The Issue The issue in the case is whether the application filed by Thomas Edwards Dalton (Petitioner) to take the examination for certification as a plumbing plans examiner should be approved.
Findings Of Fact The Petitioner is seeking to become a state-certified plumbing plans examiner. The Respondent is the state agency charged with responsibility for certification of plumbing plans inspectors. On December 12, 2013, the Petitioner submitted to the Respondent his application to take the examination for the certification sought. As required by rule, the Petitioner also submitted an “Affidavit of Work Experience” setting forth a statement of work experience presumably relevant to his application. The affidavit form requires that it be “completed by an architect, engineer, contractor or building code administrator, who has personal knowledge of the application’s experience” for the relevant period. The Petitioner wrote the narrative of his experience contained within the affidavit dated December 8, 2013. The affidavit was signed by a person identified as Anthony Applebeck, a building code administrator in Altamonte Springs, Florida. Generally, an “Application Review Committee” (ARC) comprised of three building code enforcement specialists reviews applications and affidavits submitted to the Respondent. In this case, two members of the ARC independently reviewed the Petitioner’s submission and determined that additional information related to the Petitioner’s work experience was required. In an email dated December 17, 2013, the Respondent advised the Petitioner that additional information was required. The letter stated as follows: The Affidavit of Work Experience that was submitted with your application is missing detailed hands-on plumbing experience. Please complete the enclosed Affidavit of Work Experience and submit it to the department. The person completing the work affidavit should be specific when explaining your duties and actual hands-on experience. The ARC’s determination that the Petitioner’s Affidavit of Work Experience was insufficient was correct. The affidavit lacked a detailed explanation of the Petitioner’s work experience, specifically as to “hands-on” plumbing involvement. The Petitioner failed to submit the supplemental work experience affidavit requested by the Respondent. In an email dated December 18, 2013, the Petitioner requested that the ARC reconsider his original submitted affidavit. On February 18, 2014, the Respondent issued a Notice of Intent to Deny the Petitioner’s application based on the failure to submit sufficient information to establish that the Petitioner has the experience required for the certification sought. By letter dated February 28, 2014, the Petitioner challenged the proposed denial of his application and requested an administrative hearing. The evidence presented at the hearing by the Petitioner was insufficient to establish that the Petitioner meets the requirements to take the examination for certification as a plumbing plans examiner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner's application to take the examination for certification as a plumbing plans examiner be denied. DONE AND ENTERED this 16th day of December, 2014, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 16th day of December, 2014. COPIES FURNISHED: Thomas Edward Dalton 906 Delta Court Altamonte Springs, Florida 32714 (eServed) Robert Antonie Milne, Esquire Office of The Attorney General Plaza Level 01, The Capitol Tallahassee, Florida 32399-1050 (eServed) J. Layne Smith, General Counsel Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399 (eServed) Robin Barineau, Executive Director Division of Professions Building Code Administrators and Inspectors Board Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399 (eServed)
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
Findings Of Fact Findings of Fact 1-13 are made based upon the Stipulation of the parties filed on July 10, 1987. Respondent is, and was at all times material to the pending amended administrative complaint, a certified building contractor having been issued license number CB CAO9793 by the Florida Construction Industry Licensing Board. At all times material the pending amended administrative complaint Respondent's certified building contractor license (CB CAO9793) qualified "George E. Longino and Associates, Inc." with the Florida Construction Industry Licensing Board. Respondent is, and was at all times material to the pending amended administrative complaint, a certified air conditioning contractor having been issued license number CA CO24348 by the Florida Construction Industry Licensing Board. At all times material to the pending amended administrative complaint, Respondent's certified air conditioning contractor license (CA CO24348) qualified "George E. Longino and Associates, Inc." with the Florida Construction Industry Licensing Board. Respondent is, and was at all times material to the pending administrative complaint, a registered mechanical contractor having been issued license number PM 0031246 by the Florida Construction Industry Licensing Board. At all times material to the pending administrative complaint, Respondent's mechanical contractor license qualified "J. C. and Sons, Inc." with the Florida Construction Industry Licensing Board. At no time material to the pending amended administrative complaint was Respondent the qualifying agent for "First City Contractors, Inc." as defined by Sections 489.105(4) and 489.119, Florida Statutes. At no time material to the pending amended administrative complaint was Charles L. Crowe registered, certified or otherwise licensed by the