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CONSTRUCTION INDUSTRY LICENSING BOARD vs. REX ALANIZ, 84-001953 (1984)

Court: Division of Administrative Hearings, Florida Number: 84-001953 Visitors: 31
Judges: R. T. CARPENTER
Agency: Department of Business and Professional Regulation
Latest Update: Jan. 11, 1985
Summary: Roofing contractor convicted of Grand Theft, second degree, has license suspended for one year for violating Section 489.129, Florida Statutes.
84-1953

STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS


DEPARTMENT OF PROFESSIONAL ) REGULATION, CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1953

)

REX ALANIZ, )

)

Respondent. )

)


RECOMMENDED ORDER


This matter came on for hearing in Jacksonville, Florida, on August 10, 1984, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The appearances were:


APPEARANCES


For Petitioner: Charles F. Tunnicliff, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301


For Respondent: No appearance


This case arose on Petitioner's Administrative Complaint charging Respondent with theft of a rented asphalt kettle, and conviction of this offense in violation of Subsection 489.129(1)(b), Florida Statutes (F.S.).


FINDINGS OF FACT


  1. Respondent has been licensed as a registered roofing contractor at all times relevant to this proceeding. His license number is RC0042041.


  2. On August 30, 1982, Respondent contracted with the Julien P. Benjamin Equipment Company of Jacksonville, Florida, for the rental of an asphalt kettle. Respondent executed this contract in the name of his roofing and remodeling business.


  3. When Respondent failed to return the kettle or make rental payments, the equipment company filed a complaint with the State Attorney. Respondent subsequently entered a plea of guilty to the charge of Grand Theft, second degree, and was placed on 18 months probation, by order of the Duval County Circuit Court dated May 16, 1983.


  4. Respondent returned the kettle and paid the rental fees in March 1983.

    CONCLUSIONS OF LAW


  5. Section 489.129, F.S., provides in part:


    1. The board may revoke, suspend, or deny the issuance or renewal of the certificate or registration of a contractor or impose an administrative fine not to exceed $1,000, place the contractor on probation, reprimand or censure, a contractor if the contractor is found guilty of any of the following acts:

      * * *

      (b) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting.


  6. Respondent rented an asphalt kettle for use in his contracting business. He was convicted of the theft of this kettle in violation of the above provision.


RECOMMENDATION


Based on the foregoing, it is RECOMMENDED:


That Petitioner enter a Final Order suspending Respondent's roofing contractor's license for a period of one year.


DONE AND ENTERED this 24th day of August 1984 in Tallahassee, Florida.


R. T. CARPENTER 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 24th day of August 1984.


COPIES FURNISHED:


Charles F. Tunnicliff, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301


Mr. Rex Alaniz

23 Seatrout Street

Ponte Verde Beach, Florida 32082

James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2

Jacksonville, Florida 32202


Mr. Fred M. Roche, Secretary Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301


Docket for Case No: 84-001953
Issue Date Proceedings
Jan. 11, 1985 Final Order filed.
Aug. 24, 1984 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 84-001953
Issue Date Document Summary
Jan. 02, 1985 Agency Final Order
Aug. 24, 1984 Recommended Order Roofing contractor convicted of Grand Theft, second degree, has license suspended for one year for violating Section 489.129, Florida Statutes.
Source:  Florida - Division of Administrative Hearings

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