CLB Agenda 03/18/2009CONTRACTORS’
LICENSING
BOARD
AGENDA
March 18, 2009
AGENDA
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
DATE: WEDNESDAY - MARCH 18,2009
TIME: 9:00 A.M.
W. HARMON TURNER BUILDING
(ADMINISTRATION BUILDING)
COURTHOUSE COMPLEX
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE
PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
I. ROLL CALL
II. ADDITIONS OR DELETIONS:
III. APPROVAL OF AGENDA:
IV. APPROVAL OF MINUTES:
DATE: FEBRUARY 18, 2009
V. DISCUSSION:
End of the Month Report - February 2009
VI. NEW BUSINESS:
Earl A. Carron III - Contesting Citation
Noel Agosto, Jr. - Review of Credit Report
Dennis Gibbs - Contesting Citation (PENALTY PAID)
Cedric Eckenrode - Contesting Citation
Alberto Trevino - Contesting Citation
VII. OLD BUSINESS:
Calvert N. Courtney II - Third Party Balance Sheet & Profit Loss Statement
VIII. PUBLIC HEARINGS:
Case #2009-05
Charles C. Willey
D/B/A: B & W Paving Contractors of S.w. FL., Inc.
Case #2009-06
Jesus Segura-Ortega
D/B/A: Screen Man of S.W. FL., Inc.
IX. REPORTS:
X. NEXT MEETING DATE:
WEDNESDAY APRIL 15, 2009
W. HARMON TURNER BUILDING, 3RD FLOOR
(COMMISSIONERS MEETING ROOM)
3301 E. TAMIAMI TRAIL
NAPLES, FL. 34112
(COURTHOUSE COMPLEX)
~ "
February 18, 2009
TRANSCRIPT OF THE MEETING OF THE
CONTRACTORS' LICENSING BOARD
OF COLLIER COUNTY
Naples, Florida
February 18, 2009
LET IT BE REMEMBERED, that the Contractor Licensing
Board, in and for the County of Collier, having conducted business
herein, met on this date at 9:00 a.m. in REGULAR SESSION in
Building "F" of the Government Complex, East Naples, Florida, with
the following members present:
CHAIRMAN:
Richard Joslin
Michael Boyd
Eric Guite'
Lee Horn
Terry J erulle
Thomas Lykos
ALSO PRESENT:
Patrick Neale, Attorney for the CLB
Robert Zachary, Assistant County Attorney
Michael Ossorio, Contractor Licensing Supervisor
Page 1
February 18,2009
CHAIRMAN JOSLIN: I'd like to call to order the February 18th,
2009 meeting of the Collier County Contracting Licensing Board.
Any person who decides to appeal a decision of this board will
need a record of the proceedings pertaining thereto and, therefore,
may need to ensure that a verbatim record of the proceedings is made,
which record includes that testimony and evidence upon which the
appeal is to be based.
To open the meeting, I'd like to start with roll call starting to my
right.
MR. JERULLE: Terry Jerulle.
MR. L YKOS: Tom Lykos.
MR. JOSLIN: Richard Joslin.
MR. BOYD: Michael Boyd.
MR. GUITE': Eric Guite'.
MR. HORN: Lee Horn.
CHAIRMAN JOSLIN: Thank you all, gentleman, for showing
up today and making it almost a full board.
Any additions or deletions to the agenda, staff?
MR. JACKSON: Staff has no changes to the agenda.
CHAIRMAN JOSLIN: Very good.
All right, gentleman, if all the board members have read the last
month's minutes of last month's meeting.
MR. L YKOS : Well, how about if I make a motion to approve
the agenda.
CHAIRMAN JOSLIN: Okay, if you'd like to do that.
MR. GUITE': I'll second it.
CHAIRMAN JOSLIN: Got a motion and a second. All in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
Page 2
February 18,2009
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries.
And now we'll go to the approval of the minutes. If everyone has
read them. Any changes or deletions or additions anyone noticed?
MR. GUITE': I'll make a motion to approve.
CHAIRMAN JOSLIN: We've got a motion.
MR. BOYD: Second, Boyd.
CHAIRMAN JOSLIN: Second, Mr. Boyd.
All in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries.
Under discussion. I suppose, Mr. Ossorio, you're going to
present this end of the month report?
MR. OSSORIO: Good morning, Mr. Chairman. Michael
Ossorio, Contracting Licensing Supervisor.
Over the last couple of months I've been telling the board that
we're going to be giving you an update, a monthly update. I know that
we've been doing a yearly update, but I figure that since you make
recommendations to the Board of County Commissioners referencing
our fees and how we regulate our fees, I thought we should at this time
give you a monthly report.
And with that, it is what it is, and I have no questions other than
to tell you that we're looking at October, November, December and
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February 18,2009
January for this year. So --
CHAIRMAN JOSLIN: Looks like it's been a sizeable amount of
dollars and cents have gone through. You guys must be busy in the
field, huh?
MR. OSSORIO: We do. I think we've issued -- we're referencing
issuing about 75 citations a month. And with that, we bring people in
compliance. In other words, if they're not licensed, they come take the
exam, get the books and we process them for a new license.
CHAIRMAN JOSLIN: So in the future what we're going to see
is a monthly report each month for each meeting?
MR. OSSORIO: Every month.
CHAIRMAN JOSLIN: Every month.
MR. OSSORIO: Until you get tired of looking at it and tell me
you don't want to see it anymore.
CHAIRMAN JOSLIN: No, that's fine, I like to see it.
MR. L YKOS: Thank you.
CHAIRMAN JOSLIN: All right, next item on the agenda is your
annual ethics coverage for the Sunshine Law.
Gentlemen, this is all in your packets this month. And this is the
code of ethics for Collier County and the Florida Commission on
Ethics. Just so that you're aware that there are some things that you
can and cannot do. Some things that are listed in here are for all the
advisory boards that service Collier County and all of its different
boards.
I suggest that you take a moment out of your time and try to read
through this and just get some of the ideas as far as things that you can
and cannot say.
If you have any questions, feel free to call Mr. Neale on his
phone, cell phone, probably, because he'll answer those questions for
you, I'm sure.
MR. NEALE: I'll be glad to.
CHAIRMAN JOSLIN: Any other questions on that?
Page 4
, .-
February 18,2009
(No response.)
CHAIRMAN JOSLIN: All right, we'll move right along.
We'll go into new business.
MR. NEALE: Mr. Joslin?
CHAIRMAN JOSLIN: Yes.
MR. NEALE: One suggestion I'd like to make just before we get
into new business is that -- because I think everyone knows Mr.
Dickson resigned as a member of the board over the past month.
CHAIRMAN JOSLIN: Yes.
MR. NEALE: And because of his long service, I'd just suggest
that the board possibly recognize that and maybe recognize him in a
letter or something like that going forward.
CHAIRMAN JOSLIN: Okay. Is there a letter that can be
transposed? You want me to make it up or do you want to write it out
and I'll send it?
MR. NEALE: You know, I'd be happy to take a shot at it and
maybe have you and the board endorse it. Because, you know, Mr.
Dickson did serve for a long time. And I think all of us greatly
appreciated and respected his knowledge and support of the board, so
CHAIRMAN JOSLIN: That is correct.
Those of you who don't know Mr. Dickson, he's been on this
board for approximately 20 years, and I served under him as vice chair
for 10 of those years. And unfortunately Mr. Dickson had to resign
due to some issues that he didn't feel comfortable with being on the
board or couldn't be on the board any longer. He's going to be a body
on the board that -- for a roofing contractor that's going to be very
highly missed for sure because of his input and because of his
knowledge of the trades that he has presented. And also as chairman,
being able to carry on the meetings in a manner that kept the meeting
flowing, in which I'm going to try to take this spot and try to do the
same.
Page 5
February 18,2009
Anyway, I would appreciate that letter, that would be very nice.
And I commend Mr. Dickson for all the years of his service.
MR. OSSORIO: Mr. Chairman, while we're on the subject of
Mr. Dickson, Mr. Herriman has e-mailed me this morning, and he has
sent his letter of resignation as well. He has some personal issues he
has to take care of.
With that said, we need a consumer. I'll be talking to Mrs. Filson
today. Tomorrow, I believe, the 19th will be Mr. Dickson's postings.
So if any contractor out there wishes to serve on this licensing board,
can make application to the Board of County Commissioners under
the manager's office.
CHAIRMAN JOSLIN: All right. So that means on the board
right now we are short three members?
MR. OSSORIO: Two consumers, one contractor.
CHAIRMAN JOSLIN: All right. Maybe I'll put out to the City
of Naples, I believe that's one of them, and also City of Marco, that's
another one, as well as a contractor in Collier County, that the minutes
can read that we're going to try to go through some chain of
commands here so we can try to get someone to approve getting
someone on the board from either City of Marco or City of Naples.
If that can't be done, and if they don't find anyone, possibly we
can go into the Collier County area and try to find someone to replace
the members on the board. We do need a full board. And if there's no
one available to serve from those two cities, then I think it would be
good to try to get someone in the county.
MR. OSSORIO: I know that -- I did get a communication from
the City of Naples, and they are going to recommend or they have
recommended reappointment of Eric Guite' to the licensing board, and
then it gets final approval from the Board of County Commissioners.
I know that the City of Naples has been working very hard on
getting a consumer for a replacement of Ann Keller. That has failed,
in my opinion. It's been over six months.
Page 6
February 18, 2009
MR. JOSLIN: Or longer.
MR. OSSORIO: I was hoping to get some guidance from Pat
Neale or Robert Zachary and see if we can divert it and maybe send a
letter to the City of Naples and see if they can't find it, maybe they
defer to us so we can advertise it through Collier County and see what
we can catch.
CHAIRMAN JOSLIN: Does that sound like something that, Mr.
Neale, you could handle for us, or at least start the process rolling?
MR. NEALE: Sure.
MR. L YKOS: I'll also have --
MR. NEALE: I'll contact the City of Marco as well. City of
Naples and City of Marco.
MR. OSSORIO: Please.
MR. L YKOS: I'll also have an e-mail go out to all the CBIA
members, there's obviously a collection of contractors there, and I'll
make sure we get the word out to CBIA.
MR. OSSORIO: I think that getting a replacement for, you
know, a contractor is going to be very simple. I mean, I've already had
communication with six or seven contractors who want to get on this
licensing board. So we'll work it through it.
CHAIRMAN JOSLIN: It appears to be that the consumers is a
problem, or the area that we're short on.
MR. L YKOS: If I understand right, the consumer cannot have
any affiliation with our industry, correct?
MR. OSSORIO: That's correct.
CHAIRMAN JOSLIN: Right.
Okay, moving right along then, open new business.
Is there a Damarys Silva here?
(No response.)
CHAIRMAN JOSLIN: No. Okay, I'm going to just table this for
a moment and then I'll put it on the back page and maybe she'll show
up in the future. Maybe traffic.
Page 7
February 18,2009
How about a Michelle Ughi?
MS. UGHI: (Indicating.)
CHAIRMAN JOSLIN: Would you please come to the podium,
please, and be sworn in.
(Ms. Ughi was duly sworn.)
CHAIRMAN JOSLIN: Ms. Ughi, it appears that you were given
a citation here some time ago and you are contesting the fact of why
you received it?
MS. UGHI: Yes.
CHAIRMAN JOSLIN: Would you like to bring the board--
advise and explain what your situation is?
MS. UGHI: I tried to summarize my position in a letter. I'm not
sure if you have received it.
But basically I had -- I'm new to contractor license. I had
renewed -- I had been given notification in the mail and renewed my
business license and thought that that included everything.
And on the day that I found out that that wasn't the case, because
I received a letter from the Contracting Licensing Board that my
license would be suspended because I hadn't renewed with them, I
immediately went in to the office to find out what paperwork I needed
to file.
At the same time that I was doing that, a painting job that I had,
had gotten the citation.
And you'll see with the dates that the same day that I went to the
contracting office -- I was able to get all my paperwork together and
by that afternoon I was able to submit everything and they cleared my
license. I think that would be the expression, cleared my license.
So I was just respectfully asking if I could be excused from
paying the ticket.
CHAIRMAN JOSLIN: Okay. This is a pressure washing and
painting license; is that correct?
MS. UGHI: Yes.
Page 8
February 18,2009
CHAIRMAN JOSLIN: Okay, at this time, it looks like Karen
Clements, you were the one that issued -- officer that issued the
citation. Would you come up, please, and explain what went on that
day.
MS. CLEMENTS: Yes, I was on my patrol and came across--
THE COURT REPORTER: I'm sorry, may I swear you in first,
please.
(Speaker was duly sworn.)
MS. CLEMENTS: I saw the Classic Painting van and so I
stopped and put it into my computer and it came back that the license
was canceled.
I went up to the door and talked to the gentleman that was doing
the painting, let him know that the license was canceled. And at that
point I gave the citation.
CHAIRMAN JOSLIN: On that note, did -- you mentioned that
someone else was doing the work other than Mrs. U ghi, correct?
MS. CLEMENTS: Right. It was Reuben Rivera.
CHAIRMAN JOSLIN: Is this a license, staff, that would
nominally have to have insurance of some type in order to cover
someone's pressure washing?
MR. OSSORIO: If your painting's considered construction, you
would need workers' compo or have to have an exemption of 10
percent ownership of the company. I believe there -- she does have a
workers' compo policy.
CHAIRMAN JOSLIN: You do?
MS. CLEMENTS: But however --
MS. UGHI: I'm exempt, and I have a policy.
MS. CLEMENTS: At the time it wasn't in effect. There was only
a workers' compo So when I saw that there was someone else, and I
checked on sunbiz.org, found out that he wasn't 10 percent of the
company, there was a violation there also. I could have given two
citations, I only gave him one.
Page 9
February 18,2009
CHAIRMAN JOSLIN: So at the time of the citation, then, there
was no real workmen's compo policy in effect; is that the case?
MS. UGHI: Possibly it wasn't on file, but it was in effect.
MS. CLEMENTS: I actually a few weeks later in the same area
found the same van again and stopped, and there still was no workers'
compo in the system. I stayed at the job site about a half an hour to 40
minutes, waiting for it to get faxed over and it didn't.
I did give Mr. Rivera the citation for not having workers' compo
insurance, but since has been faxed in to us, so I voided that citation,
the second one.
CHAIRMAN JOSLIN: On the policy that you did finally
receive, did it relate back to the date that the first ticket was issued?
MS. CLEMENTS: Yes -- well, it was November 28th of2008. It
just hadn't been in our system.
CHAIRMAN JOSLIN: Okay. Just hadn't been placed in your
system then. So technically then she did have insurance.
MS. CLEMENTS: Right.
MR. L YKOS: So this citation is for the license having gone
suspended.
MS. CLEMENTS: Right. It should have been renewed by
September, and it lapsed. And I found them January 23rd, and the
license had been canceled. Because after December they cancel all
licenses that are not renewed.
MR. L YKOS: So this license had been suspended for three
months, four months, and canceled by the time that you visited the job
site and found the workmen. So it doesn't appear that there's any
problem with the workmen being covered by workers' compo or
anything like that, this is really just an issue about the licensing having
not been renewed and gone suspended at the time that you were on the
job site and found the workmen.
MR. OSSORIO: Mr. Lykos, you're mixing the terms. You have
to renew your license September. October, November, December
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February 18,2009
you're considered delinquent. Come January 1 st, you are suspended.
And then you have 12 months of suspension. And then the following
January you're considered null and void.
She wasn't properly registered, that's why we've issued her a
citation. We've taken a proactive stance. And we didn't need to send
out a suspension letter, but we did because we wanted to make sure
everyone has the opportunity to renew the license, because there's lot
of issues when you get null and void.
She got the letter. She came right in. It's just one of those things
that Karen was out there and saw them working without the license,
and she was in the process of getting a license back. And it's one of
those things, it happens.
CHAIRMAN JOSLIN: Any suggestions from staff as far as the
citations as it stands?
MR. OSSORIO: Well, we like to be consistent. This is not
uncommon. We've issued, I don't know, probably 20 or 30 citations
for this very similar citation for a very similar violation, and they've
all complied, so we take a neutral stance to this issue.
MS. CLEMENTS: I was concerned because he was pressure
washing a tile roof, and when I saw the license was suspended or
canceled and no workers' compo insurance, that's a big red flag.
CHAIRMAN JOSLIN: Sure, I can totally understand that.
Ms. U ghi, you are aware now that as well as your business and
tax license, you also have to register with Collier County to actually
make your license valid. Your business tax is just a tax.
MS. UGHI: Uh-huh, I'm --
CHAIRMAN JOSLIN: You're aware of that now?
MS. UGHI: -- aware of that now, yeah.
I honestly did not know that my license was in any other status
other than active the last quarter of2008. I thought that when I
renewed my business tax, I was taking care of everything. And that's
why as soon as I got the letter I went in to try to resolve it.
Page 11
February 18,2009
CHAIRMAN JOSLIN: How many years have you had this
license?
MS. UGHI: Just about maybe a year and a few months. This
would have been my first renewal period.
CHAIRMAN JOSLIN: Your first renewal period.
MR. OSSORIO: Mr. Chairman, just to let you know, every
person that receives a certificate through our office, they get a letter
from me personally explaining to them what they need to do every
year. And it explains the difference between a business tax and when
you have to renew your certificate with us.
So every new contractor who gets a certificate gets a letter from
me highlighting what they need to do every year. So she probably
received it. Maybe she didn't read it or --
MS. UGHI: Yeah.
MR. OSSORIO: -- something's happened, but we try to give
them a heads-up and let them know when they need to renew their
license.
And plus on the license itself it has you have to renew it.
CHAIRMAN JOSLIN: Yes.
MR. L YKOS: Well, I'd be more lenient if this was something
that happened right after it was suspended, so I'm going to make a
motion that we uphold the citation.
COMMISSIONER HORNIAK: Second, Horn.
CHAIRMAN JOSLIN: I have a motion and a second on the
floor. Is there any discussion?
(No response.)
CHAIRMAN JOSLIN: I would just like to say, okay, first year
in business and the first time that someone renews their license,
sometimes there are bases that are missing. Sometimes there are things
that you aren't aware enough to do it like the old seasoned people that
have had their licenses for many years, you know what you have to
do.
Page 12
February 18,2009
There's no excuse, I understand, but I'd just like to have the
board take into consideration that it is her first time being under
penalty.
And she did have workmen's compo insurance in place and it was
just a matter of paperwork and not going down and paying the fee that
it took to renew it.
MR. JERULLE: I agree. In these economic times, I think we sit
back and look at some of the circumstances surrounding some of these
citations. Not saying that the citations are inappropriate at all. I think
it's appropriate, I'm just wondering if we could look at the amount of
the citation.
Who sets the amounts?
CHAIRMAN JOSLIN: I don't believe so. Mr. Neale, I believe
you could --
MR. NEALE: The problem is -- not the problem, but the
situation is that the statute prescribes that if the board finds the citation
to be valid, that the minimum penalty that can be prescribed is the
penalty set out on the citation.
MR. JERULLE: So we cannot adjust it.
MR. NEALE: You can adjust it up.
MR. JERULLE: Then let me ask a question not pertaining to
this.
Who sets the amount of the citation when it was given?
MR. OSSORIO: Under the contracting licensing ordinance, it
says the first offense is a $300 fine. Second offense is 500.
MR. NEALE: And the maximum under Florida statutes is 1,000.
MR. JERULLE: So there's nothing we can do there.
MR. BOYD: Did she not also pay an extra fee for renewing the
license while it was suspended?
MS. UGHI: Yes.
MR. OSSORIO: Yes. She had to pay her fee and then she had to
pay her penalties and then she came into compliance.
Page 13
February 18,2009
MR. BOYD: So there is a penalty for --
MR. OSSORIO: There's a reinstatement fee.
MR. BOYD: -- renewing late.
MR. OSSORIO: There is a $10.00 fee per month for the first
three months, which is a late fee. And then come January it's called a
reinstatement fee. So it's not a penalty. It's not necessarily called a
penalty under the fee schedule, it's just a reinstatement fee.
MR. GUITE': Was she actually at the -- you know, with Maggie,
trying to correct this when they issued the citation? As far as her letter
goes, that's what I get out of it.
MR. OSSORIO: I believe it's true. Because you just don't --
when you are suspended, it doesn't -- you just don't automatically
come in and renew. There's steps you need to take. And she very well
knows, you have to get a credit report on you and your business, fill
the application out and reinstate.
So you're absolutely right, she knew she wasn't in compliance of
the day that there was the painting, but again she was trying to come
into compliance, so --
CHAIRMAN JOSLIN: Okay, I've got a motion on the floor that
Citation No. 4448, issued to Michelle U ghi, be upheld to the $300
fine.
All those in favor of the motion, signify by saying aye.
MR. HORN: Aye.
MR. L YKOS: Aye.
CHAIRMAN JOSLIN: All opposed?
MR. BOYD: Aye.
MR. GUITE': Aye.
CHAIRMAN JOSLIN: Aye.
THE COURT REPORTER: Mr. Jeru11e?
MR. JERULLE: I'm still thinking.
To me this is a tough issue. They gave her a fine because she had
a suspended license, and that's true and accurate. But she was down
Page 14
February 18,2009
there the day, trying to make it right when she got the fine, correct?
MS. CLEMENTS: She wasn't at the office at the time the
citation was given, because I did call down to Maggie, and Maggie
verified that the license was not active.
MS. UGHI: I was at the office. I might have stepped out to call
the credit company, but you could -- I'm not sure if I provided you
with the backup, but I got in touch with the credit company on that
day and then they were able -- they told me it was going to be a couple
hour delay and they were able to process it for me on a rush, and it
was done that afternoon.
But the women in the office had explained to me that they could
not take my application and put it on file until I had the credit
application and all of the paperwork that need to be collected.
MR. NEALE: If I may, just for the Board's guidance. 489.127 is
the applicable statute here. And it's -- probably the one that's most
applicable to this point is Subsection 2.D.3, which regards the hearing
on citations of this type.
And it says, if the person who issued the citation or his or her
designated representative chose that the citation is invalid or that the
violation has been corrected prior to appearing before the enforcement
or licensing board or designated special magistrate, the enforcement or
licensing board or designated special magistrate may dismiss the
citation, unless the citation is irreparable or reversible.
So there's a may in there that the board may dismiss. It's not
mandatory that the board dismiss the citation, if it's shown that it is
invalid or corrected. But the board has that latitude in the situation.
CHAIRMAN JOSLIN: So at the moment, in favor, one more
time. All in favor of this motion, signify by raising your hand.
MR. JERULLE: (Indicating.)
MR. HORN: (Indicating.)
MR. L YKOS: (Indicating.)
CHAIRMAN JOSLIN: Three in favor.
Page 15
February 18,2009
All of those opposed?
MR. BOYD: (Indicating.)
MR. GUITE': (Indicating.)
CHAIRMAN JOSLIN: (Indicating.)
Three opposed.
MR. NEALE: Motion fails.
CHAIRMAN JOSLIN: Motion fails.
MR. OSSORIO: Mr. Chairman, I just wanted to clarify, the
motion was to uphold the citation?
CHAIRMAN JOSLIN: Correct.
MR. OSSORIO: So it fails. So in other words, it stands as is-as
MR. L YKOS: No.
MR. OSSORIO: -- versus dismissing it.
CHAIRMAN JOSLIN: Dismisses it.
MR. L YKOS: Right.
MR. NEALE: Dismisses it.
CHAIRMAN JOSLIN: Right.
Okay, you're free to go, and your citation has been released.
MS. UGHI: Thank you very much.
CHAIRMAN JOSLIN: Okay, the next case is a James F. Case.
Are you present?
MR. CASE: Yes.
CHAIRMAN JOSLIN: Would you please come to the podium
and be sworn in, please.
(Speaker was duly sworn.)
CHAIRMAN JOSLIN: Mr. Case, it appears that you are trying
to qualify a second entity.
MR. CASE: Yes.
