The Issue The issues in the case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.
Findings Of Fact The Petitioner is the state agency responsible for licensure and regulation of contractors and electrical contractors operating within the State of Florida. During the period at issue in this case, the Respondent was not licensed as a contractor or as an electrical contractor. Beginning in 2003, the Respondent provided home remodeling and repair services for houses owned by Ms. Enid Shaw. Ms. Shaw, a resident of New York who visits Florida regularly, apparently planned to permanently relocate to Florida at some time in the future. The Respondent met Ms. Shaw during one of Ms. Shaw's visits to Florida, when he was working on the house of an acquaintance of Ms. Shaw. Between 2003 and 2006, Ms. Shaw paid approximately $30,000.00 to the Respondent for the work he performed on her homes. Some of the work performed by the Respondent was outside the jurisdiction of the Petitioner. The Respondent submitted written estimates and invoices to her and, other than a $3,500.00 wire transfer referenced elsewhere herein, Ms. Shaw paid the Respondent by personal check. Ms. Shaw did not obtain receipts from the Respondent, but retained the estimates, invoices, and the processed checks. Ms. Shaw owned a house located at 3411 Silverwood Drive, Orlando, Florida (hereinafter "Silverwood"), and desired to have some repair work performed on the house. Ms. Shaw contacted the Respondent who agreed to meet her at the Silverwood house and tour the house. As they walked through the house, the Respondent made suggestions about how to remedy the deficiencies in the structure. They agreed that he would commence the repair work. Because she did not reside locally, Ms. Shaw was not always present at the home when the work was being done, and she provided a key to the Respondent so that he could enter in her absence. There were water stains on the family room ceiling, and Ms. Shaw knew that, when it rained, water came through the ceiling and would be collected in buckets. The Respondent advised Ms. Shaw that the roof was leaking and offered to repair the roof. Roof repairs were supposedly made, but the roof continued to leak during rain. The Respondent eventually called Ms. Shaw and told her that the entire roof needed to be replaced, that he had already ordered the materials required to replace the roof, that he had already secured the services of an assistant, and that the roof replacement would commence on the day following the telephone call. He informed Ms. Shaw that, because the work was commencing immediately, he needed to have payment by a wire transfer into his account. Ms. Shaw wired $3,500.00 to the Respondent's bank account as requested by the Respondent, but the Respondent did not replace the Silverwood roof on the next day, or on any other day. When the roof repair did not occur, Ms. Shaw began to ask for the return of the $3,500.00, but the Respondent failed to return the money. Though he did not explain his entitlement to retain the money, the Respondent told Ms. Shaw that someone to whom he had loaned his truck had abandoned the vehicle and that his tools had been stolen from the truck. There was no evidence to suggest that the Respondent was entitled to retain the $3,500.00 transfer from Ms. Shaw to his bank account. The Respondent did not replace Ms. Shaw's roof or return the funds to her. Additionally, the Respondent performed other work for Ms. Shaw at the Silverwood home. The Respondent installed a ceiling fan purchased by Ms. Shaw to replace one supposedly removed by previous residents from the Silverwood dining room. Ms. Shaw observed the Respondent turn off the power to the house and connect the fan to the existing electrical wiring. The Respondent also repaired a range hood ventilation fan and replaced a leaking faucet in the Silverwood kitchen. Ms. Shaw owned a house located at 6001 Denson Drive, Orlando, Florida (hereinafter "Denson"). She asked the Respondent to perform repairs on the Denson property, and, as they had done at the Silverwood house, they toured the home, and the Respondent made suggestions as to the work that needed to be done. The Denson roof was not functioning properly. The ceiling was water-stained in several rooms, and a wall in the screen porch was water-damaged. The Respondent repaired the roof deficiencies and the damage caused to the house by the water intrusion. Although Ms. Shaw was not always present at the time of these repairs, she observed the Respondent on one occasion taking a container of an otherwise unidentified black substance to the roof to patch one of the leaks. The interior water damage repaired by the Respondent included removal and reinstallation of ceiling fans and light fixtures in the rooms where the ceiling was repaired. The stove in the Denson kitchen was not functional, and Ms. Shaw purchased a replacement appliance. Although the stove purchased by Ms. Shaw apparently had an electrical plug incompatible