May 15 2008 16:25 @5/15/ 2888 16:87 8589219186 DEPR PAGE @4/ae STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, - Case No. 2005-048579 v. ROBERT MERICKLE, Respondent. : / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT 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 Commercial Pool Contractor in the State of Florida, having been issued license number CP C055619. 3. Respondent's last known address of record is 1136 Auraria Road, Dawsonville, GA 30536. May 15 2008 16:25 @5/15/ 2888 16:87 8589219186 DEPR PAGE @5/@8 4, At all times uuaterial hereto, Respondent was doing business as Blue Haven Pools of West Palm Beach, Inc. (“BHP”). BHP has not been appropriately qualified as required. 5, Section 489.1 195(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 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 May 4, 2004, BHP entered into a contract with Diane Victoria ("Victoria") in the amount of $33,000.00 to build a switnming pool with screen enclosure at residence located at 16891 Crestview Lane, Weston, FL 33326. | 7. Victoria paid a total of $32,125.00 to BHP. 8. Respondent failed to finalize the permit to complete the work pursuant to the contract with Victoria, 9 Neither BHP nor Respondent completed the contracted work. 10, On or about March 31, 2006, Respondent entered into a mediation agreement with Victoria to finish the remainder of the pool contract. 11. Respondent did begin working again on the pool; however, Respondent failed to finish the pool or finalize the permit. 12. The permit has since expired again, expiring on December 13, 2007, 13, Neither BHP nor Respondent completed the contracted work as agreed upon in . the mediation agreement, | ad No amount of monies paid by Victoria to BHP has been refunded. 15, Based on the amount of work completed, the amount of monies received by Respondent was in excess of the amount of work completed by Respondent. May 15 2008 16:25 @5/15/ 2888 16:87 8589219186 DEPR PAGE 86/88 COUNTI 16. _—_—- Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 17. Section 489.119(2), Florida Statutes requires that a contractor must register and obtain a certificate of authority and qualified business license for any name in which a contractor wishes to engage in business. 18. Respondent is engaging in business as Blue Haven Pools of West Palm Beach, Inc. and it has not been appropriately qualified. 19. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.1 19(2), Florida Statutes, . | COUNT II 20. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 21. Based on the foregoing, Respondent violated section 489.129(1)(g)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 that 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 job is abandoned, COUNT II 22, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. May 15 2008 16:26 @5/15/ 2888 16:87 8589219186 DEPR PAGE @7/ae 23, Based on the .oregoing, Respondent violated section =59,129(1)), Florida Statutes, by abandoning the 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 IV 24, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 25, Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes, by failing to obtain the necessary permits, pass all inspections and finalize the necessary permits. | COUNT V 26. —_ Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 27. Based on the foregoing, Respondent violated section 489,129(1)(m), Florida Statutes, by committing incompetence or mismanagement 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 May 15 2008 16:26 @5/15/ 2888 16:87 8589219186 DEPR PAGE @8/ae Chapters 489, 455, Florida ».atutes, and/or the rules prormulgated the. eund | Signed this Z sf day tb 2008. PC Found: March 25, 2008 yA ; lf Div. I: Watts & Lawson B y: “Matthew D, Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: Matthew D. Morton Assistant General Counsel Department of Business and Professional Regulation Vv) Office of the General Counsel \ \ LEE ao 1940 N. Monroe Street, Ste, 42 a ness 2 K Tallahassee, FL 32399-2202 , pepartmant OT DUTY CLER

Docket for Case No: 08-002386PL