The Issue The issue posed for decision herein is whether or not Respondent engaged in acts and/or conduct, which will be set forth hereinafter in detail, in violation of Chapter 489, Florida Statutes, as alleged by Petitioner in its Administrative Complaints filed herein dated December 1, 1981, and March 8, 1982. Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, and the entire record compiled herein, I hereby make the following relevant:
Findings Of Fact By its Administrative Complaints filed herein, Petitioner charges Respondent with three counts of deliberately disregarding the applicable building code, in violation of Section 489.129(1)(d), Florida Statutes (1979), presently codified as Section 489.129(1)(d), Florida Statutes (1981); with violation of Section 489.129(1)(k), Florida Statutes (1979), in that he abandoned a construction project; with violation of Section 489.129(1)(m), Florida Statutes (1979), presently codified as Section 489.129(1)(m), Florida Statutes (1981), in that he is guilty of fraud or deceit or misconduct in the practice of contracting; with violation of Section 489.129(1)(c), Florida Statutes (1979), presently codified as Section 489.129(1)(c), Florida Statutes (1981), to wit: Section 455.227(1)(a), Florida Statutes (1979) in that he is guilty of a misleading, deceptive, untrue or fraudulent representation in the practice of contracting; with violation of Section 489.129(1)(j), Florida Statutes, to wit: Section 489.117(2), Florida Statutes (1979), in that he was engaging in the practice of contracting in a county where he was not properly registered; with violation of Section 489.129(1)(e), Florida Statutes (979), presently codified as Section 489.129(1)(e), Florida Statutes (1981), in that he aided or abetted an unlicensed person to evade the provisions of the contracting license law; with violation of Section 489.129(1)(f), Florida Statutes (1979), presently codified as Section 489.129(1)(f), Florida Statutes (1981), in that he knowingly combined or conspired with an unlicensed person and allowed his registration to be used by an unlicensed person with the intent to evade the provisions of the contracting license law; with violation of Section 489.129(1)(g), Florida Statutes (1979), presently codified as Section 489.129(1)(g), Florida Statutes (1981), in that he acted in the capacity of a contractor in a name other than as registered; with violation of Section 489.129(1)(j), Florida Statutes (1979), presently codified as Section 489.129(1)(j), Florida Statutes (1981), to wit: Sections 489.119(2) and (3), Florida Statutes (1979), in that he failed to properly qualify a company under which he was doing business. In support of the allegations in the Administrative Complaint filed in Case No. 82-1554, Petitioner presented the testimony of Newton B. Webb and Lewis Abbott, and introduced three (3) exhibits into evidence. Respondent testified on his own behalf and introduced no exhibits. In support of the allegations in the Administrative Complaint filed in Case No. 82-1645, Petitioner presented the testimony of Gladys Durden, Carolyn Thomas, and Cory M. Henriksen and introduced four (4) exhibits. Respondent testified on his own behalf and presented the testimony of Abe Anderson. Respondent introduced one (1) exhibit. Respondent is a registered residential contractor having been issued license No. RR0022063. That license was initially issued during 1976 and is current through calendar year 1983. On February 17, 1983, (Case No. 82-1554), Respondent entered into a contract with Newton B. and Flora Mae Webb to construct a fireplace in their trailer for the sum of $1,725. (Petitioner's Exhibit 1) The contract was on a letterhead indicating that the Respondent was doing business as James Construction Company. The fireplace was subsequently constructed by the Respondent and payment was made in full. (Stipulation of counsel, TR p. 10). Respondent did not obtain a building permit to construct the fireplace for the Webbs. The Southern Standard Building Code, which is the building code that was being enforced in Wakulla County, Florida, during times material when the fireplace for the Webbs was being constructed, contains a provision which requires that a permit be obtained for the construction of a fireplace. (TR p. 16; Section 106.1, Southern Standard Building Code.) Respondent is not licensed to engage in the practice of contracting in Wakulla County. The site of the Webb home, where the Respondent constructed the fireplace in question, is in Wakulla County. Respondent has not qualified James Construction Company as the entity through which he would engage in the practice of contracting in Wakulla County. Following completion of the fireplace for the Webbs, Mr. Webb complained that the fireplace was improperly constructed in that smoke poured from the hearth in a profuse manner. Mr. Webb complained that his fire detection alarm was constantly triggered by the smoke pouring out of the chimney. Respondent returned to the Webbs' residence and checked the fireplace and its operation on at least three occasions. On the fourth occasion, Respondent returned to the Webb residence with his counsel and an official from the City of Apalachicola, Florida. A small fire with paper was started and Respondent demonstrated to the Webbs, his attorney, and the building official how the damper in the fireplace operated and what Mr. Webb was doing wrong in the operation of the damper. Respondent gave Mr. Webb and those in attendance a brief demonstration in the proper and correct manner in which the damper should be opened so that the chimney vented properly. During that demonstration, the chimney did not smoke. During an inspection by the building official, Lewis Abbott, the following violations of the Southern Standard Building Code were observed: The chimney did not extend three feet above the roof of the residence. The foundation of the fireplace did not comport with the minimum requirements of the Southern Standard Building Code. The liner between the wall and the flue of the chimney was approximately 3-1/2 inches, whereas the minimum thickness required by the Southern Standard Building Code is 8 inches. A smoke chamber was not installed. The outside chimney was constructed against a combustible wall and the one-inch minimum clearance requirement was not met. The hearth was of insufficient size and was not supported sufficiently by a foundation that meets the minimum requirements of the Southern Standard Building Code. (TR p. 17) It is found that these conditions existed at the Webb residence at the time of Inspector Abbott's inspection. On September 30, 1979, (Case No. 82-1645), Respondent entered into a contract with Gladys M. Durden to rehabilitate her residence for the sum of $12,000. (Stipulation of counsel and TR p. 65). Respondent agreed inter alia, to repair the plumbing; install new flooring; build an extra room; install a new kitchen sink and cabinet; install vinyl floors as needed; and replace several windows and doors. According to Ms. Durden and Carolyn Thomas, Manager of the Federal Block Grant Program, the principal items which the Respondent failed to complete and/or correct centered around problems with the plumbing and his failure to install new flooring in the bathroom. Payment for the construction to the