Findings Of Fact The Respondent, Joseph B. Smith is the holder of a registered electrical contractor's license, number ER 0007369, issued by the State of Florida. During the month of May, 1981, the Respondent obtained an electrical permit for work on apartments located at the corner of Stockton and Forbes Streets, in Jacksonville, Florida. The work was contracted for by Ronnie D. Norvelle. Gary Moore performed the electrical work on the project. Neither of these men was employed by or under the supervision of the Respondent. On March 3, 1982, the Construction Trades Qualifying Board for the City of Jacksonville, Florida, directed that a letter of reprimand be placed in the Respondent's permanent record. The basis for the action taken by the Construction Trades Qualifying Board for the City of Jacksonville, Florida, was the violation of Section 950.111(a), Code of Ordinances of the City of Jacksonville.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that license number ER 0007369 held by the Respondent, Joseph B. Smith, be revoked. THIS ORDER ENTERED this 28th day of June, 1983, in Tallahassee, Florida. WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of June, 1983. COPIES FURNISHED: Stephanie A. Daniel, Esquire 130 North Monroe Street Tallahassee, Florida 32301 Mr. Joseph B. Smith 6335 Park Street Jacksonville, Florida 32205 Allen R. Smith, Jr., Executive Director Electrical Contractors Licensing Board 130 North Monroe Street Tallahassee, Florida 32301 Fred M. 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
Findings Of Fact The Respondent, Claude Janson, is a registered electrical contractor. He holds license number ER005208 and is the qualifying agent for J.R. Electric, Inc., which is the firm under which he practices electrical contracting. The Petitioner is an agency of the State of Florida charged with enforcing the licensure and practice standards embodied in Chapter 489, Florida Statutes, and related rules as they relate to electrical contractors. At all times material hereto Bob Sangelo was not licensed as an electrical contractor. The Respondent was aware that Sangelo was not so licensed. On or about April 27, 1984, the Respondent authorized Sangelo, who was then unlicensed, to obtain electrical contracting permits on behalf of the Respondent's firm, J.R. Electric, Inc., from the Cape Coral, Florida building department. On or about January 15, 1985, Sangelo, d/b/a Sangelo's Electric, submitted a written bid proposal to Mr. Bill Sutherland to perform electrical contracting at Sutherland's residence In Cape Coral, Florida. The two parties agreed to a contract price of $1750 for the work. Thereafter on February 28, 1985, Sangelo submitted a second written proposal containing revisions to the proposed contract, and work to be done, which provided for a contract price of $1875. All negotiations leading to the contract for the electrical work occurred between Sangelo and Sutherland. Sutherland had no contact with the Respondent, Claude Janson, and at the time did not even know him. The Respondent provided no assistance and had no part in the preparation of the estimate or bid involved in the performing of the electrical contracting work for Mr. Sutherland. The electrical work proposed to be performed by Sangelo required an electrical permit to be obtained by a licensed electrical contractor from the City of Cape Coral. On March 8, 1985, Sangelo obtained the electrical permit numbered 0329685 from the City of Cape Coral using the firm name J.R. Electric, and the contracting license number ER005208. The permit was for the electrical work to be performed by Sangelo for Mr. Sutherland at his residence, but the permit was issued because of Sangelo's representation that the contractor would be J.R. Electric, Inc., using the Respondent's license number. Sangelo Electric was never qualified by the Respondent as a business entity under which he practiced electrical contracting under his own license. Sangelo Electric was Bob Sangelo's independent business with no connection, other than friendship, with the Respondent or the Respondent's electrical contracting business. The Respondent and Sangelo had an informal friendly relationship in which Sangelo would help the Respondent with his electrical contracting jobs in exchange for the Respondent referring him electrical service work. Sangelo did not receive an hourly wage from the Respondent and the informal friendly relationship was never reduced to writing. Sangelo was not a regular employee of the Respondent, but rather functioned much like a subcontractor. The Respondent had previously authorized Sangelo to obtain electrical permits on the behalf of and in the name of the Respondent and J.R. Electric, Inc., the Respondent's firm. The Respondent was also aware that Sangelo did electrical contracting work on his own without being licensed.