with the existing outlet, Ms. Shaw observed the Respondent install the appliance by cutting into the stove's electrical cord and splicing the wiring into the existing outlet, after turning off the power to the house. Ms. Shaw was also present when the Respondent installed a jetted bathtub into an area previously occupied by a bathroom shower stall. The installation included turning off the water supply and the removal and replacement of plumbing lines. At the hearing, Ms. Shaw admitted that the tub she bought was incorrect for the installation location, apparently because the repair access area was on the wrong side of the tub and placed against a wall. She complained that the Respondent installed it nonetheless and that any repairs to the tub will require removal of a portion of a bedroom wall. Ms. Shaw also observed the Respondent remove and replace a bathroom toilet at the Denson house. The Petitioner asserted that the Respondent replaced a malfunctioning swimming pool "generator" at the Denson house, but the testimony presented on this issue was not sufficient to establish the actual nature of the pool equipment replaced, if any, by the Respondent. The Petitioner also asserted that the Respondent replaced an electric garage door opener at the Denson house, but the evidence failed to establish that the Respondent did anything other than replace an existing opener with a new opener and plug the power unit into an existing electrical outlet. Ms. Shaw owned a house located at 5006 Tam Drive, Orlando, Florida (hereinafter "Tam"). As at the other houses, Ms. Shaw asked the Respondent to tour the property and make the repairs on which they agreed. At the Tam house, the Respondent replaced a bathroom toilet and sink. As at the Denson house, the Petitioner asserted that the Respondent replaced an electric garage door opener at the Tam house, but the evidence again failed to establish that the Respondent did anything other than replace the existing opener with a new one and plug the power unit into an existing electrical outlet. There is no credible evidence that Ms. Shaw ever asked the Respondent whether he was licensed by the Petitioner; however, based on the Respondent's statements related to another customer, she believed he had some sort of license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation enter a final order finding that Donald Whyte violated Subsection 489.126(1), Florida Statutes, and imposing a fine of $10,000.00, and, further, violated Subsection 489.531(1), Florida Statutes, and imposing a fine of $3,000.00, for a total administrative fine of $13,000.00. DONE AND ENTERED this 28th day of September, 2010, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of September, 2010. COPIES FURNISHED: Maura M. Bolivar, Esquire Leigh Matchett, Qualified Representative Department of Business and Professional Regulation 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 Donald Whyte 6811 Thousand Oaks Road Orlando, Florida 32818 Amy Toman, Hearing Officer Office of the General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Reginald Dixon, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue for determination in this proceeding is whether Respondent discriminated against Petitioner on the basis of her race, sex, familial status, or association with handicapped individuals in violation of Subsection 760.23(2), Florida Statutes (2003), by refusing to renew Petitioner's lease when it expired or by subjecting Petitioner to different treatment than other similarly situated tenants.
Findings Of Fact Petitioner is a member of a protected class. Petitioner is a female whose race is African-American. Petitioner's household includes children who are under the age of 18 and who are, or who are perceived to be, handicapped. Respondent rents dwelling units to the public at 5455 Pointe Vista Circle, Orlando, Florida. The apartment community is identified in the record as Pointe Vista Apartments (Pointe Vista). Petitioner applied to lease an apartment at Pointe Vista on November 1, 2001. Respondent approved the application and the parties entered into a written lease for a term of "one year" beginning on December 21, 2001, and ending on November 30, 2002. The parties subsequently entered into a renewal lease covering a term from December 1, 2002, through November 30, 2003. Respondent performed various repairs and maintenance jobs in Petitioner's apartment from sometime in March 2003, through September 17, 2003. Petitioner requested most of the repairs, but some of the jobs involved required maintenance. Respondent made six repairs to the air-conditioning system. Some of the repairs to the air-conditioning system were required because Petitioner, or members of her household, had damaged the thermostat. The property manager notified Petitioner in writing that Petitioner was not in compliance with the lease because Petitioner failed to operate the air- conditioning system properly and that a repeat violation within 12 months would be grounds for