FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK —_Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] pete 4416/2015 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2014-033690 JACOB SIMON BRUNELLE, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Construction Industry Licensing Board, Division H, against Jacob Simon Brunelle (Respondent), and alleges: 1. Petitionet 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. At all times material hereto, Respondent was licensed as a Certified Air-Conditioning Contractor in the State of Florida, having been issued license number CAC 1814583. 3. Respondent's address of record is 12625 Shirley Oaks Drive, Jacksonville, FL. 32218. 4. At all times material hereto, Respondent was the primary qualifying agent of Frenchy’s Heating, Air Conditioning and Refrigeration, Inc. 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. 6. On or about May 7, 2014, Respondent d/b/a J-Tech Heating and Air Conditioning, LLC, (-Tech) entered into a written contract for compensation with David Mankus (Complainant) to replace an air-conditioning unit at 9951 Atlantic Boulevard, Jacksonville, FL 32225. 7. The total contract price was approximately $38,890.00, of which Respondent d/b/a J-Tech accepted $20,000.00. 8. Respondent ceased work and failed to perform any work under the contract for a period of greater than 90 consecutive days without just cause. 9. At the time Respondent ceased work under the contract, the percentage of completion was less than the percentage of the contract price paid to J-Tech by Complainant. 10. Respondent was not entitled under the contract to retain the excess funds paid by Complainant, and to date has not refunded the excess funds. 11. Atno time material hereto was Respondent properly licensed to act in the capacity of a construction contractor under the name J-Tech. COUNT ONE 12. ‘Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein. 13. Based upon the foregoing, Respondent violated section 489.129(1)q), Florida Statutes (2013), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT TWO 14. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein. 15. Based upon the foregoing, Respondent violated section 489.129(1)(g)2., Florida Statutes (2013), by committing financial misconduct by abandoning a costumer’s job while the Respondent Jacob Simon Brunelle 2 DBPR Case Number 2014033690. percentage of completion is less than the total contract price paid to the contractor as of the time of abandonment. COUNT THREE 16. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein. 17. Based upon the foregoing, Respondent violated section 489.129(1) (f), Florida Statutes (2013), by acting in the capacity of a construction contractor under a name other than the one set forth on Respondent's license. WITEREFORE, 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 $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any ot all penalties delineated within section 455.227(2), Florida Statutes, and/or any other telief that the Board is authorized to impose pursuant to chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) Respondent Jacob Simon Brunelle 3 DBEPR Case Number 2014033690 Signed this 27" day of October, 2015. KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/ Mark Steven Miller Mark Steven Miller Deputy Chief Attorney Florida Bar No. 0653020 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL. 32399-2202 (850)488-0062 Telephone (850)921-9186 Facsimile Probable Cause Found 10/27/2015 By: Cobb/ Watts Respondent Jacob Simon Brunelle DBPR Case Number 2014033690 NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be further advised that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be 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 if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. Any request for an administrative proceeding to challenge or contest the charges contained in the Administrative Complaint must conform to cule 28-106.2015, Plonda Administrative Code. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 17-000397PL