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PINELLAS COUNTY CONSTRUCTION LICENSING BOARD vs BRADLEY T. BARBOUR, 95-001486 (1995)
Division of Administrative Hearings, Florida Filed:Tampa, Florida Mar. 23, 1995 Number: 95-001486 Latest Update: Aug. 04, 1995

The Issue The issue in this case is whether the Pinellas County Construction Licensing Board should discipline the Respondent for alleged failure or refusal to satisfy a civil judgment in a reasonable period of time.

Findings Of Fact The Respondent, Bradley T. Barbour, has not disputed that he is a certified tile and marble specialty contractor, holding Pinellas County Construction Licensing Board license number C-5778. The Respondent entered into a contract with Cameron Vale to tile the floor of his house. The tile job was unsatisfactory to Vale, who sued in the County Court, Pinellas County, Small Claims Division, Case No. 93-5287 SC-NCD. On February 14, 1994, Vale and the Respondent entered into a Pretrial Conference Agreement. Under the Agreement, the Respondent agreed, among other things, to pay Vale $2,500, payable $200 a month beginning February 18, 1994, until paid in full. Based on the Agreement, Vale and the Respondent filed a Stipulation to Stay Entry of Judgment on February 14, 1995, and two days later the court entered an Order staying entry of final judgment. Contrary to the terms of the Agreement and Stipulation, the Respondent only made one payment of $100. On June 7, 1994, the court entered a Judgment against the Respondent in the amount of $2,400, together with 12 percent interest on the Judgment. The Respondent has made no payments to Vale on the Judgment and has not satisfied the Judgment either in full or in part. The Board has published "Guidelines for Disciplinary Action" which provide for a $300 fine as the "typical" penalty for the first "minor" infraction and a $750 fine as the "typical" penalty for the first "major" infraction. The Guidelines give no guidance in distinguishing between "minor" and "major" infractions. The Guidelines also list aggravating and mitigating circumstances which focus on the harm done by the offense, the licensee's efforts to rectify the situation, and whether there is a history of similar offenses by the licensee. They also authorize suspension or revocation and fines "not to exceed $1,000 per count."

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: (1) finding the Respondent guilty of violating Section 24(2)(c) of Chapter 75-489, Laws of Florida (1975), as amended; (2) fining him $750; (3) revoking his license; and (4) conditioning relicensure upon both full restitution to Cameron Vale under the terms of the outstanding Judgment and full payment of the fine imposed in this case. RECOMMENDED this 23rd day of June, 1995, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 23rd day of June, 1995. COPIES FURNISHED: William J. Owens Executive Director Pinellas County Construction Licensing Board Suite 102 11701 Belcher Road Largo, Florida 34643-5116 Bradley T. Barbour B & B Tile 2035 Philippe Parkway Safety Harbor, Florida 34695

Florida Laws (5) 120.52120.54120.56455.227489.129
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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs TRACY M. THOMAS, D/B/A PARTNERSHIP REMODELING AND ROOFING SERVICES, INC., 10-001244 (2010)
Division of Administrative Hearings, Florida Filed:Fort Myers, Florida Mar. 15, 2010 Number: 10-001244 Latest Update: Nov. 12, 2019

The Issue Whether disciplinary action should be taken against Respondent's license to practice contracting, as charged in the three-count Administrative Complaint filed against Respondent in this proceeding, which alleged that Respondent violated Subsection 489.129(1)(g)2., Florida Statutes (2009),1 by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer; Subsection 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor; and Subsection 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting; and, if so, what penalty should be assessed.

Findings Of Fact Petitioner is the state agency charged with regulating the practice of contracting, including roofing contractors, in the State of Florida. At all times material, Respondent was a certified roofing contractor, having been issued License No. CCC 1328032 by the Florida Construction Industry Licensing Board ("CILB"). Respondent was the qualifier of Partnership Remodeling and Roofing Services, Inc. On February 10, 2009, Respondent entered into a contract with William Heston to re-roof Heston's home located at 6002 Cocos Drive, Fort Myers, Florida 33908. The agreed price of the contract was $13,970.00. On or about February 10, 2009, Heston gave Respondent a check in the amount of $7,000.00 as a deposit, payable to Partnership Roofing Services. After being paid the deposit, Respondent did obtain a permit and filed a Notice of Commencement, but Respondent failed to commence work according to the contract. Heston attempted to contact Respondent numerous times to prompt him to start performing the work, to no avail. On March 6, 2009, Heston sent a letter to Respondent asking for the return of his deposit. Although Respondent claims that he had other financial obligations which prevented him from making restitution to the homeowner, Respondent verbally agreed numerous times to return the deposit to Heston, but he failed to do so. The percentage of contracted work completed was zero, while the percentage of the contract price paid to Respondent was 50 percent. The total investigative costs of this case to Petitioner, excluding costs associated with any attorney's time, was $427.00. Respondent has not had a prior disciplinary action filed against his license.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Department of Business and Professional Regulation, Construction Industry Licensing Board, issue a final order, as follows: Finding Respondent guilty of having violated Subsection 489.129(1)(g)2., Florida Statutes, as alleged in Count I of the Administrative Complaint, and imposing as a penalty an administrative fine in the amount of $1,500.00. Finding Respondent guilty of having violated Subsection 489.129(1)(j), Florida Statutes, as alleged in Count II of the Administrative Complaint, and imposing as a penalty an administrative fine in the amount of $2,500.00. Finding Respondent guilty of having violated Subsection 489.129(1)(m), Florida Statutes, as alleged in Count III of the Administrative Complaint, and imposing as a penalty an administrative fine in the amount of $1,500.00. Ordering Respondent to pay financial restitution to the consumer, William Heston, in the amount of $7,000.00, representing the deposit paid to Respondent. Requiring Respondent to pay Petitioner's costs of investigation and prosecution, excluding costs associated with an attorney's time, in the amount of $427.12. Suspending Respondent's license to practice contracting (No. CCC 1328032) for a period of one year, followed by probation for two years. DONE AND ENTERED this 19th day of July, 2010, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 19th day of July, 2010.

