Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that all charges against Floyd E. Williams be DISMISSED. DONE and RECOMMENDED this 9th day of June, 1983 in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of June, 1983.
The Issue Whether Respondent committed the offenses alleged in the Administrative Complaint and, if so, the penalties that should be imposed.
Findings Of Fact At all times relevant to this proceeding, Respondent has been licensed by the Petitioner as an electrical contractor. Respondent holds license EC 0002526. Respondent does business as M. H. Electrical Services (M. H. Electrical) at 11512 41st Court North, Royal Palm Beach, Florida. Petitioner is the agency of the State of Florida charged with regulating the practice of construction contracting in the State of Florida pursuant to the provisions of Section 20.165, Chapter 455, and Part II of Chapter 489, Florida Statutes. On May 15, 2007, M. H. Electrical, though the Respondent, drafted a proposal for electrical services to be done on a residence being constructed by Mr. Malone. The location of the residence is 1664 88th Road North, Royal Palm Beach Acreage, Florida. The contract price totaled $5,140.00. Work on the project commenced on May 17, 2007. There were many problems with the work performed by Respondent’s company that were ultimately corrected by Mr. Malone. Respondent’s workmen installed 15 “12 gauge” wires in a 3/4 pipe underground that was inconsistent with the applicable building code. Respondent’s workmen installed a pipe running from one electrical panel to another incorrectly. Respondent’s workmen wired attic fans in a manner that overloaded an electrical panel. Respondent’s workmen installed a ground rod of only three and a half feet. The applicable building code required a ground rod of eight feet. A kick plate is a metal piece that protects electrical wires from being pierced when sheetrock is being installed. Petitioner asserted that Respondent failed to install kick plates. Respondent’s testimony established that kick plates were not necessary due to the depth of the wall studs that were utilized. Respondent’s workmen installed two wires incorrectly in the laundry room of the house. The wires were cut, which caused a fire hazard. Petitioner did not establish that Respondent’s workmen cut the wires. Respondent’s workmen failed to properly ground whirlpool tub wires for two whirlpools by failing to ground the wires to the main pipe as required by the applicable building code. The work did not progress as contemplated by Mr. Malone and by Respondent. As owner of the premises, Mr. Malone called for all inspections of the electrical work. These inspections were performed by employees of the Palm Beach County, Florida, Planning, Zoning and Building Department (the County Building Department). The following is the inspection history between May 21 and October 10, 2007: Temporary Power scheduled for May 21 was cancelled. Temporary power on May 22 passed. Rough electric on June 8 failed. Rough electric on July 9 passed. Rough electric on October 10 failed. The progress of the work was impeded for two primary reasons. First, the testimony of the Respondent, which the undersigned finds to be credible, established that on more than one occasion Mr. Malone did not have necessary materials at the building site. Second, Respondent fired the lead electrician on the subject project approximately two weeks into the project. Following communications with an employee of Florida Power and Light (FPL), Mr. Malone determined that portions of the work performed by Respondent’s employees did not meet the applicable building code. The record is not clear whether this communication occurred before or after the passed inspection on July 9. The last date on which one of Respondent’s employees worked on the project was July 23, 2007. Mr. Malone paid M. H. Electrical the full contract price on July 25, 2007. Mr. Malone and Respondent had a conversation about the communication with the FPL employee. Mr. Malone refused to tell Respondent the name of the FPL employee who stated that some of the work did not meet code. The date of this conversation was not established. Mr. Malone testified that when he paid Respondent on July 25, he believed that a list of ten items needed to be repaired. Mr. Malone further testified that he paid Respondent before these items had been repaired because he believed that Respondent would return to make all necessary repairs. The undersigned finds this testimony to be credible. As of July 25, 2007, when payment was made in full, Respondent knew or should have known that there existed on this project a list of repairs to the electrical wiring that needed to be done. After July 25, 2007, Mr. Malone made repeated efforts to contact Respondent. In response to those calls, Respondent sent an employee to the site to discuss Mr. Malone’s concerns. A locked gate prevented that employee’s entry on the building site. The date of that event was not established. On or before October 10, 2007, Mr. Malone requested another inspection from the County Building Department. That inspection failed. A failed inspection means that there were one or more deficiencies that had to be corrected before the job could progress. The inspector posted a Correction Notice, which advised that the following needed to be done before the job would be accepted: a smoke detector in the master bedroom would have to be relocated to a higher part of the ceiling; a conduit would have to be rerun (this is the deficiency described in paragraph 5 of this Recommended Order); and a ground rod would have to be replaced (this is the deficiency described in paragraph 8 of this Recommended Order). On October 11, 2007, two of Respondent’s employees went to the building site to make any needed corrections. Mr. Malone refused to let the employees on the property. Respondent did not return any of the funds paid by Mr. Malone. Respondent did not terminate the contract. Mr. Malone made all necessary electrical repairs. On April 2, 2008, the project passed final inspection.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Petitioner enter a final order finding Respondent guilty of the violation alleged in Count I of the Administrative Complaint and not guilty of the violation in Count II. It is further RECOMMENDED that for the Count I violation, the final order issue a reprimand to Respondent and impose an administrative fine against Respondent in the amount of $1,000.00. DONE AND ENTERED this 20th day of October, 2009, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of October, 2009.
