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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs STEVEN ROBERT ROBINSON, 07-002233PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-002233PL Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: STEVEN ROBERT ROBINSON
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Mar. 31, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 1, 2008.

Latest Update: Dec. 23, 2024
May 18 200? 9:51 PAGE 3/13 @5/1e/28e7 89:38 8589219186 DEPR } STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case No’s. 2005-040115 2005-056522 STEVEN ROBERT ROBINSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against STEVEN ROBERT ROBINSON ("Respondent") and says: 7 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. Respondent has been at all times material hereto, a Certified General Contractor in the State of Florida, having been issued license number CG C48670 and a Certified Mechanical Contractor in the State of Florida, having been issued license number CM C056250, 3, Respondent’s addresses of record are 8441 SE Retreat Drive, Hobe Sound, Florida 33455 and 6038 Linton Street, Jupiter, Florida 33458. | 4. At all times material hereto, Respondent was the licensed qualifying agent for Florida Contractors of Martin County, Inc. (hereinafter “Florida Contractors”). May 18 200? 9:51 f13 5/18/2687 89:38 8589219186 DEPR PAGE &d i : } 0 5. At all times material hereto, Florida Contractors did not possess a certificate of authority as required by Section 489.1 19(2), Florida Statutes. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth herein, 7. Section 489.119(2), Florida Statutes, provides in part that if an applicant proposes to engage in contracting as business organization, including any partnership, corporation, business trust, or other Jegal entity, or in any name other than the applicant’s legal name, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 8. | Based on the foregoing, Respondent violated Section 489,129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating arule or lawful order of the board, by having violated Section 489.1 19(2), Florida Statutes. FACTS PERTAINING TO CASE NO. 2005-040115 9. On. or about January 24, 2004, Respondent, doing business as Florida Contractors, entered into a contract with Joseline Blanchard (hereinafter “Blanchard”) to construct a room addition at Blanchard’s home located at 1313 NW 6" Street, Boca Raton, Florida. 10. The contract price for the aforementioned project was $44,500,00, 11. Inorabout January 2004, Respondent commenced work on the project, 12. Th or about September 2003, Respondent was issued a building permit (Permit No. 03-6697) from the City of Boca Raton Building Department for the project, 13. Inorabout January 2005, Respondent ceased work on the project. 14. At the time work ceased, the project work was not complete. May 18 200? 9:51 @5/1e/28e7 89:38 8589219186 DEPR PAGE 5/13 } i 15. At the time work ceased, Blanchard had paid Respondent approximately $21,000.00 toward the contract price. 16. Respondent failed to perform any additional work on the project for a period greater than ninety (90) days. COUNT Il 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and nine through sixteen as though fully set forth herein. 18. Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days, COUNT Tit 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one . through five and nine through sixteen as though fully set forth herein. 20. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency ot misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO, 2005-056522 21. On or about April 6, 2005, Respondent, doing business as Florida Contractors, entered into a contract with Maria Suarez (hereinafter “Suatez’”’) to complete hurricane damage repairs to include a re-roof and remodeling of the kitchen at Suarez’s home located at 436 Los Altos Road, Palm Springs, Florida. May 18 200? 9:51 @6/13 5/18/2687 89:38 8589219186 DEPR PAGE } . ) 22. The contract price for the aforementioned project was $38,000.00. 23. ‘In or about April 2005, Respondent commenced work on the project. 24. ‘No permits or inspections were obtained for this project. 23. In or about July 2005, Respondent ceased work on the project. 26. At the time work ceased, the project work was not complete, 27. At the time work ceased, Suarez had paid Respondent approximately $27,750.00 toward the contract price. 28, Respondent failed to perform any additional work on the project for a period greater than ninety (90) days. COUNT IV 29. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-one through twenty-eight as though fully set forth herein. | 30, Based on the foregoing, Respondent violated Section 489.129(1)(o), Florida Statues, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT V: 31. _ , Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-one through twenty-eight as though fully set forth herein. 32. Based on the foregoing, Respondent violated Section 489,129(1)G), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days ifthe contractor terminates the project without just cause or without proper notification to the owner, May 18 200° 9:52 @5/1e/28e7 89:38 8589219186 DEPR ) } PAGE 7/13 including the reason for termination, or fails to perform work without Just cause for 90 consecutive days, COUNT VI 33. Petitioner tealleges and incorporates the allegations set forth in paragraphs one through five and twenty-one through twenty-eight as though fully set forth herein. 34. Based on the foregoing, Respondent violated Section 489, 129(1)(m), Florida Statutes, by committing incompetency or tnisconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate of " registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder, Signed this ed day of Qcrcbur 2006. ae ff Oo elly sistant General Counsel COUNSEL FOR DEPARTMENT: FIiLEéED ‘as d Professional Regulation Department of Business and Department of AGENCY CLERK Professional Regulation Office of the General Counsel 1940 N, Monroe Street, Ste, 42 Tallahassee, FL 32399-2209 curK Siok Z- (ort aay vate_/O- 9-2 3

Docket for Case No: 07-002233PL
Issue Date Proceedings
May 01, 2008 Order Closing Files. CASE CLOSED.
Apr. 30, 2008 Motion to Relinquish Jurisdiction Without Prejudice filed.
Apr. 28, 2008 Order of Pre-hearing Instructions.
Apr. 28, 2008 Notice of Hearing by Video Teleconference (hearing set for June 18 and 19, 2008; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Apr. 15, 2008 Respondent`s Response to Order Granting Motion to Re-open Cases and Requesting Scheduling Information filed.
Apr. 02, 2008 Order Granting Motion to Re-open Cases and Requesting Scheduling Information.
Mar. 14, 2008 Motion to Re-open Case filed.
Jul. 31, 2007 Order Closing Files. CASE CLOSED.
Jul. 30, 2007 Petitioner`s Motion to Cancel Hearing and Relinquish Jurisdiction filed.
Jun. 11, 2007 Order of Consolidation (DOAH Case Nos. 07-2233PL and 07-2340).
Jun. 11, 2007 Order of Pre-hearing Instructions.
Jun. 11, 2007 Notice of Hearing (hearing set for August 14 and 15, 2007; 9:00 a.m.; Boca Raton, FL).
Jun. 06, 2007 Petitioner`s Motion to Consolidate filed.
May 25, 2007 Response to Initial Order.
May 18, 2007 Initial Order.
May 18, 2007 Respondent`s Answer and Affirmative Defenses filed.
May 18, 2007 Administrative Complaint filed.
May 18, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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