The Issue Whether respondent's registered building contractor's license should be revoked, suspended or otherwise disciplined based on allegations he violated (1) Section 489.129(1)(c), Florida Statutes, in that he violated a provision of Chapter 455, Florida Statutes; (2) Section 489.129(1)(g), Florida Statutes, in that he acted in the capacity of a contractor under a name other than on his registration; and (3) Section 489.129(1)(j), Florida Statutes, in that he failed, in two material respects, to comply with the provisions of Chapter 489, Florida Statutes.
Findings Of Fact At all times material hereto, respondent was licensed by the Construction Industry Licensing Board as a registered building contractor, having been issued a license number RR 0007671. He was not, however, licensed as a roofing contractor. Neither did he, at any time, qualify Gus Schmidt Home Improvements, Inc., with the Construction Industry Licensing Board. (See Petitioner's Exhibit 1). In 1968, respondent was issued a limited general contractor's license by Palm Beach County, Florida, under which he was authorized to install roofs only on structures which he constructed; he was not authorized to re-roof existing roofs. He has continuously renewed this local license, from 1968 to the present. On November 26, 1979, he qualified Gus Schmidt Home Improvements, Inc., with the Palm Beach County Construction Industry Licensing Board, which qualifications he has maintained to the present time. (See Petitioner's Exhibits 5). At all times material hereto, he held no other certificates of competency issued by Palm Beach County, Florida. At all times material hereto, he was the only qualifier for Gus Schmidt Home Improvements, Inc. ( See Petitioner's Exhibit 5). On or about May 5, 1980, he signed and submitted a notarized letter of authorization to the Palm Beach County Building Department. By this letter, he authorized Linda DeVito, his daughter, to obtain local building permits in the name of Gus Schmidt Home Improvements, Inc., and accepted liability for all acts performed under the permits. (See Petitioner's Exhibit 6). On or about May 29, 1980, Gus Schmidt Home Improvements, Inc., contracted with Mr. and Mrs. Garrett McLaughlin to remove and replace the existing roof over the carport and entry-way of the McLaughlin's home, and waterproof the entire roof. The house is located at 2041 Upland Road, West Palm Beach, Florida. The contract was signed by an employee of the respondent, and contained a five-year warranty on the work performed by Gus Schmidt Home Improvements, Inc. The contract price was $2,532.00. (See Petitioner's Exhibit 8). On or about June 16, 1980, Linda DeVito, as the authorized agent for Gus Schmidt Home Improvements, Inc., applied for a county building permit to perform the roofing work on the McLaughlins' home. Based on her application, a county building permit, number 80-14711, was issued to Gus Schmidt Home Improvements, Inc. (See Petitioner's Composite Exhibit 7). This permit was issued based on respondent's letter of authorization, dated March 5, 1980, which was on file with the Palm Beach County Building Department. (See Petitioner's Exhibits 6 and 7). In or about August 1980, Gus Schmidt Home Improvements, Inc., completed the re-roofing work on the McLaughlins' home, without subcontracting it. Between May 29, 1980, and July 29, 1980, Mrs. McLaughlin paid Gus Schmidt Home Improvements, Inc., $2,532.00--the full contract price. (See Petitioner's Exhibit 10). A few weeks after the roofing work was completed, Mrs. McLaughlin checked the roof and discovered that the coating had not completely covered it. There were openings where stones were showing. She became concerned and called Gust Schmidt Home Improvements, Inc. She was told not to worry because the work was covered by a five-year warranty. During 1981, weeds began to grow on the McLaughlins' roof. In May or June of 1982, Mrs. McLaughlin called respondent to complain about the roof's condition. He told her that he had gotten out of the business before the work on the McLaughlins' home was completed, and that a company on Lake Avenue in West Palm Beach, Florida, had done the work on her home. He told her that he would call her back with further information, but never did. When respondent did not call back with further information, Mrs. McLaughlin checked the phone book and decided that respondent must have been referring to a company called Florida Exteriors. She called that company and was told that they would honor her warranty. But the roof on Mrs. McLaughlin's home was never repaired, even though the roof leaked where boards had been replaced.
