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12/2024 Page 1 of 7 427529.1 1/14/2016 CONTRACTORS’ LICENSING BOARD COLLIER COUNTY, FLORIDA ___________________________________ ) BOARD OF COUNTY COMMISSIONERS ) COLLIER COUNTY, FLORIDA ) ) Petitioner, ) ) Case No: 2024-14 vs. ) License No. 201600000111 ) STEPHEN FRANCIS SUTTER, ) SF SUTTER, BUILDER, LLC ) ) ) Respondent ) ___________________________________ ) ORDER THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on December 18, 2024, for consideration of the Administrative Complaint filed against STEPHEN FRANCIS SUTTER, qualifier of record for SF SUTTER, BUILDER, LLC, hereinafter the “Respondent”. 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: FINDINGS OF FACT 1. That Respondent is licensed as a RESIDENTIAL CONTRACTOR, and the qualifier of record for SF SUTTER, BUILDER, LLC Page 2 of 7 427529.1 1/14/2016 2. That the Board of County Commissioners of Collier County, Florida, is the complainant in this matter. 3. That the Board has jurisdiction over the Respondent, the Respondent was present at the public hearing, and Respondent was not represented by counsel. 4. Service of the Complaint and all notices required by the Code of Laws and Ordinances of Collier County, Florida, have been properly issued in accordance with Section 22-201 of the Code of Laws and Ordinances of Collier County, Florida. 5. The evidence presented, testimony given, and on the admission of guilt stated by the Respondent as to count I, 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: a. Count I - Collier County Code of Law and Ordinances Section 22-201.1 (4), which states in pertinent part, that fraud shall constitute misconduct and grounds for discipline 6. That the Contractors' Licensing Supervisor and County 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 witnesses. The Board was afforded an opportunity to ask questions of the witnesses. 7. The allegations of fact as set forth in the Administrative Complaint are true and therefore such facts are hereby found to be supported by competent, substantial evidence presented at the hearing. Page 3 of 7 427529.1 1/14/2016 CONCLUSIONS OF LAW 1. The facts as alleged and set forth in the Administrative Complaint as to Count I were supported by competent and substantial evidence and this evidence provided clear and convincing proof that the Respondent committed the violation as set forth in the Administrative Complaint. 2. The Respondent violated Code of Laws and Ordinances of Collier County, Florida, Sec 22- 201 in the performance of Respondent’s contracting business in Collier County by acting in violation of the sections set out with particularity in the Administrative Compliant. 3. Collier County has jurisdiction over this matter and the Respondent. ORDER OF THE BOARD Based on 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 7 in favor and 0 opposed, a unanimous vote of the Board members present and voting, the Board finds Respondent guilty of misconduct by a holder of a Collier County Certificate of Competency to wit as to Count I, Collier County Code of Law and Ordinances Section 22-201.1 (4), which states in pertinent part, that fraud shall constitute misconduct and grounds for discipline. Upon motion made and seconded and consideration of the following factors; 1. Gravity of the violation, 2. Impact of the violation, 3. Any actions taken by the violator to correct the violation, 4. Any previous violations committed by the violator, 5. Any other evidence Page 4 of 7 427529.1 1/14/2016 presented at the hearing by the parties relevant as to the sanction that is appropriate for the case given the nature of the offense, by a vote of 7 in favor and 0 opposed, a unanimous vote of the Board members present and voting, the Board hereby imposes the following disciplinary sanction(s) upon the Respondent: 1. As to Count 1, the Respondent shall obtain a Certificate of Occupancy/Completion (hereafter CO), including gas hook-up for the job within 30 days of the date of this hearing or his permit pulling privileges will be automatically suspended until the CO is obtained. Respondent’s permit pulling privileges are suspended for a period of five (5) days from the date of the hearing. 