Findings Of Fact The Parties. The Petitioner is an agency of the State of Florida charged with responsibility for regulating and disciplining, among others, licensed registered general contractors in the State of Florida. Section 20.30, and Chapters 120, 455 and 489, Florida Statutes. At all times relevant to this proceeding, the Respondent, Ernest E. Lee, was licensed as a registered general contractor in the State of Florida. Mr. Lee holds license number 0052441. Mr. Lee was registered to do business as an individual. DPR exhibit 1. At no time relevant to this proceeding was Mr. Lee licensed as a roofing contractor. Mr. Lee's First Contract with Mr. and Mrs. Rogero. On or about February 14, 1991, Joyce A. Rogero accepted a proposal dated February 11, 1991 (hereinafter referred to as the "First Contract"), from Mr. Lee for construction management on a building owned by Albert L. and Joyce Rogero. DPR exhibit 3. The Rogero's building is located at 142 King Street, St. Augustine, St. Johns County, Florida (hereinafter referred to as the "Rogero Property"). The Rogero Property was being used as an automobile parts retail shop and jobber's outlet. There was also a mechanic's shop in the rear of the Rogero Property which the Rogero's leased. Pursuant to the First Contract, Mr. Lee was to be paid $150.00 upon acceptance of the proposal and $10.00 per hour for all work performed by Mr. Lee, with a minimum of one hour per work day until the First Contract was fulfilled or cancelled. DPR exhibit 3. On or about February 21, 1991, Mr. Lee filed a Notice of Commencement with the St. Johns County Planning and Building Department concerning the First Contract. In the notice Mr. Lee described the work to be performed as "[r]eplace decayed wood repair roof as necessary." DPR exhibit 5. On or about February 21, 1991, Mr. Lee filed an Application for Building Permit with the City of St. Augustine for the work to be performed on the Rogero Property. DPR exhibit 18. See also DPR exhibit 20. Mr. Lee described the work to be performed as follows: Remove all roof gutters - 2. Remove decayed wood & replace 3. Frame in gable ends - 4. Point up cracks in masonry exterior walls 5. Install new garage door (See plans) On or about March 6, 1991, the City of St. Augustine issued a building permit to Mr. Lee for the Rogero Property. DPR exhibit 19. The only roof work mentioned by Mr. Lee in the permit and permit application was incidental work caused by the demolition of part of the Rogero Property. Work was performed on the Rogero Property pursuant to the First Contract by Mr. Lee and Jim Rogers. For these services, Mr. Lee was paid $848.39 between February 14, 1991 and March 15, 1991. Mr. Rogers was paid $1,432.00 between February 14, 1991 and March 22, 1991. DPR exhibit 4. Work Performed by Jim Rogers. The evidence in this case failed to prove whether Mr. Rogers was an employee of Mr. Lee or was acting as an independent contractor. While Jim Rogers performed work pursuant to the First Contract under the supervision of Mr. Lee, Mr. Rogers was paid directly by the Rogeros for the hours he worked. At all time relevant to this proceeding, Jim Rogers was not licensed to perform construction contracting in the State of Florida. See DPR exhibit 2. Mr. Lee's Second Contract with Mr. and Mrs. Rogero. While performing the work called for by the First Contract, Mr. Lee attempted to repair leaks above a store room in the Rogero Property without much success. The roof did not leak over the mechanic's shop at the time that Mr. Lee was performing the work on the First Contract. During the summer of 1991 the Rogero Property roof still leaked. Upon inquiry by the Rogeros, Mr. Lee informed the Rogeros that the roof would have to be replaced to prevent further leaking. On June 10, 1991, Mr. Lee submitted a proposal to Mr. Rogero for completion of the following work: Install 1 x 4 P.T. purling over existing roof. Install V crimped roofing to purlings. Flash three sides - south - west - east to existing structure. Refill pitch pockets. DPR exhibit 7. Pursuant to this proposal, Mr. Lee offered to construct a metal roof over the existing flat portion of the roof of the Rogero Property. Mr. Lee assured the Rogeros that the metal roof would correct the leaking problem. The June 10, 1991, proposal (hereinafter referred to as the "Second Contract"), which was accepted by the Rogeros, provided for the payment to Mr. Lee of $2,000.00 upon acceptance and $500.00 upon completion of the work. DPR exhibit 7. Mr. Lee did not apply for, or obtain, any permit from the City of St. Augustine for the work to be performed pursuant to the Second Contract. Nor did the permit issued for the First Contract authorize the roof work Mr. Lee was to perform, or that he actually performed, pursuant to the Second Contract. Mr. Lee proceeded to begin construction of a metal roof over the existing flat portion of the roof on the Rogero Property. As work progressed on this portion of the roof, heavy leakage from the roof over the mechanic's garage began for the first time. After leaks in the roof occurred in other parts of the Rogero Property, Mr. Lee suggested that it would be necessary to construct the metal roof over the rest of the roof of the Rogero Property. It was agreed, therefore, that the entire roof of the Rogero Property would be covered by a metal roof. As Mr. Lee