The Issue At issue in this proceeding is whether Respondent committed the offense set forth in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact Preliminary matters At all times material hereto, Respondent, Carlos Morejon, was licensed by Petitioner, Department of Business and Professional Regulation, Construction Industry Licensing Board (Department), as a certified building contractor and as a registered residential contractor, having been issued license numbers CB C056745 and RR 0066530, respectively.3 In early 1993, following the landfall of Hurricane Andrew, Respondent and Sergio Casiano, a family friend, resolved to "start a company" to engage in contracting. At the time, Casiano was not certified or registered to engage in contracting, a circumstance known to Respondent; however, he apparently had years of experience in the construction trade. Conversely, Respondent, although certified and registered, was lacking in experience. According to Respondent, both he and Casiano would bid or contract jobs, and Casiano (variously described by Respondent as his field manager, superintendent, supervisor, or foreman) would actually oversee the construction, subject to Respondent's supervision "as much as my abilities" allowed.4 The Moreno job Pertinent to this case, Henry and Ester Moreno own, and have owned since approximately 1986, a single-family residence located at 8361 Southwest 47th Street, Miami, Dade County, Florida. As sited, the home is located in unincorporated Dade County. In early October 1993, the Morenos were driving in their neighborhood when they observed a house being re-roofed with a clay roof tile of a color and style they wanted installed on their home. The Morenos stopped and inquired of the owner regarding the contractor, and the owner advised them he would have the contractor contact them. That evening, Casiano telephoned the Morenos and arranged to meet with them at their home. At the meeting, the Morenos explained that they wanted to replace their existing shingles with clay roof tiles, and discussed price with Casiano; however, no agreement was reached. Before he left, Casiano gave them his business card. The card identified Casiano as the "manager" of a business described as follows: C.M. STATE BUILDING CONTRACTOR ROOFING CONTRACTOR CC# 19424 / CBC # 056745 Between Respondent and Casiano, "C.M." was understood to stand for Carlos Morejon. In August 1994, the Morenos finally resolved to have their home re-roofed, and they telephoned Casiano at the telephone number displayed on his business card. Casiano met with the Morenos on or about August 26, 1994, at which time they entered into a written agreement to remove and replace their existing roofing material. The agreement named Carlos Morejon as the contractor and Henry and Ester Moreno as the owners. Type of construction was noted as residential; project location was noted as 8361 S.W. 47th Street, Miami, Florida; and the owners' telephone number was noted as (305) 226-0503. Contract price was $6,200. The agreement was signed by Mr. and Mrs. Moreno, as owners, and Sergio Casiano, as project supervisor.5 Upon execution of the agreement, and consistent with its terms, the Morenos gave Casiano a check for fifty percent of the contract price ($3,100). The check, at Casiano's direction, was made payable to his order. Under the terms of the agreement, the balance of the contract price was to be paid as the work progressed. On August 30, 1994, with information provided by Casiano regarding the Moreno project, Respondent completed and signed a permit application, and submitted it to the Metropolitan Dade County Building and Zoning Department. The application identified the job address as 8361 S.W. 47th Street; the improvement as re-roofing, with a value of $6,000; and the owners' name and address as "Henry Moreno & Esther," 8361 S.W. 47th Street, Miami, Florida, with a telephone number of 226-0503. The application was also signed by Esther Moreno, as owner. The application was approved and the permit (number 94148351) was issued on August 31, 1994.6 Consistent with the terms of the agreement, the old roof material was removed, and the roof prepared to accept the new tile; however, cement roof tile was delivered instead of clay tile as requested by the Morenos. When advised of the error, Casiano removed the cement tiles from the job site, and on January 20, 1995, ordered clay tile from Metro Roof Tile, Inc. (Metro Roof), a local manufacturer of roof tiles. The clay tile was promptly delivered and installed. Up to that date, the Morenos had paid Casiano $5,650 of the contract price,7 with the balance of $550 due on final inspection. Casiano neglected to pay Metro Roof for the clay tile installed on the Moreno property, and on February 24, 1995, Metro Roof served the Morenos with a Notice to Owner stating that it had furnished materials for improvement of the property upon the order of Casiano. Subsequently, on April 5, 1995, Metro Roof filed a claim of lien against the property for the value of the clay tiles ($1,061.42), and served a copy of the claim of lien on the Morenos. Notwithstanding the pending claim of lien, as well as the lack of a final inspection, the Morenos met with Casiano on September 11, 1995, and inexplicably tendered to him the final payment ($550) that was due under the contract. Subsequently, the last inspection of the roof noted ten to fifteen loose tiles, and the project failed inspection. On November 22, 1995, Metro Roof, having failed to receive satisfaction of its lien, filed a civil action to foreclose its lien. The Morenos were duly served with a copy of the civil action, and on December 20, 1996, a "Final Judgment for Construction Lien Foreclosure" was rendered. The amount awarded was $1,234.42, and represented principal ($1,061.42), filing fee ($129.00), and service of process fee ($44.00). The Morenos satisfied the judgment by payment of the full amount awarded. The costs of investigation and prosecution At hearing, Petitioner offered proof, without objection, that its costs of investigation and prosecution, excluding costs associated with any attorney's time, totaled $701.96, as of April 23, 1998. (Petitioner's Exhibit 10). Previous disciplinary action On March 28, 1995, Petitioner issued a Uniform Disciplinary Citation against Respondent imposing an administrative fine of $500 for failure to provide proof, in response to a random audit, of having completed all required continuing education requirements before renewing his license. (Petitioner's Exhibit 11).
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent guilty of the violation alleged in Count I of the Administrative Complaint, and imposing, as a penalty for such violation, an administrative fine in the sum of $1,500; assessing costs of investigation and prosecution in the sum of $701.96; ordering the payment of $1,234.32 to Henry and Esther Moreno as restitution; and requiring Respondent to furnish the Construction Industry Licensing Board with proof that the Moreno roof work has successfully passed a final inspection. It is further RECOMMENDED that the Final Order dismiss Count II of the Administrative Complaint. DONE AND ENTERED this 10th day of August, 1998, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK 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 Filed with the Clerk of the Division of Administrative Hearings this 10th day of August, 1998.
