Deputy Agency Clerk CLERK «0 Even L Proctor Date 7/27/2010 STATE OF FLORIDA Flew DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case Number 2009-049630 MARK WILLIAM UFFELMAN d/b/a CERTIFIED TECHNICAL SERVICES, INC., Respondent, / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Electrical Contractors’ Licensing Board against Mark Willian Uffelman d/b/a Certified Technical Services, Inc, (“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 485, Part Tl, Florida Statutes, 2. At all times material te this Complaint, Respondent was licensed to practice electrical contracting within the State of Florida pursuant to Chapter 489, Part TI, Florida Statutes, having been issued license number EC 13002526. 3. Respondent's address of fecord is 1337 Hertiage Acres Boulevard, Rockledge, Florida 32955. Decument in Unnamed YOO sddd Bp29P Tress BA-GT Tae /82 /AT OF:9T O1T0e 62 450 TT/ée = SSKd TTfee = SSKd 4, Respondent held an electrical additional business license, EC 13003791, to qualify Certified Technical Services, Ine, (“Certified”). 3. Steve J, Hoskins contracted with Certified for the installation of a DirecTV satellite and Programming for commercial use in his restaurant, 6, Hoskins paid $2,036.25 to Certified for the system installation, vin A Certified representative, Timothy Johnson (“Johnson”), installed the DirecTV system into Hoskins’ restaurant, 8. The DirecTV system failed to Properly work because the receivers Certified used were residential boxes connected to Johnsen’s personal account, rather than commercial boxes as requested by Hoskins, 9. As a result, Hoskins had to ke-purchase and re-install the satellite system. 10. As of today’s date, Respondent has not compensated Hoskins for additional expenses incurred in te-purchasing and re-installing the satellite system or refunded the amount paid, Count J ll. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through ten (10) as though fully set forth therein. Document i Unnamed YOO sddd Bp29P Tress 88 -@T Of:97T oO10¢ 62 450 BTGd fc /BT 12, Section 489,533(1) (m)3, Florida Statutes, makes grounds for disciplinary action: 13. Committing financial mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct accurs if: The contractor's job has been completed and it is shown that the customer has had to pay more for the contracted job than the eriginal contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer toe ee Based upon the facts set forth above, Respondent violated Section 989.533(1) (m)3, Florida Statutes, in one or more of the following Ways! (a) By failing to install the correct satellite system, thereby causing Hoskins to re-purchase and re-install 4 new satellite system, By failing to reimburse Hoskins for expenses incurred in re-purchasing and re-installing a new satellite system. By failing to refund the amount paid for the installation to Hoskins. Document in Untamed TT/pa = SSKd YOO sddd Bp29P Tress 88 -@T TE: 97 O02 62 450 BTGd fc /BT 14. Based upon the foregoing, Respondent haa violated Section 489.533(1) (m)3, Florida Statutes, by refusing to compensate Hoskins for expenses incurred in re-purchasing and re-installing the satellite system, Count IIT 15. Petitioner realleges and incorporates by reference the allegations set forth in Paragraphs one (1) through ten (10) as though fully set forth therein, 16, Section 489,533(1) (0), Florida Statutes, states that “[flailing in any material respect to comply with the provisions of this part and the rules adopted pursuant thereto shall constitute grounds for disciplinary actions as provided in subsection (2),” 17. Section 489.522(1) (a), Florida Statutes, states that “[a] qualifying agent is a primary qualifying agent unless he or she is a secondary qualifying agent under this section. All primary qualifying agents for a business organization are jointly and equally responsible for supervision of all Operations of the business Organization; for all field work at all sites; and for financial matters, both for the organization in general and for each Specific job.” 18. Based upon the facts set forth above, Respondent Violated Section 489.533(1) (0), Florida Statutes, through a Violation of Section 489.522(1) (a), Plorida Statutes, in one or Pesutent dn Unnamed 90 dad Bp29P Tress BA-GT Tae /82 /AT TE: 97 O02 62 450 TT/S@ = S8Kd TT/9@ = S8Kd more of the following ways: (a) By failing to properly supervise the operation of Certified. (b) By failing to maintain financial responsibility of Certified, including Respondent's lack of check- writing authority and his lack of knowledge of Certified’s contract with Johngon. WHEREFORE, Petitioner respectfully requests that the Electrical Contractors’ Licensing Board enter an order imposing one or more of the follewing penalties: Suspension or permanent revocation of Respondent's license, restriction of practice, imposition of an administrative fine not to exceed $5,000 for @ach 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 an attorney's time, or any other relie? that the Board deems appropriate, Document in Unnamed YOO sddd Bp29P Tress 88 -@T TE:ST O10 62 450 BTGd fc /BT Signed this 20th day of July, 2010, CHARLIE LIEM, Interim Secretary Department of Business and Professional Requlation By: LeChea C. Parson LeChea C. Parson Agsistant General Counsel Florida Bar No. 0016869 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 (850) 410-1537 Télephone (859) 414-6749 Facsimile PC Found: 7/14/10 FC Found By: Thomas Bramlett Tibbs LP/pjm Document in Unnamed YOO sddd Bp29P Tress 88 -@T TE:ST O10 62 450 TT/é@ 84d BTGd fc /BT NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.869 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 cos'rs 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), Plorida 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 Unnamed YOO sddd Bp29P Tress BA-GT Tae /8e /AT TE: 97 O02 62 450 TT/sa = S8Kd

Docket for Case No: 10-009950