began to sheath over the hip portion of the roof of the Rogero's Property, the leakage became worse. The Rogeros paid Mr. Lee a total of $6,000.00 for the work he performed on the roof. DPR exhibit 8. Stop Work Order. Following receipt of a complaint by the City of St. Augustine Building Department from a general contractor about the construction at the Rogero Property, a City of St. Augustine inspector visited the Rogero Property. As a result of this site visit, the City of St. Augustine issued a Stop Work Order for Violation form ordering that construction on the Rogero Property be stopped. DPR exhibit 9. Work was ordered stopped because Mr. Lee had failed to obtain a permit for the "new roof over existing roof." DPR exhibit 9. Following issuance of the work stop order, Michael Griffin, Chief Building Inspector for the City of St. Augustine, became concerned about the appropriateness of the metal roofing material being used by Mr. Lee to re-roof the Rogero Property and the fact that Mr. Lee was not a licensed roofing contractor. The City of St. Augustine building code required that the type of work Mr. Lee was performing be performed by a licensed roofing contractor. The building code also required that metal roofing material for a building such as the Rogero Property be of a minimum gauge of 29. The metal being used by Mr. Lee was 31-32 gauge, a lower, and unacceptable, gauge for such roofing material. On August 2, 1991, Mr. Griffin informed Mr. Lee that the grade of the metal roofing material he was using on the Rogero Property was in violation of the City of St. Augustine's building code. See DPR exhibit 26. Rather than correct the deficiency, Mr. Lee filed an application for a variance from the code's metal roofing material requirements. DPR exhibit 27. As a result of the stop work order, and after being told that the metal roofing material was inadequate and learning that Mr. Lee had requested permission to continue to use the material, the Rogeros terminated Mr. Lee's work on the Rogero Property by letter dated August 15, 1991. DPR exhibit 10. Completion of the Roof on the Rogero Property. Following the termination of Mr. Lee's work on the roof, the Rogeros contacted two licensed roofing contractors. Mr. Lee did not, however, subcontract with a licensed roofing contractor. On August 20, 1991, the Rogeros contracted with Arnett Roofing (hereinafter referred to as the "Arnett Contract"), to remove the roofing material installed by Mr. Lee and to construct a built-up, shingled roof. DPR exhibit 11. The Arnett Contract provided that the Rogeros were to pay $16,000.00 for the agreed work. The Rogeros ultimately paid a total of $20,565.00 to Arnett Roofing for work associated with the roof on the Rogero Property: $1,836.00 for removal of the roof material Mr. Lee had placed on the Rogero Property; and $18,729.00 for the installation of a new roof. See DPR exhibits 12, 13 and 14. The roofing material Mr. Lee placed on the Rogero Property had to be removed. The roof work performed by Mr. Lee suffered from the following deficiencies: The material used on part of the roof (the flat portion) was improper in light of the slope of the roof; The gauge of the metal roofing material used by Mr. Lee was insufficient for the Rogero Property; The flashings were improperly installed and would not prevent leaking; There was a substantial amount of rotten wood underneath portions of the new roof Mr. Lee had already installed. Strips of 1 x 4 wood that Mr. Lee planned to attach the metal roof to had been nailed to areas of the roof with obviously rotten wood. The rotten wood on the Rogero Property should have been noticed and replaced by Mr. Lee. Because of the amount of rotten wood on the roof of the Rogero Property, and Mr. Lee's failure to remove it, the Rogero Property would have been dangerous had Mr. Lee completed his roof work. The roof that Mr. Lee was installing also would not have prevented further leaking. The Rogeros were also required to contract for the services of a general contractor in order to obtain a permit from the City of St. Augustine to complete the roof work and to complete other work which Mr. Lee had begun during the First Contract. The total amount paid for these services by the Rogeros was $3,222.61. See DPR exhibit 15. The evidence failed to prove what portion of this amount was caused by Mr. Lee's improper conduct in performing the Second Contract. Mr. Lee's Code Violations. The City of St. Augustine has adopted, and requires compliance with, the 1988 Standard Building Code. DPR exhibit 21. Section 103 of the 1988 Standard Building Code provides the following: A person, firm or corporation shall not erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure in the applicable jurisdiction, or cause the same to be done, without first obtaining a building permit for such building or structure from the Building Official. DPR exhibit 22. Mr. Lee violated Section 103 of the 1988 Standard Building Code, and, therefore, violated the building code of the City of St. Augustine. Section 706 of the 1988 Standard Building Code adopts the "SBCCI Standard for the Installation of Roof Coverings." DPR exhibit 23. Section 111.1.2 of the SBCCI Standard for the Installation of Roof Coverings provides the following: Galvanized sheet metal shall be 0.0172-inch (29 ga) thick or heavier, .90 oz (total