The Issue Whether the Respondent is entitled to an award of attorney's fees and costs pursuant to Section 57.111, Florida Statutes.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Department is the state agency charged with regulating the practice of professions pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. The ECLB is charged with regulating the practice of electrical contracting pursuant to Section 489.507, Florida Statutes. Pursuant to Rule 61G6-4.006, Florida Administrative Code, the ECLB has established a Probable Cause Panel to determine whether probable cause exists to believe that a violation of governing statutes has occurred. Mr. Borota is, and was at all times material to this matter, licensed as a Registered Electrical Specialty Contractor, having been issued license numbers ET 0000218 and ES 0000213. Mr. Borota is, and was at all times material to this matter, the licensed qualifier for his wholly owned Florida corporation, Communication Installation and Service Co., Inc. Subsection 489.517(3)(a), Florida Statutes, requires a licensee to provide proof of completing at least 14 classroom hours of continuing education courses during each biennium following issuance of the license. Rule 61G6-9.003(2), Florida Administrative Code, defines "course" as "any course, seminar or other program of instruction which has been approved by the board for the purpose of complying with the continuing education requirements for electrical and alarm contractors." Rule 61G6-9.004(1), Florida Administrative Code, requires that licensees provide proof of completion of at least 14 classroom hours of continuing education courses "approved by the board." Rule 61G6-9.005(1)(a), Florida Administrative Code, requires course sponsors to register with the ECLB prior to submitting their courses to the board for approval. Rule 61G6- 9.005, Florida Administrative Code, provides that accredited universities and colleges which offer courses in the contracting areas specified in Part II of Chapter 489, Florida Statutes, are deemed admitted as course sponsors. Rule 61G6-9.006(1), Florida Administrative Code, allows a registered course sponsor to submit to the ECLB an application for approval of a continuing education course, and provides that relevant courses offered by accredited universities and colleges are deemed approved. The ECLB regularly publishes a list of approved continuing education courses. Rule 61G6-9.002, Florida Administrative Code, sets forth criteria for continuing education. The following sets forth the relevant portions of the rule as it read during the period relevant to this case: The following programs of continuing education may be used to satisfy the continuing education requirement provided that the licensee complies with the terms set forth herein: Courses for credit which are business, technical or safety courses relevant to the electrical contracting industry and which require a passing grade taken at an accredited college, university, or community college. The licensee must furnish an official transcript and a notarized statement affirming classroom hours attended and the receipt of a passing grade. Noncredited courses conducted by an accredited institution of higher learning, official governmental agency, the military, or recognized national or state trade or civil organization provided the following conditions are met: the course must be business, technical or safety course relevant to the electrical contracting industry. the course must follow a written text, which must be submitted to the Board for approval on request. the instructor of the course must be a professional educator, certified electrical contractor or a similar authority in the field. The licensee must submit a notarized statement affirming the following: Number of classroom hours attended Sponsor of the course Location of the course Date of the course Name of the instructor and his credentials Benefit received from the course George Ayrish, program administrator for the ECLB, testified that Rule 61G6-9.002, Florida Administrative Code, allows a licensee to obtain credit for courses that are not on the approved list, provided the substantive criteria for continuing education courses are met and the notarized statement is filed. The ECLB conducts random audits of its licensees every two years. On January 27, 1997, the ECLB sent Mr. Borota a written notice that his license was undergoing such an audit for the period September 1, 1994, through August 31, 1996. The notice requested that Mr. Borota provide, among other items not relevant to this proceeding, certification that he had completed the required continuing education hours. Mr. Borota responded with certificates of attendance at three separate technical electrical contracting courses presented by equipment vendors: a "3M Hot Melt Fiber Optics Connectors" course offered by 3M Telecom Systems Division on June 25, 1995; a "Category 5" cabling installation course offered by The Siemon Company on December 5, 1995; and an "Installation Certification Program" offered by Ortronics Open System Architecture Networking Products on June 19, 1995. None of these courses were included in the ECLB’s list of approved continuing education courses. By letter dated March 18, 1997, the ECLB informed Mr. Borota that the courses submitted as evidence of continuing education must be "Board approved" and "completed within the audit period." Mr. Borota responded with a certificate indicating that he had completed "product application training" and was thus a certified installer for Superior Modular Products, Inc. The certificate was dated July 