Oct 9 2009 10:53 la/ae/28e9 86:33 8584146749 DEPR OGA PAGE @4/11 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS’ LICENSING BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case Number 2006-045928 RAUL CASTRO d/b/a LIGHTING POWER ELECTRIC CORP. Respondent, ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Electrical Contractors’ Licensing Board, against RAUL CASTRO, d/b/a LIGHTING POWER ELECTRIC CORP. ("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 II, Florida Statutes. 2. Respondent is a licensed REGISTERED ELECTRICAL CONTRACTOR in the State of Florida, having been issued Hcense number ER 13013492, 3, Respondent’s address of record is 765 SW 101 Court Circle, Miami, Florida 33174, 4. Respondent is the licensed qualifier for LIGHTING POWER ELECTRIC CORP. 5. The Construction Trades and Qualifying Board (Qualifying Board) for the Miami- Oct 9 2009 10:53 la/ae/28e9 86:33 8584146749 DEPR OGA PAGE 5/11 Dade County Building Code Compliance Office (Compliance Office) is charged with the examination and licensure of electrical contractors who practice electrical contracting solely within the boundaries of Miami-Dade County, Florida. The Miami-Dade Compliance Office has sole authority to issue a valid Miami-Dade County Business Certificate of Competency (Certificate of Competency) to practice electrical contracting within Miami-Dade County, Florida. 6. In order to receive a valid Miami-Dade Certification of Competency, the Qualifying Board for the Miami-Dade 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 required . examination, show proof of good credit and insurance coverage, and be approved by the Miami- Dade County Construction Trades and Qualifying Board, 7. On August 21, 2006, the Petitioner received a sworn affidavit from a detective within the Metro-Dade Police Department, detailing how employees within the Miami-Dade Qualifying Board fraudulently issued Certificates of Competency to individuals who did not meet the qualifications to obtain such license. 8. Respondent obtained ‘a fraudulent Miami-Dade Certificate of Competency number 05E000334 in the above stated frandulent manner. 9, September 11, 2006, the Miami-Dade Compliance Office submitted to Petitioner a certificate of verification certifying that Respondent’s Certificate of Competency 05E000334 was not a valid Miami-Dade Certificate of Competency. 10. Respondent did not submit the required application in order to lawfully receive Miami-Dade County Building Code Compliance Office Business Certificate of Competency Oct 9 2009 10:53 la/ae/28e9 86:33 8584146749 DEPR OGA PAGE 46/11 05E000334. 11. Respondent indicated that he successfully completed an approved Miami-Dade County electrical contractor’s examination with Experior Assessments on April 3, 1999, Experior Assessments is now Thomson-Prometric. 12. Respondent did not take or pass the Miami-Dade electrical contractors’ examination with Experior Assessments on April 3, 1999. Thomson-Prometric has no record of the Respondent registering for or taking the required electrical contractor's exam. 13. At no time material hereto did Respondent take an approved Miami-Dade electrical contractor’s examination administered by an approved testing vendor to obtain a Miami-Dade Business Certificate of Competency. 14. At no time material hereto did Respondent meet the qualifications to obtain a Miami-Dade Certificate of Competency from the Miami-Dade Qualifying Board from the Miami-Dade Compliance Office. 15. Respondent was never approved by the Miami-Dade Qualifying Board to be issued a Miami-Dade Certificate of Competency card number 05H000334 to engage in electrical contracting. 16. Respondent received a fraudulent business Certificate of Competency from employees at the Miami-Dade County Building Code Compliance Office, reflecting certificate number 05E000334. 17. Section 489.513(3), Florida Statutes, states in pertinent part that to be registered as an electrical contractor, an alarm system contractor I, an alarm system contractor II, or a residential 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 Oct 9 2009 10:53 la/ae/28e9 86:33 8584146749 DEPR OGA PAGE 7/11 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 bas 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' technica] experience in the trade. 18. On or about March 6, 2006, Respondent signed and submitted application to the Department of Business and Professional Regulation to register fraudulent Miami-Dade Certificate of Competency number 056000334. 19. On March 14, 2006, the Petitioner received Respondent's application for a registered electrical contractor’s license, seeking to register his Miami-Dade Certification of Competency, pursuant to 489.513, Florida Statutes. 20. Respondent’s submitted to Petitioner fraudulent Miami-Dade Compliance Office Certificate of Competency number 05E000334 in support of bis application for registered electrical contractor's license 21. Respondent submitted to Petitioner fraudulent verification of examination from the Miami-Dade Compliance Office stating that he had taken and passed Experior Assessment's April 3, 1999 Miami-Dade County electrical contractor’s examination in support of his application for registered electrical contractor’s license.. 1la/ee/2689 85:33 8584146749 Oct 9 2009 10:54 DEPR OGA PAGE 88/11 22. Respondent’s application further included an attest statement 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. 23. Respondent knew at the time of submitting his application that he had not taken or pass the April 3, 1999 Experior Assessments examination. 24, — Respondent knew or should have known that Respondent’s Miami-Dade Building Code Compliance Office Business Certification of Competency 052000334 was fraudulent and that the attest statement Respondent signed was false. 25. Respondent knew or should have known that the Petitioner and the Electrical Contractors’ Licensing Board would rely upon the fraudulent information in granting registration of Respondent’s Miami-Dade Business Certification of Competency 05E000334. 26. On April 3, 2006 Petitioner issued a Registered Electrical Contractor’s license number ER 13013492 to the Respondent. 27. 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 28. Petitioner re-alleges and incorporates paragraphs one (1) through twenty-seven (27), as though fully set forth herein. 29, Section 489.531(1)(), Florida Statutes, states that a person may not, “Tk]knowingly give false or forged evidence to the department, the board, or a member thereof.” 30. Based on the foregoing, Respondent violated section 489.531(1)(), Florida Statutes, when he knowingly presented a fraudulently issued Certificate of Competency and gave Oct 9 2009 10:54 la/ae/28e9 86:33 8584146749 DEPR OGA PAGE 9/11 false evidence that he completed the required electrical contractors’ examination in order to obiain his license. Respondent is thereby subject ta discipline by the Electrical Contractors’ Licensing Board. COUNT TWO 31. Petitioner re-alleges and incorporates paragraphs one (1) through twenty-seven (27), as though fully set forth herein. ) 32. 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. 33. 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 34, Petitioner re-alleges and incorporates paragraphs one (1) through twenty-seven (27), as though fully set forth herein. | 35, Section 455.227(1)(h), 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 shal] constitute grounds for which disciplinary actions specified in (2) may be taken. 36, 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 Oct 9 2009 10:54 la/ae/28e9 86:33 8584146749 DEPR OGA PAGE 18/11 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 37. _ Petitioner re-alleges and incorporates paragraphs one (1) through twenty-seven, (27), as though fully set forth herein, 38. Section 489,531(1)(h), Florida Statutes, states in pertinent part that a person may not conceal information relative to violations of this part. 39, Based on the foregoing, Respondent violated Section 489.531(1)¢h), Florida Statutes, by concealing information related to the fraudulent issuance of his Certificate of Competency. 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 Il, 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. F | [ F D Signed this day of Tleyunnoe” 2006. Department of Business and Professional Regulation AGENCY CLERK rew F. Winters Assistant General Counsel CLERK So why 2» | vate fe at bee Oct 9 2009 10:54 DEPR OGA PAGE 11/11 la/ae/28e9 86:33 8584146749 Case No.: 2006-045928 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/ahs 31 October 2006

Docket for Case No: 09-005531