The Issue Whether or not the Respondent, Charles E. Sullivan, abandoned the construction project of his customer, Otto Kipar at a time when he had received 98 percent of the contract price and completed approximately 75 percent of the job, and whether or not such abandonment constituted a violation of Section 468.112(2)(h), Florida Statutes.
Findings Of Fact This cause comes on for consideration based upon the administrative complaint filed by the Petitioner, State of Florida, Department of Occupational Regulation, Florida Construction Industry Licensing Board, against the Respondent, Charles E. Sullivan, d/b/a Suwannee Roofing Company. The Petitioner is an agency of the State of Florida empowered to administer and regulate those individuals who hold various licenses with the Florida Construction Industry Licensing Board. Charles E. Sullivan, d/b/a Suwannee Roofing Company holds a registered roofing contractor's license and the number is RC 18162. In May 16, 1977, Otto Kipar, a resident of Suwannee County, Florida, entered into a contract for the Respondent to perform certain roofing work and associated to the roofing. The terms and conditions of this contract may be founded in the Petitioner's Exhibit 2, admitted into evidence. The price of the contract was in the amount of $2,500, to be paid by Mr. Kipar in an installment of $2,450 when the roofing was finished and a $50 balance when the chimney was flashed. Among other things, the contract called for the setting of the trusses on the roof, sheeting the roof with plywood, running facia boards, putting up the jack molding and putting on roofing shingles. The work was to be done by Suwannee Roofing, which is owned by the Respondent, Charles E. Sullivan, and all of the materials were to be furnished by Mr. Kipar, with the exception of the shingles and the staples necessary to nail the shingles into the plywood sheeting. The Respondent's employees went to the job site and started to install the roof. On June 24, 1977, Berl Wilson, a building inspector for Suwannee County, Florida, went to the job site and inspected the roof. He determined that the work on the roof was 50 percent completed. He found the trusses up and the sheeting and shingles installed. However, he felt that the roof construction was unsatisfactory and that the roof would eventually fall in. He immediately tried to contact Mr. Sullivan, the Respondent, and was able to speak to him on June 27, 1978. At that point, Mr. Sullivan indicated that he would work the matter out with the owner, Mr. Kipar. In August, 1977, the Respondent hired some individuals to go to the job site and make adjustments to the roof, so that it would structurally meet the necessary building standards of Suwannee County, Florida, and comply with his contract with Mr. Kipar, as to that element. At the behest of Mr. Kipar, the building inspector Wilson returned to the job site in August or September 1977, and discovered that the roof was not shingled over 25 percent to 35 percent of the roof area. In that particular part of the roof, only the felt paper was installed on the sheeting. This caused the roof to fail to meet the Southern Building Code, in terms of requirements of that code. It was also in violation of the contract conditions which called for the Respondent to install the shingles over the entire roof, not just part of it. When confronted with the fact of the incompleted roof, the Respondent told Wilson that he had spent over $600 in trying to make the necessary adjustment to the trusses and that he felt no obligation to spend any other money on the Kipar job. Therefore, the job was left unfinished and when Mr. Wilson saw the job site on March 22, 1978, he found it in the same state as had been indicated in August/September 1977, in that the roof was still 25 percent to 35 percent without shingles. The Respondent and his employees did not return to the job site to complete the roofing and Mr. Kipar had to make those arrangements himself. This abandonment on the part of the Respondent came, notwithstanding the fact that Mr. Kipar, in accordance with the contract had paid the Respondent $2,450 on May 30, 1977, as shown by Petitioner's Exhibit number 3, admitted into evidence. In summary, the Respondent was paid 98 percent of the amount of the contract, which constituted the full amount of payment with exception of $50 for flashing the chimney, and the Respondent abandoned the job when 25 percent to 35 percent of the shingles remained to be installed. This abandonment constitutes cause for disciplinary action in accordance with Section 468.112(2)(h), Florida Statutes, which states: ... (h) Abandonment of a construction project in which the contractor is engaged or under contract as a contractor. A project is to be considered abandoned after 90 days if the contractor terminates said project without notification to the prospective owner and without just cause. Abandonment has been demonstrated here because the Respondent did not work on the roof after the period of August/ September, 1977, and as stated before the roof was missing 25 percent to 35 percent of the necessary shingles at that time. In addition, the Respondent failed to notify the owner of this abandonment and the abandonment was without just cause.
