Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, I hereby make the following findings of fact: Respondent is, and has been at all times material hereto, a certified building contractor, a registered mechanical contractor and a certified air conditioning contractor in the state of Florida having been issued license numbers CB-CA09793, RM-0031246 and CA-C024348, respectively. At all times material hereto, Respondent's building contractor and air conditioning contractor licenses qualified George E. Bonsino and Associates, Inc., Jacksonville, Florida. In February 1984, Respondent contracted with Carl and Patricia Powers of 4530 Victor Street, Jacksonville, Florida for the construction of a room addition. The contract was presented to the Powers by Peter Stamires. Mr. Stamires was, at the time, acting as sales manager for George E. Longino and Associates, Inc. The contract price was approximately $13,000.00 and construction of the Powers' room addition was estimated to be completed by March 30, 1984. On March 20, 1984 Respondent received from Carl and Patricia Powers a payment of $6,850.00 on the contract. On May 4, 1984 Respondent received from Carl and Patricia Powers an additional payment of $5,000.00 on the contract. The contract called for a "dry-in room" only, i.e., the room was to be put to a stage where water would not penetrate it. The contract also included: (1) covering the existing asbestos shingles with a cut brick and stone veneer; (2) the installation of aluminum windows; (3) the installation of aluminum gables and eaves; (4) re-roofing the entire home; and (5) the installation of overhead lights, light switches and electrical outlets. Respondent's contract with the Powers contemplated that electrical work would be done, but did not include any plumbing. Respondent sub-contracted the Powers' project to two (2) individuals, Mr. Walker and Mr. Todd. Respondent did not know what type of license Mr. Walker or Mr. Todd held and was never shown a license by either individual. Mr. Walker agreed to obtain permits for the Powers' project, to submit building plans and specifications, and to request the mandatory building inspections. Neither the Respondent nor the sub-contractors obtained a City of Jacksonville building permit prior to commencing construction of the Powers' room addition. Neither Respondent nor the sub-contractors submitted building plans and specifications for approval by the, City of Jacksonville Building Department prior to commencing construction at the Powers' residence as required. Neither Respondent nor the sub-contractors requested the City of Jacksonville Building Department to perform any type of building inspections during the process of construction, as required. On June 11, 1984 Respondent obtained building permit no. 7048 from the City of Jacksonville Building and Zoning Inspection Division for the Powers' project. Shortly after construction commenced, the Powers became concerned with the quality of work being performed. Respondent, while at the project site near the end of March, told Mr. Powers that a building permit had been obtained for the project. However, at that time, no building permit had been obtained. Mr. Theron Brannan, a building inspector for the City of Jacksonville, became involved with the Powers' case when Mrs. Powers called in May 1984 and complained about ;he work being performed by Respondent. Mr. Brannan checked and found that no permit had been issued. He then went out and inspected the construction site. Mr. Brannan found that the walls were approximately 3 or 4 inches out of alignment and that the floor was spongy and needed repair. Major work would have been required to straighten the walls. In Mr. Brannan's opinion, the work was well below average and was of very poor quality. Electrical and plumbing work was performed at the Powers' project site. Ten (10) electrical outlets, six (6) overhead lights and six (6) light switches were installed. The electrical work also included a 220 volt outlet for a clothes dryer. Mrs. Powers is a housewife and was present during the time the electrical work was performed. The individual performing the electrical work told Ms. Powers that he worked for Respondent and was being paid on an hourly basis. The plumbing work performed at the Powers' project included: (1) installation of hot and cold water lines for the bathroom sink, which were tied into the existing water supply; (2) a water line to the toilet, and (3) a drain pipe from the toilet to the existing septic tank. The individual performing the plumbing work told Ms. Powers that he worked for Respondent on an hourly basis and that he was a licensed plumber. When Respondent was advised of the problems at the construction site, he immediately obtained the necessary permits and offered to correct some of the building problems. The Powers refused Respondent's offer to correct the problems because they were concerned as to whether the remedial measures proposed by Respondent were actually feasible. From an appearance standpoint, the measures contemplated by Respondent were not feasible. In April 1984, Respondent contracted with Glenn and Debora Blanchard of 521 Astral Avenue, Jacksonville, Florida for the construction of a room addition. The total contract price was $6,780.00. Respondent received $3,390.00 as a down payment on the contract; the balance was due upon completion. The contract called for the construction of a room addition between the existing home and the garage. The room addition was to be completed to the "dry-in" stage only. The contract also included re-roofing the entire residence. The Respondent sub contracted the Blanchard project to a person by the name of A. Rhoden. Mr. Rhoden agreed to obtain all permits, draw all plans and specifications and obtain all required inspections with the exception of the roofing aspects of the project. Neither Respondent nor the sub-contractor obtain ed a building permit prior to commencing construction at the Blanchard's residence as required. Neither Respondent nor the sub-contractor submitted building plans and specifications to the City of Jacksonville Building Department prior to commencing construction. Neither Respondent nor the sub-contractor requested the building department perform any type of building inspections during the process of construction In May 1984, Ms. Blanchard became concerned because the concrete slab appeared uneven and had developed a crack. She contacted the City of Jacksonville Building Department because she was concerned with the quality of the work being performed. On May 30, 1984 the City of Jacksonville Building Department and Zoning Inspection Division issued a stop work order on construction work being performed at the Blanchard residence. The Notice of Violation cited the failure to submit building plans and failure to obtain a building permit prior to commencing construction at the project site. On June 11, 1984 Respondent obtained building permit no. 7047 from the City of Jacksonville Building and Zoning Inspection Division for the construction work at the Blanchard residence. Such Permit was obtained after