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CLB Backup Documents 6/18/2025Findings of Fact, Conclusions of Law and Decision ofthe Board Gollier County Contractors' Licensing Board For Applications Submitted to the Board for Review THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on June 18, 2025, for consideration of the application submitted to the Board for review. The type of application is set forth below. 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 Diego Benjamin Paredes - WALLS HOMES has submitted an application to the Collier County Contractor Licensing Supervisor, or his designee, for a Certificate of Competency to be issued for the license of Building Contractor. 2. That pursuant to Section 22-184(b) of the Code of Laws and Ordinances of Collier County, Florida, applications which do not appear on their face to be sufficient require referral to the Board for a decision regarding approval or denial of said application. 3. That the Board has jurisdiction over this matter and Diego Benjamin Paredes was present at the public hearing on June 18,2025 and was not represented by counsel. 1 Type of Application: Credit Report Review Waiver of Testing Requirements Reinstatement of License Request to Qualify Second Entityx Other (specify) Review of Experience 4. All notices required by the Code of Laws and Ordinances of Collier County, Florida, have been properly issued. 5. The facts in this case are found to be: a. Applicant has not demonstrated through testimony and evidence presented at this hearing that he has sufficient relevant, recent work experience to satisfy the requirements of a license of Building Contractor as set forth in Sec. 22-162 ofthe Code of Laws and Ordinances of Collier County, Florida. b. His knowledge of the building business is not adequate, when combined with his full application to protect the public health and safety of the citizens of Collier County, such that the issuance of a Certificate of Competency for a license of Building Contractor is not warranted. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board concludes that the applicant has not met the requirements and standards set out in the Code of Laws and Ordinances of Collier County, Florida, to be issued a Certificate of Competency for a license of Building Contractor. ORDE E BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 489, Florida Statutes, and Section 22-'184(b) of the Code of Laws and Ordinances of Collier County, Florida, by a vote of g in favor and O opposed, a unanimous vote of the Board present, the applicant's application for a Certificate of Competency for a license of Building Contractor is hereby denied. 2 2025 ORDERED by the Contractors Licensing Board effective the 18th day of June, CONTRACTO ENSING BOARD COLLIER FLORIDA odd Allen, Chairman Secretary/Contractor's Licensing 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 the Applicant, and Tim Crotts, Licensing Compliance Supervisor, 2800 North Horseshoe Drive. Naples, FL 34104 on this 17 day of l)r,vr V . 202j$ f 3 Findings of Fact, Conclusions of Law and Decision ofthe Board Collier County Contractors' Licensing Board For Applications Submitted to the Board for Review Type of Application: Credit Report Review Waiver of Testing Requirements Reinstatement of License Request to Qualify Second Entity Other (specify) Review of Experience X THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on June 18, 2025,1or consideration of the application submitted to the Board for review. The type of application is set forth below. 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 Wayne Gonzalez - WG Construction Enterprise lnc has submitted an application to the Collier County Contractor Licensing Supervisor, or his designee, for a Certificate of Competency to be issued for the license of Residential Contractor. 2. rhat pursuant to section 22-184(b) of the code of Laws and ordinances of collier county, Florida, applications which do not appear on their face to be sufficient require referral to the Board for a decision regarding approval or denial of said application. 3. That the Board has jurisdiction over this matter and wayne Gonzalez was present atthepublichearingonJunels,2o2Sandwasnotrepresentedbycounsel. 1 4. All notices required by lhe Code of Laws and Ordinances of collier county, Florida, have been properly issued. 5. The facts in this case are found to be: a. Applicant has not demonstrated through testimony and evidence presented at this hearing that he has sufficient relevant, recent work experience to satisfy the requirements of a license of Residential Contractor as set forth in Sec. 22-162 of the Code of Laws and Ordinances of Collier County, Florida. b. His knowledge of the Residential contracting business is not adequate, when combined with his full application to protect the public health and safety of the citizens of Collier County, such that the issuance of a Certificate of Competency for a license of Residential Contractor is not warranted. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board concludes that the applicant has not met the requirements and standards set out in the Code of Laws and Ordinances of Collier County, Florida, to be issued a Certificate of Competency for a license of Residential 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 Section 22-184(b) of the Code of Laws and Ordinances of Collier County, Florida, by a vote of 8 in favor and 1 opposed, a 2 majority vote of the Board present, the applicant's application for a Certificate of Competency for a license of Residential Contractor is hereby denied without restriction. ORDERED by the Contractors Licensing Board effective the 18th day of June, 2025. CONTRACTOR'S ING BOARD COLLIER COU DA By AI hairman 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 Applicant, and Tim Crotts, Licensing Compliance Supervisor, 2800 North Horseshoe Drive, Naples, FL34104 on this 17 day of Jrny ,20?5. nbT Secreta ry/Contractor's Licensing Board 3 CONTRACTORS' LICENSI NG BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNry CONTMlSSIONERS COLLIER COUNry, FLORIDA Petitioner VS Case No: 2025-7 License No. LCC20220002072 CEtvl1520250002539 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Glen l/ontgomery, Premier Landscape and Pool Design Respondent THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on June 18, 2025, for consideration of the Administrative Complaint filed against Glen Montgomery, qualifier of record for Premier Landscape and Pool Design, 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: ORDER Page 1 of8 427529.1 111412016 1. That Respondent is licensed as a SPECIALTY LICENSE OF LANDSCAPING RESTRICTED Contractor License No LCC20220002072 CEM1S20250002539 and the qualifier of record for PREMIER LANDSCAPE AND POOL DESIGN, LLC. 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 o't 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 Counts I and ll, 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 - violation of The Code of Laws and Ordinances of Collier County, Florida Section 22-201 (2), which states, in pertinent part, that it is misconduct for a holder of a Collier County Certificate of Competency to contract to do any work outside of the scope of his/her competency as listed Page 2 of B 421529.1 1/14t2016 FINDINGS OF FACT on his/her competency card and as defined in this ordinance or as restricted by the Conkactors' Licensing Board. b. Count ll - violation of Collier County Code of Laws and Ordinances Section 22-201(18), which states, in pertinent part, that it is misconduct by a holder of a Collier County Certificate of Competency, to proceed on any job without obtaining applicable permits or inspections from the City building and zoning division or the County building review and permitting department. 