The Issue Whether Petitioner is entitled to licensure as a certified contractor pursuant to the "grandfathering" provisions of section 489.514, Florida Statutes.
Findings Of Fact At all times material hereto, Petitioner held a Registered Electrical Contractors license, No. 13012890, and a Registered Alarm System Contractors I license, No. 12000229, that authorized him to engage in the same in Broward County, Florida. Petitioner's licenses are active and in good standing; he has not been the subject of any complaints filed with, or discipline imposed by, the local licensing authority. Petitioner operates a business named "D" Electrician Technical Services, Inc., in Pompano Beach, Florida. In the case styled State v. Terrance Davis, Case No. 082026CCFICA, in the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida, Petitioner was charged with burglary of a structure with assault or battery and felony battery. Petitioner's unrefuted testimony was that after his arrest in October 2008, he was detained without bond pending his trial.1/ On November 17, 2009, the Florida Department of Revenue ("DOR") issued to Petitioner a Notice of Non-Compliance with Support Order and Intent to Suspend License for the nonpayment of a previously existing child support order. The notice was sent to 7906 Southwest Seventh Place, North Lauderdale, Florida 33068. At the time the notice was sent, Petitioner claims to have been detained in the Broward County jail. The criminal charge of felony battery was nol prossed on December 14, 2009. On December 15, 2009, Petitioner proceeded to trial on the remaining charge and was acquitted by a jury. On December 27, 2009, DOR issued a Notice to Suspend License for Nonpayment of Support to the Division of Professions. Said notice provided that, "[w]e gave [Petitioner] notice of nonpayment and intent to suspend license(s) more than 30 days ago. [He has] not complied with the support order, a written agreement if there is one, or timely contested the action." The notice further directed that, "[u]nder section 409.2598(5)(b), Florida Statutes, you must suspend the license, permit or certificate that allows the person to engage in an occupation, business or recreation." In January 2010, during the course of a traffic stop, Petitioner was advised by a law enforcement officer that his Florida driver's license was suspended. On February 8, 2010, Petitioner entered into a Written Agreement for Past Due Support with DOR wherein he agreed to make a lump-sum payment and additional monthly payments. DOR agreed that it would not suspend or deny his driver's license as long as Petitioner complied with the terms of the agreement. Petitioner credibly testified that thereafter, when he "resumed his Articles of Incorporation," he realized his professional licenses had also been suspended. On February 25, 2010, DOR issued a Request to Reinstate License to the Division of Professions. Said request provided as follows: The license(s) of the parent named below, was suspended for nonpayment of support. Please reinstate the license(s). The parent is paying as agreed or ordered, the circuit court has ordered reinstatement, or the parent is otherwise entitled to have the license(s) reinstated under section 409.2598(4)(b), Florida Statutes. Court Case Number: 060015893CA-06 Parent's Name: TERRENCE A DAVIS Mailing Address: 7905 SW 7th Pl, North Lauderdale, FL 33068-2123 License Number(s) and Type(s): 12000229 Reg. Alarm System Contractors I (EY), 13012890 Reg. Electrical Contractors (ER) On or about July 23, 2013, Petitioner applied for certification as an electrical contractor pursuant to the "grandfathering" provisions of section 484.514, Florida Statutes.2/ Included with Petitioner's application, was a personal financial statement wherein Petitioner itemized his assets and liabilities. Petitioner's personal financial statement concluded that his personal net worth was $56,400.00. Also included in Petitioner's application was a business financial statement for "D" Electrician Technical Services, Inc., that similarly itemized Petitioner's business assets and liabilities. Petitioner's business financial statement concluded that the business's net worth was $35,945. By a Notice of Intent to Deny, dated October 18, 2013, the Board denied Petitioner's application for two reasons: within the previous five years, Petitioner's contracting license was suspended for failure to pay child support; and Petitioner's application failed to demonstrate that he had the requisite financial stability as required by rule 61G6- 5.005(3) and requisite net worth as required by rule 61G6-5.004. Petitioner credibly testified as to the figures supporting the itemization of both his personal and business assets and liabilities and respective net worth contained in the application. Petitioner conceded that a credit report, dated July 8, 2013, documents that he had a late mortgage payment in April 2010; that in 1997, his child support arrearage was placed in collection; and that an account, with a current balance of $3110.00, was placed for collection. Petitioner contends said account concerned a one-year lease that he was unable to satisfy at the time due to his detainment for the above-noted criminal charges. Respondent presented the testimony of Clarence Kelly Tibbs. Mr. Tibbs is a state-certified electrical contractor who served on the Board for approximately 13 years. Mr. Tibbs was not on the Board at the time the Board considered and rejected Petitioner's application. The undersigned deemed Mr. Tibbs as an expert in electrical contracting. Mr. Tibbs did not testify concerning the areas of his expertise (electrical contracting), but rather, offered opinions on the propriety of the Board's denial of Petitioner's application. Mr. Tibbs testified that, "as an ex-Board member," looking at Petitioner's personal and business financials, there were several problems. After itemizing his concerns, Mr. Tibbs concluded that, "[h]owever, looking at the financials that you've got in front of me, although I have some problems with them, I could probably go ahead and approve them."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that The Department of Business and Professional Regulation, Electrical Contractor's Licensing Board, enter a final order denying Petitioner's application for licensure as a certified electrical contractor. DONE AND ENTERED this 7th day of May, 2014, in Tallahassee, Leon County, Florida. S TODD P. RESAVAGE 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 7th day of May, 2014.
