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
Findings Of Fact The Petitioner is General Manager and President of Modern Air Conditioning, Inc., (hereafter "Modern Air" or "Corporation"), and R. L. Anderson, Inc., Mechanical Contractors. He has held these positions with Modern Air since April 1965. The Petitioner has held journeyman's cards in air conditioning, as well as union structural iron worker's, competency and electrical journeyman szzz cards. The Petitioner has been a member of several municipal and county licensing boards and is presently serving a third term on the Florida Construction Industry Licensing Board. Modern Air is or has been licensed as an electrical contractor in Lee, Charlotte, Glades, Collier, Hendry, and Sarasota counties and the cities of Sanibel, Naples, and Punta Gorda. Modern Air employs six full-time and three part-time journeymen electricians. Among the representative electrical contracting jobs which the Corporation has performed over the past three years are wiring schools, homes, condominiums, and small commercial businesses. In addition to air conditioning and rewiring, the Corporation employs individuals to perform plumbing and insulating work. Modern Air is a solvent corporation with assets in excess of one and a half million dollars. Its net income for 1978 was $118,967.00. Corporate retained earnings for March 31, 1977 through 1978 were $463,936.00. The Corporation is bonded with the American Insurance Company for one million dollars per single occurrence with a three million dollar maximum limit. Modern Air and Petitioner have high credit ratings and enjoy excellent reputations in the community. On December 18, 1978, Petitioner submitted an application to the Florida Electrical Contractor's Licensing Board to sit for the state electrical contractors examination in his capacity as qualifying agent for Modern Air. By letter dated March 15, 1979, the Board, upon the advice of its application committee and through its executive director, denied Petitioner's application. The denial was due to Petitioner's failure to demonstrate "unlimited" experience in the field of electrical contracting. At the hearing Petitioner explained the experience portion of his application and particularly the method which he used to demonstrate the value of each particular job listed. For example, as to one job, Collier County Public Schools, the value listed on the application was $33,000 yet the actual value of the total job to Modern Air was in excess of a quarter of a million dollars. The $33,000 was solely electrical with the rest being subcontracted while Modern Air remained prime contractor. The job information furnished which included auditoriums, cafeterias, gymnasiums, industrial arts labs, and homes was noted on the application as being indicative or representative of the corporate activity over the preceding three years. During the hearing, the Board's expert witness stated that if he had served on the application committee he would have returned the application and requested additional information in order to determine qualifications rather than simply deny the application.
The Issue Respondent was charged in a November 19, 1998, Administrative Complaint, filed December 7, 1998, with ten counts of professional violations. The statutory violations alleged are: Count I: Section 489.129(1)(a), Florida Statutes (1995), obtaining a certificate or registration as a Certified Roofing Contractor by fraud or misrepresentation; Count II: Section 489.129(1)(h)2, Florida Statutes (1995), by committing mismanagement or misconduct in the practice of contracting that caused financial harm to a customer; Count III: Section 489.129(1)(k), Florida Statutes (1995), by abandoning a construction project in which the contractor is engaged or under contract as a contractor; Count IV: Section 489.129(1)(m), Florida Statutes (1995), by committing fraud or deceit in the practice of contracting; Count V: Section 489.129(1)(n), Florida Statutes (1995), by committing incompetency or misconduct in the practice of contracting; Count VI: Section 489.129(1)(p), Florida Statutes (1995), by proceeding on a job without obtaining the applicable local building department plumbing permits and inspection; Count VII: Section 489.129(1)(p), Florida Statutes (1995), by proceeding on a job without obtaining the applicable local building department electrical permits and inspection; Count VIII: Section 489.129(1)(p), Florida Statutes (1995), by proceeding on a job without obtaining the applicable local building department framing, insulation, and/or final inspections; Count IX: Section 489.129(1)(o), Florida Statutes (1995), by committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property; and Count X: Section 389.129(1)(c), Florida Statutes (1995), by violating any provision of Chapter 455, to wit, Section 455.227(1)(o), practicing beyond the scope permitted by law and performing professional responsibilities the licensee knows, or has reason to know, he is not competent to perform.