CHAIRMAN JOSLIN: You are -- own now Case and Sons, Inc.;
is that correct?
MR. CASE: Yes.
Page 16
February 18,2009
CHAIRMAN JOSLIN: And you want to qualify your son, I
assume.
MR. CASE: Yes.
CHAIRMAN JOSLIN: First question I have for you, how many
sons do you have?
MR. CASE: Two.
CHAIRMAN JOSLIN: Two, okay.
Would you please give us a little insight as far as why you're
going to do this and what's going to --
MR. CASE: Relatively simple. The economy's terrible. My son
lost his job. He needs work. I don't want to see him leave Naples. He's
well known, well educated, ready to do the work. So we're trying
somehow to get him to get going here in Collier County.
I thought I could just simply put him underneath my license to
prove that -- well, he's still on our Case and Sons directory board, my
son and my wife and myself.
But he wants to do a business on his own so that he doesn't
implicate me. And he wants me to be a part of it but I can't do that
until we're sure that it's okay with you guys that he works, and then
we'll work out some kind of percentage down the road as we get
gOIng.
So that's where I'm at, just trying to get him work.
CHAIRMAN JOSLIN: What percentage of the new company
are you going to own?
MR. CASE: That's debatable right now, but I think we discussed
25 percent of it. I want him to have the bulk of it.
MR. L YKOS: Mr. Ossorio, I didn't see any red flags in this
packet when I went through it. Is there a recommendation from staff?
MR. OSSORIO: Yeah, I recommend you approve Mr. Case's
land -- are you unrestricted landscaping or restricted?
MR. CASE: It's an unlimited --
MR. OSSORIO: Unlimited.
Page 1 7
February 18,2009
MR. CASE: -- license. Yeah, I've had it for 25 years or so.
MR. OSSORIO: And that means your son will be unlimited as
well.
MR. CASE: Yes. So he can diversify if he needs to landscape or
if he needs irrigation or whatever we have to go through
permitting-wise.
MR. OSSORIO: And within 24 months under your direction he
can apply for his own license --
MR. CASE: Yes.
MR. OSSORIO: -- and take the exam.
MR. CASE: Yes.
MR. OSSORIO: I have no problem.
CHAIRMAN JOSLIN: I've looked at the packet. I see nothing.
The credit app. is impeccable and the man seems to be in pretty good
shape. I just need a motion.
MR. L YKOS: I make a motion that we approve the request to
qualify a second entity.
MR. GUITE': I'll second.
CHAIRMAN JOSLIN: I have a motion and a second.
Any discussion?
(No response.)
CHAIRMAN JOSLIN: No discussion, I'll call for the vote. All
those in favor of granting this request to qualify the second entity,
signify by saying aye.
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(N 0 response.)
Page 18
February 18,2009
CHAIRMAN JOSLIN: So moved. Motion carries.
MR. CASE: Thank you very much.
CHAIRMAN JOSLIN: You're in business.
Next we have a Wayne W. Womack. Request to reinstate the
license without retesting.
Come up to the podium and be sworn in, please.
(Speaker was duly sworn.)
CHAIRMAN JOSLIN: Mr. Womack, you are (sic) a electrical
contractor at some point?
MR. WOMACK: That's correct.
CHAIRMAN JOSLIN: And you are trying to reinstate your
license without taking a new test.
MR. WOMACK: That's correct.
CHAIRMAN JOSLIN: It says here on our packet that you
haven't used your electrical license since 2003.
MR. WOMACK: That's correct.
CHAIRMAN JOSLIN: And did you not put your license
dormant or --
MR. WOMACK: Not to Collier County competency card. I kept
my state part of the license up, I kept insurance. I didn't keep my
workmen's compo because I was working under someone else's
license. And just failed to keep the Collier County part up or put it on
dormant.
CHAIRMAN JOSLIN: This packet has a lot of flags in it. How
long have you worked for the other company that you're working for
now?
MR. WOMACK: I'm not now. I'm laid off. I had worked for
them for almost five years.
CHAIRMAN JOSLIN: Does the board have any other questions
regarding any other items in the packet?
MR. JERULLE: If I understand this right, he wants to renew his
license without taking the test?
Page 19
February 18,2009
CHAIRMAN JOSLIN: Correct. He was licensed as far back as
2003 and since then he hasn't been licensed in Collier County.
MR. JERULLE: And we've had some code changes?
MR. OSSORIO: What -- typically what happens in our -- in this
particular case is that you have 18 months to renew your certificate. If
you don't renew your certificate and you haven't taken the exam
within three years, you have to reexamine and retest.
But typically when we deal with state registration, pool,
electrical, mechanical, whatever, state registered contractors, they tend
to renew their license, their certificate with Tallahassee, their
registration, and they have what you call continuing education.
So if this is true, if his license is current with the state, his
certificate, then he has done all the continuing educations, what he
needs to do to be licensed for us.
And this is not uncommon. We've seen four or five of these this
year and last year. And we've granted them reinstatement without
taking the exam, due to the fact that they have kept their state
registration up current and active and kept their credit hours up.
MR. NEALE: And Mr. Ossorio's making a point that this board
has in the past where they've maintained their continuing ed. through
the state have typically granted -- really what you're doing in this
instance is you're not granting the license, what you're doing is
waiving the requirement to retake the test.
MR. GUITE': Have you taken your continuing education?
MR. WOMACK: Yes. Yes. And there was a lot of those code
changes in that continuing ed. As a matter of fact, that's about all there
was this time.
CHAIRMAN JOSLIN: It appears that when you had your
license originally that you operated as Unique Lighting Design--
MR. WOMACK: That's correct.
CHAIRMAN JOSLIN: -- is that correct?
MR. WOMACK: That's correct. And I had gotten rid of that
Page 20
February 18,2009
company name, the tax J.D. and everything. So I just wanted to bring
it back under my name and, you know, just by myself without a
company name.
CHAIRMAN JOSLIN: Okay. In looking at the packet, I see a
credit report here for Unique Lighting Design.
MR. WOMACK: Yes.
CHAIRMAN JOSLIN: That is most recent as January of'09.
There are several items on your credit report reflecting some
collections.
MR. WOMACK: Okay. Are you looking at the alias name down
there that Tallahassee gave me? Is that one of them?
CHAIRMAN JOSLIN: I'm looking at Clyde W. Womack, under
Unique Lighting and Design.
MR. WOMACK: Okay. And the credit card?
CHAIRMAN JOSLIN: Well, I've got three of them. One for
Conserve for $625 -- $763 now. Gulf Coast Collections and Kansas
Counselors. Professional Adjustment Company. You want me to go
on? There's several.
In '03 it appears that you had an original American Express that
was current back in '03, '02, '05. These are showing up as recent,
unless I'm reading this incorrectly.
MR. WOMACK: I didn't bring it with me.
CHAIRMAN JOSLIN: Are you aware of this, that it's on your
credit report?
MR. WOMACK: Some of that that's on my personal, one of
them is I had a conflict from an apartment complex that we had over
on the other coast that we moved out early on, we gave them the
letters, all that kind of stuff. That one I know.
A couple other ones were stemming from medical issues that,
you know, our insurance said they paid, medical facilities says they
was outstanding balances back and forth on that. And there's one
against Unique Lighting and Design, a credit card, which the company
Page 21
February 18,2009
never had a credit card. And I wasn't aware that showed up till I got
that credit report. Because the only credit I had when I was in business
before was just with supply houses.
CHAIRMAN JOSLIN: The biggest one that I see is a problem is
one for NCO Financial for $13,000, almost.
MR. WOMACK: I've got to the research that one, because right
off the top of my head I don't know that one. That was on my
personal, correct?
CHAIRMAN JOSLIN: It's on the same application or it's on the
same report under Unique Lighting or under Clyde W. Womack.
Were you operating -- back then you were probably operating as
a sole proprietor, is that what it was?
MR. WOMACK: I started out that way. And the tax adviser
said, you know, as I was bringing on more guys, that I needed to do an
S Corp., so we did that.
Like I said, the company never had any -- other than just
working with supply houses, I never went and borrowed money; I
never had any credit cards.
CHAIRMAN JOSLIN: Pleasure of the board?
MR. L YKOS: Well, you know, I always like to, when we get
these credit reports, look and see what's going on with the mortgage.
The mortgage is current. So it doesn't look like he has any real
financial problems. He has a few items that looks like if he put his
effort to it he could probably clean it up. But it looks like his primary
credit accounts are current.
And based on historical information, seems like we approve
these based on the fact that he's kept his license current with the state.
So I'll make a motion that we approve reinstating the license without
testing.
MR. GUITE': I'll second.
CHAIRMAN JOSLIN: We've got a motion and second on the
floor. Any discussion further?
Page 22
February 18,2009
(No response.)
CHAIRMAN JOSLIN: I'll call for the vote. All those in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries. You're all set.
MR. WOMACK: Thank you, sir.
CHAIRMAN JOSLIN: You're welcome. Try to get that cleaned
up, though. That would be good for you to get that off your record.
MR. WOMACK: Yeah, I definitely will check into that.
Anything else?
CHAIRMAN JOSLIN: That's all. You're free to go.
A Mr. Robert Hammond, are you here?
(No response.)
CHAIRMAN JOSLIN: Mr. Hammond is not present.
How about -- I'm sorry, how about Ms. Damarys Silva, are you
here?
MS. SILVA: Uh-huh.
CHAIRMAN JOSLIN: Let's go back to this one. Okay, this is
the first one.
Would you come to the podium and be sworn in, please.
(Speaker was duly sworn.)
CHAIRMAN JOSLIN: Ms. Silva, you're here today to qualify
your license or appeal for a license being approved due to your credit
report?
MS. SILVA: Yes.
CHAIRMAN JOSLIN: You want to give us a little insight on
Page 23
February 18,2009
what's --
MS. SILVA: Okay, my credit report. I have an investigator
working on it. When I applied for the -- when I tried to apply for the
license the first time, I went and took the test. Then they, in the
package, told me that I had to ask for a credit report. I did.
And I had three credit cards, which is the ones that come up in
the collections, which is Victoria Secret, Capital J.C. Penney and
Target National Bank. And owe one of them, which is J.C. Penney.
Victoria Secret, I don't know what happened, I have been
working on it. And Target National Bank also.
When I pulled the first credit report in 2007, November 16th, I
had a score of 481. I have had that investigator working on it since.
And now the credit score went up. He's been able to take some stuff
off that doesn't belong to my credit and it went up to 641.
The two that I have left, you know, he hasn't been able to do
anything. They haven't found any payments, any checks, nothing from
myself, so I'm going to have to pay for it. And I'm willing to pay for it.
The rest, it's just showing what I had before. And I had a car
with my mom. We -- unfortunately we had to give it in. I lost my job
and she went bankruptcy (sic), so they took that off. Which says P &L
write-off.
The only thing that shows on the second page, it's showing the
balances for the other accounts that were closed. If you can see,
Macy's was closed. I don't owe anything on that. They put zero, closed
by credit granter. You know, it doesn't belong to me.
And, you know, my credit's gotten better since I got that
investigator working on it.
And the other three cards that they can't do anything about it, I'm
just going to have to pay for that.
CHAIRMAN JOSLIN: The license that you hold right now is a
cabinet license; is that correct?
MS. SILVA: I'm sorry?C
Page 24
February 18, 2009
CHAIRMAN JOSLIN: The license that you have now is a
cabinet license?
MS. SILVA: That's the one that I'm applying for, a cabinet
license, installation, which falls on the granite. Because the main thing
that we're going to do is a granite installation, which is granite tops,
granite countertops.
MR. OSSORIO: She's applying for a cabinet installation
contractor, which is a -- also does countertops. She doesn't have her
license, she's applied for one. And under the code, if a licensing
supervisor is unable to come to a conclusion and the license seems to
be in question for many different reasons, it gets forwarded to the
licensing board.
I did check her reference and that seemed to be fine, so the
experience is there. But she does have some questions. Since she has
no business credit, she has some issues with her personal credit, which
gets forwarded to the board.
CHAIRMAN JOSLIN: On this packet you have before us from
Yero's Investigation Corporation, how long have they been
researching this credit problem you have?
MS. SILVA: Since 2007. Since I apply for the license and I
discover that I needed a credit report, then when I pulled the credit
report is when I noticed what was happening. So he started working
on it and he's been doing a great job.
The three that are in the front, those are the only ones that I'm
going to have to pay for, because there's no way we can fix that. And I
know that I owe J.C. Penney, but Target and Victoria Secret, I don't.
But they've sent me letters. You know, they don't have any proof of
me making payments on those cards. I never received a bill. So they
have to fix it.
And he's still working on it. But if we can do that, and if I have
to pay for it in order to get my license and to become clear, then that's
what I'll do. But I need the license, because we need to work. And,
Page 25
February 18,2009
you know, this is -- we've been trying to do this since '05, and now it's
finally becoming, you know, a dream come true.
CHAIRMAN JOSLIN: Any recommendations from staff?
MR. OSSORIO: I recommend we approve it and six-month
probation and then in six months let's see her credit. And if she pays
off J.C. Penney's within six months, I'll be fine with it.
CHAIRMAN JOSLIN: Okay. Pleasure of the board, or is there a
discussion?
MR. L YKOS: Just a little thing, but the letter from Yero's
Investigation Corporation, that letter's not dated. And I don't like a
business that sends out a letter without a date on it. For all we know
that's a two-year-old letter and there's no more effort being done to
investigate your credit history.
So I think whenever you come in front of the board again, I'd
like to see some verification that this is an actual ongoing
investigation --
MS. SILVA: Yes.
MR. L YKOS: -- okay?
MS. SILVA: Yes.
CHAIRMAN JOSLIN: I think I would like to see it sooner than
that. Probation, if we do grant this license for a six-month period, it
would be six months before she appears before us again. And this she
says has been ongoing since '07. So I'm sure that Yero's would have
no problem in dating this letter to show that they have been
investigating this since '07.
MS. SILVA: I can have him fax it to the county, ifhe has to.
CHAIRMAN JOSLIN: Okay. Any other discussion?
(No response.)
CHAIRMAN JOSLIN: I'll make a motion that we approve her
application for this license, Unique Marble and Granite Corporation,
and for a six-month period to be brought back for a credit review, to
be brought back before the licensing board or given to staff. If staff
Page 26
February 18, 2009
finds any discrepancies or anything that's negatory towards it, that you
come back before the board.
And also to have at least that one paper from Yero's faxed to the
staff --
MS. SILVA: I'll have it faxed tomorrow.
CHAIRMAN JOSLIN: -- when it's done. And if that's presented,
then they can go ahead and proceed with your license.
So that's a six-month probationary license, gentlemen.
MR. GUITE': I'll second that.
CHAIRMAN JOSLIN: One last thing to the motion. If in that
six-month period, if she does adhere to all the things that we've asked,
then it will become a permanent license after that time.
MR. GUITE': I accept.
CHAIRMAN JOSLIN: Motion and a second. Any other
discussion?
(No response.)
CHAIRMAN JOSLIN: All those in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(N 0 response.)
CHAIRMAN JOSLIN: Motion carries.
MS. SILVA: Thanks.
CHAIRMAN JOSLIN: Good luck.
Okay, who are we missing still? All right, we have a Robert
Hammond still. Have you come in yet, Mr. Hammond?
(No response.)
CHAIRMAN JOSLIN: No. If it appears that Mr. Hammond was
Page 27
February 18, 2009
given a -- contesting a citation that was given to him by Mr. Jackson?
MR. JACKSON: That's correct. I have some information if -- I'd
like to be sworn in.
CHAIRMAN JOSLIN: Yes.
(Mr. Jackson was duly sworn.)
MR. JACKSON: For the record, Ian Jackson, Contractor
Licensing.
Mr. Hammond called me late last week, Thursday or Friday,
stating that he was most likely going to pay the tickets, rather than
show up for the hearing today.
I had a complainant in this case that showed up this morning to
testify where she was given a copy of the check that Mr. Hammond
had supposedly mailed to the county. So I believe that's why he's not
here. The check should be at the county and be processed. So I do
believe he paid it.
CHAIRMAN JOSLIN: So the contesting of this citation is really
invalid, we don't even need to hear it then, do we?
MR. JACKSON: Correct.
CHAIRMAN JOSLIN: Okay. Do we need to put that in the form
of a motion or we just take it off the table?
MR. NEALE: (Shakes head negatively.)
CHAIRMAN JOSLIN: Okay. That seems to be everything for
new business.
One other last item. On here it says order to pay civil penalty.
Mr. Ossorio?
MR. OSSORIO: Mr. Chairman, how we doing today?
CHAIRMAN JOSLIN: Just fine, how are you?
MR. OSSORIO: Excellent.
I'd like to go ahead and put into evidence the civil penalties of
citations, 44 of them.
CHAIRMAN JOSLIN: Okay. Make a motion that we put the
order to pay civil penalties into evidence.
Page 28
February 18,2009
MR. JERULLE: Second.
CHAIRMAN JOSLIN: Motion and a second.
Any discussion?
(No response.)
CHAIRMAN JOSLIN: All in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: So moved.
MR. OSSORIO: Mr. Chairman, this is an ongoing issue that the
county attorney and myself and the board's attorney has been working
on for several months, and we are finally coming to the end.
We do have a process for the paying civil citations, we have
letters sent out, and we are in the final stages since -- if it pleases the
board, that we are ready to have the chairman sign off on the final
order. I have the orders here. Those are the individuals that have not
paid.
And with that, I would like to go ahead and submit that they
have not paid and proceed with the chairman to sign off on the final
orders of those individuals.
CHAIRMAN JOSLIN: Are these individuals out here that
haven't paid these penalty fees, or are these contractors or licenses?
MR. OSSORIO: I would say that probably most of them are not
contractors. Most of the people that we've issued tickets to that are
contractors have paid. Or if the contractors are unlicensed, then they
come into compliance and they pay. So these are probably the
unlicensed contractors within the last year.
But we should be caught up. And you'll see this periodically in
the future but with less names, obviously, because I think we're getting
Page 29
February 18,2009
a really good robust turnaround.
Karen Clements heads up our citation process and it has been
working extremely well. So this is just playing catch-up. And this is
44 orders here ready to be signed, so we just needed approval from the
board to do so.
MR. NEALE: What will be done is I'll draft an order for your
signature, for the chairman's signature. That order will then be -- I'll
transmit it to the staff. Staff will then record that order in the county --
in the public records of Collier County. And it will then constitute a
lien on all of these people's property.
So if the title search is done, say if they're selling their house or
anything else, that that order will show up on the public records.
And so, you know, we've got the orders here and they're just
going to be recorded. And when they're recorded, it's done, you know.
And so the good news is if somebody does try to sell a house
and -- you know, of that name, at closing, in order to get a clear title,
they're going to have to pay the lien.
CHAIRMAN JOSLIN: We'll get our money then.
MR. NEALE: Yeah.
MR. JERULLE: This is from 2008, Michael?
MR. OSSORIO: These are for the last year, yes. And we really
didn't have a process in play to send out letters reminding these
consumers that they need to pay their penalty. And so hopefully in the
future you won't see this many.
But the first time unfortunately that we need to play catch-up,
and this is what we're doing. We've had the orders, they're ready to be
signed under approval of the board and the board's attorneys. We're
ready to go.
MR. NEALE: Mr. Joslin and I will be signing 44 orders.
CHAIRMAN JOSLIN: Today?
I just need a motion.
MR. GUITE': I make a motion to approve.
Page 30
February 18,2009
CHAIRMAN JOSLIN: And a second?
MR. JERULLE: Second.
CHAIRMAN JOSLIN: We've got a motion and a second.
All those in favor, signify by saying aye.
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries.
MR. OSSORIO: Thank you.
CHAIRMAN JOSLIN: All right, moving right along.
One thing in old business we have, Mr. Courtney's been so
patient.
Mr. Calvin Courtney, would you please come to the podium and
be sworn in one last time, please. Hopefully.
(Speaker was duly sworn.)
CHAIRMAN JOSLIN: Mr. Courtney, I remember you well. I
know you've gone through some hoops, but obviously you're here
today, so I'm quite certain you probably have your things in order.
MR. COURTNEY: Yes.
CHAIRMAN JOSLIN: You were ordered to come back and
show us paperwork I believe Mr. Lykos wanted to request to hear,
which was end of year profit and loss statement.
MR. L YKOS: And a balance sheet.
CHAIRMAN JOSLIN: And a balance sheet.
Did you have those items that you can present to us?
MR. COURTNEY: I do. I wasn't exactly sure which date to
make the balance sheet effective, so I did it as of the 15th of February.
Page 31
February 18,2009
The profit and loss I presented in mid-December. You guys gave
me a bye at the meeting in January because of a death in the family.
So what you have, what Ian has over there, has the balance sheet
for Southern Exterior Enhancements as of February 15th. It's a humble
and quiet sheet. The death in the family has changed my priorities
since mid-December and the company is not doing much. But he has it
there and it's okay. It's better than some people, I'm sure, but it has
very little activity compared to the half a million dollars in revenue
between April and December that I presented to you. It has dropped to
nothing, as I have not been in Naples. But Ian has the information.
CHAIRMAN JOSLIN: Mr. Jackson, you want to put those into
evidence?
MR. JACKSON: I think Mr. Ossorio took that.
CHAIRMAN JOSLIN: He's going to do that for you. Okay. He's
Jobnny-on-the-spot today.
MR. COURTNEY: There's one other piece of information
contained in this, and it's the workmen's compo and liability search that
you asked for, Mr. Joslin. I had a large number in my casual labor in
the P &L and you wanted to see that I was using a correct entity. So if
you'd like me to, I can walk you through this balance sheet very
quickly.
MR. L YKOS: Yeah, if you would explain the details behind all
the line items, that would be great.
MR. COURTNEY: Okay. The cash is cash earnings. There's
some of this -- I don't have it in here earmarked for the federal income
tax liability. We estimated about $4,000 for the fiscal year '08.
There is in that cash line of$13,700 a $2,200 customer deposit.
The pavers have been purchased. You can see the inventory on the
bottom. It's about a 15 percent deposit on a 12,000 to $13,000 contract
that's to be installed with a right-of-way permit having been issued
next Monday.
Accounts receivable. I have some customers that owe me some,
Page 32
February 18,2009
money. I had to leave town quickly because of the death. So I'm back
now, so those will be settled. There's some people that owe me for
some paperwork.
Inventory. I have some flowering trees and paver bricks that are
paid for that are sitting in inventory.
Fixed assets: Hand and office equipment, typical things for
paver brick, landscape contractor. You know, there's computers,
there's compactors, there's augers. It goes on and on. It's a pretty long
list.
Rolling equipment: Our 30-ton trailers, dump trucks, pickup
trucks, crew trucks that I own, they're all clear and free. There's no
notes on anything.
Liabilities and net worth: My current liabilities, I owe $3,200 to
a tree broker in Homestead, Florida.
Fixed liabilities: My notes payable is a customer, former
customer that you guys are aware of. I think your office actually
structured that note. And I'm in the process of paying that. And it's
current, by the way.
So, very simple.
MR. L YKOS: You stated that part of your cash was a deposit
from a client?
MR. COURTNEY: It is.
MR. L YKOS: Well, that's actually a liability. You understand
how that works? Because if you didn't do the job, for whatever reason
you couldn't do the job, you'd have to pay that money back.
MR. COURTNEY: If the inventory is paid for, is it alia--
MR. L YKOS: You have a deposit from a client, it's a liability.
You just stated that there was a death in your family so you haven't
been able to work. If you have a deposit from a client --
MR. COURTNEY: All right.
MR. L YKOS: -- and for any reason that job could not be
performed, or up until the date that you start that job, that's a liability,
Page 33
February 18,2009
okay? It isn't -- it might be cash in the cash flow report, but it isn't -- in
terms of a balance sheet, it's not cash, it's a liability.
MR. COURTNEY: Because it's owed to another, I see what
you're saying.
