The Issue Whether disciplinary action should be taken against Respondent for alleged violations of Sections 489.127(1) and 489.531(1), Florida Statutes.
Findings Of Fact Respondent, is the sole owner of Expeditior’s Home Improvement Agency. Expeditor’s represents various contractors in the area and markets various home improvement products and services to a homeowner. Respondent is not licensed and has never been licensed to engage in construction or electrical contracting in the State of Florida. Nor did Petitioner’s business possess a certificate of authority to practice as a qualified business in contracting. In the past the company was paid by the homeowner for a construction project and would subsequently hire licensed contractors to do the work. However, that type of arrangement constituted contracting for which Respondent was not licensed. After a complaint for unlicensed contracting by Petitioner in November 2003, Respondent changed his manner of doing business in order to comply with the licensure statutes. Currently, Respondent solicits business for a contractor for which the contractor pays Respondent. The contractor is paid by the homeowner for the work the contractor performs. At about the same time, Respondent revised his forms and business cards to reflect the contractor who will be doing the work, and a disclosure statement stating that Expeditor’s is not a licensed contractor and is acting as a sales agent for the contractor listed in the contract. References to contracting activities were removed from the face of the contract. In December, 2003, Respondent through Expeditor’s employed Saleem Ahmad as an independent contractor/salesman for the company. Respondent had known Mr. Ahmad through a company, similar to Expeditor’s, that they had both been employed by. As a sales representative of Expeditor’s, Mr. Ahmad was given Expeditor’s form proposals/contracts and business cards. At the top of the contract forms were the words “Vinyl Siding, Security Replacements Windows, Sunrooms . . . New Home Construction.” At the bottom of the forms were the words, “Networking Qualified Licensed & Insured Contractors.” Similarly, Mr. Ahmad possessed a business card indicating Expeditor’s engaged in work that included vinyl siding, sunrooms, windows, roofing, fencing, and new home building. Mr. Simmons also had a similar business card. The forms and cards possessed by Mr. Ahmad were the forms that Expeditor’s current forms replaced. The evidence was not clear whether Mr. Ahmad had been given the new forms. Around February 9, 2004, Mr. Ahmad, acting as an apparent agent of Expeditor’s contracted with Mr. Clarence Gavin to, inter alia, replace two windows, install a kitchen counter top and cabinets, four ceiling fans, and remount a water heater. The contract price for the work was $19,875. Such work required a licensed contractor. The contract was written on an Expeditor’s proposal form and listed Calvin Hall as the Architect. The evidence was not clear whether Mr. Hall was an architect. However, the evidence did demonstrate that Mr. Hall was a licensed contractor and was the contractor against who Mr. Gavin was filing the complaint. Mr. Simmons never saw the contract Mr. Ahmad had written for the Gavin job. Likewise, he never saw any money Mr. Gavin may have paid for the job. Indeed, Mr. Simmons was unaware of the Gavin contract or job until the investigation in this matter. Apparently, Mr. Ahmad was defrauding Mr. Simmons and misusing old Expeditor’s business forms. However, the evidence was clear that Respondent did not intentionally engage in unlicensed contracting. Therefore, the Administrative Complaint should be dismissed.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is recommended a Final Order be entered finding Respondent not guilty of violating Sections 489.127 (1) (f) and 489.531 (1), Florida Statutes (2004), and dismissing the Administrative Complaint. DONE AND ENTERED this 3rd day of May, 2006, in Tallahassee, Leon County, Florida. S DIANE CLEAVINGER 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 3rd day of May, 2006. COPIES FURNISHED: Brian A. Higgins, Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 C. Erica White, Esquire 327 Office Plaza Drive, Suite 211 Tallahassee, Florida 32301 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 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue in this case is whether the bachelor's degree curriculum by which the Petitioner, James E. Dalrymple, earned his degree "includes a major study concentration area readily identifiable and applicable to fire-related subjects," as set out in Section 633.382(2)(a)2., Fla. Stat. (1991), so as to entitle him to the firefighter supplemental compensation for which he has applied.