Findings Of Fact On December 17, 1973, Henry Botwinick acknowledged having received from Mrs. Kane $4,000 on account for addition on the house at Northeast 11th Place, North Miami, Florida (Exhibit 8). Exhibit 3 is an application for building permit and building permit issued by the City of North Miami for the construction at the Kane residence. Attached thereto are the plans for the construction. Exhibits 4, 5, and 6 show pollution control authority for the construction, the plumbing permit, and electrical inspection permit. Subsequent thereto construction was commenced on this project. Mrs. Kane was advised that the project would be completed in 4 to 6 weeks, however, the contract was never completed. In April Mr. Botwinick came to Mrs. Kane and asked for an additional $500 to get the electrical work started and the cement foundation poured. Approximately two weeks later he again obtained from Mrs. Kane $1500 with which to pay the roofer. He advised Mrs. Kane that he had used the money, previously advanced by her for materials, on another job. Exhibit 8 indicates that payments of $500 were made on April 1, another $500 was made on April 12, and $1,500 was made on April 25, 1974. Subsequent inaction by the contractor on this project resulted in a letter (Exhibit 7) dated May 6, 1975 from Bertil Lindblad, a building official for the City of North Miami, in which he advised Mr. Botwinick that the building permit issued to him had expired for lack of progress or abandonment of the work for a period exceeding ninety days. Mrs. Kane last saw work performed by Botwinick on February 25, 1975. She made numerous telephone calls, but was unable to contact him. Subsequent to the payments made to Botwinick, Mrs. Kane has had to pay nearly $3,000 to another contractor to perform work and the project is still not completed. As of the date of hearing she requires approximately $3,000 additional work to complete this project.
Recommendation RECOMMENDED that Building Contractor's License #CBC001839 issued to Henry Botwinick, 11321 Rexmere Boulevard, Ft. Lauderdale, Florida, be revoked. DONE AND ENTERED this 18th day of March 1976 in Tallahassee, Florida. K. N. AYERS Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida
The Issue The parties stipulated that the Petitioner's financial responsibility and morals were not an issue. The only basis for the Board's denial was the Petitioner's alleged lack of experience. Petitioner and Respondent submitted proposed findings of fact which were read and considered. These proposals are discussed in detail in the Conclusions of Law.