Durden residence was made by draws from the Block Grant Program and Respondent received payment based on two-party checks, which required, for negotiation, that both payees (Respondent and the homeowner-- Gladys Durden) sign the check. At the time Respondent presented the check representing final payment for construction to the Durden residence, Ms. Durden refused to sign it based on her claim that Respondent had failed to complete all of the work as contracted. Respondent presented the check for payment, which was honored, at the local bank in Apalachicola even though it was not endorsed by Ms. Durden. Prior to receiving payment for the final phase of the work to the Durden residence, Respondent had the construction on the Durden residence checked by the local building officials and a certificate of occupancy was issued which enabled Respondent to receive final payment for the Durden project from the City of Apalachicola's Block Grant Program. After negotiating the check representing the final payment for construction work done to the Durden residence, Respondent did not return to the site despite notification from the City Attorney of Apalachicola, the Block Grant Administrator, Carolyn Thomas, and phone messages received from Ms. Durden. Respondent encountered numerous problems while in the construction phase on the Durden residence. Ms. Durden had ten (10) children living in her home at the time construction was ongoing and, as a result, Respondent had to redo several phases of the work which had been previously done days earlier based on the number of residents living in the Durden home. Respondent did not return to the Durden residence based on his fear that Ms. Durden believed in "voodoo" and his position that he had completed all that was required by him pursuant to the contract. Respondent utilized the services of a plumber, Abe Anderson, to complete the plumbing and flooring phase of the Durden project. Abe Anderson installed a new floor, consisting of 1/2 inch plywood, and a new vinyl covering to the bathroom floor of the Durden residence in all areas except where the bath tub sat in the bathroom. When Respondent left the Durden project the plumbing operated properly. (Testimony of Respondent, Anderson, and Building Inspector Cory M. Henriksen.) Respondent acknowledged that he did not, in all respects, comply with the Southern Standard Building Code in his construction of the fireplace for the Webbs. However, Respondent contends that the code provisions are incorrect and that in any event he has been constructing chimneys in excess of twenty (20) years and that all other builders in the area construct chimneys in the same manner as he. In support of his position in this regard, Respondent points to the fact that most of the chimneys in the area do not satisfy the three-feet- height criteria and that various other sections of the Southern Standard Building Code, which he is charged with violating, are either not required or not followed. Respondent acknowledges the fact, and it is found herein, that he is not registered to engage in contracting in Wakulla County, and that he has not qualified James Construction Company as the entity through which he is conducting his contracting business.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Respondent's license as a registered residential contractor (License No. RR0022063) be placed on probation for a period of one (1) year. It is further RECOMMENDED that Respondent be assessed an administrative fine in the amount of five hundred dollars ($500). RECOMMENDED this 26th day of July, 1983, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of July, 1983.
The Issue Whether Respondent committed the offenses described in the administrative complaint? If so, what disciplinary action should be taken against him?
Findings Of Fact Respondent is now, and has been since 1982, a roofing contractor licensed to practice in the State of Florida. He holds license number RC 0041149. At all times material hereto, Respondent has been the licensed qualifying agent for Reinforcement Roofing and Painting Company (Reinforcement). On or about November 29, 1987, Reinforcement, through Respondent, entered into a written contract with Wayne Leidecker in which it agreed, for $4,655.00, excluding permit fees and taxes, to replace the roof on Leidecker's residence, located at 18280 S.W. 202nd Street in Miami, Florida. Shortly thereafter, Reinforcement obtained a permit from the Metropolitan Dade County Building and Zoning Department to perform the work specified in the contract. It then proceeded to begin work on the project. The felt underlayer of the new roof was improperly installed. Reinforcement laid the shingles over this improperly installed felt underlayer without first calling for a tin cap/anchor sheet inspection, in willful violation of the local building code. The result was a roof having a "wavy" appearance. To make matters worse, some of the shingles were not properly fastened to the roof deck. Furthermore, the metal eaves and gable drips were installed too close to the facie in violation of the local building code. The work on the Leidecker project, which was performed under the supervision of Respondent, was completed in January, 1988. The job, however, having been done in an incompetent manner, failed its final inspection. Efforts were subsequently made by Reinforcement, under the direction of Respondent, to correct the foregoing problems. These efforts were inadequate and unsuccessful. Consequently, the project was still unable to pass a final inspection. Leidecker was growing increasingly impatient. In the latter part of 1988, he had Charles H. Walton, the Vice-President of Bob Hilson & Company, Inc., examine the roof. Based upon his examination, Walton concluded, in a written report which he gave Leidecker, that "[d]ue to all of the above deficiencies, South Florida Building Code infractions and the waviness of the shingles, the only way that I can truthfully say that this roof can be properly corrected is to remove this existing shingle roof entirely to a smooth workable surface and reinstall a new 3-tab, 20 year type fungus resistant fiberglass shingle roof system, that meets all of the South Florida Building Code specifications and manufacturers' requirements." This was consistent with what Leidecker had been told by the building inspectors who had previously inspected the roof. Accordingly, after receiving Walton's report, Leidecker refused to allow Reinforcement to do any further patchwork on the roof. He expected Reinforcement to take the removal and reinstallation measures Walton had recommended in his written report. He would accept nothing less. By letter dated July 14, 1989, Respondent was informed that a formal hearing would be held before the Dade County Construction Trades Qualifying Board (CTQB) on the following four charges filed against him relating to the Leidecker project: Between November 28, 1987 and January 31, 1989, Reinforcement Roofing & Painting, Co., and/or Louis Gordon as the Qualifying Agent there for as a Roofing and Painting Contractor did unlawfully violate Section 3401.4(c) of the South Florida Building Code (SFBC) by failing to obtain the final roofing inspection required at a roofing job located at 18280 S.W. 202nd Street Miami, Dade County, Florida; said