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CLB Agenda 04/21/2010
AGENDA COLLIER COUNTY CONTRACTORS' LICENSING BOARD DATE: WEDNESDAY—APRIL 21, 2010 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: MARCH 12, 2010 V. DISCUSSION: (A) End of the Month Report—March 2010 (B) Brief Overview of Ordinance VI. NEW BUSINESS: (A) Orders of the Board (Signing) (B) Ralph R. Partington Jr. —Qualify 2nd Entity (C) Brian T. Ohlis—Contesting Citation (D) Nicholas H. James—Waiver of Examination(s) (Reinstatement) VII. OLD BUSINESS: VIII. PUBLIC HEARINGS: (A) Case#2010-02 Gregory Henderson D/B/A: Henderson Painting, Inc. IX. REPORTS: X. NEXT MEETING DATE: WEDNESDAY MAY 19, 2010 W. HARMON TURNER BUILDING, 3RD FLOOR (COMMISSIONERS MEETING ROOM) 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (COURTHOUSE COMPLEX) March 12, 2010 TRANSCRIPT OF THE MEETING OF THE CONTRACTORS' LICENSING BOARD OF COLLIER COUNTY Naples, Florida March 12, 2010 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: Thomas Lykos Richard Joslin Michael Boyd Terry Jerulle Kyle Lantz Robert Meister Patrick White ALSO PRESENT: Patrick Neale, Attorney for the Board Robert Zachary, Assistant County Attorney Michael Ossorio, Contractor Licensing Supervisor Page 1 March 12, 2010 CHAIRMAN LYKOS: Okay, I'm going to call to order the meeting of the Collier County Contractor Licensing Board. Today is Friday, March 12th, 2010 at 9:03 a.m. 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 want to remind everybody to speak one person at a time and make sure you speak clearly into the microphones. We'll start with roll call, beginning on my right. MR. JERULLE: Terry Jerulle. MR. LANTZ: Kyle Lantz. MR. JOSLIN: Richard Joslin. CHAIRMAN LYKOS: Tom Lykos. MR. WHITE: Patrick White. MR. BOYD: Mike Boyd. MR. MEISTER: Robert Meister. CHAIRMAN LYKOS: Thank you. Staff, any additions or deletions to the agenda? MR. JACKSON: No additions or deletions to the agenda. CHAIRMAN LYKOS: Thank you. I need a motion to approve the agenda. MR. JOSLIN: So moved, Joslin. MR. LANTZ: Second, Lantz. CHAIRMAN LYKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. Page 2 March 12, 2010 MR. JOSLIN: Aye. CHAIRMAN LYKOS: Opposed? (No response.) CHAIRMAN LYKOS: Thank you. I need approval of the minutes from the February 17th meeting. MR. JOSLIN: I make a motion that we approve the minutes from the February 17th meeting. MR. JERULLE: Second, Jerulle. CHAIRMAN LYKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: Opposed? (No response.) CHAIRMAN LYKOS: Thank you. Okay, discussion. End of the month report. MR. OSSORIO: Good morning, Mr. Chairman. For the record, Mike Ossorio, Collier County Contractor Licensing Supervisor. The end of the month report is for February. And it's there if you'd like to discuss it. I have nothing further to say about it. And while we're reviewing the monthly report, I want to recognize Mr. Robert Meister. He's a certified general contractor. He's been appointed by the City Council to sit on this Contractor Licensing Board, and it was approved by the Board of County Commissioners on Tuesday. And I welcome Mr. Meister to the licensing board. CHAIRMAN LYKOS: Welcome. Thank you for serving. Michael, one comment. We had asked previously to have the Page 3 March 12, 2010 budget alongside the actual for our monthly report. MR. OSSORIO: We're going to work on it. CHAIRMAN LYKOS: Okay. MR. JOSLIN: One other item I'll try to add, the last meeting I believe that we as a board motioned or wanted Mr. French to come back in and give us an analysis of the fee increases, of where they were going and what was happening. He was going to give us a report. MR. OSSORIO: I believe the budget is being worked on as we speak. Just remember, the makeup of licensing, our fee -base related issues, typically our fees, you won't see a huge increase in our fees. The 40 percent would be in September, June, July and September, due to the fact that we're going to be doing our renewing. So he's going to have to account for that. So this is a long process. So I'm sure Mr. French will be here in the next couple of months and discuss those issues with you. MR. JOSLIN: Okay. CHAIRMAN LYKOS: Thank you. Do we want to discuss the remaining more progress in the workshop, or do you want to save that for the end of the meeting? MR. OSSORIO: The workshop as in for the amendment of the ordinance? CHAIRMAN LYKOS: The workshop for the board. MR. OSSORIO: We haven't come up with when we're going to do the workshop. We had our first meeting with the county attorney, Pat Neale, and it's going well. I suspect that we'll probably have a workshop in May. CHAIRMAN LYKOS: Okay. MR. OSSORIO: And that if it is a workshop, it will be a strictly workshop at our office. It will be open to the public, you know, open for the public. And we'll just have that workshop. We won't have any Page 4 March 12, 2010 other agendas or anything, old business or new business to discuss, other than just a quick workshop in and out of the office to discuss it, with the cooperation with CBIA, the industry itself. So that's what we're looking at. CHAIRMAN LYKOS: Okay, thank you. Mr. White just reviewed the minutes and saw that Mr. French was going to be here in April after the first quarter, so he could do a review of the first quarter financials and come back to us in April. So thank you, Mr. White. MR. WHITE: You're welcome, sir. CHAIRMAN LYKOS: Any other questions or comments for Michael under the discussion? (No response.) CHAIRMAN LYKOS: Okay, moving along. New business. Mr. Rolando Alvarez. (Speakers were duly sworn.) CHAIRMAN LYKOS: Mr. Alvarez, you're here because you want a waiver of the examination requirements to obtain your license; is that correct? MR. ALVAREZ: Yes, sir. CHAIRMAN LYKOS: Okay. Ian, are you taking this? MR. JACKSON: No. CHAIRMAN LYKOS: Okay. MR. OSSORIO: I'll take it for you. CHAIRMAN LYKOS: Okay, thank you. MR. OSSORIO: No problem. Just -- THE COURT REPORTER: Mr. Ossorio, I'll go ahead and swear you in. Would it be all right if I swear them in for the day so I don't need to re- swear? CHAIRMAN LYKOS: That's fine with me. •,_. , March 12, 2010 (Mr. Ossorio and Mr. Jackson were duly sworn.) MR. OSSORIO: Mr. Alvarez is a licensed company; am I correct? You have a cabinet company? MR. ALVAREZ: Yes, sir. MR. OSSORIO: So he has a cabinet and he also has a floor covering license? MR. ALVAREZ: Yes, sir. MR. OSSORIO: So he's been doing business here for quite a while. Unfortunately on the -- when you look at the ordinance, the floor covering and the cabinet installing license only requires a business procedure test. Mr. Alvarez is going for a painting license, which includes a trades test. And when you do a trades test that means you have to take the exam for a trades test. And Mr. Alvarez is here to tell you that he's taken the painting exam -- how many times? MR. ALVAREZ: Three times. MR. OSSORIO: And he has unfortunately failed three times. And he's here to talk to you about his experience as a painter and see if you could give him some kind of relief towards that exam. CHAIRMAN LYKOS: Okay, thank you. MR. OSSORIO: Am I correct? MR. ALVAREZ: Yes. CHAIRMAN LYKOS: Okay, Mr. Alvarez, you want to give us some background on your experience and tell us why you're here today, please. MR. ALVAREZ: Yes, sir. I'm start painting since I got 18 years old. Also not here, in Europe. And then I come here and I start, you know, working in the construction. And, you know, keep painting, which is the most what I can do. And when I start try to get my painting license, you know, I fail the first time. It was about couple years ago. And the second time it was -- the first time was closed book. March 12, 2010 And then when they start coming to open book, I come and I failed the second time. But I keep, you know, reading, like in my letter say. I'm not from here, and also I don't came from the school from here. And also the English what they use on that test, I'm not familiar with that. I'm just familiar with the construction English, you know, two -by -four, beam, stuff like that, not specific things that they say in there. I also for that reason, when I keep my painting license and also to support my family, I got to move to Georgia. And Georgia, I also have my remodeling company, which is I got here for the county what I work there. Comply with all these law. But still I move here. Also, when I start living in Georgia, I fly here to Fort Myers to get my test again. And I still fail, you know. And then the -- what I say, I got like almost 20 years doing the same thing. And like Mr. Ossorio said, it's not -- I can do the whole business without -- like I can start your door, but I cannot paint the door. You have to hire a painter. Which is, you know, not something -- normally I could do it because I like to please the whole, you know, project. And I been working for so long time, and I keeping my -- I don't have my license. It has to be by law. I don't want to work with no license, which is ain't right. And that's why I came here. Because I knew if I go there, it's going to be the same thing, you know. You know, every time they make the -- I go into the test, it's another different, you know, words and they change the language and the same thing, pretty much. I gonna be stuck in the same hole for who knows. CHAIRMAN LYKOS: Okay. Thank you, sir. Questions for Mr. Alvarez? MR. JOSLIN: Just one -- I guess one to explain it. The problem with you taking the test is that you don't understand the language or the way they're giving the test in the language that you speak, is that the case? Page 7 March 12, 2010 MR. ALVAREZ: Yes, the language, the terminology they use in there, I don't understand what they say. And then if you don't understand the whole thing, how can I answer? Because one word change the whole thing. MR. JOSLIN: Is it the problem with the English language -- MR. ALVAREZ: Yes. MR. JOSLIN: -- that you don't understand the English language? What language do you speak? MR. ALVAREZ: Spanish. MR. JOSLIN: Spanish. Mr. Ossorio, I've just got a question for you. I think a long time ago that we have a testing company that does give the test in Spanish if it's requested, isn't (sic) it? MR. OSSORIO: Yes, we have actually two testing companies. One is a nationwide testing company, Prometric, and the other one is Gainesville Independent. And Gainesville Independent is -- does offer it in Spanish. The books are in English, but the test could be in Spanish. And you have to drive to Ocala, a what, four and a half hour drive to take the exam. So that is an offer. MR. JOSLIN: I'm not saying the painting is a license or something that is -- I don't know how you say it, a Tier I category license, but -- for painting. But I'm just trying to find a way that he could take the test in Spanish rather than in English, if he doesn't understand the English language. MR. WHITE: Mr. Chairman? CHAIRMAN LYKOS: Mr. White? MR. WHITE: You've taken the exam three times, sir? MR. ALVAREZ: (Nods head affirmatively.) MR. WHITE: What were your scores? Because I've looked through the packet and there's nothing in here that tells me what the grade you got was and what the passing grade is. MR. ALVAREZ: I don't have that paperwork because it's a Umb March 12, 2010 couple years ago. But it's 70, 69, something like that. And I believe they ask for 75 percent. I don't know if they changed already. MR. WHITE: So you were close but not quite there. MR. ALVAREZ: Well, the last time was 75 percent. MR. WHITE: But your scores were close but not passing. MR. ALVAREZ: Well, sometimes not even close. In the sixties. MR. JOSLIN: At least you're honest. MR. OSSORIO: Mr. Chairman, just for the record, the passing grade by the ordinance is 75. CHAIRMAN LYKOS: Okay, thank you. MR. OSSORIO: I believe he's got a 50 and a 60 and maybe a 70 in there. So -- MR. JOSLIN: And this is all been taken in English, right, you've taken the test? MR. ALVAREZ: (Nods head affirmatively.) CHAIRMAN LYKOS: Kyle? MR. LANTZ: I actually have two questions: One, have you gone to any other construction schools like Cam Tech or, I don't know, there's a thousand of them out there. Have you attended any of those? MR. ALVAREZ: No. MR. LANTZ: Okay. So a comment on that. I would recommend you do that. And then my other question is just a stupid technicality, but I saw that your corporation and your stocks and everything are on Real Handyman and Carpentry, Inc., but your application is Real Handyman and Finish Carpentry, Inc. I'm just wondering what the -- MR. ALVAREZ: Yeah, is once when I open the -- that business account, I open on that, because I also got the handyman license too. But when I apply, Ossorio, Mike Ossorio told me I cannot do that because I'm not a carpenter. And that way I have to make an amendment to Tallahassee to change carpentry for finish carpentry, UM March 12, 2010 because I'm not licensed. MR. OSSORIO: That's correct. You know, typically, you know, when somebody comes in and says I'm going to be -- the name of my business is Michael Ossorio's Carpentry, we have a carpentry license, and he's going for a cabinet license or a finish work, so technically we just don't like that kind of verbiage in there. So he had to do an amendment to the corporation, so that's why you see a little difference. MR. LANTZ: I just saw the corporate shares and all the corporate stuff that was in our packet said carpentry, not finish carpentry. So I was just wondering what the difference is, that's all. CHAIRMAN LYKOS: Any other questions for Mr. Alvarez or for staff? (No response.) CHAIRMAN LYKOS: Okay, so if I may summarize, Mr. Alvarez, you've got several years of experience doing painting. You also have licenses in other trades. But because of a language barrier, you cannot pass the painting exam. However, you've been informed today that you can take the test in Spanish, and there are also construction classes that you could take that would maybe familiarize you more with the terminology that you might need to understand to pass the test. Does that sound like I summarized it pretty well? MR. JOSLIN: Uh -huh. CHAIRMAN LYKOS: Okay, if there are no other questions or comments from the board, I'm going to need a motion. Kyle? MR. LANTZ: I move we deny his request and -- MR. WHITE: Second. MR. LANTZ: -- require him to take the test and pass it. CHAIRMAN LYKOS: I have a motion, I have a second. Any further discussion? MR. WHITE: Under discussion, Mr. Chairman, I would simply recommend to the applicant that he consider attending one of the Page 10 March 12, 2010 schools, and also pursue taking the exam in Spanish if he feels that that is the real problem here. From my point of view I didn't see enough effort on your part to find other ways to get through the exam other than to just have us waive it. CHAIRMAN LYKOS: Okay, I have a motion, I have a second. All those in favor of declining the request, say aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: Opposed? (No response.) CHAIRMAN LYKOS: Motion carries, thank you. Okay, Gregory Westgate, qualifying a second entity. (Speaker was duly sworn.) CHAIRMAN LYKOS: Mr. Jackson? MR. JACKSON: Mr. Westgate currently qualifies Southern Coast Painting and is in front of the board today to qualify a second entity, Classic Painting of Naples. CHAIRMAN LYKOS: Thank you. MR. JERULLE: Mr. Chairman, just to let you know, I've worked -- or he has worked for me a long time ago. I don't think it's going to affect my decision, but just want for the record to let you know. CHAIRMAN LYKOS: Thank you, Mr. Jerulle. And also I have a relationship with Mr. Westgate and his company, Southern Coast Painting, and I will abstain from voting on this request. Okay. Page 11 March 12, 2010 Mr. Westgate, explain to us why you're here, sir. MR. WESTGATE: I'm transitioning over to -- actually expanding with a partner to another aspect of painting, which is more focused on repaints and residential, opposed to new construction. I want to continue to pursue new construction and commercial work, and my partner is going to pursue a -- more of a residential repainting sector of the business. CHAIRMAN LYKOS: Okay. MR. JERULLE: Is your partner here? MR. WESTGATE: Yes. MR. JERULLE: Could you point him out for us? MR. WESTGATE: Mr. Vallenueva. CHAIRMAN LYKOS: Do you have questions of his partner? MR. JERULLE: No, just curious. Not yet, anyway. THE COURT REPORTER: Mr. Westgate, could you spell his last name for me, please? MR. WESTGATE: V- A- L- L- E- N- U- E -V -A. THE COURT REPORTER: Thank you. MR. JOSLIN: How long has this company been in business, Mr. Westgate? MR. WESTGATE: Well, it's not current. We're in the process of completing all the documents and paperwork. MR. JOSLIN: No, you're qualifying a second entity, you said. MR. WESTGATE: Correct. MR. JOSLIN: What's the first entity? How long has it been in business? MR. WESTGATE: Since 1996. MR. JOSLIN: Mr. Ossorio, has there been any other problems with this company? Michael? CHAIRMAN LYKOS: Michael? MR.OSSORIO: Yes? MR. JOSLIN: Has there been any citations or problems with this Page 12 March 12, 2010 company? MR. OSSORIO: Nothing I know of, no. MR. JOSLIN: What is your feeling on it? MR. OSSORIO: I read it and I reviewed it and it looks fine to me. CHAIRMAN LYKOS: Kyle? MR. LANTZ: I'm just curious, do you have -- do you currently have workers' comp coverage, or are you working on an exemption? MR. WESTGATE: No, I'm covered with workman's comp. MR. LANTZ: And the second company will be comp. or exemption? MR. WESTGATE: Don't know. It's not been -- we're going to start off the business with Bill doing the work himself. In efforts to expand, we would hire a management company to do payroll and outsource that and take advantage of the coverage that is provided by the outsource company at that time. CHAIRMAN LYKOS: Mr. Jerulle? MR. JERULLE: Mr. Chairman, as the board knows, I'm not in great favor of having one company qual -- or one person qualify two different entities, especially if those entities are the same. I guess I don't understand why you want to qualify a second entity when you have an entity that paints. It doesn't make a difference if the painter is commercial or residential, you still have a license to paint, correct? MR. WESTGATE: Yeah, but his focus is going to be predominantly on a different part of the industry than mine. MR. JERULLE: So why can't you bring him into your existing entity? MR. WESTGATE: Well, we did talk about that. And he's got more ambitions than to do such that. You know, he wants to grow and be more of an acting member than an employee. And I -- you know, he proved to be, you know, financially responsible to fund that. And Page 13 March 12, 2010 he's ambitious and wants to -- wants to, you know, partner and do things right and achieve what everybody else is trying to achieve. And I thought it was a good opportunity for myself as well him -- MR. JERULLE: So then it begs the question, why not sell him part of your company and let him do that, or work out an arrangement with him to give him part of your company -- MR. WESTGATE: Yeah, we talked -- MR. JERULLE: -- to do that? MR. WESTGATE: We talked about that. MR. JERULLE: I just don't understand why you need two different -- you need to have two different separate painting companies. MR. WESTGATE: We talked about that as well. And I don't want to give up my shares of my existing company. MR. JERULLE: Okay. MR. LANTZ: What sort of role are you going to have in the new company? MR. WESTGATE: Management. MR. LANTZ: Like job site supervision management or overseeing the books management or -- MR. WESTGATE: Overseeing the books. MR. JOSLIN: If I may`? CHAIRMAN LYKOS: Sir? MR. JOSLIN: I'd just like to call the board's attention to the credit application in the back of the packet. Mr. Westgate, I found it -- I've got -- well, I'm seeing five different collection accounts on you in '09. Not a sizeable amount of money on them, except for one that's a foreclosure. Can you kind of give me an idea on what's going on with that? MR. WESTGATE: And which -- where is that at? MR. JOSLIN: It's from Wells Fargo Home Mortgage. Foreclosure procedure. And you're delinquent 180 days. March 12, 2010 MR. WESTGATE: That was a short sale. That's a short sale on a home that I lived in. MR. JOSLIN: What is MINTEX, Inc.? MR. WESTGATE: I'm not sure. MR. JOSLIN: I'm not sure what it means. It's a company of some sort. M- I- N- T -E -X, Inc. MR. WHITE: They look like they're a collection company, but the original creditor was Collier County Waste. Would that be not having paid for your solid waste pickup? MR. WESTGATE: What solid waste? MR. WHITE: Garbage. MR. WESTGATE: No, it's all in my taxes. I guess when you're delinquent on payments and you're delinquent on property tax in the situation where you've not made the payment, then the taxes are responsible of the owner, which would be the bank. You know, I don't really want to get into the logistics of how a mortgage is foreclosed on, nor that I would feel it was relevant to question me on my, you know, short sale or foreclosure process of my primary residence. MR. WHITE: Well, I appreciate your -- CHAIRMAN LYKOS: Excuse me, Mr. White. Mr. Neale, why don't you clarify for us. There are some guidelines for us whether we take the business credit or personal credit into consideration in these circumstances, if you'd clarify that for us, please. MR. NEALE: Right. And since his business has been in the business that he currently has, has been in business for over a year, you're to look to his business credit, not to his personal credit in determining whether he has been responsible. And you're to look primarily at construction debts, not at personal debts. So, you know, if he had a house foreclosed on and it was his own house, as long as he's running his business well and paying his Page 15 March 12, 2010 business debts, in today's economy particularly I don't think that's something that anybody should throw big rocks at him about. You know, if he's able to keep his business squared away, and particularly since both the Florida Administrative Code statute and the rules all say that it's whether they're paying their contracting debts, not their personal debts. CHAIRMAN LYKOS: Thank you. MR. JOSLIN: What's the -- one other question then. According to the business credit report I'm showing something for Chicago Municipal Company for a debt that was filed in 11/20 of '03 for $9,200? MR. WESTGATE: Yeah, that's been satisfied. MR. JOSLIN: Why is it appearing on your credit report? I don't see anything that says it's satisfied, that's why I'm asking. MR. WESTGATE: That was a business consulting company that was -- that was sent in as well. It was requested that that be sent in, the documents qualifying that that was satisfied. Is it in your packet? Because it was provided. MR. JOSLIN: No, that's why I was looking for it. MR. WESTGATE: That was provided, right, Bill? That was the MR. WHITE: There's a satisfaction release of judgment for the amount of $9,239 -- MR. WESTGATE: Yeah, that's correct. MR. WHITE: -- from the Circuit Court of Cook County, Illinois, which is Chicago. MR. WESTGATE: That's it. MR. JOSLIN: Where did you find that, Mr. White? MR. OSSORIO: Mr. Joslin, it's three pages up from the credit report. MR. JOSLIN: Okay. CHAIRMAN LYKOS: It's in front of the business report, credit Page 16 March 12, 2010 report. MR. JOSLIN: Sorry. MR, WHITE: I knew I'd seen it, but -- MR. NEALE: And one other point on the Rule 61G4 is that the consumer credit report should not disclose any unsatisfied judgments or liens against the applicant. So if there are any outstanding judgments or liens against the applicant, those can be grounds to disqualify. But this is a satisfied judgment. MR. WHITE: Is that on both the business and personal or just -- MR. NEALE: Business and personal. The specific language is -- this is 61G4- 15.006. The financial responsibility ground on which the board shall refuse to qualify an applicant is failure to provide a current consumer credit report, which consumer credit report does not disclose any unsatisfied judgments or liens against the applicant. MR. WHITE: Just one question, Mr. Chairman, to clarify about the workers' comp, if I may? CHAIRMAN LYKOS: Yes, sir. MR. WHITE: Mr. Westgate, you indicated that your company Classic was going to file for exemptions, or not? MR. WESTGATE: Upon the approval of this we will consult with a -- with In Balance -- actually, we've consulted with them already as far as the payroll -- use the numbers of payroll service, and them providing the workmen's comp. for the employees as they're signed on. MR. OSSORIO: Mr. White, if you look on the back of the page, it says notice of election to be exempt. His partner is going to be owners (sic) of a company, obviously he's going to have to get a workers' comp exemption, be incorporated. It's either /or, workers' comp exempt with a payroll service -- MR. WESTGATE: Well, most of the work that's required, except for outside of condos, is no -- you can use an exemption for personal residences. Condos you need to be -- even if you're the Page 17 March 12, 2010 owner, it's required you are covered. I don't -- MR. OSSORIO: That's not true. MR. WESTGATE: -- believe that they accept -- or they accept exemptions? MR. OSSORIO: No, it's up to the condo association. Some of the condo associations don't like exemptions, but there's no restriction on the exemptions. Workers Comp under 440, if you are exempt, you're exempt from commercial /residential. A lot of companies don't like exemptions because it's easy to cheat, so they like to have a payroll service or some kind of a policy. MR. WESTGATE: Right. And in the work that he is, you know, following, that we haven't needed to go to that step yet. MR. WHITE: So the point of my question was to clarify whether your intention is to file for the exemptions or to have the coverage. I'm not sure I got a clear answer either way. MR. WESTGATE: It will be done by the payroll company. But at this time the plan is to have Bill exempt from Workmen's Comp. MR. WHITE: You're saying the president, Mr. Bill Vallenueva? MR. WESTGATE: Correct. MR. WHITE: And the Notice of Election to be Exempt that you filed and is in our packet, what about that? MR. WESTGATE: I've been exempt. MR. WHITE: Okay. MR. JERULLE: I'm not sure I understand. Excuse me. You're going to be exempt from both entities? MR. WESTGATE: Yes. MR. JERULLE: And he'll be exempt from the second entity as well? MR. WESTGATE: Yeah, that's correct. MR. JOSLIN: Are you going to have employees besides yourself? Besides yourselves. MR. WESTGATE: Hopefully there'll be future growth. That's Page 18 March 12, 2010 the whole plan here. MR. JOSLIN: That's why you're going to use the payroll service then? MR. WESTGATE: That's right. MR. LANTZ: And is there another person exempt from your current company? Is it just you? MR. WESTGATE: Just me, yes. I've always been the sole owner. CHAIRMAN LYKOS: Any other questions for Mr. Westgate or for staff? MR. JERULLE: Are you still going in the field, Greg, and painting? MR. WESTGATE: No. MR. JERULLE: I have no other questions. CHAIRMAN LYKOS: Any other questions? (No response.) CHAIRMAN LYKOS: Then I need a motion. MR. BOYD: I make a motion we approve it. CHAIRMAN LYKOS: I have a motion to approve. I need a second. MR. MEISTER: Second. CHAIRMAN LYKOS: Thank you, Mr. Meister. I have a motion, I have a second. Any further discussion? MR. JERULLE: Yeah, I still have a problem with if he's trying to qualify a second entity that does not do painting, I would agree, most likely, if everything was in order. But to have two painting companies doing the exact same thing, it just doesn't -- I just have a hard time with it. I don't think that we're serving the public or ourselves well by doing that. So personally I have a problem with it and I'm going to vote no. CHAIRMAN LYKOS: What are your specific concerns, Terry? Page 19 March 12, 2010 MR. JERULLE: You have a painting company that can do -- his motive was to have one do residential and one do commercial. He can do residential and commercial now. There's nothing preventing a painting company from doing either one. So he's trying to create a second entity for a purpose that I still don't understand why. Just to create another entity. And I just think there's things that could happen. Not saying that will happen, but in my mind there's things that can happen by having two different entities when you can only -- when you still only need one. So in my mind I just disagree with it. CHAIRMAN LYKOS: Okay, thank you for your comments. Any other comments? (No response.) CHAIRMAN LYKOS: Okay, we have a motion and a second to approve. I'm going to call the vote. All those in favor? MR. BOYD: Aye. MR. MEISTER: Aye. MR. WHITE: Aye. CHAIRMAN LYKOS: All those opposed? MR. JERULLE: Nay. MR. LANTZ: Aye. MR. JOSLIN: Aye. THE COURT REPORTER: Could I see a show of hands? CHAIRMAN LYKOS: In favor, raise your hand, please. MR. WHITE: (Indicating.) MR. BOYD: (Indicating.) MR. MEISTER: (Indicating.) CHAIRMAN LYKOS: Opposed, raise your hand. MR. JOSLIN: (Indicating.) MR. LANTZ: (Indicating.) MR. JERULLE: (Indicating.) THE COURT REPORTER: And you're abstaining. Page 20 March 12, 2010 CHAIRMAN LYKOS: I'm abstaining. So we had a motion to approve and we have a vote of 3 -3, which means the vote does not carry, correct? MR. NEALE: Right. MR. WESTGATE: Can I -- MR. WHITE: Make a motion -- CHAIRMAN LYKOS: Excuse me one second. Mr. Neale, is that correct? MR. NEALE: That's correct. CHAIRMAN LYKOS: Based on the motion that was made and based on a tie vote, the motion does not carry -- MR. NEALE: Right. CHAIRMAN LYKOS: -- because it was not voted on by a majority. MR. NEALE: Correct. Mr. White I believe wants to -- CHAIRMAN LYKOS: Mr. White? MR. NEALE: -- make an alternative motion. MR. WHITE: If the applicant wanted to make a comment, I'd let him go first. MR. WESTGATE: Yeah, in respect to Mr. Jerulle's, you know, disconcern (sic) with my business practice and the personal feeling behind why he doesn't understand why this individual would want to take on the responsibility of business ownership, I think that's pretty unfair in your part. You're a business owner. As a business owner, you strive to perform more so. Mr. Lykos took on a business partner, multiple business partners. So as yourself. I don't want to have a partner in my business that I've established for so long. Mr. Vallenueva is ambitious enough to consult with me, go through the process properly in order for him to be able to achieve ownership of a business and feel good about that and have passion behind that. Page 21 March 12, 2010 And I have somewhat of a disgust that you can't understand as a business owner why Mr. Vallenueva wouldn't want to have the passion to achieve ownership of a business. It was as win/win for myself and Mr. Vallenueva. CHAIRMAN LYKOS: Mr. Joslin -- MR. WESTGATE: That's why we did this. CHAIRMAN LYKOS: Mr. Joslin, you have a comment? MR. JOSLIN: Yes. Did Mr. Vallenueva ever work for you? MR. WESTGATE: Yes, he has. MR. JOSLIN: For how long? MR. WESTGATE: Off and on for a number of years. MR. JERULLE: So if Mr. Vallenueva would like to own a business, there's nothing that we've done that would prevent him from starting and owning his own business. MR. JOSLIN: Right. MR. WESTGATE: You know, the choice is -- MR. JERULLE: There's nothing preventing him from going out and getting a painting license. MR. WESTGATE: Well, there's nothing from him -- MR. JERULLE: -- starting an LLC or an S Corporation and starting his own company. MR. WESTGATE: When conjoining with another individual that's established, there's a lot of benefit with that. MR. JERULLE: And that's what I'm saying. Make him a partner. MR. WESTGATE: I don't think that's -- you know, that's a personal choice. MR. JOSLIN: In other words, you trust him enough to put your license on the line to qualify him to be in business, but you don't trust him enough to be in your business. That's the problem I have. MR. WESTGATE: Well, it's not a matter of trust, it's a matter of Page 22 March 12, 2010 conflict. And I don't, you know, want to have a partner in my business. I grew my business, it was my business. CHAIRMAN LYKOS: Okay, Mr. Westgate, thank you for your time today. If you'd like, you can contact Mr. Ossorio, find out what your other options may be. Mr. Vallenueva can contact the licensing department, find out what other options you may have. If you decide you want to apply again under different circumstances and come back in front of the board, you certainly have that option as well. MR. WESTGATE: The circumstance isn't going to change. CHAIRMAN LYKOS: Well, the board has voted. And unless I have a motion that somebody wants to start this process all over again, I don't even know that I would even accept that motion, but you do have other options, Mr. Vallenueva has other options. MR. WESTGATE: Was it not explained? CHAIRMAN LYKOS: Well, my point is -- MR. WESTGATE: Just because somebody has a misunderstanding for themselves the answer is well, I just don't understand why you're doing this? I mean -- MR. JOSLIN: It's not understanding, Mr. Westgate. Understand, there are three board members that denied it and there are three that approved it. I'm sorry that's the way it fell, but that's the decision that the board has made. CHAIRMAN LYKOS: Mr. White, you have a comment? MR. WHITE: No, actually, I was going to make a motion to continue it to next month for further consideration. I would like the opportunity to give the gentleman a way to present his case slightly different, come back with perhaps some more explanation and rationale as to why that might satisfy the three votes against. If that's not agreeable and there isn't a second, then it fails. But I at least wanted to give him an opportunity. And although it was a very close question in my mind, and I Page 23 March 12, 2010 almost voted against this as well, I have to say that I made the decision to vote in favor of it, one, because there is a process that allows him to do this. Two, he qualifies for all aspects under that process. And in my mind, although I may not agree with the philosophy or the business practice, until such time as there's demonstrated proof that he doesn't qualify or subsequent to approval and having his license demonstrate that he's not worthy to have that license, I think we have to go along with what it is that I signed up to do which is to basically follow the rules. So in this case although I didn't like the answer to some of the questions and the way that some the questions were answered, I wanted to give the gentleman an opportunity to come back next month, both with something potentially in writing in his packet and otherwise to address the concerns of my fellow board members. But again, that's a motion I put out there for that effort, and that's all I have to share at this time, Mr. Chairman. MR. WESTGATE: Bill has -- CHAIRMAN LYKOS: Thank you. MR. WESTGATE: Bill has contacts that I don't have. And that as well is a large part of why, you know, we're doing this. He doesn't want to give up those contacts. He doesn't want to completely turn those contacts over to me. And he wants to grow a business and build contacts. CHAIRMAN LYKOS: Mr. Westgate, Mr. Vallenueva, the board heard the case, the board has voted. Mr. White sounds like he has recommended that you assemble a package with some other information in it and perhaps come back with a different plan. You're certainly open to coming back perhaps next month with another package or another request, but at this time the board has voted, and -- MR. WHITE: Well, it appears my motion has failed for lack of a second, Mr. Chairman, but -- Page 24 March 12, 2010 MR. NEALE: There was a motion made. I don't know if there was even a call for a second, so -- MR. WHITE: Do you want to call for a second, Mr. Chairman? CHAIRMAN LYKOS: I will call for a statement. Why don't you restate your motion and I'll call for a second. MR. WHITE: Motion is to continue to have the applicant return with whatever additional written materials he would like to provide for the matter to be reconsidered next month. CHAIRMAN LYKOS: I have a motion. Is there a second? MR. BOYD: I'll second it, Boyd. CHAIRMAN LYKOS: I have a motion, I have a second. Any further discussion? (No response.) CHAIRMAN LYKOS: All those in favor? MR. WHITE: Aye. MR. BOYD: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: Opposed? MR. JOSLIN: Aye. MR. JERULLE: Aye. MR. LANTZ: Aye. MR. WHITE: Mr. Chairman, I'm not -- just point of order, Mr. Chairman. I don't know if you're going to remove yourself from this vote or not, but I certainly can't see any reason why you'd have a conflict to vote whether we would continue it or not. And I'd ask Mr. Neale to -- MR. NEALE: I agree with Mr. White, I think the Chair has to vote on this one. CHAIRMAN LYKOS: Okay. MR. WHITE: So if you want to call the question. CHAIRMAN LYKOS: I will call the vote again. All those in favor of continuation till next month. Page 25 March 12, 2010 MR. MEISTER: Aye. MR. WHITE: Aye, MR. BOYD: Aye. CHAIRMAN LYKOS: Opposed? MR. JERULLE: Aye. CHAIRMAN LYKOS: Aye. MR. LANTZ: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: So -- MR. JOSLIN: Motion fails. MR. WHITE: Motion fails. CHAIRMAN LYKOS: -- the motion fails. Again, Mr. Westgate, you can come back to us next month or any time thereafter with another proposal for us to consider, another request for us to consider. Thank you for your time this morning. Cory Maile. Am I pronouncing that correctly? Sorry for that. Mr. Maile, if you'd please be sworn in. (Speaker was duly sworn.) CHAIRMAN LYKOS: Mr. Maile, you are here for review of your construction experience affidavits; is that correct? MR. MAIZE: Yes. CHAIRMAN LYKOS: Any background from staff on this? MR. OSSORIO: Yes, Mr. Chairman. Mr. Maile is not uncommon. I think you've heard testimony or similar cases in the past. Mr. Maile is a homeowner that has elected to take the business procedure test to be a pool cleaning contractor. Unfortunately he's never actually worked for a pool cleaning contractor. He has owned many homes and done his own work and so he has petitioned the board to waiver the experience, or show experience to the board. MR. MAILE: Correct. CHAIRMAN LYKOS: Okay, thank you. Mr. Maile, why don't you give us some background information Page 26 March 12, 2010 on yourself. MR. MAILE: Real estate investigator, real estate broker. I've owned three real estate investment companies and brokerage companies in Collier County. Currently I have sold all three of them and now a broker with another company. But mainly I do maintenance and manage my own properties, my own 12 or 13 properties in Collier County. I service - I'm currently serving six pools that I own, which I have been for quite a while, as well as I've been servicing the pools for the last 12 years since I came here in 1998. Prior to 1998 I was a real estate investor and broker in Minnesota, which I did the same thing, as well as -- there wasn't as many pools there; I only had two pools because of the weather. But I did service the pools while I was in management in Minnesota. Currently own Realty Net Real Estate which is the entity that houses most of my homes. And I manage that as well as do vacation rentals. I currently have six vacation rentals that I rent out on a weekly basis in Collier County, and I manage the rentals and the properties and the pools and the lawns and all that. That's my job for my properties. And I would like to expand that to properties that I don't own and service pools on properties that I do not own. So I'd like to ask the -- incorporate my 12 years of experience in managing my own properties to incorporate a business of adding a few that I don't own from friends and relatives and future business. CHAIRMAN LYKOS: Okay, thank you. Questions for Mr. Maile? MR. WHITE: None for Mr. Maile, Mr. Chairman. One for staff. What is the experience length of time that's supposed to be demonstrated? MR. OSSORIO: It's 24 months. MR. WHITE: Twenty -four months. Page 27 March 12, 2010 MR. MAILE: And I have completed