commencement of the project. Shortly after commencement of construction, Respondent met with Mr. Blanchard at the project site to discuss a few changes to the original plans. In late April, 1984, Respondent told Mr. Blanchard that a building permit had been obtained, when in fact, no building permit had been obtained. Respondent told Mr. Blanchard that the permit needed to be kept at his office. The construction of the room addition included the forming and pouring of a monolithic slab. The City building department inspects the excavation of the slab prior to the pouring of concrete. A tie-beam inspection is required after the foundation is poured and the masonry walls are erected. Neither inspection was performed nor requested. The Respondent told Mrs. Blanchard that two (2) inspectors had inspected the property, when in fact no inspectors had inspected the property because no building permit had been applied for at the time Respondent made such statement. Unless a building permit is obtained, the City is generally not aware that a construction project is being undertaken and, therefore, does not conduct building inspections. Lewis D. Franks, an expert in residential construction inspected the work done at the Blanchard's home on behalf of the City of Jacksonville Building Department. Several problems existed in regard to the Blanchard project. There was a large crack in the concrete which resulted from the settling of the southeast corner of the building. The settling of the southeast corner resulted from either an inadequate footing or none at all. Also, the roof rafters were not centered properly and were about fourteen (14) feet off. The Blanchard project was of very poor workmanship, the construction was not structurally sound, and the project failed in several respects to meet requirements of the City of Jacksonville Building Code. When Respondent found out that no permit had been obtained he promptly drew up plans and specifications and obtained a permit from the City of Jacksonville Building Department. The Blanchards, thereafter, refused to allow Respondent to continue working on the project. The roofing portion of the Blanchard project was sub- contracted by Respondent to Richard Davenport. Mr. Davenport holds a state license as a roofing contractor and a local occupational license. Mr. Davenport's sub-contract called for him to tear off the existing roof, carry off the rotten wood and put on a new roof. Respondent was not satisfied with the roofing job done by Mr. Davenport and failed to pay him for such roofing job. Thereafter, Mr. Davenport demanded payment from the Blanchards but they also refused to pay him. Mr. Davenport filed a Claim of Lien against the Blanchards' property. However, the Blanchards hired an attorney and the Claim of Lien was dismissed. Respondent's failure to pay Mr. Davenport was based on his good faith belief that the roofing job was not done in a satisfactory manner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondent be found guilty of failing to supervise the construction activities of the company which he qualified and incompetence in the practice of contracting as alleged in Count One of the Amended Administrative Complaint. It is further recommended that all other alleged violations contained in Count One of the Amended Administrative Complaint be dismissed. That Respondent be found guilty of failing to supervise the construction activities of the company which he qualified and incompetence in the practice of contracting as alleged in Count Two of the Amended Administrative Complaint. It is further recommended that all other alleged violations contained in Count Two of the Amended Administrative Complaint be dismissed. That Count Three of the Amended Administrative Complaint be dismissed, the Petitioner failing to introduce any evidence in regard to Count Three and requesting that it be dismissed. It is further RECOMMENDED that Respondent's building contractor's license be suspended for a period of 6 months and that an administrative fine in the amount of $500.00 be assessed. DONE and ORDERED this 30th day of October, 1985 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON 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 October, 1985.
Findings Of Fact Respondent, Eugene Amrhein, is a certified roofing contractor, license number CC C020238, and was the qualifying agent for Knight Roofing, Inc. at all times relevant to these cases. On or about December 16, 1982, Respondent, conducting business through Knight Roofing Inc., contracted with Evelyn Nickerson for reroofing of a home at 707 N.E. 7th Street, Fort Lauderdale, Florida for a contract price of $1,485. She gave Respondent a downpayment of $785, and upon completion of the project paid the balance of $700. Respondent commenced work on the project without obtaining a permit, as required by Section 301.1(k), South Florida Building Code. Respondent also failed to obtain an inspection as required by Section 305.2(a), of this code. On or about March 10, 1981, Respondent conducting business through Knight Roofing, Inc., contracted with Judevilla Geria for the rebuilding of an existing flat tile roof for a contract price of $4,100. Respondent did not obtain the required building permit, in violation of Section 301.1(k), South Florida Building Code. Respondent did not perform the work contracted in that only a coat of paint was applied. He failed to rebuild the existing roof by recementing each tile, replacing rotten lumber, soffitt and fascia, nor did he replace approximately 50 tiles as required by the contract. However, Respondent has honored his warranty to Geria to the extent of repairing four leaks that developed subsequent to the work. On or about June 29, 1982 Respondent contracted with Golda Oxenberg to waterproof a roof at 3253 Foxcroft Road, Miramar, Florida. The contract price was $1,000. The project was completed and Respondent was paid in full. The Respondent violated Section 301.1(k), South Florida Building Code by failing to obtain a permit for this project. On or about August 22, 1983, Knight Roofing Inc., contracted with Joseph Castellano to repair the roof of a home at 1215 1st Street, Indian Rocks Beach, Florida. The contract price was $600, and included a two-year warranty. At no time was a licensed roofer present at the job site. David Ness, then an unlicensed individual, contracted for the work, performed the work, and received the payments. At no time did the Respondent supervise the work on the Castellano home. After completion, the roof began to leak. Respondent has not repaired the leak, despite his warranty. Respondent violated Section 108.2(d), Standard Building Code (adopted by Indian Rocks Beach Ordinance 291) by failing to obtain required inspections. However, no evidence was presented to show that Respondent violated Section 108.2(b), Standard Building Code, since a permit was obtained. Respondent has moved, but failed to notify the Construction Board of his new address as required by Rule 21E- 15.07, F.A.C. On March 7, 1984, Respondent contracted with Ralph Huff for roofing work at 3210 N.E. 9th Avenue, Pompano Beach, Florida. The contract price was $5,725, and the work was completed. Respondent admitted at hearing that he failed to follow up on his warranty agreement. Respondent did not violate Section 305.2(a), South Florida Building Code since a final inspection was obtained on October 25, 1984.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order revoking Respondent's license. DONE and ENTERED this 25th day of June, 1985 in Tallahassee, Florida. R. T. CARPENTER 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 June, 1985. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 William F. Beggs, Esquire BEGGS and VECCHIO 3012 East Commercial Boulevard Fort Lauderdale, Florida 33308 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee Florida 32301 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville Florida 32202