violation evidencing a failure to maintain the affirmative condition of honesty, integrity and good character as required for the issuance of a certificate of competency under Section 10-16(a) of the Code of Metropolitan Dade County. Between November 28, 1987 and January 31, 1989, Reinforcement Roofing & Painting, Co., and/or Louis Gordon as the Qualifying Agent there for as a Roofing and Painting Contractor did unlawfully violate Section 3403.3(h)(2) of the South Florida Building Code (SFBC) by failing to imbed sheets of roofing felt without wrinkles or buckles as required at a roofing job located at 18280 S.W. 202nd Street, Miami, Dade County, Florida; said violation evidencing a failure to maintain the affirmative condition of honesty, integrity and good character as required for the issuance of a certificate of competency under Section 10-16(a) of the Code of Metropolitan Dade County. Between November 28, 1987 and January 31, 1989, Reinforcement Roofing & Painting, Co., and/or Louis Gordon as the Qualifying Agent there for as a Roofing and Painting Contractor did unlawfully violate Section 3408.3(c) of the South Florida Building Code (SFBC) by failing to install metal eave and/or gable drips so the bottom of said metal drips did not touch facie and did [not] have the minimum of a one-half inch clearance from the structure as required at a roofing job located at 18280 S.W. 202nd Street, Miami, Dade County, Florida; said violation evidencing a failure to maintain the affirmative condition of honesty, integrity and good character as required for the issuance of a certificate of competency under Section 10-16(a) of the Code of Metropolitan Dade County. Between November 28, 1987 and January 31, 1989, Reinforcement Roofing & Painting, Co., and/or Louis Gordon as the Qualifying Agent there for as a Roofing and Painting Contractor did unlawfully violate Section 10-22(a) of the Code of Metropolitan Dade County, Florida, in that they did fail to fulfill their contractual obligation to honor a six (6) year warranty in connection with roofing work done on the residence located at 18280 S.W. 202nd Street, Miami, Dade County, Florida. The hearing on these charges was held as scheduled on August 10, 1989. The CTQB found Respondent guilty of Charges 1, 2 and 3 and not guilty of Charge The following penalties were imposed: Charge 1- six-month suspension of Respondent's personal and business certificates and a fine of $1,000.00; Charge 2- six-month suspension of Respondent's personal and business certificates and a fine of $250.00; and Charge 3- official letter of reprimand and a fine of $250.00. In addition, he was directed to pay $257.00 in administrative costs. On October 12, 1989, Respondent made another appearance before the CTQB. He made a request that the foregoing penalties be reduced. His request was granted. The CTQB "lifted" his suspension, but with the caveat that if he did not timely pay his fines the suspension would be reinstated. Respondent failed to make timely payment. As a result, his suspension was reinstated. Neither Reinforcement, nor Respondent in his individual capacity, has yet to take the measures necessary to correct the problems with the Leidecker roof that were caused by the shoddy work done under Respondent's inadequate supervision. Respondent has been disciplined on two separate, prior occasions by the Construction Industry Licensing Board for conduct unrelated to that which is the subject of the charges filed against him in the instant case. On February 12, 1986, the Board issued a final order in Case No. 0053301 imposing a $250.00 administrative fine upon Respondent. On June 16, 1988, in another case, Case No. 81135, the Board fined Respondent $500.00 for violating the provisions of Section 489.129(1)(i), Florida Statutes.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Construction Industry Licensing Board enter a final order finding Respondent guilty of the violations of Section 489.129, Florida Statutes, charged in the instant amended administrative complaint and suspending Respondent's license for a period one year and imposing upon him a fine in the amount of $3,500.00 for having committed these violations. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 27th day of September, 1990. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of September, 1990.
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against him, and, if so, what disciplinary action should be taken against him, if any.
Findings Of Fact At all times material hereto, Respondent has been certified by Petitioner as a building code administrator in the State of Florida. On April 5, 1993, Respondent began his employment with Metropolitan Dade County, Florida, as the permit control division chief in the County's Department of Building & Zoning, now known as the Department of Planning, Development and Regulation. Carlos Bonzon was the head of the County's Department of Building & Zoning and also served as the County's Building Official. The Port of Miami is another department within Metropolitan Dade County. At all times material hereto, Carmen Lunetta was the head of that department. The County desired to expand Terminals 8 and 9 at the Port of Miami to accommodate a Carnival Cruise Lines mega-cruise ship, anticipated to arrive in March 1996. The County was concerned that if it could not offer the taller terminal required for such a large ship, the ship would utilize Port Everglades instead of the Port of Miami. For purposes of construction, Terminals 8 and 9 were "threshold" buildings. A threshold building is one which is of such magnitude or complexity that the construction requires continuous inspections. Those continuous inspections are performed by the on-site "threshold inspector," the engineer of record, who keeps a log of the on-going inspections. The expertise required of a threshold inspector is beyond that of most County field inspectors. When a threshold inspector is involved, the County's inspectors check to make sure the log is being kept up-to-date and on-site. On January 27, 1995, a pre-submittal meeting was attended by representatives of Dade County, of the architect, and of the engineer. Respondent was one of the attendees. The meeting was chaired by Jose Cueto, the "special assistant" to Bonzon. Saul Suarez, the project architect, explained the project, and Cueto advised the attendees that the construction needed to begin even without the County's approval of building plans and the issuance of a permit and that County inspectors would perform "courtesy inspections" to make sure the work was being performed according to the architectural plans. Further, the inspectors were not to stop the construction work although there were no approved plans and no permit. While the South Florida Building Code does not provide for courtesy inspections, it was understood that the courtesy inspections referred to by Cueto were the same as "field visits." In a field visit a County inspector will travel to the job site, observe the construction, and meet with the contractor, engineer, or architect to discuss any concerns they may have. A field visit is not an official inspection required by the South Florida Building Code. Construction work began on Phase I, the foundation for Terminals 8 and 9. By letter dated February 10, 1995, Port