FILED

°'l>ffllT'J("11of ll<titieu OO<I fl'Ol05$101tal RegUlalloo

Deputy Agenoy Clerk

CLERK E11et1elaw$on-Proctor

Det& 8/2/2011

File#

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

vs. Case Number 2010-028118

ROBERT N. HALLE

d/b/a JEFFREY KNIGHT INC. d/b/a KNIGHT ENTERPRISES,

Respondent.

/

ADMINISTRATIVE COMPLAINT

The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Electrical Contractors' Licensing Board against Robert N. Halle d/b/a Jeffrey Knight Inc. d/b/a Knight Enterprises (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 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 ES 12000321.

3. Respondent's address of record is 2989 Northfield Drive, Tarpon Springs, Florida 34688.

   
   

   
   

   ·------·---·••-'

   ··-·. - - ----

   -------------------

   
   

4. Respondent contracted with Bright House Networks (Bright House) to install television cable, internet cable, and telephone cable for new and existing Bright House customers.

5. In order to fulfill its obligation to Bright House,

   
   

   Respondent subcontracted some of this work to Michael Scantland

   
   

   {Scantland).

   
   

6. Scantland performed numerous television cable, internet cable and telephone cable installations in 2007, 2008, and 2009 as a subcontractor for Knight Enterprises.

7. Section 489,505(12), Florida Statutes, states "'Electrical contractor' or 'unlimited electrical contractor' means a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the

   ----

   ...

   
   

   I_ -- - --- -- -------- -----------------------··-----------· · - '

   
   

   business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting."

8. Respondent subcontracted electrical work requiring a license to Scantland.

9. Scantland was not an employee of Respondent at the time of the installations referenced above.

10. Scantland was an independent contractor at the time of the installations referenced above.

11. Scantland was not a licensed electrical contractor in the state of Florida at the time of the installations referenced above.

12. Respondent knew or had reasonable grounds to know that Scantland was not a licensed electrical contractor.

13. Section 489.503, Florida Statutes, states "[f]or the

    
    

    purpose of this part, 'employee' 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."

14. Section 489.533(1) (j), Florida Statutes, subjects a licensee to discipline for "[p)erforming any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder

    
    

    I..... ------·--··-········-· . . ..                             

    
    

    or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered."

15. Based upon the facts set forth above, Respondent violated Section 489.533(1) (j), Florida Statutes, by subcontracting electrical contracting jobs which required licensure to an unlicensed person, knowing Scantland was not licensed to engage in such work.

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 Respondent's practice, imposition of an administrative fine not to exceed $10,000 for each count or separate offense, issuance of a reprimand, placement of Respondent on probation subject to specified conditions, corrective action, assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, or any other relief that the Board is authorized t6 impose pursuant to Chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder,

(SIGNATURE PAGE FOLLOWS)

                    ·

Signed this 1s t day of August, 2011,

KEN LAWSON, Secretary Department of Business and

Professional Regulation

By: LeC!iea C. Parson

LeChea c. Parson Assistant General Counsel Florida Bar No. 0016869

Office of the General Counsel

1940 N. Monroe Street, Ste. 42

Tallahassee, FL 32399-2202

(850) 488-0062 Telephone

(850) 414-6749 Facsimile

PC Found: PC Found By:

7 /22/11

C Tibbs, N Thomas, R Bramlett

NOTICE OF RIGHTS

PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action.

PLEASE BE FURTHER ADVISED that 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 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)(al, 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.

Docket for Case No: 11-004411