The Issue Whether a civil penalty should be imposed upon the Petitioner for alleged violations of Chapter 400, Part II, Florida Statutes?
Findings Of Fact The Petitioner owns an adult congregate living facility. On May 28, 1985, Jim Temkin, an employee of the Respondent, inspected the Petitioner's facility. As a result of this inspection, Mr. Temkin noted four violations of the rules and regulations governing the operation of Florida adult congregate living facilities. (Other deficiencies, not relevant to this proceeding, were also noted). The deficiencies noted in Mr. Temkin's May 28, 1985, inspection report were as follows: ACLF 1 Styrofoam plastic ceiling is used in the dining room, sleeping rooms, hallway, bathrooms and laundry, the kitchen has a particle board ceiling all of which appear to be combustible. . . . . ACLF 2 The kitchen has a gas range and an electrical range without exhausts or automatic extinguishing systems. . . . . ACLF 3 The outside chimney stark [sic] for the gas heater in the resident dining room does not extend above the roof. . . . . ACLF 5 Bed No. 1 & No. 2 have unprotected windows into the dining room. The deficiencies quoted in finding of fact 3 (hereinafter referred to as "ACLF 1, 2, 3 or 5"), were discussed with the Petitioner by Mr. Temkin at the conclusion of his inspection. The Petitioner was given the opportunity to select reasonable dates for correction of the problems noted by Mr. Temkin. The Petitioner accompanied Mr. Temkin during his inspection on May 28, 1985. The following dates were agreed upon by the Petitioner and Mr. Temkin for the correction of the deficiencies noted in finding of fact 3: ACLF 1: February 1, 1986. ACLF 2: September 28, 1985. ACLF 3: July 8, 1985. ACLF 5: July 8, 1985. On March 24, 1986, Mr. Temkin returned to the Petitioner's facility to determine if the deficiencies noted in his May 28, 1985, report had been corrected. Deficiencies ACLF 3 and 5 had not been corrected. Deficiencies ACLF 1 and 2 had only been partially corrected. Therefore, as of March 24, 1986, the Petitioner had failed to correct the deficiencies within the correction periods agreed upon by the Petitioner and the Respondent. ACLF 1 involved the use of materials for the roofs of the rooms noted by the Respondent in violation of Section 6-5.1.3 of the Life Safety Code, National Fire Prevention Association Codes and Standards. Use of these materials constituted an indirect hazard to residents of the facility. As of March 24, 1986, the hazardous material had been replaced with sheet rock in only the back bedrooms. ACLF 2 involved the use of a range without proper fire protection. Failure to have the proper protection constituted an indirect hazard to residents because fire could easily spread from the kitchen to other parts of the facility. The Petitioner could have chosen from at least two methods to correct this problem. The Petitioner chose to install fire doors on the two exists from the kitchen. As of March 24, 1986, only one door had been installed. ACLF 3 involved an outside exhaust from a gas heater. Mr. Temkin estimated that the exhaust extended only 9 inches above the roof. Mr. Temkin did not measure the exhaust. Instead, Mr. Temkin merely observed the exhaust from the ground. Mr. Temkin's estimate is insufficient to prove that the exhaust was less than 2 feet above the roof. ACLF 5 involved two windows between two bedrooms and the "dining room." In fact, the windows were between two bedrooms and a sitting room; not the dining room. These windows did not, however, provide sufficient protection from fire outside the bedrooms to meet Chapter 17 of the Life Safety Code, National Fire Prevention Association Codes and Standards. The windows constituted an indirect risk to residents because fire could easily spread from the sitting room into the bedrooms. On May 1, 1986, Mr. Temkin inspected the Petitioner's facility again. ACLF 1, 3 and 5 had still not been corrected. Therefore, a new date was agreed upon for the correction of these items: August 1, 1986. The new date was not an extension of time. The new date was given simply because the Petitioner had failed to meet the originally prescribed date and a completion date had to be re-established. At no time before or after the original completion dates for ACLF 1, 2, 3 and 5 did the Respondent agree to a different completion date in substitution of the original dates or extend the original extension dates. The Petitioner took steps to correct ACLF 1, 2, 3 and 5. The steps taken by the Petitioner were not, however, successful in insuring that the deficiencies were corrected by the completion date originally agreed to by the Petitioner and the Respondent. The Petitioner has not been charged at any other time with a violation of the law applicable to the operation of an adult congregate living facility.