MR. L YKOS: You should have an offsetting line item for that
liability, okay?
My concern is that your current assets, your current liabilities,
that you end up creating debt again like you did before.
MR. COURTNEY: Uh-huh.
MR. L YKOS: So without having your true current liabilities
listed and your true current assets listed, we can't see if that trend
starts to develop, okay?
So my concern is that your ongoing operation, rather than being
profitable, is doing the opposite, you're creating debt again. And then
we'll end up with jobs that you can't finish because you don't have the
money or jobs that you get done and then you have vendors that you
can't pay. That's how your last problem got started. So we wanted to
make sure that doesn't happen again.
So the comment I made to you last time was you had enough
money to hire an attorney to get to the point where you got your
license back. I would like to see a P &L and a balance sheet that are
audited so that we can verify that your ongoing business is truly
profitable.
MR. COURTNEY: Okay. My question -- my recollection, Mr.
L ykos, was I asked if you wanted that last time and you said it wasn't
necessary. And I thought we even went to the point that we discussed
I was using a very simple software program and that I would have to
create it, and I thought that was okay.
If that's what you request, I will spend that money, and I'd like to
get it all behind us.
MR. L YKOS: I understand. But seeing this report and your
explanation of it, I have a better understanding of what your
Page 34
February 18,2009
understanding is of a financial statement, so I think I'd want to see
that.
And --
MR. COURTNEY: And I don't by any --
MR. L YKOS: -- I want you to work with somebody that
understands that a customer's deposit is a liability.
MR. COURTNEY: Okay.
MR. L YKOS: Okay? We really want to see the profitability of
the ongoing operation, okay?
CHAIRMAN JOSLIN: This is the only job that you have done?
The job that you have the deposit on now is the only job you have
underway at this particular moment?
MR. COURTNEY: Yes, it is. That will change. I'm back in
Naples, so that will change. And I felt like I was in a pretty good
position.
I understand your concern. And I would have done that the first
time, had I known the --
MR. L YKOS: Just --
MR. COURTNEY: -- requirement. But I am not an accountant--
MR. L YKOS: I'm not holding it against you, I just want you to
understand what it is that we're looking for.
The other thing is your rolling equipment, you list it as $38,000.
We don't know what the value of that is. I mean, market -- street value
of that. You might have real street value of that equipment right now.
It might be 10 percent of what you show.
MR. COURTNEY: That's right.
MR. L YKOS: Okay? The balance sheet is very critical, because
that's where we see, not only from the P&L, but that's where we see if
there's debt being created.
I would like to see a true current ratio for you, which is your
current assets and your current liabilities. I don't want to see your
fixed assets covering your current liabilities, okay?
Page 35
February 18,2009
And when you take out your customer deposits out of your cash,
that may be the case. And since we don't know what that math is, I
don't want to see your fixed assets covering your current liabilities.
That means your ongoing operation isn't profitable. Okay?
MR. COURTNEY: Gotcha.
MR. L YKOS: So if you talk to an accountant, it might -- it
doesn't have to be a CPA, but if you talk to somebody with -- I don't
want to recommend any companies specifically, but In Balance is a
company that understands a financial statement. I don't know if they're
CP A's or not, but they'll be able to separate out current assets and
current liabilities so that we can see their ongoing operation is
profitable. Okay?
MR. NEALE: Mr. Lykos, just so that he's -- Mr. Courtney's clear
and we're all clear, are you actually calling for a fully audited
statement with an auditor's opinion on it, or are you calling for a
statement that's essentially a review statement that's done by a
professional and submitted as a professional? Because obviously an
audited statement's going to cost Mr. Courtney a pretty fair chunk of
money.
MR. L YKOS: Yeah, I'm not looking for an audited statement.
I'm looking for a statement done by a third party that can produce a
financial-- a balance sheet and a P&L with generally accepted
accounting principles.
CHAIRMAN JOSLIN: So a licensed CPA would be something
that would be --
MR. L YKOS: Well, that's probably overboard. You don't need
to be a licensed CPA. There are people that perform accounting
servIces --
MR. COURTNEY: Bookkeepers.
MR. L YKOS: -- that are not licensed CPA's.
CHAIRMAN JOSLIN: Right.
MR. L YKOS: And I said the -- I just lost the name of that
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February 18, 2009
company.
MR. COURTNEY: In Balance.
MR. L YKOS: In Balance. I know that they perform that service
and they're not CPA's. And I'm not recommending them as a
company, I'm just saying that's an example of a company that can do
that for you. Especially with not a lot of business, they could probably
go through your transactions to come up with that relatively easily.
Okay?
CHAIRMAN JOSLIN: As far as the insurance portion of what I
asked you for, Mr. Courtney, that seems to be in line as far as the
carrier that you have now.
One other thing, though, going back to this balance sheet. Is this
something that we need to have him do immediately, within the next
meeting, or do you want to give him some time to put all this together,
as long as it's presented. Right now his license is active, is that correct,
and he is working?
MR. OSSORIO: That's correct. And my assumption is, is that if
he comes to the board next month, these numbers would change
drama -- change.
CHAIRMAN JOSLIN: Right.
MR. COURTNEY: Yeah, I hope so.
CHAIRMAN JOSLIN: So does 30 days or next meeting work
for you as far as being able to bring this information to us?
MR. COURTNEY: I have no problem. I could simulate it much
quicker than that, but I think that Mr. Ossorio's bringing a valid point,
that in 30 days with me being back in Naples, in Collier County, that
you'll see more activity. I'd love to do it the simple version. You guys
probably want the good one.
MR. L YKOS: I'm fine with the fact that there's more activity. I
want to see numbers that represent your business --
MR. COURTNEY: I thought that's what you'd look for.
The one question I have is that I'm on probation, and I frankly
Page 37
February 18,2009
have forgotten and gotten a little confused in the process. I don't
remember if it was six months or a year, maybe Mike does.
And I didn't know, if I satisfy this, does the probation terminate?
CHAIRMAN JOSLIN: Yes.
MR. NEALE: Um-hum.
MR. COURTNEY: Okay. So my hope was if that can be true,
not that I anticipate any problems, but just conventional wisdom, can I
give this to Mike or does it have to be a full board review? Or can I
give it to Mr. Lykos between now and the next meeting date?
CHAIRMAN JOSLIN: No, I think that's something I think this
board needs to review as a board, not so much as putting that
responsibility onto either Mr. Ossorio or onto one of the members of
the board. As a board, we need to hear this as a board.
And then we have also guidance from our board attorney --
MR. COURTNEY: I understand.
CHAIRMAN JOSLIN: -- if there's a problem. It would be better
in your interest and in ours if you'd do that that way.
MR. OSSORIO: Your problem is with the licensing board, not
with the contractor licensing office. So probation starts here.
MR. COURTNEY: Anything else from me?
CHAIRMAN JOSLIN: No. If you feel that this can be done
within the next meeting, then we'll go ahead and put you on the
agenda again for next month.
MR. COURTNEY: I would love that.
CHAIRMAN JOSLIN: Okay, we'll try to get this --
MR. COURTNEY: And you want it as of what date? You want
the balance sheet and the profit and loss as of what date?
MR. L YKOS: The balance sheet is typically done -- well, you're
not going to be producing it with your own software. So if you do the
balance sheet as of the end of business on February -- at the end of
February, is that the 28th, then the P&L, do it the same day. So you're
both --
Page 38
February 18,2009
MR. COURTNEY: That's closer to the meeting day.
MR. L YKOS: -- you're done through February.
MR. NEALE: And his probation runs until May of this year.
CHAIRMAN JOSLIN: Of May.
MR. NEALE: It was imposed May of 2008, so it runs until May
of this year.
CHAIRMAN JOSLIN: Okay.
MR. COURTNEY: Thank you.
CHAIRMAN JOSLIN: Thanks.
All right, that ends pretty much old business that we have going
today. There is one public hearing.
Do we need a break of any kind?
THE COURT REPORTER: No, thank you.
CHAIRMAN JOSLIN: No.
So moving right along. Okay, this is public hearing in the order
of Case No. 2009-04, which is Raymond Berube, d/b/a Berube
Brothers, Incorporated.
I assume that staff is going to present this case?
MR. OSSORIO: That's correct. Allen Kennette.
CHAIRMAN JOSLIN: Mr. Kennette, would you come up and
be sworn in, please?
MR. NEALE: Is Mr. Berube even here?
CHAIRMAN JOSLIN: No. Not yet.
(Mr. Kennette was duly sworn.)
MR. KENNETTE: My name is Allen Kennette, Contractor
Licensing Compliance Officer.
This case is involves Berube Brothers, the actual -- it involves
Berube Brothers, Incorporated, doing a pool. You'll hear testimony
from the complainant, Mrs. Janet Vanroden, who's the owner of the
property of a signed contract and what was expected of the pool
contractor to do.
We will also give testimony that a proper notification was served
Page 39
February 18, 2009
to Berube Brothers Incorporated, Raymond Berube, the qualifier of
the company, with no response from him at all.
CHAIRMAN JOSLIN: All right. Before us we have a packet
here with Case No. 2009-04 for a Raymond Berube, d/b/a Berube
Brothers, Incorporated. His license no. is CPC 1456893.
I need a motion to put this packet into evidence.
MR. L YKOS: So moved, Lykos.
MR. GUITE': Second, Guite'.
CHAIRMAN JOSLIN: Moved and seconded. Any discussion?
(No response.)
CHAIRMAN JOSLIN: All those in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(N 0 response.)
CHAIRMAN JOSLIN: Motion carries.
One last item here. Mr. Neale, if you could help us. Mr. Berube
apparently is not present at this meeting for the case. We can proceed?
MR. NEALE: The only thing that you have to make sure that
you get on the record is the fact that he was properly served, that he
received proper notice, and that he essentially ignored that notice.
CHAIRMAN JOSLIN: Okay, then let it be known that Mr.
Raymond Berube with License No. CPc1456893 was properly
notified to be at this meeting and has chosen to not be here.
MR. McNALL: Well, what you need is testimony from county
staff as to how the service was accomplished and --
CHAIRMAN JOSLIN: I'm sorry. Okay.
MR. KENNETTE: Yes, testimony -- my testimony is that we
Page 40
..
February 18, 2009
mailed two certified letters on January 14th of'09: One to the
residence of business, which was checked. The residence of business
was evacuated, there was nothing left in the office.
The second letter, certified letter return receipt was sent to his
home address at 3561 17th Ave. Southwest, with no response.
Two calls were made to relatives of his with no return response
back from either call.
CHAIRMAN JOSLIN: Are those the official use receipts I see
on Page E-16 of the packet?
MR. KENNETTE: Yes, they are.
CHAIRMAN JOSLIN: So it is obvious that he was served
properly --
MR. KENNETTE: Yes, they were.
CHAIRMAN JOSLIN: -- in two different locations?
MR. KENNETTE: Right.
CHAIRMAN JOSLIN: Neither one you got a response on?
MR. KENNETTE: The only one that was returned with address
unknown we got after the packets was delivered. That came back to
the office finally, which was 30 something days that we finally got it
back unopened and returned.
The other one we haven't received yet. And this was the one for
the Mannix Drive, which would be the address of the business itself,
Mannix Drive, Unit 513. Return to sender unclaimed, unable to
forward.
CHAIRMAN JOSLIN: Okay. Mr. Kennette, then if you want to
have some opening statements as far as what actually transferred and
what happened here, what the case is about?
MR. KENNETTE: Okay, did you want to hear from the
homeowner first or did you want me to --
CHAIRMAN JOSLIN: If you would like to call the homeowner
as a witness, you may.
MR. KENNETTE: Yes, I would. I'd like to have the homeowner,
Page 41
February 18,2009
Mrs. Janet Vanroden be sworn in and give a brief statement.
CHAIRMAN JOSLIN: What's the name again? Sorry?
MR. KENNETTE: Her last name is Vanroden.
V-A-N-R-O-D-E-N. First name is Janet.
CHAIRMAN JOSLIN: Ms. Janet Vanroden, would you come up
to this other podium please and be sworn in.
(Ms. Vanroden was duly sworn.)
CHAIRMAN JOSLIN: Mr. Kennette?
MR. KENNETTE: Mrs. Vanroden, just give the actual
followings of what happened when you hired the company to do the
pool for you and what transpired and where we're at now.
MS. V ANRODEN: Back on March 17th of 2008, we hired
Berube Brothers Pool Company to construct a pool for us. The pool
was partially constructed and we've not been able to get in touch with
Mr. Berube since the end of October. So we have to hire somebody
else to finish the pool.
CHAIRMAN JOSLIN: Did you observe this pool or this area?
MR. KENNETTE: I went over to the residence and they were
not home at the time I was there, so I did not go into the back to
observe it.
CHAIRMAN JOSLIN: How much of the pool was actually
done?
MS. V ANRODEN: I would say 95 percent of the pool. So --
CHAIRMAN JOSLIN: Was there water in it?
MS. V ANRODEN: Um-hum.
CHAIRMAN JOSLIN: What portions of it weren't done?
MS. V ANRODEN: Well, we failed a couple inspections at the
end of it. There's some electrical issues that need to be finished, some
finishing issues that -- we've received a claim of lien. He's not paid his
subcontractors, so we received notice of the liens. We received some
notice of liens and we've received some intent, or at least one intent to
lien, one claim of lien.
Page 42
February 18,2009
MR. JERULLE: How much was the contract?
MS. V ANRODEN: The contract was for $27,500.
MR. JERULLE: And how much did you pay the Berubes?
MS. V ANRODEN: All but 2,000 of that.
MR. JERULLE: So you paid them 25?
MS. V ANRODEN: Um-hum.
MR. JERULLE: And how much were the liens?
MS. V ANRODEN: Right now, well, the liens haven't -- there's
actually I believe one lien on the property for somewhere in the range
of $1,200. And we've received intent to lien in the range of 3,500.
We're expecting another. I mean, I believe -- I don't understand --
totally understand the lien laws, but I expect we'll receive others as
well.
MR. L YKOS: When did construction stop on the pool?
MS. V ANRODEN: We were not in town, so that's a little hard to
say. But I believe nothing has been done on the pool since the end of
October. We were in town the end of October, somebody showed up,
and that was the last that we believe anybody was on the property.
MR. GUITE': You only have 45 days, right?
MR. L YKOS: Right. Probably a lot of those liens won't be valid.
MR. GUITE': Right.
MS. VANRODEN: We're hoping.
MR. JOSLIN: No, that's not correct. You have 45 days to file
your notice to owners and 90 days after the last material's on the job to
file a lien.
MR. GUITE': Is it 90 days?
CHAIRMAN JOSLIN: It's 90 days.
THE COURT REPORTER: Could you please repeat that?
CHAIRMAN JOSLIN: Yes, you have 45 days to file your notice
to owner after the first material on the job, and you have 90 days after
the last material on the job to file a lien.
MR. JERULLE: Have you got any prices to complete the work?
Page 43
February 18, 2009
MS. V ANRODEN: Right. We have someone who is -- I believe
he's filed to take over the permit or filed a separate permit. And that is
going to be, we believe, in the range of $1 ,200 to complete.
MR. JERULLE: To complete.
MS. V ANRODEN: Um-hum.
MR. JERULLE: So the contract was 27, you paid him 25,000.
MS. V ANRODEN: Um-hum.
MR. JERULLE: And right now there's a lien of 1,200.
MS. V ANRODEN: Right.
MR. JERULLE: And there's another 1,200 to complete the work.
MS. V ANRODEN: Right. And then there's -- wait a minute, let
me get my --
MR. JERULLE: And there's an unknown of whatever liens.
MS. V ANRODEN: There's a -- there's a copy of a claim of lien
that's been filed against our property in the amount of $3,811.48 by
Hajoca Corporation.
MR. L YKOS: What's the date of that lien?
MS. V ANRODEN: January 7th.
MR. JERULLE: So there's no $1,200 lien, it's a $3,800 lien.
MS. V ANRODEN: So there'll be -- right. Two liens. And then
we received a second -- or a third notice of lien that -- notice to owner.
But nothing has been done on that. That was for the finishing of the
pool. Baker Finishing.
CHAIRMAN JOSLIN: But as of this date you haven't gotten a
lien yet?
MS. V ANRODEN: No.
CHAIRMAN JOSLIN: Nothing's been recorded.
Have you checked the county records to see if it has been
recorded?
MS. V ANRODEN: No.
MR. JERULLE: So just bear with me. The contract was 27-five.
MS. V ANRODEN: Right.
Page 44
February 18,2009
MR. JERULLE: You paid him 25.
MS. V ANRODEN: Right.
MR. JERULLE: You have one lien for 1,200.
MS. V ANRODEN: Right.
MR. JERULLE: Another lien for 3,800.
MS. V ANRODEN: Um-hum.
MR. JERULLE: A notice of a third lien. Do you know what the
amount of that --
MS. V ANRODEN: We have a notice of -- wait a minute. The
third is I believe just a notice to owner.
CHAIRMAN JOSLIN: What's the date on that notice to owner?
MS. V ANRODEN: I'm sorry, I should have had this.
MR. L YKOS: That's okay.
MR. OSSORIO: Mr. Chairman, just bear with me for a second.
CHAIRMAN JOSLIN: Yes.
MR. OSSORIO: Can I get sworn in, please?
(Mr. Ossorio was duly sworn.)
MR. OSSORIO: Mr. Chairman, I understand what you're trying
to do.
The charge is very, very simple. We're not looking to rehash the
lien issues, money values. That's all going to be taken in account when
we forward it up to Tallahassee for their review for a full-blown
licensing board hearing through their office, through the licensing
board.
This is pretty simple. Unfortunately you can depict from the case
that he failed an inspection, on E-12. And you'll hear testimony today
from Allen Kennette that he has a failed electrical inspection, so
there's a code violation at this noted residence, and it's our jurisdiction,
our duty, if there's a willful code violation. Ifwe send this qualifier a
notice, we have to bring it to the licensing board for review to suspend
his building permit privileges. So this is what we're here for today.
This homeowner has a pool full with water and the 502 has
Page 45
February 18, 2009
failed. And obviously she's going to get it corrected, but it is a serious
offense when you fail electrical inspections in a pool when you deal
with water.
And you'll hear testimony from Mr. Kennette saying that it's not
corrected, and through the homeowner as well. So I just want to make
sure we keep on track of where we need to be. Numbers are fine, but
this is all going to be played out through the state level as well.
CHAIRMAN JOSLIN: Right. And I believe, Mr. Neale, correct
me if I'm wrong, but the only thing that we really can do at this
particular time is stop his permit privileges and --
MR. NEALE: That's the only -- really the primary purpose, as
Mr. Ossorio correctly points out, that this hearing is to find him in
violation, to stop him from having the possibility of pulling permit
privileges and move this forward to Tallahassee with a
recommendation of action to that.
CHAIRMAN JOSLIN: Correct.
MR. OSSORIO: So with that, Mr. Chairman, can I ask Mr.
Allen Kennette a couple questions?
CHAIRMAN JOSLIN: You sure may.
MR. OSSORIO: Allen, can you please read Count I on your
packet.
MR. KENNETTE: Count I: Willful violation of applicable
building codes or laws of the state, city or -- of Collier County.
MR. OSSORIO: That's 4.2.2?
MR. KENNETTE: 4.2.2.
MR. OSSORIO: Can you turn to Page E-12.
MR. KENNETTE: And that is -- violation is the failing of two
inspections. One is a 204, it's a final plumbing. Something with the
meter in the unit number was not ready.
And the second one was a 502, the final electrical. The pool
pump, pool heater not bonded to pool bonding system, one (sic) pound
cover not screwed down to pounds. No access to check main panel to
Page 46
February 18,2009
see exactly what was being drawn off the main panel from the house.
MR. OSSORIO: And you can clearly depict the section of the
Florida Building Code. Can you read that in the record, please?
MR. KENNETTE: I'm sorry, where are you?
MR. OSSORIO: It's -- I'll read it. The section of the Florida
Building Code is 680.26( e), 680 .26(b). And those are the applicable
Florida Building Codes.
At this time do you know if they've been corrected?
MR. KENNETTE: No, they haven't.
MR. OSSORIO: So it's your opinion that there's still code
violations at this house?
MR. KENNETTE: Yes, there is.
MR. OSSORIO: And it's your opinion that you sent him notice
under 4.2.2 that he violated the Florida Building Code?
MR. KENNETTE: Yes, I did.
MR. OSSORIO: And you've given him all reasonable notice that
you tried to make contact with him personally by phone and by
certified mail?
MR. KENNETTE: That was done properly, yes. Even at the
business. Even though there was nothing in the office, I posted on the
door.
MR. OSSORIO: And with that, the county rests its case.
CHAIRMAN JOSLIN: Ms. Vanroden, if you'd like, you can
have a seat, please.
Since Mr. Berube is not here to either cross or present any side
of the case, due to his own efforts of not being here, then we can move
right along to closing statement.
The case has been presented as far as the evidence. All the
evidence has been presented that's going to be.
Mr. Ossorio, or Mr. Kennette, if you want to make a closing
statement on this --
MR. OSSORIO: I will.
Page 47
February 18,2009
CHAIRMAN JOSLIN: -- and then we'll close the public hearing.
MR. OSSORIO: It was heard today in testimony that Raymond
Berube Brothers did enter into contract to build a single-family pool.
It was also clear on the record that he violated the specific state
statute, and he also violated Florida Building Code and also violated
Count I of 4.2.2, willfully violating the applicable building codes of
laws of the state, the city and the county.
We recommend you find Mr. Raymond Berube guilty of
violating the Florida Building Code and guilty of 4.2.2 of willfully
violating the applicable building codes of the laws of the state, city
and Collier County.
CHAIRMAN JOSLIN: Thank you, Mr. Ossorio.
Once again, Mr. Berube is not here to respond, unfortunately. So
at this time I think we'll make a motion to close the public hearing,
unless the staff has any other evidence they want to bring before us
before we do that.
(N 0 response.)
CHAIRMAN JOSLIN: No. Motion?
MR. L YKOS: I make a motion that we close the public hearing.
MR. GUITE': Second, Guite'.
CHAIRMAN JOSLIN: Motion and a second to close the public
hearing. All in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries.
This is -- gentlemen, and guests in the audience, this is when we
Page 48
February 18,2009
go into deliberation ourselves to decide whether or not this crime or
this case is found guilty or not guilty of the penalty that he's being
charged with.
MR. L YKOS: It's pretty straightforward.
CHAIRMAN JOSLIN: It doesn't need a whole lot of discussion
on this one, I don't think, huh?
MR. NEALE: With the board's permission, I'm not going to go
through the whole charge to the board, because I think the board
members are fully apprised of what their responsibilities are in this
matter and can handle it without that.
CHAIRMAN JOSLIN: Read it to the record for us, though, or a
little bit of it, what we can do.
MR. NEALE: Sure. Just that in this case the board shall consider
evidence presented solely at this hearing in consideration of the
matter. It shall exclude from its deliberations any irrelevant,
immaterial or cumulative testimony. It shall admit and consider all
evidence of a type commonly relied upon by a reasonably prudent
person in the conduct of their affairs.
In this case hearsay may be used to explain or supplement other
evidence, but by itself is not sufficient to support a finding in this or
any other case.
The standard established for a case such as this, which is one
where it does not directly affect the license of the license holder,
because this board does not have the power to revoke his license, is a
preponderance of the evidence or basically one grain more than 50
percent.
The standard in evidence to be weighed is solely as to the charge
set out in the complaint, which is Section 4.2.2 of the Collier County
ordinance, which has been read into the record already.
In order to support a finding that the respondent is in violation of
this, the board must find facts that show the violations were actually
committed by the respondent, and they must show to a preponderance
Page 49
February 18,2009
of the evidence standard the legal conclusion that the respondent was
in violation of the relevant sections.
That charge is the only one the board may decide upon, as it's
the only one to which the respondent could have prepared a defense,
had he decided to show.
