Pik’ Byparonent of Saban and Fritedstonel Regulation: Deputy Aganoy Clerk CLERK Evette L Preetar 12712019 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case Number 2008-065537 LUIS ANDRES SALAS d/b/a FIALLO MJ ELECTRIC CORP., Respondent. / i i 0 TT, ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Electrical Contractors’ Licensing Board against Luis Andres Salas, d/b/a Fiallo Md Electric Corp. (“Respondent”), and alleges: 1. Petitioner ig 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. At all times material to this Complaint, Respondent was licensed to practice electrical contracting within the State ef Florida pursuant to Chapter 489, Part II, Florida Statutes, having been issued license number EC 3163. 3, Respondent's address of record is 1715 5wW get’ Avenue Miami, Florida 33165. Dosunient in Unnamed 1 éT/Se Fd FOO sda 6pé9oPTpags PH:TT &Tée2/62/68 J2:97 O10 of das 4, On ot about January @, 009, Jose A. Fernandez (“Fernandez”) entered into a contractual agreement with Luis Andres Salas d/b/a Fiallo Md Electriq Corp. (“Respondent”) to instal] and implement a new electrical meter for Fernandez’s home, located at 2103 SW 60% Avenue,| for a contract price of three thousand two hundred dollars ($3, 00.00). a. Fernandez paid two thousan dollars ($2,900.00) ta Respondent towards the aforementioned cpntract. 6, on or about Jannary 12, 2009, Respondent submitted permit application 02009040575 to the Miami-Dade County Building Department, claiming the value of work to be one thousand two hundred dollars ($1,200.00). 7. Permit application 2009040575 listed 2103 SW 6ot Avenue as the job address. 8. The Electric Fee Sheet jaccompanying the permit application showed that Respondent intended to repair or upgrade an existing service. 9, On March 3, 2009, Respondent obtained permit number 2009023642 for electrical repairs at |2103 SW 60 Avenue, Miami, Florida. 10, Respondent did not file a nptice of commencement with the Miami-Dade County Building Department. 11. Respondent installed new meters at the job site. 12. Miami-Dade County Buildidg Department inspectors Document in Unnamed 2 éT/9e Fd FOO sda 22:97 obToz as das Bp29P Tress Pa+TT &Taé/62/68 ordered the new meters removed because the zoning code did not allow for additional meters at that location. COUNT I 13. Petitioner realléges and incorporates by reference the allegations set forth in paragraphs one (1) through ten (10) as though fully set forth therein. 14, Section 489.533(1)(e}, Florida Statutes, states that “[mjaking or filing a report or record which the certificateholder or registrant knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing shall constitute grounds for disciplinary actions as provided in subsection (2). Such reports or records shall include only those which are signed in the capacity of a certified electrical or alarm system contractor.” 15. Based upon the facts set forth above, Respondent has vielated Section 489.533(1)(e), Florida Statutes, in one or more of the following ways: (a) By submitting a permit application toa the Miami- Dade County Building Department listing the value of work as one thousand two hundred dollars ($1,200.00) instead of three thousand two hundred dellars ($3,200.00) per the contract with Document in Unnamed 3 elfée8 Fed FOO sda 6pé9oPTpags PH:TT &Tée2/62/68 J2:97 O10 of das Fernandez. (b) By submitting a permit application that stated work to be completed was a repair instead of 4 new installation. COUNT II 16. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through ten (10) as though fully set forth therein. 17. Section 489.533(1)(f), Florida Statutes, states that “Cejommitting fraud or deceit, or negligence, incompetency, of misconduct in the practice of electrical or alarm system contracting shall constitute grounds for disciplinary actions as provided in subsection (2).” 18. Based upon the facts set forth above, Respondent violated Section 4189.533(1)(f), Flerida Statutes, in one or more of the following ways! (a) By submitting a permit application to the Miami- Dade County Building Department Listing the value of work as one thousand two hundred dollars ($1,200.00) instead of three thousand two hundred dollars ($3,200.00) per the contract with Fernandez. ib) By submitting a permit application that stated work to be completed was a repair instead of a Document in Unnamed 4 eT/8e Fd FOO sda 6pé9oPTpags PH:TT &Tée2/62/68 J2:97 O10 of das new installation. (¢) By installing new electrical meters without first consulting local laws to determine if the installation was allowed. Count IIT 19, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through ten (10) as though fully set forth therein. 20. Section 489,533(1) (i), Florida Statutes, states that “[vliolating the applicable building codes or laws of the state er any municipality or county thereof shall constitute grounds for disciplinary actions as provided in subsection (2).% 21, Section 713.135(1) (d), Florida Statutes, states in pertinent part that “[w]hen any person applies for a building permit, the authority issuing such permit shall [f)urnish to the applicant two or more copies of a form of notice of commencement conforming with s. 713.13. If the direct contract is greater than $2,500, the applicant shall file with the issuing authority prior to the first inspection either a certified copy of the recorded notice of commencement or a notarized statement that the notice of commencement has been filed for recording, along with a copy thereof.” 22. Based upon the facts set forth above, Respondent violated Section 489,533(1) (i), Florida Statutes, through Document in Unnamed uw eTf/6B = F8d FOO sda 6pé9oPTpags PH:TT &Téeé/62/68 J2:97 O10 of das Seetion 713.135(1) (da), Florida Statutes, in one or more of the following ways! (a) By failing to File a notice of commencement with the Miami-Dade County Building Dapartment as required despite contracting with Fernandez in excess of two thousand five hundred dollars ($2,500). WHEREFORE, Petitioner respectfully requests the Electrical contractors’ Licensing Board enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent's license, restriction of practice, imposition of an administrative fine not to exceed five thousand dollars ($5,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation subject to specified conditions, corrective action, costs related to the investigation and prosecution of the case excluding costs associated with atterney’s time, or any other relief that the Board deems appropriate. Document in Unmained 6 eTf/ET Fed FOO sda 6pé9oPTpags PH:TT &Tée2/62/68 eF:9T oO10z of das oT/tt signed this 21st day of July, 2010, PC Found: 7/14/10 Pc Found By: LP/pjm Docoment in Unwuned and 8Z:9T oToz as das By! YOO sddd CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation LeChea C, Parson Lethea C. Parson Assistant General Counsel Florida Bar No, 0016869 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Yaltlahassee, FL 32399-2202 (850) 410-1537 Telephone (850) 414-6749 Facsimile Thomas Tibbs Bramlett Bp29P Tress PITT Tid /62 /68 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. Doswingnt ia Unnamed 3 éT/eT avd YOO sddd 6pé9oPTpags PH:TT &Tée2/62/68 eF:9T oO10z of das

Docket for Case No: 10-009405