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That the Petitioner be found guilty of, and a total civil penalty of $200.00 be imposed for, violating the Class III deficiencies identified by the Respondent as ACLF 1 and 2. It is further: RECOMMENDED: That the Petitioner be found not guilty of the Class III deficiencies identified by the Respondent as ACLF 3 and 5. DONE and ORDERED this 22nd day of January, 1988, in Tallahassee, Florida. LARRY J. SARTIN 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 22nd day of January, 1988. COPIES FURNISHED: Narvel Armstrong, pro se Post Office Box 261 Vernon, Florida 32462 John R. Perry, Esquire Assistant District 2 Legal Counsel Department of Health and Rehabilitative Services 2639 North Monroe Street Suite 200-A Tallahassee, Florida 32303 Sam Power, Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue Whether the Agency for Persons with Disabilities (APD) properly denied the application for licensure renewal sought for the group home facility license held by Tracy Court Group Home, owned and operated by V-Agape, LLC.
Findings Of Fact Petitioner is the state agency charged with regulating the licensing and operation of foster care facilities, group home facilities, and residential habitation centers pursuant to section 20.197 and chapter 393, Florida Statutes. At all times material to this complaint, Respondent held foster or group home facility licenses issued by APD. The current group home license issued for V-Agape, LLC, located at 19103 Tracy Court, Lutz, Florida 33548, is owned by Tonya Nelson, the sole managing member. Respondent has contracted with APD to provide the residents with Medicaid waiver developmental disability residential habitation services. HCSO conducts investigations of reports of abuse, neglect, abandonment, and threats of harm to children on behalf of DCF. Investigations of abuse, neglect, abandonment, and threats of harm are initiated by reported incidents through the Florida Abuse Hotline. Karen Gonzalez is the supervisor of the Specialized Investigating Unit. She supervises the CPIs who perform the abuse hotline investigations. Ms. Gonzalez supervised Robert Hoon and Jennifer Campbell, both CPIs. A report was made to the Florida Abuse Hotline on January 24, 2014, that a minor female resident of Respondent’s Tracy Court Group Home sustained bruising and a red mark on the back of her hand from being struck on her hands by Tonya Nelson. The resident is non-verbal and intellectually disabled. The subsequent investigation by CPI Hoon, on behalf of DCF, was ultimately closed with verified indicators for physical injury upon the minor resident living in the Tracy Court Group Home, but did not identify the caregiver responsible. CPI Hoon reviewed and discussed the investigation with Supervisor Gonzalez before he prepared the Investigative Summary (IS). When conducting investigations, the CPI reviews the prior history of incidents reported on a group home and its owner/operator. In subsection “D. Prior Reports and Service Records Implications for Child Safety,” CPI Hoon reported that: There are prior reports on the facility that include concerns for physical discipline in the foster home and to her o[w]n children. There is a verified report in 2012 for physical injury and the aps [adult perpetrators] where [sic] Tonya Nelson and the aunt as it is unknown who caused the injuries. Ms. Gonzalez testified that prior reports are reviewed in conducting their investigations to determine whether a pattern of concern for the health and safety of the children placed in that home and for the caretakers caring for the children in the home exists. The CPIs utilize DCF Operating Procedure (CFOP) 175-28, Child Maltreatment Index, as a guideline in conducting their investigations. A “verified finding” is made when a preponderance of the credible evidence results in a determination that the specific harm or threat of harm was the result of abuse, abandonment, or neglect. CPI Campbell explained the application of CFOP during an investigation: [I]t . . . breaks down the different maltreatments