Any damages really may not be imposed by this board, other
than the sanction of removing permit-pulling privileges because of the
fact that this is a state certified contractor.
The decision made by this board shall be stated orally at this
hearing as effective upon being read by the board.
The respondent, if found in violation, has certain appeal rights to
this board, the courts and the State Construction Industry Licensing
Board.
The board shall vote upon the evidence presented on all areas,
and if it finds the respondent in violation, adopt the administrative
complain as presented.
The board shall also make findings of fact and conclusions of
law in support of the charges set out in the complaint.
So the board can proceed ahead to find whether he's in violation
or not.
CHAIRMAN JOSLIN: Okay, that's the next step.
Any other discussion, gentlemen, or I need a motion to find the
charges guilty or not guilty.
MR. GUITE': I'll make a motion.
CHAIRMAN JOSLIN: Okay.
MR. GUITE': I make a motion that we find Raymond Berube,
d/b/a Berube Brothers, guilty of Count I, 4.2.2, willfully violating the
applicable building codes of (sic) laws of the state, city or Collier
County. That we find him guilty.
CHAIRMAN JOSLIN: I got a motion finding Mr. Raymond
Berube guilty on Count I. I need a second.
MR. JERULLE: Second.
Page 50
February 18,2009
CHAIRMAN JOSLIN: Motion and a second.
Any further discussion?
(No response.)
CHAIRMAN JOSLIN: No? All those in favor of the motion,
signify by saying aye.
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries six to none.
All right, now into the penalty phase, Mr. Neale.
MR. NEALE: Since the respondent was found in violation, it
must decide on the sanctions to be imposed. As noted previously,
since this is a state contractor, the only sanction which may be
imposed is to deny the issuance of Collier County or city building
permits or require the issuance of those permits with specific
conditions.
In setting out the sanctions, the board shall consider the gravity
of the violation, the impact of the violation, actions taken by the
violator to correct the violation, previous violations committed, and
any other evidence presented at the hearing by the parties relevant as
to the sanction that's appropriate for the case, given the nature.
The board also shall issue a recommended penalty to the State
Construction Industry Licensing Board. That penalty may include a
recommendation for no further action, recommendation of suspension,
revocation or restriction of the license, or a fine to be levied by the
State Contractor Licensing Board.
MR. L YKOS: Well, I know for sure we need to pull his permit
Page 51
February 18,2009
privileges.
CHAIRMAN JOSLIN: Penalties for what's recommended or
what has happened here as far as the liens that are going to be placed,
the liens that the homeowner's going to have to payoff is something
that we can't really dictate on how much. We can just recommend that
to the state board they take the maximum action against him for the
liens that have been in place.
MR. L YKOS: Michael, do you guys have a recommendation on
this?
MR. OSSORIO: I recommend that we make a recommendation
to the State Construction Licensing Board that, $10,000 fine and
suspend his license through the state to practice throughout the State
of Florida. Since we're a closed public hearing, this is just one of
several.
CHAIRMAN JOSLIN: This is the only case that made it before
us today?
MR. OSSORIO: Some of those cases are very similar. And--
but this one was the issue with the code violation when you deal with
electrical, so this was the first one. And then we'll probably forward
all the others to the state, since we did what we could here.
CHAIRMAN JOSLIN: This is the same contractor, correct?
MR. OSSORIO: Same contractor.
CHAIRMAN JOSLIN: And will we have to hear all these other
cases that are coming before you?
MR. OSSORIO: My recommendation would be no, since we did
what we could do for the industry. We pulled his building permit
privileges, and now it's really up to the state to get these complaints,
forward them down to the Fort Myers office to do their investigation,
what they need to do.
MR. JERULLE: Does he have another license --
MR. OSSORIO: Not that I know of, no.
MR. JERULLE: -- in the county?
Page 52
February 18,2009
MR. OSSORIO: Just he's a state certified pool contractor.
MR. GUITE': And no second qualifier on Berube Brothers?
MR. OSSORIO: No.
MR. JERULLE: Surprised.
CHAIRMAN JOSLIN: Another question. Do we reciprocate at
all? Or does reciprocity enter into the factor if he was to move into
another state?
MR. NEALE: Not that I know of.
MR. OSSORIO: We could take our findings and bring them to
Lee County Licensing Board for their review and to see ifhe's doing
work up there.
And I will be communicating with the surrounding counties to
see if he's doing other work up in Lee or Charlotte or Sarasota of some
type. Because our finding of facts can be forwarded to their other
licensing board for their full review, if they want to --
CHAIRMAN JOSLIN: But as far as to go like to another state,
say it be Texas or Louisiana or any of the other states, we have no
recourse to transfer any information there because of what's going on
here?
MR. OSSORIO: No. But I have a fair estimation that the state
will do their due diligence when they're doing their state licensing
investigation.
CHAIRMAN JOSLIN: I gotcha. Okay.
MR. L YKOS: So we need to revoke his permit privileges in
Collier County.
MR. NEALE: Really, the board needs to -- you can either do it
as a combined single motion or as two separate motions. One is to
impose the sanction of revoking his permit-pulling privileges here in
Collier County and in the other areas that Collier County has
jurisdiction over, which is City of Marco and City of Naples.
And then either as part of that motion or as a separate motion,
then make the recommendation to the state of whatever penalties you
Page 53
February 18,2009
believe the State Construction Industry Board should impose when
they hear this case.
And then obviously, as Mr. Ossorio says, they're going to
forward the information they have on this contractor on all the other
cases to the state for their review as well.
MR. OSSORIO: By statute we have 15 days from the board
hearing to notify the State Construction Licensing Board of what we
did here today. So after this meeting we have 15 days to bring it to the
director of the Licensing Board in Tallahassee so they can take action.
MR. L YKOS: Two more questions, Mr. Neale.
Can we invoke a fine? And if we can --
MR. NEALE: No.
MR. L YKOS: -- is it worth it in this case?
CHAIRMAN JOSLIN: No.
MR. NEALE: You can't. The only power the board has in the
case of a state contractor is to revoke permit-pulling privileges. The
only thing the board can do is recommend to the state, as Mr. Ossorio
suggests, the maximum fine amount, which is $10,000.
MR. JERULLE: And what about the homeowner, can she --
anything we do help her apply for the state fund?
MR. OSSORIO: When you deal with a state certified pool
contractor -- and the chairman can probably tell you a little bit about it
as well -- it's not Tier 1 contractor, so there is no recovery for a
homeowner who contracts with a non Tier 1 contractor, which would
be general building or residential.
But the state will try to go after some assets, if they could, and
they'll try to mitigate it. But this is a long process for this homeowner,
and there's a serious code issue on that property, so we need to get it
fixed.
CHAIRMAN JOSLIN: This is something that we'll -- she'll have
to do civilly, more civilly than anything else, but at least our input and
our findings will help the case, no doubt, and when she does have to
Page 54
February 18, 2009
go to court against it. When a Tier 1 contractor is a specialty --
swimming pools are specialty contractors. As much as I hate it.
MR. L YKOS: All right, I will make a motion that in the case of
Board of County Commissioners versus Raymond Berube, d/b/a
Berube Brothers, Incorporated, Case No. 2009-04, License No.
CPC1456893, having found Raymond Berube, d/b/a Berube Brothers
guilty of Count I, willfully violating the applicable building codes or
laws of the state, city or Collier County, that the Collier County
Licensing Board revoke -- permanently revoke permit-pulling
privileges from the license holder.
MR. GUITE': I'll second that.
CHAIRMAN JOSLIN: And one motion?
MR. L YKOS: Well, I was going to do a second separate motion
for the state.
CHAIRMAN JOSLIN: Okay. A second?
MR. GUITE': I'll second.
CHAIRMAN JOSLIN: Motion and a second. Any discussion on
it?
(No response.)
CHAIRMAN JOSLIN: All those in favor, signify by saying aye.
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries.
MR. L YKOS: I just wanted to make sure I got it right with the
state. We're going to recommend to the state that they revoke his
permit privileges and levy the maximum fine.
Page 55
February 18,2009
MR. NEALE: And I believe what Mr. Ossorio suggested, and
the board can recommend this, is that the state not revoke his
permit-pulling privileges but revoke his license.
MR. L YKOS: His license.
CHAIRMAN JOSLIN: And impose the maximum fine.
MR. NEALE: And impose the maximum fine. So you can
recommend both of those things.
MR. L YKOS: Well, I will make a motion that we recommend to
the state that the Berube Brothers, Raymond Berube d/b/a Berube
Brothers license be revoked and that they invoke the maximum
penalty .
MR. JERULLE: Second.
CHAIRMAN JOSLIN: Motion and a second. All those in favor,
signify by saying aye.
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: That motion carries.
Okay. Now, for the fun part.
MR. NEALE: You have the summary there?
CHAIRMAN JOSLIN: No. I haven't got it yet, remember?
MR. L YKOS: Are you going to do the long version?
MR. NEALE: I'm getting the short version up here.
This cause came on -- for public hearing before Contractor
Licensing Board on February 18th, 2009 for consideration of the
administrative complaint filed against Raymond Berube d/b/a Berube
Brothers, Incorporated, License No. CPC1456893. Service of the
Page 56
February 18,2009
complaint was made in accordance with Collier County Ordinance
90-105, as amended.
This board, having at this hearing heard testimony under oath
received evidence and heard arguments respective to all appropriate
matters, thereupon issues its findings of fact and conclusions of laws
and order of the board as follows: That Raymond Berube, d/b/a
Berube Brothers, Inc., is the holder of License No. CPC1456893.
That the Board of County Commissioners of Collier County,
Florida, is the complainant in this matter.
That the board has jurisdiction of the person of the respondent,
and that Raymond Berube was not present at the public hearing and
was not represented by counsel at the hearing on February 18th, 2009.
All notices required by Collier County Ordinance 90-105, as
amended, have been properly issued and were personally delivered.
Respondent acted in a matter that is in violation of Collier
County ordinances and is the one who committed the act.
That the allegations of fact as set forth in the Administrative
Complaint as to Count 4.2.2, willfully violating the applicable
building codes or laws of the state, city or Collier County. And
ordinance Section -- whoops -- are found to be supported by the
evidence presented at the hearing.
The conclusions of law alleged and set forth in the
Administrative Complaint as to the Count 4.2.2 are approved, adopted
and incorporated herein to wit: The respondent violated Section 4.2.2,
willfully violating the applicable building codes or laws of the state,
city or Collier County. As amended (sic) in the performance of his
contracting business in Collier County by acting in violation of the
sections set out in the Administrative Complaint with particularity.
Order of the board: Based upon the foregoing findings of facts
and conclusions of law, and pursuant to the authority granted in
Chapter 489, Florida Statutes, and Collier County Ordinance No.
90-105, as amended, by a vote of six to zero -- I'm sorry, six in favor
Page 57
February 18,2009
and zero opposed, a majority vote of the board members present, and
the respondent has been found in violation as set out above.
Further, it is ordered by a vote of six in favor and zero opposed,
a majority vote of the board members present, that the following
disciplinary actions and related order are hereby imposed upon the
holder of Contractor Certificate No. CPC1456893.
That he's been found guilty of Charge 4.2.2.
That his permit privileges (sic) in Collier County be immediately
suspended or revoked, and that, number two, the information is
forwarded to the Florida State Industry Licensing Board for maximum
penalties, and that his license there be also immediately revoked.
And it is so ordered, Mr. Lykos.
It's always sad to take someone's license, you know. But
unfortunately this is something that has to be done. There's not too
many licenses that we've taken over the years, and we're starting to see
an influx of more of this coming about. Not a good thing.
All right, anything else? Any other reports anyone wants to give
or say or recommend?
(No response.)
CHAIRMAN JOSLIN: Ifnot, Mr. Ossorio?
MR. OSSORIO: Nothing further.
CHAIRMAN JOSLIN: Our next meeting date will be
Wednesday, March 18th, 2009, right here in the same building. And I
just need one last motion.
MR. L YKOS: Motion to adjourn.
MR. JERULLE: Second.
CHAIRMAN JOSLIN: Motion to adjourn.
All in favor?
MR. BOYD: Aye.
MR. GUITE': Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
Page 58
February 18, 2009
MR. L YKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries. See you next month.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 10:41 a.m.
COLLIER COUNTY CONTRACTOR
LICENSING BOARD
RICHARD JOSLIN, Chairman
These minutes approved by the board on
presented or as corrected
as
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
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COLl/ERCOUNrvN~
BUILDING REVIEW & PERMITTING
CITATION
Pursuant to scction 489.127. (3)(a), Florida Statucs, thc undcrsigned hereby certifies that upon
pcrsonal investigation, hclshe has reasonable and probable grounds to believe that the person
whosc name appears below, as Issucd To, did violate Subsection 489 127(1), Florida Statutes,
and Collicr county Contractor's Licensing Ordinance No. 97-68 (as may be amended from time
10 limc) by commilling the violation stated below.
Mom' ft;IJ 1" -8 -M7'],J.d9lj~_~
Issued To: ,t;4R- C J1, G/J/VbJ1t/ ~ ~
IV) r;).4 ~
UjIU([' K
7 tea .pIJI
-0 - '-60
1~eJ1Ype jf al?Rljcable) ~ lor Tag . . _ S r'/
'1l...17 <..;It ,... T __ C .I'"L<
Location of Violalion d-../OO k /,{/tLh :r~
, .oPTIONS
I have been informed of the violation of which I have been charged and elect the following
option (Check one) - 2tJ/J t!J D
I) 0 I choose to pay the penalties of $ , on the Citation.
2) 0 I choose not to pay the penalty and will request in writing by certified mail or hand
delivery an Administrative Hearing before the Contractor's Licensing Board.
Address
'3 Vlo ~
,Height
Description of Violation (Jj/2fIf.tl1/ Y Date Violation Observed _ '-()
a) 0 Falsely hold self Or busmess organization out as a license, certificate holder or
registrant;
b) 0 Falsely impersonate a certificate holder or registrant;
c) 0 Present as his Own the certificate or registration of another;
d) 0 Knowingly give false or forged evidence to the Board of a member thereof;
e) 0 Use Or allempt to use a certificate or registration which has been suspended or
' ~o~ed;
t)~ngage in the business Or act in the capacity of a COntractor or advertise self or
business organization as available to engage in the business or act in a capacity of a
contractor without being duly registered Or certified;
g) 0 Operate a business organization engaged in contracting after (60) days
following the termination of its only qualifying agent without designating another primary
qualifying agent, except as provided in ss 489.1 19 and 489.1195, Florida Statues;
h) 0 Commence or perform work for which a building permit is required pursuant to an
adopted state minimum building code, without such permit being in effect, or
i) 0 Willfully or deliberately disregard or violate any Collier County ordinance relating to
uncertified or unregistered contractors.
A person or business organization Operating on an inactive or suspended certificate or
registration, or operating beyond the scope of work or geographical scope of the
registration, is not duly certifie registered.
PRINT (RECIPIENT'S NAME)
~ /4/;1ttL-/7~
PRINT (INVESTIGATOR'S NAME)
Pursuanlto 489.127, Florida SI"lllCS, willful rcfus"llo sign and "cceplthis cit"tion Constitutcs
a misdemcanor of the second degrce, punish"ble as provided in seclion 775.082 Or 775.083
Florida Statutes.
V' (SEE REVERSE FOR INSTRUCTIONS) V
COLLIER COUNTY CONTRACTORS LICENSE DEPARTMENT
Community ~evelopment & Envi:l~onmental SerVices Division
Contractor's licensing Investigation Report
(Supplemental & Continuation Sheet)
R~port Date~ -,)-09 Original Date -
Page - Investigator I). I' ePiler/'e-
Complainant LiNt/utA/tiff) Contractor t;)iet 1J. ('J~R aM .JlJ:-
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Date
Investigator
Details
Page 1 of 1
Collier County Tax Collector
3301 Tamiami Trail East
Naples, FL 34112-4997
Collier County Business Tax Receipt
Tax Year Info: 2008
I BUSINESS INFORMATION I
I License #11992421 I
1 Name:IIROBERT THOMAS I
I DBA:I
1 Loeation:112001 43RD LANE SW 1
1 zoned:IIHOME OCC 1
1 Mail 1:112001 43RD LANE SW 1
I Mail 2:1
City, Sta~e, INAPLES FL 34116 I
Zip: '
1 Phone: 11353-2565 I
I Code: 1103 7033061lDeseriPtion: PUBLIC
SERVICES
G G MAl NT.
SERVICE/ NO
CONTRACTOR
WORK
B OWNER
County Lie: Category: ONLY-NO
EMPLOYEES
I City Lie: I I Preq:1
OWNER INFORMATION I
Name l:IITHOMAS, ROBERT I
Name 2:1
Address 1:1
Address 2:1
City, State, Zip: I
phone:IISAME I
Next Record I
** LICENSE IS PAID **
** LICENSE IS OPEN**
[ New Search Next Record I
[ Back To List
http://www.colliertax.com/search/ols _ details.php?ID= 1 0273&page=&year=2008 2/4/2009
Contractors' Licensing Board
Community Development & Environmental
Services Division
2800 N. Horseshoe Drive
Naples, FI 34104
To whom this letter may concern,
I was told that the process of my application for my contracting license of tree
trimming and landscaping has been temporarily denied due to my credit history. The
reason my credit history is sub-par is due to my child having medical emergency's. I
didn't have medical coverage for my child and I due to business being rough throughout
the past few years. Since then my child has been on medical coverage and I haven't had
issues. Trying to run a business and being a single parent is financially taxing. I have
been paying the bills to the best of my ability when I can. The country is in a financial
conundrum due to the lack of spending and financial stability. If I don't have positive
cash flow coming in to the business than there is nothing I can financially do. Due to this
when money comes in operating bills must be paid, employees salaries, and living
expenses. I have never in the history of the company had a financial situation in regards
to the business. The business is always financially sound and I take the financial hits so
the business doesn't. My personal financial situation should never be considered for an
approval for such a license only the businesses. I'm sorry to here that your division is
even contemplating the idea of declining my application due to this. I am applying to
Naples area to increase work flow for this very reason. It's a catch 22, I am trying to get
licensed for the very reason your declining me. Please reconsider my application for a
contracting license of tree trimming and landscaping.
R;JI4~
Noel Agosto Jr.
Noel & Junior Tree Services Inc
4741 14th Ave SE
Naples, FI 34117
(239) 384-3318
r
Colt-y County
~ ~......
- ~ - -
BUILDING REVIEW AND PERMITTING
CONTRACTOR LICENSING SECTION
Contractors' Licensing Board
Community Development & Environmental
Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
Telephone: (239) 252-2431
Fax: (239) 252-?#)9 A
~
Instructions: This application must e typewritten or legible printed. The
application. The fee is NOT refundable after the application has been ace
checks should be made payable to the "Board of County Commission
Collier County Ordinance No. 2006-V a~ed.
1. Name of Firm N/}$L'fJ... JiJII/Dfl (;i.EE 56RVlc.'JZS
D/B/A (if applicable)
2. ~74( /411t ~11e' s.r.
Business Address (Num er & Street)
3. # 7 "f I Ii-fA liVe S c. tJ 1/ f' '-~S
Business Mailing Address City
4. Business Phone Number: (i3?) '71'>- ~o I.J' Mobile Phone Number:
COLLIER COUNTY/CITY OF NAPLES/CITY OF MARCO
APPLICATION
FIRM - PART I
E
iRAPH
)
.2"
ENESS.
, this
Is. All
nsult
;;F',J ~
Nfl PUS
City
FL
State
~'-
State
5. Fax Number:
Federal Emp. 10#:
6. Legal form of Business: Corporation:
t/
LLC:
:3 tfl/7
Zip Code
.3~/17
Zip Code
(Z?J9) 3ef+- 33/P
~ 5"- 1)15" /';i5lJ
Iff; IZ'L II G 1)5 tD
(License Holder)
8. INDICATE NATURE OF REQUEST - (A) To Qualify as a:
( ) General $150.00 ( ) Electrician $150.00
( ) Building $150.00 ( ) Plumber $150.00
( ) Residential $150.00 ( ) Air Conditioning $150.00
( ) Mechanical $150.00 () Roofing $150.00
( ) Swimming Pool $150.00 (I) Specialty $135.00 xL. ~
--r -r_. . /, a...n nSca.o \ nQ
Lle.e I r', mml no 1- ]Specialty trade tYPr
( ) From Individual to QJatfying a Business
( ) From Qualifying a Business to Individual
( ) To Qualify Additional Entity
( ) From One Business to Another
7. Name of the Firm's Qualifying Agent
(B) Chanqe of Status: $10.00
( ) Active License to Dormant
( ) Dormant License to Active
( ) Address Change
( ) Reinstatement
D'3~
8;~~ \
r
Page 1 of 5
9. The names, titles, home address and phone numbers of all Officers/Managing Members of the Firm.
NtJ~L 116a.5 In (fk~/J[),f)
II d ../-I-r,\ (:J~Cj'~fAPl7
IV o~ L-. r/~P.511> l-'Yj ,-fY~tI.sv!:,/
'I7tf/
1741
11'4I/V6S,6'. NIJPU; rL .31//7
1tf!l-I1Vt- Se NFlPlA.1 rL :?:Jf//7
10. List all businesses, firms, entities or contracting businesses you have been associated with during the last ten
years (ex. Held a license for or been a partner). Attach extra pages if needed.
11. List all debts you or any company(s) associated with you refused to pay and the reasons for the refusal to pay.
Attach extra pages if needed.
AFFIDAVIT
I, )/tJEL 1t;~~~/t>
certify that the lo,egoi1:; 'liect to the best of my knowiedge.
Authorized Officer of the Firm
STATE OF FLORIDA
COUNTY OF C!..D J /I$"I'?.
The foregoing instrument as acknowledged before me this 0 I ~.5" / '2-0 [) 'j'
-r (Date) ~
By NO€L 1/6()$/1J.:JY. ~ of No,t F,.;TV,./Jt)/{ IYEE"~pt)a
(Name of officer, title/agent) (Name of Corporation)
Fl /) I? /411 Corporation, on behalf of the corporation. He/She
(State or Place of Corporation)
has produced ,.:.l)R IV;:I( L..lt~"1S't.--
as identification and did not take an oath.
Q) .alEA.lWAMA
: i MY COMIIssIoN , DO 494684
. EXPIFES: FebruaJy 5, 2010
1londIlI1IIu Nalwy "'*........
NOTARY'S SEAL
,
Page 2 of 5
APPLICATION
COLLIER COUNTY/CITY OF NAPLES/CITY OF MARCO
FIRM - PART I J
tto be comDleted bv the Qualifvina Aaent\
Contractors' Licensing Board
Community Development & Environmental Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
Telephone: (239) 252-2431
Fax: (239) 252-2569
2. Home Address of the Qualifying Agent
FL OYfd"1I 3 ifJ' '1
3. Name of the Firm It/ b cL
1. Name of Qualifying Agent /} Gas -TO ;J DeL
(Last) (First)
o ~ /0 s;-/s I> S.S. # 000-00- 10 {J.3
f (Last 4 numbers only)
Driver's License # fJ z.. ~ j - L -z..o - 8 b - z, flr - /)
4-7tf/ . /1#. Illle" 5. E. ;VfJPLES,
t' '
Home Phone # (~":3 9) 77r - 7-t> L. ~
j.. ;Tv tJ//J1( -r;;p-~ 5 t;KJ J t..4C ..fAIt!.->
(Middle)
Date of Birth
4. Type of Certificate of Competency for which application is made.
7Ii~ 7Ii/111 P1/ N'G. LAAJds'CIJPIAlG
/
5. The names and telephone numbers of two persons who will know your whereabouts.
L Idi '.i. {7&:r/uJ rJ.bN..&/I: 7gf.- 5.4-- SlJ/fF
I3I(~AI' d4 51li I?k5 f7hNL/ 1ft,- 2--/:>3...- f'31..s
I
6. Have you ever been convicted of a crime related to Contracting? II 0
(If yes attach extra sheet with explanation)
7. Have you or any firms you have been associated with ever filed bankruptcy? ;V /)
8. List all debts you or any company(s) associated with you refused or failed to pay and reasons why.
,NtJJI&
9. List your business or work experience during the past ten years.
j.)[)~t A ,;]U ;;0(< ~* S FRv/~t-\. fNc
10. Statement of any formal training you have had in the area for which the application is made.
r
Page 3 of 5
AFFIDA vIr
The undersigned hereby makes application for Certificate of Competency under the provisions of Collier
County Ordinance No. 2006-46, as amended, and vouches for the truth and accuracy of all statements and answers
herein contained.