Findings Of Fact At all times material to the allegations of the Administrative Complaint, Respondent was a Certified Residential Contractor, having been issued license number CR C057235, by the Florida Construction Industry Licensing Board. At the time of hearing, Respondent's license had been suspended. Since January 27, 1998, Respondent also has been a Certified Roofing Contractor, having been issued license number CC C057649, by the Florida Construction Industry Licensing Board. At no time material was Respondent licensed, registered, or certified to perform electrical work. At no time material was Respondent licensed, registered, or certified to perform plumbing work. On or about February 27, 1997, Respondent entered into a $39,050.40, contract with Reuben M. Adams to restore and repair the Adamses' home at 7037 Mark Street in Jacksonville, Florida, which had been destroyed by fire on February 1, 1997. The work contracted-for included complete restoration of the living room, kitchen, two hallways, two bathrooms, four bedrooms, a laundry room, and a dining room; restoration of heat and air conditioning; and a virtually new roof. Among the electrical and plumbing restoration involved, Respondent specifically agreed to install a ceiling fan and a light kit in the living room; install a sink and faucet for the sink and a ceiling light fixture and vented range hood in the kitchen; install a ceiling light fixture in a hallway; remove floor mounted with tank commode and reinstall a floor mounted with tank commode; replace commode sink, remove and reinstall sink, install new faucet for the sink, install shower head and faucet set for bathtub, install bathroom exhaust fan and light kit for ceiling fan in the bathroom; install ceiling fan and light kit in bedrooms; replace faucet for sink and provide a shower head, faucet set and install a ceiling light fixture in the second bathroom; install a ceiling fan and light kit in the third and fourth bedrooms and dining room and hallway; install 960 square foot electrical and provide temporary utilities for dimensions of 40 feet by 24 feet by eight feet. These types of activities require electrical and plumbing licensure. On or about April 15, 1997, Respondent received and endorsed the first draw check of $22,245.23 from the Adamses. In May 1997, Respondent's site supervisor, Aaron Mitchell, requested that Mr. Adams give him $1500.00, cash to buy materials because Respondent was out of town and Mitchell could not perform the work without the materials. Mr. Adams paid this amount in cash to Mr. Mitchell but was never reimbursed by either Mr. Mitchell or Respondent. In early June 1997, the Adamses became concerned because little work had been completed on the restoration of their home. The house had been cleaned out and gutted and the slab for the room addition had been poured. Mr. Adams contacted Respondent several times about the lack of work being performed on the home. Between mid-June and early July 1997, Respondent completed the framing and installed the roof. On or about July 24, 1997, the Adamses released the second draw of $11,122.62 to Respondent, and Respondent deposited the money into his bank account. In approximately August 1997, Respondent ran electrical wire in the roof, installed electrical outlets in the walls, and completed the electrical work, including installing electrical outlets in the walls. Mr. Adams personally observed Respondent and his workers performing electrical wiring. The electrical work performed by Respondent required licensure as an electrical contractor, that a permit be obtained prior to the electrical work being performed, and that inspections of the electrical work be made before the walls were sealed up over the electrical work. Respondent failed to obtain a permit or to have an electrical inspection performed. Respondent completed the electrical work and covered up the electrical work with the walls without an inspection being performed. Respondent performed plumbing work on the Adamses' home, although he held no plumbing license. Respondent failed to pull a permit for the plumbing work and failed to call for the required inspections. Ultimately, he covered up the plumbing work with the walls without an inspection having been performed. The City of Jacksonville "red-tagged" the home for this reason. The effect of "red-tagging" was to prevent occupancy until compliance with the building code was assured. Such assurance required inspection, which in turn, ultimately required that at least the interior walls be taken down. Respondent also never obtained a framing, insulation or final inspection on the project. In October 1997, the Adamses filed complaints against the Respondent with the State Attorney's Office and the Department of Business and Professional Regulation (Case No. 97-18544). On or about October 31, 1997, Respondent signed a Letter of Intent with Mr. and Mrs. Adams agreeing to have their home ready for occupancy no later than December 1, 1997, and promising that Respondent would be responsible for all permits and inspections necessary for the project to be considered complete. At that time, Respondent apologized for all of the delays, the decline in their relationship, and the stress he had caused. Respondent and Mrs. Adams prayed together, and Respondent promised that from that day forward, the Adamses would see progress on their home every day until it was finished. Respondent did not abide by the requirements set forth in the Letter of Intent. Specifically, he never obtained the required permits