Findings Of Fact At all times relevant hereto, Respondent, Roger S. Williams, held registered building contractor license number RB0026339 issued by Petitioner, Department of Professional Regulation, Construction Industry Licensing board, authorizing him to perform contracting under his individual name. Respondent, Frederick S. Schreiner, held certified general contractor's license numbers CG C004811 and CG CA04811 also issued by Petitioner authorizing him to perform contracting under his individual name and under Cape Development Corporation. Williams served as president of Architectural Builders, Inc. (ABI), a development firm located in Palm Bay, Florida. Schreiner was engaged in the contracting business generally in the Brevard County, Florida area. He has done construction work for ABI and Williams for the past eight or nine years. ABI held no licenses from either the state or local governments. On October 31, 1979, ABI entered into a construction contract with Jack and Stella Oleksy to construct a home at 842 South Becker Street, Palm Bay, Florida. The contract was approved by R. S. Williams as president of ABI. At a later undisclosed date, Williams attempted to pull a City of Palm Bay building permit on behalf of ABI. Whether the City gave formal or informal approval at that point is not clear; in any event the construction of the home began shortly thereafter. Several weeks later the City's chief building official told Williams that because he did not have local competency with the City, he could not pull a permit for a job. Williams was also advised that a recent change in state law required ABI to qualify to do business if ABI intended to construct homes within the City. When told that Frederick Schreiner would be constructing the home for ABI and that Schreiner held an appropriate license, the City official told Williams to have a construction contract executed between ABI and Schreiner to build the home. Thereafter, Schreiner pulled a permit for the job and posted it on the building site. He also gave the City a contract executed by he and ABI and which was dated November 29, 1979. During the course of the construction, Schreiner visited the building site approximately six to eight times. The work was done entirely by subcontractors who had been used on other construction jobs by Williams and Schreiner. The subcontractors were paid by ABI but worked under the supervision of Schreiner. When the job was completed Williams signed the final payment affidavit on which it was indicated that Williams was the contractor on the job. Oleksy was on the site daily to inspect the work. He complained periodically about various aspects of the job to Roger Williams. His main complaint concerned the trusses on the roof which he contended were out of alignment causing a wavy and uneven roof line. After the house was essentially completed, Oleksy lodged a complaint with Williams concerning the workmanship on the roof. Williams sent a carpenter to visit the premises who found some "variations" and worked for approximately three hours to correct the problem. He was then told by Oleksy it looked okay. Within the next few days, Oleksy again complained to Williams that the roof was wavy. Williams then sent out a roofing crew to attempt to correct the problem. After they completed their work, Williams received no further indication that the owner was unhappy. Williams later had a local relator familiar with the subdivision and an experienced carpenter who had framed more than 150 homes to view the roof. Both concluded the roof was of good workmanship and of similar quality to other homes in the neighborhood. Oleksy later filed a complaint with the City of Palm Bay concerning his roof. The City sent its chief building official to inspect the home. He described the roof as being of "poor workmanship". The same conclusion was reached by the city building inspector who also inspected the property. Because of this, the City made the notation "Hold problem roof" in its file and did not issue a certificate of occupancy to Oleksy. However, the City did not construe the roof to constitute a violation of the building code. Respondents asserted that a 1979 change in the law as to the qualification of agents caused doubt and confusion as to what was required by ABI and Williams. They also point out that if indeed a violation occurred, it was not intentional. Rather, Respondents simply desired to comply with all applicable statutes and regulations so that their construction businesses could continue to operate in a lawful manner. Other than the alleged violations herein, Respondents were not shown to have been subject to any prior disciplinary proceedings.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent, Roger S. Williams, be found guilty as charged in Count I, and be given a public reprimand. the remainder of the charges should be dismissed. It is further RECOMMENDED that Respondent, Frederick L. Schreiner, be found guilty as charged of all allegations except willfully and deliberately violating a state law, and be given a public reprimand. DONE and ENTERED this 29th day of June, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings 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 June, 1982.
The Issue Whether Petitioner is entitled to licensure as a Certified Building Contractor or Residential Contractor.
Findings Of Fact Petitioner is a 44-year-old male. He was born and raised in Tallahassee, Florida. He is a high school graduate. Petitioner passed the examination for licensure as a certified building contractor. This is a comprehensive examination that is designed to test knowledge in all aspects of the construction industry. Passing it is a mandatory prerequisite before an application can be considered by the Florida Construction Industry Licensing Board (FCILB). However, passing the examination does not eliminate or modify the statutory or rule experience requirements. Petitioner submitted his application for a certified building contractor license on or about March 24, 2008. By letter of May 2, 2008, the Department of Business and Professional Regulation requested additional information. Petitioner then provided a revised affidavit from Chad Banks, a certified building contractor, and a letter from the Maintenance Construction Chief of the City of Tallahassee’s Gas Utility Department, each containing more detailed information about Petitioner’s experience. These items were received by Respondent on May 23, 2008. It is not clear whether Petitioner requested and was granted a continuance of his appearance with regard to the instant license application at an earlier FCILB meeting, but on January 15, 2009, the full Board considered Petitioner’s application at a duly-noticed public meeting in Altamonte Springs, Florida. At that time, Petitioner was present. During his appearance before the full Board on January 15, 2009, Petitioner was very nervous, but he believes that one of the Board members offered him, or at least asked him if he would accept, a residential contractor’s license in place of a certified building contractor’s license, and that he answered that he would accept such a license, only to have that “offer and acceptance” voted down by the full Board. However, Petitioner does not rule out the possibility that the vote taken at the meeting was actually with regard to denying the certified building contractor license for which he had applied. There is no evidence that