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ALLAN V. JACKSON vs. ACCO MECHANICAL CONTRACTORS, INC., 79-000291 (1979)
Division of Administrative Hearings, Florida Number: 79-000291 Latest Update: Sep. 27, 1979

The Issue Did the Petitioner prove that the work was subject to the provisions of Section 215.19, Florida Statutes? How many hours and at what wage rate did the Petitioner work on the project? Did the Petitioner file a timely affidavit? Whether the job in question was exempt from Section 215.19, Florida Statutes by Section 235.32, Florida Statutes an asserted in Respondent's exception to the Recommended Order?

Findings Of Fact The Petitioner, Allan V. Jackson, was an employee of Acco Mechanical Contractors, Inc. (ACCO) and did work on the Criminal Justice Building at Broward Community College from the week ending July 7, 1977 until April 30, 1978. ACCO was a subcontractor in construction of the Criminal Justice Building installing, among other things, plumbing relating to construction of the building. Jackson worked for ACCO as a plumber on the construction of the Criminal Justice Building. The total wages paid Jackson by ACCO were in excess of $5,000. The Board of Trustees of Broward Community College is a public agency and was the contracting authority for construction of the Criminal Justice Building at Broward Community College. The value of the contract for construction equalled or excluded the wages paid Jackson. The Criminal Justice Building is a public building contracted under a contract to which a public agency was a party. A prevailing wage determination was made by Luther Moore, Administrator of Prevailing Wage, for the Criminal Justice Building contract. The prevailing wage for plumbers on this contract was $10.65. Jackson was paid various wages while employed by ACCO on construction of the Criminal Justice Building. Jackson worked the following number of hours at the wage indicated: Wage: $6.00 $9.00 $7.75 $10.12 $7.50 $8.25 Hour: 875 119 378 32 24 182 The difference between what was paid to Jackson and the prevailing wage totals $2,364.93. This is the total of the differences in `7age paid to Jackson and the prevailing wage at each of the different rates Jackson was paid. Jackson filed a claim on or about June 12, 1978 with an architect C. R. Yates who is Design and Construction Coordinator for the Department of Health & Rehabilitative Services. The Department of Health & Rehabilitative Services was not the contracting authority for the Broward Community College Criminal Justice Building project. This claim was returned to Jackson by letter dated July 21, 1978 from Luther Moore, to whom the architect had forwarded Jackson's claim. On October 16, 1978, Jackson filed his affidavit of claim with the Board of Trustees of Broward Community College. This last claim was acknowledged by the college on October 20, 1978 by letter of Clinton Hamilton to John Creswell of Creswell Construction Company which stated an amount of $6,249.18 was being withheld until the wage dispute is resolved.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that a final order by entered directing that Allan V. Jackson receive $2,364.93 from monies withheld on the Criminal Justice Building contract, taking after any claims filed prior to his claim but ahead of Acco for any monies due Acco after resolution of prior claims. DONE and ORDERED this 3rd day of July, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Ted P. Galatis, Esquire 420 Sunrise Professional Building 915 Middle River Drive Fort Lauderdale, Florida 33304 Byrd Booth, Jr., Esquire Post Office Drawer 11088 Fort Lauderdale, Florida 33302 Mr. Luther J. Moore Administrator of Prevailing Wage Division of Labor 1321 Executive Center Drive, East Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY DIVISION OF LABOR ALLAN V. JACKSON, Petitioner, vs. CASE NO. 79-291 ACCO MECHANICAL CONTRACTORS, INC., Respondent. / FINAL ADMINISTRATIVE ORDER This cause has come on before the undersigned Director of the Division of Labor for final determination pursuant to Section 215.19(3)(b), Florida Statutes, upon the Hearing Officer's Recommended Order. After notice to the parties, an administrative hearing was held on June 6, 1979 by Stephen F. Dean, Hearing Officer of the Division of Administrative Hearings, in Fort Lauderdale, Florida. This matter was heard upon a petition and affidavit filed by Allan V. Jackson alleging that he had not been paid the prevailing wage as required by Section 215.19, Florida Statutes, by Acco Mechanical Contractors, Inc. while working in the Criminal Justice Building at Broward Community College. The Respondent herein filed a Petition for Rehearing with the Hearing Officer which was denied. Respondent now requests that said Petition be treated as exception to the earing Officer's Recommended Order.

