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CLB Backup 05/19/2021 CONTRACTORS ' LICENSING BOARD Agenda May 19 , 2021 Public Hearing Procedures of the Collier County Contractor Licensing Board 1. The Hearing will be conducted pursuant to procedures set out in Collier County Ordinance#90- 105, as amended, and Florida Statutes Chapter 49. 2. The Hearing is quasi-judicial in nature.The formal Rules of Evidence will not apply. 3. Fundamental fairness and due process shall be observed and shall govern the proceeding. 4. Irrelevant, immaterial, or inconclusive evidence shall be excluded but all other evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. 5. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient by itself to support a Finding unless such hearsay would be admissible or objected to in civil actions in Court. 6. The Rules of Procedure shall be effective to the same extent that they would now be hereafter recognized in civil actions. 7. The general purpose of the proceeding is for the County to set out its Opening Statement which details its charges against the Respondent. 8. The Respondent may or may not make his/her Opening Statement setting out in general terms the defenses to the charges. 9. The County then presents its Case in Chief,calling witnesses and presenting evidence. 10. The Respondent may cross-examine these witnesses. 11. Once the County has closed its Case in Chief,the Respondent may present his/her defense and may call witnesses and do all the things described earlier,that is to call and examine witnesses,to introduce exhibits,to cross-examine witnesses and impeach any witnesses regardless of which party called the witness to testify, and to rebut any evidence presented against the party. 12. After the Respondent has presented his/her case,the County may present a rebuttal to the Respondent's presentation. 13. When the rebuttal is concluded,each party may present their Closing Statement. 14. The County will have a further opportunity to rebut after the conclusion of the Respondent's 1 READ AFTER THE FINAL VOTE OF THE BOARD AFTER THE PUBLIC HEARING Upon consideration of all testimony received under oath, evidence received, and arguments presented by the parties during the public hearing, the Board issues the following findings and conclusions: 1. Service of the Administrative Complaint and notice was sufficient provided and in compliance with the applicable law. 2. The Respondent is the holder of the license as set forth in the Administrative Complaint. 3. Respondent was present as hearing and was not (OR WAS) represented by counsel. 4. The Respondent is the license holder as set forth in the Administrative Complaint. 5. The Board has jurisdiction over the Respondent and subject matter raised in the Administrative Complaint. 6. The Respondent committed the violation(s) as set forth in Count 1 (Count 2,Count,3, etc.) of the Administrative Complaint. 7. Therefore, by a vote of in favor and opposed,the Respondent is found guilty of the violation(s)as set forth in Count 1 (Count 2, Count 3, etc.) in the Administrative Complaint and the Board imposes the following sanctions against Respondent: a. b. c. d. e. 8. This concludes the order of the Board and this matter. 9. Move on to next agenda item. CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA ORDER TO PAY CIVIL PENALTY Pina-Hernandez, Arturo 10556 Majestic Circle Naples, FL 34114 CLB Agenda Date: May 19, 2021 Pursuant to Section 489.127, Florida Statutes, Operations and Regulatory Management Department/Licensing Section issued Citation No. 10748 CEUL20210002573 on 03/16/21, to Pina-Hernandez, Arturo, in the amount of $1,000.00, within 10 days of issuance of the Citation, THE PENALTY HAS NOT BEEN PAID. Per Section 489.127(5) (g), Florida Statutes, the violator is hereby ORDERED to pay that penalty in full within 15 days from the date of mailing a copy of the ORDER to the violator's address as noted on the Citation. If the penalty is not paid in full within 15* days, this ORDER may be recorded in the public records of Collier County and thereafter shall constitute a lien against any real or personal property owned by the violator. After 3 months from the filing of any such lien which remains unpaid, the Contractor Licensing Board may authorize the County Attorney to foreclose on the lien. DATE: )I 1'1 CHAIRMAN MATTHEW NOLTON Print Name Attorney to the CLB KEVIN NOELL Contractor Licensing Supervisor TIMOTHY CROTTS For Contractor Licensing Board * If the 15th day falls on a Saturday, Sunday or holiday, the entire fine must be paid no later than 4:00 P.M. on the County's next business day following that weekend or holiday. Approved as to form and legal sufficiency CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA ORDER TO PAY CIVIL PENALTY ABDIAS, BARRAGAN ROJAS 26521 LONDON LANE BONITA SPRINGS, FL 34135 CLB Agenda Date: May 19, 2021 Pursuant to Section 489.127, Florida Statutes, Operations and Regulatory Management Department/Licensing Section issued Citation No. 11485 CEUL20210002584 on 03/17/21, to ABDIAS, BARRAGAN ROJAS, in the amount of $1,000.00, within 10 days of issuance of the Citation, THE PENALTY HAS NOT BEEN PAID. Per Section 489.127(5) (g), Florida Statutes, the violator is hereby ORDERED to pay that penalty in full within 15 days from the date of mailing a copy of the ORDER to the violator's address as noted on the Citation. If the penalty is not paid in full within 15* days, this ORDER may be recorded in the public records of Collier County and thereafter shall constitute a lien against any real or personal property owned by the violator. After 3 months from the filing of any such lien which remains unpaid, the Contractor Licensing Board may authorize the County Attorney to foreclose on the lien. DATE: 31111 zI CHAIRMAN MATTHEW NOLTON Print Name ------__ Attorney to the CLB KEVIN NOELL Contractor Licensing Supervisor TIMOTHY CROTTS For Contractor Licensing Board * If the 15th day falls on a Saturday, Sunday or holiday, the entire fine must be paid no later than 4:00 P.M. on the County's next business day following that weekend or holiday. Approved as to form and legal sufficiency CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA ORDER TO PAY CIVIL PENALTY Lopez, Juan Carlos 8113 Lake San Carlos Circle Fort Myers, FL 33967 CLB Agenda Date: May 19, 2021 Pursuant to Section 489.127, Florida Statutes, Operations and Regulatory Management Department/Licensing Section issued Citation No. 11486 CEUL20210002830 on 03/24/21, to Lopez, Juan Carlos, in the amount of $1,000.00, within 10 days of issuance of the Citation, THE PENALTY HAS NOT BEEN PAID. Per Section 489.127(5) (g), Florida Statutes, the violator is hereby ORDERED to pay that penalty in full within 15 days from the date of mailing a copy of the ORDER to the violator's address as noted on the Citation. If the penalty is not paid in full within 15* days, this ORDER may be recorded in the public records of Collier County and thereafter shall constitute a lien against any real or personal property owned by the violator. After 3 months from the filing of any such lien which remains unpaid, the Contractor Licensing Board may authorize the County Attorney to foreclose on the lien. DATE: I Hi --1 CHAIRMAN MATTHEW NOLTON Print Name Attorney to the CLB KEVIN NOELL Contractor Licensing Supervisor TIMOTHY CROTTS For Contractor Licensing Board * If the 15th day falls on a Saturday, Sunday or holiday, the entire fine must be paid no later than 4:00 P.M. on the County's next business day following that weekend or holiday. Approved as to form and legal sufficiency CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA ORDER TO PAY CIVIL PENALTY Feiertag, Daniel Moraes 14361 N. Cleveland Ave North Fort Myers, FL 33903 CLB Agenda Date: May 19, 2021 Pursuant to Section 489.127, Florida Statutes, Operations and Regulatory Management Department/Licensing Section issued Citation No. 10703 CEUL20210000402 on 01/13/21, to Feiertaq, Daniel Moraes, in the amount of $1,000.00, within 10 days of issuance of the Citation, THE PENALTY HAS NOT BEEN PAID. Per Section 489.127(5) (g), Florida Statutes, the violator is hereby ORDERED to pay that penalty in full within 15 days from the date of mailing a copy of the ORDER to the violator's address as noted on the Citation. If the penalty is not paid in full within 15* days, this ORDER may be recorded in the public records of Collier County and thereafter shall constitute a lien against any real or personal property owned by the violator. After 3 months from the filing of any such lien which remains unpaid, the Contractor Licensing Board may authorize the County Attorney to foreclose on the lien. DATE: 5 1( 1 l Zt CHAIRMAN MATTHEW NOLTON Print Name Attorney to the CLB KEVIN NOELL Contractor Licensing Supervisor TIMOTHY CROTTS For Contractor Licensing Board * If the 15th day falls on a Saturday, Sunday or holiday, the entire fine must be paid no later than 4:00 P.M. on the County's next business day following that weekend or holiday. Approved as to form and legal sufficiency CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA ORDER TO PAY CIVIL PENALTY Pezzuti, Eric James 9421 165th PL. N. Jupiter, FL 33478 CLB Agenda Date: May 19, 2021 Pursuant to Section 489.127, Florida Statutes, Operations and Regulatory Management Department/Licensing Section issued Citation No. 11489 CEUL20210002929 on 03/25/21, to Pezzuti, Eric James, in the amount of $1,000.00, within 10 days of issuance