Petitioner has ever submitted an application for a residential contractor’s license. By a Notice of Intent to Deny, dated March 16, 2009, and mailed March 24, 2009, the FCILB formally denied Petitioner’s application for a certified building contractor License stating: The applicant failed to demonstrate the required experience, pursuant to Section 489.111, Florida Statutes and Rule 61G4- 15.001, Florida Administrative Code. Petitioner seeks licensure as one who has four years of active experience and who has learned the trade by serving an apprenticeship as a skilled worker or as a foreman, at least one year of which experience is as a foreman. Petitioner has never worked as a full-time employee of a commercial or residential contractor. Petitioner got early experience in construction working around eight rental properties owned by his father. He performed light carpentry, deck construction, general handyman repairs, and some plumbing and roofing when he was approximately 16 to 21 years of age. However, Petitioner essentially relies on a work history that includes working as a plumber for Jim Bennett Plumbing from 1987 to 1993; as a foreman for the City of Tallahassee Gas Department from 1995 to 2005; as a “contractor trainee” for Chad Banks from 1999 to 2002; as having volunteered as superintendent for Gulf Coast Painting from 2003 to 2007; and as a maintenance man for the City of Tallahassee Parks Department from 2006 to 2007. Petitioner’s dates of employment overlap, because his volunteer experience was acquired mostly on weekends, holidays, in hours after he had already completed a full work day for the City of Tallahassee, or on “time off” from his regular employments with the City. Petitioner is a hard worker and wanted to learn the construction trade, but his volunteer construction jobs were intermittent, and he provided no clear assessment of the number of hours per week or month that he put in for any of them. From 1987 to 1993, Petitioner worked for Jim Bennett Plumbing. He started as a plumber’s helper and progressed to greater responsibility. In that position, he acquired a wide range of experience in plumbing for some residential, but mostly commercial, buildings. During this period, he also did some light cosmetic carpentry and tile work to restore building parts damaged by the installation of plumbing apparatus. Much of Petitioner’s construction experience relates to his association with Chad Banks, who testified that at all times material, Petitioner had “hands on” experience, working for him and that Petitioner was a competent worker. Petitioner has never been a “W-2 employee” of Mr. Banks, but there is no specific statutory or rule requirement that the experience necessary to qualify for the certified building contractor or the residential contractor license must be as a “W-2 employee.” Cf. Conclusions of Law. Mr. Banks was not licensed as a certified building contractor until 1999. Petitioner did some work for Mr. Banks when Mr. Banks was working as a sub-contractor on commercial projects (specifically one or more Super-Lube buildings) prior to Mr. Banks obtaining his certified building contractor’s license in 1999. Most of this employment involved pouring concrete slabs. Petitioner claims experience in “elevated slabs,” limited to the construction of a single Super-Lube building, which Petitioner described as laying a slab below ground level for mechanics to stand on and an at-ground level slab for cars to drive onto the lift for an oil change. He described no truly “elevated” slabs or floors above ground level on this project, and Petitioner’s and Mr. Banks’ testimony was vague as to Petitioner’s responsibilities on this project and as to the project’s duration. The general contractor on this project for whom Mr. Banks “subbed” did not testify. From this, and other employments, Petitioner has experience pouring foundation slabs, but he has never worked on a foundation slab in excess of 20,000 square feet. Petitioner also assisted in Mr. Banks’ construction of some rental sheds, but it is unclear if this was before or after Mr. Banks was licensed. Petitioner worked for Mr. Banks d/b/a C. B. Construction, Inc., in a volunteer capacity on exclusively residential construction from 1999 to 2002, and again from February 2004 to March 2008. During these periods, Petitioner and Mr. Banks considered Petitioner a “contractor trainee,” but Petitioner’s work for Mr. Banks was neither exclusive nor continuous; both men described it as “volunteer” work; and some of it seems to have amounted to Petitioner's looking over work done personally by Mr. Banks and having Mr. Banks explain to him, via a plan sheet, what Mr. Banks had already done personally. There is no evidence that during this time frame Petitioner worked for Mr. Banks as a foreman. Petitioner has the ability to “read” many types of construction “plans.” Petitioner has experience with slab footers, but he has not constructed red iron structural steel qualified for framing a building. Petitioner has experience in decorative masonry walls, but he has not constructed structural masonry walls of a type that would support framing members of a building or other vertical construction. Petitioner also worked for the City of Tallahassee as a “W-2” employee, mostly as a foreman overseeing a crew of four workers, from 1995 to 2005. In that capacity, he worked on a church, but the church itself had been constructed several years previously, and Petitioner’s crew’s contribution was tying-in several gas lines during a roadway development project and keeping all the utilities up and running during the project, while a private contractor worked on the church. With regard to the foregoing project and many others for the City Utilities Department, Petitioner directed a crew that built sidewalks and gutters or that tied these features into existing roadways and driveways. In that capacity, he often coordinated activities with residential contractors. Over his ten years’ employment with the City Utilities, Petitioner also directed a crew that exclusively created underground vaults for the housing and shelter of utility apparatus. However, none of his endeavors for the City Utilities involved vertical structural construction for floors above ground. Petitioner has also built new gas stations for the City’s natural gas vehicles, and has erected pre-fab utility buildings, including much slab work, but the nature and duration of these endeavors is not sufficiently clear to categorize them as qualifying him for the certified building contractor license. Most of Petitioner’s experience with the City, as substantiated by the letter of the City Utilities Maintenance Construction Chief, Mr. Lavine, has been in the construction of driveways, roads, gutters, storm drains, sidewalks, culverts, underground utility structures, plumbing and gas lines. While it is accepted that Petitioner has worked on such projects, this type of work more properly falls in the categories of “plumbing contractor” or “underground utility contractor” and Mr. Lavine was not demonstrated to have any certification/licensure in a category appropriate to Petitioner’s application. (See Conclusions of Law.) Sometime after 2005, for approximately a year, Petitioner was employed by the City of Tallahassee Parks and Recreation Department and in that capacity participated in at least one construction of a dugout and a concession stand at one of its playgrounds. He also