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses and the pleadings and arguments of the parties, it is RECOMMENDED that the Respondent be found GUILTY of the violations as charged in the Administrative Complaint and that he be fined the sum of $1,000. DONE and ORDERED this 18th August, 1986 in Tallahassee, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of August, 1986. COPIES FURNISHED: Charles F. Tunnicliff, Esq. Senior Attorney Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Claude Janson 925 Country Club Boulevard Cape Coral, Florida 33904 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Pat Ard, Executive Director Board of Electrical Contractors Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Wings Slocum Benton General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Petitioner has been employed for several years as Projects Manager for Fred McGilvray, Inc., a large general and mechanical contracting firm. He is licensed by the Construction Industry Licensing Board as a certified mechanical contractor and as a certified general contractor, but he has never been licensed as an electrical contractor in Florida or any other State, or in any county or municipality in Florida. Petitioner submitted to the Board with his application for statewide certification as an electrical contractor, a list of jobs which he supervised in his capacity as Projects Manager for Fred McGilvray, Inc. Petitioner did not obtain any electrical permits for these jobs. All of the electrical work was subcontracted to electrical contractors except for some occasions when the job involved maintenance work that did not require an electrical permit. Under the terms of the electrical subcontracts entered into by petitioner's employer and the electrical subcontractors, the responsibility for the performance of the electrical work vested with the electrical contractor and not petitioner. In addition, the legal responsibility to ensure that the electrical work complied with all applicable local safety codes vested with the electrical contractor. Accordingly, the job functions performed by petitioner are not equivalent to those performed by an electrical contractor.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the petition of B. J. Geissinger be dismissed. THIS RECOMMENDED ORDER entered on this 23rd day of October, 1980. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of October, 1980. COPIES FURNISHED: Jeffrey C. Coon and Steven M. Robey, Esquires Suite 40 8585 Sunset Drive Miami, Florida 33143 Patricia R. Gleason, Esquire Assistant Attorney General The Capitol Tallahassee, Florida 32301
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 A.P. Jerguson III is the sole shareholder of Jerguson Electric, Inc., applicant herein, and is the qualifying agent for the applicant. He has been a master electrician in Dade County since 1972 and formed his own electrical company in October, 1972. Prior to obtaining his master's license he was employed by L & M Electric Company and Lund Electric Company. While working for the latter contractor he was electrical foreman on the construction of a Holiday Inn at 79th Street Causeway in Miami. Since forming his own business Jerguson has performed all types of electrical work from equipment installation to electrical wiring. After forming Jerguson Electric he made little or no money the first two years. During the past two years the company made approximately $4,000 net profit each year after paying to the sole shareholder some $18,000 annual salary. In 1975 the applicant did approximately $66,000 in gross sales. The credit information submitted on both Jerguson and the applicant contains no adverse comments and shows both Jerguson and Jerguson Electric to pay bills promptly, have no judgments against them and to be currently solvent. Representative jobs performed by applicant are contained in Exhibit 1. These show routine wiring jobs, commercial and residential electrical work, and freezer and air-conditioning installations. These jobs varied between $500 and $8,000 in price and totaled some $60,000 over a three year period. However, as seen from the financial statement for 1975, where the total work performed amounted to some $66,000 these were representative jobs over the three year period and not all jobs performed during this three year period as the form on which they were submitted seems to indicate. At the hearing Respondent stipulated that the qualifying agents' qualifications were not in question and that the agent was denied the right to take the examination because the applicant did not show enough major jobs to demonstrate its qualification and business experience in handling large jobs. The Executive Director of the Board further testified that upon this basis the Board would deny certification of any new business organization, regardless of the expertise of its qualifying agent or agents and the financial status of the organization, simply because the new business could not show a sufficient number of jobs completed. Apparently if the qualifying agent had previously been certified by the board a new business could be certified pursuant to the provisions of Rule 21GG-2.01(2) F.A.C.