Recommendation It is recommended that the Petitioner, State of Florida, Department of Professional Occupation Regulations, Florida Construction Licensing Board, suspend the Respondent's, Charles E. Sullivan's roofing contractor's license, RC18I62, for a period of one year. DONE AND ENTERED this 29th day of September, 1978, in Tallahassee, Florida. COPIES FURNISHED: Michael Egan, Esquire 217 South Adams Street Tallahassee, Florida 32301 Charles E. Sullivan Suwannee Roofing Company Post Office Box 999 Live Oak, Florida 32060 CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings Room 101, Collins Building MAILING ADDRESS: 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675
Findings Of Fact At all times material to this proceeding, the Respondent was the owner of Palm Beauty Salon located at 5084 N.E. 2nd Avenue, Miami, Florida. At all times material to this proceeding, Respondent Fanfan was licensed to operate Palm Beauty Salon as a cosmetology salon, having been issued Florida Cosmetology salon license number CE 0038205. Respondent Fanfan was not licensed to practice cosmetology in the State of Florida at any time. On August 19, 1985, Sharon Banks Geter (Geter), inspector for the Petitioner, inspected the Palm Beauty Salon and was accompanied by another inspector, Anthony Destro (Destro). At the time of the inspection on August 19, 1985, Adelaide Baltazar (Baltazar) and Myrtha Janvier (Janvier) were found to be performing cosmetology services in the Palm Beauty Salon. However, the evidence was insufficient to prove that Baltazar and Janvier were employed by Respondent Fanfan. Neither the Respondent nor Marie Herard (Herard) the manager of Palm Beauty Salon, were present when Geter and Destro inspected the Palm Beauty Salon on August 19, 1985. At all times material to this proceeding, Baltazar and Janvier were not licensed to practice cosmetology in the State of Florida.
Recommendation Based upon the Findings of Fact and Conclusions of Law recited herein, it is RECOMMENDED that the Board of Cosmetology enter a final order DISMISSING the Administrative Complaint filed against Respondent Fanfan. Respectfully submitted and entered this 16th day of May, 1986, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE, 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 16th day of May, 1986. COPIES FURNISHED: Jane Shaeffer, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Salvatore A. Carpino General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Bernard D. Fanfan Palm Beauty Salon 1323 NE 178 Street North Miami Beach, FL 33162 Myrtle Aase Executive Director Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32301 APPENDIX The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the Petitioner in this case. Rulings on Proposed Findings of Fact Submitted by the Petitioner Adopted in Finding of Fact 1. Adopted in Finding of Fact 2. Rejected as irrelevant and immaterial. Rejected as irrelevant and immaterial. Adopted in Findings of Fact 4 and 5. Adopted in Finding of Fact 7. Respondent Did Not Submit Any Proposed Findings of Fact
Recommendation Based on the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the license of Frederick B. Mee d/b/a B & M Air Conditioning and Refrigeration Service, Inc., be suspended until satisfactory proof of his personal finances is received by the Florida Construction Industry Licensing Board. DONE and ORDERED this 5th day of July, 1977, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: David Linn, Esquire Post Office Box 1386 Tallahassee, Florida 32302 Mr. Frederick B. Mee 1123 El Dorado Parkway Cape Coral, Florida 33904 Mr. J. K. Linnan Executive Director Florida Construction Industry Licensing Board Post Office Box 8621 Jacksonville, Florida 32211
Recommendation Based on the foregoing, it is RECOMMENDED: That the Department of Environmental Regulation enter a final order dismissing the petition challenging the extension of the 1984 permits as untimely filed. DONE and ENTERED this 24th day of August 1989, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of August 1989. COPIES FURNISHED: Bram D.E. Canter Haben & Culpepper, P.A. 306 North Monroe Street Tallahassee, Florida 32301 Sylvia M. Alderman Katz, Kutter, Haigler, Alderman, Eaton, Davis and Marks, P.A. 215 South Monroe Street, Suite 400 Tallahassee, Florida 32301 Paul H. Amundsen F. Phillip Blank, P.A. 204-B South Monroe Street Tallahassee, Florida 32301 Carol A. Forthman Deputy General Counsel Office of General Counsel Department of Environmental Regulation Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400
The Issue Whether Petitioners are entitled to attorneys' fees and costs pursuant to Section 57.111, Florida Statutes?