Findings Of Fact The Respondent is a registered roofing contractor, having been issued license number RC 0034898. He operates a business known as B & P Roofing at 244 Tollgate Trail, Longwood, Florida. The Respondent has appropriately qualified the business name of "B & P Roofing" with the Petitioner. The Petitioner is an agency of the State of Florida charged with enforcing the provisions of Chapter 489, Florida Statutes, with regard to licensure of building contractors, the regulation of their licensure status and methods of operation and practice. During June of 1981, the Respondent, doing business as B & P Roofing, contracted to perform a re-roofing job with Mr. Jack Mewhirter, whereby he was to put a new roof on a residence at 137 Variety Tree Circle, Altamonte Springs, Florida. The construction of the roof was contracted for and completed during June, 1981. The Respondent failed to obtain a building permit before or during construction of the roof and also failed to obtain a final inspection of the roof when it was finished in June, 1981. The Respondent's testimony establishes that the Respondent was familiar with the building code adopted in Seminole County and familiar with the requirement that he was responsible as the contractor, to obtain a permit before commencing construction of the roof and that he was also responsible for obtaining a final inspection by the Seminole County Building Official. In response to a complaint from Mr. Mewhirter, the owner of the residence, the Seminole County Building Officials, Mr. Flippent and Mr. Del'Attibeaudierer became aware that no building permit had been obtained for the re-roofing job and that no final inspection had been obtained pursuant thereto. Accordingly, Mr. Del'Attibeaudierer inspected the roof in November, 1981, and Mr. Flippent informed the Respondent of the necessity to obtain a building permit and a final inspection. Thus, on November 10, 1981, the Respondent obtained the building permit and called for the final inspection. Mr. Del'Attibeaudierer was unable to sign the final inspection document as "satisfactory" because he was unable to adequately inspect the roof once it was finished. He had been unable to inspect the method by which it was installed during its construction due to the Respondent failing to inform him or his superiors that the roof was under construction and that inspections were needed at that time. hen the Respondent entered into the contract with Mr. Mewhirter, he informed Mr. Mewhirter that he would not obtain a building permit because that would "drive the cost up." The Respondent, in his testimony, denied that he made such a statement, but Mr. Mewhirter's testimony is here found more credible because of the facts established by Mr. Del'Attibeaudierer's testimony that a random check of the roof after he finally was able to inspect it in November, 1981, revealed that all the shingles he examined were nailed with only three nails and were nailed too high up near the upper edge of the shingle, which is a substandard method of installing the roof and which permits storm winds or rain to raise the shingles, causing possible damage to the roof. The fact that the roof was installed in this fashion and that fact that the Respondent admittedly knew of the requirements of the building code and the requirement that a permit be obtained and inspections be made during the course of and at the conclusion of the job, indicated that the Respondent was knowingly trying to avoid the necessity of obtaining a permit and a final inspection and thus lends sufficient credibility to Mr. Mewhirter's testimony regarding the reason the Respondent obtained no permit. In any event, the roof was shown to not be constructed in accordance with the building code. In summary, it was established that the Respondent knew of the appropriate building code, was thoroughly familiar with it and and indeed had installed an excess of seven hundred roofs since he entered the business. He was aware, in connection with the need for obtaining a building permit, that he should also obtain inspections during the construction and a final inspection when the roof was finished, which he failed to do until reminded of his violation by the building department five months after the roof was completed, at which time it was too late to perform the appropriate inspections. Thus, the roof could not be approved by the building department of Seminole County. The Respondent admitted to only being present on the subject job site for approximately an hour and a half during the entire construction of the roof and he admittedly did not bother to look to see if a permit was on the job site at that time, or any other time. Finally, although the Respondent remonstrated that his failure to get a building permit at the appropriate time was inadvertent and due to his assumption that other office personnel had taken care of the obtaining of the permit, that testimony is not found to be credible since it was established, through the testimony of Mr.. Mewhirter, that the Respondent consciously decided not to obtain a permit prior to starting construction of the roof.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence in the record and the candor and demeanor of the witnesses and the pleadings and arguments of the parties, it is, therefore RECOMMENDED: That the Respondent, George G. Vincent, be found guilty of the charges contained in Counts I and II of the Administrative Complaint and that an administrative fine of $1,000 be imposed. DONE and ENTERED this 23rd day of February, 1983, in Tallahassee, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of February, 1983. COPIES FURNISHED: John O. Williams, Esquire 547 North Monroe Street Suite 204 Tallahassee, Florida 32301 Gary Siegel, Esquire 292 U.S. Highway 17-92 P.O. Drawer 965 Fern Park, Florida 32730 James A. Linnan, Executive Director Construction Industry Licensing Board P.O. Box 2 Jacksonville, Florida 32202 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DEPARTMENT OF PROFESSIONAL REGULATION, Petitioner, v. DPR Case No. 0017669 DOAH Case No. 82-1341 GEORGE C. VINCENT B & P Roofing RC 0034898 244 Tollgate Trail Longwood, Florida 32750, Respondent. /
The Issue Whether Petitioner is entitled to be certified by endorsement as a standard building inspector.
