Findings Of Fact At all times pertinent to this proceeding, Respondent was a certified general contractor and the holder of license number CG C050853 issued by the Florida Construction Industry Licensing Board. At all times pertinent to this proceeding, Respondent was the licensed qualifying agent for Reliable Remodelers, a division of Action Bay Marine Company, Inc., and as such qualifying agent was responsible for all its contracting activities. On March 9, 1993, Joel Broder while representing himself to be vice president of Reliable Remodelers, executed a contract with Louise Rodney and Astrid Lamand wherein Reliable Remodelers agreed to perform certain roofing and carpet work at the residence of Yves and Louise Rodney at 35 N.W. 115 Street, Miami, Florida. The reason Astrid Lamand signed this contract was not established. The work to be done on the Rodney residence was in repair of damages caused by Hurricane Andrew. The costs of these repairs were to be paid by insurance proceeds. The price for this work to be performed by Reliable Remodelers, including materials, was $10,650.00. According to the terms of the contract, $200 was due as a down payment on or about March 9, 1993, and the remainder was due on completion of the work. Ms. Rodney gave Mr. Broder two checks as deposits toward the work to be done. The first was a check in the amount of $200.00 on March 9, 1993, the date the contract was signed. Mr. Broder told Ms. Rodney on March 9, 1993, to call him when her insurance settlement came in so he could come back for an additional check and thereafter begin work. On April 11, 1993, Ms. Rodney advised Mr. Broder by telephone that she had received her insurance settlement. On April 12, 1993, Ms. Rodney paid to Mr. Broder the second check, which was in the amount of $3,000.00. On April 13, 1993, Mr. Broder told the Rodneys that work would begin on the house in three days. Ms. Rodney made both of these checks payable to Joel Broder personally because Mr. Broder instructed her to do so. Mr. Broder assured her that it was acceptable to make these two deposit checks to him personally because of his position as a vice-president of Reliable Remodelers. Mr. Broder indicated that the final check would be made payable to Reliable Remodelers. Reliable Remodelers never began work on the subject contract. No building permit was ever pulled for the project described in the subject contract. A local building department building permit would have been required for beginning work on the roofing portion of the project described in the subject contract. The Rodneys never received a refund of the $3,200.00 paid to Joel Broder. Louise Rodney was justified in believing Mr. Broder was an authorized representative of Reliable Remodelers. Mr. Broder presented a business card and a contract with Reliable Remodelers' name and address and Respondent's general contractor's license number printed on the contract. Mr. Broder was employed by Reliable Remodelers and had the authority to negotiate contracts on its behalf with the public. Richard Levin, a corporate officer of Reliable Remodelers at the time of the Rodney contract, knew that Mr. Broder was representing Reliable Remodelers in a contract sales capacity at the time of the Rodney contract. Between April 13, 1993, and the end of June 1993 Louise Rodney and her husband, Yves Rodney, repeatedly called Mr. Broder at Reliable Remodelers, but were never able to get Mr. Broder or Reliable Remodelers to start work. When Mr. or Ms. Rodney called the number provided by Mr. Broder, he or she would sometimes get Mr. Broder, sometimes get an answering machine, and sometimes get a lady who answered the phone "Reliable Remodelers." Mr. Broder repeatedly made excuses to the Rodneys about why the job did not begin. Sometime around the end of June or early July, Ms. Rodney called Mr. Broder and demanded a return of her money. Mr. Broder told Ms. Rodney that he could not refund the money until the end of July because he never wrote checks until the middle of the month. Mr. Broder did promise to return the money to Louise Rodney by the end of July 1993. In July 1993, Ms. Rodney filed a complaint with the Metro Dade Building and Zoning Department against Reliable Remodelers and Joel Broder. On July 23, 1993, Ms. Rodney filed a complaint with the Florida Department of Business and Professional Regulation against Joel Broder and Reliable Remodelers. In late August or early September 1993, Mr. Broder contacted Ms. Rodney by telephone about the refund. This telephone contact was after a representative from the Florida Department of Business and Professional Regulation had contacted Mr. Broder about Ms. Rodney's complaint. In that telephone conversation Mr. Broder discussed the possibility of refunding to Ms. Rodney her deposit, but he insisted on keeping $200.00 of the $3,200.00. On or about September 10, 1993, the Respondent executed and sent Louise Rodney a letter on Reliable Remodelers letterhead. A copy of the letter was sent to the Department of Professional Regulation. This letter provided, in part, as follows: You have expressed a desire to be released from our contract dated March 9, 1993, for work in the amount of $10,650.00. We want to make it clear that we have been pro- hibited from fulfilling the terms of our contract by unreasonable and impractical demands by you, the Homeowners, as to how the work should proceed, i.e., demanding that roof tiles be loaded on the roof before it is hot mopped. 1/ Although your request at this time is not in accordance with the cancellation terms of our contract, we feel it would be in the best interest of all parties to grant your request. We do however, require written notification of your intent to cancel. Notarized signatures on this document will suffice. Upon receipt of this executed document we will initiate refund procedures. Your deposit of $3,200.00 will be returned to you within thirty (30) days. This allows us time to recoup binders issued for your job. Of course we have incurred some expenses in the set up for performing our contractual obligation. These, in excess of $400.00, we will overlook. Please endorse and have notarized the statement below and return this document to us promptly. The letter of September 10, 1993, contained a release clause that Ms. Rodney and Mr. Astride were to sign and have notarized before any refund was to be forthcoming. Sometime just after September 13, 1994, in the evening, three men came to the Rodney home with a copy of the letter signed by the Respondent on September 10, 1993. One of these three men was Jules Lindsor, a corporate officer of Reliable Remodelers. Mr. Lindsor falsely identified himself to the Rodneys as being Gary S. Sachs. These three men were trying to procure the Rodneys' signature on a release from the subject contract. The Rodneys refused to sign the release because there was no refund present and because they wanted to consult a lawyer before signing. Sometime after September 13, 1993, the Rodneys executed a release and mailed it to Reliable Remodelers. At the time of entering the contract with Reliable Remodelers the Rodney home was leaking from damage caused by Hurricane Andrew. The leaks were finally repaired between April and June 1994 by persons other than Reliable Remodelers. Respondent and Reliable Remodelers ratified the contract that Mr. Broder executed on its behalf. There was no evidence that Respondent or Reliable Remodelers ever repudiated the contract as a Reliable Remodelers contract, that there was any effort to perform the contract, or that there was a tender of a refund of the $3,200.00 paid by Louise Rodney. There was no evidence that Reliable Remodelers had any justifiable excuse for its failure to perform any work pursuant to its contract with Ms. Rodney and Mr. Astride.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent be ordered to pay a fine in the amount of $3,500.00 to the Florida Construction Industry Licensing Board, pay restitution to Louise Rodney in the amount of $3,200, and pay costs incurred in the prosecution of this proceeding in the amount to be determined by the Petitioner. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 14th day of November 1994. CLAUDE B. ARRINGTON 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 14th day of November 1994.