The undersigned hereby certifies that he is legally qualified to act on behalf of the business organization
sought to be licensed in all matters connected with its contracting business and that he has full authority to
supervise construction undertaken by himself or such business or organization and that he will continue during this
registration to be able to so bind said business organization. The qualified license holder understands that in all
contracting matters, he will be held strictly accountable for any and all activities involving his license.
Any willful falsification of any information contained herein is grounds for disqualification.
;JDE:~ ~6/)5-rf)
APPLICANT (PLEA E PRINT)
NDEl R :];;JJIDe -;;~G" S-E~V)C~...;1/t.t.-
NAME OF COMPANY
,RJM-
SIGNATURE OF APPLICANT
STATE OF FLORIDA
COUNTY OF a IJ LL / ~ I<
by NDeL ~bbS~
(Name of person cknowledgmg)
who has produced
DI,//~/ ~O()/
(Date)
~Y;vt- LIC~t/Sb
(Type of identification)
The foregoing instrument as acknowledged before me this
as identification and did not take an oath.
JCl6E R. OAI.AMA
MY COMMISSION . CD 494684
EXPIRES: Febnlary 5. 2010
IIlIndIdllllu NcMry PIiIIIc ~
NOTARY'S SEAL
.;;;.> ~ R. :D '4 III ft11/
NOTARY PUBLIC
(PRINT NAME OF NOTARY)
,
Page 4 of 5
* * ** * ** * ** * ** * ** * * * * * * * *
STAFF USE ONLY:
}/d.e L
Given in
tJ 1"- ;2-/ ~c cJ<::F"
,
L,".L/" t;;.
aken on tJ / - tJ 5 - :z ~ t1 fl.
U LL,oL/" ~ "
r
Page 5 of 5
AFFIDA VIT
It is understood and acknowledged by the Collier County Contractors' Licensing
Board and myself that if I fail to acquire, or maintain at all times effective
Workmen's Compensation Insurance it will result in the possible revocation of my
Certificate of Competency.
.;f/J {vi
SIGNATURE OF APPLICANT
dod J-. $11I1/)1( ~e .5'&RV1a-$v
BUSINESS NAME
Ol/IS- /7-0&> i
DATE I
i
BEFORE ME this day personally appeared Aft) Et 1 GO.srWhO
affirms and says that he has less than one employee and does not require
Workmen's Compensation and understands that at any time he employs one or
more persons he must obtain said Workmen's Compensation Insurance.
STATE OF FLORIDA
COUNTY OF eo LL/ IE of
o///5hp&>?
(Date)' .
by ;J PEl.. IJ c;; J)~t;; who has produced _~rl';EIf f-fU>?d-
(name of person acknowledging) (Type of identification)
The foregoing instrument was acknowledged before me this
as identification and who did not take an oath.
u.~~~
NOTARY PUBLIC
NOTARY SEAL
Q) JOSE R. DAI.AMA
. tl( COMMISSION , DO 494684
EXPIRES: February 5, 2010
....... TlIu NeIlly NIlIc '-'*"'*"
r
VERIFICATION OF CONSTRUCTION EXPERIENCE
Collier County Contractor Licensing
c/o Community Development & Environmental Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
Telephone: (239) 403-2431, (239) 403-2432 or (239) 213-2909
Applicant's Name:__ ~ ~ E L 11 GtJ..5 ;0
Certificate Category Requested:. ~e(" ~:-,~ t Lc;rldScf///e,.-:
The Applicant is seeking a Collier County Certificate of Competency in the trade indicated above. As part of
the application fOI' this certificate the Applicant must verify their experience within this trade. You are
being requested to provide information that will aid the Applicant in meeting this requirement. You should
verify time of acti vc experience as an apprentice or a skilled worker (e.g. as a worker commanding the wage
of mechanic or better in the trade). Time served solely in a supervisory or administrative role should be
described, but mayor may not be considered sufficient to demonstrate required trade experience. The
person verifying teade experience must provide the following information:
Name, Title and license number of the person signing below and verifying Applicants relevant experience:
Name: Jv.. CW7 fJ CCJ't-o
Title: p If ~S / k'>1 i License Number (if applicable):
Name of Business: )"#15 LIJWN..Q 611~2>EtJ _5E~v/aL e[)f?P
Business Address:-.L .' ~ 00 5. (,0 /)S-G? Sf- ;-loJY1 e-:;./c<;) /..::/.
Business Phone:.:5t> t;.. 'ZS.f- 'fa, 'l,;fhe Applicant's years of experience from / 9'r i to :2. 0 0 (I
The applicant's SCOP() of work (specific duties) included: Hee
,
~.'Y7"l ~er: ?
~.e Re~v<;~
#1.$0 /~rlds' S4' er-..
Additional Comments:
Falsifying any information provided herein may subject your license to rev~ ~
-, y
~
Signature ~
Printed Name: a lJ tA VI
State of Florida
. ___g~~!1tY_()~_<2o~lier __
The foregoing instrument was acknowledged before me on this / .5" day of v7ll III U /I t<. '/ ,
by . who is personally known to me or produced d YI {j 6 R
identification and who did not take an oath. d~ /I-J:;" ~
Signalli N ary ~
. .
fJ
c61IJ
"2-00 r
~(UYJSt.-
Q) JOSE R.IW.AMA
. . MY COMMISSION . 00 494684
\ . EXPIRES: F6JIIy 5, 2010
1IondlId11ru NaIIry NIle \.hlIIWIIIII
'VERIFICATION OF CONSTRUCTION EXPERIENCE
Collier County Contractor Licensing
C/O Community Development & Environmental Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
Telephone: (239) 403-2431, (239) 403-2432 or (239) 213-2909
Applicant's Name: Af()EL f/ t;;;;fJ5 /6
Certificate Category Requested: -;?;e.e ~;fl-1W'1er- I Lq"".d5C<;/-er'
The Applicant is seeking a Collier County Certificate of Competency in the trade indicated above. As part of
the application for this certificate the Applicant must verify their experience within this trade. You are
being requested to provide information that will aid the Applicant in meeting this requirement. You should
verify time of active experience as an apprentice or a skilled worker (e.g. as a worker commanding the wage
of mechanic or better in the trade). Time served solely in a supervisory or administrative role should be
described, but mayor may not be considered sufficient to demonstrate required trade experience. The
person verifying trade experience must provide the following information:
Name, Title and license number of the person signing below and verifying Applicants relevant experience:
Name:
;;JoSE I1fJ~dl-}
f7/( ~sldt.l1T
FULL
License Number (if applicable):
Title:
L 11 N'c./s CIl fll N(;. ;;:. /J c!-
/
Business Address: . <. il () t,r-) S t:. ) .j- H i' cd e c. k ,= L ' '3 3 () I;)..
Business Phone:{~t)r) .5' 2 7; '716/The Applicant's years of experience from ~"I> (" to '2- 0 () R
The applicant's scope of work (specific duties) included: ~ee ~/'.r.n~""'" ,I /~c~
Name of Business:
Additional Comments:
Falsifying any information provided herein may subject your license to revocatio~
,._ .._..,_..Signature
Printed Name: :::;;;s -I' ,fi),arl.P.J} er
State of Florida
County of Collier
TIle fo~oing instrument was acknowledged before me on this ~ day of -::!Ii ~ltJ k':(;
by -::.J "~E Po./.6'41/ who is personally known to me or p duced :t>1f: ';e.
as identification and who did not take an oath.
.OlE R. DAI.AMA
MY~' 00494684
EXPIRES: FebnJIry 5. 2010
IlandId 1IIu NalIIy "'* lbInllIIn
Sign t
AFFIDAVIT OF
INTEGRITY AND GOOD CHARACTER
I, Lu..~~ M. M~\c..c... , am a resident of ,}...U~LM.:, U ~.e
County, ~ to l' ~ Cc... (State) and have resided here for more than five (5) years.
During the last five years I have known t\,\o.e\ ~O~\O (Applicant). I have had the
opportunity to observe his or her business and personal dealings and find him or her to be a person of
honesty, integrity and good character.
(Signature) (L..u.W~ ~. -rt1~o..
(Name) Lu..~ ~ vu.. vt-i.O)\c...~
(Address) I Qa.a3 tUW ~ tfG~
tY.~~', C.V~~ ;::l. 3jO$"b
(Telephone) 7/rfo -rr'l- 9J1S;-
STATE OF FLORIDA
COUNTY OF
. ~
The foregoing instrument was acknowledged before me this :.JI)PVI11?Y 15" "Z-fJd 9 by
(Date)' ,
L pi s 117. 1111J.:ri cl} who has produced :1J II II ~ f? L-/CL ~ S"t..--
(name of person acknowledging) (Type of identification)
as identification and who did not take an oath.
s~~;;~
-----
.<J tiS €. If ~ q t.~1'J1/
(PRINT NAME OF NOTARY)
NOTARY PUBLIC
NOTARY'S SEAL
JOSE R. DAI.AMA
MY COMMISSION , 00 494684
EXPIRES: F8bnIIIy 5, 2010
IlandIdlllu NalIly PIdc~
r
AFFIDAVIT OF
INTEGRITY AND GOOD CHARACTER
I, [rlL E Ln€.Ue1'Y~1 , am a resident of Mi~', \)~.e
County,
~\.orl~
(State) and have resided here for more than five (5) years.
During the last five years I have known I\\oe\ ~ O\\.o (Applicant). I have had the
opportunity to observe his or her business and personal ealmgs and find hIm or her to be a person of
honesty, integrity and good character.
(Signature)
~tL
(Name) f"d<.. e(h.ever..~
(Address) \IQ~ S4 N.W t.tt( A.\J8
y\.\~,,~', C<.Iben,~ t='l.. 3~c.5T'
(Telephone) $or- 9.a-6 - S-(.~J '?
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this 'JI,tJVIIR1 /~ "ZD/)'lby
r:.' r:- L (Date)
.t::.F{/e ~ t:J"EII~RIU who has produced -2)1('I";~1<.. L-./Ll."1?5~
(name of person acknowledging) (Type of identification)
as identification and who did not take an oath.
d4~y
-----
~ [).s. €. If 2J Ii L- f1 />1 A
(PRINT NAME OF NOTARY)
NOTARY PUBLIC
NOTARY'S SEAL
JOSE R. DALWA
I MY COMMISSION' DO 494684
EXPIREs: F8brI8y 5, 2010
....... 'IIllU HDtIly PIMc lhIIrMIIn
LOCATION: 4741 14TH AVE SE
ZONED: HOME OCCUPATION
BUSINESS PHONE: 775-2068
COLLIER COUNTY BUSINESS TAX RECI:IPT NUMBER: 070716
COLLIER COUNTY TAX COLLECTOR - 2800 N. HO~SESHOE DRIVE - NAPLES FlORIDA 34104 - (239) 403-2477
VISIT OUR WEBSITE AT: www.colliertax.com
THIS RECEIPT EXPIRES SEPTEMBER 30, 2008
DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION
FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS.
LEGAL FORM .
^ .. or' "~"~" ,." f:_
"9~~.9RA TION'
<l"\""'~'~ ~.
''"') .
(.," .' I
''';/,/1 ~;
""",., 'if'
..
NOEL & JUNIOR TREE SERVICES. INC
.\
-",at
."4, .
r"t" '.1'",- ,..<t<<
i....) ~
.
. '" f
~~ .':
'\
,-Ii
.....AGOSTO NOEL
'\ '
~,
"(:';;1
r
4741 14TH AVE SE
;,'
, NA~~
t
~ #
NUMBER OF EMPLOYEES: 1-5 EMPLOYEES \. "l,. II! ."
ClASSIFICATION:LAWN MAINTENANCE ONLY ._." .' 'NO PLANTING OR TR1:E SERVICE
r s:"',
ClASSIFICATION CODE: 03702701 -<7. '" '.." ~. _ .... ........ ..< t f
this document is a business tax only. This is not certification that Iice~~e/s'qU}lIi{ied,'r': J .
It does not permi! the Hcensee to violate any existing regulatory zoning laWs'of'.tbd s~,a!e\.county or cities
nor does it exempt the licensee from any other taxes or permits that may be required by law.
FL 34117
DATE 08/2712007
AMOUNT 42.00
RECEIPT 4403.42
4p ,r'~
COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 070716
COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477
VISIT OUR WEBSITE AT: www.colliertax.com
THIS RECEIPT EXPIRES SEPTEMBER 30, 2009
LOCATION: 4741 14TH AVE SE
ZONED: HOME OCCUPATION
BUStNESS PHONE: 775-2068
LEGAL FORM
.' !;' /""',
CORPORATION t t
\ '. "
DISPLA Y AT PLACE OF BUSINESS FOR PUBLIC INSPECTION
FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS.
- THIS TAX IS NON-REFUNDABLE -
....y "', ...
..... {.
-c.. ~
NOEL & JUNIOR TREE SERVICES. INC
>.
AGOSTO, NOEL
. ..( ~
;:10
f
I 4741 14TH AVE SE
,,,
~.
I NAPLES
FL 34117
;
NUMBER OF EMPLOYEES: 1-5 EMPLOYEES' .~
CLASSIFICATIONiAWN MAINTENANCE ONLY . 'NO PLANTING OR TRJ:ESERVICE
..". .,
CLASSIFICATION CODE: 03702701-/ I... '<-...... " .'" ~ ,- ,;f~lo)
This document Is a business tax only. This is not certification that Iiai~tee ;SQuali~ep. t'~; (,'
It does not permit the licensee to violale any existing regulatory zoning laWs'ot'the s\a!et~unty or cities
nor does it exempt the licensee from any other taxes or permits that may be required by law.
,~
.'-./>
/, .J
/ V ().(.(
'/
V
DATE 09/1712008
AMOUNT 42,00
RECEIPT 775.28
.-<:~:) /) ,t.L
1".'/ .. j'
\. L..t'.AL',-01
r
'"
~~
~ ACCOUNT NUMBER: 0706836
L.L.;;,t..,;. \"VUI'4 I 1 LVlIJ.\L. OU~II'4I:.~~ I AA KI:.~t:I'" I
2006 .. 2007
ACCOUNT EXPIRES SEPTEMBER 30, 2007
Location
1751 NW 108 ST
MIAMI FL 33167
NOEL & JUNIOR TREE SERVICE INC
NOEL & HUNlOR TREE SERVICE INC
4741 14TH AVE SE
NAPLES FL 34117
May engage in the bUSlness~. THiS is NOT A BILL.. DO NOT PAY
LAWN AND/OR LANDseA ING SERVICE ")
---- ,
--- , PAID
.~. -~ 225640-1-1 06129/2007 08:51 :46
BXS1 $25.00
./
-
THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY
,/
LEE COUNTY LOCAL BUSINESS TAX RECEIPT
200'1 .. 2008
ACCOUI~T NUMBER: 0706836
ACCOUNT EXPIRES SEPTEMBER 30, 2008
Location
1751 NW 108 ST
MIAMI FL 33167
NOEL & JUNIOR TREE SERVICE INC
NOEL & HUNIOR TREE SERVICE INC
4741 14TH AVE SE
NAPLES FL 34117
-
THIS IS NOT A BILL - DO NOT PAY
---
May engage)lt I e business of:
LAWN MOOR LANDSCAPING SERVICE
PAID 016243-244-1
DP500
08131/200710:35 AM
S50.00
THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY
LEE COUNTY LOCAL BUSINESS TAX RECEIPT
2008 .. 2009
ACCOUNT NUMBER: 0706836
ACCOUNT EXPIRES SEPTEMBER 30, 2009
May engage in the business of:
LAWN AND/OR LANDSCAPING SERVICE
Location
1751 NW 101\ Sl
MIAMI FL33 167
NOEL & JUNIOR TREE SERVICE INC
NOEL & HUNIOF~ TREE SERVICE INC
4741 14TH AVE SE
NAPLES FL 34117
THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY
THIS IS NOT A BILL.. DO NOT PAY
PAID 016770-292-1
DP500
09/17/200801 :52
$50.00
r
FORM NO. 401-2801AC 2!, 061
rW200835367 (Rev 3108)
U\Jdl <J UI l-oullly l,onlll1l5SI0I1IHS. BlOward County, f'lorida
BIWWARD COUNTY LOCAL !3USINESS TAX RECEIPT
FOH PERIOD OCTOBEH 1. 2008 THRU SEPTEMBER 30. 2009
PENALTIES IF PAID
OCT. - 10% I NOV. -15%
'DEC. - 20% . AftPr DEC. ~1 - 25%
DATE BUSINESS OPENED
TAX
BACK TAX
PENALTY
T.C. FEE
TRANSFER
... PIIJ~ TRX CollHclion Fep of lip to $25 00
E3fl~f.>(j on Cost of RUSII'r:'!;S T:1x If P;1l(1
On or ^ttnr NOVHnlt:pr JO.
J RENEWAL
.J NEW
.J TRANSFER
SEe #-
STATE OR COUNTY CErlT/REG II
Otlsl"".. LOCAtio" Addross:
ACCOUNT NUMBER
TOTAL
r
THIS RECEIPT MUST BE CONSPICUOUSLY DISPLAYED
TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE.
BR):)~WARD L-
)'.~"'- {'.'(-}lJt".~'i"\(
....~~
TYPE OF BUSINESS TAX PAID
RROWARO COUNTY REVENUE COLLECTION
115 S. Andrews Avenue, Rm A-100
FORT LAUDERDALE, FL 33301
www.broward.org/revenue
2008 · 2009
PAYMENT RECEIVEOAS VALIDATED ABOVE 'SEE INSTRlJCTIONS ON HEVERSE SIDE
CERTIFICATE OF COMPLETION
PRUNING FOR STORM PREPAREDNESSIPOST-
STORM RECOVERY
/~ , I.... COUNTY
-. "<,"
.- (
.'
NOEL AGOSTO
has successfully completed the training program
conducted by the Broward County Extensioo Education
Division on:
B- 538
(,
C'
c
,.:;:,,~
June 19, 2008
)u..,J..._.1 &-I-..,{!~ ldentirtcalion Number
Commerci81 Horticulture Agent 6728
TRAINFn E\lPlOYEE' 1'<OEI. M1OSTO
r
'~u\ri.j f}I., H '. r'( H~;;' \~
tA~ ,O!l !,Clllol
jW"". H .Gi iq ~;,
{"Ill fl.Oi 'H
,'.-1I.1U'I, n ;;:\ 1.:;J
'151~~_01~;,6 '1"1\' IN
~l ~ I"L,,.~.,. 1'4,,~t. '.' 't,. . "',
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r."fl.r~ln(\I.H' i.:fJHl! i \. ,.,", i. ". ,I
r.~_PHjt.,~'_~ :.',;'. t .~u ::ii;
M! I!Ti HI.: i 'I~;pr .j\,,'IT, ,'! ;'" f'.\ t:. . '" , ;. ,;.,
1'llflSUMfl fO COIl[ JI', ,:en,.. , : ;,'\i' j !;; ".-, : i,
'1 J'I
,
(,j-: :'"
t .!1 ~ ',i i
q :", I!,: : itY. i\ ;'Il.1 [)I) NnT rlw
NOEL & JUNIOR TREE SERVICE INC
OPERATING IN DADE COUNTY
J :' <JI,."
RENEWAL
"', 370155-5
"Vi'~:' ,'i
NOEL &, JUNIOR TREE SERVICE INC
,,:~~";. ,'po ..:;, ,:" '*\E!:-
BUSINESS
A CONTRACTOR:, RECEIPT
EMPLOVEE/S
1
,"If, ; !l~" I~,~RVICE
. 'Jr.!!' '"STA\ RECEWT IT NOT
"i)':.~ NO"I l' ~RM!l HI"':
'i"lt'.nTO"!Ol.'~lE ^tf'/
; 'n'~l' "~ f.'f' !'I-O,III Sf\"n-v
~~ ;,.;.' - ~mtl! ";':~: pr j W::
'-""0' '('l'l l'lltf"'- f'f,.n
; .) ~?', l-f r.' i;, "If' if:: I
':~l~~~,,~ ~"ci;; ~~!~: ;.:'~'~:~
.~::Ql!nED av tl:.W. r;~,!,. 15
"'O'i 1,~t'Htr ,GiUII,IH \H
";:r.F' Lorn';-, ot'MTlf;'!'_
(,Oft
, ',\~, 11' ~'r' ;'Ivq\
I':';,~' 'fl.~r; t>:lJNH jf,:.:
!t. 11)11)712312007
60050000129
000075.00
:.,;, \)11 a.;n SIDE
,''''AMI-DADE COUNTY
AX COLLECTOR
. 40 W. FLAGLER ST.
. 4111 FLOOR
fJlIAMl, FL 33130
1''1), la-J t' l'IH1',. r., HI
NOEL R JUNIOR TREE SERVICE
AGOS HI NOEL PRES
175] I.IW 108 ST
MIAMI FL 33167
INC
1"11,,,'
, I I. \I \I I ' \I \ \1 \I , \ , \ , , II " , \ , \ , . : \ , \ , I " \ I
*,\ \
I'll
2008 L( CAL BUS'NESS TAX RECEIPT 20011
MIAMi.{)\DE COUNTY - STATE OF FLORIDA
EXPIRES SEPT. 30. 2009
MUST'!E 'JISPI.AYED AT PLACE OF BUSINESS
PURSUANT' 0 ';OUNTY CODe CHAPTER SA - ART. 9 & 1 'I
" ; IS NOT A F31LL-DO NOT PAY
FIRST-CLASS
U.S. POSTAGE
PAID
MIAMI, FL
PERMIT NO. 231
546012-6
fllJ9'NESS NAME I lOCATION
NOEL & JUNIOR TREE SERVICE INC
OPERATING IN DADE COUNTY
OWNEFl
NOEL & JUNIOR TREE SER'ICE INC
Sec. Type of Business
213 SERVICE BUSINESS
~:;~~~~~\YR~~pCt.~ NOT A CONTRACTORS RECEIPT
t'OES rIOT PfRMIT THE
HOll)rRTOV'OLATE ANY
f ll'mn';G OR REGULATORY
c'" ZOrllNG lIIWI OF THE
r ourI' Y OR CITIES. NOR
"OES IT eXEMPT ntE
'''JUI1e . FROM ANY OTHER
PFR"'TORRECHPT
Il~ OU4jfO BY I ,t,W.ll-ltS tS
t"I)T II '_;eRTlnCA"Ort o~
1 "t H tOER-S t)t#UdCA.
'!' '01'-t
r ,\ "H'. .,T AECtrvED
" ..., . ....t'E r:OIlNrfTAX
c ,\..l.r. TOR:
09/2212008
60040000263
000075.00
SEE OTHER SIDE
RENEWAL
RECEIPT NO. 370155- 5
EMPLOVEE/S
1
DO NOT FORWARD
NOEL & JUNIOR TREE
AGOSTO NOEL PRES
1751 NW 108 ST
MIAMI FL 33167
SERVICE INC
I"/i,,,i ,)I,;I"I"!i"iJ!I,i"li",i;j!,,i,j"'li~!l~!!
r
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Florida F rofit Corporation
NOEL & Jur 1I0R TREE SERVICES, INC.
