STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 77-473

) LICENSE NO. RA 0015598

FREDERICK B. MEE, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice at 2:00 P.M. on May 11, 1977, in the offices of the Florida Real Estate Commission, Courtney Building, Suite 201, 2069 First Street, Fort Myers, Florida, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case was heard on an Administrative Complaint filed by the Florida Construction Industry Licensing Board against Frederick B. Mee alleging that Mee did business as B & M Air Conditioning and Refrigeration Service, Inc., a corporation which was adjudged bankrupt in the United States District Court for the Middle District of Florida, and that the filing of a petition in bankruptcy, either voluntarily or involuntarily, may be considered by the Board as just cause for suspension of a certificate of registration.

APPEARANCES

For Petitioner: David Linn, Esquire

Post Office Box 1386 Tallahassee, Florida 32302

For Respondent: Mr. Frederick B. Mee, appearing

in his own behalf 1123 El Dorado Parkway

Cape Coral, Florida 33904 FINDINGS OF FACT

1. Frederick B. Mee holds registered air conditioning contractor's license No. RA 0015595 and does business as B & M Air Conditioning and Refrigeration Service, Inc.

   
   

2. Certified copies of an order of the United States District Court for the Middle District of Florida was introduced adjudging that B & M Air Conditioning and Refrigeration Service, Inc., of 919 Southeast 47th Terrace, Cape Coral, Florida, was adjudged bankrupt on its petition filed December 30, 1976. A copy of a voluntary petition filed with that Court was introduced indicating that Frederick B. Mee, the president of B & M Air Conditioning and Refrigeration Service, Inc., had signed the voluntary petition for bankruptcy.

3. The testimony of Frederick B. Mee was received into the record. Mee admitted that he had filed for bankruptcy as a result of substantial debts of the corporation. These debts were encountered when the corporation retained its employees when building in the area declined. The primary debts of the corporation were to materialmen and all laborers and customers were serviced. Mee indicated that customers' warranty work was still being handled by his son who is a licensed air conditioning contractor. Mee further indicated that he desired to reenter the air conditioning maintenance business but had no desire to engage in the installation of air conditioning refrigeration units. Mee has not defaulted on any personal debts and he possesses some personal assets. The companies who had dealt with him in the past were willing to do business with him again, although Mee indicated he would not purchase materials on a credit basis if he reentered the air conditioning maintenance business.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 468.112(7), Florida Statutes, indicates that filing of a petition in bankruptcy either voluntarily or involuntarily may be considered by the Board as just cause for suspension of a certificate of registration. Substantial competent evidence of the fact that Frederick B. Mee filed a voluntary petition in bankruptcy on behalf of B & M Air Conditioning and Refrigeration Service, Inc., of which he was president, was introduced at the hearing.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the license of Frederick B. Mee d/b/a B & M Air Conditioning and Refrigeration Service, Inc., be suspended until satisfactory proof of his personal finances is received by the Florida Construction Industry Licensing Board.

DONE and ORDERED this 5th day of July, 1977, in Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

David Linn, Esquire Post Office Box 1386

Tallahassee, Florida 32302

Mr. Frederick B. Mee 1123 El Dorado Parkway

Cape Coral, Florida 33904

Mr. J. K. Linnan Executive Director

Florida Construction Industry Licensing Board

Post Office Box 8621 Jacksonville, Florida 32211

Docket for Case No: 77-000473

Orders for Case No: 77-000473