CLB Backup 03/19/2014 CONTRACTORS
LICENSING
BOARD
Backup
March 19 , 2014
CONTRACTORS LICENSING BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS )
COLLIER COUNTY, FLORIDA )
Petitioner, )
Case No: 2014-05
vs. ) License No.
William B. Neuzil )
d/b/a Naples Construction Group, LLC, )
Respondent(s) )
ORDER
THIS CAUSE came on for public hearing before the Contractors' Licensing Board
(hereafter Board) on March 19, 2014, for consideration of the Administrative Complaint
filed against William B. Neuzil d/b/a Naples Construction Group, LLC, the "Respondent". '.
Service of the Complaint was made in accordance with Section 22-202 of the Code of
Laws and Ordinances of Collier County, Florida. The Board made a finding of fact that
the service conformed with the requirements of the Code of Laws and Ordinances of
Collier County, Florida. The Board having at said hearing heard testimony under oath,
received evidence, and heard arguments respective to all appropriate matters,
thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board as
follows:
Page 1 of 8
323427.1 3/20/2014
1
FINDINGS OF FACT
1. That William B. Neuzil is the holder of record of State of Florida Certified General
Contractor License Number CGC1508081.
2. That the Board of County Commissioners of Collier County, Florida, is the
complainant in this matter.
3. That the Board has jurisdiction of the person of the Respondent and that William
B. Neuzil was present at the public hearing and was not represented by counsel at the
hearing on March 19, 2014.
4. All notices required by the Code of Laws and Ordinances of Collier County,
Florida, have been properly issued, hand delivered and delivered by certified mail in
accordance with Section 22-202 of the Code of Laws and Ordinances of Collier County,
Florida.
5. The evidence presented and testimony given established that the Respondent
acted in a manner that is in violation of the Code of Laws and Ordinances of Collier
County, Florida, as follows: by willfully violating the applicable building codes or laws of
the state, city or Collier County in violation of Section 22-201.1 (2) of the Code of Laws
and Ordinances of Collier County, Florida, in the performance of his contracting
business, and is the one who committed the acts.
6. That the Contractors' Licensing Supervisor and Staff presented sworn testimony,
and the administrative complaint and exhibits thereto were admitted into evidence. The
Respondent was afforded an opportunity to present sworn testimony, exhibits, and to
Page 2 of 8
323427.1 3/2012014
cross examine the Contractors' Licensing Supervisor and witness. The Board was
afforded an opportunity to ask questions of the Respondent and witness. The Board
determined that the allegations of fact as set forth in the Administrative Complaint, as to
Count I, violation of the Code of Laws and Ordinances of Collier County, Florida,
Section 22-201.1 (2), are true and therefore such facts are hereby found to be
supported by the evidence presented at the hearing.
CONCLUSIONS OF LAW
1. The Conclusions of Law alleged and set forth in the Administrative Complaint as
to Count 1 were supported by the clear and convincing evidence presented at the
hearing on March 19, 2014, and said conclusions of law are hereby approved, adopted,
and incorporated herein, to wit, the Respondent violated Code of Laws and Ordinances
of Collier County, Florida, Section 22-201.1 (2) by willfully violating the applicable
building codes or laws of the state, city or Collier County, in the performance of his
contracting business in Collier County by acting in violation of the section set out above
with particularity.
2. Collier County has jurisdiction over this contractor.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and
pursuant to the authority granted in Chapter 489, Florida Statutes, and the Code of
Laws and Ordinances of Collier County, Florida, by a vote of 8 in favor and 0 opposed,
Page 3 of 8
323427,1 3120/2014
a unanimous vote of the Board members present, the Respondent has been found in
violation as set out above.
Further, it is hereby ORDERED, by a vote of 6 in favor and 2 opposed, a majority
vote of the Board members present, that the following disciplinary sanction(s) and
related order are hereby imposed upon the Respondent:
1. The Respondent's permit pulling privileges in the City of Naples, City of Marco
Island, and unincorporated Collier County, Florida are hereby revoked for a
period of six (6) months.
2. A recommendation shall be made to the State of Florida
Construction Industry Licensing Board that the Respondent be ordered to pay
investigative costs to Collier County or Respondent may pay said costs
voluntarily.
3. A recommendation shall be made to the State of Florida
Construction Industry Licensing Board that the Respondent be ordered to pay a
fine of$5,000.00 to Collier County.
