The Issue Whether the Respondent is in violation of Sections 479.07(1)(4)(6) and 479.11(1), Florida Statutes. Whether subject signs violate state and federal laws and should be removed.
Findings Of Fact The following described sign is located in an unzoned area and violates the set back requirements being closer than 660 feet from the nearest edge of the road right-of-way: Highway: I-10 Location: 6/10 of a mile west of State Road 81 south side of I-10 Copy: Fina Gas-Diesel-Exit 1/2 Mile then Left Notice of violation regarding subject sign was properly sent by the Department of Transportation and received by the Respondent. No application was made prior the the erection of the subject sign, and the sign has been refused a permit. Mr. Curtis A. Miller, Jr., the President and major stockholder of Curt Miller Oil Company, Inc. in good faith discussed the erection of the subject sign with the councilmen and Mayor of Ponce de Leon, Florida, and proceeded to erect his sign without first obtaining a permit from the Department of Transportation. The Respondent contends that the sign is needed, that he spent a large amount of money on the erection and that he thought the sign would be in a properly zoned area at the time the erection was completed. Respondent admits that the sign at the time of the hearing is in violation of the set back requirements of Chapter 479, Florida Statutes. The Petitioner contends that it refused to permit the sign inasmuch as the set back was less than 660 feet from the nearest edge of the right-of-way of an interstate highway.
Findings Of Fact At all times pertinent to the allegations herein, the Petitioner, Pinellas County Construction Licensing Board, was the agency in Pinellas County, Florida responsible for the county-wide certification of contractors and the regulation of the contracting profession in Pinellas County. Respondent was certified as a building contractor in Pinellas County under license C-1804, and was the qualifying contractor for C&H Custom Homes, Inc., with which the complainant entered the contract in issue. On May 5, 1994, John H. and Katherine L. Buntrock and Diane M. DiBiccari entered into a purchase agreement with C&H Homes for the construction of Model 1523 with extended den, a residence to be erected at Lot 5, Maximo Moorings Bayview Addition in St. Petersburg, for a contract price of $130,000. The purchasers put $100.00 down at the time the agreement was signed, with the remaining balance of $129,900 to be paid through subsequent cash payments and a mortgage. The contract, which was signed by Respondent for C&H Homes, Inc., provided for the project to be completed within 150 days from the start of construction. Mr. Buntrock made subsequent arrangements with his bank for future draws by the contractor for the cost of construction. Somewhat later, Respondent drew $8,040 pursuant to those arrangements from the Barnett Bank, Mr. Buntrock's bank. After several weeks went by without any work being done, Mr. Buntrock contacted the bank and was told about the Respondent's initial draw. Buntrock then contacted the Respondent who said he was busy on a project and would start work on Buntrock's project when he finished his current project. Respondent indicated he had had fill dirt placed on the lot in anticipation of commencement of construction which, in fact, he did not do. He did have dirt delivered to the general area, but it cannot be determined if that dirt was for this project or other projects Respondent was working on. Respondent, however, did not pay the subcontractor for any dirt. Mr. Buntrock later paid the subcontractor the sum of $1,718.20 for the dirt. Respondent also arranged with an architect to modify plans for this particular unit for a price of $500.00 which he also did not pay. The plans were modified as requested, but no permits were ever pulled by Respondent or the architect for this project. After some time had passed without any work beginning on the property, Mr. Buntrock consulted his attorney who wrote to Respondent demanding an explanation. Aside from phone calls from the Respondent in response and many promises by the Respondent to start the project, no work on it was done by Respondent or anyone on his behalf. Finally, on October 21, 1994, more than five months after the contract was signed, when no construction had been started by the Respondent, Mr. Buntrock's attorney advised the Respondent not to do any work pursuant to the contract. Mr. Buntrock then hired Jeff Adams, another contractor, to do the work originally called for under the contract with the Respondent. When Mr. Adams was contacted with regard to taking over this project, he was told by Buntrock's attorney and the bank that the site work and the fill dirt had been paid for. This was not true. All Respondent had done was to push debris from two adjoining lots, on which he had been building, onto the Buntrocks' lot. No sitework other than scraping and clearing was done. No survey had been done and no pad building had been done. The architect's plans were merely a stock set of plans with annotations of what the Buntrocks wanted placed on them. No drawings were done specifically for this construction. The $500.00 previously paid was for making prints of the plans which had been ordered by the Respondent and which, incidentally, were not correct. Mr. Adams had to obtain additional dirt for the building site because much more was needed than what had been procured. He contacted the same subcontractor used by Respondent and was told that the dirt that was on site had not been paid for. The subcontractor threatened to file a lien on the property if it was used. Mr. Buntrock thereafter authorized Adams to pay for the dirt for which he would be reimbursed. Mr. Adams also contacted the architect who refused to release a good set of plans for this project until he was paid for those he had already provided. Once Mr. Adams started work, he finished the project within ninety days. The more than five months that Respondent consumed without working on the project was neither justified nor normal practice within the trade.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Pinellas County Construction Licensing Board enter a Final Order finding Respondent guilty of the offenses alleged and imposing an appropriate penalty which may include revocation of Respondent's license and imposition of an administrative Fine of $5,000.00. DONE and ENTERED this 6th day of June, 1996, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 6th day of June, 1996. COPIES FURNISHED: William J. Owens Executive Director Pinellas County Construction Licensing Board 11701 Belcher Road, Suite 102 Largo, Florida 34643-5116 William H. Howell C & H Homes, Incorporated 7542 Cumberland Court Largo, Florida 34647 Howard Bernstein Senior Assistant County Attorney City Attorney's Office 315 Court Street Clearwater, Florida 34616-5165
The Issue Whether petitioner should be deemed to have abandoned his position of employment with the Department of Transportation, under the provisions of Rule 22A-7.010(2), Florida Administrative Code?