did repairs on several dugouts and concession stands, but this latter work would not be classified as “structural” construction. Petitioner’s experience in precast concrete structures is limited to his work with gas utility structures, but does not include work on precast tilt walls, which are the type of walls that are constructed off-site, delivered to the job site, placed on the slab foundation, and raised in place as part of an on- going commercial building project. Petitioner has no experience in column erection. “Columns” in this context within the construction trade refers to supports for upper level structural members, which would entail vertical construction. Petitioner’s experience in concrete formwork does not include experience in the structurally reinforced concrete formwork that would be used in vertical buildings, such as all floors above ground level. FCILB’s Chairman testified that the Board interprets the type of experience necessary to comply with the statutes and rules, more particularly Florida Administrative Code Rule 61G4- 15.001(2), to be “structural experience.” There is no affirmative evidence that Petitioner has ever notified the Clerk of the Agency that he was relying on a right to a default license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Construction Industry Licensing Board enter a Final Order denying Petitioner’s application for licensure as a Certified Building Contractor. DONE AND ENTERED this 24th day of November, 2009, in Tallahassee, Leon County, Florida. S ELLA JANE P. DAVIS 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 24th day of November, 2009.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent, Ramiro Palma, be found guilty as charged in the Administrative Complaint dated August 31, 1981. It is further RECOMMENDED that Respondent's registered building contractor's license be suspended for one year after the date of the final order entered in this proceeding and that Respondent pay a $1000 administrative fine. DONE and ENTERED this 3rd day of February, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER 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 3rd day of February, 1982.
The Issue The issue for determination is whether Arthur Signore committed the offenses set forth in the administrative complaints and, if so, what action should be taken.
Findings Of Fact At all times material hereto, Arthur Signore (Respondent) was licensed by the Department of Business and Professional Regulation, Construction Industry Licensing Board (Petitioner) as a certified general contractor. He received his license in 1969, qualifying Deluccia Construction. Respondent was issued license number CG CA01004. Subsequently, in 1976, Respondent qualified Construction By Scott (CBS). He was issued license number CG CB01004. At all times material hereto, Respondent has been the qualifier of CBS, and the sole owner and president of CBS. At all times material hereto, Respondent's belief was that Petitioner permitted a general contractor to use his/her license to obtain building permits for construction projects for which the general contractor had no contracts through the business that he/she qualified. Respondent practiced his belief frequently by applying for and obtaining building permits for construction projects for which companies or individuals other than CBS had contracts. Collins Job (Case No. 97-1436) Sometime after Hurricane Andrew in 1992, Respondent made an oral agreement with Harold Bader to go into partnership with Bader and form a construction company, with Respondent qualifying the company. Respondent provided his name, his company's name (CBS), and his license number to Bader in order for the qualifying documents to be completed and submitted to the Petitioner. However, the company was not formed and the qualifying documents were never submitted. At no time material hereto was Bader licensed by the Petitioner to engage in the practice of contracting. Respondent knew or should have known that Bader was not licensed by the Petitioner. In March 1994, Thomas Sherry of American Building Industries, Inc. (ABI), began negotiating with Maria and Wayne Collins, husband and wife, for the remodeling of their home, located at 7417 SW 140th Court, Miami, Florida. On March 24, 1994, the Collins entered into a contract with ABI for the remodeling of their home at a cost of $12,500. Bader was the owner of ABI. Sherry was a salesperson for Bader. Sherry provided the Collins with a business card which showed, among other things, ABI's name, address and telephone number, and license number. The license number on the business card was Respondent's license number. All business cards were provided to Sherry by Bader. At no time material hereto, did Sherry talk with or meet Respondent. The records of the Metropolitan Dade County, Building and Zoning Department reflect, among other things, Respondent's name, his company's name (CBS) and license number on the building permit application for the construction to the Collins' home. However, the address listed for Respondent and his company was the address for ABI. Further, the said records reflect, among other things, that aforementioned information provided, as to Respondent, was used to obtain the building permit. Respondent did not complete the permit application for the building permit to remodel the Collins' home. The Collins paid $6,875 to ABI. Any and all checks were made payable to ABI. No money for the construction on the Collins' home was paid to or received by Respondent. In May 1994, problems developed on the job site between the Collins and ABI. The work performed by ABI failed numerous inspections. Mr. Collins wanted to talk with Respondent who was listed as the contractor on the permit and requested Bader to contact Respondent. Bader refused, indicating to Mr. Collins that all communication should be with him (Bader). Finally, in August 1994 the Collins fired ABI after more problems had developed. At that time ABI had completed some of the work. On August 29, 1994, Mr. Collins met with Respondent at Respondent's place of business. Prior to the meeting, Mr. Collins had called Respondent numerous times regarding his problems with ABI and Bader and requesting assistance from Respondent. Each time Respondent denied having any knowledge of the work being performed. When Mr. Collins met with Respondent, Mr. Collins discussed the problems that he had experienced with ABI and Bader. Respondent continued to deny knowing anything about the construction project but agreed to send his employees to examine the job and determine what could be done, if anything. The following day two of Respondent's workers came to the Collins' home and examined the work completed and the work remaining. Subsequently, Respondent contacted Mr. Collins. Respondent indicated to Mr. Collins that he could complete the job for $5,000. Mr. Collins refused to pay the additional monies since it would extend the remodeling cost beyond the contracted cost and since he was now directly paying the subcontractors. At no time did Respondent or his business (CBS) have a contract with the Collins. Until being contacted by the Collins, Respondent had no knowledge that Bader used his name, business name and license number to contract with the Collins and to obtain the building permit for the remodeling of their home. However, prior to being contacted by the Collins, Respondent had been contacted by other persons who had