[2 -2b-04 STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD Final Order No. BPR-2000-01053 Date: $= 14-00 FILED DEPARTMENT OF BUSINESS AND Department of Business and Professional Regulation PROFESSIONAL REGULATION, AGENCY CLERK p at Prada. Wachman, Agency Clerk Petitioner, wy nada MM dé j he -VS- CASE NO.: 95-16327 DOAH CASE NO.: 96-4847 2. LICENSE NO.: CG C013101 Sb -C bo ALLEN M. BREGMAN, Respondent. FINA E THIS MATTER came before the Construction Industry Licensing Board (hereinafter referred to as the “Board”) pursuant to Section 120.57(1)(j), F.S., on February 10, 2000, in Atlantic Beach, Florida, for consideration of the Recommended Order (a copy of which is attached hereto and incorporated herein by reference) issued by the Administrative Law Judge in the above styled case. The Petitioner was represented by Cate O'Dowd, Esq. The Respondent was not present at the Board meeting. Upon consideration of the Administrative Law Judge’s Recommended Order and the arguments of the parties and after a review of the complete record in this matter, the Board makes the following findings: FINDINGS OF FACT 1. The Administrative Law Judge’s Findings of Fact are hereby approved and adopted and incorporated herein by reference. 2. There is clear and convincing evidence to support the Administrative Law Judge’s Findings of Fact. CONCLUSIONS OF LAW 1. The Board has jurisdiction of this matter pursuant to the provisions of Section 120.57(1), and Chapter 489, Florida Statutes. 2. The Administrative Law Judge’s Conclusions of Law, are hereby approved and adopted in toto and incorporated herein by reference. 3. There is clear and convincing evidence to support the Board’s findings and conclusions. THEREFORE, IT iS ORDERED AND ADJUDGED: 1. Counts Il, Hl and IV of the Administrative Complaint are DISMISSED. 2. Respondent is hereby placed on PROBATION for a period of one (1) year. (A) The licensee shall be required to appear before the Probation Committee of the Board at such times as directed by the Board Office, approximately every six (6) months. In connection with each probation appearance, the licensee shall answer questions under oath and shall provide copies of all construction related monthly bank statements, financial statements reflecting a minimum net worth requirement as reflected in Rule 61G4- 15.005(3)(a), F.A.C., permit applications, contracts, and operations questionnaires since the entry of the final order if it is the first probation appearance or since the last probation appearance if it is other than the first probation appearance. In addition, the licensee shall provide such other information or documentation as is requested by either the Department, the Board or the Probation Committee. The licensee shall forward said documentation to the Board in advance of the probation appearance. (B) The burden shall be solely upon the licensee to remember the requirement for said appearance and to take the necessary steps in advance of said appearance to contact the Board office and ascertain the specific time, date, and place of said appearance. The licensee shall not rely on getting notice of said appearance from the Board or the Department. (C) Should the licensee violate any condition of the probation, it shall be considered a violation of Section 489.129(1){j), Florida Statutes, and shall result in further disciplinary action by the Board. (D) Should the licensee’s licensure to practice contracting be suspended or otherwise placed on inactive status, or if the licensee leaves the practice of contracting for thirty (30) days or more, the probation period shail be tolled and shall resume running at the time the licensee reactivates the license or returns to the active practice of contracting, and the licensee shall serve the time remaining in the term of probation. (E) To ensure successful completion of probation, the licensee’s licensure to practice contracting shall be suspended for the period of probation, with the suspension stayed for the period of probation. The time of the suspension and the stay shall run concurrently with the period of probation. If the licensee successfully completes probation, the suspension shall terminate. If the licensee fails to comply with the requirements set forth in the Final Order imposed in this case, or fails to make satisfactory appearances as Determined by the Board, the stay shall be lifted. Once the stay is lifted, the license shall remain in suspended status unless and until a further stay is granted by the Board. 3. Respondent shall pay costs in the amount of Five Hundred Sixty-Four Dollars and Eighteen Cents ($564.18) to the Board within thirty (30) days after the date of filing of the Final Order. 4. Respondent shall pay restitution in the amount of Fifteen Thousand Seven Hundred Eighty-Seven Dollars and Fifty Cents ($15,787.50) to Steve Natale within thirty (30) days after the date of filing of the Final Order. To assure payment of the costs, it is further ordered that all of Respondent's licensure to practice contracting shall be suspended with the imposition of the suspension being stayed for thirty (30) days of the date of filing of the Final Order. If the ordered costs are paid within that thirty (30) day period, the suspension imposed shall not take effect. Upon payment of the costs after the thirty (30) days, the suspension imposed shall be lifted. If the licensee does not pay the costs, within said period, then immediately upon expiration of the stay, he shall surrender his licensure to the investigator of the Department of Business and Professional Regulation or shall mail it to the Board office at 7960 Arlington Expressway, Suite 300, Jacksonville, Florida 32211-7467. A change in your licensure status, including the suspension, revocation, voluntary relinquishment, or involuntary relinquishment of your license does not relieve you of your obligation to pay any fines, costs, interest, or restitution imposed in this order. Pursuant to Section 120.68, Florida Statutes, the Parties are hereby notified that they may appeal this Order by filing an original Notice of Appeal with the Clerk of The Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0792, 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 Business and Professional Regulation. 2 4, day oad. We GAA, 2000. Pilate basa DONE AND ORDERED this Z RICHARD T. COWART, Chair Construction Industry Licensing Board CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to: Allen M. Bregman, 19209 Black Mangrove Court, Boca Raton, Florida, 33498, and by hand delivery/United States Mail to the Construction Industry Licensing Board, 7960 Arlington Expressway, Suite 300, Jacksonville, Florida 32211-7467, and to Cate O’Dowd, Esq., Lead Construction Attorney, 1940 we Monroe +h Street, Suite 60, Tallahassee Florida 32399, on or before 5:00 p.m., this \4 day of Y Y larch , 2000. bomb

Docket for Case No: 96-004847

Orders for Case No: 96-004847