CLB Backup 12/16/2015 Patricia L. Morgan
From: Clements, Karen
Sent: Monday, December 21, 2015 10:07 AM
To: Minutes and Records
Cc: Ossorio, Michael
Subject: FW:
Attachments: order.pdf
Trish,
As per our phone conversation attached is the Order that needs to be filed from the December 16th, 2015, Contractor
Licensing Board Meeting.
Thank you.
Karen Clements
From: OssorioMichael
Sent: Monday, December 21, 2015 9:53 AM
To: ClementsKaren
Subject: FW:
From: OssorioMichael
Sent: Monday, December 21, 2015 9:52 AM
To: Martha S. Vergara <Martha.Vergara @collierclerk.com>
Subject:
Good morning Martha,
Please file/attach with last CLB meeting. Case#2015-09.
Mike
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity, Instead,contact this office by telephone or in writing.
1
CONTRACTORS LICENSING BOARD
COLLIER COUNTY, FLORIDA
)
BOARD OF COUNTY COMMISSIONERS )
COLLIER COUNTY, FLORIDA )
Petitioner, )
) Case No: 2015-09
vs. ) License No. 25598
)
Karin R. Sacacian )
D/b/a Olde Naples Tile & Marble, LLC, )
)
Respondent(s) )
ORDER
THIS CAUSE came on for public hearing before the Contractors' Licensing Board
(hereafter Board) on December 16, 2015, for consideration of the Administrative
Complaint filed against Karin R. Sacacian dba Olde Naples Tile & Marble, 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
422851.1 12/1812015
FINDINGS OF FACT
1. That Karin R. Sacacian is the holder of record of Collier County License Number
25598, as a Tile and Marble 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 Karin R.
Sacacian was not present at the public hearing and was not represented by counsel at
the hearing on December 16, 2015.
4. All notices required by the Code of Laws and Ordinances of Collier County,
Florida, have been properly issued, hand delivered and sent 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: failing to promptly correct faulty workmanship or promptly
replacing faulty materials installed contrary to the provisions of the Construction
Contract. Faulty workmanship exists if the work, process, product or part thereof does
not meet generally accepted standards in Collier County in relation to the entire project.
(Code of Laws and Ordinances of Collier County, Florida, Section 22-210(10)), and is
the one who committed the acts.
Page 2 of 8
422851.1 12/18/2015
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 but chose not to
appear at the hearing. The Board was afforded an opportunity to ask questions of the
witnesses. The Board determined that the allegations of fact as set forth in the
Administrative Complaint 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 Counts 1 were supported by the clear and convincing evidence presented at the
hearing on December 16, 2015, 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(10) in the performance of her
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 9 in favor and 0 opposed,
Page3of8
422851.1 12/1812015
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 9 in favor and 0 opposed, a
unanimous vote of the Board members present, that the following disciplinary
sanction(s) and related order are hereby imposed upon the Respondent as holder of
Contractor's License Numbers 25598:
1. The Respondent's License shall be suspended for a period of up to thirty (30)
days until all amounts required to be paid pursuant to this order have been paid.
2. Respondent is ordered to pay six thousand eight hundred sixty and 57/100
dollars ($6,860.57) as restitution to the homeowner within thirty (30) days.
3. Respondent is ordered to pay a fine in the amount of two thousand dollars
($2,000.00) to be paid within thirty (30) days.
4. Respondent is ordered to pay $550.00 in administrative and investigative costs to
the County within thirty (30) days.
5. If all amounts required hereunder are not paid within thirty (30) days, the
Respondent's Contractor's License shall be revoked and an additional fine of
three thousand dollars ($3,000.00) shall also be assessed to the Respondent.
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
Page 4 of 8
422851.1 12/18/2015
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 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.
Page 5 of 8
422851.1 1211812015
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
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
Page 6 of 8
422851.1 12/18(2015
Board in Tallahassee, Florida. If challenged, there is a presumptive finding of probable
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 16`h day of
D-cem; r, 2015.
Patrick White, Chairman
Contractors' Licensing Board
Page 7 of 8
422851.1 12/18/2015
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 f da •_ S' - ber, 2015.
