The Issue The issue is whether Respondents committed the acts alleged in the Administrative Complaint, and if so, what discipline should be imposed.
Findings Of Fact Richard and Clara Marron have an in-ground, fiberglass pool at their home in Zephyrhills. The pool is approximately 25 years old. In December 2005, the Marrons' pool service company told them that the pool had a leak. The pool service company referred the Marrons to Coral Isle Pools and Spas (Coral Isle) in Zephyrhills. Coral Isle was owned and operated by Richard Delafield--the father of Respondent Scott Delafield--until his death on January 31, 2006. Richard Delafield was a registered building contractor, registered pool/spa contractor, registered plumbing contactor, and the qualifying agent for Coral Isle. On or about March 29, 2006, the Marrons went into Coral Isle's store and talked to Scott Delafield about fixing the leak in their pool.2 Mr. Delafield determined that the pool was leaking around the underwater light fixture and that the light needed to be replaced. He agreed to perform the necessary repairs for $858.55. The invoice prepared by Mr. Delafield described the work to be performed as follows: "dig under deck redue [sic] electrical conduit" and "labor to install light and do diagnostic on transformer." On May 6, 2006, the Marrons made an initial payment of $250.00 to Coral Isle. On May 15, 2006, Mr. Delafield performed the work on the Marrons' pool. Mr. Delafield did not obtain a permit from Pasco County before commencing the work on the Marrons' pool.3 The work was done in four stages. First, a trench was dug under the pool deck to provide access to the back of the light fixture. Second, the existing light was removed and replaced with a new light. Third, the wire for the new light was routed through PVC conduit pipe Mr. Delafield laid in the trench. Fourth, Mr. Delafield connected the wire to the "junction box"4 adjacent to the pool deck. The trench under the pool deck was dug by Carl Lind or Mark Pickett, not Mr. Delafield. Mr. Lind and Mr. Pickett were subcontractors of Coral Isle. Mr. Delafield removed the existing light by removing the screws on the front of the light fixture. He then installed the new light and ran the wire for the light through new PVC conduit pipe to the junction box. On May 17, 2006, the Marrons paid the balance of the invoice, $608.55. Mr. Delafield did not perform any work on the higher voltage electrical wires between the junction box and the breaker box at the house. Mr. Delafield did not drain the pool to replace the light. He was able to access the light fixture from the front because the water level in the pool was below the fixture as a result of the leak in the pool. At some point after Mr. Delafield completed his work on the pool light, Mr. Lind and/or Mr. Pickett drained the Marrons' pool in order to "patch" the fiberglass bottom of the pool.5 The light installed by Mr. Delafield works, and the pool no longer leaks. Indeed, the Marrons acknowledged in their testimony at the final hearing that the work done by Mr. Delafield fixed the leak and that the pool now "holds water." Mr. Delafield and Coral Isle were not licensed, registered, or certified to perform electrical contracting work at the time Mr. Delafield performed the work on the Marrons' pool light. In April 2006, the Department issued temporary emergency certifications to Mr. Delafield as a registered building contractor, registered pool/spa contractor, and registered plumbing contractor. The certifications authorized Mr. Delafield to complete Coral Isle's "projects in progress" at the time of Richard Delafield's death. The certifications did not authorize Mr. Delafield to enter into new contracts, nor did they authorize him to perform electrical contracting work. The Marrons' project was not in progress at the time of Richard Delafield's death. The agreement to perform the work was not entered into until several months after his death. In June 2006, the Marrons filed an unlicensed activity complaint against Mr. Delafield and Coral Isle. The Department incurred costs of $206.69 in its investigation of the complaint, not including costs associated with an attorney's time. In February 2007, the Marrons made a claim for $150,000 against Richard Delafield's estate in which they alleged that their pool and deck were "rendered useless" due to the negligence of Coral Isle. They also filed a civil suit against Mr. Delafield and others for damage to their pool. The Marrons did not pursue the claim against the estate, but the civil action is still pending. Coral Isle is no longer in business. Mr. Delafield testified that he planned to pursue licensure so that he could keep the business operating after his father's death, but that he never did so. Mr. Delafield was unemployed at the time of the final hearing.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department issue a final order that: Finds Mr. Delafield guilty of unlicensed electrical contracting in violation of Sections 455.228 and 489.531, Florida Statutes; Imposes an administrative fine of $1,000 on Mr. Delafield; and Requires Mr. Delafield to pay the Department's investigative costs of $206.69. DONE AND ENTERED this 25th day of February, 2008, in Tallahassee, Leon County, Florida. S T. KENT WETHERELL, II 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 25th day of February, 2008.
