FILED

Department of Busif1e>s and ProfESSioJlal Re11utat,on

Deputy Agency Clerk

CLERK Evette L Proctor

Date 7/27/2010

File#

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

1. Case Number 2009-065537

   
   

   LUIS ANDRES SALAS

   d/b/a FIALLO MJ ELECTRIC CORP.,

   
   

   Respondent.

                                                                  I

   
   

   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 MJ Electric Corp. ("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 pursuant to Chapter 489, Part II, Florida Statutes, having been issued license number EC 3163.

   3. Respondent's address of record is 1715 SW 88t h Avenue,

Miami, Florida 33165.

4• On or about January 2, 2009, Jose A. Fernandez ("Fernandez") entered into a contractual agreement with Luis Andres Salas d/b/a Fiallo MJ Electric Corp. ("Respondent") to install and implement a new electrical meter for Fer6.andez' s home, located at 2103 SW 60t h Avenue, for a contract price of three thousand two hundred dollars ($3,200.00).

1. Fernandez paid two thousand dollars ($2,000.00) to Respondent towards the aforementioned contract.

2. On or about January 12, 2009, Respondent submitted permit application C2009040575 to the Miami-Dade County Building Department, claiming the value of work to be one thousand two hundred dollars ($1,200.00).

3. Permit application C2009040575 listed 2103 SW 60t h

   
   

   Avenue as the job address.

   
   

4. The Electric Fee Sheet accompanying the permit application showed that Respondent intended to repair or upgrade an existing service.

5. On March 3, 2009, Respondent obtained permit number

   
   

   2009023642 for electrical -repairs at 2103 SW 60 Avenue, Miami, Florida.

6. Respondent did not file a notice of commencement with the Miami-Dade County Building Department.

7. Respondent installed new meters at the job site.

   
   

8. Miami-Dade County Building Department inspectors

   ordered the new meters removed because the zoning code did not allow for additional meters at that location.

   COUNT I

   
   

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

10. Section 489.533(1)(e), Florida Statutes, states that "[m]aking 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."

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

    1. 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.

       
       

    2. By submitting a permit application that stated work to be completed was a repair instead of a new installation.

       COUNT II

       
       

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

13. Section 489.533(1)(f), Florida Statutes, states that "[c]ommitting fraud or deceit, or negligence, incompetency, or misconduct in the practice of electrical or alarm system contracting shall constitute grounds for disciplinary actions as provided in subsection (2)."

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

    1. 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.

    2. By submitting a permit application that stated work to be completed was a repair instead of a

       new installation.

       
       

    3. By installing new electrical meters without first consulting 'local laws to determine if the installation was allowed.

       Count III

       
       

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)(i), Florida Statutes, states that "[v]iolating the applicable Jbuilding codes or laws of the state or any municipality or county thereof shall constitute grounds for disciplinary actions as provided in subsection (2) "

17. 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."

18. Based upon the facts set forth above, Respondent violated Section 489.533(1)(i), Florida Statutes, through

    Section 713.135(1)(d), Florida Statutes, in one or more of the following ways:

    1. By failing to file a notice of commencement with the Miami-Dade County Building Department 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 attorney's time, or any other relief that the Board deems appropriate.

Signed this 21st day of July, 2010.

CHARLIE LIEM, Interim Secretary Department of Business and

Professional Regulation

By: LeCliea 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:

7/14/10

Thomas Tibbs Bramlett

LP/pjm

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.

Docket for Case No: 12-001930