Findings Of Fact At all time material hereto, Respondent, Ronald J. Gurney, has been registered as an electrical contractor in the State of Florida, having been issued license number ER0004532, and held certificates of competency as an electrical contractor issued by Dade County and Broward County, Florida. By letter of July 25, 1989, Metropolitan Dade County charged the respondent with violating various sections of Chapter 10, Dade County Code. Specifically, such letter charged that between August 22, 1988, and June 16, 1989, with regard to jobs at 1520 Euclid Avenue and 531-41 16th Street, Miami Beach, Dade County, Florida, the respondent did: . . . violate Section 4505.5(a) of the South Florida Building Code (SFBC) by failing to obtain the mandatory rough inspection of work performed under Permit . . . said violation evidencing a failure to maintain the affirmative conditions of honesty, integrity and good character as required for the issuance of a certificate of competency under Section 10-16(a) of the Code of Metropolitan Dade County. . . . unlawfully violate Section 10-22(b) of the Code of Metropolitan Dade County . . . [by] abandon[ing] without legal excuse . . . [such] . . . electrical job[s]. . . . . . . unlawfully violate Section 10-22(g) of the Code of Metropolitan Dade County . . . [by] fail[ing] to fulfill . . . [his] . . . contractual obligation to complete . . . [such] . . . electrical job. . . . Such letter further advised respondent that a formal hearing would be held on September 5, 1989, before the Construction Trades Qualifying Board (CTQB) to consider such charges, and what, if any, disciplinary action should be taken. On September 5, 1989, respondent appeared for the hearing, as scheduled, however, because the complaining witnesses did not appear, the CTQB continued the hearing. Thereafter, the hearing was rescheduled for November 21, 1989, and respondent did not appear. Notwithstanding, the CTQB proceeded with the hearing, and following its consideration of the evidence found that respondent had violated Sections 10-16(a), 10-22(b) and 10-22(g), Dade County Code, and issued a reprimand, fined respondent $2,500.00, suspended his certificates for three years, and revoked his certificates. By letter of December 1, 1989, Dade County advised respondent of the foregoing decision, and advised him of his right to appeal the decision of the CTQB. Respondent did not appeal such decision but, rather, filed a motion, through counsel, with the CTQB to vacate its decision based on respondent's contention that he did not receive notice of the November 21, 1989, hearing. Such motion was denied on January 9, 1990, and respondent did not appeal or otherwise seek review of such decision. At hearing, respondent offered proof, which is credited, that as a consequence of the action taken by Dade County he lost his position as Chief Electrical Inspector for the City of Hialeah; a position that paid $50,000.00 a year. Here, there was no suggestion or proof that respondent had previously been the subject of any prior disciplinary proceeding. To the contrary, the only proof of record on this issue was offered by respondent, and demonstrated that the action brought by Dade County was his first offense.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered which finds the respondent guilty of having violated the provisions of Section 489.533(1)(n), Florida Statutes, which imposes an administrative fine against him in the sum of $250.00, and which places his license on probation for a period of two years. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of November 1991. WILLIAM J. KENDRICK 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 15th day of November 1991. APPENDIX TO RECOMMENDED ORDER Petitioner's proposed findings of fact are addressed as follows: 1 & 2. Addressed in paragraph 1. 3-7. Addressed in paragraph 2, otherwise rejected as unnecessary detail. Addressed in paragraph 3. Rejected as not supported by competent proof. 10-14. Addressed in paragraph 3. 15-19. Addressed in paragraph 4. COPIES FURNISHED: Robert G. Harris, Esquire Senior Attorney Department of Professional Regulation 1620 Medical Lane, Suite 148 Fort Myers, Florida 33907 Ronald J. Gurney 11201 Southwest 55th Street Box 79 Miramar, Florida 33025 Daniel O'Brien, Executive Director Electrical Contractors Licensing Board Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Jack McRay, Esquire General Counsel Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792