The Issue The issue in this case is whether the City of Tampa (Respondent) unlawfully discriminated against Royce A. Pauley (Petitioner), based upon race, by failing to promote him to the position of "electrical inspector I" in November, 1987.
Findings Of Fact Petitioner, a white male, began employment with Respondent as a "maintenance repairer II" on March 3, 1987. Respondent is an employer within the terms of the Florida Human Rights Act of 1977, as amended, found at Sections 760.01 through 760.10, Florida Statutes. In filling positions within its various departments, Respondent follows a uniform system which is initiated by completion of Form 263, entitled "Request for Position Change", by the department that has a position vacancy. The department identifies the positon it has available, as well as its requirements, and then forwards Form 263 to the Budget Office for authorization. Finally, it is forwarded to the Personnel Division for its approval, and for the preparation of a list of eligible employees from persons who have an application on file. The Personnel Division sends Form 263 back to the requesting department for that department to conduct interviews and to make the hiring decision. Part III of Form 263 contains a place for the EEO Office to note "underutilization" derived from a statistical comparision, based upon race and sex, of individuals in positions with the Respondent's "expectations" for a particular job classification. The underutilization notation "1 B/M" means that the EEO Office has determined that there is an underutilization of one black male for the vacancy being advertised. On or about September 11, 1989, the Respondent advertised a "current opening" for the position of "electrical inspector I" (Position 2601), in response to which the Petitioner timely filed an employment application. Other applicants for this position included Alfred Trujillo, a hispanic male, John Michael, a white male, and Wayne Shabazz, a black male. The Form 263 for this position was approved by the Personnel Division and returned with a list of eligibles, including Petitioner, Trujillo, Michael and Shabazz, and with the notation, "EEO Underutilization, 1 B/M". Trujillo was selected for this position and was offered employment with Respondent. He initially accepted, and passed his physical examination. However, before beginning his employment, Trujillo decided to decline this position. Thereafter, Michael was offered the position, but he also declined due to a schedule conflict with a course he was teaching in St. Petersburg at the time. After further considering the remaining applicants, Shabazz was selected for, and accepted, this position. On or about April 5, 1988, Petitioner filed a complaint of discrimination with the Florida Commission on Human Relations against Respondent alleging that he had not been selected for promotion to the position of "electrical inspector I" due to his race. Petitioner is white, and he contends that Shabazz, who is black, was selected for this position because of his race due to the Respondent's designation of this position as "EEO Underutilization, 1 B/M". Petitioner's position is that this underutilization notation indicates that the Respondent had predetermined that it would only hire a black male for this position. After investigation, the Executive Director of the Commission made a determination of "no cause" concerning Petitioner's complaint, on or about December 28, 1988. However, a supplemental investigation was conducted by an investigative specialist with the Commission who determined, on or about May 11, 1989, that Respondent's stated position with regard to Shabazz's selection was pretextual and racially motivated. Petitioner has filed a Petition for Relief alleging discrimination by the Respondent in employment practices based on race, and this matter was referred to the Division of Administrative Hearings by the Commission for formal hearing. While Trujillo, Michael and Shabazz were interviewed by Nick D'Andrea, Manager of Inspectional Services, and Chris E. "Gene" Scaglione, Chief Electrical Inspector, for this position of "electrical inspector I", Petitioner was not. This was due solely to the fact that Petitioner had been interviewed by D'Andrea and Scaglione within the prior six months when Petitioner applied for the position of Chief Electrical Inspector, for which he was not selected. During this previous interview, Petitioner had been asked specific questions about his knowledge of the electrical code book (Book 70, National Fire Protection Association Manual). Petitioner did not demonstrate to D'Andrea or Scaglione a sufficient knowledge of the electrical code, and lacked the ability to fully and correctly