Findings Of Fact The Respondent's name is Troy Griffin. The Respondent is now and was at all times relevant to the pending Administrative Complaint, a registered residential contractor in the State of Florida having been issued license number RR 0030688. The Respondent is not now and at no time material to the pending Administrative Complaint was the Respondent a certified or registered roofing contractor in the State of Florida. At all times material to the pending Administrative Complaint, the Respondent's license #RR 0030688 qualified Griffin Remodeling & Repairs, Jacksonville, Florida. In June 1978 the Respondent d/b/a Griffin Remodeling and Repairs contracted to repair the residence of June Moody, Jacksonville, Florida. The contracting work included work upon the Moody's built-up roof, which Respondent re-roofed pursuant to contract. Respondent built up the roof with more than one layer of felt in 1978. These layers were discovered by the city's inspector in 1982. Respondent returned in 1978 and patched the roof he installed. These patches were seen by the city's inspector in 1982. The owner, Moody, did not complain of leaks in 1982. There was no evidence of leaks in 1982. A roof poorly installed without sufficient tar and felt will leak within the time that has passed between 1978 and 1982. See inspector's testimony in response to Hearing Officer's question. Moody's home was a single family, one story residence. No evidence was received regarding whether the City of Jacksonville requires examinations of roofing contractors prior to their certification.
Recommendation Having found that the Respondent did not commit the alleged violations, it is recommended that the Administrative Complaint be dismissed and no action be taken. DONE and ORDERED this 23rd day of August, 1985, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Buildina 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of August, 1985. COPIES FURNISHED: W. Douglas Beason, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Troy Griffin 7443 Laura Street Jacksonville, Florida 32202 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 James Linnan, Executive Direetor Department of Professional -I Regulation. Construction Industry Licensing Board P. O. Box 2 Jacksonville, Florida 32202
The Issue The issues in Case No. 07-4376PL are whether Respondent violated Subsections 489.129(1)(i), 489.119(2), 489.126(2)(a), and 489.129(1)(j), (m), and (o), Florida Statutes (2004),1 and, if so, what discipline should be imposed. The issues in Case No. 07-4377PL are whether Respondent violated Subsections 489.1425(1), and 489.129(1)(i) and (o), Florida Statutes, and, if so, what discipline should be imposed.
Findings Of Fact Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165 and Chapters 455 and 489, Florida Statutes. Mr. Roach is, and was at all times material to this action, a certified roofing contractor in the State of Florida having been issued License No. CCC1326005. Mr. Roach's Certified Roofing Contractor License No. CCC1326005 is current and active. Mr. Roach's current addresses of record are Post Office Box 345, Orange Springs, Florida, and 22204 U.S. Highway 301, Hawthorne, Florida. At all times material to this action, Mr. Roach was a licensed qualifier for All Florida Roofing Contractors, Inc. (All Florida). There is evidence in the record sufficient to establish that Mr. Roach has been previously disciplined for a violation under Chapter 489, Florida Statutes. Notably, Mr. Roach has been previously disciplined for, among other things, violations of Subsections 489.129(1)(m) and (o), Florida Statutes. Case No. 07-4376PL Mr. Roach failed to obtain a Certificate of Authority for All Florida, as required by Subsection 489.119(2), Florida Statutes. On or about August 23, 2004, Mr. Pang contracted with Mr. Roach, to remove and replace the hurricane-damaged roof of his hotel property located at 1620 West Vine Street, Kissimmee, Florida. The contract price for the aforementioned project was $40,000.00. Mr. Pang made an initial payment of $2,250.00 on August 22, 2004, and another payment of $20,000.00 on August 23, 2004. As part of the contract, All Florida was required to pull the building permits for the project, and Mr. Roach failed to do this. Mr. Roach commenced work on the project on or about September 7, 2004. On or about late September 2004, he ceased work on the project, and the project remained unfinished. Mr. Pang paid All Florida an additional $10,000.00 on September 16, 2004. On October 1, 2004, the City of Kissimmee issued a Notice of Violation against Mr. Pang for failure to have a building permit for the work that had been performed by Mr. Roach on the roof. Mr. Roach scheduled repairs on the project, but did not return to the project. Mr. Roach did not have any inspections performed on the roof. Later, another contractor hired by Mr. Pang finished the roofing project at a cost of an additional $32,975.00. Case No. 07-4377PL On or about September 15, 2004, Ms. Perez contracted with Mr. Roach to repair roof damage to her residence at 1502 Golden Poppy Court, Orlando, Florida. The contract price for the aforementioned project was $7,268.32, of which Mr. Roach was paid $3,634.16 on September 18, 2004. The contract entered into between Ms. Perez and Mr. Roach failed to inform the homeowner of the Construction Industry Recovery Fund. On or about October 27, 2004, the Orange County Building Department issued Mr. Roach a permit for the aforementioned project (Permit No. T04018050). Mr. Roach did not have any inspections performed on the roof. On September 25, 2004, Ms. Perez paid $3,614.16 to All Florida, which was the remaining amount of the contract. Another contractor was hired by Ms Perez to correct deficient aspects of Mr. Roach's work on the roof at a cost of $900.00.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered whose outcome is the following: That in Case No. 07-4376PL Respondent violated Subsections 489.129(1)(i), (j), (m) and (o), Florida Statutes; Dismiss Count II of the Administrative Complaint in Case No. 07-4376PL; In Case No. 07-4376PL, imposing an administrative fine of $1,000.00 for the violation of Subsection 489.129(1)(i), Florida Statutes; imposing an administrative fine of $5,000.00 for the violation of Subsection 489.129(1)(j), Florida Statutes; imposing an administrative fine of $2,500 for the violation of Subsection 489.129(1)(o), Florida Statutes; no administrative fine is recommended for the violation of 489.129(1)(m), Florida Statutes, because the violation is included in the violations of Subsections 489.129(1)(j) and (o), Florida Statutes; That in Case No. 07-4377PL, Respondent violated Subsections 489.129(1)(i) and (o), Florida Statutes; In Case No. 07-4377PL, imposing an administrative fine of $1,000 for the violation of Subsection 489.129(1)(i), Florida Statutes; imposing an administrative fine of $2,500 for the violation of Subsection 489.129(1)(o), Florida Statutes; Requiring Respondent to make Restitution to Mr. and Mrs. Pang in the amount of $25,000; Requiring Respondent to make Restitution to Ms. Perez in the amount of $900; and Revoking Respondent's contractor license. DONE AND ENTERED this 31st day of March, 2008, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 31st day of March, 2008.
The Issue Does the unsatisfied civil judgment in ABC v Millman et al, Case Number 50 2008 CA 006245 XXXX MB relate to practice of Respondent’s profession, thus establishing that Respondent, Harris M. Millman, violated section 489.129(1), Florida Statutes,(2009)? If he committed the violation, what penalty should be imposed?