Findings Of Fact Dennis W. Brown is licensed to practice electrical contracting in Florida and was so licensed at all times here relevant. He holds license No. ECO 00494. In May, 1983, Respondent, while doing business as AAA Electrical Contractors, Inc., contracted to perform the electrical work at the St. Luke's Eye Clinic in New Port Richey, Florida, in conjunction with some remodeling work being done by Dennis R. Garrett, the construction supervisor, for Dr. Gill, the owner of St. Luke's Eye Clinic and other properties in the area. Garrett is licensed as a building contractor and was so licensed at all times here relevant. The oral contract entered into between Respondent and Garrett provided for relocating some electrical fixtures in conjunction with the remodeling. This consisted principally of replacing one 4-foot by 4-foot fixture with three 2-foot by 2-foot fixtures. No additional electrical load was added by this alteration. The original plan started as cabinet work in the front-desk area of the clinic and the electrical work involved replacing switches and receptacles. Both Garrett and Respondent concluded no permit was required for this remodeling, and no permit was obtained. During the remodeling, a wall was relocated by the owner's maintenance man who did all of the work or supervised subcontractors other than electrical. On May 11, 1983, William Kropick, Jr., a building official of the City of New Port Richey, visited the site. Because of the relocation of the wall, Kropik concluded that a building permit was required, and he issued a Stop Work Order until permits were obtained for contract and structural work. Kropik also observed a journeyman electrician, employed by Respondent, working at the site while Respondent was not present. It is virtually impossible for the master electrician to be on one job site continually, and it is a generally accepted practice in Pasco County for the master electrician to visit the site daily and thereby meet the code requirement for supervision of journeyman electricians.
Findings Of Fact The Respondent, Joseph B. Smith is the holder of a registered electrical contractor's license, number ER 0007369, issued by the State of Florida. During the month of May, 1981, the Respondent obtained an electrical permit for work on apartments located at the corner of Stockton and Forbes Streets, in Jacksonville, Florida. The work was contracted for by Ronnie D. Norvelle. Gary Moore performed the electrical work on the project. Neither of these men was employed by or under the supervision of the Respondent. On March 3, 1982, the Construction Trades Qualifying Board for the City of Jacksonville, Florida, directed that a letter of reprimand be placed in the Respondent's permanent record. The basis for the action taken by the Construction Trades Qualifying Board for the City of Jacksonville, Florida, was the violation of Section 950.111(a), Code of Ordinances of the City of Jacksonville.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that license number ER 0007369 held by the Respondent, Joseph B. Smith, be revoked. THIS ORDER ENTERED this 28th day of June, 1983, in Tallahassee, Florida. WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of June, 1983. COPIES FURNISHED: Stephanie A. Daniel, Esquire 130 North Monroe Street Tallahassee, Florida 32301 Mr. Joseph B. Smith 6335 Park Street Jacksonville, Florida 32205 Allen R. Smith, Jr., Executive Director Electrical Contractors Licensing Board 130 North Monroe Street Tallahassee, Florida 32301 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, and the entire record compiled herein, I hereby make the following relevant findings of fact: By its Administrative Complaint filed herein dated July 6, 1982, the Petitioner, Electrical Contractors Licensing Board, seeks to take disciplinary action against the Respondent, J. Hugh Smith, a registered electrical contractor, who holds license number ER 0004272. The Respondent is the President of Electric Hugh Company, Inc. Electric Hugh Company is the entity through which the Respondent engaged in the business of electrical contracting in the City of Jacksonville. On March 3, 1982, the Construction Trades Qualifying Board for the City of Jacksonville met and considered charges filed against the Respondent for failure to use certified craftsmen. A Mr. Etheridge, an employee of Respondent, was permitted to engage in electrical contracting work unsupervised by a certified craftsman without being licensed as a certified craftsman. By so doing, Respondent violated Section 950.110(a), Ordinance Code of the City of Jacksonville, Florida. 