answer questions about the code which were posed to him by Scaglione, who has approximately 37 years of electrical experience. Scaglione determined from a review of previous employment which Petitioner showed on his application for this position, as well as his answers to questions in his interview for the Chief Electrical Inspector position, that Petitioner did not have a minimum of ten years experience in electrical contracting required for all electrical inspector positions by Section 553.22(3), Florida Statutes. No affirmative contacts were made by Respondent's representatives to Petitioner's previous employers to verify his prior electrical experience prior to their decision to offer the "electrical inspector I" position to Trujillo, Michael and Shabazz, rather than Petitioner. However, no efforts were made to verify any of these other applicants' prior experience either. Scaglione and D'Andrea took the prior experience listed by all applicants on their applications at face value, and made no attempts to contact previous employers. Petitioner was treated no differently than other applicants in this regard. Specifically, Petitioner was not credited for his prior experience with the Navy Seabees, Compton Electric of Huntington, West Virginia, Harris-McBurney Telephone Contractors, and as qualifier for All-Pro Electric of St. Petersburg. Scaglione's decision to exclude this prior experience was based upon Petitioner's answers to questioning about this experience in his interview for the Chief Electrical Inspector position, and also upon Scaglione's knowledge of the telephone industry, which is considered to be separate and distinct from electrical contracting. His decision to exclude Petitioner's experience with All-Pro was based on the fact that Petitioner admitted All-Pro did not do much work, and also because he was working full time with the Respondent at the same time he listed All-Pro as an employer. Without credit for these prior jobs, Petitioner had only approximately 80-90 months prior electrical experience, rather than the required 10 years, or 120 months. Shabazz's answers to questions posed to him about the electrical code during his interview exhibited a working knowledge of the code, and an ability to communicate his knowledge. Previous employment shown by Shabazz on his application totaled more than ten years of electrical contracting experience, and based upon his answers to questions in his interview, as well as his previous experience, Shabazz was chosen over Petitioner after Trujillo and Michael declined the position. At the time Shabazz was selected for this position, neither Scaglione nor D'Andrea understood what the terms "underutilization" or "1 B/M" on Form 263 meant. In addition, the evidence is uncontroverted that such notations are advisory only, and there was no effort by anyone in the Personnel Division, or elsewhere in the employ of the Respondent, to counsel or instruct Scaglione or D'Andrea to hire a black male for this position of "electrical inspector I". In fact, they initially offered the position to Trujillo, a hispanic male, and when he declined, they offered the position to a white male, Michael. It was only after these two individuals declined this position that they offered it to Shabazz, a black male. Their decision was based solely upon Shabazz's superior knowledge of the electrical code, as demonstrated in his interview, when compared with the knowledge Petitioner demonstrated in his previous interview within the past six months, and Shabazz's ten years of electrical experience as shown on the face of his application as compared with Petitioner's failure, on the face of his application, to meet the ten year experience requirement. Neither Shabazz nor Petitioner were certified as electrical contractors in Hillsborough County, where the City of Tampa is located, but possession of such certification was not a prerequisite for this position, as long as the person hired obtained certification within a prescribed period of time after being hired. Thus, race was not the reason Shabazz was selected for this position over Petitioner. The Petitioner stipulated at hearing that he is no longer pursuing his charge of retaliation, and no evidence in support of said claim was offered. In April, 1988, Petitioner applied for the position of "electrical inspector II" with the Respondent. As part of the selection process for this position, D'Andrea did telephone some of Petitioner's listed references, as he also did with the successful applicant, Fred Martin, a black male. This was a change in the procedure used to evaluate an applicant's prior experience from the process used when Petitioner applied for the position at issue in this case.
