The Issue Whether Respondent, who is licensed as a Plans Examiner, a Building Inspector, and a Building Code Administrator, committed the offenses alleged in the three-count Administrative Complaint and, if so, the penalties if any that should be imposed.
Findings Of Fact Petitioner is the agency of the State of Florida with the responsibility to regulate Building Code Administrators and Inspectors pursuant to Section 20.165, Chapter 455, and Part XII of Chapter 468, Florida Statutes. At all times relevant to this proceeding, Respondent held licenses as a Standard Plans Examiner in Building and Mechanical; a Standard Inspector in Building and Mechanical; and a Building Code Administrator. Section 468.603(1), Florida Statutes, provides the following definitions relevant to this proceeding: Building code administrator" or "building official" means any of those employees of municipal or county governments with building construction regulation responsibilities who are charged with the responsibility for direct regulatory administration or supervision of plan review, enforcement, or inspection of building construction, erection, repair, addition, remodeling, demolition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinance. This term is synonymous with "building official" as used in the administrative chapter of the Standard Building Code and the South Florida Building Code. . . . Section 468.603(2), Florida Statutes, provides the following definition relevant to this proceeding: (2) "Building code inspector" means any of those employees of local governments or state agencies with building construction regulation responsibilities who themselves conduct inspections of building construction, erection, repair, addition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinance. Section 468.603(6), Florida Statutes, provides the following definitions relevant to this proceeding: "Categories of building code inspectors" include the following: "Building inspector" means a person who is qualified to inspect and determine that buildings and structures are constructed in accordance with the provisions of the governing building codes and state accessibility laws. * * * (e) "Mechanical inspector" means a person who is qualified to inspect and determine that the mechanical installations and systems for buildings and structures are in compliance with the provisions of the governing mechanical code. Section 468.603(7), Florida Statutes, provides the following definitions relevant to this proceeding: "Plans examiner" means a person who is qualified to determine that plans submitted for purposes of obtaining building and other permits comply with the applicable building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other applicable construction codes. Categories of plans examiners include: (a) Building plans examiner. * * * (c) Mechanical plans examiner. Section 468.603(7), Florida Statutes, provides the following definitions relevant to this proceeding: "Building code enforcement official" or "enforcement official" means a licensed building code administrator, building code inspector, or plans examiner. Ramon Melendez, doing business as R.E.M. Roofing, Inc., was not licensed as a construction contractor in Florida at any time relevant to this proceeding. Mr. Melendez was not individually licensed as a construction contractor in Florida at any time relevant to this proceeding. R.E.M. Roofing, Inc., was not qualified as a construction business by any certified or registered contractor in Florida at any time relevant to this proceeding. On or about March 20, 1998, Mr. Melendez, doing business as R.E.M. Roofing, Inc., contracted with Pedro Camacho to re-roof the residence located at 3961 N.W. 170th Street, Miami, Florida, for the sum of $3,000. Mr. Camacho paid Mr. Melendez the agreed sum in cash based on the contract dated March 20, 1998. On or about June 3, 1998, Mr. Melendez, doing business as R.E.M. Roofing, Inc., contracted with Santos Valentin to re- roof the residence located at 4412 N.W. 185th Street, Opa Locka, Florida, for the sum of $2,800. Mr. Valentin paid R.E.M. Roofing, Inc. the sum of $1,400 on June 8, 1998. Mr. Valentin paid Mr. Melendez the additional sum of $800 on June 10, 1998. Both payments, which were by check, were for the roofing work described in the contract dated June 3, 1998. On April 6, 1998, Respondent applied for and obtained a permit for the Camacho roofing work. This permit application was submitted to the Metropolitan Dade County Department of Planning Development and Regulation. Respondent signed the permit application as “the contractor” and inserted his contractor license number and social security number on the application. The application submitted by Respondent on April 6, 1998, was a fraudulent sham. At no time was Respondent the contractor for the Camacho roofing work. Respondent’s action in obtaining the building permit aided and abetted an unlicensed contractor to engage in contracting. On June 8, 1998, Respondent applied for and obtained a permit for the Valentin roofing work. This permit application was submitted to the Metropolitan Dade County Department of Planning Development and Regulation. Respondent signed the permit application as “the contractor” and inserted his contractor license number and social security number on the application. The application submitted by Respondent on June 8, 1998, was a fraudulent sham. At no time was Respondent the contractor for the Valentin roofing work. Respondent’s action in obtaining the building permit aided and abetted an unlicensed contractor to engage in contracting. Miami-Dade County Compliance Investigator Daniel Vuelta filed criminal charges against Respondent in two separate criminal cases. One case was for his involvement in the Camacho roofing project and the other was for his involvement in the Valentin roofing projects. These cases were brought in Miami- Dade County Court and assigned case numbers M99-57926 and M99- 57931. In each case, Respondent was charged with one count of Unlawful Application for Building Permit and one count of Aiding and Abetting an Unlicensed Contractor. All charges were first- degree misdemeanors. On February 22, 2001, Respondent entered into a plea agreement to resolve those criminal charges. Respondent entered a plea of guilty to each of the two counts in Case M99-57931, and he was subsequently adjudicated guilty of each count. As part of the plea agreement, the State agreed to nolle pross Case M99-57926. The crimes to which Respondent entered a guilty plea involved fraudulent building permits and, consequently, were directly related to building code enforcement. Petitioner’s investigative costs for this case, excluding costs associated with any attorney’s time, were $427.29.
Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that Petitioner enter a final order finding Respondent guilty of the offenses alleged in Counts I, II, and III. It is further RECOMMENDED that the final order revoke Respondent’s licensure and impose an administrative fine against him in the amount of $3,000. It is further RECOMMENDED that Petitioner order Respondent to pay its investigative costs, excluding costs associated with any attorney’s time, in the amount of $427.29. DONE AND ENTERED this 7th day of April, 2005, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of April, 2005.
Findings Of Fact The Respondent is a registered roofing contractor, having been issued license number RC 0034898. He operates a business known as B & P Roofing at 244 Tollgate Trail, Longwood, Florida. The Respondent has appropriately qualified the business name of "B & P Roofing" with the Petitioner. The Petitioner is an agency of the State of Florida charged with enforcing the provisions of Chapter 489, Florida Statutes, with regard to licensure of building contractors, the regulation of their licensure status and methods of operation and practice. During June of 1981, the Respondent, doing business as B & P Roofing, contracted to perform a re-roofing job with Mr. Jack Mewhirter, whereby he was to put a new roof on a residence at 137 Variety Tree Circle, Altamonte Springs, Florida. The construction of the roof was contracted for and completed during June, 1981. The Respondent failed to obtain a building permit before or during construction of the roof and also failed to obtain a final inspection of the roof when it was finished in June, 1981. The Respondent's testimony establishes that the Respondent was familiar with the building code adopted in Seminole County and familiar with the requirement that he was responsible as the contractor, to obtain a permit before commencing construction of the roof and that he was also responsible for obtaining a final inspection by the Seminole County Building Official. In response to a complaint from Mr. Mewhirter, the owner of the residence, the Seminole County Building Officials, Mr. Flippent and Mr. Del'Attibeaudierer became aware that no building permit had been obtained for the re-roofing job and that no final inspection had been obtained pursuant thereto. Accordingly, Mr. Del'Attibeaudierer inspected the roof in November, 1981, and Mr. Flippent informed the Respondent of the necessity to obtain a building permit and a final inspection. Thus, on November 10, 1981, the Respondent obtained the building permit and called for the final inspection. Mr. Del'Attibeaudierer was unable to sign the final inspection document as "satisfactory" because he was unable to adequately inspect the roof once it was finished. He had been unable to inspect the method by which it was installed during its construction due to the Respondent failing to inform him or his superiors that the roof was under construction and that inspections were needed at that time. hen the Respondent entered into the contract with Mr. Mewhirter, he informed Mr. Mewhirter that he would not obtain a building permit because that would "drive the cost up." The Respondent, in his testimony, denied that he made such a statement, but Mr. Mewhirter's testimony is here found more credible because of the facts established by Mr. Del'Attibeaudierer's testimony that a random check of the roof after he finally was able to inspect it in November, 1981, revealed that all the shingles he examined were nailed with only three nails and were nailed too high up near the upper edge of the shingle, which is a substandard method of installing the roof and which permits storm winds or rain to raise the shingles, causing possible damage to the roof. The fact that the roof was installed in this fashion and that fact that the Respondent admittedly knew of the requirements