Findings Of Fact Respondent is the agency of the State of Florida that certifies standard building inspectors pursuant to the provisions of Part XII of Chapter 468, Florida Statutes (consisting of Sections 468.601 - 468.633). By application dated November 7, 1996, Petitioner applied for certification as a building inspector. This application contemplated that Petitioner would sit for the certification examination. Respondent determined that Petitioner was qualified to sit for the Principles and Practice portion and the Technical portion of the certification examination. Petitioner did not achieve a passing score on the certification examination. Consequently, his application for certification was rejected. By application dated December 22, 1997, Petitioner applied for certification as a building inspector without having to take the licensure examination. This was properly construed by Respondent to be an application for certification by endorsement. Petitioner requested Respondent to waive the certification examination pursuant to the provisions of Section 468.613, Florida Statutes, which provide as follows: The board shall examine other certification of training programs, as applicable, upon submission to the board for the consideration of an application for certification by endorsement. The board shall waive its examination, qualification, education, or training requirements to the extent that such examination, qualification, education, or training requirements are determined by the board to be comparable with those established by the board. By his application dated December 29, 1997, Petitioner sought certification based upon his qualifications1 and upon what his counsel referred to as "substantially equivalent" exams. The "substantially equivalent" exams to which counsel for Petitioner referred were to the examinations Petitioner passed in order to be licensed as a general contractor and as a roofing contractor. Petitioner's application reflects that he passed licensure examinations during 1983 in Broward County and in Dade County in the general contractor category. Petitioner passed a similar examination in Palm Beach County, Florida, in 1986. Part XII of Chapter 468, Florida Statutes, was created by Chapter 93-166, Laws of Florida. Prior to 1993, there was no state-wide certification of building inspectors. There was no evidence as to the contents of the examinations Petitioner passed in 1983 and 1986, and there was no evidence as to the contents of the certification examination administered by Respondent to candidates for certification as building inspectors. Consequently, there is no basis upon which a comparison of these examinations can be made.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner's application for certification by endorsement be denied. DONE AND ENTERED this 21st day of April, 1999, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 21st day of April, 1999.
Findings Of Fact At all times material hereto, Respondent has been a certified air conditioning contractor, holding License No. CAC009065, and has been the qualifying agent for Residential Air Conditioning Corporation (hereinafter "Residential Air") in Miami, Florida. On October 1, 1985, Residential Air entered into a contract with June Davidson to install air conditioning in her mother's house in the City of Miami on a rush basis because of the health needs of the elderly mother and because Davidson needed to return to New York. Residential Air's salesman was told by Davidson that a medical emergency situation existed for the Davidson job. The following notation appears in the comments section of the contract signed on October 1, 1985: "Please rush this job--woman needs a/c for health ... woman going back to New York--mother needs job." In the contract addendum signed on October 2, 1985, it was noted that Davidson was waiving her 3-day rescission rights because of the medical situation in the family and that the air conditioner needed to be installed immediately. Respondent was out of town on vacation at the time and was not scheduled to return for several days. Respondent has done job drawings and pulled permits for the company over its 16 years of existence. It was Respondent's practice to pull all permits necessary to cover the next several weeks before going on vacation. As a special accommodation to the customer in an emergency situation, Richard Vanni, a part-owner of Residential Air with 30 years of experience in air conditioning installation, assembled a crew to install the system for the Davidson job on October 2, 1985. Mr. Vanni assumed that Respondent would pull the permit on a late basis when he returned from vacation. The ordinance adopting the South Florida Building Code in the City of Miami provides for a late fee in the event an application for job permit is filed after the job begins. It was Mr. Vanni's understanding that in rush or emergency situations legitimate contractors could proceed with work and file late for the permit, that this was acceptable to the various municipal building departments in the south Florida area, and that most building departments are fair in the administration of permit laws and allow appropriate latitude to responsible contractors proceeding in good faith. No evidence was presented that Mr. Vanni or Residential Air had any intent to avoid paying a permit fee, including the appropriate late penalty, or to evade final inspection when the job was completed. Respondent, as qualifying agent for Residential Air, regularly procures permits for all of the company's jobs, and the company is a highly responsible air conditioning contractor. Conner Adams, the Chief Mechanical Inspector for the City of Miami, is aware of no code violations or previous late penalties regarding Respondent or Residential Air and recalls no problems of any kind with Respondent or with the company. Respondent's only previous violation of the state contracting laws involved payment to the Department of Professional Regulation of a small stipulated fine to settle a highly technical charge of using the word "company" instead of the word "corporation" on its contract form prepared by its attorney. The air conditioning unit for the Davidson job was installed with a temporary hook-up which was to be followed by an audit inspection by Florida Power & Light Company and an increase in the electrical service by the electrical subcontractor. The increased service was not done because the customer stopped payment on her check and would not let the company back on the premises. When Respondent returned from vacation a few days later, he immediately became immersed in accumulated office problems and the problem created by the Davidson job. He tried to pacify and accommodate Davidson by visiting the premises and proposing compromises. No one called to Respondent's attention the fact that the Davidson job was not yet permitted. Respondent was not focusing on that issue, and with the other problems engrossing him, it simply slipped his mind to inquire or to check. 