of the Citation, THE PENALTY HAS NOT BEEN PAID. Per Section 489.127(5) (g), Florida Statutes, the violator is hereby ORDERED to pay that penalty in full within 15 days from the date of mailing a copy of the ORDER to the violator's address as noted on the Citation. If the penalty is not paid in full within 15* days, this ORDER may be recorded in the public records of Collier County and thereafter shall constitute a lien against any real or personal property owned by the violator. After 3 months from the filing of any such lien which remains unpaid, the Contractor Licensing Board may authorize the County Attorney to foreclose on the lien. DATE: (lq I Zj CHAIRMAN MATTHEW NOLTON Print Name Attorney to the CLB KEVIN NOELL Contractor Licensing Supervisor TIMOTHY CROTTS For Contractor Licensing Board * If the 15th day falls on a Saturday, Sunday or holiday, the entire fine must be paid no later than 4:00 P.M. on the County's next business day following that weekend or holiday. Approved as to form and legal sufficiency Teresa L. Cannon From: MorganPatricia <Patricia.Morgan@colliercountyfl.gov> Sent: Monday, May 24, 2021 10:54 AM To: Minutes and Records Cc: CrottsTimothy; EdrevaRadoslava; MorganPatricia Subject: FW: CLB AGENDA 05/19/2021 Attachments: Case 2021-05 Neal K. Mintz.pdf; Case 2021-06 Kristo, Miska.pdf Follow Up Flag: Follow up Flag Status: Completed Good morning, Please place the two documents above at the end of the Backup Documentation for the CLB meeting of 05/19/2021. These were given to the minute-taker at the meeting for the record. Please confirm receipt and placement into the CLB record. Take care. Best Regards, Trish Morgan Customer Service Specialist Co er bounty Growth Management Department Operations&Regulatory Management Division Exceeding Expectations,Every Day! 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239-252-2431 Fax:239-252-2469 The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY. We appreciate your feedback! ❑s{ti❑ Cti 1 From: Kamerer,Victoria J. <Victoria.Kamerer@ExpressPros.com> Sent: Monday, May 24, 2021 10:40 AM To: MorganPatricia <Patricia.Morgan@colliercountyfl.gov> Cc: CrottsTimothy<Timothy.Crotts@colliercountyfl.gov>; EdrevaRadoslava <Radoslava.Edreva@colliercountyfl.gov> Subject: RE: CLB AGENDA 05/19/2021 EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning Again, Gigi just emailed me these two attachments saying they are supposed to go with the Minutes as well! Thank you so much, Victoria Kamerer Office Manager EXPRESS EMPLOYMENT PROFESSIONALS 3358 Woods Edge Circle Suite 102 Bonita Springs, FL 34134 239.498.5000 (Main Phone#) 239.498.5015 (Fax#) Victoria.Kamerer@ExpressPros.com www.ExpressPros.com/NaplesFL EftiE'ressw LOYMENT PROFESSIONALS I 2021 BEST OF STAFFING AWARDS WINNER qE)rPress- .� Find us on: 6" facebook. From: MorganPatricia <Patricia.Morgan@colliercountyfl.gov> Sent:Thursday, May 13, 2021 3:32 PM To: Kamerer,Victoria J. <Victoria.Kamerer@ExpressPros.com> Cc: CrottsTimothy<Timothy.Crotts@colliercountyfl.gov>; EdrevaRadoslava <Radoslava.Edreva@colliercountyfl.gov>; kln@noell-law.com; MorganPatricia <Patricia.Morgan@colliercountyfl.gov> Subject: [EXTERNAL] CLB AGENDA 05/19/2021 2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Public Hearing Procedures of the Collier County Contractor Licensing Board The Hearing will be conducted pursuant to procedures set out in Collier County Ordinance #90- 105, as amended, and Florida Statutes Chapter 49. The Hearing is quasi-judicial in nature. The formal Rules of Evidence will not apply. Fundamental fairness and due process shall be observed and shall govern the proceeding. Irrelevant, immaterial, or inconclusive evidence shall be excluded but all other evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient by itself to support a Finding unless such hearsay would be admissible or objected to in civil actions in Court. The Rules of Procedure shall be effective to the same extent that they would now be hereafter recognized in civil actions. The general purpose of the proceeding is for the County to set out its Opening Statement which details its charges against the Respondent. The Respondent may or may not make his/her Opening Statement setting out in general terms the defenses to the charges. The County then presents its Case in Chief, calling witnesses and presenting evidence. The Respondent may cross-examine these witnesses. Once the County has closed its Case in Chief, the Respondent may present his/her defense and may call witnesses and do all the things described earlier, that is to call and examine witnesses, to introduce exhibits, to cross-examine witnesses and impeach any witnesses regardless of which party called the witness to testify, and to rebut any evidence presented against the party. After the Respondent has presented his/her case, the County may present a rebuttal to the Respondent's presentation. When the rebuttal is concluded, each party may present their Closing Statement. The County will have a further opportunity to rebut after the conclusion of the Respondent's 1 Closing Statement. 