The Respondent, any other party, the chairman of the Contractors'
Licensing Board, the Contractors' Licensing Board as a body, or the assistant
county attorney who tried the case may request a rehearing of any decision of
the Contractors' Licensing Board. A request for rehearing shall be in writing and
shall be filed with staff and a copy thereof should be delivered to all other parties
Page 4 of 8
323427.1 3/20/2014
within twenty (20) days from the date of mailing or other method of delivery to the
Respondent(s) of the Board's written decision.
A request for rehearing must be based only on the ground that the decision was
contrary to the evidence or that the hearing involved an error on a ruling of law that was
fundamental to the decision of the Board. The written request for rehearing must specify
the precise reasons therefore. The decision of the Board that is the subject of the
rehearing request will remain in effect throughout the rehearing procedure unless the
Board orders otherwise.
The Board will make a determination as to whether or not to rehear the matter
and its decision shall be made at a public meeting, which will be reduced to writing and
mailed to the interested parties within 21 days after the determination is made. If the
Contractors' Licensing Board determines it will grant a rehearing, it may:
a. Schedule a hearing where the parties will be given the opportunity of
presenting evidence or argument limited by the Board to the specific reasons for which
the rehearing was granted; or
b. Modify or reverse its prior decision, without receiving further evidence,
providing that the change is based on a finding that the prior decision of the Board
resulted from a ruling on a question of law that the Board had been informed by its
counsel was an erroneous ruling and which ruling could affect the substantive decision.
The parties are further notified that upon the timely filing of a Notice of Appeal
within thirty (30) days you may have the decision of the Board reviewed pursuant to the
Page 5 of 8
323427.1 3120/2014
procedure set out herein. The Respondent may appeal a decision of the Board to the
Collier County Circuit Court. Such an appeal shall not be a hearing de novo but shall be
limited to appellate review of the record created before the Board. Any appeal shall be
filed with the Circuit Court and served on the parties within thirty (30) days of the mailing
of the decision of the Board under the Code of Laws and Ordinances of Collier County,
Florida, Section 22-202(g)(9). If there has been a re-hearing request granted, the
appeal shall be filed with the Circuit Court and served on the parties within thirty (30)
days of the mailing of the re-hearing decision under Code of Laws and Ordinances of
Collier County, Florida, Section 22-205.
In the event that the Respondent elects to appeal, a verbatim record and
transcript of the proceedings will be necessary. It shall be the sole responsibility of said
party to ensure that a record is made from which a transcript may be prepared which
includes the testimony upon which an appeal may be taken. Neither Collier County nor
the Board has any responsibility to provide a verbatim record transcript of the
proceedings.
In accordance with Section 489.131(7) (c) and (d), Florida Statutes, the
disciplined contractor, the complainant, or the Department of Business and Professional
Regulation may challenge the Board's recommended penalty to the State Construction
Industry Licensing Board. Such challenge must be filed within sixty (60) days of the
issuance of the recommended penalty to the State Construction Industry Licensing
Board in Tallahassee, Florida. If challenged, there is a presumptive finding of probable
Page 6 of 8
323427.1 3/20/2014
cause and the case may proceed before the State Board without the need for a
probable cause hearing.
Failure of the disciplined contractor, the complainant, or the Department of
Business and Professional Regulation to challenge the Board's recommended penalty
within the time period set forth herein will constitute a waiver of the right to a hearing
before the State Construction Industry Licensing Board and be deemed as an
admission of the violation such that the penalty recommended will become a final order
according to the procedures developed by State Board rule without further State Board
action.
Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that
they may thereafter appeal the Final Order of the State Board by filing one copy of a
Notice of Appeal with the Clerk of the Department of Business and Professional
Regulation, Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399-0792,
and by filing the filing fee and one copy of the Notice of Appeal with the appropriate
District Court of Appeal within thirty (30) days of the effective date of said State Board
Order.
ORDERED by the Contractors' Licensing Board effective the 19th day of March,
2014,
Thomas Lyko ! Vice
Chairman
Contractors' Licensing Board
Page 7 of 8
'323427.1 3/20/2014
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Findings of Fact, Conclusions of Law, and Order of the Board has been furnished to the
Respondent; and Mr. Michael Ossorio, Licensing Compliance Supervisor, 2800 North
Horseshoe Drive, Naples, FL 34103, on this) d. h, 2014.