12. As Respondent explained, it would be absurd for him to intentionally not procure a permit for a job involving electrical service increase or customer problems. Lack of a permit is readily discovered in such instances and may provide an excuse for the customer to try to avoid payment. Mrs. Sylvia Vanni, wife of co-owner Richard Vanni, is and has been the office manager of Residential Air. Her system has been to place pending job orders and contracts into a "3-day rescission file." After the 3-day rescission time has elapsed and payment arrangements have been made, the job orders or contracts are routinely given to Respondent to pull permits for those jobs. Because Respondent was not present when the Davidson job was undertaken, the contract was not then given to him to pull a permit. When the job was started, Mrs. Vanni mistakenly placed the contract into the "jobs in progress" file, and it was never presented to Respondent to pull a permit after he returned from vacation. The electrical subcontractor also did not notify Respondent of the need for a permit. Since the company was not allowed back on the premises, the electrical subcontractor was not called upon to apply for an electrical permit to increase the electrical service, which would have called Respondent's attention to the need for a mechanical permit. The system and procedures normally relied upon in the office did not function to alert Respondent to apply for a permit on the Davidson job. When the City of Miami Building Department contacted Respondent pursuant to Davidson's inquiry whether a job permit existed, Respondent immediately made application, paid the late fee, and obtained a mechanical permit on November 5, 1985. Respondent's plans and drawings for the job were deemed satisfactory by the City of Miami Building Department. No evidence was presented of any intentional or willful disregard of, or obstinate indifference to, the building permit laws. Respondent's delay in obtaining a late permit after he returned from vacation was caused by simple oversight in the midst of trying to satisfactorily resolve a difficult customer problem in that no one advised him that a permit had not been pulled or that the Davidson job was not one for which he had pulled a permit prior to going on vacation. The initial charging document in this cause is an Amended Administrative Complaint signed on August 24, 1987. The charges in the Amended Administrative Complaint are the same charges that were contained in an Administrative Complaint filed by the Petitioner against Respondent on July 24, 1986. That complaint was voluntarily dismissed by Petitioner on February 10, 1987, just before the final hearing scheduled in that case for February 16, 1987. Petitioner's probable cause panel met on August 12, 1987, and approved the filing of the Administrative Complaint which became the initial charging document in this cause. The probable cause panel was not told that charges related to the same matter had been dismissed by the Department six months earlier. Indeed, no explanation or discussion of the charges occurred at all. There was only an approval of the prosecutor's recommendation, and the entire discussion of the probable cause panel regarding the existence of probable cause to file the Amended Administrative Complaint consists of the following exchange: MR. SHROPSHIRE [agency attorney]: The next case is against Mr. Heisler, No. 65634. Prosecutor recommends a finding of probable cause and the filing of a formal complaint. MR. CARSON: I'd like to make a motion we accept the prosecutor's recommendations. MR. SUTTON: Second. MR. CARSON: All in favor say aye. MR. SUTTON: Aye. MR. CARSON: All opposed? MR. SHROPSHIRE: The next case is ... Whether probable cause was properly determined was reserved in the Prehearing Stipulation as a issue for determination at the final hearing in this case. No evidence bearing on the probable cause determination was offered by the Department. The charges in the Amended Administrative Complaint were brought (signed) on behalf of the Secretary of the Department of Professional Regulation by Douglas A. Shropshire, an attorney and the Tectonics Section Chief. Whether Mr. Shropshire had authority to institute the complaint on behalf of the Department was also reserved as an issue for final hearing. Mr. Shropshire is not the head of the agency. The Department offered no evidence of his designation to act for the Secretary in regard to instituting disciplinary charges.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered dismissing with prejudice the Amended Administrative Complaint filed in this case. DONE and RECOMMENDED this 10th day of March, 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 10th day of March, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-4452 Petitioner's proposed findings of fact numbered 1-10 have been adopted in substance or verbatim in this Recommended Order. Respondent's proposed findings of fact numbered 1-27 have been adopted in substance or verbatim in this Recommended Order. COPIES FURNISHED: Fred Seely, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 David L. Swanson, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 M. Stephen Turner, Esquire Post Office Box 11300 Tallahassee, Florida 32301-3300 William O'Neil, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 =================================================================
The Issue Whether Respondent, who is licensed as a Plans Examiner, a Building Inspector, and a Building Code Administrator, committed the offenses alleged in the three-count Administrative Complaint and, if so, the penalties if any that should be imposed.
