Findings Of Fact At all times material to this action, Respondent was and presently is a registered plumbing contractor having been issued License No. RF0038438. On August 18, 1981, the Collier County Contractor's Licensing Board revoked Respondent's competency card to practice plumbing in Collier County. The revocation was based upon Respondent's violation of Sections 4.1.10 and 4.1.17, Collier County Ordinance No. 78-02. Respondent failed to appear at the public hearing held before the Collier County Contractor's Licensing Board on August 18, 1981.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondent's license as a registered plumbing contractor be revoked. DONE and ENTERED this 9th day of August, 1983, in Tallahassee, Florida. MARVIN E. CHAVIS Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of August, 1983. COPIES FURNISHED: Xavier J. Fernandez, Esquire Nuckolls, Johnson & Fernandez Post Office Box 729 Fort Myers, Florida 33902 Danny E. Fox Route 1, Box 54 Pleasant Shade, TN 37145 Mr. James Linnan Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether Jose Ramone Garcia obtained a building permit for the purpose of aiding an uncertified or unregistered person to evade the provisions of Part 2, Chapter 468, Florida Statutes.
Findings Of Fact Jose Ramone Garcia holds a license as a general contractor issued by the Florida Construction Industry Licensing Board and is licensed as doing business as Gabros Construction. Jose Ramone Garcia, on or about April 26, 1974, obtained a building permit No. 74-1006 issued by Collier County Building Department to build a home at 378 Seabee Avenue, Vanderbilt Beach, Florida. The home at 378 Seabee Avenue, Vanderbilt Beach, Florida, was built by Roger Dulaney, an unlicensed person, who had contracted verbally to build said home with Mr. William E. Young, the owner of the real property. Jose Ramone Garcia obtained the building permit No. 74-1006 with money given to him by Roger Dulaney, but Jose Ramone Garcia did not receive any compensation for his assistance to Roger Dulaney. Jose Ramone Garcia did not contract with William E. Young to build the home at 378 Seabee Avenue, Vanderbilt Beach, Florida. Jose Ramone Garcia did not contract with any of the subcontractors or materialmen for services or goods used in the construction of the home at 378 Seabee Avenue, Vanderbilt Beach, Florida. Jose Ramone Garcia was frequently at the construction site at 378 Seabee Avenue and did oversee the construction which Dulaney directed. Garcia did insure that all construction work done was in accordance with the specifications and plans and the building code of Collier County. All work on the home at 378 Seabee Avenue was inspected and approved by the building authorities of Collier County. With several minor adjustments, the construction was acceptable to the owners. The major problem involved with the house constructed at 378 Seabee Avenue involved the contract price of the home arrived at between Dulaney and Young. Garcia did not negotiate the contract of the construction of the house at 378 Seabee Avenue and had no knowledge of the contract price. The dispute between Dulaney and Young resulted in court action between these parties which resulted in a judgment by the court in the favor of Dulaney. Jose Ramone Garcia has been unable to obtain a building permit as a contractor in Collier County since the filing of the Administrative Complaint in January, 1976. Garcia currently resides in Collier County.
Recommendation Because the licensing privilege of Garcia has already been effectively suspended for 14 months, which is a substantial period of suspension, the Hearing Officer does not feel that a further suspension would be of any benefit. The Hearing Officer would recommend that a civil penalty of $500 be assessed against Garcia based upon the foregoing findings of fact and conclusions of law. DONE and ORDERED this 29th day of March, 1977, 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 S. Sinoff, Esquire Jacobs, Sinoff, Edwards, Alford & Burgess Post Office Drawer I Fernandina Beach, Florida 32034 Jose Ramone Garcia 9341 S. W. 38th Street Miami, Florida J. K. Linnan Executive Director Florida Construction Industry Licensing Board Post Office Box 8621 Jacksonville, Florida 32211
The Issue The Florida Construction Industry Licensing Board (Petitioner herein) seeks to revoke Carroll L. Mozingo's (Respondent herein) license to practice as a registered general contractor based on allegations which will be set forth hereinafter in detail that he diverted funds in violation of Chapter 468.112(2)(e), Florida Statutes. Based upon my observation of the witnesses and their demeanor while testifying and the entire record compiled herein, I make the following:
Findings Of Fact The Respondent is a registered general contractor, who holds current license no. RG0015876. On September 7, 1976, Respondent entered into a contract with Robert Johnson and his wife Sandra Johnson for a room addition and patio to their house located at 197 North Roscoe Blvd., Ponte Vedra Beach, Florida. The full amount of the contract plus agreed upon extras amounted to $9,640.00. (Petitioner's Composite Exhibit Number 2) Respondent applied for and obtained a building permit for the construction of the Johnson's addition on or about September 27, 1976, and construction commenced shortly thereafter. (Petitioner's Exhibit Number 1) Donald Jermaine, a St. Johns County field inspector, testified that he conducted inspections on the subject job and noted numerous violations of the St. Johns County Building Code. He coordinated the inspections for this project up until the time it was abandoned by Respondent during mid February, 1977. At the time of abandonment, the owner, Robert Johnson, had paid a total amount of $11,021.96 to Respondent and/or various suppliers. To complete the job as contracted by the parties (Johnson and Mozingo) Messr. Johnson had to pay Proctors Construction Company $2,800.00, an electrical contractor $369.00 and a plumbing contractor $520.00 for a total expenditure over and above the above referenced contract amount of $3,689.00. He testified that no additional work was done to his home. The Respondent testified that he expended $7,458.00 for materials on the Johnson project and was unable to complete it because his mortgage payments were delinquent and he was not receiving any additional monies from Messr. Johnson to fulfill his obligations. He testified that he was unable to work at night and therefore had to seek other employment with another contractor. The above explanation by the Respondent which led to his abandonment of the subject project does not excuse him from his contractual obligations to either fulfill the contract as agreed upon or to seek a renegotiation based on additional costs and/or unexpected circumstances. This was not done nor was any other explanation given as to where the additional monies in excess of $4,000.00 was spent. I therefore conclude that he engaged in a diversion of funds as alleged in the administrative complaint filed by the Petitioner on May 27, 1977. I shall so recommend.
Recommendation Based on the foregoing findings of fact and conclusions of law, I hereby recommend that the Respondent's general contractor's license be suspended for a period of two years. RECOMMENDED this 2nd day of December, 1977, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Barry Sinoff, Esquire 1010 Blackstone Building Jacksonville, Florida 32202 C. H. Hoskinson, Chief Investigator Florida Construction Industry Licensing Board Post Office Box 8621 Jacksonville, Florida 32211 Carroll L. Mozingo 1909 Ed Johnson Drive Jacksonville, Florida 32218 ================================================================= AGENCY FINAL ORDER ================================================================= BEFORE THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD, Petitioner, vs. DIVISION OF ADMINISTRATIVE HEARINGS, DOCKET NO. 77-1095 CARROLL L. MOZINGO dba CARROLL CONSTRUCTION COMPANY, RG 0015876, 1909 Ed Johnson Drive, Jacksonville, Florida 32218, Respondent. /
The Issue Whether Respondent violated section 489.129(1)(j), Florida Statutes (2005),1 by abandoning a construction project, and, if so, the appropriate discipline; and Whether Respondent violated section 489.129(1)(i) by virtue of her violation of section 489.127(1)(f), which prohibits engaging in the business or acting in the capacity of a contractor without being licensed, and, if so, the appropriate discipline.
Findings Of Fact Based on the evidence, the following facts were made: Ms. Curbelo is a certified building contractor, doing business as A+ Construction & Management, Inc. The Florida Construction Industry Licensing Board issued Ms. Curbelo License No. CBC 1255321 on March 12, 2007. She is currently licensed as the qualifying agent of A+ Construction & Management, Inc., and she was issued qualified business organization certificate of authority License No. QB53665. Before March 12, 2007, Ms. Curbelo was not licensed pursuant to chapter 489, Part I, to practice construction contracting. In December 2005, Ms. Curbelo purchased A+ Construction & Remodeling, Inc., and became its sole corporate officer. She renamed the entity A+ Construction & Management, Inc. (A+ Construction). Before March 12, 2007, A+ Construction was not duly licensed pursuant to chapter 489, Part I. Further, its predecessor, A+ Construction & Remodeling, Inc., was never duly licensed pursuant to chapter 489, Part I. On January 25, 2006, Mr. Torres was provided a proposal from Ms. Curbelo, doing business as A+ Construction & Remodeling, Inc. The proposal was to remodel, renovate, and repair Mr. Torres' home located at 1031 Hunting Lodge Drive, Miami Springs, Florida 33166. On January 27, 2006, Mr. Torres accepted the proposal, and it formed the agreement between Ms. Curbelo and Mr. Torres. Mr. Torres made an initial payment of $24,900.00 to A+ Construction on February 6, 2006, which was due under the contract upon acceptance. The agreed contract price for the work was $166,000.00. The contract contained a description of the work to be completed and a draw schedule that provided for payment as the work progressed. Mr. Torres made payments to A+ Construction for the time period of February 8, 2006, through April 10, 2007. The payments totaled $157,700.00 and corresponded with a majority of the work contracted to be completed under the contract. The only draw that Mr. Torres did not pay was in the amount of $8,300.00 that was due "upon completion" of the work. Mr. Torres credibly testified that he paid A+ Construction for work that had not been completed in order to move the job along to completion. Furthermore, Mr. Torres credibly