Secre re a�ry!C'o
a ntractors' Licensing Board
Page 8 of 8
323427.1 3/20/2014
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 4
Select Year: 2013 Go
The 2013 Florida Statutes
Title XXXII Chapter 489 View Entire Chapter
REGULATION OF PROFESSIONS AND OCCUPATIONS CONTRACTING
489.113 Qualifications for practice; restrictions.—
(1) Any person who desires to engage in contracting on a statewide basis shalt, as a prerequisite
thereto, establish his or her competency and qualifications to be certified pursuant to this part. To
establish competency, a person shall pass the appropriate examination approved by the board and
certified by the department. Any person who desires to engage in contracting on other than a statewide
basis shall, as a prerequisite thereto, be registered pursuant to this part, unless exempted by this part.
t(2) A person must be certified or registered in order to engage in the business of contracting in this
state. However, for purposes of complying with the provisions of this chapter, a subcontractor who is
not certified or registered may perform construction work under the supervision of a person who is
certified or registered, provided that the work is within the scope of the supervising contractor's
license, the supervising contractor is responsible for the work, and the subcontractor being supervised is
not engaged in construction work that would require a license as a contractor under any of the
categories listed in s. 489.105(3)(d)-(o). This subsection does not affect the application of any local
construction licensing ordinances. To enforce this subsection;
(a) The department shall issue a cease and desist order to prohibit any person from engaging in the
business of contracting who does not hold the required certification or registration for the work being
performed under this part. For the purpose of enforcing a cease and desist order, the department may
file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus
against any person who violates any provision of such order.
(b) A county, municipality, or local licensing board created by special act may issue a cease and
desist order to prohibit any person from engaging in the business of contracting who does not hold the
required certification or registration for the work being performed under this part.
(3) A contractor shall subcontract all electrical, mechanical, plumbing, roofing, sheet metal,
swimming pool, and air-conditioning work, unless such contractor holds a state certificate or registration
in the respective trade category, however:
(a) A general, building, or residential contractor, except as otherwise provided in this part, shall be
responsible for any construction or alteration of a structural component of a building or structure, and
any certified general contractor or certified underground utility and excavation contractor may perform
clearing and grubbing, grading, excavation, and other site work for any construction project in the
state. Any certified building contractor or certified residential contractor may perform clearing and
grubbing, grading, excavation, and other site work for any construction project in this state, limited to
the lot on which any specific building is located.
(b) A general, building, or residential contractor shall not be required to subcontract the
installation, or repair made under warranty, of wood shingles, wood shakes, or asphalt or fiberglass
shingle roofing materials on a new building of his or her own construction.
http://www.leg.state.fl.us/Statutes/index.cf'm?App__mode=Display_Statute&Search String... 3/20/2014
Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 4
(c) A genera! contractor shall not be required to subcontract structural swimming pool work. All
other swimming pool work shall be subcontracted to an appropriately licensed certified or registered
swimming pool contractor.
(d) A general contractor shall not be required to subcontract the construction of a main sanitary
sewer collection system, storm collection system, or water distribution system, not including the
continuation of utility lines from the mains to the buildings, and may perform any of the services, on
public or private property, for which a license as an underground utility and excavation contractor is
required under this part.
(e) A general contractor shalt not be required to subcontract the continuation of utility lines from
the mains in mobile home parks, and such continuations are to be considered a part of the main sewer
collection and main water distribution systems.
(f) A solar contractor shall not be required to subcontract minor, as defined by board rule,
electrical, mechanical, plumbing, or roofing work so long as that work is within the scope of the license
held by the solar contractor and where such work exclusively pertains to the installation of residential
solar energy equipment as defined by rules of the board adopted in conjunction with the Electrical
Contracting Licensing Board.
(g) No general, building, or residential contractor certified after 1973 shall act as, hold himself or
herself out to be, or advertise himself or herself to be a roofing contractor unless he or she is certified
or registered as a roofing contractor.
(4)(a) When a certificateholder desires to engage in contracting in any area of the state, as a
prerequisite therefor, he or she shall be required only to exhibit to the local building official, tax
collector, or other person in charge of the issuance of licenses and building permits in the area evidence
of holding a current certificate and to pay the fee for the occupational license and building permit
required of other persons.