termination of the lease. The property manager observed the apartment during one of the repairs. On June 26, 2003, the property manager notified Petitioner in writing that Petitioner was not in compliance with the lease because Petitioner failed to maintain the apartment in accordance with the terms of the lease. In particular, doors were "punched" out, wet newspaper was in the kitchen, the carpet was damaged and "extremely" dirty, and the microwave was broken. The notice stated that a repeat violation within 12 months would be grounds for termination of the lease. Orange County scheduled an inspection of Petitioner's apartment on August 12, 2003, to determine if the apartment was eligible for continued "Section 8 rental assistance." Petitioner refused to allow the inspection, and Orange County rescheduled the inspection for August 29, 2003. Petitioner's apartment failed the inspection conducted on August 29, 2003. In order to pass an inspection, Petitioner needed to repair a living room window, stove burners, a garbage disposal, and a loose door panel. Petitioner also needed to eliminate roach infestation and improve housekeeping. The apartment passed a subsequent inspection conducted on September 19, 2003. Respondent notified Petitioner of Respondent's intent not to renew the lease on October 23, 2003. The notice informed Petitioner that she would need to vacate the apartment by November 30, 2003. Petitioner remained in possession of the apartment during December 2003, and paid no rent. The property manager issued a "Three Day Notice to Pay Rent or Deliver Possession." Petitioner returned the keys to the apartment in early January 2004.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Commission enter a final order determining that Respondent did not discriminate against Petitioner when Respondent refused to renew Petitioner's lease. DONE AND ENTERED this 3rd day of November, 2004, in Tallahassee, Leon County, Florida. S DANIEL MANRY 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 3rd day of November, 2004. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Fornetha Judge Rizos 5215 Limelight Circle, Apartment One Orlando, Florida 32839 Cathy L. Lucrezi, Esquire Law Offices of Heist, Weisse, & Lucrezi, P.A. 1661 Estero Boulevard, Suite 20 Post Office Box 2514 Fort Myers Beach, Florida 33932 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue The issue presented for decision in this case is whether Respondent violated Section 509.032, Florida Statutes, as set forth in the Administrative Complaint dated April 3, 2000.
Findings Of Fact Based on the oral and documentary evidence adduced at the final hearing, and the entire record in this proceeding, the following findings of fact are made. At all times relevant to this proceeding, Petitioner is the state agency charged with licensing, regulating, and inspecting public lodging establishments to protect public safety. To accomplish this purpose, Petitioner employs persons trained to respond to citizen complaints about public lodging establishments. Such inspectors visit and inspect the premises about which complaints are made, gather facts, and make reports to document their findings. At all times relevant to this proceeding, Petitioner employed Sean Sylvester Grovesnor ("Grovesnor") as a Sanitation and Safety Specialist assigned to its Division of Hotels and Restaurants. At all times relevant to this proceeding, Respondent 1015 Apartments was a licensed public lodging establishment within the meaning of Section 509.013(4)(a), Florida Statutes, operating under license control number 16-04182H, and located at 1015 Northeast 17th Avenue, Fort Lauderdale, Florida 33304-2465. Responding to a complaint on or about February 10, 2000, Grovesnor visited 1015 Apartments. Grovesnor's inspection revealed various violations. Specifically, Grovesnor observed: balcony railing supports in disrepair in front of Apartment No. 204; no smoke detector in Apartment No. 201; an exit sign hanging from exposed wires by Apartment No. 205; a broken window on south side of the building; water stained ceiling tiles in living room of Apartment No. 201; holes in kitchen cabinets in Apartment no. 201; cold water knob in Apartment No. 201 would not work; faucet head not properly attached to the bathtub in Apartment No. 201; mildew and mildew holes in bathroom ceiling of Apartment No. 104. the sewer line clean out pipe cover was missing in the parking lot. Respondent was informed that all violations must be corrected by February 17, 2000. On or about February 18, 2000, Grovesnor made a callback/reinspection visit for the purpose of determining whether Respondent had corrected the violations noted on the previous visit. None of the violations previously noted had been corrected. Each of the above-described violations constitutes a separate and distinct potential hazard to the health and/or safety of individuals on the premises. The balcony railing violation was corrected on March 17, 2000, by Tim's Welding of Fort Lauderdale.
