Findings Of Fact Respondent is Richard K. Willis, a registered roofing contractor licensed by Petitioner and holding license RC-0041275 at all times pertinent to these proceedings. His address of record is Winter Haven, Florida. Respondent and Jeffrey Smith entered into a contract in July of 1986. Under terms of the agreement, Smith, a chiropractor, agreed to pay Respondent the sum of $2,200 to re-roof the facility which served as Smith's home and office. The agreement signed by the parties contains a written guarantee that materials to be used in the project would meet specifications set forth in the document. Further, the guarantee stated that work would be completed in "a workmanlike manner according to standard practices." The project was completed by Respondent and Smith paid him the agreed upon amount of $2,200 in July of 1986. About three weeks after completion of the job, Smith noticed a leak in the roof and telephoned Respondent. Two or three weeks later and after several more telephone calls from Smith, Respondent returned to the job site. By that time, interior damage to the ceiling tiles had been sustained. The tiles became discolored by leaking water and started to collapse. Respondent proceeded to patch the leaking roof with tar. In June of 1987, Smith's facility developed a second leak in the roof over the back portion of the house. Respondent returned, reviewed the problem and agreed to tear off the leaking section of the roof and replace it. As a result of this action by Respondent, the leakage increased. More extensive damage was caused by water leaking down door frames and across the ceiling of the house. Respondent had also promised that he would put a "tarp" over Smith's roof to temporarily stop the leakage until repairs could be effected, but such covering never materialized. After Respondent's second attempt to fix the roof, Smith advised him that the leakage was continuing. Smith then tried several times without success to communicate with Respondent and get him to return to the job site. Finally, after Smith contacted local government building officials, Respondent returned and stopped the leakage. The repairs came too late to prevent ceiling damage which cost Smith $400 to repair. When a third leak developed in the roof in February of 1989, Smith hired another contractor to fix the leak for the sum of $60. Petitioner provided expert testimony which establishes that Respondent demonstrated incompetence in the practice of roof contracting. Further, the work performed by Respondent did not meet the terms of the guarantee he gave to Smith. These conclusions are based on the fact that workmanship provided by Respondent failed to meet standard practices of the industry. Such failure is demonstrated by the irregularity with which surface material was applied to the roof; the lack of sufficient gravel; the lack of uniform distribution of that gravel; missing metal flashing and lifted or separated flashing at the vertical surfaces of the roof; and improper installation of flashing around the plumbing vent exiting through the roof. Respondent's previous disciplinary history with Petitioner consists of an administrative fine of $250 on June 19, 1985, and letter of guidance issued on August 14, 1986.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding Respondent in violation of Subsection 489.129(1)(m), Florida Statutes, (1988) and revoking his license as a roofing contractor in accordance with provisions of Rule 21E-17.001, Florida Administrative Code. DONE AND ENTERED this 6th day of April, 1989, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 6th day of April, 1989. APPENDIX The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on findings of fact submitted by Petitioner. Petitioner's Proposed Findings 1.-17. Addressed in substance. COPIES FURNISHED: Elizabeth R. Alsobrook, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Richard K. Willis 2106 Winter Lake Road Winter Haven, Florida 33880 Fred Seely, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32201 =================================================================
The Issue At issue in this proceeding is whether Respondent committed the offenses set forth in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact Preliminary matters At all times material hereto, Respondent, Juan Rodriguez, was licensed by Petitioner, Department of Business and Professional Regulation, Construction Industry Licensing Board (Department), as a certified general contractor, having been issued license number CG C005171. Respondent was licensed as an individual and not as the qualifying agent of any corporation or other business organization. At all times material hereto, Henry Pena was the sole officer and director of U.S.A. Henry Roofing Corp., a Florida corporation. Neither Henry Pena nor U.S.A. Henry Roofing Corp. (hereinafter jointly referred to as "Pena"), were registered, certified, or otherwise qualified under the provisions of Chapter 489, Florida Statutes, to engage in contracting in the State of Florida. Respondent was clearly aware of Pena's lack of licensure.1 The Zapata job Pertinent to this case, Oscar and Consuelo Zapata owned a one-story commercial building located at 59 Beacom Boulevard, Miami, Florida. On August 1, 1996,2 Mr. Pena, on behalf of U.S.A. Henry Roofing Corp., and Mr. Zapata entered into an agreement whereby U.S.A. Henry Roofing Corp. would replace the roof on the building in exchange for an agreed price of $18,200. A first payment of $8,000 was to be paid after the first inspection, and the balance of $10,200 was to be paid following the final inspection. Later in the month of August, Mr. Pena presented a building and zoning permit application, as well as a request for permit, to Mr. Zapata (as owner of the property) for signature. (Petitioner's Exhibit 8.) Following Mr. Zapata's signing, Mr. Pena delivered the forms to Respondent who signed as the contractor. Thereafter, on or about September 3, 1996, Respondent submitted the forms to the City of Miami to obtain a building permit for the re-roofing job. Respondent was not then, nor was he ever, under contract to make improvements to the Zapata property, and his sole involvement was to obtain a permit so Pena could proceed with the job. The permit was issued on or about September 5, 1996.3 On September 17, 1996, Pena began work on the roof, and ceased work the same day when the roof collapsed.4 With the discovery that Pena was not licensed or insured, Mr. Zapata ultimately contracted with another company (that was licensed) to re-roof the building for $16,000. That contract was duly fulfilled, and the re-roofing of the Zapata building was accomplished (notwithstanding the roof collapse) without financial loss to the Zapatas.5 Respondent's lapse of insurance coverage Respondent's liability and property damage insurance policy was terminated June 25, 1996, and was not reinstated until September 19, 1996. Respondent does not dispute the lapse in insurance coverage. (Petitioner's Exhibits 6 and 10, and Transcript, at pages 76-77, and 80-81.) The