The Issue The central issue in this case is whether Petitioner's application to take the electrical contractors' examination should be approved or denied.
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, I make the following findings of fact: Petitioner filed an application for electrical contractor's examination on October 23, 1987. The type of examination sought by Petitioner was electrical contractor unlimited and the business for which he sought qualification was M.G.I.-Morgan Group, Inc. Question 14 of the application provided: You must show three(3) years experience that shows that you have designed, planned, laid- out and directly supervised electrical construction activities and the installing of electrical components. Unless you are applying for a specialty exam, a substantial part of your work supervised must be commercial and 3-phase service. For each employer listed, you must submit a list of jobs that you supervised electrical construction activities, ON FORM OA-I Petitioner specializes in the design and installation of generator sets. Approximately 99 percent of his business is commercial or 3-phase. Petitioner's experience does not include electrical construction away from the power source. Petitioner's company designs and installs an alternate power source to supplement a structure's main electrical source. During power outages, the alternate power source (the generator) becomes the primary electrical power for the facility. The wiring or construction away from the generator is not done by Petitioner. Petitioner installs the switches and wiring that are necessary to assure a prompt delivery of power from the generator during an outage. This experience exceeds three years. The work experience described in paragraph 4 is the type Petitioner intends to continue if licensed; however, the license requested would authorize Petitioner to do other types of electrical work for which he has not demonstrated work experience.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the Department of Professional Regulation, Electrical Contractors' Licensing Board enter a final order denying the application of Robert L. Morgan. DONE AND RECOMMENDED this 19th day of October, 1988, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH 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 19th day of October, 1988. COPIES FURNISHED: Robert L. Morgan 7805 Northwest 39th Street Coral Springs, Florida 33065 Clark R. Jennings Assistant Attorney General Suite 1603, The Capitol Tallahassee, Florida 32399-1050 Bruce D. Lamb, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Pat Ard, Executive Director Department of Professional Regulation Electrical Contractors' Licensing Board 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue At issue is whether Respondent committed the offenses set forth in the Administrative Complaints and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, the Department of Business and Professional Regulation (Department), is the state agency charged with the duty and responsibility of regulating the practice of contracting and electrical contracting pursuant to Chapters 20, 455 and 489, Florida Statutes. At all times material to the allegations of the Administrative Complaints, Antoney Manning was not licensed nor had he ever been licensed to engage in contracting as a State Registered or State Certified Contractor in the State of Florida and was not licensed, registered, or certified to practice electrical contracting. At all times material to the allegations of the Administrative Complaints, Manning Builders did not hold a Certificate of Authority as a Contractor Qualified Business in the State of Florida and was not licensed, registered, or certified to practice electrical contracting. Respondent, Antoney Manning, was at all times material to this proceeding, the owner/operator of Manning Builders. Respondent is in the business of framing which includes framing, drywall, tile, trim work, and painting. A document which is in evidence purports to be a contract dated September 5, 2004, between Manning Builders and Ms. Gwendolyn Parker, for the construction of a 14-foot by 14- foot addition in the rear corner of Ms. Parker's house located at 8496 Southern Park Drive in Tallahassee, Florida. The contract identifies Manning Builders as the "contractor." The contract price is $15,000. Unfortunately, only the first page of the contract is in evidence. However, Respondent acknowledges that he and Ms. Parker entered into a contract regarding the 14-foot by 14-foot addition to Ms. Parker's home. Respondent insists that he informed Ms. Parker that he was not a certified general contractor, but that he could find a general contractor for her. When that did not work out, Respondent told Ms. Parker that she would have to "pull" her own permits and that he could do the framing. He also told her that he would assist her in finding the appropriate contractors to do the electrical work, plumbing, and roofing. Ms. Parker did not testify at the hearing. On September 7, 2005, Respondent signed a receipt for $7,500 for a "deposit on addition (14 x 14)." The receipt identifies Ms. Gwendolyn Parker as the person from whom the money was received by Respondent. Respondent