STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ; DIVISION II DEPARTMENT OF BUSINESS AND Ol BOA! PL ; PROFESSIONAL REGULATION, Petitioner, . vs. : Case Nos. 2000-00919, 2000-00574, & 99-09905 ROCK ERIC MILLER, Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROCK ERIC MILLER, ("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 C056698. 3. Respondent's last known address is 3896 Burns Road #6, Palm Beach Gardens, Florida 33410. 4. . At all times material hereto, Respondent was licensed to practice contracting in his individual name. EACTS PERTAINING TO CASE NO. 2000-00919 5. On or about August 11, 1998, Respondent entered into a written agreement with Caroline Williams Wright and Egan Wright (hereinafter "the Wrights") to construct a pool at 9892 Crossbill Court, Lake Worth, Florida. 6. The contract price was $34,600.00, of which the Wrights paid Respondent $34,257.00. . | 7. Respondent completed the project, but failed to obtain a final inspection of the pool from the Palm Beach County Building Department. 8. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth herein. 9. Section 489.1425(1), Florida Statutes, (1997) states that any agreement or contract for repair , restoration, improvement, or construction to residential real property must contain a written statement notifying the customer of the Construction Industries Recovery Fund. 10. Respondent failed to include the Construction Industries Recovery Fund Notification in the contract with the Wrights. | : ll. Based on the foregoing, Respondent violated Section 489.129(1)@), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or : violating a rule or lawful onder of the board by having violated Section 489.1425(1), Florida i Statutes (1997). how oe COUNT II 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth herein. 13. Section 489.119(2), Florida Statutes (1997), states that an individual that engages in contracting as a business organization, the business organization must apply for a certificate of authority through a qualifying agent. 14. | Respondent failed to obtain a certificate of authority for Pool Crafters. ; 15. Based on the foregoing, Respondent violated Section 489,129(1)(), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board by having violated Section 489.119(2), Florida Statutes (1997). COUNT HI 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489.129(1)(p), Florida Statutes (1997), by proceeding on a job without obtaining applicable local building department permits and inspections. . FACTS PERTAINING TO CASE NO. 2000-00574 18. Onor about August 10, 1999, Respondent entered into a written agreement with Cynthia Raimondo (hereinafter "Raimondo") to construct a pool at Raimondo's residence located at 124 Still Lake Drive, Jupiter, Florida. 19. The price of the contract was $25,800.00, of which Raimondo paid Respondent a $500.00 deposit. a | 20. Respondent applied for a building permit, but never picked the permit up from the Town of Jupiter Building Department. 21. Respondent performed no work and did not return Raimondo's deposit. COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and eighteen through twenty-one as though fully set forth herein. 23. | Based on the foregoing, Respondent violated Section 489.129(1)(g)2, Florida Statutes (Supp. 1998), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer by abandoning 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 abandonment, COUNT V 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and eighteen through twenty-one as though fully set forth herein. 25. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes (Supp. 1998) by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT V 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one- through four and eighteen through twenty-one as though fully set forth herein, 27. Based on the ‘foregoing, Respondent violated Section 489. 1290 Xm), Florida Statutes : (Supp. 1998), by committing j incompetency or. misconduct in the practice of contracting. 4 See rie preys roe s ResangU Dk RFE a ae COUNT VII oy 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and eighteen through twenty-one as though fully set forth herein. 29. Section 489.1425(1), Florida Statutes, (Supp. 1998) states that any agreement or contract for repair , restoration, improvement, or construction to residential real property must contain a written statement notifying the customer of the Construction Industries Recovery Fund. 30. Respondent failed to include the Construction Industries Recovery Fund Notification in the contract with Raimondo. 31. Based on the foregoing, Respondent violated Section 489.129(1)(3), Florida Statutes (Supp. 1998), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board by having violated Section 489.1425(1), Florida Statutes (Supp. 1998). . E S.PERT. T YO. 99-09905 32. Onor about June 14, 1999, Respondent entered into a written agreement with Kari Dimas (hereinafter "Dimas"), whereby Respondent was to build a pool and Dimas’ home located at 240 Monroe Drive, West Palm Beach, Florida. | 33. The price of the contract was $26,000.00, of which Dimas paid Resondent $18,700.00. . . | 34. Respondent commenced work on the project, but has not performed any work since the gunite installation on or about August 13, 1999. . 35. Two contractors estimated that Respondent completed only $5,000.00 worth of work. 36. Dimas received an estimate in the amount of $23,960.00 to complete her pool by Serer gee Hackl Pools and an estimate of $18,700.00 from Pool Doctors. 37. Respondent has not returned any portion of the money paid. COUNT Vi 38. Petitioner realleges and incorporates the allegations set forth in paragraphs one - through four and thirty-two through thirty-six as though fully set forth herein. . 39. Based on the foregoing, Respondent violated Section 489.129(1)(g)2, Florida Statutes (Supp. 1998), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer 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 abandonment. COUNT IX 40. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and thirty-two through thirty-six as though fully set forth herein. 41, . Based on the foregoing, Respondent violated Section 489. 129(1)@), Florida Statutes (Supp. 1998), by abandoning a construction project in which the contractor is engaged or under , contract as a contractor. COUNTS 42. Petitioner realleges and incorporates the allegations s set forth in paragraphs one through four and thirty-two through thirty-six as though fully set forth herein. 43. Section 489.1 19(6)(b), Florida Statutes (Supp. 1998), states that the license number of each contractor or business organization shall appear i in each offer of services, “business proposal, bid, contract, ‘or advertisement, Sabi os cc) ad 44. — Respondent failed to include his license number in the Dimas contract. or 45. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes (Supp. 1998), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board by having violated Section 489.119(6)(b), Florida Statutes (Supp. 1998). COUNT XI 46. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and thirty-two through thirty-six as though fully set forth herein. - 47. Section 489.1425(1), Florida Statutes, (Supp. 1998) states that any agreement or contract for repair , restoration, improvement, or construction to residential real property must — contain a written statement notifying the customer of the Construction Industries Recovery Fund. 48. Respondent failed to include the Construction Industries Recovery Fund Notification in the contract with Dimas. 49. Based on the foregoing, Respondent violated Section 489. 129(1)(), Florida Statutes (Supp. 1998), by failing in any material respect to comply with the provisions of this part or violating arule or lawful order of the board by having violated Section 489.1425(1), Florida Statutes (Supp. 1998). COUNT XT 50. Petitioner realleges and incomporates the allegations set forth i in paragraphs one through four and d thirty-two through thirty-six as though fully set forth herein. - Si. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes (Supp. 1998), by committing incompetency or misconduct in the practice of contracting. 7 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 adrninistrative 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 9% th day of COUNSEL FOR DEPARTMENT: Theodore R. Gay ; F | L E D Senior Attorney _ Department of Business and Professional Regulation and DEPUTY CLERK Erica D. Glover Senior Attorney cern 13 /, i) Slidelt Department of Business and Professional Regulation DATE O -20 - 2000 —_* oe. Office of the General Counsel . : | 1940 N. Monroe Street, Ste. 60 : Tallahassee, FL 32399-2202 EDG/bjb Case #s2000-00919, 2000-08574, ,& 99-09905 PCP: August 24, 2000 Lawson & Weller ee

Docket for Case No: 01-003041PL