Judges: WILLIAM B. THOMAS
Agency: Department of Business and Professional Regulation
Latest Update: Jun. 07, 1983
Summary: Respondent should be given administrative fine for failing to register company and aiding unlicensed practice of contracting.
82-1346STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL )
REGULATION, CONSTRUCTION )
INDUSTRY LICENSING BOARD, )
)
Petitioner, )
)
vs. ) CASE NO. 82-1346
)
JACK KAYLAN LITTLE, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, WILLIAM B. THOMAS, held a formal hearing in this case on November 18, 1982, in Orlando, Florida. The transcript was filed on December 6, 1982, and the parties were allowed 15 days thereafter to submit proposed findings of fact and conclusions of law. The time for issuance of this Recommended Order was extended to January 20, 1983, by stipulation of the parties.
Proposed findings and conclusions have been filed by the Petitioner, and these have been largely adopted. Nothing was received from the Respondent.
APPEARANCES
For Petitioner: John O. Williams, Esquire
547 North Monroe Street, Suite 204 Tallahassee, Florida 32301
For Respondent: Jack R. Leonard, Esquire
800 North Highland Avenue, Suite 103
Orlando, Florida 32803
By Administrative Complaint issued on March 23, 1982, the Respondent, Jack Kaylan Little was charged with violation of Section 468.112(2)(b), Florida Statutes (Supp. 1978), now Section 489.129(1)(e), Florida Statutes (1981), in that he aided or abetted an unlicensed person to evade the provisions of the contracting license law.
The Respondent also was charged with violation of Section 468.112(2)(c), Florida Statutes (Supp. 1978), now Section 489.129(1)(f), Florida Statutes (1981), in that he knowingly combined or conspired with an unlicensed person with intent to evade the provisions of the contracting license law.
The Petitioner also charged the Respondent with violation of Section 468.112(2)(d), Florida Statutes (Supp. 1978), now Section 489.129(1)(g), Florida Statutes (1981), in that he acted in the capacity of a contractor under a name other than as certified.
Finally, the Complaint charged the Respondent with violation of Section 468.112(2)(g), to wit: Section 468.107(2) and (3), Florida Statutes (Supp. 1978), now Section 489.129(1)(j), to wit: Section 489.119(2) and (3), Florida Statutes (1981), in that he failed to properly qualify the company under which he was doing business.
In support of the allegations in the Administrative Complaint, the Petitioner presented the testimony of the Respondent's father, Jack Little, Sr., and one of the Respondent'S customers, Joyce Leach. The Respondent testified in his own behalf, and presented the testimony of a company employee, Eugenia Thomas, and one exhibit which was received in evidence.
FINDINGS OF FACT
Based upon all the evidence and the observed candor and demeanor of the witnesses, the following are found as facts:
The Respondent, Jack Kaylan Little, is a certified building contractor, having been issued license number CB C012829. During the time period relevant to this proceeding, the Respondent was the qualifier for A & J Builders, Inc.
In 1979 Jack Little, Sr., the Respondent's father, was doing business as Little Jack Homes, Inc., in Orange County, Florida, and he was the qualifier for Little Jack Homes, Inc.
On March 26, 1979, Jack Little, Sr., entered into a contract with Thomas and Joyce Leach to construct a residence for them in Osceola County, Florida, for the sum of $39,000.
Neither Jack Little, Sr., the Respondent's father, nor Little Jack Homes, Inc., the father's company, were properly licensed to perform construction in Osceola County.
Jack Little, Sr., subcontracted the construction of the Leach residence in Osceola County to the Respondent, because the Respondent was licensed there and his father was not.
The Respondent was aware that his father was not licensed outside of Orange County, and they agreed that the Respondent would obtain the building permits needed to perform construction whenever the father obtained contracts for construction outside of Orange County.
The Respondent agreed to perform the construction of the Leach residence pursuant to the agreement between himself and his father.
On May 30, 1979, the Respondent obtained Osceola County building permit number 1102-79(b) to perform the construction of the Leach residence.
The Respondent actually performed the construction of the Leach residence using the business entity A & J Builders, Inc., which he qualified during this time period, and which he continues to qualify.
At no time relevant to the construction of the Leach residence by the Respondent for his father was the Respondent an officer, director or stockholder of his father's company, nor did the Respondent have any active participation in the operations, management or control of his father's company.
Other occasions when the Respondent performed a similar function for his father were alluded to, but insufficient evidence was presented to support a finding of fact that there was more than a single occurrence of this nature.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.
The Construction Industry Licensing Board is charged with carrying out the provisions of Chapter 489, Florida Statutes. Part I of this Act sets the standards for licensure in the field of construction contracting and provides for disciplinary proceedings when the prescribed standards have been violated. Pursuant to Section 468.112(2)(b), Florida Statutes (Supp. 1978), now Section 489.129(1)(e), Florida Statutes (1981), the Board is authorized to revoke or suspend the certificate or registration of a contractor, or to impose an administrative fine not exceeding $1,000, or other sanctions, if a contractor is found guilty of aiding or abetting an unlicensed person to evade the provisions of the contracting license law.
