O7-334VvPl STATE OF FLORIDA» DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ” Petitioner, vs. Case Nos. 2006-026118 2006-029658 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 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 seul 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 QBO0O 19300. 7 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. Case Number 2006-026118 6. On or about October 26, 2005, the Contractor entered into a written agreement with Roy Hitchman (hereinafter referred to as “Hitchman”) to re-roof Hitchman’s residence located 19120 NW 11" Avenue, Miami Gardens, Florida. 7. The contract price was Eleven Thousand Nine Hundred dollars ($11,900.00). 8. Hitchman made payments to the Contractor on or about the following dates and in the following amounts: October 27, 2005, Four Thousand Seven Hundred Sixty dollars ($4,760.00); October 28, 2005, Five Hundred Twenty dollars ($520.00), and December 19, 2005, Four Thousand Seven Hundred Sixty dollars ($4,760.00); for a total of Nine Thousand Five Hundred Twenty dollars ($9,520.00). 9. | The Contractor applied to the City of Miami Gardens building department for a building permit for the project. The application was approved and on December 7, 2005, building permit number RF2005-1348 was issued. 10. During the period from approximately October 28, 2005 to the first week of January 2006, 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 Hitchman, the Contractor failed to perform further work, thereby abandoning the project, and the contractor failed to obtain a passing final inspection for the project from the City of Miami Gardens building department. COUNT! 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count L 12. Based upon the foregoing, the Respondent violated Section 489. 129(1)Q), Florida Statutes (2004), 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 I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count IL 14. 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. Case Number 2006-029658 15, At all times material hereto prior to August 23, 2006, Ramon Eduardo Melendez (“Melendez”) was authorized by the Contractor to enter into contracts under the Contractor’s name. The Respondent and/or the Contractor knew or had reasonable grounds to know that, and sage in fact, Melendez was not duly licensed pursuant to Part I of Chapter 489, Florida Statutes, to practice construction contracting in the State of Florida. 16. Onor about February 8, 2006 the Contractor entered into a written contract with Vincenzo D’ Angelo (“D’ Angelo”) to replace the roof of, and to construct a wooden roof terrace at, D’ Angelo’s residence located at 490 W. 32™ Place, Hialeah, Florida. Melendez signed the contract on behalf of the Contractor. 17. The contract price was Eighteen Thousand Seven Hundred dollars ($18,700.00). 18. In furtherance of the project, on or about February 8, 2006 D’ Angelo made a payment of Nine Thousand Eighty dollars ($9,080.00) by check payable to Melendez. 19. The Contractor applied to the City of Hialeah for a building permit for the roof replacement work. The application was approved and on or about March 28, 2006 building permit number 2006-986-RF was issued. The Contractor did not obtain a building permit for the construction of the roof terrace. 20. During the period from approximately February 8, 2006 to March 5, 2006, work pursuant to the February 8, 2006 contract, including work by Melendez, was performed, but the project was not completed. Thereafter, and without just cause and notice to D’ Angelo, no further work pursuant to the February 8, 2006 contract was performed, and the project was abandoned. 21. In performing work on the project, Melendez was neither supervised by, nor an employee of, the Contractor. COUNT I 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fifteen through twenty one as though fully set forth in this Count TI. 23. Based upon the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (2005), 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 IV 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fifteen through twenty one as though fully set forth in this Count IV. 25. Based upon the foregoing, the Respondent violated Section 489. 129(1)(0), Florida Statutes (2005), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT V 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fifteen through twenty one as though fully set forth in this Count V. 27. Based upon the foregoing, the Respondent violated Section 489. 129(1)(d), Florida Statutes (2005), 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 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 corisumer, 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 ALS day of Coebruanix. , 2008, THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: ‘ . Theodore R. Gay F i i ia D . Assistant General Counsel Bepartment of Business and Professional Regulstto Department of Business and AGENCY CLERK Professional Regulation 8685 NW 53" Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 cterK Soro Zz . De mm oate_ 27 ele 200 1 TRG/sb Case #2006-026118 & 2006-02965 Diviges Found 01/23/07 ~Ivision I: Flaherty & W: Division I: De] Vecchio & Kane

Docket for Case No: 07-003348PL