STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND 00 “4 TUA- PROFESSIONAL REGULATION, Petitioner, vs. Case No. 99-05190 RONALD MARION BIXLER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RONALD MARION BIXLER, ("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/Spa Contractor, in the State of Florida, having been issued license number CP C056418. 3. Respondent's last known address is 6074 North Sabal Palm Blvd., Suite 213, Tamarac, Florida 33319. 4, At all times material hereto, Respondent was the licensed qualifier for Star-Lite Pools, Inc. ("Star Lite”). 5. 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 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. On or about March 10, 1994, the Respondent, doing business as Star Lite, entered into a contractual agreement with John Williams, president of Tarrymore Apartments, Inc., whereby the Respondent was to fill in existing gutters and install new skimmers on the pool located at Tarrymore apartments. ' 7. The Respondent, in the final contract, failed to include his license number as required pursuant to Section 489.119(6)(b), Florida Statutes. 8. The total contract price was $1,425.00. 9. The Respondent was paid the full contract price by Tarrymore Apartments, Inc. ‘10. On or about October 23, 1996, the Department of Health and Rehabilitative Services (HRS) cited the Respondent for an illegal modification to the pool and closed it because the engineering plans for the skimmer installation were neither submitted nor approved. The pool would remain closed until engineering plans were submitted and approved. 11, In or around January, 1997, the Respondent entered into another contractual agreement with Williams to have engineering plans drawn for submittal to HRS. 12. The total contract price was $650.00. 13. The Respondent has failed to perform the original contract with Tarrymore Apartments. 14. To date, the pool in the Tarrymore Apartment Complex is closed. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 16. Section 489.119(6)(b), Florida Statutes, provides that the registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 17. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating arule or lawful order of the board. COUNT II 18. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 19, Based on the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT III 20. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 21. Based on the foregoing, the Respondent violated Section 489.129(1)(k), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed 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. 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 rules promulgated thereunder. Signed this / pee day of , 2000. ead Construction Attorney COUNSEL FOR DEPARTMENT: F | | E D Patrick F. Creehan Department of Business and Professional Regulation Assistant General Counsel DEPUTY CLERK Department of Business and MW Professional Regulation cm eat Tlichole Office of the General Counsel ge | 7- a Y X 1940 N. Monroe Street, Ste. 60 : Tallahassee, FL 32399-2202 PFC/jkm Case # 99-0519 BLPL gw

Docket for Case No: 00-004716PL