Director Lunetta wrote to Building & Zoning Department Director Bonzon, confirming Lunetta's understanding that Bonzon's Department had issued a "conditional permit" for the project, allowing the construction to proceed during the review of construction documents "for the work being performed at this time." By letter dated June 29, 1995, Port Director Lunetta again wrote to Director Bonzon, confirming Lunetta's understanding that Bonzon's Department had issued a "conditional permit" for Phase II of the project, allowing construction to proceed during the review of construction documents "for the work being performed at this time." There is no such permit as a conditional permit under the South Florida Building Code. In July 1995 Cueto conducted a meeting regarding Phase II, the superstructure, which was attended by Respondent and other Building & Zoning Department representatives, the architect, and Port of Miami representatives. Cueto acquainted the attendees with Phase II of the construction and advised that the work would exceed the drawings and approved plans. Cueto outlined the procedures which were set up by Director Bonzon and specified that, in addition to the threshold engineer's inspection, County inspections were to be performed only by the Chief Inspector in each of the trades since the chief inspectors would have the most experience. Cueto also advised that he personally would be in charge of coordinating inspections and plans review as a result of the procedures established by Director Bonzon for the project. As the head of the Department of Building & Zoning and as the County's Building Official, Bonzon had the authority to re-assign duties for the Department's employees. Although Cueto was not certified to review plans and had had no authority over the County's plans review and inspection processes, Respondent and the others attending the January 1995 meeting and the July 1995 meeting understood that Bonzon had delegated to Cueto the responsibilities for ordering inspections and overseeing the processing of the building plans for the project. On July 7, 1995, a building permit was issued for the project. The permit was restricted to "foundation only." Throughout 1995 County inspectors visited the job site. They viewed the construction and verified that the threshold inspection log was on-site and up-to-date. The inspections were not recorded as official inspections because the County's computer would not accept inspection entries before a permit had been issued. The inspectors kept notes regarding their courtesy inspections or field visits. All mandatory inspections under the South Florida Building Code were conducted, both before and after the issuance in July 1995 of the building permit with the restriction limiting construction to foundation only. At the end of 1995 the County re-organized some of its departments, including the Building & Zoning Department. Director Bonzon and his special assistant Jose Cueto were transferred to the transportation department, and Bonzon was no longer the County's Building Official. On January 10, 1996, Respondent was certified by the Secretary of the Dade County Board of Rules and Appeals, subject to approval by the Certification Subcommittee at the January 30, 1996, meeting, to become the County's Building Official. As of that date, Respondent considered himself to have assumed the duties of that office. He did not also become the head of the Department; he remained in his position as Permit Control Division Chief. In either the first or second week of January, Respondent went to the offices of Bonzon and Cueto, who were in the process of moving to their new offices, to say good-by. In Cueto's office, Respondent saw a set of building plans lying on Cueto's window ledge. He asked if those were the plans for Terminals 8 and 9, and Cueto answered in the affirmative. Respondent took the plans and personally delivered them to the Chief Construction Plans Examiner, Frank Quintana. He directed Quintana to do whatever was necessary to expedite the County's review of those plans. Quintana divided the required two sets of plans so two reviewers could be processing them at the same time and personally took them from reviewer to reviewer in order to expedite them as quickly as possible. The expedited review process Respondent directed to occur resulted in the foundation- only restriction being removed from the permit on February 6, 1996. On that date, the construction at Terminals 8 and 9 was 85 to 95 percent complete. Prior to the removal of the foundation-only restriction from the permit on February 6, subcontracting permits for mechanical, electrical, and plumbing work had not been, and could not have been, issued. Respondent immediately reported his discovery of the plans in Cueto's office and his decision to expedite their review to his superiors, Guillermo Olmedillo and Ray Villar. Respondent did not order the construction stopped. He knew that the threshold inspector had been performing on-going inspections, the architect had been regularly on-site, and that County inspectors had been visiting the job site on a regular basis. He also knew that all mandatory inspections had been conducted on schedule. He had no reason to believe that any of the construction was unsafe or that there was any danger to the public as a result of the construction having proceeded without proper permitting. He believed that the work itself was in compliance with the South Florida Building Code. On January 18, 1996, the project architect forwarded to Respondent a request that certain mandatory inspections be made. On January 20, Respondent ordered those inspections to be made. Those were the only inspections which Respondent ordered to be performed. In early March shop drawings were reviewed for a pre- fabricated stairwell. Although the stairs were safe for use by the construction workers, the County reviewer questioned the adequacy of the stairs for use by the public using the terminals. Based upon his concerns, repairs were made to the stairs to strengthen them, and they were subsequently approved as complying with all requirements to insure the public's safety. On March 8, 1996, a temporary certificate of occupancy was issued for Terminals 8 and 9. There was never any danger to the public as a result of the construction of Terminals 8 and 9.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent not guilty and dismissing the Administrative Complaint filed against him in this cause. DONE AND ENTERED this 18th day of December, 1998, in Tallahassee, Leon County, Florida. LINDA M. RIGOT 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 Filed with the Clerk of the Division of Administrative Hearings this 18th day of December, 1998. COPIES FURNISHED: Diane Snell Perera, Esquire Seymour Stern, Esquire Department of Business and Professional Regulation 401 Northwest Second Avenue, Suite N607 Miami, Florida 33128 Gary B. Goldman, Esquire Law Offices of Gary B. Goldman 20700 West Dixie Highway, Suite 100 North Miami Beach, Florida 33180 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Ila Jones, Executive Director Building Code Administrators and Inspectors Board Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Petitioner is entitled to be certified by endorsement as a standard building inspector.