of the building code and the requirement that a permit be obtained and inspections be made during the course of and at the conclusion of the job, indicated that the Respondent was knowingly trying to avoid the necessity of obtaining a permit and a final inspection and thus lends sufficient credibility to Mr. Mewhirter's testimony regarding the reason the Respondent obtained no permit. In any event, the roof was shown to not be constructed in accordance with the building code. In summary, it was established that the Respondent knew of the appropriate building code, was thoroughly familiar with it and and indeed had installed an excess of seven hundred roofs since he entered the business. He was aware, in connection with the need for obtaining a building permit, that he should also obtain inspections during the construction and a final inspection when the roof was finished, which he failed to do until reminded of his violation by the building department five months after the roof was completed, at which time it was too late to perform the appropriate inspections. Thus, the roof could not be approved by the building department of Seminole County. The Respondent admitted to only being present on the subject job site for approximately an hour and a half during the entire construction of the roof and he admittedly did not bother to look to see if a permit was on the job site at that time, or any other time. Finally, although the Respondent remonstrated that his failure to get a building permit at the appropriate time was inadvertent and due to his assumption that other office personnel had taken care of the obtaining of the permit, that testimony is not found to be credible since it was established, through the testimony of Mr.. Mewhirter, that the Respondent consciously decided not to obtain a permit prior to starting construction of the roof.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence in the record and the candor and demeanor of the witnesses and the pleadings and arguments of the parties, it is, therefore RECOMMENDED: That the Respondent, George G. Vincent, be found guilty of the charges contained in Counts I and II of the Administrative Complaint and that an administrative fine of $1,000 be imposed. DONE and ENTERED this 23rd day of February, 1983, in Tallahassee, Florida. P. MICHAEL RUFF, 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 23rd day of February, 1983. COPIES FURNISHED: John O. Williams, Esquire 547 North Monroe Street Suite 204 Tallahassee, Florida 32301 Gary Siegel, Esquire 292 U.S. Highway 17-92 P.O. Drawer 965 Fern Park, Florida 32730 James A. Linnan, Executive Director Construction Industry Licensing Board P.O. Box 2 Jacksonville, Florida 32202 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DEPARTMENT OF PROFESSIONAL REGULATION, Petitioner, v. DPR Case No. 0017669 DOAH Case No. 82-1341 GEORGE C. VINCENT B & P Roofing RC 0034898 244 Tollgate Trail Longwood, Florida 32750, Respondent. /
The Issue The Administrative Complaint in this cause charges the Respondent with having been the qualifier for Re-Mod-Co Builders, Inc., and that Re-Mod-Co contracted with Mr. and Mrs. Edward Macek to repair the roof of the Macek home in Fort Myers, Florida. The Administrative Complaint charges that no permit was obtained for the Macek roofing job, contrary to Section 107.2, Standard Building Code, as adopted by Lee County, Florida, and that the Respondent was not certified or registered as a roofing contractor, contrary to the provisions of Ordinance 80-31, Section (1)(a) and 8-8(3)(a) of Code of Laws and Ordinances in Lee County. The Administrative Complaint alleges that the foregoing violations constitute a violation of Section 489.129(1)(d), Florida Statutes, because the Respondent willfully or deliberately disregarded and violated the laws of the state or of any municipality or county thereof.
