STATE OF FLORIDA

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Deputy Age:no)' Clerk

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CLERK l:Vde Law10-r.-Proctar

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DEPARTMENT OF BUSINESS 1\ND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

1. Case Number 2010-022475

   
   

   TONY FIN'NO

   d/b/a TRUE POWER ELECTRIC INC.,

   Respondent.

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   ADMINISTRATIVE COMPLAINT

   The Department of Business and Professional Regulation ("Petitioner") files this Administrative Complaint before the Electrical Contractors' Licensing Board against Tony Finno d/b/a True Power Electric Inc. ("Respondent"), and alleges:

   1. Petitioner is the state agency charged with regulating the practice of electrical contracting pursuant to section 20.165, F'lorida 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 of Florida, having been issued license number EC 130028031.

   3. Respondent's address of record is 6103 NW 15 Street, Margate, F'lorida 33063.

   4. On or about March 26, 2009, Respondent contracted with

      
      

      Summit Towers Condominium ("Su:rru:ni t") to provide and install two

      
      

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      generators at 1201 s. Ocean Drive, Hollywood, Florida.

   5. The contract price was $205,600.00 to complete all electrical work.

   6. On or about November 20, 2009, Summit paid the

      
      

      contract amount to Respondent in full.

      
      

   7. On or about September 281 20091 Genset Services, Inc.("Genset"), the vendor who supplied the generators, filed a lien against Summit.

   8. Genset alleged that they were owed $791 820.00 for generators, labor, and other materials not paid for on the project at Summit.

   9. on or about April 27, 2010, Summit satisfied the lien by paying Genset $79,820.00.

   10. Summit paid an additional $79,820.00 over the contract price in order to have the lien removed.

       COUNT I

       
       

   11. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through ten (101 as though fully set forth therein.

   12. Section 489.533(1)(m)11 Florida Statutes, states that "[c]ommitting financial mismanagement or misconduct in the practice of contracting that causes financi.i.l harm to a customer shall constitute grounds for disciplinary actions as provided in subsection (2). Financial mismanagement or misconduct occurs if

       
       

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       [al valid lien has been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job, the contractor has received funds from the customer to pay for the suppl.ies or services, and the contractor has not had the lien removed from the property, by payment or by bond, within 75 days after the date of the lien.''

   13. Based upon the facts set forth above, Respondent violated Section 489.533(1)(m)1, Florida Statutes, in one or more of the following ways:

       (al By allowing a valid lien to be placed against Summit's property after receiving full payment from Summit for work completed.

       (b) By not removing the lien within 75 days of the date of the lien.

       COUN'l' II  

       
       

   14. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through ten (10) as though fully set forth therein.

   15. Section 489.533(1)(m)3, Florida Statutes, states that "[c]ommitting financial mismanag<,ment or misconduct in the practice of contracting that causes financial harm to a customer shall constitute grounds for disciplinary actions as provided in subsection (2). Financial mismanagement or misconduct occurs if

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       [t]he contractor's job has been completed and it is shown that the customer has had to pay more for the contracted job than the original 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.u

   16. Based upon the facts set forth above, Respondent violated Section 489.533(1)(ml 3, Florida Statutes, by not paying suppliers money due for equipment provided, causing Summit to have to pay additional money over the contract price.

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 ten thousand dollars ($10,000.00) 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 attorney's time, or any other relief that the Board deems appropriate.

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Signed this 23rd day of November, 2010.

CHARLIE LIEM, Secretary Department of Business and

Professional Regulation

By:

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leC/i,ea C. Parson-----

LeChea 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

Tallahassee, FL 32399-2202

(850) 410-1537 Telephone

(850) 414-6749 Facsimile

PC Found: PC Found By:

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11/17/10

Bramlett, Thomas, Tibbs

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NOTICE OF RIGHTS

Respondent has, the right to request a hearing to be conducted in accordance with Section,; 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 duce,; tecum issued on his or her behalf if a hearing is req1,1e,sted. Rule 28-106.111, ·1orida Administrative Code,, provides in part that if Re,spondent fails to re,quest a he,aring within twenty-one (21) days of re,ceipt of an agency pleading, Respondent waives the right to req1,1e,st a hearing on the facts alleged.

NOTICE REGARDING ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has inc1,1rred 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.

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Docket for Case No: 11-001562