Findings Of Fact Respondent is the agency of the State of Florida that certifies standard building inspectors pursuant to the provisions of Part XII of Chapter 468, Florida Statutes (consisting of Sections 468.601 - 468.633). By application dated November 7, 1996, Petitioner applied for certification as a building inspector. This application contemplated that Petitioner would sit for the certification examination. Respondent determined that Petitioner was qualified to sit for the Principles and Practice portion and the Technical portion of the certification examination. Petitioner did not achieve a passing score on the certification examination. Consequently, his application for certification was rejected. By application dated December 22, 1997, Petitioner applied for certification as a building inspector without having to take the licensure examination. This was properly construed by Respondent to be an application for certification by endorsement. Petitioner requested Respondent to waive the certification examination pursuant to the provisions of Section 468.613, Florida Statutes, which provide as follows: The board shall examine other certification of training programs, as applicable, upon submission to the board for the consideration of an application for certification by endorsement. The board shall waive its examination, qualification, education, or training requirements to the extent that such examination, qualification, education, or training requirements are determined by the board to be comparable with those established by the board. By his application dated December 29, 1997, Petitioner sought certification based upon his qualifications1 and upon what his counsel referred to as "substantially equivalent" exams. The "substantially equivalent" exams to which counsel for Petitioner referred were to the examinations Petitioner passed in order to be licensed as a general contractor and as a roofing contractor. Petitioner's application reflects that he passed licensure examinations during 1983 in Broward County and in Dade County in the general contractor category. Petitioner passed a similar examination in Palm Beach County, Florida, in 1986. Part XII of Chapter 468, Florida Statutes, was created by Chapter 93-166, Laws of Florida. Prior to 1993, there was no state-wide certification of building inspectors. There was no evidence as to the contents of the examinations Petitioner passed in 1983 and 1986, and there was no evidence as to the contents of the certification examination administered by Respondent to candidates for certification as building inspectors. Consequently, there is no basis upon which a comparison of these examinations can be made.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner's application for certification by endorsement be denied. DONE AND ENTERED this 21st day of April, 1999, 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 21st day of April, 1999.
The Issue Whether or not upon inspection conducted by the Petitioner on February 26, 1976, the Respondent failed to have installed exit lights, signs, and globes for the first and second floors, in violation of Section 509.211(2), Florida Statutes and Rule 7C-1.04(3), Florida Administrative Code. Whether or not upon inspection conducted by the Petitioner on February 26, 1976, the Respondent failed to provide a handrail installation from the second to the first floor in violation of Rule 7C-1.03(1), Florida Administrative Code.
Findings Of Fact The Respondent now holds, and on February 26, 1976, held license no. 23-893H, with the State of Florida, Department of Business Regulation, Division of Hotels and Restaurants. An inspection conducted by inspectors for the Petitioner on February 26, 1976, done at the Florence Apartments, 710 Northeast 127th Street, North Miami, Florida, revealed globe lights in the areas of the exits of the first and second floors. These lights were white in color and did not indicate by writing that the areas illuminated were in fact exits. There were no other signs or apparatuses indicating the areas as exits. Inspection on that same day, to wit, February 26, 1976, and in the same location revealed that the rear stairwell within the subject building, within the first and second floors of the building, did not have a handrail presently installed on that rear stairway as called for in Rule 7C-1.03(1), Florida Administrative Code. There had been a handrail there before, but it was removed prior to the inspection. The rear stairs were flanked on one side by a full wall running from the floor to the ceiling, and by a parallel waist high wall opposite the full wall, which may be described as a banister. This banister wall was approximately 4" thick, running the length of the stairs, with a flat surface atop the banister. The flat surface spoken of does not serve the function of a handrail. The subject building was constructed prior to January 1, 1970 and is an apartment house within the meaning of Chapter 509,F.S.
Recommendation It is recommended that a fine in the amount of $100.00 be imposed in lieu of suspension or revocation, for the violation as established in count two of the complaint. DONE and ENTERED THIS 8th day of October, 1976, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: George A. Frix Owner 365 Northeast 125th Street North Miami, Florida 33161 Charles F. Tunnicliff, Esquire Division of Beverage The Johns Building 725 Bronough Street Tallahassee, Florida 32304 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF BUSINESS REGULATION DIVISION OF HOTELS AND RESTAURANTS STATE OF FLORIDA, DIVISION OF HOTELS AND RESTAURANTS, Petitioner, vs. CASE NO. 76-1727 FILE NO. 23-893H ROBERT J. GROVER, TRUSTEE, t/a THE FLORENCE APARTMENTS, Respondent. /
The Issue Whether Respondent's registration as a general contractor should be suspended or revoked, or the respondent otherwise disciplined, for alleged violations of Sections 468.112 (2)(a), (2)(g), and (2)(h), Florida Statutes, as set forth in the Administrative Complaint.
Findings Of Fact Petitioner Phillip H. Bare, Ocala, Florida, is registered with Respondent as a general contractor under the provisions of Chapter 468, Florida Statutes, and was so registered throughout the year of 1977. He operates under the name of American General Corporation of Florida, but that firm has not been qualified to engage in the contracting business in Florida, pursuant to Section 468.107, Florida Statutes. (Petitioner's Exhibits 1, 2, Stipulation, Testimony of Cherry) On August 15, 1977, Respondent, as president of American General Corporation of Florida, entered into a Home Improvement Installment Contract and Note with Joe Wheeler and wife, who reside at Route 2, Box 63, Live Oak, Florida. The contract provided that for a price of $4,250 Respondent would make the following property improvements on the Wheeler residence: Build 12 X 20 Room Addition and finish with paneling, ceiling tile, & all trim. Build 6 X 14 porch with top. Replace all Rotten sills. Replace all Rotten siding. Paint house with latex paint. Repair floor joist. The Wheelers made a down payment of $350 leaving an unpaid balance of $3,900. The promissory note provided for a total financed cost of $6,629.28 payable in monthly payments over a period of seven years. On August 29, 1977, the parties entered into another such contract for additional work to the residence for the price of $1,600 as follows: Install ceiling tile in (2) bed rooms and bathroom complete