Mar 14 2006 11:07 @a/14/2866 12:41 8589219186 DEPR PAGE @3/a9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION — CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND | PROFESSIONAL REGULATION, Petitioner, v. Case No, 2003-086639 ROBERT L. MERICKLE, Respondent. ; ADMINISTRATIVE COMPLAINT. Petitioner, ‘DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT L. MERICKLE, ("Respondent"), and says: lL. Petitioner is the state agency charged with regulating the practice of contracting pursuant to section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified Pool Contractor in the State of Florida, having been issued license number CP C055619. 3. Respondent's last known address of record is 2100 45" Street, #B-10, West Palm Beach, Florida 33407. A. At all times material hereto, Respondent was the primary qualifying agent for Blue Have of West Palm Beach, Inc. (hereinafter "Blue Haven"). 5, Section 489.1195(1)(a), Florida Statotes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all Mar 14 2006 11:07 . @a/14/2866 12:41 8589219186 DEPR PAGE @4/ag operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. Respondent failed to obtain a certificate of authority for Blue Haven. 1, On or about July 30, 2002, Respondent, doing business as Blue Haven, entered into a contract with Rosemary Owens ("Owens") to build a pool at her home located at 18965 131™ Trail North, Jupiter, Florida 33478, 8. The total contract price was $34,117.00, of which amount Owens paid to Respondent a total of $30,935.00. 9. On or about August 21, 2002, Respondent obtained permit number B02022629 from the Palm Beach County Building Department for the work to be performed pursuant to the contract with Owens. 10. Work. on the project began on or about August 27, 2002. ll. After work began, Owens was notified of several problems with the workmanship including lack of plumbing for a fresh water supply, water overflow from the front wall of the pool causing washouts, and the disappearing edge was constructed much smaller than what the plans called for. 12. After these problems were brought to Respondent's attention, Respondent ceased all further construction work on the project and the permit for the project has since expired. COUNTI 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 14. Section 489.119(2)(b), Florida Statutes, provides that an applicant who proposes to engage in contracting as a business organization, including any partnership, corporation, Mar 14 2006 11:08 @a/14/2866 12:41 8589219186 DEPR PAGE @5/ag business trust or other legal entity, or in any name other than the applicant’s legal name or fictitious name where the applicant is doing business as a sole proprietorship, the business organization, must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 15. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida | «Statutes, by failing to comply with a provision of Chapter 489, Part J, Florida Statutes, by violating section 489.119(2)(b), Florida Statutes, by failing to obtain a certificate of authority for Blue Haven. COUNT 16. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 12 as though fully set forth herein, 17. Based on the foregoing, Respondent violated section 489.129(1)G), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT OT 18. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 12 as though fully set forth herein. 19. Based on the foregoing, Respondent Violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. Mar 14 2006 11:08 @a/14/2866 12:41 8589219186 DEPR PAGE 86/a9 WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or - registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the niles promulgated thereunder. Signed this __| 5 day of ry bot , 2004. COUNSEL FOR DEPARTMENT: April L. Hammonds Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel F | L E D 1940 N. Monroe Street, Ste. 42 Department of Business and Professional Regulation Tallahassee, FI. 32399-2202 DEPUTY CLERK Case #: 2003-086639 cree Lreamdnt Michele PC Found: December 7, 2004 DATE lA- 94-2004 Division II: Watts & Blankenship

Docket for Case No: 06-000880PL