Florida Laws (1) 7.50
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FLORIDA REAL ESTATE COMMISSION vs ELMER J. SON, 91-000347 (1991)
Division of Administrative Hearings, Florida Filed:Miami, Florida Jan. 16, 1991 Number: 91-000347 Latest Update: Feb. 08, 1993

The Issue The ultimate issues for determination in this proceeding are whether Respondent was found guilty of a crime and whether Respondent was confined in a county jail in violation of Sections 475.25(1)(f) and (n), Florida Statutes. 1/

Findings Of Fact Petitioner is the state licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints pursuant to the laws of the State of Florida. Respondent is now and has been at all times material to this proceeding a licensed real estate broker in the state, holding license numbers 0473019 and 0258304. The licenses were issued was as a broker %Realty One & Associates, Inc., 131 East Enid Drive, Key Biscayne, Florida 33149, and as a broker %Realty One of Miami, Inc., 1215 N.E. 128th Street, North Miami, Florida 33161. Respondent earned a Bachelor of Architecture degree from Ohio State University in 1955. Respondent was a contractor and real estate broker in the State of Ohio for 20 years prior to moving to Florida in 1985. There is no licensing requirement for contractors in the State of Ohio. In January, 1989, Respondent obtained a certified building contractor license in Florida. Respondent was charged with conducting the business of a contractor without being licensed or certified in violation of Section 489.127(1)(F), Florida Statutes. An Information was filed against Respondent in Dade County Court Case Number 89- 89550 on December 8, 1989. The Information charged that Respondent . . . did unlawfully engage in the business or act in the capacity of a contractor without being duly registered or certified, by contracting to perform remodeling work and the construction of an addition to the premises of MR. GARY R. GROSS and/or MRS. GARY R. GROSS, at 740 Allendale Road, Key Biscayne, Dade County, Florida in violation of 489.127(1)(F), Florida Statutes. Respondent entered a plea of nolo contendere on June 11, 1990. The court found Respondent guilty of the charge against him. Adjudication was withheld, and Respondent was sentenced to serve 60 days in the county jail. Court costs were assessed against Respondent in the amount of $423. Respondent was placed on probation and allowed to serve 100 hours of community service in lieu of 60 days in the county jail. 4/ Respondent never served time in the county jail. The judgment of the County Court and the court's denial of sworn motions to dismiss filed by Respondent were appealed by Respondent. 5/ Respondent timely filed separate Notices of Appeal on June 25, 1990. The appeals have not been decided and are pending before the Circuit Court of the Eleventh Judicial Circuit In and For Dade County, Florida. 6/ Respondent acted as a contractor in the execution of work designed by an architect. Respondent supervised the erection, enlargement, and alteration of a single family residence owned by Mr. and Mrs. Gross and located at 740 Allendale Road, Key Biscayne, Dade County, Florida. Mr. and Mrs. Gross obtained the necessary permits with the county and were listed as the contractor as owner-builder. Architectural plans for the work supervised by Respondent were provided by Philip Ostendorf. Mr. Ostendorf is a duly registered and certified architect in the State of Florida. Respondent arranged for most of the subcontractors, although one subcontractor was provided by Mr. and Mrs. Gross. All of the work was performed in accordance with the architectural plans. Respondent never ". . . honestly believed that he was violating a law." The plea of nolo contendere was entered by Respondent in County Court as a plea of convenience. Respondent always maintained his innocence and filed several sworn motions to dismiss the charges against him. Respondent's appeal includes the judgment against him and the denial of his motions to dismiss.

Recommendation Based upon the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that Respondent should be found not guilty of the allegations in the Administrative Complaint. DONE and ENTERED this 29th day of June, 1991, in Tallahassee, Leon County, Florida. DANIEL MANRY 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 1st day of July, 1991.

Florida Laws (6) 120.57458.331475.25481.229489.103489.127
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CONSTRUCTION INDUSTRY LICENSING BOARD vs. PHILLIP H. BARE, D/B/A AMERICAN GENERAL CORPORATION, 78-000593 (1978)
Division of Administrative Hearings, Florida Number: 78-000593 Latest Update: Jun. 29, 1979

The Issue Whether Respondent's registration as a general contractor should be suspended or revoked, or the respondent otherwise disciplined, for alleged violations of Sections 468.112 (2)(a), (2)(g), and (2)(h), Florida Statutes, as set forth in the Administrative Complaint.