Findings Of Fact Petitioner is presently employed as an electrical inspector for Hillsborough County, Florida. He has held this position for approximately two and one-half (2 1/2) years. He holds a master's electrician's license issued by Hillsborough County but is prohibited by terms of his employment as an electrical inspector from engaging in any electrical contracting activity. Petitioner is technically experienced as an electrician. Prior to his employment as an electrical inspector, Petitioner was employed by Mobil Chemical Company which operates several phosphate mines in central Florida. The Petitioner was employed at its Fort Meade mine. The Fort Meade mine, or plant, is a substantial operation producing approximately four (4) million tons of phosphate per year at the time when Petitioner was employed. The mining area occupies several hundred acres and the working or processing area occupies approximately ten (10) of those acres. The working area comprises of a flotation plant, a washer plant, a sizing section, a shipping area where the rock is loaded on railroad cars, a maintenance area, and an office complex. The plant ran three (3) shifts around the clock and employed approximately one hundred (100) persons. All of the major equipment to include the 30 and 40 yard draglines at the Fort Meade plant alone contained in excess of one hundred (100) electric motors each with its own fuse box and disconnect. The Petitioner was employed by Nobil Chemical Company for twenty (20) years (1962-1982); 16 years as an electrician and four years as supervisor of the electrical maintenance at the Fort Meade plant. He was responsible for all electrical repairs, maintenance, and new construction at the plant for all three shifts. His direct superior was the department chief who was in charge of all the electrical departments at all of Mobil's phosphate mining locations. Approximately twenty (20 percent) percent of the Petitioner's time was spent on new construction projects. Approximately forty (40 percent) percent of petitioner's time was spent on regular maintenance and repairs. Fifteen (15 percent) percent of the Petitioner's time was spent on emergency repairs. The remainder of petitioner's time was spent on miscellaneous projects. Petitioner supervised a staff of ten (10) men: two (2) crewmen, four linemen, and four (4) electricians. The Petitioner was responsible for estimating the cost of jobs for his immediate superior to include the cost of materials and the number of man hours. The Petitioner was responsible for counting and reporting the number of hours his employees worked in turning this information into the company's payroll section. Petitioner had the power to request overtime work for his employees and made recommendations concerning hiring and firing personnel. On new construction the Petitioner's responsibilities began with doing takeoffs from blueprints provided for the job and supervising the work through to its completion. He was responsible for the maintenance and repair of the Fort Meade facility to include small electrical motors, large electrical motors, office lighting, transformers, and the large draglines. Petitioner's experience included experience with three (3) phase electrical power, high voltage electrical service, and lower voltages used in small motors, lights and appliances. The electrical department which the Petitioner headed provided service only to Mobil's Fort Meade plant. Mobil is not an electrical contractor; however, its electrical department provided extensive services which are comparable to those an outside electrical contracting service would have provided. Although the petitioner did not prepare a payroll for those persons who he supervised, he did serve as the clerk for his church for five (5) years during which time he was responsible for preparing the payroll for the church's employees. The petitioner applied in 1982 to sit for the electrical contractor's licensing examination. His application was approved by the Respondent and the Petitioner sat for the examination on two occasions, failing both examinations. Petitioner reapplied to sit for the electrical contractor's licensing examination in 1984 and was denied by the Respondent based upon lack of satisfactory experience. The Petitioner held a responsible management position with Mobil at the Fort Meade plant as supervisor of electrical maintenance at the Fort Meade facility for four (4) years. The Petitioner never negotiated a construction contract, was never bonded as a contractor, never obtained insurance to cover his operation as a contractor, and never sought a building permit for any of the electrical work done at the Fort Meade facility.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is recommended that the Florida Electrical Contractors Licensing Board disapprove the application of Cecil U. Lane to sit for the statewide electrical contractor's license. DONE and ORDERED this 18th day of January, 1985, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of January, 1985. COPIES FURNISHED: Mr. Jerry W. Hendry Executive Director Department of Professional Regulation Division of Electrical Contractors 130 North Monroe Street Tallahassee, Florida 32301 Eric S. Ruff, Esquire Post Office Box TT Plant City, Florida 33566 Arthur C. Wallberg, Esquire Department of Legal Affairs Suite 1601 The Capitol Tallahassee, Florida 32301 Mr. Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue This is a license discipline case in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations set forth in an Administrative Complaint dated June 27, 1988. The Administrative Complaint alleges facts which are asserted to constitute violations of paragraphs (f), (i), and (l) of Section 489.533(1), Florida Statutes. All parties presented evidence at the hearing. Following the hearing the parties were afforded an opportunity to file proposed recommended orders. The Petitioner filed a proposed recommended order, which has been considered during the preparation of this recommended order. The Respondent did not file any post-hearing documents. The findings of fact proposed by the Petitioner are specifically addressed in the appendix to this recommended order.
