STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 76-410

)

JOSE R. GARCIA d/b/a )

GABROS CONSTRUCTION, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice in the County Commission Room, Building F, Collier County Courthouse Complex, at 10:30 A.M., March 24, 1977, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This matter came on to be heard upon an Administrative Complaint filed by the Florida Construction Industry Licensing Board against Jose Ramone Garcia d/b/a Gabros Construction alleging that Garcia had obtained a building permit for an uncertified or unregistered person for the purpose of assisting said person to evade the provisions of Part 2, Chapter 468, Florida Statutes.

APPEARANCES

For Petitioner: Barry S. Sinoff, Esquire

Jacobs, Sinoff, Edwards, Alford & Burgess Post Office Drawer I

Fernandina Beach, Florida 32034

For Respondent: Jose Ramone Garcia,

appearing in his own behalf

ISSUE

Whether Jose Ramone Garcia obtained a building permit for the purpose of aiding an uncertified or unregistered person to evade the provisions of Part 2, Chapter 468, Florida Statutes.

FINDINGS OF FACT

1. Jose Ramone Garcia holds a license as a general contractor issued by the Florida Construction Industry Licensing Board and is licensed as doing business as Gabros Construction.

   
   

2. Jose Ramone Garcia, on or about April 26, 1974, obtained a building permit No. 74-1006 issued by Collier County Building Department to build a home at 378 Seabee Avenue, Vanderbilt Beach, Florida.

3. The home at 378 Seabee Avenue, Vanderbilt Beach, Florida, was built by Roger Dulaney, an unlicensed person, who had contracted verbally to build said home with Mr. William E. Young, the owner of the real property.

   
   

4. Jose Ramone Garcia obtained the building permit No. 74-1006 with money given to him by Roger Dulaney, but Jose Ramone Garcia did not receive any compensation for his assistance to Roger Dulaney.

   
   

5. Jose Ramone Garcia did not contract with William E. Young to build the home at 378 Seabee Avenue, Vanderbilt Beach, Florida. Jose Ramone Garcia did not contract with any of the subcontractors or materialmen for services or goods used in the construction of the home at 378 Seabee Avenue, Vanderbilt Beach, Florida.

   
   

6. Jose Ramone Garcia was frequently at the construction site at 378 Seabee Avenue and did oversee the construction which Dulaney directed. Garcia did insure that all construction work done was in accordance with the specifications and plans and the building code of Collier County. All work on the home at 378 Seabee Avenue was inspected and approved by the building authorities of Collier County. With several minor adjustments, the construction was acceptable to the owners.

   
   

7. The major problem involved with the house constructed at 378 Seabee Avenue involved the contract price of the home arrived at between Dulaney and Young. Garcia did not negotiate the contract of the construction of the house at 378 Seabee Avenue and had no knowledge of the contract price. The dispute between Dulaney and Young resulted in court action between these parties which resulted in a judgment by the court in the favor of Dulaney.

   
   

8. Jose Ramone Garcia has been unable to obtain a building permit as a contractor in Collier County since the filing of the Administrative Complaint in January, 1976. Garcia currently resides in Collier County.

   
   

   CONCLUSIONS OF LAW

   
   

9. The provisions of Section 468.112(2)(b)(c), Florida Statutes, provides as follows:

   
   

   "(b) Aiding or abetting any uncertified or unregistered person to evade any pro- vision of this part.

   
   

   (c) Knowingly combining or conspiring with an uncertified or unregistered person by allowing one's certificate or registra- tion to be used by any uncertified or un- registered person with intent to evade the

   provisions of this part. When a certificate holder or registrant allows his certificate or registration to be used by one or more companies without having any active partici- pation in the operations, management, or control said companies, this act constitutes prima facie evidence of an intent to evade the provisions of this part."

10. Jose Ramone Garcia obtained a permit for Roger Dulaney who was uncertified or unregistered but who had entered a contract with William E. Young to construct a home at 378 Seabee Avenue, Vanderbilt Beach, Florida. Although Roger Dulaney did negotiate the contract with Young and made all contracts with subcontractors and materialmen for goods and services for the construction of the residence at 378 Seabee Avenue, Garcia did exercise supervision over the quality of construction.

    
    

11. Although Jose Ramone Garcia supervised the construction of the residence at 378 Seabee Avenue, he did violate the provisions of Section 468.112(b) and (c) , Part 2, Florida Statutes.

RECOMMENDATION

Because the licensing privilege of Garcia has already been effectively suspended for 14 months, which is a substantial period of suspension, the Hearing Officer does not feel that a further suspension would be of any benefit. The Hearing Officer would recommend that a civil penalty of $500 be assessed against Garcia based upon the foregoing findings of fact and conclusions of law.

DONE and ORDERED this 29th day of March, 1977, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Barry S. Sinoff, Esquire Jacobs, Sinoff, Edwards, Alford & Burgess

Post Office Drawer I

Fernandina Beach, Florida 32034

Jose Ramone Garcia 9341 S. W. 38th Street Miami, Florida

J. K. Linnan Executive Director

Florida Construction Industry Licensing Board

Post Office Box 8621 Jacksonville, Florida 32211

Docket for Case No: 76-000410

Orders for Case No: 76-000410