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 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. Page 5 of 7 427529.1 1/14/2016 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 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. Page 6 of 7 427529.1 1/14/2016 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 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 the '18th day of December, 2024. Stephe M. Jaron, C r Contractors' Licensi ard 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 Tim Crotts, Licensing Compliance Supervisor,2800 North Horseshoe Drive, Naples, FL 34103, on this 1<day of Da.L,,2024 I t A.,=-- ffirylconturor":Li".nsingBoard PageT of7 427529_11t14t2016 1 CONTRACTORS’ LICENSING BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ) COLLIER COUNTY, FLORIDA ) ) Petitioner, ) ) CITATION NBR: 12915, 12916, vs. ) 12917, and 12918 ) Barak Bower ) ) ) Respondent (s) ) ) ) FINAL ORDER ON CITATION THIS CAUSE came on for public hearing before the Board on December 18, 2024, pursuant to the provisions of Collier County Ordinance 90-105, as amended and Section 489.127, Florida Statutes regarding citations issued for violations of Sections 489.127(1) and/or 489.132(1), Florida Statutes as adopted by Collier County, Florida, the citation being proper in form and substance and all necessary notices having been issued to the Respondent as required by Collier County Ordinances and Florida Statutes. The Board having heard testimony under oath, received evidence, and heard arguments with respect to all appropriate and relevant matters as provided in Collier County Ordinance 90-105, as amended, and in Sections 162.03(2), 162.07 and 162.08, Florida Statutes, the Board finds as follows: FINDINGS OF FACT 1. The Respondent is not the holder of a valid Certificate of Competency issued by Collier County or one certified or registered by the State of Florida. 2 2. The Respondent has requested an administrative hearing before the Board within the jurisdictional ten (10) day time limit of the receipt of the Citations. 3. The Respondent appeared at the December 18, 2024 Board meeting. 4. The violations as charged in the citations do exist. 5. The violations charged in the citation have not been cured prior to the date set out above. 5. The citations are valid. CONCLUSIONS OF LAW 1. The Respondent has requested an administrative hearing in a timely manner and was entitled to such a hearing before the Board. 2. The Respondent is in violation of Collier County Ordinance 90-105, as amended and as charged in Citations 12915, 12916, 12917, and 12918, to wit, engaging in the business or acting in the capacity or advertising self as available to act in the capacity of a contractor without being duly registered or certified. ORDER OF THE BOARD In determining the amount of the administrative penalty to be imposed by the Board, it has considered the gravity of the violation, the actions taken by the violator to correct the violation plus any previous violations committed by the violator and upon consideration of these factors and the relevant evidence presented to the Board. Upon motion made and seconded, and a vote of 7 in favor and 0 opposed, a unanimous vote, the Board hereby ORDERS: 1. Imposition of a civil penalty in the amount of $2,000.00 per citation. 2. A certified copy of this order may be recorded in the public records of Collier County, Florida, which constitutes a lien on the Respondent's real and personal property as provided by law. 3. Collier County may, at its sole option, petition the Circuit Court to enforce this order through the Sheriffs of the State of Florida in the same manner as any civil court judgment, including a levy on personal property. 4. After three (3) months have elapsed from the filing of this Order as a lien, and should the order remain unpaid, the Board may authorize the County Attorney for Collier County to foreclose on the lien. DONE AND ORDERED this 18th dav otlDecember. 2024 at Collier County, Florida co CT S'LICEN ING BOARD COLLI CO TY, FL IDA By Stephe Jaron, Ch an 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, Barak Bower, 4616 Golden Gate Pkwy, Naples, FL 341 16, and lvlichael Bogert, Licensing 34103 on this Com plia nce Supervisor.2800 North Horseshoe Drive. Naples. FL day ot 7.<L,ffi9 ZoM / Contractors' Licensing Board An aggrieved party, including the Board of County Commissioners of Collier Cou nty, Florida, may appeal th is Order to the Circu it Court. An appeal ofthis Order shall be filed within thirty (30) days of the execution of this Order. Ftorida Law requires S c 3 ATTENTION: 4 that the appeal shall not be a hearing de novo but shall be limited to an appellate review of the record created before the Contractors’ Licensing Board.