(b) Notwithstanding the provisions of paragraph (a), a local construction regulation board may deny,
suspend, or revoke the authority of a certified contractor to obtain a building permit or limit such
authority to obtaining a permit or permits with specific conditions, if the local construction regulation
board has found such contractor, through the public hearing process, to be guilty of fraud or a willful
building code violation within the county or municipality that the local construction regulation board
represents or if the local construction regulation board has proof that such contractor, through the
public hearing process, has been found guilty in another county or municipality within the past 12
months, of fraud or a willful building code violation and finds, after providing notice of an opportunity
to be heard to the contractor, that such fraud or violation would have been fraud or a violation if
committed in the county or municipality that the local construction board represents. Notification of
and information concerning such permit denial shall be submitted to the department within 15 days
after the local construction regulation board decides to deny the permit.
(c) The local government may also deny issuance of, or may suspend, any outstanding building
permit where a contractor fails or refuses to provide proof of public liability and property damage
insurance coverage as required by s. 489.115(5) and workers' compensation insurance coverage as
required by s. 489.114.
(d) It is the policy of the state that the purpose of regulation is to protect the public by attaining
compliance with the policies established in law. Fines and other penalties are provided in order to
ensure compliance; however, the collection of fines and the imposition of penalties are intended to be
secondary to the primary goal of attaining compliance with state laws and local jurisdiction ordinances.
It is the intent of the Legislature that a local jurisdiction agency charged with enforcing regulatory laws
http://www.lei.state.f7.us/Statutes/index.cfrn?App mode—Display Statute&Search String... 3/20/2014
Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 4
shah issue a notice of noncompliance as its first response to a minor violation of a regulatory law in any
instance in which it is reasonable to assume that the violator was unaware of such a law or unclear as to
how to comply with it. A violation of a regulatory law is a "minor violation" if it does not result in
economic or physical harm to a person or adversely affect the public health, safety, or welfare or create
a significant threat of such harm. A "notice of noncompliance" is a notification by the local jurisdiction
agency charged with enforcing the ordinance, which is issued to the licensee that is subject to the
ordinance. A notice of noncompliance should not be accompanied with a fine or other disciplinary
penalty. It should identify the specific ordinance that is being violated, provide information on how to
comply with the ordinance, and specify a reasonable time for the violator to comply with the ordinance.
Failure of a licensee to take action correcting the violation within a set period of time would then result
in the institution of further disciplinary proceedings.
(5) The certificate is not transferable.
(6) The board shall, by rule, designate those types of specialty contractors which may be certified
under this part. The limit of the scope of work and responsibility of a specialty contractor shall be
established by the board by rule. However, a certified specialty contractor category established by
board rule exists as a voluntary statewide licensing category and does not create a mandatory licensing
requirement. Any mandatory statewide construction contracting licensure requirement may only be
established through specific statutory provision.
(7) if an eligible applicant fails any contractor's written examination, except the general and
building contractors' examination, and provides the board with acceptable proof of lack of
comprehension of written examinations, the applicant may petition the board to be administered a
uniform oral examination, subject to the following conditions:
(a) The applicant documents 10 years of experience in the appropriate construction craft.
(b) The applicant files written recommendations concerning his or her competency in the
appropriate construction craft.
(c) The applicant is administered only one oral examination within a period of 1 year.
(8) Any public record of the board, when certified by the executive director of the board or the
executive director's representative, may be received as prima facie evidence in any administrative or
judicial proceeding.
(9)(a) This part does not prevent any contractor from acting as a prime contractor where the
majority of the work to be performed under the contract is within the scope of his or her license or from
subcontracting to other licensed contractors that remaining work which is part of the project
contracted.
(b) This part, chapter 471, chapter 481, or any other provision of law does not:
1. Prevent any licensed engineer or architect from contracting directly with a licensed contractor
for the preparation of plans, specifications, or a master design manual addressing structural designs
used to make an application for building permits.
2. Require a licensed engineer or architect, when preparing drawings, specifications, plans, or
master design manuals for use by any licensed contractor, to prepare site-specific drawings,
specifications, or plans for the design and construction of single-family and two-family dwellings;
swimming pools, spas, or screened enclosures; or any other structure not exceeding 1,200 square feet or
one story in height. For the purpose of issuing building permits, local building officials shall accept such
drawings, specifications, or plans when submitted by any licensed contractor. Upon good cause shown,
local government code enforcement agencies may accept or reject plans prepared by persons licensed
under chapter 471, chapter 481, or this chapter.
http://www.leg.statc.fl.us/Statutes/index.cfin?App anode—Display Statute&Search String... 3/20/2014
Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 4
As used in this section, the term "master design manual" means a restrictive design manual intended to
be used to design, permit, and construct structures as described in this section. Any such manual must
be prepared by a licensed engineer or architect and specifically detail the limits of its use, including,
but not limited to, the structure type, size, materials, loading conditions, time limits, applicable codes,
and associated criteria. The manual must also detail the required training for the contractor, engineer,
or architect using the manual. All master design manuals must be peer reviewed by an independent
licensed engineer or architect having no financial interest in the development of the manual or the
construction of structures pursuant to the manual. The engineer or architect conducting the peer review
must be identified in the manual.