Florida Construction Industry Licensing Board. At no time material to the pending amended administrative complaint was "First City Contractor's, Inc." registered, certified or otherwise licensed by the Florida Construction Industry Licensing Board. On or about January 23, 1986, Charles L. Crowe d/b/a First City Contractors, Inc., contracted with Steve Bell to construct a room addition at 3110 Carrevero Drive West, Jacksonville, Florida. The contract price was approximately $25,000. On or about March 10, 1986, the City of Jacksonville, Building and Zoning Inspection Division, issued building permit number 6196 to George E. Longino and Associates, Inc. The above referenced building permit was for the construction of a room addition at the residence of Steve Bell, 3110 Carrevero Drive West, Jacksonville, Florida. The following Findings of Fact are based upon the evidence introduced at formal hearing. In December, 1985, or January, 1986, Charles L. Crowe, sole owner of First City Contractors, Inc., approached Longino and asked him to become a partner in the business and to pull permits and be the qualifying agent for First City Contractors, Inc. Longino advised Crowe that he would not be interested in doing that until he had resolved certain pending problems with his licenses. Specifically, the Construction Industry Licensing Board had filed a disciplinary action against Respondent's licenses and that case had been heard and a Recommended Order entered on October 30, 1985. The Recommended Order was scheduled to be considered by the Construction Industry Licensing Board on January 9, 1986. Longino did agree to pull permits for any job on which he would be paid to supervise the construction. Longino did pull the permit and supervise the construction of a garage addition in Arlington, Jacksonville, Florida, for First City Contractors in January or February, 1986. On January 23, 1986, Charles L. Crowe, doing business as First City Contractors, Inc., entered into a contract with Steve Bell to construct a room addition to a residence located at 3110 Carrevero Drive, Jacksonville, Florida. The contract price was $25,000. Based upon the contract, Crowe asked Longino to use his license number to sign a permit application for the Bell job. Longino used a building permit application form which he had in his truck and filled in the pertinent information on the building permit application. Specifically, Longino filled in the name of the licensed contractor as "First City Contractors, Inc." and signed his name as the licensee with license number CB CA09793. Longino signed the building permit application on or about the last week of January, 1986. Financing was not secured for the Bell job until March, 1986. On March 10, 1986, Crowe used the permit application which had been previously signed by Longino and sent an employee of First City Contractors, Inc., Robert Cumpston, to secure a building permit from the City of Jacksonville for the Bell job. Specifically, permit number 6196 was issued based upon the permit application which had been previously signed by Longino. On February 19, 1986, the Construction Industry Licensing Board entered a Final Order suspending Longino's licenses. Longino received notice of the suspension on February 24, 1986, by certified mail. Longino advised Crowe that his licenses had been suspended within a few days following receipt of the Final Order. Despite the knowledge that Longino's licenses had been suspended, Crowe used the presigned building permit application to secure a building permit for the Bell job on March 10, 1986. Building permit number 6196 was issued to Longino's license number doing business as George E. Longino and Associates, Inc. The name of the business was changed from that which was stated on the building permit application because Longino was not a qualifying agent for First City Contractors, Inc. He was only a qualifying agent for George E. Longino and Associates, Inc. A permit could not be issued to First City Contractors, Inc. using Longino's license number. The Bell job was completed using permit number 6196. Longino did supervise that construction and was present at the site on a daily basis. Permit number 6196 was posted at the site. Despite Longino's statements that he did not know that the permit was issued to his license number, it is found that Longino knew or should have known that permit number 6196 was issued to his license number, doing business as George E. Longino and Associates, Inc. Longino did nothing to remedy the problem even though his licenses had been suspended.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Professional Regulation, Construction Industry Licensing Board, enter a Final Order suspending the licenses of George E. Longino for a period of one (1) year in addition to the previous suspension. DONE and ENTERED this 11th day of August, 1987, in Leon County, Tallahassee, Florida. DIANE K. KIESLING 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 11th day of August, 1987. COPIES FURNISHED: Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Fred Seely Executive Director Construction Industry Licensing Board Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 W. Douglas Beason, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 William Bruce Muench, Esquire 438 East Monroe Street Jacksonville, Florida 32201 =================================================================
The Issue Whether Edward J. McLoughlin's license as a registered general contractor in the State of Florida should be disciplined for alleged violations of Chapter 489, Florida Statutes, as set forth in an Administrative Complaint filed May 6, 1987?