Recommendation Upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Hotels and Restaurants, enter a final order finding Respondent guilty of violating the above-specified provisions of the Florida Statutes and Florida Administrative Code, and that Respondent be required to pay a fine in the amount of $1,000. DONE AND ENTERED this 13th day of December, 2000, in Tallahassee, Leon County, Florida. FLORENCE SNYDER RIVAS 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 13th day of December, 2000. COPIES FURNISHED: Susan R. McKinley, Director Division of Hotels and Restaurants Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Barbara D. Auger, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Charles F. Tunnicliff Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jean Pierre-Louis 1015 Northeast 17th Avenue Apartment 205 Fort Lauderdale, Florida 33304-2465
The Issue The issue is whether the Petitioner's imposition of an administrative fine of $300 upon the Respondent should be upheld.
Findings Of Fact Riverview Rest Home is an adult congregate living facility which is subject to licensing by the Petitioner. This facility was so licensed on the dates in question, and remains licensed to the present time. On July 23, 1980, members of the professional staff of the Petitioner inspected the Respondent. Based upon this inspection the Respondent was issued a list of violations and deficiencies. In addition to those which were subsequently corrected, the violations in issue are: (1) screens in the kitchen area in need of repair, (2) a toilet which could not be flushed, and was full of human waste, (3) dust and dirt accumulated in the bed frames, and window sills cluttered with dust, lint, cigarette butts, paper and cobwebs, and (4) dirt on the floor under beds. A reinspection of Riverview Rest Home was conducted on August 15, 1980, which revealed the following: A toilet accommodating 4 residents was semi-full of toilet paper, human urine and feces, and emitting a strong odor. Two residents were sitting or lying in rooms in close proximity to this toilet. An attempt to flush this toilet disclosed the tank to be empty and the water to have been cut off. When the water was turned on, the toilet began to leak in a large stream. The toilet seat was loose, broken, and not attached to the base. Heavy accumulations of lint, dust and dirt on bed frames, and window sills cluttered with dust, lint, cigarette butts, bits of paper and cobwebs. The outside screen door adjacent to the kitchen area was torn and in need of repair. Dirty and stained mattresses in resident rooms, dirty, urine stained, and soiled sheets on resident beds. Bathroom fixtures were dirty, stained, in need of cleaning, and the floor around toilets was dirty and wet. The table in the cottage where residents eat was dirty, and showed the residue of a previous meal or meals. Other violations or deficiencies were observed during reinspection, but the above are repeat occurrences of those first noticed on July 23, 1980. In addition, a fire marshall of the City of Holly Hills conducted a fire safety inspection of the Respondent facility on August 4, 1980, and found 5 violations of the City Fire Code. A reinspection was done on August 13, 1980, to verify corrections, and the gas hot water heater which had been found improperly vented, had not been corrected. A second reinspection on August 21, 1980, found the gas hot water heater then properly vented, but the emergency lighting system was not working. The Respondent, while not admitting the violations and deficiencies described above, presented no evidence to controvert the testimony of the Petitioners witnesses relative to the results of inspections of the Respondent facility. Essentially, the Respondents position is that all of the alleged deficiencies are first-time violations not subject to fine or penalty. However, there is adequate evidence in the record to support a finding that the violations for which a penalty was assessed were recurring deficiencies not corrected after the Respondent had been advised of their existence.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Petitioner's imposition of an administrative fine in the amount of $300 be upheld. THIS RECOMMENDED ORDER entered on this 12th day of January, 1981. WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of January, 1981. COPIES FURNISHED: Leo J. Stellwagaen, Esq. Assistant District IV Counsel P.O. Box 2417 F Jacksonville, Florida 32231 Leo Siroky Riverview Rest Home 700 Daytona Avenue Holly Hill, Florida 32017
The Issue Whether Respondent committed the offenses alleged in the Administrative Complaint and, if so, the penalties that should be imposed.
