The Issue The issues in Case No. 07-4376PL are whether Respondent violated Subsections 489.129(1)(i), 489.119(2), 489.126(2)(a), and 489.129(1)(j), (m), and (o), Florida Statutes (2004),1 and, if so, what discipline should be imposed. The issues in Case No. 07-4377PL are whether Respondent violated Subsections 489.1425(1), and 489.129(1)(i) and (o), Florida Statutes, and, if so, what discipline should be imposed.
Findings Of Fact Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165 and Chapters 455 and 489, Florida Statutes. Mr. Roach is, and was at all times material to this action, a certified roofing contractor in the State of Florida having been issued License No. CCC1326005. Mr. Roach's Certified Roofing Contractor License No. CCC1326005 is current and active. Mr. Roach's current addresses of record are Post Office Box 345, Orange Springs, Florida, and 22204 U.S. Highway 301, Hawthorne, Florida. At all times material to this action, Mr. Roach was a licensed qualifier for All Florida Roofing Contractors, Inc. (All Florida). There is evidence in the record sufficient to establish that Mr. Roach has been previously disciplined for a violation under Chapter 489, Florida Statutes. Notably, Mr. Roach has been previously disciplined for, among other things, violations of Subsections 489.129(1)(m) and (o), Florida Statutes. Case No. 07-4376PL Mr. Roach failed to obtain a Certificate of Authority for All Florida, as required by Subsection 489.119(2), Florida Statutes. On or about August 23, 2004, Mr. Pang contracted with Mr. Roach, to remove and replace the hurricane-damaged roof of his hotel property located at 1620 West Vine Street, Kissimmee, Florida. The contract price for the aforementioned project was $40,000.00. Mr. Pang made an initial payment of $2,250.00 on August 22, 2004, and another payment of $20,000.00 on August 23, 2004. As part of the contract, All Florida was required to pull the building permits for the project, and Mr. Roach failed to do this. Mr. Roach commenced work on the project on or about September 7, 2004. On or about late September 2004, he ceased work on the project, and the project remained unfinished. Mr. Pang paid All Florida an additional $10,000.00 on September 16, 2004. On October 1, 2004, the City of Kissimmee issued a Notice of Violation against Mr. Pang for failure to have a building permit for the work that had been performed by Mr. Roach on the roof. Mr. Roach scheduled repairs on the project, but did not return to the project. Mr. Roach did not have any inspections performed on the roof. Later, another contractor hired by Mr. Pang finished the roofing project at a cost of an additional $32,975.00. Case No. 07-4377PL On or about September 15, 2004, Ms. Perez contracted with Mr. Roach to repair roof damage to her residence at 1502 Golden Poppy Court, Orlando, Florida. The contract price for the aforementioned project was $7,268.32, of which Mr. Roach was paid $3,634.16 on September 18, 2004. The contract entered into between Ms. Perez and Mr. Roach failed to inform the homeowner of the Construction Industry Recovery Fund. On or about October 27, 2004, the Orange County Building Department issued Mr. Roach a permit for the aforementioned project (Permit No. T04018050). Mr. Roach did not have any inspections performed on the roof. On September 25, 2004, Ms. Perez paid $3,614.16 to All Florida, which was the remaining amount of the contract. Another contractor was hired by Ms Perez to correct deficient aspects of Mr. Roach's work on the roof at a cost of $900.00.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered whose outcome is the following: That in Case No. 07-4376PL Respondent violated Subsections 489.129(1)(i), (j), (m) and (o), Florida Statutes; Dismiss Count II of the Administrative Complaint in Case No. 07-4376PL; In Case No. 07-4376PL, imposing an administrative fine of $1,000.00 for the violation of Subsection 489.129(1)(i), Florida Statutes; imposing an administrative fine of $5,000.00 for the violation of Subsection 489.129(1)(j), Florida Statutes; imposing an administrative fine of $2,500 for the violation of Subsection 489.129(1)(o), Florida Statutes; no administrative fine is recommended for the violation of 489.129(1)(m), Florida Statutes, because the violation is included in the violations of Subsections 489.129(1)(j) and (o), Florida Statutes; That in Case No. 07-4377PL, Respondent violated Subsections 489.129(1)(i) and (o), Florida Statutes; In Case No. 07-4377PL, imposing an administrative fine of $1,000 for the violation of Subsection 489.129(1)(i), Florida Statutes; imposing an administrative fine of $2,500 for the violation of Subsection 489.129(1)(o), Florida Statutes; Requiring Respondent to make Restitution to Mr. and Mrs. Pang in the amount of $25,000; Requiring Respondent to make Restitution to Ms. Perez in the amount of $900; and Revoking Respondent's contractor license. DONE AND ENTERED this 31st day of March, 2008, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 2008.
The Issue The issues are based upon an administrative complaint brought by the State of Florida, Department of Professional Regulation against Phillip E. Sheffield, Respondent. In particular, Respondent is said to have violated the building code of the City of Jacksonville, Florida by failing to obtain a building permit before commencing construction work related to a roofing project and building the roof to a slope that was contrary to that local building code. For violations of the City of Jacksonville building code, Respondent is said to have violated Section 489.129(1)(d), Florida Statutes, by willful or deliberate violation and disregard for the applicable building code of the municipality. Finally, Respondent is said to have violated Section 489.113(3), Florida Statutes by failing to subcontract roofing work.
