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 Whether Respondent, Department of Business and Professional Regulation, Electrical Contractors Licensing Board, appropriately denied Petitioner's, Kevin Harrington, application to take the examination for licensure as an electrical contractor.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of fact are made: Respondent is the state agency vested with the authority to test applicants seeking certification as electrical contractors. Petitioner is seeking certification (licensure) as an electrical contractor. On December 12, 2001, Respondent received Petitioner's application to take the Electrical Contractors Unlimited examination. On December 24, 2001, Respondent mailed Petitioner a letter requesting additional information. The letter requested that the additional information be received by Respondent no later than January 4, 2002. This date was later extended to January 8, 2002. On January 4 and January 7, 2002, Petitioner, through his attorney, forwarded the requested additional information to Respondent. Petitioner's application was complete on January 10, 2002. Respondent, Electrical Contractors Licensing Board("Board"), met on January 16 and 17, 2002. The Board delegates initial consideration of applications to take certification examinations to an Applications Committee consisting of members of the Board who make recommendations to the full Board on each application. Each application is examined by at least two Applications Committee members; if both recommend "denial of the application," or, if one recommends "approval of the application" and one recommends "denial of the application," the application is reviewed by a third Applications Committee member. Each member of the Applications Committee is provided a worksheet as a part of the application package which lists reasons for denial drawn from Subsection 489.511(2)(a)(3), Florida Statutes. After each application is considered by members of the Applications Committee, the application with the Applications Committee's recommendations, reasons for denial (if applicable), and other comments are given to a staff employee who prepares an approved/denial list which is presented to the full Board for consideration. The foregoing procedure was followed in the instant case. On January 16, 2002, Board members, Roger Lange and Kim DeBerry, who were members of the Applications Committee, considered Petitioner's application; both recommended denial of the application. Because there were two recommendations of denial, the application was considered by a third Applications Committee member, Dawn Johnson; she, too, recommended denial. Petitioner's application and the recommendations, reasons for denial, and comments of the Applications Committee were then given to a staff employee who prepared a summary list of all applicants with the recommendations for approval or denial by the Applications Committee with reasons given for denial for submission to the full Board. The full Electrical Contractors Licensing Board considered Petitioner's application on January 17, 2002, and unanimously denied the application. Petitioner was advised of the denial by letter dated February 8, 2002. Petitioner's Applicant's Affidavit dated November 16, 2001, indicates that he was seeking a license under Subsection 489 .511(2)(a)(3)(a), Florida Statutes. The Applicant's Affidavit specifically states: 489.511(2)(a)(3)(a), F.S. Has, within the six (6) years immediately preceding the filing of the application, at least three (3) years proven "management experience" in the trade or education equivalent thereto, or a combination thereof, but not more than one- half of such experience may be educational. (Please submit at least three (3) years of W- 2 Forms) The occupational skills and responsibilities of an electrical contractor are unique and require experience and understanding which are typically acquired by extensive, direct "on-the-job" training in the electrical contracting trade. Petitioner is an experienced General Contractor's project manager. His credentials as a General Contractor's project manager are impressive and the projects he has supervised are extensive. Petitioner has little or no direct supervisory experience in the electrical contracting trade. Petitioner's construction management experience is as a General Contractor project manager, not an Electrical Contractor project manager or similar position, and, as a consequence, he does not meet the "'management experience' in the trade" statutory requirement. Petitioner has an enviable academic record: an Associate of Science Degree With Honors from Miami-Dade Community College (1990), a Bachelor of Science in Building Construction from University of Florida (1993), 21 hours of graduate studies at Florida International University leading towards a Master of Building Construction degree. Petitioner's academic credentials have little direct application to the electrical contracting trade and, as a consequence, do not meet the "educational equivalent" to management experience statutory requirement.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered denying Petitioner's application to take the Certified Electrical Contractor's Licensure Examination. DONE AND ENTERED this 10th day of January, 2003, in Tallahassee, Leon County, Florida. JEFF B. CLARK 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 10th day of January, 2003. COPIES FURNISHED: Barbara Rockhill Edwards, Esquire Department of Legal Affairs The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 Rosemary Hanna Hayes, Esquire Hayes & Associates 3117 Edgewater Drive Orlando, Florida 32804 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Anthony B. Spivey, Executive Director Electrical Contractors Licensing Board Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, and the entire record compiled herein, I hereby make the following relevant findings of fact: By its Administrative Complaint filed herein dated July 6, 1982, the Petitioner, Electrical Contractors Licensing Board, seeks to take disciplinary action against the Respondent, J. Hugh Smith, a registered electrical contractor, who holds license number ER 0004272. The Respondent is the President of Electric Hugh Company, Inc. Electric Hugh Company is the entity through which the Respondent engaged in the business of electrical contracting in the City of Jacksonville. On March 3, 1982, the Construction Trades Qualifying Board for the City of Jacksonville met and considered charges filed against the Respondent for failure to use certified craftsmen. A Mr. Etheridge, an employee of Respondent, was permitted to engage in electrical contracting work unsupervised by a certified craftsman without being licensed as a certified craftsman. By so doing, Respondent violated Section 950.110(a), Ordinance Code of the City of Jacksonville, Florida. 1/ For that code violation, Respondent's certificate was suspended for a period of six (6) months. (Petitioner's Exhibit 1 and testimony of John R. Bond, Executive Director -- Construction Trades Qualifying Board for the City of Jacksonville) On June 2, 1982, the Construction Trades Qualifying Board convened another meeting to consider other charges filed against Respondent based on an alleged failure (by Respondent) to pull electrical permits on four instances wherein a permit was required. At that time, Respondent's certification was revoked effective June 2, 1982, and that revocation remains in effect. The action by the Construction Trades Qualifying Board, City of Jacksonville, has been reviewed by Petitioner. By way of mitigation, Respondent opined that he considered the two years in which his license has been revoked by the City of Jacksonville as sufficient penalty for the violation. Respondent did not substantively contest the charges.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Respondent's registered electrical contractor's license number ER 0004272 be suspended for a period of two years. DONE AND ENTERED this 17th day of April 1984 in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of April 1984.
