Findings Of Fact The Respondent entered into a contract with Anthony Cocco and his wife in August of 1977, to construct a single-family residence. By June of 1978, work on the project had virtually ceased, although Respondent caused some landscaping work to be done after that date. In October, 1978, Respondent gave notice to Cocco of a default on the contract. This led to civil litigation on the contract between the parties which was unresolved at the time of the subject hearing. Respondent was licensed as a residential contractor in 1970. See Petitioner's Exhibit #1. The Respondent was also licensed at the time of the hearing. See Petitioner's Exhibit #2. No evidence was received that the Respondent was licensed at any time between the date he entered into the contract with Cocco and the date that Respondent gave notice of default. Regarding the Respondent's licensure between August of 1977, and October, 1978, the only evidence received was the Petitioner's Exhibit #2, which states in pertinent part: ... Said licensee was licensed September 1970 and has been current for all years licensed.
Recommendation Therefore, based on the foregoing Findings of Fact and Conclusions of Law, the Respondent's Motion for Directed Verdict is granted, and it is recommended that this cause be dismissed. DONE and ORDERED this 19th day of April, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 April, 1982. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Michael E. Egan, Esquire 217 South Adams Street Post Office Box 1386 Tallahassee, Florida 32302 Jane E. Heerema, Esquire 217 South Adams Street Post Office Box 1386 Tallahassee, Florida 32302 George E. Tragos, Esquire 487 Mandalay Avenue Clearwater Beach, Florida 33515 Samuel Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 C. B. Stafford, Executive Director Board of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: At all times pertinent to this proceeding, the respondent James A. Riley was a certified building contractor in Florida, having been issued license number CB-C029035. On or about April 23, 1985, Marion Smith entered into a contract with William Ross to remodel two duplexes in Lakeland. At that time, Mr. Ross held himself out to Ms. Smith as a licensed contractor. Ms. Smith agreed to pay Mr. Ross $9,975.00 for the remodeling work, which included reroofing, painting inside and out, porch screening, redoing inside walls and bathrooms, and certain kitchen work. By Application for Permit dated April 23, 1985, and received by the City of Lakeland Building Inspection Division on April 24, 1985, James Riley requested a building permit to do certain work at the residence of Marion Smith. The description of the work to be done was "reroof - replace doors - panel - drywall - window - repair floor, etc., kitchen - bath, bedrooms, paint house." The permit application also stated that the work was to be done by "Riley Const." and that the name of the architect, designer or applicant was James Riley. Marion Smith never met or spoke with James Riley until August of 1985. William Ross commenced work on the duplexes within a week of the time that the April 23, 1985, contract was signed. He last worked on the project in June of 1985, after Marion Smith had paid him in full. At the time Mr. Ross left the project in June, the entire insides of the duplexes were incomplete. Mr. Ross was never licensed as a contractor in Florida, nor was he registered as a contractor in the City of Lakeland. Marion Smith learned from City of Lakeland officials that it was James Riley who had pulled the permit for work on her duplexes. On or about August 24, 1985, she and respondent Riley entered into an agreement whereby respondent agreed to complete the work and furnish all labor and materials. The agreement states that "We value this work at $3,200.00 to be paid by William Ross..." The agreement further provides that work will be started on August 27, 1985, and completed on or before October 7, 1985. Respondent Riley began work, plastered the ceilings and started to paint the walls. He last worked on the duplexes in October of 1985, leaving incomplete the bathroom work, the kitchen cabinet work, electrical fixture work and the remainder of the wall painting. Thereafter, Marion Smith had to employ others to complete the work originally contracted for by Mr. Ross and which respondent Riley subsequently agreed to complete. She paid approximately $3,500.00 to have the unfinished work completed. One of the duplexes was completed in December of 1985, and the other was completed sometime in 1986. Respondent Riley testified that he did not complete the work on the Smith duplexes because Ms. Smith took the keys away from him when she became dissatisfied that he was not finishing the job fast enough. He admits that he was only working part time on that project. Marion Smith's mother testified that respondent Riley told her he could not finish the work because Marion Smith never gave him any money. Two disciplinary actions have been brought against respondent Riley's registration as a contractor by the City of Lakeland. His registration with the City has been suspended twice for thirty days each time.