The Issue What if any, disciplinary action may be taken against Respondent based on alleged violations of Florida Statutes Section 489.531(1) (practicing electrical contracting or advertising one's self or business organization as available to engage in electrical or alarm system contracting without being certified or registered), and Section 455.227(1)(q) (engaging in the practice of unlicensed electrical contracting after previously being issued an Order to Cease and Desist from the unlicensed practice of electrical contracting.)
Findings Of Fact At all times material hereto, Respondent was not licensed nor had he ever been licensed to engage in electrical contracting in the State of Florida. Mr. George Hammond lives in Inverness, Florida in a single family dwelling with a detached garage. The house is serviced with a water well and electrical pump. On July 25, 2006, Mr. Hammond notified a long-time friend, Dennis Himmel that he had problems with his well and could not get water into his home. Mr. Himmel temporarily ran a wire between the well and garage so Mr. Hammond could get water, and suggested Mr. Hammond hire an electrician to do the permanent work. A few days later, Mr. Hammond told his friend, Craig Zeedick, that his well had been hit by lightening and someone was fixing it. Mr. Zeedick went to Mr. Hammond's house and observed Respondent kneeling down and making an electrical connection with the junction box. Respondent had stripped off the wire connections and made the wire nut connection. A boy was with Respondent, and the boy was burying an electrical cable to the well. The cable in the ground had no tubing or protection around it. At Mr. Hammond's request, Mr. Zeedick counted out approximately $947.00 in cash to Respondent for the electrical work. Sometime in August 2006, Mr. Himmel observed the work done at Mr. Hammond's home. He phoned Respondent to complain because the wire from the garage to the well was buried only four inches underground with no conduit (protective covering) over the wire into the garage. Respondent returned and covered the wire with conduit but then the pump did not work. Later, Respondent corrected the wire box connection, blaming the problems on Mr. Himmel. At some point in these machinations, Respondent succeeded in flooding Mr. Hammond's garage with water. Amy Becker, a license inspector with the Citrus County Building Division performed an investigation of the electrical contracting work done by Respondent at Mr. Hammond's residence, and took photographs. At that time, Mr. Hammond pointed out electrical wiring running from the well to the garage, and Ms. Becker observed there was a conduit and some plastic tubing. Ms. Becker then checked Respondent's licensing status, and found him to be unlicensed as an electrical contractor by either the State or Citrus County. She notified Petitioner, as the State licensing agency. On December 13, 2006, Ms. Becker cited Respondent for unlicensed contracting in wiring the water well pump at Mr. Hammond's residence. Respondent appeared before the County Board on December 13, 2006, and signed the citation signifying he wanted an administrative hearing. On January 24, 2007, Respondent, represented by counsel, was present for testimony before the Board, and the Board upheld the citation against Respondent. Respondent paid the citation on May 29, 2007. Respondent admitted to Petitioner's Investigator, Sharon Philman, during a telephone interview, that he had run wire from Mr. Hammond's garage to the well pump, for which work he charged approximately $940.00. On or about February 13, 2007, Petitioner issued a Cease and Desist Order against Respondent. The instant complaint/case followed. Petitioner put on no evidence concerning a prior 2005 case against Respondent.1/
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation enter a final order: Finding Respondent guilty of having violated Section 489.531(1)(a), Florida Statutes, on one occasion, and assessing Respondent an administrative fine in the amount of $2,500.00 therefor, as permitted by Section 455.228(2), Florida Statutes. Finding Respondent not guilty of having violated Section 455.227(1)(q) as pled in Count II of the Administrative Complaint herein. DONE AND ENTERED this 19th day of September, 2007, in Tallahassee, Leon County, Florida. S ELLA JANE P. DAVIS 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 19th day of September, 2007.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, and the entire record compiled herein, I hereby make the following relevant findings of fact: By its Administrative Complaint filed herein dated July 6, 1982, the Petitioner, Electrical Contractors Licensing Board, seeks to take disciplinary action against the Respondent, J. Hugh Smith, a registered electrical contractor, who holds license number ER 0004272. The Respondent is the President of Electric Hugh Company, Inc. Electric Hugh Company is the entity through which the Respondent engaged in the business of electrical contracting in the City of Jacksonville. On March 3, 1982, the Construction Trades Qualifying Board for the City of Jacksonville met and considered charges filed against the Respondent for failure to use certified craftsmen. A Mr. Etheridge, an employee of Respondent, was permitted to engage in electrical contracting work unsupervised by a certified craftsman without being licensed as a certified craftsman. By so doing, Respondent violated Section 950.110(a), Ordinance Code of the City of Jacksonville, Florida. 1/ For that code violation, Respondent's certificate was suspended for a period of six (6) months. (Petitioner's Exhibit 1 and testimony of John R. Bond, Executive Director -- Construction Trades Qualifying Board for the City of Jacksonville) On June 2, 1982, the Construction Trades Qualifying Board convened another meeting to consider other charges filed against Respondent based on an alleged failure (by Respondent) to pull electrical permits on four instances wherein a permit was required. At that time, Respondent's certification was revoked effective June 2, 1982, and that revocation remains in effect. The action by the Construction Trades Qualifying Board, City of Jacksonville, has been reviewed by Petitioner. By way of mitigation, Respondent opined that he considered the two years in which his license has been revoked by the City of Jacksonville as sufficient penalty for the violation. Respondent did not substantively contest the charges.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Respondent's registered electrical contractor's license number ER 0004272 be suspended for a period of two years. DONE AND ENTERED this 17th day of April 1984 in Tallahassee, Florida. JAMES E. BRADWELL 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 17th day of April 1984.