Findings Of Fact The Petitioner has a bachelor's degree in Communication Arts awarded by Judson College in Illinois on or about June 11, 1978. Judson College is accredited. The Petitioner's official sealed transcript from Judson College reveals that the Petitioner took no "fire-related" courses to get his degree. He did take courses in language arts and communication arts, such as: "English Language: Uses and Resources"; "Oral Interpretation and Mass Media"; "Language and Society"; "Man and Women"; "Analysis of Literature"; and "Mass Media in Contemporary America." Courses such as these are certainly compatible with and useful for work in the field of firefighting. But they, along with his other general study courses, do not reflect a "major study concentration area readily identifiable and applicable to fire-related subjects."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Florida Insurance Commissioner, in his capacity as State Fire Marshal, and agency head of the Department of Insurance and Treasurer, Division of State Fire Marshal, enter a final order denying the application of the Petitioner, James E. Dalrymple, for firefighters supplemental compensation. RECOMMENDED this 22nd day of June, 1992, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 22nd day of June, 1992. APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-2150 To comply with the requirements of Section 120.59(2), Fla. Stat. (1991), the following rulings are made on the Department of Insurance and Treasurer's proposed findings of fact: 1.-5. Accepted but subordinate and unnecessary. 6.-7. Accepted and incorporated. 8. Accepted but conclusion of law. 9.-12. Accepted but unnecessary. COPIES FURNISHED: James E. Dalrymple 2816 Weston Terrace Palm Harbor, Florida 34685 Elizabeth J. Gregovits, Esquire Department of Insurance and Treasurer Office of Legal Services 412 Larson Building Tallahassee, Florida 32399-0300 Tom Gallagher State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, Florida 32399-0300 Bill O'Neil, Esquire General Counsel Department of Insurance and Treasurer The Capitol, PL-11 Tallahassee, Florida 32399-0300
Findings Of Fact On April 17, 1987, petitioner, Gary L. Waldron, filed an application for a certificate of competency with respondent, Department of Insurance and Treasurer (Department). If granted, Waldron would be authorized to take an examination for a certificate of competency as a fire protection system contractor II. After reviewing the application the Department issued a letter on May 5, 1987 advising Waldron that his application had been denied on the ground he lacked the necessary "four years proven experience in the employment of a contractor, or educational equivalent thereto, or a combination thereof." The letter of denial prompted this proceeding. The Department has regulatory jurisdiction over contractors who install fire protection systems. Before engaging in such activities, a person must obtain a certificate of competency from the Department. For regulatory purposes, and depending on the nature of the work, there are four classes of contractors, those being Contractors I, II, III and IV. In this case, Waldron desires certification as a Contractor II. This would authorize him to "lay out, fabricate, install, inspect, alter, repair and service" certain types of fire protection systems, except those that are preengineered. To be eligible for licensure, Waldron must possess "four years proven experience in the employment of a contractor or educational equivalent thereto or a combination thereof." By rule, the agency has provided that such experience may be gained only with a contractor certified as a Contractor I, II, III or IV. This is consistent with its interpretation of the statute as explicated by the chief of the bureau of explosives and fire equipment. Waldron owns a contracting firm, Waldron's, Incorporated, in Fort Lauderdale, and is licensed as a mechanical contractor. Over the last ten years or so, he has installed a number of non-preengineered fire protection systems for various major oil companies at Port Everglades (in Broward County). The Port is one of the largest petroleum storage areas in the Southeast. It is undisputed that the systems installed by Waldron are the types that would ordinarily be installed by a Contractor II. Such systems met the fire safety standards at Port Everglades, which equalled or exceeded relevant state standards adopted by the Department. This was confirmed by the chief of fire and security at Port Everglades and corroborated by petitioner's composite exhibit 1, which documents a variety of jobs completed by Waldron in recent years. In early 1987 Waldron learned that a certificate of competency was required to do the work he had previously been performing. This resulted in Waldron filing his application. Although the application and other evidence of record establish that Waldron has had many years of experience in installing the type of system typically installed by a Contractor II, none was obtained "in the employment of a (licensed) contractor." Further, he does not possess the alternative educational equivalent prescribed by Department rules. Therefore, he is not eligible at this time to take examination for licensure as a Contractor II.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that petitioner's application to take the examination for licensure as a Contractor II be DENIED. DONE AND ORDERED this 13th day of October, 1987, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 October, 1987.
The Issue The issue presented for decision in this case is whether Respondent violated Section 509.032, Florida Statutes, as set forth in the Administrative Complaint dated August 15, 2000.
