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CONSTRUCTION INDUSTRY LICENSING BOARD vs WILLIAM LEETE STONE, IV, 96-005914 (1996)

Court: Division of Administrative Hearings, Florida Number: 96-005914 Visitors: 11
Petitioner: CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: WILLIAM LEETE STONE, IV
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Dec. 18, 1996
Status: Closed
Recommended Order on Tuesday, May 13, 1997.

Latest Update: Jul. 15, 2004
Summary: Contractor engaged in wrongdoing where business that he qualified failed to build sunroom addition for a customer and did not return the customer's deposit in accordance with civil judgment.
B13-9] Final Order No. BPR-97-07080 Date?-25-47 FILED Dept. of Business and Professional Regulation AGENCY CLERK Sarah Wachman, Agency, Clerk By: Ome. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 2. x DEPARTMENT OF BUSINESS AND AT PROFESSIONAL REGULATION, Petitioner, -VSs- CASE NO.:96-01466 DOAH CASE NO.:96-5914 LICENSE NO.: CB C019811 WILLIAM LEETE STONE, IV, . Smu-Cls Respondent. FINAL ORDER 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. There were no exceptions filed to the Recommended Order. 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. 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)(h)2., (j), (k} and (n), Florida Statutes. 4. There is clear and convincing evidence to support the Board's findings and conclusions, THEREFORE, IT IS ORDERED AND ADJUDGED: 1. Respondent shall pay to the Board an administrative fine in the amount of Two Thousand, One Hundred Dollars ($2,100), investigative costs in the amount of Nine Hundred, Eighty-One Dollars and Eighty-Four Cents ($981.84), and provide written proof satisfactory to the Board’s Executive Director of having paid restitution in accordance with Palm Beach County Court civil action MS-95-20062-RE to Gregory C. Turner and to the Construction Industries Recovery Fund to the extent of its subrogation interest. Said fine, costs and restitution shall be paid in thirty (30) days. To assure payment of the fine, costs and restitution, it is further ordered that all of Respondent's licensure to practice contracting shall be suspended with the imposition of the suspension being stayed for thirty (30) days. If the ordered fine, costs and restitution are paid within that thirty (30) day period, the suspension imposed shall not take effect. If the licensee does not pay the fine, costs and restitution, within the required period, then immediately upon expiration of the stay, he shall surrender his licensure to an investigator of the Department of Business and Professional Regulation or shall mail it to the Board office, at 7960 Arlington Expressway, Suite 300, Jacksonville, Florida 32211-7467. Upon payment of the fine, costs and restitution after the thirty (30) days, the suspension imposed shall be lifted; in no event shall Respondent resume use of Respondent's licensure under this provision until notified in writing by the Executive Director that said licensure has been restored to good standing. 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, interest, 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. DONE AND ORDERED this 622 day of Sepdenber, 1997. RICHARD PEPIN, Construction In Board stry Licensing CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to: William Leete Stone, IV, 3386 Poinsettia Avenue, Naples, FL 34104; William Leete Stone, IV, 14813 Randolph Court, Ft. Myers, FL 33905; 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 25th day of September , 1997. “VY }

Docket for Case No: 96-005914
Issue Date Proceedings
Jul. 15, 2004 Final Order filed.
May 13, 1997 Recommended Order sent out. CASE CLOSED. Hearing held 3/18/97.
May 05, 1997 Petitioner`s Proposed Recommended Order filed.
Mar. 18, 1997 Video Hearing Held; applicable time frames have been entered into the CTS calendaring system.
Mar. 18, 1997 (Petitioner) Exhibits (Filed by Fax) filed.
Mar. 17, 1997 Certified copy of construction records filed.
Mar. 10, 1997 Petitioner`s Filing of Exhibits; (Petitioner) Exhibits; Letter to SML from Gail Hoge (RE: enclosing copy of case law) filed.
Jan. 17, 1997 Notice of Hearing by Video Teleconference sent out. (Video Final Hearing set for 3/18/97; WPB & Tallahassee; 8:45am)
Jan. 08, 1997 Petitioner`s Response to Initial Order filed.
Dec. 24, 1996 Initial Order issued.
Dec. 18, 1996 Agency Referral Letter; Corrected Administrative Complaint; Election of Rights (filed via facsimile).

Orders for Case No: 96-005914
Issue Date Document Summary
Sep. 22, 1997 Agency Final Order
May 13, 1997 Recommended Order Contractor engaged in wrongdoing where business that he qualified failed to build sunroom addition for a customer and did not return the customer's deposit in accordance with civil judgment.
Source:  Florida - Division of Administrative Hearings

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