The Issue The issue is whether Respondent (“Ricky Lee Diemer”) offered to engage in unlicensed contracting as alleged in the Administrative Complaint, and, if so, what penalty should be imposed.
Findings Of Fact Based on the oral and documentary evidence adduced at the final hearing, matters subject to official recognition, and the entire record in this proceeding, the following Findings of Fact are made: The Department is the state agency responsible for regulating the practice of contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, part I, Florida Statutes. The Department initiated an undercover operation by gaining access to a house needing numerous repairs. The Department employees then utilized websites, such as Craigslist and HomeAdvisor, to identify people offering unlicensed contracting services. The Department employees found an advertisement posted by “RLD Handyman Services” on December 26, 2017, offering to perform multiple types of contracting work. This advertisement caught the Department’s attention because it did not list a contracting license number. Section 489.119(5)(b), requires every advertisement for contracting services to list such a number.2/ The advertisement listed a phone number, and the Department utilized the Accurint phone system to ascertain that the aforementioned phone number belonged to Mr. Diemer. The Department examined its records and ascertained that Mr. Diemer was not licensed to perform construction or electrical contracting in Florida. The Department contacted Mr. Diemer and approximately 12 other people offering contracting services and scheduled appointments for those people to discuss contracting work with an undercover Department employee at the house mentioned above. An undercover Department employee told Mr. Diemer and the other prospective contractors that he had recently bought the house and was hoping to sell it for a profit after making some quick repairs. An undercover Department employee met Mr. Diemer at the house and described their resulting conversation as follows: A: We looked at remodeling a deck on the back, the southern portion of the home. We looked at cabinets, flooring and painting that are nonregulated in nature, but also plumbing and general contracting services such as exterior doors that needed to be replaced, and the electrical, some appliances and light fixtures. Q: All right. So was there any follow-up communication from Mr. Diemer after your discussion at the house? A: Yes. We walked around the house. He looked at the renovations that we were asking. He took some mental notes as I recall. He didn’t make any written notes as some of the others had done. He did it all in his head, said that he was working on another project in the Southwood area at the time and just left his work crew there to come and visit with me and was rushed for time. So he was in and out of there in 10 to 15 minutes. It was pretty quick. Q: Okay. A: But he took the mental notes and said that he would go back and write something up and send me a proposal through our Gmail. . . . On February 7, 2018, Mr. Diemer transmitted an e-mail to the Department’s fictitious Gmail account offering to perform multiple types of work that require a contracting license: kitchen sink installation, bathroom remodeling, construction of an elevated deck and walkway, installation of light fixtures, and installation of front and back doors.3/ Mr. Diemer proposed to perform the aforementioned tasks for $13,200.00.4/ The work described in Mr. Diemer’s e-mail poses a danger to the public if done incorrectly or by unlicensed personnel.5/ The Department incurred costs of $118.55 for DOAH Case No. 18-6578 and $91.45 for DOAH Case No. 18-6579. The Department proved by clear and convincing evidence that Mr. Diemer advertised or offered to practice construction contracting without holding the requisite license. The Department also proved by clear and convincing evidence that Mr. Diemer practiced construction and electrical contracting when he transmitted the February 7, 2018, e-mail.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation issue a final order requiring Ricky Lee Diemer to pay a $9,000.00 administrative fine and costs of $210.00. DONE AND ENTERED this 1st day of April, 2019, in Tallahassee, Leon County, Florida. S G. W. CHISENHALL 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 1st day of April, 2019.
The Issue Whether disciplinary action should be taken against Respondent based on alleged violations of section 489.127(1)(f)1, Florida Statutes, as charged in the Administrative Complaint.
