The Issue Whether existing Rule 21F-20.009, Florida Administrative Code, is, as a matter of law, an invalid exercise of delegated legislative authority.
Findings Of Fact There were no findings of fact to be made.
The Issue The issue posed for decision herein is whether or not the Respondent, Melvin Stewart, t/a Depar Motel, has engaged in acts and/or conduct, as more particularly set forth in the Notice to Show Cause filed herein, which warrants the Petitioner's proposed sanctions of suspending or revoking the Respondent's license to operate a motel or the assessment of a civil penalty.
Findings Of Fact Based upon my observation of the witness and his demeanor while testifying, the arguments of counsel and the entire record compiled herein, the following relevant facts are found. Melvin Stewart, trading as the Depar Motel, is licensed by the Petitioner and holds license control No. 23-13405H. The Depar Motel is situated at 301 Northwest 62nd Street, Miami, Florida, and is of concrete block and stucco construction. The motel has approximately sixty-three (63) rooms plus a bar and lounge. Rogers Brown is an inspector employed by the Petitioner since approximately 1976. During his tenure, there has been a brief hiatus in his employment during which time he was on leave with the Department of Health and Rehabilitative Services, State of Florida. During the course of his employment, Inspector Brown made a routine inspection of the Depar Hotel on February 7, 1979, and noted that the Depar Motel was not being properly maintained, for reasons set forth hereinafter for which the Respondent, Melvin Stewart, was cited as violating Chapter 509, Florida Statutes, and Rule Chapters 7C-1 and 7C- 3, Florida Administrative Code. Without reciting herein the numerous alleged violations set forth in the Notice to Show Cause /1 or reciting in toto inspector Brown's testimony, the following is a brief summary of the conditions he found at the Depar Motel during his inspection on February 7, 1979. Inspector Brown found that the fire extinguishers at the Depar Motel were located at travel distances of more than seventy-five (75) feet apart. He found inadequate electrical wiring in several rooms, in that electrical wires were burned and exposed, air conditioning wires were exposed in several apartments, electrical shaving receptacles were exposed, electrical wall sockets did not have adequate cover plates and several rooms had no sockets in the bedrooms and bathrooms. (Apartments 33, 51, 10 and 19.) Inspector Brown found several apartment doors with improper locking devices; were poorly sealed; had loose door frames and broken jalousies in the doors and windows. (Apartments 13, 7, 15, 17, 27, 30, 32, 33, 34, 39, 40, 52 and 55.) He also found several rooms which had holes in the bathrooms and living room walls. (Apartments 7, 8, 16, 17, 18, 19, 24, 33, 39, 49, 52, 55, 57 and 59.) Inspector Brown also found several apartments which had inoperable jalousie windows and doors. (Apartments 4, 5, 11, 15, 24, 32, 33, 34, 37, 38, 39, 52, 57 and 60.) Inspector Brown found several rooms with clogged plumbing drains and he observed standing water in several plumbing fixtures, (Apartments 7 and 4.) He also found leaking faucets and hot water handles missing in several apartments. (Apartments 4, 16, 40, 52, 55 and 59.) Inspector Brown also found that several apartments lacked screen windows and that the screen windows in several apartments were torn. (Apartments 1, 4, 8, 10, 12, 15, 28, 29, 32, 34, 40, 51 and 60,) He also observed rodent droppings and roaches in several apartments. (TR. 70-73.) Inspector Brown found weeds, trash and debris outside the building. He noted that several apartments had soiled mattresses and in others the mattresses had no covers. (Apartments 4, 6, 30, 32 and 33.) Finally, Inspector Brown testified that the Respondent did not have on file with the Division a form No. 208, which is required of all licensees. 2/ Chapter 7C-3.02, Florida Administrative Code. The Respondent did not offer any witnesses to refute the charges set forth herein in the Notice to Show Cause or to counter the credited testimony of Inspector Rogers Brown.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: Upon issuance of the Division of Hotels and Restaurants' Final Order herein, the Respondent's license be suspended for a period of one (1) year with the suspension held in abeyance for a period of thirty (30) days, during which time the Respondent be allowed an opportunity to correct the deficiencies cited in the Notice to Show Cause filed herein. In the event that Respondent fails to correct the deficiencies as set forth in the referenced notice during the allowable period, Petitioner shall be authorized to immediately suspend Respondent's license for a period of one (1) year without the necessity for further hearing. Section 509.261(3)(a), Florida Statutes. RECOMMENDED this 7th day of April, 1980, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675