two. I have completed the Collier County pool certification class, and I also have completed a Florida certification class that is put on by the Aquatic Training Institute, and I have completed that as well. Which is not mandatory for this, but it's just additional experience that I have. CHAIRMAN LYKOS: Terry? MR. JERULLE: Mr. Ossorio, do you have a recommendation? MR. OSSORIO: I thought about this -- Ian and myself thought about this at length. And I try to be consistent with our business and how we conduct and how we recommend, but in this particular case, Mr. Maile has zone shown to me that he's owned businesses, he's owned homes. We've checked. He's been in business in this community for quite a long time. And he has taken the necessary courses, the CPO courses that will go towards his experience. Not all of it, not even half of it. So my recommendation is, is that he -- six month probation, give him a license only for residential homes, no condos. That would be my recommendation. MR. JOSLIN: And pool cleaning only? MR. OSSORIO: That's what his license he's going for is pool cleaning. MR. MAILE: Yeah, I'm only trying to get a pool cleaning license and I have no intentions of doing licenses. CHAIRMAN LYKOS: We happen to have a pool guy with us. MR. JOSLIN: Yes. CHAIRMAN LYKOS: Richard. MR. JOSLIN: Unfortunately you're in luck today. The license that we're trying to give him is one of the A, B or C classes, is that what you're trying to say? So if he gets a swimming pool servicing contractor licensing, is what we're going to give him, then he's going to be able to do servicing on any residential pool plus repair. Page 28 March 12, 2010 MR. OSSORIO: No. MR. MAILE: No, just residential cleaning and pools. MR. OSSORIO: Remember we've talked about this is the -- when you read this 489, that's different from ours. Ours is pool servicing and cleaning. We're going to clean it up in our next budget -- I mean, our next workshop. However, he's going to for pool cleaning only -- MR. MAILE: No service. MR. OSSORIO: -- and all he can do is servicing -- MR. JOSLIN: We're just going to restrict the license to just pool cleaning only? MR. MAILE: Correct. MR. JOSLIN: Is that the -- MR. WHITE: And the residential -- MR. NEALE: The new license will be just pool cleaning. MR. MAILE: No service, no -- MR. NEALE: But this one will be a restricted -- THE COURT REPORTER: Excuse me, there's two people talking. CHAIRMAN LYKOS: One person at a time. MR. NEALE: This one would be a restricted license, based on staff recommendation. But when the new ordinance is aborne, it will have the cleanup between the -- of the discrepancy between the state and the county license and it will have a straight pool cleaning license. MR. JOSLIN: Okay, that's what I -- MR. OSSORIO: For pool cleaning -- to clean pools in Collier County requires a business procedure test. There's no trades test. MR. JOSLIN: Correct. MR. OSSORIO: This is why the county staff and myself and Ian and Robert Zachary look at his experience. We look for experience, and it's 24 months. However, in light of his business, he's been in the community, he's also had many properties in town, I'd recommend that Page 29 March 12, 2010 since he's taken the necessary certificate courses and I recommend he go on six -month probation with a restricted to residential homes, no commercial. That's my recommendation. CHAIRMAN LYKOS: Mr. White? MR. WHITE: Just a question. Mr. Ossorio, what are we going to do six months from now if we grant him a six -month probationary? What are we going to be looking for six months from now? MR. OSSORIO: Six months, I believe he'll petition the board again, he will tell his story of what kind of business he's doing, how's he doing, how many accounts he has and if there's been any complaints. And my assumption would be if he meets those criterias then he'll be off probation and be just a swimming pool cleaning contractor, restricted to residential pools. MR. WHITE: And there isn't the potential six months from now to make that a full license without the limitation to residential only? MR. OSSORIO: That's up to the board. MR. WHITE: I understand. But just trying to understand where you're going with it. MR. JOSLIN: What is the ATI training, Aquatic Training Institute? Where is that out of? MR. MAILE: It's just a nationwide institution to -- Collier County has their own health department test. This is more of a Florida test. So the State of Florida would -- if the Collier County didn't have their own test, the State of Florida would require this test. But Collier County has their own test as well, so I took both. MR. JOSLIN: Okay. You do understand that the Collier County Health Department is governed by the State of Florida. MR. MAILE: Well, yeah, but this -- MR. JOSLIN: It's Collier -- MR. MAILE: -- it's a national thing. But it meets all the Page 30 March 12, 2010 requirements of the State of Florida as well. CHAIRMAN LYKOS: Kyle? MR. LANTZ: I have -- first I have a comment. I like the way you did your packet. I just want to -- we get a lot of them that are junk. You did a really nice job spelling everything out. I appreciate that. I appreciate the fact that you took all the classes and it seems like you're ready to go. You've never worked for a pool contractor. In my opinion, that's irrelevant. I personally feel you have the experience. My question is, Michael is suggesting restricting you to residential only, no condos. Are you happy? Do you care about that? MR. MAIZE: I do not care. I have no intentions of doing condos. MR. LANTZ: Okay. MR. JOSLIN: I'll make a motion. CHAIRMAN LYKOS: Give me one second. Any other questions or comments? (No response.) CHAIRMAN LYKOS: Okay. MR. JOSLIN: I make a motion that we approve the license for the pool cleaning and restrict it to residential pools only, and a probationary period of six months, where he'll come back before the board and bring us some kind of an update on how he's doing and the business, how it is doing. MR. LANTZ: Second, Lantz. CHAIRMAN LYKOS: I have a second from Mr. Lantz. Any further discussion? (No response.) CHAIRMAN LYKOS: MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. All those in favor? Page 31 March 12, 2010 MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: Opposed? (No response.) CHAIRMAN LYKOS: Thank you. Congratulations, sir. Eric Baker, waiver of examination. Mr. Baker, please be sworn in. (Speaker was duly sworn). MR. BAKER: Good morning. CHAIRMAN LYKOS: Good morning, sir. How are you today? MR. BAKER: Fine. CHAIRMAN LYKOS: Good. Staff, quick background on this? MR. OSSORIO: Mr. Baker has been a long -time member of the community. He's been a cabinet installer for many years. And unfortunately that he forgot to renew his certificate. And when you don't renew your certificate in a certain amount of time, testing is required. Unfortunately he's here to get -- ask for a waiver of test. Which we have heard before from other applicants. CHAIRMAN LYKOS: Yes, thank you. Mr. Baker? MR. BAKER: Well, there appears to be some circumstances involved in this that are a little different. It appears that when the occupational license renewals and the cabinet installer renewals were mailed, they were mailed together up to, what, 2008, I think. Then when I went to the Horseshoe Drive, I was told that those had been separated, that the occupational license was sent out separately from the contractor licensing renewal. And for some reason our name was left off the list. So we didn't get the renewal for the cabinet install license. So it wasn't that we invertently (sic) -- you Page 32 March 12, 2010 know, didn't renew it, we didn't get a notice that it was time to renew it, because it didn't come in the same package as the occupational license. MR. OSSORIO: Mr. Chairman, I can tell you -- Mr. Baker, I'm sure you are being honest with me and the licensing board, but we have never commingled licensing business tax receipts and our certificates with them. We used to send them out very similar, within a month. We have not changed how we send our certificates out in years. It's always been in September. The business tax license several years ago moved it farther up into the months. June. So you'll get your business tax receipt first and then you'll get your certificate in September. But no way, shape or form, Mr. Baker's unfortunately misspoke, that we've never commingled our certificates with the business -- I wish we would, it would save money. But that is a business tax that is a tax collector, and we are -- we work for -- we do certificates. We used to be very similar in sending out renewals, so that's the difference. So maybe he's just getting confused. CHAIRMAN LYKOS: Okay. Thank you for the clarification. MR. BAKER: I may have my information incorrect, with the fact that they -- I thought they came together, okay, so maybe they came at the same time. (Microphone came out of holder.) MR. BAKER: Can I fix that for us? CHAIRMAN LYKOS: Please do. MR. OSSORIO: Yeah, Mr. Baker's been licensed for many, many years. As a matter of fact, he's been licensed so long that I don't think he ever even took the business procedure test. I believe he was grandfathered in. MR. BAKER: have to help me. I don't know how this works, gentlemen, you'll Page 33 March 12, 2010 CHAIRMAN LYKOS: Thank you, Ian. MR. BAKER: Oh, there it is. Any questions for staff or for Mr. Baker? (No response.) MR. BAKER: May I make some more comments? We did try to put all the information together, as was requested. We brought all of the financial information. There appeared to be an issue with our credit report. We did have a lien that was filed by the Department of Revenue for unpaid sales tax. We had an agreement with the sales tax people to pay that sales tax on a monthly installment. We took the information to Horseshoe Drive, told them that that was in process and that we were not able to satisfy the requirements until we had a release of lien from the State of Florida. We didn't get the release of lien until January of'10. And when we took it there, then we were told that the -- you know, the time frame had expired. And that's why I'm here now, to ask about the waiver of the test. CHAIRMAN LYKOS: Terry? MR. JERULLE: You've been in business a long time and I have no doubt about your qualifications, but I'm just curious, why not just go take the test as opposed to coming here? It's -- MR. BAKER: Because I've never taken a test before and the word test is -- yeah, that's what I say, test? MR. JOSLIN: This tax lien you're saying is paid off now? MR. BAKER: Yeah. MR. JOSLIN: It's all done and taken care of MR. BAKER: Yes. MR. OSSORIO: Mr. Chairman, just to clarify Mr. Baker's statement, he's actually correct, if he didn't have the tax lien and he proceeded before January 1 st, then he would fall under the category of not retesting. Since he fell after January 1 st, he fell in a different Page 34 March 12, 2010 category on the renewal period and the test required. So you can see by the application year ending 2009, this is an old application. He came in to reapply and unfortunately he fell in between the January 1 st and December. He finally got the certificate what (sic) he needed to and then he fell into the retesting. MR. JERULLE: So Mr. Ossorio, he has to come in front the board, that's not a decision that you can make? MR. OSSORIO: Yeah. After December -- after January 1st, the renewal period, he doesn't have to go in front of the board, but it says that if you haven't taken the test within three years of your null and void license, then you have to retest. Unfortunately Mr. Baker, I don't think he ever took the exam; am I correct? MR. BAKER: No, I -- MR. OSSORIO: He's been unlicensed forever. MR. BAKER: -- was one of the fortunate people that were here when -- MR. JERULLE: Do you have a recommendation? MR. OSSORIO: He paid his tax lien. And if he paid it before January 1 st, he wouldn't have to retest. So he did everything I asked him to do. I recommend that we waive the test. MR. JOSLIN: Okay, I have one -- CHAIRMAN LYKOS: Excuse me one second. MR. JOSLIN: Oh, I'm sorry. CHAIRMAN LYKOS: Kyle? MR. LANTZ: I'm just curious, had he paid his tax lien December 29th, he'd be here and -- MR. OSSORIO: He would not be here. MR. LANTZ: He'd have a license, he'd be all set. MR. OSSORIO: He'd be fine. MR. LANTZ: So, I mean, basically it was your choice to wait until January to finish paying it, as opposed to paying it a week or two earlier. Page 35 March 12, 2010 MR. BAKER: Well, actually it was, you know, us getting it in the mail from the State of Florida. I mean, the tax lien was actually paid prior to the end of the year, but of course it has to go through all of the motions at the state. Then they will then issue a release of lien. MR. JOSLIN: If I'm not missing something, but isn't it law, state law -- Mr. Neale could tell us this -- that any contractor that does contracting business doesn't pay taxes, he pays taxes when he buys the material? MR. BAKER: Well, if you're tax exempt as we are, okay, we buy materials tax exempt, we charge the customer sales tax and then we pay the state sales tax. MR. JOSLIN: Okay. I understand now. MR. BOYD: And this was probably a result of an audit, the lien? MR. BAKER: It was an audit and -- MR. BOYD: Yeah. I've been audited twice. And each time I can guarantee you, you're going to pay something. There's no question about it. MR. NEALE: I can say for my client that every client who's ever been audited by the state for sales tax ends up writing a check. MR. BOYD: Yeah. And both times I've been audited, neither one of the auditors had the same answers to any questions. CHAIRMAN LYKOS: Any other questions of staff or Mr. Baker? (No response.) CHAIRMAN LYKOS: Okay, then I need a motion. MR. WHITE: Motion to approve. MR. BOYD: Second, Boyd. CHAIRMAN LYKOS: Any further discussion? (No response.) CHAIRMAN LYKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. Page 36 MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: (No response.) CHAIRMAN LYKOS: Thank you, sir. Aye. Opposed? Motion carries. March 12, 2010 MR. BAKER: Thank you, gentlemen. MR. JOSLIN: No test. CHAIRMAN LYKOS: Is Leonard Allen here? Please come up, sir, be sworn in. (Speaker was duly sworn.) CHAIRMAN LYKOS: Mr. Leonard (sic), you're here to contest a citation? MR. ALLEN: Yes, sir. CHAIRMAN LYKOS: Okay. Will you please explain why you're here. MR. ALLEN: The reason why I'm here is first off I asked for the hearing to explain the business cards that was mailed into your -- to the builder's office, which was falsifying that I'm a contractor, I suppose is what I -- how I was told. And two, I didn't -- I don't have the money to pay the ticket. It's just -- I've currently moved up north Florida to Tallahassee where I was from originally before I moved south here in Collier County. Let me explain a little bit about my company, and then I'll -- if you don't mind, then I'll tell you about the business card. CHAIRMAN LYKOS: Please go ahead. MR. ALLEN: Ace Carpentry is a limited liability company, organized under the laws of the State of Florida. And it was filed in October 27th, 2006. All the fees have been paid. Page 37 March 12, 2010 I've moved back to Tallahassee due to -- I just don't know any contractors, I don't know anybody here, and it's so seasonal. It seemed like every time I would establish a job with a company, this off season would come and here I am out of work again. Well, I'm married and I have three children, and right now we're living on -- excuse me, I'm a little nervous; I'm not usually talking in front of an audience, or you gentlemen. CHAIRMAN LYKOS: That's okay, take your time. MR. ALLEN: Okay. And we have three children, which living off only my wife's income, which isn't very much. Let's see. The business card was basically a sample card. I give it to some family members, a few friends. Me and my wife had split up there for a little while, we had some problems. And an ex- girlfriend of mine had gotten the card. Along with a couple of contractors that I have met since I've been living in Marco Island. I don't know which one of those cards made it into you guys, but I'm assuming -- I'm really leaning towards the ex- girlfriend, because she's trying to get to me in a lot of different ways. I'm just saying that because that's the way I feel anyway. You know, I know I put -- listed a few jobs or duties, occupations on there. And basically the card was printed off my computer in order to get the opinion of different people of what the card looked like and whatnot. And then the contractors that -- the couple contractors that I did let see the card and give the card to told me that no, this was -- you know, I needed to obtain other licenses and -- to have this on my business card. So -- and now I've went to Leon County. I went to make sure my business license was up to date. And now they don't require a business license, they've done away with the county business license for carpentry. All you now have to have is a limited liability exemption and then be covered, bonded by insurance to work carpentry like home repair and whatnot. So they don't require a Page 38 March 12, 2010 business license. I didn't know if you guys new that. Tallahassee doesn't require a county business license for carpentry anymore. And I'm sure you -- I found out that you do. But I really wasn't working under my license here anyway. And it had actually fell behind, but I got it up to date. Because I'm hoping to get in touch with some of the contractors I had worked for previously in Tallahassee. I guess I'm asking for this fine to be waived due to the fact that I don't have any money to pay it. And I would have been late had I not asked for this hearing after the 10 days of being given the ticket. I'm aware that several of the occupations that were on the card were requiring an additional licensing, but -- and when I put it on there, I was not planning on doing plumbing and electric. I merely meant to pass it on to a company who did. Because I don't care -- my insurance company wouldn't care for me to go in and wire somebody's house or change receptacles and whatnot anyway, or to do their plumbing. And God knows, I don't want to go into a condo or someone's home and cause a leak. I see it every day with -- or had seen it a lot of times with working with ServPro and some of the other water restoration companies in this area, how easily you can flood out a building by leaving a toilet unhooked or whatnot. I've seen millions of dollars that insurance companies would have to pay or I guess would be -- the company would be liable, whoever caused the problem. But it was basically a sample card and it only made it to a few people. I didn't go handing it out door -to -door or take it to condos and passing out the card. It was someone trying to get revenge on me, and it was a sample card. And I am aware that things that I listed on there are requiring a different licensing. But you got one of them and I'm here and I've been fined $300 that I really don't have. I don't have the money to pay it. CHAIRMAN LYKOS: Thank you, Mr. Allen. Thank you for Page 39 March 12, 2010 your comments. Mr. Jackson? MR. JACKSON: On February 1 st our office received the business card through the mail. The envelope didn't have a return address. I believe it just contained the business card. The morning of February 3rd, I spoke with Mr. Allen by telephone, explained that I had received the card and that it's an issue. And during that conversation on the phone, Mr. Allen did mention to me that he had placed the cards at a paint store and at the farmer's market. Arranged a meeting with Mr. Allen later that morning at his home and explained the violation, explained what he can do with his Leon County business tax receipt, and issued the citation there on -site. CHAIRMAN LYKOS: Okay, thank you. Mr. Allen, is it true that you distributed the cards at the farmer's market and at a paint store? MR. ALLEN: Well, at the paint store I knew the person there. And I didn't really distribute them. That was another opinion I got, along with Cindy from Frow's (phonetic) Plumbing is someone I've met since I've been here. And basically it was not to distribute. And as far as the farmer's market, there was a friend of mine there who sells stone crabs there. And I did leave him some cards. But I haven't -- and I told Mr. Ian -- Mr. Jackson, that if needed right then and there, I would change my phone number, I didn't plan on doing any work in Collier County, and that these cards I do know need -- now I do know they require different licensing, and Collier County licensing. But Leon County doesn't require a business license, they require an LLC exemption and to be bonded by insurance. CHAIRMAN LYKOS: Okay, I understand, thank you. Any questions or comments from the board? MR. BOYD: Have you done any work in Collier County? MR. ALLEN: I have as far as with contractors on the books. March 12, 2010 CHAIRMAN LYKOS: What do you mean by that? Do you mean as a subcontractor or as an employee? MR. ALLEN: As an employee. CHAIRMAN LYKOS: What companies have you worked for as an employee? MR. ALLEN: Sunup Construction is the only contracting company I've worked for. CHAIRMAN LYKOS: What work are you doing now? MR. ALLEN: None. I'm in -- relocated in Tallahassee. CHAIRMAN LYKOS: Okay. Any other questions or comments? (No response.) CHAIRMAN LYKOS: Mr. Neale, can you read us from the ordinance how -- what our options are in addressing this situation? MR. NEALE: Certainly. As soon as I get down to it here. Okay, once the citation is issued, they shall hear -- each one's a separate offense, but the board basically has the option to -- either to find the citation valid or invalid. But if the person that's issued the citation or his or her designated representative shows that it's invalid or that the violation's been corrected prior to appearing before the licensing board or designated special magistrate, the enforcement or licensing board may dismiss the citation, unless the violation is irreparable or irreversible. But that's a may, that's not a shall. CHAIRMAN LYKOS: I understand, thank you. Any other questions or comments? MR. ALLEN: I do want to say one other thing. I apologize. I worked as an employee and I did get some checks that didn't -- that he didn't withhold some taxes from Sunup's. But again, I worked under -- I did have liability insurance, I'm exempt and have been, and I have this LLC. And Leon County didn't and still doesn't require occupational business license for carpentry anymore. They did, and I Page 41 March 12, 2010 had one up until they no longer require -- CHAIRMAN LYKOS: With all due respect, Mr. Allen, our concern is not what Leon County does or doesn't require. We're concerned with what happens in Collier County and our responsibility to the citizens of Collier County. MR. ALLEN: I should have checked into Collier County's licensing prior to doing any work here, I know that. CHAIRMAN LYKOS: Okay, thank you. MR. ALLEN: But I just took what I knew from Leon County. And I really haven't worked here much at all. CHAIRMAN LYKOS: Michael, does Mr. Allen have any kind of an active license in Collier County now? MR. OSSORIO: None that I know of MR. JOSLIN: I think it's -- MR. NEALE: Just one other point that I'd like to bring up in the statute is it says, if the enforcement or licensing board or designated special magistrate finds that a violation exists, then the enforcement or licensing board may order the violator to pay a civil penalty of not less than the amount set forth in the citation but not more than $1,000 per violation. CHAIRMAN LYKOS: Okay, thank you. Richard? MR. JOSLIN: I think it's pretty much clear evidence, because he's admitted that he did this. I'm not real happy about the fact that he has listed so many items on this card and how it got out. I'm telling -- I'm hearing him say that someone did it to him or sent the card out to somewhere because of the revenge or what it may be. But I think under the circumstances we're voting here or we're going to vote on whether he's guilty or not, and that's really the only thing that we can attest to. So in my opinion, I'm ready to make a motion to find that he is in violation. How he pays it is immaterial. I mean, I can't -- we can't Page 42 March 12, 2010 come up with a method of payment, I don't think. CHAIRMAN LYKOS: Are you going to make a motion? MR. JOSLIN: I'll make a motion that we uphold the citation that was issued to Leonard Allen, number 5293. MR. LANTZ: Second, Lantz. CHAIRMAN LYKOS: I have a motion, I have a second. Any further discussion? (No response.) CHAIRMAN LYKOS: All those in favor, say aye. MR. BOYD: Ave. MR. LANTZ: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: (No response.) CHAIRMAN LYKOS: upheld. Aye. Opposed? Okay, the motion carries, the citation is MR. ALLEN: Can I -- how long do I have to pay it? I really don't have money to pay right now. Can I work out -- do you know if I can go down and work out a payment plan? CHAIRMAN LYKOS: I understand. You'll have to have that conversation with Mr. Ossorio; is that correct? MR. OSSORIO: That's correct. Mr. Allen, just stop by my office Monday morning or sometime today in the afternoon and we'll go over your plans. MR. ALLEN: Where would I -- MR. OSSORIO: At Horseshoe Drive. At 2800 North Horseshoe Drive. Just stop in and ask for Mike Ossorio. Okay? MR. ALLEN: Thanks. Thank for your gentlemen's time. Page 43 March 12, 2010 MR. JOSLIN: You're welcome. Is Mr. Robert James Wayne, Jr. here? MR. OSSORIO: Mr. Chairman, while the gentleman is coming up, I'm going to try to -- this is not uncommon, we've had several of these before. Blue Line Corporations, he's an electrical contractor, registered. He forgot to renew his certificate, but his state registration is current. He kept all his continuing education classes; am I correct? MR. WAYNE: Yes, sir. MR. OSSORIO: My recommendation, that we approve his certificate. (Speaker was duly sworn.) CHAIRMAN LYKOS: Okay, Mr. Wayne, we've heard from Mr. Ossorio. Comments? MR. WAYNE: I've got -- obviously you see the little jot down letter, the real quick letter that I wrote. Yes, I am delinquent. Yes, it has gone delinquent, obviously over a year. At the point of the economy obviously taking a downturn, I got an office job as -- in the same field as an electrical estimator. At that point there really was no need for my license at the time. Not that I wanted to go delinquent, but that was a couple -- some personal issues. Just it fell by the wayside. I'm looking to get back into the electrical business, obviously on a smaller scale. I am -- as you can see through the paperwork that I am applying for an exemption of workmen's comp. So I'm just asking for reinstatement of the license without retaking the test. MR. OSSORIO: Mr. Chairman, if you look on the back page, I think it's the very last one, it says registered electrical contractor, VR13012603. It's current and active. And the only way he's going to be current and active, if he actually continues his continuing education; am I correct? MR. WAYNE: Yeah. I have -- sorry, but I've, what do you call Page 44 March 12, 2010 it, taken care of all of the state requirements. When I talked to Mr. Ossorio before, I was basically going to take care of the state first, make sure you take care of all the fees, delinquent fees and fines and whatnot. I did that. Kept up on my continuing education, got the required liability, as well as the Workmen's Comp. It's in obviously a holding pattern until you gentlemen vote on it. MR. JERULLE: So this is -- excuse me, this is a registered, not a certified license, Michael? MR. OSSORIO: That's correct. MR. JERULLE: For electrical. MR. JOSLIN: That means just county -wise, correct, Collier County? MR. OSSORIO: That's the county license, registered with the state, that's correct. CHAIRMAN LYKOS: And the state license is active and current? MR. OSSORIO: Yes. The last page showing that his state is current. CHAIRMAN LYKOS: How long has the county license been expired? MR. OSSORIO: Over 13 months. This is why he's -- he fell in the category of the renewing process. It became null -- his certificate became null and void. We've had cases similar to this in front of you. This is not uncommon. And the board's always elected to approve his certificate on the notion that he's kept his current registration current and his continuing education current with Tallahassee. MR. JOSLIN: You have -- a registered contractor's continuing ed. would had to been done for last year, the 14 hours, correct? Not this year. This is a state certified year. CHAIRMAN LYKOS: Right, it would be done in '09. Page 45 March 12, 2010 MR. JOSLIN: So it would have been done in '09. And you -- MR. WAYNE: Yes. MR. JOSLIN: -- brought that up to code, right, you've done things that -- okay. MR. WAYNE: Also, I -- couple of the -- obviously the months, it's been 13 months, but it's been bumped. I kind of missed the cut -off period, as we discussed earlier. So obviously this isn't the first board meeting as well that I've got bumped so it appears longer than it actually is. But I'm kind of past the -- I guess the proverbial crack, so to speak, in the cut -off period, so -- MR. OSSORIO: Yeah, Mr. Wayne tried to get on the last agenda, but unfortunately the board has elected not to really add anyone to the agenda once the agenda is set. And also the agenda last month was large, so he just missed the cut -off. CHAIRMAN LYKOS: Any other questions or comments of Mr. Wayne or staff? (No response.) CHAIRMAN LYKOS: Okay, then I need a motion. MR. JOSLIN: Make a motion that we approved. MR. LANTZ: Second. MR. JERULLE: Second, Jerulle. CHAIRMAN LYKOS: I have a motion, I have a second. Any other discussion? (No response.) CHAIRMAN LYKOS MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. All those in favor? MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. Page 46 March 12, 2010 CHAIRMAN LYKOS: Opposed? (No response.) MR. WAYNE: Thank you. CHAIRMAN LYKOS: Thank you. Break? Okay. It's 10:21, we'll come back at 10:30. (Recess.) CHAIRMAN LYKOS: All right, I'm going to call the meeting to order of the Contractors Licensing Board. Next up is Mr. Todd Grup, review of building contractor license per the order of the board. Mr. Grup, would you please be sworn in. MR. GRUP: Yes, sir. (Speaker was duly sworn). MR. OSSORIO: Mr. Chairman, before Todd starts into his presentation, it's probably best if you actually look -- of course if you can find it. It's the Certificate of Detail report. You'll probably get more out of it than the application itself. It's called the Comment Listing Report. It's just before the orders of the board. Case No. 2009 -03. Looks similar to this. CHAIRMAN LYKOS: Yeah. And you can see Mr. Grup has been in front of this board many times. 2006/04. He was also here 5/29/2008, he had a citation. And then he was in front of the board in January. And you can see on the bottom he was supposed to pay, it was a $10,000 fine, $500 for investigation costs, and he was supposed to pay $1,750 per month. And if he wishes to obtain another license, he would have to go ahead and petition the licensing board. Mr. Grup has paid a lot of his fines. Unfortunately his old license, his carpentry license, is null and void now. But as of 2/24/2010, he did pay $4,500 for the CLB fines and the balance is 4,440. He got a citation back in 5/29/2008. His application's in front of you. Page 47 March 12, 2010 CHAIRMAN LYKOS: Okay, Mr. Grup, explain to us why you're here and what's going on. MR. GRUP: Yes, I was just here to try to obtain a building contractor's license. As Michael Ossorio had said, over the years I've had a couple citations working out of my scope, my license. You know, the license that I had wasn't really a big enough license for qualifications that I was able to do in the projects that I was running to. I now have completed the building contractor exam and the requirements to become a building contractor so that I can work in Collier County and, you know, make a living doing what I know how to do best. So that's really why I'm here. The last time I was here there was some fines imposed, and I talked with Mr. Ossorio to possibly try to get them reduced. I paid more than half of the fines. I'm just asking if possible if I could go back to work and earn some money so that I could pay the rest of the fines. That's really why I'm here. CHAIRMAN LYKOS: When you were here in January, Mr. Grup, what was it that you were found guilty of? MR. GRUP: Working out of the scope of my license is what I was guilty of MR. JOSLIN: I remember I signed this order and I can't recall exactly what the reason for the large amount of the fine was for. Was there homeowners that were damaged in the process of this also? MR. GRUP: No, sir. MR. JACKSON: No homeowners were damaged. If I'm not mistaken, the amount of that fine was based upon the fact that Mr. Grup had been in front of the board for the same violation previous to that, served a probationary period. So essentially this was the second time he was in front of the board for the same violation. March 12, 2010 MR. OSSORIO: That's correct. If you actually look through that comment list, you'll see in 2006, Case No. 2006 -04 he violated 4.1.2. And you'll see in the bottom of the page guilty, 4.1.2, revoke license, pay $10,000 fine within six months. So his license was revoked. And to Mr. Grup's credit, he has been in communication with me on a monthly basis. He's been in the office, he's been candid with he me. He's paid as much as I guess he can. I've talked to his father, his father's been communicating with me as well. And his father wishes to help out with his bills and get him back on track so that he can become a building contractor. To his credit, we haven't had any complaints when he was licensed on his workmanship, only that he worked outside of the scope of his license. MR. JOSLIN: Was what the actual license? MR. GRUP: Carpenter, sir. MR. JOSLIN: You were operating with a carpentry license is what you had that was revoked? MR. GRUP: Yes, sir. MR. JOSLIN: And you were probably doing things that required a building contractor's license, is that the case? MR. GRUP: Yes, sir. MR. JOSLIN: That's what I thought. MR. OSSORIO: Just to clarify real quick, he has a cabinet license, which is a business procedure test, not a carpentry license. It was -- MR. GRUP: Cabinet millwork. MR. OSSORIO: --cabinet millwork. So he's taken the business procedure test. He hasn't taken the trades test for carpentry. I think in 2006 it was my case, it was over in Neapolitan Way, and he was in contract to do a tile roof, and he was found in violation, of course. But he's been coming to the office, Todd. He's persistent. He's Page 49 March 12, 2010 been coming in the office and, you know, staying in communication with our office. He knows he's in violation, he knows his license was revoked. He knows that he has -- he didn't come up with the 1,750 per month. I think it was Joslin's recommendation that he come up with a payment plan. And he has tried, and his family's tried to help him out. So he's here today to talk about to two issues: One, that he wants to give authority to me issuing him a building license so he can register with the state. And two, somewhat either to have a reduction of fine or alleviate and let him have more time to pay it off. Those are the two issues. CHAIRMAN LYKOS: Terry? MR. JERULLE: And that was my question, why is he here, for either one of those or for both of those? And I think you just answered it, Michael, he's here for both. So I'm a little confused now on whether you're asking for us to reduce the fine or give you a license so you can pay off the fine. MR. GRUP: I'd like to obtain my building contractor license so I can go back to work and pay the fine. And if possible, I'd like to possibly get them reduced, if I could, the fines. If I can't get them reduced, then possibly put it over a payment plan so that I can pay it off over maybe this next upcoming year or six months or whatever the board approves. MR. JERULLE: So the license that you're looking for is what again, can you explain? MR. OSSORIO: It's a registered building contractor. Now, there's two categories: There's, you know CBC, Certified Building Contractor, and then obviously there's a registered building contractor. And he's asking for a building license to be registered, locally licensed with our office, registered with Tallahassee. He's taken the exam. Am I correct? MR. GRUP: Yes, sir. MR. JERULLE: And the license you had prior was the cabinet? Page 50 March 12, 2010 MR. GRUP: Yes, sir, cabinet millwork license, that's correct. CHAIRMAN LYKOS: So you want to break this down into two parts and go at them one at a time? MR. LANTZ: Sure. MR. NEALE: I think that's probably a good -- CHAIRMAN LYKOS: What's the pleasure of the board to deal with first? MR. LANTZ: The license. CHAIRMAN LYKOS: The license? I guess you got to deal with that if you're going to deal with how he's going to pay back the rest of the money. Okay, we'll deal with the license. MR. NEALE: You can do it either way. CHAIRMAN LYKOS: First -- I was not here in January, so if you don't mind I'm going to ask some questions to get some background on what's transpired in your history, okay? MR. GRUP: Okay. CHAIRMAN LYKOS: In 2006 you were cited for working outside of the scope of your license. And that was a project where you did a roof, is that correct? MR. GRUP: That was a -- it was a repair. We were replacing some broken tiles. And we were cited for repairing the broken tiles. CHAIRMAN LYKOS: Did you have somebody working with you? MR. GRUP: Yes. CHAIRMAN LYKOS: Was that an employee? MR. GRUP: Yes. They were workers' comp. They were on my workers' comp and payroll. CHAIRMAN LYKOS: So you had -- they were on your payroll and they had workers' comp coverage. MR. GRUP: That's correct. CHAIRMAN LYKOS: Okay, good. Page 51 March 12, 2010 And then in 2008 -- MR. GRUP: Yes, sir. CHAIRMAN LYKOS: -- you were cited again for working outside the scope of your license. What were the circumstances surrounding that? MR. GRUP: 2008? I'm not sure what the 2008 one was. I believe that's the one -- maybe Mike could shed some light on that one. I'm not sure. MR. OSSORIO: That was done in 2008 by one of my officers, Allen Kennette, and he was acting as a carpentry contractor. Allen -- MR. GRUP: That's the most recent one, right? MR. OSSORIO: In 2008. Unfortunately Mr. Todd Grup has probably escaped -- if Allen knew what he knew back in 2006, there wouldn't have been a citation, there would have been another referral back to the board. Now this is why the board in 2009 -- we knew about the 2008, we knew about 2006. This is why the board fined the maximum of $10,000 and revoked his license, which is uncharacteristic of this licensing board. I don't think we've ever -- we've probably done it before, but it's unusual we reinvoked (sic) the $10,000 and revoked his license and asked him to pay over time the 1,750. So Todd knows what he did in 2006 wasn't proper. And 2008 he knew in 2009 wasn't proper as well. So -- CHAIRMAN LYKOS: And Mr. Grup, what was it that you were guilty of doing in 2009? MR. GRUP: We were installing roof trusses on a builder, a -- the home builder permit. So the homeowner had pulled a permit for an addition on his house, and we were setting roof trusses. MR. OSSORIO: Yeah, the homeowner pulled an owner /builder permit and hired Mr. Grup to go ahead and do the installing of the trusses, which would be a carpenter contractor, not a cabinet install. CHAIRMAN LYKOS: And did you have employees with you at Page 52 March 12, 2010 the time? MR. GRUP: Yes. CHAIRMAN LYKOS: Were they on your payroll, covered by worker's compensation? MR. GRUP: Yes, sir. CHAIRMAN LYKOS: What else were you hired to do on that job? MR. GRUP: That's what all that we had done. I was merely just helping out a friend, quite honestly, just to get on the roof for him. They had it up to the block stage and we were just going to close it in for him, and that's all that we were going to do. Get it on there in the