Findings Of Fact At all times relevant to this proceeding, Respondent has been licensed by the Petitioner as an electrical contractor. Respondent holds license EC 0002526. Respondent does business as M. H. Electrical Services (M. H. Electrical) at 11512 41st Court North, Royal Palm Beach, Florida. Petitioner is the agency of the State of Florida charged with regulating the practice of construction contracting in the State of Florida pursuant to the provisions of Section 20.165, Chapter 455, and Part II of Chapter 489, Florida Statutes. On May 15, 2007, M. H. Electrical, though the Respondent, drafted a proposal for electrical services to be done on a residence being constructed by Mr. Malone. The location of the residence is 1664 88th Road North, Royal Palm Beach Acreage, Florida. The contract price totaled $5,140.00. Work on the project commenced on May 17, 2007. There were many problems with the work performed by Respondent’s company that were ultimately corrected by Mr. Malone. Respondent’s workmen installed 15 “12 gauge” wires in a 3/4 pipe underground that was inconsistent with the applicable building code. Respondent’s workmen installed a pipe running from one electrical panel to another incorrectly. Respondent’s workmen wired attic fans in a manner that overloaded an electrical panel. Respondent’s workmen installed a ground rod of only three and a half feet. The applicable building code required a ground rod of eight feet. A kick plate is a metal piece that protects electrical wires from being pierced when sheetrock is being installed. Petitioner asserted that Respondent failed to install kick plates. Respondent’s testimony established that kick plates were not necessary due to the depth of the wall studs that were utilized. Respondent’s workmen installed two wires incorrectly in the laundry room of the house. The wires were cut, which caused a fire hazard. Petitioner did not establish that Respondent’s workmen cut the wires. Respondent’s workmen failed to properly ground whirlpool tub wires for two whirlpools by failing to ground the wires to the main pipe as required by the applicable building code. The work did not progress as contemplated by Mr. Malone and by Respondent. As owner of the premises, Mr. Malone called for all inspections of the electrical work. These inspections were performed by employees of the Palm Beach County, Florida, Planning, Zoning and Building Department (the County Building Department). The following is the inspection history between May 21 and October 10, 2007: Temporary Power scheduled for May 21 was cancelled. Temporary power on May 22 passed. Rough electric on June 8 failed. Rough electric on July 9 passed. Rough electric on October 10 failed. The progress of the work was impeded for two primary reasons. First, the testimony of the Respondent, which the undersigned finds to be credible, established that on more than one occasion Mr. Malone did not have necessary materials at the building site. Second, Respondent fired the lead electrician on the subject project approximately two weeks into the project. Following communications with an employee of Florida Power and Light (FPL), Mr. Malone determined that portions of the work performed by Respondent’s employees did not meet the applicable building code. The record is not clear whether this communication occurred before or after the passed inspection on July 9. The last date on which one of Respondent’s employees worked on the project was July 23, 2007. Mr. Malone paid M. H. Electrical the full contract price on July 25, 2007. Mr. Malone and Respondent had a conversation about the communication with the FPL employee. Mr. Malone refused to tell Respondent the name of the FPL employee who stated that some of the work did not meet code. The date of this conversation was not established. Mr. Malone testified that when he paid Respondent on July 25, he believed that a list of ten items needed to be repaired. Mr. Malone further testified that he paid Respondent before these items had been repaired because he believed that Respondent would return to make all necessary repairs. The undersigned finds this testimony to be credible. As of July 25, 2007, when payment was made in full, Respondent knew or should have known that there existed on this project a list of repairs to the electrical wiring that needed to be done. After July 25, 2007, Mr. Malone made repeated efforts to contact Respondent. In response to those calls, Respondent sent an employee to the site to discuss Mr. Malone’s concerns. A locked gate prevented that employee’s entry on the building site. The date of that event was not established. On or before October 10, 2007, Mr. Malone requested another inspection from the County Building Department. That inspection failed. A failed inspection means that there were one or more deficiencies that had to be corrected before the job could progress. The inspector posted a Correction Notice, which advised that the following needed to be done before the job would be accepted: a smoke detector in the master bedroom would have to be relocated to a higher part of the ceiling; a conduit would have to be rerun (this is the deficiency described in paragraph 5 of this Recommended Order); and a ground rod would have to be replaced (this is the deficiency described in paragraph 8 of this Recommended Order). On October 11, 2007, two of Respondent’s employees went to the building site to make any needed corrections. Mr. Malone refused to let the employees on the property. Respondent did not return any of the funds paid by Mr. Malone. Respondent did not terminate the contract. Mr. Malone made all necessary electrical repairs. On April 2, 2008, the project passed final inspection.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Petitioner enter a final order finding Respondent guilty of the violation alleged in Count I of the Administrative Complaint and not guilty of the violation in Count II. It is further RECOMMENDED that for the Count I violation, the final order issue a reprimand to Respondent and impose an administrative fine against Respondent in the amount of $1,000.00. DONE AND ENTERED this 20th day of October, 2009, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 20th day of October, 2009.
