Judges: DIANE K. KIESLING
Agency: Department of Business and Professional Regulation
Latest Update: Aug. 11, 1987
Summary: Violation for licensee to allow unlicensed persons to use license number to pull permits and to operate without a license.
87-0162.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL REGULATION, ) CONSTRUCTION INDUSTRY LICENSING BOARD, )
)
Petitioner, )
)
vs. ) CASE NO. 87-0162
)
GEORGE E. LONGINO, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a formal hearing was held on July 10, 1987, in Jacksonville, Florida, before the Division of Administrative Hearings, by its designated Hearing Officer, Diane K. Kiesling.
APPEARANCES
For Petitioner: W. Douglas Beason, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 332399-1550
For Respondent: William B. Muench, Esquire
438 East Monroe Street Jacksonville, Florida 32201
The issue is whether Respondent's licenses as a certified building contractor, registered mechanical contractor, and certified air conditioning contractor should be revoked or otherwise penalized based on the acts alleged in the Amended Administrative Complaint.
The transcript was filed on July 23, 1987. By agreement at the conclusion of the formal hearing, the parties were to file their proposed findings of fact and conclusions of law within ten (10) days following the filing of the transcript. Neither party filed a proposed order within the time allotted.
Accordingly, no proposed findings of fact or conclusions of law have been considered.
Petitioner presented the testimony of Roberta L. Ackerman, Deborah J. Igou, Steven W. Bell, and Charles Lee Crowe. Petitioner had six (6) exhibits admitted into evidence. Respondent presented the testimony of George E. Longino and Robert Cumpston. Respondent introduced no exhibits.
FINDINGS OF FACT
Findings of Fact 1-13 are made based upon the Stipulation of the parties filed on July 10, 1987.
Respondent is, and was at all times material to the pending amended administrative complaint, a certified building contractor having been issued license number CB CAO9793 by the Florida Construction Industry Licensing Board.
At all times material the pending amended administrative complaint Respondent's certified building contractor license (CB CAO9793) qualified "George E. Longino and Associates, Inc." with the Florida Construction Industry Licensing Board.
Respondent is, and was at all times material to the pending amended administrative complaint, a certified air conditioning contractor having been issued license number CA CO24348 by the Florida Construction Industry Licensing Board.
At all times material to the pending amended administrative complaint, Respondent's certified air conditioning contractor license (CA CO24348) qualified "George E. Longino and Associates, Inc." with the Florida Construction Industry Licensing Board.
Respondent is, and was at all times material to the pending administrative complaint, a registered mechanical contractor having been issued license number PM 0031246 by the Florida Construction Industry Licensing Board.
At all times material to the pending administrative complaint, Respondent's mechanical contractor license qualified "J. C. and Sons, Inc." with the Florida Construction Industry Licensing Board.
At no time material to the pending amended administrative complaint was Respondent the qualifying agent for "First City Contractors, Inc." as defined by Sections 489.105(4) and 489.119, Florida Statutes.
At no time material to the pending amended administrative complaint was Charles L. Crowe registered, certified or otherwise licensed by the Florida Construction Industry Licensing Board.
At no time material to the pending amended administrative complaint was "First City Contractor's, Inc." registered, certified or otherwise licensed by the Florida Construction Industry Licensing Board.
On or about January 23, 1986, Charles L. Crowe d/b/a First City Contractors, Inc., contracted with Steve Bell to construct a room addition at 3110 Carrevero Drive West, Jacksonville, Florida.
The contract price was approximately $25,000.
On or about March 10, 1986, the City of Jacksonville, Building and Zoning Inspection Division, issued building permit number 6196 to George E. Longino and Associates, Inc.
The above referenced building permit was for the construction of a room addition at the residence of Steve Bell, 3110 Carrevero Drive West, Jacksonville, Florida.
The following Findings of Fact are based upon the evidence introduced at formal hearing.
In December, 1985, or January, 1986, Charles L. Crowe, sole owner of First City Contractors, Inc., approached Longino and asked him to become a partner in the business and to pull permits and be the qualifying agent for First City Contractors, Inc. Longino advised Crowe that he would not be interested in doing that until he had resolved certain pending problems with his licenses. Specifically, the Construction Industry Licensing Board had filed a disciplinary action against Respondent's licenses and that case had been heard and a Recommended Order entered on October 30, 1985. The Recommended Order was scheduled to be considered by the Construction Industry Licensing Board on January 9, 1986.
Longino did agree to pull permits for any job on which he would be paid to supervise the construction. Longino did pull the permit and supervise the construction of a garage addition in Arlington, Jacksonville, Florida, for First City Contractors in January or February, 1986.