Findings Of Fact Petitioner is the agency of the State of Florida with the responsibility to regulate Building Code Administrators and Inspectors pursuant to Section 20.165, Chapter 455, and Part XII of Chapter 468, Florida Statutes. At all times relevant to this proceeding, Respondent held licenses as a Standard Plans Examiner in Building and Mechanical; a Standard Inspector in Building and Mechanical; and a Building Code Administrator. Section 468.603(1), Florida Statutes, provides the following definitions relevant to this proceeding: Building code administrator" or "building official" means any of those employees of municipal or county governments with building construction regulation responsibilities who are charged with the responsibility for direct regulatory administration or supervision of plan review, enforcement, or inspection of building construction, erection, repair, addition, remodeling, demolition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinance. This term is synonymous with "building official" as used in the administrative chapter of the Standard Building Code and the South Florida Building Code. . . . Section 468.603(2), Florida Statutes, provides the following definition relevant to this proceeding: (2) "Building code inspector" means any of those employees of local governments or state agencies with building construction regulation responsibilities who themselves conduct inspections of building construction, erection, repair, addition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinance. Section 468.603(6), Florida Statutes, provides the following definitions relevant to this proceeding: "Categories of building code inspectors" include the following: "Building inspector" means a person who is qualified to inspect and determine that buildings and structures are constructed in accordance with the provisions of the governing building codes and state accessibility laws. * * * (e) "Mechanical inspector" means a person who is qualified to inspect and determine that the mechanical installations and systems for buildings and structures are in compliance with the provisions of the governing mechanical code. Section 468.603(7), Florida Statutes, provides the following definitions relevant to this proceeding: "Plans examiner" means a person who is qualified to determine that plans submitted for purposes of obtaining building and other permits comply with the applicable building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other applicable construction codes. Categories of plans examiners include: (a) Building plans examiner. * * * (c) Mechanical plans examiner. Section 468.603(7), Florida Statutes, provides the following definitions relevant to this proceeding: "Building code enforcement official" or "enforcement official" means a licensed building code administrator, building code inspector, or plans examiner. Ramon Melendez, doing business as R.E.M. Roofing, Inc., was not licensed as a construction contractor in Florida at any time relevant to this proceeding. Mr. Melendez was not individually licensed as a construction contractor in Florida at any time relevant to this proceeding. R.E.M. Roofing, Inc., was not qualified as a construction business by any certified or registered contractor in Florida at any time relevant to this proceeding. On or about March 20, 1998, Mr. Melendez, doing business as R.E.M. Roofing, Inc., contracted with Pedro Camacho to re-roof the residence located at 3961 N.W. 170th Street, Miami, Florida, for the sum of $3,000. Mr. Camacho paid Mr. Melendez the agreed sum in cash based on the contract dated March 20, 1998. On or about June 3, 1998, Mr. Melendez, doing business as R.E.M. Roofing, Inc., contracted with Santos Valentin to re- roof the residence located at 4412 N.W. 185th Street, Opa Locka, Florida, for the sum of $2,800. Mr. Valentin paid R.E.M. Roofing, Inc. the sum of $1,400 on June 8, 1998. Mr. Valentin paid Mr. Melendez the additional sum of $800 on June 10, 1998. Both payments, which were by check, were for the roofing work described in the contract dated June 3, 1998. On April 6, 1998, Respondent applied for and obtained a permit for the Camacho roofing work. This permit application was submitted to the Metropolitan Dade County Department of Planning Development and Regulation. Respondent signed the permit application as “the contractor” and inserted his contractor license number and social security number on the application. The application submitted by Respondent on April 6, 1998, was a fraudulent sham. At no time was Respondent the contractor for the Camacho roofing work. Respondent’s action in obtaining the building permit aided and abetted an unlicensed contractor to engage in contracting. On June 8, 1998, Respondent applied for and obtained a permit for the Valentin roofing work. This permit application was submitted to the Metropolitan Dade County Department of Planning Development and Regulation. Respondent signed the permit application as “the contractor” and inserted his contractor license number and social security number on the application. The application submitted by Respondent on June 8, 1998, was a fraudulent sham. At no time was Respondent the contractor for the Valentin roofing work. Respondent’s action in obtaining the building permit aided and abetted an unlicensed contractor to engage in contracting. Miami-Dade County Compliance Investigator Daniel Vuelta filed criminal charges against Respondent in two separate criminal cases. One case was for his involvement in the Camacho roofing project and the other was for his involvement in the Valentin roofing projects. These cases were brought in Miami- Dade County Court and assigned case numbers M99-57926 and M99- 57931. In each case, Respondent was charged with one count of Unlawful Application for Building Permit and one count of Aiding and Abetting an Unlicensed Contractor. All charges were first- degree misdemeanors. On February 22, 2001, Respondent entered into a plea agreement to resolve those criminal charges. Respondent entered a plea of guilty to each of the two counts in Case M99-57931, and he was subsequently adjudicated guilty of each count. As part of the plea agreement, the State agreed to nolle pross Case M99-57926. The crimes to which Respondent entered a guilty plea involved fraudulent building permits and, consequently, were directly related to building code enforcement. Petitioner’s investigative costs for this case, excluding costs associated with any attorney’s time, were $427.29.
Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that Petitioner enter a final order finding Respondent guilty of the offenses alleged in Counts I, II, and III. It is further RECOMMENDED that the final order revoke Respondent’s licensure and impose an administrative fine against him in the amount of $3,000. It is further RECOMMENDED that Petitioner order Respondent to pay its investigative costs, excluding costs associated with any attorney’s time, in the amount of $427.29. DONE AND ENTERED this 7th day of April, 2005, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON 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 7th day of April, 2005.
The Issue The issue is whether Respondent Robert Kegan (Mr. Kegan) committed violations of Chapters 455 and 468, Florida Statutes, as alleged in an Administrative Complaint filed by Petitioner Department of Business and Professional Regulation (Department).
Findings Of Fact Mr. Kegan has a Certificate of Licensure from the Florida Building Code Administrators and Inspectors Board. He was first licensed in 1994, and, unless he renewed it, the license expired on November 30, 2008. At all times pertinent, he was the Building Code Administrator in Mt. Dora, Florida. Mr. Kegan has never been employed by the City of Leesburg in any capacity. The Department is the state agency charged with regulating the practice of building code administration and inspections pursuant to Section 20.165 and Chapters 455 and 468, Florida Statutes. Linda Renn purchased a home located at 2407 Winona Avenue, Leesburg, Florida, from Mr. Kegan and his wife pursuant to a contract entered into during March 2001. Prior to entering into the contract for sale, Ms. Renn walked through the house with Mr. Kegan. Ms. Renn was aware that it was an older home and testified, "And I felt very comfortable after leaving the home and doing the walk through that even though I was buying an older home with older home obsolescent issues types, but that the renovations were enough that I felt comfortable." Ms. Renn typed up an addendum to the contract prior to execution that stated Mr. Kegan would level a part of the house that required leveling, install an HVAC, install a 220-volt outlet for the clothes dryer, and would accomplish certain other improvements prior to closing on the home. The addendum became part of the contract for sale. Mr. Kegan provided Ms. Renn with his business card indicating that he was the Building Code Administrator in Mt. Dora. Ms. Renn observed Mr. Kegan in a shirt with the Mt. Dora logo upon it, indicating that he was a building official of Mr. Dora, and she visited him in his office in Mt. Dora. There is no question Ms. Renn was aware that he was a building official in Mt. Dora. Ms. Renn claimed that because he was a building official she completely relied on the representations he made to her. However, this assertion lacks credibility because she employed an independent home inspector prior to closing. During the walk-through, the HVAC was resting upon the floor of the home's garage. However, at a time between March 17 and April 29, 2001, Mr. Kegan had the HVAC installed, as he agreed. Subsequently, Ms. Renn discovered this work was accomplished by an unlicensed individual. An inspection of the premises was conducted by Guy Medlock of Benchmark Building Inspections, Inc., on March 29, 2001. A report was issued on March 30, 2001. The report noted that the dwelling was 53 years old and had problems that one would expect from a home that old. Mr. Medlock also noted that the house had a lot of charm. Mr. Medlock's inspection noted that the dwelling required roof repairs and wood rot repairs. It was noted that it was necessary to ameliorate water leaks and correct electrical deficiencies, among other items. There were seven items noted with estimated costs of repair ranging from $50.00 to $150.00. At the time of the inspection, the 220-volt receptacle had not been installed for the washer and dryer. Mr. Medlock further noted that there was no plumbing available for the washer. Because of Mr. Medlock's report, Ms. Renn was well aware of the defects he noted, and she knew this prior to closing. The report stated that he, Mr. Medlock, had discussed the electrical deficiencies with Ms. Renn and suggested that she have an electrician inspect the dwelling. Ms. Renn testified that she gave greater weight to Mr. Kegan's knowledge than to the home inspector that she hired, but there is no basis in the record for her to arrive at that conclusion. On April 29, 2001, the day before closing, Economy Electric of Eustis, Florida, installed a 220-volt line, and Mr. Kegan paid for this work. Economy Electric's principal is Larry New. He is licensed to accomplish electrical work. He performed additional electrical work that was paid for by Ms. Renn, including upgrading wires so that her computer would not be damaged by bad wiring. On April 30, 2001, Mr. and Mrs. Kegan conveyed the premises to Ms. Renn by warranty deed. Subsequently, Ms. Renn concluded that she was not happy with certain facets of the house, and tried to contact Mr. Kegan to have her perceived problems corrected. Mr. Kegan was difficult to contact. In a letter dated November 4, 2001, Ms. Renn filed a 16-page complaint with the Department alleging numerous Florida Building Code violations by Mr. Kegan. She requested that the Department investigate these alleged violations. Sometime immediately prior to January 10, 2002, Ms. Renn had Raymond Anderson of Suter Air Conditioning, Inc., of Leesburg, inspect the HVAC. He made Ms. Renn aware of several city code infractions involving the HVAC. Sometime immediately prior to January 11, 2002, Ms. Renn had someone named James A. Dolan inspect the electrical service at the premises. In a letter dated January 11, 2002, Mr. Dolan stated that there