STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

vs.

JOHN R. BISHOP,

Respondent.

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) Case No. 02-0847

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RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was conducted in this case on April 29, 2002, in Tampa, Florida, before William R. Pfeiffer, a duly-appointed Administrative Law Judge.

APPEARANCES

For Petitioner: Patrick L. Butler, Esquire

Department of Business and Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-2202

For Respondent: John R. Bishop, pro se

2212 Spyglass Hill Circle Valrico, Florida 33594

STATEMENT OF THE ISSUES

The issues are whether Respondent violated Section 489.227(1)(f), Florida Statutes, for the reasons stated in the Administrative Complaint, and, if so, what, if any, penalty should be imposed.

PRELIMINARY STATEMENT

Petitioner filed an Administrative Complaint against Respondent on September 5, 2001, alleging unlicensed practice of contracting. Respondent timely requested an administrative hearing before the Division of Administrative Hearings ("DOAH").

At the hearing, Petitioner presented the testimony of three witnesses and submitted 13 exhibits which were admitted into evidence. Respondent appeared pro se but did not offer any exhibits.

Petitioner's attorney received the Transcript on May 13, 2002, and timely filed a Proposed Recommended Order ("PRO") on May 24, 2002, which was duly considered. Respondent did not file a proposed recommended order.

FINDINGS OF FACT

1. Petitioner is the state agency charged with regulating the practice of contracting in the State of Florida.

2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes.

3. At no time material hereto was Respondent duly registered or certified to engage in the practice of contracting pursuant to Part I, Chapter 489, Florida Statutes.

4. Augustine Weekley and Marilyn Weekley, the homeowners of a residence located at 2619 Bayshore Boulevard, Tampa, Florida, sought to remodel specific areas of their home.

5. Initially, Mr. Weekley hired Wedgewood Contractors ("Wedgewood"), a licensed contractor, to perform the construction work. In the fall of 1999, Wedgewood obtained a building permit and commenced work on the Weekley project, but was eventually terminated by Mr. Weekley for unsatisfactory work.

6. Mr. Weekley, a licensed contractor, then hired Respondent to take over the construction work.

7. Mr. Weekley and Respondent entered into an oral contract whereby Respondent would complete work on the Weekley home and he would be paid as the work progressed.

8. Between November 6, 1999 and June 16, 2000, Respondent sent invoices to the Weekleys totaling nearly $30,000 for labor and materials related to the construction work he performed, which amounts were paid in full by the Weekleys.

9. The scope of the work performed by the Respondent as evidenced by the invoices, when considered as a whole, required either licensure or permitting. Admittedly, a building permit cannot be obtained by Respondent because he is not licensed. The building department records of the City of Tampa show that

   Respondent was never identified as the contractor of record for the Weekley project.

10. The Weekleys became concerned when Respondent failed to deliver certain building materials that they had paid him to provide. On June 16, 2000, Respondent abandoned the Weekley project. Thereafter, Mr. Weekley hired another contractor to complete the work required for the project.

11. Although Mr. Weekley is licensed as a general contractor, he did not determine whether Respondent was licensed. At no time did Respondent represent that he was a licensed contractor.

12. The Department's investigative costs for this case total $350.62.

    CONCLUSIONS OF LAW

    
    

13. The Division of Administrative Hearings has jurisdiction over the subject matter and parties to this proceeding. Section 120.57(1), Florida Statutes. The parties were duly noticed for the formal hearing.

14. Section 489.105(3), Florida Statutes, provides, inter alia, that a "contractor" is a person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to

    others and whose job scope is substantially similar to the job scope described in one of the subsections of Section 489.105(3), Florida Statutes.

15. Section 489.105(3)(c), Florida Statutes, provides that a "Residential contractor" means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two habitable stories above no more than one uninhabitable story and accessory use structure in connection therewith.

16. Respondent violated Section 489.227(1)(f), Florida Statutes, by practicing as a contractor without being duly certified or registered as a contractor in the State of Florida.

17. Section 455.227(2), Florida Statutes, authorizes Petitioner to discipline a person who is found guilty of unlicensed contracting.

19. Further, pursuant to Section 455.227(3)(a), Florida Statutes, Petitioner may assess the investigative costs incurred in this matter.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that Petitioner enter a Final Order finding Respondent guilty of violating Section 489.227(1)(f), Florida Statutes, imposing an administrative fine in the amount of

$1,000, and requiring Respondent to pay costs of the Department's investigation in the amount of $350.62.

DONE AND ENTERED this 30th day of July, 2002, in Tallahassee, Leon County, Florida.

WILLIAM R. PFEIFFER

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 30th day of July, 2002.

COPIES FURNISHED:

John R. Bishop

2212 Spyglass Hill Circle Valrico, Florida 33594

Hardy L. Roberts, III, General Counsel Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-2202

Patrick L. Butler, Esquire Department of Business and Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-2202

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 02-000847

Orders for Case No: 02-000847