02 fin Ws 23 cise dye DEPARTMENT OF FINANCIAL SERVICES. 9", 129 Tom GALLAGHER JUN 17 PJ CHIEF FINANCIAL OFFICER ne IN THE MATTER OF: Docketed by: — SCOTT KNIGHT and CASE NO.: 67345-FM-03 BISCAYNE HAVANA FIRE & SAFETY oe EQUIPMENT COMPANY, INC. O>d>- 6495 ADMINISTRATIVE COMPLAINT TO: SCOTT KNIGHT and BISCAYNE HAVANA FIRE & SAFETY EQUIPMENT COMPANY, INC. 975 HIALEAH DRIVE HIALEAH, FLORIDA 33010 You, Scott Knight, and Biscayne Havana Fire & Safety Equipment Company, Inc., possessing the Department of Financial Services, Division of State Fire Marshal, license and permit numbers as set forth below, are hereby notified that the Chief Financia! Officer of the State of Florida as State Fire Marshal has caused to be made an investigation of your activities while licensed and permitted as set forth below in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. The Department of Financial Services, Division of State Fire Marshal, has jurisdiction of the subject matter of these proceedings, pursuant to Chapter 633, Florida Statutes, and Rule Chapter 4A-21, Florida Administrative Code. 2. Pursuant to Chapter 633, Florida Statutes, you, Scott Kright, and Biscayne Havana Fire & Safety Equipment Company, Inc., currently possess the following licenses and permits in this state: A. Licenses: Scott Knight as qualifier for Biscayne Havana Fire & Safety Equipment Company. Inc. (i) Class A — Fire Equipment Dealer License No. 94454300012000 (ii) Class D — Fire Equipment Dealer License No. 944543000052000 B. Permits: Scott Knight (i) Fire Extinguisher Permit Number No. 89527300032000 (ii) Fire Extinguisher Permit for Fire Extinguisher Preengineered Systems No. 89527300042000 COUNT | 3. On or about May 1, 1997, you, Scott Knight, in Miami-Dade County Circuit Court Case Number 96022791CF10A pled guilty to, and were adjudicated guilty of, the charge of Grand Theft, in violation of Section 812.014, Florida Statutes, which was at the time of the incident a third degree felony. 4. On February 22, 2000, the Regulatory Licensing Section received from you, Scott Knight, two license applications, one for a Class A Fire Equipment Dealer License and one for a Class D Fire Equipment Dealer License. 5. In submitting the applications for licenses for a Class A Fire Equipment Dealer License and for a Class D Fire Equipment Dealer License, you, Scott Knight, were required by Section 633.061, Florida Statutes, to disclose whether you had been convicted of, or pled guilty or nolo contendere, to any felony, as a prerequisite to obtaining the Fire Equipment Dealer licenses. 6. In response to the question on each application for the Class A and Class D Fire Equigment Dealer Licenses which asked, “Have you ever been convicted of or pled nolo contendere to a felony,” you checked the circle marked “no,” thereby falsely certifying to the State Fire Marshal that you had never been convicted of, or pled guilty or nolo contendere to, any felony. COUNT II 7. The above general allegations are hereby realleged and fully incorporated herein by reference. 8. On March 4, 1996, you, Scott Knight, in : Miami-Dade Circuit Court Case Number 95-22000CF10A entered a plea of nolo contendere to the charge of grand theft, in violation of Section 812.014, Florida Statutes, which was at the time of the incident a third degree felony. 9. On February 22, 2000, the Regulatory Licensing Section received from you, Scott Knight, two license applications, one for a Class A Fire Equipment Dealer License and one for a Class D Fire Equipment Dealer License. 10. In submitting the subject applications, you, Scott Knight, were required by Section 633.061, Florida Statutes, to disclose whether you had been convicted of, or pled guilty cr nolo contendere to, any felony, as a prerequisite to obtaining the Fire Equipment Dealer licenses. 11. In response to the question on each application for the Class A and Class D Fire Equipment Dealer Licenses which asked, “Have you ever been convicted of or pled nolo contendere to a felony,” you checked the circle marked “no,” thereby falsely certifying to the State Fire Marshal that you had never been convicted of, or pled guilty or nolo contendere to, any felony. IT IS THEREFORE CHARGED that you, Scott Knight, and Biscayne Havana Fire & Safety Equipment Company, Inc., have violated or are accountable under the following provisions of the Chapter 633, Florida Statutes, or rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses, permits, and appointments: A. Section 633.061 (3)(c)6.c., Florida Statutes: “As a prerequisite to licensure an applicant must not have been convicted of, or pled nolo contendere to, any felony. If an applicant has been convicted of any such felony, the applicant must comply with Section 112.011(1)(b), Florida Statutes.” (Scott Knight) B. Section 633.162(4)(b), Florida Statutes: “In addition to the grounds set forth in subsection (1), it is cause for denial, nonrenewal, revocation, or suspension of a license or permit by the State Fire Marshal if she or he determines that the licensee or permittee has falsified any record required to be maintained by this chapter or rules adopted pursuant there to.” (Scott Knight) C. Section 633.162(4)(f}, Florida Statutes: “In addition to the grounds set forth in subsection (1), it is cause for denial, nonrenewal, revocation, or suspension