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.
The Issue Whether Robert Bennett's license as an electrical contractor should be disciplined for violating Sections 489.533(1)(f) and (i), Florida Statutes?
Findings Of Fact The Petitioner is the state agency charged with the responsibility of prosecuting administrative complaints against electrical contractors in the State of Florida. At all times relevant to this proceeding, Robert Bennett was licensed by the State of Florida as an electrical contractor. Mr. Bennett has been licensed as an electrical contractor since 1983. Mr. Bennett holds license number ER 0008588. Mr. Bennett practices electrical contracting as "Bob Bennett Incorporated" or "Bennett Electric." Mr. Bennett has performed electrical work for approximately fourteen years. On or about December 3, 1986, Mr. Bennett was contacted by Lee Maranzino or her husband. Mr. Bennett agreed to install three ceiling fans in the Maranzino home in Holly Hill, Volusia County, Florida. After beginning work at the Maranzino home, Mr. Bennett discovered that electrical work other than installing the three ceiling fans was needed. He explained the problems he discovered to the Maranzinos and obtained their approval to perform the work. After installing the ceiling fans, Mrs. Maranzino told Mr. Bennett that fuses associated with the use of the oven in her kitchen were blowing. Mr. Bennett was by Mrs. Maranzino's to correct the problem. Mr. Bennett was aware that a permit for the electrical work he ultimately performed for the Maranzinos was probably required because at some point during his work he suggested to Mr. Maranzino that a permit be obtained. Mr. Bennett told Mr. Maranzino that "technically, it's maintenance so we might be able to get by without doing it, you know" when Mr. Maranzino expressed concern about the cost of obtaining a permit. Ultimately, Mr. Bennett performed the following electrical work at the Maranzino home on December 3 and 8, 1986: Blocked off a junction box for a light in a closet and moved the light to the center of the room where the closet was located. The switch leg was also moved by Mr. Bennett; Replaced the wiring in three rooms and installed three ceiling fans; and Removed a subpanel with a burned fuseholder, installed and wired a new junction box, installed a proper "overcurrent device" in the main panel; rerouted the remaining four circuits to the main panel; and installed overcurrent devices on each circuit. Mr. Bennett recommended the rewiring because of his concern about the condition of the existing wire. Mr. Bennett used the following materials to perform the work he performed at the Maranzino home: 80 feet of 14-2 Romex wire; 4-1900 series boxes; 4 covers; 3-3 inch round boxes; and 6 Romex connectors. Mr. Bennett was paid $384.00 for the work he performed for the Maranzinos. Section 7-51(a) of the City of Holly Hill's Buildings and Building Regulations provides the following: (a) No person shall do any electrical construction of any character, install any electrical wiring, apparatus, or equipment or make any extensions or changes to existing systems or wiring for light, heat, power or advertising within the limits of the city, excepting the repairing of damaged or broken fixtures, apparatus or equipment and the ordinary work necessary for the proper maintenance of same without a permit issued by the electrical inspector. Permits required by this Regulation are to be obtained before the work is commenced. No electrical permit was applied for or obtained for the electrical work performed by Mr. Bennett for the Maranzinos prior to the time the work was performed. Mr. Bennett applied for and received an electrical permit for the electrical work performed by Mr. Bennett for the Maranzinos on July 29, 1987, approximately seven months after the work was completed. No inspection was requested or performed by the Chief Building Official and Zoning Enforcement Officer of the City of Holly Hill for the electrical work performed by Mr. Bennett for the Maranzinos until approximately seven months after the work was completed. According to the Chief Building Official and Zoning Enforcement Officer of the City of Holly Hill, an electrical permit should have been obtained prior to going forward with the electrical work performed by Mr. Bennett for the Maranzinos. Although he was also of the opinion that an electrical permit would not be required for installing ceiling fans (merely connecting of a ceiling fan to an existing connection), an electrical permit should have been obtained when Mr. Bennett discovered that the other types of electrical work he performed were necessary. Mr. Bennett is licensed to practice electrical contracting in thirty- eight counties in the State. Mr. Bennett was aware that an electrical permit would be required for the type of work he performed in some cities located within some of those counties. Mr. Bennett made no inquiry of building officials to determine whether an electrical permit was required for the work to be performed for the Maranzinos immediately before the work was commenced. In 1983, before moving from Broward and Palm Beach Counties to Volusia County, Mr. Bennett discussed permit requirements generally with building officials throughout Volusia County, including the Chief Building Official and Zoning Enforcement Officer of Holly Hill. This is the first time that disciplinary action has been taken against Mr. Bennett's license.