that are investigated under the umbrella of abuse, neglect, and abandonment, and it provides a guideline for the definitions of what the different maltreatments are, and the different types of supporting evidence and documents that may be needed when supporting a maltreatment when the investigator comes up with the findings. It’s basically a guideline for investigations, because when a report comes in it may not be just one maltreatment, there may be a number of different maltreatments; or an investigator may identify a maltreatment during the course of an investigation, and so this provides a guideline for the investigator. On May 20, 2014, a report was made to the Florida Abuse Hotline about a minor resident of Respondent’s Tracy Court Group Home. An investigation was commenced concerning unexplained bruises observed on the resident, a vulnerable minor. CPI Campbell completed the investigation and prepared the IS. She discussed the verified findings with Supervisor Gonzalez. CPI Campbell is an experienced investigator, having had 11 years of service with HCSO following five years’ experience as a CPI in Michigan. The report of May 20, 2014, was a “Supplemental” report since, according to Supervisor Gonzalez, it came in right after the initial risk sequence. Rather than creating an entire new report, this one became supplemental to the prior one. The IS stated that the resident had a large bruise on her left thigh and bruises on her left arm and the back of her leg. Ms. Nelson was not able to explain how the minor resident sustained the bruises on her leg and arm. CPI Campbell became involved with Ms. Nelson and the investigation of the group home when Supervisor Gonzalez gave her the task of completing the investigation initiated by CPI Krisita Edwards. At the time CPI Campbell took over the investigation, CPI Edwards had been assigned to other duties. CPI Campbell explained that it was not unusual for a second investigator to complete work begun by another since all their notes are kept on a central database known as the Florida Safe Families Network (FSFN), where all contacts are noted, as well as the investigative summary. CPIs Edwards and Campbell collaborated on the investigation in this case. CPI Edwards entered her initial findings in the FSFN, which was picked up and continued by CPI Campbell when she took over the case. The two CPIs have collaborated on other cases in a similar fashion. The initial documentation by CPI Edwards was performed within 48 hours of the call coming into the abuse hotline as required. CPI Campbell’s completion of the report and investigation occurred after she had spoken with CPI Edwards and discussed the matter with Supervisor Gonzalez. The result of the investigation concerning the bruises on the minor resident was that the bruises were “indeterminate for physical abuse” and “indeterminate for supervisory neglect” due to the fact that a specific cause of the injuries could not be determined. Further, since the minor resident had been removed to another group home, the report concluded that there existed no continuing threat to the resident’s well-being. Even though the resident had been removed from the Tracy Court Group Home and, therefore, was not in any danger of being further harmed, CPI Campbell continued to have serious concerns about the care of residents in the group home. She believed that several allegations of the same type of harm were being made in the group home and that they could not ask the resident how she received her injuries since she was non-verbal. Myra Leitold, an APD residential licensing supervisor, had monitored the Tracy Court Group Home for the previous nine and one-half years. On December 28, 2012, she observed that a door lock to the office and bedroom was keyed so that it could be readily opened from the inside which, she believed, created a safety hazard. Between December 2012 and August 2014, the group home was cited for ten violations of Medication Administration Procedures. On one of her visits, in December 2012, Ms. Leitold noted that no current prescription was present for one of the residents, and that the label on the prescription bottle did not match the prescription drugs inside the bottle. Additionally, she found that the accounting for one of the resident’s finances was not current and that the temperature inside the group home was a chilly 65 degrees Fahrenheit. Mitchell Turner, human services program specialist for APD, recorded