Florida Laws (6) 120.569120.5720.165455.227455.2273489.129 Florida Administrative Code (2) 61G4-17.00161G4-17.002
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CONSTRUCTION INDUSTRY LICENSING BOARD vs. FRANK D. GUTC, 84-002009 (1984)
Division of Administrative Hearings, Florida Number: 84-002009 Latest Update: Jan. 25, 1985

Findings Of Fact Respondent, Frank D. Gutc, holds registered building contractor license number R80027543 issued by petitioner, Department of Professional Regulation, Florida Construction Industry Licensing Board. When the events herein occurred, Gutc resided in Flagler Beach, Florida where he was engaged in the business of constructing residential homes. Simon and Doris Lutterbach were aware of Gutc's construction activities and approached him concerning the possibility of him building a house. The Lutterbachs had only 50,000 with which to buy a home and they conveyed this information to Gutc. Gutc showed them the plans for a three bedroom house which cost in excess of 550,000, but agreed to "downsize" the house to two bedrooms for a price of 550,000, including the lot. Thereafter, on December 11, 1982, Gutc entered into a contract with the Lutterbachs to construct a two bedroom, two bath home at 16 Prince Patric Lane in Palm Coast, Florida at a cost of 550,000. The parties later agreed that Gutc would enclose the porch for an additional 51,700, or a total contract price of $51,700. The contract called for a closing date of March 1, 1983. After the Lutterbachs gave an initial down payment of $10,000 to Gutc, Gutc obtained a $37,500 construction loan from Stockton Whatley Davin & Company. He later received an additional $1,314 from the Lutterbachs for minor changes in the plans. Construction commenced in early January, 1983, but the house was not completed by March 1. The closing date was accordingly reset to April 26, 1983. However, by that date a number of suppliers and subcontractors had filed liens totaling $28,005.37 on the house. The liens were filed even though Gutc had drawn the full amount of the construction loan from the lending institution, and had received almost $11,400 in cash from the Lutterbachs. The Lutterbachs were unable to pay off the additional liens incurred by Gutc and were consequently unable to close on the house. They have never been reimbursed the $11,314 which they advanced to Gutc to construct the home. Since that time Gutc's financial condition has deteriorated, and he has been forced to file for bankruptcy. An expert witness retained by petitioner established that the house constructed by Gutc was substantially underpriced, and that a competent contractor would have charged at least $53,800 for the house itself, exclusive of the cost of land. It was also established that a competent contractor normally prepares an itemized cost sheet whereby all costs are broken out in detail. By doing this, and using sound financial management procedures, a contractor could avoid the predicament which befell Gutc on this project. Gutc himself acknowledged that he should have asked around $70,000 for the house instead of $50,000, that he never priced out construction costs on any of his projects including the Lutterbach project, and did not know if he had made a profit on a job until the proceeds were distributed at closing. Further, he had no one keeping his books, kept no financial records, and did not seek competitive bids on his jobs. In short, while Gutc's on-site competency is not questioned, his planning and financial practices are in contravention of competency standards for the construction industry.

Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty of violating Subsection 489.129(1)(m), Florida Statutes, as set forth in Count III of the administrative complaint. All other charges should be dismissed. It is further RECOMMENDED that respondent pay a $1,500 administrative fine, that his registered general contractor's license be suspended for two years, and that reinstatement of said license thereafter be conditioned on respondent demonstrating that he has received adequate training or study in cost estimating and in the financial management of a construction business. DONE and ORDERED this 25th day of January, 1985, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of January, 1981. COPIES FURNISHED: Douglas A. Shropshire, Esquire 130 North Monroe Street Tallahassee, Florida 32301 Frank D. Gutc P.O. Box 1658 Flagler Beach, Florida 32036

Florida Laws (3) 120.57455.227489.129
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CONSTRUCTION INDUSTRY LICENSING BOARD vs JOSEPH W. MIKLAVCIC, 90-002046 (1990)
Division of Administrative Hearings, Florida Filed:Inverness, Florida Apr. 02, 1990 Number: 90-002046 Latest Update: Nov. 27, 1990

Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are made: At all times material to this proceeding, Respondent Joseph W. Miklavic was licensed as a certified building contractor in the state of Florida, holding license number CB C006615, qualifying Security Home d/b/a Security Homes of Clearwater (Security). Since March, 1989 the Respondent's license has been on active status qualifying, Individual. At all times material to this proceeding, Respondent was a salaried employee of Security. Ronald MacLaren was president of Security and also sole owner and president of Yankee Construction Inc. d/b/a Olympic Homes of Citrus County (Olympic). In accordance with a management agreement between Security and Olympic, the Respondent was assigned by Ronald MacLaren to oversee the operation of Olympic. Olympic was licensed to engage in construction having been qualified by Wilmon Ray Stevenson through license number RB A035005 which was in effect from June, 1987 until October, 1988 when Stevenson filed a change of status application with the Construction Industry Licensing Board (Board) requesting license number RB A035005 be changed to inactive status qualifying, Individual. While this application was not acted upon until February, 1989, the Board considered license number RB A035005 in effect as qualifying Olympic only until October, 1988. Effective September 26, 1988, the name of Yankee Construction, Inc. was changed to Rivercoast Homes, Inc. (Rivercoast) which apparently ceased doing business under the fictitious name of Olympic Homes of Citrus County. On September 19, 1988 Wilmon Ray Stevenson advised the Citrus County Building Department that he was no longer the "qualifier for Olympic Homes". Around this same time, the Respondent, Ronald MacLaren and the management of Olympic became aware that Stevenson would no longer be the qualifying agent for Olympic. There was no evidence that Rivercoast Homes, Inc. a/k/a Yankee Construction Inc. ever advised the Board of the name change or the termination of Stevenson as its only qualifying agent affiliation in accordance with Section 489.119(2)(3), Florida Statutes. Nor was there any evidence that Rivercoast was ever qualified by another qualifying agent pursuant to Section 489.119, Florida Statutes. In accordance with the agreement between Security and Olympic, referred to in Finding of Fact 4, the Respondent continued to oversee the Rivercoast operations until sometime around December 1988 when all of MacLaren's operations in Florida, including Security, closed down. Under Security's agreement with both Olympic and Rivercoast, Respondent's duties included working with management and subcontractors to develop construction schedules and to advise Ron MacLaren of the financial aspect of the company so that MacLaren could make funds available to pay subcontractors, etc. Respondent did not have any control over the finances of either Olympic or Rivercoast such as receiving, depositing or disbursing funds. Either in late September or early October of 1988, Respondent approached Larry Vitt, Citrus County Building Department, as to whether the Respondent could pull permits under his license for Olympic or Rivercoast. Vitt advised Respondent that unless he qualified the company he could not pull permits for that company under his license. Respondent advised MacLaren that Rivercoast would have to have a qualifying contractor in order to engage in contracting. MacLaren did not get Rivercoast qualified to engage in contracting at anytime. Respondent did not qualify Rivercoast under his contractor's license at anytime. Sometime around the last of September or the first part of October of 1988, Respondent became aware that Rivercoast a/k/a Yankee Construction, Inc. was no longer qualified under Section 489.119, Florida Statutes, and therefore, not authorized under law to engage in contracting. On August 16, 1988 Ernest and Marjorie Ellison met with Ken Smith and Gloria Stevenson of Olympic to discuss Olympic building the Ellisons a home. The Ellisons picked out a floor plan at this time and gave Olympic a $100.00 deposit to hold the price until a contract could be executed. On October 1, 1988 the Ellisons met again with Ken Smith and was introduced to the Respondent who gave them a brief run down on the status of the company and advised them that the company was in "good shape". At this meeting, Ken Smith advised the Ellisons of certain things that were required of them before construction began, including a survey. On October 31, 1988 the Ellisons signed a contract with Rivercoast to construct their home. In his capacity as a representative of Security, under the agreement between Security and Rivercoast, the Respondent signed this contract on the line designated Contractor/Representative. There is insufficient evidence to show that Respondent intended to sign the contract as contractor of record as the term contractor is defined in Section 489.105(3), Florida Statutes (Supp. 1988), and thereby impose upon himself the responsibility for the entire project. The contract price was $44,634.00. On November 1, 1977 the Ellisons delivered to Rivercoast a check for $4,363.40 which along with the $100.00 deposit paid in August represented a total down payment of $4,463.40. Respondent did not personally receive any funds from the Ellisons for Rivercoast or receive any funds for himself from the Ellisons under this contract. No permit was ever pulled or any work performed by Rivercoast under the aforementioned contract. Ernest Ellison met with Respondent on November 21, 1988 and requested that the contract be cancelled. Under the authority granted Respondent through the agreement between Security and Rivercoast, the Respondent and Ernest Ellison signed the contract as being cancelled on November 21, 1988. Although the Ellisons were offered an opportunity by the Respondent to transfer their deposit of $4,463.40 to Security and enter into a contract with Security to build their house, they declined and contracted with another contractor. On the date the contract was cancelled, Respondent advised Ernest Ellison that the down payment of $4,463.40 would be reimbursed. Although Respondent attempted to obtain a refund for the Ellisons from MacLaren and was advised by MacLaren that a refund was forthcoming, no refund of the Ellison's down payment was ever made by Rivercoast, Ronald MacLaren, the Respondent or anyone else. Respondent was aware during the negotiation and at the time the Ellison's contract was executed, that Rivercoast was not authorized by law to engage in contracting. However, there is insufficient evidence to show that Respondent ever advised the Ellisons that he would be the contractor responsible for building their home under the contract with Rivercoast or that he would be the contractor to pull the necessary permits for construction of their home. There is no evidence that Respondent had any financial interest or owned any stock or held any office in Rivercoast a/k/a Yankee Construction, Inc. Around October 1, 1988, after Stevenson had withdrawn as qualifying agent for Olympic, Rivercoast was no longer authorized to engage in the practice of contracting since it had not been qualified by another qualifying agent in accordance with Section 489.119, Florida Statutes.

Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence of record, the demeanor of the witnesses and the disciplinary guidelines set out in Chapter 21E- 17, Florida Administrative Code, it is RECOMMENDED: That the Board enter a final order finding Respondent guilty of violating Section 489.129(1)(e), Florida Statutes, and for such violation it is recommended that the Board assess the Respondent with an administrative fine of $1,000.00. It is further recommended that Counts I, II, IV and V be dismissed DONE and ORDERED this 27th day of November, 1990, in Tallahassee, Florida. WILLIAM R. CAVE 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 27th day of November, 1990. APPENDIX CASE NO. 90-2046 The following constitute my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the proposed findings of fact submitted by the parties in this case. Rulings of Proposed Findings of Fact Submitted by the Petitioner Not necessary. Adopted in Finding of Fact 1. Adopted in Finding of Fact 7 but modified. Adopted in Findings of Fact 4, 8, and 10. Adopted in Findings of Fact 9 and 14 but modified. Adopted in Finding of Fact 15. Adopted in Findings of Fact 16 and 17 but modified. Adopted in Findings of Fact 17 and 18. Rulings of Proposed Findings of Fact Submitted by Respondent 1. - 2. Not material or relevant. Adopted in Findings of Fact 1, 7 and 20. Adopted in Finding of Fact 4. Adopted in Findings of Fact 4 and 8. Not material or relevant. Adopted in Finding of Fact 19. - 10. Adopted in Finding of Fact 15. Restatement of testimony not a Finding of Fact but see Finding of Fact 13. Adopted in Finding of Fact 15. Not material or relevant. Adopted in Finding of Fact 15. - 16. Not material or relevant. Restatement of testimony not a Finding of Fact but see Findings of Fact 13, 14 and 15. Adopted in Finding of Fact 19 but modified. Not material or relevant. Adopted in Finding of Fact 4. Restatement of testimony not a Finding of Fact but see Finding of Fact 4. Adopted in Finding of Fact 9. Adopted in Finding of Fact 4 but modified to show license effective until October, 1988 rather than February, 1989. Restatement of testimony not a Finding of Fact but see Findings of Fact 1, 7 and 20. - 26. Not material or relevant. Adopted in Finding of Fact 4 but modified to show from June, 1987 until October, 1988. - 29. Adopted in Findings of Fact 5 and 13. Restatement of testimony not a Finding of Fact but see Finding of Fact 4. - 32. Adopted in Findings of Fact 4, 8 and 9 but modified. Not material or relevant. - 36. Adopted in Findings of Fact 4, 8, and 9 but modified. Adopted in Finding of Fact 10. Not material or relevant. - 40. Adopted in Findings of Fact 8, and 17, respectively. Rejected as there is no substantial competent evidence in the record to show any other contract than the one Respondent signed on October 31, 1988. Not material or relevant. Not supported by substantial competent evidence in the record. Not material or relevant. Adopted in Finding of Fact 18. Restatement of testimony not a Finding of Fact but see Finding of Fact 9. - 50. Not necessary to the conclusion reached since this matter was covered in the Preliminary Statement wherein the motion was denied. COPIES FURNISHED: G. W. Harrell, Senior Attorney Department of Professional Regulation 1940 N. Monroe Street, Suite 60 Tallahassee, FL 32399-0750 Geoffrey Vining, P.A. 2212 South Florida Avenue Suite 300 Lakeland, FL 33803 Daniel O'Brien, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, FL 32202 Kenneth D. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792

