Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, and the entire record compiled herein, I hereby make the following relevant findings of fact: By its Administrative Complaint filed herein dated July 6, 1982, the Petitioner, Electrical Contractors Licensing Board, seeks to take disciplinary action against the Respondent, J. Hugh Smith, a registered electrical contractor, who holds license number ER 0004272. The Respondent is the President of Electric Hugh Company, Inc. Electric Hugh Company is the entity through which the Respondent engaged in the business of electrical contracting in the City of Jacksonville. On March 3, 1982, the Construction Trades Qualifying Board for the City of Jacksonville met and considered charges filed against the Respondent for failure to use certified craftsmen. A Mr. Etheridge, an employee of Respondent, was permitted to engage in electrical contracting work unsupervised by a certified craftsman without being licensed as a certified craftsman. By so doing, Respondent violated Section 950.110(a), Ordinance Code of the City of Jacksonville, Florida. 1/ For that code violation, Respondent's certificate was suspended for a period of six (6) months. (Petitioner's Exhibit 1 and testimony of John R. Bond, Executive Director -- Construction Trades Qualifying Board for the City of Jacksonville) On June 2, 1982, the Construction Trades Qualifying Board convened another meeting to consider other charges filed against Respondent based on an alleged failure (by Respondent) to pull electrical permits on four instances wherein a permit was required. At that time, Respondent's certification was revoked effective June 2, 1982, and that revocation remains in effect. The action by the Construction Trades Qualifying Board, City of Jacksonville, has been reviewed by Petitioner. By way of mitigation, Respondent opined that he considered the two years in which his license has been revoked by the City of Jacksonville as sufficient penalty for the violation. Respondent did not substantively contest the charges.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Respondent's registered electrical contractor's license number ER 0004272 be suspended for a period of two years. DONE AND ENTERED this 17th day of April 1984 in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of April 1984.
The Issue The issue for consideration in this case is whether Respondent’s certification as an electrical contractor should be disciplined because of the matters alleged in the Administrative Complaint filed herein.
Findings Of Fact At all times pertinent to the issues herein, the Pinellas County Construction Licensing Board was the county agency responsible for the regulation of the construction industry in Pinellas County, Florida. Respondent, William L. Crump, Jr., was certified as an electrical contractor under license C-1217 (ER003415), and was on record as qualifying contractor for Crump Electrical Service, which he owned. On September 25, 1997, a representative of Crump Electrical Services submitted a Proposal to Mrs. Christina Windsor, wife of the complaining witness herein, for the upgrading of the electrical panel in the Windsor’s home to 200 amperes. The price quoted for this service was $875.00. Small print on the proposal form indicates that permit fees, if required, are in addition to the cost cited. That same day, September 25, 1997, Mrs. Windsor authorized the work to be done. The work was done as called for. Respondent claims the proposal was made and the work done in response to an emergency call from the Windsors. September 25, 1997, was a Thursday. The city permitting office was open and a permit could have been obtained. No permit for the work was pulled at the time by either the Windsors or Respondent. Mr. Crump was of the opinion that because the Windsors had no power, the work should be done immediately without the delay of getting a permit. Though, he claims, he did not know of it at the time, he has subsequently learned that at the time in issue, the city had a policy whereby, in an emergency situation, a contractor could call in and get oral permission to do work requiring a permit, subsequently paying for and receiving the written permit. This was not done by either the Windsors or the Respondent. Mr. Crump did not pull the required permit after the work was done, or cause it to be pulled by an employee, because of the provision in the proposal form that the property owner was responsible for the cost of the permit. He claims to have advised the Windsors of the need for the permit and believed they had pulled it. The Windsors did not provide him with the extra funds for the permit and did not advise him they had not, or would not, obtain the permit. Though required, at no time was the permit pulled. Mr. Crump’s son and business associate, Todd Crump, contends that the real dispute in this issue relates not to whether the required permit was obtained, but to the Crumps’ failure to provide a statement as to the actual cause