Section 468.112(2)(c), Florida Statutes (Supp. 1978), now Section 489.129(1)(f), Florida Statutes (1981), authorizes the above penalties upon proof that a contractor knowingly combined or conspired with an uncertified or unregistered person by allowing his certificate or registration to be used by any uncertified or unregistered person with intent to evade the provisions of the Act.
Section 468.112(2)(d), Florida Statutes (Supp. 1978), now Section 489.129(1)(g), Florida Statutes (1981), authorizes the above penalties upon proof that a contractor acted in the capacity of a contractor under a name other than as certified or registered.
Section 468.112(2)(g), to wit: Section 468.107(2) and (3), Florida Statutes (Supp. 1978), now Section 489.129(1)(j), to wit: Section 489.119(2) and (3), Florida Statutes (1981), authorizes the above penalties upon proof that a contractor failed to properly qualify a company.
The Respondent could have qualified his father's company when he took on the construction of the Leach residence for his father, but he was not aware that he could do this. Instead, knowing that his father was unlicensed in Osceola County, he agreed to pull the building permit for the Leach residence, and performed the construction as A & J Builders Inc. This indicates that the Respondent made a knowing and intelligent decision to evade the contracting license law or to aid his father to evade it.
When the Respondent and his father agreed that the Respondent would pull the building permits for his father on construction contracts to be performed outside of Orange County, the Respondent knowingly combined with an unregistered person to allow his certificate to be used by and unregistered person with intent to evade the provisions of Chapter 489, Florida Statutes.
When the Respondent undertook to pull the building permit and to build the Leach residence in Osceola County for his father, the Respondent acted in the capacity of a contractor under a name other than as registered.
The failure of the Respondent to qualify his father's company, for which he performed the construction of the Leach residence in Osceola County, constitutes a further violation of the contracting license law in connection with the contract to build the Leach residence.
Nevertheless, the fact that the Respondent was dealing with his father should be taken into consideration in assessing the penalty, as should the absence of any specific evidence that there was more than one violation of the licensing law.
RECOMMENDATION
From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent, Jack Kaylan Little, be found guilty of one
violation of Section 489.129(1)(e) Florida Statutes, one violation of Section 489.129(1)(f), one violation of Section 489.129(1)(g), and one violation of Section 489.129(1)(j), Florida Statutes, and that there be imposed on him an administrative fine of $250.00 for each of the four violations, totaling $1,000.
THIS RECOMMENDED ORDER entered on this 20th day of January, 1983, in Tallahassee, Florida.
WILLIAM B. THOMAS, 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 20th day of January, 1983.
COPIES FURNISHED:
John O. Williams, Esquire Suite 204
547 North Monroe Street Tallahassee, Florida 32301
Jack R. Leonard, Esquire Suite 103
800 North Highland Avenue Orlando, Florida 32803
Fred Roche, Secretary Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
James Linnan, Executive Director Construction Industry Licensing
Board
Department of Professional Regulation
Post Office Box 2 Jacksonville, Florida 32202
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
DEPARTMENT OF PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING
DEPARTMENT OF PROFESSIONAL REGULATION,
Petitioner.
vs. DOAH CASE NO. 82-1346
JACK KAYLAN LITTLE
A & J Builders, Inc. 6522 La Jolla Street Orlando, Florida 32808
/
ORDER
Respondent, Jack Kayland Little, holds Florida license no. CB C012829 as a certified building contractor. Petitioner filed an Administrative Complaint seeking suspension, revocation, or other disciplinary action against the license.
Respondent requested a formal hearing and one was held before the Division of Administrative Hearings. A Recommended Order has been forwarded to the Board pursuant to s120.57(1), F.S.; it is attached to and made a part of this Order.
The Construction Industry licensing Board met on May 12, 1983 in Miami, Florida to take final agency action. The Petitioner was represented by Edward Hill, Esquire. The Respondent was not represented. The Board has reviewed the entire record in the case.
The Board adopts the Findings of Fact and Conclusions of Law of the Recommended Order.
The Respondent has violated Section 489.129 subparagraphs (e)(f)(g) and (j). It is, therefore ORDERED that the Respondent pay a fine of Seven Hundred and Fifty Dollars.
DONE and ORDERED in Jacksonville, Florida this 2nd day of June, 1983.
FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
Docket for Case No: 82-001346
Orders for Case No: 82-001346
| Issue Date |
Document |
Summary |
|
Jun. 02, 1983 |
Agency Final Order
|
|
|
Jan. 20, 1983 |
Recommended Order
|
Respondent should be given administrative fine for failing to register company and aiding unlicensed practice of contracting.
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