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, Antoney Manning 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. At all times material to the allegations of the Administrative Complaints, Manning Builders 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, Antoney Manning, was at all times material to this proceeding, the owner/operator of Manning Builders. Respondent is in the business of framing which includes framing, drywall, tile, trim work, and painting. A document which is in evidence purports to be a contract dated September 5, 2004, between Manning Builders and Ms. Gwendolyn Parker, for the construction of a 14-foot by 14- foot addition in the rear corner of Ms. Parker's house located at 8496 Southern Park Drive in Tallahassee, Florida. The contract identifies Manning Builders as the "contractor." The contract price is $15,000. Unfortunately, only the first page of the contract is in evidence. However, Respondent acknowledges that he and Ms. Parker entered into a contract regarding the 14-foot by 14-foot addition to Ms. Parker's home. Respondent insists that he informed Ms. Parker that he was not a certified general contractor, but that he could find a general contractor for her. When that did not work out, Respondent told Ms. Parker that she would have to "pull" her own permits and that he could do the framing. He also told her that he would assist her in finding the appropriate contractors to do the electrical work, plumbing, and roofing. Ms. Parker did not testify at the hearing. On September 7, 2005, Respondent signed a receipt for $7,500 for a "deposit on addition (14 x 14)." The receipt identifies Ms. Gwendolyn Parker as the person from whom the money was received by Respondent. Respondent acknowledges finding an electrical contractor to perform the electrical work on the addition. However, he insists that he did not hire the electrical contractor but found one for Ms. Parker to hire. He gave the name to Ms. Parker but she apparently did not contact him. In any event, the electrical work was never done on the addition. Respondent completed the framework on the addition. Respondent did not build the roof, as he was aware that would require a roofing contractor. Work on the project ceased before the addition was finished. Ms. Parker's home suffered rain damage as a result of the roof not being completed. There is nothing in the record establishing the dollar amount of damage to her home. The total investigative costs to the Department, excluding costs associated with any attorney's time, was $360.59 regarding the allegations relating to Case No. 06- 0601, which charged Respondent with the unlicensed practice of contracting. The total investigative costs, excluding costs associated with any attorney's time, was $140.63 regarding the allegations relating to Case No. 06-0602, which charged Respondent with the unlicensed practice of electrical contracting.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, 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); requiring Respondent to pay $360.59 in costs of investigation and prosecution of DOAH Case No. 06-0601, and dismissing DOAH Case No. 06-0602. DONE AND ENTERED this 28th day of June, 2006, 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 28th day of June, 2006. COPIES FURNISHED: Brian A. Higgins, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Antoney Manning 11865 Register Farm Road Tallahassee, Florida 32305 G. W. Harrell, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Josefina Tamayo, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202
Findings Of Fact Prior to September 12, 1991, Verda Dupuy, manager of administrative services for the Newtron Group, contacted the Florida Electrical Contractors Licensing Board to obtain information needed to apply for licensure as a statewide electrical contractor on behalf of Phillip Ray Fife, Petitioner. Fife is employed by TRIAD Electric, a wholly owned subsidiary of Newtron Group. Both of these companies are out-of-state corporations which perform electrical contracting services in the United States. Newtron Group has annual revenues of some $80 million dollars and TRIAD has annual revenues of some $30 million dollars. An application packet was provided pursuant to this request and on September 12, 1991 Fife applied to the Board for licensure as an unlimited electrical contractor. The application packet did not include either a copy of chapter 21GG-5, Florida Administrative Code or Chapter 489, Florida Statutes. On October 31, 1991 the Application Committee met and considered Petitioner's application. James P. Williams, who also testified in these proceedings, was chairman of the Committee who reviewed Petitioner's application and recommended denial to the Board. By letter dated November 21, 1991 David O'Brien, Executive Director of the Electrical Contractors Licensing Board, notified Petitioner that his application had been denied by the Board for the following reasons: 21GG 5.003(1) lacks three years proven responsible management experience and/or; six years of comprehensive, specialized training, education, or experience associated with an electrical or alarm system contracting business. 