STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1805

)

ROBERT QUEEN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on March 14, 1977, In West Palm Beach, Florida.

APPEARANCES 1/

For Petitioner: Barry S. Sinoff, Esquire

1010 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

The Florida Construction Industry Licensing Board (hereinafter Board) filed an administrative complaint against Robert Queen d/b/a Queen Construction Company, Respondent, on August 7, 1976, alleging that the Respondent had engaged in conduct violative of Chapter 468.112 (2)(e) and 468.112(2)(f), Florida Statutes, to wit: diversion of funds or property received for prosecution or completion of a specified construction project or operation where as a result of such diversion the contractor is or will be unable to fulfill the terms of his obligation or contract; disciplinary action by any municipality, city, or county, which action shall be reviewed by the state board before the state board takes any disciplinary action of its own. Based thereon, the Board seeks to revoke the Respondent's registered general contractor's license.

On August 9, 1976, Respondent, through its attorney, filed a motion with the Florida Construction Industry Licensing Board's Executive Director, J. K. Linnan, requesting that the Boards place his registered general contractor's license in an involuntary active status. This request was made in lieu of proceeding with any administrative action based upon the administrative complaint filed herein. The Board formally rejected this request on February 1, 1977, based on actions taken at its regular meeting of September 10, 1976. With this denial, the instant administrative hearing was noticed.

Based on my observation of the witnesses and their demeanor while testifying, I make the following:

FINDINGS OF FACT

1. Robert Queen, Respondent, was during all times material herein a registered general contractor and is the holder of license no. RG0011043.

   
   

2. On May 5, 1975, Mr. and Mrs. Paul B. Stuewe, of Delray Beach, Florida, a 100 percent disabled veteran-service connected, entered into a contract with Robert Queen then d/b/a Queen Construction Company for construction of a home. The home was to be completed within 45 days. Construction commenced as scheduled, however within 60 days following commencement of construction, the Stuewes became concerned about the progress of construction and notified the Respondent of their concern. During this period, the Stuewes had received liens and notices of intent to file liens from various suppliers and materialmen. To finance the project, the Stuewes obtained a $55,000.00 construction loan commitment from First Federal Savings and Loan Association. As of August, 1975, approximately $41,000.00 of the available $55,000.00 construction loan commitment had been withdrawn by the Respondent. The remaining balance of approximately $14,175.00 was frozen by the lender based on its receipt of liens or notices of intent to file liens in the amount of $23,243.84 from various suppliers and mechanics. Based on the monies available in the construction loan, it is apparent that when all liens are satisfied, a deficit of approximately $9,000.00 will be created.

   
   

3. The Stuewes took possession of their home on December 9, 1975, at which point the construction had not been completed as per the plans. When they took possession, Respondent advised that he had monies due from other projects and that upon receipt thereof, the construction for the Stuewe residence would be completed. Mr. Stuewe testified that when he took possession, the home was not carpeted nor did the Respondent install special railings in hallways and baths that were required by the contract and which the Stuewes requested based on his disability. Maynard Hamlin, the construction loan supervisor for First Federal Savings and Loan Association, testified and was in all respects corroborative of the testimony given by Mr. Stuewe.

   
   

4. Edward Flynn, Director of the Construction Industry Licensing Board for Palm Beach County testified that he Investigated various complaints that he had received against Respondent during late 1975 and early 1976. During that board's public meeting of February, 1976, the board considered Mr. Flynn's investigation of various complaints received by Respondent. Respondent was noticed but failed to appear at the hearing. The board did however receive a letter from the Respondent's attorney advising that he felt that his presence was unnecessary at the February meeting inasmuch as he was no longer the qualifying agent for Queen Construction Company, a Florida corporation. Minutes of the board's February meeting revealed that there were outstanding liens on two homes under construction by Respondent in excess of approximately

   $33,000.00. At that meeting, the board suspended Respondent's certificate of competency for an indefinite period of time.

   
   

5. Terry Verner, an investigator for the Florida Construction Industry Licensing Board, investigated the instant complaint filed against the Respondent. Mr. Verner was shown an application for the building permit obtained by Respondent for the Stuewe residence and noted that the permit was obtained by Respondent who qualified Johnson Builders as the qualifying contractor. Investigation of Petitioner's files reveals that Respondent qualified Johnson Builders as the qualifying entity under which he would pull all construction contracts but failed to register the Queen Construction

   Company, Inc. as required by the Board's rules and regulations. (See Petitioner's Exhibit #4).

   
   

   Based on the foregoing findings of fact, I hereby make the following: CONCLUSIONS OF LAW

6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.

   
   

7. The authority of the Petitioner is derived from Chapter 468, Florida Statutes.

   
   

8. The action of the Respondent in abandoning a construction project for which he contracted leaving a lien balance in excess of $9,000.00 which monies were received by him for completion of a specified construction project and his failure to fulfill the terms of his obligations pursuant to the contract he entered with the Stuewes amount to conduct violative of Chapter 468.112(2)(e), Florida Statutes.

   
   

9. Evidence adduced at the hearing established that the Respondent had been disciplined by the County's construction industry licensing board which action is reviewable pursuant to Chapter 468.112 (2)(f), Florida Statutes.

Based on the foregoing findings of fact and conclusions of law, I hereby issue the following:

RECOMMENDED ORDER

Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED:

That the Respondent's registered general contractor's license no. RG0011043 be revoked.

RECOMMENDED this 1st day of April, 1977, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

ENDNOTE

1/ Robert Queen, Respondent, as well as his attorney, H. Taylor White, Esquire, were properly noticed of the hearing, however they did not appear.

COPIES FURNISHED:

Barry S. Sinoff, Esquire 1010 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

Mr. Robert Queen Lagos De Campo Blvd.

Tamarac, Florida 33321

H. Taylor White, Esquire Courthouse Square Building Suite 602-A

200 S.E. 6th Street

Ft. Lauderdale, Florida 33301

Docket for Case No: 76-001805

Orders for Case No: 76-001805