Findings Of Fact From May 1, 1985, through June 30, 1987, Respondent, John Gonzalez, was a registered general contractor and qualifying agent for Le-Go Developers, Inc., license-number RG-A02757. On his application for qualification of Le-Go Developers, Inc., respondent was required to list his individual address and the address of the business entity. To this end, respondent provided an individual address of 8435 Crespi Boulevard, Miami Beach, Florida, and a business address of Le-Go Developers, Inc., of 9840 S.W. 81st Street, Miami, Florida. On March 25, 1986, Ms. Selma Roberts contracted, through respondent, with Le-Go Developers, Inc., for certain repairs to an apartment complex owned by her, and located at 8415 Crespi Boulevard, Miami Beach, Florida. At the time, respondent was a tenant of Ms. Roberts. Pursuant to the terms of the agreement, Le-Go Developers, Inc., was to repair an existing dock for $700 and paint the railings in the apartment complex for $400. Ms. Roberts paid Le-Go Developers, Inc., $1,100 in advance for the work. At no time did Ms. Roberts and respondent discuss the need for a building permit to undertake the agreed upon work, and no permit was secured for the project or posted on the job site. The building regulation pertinent to this case provide: PERMITS REQUIRED It shall be unlawful to construct, enlarge, alter, repair, move, remove or demolish any building structure, or any part thereof. . . without first having filed application and obtained a permit therefor, from the Building official.... EXCEPTION: No permit shall be required, in this or any of the following sections, for general maintenance or repairs...the value of which does not exceed one hundred dollars ($100.00) in labor and material as determined by the Building official. Permits, to be issued by the Building Official, shall be required for the following: (a) The erection or construction of any building or structure, the adding to, enlarging, repairing, improving, altering, covering, or extending of any building or structure. Respondent repaired the dock and painted the railings in the apartment house. The work was not, however, apparently to Ms. Roberts' satisfaction and she paid a third party $100 to correct the deficiencies she perceived. While the work may not have satisfied Ms. Roberts, there is no competent proof that respondent did not comply with the terms of the agreement, that the work was not performed in a workmanlike manner, or that the work did not conform to existing building codes. At some point during the spring of 1987, respondent moved from the apartment at 8415 Crespi Boulevard to a new residence, and permitted his license to lapse. Respondent did not notify petitioner of his new residence address until he applied to reinstate his license in April 1988, as discussed infra. The petitioner's records demonstrate that respondent's license was on a delinquent status for non-renewal from July 1, 1987, until his application to change the status of his license and reinstate his license was approved May 23, 1988. In his application, dated April 4, 1988, respondent listed his residence address as 8440 Byron Avenue, Miami, Florida.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered imposing a reprimand and administrative fine in the sum of $250 against respondent. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of August, 1988. WILLIAM J. KENDRICK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1050 Filed with the Clerk of the Division of Administrative Hearings this 15th day of August, 1988. APPENDIX Petitioner's proposed findings of fact are addressed as follows: 1. Addressed in paragraph 3. 2 & 4. Addressed in paragraph 4. 3. To the extent pertinent, addressed in paragraph 1. 5-7. Addressed in paragraphs 7 and 8. 8-9. Addressed in paragraph 5 and paragraph 2 of the Conclusions of Law. 10. Addressed in paragraph 9. COPIES FURNISHED: Belinda H. Miller, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Mr. John Gonzalez 8440 Byron Avenue, #1 Miami, Florida 33167 Fred Seely, Executive Director Department of Professional Regulation Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 William O'Neil, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue The issue presented for decision herein is whether or not the Respondent, David H. Tinius, unlawfully abandoned a construction project; diverted funds received for completion of a construction project and thereby failed to fulfill his contractual obligations.
Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found. By its administrative complaint filed herein signed October 6, 1982, the Petitioner, Construction Industry Licensing Board, seeks to suspend, revoke or take other disciplinary action against the Respondent's registered building contractor's license. During times material herein, Respondent was a registered building contractor and has been issued license No. RB0024083. On approximately April 20, 1978, Respondent entered into a contract with Jess Marks to build a residence in Tamarac, Florida, for the sum of $46,551. Respondent commenced construction of the Mark's residence but left the site when it was approximately forty percent complete. At that time, Respondent had received approximately $44,000 of the contract sum. Jess Marks completed the construction of his residence by hiring another contractor to complete the project and expended approximately $50,000 over and above the contract price as agreed upon by the Respondent to complete his residence. Respondent never returned any of the monies received from the Marks for completion of the residence. On approximately April 24, 1978, Respondent entered into a contract with Abe Abrahams to construct a residence in Tamarac, Florida, for the sum of $30,473. Respondent left the Abrahams' project after he had received $6,000 and had completed approximately ten percent of the work on the Abrahams' residence. Respondent did not return to the site nor did he return any of the monies received from the Abrahams for the construction of their residence (See Petitioner's Composite Exhibit No. 5). The Abrahams had to pay for supplies and material bought for the project by the Respondent and which reportedly had been paid, according to Respondent. THE RESPONDENT'S POSITION As noted hereinabove, the Respondent did not appear to contest or otherwise refute the allegations contained in the administrative complaint filed herein. However, Respondent, through counsel, filed an answer which admitted the complaint allegations filed herein.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, hereby RECOMMENDED that the Respondent's registered building contractor's license No. RB0024083 be REVOKED. DONE and RECOMMENDED this 29th day of August, 1983 in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of August, 1983 COPIES FURNISHED: Michael J. Cohen, Esquire 2715 East Oakland Park Boulevard Suite 101 Fort Lauderdale, Florida 33306 David H. Tinius 4420 Northwest 36th Court Lauderdale Lakes, Florida 33309 David H. Tinius Post Office Box 6338 Charlotte Amalil St. Thomas, U.S.V.I. 00801 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether Respondent's license should be disciplined for reasons stated in the Administrative Complaint filed herein dated November 30, 1987.
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 make the following relevant factual findings: Petitioner, Department of Professional Regulation, Construction Industry Licensing Board, is the State agency charged with regulating the construction industry and is responsible for prosecuting administrative complaints issued pursuant to Chapters 489 and 455, Florida Statutes and rules and regulations promulgated pursuant thereto. At times material hereto, Respondent, George Walton, was licensed as a Certified General Contractor in Florida and holds License No. CG C031400. (Petitioner's exhibit E.) At all times material hereto, Respondent was the sole qualifying agent for AMI Improvements Incorporated (AMI). On March 10, 1987, David Lee entered into a contract with AMI to remodel his bathrooms. The scope of the job entailed tearing out interior walls to accommodate a new bathroom, remove a closet to fit a newly installed tub, installation of a marble tub with pad and step, installation of a vanity and tile floors, mirroring the walls, installation of lights over the sink and tub, installation of new faucets and tape and finish the walls. (Petitioner's exhibit 1.) The total contract price was $6,332.50. Pursuant to the contract, AMI was required to obtain the necessary building permits for the job. On April 7, 1987, AMI began remodeling the Lee's bathroom and was paid all but $502.27 of the total contract price by that time. Respondent did not obtain a permit prior to commencement of the work on April 7, 1987. A building permit was required to remodel a bathroom in Broward County in 1987. (Testimony of Susan Marchitello, Custodian of Records for the Broward County Building and Zoning Enforcement Division.) On April 23, 1987, a notice of violation from Broward County was issued to David Lee requiring that he cease and desist from continuing the remodeling work in his home, which work was being performed by AMI. AMI suspended work on the Lee residence on approximately April 23, 1987, and it remained dormant until he applied for a permit on May 7, 1987. While