The Issue Based upon the stipulated facts, only one issue, a legal one, must be resolved. The issue is whether Section 489.111(4)(c), Florida Statutes, is properly applied by the Board which interprets this section to require a minimum of four years of experience as a certified contractor. Having considered the statute and the Board's position in applying the interpretation above, it is concluded that the Board's interpretation is erroneous.
Findings Of Fact The Petitioner, Margaret K. Roberts, was licensed as a Certified Building Contractor October 19, 1984. Petitioner filed an application to take the State Certified General Contractor's Examination on or about December 19, 1984. At the time Petitioner applied to take the Certified General Contractor's Examination, she held Certified Building Contractor's License No. CB C031970 and she had four years of proven experience in the Certified Building Contractor's field, although she had only been certified as a building contractor since October 19, 1984. One may obtain experience in an area of contracting without being certified. Petitioner is not qualified by virtue of holding a baccalaureate degree or experience as a residential contractor. Petitioner was not certified as a building contractor for four years prior to applying for the general contractor's examination. Petitioner's only basis of claimed eligibility to take the General Contractor's Examination is Section 489.111(4)(c), Florida Statutes. The Respondent denied the Petitioner's application to take the certification examination because of insufficient time as a certified building contractor in accordance with Florida Statutes 489.111(4)(c). Other than the issue of requisite experience as a certified contractor, Petitioner meets all other statutes and Board Rules regarding eligibility for the Certified General Contractor's Examination.
Recommendation Based upon the stipulated facts and the conclusions of law, it is recommended that Section 489.111(4)(c), Florida Statutes, be interpreted to include qualifying service in a non-certified capacity and that Petitioner's application to take the building contractor's examination be approved. DONE AND ORDERED this 11th day of March, 1986 in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of March, 1986 COPIES FURNISHED: James Linnan Executive Director Construction Industry Licensing Board P.O. Box 2 Jacksonville, Florida 32202 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Maxwell G. Battle, Esquire 8204-A West Waters Avenue Suite 350 Tampa, Florida 33615 Arden Siegendorf, Esquire Assistant Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD MARGARET K. ROBERTS, License No. CB-C031970 Petitioner, DOAH CASE NO. 85-2240 DEPARTMENT OF PROFESSIONAL REGULATION Respondent. /
Findings Of Fact The Respondent Frank H. Suesz is a licensed general contractor having been issued certificate number CG C020463. On July 21, 1981, the Respondent Suesz submitted an application to the Petitioner Department of Professional Regulation to take the certified contractors' examination as a general contractor. On the application, the Respondent Suesz stated that he had four (4) years of construction experience, one (1) year of on-the-job-supervisory experience, and some experience in the construction of buildings in excess of three(3) stories in height. The Respondent's work experience' was verified by Ethel C. Douglas, his mother-in-law and a building owner. Douglas' verification on the Respondent's application was notarized. The experience claimed by the Respondent on his application involved his prior position with Steel Systems Construction Company, a seller and erector of pre-engineered metal buildings. Steel Systems is owned by Richard Spinnenweber, who is also the Respondent's cousin and the complainant in this case. Steel Systems holds the franchise for American Steel Buildings while the Respondent's company, ABCO Construction, Inc., has acquired the franchise for Pre-Engineered Steel Buildings. Since the Respondent's resignation from Steel Systems, his relationship with his cousin has been anything but cordial. The Respondent and Spinnenweber have engaged in litigation concerning the termination of their former relationship and are now active business competitors through their respective companies. 1/ The Respondent's company sells and erects pre-engineered, prefabricated steel buildings that are built in a factory, shipped to the job site and erected. One witness for the Petitioner analogized the construction of these buildings to "erector sets". (See Tr. at 43) Since being certified in 1981, the Respondent's company, ABCO Construction, Inc. has successfully completed approximately 40 construction projects including a 45,000 foot roof for Pan Am at Miami International Airport, a 10,000 square foot marina warehouse in Key Largo, and has worked for the U.S. Customs Service and the Air Force. No evidence was presented that any of the Respondent's jobs completed since he became certified, were substandard or present a threat to the public health, safety and welfare. Permits were pulled on these projects and building inspections were passed when required. Prior to moving to Florida, the Respondent Suesz had varied construction experience which including supervising the construction of building additions, a shipping storage warehouse and a factory for Beckley Perforating Company, which is headquartered in Garwood, New Jersey. This testimony is corroborated by a letter dated May 13, 1982, from Frank P. Marano, President of Beckley, which also noted the Respondent's ". . .unusual competency in all areas of responsibility as to construction, maintenance and expansion." [See Petitioner's Exhibit 3(x).] Additionally, the Respondent has some construction experience in excess of three stories, which dates from his work with his father on apartment buildings located out of state. The extent of the Respondent's experience which dates from the 1940s, is set forth in detail in Respondent's Exhibit 2. Although his position at Steel Systems was primarily sales, the Respondent Suesz also worked in the field when necessary. 2/ While employed by Steel Systems, the Respondent supervised construction of two large dock roofs in 1978 and 1979, plus three buildings in 1980 and 1981 for the Homestead Tomato Packing Company, Inc. By letter dated May 13, 1982, Rosario Strano, company owner, commended the Respondent for his work and stated that he intended ". . .to negotiate with him for all future requirements for buildings, dock roofs, etc." [Petitioner's Exhibit 3(y).] In early 1989, the Respondent Suesz built an addition to the Hialeah factory of Brice-Southern, Inc. His supervision of the project included pouring and finishing the floor slab. Philip H. Brice recommended the Respondent's work via letter dated May 13, 1982, and stated ". . .that he would give him the opportunity to do our future requirements." Petitioner's Exhibit 3(z).] According to Gerald Antel, Trustee, Sunshine Skateway, the Respondent supervised the construction of a $250,000 roller rink. [Petitioner's Exhibit 3(aa).] Finally, in late 1980 and 1981, the Respondent supervised construction of a 16,800 square foot building for Woal Wholesale Plumbing Supply, Inc. His work on this project was observed and recommended by Randy S. Woal. [Petitioner's Exhibit 3(bb).]