Findings Of Fact Petitioner DBPR is the state agency charged with regulating the practice of contracting, pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, part I, Florida Statutes. Petitioner has jurisdiction over the unlicensed practice of contracting, pursuant to section 455.228. At all times material, Respondent, Earnest Knight, was not licensed, nor had he ever been licensed by the state of Florida to engage in contracting. At some point in the past Respondent had taken the state exam required for licensure but had not passed it. In early June 2007, Respondent met with Izell Montgomery and Laitima Wilson-Montgomery (“the Montgomerys”) to discuss building an addition to, and remodeling, the Montgomery’s home in Tallahassee, Florida. According to the unrebutted testimony of Respondent, the Montgomerys initiated the contact.2/ There is conflicting testimony as to whether Respondent represented himself as a licensed contractor to the Montgomerys at this initial meeting or at any subsequent time.3/ However, he did give the Montgomerys one of his business cards bearing the name "Knight Construction Services," drawings of a mason and a carpenter, and his contact information. Although the record is clear that no written contract existed at the commencement of the project, the testimony again conflicts as to whether a verbal contract was joined before the work began, and more important, what role Respondent was to play in bringing the project to fruition. According to the Montgomerys, Respondent was to serve as the general contractor of the project and in that capacity be responsible for entering into subcontracts for certain aspects of the project as well as overall supervision of the project. According to Respondent, his role was to "assist" the Montgomerys in the construction of their owner-built project. In return, he was to be compensated for his time. The project was a two-story addition to an existing home that would include the enlargement of the master bedroom upstairs and the enlargement of the kitchen downstairs. The successful completion of the project would entail foundation work, structural framing, heating and air-conditioning system work, electrical system work, roofing, and plumbing. On September 14, 2007, Mrs. Montgomery and Respondent went together to the City of Tallahassee Growth Management Office and applied for, and obtained, an "owner-built" building permit. According to Mrs. Montgomery, Respondent explained that the permitting process would be quicker if she applied for the permit as an owner-builder as opposed to Respondent applying as a general contractor. An owner-builder permit allows the work to be performed by or under the direct onsite supervision of the owner of the building. It does not allow the work to be delegated by the owner to an unlicensed contractor, such as Respondent. On October 30, 2007, Respondent received a proposal from Jack Bryant for the structural framing work on the project. The quoted price for the framing work was $10,000.00. The proposal was evidently accepted by Respondent since Bryant began the framing work on the project sometime thereafter. However, following a heated disagreement4/ between Respondent and Mr. Bryant, Respondent terminated the relationship with him. On December 22, 2007, Mrs. Montgomery wrote a check for $700.00 to Respondent with the intention that it be used to pay Mr. Bryant for the work he had performed prior to his termination. In fact, Mr. Bryant was paid only $600.00 by Respondent for the framing work while the $100.00 balance was retained by Respondent. Respondent hired Derrick Smith as the replacement framer to complete the framing of the project. It was agreed between Respondent and Mrs. Montgomery that payments to Mr. Smith would be made directly by Mrs. Montgomery upon approval by Respondent. On May 14, 2008, Mrs. Montgomery wrote a check for $500.00 payable to Respondent. As noted in the “memo” line of the check, this payment was compensation to Respondent for arranging for the subcontractors on the project. Respondent hired Jesse Shabazz of Al Hajj Services to perform the necessary HVAC work on the project. Respondent paid Mr. Shabazz $700 for completion of phase I of the HVAC system. During the time Respondent was supervising the project there was no written contract between the Montgomerys and Mr. Shabazz.5/ Respondent engaged George E. Gunn Surveying and Mapping to conduct a boundary survey of the project site. That survey was completed on June 15, 2007. Respondent hired R. Carver to do the electrical work on the project. Following approval by Respondent for work completed, R. Carver was paid directly by the Montgomerys. On January 24, 2008, the Montgomerys contracted directly with the Frascona Plumbing Company for all of the plumbing work associated with the project. Following approval by Respondent for work completed, Frascona Plumbing was paid directly by the Montgomerys. The Montgomerys contracted directly for the tile work and cabinetry work associated with the project. Respondent installed the insulation for the project, and did some of the landscaping and job site cleanup. Upon the completion of each phase of the project, Respondent would inform the Montgomerys that it was time to call the city and arrange for an onsite building inspection. On June 17 or 18, 2008, Respondent abandoned the project. On June 24, 2008, Respondent delivered a hand-written statement to the Montgomerys detailing the amounts he claimed were owed to him by the Montgomerys. In addition to several line items of materials costs to be reimbursed, there was also the line item "oversee job" with a corresponding charge of $2,000.00. Respondent contends that he was not paid the $2,000.00 fee appearing on the June 24, 2008, statement he presented to the Montgomerys. Ms. Montgomery contends that Respondent was paid some or all of the $2,000.00 fee, although she was not able to produce any cancelled checks or receipt to corroborate payment. However, there is no dispute that Respondent was paid at least $500.00 for his role in hiring subcontractors and “overseeing” the project. The Montgomerys were not happy with the quality of the work done on their home. Among their complaints were a leaking roof, walls that were cracking, and holes around some of the electrical outlets. The Department incurred investigative costs of $195.49 related to Complaint No. 2008-040905.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation issue a final order that: Finds Respondent guilty of unlicensed contracting in violation of sections 489.127(1)(f) and 489.13, and imposes an administrative fine of $2,000, with $1,000 payable upon entry of the final order and the other $1,000 payable one year from that date unless Respondent provides satisfactory evidence to DBPR that he obtained a state contractor’s license within that period; Requires Respondent to pay the Department’s investigative costs of $195.49. DONE AND ENTERED this 7th day of February, 2011, in Tallahassee, Leon County, Florida. S W. DAVID WATKINS 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 7th day of February, 2011.