Findings Of Fact Petitioner Luther E. Council, Jr., who is now 32 years old, is no stranger to the business of contracting. His father, Luther E. Council, Sr., began instructing him in the trade when Petitioner was approximately 10 years old. Mr. Council, Sr. operates Council Brothers, Incorporated, a commercial plumbing, heating and air conditioning contracting firm. From July 1969 until July 1973 Petitioner was employed as a plumber by Prescott Plumbing Company in Tallahassee, Florida. His duties included assembling and repairing pipes and fixtures for heating, wastewater, and drainage systems according to specifications and plumbing codes. In September 1973 Petitioner entered the United States Navy where he served as an aviation electrician. He attended numerous training schools including electrical, electronics, and avionics schools at the Naval Air Station in Memphis, Tennessee, and at the Naval Air Station at Cecil Field, Jacksonville, Florida. This instruction included over 1,500 hours of classroom time. After two years of service he was honorably discharged. Upon his discharge from the Navy in 1975, Petitioner went to work for Litton Industries at their Ingalls Shipyard in Pascagoula, Mississippi. He began in the position of Maintenance Electrician B but was promoted to Journeyman in less than six months. After approximately one and a half years at Ingalls Petitioner was hired at Brown & Root Construction Company as a Journeyman Electrician on their electrical termination crew. In that position he was responsible for the termination of all electrical equipment in the steam power plant for Mississippi Power Company. He remained in that position until the plant was shut down. Petitioner then returned to Ingalls where he was a Maintenance Electrician on the automated equipment crew. He maintained and repaired equipment such as boilers, welding machines, x-ray machines, air compressors, bridge cranes, communications equipment, sheet metal shop equipment, and fire and security alarm systems. This period of employment was from July 8, 1976 until February 2, 1977. Thereafter Petitioner was again employed by Brown & Root Construction Company, this time in Axis, Alabama. In his position as Work Leaderman Electrician (assistant foreman) he was responsible for the construction, installation, and termination of all electrical equipment for a particular utilities area at the Shell Chemical Plant. He worked on equipment such as boilers, air compressors, water treatment facilities, pump motors, hot oil furnaces instruments, monitoring and control panels, and incinerators with a crew of up to 18 men. Petitioner did not have a foreman but was directly responsible to the project superintendent. From June 1978 until June 1979 Petitioner was employed as an electrician by Union Carbide in Theodore, Alabama. As the only electrician on duty at night, Mr. Council was responsible for the electrical maintenance of all machinery ranging from the power plant distribution system to overhead bridge cranes to small electronic devices. Included within his responsibilities were maintaining air conditioning systems, interior and exterior lighting systems, and repairing huge sandblasting equipment. Upon completion of his work for Union Carbide he returned home to Council Brothers, Inc. Since his return to Council Brothers in June of 1979 Petitioner has had a variety of responsible duties. His functions can be placed in two categories: roving foreman and estimator. Council Brothers is a mechanical contractor with a gross profit of over 1.1 million dollars for the year 1983. Some of the firm's recent projects include installing heating, ventilation and air conditioning (HVAC) equipment at several local high schools; pressurizing the stairwells and elevator shafts in the State Capitol building, modification of HVAC systems at several state office buildings in Tallahassee, Florida, and renovation work at the State Hospital in Chattahoochee, Florida. As an estimator Petitioner supervises the project design and is responsible for the firm's mechanical contracting projects. On most of its projects Council Brothers is the general contractor for the mechanical work. It then subcontracts out the specific electrical work required. In his capacity as a roving foreman Respondent serves as a trouble shooter available to assist those projects which may encounter particular problems. He is then responsible for solving the problems through a redesign of the project, the use of alternative equipment, or some other means. Since August of 1981 however, Mr. Council has spent most of his time in the office estimating and bidding jobs. On August 4, 1983 Petitioner became Vice-President of Council Brothers, Inc. The firm first registered as an electrical contractor in June 1983. Petitioner holds licenses as a certified building contractor, plumbing contractor, mechanical contractor and underground utilities contractor.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Electrical Contractors Licensing Board enter a Final Order denying Petitioner permission to take the examination for licensure as a certified electrical contractor. DONE and RECOMMENDED this 14th February, 1984, in Tallahassee, Florida. MICHAEL PEARCE DODSON 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 14th day of February, 1984.
