Findings Of Fact At all times relevant hereto, Respondent, Victor L. Contessa, (Contessa) was licensed as a real estate broker in the State of Florida, having been issued license Number 0016808. The last license issued to Respondent was as a broker, c/o Cavalier Southern Realty, Inc., 4343 Ridgewood Avenue, Port Orange Florida, 32019. At all times material hereto, Contessa was owner and president of Cavalier Development and Building Corporation. In 1983, Charles Hill purchased a lot in Port Orange, Florida, more particularly described as Lot 29, Phase One, Cypress Grove. In June of 1983, Charles Hill wished to have a house constructed on his lot. Mr. Hill spoke with Contessa regarding the construction of the house. After reviewing plans with Contessa, Hill entered into a written Building Agreement with Contessa whereby Contessa agreed to construct a house for Hill for $50,000.00, plus extras. At the time he signed the Building Agreement, Hill believed that Contessa was a licensed building contractor. He based this belief upon representations made by Contessa to Hill that Contessa was a licensed building contractor. The Building Agreement, dated June 4, 1983, listed Cavalier Development and Building Corporation as the contractor and was signed by Contessa as president of Cavalier Development and Building Corporation. Contessa was not a licensed building contractor when he signed the Building Agreement. In order to have the house constructed as set forth in the Building Agreement, it was necessary for Contessa to hire a licensed building contractor. Contessa contacted Donald E. Welch, a licensed residential contractor. Contessa represented to Welch that Contessa's company, Cavalier Development and Building Corporation, was the owner of Hill's lot. Based on that representation, Contessa entered into a Building Agreement with Welch to have Welch construct the house for $42,500.00. Welch did not become aware that the lot in question was owned by Hill and not by Contessa or Cavalier Development and Building Corporation until October 25, 1983, when Welch attempted to pull a building permit. At that time, Contessa advised Welch that the owner's name was Charles B. Hill. Hill paid Contessa a total of $45,000.00 for construction of the house. In January 1984, Welch slowed construction on the house because Contessa did not pay him his construction draws when they were due. Until this time, Contessa had instructed Hill not to discuss construction with any of the workmen on the site, but to bring any concerns directly to Contessa. Additionally, Contessa had instructed Welch not to deal directly with Mr. Hill, but instead to discuss all construction matters directly with Contessa. Because of the slowdown in construction, Hill and Welch discussed the matter between themselves. It was at this time that Hill learned that Welch was the licensed contractor, and not Contessa. Hill then began dealing directly with Welch. Welch completed the construction upon payment of $8,842.00 paid directly by Hill to Welch. Contessa, in the name of Cavalier Development and Building Corporation filed a mechanics lien as a contractor against the Hill property on May 16, 1984.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the Department of Professional Regulation, Division of Real Estate, enter a final order suspending the license of Victor L. Contessa for a period of five (5) years and assessing an administrative fine against Victor L. Contessa in the amount of $1,000.00. DONE AND ENTERED this 13th day of August, 1985, at Tallahassee Florida. DIANE K. KIESLING 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 13th day of August, 1985. COPIES FURNISHED: James H. Gillis, Esquire Staff Attorney Department of professional Regulation Division of Real Estate 400 West Robinson Street Orlando, Florida 32801 Victor L. Contessa Box 566 Port Salerno, Florida 33492 Victor L. Contessa 101 Santa Lucia Avenue West Palm Beach, Florida 33492 Salvatore A. Carpino, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Harold Huff, Director Division of Real Estate 400 West Robinson Street Orlando, Florida 32801
The Issue Whether Building Permit No. 9210004560 issued by Monroe County, Florida, to Ken Bockhaut as owner and Shoremont Holiday Homes, Inc. as contractor for the construction of a dock as a structural accessory to a single family dwelling is contrary to the provisions of Chapter 380, Florida Statutes, the Monroe County Comprehensive Plan and the Monroe County Land Development Regulations.
