Oct 12 2006 9:32 1la/12/26686 89:26 8584146749 DEPR OGA PAGE 83/15 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS’ LICENSING BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case Number 2006-045975 ANGEL M. GUERRA d/b/a G. ELECTRIC, LLC., Respondent, { ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Electrical Contractors’ Licensing Board, against ANGEL M. GUERRA, d/b/a G. ELECTRIC, LLC., ("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 IT, Florida Statutes. 2. Respondent is a licensed REGISTERED ELECTRICAL CONTRACTOR in the State of Florida, having been issued license number ER 13013544, 3. Respondent's address of record 18 825 Sultan Avenue, Opa-locka, Florida 33054 4, Respondent is the licensed qualifier for G. ELECTRIC, LLC. 5. The Construction Trades and Qualifying Board for the Miami-Dade County Building Code Compliance Office is charged with the examination and licensure of electrical contractors who practice electrical contracting solely within the boundaries of Miami-Dade Oct 12 2006 9:32 1a/12/2886 89:26 8584146749 DEPR OGA PAGE @4/15 County, Florida. The Miami-Dade County Building Code Compliance Office has sole authority to issue a valid Miami-Dade County Business Certificate of Competency to practice electrical contracting within Miami-Dade County, Florida. 6. Tn order to receive a valid Miami-Dade County Building Code Compliance Office business certification of competency, the Miami-Dade County Construction Trades and Qualifying Board for the Miami-Dade County Building Code Compliance Office requires a person to submit an application, successfully pass an approved Miami-Dade County electrical contractor’s examination or show proof of adequate experience in lieu of passage of the requited examination, show proof of good credit and insurance coverage, and be approved by the Miami- Dade County Constrneti on Trades and Qualifying Board. 7. On December 21, 2005, Respondent received a fraudulent Miami-Dade County Building Code Compliance Office business certificate of competency, reflecting certificate number 05E001067. &. At no time material hereto did Respondent meet the qualifications to obtain a Miami-Dade County Building Code Compliance Office business certificate of competency from the Construction Trades and Qualifying Board for the Miami-Dade County Building Code Compliance Office. 9, Atno time material hereto did Respondent take an approved Miami-Dade electrical contractor’s examination administered by an approved testing vendor to obtain his business certificate of competency. 10. At no time material hereto was Respondent approved by the Miami-Dade Construction Trades and Qualifying Board to receive Miami-Dade County Building Code Compliance business certification of competency 05E001067. Oct 12 2006 9:32 1a/12/2886 89:26 8584146749 DEPR OGA PAGE 5/15 11. On March 28, 2006, Respondent submitted an application for a registered electrical contractor’s license to the Department of Business and Professional regulation, seeking to register his Miami-Dade Building Code Compliance Office business certification of competency 05E001067, pursuant to 489.513, Florida Statutes. 12. Pursuant to 489.513(3), Florida Statutes, states in pertinent part that to be registered as an clectrical contractor, an alarm system contractor I, an alarm system contractor IL, or aresidential alarm system contractor, the applicant shall file evidence of holding a current certificate of competency issued by any municipality or county of the state for the type of work for which registration is desired, on a form provided by the department, together with evidence of having passed an appropriate local examination, written or oral, designed to test skills and knowledge relevant to the technical performance of the profession, accompanied by the registration fee fixed pursuant to this part. For any person working or wishing to work in any local jurisdiction that does not require an examination for its license, the applicant may apply and shall be considered qualified to be issued a registration in the appropriate electrical or alarm system category, provided that he or she shows that he or she has scored at least 75 percent on an examination which is substantially equivalent to the examination approved by the board for certification in the category and that he or she has had at least 3 years' technical experience in the trade. 13. Respondent’s March 28, 2006 application to the Department contained the fraudulent Miami-Dade County Building Code Compliance Office business certificate of competency 03E001067 and fraudulent verification of examination from the Miami-Dade County Building Code Compliance Office. 14. Respondent’s March 28, 2006 application further included an attest staternent Oct 12 2006 9:33 1a/12/2886 89:26 8584146749 DEPR OGA PAGE 6/15 which Respondent signed attesting that he had “successfully completed the education required for the level of licensure registration, or certification sought” and had “the amount of experience required, if any, for the level of licensure, registration, or certification sought. 