sng OT. BBY TPL ° STATE OF FLORIDA "Sg Sipt Ox DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION AT y CONSTRUCTION INDUSTRY LICENSING BOARD e DIVISION I & II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. ; Case No. 2006-036697 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: OL 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 633 NE 167® Street, Suite 1004, North Miami Beach, Florida 33162. | 4. At all times material hereto, Respondent was licensed as the qualifying agent for One Stop Remodeling & Building Corp., a Florida corporation (hereinafter referred to as Contractor"). The Contractor has been issued qualified business organization certificate of authority number QB0019300. 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 7, 2005, the Contractor entered into a written agreement with Elvina Kendrick (hereinafter referred to as “Kendrick”) to re-roof Kendrick’s residence located at 1672 NW 116" Terrace, Miami, Florida. 7. The contract price was Six Thousand dollars ($6,000.00). 8. Kendrick made payments to the Contractor on or about the following dates and in the following amounts: July 28, 2005, Two Thousand Five Hundred dollars ($2,500.00); and August 24, 2005, Two Thousand Five Hundred dollars ($2,500.00); for a total of Five Thousand dollars ($5,000.00). 9. The Contractor performed or attempted to perform, but did not complete, the work called for by the contract. As a result of the Contractor’s operations, Kendrick’s kitchen was damaged, and Kendrick fired the Contractor. 10. On November 23, 2005 Kendrick filed a lawsuit against the Contractor in the County Court in and for Miami-Dade County, Florida, Case No. 2005-23397-CC-23. 11. Onor about February 8, 2006, the Miami-Dade County building department issued to Kendrick Uniform Civil Violation Notice number 979110 for a civil penalty of Five Hundred dollars ($500.00) plus a surcharge of Ten dollars ($10.00), for a total of Five Hundred Ten dollars ($510.00) for having re-roofing work done and a shed installed without a building permit. On or ; about April 3, 2006, the Miami-Dade County building department notified Kendrick that the violation which resulted in the issuance of Uniform Civil Violation Notice number 979110 had not been corrected, that the $510.00 civil penalty and surcharge had not been paid, that there was an accrued penalty of Ten Thousand dollars ($10,000.00), and that unless payment of the total amount due of Ten Thousand Five Hundred Ten dollars ($10,510.00) was received and the violation was corrected within 30 days, a lien would be placed on Kendrick’s residence. 12. Onor about February 17, 2006 Kendrick submitted an application to the Miami- Dade County building department for a building permit for the shed on Kendrick’s property. The application was approved and on or about April 17, 2006 building permit number 2006070879 was issued. On or about September 22, 2006 the building department issued a passing final inspection for the shed. 13. Onor about August 3, 2006, the Contractor entered into a written agreement with Kendrick entitled “Stipulations For Settlement And Notice Of Voluntary Dismissal.” Per the terms of the agreement, Kendrick and the Contractor agreed in substance that Kendrick released Kendrick’s claims against the Contractor in exchange for the Contractor’s promises to (1) pay Kendrick Two Thousand One Hundred Fifteen dollars ($2,115.00); (2) apply for a building permit; (3) resolve the Ten Thousand dollar ($10,000.00) penalty insofar as that penalty related to Kendrick’s roof: (4) complete the job; (5) repair any leaks until a building permit was obtained, and (6) continue to honor all terms of the original signed contract. The agreement included the style of Kendrick’s lawsuit against the Contractor, and on or about September 6, 2006 it was filed with the court. 14. In accordance with the agreement, the Contractor paid Kendrick Two Thousand One Hundred Fifteen dollars ($2, 1 15. 00), and on or about August 11, 2006, the Contractor applied for a building permit; however, the Contractor failed to perform repairs, failed to pick up the building permit after the building permit application was approved on or about November 1, 2006, and failed to complete the project. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 16. Based upon the foregoing, the Respondent violated Section 489.129(1)(o), Florida Statutes (2004), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT IT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count II. 18. Section 489.126(2)(a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances.” . 19. _ Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2004), 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 IT ee 20. Petitioner realleges and incorporates the ¢ allegations set forth in paragraphs one through fourteen as though fully set forth in this Count IIL. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2004), by committing incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order irnposing 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 [tH day of ebro, _ 200g, THEODORE R. GAY ASSISTANT GENERAL COUNSEL —- FILED Department of Business and Professional Regulation? AGENCY CLERK _ PC Found 01/23/07 Division I: Flaherty & Watts Division I: Del Vecchio & Kane 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/ Case #2006-036697

Docket for Case No: 07-003347PL