STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL REGULATION, FLORIDA ) CONSTRUCTION INDUSTRY LICENSING ) BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2387

)

JESSE BRUCE, )

)

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 December 14, 1982, in Ft. Lauderdale, Florida. A transcript of the proceedings was received by this Division on December 22, 1982.

APPEARANCES

For Petitioner: Michael J. Cohen, Esquire

Kristin Building

2715 East Oakland Park Boulevard, Suite 101 Ft. Lauderdale, Florida 33306

For Respondent: Jesse Bruce, pro se

721 Northwest 20th Avenue

Ft. Lauderdale, Florida 33311 ISSUE

The issue posed for decision herein is whether or not the Respondent failed to obtain a building permit in violation of Section 9-21(a), Broward County Ordinance No. 78.9, and thereby violated Section 489.129(1)(d), Florida Statutes (1979), by willfully or deliborately disregarding the applicable county code and thereafter failed to honor the warranty entered in the performance of a construction contract in violation of Section 489.129(1)(c), Florida Statutes (1979), to wit: Section 455.277(1)(a), Florida Statutes (1979), by making a misleading, deceptive, untrue, or fraudulent representation in the practice of contracting.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found.

1. Jesse Bruce, Respondent herein, is a registered roofing contractor and has been issued license No. RC0022948.

   
   

2. On September 2, 1981, Respondent entered into a contract to repair a roof at 3684 NW 29th Street, Lauderdale Lakes, Florida, for Ms. Beryl Babb for the sum of $485.00. Respondent admits that he commenced construction under the above-referenced contract without first having obtained a building permit. Respondent was paid in full under the contract by Ms. Babb on September 4, 1981. Pursuant to the terms of the construction contract, Respondent provided for a two-year warranty on the roof repairs. Within an approximate two-month period following the repairs by Respondent, Ms. Babb made repeated phone calls to Respondent's construction company to report complaints that she was having in that the roof and garage appeared to "leak more than it had leaked prior to the repairs." Ms. Babb made at least six telephone calls to Respondent's construction company to no avail.

   
   

3. During November, 1981, Ms. Babb filed a civil complaint in small claims court and during January, 1982, Ms. Babb received a judgment against the Respondent for $300.00. 1/

   
   

4. Respondent ahs been a licensed and registered roofing contractor since October, 1974. Respondent acknowledged that he received complaints from Ms. Babb as was testified herein; however, he states that he was busy during the times in which the complaints were made, an further that he did not want to make repairs inasmuch as Ms. Babb had elected to file a civil complaint against him in small claims court. Finally, Respondent acknowledged that he was obliged to return tot he Babb residence to make the repairs inasmuch as the complaints from Ms. Babb came during the two-year period in which the warranty for the roof repairs was in effect.

   
   

   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 parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

7. The authority of the Petitioner is derived from Chapter 489, Florida Statutes.

   
   

8. The Respondent, a licensed, registered roofing contractor, is subject to the disciplinary guides of Chapter 489, Florida Statutes.

   
   

9. Competent and substantial evidence was offered to establish that the Respondent failed to obtain a building permit to perform roof repairs at Ms. Babb's property situated at 3684 NW 29th Street, Lauderdale Lakes, Florida, between the dates September 2, 1981 and November 12, 1982. Based thereon, evidence reveals that the Respondent violated Section 9-21(a), Broward County Ordinance No. 78.9 and thereby violated Section 489.129(1)(d), Florida Statutes (1979) in that he willfully or deliberately disregarded and violated the applicable county code.

   
   

10. By failing to return to the Babb residence to perform repairs pursuant to warranty provided in the construction contract, Respondent failed to honor said warranty which amounts to deceptive practices in his contracting business

in violation of Section 455.227(1)(a), Florida Statutes (1979) 2/ and thereby violated Section 489.l29(1)(c), Florida Statutes (1979).

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent be placed on probation for a period of six (6) months. 3/

RECOMMENDED this 3rd day of February, 1983, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 3rd day of February, 1983.

COPIES FURNISHED:

Michael J. Cohen, Esquire Suite 101, Kristin Building 2715 E. Oakland Park Blvd.

Ft. Lauderdale, Florida 33306

Jesse Bruce

721 NW 20th Ave.

Ft. Lauderdale, Florida 33311

Mr. James Linnan Executive Director

Construction Industry Licensing Board Post Office Box 2

Jacksonville, Florida 32202

Mr. Fred Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-002387

Orders for Case No: 82-002387