Division of Administrative Hearings, Florida
Latest Update: Dec. 04, 1990
Whether Respondent's license as a certified general contractor should be suspended or revoked, or the licensee otherwise disciplined, for alleged violations of Chapter 489, Florida Statutes, as set forth in the Administrative Complaint dated July 17, 1981. This case arises from an administrative complaint filed by the Department of Professional Regulation, seeking to take disciplinary action against Respondent Bruce Alles, a certified general contractor, for alleged derelictions in connection with the collapse of a condominium building at Cocoa Beach, Florida in March, 1981. Although this case was consolidated for hearing with Department of Professional Regulation, Construction Industry Licensing Board v. Lawrence M. Stoner, Case no. 81-1944, the parties announced at the commencement of the hearing that they had elected to hear this case separately. The parties further announced at the commencement of the hearing that they had entered into an oral stipulation as to legal issues and certain facts. At this time, Petitioner withdrew the matters set forth in Paragraph 13b of the complaint concerning violation of Subsection 489.129(1)(d), Florida Statutes, based on violations of applicable building codes in the construction of the building in question. The remaining stated grounds for discipline involve alleged violation of Subsection 489.129(1)(j), Florida Statutes, which provides for disciplinary action for failure in any material respect to comply with the provisions of Chapter 489. Paragraph 13a of the Administrative Complaint alleges that Respondent violated that provision under Subsections 489.119(2) and 105(3), F.S., which require a contractor as the qualifying agent for a business organization, to supervise and be responsible for the entire project contracted for, and under Subsection 489.119(5), F.S., which requires the contractor to affix his license number to all of his contracts and bids. The parties stipulated that the issues to be determined are: Whether the Respondent had a duty to affix his license number to the Harbour Cay contract, and Whether Respondent had a duty to supervise and to be responsible for the construction at the Harbour Cay site. No witnesses were called by Petitioner at the hearing, nor did it submit any documentary evidence. Respondent testified in his own behalf and submitted the testimony of one other witness. Proposed recommended orders submitted by the parties have been fully considered, and those portions not adopted herein are considered to be either unnecessary, irrelevant, or unsupported in law or fact.Written public reprimand for contractor who didn't put number on contract and let another company's qualifier build building.