31, 1995. This course was not included in the ECLB’s list of approved continuing education courses. On August 18, 1997, Mr. Ayrish filed a Uniform Complaint Form alleging that Mr. Borota did not provide proof of continuing education as required by Rule 61G6-9.004(1), Florida Administrative Code. The complaint was forwarded to Kathy MacNeill, a senior consumer complaint analyst for the Department of Business and Professional Regulation. By letter dated October 9, 1997, Ms. MacNeill advised Mr. Borota that a complaint had been filed against him. She enclosed a copy of Mr. Ayrish’s complaint. The letter requested that Mr. Borota submit a written response within 20 days. By letter dated October 13, 1997, Mr. Borota responded to Ms. MacNeill’s request. He wrote, in relevant part, that: Regarding the continuing education for ET 0000218 I did send the certificates of classes that I had taken during the audit time in question. All of the classes that I had taken covered communications cabling which is what our company does. Most of the classes that are held by the contractors schools that are recommended for low voltage systems licensing cover information on security systems cabling and we do not do that kind of work. Please advise if I need to send any additional information or what I will need to do to close this case. No further direct communication occurred between Mr. Borota and Ms. MacNeill. Mr. Borota testified that he attempted to phone the Department a few times after the exchange of letters, but that he never spoke to anyone. Ms. MacNeill prepared a written Investigative Report, dated November 6, 1997, stating an alleged violation of failure to provide proof of continuing education and forwarding the matter to the Department’s legal counsel "for whatever action is deemed appropriate." The Complaint and the audit file were placed on the docket for consideration by the Probable Cause Panel of the ECLB at a telephonic conference on March 20, 1998. On the same date, a Memorandum Of Finding was signed by the chairperson of the Probable Cause Panel, indicating probable cause was found. The Department issued an Administrative Complaint on March 23, 1998, alleging that Mr. Borota failed to submit proof in response to the audit of having complied with the continuing education requirements of Subsection 489.517(3), Florida Statutes, and the rules promulgated thereunder. Mr. Borota was served with the Administrative Complaint on March 30, 1998. On April 21, 1998, Mr. Borota timely filed his written Election Of Rights disputing the material facts set forth in the Complaint and demanding an evidentiary hearing pursuant to Subsection 120.57(1), Florida Statutes. On the same date, Mr. Borota also submitted an affidavit, substantially complying with Rule 61G6-9.002(2), Florida Administrative Code, attesting that he had attended 30 additional hours of continuing education courses during the audit period. These courses were professional seminars provided at the annual winter meeting of Building Industry Consulting Service International, Inc. (“BICSI”), a non-profit telecommunications technical association. The materials for the BICSI conferences show that the University of South Florida was a co-sponsor of the event. The BICSI seminars were not on the ECLB’s list of approved continuing education courses. On August 6, 1998, counsel for the Department filed a Motion For Final Order, arguing that there were no disputed issues of material fact in the case because none of the courses submitted by Mr. Borota were on the ECLB’s approved list of continuing education courses. The ECLB denied the Department’s motion and agreed to refer the Administrative Complaint to the Division of Administrative Hearings ("DOAH") for the conduct of a formal administrative hearing. The case was never forwarded to DOAH. The record does not disclose why the case remained at the ECLB for nearly two years following the ECLB’s denial of the Motion for Final Order. The Administrative Complaint was again considered by the Probable Cause Panel of the ECLB on May 23, 2000. On the same date, a Memorandum Of Finding was signed by the chairperson of the Probable Cause Panel that determined no probable cause was found and that the Administrative Complaint should be dismissed. Both meetings of the Probable Cause Panel were tape recorded. The tapes were of such poor quality that a certified transcript of the meetings could not be prepared by either an independent court reporter or the Department. Redacted tape copies and an uncertified transcript of the meetings were admitted into evidence by agreement of the parties. The transcript is sufficient to show that the March 20, 1998, Probable Cause Panel treated Mr. Borota’s case in a pro forma fashion, without discussion of the particulars of the investigation, prior to making a finding of probable cause to proceed against Mr. Borota. At the hearing in the instant case, the Department admitted that Mr. Borota was the prevailing party in the disciplinary proceeding because the Administrative Complaint was dismissed upon a finding of "no probable cause" at the May 23, 2000, Probable Cause Panel meeting. Mr. Borota testified that he was the sole owner and qualifying licensee of the corporation through which he practiced as a licensed electrical contractor, that his net worth was less than $2 million, and that he and the corporation employed fewer than 25 workers. The Department offered no evidence to dispute Mr. Borota’s testimony on these points.
The Issue The issue presented is whether Petitioner's application to qualify two additional business entities should be granted.