drive. MR. OSSORIO: I believe he was a -- I mean, this might not have any bearing on it, but I believe he was a retired something, colonel or -- MR. GRUP: Yes, he was. He was -- the gentleman was a retired colonel. I was -- based on that, I mean, I was prior military myself, so I was just trying to help out a buddy, get this thing on the roof. And at the time I thought I was doing the right thing because I was co- working with Jack McNair, who has a state license, state CBC license. But our paperwork wasn't in order. It was my workers' comp and it was my liability insurance, and -- so technically they were my employees that were working on the job, so working under Jack McNair's license. I wasn't a qualified entity, so that's where the problem resulted in not being able to do the work. We didn't have all our paperwork together correctly. So I then decided to take the exam. You guys had said well, if you take the exam and meet the requirements for the county and pay the fine, you could come back and get a license that you're qualified -- for the work that you're qualified to do, and that's what I've done. I'd like to go back to work. MR. OSSORIO: Yeah, in 2006 the board pretty well made an Page 53 March 12, 2010 order that if Mr. Todd Grup was ever going to get another license, they want to look at his application. So I'm only applying what the 2006 order reads. And then obviously we have to deal with these penalties, you know. MR. NEALE: Yeah, the 2006 order was Case 2006 -04. He was put on a two -year probation and a $1,000 fine, and then it was specific that the board said that if he was to apply for a new license he would have to come to the board, no matter what license it was. MR. JOSLIN: There's still a lot of issues in your credit report I'm looking at. Who do you work for now? MR. GRUP: I'm not working. MR. JOSLIN: You're not working? MR. GRUP: No. MR. JOSLIN: How are you able to come up with this money to pay these off -- to pay fines that you've already been given (sic)? MR. GRUP: I was in a car accident and had a couple surgeries, and I got a lawsuit and a settlement. And I used that money to pay the board the 4,500. That was paid in January, I believe. That's how I come up with most of the money. But there were a few payments made prior to that. I think I made around $7,000 in payments, I believe, maybe more. MR. LANTZ: I'm just curious as to what staffs recommendation is. MR. OSSORIO: Staffs philosophy is to interpret and enforce the Florida Building Code and also the ordinance as written. But I'm also a firm believer that Mr. Todd Grup has actually been in my office for almost a year now, and he's been persistent, and I believe that it's up to the licensing board. His credit is -- you know, is not good. But it probably relates to his medical issue. You know, he took some of his medical payments and paid the penalties off for the fines. I have no opinion other than Page 54 March 12, 2010 he's here on his behalf. MR. JOSLIN: I somewhat feel I guess in some ways, just after your comment, Mr. Ossorio, that, you know, he has shown good faith. This was a pretty severe fine, it was a severe penalty. And I know the issue was pretty drastic when we did it. But there was a reason why we did it. I'm just not real comfortable with the fact of now giving you a builder's contracting license. Although in some ways I'm saying to myself maybe a probationary license of some sort to give you a chance to try to pay some of this off. Reducing the fines, I don't know if I'd comfortable with that. I'm a little confused right now, to tell you the truth. MR. JERULLE: Yeah, this is a tough one. And I appreciate your comments, Mr. Ossorio, and I appreciate, Mr. Grup, that you're here and that you've been trying. But I thought I heard someone say that it was contingent him coming back, passing the test and paying the fines off before we would give him another license; is that true? MR. NEALE: Really was more just that the board wanted the opportunity to review whatever had happened in the past. It did not -- wasn't specific that he had to pay off the fines. MR. JERULLE: It wasn't -- MR. NEALE: Because the license in the 2009 matter was a straight revocation. Which once someone's had their license revoked they have to come before this board for review. MR. JERULLE: And the fact that he's taken the test and he's persistent, he's coming back, I appreciate that. And if he wants to be a contractor, I'm not sure I would have a problem with it. But I would like to see the fine paid off prior to us giving him his license, as opposed to us giving someone a license that is a repeat offender and still hasn't paid off the fine, I guess is what I'm kind of struggling with in my mind. Page 55 March 12, 2010 CHAIRMAN LYKOS: I agree with you, Terry, I don't know that it's our responsibility to give him a license so he can pay his fine. Our goal is not to get the fine paid. So I don't think using the payment of the fines should be the impetus behind giving him a license. We're not here to collect money. So I think I'm kind of agreeing with you that I would rather see the fines paid off and then we're either agreeing to issue a license or not based on the merits of his abilities and his efforts to that point. And it has nothing to do with whether or not the fines are paid. I'd rather see that gone and then deal with the license issue strictly on the merits of whether or not he should have a license. And then I think when you look at his efforts you feel good about giving somebody a license under those circumstances. MR. JOSLIN: How does the board members feel about a reduction of the fine? I mean, as far as the balance that's left. MR. JERULLE: Is that -- you know, I've only been on the board a couple of years. Is there a precedence that the board has -- I mean, I don't want to be giving out fines and then allowing them to come back and reducing the fines. Is there a precedence? MR. NEALE: The board could probably reopen the prior case, reduce the fine -- you know, find the -- make a finding that the fines were reduced and then come back and look at it from -- look at the new case. MR. WHITE: Point of order, Mr. Chairman? Would the same be true in your opinion, Mr. Neale, if we were to modify the payment plan under the order? MR. NEALE: Certainly I think, you know, the payment plan could be modified. You know, you would go back, essentially reopen the case and say that, you know, pursuant to Case 2009 -03, I think is the number, the board has reviewed evidence presented at this hearing and made the decision to modify the payment plan to reduce the fines in that case, and then make that finding and then go forward with Page 56 March 12, 2010 another consideration of -- with a consideration of his licensure at this point. Because, you know, I do agree that there's two tracks you're looking at: One is the treatment of the fine from the previous case. The second track is his current application for licensure today, which pursuant to the 2006 order any of his licensure subsequent to the 2006 order would be subject to the review of the board. MR. WHITE: So theoretically we could, if we chose to, by reopening that order in -- let's say we were to give him a six -month payment plan, roughly $770 a month, we could do that. And we could tie a grant of his license in a probationary way to making those payments on time. MR. NEALE: And the board has done sort of a similar thing in the past. I don't have the exact case cite in front of me, but the board has set up automatic triggering mechanisms in the past where a probationary license or something was issued contingent upon the satisfaction of certain terms. If those terms were not satisfied, then without recourse to coming back to the board the license was automatically terminated or automatically lifted from probationary status, depending on what the action of the -- because then really the onus -- MR. WHITE: Which wouldn't be a bad thing. (Phonetic.) MR. NEALE: Yeah, then the onus is completely on -- THE COURT REPORTER: Mr. White, you need to be on your microphone, please. MR. WHITE: I'm sorry. MR. NEALE: Yeah, then the onus is completely on the respondent to perform, as opposed to placing an additional burden on the board or on staff. MR. WHITE: Just one question, gentlemen. MR. GRUP: Yes, sir. MR. WHITE: If we were to consider and approve a plan to Page 57 March 12, 2010 extend the payments, do you feel that on a month -to -month basis you'd be able to meet what would be roughly a $775 payment for those fines? MR. GRUP: Yes, sir. Yeah, I would be able to do that. CHAIRMAN LYKOS: Kyle? MR. LANTZ: Well, I'm just giving my opinion, I don't really have questions, but I'm severely torn on this one. His actions in the past, you know, I mean, three strikes and you're out as far as I'm concerned. You know, I mean, I can understand the first time, okay, I didn't understand. The second time -- you know, my father told me when I was a kid, you know, screw me once, shame on you, screw me twice, shame on me. Kind of feels like there's a pattern. And then the third time -- I mean, if you haven't -- if you didn't learn it the first two times, I don't know if he'll ever learn the difference. But -- so that's my personal feeling against approving anything. But then the fact that he -- you know, Michael said -- Michael doesn't want to say he's doing a good job, but Michael's been saying -- you know, alleging towards that, you know, he's been coming in every month, he's been, you know, really trying, really doing whatever he can, he already took the test. You know, persistence pays off, you know. Maybe he did learn. You know, he's learning to get a building contractor's license rather than just a carpentry contractor's license. He's already taken the test and passed it. So I could go either way. I would more react towards either giving a license or reducing the fine, but definitely not both. That's just my personal opinion. I'd have no problem with the payment plan. But I think I'm leaning more towards approve a license on a pretty strict probation and possibly, you know, lengthening out the payment plan but not reducing the fine. CHAIRMAN LYKOS: Well, we can't make any changes to the MOM March 12, 2010 previous order of the board without reopening the case. MR. NEALE: Right. What you would do is move to reopen the case, make a new finding. We would issue a new order of the board modifying the prior order, so it really would be an amendment to the prior order. Then that finding would be made. And then the board would make a second finding upon this license. So that's the way I would -- for good order sake, I think that would be the cleanest way to do it. MR. JOSLIN: I think the whole question here is that he had six months to pay this all off and it's not all paid off. That's the real question here, right? MR. JERULLE: Twelve months, right? CHAIRMAN LYKOS: Six months. MR. NEALE: I think it was six months. MR. JOSLIN: So we would have to then reopen it to extend it at all or to make up a different payment plan or however we're going to do that. He's in violation after six months. MR. NEALE: I mean, he currently is in violation. Because -- MR. JOSLIN: Right. MR. NEALE: -- that was -- you know, that order was issued back in January of '09. So technically he was in violation of that order as of July of last year. MR. JERULLE: So he's in violation of not paying that as we speak. MR. NEALE: Right. He's currently in violation of the January, 2009 order in terms of the payments -- actually, that would have been in August, 2009, because the payments -- no, it was July, because it was to be paid within six months of the date of the hearing with equal monthly payments to begin within 30 days of the date of the hearing. He did -- the one portion that appears -- there was administrative costs of $500 to be paid within 30 days, and I think that was accomplished. Page 59 March 12, 2010 MR. GRUP: Yes, sir. CHAIRMAN LYKOS: Yeah, that was paid. MR. JOSLIN: Yeah. CHAIRMAN LYKOS: Well, I'm trying to get my arms around what we're going to -- what we can possibly accomplish today and what -- I think the sense is that we want to deal with this original case somehow. Are you here as a -- I'm trying to -- I mean, are we dealing with a formal request to do something with his license today? Because our agenda says review. Review the building contractor license per the order of the board. So I don't know that we have a formal request in front of us that we need to approve or deny. MR. NEALE: He has submitted an application, so I think the board has within its authority to accept that application for review and make a decision on that application. The -- making any decision on the prior order, the 2009 order, is purely at the discretion of the board at this point. MR. JERULLE: So if I were to make a motion to open up the prior issue, could it be contingent upon something, or is it just a motion to open it? MR. NEALE: It would just be a motion to reopen, and then -- MR. JERULLE: We couldn't make it contingent upon just reviewing on extending the time period for payment, it just would open up the board to vote on whatever? MR. NEALE: You could -- I mean, I think -- you could make a motion to reopen the case for the purpose of reviewing the payment of the fine. I think that would be something I would be willing to -- yeah, I could recommend to do that. MR. JERULLE: Because my thoughts are -- and I'm thinking out loud if I may, Mr. Chairman? CHAIRMAN LYKOS: Please do. MR. JERULLE: And I would need some help with this, but March 12, 2010 opening this up, extending his period so that he's not in violation, and keeping the fine the same but making -- as Mr. White agreed, to making some sort of payment schedule for him to pay the fine out. And then hear his license on a different time or different day. Have him come back with a formal request after the fine were (sic) settled where we come to an agreement on the fine schedule. And then hear his plea for a license on a separate day is what I'm thinking. MR. OSSORIO: Mr. Chairman? CHAIRMAN LYKOS: Mr. Boyd? MR. BOYD: I prefer to get it all done today. And my thinking is is the guy's persevered. He's trying to do the right thing, finally. I guess he got our message when we took his license away. You know, I'd like to see us give him a probationary license, reporting to Mike, give him the monthly payment he's got to make. If he doesn't make the monthly payment, his license is suspended. Give the guy a chance to make -- you know, make some money, pay the fine, do the right thing. I mean, he's obviously, you know, trying to do the right thing. MR. WHITE: The only thing I feel differently than Mr. Boyd on is that if the monthly payments weren't timely made, that rather than his license being suspended, it would be revoked automatically. MR. BOYD: I'd go along with that. MR. LANTZ: Works for me. MR. JOSLIN: That would work for me also because of the fact we are extending it now in giving him a payment plan. So if he can't live with this payment plan then it's three strikes, like you said. This would be pretty much in your court, I mean, as far as what you're going to want to do. Can you do this? MR. GRUP: Yes, sir, I can. MR. BOYD: Just don't agree to something -- don't agree to $700 a month if you can't afford it. Agree to $500 a month if you can afford that. Don't -- you know, don't get yourself in a pickle. Because Page 61 March 12, 2010 we're going to take the license, then you'll never get it back. MR. WHITE: That's why I asked him the question and he answered it now twice, so I believe him. MR. OSSORIO: Mr. Chairman, just for thought -- and maybe Todd and I won't agree on this. But I hate to give someone a building license knowing that there's fees out there, due to the fact that he's starting his business already in the red. My recommendation is that you look at his application, if it meets the merit of the application give the county staff approval to issue the certificate, once Mr. Todd Grup has paid his penalty. See if he can pay it. Once the fine has been paid, it could be a month, two months, six months, I can go ahead and issue the certificate under a restriction basis for six months, period. Maybe Mr. Grup will pay the penalty within a month or two. Maybe he can get some things together and pay for it, and then you can look at his application, his merit and you can restrict it, whatever you wish to do with it. But at least you're starting off fresh with a building license with no red tape or no monies owed to the county. MR. WHITE: I appreciate Mr. Ossorio's input, and maybe there's some merit to doing things in a lump sum and clean way, but I'd still prefer the idea that month -to -month if he doesn't bite off and chew and swallow the payment, he doesn't have the license. And what I was intending to do is to give him to the end of the first month to make that first payment. He would have the license essentially for 30 days to go find some work, get it under contract and make the payments. And any month that that did not happen, the license would be automatically revoked and pretty much I don't know that we'd ever see Mr. Grup again. The thing that I think pushes me in that direction is certainly his persistence. But persistence in the particular regard of getting the type of license that if he had all along none of these other problems would Page 62 March 12, 2010 be on his back today in terms of his record. So the real question to me only here today that's maybe the threshold question for me today is, is he otherwise qualified for the type of license he's asking for. And there hasn't been much discussion about that. But it certainly seems from the application package that he would. There's never been anything about it in any of the prior cases that said he didn't do the work that was outside of his scope properly, it was just that he was working outside the scope of the licenses he then had. So if we're comfortable with granting him the type of license because his application meets the criteria, then I think we can work out the other pieces of it to put him in a position where he essentially has the keys to his own success or the lock to his own failure. And I'm very comfortable giving people, especially ones who may have had a couple of strikes, the opportunity to recognize that you either succeed or it's game over. MR. JERULLE: Mr. Neale, is there any legal requirement or guidelines, since he is in violation of not paying the fine, of us voting on whether we can give him a license because he is in violation? MR. NEALE: Well, I think that's why we pose that you dispose of the issue of the 2009 fine first, resolve that, then provide some kind of approval on -- approval or denial on the current licensure application. Potentially contingent on payment of obligations, potentially contingent on some kind of payment plan, potentially contingent on whatever, you know, that the board has within its power to restrict or make contingent the license. CHAIRMAN LYKOS: I like Michael's thought about trying to get this done quickly and not having us to keep coming back to this case over and over again because we drag it out. So I like Michael's thought in that regard. At the same time, I think it's important that the fines get paid before we give somebody a license. And if we can find a way to tie March 12, 2010 that all together quickly, then I'd be for that. But if the only way we can do that is to reopen the case, as much as I hate having to bring this back in front of us or doing it now or having to bring it back next month, I don't like second - guessing a previous board's recommendations or findings. I don't like doing that. We don't know all the circumstances surrounding what happened at that time, we don't know the conversation that occurred. And I don't like second - guessing what a previous board did. Kyle? MR. LANTZ: Would you be comfortable -- I'm very torn on this. Would you be comfortable with approving his license, however it does not get approved until his fine is paid in full. If he pays it in six months, then it gets approved, if he pays it tomorrow, then it gets approved. No action from the board. As soon as he pays it, Michael can do whatever he needs to do. CHAIRMAN LYKOS: I like that solution. Because then we're done with it. MR. WHITE: I certainly understand, as I said before, the clean approach to it. The problem I have with it is, is that he's sworn under oath that he isn't working and he doesn't have a present means to work because he doesn't have a license. It's almost as if he could have paid the fine already, he certainly would have, because then he'd be before us just with the request for the license. So logically it doesn't make sense to me that he'd want to do both unless he thought there was some chance we'd reduce the fines. But what he had asked for in his initial comments was to either reduce them or extend them over time because of the circumstances he's in. And I think, as I said before, we're going to tie the reopening of the former case to a monthly payment, that if it's not made on time we would essentially reinstate the findings of violation and all of the Page 64 March 12, 2010 monies that were then not yet paid would be due. So to me, if we reopen the case, put a payment plan on, monthly requirement, if it isn't paid at the end of the month the whole thing's due and he's in violation. We could then move to consider his license and tie the payments under a probationary period month to month, in the same way to the findings of violation if it's not paid. And furthermore never have to hear the case again unless he makes all the payments and comes back in six months and has done what he needs to do to grant him a full license. But otherwise, if he doesn't make the payments, the findings are reimposed under the prior order and his license is automatically revoked. So if he doesn't do right, we don't see him again. If he does right, we'll be back and we can evaluate how he's doing credit -wise and otherwise, as we do with any other applicant. To me we get it done today, we do it in the next 10 minutes and, you know, the staff really has a very bright line to make their decision by. MR. JOSLIN: And the other end result would be that this would be all done within six months. MR. WHITE: Yes. MR. JOSLIN: Because if we set him up on a six -month payment plan in six months his probationary license is going to be over. If he's paid this off in time, like you're speaking of, then basically he'll have a full license and all the fines are paid. MR. WHITE: Potentially, yeah. MR. JOSLIN: That's the theory now. Now, that's something that I don't think this board has ever done before that I know of. I've been on this board for 10 years. CHAIRMAN LYKOS: Terry? MR. JERULLE: Mr. Grup, convince me that you'll be an honorable contractor and you'll pay your fines if the board so elects. MR. GRUP: I most definitely will pay the fines and be an honorable contractor. I mean, I've done this work ever since I was 13, March 12, 2010 14. So I know. And I enjoy it. And I'll do whatever I need to do to get back to work. I know that I can pay the fines. If you impose the $750 a month I would be in agreement with that. And I would -- MR. JERULLE: May I ask how you will pay those fines? MR. GRUP: Well, I would hope to secure some work if I had -- if you guys were able to issue me a license. I did have some discussions with my family that if I needed to borrow some money that we could -- you know, they would help me so that I can go back to work. My father was talking with Mike regarding that. But we -- we were hoping to possibly get the fines reduced. But if not, then I'll do whatever you guys wish and pay them off. MR. LANTZ: If the board were to request that you pay off all your fines before you got a license, would you be able to do that, get a loan from somebody or -- MR. GRUP: Yeah. Yes, sir. MR. LANTZ: I'm ready to make a motion, if anybody (sic) else is. CHAIRMAN LYKOS: Mr. Lantz? MR. JOSLIN: One thing, now. In the motion make sure we know we can do -- if we're going to do anything with the reduction or extension of fines -- MR. LANTZ: That's not in my book. MR. JOSLIN: -- or payments, then you have to open this up. MR. LANTZ: I move that we approve Mr. Grup's application and allow them to do whatever needs to be done to be registered, contingent on the fact that all his fines are paid in full. The second his fines are paid in full, it automatically gets approved and moved on. I also approve that he's on a two -year probationary period with monthly reporting in to Michael to explain what's going on. CHAIRMAN LYKOS: I have a motion. I need a second. MR. WHITE: I'll second. Page 66 March 12, 2010 Just for the purposes of clarification, what on a monthly basis would we be expecting to have Mr. Grup report to Mr. Ossorio? MR. LANTZ: Just to tell him what's going on and make sure -- he's been doing it for the last six months, it appears, just to make sure everything's -- I feel that he should have a pretty strict probation. MR. WHITE: I agree. And I'm trying to get to the precision of it. Would it be contracts he's entered into with the addresses so they could verify that proper permits were pulled, et cetera, et cetera, et cetera. MR. LANTZ: I would leave that up to Michael's discretion. MR. OSSORIO: Typically when we have our meetings where people are on probation, we go over contracting 101. You know, we look at your permits, have you failed any inspections, what are you doing out there, what jobs you're on and so forth. There has been the past that the board put restriction on people, putting people on probation and making them call the office when there's -- particularly where they're going to be for their next job or when they're going to pull building permits. So I'm pretty confident that Todd will be in my office every month. He's been there every month for the last six months anyway, so what's another two years? But the fines should be paid, you're absolutely right. CHAIRMAN LYKOS: Okay. So if I can rephrase the motion, the motion is that we grant the license on the contingency of the fines being paid, and that there's a two -year probation with a monthly reporting to licensing department. MR. LANTZ: Correct. MR. JERULLE: May I ask, during the probation period? what happens if he gets a citation CHAIRMAN LYKOS: Well, he's on probation for two years, so what does that mean? MR. JERULLE: So that means he comes back here or his license Page 67 March 12, 2010 goes away or -- MR. NEALE: And what would happen, since he's on probation then he's under, quote, unquote, under the supervision of the Contractor Licensing Board. And so at that point if he trips and stumbles, he's back here. And then the board can review his license at that point. CHAIRMAN LYKOS: I have a motion, I need a second. MR. WHITE: I -- CHAIRMAN LYKOS: Sorry, I apologize, I did have a second. I apologize. I have a motion, I have a second. Any further discussion? (No response.) CHAIRMAN LYKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. Opposed? MR. JERULLE: Aye. CHAIRMAN LYKOS: One opposed. Okay, Mr. Grup, when you pay your fines, you'll have a contractor's license. And you'll be on probation for two years. MR. GRUP: Okay. CHAIRMAN LYKOS: And you need to report to Michael on a monthly basis. MR. GRUP: Yes, sir. CHAIRMAN LYKOS: If you trip up in any way, a citation, if Michael thinks that there's something inappropriate going on, you'll be back in front of us. March 12, 2010 MR. GRUP: Yes, sir. CHAIRMAN LYKOS: Okay? MR. GRUP: I appreciate your time. Thank you. CHAIRMAN LYKOS: Good luck. MR. GRUP: Thank you. CHAIRMAN LYKOS: Okay, on the agenda is orders of the board. Those are the documents I signed earlier this week? MR. JACKSON: That's correct -- no, that's not correct. CHAIRMAN LYKOS: That's not correct. MR. JACKSON: These orders of the board are the continuing process for the payment of citations. CHAIRMAN LYKOS: Okay. And you have those? MR. JACKSON: We have them. Mr. Neale has them. CHAIRMAN LYKOS: Okay, I need a motion to approve my signature on those orders. MR. WHITE: So moved. MR. JOSLIN: Second. CHAIRMAN LYKOS: I have a motion -- THE COURT REPORTER: I'm sorry, who was the second, Mr. Joslin? CHAIRMAN LYKOS: Mr. Joslin. All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: Opposed? (No response.) CHAIRMAN LYKOS: Mr. Neale, I'll sign those at the end of Page 69 March 12, 2010 the meeting, after the meeting. Thank you. MR. NEALE: Just so the board understands, particularly we've got a new member, what he just approved is on the citations, if they -- the citations that the staff issues, if -- there's a typical penalty of $300 per citation. If the person does not pay them, the statute in our ordinance allows the board to issue an order on that fine, which then can be recorded and it constitutes a lien on the person's property. So if these are recorded in the public records and the person goes out to sell a house or whatever, it's a lien that's going to have to be satisfied at the time of sale. And the lien can be foreclosed on. So that's a little explanation what that all is about. CHAIRMAN LYKOS: Thank you. All right, old business. Adam Sandifer, review of credit report. Is Mr. Sandifer here? MR. OSSORIO: Mr. Chairman, Mr. Sandifer was supposed to -- was on a provisional license. The board wished to see him within six months for a credit report. We've tried to contact Mr. Sandifer and we sent a letter, certified letter. We had no response. My recommendation is, is that we suspend his certificate and move on. CHAIRMAN LYKOS: Does everybody understand? So we granted Mr. Sandifer a license under probation, is that correct, probationary license? MR. OSSORIO: Yes. And he needed to report back to the board within six months with a new credit. CHAIRMAN LYKOS: And you contacted him? MR. OSSORIO: We tried to. CHAIRMAN LYKOS: Certified mail? MR. OSSORIO: Certified mail, call -- CHAIRMAN LYKOS: Phone calls. MR. OSSORIO: Stopped by his house, I believe we did. Page 70 March 12, 2010 Everything we possibly could. So I'd like to go ahead and just put it on -- suspend him for a period of several months, until January, and then it becomes null and void. If he comes in between now and January, then we can -- you can petition the board with his new credit ,report and you can reevaluate at the time. CHAIRMAN LYKOS: Okay. MR. NEALE: What I would suggest the board do in really an excess of caution is make a motion and vote upon the fact that Mr. Sandifer has been found in violation of his probation. So make a finding that he's in violation of his probation. CHAIRMAN LYKOS: I understand. Okay. So I need a motion. MR. JOSLIN: I make a motion that we find Mr. Adam S. Sandifer in violation of the findings of fact that was documented on August 19th, 2009. MR. WHITE: I amend that with the second to say order of the board rather than the findings. MR. JOSLIN: I'm sorry, order of the board. Yes. MR. WHITE: And additionally, that based on that we would suspend his license until January, 2011. Does the motion maker agree? MR. JOSLIN: Yes. CHAIRMAN LYKOS: Any further discussion? (No response.) CHAIRMAN LYKOS: Motion maker agrees. I have a second. All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. Page 71 March 12, 2010 MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: Opposed? (No response.) CHAIRMAN LYKOS: Peter Geresdi, request for an extension to pay board fines. Mr. Geresdi? MR. OSSORIO: Mr. Chairman, just while he's going, this is another which we've never done before -- CHAIRMAN LYKOS: Michael, one second. Mr. Geresdi, if you'd please be sworn in, please. (Speaker was duly sworn.) CHAIRMAN LYKOS: I'm sorry, Michael, go ahead. MR. OSSORIO: Obviously the licensing board took the action 2009 -15 on 12/16/2009 last year. It was a $5,000 fine. He needed to pay the fine off within 45 days. If the fine was not paid up within 45 days, his license would be suspended until January, 2011. In January, 2011 it would be null and void. I've talked to this company before, I've talked to I think his wife at length. It's not the money. They want to pay the fine. They need more time. But unfortunately the 45 days has expired, and his license is suspended, there's nothing I can do. So I recommend that the company come back in front of the board, see if he can extend the pro -- extend it for 45 days or 85 days or three or four months so the fine can be paid. That's my recommendation. CHAIRMAN LYKOS: Okay, thank you. Mr. Geresdi, you have a proposal to make to us today? MR. GERESDI: Yeah. I was able to pay $2,000, which was like 1,000 each month till today. And plus the 250, the county fee. So I have 3,000 left. Whatever days or extension I can have will help. I can do the Page 72 March 12, 2010 most probably 1,000, keep doing that for couple months, three more months, and then that's all I ask, basically. CHAIRMAN LYKOS: Kyle? MR. LANTZ: Part of your requirements were that you took some classes and some tests. Have you already done that? MR. GERESDI: Yeah, I signed up for the test, actually. It was a little thing going on with that too. I applied in December 21 st, and I got my first test date in March 20th, which is coming up. The reason was two times the paper wasn't signed by county, the -- and they sent it back. And of course they don't do anything on fax or e -mail, everything is posted. So it was like a four -week turnaround. So that's why I was not able to do it in February. So -- but I'm on. You know, I'm scheduled for March 20th, so -- MR. LANTZ: And that would still be within the 90 days that was -- MR. GERESDI: Well, that's going to pass the 90 days from December, I think. MR. NEALE: It's outside the 90 days, but -- MR. LANTZ: That would be -- MR. GERESDI: So that's another issue. MR. NEALE: -- so a month. MR. LANTZ: Then you took the workers' comp class or you haven't -- MR. GERESDI: Oh, not yet. Not yet. Not on that. CHAIRMAN LYKOS: Mr. Neale, can you read the order of the board? MR. NEALE: Sure. CHAIRMAN LYKOS: I'm sorry, it's in our packet. MR. NEALE: Yeah, it is in the packet. CHAIRMAN LYKOS: Sorry. MR. NEALE: The order was to -- he's on probation for 12 months. That he was to pay a fine in the amount of $5,000 within 45 Page 73 March 12, 2010 days of the date of the hearing. Administrative and investigative costs in the amount of $250 to be paid within 45 days. Taken pass (sic) with grades meeting Collier County standards. The business and law exam within 90 days of the date of the hearing. Attend a two -hour workers' comp course within 90 days. And if the fines, costs, education examination requirements not performed within the required time limits, the license shall be suspended without hearing and the license on the suspension shall be held at the next regularly scheduled board meeting. If they're not completed by the next license renewal cycle, it will be revoked, so this is -- CHAIRMAN LYKOS: And the next renewal cycle is January, 2011. MR. OSSORIO: Yeah, the renewal period ends January Ist, 2011. CHAIRMAN LYKOS: Okay. MR. NEALE: And this is really pursuant to part six. This is the hearing on the suspension. Because at this point his license is in suspension, according to the order of the board. CHAIRMAN LYKOS: Well, it's pretty close to 90 days. MR. NEALE: Yeah. I mean, he's -- CHAIRMAN LYKOS: He has to take all of his classes and pay all of his fines tomorrow -- Monday. MR. NEALE: Yeah, by Monday he'd have to do everything or he's out, so yeah. CHAIRMAN LYKOS: Mr. White, you have a comment or question? MR. WHITE: Just one question. And then I think maybe a proposal. Mike, within the next say roughly 30 days, would, if he took the exam on the 20th, he have the results so he'd know whether he passed or not? Page 74 March 12, 2010 MR. OSSORIO: Unfortunately I believe he took the -- he signed up to take the Prometric exam. Within the Gainesville exam, if he took our Gainesville testing, he could go up tomorrow and know the -- he can know the test results by tomorrow. So there's an avenue for him if he had to get testing. But to his defense, unfortunately one of my staff members did not sign that appropriate document so he could take the exam in an appropriate period of time, so that was on staffs fault. So I'm not going to -- MR. WHITE: I understand that. But if we were to extend the time frame to 120 days instead of 90, both for the workers' comp and for the business and law, would we have the results back -- MR. OSSORIO: Yes. MR. WHITE: -- within that time frame? MR.OSSORIO: Yes. MR. WHITE: Okay. Then, Mr. Chairman, favoring the idea of reopening the order and making a finding that there's no violation of the order so long as the respondent pays the fines within I would think 90 days, three months to pay $1,000 per month, and also that there's no vio -- that we would amend the order to grant 120 days rather than 90 days, both for the time period to take the business and law examination under paragraph four and the two -hour worker comp. class under paragraph five. And that we wouldn't consider him to be suspended so long as those three circumstances were timely met. CHAIRMAN LYKOS: That was a proposal, not a motion. MR. WHITE: That was a proposal I'm just floating. MR. JERULLE: The proposal for the 90 days was from today to pay the fine? MR. WHITE: Yes. MR. JERULLE: And the proposal for the workmen's comp was 120 days backdated -- MR. WHITE: From December -- Page 75 March 12, 2010 MR. JERULLE: -- backdated. MR. WHITE: December 16th, yes. MR. JERULLE: Would you be comfortable with just doing 90 days for all three going forward? CHAIRMAN LYKOS: We have business and law and workers' comp. There's two separate classes. MR. JERULLE: Yes. MR. WHITE: Surely that's not a problem. I mean, 90 days from today. MR. JERULLE: To do the workmen's comp, the business law and pay the fines. CHAIRMAN LYKOS: That's June -- say June 30th. Yeah, that's 90 days. End of June would be 90 days. MR. WHITE: Yeah, I used my fingers. Lawyer math. That would be agreeable, yes. So if you wanted to make a motion, that -- MR. JOSLIN: Is this a payment schedule set up too, that $1,000 a month? Did you include that? MR. WHITE: That's what I was suggesting in that if the payments weren't timely made he would be again in status of a violation of the order. MR. NEALE: And just my interpretation of Mr. White's motion, and just make sure I'm clear on it, is what -- it doesn't necessarily lock him to $1,000 a month. What it says is he's got 90 more days to pay it. If he walks in on the 89th day and throws down $3,000, he's satisfied it. MR. JOSLIN: Right. Okay. MR. WHITE: Well, my intention, Mr. Neale, was to have him at least make the $1,000. He could conversely come in and pay the 3,000 within the first -- MR. NEALE: I just wanted to make sure that was clear so that we had that correct in the order, so -- Page 76 March 12, 2010 MR. JOSLIN: And say okay if we set this into a motion, though, at $1,000 per -- say per month, what happens if he doesn't make the thousand dollars? MR. WHITE: He's in violation again -- MR. JOSLIN: He's back to violation. MR. WHITE: -- and he's again suspended. CHAIRMAN LYKOS: Right. So you have -- MR. JOSLIN: You have two ways he could do this. CHAIRMAN LYKOS: You either give him 90 days to do everything, in which case we would postpone the suspension until the end of the 90 days, regardless of when he made the payments -- MR. JOSLIN: Right. CHAIRMAN LYKOS: -- or you say it's $1,000 a month, in which case his suspension could kick in at the end of -- MR. WHITE: 31 st. CHAIRMAN LYKOS: -- April if he doesn't pay $1,000 at the end of May, if he doesn't pay -- so it seems like that's really the issue here is (sic). Do you want to make the -- an actual payment plan or just say everything is due in 90 days? MR. WHITE: I would prefer the payment plan. Because one, his testimony was that he could pay the 1,000, and I want to hold him to his word, and I don't want to have him out there operating if he has not kept his word. And if I give him -- if we give him 90 days, then his license hasn't been suspended, we've essentially, you know, found him to not be in violation of an order that he's already