Findings Of Fact Petitioner Phillip H. Bare, Ocala, Florida, is registered with Respondent as a general contractor under the provisions of Chapter 468, Florida Statutes, and was so registered throughout the year of 1977. He operates under the name of American General Corporation of Florida, but that firm has not been qualified to engage in the contracting business in Florida, pursuant to Section 468.107, Florida Statutes. (Petitioner's Exhibits 1, 2, Stipulation, Testimony of Cherry) On August 15, 1977, Respondent, as president of American General Corporation of Florida, entered into a Home Improvement Installment Contract and Note with Joe Wheeler and wife, who reside at Route 2, Box 63, Live Oak, Florida. The contract provided that for a price of $4,250 Respondent would make the following property improvements on the Wheeler residence: Build 12 X 20 Room Addition and finish with paneling, ceiling tile, & all trim. Build 6 X 14 porch with top. Replace all Rotten sills. Replace all Rotten siding. Paint house with latex paint. Repair floor joist. The Wheelers made a down payment of $350 leaving an unpaid balance of $3,900. The promissory note provided for a total financed cost of $6,629.28 payable in monthly payments over a period of seven years. On August 29, 1977, the parties entered into another such contract for additional work to the residence for the price of $1,600 as follows: Install ceiling tile in (2) bed rooms and bathroom complete with trim. Install paneling in (2) bed rooms complete. Install paneling and tile board in bath. Remove old shingles and install new 235lb asphalt shingles. Install 54" kitchen sink complete and hook to water. The Wheelers paid $100 as a down payment on the work and financed the remainder with a total deferred price of $2,100 payable in 48 consecutive monthly installments. (Petitioner's Exhibits 5, 6, Testimony of E. Wheeler, J. Wheeler) Respondent subcontracted the work on the Wheeler residence to one John Compton. Respondent did not secure a Suwannee County Building Permit for the work, nor was he licensed in that county to act in the capacity of a contractor. (Testimony of Respondent, Wilson) On September 12, 1977, Mr. Wheeler signed a Customer's Completion Certificate" wherein he acknowledged that the contract work had been satisfactorily completed. Although Respondent testified that he explained the contents of the document to Wheeler at the time it was executed, Wheeler denied the same and testified that he had not read its contents prior to signing it. (Testimony of Respondent, J. Wheeler, Respondent's Exhibit 1) Prior to completion of the work, the Wheelers noted that certain deficiencies in the work existed, including a floor that "shaked" in the new addition, looseness of wall paneling, failure to replace rotten siding and lower sills, and failure to install ceiling tile in one bedroom. They spoke to workmen on the job who said that they would return and finish the work. However, nothing further was done in spite of the fact that Respondent told Mrs. Wheeler in a telephone conversation that he would be back to complete the job. As a result, Mrs. Wheeler made a complaint to Derl W. Wilson, the building official for Suwannee County. (Testimony of E. Wheeler, J. Wheeler, Wilson) Pursuant to Mrs. Wheeler's complaint, Wilson inspected the premises at some time during the month of September, 1977, and observed that the accomplished work was of a substandard nature involving various violations of the Southern Standard Building Code which had been adopted by Suwannee County in 1975. These violations, which Respondent acknowledged at the hearing to have been committed, included the following: concrete foundation blocks improperly aligned and unsupported by required concrete pad; improper spacing of floor joists at 24 inch rather required 16 inch intervals; use of one-ply instead of two-ply flooring material; failure to extend vent stack for plumbing system in kitchen to a height of 6 inches above the roof line; failure to provide a shutoff valve for cold water line under kitchen sink; failure to