CLB Backup 03/21/2012 CONTRACTORS
LICENSING BOARD
Backup Does
March 21 , 2012
eie}L 61.,f9
BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD In`t1
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, CONTRACTORS'
LICENSING BOARD
Petitioner
Case Number: 2012-03
v.
License Number:
LINDA CURIALE CGC1508927/27333
D/B/A Global Maintenance &Restoration, Inc.
Respondent
STIPULATED SETTLEMENT AGREEMENT AND AGREED ORDER
LINDA CURIALE and BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, CONTRACTORS' LICENSING BOARD (hereafter BOARD) hereby
stipulate and agree:
1. Respondent admits the allegations in Administrative Complaint for the purposes of
this stipulation and settlement of this matter.
2. Respondent and the BOARD hereby agree that she will be subject to probation for a
period of twelve (12)months whereby the Respondent will perform her contracting activities
under the supervision of the Board.
3. Respondent and the BOARD further agree that Respondent will personally apply for
all permits and be present, either in person or telephonically for any reviews or questions as to
the contracting operations of the company which she qualifies during the probationary period.
This includes permits issued by the Cities of Marco Island or Naples and for fire code reviews.
C 2,L`ry
31 tiNt
4. In the event the Respondent violates paragraph 3 of this stipulation agreement while
on probation, her license/certificate will be immediately suspended for any new permits and a
hearing on the suspension and violation shall be held at the next scheduled Board hearing.
5. This stipulation and order shall be forwarded to the State Construction Industry
Licensing Board with a recommendation of no further action.
Executed this day of March, 2012.
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( Line a uriale •ssorio
Respondent Contractors' Licensing Supervisor
ORDER ADOPTING STIPULATED SETTLEMENT AGREEMENT
THE BOARD BEING FULLY ADVISED on the Stipulated Settlement Agreement, it is
hereby:
ADJUDGED that the foregoing Stipulated Settlement Agreement is adopted in its
entirety, and the parties are ordered to comply therewith.
DONE AND ORDERED at the re larly set Contr tors' Lcensing Board hearing at
Naples, Collier County, Florida on this : day of e a , 2012.
Lee Horn
Chairman
Contractors' Licensing Board
gel-j64
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
White,Patrick Collier County Contractor's Licensing Board
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
4732 West Blvd WHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑CITY GI COUNTY DOTHER LOCAL AGENCY
Naples,Florida 34103 Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
March 21,2012 ❑ ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
•
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
• For purposes of this law, a"relative"includes only the officer's father, mother, son, daughter, husband,wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
k 4 t # # # t # # 4 t # 4 4 4 4
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
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APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Patrick White ,hereby disclose that on March 21 20 12 •
(a)A measure came or will come before my agency which(check one)
0 inured to my special private gain or loss;
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative, •
Xinured to the special gain or loss of a client of mine by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Linda Curiale d/b/a Global Maintenance & Restoration, Inc. ("Respondent") came before the
Board for public hearing. The Respondent made a request for a continuance by written Motion
submitted prior to the public hearing. The Respondent is the general contractor on a project
owned by a client of mine for whom I am retained. Any possible discipline to the Respondent
could result in a special gain or loss to my client. Therefore, prior to any participation in the
discussion regarding the continuance and/or the public hearing I thought it appropriate to make
this disclosure.
•
1
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Date Fife Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.1/2000 PAGE 2
eevuts___
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Jerute Terrance P Collier County Contractors Licensing Board
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
119 Tarry Pines Point WHICH I SERVE IS A UNIT OF:
CITY COUNTY °CITY COUNTY EITHER LOCAL AGENCY
Naples 34113 Collier NAME OF POLMCAL SUBDIVISION:
Cattior Coady
EMI E ON WHICH VOTE OCCURRED
MY POSITION IS
February 16,2012 in ELECTIVE ED APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council,
commission, authority,or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in white,you have a conflict of interest will vary greatly depending
on weether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained(Including the
parent organization or subsidiary of a corporate principal by which he or she Is retained);to the special private gain or loss of a relative,or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163,357, F.S.,and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a 'relative"includes only the officer's father, mother, son,daughter, husband,wife, brother,sister,father-in-law,
mother-in-law,son-in-law, and daughter-in-law.A'business associate"means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer,coowner of property,or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange):
• • •
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible For recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency,
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes,A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, Terrance P.Jerulle February 16
hereby disclose that on 20 12 :
(a)A measure came or will come before my agency which(check one)
11511 inured to my special private gain or loss
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained,or
inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me,
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
The measure which came before the Board involved possible discipline and revocation of a
contractor's license. The subject contractor had In the past provided services to my company as
a sub contractor. While there are no current pending jobs which the contractor is providing
services to my company, given the past relationship I thought it was prudent to abstain from
voting on the matter.