in violation of MR. JOSLIN: Right. CHAIRMAN LYKOS: I like that argument. MR. NEALE: First payment by April 30th? MR. WHITE: Yes. MR. JERULLE: Is that acceptable with you? Page 77 MR. GERESDL• MR. JERULLE: MR. GERESDI: MR. JERULLE: MR. GERESDI: MR. JERULLE: March 12, 2010 Sure. Is that something that you -- Yeah. -- think you can do? I can do it. All three of those items, the workman's comp, the business and law -- MR. GERESDL• Yes. MR. JERULLE: -- and then pay the $1,000 a month? MR. GERESDI: That's fine. Great. CHAIRMAN LYKOS: I see heads shaking, so I need a motion. Or I guess I see heads nodding, not shaking. MR. NEALE: Mr. White could convert that into the form of a motion. MR. WHITE: I would move at this time that we reopen Case No. 2009 -15 pertaining to license number 25371 to find that the respondent is not in violation of the order so long as payments of $1,000 per month beginning on April 30th, 2010 are made and the fine is paid in full within 90 days. Two, that the respondent is given 90 days from today to meet the requirement to take the business and law examination. And three -- MR. JOSLIN: And pass. MR. WHITE: And pass. And three, similarly, with the workers' compensation two -hour class, to take that and pass within 90 days from the date of this hearing. MR. JOSLIN: Second the motion. CHAIRMAN LYKOS: I have a motion, I have a second. Any further discussion? MR. WHITE: Just one thing that occurred to me in the making of the motion as to the timing of the 90 days from today and the Page 78 March 12, 2010 completion of the payment. If we start him on April 30th and go 30 days apart, I think it's probably more than 90 days, but -- MR. NEALE: What I would suggest is that basically -- I'll play with the language, but I understand that the board's intent is basically extend it to June 30 as the time to pay, for all the thing. Time to pay, time to complete is June 30 for all of this. MR. JOSLIN: Right. CHAIRMAN LYKOS: Hold on a second. Do we already have a second? Yes, we're open to discussion. MR. NEALE: Joslin's got a second. CHAIRMAN LYKOS: Why don't we have it so it's all done by our June meeting? That's closer to the real 90 days. MR. WHITE: That was exactly what I -- CHAIRMAN LYKOS: Because if we go to June 30th, we won't know for sure if this is done until our July meeting. Now, you're only talking a couple more weeks, maybe two or three weeks, but -- MR. LANTZ: Would staff need time to get something ready for the meeting, or would -- MR. NEALE: Because if he comes running in the day before the meeting -- CHAIRMAN LYKOS: Yeah, so let's leave it. We'll know in July. MR. NEALE: Yeah, June 30th makes it easier. MR. WHITE: And I would modify the motion to reflect whichever occurs first, the 90 days or June 30th, 2010. MR. JOSLIN: And you had the $1,000 per month -- THE COURT REPORTER: Mr. Joslin, I'm sorry, I cannot hear you. MR. JOSLIN: I'm sorry. I said Mr. White had the $1,000 per month payment plan also indicated per month? MR. WHITE: Yes, such that if it were not timely paid, beginning April 30th, the license would be suspended because he Page 79 March 12, 2010 would be found in violation. MR. JOSLIN: Okay. I'll amend the second. MR. NEALE: Because the June meeting is looking at -- assuming it's on normal schedule, it's June 16th. CHAIRMAN LYKOS: So we're fine the way we've got it. Okay, I have a motion, I have a second. Any further discussion? (No response.) CHAIRMAN LYKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: Opposed? (No response.) CHAIRMAN LYKOS: Thank you. Mr. Geresdi, you got 90 more days. MR. GERESDI: Thank you. Thank you. CHAIRMAN LYKOS: Okay, we're going to move into public hearings. Should we take a break or are we going to get through this quickly? MR. JOSLIN: Do it. MR. OSSORIO: I hope to get through this pretty quickly. CHAIRMAN LYKOS: Okay. Is this actually going to be a public hearing? There's no respondent here. MR. NEALE: Well, you still have to open the public hearing -- CHAIRMAN LYKOS: Okay. MR. NEALE: -- and we'll have to put testify on that she was notified of the hearing and that she chose not to appear. (Speakers were duly sworn.) Page 80 March 12, 2010 CHAIRMAN LYKOS: Patrick, should I read the opening statement before we start the public hearing? MR. NEALE: May as well, yeah. CHAIRMAN LYKOS: Okay. All right. So before we begin, these hearings are conducted pursuant to the procedures set out in Collier County Ordinance No. 90 -105, as amended, and Florida Statutes Chapter 489. These hearings are quasi judicial in nature. Formal Rules of Evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence, but shall not be sufficient by itself to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Any member of the Contractors Licensing Board may question any witness before the board. Each party to the proceedings shall have the right to call and examine witnesses, to introduce exhibits, to cross - examine witnesses, to impeach any witness, regardless of which party called the witness to testify, and to rebut any evidence presented against the party. The chair person or in his absence the vice chair person shall have the powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum. The general process of the hearing is for the county to present an opening statement where it sets out the charges and in general terms how it intends to prove them. March 12, 2010 The respondent then makes his or her opening statement, setting out in general terms the defenses to the charges. The county then present its case in chief, calling witnesses and presenting evidence. The respondent may cross - examine these witnesses. Once the county has closed its case in chief, then the respondent puts on his or her defense. They may call witnesses and do all the things described earlier; that is, call and exam witnesses, to introduce exhibits, to cross- examine witnesses, to impeach any witness, regardless of which party called the witness to testify, and to rebut any evidence presented against the party. After the respondent puts on his or her case, the county gets to present a rebuttal to the respondent's presentation. When the rebuttal is concluded, then each party gets to present closing statements, with the county getting a second chance to rebut after the respondent's closing arguments. The board then closes the public hearing and begins deliberations. Prior to beginning deliberations, the attorney for the board will give them a charge, much like a charge to a jury, setting out the parameters on which they base their decision. During deliberations the board can ask for additional information and clarification from the parties. The board will then decide two different issues: First, whether the respondent is guilty of the offenses charged in the Administrative Complaint. A vote will be taken on this matter. If the respondent is found guilty, then the board must decide the sanctions to be imposed. The board attorney at this point will advise the board of the sanctions which may be imposed and the factors to consider. The board will discuss sanctions and take a vote on those. After the two matters are decided, the chair or in his absence the Page 82 March 12, 2010 vice chair will read a summary of the order to be issued by the board. This summary will set out the basic outline of the order but will not be exactly the same language as the final order. The final order will include the full details required under state law and procedure. Okay, we'll begin and we'll have the county present their opening statement. Ian? MR. OSSORIO: Mr. Chairman, this was -- obviously this was a continuation from last meeting. And I believe we're in the public hearing process. Do you want us to go ahead and go through the whole procedure again or -- MR. NEALE: At this point what I would suggest, if I may, that what the board had directed staff to do in the prior case last month was simply to report back at this point. The order actually stated that the -- that the matter's continued until the next regularly scheduled board meeting at which time the Collier County Contractors Licensing staff and the respondent shall make a report to the board and the board shall issue a decision on the matter at that time. So it was really purely a mechanism whereby you were going to receive a report from staff and the respondent, if the respondent appeared, as to the circumstances surrounding it and make a decision based on that, because you had heard the matter before. I believe that six of the board members who are here today were at the last meeting. The one board member that cannot vote on this today is Mr. Meister, because he's new and he did not have the opportunity to hear this at the prior hearing. CHAIRMAN LYKOS: Okay. MR. JOSLIN: Do we have to open up this case and enter it into evidence again? MR. NEALE: It's my view that since it was a continuation as MOM March 12, 2010 opposed to a closing of the hearing is that you're simply -- you're just continuing on what you were doing before. So I would opine that you don't have to reopen the hearing because it was never closed. MR. JOSLIN: Okay. CHAIRMAN LYKOS: Okay, thank you. MR. OSSORIO: Mr. Chairman, I'm ready to present our findings of Mrs. Borrego. CHAIRMAN LYKOS: Okay. MR. OSSORIO: Mr. Jackson will present his findings. CHAIRMAN LYKOS: Thank you. Ian? MR. JACKSON: For the record, Ian Jackson, Contractor Licensing for Collier County. I'll remind the board that Mrs. Borrego was given the opportunity to perform this installation by obtaining her license through our office and arranging for the execution of the contract. As of this morning, I checked in our county database. There is no change in the status of the license. There is no license that was obtained by Ms. Borrego, and I would like to ask Ms. Laczi whether she has -- Ms. Laczi, have you heard anything from Ms. Borrego regarding the execution of the contract since the last board meeting? MS. LACZI: No. MR. JACKSON: Thank you. MR. OSSORIO: Ms. Laczi, may I just ask you one question. You did give Mrs. Borrego a check for $5,750; am I correct? MS. LACZI: Yes. MR. OSSORIO: Would you have known if that -- would you have written that check $5,750 if you knew that license was in a delinquent status? MS. LACZI: No, I wouldn't have. MR. OSSORIO: Would you have used that money into a money market account or a savings accounts, creating interest for your own Page 84 March 12, 2010 financial gain? MS. LACZI: That money was in a money market certificate. And that's why we gave her two checks, because we didn't have enough in our checking account. So my husband had to go and transfer money. MR. OSSORIO: And she has not contacted you? MS. LACZI: No. MR. OSSORIO: No further questions. CHAIRMAN LYKOS: Okay, thank you. The respondent's not here, so the respondent can't present a defense or rebut the evidence provided today by the county. MR. WHITE: Before we move too far from the county's case, if there's nothing further that the county wants to put on, I do have a question for you, ma'am, if I may. I think I know the answer to this. Your money from either /or both of those checks has not been returned to you? MS. LACZI: No. She never contacted me. She -- I saw her last when we were here. CHAIRMAN LYKOS: The last time you saw Ms. Borrego was when -- was at last month's hearing here in front of the licensing board? MS. LACZI: Yes. CHAIRMAN LYKOS: Is that the last time you've had any contact with Mr. Borrego at all? MS. LACZI: Yes. CHAIRMAN LYKOS: Okay, thank you. Ian, if you wouldn't mind -- I guess you can answer from there. If I remember right, one of the key issues to this case was that Ms. Borrego could fulfill the job. We understand that special order cabinets take time and jobs like these, there might be a delay between when a contract is signed and when the work proceeds. But that if Ms. Borrego did not come in and reinstate her license, she would be March 12, 2010 unable to fulfill the contract; is that correct? MR. JACKSON: That is correct. CHAIRMAN LYKOS: And she has made no attempts whatsoever with the licensing department to reinstate her license? MR. JACKSON: I believe the attempt that was made was picking up an application, either the day of the last hearing or -- I believe it was the day of the last hearing. She came to the office, picked up a new application, and have heard nothing since. CHAIRMAN LYKOS: Okay, thank you. And also for clarification, when Ms. Borrego signed the contract with Mr. and Mrs. Laczi, her license was suspended at the time; is that correct? MR. JACKSON: The status of her license at that time was delinquent. CHAIRMAN LYKOS MR. JACKSON: Yes. CHAIRMAN LYKOS and void? Delinquent. Okay. And since then it has gone null MR. JACKSON: Since then, as of January 1 st of this year, it went suspended. CHAIRMAN LYKOS: Suspended. Okay, thank you. MR. ZACHARY: Mr. Chairman, I've got a couple of questions for the witness. CHAIRMAN LYKOS: Please. MR. ZACHARY: Ma'am, you stated that you had paid Ms. Borrego the down payment for the job of over $5,000; is that correct? MS. LACZL• $5,750. MR. ZACHARY: Okay. And to date there hasn't been any attempt to perform any of the work, as far as you know? MS. LACZI: No. MR. ZACHARY: And so you would consider that the percentage of the work that's been done so far is practically zero. :. March 12, 2010 MS. LACZI: None. MR. ZACHARY: Thank you. CHAIRMAN LYKOS: Mr. Boyd, question? MR. BOYD: If I remember right, she was doing business out at the Big Cypress Marketplace. Have you been out there at all to see if she's still operating? MR. JACKSON: I have not. She -- it's my understanding that she is not there, physically there on a regular basis. I believe the facility is open a couple days a week, weekends, and she may for lack of a better term, pop in periodically. MR. WHITE: I have a question for Mr. Neale, if I may, Mr. Chairman? CHAIRMAN LYKOS: Sure. MR. WHITE: In looking at the complaint, Mr. Neale, one of the things we talked about last month was the phrase that says the practice of contracting. And I'm just wanting to be sure that someone who's licensed is delinquent can still be contracting in the same fashion that someone's in the practice of contracting, even if they were operating outside the scope of a particular license. Because of the way that this particular rule is written, my understanding of the count is that the nature of the mismanagement here seems to be that at least if I understand the county's theory of the case, because she signed a contract while her license was in a delinquent status, one, that's still the practice of contracting, but it is doing so in a manner that is committing mismanagement or misconduct. MR. NEALE: Right. MR. WHITE: I mean, in order for us to find a violation of guilt, those elements would have to be met. The thing that wasn't in evidence last month in my mind was the notion of some financial harm. And that's I think been satisfied for FIRM March 12, 2010 The only other piece that's out there is the potential for the contractor to perform within some time frame that was set forth in the scope of the contract. So when I look at the contract, I see that in the small print that's hard for my aging eyes to read, it's still pretty clear that there were things that were supposed to have been done by now that have not taken place within the time -- rough time frames that are set forth. They're stated in terms of four to six weeks and then two to three weeks for granite countertops. And I'm just wanting to make sure that we have a complete record here. Not only do I see that there is the financial harm, the deposits not returned, the money's lost that could have otherwise been earned on the dollars had they not been given over to the deposits. I see that there's mismanagement to the degree that the contract has not been performed. For me personally, I don't need the element that the county is looking to put forward that it's mismanagement or misconduct merely to have signed the contract. But I do need to make sure that somehow we under either of those theories have the practice of contracting that. And is it your opinion that under either or both of those the practice of contracting is taking place'? MR. NEALE: I certainly feel that the practice of contacting was taking place. And particularly if you refer to 489.128 whereby it states the contracts entered into by unlicensed contractors are unenforceable; however, they are only unenforceable by the contractor themselves. Subsection three of that specifically says this section shall not affect the rights of parties other than the unlicensed contractor to enforce contract lien or bond remedies. It shall not be a defense to any claim that the contractor is unlicensed. So while the contractor may be -- may not be -- frankly the contractor put themselves in a very bad place, because by being unlicensed they can't en -- if she had not paid, she could not enforce vrlwz March 12, 2010 her remedy against the homeowner. But the homeowner can enforce her remedy against the contractor. So it's a -- it was a matter of public policy, as set out in the ordinance. Further, I believe that this board could easily find that a subsection of the same ordinance 4.1.8.1.13, which consists of abandonment, that this certainly could be deemed to be abandoned, because she has paid, by her own testimony, almost 50 percent of the value of the contract, received zero value. And if they don't perform to that level within 30 days of the payment, the job is considered to be abandoned. And certainly it's been more than 30 days since this board last heard it, or about 30 days. So it's certainly -- it's considered to be abandoned. So I think the short answer is yes, certainly she was practicing contracting, or at least holding herself out to do so and that the contract certainly is enforceable, even if she were not a licensed contractor. MR. WHITE: And under your reference to the abandonment provision, would it not also be committing mismanagement in the practice of contracting to abandon the project? MR. NEALE: Well, under the same section of the ordinance, just a broader reading of that same section of the ordinance, because this is 4.1.8. But 4.1.8.1. which is a subsection of 4.1.8. specifically says that one of the parts of mismanagement is this abandonment, so -- MR. WHITE: Well, you know the reason I ask you the question is because all we have under Count I is just the beginning portion of 4.1.8. We do not have 4. 1, the subsection about abandonment. MR. NEALE: And I believe the board certainly could find or could infer that the subsection 4.1.8. 1.13 is incorporated in that because that's one of the things in the charge itself, it says included but not limited to any of the following. And from a logical reading of the statute, you would then drop to the subsection and then go to the section which most is applicable, which is B, which is abandonment. March 12, 2010 And this is -- I would opine that this is -- certainly the board could find meets the test of abandonment and therefore it would meet the test under the charge. CHAIRMAN LYKOS: Thank you. Thank you for the clarification. Ian, does that complete your -- the presentation of your case? MR. JACKSON: Yes. CHAIRMAN LYKOS: Okay, does anybody have questions of staff or witness? MR. JERULLE: I have a question. Does the staff want to add abandonment to the count? We don't -- I asked the question if the staff wanted to add abandonment to the count. MR. NEALE: At this point they can't. MR. JERULLE: Oh, they cannot. MR. WHITE: And that's the reason why I wanted to go the whole route around, to make sure that although it's not specially stated, it is certainly one of the things under the rules, if the facts are there, which clearly it seems there are those facts to me, you can read into what we already do have in writing as the count that it is mismanagement or misconduct on the part of the county. MR. NEALE: The reasonable test that the board can -- you know, as reasonable people can infer that other portions -- they can look to definitions of financial mismanagement that are well supported, and certainly that's a definition of financial mismanagement that's well supported. CHAIRMAN LYKOS: Yeah, keep in mind that we're here to discuss and come to conclusions based on reasonableness. And I think we certainly addressed the fact that it's reasonable to continue on with that part of the ordinance and include those other parts of the -- those subsections of the ordinance in this case. Okay, thank you. Page 90 March 12, 2010 Are there any other questions of staff or of the witness? (No response.) CHAIRMAN LYKOS: Okay. The respondent is not here to reply, so we'll move on to closing statements. MR. JACKSON: Again, the county I believe has shown that there was misconduct, mismanagement committed by the contractor, causing financial harm to the homeowners here. And I'll conclude it with that. CHAIRMAN LYKOS: Okay, thank you. We have no closing statement by the respondent, so I need a motion to close the public hearing. MR. BOYD: So moved. MR. JOSLIN: Second. CHAIRMAN LYKOS: I have a motion, I have a second. Any discussion? (No response.) CHAIRMAN LYKOS MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS (No response.) All those in favor? Aye. Opposed? CHAIRMAN LYKOS: Okay, public hearing is closed. And now we need to discuss a deliberation on guilt and we need to be -- direction from Mr. Neale. MR. NEALE: Yes. In this case the board shall ascertain its deliberations that fundamental fairness and due process were afforded to the respondent. Page 91 March 12, 2010 In this particular instance I would suggest that the board make a finding that the respondent was present at the earlier portion of this hearing, the respondent chose not to appear at this hearing and make a finding that she had adequate notice of this hearing in order to ascertain that due process was afforded to the respondent. But pursuant to Section 22- 202(G)(5) of the Collier County Code, the formal Rules of Evidence as set out in Florida Statutes do not apply to this matter. The board shall exclude solely evidence presented at this hearing and the hearing last month in consideration of this matter and shall exclude from its deliberations irrelevant, immaterial and cumulative testimony. It shall admit and consider all other evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their affairs. And this is whether or not the evidence would be admissible in a court of law or equity. Hearsay may be used to explain or supplement any other evidence in a manner such as this, but it is not sufficient to support a finding in this or any other case unless it would be admissible over objection in a civil court. The standard of proof in this type case wherein the respondent may lose her privileges to practice her profession is that the evidence presented by the complainant must prove the complainant's case in a clear and convincing manner. This burden of proof on the complainant's a larger burden than the preponderance of the evidence case standards set out in civil cases. The standards and evidence are to be weighed solely as to the charges set out in the complaint as Ordinance 90 -105, as amended, Section 4.1.8. And that was committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or conduct includes but is not limited to any of the following. We're to refer back to the earlier discussion as Page 92 March 12, 2010 to how it can infer, what to go to for that definition. The standard is just as set out in the charge. And in order to support a finding that the respondent is in violation, the board must show facts that the violations were actually committed by the respondent, and the facts must show to a clear and convincing standard the legal conclusion that the respondent was in violation of this section. As this charge was the only one that the board may decide because it's the only one the defendant could have a -- had the opportunity to prepare a defense. So that's why it's important that we define which -- the charge and why you couldn't add on another charge. Any damages found must be directly related to those charges and it may not be for matters that may have been heard here but are not directly related. The decision made by this board shall be stated orally at this hearing and is 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 as set out in the ordinance and/or Florida Statutes and rules. If the board is unable to issue a decision immediately following the hearing because of questions of law or other matters of such a nature that a decision may not be made at this hearing, the board may withhold its decision until a subsequent meeting. Essentially that's what the board has done today. The board shall vote based upon the evidence presented on all areas, and if it finds the respondent in violation it shall adopt the Administrative Complaint. It shall also make findings of fact and conclusions of law in support of the charges set out in the Administrative Complaint. Now the board should proceed with deliberations. CHAIRMAN LYKOS: Okay, thank you. Page 93 March 12, 2010 The first order is to deliberate on guilt with regard to the count. And once that's done, depending on our findings, we'll move into the sanctions phase. MR. WHITE: Mr. Chairman, I'm prepared to move that the board find in violation of Count I, as stated in the complaint. MR. JOSLIN: I'll second it. CHAIRMAN LYKOS: I have a motion, I have a second. Any discussion? (No response.) CHAIRMAN LYKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: Opposed? (No response.) CHAIRMAN LYKOS: Okay, the board has found Maharay Borrego, d/b /a Mary's Kitchens and Interiors, Incorporated, guilty of Count 1, 4.1.8. And now we move into the deliberation on sanctions. MR. NEALE: Right. And the sanctions are set out in the codified ordinance in Section 22- 203(B)(1), and in the ordinance in Section 4.3.5. The sanctions which may be imposed include a revocation of the Certificate of Competency; suspension of the Certificate of Competency; denial of issuance or renewal of the Certificate of Competency; probation of a reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the board and/or participation in a duly Page 94 March 12, 2010 accredited program of continuing education. Probation may be revoked for cause by the board at a hearing noticed to reconsider such purpose. Restitution may be ordered; a fine not to exceed $10,000 per violation; a public reprimand; a reexamination requirement; denial of the issuance of permits or requiring issuance of permits with conditions; and an award of reasonable legal and investigative costs. In imposing these sanctions, this board shall consider, one, the gravity of the violation; two, the impact of the violation; three, any actions taken by the violator to correct the violation; four, any previous violations committed by the violator; and five, any other evidence presented at this hearing by the parties relevant as to the sanction that's appropriate for the case, given the nature of this matter. The board shall also issue a recommended penalty to the state. That may include a recommendation for no further action or recommendation of suspension, revocation or restriction of the registration, or a fine to be levied by the state. Is this a registered license, Mike? MR.OSSORIO: No. MR. NEALE: So then there's no state requirement at this point. CHAIRMAN LYKOS: Okay, thank you. So I think we need to do restitution, I think we need to revoke the license, and I think there needs to be a fine as well. Investigative costs. I think it's the full list of sanctions. The question is to what extent. MR. BOYD: There's no license to revoke, is there? MR. NEALE: Yes, there still is, because it's in delinquent status, so-- MR. BOYD: I thought it was suspended now. MR. NEALE: It really wasn't. It's -- what, it's in delinquent status, Mike, or is it in suspension? March 12, 2010 MR. OSSORIO: It is suspension. But it's the suspension that if she comes in, she can pay a small penalty and get the license back. MR. NEALE: It's not a suspension imposed by the board, it's a suspension by action of the ordinance. So she could -- as Mike said, she could come back in and pay and submit an application. MR. BOYD: We gave her that chance. CHAIRMAN LYKOS: Excuse me one second, guys. Ms. Laczi, you're free to sit down. We've closed the public hearing. MS. LACZI: Thank you. CHAIRMAN LYKOS: If we need you, we'll call you back up again, okay? Does anybody have a problem with revocation of license? (No response.) CHAIRMAN LYKOS: Okay, so that's on the table. I think restitution's appropriate for the full amount that was taken as a deposit. MR. BOYD: Plus interest. MR. WHITE: Plus interest. CHAIRMAN LYKOS: Plus interest. Investigation costs. MR. JOSLIN: $11000. CHAIRMAN LYKOS: Do you have a dollar amount for that? MR. JACKSON: $1,000. CHAIRMAN LYKOS: Okay. And we can impose a fine. And what are the -- what's the ranges on the fine, Mr. Neale? MR. NEALE: Up to $10,000. MR. BOYD: Maximum fine. CHAIRMAN LYKOS: What else do we have? What else do we have available to us as a sanction? We have a fine, we have investigative costs, we have restitution and revocation of the license. -t e• March 12, 2010 MR. NEALE: You could issue a public reprimand, have her take an exam, deny the issuance of any permits in the future. We don't have public flogging on here, unfortunately. CHAIRMAN LYKOS: But if we revocate her license, she's going to have to come back to get a new license. MR. NEALE: Right. MR. JOSLIN: Automatically. MR. NEALE: And obviously she can't get any permits if she has a revoked license, so -- you know, some of them are sort of redundant. They're -- MR. WHITE: The scope of a public reprimand, what form does that take? The thinking I have simply here is that is there some way to make known to more than just the record what has taken place? MR. NEALE: It's something that I don't think the board's ever done, but certainly one thing the board has had staff do in the past is send letters to all nearby licensing bodies about this finding. Probably -- I mean, a public reprimand could be as much as -- you know, I don't know if there's still building block still goes out or, you know, something like that. It certainly could be put in there that the board has issued a public reprimand to Ms. so and so, and -- MR. JERULLE: Your thought is -- MR. NEALE: -- put it on the website even. MR. JERULLE: -- to prevent other people from using -- MR. WHITE: Well, number one, there's that specific deterrent, but there's also the idea of a more general deterrent to those folks who would consider taking this kind of action and conducting themselves in such an irresponsible and harmful fashion to others. MR. NEALE: And I would think it would be certainly -- as part of a public reprimand, and I'm just sort of winging this one because it's a first impression for me, but I would think that the county could issue a press release sent to the media that the Contractor Licensing Board has found this and has issued -- aside from finding the fines, the Page 97 March 12, 2010 revocation or whatever, whatever the board decides on, and has issued a public reprimand to the respondent and the business then. MR. WHITE: That's exactly what I was thinking. And I'm glad to hear that there's at least the opportunity to consider it. So -- MR. JOSLIN: How would that get out? Who would -- I mean, would you be responsible or would you take the -- MR. NEALE: They could go through the public information office. MR. OSSORIO: Typically we do our own press release -- MR. JOSLIN: You do. MR. OSSORIO: -- for the licensing board. It's a form we can fill out and we can put our ad libs in it and we can send it to John Torre, the public relations director. CHAIRMAN LYKOS: If it's -- if we do a public reprimand, with the Internet these days, if somebody ever looks up her name, if there's a public reprimand, that will show up on the Internet and that's a way to get the word out and it would be there forever. MR. NEALE: And frankly, the county, I don't know if they do that, but the CDES website, it could be posted on there as well under news and notes on the CDES website. MR. BOYD: Could we send a letter to her landlord? MR. NEALE: That's -- I'm not sure about that one. I'd feel a little uncomfortable, because that gets into interfering with the business relationship that's somewhat unrelated. However -- MR. BOYD: If I owned a business like that, I certainly wouldn't want a tenant -- MR. NEALE: That's unlicensed. MR. BOYD: -- that's unlicensed and taking people's money. MR. NEALE: Yeah. Well, you know, I think the public reprimand, if it goes out in such a fashion would probably -- if they're awake, they would know that. MR. JOSLIN: Could that be just included in the motion that March 12, 2010 comes out, just have Michael -- MR. NEALE: You can certainly -- you know, one of the sanctions prescribed is a public reprimand so you -- MR. JOSLIN: We deal with how we put it out -- MR. NEALE: -- state that staff -- MR. JOSLIN: -- where we could put it out, anyplace we can find. MR. NEALE: Yeah, issues a public reprimand as appropriate. CHAIRMAN LYKOS: Okay. MR. JERULLE: I have another question. It's maybe a silly question, but is there anything we can do to help them recover any money through the contractors recovery fund? MR. OSSORIO: (Shakes head negatively.) MR. JOSLIN: Not a Tier 1 contractor. MR. NEALE: They're not a Tier 1. MR. JERULLE: There's nothing that as a board we can do to help them? MR. OSSORIO: No, unfortunately the State Recovery Fund is -- well, they have their own issues. But it's only for Tier 1 contractors, general building and residential. And that's only after they go to civil court and they follow the rules of engagement pertaining to the recovery fund. MR. NEALE: However, she will have -- you know, assuming the board grants that she would have an order of restitution, which if she takes into county court certainly is prima facie evidence that she should be able to recover. CHAIRMAN LYKOS: On a side note, there was another licensed contractor that pulled a permit for this job, and there was also some drawings that were done. Without knowing the exact time frames of everything, there's -- potentially somebody could file a lien for the cost incurred to do drawings and for pulling a permit. The person that pulled the permit wasn't in privity with the owner, so ., March 12, 2010 they'd have to file a notice to owner first. The time frame may already be too late, but there is a chance. Even if somebody went tomorrow and filed a notice to owner and tried to file a lien, the lien may not be upheld, but still, the owner's going to have to go through that stress and aggravation of dealing with that. I don't know that there's anything we can do about it, but there is a -- I mean, it wasn't a lot of money, but there is a potential for that. MR. NEALE: Well, I think the board certainly could as part of the order give -- put in the order that there's a leave to reopen this because the board, you know, has done this just today, to reopen the matter to impose additional fines and/or additional restitution, if it's shown that it's appropriate. So I think that's certainly -- CHAIRMAN LYKOS: I don't think that the dollar amounts are worth going through that process, but people can be vindictive and do things that don't always make sense financially. But there is a potential for that. I mean, right now there's an open permit on that house. MR. JOSLIN: Yeah, I was going to say. Is it still open, Michael, right now? MR. JACKSON: It is. CHAIRMAN LYKOS: If that permit doesn't get closed out, nobody else can open a permit on that residence. MR. JERULLE: Can we close it? MR. JACKSON: We've been in communication with that contractor. And I believe that is what's going to happen is that permit's going to be canceled by him. CHAIRMAN LYKOS: I just don't want to see Mr. and Mrs. Laczi get an invoice -- MR. JACKSON: Understood. CHAIRMAN LYKOS: -- under permit fees and the drawings that were done. MR. JACKSON: We've been in communication with him. Page 100 March 12, 2010 CHAIRMAN LYKOS: Okay. Well, I understand you've been in communication with him. MR. WHITE: Well, based on today's action, I'm assuming you're going to call and let him know. MR. JACKSON: I'll be in further communication with him. CHAIRMAN LYKOS: Okay. Well, seems like we hashed this out pretty well. We just need a motion with these recommendations and then we can move forward. MR. JOSLIN: I'll make a motion that in the Case No. 2010 -01, license number 32941, Maharay Borrego, d/b /a Mary's Kitchens and Interiors, Inc., found guilty of the charges; that her license be as of today revoked; that she be ordered to pay $5,750 in restitution; that she be ordered to pay $1,000 investigative costs to Collier County Licensing; and she be also assessed a fine of $10,000; and that she be placed on public reprimand to any extent that we can send to the media. MR. LANTZ: I'd like just a modification to that. I'd like to have interest on the restitution of 18 percent a year from the date the checks are written. MR. WHITE: Whatever statute -- MR. LANTZ: Whatever it is. MR. NEALE: Yeah. MR. JOSLIN: And interest added to the restitution, the legal fee. CHAIRMAN LYKOS: Okay, so you agree to the amendment? MR. JOSLIN: Yes. CHAIRMAN LYKOS: And you're seconding it? MR. WHITE: I'll second with those changes and ask for two other favorable ones: One, within 30 days that the rest -- that the fine be paid -- excuse me, that the fine and the $1.,000 administrative costs be paid within 30 days. That's typically what we -- MR. JOSLIN: Okay, yes. That these -- all the fees be paid within a 30 -day period. Fines, restitutions and the investigative costs. Page 101 March 12, 2010 MR. JERULLE: Did you say revocation of the license? MR. JOSLIN: Revocation of the license. CHAIRMAN LYKOS: Immediate. MR. JOSLIN: Immediate, effective today. CHAIRMAN LYKOS: Okay. So let me restate this to make sure we're all on the same page. I have it in a different order than you. MR. JOSLIN: Okay. CHAIRMAN LYKOS: Public reprimand; investigative costs of $1,000 due in 30 days; fine of $10,000 due in 30 days; restitution of $5,750 plus interest at the maximum level allowed by law due within 30 days; and immediate revocation of license. MR. JOSLIN: Correct. CHAIRMAN LYKOS: Does that sound right? MR. JOSLIN: Yeah. MR. WHITE: May I ask, Mr. Chairman? CHAIRMAN LYKOS: So that was the motion. MR. JOSLIN: That's the motion. CHAIRMAN LYKOS: Either Kyle or Patrick seconded it. You can pick one, whichever works for you. Okay, is there any further discussion'? MR. LANTZ: I just have a question. CHAIRMAN LYKOS: Kyle. MR. LANTZ: If 10 years from now she applies for another license, is it automatically going to have to go to the board -- MR. NEALE: Oh, yeah. MR. LANTZ: -- because it was previously revoked? CHAIRMAN LYKOS: Richard will be here. MR. JOSLIN: Probably. MR. NEALE: I'll still be representing the board. CHAIRMAN LYKOS: A lot of people here now today will still be here 10 years from now, God willing. Okay. Page 102 March 12, 2010 MR. ZACHARY: I'll be fishing somewhere. CHAIRMAN LYKOS: Any other discussion? (No response.) CHAIRMAN LYKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: Opposed? (No response.) CHAIRMAN LYKOS: Okay. This cause came on for public hearing before the Contractors Licensing Board on March -- should I say both dates? MR. NEALE: Yes. CHAIRMAN LYKOS: February 17th and continued to March 12th for consideration of the administrative complaint filed against Maharay Borrego d/b /a Mary's Kitchens and Interiors, Incorporated. License number 32941. Service of the complaint was made in accordance with Collier County Ordinance 90 -105, as amended, that the respondent was in attendance at the earlier portion of this hearing and had adequate notice of the continuation to today and was not present today. The board, having had at this hearing heard testimony under oath, received evidence and heard arguments respective to all appropriate matters, thereupon issues its findings of fact, conclusions of law and order of the board as follows: Maharay Borrego d/b /a Mary's Kitchens and Interiors, Incorporated, is the holder of record of license number 32941; 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 Maharay Borrego Page 103 March 12, 2010 was present at the public hearing and was not presented (sic) by counsel at the hearing on February 17th and March 12th. All notices required by Collier County Ordinance No. 90 -105 -- yes, sir? MR. NEALE: One thing. She was not present today, she was present in February. CHAIRMAN LYKOS: You want me to say it again there? MR. NEALE: Yeah. CHAIRMAN LYKOS: Okay. That she was present at the February 17th meeting and was not present at the March 12th meeting and was not represented by counsel. All notices required by Collier County Ordinance No. 90 -105, as amended, have been properly issued and were personally delivered. The respondent acted in a manner 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 I, 4.1.8, committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct includes but is not limited to any of the following. 