Case #2019-05 - Stipulated Settlement Agreement CONTRACTORS' LICENSING BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Petitioner,
CASE NO.: 2019-05
vs. COLLIER COUNTY LICENSE NO.:
LCC20180002312
LUIS G. PATINO, qualifying, THE STATE LICENSE NO.: RP2525S5416
OASIS GROUP OF SWFL, INC., doing
business as, OASIS RENOVATIONS &
POOLS, INSTR 5741252 OR 5653 PG 2202
RECORDED 7/18/2019 4:22 PM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Respondent. COLLIER COUNTY FLORIDA
REC$61 00 INDX$1 00
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STIPULATED SETTLEMENT AGREEMENT
LUIS G. PATINO, (hereinafter "Respondent") and the BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, (hereinafter "Petitioner") hereby
stipulate and agree as follows:
1. Respondent admits to the allegations and the two willful violations as set
forth in Count 1 and Count 4 of the Administrative Complaint, dated May 6, 2019 (copy
attached hereto and incorporated herein as Exhibit "A").
2. Petitioner withdraws Count 2 and Count 3.
3. The Respondent admits to these allegations and the willful violation as set
forth in Count 1 and Count 4, regardless of whether the Collier County Contractor
Licensing Board (the "Board") adopts and orders the penalty recommendation
contained within this Settlement Agreement, as set forth below, or declines to do so and
orders an increased or decreased level of penalties.
4. Collier County Licensing Department staff recommends to the Board, and
Respondent agrees with the recommendation, that:
a. Respondent's license shall be placed on probationary status effective as
of this hearing date, for a period of at least one (1) year; AND
b. Respondent shall pay restitution to homeowner, Craig Panzera, in the
amount of $10,000.00 prior to September 30, 2019.
5. Should Respondent fail to make full payment to Craig Panzera prior to the
September 30, 2019, deadline, the Collier County Licensing Department supervisor
shall notice this matter for hearing before the Board at its October 2019 meeting date, or
as soon thereafter as practicable, to consider further disciplinary action against the
Respondent in accordance with Section 22-203(a)(4), Code of Laws and Ordinances of
Collier County, Florida, including, but not limited to, suspension or revocation of
Respondent's license.
6. Should respondent make full payment to Craig Panzera prior to the
September 30, 2019, deadline and provide sufficient proof thereof to the Contractor
Licensing Department supervisor, Respondent's probationary status shall automatically
be lifted and returned to normal status upon completion of the one (1) year period of
probation.
Executed this day of , 2019.
Luis G. atino _verildo Ybaceta
Respondent Contractors' Licensing Supervisor
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ORDER ADOPTING STIPULATED SETTLEMENT AGREEMENT IN ITS ENTIRETY
THIS CAUSE having come before the Contractors' Licensing Board (the "Board")
for administrative hearing on July 17, 2019, and the Board being fully advised on the
aforesaid Stipulated Settlement Agreement, AND THE penalty recommendations
contained therein, hereby issues the following Order:
FINDINGS OF FACT
1. At all times relevant to this proceeding, Respondent was a State of Florida
Registered Swimming Pool/Spa Service and Repair Contractor under State License
No.: RP2525S5416 and Collier County License No.: LCC20180002312, qualifying the
business organization, The Oasis Group of SWFL, Inc., and doing business as Oasis
Renovations & Pools.
2. At this hearing Respondent entered into a Stipulated Settlement
Agreement, admitting to the allegations and willful violation as set forth in Count 1 and
Count 4 of the Administrative Complaint which is adopted and incorporated into this
Order.
3. The admissions set forth in the Stipulated Settlement Agreement
constitute clear and convincing evidence that Respondent willfully violated applicable
building codes or laws of the State, City or Collier County and committed misconduct
under Section 22-201.1(2), Code of Laws and Ordinances of Collier County, Florida.