15. The Board will then close the Public Hearing and will begin its deliberations. 16. Prior to the beginning of deliberations, the Attorney for the Board will give the charge similar to a Charge to a Jury, setting out the parameters upon which the Board can base its decision. 17. During deliberations, the Board can ask for additional information and clarification from the parties. 18. The Board will then decide two different issues: (a) First, whether the Respondent is guilty of the offense as charged in the Administrative Complaint and a vote will be taken on the matter. (b) If the Respondent has been found guilty, then the Board must decide upon the Sanctions to be imposed. The Board's attorney will advise the Board concerning the Sanctions which may be imposed and the factors to be considered. The Board will discuss the Sanctions and take another vote. 19. After the two matters have been decided, the Chair or, in his/her absence, the Vice Chair, will read a summary of the Order to be issued by the Board. The summary will set forth the basic outline of the Order but may not be the exact same language as the Final Order. 20. The Final Order will include the full details as required under State law. Signature of Respondent Dated 2 Wa�S10 �111SK� ohsf-� aOa I - a 6 2. 4. 6. 7. 8. 9. 10 11 12 13 14 Public Hearing Procedures of the Collier County Contractor Licensing Board The Hearing will be conducted pursuant to procedures set out in Collier County Ordinance #90- 105, as amended, and Florida Statutes Chapter 49. The Hearing is quasi-judicial in nature. The formal Rules of Evidence will not apply. Fundamental fairness and due process shall be observed and shall govern the proceeding. Irrelevant, immaterial, or inconclusive evidence shall be excluded but all other evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient by itself to support a Finding unless such hearsay would be admissible or objected to in civil actions in Court. The Rules of Procedure shall be effective to the same extent that they would now be hereafter recognized in civil actions. The general purpose of the proceeding is for the County to set out its Opening Statement which details its charges against the Respondent. The Respondent may or may not make his/her Opening Statement setting out in general terms the defenses to the charges. The County then presents its Case in Chief, calling witnesses and presenting evidence. The Respondent may cross-examine these witnesses. Once the County has closed its Case in Chief, the Respondent may present his/her defense and may call witnesses and do all the things described earlier, that is to call and examine witnesses, to introduce exhibits, to cross-examine witnesses and impeach any witnesses regardless of which party called the witness to testify, and to rebut any evidence presented against the party. After the Respondent has presented his/her case, the County may present a rebuttal to the Respondent's presentation. When the rebuttal is concluded, each party may present their Closing Statement. The County will have a further opportunity to rebut after the conclusion of the Respondent's Closing Statement. 15. The Board will then close the Public Hearing and will begin its deliberations. 16. Prior to the beginning of deliberations, the Attorney for the Board will give the charge similar to a Charge to a Jury, setting out the parameters upon which the Board can base its decision. 17. During deliberations, the Board can ask for additional information and clarification from the parties. 18. The Board will then decide two different issues: (a) First, whether the Respondent is guilty of the offense as charged in the Administrative Complaint and a vote will be taken on the matter. (b) If the Respondent has been found guilty, then the Board must decide upon the Sanctions to be imposed. The Board's attorney will advise the Board concerning the Sanctions which may be imposed and the factors to be considered. The Board will discuss the Sanctions and take another vote. 19. After the two matters have been decided, the Chair or, in his/her absence, the Vice Chair, will read a summary of the Order to be issued by the Board. The summary will set forth the basic outline of the Order but may not be the exact same language as the Final Order. 20. The Final Order will include the full details as required under State law. Signature of Respondent 4 Dated