STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 79-983

)

JAY W. HAMPTON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 1:30 p.m., on August 16, 1979, in Room 216, Moot Courtroom, Old Law Building, University of Miami Law School, Coral Gables, Florida.

Petitioner was represented by Barry Sinoff, Esquire, 2400 Independent Square, Jacksonville, Florida, 32202. Respondent, Jay W. Hampton, represented himself.

The Florida Construction Industry Licensing Board (hereafter Board) seeks to suspend for two years the certified residential contractors license held by Respondent, Jay W. Hampton (hereafter Hampton), because Hampton allegedly failed to pay all creditors for material furnished or work or services performed on a project for which he was responsible.

FINDINGS OF FACT

1. The certified residential contractors license number CRC001528 issued to Hampton is currently inactive. On June 21, 1977, Jay Hampton Construction, Inc. , entered into a contract with Francis Merceret to enclose a carport for a total price of $7,500.00.

   
   

2. Hampton had made application to change his contractors license to a corporate license but since the paper work was not complete, such request was never processed. The work done on the Merceret residence was done under Hampton's individual license.

   
   

3. Construction on the project was completed in August, 1977, and Merceret paid the full amount of the contract price to representatives of Jay Hampton Construction, Inc. There are outstanding bills in the amount of $183.76 due to Best Iron Works and $273.30 due to M. P. S. Industries, which monies are owed for work done or materials furnished for the Merceret enclosed carport. Hampton satisfied another claim of lien filed by Cling Electric, Inc., for unpaid bills resulting from the work on the Merceret residence.

   
   

4. Merceret made a total of three payments to Jay Hampton Construction, Inc. The first two payments were made to the company. After that time, Hampton

   called Merceret and requested that the third and final payment be made directly to him because of problems Hampton was having with his partner. Hampton agreed to put the money in escrow until the problems were worked out and lienors were satisfied. Notwithstanding these precautionary instructions, Merceret made the final payment to one Murrary Lash, who was associated with Hampton. Hampton never saw the money again nor was it properly allocated to subcontractors or material men who had not been paid. This occurred, notwithstanding Hampton's request that Merceret not pay anyone until all releases were obtained.

   
   

   CONCLUSIONS OF LAW

   
   

5. It is concluded that Hampton is not guilty of willful or deliberate disregard or violation of applicable building codes or laws since he did all he could do to ensure that lienors were properly protected. It is, therefore,

RECOMMENDED that the Board take no action against Hampton.

DONE and ENTERED this 2nd day of November, 1979, in Tallahassee, Florida.

MICHAEL R. N. MCDONNELL

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 32202

Jay W. Hampton

6350 S.W. 16 Terrace

Miami, Florida 33155

Docket for Case No: 79-000983

Orders for Case No: 79-000983