with trim. Install paneling in (2) bed rooms complete. Install paneling and tile board in bath. Remove old shingles and install new 235lb asphalt shingles. Install 54" kitchen sink complete and hook to water. The Wheelers paid $100 as a down payment on the work and financed the remainder with a total deferred price of $2,100 payable in 48 consecutive monthly installments. (Petitioner's Exhibits 5, 6, Testimony of E. Wheeler, J. Wheeler) Respondent subcontracted the work on the Wheeler residence to one John Compton. Respondent did not secure a Suwannee County Building Permit for the work, nor was he licensed in that county to act in the capacity of a contractor. (Testimony of Respondent, Wilson) On September 12, 1977, Mr. Wheeler signed a Customer's Completion Certificate" wherein he acknowledged that the contract work had been satisfactorily completed. Although Respondent testified that he explained the contents of the document to Wheeler at the time it was executed, Wheeler denied the same and testified that he had not read its contents prior to signing it. (Testimony of Respondent, J. Wheeler, Respondent's Exhibit 1) Prior to completion of the work, the Wheelers noted that certain deficiencies in the work existed, including a floor that "shaked" in the new addition, looseness of wall paneling, failure to replace rotten siding and lower sills, and failure to install ceiling tile in one bedroom. They spoke to workmen on the job who said that they would return and finish the work. However, nothing further was done in spite of the fact that Respondent told Mrs. Wheeler in a telephone conversation that he would be back to complete the job. As a result, Mrs. Wheeler made a complaint to Derl W. Wilson, the building official for Suwannee County. (Testimony of E. Wheeler, J. Wheeler, Wilson) Pursuant to Mrs. Wheeler's complaint, Wilson inspected the premises at some time during the month of September, 1977, and observed that the accomplished work was of a substandard nature involving various violations of the Southern Standard Building Code which had been adopted by Suwannee County in 1975. These violations, which Respondent acknowledged at the hearing to have been committed, included the following: concrete foundation blocks improperly aligned and unsupported by required concrete pad; improper spacing of floor joists at 24 inch rather required 16 inch intervals; use of one-ply instead of two-ply flooring material; failure to extend vent stack for plumbing system in kitchen to a height of 6 inches above the roof line; failure to provide a shutoff valve for cold water line under kitchen sink; failure to cover and protect splices in wiring of ceiling light fixture; failure to install ridge board for support of roof rafters; improperly installing two inch by four inch wood braces in attic; failure to connect sewer line to septic tank. Additionally, Wilson observed various instances of poor workmanship in installation of an electric wall receptacle and connection of the roof of the new addition to the existing building. Further, he noted that due to the improper spacing of floor joists, the substandard plywood flooring was not firm and constituted a safety hazard. (Testimony of Wilson, Petitioner's Composite Exhibit 3) After his inspection, Wilson wrote a letter to Respondent, dated October 18, 1977, pointing out the deficiencies in construction and advising that a complaint would be filed against him unless a building permit was obtained within ten days and the necessary corrections of deficiencies were made. Although Wilson testified that he did not hear from Respondent as a result of the letter, Respondent made several telephone calls to Wilson's office and was informed that he was on vacation. (Testimony of Wilson, Respondent, Respondent's Exhibit 7) On June 14, 1978, Respondent entered a plea of guilty in the County Court of Suwannee County, Florida to a charge of improper construction arising out of the Wheeler contract, and the Court withheld adjudication of guilt in the matter. (Petitioner's Exhibit 9) Respondent was previously convicted in the County Court of Putnam County, Florida, on August 13, 1974 of engaging in the business or acting in capacity of a contractor without being duly registered in the county pursuant to Section 468.105(2), Florida Statutes. On June 16, 1975, Respondent pleaded nolo contendere in the County Court of Alachua County, Florida to a charge arising out of his activities as a home improvement contractor. The Court withheld adjudication of guilt and placed the Respondent on probation for a period of six months and required that he "make necessary repairs to home of victim to satisfaction of Consumer Protection Section of State Attorney's Office, Eighth Judicial Circuit." (Petitioner's Exhibits 7-9) Petitioner has been a building contractor for twelve years. He testified that his subcontractor for the Wheeler job had been competent in the past and he relied on this fact in not closely inspecting the work under the Wheeler contracts. For this reason, he was unaware that the building code violations had occurred until after he had sold the Wheeler contracts and mortgages to a third party who was contacted by the Wheelers regarding the deficiencies. Respondent denied that he abandoned the work because he thought it had been completed until subsequent notification of the Wheeler complaint. He has since made attempts through Counsel to resolve the complaint by having the work performed by a contractor licensed in Suwannee County or by means of a monetary settlement. He further testified that he had inquired of Petitioner's office as to the necessity for obtaining a Suwannee County license prior to commencing the Wheeler contracts and was informed that his registration was valid for work in that county. He acknowledged that he made a "mistake" in not obtaining a building permit and in failing to supervise his subcontractor properly, but stated that the licensing rules in the various counties were "confusing." As to his prior difficulties in Putnam and Alachua Counties, Respondent testified that the Alachua matter involved a complaint raised four or five years after construction regarding quality of workmanship and that he had taken care of the matter. As to the Putnam County case, he testified that he was unaware that a building permit was necessary at the time he did the work for which he was subsequently prosecuted. It is found that Respondent's exculpatory testimony regarding his failure to obtain a building permit or county licensing, and lack of knowledge of code violations with respect to the work performed at the Wheeler residence is not credible. (Testimony of Respondent, Respondent's Exhibits 2-6)
Recommendation That Respondent's registration as a general contractor be suspended for a period of one year and that an administrative penalty in the amount of $500 be imposed, for violation of Section 468.112(2)(a), Florida Statutes. DONE and ENTERED this 23rd day of March, 1979, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 1979. COPIES FURNISHED: Barry Sinoff, Esquire 2400 Independent Square Jacksonville, Florida 32202 C. Valentine Bates, Esquire 726 NW 8th Avenue - Suite B Gainesville, Florida J. K. Linnan, Executive Director Florida Construction Industry Licensing Board Post Office Box 8621
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaints filed against him, and, if so, what disciplinary action should be taken against him, if any.
