STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, b 4. Yos¢ Petitioner, Vv. Case No. 2008-002834 ALBERT SIMPLER d/b/a SIMPLER SOLAR SYSTEMS, INC., Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation ("Petitioner") files this Administrative Complaint against Albert Simpler d/b/a Simpler Solar Systems, Inc., ("Respondent") and alleges: 1. Petitioner is the state agency charged with regulating the practice of contracting and electrical contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of contracting and electrical contracting pursuant to Section 455.228, Florida Statutes. GAOGC ULA\AC 2008\Simpler AC.doc 1 3. Chapter 120, Florida Statutes, entitles Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives Respondent’ s right to request a hearing on the facts alleged. 4. At no time material to this complaint was Respondent duly registered or certified to engage in the practice of contracting or electrical contracting pursuant to Chapter 489, Florida Statutes. 5. Respondent was a registered general contractor pursuant to Chapter 489, Florida Statutes, until his license went null and void on August 31, 1997. 6. At no time material to this complaint was Simpler Solar Systems, Inc., duly qualified to engage in the practice of solar contracting or electrical contracting pursuant to Chapter 489, Florida Statutes. 7. At all times material to this complaint, Respondent was the President of Simpler Solar Systems, Inc. 8. Respondent’s last known address is 3118 W. Tharpe Street, Tallahassee, FL 32303. 9. On or about November 22, 2007, Respondent submitted an invoice (“the invoice”) to ProBank listing materials, services, and prices, for installation of a photovoltaic solar system G:AOGC ULA\AC 2008\Simpler AC.doc 2 (“the solar system”) at the ProBank building on 1812 Martin Luther King Boulevard, Tallahassee, FL 32303, for a _ total contract cost. of $50,195.00. 10. A copy of the invoice is attached as Exhibit “A”. 11. Respondent subcontracted with Bass Electrical Services, a licensed electrical contractor, to install the electrical utility connection for the solar system. 12, On or about January 22, 2008, Bass, Electrical Services| submitted an invoice to Respondent for the electrical contracting ‘services for the solar syaten in the amount of $2,031.00. 13. On or about January 25, 2008, Respondent paid Bass Electric $2,081.00 by check number 6796 for the electrical contracting services for the solar system. 14. At all times material to this complaint, Respondent had ‘a contract with PRemployer, a professional employer organization/employee leasing company. “45, Respondent directed and utilized the labor of employees leased from PRemployer to install the solar panels for the solar system. G:AOGC ULA\AC 2008\Simpler AC.doc 3 16. Section 489.127(1)f£), Florida Statutes, provides that no person shall: Engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority... 17. Section 489.113(2), Florida Statutes, provides that “no person who is not certified or registered shall practice contracting in this state.” 18. Section 489.105(3), Florida Statutes, provides: "Contractor" means the person who is qualified _ for, and shall only be responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any -building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsequent paragraphs of this subsection ... Contractors are subdivided into two divisions, Division I, consisting of those contractors defined in paragraphs (a)-(c), and Division II, consisting of those contractors defined in paragraphs (d)- (q)... 19. Section 489.105(6), Florida Statutes, provides: "Contracting" means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which defines types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also GAOGC ULA\AC 2008\Simpler AC.doc 4 constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure... 20. Section 489.105(3) (0), Florida Statutes, provides: "Solar contractor" means a contractor whose services consist of the installation, alteration, repair, maintenance, relocation, or replacement of solar panels for potable solar water heating systems, swimming pool solar heating systems, and photovoltaic systems and any appurtenances, apparatus, or equipment used in connection therewith, whether public, private, or otherwise, regardless of use... 21. The contracting for and/or the performance of the work described above constitutes engaging in the practice of solar contracting as defined by Sections 489.105(3)(o) and 489.105(6), Florida Statutes. COUNT ONE 22. Petitioner re-alleges and incorporates by reference the allegations contained in the paragraphs one (1) through twenty-one (21) as if fully stated herein. 23. «=Based upon the foregoing, Respondent engaged in the practice of unlicensed contracting in one or more of the following ways: (a) by engaging in the business or acting in the capacity of a solar contractor as defined by Section 489.105(3) (0), Florida Statutes; (b) by engaging in contracting as defined by Section 489.105(6), Florida Statutes; GAOGC ULA\AC 2008\Simpler AC.doc : 5 24. Based on the facts alleged above, Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or acting in the capacity of a solar contractor without being duly registered or certified or having a certificate of authority to do so. COUNT TWO 25. “Petitioner re-alleges and incorporates by reference the allegations contained in the paragraphs one (1) through twenty-one (21) as if fully stated herein. 26. Section 489.531(1), Florida Statutes, provides that a person may not practice contracting or advertise himself or a business organization as available to engage in electrical contracting unless the person is certified or registered to do "sO. 27. Section 489.505(9), Florida Statutes, provides that “contracting” means engaging in the business as a contractor or performing electrical or alarm work for compensation and includes performance of any act outlined in Sections 489.505(2) and (12), Florida Statutes, including the attempted sale of contracting services and the negotiation or bid for a contract on these services. G:AOGC ULA\AC 2008\Simpler AC.doc 6 28. Section 489.505(12), Florida Statutes, provides that "Electrical contractor" or "unlimited electrical contractor" means: [A] person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, | transmits, transforms, or utilizes electrical energy in any form, | including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting. 29. The contracting for and/or the performance of the work described above constitutes engaging in the practice of electrical contracting as defined by Sections 489.505(9) and 489.505(12), Florida Statutes. G:\OGC ULA\AC 2008\Simpler AC.doc 7 30. Based upon the foregoing, Respondent violated Section 489.531(1), Florida Statutes, in one or more of the following ways: (a) by engaging in the business or acting in the capacity of an electrical contractor as defined by Section 489.505(9), Florida Statutes; (ob) by submitting a bid to perform electrical services as defined by Section’ 489.505(12), Florida Statutes. 31. Based upon the foregoing, Respondent violated Section 489.531(1), Florida Statutes, by engaging in the practice of electrical contracting without being registered or certified to do so. Wherefore, Petitioner requests that a Final Order bé entered imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 per incident for violations of Chapter 489, Part I, Florida Statutes, and $5,000.00 per incident for violations of Chapter 489, Part II, Florida Statutes; assessment of costs related to the investigation and prosecution of the case (excluding costs associated with an attorney’s time); and/or any other relief the Department is authorized to impose pursuant to Chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder. G:\OGC ULA\AC 2008\Simpler AC.doc 8 Signed this GAOGC ULA\AC 2008\Simpler AC.doc day of Pecerm br , 2008. Maura M. Bolivar Chief Attorney Unlicensed Activity Enforcement Florida Bar No. 0295840 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe St., Ste. 42 Tallahassee. FL 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Facsimile PC Found: /2-/3-08

Docket for Case No: 09-004056