Findings Of Fact By Stipulation of the parties, it is found that Respondent is, and has been at all times material hereto, a certified roofing contractor in the State of Florida, having been issued license number CC-C015772. He is also known as Tony Gory, and was the qualifying agent for Roofing Technology, Inc., at all times material hereto. On or about August 16, 1982, Respondent submitted a proposal, on behalf of Roofing Technology, Incorporated, to Lillian Perper for roofing work to be done on her residence at 3616 Flamingo Drive, Miami Beach, Florida. Mrs. Perper accepted the proposal on August 17, 1982, and testified that the written proposal contained all terms and conditions of her agreement with Respondent. Respondent obtained the permit for this job on August 23, 1982. Mrs. Perper made timely payments to Respondent, under the terms of their agreement, totaling $11,057.00. Respondent completed the work in late September, 1982 and Mrs. Perper made her final payment on October 8, 1982. Respondent's agreement with Mrs. Perper included a warranty stated as follows: All workmanship and material to be guaranteed against defects for a period of ten (10) years; except for fire, termites, windstorm, or damages caused by acts of God. Within two months after completion of the reroofing, Mrs. Perper noted leaks in her livingroom and bedroom ceilings. She called Respondent, and-he came right out and 3 inspected her roof. He then sent a crew to Mrs. Perper's house and they attempted to locate and fix the leaks. However, they were not successful and the leaks continued. Mrs. Perper made several additional attempts to reach Respondent, but was not able to personally talk with him again about her roof. She did leave messages at his office that she was continuing to have leaks in her roof. In June, 1983, Respondent sent a crew of two men to Mrs. Perper's house to work on her roof. However, she denied them access to her roof because Respondent was not present, although they did identify themselves as roofers who Respondent had sent to repair her roof. Mrs. Perper was concerned that this crew would tear her roof off without Respondent being present to supervise the job. No additional attempts were made by Mrs. Perper to reach Respondent, or by Respondent to repair her roof, after she refused access to the roofing crew in June, 1983. The South Florida Building Code has been adopted as the building code of the City of Miami Beach. Regarding roof coverings, the South Florida Building Code provides that the building official shall be notified by the permit holder upon completion of the roof covering (Section 3401.1(b)(4)), nails should not be driven through the sheathing between supports (Section 3401.1(c)), mortar used to secure roof tile shall be sandwiched between all laps at all butts and along the sides of barrel tile (Section 3403.2(e)), roof tiles shall be secured to resist uplift forces (Section 3403.2(f)) and such tile shall extend beyond roof sheathing at the eaves (Section 3403.2(h)). An inspection of Mrs. Perper's roof conducted on February 25, 1985, by Robert B. Hilson, who was accepted as an expert in roofing and the installation of Spanish-S tile, indicates there were violations of several of the above provisions of the South Florida Building Code when he made his inspection, but there is no evidence that these violations were willful or deliberate, or that they were the result of work completed by Respondent in September, 1982. Between June, 1983, when Mrs. Perper denied access to Respondent's crew and February, 1985, when Hilson made his inspection, Mrs. Perper allowed a painter to go on her roof to see about her leak problem and to repair some flashing around her chimney. There is conflicting evidence concerning whether Respondent called for a final inspection after completing the roofing of Mrs. Perper's residence. Respondent testified that he did call for the inspection, but could offer nothing to substantiate his testimony. Petitioner called Oswald Ferro, building inspector, who testified that in the limited time he had available to him he could only find a record in the City of Miami Beach building department of one inspection on this job, but this was not a final inspection on this job. He had no personal knowledge about inspections on this job or whether Respondent had failed to call for a final inspection. Based upon the conflicting evidence presented and considering the demeanor of the witnesses, it is found that Petitioner has not established that Respondent failed to call for a final inspection.