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that respondent James A. Riley be found guilty of violating Section 489.129(1)(e),(i),(j),(k) and (m), Florida Statutes, that his certification as a building contractor be suspended for a period of eighteen (18) months, and that an administrative fine of $1,500.00 be imposed. It is further RECOMMENDED that, should respondent provide written proof to the Board, within six (6) months of the date of the Final Order in this cause, that he has relieved Marion Smith of the additional monetary damages incurred to complete the construction work on the duplexes, the period of suspension be shortened to a period of six (6) months from the date such written proof is provided. Respectfully submitted and entered this 30th day of June, 1988, in Tallahassee, Florida. COPIES FURNISHED: Fred Seely, Executive Director DPR, Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Jack M. Larkin, Esquire 806 Jackson Street Tampa, Florida 33602 James A. Riley 1934 Lake Parker Drive West Lakeland, Florida 33805 DIANE D. TREMOR 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 30th day of June, 1988.
The Issue The issues in this case are whether Respondent, Daniel F. Acevedo, committed the offenses alleged in a four-count Administrative Complaint filed with Petitioner, the Department of Business and Professional Regulation, on July 11, 2008, and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, the Department of Business and Professional Regulation (hereinafter referred to as the "Department"), is the agency of the State of Florida charged with the responsibility for, among other things, the licensure of individuals who wish to engage in contracting in the State of Florida; and the investigation and prosecution of complaints against individuals who have been so licensed. See Chs. 455 and 489, Fla. Stat. Respondent, Daniel F. Acevedo, is and has been at all times material hereto a certified general contractor in Florida, having been issued license number CGC 1506071. Mr. Acevedo is also a Certified Roofing Contractor, having been issued license number CCC 1326888. Both licenses were issued by the Construction Industry Licensing Board (hereinafter referred to as the “Board) and are in “current active” status. At all times material, Mr. Acevedo was the primary qualifying agent for All Design Systems, Inc. (hereinafter referred to as “All Design”). All Design is a Florida corporation. Mr. Acevedo is an officer of the corporation. All Design’s certificate of authority, License Number QB 26737, was issued on September 4, 2003. The license expired on August 31, 2007, and was in delinquent status from September 1, 2007, to May 14, 2008. Mr. Acevedo remained the qualifying agent during the delinquent period. All Design employed three to four sales agents who “sold” construction projects to commercial and residential property owners on behalf of All Design. All Design utilized these individuals because it believed they had experience in the construction industry and that they held licenses or certifications which would allow them to perform estimates on construction projects and make appropriate bids. The sales agents were to find customers for All Design and enter into contracts with them on behalf and in the name of All Design. In August of 2005, Mr. Acevedo was approached by Eduardo Rodriguez. Mr. Rodriguez offered to locate potential home remodeling customers for All Design in exchange for a percentage commission. Mr. Acevedo agreed. At no time relevant to this matter was Mr. Rodriguez licensed in Florida to engage in contracting as a state certified or registered contractor. Nor was Mr. Rodriguez’s business entity, Eduardo’s Construction, Inc. (hereinafter referred to as “Eduardo’s Construction”), licensed with a certificate of authority as a contractor qualified business. Mr. Rodriguez was the president and sole officer of Eduardo’s Construction. Eduardo’s Construction was not incorporated in Florida. Some time during 2005, Grace Esposito obtained a business card for Eduardo’s Construction. She obtained the card after discussing with a neighbor construction work that was being performed by Eduardo’s Construction on the neighbor’s residence. The neighbor informed her that Mr. Rodriguez was the contractor performing the work. The business card incorrectly represented that Mr. Rodriguez was licensed and insured. Ms. Esposito called the number listed for Eduardo’s Construction and spoke with a man who identified himself as Eduardo Rodriguez. In August 2005, Mr. Rodriguez met with