Findings Of Fact Petitioner Luther E. Council, Jr., who is now 32 years old, is no stranger to the business of contracting. His father, Luther E. Council, Sr., began instructing him in the trade when Petitioner was approximately 10 years old. Mr. Council, Sr. operates Council Brothers, Incorporated, a commercial plumbing, heating and air conditioning contracting firm. From July 1969 until July 1973 Petitioner was employed as a plumber by Prescott Plumbing Company in Tallahassee, Florida. His duties included assembling and repairing pipes and fixtures for heating, wastewater, and drainage systems according to specifications and plumbing codes. In September 1973 Petitioner entered the United States Navy where he served as an aviation electrician. He attended numerous training schools including electrical, electronics, and avionics schools at the Naval Air Station in Memphis, Tennessee, and at the Naval Air Station at Cecil Field, Jacksonville, Florida. This instruction included over 1,500 hours of classroom time. After two years of service he was honorably discharged. Upon his discharge from the Navy in 1975, Petitioner went to work for Litton Industries at their Ingalls Shipyard in Pascagoula, Mississippi. He began in the position of Maintenance Electrician B but was promoted to Journeyman in less than six months. After approximately one and a half years at Ingalls Petitioner was hired at Brown & Root Construction Company as a Journeyman Electrician on their electrical termination crew. In that position he was responsible for the termination of all electrical equipment in the steam power plant for Mississippi Power Company. He remained in that position until the plant was shut down. Petitioner then returned to Ingalls where he was a Maintenance Electrician on the automated equipment crew. He maintained and repaired equipment such as boilers, welding machines, x-ray machines, air compressors, bridge cranes, communications equipment, sheet metal shop equipment, and fire and security alarm systems. This period of employment was from July 8, 1976 until February 2, 1977. Thereafter Petitioner was again employed by Brown & Root Construction Company, this time in Axis, Alabama. In his position as Work Leaderman Electrician (assistant foreman) he was responsible for the construction, installation, and termination of all electrical equipment for a particular utilities area at the Shell Chemical Plant. He worked on equipment such as boilers, air compressors, water treatment facilities, pump motors, hot oil furnaces instruments, monitoring and control panels, and incinerators with a crew of up to 18 men. Petitioner did not have a foreman but was directly responsible to the project superintendent. From June 1978 until June 1979 Petitioner was employed as an electrician by Union Carbide in Theodore, Alabama. As the only electrician on duty at night, Mr. Council was responsible for the electrical maintenance of all machinery ranging from the power plant distribution system to overhead bridge cranes to small electronic devices. Included within his responsibilities were maintaining air conditioning systems, interior and exterior lighting systems, and repairing huge sandblasting equipment. Upon completion of his work for Union Carbide he returned home to Council Brothers, Inc. Since his return to Council Brothers in June of 1979 Petitioner has had a variety of responsible duties. His functions can be placed in two categories: roving foreman and estimator. Council Brothers is a mechanical contractor with a gross profit of over 1.1 million dollars for the year 1983. Some of the firm's recent projects include installing heating, ventilation and air conditioning (HVAC) equipment at several local high schools; pressurizing the stairwells and elevator shafts in the State Capitol building, modification of HVAC systems at several state office buildings in Tallahassee, Florida, and renovation work at the State Hospital in Chattahoochee, Florida. As an estimator Petitioner supervises the project design and is responsible for the firm's mechanical contracting projects. On most of its projects Council Brothers is the general contractor for the mechanical work. It then subcontracts out the specific electrical work required. In his capacity as a roving foreman Respondent serves as a trouble shooter available to assist those projects which may encounter particular problems. He is then responsible for solving the problems through a redesign of the project, the use of alternative equipment, or some other means. Since August of 1981 however, Mr. Council has spent most of his time in the office estimating and bidding jobs. On August 4, 1983 Petitioner became Vice-President of Council Brothers, Inc. The firm first registered as an electrical contractor in June 1983. Petitioner holds licenses as a certified building contractor, plumbing contractor, mechanical contractor and underground utilities contractor.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Electrical Contractors Licensing Board enter a Final Order denying Petitioner permission to take the examination for licensure as a certified electrical contractor. DONE and RECOMMENDED this 14th February, 1984, in Tallahassee, Florida. MICHAEL PEARCE DODSON 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 14th day of February, 1984.
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.
The Issue The issue posed for decision herein is whether or not the Respondent, State of Florida, Department of Professional Regulation, Electrical Contractors Licensing Board, erred and/Dr abused its discretion in its denial of Petitioner's application for statewide certification on the basis that it failed to demonstrate that it possessed adequate financial responsibility.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the arguments of counsel, the Proposed Recommended Order and the entire record compiled herein, the following relevant facts are found. On March 19, 1979, Petitioner, Eric Copenhagen, t/a Aries Electric, filed an application with the Electrical Contractors' Licensing Board (herein called the Respondent) for statewide certification as an electrical contractor. (Respondent's Composite Exhibit 1.) On May 17, 1979, the Respondent denied Petitioner's application on the grounds that the qualifying agent, Eric R. Copenhagen, did not show financial responsibility and the business entity, Aries Electric, Inc., did not show financial responsibility and sufficient business and credit reputation as is set forth and required pursuant to Section 463.184(3), Florida Statutes (1977). l/ (Testimony of Board Member Kenneth Dunworth.) The Respondent denied Petitioner's application for certification based on Petitioner's response to Question 17(b) on the application to the effect that there was outstanding at the time of the demise of Kahn-Copenhagen Electric, Inc. a sum due and owing Consolidated Electric Company of $49,000.00; a credit report which reflected a tax lien in the amount of $52,440.00, which lien became effective approximately August 3, 1973, and remains unpaid; and a lien due and payable of $73.00 effective May 5, 1973. (Respondent's Exhibits 2, 3 and 4.) During the hearing, the evidence adduced established that the approximately $49,000.00 obligation owed to the supplier, Consolidated Electric, Inc., stems from a Housing and Urban Development (HUD) project undertaken by Petitioner's predecessor corporation, Kahn-Copenhagen Electric, Inc., and that the amount owed to the supplier was paid by the General Contractor as a result of litigation between petitioner and the. General Contractor. The evidence reveals that the lien which was outstanding at the time that the Board reviewed Petitioner's application for certification which was due to the Florida Department of Commerce has now been satisfied. There remains, however, outstanding obligations in the form of a tax lien due the Internal Revenue Service in the amount of approximately $53,000.00. The Petitioner contends that he was unaware of the existence of the tax lien and that there had been an agreement worked out between the Internal Revenue Service and himself to satisfy the outstanding amounts due and owing the Internal Revenue Service which grew out of the dispute between the supplier, the General Contractor and Kahn- Copenhagen on the HUD project. The records, however, do not reflect that these outstanding tax obligations have been satisfied at the time of the hearing. (Petitioner's Composite Exhibit 1.) In such circumstances, it appears that the Board, at the time that it reviewed Petitioner's application for certification, acted within its discretion in denying the Petitioner's application for certification due to an absence of showing of financial stability and/or responsibility. (Section 468.184(3), Florida Statutes.) I shall so recommend.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby, RECOMMENDED: That the Respondent (Board's) denial of the Petitioner's application for certification be SUSTAINED. 4/ ENTERED this 10th day of June, 1980, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Collins Building Room 101 Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th of June, 1980.
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