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Administrative Complaint filed against the Respondent Frank H. Suesz, be dismissed. DONE and ORDERED this 15th day of August, 1983, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of August, 1983.
The Issue Whether the Respondent's registered general contractor license should be suspended, revoked or otherwise disciplined based upon the allegations set forth in the Amended Administrative Complaint?
Findings Of Fact The Respondent is, and has been at all times relevant to the Amended Administrative Complaint, a registered general contractor in the State of Florida. The Respondent holds license RG 0034320. In the Fall of 1985, Iris J. Staten contacted the Respondent about performing construction work on a house she owned (hereinafter referred to as the "House"). The House is located in Woodville, Wakulla County, Florida. On or about October 22, 1985, after work had begun on Ms. Staten's House, the Respondent provided Ms. Staten a "Labor/Services Invoice" (hereinafter referred to as the "Invoice"), which set out the work to be performed on the House and the amount to be paid for the work. The Invoice indicates that the services are to be performed by "Brown Roofing Constr. Co." The Invoice was provided to Ms. Staten, at her request, by the Respondent, d/b/a Brown Roofing Construction Co. The total amount to be paid by Ms. Staten to the Respondent was $18,500.00. As agreed to between the Respondent and Ms. Staten, the following work was to be performed by the Respondent: Remodeling of the House, including enlarging one side of the House by approximately three feet and the replacement of the side boards on the House; Installation of a septic tank; Installation of a central heat and air conditioning system and the mechanical work associated therewith; Purchase of a used heating and air conditioning system; Upgrading the electrical system to two hundred amps; Installation of a toilet, sink and bathtub in the bathroom and a sink in the kitchen; and Installation of carpet throughout the House and tile flooring in the kitchen and bathroom. The total price of $18,500.00 was allocated in the Invoice to the work to be performed as follows: Remodel House $16,000.00 (1) Septic Tank 850.00 (2) Heat/Air Mechanical Work 1,150.00 (3) Used H/A Unit 200.00 (4) 200 AMP Service Cost Difference From Estimated Cost Due to Central H/A Installation 300.00 Total 2,500.00 $18,500.00 Ms. Staten made payments in October of 1985 in the following amounts on or about the dates indicated: Date of Check Amount October 4, 1985 $4,000.00 October 5, 1985 2,000.00 October 21, 1985 3,000.00 October 30, 1985 4,000.00 $13, 000.00 The Respondent had indicated to Ms. Staten that the work to be performed would be completed by Christmas of 1985. Although Ms. Staten lived in Miami, Florida, she visited the House periodically. As a result of her visits she became concerned with the lack of progress in completing work on the House. In January, 1986, the work had not been completed. Therefore, Ms. Staten contacted an attorney who sent two letters to the Respondent in an effort to get the Respondent to complete the renovations. Whenever Ms. Staten spoke with the Respondent about completing the renovations the Respondent would tell her "I'm going to get on with the job." In May, 1986, the Respondent called Ms. Staten and told her, "Well, if you send me $1,000.00, then I'll come back and finish the job." Based upon the Respondent's representation that he would finish the renovations, Ms. Staten sent the Respondent a check from Miami for $1,000.00 dated May 9, 1986. In June, 1986, the Respondent again asked Ms. Staten for additional money to complete the renovations. Ms. Staten sent the Respondent a check for $2,000.00 dated June 23, 1986. This payment raised the total amount paid to the Respondent to $16,000.00. Upon visiting the House in July, 1986, Ms. Staten found that the renovations which the Respondent had agreed to make had not been made. The Respondent has never completed the agreed upon renovations and other work he agreed to do on the House. Water and electric service have not been hooked back up to the house. No carpet or tile has been put in, the sinks and the toilet have not been installed, the heat and air conditioning mechanical work has not been completed, and the air conditioning unit has not been installed. Although Ms. Staten has never told the Respondent not to complete the renovations, the Respondent has not performed any work on the House since July, 1986. Checks paid to the Respondent by Ms. Staten were made out to "Brown's Roofing & Construction," "Brown Construction Co.," and "Brown Roofing Construction." The Respondent has not registered any of these names or Brown Roofing Construction Co. with the Construction Industry Licensing Board.