Findings Of Fact Respondent, Susan Shilling Howell, was first licensed as a registered building contractor in Florida in October, 1981. License Number RB 0040698 was issued to her, qualifying M. B. Howell Homes, located at 2601 Dale Avenue, Panama City Beach, Florida, 32404. This license expired on June 30, 1983 and no address changes were made to the records pertinent to it during period of activity, nor has it been renewed since it expired. On March 23, 1983, William Carrier and J. Paula Carrier, his wife, entered into a contract with Respondent and her husband, M. B. Howell, to purchase a house, constructed by their company, located in Bay County, Florida. Closing was scheduled for some time in April, 1983, but because the house was not completed sufficiently to satisfy the Carriers, the closing was delayed and they did not move in until sometime in June, 1983. Even at that point, there remained a substantial list of discrepancies which required correction by the builder. These included such things as: a badly poured driveway - this was replaced by Respondent once, but when found to be still unsatisfactory, Respondent refused to correct. poor interior painting, poor exterior painting, and a damaged tub in the bathroom. Mr. Carrier contacted Respondent regarding these discrepancies right after he moved in. Both Respondent and her husband, the actual builder, came to the house and looked at the items and while a few of the minor discrepancies were corrected, the major ones were not. In Carrier's estimation, 80 percent of the problems were not fixed. Though he asked Respondent to come back and fix the items several times, with the last request by letter dated October 18, 1983, no one did and on November 14, 1983, he asked another contractor to come in and make the necessary repairs. During all this time, Respondent and M. B. Howell Homes were using the address, 126 Rose Coral Drive, (their home), as their place of business. On January 12, 1984, Respondent went to the Bay County Building Office and purchased a building permit in the name of M. B. Howell Homes, listing herself as contractor and her expired license on the application form along with the address, 126 Rose Coral Drive, as the business address. Permit Number 9472 was issued. This entire transaction was observed by Elizabeth O'Connor, a permit clerk, who recognized Respondent as the applicant. Thereafter, on March 15, 1984, Respondent again applied for a building permit for M. B. Howell Homes, at the same office, this time dealing directly with Ms. O'Connor. Again she listed her expired license number and the above address on the application form and was issued permit 9733. On both occasions, her license had expired and had not been renewed and she made no mention of the fact that the license was delinquent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that, the registration of Respondent, SUSAN SHILLING HOWELL, as a registered building contractor in Florida be revoked. RECOMMENDED in Tallahassee, Florida, this 8th day of March, 1985. ARNOLD H. POLLOCK 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 8th day of March, 1985. COPIES FURNISHED: W. Douglas Beason, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 James Linnan, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32202 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Susan Shilling Howell 126 Rose Coral Drive Panama City Beach, Florida 32407
Findings Of Fact Harold E. Herman was terminated from his job as General Building Inspector with Pasco County in 1983. At the time of his dismissal he was 58 years old. Herman had worked as a Building Inspector in the Pasco County Building Inspection Department for approximately ten years. He was Chief Building Inspector until his demotion to General Inspector in 1982. Joseph T. Rachel was terminated from his job as General Building Inspector with Pasco County at the same time or about the same time Herman was dismissed. Both Herman and Rachel had been hired by the Pasco County Building Department at the same time (Exhibit 2). At the time of his termination Rachel was 61 years old and in good health. No evidence was presented that either Petitioner was physically unable to adequately carry out the duties of a building inspector. Both Herman and Rachel were combined inspectors deemed qualified to inspect construction and mechanical on residential construction. On commercial construction combined inspectors are not used and each inspector inspects only the construction aspect for which he is primarily qualified such as plumbing, electrical, construction, etc. At or about the same time these Petitioners were dismissed another inspector, Connell, was also terminated. Connell was 36 years old at the time of his dismissal (Exhibit 2). Subsequent to the dismissal of these two Petitioners seven people have been hired by the Pasco County Building Department ranging in age at the time of hiring from 47 to 63 years old (Exhibit 1). Only one employee in this department is less than 40 years old and the average age of Pasco County Building Inspectors is in the mid-50's. In the summer of 1983 the manager of the Dade City building office received complaints from owners of recently built homes in a subdivision known as Southlake near Land O'Lakes. Twenty-one of these houses were subsequently reinspected by a different inspector in the building department and code violations were found on 17 of the homes inspected. The violations ranged from improperly installed tie-downs to removal of strength members in framing and trusses. Seven of the homes in which code violations were found were inspected by Rachel and two were inspected by Herman. Others presumably were inspected by Connell, who was fired as the result of this same investigation. Petitioners attempted to show that the persons conducting the investigations of code violations were not competent building inspectors and that code violations were overlooked on other homes. This evidence is not relevant to these proceedings as it is not related to Petitioners' ages.
