General Session Minutes Electrical Contractors Licensing Board September 2015 FLORIDA ELECTRICAL CONTRACTORS LICENSING BOARD EMBASSY SUITES FORT LAUDERDALE 1100 SE 17 TH STREET FORT LAUDERDALE, FL 33316 SEPTEMBER 16 18, 2015 The Board meeting was called to order by Chairman Benjamin Smith at 8:30 a.m. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL Members Present Benjamin Smith (Chairman) David Botknecht (Vice-Chairman) Robert Bramlett Timothy Chinchor Kenneth Hoffmann Brian Flaherty Thomas McHaffie John (Jay) Cannava Bruce Barr Kathleen Krak Rafael Echarri Members Absent None Others Present Ruthanne Christie, Executive Director Stacey Buccieri, Government Analyst II Deborah Loucks, Esq., Assistant Attorney General Daniel Brackett, Esq., Assistant General Counsel Court Reporter Apex Reporting Group d/b/a Official Reporting Services, LLC. 954-467-8204 Gonzolo Fernandez was present in compliance with the requirements of his final order
Disciplinary Cases A. Dominguez, Roberto Sure Electrical Contractors Inc. License #: EC 13001138 Case #: 2014-019716 Hearing with No Issue of Disputed Material Fact Mr. Dominguez was present and sworn in by the court reporter with Counsel Brooks Anderson, Esq. Mr. Dominguez was charged with a violation of 489.533(1)(m)4., F.S., failure to pay a civil judgment. Mr. Bramlett and Mr. Hoffmann were recused. MOTION: Mr. Flaherty made a motion to adopt the Findings of Fact as stated in the administrative complaint. SECOND: Mr. Chinchor. MOTION: Mr. Flaherty made a motion to adopt the Conclusions of Law and find that the conclusions of law constitute a violation of the practice act as alleged in the Administrative Complaint. SECOND: Mr. Chinchor. MOTION: Mr. McHaffie made a motion to impose fines of $100.00, costs of 50.30 and suspension of Mr. Dominguez s license until satisfaction of the civil judgment and payment of fines and costs, the suspension shall be stayed for a period of one (1) year. Mr. Dominguez s license shall be placed on probation for a period of one (1) year following the termination of suspension. SECOND: Mr. Chinchor. B. Fleming, William William P. Fleming Electrical License #: ER 0013586 Case #: 2013-046692 Hearing with No Issue of Disputed Material Fact Mr. Fleming was not present nor represented by counsel. Mr. Bramlett and Mr. Hoffmann were recused. MOTION: Mr. Botknecht made a motion to continue this case. Motion passed with a vote of 8 to 1. McHaffie was opposed.
C. Coric, Chris CIC Power Systems Corp. License #: ER13014001 Case #: 2013-013912 Settlement Stipulation Mr. Coric was not present nor represented by counsel. Mr. Bramlett and Mr. Hoffmann were recused. Mr. Coric was charged with a violation of 489.533(1)(o), F.S., Contracting outside the geographic scope of his license. MOTION: Mr. McHaffie made a motion to accept the Settlement Stipulation as presented by the Prosecuting Attorney. This Settlement Stipulation provided that Mr. Coric pay an administrative fine in the amount of $400.00 and investigative costs in the amount of $559.67 to be paid within ninety (90) days. Mr. McHaffie s motion also waived the requirement for Mr. Coric to appear before the Board. SECOND: Ms. Krak. D. Heffernan, Matthew Heffernan Electric LLC. License #: EC13001402 Case #: 2014-010275 Settlement Stipulation Mr. Heffernan was present with Bonnie Heffernan and sworn in by the court reporter. Mr. Bramlett, Mr. Flaherty and Mr. Hoffmann were recused. Mr. Heffernan was charged with a violation of 489.533(1)(r), F.S., failing to pull permits and 489.533(1)(o), F.S., failure to have proper workers compensation insurance. MOTION: Mr. McHaffie made a motion to accept the Settlement Stipulation as presented by the Prosecuting Attorney. This Settlement Stipulation provided that Mr. Heffernan pay an administrative fine in the amount of $100.00 and investigative costs in the amount of $250.00 to be paid within ninety (90) days. SECOND: Mr. Cannava. E. Spasiano, Lewis Lewdi Electric Inc. & Marclite Electric Inc. License #: EC 13001388 & EC 13001742 Case #: 2014-045635 Settlement Stipulation
