Findings Of Fact Kasper Corporation, a speciality subcontractor, was formed during April 1987, and is engaged in the business of performing concrete gutter work, curb elements, traffic separators, barrier walls, sidewalks, formation of ditch and slope pavement, pipe culverts, and storm sewers. Most of its business activities are conducted in the area of Pasco, Hillsborough, Pinellas, Hernando, Citrus, Manatee and Sarasota counties. Ms. Deneweth purchased 100% of the stock of Kasper Corporation in September, 1988 for the sum of $10.00. Ms. Deneweth contends that she has deposited approximately $9,000.00 into the corporation between September and December, 1988 and has withdrawn approximately $6,000.00 as a withdrawal of capital. No documentation was provided to substantiate either the deposit or the withdrawal of funds by Ms. Deneweth. Prior to Ms. Deneweth's purchase of Kasper Corporation, she had no training or experience in the principal business activities in which Petitioner is engaged, having graduated from high school during June 1981, and having been employed as receptionist/secretary and office manager for a regional medical center, a physician and an engineering firm from 1981 thru 1987. Kasper Corporation's field supervisor is Steven D. Kasper, a nonminority, whose training and experience includes substantial concrete construction work. Steven Kasper is responsible for preparation of job estimates and the submission of bids to prime contractors. Kasper works in cooperation with Michael R. Knox, a civil engineer who is also a nonminority. Knox is employed by Petitioner as a consultant. Ms. Deneweth, the only minority involved in the internal operations of Kasper Corporation, has limited experience in the principal operations of Kasper Corporation. Ms. Deneweth has no training or working knowledge of the requirements and procedures for bid preparations, of the type of equipment or materials required to perform the principal activities of Kasper Corporation. Ms. Deneweth lacked familiarity with all significant details of Petitioner's internal operations, field operations, financial operations and the bidding procedures. All significant bidding, principal construction activities and financial requirements are carried out by the two nonminorities, Messrs. Kasper and Knox.
Recommendation Based on the foregoing findings of fact and conclusions of law it is recommended that Respondent enter a Final Order denying Petitioner's application for recertification as a disadvantaged business enterprise pursuant to Chapter 14-78, Florida Administrative Code. RECOMMENDED this 24th day of April, 1990, in Tallahassee, Leon County, 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 24th day of April, 1990. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458 Marianne Deneweth, President KASPER CORPORATION 5006 Trouble Creek Road Suite 215 New Port Richey, Florida 34652 Robert Scanlan, III, Esquire General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32399-0458 Ben G. Watts, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458
The Issue Whether Respondent committed the violations alleged in the administrative complaint; and, if so, what penalty should be imposed.
Findings Of Fact At all times material to the allegations of this complaint, the Respondent, Joseph Marcelin, was a certified residential contractor, license number CR C028352. Respondent’s place of business and residence are in Dade County, Florida. The Petitioner is the state agency charged with the responsibility of regulating and disciplining licensed contractors. On May 14, 1988, the Construction Industry Licensing Board entered a final order approving a settlement stipulation regarding Case no. 74860 against this Respondent. This final order directed Respondent to adhere to and abide by all of the terms and conditions of the stipulation. The stipulation required the Respondent to not violate the provisions in Chapters 455 and 489, Florida Statutes, in the future; required Respondent to honor a settlement in a civil matter; required Respondent to pay a fine in the amount of $500.00; suspended Respondent’s license for thirty days; and required Respondent to affirmatively demonstrate compliance with the stipulation in order to have his license reinstated. A second final order entered by the Board on May 14, 1988, approved a settlement stipulation regarding Case no. 77499. This final order also directed Respondent to comply with the stipulation applicable to that case. In Case no. 77499, the stipulation required Respondent to abide by a civil settlement; imposed a fine in the amount of $500.00; suspended Respondent’s license for thirty days; and placed the burden on Respondent to demonstrate he had met the terms of the stipulation. As to both cases referenced above, Respondent admitted the allegations of the administrative complaints which, in pertinent part, claimed Respondent had assisted an unlicensed person or entity to perform contracting services thereby aiding and abetting an unlicensed person to evade the provisions of Chapter 489, Florida Statutes. On April 2, 1993, Respondent executed a certification change of status form which was submitted to the Department. Such form was completed for the purpose of qualifying as an individual for licensure and sought to reinstate a delinquent license or change from inactive to active. In the course of completing the change of status form Respondent was required to answer a series of questions by checking either the “yes” or “no” column. In response to the question as to whether Respondent had “been charged with or convicted of acting as a contractor without a license, or if licensed as a contractor in this state or any other state, had a disciplinary action (including probation, fine or reprimand) against such license by a state, county or municipality?,” he answered “no.” Such answer was false. Further such answer was made under with the following affirmation: I affirm that these statements are true and correct and I recognize that providing false information may result in a FINE, SUSPENSION, OR REVOCATION of my contractor’s license. [Emphasis in original.] Thereafter, the Department notified the Respondent that his license would not be issued as he had failed to demonstrate satisfaction of a civil judgment and had not submitted an explanation of the disciplinary action from 1988. Respondent eventually resolved issues of licensure with the Department and, on September 15, 1993, was authorized to practice contracting. Prior to his license being reinstated, Respondent performed the following: on April 7, 1993, Respondent obtained a building permit for construction work at the home of Eduardo Bovea. This permit, no. 93181501, indicated Respondent as the contractor of record for the project. On the permit application Respondent represented himself as the licensed building contractor for the Bovea project to the Metropolitan Dade County building and zoning department. Respondent did not have a contract with Bovea for the construction work to be performed on the Bovea home. In fact, the contract was between Bovea and Lou Greene Construction. The Boveas paid monies to Rodney Salnave, who claimed to be a representative for Lou Greene Construction. Rodney Salnave was not Respondent’s employee, and was not licensed as a contractor. The Respondent did not talk to the Boveas regarding the contract, the scope of the work to be done, or the contract price for the work. All discussions regarding the work at their home (and payments for same) were between Rodney Salnave and the Boveas. The permit for the Bovea project represented the amount of the work to be $2,000.00. In fact, the contract price for the work was $4,500.00. Respondent misrepresented the value of the work for the Bovea project. As of September 26, 1993, Respondent admitted he was involved with seventeen contracting jobs. Just eleven days after having his license reinstated, and while being employed in a full-time (8:00 a.m. to 5:00 p.m.) job with Dade County, Respondent had contracting responsibility for seventeen jobs. In reality, Respondent had made a deal with an unlicensed person, Denis Joseph, to pull permits for him. The jobs were for persons who, in some instances, Respondent had never met. For example, Mr. Joseph pulled a permit for work to be performed on a home owned by Ed Davis. The contract for the work was between Mr. Davis and a Mr. Sutton, an unlicensed contractor, but with the approval of Respondent, Mr. Joseph obtained a permit for the Davis job. A second job was for Bertha Joseph. In this instance, Mr. Joseph completed the permit application which Respondent signed thereby allowing Mr. Joseph to obtain the permit for the project. By signing the permit, Respondent represented himself to be the contractor for the job. In truth, the homeowner had contracted with Denis Joseph for the work to be done, but the project was completed by Emanuel Gideon, an unlicensed contractor. Respondent admitted receiving payments from Denis Joseph. Respondent admitted he was not actively involved with the Bertha Joseph project. In September, 1993, Eric Wardle, an investigator with the Dade County building and zoning department, interviewed Respondent regarding claims that he was obtaining permits for unlicensed contractors. According to Mr. Wardle, Respondent admitted he pulled permits for unlicensed contractors after Hurricane Andrew because they were trying to make a living. At hearing Respondent disputed the accuracy of Mr. Wardle’s investigation but admitted he would have told him “anything just for him to get away from me.” Respondent’s explanation at hearing was not persuasive.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Construction Industry Licensing Board, enter a final order revoking Respondent’s contractor license and imposing an administrative fine in the amount of $8,500.00. DONE AND ENTERED this 16th day of May, 1997, in Tallahassee, Florida. J. D. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 COPIES FURNISHED: Bruce M. Pasternack, Esquire Raymond L. Robinson, P.A. 1501 Venera Avenue, Suite 300 Coral Gables, Florida 33146 Joseph Marcelin 16561 Southwest 144th Court Miami, Florida 33177 Filed with the Clerk of the Division of Administrative Hearings this 16th day of May, 1997. Rodney Hurst, Executive Director Department of Business and Professional Regulation/CILB 7960 Arlington Expressway, Suite 300 Jacksonville, Florida 32211-7467 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street, Northwood Centre Tallahassee, Florida 32399-0792
Findings Of Fact At all times material hereto Respondent has been a certified general contractor in the State of Florida having been issued license numbers CG-C004811 and CG-CA04811. On or about July 11, 1983, Dorothea Stella entered into a contract with J. F. Johnson Company, Inc., to purchase and place a single family manufactures home on property Stella was purchasing from Johnson, designated as Lot 22, Block 1081, Unit PM 19 in the city of Palm Bay. On September 16, 1983 Respondent obtained building permit number 20209 from the city of Palm Bay for this construction. The permit application and the permit itself show J. F. Johnson Company, Inc., as owner. Stella only dealt with J. F. Johnson and never met or heard of Respondent. She believed that Johnson was in charge of the construction, brought problems to his attention and made payments to Johnson. Respondent was not responsible for any of the work in constructing the manufactures home for Stella but was in charge of placing the home on the lot she bought from Johnson. This would include clearing the lot, preparing a foundation, plumbing and electrical connections and the installation