Findings Of Fact Respondent, Albert J. Ruocco, is licensed as a registered building contractor in the State of Florida, holding license number RB00030112. His last address in the Department's file is 604 Citrus Court, Melbourne Beach, Florida 32951. Sometime prior to the date of the administrative complaint, the Department received a complaint from Mrs. Dale Normington that Ruocco told her he had obtained a termite treatment for the addition he constructed on her home, but that no treatment was done. DPR investigator, John Allen, told Mrs. Normington to send her back-up information. John Allen received in the mail a copy of the purported contract between the Normingtons and Rivers Edge Construction Company, Inc., Ruocco's Company. He also received a series of cancelled checks and a copy of a letter purportedly sent by the Normingtons to Albert Ruocco. John Allen checked the Department's licensing files and obtained the licensing information on Ruocco. He also personally served the Administrative Complaint on Ruocco, but did not, to the best of his recollection, discuss the complaint with him or have any other contact with him. Ruocco never responded to any investigative correspondence. Douglas Vanderpoest, owner of Slug-A-Bug, a pest control company, established that his company never treated the addition to the Normington resident. Brevard County Building Inspector, Howard Stott, knows Albert Ruocco and is familiar with the addition Ruocco installed for the Normingtons in 1985. A permit was obtained and Stott performed three inspections, including the slab, pre-lath and final on the addition. Brevard County requires evidence of termite treatment of soil for any new construction or modifications to an existing structure. The practice is usually for the inspector to require a receipt or evidence of treatment prior to approving the slab. Stott does not remember whether he required the evidence on the Normington job. The permit in those days did not have a space to indicate the termite treatment. However, Stott did approve the slab, as noted on the permit.
Recommendation Based on the foregoing, it is, hereby RECOMMENDED: That the Administrative Complaint dated November 2, 1987, be dismissed. DONE and RECOMMENDED this 20th day of May, 1988, in Tallahassee, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of May, 1988. COPIES FURNISHED: David E. Bryant, Esquire Bryant, Reeves & Deer 220 East Madison Street Suite 530 Tampa, Florida 33602 Albert J. Ruocco 604 Citrus Court Melbourne Beach, Florida 32951 Fred Seely, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32201 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact At all times material hereto, Respondent has been a registered roofing contractor having been issued License No. RC 0041149. Respondent's address of record is Miami, Florida. The Dade County Construction Trades Qualifying Board is authorized to discipline tradesmen and contractors in Dade County, Florida. By letter dated September 17, 1986, the Metropolitan Dade County, Florida, Building & Zoning Department advised Respondent that a formal hearing would be held before the Dade County Construction Trades Qualifying Board on 35 charges arising out of Respondent's roofing and painting activities. A formal hearing was conducted on November 13, 1986, at which time 24 of the 35 charges were dismissed, and the formal hearing was continued. By letter dated January 21, 1987, the Metropolitan Dade County, Florida, Building & Zoning Department advised Respondent that the continuation of his formal hearing would be held on February 12, 1987, at which time 4 additional charges, enumerated in that letter, would also be heard. At the conclusion of the formal hearing on February 12, 1987, 12 more of the charges were dismissed. Out of the total of 39 charges filed against Respondent, Respondent was found guilty of 3 charges. The Construction Trades Qualifying Board ordered that the business and personal certificates of Respondent be revoked and that Respondent be fined a total of $5,000. Respondent was present and had the opportunity to be heard at the formal hearing conducted on November 13, 1986, and on February 12, 1987. After Respondent was advised of the disciplinary action imposed by the Construction Trades Qualifying Board, he paid the fine imposed upon him. He also made restitution to the two homeowners involved. One of the homeowners was complaining about a leak in the roof that Respondent had installed. Respondent gave the homeowner another new roof at no cost. The other homeowner had refused to pay for the installation of the roof, and Respondent had placed a lien against the property. Respondent cancelled the lien on the property so that that homeowner received the new roof for free. Respondent's licenses were reinstated by the Dade County Construction Trades Qualifying Board, and Respondent remains in good standing with that local agency. Respondent has been previously disciplined by the Florida Construction Industry Licensing Board as a result of an informal proceeding held on January 9, 1986. The final order from that proceeding assessed a $250 fine against Respondent.