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CLB Backup Documents 4/16/20251 Findings of Fact, Conclusions of Law and Decision of the 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 x Other (specify) Review of Experience THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on April 16, 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 Wilmer Portillo - Everlast Building Contractors, INC 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 Wilmer Portillo was present at the public hearing on April 16, 2025 and was not represented by counsel. 2 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 demonstrated through testimony and evidence presented at this hearing that he lacks sufficient relevant, recent work experience to satisfy the requirements of a license of Building Contractor as set forth in Sec. 22-162 of the 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. 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 9 in favor and 0 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 . 2025 ORDERED by the Contractors Licensing Board effective the 16th day of April, CONTRACTOR'ENSING BOARD COLLIER LORIDA By. Todd Al en, 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 34103 on this 1t day of p+a ,202-E. J 1 Findings of Fact, Conclusions of Law and Decision of the 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 x Other (specify) Review of Experience THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on April 16, 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 Juan Pablo Torrez - We Tile America Inc has submitted an application to the Collier County Contractor Licensing Supervisor, or his designee, for a Certificate of Competency to be issued for Cabinet Installation 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 Juan Pablo Torrez was present at the public hearing on April 16, 2025, and was not represented by counsel. 2 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 demonstrated through testimony and evidence presented at this hearing that he has sufficient relevant, recent work experience to satisfy the requirements of a Cabinet Installation Contractor as set forth in Sec. 22- 162 of the Code of Laws and Ordinances of Collier County, Florida. b. His knowledge of the cabinet installation business is 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 Cabinet Installation Contractor is warranted. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board concludes that the applicant has 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 Cabinet Installation 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 9 in favor and 0 opposed, a unanimous vote of the Board present, the applicant's application for a Certificate of Competency for a Cabinet Installation Contractor is hereby granted without restriction. 2025 ORDERED by the Contractors Licensing Board effective the 16th day of April, CONTRACTO ENSING BOARD COLLIE FLORIDA By: Todd Al Cha irman 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, Licensipg Compliance Supervisor, 2800 North Horseshoe Drive, Naples, FL 34103 on this 2l day ol l^*y' ,2OlF.' -----7- 3 Page 1 of 8 427529.1 1/14/2016 CONTRACTORS’ LICENSING BOARD COLLIER COUNTY, FLORIDA ___________________________________ ) BOARD OF COUNTY COMMISSIONERS ) COLLIER COUNTY, FLORIDA ) ) Petitioner, ) ) Case No: CEMIS20240011865 vs. ) License No. 202400000554 and ) 202400000555 JOHN MCFADDEN, ) MARIANI ENTERPRISES. LLC DBA BLUE LANDSCAPE & OUTDOOR SOLUTIONS ) ) ) Respondent ) ___________________________________ ) ORDER THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on April 16, 2025, for consideration of the Administrative Complaint filed against John McFadden, qualifier of record for MARIANI ENTERPRISES, LLC DBA BLUE LANDSCAPE & OUTDOOR SOLUTIONS, 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: Page 2 of 8 427529.1 1/14/2016 FINDINGS OF FACT 1. That Respondent is licensed as a FENCE ERECTION CONTRACTOR AND PAVING BLOCK CONTRACTOR and the qualifier of record for MARIANI ENTERPRISES, LLC DBA BLUE LANDSCAPE & OUTDOOR SOLUTIONS. 1. That the Board of County Commissioners of Collier County, Florida, is the complainant in this matter. 2. That the Board has jurisdiction over the Respondent, the Respondent was present at the public hearing, and Respondent was represented by counsel. 3. 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. 4. The evidence presented, testimony given, and on the admission of guilt stated by the Respondent as to Count I and Count II, 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 - 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 3 of 8 427529.1 1/14/2016 b. Count II - 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. 5. 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. 6. The Respondent admitted that the allegations are true and correct. 7. The allegations of facts 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 Counts I and II were supported by competent and substantial evidence and this evidence provided clear and convincing proof that the Respondent committed the two violations as set forth in the Administrative Complaint. Respondent admits the Page 4 of 8 427529.1 1/14/2016 allegations in Administrative Complaint 2025-04, numbers 1-13 and Count I (A&B) and Count 2 (A&B) for the purpose of this stipulation and settlement of this matter. 2. The Respondent violated the 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 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 I, 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, and as to Count II, 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.. Page 5 of 8 427529.1 1/14/2016 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 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 Counts I and II, the Respondent is fined $2,000.00 and said fine shall be paid within 60 days or the Respondent’s license shall be automatically revoked. 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 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. Page 6 of 8 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 7 of 8 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 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 April, 2025 Todd Allen, Chair 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 34103, on this Zrl day of /\Aar{,2025 Secretary / Contractors' Licensing Board Page 8 of 8 427529.1 1t14t2016 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 Request to Qualify Second Entity X Other (specify) Probation Review THIS CAUSE came on for public hearing before the Contractor Licensing Board (hereafter Board) on April 16, 2025, for consideration of the Applicant’s compliance with the terms of the probationary license granted to the Applicant on March 20, 2024. The review is for a license as a Painting Contractor. GRANT M. WARK, dba WARK ENTERPRISE LLC (hereinafter “Applicant”) is before the Board for review of his credit score and a determination of whether the Applicant’s credit has improved such as to allow removal of the probationary status of the license, or the license should be denied. 