STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ELLIOT HENDRY, JR., )

)

Petitioner, )

)

vs. ) CASE NO. 77-282

) CREATIVE MAINTENANCE ENTERPRISES, ) INC., )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came up for hearing before the undersigned Hearing Officer in Room B-75, J. Wayne Reitz, University of Florida, Gainesville, Florida at 2:00 p.m., March 3, 1977.

APPEARANCES

For Petitioner: Don Peters, Esquire

Beverly Hill, Student Intern College of Law

Offices of Law Clinics Holland Law Center Gainesville, Florida 32611

For Respondent: No appearance

At issue at this administrative proceeding was whether the Petitioner who had worked as a painter in the construction of the Wildlife Research Facility, Gainesville, Florida, has been compensated according to the schedule for prevailing wage rates appropriate for this job under Section 215.19, Florida Statutes.

Mr. Hendry had been hired by Creative Maintenance Enterprises, Inc., a subcontractor for Holton Construction Company that had been awarded the contract. He worked a total of 321 hours and had been paid $4.00 per hour

In actuality Mr. Hendry never got paid what he should have gotten for the hours he worked at $4.00 per hour. In addition, under the Prevailing Schedule Mr. Hendry should have been paid $6.00 per hour Hendry made a claim for $584.00 due him and apparently this sum has been withheld from the general contractor and is now in escrow.

From the evidence received at the hearing in this case it appears that the Petitioner is entitled to more than the $584.00 amount which has been withheld from the contractor. Upon examining Section 215.19, F.S., the Division of Labor appears to have only the authority to award an employee an amount which has been withheld and placed in escrow.

It is therefore RECOMMENDED that the Division of Labor release unto the Petitioner the amount of money held in escrow which has been withheld from the general contractor.

DONE and ORDERED this 25th day of March, 1977, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

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

(904) 488-9675

COPIES FURNISHED:

Ms. Beverly Hill Mr. C. L. Klonis, Project Manager

Student Intern Construction Administration Section

College of Jaw Department of General Services Office of Law Clinics Building E, University of Florida Holland Law Center Gainesville, Florida 32501 Gainesville, Florida 32611

Mr. Joseph Holton

Mr. Elliott Hendry, Jr. Holton Construction Company

P. O. Box 378 1123 S.E. 4th Street

Waldo, Florida Gainesville, Florida 32601

Mr. Luther Moore Dan Turnbull, Esquire Florida Department of Department of Commerce

Commerce Collins Building

Room 205, Ashley Building Tallahassee, Florida 32304 1321 Executive Center Drive, E.

Tallahassee, Florida 32301

Daniel Laymon, Director

Mr. Allen Isaac Creative Maintenance Enterprises, 2711 N.W. 6th Street, Inc. 1952 N.W. 3rd Street

Suite C Gainesville, Florida Gainesville, Florida

Docket for Case No: 77-000282

Orders for Case No: 77-000282