1/ For that code violation, Respondent's certificate was suspended for a period of six (6) months. (Petitioner's Exhibit 1 and testimony of John R. Bond, Executive Director -- Construction Trades Qualifying Board for the City of Jacksonville) On June 2, 1982, the Construction Trades Qualifying Board convened another meeting to consider other charges filed against Respondent based on an alleged failure (by Respondent) to pull electrical permits on four instances wherein a permit was required. At that time, Respondent's certification was revoked effective June 2, 1982, and that revocation remains in effect. The action by the Construction Trades Qualifying Board, City of Jacksonville, has been reviewed by Petitioner. By way of mitigation, Respondent opined that he considered the two years in which his license has been revoked by the City of Jacksonville as sufficient penalty for the violation. Respondent did not substantively contest the charges.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Respondent's registered electrical contractor's license number ER 0004272 be suspended for a period of two years. DONE AND ENTERED this 17th day of April 1984 in Tallahassee, Florida. JAMES E. BRADWELL 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 17th day of April 1984.
The Issue The issues to be resolved in this proceeding concern whether the Respondent committed the charged violations of Section 489.127(1)(f), Florida Statutes (2006), and Section 489.531(1)(a), Florida Statutes (2006), and if so, what penalty, if any, is warranted.
Findings Of Fact The Petitioner is an Agency of the State of Florida charged with regulating the practice of contracting and the licensure of those engaged in the practice of contracting of all types, in accordance with Section 20.165, Florida Statutes, as well as Chapters 455 and 489, Florida Statutes. The Respondent engages in re-modeling and other construction-related work both as his own business and employment by a certified general contractor. This case arose upon a Complaint filed with the Petitioner Agency by Mr. Kenneth Hatin. The Complaint asserted his belief that the Respondent had engaged in a contract to construct an addition on his home, and after being paid substantial sums of money, had wrongfully left the job and never finished it. The residence in question is co-owned by Mr. Hatin and his fiancée, Ms. Beverly White. Ms. White's first cousin is Ms. Julie Crawley. Ms. Crawley is the Respondent's fiancée. Mr. Hatin and the Respondent were introduced by Ms. Crawley and Ms. White. Mr. Hatin and the Respondent thus met socially and as they got to know each other discussed Mr. Hatin's desire to have an addition placed on his home. The addition consisted of a pool enclosure to be constructed on his property located at 33 Botany Lane, Palm Coast, Florida. Mr. Hatin expressed the desire to have the Respondent assist him in constructing the pool enclosure. The Respondent agreed to do so. The Respondent is employed by his brother, who is a Florida-Licensed General Contractor, but neither the Respondent nor his business, JR. Wittmer's Remodeling, Inc., are licensed or certified to engage in contracting or electrical contracting. In accordance with his agreement with Mr. Hatin, the Respondent provided labor and assistance with the renovation project, including digging ditches, picking-up supplies and being present at the work site. In addition to the Respondent, other friends and family members of the protagonists assisted with the project, including the Respondent's son, Ms. Crawley's son, Mr. Hatin's employer, Ms. White's brother-in-law, and Mr. Hatin himself. This was, in essence, a joint family/friends cooperative construction project. Over the course of approximately five months during the construction effort, Mr. Hatin wrote checks to the Respondent in the total amount of $30,800.00. All contractors or workmen on the job were paid and no liens were placed on Mr. Hatin's property. The