Florida Laws (4) 120.57489.105489.119489.129
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CONSTRUCTION INDUSTRY LICENSING BOARD vs. FRANK DANIELE, 79-001941 (1979)
Division of Administrative Hearings, Florida Number: 79-001941 Latest Update: Jul. 23, 1980

The Issue The issue posed for decision herein is whether or not the Respondent has engaged in conduct which warrants the Board to take disciplinary action as set forth in its Administrative Complaint.

Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, arguments of the parties and the entire record compiled herein, the following relevant facts are found. The pertinent complaint allegations are that: Respondent willfully and deliberately disregarded and violated the building codes or laws of this state or its cities, counties or municipalities. Acted as a contractor under a name different from his registered certification. Abandoned a construction project. Materially failed to comply with the provisions of Chapter 468, Florida statutes. 1/ Frank Daniele, Respondent, is a registered General Contractor who holds license No. RG 0009465, which is currently active. On October 24, 1977, Respondent entered into a contract with Mr. and Mrs. Howard Heil to construct a residence for the sum of $75,000.09 in Lee County, Florida. (Petitioner's Exhibit 2.) On December 27, 1977, Respondent, through the entity of D & D Construction Company, applied for and obtained a building permit to construct the Heils' residence. Respondent has qualified D & D Construction Company with the local Lee County Board. The events which are the subject of this complaint occurred in Lee County. (Testimony of John Viking, Petitioner's investigator assigned to investigate the complaint filed by the Heils.) On November 11, 1977, Mrs.. Theresa Heil paid Respondent a fee of $5,000.00 to commence construction of their residence. The Heils paid Respondent two additional payments in the amount of $10,500.00 each on January 30, and March 13, 1978. When Respondent and the Heils entered into the agreement for the construction of their residence the Heils advised Respondent that they wanted parts of two models which the Respondent had plans for, the Amhurst and the Victoria. Respondent attempted to comply with the Heils' request and, in so doing, prepared a set of drawing plans which were submitted to the Heils at their permanent residence in Dumont, New Jersey. According to the plans and specifications submitted to the Heils, the total square footage of the living area was approximately 3,172 plus an additional 520 square feet for the unheated area. (Petitioner's Exhibit 5) The Heils visited the construction site after Respondent had completed the framing chase of the construction. The Heils inspected the Respondent's progress to that point and were pleased with the construction. However, they wanted the entrance area (foyer) enlarged. Respondent explained the difficulty he would encounter in removing various partitions and wall plates after they had been erected. Respondent reluctantly agreed to go along with the Heils' desire to enlarge their home on an "at-cost" basis. The Heils disagreed and Respondent counter-offered to do the enlargement if the Heils would defray one-half of his cost for the enlargement. According to Respondent's undisputed testimony, the Heils requested an enlargement which would bring the total square footage of the house to approximately 5,400 square feet. The parties were unable to independently resolve their differences and the Heils engaged the services of James Humphrey, a local attorney in Fort Myers. Attorney Humphrey was called upon to act as trustee for the disbursement of the remaining monies due Respondent for the completion of the Heils' residence. During approximately July of 1979, Respondent and Attorney Humphrey disagreed with the progress of construction and the disbursement of funds. All work ceased on the project by Respondent after Attorney Humphrey had disbursed approximately $17,500.00. Respondent does not dispute the amount of money paid him by the Heils and their trustee, Attorney James Humphrey. He credibly testified that he endeavored to construct the residence for the Heils within the limits of the funds disbursed him; however, Attorney Humphrey was "very slow in disbursing funds as construction was completed". He (Respondent) also emphasized the fact that he was operating with limited funds and further weakened his financial wherewithal by attempting to enlarge the Heils' residence over and above that which he originally agreed to in an effort to satisfy the Heils. After reviewing the entire testimony and the documents compiled herein relating to the Heils' complaint, the undersigned is of the opinion that the Respondent's version of the events surrounding the Heils' complaint is more credible than the version attested to by Mrs. Heil. For example, Mrs. Heil testified on direct examination that there were no change orders in the project; however, Respondent's undisputed testimony is that the Heils requested and he reluctantly agreed to enlarge the foyer of their residence after the framing phase of the construction was complete. Respondent also testified that the total square footage of the Heils' residence as agreed upon in the contract was approximately 3,483 square feet, 2/ whereas subsequent to the modifications and changes requested by the Heils, the total square footage of the residence was increased to approximately 5,400 square feet. (Testimony of Heil and Petitioner's Exhibit 5.) Finally, Mrs. Heil made much of the fact that she had to pay an additional $1,500.00 for the purchase of a central vacuum system, whereas a review of the contract entered into between the parties revealed that that was one of the items to be purchased "by owners at contractor's cost, if desired". (Petitioner's Exhibit 2, paragraph 23.) Respondent made known to the Heils his inability to complete their residence, as enlarged, without an adjustment in the contract price. When the Heils refused, Respondent had just cause for refusing to complete their residence with the modifications without an adjustment in his contract price. For all these reasons, it is concluded that the Respondent is not guilty of abandonment of a construction project as set forth and defined in Section 468.112(2)(h), Florida Statutes. 3/ I shall so recommend. Maxine Allred, an employee of the Lee County Code Enforcement Licensing Complaint section, appeared and testified at the hearing. Based on Ms. Allred's review of the pertinent inspection documents respecting the Heils' residence, Respondent's work was satisfactory and at each inspection stage the work passed inspection. During 1977 through December 30, 1978, Respondent held a local Lee County registration with D & D Construction Company listed as the qualifying entity. There is no record that the Respondent was suspended by the Lee County Board of Construction as alleged. To the contrary, the Lee County Board advised the Heils by letter dated May 20, 1978, that Respondent's work was satisfactory and in compliance with Code specifications. (Testimony of Ms. Maxine Allred.) Although Ms. Allred testified that in order for Respondent to renew his license, in view of the hiatus between the date that his license expired, i.e., December 30, 1979, and the present time, it would be necessary for Respondent to take a "block exam" and prove his proficiency before the Board, there was nothing in that testimony which would tend to indicate that this requirement was occasioned by anything other than the mere lapse of time since the expiration date of his license. In this regard, Respondent testified that he had in fact passed the required block exam; however, he had not applied for licensure inasmuch as he was merely completing on-going Projects which were commenced during a period in which he was licensed by the local Lee County Board. Finally, Respondent closed by asserting that he would have completed the Heils' house even with the enlargements had payments been timely made as construction progressed. The soaring costs of construction both in terms of labor and materials forced Respondent to halt activity on this project for nonpayment.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: The Administrative Complaint filed herein be DISMISSED IN ITS ENTIRETY. ENTERED this 30th day of April, 1980, 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 30th day of April, 1980.