Filing In1ormation
Principa Add!",)ss
1751 NW 108TH ~ Tf tEET
MIAMI FL 33167
Mailing i\ddl '..::;s
1751 NW 1( 9TH STREET
MIAMI FL 3: 167
Register ~d Agent Name & Address
AGOSTO, I' OEL
1751 NW 1C 8TH STREET
MIAMI FL 3: .167
Officer/[ irector Detail
Name & Ad :lress
Title PTo
AGOSTO, I' OEL
1751 NW 1C 8TH STREET
MIAMI FL 3 ,167
Title SO
AGOSTO, I' OEL JR.
1751 NW 1( 8TH STREET
MIAMI FL 3:\167
Annual Heports
Report Ve. r Filed Date
2006 04/12/2006
2007 04/10/2007
2008 04/16/2008
Docum€ nt Images
r
http://ww\' .sunbiz.org/scripts/cordet.exe?action=D ETFIL&in'L doc _ number=P9900008567... 2/2/2009
. www.sunbiz.org - Department of State
04/16/2008 --ANNUAL REPORT [
04/10/2007 -- ANNUAL REPORT [
04/12/;2Q06--ANNlJAL REPORT [
04/25/2005 -- ANNUAL REPORT [
03/17/2004 -- ANNUAL REPORT [
07/17/2003 -- ANNUAL REPORT [
02/21/2002 -- ANNlJAL REPORT [
04/27/2001 -- ANNUAL REPORT [
03/20/2000 -- ANNUAL REPORT [
09/28/1999 -- Domestic Profit [
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http://www .sunbiz.org/scripts/cordet.exc?action=D ETFI L&in~ doc number= P9900008567... 21212009
RESOLUTION OF AUTHORIZA TON
x
WHEREAS ;1/ De!.. ~ ::r;,.; / OR h6. -.5DIN(C.~roposes to
A (Name of Business Entity) ~NC
engage in contracting as L D ~ .ppa,/J -r10 N In
(Type of legal entity: corp., partnership, etc.
Collier County, Florida, according to Collier County Ordinance 2006-46, as amended; and
~ ) b.rj..-.-- :;:A/~
WHEREAS 1V()~l.l ~UtJIOf( /Y'rEE" S5/N1U- proposes to
(Name of Business Entity)
qualify for a Certificate of Competency with Xl /) ~ L FJ GO tJS -rO
(Name of Individual)
NOW, THEREFORE, BE IT HEREBY RESOLVED THAT:
We the undersigned f> I( ~ S / dt.- ;ft of
'J -r- -r- . (Officers, Owners, Partners)
III /J~L :it ...J U'" / D ~ 7Y""u -5~""ereby resolve and represent to the Collier County
(Name of Business Entity) ~AJe- I L /) -I--
Contractors' Licensing Board that the qualifying agent, 1\ /) & '7 G {)S/ D , is active
i I (Name ofJpdividualk
in all matters connected with the contracting business of /Uo~L ~ :;tJ,Jlb~ IJl:li'S-"RW,e,1tnd
(Name of Business Entity) ~M:,-
We further resolve and represent that AI 0 Ii '- 16PS {1J is
1./ 1 -r ~ (Names of Individual)
legally empowered to act for!'r De:.. j.. ~ tJ llI/b K Iri'E.5o?-IJ6n all matters connected with ;.-
(Name of Business E~tity) .:7" /Jt.--
sqntracting busi!,less, and has the authority to supervise construction undertaken by 1jD ff7 0
tJl..J2E.L )" ~hl-,iJ/)rt 7?~E" SOCV1tJ/JIIIC/ U ._~
(Name of Business Entity) (f1iY-
DULY PASSED AND ADOPTED THIS day of
'-
(Officers, Partners, Owners.
Designation undemeath)
Witness
Witness
Witness
Corporate Seal (if Applicable)
Or Notary Public Certificate
Sworn to and subscribed before me this _ day of
,_by
Notary Public Name Printed
Commission Number
My Commission expires:
Notary Public Signature
r
tl In Balance ~
Building Your Business a Better Bottom Line
Recognized Credit Reporting Agency
12268 Tamiami Trail E. Suite 301 . Naples, FL 34113 . 239-774-5100
The infonnation you requested is provided below. The infonnation provided was gathered by third party sources not affiliated with In
Balance, Inc. The infonnation provided has not been reviewed/verified by In Balance, Inc., and therefore responsibility for its
accuracy, completeness, and the manner in which it was gathered rests ultimately with the third party sources notwithstanding In
Balance, Inco's exercise of reasonable care in selecting said third party sources.
Personal Credit Report Summary
All information contained below is accurate and true as of the indicated search date
Name of Individual: Noel Agosto
Social Security Number~ 1 003
Credit Score: 536
Search Date: January 13,2009
Searches Requested: Liens, Judgments and Bankruptcies
A search of local, state, and federal databases on the above individual generated the
following results:
LOCATION
DATE
AMOUNT
ALL SEARCHES FOR LIENS, JUDGMENTS AND BANKRUPTCIES PROVED
NEGA TIVE
r
t} In Balance -0-
12268 Tamiami Trail E. Suite 301 . Naples, FL 34113 . 239-774-5100
NOEL AGOSTO JR
*1751 NW 108TH ST
SS: ~1003 E: NOEL JR TREE SERVI
DOB: 08/05/80 RPTD: 9-07 I
MIAMI FL 331673909
RPTD: 11-97 TO 1-09 U 5X
LAST SUB: 1538490
4741 14TH AVE SE
NAPLES FL 341179108
RPTD: 7-08 U
*6115 NW 186TH ST APT 102
HIALEAH FL 330156073
RPTD: 1-07 I
*NOEL AGOSTO, NOEL AGOSTO JR, AGOSTO NOEL,
*NOEL ACOSTA
------------------------------ CREDIT REPORT SUMMARY -------------------------------
~ CNT 05/01/02/79
PUBLIC RECORDS---- --0 AST DUE AMT----$3,390 INQUIRIES---9 SATIS ACCTS---3
INST/OTH BAL---$25, SCH/EST PAY-------$425+ INQS/6 MO---1 NOW DEL/DRG---8
RESTATE BAL-------N/A RESTATE PAY-------N/A TRADELINE--14 WAS DEL/DRG---3
TOT REV BAL-------$437 TOT REV AVAIL-------O% PAID ACCT---6 OLD TRADE-10-98
------------------------------- SCORE SUMMARY --------------------------------
EXP/FAIR ISAAC RISK SCORE 2 536 SCORE FACTORS: 38, 13, 18, 10
SUBSCRIBER OPEN
SUB# KOB TYP TRM ECOA BALDATE
ACCOUNT # LAST PD
TRADES -----------------------------------
AMT-TYP1 AMT-TYP2 ACCTCOND PYMT STATUS
BALANCE PYMT LEVEL MOS REV PYMT HISTORY
MONTH PAY PAST DUE MAXIMUM BY MONTH
*FIRST PREMIER BANK 4-08
1210189 BC CRC REV 1 11-07-08
517800793583
$250-L
$437
$437-C CHARGOFF DELINQ 120
11-08 ( 7) L4321CC
$437
*CENTRAL FINL CONTROL 4-03
3980220 YC COL 1 1 1-07-09
251401567
$551-0
$869
COLLACCT
GGGG---------
---------GG-
*CENTRAL FINL CONTROL
3980220 YC COL 1
250109190
1
4-03 -.
1-07-09
o
$4,433
12-02
(74 )
~/G
DATA
COLLACCT
GGGG---------
---------GG-
ORIGINAL CREDITOR:
ICAL PAYMENT
BCLG LKS 1019899
""--
+++++ MORE
AGOSTO, NOEL 594281003;CA-4741 14TH AVE SE/NAPLES FL 34117;
r
-0- In Balance -0-
12268 Tamiami Trail E. Suite 301 . Naples, FL 34113 . 239-774-5100
PAGE 2
DATE 1-13-2009 TIME 10:04:23 V901 TFLT
SUBSCRIBER OPEN
SUB# KOB T"'P TRM ECOA BALDATE
ACCOUNT # LAST PO
AMT-TYP1
BALANCE
MONTH PAY
AMT-TYP2 ACCTCOND
PYMT LEVEL MOS REV
PAST DUE MAXIMUM
PYMT STATUS
PYMT HISTORY
BY MONTH
*RJM ACQ LLC
1980413 YZ FCO 1 1
9R700003658829
ORIGINAL
10-07
$314
CREDITOR: WASHINGTON MUTUAL CHECKING ACC
9-07
1-03-09
$314-0
$314
COLLACCT
(16) GGGGGGGGGGGGG
--G
*NCO-MEDCLR 11-07
1985116 YC FCO 1 1 12-28-08
40503695
ORIGINAL CRED
12-07
PAYMENT
*NCO-MEDCLR
1985116 YC FCO
39468174
11-07 "~M-O
FCO 1 1 12-28-08 $559 12-07
40503696 ~
ORIGINAL CREDITOR: ~~ PAYMENT
9-07 $538-0
1 12-28-08 $538
DATA
COLLACCT
(13) GGGGGGGGGGGGG
~
COLLACCT
14) GG-GGGGGGGGGG
G
*NCO-MEDCLR
1985116 YC
1
$538
PAYMENT DATA
*BLMDSNB 12-98 $100-L $273-H CLOSED CURR ACCT
1362835 DZ CHG REV 1 12-29-08 $0 12-08 (84) BOOOOOOOOOOOO
29983 3-02 000000000000
** ACCOUNT CLOSED AT CREDIT GRANTOR'S REQUEST **
*MCYDSNB 10-98 $100-L $356-H CLOSED CURR ACCT
1362830 DZ CHG REV 1 12-13-08 $0 12-08 (84 ) BOOOOOOOOOOOO
476771486 3-02 000000000000
** ACCOUNT CLOSED AT CREDIT GRANTOR'S REQUEST **
*NCO FIN/27 8-05
1986263 YC COL 1 1 4-01-06
4799769
ORIGINAL CREDITOR:
$89-0
PAID COLLACCT
( 9) GGGGGGG-G
4-06
3-06
BANK OF AMERICA-OPE
ORIGINAL
COLLACCT
1) G
*SECURITY CREDIT SYSTEM
1980253 YC COL 1
1
BCLG LKS 1019899
+++++
AGOSTO,NOEL 59428100
r
~ In Balance ~
12268 Tamiami Trail E . Suite 301 . Naples, FL 34113 . 239-774-5100
PAGE 3
DATE 1-13-2009 TIME 10:04:23 V901 TFLT
SUBSCRIBER OPEN
SUB# KOB TYP TRM ECOA BALDATE
ACCOUNT # LAST PD
AMT-TYPl
BALANCE
MONTH PAY
AMT-TYP2 ACCTCOND
PYMT LEVEL MOS REV
PAST DUE MAXIMUM
PYMT STATUS
PYMT HISTORY
BY MONTH
*KIAFS
1613240 FA AUT
31637124
8-02 $16,328-0
60 2 11-22-04 11-04
10-04
** ACCOUNT CLOSED AT CONSUMER'S REQUEST **
PAID CUR WAS 30-3
(27) BCICCCCCCCCCC
CCCCCCICCICC
UNITED AUTO CREDIT CO 11-05
3603330 FA AUT 42 1 10-31-07
441440030~6 10-07
$9,337-0
10-07
PAID CURR ACCT
(24) BCCCCCCCCCCCC
CCCCCCCCCCC
*NUVELL
1538490 FP AUT 72
75520506291
9-07 $19,767-0
1 12-31-08 $]7,773 12-08
12-08 $425
30 DAY DEL
1CCCCCCCCCCCC
CC
--------------------------------- INQUIRIES ---------
FIRST AMER CR SVCS INC 7-22-08 3988260 FR
BANK OF AMERICA 2-11-08 1217350
KROLL FACTUAL DATA/060 2-11-08 3900614 FR
CHRYSLER FINANCIAL 9-17-07 1630062
HSBC AUTO 9-16-07 2996758
CBA 3-21-07 6970060 FR
BANK OF AMERICA 3-12-07 1217350
NOWCOM/OSCAR MOTORS CO 3-07-07 6963503 AU
CONSUMER PORTFOLIO SVC 1-29-07 1624220
BC
UNK R/E
FA
FA
UNK R/E
BC
AUT
FA
CONSUMER ASSISTANCE CONTACT: EXPERIAN
701 EXPERIAN PARKWAY, PO BOX 2002, ALLEN, TX 75013 888.397.3742
END -- EXPERIAN
,
tl I n Balance tl
Building Your Business a Better Bottom Line
Recognized Credit Reporting Agency
12268 Tamiami Trail E. Suite 301 . Naples, FL 34113 .239-774-5100
The information you requested is provided below. The information provided was gathered by third party sources not affiliated with In
Balance, Inc. The information provided has not been reviewed/verified by In Balance, Inc., and therefore responsibility for its
accuracy, completeness, and the manner in which it was gathered rests ultimately with the third party sources notwithstanding In
Balance, Inco's exercise of reasonable care in selecting said third party sources.
Business Credit Report Summary
All information contained below is accurate and true as of the indicated search date
Name of Company: Noel & Jr. Tree Services Inc.
FEI Number: 65-0951450
Reference (if necessary):
Search Date: January 13,2009
Searches Requested: Credit, Liens, Judgments and Bankruptcies
A search of local, state, federal, and national databases on the above company generated
the following results:
LoeA TION
DATE
AMOUNT
ALL SEARCHES FOR LIENS, JUDGEMENTS AND BANKRUPTCIES PROVED
NEGATIVE
r
tl
In Balance 1}
12268 Tamiami Trail E. Suite 301 . Naples, FL 34113 . 239-774-5100
Business Profile - NOEL & JR TREE & LAWN SERVICE
Subcode: 515210
Ordered: 01/13/2009
09:58:54 CST
. .. .
,... E ·
-: :: xpenan-
.....
. .. .
A wor Id of insight
Transaction number: C036755382
Search inquiry: Noel & Jr. Tree Service Inc /4741 14th Ave SE /
Naples / FL / 34117/650951450
Conpany Information
~N OEL. JR TREE. LAWN SERVICE
4741 14TH AVE SE
NAPLES, Fl34117-9108
(239) 775-2068
Executive Summary
Cu ent OBT range compared to all industries'
OOST
($1.200 Balance)
I 16-50 II
80% 110f0 9%
% of US businesses falling within OBT range
OBT Norms:
All industries: 7 OBT
Same industry: 4 OBT
Quarterly OBT trends (previous 5 quarters)
-
90+
60
30
o
o
o
1
o
o
4Q07
4Q0:3
1Q08
2Q08
3Q08
..
nth OBT trends
90 I-
6('
o
o
2
o
o
o
o
,
Business Identification Number: 870913585
Experian File Established: 06/2007
SIC code: ORNAMENTAL SHRUB & TREE SERVICE - 0783
Legal Filings and Collections
Bankruptcy filings:
Tax lien filings:
Judgment filings:
Total collections:
Sum of legal filings:
UCC filings:
Cautionary UCC filings present?
Trade Information
Monthly average DBT:
Highest DBT previous 6 months:
Highest DBT previous 5 quarters:
Total continuous trades:
Current continuous trade balance:
Trade balance of all trades (2):
Average balance previous 5 quarters:
Highest credit amount extended: details
6 month balance range:
Performance Analysis
Predicted OBT for 03/11/2009: 1 DBT
Payment Trend Indication:
Are Stable
Industry payment comparison:
Has paid sooner than 50% of similar firms
Most Frequent Industry Purchasing Terms:
NET 30. CREDIT, and CONTRCT
o
o
o
o
$0
o
No
o
2
2
2
$1,200
$1,200
$2,160
$2,900
$900 - $1,900
tl
In Balance ~
12268 Tamiami Trail E. Suite 301 . Naples, FL 34113. 239-774-5100
30
o Jun08 Jul08 Aug08 Sep08 Oet08 Nov08 Current
. Days Beyond Terms (DBT) is a dollar weighted calculation of the average number of days that payment was made beyond the invoice due date
based on trades on file that have been updated in the previous 3 months.
TOPO
Trade Payment InformaVon
t ad paym nt Experiences Account Status
(Trade Lmes it n (*) after, date are newly reported) Days Beyond Terms
Business
Category
Date Last
Reported Sale
Payment
Terms
Recent
High
Credit
$2,900
$1,000
$1,000 100%
$200 100%
Balance Cur 1-30 31-60 61-90 91+ Comments
6LOG MATRL 12/2008 10/2008
OFFC SUPPL 12/2008 11/2008
CREDIT
CREDIT
Trade Payment Totals
E . Account Status
Trade Payment xpenences D B d T
ays eyon erms
2
o
Recent
High
Credit
$3,900
Balance Cur
1-30 31-60 61-90 91+ Comments
Type
Lines
Reported
Continuously Reported
Newly Reported
$1,200 100%
06T: 0
06T:
2
$3,900
$1,200 100%
06T: 0
Monthly Payment Trends
Payment Trends Analysis Account Status
ORNAMENT SHRUB & TREE SERVICE INDUSTRY SIC: 0783 ,Days Beyond Terms
Date Reported Industry Business Balance Cur 1-30 31-60 61-90 91+
Cur DBT DBT
CURRENT N/A N/A 0 $1,200 100%
NOV08 94% 4 0 $900 100%
OeT08 76% 11 0 $1,000 100%
SEP08 77% 11 0 $1,100 100%
AUG08 95% 3 2 $1,900 87% 13%
JUL08 95% 3 0 $1,800 100%
JUN08 96% 2 0 $1,900 100%
Quarterly Payrr. ent Trends
-.
~ -11' _ DBT
r
istory _ Quarterly Averages Account Status
Da s Be ond Terms
Balance
Cur
130
31 60 61 90
91+
~
In Balance ~
12268 Tamiami Trail E . Suite 301 . Naples, FL 34113 . 239-774-5100
Q4-08 OCT -DEC 0 $1,000 100%
Q3 - 08 JUL-SEP 1 $1,600 95% 5%
Q2 - 08 APR-JUN 0 $2,200 100%
Q1 - 08 JAN-MAR 0 $3,200 99% 1%
Q4 - 07 OCT -DEC 0 $2,800 100%
Inquiries
,
Summary of Inquiries
Business
Category
FINCL SVCS
JAN09
DECOS NOVOS OCTOS SEPOS AUGOS JULOS
JUNOS MAYOS
1
Totals
1
Company Background Information
Additional Company Background Information
Key Personnel
Prlnclpal(s): NOEL AGOSTO, OWNER
Operating Infonnation
Primary SIC Code: ORNAMENTAL SHRUB & TREE SERVICE - 0783
Secondary SIC Code: LAWN & GARDEN .SERVICES - 0782
Years In Business: 1
Number of Employees: 2
Sales: $160,000
Experian prides itself on the depth and accuracy of the data maintained on our databases. Reporting your
customer's payment behavior to Experian will further strengthen and enhance the power of the information
available for making sound credit decisions. Give credit where credit is due. Call 1-800-520-1221, option #4 for more
information.
End of report
1 of 1 report
r
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYYI
01/1512009
.. T1l
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Allstar Direct Insurance ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
12400 Biscayne BI'Jd HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
North Miami FL 33181 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(305) 754-7414
INSURERS AFFORDING COVERAGE NAIC.
-
INSURED INSURER A WESTERN WORLD INSURANCE CO. 10347
NOEL & JUNIOR TREE SERVICES INC INSURER B FIRST COMMERCIAL INSURANCE CO.
1751 NW 108 STREET INSURER C:
Miami FL 33167- INSURER D
. I INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE I~SUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS ';HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADO'l P~.,L~~Y EFFECTIVE POLICY EXPIRATION
POLICY NUMBER LIMITS
A J!!.NERAL LIABILITY NPP1172128 07/0112008 07/01/2009 EACH OCCURRENCE $ 1,000,000
X nMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 50,000
- $
CLAIMS MADE [J OCCUR MED EXP (Anv one ""rsonl $ 5,000
~ ..~- PERSONAL & ADV INJURY $ 1,000,000
~ --.- GENERAL AGGREGATE $ 2,000,000
~'L AGGREn LIMIT AP!PlIEf PER: PRODUCTS - COM PlOP AGG $ INCLUDED
POLICY ~~,9,:: LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
~ ANY AUTO (Ea accident)
~ ALL OWNED AUTOS BODILY INJURY
$
f-- SCH:::DULED AUTOS (Per person)
I-- HIRED AUTOS BODILY INJURY
$
>--- NON-OWNED AUTOS (Per accident)
~ -- PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
~ESSlUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
=l DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSA TION AND WC-26693-1 03/06/2008 03/06/2009 X I T"/,~~;~Y,~'c.1 IOJ~-
EMPLOYERS' LIABILITY 1,000,000
ANY PROPRIETORIPARTNERIEXECUTIVE _!:1.~~,c:.tl.!o_G9P.s:!!L...- _$
OFFICERIMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 1,000,000
I g~~~,~~scribe under E.L DISEASE, POLICY LIMIT $ 1,000,000
OTHER
DESCRlPOON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
LANDSCAPE, GARDENING
COVERAGES
CERTIFICA TE HOLDER
CANCELLATION
AIMOSCW
COLL
COLLIER COUNlY CONTRACTORS'L1CENSING BOARD
2800 N. HORSESHOE DR.
NAPLES ~FL 34104-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGA TION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZ~D/~Ia'~ESEN AT\VE. '
: '/ [ IA-.c-,,-
ACORD 25 (2001/08)
1,~/';'~';;'~"\~"1',>
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COLLIER COUNTY BUSINESS TAX RECEIPT
APPLICATION
2800 N. Horseshoe Drive. Naples. FL 34104
Make Check Payahle to: Collier County Tax Collector
Phone: 239-252-2477 Fax: 239-643-4788 Wehsite: www.colliertax.com
CHECKLIST
_ Copy of Articles of Incorporation andlor Fictitious letter
from the State stating that your business name is on file.
1850-245-6052 or 605!!) www.sunbiz.org
_ Copy of State license from Department of Business and
Professional (850-487-1395) or Department of Health.
(!!50-410-3359)
_ Copy of City Business Tax Receipt. (239-213-1800)
_ Copy of Motor Vehicle Repair Registration Certificate
from Department of Agriculture. (800-435-7J52)
_ Copy of Health inspection from Department o!' Hotels and
Restaurants (850-487-1395) or Department o!' Agriculture.
(800-435-7352)
_ Yellow Fire CIlmpliance (list of fire district phone number
enclosed)
_ Copy of Main' Zoning Certificate. (239-3R9-5000)
_ Completed Zoning application with appropriate fee made payable
to: Board of County Commissioners.
_ Completed Business Tax Receipt application with appropriate fee
made payable to: Collier County Tax Collector. (239-252-2477)
Other:
_ Please contact the Property Appraiser's office at 239-252-8145
regarding tangible tax,
CHECK ONE:
_ Original Application
Transfer of License #
Renewal of License #
Date:
Classi fication
Code Number
License Amount
I) CORPORATE NAME - 1\loe\ ~ (Su.Y1'.ol -tree <;'&rv~(.-e5 ::S-r'L.
I a) DnA NAME -
Ib)
2)
nUSINESS OWNER OR QUALIFIER'S NAME - ,\) c>l<..,\ rl3Gb+-O
PHYSICALADDRESS- l.f7(;11 It"; Aut: $,e-- /Vc;.~/e.J ~L
(No P.O. Box allowed)
IS RESIDENCE USED AS AN OFFICE - V Yes
BUSINESS MAILING ADDRESS - l{ 7 'V I I (.,f A Vtf s. e-
2a)
3)
j'q//7
Street
No
/l/e<OleJ r::L 3~/1/
City . Zip
tI, I..f ( I "fIJVtr s . C /</Sj1/e.J ~~ 30/'// ?