costs of investigation and prosecution At hearing, the Department offered proof, without objection, that its costs of investigation and prosecution, excluding costs associated with any attorney's time, totalled $306.09, as of January 27, 1999. (Petitioner's Exhibit 7.) Previous disciplinary action On January 18, 1996, the Department entered a final order which found the Respondent guilty of the violations set forth in a two-count Administrative Complaint issued March 25, 1993. (Petitioner's Exhibit 1.) In that complaint, the Department charged (in Count I) that Respondent violated the provisions of Subsection 489.129(1)(e), Florida Statutes, "by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the cerfificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered," and (in Count II) that Respondent violated the provisions of Subsection 489.129(1)(m), Florida Statutes, "by being found guilty of fraud, deceit, or of gross negligence, incompetency, or misconduct in the practice of contracting." Such charges were premised on a renovation contract Respondent held wherein he "subcontracted Nelson Echeverria [who was not a state licensed electrical contractor] to perform electrical work at customer's home for approximately $4,500.00." The final order found Respondent guilty of the charges, and imposed an administrative fine of $1,500 and costs of $1,433.03, to be paid within 30 days. On March 8, 1996, Respondent's license was suspended for failure to satisfy the penalty imposed by the final order; however, the penalty was then apparently satisfied and on June 19, 1996, the suspension was lifted and Respondent's license was reinstated.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the violations alleged in Counts I through III of the Administrative Complaint and imposing, as a penalty for such violations, an administrative fine in the sum of $5,000; assessing costs of investigation and prosecution in the sum of $306.09; and, suspending Respondent's licensure for a period of one year, followed by a two-year term of probation subject to such reasonable terms and conditions as the Construction Industry Licensing Board may impose. DONE AND ENTERED this 12th day of May, 1999, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK 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 12th day of May, 1999.
The Issue Whether Respondent committed the offenses set forth in Count I of the Administrative Complaint and, if so, the penalties which should be imposed.
Findings Of Fact At all times pertinent to these proceedings, Respondent was licensed by Petitioner as a certified general contractor in the State of Florida and held license number CG- C016730. At all times pertinent to these proceedings, Respondent was the qualifying agent for Bilo Homes, Inc. (Bilo), a corporation engaged in Florida in the business of general contracting with its principal place of business in Miami, Florida. At all times pertinent to these proceedings, Mr. and Mrs. Donald Huston resided at 29843 S.W. 149th court, Leisure City, Florida. On February 24, 1988, the Hustons contracted with Bilo to build an addition to their house for the sum of $20,000 pursuant to plans and specifications that had been prepared by an architect. The Hustons' existing house was valued between $30,000-$40,000. The contract called for a one-story room addition to be built on a concrete slab with stucco exterior and sheet rock interior. The addition was to have a sliding glass door and was to be connected to the existing structure by a tie beam. The roof of the existing house was to be reshingled to match the shingles on the addition. The project also involved electrical work and plumbing work. The contract was signed on Wednesday, February 24, 1988, and work began on Friday, February 26, 1988. The contract did not specify a time for the completion of the project. The following draw schedule was agreed to by the Hustons and Bilo: 20% of the contract price upon the acceptance of the contract by the Hustons; 10% of the contract price upon the pouring of the concrete slab; 10% of the contract price upon ice completion of the tie beam: 20% of the contract price upon the drying in of the roof; 10% of the contract price upon the completion of the rough mechanical work; 10% of the contract price upon ice completion of the shingling of the roof; 10% of the contract price upon the installation of the plumbing fixtures;; 10% of the contract price (the balance) upon completion of the job. The Hustons made payments to Bilo in the total amount of $14,000.00. These payments were broken down as follows: $4,000.00 paid on February 24, 1988, upon acceptance of the contract; $2,000.00 paid on March 22, 1988, upon the pouring of the concrete slab; $2,000.00 paid on April 5, 1988, upon the completion of the tie beam; $4,000.00 paid on April 18, 1988, upon the drying in of the roof; and $2,000.00 paid on June 25, 1988, upon the completion of the shingling of the roof. Before June 25, 1988, Respondent had asked the Hustons for the draw due upon completion of the rough mechanical work in addition to the draw due upon completion of the shingling. The Hustons refused to pay both draws because they were dissatisfied with the quality of Bilo's work. The Hustons engaged the services of a lawyer and, on June 29, 1988, presented Respondent with a list of items they wanted corrected before paying the draw for the rough mechanical work. Respondent and the Hustons disagreed as to when the items on the list should be corrected. Respondent contended that the items could have been corrected as part of the punch list prior to the final payment. The Hustons contended that the items should be corrected before Respondent received any further draws. This dispute is resolved by finding that while several of the items on the list could have been corrected as part of the final punch list, there were items on the list that should have been corrected by Respondent before he proceeded. Considering the very poor quality of work that went into this job, the Hustons were justified in their demand that Respondent make these corrections before receiving an additional draw. Respondent contends that the Hustons did not pay the draw for the rough mechanical work because they ran out of money. This contention is rejected as being contrary to the greater weight of the evidence. After the Hustons presented Respondent with the list and refused to pay the draw for the rough mechanical work, Bilo stopped work on the project. Bilo performed no work on the project after June 29, 1988. Prior to the work stoppage, Respondent hired K & H Plumbing as the subcontractors to the plumbing work on the Huston job. K & H Plumbing's work failed to pass a Metro Dade County tub and water pipe inspection because the work did not meet the South Florida Building Code. K & H never completed its work on the Huston addition and no final inspection of its work was approved. K & H Plumbing filed suit against the Hustons for the unpaid portion of their contract with Bilo. In addition, K & H Plumbing failed to properly