Judges: ROBERT T. BENTON, II
Agency: Department of Business and Professional Regulation
Latest Update: Dec. 04, 1990
Summary: Petitioner failed to show by clear/convincing evidence Respondent contracted to build and failed to commence construction and that he didn't put notice on contruction or retain money.
82-1350STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, FLORIDA CONSTRUCTION ) INDUSTRY LICENSING BOARD, )
)
Petitioner, )
)
vs. ) CASE NO. 82-1350
)
ROBERT L. LINDSEY, )
)
Respondent. )
)
RECOMMENDED ORDER
This matter came on for hearing in Tallahassee, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton II, on November 18, 1982. Counsel had previously indicated appearances:
For Petitioner: Charles F. Tunnicliff, Esquire
130 North Monroe Street Tallahassee, Florida 32301
For Respondent: Terry P. Lewis, Esquire
Post Office Box 10508 Tallahassee, Florida 32302
By administrative complaint dated August 6, 1981, petitioner alleged that respondent "a registered general contractor ... entered into a contract ... to construct a home ... [that w]ork has never commenced ... [and that] Respondent failed to place his license number on the ... contract [in violation of Section 489.119(5) and 489.129(1)(k) and (j), Florida Statutes]"; and that respondent received "$1,080.00 as a deposit for the ... contract and has not returned it [notwithstanding] repeated promises" in violation of Section 455.227(1)(a), 489.129(1)(c) and (h), Florida Statutes.
FINDINGS OF FACT
No evidence was adduced in support of any of the allegations of the administrative complaint.
CONCLUSIONS OF LAW
At the formal hearing, petitioner had the burden to show by clear and convincing evidence that respondent committed the acts alleged in the administrative complaint. Walker v. State, 322 So.2d 612 (Fla. 3d DCA 1975); Reid v. Florida Real Estate Commission, 188 So.2d 846 (Fla. 2d DCA 1966). See The Florida Bar v. Rayman, 238 So.2d 594 (Fla. 1970). No evidence was adduced to establish the allegations of misconduct against respondent.
RECOMMENDATION
Upon consideration of the foregoing, it is RECOMMENDED:
That petitioner dismiss the administrative complaint.
DONE AND ENTERED this 22nd day of November, 1982, in Tallahassee, Florida.
ROBERT T. BENTON, II
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
Telephone: (904) 488-9675
Filed with the clerk of the Division of Administrative Hearings this 22nd day of November, 1982.
COPIES FURNISHED:
Charles F. Tunnicliff, Esquire Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
Terry P. Lewis, Esquire Post Office Box 10508 Tallahassee, Florida 32302
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL REGULATION,
Petitioner,
vs. CASE NO. 9096
DOAH NO. 82-1350
ROBERT L. LINDSEY
Box 6218
Tallahassee, Florida 32301,
Respondent.
/
ORDER
Respondent, Robert L. Lindsey, holds Florida license no, RG 0001220 as a registered general contractor. Petitioner has filed an Administrative Complaint seeking suspension, revocation, or other action against the license.
Petitioner and Respondent have stipulated to a disposition of this case and the stipulation was presented to the Board at a meeting held on July 12, 1984, in Ft. Lauderdale, Florida. The Board concurs that this Stipulation is an appropriate settlement of the cause; the Stipulation is attached to and made a part of this Order. It is therefore ORDERED that
Within 30 days the Respondent shall pay a fine of $250.00 and shall pay restitution of $1080.00 to Robert Frazier.
Respondent's license is SUSPENDED effective 30 days from the date of this Order. If the Respondent pays the fine and restitution in 30 days, the suspension will not be imposed. If they are not so paid, he shall immediately mail his license to the Board office or shall surrender the license to an investigator of the Department. If imposed, the suspension will be lifted upon payment of the fine and the restitution.
DONE and ORDERED in Jacksonville, Florida, this 23rd day of July, 1984.
FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
DONALD STOBS, Chairman
Attachment
STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION
DEPARTMENT OF PROFESSIONAL REGULATION,
Petitioner,
vs. CASE NO. 0009096
0009619
ROBERT L. LINDSEY,
Respondent.
/
STIPULATION
Robert L. Lindsey, hereinafter referred to as Respondent, and the Department of Professional Regulation, hereinafter referred to as Department, hereby stipulate and agree to the following joint Stipulation and Final Order of the Construction Industry Licensing Board, hereinafter referred to as Board, incorporating this Stipulation and agreement in the above styled matter.
STIPULATED FACTS
For all times pertinent herein Respondent was a licensed registered general contractor in the State of Florida having been issued license number RG 0001220.
Respondent was charged by an Administrative Complaint filed by the Department and properly served upon Respondent with violations of Chapter 489, Florida Statutes, and the rules enacted pursuant thereto. A true and correct copy of the Administrative Complaint is attached hereto and made a part hereof by reference thereto as Exhibit A.
Respondent admits the allegations of fact as contained in the Administrative Complaint attached hereto as Exhibit A.
STIPULATED CONCLUSIONS OF LAW
Respondent in his capacity as a licensed contractor admits that in such capacity he is subject to the provisions of Chapter 455 and 489, Florida Statutes, and the jurisdiction of the Department and the Board.
Respondent admits that the facts set forth in the foregoing stipulated facts constitute violations of Chapter 489, Florida Statutes, as alleged in this Administrative Complaint.
STIPULATED DISPOSITION
Respondent shall not in the future violate Chapters 455, and 489, Florida Statutes, or the rules promulgated pursuant thereto.
The Board shall issue a reprimand.
The Respondent shall pay $1080,00 in restitution to Robert Frazier.
The Board shall impose an administrative fine in the amount of $250.00 against the Respondent. The fine shall be paid by the Respondent to the Executive Director of the Board within 30 days of its imposition by Final Order of the Board.
To ensure payment of fine and restitution in compliance with this stipulation the Respondent further stipulates that his license shall be suspended with the imposition of the suspension being stayed for 30 days. If the ordered fine and restitution is paid within that 30 day period the suspension shall not take effect. Upon payment of the fine after the 30 days, the suspension imposed shall be lifted. If the licensee does not pay the above ordered fine he shall immediately mail his license to the Construction Industry Licensing Board Office, Post Office Box 2, Jacksonville, Florida or shall surrender the license to the investigator of the Department of Professional Regulation.
It is expressly understood that this Stipulation is subject to approval of the Board and Department and has no force and effect until an Order is based upon it by the Board.
This Stipulation is executed by the Respondent for the purpose of avoiding further administrative action with respect to this cause. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent prior to or in conjunction with consideration of the Stipulation. Furthermore, should this joint Stipulation not be accepted by the Board, it is agreed that presentation to and consideration of this Stipulation and other documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration or resolution of these proceedings.
Respondent and the Department fully understand that this joint Stipulation and subsequent Final Order incorporating same will in no way preclude additional proceedings by the Board and/or Department against the Respondent for acts or omissions not specifically set forth in the Administrative Complaint attached as Exhibit A issued in this cause,
Respondent expressly waives all further procedural steps, and expressly waives all rights to seek judicial review of or to otherwise challenge or contest the validity of the joint Stipulation of facts, conclusions of law and imposition of discipline, and the Final Order of the Board incorporating said stipulation.
SIGNED this 10th day of February, 1984.
Robert L. Lindsey RESPONDENT
Approved this 10th day of May, 1984.
Fred Roche, Secretary Department of Professional Regulation
Docket for Case No: 82-001350
Orders for Case No: 82-001350
| Issue Date |
Document |
Summary |
|
Nov. 22, 1982 |
Recommended Order
|
Petitioner failed to show by clear/convincing evidence Respondent contracted to build and failed to commence construction and that he didn't put notice on contruction or retain money.
|