Findings Of Fact The Construction Industry Licensing Board has certified Millman as a General Contractor and a Roofing Contractor under the authority of Chapter 489, Florida Statutes. In 2009 and 2010, he held license numbers CGC l1522 (General) and CCC 1327057 (Roofing). Millman’s licenses are presently inactive. Millman has actively practiced the licensed professions of general contractor and roofing contractor in Florida since 1977. The Department and its predecessor agencies have never taken any disciplinary action against him. At all times material to this proceeding, Affiliated was a Construction Qualified Business in the State of Florida, certified under Chapter 489, Florida Statutes, holding license number QB45287. Millman was the Primary Qualifying Agent for Affiliated under Chapter 489, Florida Statutes, at all times material to this proceeding. On December 26, 2005, Millman signed a credit application with American Builders and Contractors Supply Company, Inc., d/b/a ABC Supply Co. Inc. (ABC), on behalf of Affiliated. Millman listed his Certified General Contractor’s License (CGC 011522) on the credit application and personal guarantee Although Millman provided his General Contractor’s license number on the application, ABC did not require a license number. The application indicates that the account is related to “low and steep slope roofing.” The account was for the purchase of roofing materials and supplies. On December 29, 2005, Millman signed a personal guarantee of the Affiliated account with ABC. Millman’s personal guarantee made him personally liable for Affiliated’s obligation to pay ABC. ABC granted the application and opened a line of credit for Millman and Affiliated. Millman and Affiliated used the account to purchase roofing supplies on credit. They purchased and paid for over $800,000 worth of supplies from 2006 into 2009. This is separate from the goods and materials that were the subject of the lawsuit described below. Most of the materials and supplies that Affiliated purchased on the ABC account were for specific roofing projects. But some, as Millman acknowledged in his testimony, were to maintain roofing materials in the Affiliated warehouse. He used these on small jobs and to supplement materials purchased for larger, specific jobs. All the goods and materials purchased related to Millman’s practice of the roofing contracting profession. In 2007 Millman and Affiliated started having financial difficulties. Millman’s business began failing. The failure of a lender that took over a construction project it was financing resulted in the lender not paying Millman for approximately $500,000 worth of his company’s work. This contributed to Millman’s business failure. In addition to Millman’s problems paying ABC, his landlord was evicting him. Millman worked hard during these difficulties to meet his obligations to ABC. He liquidated his Individual Retirement Account and his life savings to make sure he paid for all charges for supplies used for specified customers. He did this to protect customers from the risk of liens being placed on their properties. Millman advised ABC that he was being evicted from his warehouse. He told ABC that the warehouse contained materials obtained with his line of credit that had not been paid for. Millman did not have the ability to return the materials to ABC. As eviction neared, he urged ABC to retrieve the materials before eviction. ABC did not act to retrieve the materials. The landlord evicted Millman. What happened to the materials is not known. On March 4, 2008, ABC sued Millman and Affiliated in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. ABC sought payment for goods and materials purchased on the account and delivered to Millman and Affiliated between January 31, 2007, and January 31, 2008. The court assigned the action Case Number 50 2008 CA 006245 XXXX MB. The goods and materials for which ABC sought payment were roofing goods and materials. They included roofing felt, roofing cement, shingles, plywood, lumber, roofing nails, lead sheets, insulation, roof tile cement, lead boots for pipes, roofing paint, asphalt, and galvanized roof edging. Much, although not all, of the material was delivered to roof tops. Many invoices for the material describe the roof for which the material is intended by height and pitch. The goods and materials related to Millman’s profession of roofing contractor. On June 17, 2008, barely three months after ABC filed suit, Millman entered into a Stipulation for Payment with Judgment upon Default with ABC. Millman agreed in the Stipulation for Payment with Judgment upon Default, that both he as an individual and Affiliated are indebted to ABC in the amount of $45,617.02. This amount included interest, attorney’s fees, and costs. The stipulation included a schedule of eight payments starting with a payment of $2,500.00 on May 30, 2008, and ending with a payment of $22,720.02 on December 30, 2008. Millman made payments from January 1, 2007, forward, even during and after the collection litigation. Millman made over $16,000.00 of those payments. But he did not make all of them. As Millman made payments, he took care to designate payments for supplies allocated to a specific customer and job. He did this to protect his customers from liens and to make sure that documents he signed attesting that supplies for specific jobs had been paid for were honest and correct. On August 3, 2009, the court rendered a Final Judgment After Stipulation in ABC’s collection action. The court adjudged that ABC recover $29,617.02 together with interest at the rate of 11 percent per annum accruing from May 31, 2008, from Affiliated and Millman, jointly and severally. The judgment is for debt incurred relating to Millman’s practice of his licensed profession of roofing contracting. It is not related to Millman’s licensed profession of general contracting. ABC continued to actively pursue collecting the judgment. It garnished Millman’s bank account with Bank Atlantic and obtained $662.61. Millman and Affiliated have not fully satisfied the judgment within a reasonable period of time. The Department incurred $216.00 in costs for the investigation and this action.
Recommendation Based on the foregoing Findings of Fact and Conclusion of Law, it is recommended that the Department of Business and Professional Regulation, Construction Industry Licensing Board, enter a final order finding that Respondent, Harris M. Millman, violated Section 489.129(1)(q), Florida Statutes, and imposing the following penalties: Payment of an administrative fine of $500.00 within 180 days of entry of the final order. Payment of costs of investigation and prosecution in the amount of $216.00 within 180 days of entry of the final order. DONE AND ENTERED this 27th day of August, 2010, in Tallahassee, Leon County, Florida. S JOHN D. C. NEWTON, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 2010.