Ms. Esposito at her condominium residence, located at 20301 West Country Club Drive, Aventura, Florida (hereinafter referred to as the “Subject Property”). Ms. Esposito discussed with Mr. Rodriguez the work which she desired. Based upon representations from Mr. Rodriguez, Ms. Esposito believed that he was licensed to perform the work being discussed. The evidence failed to prove, as suggested by Mr. Acevedo, that Mr. Rodriguez “bid on the Esposito job, [and] orally agreed to essential terms with Esposito on behalf of All Design Systems, Inc., Respondent’s Firm.” Mr. Acevedo’s testimony in this regard was uncorroborated hearsay and was contradicted by the credible testimony of Ms. Esposito. On September 5, 2005, Ms. Esposito entered into a written contract with Mr. Rodriguez, doing business as Eduardo’s Construction, for the remodeling of the Subject Property (hereinafter referred to as the “Contract”). Ms. Esposito agreed in the Contract to pay $24,000.00 for the remodeling. Upon execution of the Contract, Ms. Esposito paid Eduardo’s Construction with three checks totaling $12,000.00 for the remodeling. Mr. Rodriguez informed Mr. Acevedo of the project in September 2005. At that time, without reviewing the Contract, Mr. Acevedo executed a building permit application which Mr. Rodriguez provided him for the project. The permit application had not been signed by Ms. Esposito. In October 2005, Mr. Rodriguez presented the building permit application to Ms. Esposito for her signature. The permit application was then submitted to the building department. The building permit was subsequently approved and issued under Mr. Acevedo’s license and in the name of All Design. Ms. Esposito had been told that part of the work would be completed in October. When this representation proved untrue, she began contacting Mr. Rodriguez. Mr. Rodriguez told her that it was taking time to get the permit due to delays at the building department. Eventually, when she was no longer able to contact Mr. Rodriguez, Ms. Esposito went directly to the building department where she learned that All Design was the contactor of record and not Eduardo’s Construction. On or about October 31, 2005, Ms. Esposito telephoned All Design and spoke with Mr. Acevedo. She informed Mr. Acevedo about the Contract. Mr. Acevedo agreed to meet with her. On November 1, 2005, Mr. Acevedo visited Ms. Esposito at the Subject Property. She showed him the work that had been performed and explained the details of the Contract and what had transpired with Mr. Rodriguez. Mr. Acevedo told Ms. Esposito that his relationship with Mr. Rodriguez was that he merely allowed Mr. Rodriguez to use his license to pull permits in exchange for $150.00. Mr. Acevedo told Ms. Esposito that he would attempt to get Mr. Rodriguez to complete the job. This meeting was memorialized in a letter to Mr. Acevedo written by Ms. Esposito. At some time in November, work recommenced on the project. Within approximately three days, however, work stopped. Ms. Esposito sent four emails to Mr. Acevedo describing the work performed and the cessation of the project. Ms. Esposito made a final request that the project be completed. Mr. Acevedo did not respond to the emails. On or about November 17, 2005, Ms. Esposito sent a letter to Mr. Acevedo outlining the events, requesting termination of the Contract, and the removal of Mr. Acevedo from the building permit. Mr. Acevedo did not respond to this letter. The building permit was cancelled by Mr. Acevedo in December 2005. The total investigation costs incurred by the Department, excluding those costs associated with any attorney’s time, was $381.83. Mr. Acevedo has not previously been disciplined by the Board.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Daniel F. Acevedo violated the provisions of Section 489.129(1)(d), (i), and (m), Florida Statutes, as alleged in Counts I, II, III, and IV of the Administrative Complaint; imposing fines of $250.00 for Count I, $1,000.00 for Count II, and $2,000.00 for Count III; requiring that Mr. Acevedo pay the costs incurred by the Department in investigating and prosecuting this matter; placing Mr. Acevedo’s licenses on probation for a period of two years, conditioned upon his payment of the fines, payment of the costs incurred by the Department; and any other conditions determined to be necessary by the Board. DONE AND ENTERED this 11th day of March, 2009, in Tallahassee, Leon County, Florida. LARRY J. SARTIN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of March, 2009. COPIES FURNISHED: Brian P. Coats, Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2022 Daniel Acevedo All Designs Systems, Inc. 2813 Executive Drive Weston, Florida 32388 Kenneth Stein, Esquire 8436 West Oakland Park Boulevard Sunrise, Florida 33351 G. W. Harrell, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Ned