Findings Of Fact Stephen G. Blume, the Respondent, is a state certified Class A contractor under Chapter 489, Florida Statutes. He holds license number CA C009753, and he is the qualifying agent for BCH Mechanical, Inc. (BCH), a Florida corporation, in which Blume is the principle stockholder. BCH is a mechanical contractor and concentrates its efforts in commercial construction work, particularly in shopping center construction. BCH subcontracts from owners or general contractors for the installation of heating, ventilating, and air conditioning for individual establishments within shopping malls. Prior to February 18, 1983, the Respondent contracted with a general contractor for the Respondent to provide heating, ventilation, and air conditioning equipment to approximately 15 stores in the Aventura Mall in Dade County, Florida. The work was of a nature for which the Respondent and BCH were qualified to perform under Chapter 489, Florida Statutes. On February 18, 1983, the Respondent and his company contracted with Richard E. Hahn, doing business as Temp-Rite Air Conditioning and Refrigeration, Inc., to install air conditioning systems in spaces 128, 163, 645, and 677 at the Aventura Mall. See attachment to Respondent's Exhibit 1, and paragraph 3 of the administrative complaint. On February 23, 1983, the Respondent obtained building and mechanical permits to perform heating, ventilation, and air conditioning work on spaces 163, 645, 677, and 128 at the Aventura Mall. See Petitioner's Exhibit 1. The Respondent did not attempt to list the permits in the name of Hahn at the time of application or subsequently. Richard Hahn did not have a certificate of competency to do air conditioning construction work, and was not qualified in Dade County to obtain a permit to do that work himself. He also was not licensed by the Construction Industry Licensing Board to perform this work. The Respondent selected Hahn by the following process. When he got to the mall, he contacted Robert Shaw Controls, the company that was doing work on the concourse air conditioning systems at the mall. Employees of Robert Shaw told the Respondent of three pipe fitting companies that were then doing work at the mall. All three gave the Respondent bids, and Respondent selected Hahn's company as low bidder. There is no evidence that Blume was a friend of Hahn prior to this contract. Respondent's company specializes in installation of air conditioning systems in shops in commercial malls. Respondent's company employs 30 to 40 people. Most of this is handled by his own employees, without subcontracts. Thus, for most of his work, there is no need for a licensed subcontractor. At the Aventura Mall project, the Respondent determined that he needed to hire a subcontractor affiliated with the pipefitters union for the work on first floor shops. The Respondent did not have a bargaining agreement with the pipefitters union, and thus could not call the Dade County pipefitters' hiring hall to hire a pipefitter as a temporary employee. Instead, Respondent had to subcontract the work to a pipe fitter union member. Respondent determined that he needed pipefitter union affiliation because that union was quite strong in Dade County, and use of nonunion members might have caused labor unrest at the mall work site. It was not to the economic advantage of the Respondent to subcontract the work to Hahn. It would have been more profitable to the Respondent to have followed his usual business practice of doing the air conditioning pipe fitting work using his own nonunion pipefitter employees. The Respondent asked Hahn if he was a licensed contractor for his work, whether he was a union pipe fitter, and whether he carried worker's compensation coverage. The Respondent was told by Hahn that he had a license, that he was a journeyman union pipe fitter, and that he did carry worker's compensation coverage. Following his past practice, the Respondent asked Hahn only for proof of his worker's compensation coverage. The Respondent did nothing to attempt to verify the truth of Hahn's assertion that he was a licensed contractor. The Respondent could have verified the existence of Hahn's license by either asking Hahn to show him his license card or by telephoning the license record officer in Dade County and asking that agency to verify Hahn's license. The Respondent did not do either of these things both of which were relatively easy to do. The Respondent had memorized his own contract license number. William Lessaris was employed by the Respondent and BCH Mechanical, Inc., to provide daily supervision of the project. Lessaris was at the job site daily. Other BCH employees were also on the job site. John D. Arition is Mechanical and Building Inspector and Plans Processor for far the Building and Zoning Department of Dade County, Florida. Arition was called by Lessaris to come to the job site to perform the air conditioning inspection. Arition did not tell BCH Mechanical, Inc., when he would arrive. When Arition arrived on the job site, Hahn was there. Arition asked Hahn for his license to do the work. Hahn told Arition that he did not have a license. Arition ordered Hahn to cease work. Hanh picked up his tools and left the job site. Arition then talked with Lessaris and told him about the problem with Hahn. The work was completed satisfactorily, without defects. Subsequently, Hahn was administratively charged with violating various provisions of Dade County construction law, was found to have committed six violations, was fined a total of $2,700 and had his personal certificate of competency suspended for one year. Blume was asked to appear at the hearing, but could not due to prior scheduled work. There is no evidence that Blume was given adequate notice of the date of the hearing, and it appears that he was given only short notice of the precise date. Blume was not subpoened to appear, and was not at fault in failing to appear. Blume voluntarily supplied Dade County with all documentary evidence requested.