numerous medication administration violations at the group home. He noted on May 30, 2013, that the medication prescriptions and instructions for the Medical Administration Record (MAR) did not match. On June 18, 2013, he discovered that the wrong dosage of prescription was being given to a resident, and Ms. Nelson admitted this mistake. Mr. Turner grew so concerned about the prescription irregularities that he requested Pamela Lassiter, a medical case management registered nurse, to review the group home. Nurse Lassiter was sent to the home where she discovered and cited the home for three additional prescription violations. Even following Nurse Lassiter’s visit, on another trip to the group home on April 9, 2014, Mr. Turner cited an additional MAR violation. He believed these violations posed a health and safety risk to the residents affected and exhibited a pattern of neglect by Respondent to the health and safety of vulnerable children. During the period when prescription and other violations were noted, on January 11, 2013, Ms. Nelson exceeded the maximum licensed capacity of three in the group home when she accepted a fourth resident. She did not have prior written approval from APD to exceed her licensed capacity of residents. On September 25, 2013, Mr. Turner issued a Notice of Non-Compliance (NNC) because Ms. Nelson again exceeded the licensed capacity for the number of residents in the group home without prior written approval from APD. Mr. Turner expressed his concerns over the repeated violations by Respondent. Ms. Nelson testified that she had received verbal approval for the placements in excess of the home’s licensed capacity from Meisha Stewart, residential placement coordinator for APD, and that on a prior occasion in 2012, she had accepted a resident after receiving verbal approval. This testimony was rebutted by both Geraldine Williams, the former regional operations manager for APD’s Suncoast Region, and Ms. Leitold, who testified she had never known APD to give verbal approval for a placement of a resident in a group home. With the high volume of referrals APD makes to group homes, they cannot operate in a system where verbal placements occur. All placements must be made in writing. When a provider receives a NNC, the provider is required to submit and successfully complete a Corrective Action Plan (CAP). Mr. Turner testified that Ms. Nelson did not submit or successfully complete a CAP for the MAR violations. On January 17, 2013, Ms. Leitold visited the group home and observed the following violations: volatile materials were not stored in approved metal containers and three prescriptions for a resident’s medications were not present. The gasoline, charcoal, and lighter fluid found by Ms. Leitold were required to be stored in approved metal containers. Keeping these materials in the open posed a safety hazard for the minor residents by giving them access to volatile materials. On November 4, 2014, Ms. Nelson sent an email to Meisha Stewart advising her she intended to accept a non-APD client for placement in the Tracy Court Group Home without APD’s prior approval. Ms. Nelson testified that since that same resident had been placed in the Tracy Court Group Home for a six-month period in 2013, she believed she did not need a new approval in 2014.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Agency for Persons with Disabilities enter a final order denying V-Agape, LLC, d/b/a Tracy Court Group Home’s application for license renewal. DONE AND ENTERED this 6th day of November, 2015, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN 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 6th day of November, 2015. COPIES FURNISHED: Brian F. McGrail, Esquire Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 (eServed) Lindsey Ann West, Esquire The Plante Law Group, PLC 806 North Armenia Avenue Tampa, Florida 33609 (eServed) Gerald D. Siebens, Esquire Agency for Persons with Disabilities 1313 North Tampa Street, Suite 515 Tampa, Florida 33602-3328 (eServed) Barbara Palmer, Executive Director Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 (eServed) Richard D. Tritschler, General Counsel Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 (eServed) David De La Paz, Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 (eServed)
The Issue Whether Respondent committed the offenses alleged in the Amended Administrative Complaint, and, if he did, what disciplinary action should be taken.
