STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 98-22970 p 0 3023 ARTHUR S. KACHEL, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ARTHUR S. KACHEL, ("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 C033592. 3. Respondent's last known address is 4448 SW 51 Street, Fort Lauderdale, Florida, 33314. YU Y « 4, At all times material hereto, Respondent was the licensed qualifier for Airstream Mechanical, Inc., (hereinafter referred to as “Contractor"). 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. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. On or about July 27, 1998, the Contractor contracted with Patricia Johnson (hereinafter referred to as “Customer”) to install a central air conditioning system, attic insulation and a water heater at 12150 NW 20 Court, Plantation, Florida for Eight Thousand, Nine Hundred Ninety dollars ($8,990.00). 8. The Customer was informed by the Contractor’s salesman that she qualified for an energy saving program that would not cost her any money. 9. The Customer was asked to sign documents that would qualify her for the energy saving program. 10. The Customer unknowingly signed an application for a credit account and thereby paid the Contractor the full contract price with financing provided by Whirlpool. 11. Subsequent to the Contractor performing the work, the Customer discovered the unauthorized credit account. 12. | The Customer cancelled the unauthorized credit account and received a credit of the UW UY full amount. 13. The foregoing constitutes a misleading, deceptive or fraudulent representation made in the practice of contracting. 14. Section 455.227(1), Florida Statutes (1997), provides: “The following acts shall constitute grounds for which disciplinary actions specified in subsection (2) may be taken: (a) Making misleading deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.” 15. The Contractor violated the foregoing provision of Chapter 455, Florida Statutes. 16. Based on the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (1997), by violating any provision of Chapter 455. COUNT II 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seven through fifteen as though fully set forth in this Count II. 18. Section 489.1425, Florida Statutes, provides that: “(1) Any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining consumer rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.” 19, The Contractor failed to provide the Customer with written notice of consumer rights under the Construction Industries Recovery Fund. 20. ‘Failing to provide the Customer with written notice of consumer rights under the Construction Industries Recovery Fund constitutes a violation of Section 489.1425, Florida Statutes. WU ww] 21. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida | Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT 1 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through fifteen and eighteen through twenty as though fully set forth in this Count II. . 23. Section 489.119(2), Florida Statutes, provides: “If the applicant proposes to engage in business as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under a fictitious name, if ” any. 24, The Contractor failed to obtain a qualifying business certificate of authority. 25. Failing to obtain a qualifying business certificate of authority constitutes a violation of Section 489.119(2), Florida Statutes. 26. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. 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 UY ww) 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 COUNSEL FOR DEPARTMENT: Diane Snell Perera Senior Attomey Department of Business and Professional Regulation Office of the General Counsel 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 98-22970 2/4/00 DSP/ms 71 day of Afnit , 2000. Cathleen E. O’Dowd Lead Attorney La AKY v4 ray Now (PoP) Mareh AB, COO Division IL+ Suean Stores] Keith Lawson, FILED Department of Business and Professional Regulation DEPUTY CLERK pare 4 - 1S -ROOO

Docket for Case No: 00-003023PL