STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND oe DL SNe PL PROFESSIONAL REGULATION, Petitioner, VS. Case Nos. 2000-06907, 2000-07341 & 2000-09099 GARTH S. BONNER, Respondent. uf ee ot ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GARTH S. BONNER, ("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 Swimming Pool Contractor in the State of Florida, having been issued license number CP €056430. 3. Respondent's last known address is 3389 Sheridan Street Suite #160, Hollywood, Florida, 33021. 4. At all times material hereto, Respondent was licensed to qualify Nu-Stlye Pools. 5. At all times material hereto, Nu-Style Pools was a Qualified Business in the State of Florida, having been issued license number QB 9007563. 6. Section 489.1 195(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. “BACTS PERTAINING TO CASE NO, 2000-06907 7. On or about June 19, 1999, Respondent, doing business as Nu-Style Pools, contracted with John and Vicki Haas (hereinafter “the Haas”), for the construction ofa swimming pool at their home located at 11093 Harbor Springs, Boca Raton, Florida. 8. The contract price was $42,000.00 and Respondent was paid approximately paw ® $38,200.00. ~*~ f 9. Respondent failed to provide his license number or the license number of Nu- Style Pools on the contract. 10. Respondent failed to provide notification of the Construction Industries Recovery Fund. 11. Work on the project began in or around September of 1999, however Respondent failed to complete the project. | 12. On or about August 23, 2000, a lien was recorded against the property by Screen Builders, Inc., in the amount of $15,098.00. 13. Respondent has failed to satisfy the lien. 14. Onor about September 15, 2000, Nu-Style Pools filed for Bankruptcy, case aemerererrcrrr orn wrt number 00-25582-BKC-PGH, in Broward County. COUNT 1 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), ¥ Jorida 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 for 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)(i), Florida Statuies, by failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board. me ; °* counrn 18. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 19. Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 20. Based on the foregoing, the Respondent violated Section 489.129(1)@, Florida Statutes, vy failing in any material respect to comply with the provisions of this part or violating arule or lawful order of the board. nme ore COUNT II 21. _ Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. ‘99. Based on the foregoing, the Respondent violated Section 489.129(1)Q), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 24. Based on the foregoing, the Respondent violated Section 489.129(1)(g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the propeity of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT V 95. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 26. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO. 2000-07341 27. Onor about February 14, 2000, Respondent, doing business as Nv-Style Pools, cere contracted with Donna O’Rourke for the construction of a swimming pool, deck, and screen enclosure at her residence located at 1633 Crooked Stick Way, Greenacres, Florida. 28, The contract price was $20,300.00 and Respondent was paid approximately $19,310.00. 29. The contract did not contain Respondent’s license number or the license number for Nu-Style Pools. 30. Respondent failed to provide notification of the Construction Industries Recovery Fund. 31. . Work on the project began on or about April 20, 2000, however, the project was never completed. 32. On or about September 15, 2000, Nu-Style Pools filed for Bankruptcy, case number 00-25582-BKC-PGH, in Broward County. COUNT VI 33. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Six and Paragraphs Twenty-Seven through Thirty-Two as though fully set forth herein. 34. 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 for 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. 35. 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 tule or lawful order of the board. Poorer COUNT Vil 36. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Six and Paragraphs Twenty-Seven through Thirty-Two as though fully set forth herein. 37. Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. . 38. Based on the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating atule or lawful order of the board. COUNT Vil 39. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Six and:Paragraphs Twenty-Seven through Thirty-Two as though fully set forth herein. 40. Based on the foregoing, the Respondent violated Section 489,129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. : COUNT IX 41. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Six and Paragraphs Twenty-Seven through Thirty-Two as though fully set forth herein. 42. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO. 2000-09099 43. Onor about February 9, 2000, Respondent, doing business as Nu-Style Pools, Inc., contracted with Mary Ellen Antonetti (hereinafter “Antonetti”), to build a swimming pool at Antonetti’s property located at 21010 Windemere Lane, Boca Raton, Florida. 44. The contract price was $30,500.00 and Respondent was paid $29,000.00, representing approximately ninety-seven (97) percent of the contract price. 45. Respondent failed to provide his license number on the contract. 46. Respondent failed to provide notification of the Construction Industries Recovery Fund. 47. Work on the project began on or about March 6, 2000, however the work was never completed, 48. Antonetti hired subcontractors to complete the swimming pool at an additional cost of $16,465.00 and consisted of completing the screen enclosure, installing the pool equipment, electrical work, surfacing the swimming pool, and building the pool deck. ag ae . i COUNT X 49. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Six and Paragraphs Forty-Three through Forty-Eight as though fully set forth herein. 50. 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. 51. Based on the foregoing, the Respondent violated Section 489.129(1)@), 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. ro iil adie, COUNT XI 52. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Six and Paragraphs Forty-Three through Forty-Eight as though fully set forth herein. 53. Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 54. Based on the foregoing, the Respondent violated Section 489,129()@, 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 XH 55. Petitioner realleges and incorporates.the allegations set forth in Paragraphs One through Six and Paragraphs Forty-Three through Forty-Eight as though fully set forth herein. 56. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT Xil 57, Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Six and Paragraphs Forty-Threé through Forty-Eight as though fully set forth herein. 58. _ Based on the foregoing, the Respondent violated Section 489.129(1)(g)2, Florida 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 customer’s job and the percentage of completion is less than the creme er ate ie. percentage of the total contract price paid to the 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 the job is abandoned. COUNT XIV 59. _ Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Six and Paragraphs Forty-Three through Forty-Eight as though fully set forth herein. 60. 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 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 | 4 i. day of hn , 2001. FILED Department of Business and Profegstonal Regulation CLERK ern mene gy eee perce oR rare: oan Sr os wh COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Angela C. Desmond Aw Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD 2000-06907, 2000-07341, & 2000-09099 ob Lhe feo: 5-30-0/ AdUsen t Howe CORES TT RT Rr er mere men mE on Fr rere “ener wae mee

Docket for Case No: 01-004906PL