15. On or before March 28, 2006, Respondent knew that or should have known that Respondent’s Miami-Dade Building Code Compliance Office Business Certification of Competency 05E001067 was fraudulent and that the attest statement Respondent signed was false. Respondent knew or should have known that the Department and the Electrical Contractors’ Licensing Board would rely upon the fraudulent information in granting réegistration of Respondent’s Miami-Dade Business Certification of Competency 05E001067. 16. At no time material hereto did Respondent meet the qualifications to receive a Registered Electrical Contractor’s license in the State of Florida. COUNT ONE 17. Petitioner re-alleges and incorporates paragraphs one (1) through sixteen (16), as though fully set forth herein. 18. Section 489.531(1)(£), Florida Statutes, states that a person may not, “[k]knowingly give false or forged evidence to the department, the board, or a member thereof.” 19. Based on the foregoing, Respondent violated section 489.531(1)(f), Florida Statutes, when he knowingly presented a fraudulently issued Certificate of Competency to the in order to obtain his license. Respondent is thereby subject to discipline by the Electrical Contractors’ Licensing Board. . COUNT TWO 20. ‘Petitioner re-alleges and incorporates paragraphs one (1) through sixteen (16), as though fully set forth herein. Oct 12 2006 9:33 1a/12/2886 89:26 8584146749 DEPR OGA PAGE @7/15 21. Section 489.533(1)(b), Florida Statutes, lists, “[a}ttempting to procure a certificate or registration to practice electrical or alarm system contracting by bribery or fraudulent or willful misrepresentations,” as grounds for disciplinary action. 22. Based on the foregoing, Respondent violated section 489,533(1)(b), Florida Statutes, when he attempted to procure registration to practice electrical contracting with a fraudulent Certificate of Competency. Respondent is thereby subject to discipline by the Electrical Contractors’ Licensing Board pursuant to section 489,533(1)(s) & section 489.533(2), Florida Statutes. COUNT THREE 23, Petitioner re-alleges and incorporates paragraphs one (1) through sixteen (16) as though fully set forth herein. 24, Section 455.227(1)th), Florida Statutes, states in pertinent part that attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the Department or Board shall constitute grounds for which disciplinary actions specified in (2) may be taken. 25. Based on the foregoing, Respondent is in violation of Section 455.227(1)(h), Florida Statutes, by attempting to obtain and obtaining his registered electrical contractor’s license by bribery, fraudulent misrepresentation, or error of the Department or Board. Respondent is thereby subject to disciplinary action by the Electrical Contractors’ Licensing Board. COUNT FOUR 26. Petitioner re-alleges and incorporates paragraphs one (1) through sixteen (16) as though fully set forth herein. Oct 12 2006 9:33 1a/12/2886 89:26 8584146749 DEPR OGA PAGE 8/15 27, Section 489,531(1)(h), Florida Statutes, states in pertinent part that a person may not conceal information relative to violations of this part. 28, Based on the foregoing, Respondent is in violation of 489.53 1(1)(h),Florida Statutes, by concealing information regardin g the fraudulent nature of his Miami-Dade Business Certificate of Competency from the Miami-Dade Construction and Trades. Respondent is thereby subject to disciplinary action by the Electrical Contractors’ Licensing Board. COUNT FIVE 29. Petitioner re-alleges and incorporates paragraphs one (1) through sixteen (16) as though fully set forth herein. 30. Seotion 489.533(1)(f), Florida Statutes, states in pertinent part that committin g fraud or deceit, or negligence, incompetency, or misconduct in the practice of electrical or alarm system contracting. 31. Based on the foregoing, Respondent violated Section 489.533(1)(, Florida Statutes, by committing frand deceit, or misconduct in the ptactice of electrical contracting. Respondent is thereby subject to disciplinary action by the Electrical Contractors’ Licensin g Board. WHEREFORE, Petitioner respectfully requests the Electrical Contractors’ Licensin g 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 $4 ,000 per violation, Tequire continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within chapters 455 and 489 Part IJ, Florida Statutes, and/or any Oct 12 2006 9:33 DEPR OGA PAGE 89/15 1a/12/2886 89:26 8584146749 other relief that the Board is anthorized to impose pursuant to chapters 489 and 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this / day of Deptilre. 2006. < le a yey cbye Drew F. Winters Assistant General Counsel Case No.: 2006-045975 Counsel for Department: Drew F. Winters Assistant General Counsel D Florida Bar Number 0679941 FILED | en Department of Business and Department of Business and Professional Reguiatio Professional Regulation AGENCY CLERK Office of the General Counsel Northwood Centre 1940 North Monroe Sireet, Suite 60 Tallahassee, Florida 32399-2202 cK Sop da Ae (dente om DFW/ahs - 7 - 2006 30 Aupust 2006 DATE pe. ah -Of SrmeM| ay ha C swat .

Docket for Case No: 06-003952