The Issue Whether Respondent, Glenn V. Curry, committed the offenses alleged in the Administrative Complaint and, if so, what discipline should be imposed against Respondent's roofing contractor's license.
Findings Of Fact At all times pertinent to this proceeding, Respondent, Glenn V. Curry, was a certified roofing contractor having been issued license C-3810. During times material hereto, Respondent was the qualifying contractor for Economic Roofing Company, 2538 Surinam Court, Holiday, Florida. On or about December 27, 1995, Connie Socash, an investigator with the Pinellas County Construction Licensing Board, observed two individuals performing roofing work on the structure located at 2024 Cleveland Street in Pinellas County, Florida. Adjacent to the Cleveland Street property was a truck from which the individuals were working. Affixed to the truck was a magnetic sign with the words "Economic Roofing" printed on it. When approached by Ms. Socash, the two people performing the roofing work stated that they were subcontractors for Economic Roofing. One of the individuals performing the roofing work identified herself as Bonnie Sargent. However, neither of the individuals provided Investigator Socash with a roofing contractor's license or license number. After determining that Petitioner had not issued a roofing contractor's license to Bonnie Sargent, Investigator Socash issued a citation to the person identifying herself as Bonnie Sargent. The citation was issued to Ms. Sargent for subcontracting and performing "roofing work without a competency license as required by law." The citation, which was signed by Ms. Sargent, listed the following two options that were available to her: (1) pay a fine of $125.00 within a specified time period; or (2) appear at the Pinellas County Misdemeanor Courthouse on January 19,1996. Ms. Sargent chose the first option and paid the fine of $125.00 on or about January 9, 1996. After issuing the citation to Bonnie Sargent, Investigator Socash contacted Respondent regarding the Cleveland Street roofing project. Respondent refused to cooperate with Investigator Socash and failed to provide her with any information regarding the relationship of Bonnie Sargent to Economic Roofing. Prior to this case, Respondent has not been the subject of any disciplinary action by the Pinellas County Construction Licensing Board.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Pinellas County Construction Licensing Board enter a Final Order: Finding Respondent, Glenn V. Curry, guilty of violating Section 489.129 (1) (e), Florida Statutes, and Chapter 89-504, Section 24 (2) (d), (e), (j), and (m), Laws of Florida as alleged in the Administrative Complaint. Imposing an administrative fine of $750.00. Suspending Respondent's roofing contractor's certificate for one year. Such suspension may be stayed subject to terms and conditions prescribed by the Pinellas County Construction Licensing Board. DONE and ENTERED this 27th day of August 1996, in Tallahassee, Florida. CAROLYN S. HOLIFIELD Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1996. COPIES FURNISHED: William J. Owens Executive Director Pinellas County Construction Licensing Board 11701 Ulmerton Road Largo, Florida 34643-5116 Glenn V. Curry 2538 Surinam Court Holiday, Florida 34691 Howard Bernstein, Esquire County Attorney's Office 315 Court Street Clearwater, Florida 34616-5165
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is recommended that the Construction Industry Licensing Board issue a written reprimand to respondent Elias Davis for failure to pull a permit on a roofing job. RECOMMENDED this 5th day of April, 1984, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of April, 1984.
The Issue Whether Respondent violated Sections 489.129(1)(e),(m), Florida Statutes (Supp. 1988), and Section 489.129(1)(r), Florida Statutes (1993), and if so, what penalty should be imposed.