Home: d-)5 - 7 '~-acJ6 r
OWNER OR QUALIFIER'S RESIDENTIAL ADDRESS -
TELEPHONE - Business: C}-'6 C; - 3'6"<--' - 3~t 8(
LEGAL FORM OF BUSINESS: _ Sole Proprietorship _'__ Partnership V- Corporation - LLC - LLP
12) STATE LICENSE OR CERTIFICATION NUMBER-
l\lust han photo nlp~' or slatl' lin'llsl' if statl. 1il'..;~~(:(i~lIi~(('(.rlil'il'd-'-_n_-
UNDER PENAI:rtES OF PERJURY, I DECLA In TIIAT 111t\\T In:,\ I) TilE FOI{E(;OIN(; \)0('( II\IENT AND
TH.\T Till': FACTS STATED IN IT ARE TIHlE TO TilE BEST OF \1' hNOWI.EDGE.
xxx\I'PLI( 'ANT'S SIGNATl !HE: r_..e-L 4-=1=- I)"TE:
to" '\'1 .111<1/,,1' H'I'H',,'nlati"c' ,,!, hU.,inl''') TITI.E:
*':'**'1'11I.'1 LJ( 'ENSE IS NO'l-IUFl "\1) \BLE H)E I\ISI'\I':SS ST,\TED .\BOYI' .**,),
OPENING DATE OF BUSINESS OR DATE ASSUMED -
OFFICE WITHIN CITY LIMITS OF NAPLES - ,..,........Yes No If Yes, City License No.
SOCIAL SECURITY NO, or FEDERAL 1'~l\11'1.0YER IDENTIFICATION NO.
~-s-c., ~ _ ICJCJJ *scc back of application for explanation
TYPE OF BUSINESS CONDUCTED: 'Tr""€.4. \l"~yv'\ """';Y\.J
NUMBER OF EMPLOYEES - Including of number of owners:
FILL IN THE APPROPRIATE AREAS -
a) Renlal units (motel/hotel/apls.) Number of units:
b) Seating Capacity (rest./cafcs. etc.) Number of seats:
c) Number of coin-operatcd machines owncu by busincss or individual:
4)
5)
6)
7)
8)
9)
9a)
10)
11)
COLLIER COUNTY BUSINESS TAX RECEIPT
APPLICATION
..r"I;'~,~~'-.~',\~''1>..
t:' (\\ .......,,,......, I" "
1-:>....! ..'.'..~"')
fL.. i 4._ \'0'1
f:;;\:::A:: :;W! ~),
~~.~f;:~..~ /~i
" .. --. ". ,.- t
\,~~ ;~..~~:......:"../~~ I
~~.~:,~..~.:'/'~
2800 N. Horseshoe Drive, Naples, FL 34104
Make Check Payable to: Collier County Tax Collector
Phone: 239-252-2477 Fax: 239-643-4788 Wehsite: www.colliertax.com
CHECKLIST
_ Copy of Articles of Incorporation and/or Fictitious letler
from the State stating that your husiness name is on rile.
(850-245-6052 or 605X) www.sunhi/.org
_ Yellow Fire Compliance (list of fire district phone numher
cnclosed)
_ Cop\' 01 Mar,,) Zoning Certificate. (239-3l19-5000)
_ Copy of State license from Department of Business am!
Professional (lI50-487-1 395) or Department of "eallh.
(850-410-3359)
'_____ ComplL'll'd Zoning application with appropriate fee made payahlL'
10: Bo," d or County Commissioners.
_ Copy of City Business Tax Receipt. (239-21 3-llIOO)
_ Complclcd Business Tax Receipt application with appropriate fee
made payahle to: Collier County Tax Collector. (239-252-2477)
__ Copy of Motor Vehicle Repair Registration Certificate
from Department of Agriculture. I ''fHI-435-7J52}
Olher:
_ Copy of Health inspection from Department of Hotels and
Restaurants (850-487-1395) or Department of Agriculture.
(800-435-7352)
_ Please contact the Property Appraiser's orfice at 239-252-lI 145
regarding tangihle tax,
CHECK ONE:
_ Original Application
Transfer of License #
Renewal of License #
Date:
Classi fication
Code Number
License Amount
I) CORPORATE NAME - l\loet ~ ~~\or -f'l'€e
I a) nBA NAME -
Ib)
2)
~Cu~( €S
:::t' r'\~.
2a)
3)
BUSINESS OWNER OR QUALIFIER'S NAME - t-.lc.R,~ AJ ~\o
PHYSICALADDRESS- '--17 "'I f /4 f..n.ib'"S,C ;fJV/~J ~1.
(No P.O. Box allowed)
IS RESIDENCE USED AS AN OFFICE - / Yes
BUSINESS MAILING ADDRESS - '7/7GII /'Y~I/e- S. r
,~~// ,l
Street
No
.If/f;.~le.f ;t.. 3y//?
City Zip
'( 7'-'1/ /o/,4v~ s'.tI' /VV~J r/.' Je'f'/' ?
Home: c9"J) - ;r?:,- ~CJ 6tY
4)
5)
6)
7)
8)
<))
OWNER OR QUALIFIER'S RESIDENTIAL ADDRESS -
TELEPHONE - Business: 67.35 - 38-"/- 3"3z[)
LEGAL FORM OF BUSINESS: _Sole Proprietorship
Partnership _ Corporation J,./" LLC _ LLP
OPENING DATE OF BUSINESS OR DATE ASSUMED - 9 -.;J /- 97
OFFICE WITHIN CITY LIMITS OF NAPLES - /'" Yes No If Yes, City License No.
SOCIAL SECURITY \). OJ" I'" )f':RAL I \lPLO)'EI{ IDENTIFIC\TION NO.
..:;-'7/../ - {)/r - 100) "see hack of application for explanation
TYPE OF BUSINESS CONDUCTED: Cc,Jld.sc.~€ 1\'5
NUMBER OF EMPLOYEES - Including of number of owners:
FILL IN THE APPROPRIATE AREAS -
a) Rental units (motel/hotel/apts.) Number of units:
b) Seating Capacity (rest./cafes, etc.) Number of scats:
c) Number of coin-operated machines owneu by business or indiviuual:
9a)
10)
II)
12) STATE LICENSE OR CERTIFICATION NUMBER -
1\-lust ha\'l' phntn l~Op~' of ~:ta{<.' lil'l'IlSl' 'if' sf It~:--ji~"(,ll~,'(;J-'~;m-I~;:-tifi,_\(,1 ---------
llNfn K PEN\I:rIES OF PERJllRY, I DECI.I\ HE 'I'll \'1' I II;\\"E HI, \D'I liE FOI{F( ;OIN(; IH)( 'lli\IENT AND
THAT TilE nCTS STATED IN IT AIU: '.I,'I{,l,1F TO ").11': l~rST 01 \1 \' KNOWLEJ)(; E.
xxxAI'I'UC\yr'SSIGNXrlll{E: __,r&-Z ~. DxrE:
(()\llln and/or fll'rl'\Cllt:ltivc Ilfhllsinc,sl TITI.E: _
**';'TIIIS LICENSE IS NON-InTI ;NI) \ ;1,1': FOI{ 1:1 iSINI':SS ST\TED .\B( )\E':";':
February 11,2009
Dennis & Nancy Gibbs
24020 Production Circle
Bonita Springs, FL 34135
James V. Mudd
Collier County Manager
3301 E. Tamiami Trail
Naples, FL 34112
Dear Mr. Mudd:
We are writing today to express our concern over the handling of a "contractor's"
licensing issue, resulting in a citation and a $300 fine.
We would like to offer some background so that you understand our situation. Dennis is
a carpet subcontractor. He has a Lee County occupational license and does work for USGI
Installations in Ft. Myers who, in turn, does Home Depot's work. Dennis has been a self-
employed carpet installer for 45+ years and is 65 years old. He only installs carpet, no other
flooring products. We spend winters in Bonita Springs and the 4 months that we reside here we
live in a 55+ mobile home park. We are not wealthy people, and both Dennis and I work while
in Florida. Dennis was required to form an LLC last year so that he could be exempt from
paying Worker's Compensation Insurance. Dennis works alone, has no employees or helpers
and as you can probably imagine, because of his age and the length oftime he has been doing
this type of work, can only handle small jobs. He basically works part time to supplement our
income. On Monday, February 9, 2009, Mr. Ian Jackson knocked on the door of a private
residence in Naples, and asked to speak to the person who was working in the home. Mr.
Jackson asked Dennis ifhe had a license and Dennis informed him that he did. After checking,
Mr. Jackson informed Dennis that because he was not licensed in Collier County, he was going
to issue him a citation. Dennis was not aware that his Lee County license was not valid in
Collier County and certainly did not intentionally set out to break the law. It was a very
awkward situation for Dennis and the homeowners. Mr. Jackson then asked Dennis ifhe
intended to pay the fine. When Dennis asked why Mr. Jackson was asking that question, Mr.
Jackson was very vague and informed Dennis that he would put our New York address on the
citation because if he used our Florida address and Dennis did not pay the fine, they would seize
our property or vehicle, and ifhe listed New York, that wouldn't happen. After issuing the $300
citation, Mr. Jackson then told Dennis so as not to upset the homeowners, that he had permission
to finish the job. Our question is this; if it was against the law for Dennis to work in Collier
County without a Collier County license before the citation was issued, why was it okay for him
to work in Collier County without a license after the citation was issued? Does the Collier
County Contractor's Licensing Board have the ability to make their own rules as they go along?
We contacted Michael Ossorio at the Contractor's Licensing office and he informed us
that Dennis was responsible for paying the fine and there was nothing he could do about that, and
he did not want to hear any explanations or circumstances. We then asked if Dennis took the
exam for floor covering and procured a Collier County license, would it be possible for the
county to waive the $300 fine. Mr. Ossorio emphatically said "no". We then asked about
requesting a hearing and Mr. Ossorio indicated that we had the right to do that, but that the
outcome would be the same. Dennis would still need to pay the fine. We do not feel like we can
afford to take the time off from work to attend a hearing, so therefore, we are going to pay the
fine, albiet a financial burden for us (one of Dennis' weekly paychecks). Our question is what is
the purpose of allowing a hearing, if the outcome is predetermined? It appears that we have no
recourse whatsoever.
Dennis is currently going through the licensing process and fully intends to get a Collier
County license, even though it is not something that we can afford. Weare honest, and law
abiding, and would never intentionally do something to break the law. Also, we filed a Chapter
13 bankruptcy in New York State in 2007 and are concerned that if Dennis goes through the
entire process and spends the substantial amount of money it costs to procure a Collier County
license, he may be denied and we would lose all of the money spent in addition to the fine.
Our plight is that we are living in an economy (as is everyone) that does not allow us the
luxury of not working for a living, and Collier County makes it almost impossible for a hard-
working, "little guy" to work in your County. We are confused as to why the requirements to do
business are so varied between Lee County and Collier County.
Weare asking for your consideration. and if there is anything you can do regarding the
$300 fine, we would be extremely grateful. Thank you.
Very truly yours,
~ 9. jJillw
Nancy J. Gibbs
cc: Mr. Bob Dunn, Building Director
Mr. Michael Ossorio, Contractor's Licensing Office V"
Mr. John Torre, Communication & Customer Relations Director
U.S. Postal Service [',
CERTIFIED MAil,,, RECEIPT
(DomestiC Mail Only; No Insurance Coverage. Provided)
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j OFFICIAL USE l
Postage $
Certified Fee
Return Receipt Fee Postmark
(Endorsement Required) Here
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees $
. Complete items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front If space permits. -
1. Article Addressed to:
D. Is dellv8IY address different from Item 11 0 Yes
If YES, enter delivery address below: 0 No
"Denn;s G, bhs
QlLlO;)o pr.cluc.-\-:on c.,rc.le
'Bof\i\.. Str'~)1 fL 3'i1!!)
3. SeIvIce 1YPe
o CertIflecI Mall 0 Express Mall
o RegIsteIed 0 Return Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restrlcted Delivery? (Extra Fee) 0 Yes
2. ArtIcle Number
(Tf'8fISf8r from Service labeQ
PS Form 3811, February 2004
7007 0710 0003 3698 1938
Domestic Return Receipt m. ~ 0 . ~ PIt
102595-02-M-1540
DAVID E.BRYANT
Attorney At Law
TELEPHONE
239-435-0550
NAPLES - TAMPA
COMAlERCE CENTER
215 AIRPORT ROAD SOUTH
NAPLES, FLORIDA
34104
F ACSIAULE
239-435-0457
March 6. 2009
Robert Zachary. Assistant County Attorney
Office of the County Attorney
3301 Tamiami Trail Eas~ 6th Floor
Administration Building
Naples, Florida 34112
Re: Collier County Con/rae/or Lieen.ving Board v. Charles Willey
March 18. 2009 Board Hearing
Dear Mr. Zachary:
I write you in reference to Mr. Charles Willey and the Collier County Contractor Licensing
Board hearing set for March 18.2009. As I explained to you telephonically last wee~ I cannot
represent Mr. Willey at the hearing due to the ethical conflict I have with the now recently revealed
information that the complainant is. Carlos Moran. '
Initially. I was,made aware that there were allegations under investigation by the Collier
County Contractor Licensing Department by. Mr. Michael Osorio. in January. 2009. which I
immediately shared with Mr. Willey. Mr. Osorio stated that the alleged two (2) complainants were
individuals for whom Mr. Willey had performed paving work. Mr. Osorio further stated to me that
the two (2) cases had been sent to your office for review and I could not receive any information
regarding the cases until you had reviewed the matters and had agreed to the release of the
complainant's allegations.
However. in the January conversatio~ Mr. Osorio did give me the name of one of the alleged
complainants. which was not Carlos Moran. Upon receiving this limited information. I informed
Mr. Willey of this alleged complaint and instructed him to contact the person for whom he had
performed certain paving work and seek a resolution of the alleged case. Mr. Willey contacted this
perso~ even though Mr. Willey maintains he performed all of the work with satisfactory results. and
came to an amicable agreement with the alleged complainant and the matter was resolved. Mr.
Willey also contacted another individual who he thought may be a complainant and resolved that
matter. Both allegations did not involve. Carlos Moran.
It was not until approximately one (l ) to two (2) weeks ago that I became aware that Carlos
Moran was the alleged complainant and. that his complaint was going before the Collier County
Contractor Licensing Board for hearing on March 18. 2009. As soon as Ileamed of Mr. Moran
being the alleged complainan~ I contacted Mr. Willey and informed him I could not represent him
at the Contractor Licensing Board hearing, as I had performed a small amount ofJegal work for Mr.
Moran in reference to a duplex Mr. Moran had purchased with others in Lehigh Acres. Further, after
discussing the perceived conflict with Mr. Willey, I contacted you and informed you that I perceived
that 1 had a conflict and could not represent Mr. Willey at the hearing. You in fact agreed with me
and stated that you believed that 1 would have a conflict if 1 represented Mr. Willey at the hearing.
You also s~ed that you understood that Mr. Willey would require other legal counsel at the hearing
and that the new attorney would require a continuance to be fully prepared to protect Mr. Willey's
interests.
Additionally, as earlier stated, immediately upon being informed by Mr. Orsorio that Mr.
Moran was the alleged complainant, 1 informed Mr. Willey he would require other legal counsel~ due
to the alleged conflict and suggested other names of attorneys to represent his interests. Mr. Willey
the very next day after my revelation to him, contacted Attorney William (Bill) Hazzard and retained
Mr. Hazzard to represent him before the Board. .Mr. Hazzard agreed to represent Mr. Willey, even
thought he knew he would be out of town with his daughter visiting certain law schools to which she
anticipated applying on the date of the hearing, because of my conversation with you concerning the
continuance. Mr. Hazzard and 1 never anticipated that there would be opposition to the continuance
due to the conflict I perceived, and that the new attorney would need sufficient time to prepare.
Neither Mr. Willey, Mr. Hazzard or I understood or anticipated that you would need to seek the
approval of Mr. Osorio to agree to the continuance, since you are the Assistant County Attorney
representing Collier County at the Contractor Licensing Board hearing matters. I was only informed
that Mr. Osorio had to agree to the continuance after Mr. Hazzard contacted your office and was
informed of same and he informed me of such. You stated that Mr. Orsorio had to agree as this
matter had been continued once before. The continuance I had with Mr. Orsorio had nothing to do
with Mr. Moran as the complainant, but to the other initial two (2) complainants discussed above.
Lastly,'1 have left two (2) telephone messages with the County Attorney's office requesting that you
contact me concerning this matter and to date have received no return call, which has resulted in this
letter and the lengthy information recited herein.
The failure of the continuance to be granted, I would respectfully suggest, would deny Mr.
Willey fundamental due process; the right of his legal counsel to fully prepare for hearing; the right
to legal representation at the hearing; and place Mr. Willey's property interest inhis paving license
at risk. Therefore, in closing, Mr. Willey, Mr. Hazzard and I would respectfu))y request that you
grant the continuance requested herein concerning the Contractor Licensing Board hearing of March
18, 2009, regarding Mr. Willey and have this matter reset for a time convenient for the respective
parties to attend.
With kind personal regards, lremain
DEB/dk
cc: Client
William Hazzard. Esquire
COLLIER COUNTY BUILDING REVIEW &
PERMITTING
CONTRACTOR'S LICENSING
2000 N. Horseshoe Dtive · Naples, Florida 34104 · (239) 403-2432 · Fax (239) 403-2469
February 26, 2009
Cedric Eckenrode
1431 Railhead Blvd. #'sl & 2
Naples, FL. 34110
RE: Contesting Citation
Dear Mr. Eckenrode:
You have been added to the agenda for the Contractors' Licensing Board meeting on
Wednesday, March 18,2009. The meeting is held at 9:00 a.m. at the W. Hannon
Tumer Building (Bldg. F, Admin. Bldg.), 3301 E. Tamiami Trail., Naples, FL. in the
Commissioner's Meeting Room on the 3rd floor.
If there are any questions, please call (239) 252-2909.
----..'..-.
.....-
?m~erelY,
X~uu)~/3Jv?:cY
/' J~nnifer Blanco
/ .9lIstomer S~rv.ice Specialist
C.. ..... . Contractors Llcensmg
c
o
~
l "'~~~ e
r
c
o
u n
t; .Y
2/19/09
Atten: Director of the Building Review and Permitting Dept.
On 2/12/09 one of my employees was issued a citation for operating with out a lic. in
Collier County. I would like to dispute the charge for the following reason.
USA Flooring Removal, Inc. was formed in 2007 and is based in Lee County. When we
opened, we went to Lee County and explained that we were starting a business unlike any
other, where all we do is remove existing floors, commercial and residential. We do not
install any flooring product at all. They did not have a classification for this process
which usually involves a chipping hammer and brut force. They decided to issue me a
lic. under the classification of Miscellaneous Maintenance or Repair.
Then I personally went to Collier County and presented my documents from Lee County
and asked to purchase any lic. required to operate in Collier County. I spoke to two
women who also could not find a classification for me. They went back and spoke to
Mike and again I was asked to clarify "removal of existing flooring products only"? As I
told them, we do not remove anything structural such as studs, plumbing, electrical, or
cabinets. I was told a Collier County lic. would not be necessary, but we were told we
should produce the Lee County lic. if we were ever asked at any job sites.
We have been operating for over a year and now I am cited and told that I am required a
demo lic. which requires a General Contractor Lic. How do we go from "no lic.
required", to removing floors now requires more experience and requirements than a
installing stone, tile, wood and carpet? A flooring contractor or flooring store is not
required to have a General Contractor Lic. and yet the removal of the existing floor is
part of the responsibility of each flooring contractor. The greater responsibility is in the
installation of the product, not on the removal.
The rules seem to change depending who you speak to at Collier County Licensing, nor
do they wish to discuss these inconsistencies of the rules as they change or interpret them.
Sincerely,
//~/
/'''' ...-:'/
(';;;,e!!f C-~~
Cedric Eckenrode
USA Flooring Removal, Inc.
~-0-;' r;~;:'", ..
o IS ~ b~ U \\1;' fri, i',
FEB ~-; ~'~111 )).i
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COLLIER COUNTY Nf! 461 7
BUILDING REVIEW & PERMITTING
CITATION
Pursuant to section 489.127. (3)(a). Florida Statues, the undersigned hereby certifies that upon
personal investigation, he/she has reasonable and probable grounds to believe that the person
whose name appears below, as Issued To, did violate Subsection 489 127(1). Florida Statutes.
and Collier county Contractor's Licensing Ordinance No. 97.68 (as may be amended from time
to time) by committing the violation stated below.
Month 2....
Issued To:
Address
City
/L/_?J~
SIGNATURE (RECIPIENT)
(..>dG~ (P')/U l..fer's
PRINT (RECIPIENTS NAME)
~p.p11 rkd7e/f1:5
PRINT (lNVESTIGATOR'S NAME)
Pursuant to 489.127. Florida Statues. willful refusal to sign and accept this citation constitutes
a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083
Florid:' <;:I,_,tlllpc
c#f!6?-
.
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/
tARTMENT
COLLIER COUNTY BUILDING REVIEW &
PERMITTING
CONTRACTOR'S LICENSING
2;-;()() N. Horseshoe Drive · Naples, Florida 34104 · (239) 403-2432 · Fa.'\: (239) 403-2469
February 27,2009
Alberto Trevino
47\ Auto Ranch Rd.
Naples, FL. 34114
RE: Contesting Citation
Dear Mr. Trevino:
You have been added to the agenda for the Contractors' Licensing Board meeting on
Wednesday, March 18,2009. The meeting is held at 9:00 a.m. at the W. Hannon
Turner Building (Bldg. F,Admin. Bldg.), 3301 E. Tamiami Trail., Naples, FL. in the
Commissioner's Meeting Room on the 3rd floor.
If there are any questions, please call (239) 252-2431.
Sincerely,
Joann ~enberg
Customer Service Specialist
Contractors' Licensing
c
o
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o
---
lot
n
t;
.Y
-
"For all your landscaping needs"
022709
Dear Collier county Contractor's licensing,
I'm writing this letter to contest citation number 4473 which was given to me on the
13th day of Febuary. I have taken the proper steps to fix the problem and I would like to
have the opportunity to present myself in front of your board. Enclosed I have submitted
a copy of my invoice ,which I paid to have the signs fixed immediatly.
Thank You,
~.Iber~o;, vino
....J.; I
;' -
{/ .
D:~~~D~~ =.~
... FEB 21 mu
:;;;J
A. Trevino Landscaping. 471 Auto Ranch Rd.. Naples, FL. 34114 . Ph:(239) 289-1894
INVOICE
Client:
A. Trevino Landscapes
471 Auto Ranch Rd.
Naples, FL 34114
Item
Qty.
2
cover up sign decal
Date:
02/13/09
Amount
150.00
Mobile service
1
1 00.00
Naples, FL 34114
'"\~n A1,1\~~1 I")~n AnA '"70AO
Total 250.00
.--
-,....~
~
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-.
"'I^- ~ 1\ ~1 ':l
COLLIER COUN~ I~ !i"t!+ t..)
BUILDING REVIEW & P~';!~!IN~
". ."1' -, 11"'...." #"
" .,.~--= .'6tTATI0W~''''''~''.
Pursuant to section 489.127. (3)(a). Florida Statues. the undersigned hereby certifies that upon
personal investigation. helshe has reasonable and probable grountls to believe that the person
whose name appears below, as Issued To, did violate Subsection 489 127( I). Florida Statutes.
anti Collier county Contractor's Licensing Ordinance No. 97.68 (as may be amended from time
to time) by committing the violation stated below.
Month i'r .:) IDay /' IYear I'~ ',-'" I AM/PM
.o'} l r:.-
/ /' "OJ ,/ ,-
Issued To: '" .' ,,-' ..
"',"...- Address ---.,~~ 'C'/'
;.-,"";
~,~~~J'/F~ -::z::..t ..:< "...-f!~T _~~^,,,~;;'"tj~~ -,..",~:..:{.-~,.,.
f~
,..,. .<!..-, /.
City"
..Telephone No.
"; , " ,I),'
-.-.,....>' .-..,
. ~ .,A . ~>
\. 'II /
Location ol"Violation
,.....'i:,:....:,t!