Findings Of Fact Based on the evidence received at the final hearing, the following findings of fact are made. At all times material to this case the Respondent, Randall Warren Lefevers, was licensed as a certified general contractor in the State of Florida, holding license number CG C019413. At all times material to this case the Respondent was the qualifying agent for Homes America Builders, Inc. (Homes America). In early November 1987, Mrs. Maria Caneri contacted Respondent by telephone at his offices with Homes America Builders, Inc. This initial contact was in response to an advertisement published by Homes America. Mrs. Caneri discussed with Respondent that she wanted to remodel her bathrooms. Ben Riahi, the chief estimator for Homes America, visited Mrs. Caneri in the home she and her husband owned at 1271 Quail Avenue, Miami Springs, Florida, on November 7, 1987. Homes America, through Mr. Riahi, and Mrs. Caneri contracted by written agreement on November 7, 1987, for Homes America to do the remodeling work for Mrs. Caneri at a price of $2,500.00. The job included plumbing work that could only be done by a plumbing contractor. Neither Respondent nor Homes America is licensed to do plumbing work. On November 7, 1987, Mrs. Caneri paid to Homes America the sum of $250.00 by check given to Mr. Riahi and made payable to Homes America. On November 19, 1987, Mrs. Caneri paid to Homes America the sum of $1,000.00 by check given to Mr. Riahi. At Mr. Riahi's instructions, this second check was made payable to Randall W. Lefevers. In response to repeated telephone calls from Mrs. Caneri, Homes America made empty promises to perform the work and gave numerous excuses to Mrs. Caneri as to why the work had not been done. The only progress Homes America made toward performing its contract was the measuring of the rooms to be remodeled and the drafting of blueprints. The rooms were measured on two occasions. The first was by Mr. Riahi on November 7, 1987. The second occasion was in early December 1987 by the cabinet maker who had been subcontracted to do the cabinet work. None of the actual remodeling work was done by Homes America. On February 16, 1988, Mrs. Caneri demanded her money back from Homes America. On February 23, 1988, Mr. Riahi promised to refund Mrs. Caneri's money the next day Mr. Riahi never called Mrs. Caneri again and never responded to her numerous attempts to contact him. A final judgment was entered in favor of Mrs. Caneri against Homes America as the result of a civil action she filed against Homes America. As of the time of the final hearing in this matter, the final judgment had not been satisfied. Mrs. Caneri incurred costs and attorney's fees in securing the final judgment. Petitioner is the state agency charged with the regulation of contractors in the State of Florida. Petitioner filed an Amended Administrative Complaint against Respondent which alleged, in pertinent part, as follows: Respondent exceeded the scope of his license concerning the type of work contracted to be performed, violating Florida Statutes Section 489.129(1)(j), 489.115(1)(b), 489.117(2), and 489.113(3), by contracting to perform plumbing work. There was financial mismanagement and/or misconduct in connection with the work contracted to be performed, attributable either to Respondent directly or to Respondent's failure to properly supervise, in violation of Florida Statutes Sections 489.129(1)(h), (m), as generally exhibited by, but not limited to, failing to keep proper financial records, taking a deposit and never beginning work nor refunding the unearned deposit within any reasonable time. Respondent denied the violations and timely requested a formal administrative hearing of this matter by the election of rights form he filed. Three prior letters of guidance have been issued by Petitioner to Respondent.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered which finds Respondent guilty of having violated Sections 489.129(1)(h) and (m), Florida Statutes; which suspends Respondent's contractor's license for a period of one year, which imposes a fine against Respondent in the amount of $5,000.00 for such violations, and requires that the fine be paid within ninety days of the entry of a final order in this proceeding. DONE and ENTERED this 13th day of July, 1989, in Tallahassee, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of July, 1989. APPENDIX The proposed findings of fact submitted on behalf of Petitioner are addressed as follows: Addressed in paragraph 1. Rejected as being irrelevant. Addressed in paragraph 5. Addressed in paragraph 4. Rejected in part as being unnecessary to the result reached. Addressed in part in paragraph 3. Addressed in paragraphs 4-5 Addressed in part in paragraph 6. Rejected in part as being subordinate to the conclusion reached in paragraph 2. Addressed in paragraphs 7-8. Addressed in paragraph 8. Addressed in paragraph 9. Addressed in paragraph 10. 12.-14. Rejected as being unnecessary to the conclusions reached. 15.-17. Rejected as being legal conclusion and not findings of fact. Addressed in paragraph 14. COPIES FURNISHED: Jan L. Darlow, Esquire Adorno, Zeder, Allen, Yoss, Bloomberg & Goodkind, P. A. Bayview Executive Plaza 3225 Aviation Avenue, Suite 400 Miami, Florida 33133 Randall Warren Lefevers 730 Northwest 147th Street Miami, Florida 33168 Kenneth E. Easley General Counsel Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729 Fred Seely, Executive Director Department of Professional Regulation Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 =================================================================
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violating Rule 7C-1.04 as set forth in the Notice to Show Cause and that a $200 fine be imposed. DONE and ENTERED this 11th day of March, 1983, in Tallahassee, Leon County, 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 11th day of March, 1983. COPIES FURNISHED: James N. Watson, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Mr. Billy M. Arzie Arzie Apartments 710 North 2nd Avenue Jacksonville Beach, Florida 32250 Sherman S. Winn, Director Division of Hotels and Restaurants 725 South Bronough Street Tallahassee, Florida 32301 Gary Rutledge, Secretary Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, Florida 32301
The Issue The issue posed for decision herein is whether or not Respondent failed to fulfill contractual obligations; willfully or deliberately disregarded and violated applicable local building codes and made misleading representations by issuing a warranty which he later refused to honor in violation of Section 489.129(1)(c), (d) and Section 455.277(1)a, Florida Statutes.