Recommendation Based on the foregoing, it is RECOMMENDED that respondent's contractor's license be suspended for six months, and that he be administratively fined $1000. DONE AND ENTERED this 12th day of April 1984 in Tallahassee, Florida. R. L. CALEEN, JR. 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 12th day of April 1984. COPIES FURNISHED: Stephanie A. Daniel, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Gus Schmidt 602 North "A" Street Lake Worth, Florida 33460 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact The following facts were either stipulated to by the parties or not disputed by the Petitioner: The Respondent John W. Rohrback is a certified general contractor having been issued license numbers CC CA02372 and CC CO02372. Respondent is also a registered plumbing contractor having been issued license number RF 0036563 and a registered mechanical contractor having been issued license number PM 0015083. Respondent's last known address is 10282 Northwest 31st Street, Coral Springs, Florida 33065. On January 21, 1980, Statewide Insulation and Solar Systems, Inc., which was qualified at that time by Respondent, contracted with Fred Abbuehl to pressure clean, rebuild and recondition the existing roof on the Abbuehl dwelling located at 2927 Buckley Avenue, Lake Worth, Florida 33461. The contract price of $3,006 was paid in full and the job was completed. No permit was obtained for the project in violation of Section 105.1, Palm Beach County Building Ordinance. The Respondent Rohrback attempted to obtain a permit for the Abbuehl project but was informed by an employee of the local building department that a permit was not required since no structural work was involved. On May 21, 1980, Statewide Insulation and Solar Systems, Inc., which was qualified at that time by the Respondent, contracted with John F. Masden to coat Masden's roof, located at 3491 Poinciani Street, Naples, Florida 33942. The work was completed, however, no permit was obtained for the project in violation of Section 107.2, Standard Building Code as adopted by Collier County in Section 81.21, Collier County Ordinance. On May 15, 1979 and April 10, 1980, Statewide Insulation and Solar Systems, Inc., which was qualified at that time by Respondent, contracted with Ruth Arensberg to do roofing on Arensberg's home, located at 904 East Telland Boulevard, LeHigh Acres, Florida. The contract price for the 1979 contract was 8,969 while the price of the 1980 contract was 2,226. The total amount was paid in full. The permits for the Arensberg job, which were obtained from the Lee County Building Department, were signed by the Respondent and submitted by Thomas Garland, a job superintendent. The work was completed, however, the roof leaked during rainstorms. On December 4, 1980, Ruth Arensberg filed a formal complaint with Lee County, Division of Code Enforcement. The Respondent Rohrback failed to appear or acknowledge the summons to answer the complaint at the formal hearing scheduled on February 19, 1981. Thereafter, Lee County suspended the Respondent's permit pulling privileges in Lee County on February 19, 1981.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Respondent John W. Rohrback be found guilty of violating Section 489.129(1)(i), Florida Statutes (1979) and his general contractor's license be placed on probation for six (6) months. DONE and ORDERED this 7th day of April, 1983, in Tallahassee, Florida. SHARYN L. SMITH, 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 7th day of April, 1983. COPIES FURNISHED: Michael J. Cohen, Esquire Suite 101 Kristin Building 2715 East Oakland Park Blvd. Fort Lauderdale, Florida 33306 John W. Rohrback 10282 Northwest 31st Street Coral Springs, Florida 33065 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant factual findings. Respondent is a certified general contractor and has been issued license number CG CA03134. During November of 1978, Respondent, doing business through the entity of Creative Home Design, Inc., entered into a contract with Dr. Stephen Silverstein to construct a residence in Boca Raton, Florida, for the sum of $180,000. Respondent received from Dr. Silverstein a total of $140,500 for the construction he performed on the Silverstein residence. (Stipulation by the parties) Additionally, Dr. Silvertstein paid certain liens which were filed with regard to the construction performed by Respondent on his residence, to wit: P.N.A. Drywall: $5,260.00 (Petitioner's Exhibit 2) Pentagon Diversified: $3,801.34 (Petitioner's Exhibit 3) American Lumber: $8,217.50 (Petitioner's Exhibit 4) Lone Star Industries, (Petitioner's Exhibits 7 and 8) Inc. $1,293.50 Mack Industries: $4,604.29 (Petitioner's Exhibits 9 and 10) Smith and DeShield: $ 600.00 (Petitioner's Exhibit 11) Certain