The Issue The issues in this case are whether Respondent, Douglas J. Ringold, Jr., d/b/a Alpha Restoration, Inc., committed the offenses alleged in a four-count Administrative Complaint filed with Petitioner, the Department of Business and Professional Regulation, on January 4, 2008, and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, the Department of Business and Professional Regulation (hereinafter referred to as the "Department"), is the agency of the State of Florida charged with the responsibility for, among other things, the licensure of individuals who wish to engage in contracting in the State of Florida; and the investigation and prosecution of complaints against individuals who have been so licensed. See Chs. 455 and 489, Fla. Stat. Respondent, Douglas J. Ringold, Jr., d/b/a Alpha Restoration, Inc., is and has been at all times material hereto a certified roofing contractor in Florida, having been issued license number CCC 1326506 by the Construction Industry Licensing Board (hereinafter referred to as the “Board”). At all times material hereto, the status of his license has been "Current, Active." At all times material, Mr. Ringold was certified as doing business as Alpha Restoration, Inc. (hereinafter referred to as "Alpha"), a Florida corporation. At the times material, Mr. Ringold was the qualifying agent for Alpha, which possesses a certificate of authority as a contractor qualified business in Florida, license number QB 40272. Alpha’s license was issued May 5, 2005, and it is scheduled to expire August 31, 2010. On or about November 7, 2005, Alpha, through its employee Harry Youdell, met with Jose Fons at Mr. Fons’ residence located at 9922 Southwest 2nd Terrace, Miami, Florida (hereinafter referred to as the “Residence”), to inspect the roof on the Residence. Mr. Fons had not been successful in obtaining approval from his insurance company for replacement of the hurricane-damaged roof. Alpha represented that it would assist Mr. Fons in negotiating with his insurance company to obtain approval for replacement of the roof, which Mr. Fons authorized, in writing, Alpha to do. On January 15, 2006, Mr. Fons and Alpha entered into a written agreement (hereinafter referred to as the “Contract”) whereby Alpha agreed to install a metal tile roof on the Residence in exchange for payment of $27,187.02, with possible increases for “additional payments & supplements,” from Mr. Fons. The Contract provided for a 50 percent material deposit to be paid to Alpha. By check dated January 15, 2006, Mr. Fons paid the 50 percent deposit totaling $13,600.00 to Alpha. At the time the Contract was entered into, Alpha told Mr. Fons that a permit would be applied for the following week and that construction would commence in February. Although there was unsubstantiated hearsay that Mr. Fons was informed that the metal tile roof Mr. Fons was purchasing had not been approved for use in Miami-Dade County, Mr. Fons credibly denied being so informed. The credible, non-hearsay evidence supports a finding that Mr. Fons was not immediately informed that metal tile roofs were not authorized in Miami-Dade County. Despite not providing written or verbal authorization to Alpha to wait more than 30 days after execution of the Contract to apply for the permit for the roof work, no permit was applied for by Alpha for the Residence roof work within 30 days after January 15, 2006. Nor did Alpha commence work of any kind on the project in January or February 2006. During the first week of March, having heard nothing more from Alpha, Mr. Fons called Alpha and inquired about the status of the project. Mr. Fons was told by Mr. Youdell that the metal tile roof had not been approved by the Miami-Dade Building Department (hereinafter referred to as the “Building Department”). Mr. Youdell told Mr. Fons it would take another 30 days to obtain a permit. As of April 2006, Alpha had not commenced work or contacted Mr. Fons. Therefore, Mr. Fons called and spoke to Mr. Youdell about the status of the project. Mr. Fons was again told that the metal tile roof had not been approved and that testing of the roof would take another 30 days. In fact, Alpha had not made application for any permit for the Residence roof job through April 2006. On May 11, 2006, approximately 114 days after receiving Mr. Fons’ deposit, Alpha finally submitted an application for the permit with the Building Department. The application was designated C2006169450 by the Building Department. In May 2006, Mr. Fons again contacted Alpha to inquire about the project, since no work had been started and he had not heard from Alpha. For the third time, Alpha told Mr. Fons that the roof had not gained approval from the Building Department and that another 30 days was needed. In June 2006, Mr. Fons again contacted Alpha. Work on his roof had not started and he had not heard from Alpha. Not surprisingly, Mr. Fons was told for the fourth time that the roof had not gained approval and there would be another 30-day delay. Mr. Fons, who was becoming frustrated with the delay, visited the Building Department and inquired about the project. He learned that Alpha had not applied for a permit until May 2006 and was told that the Building Department had “denied” it on May 16, 2006. Mr. Fons was not told by the Building Department that, despite the “denial,” the permit application remained open. By July 2006, Alpha had still not commenced work. Therefore, Mr. Fons contacted Alpha and requested a meeting to discuss alternatives to the metal tile roof. Obviously, Mr. Fons was aware that metal tile roofs were not approved for use in Miami-Dade County since entering into the Contract. While no work had commenced from January 15, 2006, when the written agreement was entered into and the deposit was made, through July 2006, Mr. Fons effectively agreed to wait for Alpha to attempt to gain approval for the metal tile roof from the Building Department. Having obtained Mr. Fons’ approval, Alpha could not have commenced work on the project through July 2006. On July 17, 2006, Alpha, through Mr. Youdell, met with Mr. Fons at the Residence. Because of the delays that had been caused by the failure of Alpha to gain approval of the metal tile roof from the Building Department and with assurances that the contract price would be the same, Mr. Fons agreed to accept, and Alpha agreed to provide, a tile roof. Alpha represented to Mr. Fons that the tile roofing material was in-stock, that a permit would be obtained within a week, and that construction would commence by mid-August 2006. Between July 25, 2006, approximately a week after the July 17, 2006, meeting, and August 7, 2006, Mr. Fons monitored the Building Department’s web-site to see if Alpha had applied for a permit for the tile roof. When there was no indication that the permit had been applied for, Mr. Fons called Alpha on August 8, 2006. Mr. Youdell told him that the permit had been applied for and it had not appeared in the computer system because the Building Department was backlogged. Mr. Youdell told Mr. Fons that Alpha would be at the Residence in ten days to at least clean up debris. As of August 18, 2006, no new permit had been applied for and no one from Alpha had been to the Residence. Consequently, Mr. Fons wrote and delivered a letter by facsimile addressed to Mr. Ringold, stating, in part, the following: After months of dealing with you, this is my formal request for a full refund of $13,600 paid to you January 15, 2006, with my personal check #6408. Said amount was a deposit for the contract for the replacement of the roof at my residence located at 922 SW 2 Terrace, Miami, FL. As you are aware of, Florida Statutes 489.126 demands that you apply for the necessary permits within 30 days after the initial payment (my payment to you on 1-15- 06 $13,600). Please do not call me, from now on all communications will be done in written form. If you fail to refund my deposit within 10 days, please be advised that I will file a complaint . . . . Since we are now in August, and you have not commenced work at my residence, this is my demand letter for a check in full refund of my deposit within 10 days of receipt of this letter. On August 24, 2006, after having received Mr. Fons’ August 18, 2006, letter, Alpha submitted an on-line application for a tile roof for the Residence. The matter was designated W2006262830. This permit application was not approved because Alpha failed to complete the application process. When he did not