the work was stopped by the cease and desist order, Lee had no bathroom in his home. Upon issuance of the cease and desist order, Lee contacted Richard Bird of AMI, who advised that AMI customarily does not pull permits for inside work as they are normally in and out before anything is seen by building officials. AMI refused to pull the building permits and Lee therefore applied for, and obtained the building permits. AMI's plans and intentions were to complete the construction work at the Lee's home without a building permit. An Owner-Builder permit was issued to Mr. Lee on May 7, 1987. (Respondent's Exhibit 1.) Mr. Lee was without a toilet for 21 days and without a tub and shower for approximately six weeks. AMI promised Mr. Lee that the work would be completed within two weeks after the permits were obtained. Despite this promise, the bathroom did not pass final inspection until July 21, 1987, approximately two months after the permits were obtained. Mr. Lee communicated his concern to AMI in the form of a "punch list" of items to repair. AMI refused to repair those items and Lee, in turn, contacted Daniel Durbano Construction during August 1987 who provided Lee with a proposal to complete those items either that were not completed or to complete/repair those items that were not of workmanlike quality. Durbano presented Lee with his proposal on August 4, 1987, with an estimated cost (to repair the Lee's home) of $3,858.75. (Petitioner's exhibit 3.) After Durbano's proposal was presented to Lee, AMI returned to install the mirror around the tub and the shower stall enclosure. During the time when Lee was negotiating with Durbano about completing the project undertaken by AMI, Respondent was never at the subject site. When a final inspection was called for by Lee, the work completed by AMI did not pass the final inspection. Among the items listed in Lee's "punch list" were (1) the shower stall failed to drain properly as the pitch was almost flat and water settled around the bottom of the shower instead of draining, (2) the marble tub step is crooked and is larger on one end that on the other, (3) the knee wall is crooked and is approximately one inch thicker at the top than at the bottom, (4) the bathroom window does not open properly, (5) the door jam going into the master bedroom is improperly installed, and (6) the plastic caps that affix the toilet to the floor were lost. Lee prepared a second "punch list" and presented it to AMI during August 1987. Among the items listed as deficient were that the floor was uneven and the carpet or tile flooring could not be installed without correcting the floor. Daniel Durbano, a general contractor who is licensed in Florida, performed an inspection of the subject work performed by AMI during September 1987. Durbano found that the tile was not properly laid and the floors were "bumpy and wavy." He also found that the drywall was "wavy" and needed preparation to install wallpaper, there was no casing on the door entrance from the bathroom to the master bedroom, and that the cost would be approximately 20% less than the original estimate of $3,800 that he provided Lee. (Petitioner's exhibit 5.) Respondent is 64 years old and has been a certified contractor since 1954. He is licensed in the states of Ohio, West Virginia, and Florida. Respondent has apprenticed as a carpenter, brick layer, electrician and a plumber. He has been licensed in Florida since 1969. Respondent has twice been a qualifier, once for AMI and with a present engagement, Fixel's Fix It, Inc. As a qualifier for AMI, Respondent pulled permits and supervised construction during the periods of January 1987 through August 1987. Respondent no longer is qualifier for, or is otherwise affiliated with, AMI. Respondent was not aware of the work being performed at the Lee residence, although he was engaged, as a qualifier, to supervise all jobs where AMI was required to obtain a permit. Respondent first learned of problems with the Lee job when he was contacted by Petitioner during December of 1987. Respondent admits that although some of the work done in the Lee's home was probably up to industry's standards, there were areas of workmanship that should have been performed better. Respondent also admits that he relied on Richard Bird, a builder/developer affiliated as a coordinator with AMI and AMI's principal/owner, Tony Enzo, to inform him of projects that needed his supervision or assistance in obtaining permits.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that 1/ Petitioner enter a final order imposing an Administrative Fine in the amount of $1,000, payable to Petitioner within thirty days of entry of its final order, for the above-referenced violations of Chapter 489, Florida Statutes. RECOMMENDED this 20th day of January, 1989, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of January, 1989.