Findings Of Fact Edward J. McLoughlin is, and was at all times material to this proceeding, licensed in the State of Florida as a registered general contractor. Mr. McLoughlin's license number is RG 0023302. Mr. McLoughlin's registered general contractor's license has been delinquent for failure to renew since 1983. Mr. McLoughlin was not licensed as an electrical contractor or as a plumbing contractor in the State of Florida during 1986. Joyce Carmichael, Mr. McLoughlin's former wife, and Richard D. Oldham, jointly own a four bedroom house. Ms. Carmichael and Mr. Oldham decided to convert the house to a duplex. In June and July of 1986, Ms. Carmichael contacted Mr. McLoughlin and requested that he perform the remodeling work necessary to convert the house to a duplex for her and Mr. Oldham. Initially Mr. McLoughlin declined to do the work. In July, 1986, however, Mr. McLoughlin agreed to perform the work. Mr. McLoughlin indicated that he would perform the work in return for an hourly fee. Ultimately, however, Mr. McLoughlin agreed to perform the work for a lump-sum of $2,000.00. The renovation work on the house was begun by Mr. McLoughlin in July, 1986. Mr. McLoughlin provided the tools and labor necessary to renovate the house and Ms. Carmichael and Mr. Oldham paid for supplies and materials. Ms. Carmichael purchased the supplies and materials which Mr. McLoughlin told her to purchase. During the course of the renovations, Mr. McLoughlin performed electrical work and plumbing work for which an electrical license and a plumbing license were required. Mr. McLoughlin stopped performing work on the house in September, 1986, because he was unwilling to perform all the electrical work necessary to complete the renovations. Mr. McLoughlin was paid $1,000.00 for the work that he performed for Ms. Carmichael and Mr. Oldham. Although Mr. Oldham was a licensed contractor in 1986, he did not agree to act as the contractor for the renovations on the house and Mr. McLoughlin did not work at Mr. Oldham's direction and under Mr. Oldham's supervision.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department issue a Final Order finding Edward J. McLoughlin guilty of violating Section 489.129(1)(j), Florida Statutes, for failing to comply with Sections 489.115(3) and 489.117(2), Florida Statutes It is further RECOMMENDED that the Department issue a letter of reprimand to Mr. McLoughlin and require that he pay a fine of $250.00. DONE and ENTERED this 20 day of July, 1988, in Tallahassee, Florida. LARRY J. SARTIN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of July, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-2501 The parties have submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally-accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. The Department's Proposed Findings of Fact Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection 2 2. 3-4 3. 5 5. 6 4 and 5. 7 7. 8-9 10. The Respondent's Proposed Findings of Fact Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection 1 Irrelevant. There is no requirement that the "complaining witness" appear at the formal hearing. 2-4 Argument and summary of proceedings. 5-6 Argument of law. Not supported by the weight of the evidence. Although it is true that materials were purchased by Ms. Carmichael, the rest of this proposed finding of fact is not supported by the weight of the evidence. 9-10 Argument of law and not supported by the weight of the evidence. COPIES FURNISHED: Fred Seely Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32201 General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Ray Shope, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Lester Mokofka, Esquire 222 East Forsyth Street Jacksonville, Florida 32202
The Issue Whether Respondent's license as a certified roofing contractor in the state of Florida should be revoked, suspended or otherwise disciplined under the facts and circumstances of this case.