receive a response to his August 18, 2006, letter, Mr. Fons wrote a second letter to Alpha, which was mailed by certified mail on or about September 4, 2006. In the second letter, Mr. Fons indicated that the ten-day deadline set out in his previous letter had passed without response and he again requested the return of his deposit. On September 3, 2006, the original metal tile roof permit application was rejected by the Building Department. On September 8, 2006, the permit application, having been converted from a metal roof to a tile roof, was approved and issued as permit number 2006126043. On September 6, 2006, after Alpha had applied for and obtained a permit, Mr. Fons finally received a written response from Alpha to his August 18, 2006, letter. In the response, Mr. Ringold suggests the following: “At the signing of your contract you were aware that ‘Metro Steel Tile’ did not have Miami Dade approval and you were willing to wait for such to be approved. This made securing a permit in 30 days impossible and you were completely aware of that at the time.” Mr. Ringold’s understanding of Mr. Fons’ “understanding” has not been substantiated by the evidence presented in this case, and is, therefore, rejected. Mr. Ringold goes on to accurately suggest that Mr. Fons and Alpha had modified the agreement in July, when it was agreed that a tile roof would be placed on the Residence. Mr. Ringold then suggests that any delay in applying for a permit after July was due to the need to ensure that the tiles were delivered, facts Mr. Fons was not previously apprised of. Mr. Ringold ends the letter as follows: We have confirmed that your tile is acquired and have applied for your permit. Had we been informed that you were so concerned that your permit be pulled immediately we would have been more than happy to do so. We never worry about getting the permit in Dade County as they are very effective in issuing permits in a timely manner [a fact which Mr. Youdell was apparently not aware of, given his representation to Mr. Fons that the Building Department was back logged]. I do not understand the reason for the letter? We sincerely have always had your best interest at heart, and want to proceed with the install. I am confident that you will be pleased with the finished product. Please if you would contact me directly at . . . to discuss this matter. On September 11, 2006, Mr. Fons found a copy of permit number 2006126043, issued on September 8, 2006, on the door of the Residence. Other than a letter from Mr. Fons to Alpha dated October 23, 2006, requesting a list of subcontractors and suppliers used by Alpha, there was no further correspondence between Alpha and Mr. Fons. Nor did Alpha make any effort to fulfill its obligations under the Contract. Ultimately, permit number 20066126043, issued September 8, 2006, was cancelled based upon a February 7, 2007, request from Alpha. No work took place on the project for more than 90 days after the permit was issued. Based upon the foregoing, more than six months passed after the Contract was entered into without any work being performed by Alpha: January 15, 2006, to July 17, 2006. While the evidence failed to prove that Mr. Fons was fully informed at the time the Contract was entered into that the metal tile roofing he had selected was not approved for use in Miami-Dade County and, therefore, securing a permit would take some time to acquire, he was eventually informed of these facts. Ultimately, Mr. Fons acquiesced to the delay in commencing work between January 15, 2006, and July 17, 2006, when Mr. Fons and Alpha agreed to a modification of the Contract; in particular, to replace the roof on the Residence with a tile roof. There was, therefore, no “abandonment” of the project between January and July 2006. Between July 17, 2006, and February 2007, a period of eight months, no work was performed on the project. In fact, after early September 2006 there was no meaningful communication between Mr. Fons and Alpha. Viewing the evidence most favorably to Alpha, Alpha had informed Mr. Fons in a letter he received on September 6, 2006, that the tiles were available (the evidence failed to substantiate this claim; if the tiles had been “available” they would have been delivered directly to the Residence), the permit had been obtained, Alpha indicated its willingness to fulfill its obligation, and Alpha attempted to place the ball in Mr. Fons’ court by asking that he call to discuss the matter, and Mr. Fons had demanded a return of his deposit. Viewing the evidence most favorably to Mr. Fons, he had been waiting for eight months to have his roof repaired; he had on a monthly basis had to initiate contact with Alpha and every time he did, was told “it will be another 30 days”; Alpha had taken until May 2006 to make its first application for a permit, despite the fact that Alpha had represented to Mr. Fons that the permit would be obtained in January and that work would commence in February, the monthly representations that the permit had been applied for but was being held up by the Building Department. After renegotiating his contract, Mr. Fons was again told that the permit would be pulled within a week and that work would commence within a month. Despite these representations, no permit was applied for until after his August 18, 2006, letter was received and that permit was never approved. When Mr. Fons did finally complain and request the return of his deposit, although it had only been a month since renegotiating the type of roof to be placed on the Residence, Alpha did not respond until September 6, 2006, and only responded after finally obtaining a permit. Given these circumstances, the suggestion of Alpha that “[w]e sincerely have always had your best interest at heart, and want to proceed with the install” must have seemed disingenuous to Mr. Fons. Weighing the foregoing facts, it is ultimately found that simply “offering” to proceed, despite Mr. Fons’ demand for the return of his deposit, was simply too little, too late. Given the total eight-month delay in the project and all the misinformation Mr. Fons had been given by Alpha, and especially in light of the fact that Alpha had $13,600.00 of Mr. Fons’ money for which it had performed no work whatsoever, Alpha should have done more to attempt to fulfill the contract. Failing to do more under these circumstances constitutes an abandonment of the project to the financial detriment of Mr. Fons. On February 21, 2007, Mr. Fons contracted with another company to install a tile roof on the Residence. Work commenced February 23, 2007, and was completed March 5, 2007. Mr. Fons has suffered a loss of $13,600.00 as result of Alpha’s failure to fulfill its obligations under the Contract. The total costs of investigation incurred by the Department in this case, excluding costs associated with any attorney time, was $342.42.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Douglas J. Ringold, Jr., d/b/a Alpha Restoration, Inc., violated the provisions of Section 489.129(1)(g)2., (i), (j), and (m), Florida Statutes, as alleged in Counts I, II, III, and IV of the Administrative Complaint; imposing fines of $1,500.00 for Count I, $500.00 for Count II, and $2,500.00 for Count III; requiring that Mr. Ringold make restitution to Mr. Fons in the amount of $13,600.00; requiring that Mr. Ringold pay the costs incurred by the Department in investigating and prosecuting this matter; and placing Mr. Ringold’s license on probation for a period of one year, conditioned upon his payment of the fines, restitution to Mr. Fons, payment of the costs incurred by the Department, and any other conditions determined to be necessary by the Board. DONE AND ENTERED this 10th day of February, 2009, in Tallahassee, Leon County, Florida. LARRY J. SARTIN 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 10th day of February, 2009. COPIES FURNISHED: Brian P. Coats, Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2022 Paul Buschmann, Esquire Hinshaw & Culbertson, LLP One East Broward Boulevard, Suite 1010 Fort Lauderdale, Florida 33301 W. Harrell, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Ned Luczynski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is recommended that the Construction Industry Licensing Board issue a written reprimand to respondent Elias Davis for failure to pull a permit on a roofing job. RECOMMENDED this 5th day of April, 1984, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 5th day of April, 1984.