Findings Of Fact Petitioner, David Rheaume, has been an electrician since about 1960. Petitioner is a certified electrical contractor, holding Florida license number EC 13003139. Petitioner currently serves as the primary qualifier for two companies, David's Electric Service, Inc. (David's Electric), in Fort Myers, and Primary Electric of Southwest Florida, Inc. (Primary Electric), in Cape Coral. As the primary qualifier for David's Electric and Primary Electric, Petitioner is responsible for the supervision of all operations of the business organization, for all field work at all sites, and for financial matters, both for the organization in general and for each specific job. § 489.522(1)(a), Fla. Stat. (2006). David's Electric is wholly owned and operated by Petitioner. He is the sole officer and employee. On average, Petitioner works three-to-four hours per day, five or six days per week, doing mostly service work and upgrades. He gets most of his work from the local pennysaver-type advertising circular, and his schedule depends on the number of calls he receives from customers. He may work for six hours on one day, and not at all on the next. Petitioner considers himself semi-retired, and no longer undertakes new home installations. Petitioner is able to make his own flexible schedule as the owner/operator of David's Electric, and believes that he will be able to supervise the operations of the additional entities for which he seeks to act as qualifier. Primary Electric performs electrical service work and the wiring of newly constructed houses. Petitioner spends a "couple hours a week at the most," supervising the electrical contracting work of Primary Electric. The owner/operator of Primary Electric calls Petitioner when a job is ready for inspection. Petitioner then goes to the job site and checks to make sure the job has been done properly before the county inspector arrives. The owner/operator consults Petitioner if he has a problem understanding the blueprints on a job. The staff of Primary Electric consists of the owner/operator and two helpers. Petitioner is officially the vice president and owns ten percent of the company. He serves in a consulting capacity, and performs no physical work for Primary Electric. At the hearing, Petitioner identified the owner/operator of Primary Electric as "Don," and could not, with confidence, recall "Don's" surname. Don supervises the business on a day-to-day basis. Petitioner knew that Don's wife "signs all the checks," but was not certain whether she has an official position in the company. The checkbook and financial records are forwarded to the office of Petitioner's CPA, where Petitioner checks them. Don, the owner/operator of Primary Electric, is not a licensed electrical contractor. Petitioner allows Don to hire and supervise the helpers who work on Primary Electric's job site. Petitioner readily conceded that he knows nothing about the hiring or qualifications of the helpers, and that he relies on Don to address any problems with faulty work performed by the helpers. Primary Electric has pulled permits and performed electrical contracting jobs without Petitioner's prior knowledge. Petitioner testified that he allowed Don to go to local building departments and pull permits for electrical contracting jobs without prior consultation with Petitioner, because "I have that much faith in him." Petitioner acknowledged that on some smaller jobs, such as additions or service work, the owner/operator of Primary Electric has finished the jobs and gone through final inspections without ever notifying him. In response, Petitioner told Don to "at least call me." Petitioner applied to serve as the primary qualifier for Dolphin Electric of SW Florida, Inc. (Dolphin Electric), a start-up company based in Cape Coral. Vincent Sica is the president of Dolphin Electric, and Petitioner is the vice president and ten percent owner. Mr. Sica is a friend of Petitioner, and formerly worked for Petitioner at David's Electric. Mr. Sica was denied an electrical contractor's license by the Board, then asked Petitioner to serve as his qualifier, thereby allowing Dolphin Electric to work in the field of electrical contracting. Dolphin Electric, if approved as an additional business under Petitioner's license, would operate as an electrical contracting business focusing primarily on wiring new custom houses built by Mr. Sica's brother, who is a general contractor. Mr. Sica and his son would perform the work. Petitioner will perform no physical work for Dolphin Electric. Petitioner intends to supervise Dolphin Electric in the same manner that he supervises Primary Electric, including allowing Mr. Sica to pull permits for electrical jobs without first consulting Petitioner. According to Petitioner, Mr. Sica was an electrician in New Jersey and is very qualified. Petitioner stated that he would likely supervise Dolphin Electric a little more closely, if only, because he and Mr. Sica are friends and spend a lot of time together. Petitioner applied to serve as the primary qualifier for Mill Electrical Contractors, Inc. (Mill Electric), a start- up company based in Fort Myers. Terry Gaschk is the president of Mill Electric, and Petitioner is the vice president and ten percent owner. Mr. Gaschk is a friend of Petitioner, and worked for Petitioner at David's Electric during a busy time. Although he has only known Mr. Gaschk for one year, Petitioner testified that Mr. Gaschk is "like a brother" to him and is a better electrician than Petitioner. When Mr. Gaschk wanted to start his own company, Petitioner was willing to serve as his qualifier. Mill Electric, if approved as an additional business under Petitioner's license, would probably operate as an electrical contracting business focusing primarily on wiring newly constructed houses. Petitioner was not sure of Mr. Gaschk's intentions, because of the current softness of the residential construction business. Petitioner guessed that Mill Electric would stay a one-man operation doing service jobs until the market improves. Petitioner intends to supervise Mill Electric in the same manner that he supervises Primary Electric, including allowing Mr. Gaschk to pull permits for electrical jobs without first consulting Petitioner. Petitioner did not demonstrate intent to adequately supervise the operations of the proposed additional entities, Dolphin Electric and Mill Electric. At Petitioner's application request hearing, the Board's chief concern was the appearance that Petitioner was engaged in a "license selling" scheme with his friends. At the de novo hearing before the undersigned, Petitioner did little to put this concern to rest. Petitioner's intent is to continue working part-time for his own company, and to allow his friends to run the day-to- day operations of the two start-up companies, including the hiring and supervision of employees, the pulling of permits for electrical work, and the performance of that work without the direct supervision of a certified electrical contractor. In general, Petitioner would be consulted when there is a problem with the work, or when his presence is required for an inspection. The undersigned does not find that Petitioner had any conscious bad intentions in making his applications. Petitioner sincerely believes that Mr. Sica and Mr. Gaschk are at least as proficient in the field as is he, and is confident enough, in his opinion, to risk his license on their behalf. However, Petitioner's casual manner of supervising the work of his friends, coupled with the sheer volume of supervisory work that he proposed to undertake for a total of three companies plus his own, caused reasonable doubts in the mind of the Board. Unfortunately, Petitioner was unable to dispel those doubts in this proceeding.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: A final order be entered denying Petitioner's applications to qualify Dolphin Electric of SW Florida, Inc., and Mill Electrical Contractors, Inc. as additional business entities. DONE AND ENTERED this 8th day of March, 2007, in Tallahassee, Leon County, Florida. S LAWRENCE P. STEVENSON 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 8th day of March, 2007. COPIES FURNISHED: Reginald D. Dixon, Esquire Department of Legal Affairs The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 Howard Andrew Swett, Esquire Knott, Consoer, Ebelini, Hart & Swett, P.A. 1625 Hendry Street, Suite 301 Fort Myers, Florida 33901 Anthony B. Spivey, Executive Director Electrical Contractors' Licensing Board 1940 North Monroe Street Tallahassee, Florida 32399-0792 Josefina Tamayo, General Counsel Department of Business and Professional Regulations 1940 North Monroe Street Tallahassee, Florida 32399-0792
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
The Issue Whether Petitioner is entitled to licensure as a certified contractor pursuant to the "grandfathering" provisions of section 489.514, Florida Statutes.