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered finding Respondent guilty of the allegations contained in the Administrative Complaint filed herein and imposing against him an administrative fine in the amount of $500 to be paid by a date certain. DONE and RECOMMENDED this 29th day of February, 1988, at Tallahassee, Florida. LINDA M. RIGOT, 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 29th day of February, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-3892 Petitioner's proposed finding of fact numbered 1 has been rejected as not constituting a finding of fact but rather as constituting a conclusion of law. The remainder of Petitioner's proposed findings of fact have been adopted either verbatim or in substance in this Recommended Order. Respondent's proposed findings of fact are contained in a letter which, essentially, is simply an attempt to reargue the facts underlying the local disciplinary action and to establish the fact that he is an excellent roofer. Only those sentences which relate to the restitution made to the two customers by giving them free roofs have been adopted in this Recommended Order, and the remainder of the sentences have been rejected as being irrelevant to the issue involved in this proceeding. COPIES FURNISHED: Fred Seely, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Jonathan Ring, Esquire Peter Fleitman, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Louis Gordon 14870 Southwest 205th Avenue Miami, Florida 33187 William O'Neil, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Whether respondent on several occasions aided an unlicensed contractor to engage in contracting by obtaining permits on respondent's license for contracting jobs performed by the unlicensed contractor; Whether respondent committed the statutory violations alleged; and If so, whether respondent's license should be suspended or revoked, or whether some other penalty should be imposed.
Findings Of Fact At all times material to the Administrative Complaint, respondent was a certified general contractor in Florida holding License No. CG C000572. Johnnie T. Thomas is the president of J. T. Thomas Construction Company. Mr. Thomas is not a licensed contractor in the State of Florida. Although respondent has used his license to qualify several corporations, the last being Julius Isaac & Association, Inc., respondent never qualified J. T. Thomas Construction Company. Indeed, J. T. Thomas Construction has never been qualified by any licensee. During the time period relevant to this action, J. T. Thomas Construction Company was the name used by Mr. Thomas to engage in the contracting business. On July 25, 1983, J. T. Thomas Construction Company contracted with Hazel N. Jones for the construction of a residence at 11729 Rock Hill Road, Thonotosassa, Florida, in Hillsborough County. Johnnie Thomas signed the contract on behalf of J. T. Thomas Construction Company as "President and Builder." Ms. Jones did not know that Mr. Thomas was unlicensed. James Montjoy drew the plans for the house and recommended Thomas as the builder. The total price for the house was $75,500. The house was started in September of 1983, and on January 30, 1984 final payment was made. After moving into the house, Ms. Jones discovered several problems. In June of 1984 an energy check found that the home was not properly insulated; however, this was apparently corrected in May of 1985. Ms. Jones had several other problems with the home and sent a "punch-list" to Mr. Thomas setting forth the items that needed to be corrected. Although Mr. Thomas admitted at the hearing that there were items that should have been corrected on the punch-list, he also admitted that he did not correct them because he disputed other claims of Ms. Jones. The building permit application for Ms. Jones' home was signed by the respondent. On the building permit application, the contractor was listed as Julius Isaac and Association, Inc. The building permit was issued on August 15, 1983. It listed Julius H. Isaac and Julius Isaac and Association, Inc. as the contractor. The building permit was signed by Julius H. Isaac as agent. Ms. Jones never met Mr. Isaac, never saw him and never knew that he was involved in any way in the construction of her home. In late 1984, Ms. Catherine Farragut, the owner of a building located at 1704 North Nebraska Avenue, Tampa, Florida, contracted with J. T. Thomas to have her building remodeled. Ms. Jones recommended Mr. Thomas to Ms. Farragut before Ms. Jones began to experience problems with Mr. Thomas. Ms. Farragut was not aware that Mr. Thomas was not a licensed contractor. The remodeling of the building was completed in early 1985. The permit for the interior remodeling of the offices at 1704 North Nebraska Avenue was issued on July 23, 1984 to Julius Isaac & Association. Ms. Farragut did see Isaac at the job site in the central parking area; however, Mr. Thomas never advised Ms. Farragut that respondent was involved with the project. On August 20, 1985 J. T. Thomas Construction Company contracted with Evelyn S. Williams to construct a residence at 3620 East North Bay Street, Tampa, Florida. The contract price for the home was 