STATE OF FLORIDA . - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-09045 GARTH S. BONNER, Respondent. , ey 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. ad emery ros er cramer 4. At all times material hereto, Respondent was licensed to qualify Nu-Style Pools. 5. Section 489.1195(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 November 12, 1999, Respondent, doing business as Nu-Style Pools, contracted with Harris and Laura Rubenfeld (hereinafter “Rubenfeld”), for the construction of a swimming pool with screen enclosure at their residence located at 7869 Manor Forest Lane, Boynton Beach, Florida. 7. The contract price was $21,674.00, and the project was completed and Respondent was paid approximately $20,615.30. 8. Respondent failed to provide his license number on the contract. 9. Respondent failed tolprovide notification of the Construction Industries Recovery Fund. 10. The project obtained a Certificate of Completion. 11. In or around August of 2000, Respondent sent Rubenfeld a letter advising that Nu-Style Pools, Inc. would be filing Chapter 7 Bankruptcy within a few week and the business would be closed as of August 17, 2000. 12. Onor about August 23, 2000, a Claim of Lien in the amount of $6,730.00 was placed on the Rubenfeld’s residence by Screen Builders, Inc., which was approximately $5,671.30 more than Rubenfeld owed on the contract price. 13. On or about September 15, 2000, Respondent filed for Chapter 7 Bankruptcy in Broward County, Florida. SR ET ET TRE RTE OTe ema == 14. Respondent has failed to satisty the lien, and Rubenfeld has entered into a verbal agreement with Screen Builders to make payments in the amount of $1,000.00 until the lien is satisfied. 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)(@, Florida Statutes, by failing.in any material réspect to comply with the provisions of this part or violating a rule or lawful order of the board. OUNT II 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 20. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida is ee ee ee OE eT aE ei my aibeibia oa fis 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. COUNT Hi ‘21. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 22. _ 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 property 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 15 days after the date of such liens. oe -f*~ COUNTIV 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)(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), 4 Po mgpare Te ee 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. ro ( 2 Signed this | 6 ~__ day of 2001. COUNSEL FOR DEPARTMENT: Theodore R. Gay ‘Assistant General Counsel and Angela C. Desmmondf') Assistant General Counsel Department of Business and . Professional Regulation. ee Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD 2000-09045 gc ve (00: 530-01 oa Assistant General Counsel FD Department of Busy ness and P DEPUTY Clem Pedulton cur tard DATE i a own ¢ Broo re roe + SECS MRT ER A NT EE

Docket for Case No: 01-004908PL