Findings Of Fact At all times material hereto, Petitioner held a Registered Electrical Contractors license, No. 13012890, and a Registered Alarm System Contractors I license, No. 12000229, that authorized him to engage in the same in Broward County, Florida. Petitioner's licenses are active and in good standing; he has not been the subject of any complaints filed with, or discipline imposed by, the local licensing authority. Petitioner operates a business named "D" Electrician Technical Services, Inc., in Pompano Beach, Florida. In the case styled State v. Terrance Davis, Case No. 082026CCFICA, in the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida, Petitioner was charged with burglary of a structure with assault or battery and felony battery. Petitioner's unrefuted testimony was that after his arrest in October 2008, he was detained without bond pending his trial.1/ On November 17, 2009, the Florida Department of Revenue ("DOR") issued to Petitioner a Notice of Non-Compliance with Support Order and Intent to Suspend License for the nonpayment of a previously existing child support order. The notice was sent to 7906 Southwest Seventh Place, North Lauderdale, Florida 33068. At the time the notice was sent, Petitioner claims to have been detained in the Broward County jail. The criminal charge of felony battery was nol prossed on December 14, 2009. On December 15, 2009, Petitioner proceeded to trial on the remaining charge and was acquitted by a jury. On December 27, 2009, DOR issued a Notice to Suspend License for Nonpayment of Support to the Division of Professions. Said notice provided that, "[w]e gave [Petitioner] notice of nonpayment and intent to suspend license(s) more than 30 days ago. [He has] not complied with the support order, a written agreement if there is one, or timely contested the action." The notice further directed that, "[u]nder section 409.2598(5)(b), Florida Statutes, you must suspend the license, permit or certificate that allows the person to engage in an occupation, business or recreation." In January 2010, during the course of a traffic stop, Petitioner was advised by a law enforcement officer that his Florida driver's license was suspended. On February 8, 2010, Petitioner entered into a Written Agreement for Past Due Support with DOR wherein he agreed to make a lump-sum payment and additional monthly payments. DOR agreed that it would not suspend or deny his driver's license as long as Petitioner complied with the terms of the agreement. Petitioner credibly testified that thereafter, when he "resumed his Articles of Incorporation," he realized his professional licenses had also been suspended. On February 25, 2010, DOR issued a Request to Reinstate License to the Division of Professions. Said request provided as follows: The license(s) of the parent named below, was suspended for nonpayment of support. Please reinstate the license(s). The parent is paying as agreed or ordered, the circuit court has ordered reinstatement, or the parent is otherwise entitled to have the license(s) reinstated under section 409.2598(4)(b), Florida Statutes. Court Case Number: 060015893CA-06 Parent's Name: TERRENCE A DAVIS Mailing Address: 7905 SW 7th Pl, North Lauderdale, FL 33068-2123 License Number(s) and Type(s): 12000229 Reg. Alarm System Contractors I (EY), 13012890 Reg. Electrical Contractors (ER) On or about July 23, 2013, Petitioner applied for certification as an electrical contractor pursuant to the "grandfathering" provisions of section 484.514, Florida Statutes.2/ Included with Petitioner's application, was a personal financial statement wherein Petitioner itemized his assets and liabilities. Petitioner's personal financial statement concluded that his personal net worth was $56,400.00. Also included in Petitioner's application was a business financial statement for "D" Electrician Technical Services, Inc., that similarly itemized Petitioner's business assets and liabilities. Petitioner's business financial statement concluded that the business's net worth was $35,945. By a Notice of Intent to Deny, dated October 18, 2013, the Board denied Petitioner's application for two reasons: within the previous five years, Petitioner's contracting license was suspended for failure to pay child support; and Petitioner's application failed to demonstrate that he had the requisite financial stability as required by rule 61G6- 5.005(3) and requisite net worth as required by rule 61G6-5.004. Petitioner credibly testified as to the figures supporting the itemization of both his personal and business assets and liabilities and respective net worth contained in the application. Petitioner conceded that a credit report, dated July 8, 2013, documents that he had a late mortgage payment in April 2010; that in 1997, his child support arrearage was placed in collection; and that an account, with a current balance of $3110.00, was placed for collection. Petitioner contends said account concerned a one-year lease that he was unable to satisfy at the time due to his detainment for the above-noted criminal charges. Respondent presented the testimony of Clarence Kelly Tibbs. Mr. Tibbs is a state-certified electrical contractor who served on the Board for approximately 13 years. Mr. Tibbs was not on the Board at the time the Board considered and rejected Petitioner's application. The undersigned deemed Mr. Tibbs as an expert in electrical contracting. Mr. Tibbs did not testify concerning the areas of his expertise (electrical contracting), but rather, offered opinions on the propriety of the Board's denial of Petitioner's application. Mr. Tibbs testified that, "as an ex-Board member," looking at Petitioner's personal and business financials, there were several problems. After itemizing his concerns, Mr. Tibbs concluded that, "[h]owever, looking at the financials that you've got in front of me, although I have some problems with them, I could probably go ahead and approve them."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that The Department of Business and Professional Regulation, Electrical Contractor's Licensing Board, enter a final order denying Petitioner's application for licensure as a certified electrical contractor. DONE AND ENTERED this 7th day of May, 2014, in Tallahassee, Leon County, Florida. S TODD P. RESAVAGE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of May, 2014.
