The Issue The issues are whether Respondent violated Section 489.127(1)(f), Florida Statutes (2005), and if so, what penalty should be imposed.
Findings Of Fact At all times material hereto, Respondent was not licensed to engage in construction contracting in the State of Florida. At all times material hereto, New Look Contracting, Inc. did not possess a certificate of authority to practice as a contractor qualified business. Respondent was a part owner/operator of New Look Contracting, Inc. On or about July 9, 2005, Respondent contracted with Lynnda Davis to, inter alia, raise the ceiling on the front porch and install French doors on Ms. Davis's office in Lake City, Florida, for $950. Ms. Davis paid Respondent $1,275 for the construction project of which Respondent admits to receiving at least $475. Respondent broke tiles at Ms. Davis's office and took contractually unrelated materials from her property. All of the items listed in the contract between Respondent and Ms. Davis required a Lake City, Florida, building permit. The total investigative cost to Petitioner, excluding costs associated with any attorney's time, was $311.21.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Petitioner enter a final order finding Respondent guilty of violating Section 489.127(1)(f), Florida Statutes (2005), imposing an administrative fine in the amount of $10,000, and assessing costs in the amount of $311.21. DONE AND ENTERED this 13th day of September, 2006, in Tallahassee, Leon County, Florida. S SUZANNE F. HOOD 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 13th day of September, 2006. COPIES FURNISHED: Brian A. Higgins, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Domenick Spallina 159 Southwest Pleasant Hill Glen Fort White, Florida 32038 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 John Washington, Hearing Officer Office of the General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
