STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 83-1631

)

1. WILLIAM HANSEN, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   This matter came on for hearing on September 6, 1983, in Punta Gorda, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:

   
   

   APPEARANCES

   
   

   For Petitioner: Douglas A. Shropshire, Esquire

   Department of Professional Regulation

   130 North Monroe Street Tallahassee, Florida 32301

   
   

   For Respondent: John Polk, Esquire

   First National Bank Building, Suite 306 Punta Gorda, Florida 33950

   
   

   This matter arose on Petitioner's Administrative Complaint charging Respondent with violating Subsection 489.129(1)(i), Florida Statutes (F.S.), which concerns discipline by a local government contracting board. Subsequent to hearing, the parties jointly moved to hold the Recommended Order in abeyance pending resolution of the dispute. The motion was granted, but finally rescinded when no progress had been reported as of March 16, 1984.

   
   

   Petitioner submitted proposed findings of fact and conclusions of law. To the extent these proposed findings have not been adopted or otherwise incorporated herein, they are found to be subordinate, cumulative, immaterial, unnecessary or not supported by evidence.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent is a registered residential and Class A pool contractor having been issued licenses numbered RR 0035167 and RP 0024335. Respondent's address if Route A, Box 19A, Punta Gorda, Florida 33950.

      
      

   2. In 1980, Respondent contracted to and built a pool for Mr. and Mrs. George Ring of Punta Gorda, Florida.

   3. Mr. Robert Berg, the chief building official for the City of Punta Gorda, informed Respondent by letter dated November 13, 1981, that there were code compliance deficiencies in the stem wall constructed by Respondent on the Ring job.

      
      

   4. On April 16, 1982, the City of Punta Gorda Code Enforcement Board issued an official order, signed by its chairman, directing Respondent to begin remedial work on the stem wall within 15 days. The order further provided that a fine of $25 per day would be imposed for each day past the fifteenth day that work was not started.

      
      

   5. Respondent assumed that the 15 days began running when he received the order on April 20, 1982, rather than the April 16 order date. He attempted to begin work on May 2, but was unable to do so as the homeowners were then on vacation.

      
      

   6. Respondent thereafter completed the repairs and, on July 14, 1982, produced an engineer's letter stating that he had inspected the remedial work on the stem wall and found it complied with the building code. The chief building official accepted the engineer's determination and recommended that Respondent's fine be terminated as of July 14, 1982, with an accrued penalty of $1,875.00. These recommendations were later accepted by the Punta Gorda Code Enforcement Board.

      
      

   7. Respondent contends the fine was miscalculated and that he could not have started work within 15 days of receiving the April 16 order since the homeowners were not present. However, the start work directive and the fine provisions of the April 16 order followed two previous orders citing Respondent for noncompliance in this project. See Petitioner's Exhibit 11 (Board order dated February 12, 1982) and Petitioner's Exhibit 13 (Board order dated march 10, 1982). Thus, the fine ordered on April 16 was resorted to by the local board only after other efforts to obtain Respondent's compliance had failed.

      
      

      CONCLUSIONS OF LAW

      
      

   8. Subsection 489.129(1), Florida Statutes, provides in part:

      
      

      1. The board may revoke, suspend, or deny the issuance or renewal of the certificate or registration of a contractor or impose an administrative fine not to exceed $1,000, place the contractor on probation, reprimand or censure, a contractor if the contractor is found guilty of any of the following acts:

         * * *

         1. Disciplinary action by any municipality or county, which action shall be reviewed by the state board before the state board takes any disciplinary action of its own.

            
            

   9. The above provisions empower the Petitioner to discipline Respondent as a result of action by a local government body. Here, Respondent was fined by the Punta Gorda Code Enforcement Board after repeated efforts to obtain compliance with its directives. Respondent had not paid this fine as of the date of the hearing, nor has he since furnished evidence of payment or other resolution of the local board disciplining order.

RECOMMENDATION

From the foregoing, it is RECOMMENDED that Petitioner issue a Final Order suspending Respondent's contractor's licenses until he furnishes evidence that he has obtained release or has paid the local board fine.

DONE AND RECOMMENDED this 12th day of April, 1984 in Tallahassee, Florida.

R. T. CARPENTER Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 12th day of April, 1984.

COPIES FURNISHED:

Douglas A. Shropshire, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

John Polk, Esquire

First National Bank Building Suite 306

Punta Gorda, Florida 33950

James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2

Jacksonville, Florida 32202

Fred M. Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 83-001631

Orders for Case No: 83-001631