On January 23, 1986, Charles L. Crowe, doing business as First City Contractors, Inc., entered into a contract with Steve Bell to construct a room addition to a residence located at 3110 Carrevero Drive, Jacksonville, Florida. The contract price was $25,000. Based upon the contract, Crowe asked Longino to use his license number to sign a permit application for the Bell job.
Longino used a building permit application form which he had in his truck and filled in the pertinent information on the building permit application. Specifically, Longino filled in the name of the licensed contractor as "First City Contractors, Inc." and signed his name as the licensee with license number CB CA09793. Longino signed the building permit application on or about the last week of January, 1986.
Financing was not secured for the Bell job until March, 1986. On March 10, 1986, Crowe used the permit application which had been previously signed by Longino and sent an employee of First City Contractors, Inc., Robert Cumpston, to secure a building permit from the City of Jacksonville for the Bell job. Specifically, permit number 6196 was issued based upon the permit application which had been previously signed by Longino.
On February 19, 1986, the Construction Industry Licensing Board entered a Final Order suspending Longino's licenses. Longino received notice of the suspension on February 24, 1986, by certified mail. Longino advised Crowe that his licenses had been suspended within a few days following receipt of the Final Order. Despite the knowledge that Longino's licenses had been suspended, Crowe used the presigned building permit application to secure a building permit for the Bell job on March 10, 1986.
Building permit number 6196 was issued to Longino's license number doing business as George E. Longino and Associates, Inc. The name of the business was changed from that which was stated on the building permit application because Longino was not a qualifying agent for First City Contractors, Inc. He was only a qualifying agent for George E. Longino and Associates, Inc. A permit could not be issued to First City Contractors, Inc. using Longino's license number.
The Bell job was completed using permit number 6196. Longino did supervise that construction and was present at the site on a daily basis. Permit number 6196 was posted at the site. Despite Longino's statements that he did not know that the permit was issued to his license number, it is found that Longino knew or should have known that permit number 6196 was issued to his
license number, doing business as George E. Longino and Associates, Inc. Longino did nothing to remedy the problem even though his licenses had been suspended.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.
Respondent is charged with violating the following sections of the Florida Statutes:
489.129(1) The Board may revoke, suspend, or deny the issuance or renewal of the certificate or registration of a contractor
and impose an administrative fine not to exceed $5,000, place a
contractor on probation, or reprimand or censure a contractor if the contractor, or if the business entity or any general partner, officer, director, trustee, or member of the business entity for which the contractor is a qualifying agent, is found guilty of any of the following acts:
* * *
Aiding or abetting any uncertified or unregistered person to evade any provision of this act.
Knowingly combining or conspiring with an uncertified or unregistered person by allowing one's certificate or registration to be used by any uncertified or unregistered person with intent to evade provisions of this act. When was certificate holder or registrant allows his certificate or registration to be used by one or more companies without having any active participation in the operations, management, or control of such companies, such act constitutes prima facie evidence of an intent to evade the provisions of this act.
* * *
(j) Failure in any material respect to comply with the provisions of this act.
* * *
(m) Upon proof that the licensee is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the practice of contracting.
* * *
In relationship to the allegations that Respondent violated Section 489.129(1)(j), it is further alleged that Respondent violated Section 489.119, 489.105(5), and 489.127(1)(e). Section 489.119 relates to qualifying agents for business organizations and in material part requires that the qualifying agent inform the department in writing when he proposes to engage in contracting with a business organization and that he or the business organization shall supply certain information to the department in order to allow the department to review the financial responsibility, credit and business reputation of the qualifying agent and the business organization prior to issuance of a new certificate or registration in the qualifying agent's name and the name of the business organization. Section 489.105(5) defines "contracting" to mean engaging in business as a contractor. Section 489.127(1)(e) states
(1) No person shall:
* * *
(e) Use or attempt to use a certificate or registration which has been suspended or revoked . . . .
Based upon the foregoing Findings of Facts, it is concluded that Longino knew that Crowe and First City Contractors, Inc. were unlicensed and could not pull a permit without his license number. Longino also knew that a permit would be sought and issued for the Bell job based on his license and not on the license of First City Contractors, Inc. Crowe and First City Contractors, Inc. did engage in business as a contractor without being licensed in violation of Section 489.127. Accordingly, Longino violated Section 489.129(1)(e) by aiding or abetting Crowe and First City Contractors, Inc. to engage in contracting without being certified or registered, and thereby evading the provisions of Chapter 489.
It must also be concluded that Longino violated Section 489.129(1)(f) by permitting First City Contractors, Inc., an unregistered contractor, to use his certificate with the intent to evade the provisions of Chapter 489. Longino allowed his license to be used by First City Contractors, Inc., without having any active participation in the operation, management, or control of that company. Pursuant to Section 489.129(1)(f), this act is prima facie evidence of an intent to evade the provisions of Chapter 489. Longino offered no evidence to overcome this prima facie evidence.