Sec - ontractors' Licensing Board
Page 8 of 8
422851.1 12118/2015
CONTRACTORS LICENSING BOARD
COLLIER COUNTY, FLORIDA
)
BOARD OF COUNTY COMMISSIONERS )
COLLIER COUNTY, FLORIDA )
Petitioner, )
) Case No: 2015-09
vs. ) License No. 25598
)
Karin R. Sacacian )
D/b/a Olde Naples Tile & Marble, LLC, ) INSTR 5233937 OR 5246 PG 2180
) RECORDED 3/1/2016 10:26 AM PAGES 8
Respondent(s) ) DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$69.50
ORDER
THIS CAUSE came on for public hearing before the Contractors' Licensing Board
(hereafter Board) on December 16, 2015, for consideration of the Administrative
Complaint filed against Karin R. Sacacian dba Olde Naples Tile & Marble, 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
422851.1 12/18/2015
FINDINGS OF FACT
1. That Karin R. Sacacian is the holder of record of Collier County License Number
25598, as a Tile and Marble 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 Karin R.
Sacacian was not present at the public hearing and was not represented by counsel at
the hearing on December 16, 2015.
4. All notices required by the Code of Laws and Ordinances of Collier County,
Florida, have been properly issued, hand delivered and sent 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: failing to promptly correct faulty workmanship or promptly
replacing faulty materials installed contrary to the provisions of the Construction
Contract. Faulty workmanship exists if the work, process, product or part thereof does
not meet generally accepted standards in Collier County in relation to the entire project.
(Code of Laws and Ordinances of Collier County, Florida, Section 22-210(10)), and is
the one who committed the acts.
Page 2 of 8
422851.1 12/18/2015
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 but chose not to
appear at the hearing. The Board was afforded an opportunity to ask questions of the
witnesses. The Board determined that the allegations of fact as set forth in the
Administrative Complaint 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 Counts 1 were supported by the clear and convincing evidence presented at the
hearing on December 16, 2015, 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(10) in the performance of her
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 9 in favor and 0 opposed,
Page 3 of 8
422851.1 12/18/2015
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 9 in favor and 0 opposed, a
unanimous vote of the Board members present, that the following disciplinary
sanction(s) and related order are hereby imposed upon the Respondent as holder of
Contractor's License Numbers 25598:
1. The Respondent's License shall be suspended for a period of up to thirty (30)
days until all amounts required to be paid pursuant to this order have been paid.
2. Respondent is ordered to pay six thousand eight hundred sixty and 57/100
dollars ($6,860.57) as restitution to the homeowner within thirty (30) days.
3. Respondent is ordered to pay a fine in the amount of two thousand dollars
($2,000.00) to be paid within thirty (30) days.
4. Respondent is ordered to pay $550.00 in administrative and investigative costs to
the County within thirty (30) days.
5. If all amounts required hereunder are not paid within thirty (30) days, the
Respondent's Contractor's License shall be revoked and an additional fine of
three thousand dollars ($3,000.00) shall also be assessed to the Respondent.
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
Page 4 of 8
422851.1 12/18/2015
•
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 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.
Page 5 of 8
422851.1 12/18/2015
•
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
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 nova 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
Page 6 of 8
422851.1 12/18/2015
Board in Tallahassee, Florida. If challenged, there is a presumptive finding of probable
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 16th day of
State of rior da
0-cem I-r, 2015. County of COLLIER
.- I HEREBY CERTIFY THAT this is a true and
.- < , correct copy of a docui ,ant on file in
Board I ajte5 and Records of Collie County
Patrick White, Chairman WITIZ S 'l'y h3'C and�off&c d1 Seal this'
Contractors' Licensing Board
o'�-gl ay ofe afj t i
DWI T E. BROOK} LE � OF COURTS .
Page 7 of 8 41111 ' '
X22 6,,i 12/18/201S -`
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/ da • *- • ber, 2015.
Sec - - -• ontractors' Licensing Board
Page 8 of 8
422851.1 12/18/2015