replace wood decking which it had pulled up during the course of its work on the Huston job. Respondent had received funds which1 should have been used to pay K & H. Prior to the work stoppage, Respondent hired Tom Mentelos to perform the electrical subcontracting work on the Huston addition. The work performed, by Mentelos was substandard. His work failed to pass inspection by the Metro Dade County Building and Zoning Department on six different occasions. In addition to this substandard work, one of Mentelos' employees cracked the Huston's kitchen ceiling while working in the attic over the existing portion of the house. This crack was never corrected by Mentelos or by Bilo. Mentelos never completed his work on the Huston addition, although he was never fired by the Hustons. Mentelos filed a claim of lien against the Hustons in he amount of $2,000.00. The first claim of lien was released and Mentelos filed a second claim of lien against the Hustons in the amount of $2,623.00. Respondent had received funds which should have been used to pay Mentelos. Respondent obtained the roofing permit to build the new roof on the Huston addition and to reroof the existing roof. The roofing work involved a process commonly referred to as "hot mopping", a process which requires the services of a licensed roofing contractor. Respondent exceeded the scope of his licensure by engaging in hot mopping. Bilo's employees punched two unnecessary vent pipes through the roof and placed a flat piece of PVC material around the vent holes to keep the, roof from leaking. This is an improper and unacceptable construction practice. Bilo's employees damaged the existing screen porch while working on the roof. The metal flashing which connected the existing roof to the aluminum screen porch was taken off but was never replaced. As a result, the screen porch leaked, a problem that had not been corrected as of the time of the final hearing. While Bilo's employees were working on the roof of the existing structure, a rainstorm occurred which resulted in water stains to the ceiling of the Hustons' main structure. The workmen were not supervised by Respondent and were unprepared for the rain. Other than the water stains, no damage was done to the ceiling. To repair the ceiling stains would require a chemical coating, followed by repainting of the ceiling. The cost of the repair would be approximately $75.00. Bilo engaged in poor construction practice in constructing the exterior wall by facing the poorer grade side of the exterior plywood toward the outside as opposed to inside. The better construction practice is to place the poorer grade side toward the inside where it will not be exposed to view. There is a gap in the area where the metal flashing comes down the exterior side of the end gable and meets the top of the roof. In the work performed by Bilo, the piece of sheathing was above the bottom of the sill plate which caused a gap from one inch to five inches over a distance between eight and ten feet. This gap is a source of potential leaks. Bilo attempted to cover the v-notch in the area of the gag with tar pitch in an attempt to correct this deficiency. Both the gap and the attempted repair are unacceptable construction practices. Bilo had not cut vents in the soffits at the time it stopped work on the project. Without vent holes in the soffits, the job would have not passed inspection. Bilo could have, at little expense, cut the soffit vents at a later point in the job. The end member of the frame for the partition wall between the laundry room and the masonry wall is not pressure- treated wood. The South Florida Building Code requires that the wood used for the end member of such construction be pressure treated or that there be a barrier between the end member and the adjoining wall. Here, Bilo failed to exercise either acceptable option, and, consequently performed work that failed to comport with acceptable construction practices and did not meet code. The manner in which Bilo supported the timber girder that supports the roof trusses fails to meet code because the tie beam, into which this girder is pocketed for support, is improperly supported. A hole was knocked in the cement block wall that supported the tie beam when a plumbing vent was redirected. As a result of this hole, the tie beam rests on only approximately two inches of concrete, which is inadequate to support the tie beam and the timber girder. This work fails to comport with acceptable construction practices. Bilo failed to brace the roof trusses as required by the plans and specifications of the architect. This is an unacceptable construction practiced. Bilo cut into the roof truss without authority from the truss manufacturer or from a qualified engineer. Cutting into a truss can impair its structural integrity and is a violation of code. Respondent maintained at hearing that he would have been able to get approval from the truss manufacturer for the modification of the truss caused by the cut. Respondent did not have such approval as of the time of the final hearing, and there was no evidence, other than his unilateral expectation, to support this contention. The facia board on the eaves did not join properly because Bilo's workmen did not take the time to properly cut the boards with the aid of a square. Although this is a matter that could be corrected for approximately $25.00, this work, along with the other deficiencies detailed herein, demonstrates the substandard work that went into this project and establishes that Bilo failed to provide its workmen adequate supervision or adequate training. At hearing, there was a dispute as to how much time Respondent personally spent at the Huston job site. This conflict is resolved by finding that Respondent was personally on the job site for at least 30 minutes on days when work was progressing. When major items were being performed on the job, he spent more time on the job site. When minor work was being done, Respondent did not go to the job site on a daily basis. Regardless of the number of minutes or hours that Respondent spent on the job site, the conclusion is inescapable that Respondent failed to properly supervise his workmen in light of the low level of skill the workmen exhibited throughout the job. Respondent had the responsibility as the general contractor to properly supervise his workmen and his subcontractors. He failed to perform that responsibility. As of the final hearing, the Huston addition remained uncompleted. At the time of the work stoppage, it would have cost the Hustons more than $6,600 to complete the job, the difference between the contract price and the amount that the Hustons had paid Respondent. The evidence was clear that the Hustons had incurred damages as a result of their dealings with Respondent. The amount of those damages were not established with any degree of certainty. On or about July 15, 1988, Respondent filed a claim of lien against the Hustons' property claiming that Bilo was owed $8,350 for the work that had been done. Respondent has been a certified general contractor for fifteen years and has been certified as a general contractor in the State of Florida since 1980. Respondent's licensure had not been disciplined prior to the filing of the Administrative Complaint in this proceeding.