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent be found guilty of violating Sections 489.129(1)(g), (j), (k) and (m), Florida Statutes (1985). It is further RECOMMENDED that the Respondent's registered general contractor license be suspended for a period of one (1) year or until the Respondent provides competent and substantial evidence to the Petitioner that he has made good faith efforts to make restitution to Ms. Staten, whichever occurs later. It is further RECOMMENDED that the Respondent be placed on probation for a period of one (1) year after reinstatement of his license. The terms and conditions of probation should be determined by the Petitioner. DONE and ENTERED this 23rd day of October, 1987, in Tallahassee, Florida. LARRY J. SARTIN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of October, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-1720 The Petitioner has submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection 1 1. 2 3 and 4. 3 5. 4 6. 5 6 and 7. 6 6. 7-9 6 and 7. The agreed price for the purchase and installation of the air conditioning unit was $200.00 and not $1,200.00 as indicated in proposed finding of fact number 7. 10 7. 11 9. 12-15 8. 16 11. 17 13. 18 14. 19-20 15. 21 16. 22 17 and 18. 23-26 17. 27 18. COPIES FURNISHED: Fred Seely, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Tom Gallagher, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Joseph Sole, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 W. D. Beason, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 James L. Brown 2609 Stonegate Drive Tallahassee, Florida 32308
Findings Of Fact Respondent is a licensed general contractor in Florida, and was the qualifying contractor for Hallmark Builders, Inc. at all times relevant to this proceeding. In November, 1982, Hallmark Builders contracted with Mr. and Mrs. Carl Mayer to, construct a residence in Melbourne Florida. Mr. Mayer, who is not an architect or builder, prepared his own plans. Since there was no third party lender, Mayer determined when Respondent would be paid according to the draw schedule. There were numerous difficulties presented to Respondent in his efforts to construct this residence. Mayer was uncooperative and often difficult to locate since he was a part- time resident of Florida, moved frequently, and had no telephone. The principal disagreement concerned the roof design, which Respondent contends was improper. Mayer initially refused to agree to modifications suggested by Respondent and would not retain an architect to clarify his intended design. Other disagreements led to Mayer's withholding of scheduled draw payments. Mayer refused to pay the first draw on completion of the foundation, even though it had been approved by the Melbourne Building Department. By August, 1983 Respondent's firm had completed work to the approximate point of the third draw, but had still received no draw payments. By this time Mayer had retained an attorney, and several unproductive meetings had been held regarding difficulties in completing the project. Mayer subsequently contacted the Melbourne Building Department to complain that the roof was being constructed according to plans not filed with the Building Department. This complaint was verified and a stop work order was placed on the project on August 10, 1983. The evidence adduced at the hearing established that Respondent had changed Mayer's roof design to one he believed was correct, but had failed to obtain Mayer's approval or file the change with the Building Department. The change made by Respondent was, according to his testimony, necessary to correct Mayer's design deficiency. Mayer's testimony to the contrary is rejected. Mayer refused to retain an architect as suggested by Respondent, and demonstrated no expertise in building design. Respondent's testimony on this point is, therefore, accepted. Further efforts to resolve disputes were unsuccessful. On February 1, 1984, Hallmark Builders, Inc. filed a claim of lien on the Mayer property for $28,559. Mayer counter-claimed, and the suits were ultimately settled through payment of $21,000 by Mayer to Hallmark Builders, Inc. The second matter at issue in these proceedings involved a contract between a Mr. and Mrs. Morgan and Hallmark Builders, Inc. Respondent was not involved in this transaction which was cancelled prior to the start of construction. Mr. and Mrs. Morgan made a $1,000 deposit on their contract but, in the view of Hallmark Builders, Inc., did not make a good faith effort to secure a mortgage loan. Hallmark therefore sued to retain the $1,000 deposit. The dispute was settled through negotiations whereby Hallmark received $500 of the $1,000 deposit. There was no showing of impropriety in this transaction by either Hallmark Builders, Inc. or Respondent.
Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a Final Order dismissing the Administrative Complaint. DONE and ENTERED this 13th day of June, 1985 in Tallahassee, Florida. R. T. CARPENTER 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 13th day of June, 1985. COPIES FURNISHED: H. Reynolds Sampson, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 David H. Simmons, Esquire and T. Kevin Knight, Esquire DRAGE, DeBEAUBIEN, MILBRATH and SIMMONS Post Office Box 87 Orlando, Florida 32802 James Linnan, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32202 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue The issues in this case are whether Respondent violated Subsections 489.129(1)(g)2., 489.129(1)(j), and 489.129(1)(m), Florida Statutes (2004),1 and, if so, what discipline should be imposed.
