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
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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”).
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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.
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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.
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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,
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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.
|