Recommendation Based upon the foregoing, it is recommended that the Florida Commission on Human Relations enter a Final Order dismissing Petitioner's charge of discrimination against Respondent. DONE AND ENTERED this 31st day of January, 1990, in Tallahassee, Florida. DONALD D. CONN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Filed with the Clerk of the Division of Administrative Hearings this 31st day of January, 1990. COPIES FURNISHED: Gardner W. Beckett, Jr., Esquire 123 Eighth Stret North St. Petersburg, FL 33701 Thomas M. Gonzalez, Esquire James M. Craig, Esquire P. O. Box 639 Tampa, FL 33601 Margaret A. Jones, Clerk Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, FL 32399-1925 Dana Baird, General Counsel Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, FL 32399-1925 Donald A. Griffin Executive Director Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, FL 32399-1925 APPENDIX (DOAH CASE NO. 89-4387) Rulings on the Petitioner's Proposed Findings of Fact: Adopted in Finding of Fact 1. Adopted in Finding of Fact 6. Adopted in Finding of Fact 7. 4-5. Adopted in Findings of Fact 2, 7, 9, and 11, but otherwise Rejected as immaterial. 6. Rejected as irrelevant and immaterial. 7-8. Adopted in Findings of Fact 3, 4, 6 and 11, but otherwise Rejected as immaterial. 9-10. Rejected as simply a restatement or summary of evidence and not a proposed finding of fact. Adopted in Finding of Fact 4, but otherwise Rejected as simply a summation of testimony and evidence. Rejected as irrelevant based upon Finding of Fact 12, and otherwise as immaterial and unnecessary. Rejected in Findings of Fact 8, 10 and 11, and also as speculative and as simply a statement from the evidence rather than a proposed finding of fact. Adopted in part in Finding of Fact 8, but otherwise Rejected as immaterial and irrelevant. Rejected as a partial excerpt from the record and not a proposed finding of fact. Adopted in Findings of Fact 2, 11, but otherwise Rejected as simply a summation of testimony and evidence in the record. Rejected as simply an excerpt of testimony and not a proposed finding of fact. Adopted in Finding of Fact 13, but otherwise Rejected as immaterial and unnecessary. Rejected as immaterial and irrelevant to the issue in this case regarding alleged discrimination in hiring to fill position number 2601, and as incompetent to prove any alleged pattern of discriminatory hiring practices. Adopted in Findings of Fact 2, 11. Rulings on the Respondent's Proposed Findings of Fact: Adopted in Finding of Fact 1. Adopted in Finding of Fact 2. 3-4. Rejected as unnecessary. 5-6. Adopted in Finding of Fact 2. 7. Adopted in Finding of Fact 1. 8-10. Adopted in Findings of Fact 6, 7. 11. Adopted in Finding of Fact 8. 12-16. Adopted in Findings of Fact 7, 9. Rejected as unnecessary Adopted in part in Finding of Fact 9. 19-20. Adopted in Finding of Fact 6. 21-22. Adopted in Finding of Fact 3. 23. Adopted in Findings of Fact 6, 8. 24-26. Adopted in Finding of Fact 4. 27-33. Adopted in Findings of Fact 10, 11. 34-35. Adopted in Finding of Fact 13.
Findings Of Fact Petitioner graduated from a technical high school in Massachusetts and studied electricity at the Wentworth and Coyne Institutes. He served a three year apprenticeship and subsequently obtained the Massachusetts journeyman and master electrician licenses. He entered the electrical contracting business in 1960 and thereafter engaged in commercial, industrial, and residential electrical contracting work in Massachusetts. All projects were completed without default. Petitioner moved to Florida one year ago intending to set up an electrical contracting business here. However, Respondent denied his application for licensure by endorsement and he has deferred his business plans until the licensing issue is resolved.