checks written were for the materials purchased and labor performed by tradesmen or sub-contractors engaged by the Respondent and Mr. Hatin for various aspects of the job such as roofing, tile or block laying, etc. The Respondent received no fee or profit in addition to the amounts paid to the material suppliers, contractors, and laborers on the job. It is not entirely clear from the record who prepared the contract in evidence as Petitioner's Exhibit four, or the document that the parties treated as a contract. It is not entirely clear who actually signed it, but the document was drafted relating to the work to be done on Mr. Hatin's home (the contract). Mr. Hatin maintained that the Respondent prepared and signed the contract. Ms. Crawley testified that the contract was actually prepared by herself and Ms. White (for "tax purposes"). It is inferred that this means that the contract was prepared to provide some written evidence of the amount expended on the addition to the home, probably in order to raise the cost basis in the home to reduce capital gains tax liability potential at such time as the home might be sold. The term "tax purposes" might mean other issues or consequences not of record in this case, although it has not been proven that the contract was prepared for a fraudulent purpose. Ms. Crawley testified that the Respondent did not actually sign the document himself but that she signed it for him. What was undisputed was that there were hand-written changes made to the contract so as to include exhaust fans, ceiling fans, sun tunnels, a bathroom door and outside electrical lighting. Although there was a change to the contract for this additional scope of work, there was no increase in the amounts to be paid by Mr. Hatin for such work. After the project was commenced and the addition was partially built, Mr. Hatin and Ms. White were involved in a serious motorcycle accident. Work was stopped on the project for a period of approximately seven weeks, with Mr. Hatin's acquiescence, while Ms. White convalesced. The Respondent, during this time, dedicated all of his time to his regular job and other work commitments. It was apparently his understanding, expressed in Ms. Crawley's testimony, that, due to injuries he received in the accident and more particularly the more serious injuries received by his fiancée, that Mr. Hatin was not focused on the project at that time, but let it lapse until the medical emergency was past. After approximately seven weeks of inactivity Mr. Hatin contacted the Respondent requesting that he begin work on the project again. A meeting was set up between Mr. Hatin and the Respondent. The Respondent however, was unable to attend the meeting with Mr. Hatin that day, tried to re-schedule and a dispute arose between the two. Additionally, family disputes over money and interpersonal relationships were on- going at this time leading to a lack of communication and a further dispute between Mr. Hatin, Ms. White, the Respondent, and Ms. Crawley. A threat of physical harm was directed at the Respondent by Mr. Hatin (he threatened to put out the Respondent's "one good eye" if he came on the subject property again). Because of this, the Respondent elected not to return to the project. Inferentially, at that point the process of filing the subject complaint soon ensued.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is, therefore, RECOMMENDED that the Administrative Complaint filed herein be dismissed. DONE AND ENTERED this 12th day of June, 2007, in Tallahassee, Leon County, Florida. S P. MICHAEL RUFF Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with Clerk of the Division of Administrative Hearings this 12th day of June, 2007. COPIES FURNISHED: Ned Luczynski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 E. Renee Alsobrook, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 Garvin B. Bowden, Esquire Gardner, Wadsworth, Duggar, Bist & Wiener, P.A. 1300 Thomaswood Drive Tallahassee, Florida 32308 Nancy S. Terrel, Hearing Officer Office of the General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue in this case is whether the Pinellas County Construction Licensing Board should discipline the Respondent for alleged willful or deliberate disregard and violation of applicable building codes.
