Mar 6 2008 14:14 aa/@6/ 2888 14:56 8589219186 DEPR PAGE 83/86 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . Case No. 2007-022550 v. GEORGE MICHAEL STARKS, d/b/a Professional Service Associates, Inc., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GEORGE MICHAEL STARKS, ("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 Genera] Contractor in the State of Florida, having been issued license number CG (57352. 3. Respondent's last known address of record is 1251 Seminola Blvd., Suite 200, Casselberry, Florida 32707; and 377 South Moss Road, Winter Springs, Florida 32708. A. On or about December 31, 2005, Daniel Badran (“Badran”) d/b/a White Cross Construction (“WCC”) entered into a contract with Leonard Kaplan ("Complainant") to remodel Complainant’s residence located at 1080 Howell Branch Road, Winter Park, Florida 33789, | Mar 6 2008 14:14 03/86/2889 14:56 9599219186 DEPR PAGE 84/86 4. The total contract price was $106,000.00, of which Complainant paid WCC a total of $400,954.46 toward the project. 6. On or about April 17, 2006, Respondent applied for and obtained a Orange County Building Division permit for the project. 7. At no time material hereto was Badran licensed, registered, or otherwise qualified to practice contracting in the State of Florida, . 8. Respondent knew or had reasonable grounds to know that Badran was neither licensed nor registered to practice contracting in the State of Florida. COUNT I 9, Petitioner realleges and incorporates the allegations sct forth in paragraphs 1 through 8 as though fully set forth herein. 10. Section 489,127(4)(c), Florida Statutes, provides in part that a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. . 1. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board, by having violated Section 489.127(4)(c), Florida Statutes. Mar 6 2008 14:14 aa/@6/ 2888 14:56 8589219186 DEPR PAGE 85/86 COUNT I 12. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 8 as though fully set forth herein, 13. Based on the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing any act which assists a person or entity in. engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. . COUNT Ti 14, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 8 as though fully set forth herein. 15, Based on the foregoing, Respondent violated Section 489.129(1}(m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing ‘Board enter an Order imposing one ot more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal. of the cettificate or registration, require financial restitution to a consumer, impose an administrative fine not-to exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delirieated 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. Mar 6 2008 14:14 aa/@6/ 2888 14:56 8589219186 DEPR PAGE 86/86 , ror Signed this Z2" dayof_ sZ dz January 22, 2008 PC Found: n & Wilford Q) \ At KS. M\ tel A wa (aa A. Harrington C) Assistant General Counsel Div. i: Kalmanso! COUNSEL FOR DEPARTMENT: Tiffany A, Harrington Assistant General Counsel FBN 26202 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 Case #: 2007-022550 *

Docket for Case No: 08-001145