Recommendation In consideration of the foregoing, it is recommended that the Petitioner enter a final order finding no violations as alleged, and dismissing the administrative complaint. DONE and ORDERED this 29th day of March, 1985, in Tallahassee, Florida. WILLIAM C. SHERRILL, JR. 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 29th day of March, 1985. COPIES FURNISHED: Mr. Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 H. Reynolds Sampson, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 William Sizemore, Esquire Suite 838, Plaza On The Mall 201 East Kennedy Boulevard Tampa, Florida 33602 Salvatore Carprino, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue The issue is whether Respondent violated Subsection 489.129(1)(q), Florida Statutes (2008),1 by allegedly failing to satisfy within a reasonable time the terms of a civil judgment relating to the practice of the licensee's profession.
Findings Of Fact Petitioner is the agency charged with regulating building contractors in Pinellas County, Florida. Respondent is a building contractor, pursuant to license number C-6811 (RB0042337).2 Respondent is the primary qualifying agent for Timberlore Construction, Inc. (Timberlore). The business address of Timberlore is 2142 B Palm Harbor Boulevard, Palm Harbor, Florida 34683. On February 14, 2002, Timberlore contracted with Cox Air Conditioning and Heating, Inc. (Cox), for the installation of an air-conditioning system at a construction site at 19636 Gulf Boulevard, Indian Shores, Florida 33785. A dispute arose between Timberlore, as the general contractor, and Cox, as the subcontractor. As a result of the dispute, Timberlore sued Cox for breach of contract and negligence and for attorney’s fees and costs. After a non-jury trial, the court entered two final judgments. The first final judgment, entered on December 4, 2008, was a determination of liability. The court found that Cox was not liable for the failure of the air-conditioning unit that Cox had installed. Rather, the court found that excessive humidity caused the failure of the air-conditioning unit and damage to the premises and that the condition was aggravated by Timberlore. The court found that Cox was the prevailing party entitled to attorney’s fees and costs from Timberlore. The second final judgment against Timberlore determined the amount of attorney’s fees and costs. The court ordered Timberlore to pay attorney’s fees of $80,775.00 and costs of $30,423.79 plus annual interest of eight percent. Timberlore repaired the damaged air-conditioning system at the construction site. There is no harm to the consumer. Respondent disputes whether attorney’s fees and costs awarded by a court in a dispute between a contractor and a subcontractor relate to the practice of the licensee's profession within the meaning of Subsection 489.129(1)(q). The only evidence relevant to this issue was the testimony of Petitioner's witness.3 The fact-finder finds the testimony of Petitioner's witness after cross-examination to be credible and persuasive and agrees that the judgment for attorney’s fees and costs, under the facts and circumstances in this case, relates to the practice of the licensee's profession. Respondent has failed to satisfy a civil judgment obtained against the business organization qualified by the licensee within a reasonable time in violation of Subsection 489.129(1)(q).
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Pinellas County Construction Licensing Board enter a final order finding Paul W. Bourdon guilty of violating Subsection 489.129(1)(q) and suspending Paul W. Bourdon's license until the judgment is satisfied. DONE AND ENTERED this 27th day of April, 2010, 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 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of April, 2010.
