May 18 200? 14:29 5/18/2687 14:16 8589219186 DEPR PAGE 83/89 ) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND ' PROFESSIONAL REGULATION, Petitioner, v. Case No.: 2004-007237 - GENE SANDERFIELD d/b/a BELLA POOLS, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GENE SANDERFIELD d/b/a BELLA POOLS, INC, ("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 Contractor, in the State of Florida, having been issued license number CPC1456593, 3. Respondent's last known addresses of record are 3795 Westover Road, Orange Park, Florida 32003 and 7961 Normandy Bivd., J acksonville, Florida 32221. 4. On or about September 20, 2003, Respondent entered into a written contract with Mike Silva ("Complainant") to construct a heated pool with screened enclosure.on Silva's property located at 3644 Maranatha Drive, Yulee, Florida 32097, May 18 200? 14:29 5/18/2687 14:16 8589219186 DEPR PAGE 84/89 } ) 5, The total contract price was Twenty-six Thousand Two Hundred and Fifty-one Dollars (826,251.00). 6. ) Complainant paid Twenty-six Thousand Two Hundred Thirty-eight Dollars and Twenty-five ceats ($26,238.25), or Ninety-nine Percent (99%) of the contract price. 7. On or about September 26, 2003, Complainant obtained permit number B03- 11748 from the Nassau County Building Department. &. On or about October 6, 2003, Respondent commenced work on the project. 9. Eatly in November 2003, Respondent ceased perfomning construction on the project. 10, On or about November 15, 2003, Respondent executed an agreement to refund Four Thousand Six Hundred Seventy Dollars ($4,670.00) to Complainant by making four (4) monthly payments of One Thousand One Hundred and Sixty-seven Dollars and Fifty cents ($1,167.50) beginning on November 25, 2003, | ) 11. The agreement executed on or about November 15, 2003 further included Respondent's promise to deliver a gas pool heater to Complainant's property on Wednesday, . November 19, 2003. 12. To date Respondent has not delivered the gas pool heater and has failed to retum any money to Complainant which he received above the amount completed on the contract. 13. As aresuit, Complainant paid Ninety-nine Percent (99%) of the contract price and received approximately Seventy-five to Eighty Percent (75-80%) of the work contracted for. 14, Respondent was not entitled under the terms of the contract to retain any money he received from Complainant above the amount completed on the contract. 15. Respondent failed to perform any additional work on the proj ect for a period May 18 200? 14:30 @5/198/2887 14:16 85a9219186 DEPR PAGE @5/09 } I greater than ninety (90) days. COUNT! . 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen (15) as though fully set forth herein. | 17. Section 489.1425(1), 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 Industry Recovery Fund, except where the value of all labor and materials does not execed $2,500.00. 18. Based on the foregoing, 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, as here, section 489.1425(1), Florida Statutes. COUNT 19. Petitioner realleges and incotporates the allegations set forth in paragraphs one through fifteen (15) as though. fully set forth herein. . 20, 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, tegardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 21. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes, by failing in any material regpect to comply with the provisions of this part or violating a rule or lawful order of the board, as here, section 489.1 19(6)(b), Florida Statutes, by failing to include his contractor license number on the contract. May 18 200? 14:30 5/18/2687 14:16 8589219186 DEPR PAGE 86/89 ) } COUNT DT 22. Petitioner realleges and incorporates the allegations set forth, in paragraphs one through fifteen (15) as though fully set forth herein. 23. Based on the foregoing, Respondent violated section 489.129(1)(2)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 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 24, Petitioner realleges and incorporates the allegations set forth in patagraphs one through fifteen (15) as though fully set forth herein, , 25, Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompeténcy 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, 5/18/2687 14:16 8589219186 Signed this PEC/lab Case # 2004-007237 ound: February 2, 2005 eo gen TL: Watts / Lawsoh May 18 200? 14:30 DEPR tT cay of felor VM , 2005, aan Patriek F. Creehan Chief Construction Attorney PAGE 87/89

Docket for Case No: 07-002240PL