weight both sides) zinc coating per sq. ft. DPR exhibit 24. The metal used by Mr. Lee on the Rogero Property roof did not comply with Section 111.1.2 of the SBCCI Standard for the Installation of Roof Coverings and, therefore, Mr. Lee violated the building code of the City of St. Augustine. Mr. Lee's Reaction to His Dismissal by the Rogeros and the Rogero's Complaint to the Department. In June of 1991, after the Rogeros had filed a complaint with the Department concerning Mr. Lee, Mr. Lee sent a letter to the Rogeros and several building department officials of the City of St. Augustine threatening the following: THIS INSTRUMENT IN PRESENTED PURSUANT TO CHAPTERS 770 AND 836 FLA. STAT. 1989. NOTICE IS HEREBY GIVEN OF MY INTENT TO FILE A COMPLAINT IN THE STATE OF FLORIDA CIRCUIT COURT IN ST. JOHNS COUNTY. THE TIME ACCRUAL PERIOD WILL COMMENCE UPON RECEIPT OF THIS NOTICE. ACTION WILL BE BASED ON THE PUBLICATION OF ITEMS 1, 2, 3, 4, 5 AND 6, CONTAINED HEREIN AND WILL BE RELATED TO THE TORT OF DEFAMATION AS PER CHAPTERS 770 AND 836, FLA. STAT. 19189. DPR exhibit 16. By letter dated August 16, 1991, Mr. Lee requested the following action be taken by the City of St. Augustine: I HAVE LOST CONTROL OF THE CONSTRUCTION ACTIVITIES OCCURRING AT 142 KING ST. I REQUEST THAT YOU ISSUE A STOP WORK ORDER ON ALL ACTIVITIES. DPR exhibit 28. Mr. Lee has made no effort to make restitution to the Rogeros for any damages incurred by them. I. Costs. The Department incurred $4,319.41 in costs associated with the investigation and prosecution of this matter.
The Issue Whether Respondent, Glenn V. Curry, committed the offenses alleged in the Administrative Complaint and, if so, what discipline should be imposed against Respondent's roofing contractor's license.
Findings Of Fact At all times pertinent to this proceeding, Respondent, Glenn V. Curry, was a certified roofing contractor having been issued license C-3810. During times material hereto, Respondent was the qualifying contractor for Economic Roofing Company, 2538 Surinam Court, Holiday, Florida. On or about December 27, 1995, Connie Socash, an investigator with the Pinellas County Construction Licensing Board, observed two individuals performing roofing work on the structure located at 2024 Cleveland Street in Pinellas County, Florida. Adjacent to the Cleveland Street property was a truck from which the individuals were working. Affixed to the truck was a magnetic sign with the words "Economic Roofing" printed on it. When approached by Ms. Socash, the two people performing the roofing work stated that they were subcontractors for Economic Roofing. One of the individuals performing the roofing work identified herself as Bonnie Sargent. However, neither of the individuals provided Investigator Socash with a roofing contractor's license or license number. After determining that Petitioner had not issued a roofing contractor's license to Bonnie Sargent, Investigator Socash issued a citation to the person identifying herself as Bonnie Sargent. The citation was issued to Ms. Sargent for subcontracting and performing "roofing work without a competency license as required by law." The citation, which was signed by Ms. Sargent, listed the following two options that were available to her: (1) pay a fine of $125.00 within a specified time period; or (2) appear at the Pinellas County Misdemeanor Courthouse on January 19,1996. Ms. Sargent chose the first option and paid the fine of $125.00 on or about January 9, 1996. After issuing the citation to Bonnie Sargent, Investigator Socash contacted Respondent regarding the Cleveland Street roofing project. Respondent refused to cooperate with Investigator Socash and failed to provide her with any information regarding the relationship of Bonnie Sargent to Economic Roofing. Prior to this case, Respondent has not been the subject of any disciplinary action by the Pinellas County Construction Licensing Board.
Recommendation Based on 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, Glenn V. Curry, guilty of violating Section 489.129 (1) (e), Florida Statutes, and Chapter 89-504, Section 24 (2) (d), (e), (j), and (m), Laws of Florida as alleged in the Administrative Complaint. Imposing an administrative fine of $750.00. Suspending Respondent's roofing contractor's certificate for one year. Such suspension may be stayed subject to terms and conditions prescribed by the Pinellas County Construction Licensing Board. DONE and ENTERED this 27th day of August 1996, in Tallahassee, Florida. CAROLYN S. HOLIFIELD Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1996. COPIES FURNISHED: William J. Owens Executive Director Pinellas County Construction Licensing Board 11701 Ulmerton Road Largo, Florida 34643-5116 Glenn V. Curry 2538 Surinam Court Holiday, Florida 34691 Howard Bernstein, Esquire County Attorney's Office 315 Court Street Clearwater, Florida 34616-5165
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 The issues in this case are whether Respondent, Linda Ratliff, d/b/a Suncoast Roofing of Polk County, Inc. (Respondent), violated provisions of Chapter 489, Florida Statutes (2009),1 as alleged in the Administrative Complaint dated June 21, 2010, issued by Petitioner, Department of Business and Professional Regulation, Construction Industry Licensing Board (Petitioner or Department), and, if so, what penalties should be imposed.