and inspections. Mr. Adams confronted Respondent about the permits and the inspections, and the Respondent indicated that he had the permits at his office. He assured Mr. Adams that he was taking care of the electrical permit. In December 1997, Respondent requested that Mr. and Mrs. Adams drop their complaint with Petitioner Department of Business and Professional Regulation because he had applied for his roofing license and the complaint was holding up that roofing license being granted. Respondent told the Adamses that if they would drop their complaint, he could obtain his roofing license, which would allow him to generate money to complete their project. Around mid-January 1998, Respondent requested that the Adamses release the final construction draw and drop their complaints with Petitioner and the State Attorney. Respondent stated that if they paid him the final draw of $5,682.55, he would work every day on their project and have it ready for them to move in no later than February 4, 1998. The Adamses paid Respondent the remaining construction draw of $5,682.55, and withdrew their complaint with Petitioner. Respondent accepted the final draw on or about January 27, 1998. Respondent obtained his roofing license after the Adamses withdrew their complaint with Petitioner. After receiving the final construction draw, Respondent did minimal work on the project in January. On or about February 23, 1998, the Adamses reinstated their complaint with Petitioner against Respondent, resulting in the instant case. Respondent has not returned to work on the Adamses' project since March 1998. As of March 1998, Respondent had been paid the full contract price, but the home remained uninhabitable. The workmanship was substandard and the project was less than 100 percent complete. As a result of Respondent's unlicensed electrical and plumbing work on the Adamses' home and his covering-up his work with the walls, the Adamses were unable to obtain an inspection without the walls being taken down. This in turn, required that the walls be rebuilt. In addition to the money paid to Respondent for work improperly done or not done at all, the Adamses had to pay another builder $14,900.00, to remove the walls, re-install the electrical wiring and plumbing which had been completed or partially completed by the Respondent, and complete the renovation. Testimony of Roy Brand, Raymond Smith, and Douglas Arnold supports a finding that Respondent committed repeated negligence and created a dangerous condition when he performed electrical and plumbing work which he was not licensed to do and which he did not have the knowledge to perform. Particularly upon the testimony of Mr. Brand, it is clear that three types of very serious electrical installation errors or omissions had been performed once or more than once by Respondent. At least one of these would have been sufficient, under certain circumstances, to burn down the entire house. By installing electrical universal polyethylene boxes and using them as junction boxes, a purpose for which they were not designed, Respondent created what Mr. Brand described as "short of a 'Molotov Cocktail' that would burn your house down just about as quick." Likewise, one serious error occurred in the type of glue Respondent used on plumbing pipe throughout the home. Mr. Brand gave credible expert evidence that the construction undertaken by Respondent was undertaken for a reasonable amount of $39,050.40, and that a reasonable time to construct the entire contract would have been two and one half to three months after permitting. In addition to the money Mr. and Mrs. Adams paid to Respondent and the substitute contractor, Douglas Arnold, they incurred additional expenses and spent additional time out of their home as a result of Respondent's shoddy workmanship and unlicensed electrical and plumbing work. The Adamses also had to take out a second mortgage of $18,800.00 at 16.3 percent interest for 15 years in order to finance the repairs necessitated by Respondent's substandard and incompetent work, so that they could move back into their home. Mr. and Mrs. Adams and their child had to live somewhere during construction. Their insurance company paid them $750.00, for each of three months. However, they were unable to move back into their home from August 1997 until November 1998, as a direct result of Respondent's incompetence and misconduct.3 During this fifteen-month period, the Adamses paid $300.00 rent per month to Mrs. Adams' mother, plus an additional $100.00 per month for water and utilities, and storage fees of $119.00 per month to a storage facility for keeping their items which had not been destroyed by the fire The Adamses also incurred an additional expense of $1,500.00, for an air conditioning unit which Respondent was to have purchased under their contract with him.
Recommendation Upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Construction Industry Licensing Board enter a final order that: Finds Respondent guilty of one violation of each of the following: Sections 489.129(1)(h)(2); (1)(k); (1)(m); (1)(n); (1)(p); (1)(o); and (1)(c), Florida Statutes (1995); Revokes Respondent's General Contractor's and Roofing Contractor's licenses; Imposes a total fine for all violations, in the amount of $30,000.00; and Requires Respondent to pay restitution to Mr. and Mrs. Adams in the amount of $49,835.00. DONE AND ENTERED this 1st day of May, 2000, in Tallahassee, Leon County, Florida. ELLA JANE P. 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 1st day of May, 2000.
