FILED Department of fxeiness ant Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Practor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT Date 3I7/2014 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Vv. Case No. 2013-017006 PATRICK J. FLANAGAN, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Divisions I and II, against Patrick J. Flanagan (“Respondent”), and alleges: 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. At all times material, Respondent has been a Financially Responsible Officer in the State of Florida, having been issued license numbers FRO 586 and FRO 3981. 3. Respondent’s address of record is 4404 Northwest 13% Street, Gainesville, Florida 32609. 4. At all times material, Respondent was the financially responsible officer for H20 Industries, Inc. d/b/a Family, Pool, Spa & Billiard Centers (“H20 d/b/a Family Pool”). 5. At all times material, H20 d/b/a Family Pool possessed a qualified business license also known as a certificate of authority. 6. Section ..489.1195(1) (b), Florida . Statutes, provides that a financially responsible officer shall be responsible for all financial aspects of the business organization and may not be designated as the primary qualifying agent. 7. On ‘or .about June 15, 2011, “H20 d/b/a Family “Pool entered into. .a written -contract with ‘Lourdes Rodriguez (Complainant”) for. the construction of .a pool at Complainant’s residential property located at 2954 Northwest 198% Street, Starke, Florida 32091. 8. The contract price was $11,172.00, ‘of “which H20 d/b/a Family-Pool ‘accepted $11,772.00. 9. H20 d/b/a Family Pool has failed to receive a passing final inspection from the. local building department for the project. 10...H20 d/b/a “Family Pool -ceased work and failed ‘to perform any work under the contract for a period of greater than 90 consecutive days without just cause. ll. At the time H20 d/b/a Family Pool ceased work under the contract, the percentage of completion was lessthan the percentage of the contract price paid. to .H20 d/b/a Family Pool by Complainant. 12. H20 d/b/a Family Pool was not entitled under the contract to retain the excess funds paid by Complainant, and to date has not refunded. the excess funds. COUNT ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 12 as though fully set forth herein. 14... Based upon ‘the foregoing, Respondent violated section 489.129(1) (4), Florida Statutes (2010), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT. TWO 15. °Petitioner realleges and incorporates by reference the allegations set forth ‘in paragraphs -one ‘through. 12..as though fully set.forth herein. 16. Based upon the foregoing, Respondent violated section 489.129(1) (g)2., Florida’. Statutes (2010), . -by abandoning a customer's job when the percentage of completion was less than the percentage of the. total contract price paid to the contractor. 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 $10,000 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. Signed this 28 day of January, 2014. KEN LAWSON, Secretary Department of Business and Professional Regulation /s/_ Katie Elisabeth Sabo Katie Elisabeth Sabo Assistant General Counsel Dept. of Business and Professional Regulation 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850) 717-1293 Telephone (850) 921-9186 Facsimile Katie.Sabo@myfloridalicense.com Florida Bar No: 91207 Probable Cause Found 12/03/2013 Division II: Cobb/Bailey Probable Cause Found 01/28/2014 Division. I: Layton/Batton NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving ‘this type of agency action. Please be advised that Respondent has the right to request a hearing to be 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 on his or her behalf if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. ‘Rule 28-106.111, Florida Administrative Code, provides in part..that if ‘Respondent fails to request a hearing within.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, er 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 Respondent ‘in addition to any. other discipline imposed.

Docket for Case No: 15-001524PL