STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, CONSTRUCTION )

INDUSTRY LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 83-3123

)

TROY GRIFFIN, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on March 26, 1985, in Jacksonville, Florida, after numerous delays occasioned by the Respondent's incarceration in jail on matters unrelated to the allegations of the Administrative Complaint brought by the Florida Construction Industry Licensing Board. The Administrative Complaint charges that Respondent violated Sections 489.127(1)(f), 489.129(1)(d), (c), and (j), and 489.113(3), Florida Statutes, by failing to honor his warranty, failing to follow a local building code by not subcontracting the plumbing work, and by practicing outside the scope of his license by doing the plumbing work.

APPEARANCES

For Petitioner: Douglas Beason, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Troy Griffin, pro se

7443 North Laura Street Jacksonville, Florida 32208

ISSUES

Whether the Respondent violated the statutes by committing the acts alleged in the Administrative Complaint?

FINDINGS OF FACT

1. Respondent is a registered residential contractor having been issued license number RR 0030688. Respondent's last known address is c/o Griffin Remodeling & Repairs, 7443 Laura Street, Jacksonville, Florida 32208.

   
   

2. On July 9, 1982, Respondent, as qualifier for Griffin Remodeling & Repairs, entered into a contract with Freddie L. Jarrell to repair his home at 2121 Forbes Street, Jacksonville, Florida for $1,000.00. On August 4, 1982,

   Respondent entered into a second contract with Jarrell to do additional work of the same nature on the home. These contracts included painting and retiling a bathroom in the home.

   
   

3. In August 1982, Respondent, or his workmen removed plumbing fixtures in Jarrell's bathroom without obtaining a plumbing permit. Failure to pull a plumbing permit in a timely manner for this type of project is a violation of the Building Code of the City of Jacksonville. The tile was reworked but the plumbing was not reinstalled. There was a controversy between Respondent and Jarrell over who was responsible for plumbing. Respondent arranged for the plumbing to be reinstalled; however, he did not pay for it. The plumber reinstalled the fixtures and thereafter pulled a permit after paying a late fee.

   
   

4. On August 6, 1982, Respondent sought payment for both of the above- referenced contracts. Jarrell refused until Respondent promised to do all work remaining under the contract. The Respondent gave Jarrell a note signed by his secretary which stated Respondent would fix the water closet (toilet), paint the attic screen, reinstall light switches, and remove tile from the front yard.

   The Respondent did not reinstall the switches and reset the water closet.

   
   

5. Respondent was repeatedly contacted and notified by Jarrell that there were items still left undone. Respondent did not return to the project to do those things that he had promised to do.

   
   

6. Respondent was at no time licensed to do plumbing work; however, frequently contractors will pull out fixtures and pay the penalty for not pulling the permit which costs less than having the plumber come out on the job twice.

   
   

   CONCLUSIONS OF LAW

   
   

7. This case was heard and the Recommended Order entered pursuant to Chapter 120.57, Florida Statutes. The Florida Construction Industry Licensing Board has jurisdiction to consider this Recommended Order and to discipline the Respondent pursuant to Section 489.129, Florida Statutes.

   
   

8. The Respondent is specifically charged with violating Sections 489.127(1)(f), 489.129(1)(c)(d) and (j), Florida Statutes, and Section 489.113(3), Florida Statutes. The violation of Section 489.129(1)(c) is based upon the allegation that the Respondent failed to honor his warranty. Respondent stated in writing he would do certain things as a condition demanded by Jarrell before he would pay Respondent. Respondent did not reset the water closet and reinstall the switches as he had represented he would in writing. Although he and Respondent may have had an honest disagreement about who was responsible for the plumbing, Respondent promised in writing to reinstall the toilet. This was a settlement of the dispute and Respondent reneged on this agreement. The Respondent violated Chapter 455 and Section 489.129(1)(c), Florida Statutes, as alleged.

   
   

9. The charge that Respondent violated Section 489.129(1)(j), Florida Statutes, arises from the allegation that Respondent removed the toilet and sink from the bathroom. The facts reveal that Respondent's employees removed these fixtures to do the tile job. There was a controversy between Respondent and Farrell about who was responsible for the plumbing. The Respondent's employees could not get their job done until the fixtures were removed. This was done by Respondent or his employees. However, Respondent refused to reinstall or pay for reinstallation of the fixtures, although he arranged for them to be rehooked

   up. Respondent is in technical violation of this provision; however, contractors frequently remove fixtures and pay the penalty to avoid two service calls by the plumbers.

   
   

10. The allegation that Respondent was guilty of violating Section 489.129(1)(j), Florida Statutes, was based upon the Respondent practicing outside the scope of his license contrary to Section 489.127(1)(f), Florida Statutes. The facts show Respondent's employees did remove the plumbing fixtures. The Respondent is in technical violation of Section 489.127(1)(f), Florida Statutes, and thereby Section 489.129(1)(j).

RECOMMENDATION

Having found the Respondent guilty of violating Section 489.129(1)(c), (d) and (j), it is recommended that his license be suspended for one year and he be given credit for the year during which he was incarcerated and did not practice.

DONE and ORDERED this 16th day of April, 1985, in Tallahassee, Florida.

STEPHEN F. DEAN

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 16th day of April, 1985.

COPIES FURNISHED:

Douglas Beason, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Troy Griffin

7443 North Laura Street Jacksonville, Florida 32208

Fred Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

James Linnan, Executive Director Department of Professional Regulation Construction Industry Licensing Board

P.O. Box 2

Jacksonville, Florida 32202

Docket for Case No: 83-003123

Orders for Case No: 83-003123