Luczynski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact During times material hereto, Respondent, Bobby D. Patton, was a certified general contractor, qualifying Bellavia Construction, Inc. (sometimes referred to as Bellavia) and has been issued license number CGC011543. (Petitioner's Exhibit 1). During times material hereto, John Bellavia (Bellavia) was not licensed by the State of Florida, Department of Professional Regulation, Construction Industry Licensing Board, as a contractor. (Petitioner's Exhibit 1). During times material hereto, Allstate Interiors, Inc., was not qualified with the State of Florida, Department of Professional Regulation, Construction Industry Licensing Board. (Petitioner's Exhibit 1). On October 12, 1982, Bellavia Construction contracted with Mrs. Mei Lin Eisen to construct a fast food restaurant within the confines of Aventura Mall for a cost of $37,000.00. Bellavia executed the contract on behalf of Bellavia Construction as it's president. (Petitioner's Exhibit 2). On October 15, 1982, Mrs. Eisen gave to Bellavia Construction a down payment of $7,400.00. (Petitioner's Exhibit 3). Bellavia Construction was to complete the construction within four weeks after the issuance of the building permit. (Petitioner's Exhibit 1). Mrs. Eisen emphasized to Bellavia that the construction phase of the restaurant had to be completed within the stated period in order that her business could be operating at the time of the Mall's grand opening. Mrs. Eisen also advised Bellavia that if she did not have her business operational at the time of the grand opening, she would be assessed a daily penalty by the Mall's owner for every day she was not in business beyond the grand opening. (TR 21, 35). On October 15, 1982, a building permit was issued to Respondent for the construction improvement work by Bellavia Construction on the Eisen job. (Petitioner's Exhibit 4; TR43). For the three week period following the issuance of the building permit (October 15, 1982), there was virtually no progress on the job with the exception of the drilling of three holes for plumbing and the placement of metal studs; which holes were incorrectly drilled and had to be relocated because they did not comport with the schematic drawings as depicted in the plans. During the three week period following the issuance of the permit, Bellavia was observed performing construction at another business in the mall. During that time, Mrs. Eisen inquired of Bellavia as to the lack of progress on her job and was told that there was no money to be made on the project. At the conclusion of the three week period subsequent to October 15, 1982, Bellavia quit Mrs. Eisen's project and did not return the deposit monies. Mrs. Eisen therefore had to obtain the services of another contractor to complete the job. As a result of this delay, her business was not open at the time of the mall's grand opening. (TR 22, 36). Mrs. Eisen was assessed a civil penalty of $16,800.00, payable over a seven year period at $200.00 a month. (TR 23) Neither during the negotiation of the contract nor during the performance of the contract did Mrs. Eisen or her architect have any knowledge of Respondent. Their entire contractual dealings were with Bellavia. (TR 23, 24, 38 and 39). Bellavia was also the president of Allstate Interiors, Inc., which attained corporate status on May 2, 1983. On May 4, 1983, a building permit for construction work by Bellavia Construction for Aventura Travel was issued to Respondent. (Petitioner's Exhibit 6). On May 11, 1983, a building permit for construction work by Bellavia Construction for Dentaland was issued to Respondent. (Petitioner's Exhibit 5). During February, 1983, Respondent moved from his address of record with the Department of Professional Regulation, Construction Industry Licensing Board, which was 8698 S.W. 50th Street, Cooper City, Florida. In July, 1983, the Department became aware of Respondent's move from the above location during the investigation of the instant case. (TR 50, 53/54, 56/58). Respondent, during the license renewal process period for 1985/1987, notified the Department of his address change to 1005 N.E. 143rd Street, North Miami, Florida, which became his address of record. (Petitioner's Exhibit 1). As stated in the background, Respondent did not appear at the hearing except through counsel.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Respondent, Bobby D. Patton, license number CGC 011543, be suspended for a period of one (1 year. Further, it is RECOMMENDED that an administrative fine of $500.00 be imposed upon Respondent. DONE and ORDERED this 13th day of October, 1986, 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 13th day of August, 1986. COPIES FURNISHED: Erroll Powell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Steven M. Rosen, Esquire 5601 Building 5601 Biscayne Blvd. Miami, Florida 33137