CONCLUSIONS OF LAW
Based upon the foregoing facts, the Board makes the following Conclusions of
Law:
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4. All notices were properly and timely issued in accordance with Section 22-
202, Code of Laws and Ordinances of Collier County, Florida, and the Board has
subject matter jurisdiction in this proceeding pursuant to Chapter 22, Article V, Code of
Laws and Ordinances of Collier County, Florida, and Chapter 489, Florida Statutes.
5. Pursuant to Section 22-203(b), Code of Laws and Ordinances of Collier
County, Florida, the Board finds Respondent's misconduct as a State of Florida
Certified Contractor warrants payment of restitution to homeowner, Craig Panzera, in
the amount of $10,000.00, and a o 1) year period of probation.
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, the Board hereby ORDERS that:
a. Respondent is guilty of the Count I and Count 4 misconduct charged
under Section 22-201.1(2), Code of Laws and Ordinances of Collier
County, Florida, for willfully violating applicable building codes or laws of
the State, City or Collier County;
b. Respondent's license shall be placed on probationary status effective as
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of this hearing date, for a period of at least o (11 year;
c. Respondent shall pay restitution to homeowner, Craig Panzera, in the
amount of $10,000.00 prior to September 30, 2019;
d. Should Respondent fail to make full payment to Craig Panzera prior to the
September 30, 2019, deadline, the Collier County Licensing Department
supervisor shall notice this matter for hearing before the Board at its
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October 2019 meeting date, or as soon thereafter as practicable, to
consider further disciplinary action against the Respondent in accordance
with Section 22-203(a)(4), Code of Laws and Ordinances of Collier
County, Florida, including, but not limited to, suspension or revocation of
Respondent's license; and
e. Should respondent make full payment to Craig Panzera prior to the
September 30, 2019, deadline and provide sufficient proof thereof to the
Contractor Licensing Department supervisor, Respondent's probationary
status shall automatically be lifted and returned to normal status upon
completion of the one (1) year period of probation.
DONE AND ORDERED by a majority vote of in favor and opposed, of
the Contractors' Licensing Board, on this 17th day of July 2019 at Collier County,
Florida.
CONTRACTORS' LICENSING BOARD
COLLIER COUNTY, FLORIDA
By: Kyle E. Lantz, Chairman
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NOTICE OF RIGHTS
REHEARING
This Order of the Collier County Contractors' Licensing Board (the "Board") constitutes
the formal decision as stated at the hearing on this matter. Respondent, any other party,
the Chair of the Board, the Board as a body, or the assistant county attorney who tried
this case may request a rehearing of the Board's decision as stated within the Order in
accordance with Section 22-204, Code of Laws and Ordinances of Collier County,
Florida. A request for rehearing shall be made in writing and shall be filed with the
Collier County Licensing Supervisor with copies served on all other parties within twenty
(20) days of the mailing or other method of delivery to Respondent of the Order.
CIRCUIT COURT APPEAL
Disciplinary actions of the Board are quasi-judicial. Under Section 22-205, Code of
Laws and Ordinances of Collier County, Florida, Respondent may appeal this Order by
Petition for Writ of Certiorari to the to the Collier County Circuit Court pursuant to Rule
9.100, Florida Rules of Appellate Procedure. Notwithstanding a timely filed rehearing
request, such appeal shall be filed with the Collier County Circuit Court and be served
on all other parties within thirty (30) days of rendition of the Order. In the event of a
timely filed rehearing request, the appeal shall be filed with Collier County Circuit Court
and be served on the parties within thirty (30) days of rendition of the Board's Order on
rehearing. In the event that Respondent elects to appeal, a verbatim record and
transcript relevant to the case shall be as required by Florida Rules of Appellate
Procedure. It shall be the sole responsibility of the person or entity seeking such review
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 shall have any responsibility to provide a verbatim record transcript of the
proceedings.