The Issue By Administrative Complaint filed September 2, 1977 the Florida Electrical Contractors' Licensing Board (FECLB) seeks to revoke, annul, withdraw or suspend the state electrical contractor's certification of Michael Lang who holds certificate No. 0000227, and Lang's right to do business thereunder. As grounds therefor it is alleged that Lang pulled the permits on 5 homes under the authority of his state license where work was to be done by Blue Streak Electric in which Lang had no interest. This was alleged to constitute violation of 468.190(2)(a), (b), (c), and (d)F.S. Five witnesses, including Respondent, testified and three exhibits were admitted into evidence.
Findings Of Fact Michael T. Lang holds state electrical contractor license No. 0000227 and has been so licensed for about 3 years. He also holds Palm Beach and Broward County electrical contractor's licenses. Lang has never done any electrical contracting work under his state certificate outside Broward or Palm Beach counties. Wayne Johnson is a journeyman electrician who has been employed by Lang since about 1973. Johnson worked on numerous houses for which Lang was the contractor and served as Lang's alter ego in many business functions such as ordering supplies, submitting proposals for bids, and signing checks. In 1976 Lang encountered financial reverses due to the construction industry slump and was close to being closed down by IRS. It was difficult for him to obtain supplies with IRS attaching bank accounts and accounts receivable. Johnson formed Blue Streak Electric to perform electrical repairs on weekends and evenings to supplement his dropping income from Lang. Blue Streak was not a qualified corporate electrical contractor although Johnson and Lang had discussed the concept of qualifying Blue Streak to be able to get supplies that Lang was finding increasingly difficult to do. Before the necessary information had been submitted to qualify Blue Streak, Johnson bid on 5 house wiring jobs in Palm Beach County and obtained the contracts under Blue Streak Electric. The permits were pulled by Mike Lang Electric (Exhibits 1, 2, and 3) and under his county contractor's certificate number U8732. On the application for electrical permits (Exhibits l, 2, and 3) here involved, in the blank following "State and County Occupational License No." was entered "227". No evidence was presented regarding the occupational license number of Lang but 227 is the number of his state certification. Some two weeks after the work was commenced under the Blue Streak contract and was about fifty percent complete, the building inspectors stopped the work because Blue Streak was not a licensed electrical contractor. Johnson had been, and was at the time, a salaried employee of Lang who was supervising the work done under these contracts. Upon stopping of the work by the Palm Beach County inspectors these contracts were turned over to Mar Electric who employed Johnson to complete the work he had initially bid on. Mar visited the sites from time to time and received payment from the builder for the work performed. Lang received no income from these projects. Lang was not an officer in Blue Streak and had no financial interest in Blue Streak at any time here involved. Upon learning that Johnson had entered the bids by Blue Streak and pulled the permits under Lang's license, Lang recognized that problems could ensue but this information was received only a couple of days before the work under Blue Streak's contract was stopped. About the same time the work by Blue Streak was stopped by the inspector the IRS levied on Lang and closed his business. The Palm Beach County licensing authority took action against Lang and, in April, 1977 suspended his county electrical contractor's license for one year on the same facts here involved.
