Jun 22 2010 15:45 G6/22/2818 16:34 8589219186 DEPR PAGE 83/14 FILED apartment of Business and Profeslonnl Regulation AGENCY CLERK CLERK Evette L Proctor Date 5/18/2010 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2009-011393 JORDAN TAL KOHN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JORDAN TAL KOHN ("Respondent") and says: l. 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, a certified general contractor (license number CGC 1509917) in the State of Florida, 3. Respondent’s addresses of record are 5805 $.W. 2lst Street, Hollywood, Flerida 33023 and 2588 N.E. 12th Terrace, Pompano Beach, Florida 33064. 86/22/2818 Jun 22 2010 15:45 16:34 8589219186 DEPR 4, From October 12, 2005 to January 16, 2003, Respondent was the licensed primary qualifying agent for IGK Design Group, Ince, 3. 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 ox about December 5, 2007, Respondent, doing business as IGK Design Group, Inc,, entered into a contract with Seth Marciniak (“Marciniak”’) to remodel a bathroom in Marciniak’s residence located at 203 Wimbledon Lake Drive, Plantation, Florida. 7, The contract price for the project was $6,800.00. B. 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. 9. The scope of work outlined in the contract required a building permit from the local building department. 19. On or about December 5, 2007, Mareciniak paid PAGE @4/1a 66/22/2818 Jun 22 2010 15:45 16:34 8589219186 DEPR Respondent $6,800.00, or one hundred percent (100%) of the contract price. 11. Respondent failed to apply for the permits necessary to begin construction of the project within thirty (30) days of receiving $6,800.00, or one hundred percent (100%) of the contract price. 12. In or about January 2008, Respondent commenced work on the project without obtaining the requited building permit from the local building department, COUNT _T 13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as theugh fully set forth herein. 14. Seetion 489.1425(1), Florida Statutes, states that any agreement or contract for repair, restoration, improvement ox construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00, 15. 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 PAGE 85/18 86/22/2818 Jun 22 2010 15:45 16:34 8589219186 DEPR violated Section 489.1425(1), Florida Statutes. COUNT IT 16. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 17. Section 489.126, Florida Statutes, provides that a contractor who receives, as initial payment, money totaling more than ten percent (108%) of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the payment ig made, except where the work does 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. 18. 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 Chapter 489, Part I, Florida Statutes, by having violated Section 489.126, Florida Statutes. COUNT TIT 19. Petitioner re-alleges and incorporates the allegations set forth in paragraphe one through twelve as though fully set forth herein. PAGE 46/18 86/22/2818 Jun 22 2010 15:45 16:34 8589219186 DEPR 20. Based on the foregoing, Respondent violated Section 489.129(1) (0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT IV 21. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 22. Rule 6164-17.001(1) (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 61¢4, F.A.C., or Chapter 489, Part I., F.S. 23. Based on the foregoing, Respondent violated section 489,.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting as further defined under Rule 6164-17,001(1) (m)2, F.A.C. WHEREFORE, Fetitioner 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, PAGE @7/1a 86/22/2818 Jun 22 2010 15:45 16:34 8589219186 DEPR 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. Signed this a7 day of _ April , 2010 CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation By: @. Coats Brian Patrick Coats Assistant General Counsel, Florida Bar No, 0829811 Department of Business and Professional Regulation Office of the General Counsel 1240 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimila PC Found 04/27/2010 Members: Del Vecchio/Cox ae/1a 86/22/2818 Jun 22 2010 15:45 16:34 8589219186 DEPR NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted in accerdance with Sections 120.569 and 120.57, Florida Statutes, to he 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 ifia hearing is requested. Rule 29-106,111, Florida Administrative Code, provides in part that if Respondent falls to request a hearing within twenty-one (21) daya 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 hag incurred costs related to the investigation and prosecution of this matter, Pursuant to 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 an attorney's time, against the Respondent in addition to any other discipline imposed. PAGE 89/14

Docket for Case No: 10-003404PL