YY Nw) a uo SP I bh, 6 STATE OF FLORIDA of, ° 4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 4/2 2, My, CONSTRUCTION INDUSTRY LICENSING BOARD 4, Cp On WS DIVISION I None DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, DBPR Case No. 97-08165 v. QD 4 L <3 Oo Ss f GEORGE F. FOLLES, . Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board against GEORGE F. FOLLES, (“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 General Contractor in the State of Florida, having been issued license number CG €040107. 3. Respondent's last known address is 8571 NW 49th Street, Lauderhill, Florida 33351. UY Y 4. On or about September 5, 1996, Yonnie Patronis, d.b.a Patronis Brothers Enterprises, entered into a contract with Barry Steven Solomon, d.b.a. Zakabuild Corporation, to perform remodeling services at.Captain Anderson’s Restaurant located at 5551 North Lagoon Drive, Panama City Beach, Florida 32408. The contract price was $583,250.00. 5. On September 25, 1996, the Respondent applied for and received Bay County Building permit #96-12084 for the aforementioned construction project. 6. The aforementioned building permit listed the Respondent as the contractor for the Captain Anderson's Restaurant project. 7. At no time material hereto, did the Respondent have a contractual agreement with the Yonnie Patronis or Patronis Brothers Enterprises to perform the work that the permit was obtained for. 8. At no time material hereto was the Respondent a licensed qualifier for Zakabuild Corporation. 9. At no time material hereto was Barry Steven Solomon, president of Zakabuild Corporation, licensed to engage in the practice of contracting, nor was Zakabuild Corporation properly qualified by a license. COUNT I 10. _ Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Nine as though fully set forth herein. 11. Respondent violated Section 489.129(1)(c), Florida Statutes (1995), by violating any provision of chapter 455 by making misleading, deceptive, or fraudulent representations in a i dd | i : yt | | U UY or related to the practice of the licensee’s profession in violation of Section 455.227(1)(a), Florida Statutes (1995). COUNT I 12. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Nine as though fully set forth herein. 13. Respondent violated Section 489.129(1)(e), Florida Statutes (1995), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT Ti 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Nine as though fully set forth herein. 15. According to Section 489.127 (4)(c), Florida Statutes (1995), a.certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by 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. This paragraph does not prohibit a contractor from applying for or obtaining a building permit to allow the contractor to perform work for another person without compensation or to perform work on property that is owned by the contractor. 2 Ay UY WA 16. Respondent violated Section 489.129(1)(j), Florida Statutes (1995), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board to enter an Order imposing one or more of the following penalties: place the license on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to the 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. Signed this 7’ dayof_—s #7 v' , 2000. FILED Department of Business and Professional Regulation Corar zk Ohond DEPUTY CLERK By: Cathleen E. O’Dowd 0, | y Lead Construction Attorney crx Baar oa) Marth 94000 ore U=18-2000. ferns DwiSion I: Gene Simmeng/ Poul MK itriok | COUNSEL FOR DEPARTMENT: Matthew S. Casey Senior Attorney FL Bar Number: 0115320 Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-0792 Case # 97-08165 MSC/jkm

Docket for Case No: 00-003054PL