FLORIDA .) FINANCIAL SERVICES FILED ALEX SINK. WN UL 20 A te 24 CHIEF FINANCIAL OFFICER JUN 28 207: nIViSlOH OF SrarEorniome ADMIRISTRATIVE IN THE MATTER OF: Docketed by’ 1 IF ARINGS CASE NO.: 89410-07-FM / O1-237| ADMINISTRATIVE COMPLAINT SIMPLEX. GRINNELL LP and RONALD REISS, Qualifier TO: RONALD REISS, Qualifier SIMPLEX GRINNELL LP 4701 Oak Fair Boulevard. Tampa, Florida 33610 RONALD REISS, Fire Protection System Contractor certificate LD. # 48064500012004, and SIMPLEX GRINNELL LP are hereby notified that the Chief Financial Officer of the State of Florida, acting in the capacity of State Fire Marshal, or her designee, has caused to be made an | investigation of their activities while certified as a Fire Protection System Contractor V in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 633, Florida Statutes, you, SIMPLEX GRINNELL LP and RONALD REISS, as Qualifier, are currently certified in this state as a Fire Protection System Contractor V, Certificate No. 48064500012004, and you, RONALD REISS are the Qualifier for ™MPLEX GRINNELL LP, Tampa, Florida, pursuant to Chapter 633, Florida Statutes. 2. Pursuant to Chapter 633, Florida Statutes, the Chief Financial Officer, as State 1, and the Department of Financial Services (hereinafter “Department”) have jurisdiction over the certificate and eligibility for certification of SIMPLEX GRINNELL LP and RONALD REISS, as Qualifier, pursuant to Chapter 633, Florida Statutes. 3. ° Pursuant to Section 633.021(9), Florida Statutes, a fire protection system is “a system individually designed to protect the interior or exterior of a specific building, structure, or other special hazard from fire. Such systems include, but are not limited to, water sprinkler systems, water spray systems, foam-water sprinkler systems, foam-water spray systems, carbon dioxide systems, foam extinguishing systems, dry chemical systems, and Halon and other chemical systems used for fire protection use. Such systems also inchide any overhead and underground fire mains, fire hydrants and hydrant mains, standpipes and hoses connected to sprinkler systems, sprinkler tank heaters, air lines, thermal systems used in connection with fire sprinkler systems, and tanks and pumps connected to fire sprinkler systems.” 4. Pursuant to Section 633.539(1)(a), Florida Statutes, a fire protection system must be installed by a contractor who is “certified under s. 633.521.” 5. Pursuant to Section 633.541(2)(a), Florida Statutes, a certified fire protection system contractor may not “enter into a written or oral agreement to authorize, or otherwise knowingly allow, a contractor who is not certified under this chapter to engage in the business of, or act in the capacity of, a fire protection system contractor.” 6. Pursuant to Section 633.541(2)(b), Florida Statutes, a certified fire protection system contractor may not “apply for or obtain a construction permit for fire protection work unless the fire protection contractor or the business organization qualified by the fire protection contractor has contracted to conduct the work specified in the application for the permit.” 7. At all times relevant to the allegations of this Administrative Complaint, SIMPLEX GRINNELL LP and RONALD REISS, as Qualifier, were certified to conduct the business of a Fire Protection System Contractor V at 4701 Oak Fair Boulevard, Tampa, Florida. COUNT I 8. The above General Allegations are hereby realleged and fully incorporated by reference herein. 9. On or about December 16, 2005, the Respondents, SIMPLEX GRINNELL LP and RONALD REISS, as Qualifier, filed an application for a permit to install an underground private fire service water line at 84 Lumber, located in Bradenton, Florida, with the Southern Manatee Fire and Rescue District. 10. This permit was approved on or about December 20, 2005, in conjunction with an order requiring that all underground pipe was to be visually inspected prior to burial and that the Southern Manatee Fire & Rescue be contacted prior to testing in order to schedule an inspection. 11. On or about January 15, 2006, a Department investigator, Mr. Chuck Spall, attended a scheduled underground fire line pressure test at 84 Lumber in Bradenton, Florida. 12. Investigator Spall determined that Rayken, Inc. had installed the underground fire lines. 13. Neither Tim Burgoyne or Rayken, Inc. possess a Fire Protection System Contractor V certificate. 14. SIMPLEX GRINNELL, LP and RONALD REISS, as Qualifier, did not install the underground water line at 84 Lumber, as represented in their permit application. IT IS THEREFORE CHARGED that SIMPLEX GRINNELL LP and RONALD REISS, as Qualifier, have violated or are accountable under the following provision(s) of Chapter 633 Florida Statutes, and/or Rules of the Department of Financial Services that constitute grounds for the revocation or other discipline of their licensure as a Fire Protection System Contractor: (a) Violation of any provision of this chapter or of any rule adopted pursuant thereto. [Section 633.547(2)(a), Florida Statutes]. (b) __ A fire protection contractor certified under this chapter may not enter into a written or oral agreement to authorize, or otherwise knowingly allow, a contractor who is not certified under this chapter to engage in the business of, or act in the capacity of, a fire protection contractor. [Section 633.541(2)(a), Florida Statutes]. (c) A fire protection contractor certified under this chapter may not apply for or obtain a construction permit for fire protection work unless the fire protection contractor or the business organization qualified by the fire protection contractor has contracted to conduct the work specified in the application for the permit. [Section 633.541(2)(b), Florida Statutes, 2005]. WHEREFORE, SIMPLEX GRINNELL, LP and RONALD REISS, as Qualifier, are hereby notified that the Chief Financial Officer of the State of Florida, acting in the capacity of State Fire Marshal, or her designee, intends to enter an Order revoking their certification as a Fire Protection System Contractor or to impose such penalties as set out in this Administrative Complaint. You are further notified that any order entered in this case revoking any certificates or eligibility for certification held by you shall also apply to all other licenses, certificates, and eligibility held by you under Chapter 633, Florida Statutes. NOTICE OF RIGHTS You 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 information 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. If 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 call upon your request. However, if you dispute material facts which are the bases for the Department’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 renewed 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. . 28th June DATED and SIGNED this day of , 2007. CW. MILL eputy Chief Financial Officer > § ase & 2 ave S i Zo2 2 om ro b> esa Fg mS CERTIFICATE OF SERVICE £ I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: SIMPLEX GRINNELL, LP and RONALD REISS, as Qualifier, 4701 Oak Fair Boulevard, Tampa, Florida 33610 by Certified Mail this_ 28th day of__JUne , 2007. CASIA R. SINCO, ESQ. Florida Bar Number 0616885 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Fl 32399-0333 (850) 413-4282 Attorney for Department

Docket for Case No: 07-003371