STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 77-624

)

JAMES RASKIN, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice in the above styled cause at the Florida Real Estate Commission Office, Courtney Building, Suite 201, 2069 1st Street, Fort Myers, Florida, at 11:00 A.M. on May 11, 1977 before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This cause was originally scheduled for 3:30 P.M. on said date but was advanced to 11:00 A.M. by agreement of the parties.

This matter came on to hearing upon the Administrative Complaint filed by the Florida Construction Industry Licensing Board against James Raskin. Said complaint alleged that Raskin had violated paragraph 5 1/2 - 21 (g) of the Cape Coral Code in that Raskin had failed to fulfill his contractual obligation through inability to pay all creditors for material furnished or work or services performed in the operation of his business for which he was licensed thereunder. Raskin's alleged violation of the Cape Coral Code would constitute a violation of Section 468.112(2)(a), Florida Statutes, in that he willfully or deliberately disregarded or violated applicable building codes or laws of this state or any municipality, city or county thereof. The Administrative Complaint further alleged that the Board sought to review the action taken by the Cape Coral Board pursuant to Section 468.112(2)(f), Florida Statutes.

APPEARANCES

For Petitioner: Barry Sinoff, Esquire

1010 Blacks tone Building Jacksonville, Florida 32202

For Respondent: James Baskin appeared in his own behalf

FINDINGS OF FACT

1. The parties stipulated to the fact that James Baskin holds registered contractor's license number BC 0011300.

   
   

2. Raskin's registered general contractor's license was issued by the Florida Construction Industry Licensing Board.

3. Prior to the commencement of the hearing, the Hearing Officer held that the record of the proceedings for the Cape Coral Board could be filed as a late filed exhibit in this cause in order that the Florida Construction Industry Licensing Board could review the Cape Coral Board's action pursuant to its authority under Section 468.112(2)(f), Florida Statutes.

   
   

4. Ambassador Homes contracted with Sam and Marie Franzella for the construction of a single family residence to be constructed on the property located on Lots 41-42, Block 1224, Cape Coral Unit 19, Section 32-33, Township

   44 South, Range 24 East. Stucky Well Drilling was initially contacted by an unknown agent of Ambassador Homes on January 1, 1975, and directed to drill a well, and install a deep well jet pump and tank at the location stated above. On January 20, 1975, Marion, a secretary for Ambassador Homes, called Stucky Well Drilling and directed that Stucky Well Drilling install the well and

   equipment as soon as possible. On January 21, 1975, a 210 foot well was drilled on the property described above and on January 23, 1975, a Mr. Green from Ambassador Homes called and requested that the tank and equipment be installed immediately. Mr. Hall, an employee of Stucky Well Drilling, installed all the equipment as ordered on January 23, 1975. On January 24, 1975, a bill in the amount of Six Fifty Dollars ($650.00) was sent to Ambassador Homes for the work performed on the property described above.

   
   

5. Ambassador Homes was a corporation engaging in residential contracting and operating under the license of James Raskin.

   
   

6. Ambassador Homes did not pay Stucky Well Drilling the bill for the drilling of the well and installation of the equipment on the property described in paragraph 3 above. Subsequently Stucky Well Drilling brought suit against Ambassador Homes, Inc., in the County Court of Lee County and obtained final judgment in the amount of Six Hundred Fifty Dollars ($650.00) plus costs. This judgment was entered on December 2, 1975.

   
   

   CONCLUSIONS OF LAW

   
   

7. Section 5 1/2-21, Cape Coral Code, provides in pertinent part as follows:

   
   

   "It shall be unlawful for any contractor, as defined by this chapter, to commit any one (1) or more of the following acts or omissions:

   * * *

   (g) Fail to fulfill his contractural obli- gation through inability to pay all credi- tors for material furnished or work or services performed in the operation of his business for which he is licensed hereunder;"

   
   

8. This provision of the Code was in effect at all times relative to the events described in the findings of fact above.

9. Section 468.112(2), Florida Statutes, provides in part as follows: "The following acts constitute cause for

   disciplinary action:

   1. Willfull or deliberate disregard in vio- lation of the applicable building codes or

      laws of the state or any municipalities, cities or counties thereof."

      
      

10. The facts establish that James Raskin was the licensed contractor for Ambassador Homes, Inc., that Ambassador Homes, Inc., contracted for a well to be drilled upon Lots 41-42, Block 1224, Cape Coral Unit 19, Section 32-33, Township

44 South, Range 24 East. The evidence also shows that Ambassador Homes, Inc. had a contract for construction of the two-story home on the property described above for Sam Franzella and Marie Franzella. Ambassador Homes, Inc., was billed for the labor and materials provided by Stucky Well Drilling and refused to pay this bill. Stucky Well Drilling eventually brought suit on the debt and received a judgment in the amount of Six Hundred Fifty Dollars ($650.00) plus costs. Raskin represented that Franzella was responsible for the debt. The evidence clearly indicates Ambassador Homes ordered the well. Raskin failed to fulfill his obligation as the licensed contractor by failing to pay all creditors for material furnished or work or services performed in his contracting business. Under these circumstances, this would constitute willful or deliberate disregard and violation of the applicable building codes or the laws of the state or any municipalities, cities or counties thereof contrary to the provisions of Section 468.112(2)(a), Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the Florida Construction Industry Licensing Board suspend the license of James Raskin as a registered general contractor until he presents satisfactory proof to the Board of his financial qualifications to engage in the contracting business.

DONE and ORDERED this 27th day of May, 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:

Barry Sinoff, Esquire 1010 Blacks tone Building

Jacksonville, Florida 32202

James Raskin

1810 S. E. 44th Street 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: 77-000624

Orders for Case No: 77-000624