Recommendation Based on the foregoing, it is recommended that a Final Order be issued dismissing the Administrative Complaint filed against Respondent Frank A. Gory. DONE and ENTERED this 28th day of August, 1986 at Tallahassee, Florida. DONALD D. CONN, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of August, 1986. COPIES FURNISHED: Fred Seely, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Errol H. Powell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Martin G. Brooks, Esquire 300 Hollywood Federal Building 4600 Sheridan Street Hollywood, Florida 33021 APPENDIX Rulings on Petitioner's Proposed Findings of Fact: 1,2 Adopted in Finding of Fact 1. Adopted in Finding of Fact 2. Rejected as irrelevant and unnecessary. Adopted in Finding of Fact 2. Rejected as irrelevant. 7,8 Adopted in Finding of Fact 3. Adopted in Finding of Fact 5, 6. Adopted in part and rejected in part in Finding of Fact 5, 6. Adopted in Finding of Fact 5. Adopted in Finding of Fact 7. 13,14 Rejected as not based on competent substantial evidence. Adopted in Finding of Fact 5,7. Rejected in Finding of Fact 12. 17,18 Rejected as cumulative and unnecessary. Adopted in Finding of Fact 9. Rejected in Finding of Fact 13. 21-28 Rejected as not based on competent substantial evidence. Respondent did not timely file proposed findings of fact by August 26, 1986 as required by Order entered August 6, 1986, and therefore no rulings can be made relative to any proposed findings which may be submitted by Respondent.
Findings Of Fact Based on the exhibits received in evidence, and on the testimony of the witness at the hearing, I make the following findings of fact. The Respondent, Gerald Z. Hickey, was issued license number ER0008796 by the Electrical Contractors' Licensing Board on November 11, 1983. This license has never been suspended. However, this license expired on June 30, 1984, and is now in a delinquent or "inactive" status. On March 10, 1985, Gerald Z. Hickey was the electrical contractor at an electrical job located at 1500 N.E. 162nd Street, North Miami Beach, Dade County, Florida. On that date at that job location no journeyman electrician was present, but electrical work was being performed by an unlicensed person. On that date at that job location Gerald Z. Hickey was using a temporary service to supply ungrounded and unfused conductors and receptacles at the job site. On that date at that job location receptacles were installed without a Ground-Fault Circuit Interrupter and without a grounding conductor. On that date at that job location Gerald Z. Hickey had failed to provide Ground-Fault protection for personnel at the construction site. These conditions at the job site created a risk of serious injury or death to employees at the job site. As a result of the facts described in the preceding paragraph the Construction Trades Qualifying Board (CTQB) of Metropolitan Dade County brought charges against Gerald Z. Hickey, alleging that the facts described above constituted violations of various specified provisions of the Code of Metropolitan Dade County, of the South Florida Building Code, and of the National Electrical Code. Gerald Z. Hickey entered a plea of guilty to the charges brought against him by the CTQB. The decision of the CTQB was to find Gerald Z. Hickey guilty and to fine him a total of $7,500 and to suspend his certificate of competency for a period of one year. The Code of Metropolitan Dade County, the South Florida Building Code, and the National Electrical Code are all applicable to electrical contracting jobs in Dade County, Florida.