Findings Of Fact Johnson Controls, Inc., Petitioner, is a foreign corporation licensed to do business in Florida. It maintains offices in Jacksonville, Tampa, and Miami, employs sixty to eighty employees in this state and conducts business throughout Florida. It holds licenses in twenty-three separate Florida counties and municipalities. Petitioner is a multi-million dollar corporation licensed to do business in forty-nine of the fifty states. It engages in the business of manufacturing electrical components and constructing, installing, and servicing electrical control systems and other phases of electrical contracting work. On November 16, 1978, Petitioner filed with the Florida Electrical Contractors' Licensing Board (Board or Respondent) its application for licensure naming Wilfred Allen Infinger as qualifying agent. Winfred Allen Infinger holds a B.E. degree in technology and construction and a journeyman's electrician license in Pinellas County. He has experience in all phases of electrical contracting work and is fully qualified to serve as qualifying agent of Johnson Controls. On December 5, 1978, the Board returned the application requesting additional information relating to Johnson Control's financial statement and credit standing. On June 29, 1979, Johnson Controls refiled its application including additional financial information. On March 14, 1979, the Board advised Petitioners that the application would be reviewed by the application committee, thereby acknowledging receipt of a complete application. By letter of 8 May 1978, the Board advised applicants that it found in the application insufficient evidence to qualify Johnson Controls to sit for the examination because: Your application failed to meet the qualifications as that of a Florida licensed electrical contractor (468.181(5)) whose services are unlimited in the Electrical Field. The review of your application reflects that Johnson Controls, Inc. is a specialty contractor and presently Florida Statutes, Chapter 468, Part VII does not provide for a licensure of specialty contractors. Thereafter this petition and the petition in Case 79-1145R were filed. Johnson Controls' primary interest in the electrical contracting field involves wiring for temperature and humidity controls, communications and protective systems, and maintenance and repair of these systems. During the period from December 1976 to September 1978, included in Petitioner's application showing type of work performed, twenty-six contracts were listed varying from $5,000 to $300,000 in which Johnson Controls was subcontractor. Although not apparent on the face of the application, most of these subcontracts involved the installation of temperature control equipment and various low-voltage control equipment for life safety systems such as fire alarms and smoke detectors, security, and energy consumption. In the construction and installation of control systems, Johnson Controls performs design work, wires control systems by connecting the various components, installs sensors, motors, conduit, raceways, panels, switches, circuit breakers and power wiring. Although Johnson Controls normally works on voltage no higher than the 440 volt range, it has performed work on high voltage systems in excess of 13,000 volts. In addition, it has wired entire buildings, both industrial and residential, including phase balancing of the circuits. Control wiring is generally considered more complicated, therefore requiring a higher degree of skill, than most residential wiring. Commencing in 1973, Johnson Controls has filed five applications for licensure, including the present application, and all have been denied by the Board. Although the Board denied Johnson Controls' latest application on the grounds that the work it performs was not "unlimited", at the same time the applications of Brown and Root, Inc. and Bechtel Power Corporation were approved. Both of the latter companies are large international contractors whose only work in Florida involves electrical power plant installations. Holding local licenses allows Petitioners to enter into any electrical contract for the area in which licensed. However, if Petitioner is called upon to bid on work in an area in which it is not licensed, it must rely upon a local electrical contractor to perform the work. If the applied for license was granted, Petitioner would be able to bid and work statewide and could also cease paying annual renewal fees for the twenty-three local licenses it now holds. Johnson Controls is financially capable of performing unlimited services in the electrical field. Winfred A. Infinger is qualified by training and experience to serve as qualifying agent for a Florida electrical contractor.
Findings Of Fact There is no dispute as to the facts involved in this rule challenge. Johnson Controls, Inc. is a large corporation operating throughout the United States. It engages in the business of manufacturing electrical components and in constructing, installing and servicing electrical control systems and other phases of electrical contracting work. As its name implies, Johnson Controls' primary emphasis in the electrical field is in selling, installing, and maintaining systems for fire, security, heating, air conditioning, and energy consumption controls. Johnson Controls is presently licensed to do electrical contracting work by 23 counties and municipalities in Florida and in 49 of the 50 states. Winfred Allen Infinger holds a B. E. degree in Technology and Construction, a journeyman electrician's license in Pinellas County, and is fully qualified by training and experience to be the qualifying agent of Johnson Controls in this application. In its letter of May 8, 1979 denying petitioner's application, Respondent, through its executive director, stated the following grounds: Your application failed to meet the qualification as that of a Florida licensed electrical contractor (468.181(5)) whose services are unlimited in the Electrical Field. The review of your application reflects that Johnson Controls, Inc., is a specialty contractor and presently Florida Statutes, Chapter 468, Part VII does not provide for licensure of specialty contractors.