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 relevant findings of fact: By its Administrative Complaint filed herein, Petitioner seeks to take disciplinary action against Respondent, as licensee and against his license to practice contracting in the state of Florida. Respondent is a certified general contractor having been issued license number CBC006481. On June 6, 1981, Respondent, as qualifier for Behr Contracting, Inc., entered into a contract with Mrs. Susan Fuller to reroof her home at 811 Santiago Street, Coral Gables, Florida. (Petitioner's Exhibit 1) Respondent guaranteed to Mrs. Fuller that all materials furnished by Behr Contracting would be of standard quality, type and condition, free from defects, and that said labor and materials would be guaranteed against structural and material defects. Respondent pulled the required building permit and commenced the reroofing off Mrs. Fuller's residence on June 11, 1981. (Petitioner's Exhibit 2) During the course of construction, several defects became apparent. As example, the tile was installed approximately two months after the contract was entered (August, 1981) and during the next month, September, 1981, leaks started which damaged the ceiling, pecky cypress, plaster in the dining and bedrooms, the kitchen walls, and other interior furnishings of the Fuller residence. When Mrs. Fuller observed the leaks in the roof, she immediately notified the Respondent that there was a problem with the roof and requested that he return to the site to inspect the roof and to correct same. Despite repeated demands, Behr refused to repair the interior damage to Mrs. Fuller's residence. During approximately June, 1982, Behr installed a solar system on the Fuller's residence. Respondent guaranteed the roof on the Fuller residence for a period of fifteen years including the texture coating to the roof and the slide of the residence. Respondent also agreed to abide by all ordinances, rules and regulation of the Building Department of the City of Coral Gables, Florida. Mrs. Fuller filed a formal complaint against Respondent on approximately May 24, 1982. Following the installation of the roof on the Fuller residence, several leaks lasted for extended periods of time and the Fullers including her roommate, Heather Stever, had to repeatedly place buckets in and around the Fuller residence to attempt to contain water which was entering the roof through various cracks in the roof. Evidence of the leakage was evident in at least three rooms of the Fuller residence. (Testimony of Robert Harvilla and Heather Stever) The Respondent contends that there was no defective workmanship or materials used or performed by him in the reroofing of the Fuller residence and that the cause of the leakage in the Fuller residence was precipitated by nuts, bolts and other foreign materials which were strewn over the roof when the solar system was installed. Respondent contends that the foundation of the roof was penetrated by the solar system which destroyed the integrity of the roof. In this regard, it is found herein that the leakage to the Fuller residence occurred immediately after the Respondent installed the new roof to that residence and that the leakage persisted until it was corrected months later after Mrs. Fuller had her home reroofed in December of 1982. Evidence adduced herein failed to establish that the leakage to the Fuller residence which ultimately caused damage to the interior of their residence, was a result of foreign matter attributable to any cause other than the installation of the new roof by Respondent. Finally, Respondent refused to complete other items he specifically contracted to perform for Mrs. Fuller including painting of the interior trim and to completely texture coat the exterior of the Fuller residence.
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 CBC006481 be suspended for a period of one (1) year. 2/ DONE and ORDERED this 2nd day of November, 1983, 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 2nd day of November, 1983.