Findings Of Fact Petitioner is the state agency charged with regulating the practice of contracting, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. Respondent is, and has been at all times material to the allegations of this case, a certified roofing contractor, license number CCC 058307. Respondent’s license is currently in “probation, active” status. Respondent’s address of record is 2023 Shoreland Drive, Auburndale, Florida 33823. Linda Ratliff, individually, is the licensed, primary qualifying agent for Suncoast Roofing of Polk County, Inc. (Suncoast). J. Ratliff works in the family business, and has done so for approximately 17 years. As the primary qualifying agent for Suncoast, Linda Ratliff is responsible for the supervision of all operations of the business. Such operations include, but are not limited to, field work at contract sites, financial responsibility for the entity, and all contractual obligations of the company. In this case, the only contractual obligation in dispute is in relation to a contract between Respondent and Ray and Loretta Noble. On or about February 25, 2009, Respondent entered into a contract (the contract) with Ray and Loretta Noble. The contract described the work to be performed. The address for the property was identified as 1021 and 1023 Brunell Road, Lakeland, Florida. The Noble property was a duplex, and the contract required the owner to pay $6,800.00 “when finish with work.” The terms of the contract specified that Respondent would: remove the old, flat roofing; replace felt with glass base; fix any rotten wood; recover the roof with 1.5 Iso Board installation and Rubber Bitumen; replace roof stacks with new stacks; obtain the permit; torch down Bitumen; install 12-year manufacturer warranty on shingles, 12 years on Rubber Bitumen, 15 TPO; provide a five-year warranty on labor; clean-up and haul off all trash from roof; roll yard with magnetic roller; provide professional job supervision, and re-shingle the front of the apartment. Respondent applied for and received a building permit for the Noble contract on or about February 27, 2009. Thereafter, Respondent proceeded with work on the property. On or about March 3, 2009, Respondent requested payment from Mr. Noble regarding completion of the roof. J. Ratliff, acting in his capacity as an agent for Respondent, represented to Mr. Noble that the job was finished and that payment was due and owing. Based upon Mr. Ratliff’s representations, Mr. Noble believed that the roof had passed inspection, and that the roof had been installed as presented in the contract. Accordingly, Mr. Noble paid Respondent the full contract price for the job. Unbeknownst to Mr. Noble, the new roof did not pass inspection. In fact, the roof never passed inspection. Initially, Respondent failed to perform minor work to ensure that the roof was water tight. For each deficiency identified by a city inspector, Respondent returned to the job site and made minor repairs. Ultimately, the job could not pass inspection due to the placement of air-conditioning units on the roof of the structure. Respondent did not remove the units prior to installing the new roofing system. In order to assure a water- tight roof, the units would have needed to be removed so that roofing materials could be place underneath. Afterward, the units would have to be re-positioned on the roof. Instead, Respondent sealed around the existing air conditioners as best as could be done, but Respondent’s work did not prevent water from intruding below. After a series of failed inspections, on or about July 7, 2009, city officials, Respondent, and the property owner met at the job site to determine what could be done to cure the roof problems. City officials advised the property owner that the air-conditioning units would need to be moved to allow the installation of roofing material and re-set afterwards. Mr. Noble did not want to incur the cost of the additional project. Respondent also refused to correct the job so that it could pass inspection. Respondent advised Mr. Noble that it would cost an additional $800.00 to have a licensed person remove the units and re-set them. Respondent and Mr. Noble reached an impasse and neither would compromise. Respondent never returned to the job site, and did not obtain an acceptable inspection for the work performed. Eventually, Mr. Noble had another company re-roof the structure and incurred an additional $7,400.00 in roofing expenses. Respondent did not refund any of Mr. Noble’s money, nor did Respondent honor the terms of the contract. The roof failed not fewer than seven inspections and several of the failures were unrelated to the issue associated with the air- conditioning units. The investigative costs for this case totaled $325.90. Respondent has prior disciplinary action against the license, as noted in Petitioner’s Exhibit C. Respondent’s claim that an additional licensee would have been required to remove the air-conditioning units and re- set them, is not mitigation of the circumstances of this case. Respondent had the option of not undertaking a project that required the removal of the air-conditioning units, in order to assure a water-tight result. As the licensed party, Respondent knew or should have known how to install a water-tight roofing system.
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 violating the provisions of law found in Counts I, II, III, IV, VI, and VII. Based upon the guidelines, past disciplinary actions against the Respondent, and a totality of the circumstances, it is further recommended that an administrative fine in the amount of $5000.00 be imposed for the violations noted above. Also, it is recommended that Respondent’s license be suspended for six months. Finally, it is recommended that Respondent be required to reimburse Petitioner for the investigative and other costs incurred in this case to the full extent allowed by law. DONE AND ENTERED this 30th day of December, 2010, in Tallahassee, Leon County, Florida. S J. D. PARRISH 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 30th day of December, 2010.