CHALLENGING A RECOMMENDED PENALTY
If this Order contains a recommended penalty for the State Construction Industry
Licensing Board, Respondent, complainant or the Department of Business and
Professional Regulation may challenge such recommended penalty to the State
Construction Industry Licensing Board. Pursuant to Section 489.131(7), Florida
Statutes, a challenge shall be filed within sixty (60) days after the issuance of the
recommended penalty. If challenged, there is a presumptive finding of probable cause
and the case may proceed without the need for a probable cause hearing. Failure of
Respondent, complainant or the Department of Business and Professional Regulation
to timely file a challenge to a recommended penalty, shall constitute a waiver of the right
to a hearing before the State Construction Industry Licensing Board. A waiver of the
right to a hearing before the State Construction Industry Licensing Board shall be
deemed an admission of the violation, and the penalty recommended, if any, shall
become a final order according to procedures developed by State Construction Industry
Licensing Board rule without further board action. Respondent may appeal this State
Construction Industry Licensing Board action to district court.
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I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Findings of Fact, Conclusions of Law, and Amended Order of the Board has been
furnished to the Respondent, and ' y Licensing Compliance
Supervisor or his/her designee, 2800 North Horseshoe Drive, Naples, FL 34103 on this
r', day of \jO , 2019.
Secretary/Contractors' Licensing Board
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BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD
INSTR 5741251 OR 5653 PG 2199
BOARD OF COUNTY COMMISSIONERS, RECORDED 7/18/2019 4:22 PM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY, FLORIDA, CONTRACTORS' COLLIER COUNTY FLORIDA
REC$27.00
LICENSING BOARD
Petitioner,
V. Case Number: 2019-05
License Number: LCC20180002312/C35630
PATINO, LUIS G
OASIS POOLS OF SOUTH WEST FLORIDA, INC
Respondent.
ADMINISTRATIVE COMPLAINT
Collier County(County) files the Administrative Complaint against PATINO, LUIS G (Respondent),who
holds a Collier County Certificate of Competency#LCC20180002312 (previous C35630) and states the
following facts and allegations in support of the cited violations below:
1. The Respondent currently holds a Collier County Certificate of Competency#LCC20180002312
(previous C35630).
2. Under the provisions of Collier County Ordinance 2006-46, as amended, Section: 4.1.
(Misconduct—Collier County/city certificate of competency), the following actions by a holder of
a Collier County/city certificate of competency shall constitute misconduct and grounds for
discipline pursuant to Section 4.3 (Disciplinary proceedings).
a. I received the written complaint from homeowner, Craig Panzera,who resides at 1307
Little Blue Huron Ct., Naples, FL 34108 (Subject Property)on December 18, 2018. The complaint
stated that Mr. Panzera entered into a contract for pool, masonry and fence work with"Oasis
Pools".The contract for the work was executed by the parties and dated February 7, 2018. The
contract was for$53,619.47 and Mr. Panzera paid a deposit of$17,873.16 at the time of signing
the contract. Mr. Panzera said he paid all monies as requested by the contractor that totaled
$54'Z3J.48. Mr. Panzera stated that the contractor performed all work at the subject property
beginning in February, 2O2Q until November, 2018. Mr. Panzera stated that asofNovember,
2018, the work was uncomplete and unsatisfactory. Mr. Panzera stated since that date, no
further work had been performed. Mr. Panzera further stated he had contacted the contractor
numerous times to check on the status of his return to complete the work and the contractor
was unresponsive to his calls and texts.
b. On December 20, 2018, 1 took photographs of subject property& observed the work
that had taken place.The work observed included:
Demolition m[all tiles and a Pergola around the existing pool areas.
' Re-Finish of the masonry pool lanai areas and pool edges.
' A new concrete slab addition (where there was lawn grass previously) from west side of
existing concrete Lanai west around house toward the street side.
' A new metal Fence (wrought iron type) around entire rear/side yard area.
