Now 28 2007 9:30 11/28/2887 16:16 8569219186 DEPR PAGE 3/14 : STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD’ DIVISIONS Tf DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. ; : Case Nos, 2005054501 , 2005-04679] ROBERT J. GROSSO, , D/B/A A-QUALITY POOLS, INC., Respondent. : , / , ADMINISTRATIVE ; COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT J. GROSSO, A-QUALITY POOLS, ING, ("Respondent"), and says: 1 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 C1456781 by the Florida Construction Industry Licensing Board. . 3. Respondent's last known address is 7220 North Mobley Road, Odessa, Florida 33556. . 4. Section 489. 1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the llf/2e/28e7 16:16 8589219186 Now 28 2007 9:30 DEPR PAGE @d4/14 ” business organization; for all field work at al] sites; and for financial matters, both for the ' organization in general and for each specific job. 5. At all times material hereto, the Respondent was the qualifying agent of A-Quality Pools, Inc. FACTS PERTAINING TO CASE NO, 2005-054501 6. On or about J amuaty 28, 2005, the Respondent entered into a written contract with Linda Reade (*Reade”) to build a swimming pool and deck at Reade’s home located at 11338 Mag ory Avenue, Tampa, Florida, 33612, | 7, The total price of the contract was 361, 666 .00. Reade paid Respondent $61,160.00, or approximately ninety-nine percent (99%) of the contract price. . 8. ’ On or about April 1, 2005, the Respondent obtained ; permit number 263703- 005 | from the City of Tampa Building Department. 9. Work on the contracted project began in April of 2005 and ended on or about November 2, 2005, when the Respondent abandoned the contracted project. 10. The Respondent failed to obtain the required inspections on the contracted project. oo 11, The percentage of work completed by the Respondent was si gnificantly less than the percentage of the total contract price that Reade paid Respondent. - 12, An estimate revealed that it would cost an addition $12,627.00 to complete the construction on the contracted project. COUNT I 13. Petitioner realleges and incorporates the allegations set forth in ‘Paragraphs 1 through 12 above as though fully set forth herein, Now 28 200° 9:31 11/28/2687 16:16 8589219166 DEPR PAGE ; a5/14 » 14, Based on the foregoing, Respondent violated section 489,129(1)(), 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 #0 consecutive days. COUNT IT: 15. Petitioner realleges and incorporates the allegations set forth in paragraphs’ | through 12 above as though fully set forth herein. _ . 16. Based on the foregoing, Respondent violated section 489,129(1)(m), Florida Statutes, by conunitting incompetency or misconduct in the practice of contracting. COUNT It 17. Petitioner realleges and incorporates the allegations set forth in paragraph I through 12 above as though filly set forth herein. 18. _ Based on the foregoing, Respondent violated section 489,129(1)(0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT IV 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 above as though fully set forth herein. 20. Based on the foregoing, Respondent violated Section 489,129(1)(g)(2), Flotida Now 28 200° 9:31 11/28/2687 16:16 8589219186 DEPR PAGE 86/14 Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the ' contractor has abandoned a customet’s job and the percentage of completion is less than the percentage of the total contract ptice paid to thé contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date thé job is abandoned. - FACTS PERTAINING TO CASE NO. 2005-043821 “21. On or about October 31, 2003, the Respondent entered into a written contract with John Mannone (“NMannone”) to excavate the property, resurface the pool, add on to the’ deck, and resurface the deck at Mannone’s hotne located at 17904 Cleark Lake Drive, Lutz, Florida 33548. | 22. “The total amount tof the contract was $22, 450, 00. Mannone paid the Respondent $20,213.33, or approximately ninety percent (90%) of the contract price. ' 23, The construction on the contracted project began on or about: November 1, 2005. and ended when Respondent abandoned the contracted project, leaving it unfinished. 24, The work ‘completed by the Respondent was shoddy and exiramely jor, 25, The amount of work completed was worth substantially less than the amount that Mannone had paid Lo the Respondent. 26, Mannone paid an additional $6,900.00 to finish the work that the Respondent. failed to complete on the contracted project. COUNT V 27, Petitioner realleges and incorporates the allegations set forth in Paragraphs 1 through J and 21 through 26 above as though fully set forth herein. Now 28 200° 9:31 llf/2e/28e7 16:16 8589219186 ; DEPR . PAGE @7/ld 28, Based on the foregoing, Respondent violated section 489.129(1)(j), Florida Statutes, by abandoning a construction projectin 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 VI 29. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 3 and 21 through 26 above as though folly set forth herein. 30. Based on the foregoing, Respondent violated Section 489,129( 1\(g)Q), Florida - Statutes, by committing mismanagement or misconduct in the practice of contracting that causes . financial harm to a customer, Financial inismanegement or misconduct occurs when the contractor has abandoned a customer's. job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandoriment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. " | , COUNT VII 31. | Petitioner realleges and incorporates the allegations set forth in paragraphs 1 "through 3 and 21 through 26 above as though fully set forth herein, 32, Based on the foregoing, Respondent violated section 489,129(1)(m), Florida Statutes, by committin g incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Now 28 2007 9:32 11/28/2687 16:16 8589219186 DEPR PAGE 88/14 ha Board enter an Order imposing one ormore of the following penalties; place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registtation, 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 miles promulgated thereunder. es oo ; Signed this, On“ day of_._ k frtad ~___, 2006, Assistant General Counsel ‘COUNSEL FOR. DEPARTMENT: : Brian Elzweig “Assistant General Counsel . Department of Business and Professional Regulation © Office of the General Counsel _ 1940 N. Monroe Street, Ste. 42 ' Tallahassee, FL 32399-2202 BE/sh . ' Case Nos.: 2005-054501, 2005-046791 PC Found: April 25, 2005 Rivision II; Flaherty & Pletanza

Docket for Case No: 07-005396