cover and protect splices in wiring of ceiling light fixture; failure to install ridge board for support of roof rafters; improperly installing two inch by four inch wood braces in attic; failure to connect sewer line to septic tank. Additionally, Wilson observed various instances of poor workmanship in installation of an electric wall receptacle and connection of the roof of the new addition to the existing building. Further, he noted that due to the improper spacing of floor joists, the substandard plywood flooring was not firm and constituted a safety hazard. (Testimony of Wilson, Petitioner's Composite Exhibit 3) After his inspection, Wilson wrote a letter to Respondent, dated October 18, 1977, pointing out the deficiencies in construction and advising that a complaint would be filed against him unless a building permit was obtained within ten days and the necessary corrections of deficiencies were made. Although Wilson testified that he did not hear from Respondent as a result of the letter, Respondent made several telephone calls to Wilson's office and was informed that he was on vacation. (Testimony of Wilson, Respondent, Respondent's Exhibit 7) On June 14, 1978, Respondent entered a plea of guilty in the County Court of Suwannee County, Florida to a charge of improper construction arising out of the Wheeler contract, and the Court withheld adjudication of guilt in the matter. (Petitioner's Exhibit 9) Respondent was previously convicted in the County Court of Putnam County, Florida, on August 13, 1974 of engaging in the business or acting in capacity of a contractor without being duly registered in the county pursuant to Section 468.105(2), Florida Statutes. On June 16, 1975, Respondent pleaded nolo contendere in the County Court of Alachua County, Florida to a charge arising out of his activities as a home improvement contractor. The Court withheld adjudication of guilt and placed the Respondent on probation for a period of six months and required that he "make necessary repairs to home of victim to satisfaction of Consumer Protection Section of State Attorney's Office, Eighth Judicial Circuit." (Petitioner's Exhibits 7-9) Petitioner has been a building contractor for twelve years. He testified that his subcontractor for the Wheeler job had been competent in the past and he relied on this fact in not closely inspecting the work under the Wheeler contracts. For this reason, he was unaware that the building code violations had occurred until after he had sold the Wheeler contracts and mortgages to a third party who was contacted by the Wheelers regarding the deficiencies. Respondent denied that he abandoned the work because he thought it had been completed until subsequent notification of the Wheeler complaint. He has since made attempts through Counsel to resolve the complaint by having the work performed by a contractor licensed in Suwannee County or by means of a monetary settlement. He further testified that he had inquired of Petitioner's office as to the necessity for obtaining a Suwannee County license prior to commencing the Wheeler contracts and was informed that his registration was valid for work in that county. He acknowledged that he made a "mistake" in not obtaining a building permit and in failing to supervise his subcontractor properly, but stated that the licensing rules in the various counties were "confusing." As to his prior difficulties in Putnam and Alachua Counties, Respondent testified that the Alachua matter involved a complaint raised four or five years after construction regarding quality of workmanship and that he had taken care of the matter. As to the Putnam County case, he testified that he was unaware that a building permit was necessary at the time he did the work for which he was subsequently prosecuted. It is found that Respondent's exculpatory testimony regarding his failure to obtain a building permit or county licensing, and lack of knowledge of code violations with respect to the work performed at the Wheeler residence is not credible. (Testimony of Respondent, Respondent's Exhibits 2-6)