Findings Of Fact Mr. Brown holds a current, active Florida State Certified General Contractor License number CG C062829. He is the owner and qualifying agent for Churchill’s Construction Co., Inc. (Churchill’s). Sometime in 2003, Churchill’s entered into two contracts with Walcott Allen to construct two homes in Charlotte County, Florida. Mr. Allen was a friend of Mr. Brown. Mr. Allen had had a contractor’s license, but the license had been revoked by the Department. Mr. Brown decided to make Mr. Allen vice president of operations for Churchill’s. The purpose was two-fold. First, Mr. Brown did not think that he would be able to be present at the construction sites of Mr. Allen's homes very often, but Mr. Allen would be at the construction most of the time. By making Mr. Allen a vice president of the company, Mr. Brown felt that the building inspectors would be satisfied that Churchill’s had a presence at the construction sites. Additionally, Mr. Brown was hopeful that Mr. Allen would be able to generate business through some of his business associates. Sometime in 2003 or 2004, Mr. Brown and Mr. Allen went to the real estate office of Debbye Fitzpatrick concerning the purchase of some lots. In 2004, Hurricane Charlie struck the Port Charlotte area and did considerable damage, including damage to the residence of John and Debbye Fitzpatrick. Debbye Fitzpatrick knew that Mr. Allen had done some construction work in the past and approached him about repairing the damage to her home. Mr. Allen advised Mr. Brown that the Fitzpatricks were interested in Churchill’s repairing the damage to their house. Sometime before December 15, 2004, Mr. Brown and Mr. Allen went to the Fitzpatricks' home to look at the damage. Neither Mr. Brown nor Mr. Allen advised the Fitzpatricks that Mr. Allen could not enter into a contract on behalf of Churchill’s. Mr. Allen gave the Fitzpatricks a business card indicating that he was the vice president of operations for Churchill’s. On December 15, 2004, the Fitzpatricks entered into a contract with Churchill’s to make the repairs to the Fitzpatricks' home. The contract was not written on the form usually used by Churchill’s. Mr. Allen signed the contract on behalf of Churchill’s. The contractor license number listed on the contract was Mr. Brown’s. The total contract amount was $65,728. Based on the contract, Churchill’s was to remove existing drywall ceilings and insulation and replace with new insulation and sheetrock, remove existing drywall and insulation for the walls and replace with new sheetrock and insulation, lay floor tiles, paint the ceiling and walls, replace all the electrical fixtures, and power wash and paint the exterior of the house. Churchill’s applied for a building permit for the repairs to the Fitzpatricks’ home. The permit application was signed “Winston Brown” and was notarized. Mr. Brown contends that he did not sign the application and that the signature is a forgery by Mr. Allen. To a layperson, the signature on the permit application for the Fitzpatrick house does differ significantly from the signature on other documents submitted by Mr. Brown, which documents he testified bore his signature. Mr. Allen commenced work on the Fitzpatrick house. On February 17, 2005, Debbye Fitzpatrick wrote a check for $7,500 made payable to Wally Allen as the initial payment for the construction work. Mr. Allen had asked Debbye Fitzpatrick to make the check payable to him rather than to Churchill’s. Debbye Fitzpatrick did not think it was out of the ordinary for the check to be made out to Mr. Allen, and she complied with his request. On March 29, 2005, Debbye Fitzpatrick wrote another check to Mr. Allen for $10,000 as a draw on the contract amount. On June 23, 2005, she wrote another check to Mr. Allen for $11,601.77. The work on the project did not go well according to the Fitzpatricks. Some of the tiles that were laid were cracked, and some of the tiles gave out a hollow sound when tapped with a wooden implement. Some of the tiles were not grouted. Some of the grout in the tile work was not sealed. Insulation was not replaced in some of the ceiling areas. Patches to the sheetrock on the walls and ceiling were visible. The texturing of the paint was not consistent, with some areas having too much texture and some areas not having enough. The workers were careless with their painting and got paint on the carpet, furniture, floors near baseboards, windows, window frames, soffits, and front porch. The workers also damaged some of the furniture and kitchen appliances during the performance of their work. The front entry door was not installed properly. The garage door was not primed and the paint peeled. The vanity top in the master bedroom was not installed properly and had to be redone by another contractor. In July, Mr. Allen and his workers stopped coming to the job site. No notice was given to the Fitzpatricks that work was going to be stopped. No one from Churchill’s ever came back to work on the project, and the work on the project was not complete and was unsatisfactory. The Fitzpatricks had to pay an electrician $1,500.00 to do work that was supposed to be included in the contract with Churchill’s. Although there was unrebutted testimony that the Fitzpatricks had to pay other contractors to repair the damage done by Churchill’s, there was no evidence presented to quantify the amounts paid and the damage sustained other than a payment to the electrician. Additionally, some of the work not completed by Churhill’s had not been done because the Fitzpatricks lack the funds to complete the work. Again, no effort was made to quantify the amount of money necessary to complete the work. Mr. Brown claims that he did not know anything about the project and that Mr. Allen acted without authority to bind Churchill’s to a contract for the project. Mr. Brown’s testimony is not credible. Mr. Brown made Mr. Allen a vice president of the company and went with Mr. Allen to the Fitzpatricks’ home to look at the work that was needed. According to Mrs. Fitzpatrick, “Mr. Allen did most of the talking as to what was to be done and what the procedure was to be and he [Mr. Brown] didn’t speak very much, but he did nod and go along with what the plan was.” One of the reasons that Mr. Brown made Mr. Allen a vice president of the company was to garner additional business. If Mr. Brown had not wanted Mr. Allen to act on behalf of Churchill’s, Mr. Brown should not have made Mr. Allen a vice president of the company. Mr. Brown knew that any work that Mr. Allen was able to secure would have to be done using Mr. Brown’s license because Mr. Allen’s license had been revoked.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Respondent violated Subsections 489.129(1)(j) and 489.129(1)(m), Florida Statutes, and did not violate Subsection 489.129(1)(g)2., Florida Statutes; placing Respondent on probation for two years; imposing an administrative fine of $1,000.00 for the violation of Subsection 489.129(1)(j), Florida Statutes; imposing an administrative fine of $1,000.00 for the violation of Subsection 489.129(1)(m), Florida Statutes; and requiring Respondent to make restitution to the Fitzpatricks in the amount of $1,500.00. DONE AND ENTERED this 14th day of March, 2008, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 14th day of March, 2008.
