Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: RICHARD E. FOWLER
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: May 10, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 14, 2000.
Latest Update: Mar. 15, 2025
- Pompano Beach, Florida 33062.
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STATE OF FLORIDA 19
DEPARTMENT OF BUSINESS AND PROFESSIONAL naGiippron”
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner, : Case No. 97-05231
ve Oo 90-195!
= RICHARD E. FOWLER
d/b/a RICHARD E. FOWLER, INC.
,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
“REGULATION, ("Petitioner"), files this Administrative Complaint
against RICHARD E. FOWLER, ("Respondent"), and says:
1. Petitioner is the state agency charged with regulating the
. practice of contracting pursuant to Section 20.165, Florida
Statutes, and Chapters 455 and 489, Florida Statutes.
2. The Department of Business and Professional Regulation has
_ Jurisdiction over the unlicensed practice of contracting pursuant
'8(1), Florida Statutes.
3. _Respondent's last known address is 3212 NE 12th Street,
4. Commerce Commercial Joint Venture is an entity consisting
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of Commerce commercial Construction, Inc. and J. Raymond and
Associates, Inc.
5. In 1995, Commerce Commercial Joint venture signed a
contract for the construction of a building for the Beverly Manor
Nursing Home.
6. on October 10, 1995, Commerce Commercial Joint’ Venture
subcontracted with Pasquale J. DilLeo, d/b/a CDL Earth Moving and
paving Company, for stripping, clearing, dirt fill, compaction,
paving, site water, storm, sanitary, and final grading at the
Beverly Manor Nursing Home construction site.
iN) 7. CDL Earth Moving and Paving, Inc. then subcontracted with
Respondent to install a sanitary sewer line at the Beverly Manor
Nursing Home construction site.
8. Section 489.105(3), Florida Statutes, provides in part
that “Contractor” is defined as the person who is qualified for,
“and shall only be responsible for, the project contacted for and
means, except as éxempted in this part, the person who, for
“compensation, undertakes to, submits a bid to, or does himself or
‘by others construct, repair, ‘alter, rémodel, add to, demolish,
subtract from, ox improve any building or struéture:
9. Section 489.105(6), Florida Statutes, provides in part
that “Contracting” is defined as engaging in business as a
contractor and includes, but is not limited to, performance of any
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of the acts sect forth in 489.105 (3). The attempted sale of
contracting services and the negotiation or bid for a contract on
these services also constitutes contracting. .
y 10. -Respondent’s actions in entering into the contract with
cob Earth Moving and Paving, Inc. to install a sanitary sewer line
at the Reverly Manor Nursing Home construction site constitute
contracting pursuant to Sections 489.105(3) and (6), Florida
Statutes.
11. on November 7, 1996, a trench cave-in occurred at the
Ps Beverly Manor Nursing Home construction site. Three of Respondent's
employees were trapped in the trench. Two of the men were
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seriously injured and_one was pronounced dead on the scene.
12. At no time material hereto was Respondent registered,
certified, or otherwise licensed to engage in contracting pursuant
to Chapter 489, Florida Statutes.
count x
Bie Petitioner realleges: and incorporates the allegations set
forth in. Paragraph 1-12 as ; though fully | stated herein.
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14. Respondent violated Section 489. §127(1) (a), Florida
a business
Statutes (1995), by falsely hol ing
organization out as a licensee, certicateholder, or registrant.
15. Section 455. 228, | Florida statutes, provides that the
department may impose an administrative fine not to exceed $5,000
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per incident for violations of Chapters “455 and 489, Florida
Statutes.
COUNT IT
16. Petitioner realleges and incorporates the allegations set
forth in Paragraphs 1-12 as though fully stated herein.
17. Respondent violated Section 489.127(1)(£), Florida
Statutes (1995), by engaging in the business or acting in the.
capacity of a contractor or advertising himself or a business
organization as available to engage in the business or act in the
capacity of a contractor without being duly registered or
certified. .
18. Section 455. 228, | Florida Statutes, provides that the
‘department may impose an administrative fine not to exceed $5, 000
per incident for violations of Chapters 455 and 489, Florida
Statutes.
WHEREFORE, Petitioner respectfully requests the entry of an
Order imposing an a Eko" exceed $5,000.00 per
count, or ¢ any ot ‘rtment deems appropriate.
Signed | this [ i _ day of ° S tnd , 1997.
F | L E D Richard T. Farrell ,
Secretar
Department of Business and Professional Regulation y
DEPUTY CLERK
At
CLER B he yy: G.W. Harrell
K TNA. Lead Construction Attorney
DATE ~ 23- 47
a
pera re ewer
V
COUNSEL FOR DEPARTMENT:
“GW. Harrell ~
Lead Construction Attornéy
Department of Business &
Professional Regulation
Northwood Centre
1940 North Monroe Street
Tallahassee, FL 32399
PLP : 5] 2047
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Se RTE IE TOE Te RRR ne ote En
Docket for Case No: 00-001951
Issue Date |
Proceedings |
Aug. 14, 2000 |
Order Closing File and Relinquishing Jurisdiction issued. CASE CLOSED.
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Jun. 22, 2000 |
Order sent out. (respondent shall respond in writing within 12 days from the date of this order if he opposes petitioner`s motion to relinquish jurisdiction)
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Jun. 20, 2000 |
Petitioner`s Motion to Relinquish Jurisdiction w/exhibits (filed via facsimile).
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Jun. 06, 2000 |
Order of Pre-hearing Instructions sent out.
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Jun. 06, 2000 |
Notice of Video Hearing sent out. (hearing set for September 18, 2000; 1:00 p.m.; Fort Lauderdale and Tallahassee, FL)
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May 31, 2000 |
Petitioner`s Response to Initial Order (filed via facsimile).
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May 17, 2000 |
Initial Order issued. |
May 10, 2000 |
Agency Referral Letter filed.
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May 10, 2000 |
Election of Rights filed.
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May 10, 2000 |
Administrative Complaint filed.
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