Mr. Spasiano was not present but represented by Counsel Jeff Peters Esq. Mr. Bramlett, Mr. Flaherty and Mr. Hoffmann were recused. Mr. Spasiano was charged with a violation of 489.533(1)(j), F.S., performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate-holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. MOTION: Mr. Chinchor made a motion to accept the Settlement Stipulation as presented by the Prosecuting Attorney. This Settlement Stipulation provided that Mr. Spasiano pay an administrative fine in the amount of $1000.00 and investigative costs in the amount of $293.05 to be paid within ninety (90) days. SECOND: Ms. Krak. Motion passed with a vote of 7 to 1. Mr. McHaffie was opposed. Petition for Declaratory Statement, Deborah Loucks, Esq., Assistant Attorney General Harry Carl Ashcraft IV Regarding In-wall Power Extension Kits Mr. Ashcraft was present and sworn in by the court reporter. Mr. Ashcraft submitted a Petition for Declaratory Statement asking whether a license is required to install "In-wall Power Extension Kits"; and if a licensed is required, what type of license would be needed? MOTION: Mr. Hoffman made a motion to answer that a license would be required. MOTION: Mr. Flaherty made a motion to decline to answer which type of license is required as the scope for each type of license is listed in the Statutes. SECOND: Mr. Chinchor. Reconsiderations, Deborah Loucks, Esq., Assistant Attorney General Robert E. Padgett Request to Withdraw Mr. Padgett was not present nor represented by counsel. MOTION: Mr. Smith made a motion to vacate the Notice of Intent to Deny and accept the withdrawal of the application. SECOND: Mr. Chinchor.
Justin Bolin Mr. Bolin was present and sworn in by the court reporter with Counsel Brennon Donnelly, Esq. MOTION: Mr. Hoffmann made a motion to reverse the denial and approve the application. SECOND: Mr. Chinchor. Hearings Not Involving Disputed Issues of Material Fact Mark Adamson Mr. Adamson was present and sworn in by the court reporter with Scott Gallavant. MOTION: Mr. Botknecht made a motion to approve contingent upon receipt of $50,000 performance bond. SECOND: Mr. Smith. Motion passed with a vote of 10 to 1. Mr. McHaffie was opposed. Jeffrey Anderson Mr. Anderson was present and sworn in by the court reporter. MOTION: Mr. Botknecht made a motion to reverse the denial and approve the application with probation until the accounts in collection are paid. SECOND: Mr. Smith. Glen Bos Mr. Bos was present and sworn in by the court reporter. MOTION: Mr. Botknecht made a motion to reverse the denial and approve the application with probation until the accounts in collection are paid. SECOND: Mr. Cannava. Yurien Garcia Ortiz Mr. Garcia Ortiz was present and sworn in by the court reporter. MOTION: Mr. Cannava made a motion to reverse the denial and approve the application. SECOND: Ms. Krak.
Corey Hendrix Mr. Hendrix was present and sworn in by the court reporter. MOTION: Mr. Botknecht made a motion to reverse the denial and approve the application. SECOND: Mr. Bramlett. Dillon Hinson Mr. Hinson was present and sworn in by the court reporter. MOTION: Mr. Smith made a motion to reverse the denial and approve the application. SECOND: Mr. Bramlett. Paul Lyons Mr. Lyons was present and sworn in by the court reporter. MOTION: Mr. Botknecht made a motion to reverse the denial and approve the application contingent upon the receipt of a corrected personal financial statement with a minimum net worth of $10,000. SECOND: Mr. Bramlett. Fernando Ortiz MOTION: Mr. Flaherty made a motion to continue the application to the November 2015 meeting per the applicant s request. SECOND: Mr. Bramlett. Diraj Pulchan Mr. Pulchan was present and sworn in by the court reporter. MOTION: Mr. Chinchor made a motion to reverse the denial and approve the application.
