May 21 200? 10:18 6/21/2887 16:85 8589219186 DEPR PAGE 3/15 STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISIONS I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Nos. 2005-054501 2005-046791 ROBERT J. GROSSO, D/B/A A-QUALITY POOLS, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT J. GROSSO, A-QUALITY 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 CP C1456781 by the Florida Construction Industry Licensing Board. 3, Respondent's last known address is 7220 North Mobley Road, Odessa, Florida 33556. 4. 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 6/21/2887 16:85 8589219186 DEPR May 21 200? 10:18 PAGE 4/15 ‘ Husiness organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 5. Atall times material hereto, the Respondent was the qualifying agent of - A-Quality Pools, Inc. FACTS PERTAINING TO CASE NO. 2005-054501. 6. On or about J amary 28, 2005, the Respondent entered into a written contract with Linda Reade (“Reade”) to build a swimming pool and deck at Reade’s home located at 11338 Marjory Avenue, Tampa, Florida 33612. 7. The total price of the contract was $61,666.00. Reade paid Respondent $61,160.00, or approximately ninety-nine percent (99%) of the contract price. 8. On or about April 1, 2005, the Respondent obtained permit number 263703-005 from the City of Tampa Building Department. 9. Work on the contracted project began in April of 2005 and ended on or about November 2, 2005, when the Respondent abandoned the contracted project. 10. ‘The Respondent failed to obtain the required inspections on the contracted project. 11. The percentage of work completed by the Respondent was si gnificantly less than the percentage of the total contract price that Reade paid Respondent. 12, An estimate revealed that it would cost an addition $12,627.00 to complete the construction on the contracted project. COUNT I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 above as though fully set forth herein. May 21 200? 10:18 5/21/2687 16:85 8589219186 DEPR PAGE 85/15 14, Based on the foregoing, Respondent violated section 489.129(1)@), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be 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. ) GOUNT II 15. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 12 above as though fully set forth herein. 16. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT OI 17. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 12 above as though fully set forth herein. 18. Based on the foregoing, Respondent violated section 489. 129(1)(0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT IV 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 above as thongh fully set forth herein. 20. Based on the foregoing, Respondent violated Section 489.129(1)(g)(2), Florida 5/21/2687 16:85 8589219186 DEPR May 21 2007 10:18 PAGE 86/15 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. FACTS PERTAINING TO CASE NO. 2005-04382 21. Onor about October 31, 2003, the Respondent entered into a written contract with John Mannone (“Mannone”) to excavate the property, resurface the pool, add on to the deck, and resurface the deck at Mannone’s home located at 17904 Cleark Lake Drive, Lutz, Florida 33548. 29. The total amount of the contract was $22,450.00. Mannone paid the Respondent $20,213.33, or approximately ninety percent (90%) of the contract price. 23. The construction on the contracted project began on or about November 1, 2005 and ended when Respondent abandoned the contracted project, leaving it unfinished. 24, The work completed by the Respondent was shoddy and extremely poor. 25. The amount of work completed was worth substantially less than the amount that ‘Mannone had paid to the Respondent. 26. | Mannone paid an additional $6,900,00 to finish the work that the Respondent failed to complete on the contracted project, COUNT V 27. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 3 and 21 through 26 above as though fully set forth herein. 5/21/2687 16:85 8589219186 DEPR May 21 2007 10:19 PAGE 87/15 28. Based on the foregoing, 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. A project may be presumed to be 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 V1 29. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 3 and 21 through 26 above as though fully set forth herein. 30, Based on the foregoing, Respondent violated Section 489.129(1)(g)(2), Florida . Statutes, by comunitting mismanagement or misconduct in the practice of contracting that causes Ginancial 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 VII 31. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 3 and 21 through 26 above as though fully set forth herein. 39. Based on the foregoing, 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 May 21 200? 10:19 6/21/2887 16:85 8589219186 DEPR PAGE 8/15 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. fin ~ Signed this Oo day of { pact “ , 2006. 4 .f] Assistant General Counsel “COUNSEL FOR DEPARTMENT: Brian Elzweig Assistant General Counsel Department of Business and Professional Regulation ; a Office of the General Counsel AN) ea 1940 N. Monroe Street, Ste. 42 w een Tallahassee, FL 32399-2202 ‘ \ BE/sh Case Nos.: 2005-054501, 2005-046791 ee PC Found: April 25, 2006 Division (I; Flaherty & Pletanza

Docket for Case No: 07-002249PL