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Robert Bennett be found guilty of having violated Sections 489.533(1)(f) and (i), Florida Statutes. It is further RECOMMENDED that Mr. Bennett be required to pay a $250.00 fine within thirty (30) days after this case becomes final and that Mr. Bennett receive a reprimand. DONE and ENTERED this 13th day of February, 1989, in Tallahassee, Florida. LARRY J. SARTIN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of February, 1989. APPENDIX Case Number 88-1996 The parties have submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. The Petitioner's Proposed Findings of Fact Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection 1 1 2 3. 3 4. The initial oral contract was only for the installation of three ceiling fans and not for "some wiring". 4 8. 5 9. 6 10. 7 11. 8 13. 9 15. 10 14. 11 15. 12 12. 13 16. 14 18. 15 16. 16 8. 17 17. The Respondent's Proposed Findings of Fact Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection 1 2 and 20. 2 19. 3 See 4-5, 8 and 16. 4-5 Proposed finding of fact is generally correct. The weight of the evidence, however, failed to prove that Mr. Harbuck initially supported Mr. Bennett's actions because he had not paid sufficient attention to the information initially provided to him by Mr. Bennett concerning the work that was performed. Proposed finding of fact 5 is not supported by the weight of the evidence. 6 14. COPIES FURNISHED: Pat Ard, Executive Director Board of Electrical Contractors Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32399-0750 Elizabeth R. Alsobrook, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Jason G. Reynolds, Esquire Post Office Drawer 9670 Daytona Beach, Florida 32020 Kenneth E. Easley, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32399-0750
The Issue Whether Petitioner is entitled to additional credit for his responses to the "Principles and Practice" portion of the electrical engineer examination administered by Respondent in October 1996.
Findings Of Fact Petitioner took the electrical engineer licensing examination administered by Respondent in October 1996. Respondent is the agency of the State of Florida with the duty to regulate the practice of electrical engineering in Florida. Pursuant to Section 471.015, Florida Statutes, an applicant for licensure as an electrical engineer is required to successfully pass both parts of a licensure examination.1 The electrical engineer licensure examination at issue in this proceeding was developed and graded by the National Council of Examiners for Engineering and Surveying (NCEES). Following the initial grading of the "Principles and Practice" section of the exam, Petitioner was awarded a score of 68. A total score of 70 was required to pass that portion of the examination. Petitioner thereafter timely challenged the grading of two questions on the "Principles and Practice" portion of the exam. His challenge was limited to Questions 130 and 132. Petitioner did not specifically challenge Question 131. In response to that challenge, Respondent sent Petitioner’s examination package back to NCEES to have the "Principles and Practice" portion of the examination re-graded. NCEES re-graded all of Petitioner's answers to the "Principles and Practice" portion of the examination, including his responses to Questions 130, 131, and 132. NCEES initially awarded Petitioner a score of 2 points for his answer to Question 130. When the answer was re-graded, Petitioner was not awarded any additional credit for his answer to Question 130. The record in this proceeding established that Petitioner's answer to Question 130 was properly re-graded. Petitioner is not entitled to any additional credit for his response to Question 130. NCEES initially awarded Petitioner a score of 2 points for his answer to Question 132. When the answer was re-graded, Petitioner was awarded a score of 4 points for his answer to Question 132. The record in this proceeding established that Petitioner's answer to Question 132 was properly re-graded. Petitioner is entitled to a score of 4 points for his answer to Question 132. NCEES initially awarded Petitioner a score of 8 points for his answer to Question 131. When the answer was re-graded, Petitioner was awarded a score of 6 points for his answer to Question 131. The record in this proceeding established that Petitioner's answer to Question 131 was properly re-graded. Petitioner is entitled to a score of 6 points for his answer to Question 131. Petitioner is not entitled to a score of 8 for his answer to Question 131. Each of the three questions at issue in this proceeding is a problem that requires multiple steps and computations to solve. If a candidate correctly answers all parts of the question a score of 10 points is awarded. Partial credit can be awarded based on how many of the parts of the question are correctly answered. There is no allegation that the three questions involved in this proceeding are ambiguous or otherwise inappropriate for a licensure examination. The record is not clear when Respondent notified Petitioner of its position following the re-grading of the questions at issue. It is clear that Petitioner was aware of Respondent's position prior to the start of the formal hearing. During the formal hearing and in his post-hearing submittal, Petitioner challenged Respondent's right to re-grade Question 131 since he had not specifically challenged that question. Petitioner has not asserted that he was provided insufficient notice of Respondent's position.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a Final Order that awards Petitioner a score of 68 on the "Principles and Practice" portion of the October 1996 licensure examination. DONE AND ENTERED this 11th day of December, 1997, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 11th day of December, 1997.