of a septic tank and drain field. Stella did not close on this dale because construction of the manufactured home was delayed and her financing approval expired. However, the site preparation for the home had been completed, including clearing of the lot and construction of the foundation. On or about June 30, 1983, Earl D. And Mary C. McNees entered into a contract with J. F. Johnson Company, Inc., to purchase and place a single family manufactured home on property they were purchasing from Johnson, designated as Lot 1, Block 378, Unit PM 10 in the city of Palm Bay. On August 2, 1983, Respondent obtained permit number 19785 from the city of Palm Bay for this construction. The permit application and the permit itself show J. F. Johnson Company, Inc., as owner. Mary McNees only dealt with J. F. Johnson and had never met or heard of Respondent. She believed Johnson was in charge of the construction and made all payments to Johnson. Respondent was not responsible for any of the work in constructing the manufactured home for Mr. and Mrs. McNees, but was in charge of placing the home on the lot they purchased from Johnson. He did satisfactorily clear the lot, pour foundation for their home, connect the electricity and plumbing, and install a septic tank and drain field. During late December 1982, Michael Schulte entered into a contract with J.F. Johnson Company, Inc., to purchase and place a single family manufactured home on a lot he was purchasing from Johnson located at 831 Southwest Hanau Avenue, Palm Bay. Schulte dealt solely with Johnson in this transaction, but he knew that Johnson used Respondent to pull required permits associated with his home sales. Schulte had done work for Johnson and knew that Respondent called for the required instructions and obtained all permits. In fact, Respondent did obtain permit number 18601 for this project. Respondent routinely obtained required permits from the city of Palm Bay on behalf of J. F. Johnson Company, Inc., that were necessary for the placement of manufactured homes o lots which Johnson was selling to purchasers. At all times material hereto, J. F. Johnson was not licensed with the Construction Industry Licensing Board and Respondent did not qualify J. F. Johnson, Inc. with the Board. Respondent's activities on the site, if any, were minimal. The buyers and electrical contractors testified they never met or saw Respondent on any site and their understanding was that Johnson was in charge of all site preparation for the manufactured homes. On October 26, 1983, Respondent on behalf of Certified Construction Services, Inc., obtained building permit number 20577 for construction at 2333 S.W. Granata Avenue, Palm Bay. Roger A. Bisset had contracted for the construction of a site built residence at this address with Tommy Holland who was operating as a developer under the company name of Full Value Homes of Florida, Inc. Bisset made payment to Full Value Homes for the home and land. He did not meet Respondent during this transaction, or have any knowledge of Respondent's role in obtaining required permits for the construction of his home. Respondent routinely obtained required permits from the City of Palm Bay on behalf of Certified Construction Services, Inc. in association with the construction and sale of site built homes by Tommy Holland. Specifically he obtained building permit number 20800 on November 22, 1983, and permit number 20973 on December 8, 1983. From January through April 1983, Respondent also routinely obtained required permits from the City of Palm Bay on behalf of Full Value Homes of Florida, Inc. in association with their construction and sale of site built homes, Specifically he obtained building permits numbered 17901, 18441, 18443, 18694, 18696, 18872, 18874 and 19155 during this time. These permits were issued to Respondent individually upon application showing Tommy Holland as owner of the properties. At all times material hereto, Tommy Holland was licensed with the Construction Industry Licensing Board, but Respondent had not qualified either Full Value Homes of Florida, Inc., or certified Construction Services Inc., with the Board. He did submit an application to qualify Certified Construction Services, Inc., on or about September 13, 1983, but that application has not been approved by the Board. At no time hereto was Respondent an officer, director, or employee of J. F. Johnson Company, Inc., or Full Value Homes of Florida, Inc., and at no time was Tommy Holland an officer, director, or employee of Certified Construction Services. The evidence produced at the hearing does not support the allegation that Respondent failed to maintain required insurance coverage. Rather, it appears that he has been continuously insured since September 1980. According to local ordinance in the City of Palm Bay, a licensed general contractor who also holds a local certificate of registration must apply for building permits and call for necessary inspections on construction within the City, with the exception of construction by an owner or his property. Respondent holds a local certificate of registration in addition to his state license but Tommy Holland does not, Regarding manufactured housing, a permit is not required for the actual home construction, but it is required for construction associated with site preparation such as clearing, laying a foundation, driveway, septic tank and drain field installation, electrical and plumbing connections. The contractor who obtain a permit for a manufactured home is held responsible for site construction but not for the construction of the manufactured home itself. In an effort to comply with local ordinance requirements, Respondent met with city building officials on several occasions regarding his work for Full Value Homes and Tommy Holland, and was advised that he could pull permits