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding Respondent guilty of having violated the provisions of Section 489.129(1)(h), (j), and (m), Florida Statutes, which imposes administrative fines in the amount of total amount of $5,000 for such violations, and which suspends his licensure as a general contractor for a period of six months. DONE AND ENTERED this 20th day of June, 1990, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 20th day of June, 1990. APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 89-0765 The following rulings are made on the proposed findings of fact submitted by Petitioner: The proposed findings in Section VI (A) are adopted in material part except to the extent that the proposed findings are subordinate to the findings made. (Section VI (A) pertains to facts established through Respondent's failure to respond to Request for Admissions.) The proposed findings in paragraphs 1 2, 3, 4, 14, 15, 16, 17, 18, 21, 22, 23, and 24 are adopted in material part. The proposed findings in paragraphs 5 - 10 are adopted in material part except to the extent that the proposed findings are subordinate to the findings made or are unnecessary to the conclusions reached. The proposed findings of paragraphs 11, 19, and 25 are adopted in material part except to the extent that the proposed findings are unnecessary to the conclusions reached. The proposed findings of paragraph 12, 26, and 27 are rejected to the extent that the proposed findings are conclusions of law. The proposed findings of fact in paragraphs 13 and 20 are rejected as being subordinate to the findings made or as being unnecessary to the conclusions reached. The following rulings are made on the proposed findings of fact submitted by Respondent: The proposed findings of fact in paragraphs 1, 2, 3, 4, 6, 7, 8, 13, 16, 18, 19, 27, and 30 are adopted in material part. The proposed findings of fact in paragraphs 5, 17, 20, 21, 22, 23, 25, 26, 28, 29, 30, and 32, are rejected as being unnecessary to the conclusions reached. The proposed findings of fact in paragraphs 9 and 11 are rejected as being subordinate to the findings made. The proposed findings of fact in paragraph 10 are adopted in part and are rejected in part as being contrary to the findings made. The proposed findings of fact in paragraphs 12, 14, 33, 35, and 37 are rejected as being contrary to the greater weight of the evidence. The proposed findings of fact in paragraph 15 are adopted in part and are rejected in part as being unsubstantiated by the evidence. The proposed findings of fact in paragraph 24 are adopted in part and are rejected in part as being unnecessary to the conclusions reached. The proposed findings of fact in paragraph 34 are rejected as being the recitation of testimony. COPIES FURNISHED: regory A. Victor, Esquire 3225 Aviation Avenue Suite 400 Miami, Florida 33133 Robert S. Cohen, Esquire Post Office Box 10095 Tallahassee, Florida 32302 Fred Seely, Executive Director Construction Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Kenneth E. Easley, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792
Findings Of Fact At all times relevant thereto, Respondent, Ronald E. Lotz, held registered roofing contractor license number RC0031773 issued by petitioner, Department of Professional Regulation, Florida Construction Industry Licensing Board. He has been a licensed roofing contractor since February, 1978. His present address is 1650 Palm Avenue, Winter Park, Florida. In April, 1979 Lotz and Allen Hartwell entered into a contract whereby Lotz agreed to install a "new truss, and shingle roof" on Hartwell's house located at 4005 Northwest 19th Avenue, Ocala, Florida. The agreed upon price for the job was $1,225. As is relevant here, Lotz agreed, inter alia, that a "(n)ew exterior siding (would) be used on all gables". According to their agreement, Lotz was to purchase the plywood necessary to complete the work while Hartwell agreed to buy all their necessary materials. Section 6 of Marion County Ordinance 78-5, adopted on January 24, requires that a roofing permit be obtained on all jobs where the value of the work exceeds $100.00. Lotz did not obtain such a permit even though he conceded at the hearing that such a permit was required. Although the contract called for a new exterior side on all gables, Lotz did not install the same. Instead, he installed tongue and groove 3/4 inch boards which he felt were an adequate substitute. He discussed this with Hartwell at the time the job was performed and Hartwell did net object to this change in the contract. Hartwell, who filed a complaint against Lotz, was primarily dissatisfied with a wavy roof. However, that aspect of the job is not a part of this proceeding. The contract itself was modified by the parties a number of times. As a result, Lotz omitted certain requirements therein but added others without additional charge. In all, he was paid $1,125 for the project.
Recommendation Based on the foregoing findings of fact and conclusions of law it is, RECOMMENDED that respondent be found guilty of failing to obtain a roofing permit in violation of Subsection 489.129(I)(d) Florida Statutes, and that he be given a public reprimand and fined $250. It is further RECOMMENDED that all other charges against respondent be DISMISSED. DONE and ENTERED this 27th day of September, 1985, in Tallahassee, Florida. DONALD R. ALEXANDER 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 27th day of September, 1983 COPIES FURNISHED: Charles P. Tunnicliff, Esquire Deaptment of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Ron Lotz 1650 Palm Avenue Winter Park, Florida 32789 Mr. J. K. Linnan, Executive Director Florida Construction Industry Licensing Board Post Office Box Jacksonville, Florida 32201
Findings Of Fact Respondent is Richard McDougal, holder, at all times pertinent to these proceedings, of registered roofing contractor license no. RC 0050466. Petitioner is the Department of Professional Regulation, Construction Industry Licensing Board, the state agency charged with the regulation of contractors in the State of Florida. Respondent was the qualifying agent for D & R Roofing Co., at all times pertinent to these proceedings. On July 31, 1989, Arla Jackson signed and accepted Respondent's written proposal to re-roof a house belonging to Jackson, located in Washington County, Florida. Prior to engaging Respondent to re-roof the house, Jackson had only a minimal amount of leakage in a couple of corners inside the house. Under the terms of the written proposal provided by Respondent to Jackson, Respondent agreed to remove the old roof covering from the structure; install a new three ply fiberglass felt covering; install new eave metal around the roof perimeter; extend the roof a short distance at one end; and top coat a utility building on the