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. CONCLUSIO NS OF LAW 1. The facts as alleged and set forth in the Administrative Complaint as to Counts I and llwere supported by competent and substantial evidence and this evidence provided clear and convincing proof that the Respondent committed the 2 violations as set forth in the Administrative Complaint. Page 3 of 8 427529.1 1t14t2016 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. 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 9 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 Gount l, violation of The Code of Laws and Ordinances of Collier County, Florida Section 22-201 (21, which states, in pertinent part, that it is misconduct for a holder of a Collier County Certificate of Competency to contract to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this ordinance or as restricted by the Contractors' Licensing Board. , and as to Count ll, violation of Collier Gounty Code of Laws and Ordinances Section 22- 201(181, which states, in pertinent part, that it is misconduct by a holder of a Collier County Certificate of Competency, to proceed on any job without obtaining applicable permits or inspections from the City building and zoning division or the County building review and permitting department. Page 4 of 8 4275291 111412016 ORDER OF THE BOARD 2. As to Count 2, the Respondent is fined an additional $1,000.00 and said fine shall be paid within thirty (30) days or the Respondent's license shall be automatically revoked. lf the Respondent obtains a Permit for Count I within 30 days this fine will be waived. 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 speciflT Page 5 of B 4275251 th4t2016 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 9 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 is fined $1,000.00 and said fine shall be paid within thirty (30) days or the Respondent's license shall be automatically revoked. 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. lf 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(9)(9).lf there has been a re-hearing request granted, the appeal Page 6 of 8 4275291 1t14t2016 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. ln the event that the Respondent elects to appeal, a verbatim record and transcript of the proceedings will be necessary. lt shall be the sole responsibllity 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. ln 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 lndustry Licensing Board. Such challenge must be filed within sixty (60) days of the issuance of the recommended penalty to the State Construction lndustry Licensing Board in Tallahassee, Florida. lf 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. Page 7 of B 427529.11t14t2016 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 effective the 18th day of June, 2025 d Allen, Ch Contractors' Licensing 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, FL 34104, on this day of 2025 Secretary / Contractors' Licensing Board Page 8 of 8 427529.1 1t14t2016 v'\ CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, Case No: 2025-08 License No. 1CC20220002072 CEMts20250005003 VS Glen Montgomery, Premier Landscape and Pool Design Respondent THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on June 18, 2025, for consideration of the Administrative Complaint filed against Glen Montgomery, qualifier of record for Premier Landscape and Pool Design, 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER Page '1 of 7 4275291 1t14t2A16 FINDINGS OF FACT 1. That Respondent is licensed as a SPECIALW LICENSE OF LANDSCAPING RESTRICTED Contractor and the qualifier of record for PREMIER LANDSCAPE AND POOL DESIGN, LLC. 2. That the Board of County Commissioners of Collier County, Florida, is the complainant in this matter. 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 lhe Code of Laws and Ordinances of Collier County, Florida. 5. The evidence presented, sworn 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 - violation of The Code of Laws and Ordinances of Collier County, Florida Section 22-201 (2), which states, in pertinent part, that it is misconduct for a holder of a Collier County Certificate of Competency to contract to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this ordinance or as restricted by the Contractors' Licensing Board. Page 2 ot 7 4275291 1114t2016 3. That the Board has jurisdiction over the Respondent, the Respondent was present at the public hearing, and Respondent was not represented by counsel. 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. 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 1 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. Page 3 of 7 427529.1 111412016 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 9 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 l, violation of The Code of Laws and Ordinances of Gollier County, Florida Section 22-201 l2), which states, in pertinent part, that it is misconduct for a holder of a Collier County Certificate of Competency to contract to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this ordinance or as restricted by the Contractors' Licensing Board. Upon motion made and seconded and consideration of the following factors; 1. Gravity of the violation, 2. lmpact 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 8 in favor and 1 opposed, a majority 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 is fined 91,000.00 and said fine shall be paid within thirty (30) days or a lien will be placed on the Respondent to secure payment of the penalty. Page 4 of 7 4275291 111412A16 ORDER OF THE BOARD 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. lf 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 5 of 7 4275291 1114t2016 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). lf there has been a re-hearing request granted, the appeal shall be filed with the Circuit Court and served on the parties within thifi (30) days of the mailing of the re-hearing decision under Code of Laws and Ordinances of Collier County, Florida, Section 22-205. ln the event that the Respondent elects to appeal, a verbatim record and transcript of the proceedings will be necessary. lt 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. ln 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 lndustry Licensing Board. Such challenge must be filed within sixty (60) days of the issuance of the recommended penalty to the State Construction lndustry Licensing Board in Tallahassee, Florida. lf 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 Page 6 of 7 4275291 1t14t2016 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 l\Ionroe 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 effective day of June, 2025. Todd Al r Contractors' Licensing 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, FL 34104, on this t7 day of dr-t rf , 2O2s' ------T- Secretary / Contractors' Licensing Board Page 7 of7 427529.1 1t14t2016