Findings Of Fact Based on the evidence received at the hearing, I make the following findings of fact. At all times material to this case, the Respondent, Mr. Kenneth L. Smith, was licensed by the Electrical Contractors Licensing Board and held license number ER 0004954. At all times material to this case, the Respondent was also licensed as a plumbing contractor. The Respondent did not, at any time material to this case, hold any license that allowed him to contract for or perform concrete work. A number of years ago the Respondent formed a corporation named Home Maintenance Corporation and did business under that name. The corporation was dissolved a couple of years ago. The dissolution took place prior to October of 1987. The Respondent never registered the fictitious name Home Maintenance with the Electrical Contractors Licensing Board. In October of 1987, the Respondent entered into a contract with Mr. Eugene J. Dupree, Sr., to do the plumbing rough-in and the electrical rough-in on a residence. In October of 1987, the Respondent also entered into a contract with Mr. Dupree to frame up and pour the concrete slab for the same residence. The Respondent entered into all of these contracts using the fictitious name Home Maintenance. In addition to the fictitious name, Home Maintenance, the business forms used by the Respondent also had his correct name printed on them. The Respondent did the concrete work for which he had contracted with Mr. Dupree and received payment for that work. The concrete work was poorly done. Among other things, the slab was sixteen inches out of square. Because of the slab being out of square, it was necessary for the owner to spend additional money to correct the problems with the slab. The manner in which the slab was poured constitutes both gross negligence and gross incompetence.
Recommendation On the basis of all of the foregoing, it is recommended that the Electrical Contractors Licensing Board issue a final order to the following effect: Dismissing the charges that the Respondent violated paragraphs (f) and (i) of Section 489.533(1), Florida Statutes; Finding the Respondent guilty of violating paragraph (l) of Section 489.533(1), Florida Statutes; and Imposing a penalty consisting of a reprimand and an administrative fine in the amount of one hundred ($100.00) dollars. DONE AND ENTERED this 14th day of April, 1989, at Tallahassee, Florida. Michael M. Parrish, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1500 Filed with the Clerk of the Division of Administrative Hearings this 14th day of April, 1989 COPIES FURNISHED: John E. Jordan, Esquire Woolfork, Estes and Keough, P.A. 131 Park Lake Street Post Office drawer 3751 Orlando, Florida 32802 Mr. Kenneth L. Smith Post Office Box 1112 Roseland, Florida 32957 Bruce D. Lamb, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32399-0750 Pat Ard, Executive Director Electrical Contractors Licensing Board 130 North Monroe Street Tallahassee, FL 32399-0750 APPENDIX The following are my specific rulings on all proposed findings of fact submitted by all of the parties. Findings proposed by Petitioner: Paragraph 1: Rejected as subordinate and unnecessary details. Paragraph 2: Accepted. Paragraph 3: Accepted in substance. Paragraph 4: Accepted. Paragraph 5: Rejected as subordinate and unnecessary details commenting on the evidence. Paragraph 6: Accepted in substance, but many proposed details omitted as subordinate and unnecessary. Paragraphs 7 and 8: Accepted that the Respondent entered into a contract to form up and pour the slab. The remainder is rejected as subordinate and unnecessary details. Paragraphs 9, 10, and 11: Rejected as subordinate and unnecessary details. Paragraph 12: Accepted in substance, with most proposed details omitted as subordinate and unnecessary. Paragraph 13: Rejected as irrelevant inasmuch as the Administrative Complaint contains no charges regarding the quality of the plumbing installation. Findings Proposed by Respondent: (None)
Findings Of Fact The Petitioner is General Manager and President of Modern Air Conditioning, Inc., (hereafter "Modern Air" or "Corporation"), and R. L. Anderson, Inc., Mechanical Contractors. He has held these positions with Modern Air since April 1965. The Petitioner has held journeyman's cards in air conditioning, as well as union structural iron worker's, competency and electrical journeyman szzz cards. The Petitioner has been a member of several municipal and county licensing boards and is presently serving a third term on the Florida Construction Industry Licensing Board. Modern Air is or has been licensed as an electrical contractor in Lee, Charlotte, Glades, Collier, Hendry, and Sarasota counties and the cities of Sanibel, Naples, and Punta Gorda. Modern Air employs six full-time and three part-time journeymen electricians. Among the representative electrical contracting jobs which the Corporation has performed over the past three years are wiring