Recommendation Based on all of the foregoing, I recommend that the Electrical Contractor's Licensing Board issue a Final Order to the following effect: Dismissing Counts Two and Three of the Administrative Complaint. Concluding chat Gerald Z. Hickey has violated paragraphs (f) and (n) of Section 489.533(1), Florida Statutes, as charged in Count One of the Administrative Complaint and Imposing on Gerald Z. Hickey a penalty of an administrative fine in the amount of $1,000 and suspending the license of Gerald Z. Hickey for a period of one year. DONE AND ORDERED this 19th day of July, 1985, at Tallahassee, Florida. MICHAEL M. PARRISH 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 19th day of July, 1985. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Senior Attorney Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Gerald Z. Hickey 10000 Bahia Drive Miami, Florida 33189 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Jerry W. Hendry, Executive Director Electrical Contractors Licensing Board Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact At all times material to this proceeding, Respondent was a registered roofing contractor, having been issued License No. RC0034672, in the name of John M. Sneed, Beall and Associates Roofing Corp., 7650 Southwest 135th Street, Miami, Florida 33156. Sometime during the month of October, 1951, Jerry Stamos entered into an oral agreement with Bill Parry and Billy Duncan, to have Parry and Duncan reroof Stamos's home at 441 Castonia Avenue, Coral Gables, Florida. The contract price for the reroofing work was $4,000. At no time was either Duncan or Parry licensed to perform roofing work. As a result, after Mr. Stamos was unable to obtain a building permit in his own name to perform the work, Duncan contacted Respondent, and requested that Respondent pull the building permit for the job. On October 20, 1981, Respondent obtained City of Coral Gables, Department of Building and Zoning Permit No. A48375 to perform the work on the Stamos's property. At the time the building permit was pulled by Respondent, no work had commenced on the job. Duncan and Parry were paid a total of $4,000 for the job, $100 in cash; $2,000 on October 13, 1981; and an additional $1,900 on October 22, 1981. Shortly after the building permit was pulled and work had been commenced on the property by Duncan and Parry, Duncan and Parry stopped work on the roof and never returned. Respondent was on the job site on at least one occasion when work was being performed. No notice was furnished to Mr. Stamos concerning cessation of work on the project, nor was he ever given an explanation of why work stopped and was never recommenced by Parry, Duncan, or Respondent. Respondent never supervised any of the work performed by Parry or Duncan, nor did he ever call for any inspection of the project by the City of Coral Gables, Department of Building and Zoning. The South Florida Building Code, Section 3401.1(b) provides as follows: INSPECTION. The Building Officials shall be notified by the permit holder and ample time for mandatory inspections to be made as follows: At the time the anchor sheet is being mopped to non-nailable decks. At the completion of mechanically fastening the anchor sheet to nailable decks and before mopping. During the operation of shingling or tiling. Upon completion of the roof covering. On December 1, 1981, Respondent contacted the City of Coral Gables, Department of Building and Zoning, and cancelled the permit previously obtained by him on October 20, 1981. At that time, Respondent represented to city officials that construction had never started on the project, although he knew that representation to he false. The building project remained unfinished for a period in excess of ninety days before Mr. Stamos had the job finished by another contractor.
Findings Of Fact The Respondent, Hodges J. Jefferson, is a registered general contractor having been issued License No. CGC004463. The Petitioner is an agency of the State of Florida charged with regulating the licensure status of contractors in the State of Florida, and with enforcing the requirements of Chapter 489, Florida Statutes, pertaining to licensing and regulation of the practices of general contractors in Florida. On or about March 3, 1979, Respondent, doing business as H. J. Jefferson Brothers Construction, Inc., entered into a contract with Gladston Kemp to construct a room addition on his residence for a total sum of $14,900. The construction loan by which Mr. Kemp was to finance the addition was ultimately approved sometime in April 1979. The Respondent commenced work on the property after the first check was paid him by Mr. Kemp on May 3, 1979. The Respondent worked for two to three days digging the foundation, constructing the foundation and the brick wall involved and then stopped work for a period of four to five weeks. He then came back and worked on the addition, finishing construction of the foundation, the block walls, the tie