acknowledges finding an electrical contractor to perform the electrical work on the addition. However, he insists that he did not hire the electrical contractor but found one for Ms. Parker to hire. He gave the name to Ms. Parker but she apparently did not contact him. In any event, the electrical work was never done on the addition. Respondent completed the framework on the addition. Respondent did not build the roof, as he was aware that would require a roofing contractor. Work on the project ceased before the addition was finished. Ms. Parker's home suffered rain damage as a result of the roof not being completed. There is nothing in the record establishing the dollar amount of damage to her home. The total investigative costs to the Department, excluding costs associated with any attorney's time, was $360.59 regarding the allegations relating to Case No. 06- 0601, which charged Respondent with the unlicensed practice of contracting. The total investigative costs, excluding costs associated with any attorney's time, was $140.63 regarding the allegations relating to Case No. 06-0602, which charged Respondent with the unlicensed practice of electrical contracting.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED: That the Department of Business and Professional Regulation enter a final order imposing a fine of $1,000 for a violation of Section 489.127(1); requiring Respondent to pay $360.59 in costs of investigation and prosecution of DOAH Case No. 06-0601, and dismissing DOAH Case No. 06-0602. DONE AND ENTERED this 28th day of June, 2006, in Tallahassee, Leon County, Florida. S ___________________________________ BARBARA J. STAROS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of June, 2006. COPIES FURNISHED: Brian A. Higgins, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Antoney Manning 11865 Register Farm Road Tallahassee, Florida 32305 G. W. Harrell, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Josefina Tamayo, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202
The Issue The issues in the case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.
Findings Of Fact The Petitioner is the state agency responsible for licensure and regulation of contractors and electrical contractors operating within the State of Florida. During the period at issue in this case, the Respondent was not licensed as a contractor or as an electrical contractor. Beginning in 2003, the Respondent provided home remodeling and repair services for houses owned by Ms. Enid Shaw. Ms. Shaw, a resident of New York who visits Florida regularly, apparently planned to permanently relocate to Florida at some time in the future. The Respondent met Ms. Shaw during one of Ms. Shaw's visits to Florida, when he was working on the house of an acquaintance of Ms. Shaw. Between 2003 and 2006, Ms. Shaw paid approximately $30,000.00 to the Respondent for the work he performed on her homes. Some of the work performed by the Respondent was outside the jurisdiction of the Petitioner. The Respondent submitted written estimates and invoices to her and, other than a $3,500.00 wire transfer referenced elsewhere herein, Ms. Shaw paid the Respondent by personal check. Ms. Shaw did not obtain receipts from the Respondent, but retained the estimates, invoices, and the processed checks. Ms. Shaw owned a house located at 3411 Silverwood Drive, Orlando, Florida (hereinafter "Silverwood"), and desired to have some repair work performed on the house. Ms. Shaw contacted the Respondent who agreed to meet her at the Silverwood house and tour the house. As they walked through the house, the Respondent made suggestions about how to remedy the deficiencies in the structure. They agreed that he would commence the repair work. Because she did not reside locally, Ms. Shaw was not always present at the home when the work was being done, and she provided a key to the Respondent so that he could enter in her absence. There were water stains on the family room ceiling, and Ms. Shaw knew that, when it rained, water came through the ceiling and would be collected in buckets. The Respondent advised Ms. Shaw that the roof was leaking and offered to repair the roof. Roof repairs were supposedly made, but the roof continued to leak during rain. The Respondent eventually called Ms. Shaw and told her that the entire roof needed to be replaced, that he had already ordered the materials required to replace the roof, that he had already secured the services of an assistant, and that the roof replacement would commence on the day following the telephone call. He informed Ms. Shaw that, because the work was commencing immediately, he needed to have payment by a wire transfer into his account. Ms. Shaw wired $3,500.00 to the Respondent's bank account as requested by the Respondent, but the Respondent did not replace the Silverwood roof on the next day, or on any other day. When the roof repair did not occur, Ms. Shaw began to ask for the return of the $3,500.00, but the Respondent failed to return the money. Though he did not explain his entitlement to retain the money, the Respondent told Ms. Shaw that someone to whom he had loaned his truck had abandoned the vehicle and that his tools had been stolen from the truck. There