contracts with ABI, who had been informed by Bader that Respondent was the contractor for their jobs, who had problems with ABI, and who wanted assistance from Respondent. Furthermore, the building permits for the construction jobs of those persons reflected Respondent and Respondent's company as the contractor. At no time material hereto was Bader or ABI licensed by the Petitioner to engage in the practice of contracting. Respondent knew or should have known that neither Bader nor ABI was licensed by the Petitioner to engage in the practice of contracting. Respondent was placed on notice of their unlicensed activity after the contacts by the homeowners prior to the contact by the Collins. Even with the knowledge of the homeowners' complaints prior to the Collins' complaints, at no time did Respondent notify Bader to stop using his (Respondent's) name, company's name and license number. Further, at no time did Respondent notify the Metropolitan Dade County, Building and Zoning Department of Bader's misuse of his (Respondent's) name, company's name, and license number or to no longer issue permits to ABI under his (Respondent's) name, company and license. Walsh Job (Case No. 97-1435) In the Fall of 1995, Patrick and Susan Walsh entered into an oral agreement with John Petracelli for an addition to and the remodeling of their home, located at 761 Glen Ridge Road, Key Biscayne, Florida. On October 16, 1995, the Walshes entered into a verbal agreement with Petracelli for an engineer to produce a set of plans at a cost of $2,250 for the construction to their home. The Walshes paid Petracelli the $2,250 on October 16, 1995. On December 7, 1995, the Walshes entered into a written agreement with Petracelli for the construction work on their home at a cost of $84,000. Pursuant to this written agreement, the Walshes paid Petracelli $16,800 on December 7, 1995. Petracelli contacted Respondent and requested Respondent to be the contractor for the construction work on the Walshes' home. Respondent and Petracelli had met one another previously when Petracelli was a salesperson for Bader. Petracelli informed Respondent that he (Petracelli) had already told the Walshes that Respondent was the contractor. To the contrary, Petracelli had not informed the Walshes that Respondent was involved in the construction to their home. Respondent agreed to be the contractor but informed Petracelli that, until a set of plans was approved by the Village of Key Biscayne Building Division (Building Division), he could not provide Petracelli with a cost figure for the construction work. Petracelli informed Respondent that the plans were being prepared, but did not inform Respondent that the Walshes had paid for the preparation of the plans. Respondent agreed further to submit the completed plans to the Building Division for a "dry run" only. After the dry run, Respondent would provide a cost figure for the construction work. A dry run is a process in which a contractor, who has a complicated job which requires an engineer, submits a set of plans, together with an application for a building permit, to the Building Division for approval. The plans may be subject to several modifications requested by the Building Division before they are approved. As a result, the contractor does not know the estimated cost of a job until the plans have gone through the requested modifications, if any, and approved by the Building Division. After the plans are approved by the Building Division, the contractor is notified to come to the Building Division and sign for and obtain the building permit. Pursuant to the agreement between Respondent and Petracelli, on or about December 11, 1995, Respondent completed an application for a building permit for the addition to and the remodeling of the Walshes' home and gave it to Petracelli. The application reflected, among other things, CBS (Respondent's company) as the contractor, and Respondent as the qualifier. Respondent provided the application to Petracelli for the dry run process only. Further, Respondent reiterated to Petracelli that, once the plans were approved by the Building Division, he (Respondent) would meet with the Walshes and agree on a cost for the construction work on their home and that, after agreeing on the cost he (Respondent) would sign for and obtain the building permit for the construction to begin. Respondent was not aware that Petracelli and the Walshes had a signed agreement for the construction work. Petracelli submitted the plans, along with the permit application, to the Building Division for approval. The plans were modified several times to meet the approval of the Building Division, but were never approved. The Building Division considered the plans submitted to be substandard. Since no plans were approved, no building permit was issued. On or about January 3, 1996, the Walshes met at the Building Division with some of the Building Division's officials, Petracelli, and the engineer who prepared the plans. As a result of the meeting, among other things, the Walshes were able to review the permit application and discovered that Respondent, not Petracelli, was licensed and the contractor for the construction work; concluded that the engineer's work was considered so substandard by the Building Division that any modification produced by the engineer would not be approved by the Building Division; and determined that they no longer wanted Petracelli to perform the construction work on their home. Within 24 hours of the meeting, the Walshes telephoned Petracelli and terminated his services. Also, the Walshes requested the return of all of the monies paid to Petracelli by them; however, Petracelli did not return any of their money. At no time material hereto was Petracelli licensed by the Petitioner to engage in the practice of contracting. Respondent knew or should have known that Petracelli was not licensed by the Petitioner. At no time material hereto did Respondent or his company (CBS) have a contract with the Walshes. At no time material hereto did Respondent have any communication or contact with the Walshes. Biscayne Kennel Club Job (Case No. 97-2998) The Biscayne Kennel Club (BKC), located at 320 NW 115th Street, Miami Shores, Florida, was a track for greyhound racing. On October 30, 1995, the last race was run at BKC. In February 1996, the BKC sold its Pari-Mutuel license. On or about December 11, 1996, the BKC, by and through its representative, Carl Spitzer, entered into a written contract with Cuyahoga Wrecking Corporation (CWC), by and through its representative, Thomas Schwab, for, among other things, the removal of asbestos and the demolition and removal of BKC's grandstand structure and viewing area. The contract was prepared by Schwab, who had 25 years of experience in the demolition business, with 20 years of that experience in the State of Florida. All contract negotiations were between Schwab and Spitzer. At no time was the President and CEO of BKC, Kay Spitzer, involved in the contract negotiations. As to cost, the contract provided at Article 4 that the cost was $37,500 and that the $37,500 was "dedicated to the removal of the described ACM." Further, Article 4 provided that the "balance of the work to be paid for by the sale of the ferrous and non-ferrous metals by the contractor." In addition, the contract provided in Article 7 that, among other things, all permits were included in the contract price and that BKC and the "contractor" would share "equally all the proceeds of the non-ferrous metals minus whatever costs are incurred bringing it to market." The contract did not restrict or prohibit CWC from engaging the services of any individual or subcontractor to perform the work required in the contract. The grandstand structure and viewing area were one structure. Attached to the roof of the structure was a small building which was used by BKC personnel for viewing the races. The roof was the highest part of the structure, except for the small building. The distance from ground level to the top of the roof was 69 feet and 10 inches; and the top of the small building was approximately 15 feet higher than the top of the roof. CWC contracted with Sal's Abatement to perform the asbestos removal. Schwab was licensed by Dade County, Florida, as a specialty contractor. He was notified that the work for the BKC job was outside the scope of his license and that a contractor, licensed by the Petitioner, was required for the BKC job. Schwab contacted Respondent to be the general contractor. Schwab had worked with Respondent before on other, but smaller, jobs. Respondent agreed to be the general contractor in return for a percentage of the contract. Per the agreement, Respondent would obtain the necessary permits, provide the equipment necessary for the demolition, and supervise the workers on the job. On March 6, 1997, Respondent completed an application for a building permit with Miami Shores Village, Florida, for the demolition of the BKC grandstand. The application reflected Respondent's company (CBS) as the contracting company and Respondent as the qualifier. Carl Spitzer signed the permit application on behalf of BKC. On March 17, 1997, a building permit (permit number 41084) was issued by the Village of Miami Shores for the demolition of BKC's grandstand. On April 29, 1997, the cost of the permit, $566.50, was paid. At no time material hereto was Schwab or CWC licensed by Petitioner to engage in the practice of contracting. Respondent knew or should have known that neither Schwab nor CWC were licensed by Petitioner. At no time did a contract exist between Respondent or his company with BKC for the demolition job. Respondent supervised CWC's preparation of the grandstand for demolition. In preparing the grandstand for demolition, Respondent and Schwab met at the site at least 3 times to discuss the demolition and its progress. On May 16, 1997, the grandstand was scheduled to be demolished. On the morning of May 16th, as Schwab was leaving BKC, Respondent arrived. Shortly thereafter, the grandstand accidentally collapsed--the beams supporting the roof of the grandstand failed, and the roof collapsed. Two of CWC's workers were killed and three were seriously injured. After the collapse, BKC contracted with another company, Omega Contracting, to complete the demolition job. The Petitioner submitted documents reflecting that its costs of investigation and prosecution of the complaints against Respondent, excluding costs associated with attorney's time, to be $1,017.25. On May 22, 1997, pursuant to an Emergency Suspension Order, on May 22, 1997, the Petitioner suspended Respondent's license. Respondent has no prior disciplinary action taken against him by the Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Construction Industry Licensing Board enter a final order: Dismissing all counts in Case Nos. 97-1435 and 97-1436. Finding that Arthur Signore violated Subsections 489.129(1)(c), (e), and (j), 489.1265(3), and 455.227(1)(a), Florida Statutes (1995). Revoking Arthur Signore's certified general contractor's license. Requiring Arthur Signore to pay all reasonable costs of investigation and prosecution associated with the Department of Business and Professional Regulation's investigation and prosecution of the charges set forth in the Administrative Complaint of Case No. 97-2998.3 DONE AND ENTERED this 13th day of January, 1998, in Tallahassee, Leon County, Florida. ERROL H. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 13th day of January, 1998.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, I hereby make the following findings of fact: Respondent is, and has been at all times material hereto, a certified building contractor, a registered mechanical contractor and a certified air conditioning contractor in the state of Florida having been issued license numbers CB-CA09793, RM-0031246 and CA-C024348, respectively. At all times material hereto, Respondent's building contractor and air conditioning contractor licenses qualified George E. Bonsino and Associates, Inc., Jacksonville, Florida. In February 1984, Respondent contracted with Carl and Patricia Powers of 4530 Victor Street, Jacksonville, Florida for the construction of a room addition. The contract was presented to the Powers by Peter Stamires. Mr. Stamires was, at the time, acting as sales manager for George E. Longino and Associates, Inc. The contract price was approximately $13,000.00 and construction of the Powers' room addition was estimated to be completed by March 30, 1984. On March 20, 1984 Respondent received from Carl and Patricia Powers a payment of $6,850.00 on the contract. On May 4, 1984 Respondent received from Carl and Patricia Powers an additional payment of $5,000.00 on the contract. The contract called for a "dry-in room" only, i.e., the room was to be put to a stage where water would not penetrate it. The contract also included: (1) covering the existing asbestos shingles with a cut brick and stone veneer; (2) the installation of aluminum windows; (3) the installation of aluminum gables and eaves; (4) re-roofing the entire home; and (5) the installation of overhead lights, light switches and electrical outlets. Respondent's contract with the Powers contemplated that electrical work would be done, but did not include any plumbing. Respondent sub-contracted the Powers' project to two (2) individuals, Mr. Walker and Mr. Todd. Respondent did not know what type of license Mr. Walker or Mr. Todd held and was never shown a license by either individual. Mr. Walker agreed to obtain permits for the Powers' project, to submit building plans and specifications, and to request the mandatory building inspections. Neither the Respondent nor the sub-contractors obtained a City of Jacksonville building permit prior to commencing construction of the Powers' room addition. Neither Respondent nor the sub-contractors submitted building plans and specifications for approval by the, City of Jacksonville Building Department prior to commencing construction at the Powers' residence as required. Neither Respondent nor the sub-contractors requested the City of Jacksonville Building Department to perform any type of building inspections during the process of construction, as required. On June 11, 1984 Respondent obtained building permit no. 7048 from the City of Jacksonville Building and Zoning Inspection Division for the Powers' project. Shortly after construction commenced, the Powers became concerned with the quality of work being performed. Respondent, while at the project site near the end of March, told Mr. Powers that a building permit had been obtained for the project. However, at that time, no building permit had been obtained. Mr. Theron Brannan, a building inspector for the City of Jacksonville, became involved with the Powers' case when Mrs. Powers called in May 1984 and complained about ;he work being performed by Respondent. Mr. Brannan