Findings Of Fact Petitioner is the state land planning agency charged with the responsibility to administer the provisions of Chapter 380, Florida Statutes, and the regulations promulgated thereunder. Petitioner has the authority to appeal to the Florida Land and Water Adjudicatory Commission any development order issued in an area of critical state concern. The appeal in the instant proceeding was timely. No appearance was made by Respondents Ken Bockhaut or Shoremont Holiday Homes, Inc., and there was no evidence submitted in support of the permit that is the subject of this appeal.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is recommended that the Florida Land and Water Adjudicatory Commission enter a final order which sustains the appeal filed by the Department of Community Affairs and which rescinds building permit number 9210004560. DONE AND ENTERED this 26th day of January, 1993, 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 26th day of January, 1993. COPIES FURNISHED: Lucky T. Osho, Esquire Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Randy Ludacer, Esquire Monroe County Attorney Fleming Street Key West, Florida 33040 Ken Bockhaut H-17 Miriam Street Key West, Florida 33040 Shoremont Holiday Homes, Inc. Post Office Box 1298 Big Pine Key, Florida 33043 William R. Kynoch, Deputy Director Florida Land and Water Adjudicatory Commission Executive Office of the Governor Carlton Building Tallahassee, Florida 32301 Carolyn Dekle, Director South Florida Regional Planning Council Suite 140 3400 Hollywood Boulevard Hollywood, Florida 33021 Robert Herman Monroe County Growth Management Division Public Service Building, Wing III 5825 Jr. College Road Stock Island Key West, Florida 33040 Linda Loomis Shelley, Secretary Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 G. Steven Pfeiffer, General Counsel Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, I hereby make the following findings of fact: Respondent is, and has been at all times material hereto, a certified building contractor, a registered mechanical contractor and a certified air conditioning contractor in the state of Florida having been issued license numbers CB-CA09793, RM-0031246 and CA-C024348, respectively. At all times material hereto, Respondent's building contractor and air conditioning contractor licenses qualified George E. Bonsino and Associates, Inc., Jacksonville, Florida. In February 1984, Respondent contracted with Carl and Patricia Powers of 4530 Victor Street, Jacksonville, Florida for the construction of a room addition. The contract was presented to the Powers by Peter Stamires. Mr. Stamires was, at the time, acting as sales manager for George E. Longino and Associates, Inc. The contract price was approximately $13,000.00 and construction of the Powers' room addition was estimated to be completed by March 30, 1984. On March 20, 1984 Respondent received from Carl and Patricia Powers a payment of $6,850.00 on the contract. On May 4, 1984 Respondent received from Carl and Patricia Powers an additional payment of $5,000.00 on the contract. The contract called for a "dry-in room" only, i.e., the room was to be put to a stage where water would not penetrate it. The contract also included: (1) covering the existing asbestos shingles with a cut brick and stone veneer; (2) the installation of aluminum windows; (3) the installation of aluminum gables and eaves; (4) re-roofing the entire home; and (5) the installation of overhead lights, light switches and electrical outlets. Respondent's contract with the Powers contemplated that electrical work would be done, but did not include any plumbing. Respondent sub-contracted the Powers' project to two (2) individuals, Mr. Walker and Mr. Todd. Respondent did not know what type of license Mr. Walker or Mr. Todd held and was never shown a license by either individual. Mr. Walker agreed to obtain permits for the Powers' project, to submit building plans and specifications, and to request the mandatory building inspections. Neither the Respondent nor the sub-contractors obtained a City of Jacksonville building permit prior to commencing construction of the Powers' room addition. Neither Respondent nor the sub-contractors submitted building plans and specifications for approval by the, City of Jacksonville Building Department prior to commencing construction at the Powers' residence as required. Neither Respondent nor the sub-contractors requested the City of Jacksonville Building Department to perform any type of building inspections during the process of construction, as required. On June 11, 1984 Respondent obtained building permit no. 7048 from the City of Jacksonville Building and Zoning Inspection Division for the Powers' project. Shortly after construction commenced, the Powers became concerned with the quality of work being performed. Respondent, while at the project site near the end of March, told Mr. Powers that a building permit had been obtained for the project. However, at that time, no building permit had been obtained. Mr. Theron Brannan, a building inspector for the City of Jacksonville, became involved with the Powers' case when Mrs. Powers called in May 1984 and complained about ;he work being performed by Respondent. Mr. Brannan checked and found that no permit had been issued. He then went out and inspected the construction site. Mr. Brannan found that the walls were approximately 3 or 4 inches out of alignment and that the floor was spongy and needed repair. Major work would have been required to straighten the walls. In Mr. Brannan's opinion, the work was well below average and was of very poor quality. Electrical and plumbing work was performed at the Powers' project site. Ten (10) electrical outlets, six (6) overhead lights and six (6) light switches were installed. The electrical work also included a 220 volt outlet for a clothes dryer. Mrs. Powers is a housewife and was present during the time the electrical work was performed. The individual performing the electrical work told Ms. Powers that he worked for Respondent and was being paid on an hourly basis. The plumbing work performed at the Powers' project included: (1) installation of hot and cold water lines for the bathroom sink, which were tied into the existing water supply; (2) a water line to the toilet, and (3) a drain pipe from the toilet to the existing septic tank. The individual performing the plumbing work told Ms. Powers that he worked for Respondent on an hourly basis and that he was a licensed plumber. When Respondent was advised of the problems at the construction site, he immediately obtained the necessary permits and offered to correct some of the building problems. The Powers refused Respondent's offer to correct the problems because they were concerned as to whether the remedial measures proposed by Respondent were actually feasible. From an appearance standpoint, the measures contemplated by Respondent were not feasible. In April 1984, Respondent contracted with Glenn and Debora Blanchard of 521 Astral Avenue, Jacksonville, Florida for the construction of a room addition. The total contract price was $6,780.00. Respondent received $3,390.00 as a down payment on the contract; the balance was due upon completion. The contract called for the construction of a room addition between the existing home and the garage. The room addition was to be completed to the "dry-in" stage only. The contract also included re-roofing the entire residence. The Respondent sub contracted the Blanchard project to a person by the name of A. Rhoden. Mr. Rhoden agreed to obtain all permits, draw all plans and specifications and obtain all required inspections with the exception of the roofing aspects of the project. Neither Respondent nor the sub-contractor obtain ed a building permit prior to commencing construction at the Blanchard's residence as required. Neither Respondent nor the sub-contractor submitted building plans and specifications to the City of Jacksonville Building Department prior to commencing construction. Neither Respondent nor the sub-contractor requested the building department perform any type of building inspections during the process of construction In May 1984, Ms. Blanchard became concerned because the concrete slab appeared uneven and had developed a crack. She contacted the City of Jacksonville Building Department because she was concerned with the quality of the work being performed. On May 30, 1984 the City of Jacksonville Building Department and Zoning Inspection Division issued a stop work order on construction work being performed at the Blanchard residence. The Notice of Violation cited the failure to submit building plans and failure to obtain a building permit prior to commencing construction at the project site. On June 11, 1984 Respondent obtained building permit no. 7047 from the City of Jacksonville Building and Zoning Inspection Division for the construction work at the Blanchard residence. Such Permit was obtained after commencement of the project. Shortly after commencement of construction, Respondent met with Mr. Blanchard at the project site to discuss a few changes to the original plans. In late April, 1984, Respondent told Mr. Blanchard that a building permit had been obtained, when in fact, no building permit had been obtained. Respondent told Mr. Blanchard that the permit needed to be kept at his office. The construction of the room addition included the forming and pouring of a monolithic slab. The City building department inspects the excavation of the slab prior to the pouring of concrete. A tie-beam inspection is required after the foundation is poured and the masonry walls are erected. Neither inspection was performed nor requested. The Respondent told Mrs. Blanchard that two (2) inspectors had inspected the property, when in fact no inspectors had inspected the property because no building permit had been applied for at the time Respondent made such statement. Unless a building permit is obtained, the City is generally not aware that a construction project is being undertaken and, therefore, does not conduct building inspections. Lewis D. Franks, an expert in residential construction inspected the work done at the Blanchard's home on behalf of the City of Jacksonville Building Department. Several problems existed in regard to the Blanchard project. There was a large crack in the concrete which resulted from the settling of the southeast corner of the building. The settling of the southeast corner resulted from either an inadequate footing or none at all. Also, the roof rafters were not centered properly and were about fourteen (14) feet off. The Blanchard project was of very poor workmanship, the construction was not structurally sound, and the project failed in several respects to meet requirements of the City of Jacksonville Building Code. When Respondent found out that no permit had been obtained he promptly drew up plans and specifications and obtained a permit from the City of Jacksonville Building Department. The Blanchards, thereafter, refused to allow Respondent to continue working on the project. The roofing portion of the Blanchard project was sub- contracted by Respondent to Richard Davenport. Mr. Davenport holds a state license as a roofing contractor and a local occupational license. Mr. Davenport's sub-contract called for him to tear off the existing roof, carry off the rotten wood and put on a new roof. Respondent was not satisfied with the