STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT F. TOSCANO, )

)

Petitioner, )

)

vs. ) CASE NO. 80-2028

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, FLORIDA ELECTRICAL ) CONTRACTOR'S LICENSING BOARD, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Ocala, Florida before the Division of Administrative Hearings and its duly designated Hearing Officer, R. T. Carpenter, on January 28, 1981. The parties were represented by:

For Petitioner: Mr. Robert F. Toscano

Post Office Box 1563 Belleview, Florida 32620

For Respondent: Susan Tully, Esquire

Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

Petitioner seeks licensure as an electrical contractor by endorsement. Respondent denied Petitioner's request upon its determination that licensing standards of the State of Massachusetts (where Petitioner is currently licensed) do not meet the Florida requirements for licensure without examination. The issue is whether or not the Massachusetts standards under which the Petitioner obtained his license are equivalent to or more stringent than those of Florida so as to warrant grant of an electrical contractor's license by endorsement.

Proposed findings of fact were submitted by the parties. To the extent these proposed findings have not been adopted or are inconsistent with the findings herein, they have been specifically rejected as irrelevant or not supported by the evidence.

FINDINGS OF FACT

1. Petitioner graduated from a technical high school in Massachusetts and studied electricity at the Wentworth and Coyne Institutes. He served a three year apprenticeship and subsequently obtained the Massachusetts journeyman and master electrician licenses. He entered the electrical contracting business in 1960 and thereafter engaged in commercial, industrial, and residential electrical contracting work in Massachusetts. All projects were completed without default.

2. Petitioner moved to Florida one year ago intending to set up an electrical contracting business here. However, Respondent denied his application for licensure by endorsement and he has deferred his business plans until the licensing issue is resolved.

   
   

   CONCLUSIONS OF LAW

   
   

3. Respondent Florida Electrical Contractor's Licensing Board (Board) is established under Part II of Chapter 489, Florida Statutes (1979), and is authorized to issue certificates of competency to engage in electrical contracting on a statewide basis.

   
   

4. Section 489.511(9), Florida Statutes, requires the Board to adopt rules specifying procedures for licensure by endorsement of applicants who seek statewide certification and who have been licensed and are practicing in states which have licensing standards substantially similar to, equivalent to, or more stringent than, those of the State of Florida.

   
   

5. Pursuant to Section 489.511(9), the Board promulgated Rule 21GG-5.09, F.A.C., which provides that licensure by endorsement may be granted to an applicant who (1) currently possesses a statewide license as an electrical contractor in another state with licensing standards of credit, financial responsibility, and business reputation substantially comparable to those of Florida, and (2) has passed an examination comparable to that given by the Department of Professional Regulation in Florida.

   
   

6. Rule 21GG-5.04, F.A.C., sets forth the standards of credit, financial responsibility, and business reputation required to be met by an applicant for statewide certification in Florida. The items to be submitted by the applicant include; either a statement from a state-licensed bonding company or a financial reference from a responsible financial institution; a comprehensive financial statement prepared by a certified public accountant, or a signed financial statement accompanied by a recent notarized tax return of the applicant; a credit report; a completed list of electrical contracts currently underway by the applicant, plus a representative list of contracts completed in the three years immediately preceding the date of filing; and sworn answers to a series of questions regarding bonding, liens, tax liens, judgments, and bankruptcy.

   
   

7. Rule 21GG-6.01, F.A.C., sets forth the following areas of competency to be covered in the examination for certification: technical; business; and safety. The examination is administered by the Department of Professional Regulation.

   
   

8. The State of Massachusetts grants two types of statewide licenses for electricians: "Certificate A", a master electricians' license which is issued to any person, firm, or corporation engaged in or about to engage in the business of installing electrical wires, conduits, apparatus, fixtures, and other appliances; and "Certificate B", a journeyman's license which acknowledges that the applicant has passed a state electrical examination and is authorized to engage in the occupation of a journeyman electrician. Chapter 141, Section 3, Massachusetts General Laws. Petitioner holds both these licenses.

   
   

9. The licensing standards for an electrical contractor within Chapter 141, M.G.L., do not contain standards of credit, financial responsibility, and business reputation which an applicant in Massachusetts is required to meet prior to licensure as required by Rules 21GG-5.09, and 21GG-5.04, F.A.C.

10. The examination for certification in Massachusetts is conducted in accordance with Chapter 141, M.G.L. and consists of questions on the Massachusetts Electrical Code, electrical theory and practical electrical work.

    
    

11. Section 489.511(9), F.S., requires that the Board license by endorsement those applicants from states outside Florida which possess licensing standards substantially similar to, equivalent to, or more stringent than, those of the State of Florida. The purpose of this statutory provision is to allow applicants licensed by states with standards substantially comparable to Florida to be certified within Florida without examination. This process requires a comparison of the licensing standards of the particular state and those of the State of Florida in order to ascertain whether the standards are substantially comparable.

    
    

12. Here, such a comparison reveals that Massachusetts licensing requirements are not as stringent as those of Florida with respect to standards of credit, financial responsibility and business reputation. Therefore, Petitioner's request for licensure by endorsement must be denied.

    
    

13. It should be noted that these findings and conclusions do not relate to Petitioner's personal qualifications, which appear to be outstanding. Rather, Massachusetts licensing requirements, which are at issue here, are not sufficiently stringent to warrant the requested licensure by endorsement.

RECOMMENDATION

From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition of Robert F. Toscano for licensure as an

electrical contractor by endorsement be denied.

DONE AND ENTERED this day of March, 1981 in Tallahassee, Leon County, Florida.

R. T. CARPENTER Hearing Officer

Division of Administrative Hearings Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 6 day of March, 1981.

COPIES FURNISHED:

Susan Tully, Esquire Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

Mr. Robert F. Toscano Post Office Box 1563 Belleview, Florida 32620

Docket for Case No: 80-002028

Orders for Case No: 80-002028