testified that when he would question Mr. Luis Curbelo, the job-site foreman, about the status of the work, Mr. Curbelo would threaten to walk off the job. Mr. Torres identified a check, Petitioner's Exhibit 6, that he made payable to First Call Roofing dated August 23, 2007, in the amount of $5,000.00. Mr. Torres explained that he paid First Call Roofing because he was desperate to get his leaking roof repaired. Mr. Torres paid this amount even though he had previously paid A+ Construction for repairs to the roof as part of the contract. The evidence also showed that during the work, Mr. Torres requested change orders which were not part of the original contract. Although these change orders increased the costs above the original contract, it was not disputed that Mr. Torres fully paid A+ Construction for all of the work outside of the contract. Sometime in late August 2007, A+ Construction stopped work on the job and failed to return. Mr. Torres credibly testified that he had an estimate from another contractor that the construction job was left approximately 40 percent completed and that it would cost an estimated amount of $108,000.00 to complete the job. The Department, however, did not introduce any non-hearsay evidence to support the estimate to complete the work or the costs to complete the construction. After A+ Construction stopped work on the job, Mr. Torres testified that he called in a series of inspections and that his home had passed the inspections. He stated that a majority of the inspections had been called in by him. Ms. Curbelo and Mr. Luis Curbelo offered the following three explanations for why A+ Construction stopped work on Mr. Torres' house: first, Mr. Torres failed to approve a payment draw concerning installation of windows; second, Mr. Torres' construction job included work for which Mr. Torres had not paid; and finally, Mr. Torres attempted to undercut A+ Construction by directly dealing with its subcontractors. None of these offered reasons is supported by the evidence. The record clearly showed that Mr. Torres made all of the payments required under the contract, except the final draw of $8,300.00, which was due on completion of the job. Consequently, under the contract, Mr. Torres had fully paid, including amounts for windows, all amounts that were owed under the contract when A+ Construction abandoned the job. The final draw was not due until completion, and A+ Construction had not completed the job. Next, the record clearly shows that Mr. Torres paid for all change orders. Therefore, the record does not support Ms. Curbelo's claim that A+ Construction stopped work because of non-payment. Finally, the record clearly showed that Mr. Torres contracted with the roofing subcontractor to do work that A+ Construction had been paid to do, but had not done. Thus, the evidence did not support the contention that A+ Construction had stopped work because Mr. Torres attempted to undercut them by dealing with the subcontractors. The record clearly shows that Ms. Curbelo, doing business as A+ Construction, abandoned the construction job. Next, the record does not support the claim that the building inspections showed that 85 percent of the remodeling had been completed on the job and that work stopped because of Mr. Torres' non-payment. Considering that Ms. Curbelo stopped work in August 2007, a review of the building inspections shows that many of the inspections occurred after she abandoned the job. None of the inspections shows the percentage of work completed by A+ Construction. Finally, the record does not support Ms. Curbelo's testimony that Mr. Torres was aware that at the time of entering into the contract that she did not have a contractor's license and that the job was under the supervision of Joe Anon (Mr. Anon). Ms. Curbelo testified that Mr. Torres was aware the Mr. Anon would be the general contractor, as his name was on the January 25, 2006, contract. Interestingly, the document that Ms. Curbelo relies upon for her testimony is a proposal dated January 25, 2006, from A+ Construction & Management, Inc. This document is nearly identical to the 11-page proposal from the A+ Construction & Remodeling, Inc., to Mr. Torres on the same date for the repairs to the home. However, two important differences are found on the faces of the two exhibits. On Respondent's Exhibit 2, under the logo of "A+ Construction" are the terms "& Management, Inc. For Joe Anon, GC." In contrast, Petitioner's Exhibit 3 shows the logo of "A+ Construction & Remodeling" with no reference to the later company or Mr. Anon's name. Both of these exhibits purport to be from the same proposal given to Mr. Torres on the same day. Yet, out of the composite exhibit of 12 pages, only Ms. Curbelo's offered document contains Ms. Curbelo's subsequent company's name or reference to Mr. Anon. Moreover, unlike the Department's exhibit, the exhibit offered by Ms. Curbelo is unsigned by Mr. Torres. Consequently, the document offered by Ms. Curbelo is untrustworthy. Thus, the undersigned rejects as unbelievable Ms. Curbelo's claims that Mr. Torres knew that she was not a licensed general contractor and that the construction project was being overseen by a licensed contractor. Mr. Torres credibly testified in rebuttal that he did not meet Mr. Anon until after Ms. Curbelo abandoned the job. Further, Mr. Torres credibly testified