Findings Of Fact At all times here relevant Respondent was licensed as a roofing contractor and qualifying agent and owner of Handyman Service Company, Pinellas Park, Florida. In November or December 1982, representatives of Sandalwood Club Association contacted Richard Fabrizi, who was acting as sales agent for Handyman Service Company, about some repairs desired at their condominiums. Fabrizi advised Respondent and several meetings were held with Sandalwood representatives after which contract proposals for work desired by Sandalwood were presented by Respondent. It became apparent that complete reroofing of the Sandalwood condominiums was needed; however, the association did not have sufficient funds at that time for such a project. As a result of the negotiations a repair contract was entered into between Handyman and Sandalwood Club whereby Handyman contracted to perform certain work for $16,000 (Exhibit 1). At about the time this contract was entered into Pinellas Park became incorporated and established its own building department. Respondent was qualified to perform roofing contracting in Clearwater, in whose jurisdiction Sandalwood was placed before Pinellas Park, but he had not qualified to contract in Pinellas Park. When this was realized, Respondent engaged the services of Edgar Plumtree, a licensed contractor, to pull permits and supervise the roofing at Sandalwood. The permit for this work (Exhibit 2) was signed by Joseph A. Saturno, contractor, but no evidence was presented regarding Saturno or how his name came to appear on Exhibit 2. Expert testimony was presented that the work proposed to be performed in Exhibit 1 constituted much more than repair work; however, Respondent's witness's testimony that the contract was intended by all parties to be a temporary repair, guaranteed for three years, was unrebutted. Expert testimony that the use of 90# mineral-coated roofing material in valleys did not comply with the Southern Standard Building Codes, which has been made applicable to Pinellas Park, was modified on cross-examination by testimony that such material could be used for repairs if approved by the building inspector. The evidence was unrebutted that the building inspector approved the use of the 90# roofing in the valleys. The expert witness further found violation of codes when a coating material was placed over aggregate surface on a flat roof or aggregate was reused without cleaning; however, on cross-examination this witness acknowledged that rerocking was not a code violation if sold as a repair in lieu of new roof. He did not consider the scope of the work shown in Exhibit 1 to be compatible with a minor repair, despite the intent of the parties to so treat this work. The work on the Sandalwood project was completed in March 1983. Sandalwood was in the process of issuing a contract to replace the shingles on their sloping roofs and in May 1983 Respondent met with Sandalwood Condominium Association as one of the bidders was unhappy with the roofing repairs done by Handyman. Due to brittle shingles the tie-ins were unsatisfactory. An appointment was set up with representatives of the Pinellas Park Building Inspector, Sandalwood representatives, and Handyman representatives. Handyman was also bidding on the shingle replacement contract. On May 26, 1983, this meeting was held including the successful bidder (Baker) on the shingle roof replacement contract. The building inspector, Respondent, Baker, and Sandalwood representatives went on the roofs. The building inspector suggested Baker do the tie-ins from the work done by Handyman, for which the latter agreed to pay, but Baker declined. Thereafter, the flashing between the shingle roofs and the flat roofs was installed by Handyman and the shingles by Baker. Exhibit 6 indicates the shingles do not properly cover the flashing. Respondent's testimony that the work performed by Handyman was exactly what Sandalwood requested them to perform was not rebutted.
Recommendation It is RECOMMENDED that Franklin A. Marciano be issued a letter of reprimand for completing a roofing repair contract in a municipality in which he was not licensed. DONE AND ENTERED this 19th day of October 1984 at Tallahassee, Florida. K. N. AYERS 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 19th day of October 1984. COPIES FURNISHED: Charles Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Frank A. Marciano 11327 43rd Street, North Clearwater, Florida 33520 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 James Linnan, Executive Director Board of Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32202
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 that were presented for disposition in the above-styled cases were whether Respondent committed certain alleged violations of Chapter 489, F.S. and if so what discipline is appropriate. As stated below, the parties stipulated to the violations, leaving only the issue of discipline to be resolved.
