STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL AND OCCUPATIONAL ) REGULATION, THE FLORIDA ) CONSTRUCTION INDUSTRY LICENSING ) BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2448

)

THOMAS G. WALKER D/B/A )

INSULSHIELD ROOFING )

)

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 February 8, 1979, in Melbourne, Florida.

APPEARANCES

For Petitioner: Barry S. Sinoff, Esquire

2400 Independent Square

Jacksonville, Florida 32202

For Respondent: Thomas G. Walker, in Pro Per person

d/b/a Insulshield Roofing

170 5th Street, South

Melbourne Beach, Florida 32951 ISSUE

By its Administrative Complaint filed on or about November 29, 1978, the Florida Construction Industry Licensing Board (herein sometimes called the "Board" or the "Petitioner") seeks to revoke the registered residential contractor's license of licensee, Thomas G. Walker, d/b/a Insulshield Roofing, based on conduct which will be set forth hereinafter in detail and to additionally impose an administrative fine in the amount of $500.00.

FINDINGS OF FACT

Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence and the positions of the parties, I hereby make the following:

1. Thomas G. Walker (herein sometimes called "Licensee" or "Respondent") is a registered residential contractor and is issued license number RR 0009839. Thomas G. Walker was initially licensed by the Board in July of 1969 as an

   individual and during January, 1975, he changed his registration status as an individual to qualify Insulshield Roofing as the business entity through which he would conduct his business (Petitioner's Exhibit No. 1). An examination of the official records pertaining to the Licensee reveals that he does not now nor has he ever held a roofing license in the State of Florida.

   
   

2. On February 16, 1979, the Licensee was apprehended contracting roofing without a State roofing contractor's license by the Board's representative and was issued a Notice of Violation (Petitioner's Exhibit No. 3).

   
   

3. On July 26, 1977, the Licensee entered into an agreement with Jan Soderstrom, 501 Orlando Avenue, Indialantic, Florida, to remove the tile from the Florida Room of her residence and hot mop the herein-described roofing area, to replace tile as needed, to clean and coat the entire roof, and to install a cap over Ms. Soderstrom's chimney. He guaranteed the work for a period of five

   (5) years and charged a contracted price of $800.00. The Licensee was paid the contracted price of $800.00 by check dated August 4, 1977 (Petitioner's Exhibit No. 5). During early February, 1978, Ms. Soderstrom detected a leak in her roof and summoned the Licensee back to her residence to repair same. During February, 1978, Respondent returned to Ms. Soderstrom's residence to repair the leak in her roof. Upon his return, he removed several roof tiles and since February, 1978, to the present, he has not returned to this project.

   
   

4. Clyde Pirtle, a field investigator for the Board, investigated the Licensee based on complaints that he received from Ms. Soderstrom and from a Mr. Capitz. On or about February 16, 1977, Mr. Pirtle discussed a Notice of Violation with the Licensee and explained to him the necessity to register as a Roofing Contractor, if he was in the business of acting as a Roofing Contractor.

   
   

5. Mr. Charles D. Franklin, a building official of Indian Harbor Beach, Florida, is the custodian of the records in Indian Harbor, Florida. Based on an examination of the records by Mr. Franklin, the Respondent/Licensee is not registered as a Roofing Contractor locally.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

8. Competent and substantial evidence was offered to establish that the Respondent engaged in willful and deliberate conduct in violation of the applicable building codes of the State of Florida and other local municipalities, counties and cities in the area in which he was engaging in work as a contractor (Chapter 468.112(2)(a), Florida Statutes).

   
   

9. Competent and substantial evidence was offered to establish that the Respondent abandoned the construction project with which he was engaged as a contractor by his abandonment of the project which he was engaged in for Ms. Jan Soderstrom (Chapter 468.112(2)(h), Florida Statutes)

   
   

10. Competent and substantial evidence was offered to establish that the Respondent failed to register Insulshield Roofing as a qualifying entity to perform roofing contracting as set forth and defined in Chapter 468.112(2)(g), Florida Statutes.

RECOMMENDATION

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

RECOMMENDED:

That the registered residential contractor's license, number 0009839, of the Licensee, Thomas G. Walker, d/b/a Insulshield Roofing, be suspended for a period of one (1) year.

RECOMMENDED this 4th day of April, 1979, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Barry S. Sinoff, Esquire 2400 Independent Square

Jacksonville, Florida 32202

Thomas G. Walker d/b/a Insulshield Roofing

170 5th Street South

Melbourne Beach, Florida 32951

J. K. Linnan, Executive Director Florida Construction Industry

Licensing Board Post Office Box 8621

Jacksonville, Florida 32211

Docket for Case No: 78-002448

Orders for Case No: 78-002448