Findings Of Fact Based on the oral and documentary evidence adduced at the final hearing, and the entire record in this proceeding, the following findings of fact are made. At all times relevant to this proceeding, Petitioner is the state agency charged with licensing, regulating, and inspecting public lodging establishments to protect public safety. To accomplish this purpose, Petitioner employs persons trained to inspect public lodging establishments to ensure compliance with health and safety regulations. Such inspectors visit and inspect these premises making routine inspections or, in response to complaints, to gather facts and make reports documenting their findings. At all times relevant to this proceeding, Petitioner employed Susan Cecilione ("Cecilione") as an Inspector assigned to its Division of Hotels and Restaurants. At all times relevant to this proceeding, Respondent, Hidden Cove Apartments, was a licensed public lodging establishment within the meaning of Subsection 509.013(4)(a), Florida Statutes, operating under license control number 15-04455H 000, and located at 1951 Southeast Convair Street, Palm Bay, Florida, 32909. During a routine inspection on or about July 14, 2000, Cecilione visited Hidden Cove Apartments. Cecilione's inspection revealed various violations. Specifically, Cecilione observed: The 2A10BC fire extinguisher at building 1961 was discharged; In apartment 101, building 1961, the electricity flickered on and off in the dining room area; Fire ant hills were observed along the walkways around buildings 1951 and 1961; The shower in apartment 103, building 1951, leaked behind the wall into the closet; The cement driveway was caving in and broken apart; There were no back flow prevention devices on hose bibbs at buildings 1951 and 1961; The laundry room had a heavy accumulation of lint and dirt on floor beside, behind, and beneath the dryer; (i) The front windows in many apartments had been either bolted closed or sealed so they could not be opened without the window falling out; There were broken screens on the sliding glass doors at apartments 103 and 104, building 1951; In apartment 102, building 1951 and apartment 101, building 1961, the front door sweeps and seals (gaskets) around the doors were loose fitting, leaving large gaps. Respondent was informed that all violations must be corrected by July 27, 2000. On or about July 28, 2000, Cecilione made a callback/reinspection visit for the purpose of determining whether Respondent had corrected the violations noted on the previous visit. One of the violations previously noted had been corrected. The laundry room had been cleaned. Each of the uncorrected violations listed in paragraph 5 hereinabove constitutes a separate and distinct potential hazard to the health and/or safety of individuals on the premises.
Recommendation Upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Hotels and Restaurants, enter a final order finding Respondent guilty of violating the above-specified provisions of the Florida Statutes and Florida Administrative Code; that Respondent be required to pay a fine in the amount of $2,400; and that Respondent's license be suspended until the fine is paid. DONE AND ENTERED this 11th day of September, 2001, in Tallahassee, Leon County, Florida. ___________________________________ JEFF B. CLARK 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 16th day of September, 2001. COPIES FURNISHED: Susan R. McKinley, Director Division of Hotels and Restaurants Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 David Moallem Hidden Cove apartments 2115 Palm Bay Road, Northeast No. 3 Palm Bay, Florida 32909
The Issue Whether Petitioner is entitled to licensure as a certified electrical contractor pursuant to the "grandfathering" provisions of Section 489.514, Florida Statutes.
Findings Of Fact The evidence presented at final hearing established the facts that follow. Armstrong is a specialty electrician who operates a business named Sound Planning Distributors, Inc. in Fort Lauderdale, Florida. Armstrong holds a local license (called a Certificate of Competency) from the Broward County Central Examining Board of Contractors that authorizes him to engage in specialty electrical contracting in Broward County. Armstrong's local license was issued on November 14, 1989. To obtain it, Armstrong had been required to pass a written examination prepared, proctored, and graded by Block and Associates, a prerequisite which he had accomplished on October 28, 1989. Armstrong's local license is active and in good standing; he has not been the subject of any complaints filed with, or discipline imposed by, the local licensing authority. In 1996, Armstrong learned that he needed to become state-registered as a specialty contractor pursuant to Section 489.513, Florida Statutes. He applied to the Department, which in due course issued him a license as a registered specialty contractor, originally effective December 9, 1996. Armstrong has renewed his state registration from time to time as required by law. His state registration is currently active and valid through August 31, 2001. On December 11, 2000, Armstrong applied for certification as a specialty contractor pursuant to the "grandfathering" provisions of Section 489.514, Florida Statutes. (Registration and certification are distinct forms of licensure under Part II of Chapter 489, Florida Statutes, which deals with the regulation of electrical and alarm system contractors.) On February 6, 2001, the Board denied Armstrong's application for certification solely because he lacked five years of experience as a registered contractor, which is a condition of licensure pursuant to Section 489.514(2)(c), Florida Statutes, and Rule 61G6-5.0035, Florida Administrative Code.1