Findings Of Fact At all times material hereto, Respondent was licensed as a certified general contractor in the State of Florida, having been issued license number CG C000942. At all times material hereto, Respondent was the licensed qualifying agent for Twenty First Century Construction Management, Inc. On September 5, 1992, Willie Janes, doing business as Janes Roofing Contractor, entered into a contract with Debourah Benjamin to replace the roof at her residence located in Margate, Florida. The contract price was $6,748, but Janes later agreed to do the work for $6,248, which was all Benjamin's insurance company would pay. On November 26, 1992, Benjamin gave Janes a check in the amount of $2,200 as a down payment on the work. The check was payable to Willie Janes. At the time Janes entered into his contract with Benjamin, his local roofing license had expired, and he was not licensed as a roofing contractor by the State of Florida. Respondent applied for the roofing permit for the Benjamin job. The City of Margate Building Department issued permit number 11525-R by and through Respondent's licensure on December 3, 1992. Janes commenced work on the Benjamin project on November 26, 1992. On December 8, 1992, the City of Margate Building Department performed a tin tag inspection of the work done by Janes. The work failed the inspection that day but passed two days later. On January 11, 1993, Benjamin issued a second check, in the amount of $2,300, payable to Willie Janes, for the purchase of roof tile. Janes did not order and did not pay for the roof tile until approximately June 25, 1993. The tile was delivered to Benjamin's residence a few days later and placed on the roof for installation but Janes did not return to the project site. The amount of tile delivered to Benjamin's residence was not sufficient to cover the entire roof. On approximately June 25, 1993, Benjamin noticed for the first time that the name of the company on the permit posted at her residence was Twenty First Century Construction. Neither the Respondent nor Twenty First Century Construction Management, Inc., had any involvement in Benjamin's project other than obtaining the building permit. Benjamin contacted the building department which issued the permit and was referred to Petitioner. An employee of Petitioner advised her that the qualifier for Twenty First Century Construction was Respondent. Benjamin had never heard of Respondent at the time. Benjamin contacted Respondent by telephone several times about completing the work commenced by Janes. Respondent repeatedly promised to finish the roof but never did. Benjamin next contacted the Margate Police Department to report the activities of Respondent and Janes. On September 3, 1993, Officer Liberatori of the Margate Police Department spoke to Respondent by telephone, and Respondent promised to complete the work within 30 days. However, Respondent did nothing to complete the work. The last inspection performed on the Benjamin project under permit number 11525-R was the dry-in inspection performed on February 8, 1993. Permit number 11525-R expired on July 8, 1993. In December 1993 Benjamin had the project completed by another contractor. On November 16, 1992, Delos and Barbara Johnson entered into a written contract with Respondent to remodel a porch enclosure at the Johnson residence in Coral Springs, Florida, for a contract price of $10,250. The Johnsons made three payments to Respondent: $1,000 on September 28, 1992; $5,000 on November 17, 1992; and $3,000 on December 2, 1992. On October 12, 1992, Respondent applied for a building permit from the City of Coral Springs for the Johnson remodeling. The City of Coral Springs issued permit number 920004472 by and through Respondent's licensure on November 30, 1992. When the City of Coral Springs issues a building permit, it provides with the permit a list of the required inspections. Respondent proceeded with the construction until December 2, 1992, when he received the third payment. Thereafter, Respondent ceased all construction activities on the Johnson project. Shortly thereafter, the Johnsons learned from the Coral Springs Building Department that their remodeling project had failed to pass the required inspections. When they confronted Respondent regarding his failure to obtain the required inspections, he represented to them that he had made a videotape of all the work he performed, that he himself was a building inspector and could inspect his work, and that he could get a special inspector to inspect the project from the videotape. At no time material hereto was Respondent a certified building inspector. Videotaping a construction project in lieu of obtaining required inspections is not permitted under the South Florida Building Code nor is it permitted by the City of Coral Springs Building Department. Of the required nine inspections for the project, Respondent only obtained three inspections. Of those three, he only passed two. Respondent's failure to obtain the required inspections constitutes a violation of the South Florida Building Code, the minimum standard required for any type of building construction in South Florida. A contractor's failure to adhere to that minimum standard causes harm to the public from deteriorating construction. The Johnsons and the City of Coral Springs Building Department gave Respondent an opportunity to obtain and pass the required inspections and complete the construction project. When Respondent declined to do so, the attorney hired by the Johnsons discharged Respondent. The Johnsons had paid approximately 90 percent of the money they had saved for the porch enclosure to Respondent, and they could not afford to continue with the construction project using the services of another contractor until November 1994. Rick Hugins of Hugins Construction Corp., the remedial contractor, needed to pass the required inspections that Respondent had neglected in order to be permitted by the City of Coral Springs Building Department to complete the project. Work that needed to be inspected was concealed by subsequently- installed construction materials which had to be removed in order that the required inspections could be performed. Numerous code violations were discovered in the concealed work. The work performed by Respondent was below industry standards. The Johnsons paid Hugins Construction Corp. $10,000 to correct the code violations, to pass the required inspections Respondent had missed, and to complete the project. Hugins completed the project by January 23, 1995. Respondent has been previously disciplined by Petitioner on charges of assisting unlicensed activity and of failing to notify Petitioner of his current mailing address and telephone number. That discipline included the payment of an administrative fine and an assessment of costs associated with that investigation and prosecution.