Findings Of Fact Respondent's Motion to Dismiss for Lack of Jurisdiction asserts that Petitioner was never an employee of Florida Crown and that Petitioner conceded this in attachments to her Petition for Relief. During the telephone motion hearing, Petitioner acknowledged that she was not employed by Florida Crown. Therefore, as a matter of fact, no employer-employee relationship existed between the parties.
Recommendation Based on the foregoing, it is RECOMMENDED: That the Florida Commission on Human Relations enter a final order dismissing Petitioner's Complaint of Discrimination. With this disposition, the Final Hearing in this case scheduled for May 5 and 6, 2006, is cancelled, and the file of the Division of Administrative Hearings is hereby closed. DONE AND ENTERED this 23rd day of March, 2006, in Tallahassee, Leon County, Florida. S BARBARA J. STAROS 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 23rd day of March, 2006. COPIES FURNISHED: Marcy S. Kelly Post Office Box 3003 Lake City, Florida 32056 Thomas W. Brown, Esquire Brannon, Brown, Haley & Bullock, P.A. Post Office 1029 Lake City, Florida 32056-2029 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway Tallahassee, Florida 32301
Recommendation Deny the application of Petitioner for Registration as a salesman for the Florida Real Estate Commission. DONE and ENTERED this 6th day of December, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building MAIL: 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Manuel E. Oliver, Esquire Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Dwaine Eugene Spann Route 2, Box 376S Sarasota, Florida 33582
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by Rules 9.110 and 9.190, Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the Department of Business and Professional Regulation, Attn: Ronda L. Bryan, Agency Clerk, 1940 North Monroe Street, Suite 92, Tallahassee, Florida 32399-2202 and a second copy, accompanied by the filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Florida Appellate District where the party resides. The Notice of Appeal must be filed within thirty (30) days of rendition of the order to be reviewed. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Certified U.S. Mail to Oasis Cafe at Key Biscayne, c/o Carlos Flores, 19 Harbor Drive, Miami, Florida 33149; by regular U.S. Mail to the Honorable Darren A. Schwartz, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399- 3060; and by hand delivery to Marc Drexler, Chief Attorney, Division of Hotels and Restaurants, Department of Business and Professional Regulations, 1940 North Monroe Styeet, Tallahassee, Florida 32399-2202, this |@¥day of Yezember , 2013. msn For the Division of Hotels and Restaurants 7196 4008 G11) 4516 1240 | SENDERS, RECORD
Findings Of Fact After the motion for continuance was again denied, petitioners declined to offer any evidence and petitioners announced that they would be pursuing certain supposed federal remedies.
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by Rules 9.110 and 9.190, Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the Department of Business and professional Regulation, Attn: Ronda L. Bryan, Agency Clerk, 1940 North Monroe Street, Suite 92, Tallahassee, Florida 32399-2202 and a second copy, accompanied by the filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Florida Appellate District where the party resides. The Notice of Appeal must be filed within thirty (30) days of rendition of the order to be reviewed.
Findings Of Fact The Petitioner is the Department of Professional Regulation charged, in conjunction with the Construction Industry Licensing Board, with the responsibility to prosecute administrative complaints pursuant to Chapters 489, 455 and 120, Florida Statutes, and the Rules promulgated pursuant to the statutes. At all times material to the Administrative Complaint, Respondent David Knaus was licensed as a certified general contractor in the State of Florida, holding License No. CG CO35153. At all times material hereto, Respondent's licensure was registered at the Construction Licensing Board as the qualifying agent for Homes of Port Charlotte, Inc. The primary operating officers of said corporation were Respondent and Barclay Ryder. As to Case No. 105157 On or about April 17, 1987, Homes of Port Charlotte, Inc., the entity for which the Respondent was the qualifying agent, contracted with John W. Gunn to construct a house at 2474 Colon Lane, Port Charlotte, Florida, for the amount of $91,291.00. After completion of the house, a certificate of occupancy was issued. The Respondent provided the customer with a final contractor's affidavit, which claimed that all subcontractors and suppliers were paid. Thereafter, a number of claims of lien were filed against the property, the claims were in excess of $10,000 for work and/or supplies for which the general contractor had already been paid by the escrow agent, Florida State Land Title Company. Said claims were paid off by the owners of the property. Neither the Respondent, nor the company, had the liens removed within 30 days after the date of the filing of the liens. As to Case No. 105718 On or about September 28, 1987, Homes of Port Charlotte, Inc., the entity for which the Respondent was the qualifying agent, contracted with Wallace and Pamela Nichols to construct a house at 116 Peckham Street Southeast, Port Charlotte, Florida, for the amount of $90,027.00. After virtual completion of the construction, Homes of Port Charlotte received all of the money due them under the contract. The Respondent provided the Nichols with final contractor's affidavit which claimed that all subcontractors and suppliers were paid. Thereafter, a number of claims of liens were filed against the property for services rendered and/or materials supplied by subcontractors during the construction of said home, but remained unpaid. The general contractor had already been paid for said supplies and/or services on previous draws by Naples Federal, the lending institution. The Nichols had to pay approximately $5,000.00 additional in order to complete unfinished items and/or to bring the house to a state of completion called for in the original contract and to satisfy the liens. Neither the Respondent, nor the company, had the liens removed within 30 days after the date of the filing of the liens. As to Case No. 105774 On