The Issue At issue is whether Respondent committed the offenses set forth in the Administrative Complaints and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, the Department of Business and Professional Regulation (Department), is the state agency charged with the duty and responsibility of regulating the practice of contracting and electrical contracting pursuant to Chapters 20, 455, and 489, Florida Statutes. At all times material to the allegations of the Administrative Complaints, Lamar "Marty" Campbell was not licensed nor had he ever been licensed to engage in contracting as a State Registered or State Certified Contractor in the State of Florida and was not licensed, registered, or certified to practice electrical contracting. Mr. Campbell readily acknowledges that he has not had training or education in construction or contracting and has never held any licenses related to any type of construction or contracting. At all times material to the allegations of the Administrative Complaints, Johnston Handyman Services did not hold a Certificate of Authority as a Contractor Qualified Business in the State of Florida and was not licensed, registered, or certified to practice electrical contracting. Respondent, Lamar Campbell, resides in Gulf Breeze, Florida. After Hurricane Ivan, he and his roommate took in Jeff Johnston, who then resided in Mr. Campbell's home at all times material to this case. Mr. Johnston performed some handywork in Respondent's home. Mr. Johnston did not have a car, a bank account, or an ID. Mr. Campbell drove Mr. Johnston wherever he needed to go. At some point in time, Mr. Campbell drove Mr. Johnston to obtain a handyman's license in Santa Rosa County. Mr. Campbell did not apply for the license with Mr. Johnston and Mr. Campbell's name does not appear on this license. The license is in the name of Johnston's Handyman Services. Mr. Campbell is a neighbor of Kenneth and Tracy Cauley. In the summer of 2005, which was during the period of time when Mr. Johnston resided in Mr. Campbell's home, the Cauleys desired to have repairs done on their home to their hall bathroom, master bathroom, kitchen and laundry room. With the help of Mr. Campbell and others, Mr. Johnston prepared various lists of repairs that the Cauleys wanted performed on their home. In August 2005, Mr. Johnson and Mr. Campbell went to the Cauley's home and the proposed repairs were discussed with the Cauleys. There are documents in evidence dated August and October, 2005, which the Cauleys perceive to be contracts for the repairs to be done in their home. However, these documents are not contracts but are estimates, itemizing both materials and labor. The documents have the word "Estimate" in large bold type at the top and "Johnston Handyman Services" also at the top of the pages. The list of itemized materials includes electrical items, e.g., light fixtures and wiring. Also in evidence are documents dated August and October, 2005, with the word "Invoice" in large bold letters and "Johnston Handyman Services" at the top of the pages. Both Mr. and Mrs. Cauley acknowledge that Mr. Johnston performed the vast majority of the work on their home. However, at Mr. Johnston's request, Mr. Campbell did assist Mr. Johnston in working on the Cauley residence. Between August 5, 2005, and October 11, 2005, Mrs. Cauley wrote several checks totaling $24,861.53. Each check was written out to Marty Campbell or Lamar Campbell.1/ Mr. Campbell acknowledges endorsing these checks but asserts that he cashed them on behalf of Mr. Johnston, who did not have a bank account or identification, and turned the cash proceeds over to Mr. Johnston. Further, Mr. Campbell insists that he did not keep any of these proceeds. The undersigned finds Mr. Campbell's testimony in this regard to be credible. Work on the project ceased before it was finished and Mr. Johnston left the area. Apparently, he cannot be located. The total investigative costs, excluding costs associated with any attorney's time, was $419.55 regarding the allegations relating to Case No. 06-2764, and $151.25 regarding the allegations relating to case No. 06-3171, for a total of $570.80.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That the Department of Business and Professional Regulation enter a final order imposing a fine of $1,000 for a violation of Section 489.127(1), Florida Statutes; imposing a fine of $500 for a violation of Section 489.531(1), Florida Statutes, and requiring Respondent, Lamar Campbell, to pay $570.80 in costs of investigation and prosecution. DONE AND ENTERED this 9th day of March, 2007, 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 9th day of March, 2006.
The Issue The issues to be resolved in this proceeding concern whether the Respondent committed the charged violations of Sections 489.127(1)(f) and 489.531(1), Florida Statutes, as set forth in the Administrative Complaint, and, if so, what if any penalty is warranted.