that his "biggest mistake was paying ahead" to get work completed. The Department's total investigative costs of this case, excluding attorney's fees, is $414.57. The evidence showed that Ms. Curbelo does not have any prior disciplinary actions against her license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be issued by Petitioner, Department of Business and Professional Regulation, Construction Industry Licensing Board: Finding Respondent, Chandra Beth Curbelo, guilty of having violated section 489.129(1)(j), Count I of the Administrative Complaint, imposing as a penalty a fine of $7,500.00, and placing Ms. Curbelo's license on probation for a period of four years; Finding Ms. Curbelo guilty of having violated sections 489.127(1)(f) and 489.129(1)(i), as set out in Count II of the Administrative Complaint, imposing a fine of $7,500.00, and placing her license on probation for a period of four years; and Requiring Ms. Curbelo to pay the Department's costs of investigation and prosecution in the amount of $414.57. DONE AND ENTERED this 5th day of January, 2011, in Tallahassee, Leon County, Florida. S THOMAS P. CRAPPS 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 5th day of January, 2011.
The Issue The issues in this cause are those promoted by the filing of an Administrative Complaint by the Department of Professional Regulation accusing the Respondent of various violations of Chapter 489, Florida Statutes. Should the Respondent be found guilty, this action contemplates the imposition of a penalty against Respondent's license as a commercial pool contractor in Florida.
Findings Of Fact 1. Respondent, at all times relevant to this inquiry, was a registered commercial pool contractor having been issued license number RP0041725. This is a license issued by the Florida Construction Industry Licensing Board. 2..On November 18, 1983, Respondent entered into a contract under the name Kennedy Pool and Construction Co., an entity for whom Respondent serves as a qualifying agent in the commercial pool contracting business. This contract was with one Marie Robertson; however, the contract was not for the purpose of construction of a pool. It was for construction of a 20' by 24' block garage. This structure was to be free-standing and would be located adjacent to Ms. Robertson's residence, which is also used in her business. Petitioner's exhibit number 2 is a copy of the contract and reflects the $4,800.00 contract price. Robertson has paid the full amount of the contract and the garage construction was completed in January, 1984. Respondent personally built the garage. Respondent built the garage without obtaining a building permit from the City of Jacksonville, Florida. Respondent also failed to submit plans and specifications to the City of Jacksonville, which set forth the design and placement of this garage structure. Having failed to request a permit or to submit plans and specifications, Respondent made no request of the City of Jacksonville Building Department to inspect the construction related to the garage. Finally, Respondent in his licensure with the State of Florida, and license recognition with the City of Jacksonville, was not authorized to serve as a building contractor engaging in the construction of structures such as the garage in question. The project at issue entailed the pouring of a foundation; the erection of block walls the erection of a roof truss system and the installation of a roof covering of shingles. All of these items were beyond the license recognition which respondent held with the State of Florida and the City of Jacksonville. When the City of Jacksonville discovered the existence of the garage, it made the owner aware that the structure was in violation of the City of Jacksonville Building Code related to the need for obtaining a building permit, and the fact that the garage structure violated the city's set-back requirement. This later item pertained to the fact that given the commercial utilization of the property, on the part of Ms. Robertson, the garage was too close to the city street. As a consequence, Robertson was put to the inconvenience of obtaining and paying for a building permit and gaining a variance from the set-back requirements mentioned. Had the City of Jacksonville been presented with building plans and specifications, this would have alerted the city to the fact that the placement of the garage was too close to the street. When confronted with her difficulty, Ms. Robertson contacted the Respondent to gain his assistance in obtaining a building permit. The Respondent indicated that it was her problem and said that he could not get a permit because the property was business property and not private property. The Respondent was charged by the City of Jacksonville through a notice of violation of local zoning requirements related to the failure to obtain a building permit and the fact that the Respondent was not licensed by the City of Jacksonville to construct a garage at the Robertson residence. Attempts at serving the violations were not successful in that calls to the Respondent and issuance of notice of violations through certified mail, return receipt requested, were not acknowledged by the Respondent.
The Issue The basic allegations of the complaint having been proven or admitted, the sole question at hearing was one of mitigation.