Findings Of Fact On December 6, 7 and 8, 1988, Sandy Solano was absent from his job at the Department of Transportation without leave.
Recommendation It is, accordingly, RECOMMENDED: That the Department of Administration enter a final order deeming petitioner to have abandoned his career service position with respondent. DONE AND ENTERED this 18th day of July, 1989, in Tallahassee, Florida. ROBERT T. BENTON, II 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 18th day of July, 1989. Copies furnished: Sandy Solano Route 1, Box 5 Elkton, Florida 32033 Charles G. Gardner, Esq. Haydon Burns Building 605 Suwannee Street, M.S. 58 Tallahasse, Florida 32399-0458 Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building, M.S.-58 605 Suwannee Street Tallahassee, FL 32399-0458 Andrew J. McMullian, Secretary Department of Administration 435 Carlton Building Tallahassee, FL 32399-1550
Findings Of Fact At all times pertinent to this proceeding, Petitioner was a producer of agricultural products in the State of Florida as defined in Section 604.15(5), Florida Statutes (1985). At all times pertinent to this proceeding, Respondent was a licensed dealer in agricultural products as defined by Section 604.15(1), Florida Statutes (1985), and bonded by Respondent Travelers Indemnity Company (Travelers). At all times pertinent to this proceeding, Respondent Travelers was authorized to do business in the State of Florida. The complaint filed by Petitioner was filed timely in accordance with Section 604.21(1), Florida Statutes. From November 5, 1987, through June 10, 1988, Respondent purchased from Petitioner 71 dozen squash, 375 dozen collard greens, 247 dozen mustard greens and 147 dozen turnip greens for a total price of $7,386.00. All produce was delivered between November 5, 1987 and June 10, 1988. No payments have been made by Respondent for the above produce. Respondent has not denied receiving the produce nor did Respondent complain about the produce's quality or condition upon delivery. Respondent owes $7,386.00 to Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent be ordered to pay to the Petitioner the sum of $7,386.00. It is further RECOMMENDED that if Respondent fails to timely pay the Petitioner as ordered, then Respondent Travelers be ordered to pay the Department as required by Section 604.21, Florida Statutes (1985) and that the Department reimburse the Petitioner in accordance with Section 604.21, Florida Statutes. DONE and ORDERED this 18th day of May, 1989, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER 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 18th day of May, 1989. COPIES FURNISHED: C. L. Norman Route 2, Box 2160 Starke, Florida 32091 David Norman Norman's Country Market, Inc. 515 Northwest 23rd Avenue Gainesville, Florida 32069 Traveler Indemnity Company Attention Breet A. Ragland 988 Woodcock Road Suite 102 Orlando, Florida 32803 Doyle Conner, Commissioner Department of Agriculture and Consumer Services The Capitol Tallahassee, Florida 32301 Mallory Horne, Esquire General Counsel Department of Agricultural and Consumer Services Mayo Building, Room 513 Tallahassee, Florida 32301 Clinton H. Coulter, Jr. Attorney at Law Department of Agriculture and Consumer Services Mayo Building Tallahassee, Florida 32399-0800
Findings Of Fact Petitioner was employed by the Department of Transportation as a Highway Maintenance Technician Supervisor working out of Brooksville, Florida. He had been so employed by the Department of Transportation for some 5-7 years. As Maintenance Supervisor, Petitioner's job description required him to be a working supervisor, working along with his crew maintaining the roads, bridges, and rights-of-way on the state highway system. This involved heavy lifting, pulling and pushing. In January, 1989, Petitioner injured his back chopping firewood at his home and remained off duty until he was terminated on May 4, 1989. Petitioner was under the care of Dr. McBath, D. O. for this injury. Dr. McBath referred the Petitioner to Dr. Sutterlin, M. D., an orthopedic surgeon, who, following an examination on March 24, 1989, pronounced Petitioner capable of returning to unrestricted activity. Petitioner still contended that his back was bothering him and that he could not do the pushing, pulling and heavy lifting required of his job and requested assignment to a job where heavy lifting work was not required. At this time there were no vacancies in the Department of Transportation for the type of work sought by Petitioner. The report from Dr. Sutterlin was not presented to D.O.T. by Petitioner although Petitioner had a copy of that report at his predetermination hearing on May 4, 1989. At this predetermination hearing Petitioner contended that he was able to return to work but did not present medical evidence to this effect. Although the doctors pronounced Petitioner capable of returning to unrestricted activity they could not guarantee he would not have further back problems after returning to unrestricted activity. Petitioner contends that he was fit for duty and wanted to go back to work but his supervisor would not let him because they felt he was a high-risk due to his back problems.
Recommendation It is recommended that the complaint of Barry DeLong that he was discriminated against in employment by reason of physical handicap be dismissed. ENTERED this 4th day of June, 1991, in Tallahassee, Florida. K. N. AYERS 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 4th day of June, 1991. APPENDIX TO RECOMMENDED ORDER Proposed findings submitted by Respondent are accepted except for findings 8 and 10 insofar as these proposed findings are inconsistent with the Hearing Officers findings that DeLong never presented Dr. Sutterlin's report to the Department until after he had been dismissed. COPIES FURNISHED: Ben G. Watts, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 Thornton J. Williams General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 John R. Council, Esquire 306 South Fifth Street Dade City, Florida 33525 Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0458 Margaret Jones, Clerk Florida Commission on Human Relations 325 John Knox Road Suite 240, Building F Tallahassee, FL 32399-1570