of the fire which necessitated the placement of the new electrical panel in the Windsor’s house. Todd contends that after talking with Mr. Dennison, the company’s representative who obtained the purchase order, shortly after the work was done, he got the impression the Windsors were going to obtain the permit. He did not find out that the permit had not been pulled until a month or so after he turned the request for the above-mentioned cause statement over to his father. Todd admits he should have followed up to see if the permit was pulled, but did not. Subsequent to the hearing, Mr. Crump filed a statement denying any intentional wrongdoing, and indicating his intent to give up his “personal business.” It is not known just what the term “personal business“ means. He claims that over the years he has donated significant amounts of professional service to the homeless and other needy persons in his area, but has ceased doing so because of the actions of the Board in attempting to discipline him. He contends the charges against him are unjustified and unwarranted and he implies there is a vendetta against him by the Executive Director of the Board. No independent evidence of this was presented. In a submittal subsequent to hearing, the Board Director recommended imposition of the maximum administrative fine of $1,000, a reprimand, and a one-year probation period with the requirement to file monthly reports on all work contracted.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Pinellas County Construction Licensing Board enter a Final Order imposing on Respondent William L. Crump, Jr., an administrative fine of $500.00 and a reprimand, and placing Respondent’s license on probation for a period of one year under such terms and conditions as the Board may proscribe. DONE AND ENTERED this 22nd day of July, 1998, in Tallahassee, Leon County, Florida. ARNOLD H. POLLOCK 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) 921-6947 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of July, 1998. COPIES FURNISHED: William J. Owens Executive Director Pinellas County Construction Licensing Board 11701 Belcher Road Suite 102 Largo, Florida 33773-5116 William L. Crump, Jr. 2112-J Sunnydale Boulevard Clearwater, Florida 34625
The Issue The issues to be resolved in this proceeding concern whether the Respondent committed the charged violations of Section 489.127(1)(f), Florida Statutes (2006), and Section 489.531(1)(a), Florida Statutes (2006), and if so, what penalty, if any, is warranted.
Findings Of Fact The Petitioner is an Agency of the State of Florida charged with regulating the practice of contracting and the licensure of those engaged in the practice of contracting of all types, in accordance with Section 20.165, Florida Statutes, as well as Chapters 455 and 489, Florida Statutes. The Respondent engages in re-modeling and other construction-related work both as his own business and employment by a certified general contractor. This case arose upon a Complaint filed with the Petitioner Agency by Mr. Kenneth Hatin. The Complaint asserted his belief that the Respondent had engaged in a contract to construct an addition on his home, and after being paid substantial sums of money, had wrongfully left the job and never finished it. The residence in question is co-owned by Mr. Hatin and his fiancée, Ms. Beverly White. Ms. White's first cousin is Ms. Julie Crawley. Ms. Crawley is the Respondent's fiancée. Mr. Hatin and the Respondent were introduced by Ms. Crawley and Ms. White. Mr. Hatin and the Respondent thus met socially and as they got to know each other discussed Mr. Hatin's desire to have an addition placed on his home. The addition consisted of a pool enclosure to be constructed on his property located at 33 Botany Lane, Palm Coast, Florida. Mr. Hatin expressed the desire to have the Respondent assist him in constructing the pool enclosure. The Respondent agreed to do so. The Respondent is employed by his brother, who is a Florida-Licensed General Contractor, but neither the Respondent nor his business, JR. Wittmer's Remodeling, Inc., are licensed or certified to engage in contracting or electrical contracting. In accordance with his agreement with Mr. Hatin, the Respondent provided labor and assistance with the renovation project, including digging ditches, picking-up supplies and being present at the work site. In addition to the Respondent, other friends and family members of the protagonists assisted with the project, including the Respondent's son, Ms. Crawley's son, Mr. Hatin's employer, Ms. White's brother-in-law, and Mr. Hatin himself. This was, in essence, a joint family/friends cooperative construction project. Over the course of approximately five months during the construction effort, Mr. Hatin wrote checks to the Respondent in the total amount of $30,800.00. All contractors or workmen on the job were paid and no liens were placed on Mr. Hatin's property. The checks written were for the materials purchased and labor performed by