Findings Of Fact Gordon Lee Cederberg is, and has been at all times material hereto, a licensed registered roofing contractor, having been issued license number RC 0051346, by the State of Florida. At all times material Respondent was the licensed qualifier for Allied American Roofing Company and was responsible in such capacity for supervising its contracting activities. Allied American Roofing Company was dissolved on November 4, 1988. Stipulated Violations By stipulation, Respondent has admitted the following allegations of the amended administrative complaint in DOAH #91-8319: 3. CASE NO. 0106373 COUNT THREE Respondent d/b/a Allied American Roofing contracted with Michael Roberts on April 4, 1988 to reroof a home located at 530 Mason Street, Apopka, Florida. The contract price was $942.80 and was paid in full. Respondent proceeded to complete the job without obtaining a permit and securing required inspections from the City of Apopka Building Department. By the reason of the foregoing allegations, Respondent has violated Section 489.129(1)(d), F.S., in that the Respondent willfully and deliberately disregarded and violated the applicable building code of a municipality, to wit, Apopka, Florida, by failing to obtain a permit and inspection is as required by that municipality. 4. CASE NO. 0107766 COUNT FOUR Respondent's license was under suspension by the Florida Construction Industry Licensing Board between August 10, 1988, and March 3, 1989. Respondent d/b/a Allied American Roofing contracted with Nancy Wiegner on September 22, 1988, to reroof a home located at 15 Kentucky Street, St. Cloud, Florida. The contract price was $1,600.00 and it was paid in full. Respondent commenced work under the contract but failed to obtain a permit prior to commencing such work from the City of St. Cloud, Florida, and the municipality issued a stop order on the job. Respondent further engaged in contracting in a municipality where he had not registered. By reason of the foregoing allegation, Respondent has violated Section 489.129(1)(j), F.S., in that he failed in a material respect to comply with the provisions of Section 489.117(2), F.S., in that he engaged in contracting in a municipality, to wit, St. Cloud, Florida, where he had failed to comply with the local licensing requirements for the type of work covered by his registration. COUNT FIVE By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(d), F.S., in that Respondent willfully deliberately disregarded and violated the applicable building code of a municipality, to wit, St. Cloud, Florida by failing to secure a permit as required by that municipality. COUNT SIX By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S., by engaging in contracting while his license was suspended. COUNT SEVEN By reason of the foregoing allegations, Respondent has violated 489.129(1)(m), F.S., by committing gross negligence, misconduct, and/or incompetency in the practice of contracting. 8. CASE NO. 0112740 COUNT EIGHT Respondent d/b/a Allied American Roofing contracted with Emma Smith on October 3, 1988 to reroof a home at 1911 Mullet Lake Park Road, Geneva, Seminole County, Florida. The contract price was $4,100.00 and it was paid in full. Respondent proceeded to complete the job without obtaining a permit and securing required inspections from the Seminole County Building Department. Respondent failed to properly construct a watertight roof which continued to leak and caused damage to the home. Respondent has failed to honor the five (5) year labor and twenty (20) year material warranty that was part of the said contract, although he was requested to do so. By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(n), F.S., in that the Respondent proceeded on a job without obtaining an applicable local building department permit and inspections. COUNT NINE By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S., by engaging in contracting while his license was suspended. COUNT TEN By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act of gross negligence, incompetency and/or misconduct in the practice of contracting by failing to honor the written warranty described in paragraph twenty-six above. COUNT ELEVEN By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. 12. CASE NO. 89-001674 COUNT TWELVE Respondent d/b/a Allied American Roofing Company contracted with Thelma Beck to reroof a home at 3910 Pineland Ridge Road, Orlando, Orange County, Florida on January 26, 1989 for a price of $2,270.00. Respondent accepted a $100.00 deposit for said job; the work was not begun and the $100.00 deposit was returned to Mrs. Beck. By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S., by engaging in contracting while his license was suspended. COUNT THIRTEEN By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. COUNT FOURTEEN Respondent d/b/a Allied American Roofing contracted with Morris Remmers to reroof a home at 8719 Butternut Boulevard, Orlando, Orange County, Florida, on or about February 23, 1989. The contract price was $2,870.00 and it was paid in full. Respondent proceeded to complete the job without obtaining a permit and securing required inspections from the Orange County Building Department. By reason of the foregoing allegation, Respondent is guilty of violating Section 489.129(1)(n), F.S., in that Respondent proceeded in a job without obtaining an applicable local building department permit and inspections. COUNT FIFTEEN By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S., by engaging in contracting while his license was suspended. COUNT SIXTEEN By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. 17. CASE NO. 89-008737 COUNT SEVENTEEN Respondent d/b/a Allied American Roofing contracted with Robert Speirs to reroof a dwelling at 2467 Fieldingwood Road, Maitland, Seminole County, Florida on or about October 14, 1988. The contract price was $3,600.00. Respondent proceeded to work the job but failed to obtain a permit and secure required inspections from the Seminole County Building Department. Respondent failed to properly construct a water tight roof which continued to leak. Respondent failed to honor the three (3) year labor and twenty (20) year material warranty that was part of the contract although he was requested to do so. By reason of the aforesaid allegations, Respondent has violated Section 489.129(1)(n), F.S., in that Respondent proceeded on a job without obtaining an applicable local building department permit and inspections. COUNT EIGHTEEN By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S., by engaging in contracting while license was suspended. COUNT NINETEEN By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act of gross negligence, incompetency and/or misconduct in the practice of contracting by failing to honor his written warranty described in paragraphs forty-seven above. COUNTY TWENTY By reason of the aforesaid allegations, Respondent is guilty of violating 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. 