were "national electrical code violations" at the house and that it was his opinion that an electrical inspector or building code official should look into the situation. Ms. Renn believed this to be true. Sometime immediately prior to February 5, 2002, Ms. Renn had the electrical service inspected by Bronson Electric Service, Inc., of Eustis, Florida. In a letter dated February 5, 2002, David E. Bronson reported numerous electrical deficiencies, including an improperly fused air conditioning unit. Mr. Bronson found that the electrical service to the house required an upgrade to 150 amps because the current service was inadequate. He quoted a price of $1,546.00 to accomplish the required modifications. Ms. Renn believed this to be accurate. Ms. Renn employed an inspector from Ocala, Florida, who prepared an inspection report dated May 10, 2002. She learned there were plumbing, electrical, and mechanical problems. She also learned that the roof did not meet building code standards. She noted that for a period of two and one-half years, the HVAC neither cooled nor heated, although it did make some noise. Permits were required for the electrical upgrade and for the air conditioning installation in Ms. Renn's house. No permits were obtained by Mr. Kegan, or his friends, or persons he employed to work on Ms. Renn's house, as were required by the City of Leesburg. By April 18, 2002, all permits had been obtained. Unlicensed persons worked on both the HVAC installation and the electrical upgrade. Work of that sort is lawful only if accomplished by licensed persons. The work accomplished without the appropriate permit and the work done by unlicensed persons, was done under the control of Mr. Kegan. Ultimately, Larry New, a licensed electrician, and Jimmy Harris, a licensed person, fixed all of the problems; got the work inspected; and ensured that all permits were in place. After her complaint to the Department which was drafted November 4, 2001, and submitted in early 2002, Ms. Renn was informed by the Department that she should handle the case locally. Complaints were made by Ms. Renn to the Leesburg Building Department and to many other officials of the Leesburg municipal government. Ultimately, a hearing regarding Mr. Kegan was held before the Lake County Board of Building Examiners (County Board) on August 7, 2003, in Tavares, the county seat of Lake County. Both Leesburg and Mt. Dora are in Lake County. The County Board heard charges against Mr. Kegan's contractor's license for accomplishing work in the trades of roofing, electrical, mechanical, and plumbing using unlicensed workers and failing to obtain permits. It imposed sanctions, including a $1,000 fine. The County Board required Mr. Kegan to do the work he promised, but it was clear that he had already accomplished that work, except for some roofing issues not further identified. The County Board did not address his position as the Building Code Administrator in Mt. Dora, Florida. The action of the County Board was subsequently reversed by a circuit court. Relations between Ms. Renn and Mr. Kegan eventually deteriorated to the point where Ms. Renn had a trespass warning served on Mr. Kegan and sought to have the state attorney prosecute him for trespass. She was not successful in this. She also sued Mr. Kegan civilly, but eventually she voluntarily dismissed the case. None of the actions taken by Ms. Renn, resulted in Mr. Kegan being disciplined. At some point thereafter, Ms. Renn appeared to be satisfied with her house and the retaliation she had visited upon Mr. Kegan. However, while Ms. Renn was "working on legislation" in Tallahassee, Florida, in 2006, she was asked by a Department attorney to reopen the case. Other than the transcript from the County Board hearing of August 7, 2003, nothing had changed. Every problem she had with the house that should have been ameliorated, had been ameliorated. Nevertheless, she did as asked by the Department attorney, and this case was filed. Ms. Renn sent two letters dated April 3, 2006, and one letter dated April 21, 2006, to the Chief Professions Attorney of the Department. The latter missive was a follow-up to the April 3, 2006, communications. The April 3, 2006, communications are considered complaints as contemplated by Subsection 468.619(4), Florida Statutes (2005). There is no evidence of record that Mr. Kegan was informed of the complaint or that he was permitted 30 days to respond as contemplated by Subsection 468.619(4)(b), Florida Statutes (2005). There is no evidence of record that the Department submitted the complaint regarding Mr. Kegan to a probable cause panel for review as contemplated by Subsection 468.619(4)(b), Florida Statutes (2005), within 180 days. There is no evidence to the contrary, either. In summary, the Department has proven that Mr. Kegan, during 2001 and 2002, caused work to be accomplished at 2407 Winona Avenue, Leesburg, Florida, when he owned the house, as well as after he sold the house to Ms. Renn, and this work was done without proper permits and, on occasion, by persons who had no license when a license was required.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation dismiss the Administrative Complaint in the case of Robert Kegan. DONE AND ENTERED this 13th day of January, 2009, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER 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 13th day of January, 2009. COPIES FURNISHED: Harry T. Hackney, Esquire Harry Thomas Hackney, P.A. 3900 Lake Center Drive, Suite A1 Mount Dora, Florida 32757 Elizabeth F. Duffy, Esquire Charles Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Ned Luczynski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Robyn Barineau, Executive Director Building Code Administrators and Inspectors Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