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.
The Issue Whether Respondent discriminated against Petitioner on the basis of her race and sex, and whether Respondent retaliated against Petitioner for making complaints of discriminatory treatment.
Findings Of Fact Respondent JATC is an apprenticeship program which provides training to persons who desire to become journeymen electricians. JATC is supervised by the United States Department of Labor and a corresponding State of Florida governmental agency. JATC is based in Gainesville, Florida, and is headed by a six-member committee of three contractor representatives appointed by the area's National Electrical Contractors Association and three labor union representatives appointed by the International Brotherhood of Electrical Workers (IBEW), Local 1205. The committee decides disciplinary actions and policy matters involving apprentices. The committee employs a director. JATC's geographical jurisdiction is bounded at Wildwood, Florida, on the south to the St. John's River on the east, cutting across west of Jacksonville through Tallahassee and Panama City, Florida, to the west, and includes three counties in Georgia to the north. An advisory subcommittee deals with routine matters in and for the Tallahassee area, and a similar advisory subcommittee handles routine matters in and for the Panama City area. For matters which are not considered routine and require final action, the subcommittees refer the matters to the full committee at the Gainesville headquarters. JATC does not have actual offices in Tallahassee or Panama City, but utilizes the union halls for the subcommittees' activities. Persons desiring to become journeymen electricians apply to JATC to enter the apprenticeship program and, if selected for the program, are required to enter into an apprenticeship agreement with JATC. In order to complete the program, a person must complete 8,000 hours of on-the-job training, complete 144 hours per year of classroom training, and pass various tests. The apprenticeship program was originally designed as a five-year program, but JATC has condensed the classroom work and the on-the-job training to four years with no summer vacations. JATC is responsible for the selection, placement, and training of the apprentices as work is available. JATC does not employ apprentices. It refers apprentices for employment to participating electrical contractors for positions which provide wages and on-the-job training within JATC's geographical jurisdiction. When a participating contractor needs to hire electrician apprentices, the contractor contacts JATC. In turn, JATC contacts the requested number of apprentices and refers them to the contractor for possible hiring. The decision to hire an apprentice is made by the contractor, who also determines whether to terminate or layoff an apprentice. The duties of the apprentice on the work site are assigned by the contractor and may include such tasks as carrying trash and digging ditches. The policies and standards of JATC do not require an apprentice to be under constant supervision on job sites. Apprentices are provided direct supervision, which allows them the opportunity to have direction from persons who are knowledgeable in the type of work that is being performed by the apprentices. Opportunities for on-the-job training depend on the needs of the contractors. Jobs can last anywhere from two days to four years, and depend on the amount of building construction in the area at any given time. Due to the fluctuation in the number of jobs available in the various areas within JATC's jurisdiction, apprentices have been referred to and have worked on jobs in areas within JATC's geographical jurisdiction that are away from the apprentices' residences. Johnson, a black female, entered into an apprenticeship program with JATC in August 1998. She signed an Apprenticeship Agreement, sometimes referred to as an "Indenture," in which she agreed "diligently and faithfully to perform the work of said trade during the period of apprenticeship, in accordance with the registered standards of [JATC]." The Policy Statements of JATC govern the conduct of the apprentices. Johnson received copies of each Policy Statement in effect during the time that she participated in the apprenticeship program. She signed statements acknowledging that she had read, understood, and would comply with the Policy Statements. The Policy Statements provided: "Violations of J.A.T.C. rules and policy may lead to or result in termination of indenture or other action deemed appropriate by J.A.T.C." Johnson was interviewed and accepted for the first JATC class in Tallahassee. During the interviews of apprentices for the first Tallahassee class, the candidates were specifically asked whether they would be able to travel to other cities for work, away from where they normally resided. During her interview, Johnson did not indicate any problems or difficulty with traveling to work in areas away from her Tallahassee home. On October 16, 1998, Johnson was issued a Notice of Termination from Miller Electric Co. (Miller). She had been employed by Miller on referral from JATC. The reason given on the notice was that Johnson had resigned; however, JATC had actually pulled Johnson away from the job because it understood that Miller was going to terminate Johnson. JATC felt that Johnson had potential as an apprentice so she was referred to another contractor, Raytheon Constructors, Inc. (Raytheon) which had an opening for an apprentice. On March 12, 1999, Raytheon issued a Termination Notice to Johnson, terminating her employment for "failure to meet job site requirement," and indicating that she was not eligible for rehire with Raytheon. Johnson had failed a drug test. Johnson informed JATC of the situation with Raytheon. The Director of JATC advised her to present a clean drug test, which she did. Although the Policy Statements provided that Johnson could be disciplined for being terminated and receiving a "not for rehire," she was not disciplined. She was referred for more job assignments. By letter dated December 17, 1999, Johnson complained to the Director of JATC that she was not being given work when work was available. She requested that JATC force her former employer, Hartsfield Electric, to reemploy her, even though she complained that when she worked for Hartsfield that she was given "the hardest and dirtiest jobs they had." She concluded her letter by stating: "I will do what ever it takes to stay in this program, but I won't leave Tallahassee to do so." Johnson resided in Tallahassee