STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, os - [¢G@7P Cc vs. Case No. 2000-07040 - ROBERT LEE MERICKLE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROF ESSIONAL 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 Swimming Pool Contractor in the State of Florida, having been issued license number CP C055619, 3. Respondent's last known address is P.O. Box 126878, San Diego, California 92112. 4. At all times material hereto, Respondent was licensed to qualify Blue Haven of West Palm Beach, Inc. 5. Section 489.1195(a), Florida Statutes (1999), 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 January 8, 2000, Respondent, doing business as Blue Haven of West Palm Beach, Inc., contracted with Stephen R. Kersey, ( hereinafter “Kersey”), to build a swimming pool, screen enclosure and spa at his single-family residence located at 1166 Southeast 13% Avenue, Boca Raton, Florida. 7. The contract price was $33,600.00 and Blue Haven of West Palm Beach, Inc. was paid approximately $35,350.00. 8. Neither the contract nor the Blue Haven of West Palm Beach, Inc. brochure _ contained notice of the Construction Industries Recovery Fund. 9. Blue Haven Pools refunded the overpayment of $1 ,750.00 after the last payment on the contract was made on or about January 20, 2000. 10. The City of Boca Raton Building Department inspected and passed the pool shell on or about March 1, 2000. 11. The City of Boca Raton Building Department inspected and passed the pool piping on or about March 20, 2000. 12. The City of Boca Raton Building Department inspected and passed the pool patio deck on or about March 29, 2000. 13. Respondent performed no work on the pool after about May 17, 2000. 14. Kersey sent several written documents to Respondent outlining the problems 2 with the pool, spa and screen enclosure construction that needed to be addressed to satisfy both the contract terms and the final inspection, beginning on or about May 8, 2000 and ending on or about June 8, 2000. 15. Kersey received no answer from Respondent and Blue Haven of West Palm Beach, Inc. has not corrected the problems. 16. Kersey requested a courtesy inspection of his pool and screen enclosure by the City of Boca Raton Building Department. 17. The inspector for the City of Boca Raton Building Department, Al Alawar, discovered that the pool plans and pool permit had been removed from the site. 18. Blue Haven of West Palm Beach, Inc., was issued a red tag by the City of Boca Raton Building Department for not having the permits and plans on the job site. 19. The screen enclosure and swimming pool permits have now expired. 20. As of April 25, 2001, Blue Haven of West Palm Beach, Inc. had not obtained, nor passed, a final inspection of the swimming pool or the screen enclosure. COUNT I 21. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twenty as though fully set forth herein. 22. Section 489.1425, Florida Statutes (1999), provides that any agreement for contract or 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. 23. Based on the foregoing, the Respondent violated Section 489.129( 1)G), Florida Statutes (1999), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, to wit; Section 489.1425, Florida Statutes (1999), by failing to provide notification of the Construction Industries Recovery Fund. COUNT II 24. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twenty as though fully set forth herein. 25. Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes (1999), 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. COUNT III 26. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twenty as though fully set forth herein. 27. Based on the foregoing, Respondent violated Section 489. 129(1)(g)2, Florida Statutes (1999), 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 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 IV 28. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Twenty as though fully set forth herein. 29. Based on the foregoing, the Respondent violated Section 489. 129(1)(0), Florida Statutes (1999), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT V 30. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Twenty as though fully set forth herein. 31. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (1999), by comunitting 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, teprimand 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 thereun¢ler. Signed this a 1h day of f lu | , 2001. Departmant of Businass and Professional Regulation DEPUTY CLERK bert A. Crabill CLERK Brand WM Michel ief Construction Attorney ome 7-31-20) COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Angela C. Desmonaf 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/bsb 2000-07040 de HY poo s/n lowson & Falawds

Docket for Case No: 03-001467PL