Findings Of Fact On or about December 11, 2006, the Respondent entered into a contract with Ms. Carolyn H. Wilson for remodeling work, at Ms. Wilson's home in St. Petersburg, Florida. The scope of the work included in the Respondent's "Quotation" or their agreement, involved structural work, plumbing, and electrical work. The Respondent presented himself as being properly licensed for the work which he contracted to perform at Ms. Wilson's property. The Respondent had dictated the terms of the agreement or contract to Mr. Caleb Alfred who wrote the terms required by the Respondent into the "Quotation" form provided by the Respondent. Mr. Alfred was paid a $200.00 commission for referring Ms. Wilson and her job to the Respondent. Mr. Alfred is not affiliated in any way with the Respondent, however, and was a coworker at a local school with Ms. Wilson, who was the Assistant Principal. Ms. Wilson understood that she was contracting for work to be done by the Respondent and not by Mr. Alfred. The Respondent and Ms. Wilson signed the "Quotation" form as the contract for the project. The Respondent was never licensed to engage in any category of contracting in the State of Florida at any time material to the facts in this case and to the allegations in the Administrative Complaint. On December 11, 2006, the Respondent was paid $7,000.00, by Ms. Wilson's check no. 1022, the day the agreement was entered into. Thereafter he was paid $11,000.00 on December 19, 2006, by check no. 1024 issued by Ms. Wilson. He was paid on December 21, 2006, $1,400.00 by check no. 1025 and another $3,000.00 on December 22, 2006, by Ms. Wilson's check no. 1026. The Respondent also incurred some additional charges on Ms. Wilson's Home Depot and Lowes accounts for certain tools and items which he kept after he left the job. The Respondent maintains that he kept those tools as a remedy for work that he had performed for which Ms. Wilson had not paid him. The work the Respondent contracted to do required a permit. No permit of any kind for the referenced project was ever obtained. The electrical work to be performed by the Respondent included the installing of 10 recessed lights and two outlets. The lights to be installed, some of which were installed by the Respondent, were plug-in lights. The outlets installed by the Respondent involved merely screwing existing wires into the new outlets. They did not involve the addition of any wiring to the project or the home. The dishwasher to be installed by the Respondent did not actually involve plumbing. The plumbing work was already done and was existing at the site. The Respondent merely had to screw the plumbing outlet on the dishwasher to the standing plumbing or pipe. The installation of the flooring and the installation of the wall in the residence accomplished by the Respondent was structural work and constituted contracting. The wall was installed and was attached to the trusses of the structure. The flooring portion of the project involved installation of the hardwood flooring and the pad beneath, the charge for which totaled approximately $15,400.00 itself. The Respondent is a native of Trinidad. While residing in Trinidad he built houses. He therefore is quite experienced in construction. He has a "handyman" license from the City of Sanford. That handyman license prohibits electrical repair or replacement of any type, roof repair, installation of exterior doors and windows, and any work that requires a permit. The Respondent apparently was of the belief that he was authorized to do the type of work at issue, based on the strength of holding handyman license. Additionally, the handyman exemption from licensure which is provided in Section 489.103(9), Florida Statutes, references contracts under $1,000.00 dollars. It also requires, for an exemption, that the work involved not require any permitting. Neither is the case here, the work involved much more than $1,000.00 and did require permitting, at least in part. The Respondent apparently finished most of the job at issue. It is debatable whether he finished the dishwasher installation which merely involved placing it and screwing it into the already existing plumbing outlet. There is apparently a dispute over whether he was to install cabinets. The Respondent maintains that Ms. Wilson was to purchase and have installed the cabinets. It is therefore debatable, and not clear from the evidence of record, whether the Respondent is indeed still owed money by Ms. Wilson, or whether he charged more money for his work during the course of the project than they had agreed to and therefore owes her a refund. In any event, the monetary dispute is not of direct relevance to the question of the violations charged in the Administrative Complaint. The Department adduced testimony of its investigator concerning investigative costs. She thus testified that she had no recollection of how many hours or how much time she had expended in investigating the case culminating in the Administrative Complaint. She testified that she relied on a computer time-tracking program of the Department. But no such record was offered into evidence, nor the custodian of such record to testify. Consequently, the cost figure asserted by the Department as investigative cost for this proceeding of $520.18 has not been proven by persuasive, competent evidence.