(c) Notwithstanding anything in this chapter or any other provision of law, a licensed engineer or
architect is not required for the preparation or use of any design guide adopted by the Florida Building
Commission as part of the building code pursuant to s. 553.73.
(10) The addition of a new type of contractor or the expansion of the scope of practice of any type
of contractor under this part shall not limit the scope of practice of any existing type of contractor
under this part unless the Legislature expressly provides such a limitation.
(11) Any local act, law, ordinance, or regulation, including, but not limited to, a local building code
or building permit requirement, of a county, municipality, or other political subdivision that pertains to
hoisting equipment including power-operated cranes, derricks, hoists, elevators, and conveyors used in
construction, demolition, or excavation work, that is not already preempted by the Occupational Safety
and Health Administration under 29 C.F.R. parts 1910 and 1926, including, but not limited to, local
worksite regulation regarding hurricane preparedness or public safety, is prohibited and is preempted to
the state. This subsection does not apply to the regulation of elevators under chapter 399 or to airspace
height restrictions in chapter 333.
History.--ss. 6, 17, ch, 79-200; ss. 3, 4, ch. 80-85;ss. 2, 3, ch. 81-318; s. 2, ch. 85-290;ss. 28, 31,ch, 86-159; s. 3, ch. 87-
235; s. 13, ch. 87-310; s. 7, ch. 87-374; 55. 7, 20, 21, ch. 88-156; s. 32, ch. 89-374; s. 43, ch. 90-228; s. 67, ch. 91.137; s. 4,
ch. 91-429; s. 59, ch. 92-149; ss. 2, 6, ch. 93-154; s. 8, ch. 93-166; s. 186, ch. 94218; s. 481, ch. 97-103; s. 6, ch. 97-228; s.
25,ch. 98-419; s. 4, ch. 2003-257; s. 8, ch. 2007.227; s. 11, ch. 2012-13; s. 1, ch. 2012-62.
1Note,-Section 8, ch. 2013-193, provides that "[t]he amendments to s. 489.113(21, Florida Statutes, by section 11 of
chapter 2012-13, Laws of Florida, are remedial in nature and intended to clarify existing law. This section applies
retroactively to any action initiated or pending on or after March 23, 2012."
Copyright CU 1995-2014 The Florida Legislature • Privacy Statement • Contact Us
http://www.leg.state.fl.us/Statutes/index.cfn1?App mode=Disp lay_Statute&Search_String... 3/20/2014
March 21, 2014
Mr. Drew Winters:
Florida Construction Industry Licensing Board
1940 N. Monroe Street
Tallahassee, FL 32399-1039
RE: Collier County Contractors Licensing Board —Case Numbers 2014-05.
Dear Mr. Winters:
Enclosed are the Findings of Fact, Conclusions of Law and Orders of the local Board in the cases
decided recently by the Collier County Contractors' Licensing Board.
Board of County Commissioners vs. William Neuzil d/b/cr, Naples Construction Group,LLC,
Collier County Case Number 2014-05, and Collier County Certificate 201200000637
(CGC 1508081). This case was heard and decided by the Local Licensing Board on March 19,
2014 with a finding that Mr. Neuzil was in violation and local penalties were imposed to the
limit allowed by Florida Statues, to wit, revoking of Mr. Neuzil's right to pull building permits in
Collier County, the City of Naples or City of Marco Island for 6 months. Further investigation
action required by the CILB
If there ar' • ly_c1 Iestions concerning this case,please call me a (239) 252-5706.
Sincere_C T.
-: — fir< --
Michael 75-ssorio
Contractor Licensing Supervisor
Collier County Government
Enclosures
cc Jonathon Walsh
Building Official
CONTRACTORS LICENSING BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS )
COLLIER COUNTY, FLORIDA )
Petitioner, )
Case No: 2014-04
vs. ) License No.
