Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: STEVEN JAY KOEHNLEIN, D/B/A GLOBAL COOLING/A.R.E.A.S. AIR, INC.
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Oct. 31, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 10, 2008.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION IT
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Vv. Case No. 2007-060552
STEVEN JAY KOEHNLEIN
D/B/A GLOBAL COOLING/A.R.E.A.S, AIR, INC.
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT. OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner") files this Administrative Complaint
against STEVEN JAY KOEHNLEIN ("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 Air Conditioning Contractor, in the State of
Florida, having been issued license number CA €C1813553, which is
currently current and active.
3. Respondent's address of record is 8500 Belcher Road
907, Pinellas Park, Florida 33781.
4, At all times material hereto, Respondent acted as the
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primary qualifying agent for Global Cooling and/or A.R.E-A.S.
Air. At no time material hereto did Respondent possess 4 valid
certificate of authority for Global or A.R.E.A.S Air.
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. In dune, 2006, Charles Robertson (“Robertson”) entered
into a contract with Respondent to have a new air conditioning
compressor installed at 11736 Carrollwood Cove Drive, Tampa,
Florida 33624.
7. The contract included a five-year warranty.
8. Respondent completed construction, but in December,
2006, the compressor failed and Subject subsequently replaced
the compressor under the 5-year warranty.
9. The replacement compressor failed shortly after being
installed and Respondent has not successfully vreplaced or
repaired the compressor.
10. To date, Respondent has failed to provide any amount
of restitution to Robertson.
COUNT ONE
il. Petitioner realleges and incorporates the allegations
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set forth in paragraphs one through ten 45 though fully set
forth herein.
12. Section 489.119(2), Florida Statutes, provides in part
that if the applicant proposes to engage in contracting as a
business organization, the licensee must apply for certification
or registration under the fictitious name.
13. 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 Chapter 483, Part I,
Florida Statutes, or, violating a rule or lawful order of the
board, by having violated section 489.119(2)(d), Florida
Statutes.
COUNT TWO
44. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through ten as though fully set
forth herein.
15. Based on the foregoing, Respondent violated section
489,.129(1)(m), Florida Statutes, by committing incompetence or
mismanagement in the 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 of registration, require financial
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restitution.to a consumer, impose an administrative fine not fo
excead $10,000.00 per violation, require continuing education,
assess costs associated with the investigation and prosecution,
impose any or all penalties delineated within Section
455.227(2), Florida Statutes, and/or any other relief the Board
is authorized to impose pursuant to Chapter 455 and 489, Florida
Statutes, and the rules promulgated thereunder.
Signed this 22 day of , 2008,
PC Found: September 23, 2008
Div. Il: Bailey & Engelmeier yee
Kyle David Christopher
Assistant General Counsel
Florida Bar No. 40853
Department of Business and
Professional Regulation
Office of the General Counsel
1940 N. Monroe Street, Ste. 42
Tallahassee, FL 32399-220
(850) 488-0062 Telephone
(850) 921-9186 Facsimile
FILED
Henartment of Business and Professional Regulation
DEPUTY CLERK
amt h o 08
Pe a rere wrehitretn yn Lai ay
GAOGC\prendieman\a Ca\Kochnlein2007-060552,489, 119(2),(m).doc
Docket for Case No: 08-005465
Issue Date |
Proceedings |
Dec. 10, 2008 |
Order Closing File. CASE CLOSED.
|
Dec. 08, 2008 |
Petitioner`s Motion to Continue Hearing filed.
|
Nov. 17, 2008 |
Order of Pre-hearing Instructions.
|
Nov. 17, 2008 |
Notice of Hearing (hearing set for December 16, 2008; 9:30 a.m.; Tampa, FL).
|
Nov. 06, 2008 |
Unilateral Response to Initial Order filed.
|
Nov. 03, 2008 |
Initial Order.
|
Oct. 31, 2008 |
Election of Rights filed.
|
Oct. 31, 2008 |
Administrative Complaint filed.
|
Oct. 31, 2008 |
Agency referral filed.
|