Michel Tejeiro Mr. Tejeiro was present and sworn in by the court reporter. MOTION: Mr. Hoffmann made a motion to reverse the denial and approve the application. Grady Wells Mr. Wells was present and sworn in by the court reporter. MOTION: Mr. Chinchor made a motion to reverse the denial and approve the application. SECOND: Ms. Krak. Adam White Mr. White was present and sworn in by the court reporter. MOTION: Mr. Hoffmann made a motion to reverse the denial and approve the application contingent upon receipt of CPA prepared or reviewed financial statement showing $10,000 net worth. SECOND: Mr. Bramlett. Wyatt White Mr. White was present and sworn in by the court reporter. MOTION: Mr. Bramlett made a motion to reverse the denial and approve the application with probation for 2 years. Continuing Education Course Applications Alarm Dish Telecommunications Corp. BASA Training Online (14 Hrs.) Nadia Curdi was present and sworn in by the court reporter. Ms. Curdi waived the 90 day requirement and requested the application be continued to the next meeting.
MOTION: Mr. Chinchor made a motion to continue this course application to the November 2015 meeting. SECOND: Mr. Bramlett. Alarm Dish Telecommunications Corp. FASA Training Online (14 Hrs.) Nadia Curdi was present and sworn in by the court reporter. Ms. Curdi waived the 90 day requirement and requested the application be continued to the next meeting. MOTION: Mr. Chinchor made a motion to continue this course application to the November 2015 meeting. SECOND: Mr. Bramlett. Alarm Tech Training - BASA Initial Training - Online (14 Hrs.) No one was present for the review of this application. MOTION: Mr. Bramlett made a motion to deny this application for failure to show method of identification verification. Alarm Tech Training - BASA Initial Training - Online (14 Hrs.) No one was present for the review of this application. MOTION: Mr. Chinchor made a motion to deny this application for failure to show method of identification verification. Contractor Online Training, LLC BASA Initial Training - Online (14 Hrs.) No one was present for the review of this application. MOTION: Mr. Bramlett made a motion to deny this application for failure show proof of method to verify identification. SECOND: Mr. Cannava. Contractor Online Training, LLC FASA Initial Training Online (14Hrs.) No one was present for the review of this application.
MOTION: Mr. Bramlett made a motion to deny this application for failure show proof of method to verify identification. National Training School BASA Online Training (22 Hrs.) No one was present for the review of this application. MOTION: Mr. Bramlett made a motion to deny this application for failure show proof of method to verify identification. SECOND: Mr. Cannava. National Training School FASA Online Training (22 Hrs.) No one was present for the review of this application. MOTION: Mr. Bramlett made a motion to deny this application for failure show proof of method to verify identification. SECOND: Mr. Cannava. Probation Committee Report MOTION: Mr. Hoffmann made a motion to accept the probation reports for Lee Abrams, Santiago Arredondo, Charles Culpepper, Fred Farnes, Dennis Guinn, Arnold Iannaccone, Phillip Lutes, Jason Means, Jimmy Parasco, Chris Sanders and Ainsley Taylor. SECOND: Mr. Cannava. Legislative Report There was no legislative report. Rules Report Ms. Loucks reviewed the Annual Regulatory Plan with the Board. MOTION: Mr. Flaherty made a motion to approve the Annual Regulatory Plan. SECOND: Mr. Chinchor. Financial Budget Liaison Report MOTION: Mr. Botknecht made a motion to approve the transfer of $100,000 from the operating account to the unlicensed activity account. SECOND: Mr. Smith.
Unlicensed Activity (ULA) Report There was no report. Examination Report The Board reviewed July 2015 and the August 2015 examination reports. Endorsement Report No change. Approval of Minutes July 2015 Draft Meeting Minutes MOTION: Mr. Smith made a motion to approve the meeting minutes. Ratification of Applications The ratification lists for the results of the Grandfathering Committee and Initial Licensure Application Review. The lists will be attached to the minutes and incorporated by reference. MOTION: Mr. Flaherty made a motion to approve the meeting minutes. SECOND: Mr. Bramlett. Old Business/New Business There was none. Prosecuting Attorneys Report Mr. Brackett directed the Board s attention to the details of the report. The report included case information for all open cases as of September 15, 2015. Board Counsel s Report There was no report. Executive Director s Report Ms. Christie directed the Board s attention to the enforcement report and the future Board Meeting dates and locations. Ms. Christie also gave the Board Members their Board Member Comp packages and asked the members to complete them and send them back to the Department.
Chairperson s Comments Mr. Smith provided the Board Members with an update from the NASCLA Meeting. Adjournment.