21GG 5.005 - Failure to submit any of the items required by the rule. Your business entity portion lacks a Florida Corporate Charter (Certificate of Good Standing). Dunn and Bradstreet Credit Report not acceptable. Upon receipt of this information Dupuy, on behalf of Petitioner, contacted O'Brien several times to get specific details of the documentation desired. Since Petitioner was attempting to qualify for the January 27, 1992 examination time became important. After receiving additional clarification from O'Brien, the business entity portion was satisfied. In response to the demand for evidence that Petitioner had management experience a summary job description of Petitioner's responsibilities as a project manager for TRIAD was sent by FAX to O'Brien (Exhibit 8). As a result of these several telephone conversations and a listing of the duties of a project manager for TRIAD, O'Brien notified Ed James, Bureau of Examination Services, that Fife was authorized to sit for the January 27, 1992 examination and an examination packet containing a pass to take the exam was sent to Fife. On January 27, 1992 Fife travelled to Tampa and took the exam. Results of this exam have not been provided to Petitioner. On February 11, 1992 the Board met to again consider Petitioner's application. In addition to the summary of his job responsibilities as project manager the application file showed that Petitioner was licensed as an electrical contractor in the states of Arkansas, California, Nevada and Tennessee. However, the Board concluded these licenses may have been for a master or journeyman electrician rather than as a electrical contractor, and the summary job description submitted was not conclusive of Petitioner's management experience. On March 2, 1992, O'Brien mailed a second notice of denial to Petitioner (Exhibit 9). This letter states the application was denied for the following reasons: 21GG 5.003(1) Applicant must show that he has three years proven experience in the trade as an electrical contractor or alarm contractor or in a responsible management position with an electrical contractor or an alarm contractor. Please refer to definitions: 21GG- 5.001(3). 489.511 Has at least six years of comprehensive specialized training, education, or experience associated with an electrical or alarm system contracting business. Informal exposure to the trade wherein knowledge and skill is obtained. At the hearing petitioner presented a plethora of evidence attesting to his approximately 20 years experience in the electrical contracting business showing he executed contracts on behalf of TRIAD and Newtron Group, that he hired and fired employees, that as project manager he exercise full control over the projects including approving amendments and changes in the contracts, opened local bank accounts on which he paid the employees working on the project, etc. Petitioner's proposed findings 13-32 are adopted as facts presented to demonstrate Petitioner's experience in the field of electrical contracting. At the conclusion of Petitioner's case, James A. Williams, Respondent's expert who considered Petitioner's initial application and testified in these proceedings, acknowledged that licensure as an electrical contractor in another state with similar requirements as Florida would qualify Petitioner to sit for the examination in Florida; and that had he been privy to the testimony presented at this hearing, when he initially considered Petitioner's application, the application would have been approved.
Recommendation It is RECOMMENDED that a Final Order be entered finding Phillip Ray Fife fully qualified by experience and training to sit for the electrical contractors examination. It is further RECOMMENDED that Phillip Ray Fife's examination grades be released; and, if he passed the January 27, 1992 examination, that he be issued a statewide license as an electrical contractor. DONE and ENTERED this 20th day of July, 1992, in Tallahassee, Leon County, Florida. K. N. AYERS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of July, 1992. APPENDIX TO RECOMMENDED ORDER Proposed findings submitted by Petitioner are accepted. Those proposed findings not included in the Hearing Officer's findings of fact were deemed unnecessary to the conclusions reached. Proposed findings submitted by Respondent are accepted except as noted below. Those proposed findings neither included in the Hearing Officer's findings nor noted below were deemed unnecessary to the conclusions reached. Rejected. Rejected insofar as Petitioner was fully aware of the reasons his application was rejected. No letter from the Board listed the documentation required by Rule 21GG-5.003(1)(a), Florida Administrative Code. Copies furnished: DAVISSON F DUNLAP ESQ WILLIAM W BLUE ESQ PO BOX 13527 TALLAHASSEE FL 32317 3527 JEFF G PETERS ESQ DEPT OF LEGAL AFFAIRS THE CAPITOL SUITE 1603 TALLAHASSEE FL 32399 1000 DANIEL O'BRIEN/EXECUTIVE DIRECTOR FLORIDA ELECTRICAL CONTRACTORS LICENSING BOARD PO BOX 2 JACKSONVILLE FL 32202 JACK McRAY ESQ GENERAL COUNSEL DEPT OF PROFESSIONAL REGULATION 1940 N MONROE ST TALLAHASSEE FL 32399 0792
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