either in his own name or in the name of Certified Construction Services, Inc., since at the time he had a substantially complete application pending with the Board to qualify Certified Construction Services, Inc. When his application was not approved, he pulled permits in his own name and indicated to the city that he was the property owner and builder, and Full Value Homes was simply marketing these site built homes. In fact, Full Value Homes and Tommy Holland were developing property they owned, and had contracted with Respondent for construction of these homes. On August 25, 1982, the Construction Industry Licensing Board issued a Final Order officially reprimanding Respondent based upon the findings of fact and conclusions of law contained in a Recommended Order issued June 29, 1982, in Case Number 81-2375. In that case Respondent was found to have unintentionally failed to qualify a business, unintentionally aided an unregistered persons to evade Chapter 489, Florida Statutes, and unintentionally failed to comply with Chapter 489, Florida Statutes, in a material respect.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is recommended that a Final Order be issued suspending Respondent's license for a period of six (6) months and imposing an administrative fine of $2,000. DONE AND ENTERED this 26th day of September, 1985, at Tallahassee, Florida. DONALD D. CONN, 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 26th day of September, 1985. COPIES FURNISHED: James Linnan, Executive Director Construction Board Licensing Industry post Office Box 2 Jacksonville, Florida 32202 Nancy M. Snurkowski, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Albert S. Lagano, Esq. 2115 Palm Bay Road, N.E. Palm Bay, Florida 32905 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esq. Department of Business Regulation 130 North Monroe Street Tallahassee, Florida 32301 ================================================================ =
The Issue Whether Respondent violated section 489.13(1), Florida Statutes (2016)1/, by offering, contracting, or performing regulated construction services, for compensation, as charged in the Administrative Complaint; and, if so, what penalty should be imposed.
Findings Of Fact Petitioner is the state agency charged with the licensing and regulation of the construction industry, pursuant to section 20.165 and chapters 455 and 489, Florida Statutes. On September 29, 2016, by letter, the Broward County Environment Protection and Growth Management Department forwarded a complaint to DBPR indicating the subject matter "appears to fall within your area of jurisdiction." The complaint alleged that Ryan D. Kirkland, d/b/a The Shining Light Construction, Inc., represented himself as a licensed contractor, provided a quote, and cashed the check from the victim, Rayon Richards ("Richards"). DBPR assigned Sonya Roa-Zaiter ("Roa-Zaiter"), investigator, to investigate the complaint. During the investigation, Roa-Zaiter interviewed individuals and reviewed several documents to determine Respondent's licensure status and relationship with Richards. Roa-Zaiter discovered that on July 20, 2016, Respondent presented Richards with a written proposal ("proposal") to perform construction work at Richard's rental property, located at 3234 Northwest 31st Terrace, Oakland Park, Florida 33309. In the proposal, Respondent offered to perform regulated services for compensation in the amount of $1,500.00. Specifically, Respondent offered to replace a kitchen faucet, remove a dishwasher, install a new water line and replace exhaust fans. Respondent's proposal listed the company as "State License Insured," but contained the license number CGC 1518408, which is a certified general contractor license number that belongs to Bernard Forges. Bernard Forges did not give Respondent permission to use his license number. Respondent is not licensed and has never been certified or registered as a construction contractor in the State of Florida. Additionally, at all times material to the allegations in this matter, The Shining Light Construction, Inc., has not been an entity properly qualified or licensed in the practice of construction in the State of Florida. Roa-Zaiter also discovered during the investigation that on or about July 22, 2016, Respondent accepted $750.00 as partial payment to perform the services listed in the proposal and cashed the check for the services without performing any of the work. After DBPR completed the investigation, it was determined that Respondent offered to perform a regulated service for compensation without a license contrary to Florida law. On November 1, 2016, DBPR issued Respondent a Notice to Cease and Desist, which notified Respondent that he "may be practicing as a CONTRACTOR (in any trade) without the professional license or certification required by Florida law." On April 25, 2017, DBPR issued an Administrative Complaint charging Respondent with violation of section 489.13(1) for offering to perform regulated construction contracting services for compensation without holding an active and valid certification or registration. Respondent contested the Administrative Complaint and requested a hearing. Roa-Zaiter spent 18 hours and four minutes investigating Respondent's case. DBPR incurred $624.78 for the investigation relating to Respondent's actions in this case, excluding costs relating to any attorney's time.
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 Respondent, Ryan D. Kirkland, a/k/a Ryan Dee Lon Kirkland, guilty of violating section 489.13(1), Florida Statutes; imposing an administrative fine of $3,000.00; and assessing costs in the amount of $624.78. DONE AND ENTERED this 19th day of January, 2018, in Tallahassee, Leon County, Florida. S JUNE C. MCKINNEY 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 19th day of January, 2018.