Findings Of Fact Dennis E. Rodriguez was issued a residential contractor's license number CR CO12393 in February, 1978. Rodriguez qualified Re-Mod-Co Builders, Inc., in November of 1950, and license number CR CAI2393 was issued to Dennis E. Rodriguez, Re-Mod-Co Builders, Inc., 4023 W. Water Avenue, Tampa, Florida 33612. In March, 1951, a change of status was submitted by Respondent, requesting that license number CR CA12393 issued to Rodriguez and Re-Mod-Co be changed to reflect qualification of Bay to Bay Designs. At the time of the hearing, the Respondent held license number CR CO12393. On February 10, 1951, Re-Mod-Co Builders, Inc., contracted with Mr. and Mrs. Edward Macek to repair the roof of their home at 1553 Braeburn Road, Fort Myers, Florida 33907, and completed the contract work on February 16, 1981. The records of the Lee County Building Department reflect that no roofing permits were issued between February 6 through February 16, 1981, to Re-Mod-Co Builders, Inc., for owner Edward Macek. The ordinances of Lee County require that a permit be obtained prior to repairing a roof within Lee County. The ordinances of Lee County also require the certification or registration of roofing contractors and limit to roofing contractors the repair to roofs within Lee County. See Section 107.2, Standard Building Code, as adopted by Lee County Ordinance 81-5 and Section (1)(a) and Section 8-8(3)(a), Ordinance 50-31, Code of Laws and Ordinances in Lee County. The records of the Department of Professional Regulation do not reflect that Dennis E. Rodriguez is now or ever has been a registered or certified roofing contractor. At the time that Re-Mod-Co Builders, Inc., repaired the Maceks' roof, Dennis E. Rodriguez was not a certified or registered roofing contractor, and Re-Mod-Co Builders, Inc., for which Rodriguez was qualifier, did not obtain a building permit for the repairs to the Maceks' roof. Respondent Rodriguez had no knowledge of the operation of Re-Mod-Co Builders, Inc., in Fort Myers or the fact that said company entered into a contract to repair the roof of Edward Macek. Said work was done under the direction of John Franta (phonetic). The Respondent had no knowledge of Re-Mod- Co Builders, Inc., operating outside of Hillsborough County until the secretary for the corporation told him. When the Respondent became aware that Re-Mod-Co was operating under his license in Fort Myers, the Respondent immediately advised the Board to change his qualification from Re-Mod-Co to Bay to Bay Designs. The Respondent received $400 per week to schedule jobs for Re-Mod-Co, order materials, and check the performance of subcontractors for Re-Mod-Co within Hillsborough County.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Administrative Complaint against Dennis Rodriguez be dismissed because the allegations are not proven. DONE and RECOMMENDED this 11th day of April, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 11th day of April, 1983. COPIES FURNISHED: Xavier J Fernandez, Esquire 2021 Hendry Street Post Office Box 1222 Fort Myers, Florida 33902 Frank V. Vaccaro, Esquire 316 Hyde Park Avenue Tampa, Florida 33606 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 K. Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DEPARTMENT OF PROFESSIONAL REGULATION, Petitioner, vs. CASE NO. 16942 DOAH CASE NO. 82-1340 DENNIS E. RODRIGUEZ, Respondent. /
Findings Of Fact At all times material to these proceedings, Section 4-67 of the Building Regulations, Supplement Number 44, Pasco County Ordinances were in effect and said regulation is the applicable local law. During the applicable time period, the Respondent, ROBERT G. FELLENZ, SR., was registered by the State of Florida as a roofing contractor and held license number RC0027998. Mr. Fellenz is the qualifying agent for Fellenz Roofing Co., Inc. On or about March 24, 1987, the Respondent, FELLENZ entered into a contract with James J. Hoover to re-roof a portion of his residence located at 822 Crestfield Avenue, Holiday, Pasco County, Florida. On April 1, 1987, the Respondent went to the building department in Pasco County to acquire the necessary permit to begin the Hoover project. During the processing of the permit, the Respondent learned that a stop order had been placed on the job. His work crew had disobeyed his direct orders and began work before the permit was obtained. While the Respondent was in the process of having the stop order removed, he learned that his liability insurance had expired. Proof of liability insurance coverage was needed by the Respondent in order for the building permit to be issued by Pasco County on the Hoover project. The Respondent contacted his customer, Mr. Hoover, and explained that he had an insurance coverage problem which he needed to straighten out before work could continue on the roof, and before he could obtain the building permit. Mr. Hoover was not home on the day the re-roofing project was begun and completed by the Respondent. On April 3, 1987, the Respondent obtained liability insurance coverage which went into effect on that date. He began and completed the Hoover re- roofing project on that date. On April 6, 1987, the building department issued the building permit on the Hoover project. A final inspection was never called for by the Respondent. The Respondent has previously been found to have violated Section 489.129(1)(d), Florida Statutes, in Case No. 69097 Construction Industry Licensing Board.
The Issue Whether the Respondent, Miguel Diaz-Perna, committed the violations alleged in the administrative complaints and, if so, what penalty should be imposed.