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 Count I, 4.1.8, are approved, adopted and incorporated herein to wit: The respondent violated Section 4.1.8 -- committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct includes but is not limited to any of the following -- of Collier County Ordinance 90 -105, as amended, in the performance of his contracting business in Collier County by acting in violation of the section set out in the Administrative Complaint with particularity. Page 104 March 12, 2010 Order of the board: Based upon the foregoing findings of fact and conclusions of law and pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90 -105, as amended, by a vote of seven in favor and zero opposed, a majority vote of the board members present, the respondent has been found in violation as set forth above. Further it is hereby ordered by a vote of seven in favor and zero opposed, a majority vote of the board members present, that the following disciplinary sanctions and related order are hereby imposed upon the holder of contractor Certificate of Competency number 32941: That the county issue a public reprimand; that the respondent pays investigation cost of $1,000 within 30 days; that fines be levied in the amount of $10,000, payable within 30 days; that restitution be paid in the amount of $5,750 plus interest at the maximum rate allowable by law; and that the respondent's license be revoked immediately. MR. OSSORIO: Mr. Chairman, that's a vote of six to zero. CHAIRMAN LYKOS: I'm sorry. MR. NEALE: Mr. Meister did not. CHAIRMAN LYKOS: So a vote of 6 -0. Any other reports? MR. OSSORIO: Wednesday, April 21st. CHAIRMAN LYKOS: That's our next meeting. MR. OSSORIO: Correct. MR. NEALE: It's my birthday. CHAIRMAN LYKOS: I need a motion to adjourn. MR. JERULLE: So moved, Jerulle. MR. LANTZ: Second, Lantz. CHAIRMAN LYKOS: All in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. Page 105 MR. MEISTER: Aye. CHAIRMAN LYKOS MR. JOSLIN: Aye. CHAIRMAN LYKOS gentlemen and ladies. March 12, 2010 Aye. We are adjourned. Thank you, There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:20 p.m. CONTRACTOR LICENSING BOARD THOMAS LYKOS, 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. Page 106 F /NDER,S DAlIX WEEKLY :Z / I I 11 _ --.- NO OF WoFlKERS � lOI3 DE GCRIPI ION .DAY illMl I JOB ADDFlESB SIFE PHONE I � E WORK ORDER ro1A T Ik1H� Fell SAT � 'iIIN ,..II louq„ UE,�WFI� NAMk I ON 1 tI; 1 I f i I III � I I � _. � _ S I DAILY TICK[ r a HOUR MINIMUM PER ORDER (PERSON)' TOTAL HOURS H06RS w roTAL HouH ; I __ :_. _._ __ •r� _. 1 COLUMN. 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REST PERIOOSHAVE BEENTPROVIOEO TO WORKERG FI AN�TORILY PERFORMED BERVICE9 FORTHEHOURSSHOOWN ABOVE CUSTOMER CERTIFIESTHAT ALLMEALOAND LAW. CUSTOMER ACKNOWLEDGES THAT AGENT WHO SIGNS WOflK ORDER IS EXPRESSLY AUTHORIZED TO DO S0. REQUIRED BV STATE 1.IC0 iii rev v... .... .. ... _.._ THE ABOVE HOURS ARE CORRECT AND THE c 15 L Cl a � P��3 ra��� %eC AUTHORIZED SIGNATURE PRINT NAME 8 TITLE NO. OF A�ERSEEDED TIME NEEDED .• YES NO LABOR FINDERS COPY SKILL VERIFICATION & SUPERVISION REQUIRED BY CUSTOMER. ,FPa-oIo -0a e aoro- oa 64n �-ar iv WORK ORDER _ o �r n V��® � �c Iii��� DAILY WEEKLY ❑ � ��- 21 -3210E @3/11/2010 09:1B FiM Pace I Of 1 Reprinted On _ LFI Ft. Pierce, Inc. (Naples) 3305 fyaYshOre Drive, '." DAY TIME - p_OF, WORKERS r �;. JOB DESCRIPTION DATE s t JOB ADDRESS C 27 Front Street - 2i FL arcO Island, - 341w� JOB NAME .. SITE PHONE REPORTTO ( }391 438 - MON TUES WED THUR FRI SAT SUN �.. 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CUSTOMER ACKNOWLEDD HAS BEEN A m THE ABOVE HOURS ARE CORRECT AND THE LRFORMED WORK // �.����L- ,r'.c'jl �C' -%\ AUDIORIZEO SIGNATURE PRIM N 8 LE NO.OF KERS NEEDED TIME NEEDED f ., V • • • • YES El NO o REMARKS \. aoro- oa 64n �-ar iv W c N m N rr N m m �a w (O m O m J N m 0 N h'1 (D A N O_ O O 'm J0430 suoileoijddy lsal spico Raualadwo� a O n O O O p O Z �0 Z 0 Z 0 2 0 0 -1 D z z -i0 D z z z z D Z Z D O D D D D O N ;u Z D D D D D O n m O O O O O O O O O O O O 7] ZI A xl A T 7J A A A U5 N cn 6 rn rri rn m ti rn w w cb rn 6 w x m C m r n m 0 n O r 0 O r m D r O D m m m O Z C m z m m Z M x N N m Fn n A N N Z m m m 'n m0 `E D m N T m N m Vl N -D+ m Z c Q Z m m m c Q c Q m r r n m m o N m o o n m fii d n O _ _ C w A O P V V O V U O U Lb U O U W O O D 0 cv O A_ N EA 69 M (ill EA fp p N 01 W J W O � O O O m m U N N CO 0 0 N (T O> U fly U W W W j W A N C U J A J A W U V V V O N A O Z D O < A N w d F» b> cry sv 3 0 N O En U y� yi w bq W W V N yi � N N C U O U U A N A O O O O U O O O O U O V N 1 A N N C 0 i D � A + J fA EA N fR fA V U y A bq W N N O U � yi J A C w O U O N U V O O W tT U V O A V 01 O O O] O O O O O U O U n two U U N V W W t0 U N A U N C � U U O U O O w N U (O (O W N O U L d D � A o fA fR fA fA N fA fA fA di 3 � _ N J U O N V U V V V J U N U O N W Co O U W U O U O O U O O O O U O 0 N > C > N D cr W W U U W U O O O O O O O O U U A O C i f0 N MW W W W m W N U A r U N V 7 D n A n N EA » f9 EA fA fA » EA EA fA 3 0 U V Fp A N A A O E� ty N U C m W A A + A A A m W m W U O + A N W N U [T U w W U U O V O U O O U O O U U U A ON V tp O A U W O O U W U U w N N W O O (O ml W O tb W U O O U O D FA � F✓ 0 N U fA O A W _ N_ N_ A t0 U EJi U (D O N U 0 C �p N O J N (O Cn W + V V J [O OJ N Ol +> w N U U O N O O O 0 d A N 0 A A D 3 m O O N O O t0 O W tJ N O O O C rc, w X CD O �t 0 W n �h 0 ,- V/ _r CD C 0 �h \T /mv CD O 7 N rt m N j`1 N N X O O Z E 1 4 � ! w Q y .y M I O Ic in in n i h: ORDINANCE NO. 2006 -_ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90 -105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE; AMENDING SECTION 1.3.1 OWNER- BUILDERS, TO INCREASE THE MAXIMUM EXPENDITURE LIMIT TO $75,000, TO ALLOW FOR THE REPAIR OR REPLACEMENT OF CERTAIN ROOF SHINGLES AND TO PROVIDE FOR A DISCLOSURE STATEMENT; AMENDING SECTION 1.3.2 PUBLIC WORKS, EXEMPTING CERTAIN EMPLOYEES OF GOVERNMENTAL AGENCIES FROM THE REQUIREMENTS OF THIS ORDINANCE; AMENDING SECTIONS 1.6.1.1 THROUGH 1.6.3.48, REMOVING THE SPECIFIC TIME REQUIREMENTS FOR TESTING AND ADDING THAT TESTS BE APPROVED ACCORDING TO SECTION 2.6 OF THIS ORDINANCE; FURTHER AMENDING SECTION 1.6.2.11 STRIKING THE EXCLUSION OF LIQUID PETROLEUM GASES; FURTHER AMENDING SECTION 1.6.3.25, TO ADD REQUIREMENTS FOR NEW APPLICANTS FOR THIS LICENSE; FURTHR AMENDING SECTION 1.6.3.48 TO ADD REQUIREMENTS FOR NEW APPLICANTS FOR THIS LICENSE; AMENDING SECTION 2.5.4.6 ADDING MISSING LANGUAGE AT THE END OF THE PARAGRAPH; AMENDING SECTION 2.6 TO REFLECT THE RECOGNITION OF ADDITIONAL TESTING AGENCIES; AMENDING SECTION 2.11.2 ADDRESSING THE ISSUANCE OF TEMPORARY LICENSES; ADDING SECTION 4.1.8.2, ADDRESSING FINANCIAL HARM CAUSED BY CONTRACTORS CAUSING CUSTOMERS TO SEEK A VARIANCE OR ADMINISTRATIVE REMEDY; AMENDING SECTION 4.3.2 ELIMINATING THE ADMINISTRATIVE FEE FOR COMPLAINANTS; AMENDING SECTION 4.3.5.1.(0, INCREASING MAXIMUM FINES TO TEN THOUSAND DOLLARS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain provisions of this Ordinance are being amended at the discretion of the Board of County Commissions upon recommendations from staff, area contractors and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ORDINANCE NO. 90 -105, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: PART ONE: CERTIFICATES OF COMPETENCY REQUIRED. LL Unlawful to Contract without a Certificate of Competency. It shall be unlawful for any person, firm, partnership, corporation or other legal entity to: engage in any construction contracting business, advertise or represent himself/herself or a business organization as available to engage in any construction contracting business, or act in the capacity of a contractor or subcontractor for any of the trades listed in Section 1.6 of this Ordinance, within the unincorporated area of Collier County and the incorporated area within the boundaries of the City of Naples and within the City of Marco Island, without having first made application for and having been issued a current and valid Collier County /City Certificate of Competency or an applicable State Certified License. If a Certificate of Competency is required under this part any contractor or sub - contractor without the necessary certificates shall be considered unlicensed and -I- Words underlined are added; words .,...a.:- ..hFaugh are deleted. UNIA ENSE^ Nothing herein shall be construed to mean that there cannot be employees in a trade who are not qualified or certified within the definitions herein set forth if such employees are employed by a licensed contractor who exercises supervision and control over said employees. Indicia of an employment relationship shall include the employer's regular payment of wages and compensation, FICA deductions, tax withholding and provision of Workers' Compensation to the employees, all as prescribed by law. 1.2. Building Permits. 1.2.1. No building permit shall be issued for the construction, alteration, or repair of any structure unless the applicant for the permit possesses a current Collier County /City Certificate of Competency, an applicable State Certified License, or is exempt from the operation of this Ordinance. 1.2.2. It shall be unlawful for any owner - builder to procure a building permit and to use said permit with the intent to aid or abet an unlicensed contractor to perform the permitted construction, alteration, or repair. Such conduct shall be punishable as a violation of this Ordinance and the permit and inspection shall be considered invalid for that portion of the construction related to the violation. 1.3. Exemptions. 1.3.1. Owner - Builders. The provisions of this Ordinance shall not apply to owners of property when acting as their own contractor and providing all fnatenal SHPer.;S;8, -the ffi °sely , the Beetipaney of use of such ownefs and not E)A�Fed fni: sale of lease. in a!! aetions bfeeigint under Seenan 1.1 of this Ordinanee, pFeef of the sale oF lease, of offeFiHg f�F sale aF !ease, a". prima faoie evidenee that the eansinuenon was andeFtaken fi)F Innpeses 4 sals or Wass. This eeninaeter. This exemptien does net apply to my type of eemffiefeial building. Te quidify f4 e�ieffipnen undeF this Subseetion, an ewneF must personal!) appear and sign the building penns-4 one family OF t"E) family home in any thnee (3) yeaF pened shall be pfimg tneie evidenee ef direct, onsite supervision themselves of all work not Performed by licensed contractors 2 Words,,;.uek da9Hg are deleted, words underlined are added. (a) When building or improving farm outbuildings or one family or two family residences on such property for the occupancy or use of such owners and not offered for sale or lease, or building or improving commercial buildings at a cost not to exceed $75,000, on such property for the occupancv or use of such owners and not offered for sale or lease In an action brought under this part proof of the sale or lease or offering for sale or lease of any such structure by the owner- builder within 1 Year after completion of same creates a presumption that the construction was undertaken for purposes of sale or lease (b) When repairing or replacing wood shakes or asphalt or fiberglass shingles on one family, two - family, or three - family residences for the occupancy or use of such owner or tenant of the owner and not offered for sale within 1 Year after completion of the work and when the property has been damaged by natural causes from an event recognized as an emer ency situation designated by executive order issued by the Governor declaring the existence of a state of emergency as a result and consequence of a serious threat posed to the public health safety, and Property in this state This subsection does not exempt any person who is employed by or has a contract with such owner and who acts in the capacity of a contractor. The owner may not delegate the owner's responsibility to directly supervise all work to any other person unless that person is re istered or certified by the State or is licensed by Collier County and the work being performed in within the scope of that person's license For the purposes of this subsection the term "owners of property "_ includes the owner of a mobile home situated on a leased lot To qualify for exemption under this subsection an owner must personally appear and sign the building permit application and must satisfy local permitting agency requirements if any, proving that the owner has a complete understanding of the owner's obligations under the law as specified in the disclosure statement in this section If any person violates the requirements of this subsection the local vermittin aQencv shall withhold final anprova] revoke the permit or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued The local permitting agency shall provide the person with a disclosure statement in substantially the followine form Disclosure Statement 3 Words stmok4`feft-, are deleted; words underlined are added. 1. I understand that state law requires construction to be done by a licensed contractor ands - Formattaa: Numbered + bevel: t +� Numbering Style: 1, 2, 3, +Start at 1 + Alignment: Left + Aligned at: 0.25' + Indent have applied for an owner - builder permit under an exemption from the law. The Le 0.5' exemption specifies that 1, as the owner of the propertv listed may act as my own contractor with certain restrictions even though I do not have a license 2 I understand that building permits are not required to be signed by a property owner unless he or she is responsible for the construction and is not hiring a licensed contractor to assume responsibility. 3. 1 understand that as an owner - builder, I am the responsible party of record on a permit I understand that I may protect myself from potential financial risk by hiring a licensed contractor and having the permit filed in his or her name instead of my own name I also Words s[wek through are deleted; words underlined are added. understand that a contractor is required by law to be licensed in Florida and to list his or her license numbers on permits and contracts 4. I understand that I may build or improve a one - family or two - family residence or a farm outbuilding I may also build or improve a commercial building if the costs do not exceed $75.000. The building or residence must be for my own use or occupancy. It may not be built or substantially improved for sale or lease If a building or residence that I have built or substantially improved myself is sold or leased within I year after the construction is complete, the law will presume that I built or substantially improved it for sale or lease which violates the exemption 5. I understand that as an owner - builder, I must Provide direct onsite supervision of the construction. 6. 1 understand that I may not hire an unlicensed person to act as my contractor or to supervise persons working on my building or residence It is my responsibility to ensure that the Persons whom I employ have the licenses required by law and by county or municipal ordinance. 7 I understand that it is a frequent practice of unlicensed persons to have the Property owner obtain an owner - builder permit that erroneously implies that the property owner is Providing his or her own labor and materials I as an owner - builder may be held liable and subjected to serious financial risk for any injuries sustained by an unlicensed person or his or her employees while working on my property My homeowner's insurance m not provide coverage for those injuries I am willfully acting as an owner - builder and am aware of the limits of my insurance coverage for injuries to workers on my property. 8. I understand that I may not delegate the responsibility for supervising work to a licensed contractor who is not licensed to perform the work beintz done Any person working on my building who is not licensed must work under my direct supervision and must be employed by me which means that I must comply with laws requiring the withholding of federal income tax and social security contributions under the Federal Insurance Contributions Act (FICA) and must provide workers' compensation for the employee I understand that my failure to follow these laws may subiect me to serious financial risk 9. I agree that as the Party legally and financially responsible for this proposed construction activity, I will abide by all applicable laws and requirements that Rovem owner builders 5 Words ....,etkFB"g q are deleted; words underlined are added. as well as emplovers. I also understand that the construction must comply with all applicable laws, ordinances, building codes, and zoning regulations. 10. I understand that 1 may obtain more information regarding my obligations as an employer from the Internal Revenue Service, the United States Small Business Administration, the Florida Department of Financial Services, and the Florida Department of Revenue I also understand that I may contact the Florida Construction Industry Licensing Board at 850- 487 -1395 or mvfloridalicense.com for more information about licensed contractors 11. 1 am aware of, and consent to, an owner - builder building permit applied for in my time and understand that I am party legally and financially responsible for the proposed construction activity at the following address (address of property). 12. I agree to notify (issuer of disclosure statements) immediately of any additions deletions or changes to any of the information that I have provided on this disclosure Licensed contractors are regulated by laws designed to protect the public. If you contract with a person who does not have a license, the Construction Industry Licensing Board and Department of Business and Professional Regulation may be unable to assist you with any financial loss that you sustain as a result of a complaint. Your onlv remedy against an unlicensed contractor may be in civil court. It is also important for you to understand that if an unlicensed contractor or employee of an individual or firm is injured while working on your property, You may be held liable for damages. If you obtain an owner - builder permit and wish to hire a licensed contractor, you will be responsible for verifying whether the contractor is Properly licensed and the status of the contractor's workers' compensation coverage Before a building permit can be issued, thus disclosure statement must be completed and signe d by the property owner and returned to the local permitting agency responsible for issuing the permit. A copy of the property owner's driver license the notarized signature of the propert y owner or other type of verification acceptable to the local pcirnitting agency is required when the permit is issued. 1.3.2. Public Works. The provisions of this Ordinance shall not apply to: any - -'- Formatted: Line spacing: Double Y"hiPh is in the United States BF With FeSPOA to whieh fedeFal liam, supefsedes this Ordinanee; or 6 Words..:. ,>ek (hFoas:, are deleted, words underlined are added. an authorized employee of the United States, this state, or anv municipality, county, irrigation district reclamation district or any other municipal or political subdivision except school boards state university boards of trustees and community college boards of trustees unless for the purpose of performing routine maintenance or repair or construction not exceeding $200,000 to existing installations if the employee does not hold himself or herself out for hire or otherwise engaize in contracting extent in accordance with his or her employment If the construction remodeling, or improvement exceeds $200,000, school boards, state university boards of trustees and community college boards of trustees shall not divide the proiect into separate components for the purpose of evading this section 1.3.3. Persons Holding Current State Certified Certificates of Competency. Any person holding a current State of Florida Certified Certificate of Competency is exempt from obtaining a Collier County /City Certificate of Competency for that trade for which he /she is certified by the State, unless a local license is also required. Such person is required to possess a current occupational license issued by the Tax Collector of Collier County, and his/her performance as a contractor shall be subject to all other requirements of this Ordinance not in conflict with applicable Florida law. 1.4. Renewal of Certificates of Competency. 1.4.1. Certificates of Competency shall expire annually at midnight on September 30th of each year. 1.4.2. The Contractor Licensing Supervisor shall direct the mailing of renewal notices to all licensed contractors at least one month prior to the expiration date of the licenses. 1.4.3. Applicants for renewal must present the Contractor Licensing Supervisor or his /her designee with the- feNewtag A. Eevidence of insurance as required by this Ordinance. 1.4.4. Any individual or business organization failing to renew his or its Certificate of Competency prior to midnight on September 30th of each year shall have until midnight December 31 st of the same year to renew his or its Certificate of Competency, provided however, that in addition to payment of the standard renewal fee as required by this Ordinance, the applicant shall be charged a late fee in accordance with the schedule of fees and charges adopted by resolution pursuant to Section 2.1.5 of this Ordinance. 1.4.5. Should September 30th or December 31 st be a Saturday, Sunday, or legal holiday, the renewal period shall not expire turn I midnight of the next working day. 7 Words stpegh are deleted; words underlined are added. ' Formattetl: Indent First line: 0.5" 1.4.6. Any individual failing to renew his Certificate of Competency prior to December 31st shall be required to make reapplication pursuant to Part Two of this Ordinance. 1.4.7 Any individual who fails to renew his /her Certificate of Competency prior to December 31 ofthe year in which it expires shall have a delinquent Certificate of Competency. 1.4.8 Any individual who renews his /her Certificate of Competency by Septe ,be 30durine the period from January 1 of the year foli w followine itsg --its expiration, but a€teebefore December 31 of tha> -yeaf, shall have a suspended Certificate and thereby must pay an additional late fee in-accordance with the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must reapply in-full including updated credit reports and all other documentation required in Section 2 herein, but no re- testing shall be required. 1.4.9. Any individual who fails to renew his/her Certificate of Competency prior to December 31 of the year following its expiration shall thereby automatically have a Certificate of Competency that is null and void. To acquire a valid Certificate from the County the individual must pay the then applicable full application fee in accordance with the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must submit an entire new application. If, as of the date of receipt by the County of said new application, three (3) years have passed since the date of his /her most recent examination that the individual passed to acquire the former Certificate, that individual must pass all then applicable testing requirements. If the request is to reactivate a ds+ atrt certificate, the re- testing requirement can be waived by staff if the applicant proves that he /she has been active in the trade in another jurisdiction, or has been active as an inspector or investigator in the trade, or for other valid reason that would render such re- testing superfluous. 1.5. Contractors' Identification Required on all Advertising Mediums. 1.5.1. All contractors licensed under the provisions of this Ordinance shall be required to firmly affix and /or to display the qualifier's Certificate of Competency Number and the "Doing Business As" Name on all advertising mediums used by the contractor, including but not limited to, contracts, brochures, business cards and vehicles used in their trade or business. The minimum height of each number or letter affixed to and displayed on vehicles shall be two (2) inches. 1.6. Definitions and Contractor Qualifications. 1.6.1. Contractor means the person who is qualified for and responsible for the entire project contracted for and, except for those herein exempted, the person who, for compensation, undertakes to, or submits a bid to, or does himself or by others, any or all of the following construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others, or for resale to others, as hereinafter defined in Sections 1.6.1 through 1.6.3 of this Ordinance. 8 Words sn:uak thfough are deleted; words underlined are added. 1.6.1.1. General Contractor requires forty -eight (48) months experience with a passing grade on a-six (6) hetif an approved test and a �) he - r..r „r>� business and law test and means a contractor whose services are unlimited as to the type of work which he/she may do, except as provided in this Ordinance or in the Florida Statutes. NOTE: Also see Sect. 1.6.2. 1.6.1.2. Building Contractor requires forty -eight (48) months experience with a passing grade on a °..�.> (6) hou an approved test and a two (2) heur business and law test and means a contractor whose services are limited to construction of commercial buildings and single - dwelling or multiple - dwelling residential buildings, which commercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. NOTE: Also see Sect. 1.6.2. 1.6.1.3. Residential Contractor requires forty -eight (48) months experience with a passing grade on a six (6) hee an approved test and a two (2) hou business and law test and means a contractor whose services are limited to construction, remodeling, repair, or improvement of one - family, two - family, or three - family residences not exceeding two stories in height and accessory use structures in connection therewith. NOTE: Also see Sect. 1.6.2. 1.6.1.4. Contractor qualifications for practice and restrictions. A general, building, or residential contractor shall not be required to subcontract the installation, or repair made under warranty, of wood shingles, wood shakes, asphalt or fiberglass shingle roofing materials on a new building of his own construction. Further, a general contractor on new site development work, site redevelopment work, mobile home parks, and commercial properties, shall not be required to subcontract the construction of the main sanitary sewer collection system, the storm water collection system, and the water distribution system, not including the continuation of utility lines from the mains to the buildings. Further, as to mobile home parks, the general contractor shall not be required to subcontract the continuation of utility lines from the mains, and the continuations are to be considered a part of the main sewer collection and main water distribution systems. However, no general, building or residential contractor state certified after 1973, shall act as, hold himself/herself out to be, or advertise himself /herself to be a roofing contractor unless he /she is certified or registered as a roofing contractor. 1.6.1.5. A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and excavation contractor may perform clearing and grubbing, grading, excavation, and other site 9 Words q are deleted; words underlined are added. work for any construction project in the state. Any certified building contractor or certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located. 1.6.1.6. A general contractor shall not be required to subcontract structural swimming pool work. 1.6.2. Subcontracting; Subcontractors. A contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for which a local examination for a Certificate of Competency or a license is required, unless such contractor holds a Certificate of Competency or license of the respective trade category, as required by the appropriate local authority. 1.6.2.1. Sheet Metal Contractor requires twenty -four (24) months experience and a passing grade on agym an approved test and a passing grade on a ✓- we-(2) WU business and law test and means any person whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, but not limited to, fiberglass, used in lieu thereof and of air - handling systems including the setting of air - handling equipment and reinforcement of same and including the balancing of air - handling systems and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system. This definition and qualifications does not include roofing. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.2. Roofing Contractor requires thirty -six (36) months experience, a passing grade on a three (3) hou an approved test and a passing grade on a ^°° 'moo business and law test and means any person whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing and roof waterproofing and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. 1.6.2.3. Mechanical Contractor requires forty -eight (48) months experience as a licensed Journeyman or equivalent, a passing grade on x(6`m an approved test and a passing grade on a VA,9 (2) heii business and law test and means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, 10 Words srFuak thfougk are deleted; words underlined are added. refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air - distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and natural gas fuel lines within buildings; to disconnect or reconnect power and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.4. Class A Air Conditioning Contractor requires thirty -six (36) months experience as a licensed Journeyman or equivalent with a passing grade on a c:x (6) -hear- an approved test and a passing grade on a twe (2) hisu business and law test and means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system, boiler and unfired pressure vessel systems and all appurtenances, apparatus, or equipment used in connection therewith; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to disconnect or reconnect power wiring and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include 11 Words are deleted; words underlined are added. any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring on the line side of the disconnect switch. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.5. Class B Air Conditioning Contractor requires thirty -six (36) months experience as a licensed Journeyman or equivalent with a passing grade on a s; hou - an approved test and a passing grade on a two (2) hour business and law test and means any person whose services are limited to twenty -five (25) tons of cooling and five hundred thousand (500,000) BTU of heating in any one system in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system being installed under this classification; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and insulation of pipes, vessels, and ducts; to disconnect or reconnect power wiring and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring on the line side of the disconnect switch. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.6. Class C An Conditioning Contractor requires twenty -four (24) months experience as a licensed Journeyman or equivalent with a passing grade on n- (for an approved test and a passing grade on a N,o (2) hou business and law test and means any person whose business is limited to the servicing of air conditioning, heating, or refrigeration systems, including duct alterations in connection with those systems he /she is servicing, which may include duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.6.1. Journeyman Air Conditioning License Holder requires four (4) years as apprentice, a passing grade on a six (6) heki an approved test, and means those qualified to 12 Words ^...rusk theeag, are deleted; words underlined are added. perform work in the Air Conditioning Trade while employed or supervised by an air conditioning or mechanical contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the mechanical trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.1455, Florida Statutes. 1.6.2.7. Commercial Pool /Spa Contractor requires thirty -six (36) months experience with a passing grade on a111-°° (fur an approved test and a passing grade on a twe (2) hou business and law test and means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any swimming pool, or hot tub or spa, whether public, private, or otherwise, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool /spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool /spa equipment, and also includes the scope of work of a swimming pool /spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. 1.6.2.8. Residential Pool /Spa Contractor requires twenty -four (24) months experience with a passing grade on thfee (3) "eti an approved test and a passing grade on a t° '. °.o- 2 � business and law test and means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any residential swimming pool, or hot tub or spa, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool /spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool /spa equipment, and also includes the scope of work of a swimming pool /spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated 13 Words strxek thFangl are deleted; words underlined are added. with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool of spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. 1.6.2.5.1. Non - Recreational Pond Waterfall Fountain Contractor requires twenty -four (24) months experience with a passing grade on a two (2) houe business and law test and means any person whose scope of work is limited to the construction of non - recreational ponds, waterfalls and /or fountains. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water lines, or to any electrical installation. 1.6.2.9. Swimming Pool /Spa Servicing/Repair Contractor requires 24 months experience with a passing grade ona -thfee (3) ea an approved test and a passing grade on a twe (2) hati business and law test and means a contractor whose scope of work involves, but is not limited to, the repair and servicing of any swimming pool, or hot tub or spa, whether public or private, or otherwise, regardless of use. The scope of work includes the repair or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool /spa equipment, interior refinishing, the reinstallation or addition of pool heaters, the repair or replacement of all perimeter piping and filter piping, the repair of equipment rooms or housing for pool /spa equipment, and the substantial or complete draining of a swimming pool, or hot tub or spa, for the purpose of any repair or renovation. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, substantial or complete disassembly, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, substantial or complete disassembly, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. 1.6.2.9.1. Swimming Pool/Spa ,Sewieieg- Cleanine Contractor requires twenty -four (24) months experience with a passing grade on a twe -(2) heu business and law test and means any person whose scope of work includes servicing or water treatment of any public or private swimming pool, hot tub or spa, and, subject to Section 487.0437, Florida Statures, may include direct infusion of chlorine gas. These contractors may disassemble equipment permanently 14 Words stvuek through are deleted; words underlined are added. attached to or associated with the respective pool or spa for the purpose of water treatment or cleaning the pool or spa. 1.6.2.10. Journeyman Plumber License Holder requires (4) years as apprentice, a passing grade on °.. ' e an approved test, and means those qualified to perform work in the plumbing trades while employed or supervised by a plumbing contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the plumbing trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.1455, Florida Statutes. 1.6.2.11. Plumbing Contractor requires twenty -four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a ^` %a* an approved test and a passing grade on a twe -(2) heue business and law test and means any person whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or when not prohibited by law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law, design the following without obtaining any additional local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities; venting systems; public or private water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas (exeluEli g .'q_ el retre'.euna e,.; es), and storm and sanitary sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes the design, when not prohibited by law, and installation, maintenance, repair, alteration, or extensions of air - piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire line standpipes and fire sprinklers to the extent authorized by applicable law; ink and chemical lines; fuel oil and gasoline piping, except bulk storage plants; and pneumatic control piping systems, all in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable. The scope of work of the plumbing contractor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified herein as being the work of a trade other than that of a plumbing contractor. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.2.11.1. Journeyman Electrician requires four (4) years as an apprentice, a passing grade on a c;x (6) ho - an approved test, and means those persons qualified to perform work in the electrical trades while employed or supervised by an electrical contractor. This provision 15 Words .� „4ike -}, are deleted; words underlined are added. does not apply to any individual who then holds a valid, active journeyman's license in the electrical trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.5335, Florida Statutes. 1.6.2.12. Electrical Contractor requires twenty -four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a st3i (6) hou an approved test and a passing grade on a two (2) hose business and law test and means a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways (including alarm system raceways if the contractor is then registered with the State), conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting. The term electrical contractor does not qualify any person, firm or corporation for the installation of fire alarms which requires a separate state license. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.3. Specialty Contractor means any person who assumes responsible charge and direction in the performance of construction work requiring special skills, and whose principle contracting business involves the use of specialized building trades and crafts usually a minor part of a complete structure. Available categories of Specialty Contractors and their requirements are 1.6.3.1. Acoustical Contractor requires twenty -four (24) months experience with a passing grade on a t e (2) hear business and law test and means any person who is qualified to install, maintain, repair, and alter acoustical materials. The scope of work permitted under this classification shall include, but not be limited to, the installation of grid work used to support acoustical panels, including luminous ceiling panels. 1.6.3.2. Aluminum Contractor Including Concrete requires twenty -four (24) months experience with a passing grade on a thimeR,.