premises. Further, Respondent agreed to haul away debris resulting from the job. Completion of the roofing project by Respondent and receipt of payment from Jackson in the amount of $3,000 occurred on August 9, 1989. $2,900 of this amount was payment to Respondent for replacing the old roof while the remainder satisfied charges by Respondent for additional work required to extend the roof. Shortly after Respondent's completion of the roof replacement, Jackson began to telephone Respondent, requesting that he come and repair holes in the roof that were leaking water as the result of rain. Respondent came to Jackson's house on at least three occasions to attempt to stop leaks in the roof. He eventually determined that he had stopped the leaks and told Jackson that, as far as he was concerned, there was no roof leakage problem. Jackson's flat roof continued to leak. Eventually, Gus Lee, an unlicensed roofing assistant to H.M. Strickland, a local licensed contractor, agreed to repair her roof and eliminate the leakage problem. Strickland's signature appears with Lee's on written documentation bearing the date of October 1, 1989, and promising a "fine roof with no leaks; and I will stand behind it." Jackson accepted the Strickland offer. Jackson paid approximately $1,925.00 to Lee for work in connection with replacing the roof and painting the interior ceiling of the house. She paid an additional $653.79 for building supplies in connection with the project. Overall, Jackson paid approximately $2,578.79 for labor and materials to re-roof her house and repair the interior ceiling damage resulting from the leakage. This amount was in addition to the amount previously paid to Respondent. On October 20, 1989, Lee, the unlicensed assistant to Strickland and the person who actually undertook the task of re-roofing Jackson's house, removed the previous roofing material placed on Jackson's house by Respondent. Lee observed no fiber glass felt covering material on Jackson's roof at the time he re-roofed the house. Lee's testimony at hearing was credible, candid and direct. Although unlicensed as a contractor, Lee's attested experience supports his testimony regarding what he observed and establishes that Respondent failed to comply with his agreement to Jackson to provide fiber glass felt during the initial roofing of the house and instead used a less expensive material. Lee's testimony, coupled with that of Jackson and Lee's son, also establishs that significant damage had occurred to the interior ceiling of Jackson's house as the result of leakage after completion of work by Respondent. After Lee completed the re-roofing of Jackson's home, inclusive of use of a six ply felt covering on the roof accompanied by pea gravel and sealant, the roof's leakage stopped.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered imposing an administrative fine of $1500 upon Respondent's license as a registered roofing contractor. DONE AND ENTERED this 25th day of November, 1991, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Fl 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of November, 1991. APPENDIX TO RECOMMENDED ORDER The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's Proposed Findings. 1.-4. Adopted, though not verbatim. 5.-8. Subordinate to Hearing Officer's Conclusions. 9.-11. Adopted in substance, though not verbatim. Respondent's Proposed Findings. None submitted. COPIES FURNISHED: Robert B. Jurand, Esq. Department of Professional Regulation The Northwood Centre, Suite 60 1940 N. Monroe St. Tallahassee, FL 32399-0792 Richard McDougal Box 10277 Panama City, FL 32404 Daniel O'Brien, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, FL 32201 General Counsel Department of Professional Regulation The Northwood Centre, Suite 60 1940 N. Monroe St. Tallahassee, FL 32399-0750
Findings Of Fact At all times material hereto, Respondent was licensed by the Construction Industry Licensing Board as a registered roofing contractor (RC- 0034055), building contractor (CB-C033206), and certified roofing contractor (CC-C035625). At the time of hearing, license RC-0034055 had expired and was no longer in effect. Although Petitioner introduced a "certification of licensure", executed by its custodian of records which purports to establish prior disciplinary action by the Construction Industry Licensing Board against Respondent, said certification references license number CG-C024378. There is no documentation in the record to establish that Respondent has license number CG-C024378, and in any event if this is, in fact, his license, this case does not involve license number CG-C024378. The records' custodian was not present to testify or to be cross-examined, and therefore this apparent discrepancy in the certification is unexplained. Further, the only documentation introduced to support prior disciplinary action by the Board against one of Respondent's licenses, is a certified copy of an order dated August 7, 1985 (Case No. 0051210), but this case involves license RC-0034055, which expired in July 1987 and is no longer in effect. Therefore, it has not been established by evidence in this record that Respondent has previously been subject to disciplinary action by the Construction Industry Licensing Board concerning his current valid licenses, CB- C033206 and CC-C035625. Respondent was the qualifying agent at all times material hereto, of Unique Construction, Inc., 1302 North Clearview Avenue, Tampa, Florida. On February 25, 1986, George Katsarelis entered into a sales contract with Unique Construction, Inc., to reroof his entire house at 6 Venetian Court, Tarpon Springs, Florida. Respondent was not present when the contract was executed, and had not met Katsarelis at the time work commenced on the job. Katsarelis specified to the salesman representing Unique Construction, Inc., that he wanted to be sure all required local permits were pulled for this job. Work on the Katsarelis roof began within only a few days of the execution of the sales contact. Crews from Unique Construction tore off approximately 80% of the Katsarelis roof before a City of Tarpon Springs building inspector stopped work on the job because no permit had been obtained. Thereafter, it took two days for Unique to put a temporary cover over Katsarelis' uncovered roof while a permit was being obtained. A permit was finally obtained on March 19, 1986, and the work was completed. Katsarelis paid Unique Construction, Inc., $7,000, the full contract amount, for reroofing of his home. Between February 25, 1986, and December 1987, Katsarelis had to repeatedly call Unique Construction since his roof leaked every time it rained. A ten foot ceiling section in his Florida room eventually caved in due to these leaks. In December 1987, Respondent came to Katsarelis' home for the first time and decided to reroof the whole house for a second time. No additional payment was required or made by Katsarelis for this second reroofing job. After a hard rain in April 1988 his roof again leaked, and within a week prior to hearing, Respondent made a third