Findings Of Fact Petitioner, Department of Business and Professional Regulation, Construction Industry Licensing Board (Department), is the state agency charged with the responsibility to prosecute administrative complaints pursuant to Chapters 489, 455, and 120, Florida Statutes. At all times material to this proceeding, Respondent, Kenneth G. Steeprow (Steeprow), was licensed as a certified roofing contractor in the State of Florida, having been issued license number CC C036974. He is registered to do business individually, and his license is currently inactive. On April 23, 1987, Ken Steeprow Roofing applied for an extension of credit with Gory Associated Industries, Inc. (Gory). The application listed Ken Steeprow as the owner of Ken Steeprow Roofing. A copy of Steeprow's individual roofing contractor certificate was included with the application. Also included with the credit application was a guaranty signed by Steeprow and his wife for credit extended to Ken Steeprow Roofing. On November 15, 1988, Steeprow Enterprises, Inc. was formed as a Florida corporation. The president of the company was Steeprow, and the secretary/treasurer of the company was Steeprow's wife, Tamara Cherry Steeprow. Steeprow did not qualify Steeprow Enterprises, Inc., as required by Sections 489.119 and 489.1195, Florida Statutes. Steeprow admitted at hearing that he operated Steeprow Enterprises, Inc., during 1989. Steeprow also admitted at hearing that it had been his practice to sign building permit applications in blank and that the secretaries for the company would type in the name of Steeprow Enterprises, Inc., on the application forms. These application forms were used to pull building permits for Steeprow Enterprises, Inc. On February 22, 1989, Gory sent a letter to Ken Steeprow Roofing to the attention of Steeprow, requesting that Steeprow review the information from its customer file and verify whether the information was accurate. On March 9, 1989, Gory received a response, advising that the firm's name was Steeprow Enterprises, Inc., and including a completed application for extension of credit for Steeprow Enterprises, Inc. The contractor's license number listed on the credit application was CC C036974. At the time of the application, Tamara Steeprow signed an agreement for extension of credit on behalf of Steeprow Enterprises, Inc. The agreement included the following provisions: We agree to notify Gory Associated Industries, Inc. immediately in the event of a change of ownership or in the form of our business. We further agree that any goods or merchandise purchased from Gory Associated Industries, Inc. shall remain the property of Gory Associated Industries, Inc. until payment is received for said merchandise and goods by Gory. BLANKET CERTIFICATE OF RESALE STATEMENT This is to certify that all material, merchandise, or goods purchased by the undersigned from Gory Associated Industries Inc. is purchased for the purpose of ROOFING CONSTRUCTION and is purchased under certificate number . This certificate shall be considered a part of each order which we shall give provided such order contains our certificate number. This certificate is to continue in force until revoked. Although the certificate number is blank in the agreement, the credit application included a copy of the certificate for Kenneth Steeprow as a roofing contractor, license number CC C036974. On March 9, 1989, Kenneth Steeprow and Tamara Steeprow signed a guaranty for the extension of credit to Steeprow Enterprises, Inc. The guaranty provided: THE UNDERSIGNED, herein jointly and severally referred to as Guarantor, makes this agreement with Gory Associated Industries, Inc., or divisions thereof, herein referred to as Creditor, with respect to credit extended and to be extended to STEEPROW ENTERPRISES INC. herein referred to as Debtor. For valuable consideration Guarantor does hereby unconditionally guarantee to Creditor, its successors and assigns, prompt and punctual payment of the full amount, including accrued interest, of any and all obligation, indebtedness or liability, whether arising before or after the date hereof, and whether primary or secondary, (herein referred to as "liabilities") of Debtor to Creditor from time to time and at all times hereof and hereafter without limitation as to amount, together with interest, and all expenses of collection, costs and reasonable attorney's fees, whether suit be instituted or not. * * * The obligations hereunder shall be continuing and irrevocable except as herein provided. Revocation may be made by thirty (30) days notice in writing signed by Guarantor and delivered to Creditor, in person or by certified mail only. Any notice shall not effect or impair in any manner whatsoever the obligations of this Guaranty as to liabilities of the Debtor to Creditor existing or committed at or before the time such notice becomes effective. On March 18, 1989, Steeprow resigned as President of Steeprow Enterprises, Inc., and was replaced by his wife. The stock in Steeprow Enterprises, Inc., was sold to Erick Holland on or about January 1, 1990. Erick Holland was not licensed as required by Chapter 489, Florida Statutes. In July, 1991, Monier Roofing Tile, Inc. (Monier), acquired Gory and became the assignee of contract rights and accounts receivable of Gory. Steeprow Enterprises, Inc., ordered roofing supplies from Monier from November 1991 through June 1992 and defaulted in making payments for the roofing materials. In November 1992, Monier brought suit in the Circuit Court of Broward County, Florida, Case Number 92-28733(21), against Steeprow Enterprises, Inc., Steeprow, and Tamara Cherry Steeprow for the money owed by Steeprow Enterprises, Inc. A summary judgment in the aggregate amount of $21,548.09 was entered August, 3, 1993, against all defendants, including Steeprow. The defendants appealed the summary judgment. The Fourth District Court of Appeal rendered an opinion on October 26, 1994, affirming the trial court's decision, stating specifically that as to the individual defendants, including Steeprow, their pleadings and affidavits were deficient and even if construed as an attempt to raise affirmative defenses failed to state a viable defense. The case was remanded to the trial court for the assessment of attorney's fees, and on February 14, 1995, a final judgment was entered, awarding Monier attorney's fees in the amount of $6,600 against all defendants. In May or June 1996, Steeprow filed a voluntary petition in bankruptcy in the United States Bankruptcy Court, Southern District of Florida, Case Number 96-32243. The petition was dismissed on Steeprow's motion on January 10, 1997. The judgments remain unpaid. Steeprow stated at the hearing that he does not intend to pay the judgments. A reasonable time within which to satisfy a judgment is ninety days.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Kenneth G. Steeprow violated Sections 489.129(1)(e), and (m), Florida Statutes (Supp. 1988) and Section 489.129(1)(r), Florida Statutes (1993), imposing an administrative fine of $2,000 for the violation of Section 489.129(e), imposing an administrative fine of $500 for the violation of Section 489.129(1)(m), assessing costs of investigation, and revoking license number CC C036974. DONE AND ENTERED this 28th day of August, 1997, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 28th day of August, 1997. COPIES FURNISHED: William S. Cummins Senior Attorney Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kenneth G. Steeprow 5985 Acme Avenue Port St. John, Florida 32927 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
