STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 78-592

) MYRON LEWIS d/b/a INTERIOR ) CONCEPTS OF PALM BEACH, ) WHITTEN CORPORATION SOUTH and ) CUSTOM POOLS OF THE PALM ) BEACHES, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

This cause came on for final hearing before the under-signed Hearing Officer after due and proper notice on April 3, 1979 in West Palm Beach, Florida. Barry S. Sinoff, Esquire appeared on behalf of Petitioner and Jerome

1. Kraft, Esquire appeared an behalf of Respondent.

   
   

   Having considered the evidence and testimony presented and the argument of counsel, the Hearing Officer enters the following.

   
   

   FINDINGS OF FACT

   
   

   1. At the time of final hearing the Respondent, Myron Lewis, was the holder of State Certified General Contractor's Licenses as follows: Myron Lewis d/b/a Interior Concepts of Palm Beach, Number CG C005282; Myron Lewis d/b/a Whitten Corporation South, Number CG CA05282; and Myron Lewis d/b/a Custom Pools of the Palm Beaches, Inc. Number CG CB05282.

      
      

   2. Respondent was engaged in the business of building swimming pools in the Palm Beach area. In connection with that business the Respondent entered into contracts for the construction of pools with several individuals, including the following: James Riley; Michael Belmonti; Walter Beasley; Jose Dorribo; Gerald Gottner; James Overton; and Ronald Malcolm. With regard to the first six names listed above, Respondent had failed to complete the pool and perform according to the contract and, apparently, abandoned the project after accepting a major portion of the contract price agreed upon. With regard to the seventh name listed above, Respondent accepted an initial deposit of $680.00 for construction of a swimming pool but never performed any work and did not return the deposit.

      
      

   3. Some efforts were made by the Respondent to settle each of the claims against him and to that end there was submitted into evidence general releases from Malcolm, Riley and Belmonti each reciting that the general release was a settlement and compromise of disputed claims and that the payments are not to be

      construed as admission of liability on the part of Custom Pools of the Palm Beaches, Inc. and/or Myron Lewis. (See Petitioner's Composite Exhibit 3)

      
      

   4. With regard to the projects set forth in Paragraph 2 above, Respondent apparently terminated because of financial difficulties he and his company were in, none of which was the fault or responsibility of the persons for whom Respondent had contracted to build pools. More than ninety days had elapsed from the time of termination of the project by Respondent and this final hearing. All of these projects occurred prior to 1978. The Palm Beach County Construction Industry Licensing Board, by action taken on January 23, 1978, suspended Respondent's license until further notice. That suspension was the result of the termination of the projects set forth above.

      
      

   5. The evidence presented indicates that an unspecified amount of money paid Respondent for the construction of specific pools was actually used for other obligations of Respondent and such funds were not used for the prosecution or completion of the project for which they were paid.

      
      

      CONCLUSIONS OF LAW

      
      

   6. The Division of Administrative Hearing has jurisdiction over this cause.

      
      

   7. The actions of the Respondent set forth in the Findings of Fact above constitute violations of subsections 468.112(2)(e), 468.112(2)(f), and 468.112(2)(h), Florida Statutes 1977. The Petitioner is authorized , pursuant to such a violation, to take the disciplinary action set forth in Section 468.112(3), Florida Statutes 1977.

      
      

   8. Petitioner's Exhibit 1 in this cause is the minutes of the Palm Beach County Construction Industry Licensing Board meeting of January 23, 1978, before which Respondent and his attorney appeared to discuss and determine the same matters for which Respondent is charged herein. Similarly, Petitioner's Exhibit

      2 is the minutes of the Palm Beach County Construction Industry Licensing Board meeting of June 26, 1978, before which Respondent and his attorney appeared for the same purpose. Parties to this action stipulated that the testimony given before those meetings of the Palm Beach County Construction Industry Licensing Board and reflected in Petitioner's Exhibits 1 and 2, is admissible in this cause and may be considered by the Hearing Officer and Board for determination of the issues of this cause.

      
      

   9. At the final hearing herein a certain amount of evidence wee presented by Petitioner that Respondent owed monies to Gunite Unlimited and to Structural Specialties for materials bought in the pool construction business. No findings of fact have been entered with regard to that testimony because the Respondent is not charged in the Amended Administrative Complaint with any improper conduct concerning those matters testified to and the Hearing Officer does not see that any of that testimony is specifically relevant to the matters with which Respondent is charged in the Amended Administrative Complaint.

RECOMMENDED ORDER

Having considered the foregoing the Hearing Officer therefore recommends that:

1. Respondent, Myron Lewis, has committed acts in violation of Section 468.112, Florida Statutes and that the General Contractor's licenses numbered CG C005282, CG CA05282, and CG CB05282, issued to Myron Lewis should be revoked.

ENTERED this 18th day of January, 1980, in Tallahassee, Florida.

CHRIS H. BENTLEY

Hearing Officer

Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Barry Sinoff, Esquire 2400 Independent Square

Jacksonville, Florida 32201

Jerome R. Kraft, Esquire 3418 N. Dixie Highway

West Palm Beach, Florida 33407

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

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

FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD,

Petitioner,

vs. DOAH NO. 78-592

MYRON LEWIS, CGC 005282, CG CA05282

CC CB05282

305 Emerson Circle

Palm Springs, Florida 33406,

Respondent.

/

FINAL ORDER OF

FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD

This cause came before the FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD at its regular meeting on March 7, 1980.

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 appeared before the Board and presented mitigating factors.

The FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD on March 7, 1980, by

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

ORDERED that the certification of respondent MYRON LEWIS, Numbers CGC 005282, CG CA05282, CG CBO5282 be and are hereby suspended for 6 months or until reinstated by Palm Beach County Board, whichever occurs first. If respondent has not been reinstated by the Palm Beach County Board within six months, then he shall appear before the Board for further action.

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.

DATED this 28th day of March, 1980.

THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD

By: JOHN HENRY JONES, President

Docket for Case No: 78-000592

Orders for Case No: 78-000592