was no evidence to suggest that the Respondent was entitled to retain the $3,500.00 transfer from Ms. Shaw to his bank account. The Respondent did not replace Ms. Shaw's roof or return the funds to her. Additionally, the Respondent performed other work for Ms. Shaw at the Silverwood home. The Respondent installed a ceiling fan purchased by Ms. Shaw to replace one supposedly removed by previous residents from the Silverwood dining room. Ms. Shaw observed the Respondent turn off the power to the house and connect the fan to the existing electrical wiring. The Respondent also repaired a range hood ventilation fan and replaced a leaking faucet in the Silverwood kitchen. Ms. Shaw owned a house located at 6001 Denson Drive, Orlando, Florida (hereinafter "Denson"). She asked the Respondent to perform repairs on the Denson property, and, as they had done at the Silverwood house, they toured the home, and the Respondent made suggestions as to the work that needed to be done. The Denson roof was not functioning properly. The ceiling was water-stained in several rooms, and a wall in the screen porch was water-damaged. The Respondent repaired the roof deficiencies and the damage caused to the house by the water intrusion. Although Ms. Shaw was not always present at the time of these repairs, she observed the Respondent on one occasion taking a container of an otherwise unidentified black substance to the roof to patch one of the leaks. The interior water damage repaired by the Respondent included removal and reinstallation of ceiling fans and light fixtures in the rooms where the ceiling was repaired. The stove in the Denson kitchen was not functional, and Ms. Shaw purchased a replacement appliance. Although the stove purchased by Ms. Shaw apparently had an electrical plug incompatible with the existing outlet, Ms. Shaw observed the Respondent install the appliance by cutting into the stove's electrical cord and splicing the wiring into the existing outlet, after turning off the power to the house. Ms. Shaw was also present when the Respondent installed a jetted bathtub into an area previously occupied by a bathroom shower stall. The installation included turning off the water supply and the removal and replacement of plumbing lines. At the hearing, Ms. Shaw admitted that the tub she bought was incorrect for the installation location, apparently because the repair access area was on the wrong side of the tub and placed against a wall. She complained that the Respondent installed it nonetheless and that any repairs to the tub will require removal of a portion of a bedroom wall. Ms. Shaw also observed the Respondent remove and replace a bathroom toilet at the Denson house. The Petitioner asserted that the Respondent replaced a malfunctioning swimming pool "generator" at the Denson house, but the testimony presented on this issue was not sufficient to establish the actual nature of the pool equipment replaced, if any, by the Respondent. The Petitioner also asserted that the Respondent replaced an electric garage door opener at the Denson house, but the evidence failed to establish that the Respondent did anything other than replace an existing opener with a new opener and plug the power unit into an existing electrical outlet. Ms. Shaw owned a house located at 5006 Tam Drive, Orlando, Florida (hereinafter "Tam"). As at the other houses, Ms. Shaw asked the Respondent to tour the property and make the repairs on which they agreed. At the Tam house, the Respondent replaced a bathroom toilet and sink. As at the Denson house, the Petitioner asserted that the Respondent replaced an electric garage door opener at the Tam house, but the evidence again failed to establish that the Respondent did anything other than replace the existing opener with a new one and plug the power unit into an existing electrical outlet. There is no credible evidence that Ms. Shaw ever asked the Respondent whether he was licensed by the Petitioner; however, based on the Respondent's statements related to another customer, she believed he had some sort of license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation enter a final order finding that Donald Whyte violated Subsection 489.126(1), Florida Statutes, and imposing a fine of $10,000.00, and, further, violated Subsection 489.531(1), Florida Statutes, and imposing a fine of $3,000.00, for a total administrative fine of $13,000.00. DONE AND ENTERED this 28th day of September, 2010, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 28th day of September, 2010. COPIES FURNISHED: Maura M. Bolivar, Esquire Leigh Matchett, Qualified Representative Department of Business and Professional Regulation 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 Donald Whyte 6811 Thousand Oaks Road Orlando, Florida 32818 Amy Toman, Hearing Officer Office of the General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Reginald Dixon, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue in this case is whether the Electrical Contractors' Licensing Board should discipline the Respondent for violating section 489.533(1)(a), Florida Statutes (2013),1/ by violating section 455.227(1)(j), which prohibits "[a]iding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board."