and was unwilling to take assignments outside the Tallahassee area. When the Director of JATC received the December 17, 1999, letter from Johnson, he investigated her allegations, including her work assignments with Hartsfield. He determined that Johnson's assignments were within the duties of an apprentice and, although some of the tasks may have been "crappy work," that was part of being an apprentice. Hartsfield was not satisfied with Johnson's work and was unwilling to rehire her. Johnson received an "unsatisfactory job performance" evaluation from Atkins Electric Co. for the period April 13, 1999, to May 7, 1999. Because of her prior job performance, participating Tallahassee contractors were refusing to hire Johnson. JATC continued to accommodate Johnson's desire not to work outside the Tallahassee area. When a new contractor who did not have previous experience with Johnson would come to Tallahassee, JATC would refer Johnson to that contractor. Apparently Hartsfield changed its position and rehired Johnson at some point, because on May 15, 2000, Hartsfield gave Johnson a Notice of Termination. The notice cited lack of production, the need for constant supervision, and tardiness as the reasons for termination. The notice also indicated that Johnson was not eligible for rehire. The JATC Policy Statements provided that an apprentice who was terminated from a job or received a "not-for-hire" was to appear before the committee to discuss the termination before any disciplinary action would be taken. The Policy Statements also provided that the apprentice would not be reassigned to any job until JATC reviewed the termination. Johnson was noticed to appear before the Tallahassee subcommittee, who referred the termination issue to the committee in Gainesville. Johnson was issued a notice to appear before the Gainesville committee. No disciplinary action was taken against Johnson for the termination. The committee gave her the option of going to another location to find employment and, when work became available in Tallahassee, being sent back to Tallahassee to work. By letter dated August 9, 2000, Hartsfield wrote to the Local Union 1205, requesting that Johnson not be referred to Hartsfield and giving as reasons that Johnson did not follow orders well, was not dependable, and was irresponsible. On November 3, 2000, JATC notified Johnson to appear before the Tallahassee subcommittee for absenteeism from class. The class attendance sheets showed that Johnson had been absent from class three times from August to October 2000. No disciplinary action was taken against Johnson because of her absences. Around November 16, 2000, the Director got Johnson hired by a new participating contractor in Tallahassee. Johnson was terminated by that contractor for having a bad attitude. The contractor would not rehire Johnson. Johnson appeared before the subcommittee and requested that she be allowed to come up with a plan in which she would wire her home and those hours working on her home would be counted towards her required on-the-job training hours. The Director told her to put the plan in writing so that it could be presented to the committee. Johnson failed to prepare a written plan. After being on the job with Miller Electric for 28 days, Johnson received a poor performance evaluation on March 3, 2001. The evaluation indicated that Johnson needed improvement in her work habits, needed constant supervision, stood around and showed little interest in her job, was resentful and uncooperative, and had very little mechanical aptitude. Johnson was noticed to appear before the Tallahassee subcommittee concerning her poor evaluation. The subcommittee referred the issue to the committee in Gainesville. Johnson was notified to appear before the committee in Gainesville, which she did on March 27, 2001. She told the committee that she was getting mixed feelings on what she was expected to do on the job. The committee explained in great detail what was expected of her. Johnson acknowledged that she understood. The committee placed her on one-year probation and advised her in writing that "any further infraction to the policy statement could mean your immediate termination." Johnson filed an appeal of the action placing her on probation. The Director investigated her claims and spoke to anyone he could find on the job site in question. He interviewed the supervisors, who had been on the job with Johnson. Johnson was given the opportunity to provide the committee with the names of witnesses who could support her claim that she should have been given a better evaluation and any other information that she had concerning the performance evaluation. At the April 24, 2001, meeting of the Gainesville committee, the Director advised that he had statements from some of the people he interviewed. Johnson had not supplied the committee with any additional information. Having received no information from Johnson, the committee denied her appeal. On two occasions, Johnson told the Director that she believed the Tallahassee contractors were discriminating against her. On each occasion, the Director investigated her claims, interviewed individuals on the job site, and interviewed Johnson. Based on his investigation, he was unable to conclude that she had been discriminated against. Electricians in North Florida or Tallahassee cannot make a living by limiting their job opportunities to the towns in which they live. The supply of workers is greater than the demand for labor. After Johnson was put on probation, JATC continued to have difficulty finding any contractors in Tallahassee who would hire Johnson. The Director offered her referrals wherever work was available, such as Panama City, Gainesville, and Palatka. She refused the offers, and stated that she would not leave Tallahassee. Around August 7, 2001, JATC committee member and assistant business manager for IBEW Local 1205, Tommy Ward, attempted to contact Johnson by telephone to provide her referrals for on-the-job training work. He continued to attempt to contact her two times by telephone during the following week. Several referrals for jobs were available at that time. On August 13, 2001, Mr. Ward learned that Johnson had changed and updated her address and telephone number. He attempted twice to contact her using her new telephone number. He was unsuccessful, but he left messages for her to contact him. Johnson failed to return Mr. Ward's calls, so he sent her a certified letter dated August 15, 2001, advising her that he had been trying to reach her. She signed for the receipt of the letter on August 18, 