Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: EDWARD B. ROBINSON
Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Locations: Daytona Beach, Florida
Filed: Jul. 26, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 26, 2000.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs. Case No. 99-00406 .
00-30 <6
EDWARD B. ROBINSON,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing
Board, against EDWARD B. ROBINSON, ("Respondent"), and says:
| 1. Petitioner is the state agency charged with regulating the practice of contracting
pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes,
2. Respondent is, and has been at all times material hereto, a Certified Residential
Contractor, in the State of Florida, having been issued license number CRCO015130.
3. Respondent's last known address is 6530 South Atlantic Boulevard, New Smyma
1
Beach, Florida.
4, At all times material hereto, the Respondent was licensed to practice contracting
in his individual name.
5. At no time material hereto was the Respondent licensed to practice contracting as
Interstate Building and Design, Inc. .
6. On or around September 1996, Respondent, doing business as Interstate Building
and Design, Inc., contracted with David F. Meriwether to repair an existing deck and construct an
expansion on property located at 7041 Atlantic Avenue, New Smyrna Beach.
7. The contract price, including a change order, was $16,118.00.
8. , The contract between Respondent and Meriwether included construction of
additional structures to the Meriwether property.
9. Respondent only had authorization from the Department of Environmental
Protection to replace and repair existing structures.
10. Respondent misrepresented the scope of the project at the Meriwether property to
the Department of Environmental Protection, hereinafter known as “D.E.P.”,
11. Misrepresentation as to the nature of the contracting work on the Meriwether
property also resulted in a Stop Work Order by the Volusia County Building Department, issued
on January 2, 1997.
12, As aresult of Respondent’s construction, Meriwether was issued a warning letter
by the D.E.P.
13. Respondent continually told Meriwether that more paperwork was required to
continue the project, despite a letter to Respondent from the D.E.P. which stated that the scope of
2
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the permit could not be changed to accommodate new structures on the property.
14, On or around May 30, 1997, the D.E.P. told Respondent that he must have the
additional structures on the Meriwether property removed within thirty days.
15. Respondent ignored the D.E.P. and failed to remove the structures or inform
Meriwether of the mandate,
16. On or around August 26, 1997, the State of Florida D.E.P. issued a Final Order in
OGC Case Number 97-1255 against Meriwether, finding violations of environmental
regulations,
17. On or around March 13, 1998, Meriwether entered into a Consent Order with the
D.E.P. to remove the offending structures and pay a $2,000.00 administrative fine.
18. | Meriwether hired Kral] Construction to remove the offending structures for
$3,214.45, .
COUNT I
19. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through eighteen as though fully set forth in this Count I.
20. Based on the foregoing, the Respondent violated Section 489.129(1)(g), Florida
Statutes (1997), by acting in the capacity of a contractor under any certificate or registration
‘issued hereunder except in the name of the certificateholder or registrant as set forth on the
issued certificate or registration, or in accordance with the personnel of the certificateholder or
registrant as set forth in the application for the certificate or registration, or as later changed as
provided in this part.
COUNT II
21, Petitioner realleges and incorporates the allegations sét forth in paragraphs one
through eighteen as though fully set forth in this Count II.
22. Section 489.126(2)(a), Florida Statutes (1997), requires that a contractor apply for
permits as necessary to do the work within thirty (30) days after the payment is made, except
where the work does not require a permit under the applicable codes and ordinances.
23. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida
Statutes (1997), by failing in any material respect to comply with the provisions of this part or
violating a rule or lawful order of the Board.
_ COUNT II
24, Petitioner realleges and incorporates the allegations set forth in paragraphs one
through eighteen as though fully set forth in this Count III. |
25, Section 489.1425, Florida Statutes (1997), requires that any agreement or contract
for repair, restoration, improvement or construction for residential real property must contain a
written statement explaining the consumer’s rights under the Construction Industries Recovery
Fund, except where the value of all labor and materials does not exceed $2,500.00.
26. Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida
Statutes (1997), by failing in any material respect to comply with the provisions of this part or
violating a rule or lawful order of the Board.
COUNT IV
27. __ Petitioner realleges and incorporates the allegations set forth in paragraphs one
through eighteen as though fully set forth in this Count IV.
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28. Based on the foregoing, the Respondent violated Section 489.129(1)(n), Florida
Statutes (1997), by committing incompetency or misconduct in the practice of contracting.
COUNT V
29. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through eighteen as though fully set forth in this Count V.
30. Section 455.227(1)(a), F lorida Statutes, provides, in part, that disciplinary action
can be taken when misleading, deceptive, or fraudulent representations in or related to the _
practice of the licensee’s profession. .
31. Based on the foregoing, the Respondent violated Section 489.129 (1)(c), Florida ;
Statutes (1997), by violating any provision of Chapter 455.
WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing
Board enter an Order imposing one or more of the following penalties: place on probation,
reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or
registration, require financial restitution to a consumer, impose an administrative fine not to
exceed $5,000 per violation, require continuing education, assess costs associated with
investigation and prosecution, impose any or all penalties delineated within Section 455.227(2),
Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to
Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder.
Signed this 7/_—_dayof__—s var , 2000.
FILED
Department of Business and Professional Regulation Zo # Doud
DEPUTY CLERK
CATHLEEN E. O'DOWD
cure rand Michele LEAD CONSTRUCTION ATTORNEY
“12. (PCP) Marah 22, 2000
pate -18-A000 > Divisionz: Gene Simmons} Rul MCKidrios
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COUNSEL FOR DEPARTMENT:
Laurie B. Woodham
Assistant General Counsel
Fla, Bar No.: 0049549
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, FL 32399-2202
LBW/dd
Case # 99-00406
Docket for Case No: 00-003056PL
Issue Date |
Proceedings |
Sep. 26, 2000 |
Order Closing File issued. CASE CLOSED.
|
Sep. 21, 2000 |
Motion to Relinquish Jurisdiction without Prejudice (filed by Petitioner via facsimile).
|
Aug. 18, 2000 |
Order Re-Scheduling Hearing issued (hearing set for September 28, 2000; 10:00 a.m.; Daytona Beach, FL).
|
Aug. 15, 2000 |
Joint Response to Initial Order (filed via facsimile).
|
Aug. 14, 2000 |
Order of Pre-hearing Instructions issued.
|
Aug. 14, 2000 |
Notice of Hearing issued (hearing set for September 25, 2000; 10:00 a.m.; Daytona Beach, FL).
|
Jul. 31, 2000 |
Initial Order issued. |
Jul. 26, 2000 |
Election of Rights filed.
|
Jul. 26, 2000 |
Administrative Complaint filed.
|
Jul. 26, 2000 |
Agency referral filed.
|