Mar 24 2010 12:12 g@a/24/2818 12:83 8589219186 DEPR PAGE @7/12 Deputy Agency Clerk Brandon Nichols Date 2/23/2010 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION IZ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, an Case No. 2009-044349 DAVID A. DUBE, d/b/a PINNACLE POOLS, LLC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DAVID A. DUBE d/b/a PINNACLE POOLS, LLC., ("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, at all times material hereto, was a Certified Pool/Spa Contractor, in the State of Florida, having been issued license number CP C029628. 3. Respondent's last known addresses of record are P.O. Box 0176, Jupiter, Florida 33468; and 263 Starling Lane, Jupiter, Florida 33458. Document in Unnamed 1 Mar 24 2010 12:12 g@a/24/2818 12:83 8589219186 DEPR PAGE 8/12 4, At all times material hereto, Respondent was doing business as Pinnacle Pools, LLC., (*PPL”), which has been been issued Certificate of Authority number 9B 11071. Bu Section 489.1195(1) (a), ‘Florida Statutes, provides that all primary qualifying agents for a business organization ate 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. é. On or about September 15, 2007, Respondent entered into a contract, (“Contract”), with Nancy Jo Hopkins and Grace McBride, (“Complainants”), to install a pool located at 9301-165 Place North, Jupiter, Florida 33478, (“Project”). 7. The total contract price was in the amount of $66,170.00, of which Respondent was paid 475,734.40. 8. Respondent abandoned the Project. 9, Respondent terminated work on the Project without just cause. 10. Respondent terminated work on the Project without properly notifying Complainant. ll. Respondent failed to perform work on the Project for a period greater than 90 days. 12. Although Respondent accepted $66,170.00, or roughly 100%(plus additional funds) of the Contract price, he completed Document in Unnamed 2 Mar 24 2010 12:13 g@a/24/2818 12:83 8589219186 DEPR PAGE 9/12 less than 100%(plus additional funds) of the work on the Project. 13. Respondent has failed to return to the Project to complete the work. 14. Respondent has failed to refund any money to the Complainant. COUNT ONE 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 16. 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 TWO 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein, Document in Unnamed , 4 Mar 24 2010 12:13 g@a/24/2818 12:83 8589219186 DEPR PAGE 18/12 18. 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 abandoned after 96 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.in. COUNT THREE 19, Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein, 20. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence 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 hot to exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section Document in Unnamed 4 Mar 24 2010 12:13 g@a/24/2818 12:83 8589219186 DEPR PAGE 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. Signed this 26° day of January, 2010. CHARLIE LIEM, Interim Secretary Department of Business and - Professional Regulation By: Paul Richard Waters Paul Richard Waters, Esq. Assistant General Counsel Florida Bar No. 817681 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Pacsimile PC Found: 01/26/2010 Members: Pietanza/Watts Document in Unnamed 5 11/12 Mar 24 2010 12:13 g@a/24/2818 12:83 8589219186 DEPR PAGE 12/12 NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued om his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. Document in Unnamed 6

Docket for Case No: 10-001576