Findings Of Fact The Department is the state agency charged with the responsibility of regulating construction industry licensees. At all times material to the allegations of these complaints, the Respondent was licensed as a certified general contractor, license number CGC026702. Respondent's license is held in his individual name. The company known as M.D.P. General Contractor, Inc., is not registered by the Construction Industry Licensing Board as a contractor. M.D.P. General Contractor, Inc., has not been qualified to practice contracting in the State of Florida. On November 18, 1992, an individual named Gum Lee contracted with Respondent who was doing business under the entity name M.D.P. General Contractor, Inc., for the roof of his hurricane-damaged home. While the contract identified Respondent as the president of the corporate entity and represented it to be a certified state general contractor, the contract did not bear Respondent's individual license number. Respondent's price for re-roofing the Gum Lee residence was $13,000. Gum Lee paid Respondent the full $13,000. Respondent began work at the Gum Lee resident in November 1992. Subsequently, in April 1993 Respondent, again doing business as M.D.P. Contractor, Inc., entered into a second agreement with Gum Lee to make an addition to the residence. This second contract also did not bear Respondent's license number. The contract price for this addition was to be $20,000. Subsequently, Respondent obtained a permit from the Metro-Dade Building Department for work at the Gum Lee residence. In July, 1993, Respondent executed an affidavit that all materialmen and subcontractors had been paid for labor and materials supplied to the Gum Lee projects. In fact, Respondent had failed to pay at least one company, Coma Cast Corporation, in the amount of $3,808.44. Coma Cast Corporation placed a valid lien on the Gum Lee property. Neither Respondent nor M.D.P. Contractor, Inc., satisfied the lien within 75 days. Moreover, as of the date of hearing, Respondent had not satisfied the lien. Despite having paid Respondent for the work and materials at his home, in order to satisfy the lien, Gum Lee was required to remit an additional $6,026.01 to Coma Cast. In November, 1992, Li Kam Ming and Wan Chang Lu contracted with Respondent, doing business as M.D.P. Contractor, Inc., for the roof of their home. This contract, like the proposal form used by Respondent in all instances in this cause, did not contain Respondent's license number. The contract price for the work for this project was $11,600 for which Respondent was paid in full. Respondent pulled a Metro-Dade Building Department permit for the Ming/Lu project on or about December 18, 1992. Respondent's individual license as a general contractor does not entitle him to perform roofing contracting in Florida. Respondent represented himself to Ming and Lu as a licensed roofing contractor. In November 1993, Coma Cast Corporation placed a valid lien against the Ming/Lu home in the amount of $2,872.86. This amount was due for materials furnished to this project and which were unpaid by Respondent or M.D.P. Contractor, Inc. Despite notice of the lien, Respondent failed to satisfy it within 75 days. On August 30, 1994, the property owners satisfied the lien by remitting $4,900. Following mediation in circuit court, Respondent was ordered to pay Ming and Lu the sum of $5,400 to resolve this matter, but he has failed or otherwise refused to do so. In February, 1993, Respondent contracted with Ethel Odwin for repairs at her hurricane-damaged home in Miami. As in the other cases, Respondent entered into this agreement as M.D.P. Contractor, Inc. No license number was included in the proposal form. A second project (and agreement for same) at the Odwin home was entered into by Respondent on October 11, 1993. This project required repairs to the swimming pool at the residence. The total contract price for both projects at the Odwin home was $46,664, of which Mrs. Odwin paid Respondent $44,917.40. Respondent pulled a Metro-Dade Building Department permit for work at the Odwin home, but did not obtain a permit for the swimming pool repair. At no time material to the allegations of this case has Respondent been licensed or certified to perform swimming pool contracting in the State of Florida. Respondent did not subcontract the swimming pool work to be performed at the Odwin residence. Respondent did not complete all work at the Odwin home and, in fact, as a percentage of the work completed, received more funds than he was entitled to under the parties' agreement. Mrs. Odwin was required to expend an additional $8,000 in order to complete the work at the home after Respondent abandoned the projects in February 1994. Respondent's excuse that his gravely ill son distracted him during the time frames of these cases cannot explain why he has failed to attend to the financial responsibilities of his business subsequent to his son's death.
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 revoking Respondent's license, imposing an administrative fine in the amount of $15,000, and requiring financial restitution to the extent that same does not contravene federal bankruptcy law. DONE AND ORDERED this 10th day of September, 1997, in Tallahassee, Leon County, Florida. J. D. PARRISH 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 10th day of September, 1997. COPIES FURNISHED: Rodney Hurst, Executive Director Construction Industry Licensing Board 7960 Arlington Expressway, Suite 300 Jacksonville, Florida 32211-7467 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 John O. Williams, Esquire Boyd, Lindsey, Williams & Branch, P.A. 1407 Piedmont Drive, East Tallahassee, Florida 32317 Miguel Diaz-Perna 14631 Southwest 148th Street Circle Miami, Florida 33189