tradesmen or sub-contractors engaged by the Respondent and Mr. Hatin for various aspects of the job such as roofing, tile or block laying, etc. The Respondent received no fee or profit in addition to the amounts paid to the material suppliers, contractors, and laborers on the job. It is not entirely clear from the record who prepared the contract in evidence as Petitioner's Exhibit four, or the document that the parties treated as a contract. It is not entirely clear who actually signed it, but the document was drafted relating to the work to be done on Mr. Hatin's home (the contract). Mr. Hatin maintained that the Respondent prepared and signed the contract. Ms. Crawley testified that the contract was actually prepared by herself and Ms. White (for "tax purposes"). It is inferred that this means that the contract was prepared to provide some written evidence of the amount expended on the addition to the home, probably in order to raise the cost basis in the home to reduce capital gains tax liability potential at such time as the home might be sold. The term "tax purposes" might mean other issues or consequences not of record in this case, although it has not been proven that the contract was prepared for a fraudulent purpose. Ms. Crawley testified that the Respondent did not actually sign the document himself but that she signed it for him. What was undisputed was that there were hand-written changes made to the contract so as to include exhaust fans, ceiling fans, sun tunnels, a bathroom door and outside electrical lighting. Although there was a change to the contract for this additional scope of work, there was no increase in the amounts to be paid by Mr. Hatin for such work. After the project was commenced and the addition was partially built, Mr. Hatin and Ms. White were involved in a serious motorcycle accident. Work was stopped on the project for a period of approximately seven weeks, with Mr. Hatin's acquiescence, while Ms. White convalesced. The Respondent, during this time, dedicated all of his time to his regular job and other work commitments. It was apparently his understanding, expressed in Ms. Crawley's testimony, that, due to injuries he received in the accident and more particularly the more serious injuries received by his fiancée, that Mr. Hatin was not focused on the project at that time, but let it lapse until the medical emergency was past. After approximately seven weeks of inactivity Mr. Hatin contacted the Respondent requesting that he begin work on the project again. A meeting was set up between Mr. Hatin and the Respondent. The Respondent however, was unable to attend the meeting with Mr. Hatin that day, tried to re-schedule and a dispute arose between the two. Additionally, family disputes over money and interpersonal relationships were on- going at this time leading to a lack of communication and a further dispute between Mr. Hatin, Ms. White, the Respondent, and Ms. Crawley. A threat of physical harm was directed at the Respondent by Mr. Hatin (he threatened to put out the Respondent's "one good eye" if he came on the subject property again). Because of this, the Respondent elected not to return to the project. Inferentially, at that point the process of filing the subject complaint soon ensued.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is, therefore, RECOMMENDED that the Administrative Complaint filed herein be dismissed. DONE AND ENTERED this 12th day of June, 2007, in Tallahassee, Leon County, Florida. S P. MICHAEL RUFF 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 Clerk of the Division of Administrative Hearings this 12th day of June, 2007. COPIES FURNISHED: Ned Luczynski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 E. Renee Alsobrook, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 Garvin B. Bowden, Esquire Gardner, Wadsworth, Duggar, Bist & Wiener, P.A. 1300 Thomaswood Drive Tallahassee, Florida 32308 Nancy S. Terrel, Hearing Officer Office of the General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
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
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 The Petitioner has applied to take the Electrical Contractors' Licensing Board licensure examination and the Board proposes to deny the Petitioner's application on the ground that the Petitioner does not fully meet the experience requirements which are prerequisites to taking the examination. The parties stipulated that the Petitioner has satisfied one-half of the experience requirement pursuant to Rule 21GG-5.03(2), Florida Administrative Code, by reason of his having a bachelor's degree in electrical engineering from the University of Miami. Thus, the central issue in this case is whether the Petitioner's professional and business experience constitutes one and one-half years "proven experience in the trade as an electrical contractor or in a responsible management position with an electrical contractor." See Section 2489.521, Fla. Stat., Rule 2100-5.03(1), F.A.C.