21. CASE NO. 109636 COUNT TWENTY-ONE Respondent d/b/a Allied American Roofing Company contracted with Daniel J. Doherty to reroof a home at 225 Dover Wood Road, Fern Park, Seminole County, Florida on October 2, 1988, for the contract price of $3,590.00 which was paid in full. Respondent proceeded to complete the job without obtaining a permit and securing required inspections from the Seminole County Building Department. Respondent failed to construct a watertight roof, which contributed to water damage to the interior of Mr. Doherty's home. Respondent failed to honor the five (5) year labor and twenty (20) year material warranty that was part of the contract, although he was requested to do so. By the reason of the foregoing allegations, Respondent has violated Section 489.129(1)(n), F.S., by proceeding on the job without obtaining a local building department permit and inspections. COUNT TWENTY-TWO By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S. by engaging in contracting while his license was suspended. COUNT TWENTY-THREE By reason of the foregoing allegations, Respondent has violated 489.129(1)(m), F.S., by committing gross negligence, misconduct, and/or incompetency in the practice of contracting by failing to honor his warranty as described in paragraph fifty-six above. COUNT TWENTY-FOUR By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. COUNT TWENTY-SEVEN Respondent d/b/a Allied American Roofing contracted with Gloria Viruet to reroof a home at 3010 (renumbered to 3007) Northwood Blvd., Orlando, Orange County, Florida on June 7, 1988. The contract price was $3,500.00. Respondent proceeded to complete the job without receiving a permit and securing required inspections from the Orange County Building Department. The Respondent failed to properly construct a watertight roof and a leak developed after construction. Respondent failed to honor the five (5) year labor and twenty (20) material warranty that was part of the said contract, although he has been requested to do so. By reason of the aforesaid allegations, Respondent has violated Section 489.129(1)(d), F.S., in that Respondent willfully and deliberately disregarded and violated the applicable building code of a County, to wit, Orange County, Florida by failing to obtain a permit and inspections as required by that County. COUNT TWENTY-EIGHT By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting, by failing to honor his written warranty described in paragraphs seventy. COUNTY TWENTY-NINE By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. 28. CASE NO. 0108263 COUNT THIRTY Respondent d/b/a Allied American Roofing Company contracted with John E. Hultin to reroof a home located at 3610 Lakeview, Apopka, Florida on November 7, 1987. The contract price was $2,900.00 and it was paid in full. Respondent proceeded to complete the job without obtaining a permit and securing required inspections from the Seminole County Building Department. Respondent failed to properly install a roof covering, violating Section 103 of the Standard Building Code, 1985 Standard of Installation of Roofing Coverings adopted by Seminole County and Seminole County Ordinance Section 40.51. The contract provided for a five (5) year labor warranty and a twenty (20) year material warranty. Respondent made several attempts to correct defects but has not fulfilled his warranty as the roof continued to leak. By reason of the aforesaid allegations, Respondent has violated Section 489.129(1)(d), F.S., in that the Respondent willfully and deliberately disregarded and violated the applicable building code of a county, to wit, Seminole County, Florida by failing to obtain a permit and inspections as required by that county. COUNT THIRTY-ONE By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(d), F.S., in that the Respondent willfully and deliberately disregarded and violated the applicable building code of a county, to wit, Seminole County, Florida by installing the above described roof in a grossly negligent manner and in a manner which violated Section 103 of the Standard Building Code, 1985 Standard of Installation of Roof Covering, adopted by Seminole County and Seminole Ordinances Section 40.51. COUNT THIRTY-TWO By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practices of contracting by failing to honor his written warranty described above. COUNT THIRTY-THREE By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. FACTS RELATED TO RESPONDENT'S PROPOSED MITIGATION Respondent has been engaged in the practice of roofing contracting for over twenty years. Prior to moving to Florida in 1983 his company worked in Michigan, Ohio and Indiana on large commercial jobs. In 1983 he was employed by the Disney company to do commercial roofing work. After licensure in Florida, Cederberg continued with large public works and commercial jobs in Florida. Sometime around 1988, after a disastrous reversal of fortune, the company filed for bankruptcy. Although he was utterly unfamiliar with the practice of residential roof contracting, particularly the demanding supervision involved, Gordon Cederberg began doing residential work. Around this same time Cederberg's wife left him and he was given custody of three children, ages three, six, and nine. He was emotionally distraught and obtained counseling and financial and other support from his church group. Cederberg's roofing contractor's license was suspended by the Construction Industry Licensing Board from August 1, 1988 to March 1, 1989, during which time he continued to work, due to financial pressures. Warranty work was not done due to his financial and emotional straits. According to Cederberg and his witnesses, he is in the process now of turning his life around. He operates on a smaller scale and is able to handle the work. He has one employee and has been able to avoid new complaints. He is still financially unable to provide restitution to the customers previously harmed.
