Mar 24 2010 12:31 @a/2d/2818 12:22 8589219186 DEPR PAGE @4/ag FILED Ogpartthont of Bustress ane Prafisstonal Repulitth Deputy Aganey Clerk CLERK Brandon Nehels Date 2/23/2010 STATE OF FLORIDA il DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION IT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No, 2009-019537 GEORGE ROBERT BRANNER, d/b/a FRIENDLY SUNCOAST POOLS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESS TONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GEORGE ROBERT BRANNER d/b/a FRIENDLY SUNCOAST POOLS, (“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 C057013. 3. Respondent's last known address of record is 6437 Otis Road, North Port, Florida 34287. Document in Unnamed 1 Mar 24 2010 12:31 63/24/2018 12:22 8589219186 DEPR PAGE 85/89 4. At all times material hereto, Respondent was doing business as Friendly Suncoast Pools, (“FSP”), which has not been issued Certificate of Authority. a. 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 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 August 16, 2008, Respondent entered into a contract with Victor Vas, an unlicensed contractor, to install a pool, (“Contract”). 7. The total contract price was $29,585.00. 8. Respondent failed to pay sub-contractors, suppliers and materialmen which resulted in the following claims of lien being filed against Complainant’s real property: a.) Prestige Gunite Florida, LLC, filed on December 3, 2008, in the amount of $4,272.75. 9. Respondent assisted a person in engaging “in uncertified and unregistered practice of contracting. 19. Respondent .knowingly combined with an uncertified person by allowing his certificate to be used by the uncertified person. Document in Unnamed 2 Mar 24 2010 12:31 @a/2d/2818 12:22 8589219186 DEPR PAGE 86/a9 COUNT ONE ll. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. 12. Based on the foregoing, Respondent violated Section 489.129(1) (g) (1), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a qustomer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contracter’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT TWO 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. 14. Based on the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing any act which agsists a parson or entity in engaging im the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or hag reasonable grounds Document in Unnamed 5 Mar 24 2010 12:31 @a/2d/2818 12:22 8589219186 DEPR PAGE @7/ag to know that the person or entity was uncertified and unregistered. 15. Patitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. 16. Based on the foregoing, Respondent violated Section 489.127(4) (c), by apply for or obtaining a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contraction or business organization duly qualified said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 17. Based on the foregoing, Respondent violated Section 489.129(1) (1), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part J, Florida Statutes, or violating a rule or lawfl order of the board, by having violated Section 489.127(1) (e), Florida Statutes. COUNT FOUR 18. Patitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. Dooument in Unnamed 4 Mar 24 2010 12:31 3/24/2618 12:22 8589219186 DEPR PAGE 19, 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 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 Chaptets 489, 455, Plorida 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. 817651 Department of Business and Professional Regulation Office of the General Counsel 1340 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 PO Found: 01/26/2010 (850) 488-0062 Telephone Members: Pietanza/Watts (850) 414-6749 Facsimile Document in Unnamed 4 ge8/e9 Mar 24 2010 12:32 @a/2d/2818 12:22 8589219186 DEPR PAGE @9/ag 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 witnessas and to have subpoenas and subpoenas duces tecum issued on 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, adainst the Respondent in addition to any other discipline imposed. Document in Unoatied 6

Docket for Case No: 10-001577