General Session Minutes Electrical Contractors’ Licensing Board September 22, 2017

MARRIOTT RESORT HUTCHINSON ISLAND 555 NE OCEAN BLVD.

STUART, FL 34996 800-775-5936

The Board Meeting was called to order by Chairman David Botknecht on Thursday, September 21, 2017, at 8:30 a.m. and Friday, September 22, 2017, at 8:30 a.m. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL Members Present David Botknecht (Chairman) Douglas Bassett (Vice-Chairman) Clarence Tibbs Benjamin Smith Brian Flaherty Rafael Echarri Kathleen Krak Eric Vilkoski Members Absent John (Jay) Cannava Others Present Ruthanne Christie, Executive Director Stacey Buccieri, Government Analyst II Deborah Loucks, Esq., Assistant Attorney General Court Reporter –Atlantic Reporting– (772) 283-3221 George Stubbs – for compliance with an application order.

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PROBABLE CAUSE PANEL PUBLIC CASES (HEARD ON WEDNESD AY, 20, 2017). Eugene Roman Case 2015-027443 John D. Taggart 2014-047110 Richard Tobier 2015-018010 MOTION: Mr. Flaherty made a motion to dismiss these cases. SECOND: Mr. Smith. Motion passed unanimously.

DISCIPLINARY CASES – RAMSEY REVELL, ASSISTANT GENER AL COUNSEL

Robert Christian, Jr. ER 13705 Case # 2016-003815 Motion to Vacate & Settlement Stipulation Mr. Christian was not present nor represented by counsel. Mr. Flaherty and Mr. Smith were recused. Mr. Christian was charged with a violation of 489.533(1)(n), F.S., Disciplined by municipality or county. MOTION: Mr. Tibbs made a motion to vacate the previous Final Order. SECOND: Mr. Botknecht. Motion passed unanimously. MOTION: Mr. Botknecht made a motion to accept the Settlement Stipulation as presented by the Prosecuting Attorney. This Settlement Stipulation provided that Mr. Christian agrees to voluntarily relinquish his license number ER 13705. Mr. Christian agrees to never apply for a licensure as an Electrical Contractor in the State of Florida. He also agrees if he ever attempts to reapply for licensure as an electrical contractor he will pay $2,500 in administrative fines and $150.67 in investigative costs. SECOND: Mr. Bassett. Motion passed unanimously.

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Richard W. Speaker Empire Electric, Inc. License #: EC 13004667 Case #: 2016-018071 Settlement Stipulation Mr. Speaker was not present nor represented by counsel. Mr. Flaherty and Mr. Smith were recused. Mr. Speaker was charged with a violation of 489.533(1)(r), F.S., By proceeding on any job without obtaining applicable building department permits and inspections. MOTION: Mr. Botknecht made a motion to accept the Settlement Stipulation as presented by the Prosecuting Attorney. This Settlement Stipulation provided that Mr. Speaker pay an administrative fine in the amount of $800.00, investigative costs in the amount of $483.61 within 90 days and complete 2 hours of continuing education with an emphasis on laws and rules within 90 days. SECOND: Mr. Bassett. Motion passed unanimously.

Tony Finno True Power Electric, Inc. License # EC 13002831 Case # 2016-010632 Motion for Final Order Mr. Finno was not present nor represented by counsel. Mr. Flaherty and Mr. Smith were recused. MOTION: Mr. Smith made a motion to grant the continuance request by Mr. Finno. SECOND: Ms. Krak. Motion passed unanimously Mark Golden South Florida Systems Corp. License # EF 80 Case # 2016-049885 Waiver This case was pulled from the agenda by the Prosecuting Attorney.

HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT, DEBORAH LOUCKS, ESQ., ASSISTANT ATTORNEY GENERAL Frederick Chambers Application Denial Mr. Chambers was present and sworn in by the court reporter.

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MOTION: Mr. Botknecht made a motion to reverse the denial and approve the application with the condition Mr. Chambers attend a disciplinary hearing within 1 year. SECOND: Mr. Bramlett. Motion passed unanimously.

Anthony Davis

Application Denial Mr. Davis 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 payment of $1,000 fine. Mr. Davis’ license will be placed on probation for 3 years. Within 1 year he must complete a 14 hour, live, FASA/BASA initial training course and 10 hours of continuing education, including 2 hours of laws and rules governing the practice of electrical contracting in addition to the continuing education hours required to renew the license. Also within 1 year he must attend a disciplinary hearing. SECOND: Mr. Bassett. Motion passed unanimously.

Joshua Rockefeller Application Denial

Mr. Rockefeller was present and sworn in by the court reporter.

MOTION: Mr. Tibbs made a motion to reverse the denial and approve the application. SECOND: Mr. Flaherty. Motion passed unanimously.

Michael Scott

Application Denial Mr. Scott 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. Bassett. Motion passed unanimously.

Andrew Simeon Application Denial

Mr. Simeon was present with his Attorney Thomas Cooney and sworn in by the court reporter.

MOTION: Ms. Krak made a motion to reverse the denial and approve the application. SECOND: Mr. Tibbs. Motion failed 4 to 4. Mr. Echarri, Mr. Smith, Mr. Flaherty and Mr. Bassett were opposed.

MOTION: Mr. Flaherty made a motion to uphold the denial of the application. SECOND: Mr. Smith. Motion failed 4 to 4. Mr. Vilkoski, Ms. Krak, Mr. Tibbs and Mr. Botknecht were opposed.

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MOTION: Mr. Flaherty made a motion to reverse the denial and approve the application based on his experience in the trade and education. SECOND: Mr. Tibbs. Motion passed unanimously.

Guillermo Torres

Application Denial Mr. Torres was present with Jose Galgulia and sworn in by the court reporter.

