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PINELLAS COUNTY CONSTRUCTION LICENSING BOARD vs JEFFRY D. KNIGHT, 00-004045PL (2000)

Court: Division of Administrative Hearings, Florida Number: 00-004045PL Visitors: 20
Petitioner: PINELLAS COUNTY CONSTRUCTION LICENSING BOARD
Respondent: JEFFRY D. KNIGHT
Judges: CAROLYN S. HOLIFIELD
Agency: Self-contained Agencies
Locations: Largo, Florida
Filed: Oct. 02, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 9, 2001.

Latest Update: Nov. 17, 2024
et if ops, on 0 Cr, ae: PINELLAS COUNTY CONSTRUCTION LICE sinNé BO wh tn f PINELLAS COUNTY CONSTRUCTION LICENSING BOARD, . . Petitioner, O 0-44 On) ho vs COMPLAINT NO. C00-438 JEFFREY D. KNIGHT Respondent ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Pinellas County Construction Licensing Board, hereinafter referred to as "Petitioner," and files this Administrative Complaint against JEFFREY D. KNIGHT, hereinafter referred to as "Respondent," and alleges: |. Petitioner seeks to suspend, revoke or take other disciplinary action against the Respondent as licensee and against his license to practice contracting pursuant to Chapter 89-504, Laws of Florida, as amended. 2. Respondent is a certified communications systems specialty contractor having been issued license C-3510. Respondent's last known address is 17439 1* Street E., Redington Shores, FL 33708. 3. At all times material Respondent was the qualifying contractor for Knight Enterprises. COUNT ONE 4. On or about September 22, 2000, Respondent contracted with two unlicensed persons to perform the work of communications systems specialty contractors. 5. Performing an act which assists a person in the unlicensed practice of contracting is a violation of section 24(2)(e), Chapter 89-504, Laws of Florida, as amended. COUNT TWO 6. Paragraphs 4 - 5 are restated as if in full. 7. Respondent committed misconduct in the practice of contracting in violation of section 24 (2)(m), ‘Chapter 89-504, Laws of Florida, as amended. Based on the foregoing, Respondent violated Section 24 (2)(d)(e)G)(m), Chapter 89-504, Laws of Florida, as amended. SIGNED this 30" day of August, 2000. William J. ns, Executive Director PINELLAS COUNTY CONSTRUCTION LICENSING BOARD Section 24. Revocation or Suspension of Certificate or Registration. — (1) On its own motion or the ventied written complaint of any person, the board may investigate the action of any contractor Certified or registered under this part and hold hearings pursuant to law. When any complaint involves a contractor certified or tegistered under this pan for acts or omissions occurring in any area of the county that has a local board, the board shail forward the complaint to the focal board where the alleged violation occurred for its action. Where no local board exists, or when such local board waives it jurisdiction, the board shall take jurisdiction. The board may take appropriate disciplinary action if the contractor is found to be guilty of or has committed any one of the acts or omissions constituting cause for disciplinary action set out herein or adopted as rules or regulations by the board. (2) The following acts constitute cause for disciplinary action: (a) Obtaining a certificate or registration by fraud or misrepresentation; (b) Being convicted or found guilty, regardiess of adjudication, of a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting; (c) Violation of Chapter 455, Florida Statutes; (d) Wilifutly or deliberately disregarding and violating the applicable building codes or laws of the state, this board, or of any municipality or county of this state; (e) Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificated holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered: (f) Knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate or registration to be used by the uncertified or unregistered person with the intent to evade the Provisions of this part. When a certificate holder or registrant allows his Certificate or registration to be used by one or more business organizations without having any active Participation in the operations, management, or contral of such business organizations, such act constitutes prima facie evidence of an intent to evade the provisions of this part; (g) Acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificated holder Or registrant as set forth on the issued certificated or registration, or in accordance with the personnel of the certificated holder or registrant as ~ Set forth in the application for the certificate or registration, or as later changed as provided in this part; (h) Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial misman- agement or misconduct occurs when: (1) Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and, the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such liens. (2) The contractor has abandoned a customers job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is ‘entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. (3) The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. (i) Being disciplined by any municipality or county for an act or violation of this part, which discipline shall be reviewed by the board before the board takes any disciplinary action of its own. ; (i) Failing.any materia! respect to comply with the provisions of this part. (k) Abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project is to be considered abandoned after 90 days if the contractor terminates the project without notification to the prospective owner and without just cause. (1) Signing a statement with respect to a project or contract falsely Indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor, and materials which results in a financial loss to the owner, purchaser, or contractor: or falsely indicating that workers’ compensation and public liability insurance are Provided. (m) Being found guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the practice of contracting (n) Proceeding on any job without obtaining applicable local building department pemmits and inspections.

Docket for Case No: 00-004045PL
Issue Date Proceedings
Jan. 09, 2001 Order Closing File issued. CASE CLOSED.
Jan. 08, 2001 Notice of Dismissal (filed by Petitioner via facsimile).
Dec. 07, 2000 Notice of Serving Respondent, Knight`s First Set of Interrogatories to Petitioner, Pinellas County Construction Licensing Board (filed via facsimile).
Dec. 01, 2000 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 10, 2001; 9:30 a.m.; Largo, FL).
Nov. 22, 2000 Respondent, Jeffrey D. Knight`s Motion for Continuance of Hearing Scheduled for December 13, 2000, at 10:00 A.M. (filed via facsimile).
Oct. 16, 2000 Response to Amended Revised Initial Order filed.
Oct. 16, 2000 Ltr. to Judge C. Holifield from D. Weinstein In re: response to Item 3 of Amended Revised Initial Order filed.
Oct. 12, 2000 Response to Amended Revised Initial Order (filed by Respondent via facsimile).
Oct. 11, 2000 Response to Amended Revised Initial Order (filed via facsimile).
Oct. 11, 2000 Notice of Hearing issued (hearing set for December 13, 2000; 10:00 a.m.; Largo, FL).
Oct. 11, 2000 Order of Pre-hearing Instructions issued.
Oct. 10, 2000 Ltr. to Judge C. Holifield from W. Owens In re: response to initial order (filed via facsimile).
Oct. 02, 2000 Administrative Complaint filed.
Oct. 02, 2000 Election of Rights filed.
Oct. 02, 2000 Agency referral filed.
Oct. 02, 2000 Initial Order issued.
Source:  Florida - Division of Administrative Hearings

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