Findings Of Fact Based on the evidence received at the final hearing, the following findings of fact are made. At all times material to this case, the Respondent, Steven Ary, was a licensed air conditioning contractor in the State of Florida, holding license number CA CO36888. On October 20, 1987, a company named Jenni Temp Refrigeration Company, Inc., entered into a contract with Lauderhill Mall, Lauderhill, Florida, to install three 3 1/2 ton air conditioning units for the sum of $7,875. Jenni Temp was to provide the three separate permits required by the City of Lauderhill, Florida, for the installation. Joseph Roturra, the owner of Jenni Temp Refrigeration Company, Inc., and Respondent had, prior to October 20, 1987, entered into negotiations whereby Respondent would become employed by Jenni Temp as its qualifying agent so that Jenni Temp could engage in air conditioning contracting. Those negotiations ended before any formal efforts were made to have Jenni Temp licensed with Respondent as the qualifying agent. In late 1987, before his negotiations with Jenni Temp broke down, Respondent signed three blank application forms for electrical and air conditioning permits. Respondent then gave the three signed application forms to Joseph Roturra. Respondent knew that neither Joseph Roturra nor his company was licensed for air conditioning work. Joseph Roturra completed the signed blank application forms he received from Respondent and made application with the City of Lauderhill, Florida, for the three permits required for the job at Lauderhill Mall. The name of the applicant on the applications as completed by Joseph Roturra was All Star Service, Inc. Respondent served as the qualifying agent for All Star Service, Inc. The City of Lauderhill did not issue the permits for which Roturra applied using the forms signed by Respondent because permits had been previously issued to another company for the same job. Jenni Temp completed the Lauderhill Mall job without the permits required by local law and without further assistance from Respondent. Respondent did not supervise the job at Lauderhill Mall. There was no final inspection of the work as required by local law.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding Respondent guilty of having violated Sections 489.129(1)(e) and (m), Florida Statutes and which imposes an administrative fine on Respondent in the amount of $500 for the violation of Section 489.129(1)(e), Florida Statutes. It is further recommended that there not be a separate fine for the violation of Section 489.129(1) (m), Florida Statutes, because the conduct that establishes that violation is the same conduct which constitutes the violation for which the administrative fine is recommended. DONE and ENTERED this 22nd day of May, 1989, in Tallahassee, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of May, 1989. APPENDIX The findings of fact contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, l0, 13, 14, 15, 19 and 20 of Petitioner's proposed findings of fact are adopted in substance, insofar as material. The findings of fact contained in paragraphs 11, 12, 16, 17 and 18 of Petitioner's proposed findings of fact are immaterial. COPIES FURNISHED: Kenneth E Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0729 Fred Seely, Executive Director Department of Professional Regulation Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Elizabeth R. Alsobrook, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0729 Steven Ary 1217 N. E 4th Street Pompano Beach, Florida 33306
The Issue Whether the Respondent violated the statutes by committing the acts alleged in the Administrative Complaint?
Findings Of Fact Respondent is a registered residential contractor having been issued license number RR 0030688. Respondent's last known address is c/o Griffin Remodeling & Repairs, 7443 Laura Street, Jacksonville, Florida 32208. On July 9, 1982, Respondent, as qualifier for Griffin Remodeling & Repairs, entered into a contract with Freddie L. Jarrell to repair his home at 2121 Forbes Street, Jacksonville, Florida for $1,000.00. On August 4, 1982, Respondent entered into a second contract with Jarrell to do additional work of the same nature on the home. These contracts included painting and retiling a bathroom in the home. In August 1982, Respondent, or his workmen removed plumbing fixtures in Jarrell's bathroom without obtaining a plumbing permit. Failure to pull a plumbing permit in a timely manner for this type of project is a violation of the Building Code of the City of Jacksonville. The tile was reworked but the plumbing was not reinstalled. There was a controversy between Respondent and Jarrell over who was responsible for plumbing. Respondent arranged for the plumbing to be reinstalled; however, he did not pay for it. The plumber reinstalled the fixtures and thereafter pulled a permit after paying a late fee. On August 6, 1982, Respondent sought payment for both of the above- referenced contracts. Jarrell refused until Respondent promised to do all work remaining under the contract. The Respondent gave Jarrell a note signed by his secretary which stated Respondent would fix the water closet (toilet), paint the attic screen, reinstall light switches, and remove tile from the front yard. The Respondent did not reinstall the switches and reset the water closet. Respondent was repeatedly contacted and notified by Jarrell that there were items still left undone. Respondent did not return to the project to do those things that he had promised to do. Respondent was at no time licensed to do plumbing work; however, frequently contractors will pull out fixtures and pay the penalty for not pulling the permit which costs less than having the plumber come out on the job twice.