2001. He continued to attempt to contact her by telephone after he sent the letter. From August 9, 2001, through September 5, 2001, Mr. Ward attempted to contact Johnson at least ten times, but was unsuccessful. The Policy Statements require that one unexcused absence from class in any semester may result in apprentices being terminated from the program. Johnson had been absent from class two times in August 2001. A certified letter dated September 10, 2001, was sent to Johnson by JATC notifying her that action would be taken at the September 25, 2001, Gainesville committee meeting to terminate her from her indenture with the apprenticeship program for failure to attend classroom training and failure to respond to work assignments. The letter was unclaimed, and the postal service returned the letter to JATC after the September 25, 2001, meeting. The committee was advised that Johnson had called the Interim Apprenticeship Director the day of the meeting, asking for the telephone number for Mr. Ward. Unaware that Johnson had not received the notice of the committee meeting, the committee voted to terminate Johnson from the apprenticeship program. By letter dated October 23, 2001, JATC notified Johnson that the committee had voted to terminate her from the program. The Policy Statements of JATC provide procedures for appealing actions of the committee. The procedure is as follows: APPEAL PROCEDURE If an apprentice feels that he or she has been treated unfairly or canceled without due course, he or she may file an appeal within ten (10) days of receipt of notice of the committee's action. This complaint shall be in writing and signed by the apprentice and shall include his/her name. No reinstatement shall be considered unless a written appeal is received within ten (10) days after receiving cancellation notice from the J.A.T.C. The Policy Statements also require that when an apprentice requests to appear before the committee, the apprentice has the responsibility to make certain that he or she is available at the time assigned by the committee. Johnson appealed the committee's decision to terminate her from the program. By letter dated December 21, 2001, JATC notified Johnson that her appeal would be heard at the Gainesville committee meeting scheduled for January 22, 2002. Johnson advised the committee that she would not be able to attend the January 22 meeting because her house had burned. JATC notified Johnson by letter dated February 13, 2002, that she could present her appeal to the committee at its meeting on February 26, 2002. Johnson received notice of the meeting, but failed to appear at the February meeting. The committee notified her that it would consider her appeal at the March 26, 2002, meeting. Johnson received notice of the meeting, but failed to attend the March meeting. JATC took no further action on her appeal after her failure to appear. Johnson claims that the younger white males in the program were treated differently than she. The only person that she could recall was Mark Hoffman, whom she asserted was absent more than she and was not disciplined for his absences. As revealed by the records of JATC, Mr. Hoffman was terminated from the program in December 2001 for a failing average for the year and for absenteeism. At least three males had been terminated from the program for absenteeism before Johnson was terminated. Johnson also claims that she was treated differently than the younger white males on the job site because she was given tasks such as cleaning up the work site and digging ditches. All apprentices are given tasks such as cleaning up the work site and digging ditches. It is part of the job. When a person progresses from an apprentice to a journeyman, the person is still expected to do work such as cleaning up the site and digging ditches. The evidence does not support Johnson's claim that she was treated differently in the duties that she was being given on the work site. Johnson was involved in an automobile accident in September 1999. As a result, she suffered a torn rotator cuff, which required surgical repair. Johnson brought suit against the other driver in the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida, Carol Johnson vs. Kone, Inc., and Kirk Kyle Pope, Case No. 01-CA-2412. Her deposition was taken in that case on June 10, 2002. In her deposition, Johnson was asked the following questions and gave the following answers: Q. And I am asking you, okay, do you think, do you think that you would be an electrician today if you didn't have the shoulder problem? A. Yes. Q. Okay, and why do you say that? A. Because eventually I will have to find another career. I have waited all my life to do work in construction. I finally found a job that I like and now I can't, I wouldn't be able to do it much longer. Q. Well, what, why don't you think you are going to be able to continue in your chosen field as an electrician or apprentice or helper? A. Because the pills, the pain pills I take they make me sleepy. They make me tired. I can, I can't get up and do like I used to, so eventually I will have to find a desk job. I won't even probably be able to go back to agriculture because you have to be able to work in the field. I will have to find another career. Part of the duties of an electrician, apprentice, or journeyman, includes being able to lift and carry over 50 pounds and having good motion ability. Johnson admits that during her apprenticeship and as of the final hearing that she had a physical disability that affected her ability to perform in the apprenticeship program. She stated that she would be slowed down in her work, and she would not be able to pick up and handle heavy things like she could do prior to her accident.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Gainesville Electrical Joint Apprenticeship Training Committee did not discriminate against Carol D. Johnson based on race or sex and did not retaliate against her for making complaints of discrimination, dismissing her petition, and denying Gainesville Electrical Joint Apprenticeship Training Committee's request for attorney fees. DONE AND ENTERED this 12th day of March, 2003, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 12th day of March, 2003. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Paul A. Donnelly, Esquire Donnelly & Gross Post Office Box 1308 Gainesville, Florida 32602-1308 Laura A. Gross, Esquire Donnelly & Gross Post Office Box 1308 Gainesville, Florida 32602-1308 Carol D. Johnson 1420 North Meridian Road, Suite 108 Tallahassee, Florida 32303 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
