Mar 16 2009 10:51 aa/16/28e9 le:4g 8584146749 DEPR OGA PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II 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 KOBHNLEIN ("Respondent") and says: 1. | Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Flerida 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 61813553, 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 GAOGCAprendleman\ACs\Kochnlein2007-060552,489. 1 19(2),(m).doe j Mar 16 2009 10:52 aa/16/28e9 le:4g 8584146749 DEPR OGA PAGE @4/ae primaxy qualifying agent for Global Cooling and/or A.R.B.A.S. Air. At no time material hereto did Respondent possess a valid certificate of authority for Global or A.R.E.A.S Air. 3. 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 June, 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 replaced or repaired the compressor. 10, To date, Respondent has failed to provide any amount of restitution to Robertson, COUNT ONE 11. Petitioner realleges and incorporates the allegations GA\OGC\prendieman\a Cs\Kochnlein2007-060552,489. 119(2),(m).doc 2 Mar 16 2009 10:52 aa/16/28e9 le:4g 8584146749 DEPR OGA PAGE @5/@8 set forth in paragraphs one through ten as though fully set forth herein. 12. Section 489.119(2), Florida Statutes, provides in part that if the applicant proposés te engagé 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 4693, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489,119(2) (dad), Florida Statutes. COUNT TWO 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten 48 though fully set forth herein. 15. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetence oF mismanagement in the practice of contracting. WHEREFORE, Petitioner respectiully 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 GAOGCiprendleman\ACs\Koebnlein2007 20604 82,489.119(2).{m}.dot 3 Mar 16 2009 10:52 aa/16/28e9 le:4g 8584146749 DEPR OGA PAGE 86/88 restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per viclation, 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 483, Florida Statutes, and the rules promulgated thereunder. Signed this Zo day of Slow , 2008. PC Found: September 23, 2008 Div. JE: Bailey & Engelmeier ree 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 F | Department of Business and Professionat Regulation DEPUTY Mflidele —— DATE __ 8 ef GAOGC\prendleman\A Cs\Koehn lein2007-060552.489.119(2).(m).dac 4

Docket for Case No: 09-001351