et en ER A Gy lier Oo &% 8, Vy aad gy N ‘ e (Le Ue: “) { DEPARTMENT OF FINANCIAL SERVICES” yp oF WUE D (a, rv oy Kon ze 2004 ToM GALLAGHER CHIEF FINANCIAL OFFICER Docketed by. IN THE MATTER OF: UNITED FIRE PROTECTION, INC., CASE NO.: 75759-04-FM and RANDALL E. SMITH, Qualifier ADMINISTRATIVE COMPLAINT TO: RANDALL E. SMITH, Qualifier UNITED FIRE PROTECTION, INC., 137 Concord Drive, Suite 1101 Casselberry, Florida 32707 RANDALL E. SMITH, license 1.D. #87855600012002, and UNITED FIRE PROTECTION, INC., are hereby notified that the Chief Financial Officer of the State of Florida, in his capacity as State Fire Marshal, has caused to be made an investigation of your activities while certified as a Fire Protection System Contractor II in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 633, Florida Statutes, RANDALL E. SMITH, is currently certified in this state as a Fire Protection System Contractor III (07-13), and is the Qualifier for UNITED FIRE PROTECTION, INC., pursuant to Chapter 633, Florida Statutes. 2. Pursuant to Chapter 633, Florida Statutes, the Chief Financial Officer, as State Fire Marshal, and the Department of Financial Services (hereinafter “Department”) have jurisdiction over the certificate and eligibility for certification of UNITED FIRE PROTECTION, INC., and RANDALL E. SMITH, as Qualifier, pursuant to Chapter 633, Florida Statutes. 3. Pursuant to Section 633.521, Florida Statutes, a Fire Protection System Contractor III is required at all times to maintain insurance providing coverage for comprehensive general liability for bodily injury and property damages, products liability, completed operations and contractual liability in an amount not Jess than $500,000. COUNT I 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 5. On or about October 30, 2003, the State Fire Marshal sent notification to UNITED FIRE PROTECTION, INC., and RANDALL E. SMITH, as Qualifier, at the business address, regarding the expiration of insurance coverage for the Fire Protection System Contractor certificate. This first notice was a courtesy, mailed prior to the expiration of the policy. 6. On or about December 21, 2003, the insurance coverage expired. 7. On or about January 5, 2004, a second notice was sent by the State Fire Marshal to UNITED FIRE PROTECTION, INC., and RANDALL E. SMITH, as Qualifier, advising that coverage had expired, providing additional insurance forms, and advising of the statutory requirements for obtaining and providing proof of insurance coverage to the State Fire Marshal. 8. On or about March 3, 2004, a final notice was sent via certified mail by the State Fire Marshal to UNITED FIRE PROTECTION, INC., and RANDALL E. SMITH, as Qualifier, advising that coverage had expired, providing additional insurance forms, and advising of the statutory requirements for obtaining and providing proof of insurance coverage to the State Fire Marshal. to 9. Subsequent to the March 3, 2004, notice, the State Fire Marshal received no response from UNITED FIRE PROTECTION, INC., and RANDALL E. SMITH, as Qualifier, nor was proof of insurance coverage provided to the State Fire Marshal. 10. UNITED FIRE PROTECTION, INC., and RANDALL E. SMITH, as Qualifier, failed to respond to the Department’s requests for proof of compliance with Section 633.521, Florida Statutes. IT IS THEREFORE CHARGED that UNITED FIRE PROTECTION, INC., and RANDALL E. SMITH, as Qualifier, have violated or are accountable under the following provisions of Chapter 633, Florida Statutes, and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your certificate: (a) As a prerequisite to issuance of a certificate, the State Fire Marshal shall require the applicant to submit satisfactory evidence that she or he has obtained insurance providing coverage for comprehensive general liability for bodily injury and property damages, products liability, completed operations, and contractual liability. The State Fire Marshal may adopt rules providing for the amount of insurance, but such amount shall not be less than $500,000 for a Contractor I, Contractor II, Contractor III, or Contractor V and shall not be less than $250,000 for a Contractor IV.... [Section 633.521(4), Florida Statutes]; (b) The State Fire Marshal may, at any time subsequent to the issuance of the certificate or its renewal, require, upon demand and in no event more than 30 days after notice of the demand, the certificate holder to provide proof of insurance coverage on a form provided by the State Fire Marshal containing confirmation of insurance coverage as required by this chapter. Failure to provide proof of insurance coverage as required, for any length of time, shall result in the immediate suspension of the certificate until proof of insurance is provided to the State Fire Marshal. [Section 633.521(7), Florida Statutes]; (c) Failing to provide proof of insurance to the State Fire Marshal or failing to maintain in force the insurance coverage required by s. 633.521. [Section 633. 547(2)(h), Florida Statutes]; (d) Failing to obtain, retain, or maintain one or more of the qualifications for a certificate as specified in this chapter. [Section 633.547 (2)(i), Florida Statutes]. WHEREFORE, UNITED FIRE PROTECTION, INC., and RANDALL E. SMITH, as Qualifier, are hereby notified that the Department intends to enter an Order suspending or revoking your certificate as a fire protection systems contractor or to impose such penalties as may be provided under the provisions of Section 633.547, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Financia! Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY- ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. If a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the bases for the Department’s action, you must request an adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. wn Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant fo Section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Financial Services. DATED and SIGNED this__27th___ day of April , 2004. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING have been furnished to: RANDALL E. SMITH, UNITED FIRE PROTECTION, INC., 137 Concord Drive, Suite 1101, Casselberry, Florida 32707, by Certified Mail this_2/th_ day of April , 2004. CASIA BELK Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 Phone: (850) 413-4282 Fax: (850) 488-0697

Docket for Case No: 04-001965