STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 76-2112

) LICENSE NO. CP C008904 and

JOAQUIN VAZQUEZ, ) CG C00248I

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Room B-2O, 2801 Salzedo Street, Coral Gables, Florida, on April 20, 1977, at 1:00 P.M. before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings.

APPEARANCES

For Petitioner: David Linn, Esquire

217 South Adams Street Post Office Box 1386

Tallahassee, Florida 32302

For Respondent: Jerome S. Reisman, Esquire

1515 Northwest 7th Street, Number 106

Miami, Florida 33125

ISSUE

Whether the state certified pool construction license number CP C008904 and the state certified general contractor's license number CG C002481 of Joaquin Vazquez should be revoked.

FINDINGS OF FACT

1. Division A of the Construction Trade Qualifying Board held a hearing on September 15, 1976, pertaining to ten (10) charges of violating the Dade County building code against Respondent Joaquin Vazquez. At the completion of this formal hearing, Joaquin Vazquez was found guilty of eight (8) of the ten (10) charges. Charles W. Leavitt, Jr., Clerk of the Construction Trades Qualifying Board In Metropolitan Dade County, Florida, identified the minutes of the Board Meeting held on September 15, together with the charges as set forth in letters dated May 10, 1976, and August 19, 1976. Copies of these instruments were introduced into evidence without objection. The Respondent did not deny the charges at the hearing and had not appealed the finding of guilt of eight (8) of the ten (10) charges at the conclusion of the formal hearing on September 15, 1976. Briefly the charges (spanning the term from July 1, 1975 to June 29, 1976), finds and penalties are as follows:

   Charge 1.: Allowing permit to be applied for and taken out in Respondent's name in order for Angela

   J. Stevens and/or Sparkle Blue Pools to construct

   a swimming pool. Found guilty - letter of reprimand.

   
   

   Charge 3.: Similar to Charge 1 - found guilty - certificate to be suspended for one (1) year.

   
   

   Charge 4.: Failure to supervise, direct and control, the construction or installation of a swimming pool taken out in Respondent's name. Found guilty - one

   (1) year suspension to run concurrent with any other suspensions.

   
   

   Charge 5.: Similar to Charge 1 - found guilty - ninety

   (90) day concurrent suspension.

   
   

   Charge 6.: Similar to Charge 4 - found guilty - ninety

   (90) day suspension.

   
   

   Charge 7.: Similar to Charge 1 - found guilty - revo- cation of certificates.

   
   

   Charge 8.: Similar to Charge 4 - found guilty - both certificates be revoked.

   
   

   Charge 10.: Allowing a permit to be applied for and taken out in Respondent's name in order for Jack Goodman and/or Precision Engineering, Inc., to construct a swimming pool. Found guilty - letter

   of reprimand.

   
   

2. An Administrative Complaint was filed by the Petitioner through its executive director on November 12, 1976, citing the hearing and the charges and the finding of guilt of Respondent and stating that the results of said formal hearing show a violation of Florida Statute 468.112(2)(a), willful or deliberate disregard and violation of applicable building codes or laws of the state or any municipality, cities or counties thereof. Therefore, the Board seeks to revoke the state certified pool contractors license number CP C008904 and state certified general contractors license number CG C002481 of Joaquin Vazquez, the Respondent.

   
   

3. The Respondent did not deny the charges but presented an attack on the character and veracity of the witness, Angela Stevens, in four (4) of the charges against him. He cited the witness Angela Stevens' failure to abide by probationary requirements imposed for her acting as a contractor without a license. Furthermore, the Respondent offered his own and a witness, Mr. Gonzalez's, testimony to the fact that he was solicitated by Angela Stevens to make false testimony to the effect that Angela Stevens was an employee of his when in fact she had never been. The charges against the Respondent were brought subsequent to the charges brought against the witness Angela Stevens. The Respondent contends that the affidavits and testimony of Angela Stevens were no more than self serving statements made in her own behalf in an attempt to cover up her criminal intentions and that the charges and finding of guilt of the Respondent were based largely on the affidavit and testimony of said witness.

4. Respondent further offered a medical report indicating that he was unable to work in the month of May, 1975, and further his testimony was that he was out of the country in mid June and July, 1975, in order to recuperate from high blood pressure attacks.

   
   

5. Petitioner contends: the undisputed evidence presented in the finding of guilt of the charges involved in the prior hearing are sufficient to find Respondent guilty of violating Section 468.112(2)(a), Florida Statutes, and that Respondent's license should be revoked.

   
   

6. Respondent contends: the witness against him was self serving and an attempt to cover up her criminal intentions; that he in fact supervised some of the jobs he was found guilty of not supervising; that he was ill some of the time and did not willfully violate the code.

   
   

7. The proposed facts and conclusions of the parties submitted after the hearing herein have been considered in this Recommended Order.

   
   

   CONCLUSIONS OF LAW

8. Section 468.112(2)(a), Florida Statutes, provides as follows: "(2) The following acts constitute cause

   for disciplinary action:

   1. Willful or deliberate disregard and violation of the applicable building codes or laws of the state or any municipalities, cities or counties thereof."

      
      

9. The undisputed evidence filed in this cause show a violation of the foregoing section, and the number of violations over a period of time tend to show a willful and deliberate disregard for the building codes of the city.

RECOMMENDATION

Suspend the licenses, No. CP C008904 and No. CG C002481, of the Respondent Joaquin Vazquez for a period not to exceed six (6) months.

DONE and ORDERED this 31st day of May, 1977, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

David Linn, Esquire Post Office Box 1386

Tallahassee, Florida 32302

Jerome S. Reisman, Esquire

1515 Northwest 7th Street, #106

Miami Florida 33125

J. K. Linnan Executive Director

Florida Construction Industry Licensing Board

Post Office Box 8621 Jacksonville, Florida 32211

Docket for Case No: 76-002112

Orders for Case No: 76-002112