contractors furnishing labor and materials for the Silverstein residence based on contracts entered into by wit: Respondent also filed liens, to A. A. Marini Septic Tanks, Inc.: (Petitioner's Exhibit 21) $1,700.00 Delano Pools, Inc.: (Petitioner's Exhibit 20) $4,539.00 William D. Adeimy, Inc.: 3/ (Petitioner's Exhibit 16) $3,183.75 Climate Control Services: (Petitioner's Exhibit 17) $1,882.50 Ballavia Construction (Petitioner's Exhibit Company: 24) $5,446.00 Temperature Control: (Petitioner's Exhibit 18) $ 678.00 J. Griffin Painting: (Petitioner's Exhibit 23) $3,795.00 Central Systems, Inc.: $1,018.80 (Petitioner's Exhibit 19) Dr. Silverstein also entered into another contract for the sale of the residence being built by the Respondent whereby Dr. Silverstein agreed to sell the residence to Respondent's son, Joseph Roberts, for the sum of $210,000. (TR pages 5-6) On February 15, 1980, a notice of code violation was issued by the building official for Palm Beach County, Florida stating that the pool which was installed at the Silverstein residence was not completely enclosed by a fence or dense hedge as required by Section 500.14F of the Palm Beach Zoning Code. Respondent has failed to correct that violation. Respondent completed the Silverstein residence to a degree of completion where it could be occupied and he could move into the residence with his family. Thereafter, Dr. Silverstein eventually filed suit and was awarded a judgment evicting Respondent from the residence. (Petitioner's Exhibit 12) Respondent's son, Joseph, failed to consummate the agreement to purchase the residence. Respondent and his family vacated the Silverstein residence and, in the process, removed certain fixtures attached to the residence including carpeting, appliances, door knobs, air conditioning and air handlers, the sprinkler system, light fixtures, vanities, a whirlpool tub, washer, dryer, air conditioning vents, bidet, sprinkling pump timer, and a drop-in range. (TR pages 23-28, 128- 130, and 98-100) Dr. Silverstein filed a claim of loss with his insurance company and was paid a settlement for the loss, which included the certain charges for reinstallation and the reconnection of the various fixtures which had been removed for a total sum of $24,252.02. (Petitioner's Exhibit 13, TR 25-28) The Respondent's Position Respondent contended that he was authorized to occupy the Silverstein residence and this contention is not really in dispute herein. However, it later became necessary for Dr. Silverstein to evict the Respondent and his family from the residence when it became apparent that his son, Joseph Roberts, would not consummate the agreement to purchase the residence of Dr. Silverstein. Respondent admits to taking the fixtures and other items referred to hereinabove. Respondent was without authority to do so. Respondent contends that the various liens which were referred to hereinabove were not valid inasmuch as more than one year had elapsed during the time the work was performed and no claim of lien had been filed within that one- year period. Thus, Respondent contends the claims of lien were defective. Respondent offered no proof of payment of the various claims of lien. Additionally, Respondent states that several of the contractors did not perform work and therefore there were no amounts due and owing those companies. Specifically, Respondent contends that Marini Septic Tank did not install the septic tank but a former affiliate did and that there was an attempt to bill him twice. Additionally, Respondent contends that he paid Ballavia Construction Company for the amount claimed in cash, however he had no receipts or other documentary evidence to substantiate that transaction. As relates to the claim of Griffin Painting, Respondent contends that he paid all amounts due and owing them save $660.00. Respondent failed to introduce evidence to corroborate his claim in that regard and it is therefore rejected. Finally, Respondent furnished releases of liens and an invoice of the claim referred to hereinabove from Climate Control Services, Inc. indicating that they were paid in full. Documentary evidence received and testimony introduced herein substantiates Respondent's position and it is found that he, in fact, paid Climate Control Services, Inc. in full for the services they rendered. (Respondent's Exhibits, 4, 6, and 10) As noted hereinabove, it is found that the Respondent paid the amount due and owing William D. Adeimy, Inc., and a release of lien from that entity was received herein. (Respondent's Exhibit 3)
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Respondent's certified general contractor's license number CG CA03134 be revoked. RECOMMENDED this 24th day of May, 1985, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 1985.
