FILED Ceparonent of Baines dnd Profeaskuil kepulation Deputy Ageney Clark CLERK Evere L Proctor Date FI27f2010 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, van Case Number 2009-060862 MARY JANE FIEDLER d/b/a MURDOCK ELECTRIC, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Electrical Contractors’ Licensing Hoard against Mary Jane Fiedler d/b/a Murdock Electric (“Respondent”), and alleges: 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 469, Part II, Florida Statutes. 2, At all times material to this Complaint, Respondent was licensed to practice electrical contracting within the State of Florida pursuant to Chapter 489, Part Tl, Florida Statutes, having been issued license number EC 13001302. 3. Respondent's address of record is 166 Strasburg Drive, Port Charlotte, Florida. 4, Around April 2009, James Robert Mumm, dr. (“Mumm”) Document in Unnamed 1 YOO edad 6PLoP Tress PE PG BTOe/22 /8T eevee = Fovd 25:6 oOf0e 8% +50 contracted with Jonathan Marr d/b/a Marr Electric (“Marr”) to provide electrical services, 5. Marr provided Mumm with a business card which purported that Marr held an electrical contractors license. 6. Marr is not licensed in the State of Florida to perform electrical contracting. 7, Marr performed electrical contracting work for Mumm under their contract, &. On or about May 29, 2009, Mumm paid Marr $532.00 for Marr’s electrical services. 9, On or about June 22, 2009, Mumm paid Marr $2,000.00 for Marr's electrical services. . 10. On or about August 6, 2009, Respondent informed Mumm Chat all work conducted under Marr’s supervision was conducted by Respondent’s employees. ll. Respondent also Provided insurance information to Mum. 12Z.. Marr stated that Respondent was the Gualifier for his company, Marr Electria, 13. Mumm never entered into a written agreement «with Respondent for any electrical services. l4. Respondent is not the qualifier for Marr Electric, Marr Electric is not qualified to conduct electrical contracting. Document in Uunamed Ww YOO sddd Bp29P Tress PE spa Tae /4e/ET 6a/Ppa Fovd 25:6 OT0e 82 350 15. Respondent submitted several invoices to Mumm on behalf of Marr. 16. Mumm paid a total of $18,410.00 to Respondent for Marr’s electrical services, 17.) Section 489.533(1) (4), Plorida Statutes, states that “Iplerforming any act which assists 4 person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or Tegistrant knows ar has reasonable grounds to know that the Person of entity was uncertified and unregistered shall constitute grounds for disciplinary actions as provided in subsection (2). 18. Seetion 489.503(1), Plorida Statutes, States that “(tlhis part dees not apply toe falny employee of a certificateholder, registrant, or business organization authorized to engage in contracting who is acting within the scope of the license held by that certificatehalder or registrant and with the knowledge and permission of the licenseholder.” 13. Section 489.503(1) (b), Florida Statutes, states in pertinent part that “(flor the Purpose of this part, Yemployee’ is defined as a Person who receives compensation from, and is under the supervision and control of, an employer who regularly deducts the F.I.c.a, and withholding tax and provides workers’ compensation, all as Prescribed by law.” Document in Unnamed 3 YOO sddd Bp29P Tress PE spa Tae /4e/ET ea/Sa Fovd 25:6 OT0e 82 350 20. Based upon the facts set forth above, Respondent has violated Section 489,.533(1) (4), Florida Statutes, in one or more of the following ways! (a) By submitting a written decument to Mumm alleging that Respondent’s employees completed the electrical work conducted under the contract between Marr and Mumm, with reasonable grounds to know that Marr was unlicensed, (6b) By receiving various payments from Mumm for electrical work conducted under the contract between Marr and Mumm, with reasonable grounds to know that Marr was unlicensed. (c) By assisting an unlicensed individual who was not an employee of Respondent within the statutory definition to perform electrical work, . WHEREFORE, Petitioner Ttespectfully 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 Prebation subject to specified conditions, corrective action, costs related to the investigation and Prosecution of the case excluding costs Docusiwnt ia Unnamed 4 YOO sddd Bp29P Tress PE ‘Pa Tae /te/UT 29:6 O10¢ 82 450 BA/98 Spd associated with attorney’s time, or any other relief that the Board deems appropriate. Signed this 19th day of duly, 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation By: LeCheaC. Parson LeChea C. Parson Assistant General Counsel Florida Bar Ne. 0016869 Department of Business and Professional Regulation Office of the General Counsel 1840 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 (850) 410-1537 Telephone (850) 414-6749 Faesimile PC Date: 7/14/10 PC Members: Thomas Bramlett Tibbs LP/pjm Document in Unnamed ; Bredp Tress PE Pa Tae /42/T 6a//@ Fovd FOO dad 25:6 O10e 82 450 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accerdance with Sections 120.569 and 120.57, Florida Statutes, to he 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, Document in Unisined . 6 YOO sddd Bp29P Tress PE spa Tae /4e/ET 25:6 O10e 82 450 Ba/88 Sod

Docket for Case No: 10-009934