checked and found that no permit had been issued. He then went out and inspected the construction site. Mr. Brannan found that the walls were approximately 3 or 4 inches out of alignment and that the floor was spongy and needed repair. Major work would have been required to straighten the walls. In Mr. Brannan's opinion, the work was well below average and was of very poor quality. Electrical and plumbing work was performed at the Powers' project site. Ten (10) electrical outlets, six (6) overhead lights and six (6) light switches were installed. The electrical work also included a 220 volt outlet for a clothes dryer. Mrs. Powers is a housewife and was present during the time the electrical work was performed. The individual performing the electrical work told Ms. Powers that he worked for Respondent and was being paid on an hourly basis. The plumbing work performed at the Powers' project included: (1) installation of hot and cold water lines for the bathroom sink, which were tied into the existing water supply; (2) a water line to the toilet, and (3) a drain pipe from the toilet to the existing septic tank. The individual performing the plumbing work told Ms. Powers that he worked for Respondent on an hourly basis and that he was a licensed plumber. When Respondent was advised of the problems at the construction site, he immediately obtained the necessary permits and offered to correct some of the building problems. The Powers refused Respondent's offer to correct the problems because they were concerned as to whether the remedial measures proposed by Respondent were actually feasible. From an appearance standpoint, the measures contemplated by Respondent were not feasible. In April 1984, Respondent contracted with Glenn and Debora Blanchard of 521 Astral Avenue, Jacksonville, Florida for the construction of a room addition. The total contract price was $6,780.00. Respondent received $3,390.00 as a down payment on the contract; the balance was due upon completion. The contract called for the construction of a room addition between the existing home and the garage. The room addition was to be completed to the "dry-in" stage only. The contract also included re-roofing the entire residence. The Respondent sub- contracted the Blanchard project to a person by the name of A. Rhoden. Mr. Rhoden agreed to obtain all permits, draw all plans and specifications and obtain all required inspections with the exception of the roofing aspects of the project. Neither Respondent nor the sub-contractor obtained a building permit prior to commencing construction at the Blanchard's residence as required. Neither Respondent nor the sub-contractor submitted building plans and specifications to the City of Jacksonville Building Department prior to commencing construction. Neither Respondent nor the sub-contractor requested the building department perform any type of building inspections during the process of construction In May 1984, Ms. Blanchard became concerned because the concrete slab appeared uneven and had developed a crack. She contacted the City of Jacksonville Building Department because she was concerned with the quality of the work being performed. On May 30, 1984 the City of Jacksonville Building Department and Zoning Inspection Division issued a stop work order on construction work being performed at the Blanchard residence. The Notice of Violation cited the failure to submit building plans and failure to obtain a building permit prior to commencing construction at the project site. On June 11, 1984 Respondent obtained building permit no. 7047 from the City of Jacksonville Building and Zoning Inspection Division for the construction work at the Blanchard residence. Such Permit was obtained after commencement of the project. Shortly after commencement of construction, Respondent met with Mr. Blanchard at the project site to discuss a few changes to the original plans. In late April, 1984, Respondent told Mr. Blanchard that a building permit had been obtained, when in fact, no building permit had been obtained. Respondent told Mr. Blanchard that the permit needed to be kept at his office. The construction of the room addition included the forming and pouring of a monolithic slab. The City building department inspects the excavation of the slab prior to the pouring of concrete. A tie-beam inspection is required after the foundation is poured and the masonry walls are erected. Neither inspection was performed nor requested. The Respondent told Mrs. Blanchard that two (2) inspectors had inspected the property, when in fact no inspectors had inspected the property because no building permit had been applied for at the time Respondent made such statement. Unless a building permit is obtained, the City is generally not aware that a construction project is being undertaken and, therefore, does not conduct building inspections. Lewis D. Franks, an expert in residential construction inspected the work done at the Blanchard's home on behalf of the City of Jacksonville Building Department. Several problems existed in regard to the Blanchard project. There was a large crack in the concrete which resulted from the settling of the southeast corner of the building. The settling of the southeast corner resulted from either an inadequate footing or none at all. Also, the roof rafters were not centered properly and were about fourteen (14) feet off. The Blanchard project was of very poor workmanship, the construction was not structurally sound, and the project failed in several respects to meet requirements of the City of Jacksonville Building Code. When Respondent found out that no permit had been obtained he promptly drew up plans and specifications and obtained a permit from the City of Jacksonville Building Department. The Blanchards, thereafter, refused to allow Respondent to continue working on the project. The roofing portion of the Blanchard project was sub- contracted by Respondent to Richard Davenport. Mr. Davenport holds a state license as a roofing contractor and a local occupational license. Mr. Davenport's sub-contract called for him to tear off the existing roof, carry off the rotten wood and put on a new roof. Respondent was not satisfied with the roofing job done by Mr. Davenport and failed to pay him for such roofing job. Thereafter, Mr. Davenport demanded payment from the Blanchards but they also refused to pay him. Mr. Davenport filed a Claim of Lien against the Blanchards' property. However, the Blanchards hired an attorney and the Claim of Lien was dismissed. Respondent's failure to pay Mr. Davenport was based on his good faith belief that the roofing job was not done in a satisfactory manner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondent be found guilty of failing to supervise the construction activities of the company which he qualified and incompetence in the practice of contracting as alleged in Count One of the Amended Administrative Complaint. It is further recommended that all other alleged violations contained in Count One of the Amended Administrative Complaint be dismissed. That Respondent be found guilty of failing to supervise the construction activities of the company which he qualified and incompetence in the practice of contracting as alleged in Count Two of the Amended Administrative Complaint. It is further recommended that all other alleged violations contained in Count Two of the Amended Administrative Complaint be dismissed. That Count