beam and the bedroom portion of the roof up to the first layer of tar paper on one side of the addition. The other side of the addition to Mr. Kemp's house was left at that point with the roof not being constructed at all. Up to July 20, 1979, Mr. Kemp had paid the Respondent a total of $7,500, inasmuch as the contract called for payments in one-third increments of the total contract price at various stages of construction. At that point the Respondent left the job after being paid $7,500 of the total price. By letter of July 24, 1979, the Respondent demanded an additional $2,900 which would complete approximately the second one-third of the total contract price and on the following day, July 25, Mr. Kemp paid the Respondent the $2,900. Thus, at that point, July 25, 1979, Mr. Kemp had paid the Respondent a total of $10,400. The Respondent did not come back and continue construction of the project. Mr. Kemp tried repeatedly to contact the Respondent, to no avail. After numerous efforts, he contacted him by telephone and the Respondent assured him that he would come by and send "his man" out to commence work, but no one ever appeared to continue the construction. Finally, in October, 1979, Mr. Kemp contacted the Respondent and he once again assured Mr. Kemp that he would come back to finish the job. Additionally, sometime after July 25, 1979, the Respondent demanded $375 from Mr. Kemp to pay for the architectural plans drafted by Edna Mingo, the architect who drafted the plans for the job in January, 1979. Mr. Kemp had already paid the $375 to Edna Mingo in January of 1979. In any event, he relented and gave the Respondent the additional $375 in order to induce him to come back and finish the job. Finally, in the latter part of October 1979, the Respondent returned to the job and began putting rafters on the bedroom portion of the addition. He then asked Mr. Kemp to advance him some more money, over and above the $10,775 Mr. Kemp had already paid him. The roof on one-half of the addition was still not finished, but Mr. Kemp gave the Respondent another $1,700 by check dated November 16, 1979. Approximately two weeks thereafter Mr. Kemp gave the Respondent another $500 in cash. Shortly before Thanksgiving 1979, the Respondent came to the project and asked Mr. Kemp to advance him some more money which Mr. Kemp refused to do. Several days later Mr. Kemp received a "demand letter" from the Respondent asking for more money and reminding him of his obligation to honor the contract. At that point Mr. Kemp contacted the Respondent and met with him at the job site, whereupon Mr. Kemp displayed to him all the checks he had already paid him, informing him of the total amount of money paid and that he did not feel that he owed him any more money. He demanded that the Respondent complete his job. The Respondent, in turn, sent Mr. Kemp a letter on November 21,1979, informing him that he would complete the job if Mr. Kemp gave him the last one- third of the contract price. At that point Mr. Kemp had already given the Respondent $12,975, so, less than one-third of the contract price was still outstanding. The Respondent assured Mr. Kemp in that letter (Petitioner's Exhibit 17, in evidence) that he would complete the job by December 15, 1979. Mr. Kemp gave the Respondent another $2,100 making a total of $15,075 paid to the Respondent (the contract price being $14,900). Respondent did not complete the job in December 1979 and indeed never completed it. He went to Mr. Kemp's house "one night in December" and discussed the job with Mrs. Kemp's wife and assured her that he was going to try and get the job "out of the way" by January. The Respondent never came back to continue working on the job and never communicated with the Kemps after December 1979, except for a fist fight between Mr. Kemp and the Respondent engendered by the bitterness resulting form this dispute which occurred in July 1980. Mr. Kemp and his wife, however, went to the Respondent's home in January 1980 to ask him when he would complete the job. He became abusive and would not give them a copy of the plans so that the Kemps had to get a duplicate copy from the architect so Mr. Kemp could then obtain the appropriate inspections from the building department. There were no extra additions to the contract and the only work ever required of the Respondent was that described on the building plans. The fees fro the electrical, plumbing, and building permits were paid by Mr. Kemp. At the time the Respondent left the job it was approximately 55 percent complete. The roof was incomplete. Mr. Kemp had to do the "rough plumbing," the "finish plumbing," install a half bath, a utility room and a full bath in the bedroom. Mr. Kemp also had to "rough in" the electrical wiring, that is, run the electrical service wiring inside the house for the finish electrical work. Mr. Kemp also had to install drywall and plaster inside and outside the house and completely "finish out" the addition to his home. He