09-001017 Department Of Business And Professional Regulation vs. Abraham Cowrie And Sunshine Homes Status: Closed Recommended Order on Wednesday, October 28, 2009.

Summary: The person who performed unlicensed construction should pay $5,000.00 fine.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS AND )

PROFESSIONAL REGULATION, )

)

Petitioner, )

)

vs. ) Case No. 09-1017

)

ABRAHAM COWRIE AND SUNSHINE HOMES, )

)

)

Respondents. )

)

RECOMMENDED ORDER

Administrative Law Judge (ALJ) Daniel Manry conducted the

formal hearing of this case for the Division of Administrative

Hearings (DOAH) telephonically on April 27 and September 28,

2009.

APPEARANCES

For Petitioner: Sorin Ardelean, Esquire

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399-2202

For Respondents: Abraham Cowrie, pro se

4660 10th Avenue North,

Lake Worth, Florida 33463

STATEMENT OF THE ISSUES

The issues in this case are whether the respondents

practiced contracting without a license in violation of

Florida Statutes (2004), 1 and, if so, what penalty, if any,

should be imposed pursuant to Chapters 455 and 489, as alleged

in the Administrative Complaint.

PRELIMINARY STATEMENT

On January 14, 2008, Petitioner filed an Administrative

Complaint against the respondents. The respondents requested an

administrative hearing. Petitioner referred the request to DOAH

to conduct the hearing.

At the hearing, Petitioner presented the testimony of two

witnesses and submitted 14 exhibits for admission into evidence.

Abraham Cowrie did not testify. The respondents did not call

any witnesses and did not submit any exhibits.

The identity of the witnesses and exhibits and the rulings

regarding each are reported in the two-volume Transcript of the

hearing filed on May 18 and October 12, 2009. Petitioner timely

filed its Proposed Recommended Order (PRO) on October 22, 2009.

The respondents did not file a PRO.

FINDINGS OF FACT

1. Petitioner is the state agency authorized to regulate

the construction industry in Florida pursuant to Chapter 489.

Abraham Cowrie is the sole shareholder and president of Sunshine

Homes & Apartments, Inc. (Sunshine Homes). Neither Mr. Cowrie

nor Sunshine Homes has ever been licensed as a contractor in

Florida.

2. From December 23, 2004, through November 30, 2006,

Mr. Cowrie and Sunshine Homes practiced contracting, within the

meaning of Subsections 489.105(3) and (6), 489.113(2), and

489.127(1)(f), by contracting with Boboy Ramnanan to build a

home at Mr. Ramnanan's property in Palm Bay, Florida; completing

part of the work; and accepting $227,020.00 in payment.

Mr. Cowrie and Sunshine Homes did not complete the job and did

not refund any of the construction costs. The homeowner

incurred additional costs to contract with a licensed contractor

to complete the job.

3. On or about December 23, 2004, Mr. Cowrie and Sunshine

Homes contracted with Mr. Ramnanan to build a home at the

homeowner's property in Palm Bay, Florida. A certified general

contractor, identified in the record as Sharma Baboolal and the

qualifier of Terra Mar Construction, Inc. (Terra Mar), obtained

the necessary permits for the construction.

4. Mr. Baboolal and the homeowner never met in person.

The homeowner never executed a contract with Mr. Baboolal or

Terr Mar.

5. The homeowner paid Mr. Cowrie and Sunshine Homes

approximately $227,020.00 through wire transfers and checks from

January 25, 2005, through November 30, 2006. Neither Mr. Cowrie

nor Sunshine Homes was employed by Mr. Baboolal or Terra Mar.

6. Mr. Cowrie and Sunshine Homes did not finish the

construction work. Mr. Cowrie and Sunshine Homes did not refund

any of the money received from the homeowner. The money that

the homeowner paid to Mr. Cowrie and Sunshine Homes was intended

as full payment for a completed project. The costs of

Petitioner's investigation total $55.17, excluding legal and

prosecuting costs.

CONCLUSIONS OF LAW

7. DOAH has jurisdiction over the subject matter of and

parties to this proceeding. §§ 120.569 and 120.57(1), Fla.

Stat. (2009). DOAH provided the parties with adequate notice of

the formal hearing.

8. Petitioner has the burden of proof in this proceeding.

Petitioner must show by clear and convincing evidence that each

licensee committed the acts alleged in the Administrative

Complaint and the reasonableness of the proposed penalty.

Ferris v. Turlington , 510 So. 2d 292 (Fla. 1987).

9. Petitioner satisfied its burden of proof. Petitioner

showed by clear and convincing evidence that Mr. Cowrie and

Sunshine Homes practiced contracting without a license in

violation of Subsections 489.105(3) and (6), 489.113(2), and

489.127(1)(f).

10. In Petitioner's PRO, Petitioner seeks a penalty of

$5,000.00 authorized in Subsection 455.228(1). The ALJ finds

the proposed penalty to be reasonable under the facts and

circumstances in this case. Petitioner also satisfied its

burden of proving entitlement to the recovery of investigative

costs in the amount of $55.17.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions

of Law, it is

RECOMMENDED that Petitioner enter a final order finding

Mr. Cowrie and Sunshine Homes guilty of committing the

violations alleged in the Administrative Complaint and imposing

an aggregate administrative fine of $5,000.00 against both of

the respondents.

DONE AND ENTERED this 28th day of October, 2009, in

Tallahassee, Leon County, Florida.

S

DANIEL MANRY

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 28th day of October, 2009.

ENDNOTE

1/ All statutory references are to Florida Statutes (2004)

unless otherwise stated.

COPIES FURNISHED :

Abraham Cowrie

4660 10th Avenue North

Lake Worth, Florida 33463

Sorin Ardelean, Esquire

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399

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

Reginald Dixon, General Counsel

Department of Business and

Professional Regulation

Northwood Centre

1940 North Monroe Street

Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.