Pe ae Sn Sra & as a eat bb STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUYA’ CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ee D [— LS Sy vs. Case No. 2000-05196 ROBERT LEE MERICKLE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT LEE MERICKLE, ("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 055619. : 3. Respondent's last known address is Post Office Box 126878, San Diego, California, 92112. : - 4. At all times material hereto, Respondent was the licensed qualifier for Blue Haven of West Palm Beach, 5. Section 489. 1195(1)(a), Florida Statutes, provides that all p primary -y qualifying - a ee a TET oe i he i del ted aa es a aj 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. Blue Haven of West Palm Beach is, and has been at all times material hereto, a qualified business in the State of Florida, having been issued license number QB 0007001. 7. On or about July 17, 1998, Respondent, doing business as Blue Haven of West Palm Beach, contracted with Jocelyne Cameau (hereinafter “Cameau”), for the construction of a swimming pool at the Cameau residence located at 1176 Egret Circle South, Jupiter, Florida. 8. The contract price was $18,992.00 and Respondent was paid approximately $18,556.00. 9. Respondent failed to provide notification of the Construction Industries Recovery Fund. ) k 10. The last inspection conducted on the pool was on or about November 10, 1998, and on or about June 9, 2000, a Community Service Specialist from the Town of Jupiter Building Department, issued a letter to Respondent informing him that Cameau’s permit had expired. On or about August 23, 2000, Respondent renewed the swimming pool permit. . ll. According to Respondent, work on the project has been completed, however, Respondent has failed to call for a final inspection of the swimming pool, even though Respondent presented a certificate of completion to the financing company. cotT 12. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. 13. Section 489. 1425, Florida Statutes, provides that any agreement or contract for a a ne See ae Oe Ae i ea, em chi bob ke dik 14. Based on the foregoing, the Respondent violated Section 489. 129(1)(i), Florida Statutes, by failing in any material respect to comply with the Provisions of this part or violating a rule or lawful order of the board. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. 16. Based on the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. | COUNT I 17. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. ‘ vere een 18. Based on the foregoing, the Respondent violated Section 489, 129(1)(m), Florida Statutes, by committing incompetency or misconduct in the Practice of contracting, WHEREFORE, Petitioner Tespectfully Tequests the Construction Industry Licensing PRO CIS Ree oe Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or Tenewal of the certificate or a rene Fatnath nents ian emamBieaetbcee fst Geld Ga ok 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 [ah day of Filey cer f , 2001. oO By: John J. Matthews Assistant General Counsel COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and FILED Angela C. Desmond Department of Business and Professional Regulation Assistant General Counsel AGENCY CLERK’ * Department of Business and Professional Regulation Office of the General Counsel cuRK Soypdy Le Word on 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 > — ) 9 . > (aye) { DATE. ACD 2000-05196 PCP: January 31, 2001 Lawson & Weller

Docket for Case No: 01-004898PL