The Issue Whether Respondent violated Subsection 489.531(1), Florida Statutes (2003),1 by engaging in the unlicensed practice of electrical contracting, and, if so, what disciplinary action should be imposed.
Findings Of Fact Based on the evidence and testimony of the witnesses presented and the entire record in this proceeding, the following facts are found: At all times material hereto, Respondent was not licensed or had ever been licensed to engage in electrical contracting in the State of Florida. At all times material hereto, Sundance Home Remodeling, Inc., did not possess a certificate of authority to practice as an electrical contractor qualified business. At all times material hereto, Respondent was the sole owner/operator of Sundance Home Remodeling, Inc. Respondent has an occupational carpentry license from Hillsborough County, Florida, and uses the general contractors’ licenses of others. In April 2003, Respondent contracted with Phyllis Price to do the following work at Ms. Price's residence in Riverview, Florida: enclose her back porch, add on a screened room, change the French doors in some of the bedrooms, and install electric ceiling fans, an electric outlet, and an exterior light. On or about April 17, 2003, Respondent contracted with Ms. Price to install and hook up four electric ceiling fans and install one exterior light for $130.00. On or about April 26, 2003, Respondent submitted a proposal to Ms. Price for the installation of one electric outlet at her residence for $25.00. Respondent completed the work that he contracted to do for Ms. Price, including the electrical work. Ms. Price paid Respondent at least $5,240.00 for the work that he performed. Of that amount, Ms. Price paid Respondent a total of $180.00 for the electrical work he performed at her residence. The electrical work contracted and performed by Respondent required a permit. No evidence was presented that, prior to this time, Respondent has been subject to disciplinary action for the unlicensed practice of electrical contracting. The total investigative costs to the Department of Business and Professional Regulation, excluding costs associated with any attorney’s time, was $313.00.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered that (1) finds Respondent not guilty of the charges alleged in Count One of the Administrative Complaint; (2) finds Respondent guilty of the charges in Count Two and Count Three of the Administrative Complaint; (3) imposes on Respondent an administrative fine of $1,000.00 for each violation, for a total administrative fine of $2,000; and (4) assesses Respondent costs of $313.00, for the investigation and prosecution of this case, excluding costs associated with an attorney's time. DONE AND ENTERED this 27th day of July, 2006, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD 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 27th day of July, 2006.
The Issue Whether Petitioner is entitled to additional credit on the challenged examination for licensure.
Findings Of Fact Petitioner, John R. Maroney, is a candidate for licensure as an electrical contractor low voltage applicant. He sat for examination in January 1999. His candidate number is 240024. Respondent, Department of Business and Professional Regulation, Board of Electrical Contractors, is the state agency charged with the responsibility of licensing applicants such as Petitioner. On the examination challenged, Petitioner received a score of 73.00, which was designated a failed status. In order to achieve a pass status Petitioner was required to obtain a score of 75.00. Petitioner timely challenged the results of two questions on the January 1999 examination. First, as to question 49, Petitioner maintained that his answer was reasonable as none of the answers given were correct. Question 49 required applicants to perform a mathematical computation and to select the best answer from those offered. The answer selected by Petitioner was $6.59 from the correct answer. The answer, the one that was given credit, was $4.77 or $1.47 from the correct answer, depending on whether the individual was paid for over-time at a higher rate. In either case the Department’s "correct" answer while not being mathematically accurate was the closer answer to a properly computed answer. The instructions on the examination directed applicants to choose the best answer to each question posed. Thus, while not mathematically accurate, Respondent’s answer to question 49 was the best from those offered. Choosing the best answer was also the issue in question 84 as none of the answers given on the examination accurately describes the cause of the problem. In making his selection, Petitioner admitted he had guessed, as he could not determine how any of the provided answers could decipher the problem he was to solve. Petitioner’s argument in this regard is well made since none of the answers given are attributable to the conditions described. Nevertheless, by process of elimination, an applicant could rule out the options offered by recognizing that two choices related to relay 1 could not contribute to the problem described. As Petitioner selected one of these clearly erroneous options, he cannot be given credit for the choice. As to the two remaining options, while inaccurate, the option that received credit was more likely related to the problem as the stop switch (stop 3) being faulty could cause the described problem if the circuit were to continue to be closed. Petitioner’s answer that described the problem on a relay unrelated to stop 3 would not be the best answer.