schools, homes, condominiums, and small commercial businesses. In addition to air conditioning and rewiring, the Corporation employs individuals to perform plumbing and insulating work. Modern Air is a solvent corporation with assets in excess of one and a half million dollars. Its net income for 1978 was $118,967.00. Corporate retained earnings for March 31, 1977 through 1978 were $463,936.00. The Corporation is bonded with the American Insurance Company for one million dollars per single occurrence with a three million dollar maximum limit. Modern Air and Petitioner have high credit ratings and enjoy excellent reputations in the community. On December 18, 1978, Petitioner submitted an application to the Florida Electrical Contractor's Licensing Board to sit for the state electrical contractors examination in his capacity as qualifying agent for Modern Air. By letter dated March 15, 1979, the Board, upon the advice of its application committee and through its executive director, denied Petitioner's application. The denial was due to Petitioner's failure to demonstrate "unlimited" experience in the field of electrical contracting. At the hearing Petitioner explained the experience portion of his application and particularly the method which he used to demonstrate the value of each particular job listed. For example, as to one job, Collier County Public Schools, the value listed on the application was $33,000 yet the actual value of the total job to Modern Air was in excess of a quarter of a million dollars. The $33,000 was solely electrical with the rest being subcontracted while Modern Air remained prime contractor. The job information furnished which included auditoriums, cafeterias, gymnasiums, industrial arts labs, and homes was noted on the application as being indicative or representative of the corporate activity over the preceding three years. During the hearing, the Board's expert witness stated that if he had served on the application committee he would have returned the application and requested additional information in order to determine qualifications rather than simply deny the application.
Findings Of Fact At all times relevant thereto, respondent, Benjamin R. Newbold, Jr., held registered electrical contractor license number ER 0001170 issued by petitioner, Department of Professional Regulation, Florida Electrical Contractors Licensing Board. He was granted registration in September, 1974 after evidencing competency in Metropolitan Dade County. His present address is Route 3, Box 839, Silver Springs, Florida. He also holds a registered electrical contractor's license with the City of Ocala and, as such, is authorized to pull permits and perform electrical work within that city. At all times relevant thereto, respondent, Edward I. Hammond, held registered electrical contractor license number ER 0003860 issued by petitioner. Hammond was granted registration in September, 1975 after evidencing competency in Marion County, Florida. However, Hammond is not qualified to perform electrical work within the City of Ocala since he had not obtained the required certificate of competency. His present address is 2529 Northeast 6th Street, Ocala, Florida. Section 2.63 of the Ocala City Code provides in part that "no person shall engage in said businesses or occupations (of a contractor) in the city until such person shall have first stood a satisfactory examination before the examining board as to his qualifications and fitness to engage in such occupation or business." On or about March 22, 1983, Drake Contracting Company, a construction firm in Oca1a, Florida, entered into a contract with H & H Electrical Contractor Company (H & H), an electrical firm in Silver Springs, Florida, wherein H & H would perform the electrical work on a construction project for Caviness Buick, 2060 Southwest College Road, Ocala, Florida. The agreed-upon price was $42,113. Hammond was the owner of H & H. In order to perform the work required in the above contract, it was necessary that the person doing the work be certified by the City of Ocala. On April 7, 1983, Newbold filed an application for an electrical permit with the City of Ocala to perform the work on the Caviness Buick project. The application did not reflect that H & H was associated in any respect with the job. Thereafter, on April 13, the City code enforcement officer learned through a telephonic complaint that H & H had no certificate of competency. On April 19, the officer contacted Hammond on the job site to advise him that H & H was in violation of the City code and that he could not perform the job. After being told their endeavors were illegal, respondents entered into a written "joint venture" on April 21, 1983, and agreed to work jointly on the Caviness Buick project and split the profits, if any. Newbold was to be in charge of supervising the employees on the job. Newbold had qualified for a certificate of competency with the City in 1978. Using that certificate, he filed an application for contractor's certificate with the City on May 4, 1983 seeking to qualify H & H. This application was apparently granted by the City shortly thereafter. From that point on, H & H was qualified to contract electrical work within the City. Respondents contended that an informal agreement between the two existed prior to obtaining the contract to do the job and that it was formalized in writing after the City made its complaint.