Deparinent of Bieioess and Protesdang| Regulation AGENCY CLERK Evette L Proctor 6/1/2010 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case Number 2010-003334 OSVALDO RODRIGUEZ d/b/a ELECTRICAL MASTERS, INC., Respondent. / ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Electrical Contractors’ Licensing Board against Osvaldo Rodviguez d/b/a Electrical Masters, Inc. (“Respondent”) and alleges: 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 II, Florida Statutes. 2. At all times material to this Complaint, Respondent was registered to practice Blectrical Contracting pursuant to Chapter 489, Part II, Florida Statutes, having been issued license number ER 0013057, 3. Respondent's address of record is 8400 Southwest 14% Street, Miami, Florida 33144. Document in Unnamed 1 éT/Ea Fovd YOO sddd Bp29P Tress Ba-38 Tae /Ie/48 Be:eT ode ¢é [nc 4. On December 7, 2009, Petitioner's Investigator performed a field audit of a construction site located aft 1800 South Military Trail, Palm Springs, Palm Beach County, Florida in response to an anonymous complaint that unlicensed contractors were working at the site. a. Upon arrival at the construction site, Fetitioner’s Investigator discovered that a portion of the electrical work was subcontracted to Respondent for $25,000, 6. The subcontract agreement was signed by Respondent and dated August 12, 2009. 7. Section 489,505(9), Florida Statutes, states: "contracting" means, except where exempted in this part, engaging in business as a contractor or performing electrical or alarm work for compensation and includes, but is not limited to, performance of any of the acts found in subsections (2) and (12), which define the services which a contractor is allowed to perform. The attempted sale of contracting services and the negotiation or bid for a contract on these services also 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. a. Respondent is registered to engage in electrical contracting in Broward County and Dade County only; Respondent Dacurnent in Unnamed 2 éT/Pa Said YOO sddd Bp29P Tress Ba-38 Tad /I2/48 62:7 Ode 2e [nf is not registered in Palm Beach County, 9, On August 27, 2009, Respondent was issued a citation (Case No, 2009-045580) for failing to include his license number on an advertisement, 10. The citation required Respondent to pay a fine in the amount of $100 within thirty (30) days from the date the citation was issued. ll. The citation became a final order on October 9, 2009, 12. As of today’s date, Respondent has not paid the fine, COUNT I 13. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs (1) through twelve (12) as though fully set forth herein, 14. Section 499.533(1)(s), Florida Statutes, states that “practicing beyond the scope of a certification or registration shall constitute grounds for disciplinary actions as provided in subsection (2),” 15. Based upon the foregoing, Respondent has violated Section 489.533(1) (s), Florida Statutes, by contracting to perform electrical work in Palm Beach County which is beyond the geographic scepe of Respondent's license. COUNT IT 16. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs (1) through twelve (12) as Document in Unnamed 3 éT/SA Jovd YOO sddd Bp29P Tress Ba-38 Tad /I2/48 Be:sT ode 2é [nc though fully set forth herein. 17, Section 489,533(1) (a), Florida Statutes, states that ‘failure to comply with any provision of the chapter 455 shall constitute grounds for disciplinary actions as provided in subsection (2).” 18. Section 455,227(1)(q), Florida Statutes, states that “violating any provision of this chapter, the applicable professional practice act, a rule of the department or the board, or a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken.” 19. Based on the foregoing, Respondent has violated Section 489.533(1) (aj), Florida Statutes, through a violation of Section 455.227(1) (q), Florida Statutes, by failing to pay the fine imposed in Case No. 2009-04558. WHEREFORE, Petitioner respectfully requests the Electrical Contractors’ Licensing Board enter an order imposing one or more of the following penalties: place of Respondent on probation subject to specified conditions, suspension or permanent revocation of Respondent's license, restriction of practice, corrective action, imposition of an administrative fine not to exceed $5,000 for each count or separate offense, issuance of a Document in Unnamed 4 éT/98 Jovd YOO sddd Bp29P Tress Ba-38 Tad /I2/48 62:7 Ode 2e [nf reprimand, costs related to the investigation and prosecution of the case, excluding costs associated with an attorney's time, or any other relief that the Board deems appropriate. Signed this 25th day of May, 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation By: LeChea C. Parson LeChea C, Parson Assistant General Counsel Florida Bar No. 0016869 Department of Business and Frofessional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 410-1537 Telephone (650) 414-6749 Facsimile PCP Date: 5/13/10 PCP Members: Bellemare, Bramlett, Tibbs LP/eag Document in Unnamed 3 2Tf4@ Fovd FOO dad Bredp Tress S6°86 uilee/de/48 62:7 Ode 2e [nf NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted in accordance with Sections 120.569 and 120,57, Florida Statutes, to be vepresented by counsel or other qualified representative, to present evidence and arguttent, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested, Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this hatter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Beard, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed, Docurnent in Unoamed 6 éT/8a Jovd YOO sddd Bp29P Tress Ba-38 Tad /I2/48 62:7 Ode 2e [nf

Docket for Case No: 10-006338