D4A-So PL : : g oH STATE OF FLORIDA Tis BO 2p DEPARTMENT OF BUSINESS AND PROFESSIOX: TION CONSTRUCTION INDUSTRY LICENSING BO. DIVISION II i f fbi DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-09658 ROBERT L. BUBIER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT L. BUBIER, ("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, having been issued license number CA 036782. 3. Respondent's last known address is 116 North East Street, Lake Worth, Florida, 33460. 4. At all times material hereto, Respondent was licensed to qualify New Life Air Conditioning, Inc. ; 5. Section 489.1195(a), Florida Statutes, provides that all primary qualifying agents en a CREE RE RTT RET RE TRE ae RR ng 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 May 16, 2000, Respondent, doing business as New Life Air Conditioning, Inc., contracted with Mary Ann Stark (hereinafter “Stark”), for the installation of a new 3.0 ton roof top package air conditioning unit at Stark’s residence located at 5518 Ainsley Court, Boynton Beach, Florida. 7. The contract price was $2,150.00 and Respondent completed the project. Stark financed the air conditioning package through Independent Service Plan. 8. Respondent failed to obtain a permit for the project. 9. Stark discovered that the heat did not work and attempted to contact Respondent as the contract contained a two-year warranty on labor, however Respondent could not be reached. 10. Onor about December 4, 2000, Stark obtained another air conditioning company to repair the heat for $108.00, and the company found that the unit was not wired correctly. COUNT I 1t. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Ten as though fully set forth herein. 12. Based on the foregoing, the Respondent violated Section 489,129(1)(0), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT 13. Petitioner realleges and incorporates the allegations set forth in Paragraphs One 2 oer eee Soro oe through Ten as though fully set forth herein. 14. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting, by failing to honor a warranty. 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 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 kées day of See , 2001. FILED Department of Business and Professional Regulation DEPUTY CLERK cen rand Michele DATE / -6-200\ POW Hmm or

Docket for Case No: 02-000396PL