Three of the Amended Administrative Complaint be dismissed, the Petitioner failing to introduce any evidence in regard to Count Three and requesting that it be dismissed. It is further RECOMMENDED that Respondent's building contractor's license be suspended for a period of 6 months and that an administrative fine in the amount of $500.00 be assessed. DONE and ORDERED this 30th day of October, 1985 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON 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 30th day of October, 1985. * Count Three of the Administrative Complaint was voluntarily dismissed by Petitioner and, in any event, was not established by the evidence. COPIES FURNISHED: Douglas Beason, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 M. Carolyn Givens 8741 Free Avenue Jacksonville, Florida 32211 Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esq. General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 James Linnan Executive Director Department of Professional Regulation O. Box 2 Jacksonville, Florida 32202 APPENDIX Pursuant to Section 120.59(2), Florida Statutes (1983), the following is submitted in response to Petitioner's and Respondent's Proposed Findings of Fact: Petitioner's Proposed Findings of Fact: Paragraph Ruling (general finding) Accepted; see paragraph 1, R.O. Accepted; see paragraph 2, R.O. (DPR Case #0049083) Accepted; see paragraph 3, R.O. Accepted; see paragraph 3, R.O. Accepted; see paragraphs 5, 6 and 7, R.O. Partially accepted; see paragraphs 4 & 11 Petitioner's proposed finding "the individual performing the electrical work was Respondent's employee and was being paid on an hourly basis" is rejected on the basis that the evidence presented on that issue consisted of uncorroborated hearsay which did not fit within any recognized exception to the hearsay rule. Partially accepted; see paragraphs 4, 7, 11 and 12, R.O. Petitioner's finding that "the plumbing work was performed by Respondent's employee" is rejected on the basis that the evidence presented on that issue consisted of uncorroborated hearsay. Accepted; see paragraphs 9 and 10, R.O. Accepted; see paragraph 10, R.O. Accepted; see paragraph 13, R.O. Accepted; see paragraph 13, R.O. (DPR Case #0049788) Accepted; see paragraph 14, R.O. Accepted; see paragraphs 15, 16, 17 and 23, R.O. Accepted; see paragraphs 17 and 22, R.O. Partially accepted; see paragraph 17, R.O. Facts not covered by paragraph 17are rejected as irrelevant and immaterial. Accepted; see paragraphs 18 and 19, R.O. Partially accepted; see paragraphs 21 and 23, R.O. Facts not covered therein are rejected as irrelevant and immaterial. Accepted; see paragraph 24, R.O. Accepted; see paragraph 24, R.O. Respondent's Proposed Findings of Fact Finding: Ruling: Accepted; see paragraph 3, R.O. Accepted; see paragraphs 4 and 5, R.O. Accepted; see paragraphs 5, 6, 7 and 13. Partially accepted; see paragraph 13. Findings not covered therein are rejected as irrelevant and immaterial. Rejected as irrelevant and immaterial. Accepted; see paragraph 13, R.O. Rejected as a conclusion of law. Accepted; see paragraph 14, R.O. Respondents claim that the contract called for the construction of a dry-in addition and not a "room addition" is considered immaterial. Accepted; see paragraph 14, R.O. Accepted; see paragraph 26, R.O. Accepted; see paragraph 25, R.O. Accepted; see paragraph 25, R.O. Rejected as irrelevant. Accepted; see paragraph 25, R.O. Rejected as a conclusion of law. ================================================================ =
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, I hereby make the following findings of fact: Respondent is, and has been at all times material hereto, a certified building contractor, a registered mechanical contractor and a certified air conditioning contractor in the state of Florida having been issued license numbers CB-CA09793, RM-0031246 and CA-C024348, respectively. At all times material hereto, Respondent's building contractor and air conditioning contractor licenses qualified George E. Bonsino and Associates, Inc., Jacksonville, Florida. In February 1984, Respondent contracted with Carl and Patricia Powers of 4530 Victor Street, Jacksonville, Florida for the construction of a room addition. The contract was presented to the Powers by Peter Stamires. Mr. Stamires was, at the time, acting as sales manager for George E. Longino and Associates, Inc. The contract price was approximately $13,000.00 and construction of the Powers' room addition was estimated to be completed by March 30, 1984. On March 20, 1984 Respondent received from Carl and Patricia Powers a payment of $6,850.00 on the contract. On May 4, 1984 Respondent received from Carl and Patricia Powers an additional payment of $5,000.00 on the contract. The contract called for a "dry-in room" only, i.e., the room was to be put to a stage where water would not penetrate it. The contract also included: (1) covering the existing asbestos shingles with a cut brick and stone veneer; (2) the installation of aluminum windows; (3) the installation of aluminum gables and eaves; (4) re-roofing the entire home; and (5) the installation of overhead lights, light switches and electrical outlets. Respondent's contract with the Powers contemplated that electrical work would be done, but did not include any plumbing. Respondent sub-contracted the Powers' project to two (2) individuals, Mr. Walker and Mr. Todd. Respondent did not know what type of license Mr. Walker or Mr. Todd held and was never shown a license by either individual. Mr. Walker agreed to obtain permits for the Powers' project, to submit building plans and specifications, and to request the mandatory building inspections. Neither the Respondent nor the sub-contractors obtained a City of Jacksonville building permit prior to commencing construction of the Powers' room addition. Neither Respondent nor the sub-contractors submitted building plans and specifications for approval by the, City of Jacksonville Building Department prior to commencing construction at the Powers' residence as required. Neither Respondent nor the sub-contractors requested the City of Jacksonville Building Department to perform any type of building inspections during the process of construction, as required. On June 11, 1984 Respondent obtained building permit no. 7048 from the City of Jacksonville Building and Zoning Inspection Division for the Powers' project. Shortly after construction commenced, the Powers became concerned with the quality of work being performed. Respondent, while at the project site near the end of March, told Mr. Powers that a building permit had been obtained for the project. However, at that time, no building permit had been obtained. Mr. Theron Brannan, a building inspector for the City of Jacksonville, became involved with the Powers' case when Mrs. Powers called in May 1984 and complained about ;he work being performed by Respondent. Mr. Brannan checked and found that no permit had been issued. He then went out and inspected the construction site. Mr. Brannan found that the walls were approximately 3 or 4 inches out of alignment and that the floor was spongy and needed repair. Major work would have been required to straighten the walls. In Mr. Brannan's opinion, the work was well below average and was of very poor quality. Electrical and plumbing work was performed at the Powers' project site. Ten (10) electrical outlets, six (6) overhead lights and six (6) light