FLORIDA DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER Fi L ED CHIEF FINANCIAL OFFICER STATE OF FLORIDA “UN: 1 5 IN THE MATTER OF: ' @ooks : CASE NO.: 81176-05-FM JOHN FREITAG, Qualifier, / ADMINISTRATIVE COMPLAINT TO: JOHN FREITAG, Qualifier ATOZ FIRE — 4017 West Osborne Avenue #5 O 5 S| { q { Tampa, Florida 33614 JOHN FREITAG, Fire Equipment Dealer license LD # 95239600011996, and A TO Z FIRE, are hereby notified that the Chief Financial Officer of the State of Florida, acting in the capacity of State Fire Marshal, or his designee, has caused to be made an investigation of their activities while certified as a Fire Equipment Dealer Class C in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 633, Florida Statutes, JOHN FREITAG, is currently licensed in this state as a Fire Equipment Dealer Class C, License No. 95239600011996, and is the sole Qualifier for A TO Z FIRE. 2. Pursuant to Chapter 633, Florida Statutes, the Chief Financial Officer, as State Fire Marshal, and the Department of Financial Services (hereinafter “Department”) have jurisdiction over the certificate and eligibility for licensure and permitting of A TO Z FIRE, and JOHN FREITAG, as Qualifier. 3. Pursuant to Section 633.061(2), Florida Statutes, a Portable Extinguisher Permittee can perform work permitted only under the class of license held by the licensee under whom the permittee is working. 4. Pursuant to Section 633.061(4)(a), Florida Statutes, no one that is being trained shall perform work requiring a permit unless an individual possessing a valid and current fire equipment permit for the type of work performed is physically present. COUNT I 5. The above General Allegations are hereby realleged and fully incorporated by reference herein. 6. On or about November 8, 2004, the Department conducted an investigation of A TO Z FIRE’s business facility. 7. During this investigation, two employees of A TO Z FIRE, Joel Ramos and Dashon Starks, were witnessed performing a six (6) year maintenance on a portable fire extinguisher. Neither of these individuals held a Portable Fire Extinguisher Permit on the above date. 8. Upon completion of the six (6) year inspection on the portable fire extinguisher, Mr. Ramos and Mr. Starks placed a service tag on the portable extinguisher that listed Lynn Rios, a Portable Fire Extinguisher Permitee of A TO Z FIRE, as the servicer of the fire extinguisher. 9. Neither JOHN FREITAG or Lynn Rios were present while Mr. Ramos and Mr. Starks conducted the inspection and serviced the portable fire extinguisher in question. 10. JOHN FREITAG allowed Dashon Starks and Joel Ramos to service a portable fire extinguisher without the direct supervision of a permitee. ll JOHN FREITAG allowed Dashon Starks and Joel Ramos to complete the service tags on a portable fire extinguisher utilizing Lynn Rios’ Portable Fire Extinguisher Permit number. ITIS THEREFORE CHARGED that A TO Z FIRE, and JOHN FREITAG, as Qualifer, have violated or are accountable under the following provision(s) of Chapter 633 Florida Statutes, and/or Rules of the Department of Financial Services that constitute grounds for the revocation of their licensure as a Fire Equipment Dealer Class C: (a) Each individual actually performing the work of servicing, recharging, repairing, hydrotesting, installing, testing, or inspecting fire extinguishers must possess a valid and subsisting permit issued by the State Fire Marshal. Permittees are limited as to specific type of work performed to allow work no more extensive than the class of license held by the licensee under whom the permittee is working. [Section 633.061(2)(b), Florida Statutes]. (b) No one that is being trained shall perform work requiring a permit unless an individual possessing a valid and current fire equipment for the type of work performed is physically present. [Section 633.061(4)(a), Florida Statutes]. (c) The violation of any provision of this chapter or any rule adopted and promulgated pursuant hereto or the failure to comply with any notice or order to correct a violation or any cease and desist order by any person who possesses a license or permit issued pursuant to Section 633.061 is cause for denial, nonrenewal, revocation, or suspension of such license or permit by the State Fire Marshal after such officer has determined that the person is guilty of such violation. [Section 633.162(1), Florida Statutes]. (d) —_ In addition to the grounds set forth in subsection (1), it is cause for denial, nonrenewal, revocation, or suspension of a license or permit by the State Fire Marshal if she or he determines that the licensee or permittee has while holding a permit or license, allowed another person to use the permit number or license number, or used a license number or permit number other than her or his valid license number or permit number. [Section 633.1 62(4)(d), Florida Statutes]. (e) Permittees must have a valid and subsisting permit upon their persons at all times while engaging in the servicing, recharging, repairing, testing, inspecting, or installing of fire extinguishers and pre-engineered systems. The permit must be produced upon demand. A permittee may perform only those services authorized under the licensee employing such permittee. [Rule 69A-21.103(8), Florida Administrative Code}. (f) A permit shall be valid solely for use by the holder thereof in his or her employment by the licensee under whose license the permit was issued. [Rule 69A-21.103(9), Florida Administrative Code]. COUNT II 12. The above General Allegations are hereby realleged and fully incorporated by reference herein. 