attempt to correct Katsarelis' leak problem. According to expert testimony and evidence offered at hearing by Owen Baynard, who was accepted as an expert in roofing, work performed by Unique Construction on the Katsarelis roof was incompetent and the result of a lack of proper supervision of the work crews by the qualifying agent, Respondent. The job fails to meet the standards of local building practices. There was improper and insufficient preparation of the roof surface, a lack of adequate adhesive, nailing, and mopping to meet Sections 101, 107, 109 and 113 of the Southern Standard Building Code Roof Coverings standards, applicable in this case. The only way to remedy Katsarelis' continuing leak problem is to completely redo all work done by Unique Construction on his roof, and completely reroof his house in a workmanlike manner. As qualifying agent for Unique, Respondent was responsible for beginning work on Katsarelis' roof without obtaining or assuring that someone else had obtained a local permit for the job. A permit was not posted on the site when this work began, in violation of local building code requirements. Respondent failed to obtain required local building department inspections on the job. Respondent's actions on the Katsarelis job, as qualifying agent and in actions taken personally on two occasions to correct continued leakage, were incompetent and of substandard quality. On December 17, 1986, Lawrence E. Burkett entered into a sales contract with Unique Construction, Inc., to reroof his home on 62nd Avenue, N.E., in St. Petersburg, Florida. Work commenced shortly after this contract was executed, and upon completion Burkett paid Unique $3,657, the contract amount. Respondent admits that leaks continued to exist in Burkett's roof for nine or ten months after Unique's crews worked on his roof. Finally, on September 16, 1986, Unique's crew replaced a section of roof and this corrected the leaking. In an attempt to correct or prevent damage from leakage, Unique's crews installed pans between Burkett's drop ceiling and the roof to catch water which was leaking into his Florida room. A permit was not posted on the Burkett job, but the record does not establish whether a local permit for this job was required to be posted. On or about February 23, 1987, Respondent was issued a letter of reprimand by the United Construction Trades Board of the City of Tampa. However, no action was taken against his local certificate. This reprimand resulted from a roofing job performed by Respondent on the home of Gerald T. Minnick in late 1986. Repeated attempts by Respondent to correct leakage in the Minnick roof failed.
Recommendation Based upon the foregoing, it is recommended that the Construction Industry Licensing Board enter a Final Order suspending Respondent's licenses numbered CB-C033206 and CC-C035625 for a period of six (6) months and imposing an administrative fine of $2,500; provided that after the expiration of thirty (30) days from the issuance of the Final Order if Respondent pays said fine in full, his license shall be immediately reinstated. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 5th day of August, 1988. DONALD D. CONN 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 5th day of August, 1988. COPIES FURNISHED: David Bryant, Esquire 220 East Madison Street Tampa, Florida 33602 William E. Whitlock, III, Esquire 116 East 3rd Avenue Tallahassee, Florida 32303 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 Whether Respondent committed the offenses set forth in the administrative complaint and, if so, the penalty which should be imposed.
Findings Of Fact At all times material to this case, the Respondent, Harry Bradshaw, was licensed as a registered roofing contractor in the State of Florida, holding license number RC 0033812. On August 26, 1986, Respondent's license as a registered roofing contractor was suspended by Petitioner. Respondent's license remained suspended at all times material to this case. On December 16, 1987, Respondent contracted with the Moose Lodge located in Hialeah, Florida, to reroof the Moose Lodge building. The proposal submitted by Respondent contained representations that Respondent was licensed as a registered roofing contractor and that he was insured. Respondent knew that his license as a registered roofing contractor was under suspension. Respondent had no insurance. The contract between Respondent and the Moose Lodge provided that Respondent would perform the work and supply the materials for the sum of $6,200.00. The sum of $3,200.00 was paid to Respondent in advance of his beginning the job. Respondent used the sums advanced to purchase materials and supplies. The remaining $3,000.00 was to have been paid upon Respondent's completion of the job. During the negotiations that resulted in the contract between Respondent and the Moose Lodge, Respondent represented that the job should be completed in time for the functions scheduled for New Year's Eve. While Respondent had purchased the materials needed for the job and had done a substantial amount of work on a portion of the roof, he was unable to complete the work by the New Year. Respondent was ordered to stop work on the job on January 26, 1988. Respondent did not abandon the job. Although he was slow in performing the work, a part of Respondent's delay in performance was caused by rain. There was no evidence as to what would have been a reasonable period of time for Respondent to have completed the job. On January 26, 1988, the administrator for the Moose Lodge complained to the Building Inspection Department for the City of Hialeah, Florida, because the administrator was not pleased with the progress that Respondent was making toward completion of the job. The administrator was told by a representative of the Building Inspection Department on January 26, 1988, that Respondent had no license and that the required permit had not been pulled. The administrator was told to prohibit Respondent from working on the roof. Immediately thereafter, the administrator instructed Respondent to do no further work on the roof. The members of the Noose Lodge completed the job started by Respondent for less than $3,000.00, the balance of the amount that would have been owed Respondent if he had finished the job. Respondent knew that a permit was required for this work. Respondent also knew that only a licensed roofing contractor could pull the required permit. Respondent proceeded with the job when he was unable to persuade a licensed roofing contractor to pull the permit for him. Petitioner filed an administrative complaint against Respondent alleging that at the time he contracted with the Moose Lodge, Respondent's license was suspended, thus violating the provisions of Section 489.129(1)(j), Florida Statutes, and the provisions of Section 489.127(1)(e), Florida Statutes. The administrative complaint also alleged that Respondent failed to perform in a reasonably timely manner and/or abandoned the job in violation of Section 489.129(1)(m), Florida Statutes, and Section 489.129(1)(k), Florida Statutes. Respondent denied the allegations of the administrative complaint and timely requested a formal hearing. This proceeding followed. Respondent was previously disciplined by the Construction Industry Licensing Board, and his license remained under suspension at the time of the final hearing.