Apr 4 2006 15:02 @4/a4/ 2886 82:59 8584146749 DEPR OGA PAGE @4/ae STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS’ LICENSING BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, yo - Case Number 2005-053505 ‘RICHARD D. BYRNE, . - d/b/a EQUALIZER SYSTEMS & SERVICES, INC., Respondent, ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Electrical Contractors’ Licensing Board, against RICHARD D. BYRNE, (“Respondent”), and says: 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 I, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a licensed Certified Alana System Contractor in the State of Florida, having been issued license number EF 47. 3. Respondent’s address of record is 4009 Biscayne Drive, Casselberry, Florida 32708-4630. 4. Respondent is the licensed qualifier for Equalizer Systems & Services. 5. Respondent knowingly permitted Patrick McGinnis, d/b/a System XS, to hold Apr 4 2006 15:02 @4/a4/ 2886 82:59 8584146749 DEPR OGA PAGE @5/@8 himself out to the public as an electrical contractor licensed by Respondent’s Alarm System — Contractor’s License number EF-47. Respondent permitted Mr. McGinnis’ advertised the Respondent’s license number on. business cards, invoices, contracts and letterhead. 6. On June 9, 2005, Patritk McGinnis contracted for the installation of an electric generator at Sandra Knight's Edgewater home. The contract called for the installation of the generator and the connection of the generator to the Ms Knight’s home’s electrical circnits. 7. Section 489.3059), Florida Statutes, states in pertinent part that "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. & Patrick McGinnis’ engaged in contracting when he entered into an agreement to . install the electrical generator and connect it to the electrical wiring of Ms. Knight’s home. 9. Based on this contract, Patrick McGinnis had the electric generator installed at Sandra Knight’s home and contacted to the home’s electrical circuits. 10. Patrick McGinnis received eight hundred dolJars in remuneration for the installation.and connection of the electrical generator to Ms. Knight's home. ‘11. Patrick McGinnis’ engaged in the business of contracting when he received remuneration for his services from Ms. Knight for the installation and connection of the electrical generator. Apr 4 2006 15:02 @4/a4/ 2886 82:59 8584146749 DEPR OGA PAGE 86/88 12. Respondent permitted Patrick McGinnis to place his Alarm System contractor's license on the contract with Sandra Knight. . 13. Contracting for the installation and wiring of an electrical generator to the electrical circuits of a house is outside of the scope permitted ofa Certified Alarms System Contractor I. 14. At no time material heteto was Patrick McGinnis certified of registered as an electrical contractor in the State of Florida. 15. Atno time material hereto was Respondent certified, registered, or otherwise licensed by the State of Florida to qualify Patrick McGinnis or System XS, LLC. COUNT ONE 16. Petitioner re-alleges and incorporates paragraphs one (1) through fifteen (15) as though fully set forth herein. 17, Section 489.533(1)@), Florida Statutes, states that performing amy act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered shall constitute grounds for disciplinary actions. 18. Based upon the foregoing, the Respondent has violated section 489.533(1)(j), Florida Statutes, by assisting Patrick McGinnis to practice unlicensed contracting through the use . of Respondent’s license number. Respondent is therefore subject to discipline by the Electrical Contractors’ Licensing Board pursuant to section 489.533(1)() and (2), Florida Statutes. Apr 4 2006 15:02 @4/a4/ 2886 82:59 8584146749 DEPR OGA PAGE @7/ae COUNT TWO 19. Petitioner re-alleges and incorporates paragraphs one (1) through fifteen (15) as - though fully set forth herein. 20. Section 489.533(1)(s), Florida Statutes, states in pertinent part that practicing beyond the scope of a certification or registration. | 21. Based on the foregoing, Respondent violated Section 489.533(1)(s), Florida Statutes, by permitting an individual to present his license for the purposes of entering a contract for which Respondent was not qualified to enter pursuant to his Certified Alarm System Contractors’ I license. Respondent is therefore subject to disciplinary action. pursuant to Section 489.533(1)(s) and (2), Florida Statutes. 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 renewal 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 Bit day of Febtuaty 2006. FILED Departrhant of Business and Professional Regulation : AGENCY CLERK Assistant General Counsel CLERK Soaks pf. Jeho om | Case No.: 2005-053505 DATE. Zz -~T -Z200le Apr 4 2006 15:03 @4/a4/ 2886 82:59 8584146749 DEPR OGA PAGE @8/ae Counsel for Department: Drew F. Winters Assistant General Counsel Florida Bar Number 0679941 Department of Business and Professional Regulation Office of the General Counsel Northwood Centre 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 DFW/Ich December 5, 2005 Pop dale- [-o5-0e

Docket for Case No: 06-001164PL