� "tea an approved test and a passing grade on a twe (2) hee business and law lest and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms and portable metal or vinyl partitions. These contractors may form, place on grade reinforcing steel and miscellaneous steel, and pour, place, and finish 16 Words Soki& thFGugh are deleted; words underlined are added. non - structural concrete on grade only, incidental to an aluminum accessory structure and or screen enclosures. 1.6.3.3. Aluminum Contractor requires twenty -four (24) months experience with a passing grade on a "imee ( `.> ou an approved test and a assin grade on a p g g twe{2) -hevF business and law test and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms, screen enclosures, and portable metal or vinyl partitions. 1.6.3.4. Alarm System Contractor requires twenty -four (24) months experience with a passing grade on a'u-- ,eu- an approved test and a assin grade on a p g gr twe- () het* business and law test and means a person whose business includes the execution of contracts requiring the ability, experience, science, knowledge, and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation. a. Alarm System Contractor I means an alarm system contractor whose business includes all types of alarm systems for all purposes. b. Alarm System Contractor 11 means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes. c. Alarm System means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency. d. Burglar Alarm Contractor means an alarm system contractor whose business is limited to the installation of burglar alarms in single - family homes and two - family homes, mobile homes, and small commercial buildings having a square footage of not more than 5,000 square feet. 1.6.3.5. Cabinet Installation Contractor requires twenty -four (24) months experience with passing grade on a twe -(2) hou business and law test and means any person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work shall include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items which have been manufactured for installation on job site locations. 1.6.3.6. Carpentry Contractor requires thirty -six (36) months experience with a passing grade on a thfee (3) heu an approved test and a passing grade on a twa (°) hau- business and law test and means those who have the knowledge and skill to install any wood and metal products including, but not limited to, rough framing, wood structural wood and metal non - structural trusses, sheathing, paneling, trim, metal framing, and cabinetry, excluding windows. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 17 Words stFaak 4retio are deleted; words underlined are added. 1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience with a passing grade on a P ° '�..e - (2) ' ., - e business and law test and means any person who is qualified to install, repair, adjust or extend garage doors. 1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system, the contractor shall be certified by the Florida State Fire Marshal's office. 1.6.3.9. Concrete Forming and Placing Contractor requires thirty -six (36) months experience with a passing grade on a th-t„ '.0 an approved test and a passing grade on a twe (2) -hem business and law test and means those who are qualified to batch and mix aggregates, cement, and water to agreed specifications, to construct forms and framework for the casting and shaping of concrete to place miscellaneous embedded steel and to pour, place, and finish concrete. This category does not include the plastering of the interior of a pool. e (2) hew busifless lifid law test and means these whe aFe qualified to pauir plaee and finish (fleOFS, slab on s ......uve..nt. y,uo...::.6 va the �mei'xrn'- m-apeal. 1.6.3.11. Concrete Contractor (restricted to pneumatically placed concrete) requires twenty -four (24) months experience with a passing grade on a "hFee (3) -hau an approved test and a passing grade on a twe -(2) heef business and law test and means those who are qualified to use and maintain pressure equipment, mix material and apply according to building codes. 1.6.3.12. Decorative Metal Contractor requires twenty -four (24) months experience with a passing grade on a Fha (2) hour business and law test and means those who are qualified to fabricate and install decorative metal fixtures; such work should be decorative in nature and non- structural in function; the materials used in the manufacturing and installation of said products may be of ferrous or non - ferrous materials. 1.6.3.13. Demolition or Wrecking Contractor requires thirty -six (36) months experience with a passing grade on H threes ) ;oar an approved test and a passing grade on a two (2) hOH business and law test and means those who are qualified to demolish structures such as dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and explosives is not permitted under this category. 18 Words skwek- through are deleted; words underlined are added. 1.6.3.14. Dredging Contractor requires thirty -six (36) months experience with a passing grade on H thfe°',,. ',,if an approved test and a passing grade on a two (2) ho - r business and law test and means any person who is qualified to operate hydraulic dredging equipment which digs and removes material by pump and which deposits the pumped material at a fill location in one operation. 1.6.3.15. Drywall Contractor requires thirty -six (36) months experience with a passing grade on a "--°�ar an approved test and a passing grade on a twe- (2) -heee business and law test and means those who are qualified to install gypsum drywall products to wood and metal studs, wood and steel joists, and metal runners in buildings of unlimited area and height. The scope of work shall include the preparation of the surface over which the drywall product is to be applied, including the placing of metal studs and runners and all necessary drywall preparation trim and shall include the placement of fire safing and fire stopping materials as part of the overall drywall contract, plastering not included. 1.6.3.16. Hurricane Shutter /Awning Contractor requires twenty -four (24) months experience with a passing grade on ^ °a-� "� an approved hurricane shutter installer test and a passing grade on a twe (2) hou t: business and law test, and means, those who are qualified to install, maintain, repair or replace shutters and awnings that are designed to protect residential and commercial buildings from hurricane and storm force winds and windborne debris all in accordance with Collier County amendments to the Applicable Building Code, as amended from time to time. Any electrical work connected with the installation of the shutters or awnings must be done by a licensed electrical contractor. Only nonstructural adjustments to existing openings may be performed as part of the work. Contractors who hold current Collier County Aluminum Contractor Including Concrete or Aluminum license on the effective date of this amendment are not required to pass this test, but must apply for this Certificate not later than one (I) year from the effective date of this amendment. 1.6.3.17. Epoxy Stone Contractor requires twenty -four (24) months experience with a passing grade on a+ our business and law test and means those who are qualified to batch and mix aggregates, epoxy, hardener, and gravel to specifications or to construct forms and framework for the casting and shaping of epoxy and aggregate, or to pour, place and finish over concrete base. 1.6.3.18. Excavation Contractor requires thirty -six (36) months experience and a passing grade on a " Fee (3) hems- an anoroved test and a passing grade on a two (2) heu business and law test and means any person who is qualified to excavate to obtain or remove materials such as rock, gravel and sand; to construct or excavate canals, lakes and levees, including the cleaning of land of surface debris and vegetation as well as the grubbing of roots; and to remove debris and level surface land incidental and necessary thereto in compliance with all environmental laws, the 19 Words are deleted, words underlined are added. Building Code, and other applicable codes and regulations. Minor excavations, such as footings, backfill without compaction, and similar activities are exempt hereunder. NOTE: The use of explosives is not included in this category. 1.6.3.19. Fence Erection Contractor requires twenty -four (24) months experience and a passing grade on a two (2) heuf business and law test and means any person who is qualified to install, maintain or repair fencing or decorative prefabricated walls on grade 1.6.3.20. Floor Coverings Installation Contractor requires twenty -four (24) months experience installing the specific product and a passing grade on a two (2) heH an approved business and law test and means any person who is qualified to install carpet, sheet vinyl and /or all types of wood flooring. This category does not include, tile, marble, or terrazzo 1.6.3.21. Gasoline Tank and Pump Contractor requires forty -eight (48) months experience and a passing grade on a'"-der an approved test and a passing grade on a twe `O business and law test and means those who are qualified to install, maintain, repair, alter, or extend any above ground system used for the storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant storage). 1.6.3.22. Glass and Glazing Contractor requires twenty -four (24) months experience, a passing grade on a "f"" (3) ` u an approved test and a passing grade on a twe (2) he" business and law test, and means those who are qualified to select, cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing frames, panels, sash and door and holding metal frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitions. The scope of work shall include the installation of hurricane shutters or devices that are integral with the window system. 1.6.3.23. Insulation Contractor. a. All types except buildings - requires thirty -six (36) months experience, a passing grade on aemu an approved test and a passing grade on a twe -(2) heuF business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat, from internal or external sources on pipes, vessels, ducts, fire stopping materials, sprayed -on fire resistive materials, or built -up refrigerated boxes or rooms, and acoustical materials. b. Buildings - requires twenty -four (24) months experience, a passing grade on a th:e0 - r3-hou an approved test and a iwa (2) heH business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat from rooms or buildings. 1.6.3.24. Irrigation Sprinkler Contractor requires twenty -four (24) months experience and a passing grade onn —'° (3—; wr an approved test and a passing grade on a two (2) hou 20 Words ugh are deleted. words underlined are added. business and law test and means any person who is qualified to install, maintain, repair, alter or extend all piping and sprinkler heads used for irrigation, including any required connections to a water pump; however, such work does not include direct connection to potable water lines. 1.6.3.25. Landscaping Contractor requires twelve (12) months experience and a passing grade on a twe -(2) hew business and law test and means any person who is qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, and concrete paving units for sidewalks, patios and decks only, whether or not incidental to landscaping, prepackaged fountains, or waterfalls, provided same does not include connection to a sanitary sewer system, potable water line, or to any electrical installation, which tasks must be performed by tradesmen licensed in the relevant trade. Applicant for this license must apply for and obtain a Nursery Stock Dealer registration from the State Division of Plant Industry and must maintain such registration at all times they are licensed Landscape Contractors may contract for only removal and /or trimming of trees and/or any other combination of the authorized services. All new applicants applying for landscaping license are required to obtain a passing grade on an approved exam pertaining to pruning and safety, in addition to the business and law exam 1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person qualified and licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping and tubing, and appliances and equipment necessary for storing and converting liquefied petroleum gas into flame for light, heat, and power. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty -six (36) months experience, a passing grade on a thfe (3) hou an approved test and a passing grade on a " r '.,✓o -"emu business and law test, and means those who are qualified to build maintain and install bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and davits, and to do pile driving. Electrical service and wiring must be provided by a licensed electrical contractor. 1.6.3.28. Masonry Contractor requires thirty -six (36) months experience, a passing grade on a .r....., an approved test and a passing grade on a z.. °°o --( ) hou business and law test and means those who are qualified to select, cut, and lay brick and concrete block or any other unit masonry products, lay other baked clay products, rough cut and dtess stone, artificial stone and precast blocks, glass brick or block, but who shall not pour or finish concrete. 1.6.3.29. Paving Blocks Contractor. Requires twenty -four (24) months experience in the respective construction plus a passing grade on °moo an approved test and a passing grade on a L. a ' business and law test, and means those persons who are qualified to construct driveways, sidewalks, patios and decks, using concrete paving units. 21 Words stroehtlaeugh are deleted; words underlined are added. 1.6.3.30. Painting Contractor requires twenty -four (24) months experience, a passing grade on a `hfee (3) hou an approved test and a passing grade on a twe (2) hell business and law test and means those who are qualified to use spraying equipment as well as hand tools to finish both exterior and interior work. A painting contractor may do-TapefhaRging, sandblasting, waterproofing, and may clean and paint roofs. 1.6.3.31. Paving Contractor (commercial or unlimited) requires thirty -six (36) months experience, a passing grade on a ;rree (3emu an approved test and a passing grade on a 4we -(2) heee business and law test, and means those who are qualified with the experience and skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the excavating, clearing, and grading incidental thereto. 1.6.3.32. Plastering and Stucco Contractor requires thirty -six (36) months experience, a passing grade on ,' ,o- an approved test and a passing grade on a twq (2) heee business and law test, and means those who are qualified to coat surfaces, including lathing and drywall, with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any combination of such materials such as to create a permanent surface coating. This category does not include the plastering of the interior of a pool. 1.6.3.33. Pollutant Storage Contractor means a contractor who installs a pollutant storage tank. Said contractor must have a State Pollutant Storage License. A County Certificate of Competency is not available for this category. 1.6.3.34. Reinforced Steel Contractor requires thirty -six (36) months experience, a passing grade on a three (3) hear an approved test and a passing grade on a tee (2) -h@H business and law test, and means those who are qualified to fabricate, place, and tie steel reinforcing bars (rods) of any profile, perimeter, or cross - section, that are or may be used to reinforce concrete buildings and structures in such a manner that, under all agreed specifications, steel reinforcing bars (rods) for concrete buildings and structures can be fabricated, placed, and tied. 1.6.3.35. Roof Coating, Roof Painting, and Roof Cleaning Contractor requires twenty -four (24) months experience, a passing grade on a t.. " r- (2) hea* business and law test, and means any person who is qualified to clean, paint or coat a roof by means of pressure- operated equipment, hand application or otherwise. This category does not include roof repair. sandblasting maehine. 1.6.3.37. Satellite Dish !Hstallatian GejitfaetoF Fequifes twenty feHF (24) menths qualified te efeet, install, matfitain, repaiF, AeF ef design, whefe fiat pi:ehik.._A L., 22 Words strxektkrengq are deleted; words underlined are added. 1.6.3.38. Sealing and Striping Contractor requires twenty -four (24) months experience, a passing grade on a. we (2) heuF business and law test, and means those who are qualified with the experience and skill to seal or stripe driveways, parking lots, sidewalks, and patios. The scope of work shall include asphalt patching incidental to sealing up to twenty (20) square feet per patch in a manner that does not use a mechanical spreader or paver. 1.6.3.39. Exterior Covering by Artificial Stucco System Contractor. Applicable to exterior insulation and finish systems (EIFS), exterior one coat stucco systems, and exterior dry stock block wall systems whenever the specific system requires its own certification (approval) of the installer. EMS includes, but is not limited to, the following registered trademarks /tradenames: SUREWALL, DRYVIT, PAREX EIFS, Vitricon energix, Senergy systems, TEC Ful -O -Mite systems, Pleko systems, Thoro's EIFS systems, and USG EIFS. The applicant must prove then current approval from an authorized representative of the specific system and must have a passing grade on atwe (2) hou business and law exam. 1.6.3.40. Non - Electrical Sign Contractor requires twenty -four (24) months experience, a passing grade on a twe (2) hou business and law test, and means any person who is qualified to erect, install, repair, alter, extend or change any non - electrical sign, provided all work is performed in accordance with applicable Collier County and City ordinances. This category does not include the construction of free- standing structural signs. 1.6.3.41. Electrical Sign Contractor requires twenty -four (24) months experience, a passing grade on an approved test and a passing grade on a twee business and law test, and means any person who is qualified to install, repair, alter, manufacture, add to, or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified to erect signs. Such contractor may contract for, and take out building permits for the erection of signs. The electrical service and wiring from the electrical service to the sign disconnect must be supplied by a licensed electrical contractor. 1.6.3.42. Solar Heater Installation Contractor requires twenty -four (24) months experience, a passing grade on a `.,T hou r an approved test and a passing grade on a twe -(2) hell business and law test, and means those who have the knowledge to install, alter, repair, or replace any solar hot water heating system for residences or for residential swimming pools, including collectors, storage and expansion tanks, heat exchangers, piping, valves, pumps, sensors and low voltage controls which connect to existing plumbing stub -outs and electrical disconnects. 1.6.3.43. Structural Steel Erection Contractor requires thirty -six (36) months experience, a passing grade on u tLfee (3) hou an approved test and a passing grade on a twe -(2) hou 23 Words e Fwkthreugh are deleted; words underlined are added. business and law test, and means those who are qualified to erect structural steel shapes and plates, including such minor field fabrication as may be necessary, of any profile, perimeter or cross - section, that are or may be used as structural members for buildings and structures, and the erection of communication towers, including riveting, welding and rigging, only in connection therewith. 1.6.3.44. Structure Moving Contractor means persons who are required to be general, building or residential contractors, and who are qualified to lift and secure structures and transport said structures from one site to another, whether or not such transport is across public roads, including the proper placement of structures at a new location. 1.6.3.45. Tile and Marble Installation Contractor requires twenty -four (24) months experience, a passing grade on . ,, a "h-� "tea an approved test and a passing grade on a two (2) keae business and law test, and means those persons who are qualified to set tile, marble and stone. 1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four (24) months experience, a passing grade on a thFeA -�. e ( -.', ) hou *` an approved test and a passing grade on a two (2) hou business and law test and means those persons who are qualified to mix, prepare, and finish terrazzo, prepare the base, and set tile, marble and stone. 1.6.3.47. Underground Utility and Excavation Contractor requires forty -eight (48) months experience, a passing grade on a t ::ee (3); ou an approved test and a passing grade on a tWE) (2) -haer business and law test, and means contractors whose services are limited to the construction, installation, repair, on public or private property, whether accomplished through open excavation or other means, including, but not limited to, directional drilling, auger boring, jacking and boring, trenchless technologies, wet and dry taps, routing, and slip lining of main sanitary sewer collection systems, main water distribution systems, and storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single - occupancy commercial properties, or on multi- occupancy properties at manhole or "wye" lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. These contractors may install empty underground conduits in rights -of -way, easements, platted rights -of -way in new site development, and sleeves for parking lot crossings no smaller than two (2) inches in diameter, provided the conduit system is designed by a licensed professional engineer or by an authorized employee of a municipality, county, or public utility, and installation of such conduit shall not include installation of any conductor wiring or any connection to any energized electrical system. An underground utility contractor shall not install any piping that is an integral part of a fire protection system, as defined in 24 Words steak thFeag:, are deleted, words underlined are added. Section 633.021(7), Florida Statutes, beginning at the point where the piping is used exclusively for such system. 1.6.3.48. Tree Removal and Trimming Contractor requires twelve (12) months experience with a passing grade on a two (2) atiP business and law test and means those who are qualified to trim and remove trees and- sEuffips. All new applicants applying for tree service license are required to obtain a passing yrad e on an approved exam pertaining to tree pruning and safety, in addition to the business and law exam. 1.6.4. Contractor Licensing Supervisor means the individual who oversees contractor licensing and its investigations or presents complaints regarding licensed contractors in Collier County, Florida. This individual holds office in the Bfftldifig kek,jes r a_a Pef+Hit4jfig 9epaA ___ of the Community Development and Environmental Services Division of Collier County Government. 1.6.5. Employee means any person who works for and is under the supervision and control of a licensee, provided that said employee does not hold himself out for hire or engage in contracting except as an employee. For the purposes of this Ordinance, indicia of an employment relationship shall include the employer's regular payment of wages and compensation, F.I.C.A. deductions, tax withholding and provision of Workers Compensation to the employee by the employer, all as prescribed by law. 1.6.6. Person means a human being or a legal business organization. 1.6.7. "Contracting" means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term "contracting" shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or business entity has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or will be retained for the purpose of constructing such residences. 1.6.8. "Business organization" means any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section. 1.6.9. "Primary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control 25 Words SIFHA threngh are deleted, words underlined are added. the contracting activities of the business organization with which he -is connected; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained the building permit and for financial matters, both for the organization and in general and for each specific job; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department 1.6.10. "Secondary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. 1.7. Stop -Work Orders. If it should become known to the Contractor Licensing Supervisor that a construction project and /or contracting in Collier County or the City is being undertaken by uncertified or nonexempt persons, the Contractor Licensing Supervisor, or his/her designee, shall place a stop -work order on the relevant portion of said project until such time as a certified contractor assumes supervision of the construction project. Any uncertified and nonexempt person resuming construction prior to the removal of the stop -work order by the Contractor Licensing Supervisor shall be in violation of this Ordinance. 1.8. Experience Requirements. As a prerequisite lo, and as a requirement for, the issuance of a Collier County /City Certificate of Competency, an applicant shall submit satisfactory evidence of experience in the trade for which he/she desires certification. a. Contractors' experience shall be in that particular trade, with at least one (1) year of said experience being as a supervisor. b. Masters' experience shall be as journeymen. C. Journeymen's experience shall be as apprentices or trainees, having completed an apprenticeship program registered with the Department of Labor and Employment Security and - demonstrates 4 years verifiable practical experience in those particular trades, or demonstrates 6 years verifiable practical experience in those particular trades, except as may be authorized by apprentice programs approved by the Bureau of Apprenticeship, Division of Labor, Employment and Training of the Department of Labor and Employment Security, which are hereby incorporated by reference as the required apprentice experience. 1.8.1. To determine if the applicant possesses the experience required by this Ordinance, the Contractor Licensing Board Supervisor or his /her designee shall consider the following forms of proof of experience: 26 Words stFas!k ihFeugq are deleted; words underlined are added. a. Affidavits from former employers with specifics as to the number of years of experience, work performed and any other relevant information; b. Copies of other certificates of competency, if any, held by the applicant in other counties or cities; C. Affidavits from any building director in locations where the applicant has worked; d. Affidavits from any union organization of which the applicant has been a member relating to the trade for which the applicant has made application; C. Affidavits from any other source within the trade applied for. 1.8.2. Education at an accredited school may be presented to satisfy a portion of the experience requirements of this Section. Specifically, each full year of school -level work in the trade for which application is made shall be credited to the applicant as .75 years experience, but such credit shall be for no more than one -half of the total experience required by this Ordinance. PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE. 2.1. Applications - General. 2.1.1. Any person or business organization desiring to obtain a Certificate of Competency shall make application under oath for such Certificate and shall submit such information as is required by this Ordinance. 2.1.2. Should the applicant be a business organization, the application shall be executed by a legally authorized and empowered representative of business organization who shall show his authority to so act on the application. In addition, the application shall name a qualifying agent authorized to act on behalf of the firm in all subsequent proceedings, showing his authority: a. To act for the firm in all matters and in any manner connected with the contracting business; and b. To supervise the construction under the Certificate of Competency issued to the applicant. 2.1.3. A qualifying agent may qualify no more than one firm, practicing the same trade, without prior approval of the Contractors' Licensing Board, ° . __ — ° -° time, at the saffle 2.1.4. No application shall be considered unless the applicant supplies all information as required by this Ordinance. 2.1.5. The Board of County Commissioners shall establish and adopt, by Resolution, a schedule of fees and charges for applications for Certificates of Competency, renewals, late fees and other charges, if applicable, pertaining to this Ordinance. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications made under this 27 Words sFraek4hF d0 are deleted; words underlined are added. Ordinance. The schedule of fees and charges shall be posted in the office of the Building Review and Permitting Department of the Community Development and Environmental Services Division of Collier County Government and the City's Building and Zoning Division (Department), and the resolution establishing such fees shall be on file with the City's Clerk and the Clerk to the Board. The schedule of fees and charges may be changed in accordance with standard resolution adoption and amendment procedures of the Board of County Commissioners and repeal or amendment of the schedule shall not be subject to the procedure otherwise necessary for amendment of this Ordinance. Current fees and charges are set forth in Resolution No. 87 -108 and shall remain in effect until said Resolution is amended or superseded. 2.2. Contractor Application - Individual. Any person desiring a Certificate of Competency shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor: 2.2.1. Name of applicant, date of birth, Social Security number and driver's license number; 2.2.2. Home address and telephone number; 2.2.3. Business address and telephone number. A contractor is required to maintain an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.2.4. Name of applicant's business; 2.2.5. Applicant's proposed contracting business; 2.2.6. If applicable, verification that applicant has properly registered under the fictitious name statutes; 2.2.7. Type of Certificate of Competency for which application is being made; 2.2.8. A complete list of all outstanding debts related to the applicant's contracting business which the applicant has not paid or refuses to pay and a statement of the reasons for nonpayment; 2.2.9. Names and telephone numbers of two persons who will always know the applicant's whereabouts; 2.2.10. A statement whether the applicant has ever been convicted of a crime related to contracting and any crime of moral turpitude; 2.2.11. Applicant's business or work experience during the past ten years; 2.2.12. Any formal training in the area of competency for which application is made; 2.2.13. In addition to the aforementioned information, the applicant shall attach or submit the following information: a. A credit report compiled by a nationally recognized credit agency that reflects the financial responsibility of the applicant; 28 Words struek- through are deleted; words underlined are added. b. Affidavits as to the applicant's honesty, integrity, good business reputation and competence in the trade category for which application for a Collier County /City Certificate of Competency has been made. Said affidavits shall be in substantially the form issued by the Collier County Contractor Licensing Supervisor or his /her designee; C. Scores on the examination applicable to the license applied for, including the area of competency tested, the date of testing and the place of testing. Said examination shall have been administered by a testing agency recognized and approved throughout the State of Florida as provided for in Section 2.6 of this Ordinance. 2.3. Contractor Applications - Business Organizations. If the applicant proposes to engage in contracting as a partnership, corporation, business trust, or other legal entity, the applicant shall apply through a qualifying agent and comply with all requirements and responsibilities contained in Sections 489.119 and 489.1195, Florida Statutes. Any business organization desiring a Certificate of Competency in Collier County shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor, 2.3.1. Business organization name; 2.3.2. Business address and telephone number. , ^ ^ ^^ ^r6 hay e, an Formatted: Stdkethrough pufsuiim to this OFdiHaHee. 2.3.3. Qualifying agent; 2.3.4. Proposed contracting business; 2.3.5. Type of Certificate of Competency for which application is made; 2.3.6. Names and addresses of all partners, directors and officers; 2.3.7. Where applicable, a copy of a certificate of incorporation or proof of recorded fictitious name; 2.3.8. A list of all contracting businesses owned by the business organization during the last five years; 2.3.9. A credit report from a nationally recognized credit agency if the business organization has been in existence for more than one (1) year. If the business organization has been in existence for less than one (1) year, a credit report on every business organization in which the Applicant/Qualifier was an agent is required. If neither of the above is applicable a personal credit report on the applicant/qualifier is required. 2.3.10. A complete list of all outstanding debts related to the business organization's contracting business which the business organization has not paid or refuses to pay and a statement of the reasons for nonpayment; 29 Words straelHhrengh are deleted; words underlined are added. 2.3.11. The signature of an authorized officer of the business organization; 2.3.12. Qualifier information: a. The name of the qualifying agent and date of birth; b. The name of the business organization to be qualified; C. Type of Certificate of Competency for which application is made; d. The home address of the qualifying agent; C. The names and telephone numbers of two persons who will always know the qualifying agent's whereabouts; f. Scores on any approved examination; including the area of competency tested, the date of testing and the place of testing; g. Affidavits as to the qualifier's honesty, integrity, good business reputation and competence in the trade category for which application for a Collier County /City Certificate of Competency has been made; h. A statement whether the qualifying agent has ever been convicted of a crime related to contracting and any crime of moral turpitude; i. A complete list of all outstanding debts related to the qualifying agent's contracting business which the qualifying agent has not paid or refuses to pay and a statement of the reasons for nonpayment; j. A statement of the qualifying agent's business and work experience during the previous five years; k. A statement of any formal training possessed by the qualifying agent in the trade category for which application is made for a competency card; I, Proof that the qualifying agent is legally qualified to act for the business organization in all matters connected with its contracting business and that said qualifying agent has the authority to supervise construction undertaken by such business organization. Proof that a qualifying agent is legally qualified to act for the business organization includes, but is not limited to, authority to sign checks for the business organization, training and supervision of employees, hiring and firing of employees or other actions indicating active involvement in the business organization. 2.3.13. Background Check shall be submitted If required to register with the state background check is waived. 2.4. Master or Journeyman Applications. a. The name of the applicant and date of birth; b. Home address and telephone number; C. Business address and telephone number; d Type of Certificate of Competency for which application is being 30 Words s ae,4 arc deleted; words underlined are added. made; e. The names and telephone numbers of two persons who will always know the applicant's whereabouts; f. Scores on any approved examination, including the area of competency tested, the date of testing and the place of testing. g. A statement of the applicant's business or work experience during the past ten years; h. A statement of any formal training in the trade categories for which application is made for a competency card. 2.5. Standards for the Issuance or Denial of a Certificate of Competency. 2.5.1. Contractors. [E,,matt -d. Strikethrough The Contractor Licensing Supervisor eF4isAieF4 &Wwe, shall issue a Certificate of Competency . to the applicant if it appears, on the face of the application, as submitted by the applicant, that: a. The application is complete in accordance with the requirements of this Ordinance; b. The applicant possesses the experience required by Sections 1.6 and 1.8 of this Ordinance; C. The credit report submitted indicates no facts and circumstances which show a failure to pay contracting related bills promptly; d. The applicant or qualifier meets the requirements for financial responsibility set forth in Rules 61G4- 15.005 and 6164- 15.006, Florida Administrative Code, as they may be amended from time to time; e. The applicant meets one of the following criteria: 1) The applicant has taken and passed an examination approved and recognized throughout the State of Florida, as provided for in Section 2.6 of this Ordinance, for the area of competency for which application has been made, or Ordinance. 2) The applicant meets all licensing requirements provided for by this f. All required affidavits have been submitted; g. All required fees have been paid; h. The applicant possesses a current Collier County occupational license; and i. The applicant or the qualifying agent is at least 18 years of age. 2.5.2. Referral of Application to Contractors' Licensing Board for Decision. 31 Words snaek- thtouO are deleted; words underlined are added. If it does not appear on the face of the application that the applicant has complied with the requirements of this Ordinance so as to be eligible for a Certificate of Competency, then the Contractor Licensing Supervisor shall refer the application to the Contractors' Licensing Board for a decision regarding approval or denial of the application. 2.5.3. When an application is referred to the Contractors' Licensing Board, the Board shall take testimony from the applicant and shall consider other relevant evidence regarding whether the application meets the requirements of this Ordinance. Upon the evidence presented by the applicant and the Contractor Licensing Supervisor, the Contractors' Licensing Board shall determine whether the applicant is qualified or unqualified for the trade in which application has been made. Findings of fact and conclusions of law regarding the approval or denial of the application shall be made by the Contractors' Licensing Board. The Board may consider the applicant's relevant recent experience in the specific trade and based upon such experience may waive testing requirements if convinced that the applicant is qualified by experience whereby such competency testing would be superfluous. 2.5.3.1. If the Contractors' Licensing Board determines that an applicant is qualified for a particular type of Certificate of Competency, a competency card shall be issued by the Contractor Licensing Supervisor or his /her designee. 