Petitioner: CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: LOUIS ROTH
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Hollywood, Florida
Filed: Sep. 27, 1996
Status: Closed
Recommended Order on Friday, May 23, 1997.
Latest Update: Jul. 15, 2004
Summary: Whether the Respondent, a licensed general contractor, committed the offenses alleged in the three administrative complaints and the penalties, if any, that should be imposed. Contractor abandoned project, mismanaged funds, and committed misconduct.
5-29-47]
Final Order No. BPR-97-07079 Date 9-25-97
FILED
Dept. of Business and Professional Regulation
AGENCY CLERK
Sarah Wachman, Agency Clerk
By: A
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
Go
DEPARTMENT OF BUSINESS AND De EY : -
PROFESSIONAL REGULATION, ~ US as
A } BAS s QO
Petitioner, Ae Y
BE. A
-vs- CASE NO.: 93-13493 Zn)
93-16494 on
93-22820 SAL.
DOAH CASE NO.:96-4582, CHILD
96-4581
96-4580
LICENSE NO.: CG C010162
LOUIS ROTH,
Respondent.
FINAL ER
THIS MATTER came before the Construction Industry Licensing Board (hereinafter
referred to as the “Board”) pursuant to Section 120.57(1}{j), F.S., on August 14, 1997, in
Orlando, Florida, for consideration of the Recommended Order (a copy of which is attached
hereto and incorporated herein by reference) issued by the Administrative Law Judge in the
above styled case. The Petitioner was represented by Cate O’Dowd. The Respondent was
not present, nor was he represented by counsel at the Board meeting.
Upon consideration of the Administrative Law Judge’s Recommended Order and the
arguments of the parties and after a review of the complete record in this matter, the Board
makes the following findings:
FINDINGS OF FACT
1. The Administrative Law Judge’s Findings of Fact are hereby approved and
adopted and incorporated herein by reference.
2. There is clear and convincing evidence to support the Administrative Law
Judge’s Findings of Fact.
3. The Respondent’s exceptions to the Administrative Law Judge’s Findings of Fact
are hereby rejected.
CONCLUSIONS OF LAW
1. The Board has jurisdiction of this matter pursuant to the provisions of Section
120.57(1), and Chapter 489, Florida Statutes.
2. The Administrative Law Judge’s Conclusions of Law, are hereby approved and
adopted in toto and incorporated herein by reference.
3. Respondent is guilty of violating Sections 489.129(1)(d), (h), (k), (n), and (p),
Florida Statutes.
4. There is clear and convincing evidence to support the Board’s findings and
conclusions.
5. The Respondent's exceptions to the Administrative Law Judge’s Conclusions of
Law are hereby rejected.
THEREFORE, IT IS ORDERED AND ADJUDGED:
1. Count Ill of Case Number 93-22820 is hereby DISMISSED.
2. Respondent's licensure to practice contracting is hereby SUSPENDED for two (2)
years. Since the Respondent’s license is currently suspended, this suspension will not
begin to run until after the Respondent complies with the final order in case Number 93-
22535.
3. The Respondent is hereby ordered to pay to the Construction Industry Licensing
Board an administrative fine of Five Thousand Dollars ($5,000 ) within thirty (30) days.
In addition, the Respondent will be required to pay interest on fines due to the Board:
at arate of 18% per annum, beginning on the thirty-first (31st) day after the issuance of
the final order.
A change in your licensure status, including the suspension, revocation, voluntary
relinquishment, or involuntary relinquishment of your license does not relieve you of your
obligation to pay any fines, costs, interests or restitution imposed in this order.
Pursuant to Section 120.68, Florida Statutes, the Parties are hereby notified that
they may appeal this Order by filing one copy of a Notice of Appeal with the Clerk of The
Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe
Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the
Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective
date of this Order.
This Order shall become effective upon filing with the clerk of the Department of
Business and Professional Regulation.
wh J
DONE AND ORDERED this a4 day of > 1997,
RICHARD PEPIN fChair
Construction Industry Licensing
Board
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been
provided by U.S. Mail to:
Louis Roth, 3752 N.E. 199th Street, North Miami Beach, FL 33180;
Louis Roth, 347 Virginia Street, Hollywood, FL 33020;
and to Stuart F. Wilson-Patton, Assistant Attorney General, Office of the Attorney General, PL-
01, The Capitol, Tallahassee, Florida 32399-1050 and by hand delivery/United States Mail to the
Board Clerk, Department of Business and Professional Regulation and its counsel, Northwood
Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-0792, on or before 5:00 p.m., this
D5 th day of S tembe , 1997.
Priarda site
Docket for Case No: 96-004582
Issue Date |
Proceedings |
Jul. 15, 2004 |
Final Order filed.
|
Jun. 09, 1997 |
Respondent`s Exceptions to Recommended Order filed. |
May 23, 1997 |
Recommended Order sent out. CASE CLOSED. Hearing held 01/28/97.
|
May 23, 1997 |
Recommended Order sent out. CASE CLOSED. Hearing held 01/28/97.
|
Apr. 17, 1997 |
Respondent`s Proposed Recommended Order filed. |
Apr. 17, 1997 |
Proposed Recommended Order of Petitioner (filed via facsimile). |
Mar. 31, 1997 |
Order Granting Motion for Extension of Time sent out. (Petitioner to file status report by 4/11/97) |
Mar. 25, 1997 |
(Petitioner) Motion for Extension of Time (filed via facsimile). |
Mar. 04, 1997 |
Transcript filed. |
Jan. 28, 1997 |
CASE STATUS: Hearing Held. |
Jan. 21, 1997 |
Respondent`s Response to Petitioner`s Request for Admissions (for Case no. 96-4582); Respondent`s Response to Petitioner`s Request for Admissions (for Case no. 96-4581) filed. |
Jan. 21, 1997 |
(From R. McNeely) Notice of Appearance; Respondent`s Response to Petitioner`s Request for Production of Documents; Respondent`s Notice of Service of Answers to Petitioner`s Interrogatories; Interrogatories; Respondent`s Response to Petitioner`s Request |
Jan. 21, 1997 |
Respondent`s Response to Petitioner`s Request for Production of Documents; Respondent`s Notice of Service of Answers to Petitioner`s Interrogatories; Interrogatories (for Case no. 96-4581) filed. |
Jan. 21, 1997 |
Respondent`s Response to Petitioner`s Request for Production of Documents; Respondent`s Notice of Service of Answers to Petitioner`s Interrogatories; Interrogatories (for Case no. 96-4582) filed. |
Nov. 18, 1996 |
Notice of Serving Petitioner`s First Set of Request for Admissions, Request for Production of Documents, and Interrogatories to Respondent;Petitioner`s First Request for Admissions; Interrogatories (for Case no. 96-4582) filed. |
Nov. 07, 1996 |
Notice Serving Petitioner`s First Set of Request for Admissions, Request for Production of Documents, and Interrogatories to Respondent; Petitioner`s First Request for Admissions (for Case no. 96-4581) filed. |
Oct. 24, 1996 |
Notice of Hearing sent out. (hearing set for 1/28/97; 10:00am; Miami) |
Oct. 24, 1996 |
Order of Consolidation sent out. (Consolidated cases are: 96-4580, 96-4581 & 96-4582) |
Oct. 21, 1996 |
(Petitioner) Response to Initial Order (filed via facsimile). |
Oct. 09, 1996 |
Initial Order issued. |
Sep. 27, 1996 |
Agency referral letter from J. Williams; Administrative Complaint; Election of Rights filed. |
Orders for Case No: 96-004582