STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1353

)

LEROY ALVIN COLTS, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on September 13, 1979, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose on an administrative complaint filed against the Respondent, Leroy Colts, by the Florida Construction Industry Licensing Board alleging that the Respondent had violated Sections 468.112(2)(a) and (f), Florida Statutes.

APPEARANCES

For Petitioner: Michael E. Egan, Esquire

247 South Adams Street Post Office Box 1386

Tallahassee, Florida 32302 For Respondent: Did not appear

FINDINGS OF FACT

1. Leroy Alvin Colts was qualifier for Berkley Home Service, which held License #RC0029635. Colts held such license from 1977 - 81.

   
   

2. In December 28, 1978, Leroy Alvin Colts' local certificate of competency was revoked by the Pinellas County authorities. This action was reviewed by the Florida Construction Industry Licensing Board prior to these charges being filed.

   
   

3. On January 4, 1979, Leroy Alvin Colts was adjudged guilty of violating Section 812.021 (Grand Theft) and Section 812.014 (Grand Larceny) and sentenced to 45 years in the State Penitentiary. These offenses arose directly from Colts' activities as a licensed contractor. The court's judgment was affirmed by the appellate court.

   
   

4. Notice of this proceeding was provided Colts in the manner prescribed by law, and inquiry of Counsel for the Petitioner Board and representatives of the St. Petersburg Police Department showed that Colts was free on bond and available to attend the hearing.

   CONCLUSIONS OF LAW

   
   

5. Respondent Colts is charged with violation of Sections 468.112(2)(a) and (f) , Florida Statutes. Section 468.112(2)(a) provides that a licensee may be disciplined for deliberate violation of any of the laws of this State. Colts was found guilty of criminal violation of Section 812.014 and Section 812.021 from conduct directly related to his activities as a contractor. Section 468.112(2)(f) provides that when a licensee is disciplined by a local board, after review by the State Board, the State Board may also take action. The local board in St. Petersburg revoked Colts' certificate of competency for his conduct which gave rise the criminal charges. Colts violated Sections 468.112(2)(a) and (f), Florida Statutes.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommended that the Florida Construction Industry Licensing Board revoke Leroy Alvin Colts' license.

DONE and ORDERED this 21st day of September, 1979, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Michael E. Egan, Esquire

247 South Adams Street Post Office Box 1386

Tallahassee, Florida 32302

Joseph F. McDermott, Esquire

544 First Avenue, North

St. Petersburg, Florida 33701

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

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

FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD,

Petitioner,

DIVISION OF ADMINISTRATIVE

vs. HEARINGS DOCKET NO. 79-1353

LEROY ALVIN COLTS d/b/a BERKELEY HOME SERVICE, RC 0029635,

4534 40th Street South, St. Petersburg, Florida 33711

Respondent.

/

FINAL ORDER OF

FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD

This cause came before the FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD at its regular meeting on October 25, 1979.

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 October 25, 1979 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 LEROY ALVIN COLTS, Number RC 0029635, be and 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.

DATED this 25th day of October, 1979.

THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD

BY:

JOHN HENDY JONES, President

Docket for Case No: 79-001353

Orders for Case No: 79-001353