Jan 25 2007 13:40 1/25/2887 13:37 8584146749 DEPR OGA PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS’ LICENSING BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case Number 2005-055528 THOMAS WALKER d/b/a WALKER ELECTRIC COMPANY OF PENSACOLA LLC. Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Electrical Contractors Licensing Board, against THOMAS WALKER, (“Respondent”), and says: L. 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 BC 0002994. 3. At all times material hereto, Respondent was the licensed qualifier for Walker Electric Co. of Pensacola LLC (hereinafter referred to as “Walker Electric”) was responsible in such capacity for all its contracting activities. 4, Respondent’s address of record is 4141 W. Jackson Street, Pensacola, Florida Jan 25 2007 13:40 @1/ 25/2887 13:37 e5ad146749 DEPR OGA PAGE 64/98 32505, 5. On or about August 17, 2005 Respondent entered into a verbal contract with Jerome Gudinas to repair the electrical meter boxes and pole at 9152 Haley Lane, Pensacola, Florida 32505. 6. An electrical contractor’s license is required to perform repairs or replacement of electrical meters or electrical pole. 7. A local electrical building permit is required to be obtained prior to commencing work on an electrical meter or electrical pole. 8. On August 20, 2005 Respondent began the electrical repair worl on the electrical meters and pole at 9152 Haley Lane, Pensacola, Florida 32505, 9. Respondent failed to obtain an electrical permit for the electrical work that was to be performed pursuant to the verbal contract with Jerome Gudinas. 10. On August 20, 2005, Respondent ceased working on the electrical meters and pole. 11. To date, Respondent has failed to complete the electrical contracting work on the electrical meters and pole. 12. To date, Respondent has failed to obtain permit or otherwise have the work inspected. 13. On or about August 23, 2005 Respondent, d/b/a Walker Electric, mvoiced Jerome Gudinas for the aforementioned work at the price of $2,493.28. i4. On August 25, 2005, Respondent received two thousand dollars for the work at 9152 Haley Lane, Pensacola, Florida 32505. 15. Respondent*s workers’ compensation insurance expired July 29, 2005. Jan 25 2007 13:40 1/25/2887 13:37 8584146749 DEPR OGA PAGE @5/@8 16. Rule 61G6-5.008(2), Florida Administrative Code, states in pertinent part that as a prerequisite to the initial issuance, or a change in the status of an active certificate or registration, the applicant shall submit evidence the applicant has obtained workers’ compensation insurance in the form of a Certificate of Insurance or an apptoptiate exemption pursuant to. Chapter 440, F.S. Ii shall be a violation of this rule for any licensee to fail to continually maintain workers’ compensation coverage or an appropriate exemption as required COUNT ONE 17. Petitioner te-alleges and incorporates the allegations set forth in Paragraphs one (1) through sixteen (16) as though fully stated herein. 18. Section 499.3331 )(x) of the Florida Statutes states the following constitutes grounds for which disciplinary action may be taken, “[p]roceeding on any job without obtaining applicable local building department permits and inspections.” 19. Based upon the foregoing, Respondent has violated Section 489.533(1)(1) Florida Statutes by failing to obtain the applicable electrical permits to perform the work contracted for. COUNT TWO 20. Petitioner realleges and incorporates the allegations set forth in Paragraphs one (1) through sixteen (16) as though fully stated herein, 21. Section 489.533(1)(p) of the Florida Statues states the following constitutes grounds for which disciplinary action may be taken, “[a]bandoning a project which the contractor is engaged in or is under contractual obligation to perform. A project is to be considered abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the prospective owner, including the reason for termination, or fails perform work without just cause for 90 consecutive days.” Jan 25 200? 13:41 1/25/2887 13:37 8584146749 DEPR OGA PAGE 86/88 22, Based upon the foregoing, Respondent has violated 489.533(1)(p) Florida Statutes by abandoning the project that he verbally contracted for on August 17, 2005. . COUNT THREE 23. Petitioner realleges and incorporates the allegations set forth in Paragraphs one (1) through sixteen (16) as though fully stated herein. 24. Section 489,533(1)(c) of the Florida Statutes states the following constitutes grounds for which disciplinary action may be taken, “(flailing in any materia] respect to comply with the provisions of this part and the rules adopted pursuant thereto.” 25. Rule 61G6-3.008(2) of the Florida Administrative Code states in pertinent part, “Ti]t shall be a violation of this rule for any licensee to fail to continually maintain. workers’ compensation coverage or an appropriate exemption as required.” 26. Based upon the foregoing, Respondent has violated 489.533(1)(o) of the Florida Statutes by and through a violation of Rule 61G6-5.008(2) of the Florida Administrative Code. 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 II, 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. Jan 25 200? 13:41 1/25/2087 13:37 8584146749 DEPR OGA PAGE 87/88 Signed this 3\8* day of Sado 2006. a aa A. Drew F. Winters Assistant General Counsel Case No.:2005-055528 Counsel for Department: Drew F. Winters F Assistant General Counsel Department of Business a0 Profession Regulanos Florida Bar # 0679941 AGENCY CU Department of Business and Professional Regulation Office of the General Counsel tal en ny Northwood Centre CLERK Soa oy k . \ Oo 1940 North Monroe Street, Suite 60 att 8-25" 200° Tallahassee, Florida 32399-2202 B DFW/Ich 23 February, 2006 Pep cloaks - 7-17 -Of

Docket for Case No: 07-000462PL