STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUIQ4T ELECTRICAL CONTRACTORS’ LICENSING BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Wvs. OS Case No. 98-21693 MIGUEL MARTINEZ, Respondent. — / ADMINISTRATIVE COMPLAINT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (hereinafter "Petitioner"), files this Administrative Complaint before the Electrical Contractors’ Licensing Board against MIGUEL MARTINEZ (hereinafter "Respondent"), and says: 1. _ Petitioner is the state agency charged with regulating the practice of contracting, pursuant to ‘Section 20. 165 , Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a certified electrical specialty contractor and a registered electrical contractor in the State of Florida, having been issued license numbers ES 0000079 and ER 0011496, respectively, | 3 + 3. Respondent's address of record is 12250 N.E. 13" Avenue, Okeechobee, Florida Atal times material hereto, Respondent wi was as the qualifying agent for Eller Media Ashe sii bbhwwde: Company GereinaRe “Eller Media") 5. Se tion 439. 522(1),§ Florida Statutes, Provides i in part, that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all wd, ne. operations of the business organization, for all field work at all sites; and for financial matters, both for the organization in general and for each specific j ob. 6. At all times material hereto, Eller Media was under contract (contract number OTA-08) with the Miami-Dade Transit Agency to perform the electrical work for the installation and maintenance of electric signs at bus shelters in the Dade County area. ° 7. In or around January or February, 1998, Victor Garcia and Allen Taveres, employees of Eller Media, installed a transformer at a bus shelter located near the intersection of Coral Way (Southwest 24 Street) and SW 108 Court, in Dade County, Florida. . 8. The transformer installed at the bus shelter referenced in paragraph seven vas not properly mounted. | 9. The ground rods installed at the bus shelter referenced in paragraph seven did not _ provide adequate grounding and did not meet the National Electrical Code. 10. - On October 13, 1998, Jorge Luis Cabreara was electrocuted at the bus shelter situated near the intersection of Coral Way (Southwest 24" Street) and SW 108 Court, in Dade | - County, Florida. os 11. Respondent did not s supervise the work performed by his employees at the ‘bus shelter. . . COUNT I “12. "Petitioner realleges and incorporates paragraphs 1 - 10 as though fully stated herein. 7 3. Based on the foregoing Respond violated Section 489. 533 (1)(f), Florida Statutes, bs by commiting fraud | or - deceit, or r negligence, incompetency, or misconduct in the practice of electrical contracting. —cousserronvearner = FLED ‘EllenC.Marino tM DEPUTY CLERK COUNT II 14, Petitioner realleges and incorporates paragraphs 1 — 11 as though fully stated herein. | ; . 15, Based on the foregoing Respondent violated Section 489.533(1)(0), Florida Statutes, through a violation a Section 489.522(1), by failing to supervise the installation of “electrical equipment at the bus shelter at issue in this matter. | WHEREFORE, Petitioner respectfully requests the Electrical Contractors’ Licesisinig 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 financial restitution to a consumer, 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 Section 455.227(2), Florida Statutes, and/or. any other relief that the Board is authorized to impose pursuant to - Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 2d th day of Vive bec , 2000. Senior Attorney ; ms 1; { / Department of Business and. fy, r) dont anda