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition of Robert F. Toscano for licensure as an electrical contractor by endorsement be denied. DONE AND ENTERED this day of March, 1981 in Tallahassee, Leon County, Florida. R. T. CARPENTER Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6 day of March, 1981. COPIES FURNISHED: Susan Tully, Esquire Assistant Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32301 Mr. Robert F. Toscano Post Office Box 1563 Belleview, Florida 32620
The Issue At issue is whether Respondent committed the offenses set forth in the Administrative Complaints and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, the Department of Business and Professional Regulation (Department), is the state agency charged with the duty and responsibility of regulating the practice of contracting and electrical contracting pursuant to Chapters 20, 455, and 489, Florida Statutes. At all times material to the allegations of the Administrative Complaints, Lamar "Marty" Campbell was not licensed nor had he ever been licensed to engage in contracting as a State Registered or State Certified Contractor in the State of Florida and was not licensed, registered, or certified to practice electrical contracting. Mr. Campbell readily acknowledges that he has not had training or education in construction or contracting and has never held any licenses related to any type of construction or contracting. At all times material to the allegations of the Administrative Complaints, Johnston Handyman Services did not hold a Certificate of Authority as a Contractor Qualified Business in the State of Florida and was not licensed, registered, or certified to practice electrical contracting. Respondent, Lamar Campbell, resides in Gulf Breeze, Florida. After Hurricane Ivan, he and his roommate took in Jeff Johnston, who then resided in Mr. Campbell's home at all times material to this case. Mr. Johnston performed some handywork in Respondent's home. Mr. Johnston did not have a car, a bank account, or an ID. Mr. Campbell drove Mr. Johnston wherever he needed to go. At some point in time, Mr. Campbell drove Mr. Johnston to obtain a handyman's license in Santa Rosa County. Mr. Campbell did not apply for the license with Mr. Johnston and Mr. Campbell's name does not appear on this license. The license is in the name of Johnston's Handyman Services. Mr. Campbell is a neighbor of Kenneth and Tracy Cauley. In the summer of 2005, which was during the period of time when Mr. Johnston resided in Mr. Campbell's home, the Cauleys desired to have repairs done on their home to their hall bathroom, master bathroom, kitchen and laundry room. With the help of Mr. Campbell and others, Mr. Johnston prepared various lists of repairs that the Cauleys wanted performed on their home. In August 2005, Mr. Johnson and Mr. Campbell went to the Cauley's home and the proposed repairs were discussed with the Cauleys. There are documents in evidence dated August and October, 2005, which the Cauleys perceive to be contracts for the repairs to be done in their home. However, these documents are not contracts but are estimates, itemizing both materials and labor. The documents have the word "Estimate" in large bold type at the top and "Johnston Handyman Services" also at the top of the pages. The list of itemized materials includes electrical items, e.g., light fixtures and wiring. Also in evidence are documents dated August and October, 2005, with the word "Invoice" in large bold letters and "Johnston Handyman Services" at the top of the pages. Both Mr. and Mrs. Cauley acknowledge that Mr. Johnston performed the vast majority of the work on their home. However, at Mr. Johnston's request, Mr. Campbell did assist Mr. Johnston in working on the Cauley residence. Between August 5, 2005, and October 11, 2005, Mrs. Cauley wrote several checks totaling $24,861.53. Each check was written out to Marty Campbell or Lamar Campbell.1/ Mr. Campbell acknowledges endorsing these checks but asserts that he cashed them on behalf of Mr. Johnston, who did not have a bank account or identification, and turned the cash proceeds over to Mr. Johnston. Further, Mr. Campbell insists that he did not keep any of these proceeds. The undersigned finds Mr. Campbell's testimony in this regard to be credible. Work on the project ceased before it was finished and Mr. Johnston left the area. Apparently, he cannot be located. The total investigative costs, excluding costs associated with any attorney's time, was $419.55 regarding the allegations relating to Case No. 06-2764, and $151.25 regarding the allegations relating to case No. 06-3171, for a total of $570.80.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That the Department of Business and Professional Regulation enter a final order imposing a fine of $1,000 for a violation of Section 489.127(1), Florida Statutes; imposing a fine of $500 for a violation of Section 489.531(1), Florida Statutes, and requiring Respondent, Lamar Campbell, to pay $570.80 in costs of investigation and prosecution. DONE AND ENTERED this 9th day of March, 2007, in Tallahassee, Leon County, Florida. S BARBARA J. STAROS 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 9th day of March, 2006.