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Electrical Contractors’ Licensing Board, enter a final order dismissing Petitioner’s challenge to the examination for licensure. DONE AND ENTERED this 15th day of December, 1999, in Tallahassee, Leon County, Florida. J. D. PARRISH 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 15th day of December, 1999. COPIES FURNISHED: Lynne A. Quimby-Pennock Assistant General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-1007 John R. Maroney 9641 Northwest 39th Court Cooper City, Florida 33024 Ila Jones, Executive Director Board of Electrical Contractors Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399 William Woodyard, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399
Findings Of Fact By an application dated March 27, 1979, and received by the Board on March 30, 1979, Petitioner, James L. Dentico, applied to the Florida Electrical Contractors' Licensing Board for a license as a certified electrical contractor. The Board has a committee on applications which reviewed Mr. Dentico's application. The committee determined that his application did not evidence sufficient experience in the trade. That determination prompted a letter written May 8, 1979, from Mr. Allen R. Smith, Jr., the Board's Executive Director, to Mr. Dentico. The letter states, in pertinent part, that: Your application failed to evidence to the Board that you had six (6) years' comprehensive experience training as required by 468.185(2). If you can evidence six (6) years as reflected in 468.185(2) in the trade as an electrical engineer, this evidence will be brought before the board. By letter dated May 15, 1979, Mr. Dentico responded through counsel. He contended that his application did evidence sufficient experience since, in his opinion, he had more than the minimum one and one half years of experience in the trade as required by Section 468.185(2), Florida Statutes. Mr. Dentico's attorney reiterated his request originally made on March 27, 1979, with the application that all future communications relating to the application be made directly to him, Philip J. Gouze, Esquire. Mr. Dentico's application was then returned to the Board for further consideration. That review was made at the Board's June 7, 1979, meeting in Tampa. As the result of communications between Mr. Smith's office and Mr. Gouze, Mr. Dentico was under the impression that he could take the electrical contractors' examination scheduled for June 8, 1979, in Tampa. To obtain his admission ticket for the written examination, Mr. Dentico appeared at the Board's June 7, 1979, meeting. Upon entering the room, he was questioned by Board members about his contracting experience in North Carolina and Florida. At the time Petitioner appeared, the Board had before it a seconded motion to accept his application. After the initial questioning, Mr. Borrell stated: Mr. Borrell: O.K., a motion has been made and it has been seconded that we accept this application. Mr. Lenhart: I think we need a little more evidence and based on this discussion, I will have to withdraw my motion. Mr. Isaac (the Chairman): I withdraw my second. Mr. Borrell: Motion made to withdraw it. Mr. Lenhart: And I base it on failure to evidence sufficient experience as an unlimited managing electrical contractor. Mr. Sommerkamp: I second. Mr. Borrell: Is there any discussion on this motion? Mr. Borrell: Let's go back to square one. Mr. Lenhart: Based on what he has said, I think the application is misleading and I would recommend that he reapply. Mr. Isaac: I second. (Vote was unanimous.) Mr. Dentico persisted in urging his qualifications on the Board. He was further questioned about his experience. After the additional questioning, Mr. Morgan said: Mr. Morgan: What is the motion? Mr. Borrell: Reject. The Chairman called for a vote and it was unanimous. Mr. Borrell: The Board does not see fit at this time and if you submit more data, we will be glad to review; but based on the findings we have here the information our decision has to stay and you will be notified of the right to appeal. Mr. Dentico's counsel was not present at the Board meeting and the record does not reflect that he was notified of the Board's action until the denial letter of August 13, 1979. On that date, Mr. Smith wrote to Mr. Dentico to state: The Florida Electrical Contractors' Licensing Board has reviewed your application for examination to be licensed as an electrical contractor, authorized to provide unlimited services, throughout the State. The Board has found that you [sic] application lacks sufficient evidence to qualify you to sit for the examination for the following reason: Your application failed to evidence to the Board at its June 7, 1979, meeting the necessary experience in the field as an electrical contractor authorized to provide unlimited services. Please refer to Sections 468.180 and 468.185, Florida Statutes, and Rule 21GG-2.01(1). The Florida Administrative Procedures Act entitles you to request a hearing on this matter should you choose to do so. Attached you will find an "Election of Rights" form which fully explains the procedures you may follow in requesting a hearing. The Board has not controverted any of the information in Petitioner's application. Mr. Dentico has a Bachelor of Science in electrical engineering from the Indiana Institute of