13. Pursuant to Section 633.021(8), Florida Statutes, a Fire Protection System is “a system individually designed to protect the interior or exterior of a specific building, structure, or other special hazard from fire. Such systems include, but are not limited to, water sprinkler systems, water spray systems, foam-water spray systems, Carbon Dioxide systems, foam extinguishing systems, dry chemical systems, and Halon an other chemical systems used for fire protection use. Such systems also include any overhead and underground fire mains, fire hydrants and hydrant mains, standpipes and hoses connected to sprinkler systems, sprinkler tank heaters, air lines, thermal systems used in connection with fire sprinkler systems, and tanks and pumps connected to fire sprinkler systems.” 14. Pursuant to Section 633.021(23), a sprinkler system is “a type of fire protection system, either manual or automatic, using water as an extinguishing agent and installed in accordance with applicable National Fire Protection Association standards.” 15. Pursuant to Section 633.539(1)(a), Florida Statutes, it is unlawful for any organization or individual to engage in the business of a Fire Protection System Contractor or advertise itself as being a Fire Protection System Contractor without having been certified and holding a valid certificate. 16. Pursuant to Section 633.541(1), Florida Statutes, it is unlawful for any organization or individual to engage in the business of layout, fabrication, installation, inspection, alteration, tepair, or service of a fire protection system without having been duly certified and holding a valid and existing certificate. 17. Advertisements collected from A TO Z FIRE, during the course of the investigation referenced above, indicate Respondents’ ability to “inspect, test entire system and check all devises for performance” with respect to “Fire Sprinkler/Stand Pipes/Fire Alarms”, 18. Advertisements collected from A TO Z FIRE, during the course of the investigation referenced above, also indicate Respondents’ ability to conduct “annual inspection w/testing” with respect to “Fire Sprinkler or Fire Alarm Inspections”. IT IS THEREFORE CHARGED that A TO Z FIRE, and JOHN FREITAG, as Qualifer, have violated or are accountable under the following provision(s) of Chapter 633 Florida Statutes, and/or Rules of the Department of Financial Services that constitute grounds for the revocation of their licensure as a Fire Equipment Dealer Class C: (a) The violation of any provision of this chapter or any rule adopted and promulgated pursuant hereto or the failure to comply with any notice or order to correct a violation or any cease and desist order by any person who possesses a license or permit issued pursuant to Section 633.061 is cause for denial, nonrenewal, revocation, or suspension of such license or permit by the State Fire Marshal after such officer has determined that the person is guilty of such violation. [Section 633.162(1), Florida Statutes). (b) It is unlawful for any organization or individual to engage in the business of layout, fabrication, installation, inspection, alteration, repair or service of a fire protection system other than a preengineered system, act in the capacity of a fire protection contractor, or advertise itself as being a fire protection contractor without having been duly certified and holding a valid and existing certificate, except as hereinafter provided. [Section 633.541(1), Florida Statutes]. WHEREFORE, A TO Z FIRE, and JOHN FREITAG, as Qualifer, are hereby notified that the Chief Financial Officer of the State of Florida, acting in the capacity of State Fire Marshal, or his designee, intends to enter an Order revoking the licensure as a Fire Equipment Dealer Class C or to impose such penalties as set out in this Administrative Complaint. You are further notified that any order entered in this case revoking any certificates or eligibility for certification held by you shall also apply to all other licenses, certificates, and eligibility held by you under Chapter 633, Florida Statutes. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department no later than 5:00 p.m. on the twenty- first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY- ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) Areference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross- examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. Ifa proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the bases for the Department’s action, you must request an adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Financial Services. DATED and SIGNED this th gay of _ June , 2005. Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: A TO Z FIRE, and JOHN FREITAG, as Qualifer, 4017 West Osborne Avenue #5, Tampa, Florida 33614 by Certified Mail this 15th day of June ; 2005. CASIA R. SINCO, ESQ. Florida Bar Number 0616885 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Fl 32399-0333 (850) 413-4282 Attorney for Department

Docket for Case No: 05-004197