Findings Of Fact Based on the testimony of the witnesses, the exhibits received in evidence, and the stipulations of the parties, I make the following findings of fact. Mr. Juan M. Reynes has applied to the Electrical Contractors' Licensing Board (hereinafter referred to as "the Board") to take the licensure examination for certification as an electrical contractor. Mr. Reynes' application was denied because the Board concluded that he had failed to demonstrate the experience required by Section 2489.521, Florida Statutes, as interpreted by Rule 21GG-5.03, Florida Administrative Code. Mr. Reynes is originally from Cuba, where his father ran an electrical contracting company. When Mr. Reynes was a teenager he began working in his father's business in 1949. He worked in a number of capacities, including work as an apprentice to an electrical engineer. Thereafter Mr. Reynes studied electrical engineering at the University of Havana and received a degree in electrical engineering during the middle or late 1950's. Thereafter, Mr. Reynes was licensed as an electrical engineer in Cuba. Following receipt of his degree and license as an electrical engineer, Mr. Reynes continued to work for his father's electrical contracting company from 1958 until sometime in 1962. During the period from 1958 to 1962, Mr. Reynes was involved in all aspects of the management of his father's electrical contracting company. His involvement in the management of the business included such things as signing contracts for the company, locating new business for the company, obtaining the necessary permits, dealing with the supply houses, and keeping the necessary employee records. In Cuba a license to practice electrical engineering also authorized the licensee to engage in the business of electrical contracting. The permitting procedure in Cuba was one in which permission to construct was obtained by having the appropriate government officials sign the blue prints. It was necessary to have an electrical engineer degree in order to submit blue prints for government approval. At the time Mr. Reynes was working as a licensed electrical engineer with his father's company there were laws in Cuba similar to Florida's worker's compensation laws and unemployment compensation laws. Workers in Cuba were also guaranteed certain other benefits such as guaranteed vacation days and sick leave. It was necessary to keep records regarding each employee. At the time Cuba did not have any laws similar to the Social Security laws in this country. When Mr. Reynes was studying for his electrical engineering degree in Cuba, his course work included studying the law of contracts. Thereafter Mr. Reynes spent a number of years in jail in Cuba as a political prisoner. Following his release from jail, from October of 1970 until January 1972 Mr. Reynes worked on some extensive electrical construction projects for Alfa Romeo in Cuba. After finishing that project, Mr. Reynes was able to obtain permission to leave Cuba and move to Spain. All of the electrical construction projects that Mr. Reynes was involved in within Cuba were built pursuant to the latest available edition of the North American National Electric Code. In Spain, Mr. Reynes did some work in the fields of electronics and electrical engineering. He left Spain and came to the United States. In the United States he has worked for a lot of companies in a variety of positions related to one aspect or another of electricity, but most of that experience is not relevant to the experience requirements for taking the electrical contractor's certification examination. While working in the United States, Mr. Reynes studied electrical engineering at the University of Miami and received a bachelor's degree in electrical engineering in May of 1981. He graduated cum laude as a result of receiving high grades, which he was able to do while also working full time to support himself and his family. In October of 1981, he took the licensure examination for professional engineer and passed it the first time he took it. Since February of 1982, he has been licensed as a professional engineer by the Board of Professional Engineers of the State of Florida. Since being licensed as a professional engineer, Mr. Reynes has owned and operated his own electrical engineering business. He has worked as an engineering consultant for several general contractors and electrical contractors, but he has not been in a responsible management position with an electrical contractor since coming to the United States, nor has he pulled any building permits for electrical construction in the United States. However, in working for electrical contractors, he has done such things as calculate the total number of man hours required for projects, calculate the total cost of supplies for projects, and supervised the actual construction of projects. In the operation of his own business Mr. Reynes has one full-time employee and two part-time employees. In the operation of his own business he has become familiar with such matters as preparation of payroll and the necessary deductions, the Internal Revenue Service requirements for businesses, worker's compensation insurance, and unemployment compensation insurance. An important part of the experience required by the applicable statute and rule is experience in the business activities aspect of electrical contracting. These activities include such things as payroll, insurance, bonding, worker's compensation, unemployment compensation, contract, and building laws.
Recommendation On the basis of all of the foregoing it is recommended that the Electrical Contractor's Licensing Board issue a Final Order concluding that Mr. Reynes is eligible to take the next electrical contractors' certification examination. DONE and ORDERED this 29th of November 1984, at Tallahassee, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 29th day of November 1984. COPIES FURNISHED: Juan M. Reynes, 336 W. 16th Street Hialeah, Florida 33010 Arthur Wallberg, Esquire Assistant Attorney General Room 1601 The Capitol Tallahassee, Florida 323301 Allen R. Smith, Jr. Executive Director Florida Electrical Contractors' Licensing Board 130 N. Monroe Street Tallahassee, Florida 32301
The Issue The issue for consideration in this case is whether Respondent's certification as an electrical contractor in Pinellas County should be disciplined because of the matters alleged in the Administrative Complaint filed herein.
