Deputy Agency Clerk STATE OF FLORIDA Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pe 2/4/2013 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-021628 JOHN L. GEORGE, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Divisions I & II, against John L. George (“Respondent”), and alleges: 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. At all times material hereto, Respondent was licensed as a Certified General Contractor and Certified Roofing Contractor in the State of Florida, having been issued license numbers CGC 1513360 and CCC 1328132. 3. Respondent's address of record is 615 Lake Clark Place, Lakeland, Florida. 4. At all times material hereto, Respondent was the primary qualifying agent of George & Associates Contractors, Inc., (“George & Associates”). 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 February 14, 2012, Windsor Mellode Romeo (“Complainant”) entered into a written contract with Climmie Hill (‘“Hill”) for renovations to Complainant’s residence located at 6523 N.W. Chugwater Circle, Port St. Lucie, Florida. 7. The total contract price, including subsequent change orders, was approximately $12,300.00, of which Climmie Hill accepted approximately $6,500.00. 8. On or about March 7, 2012, Respondent d/b/a George & Associates (applied for and/or obtained) permit number 12-02986 from the City of Port St. Lucie Building Department for the renovation of Complainant’s residence. 9. Respondent did not have a contract with Complainant to perform the work specified in permit number 12-02986. 10. At no time material hereto was Climmie Hill registered to engage in the practice of construction contracting in the State of Florida pursuant to chapter 489, part I, Florida Statutes. 11. Respondent knew or had reasonable grounds to know that Climmie Hill was not certified or registered to engage in the practice of construction contracting in the State of Florida pursuant to chapter 489, part I, Florida Statutes. 12. Climmie Hill performed construction work pursuant to the contract under the permit applied for and/or obtained by Respondent. 13. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through 12 as though fully set forth herein. 14. Based upon the foregoing, Respondent violated section 498.129(1) (d), Florida Statutes (2011), by performing an act which assists a person or entity in engaging in the prohibited uncertified and unregistered 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 $10,000 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 22™ day of January, 2013. KEN LAWSON, Secretary Department of Business and Professional Regulation By: Thomas H. Campbell Thomas H. Campbell Assistant General Counsel Florida Bar No. 71589 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile Probable Cause Found 01/22/2013 Division II: Lenois/Bailey Division I: Hussey/Kalmanson NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to section 455.:227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 13-002259PL