The Issue The issue is whether Respondent should have an administrative fine or other disciplinary action imposed for allegedly acting as a contractor without a license.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: When the events herein occurred, Respondent, Edsel Mathews, operated a business under the name of Home Repair Roofing in Monticello, Florida. Records of Petitioner, Department of Business and Professional Regulation, Construction Industry Licensing Board (Board), establish that Respondent holds no licenses from that Board and thus he is not authorized to engage in any professions regulated by the Board. Gessie Lee Choice owns a residence at 1701 South Campbell Street, Perry, Florida. In 1995, her home was partially destroyed in a fire. Based on a recommendation by her lender, who was refinancing the repair work, Choice selected Respondent to repair her home. Relevant portions of the City Code of the City of Perry (City) were not made a part of this record. However, testimony established that under the licensing scheme for the City, an individual who has a specialty contractor license from the City may perform residential carpentry work if he works under the supervision of a licensed contractor. Alternatively, the same work may be performed by the license holder if the property owner obtains a building permit and signs an affidavit that he or she will be supervising the work. The license does not, however, authorize the holder to perform air-conditioning, electrical, or plumbing work even if the owner supervises the project. In addition, roofing work involving structural changes can only be performed under the auspices of a licensed roofing contractor. Respondent held a valid specialty contractor license from the City. On August 7, 1995, Choice obtained a building permit from the City and executed an affidavit stating that she would be supervising the work. Under these circumstances, Respondent was authorized to perform all work on the house except that relating to the plumbing, electrical, and air-conditioning systems. Also, he could not perform any structural work on her roof. The evidence is conflicting as to the representations Respondent made to Choice regarding his qualifications before the two parties executed a contract. The more persuasive evidence supports a finding that he represented he was a "subcontractor," but was not a licensed contractor within the Board's purview. While there is a conflict as to representations regarding his ability to perform plumbing and electrical work, it is found that Respondent simply agreed to procure for Choice a licensed plumber and electrician to do that type of work. Under the agreement executed by Choice, Respondent agreed to "furnish and perform the labor necessary for the completion" of a wide array of work. The items to be completed are listed on Petitioner's exhibit 3 and include removing asbestos from the outside of her house, enlarging three bedrooms and bath, removing an existing tin roof, installing new rafters, reroofing the home, building new cabinets and installing new plumbing and wiring for the kitchen, remodeling the existing bathrooms, building a utility room, installing new windows, insulating walls and ceilings, drywalling all ceilings, installing new carpet and vinyl, and placing vinyl siding on outside of home. Respondent established that even though the contract lists a number of items outside the scope of his authority, he intended to get licensed contractors to perform all work for which he held no authority under his city license. Choice agreed with this assertion. Despite Respondent's offer to obtain other contractors to perform the electrical and plumbing work, Choice selected her own licensed contractors to do that work. She also hired another individual to remove the asbestos from her home. Respondent performed a part of the remaining work, including the installation of a new roof. This latter work involved structural changes upon the house. Respondent made two draws totaling $13,200.00 from the escrowed funds. Also, in September 1995, Choice paid Respondent $446.00 in personal funds to purchase plywood to be placed on the floor and walls of the house. There is no allegation, however, that he failed to perform an equivalent amount of work before he was told by a Board inspector to stop working on the project. A short time after Respondent terminated work, a City building inspector, David Parker, inspected the roofing work performed by Respondent. Parker found that the truss system did not meet building code requirements. Because of numerous code violations, which are enumerated in Petitioner's Exhibit 9, the entire roof system had to be removed and reinstalled. Parker also noted that Respondent's work involved structural changes not authorized under his license. In mitigation, however, it is found that Respondent believed that he was authorized to do this work under his local license. Choice was forced to hire a licensed roofing contractor to reroof her home. That contractor described Respondent's workmanship as "not good." In order to correct the deficiencies and complete the remodeling project, Choice expended another $12,000.00 over and above her original contract price of $33,490.00. Except for this incident, there is no evidence of Respondent violating Board rules and statutes relating to contracting.
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 violating Section 489.127(1)(f), Florida Statutes, and that a fine in the amount of $1,000.00 be imposed, to be paid within such time as the Board deems appropriate. A decision on Petitioner's request for the assessment of costs against Respondent under Section 455.227(3), Florida Statutes, is deferred to the Board. Finally, Counts I and II should be dismissed. DONE AND ENTERED this 4th day of November, 1997, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 4th day of November, 1997. COPIES FURNISHED: John O. Williams, Esquire Post Office Box 14267 Tallahassee, Florida 32317 Clifford L. Davis, Esquire Post Office Box 1057 Monticello, Florida 32345 Rodney Hurst, Executive Director Construction Industry Licensing Board 7960 Arlington Expressway, Suite 300 Jacksonville, Florida 32211-7467 Lynda L. Goodgame, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Respondent, Clayton R. La Rose, committed the offenses alleged in the Administrative Complaint and, if so, what penalty should be imposed against his general building and roofing contractor's license.