Florida Laws (1) 120.57
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CONSTRUCTION INDUSTRY LICENSING BOARD vs ROBERT E. POINDEXTER, D/B/A ACCURATE DEVELOPMENT, INC., 97-001956 (1997)
Division of Administrative Hearings, Florida Filed:Melbourne, Florida Apr. 24, 1997 Number: 97-001956 Latest Update: Mar. 20, 1998

The Issue Whether disciplinary action should be taken against Respondent's license to practice contracting under license number CR C056639, based on violations of subsections 489.129(1)(h)(2), (m), (n), and (k), Florida Statutes, as charged in the Administrative Complaint.

Findings Of Fact Based on the evidence and the testimony of the witnesses presented and the entire record in this proceeding, the following facts are found. At all times pertinent to this proceeding, Respondent was a contractor, having been issued license number CR C056639, by the Florida Construction Industry Licensing Board on January 22, 1993. Respondent is the licensed qualifier for Accurate Development Inc., a Florida corporation. On or about December 23, 1994, the Respondent contracted with Joseph and Kathleen Hauser to construct a 2,000 square foot house on lot 15 of the Iroquois South Subdivision, (606) Jillotus Street in Merritt Island, Florida. The contract between Respondent and the Hausers was for the construction of a house only. The real estate upon which a house was to be built was already owned by the Hausers. The construction contract between the Hausers and Accurate Development was executed on December 23, 1994. Respondent presented the contract to the Hausers, who affixed their signatures to the contract first. They then gave the contract back to Respondent for his signature, whereupon he signed it and then he inserted the six percent commission provision in favor of Castle Real Estate. The contracted price for the construction was $147,800.00. The Hausers paid the Respondent $6,940.00 by check as a deposit when they signed the contract on December 23, 1994. The check was payable to Accurate Development. At no time during the transaction between Accurate Development and the Hausers did the Hausers meet a representative of Castle Real Estate in any capacity, nor were the Hausers ever represented by a real estate agent of their own choosing or one furnished by Accurate Development or Castle Real Estate. The Hausers did not discuss a six percent commission for the benefit of Castle Real Estate with the Respondent at any time prior to signing the contract, and they did not initial the six percent provision to approve it. But the Hausers did not object to the insertion of the commission at the time of the signing of the contract or at a later time. The check was endorsed and deposited by Accurate Development on December 23, 1994. On or about February 2, 1995, the construction contract was amended to increase the size of the house. Mr. And Mrs. Hauser applied for a construction loan in the amount of $150,750.00 from the Space Coast Credit Union in Melbourne, Florida. Upon approval of said loan, they paid Accurate Development an additional deposit of $6,940.00 on March 3, 1995. On or about March 3, 1995, the construction contract was revised to separate the construction contract from the spa contract with Aqua-Blue Pools to build a pool. On the date the construction loan was closed, a payment was made by Space Coast Credit Union directly to Castle Real Estate in the amount of $9,045.00 as a six percent commission on the construction contract between Accurate Development and the Hausers. This amount was shown on the closing statement, and no objection was raised by the Hausers. The Respondent was at all material times a director of and closely affiliated with Castle Real Estate. Respondent's spouse was the owner/broker of the real estate company. All of Accurate Development's sales went through Castle Real Estate who provided sales personnel at the Respondent's company's model homes. Respondent did not pull the permit to construct the Hauser's home. During several meetings between the Respondent and the Hausers in May and June 1995, Respondent informed the Hausers that he was having financial difficulties and cash flow problems. At that time, he asked the Hausers if they would pull the permit for the construction of their home or if they would become an owner/builder. Respondent stated that he did not have the money to pull the permit and begin construction. On May 26, 1995, at a meeting between Respondent and the Hausers, Respondent suggested that the Hausers become owner/builder or that they have their home built by Andy Barber, a general contractor and friend of the Respondent or that they take a second or third mortgage on other property that Respondent owned for the amount of the deposit. On or about June 10, 1995, the Hausers contacted Andy Barber about building their home, but he informed them that he was too busy and would not be able to build their house. The Hausers contracted with another builder (Gary Shaul) to build their house, and Mr. Shaul pulled the permit and constructed the house. On June 7, 1995, the Hausers asked the Respondent for an itemized list of what had been done with their up-front money. Respondent informed the Hausers that he had paid general bills. Respondent did not provide an itemized list of his expenses. On August 7, 1995, Mr. Hauser informed the Brevard County Building Department that Respondent was no longer their contractor. Respondent did not object to the Hausers' notice to the Brevard County Building Department that Gary Shaul of Shaul Builders would be constructing the Hausers' home. Respondent has not refunded any portion of the monies paid to him by the Hausers as deposits or the six percent commission paid to Castle Real Estate. Respondent is defending the disciplinary action against him by relying on paragraph 16 of the contract, a liquidated damages clause, to justify retaining the Hausers' deposit money. Paragraph 16 of the contract upon which the Respondent relies, provides in part that "In the event of Purchaser's default hereunder, contractor shall have the option to terminate this contract and retain all monies previously paid by purchaser as its liquidated damages upon five (5) days written notice to purchaser, or contractor may sue for damages or pursue any other legal remedy it may have." Respondent never notified the Hausers in writing that he considered them to be in breach of their contract with him and that he therefore intended to retain the $13,880 deposit they had paid. The Hausers were ready, willing and able to live up to their contract responsibilities. Respondent abandoned the Hausers' job without just cause causing them financial harm.

Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Construction Industry Licensing Board enter a Final Order finding Respondent guilty of violating subsections 489.129(1)(h)(2), (k), (m) and (n), Florida Statutes; it is FURTHER RECOMMENDED that the Board impose an administrative fine in the amount of $6,500, require Respondent to make restitution to the Hausers in the amount of $13,880, require Respondent to pay the costs incurred in the investigation and prosecution of this case, and that Respondent's license be SUSPENDED for five years. RECOMMENDED this 16th day of October, 1997, at Tallahassee, Leon County, Florida. COPIES FURNISHED: John L. Chaves, Esquire Department of Business and Professional Regulation Northwood Centre 1940 N. Monroe Street Suite 60 DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 16th day of October, 1997. Tallahassee, Florida 32399-0792 Robert E. Poindexter 2545 Burns Avenue Melbourne, Florida 32935 Lynda L. Goodgame General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Rodney Hurst, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation 7960 Arlington Expressway, Suite 300 Jacksonville, Florida 32211-7467

Florida Laws (4) 120.57455.227489.1195489.129 Florida Administrative Code (2) 61G4-17.00161G4-17.002
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CONSTRUCTION INDUSTRY LICENSING BOARD vs. ROBERT QUEEN, 76-001805 (1976)
Division of Administrative Hearings, Florida Number: 76-001805 Latest Update: Jun. 03, 1977

Findings Of Fact Robert Queen, Respondent, was during all times material herein a registered general contractor and is the holder of license no. RG0011043. On May 5, 1975, Mr. and Mrs. Paul B. Stuewe, of Delray Beach, Florida, a 100 percent disabled veteran-service connected, entered into a contract with Robert Queen then d/b/a Queen Construction Company for construction of a home. The home was to be completed within 45 days. Construction commenced as scheduled, however within 60 days following commencement of construction, the Stuewes became concerned about the progress of construction and notified the Respondent of their concern. During this period, the Stuewes had received liens and notices of intent to file liens from various suppliers and materialmen. To finance the project, the Stuewes obtained a $55,000.00 construction loan commitment from First Federal Savings and Loan Association. As of August, 1975, approximately $41,000.00 of the available $55,000.00 construction loan commitment had been withdrawn by the Respondent. The remaining balance of approximately $14,175.00 was frozen by the lender based on its receipt of liens or notices of intent to file liens in the amount of $23,243.84 from various suppliers and mechanics. Based on the monies available in the construction loan, it is apparent that when all liens are satisfied, a deficit of approximately $9,000.00 will be created. The Stuewes took possession of their home on December 9, 1975, at which point the construction had not been completed as per the plans. When they took possession, Respondent advised that he had monies due from other projects and that upon receipt thereof, the construction for the Stuewe residence would be completed. Mr. Stuewe testified that when he took possession, the home was not carpeted nor did the Respondent install special railings in hallways and baths that were required by the contract and which the Stuewes requested based on his disability. Maynard Hamlin, the construction loan supervisor for First Federal Savings and Loan Association, testified and was in all respects corroborative of the testimony given by Mr. Stuewe. Edward Flynn, Director of the Construction Industry Licensing Board for Palm Beach County testified that he Investigated various complaints that he had received against Respondent during late 1975 and early 1976. During that board's public meeting of February, 1976, the board considered Mr. Flynn's investigation of various complaints received by Respondent. Respondent was noticed but failed to appear at the hearing. The board did however receive a letter from the Respondent's attorney advising that he felt that his presence was unnecessary at the February meeting inasmuch as he was no longer the qualifying agent for Queen Construction Company, a Florida corporation. Minutes of the board's February meeting revealed that there were outstanding liens on two homes under construction by Respondent in excess of approximately $33,000.00. At that meeting, the board suspended Respondent's certificate of competency for an indefinite period of time. Terry Verner, an investigator for the Florida Construction Industry Licensing Board, investigated the instant complaint filed against the Respondent. Mr. Verner was shown an application for the building permit obtained by Respondent for the Stuewe residence and noted that the permit was obtained by Respondent who qualified Johnson Builders as the qualifying contractor. Investigation of Petitioner's files reveals that Respondent qualified Johnson Builders as the qualifying entity under which he would pull all construction contracts but failed to register the Queen Construction Company, Inc. as required by the Board's rules and regulations. (See Petitioner's Exhibit #4). Based on the foregoing findings of fact, I hereby make the following: CONCLUSIONS OF LAW The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. The authority of the Petitioner is derived from Chapter 468, Florida Statutes. The action of the Respondent in abandoning a construction project for which he contracted leaving a lien balance in excess of $9,000.00 which monies were received by him for completion of a specified construction project and his failure to fulfill the terms of his obligations pursuant to the contract he entered with the Stuewes amount to conduct violative of Chapter 468.112(2)(e), Florida Statutes. Evidence adduced at the hearing established that the Respondent had been disciplined by the County's construction industry licensing board which action is reviewable pursuant to Chapter 468.112 (2)(f), Florida Statutes. Based on the foregoing findings of fact and conclusions of law, I hereby issue the following:

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JERMADO EMMANUEL TURNER vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BUREAU OF TESTING, 00-004175 (2000)
Division of Administrative Hearings, Florida Filed:Orlando, Florida Sep. 29, 2000 Number: 00-004175 Latest Update: May 04, 2001

The Issue Whether Petitioner is entitled to credit for his answers to questions 41 and 48 on the February 2000 Construction, Building Contractor (Contract Administration) examination.

Findings Of Fact Upon consideration of oral and documentary evidence received at the hearing, the following relevant findings of fact are made: The examination for licensure of a general contractor in the State of Florida is administered by the Department of Business and Professional Regulation, Division of Technology, Licensure and Testing. Chapter 455.217, Florida Statutes. A written examination is authorized by Rule 61G4-16.001, Florida Administrative Code. Respondent contracts with Professional Testing, Incorporated, 1200 East Hillcrest Street, Orlando, Florida, which develops tests for the Florida Construction Industry Licensing Board. This practice is approved by Section 455.217, Florida Statutes. Professional Testing, Incorporated, ensures that questions and answers are not ambiguous through a number of methodologies. Petitioner has been an "original" candidate for the construction, building contractor examination twice. The examination has three sections: business finance, project management, and contract administration. A candidate may retake any section three times before the entire examination has to be retaken. One of the questions Petitioner is challenging is the same question he had on the June 1999 examination, that is, the "S mortar" question. This question was repeated on the August 1999 and the February 2000 examination. The copies of the "S mortar" question and answers on the August 1999 and February 2000 examinations which were accepted into evidence were identical. Petitioner maintains that the August 1999 examination question and answers accepted into evidence is not the same as the one he had on his examination. Petitioner agrees that the answer he gave, 20.74, was an incorrect answer and that 46.67 (the "graded correct" answer) was correct. Petitioner maintains that the 20.74 answer he gave on the February 2000 examination was a result of having been advised that 46.67 was an incorrect answer on the August 1999 test. Petitioner examined his original answer sheet form both examinations (August 1999 and February 2000) at the hearing. Petitioner's original answer for the August 1999 examination showed his answer to be "B", an incorrect answer, not the "graded correct" answer "C" (which was 46.67). The second challenged question is question 48 which deals with a "critical activity list" also called a "critical activity interval" or "critical path." Petitioner's answer is 106 days; the "graded correct" answer is 86 days. Question 48 asked the test taker to identify "the latest day work must begin on the roofing activity." One-hundred and six is the number of days the roof must be completed by (not when work must begin). Since this roofing activity takes 21 days it must begin on the 86th day to be complete on the 106th day. The psychometrician expert witness testified that both questions (and answers) were within acceptable statistical ranges as valid. That opinion is accepted.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Bureau of Testing, enter a final order denying Petitioner's challenge to questions 41 and 48. DONE AND ORDERED this 30th day of January, 2001, in Tallahassee, Leon County, Florida. JEFF B. CLARK 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 30th day of January, 2001. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jermado Emmanuel Turner 6511 John Aldan Way Orlando, Florida 32818 Cathleen O'Dowd, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation 7960 Arlington Expressway, Suite 300 Jacksonville, Florida 32211-7467 Barbara D. Auger, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792

Florida Laws (3) 120.57455.217456.014 Florida Administrative Code (1) 61G4-16.001
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CONSTRUCTION INDUSTRY LICENSING BOARD vs. MARTIN GOLD, 88-003310 (1988)
Division of Administrative Hearings, Florida Number: 88-003310 Latest Update: May 30, 1989

