Division of Administrative Hearings, Florida
Filed: Jan. 18, 1991
The issues in these consolidated cases are whether the Construction Industry Licensing Board should discipline the Respondent, William C. Lovelace, on charges set out in the Amended Administrative Complaint in Case No. 91-0390 (DPR Case No. 89-010370) and in the Second Amended Administrative Complaint in Case No. 91-0391 (DPR Case No. 109703). Both the Amended Complaint in Case No. 91-0390 and the Second Amended Complaint in Case No. 91-0391 allege essentially that the Respondent, a certified building contractor and registered roofing contractor, accepted payments under a contract for residential construction (with the Clarks in Case No. 91-0390 and with the Parows in Case No. 91-0391) and did not pay all suppliers and subcontractors on the job, some of whom filed claims of lien against the property. They allege that, in each case, the Respondent was found guilty of misapplying real property improvement funds in violation of Section 713.345(1), Fla. Stat. (1989). Based on the allegations, they charge violations in three counts. In each case, Count I charges a violation of Section 489.129(1)(h), Fla. Stat. (1989), for mismanagement or misconduct in the practice of contracting that causes financial harm to the customer. Count II charges a violation of Section 489.129(1)(b), Fla. Stat. (1989), for being convicted or found guilty of a crime which directly relates to the practice of contracting or the ability to practice contracting. Count III charges a violation of Section 489.129(1)(m), Fla. Stat. (1989), for being guilty of fraud or deceit or of gross negligence, incompetence, or misconduct in the practice of contracting.Contractor convicted for misapplying funds, financial mismanagement, and fraud or deceit. Penalty guidelines applied: $2000 fine, restitution, probation.