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 Painting Contractor. 2. Based on the credit report supplied by the Applicant to the Licensing Supervisor, a review of the probationary status of the Applicant by the Board is necessary. 2 3. The Applicant was present at the public hearing and was not represented by counsel. 4. The Applicant has not demonstrated to the Board’s satisfaction that the Applicant has improved his creditworthiness to have the probation lifted at this time. 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 not 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 have the probationary status lifted and be issued a license as a Painting 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 8 in favor and 1 opposed, a vote of the Board present, the application for licensure as a Painting Contractor is hereby continued to the May 21, 2025 Board hearing. 2. The subject license will continue on a probationary term for review at the May 21, 2025 Contractor Licensing Meeting. At that time the Applicant shall provide an updated credit report to the Contractor Licensing Supervisor, or his designee, evidencing his current credit score, and evidence of payment plans in place with all delinquent creditors The Board will review that evidence and decide what next steps are appropriate. ORDERED by the Contractor Licensing Board effective the 16th day of April 2025 CONTRACTO ENSING BOARD , FLORIDACOLLIER C By: T dA , Chairman Y<--- Secretary/Contractor Licensing Board 3 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 at day of ;-,*y' 202,6______7- Page 1 of 8 427529.1 1/14/2016 CONTRACTORS’ LICENSING BOARD COLLIER COUNTY, FLORIDA ___________________________________ ) BOARD OF COUNTY COMMISSIONERS ) COLLIER COUNTY, FLORIDA ) ) Petitioner, ) ) Case No: 2025-06 CEMIS20240006369 vs. ) License No. LCC20190000604 ) ALESSANDRO TURINCIO, ) FLORIDA PLUMBING & WATER SOLUTIONS, LLC ) ) ) Respondent ) ___________________________________ ) ORDER THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on April 16, 2025, for consideration of the Administrative Complaint filed against ALESSANDRO TURINCIO, a State Certified Plumbing Contractor, qualifier of record for FLORIDA PLUMBING & WATER SOLUTIONS, 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: Page 2 of 8 427529.1 1/14/2016 FINDINGS OF FACT 1. That Respondent is licensed as a SPECIALTY LICENSE OF PLUMBING Contractor and the qualifier of record for FLORIDA PLUMBING & WATER SOLUTIONS, 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 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 Laws and Ordinances Section 22-201 (2), which states in pertinent part, that it is misconduct by a holder of a State of Florida license to willfully violate the applicable building codes or laws of the state, city or Collier County. Page 3 of 8 427529.1 1/14/2016 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 building official testified that the violation was considered a willful violation of the Florida Building Code as adopted by Collier County. 8. The Respondent admitted that he committed the violation and knew his actions were in violation. 9. The allegations of facts 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 Page 4 of 8 427529.1 1/14/2016 by acting in violation of the sections set out with particularity in the Administrative Compliant. The Respondent admits his guilt as to Count I. 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 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 I. Pursuant to Collier County Code of Laws and Ordinances, Chapter 22, Article V, Division 3, Section 22-203 (b) (1), 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 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 if ordered to acquire a permit for the subject work and complete the permit within 60 days of this hearing. Failure to do so will result in suspension of Respondent’s permit pulling privileges in Collier County, Naples, Page 5 of 8 427529.1 1/14/2016 Everglades City and Marco Island and a requirement to appear in front of this Board for potential further action. 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 grounds that the decision was contrary to the evidence or that the hearing involved an error in 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 Page 6 of 8 427529.1 1/14/2016 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. 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 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. 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 effective th ay of April, 2025 Page 7 of 8 4275291 1t'1412016 Todd Allen, Chair 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 34103, on this LI day of tl,tat/ ,2025 Secretary / Contractors' Licensing Board Page 8 of B 4275291 111412016 1 Findings of Fact, Conclusions of Law and Decision of the 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 x Other (specify) Review of Experience THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on April 16, 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 Alain Marien - TMG Group LLC has submitted an application to the Collier County Contractor Licensing Supervisor, or his designee, for a Certificate of Competency to be issued for the specialty license of Electrical 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 Alain Marien was present at the public hearing on April 16, 2025 and was not represented by counsel. 2 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 demonstrated through testimony and evidence presented at this hearing that he has sufficient relevant, recent work experience to satisfy the requirements of a specialty license of Electrical Contractor as set forth in Sec. 22-162 of the Code of Laws and Ordinances of Collier County, Florida. b. His knowledge of the electrical business is 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 specialty license of Electrical Contractor is warranted, subject to restrictions. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board concludes that the applicant has 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 specialty license of Electrical 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 majority vote of the Board present, the applicant's application for a Certificate of Competency for a specialty license of Electrical Contractor is hereby granted, subject to a 24-month probationary period . ORDERED by the Contractors Licensing Board effective the 16th day of April, 2025. CONTRACTOR'ENSING BOARD COLLIER LORIDA By: T a irman 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, Licen_sing Compliance Supervisor, 2800 North Horseshoe Drive, Naples, FL 34103 on this A- day of M ary , 2OX. / 3