STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 87-2847

)

RICHARD ORMANDY, )

)

Respondent. )

)

RECOMMENDED ORDER

Final hearing was held in this action on November 12, 1987, in Orlando, Florida, before Mary Clark, Hearing Officer of the Division of Administrative Hearings.

The parties were represented as follows:

For Petitioner: Lee Sims, Esquire

W. Douglas Beason, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

For Respondent: Richard Ormandy, representing himself 117-D Georgetown Lane

Casselberry, Florida 32707 BACKGROUND AND PROCEDURAL MATTERS

The Administrative Complaint filed March 4, 1987, alleges that Richard Ormandy violated subsection 489.129(1)(i), F.S., when he was disciplined by the Seminole County Building Contractors Licensing Board.

At the hearing, the Department (DPR) presented the testimony of Joel Dean, Director of the Seminole County Building Department, and submitted nine exhibits Mr. Ormandy testified in his own behalf and submitted two exhibits. His third exhibit, a photocopy of a photograph, was rejected for lack of authentication and because of its poor quality.

Mr. Ormandy voluntarily responded to DPR's request to admit certain licensing information.

A transcript was prepared after the hearing and DPR submitted a Proposed Recommended Order. The findings of fact proposed by DPR are substantially adopted here.

ISSUE

The issue for determination is whether Respondent, Richard Ormandy, committed the alleged violation and, if so, what discipline by the state board is appropriate.

FINDINGS OF FACT

1. Richard Ormandy is now, and has been for all relevant periods, a certified building contractor in the State of Florida. His license number is CB C016275.

   
   

2. Joel Dean is the Seminole County Building Official and an ex officio member of the Seminole County Building Contractor's Licensing Board.

   
   

   In June 1986, in response to a complaint, Mr. Dean and his deputy inspected a residence at 2420 Jennifer Hope Blvd. in Longwood, Florida. The owners, Mr. and Mrs. Harvey Wagner, claimed that their new home had serious leaks, water damage and a "bouncy floor".

   
   

   The building inspectors thoroughly examined the house and found numerous defects. Those included improper installation of roofing, flashing and ridge vents, a leaking bathroom window, improperly spaced joists and over-spanned floor joists, and over-spanned plywood flooring.

   
   

3. Richard Ormandy built this house as contractor for Strathclyde Homes, the developer. The new home was vacant for at least a year before it was purchased by the Wagners.

   
   

4. Joel Dean attempted unsuccessfully to contact Ormandy through Strathclyde Homes and through certified letters. Ormandy was going through a divorce and would not accept his mail.

   
   

   A hearing was scheduled before the Seminole County Building Contractors Board on November 5, 1986. Ormandy appeared at the hearing and asserted that he had corrected the code violations and that the Wagners had promised to appear at the meeting. The item was continued until the Board's December meeting.

   
   

5. Ormandy failed to appear at the December meeting, and his contractor's license for the unincorporated areas of Seminole County was revoked.

   
   

6. Ormandy claims that his nonappearance at the December meeting was due to illness, but he did not call in advance and seek a further continuance.

   
   

   He also claims that the flashing and roofing problems were due to wind damage when the house was vacant. He corrected the code violations in the floor joists and argued, unconvincingly, that someone had moved those joists.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this action. Section 120.57(1) F.S. and Section 455.225(4)F.S.

   
   

8. Section 489.129(1)(i) F.S provides that the Construction Industry Licensing Board may take its own disciplinary action when a contractor is the

   subject of disciplinary action by a municipality or county. That same section requires the state board to review the local action before imposing its own discipline.

   
   

9. The fact of the Seminole County license revocation is not in dispute. The basis for that revocation is in dispute and it is necessary to review that basis in order to make a recommendation to the board.

   
   

   As suggested by Respondent Ormandy, some of the defects in the Wagner house could have been the result of wind damage and neglect due to its vacancy. This is not a reasonable explanation for all the defects, most notably the code violations in the flooring.

   
   

   DPR proved by clear and convincing evidence that Ormandy was negligent in his construction of this residence. As contractor, he was responsible for the supervision of the job. Subsection 489.105(3) F.S.

   
   

10. There is no evidence on this case of prior violations by the licensee. Nor is there competent evidence of monetary or other harm to the customer. The recommended penalty is, therefore, within the normal range suggested by the Board's disciplinary guidelines found in Rule 21E-17.001 F.A.C.

RECOMMENDATION

Based upon the foregoing, it is hereby, RECOMMENDED:

That Richard Ormandy be found guilty of violating subsection 489.129(1)(i)

F.S. and that the Board impose a fine of $750.00.

DONE and RECOMMENDED this 15th day of January, 1988 in Tallahassee, Florida.

MARY CLARK

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 15th day of January, 1988.

COPIES FURNISHED:

LEE SIMS, ESQUIRE

W. DOUGLAS BEASON, ESQUIRE

DEPARTMENT OF PROFESSIONAL REGULATION

130 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-0750

RICHARD ORMANDY

117-D GEORGETOWN LANE CASSELBERRY, FLORIDA 32707

FRED SEELY, EXECUTIVE DIRECTOR CONSTRUCTION INDUSTRY LICENSING BOARD DEPARTMENT OF PROFESSIONAL REGULATION POST OFFICE BOX 2

JACKSONVILLE, FLORIDA 32201

WILLIAM O'NEIL, ESQUIRE GENERAL COUNSEL

DEPARTMENT OF PROFESSIONAL REGULATION

130 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-0750

Docket for Case No: 87-002847

Orders for Case No: 87-002847