supplied some of the labor for this himself and hired various subcontractors to do other portions of the work such that he ultimately spent approximately $9,000 in excess of the amount paid Respondent in order to finish the job in accordance with the building plans. Completion of the work thus cost the Kemps an additional $9.000 above the $15,075 already paid the Respondent, with the use of the monies paid Respondent for the last 45 percent of the work required of him by the contract being unexplained, except for the Respondent's general statement that some of that money was attributable to unaccounted for "overhead" costs. The Respondent left the job in terms of performing any work in October 1979, promised to finish it in December and later in January 1980, and never returned to finish the job or perform any more work such that sometime in the summer of 1980 the Kemps ultimately finished the job through their own labors and that of various subcontractors and materialmen they were forced to hire and pay.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, it is, therefore RECOMMENDED that the contractor's license of Hodges J. Jefferson be suspended for a period of 5 years, provided however, that if he makes full restitution to the Kemps of all monies they expended for labor, materials and permits to complete the work he was contractually obligated to complete within one year from a Final Order herein that that suspension should be terminated and his license reinstated. DONE AND ENTERED this 14th day of March 1984 in Tallahassee, Florida. P. MICHAEL RUFF 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 14th day of March 1984. COPIES FURNISHED: Harold M. Braxton, Esquire 45 Southwest 36th Court Miami, Florida 33135 Hodges J. Jefferson 2250 Northwest 194th Terrace Miami, Florida 33156 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact The Respondent Donald W. Nettles is a certified general contractor having been issued license number CO C008957. Respondent's last known address is Crown Builders International, Inc., 1175 N.E. 135th Street, North Miami, Florida. On or about April 30, 1980, Respondent as qualifying agent for Crown Builder's International, Inc., contracted with Buckley Towers Condominium to repair damage caused by a fire to a condominium owned by Lee K. Abrams, 1301 N.E. Miami Gardens Drive, Apartment 205W, North Miami Beach, Florida. Said contract included the repair and, if required, the replacement of electrical wiring and outlets that were damaged by the fire. The amount of the contract was $10,640. On or about May 29, 1980, the Respondent completed the work without pulling a building permit or calling for building inspections as required by the South Florida Building Code. The Respondent, a general contractor who is not licensed to perform electrical work in Dade County, performed electrical work on the Abrams job which was outside the scope of his contractor's license. This complaint arose due to a dispute between the Respondent Nettles and the complainant over the replacement of a $56.16 thermostat with a defective control which resulted in electric bills of approximately $60 over a four-month period. The Respondent refused to pay for the replacement thermostat when the complainant also demanded that he pay her electric bills over the four month period. The Respondent refused to pay the electrical bills because on the day the thermostat was installed, May 29, 1980, the complainant left for New York and the Respondent was unable to gain access to the apartment to replace the thermostat until her return. A subpoena was issued in this case by the Petitioner to the complainant to ensure her attendance at the final hearing. Approximately a day before the final hearing, the complainant informed counsel for the Petitioner that she would not attend the final hearing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of law, it is RECOMMENDED: That the Respondent Donald W. Nettles be found to have violated Section 489.129(1)(j), Florida Statutes by operation of Section 489.113(3), Florida Statutes, and be placed on probation for a period of six months. DONE and ORDERED this 23rd day of December, 1982, in Tallahassee, Florida. SHARYN L. SMITH, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of December, 1982. COPIES FURNISHED: Michael J. Cohen, Esquire Suite 101 Kristin Building 2715 East Oakland Park Boulevard Fort Lauderdale, Florida 33306 Donald W. Nettles 1175 N.E. 135th Street North Miami, Florida 33161 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DEPARTMENT OF PROFESSIONAL REGULATION Petitioner, vs. CASE NO. 0021333 DONALD W. NETTLES Crown Builders International, Inc. CG C008957 1175 Northeast 135th Street North Miami, Florida Respondent. /
The Issue The issue for consideration at this hearing is whether Respondent's certification as a communications systems specialty contractor in Pinellas County should be disciplined because of the matters alleged in the Administrative Complaint filed herein.