Recommendation Having found the Respondent guilty of violating Section 489.129(1)(c), (d) and (j), it is recommended that his license be suspended for one year and he be given credit for the year during which he was incarcerated and did not practice. DONE and ORDERED this 16th day of April, 1985, in Tallahassee, Florida. STEPHEN F. DEAN 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 16th day of April, 1985. COPIES FURNISHED: Douglas Beason, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Troy Griffin 7443 North Laura Street Jacksonville, Florida 32208 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 James Linnan, Executive Director Department of Professional Regulation Construction Industry Licensing Board P.O. Box 2 Jacksonville, Florida 32202
The Issue The issue involved herein is whether or not the Respondent 2/ guilty of violations set forth hereinafter in detail as stated in the Second Amended Notice to Show Cause filed by Petitioner herein. If so, the secondary issue is what penalty, if any, should be assessed for such violations. Based upon my observation of the witnesses and their demeanor while testifying, documentary-evidence received and the entire record compiled herein, I hereby make the following relevant:
Findings Of Fact Robert C. Beiter, Sr. is the trustee and legal owner of the subject premises. On July 24, 1981, Petitioner, through its sanitarian, Richard Bragg, made an inspection of the subject premises situated at 715 Northwest Sixth Avenue, Pompano Beach, Florida. The premises is a public lodging establishment and is licensed by the Division of Hotels and Restaurants under license No. 16- 5268H. During the inspection by Mr. Bragg, the following violations were observed: Fire extinguishers were overdue for service as indicated by the pressure gauges thereon and/or by the lack of service tags thereon. The general condition of the building was run down, paint was peeling from the walls, windows and doors were broken, the roof was leaking, and window screens were missing. A severe infestation of rodents and roaches existed on the premises. Papers and assorted trash were located around the building. There were no outside garbage containers furnished for the building, which contains six apartment units with kitchen/cooking facilities in each apartment. Stairways and walkways were not well lighted and the handrails on the stairways and walkways were loose. Electrical fixtures did not all have covers and were not all in working order. Plumbing fixtures in several apartments were leaking. (Testimony of Richard Bragg, an inspector employed by the Petitioner for approxi- mately 14 years and who has approximately 25 years in the hotel/restaurant business.) Mr. Bragg made subsequent inspections of these premises in September and October, 1981, and the same conditions were in existence, except that an outside garbage container had been provided. A subsequent inspection of the premises was made by Mr. Bragg on November 11, 1981, and the original conditions existed, except for the provision of the garbage container. On December 12, 1982, Mr. Bragg found no evidence of correction of the remaining problems since his November 11, 1981 inspection. Finally, on February 18, 1982, Mr. Bragg observed all of the original cited problems as existed on July 24, 1981, except for those relating to furnishing a garbage container. Mr. Bragg was unable to check the condition of the plumbing and the electrical fixtures due to the lack of access to the apartments on February 18, 1982. Respondent tendered extensive documentary evidence consisting of receipts for various repairs made to the subject premises, including plumbing, roofing, window and screen repairs; extermination for pest control and trash services. Respondent's agent, Harry A. Wright, had the fire extinguishers inspected and replaced on an annual basis. All of the documentary evidence submitted respecting expenditures were for repairs subsequent to the date of Mr. Bragg's initial inspection on July 24, 1981.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent be assessed a civil penalty of $100 for each of the eight conditions for the subject premises found herein to be violations of the rules of the Division of Hotels and Restaurants, with the exception that it is RECOMMENDED that the Respondent only be assessed a civil penalty of $50 for the violation found above relating to outside garbage containers due to the effective and corrective action taken by the Respondent to correct said deficiency. Accordingly, the total amount of the civil penalty is $750. It is further RECOMMENDED that the Respondent shall pay the above amount of $750 within thirty (30) days of the date the Petitioner enters its final order, which funds shall be made payable to the order of the Treasurer of the State of Florida for credit to the Hotel and Restaurant Trust Fund. It is further RECOMMENDED that if the Respondent fails to remit such civil penalty to the Petitioner within such period, the Division of Hotels and Restaurants' license No. 16-5268H for the Pinewood International Apartments located at 715 Northwest Sixth Avenue, Pompano Beach, Florida shall be suspended for twelve (12) months or until reinstated for good cause by the Division of Hotels and Restaurants. RECOMMENDED this 14th day of July, 1983. 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 14th day of July, 1983.