Findings Of Fact Rivers is a licensed general and a licensed pool contractor. All the complaints against Rivers arose in relationship to his pool contracting activities. Rivers did begin construction of two pools in Levy County without first obtaining a building permit as required by the Levy County Building Code, a certified copy of which was identified by the Levy County Building official. Rivers paid a late fee in both instances. Although in one instance all inspections were made, in the second instance no inspections were possible because construction was essentially complete when the construction was discovered by the Levy County Building official. Rivers did fail to pay materialmen on two pools although he received payment in full for the jobs. His failure resulted in materialmen's liens being placed on the property, although Rivers provided each owner a written statement that all bills had been paid. Rivers admitted that he had not paid the materialmen because he lacked funds to do so. His contract with both parties for construction of a specified pool contained a provision stating that he would provide them an affidavit that all labor and material had been paid prior to receipt of final payment on the contract.
Recommendation Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the Residential Pool Contractor's License and General Contractor's License of Norman Rivers be suspended for a minimum of ninety (90) days and that thereafter be reinstated upon his satisfying the Board of his ability to meet his financial obligations. DONE and ORDERED this 15th day of September, 1977, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488 9675 COPIES FURNISHED: Mr. J.K. Linnan Executive Director Florida Construction Industry Licensing Board Post Office Box 8621 Jacksonville, Florida 32211 Mr. Norman Rivers 1710 South East 19th Street Ocala, Florida 32670
Findings Of Fact At all times material hereto, Respondent has been a registered roofing contractor having been issued License No. RC 0041149. Respondent's address of record is Miami, Florida. The Dade County Construction Trades Qualifying Board is authorized to discipline tradesmen and contractors in Dade County, Florida. By letter dated September 17, 1986, the Metropolitan Dade County, Florida, Building & Zoning Department advised Respondent that a formal hearing would be held before the Dade County Construction Trades Qualifying Board on 35 charges arising out of Respondent's roofing and painting activities. A formal hearing was conducted on November 13, 1986, at which time 24 of the 35 charges were dismissed, and the formal hearing was continued. By letter dated January 21, 1987, the Metropolitan Dade County, Florida, Building & Zoning Department advised Respondent that the continuation of his formal hearing would be held on February 12, 1987, at which time 4 additional charges, enumerated in that letter, would also be heard. At the conclusion of the formal hearing on February 12, 1987, 12 more of the charges were dismissed. Out of the total of 39 charges filed against Respondent, Respondent was found guilty of 3 charges. The Construction Trades Qualifying Board ordered that the business and personal certificates of Respondent be revoked and that Respondent be fined a total of $5,000. Respondent was present and had the opportunity to be heard at the formal hearing conducted on November 13, 1986, and on February 12, 1987. After Respondent was advised of the disciplinary action imposed by the Construction Trades Qualifying Board, he paid the fine imposed upon him. He also made restitution to the two homeowners involved. One of the homeowners was complaining about a leak in the roof that Respondent had installed. Respondent gave the homeowner another new roof at no cost. The other homeowner had refused to pay for the installation of the roof, and Respondent had placed a lien against the property. Respondent cancelled the lien on the property so that that homeowner received the new roof for free. Respondent's licenses were reinstated by the Dade County Construction Trades Qualifying Board, and Respondent remains in good standing with that local agency. Respondent has been previously disciplined by the Florida Construction Industry Licensing Board as a result of an informal proceeding held on January 9, 1986. The final order from that proceeding assessed a $250 fine against Respondent.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered finding Respondent guilty of the allegations contained in the Administrative Complaint filed herein and imposing against him an administrative fine in the amount of $500 to be paid by a date certain. DONE and RECOMMENDED this 29th day of February, 1988, at Tallahassee, Florida. LINDA M. RIGOT, 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 29th day of February, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-3892 Petitioner's proposed finding of fact numbered 1 has been rejected as not constituting a finding of fact but rather as constituting a conclusion of law. The remainder of Petitioner's proposed findings of fact have been adopted either verbatim or in substance in this Recommended Order. Respondent's proposed findings of fact are contained in a letter which, essentially, is simply an attempt to reargue the facts underlying the local disciplinary action and to establish the fact that he is an excellent roofer. Only those sentences which relate to the restitution made to the two customers by giving them free roofs have been adopted in this Recommended Order, and the remainder of the sentences have been rejected as being irrelevant to the issue involved in this proceeding. COPIES FURNISHED: Fred Seely, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Jonathan Ring, Esquire Peter Fleitman, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Louis Gordon 14870 Southwest 205th Avenue Miami, Florida 33187 William O'Neil, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