Longino also violated Section 489.129(1)(j) by his failure to comply with the provisions of Chapter 489.119 as it relates to serving as the qualifying agent for First Florida Contractors, Inc. By allowing his license number to be used by First Florida Contractors, Inc., Longino was acting as the qualifying agent for that company without having filed any of the necessary information and without receiving the new certificate or registration as required by Section 489.119.
It is also concluded that Longino violated Section 489.129(1)(j) by contracting on a suspended license in violation of Section 489.127(1)(e). While Longino many not have known that Crowe would use the presigned building permit application after the date on which Longino's license was suspended, it has been found that Longino knew or should have known that the permit issued for the Bell job, which he supervised, was issued based on his license number and his business organization. All of the contracting on the Bell job occurred after Longino's licenses were suspended. Accordingly, Longino did engage in contracting, as that term is defined in Section 489.105(5), to the extent that
he supervised the Bell job and thereby engaged in contracting while his license was suspended.
Finally, it must be concluded that Longino violated Section 489.129(1)(m) based upon all of the foregoing acts and violations. The foregoing acts constitute misconduct in the practice of contracting and are sufficient to sustain this violation.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Professional Regulation, Construction
Industry Licensing Board, enter a Final Order suspending the licenses of George
E. Longino for a period of one (1) year in addition to the previous suspension.
DONE and ENTERED this 11th day of August, 1987, in Leon County, Tallahassee, Florida.
DIANE K. KIESLING
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 11th day of August, 1987.
COPIES FURNISHED:
Van Poole, Secretary Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Fred Seely Executive Director
Construction Industry Licensing Board Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
W. Douglas Beason, Esquire Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
William Bruce Muench, Esquire
438 East Monroe Street Jacksonville, Florida 32201
=================================================================
AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD
DEPARTMENT OF PROFESSIONAL REGULATION,
Petitioner,
vs. CASE NO. 71679
DOAH CASE NO. 87-0162
GEORGE E. LONGINO,
License No. CB CA09793
CA C024348 RM 0031246
Respondent.
/
FINAL ORDER
THIS MATTER came before the Construction Industry Licensing Board pursuant to Section 120.57(1)(b)(9), Florida Statutes, on October 8, 1987, in Tampa, Florida for consideration of the Recommended Order (a copy of which is attached hereto and incorporated herein by reference) issued by the hearing officer in the above styled case. The Petitioner was represented by Douglas A. Shropshire. The Respondent was neither present nor represented by counsel.
Upon consideration of the hearing officers Recommended Order, the exceptions filed, and the arguments of the parties and after a review of the complete record in this matter, the Board makes the following finding:
FINDINGS OF FACT
The hearing officer's findings of fact are hereby approved and adopted.
There is competent, substantial evidence to support the hearing officer's findings of fact.
CONCLUSIONS OF LAW
The Board has jurisdiction of this matter pursuant to the provisions of Section 120.57(1), and Chapter 489, Florida Statutes.
The hearing officer's conclusions of-law, are hereby approved and adopted in toto.
Respondent violated Sections 489.127, 489.129(1)(e),(f),(j) and (m), Florida Statutes.
There is competent substantial evidence to support the Board's findings and conclusions.
WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED:
The Board rejected the Hearing Officer's recommended disposition of this matter for the reasons cited in the Petitioner's Exceptions to the Hearing Officer's Recommended Order which is hereby approved, adopted and fully incorporated hereby by reference.
Respondent's licensure to practice contracting is hereby REVOKED.
Pursuant to Section 120.59, Florida Statutes, the Parties are hereby notified that they may appeal this Order by filing one copy of a Notice of Appeal with the Clerk of the Department of Professional Regulation, 130 North. Monroe Street, Tallahassee, Florida 32301, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty
(30) days of the effective date of this Order.
This Order shall become effective upon filing with the Clerk of the Department of Professional Regulation.
DONE AND ORDERED this 7th day of March 1988.
J R. Crockett, Chairman Construction Industry Licensing
Board
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by certified mail to
George E. Longino 12942 Helm Drive
Jacksonville, Florida 32217
and by hand delivery/United States mail to the Board Clerk, Department of Professional Regulation and its Counsel, 130 North Monroe Street, Tallahassee, Florida 32301, on or before 5:00 p.m., this 11th day of March 1988.
Docket for Case No: 87-000162
Orders for Case No: 87-000162
| Issue Date |
Document |
Summary |
|
Mar. 07, 1988 |
Agency Final Order
|
|
|
Aug. 11, 1987 |
Recommended Order
|
Violation for licensee to allow unlicensed persons to use license number to pull permits and to operate without a license.
|