"3/2 1/.20/
1.9f
Date Filed Sig nature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112,317,A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 88-EFF.1/2000 PAGE 2
ditAIL
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BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD r N'
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, CONTRACTORS'
LICENSING BOARD
Petitioner
v. Case Number: 2012-03
LINDA CURIALE License Number:
CGC1508927/27333
D/B/A Global Maintenance & Restoration, Inc.
Respondent
REQUEST FOR CONTINUANCE
COMES NOW, the Respondent, LINDA CURIALE, and requests that the Board grant a
continuance of the hearing on the above captioned case scheduled for March 21, 2012 and as
grounds, therefore states as follows:
1. Undersigned counsel was retained to represent the Respondent on March 12, 2012.
2. The case as put forth by the Petitioner is complex and fact intensive in nature and will
require significant time to permit the Respondent to prepare a defense.
3. Quasi-judicial hearings such as those held by this Board are to be held in such a manner
that "(5) Formal rules of evidence shall not apply, but fundamental fairness and due process shall
be observed and shall govern the proceedings." Collier County Contractors'Licensing
Ordinance 90-105, as amended, §22-202(g)(5).
4. In determining the right to due process in administrative proceedings in Florida , "no
single unchanging test which may be applied to determine whether the requirements of
procedural due process have been met. Courts instead consider the facts of the particular case to
\i. k)A`Nj
determine whether ther e the parties have been accorded that which the state and federal constitutions
demand. Hadley, 411 So.2d at 187; see also, Cleveland Bd. of Educ. v. Loudermill, 470 U.S.
532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985) (citing Boddie v. Connecticut, 401 U.S. 371, 91
S.Ct. 780, 28 L.Ed.2d 113 (1971) ("[t]he formality and procedural requisites for the hearing can
vary, depending upon the importance of the interests involved and the nature of the subsequent
proceedings."
5. Fundamental fairness and due process in quasi-judicial hearings effecting one's
employment requires that a party be able to properly prepare its case so that it can truly exercise
its constitutionally protected due process rights. This right was recognized in employment cases
by the US Supreme Court in Greene v. McElroy, 360 U.S. 474, 79 S.Ct. 1400, 3 L.Ed.2d 1377
(1959) and followed by Florida courts in numerous decisions.
6. Due process requires at minimum the accused be informed with reasonable certainty of
the nature and cause of the accusation against him, has reasonable opportunity to defend against
attempted proof of such charges, including the ability to confront and cross examine witnesses,
and the proceedings are conducted in a fair and impartial manner, free from any just suspicion of
prejudice, unfairness, fraud, or oppression. One week's formal notice of the charges in a case
such as this does not afford the accused any reasonable chance to prepare to defend against
charges that may cause her to lose her right to practice her trade/professions.
7. This Request for Continuance is brought out of necessity and not brought for the
purposes of delay and no prejudice can result to either party by a reasonable continuance.
WHEREFORE, the Respondent, Linda Curiale, requests that this Board continue the
hearing on this case scheduled for March 21, 2012.
Submitted this day of March, 2012.
lej/0'(/
_/s/Patrick H. Neale
Patrick H. Neale
Florida Bar Number: 258253
Patrick Neale &Associates
Physical Address
5470 Bryson Court
Naples, Florida 34109
Mailing Address
P.O. Box 9440
Naples, Florida 34101
Phone: (239) 642-1485
Fax: (239) 642-1487
Email: pneale(a patrickneale.com
CERTIFICATE OF SERVICE
I certify that a copy of this Request for Continuance has been furnished by US mail and
email to Michael Ossorio, Contractor Licensing Supervisor, Stephen Williams, Assistant County
Attorney and James F. Morey, Esq., Bond Schoeneck and King, Attorney for the Board.
Dated: March 15 , 2012.
/s/Patrick H. Neale
Patrick H. Neale
Florida Bar Number: 258253
Patrick Neale & Associates
Physical Address
5470 Bryson Court
Naples, Florida 34109
Mailing Address
P.O. Box 9440
Naples, Florida 34101
Phone: (239) 642-1485
Fax: (239) 642-1487
Email: pneale(d patrickneale.com