Jun 6 2006 14:27 66/86/2886 14:18 8589219186 DEPR PAGE 3/11 } ) STATE OF FLORIDA es DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs, Case No. 2005-058702, 2005-060340 GEORGE RAC IV, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GEORGE RAC IV, ("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 Specialty Contractor, in the State of Florida, having been issued license number SCC 13050663, currently active, 3. Respondent's last known addresses are 15349 80" Drive North, Palm Beach Gardens, Florida, 33418. 4, At all times material hereto, Respondent was acting as the licensed qualifier for Unique Screens, Inc. 5. Unique Sereens, Inc, is registered as a qualified business, having been issued OB # 42790, currently active. Jun 6 2006 14:27 66/86/2886 14:18 8589219186 DEPR PAGE @4/11 | ) FACTS PERTAINING TO CASE #2005-058702 6. On or about November 12, 2004, Respondent contracted with Brad Brackney to replace a screened enclosure atound the pool at his residence located at 9266 Olmstead Drive, Lake Worth, Florida, 33467, 7. The contract price was $9,635.00, of which Mr, Brackncy paid $3,211.00 to Respondent on or about November 12, 2004, as a thirty three percent (33%) deposit. 8. On or about April 4, 2005, Respondent obtained permit # B05015522 from the Palm Beach Building Department. 9. Respondent abandoned the contract by failing to complete any work on the project. ' | 10, As Respondent failed to perform any of the contracted work despite being paid 33% of the contract price, the percentage paid on the contract exceeded the percentage of the contractual work done by Respondent at the time of Respondent’s abandonment. 11. Despite failing to commence work on the project, Respondent did not refund any of the money to Mr. Brackney. 12. Asa result of Respondent’s abandonment, Mr. Brackney has sustained financial harm amounting to at least $3,211.00. COUNT I 13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as fully set forth herein. 14. Based on the foregoing, Respondent violated Section 129(1)(j), Florida Statutes, 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 Jun 6 2006 14:27 66/66/2686 14:18 8589219186 DEPR : PAGE 5/11 ; ) Proj ect 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 TH 15. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as fully set forth herein, ) 16. -Based on the Foregoing, Respondent violated Section 489.129(1)(g)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned ‘a customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as the of the time of abandonment, uniess the contractor is entitled to retain such funds under the terms of the contract or refunds the excess finds within 30 days after the date the job is abandoned, COUNT II 17. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as fully set forth herein. 18. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting, FACTS PERTAINING TO CASE # 2005-060340 19. On. or about June 25, 2005, Respondent contracted with Fiona Schirrmacher to construct a screened enclosure around the pool at her residence located at 12377 71" Place North, West Palm Beach, Florida, 33412. 20, The contract price was $7,948.00, of which Mrs. Schirmmacher paid $2,649.00 to Respondent on or about June 25, 2005, as a thirty three percent (33%) deposit. Jun 6 2006 14:28 66/86/2886 14:18 8589219186 DEPR PAGE 46/11 ? ) 21. On or about August 5, 2005, Respondent applied for a permit, but it was ultimately issued to Florida Screen Inc., on August 17, 2005, after Mrs. Schinmacher was informed by Respondent that Unique Screens Inc. was going out of business. 22, Respondent abandoned the contract by failing to complete any work on the project and informing’ Mrs. Schitrmacher in writing in a letter dated August 8; 2005, that his business was closing and that Mrs. Schirmacher would informed of how to file a claim for her deposit . 23, As Respondent failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractial work done by Respondent at the time of Respondent’s abandonment. 24, Despite failing to commence work on the project, Respondent did not refund any of the money to Mrs. Schirrmacher. 25, As a result of Respondent’s abandonment, Mrs. Schirrmacher has sustained financial harm amounting to at least $2,649.00. COUNT Iv 26.- . Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and nineteen through twenty-five as fully set forth. herein. ‘27, Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, 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 ot without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days, COUNT V Jun 6 2006 14:28 66/86/2886 14:18 8589219186 DEPR PAGE 7/11 28. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and nineteen through twenty-five as fully set forth herein. 29. | Based on the Foregoing, Respondent violated Section 489.129(1)(2\(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a eustomer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as the of the time of abandonment, unless the contractor is entitled to retain such funds under the tertns of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT VI 30. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and nineteen through twenty-five as fully set-forth herein. 31. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 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. Jun 6 2006 14:28 66/86/2886 14:18 8589219186 DEPR ) ) Signed this AU’ day of Aprat , 2006, JE J. KELLY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: F | L F D Department of Business and Professional Regulation Jeffrey Kelly ; " AGENCY CLERK Assistant General Counsel Department of Business and Professional Regulation. 1940 North Monroe Street CLERK Sou od, r4 . (WJouduy mn Northwood Centre ~~ - ¥ -2 COls Tallahassee, FL 32399-2202 DATE, JIK/IT Case # 2005-058702; 2005-060340 PC Found: April 25, 2006 Division Ii: Flaherty & Pletanza PAGE 8/11

Docket for Case No: 06-001991PL