Findings Of Fact At all times pertinent to the issues herein, the Petitioner, Pinellas County Construction Licensing Board, was the county agency responsible for licensing contractors in the construction trades in Pinellas County and for the regulation of the profession of contracting in that county. Respondent, Michael G. Linton held license No. C-5513 as a certified communications systems specialty contractor in Pinellas County. On or about June 14, 1995, Kim and Vincent Carter, tenants at a residence located at 118 7th Street in Belleair Beach, Florida, contacted Respondent to secure his assistance in moving the satellite reception dish which he had initially installed for them to their new residence. On that date, Respondent issued an invoice to the Carters on which he indicated he was to reinstall their satellite system for $300.00. The statement was signed by Respondent and also bears the apparent signature of V.J. Carter. Mr. Linton claims it was Mrs. Carter who signed the statement authorizing the work, however, but she denies it and Mr. Carter claims it was he who signed it. Mr. Carter disconnected the system inside the residence and helped to take down the outside dish. Respondent moved the dish from the Carter's old residence to their new residence where it was to be reinstalled. Respondent did not pull a permit from the City of Belleair Beach to construct the base for the antenna dish. A permit was required. Mr. Linton claims he did not dig the hole for the base into which he poured the cement but that the base hole was dug by Mr. Carter. Mr. Carter denies having done so. Whoever dug the hole, it did not meet code requirements since it was only 20 inches deep and the code requires a base of concrete at least 48 inches deep. The length and breadth of the slab depends on the size of the satellite dish and the length of the pole on which it will be affixed. The Carters deny that they agreed to pull the permit for this work, claiming that since they are not the owners of the property, they cannot do so. This is not so, however, because, under the terms of the Code, (Section 6- 3(a)(1), either the owner of the property or the authorized agent of the owner can pull the permit. If authorized by the owner of the new residence, either the Carters or the contractor may have pulled the permit. Neither did. Respondent claims he was hired by the Carters only to help them move their satellite system. He was to be paid between $300.00 and $350.00, and Mr. Carter was to help. Because Carter and Mr. Moore, the building official, were old friends, Carter was to pull his own permit and that was put on the invoice. The Carters claim this notation was not there when they signed the invoice. Respondent claims he would have charged $150.00 extra to pull the permit. Respondent admits he holds himself out as a communications systems contractor and that he was retained by the Carters to do work related to the move of their satellite system from one residence to another, but only to help Mr. Carter. He admits he knew a permit was required for the construction of the new base and, though he may not have known whether a permit had been pulled before he poured the new base, he did not pull it himself or insure that one had been pulled. He now admits he should not have relied on the Carters' representations that they would take care of it. He also did not insure that the base which was poured conformed to the requirements of the approved engineering for the installation. The city's building official, Mr. Moore, inspected the work site, on two separate occasions. He first found the hole to be too shallow. When he came back to reinspect, the cement had been poured and he could not gauge the depth, finally accepting the certification of the subsequent contractor that the base conformed to specifications. The conforming work was not done by Respondent but by a subsequent contractor hired by the Carters, Satellite Communications and Electronics, Inc. The Carters were billed an additional $250.00 for this follow up work. This included a fee of $150.00 for pulling the required permit.
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, placing his license on probation for six months, and imposing an administrative fine of $250.00. DONE and ENTERED this 12th day of April, 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 12th day of April, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-5933 To comply with the requirements of Section 120.59(2), Florida Statutes (1993), the following rulings are made on the parties' proposed findings of fact: Petitioner's Proposed Findings of Fact. None submitted. Respondent's Proposed Findings of Fact. Respondent's counsel did not number the facts urged in that portion of his submittal described as "Respondent's version Of The Facts." Therefore, the four paragraphs in that section will be addressed individually. Accepted. Accepted, but the contractor must not begin work without a permit being issued. Not a proper Finding of Fact but a comment on the state of the evidence. Accepted. COPIES FURNISHED: William J. Owens Executive Director Pinellas County Construction Licensing Board 11701 Belcher Road, Suite 102 Largo, Florida 34643-5116 Louis Bakkalapulo, Esquire The Wilder Center Suite 404 3000 Gulf to Bay Boulevard Clearwater, Florida 34619