The Issue The administrative complaint alleges that J. E. Patterson is licensed as a registered plumbing contractor and as a registered air conditioning contractor, and that he committed these violations of Chapter 489, Florida Statutes: that he did business in a name not included on his license, that he failed to properly update his address with the Board, and that he failed to properly supervise the activity of the firm which undertook construction work under his name. The issue for disposition is whether the violations occurred, and if so, what discipline is appropriate.
Findings Of Fact The records of the Department of Professional Regulation (DPR) reveal that J. E. Patterson has three active licenses, issued pursuant to Chapter 489, Florida Statutes, governing contractors: an electrical contractor's license (ER 0010700), a plumbing contractor's license (RF 005243), and an air conditioning contractor's license (RA 0052424). None of these licenses has ever qualified a firm named "Pro-Mech". The addresses on the licenses are Merritt Island and Titusville, Florida, in Brevard County. Bobby J. Hunter, Sr. is an Investigator Specialist II for DPR who has investigated construction industry license complaints for approximately fourteen years. After receiving a complaint from a building official, Mr. Hunter conducted an investigation of Mr. Patterson and a firm called "Pro-Mech". The investigation included a telephone interview and a personal contact with J. E. Patterson. Patterson admitted to Mr. Hunter that he had done contracting business as "Pro- Mech", and that he did not send change of status forms or apply to have the firm qualified because the firm had become insolvent. Patterson did not admit the other violations. No prior disciplinary actions against this licensee were alleged or proven.
Recommendation Based upon the foregoing, it is hereby RECOMMENDED: that J.E. Patterson be found guilty of violating Sections 489.129(1)(g) and 489.119, Florida Statutes and that a letter of guidance be issued. DONE and ORDERED this 15th day of November, 1988, in Tallahassee, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 15th day of November, 1988. COPIES FURNISHED: David Bryant, Esquire 1107 E. Jackson, Suite 104 Tampa, Florida 33602 J. E. Patterson Post Office Box 2505 Umatilla, Florida 32784 Bruce D. Lamb, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Lawrence A. Gonzalez Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Fred Seely Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32201
Findings Of Fact The following findings of fact are based upon the evidence presented, Respondent's admissions and matters deemed admitted due to Respondent's failure to timely respond to Petitioner's Second Request for Admissions: At all times material hereto, Respondent was licensed by the Construction Industry Licensing Board as a registered air conditioning contractor with license number RA-0035721. He was the qualifying agent for Wallace's Air Conditioning and Heating. Respondent's address of record is 4710 Cypress Ridge Place, Tampa, Florida 33624, and it was to this address that notice of the hearing was sent. At no time prior to the hearing did Respondent contact counsel for Petitioner or the undersigned regarding any problem he had with the date scheduled for this hearing. Respondent did not appear, and was not represented at the hearing which commenced at 9:00 a.m. on May 11, 1988. However, at 1:56 p.m. on the day of hearing, a letter from Respondent addressed to Petitioner's counsel was filed at the Division of Administrative Hearings in Tallahassee, Florida. This letter was postmarked on May 9, 1988 and requests rescheduling of the hearing due to his being out of town on "urgent business." By Order entered on May 13, 1988, Respondent's untimely and insufficient motion for continuance was denied for failure to comply with Rule 22I-6.017, Florida Administrative Code, and this case has proceeded to the issuance of this Recommended Order in accordance with the procedures established at hearing. On or about March 18, 1986, Respondent, as qualifying agent for Wallace's Air Conditioning and Heating, entered into a contract with General Engineering and Machine Company for the installation of heating, ventilation and cooling services (HVAC) at the Sebring Square Plaza shopping mall in Sebring, Florida. The work to be performed included the installation of heating, ventilation, air conditioning and temperature control systems for stores in the mall, which included Zayre's Department Store and thirty "strip stores." The contract price for this work was $275,460. Respondent thereafter began work on the mall under this contract. However, he has never held any certificate of competency, occupational license, or registration in the City of Sebring, as required by local ordinance sections 