Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: WILLIAM D. JANAS
Judges: SUZANNE F. HOOD
Agency: Department of Business and Professional Regulation
Locations: Panama City, Florida
Filed: Mar. 29, 2001
Status: Closed
Recommended Order on Tuesday, July 17, 2001.
Latest Update: Nov. 08, 2001
Summary: Clear and convincing evidence indicates that Respondent contracted to perform construction work in a jurisdiction in which he was not licensed and failed to return unearned portion of down payment for said construction work.
ane)
Final Order No. BPR-2001-04619 Date: | |- 6 ” 200!
FILED ;
ment of Business and Professional Regulation
AGENCY CLERK
Sarah Wachman, Agency Clerk
Depart
By:
STATE OF FLORIDA
CONSTRUCTION INDUSTRY LICENSING BOARD
AY
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
SEAN-ClS
Petitioner,
-vs- CASE NO.: 98-13006
DOAH CASE NO.: 01-1203PL
LICENSE NO.: RB 0066544
WILLIAM DENNIS JANAS,
Respondent.
FINAL ORDER
THIS MATTER came before the Construction Industry Licensing Board (hereinafter
referred to as the “Board”) pursuant to Section 120.57(1}(I), F.S., on October 11, 2001, in
Fort Lauderdale, 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 Robert A. Crabill, Esq.
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.
CONCLUSIONS OF LAW
1. The Board has jurisdiction of this matter pursuant to the provisions of Section
420.57(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 489.1 29(1)(j) 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:
Respondent shall pay an administrative fine in the amount of One Thousand Dollars
($1,000.00}, and costs in the amount of One Thousand Fifty-Seven Dollars and Twenty-
Seven Cents ($1,057.27) to the Board, and restitution in the amount of Two Thousand
Two Hundred Dollars ($2,200.00) to Ralph Springer. Said fine, costs and restitution shall
be paid within thirty (30) days after the date of filing of the Final Order.
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 of the date of filing of the Final Order. If
the ordered fine, costs and restitution are paid within that thirty (30) day period, the
suspension imposed shall not take effect. Upon payment of the fine, costs and restitution
after the thirty (30) days, the suspension imposed shall be lifted. If the licensee does not
pay the fine, costs and restitution within said period, then immediately upon expiration of
the stay, he shall surrender his licensure to the investigator of the Department of Business
and Professional Regulation or shall mail it to the Board office at 1940 N. Monroe Avenue,
Tallahassee, Florida 32399-1039.
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 an original 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 5" day of _ Nevember , 2001.
Ss. SW
SUSAN STOKES, Chair
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: William Dennis Janas, 105 Peacock Run, Beaufort, South
Carolina 29906; to Suzanne F. Hood, Administrative Law Judge, Division of Administrative
Hearings, The De Soto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-
3060; by hand delivery/United States Mail to the Construction industry Licensing Board,
1940 N. Monroe Street, Tallahassee, Florida 32399-1039, and to Robert A. Crabill, Esq.,
Lead Construction Attorney, Office of the General Counsel, 1940 North Monroe Street,
Suite 60, Tallahassee Florida 32399, on or before 5:00 p.m., this us day of
Mdevember , 2001.
ae
Docket for Case No: 01-001203PL
Issue Date |
Proceedings |
Nov. 08, 2001 |
Final Order filed.
|
Jul. 17, 2001 |
Recommended Order issued (hearing held June 7, 2001) CASE CLOSED.
|
Jul. 17, 2001 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Jun. 29, 2001 |
Petitioner`s Proposed Recommended Order (filed via facsimile).
|
Jun. 20, 2001 |
Transcript filed. |
Jun. 07, 2001 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
May 30, 2001 |
Petitioner`s Witness List (filed via facsimile).
|
Apr. 27, 2001 |
Order of Pre-hearing Instructions issued.
|
Apr. 27, 2001 |
Notice of Hearing issued (hearing set for June 7, 2001; 9:30 a.m.; Panama City, FL).
|
Apr. 19, 2001 |
Petitioner`s Unilateral Response to Initial Order (filed via facsimile).
|
Apr. 06, 2001 |
Initial Order issued.
|
Mar. 30, 2001 |
Initial Order issued.
|
Mar. 29, 2001 |
Letter to S. Stewart from W. Janas regarding complaint made by R. Springer filed.
|
Mar. 29, 2001 |
Election of Rights filed.
|
Mar. 29, 2001 |
Administrative Complaint filed.
|
Mar. 29, 2001 |
Agency referral filed.
|
Orders for Case No: 01-001203PL
Issue Date |
Document |
Summary |
Nov. 05, 2001 |
Agency Final Order
|
|
Jul. 17, 2001 |
Recommended Order
|
Clear and convincing evidence indicates that Respondent contracted to perform construction work in a jurisdiction in which he was not licensed and failed to return unearned portion of down payment for said construction work.
|