FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetie Lawson-Proctor Date 11/27/2017 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2017-019057 CILB GERARD ALSIEUX, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Gerard Alsieux (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating the practice of construction contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, Florida Statutes. 2. Petitioner has jurisdiction over the unlicensed practice of construction contracting pursuant to sections 455.227, 455.228, and 489.13, Florida Statutes. 3. At no time material hereto was Respondent duly registered or certified to engage in the practice of construction contracting pursuant to chapter 489, Florida Statutes. 4. At no time material hereto was Vac Vent, Inc. an entity properly qualified under the provisions of chapter 489, Florida Statutes. 5. Respondent’s last known address is 4086 Gulf Coast Drive, Hernando Beach, Florida 34607. 6. On or about March 13, 2017, Respondent, D/B/A Vac Vent, Inc., offered, contracted, or performed regulated construction contracting services, including but not limited to, HVAC services, at 2627 Berdetta Street, Leesburg, Florida 34748. 7. Respondent offered, contracted, or performed the regulated services at issue for compensation. 8. Section 489.13(1), Florida Statutes, provides “any person performing an activity requiring licensure under [chapter 489, part I, Florida Statutes] as a construction contractor is guilty of unlicensed contracting if he or she does not hold a valid active certificate or registration authorizing him or her to perform such activity...” 9. Based upon the foregoing, Respondent violated section 489.13(1), Florida Statutes, by performing an activity requiring licensure under chapter 489, part I, Florida Statutes, as a construction contractor without the requisite license. WHEREFORE, Petitioner requests that a Final Order be entered imposing one or more of the following: an administrative fine, assessment of costs related to the investigation, and/or any other relief the Department is authorized to impose pursuant to chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) Signed this 2"! day of November, 2017. JONATHAN ZACHEM, Secretary Department of Business and Professional Regulation By: /s/ Roger Maas Roger Maas Florida Bar No. 128296 Assistant General Counsel Office of the General Counsel Unlicensed Activity Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399 Ph: 850.717.1210 Fax: 850.921.9186 Roger.Maas@myfloridalicense.com Contact Information: Please call Robert Sears: (850) 717-1205/Roger Maas: (850) 717-1210 for more information PC Found: November 2, 2017 By: DBPR ASB 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 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 cali and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code, 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. 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: 18-000375