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent Newbold be found guilty of violating Subsections 489.533(1)(k), Florida Statutes, and that a $100 fine be imposed for such conduct, the fine to be paid within thirty (30) days from date of final order in this cause. It is further RECOMMENDED that respondent Hammond be found guilty of violating Subsection 489.513(4), Florida Statutes, and that a $200 fine be imposed for such conduct, the fine to be paid within thirty (30) days from date of final order in this cause. DONE and ORDERED this 8th day of November, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of November, 1983. COPIES FURNISHED: Charles Tunnicliff, Esquire 130 North Monroe Street Tallahassee, Florida 32301 Mr. Benjamin R. Newbold, Jr. Route 3, Box 830 Silver Springs, Florida 32688 Mr. Edward I. Hammond 2529 Northeast 6th Street Ocala, Florida 32670 Mr. Alan R. Smith Executive Director Florida Electrical Contractors Licensing Board 130 North Monroe Street Tallahassee, Florida 32301 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue The primary issue for determination in this case is whether Respondent, Bruce P. Boston, engaged in the unlicensed practice of electrical contracting in the State of Florida without being certified or registered in violation of Chapter 489, Part II of the Florida Statutes; and secondarily, if Respondent committed that violation, what penalty should be imposed?
Findings Of Fact The Department of Business and Professional Regulation (Petitioner) is a state agency charged with the duty and responsibility of regulating the practice of electrical contracting in the State of Florida. Respondent's address is 18204 Southwest 200 Street, Archer, Florida 32618. At no time material hereto was Respondent certified or registered in the State of Florida to engage in the practice of electrical contracting or to perform electrical contracting work. Mrs. Dawn Wingert is the owner of the residence located at what is currently designated as 16675 Southwest 143rd Avenue, Archer, Florida. Mrs. Wingert, as lawful owner, had the authority to enter contracts regarding the residence. The Wingert residence was previously known as 110 Park Avenue, Archer, Florida, prior to the assignment of the current address. Wingert entered into a contract with Respondent to perform construction of a carport and perform electrical contracting work at Wingert’s residence subsequent to assignment of the address of 110 Park Avenue, Archer, Florida. Respondent received compensation for the contracted work directly from Wingert via personal check, which Respondent then cashed. Terry Vargas, a licensed electrical contractor having been issued license number ER 13012448, was subsequently contacted by Respondent to perform the electrical contracting work at the Wingert residence. Vargas installed an electrical outlet on the back porch, put a flood light on the back porch, moved the switch board to a more convenient location, and put a security light in the front of Wingert’s residence. All work required electrical fixtures to be permanently affixed and become a permanent part of the structure of the Wingert residence. Although Vargas completed the electrical contracting work at the Wingert residence, Wingert paid the Respondent for the services because the work was contracted for through Respondent. At no time pertinent to this matter did Terry Vargas contract with Wingert to complete the electrical services enumerated above. After he completed the work at Wingert’s residence, Vargas invoiced Respondent for the electrical contracting work. Respondent, however, refused to pay Vargas for the electrical contracting work performed, despite having received compensation for the work from Wingert.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED that Petitioner enter a final order, in accordance with Section 489.533(2)(c), Florida Statutes, requiring that Respondent pay an administrative fine in the amount of $5,000.00 to the Department of Business and Professional Regulation. DONE AND ENTERED this 20th day of February, 2007, in Tallahassee, Leon County, Florida. S DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of February, 2007. COPIES FURNISHED: Bruce P. Boston Post Office Box 331 Williston, Florida 32696 Drew F. Winters, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Nancy S. Terrel, Hearing Officer Office of the General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Josefina Tamayo, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