Findings Of Fact The Respondent, Michael Ellis, is licensed in Florida as an electrical contractor and holds licenses EC0000680 and EC13003559. He has been licensed in Florida since 1986 and has not been disciplined prior to this case. In the summer and fall of 2013, the Respondent was the primary qualifying agent of M. Ellis Electrical, Inc. (Ellis Electrical). In the summer and fall of 2013, Clark Huls was not licensed as an electrical contractor in Florida. In August 2013, Ellis Electrical had a subcontract with Powerhouse, Inc. (Powerhouse), which had a contract with 7-Eleven, Inc. (7-Eleven), for the installation of hot food cabinets at several different 7-Eleven retail locations in Florida. The installation required electrical work (including subpanels, new circuits, outlets, and breakers) and had to be done by a licensed electrical contractor. Someone at Powerhouse referred Huls to the Respondent, and the Respondent hired him to do the installations for $1,400 for each of nine different 7-Eleven jobsites. It was the Respondent's initial intent to hire Huls as a subcontractor. The evidence is disputed and not clear as to exactly what Huls represented to the Respondent about his license status when the Respondent hired him. The evidence is clear that Huls did not provide him with licensure and insurance information at that time and was supposed to provide this information to the Respondent at the first jobsite. The Respondent did not initially check DBPR's website to verify Huls' license status, which was the prudent and appropriate thing for him to have done. The first work performed by Huls for the Respondent was on August 21, 2013. The Respondent was there to supervise and direct the work. Huls did not provide license and insurance information. By this time, the Respondent clearly knew or should have known that Huls was not licensed. At the third installation Huls performed, on August 24, 2013, the Respondent had an employee named Jason Ippolito deliver an employment package to Huls. Huls refused to complete and sign the employment paperwork because it would change the terms of his agreement with the Respondent to be paid $1,400 per jobsite. The Respondent allowed Huls to continue to work on installations while trying to resolve the subcontract/employment issue. In all, Huls completed nine installations between August 21 and September 3, 2013. When Huls asked to be paid $1,400 per jobsite, as originally agreed, the Respondent refused to pay because Huls was not licensed as a subcontractor and refused to complete the paperwork to be paid as an employee. Huls then placed liens on all nine 7-Eleven properties and contacted Powerhouse to be paid. In order to save its relationship with 7-Eleven, Powerhouse paid Huls $5,806 and deducted that amount from what it owed Ellis Electrical. On October 12, 2013, the Respondent filed a DBPR complaint against Huls for subcontracting without a license. DBPR filed an Administrative Complaint against Huls for unlicensed activity. Criminal prosecutions of Huls also were filed and were pending at the time of the final hearing in this case. In mitigation, in addition to his clean record as a long-time licensee, the Respondent presented that he was dealing with his wife's serious health issues during the summer and fall of 2013, which affected his ability to manage his jobsites. In addition, no consumer or member of the public suffered financial harm. Ultimately, the financial harm was borne by the Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Electrical Contractors' Licensing Board find the Respondent, Michael Ellis, guilty as charged, fine him $1,000, require him to pay reasonable investigative costs, and take two additional hours of continuing education with an emphasis on laws and rules. Jurisdiction is retained for 30 days after the final order to determine reasonable investigative costs if the parties cannot reach an agreement. DONE AND ENTERED this 13th day of March, 2015, in Tallahassee, Leon County, Florida. S J. LAWRENCE JOHNSTON 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 13th day of March, 2015.
The Issue Whether Respondent engaged in construction contracting without a license as alleged in the Administrative Complaint; and, if so, the appropriate penalty.