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding Respondent guilty of having violated Section 489.127(1)(e), Florida Statutes, and Section 489.129(1)(j), Florida Statutes. It is further recommended that the final order revoke Harry Bradshaw's license in the State of Florida as a registered roofing contractor. DONE and ENTERED this 31st day of October, 1989, in Tallahassee, Florida. CLAUDE B. ARRINGTON 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 31st day of October, 1989. COPIES FURNISHED: Harry Bradshaw 5590 East Seventh Avenue Hialeah, Florida 33013 David M. Gaspari, Esquire Adams, Coogler, Watson & Merkel, P.A Suite 1600 NCNB Tower 1555 Palm Beach Lakes Boulevard West Palm Beach, Florida 33402-2069 Kenneth E. Easley, General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Fred Seely, Executive Director Department of Professional Regulation Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201
Findings Of Fact At all times relevant, the Respondent was licensed by the Construction Industry Licensing Board as follows: License No(s): RC 0021957 Licensed as: Registered roofing contractor Address of record is in: New Port Richey, Florida A certain contracting job was undertaken as follows: Customer: Stella Domas Approximate contract date: 6-85 Approximate price: $600 Job location: New Port Richey, Florida Job generally consisted of: Repair roof of Customer's house Said job was undertaken by the contracting business Respondent was associated with and responsible for in his capacity as a licensee. Respondent proceeded without a timely permit having been issued, violating local law, either deliberately or through improper supervision, in violation of 489.129(1)(d), (m), (j) 489.119; and 489.105(4), Florida Statutes. Respondent proceeded without timely obtaining all required inspections, violating local law, either deliberately or through improper supervision, in violation of 489.129(1)(d), (m), (j); 489.119; 489.105(4), Florida Statutes. Respondent gave a guarantee on said job to the Customer, and thereafter failed to reasonably honor said guarantee, in violation of 489.129(1)(m), (j); 489.119; 489.105(4), Florida Statutes. Respondent performed said work in a substantially deficient manner, therefore, violating 489.129(1)(m). Respondent previously has been disciplined by the State Construction Board. STIPULATED DISPOSITION Based on the Stipulated Findings Of Fact and Conclusions Of Law, the parties agree to the following disposition of the Amended Administrative Complaint: The Respondent shall pay a $1500 fine, payable within 60 days from entry of a final order approving this stipulated disposition; and The Respondent's registered roofing contractor license number RC 0021957 shall be suspended for 60 days, beginning 60 days from the entry of a final order approving this stipulated disposition.
Recommendation It is recommended that the Construction Industry Licensing Board enter a final order approving and incorporating the settlement stipulation between the parties. RECOMMENDED 28th day of July, 1988, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 28th day of July, 1988. COPIES FURNISHED: Jack M. Larkin, Esquire 806 Jackson Street Tampa, Florida 33602 Lee Ellen Acevedo, Esquire 7716 Massachusetts Avenue New Port Richey, Florida 34653 Fred Seely, Executive Director Construction Industry Licensing Board Department of Professional Regulation 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 Does the unsatisfied civil judgment in ABC v Millman et al, Case Number 50 2008 CA 006245 XXXX MB relate to practice of Respondent’s profession, thus establishing that Respondent, Harris M. Millman, violated section 489.129(1), Florida Statutes,(2009)? If he committed the violation, what penalty should be imposed?
Findings Of Fact The Construction Industry Licensing Board has certified Millman as a General Contractor and a Roofing Contractor under the authority of Chapter 489, Florida Statutes. In 2009 and 2010, he held license numbers CGC l1522 (General) and CCC 1327057 (Roofing). Millman’s licenses are presently inactive. Millman has actively practiced the licensed professions of general contractor and roofing contractor in Florida since 1977. The Department and its predecessor agencies have never taken any disciplinary action against him. At all times material to this proceeding, Affiliated was a Construction Qualified Business in the State of Florida, certified under Chapter 489, Florida Statutes, holding license number QB45287. Millman was the Primary Qualifying Agent for Affiliated under Chapter 489, Florida Statutes, at all times material to this proceeding. On December 26, 2005, Millman signed a credit application with American Builders and Contractors Supply Company, Inc., d/b/a ABC Supply Co. Inc. (ABC), on behalf of Affiliated. Millman listed his Certified General Contractor’s License (CGC 011522) on the credit application and personal guarantee Although Millman provided his General Contractor’s license number on the application, ABC did not require a license number. The application indicates that the account is related to “low and steep slope roofing.” The account was for the purchase of roofing materials and supplies. On December 29, 2005, Millman signed a personal guarantee of the Affiliated account with ABC. Millman’s personal guarantee made him personally liable for Affiliated’s obligation to pay ABC. ABC granted the application and opened a line of credit for Millman and Affiliated. Millman and Affiliated used the account to purchase roofing supplies on credit. They purchased and paid for over $800,000 worth of supplies from 2006 into 2009. This is separate from the goods and materials that were the subject of the lawsuit described below. Most of the materials and supplies that Affiliated purchased on the ABC account were for specific roofing projects. But some, as Millman acknowledged in his testimony, were to maintain roofing materials in the Affiliated warehouse. He used these on small jobs and to supplement materials purchased for larger, specific jobs. All the goods and materials purchased related to Millman’s practice of the roofing contracting profession. In 2007 Millman and Affiliated started having financial difficulties. Millman’s business began failing. The failure of a lender that took over a construction project it was financing resulted in the lender not paying Millman for approximately $500,000 worth of his company’s work. This contributed to Millman’s business failure. In addition to Millman’s problems paying ABC, his landlord was evicting him. Millman worked hard during these difficulties to meet his obligations to ABC. He liquidated his Individual Retirement Account and his life savings to make sure he paid for all charges for supplies