The Issue The issue is whether the swimming pool permit no. 46-181-84 and spa permit no. 46-241-87 for Fords Gym and Health Spa should be revoked pursuant to Florida Administrative Code Chapter 10D-5 and Chapter 514, Florida Statutes.
Findings Of Fact Larry Ford owns and operated a swimming pool and a spa (whirlpool) in Fort Walton Beach, Florida. On May 10, 1988, and September 29, 1988, Mr. Ford's pool and spa were inspected and found to be in violation of Florida law. It was necessary to close the pool and spa on both of these occasions because there were several violations pertaining to the chlorine level and ph level, and also required equipment was disconnected or inoperable. Mr. Ford's pool was inspected on September 27, 1990, and the inspector found the chlorine and the ph feeder were disconnected. Also on September 27, 1990, the spa chlorine was below adequate level and the temperature was too high. The chlorinator and ph feeder were disconnected. The spa was closed based on these violations. On November 30, 1990, the spa was found to have inadequate chlorine and the chlorinator was disconnected. Due to these violations the spa was closed. On March 13, 1991, violations were found in the spa. The chlorine feeder was disconnected, the chlorine was low, the ph was below the adequate level and the ph feeder was disconnected. The spa was then closed. On April 11, 1991, the pool was inspected based on a complaint and found to have several violations of the Florida Administrative Code to include water level too high, no depth markers, broken scum gutter, inoperable underwater lights, missing "no diving" signs, and toilet seats without open fronts. On January 14, 1992, the spa was closed because of no chlorine and the chlorinator and the ph feeder were disconnected. Mr. Ford's pool and spa were closed again on March 2, 1992, due to violations. The facilities were reinspected on March 5, 1992, and remained closed because the violations had not been corrected. These violations included: No chlorine in the pool PH level was low. Automatic chlorinator and automatic ph feeder were not connected. On March 19, 1992, the HRS investigator was denied access to the pool and spa during an inspection visit. When the pool and spa were inspected on March 24, 1992, both the pool and the spa contained several violations to include no safety line in the pool, disconnected chlorinator and ph feeder; missing depth markers were missing, missing "no diving" signs, water level was too high, and the drinking fountain was clogged. On May 20, 1992, the HRS inspector was denied access to the pool and spa for a routine inspection. HRS, Okaloosa County Public Health Unit, had closed Mr. Fords pool in August 1991. Mr. Ford instructed an employee to pull down the signs in which HRS had posted to close the pool and he further allowed clients into the pool during the time that it was closed. During 1991, Mr. Ford did not utilize a chlorine or ph feeder as required by the Florida Administrative Code and instructed employees to hand feed the pool, bypassing the feeder system. On April 1, and April 2, 1992, Mr. Ford allowed clients to use the pool. During this time HRS had closed the pool due to violations. During the months of January and February, 1992, Mr. Ford's engineer drafted proposed modifications for the swimming pool filtering system and replacement of the chlorinator. According to Mr. Ford this work was completed; however, HRS never received notice of completion of the modification from the pool engineer as required by the Florida Administrative Code. As a result the pool was never inspected by HRS after the modifications were made and recertified.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is, RECOMMENDED: That the Department of Health and Rehabilitative Services revoke pool permit No. 46-181-84 and spa permit no. 46-241-87. DONE and ENTERED this 26th day of April, 1993, in Tallahassee, Florida. STEPHEN F. DEAN 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 26th day of April, 1993. APPENDIX A Both the parties filed proposed findings which were read and considered. The following states which of the proposed findings were adopted, and which were rejected and why: Petitioner's Findings: Proposed Order: Paragraph 1-12 Paragraph 1-12 Respondent's Findings: Proposed Order: Unnumbered Paragraphs in Rejected as the Findings of Fact Arguement. COPIES FURNISHED: Charles Wade, Esquire 468 North Main Street Post Office Box 785 Crestview, Florida 34536 Frank C. Bozeman, III, Esquire HRS District 1 Legal Office Post Office Box 8420 Pensacola, FL 32505-8420 Robert L. Powell, Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, FL 32399-0700 John Slye, General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, FL 32399-0700