Findings Of Fact The Respondent, Henry C. Robertson, is a certified electrical contractor, holding license number C-2720. In June, 1993, the Respondent was the exclusive electrical contractor for a residential subdivision project in Pinellas County that had been underway since 1991. Altogether, it consisted of several hundred residential units. The Respondent pulled the electrical permits for all of the units in the project. There was a single entrance to the subdivision via security gate. At its end, the entrance road (Arabian Lane) formed a "T" with the other road in the subdivision. By June, 1993, most of the subdivision already was built out. On June 15, 1993, the Respondent called the Board staff for final inspection on one half of a duplex located at 1757 Arabian Lane. When the inspector arrived, electrical work was being done on the other half of the duplex. Neither of the two workers on the job was a master or a journeyman electrician. One declined to answer the inspector's questions and just walked off the jobsite; the other stayed but could not give any information as to the whereabouts of the journeyman. No other workers were in the vicinity, i.e., in either side of the duplex, at adjacent properties, or within sight. Section 7(a) of the Pinellas Countywide Amendments to the National Electrical Code, 1993 Edition, limits the issuance of electrical permits to licensed electrical contractors and provides: "Where any electrical work is being done a master or journeyman electrician shall at all times be present on the job." According to the Respondent's testimony, there was a journeyman electrician somewhere in the subdivision who could have been contacted by the two workers at 1757 Arabian Lane if they needed help or advice. The Respondent himself also visits all jobsites at least once a day. This testimony was not refuted or contradicted. The Board's Chief Electrical Inspector, Joseph Bolesina, testified that, in interpreting Section 7(a) of the Pinellas Countywide Amendments to the National Electrical Code, his office considers each electrical permit issued to define "the job" to which it applies. In the case of 1757 Arabian Lane, each side of the duplex had its own electrical permit. However, he conceded that, if work was in progress on both sides of the duplex, only one master or journeyman would be required for the two permits involved. Neither the Board nor his office has specified any other circumstances under which a single master or journeyman electrician could "at all times be present" at work being done on more than one permit. He testified that, in his view, it would depend on whether the master or journeyman electrician would be readily accessible and available to check work and to help and give advice as necessary. He testified that, in his view, the presence of a master or journeyman electrician "somewhere in the subdivision," rotating between individual jobsites, would not qualify, even if they could be contacted immediately by radio or cellular phone. In this case, neither of the workers was able to contact the journeyman electrician who was supposed to have been available and accessible to them. The Respondent testified that he believed his work methods on June 15, 1993, met the letter and the spirit of the building codes, especially in light of the difficulty he and other electrical contractors have finding and hiring journeymen. He testified that he thought the "job" consisted of all the work going on at the subdivision project, not each individual unit. In August, 1992, the Respondent stipulated to a $150 fine to resolve Board Complaint No. C92-330, alleging a violation of Section 7(a) of the Pinellas Countywide Amendments to the National Electrical Code by a company he qualified (although he was not involved personally in the violation). In that case, the journeyman left the jobsite to get supplies that were short. In May, 1993, the Respondent stipulated to another $150 fine to resolve Board Complaint No. C93-8, alleging another violation by the same company. (Again, the Respondent qualified the company but was not involved personally in the violation). In that case, the journeyman electrician was not due to arrive at work for an hour when the workers were found unloading and stretching out cord in preparation for beginning work without him. In April, 1994, the Board filed Complaint No. C94-96 for another alleged violation, this time by a company the Respondent was operating personally. The Respondent admitted the charges. In that case, the journeyman left the jobsite to get PVC cement. The prior incidents did not raise the identical issue present in this case. However, the Respondent testified that he has had several occasions to discuss with Board staff the subject of compliance with Section 7(a) of the Pinellas Countywide Amendments to the National Electrical Code. While those discussions may not have specified all circumstances under which a single master or journeyman electrician could "at all times be present" at work being done on more than one permit, they should have made it clear to the Respondent that the journeyman electrician at least had to be available and accessible to the workers. In this case, the two workers on the jobsite were unable to tell the inspector where the journeyman was. The Board has published "Guidelines for Disciplinary Action" which provide for a $300 fine as the "typical" penalty for the first "minor" infraction and, for repeat "minor" infractions: an "additional $500 up to three; then mandatory appearance before the Board." The Guidelines also list aggravating and mitigating circumstances which focus on the harm done by the offense, the licensee's efforts to rectify the situation, and whether there is a history of similar offenses by the licensee. They also authorize suspension or revocation and fines "not to exceed $1,000 per count."
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: (1) finding the Respondent guilty of willfully or deliberately violating Section 7(a) of the Pinellas Countywide Amendments to the National Electrical Code, as charged; and (2) fining him $500. RECOMMENDED this 13th day of January, 1995, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 13th day of January, 1995. APPENDIX TO RECOMMENDED ORDER To comply with the requirements of Section 120.59(2), Fla. Stat. (1993), the following rulings are made on the parties' proposed findings of fact: Petitioner's Proposed Findings of Fact. 1.-3. Accepted and incorporated to the extent not subordinate or unnecessary. First sentence, rejected as not proven. (The Respondent does not contend that he is "exempt" but rather that the entire subdivision should be considered a single "job.") Otherwise, accepted and incorporated to the extent not subordinate or unnecessary. Rejected as not proven that he cannot find any journeyman electricians for residential work. (Proven only that the Respondent has had difficulty finding and hiring them.) Respondent's Proposed Findings of Fact. Accepted and incorporated to the extent not subordinate or unnecessary. COPIES FURNISHED: William J. Owens, Executive Director Pinellas County Construction Licensing Board Suite 102 11701 Belcher Road Largo, Florida 34643-5116 Henry C. Robertson Robertson Electrical Services, Inc. 15316 Indian Head Drive Tampa, Florida 33618
The Issue The issue for consideration in this case is whether Respondent’s certification as an electrical contractor should be disciplined because of the matters alleged in the Administrative Complaint filed herein.
