Sep 12 2005 13:17 gg/12/2885 13:15 8584146749 DEPR OGA PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS’ LICENSING BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case Number 2004-028198 DONALD BIRTH, d/b/a HIPOWERED ELECTRIC, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Electrical Contractors Licensing Board, against DONALD BIRTH d/b/a HI POWERED ELECTRIC (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the practice of electrical contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, Part I, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a licensed CERTIFIED ELECTRICAL CONTRACTOR in the State of Florida, having been issued license number EC 756. 3. Respondent’s address of record is 934 East Wade Street, Trenton, Florida 32693. 4. At all times material hereto, Respondent was the licensed qualifier for HI POWERED ELECTRIC and was responsible in such capacity for ail its contracting activities. 5. On or about February 24, 2004 Respondent applied for an Electrical Permit for Sep 12 2005 13:17 gg/12/2885 13:15 8584146749 DEPR OGA PAGE @4/a7 1102 Miramar Dr., Delray Beach, Florida 33483. 6. Respondent entered into a joint venture agreement with Greg Mandor for Greg Mandor to petform electrical contracting work at 1102 Miramar Dr., Delray Beach, Florida 33483, 7. Respondent permitted Greg Mandor to perform electrical contracting work at 1102 Miramar Dr., Delray Beach, Florida 33483. &. Atno time material hereto was Greg Mandor and/or Greg Mandor Electric licensed to perform electrical contracting in the state of Florida. 9. Respondent knew or reasonably should have known that Greg Mandor d/b/a Mandor Electric was an unlicensed electrical contractor. 10. Both Respondent and Greg Mandor signed the above-mentioned agreement. 11. Greg Mandor Electric received a check in the amount of $3,000.00, dated March §, 2004, for electrical contracting work performed at 1102 Miramar Dr., Delray Beach, Florida 33483. 12. Section 489.533(1)(j), Florida Statutes, states that performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the ‘certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered shall constitute grounds for disciplinary actions 13. Based upon the foregoing, the Respondent has violated section 489.533(1)(). Florida Statutes, by assisting Greg Mandor to engage in the prohibited uncertified and unregistered practice of contracting when Respondent reasonability should have known Greg Sep 12 2005 13:17 gg/12/2885 13:15 8584146749 DEPR OGA PAGE 85/87 Mandor was uncertified and/or unregistered to practice electrical contracting. Respondent is therefore subject to discipline pursuant to section 489.533(1)(j), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Electrical Contractors’ 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 correction, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within chapters 455 and 489 Part Il, Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 489 and 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this Lot day of TreCemipe2004, rew F, Winters Assistant General Counsel ~-~\S= Case No.: 2004-028198 \ pATE hole a Counsel for Department: Drew F. Winters Assistant General Counsel Florida Bar Number 0679941 Department of Business and Professional Regulation Sep 12 2005 13:17 gg/12/2885 13:15 8584146749 DEPR OGA PAGE 86/a7 Office of the General Counsel Northwood Centre 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 DFW/ewg 4 August, 2004 Per aare 1g OU

Docket for Case No: 05-003277