Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ELECTRICAL CONTRACTORS LICENSING BOARD
Respondent: THOMAS WALKER, D/B/A WALKER ELECTRIC COMPANY OF PENSACOLA, LLC
Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Locations: Pensacola, Florida
Filed: Jan. 25, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 13, 2007.
Latest Update: Jan. 07, 2025
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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
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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.
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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.”
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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.
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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
Issue Date |
Proceedings |
Mar. 13, 2007 |
Order Closing File. CASE CLOSED.
|
Mar. 09, 2007 |
Motion to Relinquish Jurisdiction filed.
|
Feb. 08, 2007 |
Responden`t Response to Initial Order filed.
|
Feb. 07, 2007 |
Notice of Appearance (filed by Stephen M. Guttmann).
|
Feb. 07, 2007 |
Notice of Service of Respondent`s First Interrogatories to Petitioner Department of Business and Professional Regulation filed.
|
Feb. 07, 2007 |
Request to Produce filed.
|
Feb. 06, 2007 |
Order of Pre-hearing Instructions.
|
Feb. 06, 2007 |
Notice of Hearing by Video Teleconference (hearing set for March 16, 2007; 10:00 a.m., Central Time; Pensacola and Tallahassee, FL).
|
Feb. 02, 2007 |
Petitioner`s Unilateral Response to Initial Order filed.
|
Jan. 25, 2007 |
Initial Order.
|
Jan. 25, 2007 |
Request for Administrative Hearing filed.
|
Jan. 25, 2007 |
Administrative Complaint filed.
|
Jan. 25, 2007 |
Agency referral filed.
|