STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 84-1953

)

REX ALANIZ, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Jacksonville, Florida, on August 10, 1984, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The appearances were:

APPEARANCES

For Petitioner: Charles F. Tunnicliff, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: No appearance

This case arose on Petitioner's Administrative Complaint charging Respondent with theft of a rented asphalt kettle, and conviction of this offense in violation of Subsection 489.129(1)(b), Florida Statutes (F.S.).

FINDINGS OF FACT

1. Respondent has been licensed as a registered roofing contractor at all times relevant to this proceeding. His license number is RC0042041.

   
   

2. On August 30, 1982, Respondent contracted with the Julien P. Benjamin Equipment Company of Jacksonville, Florida, for the rental of an asphalt kettle. Respondent executed this contract in the name of his roofing and remodeling business.

   
   

3. When Respondent failed to return the kettle or make rental payments, the equipment company filed a complaint with the State Attorney. Respondent subsequently entered a plea of guilty to the charge of Grand Theft, second degree, and was placed on 18 months probation, by order of the Duval County Circuit Court dated May 16, 1983.

   
   

4. Respondent returned the kettle and paid the rental fees in March 1983.

   CONCLUSIONS OF LAW

   
   

5. Section 489.129, F.S., 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:

      * * *

      (b) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting.

      
      

6. Respondent rented an asphalt kettle for use in his contracting business. He was convicted of the theft of this kettle in violation of the above provision.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED:

That Petitioner enter a Final Order suspending Respondent's roofing contractor's license for a period of one year.

DONE AND ENTERED this 24th day of August 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 24th day of August 1984.

COPIES FURNISHED:

Charles F. Tunnicliff, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Mr. Rex Alaniz

23 Seatrout Street

Ponte Verde Beach, Florida 32082

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

Jacksonville, Florida 32202

Mr. Fred M. Roche, Secretary Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 84-001953

Orders for Case No: 84-001953