STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 82-2861

)

DAVID MORTON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause came on for formal hearing before Marvin E. Chavis, duly designated Hearing Officer of the Division of Administrative Hearings, in Ft. Lauderdale, Florida.

APPEARANCES

For Petitioner: Michael J. Cohen, Esquire

Suite 101, Kristin Building

2715 East Oakland Park Boulevard Ft. Lauderdale, Florida 33306

For Respondent: Not Present

ISSUES

By Administrative Complaint filed on March 24, 1982, the Petitioner, Department of Professional Regulation, charged the Respondent, David Morton, with specific violations of Florida Statutes and Section 81-64 of the City of Hollywood Ordinances. The charged violations generally involve the alleged failure of Mr. Morton to obtain building permits prior to performing roofing repairs and failure to honor and make good certain guarantees that he gave on two roof repair jobs.

Petitioner presented the testimony of Carol Glovan, of the City of Hollywood Building Department; Maurice Segall, complainant; and Hershal K. Deuchare, complainant. Petitioner's Exhibits 1 through 7 were received into evidence. Respondent failed to appear and, therefore, presented no witnesses or documentary evidence on his behalf.

The counsel for the Petitioner submitted proposed findings of fact and conclusions of law for consideration by the Hearing Officer. To the extent that those proposed findings of fact and conclusions of law are not adopted in this order, they were considered and determined to be irrelevant to the issues in this cause or not supported by the evidence.

FINDINGS OF FACT

1. Respondent is a registered roofing contractor having been issued License No. RC0030473.

   
   

2. David Norton was first licensed as a registered roofing contractor in July, 1977. License No. RC0030473 was issued to David Morton qualifying David Morton Roofing, 6422 Southwest 24th Street, Miramar, Florida 33023. Since qualifying David Morton Roofing, the Respondent has changed business addresses but has not qualified any other business name for the purpose of performing work under his license.

   
   

3. On May 8, 1980, the Respondent contracted with H. Deuchare to perform repairs on the roof of the Deuchares' home located at 5521 Buchannon Street, Hollywood, Florida. The contract price was $500. The written contract dated May 9, 1980, and attached as a part of Petitioner's Composite Exhibit No. 3, reflects that the name in which the Respondent was doing business at that time was "David M. Roofing." The contract also provided for a one-year guarantee against faulty material and workmanship.

   
   

4. Respondent performed the roof repairs on the Deuchare home but failed to obtain a permit for the work as required by Section 81-64, City of Hollywood Ordinances.

   
   

5. After completion of the work, the roof continued to leak, and after two calls from Mr. Deuchare, the Respondent came out and attempted to repair the work. Following this repair effort, the roof leaked worse than before. After continuing calls, the Respondent finally got the leak fixed. However, during the course of making the final repair, the Respondent removed tiles from the roof and broke certain of the tiles. Following completion of the repair, Respondent did not put the tiles back in place and refused to come back and replace the broken tiles. The Respondent made a total of three repair visits to the Deuchare home and on the occasion of each call, was very cordial.

   
   

6. On April 22, 1981, Respondent contracted with Maurice Segall to perform roof repairs on the Segalls' home located at 4400 Lincoln Street, Hollywood, Florida. The contract price was $1,075.00. The contract which is attached to Petitioner's Composite Exhibit 4 is dated April 22, 1981, and reflects that the Respondent was doing business in the name of David M. Roofing. The contract also provided for a guarantee for seven years against faulty material and workmanship. The Respondent performed the work on the roof but failed to obtain a building permit prior to beginning the work as required by Section 81-64, City of Hollywood Ordinances. A building permit was later obtained after the repairs were completed.

   
   

7. After the Respondent performed the work, the roof continued to leak, and after many calls, Respondent sent someone out to make additional repairs. After Mr. Segall initiated an action with the county licensing board, Mr. Morton did come out and do the roof over again and performed the work in a proper manner. Mr. Morton did obtain a proper hermit prior to performing the work the second time. No charge was made to Mr. Segall for the work performed in redoing the job. Following this work, the roof did not leak.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this action.

9. The Construction Industry Licensing Board is empowered to take disciplinary action against a contractor who is found to perform any acts which are in violation of Florida Statutes Section 489.129.

   
   

10. By failing to obtain permits prior to performing the work on the Deuchare home, the Respondent violated Florida Statutes Section 489.129(1)(d).

    
    

11. By failing to obtain a permit prior to performing the work on the Segall home, the Respondent violated Florida Statutes Section 489.129(1)(d).

    
    

12. The Respondent failed to qualify the name David M. Roofing and, therefore, at the time of the Deuchare and Segall contracts, was in violation of Florida Statutes Section 489.119.

    
    

13. I do not find that the evidence was sufficient to show a violation of Florida Statutes 455.227(1)(a). Although there was substantial delay in ultimately completing the work under the guarantees of the Segall and Deuchare contracts, Mr. Morton did respond to calls and did ultimately live up to his guarantee.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED:

That the Construction Industry Licensing Board enter a Final Order finding Mr. David Morton to have violated Florida Statutes 489.129(1)(d) and Florida Statutes 489.119. It is further recommended that the Board impose an administrative fine upon the Respondent of $250 and that the Respondent be placed on probation for a period of six months.

RECOMMENDED this 11th day of April, 1983, in Tallahassee, Florida.

MARVIN E. CHAVIS, 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 11th day of April, 1983.

COPIES FURNISHED:

Michael J. Cohen, Esquire Suite 101, Kristin Building

2715 East Oakland Park Boulevard Ft. Lauderdale, Florida 33306

Mr. David Morton 6432 S.W. 24th Street

Miramar, Florida 33023

Mr. Fred Roche Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Mr. James Linnan Executive Director Post Office Box 2

Jacksonville, Florida 32202

Docket for Case No: 82-002861

Orders for Case No: 82-002861