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the allegations contained in Counts I and III of the Administrative Complaint filed against him in DOAH Case No. 97- 1365, finding Respondent guilty of the allegations contained in Counts I and II of the Administrative Complaint filed against him in DOAH Case No. 97-1368, requiring Respondent to pay restitution to the Johnsons, assessing against Respondent the costs of investigation and prosecution through the time the final order is entered, and revoking Respondent's certification as a general contractor in the State of Florida. DONE AND ENTERED this 10th day of July, 1998, in Tallahassee, Leon County, Florida. LINDA M. RIGOT 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 Filed with the Clerk of the Division of Administrative Hearings this 10th day of July, 1998. COPIES FURNISHED: Dorota Trzeciecka, Esquire Department of Business and Professional Regulation 401 Northwest Second Avenue, No. N-607 Miami, Florida 33128 Edward Conrad Sawyer, Esquire 1413 North 58th Avenue Hollywood, Florida 33021 Rodney Hurst, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation 7960 Arlington Expressway, Suite 300 Jacksonville, Florida 32211-7467 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact The Respondent, Hodges J. Jefferson, is a registered general contractor having been issued License No. CGC004463. The Petitioner is an agency of the State of Florida charged with regulating the licensure status of contractors in the State of Florida, and with enforcing the requirements of Chapter 489, Florida Statutes, pertaining to licensing and regulation of the practices of general contractors in Florida. On or about March 3, 1979, Respondent, doing business as H. J. Jefferson Brothers Construction, Inc., entered into a contract with Gladston Kemp to construct a room addition on his residence for a total sum of $14,900. The construction loan by which Mr. Kemp was to finance the addition was ultimately approved sometime in April 1979. The Respondent commenced work on the property after the first check was paid him by Mr. Kemp on May 3, 1979. The Respondent worked for two to three days digging the foundation, constructing the foundation and the brick wall involved and then stopped work for a period of four to five weeks. He then came back and worked on the addition, finishing construction of the foundation, the block walls, the tie beam and the bedroom portion of the roof up to the first layer of tar paper on one side of the addition. The other side of the addition to Mr. Kemp's house was left at that point with the roof not being constructed at all. Up to July 20, 1979, Mr. Kemp had paid the Respondent a total of $7,500, inasmuch as the contract called for payments in one-third increments of the total contract price at various stages of construction. At that point the Respondent left the job after being paid $7,500 of the total price. By letter of July 24, 1979, the Respondent demanded an additional $2,900 which would complete approximately the second one-third of the total contract price and on the following day, July 25, Mr. Kemp paid the Respondent the $2,900. Thus, at that point, July 25, 1979, Mr. Kemp had paid the Respondent a total of $10,400. The Respondent did not come back and continue construction of the project. Mr. Kemp tried repeatedly to contact the Respondent, to no avail. After numerous efforts, he contacted him by telephone and the Respondent assured him that he would come by and send "his man" out to commence work, but no one ever appeared to continue the construction. Finally, in October, 1979, Mr. Kemp contacted the Respondent and he once again assured Mr. Kemp that he would come back to finish the job. Additionally, sometime after July 25, 1979, the Respondent demanded $375 from Mr. Kemp to pay for the architectural plans drafted by Edna Mingo, the architect who drafted the plans for the job in January, 1979. Mr. Kemp had already paid the $375 to Edna Mingo in January of 1979. In any event, he relented and gave the Respondent the additional $375 in order to induce him to come back and finish the job. Finally, in the latter part of October 1979, the Respondent returned to the job and began putting rafters on the bedroom portion of the addition. He then asked Mr. Kemp to advance him some more money, over and above the $10,775 Mr. Kemp had already paid him. The roof on one-half of the addition was still not finished, but Mr. Kemp gave the Respondent another $1,700 by check dated November 16, 1979. Approximately two weeks thereafter Mr. Kemp gave the Respondent another $500 in cash. Shortly before Thanksgiving 1979, the Respondent came to the project and asked Mr. Kemp to advance him some more money which Mr. Kemp refused to do. Several days later Mr. Kemp received a "demand letter" from the Respondent asking for more money and reminding him of his obligation to honor the contract. At that point Mr. Kemp contacted the Respondent and met with him at the job site, whereupon Mr. Kemp displayed to him all the checks he had already paid him, informing him of the total amount of money paid and that he did not feel that he owed him any more money. He demanded that the Respondent complete his job. The Respondent, in turn, sent Mr. Kemp a letter on November 21,1979, informing him that he would complete the job if Mr. Kemp gave him the last one- third of the contract price. At that point Mr. Kemp had already given the Respondent $12,975, so, less than one-third of the contract price was still outstanding. The Respondent assured Mr. Kemp in that letter (Petitioner's Exhibit 17, in evidence) that he would complete the job by December 15, 1979. Mr. Kemp gave the Respondent another $2,100 making a total of $15,075 paid to the Respondent (the contract price being $14,900). Respondent did not complete the job in December 1979 and indeed never completed it. He went to Mr. Kemp's house "one night in December" and discussed the job with Mrs. Kemp's wife and assured her that he was going to try and get the job "out of the way" by January. The Respondent never came back to continue working on the job and never communicated with the Kemps after December 1979, except for a fist fight between Mr. Kemp and the Respondent engendered by the bitterness resulting form this dispute which occurred in July 1980. Mr. Kemp and his wife, however, went to the Respondent's home in January 1980 to ask him when he would complete the job. He became abusive and would not give them a copy of the plans so that the Kemps had to get a duplicate copy from the architect so Mr. Kemp could then obtain the appropriate inspections from the building department. There were no extra additions to the contract and the only work ever required of the Respondent was that described on the building plans. The fees fro the electrical, plumbing, and building permits were paid by Mr. Kemp. At the time the Respondent left the job it was approximately 55 percent complete. The roof was incomplete. Mr. Kemp had to do the "rough plumbing," the "finish plumbing," install a half bath, a utility room and a full bath in the bedroom. Mr. Kemp also had to "rough in" the electrical wiring, that is, run the electrical service wiring inside the house for the finish electrical work. Mr. Kemp also had to install drywall and plaster inside and outside the house and completely "finish out" the addition to his home. He supplied some of the labor for this himself and hired various subcontractors to do other portions of the work such that he ultimately spent approximately $9,000 in excess of the amount paid Respondent in order to finish the job in accordance with the building plans. Completion of the work thus cost the Kemps an additional $9.000 above the $15,075 already paid the Respondent, with the use of the monies paid Respondent for the last 45 percent of the work required of him by the contract being unexplained, except for the Respondent's general statement that some of that money was attributable to unaccounted for "overhead" costs. The Respondent left the job in terms of performing any work in October 1979, promised to finish it in December and later in January 1980, and never returned to finish the job or perform any more work such that sometime in the summer of 1980 the Kemps ultimately finished the job through their own labors and that of various subcontractors and materialmen they were forced to hire and pay.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, it is, therefore RECOMMENDED that the contractor's license of Hodges J. Jefferson be suspended for a period of 5 years, provided however, that if he makes full restitution to the Kemps of all monies they expended for labor, materials and permits to complete the work he was contractually obligated to complete within one year from a Final Order herein that that suspension should be terminated and his license reinstated. DONE AND ENTERED this 14th day of March 1984 in Tallahassee, Florida. P. MICHAEL RUFF 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 14th day of March 1984. COPIES FURNISHED: Harold M. Braxton, Esquire 45 Southwest 36th Court Miami, Florida 33135 Hodges J. Jefferson 2250 Northwest 194th Terrace Miami, Florida 33156 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