The Issue This matter arose on Petitioner's Amended Administrative Complaint which charges Respondent with aiding an unlicensed person to evade Florida contracting licensing law and with conspiracy in using his general contractor's license to further such unlawful purpose. The parties submitted proposed findings of fact which have been incorporated herein to the extent they are relevant and consistent with the evidence.
Findings Of Fact Respondent is a registered general contractor, having been issued license number RG 0013006. On January 6, 1978, Respondent obtained Dixie County building permit No. 335 for the construction of Evans Square Shopping Center located in Cross City, Florida. After purchasing the raw land and securing the building permit, Respondent was unable to borrow the funds needed for construction of the shopping center, and thereafter sold his interest in the project to Allied American Properties of Florida, Inc. (Allied). On May 15, 1978, Respondent entered into a contract with Allied to construct the Evans Square Shopping Center. On May 22, 1978, Respondent entered into a con- tract with Raymond H. Moody, individually, and Florida Gulf Coast Construction Co., Inc., acting by and through its President, Raymond H. Moody, who were to perform the actual construction of the Evans Square Shopping Center. At the time of contracting, Moody and Florida Gulf Coast Construction Co., Inc., were unlicensed to perform the type of construction outlined in the contract. Florida Gulf Coast Construction Co., Inc., eventually obtained proper licensure but did so subsequent to the period at issue here. In the contract agreement with Florida Gulf Coast Construction Co., Inc., and Moody, Respondent agreed that he would assist in obtaining necessary permits and local government services required for the construction of the Evans Square Shopping Center. Subsequent to the signing of the May 22, 1978, contract, Respondent learned from Moody that neither he nor Florida Gulf Coast Construction Co., Inc., was properly licensed to perform the type of construction for which they had contracted. Respondent took no immediate action based on this information. Moody and/or Florida Gulf Coast Construction Co., Inc., continued to perform construction activities with the use of Respondent's building permit and contractor's license. Respondent received in excess of $50,000.00 with regard to the May 22, 1978, contract which included payment for the building permit he had previously obtained. He did not, however, receive reimbursement for the several hundred thousand dollars he had invested in this project before the sale to Allied.
Recommendation From the foregoing, it if RECOMMENDED that Petitioner enter a Final Order finding Respondent guilty as charged in the Amended Administrative Complaint and suspending his general contractor's license for a period of one year. DONE and ENTERED this 30th day of December, 1982, 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 30th day of December, 1982.
The Issue The issue is whether disciplinary action should be taken against the contracting licenses held by Respondent, Jeffrey J. Clark, for the reasons stated in the Administrative Complaint.
Findings Of Fact Mr. Clark, doing business as JV Clark General Contractors, Inc., is a Florida State certified general contractor with license number CGC 061010, and his license as of May 2, 2008, was "current, active." He has held this license since November 16, 1999, and there is no evidence of record that any license held by him has been the subject of disciplinary proceedings. In the same capacity Mr. Clark is a Florida State certified roofing contractor, with license number CCC 1327256 and his license as of May 5, 2008, was "current, active." JV Clark General Contractors, Inc., has a Certificate of Authority as a contractor qualified business. Its license number is QB 0018745, and as of May 5, 2008, the license was "current, active." Mr. Clark is the "qualifying agent" for JV Clark General Contractors, Inc. Mr. Clark is the sole owner and is the registered agent of a business named the Affordable Door Company, Inc. (Affordable Door), which has an address of 2811 South Nova Road, Daytona Beach, Florida. The Department is the state agency charged with providing investigation and prosecutorial services to the Board. On or about August 20, 2004, Affordable Door entered into a written contract with the Sand Dollar Condominium (Sand Dollar). The contract provided that Affordable Door would sell 13 fire doors to Sand Dollar and thereafter would install the doors. In entering into this agreement, Affordable Door was engaged in contracting, as that term is used in Subsection 489.105(6), Florida Statutes. The contract did not include Mr. Clark's license number and did not contain a written notification of the Recovery Fund. The contract required Sand Dollar to pay Affordable Door a total of $13,374.40. On August 28, 2004, Sand Dollar paid $2,769 on the contract. On October 12, 2004, Sand Dollar paid $4,430.40 on the contract, and on February 1, 2005, Sand Dollar paid the balance. On December 6, 2004, Mr. Clark applied to