Findings Of Fact The Respondent, Sergio J. Alcorta (Alcorta), is licensed by the Department of Business and Professional Regulation (Department) as a professional engineer, license number PE 0014464. Alcorta is not licensed by the Department as a contractor. Alcorta has a company called mrf building systems, inc. Alcorta d/b/a mrf building systems, inc. is not listed in the records of the Contractors Section, Dade County Building and Zoning Department as a certified contractor doing or contracting for work in the building trades in Dade County. Hurricane Andrew, which hit the Miami area in August, 1992, damaged the home of Kenneth and Elizabeth Quinn. A friend of the Quinns referred them to Alcorta for assistance. By letter dated September 15, 1992, Alcorta outlined a discussion he had with the Quinns. The letter stated: Per our discussion, I will assist you in dealing with your insurance carrier and other construction workers to ensure that all hurricane damages are accounted for and the work is properly performed. I will prepare an initial damage evaluation report of all damages for the insurance adjuster and facilitate on your behalf the transfer of funds from your mortgage holder to you and to any pertinent party. My fees will be $150 for the initial evaluation and $500 at the end of construction work where you require my assistance. By letter dated September 16, 1992, Alcorta advised the Quinns of his findings concerning the damage to their residence. The engineer's report was prepared on the letterhead of Nu-Tech Engineering Services. Alcorta contacted a general contractor to see if the contractor could perform the work required to repair the Quinn's house. The contractor advised Alcorta that only a roofing permit would be required for the job and that because of the work he was already committed to do, he did not know when he could complete the repairs. Alcorta and Mr. Quinn signed a proposal on mrf building systems, inc. letterhead dated September 29, 1992. The proposal provided: We propose to furnish all materials, labor, tools, and equipment to repair the storm damaged dwelling at the above referenced location as follows: Roof recovering with shingles and ply- wood sheathing repairs $7,500. Structural repairs to concrete columns, stucco repairs as necessary $2,500 Enclosing terrace with new exterior walls and french doors $7,500 Retiling terrace room and pool area $2,000 Securing cabinets and other interior damage $1,000 Removal, installation of solar collector $500 New terrace central air conditioner $2,000 Exterior fencing $3,000 Total repair estimate $26,000 TERMS: One third down payment upon execution of the contract. Partial payments upon completion of work segments. Estimated time for completion of job: 21 days. On mrf building systems, inc.'s letterhead dated September 30, 1992, Alcorta provided Ms. Quinn with an estimate for interior painting, taking off the roof mounted solar collector and reinstalling it on the new roof, replacing roof insulation, structural epoxy repair, and replacing torn vent screens. Alcorta was paid approximately $14,650 by the Quinns on this project. Alcorta in turn paid for some of the materials and labor used on the project. The checks from the Quinns were made payable to Alcorta, not to mrf building systems, inc. By letter dated October 2, 1992, on mfr building systems, inc., letterhead, Alcorta forwarded a copy of the contract with the Quinns to the Quinn's mortgage company advising them that the Quinns had given him a down payment of $4,000 and listing the anticipated completion dates for the various tasks to be performed. Alcorta bought supplies and had laborers come to the site to perform work. There was no licensed contractor on the job. The only building permit pulled on the project was obtained by Elizabeth Quinn, the homeowner. The building permit did not carry the disclosure statement required by Section 489.103(7), Florida Statutes. Alcorta witnessed Ms. Quinn's signature on the application for building permit. Alcorta did not advise the Quinns that they were to act as contractors per Section 489.103(7), Florida Statutes. The Quinns did not supervise the construction on the project but relied on Alcorta to supervise the work. Alcorta was not an employee of the Quinns. The Quinns experienced problems with the roofing work performed pursuant to the contract with mrf building systems, inc. The roof leaked, requiring the Quinns to have the roof replaced at a cost of $10,000.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Sergio J. Alcorta violated Section 489.127(1)(f), Florida Statutes (1992 Supp.), and assessing an administrative penalty of $3,000. DONE AND ENTERED this 20th day of November, 1996, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 20th day of November, 1996. COPIES FURNISHED: Donna Bass, Senior Attorney Department of Business and Professional Regulation Division of Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0750 Mr. Sergio J. Alcorta Nisky Center, Mail Box 401 Charlotte Amalie St. Thomas, Virgin Islands 00802 Lynda Goodgame, Genral Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue for consideration in this hearing is whether Respondent's license as a certified building contractor should be disciplined because of the matters set out in the Administrative Complaint.
Findings Of Fact At all times pertinent to the allegations herein, Petitioner was the state agency responsible for the regulation of the construction industry in Florida. Respondent, David P. Miller, was licensed as a certified building contractor under license number CB C039127 and was doing business as Great Southern Construction and Development, Inc. On March 14, 1988, Robert Crowley, a semi-retired real estate broker and promoter, and Treasurer of Enterprise Industrial Park, Inc., (EIP), entered into contracts with the Respondent to construct three buildings, A, B, and H, for it within the park boundaries. Building A was to house offices and retail space; building B was to house warehouse and offices; and building C was to house garage space. The construction was to be financed by an infusion of shareholders' money and by a construction loan from the Southland bank in the amount of $375,000.00. The loan was ultimately increased to $614,000.00 so that EIP could begin development of phase II of the park. The contracts provided for Respondent to be paid $110,000.00 for Building A, $67,000.00 for Building B, and $52,807.00 for Building H. The loan was obtained in phases. The developers had outlined the project to bank officials who approved it, initially, for development of the park and construction of four buildings. Phase one was to include the roadway and one building. When that was completed, the other buildings were to be erected. Site preparation was accomplished by John T. Day. Most of the site preparation was completed before Respondent started construction. Thereafter, as work progressed, Respondent periodically certified to the bank what work had been done and that suppliers had been paid. Upon receipt