Technology. He has a Masters degree in electrical engineering from the Georgia Institute of Technology. Between 1969 and 1973, he was an advanced design engineer at Grumman Aerospace Corporation. His responsibilities included research design and development of aircraft and satellite control systems, designing electrical hookup equipment for laboratory experiments and preparing cost estimates and technical writing for bids on government contracts. At Grumman, his time was divided equally into three functions: research, development and engineering. As part of his development responsibility, he was in charge of the construction of apparatus display and testing tables which were a mock-up of the hydraulic and electrical environment in which a prototype component would later operate. Mr. Dentico supervised the electricians who constructed the wiring, ran the conduits, etc., for those apparatuses. Subsequently, Mr. Dentico operated his own business, N. K. Investments of North Carolina, from January, 1975, to February, 1977. He designed and cost estimated an electrical power distribution system for a 320 boat slip marina and for the service building of that marina in New Bern, North Carolina. He also prepared an electrical cost estimate for a four-story office building there. Mr. Dentico also had some experience in doing the general electrical work on a two-story, nine-unit apartment complex building in Miami Shores, during 1977. Under the supervision of Gurney Electric Corporation, the project electrical contractor, he put in conduit, pulled wires and installed appliances. The functions of an electrical contractor are to order the necessary equipment for a given project, to supervise the contractor's employees in constructing the job according to the plans and specifications, to coordinate the work of the contractor's employees with the needs of the general contractor and in accordance with the directions of the project electrical engineer. There are times when a project does not have an electrical engineer and in that case, the design work is expected to be performed by the electrical contractor. Careful consideration has been given to each of the proposed findings of fact submitted by the parties. To the extent that they are not contained in this Order they are rejected as being either not supported by competent evidence or as irrelevant and immaterial to the issues for determination here.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the application of James L. Dentico for certification as an electrical contractor be granted subject only to successful completion of an objective written examination about Mr. Dentico's fitness for a certificate as required by Section 468.184(2), Florida Statutes (1977). That $50.00 of Petitioner's application fee be returned to him if Section 21GG-2.09, Florida Administrative Code, is still in effect. DONE and ENTERED this 30th day of January, 1980, in Tallahassee, Florida. MICHAEL P. DODSON Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
The Issue The issue in this proceeding is whether Willie Daniels violated sections 489.129(1)(d) and (e) F.S., as alleged in the administrative complaint, by willful violation of a local building code and aiding and abetting an unlicensed person to evade any provision of Chapter 489. At the hearing the material facts were uncontroverted.
Findings Of Fact Willie F. Daniels is now, and was at all times relevant, licensed as a roofing contractor by the Florida Construction Industry Licensing Board. He holds license #RC 0027954 and does business as "Daniels Roofing', a sole proprietorship. He has been doing roofing in the Orlando, Florida area since 1954. Willie Daniels first met Thomas Dahlman when Dahlman came to his house trying to sell windows. Dahlman told him that he did all kinds of work, including windows, roofing and painting. Later Dahlman called him and said he had a roofing job that he wanted Daniels to do and that he would take him out to the house. The house belonged to Chris Correa and was located at 4421 Sebastian Way, in Orlando. Dahlman bought the materials for the job and Willie Daniels provided a day and a half labor on the roof. He was paid approximately $600.00 by Dahlman. Chris Correa was initially contacted by an agent for Thomas Dahlman who was trying to sell solar heating devices. When she told him she really needed a new roof, he said his boss could arrange that. Dahlman arranged for her loan to pay for the roof and arranged for the labor to be done by Willie Daniels. Chris Correa paid Thomas Dahlman $3,000 for the roof. About three days after the roof was completed, on February 18, 1986, she signed a contract for the roof work with Dahlman Enterprises, Inc. The contract is signed Thomas Dahlman and by Ms. Correa. Willie Daniels was not a party to the contract. The City of Orlando has adopted the Standard Building Code, including the following provision relating to permit applications: Section 105 - Application for Permit - When Required Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, ... or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit therefor. * * * No permit was applied for or obtained for the roofing job on Chris Correa's house. Willie Daniels assumed Thomas Dahlman was a licensed contractor because Dahlman told him he was in the business of doing roofing, painting, installing windows and similar work. He did not ask Dahlman if he was licensed. Dalhman was, in fact, not a licensed contractor.