Richard J. Ranck )
d/b/a RV Lanai of SW Florida, Inc., )
Respondent(s) )
ORDER
THIS CAUSE came on for public hearing before the Contractors' Licensing Board
(hereafter Board) on March 19, 2014, for consideration of the Administrative Complaint
filed against Richard J. Ranck d/b/a RV Lanai of SW Florida, Inc., the "Respondent".
Service of the Complaint was made in accordance with Section 22-202 of the Code of
Laws and Ordinances of Collier County, Florida. The Board made a finding of fact that
the service conformed with the requirements of the Code of Laws and Ordinances of
Collier County, Florida. The Board having at said hearing heard testimony under oath,
received evidence, and heard arguments respective to all appropriate matters,
thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board as
follows:
Page 1 of 8
324337.1 4/2/2014
FINDINGS OF FACT
1. That Richard J. Ranck is the holder of record of a Collier County Certificate of
Compency as an aluminum specialty contractor.
2, That the Board of County Commissioners of Collier County, Florida, is the
complainant in this matter.
3. That the Board has jurisdiction of the person of the Respondent and that Richard
J. Ranck was present at the public hearing and was not represented by counsel at the
hearing on March 19, 2014.
4. All notices required by the Code of Laws and Ordinances of Collier County,
Florida, have been properly issued, hand delivered and delivered by certified mail in
accordance with Section 22-202 of the Code of Laws and Ordinances of Collier County,
Florida,
5. The evidence presented and testimony given established that the Respondent
acted in a manner that is in violation of the Code of Laws and Ordinances of Collier
County, Florida, as follows: Count 1, by commencing work without obtaining the
required permit in violation of Section 22-201(18) of the Code of Laws and Ordinances
of Collier County, Florida; and Count 2, by contracting to do work outside of the scope
of competency as listed on his competency card in violation of Section 22-201(2) of the
Code of Laws and Ordinances of Collier County, Florida, in the performance of his
contracting business, and is the one who committed the acts.
Page 2 of 8
324 337.1 4/2/2014
6. That the Contractors' Licensing Supervisor and Staff presented sworn testimony,
and the administrative complaint and exhibits thereto were admitted into evidence. The
Respondent was afforded an opportunity to present sworn testimony, exhibits, and to
cross examine the Contractors' Licensing Supervisor and witness. The Board was
afforded an opportunity to ask questions of the Respondent and witness. The Board
determined that the allegations of fact as set forth in the Administrative Complaint, as to
Count 1, by commencing work without obtaining the required permit in violation of
Section 22-201(18) of the Code of Laws and Ordinances of Collier County, Florida; and
Count 2, by contracting to do work outside of the scope of competency as listed on his
competency card in violation of Section 22-201(2) of the Code of Laws and Ordinances
of Collier County, Florida, are true and therefore such facts are hereby found to be
supported by the evidence presented at the hearing.
CONCLUSIONS OF LAW
1. The Conclusions of Law alleged and set forth in the Administrative Complaint as
to Count 1 and Count 2, were supported by the clear and convincing evidence
presented at the hearing on March 19, 2014, and said conclusions of law are hereby
approved, adopted, and incorporated heroin, to wit, the Respondent violated Section
22-201(18) of the Code of Laws and Ordinances of Collier County, Florida and Section
22-201(2) of the Code of Laws and Ordinances of Collier County, Florida in the
performance of his contracting business in Collier County by acting in violation of the
sections set out above with particularity.
2. Collier County has jurisdiction over this contractor.
Page 3 of 8
324337 1 4/2/2014
ORDER OF THE BOARD,
Based upon the foregoing Findings of Fact and Conclusions of Law, and
pursuant to the authority granted in Chapter 489, Florida Statutes, and the Code of
Laws and Ordinances of Collier County, Florida, by a vote of 8 in favor and 0 opposed,
a unanimous vote of the Board members present, the Respondent has been found in
violation as set out above.
Further, it is hereby ORDERED, by a vote of 8 in favor and 0 opposed, a
unamimous vote of the Board members present, that the following disciplinary
sanction(s) and related order are hereby imposed upon the Respondent:
1. The Respondent's license is revoked;
2. The Respondent shall pay $900.00 in investigative costs;
3. The Respondent shall pay a fine of$1,000.00;
4. The Respondent shall pay a fine of$300.00;
5. The Respondent shall provide a letter or other verification that all materials used
in connection with the project were paid for in full.