of that certification, the bank would issue a check for the appropriate amount to EIP which would, thereafter, issue its own check to Respondent. There was an exception, however, in the case of payments to Ludwig Steel. Whereas that supplier would bill Respondent for small items delivered, it demanded payment by cashiers' check upon delivery for major structural steel fabrications. These checks, for steel for Buildings A and B, were for $18,511.84 and $17,716.84, were issued by Southland Bank, at the request of EIP. During the course of his performance of the contracts for the construction of Buildings A, B, & H, Respondent executed several of the above mentioned certification forms. For Building H: These included: a. August 30, 1988 $ 9,505.00 b. October 4, 1988 9,505.00 c. October 17, 1988 9,505.00 d. December 28, 1988 11,881.50 e. January 31, 1989 9,437.50 TOTAL $49,834.00 Prior to these certificates, the bank also released $90,000 in advances for start up costs and the loan in March, April and May, 1988. In addition to the certificates listed above, Respondent also signed certificates for Building A totalling $91,446.00 as follows: a. August 30, 1988 $ 19,800.00 b. October 4, 1988 19,800.00 c. October 17, 1988 19,800.00 d. December 28, 1988 24,750.00 e. January 31, 1989 7,296.00 TOTAL $ 91,446.00 Respondent also signed additional certificates for Buildings B as follows: a. December 28, 1988 $ 46,642.00 b. January 31, 1989 28,031.00 c. March 1, 1989 28,031.00 TOTAL $102,704.00 These certificates were also signed by the architect, Mr. Wilcockson. In fact, they were not correct in that not all the work had been done and not all suppliers had been paid. Respondent admits to falsely signing the certificates but claims he was urged to do so by representatives of EIP who indicated to him it was just a routine procedure. Consequently, even knowing the certificates were not accurate, he signed them because he wanted to get paid. It is found, however, that Respondent has been a licensed contractor for a number of years and knew the implications of his actions. His attempts at justification for his actions are neither credible nor impressive. Construction progressed satisfactorily and without major problems up to the time for the last draw. At that point, the bank declined to issue a check to EIP for the construction of Building C, also to be erected on the site, when it became aware that numerous liens had been filed by subcontractors and materialmen indicating Respondent's failure to make satisfactory payment for buildings A, B, and H. These liens included claims by: American Roll-Up Door Co. $ 3,630.00 B & B Painting Contractors 3,020.00 Blackton, Inc., 5,820.73 Brownie Septic Tank Contractors #1 1,025.00 Brownie Septic Tank Contractors #2 1,025.00 Brownie Septic Tank Contractors #3 1,635.00 Don Alan Dinora 930.00 Energy Savings Systems, Inc. 10,750.00 Florida Mining & Materials 2,388.31 Mid Florida Air Conditioning, Inc. 3,982.00 Neeley-Built Structures, Inc., 4,995.78 Residential Building Supply 7,857.11 Total $47,058.93 Mr. Crowley claims the above liens were satisfied by EIP, and it is so found. He claims EIP also paid some subcontractors who did not file liens because of a desire to help small contractors who otherwise would not have been paid. No figures were available to support that latter claim, however, and it is not considered to be probative of any issue. It is found, however, that Respondent paid Neeley-Built the amount of $4,995.78 and the claim of lien form included within Petitioner's exhibit of filed liens refers to property other than that in issue here. In addition, the $10,750.00 lien of Energy Savings Systems is not totally attributable to services or materials for the instant project. It is estimated that 60 percent of that amount relates to work done outside the three contracts in issue here. Further, only $1,700.00 of the lien of Residential Building Supply relates to material provided for the work done by Respondent under these contracts. The balance relates to work done outside the original contract limits. Over the course of the contracts, EIP paid Respondent, in addition to a deposit of $25,786,99 for Bldgs. A & H, the sums below, for a total of $259,006.72 for Bldgs. A, B, & H: a. Aug. 31, 1988 $19,800.00 for Bldg. A b. Aug. 31, 1988 9,505.00 for Bldg. H c. Oct. 05, 1988 10,793.16 for Bldg. H & A d. Oct. 17, 1988 29,305.99 for Bldg. A & H e. Dec. 14, 1988 19,000.00 f. Dec. 29, 1988 49,417.06 g. Feb. 06, 1989 7,296.00 for Bldg. A h. Feb. 06, 1989 28,310.00 for Bldg. B i. Feb. 06, 1989 9,473.50 for Bldg. H j. Feb. 10, 1989 2,350.00 for misc. k. Feb. 15, 1989 20,000.00 l. Mar. 03, 1989 28,031.00 for Bldg. B In addition to those payments, EIP also paid $16,000.00 to Benson Drywall on December 12, 1988 at the request of Respondent. The total paid by EIP, either to or on behalf of the Respondent, was: $ 25,786.00 deposit 233,280.72 to Great Southern 16,000.00 Benson Drywall 36,228.68 Ludwig Steel $311,295.40 TOTAL Mr. Crowley was not the main source of corporate funds. The President of the company is a Mr. Nelson who was the "money man." Contractor selection was by agreement between Nelson and Crowley, but Crowley was the supervisor of the contracts and did most of the negotiating with Respondent. The work stipulated in the contracts between EIP and Respondent was not the only work called for in their relationship. The contracts provided for the basic construction but Mr. Crowley requested Respondent to perform additional work in or around buildings A, B, and H, which included: Tenant improvements in buildings A and B valued at $23,000 excluding labor; Additional site work including electrical, telephone, grading and filling, berm modification, concrete sidewalks and parking buffers, and repair of damaged concrete (all but the repair of concrete was the result of the failure of the original site preparation contractor to properly complete his work); Negotiations and discussions with Volusia County regarding the sewer/septic system necessary for the project. In addition to the $23,000.00 for tenant improvements mentioned in the paragraph next above, Respondent also paid out of pocket to the following contractors and suppliers for work outside the scope of the original contracts: a. Ludwig Metal Buildings $ 3,000.00 b. Concrete 3,840.00 c. John Bates & family 6,497.73 d. Four Seasons 1,190.00 e. Will Cox 975.00 f. Riley 3,100.00 All Star Electric 4,705.32 Jerry's Concrete Service 1,350.00 TOTAL $24,658.05 Though the contracts referenced in this proceeding pertain to construction of Buildings A, B, & H, Respondent was also retained to erect a metal building to be designated C. Respondent received a total of $253,000.00 from EIP to construct those buildings for which he had the initial contracts and also to put up the metal building, C. The cost to complete Building C was $45,500.00 but EIP had remaining only slightly over $6,000.00 to pay for that work. Respondent did substantial work for EIP which was over and above the services called for under the