: STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ‘ DIVISION ul See ONALREGULATION, pe -2 DBL EL Petitioner, Case No. 2001-04906 vs. NELSON DAVID CASTILLO, Respondent. / ee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against NELSON DAVID CASTILLO, ("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 Servicing Contractor, in the S-ate of Florida, having been issued license number CP C056859. 3. Respondent's last known address is 17641 SW 7" Avenue, Miami, Florida 33157. 4. At all times material hereto, Respondent was the licensed qualifier for Kristal Blue Pool Company of Miami (hereinafter referred to as " Contractor"). 5. Section 489.1195(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 organ‘zation; 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 March 3, 2001, the Contractor entered into a written contract with Richard and Andrea Prentiss (“Customers”) to renovate an existing swimming pool and patio, and add a swim out and spa at 10935 SW 129" Street, Miami, Florida. 7. The contract price was Twenty One Thousand, Nine Hundred Thirty Five dollars ($21,935.00). 8. The contract did not include a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 9. In or around March 2001 through June 2001, the Customers paid the Contractor three (3) checks totaling Nineteen Thousand, Seven Hundred Forty dollars ($19,740.00) towards the contract price. 10. Section 489.105(3)(1), Florida Statutes (2000), defines the scope of work ofa swimming pool/spa servicing contractor license as follows: 489.105 Definitions.—-As used in [Part I of Chapter 489, Florida Statutes}: ; x * * * * (3) “Contractor” means the person who is qualified for, and shall only be responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve, any pbuilding or structure, including related 2 improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsequent paragraphs of this subsection.*** x x * * * (1) “Swimming pool/spa servicing contractor’ means a contractor whose scope of work involves the servicing and repair of any swimming pool or hot tub or spa, whether public or private. The scope of such work may include any necessary piping and repairs, replacement and repair of existing equipment, or installation of new additional equipment as necessary. The scope of such work includes the reinstallation of tile and coping, repair and replacement of all piping, filter equipment, and chemical feeders of any type, replastering, reconstruction of decks, and reinstallation or addition of pool heaters. The installation, construction, modification, substantial or complete disassembly, or replacement of equipment permanently attached to and associated with the poo! or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure, however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, substantial or complete disassembly, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. 11. Onor about April 10, 2001, the Contractor commenced working on the Customers” pool project and completed the project in or around July 2001. 12. During the course of work performed by the Costractor, the Customers’ phone line was cut, the DSL cable was cut, and the sprinkler lines were cut multiple times. 13. At the completion of the project, the spa was not built in the correct place according to the plans, the deck was cracking, and water was leaking from the gas pipe. COUNTI 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count I. 15. Section 489.1425, Florida Statutes, provides: any agreement or contract for repair, 3 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. 16. . Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2000), by failing in any material respect to comply to with the provisions of this part or violating a rule or lawful order of the board. . COUNT II 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count I. 18. Based on the foregoing, the Respondent is guilty of having violated Sections 489.129(1)(c) and 455.227(1)(0), Florida Statutes, by practicing or offering to practice beyond the scope permitted by law, by contracting to build, and by building, a spa. 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. car wt Signed this Sno day of OS foBX 2002. PATRICK/CREEHAN CHIEF CONSTRUCTION ATTORNEY COUNSEL FOR DEPARTMENT: Theodore R. Gay sages 2 Assistant General Counsel pepartinent af RepUuTY CLERK Department of Business and P ead Professional Regulation Ni tlicalt 401 NW 2 Avenue #N607 4 yA v K - Miami, FL 33128 CER 76-32 (305) 377-7115 pATE TRG/sb TAN2 Case #2001-04906 pe Waived S~1G-2002

Docket for Case No: 04-002381PL