Findings Of Fact On September 29, 2004, Respondent notified Petitioners that a complaint against them was received regarding an engineering project and that an investigation was to be undertaken. Between September 29, 2004, and March 16, 2006, Petitioners submitted numerous informal responses to Respondent either via e-mail or regular United States mail. On March 16, 2006, the probable cause panel of the Board of Professional Engineers found probable cause to charge Petitioners with violating Section 471.033(1)(g), Florida Statutes, by being negligent in the practice of engineering. At the time it found probable cause, the probable cause panel reviewed the materials that are attached to the Affidavit of Teresa Bake, Custodian of Records of FEMC (Respondent's Composite Exhibit numbered 1). These materials include the Investigative Report compiled by the investigator for FEMC; a copy of the plans for the relocation project, and letters dated October 22, 2005, and February 5, 2006, from Roland Holt, P.E., FEMC's engineering consultant. Mr. Holt's reports contained the opinion that Petitioners' plans for the relocation project were deficient. An Administrative Complaint reflecting the March 16, 2006, findings of the probable cause panel was issued April 20, 2006, and was subsequently served on Petitioners. The allegations in the Administrative Complaint are consistent with the purported deficiencies noted in Mr. Holt's letters. Petitioners requested a Section 120.57(1) hearing, which was held July 31, 2006. On August 29, 2006, a Recommended Order was filed recommending that all charges against Petitioners be dismissed. On December 12, 2006, the Board of Professional Engineers entered a Final Order that adopted the findings of fact and conclusions of law recommended by the administrative law judge and dismissed the charges against Petitioners. The amount of attorneys' fees claimed is $26,298.00, which is reasonable and not unjust. The parties have stipulated to recoverable costs of $793.00, which represents that portion of the costs that conform to the Statewide Guidelines for Taxation of Costs in Civil Actions, effective January 1, 2006.
