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10/20241 Findings of Fact, Conclusions of Law and Decision of the Board Collier County Contractor Licensing Board For Applications Submitted to the Board for Review Type of Application: X Credit Report Review Waiver of Testing Requirements Reinstatement of License Request to Qualify Second Entity Other (specify) THIS CAUSE came on for public hearing before the Contractor Licensing Board (hereafter Board) on October 16, 2024, for consideration of an application submitted to the Board for review. The application submitted is for a license as a Drywall Contractor. Edgar Hernandez-Perez, dba Goliath Drywall Installation & Finish LLC (hereinafter “Applicant”) is before the Board for review of his credit score and a determination of whether the Applicant’s credit should prevent the license from being issued to the Applicant. The Board, having heard testimony under oath, received other evidence, and heard arguments relative to all appropriate matters thereupon, issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: FINDINGS OF FACT 1. The Applicant applied to the Collier County Contractor Licensing Supervisor, or his designee, for issuance of a license as a Drywall Contractor. 2. Based on the credit report supplied by the Applicant to the Licensing Supervisor, a review of the creditworthiness of the Applicant by the Board is necessary. 3. The Applicant was present at the public hearing and was not represented by counsel. 2 4. The Applicant has demonstrated to the Board’s satisfaction that the Applicant has improved his creditworthiness to be issued the subject license subject to certain restrictions. CONCLUSIONS OF LAW 1. All notices required by the Code of Laws and Ordinances of Collier County, as amended, have been properly issued and the Board has jurisdiction over the matter. 2. Pursuant to Section 22-184(b) of the Code of Laws and Ordinances of Collier County, as amended, the subject application met the requirement(s) requiring Board review and approval of the application. 3. The Applicant has sufficiently demonstrated to the Board that he meets the creditworthiness standard(s) as set out in Code of Laws and Ordinances of Collier County, as amended, to be issued a license as a Drywall Contractor subject to certain restrictions. ORDER OF THE BOARD 1. Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted as applicable in Chapter 489, Florida Statutes, and Code of Laws and Ordinances of Collier County, as amended, by a vote of 5 in favor and 1 opposed, a majority vote of the Board present, the application for licensure as a Drywall Contractor is hereby granted. 2. The subject license is placed on a probationary term for up to twelve (12) months. Within thirty (30) days Applicant will provide information that payoffs or payment plans have been established with all charged off and delinquent creditors. Within six (6) months the Applicant shall provide an updated credit report to the Contractor Licensing 3 Supervisor, or his designee, evidencing an improved credit score with no new delinquencies or non-payments. If the credit score is 660 or greater the probationary term shall be automatically lifted. If the score is not 660 or greater at the six (6) months period, the Applicant shall provide a second updated credit report to the Contractor Licensing Supervisor, or his designee, at twelve (12) months. If the credit report is 660 or greater the probationary period shall be automatically lifted. If the score has not improved to at least 660 the Applicant shall appear back before this Board to explain the reason(s) the score is below the 660 minimum requirement. ORDERED by the Contractor Licensing Board effective the 16th day of October, 2024. CONTRACTOR LICENSING BOARD COLLIER COUNTY, FLORIDA By: Stephen M. Jaron, Chairman 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 Applicant, and Timothy Crotts, Contractor Licensing Supervisor, 2800 North Horseshoe Drive, Naples, FL 34103 on this ____________ day of ___________ 20___. Secretary/Contractor Licensing Board 1 Findings of Fact, Conclusions of Law and Decision of the Board Collier County Contractor Licensing Board For Applications Submitted to the Board for Review Type of Application: Credit Report Review Waiver of Testing Requirements Reinstatement of License X Request to Qualify Second Entity Other (specify) THIS CAUSE came on for public hearing before the Contractor Licensing Board (hereafter Board) on October 16, 2024, for consideration of the application submitted to Board for review. The type of application is set out above. The Board having heard testimony under oath, received evidence, and heard arguments relative 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 Joseph Molter (the “Applicant”) is currently the qualifier for Molter Landscape, lnc. and has submitted an application to qualify a second entity named Naples Irrigation Repair LLC to the Collier County Contractor Licensing Supervisor or his designee, under his Irrigation Sprinkler License. 2. That pursuant to Section 22-182(a)(2) of the Code of Laws and Ordinances of Collier County, as amended, a qualifying agent may qualify no more than one firm, practicing the same trade, without prior approval of the Contractors’ Licensing Board. 3. That the Board has jurisdiction over this matter and that Applicant was present at the public hearing held and was not represented by counsel. 4. All notices required by the Code of Laws and Ordinances of Collier County, as amended, have been properly issued. 5. That there are sufficient safeguards for the Applicant to act as the qualifier for the second entity Naples lrrigation Repair LLC utilizing his lrrigation Sprinkler Contractor license. CONCLUSIONS OF LAW 1. Based upon the foregoing facts, the application to qualify a second entity under the Applicant's lrrigation Sprinkler Contractor license is laMul and appropriate. ORDER OF THE BOARD 1. Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 4Bg, Florida Statutes, and Code of Laws and Ordinances of Collier County, as amended, by a vote of 6 in favor and 0 opposed, a unanimous vote of the Board present, the Applicant's request to qualify second entity Naples lrrigation Repair LLC utilizing his lrrigation Sprinkler Contractor license is granted ORDERED by the Contractors Licensing Board effective the 16th day of October, 2024. CONT R'S LICENSING BOARD COL Nry, F ORIDA By. Steph M. Ja hair 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 the 2 Applicant, and Timothy Drive, Naples, FL 3410 2800 North Horseshoe 2q4i ry/Contractor's Licensing Board 3 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: CEMIS20240004396 vs. ) License No. 28576 ) MAHARAI DACOSTA, ) d/b/a NOVA HOMES OF SOUTH FLORIDA INC ) ) ) Respondent ) ___________________________________ ) AMENDED ORDER THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on October 16, 2024, for consideration of the Administrative Complaint filed against MAHARAI DACOSTA, qualifier of record for NOVA HOMES OF SOUTH FLORIDA INC, 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 STATE CERTIFIED GENERAL CONTRACTOR Contractor and the qualifier of record for NOVA HOMES OF SOUTH FLORIDA INC. 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 represented by counsel Cary Goggin. 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 (2) which dates in pertinent part, that witlfully violating the applicable building codes or laws of the state. city or Collier County shall constihrta rnisconduct 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. Page 3 of 7 427529.1 1/14/2016 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. 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 one 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 5 in favor and 1 opposed, a majority 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 as to Count I, in violation of Collier County Code of law and ordinances Section 22-201.1 (2) which states Page 4 of 7 427529.1 1/14/2016 in pertinent part, that witlfully violating the applicable building codes or laws of the state. city or Collier County 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 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 6 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 complete the project and obtain a certificate of occupancy/completion for the property that is the subject of this violation within 60 days. If the project had not obtained a certificate of completion/occupancy within 60 days, the Respondent’s permit pulling privileges will be revoked until the project has achieved obtained a certificate of completion/occupancy. If project is delayed, Respondent may petition the board for additional time. 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. Page 5 of 7 427529.1 1/14/2016 A request for rehearing must be based only on the grounds 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 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 Page 6 of 7 427529.1 1/14/2016 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 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 lndustry 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 Appealwith 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 16th day of October, phe . Jaron Co rs' Lice Board 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, FL34103, on this IL day of 2024 ry / Contractors' Licensing Board Page 7 of7 427529.1 1/1412016 2024. tk-