(9-775 TPL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2001-08320 vs. VIC GEORGE, Respondent. / ev 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 CA23836 and CC C057010. 3. Respondent's last known address is 16280 NW 27" Avenue, Miami, Florida 33054. 4, From July 20, 1994 until May 16, 2001, and 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 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 July 15, 2000, the Contractor entered into a written contract with Marie Pierre-Louis (“Customer”) for the installation of a four (4) ton a/c unit, including the installation of vents in all rooms, at the Customer’s residence at 1021 NE 152" Terrace, North Miami Beach, Florida. 7. The contract price was Five Thousand, Five Hundred dollars ($5,500.00), which the Customer paid in full. 8. The contract did not include a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 9. The contract included the handwritten term, “10 YEAR WARR,” and the contract also included preprinted language to the effect that the Contractor, at the Contractor’s sole cost and expense, would furnish labor to remedy defective labor appearing within one year of completion of the work. 10. The Contractor hired an unlicensed air conditioning subcontractor named Tito to perform the work called for by the contract. On or about July 15, 2000, Tito installed the a/c unit and vents, and in doing so damaged the Customer’s roof where the vents were installed. A few days later water began to leak from the vents and the house was not getting coo. 11. After several weeks of leaking, a portion of the Customer’s ceiling fell. 12. The Customer notified the Contractor of the problems, but the Contractor failed to perform any repairs. 13. The Contractor contracted to perform work beyond the scope of the Respondent’s license. 14. The Contractor knew or had reasonable grounds to know that Tito was not a licensed air conditioning contractor. COUNTI 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though filly set forth in this Count I. 16. Chapter 61G4-17.001(14), Florida Administrative Code, states: Misconduct or incompetency in the practice of contracting as set forth in Section 489.129(1)(n) [now Section 489.129(1)(m)], Florida Statutes, shall include, but is not limited to failure to honor a warranty. 17. Based upon the foregoing, the Respondent violated Section 489.129(1)an), Florida Statutes (2000), by committing incompetency or misconduct in the practice of contracting. COUNT 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though filly set forth in this Count Ul. 19. Section 455.227(1)(0), Florida Statues, provides: practicing or cffering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform is grounds for which disciplinary actions may be taken. 20. Based upon the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (2000), by violating any provision of Part I of chapter 455. COUNT If 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count HI. 22. Section 489.1425, Florida Statutes, provides: any agreement or contract for repair, restoration, improvement, or construction to residential real 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. 23. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), 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 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count IV. 25. Based upon the foregoing, the Respondent violated Section 489. 129(1)(d), Florida Statutes (2000), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. WHEREFORE, Petitioner respectfully requests the Construction Indust-y 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_;) ““\__ day of (Marth 20063 FILED Department of Business and Professional Regulation DEPUTY CLERK MW . \ CLERK Prardn ichele CHIRe CONSTRUCTION ATTORNEY DATE 3-\7-2003 | COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation are 95.2003 8685 NW 53" Terrace, #100 r pop Foun : February 25, Miami, FL 33166 0 kT . Paul DelVecchio & Robert Husband (305) 470-6783 TRGisb PCP Found: February 25, 2003 Div I: Case #2001-08320 Jacuqueline Watts & Susan Stokes

Docket for Case No: 03-003357PL