MOTION: Mr. Botknecht made a motion to reverse the denial and approve the application. SECOND: Mr. Flaherty. Motion passed unanimously. James Lopez

Application Denial Mr. Lopez 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. Bassett. Motion passed unanimously.

PROBATION COMMITTEE REPORT

MOTION: Mr. Botknecht made a motion to accept the probation reports of Santiago Arredondo, Collin Battieste, David Emerson, Guy Fish, Eduardo Guana Perez, Douglas Henderson, Karen King, John Nielsen, Fausto Rodriguez, William Jeffery Somers, Joshua Stanton, Stephen Williams. SECOND: Mr. Tibbs. Motion passed unanimously.

LEGISLATIVE REPORT There was no Legislative Report.

RULES REPORT, DEBORAH LOUCKS, ESQ., ASSISTANT ATTOR NEY GENERAL

Ms. Loucks reported Rule 61G6-12.015 & 61G6-12.003 were progressing though the rulemaking process. Ms. Loucks directed the Board to rule 61G6-4.019, F.A.C., she stated there had been a statutory change to 489.529, F.S., but she did not feel a rule change was necessary. They Board agreed no rule change was needed. Ms. Loucks stated she and Ms. Christie had received some suggested changes to rule 61G6-5.011, F.A.C.

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MOTION: Mr. Tibbs made a motion to approve the draft language and to open this rule for development. SECOND: Mr. Bassett. Motion passed unanimously. MOTION: Mr. Tibbs made a motion there was no adverse financial impact in excess of $200,000 in one year or $500,000 over five years and no Statement of Estimated Regulatory Costs was required. SECOND: Mr. Bassett. Motion passed unanimously. The Board stated that this rule would not be a minor violation pursuant to Section 120.695, F.S. The approved draft language was as follows:

61G6-5.011 Qualification of Joint Ventures. (1) These rules do not prohibit a properly qualified business entity from participating in a joint venture with business

entities which are not qualified; however, only a properly qualified entity may engage in contracting as defined in Section 489.505, F.S. A joint venture, including a joint venture composed of qualified business entities, is itself a separate and distinct entity which must be qualified.

(2) A joint venture, one or more of whose participants are not licensed contractors under Chapter 489, Part II, F.S., may submit a bid on a project under the following circumstances:

(a) There must be a written joint venture agreement. (b) One of the joint ventures must be a business entity properly qualified by a licensed contractor. (c) Each participant must sign a statement of authority (as set out in Rule 61G6-5.010, F.A.C.) giving the licensed

contractor full authority to conduct the contracting business of the participant. (d) A bonding company must issue a letter of bondability of the joint venture participants which guarantees the

subsequent performance of the contract. (e) Copies of the joint venture agreement, statements of authority, and the letter of bondability must be received and

approved by the Board Office prior to the time of the bid. (f) If the joint venture is awarded the contract, the licensed contractor must qualify all business entities participating

in the joint venture within sixty (60) ninety days (90) days. (g) A licensed contractor is restricted to one use of this method of limited qualification at any one time. (h) A licensed contractor who uses this method of limited qualification must maintain on file with the Board Office

up-to-date information, as required on the application, concerning all business entities he qualifies. (i) This method of limited qualifications may not be used by any business entity whose application is subject to

denial under Section 489.521(9), F.S., due to an officer, partner, director, or member being fined pursuant to Section 489.533, F.S.

(j) The Board may limit the qualification issued, as to the project or projects bid upon and prescribe the time period the qualification is to remain effective.

(3) All qualifying agents of the joint venture will be required to make an appearance at the Board meeting where the application is reviewed, prior to approval for licensing of the joint venture. A licensed contractor is required to obtain approval for each joint venture. FINANCIAL BUDGET LIAISON REPORT There was no Financial Report.

UNLICENSED ACTIVITY (ULA) REPORT

There was no ULA Report.

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EXAMINATION REPORT

The Board reviewed the July 2017 performance summary.

ENDORSEMENT REPORT

• No Change

APPROVAL OF MINUTES

• Draft July 2017 Meeting Minutes • Draft Amended July 2016 Meeting Minutes

MOTION: Mr. Tibbs made a motion to approve both sets of meeting minutes. SECOND: Mr. Bassett. Motion passed unanimously.

RATIFICATION OF APPLICATIONS

• The ratification lists for the results of the Initial Licensure Application Review. The lists will be attached to the minutes and incorporated by reference.

MOTION: Mr. Botknecht made a motion to approve the ratification lists. SECOND: Mr. Tibbs. Motion passed unanimously. PROSECUTING ATTORNEYS’ REPORT – RAMSEY REVELL, ASSI STANT GENERAL COUNSEL Ms. Revell directed the Board’s attention to the details of the report. The report included case information for all open cases as of 9/18/17.

BOARD COUNSEL’S REPORT – DEBORAH LOUCKS, ASSISTANT ATTORNEY GENERAL

2017-2018 Annual Regulatory Plan

Ms. Loucks reviewed the Annual Regulatory Plan with the Board.

MOTION: Mr. Botknecht made a motion to approve the Annual Regulatory Plan. SECOND: Mr. Bassett. Motion passed unanimously.

EXECUTIVE DIRECTOR’S REPORT – RUTHANNE CHRISTIE

Ms. Christie directed the Board’s attention to the enforcement report.

Ms. Christie also provided the upcoming meeting dates and locations.

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OLD BUSINESS/NEW BUSINESS There was no Old Business/New Business. CHAIRPERSON’S COMMENTS – DAVID BOTKNECHT Mr. Botknecht reported he attended a telephone conference call with the Governor concerning the rebuilding process and help on ways to streamline the process. Mr. Botknecht also thanked everyone for their hard work.

ADJOURNMENT – 10:15 a.m.