Findings Of Fact Respondent, Hugenna D. Outar, operates a twelve-bed adult congregate living facility (ACLF) under the name of Moorehead House Retirement Center at 1405 Northeast Eighth Street, Homestead, Florida. The facility is licensed by petitioner, Department of Health and Rehabilitative Services (HRS), and as such, is subject to that agency's regulatory jurisdiction. Outar serves as administrator of the facility. On or about August 15, 1987, Paul Grassi, an HRS fire inspector, conducted a routine annual inspection of respondent's facility. The purpose of the inspection was to determine if the facility was in compliance with the fire safety requirements of Chapter 10A-5, Florida Administrative Code (1987). The inspec- tion was made in the presence of Outar's mother since Outar was not at the facility that day. Grassi requested documentation showing that all facility fire alarms and smoke detectors had been checked by facility personnel on a quarterly basis. Also, he requested documentation to evidence that all employees had been given monthly training in procedures to be followed in the event of a fire. The former set of records is required by Department of Insurance Rule 4A-40.017, which has been adopted by reference by HRS. The latter requirement is imposed by Rule 10A-5.023(15)(b) and pertains to ACLF's having thirteen or more licensed beds. Because Outar's mother did not know where such documentation was kept, she was unable to comply with Grassi's request. Next, Grassi observed that Room D had a "pocket type" door with no hinges. According to Grassi, a state fire marshal regulation prohibits the use of this type of door in a resident's room and requires instead that a resident's room located by an exit have a door mounted on a hinge that swings outwardly to the corridor. The Classification of Deficiencies refers to the regulation imposing this requirement as "L.S.C. 85, 17-3.6.2" but the regulation itself is not of record or officially noticed. Finally, Grassi observed two residents' rooms with no door closures. According to Grassi, such closures are required on all residents' rooms, pursuant to a state fire marshal regulation, for the purpose of containing and confining a fire in the event of a fire in a room. The regulation was not identified at hearing nor made a part of the record but is referred to in the Classification of Deficiencies as "N.F.P.A. 101-85, 17.3.6.3." After noting these violations, Grassi explained them to the mother and gave her a brief explanation as to how they might be corrected. Each of the three deficiencies were categorized as Class III deficiencies. By letter dated September 24, 1987, HRS advised Outar in writing of the nature of the violations. Although the letter was not prepared until September 24, it instructed Outar to correct the deficiencies by September 14, 1987, or ten days earlier. Attached to the letter was a copy of the Classification of Deficiencies which identified the deficiencies, their class and the date by which they had to be corrected. On October 29, 1987 Grassi made a follow-up survey of respondent's facility. Since Outar was not at the facility that day, the survey was conducted in the presence of Outar's mother. Grassi found none of the deficiencies had been corrected. Accordingly, Outar was sent a letter by HRS on November 6, 1987 advising her that a second follow-up visit would be made. On December 14, 1987 Grassi returned for a third visit. This time Outar was present. Again, Grassi found none of the deficiencies corrected to his satisfaction. However, he conceded that the documentation pertaining to monthly fire drills and quarterly checks of fire alarms and smoke detectors was available for inspection but maintained it was unsatisfactory because all reports were identical and did not vary from month to month. He reasoned that this was contrary to the "intent" of the rule. During the inspection, Outar requested specific advice as to how to comply with the door regulations for which she had been cited. After receiving advice, these changes were made, and her doors now meet all fire safety requirements. Outar operates a small facility with only twelve beds. She pointed out that she had difficulty in installing closures on the two doors in question since two residents used walkers and had placed door "jams" on the doors to give them easy access through the doorway. As to the other door violation, the building was purchased with an archway leading into Room D which made it difficult to install a door mounted on hinges. Outar attempted to comply with Grassi's instructions but her carpenter was unable to make the necessary changes until Outar received specific advice from Grassi on December 14. Finally, Outar stated that the fire drill documentation was available for inspection on August 15 and October 29 but her mother did not know where it was. Outar did not learn it was filled out improperly until she personally spoke with Grassi on his third visit. She now has satisfactory records.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the administrative complaint filed against respondent be dismissed with prejudice. DONE AND ORDERED this 30th day of September, 1988, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 30th day of September, 1988.
