STATE OF FLORI DA

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o... 3/30/2009

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DEPARTMEN'l' OF BUSINESS AND PROFESSIONAL RBGULATI,ffl         .

ELECTRICAL CONTRACTORS' LICENSING BOARD

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

1. Case Number 2008-039873

   BOBBY SEROTA

   d/b/a ACADEMY ELECTRIC, INC.,

   
   

   Respondent.

   ADMINISTRATIVE COMPLAINT

   Petitioner, Department of Business and Prof■ssional Regulation ("Petitioner"), files this Administrative Complaint before the Electrical Contractors' Licensing Board, against Bobby Serota d/b/a Academy Electric, Inc. ("Respondent"), and

   says:

   1. Petitioner is the state agency charged with regulating the practice of elec rical contracting pursuant to section 20.165, florida Statules, and chapters 455 and 489, Part :n, Florida Statutes.

      
      

   2. Respondent is, and has been at all times material herato, a CERTIFIED ELECTRICAL CONTRACTOR in the State of Florida, having been isirned license number EC 0001485.

   3. Respondent's address of :record i. s 6519 Northwest 9t h

      
      

      Street, Margate, Florida 33063.

      
      

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   4. On Marth 13, 2007, Rescue Me Electrician, LLC entered into a written contract with Torn Sheats ("Sheats0 to perform electrical restoration work in Sheats' home located at 14501 Old

Sheridan Street, So_uthwest Ranches, Florida 33330 for a total

contract price of $15,000.

5, Respondent is the qualifying agent for Rescue Me E ectrician.

6, Respondent's license number, EC 0001485, is included

on the contract for electrical work between Rescue Me Electrician and Sheats.

1. Rescue Me Electrician is not included on Respondent's

   
   

   electrical concractor's license.

   
   

2. Respondent's electrical contractor's license only includes Academy Electric.

3. In August 2007, Respondeni:: commenced work on Sheats' property,

4. After performing some minimal work, Respondent disconcinued work on Sheats' property and failed to return to complete the project.

5. As of today's date, Respondent has not returned to Sheats' property to complete the contracted electrical work.

   COUNT ONE

   
   

6. Petitioner realleges and incorporates by reference cha allegations set forth in paragraphs one Ill through eleven (11)

   
   

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   5PL9PTPOS8

   as though fully set forth herein.

7. Si;;ction 489.533(1)(1), Florida Statutes, states that "acting in the apacity of a contractor under any certificate or registration issued hereunde except in the name of the certificateholder or registrant as set forth on the issued certificate or registration or in accordance with the personnel of the certificateholder or registrant as forth in the application for the certificate or registration or as later changed as provided in his part shall constitute grounds for disciplinary actions as provided in subsection (2)."

8. Based upon the foregoing, Respondent has violated Section 489. 533(1) (l), florida Statutes, by contracting under Rescue Me Electriciah, LLC which is not named on Respondent's electrical contractor's license.

   COUNT TWO

9. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (11 through eleven (11) as though fully set forth herein.

10. Section 489.533(1)(p), Florida Statutes, states that "abandoning a project which the contractor is engaged in or is under contractual obligation to perform sh ll constituta grounds for disciplinary actions as provided in subsection (21. A project is to be considered abandoned after 90 days if the

    con ractor terminates the project without just cause or without

    
    

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    5PL9PTPOS8

    proper notification to the prospective owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days.ll

11. Based upon the foregoing, Res9ondent has violated Section 489,533 (1) (p), Florida Statutes, by failing to return to complete the contracted electrical work at Tom Sheats' property for more than 90 consecutive days without just cause.

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 enewal 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.

Signed this 8lo day of ffiODCD , 2009.

CHARLES W. DRAGO, Secretary Department of Business and

Professional Regulation

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By:

Le" ea c. Parson

Ab istant General Counsel Florida Bar No. 0016869 Department of Business and

Professional Regulation Office of the Gener;l Counsel 1940 N. Monroe S reet, Ste. 42 Tallahassee, FL 32399-2202

(850) 410-1537 'l'elephone

(850) 414-6749 Facsimile

PCP Date =---"'J"'-h'--"V:=,c;,/4r.,,,..f _

PCP Members:               

LP/cag

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Docket for Case No: 10-010834