Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: Respondent, Walter C. Davis, became licensed in Florida as a certified general contractor in March of 1973, holding license number CG C007063. Respondent was away from the State of Florida from late 1976 until 1979. During the 1977-79 and 1979-81 license periods, respondent renewed his license number CG C007063 on an inactive basis. On or about September 4, 1980, respondent submitted to the petitioner a "certification change of status application" to change his licensing status from inactive to active status. Among the questions asked on the application were 1) are there now any unpaid past-due bills or claims for labor, materials, or services as a result of the applicant's construction operations?, and 2) are there now any suits, or judgments of record or pending as a result of the applicant's construction operations? To both these questions, respondent answered "no". By affidavit attached to the "certification change of status application", respondent vouched for the truth and accuracy of all statements and answers contained in the application. Respondent's license was placed on an active status and he currently holds such license number CG C007063. As a result of respondent's failure to pay for trusses used by respondent in the construction of a peach barn, Cox Lumber Company of Brooksville filed a lawsuit against respondent's construction company seeking the amount of $2,481.03. The original and amended complaints were served on respondent on September 1, 1976 and December 28, 1976. A Final Judgment, by default, was entered against the respondent on February 23 1977. This judgment remained outstanding as of September 4, 1980. Respondent failed to pay for certain prefabricated steel buildings provided by Kirby Building Systems. Suit was brought by Kirby against the respondent, the respondent was served with the complaint on April 13, 1977, and, on July 12, 1977, the Circuit Court for Sarasota County entered a Final Judgment, by default, against respondent in the amount of $5,713.11. This judgment remains outstanding. As of April 30, 1976, respondent owed $435.62 to Carroll Contracting Company for ready mix concrete used by the respondent on a construction project. This amount was past due on September 4, 1980. As a result of a complaint, the Citrus County Board of Examiners voted on June 22 1976, to suspend respondent's permit-pulling privileges in Citrus County. This action was to remain in effect until the respondent made restitution or satisfied the complainant's concerns. Citrus County Ordinance No. 72-3 requires the holding of a public hearing after notice to the holder of a Certificate of Competency prior to suspension or revocation of a Certificate. No such public hearing was held by the Citrus County Board of Examiners. On or about December 7, 1981, respondent entered into a contract with Boyd T. Peeler to construct a boathouse and shop for $6,200.00. Mr. Peeler paid respondent the entire contract price. The structure was completed and passed final inspection on August 18, 1982. Respondent failed to pay $490.00 to Overhead Door Company of Ocala for the labor and materials used to install two rolling doors for the Peeler boathouse. As of the date of the hearing, the bill remained unpaid by the respondent
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is