roofing job done by Mr. Davenport and failed to pay him for such roofing job. Thereafter, Mr. Davenport demanded payment from the Blanchards but they also refused to pay him. Mr. Davenport filed a Claim of Lien against the Blanchards' property. However, the Blanchards hired an attorney and the Claim of Lien was dismissed. Respondent's failure to pay Mr. Davenport was based on his good faith belief that the roofing job was not done in a satisfactory manner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondent be found guilty of failing to supervise the construction activities of the company which he qualified and incompetence in the practice of contracting as alleged in Count One of the Amended Administrative Complaint. It is further recommended that all other alleged violations contained in Count One of the Amended Administrative Complaint be dismissed. That Respondent be found guilty of failing to supervise the construction activities of the company which he qualified and incompetence in the practice of contracting as alleged in Count Two of the Amended Administrative Complaint. It is further recommended that all other alleged violations contained in Count Two of the Amended Administrative Complaint be dismissed. That Count Three of the Amended Administrative Complaint be dismissed, the Petitioner failing to introduce any evidence in regard to Count Three and requesting that it be dismissed. It is further RECOMMENDED that Respondent's building contractor's license be suspended for a period of 6 months and that an administrative fine in the amount of $500.00 be assessed. DONE and ORDERED this 30th day of October, 1985 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON 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 30th day of October, 1985.
The Issue Whether Respondent violated provisions of Chapter 75-489, Laws of Florida, as amended, as more specifically alleged in Administrative Complaint dated February 10, 1992.
Findings Of Fact At all times relevant hereto Respondent was licensed by Petitioner as a certified building contractor having been issued license C-608, and was qualifying agent for Bay City Builders, Inc. Bay City Builders, Inc., entered into a contract to add four bedrooms and two baths to a residence in Dunedin, Florida, being used as an Adult Congregate Living Facility (ACLF) (Exhibits 1 and 2), at a price of $32,000. The contract provided, inter alia, that the contractor would provide all permits and fees directly associated with the project. Upon signing the original contract on September 26, 1991, the owner paid Bay City Builders $3200 (Exhibit 3). On October 8, 1991, the owner paid Bay City Builders an additional $7200 (Exhibit 3) when the plans were presented to the owner. Prior to the issuance of the permit for this project, Bay City Builders poured the footing for the building addition. The permit application was signed by Respondent. After entering into the contract, Bay City Builders found there was an impact fee involved, the project was never completed and was subsequently abandoned. Bay City Builders prepared a second contract for this project which increased the price to $41,789 (Exhibit 5) and presented this to the owner who did not accept the new contract. Respondent admits that he was the qualifying contractor for Bay City Builders, and the permit was pulled under his license, but contends he had nothing to do with the financial arrangements between Bay City Builders and the owner. Respondent was paid a flat fee by Bay City Builders for obtaining permits under his license for work Bay City Builders contracted to perform. He occasionally visited the sites where work was being performed by Bay City Builders. Bay City Builders is not licensed. The permit for the ACLF addition was applied for on November 1, 1991, but was not issued by the City of Dunedin until February 13, 1992 (Exhibit 6). It could have been picked up any time after November 30, 1991. On September 5, 1991, Bay City Builders entered into a contract with an owner living in Seminole, Florida, to replace the roof over a rear porch of this residence for a total price of $900. (Exhibit 8) This was a flat roof, and the initial intent was to replace the tar and gravel roof with tar and gravel. At the time construction started on September 11, 1991, the person doing the installation used a rubberized roof, which was satisfactory to the owner and gave the owner a 5 year unconditional warranty. Respondent's license does not authorize him to reroof an existing building, and no permit was applied for to perform this job. No certified roofer was engaged to do this reroofing, the rubberized compound applied to the roof was improperly applied and the roof started leaking when the first rain came. Workers from Bay City Builders came to the residence several times to attempt to patch the leaks, but the leaks persisted. Ultimately, the owner had to employ a qualified roofing contractor to redo the roof. While Bay City Builders was attempting to stop the leaks, the ceiling over the porch was also ruined and had to be replaced. In his testimony, Respondent admitted that he was the sole qualifying contractor for Bay City Builders, that his function was to give Bay City Builders a price estimate for the work intended, including the ACLF addition, but the owner of Bay City Builders entered into a contract for $5000 less than Respondent's estimate for the ACLF. Respondent also acknowledged that Bay City Builders, acting under Respondent's license, entered into contracts for some 150 jobs, but that Respondent was told or learned of only 60 of these projects. Respondent was paid a fixed fee by Bay City Builders for each permit obtained, and he prepared estimates of cost.