2.5.4. Additional Requirements, In addition to the foregoing requirements, each applicant shall submit the following information as a prerequisite to the issuance of a Collier County competency card: 2.5.4.1. The applicant's state registration number or a statement that the applicant has made application for a state registration number (anyone not required to have a state registration number by Chapter 489, Florida Statutes, is exempted from this Subsection); 2.5.4.2. The applicants' individual or business organization's United States Internal Revenue Tax number; 2.5.4.3. Proof of insurance as required by Section 2.8 of this Ordinance; 2.5.4.4. A statement that the applicant has or will comply with all Workers' Compensation laws of the State of Florida prior to contracting in the City and in Collier County; 2.5.4.5. Where applicable, a statement that the applicant has registered his fictitious name with the Florida Department of State, Fictitious Name Filing Section, as required by Section 865.09, Florida Statutes; 2.5.4.6. When a Certificate of Competency is issued in the name of a business organization, the certificate shall be in the name of the business organization and the name of the qualifying agent shall be noted thereon. The requirements of this Section shall be deemed to be a portion of the application and any false statement made by an applicant as to information 32 Words ....o.,,,<through are deleted; words underlined are added. required by this Section shall be grounds for discipline as provided for in Section 4.3 of this Ordinance. 2.6. Approved Examiners. The approved examiners for the purpose of administering proctored exams as required by this Ordinance aLe :� "co �.: o, nn w� r�r. Sg� e. �.. c.:::.c,... °, °, :: ,, .v any ache testing agency with compairahle testing standards recognized and approved throughout the State of Florida and also approved by the Collier County Contractors' Licensing Board. 2.7. Examinations. A minimum passing grade of 75% shall be required on all examinations. Examinations shall be specific to the trade category for which application for a Certificate of Competency has been made. Said examinations shall be proctored and graded by a testing agency meeting all the requirements of Section 2.6 of this Ordinance. When a Certificate of Competency becomes void pursuant to Section 1.4.9 herein, all previous examination scores shall be disregarded except when the most recent relevant examination was taken and passed within three (3) years of the date of receipt of the new application, pursuant to Chapter 489, Florida Statutes, 2.8. Insurance. All licensed contractors shall maintain liability and other categories of insurance, as required by Florida law, at all times. Such insurance shall be with an insurance company authorized to do business in the State of Florida. The minimum limits of liability insurance required shall be not less than $100,000 for bodily injury and $25,000 for property damage or any higher minimums as required by Florida law. All licensed contractors shall maintain applicable Workers' Compensation insurance as required by Florida law and/or federal law, including, but not limited to, the provisions of the Federal Employers' Liability Act, the Longshoremen's & Harbor Workers' Compensation Act, the Defense Base Act, or the Jones' Act. 2.9. Dormant Status. 2.9.1. Any person or firm that holds a valid Collier County /City Certificate of Competency may place the Certificate of Competency on dormant status during which time said person or firm /entity shall not engage in contracting in Collier County, but may retain the certificate on a dormant status basis provided timely payment is made of an annual renewal fee as set forth in Section 2.1.5 of this Ordinance and applicable resolutions enacted by the Collier County Board of County Commissioners. 2.9.2. Persons or business organizations desiring to renew dormant certificate may do so by complying with the requirements of Section 1.4 of this Ordinance relating to renewals. 2.10. Restricted Certificates of Competency. The Contractors' Licensing Supervisor or designee may issue a Restricted Certificate of Competency to an applicant for a certificate in a particular trade, which Certificate is restricted to 33 Words stFuok4h.&ug: are deleted; words underlined are added. certain aspects of that trade where the applicant has satisfactorily demonstrated that he /she is qualified under this Ordinance in certain aspects of that trade, but lacks the required experience in other aspect(s) of that trade. For example, an applicant for a Certificate as a Floor Covering Installation Contractor may have the required experience in laying carpets and/or tiles, but not wood flooring. Each staff level decision to restrict a Certificate shall be final unless reversed or modified by the CLB upon appeal by the certificate holder. 2.11. Emergency Restricted Certificates of Competency. In the event of a declaration of a state of emergency in Collier County by the Collier County Board of County Commissioners or in the City by the City Council, in which substantial damage has occurred to buildings and structures so as to cause a shortage of available persons and firms /entities in the contracting trades for which there are Collier County /City Certificates of Competency, the Contractors' Licensing Board is hereby authorized to: 2.11.1. Declare an emergency contracting trade shortage of' designated categories of contractors and/or sub - contractors listed in this Ordinance. This declaration shall be for a period of time not to exceed six (6) months. 2.11.2. Authorize the Contractor Licensing Supervisor to prepare and regulate the selection of contractors and /or sub - contractors from other jurisdictions whose licensing requirements are substantially comparable to those licensed in Collier County and issue temporary licenses to those contractors for a period of time not to exceed the declaration of emergency. The contractors selected must be licensed in jurisdictions whose testing and licensing requirements have been predetermined by the Contractors' Licensing Board to be substantially comparable to the Collier County requirements. 2.12. The County will provide active field supervision within the City of licensed and unlicensed activity through its investigation and citation authority. 2.12.1. The County shall be responsible for issuing licenses in accordance with this Ordinance to authorize contractors to work within the geographic boundaries of County and the City. The County shall collect the fees for those contractors licensed to work within the County and City. 2.13. Contractors who operate in Collier County shall maintain complete financial and business records for the immediately preceding 3 years at their licensed place of business. The business and financial records to be maintained shall include minutes of corporate meetings, business contacts, telephone records, insurance policies, letters of complaint, notices received from government entities, bank statements, canceled checks, records of accounts receivable and payable, financial statements, loan documents, tax returns, employee records and all other business and financial records the contractor maintains in the course of business. The contractor shall allow the Contracting Licensing Supervisor, or his designee, access to all documents 34 Words stwekilareeg are deleted, words underlined are added. referenced in this section upon demand and during normal business hours. Copies of any documents requested by the Contractor Licensing Supervisor, or his designee shall be provided by the Contractor upon payment of reasonable reproduction costs, which shall not exceed the Contractor's actual reproduction costs, by the Contractor Licensing Supervisor or his designee. PART THREE: THE CONTRACTORS' LICENSING BOARD. 3.1. Composition. 3.1.1. The Contractors' Licensing Board, being Collier County's "local construction licensing board ", is composed of nine (9) members who shall be appointed by the Board of County Commissioners. A minimum of two (2) of these members shall reside within corporate city limits or shall be recommended to the Board of County Commissioners by the City Council. The Board of County Commissioners may also appoint alternate members as it deems appropriate. Three (3) members of the CUB shall be consumer representative members. No such member shall be, or shall have ever been, a member or practitioner of any profession regulated by the CUB or any profession closely related to any such profession regulated by the CLB. The members of the CLB who are not consumer representative members should be either a licensed architect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residential, or a licensed building contractor. Except for consumer representative members, this provision is merely directory and failure to have members appointed from these trades shall not be grounds for voiding or otherwise affecting any action of the Board. 3.1.2. Collier County Ordinance No. 86 -41, as now or hereafter amended (or any ordinance that is a successor in function thereto) shall be applicable to every member appointed or reappointed to the CLB after the effective date of this Ordinance, except the following: each initial full -term appointment of a member to the CLB shall be for a term of three (3) years. 3.2. Internal Operating Procedures. 3.2.1. The Contractors' Licensing Board shall elect a chairperson and vice chairperson from its membership. 3.2.2. Meetings. 3.2.2.1. The Contractors' Licensing Board shall hold at least four meetings per year. 3.2.2.2. Upon the request of the Contractor Licensing Supervisor, or his designee, or at such other times as may be necessary, the chairperson of the Contractors' Licensing Board (and, in his absence, the vice chairperson or, in the vice chairpersons absence, the temporary chairperson elected by majority vote of the members of the Contractors' Licensing Board) may call hearings of the Contractors' Licensing Board. Hearings may also be called by written notice signed by at least three (3) members of the Contractors' Licensing Board. At any hearing, the 35 Words s:; wk4l:� are deleted, words underlined are added. Contractors' Licensing Board may set a future hearing date. Minutes shall be kept of all meetings and hearings and all meetings and proceedings shall be open to the public. 3.2.2.3. Five members shall constitute a quorum for any meeting, and a majority vote of those present shall be required to make any decision. 3.2.2.4. The Collier County Board of County Commissioners shall provide such clerical and administrative personnel and legal services as may be reasonably required by the Contractors' Licensing Board for the proper performance of its duties. 3.2.2.5. The County Attorney, or his designee, shall either be counsel for the Contractors' Licensing Board or shall represent the County by presenting cases before the Contractors' Licensing Board, but in no case shall the County Attorney or his designee serve in both capacities for the same case or at the same time. 3.3. Duties and Powers of the Contractors' Licensing Board. 3.3.1. Upon reference by the Contractor Licensing Supervisor or petition by an applicant, the Board shall have the power to determine the qualifications of applicants for the various categories of contractors' Certificates of Competency as measured by standards stated in this Ordinance. 3.3.2. The Board shall have the power to hold hearings to determine if a contractor or a journeyman possessing a Collier County /City Certificate of Competency, or a State certified contractor doing business in Collier County, should be disciplined pursuant to Part Four of this Ordinance. It shall be the duty of the Contractor Licensing Supervisor to initiate disciplinary proceedings. No member of the Contractors' Licensing Board shall have the power to initiate disciplinary proceedings in his/her capacity as a member of the Contractors' Licensing Board. 3.3.3. The Contractors' Licensing Board shall have the power to adopt such policies, rules and regulations as it deems necessary to carry out the duties of the Board in accordance with the provisions and intent of this Ordinance. Said policies, rules and regulations, when and if reduced to writing, shall be filed with the Clerk to the Board of the Collier County Board of County Commissioners. 3.3.4. The Contractors' Licensing Board shall further have the power to a. Hold hearings; b. Take testimony under oath; C. Adopt rules and regulations for the conduct of its hearings; d. Discipline contractors or journeymen holding Collier County /City Certificates of Competency or State certified contractors doing business in Collier County or the City pursuant to Part Four of this Ordinance; e. Issue decisions, findings of fact, conclusions of law, impose disciplinary sanctions, and issue orders to carry out the provisions of this Ordinance. 36 Wordsws„ are deleted, words underlined are added. 3.3.5. The Contractors' Licensing Board shall also have all other powers granted to said Board or otherwise by Florida law. 3.3.6. The Contractors' Licensing Board shall have the power to make recommendations to the Board of County Commission regarding amendments to this Ordinance and shall review amendments to the Ordinance proposed by County staff. PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE. 4.1. Misconduct - Collier County /City Certificate of Competency The following actions by a holder of a Collier County /City Certificate of Competency shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance: 4.1.1. Knowingly combining or conspiring with an unlicensed contractor by allowing one's Certificate of Competency to be used by an unlicensed contractor with intent to evade the provisions of this Ordinance. When a licensed contractor acts as the qualifying agent for any firm without first making application under this Ordinance to represent said firm, such act shall constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management, and control of such companies, such act constitutes prima facie evidence of an intent to evade the provisions of this Ordinance. Active participation requires job site supervision, knowledge of and participation in the business operations of the company(s), including all contractual matters. 4.1.1.1. If any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the Board. In addition if such individual is the only certified individual affiliated with the business organization, the business organization shall notify the Board of the individual's termination and shall have no more than sixty (60) days from the date of termination of the individual's affiliation with the business organization in which to affiliate with another person certified under the provisions of this article. In any event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed. 4.1.2. Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. 4.1.3. Abandoning a construction project in which he /she is engaged or under contract as a contractor. A project may be presumed abandoned if the contractor terminates the project without just cause, or fails to notify the owner in writing of termination of the contract and basis for same, or fails to perform work for ninety (90) consecutive days without just cause and no said notice to the owner. 37 Words si;uek4hnad , are deleted; words underlined are added. 4.1.4. Diverting funds or property received for the execution of a specific contract project or operation or diverting funds earmarked for a specified purpose to any other use whatsoever. 4.1.5. Departing from or disregarding in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative. 4.1.6. Disregards or violates, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Workers' Compensation laws of the State of Florida or ordinances of this County. 4.1.7. Falsifying or misrepresenting any material fact in his application and supporting papers for the purpose of obtaining a Certificate of Competency under this Ordinance. 4.1.5. Committinq mismanagement or misconduct in the oractice of contraction that causes within 30 days after the date the Job is abandoned' or ofthe ^gi " 1 8 1 The contraster fails f 4: I hogd.ei: .. abligat lift'......... Of '...hair J ! Fef . .eb, ., paJ All ._ed't,. C.. _ cep Ofthli! M e .. A.F..6 ..6 hPl4s 1'.... «...,.J «A.._.._ ,.0 A.. tvf iv:fang eii eumsi6nei$: A'. J .Al :d lie RS h., e been F ,...ded against the F Y� «Y «µT ....i......1 by d.e .. _ f6F the ., 1. to Y J ! Y vYe�J! J Pa5ffleflt OF + date of.. ..L semplatten is less than the percentage of the total e9H!FaQt PFIGe Paid 'R th- URfltFRP4RF —' of tile ....a ..d...he e....e..e f ..d.... '.I... ]n days SaeF the date .h b is abandoned; P. Th., has 1...en a mpleted and it shown has had t Pa5' MOFe fe.. the e red 'el. than .d. ineFeaSe in east Nyaq ..e.q, b d vc�onv 38 Words sfwekt4>seagh are deleted; words underlined are added. 4.1.8.2. The contractor's lob been completed and it is shown that the customer has incurred financial harm by having to seek a variance or other administrative remedy because of actions by the contractor. 4.1.9. 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. 4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the-quality and/or quantity of the unfinished or finished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue, faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto. 4.1.11. Failure to maintain at all times, with an insurance company authorized to do business in the State of Florida, the limits of liability and other categories of insurance as required by this Ordinance. 4.1.12. Failing to claim or refusing to accept certified mail directed to the contractor by the Contractors' Licensing Board, or its designee. 4.1.13. Failing to maintain a current mailing address. 4.1.14. Failing to appear in person or through a duly authorized representative at any scheduled hearing on a complaint filed against the contractor. 4.1.15. Being convicted or found guilty, regardless of adjudication, of a crime in Collier County which directly relates to the practice of contracting or the ability to practice contracting. 4.1.16. Allowing another to take a qualifying examination on the applicant's behalf. 4.1.17. Engaging in contracting business in Collier County or the City when prohibited from doing so by the Contractors' Licensing Board of Collier County. 4.1.18. Proceeding on any job without obtaining applicable permits or inspections from the City building and zoning division or the county building review and permitting department. 4.1.19. Failing in any material respect to comply with the provisions of this Ordinance as a contractor or as a qualifying agent for a business entity engaging in contracting. 39 Words Week ihi:Bug are deleted; words underlined are added. 4.1.20. Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or materials which results in a financial loss to the owner, purchaser, or contractor; or falsely indicating that Workers' Compensation and public liability insurance are provided. 4.1.21. Failure of a qualifying agent for a firm/legal business entity to comply with the requirements set forth in Sections 489.119 and 489.1195, Florida Statutes. 4.1.22. Falsifying or misrepresenting any material tact to another person with the intent or for the purpose of engaging in the contracting business, providing materials or services, or soliciting business for an employer, as a contractor, or as an employee, regardless of any financial consideration. 4.1.23. Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage. 4.1.24. Misconduct in the practice of contracting (See section 4.2, below). 4.2. Misconduct - State Certified Contractors The following actions by State Certified Contractors shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance. 4.2.1. Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage as required by Florida Statutes. 4.2.2.- Willfully violating the applicable building codes er- laws -of the state, City or Collier County. 4.2.3. If the CLB finds through its public hearing process that the contractor was found by another county or municipality within the past twelve (12) months, to have committed fraud or a willful building code violation and the CLB finds that such fraud or other willful violation would have been fraud or a willful violation if committed in Collier County or within the respective City. 4.2.4. Fraud. 4.3. Disciplinary Proceedings, including Minor Violations. 4.3.1. There are three (3) categories of violations: (i) Violations of subsection 489.127(1), Florida Statutes; Violations of subsection 489.132(1), Florida Statutes; and (iii) other violations within the jurisdiction of the Contractor's Licensing Board. a. Subsection 489 127(l), Florida Statutes, is incorporated herein. (Lack of required license, certificate, or registration). The following are designated to enforce subsection 487.127(3), Florida Statutes. Collier County Building Official, all License Compliance Officers, the Chief Building Inspector, Chief Electrical Inspector, Chief Plumbing /Mechanical Mechanical, and /or other inspectors authorized from time -to -time by the Building Official. 40 Words straNktMengk are deleted; words underlined are added. Procedures specified in this Ordinance shall apply except to the extent, if any, that Section 489.127 or Section 489.132, may require different procedure(s). The penalties for each uncontested violation of subsection 489.127(1) and/or 489.132(1), Florida Statutes, are three hundred dollars ($300.00) for the first uncontested violation and five hundred dollars ($500.00) for each subsequent uncontested violation by the same individual or entity. Penalties for contested violations of subsection 489.127(1), Florida Statutes, are as now or hereafter specified in Section 489.127, Florida Statues. Penalties for contested violations of subsection 489.132(1), Florida Statutes, are as now or hereafter specified in Section 489.132, Florida Statutes. The Citation form attached hereto as exhibit "A" is approved, which form may be amended from time -to -time by Resolution of the Board of County Commissioners. b. Minor Violations: The Contractor Licensing Supervisor or designee shall issue a "Notice of Noncompliance" as the County's first response to a minor violation of any provision-of any regulatory law, including this Ordinance, when (i) it is reasonable for Staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how to comply with the violated provision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safety, or welfare, nor created any significant threat of any such adverse affect. The Notice of Noncompliance should identify the specific provision that was violated, should provide information on how to comply with that provision and should specify a reasonable time for full compliance. The Notice of Noncompliance shall not be accompanied with any immediate threat of any monetary fine or any other disciplinary penalty, but may specify that failure of the violator to correct the violation within the time specified in the Notice for Compliance may result in disciplinary proceedings. Each violation that is not a "minor" violation is a "major" violation. c. Major Violations. The Contractor Licensing Supervisor, or his designee, may initiate disciplinary proceedings against a licensed contractor for major violations of this Ordinance by filing a swom complaint with the Clerk to the Collier County Board of County Commissioners. d. Failure of Non -State Certified Individual to Promptly Pay Penalty to County. The Collier County Building Department should not issue any permit or any other required authorization to any Collier County Certified individual who then has an obligation to pay a penalty to the County imposed with finality under this Ordinance for any violation of this Ordinance (including a citation that is not contested) and that individual has not paid that penalty in full by the applicable deadline date, plus reimbursement of the County's costs, such as recording fees and court costs. An appeal of uncontested citations stays all such withholdings. e. Failure of Non -State Certified Individual to Meet Permit Conditions. The County's Building Department may withhold issuance of any further permit(s) or any other 41 Words....a� are deleted, words underlined are added. authorization(s) to any individual who, or entity that, has not then complied with any condition of all County- issued permit(s) issued to that individual or entity, including every follow -up inspection or any other act then capable of being complied with, although late in time. f. Withholding Permit Pulling Privileges of State Certified Contractor. Before the CLB may withhold any permit pulling privilege(s) of a State Certified Contractor, the CLB, after public hearing, must find that the Contractor violated a provision of Section 4.2 of this Ordinance. 4.3.2. Any person who believes that a contractor holding a Certificate of Competency has violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or his /her designee. The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor. The ee ;; f,:;,.; ant shall pay a fee of $50.00, let deff,. the „r ..a...taistefing the ,.,.ml3laint at lite time of film. the ,.,..nplaint The complaining party shall state with particularity which section(s) of this Ordinance he or she believes has been violated by the contractor and the essential facts in support thereof. 4.3.3. Upon the submission of a swom complaint, the Contractor Licensing Supervisor, or his /her designee, shall conduct a preliminary investigation and determine whether the complaint submitted warrants the filing of formal charges. If charges are warranted, the Contractor Licensing Supervisor, or his/her designee, shall file the complaint with the Clerk to the Collier County Board of County Commissioners and shall send, by certified mail, return receipt requested, a letter to the licensed contractor at his local address, or if applicable the local agent's address, as shown by the records of the Contractors' Licensing Board, enclosing a copy of the complaint and indicating: a. The name of the complainant; b. The date(s) of the commission of the alleged offense(s); c. The section(s) of this Ordinance alleged to have been violated; d. The range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said Board finds a violation of this Ordinance to have occurred; e. The date, time and place at which the contractor shall appear before the Contractor's Licensing Board for a hearing regarding the complaint. The date scheduled shall not be sooner than twenty (20) days from the mailing date of the certified letter. 4.3.3.1. The notice of hearing required by this Section may, in the alternative, be accomplished by hand delivery of said notice to the contractor by the Contractor Licensing Supervisor, or his /her designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his /her family over 15 years of age and informing such person of the contents of the notice. 42 Words strae E th eugH are deleted; words underlined are added. 4.3.3.2. As an alternative to providing notice as set forth above, at the option of the Contractor Licensing Supervisor, notice may be famished to the contractor by publication as follows: a. Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements; b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. Notice by publication may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or by mail as required by this Section. 4.3.3.3. Although not required to prove that notice was provided, evidence that an attempt has been made to hand deliver or mail notice as provided in this Section, together with proof of publication as provided in Subsection 4.3.3.2, shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received such notice. 4.3.4. Conduct of Hearing. 4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to the public. 4.3.4.2. The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. Any party may have a court reporter present at the hearing at his\her own expense. Neither Collier County nor the Contractors' Licensing Board shall be responsible for any failure of recording equipment during the conduct of the hearing. 4.3.4.3. Each case before the Contractors' Licensing Board shall be presented by the County Attorney, an Assistant County Attorney, or by a member of the County staff, Regarding matters under the jurisdiction of the Contractor's Licensing Board, the Building Official is authorized to issue subpoenas to the greatest extent then allowed by law, including Section 162.08, Florida Statutes. 4.3.4.4. Assuming proper notice of the hearing has been provided to the contractor, or was not received notwithstanding attempts to notify the contractor, as provided for in Section 4.3.3 of this Ordinance, a hearing may proceed in the absence of the contractor. Evidence regarding "notice" shall be received prior to receiving evidence on the merits of the case. 4.3.4.5. The Contractors' Licensing Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Contractors' Licensing Board shall hear testimony from the Contractor Licensing Supervisor, or his /her designee, from the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may be called by the respective parties. 43 Words stwek-threegq are deleted; words underlined are added. 4.3.4.6. Formal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient, by itself, to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 4.3.4.7. Any member of the Contractors' Licensing Board may question any witness before the Board. Each party to the proceedings shall have the right to call and examine witnesses; to introduce exhibits; to cross - examine witnesses; to impeach any witness regardless of which party called the witness to testify and to rebut any evidence presented against the party. 4.3.4.5. The chairperson or, in his /her absence, the vice chairperson, shall have all powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum. 4.3.4.9. At the conclusion of the hearing, the Contractors' Licensing Board shall issue findings of fact based on evidence of record and conclusions of law; impose disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this Ordinance and Florida law. Said findings of fact, conclusions of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the Contractors' Licensing Board on the case heard before the Board. 4.3.4.10. The decision of the Contractors' Licensing Board shall be stated orally at the hearing and shall be reduced to writing and mailed to the parties within 30 days after the hearing_ The findings of fact and conclusions of law, disciplinary sanctions, if any, and any related order shall be made by motion approved by a majority of the members of the Contractors' Licensing Board who are present and voting. The decision of the Board shall be effective upon being stated orally at the hearing, unless the Board orders otherwise. The decision of the Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said decision is reduced to writing. 4.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by members of the Contractors' Licensing Board shall take place only at a public 44 Words sErusk-Nseugh are deleted; words underlined are added. meeting of the Board. The Board shall thereafter issue its decision pursuant to Subsections 4.3.4.9 and 4.3.4.10 of this Ordinance. 4.3.5. Disciplinary Sanctions. 4.3.5.1. Holders of Collier County /City Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a contractor, within the meaning of Section 4.1 of this Ordinance, said Board may, but shall not be required to, impose any of the following enumerated sanctions, alone or in combination: a. Revocation of a Collier County /City Certificate of Competency; b. Suspension of a Collier County /City Certificate of Competency; C. Denial of the issuance or renewal of a Collier County /City Certificate of Competency; d. A period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the Contractors' Licensing Board; and/or participation in a duly accredited program of continuing education directly related to the contractor's contracting activities. Any period of probation or continuing education program ordered by the Contractors' Licensing Board may be revoked for cause by said Board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in Section 4.3.3 of this Ordinance. Service of said notice shall be as provided in Sections 4.3.3 and 4.3.3.1 of this Ordinance. Evidence that either of these methods of service have been utilized shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received notice; e. Restitution; f A fine not to exceed $5909 Ten Thousand Dollars ($10,000); g. A public reprimand; h. Re- examination requirement; 1. Denial of the issuance of Collier County or City building permits or requiring the issuance of permits with specific conditions; Reasonable investigative and legal costs for the prosecution of the violation. shall be established by rule and shall not be usurious [171 45 Words suoehtkrxngh are deleted; words underlined are added. 4.3.5.2. Holders of State of Florida Certificates of Competency. a. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a State certified contractor, within the meaning of Section 4.2 of this Ordinance, said Board may deny the issuance of Collier County /City building permits or require the issuance of permits with specific conditions. b. Notification of and information concerning such permit denial shall be submitted to the Florida Department of Business and Professional Regulation within 15 days after the Contractors' Licensing Board decides to deny the permit. 4.3.5.3. When imposing any disciplinary sanction on a contractor or a person holding a Certificate of Competency or a state certified contractor who has been found to have violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at the hearing as well as: a. The gravity of the violation; b. The impact of the violation on the public health, welfare or safety; C. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator: e. Any other evidence presented at the hearing by the parties relevant as to the sanction which is appropriate for the case given the nature of the violation and the violator. 4.3.5.4. Any disciplinary sanctions imposed by the Contractors' Licensing Board shall be effective upon being stated orally at the hearing unless the Board orders otherwise, all in accordance with Section 4.3.4.10 of this Ordinance. 4.3.5.5. In addition to any action the Contractors Licensing Board may take against the individual's or business organization's local license, and any fine the Contractors' Licensing Board may impose, the Contractors' Licensing Board shall issue a recommended penalty for the State Construction Industry Licensing Board or if the action involves an electrical contractor or an alarm contractor, the State Electrical Contractors' Licensing Board action. This recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the Construction Industry Licensing Board or Electrical Contractors' Licensing Board, or a combination thereof. The Contractors' Licensing Board body shall inform the disciplined contractor and the complainant of the local license penalty imposed, the penalty recommended, his rights to appeal, and the consequences should he decide not to appeal. The Contractors' Licensing Board shall, upon having reached adjudication immediately inform the Construction Industry Licensing Board or Electrical Contractors' Licensing Board of its action and the recommended board penalty. 4.3.5.6 Fines and all other monetary penalties may be collected and disposed as authorized by and subject to Chapter 489, Florida Statutes. Should any monetary penalty 46 Words stFuektkraegH are deleted, words underlined are added. imposed by the Board not be paid within the time specified by the Board's Order, the Board may request from the Board of County Commissioners authority to that appropriate legal action to collect the penalty. PART FIVE: REHEARING AND APPEALS OF DECISIONS OF THE CONTRACTORS' LICENSING BOARD. 5.1. Rehearing. Each respondent found to be in violation of this Ordinance, any other party, the Chairman of the CLB, the CLB as a body, or the Assistant County Attorney who tried the case may request a rehearing of any decision of the CLB. A request for rehearing shall be in writing and shall be filed with staff and a copy thereof should be delivered to all other parties within twenty (20) days from the date of mailing or other method of delivery to the Respondent(s) of the Board's written decision under this Ordinance. A request for rehearing shall be based only on the ground that fundamental error occurred which resulted in a failure of due process, the decision was contrary to the evidence, or that the hearing involved an error on a ruling of law and/or fact which was fundamental to the decision of the CLB. The written request for rehearing shall specify the precise issue(s) on which the request for rehearing is based. The decision of the CLB which is the subject of the rehearing request shall remain in effect throughout the rehearing procedure unless the County's Licensing Supervisor or the CLB orders otherwise. If any person with standing claims that fundamental error has occurred and such error is capable of being corrected, a request for a rehearing by the CLB must be filed with county staff. The CLB must issue its Final Order on Rehearing before any request for any type of appellate review can be filed with any court. 5.1.2. If the Contractors' Licensing Board determines it will grant a rehearing, it shall: a. Conduct a hearing where the parties will be given the opportunity of presenting evidence and/or argument which may be limited by the Board to the specific issues for which the rehearing was granted. b. Affirm, modify, or reverse its prior decision, with or without receiving further evidence, providing that the change(s) is /are based on a finding that the prior decision of the Board resulted from fundamental error or a ruling on a question of law or of fact which the Board has been informed by its counsel was fundamental error or an erroneous ruling and that further Board action is required to correct such en or(s). 5.2. Appellate -type Review. 5.2.1. Each disciplinary action of the CLB is quasi - judicial. Each person or entity found to be in violation of this Ordinance may appeal a decision of the Contractors' Licensing Board to the Collier County Circuit Court as authorized by subsection 489.127(5)(k), Florida Statutes, in conformity with Florida Rules of Appellate procedure, and subject to mandatory prerequisite 47 Words sk °"seas;, are deleted; words underlined are added. rehearing under section 5.1, above, if the error is correctable. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the CLB in accord with Florida Rules of Appellate Procedure. Any appeal shall be filed with the Circuit Court and be served on the parties within thirty (30) days of the rendition of the effective Final Order of the Board. If there has been a re- hearing request, the appeal shall be filed with the Circuit Court and be served on the parties within thirty (30) days of the rendition of the Board's decision on re- hearing. 5.2.2. In the event the person or entity found to be in violation of this Ordinance should elect to appeal, a verbatim record and transcript relevant to the case shall be as required by Florida Rules of Appellate Procedure. It shall be the sole responsibility of the person or entity seeking such review to ensure that a record is made from which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County nor the CLB shall have any responsibility to provide a verbatim record transcript of the proceedings. 5.2.3. Subpoenas. Any party or the attorney for a party to a proceeding before the CLB may acquire from staff free subpoenas for witnesses and /or for production of tangible evidence, but not for any deposition- Rule 1.410 of Florida Rules of Civil Procedure apply thereto. As used in Rule 1.410, "Court" shall mean "the CLB" and "Clerk" shall mean "county staff." Each subpoena must be issued by the party or by an attorney for that party. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any ordinance of an applicable Municipal Corporation or of Collier County, or with any superseding statutory provision, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. The provision of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. Provisions of this Ordinance may be renumbered or relettered to accomplish same, including the word "ordinance" may be changed to "section', "subsection ", "article ", or other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. 