switches were installed. The electrical work also included a 220 volt outlet for a clothes dryer. Mrs. Powers is a housewife and was present during the time the electrical work was performed. The individual performing the electrical work told Ms. Powers that he worked for Respondent and was being paid on an hourly basis. The plumbing work performed at the Powers' project included: (1) installation of hot and cold water lines for the bathroom sink, which were tied into the existing water supply; (2) a water line to the toilet, and (3) a drain pipe from the toilet to the existing septic tank. The individual performing the plumbing work told Ms. Powers that he worked for Respondent on an hourly basis and that he was a licensed plumber. When Respondent was advised of the problems at the construction site, he immediately obtained the necessary permits and offered to correct some of the building problems. The Powers refused Respondent's offer to correct the problems because they were concerned as to whether the remedial measures proposed by Respondent were actually feasible. From an appearance standpoint, the measures contemplated by Respondent were not feasible. In April 1984, Respondent contracted with Glenn and Debora Blanchard of 521 Astral Avenue, Jacksonville, Florida for the construction of a room addition. The total contract price was $6,780.00. Respondent received $3,390.00 as a down payment on the contract; the balance was due upon completion. The contract called for the construction of a room addition between the existing home and the garage. The room addition was to be completed to the "dry-in" stage only. The contract also included re-roofing the entire residence. The Respondent sub contracted the Blanchard project to a person by the name of A. Rhoden. Mr. Rhoden agreed to obtain all permits, draw all plans and specifications and obtain all required inspections with the exception of the roofing aspects of the project. Neither Respondent nor the sub-contractor obtain ed a building permit prior to commencing construction at the Blanchard's residence as required. Neither Respondent nor the sub-contractor submitted building plans and specifications to the City of Jacksonville Building Department prior to commencing construction. Neither Respondent nor the sub-contractor requested the building department perform any type of building inspections during the process of construction In May 1984, Ms. Blanchard became concerned because the concrete slab appeared uneven and had developed a crack. She contacted the City of Jacksonville Building Department because she was concerned with the quality of the work being performed. On May 30, 1984 the City of Jacksonville Building Department and Zoning Inspection Division issued a stop work order on construction work being performed at the Blanchard residence. The Notice of Violation cited the failure to submit building plans and failure to obtain a building permit prior to commencing construction at the project site. On June 11, 1984 Respondent obtained building permit no. 7047 from the City of Jacksonville Building and Zoning Inspection Division for the construction work at the Blanchard residence. Such Permit was obtained after commencement of the project. Shortly after commencement of construction, Respondent met with Mr. Blanchard at the project site to discuss a few changes to the original plans. In late April, 1984, Respondent told Mr. Blanchard that a building permit had been obtained, when in fact, no building permit had been obtained. Respondent told Mr. Blanchard that the permit needed to be kept at his office. The construction of the room addition included the forming and pouring of a monolithic slab. The City building department inspects the excavation of the slab prior to the pouring of concrete. A tie-beam inspection is required after the foundation is poured and the masonry walls are erected. Neither inspection was performed nor requested. The Respondent told Mrs. Blanchard that two (2) inspectors had inspected the property, when in fact no inspectors had inspected the property because no building permit had been applied for at the time Respondent made such statement. Unless a building permit is obtained, the City is generally not aware that a construction project is being undertaken and, therefore, does not conduct building inspections. Lewis D. Franks, an expert in residential construction inspected the work done at the Blanchard's home on behalf of the City of Jacksonville Building Department. Several problems existed in regard to the Blanchard project. There was a large crack in the concrete which resulted from the settling of the southeast corner of the building. The settling of the southeast corner resulted from either an inadequate footing or none at all. Also, the roof rafters were not centered properly and were about fourteen (14) feet off. The Blanchard project was of very poor workmanship, the construction was not structurally sound, and the project failed in several respects to meet requirements of the City of Jacksonville Building Code. When Respondent found out that no permit had been obtained he promptly drew up plans and specifications and obtained a permit from the City of Jacksonville Building Department. The Blanchards, thereafter, refused to allow Respondent to continue working on the project. The roofing portion of the Blanchard project was sub- contracted by Respondent to Richard Davenport. Mr. Davenport holds a state license as a roofing contractor and a local occupational license. Mr. Davenport's sub-contract called for him to tear off the existing roof, carry off the rotten wood and put on a new roof. Respondent was not satisfied with the roofing job done by Mr. Davenport and failed to pay him for such roofing job. Thereafter, Mr. Davenport demanded payment from the Blanchards but they also refused to pay him. Mr. Davenport filed a Claim of Lien against the Blanchards' property. However, the Blanchards hired an attorney and the Claim of Lien was dismissed. Respondent's failure to pay Mr. Davenport was based on his good faith belief that the roofing job was not done in a satisfactory manner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondent be found guilty of failing to supervise the construction activities of the company which he qualified and incompetence in the practice of contracting as alleged in Count One of the Amended Administrative Complaint. It is further recommended that all other alleged violations contained in Count One of the Amended Administrative Complaint be dismissed. That Respondent be found guilty of failing to supervise the construction activities of the company which he qualified and incompetence in the practice of contracting as alleged in Count Two of the Amended Administrative Complaint. It is further recommended that all other alleged violations contained in Count Two of the Amended Administrative Complaint be dismissed. That Count Three of the Amended Administrative Complaint be dismissed, the Petitioner failing to introduce any evidence in regard to Count Three and requesting that it be dismissed. It is further RECOMMENDED that Respondent's building contractor's license be suspended for a period of 6 months and that an administrative fine in the amount of $500.00 be assessed. DONE and ORDERED this 30th day of October, 1985 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON 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 30th day of October, 1985.
