FILED

D<>partment of Business and Professional Regulation

Deputy Agency Clerk

CLERK

Date File#

Evette Lawson-Proctor

8/1/2011

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

vs. Case No. 2011-005965

ROBERT ORSINI

d/b/a AMERICAN ALARMS, INC.,

Respondent.

                                                               I

ADMINISTRATIVE COMPLAINT

The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Electrical Contractors' Licensing Board against Robert Orsini d/b/a American Alarms 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 licensed to practice electrical contracting within the State of Florida, having been issued license number EC 272.

3. Respondent's address of record is 10001 N.W. 50th Street, #107, Sunrise, Florida 33351.

4. On or about October 13, 2009, Royal Club Condominium Association (Condominium) contracted with Respondent for the

   
   

   Document in Unnamed

   
   

   Filed March 19, 2012 1:57 PM Division of Administrative Hearings

   installation of a fire alarm system at 2457 Collins Avenue, Miami Beach, Florida 33140. The contracted work included a new fire alarm panel, sealed engineered plans, wiring, new devices, and final inspections with the appropriate authorities.

5. The contract price was $108,000.00.

   
   

6. On or about October 29, 2009, the Condominium paid

   
   

   $53,000.00 to Respondent towards the contract.

   
   

7. On or about March 17, 2010, the Condominium paid

   
   

   $15,000.00 towards the contract.

   
   

8. In or around March 2010, Respondent ceased work at the Condominium.

9. As of the date of this complaint, no permit has been issued for the work at the Condominium.

10. Respondent installed some electrical piping, speakers and other devices at the Condominium.

    alarm

11. Respondent has received over 60% of the contract price

    
    

    in compensation.

    
    

12. Respondent failed to make the fire alarm system operational before terminating work at the Condominium.

13. As of the date of this complaint, Respondent has not completed the work under the contract.

14. Over ninety (90) days lapsed since Respondent completed any work under the contract.

15. Respondent has not completed 60% of the contracted

    work.

    
    

16. Respondent terminated work under the contract without just cause or proper notification to the Condominium.

    
    

    COUNT ONE

    
    

17. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through sixteen (16) as though fully set forth herein.

18. Section 489.533 (1)(p), Florida Statutes, subjects a licensee to discipline for "abandoning 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 to perform work without just cause for 90 consecutive days."

19. Based upon the foregoing, Respondent violated Section 489.533(1) (p), Florida Statutes, by failing to return to complete the contracted electrical work at the Condominium for more than 90 consecutive days without just cause.

    COUNT TWO

    
    

20. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through sixteen (16) as though fully set forth herein.

21. Section 4 8 9. 533 ( 1) (m) 2, Florida Statutes, subjects a licensee to discipline for "[a] contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price that had been paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain the excess funds under the terms of the contract or refunds the excess funds within 30 days after the date of abandonment."

22. Based upon the foregoing, Respondent violated Section

489.533 (1) (m) 2, Florida Statutes, by abandoning the job at the

Condominium, having retained a greater percentage of the

contract price contract.

than the actual work completed under

the

WHEREFORE, Petitioner respectfully requests the Electrical Contractors' Licensing Board enter an order imposing one or more of the following penal ties: suspension or permanent revocation of Respondent's license, restriction of Respondent's practice, imposition of an administrative fine not to exceed $10,000 for each count or separate offense, issuance of a reprimand, placement of Respondent on probation subject to specified conditions, corrective action, assessment of 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 is authorized to impose pursuant to Chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder.

Signed this 26th day of July, 2011.

KEN LAWSON, Secretary Department of Business and

Professional Regulation

By: LeCliea C. Parson

LeChea C. Parson Assistant General Counsel Florida Bar No. 0016869

Office of the General Counsel 1940 N. Monroe Street, Ste. 42

Tallahassee, FL 32399-2202

(850) 717-1187 Telephone

(850) 414-6749 Facsimile

PC Found: 7/22/11

PC By: N Thomas, C Tibbs, R Bramlett LP/pjm

NOTICE OF RIGHTS

PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action.

PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to be conducted in accordance with Sections

120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, 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 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 matter. Pursuant to Section 455.227(3)(a), Florida Statutes, the Board, 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.

Docket for Case No: 12-001049