STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL REGULATION ) CONSTRUCTION INDUSTRY LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 87-3142

)

CHRISTOPHER JAMESON, )

)

Respondent. )

)

RECOMMENDED ORDER

Final hearing in the above-styled action was held on October 1, 1987, in Orlando, Florida, before Mary Clark, Hearing Officer of the Division of Administrative Hearings.

The hearing was scheduled to commence at 3:00 P.M., as stated in the notice dated August 5, 1987. Neither Mr. Jameson nor any representative on his behalf appeared by 3:30. There was no request for continuance or other contact from Mr. Jameson and his phone number is unlisted. The hearing was convened at 3:30 and Petitioner presented its case, consisting of one witness: Joel Dean, Seminole County Building Official, and eight exhibits.

Petitioner was represented by: David Swanson, Esquire

W. Douglas Beason, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Issue

The Administrative Complaint, dated July 13, 1987, alleges a single violation of Subsection 489.129(1)(i) F.S., disciplinary action by a local government. The issue in this proceeding is whether Respondent committed the violation and, if so, whether action of its own should be taken by the Florida Construction Industry Licensing Board.

Findings of Fact

1. Petitioner's first exhibit consisted of a request for admissions, responded to by Christopher Jameson. This exhibit effectively admits every allegation of the administrative complaint as follows:

   
   

   1. Respondent's name is Christopher Jameson.

   2. Respondent is a certified residential contractor in the State of

      Florida having been issued license number CR C025279.

   3. At all times material to the pending administrative complaint Respondent was a certified residential

      contractor in the State of Florida having been issued license number CR C025279.

   4. At all times material to the pending administrative complaint Respondent's certified residential

      contractor license (CR C025279) qualified "Pulte Homes Corporation" with the Florida Construction Industry Licensing Board.

   5. On or about December 3, 1986, Respondent was disciplined by the Seminole County Board of Building Contractors.

   6. The above referenced disciplinary action consisted of the revocation of Respondent's privilege to do business in

      the unincorporated areas of Seminole County.

      
      

2. At the hearing, Joel Dean, Seminole County Building Official, established further details. Mr. Dean is ex officio member of the Seminole County Contractor's Licensing Board and is custodian of the Board's records.

   
   

   1. Christopher Jameson was qualifying agent and supervisor for Pulte Homes project, Phase I, "Shadowbay", a development of townhouses in Longwood, Florida.

   2. After the units were sold and occupied, the Seminole County building department received approximately fifty

      (50) complaints with regard to the quality of construction.

   3. The complaints were investigated and were referred to the Seminole County Contractor's Licensing Board.

   4. After notice to Mr. Jameson, the Board met and on December 3, 1986, voted to revoke Jameson's County license, thereby preventing him from pulling building permits in Seminole County.

   5. The basis for the action was the contractor's failure to supervise and multiple violations of the Seminole County Building Code.

   6. Christopher Jameson and the Department of Professional Regulation were informed of the Board's action by certified letter dated December 4, 1986.

   7. Christopher Jameson's county contractor's license remains revoked at present.

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the subject matter and parties to this proceeding. Section 120.57(1) F.S. Section 455.225(4) F.S.

   
   

4. Section 489.129(1)(i) F.S. provides that the Construction Industry Licensing Board may take its own disciplinary action when a contractor is the subject of disciplinary action by any municipality or county.

   
   

5. Respondent has admitted that his Seminole County license was revoked and has failed to present any reason why the Board should not take its own disciplinary action.

Recommendation

Based on the foregoing, it is hereby, RECOMMENDED:

That a Final Order be entered suspending Christopher Jameson's Florida residential contractor's license for six months. This penalty should have at least the same monetary effect as the $4,000.00 fine urged by the Department of Professional Regulation Counsel, and the penalty is still consistent with the disciplinary guidelines found in Rules 21E- 17.001(16), 21E-17.002, and 21E-

7.005 F.A.C.

DONE and RECOMMENDED this 30th day of October, 1987 in Tallahassee, Florida.

MARY CLARK

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 30th day of October, 1987.

COPIES FURNISHED:

David Swanson, Esquire

W. Douglas Beason, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Christopher Jameson

381 Shadowbay Blvd., North Longwood, Florida 32779

Fred Seely, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2

Jacksonville, Florida 32201

Tom Gallagher, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

William O'Neil, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Stree Tallahassee, Florida 32399-0750

Docket for Case No: 87-003142

Orders for Case No: 87-003142