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is, therefore, RECOMMENDED that a final order be entered by the Department of Business and Professional Regulation finding that the Respondent violated Sections 489.127(1)(7) and 489.531(1), Florida Statutes, and imposing an administrative penalty in the amount of $2,000.00. DONE AND ENTERED this 29th day of August, 2008, in Tallahassee, Leon County, Florida. S P. MICHAEL RUFF 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 29th day of August, 2008. COPIES FURNISHED: Sorin Ardelean, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399 Ned Luczynski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Nancy S. Terrel, Hearing Officer Office of the General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Barry Rigby, Esquire Law Offices of Barry Rigby, P.A. 924 North Magnolia Avenue, Suite 319 Orlando, Florida 32803 G.W. Harrell, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Petitioner, the Department of Business and Professional Regulation (Department), is the state agency charged with the duty and responsibility of regulating the practice of contracting and electrical contracting pursuant to Chapters 20, 455 and 489, Florida Statutes. At all times material to the allegations of the Administrative Complaints, Antoney Manning was not licensed nor had he ever been licensed to engage in contracting as a State Registered or State Certified Contractor in the State of Florida and was not licensed, registered, or certified to practice electrical contracting. At all times material to the allegations of the Administrative Complaints, Manning Builders did not hold a Certificate of Authority as a Contractor Qualified Business in the State of Florida and was not licensed, registered, or certified to practice electrical contracting. Respondent, Antoney Manning, was at all times material to this proceeding, the owner/operator of Manning Builders. Respondent is in the business of framing which includes framing, drywall, tile, trim work, and painting. A document which is in evidence purports to be a contract dated September 5, 2004, between Manning Builders and Ms. Gwendolyn Parker, for the construction of a 14-foot by 14- foot addition in the rear corner of Ms. Parker's house located at 8496 Southern Park Drive in Tallahassee, Florida. The contract identifies Manning Builders as the "contractor." The contract price is $15,000. Unfortunately, only the first page of the contract is in evidence. However, Respondent acknowledges that he and Ms. Parker entered into a contract regarding the 14-foot by 14-foot addition to Ms. Parker's home. Respondent insists that he informed Ms. Parker that he was not a certified general contractor, but that he could find a general contractor for her. When that did not work out, Respondent told Ms. Parker that she would have to "pull" her own permits and that he could do the framing. He also told her that he would assist her in finding the appropriate contractors to do the electrical work, plumbing, and roofing. Ms. Parker did not testify at the hearing. On September 7, 2005, Respondent signed a receipt for $7,500 for a "deposit on addition (14 x 14)." The receipt identifies Ms. Gwendolyn Parker as the person from whom the money was received by Respondent. Respondent acknowledges finding an electrical contractor to perform the electrical work on the addition. However, he insists that he did not hire the electrical contractor but found one for Ms. Parker to hire. He gave the name to Ms. Parker but she apparently did not contact him. In any event, the electrical work was never done on the addition. Respondent completed the framework on the addition. Respondent did not build the roof, as he was aware that would require a roofing contractor. Work on the project ceased before the addition was finished. Ms. Parker's home suffered rain damage as a result of the roof not being completed. There is nothing in the record establishing the dollar amount of damage to her home. The total investigative costs to the Department, excluding costs associated with any attorney's time, was $360.59 regarding the allegations relating to Case No. 06- 0601, which charged Respondent with the unlicensed practice of contracting. The total investigative costs, excluding costs associated with any attorney's time, was $140.63 regarding the allegations relating to Case No. 06-0602, which charged Respondent with the unlicensed practice of electrical contracting.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED: That the Department of Business and Professional Regulation enter a final order imposing a fine of $1,000 for a violation of Section 489.127(1); requiring Respondent to pay $360.59 in costs of investigation and prosecution of DOAH Case No. 06-0601, and dismissing DOAH Case No. 06-0602. DONE AND ENTERED this 28th day of June, 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 28th day of June, 2006. COPIES FURNISHED: Brian A. Higgins, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Antoney Manning 11865 Register Farm Road Tallahassee, Florida 32305 G. W. Harrell, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Josefina Tamayo, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202
The Issue The issues in the case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.
Findings Of Fact The Petitioner is the state agency responsible for licensure and regulation of contractors and electrical contractors operating within the State of Florida. During the period at issue in this case, the Respondent was not licensed as a contractor or as an electrical contractor. Beginning in 2003, the Respondent provided home remodeling and repair services for houses owned by Ms. Enid Shaw. Ms. Shaw, a resident of New York who visits Florida regularly, apparently planned to permanently relocate to Florida at some time in the future. The Respondent met Ms. Shaw during one of Ms. Shaw's visits to Florida, when he was working on the house of an acquaintance of Ms. Shaw. Between 2003 and 2006, Ms. Shaw paid approximately $30,000.00 to the Respondent for the work he performed on her homes. Some of the work performed by the Respondent was outside the jurisdiction of the Petitioner. The Respondent submitted written estimates and invoices to her and, other than a $3,500.00 wire transfer referenced elsewhere herein, Ms. Shaw paid the Respondent by personal check. Ms. Shaw did not obtain receipts from the Respondent, but retained the estimates, invoices, and the processed checks. Ms. Shaw owned a house located at 3411 Silverwood Drive, Orlando, Florida (hereinafter "Silverwood"), and desired to have some repair work performed on the house. Ms. Shaw contacted the Respondent who agreed to meet her at the Silverwood house and tour the house. As they walked through the house, the Respondent made suggestions about how to remedy the deficiencies in the structure. They agreed that he would commence the repair work. Because she did not reside locally, Ms. Shaw was not always present at the home when the work was being done, and she provided a key to the Respondent so that he could enter in her absence. There were