Findings Of Fact Bobby Serota is licensed as an electrical contractor in Dade, Broward and Palm Beach Counties and is fully qualified by experience and training to take the FECLB examination. Petitioner is presented of Serota and Maggi Electrical Company, Inc. In 1979, the company failed to remit to the Internal Revenue Service (IRS) payroll taxes when due, and the IRS placed a lien against the company for some $24,000 for taxes, penalties and interest. Serota entered into an agreement with the IRS to repay this indebtedness at the rate of $1500 per month and is current on those payments. If this scheduled is maintained the lien will be satisfied in January, 1982. The examination for which Serota has applied is given twice per year. The next examination will be given in December, 1981, or January, 1982.
Recommendation From the foregoing it is concluded that Petitioner is fully qualified to sit for the next examination but for the IRS lien filed against his company. This IRS lien will be liquidated by the time the next examination is given provided Petitioner keeps his payments to the IRS current. It is, therefore, RECOMMENDED that Bobby Serota be qualified to sit for the next electrical contractors examination provided that he submits to the Board by 1 December 1981, a statement showing his payments to the IRS are current. ENTERED this 14th day of August, 1981, in Tallahassee, Leon County, Florida. K. N. AYERS Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of August, 1981. COPIES FURNISHED: Mr. Bobby Serota 2040C Tigertail Boulevard Dania, Florida 33004 Susan Tully, Esquire Assistant Attorney General Department of Legal Affairs Administrative Law Section The Capitol Tallahassee, Florida 32301 Nancy Kelley Wittenberg, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 =================================================================
Findings Of Fact Douglas H. Gunter is a 34-year-old applicant for the unlimited electrical contractor's examination. He attended Gulf High School in New Port Richey, Florida, and took classes at Austin Community College in Austin, Texas. His college classes included courses in Business Math, Principles of Management, Principles of Microeconomics, Mathematics of Finance, Principles of Accounting I, Principles of Accounting II, and Individual Income Tax. He earned a total of 21 semester hours in the Austin Community College system. From 1972 to 1975 Mr. Gunter worked as a residential electrician. From 1975 through 1979 he was enlisted in the U.S. Navy. He completed the Navy electronics and basic electricity school, and the aviation electrician's mate school and an aviation electrician organizational maintenance course. From October 1976 through July 1979, he was assigned to the electrical instrument branch of a Naval maintenance department, where he was responsible for performing scheduled and unscheduled maintenance on U.S. Navy aircraft as an aircraft electrician. After leaving the Navy he managed all phases of his family's plumbing business, George Gunter Plumbing, Inc., which is State-certified plumbing contractor #CFC040002, from 1979 to 1983. His management duties included estimating, payroll, handling workers' compensation insurance, taxes and the ordering of supplies for jobs in both residential and commercial plumbing. Mr. Gunter possesses an electrical contractors' license in Palm Beach County, #V-16057, where he has been active as an electrical contractor for approximately three months. He also holds an electrical contractors license in Pasco County which he received in 1984, #3277, but which became inactive soon thereafter. It was briefly reactivated last year. Mr. Gunter has been engaged in electrical work for a number of companies from 1985 through the present. These included such things as the installation of a Switch Gear Computer system and energy management system in a 20,000 square foot office building in Austin, Texas; installation of panel boards and outside lighting and fire alarm system in a restaurant/office complex in Boca Raton, Florida; installation of kitchen equipment, a laundry and boiler room and controls for lighting in a Marriott Hotel; electrical work in a restaurant in Coral Springs, Florida; in a shopping center in Plantation, Florida; at an oil lube center in Margate, Florida; and a commercial jewelry store in Hollywood, Florida. The Board is satisfied that Mr. Gunter has adequate technical or field experience as an electrician (Tr. 28). The denial letter from the Board focused on whether Mr. Gunter had three years of responsible management experience or six years comprehensive, specialized training, education or experience associated with an electrical contracting business.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that a Final Order be entered by the Electrical Contractors Licensing Board denying the application of Douglas H. Gunter to sit for the examination as an unlimited electrical contractor. RECOMMENDED this 18th day of December, 1991, at Tallahassee, Florida. WILLIAM R. DORSEY, JR. Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of December, 1991. COPIES FURNISHED: Douglas H. Gunter 600 East River Drive Margate, Florida 33063 Clark R. Jennings, Esquire Department of Legal Affairs The Capitol Tallahassee, Florida 32399-1050 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Daniel O'Brien, Executive Director Department of Professional Regulation Electrical Contractors Licensing Board 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Petitioner is entitled to licensure as a certified electrical contractor pursuant to the provisions of Section 489.514, Florida Statutes.