of a license or permit by the State Fire Marshal if she or he determines that the licensee or permittee has failed to obtain, retain, or maintain one or more of the qualifications for license or permit specified in this chapter.” (Scott Knight) D. Section 633.162(4)(g), Florida Statutes: “In addition to the grounds set forth in subsection (1), it is cause for denial, nonrenewal, revocation, or suspension of a license or permit ky the State Fire Marshal if she or he determines that the licensee or permittee has made a material misstatement, misrepresentation, or committed a fraud in obtaining or attempting to obtain a license or permit.” (Scott Knight) E. Section 633.162(1), Florida Statutes: “The viclation of any provision of this chapter or any rule adopted and promulgated pursuant hereto or the failure or refusal to comply with any notice or order to correct a violation or any cease and desis: order by any person who possesses a license or permit issued pursuant to s. 633.061 is cause for denial, nonrenewal, revocation, or suspension of such license or permit by the State Fire Marshal after such officer has determined that the person is guilty of such violation. An order of suspension shall state the period of time of such suspension, which period may not be in excess of 2 years from the date of such order. An order of revocation may be entered for a period not exceeding 5 years. Such orders shall effect suspension or revocation of all licenses or permits then held by the person, and during such period of time no license or permit shall be issued to such person. During the suspension or revocation of any license or permit, the former licensee or permittee shall not engage in or attempt or profess to engage in any transaction or business for which a license or permit is required under this chapter or directly or indirectly own, control, or be employed in any manner by any firm, business, or corporation for which a license or permit under this chapter is required. If, during the period between the beginning of proceedings and the entry of an order of suspension or revocation by the State Fire Marshal, a new license or permit has been issued to the person so charged, the order of suspension or revocation shall operate to suspend or revoke such new license or permit , held by such person.” (Biscayne Havana Fire & Equipment Company, Inc.) F. Section 633.162(2), Florida Statutes: “The department shall not, so long as the revocation or suspension remains in effect, grant any new license or permit for the establishment of any new firm, business, or corporation of any person or qualifier that has or will have the same or similar management, ownership, control, employees, permittees, or licensees, or will use a same or similar name as a previously revoked or suspended firm, business, corporation, person, or qualifier.” (Biscayne Havana Fire & Equipment Company, Inc.) G. Section 633.162(3), Florida Statutes: “The State Fire Marshal may deny, nonrenew, suspend, or revoke the license or permit of: (a) Any person. firm, or corporation the license of which under this chapter has been suspended or revoked; (b) Any firm or corporation if an officer, qualifier, director, stockholder, owner, or person interested directly or indirectly in the firm or corporation has had his or her license or permit under this chapter suspended or revoked; or (c) Any person who is or has been an officer, qualifier, director, stockholder, or owner of a firm or corporation, or who was interested directly or indirectly in a firm or corporation, the license or permit of which has been suspended or revoked under this chapter.” (Biscayne Havana Fire & Equipment Company, Inc.) WHEREFORE, you, Scott Knight, and Biscayne Havana Fire & Equipment Company, Inc., are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your license and appointment as a fire equipment dealer, which will suspend or revoke the license of Biscayne Havana Fire & Equipment Company, inc., and to suspend or revoke all other permits or appointments which you now hold, or to impose such penalties as may be provided under the provisions of the preceding sections of the Florida Statutes, and under any other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS You, Scott Knight and Biscayne Havana Fire & Equipment Company, Inc., have the right to request a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide inforrnation that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. lf a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference cail upon your request. However, if you dispute material facts which are the basis for the Depa-tment's action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall Operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely rerewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Financial Services. Binaries 2003, DATED and SIGNED this 4 ‘Za day of TOM GALLAGHER CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: SCOTT KNIGHT and BISCAYNE HAVANA FIRE & SAFETY EQUIPMENT COMPANY, INC., 975 Hialeah Drive, Hialeah, Florida 33010, by Certified Mail this lL 7th day of __ “Tieng. , 2008. / Gabel Mazzeo, Attorney Division of State Fire Marshal 200 East Gaines St. Tallahassee, Florida 32399-033 (850) 413-3604 (850) 922-1235 (Fax) Florida Bar Number 0143079 10

Docket for Case No: 03-002695