Findings Of Fact At all times pertinent to the issues herein, the Pinellas County Construction Licensing Board was the county agency responsible for the regulation of the construction industry in Pinellas County, Florida. Respondent, William L. Crump, Jr., was certified as an electrical contractor under license C-1217 (ER003415), and was on record as qualifying contractor for Crump Electrical Service, which he owned. On September 25, 1997, a representative of Crump Electrical Services submitted a Proposal to Mrs. Christina Windsor, wife of the complaining witness herein, for the upgrading of the electrical panel in the Windsor’s home to 200 amperes. The price quoted for this service was $875.00. Small print on the proposal form indicates that permit fees, if required, are in addition to the cost cited. That same day, September 25, 1997, Mrs. Windsor authorized the work to be done. The work was done as called for. Respondent claims the proposal was made and the work done in response to an emergency call from the Windsors. September 25, 1997, was a Thursday. The city permitting office was open and a permit could have been obtained. No permit for the work was pulled at the time by either the Windsors or Respondent. Mr. Crump was of the opinion that because the Windsors had no power, the work should be done immediately without the delay of getting a permit. Though, he claims, he did not know of it at the time, he has subsequently learned that at the time in issue, the city had a policy whereby, in an emergency situation, a contractor could call in and get oral permission to do work requiring a permit, subsequently paying for and receiving the written permit. This was not done by either the Windsors or the Respondent. Mr. Crump did not pull the required permit after the work was done, or cause it to be pulled by an employee, because of the provision in the proposal form that the property owner was responsible for the cost of the permit. He claims to have advised the Windsors of the need for the permit and believed they had pulled it. The Windsors did not provide him with the extra funds for the permit and did not advise him they had not, or would not, obtain the permit. Though required, at no time was the permit pulled. Mr. Crump’s son and business associate, Todd Crump, contends that the real dispute in this issue relates not to whether the required permit was obtained, but to the Crumps’ failure to provide a statement as to the actual cause of the fire which necessitated the placement of the new electrical panel in the Windsor’s house. Todd contends that after talking with Mr. Dennison, the company’s representative who obtained the purchase order, shortly after the work was done, he got the impression the Windsors were going to obtain the permit. He did not find out that the permit had not been pulled until a month or so after he turned the request for the above-mentioned cause statement over to his father. Todd admits he should have followed up to see if the permit was pulled, but did not. Subsequent to the hearing, Mr. Crump filed a statement denying any intentional wrongdoing, and indicating his intent to give up his “personal business.” It is not known just what the term “personal business“ means. He claims that over the years he has donated significant amounts of professional service to the homeless and other needy persons in his area, but has ceased doing so because of the actions of the Board in attempting to discipline him. He contends the charges against him are unjustified and unwarranted and he implies there is a vendetta against him by the Executive Director of the Board. No independent evidence of this was presented. In a submittal subsequent to hearing, the Board Director recommended imposition of the maximum administrative fine of $1,000, a reprimand, and a one-year probation period with the requirement to file monthly reports on all work contracted.
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 imposing on Respondent William L. Crump, Jr., an administrative fine of $500.00 and a reprimand, and placing Respondent’s license on probation for a period of one year under such terms and conditions as the Board may proscribe. DONE AND ENTERED this 22nd day of July, 1998, in Tallahassee, Leon County, Florida. ARNOLD H. POLLOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6947 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of July, 1998. COPIES FURNISHED: William J. Owens Executive Director Pinellas County Construction Licensing Board 11701 Belcher Road Suite 102 Largo, Florida 33773-5116 William L. Crump, Jr. 2112-J Sunnydale Boulevard Clearwater, Florida 34625