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: At all times material to this proceeding, Respondent, Christopher G. Coxon, held a license as a certified roofing contractor, number CGC029604. On or about November 15, 1988, Respondent entered into a written contract with John DeCarlucci to repair a leak in the roof of DeCarlucci's residence at 1717 North Oregon Circle, Tampa, Florida. The contract amount was $400.00, of which Respondent was paid $200.00 by DeCarlucci on November 16, 1988. The Respondent gave DeCarlucci a one-year warranty on his work. The balance owed on the contract was to be paid upon satisfactory completion of the job. Respondent commenced work on the DeCarlucci residence on November 16, 1988. On November 16, 1988 Respondent removed two rows of roofing tile from DeCarlucci's roof while attempting to repair the leak in the roof. The Respondent carried these roofing tiles away from DeCarlucci's residence on November 16, 1988 and has never returned these roofing tiles or provided DeCarlucci with any replacement roofing tiles. On November 23, 1988 the area of the roof that Respondent had attempted to repair leaked. As a result of several telephone calls to Respondent from DeCarlucci, the Respondent returned to the job site on November 26, 1988 and December 7, 1988, and whatever repairs the Respondent attempted on those dates failed in that the roof continues to leak. After December 7, 1988 the Respondent did not return to the job site. DeCarlucci attempted to reach Respondent through the remainder of December 1988 and January and February 1989 by telephone and a certified letter but to no avail. As a result of DeCarlucci filing a complaint with the City of Tampa Building Department on January 5, 1989, the job site was inspected by the construction inspector for the building department and the project cited for violation of the building code. Respondent was notified of the complaint and building code violation. The Respondent was given until February 14, 1989 to correct the leakage and to replace the missing roofing tiles. As a result of Respondent's failure to take any corrective action toward repairing the roof or replacing the missing roofing tiles, the DeCarlucci complaint was filed with the City of Tampa Unified Construction Trades Board for disciplinary action. The Respondent subsequently returned the $200.00 to DeCarlucci that he had received from DeCarlucci on the contract price on November 16, 1988. In its complaint against the Respondent the City of Tampa Unified Construction Trades Board alleged that Respondent's failure to properly repair the roof was a violation of Section 101.1-Covering, Standard for the Installation to Roof Coverings, 1985, edition, Southern Building Code Congress International, Inc., and Section 25-101(5)(10) and (22) Grounds for Disciplinary Action, Penalties, City of Tampa, Building and Construction Regulations. Respondent was duly notified of the hearing to be held on April 4, 1989 on the allegations. At the hearing on April 4, 1989 the Respondent was found to have violated those sections set forth in Finding of Fact 13 and by unanimous decision the Board ordered Respondent to cease all construction activity and revoked the Respondent's permitting privilege. At no time material to this proceeding, has the Respondent made restitution to DeCarlucci for the missing roofing tiles or the cost of labor and materials for installing such tiles. While Section 489.129(1), Florida Statutes, provides for the assessment of costs associated with the investigation and prosecution of a case, there was no evidence presented by the Department as to the amount of those costs.
Recommendation Upon consideration of the foregoing findings of fact and conclusions of law and disciplinary guidelines set forth in Rule 21E-17.001, Florida Administrative Code, it is accordingly, RECOMMENDED: That the Board enter a Final Order finding Respondent, Christopher G. Coxon guilty of violation of Section 489.129(1)(d)(i) and (m), Florida Statutes, and for such violation revoke his license as a certified roofing contractor. DONE and ENTERED this 2nd day of January, 1992, in Tallahassee, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of January, 1992. APPENDIX The following constitutes my specific rulings pursuant to Section 120-59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties in the case. Rulings on Proposed Finding of Fact Submitted by the Petitioner Each of the following proposed findings of fact are adopted in substance as modified in the Recommended Order. The number in parenthesis is the Finding(s) of Fact which so adopts the proposed findings of fact: 4-6(1); 7-8(2); 9-10(3); 11(4); 13-16(5); 17-18(3); 19(6); 20-21(7); 22-23(8); 24-26(9); 27 28(10); 29-30(11); 31(12); 32(16); 33(13); 34(14); and 35- 36(15). Proposed findings of fact 1-3 are covered in the Preliminary Statement. Proposed finding of fact 12 is rejected as not being supported by competent substantial evidence in the record. See proposed findings of fact 20 and 21 and finding of fact 7. Rulings on Proposed Findings of Fact Submitted by the Respondent The Respondent did not submit any proposed findings of fact. COPIES FURNISHED: Craig M. Dickinson, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Christopher Coxon 554 Carson Drive Tampa, FL 33615 Daniel O'Brien, Executive Director Construction Industry Licensing Board P.O. Box 2 Jacksonville, FL 32202 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792
The Issue Whether the Respondent violated the statutes by committing the acts alleged in the Administrative Complaint?