Findings Of Fact Based upon the record evidence, the Hearing Officer makes the following findings of fact: Martin Gold is now, and has been since July, 1986, licensed by Petitioner as a Registered Specialty Contractor authorized to do painting and waterproofing work in Dade County. He holds license number RX 0051718, which expires June 30, 1989. Since receiving his license he has been disciplined twice by the Florida Construction Industry Licensing Board. Gold is the President of Team Leisure Corp., a construction company, and is also its "qualifying agent." On August 14, 1986, Team Leisure Corp. entered into a written contract with Terry Dudley and his wife, Patricia, in which it agreed, for $12,000, to build a two-room, 27-foot by 13- foot addition to the Dudley home located at 15510 Leisure Drive in Dade County and to install new windows in the existing structure. According to the terms of the agreement, Team Leisure was to do "no painting." In his capacity as President of Team Leisure Corp., Gold hired William Sernaker to directly oversee the completion of the construction work specified in the Dudley contract. At the time, Sernaker was licensed as a general contractor in Dade County. As part of his arrangement with Gold, Sernaker assumed responsibility for ensuring that all work permits and inspections necessary to complete the Dudley project were obtained. On September 4, 1986, Sernaker obtained a building permit for the Dudley project. Thereafter, work on the project commenced. The foundation for the addition was laid and, on September 10, 1989, it passed the inspection of James Tucker, a Dade County building inspector. Fifteen days later, Tucker conducted a tie beam inspection. This phase of the project also received his formal approval. Sernaker obtained a roofing permit on October 14, 1986. The exterior of the roof was inspected by Russell Bergsma, another Dade County building inspector, on October 21, 1986. It too passed inspection. An electrical permit was obtained for the Dudley project on November 17, 1986, by Robins Electric, a subcontractor. When the electrical work was initially inspected by Grant Morse, another Dade County building inspector, it was rejected because there were a "few outlets missing." The record is unclear as to the results of any subsequent electrical inspections. Morse also conducted an inspection of the framing work done on the Dudley project. He did so on or around November 21, 1986. In his view, the framing was "not to code." Accordingly, he left a "tag" at the job site on which he gave the following written explanation for his rejection of the framing work: All window bucks must be tight with caulking, no gaps. When the stucco meets the window frame, it should be set back at approximately a 45-degree angle at a width of one quarter to provide a groove to be filled with caulking. Continuous back bed of caulking must be maintained. A follow-up inspection of the framing work was performed by Bergsma on December 1, 1986. In Bergsma's opinion, while some corrections had been made, deficiencies remained. He therefore issued another rejection. A third framing inspection was conducted on December 3, 1986. Tucker was the inspector who performed this inspection. He approved the work that had been done. Prior to this inspection, Gold had paid another contractor $600 to "redo" the framing. This additional expense was not passed on to the Dudleys. Morse attempted to conduct a final building inspection on December 22, 1989. He was unable to do so, however, because "[n]o one was home." From the outset, Gold kept abreast of the progress that was being made on the Dudley project by communicating with Sernaker. He also visited the job site on at least a weekly basis. Gold also heard from the Dudleys concerning the status of the project. The Dudleys closely monitored the work of Sernaker and his crew. If the work was not done to their satisfaction, they expressed their disapproval to Sernaker and, if he did not rectify the matter, they complained to Gold over the telephone. The following were among the complaints made by the Dudleys: the foundation was not level; the roof did not contain any fiberglass material; the window frames did not fit properly; the wood used for the open beam ceilings had cracks in it and was unsightly; the walls in the den were not level and had cracks in them; the linoleum on the Dudleys' screened-in porch was ripped by workers putting up a wall; the outside stucco was cracking and peeling; and trash was left on the property. An effort was made to address the Dudleys' concerns. For instance, in response to the Dudleys' complaints, a "thin cap" was placed over the foundation to make it level. The roof was redone with fiberglass material. The Dudleys were reimbursed for the linoleum they needed to replace on their porch. A contractor was hired to correct the framing problem. Nonetheless, the Dudleys became increasingly dissatisfied with Team Leisure Corp.. Sometime shortly before January 6, 1987, they became so dissatisfied that they ordered Sernaker and his crew off their property and refused to make any additional payments. Following this incident, Gold met with the Dudleys and attempted to mollify them. This was his first face-to-face meeting with them. He offered to send another contractor to the Dudleys' home to perform the work the Dudleys believed needed to be done to satisfactorily complete the project. The Dudleys accepted this offer. On January 6, 1987, Gold sent the Dudleys a letter which read as follows: As per our mutual agreement, these are the items you requested be taken care of. Once taken care of, you agree to sign completion certificate so we can be funded. COMPLETED (please check upon satisfaction) 1.) Touch up outside windows. 2.) Windows to be locked in. 3.) Walls in den to be taken down and leveled out. 4.) Frame around closet door. 5.) Fix two windows; replace concrete in doors and windows. 6.) Clean up. 7.) Replace vinyl, in rear den. 8.) $100.00 dollars to Mrs. Dudley, for clean-up. 9.) 10 year guarantee- roof and release of lien [sic]. 10.) Concrete over build. 11.) Crack under window sill. 12.) Nail in door frame. 13.) Gaps in drywall bedroom. 14.) Stucco cracking outside. 15.) Electrical inspection. (not to be Mike Charles.) Accepted and Approved: x x After receiving this letter, Mr. Dudley checked all but items 2, 5, 6, 8, and 9 on the letter's "completion certificate." Neither he nor his wife, however, signed this "completion certificate." Although the cracks in the outside stucco had been repaired at the time Dudley checked item 14, the stucco subsequently started cracking again. A final building inspection of the Dudley project was conducted by Tucker on January 13, 1989. The project was "turned down" by Inspector Tucker because it was unpainted. Under their contractual agreement, the Dudleys, not Team Leisure Corp., were responsible for the painting of the project. The painting was not done because the Dudleys noticed cracks reappearing in the outside stucco. On or around March 4, 1987, Mr. Dudley telephoned Inspector Bergsma and asked him to conduct an informal field inspection of the project. Bergsma complied with Dudley's request. When he arrived at the Dudley home, Dudley showed him a "gap on the rear of the house ... where the two roofs are at different levels and come together." Bergsma told Dudley that "[i]t didn't belong there" and that it would have to be eliminated if the structure was to pass a final building inspection. As of the date of the hearing, the structure had not passed such an inspection. Team Leisure Corp. received $10,200 for the work done in connection with the Dudley project. The remaining $1,800 of the $12,000 that the Dudleys were to pay pursuant to the contract was held in escrow by a bank. Ultimately, this $1,800, along with approximately an additional $500 from Team Leisure Corp., was given to the Dudleys as part of a settlement between them and Team Leisure Corp.. The money was to be used by the Dudleys to pay another contractor to complete the project to their satisfaction.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Construction Industry Licensing Board enter a final order (1) finding Respondent guilty of contracting outside the scope of his license in violation of Section 489.129(1) (j) , Florida Statutes; (2) imposing a $750 administrative fine upon Respondent for said violation, and (3) dismissing the remaining charges against Respondent set forth in the instant administrative complaint. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th day of May, 1989. STUART M. LERNER 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 30th day of May, 1989. COPIES FURNISHED: Elizabeth Alsobrook, Esquire Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 323399-0792 Fred Seely Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Carlos Garcia, Esquire 8603 Dixie Highway Suite 400 Miami, Florida 33143 =================================================================

Florida Laws (8) 120.5717.001489.105489.115489.117489.119489.12990.202
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