STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, CONSTRUCTION )

INDUSTRY LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2988

)

ROBERT MACCELLI, )

)

Respondent. )

)

RECOMMENDED ORDER

Final hearing in this case was held pursuant to notice on May 27, 1982, in Fort Lauderdale, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case was presented on an Administrative Complaint filed by the Construction Industry Licensing Board against the Respondent, Robert Maccelli, alleging that Respondent had been convicted of accepting a bribe in conjunction with the practice of contracting in violation of Section 489.129(1)(b), Florida Statutes.

APPEARANCES

For Petitioner: Michael J. Cohen, Esquire

2715 East Oakland Park Boulevard, Suite 101

Fort Lauderdale, Florida 33306

For Respondent: Did not appear and was not represented ISSUE

The issues in this case were as follows:

1. Was Respondent convicted of bribery in conjunction with the practice of contracting?

   
   

2. Is such conviction a violation of Section 489.129(1)(b) Florida Statutes?

FINDINGS OF FACT

1. The Respondent, Robert Maccelli, is a certified general contractor in inactive status for the period 1981 through 1983, holding License #CG C011040. He was in inactive status as of June 1, 1981. (See Petitioner's Exhibit 1.)

   
   

2. Respondent was employed as a building inspector for Broward County, Florida. He was required to be a certified contractor to fill this position. (See Petitioner's Exhibit 3.)

3. On June 1, 1982, Respondent pleaded guilty to a charge of violating Section 838.015, Florida Statutes, by taking a bribe in relation to the performance of his duties as a building inspector for Broward County. (See Petitioner's Exhibit 2.)

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction to hear this cause and enter this Recommended Order pursuant to Section 120.57(1), Florida Statutes. The Construction Industry Licensing Board has authority to discipline those persons whom it certifies and registers pursuant to Chapter 489, Florida Statutes.

   
   

5. The Board alleges that Respondent violated Section 489.129(1)(b), Florida Statutes, by being convicted of violating Section 838.015, Florida Statutes. Section 489.129(1)(b), supra, provides that the certification or registration of a contractor may be suspended or revoked if the contractor is found to have been guilty of a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting. Section 838.015, supra, makes it unlawful to accept a bribe with an intent to influence the performance of any act within the discretion of a public servant in violation of a public duty or in performance of a public duty. Bribery is a felony in the third degree.

   
   

6. The evidence shows that Respondent pleaded guilty to violation of Section 838.015, Florida Statutes. This crime was related to his duties as a building inspector for which he was required to be a certified contractor. Further, it related to his duties and the practice of contracting. Respondent is guilty of violating Section 489.129(1)(b), Florida Statutes.

RECOMMENDATION

Having found the Respondent, Robert Maccelli, in violation of Section 489.129(1)(b), Florida Statutes, the Hearing Officer recommends that the Construction Industry Licensing Board revoke the certificate of Respondent as a general contractor.

DONE and ORDERED this 13th day of July, 1982, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 13th day of July, 1982.

COPIES FURNISHED:

Michael J. Cohen, Esquire

2715 East Oakland Park Boulevard Suite 101

Fort Lauderdale, Florida 33306

Mr. Robert Maccelli Post Office Box 8243

Fort Lauderdale, Florida 33310

J. K. Linnan, Executive Director Construction Industry Licensing Board

Post Office Box 2 Jacksonville, Florida 32201

Samuel Shorstein, Secretary Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 81-002988

Orders for Case No: 81-002988