Recommendation That Respondent's registration as a general contractor be suspended for a period of one year and that an administrative penalty in the amount of $500 be imposed, for violation of Section 468.112(2)(a), Florida Statutes. DONE and ENTERED this 23rd day of March, 1979, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 1979. COPIES FURNISHED: Barry Sinoff, Esquire 2400 Independent Square Jacksonville, Florida 32202 C. Valentine Bates, Esquire 726 NW 8th Avenue - Suite B Gainesville, Florida J. K. Linnan, Executive Director Florida Construction Industry Licensing Board Post Office Box 8621

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CONSTRUCTION INDUSTRY LICENSING BOARD vs. WILLIAM W. CARLSON, 83-001597 (1983)
Division of Administrative Hearings, Florida Number: 83-001597 Latest Update: Mar. 01, 1985

Findings Of Fact William W. Carlton, Respondent, is licensed in Florida as a building contractor, holds license No. CB CO 10455, and was so licensed at all times here relevant (Exhibit 1) In February, 1980, Hays and Sons Construction Company (Hays) entered into a contract with Ken and Ethel Moore to construct a metal building to serve as a filling station and car repair facility in Spring Hill. Hays is not licensed as a building contractor in Florida and Respondent held no office in Hays, had no authority to make management decisions on behalf of Hays, contract on behalf of Hays, or hire subcontractors for Hays. The building permit for the construction of the Spring Hill filling station was pulled by Respondent and listed Respondent as builder (Exhibit 9). Respondent did interior woodwork in the building, room layouts, etc., while Hays hired all of his subcontractors and did the overall supervision of the work. Respondent testified that he visited the site frequently, usually after working hours, to see that the project was progressing properly. Dan Hays, principal in Hays and Sons Construction Company, is a capable builder of metal buildings and, although not licensed in Florida, has erected such buildings at numerous places in the United States. Hays hired and paid the subcontractors on this project. By letter dated November 11, 1980, Moore filed a complaint with the Hernando County Building Department alleging that his building had not `been completed according to plans and specifications, some subcontractors had not been paid, that Hays was not licensed and the permit was pulled by Carlson, and that Carlson denies responsibility for the completion of the work. A hearing was scheduled by the Construction Board of Examiners on this complaint and Respondent was notified of the time and place of hearing and advised to be present. Before the scheduled date of the hearing, the issues raised in the complaint had been settled and the complaint withdrawn by the complainant. Respondent called the Building Department respecting the necessity of him attending the scheduled hearing and was advised the complaint had been withdrawn and that he need not attend. At the scheduled hearing, the Board expected Respondent to give an explanation and, when Respondent did not show, the Board suspended his privilege of pulling permits until he appeared before the Board at its next scheduled meeting. Respondent appeared at the next scheduled meeting of the Board and his permit pulling authority was reinstated. On April 29, 1981, Hays entered into a contract to construct a steel building for Harold and Evelyn Walkowz in New Port Richey, Florida, at a price of $119,000. The building permit for this job was pulled July 28, 1981, by William Carlson as contractor (Exhibit 10). After construction commenced, the contract was assigned to Respondent (Exhibit 12) Walkowz initially made payments in accordance with the draw schedule but as the contract progressed disputes between the owner and the builder developed and payments were not made on schedule. Walkowz' brother-in-law, John Smith, put up most of the money for the building and arrived on the scene when the project was about half finished. His arrival coincided with the disputes regarding the work being done, with the subcontractors and with the Respondent. Several of the subcontractors' due payment were not paid by Respondent because the payment due from the owners was not received by Respondent. Some of these subcontractors left the job, other threatened to leave and were assured by the owners that they would be paid, while another group of subcontractors were paid by the owners to keep them from leaving. Prior to paying these three subcontractors (Exhibit 15) , Walkowz' attorney prepared Exhibit 13, which Respondent signed in order to get these subcontractors paid. After Walkowz had paid some $93,000 to Respondent (and Hays), further payments were stopped. At this time, sub- contractors were owed approximately $16,000 and the building was not completed. Respondent offered to complete the building if the balance of the contract price owed was placed in escrow (Exhibit 20). Walkowz refused to place the money in escrow, did not pay the subcontractors he had promised would be paid, used the funds still owed on the contract to complete the building, charged Respondent with wrongfully appropriating his money, and complained to the building department. Criminal charges of grand theft were brought against Respondent. At a hearing on these charges, Respondent pleaded nolo contendere, adjudication was withheld, and Respondent was placed on probation for five years. After a hearing on restitution, the court directed no restitution be paid by Respondent to Walkowz. Respondent maintained only one operating account into which he intermingled funds received on building contracts concurrently in progress. No evidence was submitted that Respondent diverted funds received from Walkowz to any other specific project. Testimony of one witness that Respondent said he diverted funds received from Walkowz to other projects was denied by Respondent. Further, no evidence was presented that because of the diversion of funds Respondent was unable to complete the Walkowz project. In installing the main air conditioner, the unit was located at a place slightly different than shown on the approved plan. Similarly, a wall was moved a few inches to cover an error made in the installation of plumbing lines. These changes were made with the knowledge and consent of the owner and while inspections of the work were being conducted by officials of the Pasco County Building Department. The contract provided for laying 1,350 cubic yards of black top one inch thick over a four-inch limerock base. Building codes and zoning requirements would not authorize the paving of an area this size on the property and, to comply with the code prescribed allowable impervious area requirements, less black top was used. Similarly, the contract provided for the slab on which the building was erected to be 3,000 psi. concrete. The concrete was routinely tested, with the results received after the building was erected. The test showed the concrete to be 2,500 psi. strength. This information was made known to the owner and, in lieu of tearing down the building and repouring the slab, allowances were made for other changes in the contract requested by the owner For a short period of time a company called Carobu appeared on a sign in front of the Walkowz construction site. This was the trio comprised of Carlton, Roth and Burns, who intended to contract under that name, with Carlson as qualifying officer. The company was never incorporated nor did it ever contract to do any construction work.

