Whether Florida Administrative Code Rules 61G15- 21.009(1)(b) and (3) and 61G15-20.0015(3) are invalid exercises of delegated legislative authority.Subject rules do not constitute an invalid exercise of legislative authority.
Whether disciplinary action should be taken against Respondent's license to practice contracting, License Number CB C043621, based on the violations of Section 489.129(1), Florida Statutes, as charged in the Administrative Complaint filed against Respondent on July 15, 1995.Contractor failed to return deposit after contract cancelled; deceit; misconduct; suspension; fine; restitution.
Whether disciplinary action should be taken against Respondent's license to practice contracting number RC 0054458, based on the violations of Section 489.129(1)(j), (k), (h), (p) and (m), F.S., alleged in the five count Administrative Complaint.Licensed roofer found guilty of multiple offenses stemming from attempting to bld polebarn for which he was'nt licnsd order to reimburse fine suspended
The issue to be resolved in this proceeding involves whether the Respondent's certification to practice contracting should be subjected to disciplinary action for alleged violations of Section 489.129(1), Florida Statutes, and, if the violations are proven, what, if any, penalty is warranted.Respondent failed to appear for hearing after third chance to testify re: lack of notice; Petitioner proved violations; mod fine.
Whether the Respondent, Ernest E. Lee, committed the offenses alleged in an Administrative Complaint entered by the Department of Professional Regulation on November 22, 1992, and, if so, what discipline should be imposed against Mr. Lee's Florida registered general contractor's license?Respondent performed substandard roof work. Not licensed as a roofing contractor. Violated bldg codes-no building permit and inappropriate material.
With regard to Case No. 92-0593: Count I: Has Respondent violated Section 489.129(1)(n) [1990] F.S. by proceeding on the "Gudzak" job without obtaining applicable local building permits and inspections? Count II: Has Respondent failed to comply with Section 489.117(2) [1990] F.S. and thereby violated Section 489.129(1)(j) [1990] F.S. by failing in any material respect to comply with the provisions of that section? Count III: Has Respondent violated Section 489.129(1)(m) [1990] F.S., fraud, deceit, or gross negligence, incompetency, or misconduct in the practice of contracting by failing to provide a reasonably watertight roof on the "Gudzak" job? With regard to Case No. 92-1494: Count I: Has Respondent violated Section 489.129(1)(n) [1990] F.S. by proceeding on the "Rommel" job without obtaining local building permits and inspections? Count II: Has Respondent violated Section 489.129(1)(m) [1990] F.S., fraud, deceit, or gross negligence, incompetency, or misconduct in the practice of contracting by failing to provide a reasonably tight roof on the "Rommel" job?General contractor who did 2 bad roofs in one year held guilty of gross negligence and misconduct; failure to pull permits is contractor's error.
The issue is whether the contractor's license of Respondent, Robert L. Fountain, Jr., (Fountain) should be revoked or otherwise penalized based on the acts alleged in the Administrative Complaint.Failure to return deposit. Unjust enrichment is an equitable remedy in contract dispute, not available in administrative disciplinary case.
Whether petitioner should take disciplinary action against respondent for the reasons alleged in the amended administrative complaint?Failure to honor warranty nets roofer $500 fine. Probation subject to restitution not authorized by statute.
Whether Respondent's license as a certified building contractor in the state of Florida should be revoked, suspended or otherwise disciplined under the facts and circumstances of this case.Licensee guilty of violating 489.129 where he had reasonable grounds to know that contractor was neither licensed or registered, yet assisted in contracting
Whether Respondent's license as a registered building contractor in the state of Florida should be revoked, suspended or otherwise disciplined under these facts and circumstances of these cases.Sufficient evidence to show violation of Section 489.129(l)(k)(m).