Findings Of Fact Respondent is a registered residential contractor having been issued license number RR 0030688. Respondent's last known address is c/o Griffin Remodeling & Repairs, 7443 Laura Street, Jacksonville, Florida 32208. On July 9, 1982, Respondent, as qualifier for Griffin Remodeling & Repairs, entered into a contract with Freddie L. Jarrell to repair his home at 2121 Forbes Street, Jacksonville, Florida for $1,000.00. On August 4, 1982, Respondent entered into a second contract with Jarrell to do additional work of the same nature on the home. These contracts included painting and retiling a bathroom in the home. In August 1982, Respondent, or his workmen removed plumbing fixtures in Jarrell's bathroom without obtaining a plumbing permit. Failure to pull a plumbing permit in a timely manner for this type of project is a violation of the Building Code of the City of Jacksonville. The tile was reworked but the plumbing was not reinstalled. There was a controversy between Respondent and Jarrell over who was responsible for plumbing. Respondent arranged for the plumbing to be reinstalled; however, he did not pay for it. The plumber reinstalled the fixtures and thereafter pulled a permit after paying a late fee. On August 6, 1982, Respondent sought payment for both of the above- referenced contracts. Jarrell refused until Respondent promised to do all work remaining under the contract. The Respondent gave Jarrell a note signed by his secretary which stated Respondent would fix the water closet (toilet), paint the attic screen, reinstall light switches, and remove tile from the front yard. The Respondent did not reinstall the switches and reset the water closet. Respondent was repeatedly contacted and notified by Jarrell that there were items still left undone. Respondent did not return to the project to do those things that he had promised to do. Respondent was at no time licensed to do plumbing work; however, frequently contractors will pull out fixtures and pay the penalty for not pulling the permit which costs less than having the plumber come out on the job twice.
Recommendation Having found the Respondent guilty of violating Section 489.129(1)(c), (d) and (j), it is recommended that his license be suspended for one year and he be given credit for the year during which he was incarcerated and did not practice. DONE and ORDERED this 16th day of April, 1985, in Tallahassee, Florida. STEPHEN F. DEAN 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 16th day of April, 1985. COPIES FURNISHED: Douglas Beason, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Troy Griffin 7443 North Laura Street Jacksonville, Florida 32208 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 James Linnan, Executive Director Department of Professional Regulation Construction Industry Licensing Board P.O. Box 2 Jacksonville, Florida 32202
Findings Of Fact 11. The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on March 6, 2009, the Amended Order of Penalty Assessment issued on March 11, 2009, and the Second Amended Order of Penalty Assessment issued on October 15, 2009, which are fully incorporated herein by reference, are hereby adopted as the Department’s Findings of Fact in this case.
Conclusions THIS PROCEEDING came on for final agency action and Alex Sink, Chief Financial Officer of the State of Florida, or her designee, having considered the record in this case, including the Stop- Work Order and Order of Penalty Assessment and the Amended Orders of Penalty Assessment served in Division of Workers’ Compensation Case No. 09-059-D7, and being otherwise fully advised in the premises, hereby finds that: 1. On March 6, 2009, the Department of Financial Services, Division of Workers’ Compensation (hereinafter “Department”) issued a Stop-Work Order and Order of Penalty Assessment in Division of Workers’ Compensation Case No. 09-059-D7 to CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE was advised that any request for an administrative proceeding to challenge or contest the Stop-Work Order and Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Stop-Work Order and Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes. 2. On March 6, 2009, the Stop-Work Order and Order of Penalty Assessment was served by personal service on CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE. A copy of the Stop-Work Order and Order of Penalty Assessment is attached hereto as “Exhibit A” and incorporated herein by reference. 3. On March 11, 2009, the Department issued an Amended Order of Penalty Assessment in Case No. 09-059-D7 to CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE. The Amended Order of Penalty Assessment assessed a total penalty of $23,054.38 against CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE. The Amended Order of Penalty Assessment included a Notice of Rights wherein CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE was advised that any request for an administrative proceeding to challenge or contest the Amended Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes. 4. On March 11, 2009, the Amended Order of Penalty Assessment was served by personal service on CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE. A copy of the Amended Order of Penalty Assessment is attached hereto as “Exhibit B” and incorporated herein by reference. 