Findings Of Fact At all times pertinent to these proceedings, Respondent, Clayton La Rose, was a certified general and roofing contractor having been issued License Nos. C-7778 and RG0066646. Respondent was doing business as Atlantis Construction and Roofing, Inc., in St. Petersburg, Florida. On or about November 24, 1997, Respondent entered into an agreement (Agreement) with Thomas and Laura Bitmor to remodel the Bitmor's house located at 7551 9th Avenue South, St. Petersburg, Florida. The Agreement provided that the work was to begin on December 15, 1997, and was to be "substantially completed" by March 15, 1998. Pursuant to the terms of the Agreement, the total cost of the remodeling project was $77,410.00, with progress payments to be made by the Bitmors at various intervals during the contract period. The payment schedule required that the Bitmors pay 50 percent down for materials when they were ordered and the remaining 50 percent balance when the materials were delivered. With regard to labor costs, the Agreement required the Bitmors to pay 50 percent of the labor costs when the specified labor was completed and to pay the remaining 50 percent after the job was inspected. The remodeling project was a complicated one in that it required that demolition and construction work be done simultaneously. The Agreement's Scope of Work, which indicated what labor and materials would be furnished by Respondent as part of the remodeling project, provided in relevant part the following: Demolition of 75% of roof, ceilings in the living room, dining room, kitchen, front right bedroom, approximately 31' of master bedroom wall, 2 planters in the living room, non-bearing ent. Door and wall in foyer. $3,000.00 Roof trusses, 1/2" plywood, 2 x 8 studs to install around all outside walls of house. $14,520.00 Clay roof tiles and 90# roll roofing. $8,715.00 * * * Tile floors 2 bedrooms, foyer, master bed and bath. $5,500.00 Electrical box's [sic] & rewiring only. $1,300.00 Respondent began the remodeling project in December 1997 as required by the Agreement and for the first few months he worked on the project six days a week. During the course of the remodeling project, between January 16, 1998, and July 10, 1998, Respondent called for several inspections to be conducted by the City of St. Petersburg, Construction Services and Permitting Division (City). On January 16, 1998, the City inspected and approved the footer ground, the foundation and slab, and the vertical steel of the remodeling project. The City's second inspection was conducted on February 4, 1998; on that date all inspected items, vertical steel, lintel, and the beam were disapproved. Although the beam was disapproved, there is no indication that it did not meet code requirements. Rather, according to the Inspection History Report, the beam was disapproved because on the date of the inspection, that item was not ready for inspection. On April 21, 1998, the City inspected, but disapproved, the framing of the remodeling project, noting that the work was in progress but was not ready for the framing inspection. On April 29, 1998, the City inspected, but disapproved, the framing of the remodeling project, noting that approval by the City was subject to Respondent's submitting a letter from a structural engineer approving certain work that had not been inspected by the City. The work that was to be approved by a structural engineer included the partial tie beam, all the roof sheathing, all structural framing, anchors, and supports. These items could not be inspected by the City inspector because at the time of this inspection Respondent was "too far along" on the project and those items were no longer visible. Due to problems with the inspections of the remodeling project, the City issued and posted a Stop Work Order on April 29, 1998. On or about May 18, 1998, Respondent provided the City with the required letter from an engineer that was required as a result of the April 29, 1998, inspection. After the City received the letter from the engineer, which approved the items noted in the paragraph above, the City lifted the Stop Work Order and Respondent resumed work on the project. On May 22, 1998, the City conducted a fifth inspection of the remodeling project. The items inspected were the vertical steel, the lintel, and the beams. All work related to these items were approved with the exception of the "partial tie beam rear right bedroom over sliding glass door." The City's approval of work related to the partial tie beam was conditioned on Respondent's providing to the City a letter of approval from an architect and/or structural engineer on "as built structural framing." It is unknown whether Respondent ever submitted the required letter. On July 10, 1998, the City conducted its final inspection of the remodeling project. On that date, the City inspected and approved the columns of the remodeling project. According to City records, Respondent called for a slab inspection on July 22, 1998, but there is no record that the City ever performed the inspection. Clearly, many items inspected by the City were not approved. However, the City inspector who inspected Respondent's work on the remodeling project acknowledged that when, as in this case, demolition and construction are being done simultaneously, it is "impossible to determine if the code is being violated." Given that the demolition and construction were taking place simultaneously to maintain and protect the integrity of the interior of the Bitmor's house, the timing of inspection requests may have prevented such inspections. Respondent did not complete the remodeling project in March 1998 as provided for in the Agreement. However, the March 1998 completion date was put in by contractor and was not required by the Bitmors. In fact, Mr. Bitmor testified that he did not view the contract as being one in which time was of the essence. Between December 1997 and September 25, 1998, Respondent continuously worked on the project. During this time period, Respondent issued invoices totaling $41,567.00 to the Bitmors for materials purchased and for labor performed on the remodeling project. The Bitmors promptly paid all the invoices issued by Respondent. The Bitmors paid Respondent $41,567.00, the total amount invoiced by Respondent. However, Respondent did not perform or satisfactorily perform certain roofing and electrical work for which he charged the Bitmors and for which he was paid. The relevant labor and material costs associated with the roofing and electrical work are as follows: Roof trusses $6,200.00 b. 5/8" plywood $1,600.00 Truss/wall labor $5,520.00 Roof tiles $ 410.00 Electrical labor $ 500.00 Electrical box and wiring $ 300.00 On Wednesday, September 23, 1998, the Bitmors made their last payment to Respondent; this payment was $1,100 for labor on the master bedroom. The following Monday, September 28, 1998, after Respondent did not report to the Bitmors to work on the project, Mrs. Bitmor called Respondent and asked if he would be coming to work the next day. When Respondent told Mrs. Bitmor that he would not return to work on the project until Wednesday, she demanded that he come the next day. Respondent did not report to the Bitmors on Tuesday, but instead went there on Wednesday, September 30, 1998, as he had indicated in his conversation with Mrs. Bitmor. On Wednesday, September 30, 1998, when Respondent reported to work, Mr. Bitmor told him that he would receive no more money until the project was completed. Following Mr. Bitmor's pronouncement, Respondent explained that he could not continue to work without being paid. Nonetheless, in early October 1998, Respondent went to the Bitmors two or three times a week to work on the project. However, later that month, without notifying the Bitmors that he was leaving the job, Respondent stopped all work on the project. When Respondent left the remodeling project, except for the roofing, he had completed approximately 90 percent of the work. Respondent completed two items, dry/plaster labor and the interior painting of the master bedroom, for which he never issued invoices. The respective costs associated with this work was $1,300.00 and $750.00, respectively. The Bitmors never refused to pay for this work, but did not do so because Respondent failed to issue invoices. The Agreement called