Florida Laws (2) 120.57489.129
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CONSTRUCTION INDUSTRY LICENSING BOARD vs. ROBERT TUCKER, 85-004329 (1985)
Division of Administrative Hearings, Florida Number: 85-004329 Latest Update: Apr. 04, 1986

The Issue The issue is whether Respondent's license as a registered building contractor should be disciplined for the acts alleged in the Administrative Complaint, as amended?

Findings Of Fact Respondent, Robert Tucker, is a registered building contractor holding State of Florida license number RB 0033063 (Ex. 7). Respondent was licensed as a building contractor by the State of Florida in September 1978, and has remained licensed at all times material hereto (Ex. 7). Since September 20, 1978, Respondent has held a local Building Contractor's License issued by the Leon County Contractor Licensing and Examination Board (Ex. 7). Respondent's license with the Department has been delinquent since July 1, 1985 (Ex. 7). In July 1983, Respondent made an oral agreement with Violet Gladieux to erect a carport for her at a cost of $1,350 (Ex. 3). Ms. Gladieux's residence is located at 2321 Belle Vue Way, within the city limits of Tallahassee. Jay Gladieux, Jr. became acquainted with Mr. Tucker from his position as an employee of Mr. Tucker on a prior construction project. Mr. Gladieux introduced his mother, Ms. Gladieux, to Mr. Tucker for the carport construction. It was orally agreed that Ms. Gladieux would pay Mr. Tucker for supplies as they were needed. Mr. Tucker began erection of the carport approximately one week after July 11, 1983, when he received the first payment of $300. On July 29, 1983, Mr. Tucker received final payment of $350 so that he could complete the carport (Ex. 3). Approximately two weeks after July 29, 1983, Respondent completed the carport. A permit for the erection of the carport was required by Section 7-63, Buildings and Construction Regulations (The Building Code) of the City of Tallahassee. The language of that ordinance has not changed since 1957 (Ex. 1). No building permit was ever obtained by Mr. Tucker for erection of the carport. Approximately two weeks after completion of the carport, it collapsed after a heavy rainfall (Ex. 4 and 5). Mr. Tucker returned to repair the damaged carport. He erected center studs and was to return later to complete the damage repair. Mr. Tucker has failed to return to complete the damage repair after requested to do so by Jay Gladieux. When an administrative complaint has been filed against a contractor, personal service of the complaint is attempted upon the contractor at his last address of record. If personal service cannot be effectuated at the contractor's last address of record, further attempts are made to locate the contractor. The building departments, both City and County, the telephone company, utility company and post office are contacted. The building departments are contacted to determine if the contractor has obtained any permits, for the permits would list the contractor's address. The telephone company is contacted for prior and new telephone listing(s) with address(es). The post office is contacted for forwarding address(es). The utility company is contacted for new utility service which would contain a new address (es). If the contractor cannot be located after using these avenues, a diligent search affidavit is executed by the investigator who is attempting to serve the contractor. In September 1978 and at all times pertaining to the construction of the carport, Respondent's address of record with the Department was 1515-21 Paul Russell Road and P.O. Box 20234, Tallahassee, Florida. Respondent had not notified the Department of Professional Regulation, Construction Industry Licensing Board of any change in his address (Ex. 7), other than by the new address revealed on the Election of Rights form he filed in response to the administrative complaint. The Department attempted to personally serve Mr. Tucker at his listed address and could not locate him there. On May 21, 1984, Robert E. Connell, an investigator for the Department of Professional Regulation, executed a diligent search affidavit concerning service of the Administrative Complaint upon Mr. Tucker in this proceeding (Ex. 8).

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Respondent be found guilty of the charges in count one of the Administrative Complaint, as amended; that counts two and three be dismissed; and that he be fined $250.00. DONE AND ORDERED this 4th day of April 1986 in Tallahassee, Leon County, Florida. WILLIAM R. DORSEY,JR., Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of April 1986. COPIES FURNISHED: Mr. James Linnan Executive Director Construction Industry Licensing Board P.O. Box 2 Jacksonville, Florida 32202 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Errol H. Powell, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Robert Tucker P.O. Box 10218 Tallahassee, Florida 32302

Florida Laws (6) 120.57455.227489.105489.115489.117489.129
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