STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 87-1520

)

NORMAN BROUSSEAU, )

)

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 September 23, 1987 in Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Gus Vincent Soto and

David Swanson, Esquires

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Not present 1/

ISSUE PRESENTED

The issue presented for decision herein is whether or not Respondent engaged in conduct, set forth hereinafter in detail, which amount to wilful or deliberate violation of local law and thereafter abandoned a construction project without just cause, prior to completion.

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 make the following relevant factual findings.

1. The Petitioner, Department of Professional Regulation, is the state agency charged with regulating the practice of contracting.

   
   

2. Respondent is, and has been at all time material hereto, a registered general contractor having been issued license number RG 0006192.

   
   

3. On July 15, 1985, Respondent contracted with Mr. and Mrs. Louis Mara to renovate a garage at the Mara home in Hollywood, Florida for a price of $3,000. (Petitioner's Exhibit 2).

4. Respondent was given, prior to commencement of the job, a $2,000 deposit.

   
   

5. Respondent commenced performing the Mara job in Hollywood without first obtaining a building permit.

   
   

6. About one month after Respondent commenced completion of the Mara's project, he left the project having completed less than 20% of the work he contracted to perform. Respondent has not returned to the Mara's project in more than two years despite the Mara's plea that he return to complete the work.

   
   

7. A review of the official records for the City of Hollywood reveals that Respondent did not obtain any permit to complete the garage renovation for Mr. and Mrs. Louis Mara.

   
   

8. Pursuant to Chapter 71-575, Laws of Florida, special acts of 1971, the City of Hollywood has adopted the South Florida Building Code, as revised from time to time, as the building code for the City of Hollywood and its regulations governed the construction, maintenance, repair and condemnation of buildings for the City of Hollywood. (Ordinance #0-71-158, Section 1, 12 22-71 Petitioner's Exhibit 6).

   
   

9. As noted, Respondent, or a representative on his behalf, did not appear at the hearing to contest or otherwise refute the allegations contained in the Administrative Complaint filed herein.

   
   

   CONCLUSIONS OF LAW

   
   

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

    
    

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

    
    

12. Chapter 3, section 301 of the South Florida Building Code provides in pertinent part that it shall be unlawful to construct, enlarge, alter, repair, move, remove or demolish any building, structure or any part thereof. . . without first having filed application and obtained a permit. . . . The only exception which is inapplicable here relates to the general maintenance or repairs which do not exceed $800 in labor and materials. Since the contract price for the project involved here is $3,000, a permit was required.

    
    

13. Respondent, by failing to obtain a permit to renovate the garage at the Mara home, engaged in a wilful or deliberate violation of local law within the purview of Subsection 489.129(1)(d), Florida Statutes.

    
    

14. Respondent, by leaving the Mara job at a time when his progress had reached the stage of approximately 20% and he had collected approximately two- thirds of the funds due for completion of this project and having failed to return to the project despite requests from the Maras that he do so, thereby abandoned the Mara job and such conduct amounts to an abandonment within the purview of Subsection 489.129(1)(k), Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That Respondent's license number RG 0006192 as a registered general contractor be REVOKED.

DONE and ORDERED this 28th day of January, 1988, in Tallahassee, Florida.

JAMES E. BRADWELL

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 28th day of January, 1988.

ENDNOTE

1/ Although noticed, the Respondent, and or a representative on his behalf, did not appear at the hearing.

COPIES FURNISHED:

G. Vincent Soto, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Mr. Norman Brousseau 605 North 62nd Avenue

Hollywood, Florida 33024

Fred Seely, Executive Director Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Tom Gallagher, Secretary Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

William O'Neil General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 87-001520

Orders for Case No: 87-001520