66,000 and payments by check were made to Johnnie Thomas in intervals. Construction on the home began in November 1985. Ms. Williams moved into the home in August of 1986. She discovered some problems with the house, and gave Mr. Thomas a list of the items that needed to be corrected. Mr. Thomas corrected all the items but one. Ms. Williams still has a problem with the roof getting moldy due to water retention. A permit was issued by the City of Tampa Building Department on November 20, 1985, for construction at 3620 East North Bay Street. The permit was issued to Julius Isaac and the contractor of record is stated as Julius Isaac d/b/a Julius Isaac & Associates. Ms. Williams never met Mr. Isaac or saw him; however, Ms. Williams did not go to the job site during construction since the mortgage company was supposed to periodically inspect the house during construction. Ms. Williams was not aware that Mr. Thomas was unlicensed. On August 28, 1986, J. T. Thomas Construction Company entered into a written contract with Ms. Verlie Nelson to construct a residence at 8105 Jad Drive for a price of $102,560. Ms. Nelson thought that Mr. Thomas was a licensed contractor. She never saw Mr. Isaac at the job site, however, she was rarely there because Sun Coast Federal Credit Union was paid to do the inspections. On October 16, 1986, respondent applied for a building permit for 8105 Jad Drive. John and Augusta Thomas were listed as the owners and Julius Isaac & Association, Inc., was listed as the general contractor for the project. On November 7, 1986, the permit was issued by the Hillsborough County Building Department. Julius H. Isaac was listed as the applicant and contractor. John and Augusta Thomas were listed as the owners of the property at 8105 Jad Drive. Mr. Thomas admitted that J. T. Thomas Construction Company built the homes for Ms. Jones, Ms. Nelson and Ms. Williams, and did the renovation on the building owned by Ms. Farragut. Mr. Thomas received the payments for the projects, hired and paid the subcontractors and supervised construction. He also managed the daily affairs of J. T. Thomas Construction Company. J. T. Thomas Construction Company was formed in 1971 under the name Thomas (J. T.) Construction Company. However, the company, as a corporate entity, was dissolved by proclamation in 1973. J. T. Thomas' brother Leslie was the secretary of the corporation and a licensed contractor. He obtained the building permits for the company until be became ill. Thereafter, respondent obtained the building permits for J. T. Thomas Construction Company. Respondent knew that Mr. Thomas was not licensed and could not get the permits himself. Respondent is not a salaried employee of J. T. Thomas Construction Company, and he received no compensation for his services although he was reimbursed for the actual cost of obtaining the permits. Other than obtaining the permits, respondent's only connection with Mr. Thomas' construction projects was to visit job sites before inspections or go to a site if Mr. Thomas asked for his help with a construction problem. However, there was no competent evidence establishing that respondent ever went to the particular job sites involved in this case. Respondent had no responsibilities in connection with the projects and had no authority to take any actions. In essence, respondent was simply "helping" a long time friend. Respondent has been licensed since 1968, and there was no evidence presented of any prior violations or any prior complaints.
Recommendation Based on 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 the act set forth in Section 489.129(e), Florida Statutes, and imposing an administrative fine of $1,500. DONE AND ENTERED this 27th day of May, 1988, in Tallahassee, Florida. DIANE A. GRUBBS 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 27th day of May, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-5586 Rulings on petitioner's proposed findings of fact by paragraph: 1-8 Accepted generally. COPIES FURNISHED: David L. Swanson, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Julius H. Isaac 421 Ella Mae Avenue Tampa, Florida 33602 Fred Seely Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 William O'Neil Stephen F. Hanlon, Esquire General Counsel BARNETT, BOLT & KIRKWOOD Department of Professional Post Office Box 3287 Regulation 100 Twiggs Street 130 North Monroe Street Sixth Floor Tallahassee, Florida 32399-0750 Tampa, Florida 33602
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, the following relevant facts are found: At all times material hereto, Respondent was a licensed contractor in Florida having been issued license no. CBC013872. On or about September 4, 1987, Respondent was disciplined by the local government, Hillsborough County Building Department, and his permitting privileges were suspended in Hillsborough County for violation of local ordinance 86-6 respecting his failure to pay bills incurred on a church project which he undertook and for engaging in construction work which failed to comply with the local building code. Respondent did not testify and did not dispute any of the allegations contained in the administrative complaint.