Recommendation Based on the foregoing it is hereby, RECOMMENDED: that the parties' stipulation with regard to dismissals and admissions described above be accepted by the Board and that the following penalty be imposed: a) 1000.00 fine; one year suspension, with this penalty suspended during, and removed upon successful completion of, probation with an appropriate timetable for restitution and the requirement that appropriate continuing education courses are completed; and payment of costs of investigation and prosecution. DONE and ENTERED this 31st day of December, 1992, at Tallahassee, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of December, 1992. COPIES FURNISHED: Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Daniel O'Brien, Executive Director Construction Industry Licensing Board P.O. Box 2 Jacksonville, FL 32202 William S. Cummins, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Jack Snow, Esquire 407 Wekiva Spings Road, Suite 229 Longwood, FL 32779
Findings Of Fact At all times relevant thereto, Respondent, Ronald E. Lotz, held registered roofing contractor license number RC0031773 issued by petitioner, Department of Professional Regulation, Florida Construction Industry Licensing Board. He has been a licensed roofing contractor since February, 1978. His present address is 1650 Palm Avenue, Winter Park, Florida. In April, 1979 Lotz and Allen Hartwell entered into a contract whereby Lotz agreed to install a "new truss, and shingle roof" on Hartwell's house located at 4005 Northwest 19th Avenue, Ocala, Florida. The agreed upon price for the job was $1,225. As is relevant here, Lotz agreed, inter alia, that a "(n)ew exterior siding (would) be used on all gables". According to their agreement, Lotz was to purchase the plywood necessary to complete the work while Hartwell agreed to buy all their necessary materials. Section 6 of Marion County Ordinance 78-5, adopted on January 24, requires that a roofing permit be obtained on all jobs where the value of the work exceeds $100.00. Lotz did not obtain such a permit even though he conceded at the hearing that such a permit was required. Although the contract called for a new exterior side on all gables, Lotz did not install the same. Instead, he installed tongue and groove 3/4 inch boards which he felt were an adequate substitute. He discussed this with Hartwell at the time the job was performed and Hartwell did net object to this change in the contract. Hartwell, who filed a complaint against Lotz, was primarily dissatisfied with a wavy roof. However, that aspect of the job is not a part of this proceeding. The contract itself was modified by the parties a number of times. As a result, Lotz omitted certain requirements therein but added others without additional charge. In all, he was paid $1,125 for the project.
Recommendation Based on the foregoing findings of fact and conclusions of law it is, RECOMMENDED that respondent be found guilty of failing to obtain a roofing permit in violation of Subsection 489.129(I)(d) Florida Statutes, and that he be given a public reprimand and fined $250. It is further RECOMMENDED that all other charges against respondent be DISMISSED. DONE and ENTERED this 27th day of September, 1985, in Tallahassee, Florida. DONALD R. ALEXANDER 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 27th day of September, 1983 COPIES FURNISHED: Charles P. Tunnicliff, Esquire Deaptment of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Ron Lotz 1650 Palm Avenue Winter Park, Florida 32789 Mr. J. K. Linnan, Executive Director Florida Construction Industry Licensing Board Post Office Box Jacksonville, Florida 32201
Findings Of Fact Respondent, Harry Clinton Brackin, is a licensed registered roofing contractor holding license number RC0045880. Respondent was licensed at all times material to this action. Respondent is the owner and licensee for Brackin Roofing Company. Sometime around February 20, 1987, Respondent entered into a contract with Mrs. Arebelle S. Hughes, an elderly woman, to re-roof her house and remodel the front porch of her home located in Vernon, Florida. In addition to the work performed pursuant to the contract, there were verbal construction agreements between Mrs. Hughes and Respondent for the remodeling of the back porch, removing and closing out windows, replacing and framing doors, placing molding in the kitchen and various other carpentry repairs. Ms. Hughes asked Respondent to perform the additional work because she was well satisfied with the roofing job done by Respondent and she was unable to find a licensed contractor willing to come to Vernon and perform the work she wanted done. Respondent, in fact, informed Ms. Hughes he was not a contractor and in his opinion she needed a contractor. However, Ms. Hughes still wanted Respondent to do the additional work for the above reasons. Later, Mrs. Hughes became very dissatisfied with the quality of Respondent's remodeling work and advised the Respondent of her complaints. However, the evidence disclosed that her complaints were not well communicated and Respondent did generally try to meet Ms. Hughes' requests. None of Respondent's work constituted a hazardous condition and no evidence was offered which indicated an actual building code violation. The Respondent has not corrected the work. Mr. Harold Benjamin, an expert in the area of general contracting, reviewed the contract, the job site, the Respondent's license, and the pertinent Florida Statutes. Mr. Benjamin's expert opinion was that the Respondent's contracting job with Mrs. Hughes definitely exceeded the scope of Respondent's roofing license. Mr. Benjamin added that the carpentry work itself demonstrated an unfitness in the area of carpentry contracting and that Respondent's work did not in some respects meet the minimum carpentry standards for the industry. However, Respondent's work was not so bad as to constitute gross negligence in the area of contracting. This is particularly true since Respondent disclosed to Ms. Hughes that he was not a contractor and that the work she wanted done should be performed by one. Respondent's duty was thereby limited to a duty to perform reasonably given his abilities. Respondent did meet that duty. Respondent was disciplined for the same type of violation in 1986.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of Professional Regulation, Construction Industry Licensing Board impose an administrative fine of $2,500.00. DONE and ORDERED this 5th day of December, 1988, in Tallahassee, Florida. DIANE CLEAVINGER 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 5th day of December, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-2721 The facts contained in paragraphs 1, 3, 4, 6, 7 and 9 of Petitioner's Proposed Findings of Fact are adopted in substance, in so far as material. The facts contained in paragraphs 2 and of Petitioner's Proposed Findings of Fact are subordinate. The facts contained in paragraph 8 of Petitioner's Proposed Findings of Fact are adopted except as to the finding pertaining to gross negligence which is rejected. COPIES FURNISHED: Elizabeth R. Alsobrook, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Harry Clinton Brackin Route 1, Box 2470 Chipley, Florida 32428 Bruce D. Lamb, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Fred Seely, Executive Director Department of Professional Regulation Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201