or about April 29, 1987, Homes of Port Charlotte, Inc., the entity for which the Respondent was the qualifying agent, contracted with Victor and Angelina Wasilow to construct a house at 7234 Bargello Street, Englewood, Florida, for the amount of $54,207.90. After completion of the construction of the home, the Respondent furnished the Wasilows with final contractor's affidavit which claimed that all subcontractors and suppliers were paid. Thereafter, a number of claims of lien were filed by subcontractors for services rendered and/or materials supplied in the construction of the home, but remained unpaid. The general contractor had already been paid for said supplies and/or services by the escrow agent, Florida Land Title Company. The owners, Mr. and Mrs. Wasilow, had to pay extra for the completion of the cesspool, which was to have been included in the original contract, and incurred attorney fees in the amount of $300.00 for legal advice associated with the problems. Neither the Respondent, nor the company, had the liens removed within 30 days after the date of the filing of the liens. As to Case No. 016937 On or about April 20, 1987, Homes of Port Charlotte, Inc., the entity for which the Respondent is the qualifying agent, contracted with Chris and Lorraine D'Angelo to construct a house at 581 Queens Avenue, Port Charlotte, Florida, for the amount of $70,758.00. When the house was approximately 60 to 65 percent complete, construction stopped, and the Respondent's company abandoned the project due to the company's declaration of bankruptcy. The D'Angelos subsequently finished construction of the house on their own. However, a claim of lien was filed by Nicks Title Company in the amount of $846.12 for work that had been ordered by the general contractor and performed prior to the general contractor leaving the job. The D'Angelos in completing their house according to the original specifications were required to spend approximately $10,000.00 in additional funds. As to Case No. 107168 On or about March 28, 1987, Homes of Port Charlotte, Inc., the entity for which the Respondent was the qualifying agent, contracted with Alfred and Adele Schmidt to construct a house at 1130 Birchcrest Boulevard, Port Charlotte, Florida, for the amount of $84,932.00. In the early part of August, 1988, when the contractor had drawn all of its money due under the contract, with the exception of $7,542.50, the Schmidts attempted to move into their home only to find the house approximately only 60 percent complete and the job abandoned. The Schmidts recommenced construction of the house on their own and expended the remainder of the money left in the escrow account (about $9,000.00) and an additional $25,622.00 in order to complete the house according to the original contract specifications. Subsequently, a number of claims of lien were filed on their property by subcontractors for services performed and/or supplies furnished during the construction of the house, which work or supplies had already been paid for to the general contractor by the Schmidts. Neither the Respondents, nor the company, had the liens removed. As to Case No. 110301 On or about April 15, 1987, Homes of Port Charlotte, Inc., the entity for which the Respondent is the qualifying agent, contracted with Louis and Phyllis Silva to construct a house at 447 Carolyn Street, Port Charlotte, Florida, for the amount of $74,400.00. After the contractor had received all monies due under the contract, including payment for all extras ordered, a number of claims of lien were filed against the property by subcontractors and/or suppliers for services performed and/or supplies furnished during the construction of the home. The general contractor had already received payment for said supplies and services. The Respondent had provided the customer with final contractor's affidavit claiming all subcontractors and suppliers had been paid. Neither the Respondent, nor the company had the liens removed within 30 days after the date of the filing of the liens. As to All Cases On June 1, 1990, after trial on a thirty count Amended Information before the Circuit Court for Charlotte County, Florida, a jury returned a verdict of guilty as to eight counts of grand theft, a felony, and nine counts of misuse of monies, a misdemeanor. Each count related to the practice of contracting. Motions to set aside the verdict are pending. A presentence investigation was ordered by the presiding judge, and disposition and sentencing was scheduled for a date subsequent to the date of the formal hearing.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violating Section 489.129(1)(l), Florida Statutes, as to Case Nos. 105157, 105718, 105774 and 110301; violating Section 489.129(1), Florida Statutes, as to Case Nos. 105157, 105718, 105774, 016937 and 107168; violating Sections 489.129(1)(m) and 489.129(1)(j), 489.119 and 489.105(4), Florida Statutes, as to Case Nos. 105157, 105718, 105774, 016937 and 107168; and that Respondent be found not guilty of violating Section 489.129(1)(b), Florida Statutes. FURTHER RECOMMENDED that a final order be entered revoking Respondent's contractor's license in accordance with disciplinary guidelines set forth in section 21E-17.001 (9), (10), and (19), Florida Administrative Code. DONE AND ENTERED this 1st day of February, 1991, in Tallahassee, Leon County, Florida. Daniel M. Kilbride 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 1st day of February, 1991. APPENDIX 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 of Fact. Accepted in substance: paragraphs 1,2,3,4,5,6,7,8,9 and 10 (in part) Rejected as not supported by clear and convincing evidence: paragraph 10 (in part) Respondent's Proposed Findings of Fact. Accepted in substance: paragraphs 1,2,3,5,11 (#105157) 1,2,3 (#105718) 1,2, (#105774) 1,2,3,4 (#106937) 1,2 (#107168) 1; (#110301) 1,2 Rejected as against the greater weight of the evidence: paragraphs 4,8,10, (#105157) 4, (#105718) 3 (#105774) 5, (#106937) 3, (#107168) 2; (#110301) 3 Rejected as not relevant: paragraphs 6,7,9 Copies furnished: Robert B. Jurand, Esquire Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Jack McGill, Esquire 1101 South Tamiami Trail Suite 101 Venice, FL 34285 Jack McRay General Counsel Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Daniel O'Brien Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, FL 32202