The Respondent, any other party, the chairman of the Contractors' Licensing Board, the
Contractors' Licensing Board as a body, or the assistant county attorney who tried the
case may request a rehearing of any decision of the Contractors' Licensing Board. A
request for rehearing shall be in writing and shall be filed with staff and a copy thereof
Page 4 of 8
324337.1 4/212014
should be delivered to all other parties within twenty (20) days from the date of mailing
or other method of delivery to the Respondent(s) of the Board's written decision.
A request for rehearing must be based only on the ground that the decision was
contrary to the evidence or that the hearing involved an error on a ruling of law that was
fundamental to the decision of the Board. The written request for rehearing must specify
the precise reasons therefore. The decision of the Board that is the subject of the
rehearing request will remain in effect throughout the rehearing procedure unless the
Board orders otherwise.
The Board will make a determination as to whether or not to rehear the matter
and its decision shall be made at a public meeting, which will be reduced to writing and
mailed to the interested parties within 21 days after the determination is made. If the
Contractors' Licensing Board determines it will grant a rehearing, it may:
a. Schedule a hearing where the parties will be given the opportunity of
presenting evidence or argument limited by the Board to the specific reasons for which
the rehearing was granted; or
b. Modify or reverse its prior decision, without receiving further evidence,
providing that the change is based on a finding that the prior decision of the Board
resulted from a ruling on a question of law that the Board had been informed by its
counsel was an erroneous ruling and which ruling could affect the substantive decision.
The parties are further notified that upon the timely filing of a Notice of Appeal
within thirty (30) days you may have the decision of the Board reviewed pursuant to the
Page 5 of 8
324337.1 4/2/2014
procedure set out herein. The Respondent may appeal a decision of the Board to the
Collier County Circuit Court. Such an appeal shall not be a hearing de novo but shall be
limited to appellate review of the record created before the Board. Any appeal shall be
filed with the Circuit Court and served on the parties within thirty (30) days of the mailing
of the decision of the Board under the Code of Laws and Ordinances of Collier County,
Florida, Section 22-202(g)(9). If there has been a re-hearing request granted, the
appeal shall be filed with the Circuit Court and served on the parties within thirty (30)
days of the mailing of the re-hearing decision under Code of Laws and Ordinances of
Collier County, Florida, Section 22-205.
In the event that the Respondent elects to appeal, a verbatim record and
transcript of the proceedings will be necessary. It shall be the sole responsibility of said
party to ensure that a record is made from which a transcript may be prepared which
includes the testimony upon which an appeal may be taken. Neither Collier County nor
the Board has any responsibility to provide a verbatim record transcript of the
proceedings.
In accordance with Section 489.131(7) (c) and (d), Florida Statutes, the
disciplined contractor, the complainant, or the Department of Business and Professional
Regulation may challenge the Board's recommended penalty to the State Construction
industry Licensing Board. Such challenge must be filed within sixty (60) days of the
issuance of the recommended penalty to the State Construction Industry Licensing
Board in Tallahassee, Florida. If challenged, there is a presumptive finding of probable
Page 6 of 8
324337.1 4/2/2014
cause and the case may proceed before the State Board without the need for a
probable cause hearing.
Failure of the disciplined contractor, the complainant, or the Department of
Business and Professional Regulation to challenge the Board's recommended penalty
within the time period set forth herein will constitute a waiver of the right to a hearing
before the State Construction Industry Licensing Board and be deemed as an
admission of the violation such that the penalty recommended will become a final order
according to the procedures developed by State Board rule without further State Board
action.
Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that
they may thereafter appeal the Final Order of the State Board by filing one copy of a
Notice of Appeal with the Clerk of the Department of Business and Professional
Regulation, Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399-0792,
and by filing the filing fee and one copy of the Notice of Appeal with the appropriate
District Court of Appeal within thirty (30) days of the effective date of said State Board
Order.
ORDERED by the Contractors' Licensing Board effective the 19th day of March,
2014
i
Thomas Lykos Vice
Chairman
Contractors' Licensing Board
Page 7 of 8
324337.1 4/2/2014
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Findings of Fact, Conclusions of Law, and Order of the Board has been furnished to the
Respondent; and Mr. Michael Ossorio, Licensing Compliance Supervisor, 2800 North
Horseshoe Drive, Naples, FL 34103, on this •- of Ph , 2014.
VW-
Secret. , ontractors' Licensing Board
Page 8 of 8
32433/.1 4/2/2014