, t ;>
OPTIONS ,r
I have been informed of the violation of which I have been charged and elect the following
option (Check one) .~. . , !I
I) 0 I choose to pay the penalties of $ ./ ., . on the Citation.
2) 0 I choose not to pay the penalty and will request in writing by certified mail or hand
delivery an Administrative Hearing before the Contractor's Licensing Board. i /
Description of Violation Date Violation Observed L ,.' ! " /' f '. ./
_. .a} ..D;!alselv hold self.?r business or~!!i.z~.o~~!!.!!,ce~se.S!!!ificateholder or.__
registrant;. . ~
b) 0 Falsely impersonate a certificate holder or registrant;
c) 0 Present as his own the certificate or registration of another;
d) 0 Knowingly give false or forged evidence to the Board of a member thereof;
e) 0 Use or attempt to use a certificate or registration which has been suspended 2r
revoked;
t) l:J Engage in the business or act in the capacity of a contractor or advertise self or
business organization as available to engage in the business or act in a capacity or a
contractor without being duly registered or certified;
g) 0 Operalc a business organization engaged in contracting after (60) days
following the termination of Its only qualifymg agentwithoul,liesiSfl'lung an.utiler pl'imary
qualifying agent, except as provided in ss 489.119 and 489.1195. Florida Statues;
h) 0 Commence or perform work~r"which a building permit is required pursuant to an
adopted state minimum buildinvode, without such permit being in effect, or
i) 0 Willfully or deliberately ,*sregard or violate any Collier County ordinance relating to
uncertified or unregistered c,ontractors.
A person or business orgaVi#tflon operating on an inactive orsuspendea certificate or
registration, or ope,!:(lting~ond the scope of.work or geographical scope of the
registration. is not Iful)' certified or registered:
v"'.,/:-'~__,i"l:'j{/,......:~.>."~,,,...,
'f / ,,,"', / /,'_.-/ /'
SIGN~nJR~(~ECfl~IENT) .
1.",/'
/.> / '
.;(........-................"-
'f
PRINT (RE(tIPIENrsINAME)
d."'-
,:,;-
Sffi~TURE (INVESTIGi\'roR)
. 7
Pursunnllo 489.127. rJoritla Slatllcs. willful refusaltlJ sign and accept this citation constitutes
a misdcmeanor of the second degree. punishable as provided in ,;"clion 775.082 or 775.083
Florida Statutes.
(SEE REVERSE FOR INSTRUCTIONS)
RECIPIENT COpy
CONTRACTORS' LICENSING BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, Contractors'
Licensing Board
Petitioner,
vs.
Charles C. Willey
d/b/a - B & W Paving Contractors of S.W. FL.
Respondent (s)
)
)
)
)
)
)
)
) CASE # 2009 - 5
)
) LICENSE # 27398
)
)
)
)
)
)
)
)
ADMINISTRATIVE COMPLAINT
The Contractors' Licensing Board of Collier County, Florida, (hereinafter
Board), files this Administrative Complaint against Charles C. Willey,
d/b/a - B & W Paving Contractors of S.W. FL., (hereinafter Respondent),
License
Number 27398~and says:
COUNT I
4.1.6 - Disregards or violates, in the performance of his/her contracting business
in Collier County, any of the building, safety, health, insurance, or Worker's
Compensation laws of the State of Florida or ordinances of this County
COUNT II
COUNT III
COUNT IV
COUNT V
It is determined that the above stated charges are grounds for disciplinary
action under Ordinance 90-105 of Collier Cou t , Florida, as amended.
Dated: 2/26/09
irector r his/her Designee
Collier County Bldg. Review & Permitting
Summary
C.L.B. - 2009 - 05
Charles C. Willey - d/b/a: B & W Paving Contractors ofS.W. FL. Inc.
On January 22nd,2009, I Rob Ganguli, Collier County LicenseCompliance Officer,
received a preliminary complaint form submitted by Carlos 1. Meran who stated that he
and several others had been employed by B & W Paving Contractors of S.W. FL. Inc.
Mr. Meran and three fellow employees provided sworn affidavits attesting to their duties
while working for B & W Paving, as well as the forms of payment they received. They
further attested to how B & W Paving willfully mis-categorized their employment duties
as that of "truck driver" in an effort to conceal payroll, and fall under the Worker's
Compensation insurance exemption permitted under this job title.
Mr. Meran provided numerous copies of paychecks from B & W Paving and stated that
although he was an employee of the company, withholdings were never deducted from
his salary, accounting for neither taxes nor insurance coverage.
This office received a hand written letter from Mr. Willey stating that Mr. Meran was
responsible for his own tax withholdings indicating that he had worked as a subcontractor
for B & W Paving. Mr. Meran's working in this specific capacity without being duly
registered or certified would also construe a Worker's Comp infraction for B & W
Paving, as well as a violation for performing any act which assists a person or entity in
engaging in the prohibited unlicensed practice of contracting, if the licensed contractor
knows or should have known that the person or entity was unlicensed. Either of these
activities are in violation of Collier County Ordinance 2006-46, section 4.1.6 for
"disregarding or violating, in the performance of his /her contracting business in Collier
County, any of the building, safety, health, insurance, or Worker's Compensation laws of
the State of Florida or ordinances of this County.
C.L.B. 2009 - 5
Charles C. Willey
d/b/a - B & W Paving Contractors ofS.W. FL. Inc.
Table of Contents :
. E l/E2 - formal complaint
. E3 - certificate detail report
. E4 - copy of notice of hearing sent certified mail
. E5 - copy of signed return receipt for certified mail acceptance
. E6 - sworn affidavit of worker Carlos Meran
. E7 - sworn affidavit of worker Asael Golles
. E8 - sworn affidavit of worker Silvio Abreu
. E9 - sworn affidavit of worker Donald Murillo
. E 1 0 - hand written letter from Mr. Willey to Contractors' Licensing Office
. Ell - cancelled checks issued to Mr. Meran
. El2 - Florida State Statute 440.1O(l)(a) / 440.l0(l)(b) regulating the procurement
of Worker' s Compo coverage for employees and statutory employees
~t?~~y~ ...
~'.
,"
CONTRACTORS' LICENSING BOARD
.:.
2800 N. HORSESHOE DRIVE
NAPLES,. FLORIDA 33942.
COMPLAINT NUMBER J-t>c> 9 C;-.
COMPLAINANT: ANY PERSON WHO BELIEVES THAT A CONTRACTOR HOLDING A STATE
CERTIFICATION OR CERTIFICATE OF COMPETENCY HAS VIOLATED CO~LIER
coUNTY ORDINANCE NUMBER 90-105, AS AMENDED, .MAY SUBMIT A U10RN
COMPLAINT TO THE CONTRACTOR LICENSING SUPERVISOR, OR HIS/H~R
m:s;rCal'!::::e: THE CO"fP~INTSH.A.LLBE IN srmsr:r.N'rr:r.T.T,Y 'I:HE' FORM
-PRESCRIBEDu BY THE . CONTRACTOR -LICENSiNGSUP.;RVISOR :-- THE . _..
COMPLAINANT SHALL PAY A FEE. OF $50.00, TO pEFRAY THE COSTS OF
ADMINISTERING THE COMPLAINT, AT TH~ TIME OF FILING THE
COMPLAINT. THE COMPLAINING PARTY SR.P..LL STATE 'WITH PARTICULARITY
WHICH SECTION (5) OF. THIS ORDINANCE HE OR SHE BELIEVES HAS BEEN
VIOLATED BY THE CONTRACTOR ~ THE ESSENTIAL FACTS IN SUPPORT
THEREOF.
COMPLAINT
PLEASE PRINT O~ TYPE AND RETURN SIGNED COPIES OF THE COMPLAINT.
DATE "-I ~fo I C> If :
AGAINST: .
CONTRACTOR'S NAME:' ~ ~ A tu-~ 'S
BUSINESS NAME:' B -4-~, . PAUINlr
(~~ct) "\ofCf - JL &o':f
C, W ( &..1- f.:1 PHONE:c"...1 <<1 J .;l' ~~ - ~,..u.o
C.c"-ITttAL,e Il-~ ~ S. W. Ft:... I ~c....... . ,
LICENSE NUMBER IF. KNOWN: d- -::r'3 cr ~
COLLIER CO . COMPETENCY ": a- -::r- ~ c::r 8'
.CONTRACTOR'S BUSINESS ADDRESS: ~l S"
'l 0 0 l' I-C- A I It Po (t!\ t<..t>.
, ~^fLE.S
. )
't- i... . .
";'-I,oL/
FILED BY:
NAME: C.OU..\U ~,.JfV e..:,~l',.&.lI.'(Cf2- 'S...
{ .
ADDRESS: ~'c)b "-.J. t-\Ofl..}~~(-+Of-
L,c~~s(...)(.r CfflcLf::-
t)(l., BUS. PHONE: ('-~~') ;J.~~.- ;...cr1c...f
ADDRESS WHERE WORK DONE:
CITY:
~ A(!u:.s
COUNTY
C.. 0 LU Et...
DATE OF CONTRACT
DATE JOB STARTED
IF NOT, WHAT AMOUNT?
DATE JOB COMPLETED OR NEW HOME OCCUPIED t--.J / A
" (
WERE THERE PLANS AND SPECIFICATIONS? tJ/ A IS THERE A WRITTEN CONTRACT":' 'tV fA
I ~4
IF YES, AMOUNT OF CONTRACT I-J/A. HAS CONTRACTOR BEEN PAID IN FULL?__
., ( WAS A BUILDING PERMIT OBTAINED?___J-J/ A
~ / A-' PERMIT 1# IF KNOWN' . .
,
!
WHO OBTAINED BUILDING PERMIT?
HAVE YOU COMMUNICATED BY LETTER WITH THE LICENSEE?
YE.~
E:-- \
~~r~l)V'
,)/,
. . DATE
~
,I.()- ~'/.O~DO 'YOU HAVE HIS REPLY? \/ E S
I .' . ,.
PLEASE ATTACH TO THIS
,.
FORM ~L COPIES OF THE PURCHASE AGREEMENT, BUILDING CONTRACT, HOME
IMPROVEMENT CONTRACT, COPIES OF RECEIPTS AND/OR CANCELED CHECKS AVAILABLE
.' .
AND ANY ADDITIONAL EVIDENCE TO SUBSTANTIATE YOUR ALLEGATIONS. LIST ANY
SUBSECTIONS OF SECTION 4 OF COLLIER COUNTY ORDINANCE NUMBER 90-10S, AS
AMENDED, WHICH, IN YOUR 'OPINION, HAVE BEEN VIOLATED BY THE CONTRACTOR WHICH
IS THE SUBJECT OF THIS COMPLAINT, (LIST SUBSECTION NUMBER).
, _ _ 4.1.6 - Disregards or violates, in the performance of his contracting business in
Collier County, any of the building, safety, health, insurance or Worker's
Compensation laws of the State of Florida or ordinances of this County.
PLEASE STATE THE FACTS WHICH rOU BELIEVE SUBSTANTIATE YOUR CHARGE OF
MISCONDUCT AGAINST THE SUBJECT CONTRACTOR:~ (LIST FACTS SEPARATELY FOR EACH
rA ...:- D ' ..\
. SUBSECTION NUMBER ABOVE) r (L urt...E..- r 0 ( ,icJ\Jl O.E. \A.J d fLUf-rt.'~
~ "~N ~ "-" ON
I N S>"lJrLAN~
co U (8(.ACrE
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S"'-A"tu1"E:
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(IF ADDITIONAL SPACE
STATE OF
. CO.UNTY OF
~ LO lL.' ~~
6 Lt.. , R..
Sworn to (or affirmed) and subscribed before me this Jb day of
Yrc..p'(Lu~'1 ' ~.Q3..., 'by flab' GQ~U'; .
(name of rson making statement)
.'"
, ~ Notary Public State of Florida
!~."f: Joann Greenberg
'I My commission D0660474
Exnires 04/0812011
'~Of'" ..'
~OT~Y PUBLIC
RINT, TYP OR STAMP
OMMISSIONED NAME OF NOTARY PUBLIC)
Personally known
./or
Prqduced identification
.E"-d.-
Certificate Detail Report
CDPR2305 - Certificate Detail Report
CERT NBR QUALIFIER NAME
27398 CHARLES C. WILLEY
DBA STATUS
B & W PAVING CONTRACTORS OF S.W. FL ACTIVE
DETAIL
CLASS CODE CLASS DESC
4280 PAVING CONTR.
STATE NBR
ORIG ISSD DATE
6/16/2005
STATE EXP DATE
RENEWAL DATE
COUNTY COMP CARD COUNTY EXP DATE
EXPIRE DATE
9/30/2009 OTH OL NBR
COUNTY OL EXEMPT N
CNCL DATE
COUNTY OL NBR
921598
COUNTY OL EXP DATE
9130/2009
OTH OL EXP DATE
REINSTATE DATE
DBA
PHONE
(239)649-2807
FAX
(239)596-8186
MAILING ADDRESS
215 SOUTH AIRPORT
C/O WAYNE BRYANT,
NAPLES
RD.
ATTORNEY
FL
34104-
PHYSICAL ADDRESS
215 SOUTH AIRPORT RD.
C/O WAYNE BRYANT, ATTORNEY
NAPLES FL
34104-
LIABILITY INSURANCE
COMPANY
WEEMS INS. OF NAPLES INC.
EXP DATE
5/11/2009
PHONE
(239)775-8705
EFFECTIVE DATE
5/11/2008
POLICY NUMBER
090005316905 302
CNCL DATE
INSURANCE LIMITS
2,000,000
WORKERS COMPENSATION INSURANCE
WC EXEMPT Y
COMPANY
NAM COVERAGE CORP-LEASE-MATRIX EMP LEASI
EXP DATE
1/1/2009
PHONE
EFFECTIVE DATE
1/1/2008
Collier County Board of County Commissioners
Printed on
CD-Plus for Windows 95/NT
Page
2/26/200 12:38:13PM
1 E-
-:?
~
COLLIER COUNTY BUILDING REVIEW &
PERMITTING
CONTRACTOR'S LICENSING
2800 N. Horseshoe Drive · Naples, Florida 34104 · (239) 403-2432 · Fax (239) 403-2469
CERTIFIED MAIL # 7007 0710 0003 3698 4465
Date: 1/28/09
Charles C. Willey
d/b/a - B & W Paving Contractors ofS.W. FL.
C/O David E. Bryant. Attorney
215 South Airport Rd.
Naples. FL. 34104
RE: Complaint filed against you by the Collier County Contractor Licensing Office.
Dear Charles C. Willey:
A complaint has been filed against you by the above referenced individual.
A hearing of this complaint will be held by the Contractors' Licensing Board on March
18t\ 2009 at 9:00 AM in the Board of County Commissioner's Room, Third Floor,
Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail,
Naples, Florida.
Your presence before the Contractors' Licensing Board is required at this time.
The packet you will receive marked composite exhibit "A" will be delivered to the
members ofthe Contractors' Licensing Board one week prior to the hearing. If you
wish to prepare a defense packet and have it delivered in conjunction with composite
exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on
Wednesday, one week prior to the hearing. In your packet, you may give a summary
of events.
At this meeting, you may present evidence and be represented by an attorney of your
choice.
In the event the Contractors' Licensing Board finds you in violation of Section
number(s) 4.1.6 of Ordinance # 2006-46 the range of disciplinary sanctions which may
be imposed are from an oral reprimand to a suspension or revocation of your Collier
County Certificate # 27398 andlor suspension or revocation of your permit privileges
against your state license # N/ A.
Sincerely,
Rob Ganguli
Licensing Compliance Officer
Phone # (239) 252 2914
/mw
c
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r
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E - L-i
. Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece.
or on the front if space permits.
D Agent I
D Addressee
. Date of Delivery
~-.:z-O
DYes
D No
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34"l>'f
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3. Service Type i
III Certified Mall D Express Mall I
o Registered 0 Return Receipt for Merchandise :
o Insured Mall 0 C.O.D. I
4, Restricted Delivery? (Extra Fee) D Yes
2. Article Number
(fransfer from service labeQ
PS Form3811, February 2004
7007 0710 0003 3698 4465
Domestic Retum~:'
102595-Q2-M.154f'
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~
.
COMPLIANCE SERVICES
:\:::ea:::~~~~~~~:;[~ lL- 3U2p
My phone number is: ? - L My' social security # is: 06f, 6 '?- II?}I
My date of birth is:1!LJ ~r" 63 I My driver's License # is:J';f6.J()//(J b3 tJt1J() t.
I . I Q.<!>~'T1C1A'.!\6f\- L.t~kJS'l~c. Of"f'tt..#'
Today is (Mo. /dt/yr) () \- "2:k,- 09 I am at hi-. 'iro-C IV. f-+c!>LrE S:~ flit.
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o {L
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- . "f! 0 'F tAU .. _ /L rd- , dh ,~"'/
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STATE OF FLORIDA
./
COUNTY OF COLLIER
The foregoing statement was acknowledged before me this ,;),17 day Ofjn.""-LOA'f '
:c;l.oc':J by ('MIas \. m~{'()..r\ who has produced F\...t\l..1t- ;'\'1/050,[10 .{o.J, '005,0
as identification and who did (did not) take an oath.
Notary Public)
i~"'~ Notary Public State 01 Florll:Ie
. . ~ Joann Greenberg
'1 c . Z My Commission 00680474
~ Of "." Expi"'. 0410812011
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission # /J tfT-
My Commission Expires:
(NOTARY'S SEAL)
E-b
.~
COMPLIANCE SERVICES
My name i :
I live at:
A STATEMENT FORM
~J SQ.1.) 6cJ III'S' . .._
Z CO 7 . ~O ~ 4 V1 q NLJTJ' ti I-l 1) c; r I ~.s rp-l. 3 I..f I I,b .
2)'1 ' f .
mber is:/ 't~7Z.)JiZ." My'social security # 1s:59/' 5'7-2'-13).
\"
My driver's License # is:J712D -t)()07'-/3S'(, ,
c..o.u'fp,.~t\ort.. Ll~~(~(, Of~a...L.
I am at ;1. ~oo IJ. Holtc::~ 'a:f-\b~ Dn..
My date 0
,regarding
STATE F FLORIDA
COUNTY 0
COLLIER
oing statement was acknowledged before me this :J, '1 . day of L.llI''''''!4
It:;')~ I GolleS who has producedF\.,t\1.fl.("'il1.C'()oc'7i.~ir,o(
fication and who did (did not) take an oath.
The fo e
~~ y
as ide t
Notary Public)
,<t#~~ N Olary Public Slate 01 PIO!ld.
. · ": Joan" Greenberg
'll.' ,I MyCommiHion OOIle0474
... Of..' Exjli,., Q.\/08I2011
ame of Notary Public)
UBLIC
ommission #
ssion Expires:
(NOTARY I S SEAL)
E:- - '-:::r
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COMPLIANCE SERVICES
STATEMENT FORM
,.
ED 'rLU, .._
1. vd -:Lu-, JJCt.,/e$;- -rl.. ,'3~)."J.;O
I
My phone is:(9'6-''322.- ~l/J7', My'social security # is:/~cj-'l,}.-'J-'1iy
My date 0 birth lS:CJIj'/.'1,lf.f"C? My driver'~ License # is:_Altpp.7'jO.j-O-/3f,"':.O
, c..oou'f'IZI-ct..l\blt.. LI~~(~6 Of~a..L
Today is ( o./dt/yr) (J I - :J. 7- cJtJt 9 I am at ;1. <<.ao /o..J, Ho /tee. 'l:~G.. DI2..
talking .
,regarding
E
e
The fo e oing statement was acknowledged before me this :J. 7 day ofJ,..,,^.,~."'1
~vO<t y S~l VIO r-t'orp v who has producedF!.. (\l. #: 1+ ilaD' no. rjo.tV;, ,C!
as ide t fication and who did (did not) take an oath.
~~~a\ Notary Public Slale of FIorilI.
. . Joann Greenberg
~, ,,J My Commission 00680474
~ '" ..."- Expires 0410812011
ame of Notary Public)
UBLIC 1
ommission # 10-- -f;
ssion Expires:
(NOTARY I S SEAL)
~-<t>
~
COMPLIANCE SERVICES
I live at:
STATEMENT FORM
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My name is:
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My phone mmber is: J3f7-707 Ok; 0(: , , My'social security # is:;J/B-94- 04rP5
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My date of birth is: I v tJ.o 51 I My driver's License # is: !1CJ40:rQc;-5138G-(
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talking to ":-_I",,"~-rI"'A,rOIt.
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STATE OF FLORIDA
COUNTY 0 COLLIER
The fore oing statement,was acknowledged before me this d.'I _clay offL'r\"~'^1
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as ident fication and who did (did not) take an oath.
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r~natu e of Notary Public)
(Print lame of Notary Public)
NOTARY I UBLIC '
serial/Commission # T0(t-
My Corom ssion Expires:
.o.,.~.... Notary Public State of FlOllI:Ia
~ ."f. Joann Graenbarg
~ c ,; My Commission 00660474
~Op...d" ExpiraalW08I2011
(NOTARY'S SEAL)
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B . W PAVING CONTRACTORS
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Statutes & Constitution :View Statutes :->2008->Ch0440->Section 10 : flsenate.gov
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February 26, 2009
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Titl~ XXXI
LABOR
Chapt~r 440
WORKERS' COMPENSATION
440.10 Liability for compensation.--
(1 )(a) Every employer coming within the provisions of this chapter shall be liable for, and shall
secure, the payment to his or her employees, or any physician, surgeon, or pharmacist providing
services under the provisions of s. 440.13, of the compensation payable under ss. 440.1J, 44Q.J~,
and 440.16. Any contractor or subcontractor who engages in any public or private construction in
the state shall secure and maintain compensation for his or her employees under this chapter as
provided in s. 44Q.Ja.
(b) In case a contractor sublets any part or parts of his or her contract work to a subcontractor or
subcontractors, all of the employees of such contractor and subcontractor or subcontractors
engaged on such contract work shall be deemed to be employed in one and the same business or
establishment, and the contractor shall be liable for, and shall secure, the payment of
compensation to all such employees, except to employees of a subcontractor who has secured such
payment.
(c) A contractor shall require a subcontractor to provide evidence of workers' compensation
insurance. A subcontractor who is a corporation and has an officer who elects to be exempt as
permitted under this chapter shall provide a copy of his or her certificate of exemption to the
contractor.
(d)1. If a contractor becomes liable for the payment of compensation to the employees of a
subcontractor who has failed to secure such payment in violation of s. 440.38, the contractor or
other third-party payor shall be entitled to recover from the subcontractor all benefits paid or
payable plus interest unless the contractor and subcontractor have agreed in writing that the
contractor will provide coverage.
Z. If a contractor or third-party payor becomes liable for the payment of compensation to the
corporate officer of a subcontractor who is engaged in the construction industry and has elected to
be exempt from the provisions of this chapter, but whose election is invalid, the contractor or
third-party payor may recover from the claimant or corporation all benefits paid or payable plus
interest, unless the contractor and the subcontractor have agreed in writing that the contractor
will provide coverage.
(e) A subcontractor providing services in conjunction with a contractor on the same project or
contract work is not liable for the payment of compensation to the employees of another
subcontractor or the contractor on such contract work and is protected by the exclusiveness-of-
liability provisions of s. 440.JJ from any action at law or in admiralty on account of injury to an
employee of another subcontractor, or of the contractor, provided that:
1. The subcontractor has secured workers' compensation insurance for its employees or the
contractor has secured such insurance on behalf of the subcontractor and its employees in
accordance with paragraph (b); and
Z. The subcontractor's own gross negligence was not the major contributing cause of the injury.
(f) If an employer fails to secure compensation as required by this chapter, the department shall
assess against the employer a penalty not to exceed $5,000 for each employee of that employer
http://www.flsenate.gov/STATUTES/index.cfm?App _ mode=Display _ Statute&Search_ Stri... 2/26/2009 ~ - I 0