Findings Of Fact Suncoast Highland Corp. (Suncoast), is the developer and registrant of Shadow Run Subdivision in Hillsborough County. Prior to 1970, Suncoast was known as Suncoast Peach Corporation. C. Thomas Petersen, Peter Lenhardt, and two other individuals formed Suncoast Peach Corporation in 1964. In 1974 Suncoast registered Unit 1 of Shadow Run with the Division of Land Sales (Division). At that time Suncoast's principals were C. Thomas Petersen, President and Director, and Peter M. Lenhardt, Vice President, Director, and in charge of marketing. As a charter stockholder and owner of 166,000 shares (26-2/3 percent of ownership), Lenhardt filed an affidavit stating he devoted 100 percent of his time five days per week to Suncoast's business affairs. Lenhardt was (and presumably still is) a registered real estate broker and was in charge of sales in Shadow Run. In 1977 Suncoast registered Unit 2 (consolidated with Unit 1) with the Division. At this time Petersen and Lenhardt alleged each owned 13.5 percent of Suncoast and Lenhardt again filed an affidavit stating he devoted 100 percent of his time to Suncoast's business affairs and was in charge of sales in Shadow Run. In the Annual Report filed November 13, 1978, Lenhardt executed an affidavit representing himself to be Suncoast's principal officer in connection with this filing. This report included financial and inventory data for Shadow Run, Units 1 and 2, as well as 16 other registered subdivisions. At this time Petitioner and Lenhardt represented they each owned 38 percent of Suncoast (Exhibit 1E). On January 30, 1979, Lenhardt filed, under oath, renewal applications for Shadow Run, Units 1 and 2. This application (Exhibit 1F) showed out of 277 lots registered in Unit 1, 227 had been deeded and 50 remained to be sold. In Unit 2 out of 89 registered lots, 76 had been deeded and only 13 remained unsold. In August 1978 the Division began receiving complaints from Shadow Run homeowners concerning assessments, placing of utilities, and lack of promised recreational facilities. After meeting with the homeowners association and representatives of Suncoast, the Division issued a Notice to Show Cause against Suncoast. For several months thereafter representatives of the Division, Suncoast, and the homeowners association attempted to resolve the complaints. On April 19, 1979, C. Thomas Petersen, President, and Thomas Coates, Secretary, of Suncoast executed a stipulation in which, inter alia, further sales would remain suspended pending submission of all promotional and advertising materials to the Division, Suncoast would enter into an agreement concerning recreational facilities to be furnished by Suncoast, and Suncoast would pay a $7,500 civil penalty to the Division (Exhibit 1G). On December 10, 1979, Suncoast executed an agreement (Exhibit 1H) whereby it agreed, among other things, to install a concrete boat ramp no longer than 20 feet extending not more than two feet into Lake Grady on Lot 14, Block 1, Shadow Run, Unit 1, and convey legal title of the boat ramp area to the association; and, in conjunction with the boat ramp, provide a parking area 96 feet wide abutting on Shadow Run Boulevard at Lot 14, Unit 1, Shadow Run Subdivision, running from Shadow Run Boulevard to the water. This agreement was not recorded. No evidence was submitted when, or if, Lenhardt disposed of his ownership interest in Suncoast and Timber Oaks and terminated his management role in those companies. Lenhardt was listed as Secretary/Treasurer of Suncoast in the annual corporate report for 1980. His name on the 1981 annual corporate report for Suncoast was lined out and Linda Burr's name was added as Secretary. Lenhardt's name does not appear on subsequent reports. Timber Oaks, Inc., was incorporated February 11, 1980, with C. Thomas Petersen as President, Peter M. Lenhardt as Vice President, and Linda Burr as Secretary (Exhibit 3). On the 1981 annual corporate report Lenhardt's name was lined out and Linda Burr's name was added as Secretary. Coppice-Boden, Inc., was incorporated August 28, 1980, with Peter Lenhardt as President, Helen K. Lenhardt as Vice President, and Delores Hamm as Secretary. Hamm's name was deleted from the 1982 annual corporate report and both Lenhardts continued to be listed through the 1984 annual corporate report. No evidence was submitted showing transfer of the property which included Lot 14, Unit 1, Shadow Run Subdivision 1, from Suncoast to Timber Oaks, Inc.; however, by warranty deed dated October 29, 1982, Timber Oaks, Inc., conveyed property which specifically included Lot 14, Unit 1, Shadow Run Subdivision 1, to Coppice-Boden Corp., for a stated consideration of $340,000 (Exhibit 5). On November 11, 1982, Coppice-Boden, Inc., mortgaged the property which included Lot 14, Block 1, Unit 1, Shadow Run Subdivision, to G. G. Moore to secure a note in the amount of $72,031.63. The Special Warranty Deed dated February 29, 1980 (Exhibit 8) whereby Community Banks of Pinellas conveyed certain property to Timber Oaks, Inc., excluded Lots 1 through 22, inclusive, of Block 1, of Shadow Run, Unit 1.