5. On March 11, 2009, CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE signed a Payment Agreement Schedule for Periodic Payment of Penalty in Case No. 09- 059-D7. A copy of the Payment Agreement Schedule for Periodic Payment of Penalty is attached hereto as “Exhibit C” and incorporated herein by reference. 6. On March 11, 2009, the Department issued an Order of Conditional Release from Stop-Work Order in Case No. 09-059-D7 to CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE. A copy of the Order of Conditional Release from Stop-Work Order is attached hereto as “Exhibit D” and incorporated herein by reference. 7. _ On March 27, 2009, CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE filed a Petition for Formal Hearing Under Sections 120.569 and 120.57 with the Department. The Petition for Formal Hearing Under Sections 120.569 and 120.57 was forwarded to the Division of Administrative Hearings on April 13, 2009, and the matter was assigned DOAH Case No. 09-1841. 8. On October 15, 2009, the Department issued a Second Amended Order of Penalty Assessment in Case No. 09-059-D7 to CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE. The Second Amended Order of Penalty Assessment assessed a total penalty of $5,599.61 against CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE. A copy of the Second Amended Order of Penalty Assessment is attached hereto as “Exhibit E” and incorporated herein by reference. 9. On October 16, 2009, the Department filed an Unopposed Motion to Amend Order of Penalty Assessment. The Administrative Law Judge entered an Order on October 19, 2009, which granted leave to amend the order of penalty assessment and filed for record the Second Amended Order of Penalty Assessment. A copy of the ‘Order is attached hereto as “Exhibit F” and incorporated herein by reference. 10. On November 2, 2009, CHRISTOPHER BURTIS DBA C BURTIS PLUMBING SERVICE filed a Notice of Voluntary Dismissal with the Division of Administrative Hearings. Subsequently, on November 4, 2009, the Administrative Law Judge issued an Order Closing File which relinquished jurisdiction to the Department for final agency action. A copy of the Order Closing File is attached hereto as “Exhibit G” and incorporated herein by reference.
Findings Of Fact William R. Rifenburgh, Jr. is licensed as a certified general contractor (License No. CG C011375), certified pool contractor (License No. CP C010307) and registered pool contractor (License No. RP 0023263). Respondent held the above licenses at all times material to this action. In early 1978, Rifenburgh entered an oral contract with Personalized Construction Company to install a Nautilus Spa at a house this company was constructing at 9186 Northwest 21st Street, Coral Springs. Respondent then installed the spa exclusive of deck, electrical and brick work. Periodic inspections of the spa project were conducted between February and December, 1978, by the City of Coral Springs Building Department. The facility did not pass final inspection because of electrical wiring deficiencies and the purchaser's contention that the spa lost water. A follow-up final inspection has never been requested. The house was purchased by Nathaniel Gerold in March, 1978. Gerold paid about $5,200 to Personalized Construction Company for the spa, but later recovered this amount in a judgment against Personalized Construction. Between May and December, 1978, Gerold called Respondent numerous times regarding the inability of the spa to hold water. Nothing substantial was done by Respondent during those months. However, Respondent did return to the site in January, 1979, at the urging of the Coral Springs Building Department, but was refused access to the property by Gerold. As a result of Gerold's complaints, the City of Coral Springs Building Department withheld Respondent's building permit privileges beginning in March, 1980. However, no hearing was held nor was formal disciplinary action taken by the municipality. Respondent's building permit privileges were restored by the Building Department in February, 1981, on advice of the City Attorney. Respondent and Personalized Construction had several disagreements regarding the amount and schedule for payments to Respondent. However, Respondent was paid in May, 1978, by Personalized Construction for completion of the project, and was not a party to the lawsuit wherein Gerold recovered from Personalized Construction for the defective spa. Personalized Construction subcontracted the deck work, and this subcontractor was responsible for breaking some of the spa plumbing Respondent had installed. Although the underground pipes were repaired, they remain a possible source of water loss. It was not established if the current water loss is occurring through these pipes, from leaks in the prefabricated spa or through normal evaporation.
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Administrative Complaint be DISMISSED. DONE AND ENTERED this 16th day of June, 1981 in Tallahassee, Leon County, 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 16th day of June, 1981. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Assistant General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Andrew M. Chansen, Esquire Suite 108 2000 East Oakland Park Boulevard Ft. Lauderdale, Florida 33306
