STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 87-5604

)

LEE HOLIDAY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the above matter was heard before the Division of Administrative Hearings by its duly designated Hearing Officer, Don W. Davis, on February 9, 1988 in Miami, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Lee Sims, Esquire

Department Of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

For Respondent: Michael B. Holden, Esquire

Litigation Building Suite 204 633 South Andrews Avenue

Fort Lauderdale, Florida 33301 BACKGROUND

By administrative complaint, Petitioner charged Respondent hand been disciplined by a local governmental entity and was therefore in violation of state statutory requirements governing his general contractor's license.

Respondent requested a formal administrative hearing. At the conclusion of the hearing, counsel for the parties stipulated that Respondent had previously settled this case with Petitioner.

Based upon all of the evidence, the following findings of fact are determined:

FINDINGS OF FACTS

The parties stipulated at conclusion of hearing to the matters set forth in the following findings of fact.

Stipulated Facts

1. The Respondent was the subject of a previous administrative complaint filed by the Petitioner. The previous administrative complaint issued by Petitioner was number 76024.

   
   

2. The Respondent did not seek a formal administrative hearing to contest the charges of the previous administrative complaint which consisted of the same fact allegations and statutory violation as set forth in the charges in the instant complaint.

   
   

3. The Respondent and the Petitioner reached an accommodation in regard to the charges set forth in the previous administrative complaint. Petitioner entered a final order in that previous case pursuant to stipulation and settlement which imposed sanctions upon the Respondent. Such final order was signed on November 19, 1987, by J. R. Crockett, Chairman of the Construction Industry Licensing Board and was filed with the Board Clerk on November 24, 1987.

   
   

4. The administrative complaint in Division of Administrative Hearings case number 87-5604 and Petitioner's case number 82716, the instant case, is included in the settlement of Petitioner's case number 76024.

   
   

5. As a result of the previous administrative adjudication of the same cause of action as set forth in the present proceeding, further factual findings in this case are not warranted.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to subsection 120.57(1), Florida Statutes (1987).

   
   

7. As a result of the stipulation of counsel for the parties, the doctrine of res judicata applies and precludes the maintenance of this administrative complaint.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that, in view of the parties's stipulation at hearing, a final

order be entered 1) finding this administrative complaint, as set forth in Division of Administrative Hearings case number 87-5604 and Petitioner's case number 82716, should have been included in the previous disposition of Petitioner's case number 76024 and 2) dismissing further proceedings in this cause.

DONE AND RECOMMENDED this 7th day of March, 1988, in Tallahassee, Leon County, Florida.

DON W. DAVIS

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 7th day of March, 1988.

COPIES FURNISHED:

Lee Sims, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Michael B. Holden, Esquire Litigation Building, Suite 204 633 South Andrews Avenue

Ft. Lauderdale, Florida 33301

William O'Neil General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Fred Seely, Executive Director Department of Professional

Regulation

Post Office Box 2 Jacksonville, Florida 32201

Docket for Case No: 87-005604

Orders for Case No: 87-005604