Findings Of Fact DBPR is the state agency responsible for regulating the practice of construction contracting pursuant to section 20.165 and chapters 455 and 489, Florida Statutes. DBPR has jurisdiction over the unlicensed practice of construction contracting pursuant to sections 455.227, 455.228, and 489.13, Florida Statutes. At all times material to this matter, Mr. Johnson was the owner of J3. Mr. Johnson is not licensed, registered, or certified to perform construction contracting services in Florida. At the heart of this case is whether Mr. Johnson “offered, contracted, or performed regulated construction contracting services, including but not limited to, installation of a pool pump at 3905 Cardiff Place, Parrish, Florida.” Mr. Johnson, via J3, provided pool service, specifically pool cleaning to Mr. Sylvester. Mr. Sylvester thought the pool cleaning service was very good, and agreed that the two men (Mr. Johnson and Mr. Sylvester) had a “good customer-client relationship.” In April 2016, Mr. Sylvester hired Mr. Johnson to install a pool pump motor (motor) at a residence located at 3905 Cardiff Place, Parrish, Florida.5/ At that time, Mr. Sylvester did not know Mr. Johnson was not licensed to install a motor. On the installation day, Mr. Johnson left a voicemail message for Mr. Sylvester advising him that the motor had been installed, but it would not work. Mr. Johnson speculated that the electricity to the motor was turned off, and the switch was located in a closed garage. After arriving at the house, Mr. Sylvester turned the electricity on, the motor did not work, and Mr. Sylvester called Mr. Johnson. Mr. Johnson came to the pool location and worked on the motor. The motor started working. On April 7, 2016, after the motor was installed, Mr. Sylvester (or his wife) wrote a check to “J3 Pools & Pressure Washing” for $310.00 for the “motor.” A warranty was included with the installation; however there was no description of the type or length of the warranty provided.6/ In April 2016, Mr. Johnson sold his “pool route,” including the 3905 Cardiff Place location to another company. When contacted about the motor not working, Mr. Johnson advised Mr. Sylvester to contact the other company for the warranty work. Mr. Sylvester credibly testified that his only contact with the other company was shortly after the notification that Mr. Johnson had sold his pool route. Mr. Sylvester called the other company and “fired” them, as he wished to engage a different pool service. Approximately three to four months (July or August 2016) after the motor was installed, it stopped working. The pool turned green because the motor was not cycling on and off. This complaint was generated after the motor failed, and it came to light that Respondent was not licensed. Petitioner established that it incurred $217.09 in investigative costs while investigating this complaint. The evidence is clear and convincing that Respondent’s installation of the motor constituted the practice of construction contracting without a license. As a result, Respondent is guilty of unlicensed contracting, as charged in the Administrative Complaint.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation issue a final order that: Finds Respondent guilty of unlicensed contracting in violation of section 489.13(1), as alleged in the Administrative Complaint; Imposes an administrative fine of $3,000; and Requires Mr. Johnson to pay the Department’s investigative costs of $217.09. DONE AND ENTERED this 12th day of June, 2017, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK 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 12th day of June, 2017.
The Issue Whether Respondent violated Subsection 489.531(1), Florida Statutes (2003),1 by engaging in the unlicensed practice of electrical contracting, and, if so, what disciplinary action should be imposed.
Findings Of Fact Based on the evidence and testimony of the witnesses presented and the entire record in this proceeding, the following facts are found: At all times material hereto, Respondent was not licensed or had ever been licensed to engage in electrical contracting in the State of Florida. At all times material hereto, Sundance Home Remodeling, Inc., did not possess a certificate of authority to practice as an electrical contractor qualified business. At all times material hereto, Respondent was the sole owner/operator of Sundance Home Remodeling, Inc. Respondent has an occupational carpentry license from Hillsborough County, Florida, and uses the general contractors’ licenses of others. In April 2003, Respondent contracted with Phyllis Price to do the following work at Ms. Price's residence in Riverview, Florida: enclose her back porch, add on a screened room, change the French doors in some of the bedrooms, and install electric ceiling fans, an electric outlet, and an exterior light. On or about April 17, 2003, Respondent contracted with Ms. Price to install and hook up four electric ceiling fans and install one exterior light for $130.00. On or about April 26, 2003, Respondent submitted a proposal to Ms. Price for the installation of one electric outlet at her residence for $25.00. Respondent completed the work that he contracted to do for Ms. Price, including the electrical work. Ms. Price paid Respondent at least $5,240.00 for the work that he performed. Of that amount, Ms. Price paid Respondent a total of $180.00 for the electrical work he performed at her residence. The electrical work contracted and performed by Respondent required a permit. No evidence was presented that, prior to this time, Respondent has been subject to disciplinary action for the unlicensed practice of electrical contracting. The total investigative costs to the Department of Business and Professional Regulation, excluding costs associated with any attorney’s time, was $313.00.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered that (1) finds Respondent not guilty of the charges alleged in Count One of the Administrative Complaint; (2) finds Respondent guilty of the charges in Count Two and Count Three of the Administrative Complaint; (3) imposes on Respondent an administrative fine of $1,000.00 for each violation, for a total administrative fine of $2,000; and (4) assesses Respondent costs of $313.00, for the investigation and prosecution of this case, excluding costs associated with an attorney's time. DONE AND ENTERED this 27th day of July, 2006, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of July, 2006.
