May 11 2009 11:30 gs/11/2899 11:25 9589219196 DEPR PAGE 83/11 FILED . Gnparement of Busingss and Professional ReRulation ee — AGENCY CLERK CLERK = Sarah Wachmtan Date 3/16/2009 Fito # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD _ DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case Na. 2008-022804 JAMES T. AHRENS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JAMES T. AHRENS ("Respondent") and says: 1. Petitioner is the state agenéy charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent has been at all times material hereto, a Certified General Contractor in the State of Florida, having been issued license number CGC 13722 which is currently in “current inactive” status. . 3. Respondent’s address of record is 1412 NE 14° court Fort Lauderdale, FL 33304, GAOGC\Thomas Campbell\ Administrative Complaints\A hrens-AC-2008-022804(i,j,m).doc May 11 2009 11:30 5/11/2689 11:25 8589219186 DEPR PAGE 4/11 4. Respondent was the licensed qualifying agent for at Home Solutions, Inc. from May 16, 2005 |to August 12, 2008. 4. At all times material hereto, At Home Solutions, Ine. possessed a qualified business license (License No. QB 40370). 6. 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. 7. On or about June 7, 2007, Respondent doing business as At Home Solutions, Inc. entered into a contract with Mary Brown (“Brown”) to add an addition to her residence located at 1300 NW 55™ Ave, Lauderhill, FL 33313. 8. The contract price for the project was $59,250.00. 9. The contract failed to contain Respondent’s license number as required by Section 489.119(6) (b), Plorida Statutes. 10. The contract failed to contain a written statement explaining the homeowner’s rights under the Florida Homeowners’ Construction Recovery Fund as required by Section 489.1425(1), Florida Statutes. 11. On ox about June 13, 2007, Brown made a down payment of $39,290.00, ox approximately 45% of contract price ta At Home Solutions, Inc. GAOGC\Thomas Campbell\Administrative Compleints\Ahrens-AC-2008-022804(i,j.m).doc May 11 2009 11:30 @5/11/2889 11:25 8589219186 DEPR PAGE 5/11 12. Respondent failed to apply for the permits necessary to begin construction of the project within thirty (30) days of receiving $38,290.00, or approximately 45% of the contract price. 13. On or about July 7, 2007, Respondent and his partner went to Mary Brown’s home and went over some drawings of the proposed project. After this meeting, Mrs. Brown was unable to get into contact with Respondent. 14. Respondent failed to perform any further work on the project for a period greater than ninety (90) days. COUNT T 15. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein 16. Section 489.119(6) (b), Florida Statutes, provides in part that the registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 17. Based on the foregoing, Respondent violated Section 489.129(1) (1), Florida Statutes, by failing in any material fespect to comply with the provisions of this part or violating GAOGC\Thomas Campbell\Administrative Complaints\Ahrens-AC-2008-022804(i,j.m).doe May 11 2009 11:30 5/11/2689 11:25 8589219186 DEPR PAGE 86/11 a rule or lawful order of the board, by having violated Section 489.119(6) (b). COUNT IT 18. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully. set forth herein. 19. Section 489.1425(1), Florida Statutes, provides in part that any agreement or contract for vepair, restoration, improvement or construction must contain a written statement explaining the consumer’s rights under the recovery fund. 20. Baséd on the foregoing, Respondent violated Section 489.129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a xule or lawful order of the board, by having violated Section 489.1425 (1), Florida Statutes. COUNT JIT 21. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 22. Section 489.126, Florida Statutes, provides that a contractor who receives, as initial payment, money totaling more than ten percent (10%) of the contract price for repair, restoration, improvement, or construction to residential real GAOGC\Thomas Campbell\Administrative Complaints\A hrens-A.C-2008-022804(i,j.m).doc May 11 2009 11:30 @5/11/2889 11:25 8589219186 DEPR PAGE 7/11 property must apply for permits necessary to do work within 30 days after the payment is made, except where the work dees not require a permit under the applicable codes and ordinances unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits. 23. 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 this part or violating a rule or lawful order of the board, by having violated Section 489.126(2), Florida Statutes. COUNT IV 24. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 25. Based on the foregoing, Respondent violated section 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT _V 26. Petitioner re-alleges and incorporates the allegations GAOGC\Thomas Campbell\Administrative Complaints\Ahrens-AC-2008-022804(i,j,m).doc May 11 2009 11:31 5/11/2689 11:25 8589219186 DEPR PAGE 88/11 set forth in paragraphs one through thirteen as though fully set forth herein. 27. Rule 61G4-17.001(m) (2), Florida Administrative Code, provides that misconduct or incompetency in the practice of contracting, shall include but is not limited to violation of any provision of Chapter 6164, F.A.C., or Chapter 489, Part I.,- F.S. 28. 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 6164-17.001(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. GAOGC\Thomas Campbell\Administrative Complaints\Ahrens-A.C-2008-022804(i,j,m).doc May 11 2009 11:31 5/11/2689 11:25 8589219186 DEPR PAGE 89/11 Brian Patrick Coats Assistant General Counsel. Florida Bar No. 0829811 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2230 (850) 488-0062 Telephone (850) 921-9186 Facsimile Probable Cause Found 02-24-09 Division I: Evetts/Kane GAOGC\Thomas Campbell\Administrative Complaints\Ahrens-AC-2008-022804(i,j,m).doe

Docket for Case No: 09-002444PL