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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs VIC GEORGE, 01-002925PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-002925PL Visitors: 21
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: VIC GEORGE
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jul. 23, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 10, 2001.

Latest Update: Dec. 23, 2024
2 RS MR Be STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISIONS I & I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . vs. Case No. feey.) , Q O!-3726 PL VIC GEORGE, - Respondent. / i ADMINISTRATIVE COMPLAINT ’ Petitioner, DEPARTMENT OF BUSINESS AND PROFES SIONAL B REGULATION, ("Petitioner"), fi les this Administrative Complaint before the > Construction Industry Licensing Board, against VIC GtORGE, ( Respondent"), ands says: 1, Pe 6023836 (nu. Certified Roofing Contractor, in the State of Fh i atitioner i is the state agency charged with 1 regulating the Practice of ontracting. ; a pursuant to Section 20. 165 Florida St tutes, and Chapters 455 and 489, Florida Statutes, _ . - I and void). Respondent is,and has also been at all times material hereto, Bose , having been issued license number de ” ©CC057010. 3. Respondent's last known address is 8428 SW 24" Street, Suite 345, Miami, Florida 33155. 4, At all times material hereto, the Respondent was licensed to Practice contracting as South Florida Remodeling and Building Corp. 5. At no time material hereto did Respondent obtaina certificate of authority to practice contracting as South Florida Remodeling and Building Corp, as required by Section 489.119(2), Florida Statutes. . 6. On or around June 8, 1998, Respondent contracted with Samuel M. Wesley to install . high impact windows and a door on property located at 17321 NW 32™ Avenue, Opa Locka, Florida. 7. The contract price was $5,519.00, and Respondent was to be paid in monthly installments. 8. The contract specified that the windows would be made of high impact glass, 9. The contract did not contain notification of the Construction Industries Recovery Fund as required by Section 489.1 425, Florida Statutes. 10. On or around May 7, 1999, the Miami-Dade Code Compliance Office issued a Notice of Violation to Respondent f for Proceeding o on n the e Wesley Proj ect without obtaining ; a Soong? Ag On ox around November 22, 1999, permit number 1999073731 expired. 14. At the time of the permit’s expiration, Respondent had not finished the project or teplaced the coated windows with the high impact glass ones required by the contract. COUNT I | 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count 1. 16. — Section 489.119(2), Florida Statutes, provides that if an applicant proposes to engage in contracting as a business organization, including any panes, corporation, business trust, or other legal entity, or in any name other than the applicant’ s legal r name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, ifany. ' ) 17. . Based upon the foregoing, the Respondent violated Section 489.129(1)()), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating arule or lawful order of the board, COUNT II COP RBRER HEE rcs through fourteen z as s though fully s set forth hint this Count n. 19. Section 489.1425, Florida Statutes, provides that any agreement or contract for reprimand the license Fund, except where the value of all labor and materials does not exceed $2,500.00. 20. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT ITT 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count II, 22. Based upon the foregoing, the Respondent violated Section 489.129(1)(n), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. | COUNTIV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count IV. 24, Based upon the foregoing, the Respondent violated Section 489. 129(1)(p), Florida Statutes, by proceeding’ on any job without obtaining applicable local building department permits and inspections, WHEREF' ORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order i imposing one or more of the following, Penalties: place on probation, voke sus pend, y the i issuance or renewal of the certificate or registation, require financial restitution to a consumer, impose an administrative fine not to exceed $5, 000 per violation, require conning education assess S costs asso iated With | Se eeliie Ra 9) Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. MO Signed this //" dayof_ Oetebe > , 2000. _ G.W. HARRELL INTERIM LEAD CONSTRUCTION ATTORNEY COUNSEL FOR DEPARTMENT: Patrick F, Creethlt- : F | L E D Assistant General Counsel Department of Business and Professional Regulation Department of Business and DEPUTY CLERK Professional Regulation . , "i * 1940 North Monroe Street crn Parctn Nichole Tallahassee, FL 32399-2202 . DATE | 0 - 19. 2006 GWH/PFC i ac? g-a1-00 Case # 99-07486 Scere oe tae

Docket for Case No: 01-002925PL
Source:  Florida - Division of Administrative Hearings

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