5D00-3257 Shapiro v. Dept. Business

State: Florida

Court: Florida Fifth District Court

Docket No: 5D00-3257

Case Date: 06/18/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2001

STANLEY and FAY SHAPIRO, Appellants, v. Case No. 5D00-3257 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, etc., Appellee. / Opinion filed June 22, 2001 Administrative Appeal from the Department of Business and Professional Regulation. Patrick F. Roche of Frese, Nash & Hansen, P.A., Melbourne, for Appellants. Theodore R. Gay, Miami, for Appellee Department of Business and Professional Regulation. COBB, J. Stanley and Fay Shapiro [the Shapiros] appeal the final order of the Construction Industries Licensing Board [the Board] denying their application for reimbursement from the Construction Industries Recovery Fund [the Fund], which is established in section 489.140, Florida Statutes (2000). On appeal, the Shapiros argue that the Board's

determination that they are ineligible to receive reimbursement is error because the Board's narrow interpretation of section 489.141(2)(c): (1) defeats the legislative intent for establishing the Fund; (2) ignores the plain meaning of the words "was acting" as provided

therein; and (3) ignores other provisions of section 489.141 which strongly indicate that the "ownership" term referenced in the Fund is the date on which the violations occur; not the date the construction contract is executed. Section 489.141 provides in pertinent part: A person is not qualified to make a claim for recovery from the Construction Industries Recovery Fund, if: (c) Such person's claim is based upon a construction contract in which the licensee was acting with respect to the property owned or controlled by the licensee. (Emphasis added).

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