water stains on the family room ceiling, and Ms. Shaw knew that, when it rained, water came through the ceiling and would be collected in buckets. The Respondent advised Ms. Shaw that the roof was leaking and offered to repair the roof. Roof repairs were supposedly made, but the roof continued to leak during rain. The Respondent eventually called Ms. Shaw and told her that the entire roof needed to be replaced, that he had already ordered the materials required to replace the roof, that he had already secured the services of an assistant, and that the roof replacement would commence on the day following the telephone call. He informed Ms. Shaw that, because the work was commencing immediately, he needed to have payment by a wire transfer into his account. Ms. Shaw wired $3,500.00 to the Respondent's bank account as requested by the Respondent, but the Respondent did not replace the Silverwood roof on the next day, or on any other day. When the roof repair did not occur, Ms. Shaw began to ask for the return of the $3,500.00, but the Respondent failed to return the money. Though he did not explain his entitlement to retain the money, the Respondent told Ms. Shaw that someone to whom he had loaned his truck had abandoned the vehicle and that his tools had been stolen from the truck. There was no evidence to suggest that the Respondent was entitled to retain the $3,500.00 transfer from Ms. Shaw to his bank account. The Respondent did not replace Ms. Shaw's roof or return the funds to her. Additionally, the Respondent performed other work for Ms. Shaw at the Silverwood home. The Respondent installed a ceiling fan purchased by Ms. Shaw to replace one supposedly removed by previous residents from the Silverwood dining room. Ms. Shaw observed the Respondent turn off the power to the house and connect the fan to the existing electrical wiring. The Respondent also repaired a range hood ventilation fan and replaced a leaking faucet in the Silverwood kitchen. Ms. Shaw owned a house located at 6001 Denson Drive, Orlando, Florida (hereinafter "Denson"). She asked the Respondent to perform repairs on the Denson property, and, as they had done at the Silverwood house, they toured the home, and the Respondent made suggestions as to the work that needed to be done. The Denson roof was not functioning properly. The ceiling was water-stained in several rooms, and a wall in the screen porch was water-damaged. The Respondent repaired the roof deficiencies and the damage caused to the house by the water intrusion. Although Ms. Shaw was not always present at the time of these repairs, she observed the Respondent on one occasion taking a container of an otherwise unidentified black substance to the roof to patch one of the leaks. The interior water damage repaired by the Respondent included removal and reinstallation of ceiling fans and light fixtures in the rooms where the ceiling was repaired. The stove in the Denson kitchen was not functional, and Ms. Shaw purchased a replacement appliance. Although the stove purchased by Ms. Shaw apparently had an electrical plug incompatible with the existing outlet, Ms. Shaw observed the Respondent install the appliance by cutting into the stove's electrical cord and splicing the wiring into the existing outlet, after turning off the power to the house. Ms. Shaw was also present when the Respondent installed a jetted bathtub into an area previously occupied by a bathroom shower stall. The installation included turning off the water supply and the removal and replacement of plumbing lines. At the hearing, Ms. Shaw admitted that the tub she bought was incorrect for the installation location, apparently because the repair access area was on the wrong side of the tub and placed against a wall. She complained that the Respondent installed it nonetheless and that any repairs to the tub will require removal of a portion of a bedroom wall. Ms. Shaw also observed the Respondent remove and replace a bathroom toilet at the Denson house. The Petitioner asserted that the Respondent replaced a malfunctioning swimming pool "generator" at the Denson house, but the testimony presented on this issue was not sufficient to establish the actual nature of the pool equipment replaced, if any, by the Respondent. The Petitioner also asserted that the Respondent replaced an electric garage door opener at the Denson house, but the evidence failed to establish that the Respondent did anything other than replace an existing opener with a new opener and plug the power unit into an existing electrical outlet. Ms. Shaw owned a house located at 5006 Tam Drive, Orlando, Florida (hereinafter "Tam"). As at the other houses, Ms. Shaw asked the Respondent to tour the property and make the repairs on which they agreed. At the Tam house, the Respondent replaced a bathroom toilet and sink. As at the Denson house, the Petitioner asserted that the Respondent replaced an electric garage door opener at the Tam house, but the evidence again failed to establish that the Respondent did anything other than replace the existing opener with a new one and plug the power unit into an existing electrical outlet. There is no credible evidence that Ms. Shaw ever asked the Respondent whether he was licensed by the Petitioner; however, based on the Respondent's statements related to another customer, she believed he had some sort of license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation enter a final order finding that Donald Whyte violated Subsection 489.126(1), Florida Statutes, and imposing a fine of $10,000.00, and, further, violated Subsection 489.531(1), Florida Statutes, and imposing a fine of $3,000.00, for a total administrative fine of $13,000.00. DONE AND ENTERED this 28th day of September, 2010, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 28th day of September, 2010. COPIES FURNISHED: Maura M. Bolivar, Esquire Leigh Matchett, Qualified Representative Department of Business and Professional Regulation 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 Donald Whyte 6811 Thousand Oaks Road Orlando, Florida 32818 Amy Toman, Hearing Officer Office of the General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Reginald Dixon, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
