Division of Administrative Hearings, Florida
Latest Update: Jul. 13, 1987
On July 24, 1986, Petitioner filed an administrative complaint alleging Respondent violated Section 489.129(1)(d), Florida Statutes, (DPR Case No. 0066199), by violation of local building codes and local laws through his failure to be locally certified in Palm Beach County and by failing to obtain a permit in connection with reroofing at Boca Entrada Ltd., in 1982.1/ This administrative complaint formed the charging document for DOAH Case No. 86-4427. On September 22, 1986, Petitioner filed an administrative complaint alleging Respondent violated Section 489.129(1)(d), Florida Statutes, through his failure to obtain a permit in violation of a local law and that Respondent violated Section 489.129(1)(m), Florida Statutes, [misconduct, gross negligence, and/or incompetence in contracting by failure to reasonably honor the guarantee he gave June 25, 1985, to a Miami customer, Edward Polsky (DPR Case No. 71433). This administrative complaint formed the charging document for DOAH Case No. 86- 4428. The two cases were subsequently consolidated for final formal hearing. Petitioner presented the oral testimony of Doris Miller, Brenda Hales, George Froehlich, Dominique Sins, Donna Romito, Joan Polsky, and Charles H. Walton. Petitioner had admitted in evidence Petitioner's Exhibits 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. Exhibit P-2 was withdrawn at formal hearing and P-6 was subsequently withdrawn upon motion and order subsequent to formal hearing. Respondent presented his own testimony and had admitted in evidence Respondent's Exhibit 1. Petitioner filed a transcript of proceedings and timely submitted post- hearing proposed findings of fact and conclusions of law, which proposals are ruled upon in the appendix to this recommended order, pursuant to Section 120.59(2), Florida Statutes. Respondent filed no post-hearing proposals.Contractor not disciplined for acts before licensure or upon hearsay of ordinance text. 1 year. suspension imposed for willful failure to pull permit.