May 26 2006 19:05 65/26/2086 86:48 8584146749 DEPR OGA PAGE §6/12 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2005-042281 BENJAMIN ERICK DBA B K. & H CORPORATION, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against BENJAMIN KRICK DBA B K & H CORPORATION, ("Respondent"), and says: i. 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. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of electrical contracting pursuant to Section 455.228, Florida Statutes. 3. Chapter 120, Florida Statutes, entitles the Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.111, Florida Administrative Code, provides in part that if a Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, the Respondent shall have waived his right to request a hearing on the facts alleged. May 26 2006 19:05 65/26/2086 66:48 B5e4146749 DEPR OGA PAGE 7/12 4. At no time material hereto, was the Respondent BENJAMIN KRICK duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. ap At no time material hereto, was the Respondent B K & H CORPORATION duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. At all material times hereto, the Respondent BENJAMIN KRICK was the Registered Agent and Officer/Director of Respondent BK & H CORPORATION 7. Respondents last known address is 6025 English Oaks Lane, Naples, Florida 34119, 8. On or about April 11, 2005, the Respondent submitted a proposal to Robert Brown (“Brown”) offering to perform repairs which included electrical work, at Brown's residence in Naples, Florida. 9. The original price quoted by the Respondent for the aforementioned project was $8500.00. 10. The electrical work, as mentioned in Paragraph eight (8) above consisted in part of installing a 200 amp service outside, installing lights in front yard, electric repair light and adding new switch in laundry room, replace element and thermostat in Rheem 4500 watt water heater and removing track lighting and replacing with can light fixtures. 11. The Respondent was paid $772.45 by check number 557] on May 16, 2005 and $2000.00 by check number 5626 on June 9, 2005. May 26 2006 19:05 65/26/2086 86:48 8584146749 DEPR OGA PAGE 8/12 12. Subsection 489.505(9), Florida Statutes, provides that “contracting” means engaging in the business as a contractor or performing electrical or alarm work for compensation and includes performance of any act outlined in Subsections 489.505(2) and (12), Florida Statutes, including the attempted sale of contracting services and the negotiation or bid for a contract on these services. 13. Subsection 489.505(2), Florida Statutes, provides that an “Alarm system contractor” means a “person whose business includes the execution of contracts requiring the ability, experience, science, knowledge and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation, including but not limited to, all types of alarm systems for all purposes.” 14. Subsection 489.505(12), Florida Statutes, provides that an "Electrical contractor" or “unlimited electrical contractor” means a person who conducts business in the electrical trade field and who has the experience, knowledge and skill to install, repair, alter, add to, or design ...electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms or utilizes electrical energy in any form..." 15. The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Subsection 489.503(12), Florida Statutes. 16. Subsection 489.531(1), Florida Statutes, provides that a person may not practice contracting or advertise himself or a business organization as available to engage in electrical or alarm system contracting unless the person is certified or registered to do 80. May 26 2006 19:05 65/26/2086 86:48 8584146749 DEPR OGA PAGE 17. Based upon the foregoing, the Respondent has violated Section 489.531(1), Florida Statutes, by engaging im the unlicensed practice of electrical contracting. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed 310,000.00 per incident; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time; refusal to certify, or to certify with restrictions, and application for licensure; restriction of practice; issuance of a reprimand; corrective action and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this /A44y _ day of bewutin__, pee8. Laura Patricia Gaffney, FRN 437867 Chief Attorney Unlicensed Enforcement COUNSEL FOR DEPARTMENT: Laura Patricia Gaffney, FBN 437867 Chief Attorney Unlicensed Enforcement/Accountancy Department of Business and Professional Regulation F | of: Gra Cou] nan it ago ee , (fr) Tallahassee, FL 32399-0750 A Telephone (850) 488-0062 Fax (850) 414-6749 PC Found iAfaL Os LP CLERK Sane ! i DATE LPG{le ag/12

Docket for Case No: 06-001934

Orders for Case No: 06-001934