Department of busines und Profeastonnl Reyulacion Daputy Aganey Clerk TLERK Brandon Nichols Duley 5114/2009 Filo # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION IT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2008-047009 STEVEN JAY KOEHNLEIN D/B/A A.R.B.A.S, AIR CONDITIONING Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against STEVEN JAY KOEHNLEIN (“Respondent”) D/B/A A.R.E.A.S. AIR CONDITIONING (“AREAS”) and says: 1. Petitioner is the state agency charged with regulating the practice of gontracting 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 jicense number CA C1813553, which is currently current and active. 3. Respondent's address of record is 8500 Belcher Road, Pinellas Park, Florida 33781. qa \OGCprendlemun\ACe\Koehntein2998-0470091{0).(m)I.doe BG/ER aD" sda Fe: ST O02 6T [nc 98TbTcbese ET+ST Tae /6T/4a 4. At all times material hereto, Respondent was the primary qualifying agent for AREAS, which has not been issued a certificate of authority. 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 August 25, 2006, Miriam Noon (“Complainant”) entered into a contract with AREAS to perform air conditioning work at 1820 Patlin Circle &., Largo, Florida 33770. 7. The contract was written under the business name of AREAS 8. No permit was obtained for the project. 9, On or about September 4, 2006, a building inspector for the City of Largo examined the air conditioning unit and noted that it was inadequately installed. 10. To date, Respondent has failed to provide any amount of restitution to Complainant. COUNT _ONE 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set G JOGC\prendleman\ACs\Koehalein2008-047009 L(o) (ay). doe ; 2 Ba/Pa SSK dad Se:9T O02 6T [1c 98TbTcbese ET+ST Tae /6T/4a 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 business organization must apply for a certificate or authority through a qualifying agent and under the fictitious name. 13. Based on the foregoing, Respondent violated section 489.129(1) (i), Plorida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.119(2), Florida Statutes. COUNT TWO 14. 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) (0), Florida Statutes, by proceeding on a job without obtaining applicable local building department permits and inspections. COUNT THREE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. 17. RBule 61G4-17,001(m)2, Florida Administrative Code, GAQGC \prendleman\aCa\Koehnlein2008-047) 009[(o),(m)].doc 3 Ba/SA Fpvd wa Se:9T O02 6T [1c 98TbTcbese ET+ST Tae /6T/4a provides that misconduct or incompetency in the practice of contracting, shall include but is not limited to violation of any provision of Chapter 61G4, F.A.C., or Chapter 489, Part I., FYS, 18. Based on the foregoing, Respondent violated section 489,129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting as further defined under Rule 61G4-17.001(m)2, F.A.C. 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 restitution to a consumer, impose an administrative fine not to exceed $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. G\OGC \prendleman\aCs\K oehalein2008-047009](o).(an)].doe BA/98 Spd dad 98TbTcbese ET+ST Tae /6T/4a Se:9T O02 6T [1c Signed this , oe day of Cert , 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation gE By: Kyle 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 PC Found 04/28/09 Division Tf; Bailey/Lenois KDC/pnr G AOGC\prendieman\ACs\Koahnlein2008-04 7009 [Co),(m)].dog 5 BG/28 S5¥e ada SSIBTIZEUSe = EL:ST Blez/eT/29 Se:9T O02 6T [1c NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted in accerdance with Sections 120.569 and 120.47, 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. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (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 the matter. Pursuant to the 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 attorney's time, against the Respondent in addition to any other discipline imposed. G AOGC\prendleman\ACs\Kochnlein2008-047009[(0),(m)] doc 6 BB/8a Jovd dad 98TbTcbese ET+ST &Taé/6T fea Sé:9T O02 6T Inf

Docket for Case No: 10-005864