Nw YU fy , a fe) 3 by 4nkly, 2. | STATE OF FLORIDA hy Soy <3 | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION {47° CONSTRUCTION INDUSTRY LICENSING BOARD Gg Me | DIVISION DEPARTMENT OF BUSINESS AND OO Bold PROFESSIONAL REGULATION, | Petitioner, | vs. | Case No. 97-22100 EUGENE ANTHONY SAURINI, Respondent. | / ADMINISTRATIVE COMPLAINT | Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Boart, against EUGENE ANTHONY SAURINI, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursyant 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 Air Conditioning Contractor, in the State of Florida, having been issued license number CA C048069. 3. Respondent's last known address is 5122 Gulf Drive, New Port Richey, Florida 34652. 4, At all times material hereto, Respondent was the licensed qualifier for Toce Air ww] UY Conditioning and Heating, Inc. (hereinafter referred to as "Toce"). 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. Respondent has failed to obtain a qualified business license from the Board for Toce Air Conditioning and Heating, Inc. 7. Between March 1997 and June 1997, the Respondent performed one hundred and seven (107) air conditioning jobs in Citrus County without first obtaining permits. 8. On or about November 20, 1997, the Respondent received one hundred and seven (107) citations from the Citrus County Building Department. 9. To date, the Respondent has not obtained permits for forty eight (48) of the one hundred seven (107) jobs cited by the Citrus County Building Department. The following forty- eight (48) jobs still require permits: Address Citation Number 12097 Magnolia Street, Dunellon 201 36 Benson Place, Dunellon 203 34 South Masters Drive, Homasassa 214 23 Rebecca Court, Citrus Hills 215 6170 West Star Court, Homasassa 217 17 West Balsam Court, Homasassa 220 8 Blair Court, Homasassa 222 3 Clifford Drive, Beverly Hills 223 35 East Murray Street, Beverly Hills 224 29 Dogwood Drive, Homasassa 227 15 Byrsonima Circle, Homasassa 228 2311 North Page Avenue, Hernando 229 1173 South Palm Avenue, Crystal River 230 2835 South Jean Avenue, Inverness 231 2 WwW A Address Citation Number 8240 West Bavarian Street, Homasassa 232 8972 West Forest View Drive, Crystal River 233 1414 West Alex Lane, Citrus Springs 235 48 Hollyhock Court, Homasassa 236 2830 West Beamwood Drive, Beverly Hills 237 684 North Country Club Drive, Crystal River 239 5569 South Boulevard Drive 240 13 Lysiloma Court, Homasassa 241 10455 South Suncoast Boulevard, Homasassa 243 8705 North Torngat Point, Crystal River 244 66 South Lincoln Avenue, Beverly Hills 245 685 North Afterglow, Crystal River 246 2589 West Mesa Verde Drive, Beverly Hills 247 16 West Brysonimia Loop, Homasassa 248 4040 East Shorewood Drive, Hernando 251 7900 South Four Oaks Point, Floral City 252 9787 East Thomas Drive, Floral City 256 94 South J. Kellner Boulevard, Beverly Hills 257 29 Jamaica Court, Homasassa 265 7366 West Tall Pines Court, Crystal River 267 4947 East Stokes Ferry Road, Hernando 269 6506 East Mobile Street, Inverness 271 3895 West Catalpa Lane, Beverly Hills 272 976 South Candlenut Avenue, Homasassa 273 50 Pine Street, Homasassa 274 5509 South Stoneridge Avenue, Inverness 275 8933 West Forestview Drive, Crystal River 281 4 Esskay Street, Beverly Hills 289 7 East Fig Court, Homasassa 290 | 7588 West Starburst Lane, Homasassa 291 1235 Blue Bonnett Terrace, Inverness 292 9440 North Milam Way, Citrus Springs 298 7718 West Ariane Street, Homasassa 299 415 North Manor Way, Inverness 307 10... Onor about March 24, 1999, the Construction Licensing And Appeals Board for Citrus County, Florida, in case number LIL-99-176, entered a Final Order against Respondent suspending his permit-pulling privileges in Citrus County until such time that each outstanding permit has been issued and penalties and fees have been paid, and all required final inspections 3 ww Nv] conducted and approved. COUNT I - 11, Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count I. 12. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by being disciplined by any municipality or county for an act or violation of this part. COUNT It 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count II. 14. Based on the foregoing, the Respondeit violated Section 489.129(1)(n), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count IIL. 16. Based on the foregoing, the Respondent violated Section 489.129(1)(p), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT IV 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count IV. 18. Section 489.119 (2), Florida Statutes, provides that an applicant proposes to engage in contracting as a business organization, such as Toce, the organization must apply for a | U U certificate of authority through a qualifying agent. | 19. Rule 64G4-15.0021(1)(b), Florida Administrative Code, provides that a certificate issued to a business organization shall bear the name of the business organization, the address of the business organization, and the licensure number of the business organization. | 20. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lavef order of the board, including, as here, Section 489.119(2), Florida Statutes and Rule 64G4- 15,0021(1)0), Florida Administrative Code, by failing or refusing to obtain a qualified business or ganization licensure number for Toce. ! 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 registtation, 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 CO~P day of__ =< N&R, 1999. FILED Department of Business and Professional Regulation DEPUTY CLERK ca Pardo il oe Farell — Data _ ief Attorney LP. abfle/I7 | ; Couwadt ¥ Kau! por COUNSEL FOR DEPARTMENT: Ellen €. Marino Senior Attorney Department of Business and Professional Regulation 3725 West Grace Street, Suite 500 Tampa, Florida 33607 ECM/aen Case #97-22100

Docket for Case No: 00-002675PL