STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, CONSTRUCTION )

INDUSTRY LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 83-3426

)

CHARLES A. BIANCO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James W. Bradwell, held a public hearing in this case on April 25, 1984, 1/ in Dania, Florida.

APPEARANCES

For Petitioner: Douglas A. Shropshire, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Charles A. Bianco, pro se

Post Office Box 333 Dania, Florida 33004

ISSUE

The issue presented for decision herein is whether or not Respondent aided and abetted an unregistered person to evade the provisions of Chapter 489, Florida Statutes; knowingly combined or conspired with an uncertified or unregistered person by allowing his registration to be used in violation of Chapter 489, Florida Statutes, and engaged in the practice of contracting while his license was in an inactive status and thereafter abandoned a construction project in which he was engaged.

INTRODUCTION

Petitioner introduced five witnesses: Mr. George Goldschmidt, an investigator for the Department of Professional Regulation; Mr. Chet Lanzi; Mary Allen, an employee of the Hallandale Building Department; Nancy Binder and Respondent, Charles Bianco. Petitioner introduced four exhibits which were received into evidence at the hearing.

Respondent testified on his own behalf but presented no other witnesses. Respondent offered and the undersigned Hearing Officer received a letter from

the Venetian Park Homeowners Association addressed to the Hallandale Building Department.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact.

1. During times material, Respondent was a registered general contractor and held license number RG 0035788 issued by Petitioner, Florida Construction Industry Licensing Board. Respondent admitted, and it is found herein, that in January and February 1983 Respondent's license was delinquent and inactive due to his failure to renew same.

   
   

2. In January of 1983, Venetian Park Homeowners Association contracted with one Joseph Acampora to construct five walls at the Venetian Park Homeowners Condominium project for the sum of $7,500 (Petitioner's Exhibit 2). During the negotiations for the referenced contract, the Venetian Park Homeowners Association dealt solely with Joseph Acampora.

   
   

3. Acampora hired Chet Lanzi as a laborer on the job to construct the walls. The construction commenced to the point that the walls were erected but the plaster finish was not applied to any of the walls. At that point, Acampora abandoned the job. Acampora was paid $5,000 for his work to that point by the homeowners association. These checks were cashed by Acampora (Petitioner's Exhibit 3).

   
   

4. Acampora was not a licensed contractor and therefore could not obtain a permit from the Hallandale Building Department to construct the walls for the homeowners association as contracted. To overcome that hurdle, Acampora approached Respondent to obtain the permit for him from the Hallandale Building Department for a fee of $300. In furtherance of that agreement, Respondent applied to the City of Hallandale for the building permit and that permit was issued to Respondent to construct the walls for the homeowners association.

   
   

5. Respondent admitted that at the time he obtained the building permit for this project from the Hallandale Building Department, his contractor's license was delinquent and inactive due to his failure to renew the license upon its expiration.

   
   

6. During the hearing, Respondent admitted that a letter introduced by him from the homeowners association was, in fact, not truthful and that that letter was merely issued by the homeowners association to facilitate Acampora in having Respondent to obtain the building permit.

   
   

7. During the construction on this project by Mr. Lanzi, Respondent did not supervise Mr. Lanzi nor did Mr. Lanzi ever see Respondent on the job site. Additionally, Respondent admitted that he had no involvement in choosing or paying subcontractors or suppliers or otherwise furnishing laborers for the project.

   
   

8. The homeowners association hired an unrelated third contractor to complete the work contracted for by Acampora. This was brought about due to the fact that Acampora abandoned the project and Respondent failed to complete the project due to the fact that he was employed elsewhere and had neither the time or the resources with which to complete the project for Acampora.

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

   
   

10. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

11. The authority of the Petitioner, Florida Construction Industry Licensing Board, is derived from Chapter 489, Florida Statutes.

    
    

12. Respondent, a registered contractor, is subject to the disciplinary guides of Chapter 489, Florida Statutes.

    
    

13. Competent and substantial evidence was offered herein to establish that Respondent, by obtaining a building permit in his name during the period that his license was inactive and delinquent, violated Section 489.109(3), Florida Statutes.

    
    

14. Respondent by agreeing to and obtaining a permit from Joseph Acampora, an unlicensed contractor, for a fee of $300, amounts to a prohibited act consisting of the aiding, abetting, combining and conspiring with an unlicensed person to assist in the evasion of the provisions of Chapter 489, more particularly Sections 489.129(1)(e) and (f), Florida Statutes.

    
    

15. Respondent, by knowingly and voluntarily becoming contractor of record by obtaining the building permit for the Venetian Park Homeowners Association Project, and thereby abandoning that project, violated Section 489.129(1)(k), Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent's registered general contractor's license number RG 0035788 be suspended for a period of six (6) months and the Respondent pay to Petitioner an administrative fine of $500.

DONE AND ENTERED this 16th day of August 1984 in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 16th day of August 1984.

ENDNOTE

1/ The parties were afforded leave to submit post-hearing memoranda supportive of their respective positions. Petitioner's counsel has submitted a proposed recommended order which was considered by me in preparation of this Recommended Order. To the extent that the Petitioner's proposed findings, etc. were deemed either irrelevant, immaterial or not otherwise supported by record evidence.

COPIES FURNISHED:

Douglas Shropshire, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Charles A. Bianco Post Office Box 333 Dania, Florida 33004

James Linnan, Executive Director

Board of Construction Industry Licensing Board Department of Professional Regulation

Post Office Box 2 Jacksonville, Florida 32202

Docket for Case No: 83-003426

Orders for Case No: 83-003426