used for specified customers. He did this to protect customers from the risk of liens being placed on their properties. Millman advised ABC that he was being evicted from his warehouse. He told ABC that the warehouse contained materials obtained with his line of credit that had not been paid for. Millman did not have the ability to return the materials to ABC. As eviction neared, he urged ABC to retrieve the materials before eviction. ABC did not act to retrieve the materials. The landlord evicted Millman. What happened to the materials is not known. On March 4, 2008, ABC sued Millman and Affiliated in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. ABC sought payment for goods and materials purchased on the account and delivered to Millman and Affiliated between January 31, 2007, and January 31, 2008. The court assigned the action Case Number 50 2008 CA 006245 XXXX MB. The goods and materials for which ABC sought payment were roofing goods and materials. They included roofing felt, roofing cement, shingles, plywood, lumber, roofing nails, lead sheets, insulation, roof tile cement, lead boots for pipes, roofing paint, asphalt, and galvanized roof edging. Much, although not all, of the material was delivered to roof tops. Many invoices for the material describe the roof for which the material is intended by height and pitch. The goods and materials related to Millman’s profession of roofing contractor. On June 17, 2008, barely three months after ABC filed suit, Millman entered into a Stipulation for Payment with Judgment upon Default with ABC. Millman agreed in the Stipulation for Payment with Judgment upon Default, that both he as an individual and Affiliated are indebted to ABC in the amount of $45,617.02. This amount included interest, attorney’s fees, and costs. The stipulation included a schedule of eight payments starting with a payment of $2,500.00 on May 30, 2008, and ending with a payment of $22,720.02 on December 30, 2008. Millman made payments from January 1, 2007, forward, even during and after the collection litigation. Millman made over $16,000.00 of those payments. But he did not make all of them. As Millman made payments, he took care to designate payments for supplies allocated to a specific customer and job. He did this to protect his customers from liens and to make sure that documents he signed attesting that supplies for specific jobs had been paid for were honest and correct. On August 3, 2009, the court rendered a Final Judgment After Stipulation in ABC’s collection action. The court adjudged that ABC recover $29,617.02 together with interest at the rate of 11 percent per annum accruing from May 31, 2008, from Affiliated and Millman, jointly and severally. The judgment is for debt incurred relating to Millman’s practice of his licensed profession of roofing contracting. It is not related to Millman’s licensed profession of general contracting. ABC continued to actively pursue collecting the judgment. It garnished Millman’s bank account with Bank Atlantic and obtained $662.61. Millman and Affiliated have not fully satisfied the judgment within a reasonable period of time. The Department incurred $216.00 in costs for the investigation and this action.
Recommendation Based on the foregoing Findings of Fact and Conclusion of Law, it is recommended that the Department of Business and Professional Regulation, Construction Industry Licensing Board, enter a final order finding that Respondent, Harris M. Millman, violated Section 489.129(1)(q), Florida Statutes, and imposing the following penalties: Payment of an administrative fine of $500.00 within 180 days of entry of the final order. Payment of costs of investigation and prosecution in the amount of $216.00 within 180 days of entry of the final order. DONE AND ENTERED this 27th day of August, 2010, in Tallahassee, Leon County, Florida. S JOHN D. C. NEWTON, II 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 27th day of August, 2010.
Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence and the positions of the parties, I hereby make the following: Thomas G. Walker (herein sometimes called "Licensee" or "Respondent") is a registered residential contractor and is issued license number RR 0009839. Thomas G. Walker was initially licensed by the Board in July of 1969 as an individual and during January, 1975, he changed his registration status as an individual to qualify Insulshield Roofing as the business entity through which he would conduct his business (Petitioner's Exhibit No. 1). An examination of the official records pertaining to the Licensee reveals that he does not now nor has he ever held a roofing license in the State of Florida. On February 16, 1979, the Licensee was apprehended contracting roofing without a State roofing contractor's license by the Board's representative and was issued a Notice of Violation (Petitioner's Exhibit No. 3). On July 26, 1977, the Licensee entered into an agreement with Jan Soderstrom, 501 Orlando Avenue, Indialantic, Florida, to remove the tile from the Florida Room of her residence and hot mop the herein-described roofing area, to replace tile as needed, to clean and coat the entire roof, and to install a cap over Ms. Soderstrom's chimney. He guaranteed the work for a period of five (5) years and charged a contracted price of $800.00. The Licensee was paid the contracted price of $800.00 by check dated August 4, 1977 (Petitioner's Exhibit No. 5). During early February, 1978, Ms. Soderstrom detected a leak in her roof and summoned the Licensee back to her residence to repair same. During February, 1978, Respondent returned to Ms. Soderstrom's residence to repair the leak in her roof. Upon his return, he removed several roof tiles and since February, 1978, to the present, he has not returned to this project. Clyde Pirtle, a field investigator for the Board, investigated the Licensee based on complaints that he received from Ms. Soderstrom and from a Mr. Capitz. On or about February 16, 1977, Mr. Pirtle discussed a Notice of Violation with the Licensee and explained to him the necessity to register as a Roofing Contractor, if he was in the business of acting as a Roofing Contractor. Mr. Charles D. Franklin, a building official of Indian Harbor Beach, Florida, is the custodian of the records in Indian Harbor, Florida. Based on an examination of the records by Mr. Franklin, the Respondent/Licensee is not registered as a Roofing Contractor locally.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby, RECOMMENDED: That the registered residential contractor's license, number 0009839, of the Licensee, Thomas G. Walker, d/b/a Insulshield Roofing, be suspended for a period of one (1) year. RECOMMENDED this 4th day of April, 1979, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Barry S. Sinoff, Esquire 2400 Independent Square Jacksonville, Florida 32202 Thomas G. Walker d/b/a Insulshield Roofing 170 5th Street South Melbourne Beach, Florida 32951 J. K. Linnan, Executive Director Florida Construction Industry Licensing Board Post Office Box 8621 Jacksonville, Florida 32211