Findings Of Fact At all times material hereto, Petitioner, William Davidson Schaefer (Petitioner), was a licensed electrical contractor, having been issued License No. ER-0008163. This license, issued to Petitioner after he fulfilled the competency requirements of the Pinellas County Construction Licensing Board, allows him to practice electrical contracting in Pinellas County, Florida. To meet the competency requirements of the Pinellas County Construction Licensing Board necessary to obtain an electrical contracting license, Petitioner had to successfully complete a written examination. In 1981, when Petitioner received his license, the test required by the Pinellas County Construction Licensing Board was administered by Construction Exams, Inc., the sole test provider for Pinellas County. Petitioner took the Electrical Contractor's Examination administered by Construction Exams, Inc. on June 26, 1981, and earned a passing score of 86.5%. Petitioner has practiced electrical contracting in Pinellas County since 1981 and has been sole owner of Lester Electric, Inc., an electrical contracting company, since 1983. Petitioner's license is active and in good standing. Moreover, during the time that Petitioner has practiced electrical contracting, he has not been the subject of any complaints filed with, or discipline imposed by, the Pinellas County Construction Licensing Board. On or about May 8, 2000, Petitioner applied to the Electrical Contractors' Board (Board) for certification as an electrical contractor pursuant to the "grandfathering" provisions of Section 489.514, Florida Statutes. On or about May 26, 2000, the Board denied Petitioner's application for certification as an electrical contractor because he did not provide information upon which the Board could determine that the examination administered by Construction Exams, Inc. is substantially similar to the state examination. The exam administered by Construction Exams, Inc. contained a technical section and a general business section. However, Petitioner does not recall if the examination included a section or questions on safety. On the Examination Verification Form submitted to the Board as part of Petitioner's application, the Pinellas County Construction Licensing Board verified that the examination taken by Petitioner in 1981 included a technical section and a general business section. However, in response to a question on the form asking if the examination had included "fire alarm questions," the Pinellas County Construction Licensing Board marked the response, "Not sure." The company, Construction Exams, Inc., that administered the examination that Petitioner took in 1981 is no longer in business. Petitioner sought to obtain a copy of the examination from the Pinellas County Construction Licensing Board, but learned that the local board did not have a copy of the examination. Except for the time he was taking the examination, Petitioner never had nor has he been able to obtain a copy of the examination from any source. Although Petitioner does not recall if the examination that he took in 1981 included questions on safety and/or fire alarms, he was able to obtain information about some of the areas covered on the examination. Based on the document Petitioner was able to obtain, it appears that the examination he took included questions relative to the mechanics' lien law, workers' compensation law, first aid, OSHA regulations, federal tax law and the national electrical code. The state's Certified Electrical Contractor Exam includes a technical section, a general business section, and a safety section. The examination consists of 150 multiple choice questions, is an open-book test, and includes both a morning session and an afternoon session. Given that Petitioner took the examination more than 20 years ago, it is understandable that he can not recall all the questions and/or sections that were covered on the examination, and that he was unable to obtain a copy of the examination from any source. However, without a copy of the examination or other documents which sufficiently detail the contents of the examination Petitioner took in 1981, it is impossible to determine if that examination is substantially similar to the state examination. Petitioner failed to provide the Board with any information upon which it could make a determination that the examination he took is substantially similar to the state examination required for certification as an electrical contractor.
Recommendation Base on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Board enter a final order denying Petitioner's application for licensure as a certified electrical contractor. DONE AND ENTERED this 31st day of January, 2002, in Tallahassee, Leon County, Florida. 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 31st day of January, 2002. COPIES FURNISHED: Robert C. Decker, Esquire Decker Beeler, P.A. 25 Second Street, North, Suite 320 St. Petersburg, Florida 33701 Barbara R. Edwards Assistant General Counsel Department of Legal Affairs The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 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