the City of Daytona Beach Shores Building Department for a permit to perform the work contracted by Sand Dollar. The building permit application for the Sand Dollar job was made by JV Clark General Contractors, Inc., and listed an address of 2811 South Nova Road, Daytona Beach, Florida. Mr. Clark's license number, CGC 061010, was provided on the permit application. The permit, number BP2005-41, was issued on December 20, 2004. The permit called for replacing stair doors and frames within Sand Dollar. The permit was signed by Mr. Clark and was notarized. The manufacturer of the doors to be installed required that the doors have their jams filled with grout in order to meet standards set forth in the Daytona Beach Shores Building Code. However, the grouting was not accomplished. As a result, when Daytona Beach Shores Building Inspector Steve Edmunds inspected the job, he found the work to be deficient. Marlene Wuester is the association manager for Sand Dollar. She is responsible for the operation of the 57-unit building. When Ms. Wuester learned that the doors had failed the inspection, she attempted to contact Mr. Clark. She sent a letter dated April 20, 2006, to Mr. Clark at the 2811 South Nova Road address informing him that if he did not cause the doors to meet the required standards that Sand Dollar would hire another contractor to do it, and that Sand Dollar would thereafter seek damages. Mr. Clark did not respond to the letter and did not otherwise respond to Ms. Wuester's efforts to contact him. Ultimately, Sand Dollar paid Flores-Hager and Associates, Inc., $950.00 and General Mechanical Corporation $3,900.00 to bring the doors into compliance with the applicable code. Mr. Clark testified that Affordable Door was managed by Dave Randolph and that generally the company sold doors to other contractors. The contract with Sand Dollar was exceptional and even though Mr. Clark was the permittee, the installer was a man named Jim St. Louis. Mr. Clark asserted that he did not receive communications from Sand Dollar, and therefore could not respond to Sand Dollar, because his business moved from the 2811 South Nova Road address. However, as the licensed contractor, it was Mr. Clark's duty to see that the job was completed in accordance with the applicable building code.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Construction Industry Licensing Board enter an order finding that Jeffrey J. Clark, d/b/a JV Clark General Contractors, Inc., is guilty of Counts I through IV and Count VI, and that licenses numbered CGC 061010, CCC 1327256, and QB 0018745 be suspended until such time as Jeffrey J. Clark, d/b/a JV Clark General Contractors, Inc., pays a fine in the amount of $2,000.00 and makes restitution to the Sand Dollar Condominium Association in the amount of $4,850.00. DONE AND ENTERED this 10th day of July, 2008, 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 10th day of July, 2008. COPIES FURNISHED: Jeffrey J. Clark JV Clark General Contractors, Inc. 2027 South Ridgewood Avenue Edgewater, Florida 32132 Arthur Barksdale, IV, Esquire Wright, Fulford, Moorhead & Brown, P.A. 145 North Magnolia Avenue Orlando, Florida 32801 Ned Luczynski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 G. W. Harrell, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact The record presented consists of a transcript of the proceedings before the Palm Beach County Construction Industry Licensing Board considering allegations against Ronald Pintacuda and a portion of the exhibits presented to that Board during the proceedings. The record does not contain the Administrative Complaint or other charging documents upon which the Palm Beach County Construction Industry Licensing Board proceeded against Ronald Pintacuda. The allegations against Pintacuda are summed up in a statement by Mr. Flynn, prosecuting attorney for the Board on page 6 of the transcript. The prime contention of the prosecution and the proceeding before the local board was that Pintacuda was guilty of aiding and abetting an unlicensed company to avoid the provisions of the building code by virtue of a specific agreement referred to throughout the transcript but which was not made a part of the evidentiary record presented to the Hearing Officer. Mr. Ciklin, counsel for Mr. Pintacuda, refers on page 5 to three charges outstanding against Pintacuda before the local board, and in his summation at page 38 outlines these as follows: Willful and deliberate disregard of the applicable building codes or law; Combining or conspiring with an uncertified or unregistered person (by allowing one's certificate or registration to be used by any uncertified or unregistered person with the intent to evade the provisions of this part); and Acting in the capacity of a contractor under someone else's certificate except for the name of the certificate holder. In the absence of a charging document or a statement of charges having been read into the record, Mr. Ciklin's outline of the charges considered by the local board against Ronald Pintacuda are taken as true and accurate. The critical element in consideration of this case is the time