STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 76-2111

) General Contractor's

1. BERT JONES, ) License No. C GC007323

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice a hearing was held in this cause at the Host International Hotel, Polk Room, Tampa International Airport, Tampa, Florida, at 2:00 P.M. on February 10, 1977, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.

   
   

   APPEARANCES

   
   

   For Petitioner: Barry Sinoff, Esquire

   1010 Blackstone Building

   Jacksonville, Florida 32202 For Respondent: W. Bert Jones

   ISSUE

   
   

   Whether the certified general contractor's license of W. Bert Jones should be revoked.

   
   

   FINDINGS OF FACT

   
   

   1. By an Administrative Complaint filed October 27, 1976, the Florida Construction Industry Licensing Board sought to revoke the general contractor's license of W. Bert Jones alleging that the Respondent contractor entered into a contract with Mrs. Barbara Loewe to renovate her home and to add a room onto the back of the house; that the Respondent contractor was paid in full the contract price but the job was not completed and there were numerous building code violations. Respondent requested an administrative hearing.

      
      

   2. Pursuant to written agreements entered into between the Respondent and Mrs. Barbara Loewe of Tampa, Florida, Respondent agreed to renovate Mrs. Loewe's home and to add a room onto the back of the house. Mrs. Loewe, either by paying the Respondent directly or paying material suppliers, paid the full contract price. In June or July of 1975 the Respondent left the job contracted for partially or wholly incompleted as follows: the ceiling of the kitchen and drywall were in complete and the kitchen was not painted; the guest bathroom was not trimmed; two back rooms were incomplete. Inasmuch as the ceiling was left undone, it was not trimmed, the drywall was incomplete, the doorways were left

      uninstalled, and the paneling was incomplete; the bathroom had no toilet, no sink and no trim on the tub; in the master bedroom the ceiling was left sagging, there was no insulation in ceiling or walls, the door was untrimmed, siding was left partially undone and the windows weren't trimmed; holes were left unrepaired around the pipes in the home.

      
      

   3. The sum of Five Thousand Dollars ($5,000) was paid by St. Paul Fire and Marine Insurance Company in full settlement of the claims arising under the general contractor's bond. Additional money, approximately Thirty-Five Hundred Dollars ($3,500), was spent by Mrs. Loewe in addition to the Five Thousand Dollars ($5,000.00) received from the bonding company in order to complete the jobs contracted for. Although there were minimum changes In the job as originally contracted for, work is still going on to complete the original work contracted for by the Respondent.

      
      

   4. The building inspector for the City of Tampa Building Bureau, Tom Burgoyme, inspected the job site on several occasions during the progress on the work contracted for between Mrs. Loewe and the Respondent. He found building code violations and submitted a list of corrections to the Respondent, Mr. Jones, which were not remedied.

      
      

   5. A number of problems arose during the construction work, some of which was not the fault of the Respondent. Another contractor was involved in the work on the project.

      
      

   6. Funds in excess of the purchase price were paid to the Respondent and funds in excess of Eighty-Five Hundred Dollars ($8,500) were needed or will be needed to complete the project.

      
      

      CONCLUSIONS OF LAW

      
      

   7. Section 468.112, Revocation or suspension of certificate or registration provides as follows:

      
      

      The board may take appropriate disciplinary action if the contractor is

      found to be guilty or has committed any one or more of the acts or omissions constitut- ing cause for disciplinary action set out herein or adopted as rules or regulations by the board.

      1. The following acts constitute cause for disciplinary action:

         1. Willful or deliberate disregard and violation of the applicable building codes or laws of the state or any municipalities1 cities or counties thereof.

            * * *

            (e) Diversion of funds or property received for prosecution or completion of a specified construction project or operation where as a result of the diversion the con- tractor is or will be unable to fulfill the terms of his obligation or contract."

            
            

   8. Funds in excess of the purchase price were paid to the Respondent, W. Bert Jones, and funds in excess of Eighty-Five Hundred Dollars ($8,500) were

needed or will be needed to complete the project contracted for. The funds paid Respondent were not used for the purpose for which they were provided and leads to the presumption that they had been diverted, misappropriated or grossly misused by the Respondent. The actions of the Respondent constitute a breach of the foregoing statute.

RECOMMENDATION

Revoke the general contractor's license of Respondent, Number C GC007323. DONE and ORDERED this 7th day of April, 1977, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

J. K. Linnan Executive Director

Florida Construction Industry Licensing Board

Post Office Box 8621 Jacksonville, Florida 32211

Barry Sinoff, Esquire 1010 Blackstone Building

Jacksonville, Florida 32202

W. Bert Jones

2300 Greenlawn Street

Brandon, Florida 33511

Docket for Case No: 76-002111

Orders for Case No: 76-002111