C. Mr. Panzera also showed me several areas of the re-finished masonry lanai floor that
had cracking finish throughout. Mr. Panzera stated that the masonry lanai floor was supposed to
be "stamped concrete", however, was put on with a smooth finish by K4r. Patino. Mr. Panzera
stated that the Spa unit attached to the pool now has water leakage under the slab.Also, the
electrical wiring to run the Spa has been removed with no wiring to replace and run the Spa. Mr.
Panzera also stated that some of the mechanical devices to operate the pool no longer work
(Pool Heater, Pool/Spa |ights).
d. Although the pool work was contained on an Owner-Builder Permit taken out by Mr.
Panzera, I located no permit for the metal fence installation that was to be the responsibility of
Luis Patino.
e. Mr. Panzera provided me a copy of the contract and I have included it as exhibit 11.
[ I received the copies of the checks of reflected the initial deposit of$17,873.16 and the
later payments and have attached them as exhibit 12 and invoices (exhibit 14).
9. Upon investigation of the company, Oasis Pools of South West Florida, Inc, the company
held only a Collier County Certificate of Competency#C35630, Luis G Patino for Swimming Pool
Maint. & Repair, and DBPR as Registered Pool/Spa Servicing Contractor(exhibits 5 &6). 1 also
located a company listing in State of Florida, Division of Corporations(exhibit 7).
h. I also located internet advertising on Oasis Renovations/Oasis Pools that showed a
license# RP252SS5416' Pool/Spa Servicing Contractor(exhibit 17).
i On February 2. 2019' | received from Mc Panzena, an Estimate that was specifically for
the unfinished and unsatisfactory work as contracted to Luis Patino,Oasis Pools.The Estimate
from Hydrotech Pools Inc., documented a cost of$11,870.00 for the repairs(exhibit 18).
j. Luis Patino voluntarily closed the license for Oasis Pools of South West Florida, Inc
([]S63O) and moved itto new company, The Oasis Group ofSVVFL Inc(L[[2O188OO2312}un
December 3, 2018 for the same scope of work, Swimming Pool Maint. & Repair.
3. Thereafter, pursuant to Collier County Ordinance 2006-46, as amended, Section 4.3.2. and Section
4.3.3., the complaint was investigated and found sufficient cause to file formal charges.
4. Collier County brings the following charge in this formal complaint against the Respondent.
COUNT%: 4.11 -Contracting todn any work outside of the scope mf his/her competency as listed onhis/her
competency card and as defined in this Ordinance or as restricted by the Contractors'Licensing Board.
(1): Unlicensed Concrete placing and finishing contractor, Unlicensed Fence erection contractor,
Unlicensed Aluminum contractor.
(2): Unlicensed Advertising for Pool& Patio Renovations, Patio Resurfocing.Stucco Work,Deck Work,
Electrical. (1.1. -Unlawful to contract without a certificate of competency, it shall be unlawful for any
person,firm, partnership, corporation or other legal entity to:.. advertise ur represent himself/herself nr
a business organization as available to engage in any construction contracting business,or act in the
capacity of a contractor...without having first made application for and having been issued a current and
valid county/city certificate of competency.(ZOO6-u6. Section 1.l.)—VVebsite^~vvw.pasispoo|sco.com'
has advertising for Patio Resurfacing and other asdocumented.))
COWNT2: 4.1.8.-Committing mismanagement or misconduct in the practice of contracting that causes financial
harm toocustomer.
COWmT3: 4�1.M 'Failing to promptly correct faulty workmanship
COUNT4: 4118, ' Proceeding on any job without obtaining applicable permits or inspections from the City
building and zoning division or the county building review and permitting department.
WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action
under Collier County Ordinance 2O06'46' as amended, Section 42.' as amended, and
WHEREFORE, in consideration of the foregoing, the Petitioner respectfully requests the Collier
County Contractors' Licensing Board to find the Respondent guilty of the violations charged.
Dated: Signed:
— Collier County Contractors'Licensing
Supervisor v,Designee