sequence of the events. The sequence of events between Ronald Pintacuda and Ralph Howell began in 1974, when Howell approached Pintacuda about forming a construction business. C Pinta & Howell, Inc., was created in a corporate reorganization from an inactive corporation, Martin & Pinta, Inc., in January, 1975. Martin & Pinta, Inc., was a corporation formed by John Martin and Ronald Pintacuda in which John Martin was president and Ronald Pintacuda vice-president. John Martin, a Canadian, ceased participation in the business upon his return to Canada, and the corporation went into an inactive status. In January, 1975, Ralph Howell approached Ronald Pintacuda about forming a construction corporation. This resulted in the formation of Pinta & Howell, Inc. Because of domestic problems, Ralph Howell's father, Alexander Howell, served as president of Pinta and Howell, Inc. Ralph Howell was construction superintendent of this corporation and was the primary manager of the Howell interests in the corporation. Pintacuda participated actively in the business affairs of Pinta & Howell, Inc., from January, 1975, until December, 1975. Although it is not explicitly stated in the transcript, it is apparent that Pintacuda decided to cease his active role in Pinta & Howell, Inc., in December, 1975. At that time Pintacuda entered an agreement with Alexander Howell which was the basis of an allegation of combining or conspiring with an uncertified or unregistered person by allowing one's certificate or registration to be used by any uncertified or unregistered person with intent to evade the provisions of the law. Although this agreement is not a part of the exhibits presented to the Hearing Officer, a portion of that agreement was read into the record by Mr. Pintacuda at page 29 of the transcript. That portion of the agreement provided as follows: Agreement between Ronald Pintacuda and Alexander Howell--That Ronald Pintacuda and Alexander Howell, officers of Howell & Pinta, Inc. stipulate that Howell & Pinta, Inc. shall not conduct any business unless both parties agree in writing to such business. This includes, but is not limited to, the signing of any contracts or financial obligations. The basis of the complaints upon which the prosecution of Pintacuda was based, arose in early 1970, when Ralph and Gerald Howell accepted contracts in behalf of Tri-County Marine Construction, Inc., and pulled permits from local authorities in the name of Pinta & Howell, Inc. In addition, Ronald Pintacuda is charged with obtaining four building permits in the name of Pinta & Howell, Inc., for construction contracts taken by Tri-County Marine Construction, Inc. (Tri-County Marine). After the formation of Pinta & Howell, Inc., Ralph Howell who was an officer in Tri-County Marine suggested to Pintacuda that Tri-County Marine be made, an affiliate or subsidiary of Pinta & Howell, Inc. Pintacuda concurred in this, and Howell had the advertising, letterhead, contracts, and yellow page advertisement for Tri-County Marine altered to reflect that Tri-County Marine was an affiliate or subsidiary of Pinta & Howell, Inc. Documentary evidence concerning the corporate status of Pinta & Howell, Inc., and Tri-County Marine which was presented to the local board was not made a part of the exhibits presented to the Hearing Officer. However, testimony of witnesses at the proceeding based upon those exhibits indicate that there was no record in the Secretary of State's office of any corporate interrelationship between Pinta & Howell, Inc., and Tri-County Marine, Inc. The testimony of Pintacuda and the contracts presented in support of the Board's case do show that Tri-County Marine represented itself to the public and functioned as an affiliate or subsidiary of Pinta & Howell, Inc. This affiliation was even recognized by the Board's prosecuting attorney, Mr. Flynn, at page 6 when he stated ". . . Tri- County Marine Construction, Inc. is an affiliate of Pinta & Howell, Inc." Initially, efforts in January, 1976, to contact Pintacuda by local Board authorities and investigators of the Florida Construction Industry Licensing Board were unsuccessful. From the testimony of Mr. Verner, investigator for the Construction Industry Licensing Board, many telephone and personal messages left with Mr. Ralph Howell and his secretary were not passed on to Mr. Pintacuda. When Mr. Pintacuda was eventually contacted by Mr. Verner, Mr. Pintacuda was cooperative, forthright, and took immediate steps to deregister as qualifier for Pinta & Howell, Inc., in an effort to prevent further abuses by Ralph and Gerald Howell. The Palm Beach County Construction Industry Licensing Board did not find Ronald Pintacuda guilty of any of the three allegations charged. The action to revoke the license of Ronald Pintacuda was on a motion by Mr. Barrett at page 41 of the transcript which does not recite a finding regarding Pintacuda's guilt of any of the allegations against him. It was this motion which was seconded and passed by the Board. The local board therefore revoked the license of Ronald Pintacuda without a finding of guilt on any of the complaints against him.