Findings Of Fact At all times pertinent to the issues herein, the Petitioner, Pinellas County Construction Licensing Board (Board) was the county agency responsible for the certification of members of the construction trade and the regulation of that trade in Pinellas County, Florida. Respondent, Gabriel Varro, was certified as an electrical contractor by the Board and held such certification at all times pertinent hereto. On June 18, 1998, Nicholas Sasso, a building inspector with Pinellas County, visited a construction site at 24698 U.S. Highway 19 in Clearwater, Florida, where Respondent was engaged in electrical work. Mr. Sasso was supposed to conduct an inspection of electrical work done by the Respondent at that site but when he arrived at the construction site, at 11:45 a.m., was unable to gain entry to the site. At that time, Mr. Sasso called Respondent by telephone and left a message for Respondent to call back to reschedule the inspection. Respondent did not call in for re-inspection until October 23, 1998, over four months later. In response, however, Mr. Sasso again went to the site for an inspection on that day, where he found at least five violations of the building code for which he issued red tags (requirements for correction). At that point, Respondent had 15 working days to take corrective action, pay the red tags, and call for re-inspection. Mr. Sasso also called Respondent and left a message on the answering machine, but Respondent did not call back. On December 8, 1998, the Building Department's computer produced a notice of Respondent's failure to take sufficient corrective action or pay the red tags. Mr. Sasso returned to the site on November 16, 1998, for a follow-up and found that the Respondent had failed to take the required corrective action. Mr. Sasso returned to the site on December 8, 1998, and found the violations had still not been corrected. On December 30, 1998, the computer again indicated Respondent's failure to correct or pay the red tags, so Mr. Sasso went to the site, saw the deficiencies had not been corrected, and issued to Respondent, a Notice of Violation for failure to take corrective action and to pay red tags, and for electrical violations of the National Electrical Code and/or the standard building code which he had observed on several prior official visits to the construction site. Respondent was advised on the Notice of Violation that failure to correct the deficiencies within 15 working days of the citation would result in a court citation. Respondent called Mr. Sasso that same day, upon receipt of the Notice of Violation, and indicated he would comply with the requirements of the code, but he had not done so when Mr. Sasso returned to the site on February 4, 1999, to conduct a follow-up inspection, appropriate action has not been taken. Respondent claims he paid the red tags even though he did not cause the defects; and requested the Building Department to take his name off the permit. Respondent explained the mix-up by claiming the owner of the property had taken out the permit himself and put his, Respondent's, name on it as contractor because Respondent had agreed to do part of the project to correct some work done improperly by a tenant of the park which had resulted in a violation being issued to the park owner. The majority of the deficiencies discovered, Respondent claims, were located inside a structure on the property to which he never got access. Respondent also contends he limited his work to correction of an improper connection from the meter to the riser. He claims he advised the property owner that the only way he, Respondent, would call for an inspection would be if he were provided access to the structure so he could let in the inspector. It appears that because of a subsequent determination that the entire project violated the zoning laws, the job was cancelled by the owner. On February 17, 1998, Mr. Sasso also observed electrical work being carried on at an RV park in Pinellas County. Because Mr. Sasso could not recall any permit having been pulled for electrical work at that site, he stopped to see what was going on and identified himself to the workman on the job. The worker identified himself as Respondent and gave Mr. Sasso his card. Respondent advised Mr. Sasso of what he was doing, and when Mr. Sasso advised Respondent that he could not legally do the work without first obtaining a permit, Respondent indicated he was going to get it. Mr. Sasso noted that a trench had been dug near a power line, creating a potentially dangerous situation, and that five 50-watt electrical outlets had been installed on pedestals outside the front of the clubhouse. This was confirmed by the proposal submitted to the client by Respondent on September 2, 1998, and accepted by the client on December 4, 1998. The proposal called for the electrical permit to be included in the total contract price of $7,000. Respondent admits to giving the owner of the property a proposal for electrical work to be done, but claims, as the proposal form indicates, the owner was to dig the trench. The owner had the trench dug, as called for, and also placed the pedestals. The digging and the placing of the pedestals were an integral part of the project which Respondent had agreed to perform, and those actions required a permit to be issued prior to starting the work. The required permit was not obtained by Respondent or anyone else, and the work in progress has not been completed. Petitioner has suggested that Respondent be fined $750.00 for the violation alleged in Count One; $300.00 for the violation alleged in Count Two; and $750.00 for the violation alleged in Count Three. Counts One and Three are classified by statute as "major" violations.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Pinellas County Construction Licensing Board, enter a final order assessing an administrative fine of $1,050.00 for the violations alleged in Counts One and Two. DONE AND ENTERED this 11th day of August, 1999, in Tallahassee, Leon County, Florida. ARNOLD H. POLLOCK 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) 921-6947 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of August, 1999. COPIES FURNISHED: William J. Owens, Executive Director Pinellas County Construction Licensing Board 11701 Belcher Road, Suite 102 Largo, Florida 33773-5116 Gabriel Varro 1910 Union Street Clearwater, Florida 33763-2249