contracts for Buildings A, B, & H as amended by the change orders for which he was not paid because Mr. Crowley advised him no additional monies were available. For example, he and his brother, Thomas, did additional site work valued by him at $24,260.00; and additional labor and services on the septic and sewer system problems valued by him at $5,600.00 and for tenant improvement, valued by him at $5,000.00. Here, however, it must be noted that the figures cited are not documented by any supporting material and contain significant amounts for his labor which he priced at $90.00 per hour. Mr. Miller, during his relationship with EIP, purchased a 10 percent interest in the firm. He originally filed his own lien on the property for $80,364.00 based on the contracts he had in hand and the site work which he valued at $18,000.00. He claims he subsequently withdrew his lien without being paid so that the limited funds available could be used to pay the subcontractors. No corroborating evidence on this point was introduced, however. Mr. Miller's contracting license was, subsequent to the incidents herein, placed in inactive status and currently remains so. He is not now engaged in contracting and claims he does not intend to do so in the future. His motivation in contesting the allegations against him is, he claims, solely to clear his good name and reputation.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED THAT the Respondent, David P. Miller, d/b/a Great Southern Construction and Development, Inc. pay an administrative fine of $3,750.00 and be reprimanded. RECOMMENDED this 9th day of November, 1993, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 9th day of November, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-7413 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. FOR THE PETITIONER: 1. & 2. Accepted and incorporated herein. Accepted and incorporated herein. Accepted. & 6. Accepted and incorporated herein. 7. - 14. Accepted and incorporated herein. 15. - 17. Accepted and incorporated herein. Accepted and incorporated herein. Accepted. & 21. Accepted and incorporated herein. 22. - 24. Accepted and incorporated herein. 25. & 26. Accepted. FOR THE RESPONDENT: Accepted and incorporated herein. & 3. Accepted and incorporated herein. Rejected as the total amount paid by EIP for the buildings constructed by Respondent. The figure is somewhat higher due to deposit and amounts paid to suppliers by EIP. Accepted and incorporated herein. * At this point, Respondent's proposed Findings of Fact become misnumbered. There are two numbers 5. The subsequent numbers are as reflected in Respondent's submittal. 5. - 9. Accepted and incorporated herein. 10. - 12. Accepted and incorporated herein. 13. - 15. Accepted and incorporated herein. 16. Accepted. 17 & 18. Accepted. Alleged but not proven. Accepted. Rejected as contra to the weight of the evidence. Accepted and incorporated herein. COPIES FURNISHED: Tracy Sumner, Esquire William S. Cummins, Esquire Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kurt R. Borglum, Esquire 366 East Graves Avenue, Suite B Orange City, Florida 32763 Jack McRay General Counsel Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Daniel O'Brien Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202
The Issue The issue is whether Respondent undertook to act as a contractor without a license as charged in the Administrative Complaints, and if so, what disciplinary action should be taken.
Findings Of Fact Pursuant to Section 20.165, the Division of Professions is a subordinate unit of the Department of Business and Professional Regulation (the Department). The Department provides administrative support, including prosecutorial support to the Construction Industry Licensing Board (the Board), which is also located within the Department. Mr. Grandmont is not currently licensed as a State Registered or State Certified Contractor in this state, nor has he ever been licensed by the Board. Mr. Grandmont's last known address is 355 China Berry Circle, Davenport, Florida. He was provided notice of the hearing at that address, and at 7733 Park Road, Charlotte, North Carolina 28210, which is the address he used when demanding a hearing on disputed facts in two of these cases. In DOAH Case No. 06-3279, he provided no address in his demand for a hearing. All attempts by U. S. Mail to notify Mr. Grandmont of the hearing, were returned. Mr. Grandmont is deemed to have known of the time, date, and place of the hearing, and is deemed to have waived his appearance at the hearing. On November 11, 2005, subsequent to Hurricane Wilma, Robert L. Coe, of Lake Worth, Florida, was contacted by Mr. Grandmont, who offered to repair his damaged mobile home. He provided a written estimate of $10,500. The estimate contained a list of 11 items requiring repair, and stated that he would accomplish the repair of them. He demanded a $4,200 down payment, which Mr. Coe provided in a draft drawn on Fidelity Cash Reserves, and dated November 11, 2005. Mr. Coe never saw Mr. Grandmont again. The repairs set forth in the written estimate were not accomplished. The draft, however, was negotiated by Mr. Grandmont. On November 12, 2005, subsequent to Hurricane Wilma, Joseph Webster, of Lake Worth, Florida, was contacted by Mr. Grandmont, who offered to repair his damaged residence. Mr. Grandmont discussed charging $13,500 in return for repairing Mr. Webster's residence. After negotiations, Mr. Grandmont agreed to do it for $11,500. No written estimate or contract was prepared. Mr. Grandmont demanded $5,750 payment in advance. Mr. Webster rounded off the down payment to $6,000 and presented Mr. Grandmont an official check of the Taunton Federal Credit Union, of Taunton, Massachusetts, for that amount. The check was negotiated by Mr. Grandmont, but the promised repairs were not accomplished. On November 4, 2005, subsequent to Hurricane Wilma, Ella Arseneau, of Lake Worth, Florida, was contacted by Mr. Grandmont, who offered to replace her roof. He provided an estimate of $5,500 in return for repairing Ms. Arseneau's residence. He demanded that she pay $3,500 in advance, which Ms. Arseneau provided by presenting Mr. Grandmont a check for $3,500, drawn on an account in Wachovia Bank. The check was negotiated by Mr. Grandmont, but the roof was not repaired as promised. Mr. Coe is 78 years of age, Mr. Webster is 85, and Ms. Arseneau is 77.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation impose a fine upon Clifford Grandmont in the amount of $30,000. DONE AND ENTERED this 28th day of November, 2006, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER 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 28th of November, 2006. COPIES FURNISHED: Brian A. Higgins, Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Clifford Grandmont 7733 Park Road Charlotte, North Carolina 28210 Nancy S. Terrel, Hearing Officer Office of the General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Simone Marstiller, Secretary Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