Recommendation Based upon the foregoing findings of fact and conclusions of law and review of the proceedings before the Palm Beach County Construction Industry Licensing Board, the Hearing Officer recommends that no action be taken by the Florida Construction Industry Licensing Board against the license of Ronald Pintacuda. DONE and ORDERED this 23rd day of February, 1978, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Barry Sinoff, Esquire 1010 Blackstone Building Jacksonville, Florida 32202 Alan J. Ciklin, Esquire Post Office Box 3704 Professional Plaza West Palm Beach, Florida 33402 ================================================================= AGENCY FINAL ORDER ================================================================= BEFORE THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD, Petitioner, vs. DIVISION OF ADMINISTRATIVE HEARINGS, DOCKET NO. 77-785 RONALD PINTACUDA dba TRI-COUNTY MARINE CONSTRUCTION, INC., CG C005834, 6561 Katherine Road, West Palm Beach, Florida 33406, Respondent. /
The Issue Did Respondent, Robert Skidmore, III, violate section 112.313(6), Florida Statutes (2011),1/ by using his position as county commissioner to ask a county staff member to approve a zoning application for Beach Road Boutique? Did Mr. Skidmore violate section 112.313(6) by asking a county employee to look for and selectively enforce code violations against J.J.'s Restaurant?
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following Findings of Fact are made: At all times relevant to this proceeding, Mr. Skidmore was a Charlotte County commissioner. Beach Road Boutique Zoning Scott and Jill Hemmes, constituents of Mr. Skidmore, owned a business known as Beach Road Boutique in Charlotte County. They sought to obtain a state alcoholic beverage sales license. In order to obtain a license, the applicant must demonstrate local zoning approval. Charlotte County Commission employees enforce and apply zoning regulations in the county. Erin Mullen-Travis is the licensing manager for Charlotte County Planning and Development. During 2011, she was the code compliance and licensing manager. Ms. Mullen-Travis has worked for Charlotte County over 26 years. One of Ms. Mullen-Travis's duties as code compliance and licensing manager was the review and approval of the zoning requirements on applications of establishments wanting alcoholic beverage licenses. Ms. Mullen-Travis first denied the zoning application of Beach Road Boutique on February 17, 2011. Mr. and Ms. Hemmes sought Mr. Skidmore's assistance getting approval for their zoning application. Mr. Skidmore called Ms. Mullen-Travis about the application. Mr. Skidmore told Ms. Mullen-Travis that he had some nice people in his office and that he needed help getting zoning approval for them. In her 26 years of employment with Charlotte County, Mr. Skidmore was the only county commissioner who had ever directly sought her assistance with constituent matters. Other commissioners had always gone through the chain-of-command. He identified the applicant, and Ms. Mullen-Travis explained why the zoning had not been approved. Ms. Mullen-Travis felt intimidated by Mr. Skidmore. Mr. Skidmore, however, did not threaten Ms. Mullen-Travis or explicitly offer any reward available to him because of his position as county commissioner. He did, however, implicitly offer a reward, if she helped the Hemmes. It is common knowledge in Charlotte County that Ms. Mullen-Travis is a NASCAR fan. Among other things, she drives a car with Dale Earnhardt and NASCAR badges and decals. During the call, Mr. Skidmore asked Ms. Mullen-Travis about her affinity for NASCAR. He also offered to get her an autographed photo of Rusty Wallace (a NASCAR driver) and tickets to a race. He told her that he had gone to school with Rusty Wallace's son. This is true. And Ms. Mullen-Travis could not have known it without Mr. Skidmore telling her. Given the context, Ms. Mullen-Travis accurately considered that the tickets and photo were offered in exchange for her approval of the application to the benefit of the Hemmes. Also, the call