STATE OF FLORIDA ANAS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, DS - | YAK PL Case No. 2003-085340 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 CA23836 and CC C057010, respectively. 3. Respondent's address of record is 16280 NW 27th Avenue, Miami, Florida 33054. 4. At all times material hereto, Respondent was licensed as the qualifying agent for One Stop Remodeling & Building Corp. (hereinafter referred to as "Contractor"). At all times material the Contractor was licensed as a qualified business organization, having been issued certificate of authority number QB 0019300, which became delinquent for non-renewal on August 31, 2003. 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 November 8, 2002, the Contractor entered into a written agreement with Chanel Gutierrez (herein after referred to as “Gutierrez’”) to remodel Gutierrez’s house located at 214 NW 5” Avenue, Dania Beach, Florida. 7. The contract price was Eight Thousand Two Hundred Fifty dollars ($8,250.00). 8. The contract did not contain a notification of the homeowner’s rights available under the Construction Industries Recovery Fund. 9. Pursuant to the contract, from June 9, 2002, to February 25, 2003, Gutierrez paid a total of Three Thousand Six Hundred Five dollars ($3,605.00) to the Contractor. 10. On June 28, 2002, the Contractor applied for a building permit with the City of Dania Beach, Florida. The application was subsequently approved and building permit number B02-1059 was issued. 11. From approximately November 2002 to April 2003, the Contractor performed or attempted to perform, but failed to complete, the work called for by the contract. Thereafter, and without just cause and notice to Gutierrez, the Contractor failed to perform further work on the project, thereby abandoning the job. 12. Asa result of the Contractor’s abandonment of the project, Gutierrez had the project completed by others at additional expense. COUNTI 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. 14. Section 489.119(2)(d), Florida Statutes, provides inter alia that a certificate of authority must be renewed every 2 years. 15. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2002), 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 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count IT. 17. Based upon the foregoing, the Respondent violated Section 489.129(1)Q), Florida Statutes (2002), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT Ir 18. Petitioner realleges and incoporates the allegatioins set forth in paragraphs one through twelve as though fully set forth in this Count HI. 19. 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. 20. Based upon the foregoing, the Respondent violated Section 489.1 12(1)(i), Florida Statutes (2002), by failing in a 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 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 qo day of Aenteinbew , 2004. D0 . Ty | t Ve! Regus honize. Pe... G. peparnent ot UTY “i J - THEODORE R. GAY , L ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation 8685 NW 53” Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext, 2225 TRG{l Case #2003-085340 PC Found: September 28, 2004 Div |: Kalmanson & Burke Div Il: Watts & Blankenship Des J 94 94:95" po) Sarah Wachman PR ae Poe Caer WELiCe Ui tne LICT RECEIVED DEC 0 9 2004 DBPR Agency Clerk

Docket for Case No: 05-001498PL