for Respondent to purchase tile and to install tile floors in the Bitmor's home at a cost of $5,500.00. However, in August or September 1998, the Bitmors asked Respondent if they could get someone else to do the tile work. Respondent agreed to this request and the Bitmors engaged the services of someone other than Respondent to install the floor tiles. Respondent never billed the Bitmors for labor or material connected with the installation of the floor tile. The Agreement called for Respondent to demolish most of the old roof on the Bitmor's house and to install a new tile roof. Respondent began the roofing phase of the remodeling project in January 1998. However, it appears that Respondent never completed the roof. There is no indication that Respondent ever called for an inspection of the roof. Therefore, no official inspection of the roof was ever conducted during the course of Respondent's installing the new roof, the roof trusses and roof sheeting. However, while on site, the City inspector saw some of the roofing work that Respondent was doing on the remodeling project and observed that he was using old sheeting on the roof. Respondent did not install the tile roof as required by the Agreement and the building code. Consequently, the roof will have to be replaced. The Bitmors have secured price proposals from six roofing contractors to determine the cost of installing a roof. The price proposals were $18,970; $16,480; $15,925; $10,660; and $9,240. All six proposals noted that the existing roof would have to be torn off and included this job as part of their proposal price. The Bitmors paid Respondent a total of $6,778 for labor and material costs related to the roofing work. This amount includes the following: $6,200 for roof trusses; $410 for roll roofing; and $168 for plywood for the roof. Pursuant to the Agreement, the cost of the roof tiles and the "roof labor" was $6,300.00 and $2,415.00, respectively. However, except for the $410.00 for the roll roofing, which was included in and assessed from the roof tile category, Respondent never billed the Bitmors nor did they pay for the cost of roof tiles or for labor associated with installation of the roof. The Agreement included a category "truss/wall labor" to be performed at a cost of $5,520.00. This amount was billed by Respondent and paid by the Bitmors. Admittedly, some of the labor included in this category may have been attributable to work that Respondent performed on the roof. However, there is no evidence of what percentage of this labor, if any, was for work performed on the roof. Pursuant to the Agreement, Respondent was required to perform certain electrical work and purchase the materials necessary for that work. The Agreement provided that the total cost of labor and materials for the electrical work was $1,300.00. On March 16, 1998, Respondent issued an invoice to the Bitmors; the invoice included the cost of $800.00 for the labor and materials associated with electrical work on the remodeling project. Of the $800.00, $300.00 was for materials and $500 represented one-half of the total labor cost for the electrical work. Although the Bitmors paid Respondent $800 for the electrical work, Respondent did not perform the electrical work according to the terms of the Agreement. As a result thereof, the Bitmors had the electrical work on the remodeling project performed by Electrical Technicians, Inc., at a cost of $1,191.00. The Bitmors paid Respondent $7,578.00 for work that he failed to perform pursuant to the terms of the Agreement. As described in paragraphs 29 and 32 above, this amount includes $6,778.00 and $800.00 for labor and material costs associated with the roofing work and the electrical work, respectively.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Pinellas County Construction Licensing Board enter a final order finding Respondent, Clayton La Rose, guilty of violating Section 489.129(l)(h) and (k), Florida Statutes, and Chapter 89-504, Section 24(2)(d)(h),(j), (k) and (m), Laws of Florida; imposing an administrative fine of $1,000.00; and requiring restitution in the amount of $7,578.00 be paid to Thomas and Laura Bitmor. DONE AND ENTERED this 13th day of July, 1999, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD 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 July, 1999. COPIES FURNISHED: William J. Owens Executive Director Pinellas County Construction Licensing Board 11701 Belcher Road Largo, Florida 34643-5116 Clayton R. La Rose 123 Eighth Street East Saint Petersburg, Florida 33715-2202
The Issue Whether Respondent should be disciplined for failure to comply with provisions of Florida law?
Findings Of Fact Respondent, George F. Garrard, is licensed as a registered roofing contractor holding State of Florida license number RC 0045805. On May 14, 1986, Respondent entered into a contract with Ronald Skinner to reroof a house located at 2226 Eudine Drive, in Jacksonville, Florida. The contract provided that Respondent would: "Tear off the entire roof to sheeting. Haul off all debris. Install 5 ply-build-up roof. New metal edging." In exchange for the work, the contract called for Respondent to receive $1100.00, $600.00 to be paid in advance for materials and $500.00 to be paid upon completion of the job. 2. Mr. Skinner paid Respondent the $600.00 advance for materials and work on the roof began the following day. While the work on the roof was in progress, Mr. Skinner conducted periodic inspections and noticed that the felt had buckled up. Mr. Skinner asked Respondent how he was going to fix the felt and Respondent said that he could fix the felt by cutting out the buckled parts and patching the felt. Mr. Skinner responded that he had a patched roof before and did not want another; he wanted a new roof. Respondent promised he would fix the problem. Prior to the work being completed, Respondent made a telephone call to Mr. Skinner and asked for payment of the remaining balance on the contract in order to purchase the materials needed to finish the job. Mr. Skinner agreed to meet John T. Garrard (Respondent's son) at the house and pay the balance. Respondent authorized Mr. Skinner to pay John T. Garrard. When Mr. Skinner arrived at the house, John T. Garrard and another person were unloading rocks from a pick-up truck and placing the rocks in a pile on the carport roof. Mr. Skinner paid John T. Garrard $500.00 and John T. Garrard wrote "Paid in Full" on the face of the contract and signed his name. A few minutes after Mr. Skinner left the house, John T. Garrard and the other person also left the house. Two or three days later, Mr. Skinner returned to the house. He noticed that no further work had been done. The rocks which had been unloaded from the pickup truck were still in a pile on top of the carport. Mr. Skinner was afraid the weight of the rocks would damage the carport so he spread the rocks on the roof. There were not enough rocks to cover the whole roof. Also, the rocks were loose because no tar had been spread on the roof to hold the rocks in place. Mr. Skinner contacted Respondent or someone in his household several times, and Respondent assured him he would finish the job. No further work was done on the roof by Respondent. Mr. Skinner last contacted Respondent by letter dated January 26, 1987, wherein he asked that Respondent finish the job since he had been paid in full. On the date of the hearing, the roofing job had not been completed. The rocks were still insufficient to cover the entire roof, no tar had been spread to hold the rocks in place, and the felt was still buckled in various places. Respondent never obtained a building permit for the reroofing job.
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 violating Sections 489.129(1)(d) and (k), Florida Statutes, and imposing a fine of $2,000 on Respondent. DONE and ENTERED this 30th day of March, 1988, in Tallahassee, Florida. JOSE A. DIEZ-ARGUELLES 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 30th day of March, 1988. COPIES FURNISHED: David L. Swanson, Esquire Department of Professional Regulation 120 North Monroe Street Tallahassee, Florida 32399-0750 George F. Garrard 4622 Tabernacle Place, East Jacksonville, Florida 32207 Fred Seely Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 William O'Neil, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