Findings Of Fact Prior to March of 1981, Maxmedia held permits 8463-6 and 8462-6 issued by the Department for signs on property leased from Lust Industries located approximately at the intersection of U.S. 17/92 and Virginia Avenue in the city of Orlando, Florida. On March 23, 1981, Maxmedia advised the Department that the sign for which it held the above permits had been dismantled, and permits numbered 8463-6 and 8462-6 were returned to the Department for cancellation. On March 18, 1981, the Department received the application of Lust Industries for a sign at the location where the Maxmedia sign had been permitted, to be erected on property owned by Lust Industries. This application contained several irregularities, and the Department accepted it as an application only for the south face of the proposed sign. On May 27, 1981, the Department received the application of Lust Industries for the north face of this sign. The requested permits were issued by the Department on May 27, 1981. On February 24, 1981, Maxmedia executed a lease to property located approximately 30-50 feet south of the Lust Industries property. The term of this lease was to run from April 1, 1981 to April 1, 1984. On March 21, 1981, the Department received an application from Maxmedia for permits to erect signs at the location 30-50 feet south of the location owned by Lust Industries where Maxmedia had permits until it surrendered them. These permits were denied by the Department because of the permit application already received from Lust Industries for a sign 30 to 50 feet to the north. On March 23, 1981, Maxmedia applied to the city of Orlando for a building permit to erect the sign at its leased location south of the Lust Industries property, and this permit was issued to Maxmedia by the city. In January or February, 1981, Lust Industries had applied to the city of Orlando for a permit to build a sign on property near the sign of Maxmedia which was dismantled in March of 1981, but the requested city permit was denied because of the proximity of this location to the Maxmedia sign. After, the Maxmedia sign had been taken down, Lust Industries again applied for a city of Orlando building permit, but this was after the city permit had already been issued to Maxmedia; thus, the city again denied a permit to Lust Industries due to the existence of the outstanding permit held by Maxmedia. In May or June of 1981, after having received a building permit from the city of Orlando, and after having leased the property, Maxmedia proceeded to erect the sign 30-50 feet south of the Lust Industries property. It is this sign that is the subject of the Department's violation notice issued on June 30, 1982. It is the existence of this sign of Maxmedia, permitted by the city of Orlando, and erected on land currently leased, that prevents Lust Industries from obtaining the city of Orlando building permit it needs in order to be able to erect a sign 30 to 50 feet to the north. Thus, the Department seeks to revoke the state permits it issued to Lust Industries which violate the harmony of regulations provisions of the statutes and rules.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department issue its Final Order revoking the permits held by Lust Industries, dismissing the Notice of Violation against Maxmedia, Inc., and granting the application of Maxmedia, Inc., for permits as requested in its application received on March 24, 1981. THIS RECOMMENDED ORDER entered on this 18th day of April, 1984, in Tallahassee, Florida. WILLIAM B. THOMAS 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 18th day of April, 1984. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Building, M. S. 58 Tallahassee, Florida 32301-8064 William F. Poole IV, Esquire 644 West Colonial Drive Orlando, Florida 32802 Gerald S. Livingston, Esquire P. O. Box 2151 Orlando, Florida 32802 Paul N. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent, Ramiro Palma, be found guilty as charged in the Administrative Complaint dated August 31, 1981. It is further RECOMMENDED that Respondent's registered building contractor's license be suspended for one year after the date of the final order entered in this proceeding and that Respondent pay a $1000 administrative fine. DONE and ENTERED this 3rd day of February, 1982, 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 3rd day of February, 1982.
