Cp FAT STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION! & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2002-001066 vs. VIC GEORGE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against VIC GEORGE, ("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 and a Certified Roofing Contractor, in the State of Florida, having been issued license numbers CG C.A23836 and CC C057010. 3. Respondent's last known address is 16280 NW 27" Avenue, Miami, Florida 33054, 4. At all times material hereto, Respondent was licensed as the qualifying agent for South Florida Remodeling & Building Corp. (hereinafter referred to as "Contractor"). 5. 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 ail 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 February 26, 2001, the Contractor entered into a written contract with Maria Acosta (hereinafter referred to as “Acosta”) to remodel her kitchen at 17150 NW 42% Place, Miami, Florida. Pursuant to the contract, the work to be performed included the replacement of three (3) windows, the removal and replacement of the kitchen cabinets and counter, and the installation of an extractor over the stove. 7. The contract price was Six Thousand dollars ($6,000.00). 8. Acosta obtained financing through Conseco Financing for the remodeling work. 9. The contract did not include a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 10. The contract included a ten (10) year guarantee. » 11. The Contractor failed to obtain a building permit to perform the contracted remodeling work. 12. The Contractor performed or attempted to perform the work called for by the contract. The Contractor’s work was performed negligently and/or was defective, as manifested by the fact that the cabinets became detached from the kitchen wall and ceiling and became damaged and by the fact that the kitchen drain pipe leaked. 13. Acosta notified the Contractor about these problems, but the Contractor failed to correct them. COUNTI 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count I. 15. Chapter 61G4-17.001(14)(a), Florida Administrative Code, states: Misconduct or incompetency in the practice of contracting as set forth in Section 489.129(1){n) !now 489.129(1)(m)], Florida Statutes, shall include, but is not limited to failure to honor a warranty. 16. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2000), by committing incompetency or misconduct in the practice of contracting. COUNT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count IT. 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes (2000), by proceeding on any job without obtaining applicable local building department permits and inspections. ‘ COUNT I 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count I. 20. Section 489.1425, Florida Statutes, provides: any agreement or contract for repair, restoration, improvement, or construction to residential reai property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(@), Florida Statutes (2000), by failing in any material respect to comply to with the provisions of this part or violating a rule or lawful order of the board. COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count IV. . 23. Based upon the foregoing, the Respondent violated Section 489.129(1)(n), Florida Statutes (2000), by committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property. 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 $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 S'S dayof_—s« Le cert , 2002. PATRICK CREEHAN CHIEF CONSTRUCTION ATTORNEY FILED Department of Business and Professional Regulation DEPUTY CLERK COUNSEL FOR DEPARTMENT: {_f. \ cere tard Machol Theodore R. Gay is) Vee 12-23 -2 Assistant General Counsel } DATE 002 _ Department of Business and Professional Regulation 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 376-1949 TRG/sb Case #2002-00 1066 ~ PcP yz flo! Qooz

Docket for Case No: 03-003356PL