5-18 and 5-19. On or about May, 1986 Respondent entered into a subcontract agreement with Long's Air Conditioning and Heating for sheetmetal duct work, venting of exhaust fans and installation of flex duct and grilles at the Sebring Square Plaza. The original amount of Respondent's contract with Long's Air Conditioning was $69,200, but this was increased by agreement to $72,200. On or about June 19, 1986, work on the thirty "strip stores" was deleted from this subcontract agreement, and the contract price was then reduced by $3,760, making a final contract price of $68,440. Respondent received draw requests totaling $68,440 from Long's Air Conditioning for work performed under this subcontract. Although all contracted work was performed by Long's Air Conditioning, Respondent has only made payments totaling $66,500, leaving an unpaid amount of $1,940. In connection with his work on the Sebring Square Plaza, Respondent purchased equipment and supplies from Florida Air Conditioners, Inc., in the total amount of $122,019.80, but made no payments on this account. On October 6, 1986, Respondent's account with Florida Air Conditioners was paid in full by Highway 27 Associates, the owners of the Sebring Square Plaza, who in turn charged this amount to the general contractor, General Engineering and Machine Company, by reducing the amount they paid to said general contractor on the Sebring Square Plaza. Charles R. Baldwin was the general administrator on this shopping mall job for the general contractor, General Engineering and Machine Company. In accordance with his subcontract agreement with Respondent, if Respondent did not pay his materialmen, the general contractor was responsible, and, in fact, in this case the general contractor was charged for payments made by the mall owner on Respondent's account at Florida Air Conditioners. Respondent failed to regularly attend weekly job site status meetings with Baldwin. When schedules were established, Respondent voiced no objection, but he then frequently failed to complete work in accordance with those schedules. Respondent made little effort to complete his work on time, or to make up for delays. He failed to supervise the work he was performing at the Sebring Square Plaza. On or about June 24, 1986 Respondent walked off the job without completing the work which he had contracted to perform, and this caused further delay in the mall's completion since Baldwin had to find another contractor to complete Respondent's job. Baldwin paid Respondent $174,467.70 on June 18, 1986 in connection with this job after Respondent signed an affidavit certifying that he had paid all his materialmen and subcontractors. The record establishes that said affidavit was false. With the amount Baldwin was charged for Respondent's unpaid account with Florida Air Conditioners, and the amount paid on June 18, 1986, General Engineering and Machine Company paid or was charged approximately $296,000 for work performed by Respondent, although their contract with Respondent was only $275,460. According to Bernard Verse, who was accepted as an expert in commercial construction, Respondent's failure to pay for supplies and equipment, and his failure to complete his contract with General Engineering and Machine Company constitute misconduct in contracting. In addition, Respondent failed to properly supervise the work he was performing, and for which he contracted, on this job.
Recommendation Based upon the foregoing, it is recommended that the Construction Industry Licensing Board enter a Final Order suspending Respondent's license number RA- 0035721 for one (1) year and imposing an administrative fine of $5,000; provided that after the expiration of thirty (30) days from the issuance of the Final Order if Respondent pays said administrative fine in full, his license shall be immediately reinstated. DONE AND ENTERED this 23rd day of May, 1988, in Tallahassee, Florida. DONALD D. CONN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of May, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-5050 Rulings on Petitioner's Proposed Findings of Fact: 1 Adopted in Finding of Fact 1. 2-3 Adopted in Finding of Fact 3. 4 Adopted in Finding of Fact 4. 5 Adopted in Finding of Fact 9 6 Adopted in Finding of Fact 5. 7 Adopted in Finding of Fact 7. 8 Adopted in Findings of Fact 7, 8. 9-10 Adopted in Finding of Fact 6. Adopted in Finding of Fact 10. Adopted in Finding of Fact 6. Rejected as irrelevant and not based on competent substantial evidence. Adopted in Finding of Fact 7. Rejected as irrelevant. COPIES FURNISHED: David L. Swanson, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Frank W. Wallace 4710 Cypress Ridge Place Tampa, Florida 33624 Fred Seely Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 William O'Neil, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
