7

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

THE FLORIDA CONSTRUCTION )

INDUSTRY LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1095

)

CARROLL L. MOZINGO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on October 12, 1977.

APPEARANCES

For Petitioner: Barry Sinoff, Esquire

1010 Blackstone Building

Jacksonville, Florida 32202

For Respondent: Carroll L. Mozingo, Appearing Pro Se

1909 Ed Johnson Drive Jacksonville, Florida 32218

ISSUE

The Florida Construction Industry Licensing Board (Petitioner herein) seeks to revoke Carroll L. Mozingo's (Respondent herein) license to practice as a registered general contractor based on allegations which will be set forth hereinafter in detail that he diverted funds in violation of Chapter 468.112(2)(e), Florida Statutes.

Based upon my observation of the witnesses and their demeanor while testifying and the entire record compiled herein, I make the following:

FINDINGS OF FACT

1. The Respondent is a registered general contractor, who holds current license no. RG0015876. On September 7, 1976, Respondent entered into a contract with Robert Johnson and his wife Sandra Johnson for a room addition and patio to their house located at 197 North Roscoe Blvd., Ponte Vedra Beach, Florida. The full amount of the contract plus agreed upon extras amounted to $9,640.00. (Petitioner's Composite Exhibit Number 2) Respondent applied for and obtained a building permit for the construction of the Johnson's addition on or about September 27, 1976, and construction commenced shortly thereafter.

   (Petitioner's Exhibit Number 1)

2. Donald Jermaine, a St. Johns County field inspector, testified that he conducted inspections on the subject job and noted numerous violations of the St. Johns County Building Code. He coordinated the inspections for this project up until the time it was abandoned by Respondent during mid February, 1977. At the time of abandonment, the owner, Robert Johnson, had paid a total amount of

   $11,021.96 to Respondent and/or various suppliers. To complete the job as contracted by the parties (Johnson and Mozingo) Messr. Johnson had to pay Proctors Construction Company $2,800.00, an electrical contractor $369.00 and a plumbing contractor $520.00 for a total expenditure over and above the above referenced contract amount of $3,689.00. He testified that no additional work was done to his home.

   
   

3. The Respondent testified that he expended $7,458.00 for materials on the Johnson project and was unable to complete it because his mortgage payments were delinquent and he was not receiving any additional monies from Messr. Johnson to fulfill his obligations. He testified that he was unable to work at night and therefore had to seek other employment with another contractor.

   
   

4. The above explanation by the Respondent which led to his abandonment of the subject project does not excuse him from his contractual obligations to either fulfill the contract as agreed upon or to seek a renegotiation based on additional costs and/or unexpected circumstances. This was not done nor was any other explanation given as to where the additional monies in excess of $4,000.00 was spent. I therefore conclude that he engaged in a diversion of funds as alleged in the administrative complaint filed by the Petitioner on May 27, 1977. I shall so recommend.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

6. The authority of the Petitioner is derived from Chapter 468, Florida Statutes.

   
   

7. The parties were duly noticed pursuant to notice provisions of Chapter 120.57, Florida Statutes.

   
   

8. The Respondent, by failing to complete the construction project which he entered into a contractual relationship with Robert Johnson and his wife and later abandoning the project forcing the Johnson's to expend additional monies to complete the same project constituted a diversion of funds in violation of Chapter 468.112(2)(e), Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, I hereby recommend that the Respondent's general contractor's license be suspended for a period of two years.

RECOMMENDED this 2nd day of December, 1977, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Barry Sinoff, Esquire 1010 Blackstone Building

Jacksonville, Florida 32202

C. H. Hoskinson, Chief Investigator

Florida Construction Industry Licensing Board Post Office Box 8621

Jacksonville, Florida 32211

Carroll L. Mozingo 1909 Ed Johnson Drive

Jacksonville, Florida 32218

================================================================= AGENCY FINAL ORDER

================================================================= BEFORE THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD

FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD,

Petitioner,

vs. DIVISION OF ADMINISTRATIVE

HEARINGS, DOCKET NO. 77-1095

CARROLL L. MOZINGO dba CARROLL CONSTRUCTION COMPANY, RG 0015876,

1909 Ed Johnson Drive, Jacksonville, Florida 32218,

Respondent.

/

FINAL ORDER OF

FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD

This cause came before the FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD at its regular meeting on January 13, 1978.

Respondent was sent the Hearing Officer's findings and recommendations and was given at least 10 days to submit written exceptions to the recommended order. Respondent was notified of the meeting so that respondent or counsel might appear before the Board. Respondent did not appear.

The FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD on January 13, 1978, by

motion duly made and seconded adopted the findings of fact and the recommendations of the recommended order which are hereby incorporated by reference in this final order. It is therefore,

ORDERED that the registration of respondent CARROLL L. MOZINGO, Number RG 0015876, be arid is hereby revoked.

Respondent is hereby notified that he has 30 days after the date of this final order to appeal pursuant to Chapter 120, Florida Statutes, and the Florida Appellate Rules.

FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD

by: JOHN HENRY JONES, President

DATED this 13th day of January, 1978.

Docket for Case No: 77-001095

Orders for Case No: 77-001095