was made in Mr. Skidmore's official capacity. Charlotte County has a Home Rule Charter (Charter). Section 2.3(A)(1) of the Charter makes the county administrator responsible for all administrative matters and operations. Section 2.3(C)(1) states: "Except for purposes of inquiry and information, the members of the board of county commissioners shall not interfere with the performance of the duties of any employee of the county who is under the direct or indirect supervision of the county administration." Also, the long-established practice was for commissioners to only contact agency directors. Mr. Skidmore's call to Ms. Mullen-Travis was contrary to the Charlotte County Charter and the practice under it. Therefore, it was not an authorized act pursuant to his duties or authorities as a county commissioner. Mr. Skidmore and Ms. Mullen-Travis were the only participants in the call. He denies the conversation. Ms. Mullen-Travis's account is more credible. This is based upon her contemporaneous communications about the call, the common recollection of all witnesses of a NASCAR component to the conversation, the fact that she could not otherwise have known Mr. Skidmore went to school with Rusty Wallace's son, the relative personal interests of the witnesses in the outcome of the proceeding, and the demeanor of the witnesses, particularly of Mr. Skidmore's. Shonna Jenkins worked as a contractor licensing investigator for Charlotte County for a little over seven years. She held that position in 2011 and reported to Ms. Mullen-Travis. Mr. Skidmore had obtained Ms. Jenkins cell phone number. He had a practice of calling her directly to check on contractor licensing matters. He also contacted Ms. Jenkins to ask her to approve the Beach Road Boutique zoning application. J.J.'s Restaurant After a meeting held on March 3, 2011, Mr. Skidmore flagged Ms. Jenkins down in the parking lot. He asked her to "do him a favor," and "go shut them [J.J.'s Restaurant] down. I want them out of this f**ing town." Mr. Skidmore wanted Ms. Jenkins to find code violations for J.J.'s Restaurant. Mr. Skidmore said that he would make sure that Ms. Jenkins got a pay raise or a pay grade increase for this. Either the ex-boyfriend or ex-husband of Mr. Skidmore's wife and father of her child had an interest in J.J.'s Restaurant. There was conflict between the two families. Mr. Skidmore had also requested the Charlotte County director of Growth Management, Jeff Ruggieri, to take code enforcement actions against J.J.'s Restaurant. Ms. Jenkins was intimidated and feared her job with the county was in jeopardy if she did not do as Mr. Skidmore asked. Ms. Jenkins reported the conversation to Ms. Mullen-Travis and Joanna Colburn, a licensing investigator, immediately afterwards. Ms. Jenkins was visibly upset and shocked. She also contemporaneously documented the incident. Ms. Jenkins is and has been frank about her dislike for Mr. Skidmore. This hostility, as well as the mental and emotional difficulties Ms. Jenkins suffered as a result of her employment and dealings with Mr. Skidmore, does not undermine her testimony. In light of the witnesses' demeanor and corroborating evidence, her testimony is credible. In addition, although evidence established Ms. Jenkins was taking several medications, the record does not indicate that the medications in any way affect a person's memory or veracity. Mr. Skidmore's requests to Ms. Jenkins and Mr. Ruggieri to act against J.J.'s Restaurant were in violation of the Charlotte County Charter and, therefore, not authorized acts pursuant to his duties or responsibilities as a county commissioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order and public report be entered finding that Respondent, Robert Skidmore, III, twice violated section 112.313(6) and that he be fined $5,000 for each violation for a total of $10,000, together with public censure and reprimand. DONE AND ENTERED this 27th day of February, 2015, in Tallahassee, Leon County, Florida. S JOHN D. C. NEWTON, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of February, 2015.
