Division of Administrative Hearings, Florida
Latest Update: Mar. 07, 1988
This is a case in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations in an Administrative Complaint signed May 1, 1987. The Administrative Complaint alleges that the Respondent has violated Section 489.129(1)(m), Florida Statutes, which authorizes disciplinary action when a contractor is "...guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the practice of contracting." (There is also a factual allegation that the Respondent abandoned a project, but the Respondent is not charged with a violation of Section 489.129(1)(k), Florida Statutes, which authorizes disciplinary action for abandonment of a construction project.) Subsequent to the hearing, the Respondent filed a proposed recommended order containing proposed findings of fact. Specific rulings on those proposed findings are contained in the Appendix which is attached to and incorporated into this recommended order. As of the date of this recommended order, the Petitioner has not filed a proposed recommended order.Respondent cannot be found guilty of violation not charged. Evidence insufficient to establish violations actually charged.