48 Words StRASk t48ug are deleted, words underlined are added. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, Clerk 0 , Deputy Clerk Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney B/BNLOr&CLB 2006 2006, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA FRANK HALAS, Chairman 49 Words s&fuok th;:Bag H are deleted; words underlined are added. Ralph Partington Inc. Aluminum Contractor 4980 Napoli Dr. Naples, Fl. 34103 To Whom It May Concern: The reason for wanting to qualify Melvin Henderson, Henderson Screening Inc., is so that we both may be able to benefit financially from this. Mr. Henderson worked for me when I started my previous business as an apprentice over 20 years ago. Through the years he has proven to be trustworthy, honest and has gained much experience of this business. He has remained a friend and subcontractor over the years. I feel this agreement will benefit both of us as we share contacts and knowledge. Thank you for your consideration, Ralph Partington Ralph Partington Inc. BUILDING REVIEW AND PERMITTING CONTRACTOR LICENSING SECTION COLLIER COUNTY / CITY OF NAPLES / CITY OF MAi Contractors Licensing Board Community Development & Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 Telephone: (941) 403 -2431 Facsimile: (941) 403 -2345 APPLICATION TO QUALIFY SECC THIS FORM MUST BE COMPLETED IF YOU WISH TIO INITIATE OR CHANGE THE STATUS OF AN EXISTING LICENSE. READ ALL INSTRUCTIONS AND MAKE SURE YOU HAVE SIGNED WHERE INDICATED. TYPE OR PRINT IN INK. MAKE CHECKS PAYABLE TO THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. ALL CHECKS MUST CLEARLY STATE APPLICANT'S NAME AND ADRESS. PLEASE ALLOW 2 - 3 WEEKS FOR PROCESSING. FEE S /D_� 1. Applicant's Name (Licensee) a /r i 7i/J6 Z kc L ?CA EaNSE # UNDER THE FEDERAL PRIVACY ACT, DISCLOSURE OF SOCIAL SECURITY NUMBERS IS VOLUNTARY UNLESS SPECIFICALLY REQUIRED BY FEDERAL STATUTE. IN THIS INSTANCE, SOCIAL SECURITY NUMBERS ARE MANDATORY PURSUANT TO TITLE 42 UNITED STATES CODE, SECTIONS 653 AND 654; AND SECTIONS 455.203(9), 409.2577, AND 409 2598, FLORIDA STATUTES. SOCIAL SECURITY NUMBERS ARE USED TO ALLOW EFFICIENT SCREENING OF APPLICANTS AND LICENSEES BY A TITLE IV -D CHILD SUPPORT AGENCY TO ASSURE COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS. SOCIAL SECURITY NUMBERS MUST ALSO BE RECORDED ON ALL PROFESSIONAL AND OCCUPATIONAL LICENSE APPLICATIONS AND WILL BE USED FOR LICENSE IDENTIFICATION PURSUANT TO THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996 (WELFARE REFORM ACT), 104 PUB.L. 193, SEC. 317. /' =�/ ✓`� / -� -�/ /'�� Place of Birth: (City) /'i (State) A,gI/ (Nation) -yJ'l Social Security Number Date of Birth _ O _O P O _O ( ) SIX 1Male_Female ; RACE: Y (1) White 2 African- American; 3 Hispanic; 4 Asian 5 Indian; 6 Other_ 2. Name of Business To Be Qualified: 12 � cy Mailing Address: - !i Street or P.O. Box tate Zip Street Address: Street Business Phone Number: (gq) 145• 32,m City State Zip Federal ID Numbee—�-/ - (507 -� 7!O APPLICATION TO QUALIFY SECOND ENTITY 3. Applicant's (Licensee) Name: oh Last Applicant's (Licensee) Official Mailing Address of Record: Street Address (if Post Office Box is listed above): Street City County State t.ip CQ1 Home Phone Office Phone (a 3Q) 4. VERIFICATION OF GENERAL LIABILITY INSURANCE and WORKERS' COMPENSATION (or exemption from Workers Law) INSURANCE (ATTACH A CERTIFICATE OF INSURANCE OR EXEMPTION. 1 HEREBY AFFIRM THAT I HAVE OBTAINED GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE IN THE AMOUNTS SET FORTH BELOW and workers' compensation insurance (unless exemption has been filed with and approved by the Bureau of Workers' Compensation compliance), for the safety and welfare of the public. I further affirm that 1 have met all continuing education requirements. I understand that it is my responsibility to maintain all documentation supporting this affirmation of eligibility. I affirm that these statements are true and correct and I recognize that providing false information may result in a FINE, SUSPENSION or REVOCATION of my contractor's license. /� 1 —/ `PPL ANT'S SIGo PRINT OR TYPE NAME ATE jVlll \11Y1U1Y1 H1r1V V1 \l l\ 1 \LV V11YSL a V V �acu �+ � .� ��..r' t '�+ °�'v $100,000 bodtly�inlury, `$25,000prq�erL3n(age " �� „ COMBINED SINGLE LIMIT POLICES MUST BE Il,TfIE ='11IINI1vIiT1�I AMOUNT$ REQUIRED TO FILE A NOTICE OF ELECTION TO BE EXEMPT from the provisions of the FLORIDA WORKERS' COMPENSATION LAW, contact your nearest Florida Department of Labor and Employment Security, Bureau of Workers' Compensation Compliance office to obtain form # BCM- 250 -T. 3 APPLICATION TO QUALIFY SECOND ENTITY 5. QUESTIONNAIRE— QUALIFYING A SECOND ENTITY THIS FORM MUST BE COMPLETED BY THE APPLICANT REQUESTING TO QUALIFY A SECOND ENTITY OR REQUESTING A CHANGE TO AN EXISTING SECOND ENTITY QUALIFICATION. THE APPLICANT AND PRESIDENTS (OR PARTNERS /OWNERS) OF ALL COMPANIES INVOLVED MUST SIGN WHERE INDICATED. PLEASE USE THIS SHEET. ONLY USE ADDITIONAL SHEETS IF NECESSARY. A. Explain why you wish to maintain your present license(s) while qualifying this additional business. {? ` 771-"JA �,c_` t - n !EL /) Fc 2. 'q � tl %' i c c..; L "/V <'".^ /r'++� %k,d lAJ /JC>;,c� 14114 .1 %rlRG r� i7-/'VcCESSif2�� Z qu T- w L B. Has the proposed entity been previously qualified? If so, explain why the previous qualifier is no longer willing to continue to qualify this entity. %' C C. If the proposed entity has been qualified within the last 12 months, list the last three jobs completed by the proposed entity. Include dates of completion, address, description of work, name of previous qualifier and name of owner. , D. List the last three jobs completed by you under your existing license. Include date of completion, address, description of work, name of previous qualifier and name of owner. 'll I E. Do the business(s) you presently qualify and/or wish to qualify have any outstanding liens against them or against the property of consumers as a result of construction work or a contract they had with your firm? YES_ NO �! If yes, identify business and provide explanation. F. List principal suppliers for the past six months for the business you presently qualify. 11fs._A F- Aeir.t Ic p? (-1 "RS J r c 7Z /I Nohl Cr-.siY Tc Ci Ln1n �C. ,i L- / /l0'i'gL- t"/`/�F -Et' /C /i..lfc'�� G. List principal suppliers for the past six months for the business you are applying to qualify. Al r (IC c Adrizy /�i• i�7 c KE / 4 APPLICATION TO QUALIFY SECOND ENTITY H. List persons authorized (currently and in the past 6 weeks) to pull permits on your license(s). , / /f 1. How are you being paid by the business(s) you presently qualify (examples: salary, % of profits, etc.)? (, /� ,r %k ,75 J. How will you be paid by the business you are applying to qualify? F. K. What percentage of ownership do you have in the present business(s) you are qualifying and what percentage of ownership will you have in the business you are attempting to qualify? r� L. Do you (applicant) have check writing authority for the present and proposed entity? YES _ NO ✓ If yes, provide a letter from the bank. M. List officers (or partners, owners) of business you are applying to qualify and give title /position held. N. List officers (or partners, owners) of business you presently qualify and give title /position held. r) ALFn Ij 2c� /V O. Do the business(s) you presently qualify and wish to qualify have any other licenses presently qualifying those businesses? YES NO If yes, list licensee's name, license number and address. Submit notarized statements signed by an authorized agent of the entity(s) you presently qualify and from an authorized agent of the proposed entity attesting to the fact that each is aware of what entity you presently qualify. and what entity you are requesting to qualify. 41 g APPLICATION TO QUALIFY SECOND ENTITY 6. FINANCIAL RESPONSIBILITY. All applicants /licensees must answer the questions below. If you answer "yes" to any of the questions, a written explanation is required. Additional documentation is also required, as indicated. If you are aoolvine to qualify a corporation, partnership or other legal business entity. ALL OFFICERS OF THAT ENTITY MUST ALSO EXPLAIN IF ANY OF THE BELOW WOULD PERTAIN TO THEM. This would include the president, vice president, secretary, and/or partners or owner of the proprietorship. HAVE YOU, the business organization, or any of the above mentioned individuals in any capacity ever: YES NO A. Undertaken construction contracts or work that a third party, such as a bonding or surety company, completed or made financial settlements? _ B. Had claims or lawsuits filed or unpaid or past due accounts by your creditors as a result of construction operations? C. Undertaken construction contracts or work which resulted in liens, suits orjudgments being filed? D. Had alien filed against you by the U.S. Internal Revenue Service or Florida Corporate Tax Division? If "yes ", you must attach a copy of the Notice of Lien, and any payment agreement, satisfaction, Release of Lien or other proof of payment. E. Made an assignment of assets in settlement of construction obligations for less than the debts outstanding? F. Been charged with or convicted of acting as a contractor without a license, or if licensed as a contractor in this or any other state, been "subject to" any disciplinary action by a state, county, or municipality? If "yes ", you must attach a copy of any state, county, municipal or out -of -state disciplinary order or-judgment. G. Filed for or been discharged in bankruptcy within the past five years? If "yes ", you must attach a copy of the Discharge Order, Order Confirming Plan, or if a Corporate Chapter 7 case, a copy of the Notice of Commencement. H. Been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction within the past 10 years? NOTE: IF YOU, THE APPLICANT/LICENSEE, HAVE HAD A FELONY CONVICTION, PROOF THAT YOUR CIVIL RIGHTS HAVE BEEN RESTORED WILL BE REQUIRED PRIOR TO LICENSURE. NOTE: "Fhe Board requires an) applicant/ licensee who answers "yes" to any question contained in the Financial Responsibility Section of the Application to supply a complete explanation of the response, and include a statement detailing the steps taken by the licensee to prevent a recurrence of the circumstances leading to the conviction, discipline, judgment, bankruptcy, or other event leading to the response. You must include any proof of paymem satisfaction of liens, judgments and bankmptcv discharge papers in your submittal, if applicable. Applicants may be required to appear before the Application Review Committee to answer questions regarding such responses. CREDIT REPORT (Reports that do not include the following information will not be acceptable) Reports for the present and proposed entities must be submitted (not more than six months old) from a nationally recognized credit - reporting agency and must be submitted before an additional license can be issued. If you are applying to qualify as an individual, the credit report must be on you. If you are applying to qualify a business organization, the credit report must be on the business organization. If your business is newly established, you will ALSO need to submit credit reports on the following: the newly formed business and the majority owners holding 25% or more interest PLUS letters from three construction related suppliers indicating that an account either exists or has been opened for the entity you are applying to qualify. A credit report is also required for the entity that you are presently qualifying. 6 APPLICATION TO QUALIFY SECOND ENTITY Make sure you give written authorization to the credit agency so they can accurately check your credit references. Federal. State, County (including all counties within the State of Florida) public records pertaining to judgments, bankruptcies, and tax liens must be searched and result, noted on the credit report. "the credit report must include a public records check of the home counties and all other counties where 25% or more of the contractor's work has been done over the last three years. (If public records reflect unsatisfied obligations, attach written explanation and legal documentation.) The credit report must reflect officers, partners, and proprietors and FEIN and Social Security numbers. Attach a credit report(s) from a nationally recognized credit - reporting agency to this application. If you are unable to receive the credit . report. you may have a credit agency send the credit report directly to: Florida Construction Industry Licensing Board, 7960 Arlington Expressway, Suite 300, Jacksonville, Florida 3 2211-7467, and coorn /p /lete this staattement: I have requested a credit reports) on / % % 7 j/ /f Date L� (PROPOSED ENTITY AND PRESENT ENTITY) to be sent directly from CREDIT REPORTING AGENCY) 8. CORPORATIONS — ATTACH A COPY of the current Annual Report Form filed with the Florida Secretary of State or, if your corporation is newly established, attach a copy of the Florida Certificate of Incorporation for the proposed and present entities, if applicable. All foreign (out of state) corporations must register with the Florida Secretary of State (850) 488 -9000, 9. FICTITIOUS NAME — ATTACH A COPY of the recorded Fictitious Name Registration from the Division of Corporations; also submit a copy of the filed application or newspaper article for the proposed and present entities, if applicable. (This does not apply to corporations using their registered name.) 10. ORGANIZATIONAL RELATIONSHIPS — Do you qualify any business other than the business you are applying to qualify? YES _ NO %' (If "yes ", what percentage of the business do you own (if any)? %). Contact Board office for guidelines to qualify more than one business. Company Name: Company Address: Your License Number: 11. PROOF OF CONTINUING EDUCATION IS REQUIRED when reactivating or reinstating a license. When reactivating or reinstating your license, you must attach a copy of your Certificate of Completion from a Board approved sponsor. You must provide proof of your continuing education hours, equal to those required of an active licensee, during the period of time your license was delinquent or inactive (beginning December of 1993). AFFIDAVIT and correct to the best of my knowledge. STATE OF FLORIDA COUNTY OF Co11te certify that the foregoing is true i� AUTHORCLED OFFICER FOR TflE FIRM The foregoing instrument was acknowledged before me this Z O 0 by 1 j�' ��, (DA ) (NAM OF OFFICER, TITLE /AGENT) (NAME OF RPO ATION) a V corporation, on behalf of the corporation. He /She has (STATE OR PLACE OF CORP-ORATION) produced T1fD et.�[l Cam_ 4C Y �C`� as identification and did not take an oath. (TYPE OF IDENTIFICATION) y„4 THERESA PARp1T £ Notary Public - State of RiefA •e My Commission Ekottes Jae 11, Ccmmt� on a DO 796/11 P`R•• anon• --r„, aqn snroeN N"y NOWY Few • �6 M Rpm MICWAONWIOKAl11,!6K CR6MMM /O "W4 L law ""ASK aLL4 2N ( SIGNATURE OF NOTARY 7� ev1r--,7L:?CLr-0-- (PRINT NAME OF NOTARY) NOTARY PUBLIC AFFIDAVIT The undersigned hereby makes application for Certificate of Competency under the provisions of Collier County Ordinance 90 -105, as amended, and vouches for the truth and accuracy of all statements and answers herein contained. The undersigned hereby certifies that he /she 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 /she has full authority to supervise construction undertaken by himself/herself or such business or organization and that he /she 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. C�tl L. l�If /A2f iW<S;7et- APPLICANT (PLEASE PRINT) NAME OF COMPANY IGNATURE OF APPLICA STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this by P(A? who has produced W041 km 'U N ME PERSON ACKN, LEDGING) (TYP OF E TIFICATION) as identification and who did not take an oath. i SIGNA \ \`\ Q >C' CA1W L HW MY COIMAS" 1 DD 341332 N f� ►iI5�1�: J�C2��h lti 4e -Axpe6.5 C. -, N 51-� -;15D-4 �a -5�5 t5 --436? --nv4- A c14'e--el " --o- / �,._,_. S...ry;, . - I-,_ 1.6 -'- www.sunbiz.org - Department of State Page 1 of 2 Home Contact Us E- Filing Services Document Searches Forms Help Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Profit Corporation HENDERSON SCREENING, INC. Filing Information Document Number P03000134919 FEI /EIN Number 510489370 Date Filed 11/19/2003 State FL Status ACTIVE Last EverU -- REINSTATEMENT Event Date Filed 12/05/2008 Event Effective Date NONE Principal Address 1545 GOLDEN GATE BLVD WEST NAPLES FL 34120 Changed 07107/2005 Mailing Address 1545 GOLDEN GATE BLVD WEST NAPLES FL 34120 Changed 07/07/2005 Registered Agent Name & Address HENDERSON, MELVIN 1545 GOLDEN GATE BLVD WEST NAPLES FL 34120 Name Changed -, 12/05 /2008 Address Changed: 12/05/2008 Officer /Director Detail Name & Address Title PD HENDERSON, MELVIN 1545 GOLDEN GATE BLVD WEST NAPLES FL 34120 Annual Reports Report Year Filed Date 2007 04/18/2007 Entity Name Search Submit httn- / /an cnnhi7 nrakr.rintc /nnrrlrt axa7artinn= T)FTFTT kinn ring nnmhrr= PtliOMl "149 ?/75/201 O www.sunbiz.org - Department of State I Home I Contact us I Dpaimenl Searches I E- Filing Services I Forms I Help I Copyright and Privacy Policies Copyright :d: 2007 State of Fionda, Department pf State. . ins.._._ .. 1__.___- ..__1._ -. Page 2 of 2 Entity Name Search Submit .. aria:._ :..1�fHti• / /..,:.a.i :.n:.K7.. ..... /on.;..in /n..�Ao� e..e9....ti,. «— TIRTL'TT R: «.. A._,. ......- L.. --n/�O nnM Orin ' /nc P1Mn 2008 12/05/2008 2009 _04/12/2009 Document Images 04/12/2009 -- ANNUAL REPORT View image in PDF format 1210512008.- REINSTATEMENT View image in PDF format 04/18/2007 -- ANNUAL REPORT f View image in PDF format 05/12/2006 -- ANNUAL REPORT f View image in PDF format View image in PDF format 07/07i2005 ANNUAL. REPORT __ 04/12/2004 -- ANNUAL REPORT View image in PDF format 11119/2003 ---Domestic Profit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events No Name History I Home I Contact us I Dpaimenl Searches I E- Filing Services I Forms I Help I Copyright and Privacy Policies Copyright :d: 2007 State of Fionda, Department pf State. . ins.._._ .. 1__.___- ..__1._ -. Page 2 of 2 Entity Name Search Submit .. aria:._ :..1�fHti• / /..,:.a.i :.n:.K7.. ..... /on.;..in /n..�Ao� e..e9....ti,. «— TIRTL'TT R: «.. A._,. ......- L.. --n/�O nnM Orin ' /nc P1Mn WHEREAS, RESOLUTION OF AUTHORIZATION (NAME OF BUSINESS proposes to engage in contracting as C© n p - in Collier County, Florida, according to (TYPE OF LEGAL ENTITY: CORP., PARTNERSHIP, ETC.) Collier County Ordinance 99 -45; and WHEREAS, (NAME OF BUSINESS of Competency with INDIVIDUAL) NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: to qualify for a Certificate We the undersigned JrLcy; of 4�-&god wc hereby (OFFICERS, OWNERS, PARTNERS) (NAME OF BUSINESS ENTITY) resolve and represent to the Collier County Contractors' Licensing Board that the qualifying agent, C PN , is active in all matters connected with the contracting business of .7 (NAME OF IND VIDUAL) l�rjl,/L)r.11.5�'1il/ -, fYA 6-EN %niC to /C > and - (NAME OF BUSINESS ENTITY) 1 r We further resolve and represent that X gl 4 _ fA -?` /0.0 is legally empowered (NAME OF INDIVIDUAL) 7 to act for C C,!, ✓_t nt! C in all matters connected with its contracting business, (NAME OF BUSINESS ENTITY) and has the authority to supervise construction undertaken by v;4- c AZ1,e G 7 ti3c� (NAME OF BUSINESS ENTITY) (WI FNESS) – with Designation underneath) Corporate Seal (if applicable) or Notary Public Certificate Sworn to and sub cribed before me this day of Vl 2001 by Nzv- NOTARY PUBLIC NAME PRINTED PUBLIC SIGNATURE COMMISSION NUMBER 074=: 7 4 RVIMI MY COMMISSION EXPIRES: J,,A _ ii _ZCE N"IPd O- a&61�41111 C M%ft e0 0011W4 10 WO ®R Last statement: December 31, 2009 This statement: January 29, 2010 Total days in statement period: 29 RALPH PAIYPSNGIW INC 4980 NAPOU DR NAPLES EL 34103 Small Business Checking 001630 Page 1 of 1 4 0- 8300090381 cl' Direct inquiries to: 800 648.4262 Iberiabank P O Box 413040 Naples, FL 34101 Account number 00� Beginning balance Enclosures 1 Total additions Total subtractions Ending balance CHEr,KS Number Date Amount Number 1005 --b-1--05-- 64.99 DAILY BALANCES Date _ Amount Date _ Amount _ 12 -31 1,144.43 01 -05 1,079.44 Thank you for banking with tberabank Date $1,144.43 .00 64.99 $1,079.44 Amount Amount RAIPM •A[IrtiG10N INC N,miber 1005Date: OM62010M M: 59499 001610 Last statement: November 30, 2009 This statement: December 31, 2009 Total days in statement period: 31 RALPH PAR 7n46*TLN n C 4980 NAPOLI DR NAPLES FL 34103 Page 1 of 1 8300090381 (3) Direct inquiries to: 800 648 -4262 Iberiabank P O Box 413040 Naples, FL 34101 ORION BANK IS NOW 1BERIAB4NK.1 WE ARE COMMITTED TO MAKING THIS TRANSITION AS SEAMLESS AS POSSIBLE CONTINUE TO USE YOUR CHECKS, CHECK CARD AND ONLINE SERVICES AT WWW.ORIONBANK.COM. YOU WILL BE NOTIFIED BY MAIL OF CHANGES TO YOUR ACCOUNTS OR SERVICES WE LOOK FORWARD TO SERVING YOU Small Business Checking Account number 000PIPIN111t Beginning balance $1,423.42 Enclosures 3 Total additions .00 Total subtractions 278.99 Ending balance $1,144.43 CHECKS Number Date Amount Number Date Amount 1001 12 -07 64.99 1003 12.17 68.00 1002 12 -18 146.00 DAILY BALANCES Date Amount Date Amount _Date _ A_ mount 11 -30 1,423.42 12 -17 1,290.43 12 -07 1,358.43 12 -18 1,144.43 Thank you for banking with Iberiabank 001671 RALM FA M()N INC _._. _ _ _ 1001 r ...;fi _s.e Ea 001001• eL00 vOae L. � ni....b. 1M1 f t, 1?M70MG A—M ML 5f4 LUl11 r.LliwCION wC 1W] 1 colw Ceimty TMcoAetlot Y E'er_ ea .00 1M4f p 17 /17rJ009A rIl $eB00 uLeN rARtwBroxwc eX°�w�i um BORN OI Ca�My CAmmesionms /•% /`F °% �41 rM 1M N�R!®IYi. fi3ooB5 ae tr Nurt , 1002 fete: 17/182009 AmouN: $146.00 10X3 001671 03 L a i Last statement: November 03, 2009 This statement: November 30, 2009 Total days in statement period: 28 RALPH PAR2=413"CN INC 4980 111IPOIS DR NAPLES FL 34103 Page 1 of 1 8300090381 (2) Direct inquiries to: 800 648 -4262 Iberiabank P O Box 413040 Naples, FL 34101 ORION HANK IS NOW 1BER/ABANK.t WE ARE COMMITTED TO MAKING THIS TRANSITION AS SEAMLESS AS POSSIBLE CONTINUE TO USE YOUR CHECKS, CHECK CARD AND ONLINE SERVICES AT WWW.ORIONHANK.COM. YOU WILL BE NOTIFIED BY MAIL OF CHANGES TO YOUR ACCOUNTS OR SERVICES. WE LOOK FORWARD TO SERVING YOU Small Business Checking Account number 41MIPIlIM Beginning balance $0.00 Enclosures 2 Total additions 2,000.00 Total subtractions 576.58 Ending balance $1,423.42 CHEEKS Number Date Amount Number Date _._ Amount 91 11.12 255.00 92 11 -13 182.80 DEBITS Date Description 11 -25 ' Preauthorized Debit HARLAND CLARKE CHK ORDERS 091125 CREDITS Date Description _ 11 -03 ' Transfer Credit TRANSFER FROM DEPOSIT ACCOUNT 8500006385 DAILY BALANCES Date Amount Date Amount 11 -03 2,000.00 11 -13 1,562.20 11 -12 1,745.00 11 -25 1,423.42 Thank you for banking with Iberiabank Subtractions 138.78 Additions 2,000.00 Date .Amount 001641 wre /Z- 001691 PAY $ Po e0ocag009 aM/Lt�,en✓ 63o009O18<GS { •000091 83000036 i� � Number 91 Date: 111122009 Amount: $255.W Number 92 Dale: 111132009 Amount: $182.80 Ending Balance 4,994.20+ Deposits To Your Account Date Amount Date Amount Date Amount 11 -06 2,856.00 11 -12 1,070.00 1 11 -23 2,883.00 Checks Paid From Your Account Check No. Date Amount 1121 11 -18 600.00 'Prior Check Number(s) Wt thckded ar ON of Sequence . Other Debits From Your Account Date Description Amount IronStone GMAC Mortgage, L GMAC Mortg "' -"4655 FDR Debit Card Visa Debit Worldreservemonetaryex 866 -282 -6587 Oh 1 .924.20 109.88 Bank FDR Debit Card Visa Debit Town And County 0821 Naples FI 212.89 Central Bank Operations - DACO2 1' N 304.86 P.O. Box 27131 VVV IR09 Raleigh, NC 27611 -7131 FDR Debit Card Visa Debit Hooters Of Naples Naples FI 19.34 oa145 FDR Debit Carta Visa Debit Town And County 0821 Naples FI HENDERSON SCREENING INC IM . 1545 GOLDEN GATE BLVD W 740 FDR Debit Card Visa Debit The Home Depot 6348 Naples FI NAPLES FL 34120 -1949! 11 -12 . 1,045.10 69.56 11 -16 FDR Debit Cared Visa Debit Racetrac602 00006023 Naples FI Statement Period: November 1 , 2009 Thru November 30, 2009 Account Number: commump Allstate Ins Co Ins Prem " " - **'***8994 F, 7w Business Checking I 11 -17 FDR Debit Card Visa Debit Town And County 0821 Naples FI Account Number: 009060366636 Enclosures In Statement: 0 �.± 0 149.05 145.26 1 1 -20 Beginning Balance 4,454.57+ Statement Period Days 30 3 Deposits 6,809.00+ Average Ledger Balance 3,875.00+ 0 Other Credits 0.00 1 Checks 600.00- 17 Other Debits 5,669.37 - Monthly Service Charge 0.00 Ending Balance 4,994.20+ Deposits To Your Account Date Amount Date Amount Date Amount 11 -06 2,856.00 11 -12 1,070.00 1 11 -23 2,883.00 Checks Paid From Your Account Check No. Date Amount 1121 11 -18 600.00 'Prior Check Number(s) Wt thckded ar ON of Sequence . Other Debits From Your Account Date Description Amount 11 -02 111-03 GMAC Mortgage, L GMAC Mortg "' -"4655 FDR Debit Card Visa Debit Worldreservemonetaryex 866 -282 -6587 Oh 1 .924.20 109.88 11 -05 FDR Debit Card Visa Debit Town And County 0821 Naples FI 212.89 11 -06 FDR Debit Card Visa Debit Allstate 'payment 800- 255 -7828 11 304.86 11 -06 FDR Debit Card Visa Debit Town And County 0821 Naples FI 212.91 11 -09 FDR Debit Card Visa Debit Hooters Of Naples Naples FI 19.34 11 -12 FDR Debit Carta Visa Debit Town And County 0821 Naples FI 459.19 11 -12 FDR Debit Card Visa Debit Lowes #00613' Naples FI 77.36 11 -12 FDR Debit Card Visa Debit The Home Depot 6348 Naples FI 8.47 11 -12 Fond Credit Fordcredit ""'0103 1,045.10 69.56 11 -16 FDR Debit Cared Visa Debit Racetrac602 00006023 Naples FI 11 -16 Allstate Ins Co Ins Prem " " - **'***8994 89.42 695.07 11 -17 FDR Debit Card Visa Debit Town And County 0821 Naples FI 11 -17 Fpl Direct Debit Elec Pymt *'****9132 Ppda 149.05 145.26 1 1 -20 FDR Debit Card Visa Debit Town And County 0821 Naples FI Direct Customer Inquiry Calls To IRONSTONE DIRECT Telephone Banking At 1-866-423-4732 Page 1 -of 5 Ironstone oohs Bank HENDERSON SCREENING INC 1545 GOLDEN GATE BLVD W Central Bank Operations - DACO2 NAPLES FL 34120 -1949 P.O. Box 27131 Raleigh, NC 27611 -7131 Statement Period: November 1 , 2009 Thru November 30, 2009 Account Number: � mtoaaon e�nnmawo 1121 qL '°' - -- ...nse-��- y �� �� • I Chkt 1121 $600.00 Page 5 of 5 Ironstone Bank Central Bank Operations - DACO2 P.O. Box 27131 IR09 Raleigh, NC 27611 -7131 00153 HENDERSON SCREENING INC IM 1545 GOLDEN GATE BLVD W 740 NAPLES FL 34120 -1949 Statement Period: December 1 , 2009 Thru December 31, 2009 Account Number: doommem S of Business Checking I Fes. Account Number: 009060366638 Enclosures In Statement: 0 Beginning Balance 4,994.20+ Statement Period Days 31 6 Deposits 5,467.00+ Average Ledger Balance 3,770.00+ 0 Other Credits 0.00 6 Checks 2,029.90- 28 Other Debits 5,113.97- Monthly Service Charge 0.00 Ending Balance 3,317.33+ Deposits To Your Account Description Amount 12 -01 Date Amount Date Amount Date Amount 12 -01 I 136.17 915.00 I 12 712.00 12 -101 1.220.00 FDR Debit Card Visa Debit Lowes #00613' Naples Fl 12 -18 12 -07 -30 .79 493.13 Checks Paid From Your Account 61.14 12 -09 FDR Debit Card Visa Debit Hooters Of Naples Naples Fl Check No, Date Amount Check No. Date Amount Check No. Date Amount 1119 12 -22 600.00 I 1123 12 -11 83.03 I 1125 12 -11 1127" 12 -1B 123.22 595.05 1122" 12 -14 508.60 1 1124 12 -03 120.00 ,045.10 89.44 12 -15 'Prior Check Number(s) Not Included or Out of Sequence. 106. 11 12 -17 FDR Debit Card Visa Debit Town And County 0821 Naples Fl 94.19 Other Debits From Your Account Date Description Amount 12 -01 FDR Debit Card Visa Debit Town And County 0821 Naples Fl 123 .49 109.88 12 -01 FDR Debit Card Visa Debit Worldreservemonetaryex 866- 282 -6587 Oh '*****4655 1,924.20 12 -01 GMAC Mortgage, L GMAC Mortg 136.17 12 -02 FDR Debit Card Visa Debit Town And County 0821 Naples Fl 16.87 12 -04 FDR Debit Card Visa Debit Lowes #00613' Naples Fl 67 12 -07 FDR Debit Card Visa Debit Rocetrac602 00006023 Naples Fl .79 493.13 12 -07 Vz Wireless Ve E Check "'7606 61.14 12 -09 FDR Debit Card Visa Debit Hooters Of Naples Naples Fl 43 12 -09 FDR Debit Card Visa Debit Town And County 0821 Naples Fl .50 109.72 12 -10 FDR Debit Card Visa Debit Town And County 0821 Naples FI 104.51 12-11 FDR Debit Card Visa Debit Town And County 0821 Naples FI 68.36 12 -14 FDR Debit Card Visa Debit Racetrac602 00006023 Naples Fl "'0103 1 12 -14 Ford Credit Fordcredit " ,045.10 89.44 12 -15 Allstate Ins Co Ins Prem " "" "- "'8994 106. 11 12 -17 FDR Debit Card Visa Debit Town And County 0821 Naples Fl 94.19 12 -17 Purchase 000009060366638 12 -17 ATM 001 Seq # 11397 Allstate Pa Allstate Pay Northbrook II Direct Customs Inquiry Calls To IRONSTONE DIRECT Telephone Banking At 1- 866- 423 -4732 Page 1 of 5 NAPLhS hL 3412U -1949 P.O. Box 27131 Raleigh, NC 27611 -7131 Statement Period: December 1 , 2009 Thru December 31, 2009 Account Number: 009060366638 �. � ^HEnoExEOxscl2cxnaiHC �� �11I9 1 rpouw• t 1119 1122 1 � J��, � eoiunsm% uodme a.4 �io��,�D1owD rap tt 22r $600.00 Chki 1122 Ls 1123 ,. AP sA rp01123� ,. _ 10000pp03p3�- Chk* 1123 $83.03 NEHOeneana�cEema nc ��/ 1126 aem ® A.� � _JE 1i-zr L2w, lmsme `�n+a tP�n Bml . ! :rpO 1125r . ';- JOOppp12�22� $508.60 Chkt 1124 $120.00 Chk* 1125 $123.22 Chkt 1127 4595.05 Page 5 of 5 : �r r rV`r r11EIl0EEE011 r � 9�i� /`�� ` /\ � ELllmllO EIC /\�`z \/1124 p` BV�I BmY ♦ / r r\i : \r 1 \ r` r ���U \ �IMOGUl20ppJ Chkt 1124 $120.00 Chk* 1125 $123.22 Chkt 1127 4595.05 Page 5 of 5 mop _ Ar-09M Bank Central Bank Operations - DACO2 P.O. Box 27131 Raleigh, NC 27611 -7131 M 00148 HENDERSON SCREENING INC IM 1545 GOLDEN GATE BLVD W 740 NAPLES FL 34120 -1949 Statement Period: January 1 , 2010 Thru January 31, 2010 Account Number: S Business Checking I ,!}S Account Number: 009060366638 Enclosures In Statement: 0 Beginning Balance 3,317.33+ Statement Period Days 31 6 Deposits 5,245.00+ Average Ledger Balance 2,253.00+ 0 Other Credits 0.00 5 Checks 1,076.16- 14 Other Debits 4,176.74 - Monthly Service Charge 10.00- Ending Balance 3,299.43+ Df- nngit< To Your Account __ Date Amount Date Amount Date Amount 01 -07 900.00 I 01 -15 11000.00 I 01 -27 1,893.00 01 -11 880.00 01 -22 365.00 01 -29 207.00 Checks Paid From Your Account Check No. Date Amount Check No. Date 1120 01 -08 147.15 I 1129 01 -20 1128" 01 -20 189.19 1130 01 -19 o rn. Check Numbers) Not Included or OuI of Sequence. Amount 45.63 I 94.19 Check No. Date Amount 1131 01 -26 600.00 Other Debits From Your Account Date Description Amount 01 -04 Withdrawal 000009060366638 01 -02 ATM A02494 Seq # 9246 82.00 Publix 871 Vanderbilt B Naples FI 01 -04 FDR Debit Card Visa Debit Subway #23769 Naples FI 9.85 01 -04 GMAC Mortgage, L GMAC Mortg """'4655 1,924.20 01 -05 FDR Debit Card Visa Debit Worldreservemonetaryex 866- 282 -6587 Oh 109.88 01 -07 FDR Debit Card Visa Debit Town And County 0821 Naples FI 206.17 01 -12 Ford Credit Fordcredit """0103 1,045.10 01 -15 FDR Debit Card Visa Debit Town And County 0821 Naples FI 52.49 01 -15 Allstate Ins Co Ins Prem *******'*"8994 89.44 01 -19 FDR Debit Card Visa Debit Town And County 0821 Naples FI 39.22 01 -22 FOR Debit Card Visa Debit Town And County 0821 Naples FI 303.12 01 -22 Fpl Direct Debit Elec Pymt "' "'9132 Ppda 99.34 01 -26 FDR Debit Card Visa Debit Town And County 0821 Naples A 29.11 01 -27 FDR Debit Card Visa Debit Town And County 0821 Naples FI 185.32 01 -29 ATM Fee 1 Withdrawal @ 1.50 1.50 Total 4,176.74 Direct Customer Inquiry Calls To IRONSTONE DIRECT Telephone Banking At 1-866-423-4732 Page 1 of 5 Bank ----------- Central Bank Operations - DACO2 P.O. Box 27131 Raleigh, NC 27611 -7131 HENDERSON SCREENING INC 1545 GOLDEN GATE BLVD W NAPLES FL 34120 -1949 Statement Period: January 1 , 2010 Thru January 31, 2010 Chk* 1120 $147.15 1129 xExNEmux scriiEElxxxxc RN :WE1I� �Lj s 4o ra - ---- -- _ Y ..' 1000004 r919I_, Chktt 1128 $1tSY. LY \ Crii2i ry \i\ � - IexoelsoNNa�wc �iJ��`✓2¢ \r \rye / \i 2r� /\ \ \/2 Chkt 1130 $94.19 Page 5 of 5 t} In Balance tA� Building Your Business a Better Bottom Line Recognized Credit Reporting Agencv 12268 Tatniami 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 reviewedtverified by In Balance, Inc., and therefore responsibility for its accuracy, completeness, and the mauner in which it was gathered rests ultimately with the third party sources notwithstanding In Balance, Inc.'s exercise of reasonable rare 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: Henderson Screening Inc. FEI Number: 51- 0489370 Reference (if necessary): Melvin Henderson Search Date: February 25, 2010 Searches Requested: Credit, Liens, Judgments and Bankruptcies A search of local, state, federal, and national databases on the above company generated the following results: LOCATION DATE AMOUNT ALL SEARCHES FOR LIENS, JUDGEMENTS AND BANKRUPTCIES PROVED NEGATIVE -Pr In Balance tl 12268 Tamiami Trail E - Suite 301 - Naples, FL 34113 - 239 - 774 -5100 Business Credit Report - HENDERSON SCREENING INC ordered: 02/25/2010 t -A"3 en- r i a Subcode:515210 10:14:35 CST Transaction number: C041467202 Search inquiry: Henderson Screening Inc/ Naples/ FL 510489370 'z 7t HENDERSON SCREENING INC Business Identification Number: 844136768 1545 GOLDEN GATE BLVD W Experlan File Established: 0911997: NAPLES, FL 34120-1949 SIC code: LUMBER & OTHER BLDG mArLs-RETAIL - 5211 (239) 793-7228 Tax ID- 51-0489370. Additional information may be available on this business. Bankruptcy filings: Other recommended searches: Business Date Last Payment Category Reported Sole Terms ACCT SVCS 11/2009* 11/2009 VARIED ROOF CONTR 02/2010 NET 30 Tax lien filings: Judgment filings: Total collections: Sum of legal filings: UCC filings: Cautionary UCC filings present? 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 (3): Average balance previous 5 quarters: Highest credit amount extended: 6 month balance range: 0 0 0 0 $0 0 No 0 0 0 1 $0 $0 $0 $0 $0-$0 Recent High Balance Car 1-30 31-60 61-90 91+ COMM"WAs Credit $0 $0 In Balance 'l 12268 Tamiami Trail E - Suite 301 Naples, FL 34113 - 239 - 774 -5100 Balance Cur 1 -30 31 -60 61 -90 91+ Comments $0 Linea Recant Tie Reported $0 Credit Continuously Reported 1 $0 Newly Reported 1 $0 Trade Lines Totals 2 $0 Balance Cur 1 -30 31 -60 61 -90 91+ Comments $0 DBT: 0 $0 DBT: 0 $0 DST: 0 Business Date Last payment Recent Category Reported Sala Terms High Balance Cur 1 -30 31-60 61 -90 91+ Comment Credit - CRED CARD 02/2010 05/2006 REVOLVE $600 $0 THE FOLLOWING INFORMATION WAS PROVIDED BY THE STATE OF FLORIDA State of Origin: FL Current Status: Active Business Type: Institutions - Profit Federal Tax ID: 51- 0489370 Business Type: Institutions Primary SIC Code: LUMBER & OTHER BLDG MATLS - RETAIL - 5211 years in Business: 7 Number of Employees: 4 Sales: $361,000 - In 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, Inc.'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: Ralph R. Partington Jr. Social Security Number: Credit Score: 810 Search Date: February 25, 2010 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 NEGATIVE In Balance 12268 Tamiami Trail E Suite 301 Naples, FL 34113 - 239 - 774 -5100 PAGE 1 DATE 2 -25 -2010 TIME 13:11:49 V401 TFLT RALPH R PARTINGTON JR 4980 NAPOLI DR NAPLES FL 341038954 RPTD: 1 -89 TO 2 -09 U 16X LAST SUB: 1402260 *1610 BLOSSOM CREEK LN CUMMING GA 300405390 RPTD: 10 -06 TO 2 -08 U *3161 VAN BUREN AVE NAPLES FL 341124405 RPTD: 8 -94 TO 1 -03 U SS: dIW2971 E: GUTTERS UNLIMITED DOB: 04/06/37 NAPLES FL RPTD: 4 -96 TO 9 -00 I *RALPH R PARTINGTON, RALPH ROBERT PARTINTONG JR PUBLIC RECORDS-- - - - - -0 INST/OTH BAL -------- $0 R ESTATE BAL-- $314,719 TOT REV BAL ----- $1,786 ---------------------- EXP /FAIR ISAAC RISK SC -- - - - - -- CREDIT REPORT S PAST DUE AMT-- - - --$0 SCH /EST PAY----- - - -$75 R ESTATE PAY - - -- $2,397 TOT REV AVAIL--- - - -97% --- - - - - -- SCORE SUMMARY DRE 2 = 810 TRADES E: IBM RPTD: 6 -92 I RIMARY -------------------- CNT 00 /00 /00 /00 INQUIRIES - - -1 SATIS ACCTS - -27 INQS /6 MO - - -0 NOW DEL /DRG --- 0 TRADELINE - -27 WAS DEL /DRG --- 0 PAID ACCT - -22 OLD TRADE - -4 -83 -------------------------------- SCORE FACTORS: 08, 12, 01 SUBSCRIBER OPEN AMT -TYP1 AMT -TYP2 ACCTCOND PYMT STATUS SUB# KOB TYP TRM ECOA BALDATE BALANCE PYMT LEVEL MOS REV PYMT HISTORY ACCOUNT # LAST PD MONTH PAY PAST DUE MAXIMUM BY MONTH *EVERHOME MORTGAGE CO 6 -06 $260,720 -0 TRANSFER CURB ACCT 1994684 FM R/C 30Y 2 4 -03 -08 4 -08 ( 9) BCCCCCCCC 1409000419045 2 -08 MIN: 100135813100123894 ** TRANSFERRED TO ANOTHER LENDER ** *OPTEUM FNCL SVCS LLC 6 -06 $260,720 -0 TRANSFER CURB ACCT 1802710 FS R/C 30Y 2 6 -05 -07 6 -07 ( 7) BCCCCCC 3000021154067 5 -07 MIN: 100135813100123894 ** TRANSFERRED TO ANOTHER LENDER ** + + + ++ MORE BCLG DTS 1019899 PARTINGTON,RALPH 028282971;CA -4980 NAPOLI DRIVE /34103; In Balance tl 12268 Tamiami Trail E Suite 301 Naples, FL 34113 - 239 -774 -5100 PAGE 2 DATE 2 -25 -2010 TIME 13:11:49 V401 TFLT SUBSCRIBER OPEN AMT -TYP1 AMT -TYP2 ACCTCOND PYMT STATUS SUB# KOB TYP TRM ECOA BALDATE BALANCE PYMT LEVEL MOS REV PYMT HISTORY ACCOUNT # LAST PD MONTH PAY PAST DUE MAXIMUM BY MONTH *HOMESTAR MORTGAGE SERV 6 -06 $260,720 -0 TRANSFER CURR ACCT 7996772 FM R/C 30Y 2 9 -30 -06 9 -06 ( 1) B 1310012389 8 -06 ** PURCHASED BY ANOTHER LENDER ** *GEMS /BAERS FURNITURE 7 -02 $9,400 -L $3,269 -H TRANSFER CURR ACCT 1227480 BC CHG REV 2 1 -20 -05 1 -05 (30) B000000000000 603461020014 3 -03 OOOOOOOOCCCC ** ACCOUNT CLOSED DUE TO TRANSFER ** *WFNNB /EXPRESS 7 -92 $1,000 -L $263 -H CLOSED CURR ACCT 1007068 CG CHG REV 3 5 -21 -01 $0 5 -01 (24) B000000000000 31156 2 -97 00000000000 ** ACCOUNT CLOSED AT CONSUMER'S REQUEST ** *CITIFINANCIAL RETAIL S 6 -06 $7,500 -L $5,440 -H PAID CURR ACCT 1138180 BB CHG REV 1 10 -30 -09 10 -09 (41) BCCCCCCCCCCCC 603259036274 9 -07 CCCCCCCCCCCC ** ACCOUNT CLOSED AT CREDIT GRANTOR'S REQUEST ** *TARGET NB 6 -06 $12,500 -L $915 -H PAID CURR ACCT 2218220 BC CRC REV 1 7 -24 -09 7 -09 (37) B000000000000 8 -06 000000000000 ** ACCOUNT CLOSED AT CREDIT GRANTOR'S REQUEST ** *SEARS /CBSD 7 -98 $8,000 -L $3,526 -H PAID CURR ACCT 1230730 BC CRC REV 1 3 -12 -09 3 -09 (58) 8000000000000 6 -04 000000000000 ** ACCOUNT CLOSED AT CONSUMER'S REQUEST ** EXXMBLCITI 6 -85 $1,250 -L PAID CURR ACCT 1402260 OC CRC REV 2 12 -05 -08 12 -08 (21) B000000000000 11 -05 00000000 *CITI 3 -88 $0 -L PAID CURR ACCT 3250154 BC CRC REV 3 7 -12 -06 7 -06 (99) BOOCOOCCOOCCO 12 -05 OCCCCCCCCCCC ** ACCOUNT CLOSED AT CONSUMER'S REQUEST ** + + + ++ MORE BCLG DTS 1019899 PARTINGTON,RALPH 028282971;CA -4980 NAPOLI DRIVE /34103; In Balance 12268 Tamiami Trail E - Suite 301 - Naples, FL 34113 - 239 - 774 -5100 PAGE 3 DATE 2 -25 -2010 TIME 13:11:49 V401 TFLT SUBSCRIBER OPEN AMT -TYP1 AMT -TYP2 ACCTCOND PYMT STATUS SUB# KOB TYP TRM ECOA BALDATE BALANCE PYMT LEVEL MOS REV PYMT HISTORY ACCOUNT # LAST PD MONTH PAY PAST DUE MAXIMUM BY MONTH FIFTH THIRD BANK 3 -01 $45,231 -0 3144930 BB AUL 60 2 3 -31 -06 751037276 1 -06 *SUNTRUST BANK 4 -02 $97,000 -L 1145610 BB CLS LOC 2 7 -24 -05 546253263430 5 -04 ** ACCOUNT CLOSED AT CONSUMER'S REQUEST ** CHASE 8 -02 $20,161 -0 1101969 BB AUT 60 2 4 -30 -04 10223909065902 PAID CURR ACCT 3 -06 (48) BOOOOOOCCCCCC CCCCCCCCCCCC $97,442 -H 7 -05 4 -04 SUNTRUST BANK ATLANTA 11 -00 $21,191 -0 1195984 AC LEA 48 2 3 -29 -04 3 -04 2150001187000 FORD CRED 11 -98 $22,200 -0 1631440 FA AUT 60 2 9 -30 -02 9 -02 TIA154GT70 *FIRST USA BANK N A 9 -98 $7,500 -L $7,500 -H 1260958 BC CRC REV 1 12 -26 -01 11 -01 541712940812 ** ACCOUNT CLOSED AT CONSUMER'S REQUEST ** *BANK OF AMERICA 4 -83 $7,850 -L $2,861 -H 1213727 BC CRC REV 1 7 -10 -01 7 -01 ** ACCOUNT CLOSED AT CREDIT GRANTOR'S REQUEST ** *CAP ONE 9 -96 $3,528 -H 1270246 BC CRC REV 1 7 -02 -01 AT CONSUMER'S REQUEST ** CHARTER ONE AUTO FINAN 9 -00 $15,462 -0 1880315 FS AUT 60 1 5 -31 -01 50658600 + + + ++ MORE 7 -01 5 -01 PAID CURB ACCT (39) B000000000000 OCCCCCCCCCCC PAID CURB ACCT (20) BCCCCCCCCCCCC CCCCCCC PAID CURB ACCT (35) BCCCCCCCCCCCC CCCCCCCCCCCC PAID CURR ACCT (47) BCCCCCCCCCCCC CCCCCCCCCCCC PAID CURR ACCT (40) BB00000000000 00000 - 000000 PAID CURR ACCT (99) B000000000000 000000000000 PAID CURR ACCT (55) BCCCCCCCCCCCC CCCCCCCCCCCC PAID CURR ACCT (10) BCCCCCCCCC BCLG DTS 1019899 PARTINGTON,RALPH 028282971;CA -4980 NAPOLI DRIVE /34103; AtIr In Balance 12268 Tamiami Trail E - Suite 301 - Naples, FL 34113 - 239 - 774 -5100 PAGE 4 DATE 2 -25 -2010 TIME 13:11:49 V401 TFLT SUBSCRIBER OPEN AMT-TYP1 AMT -TYP2 ACCTCOND PYMT STATUS SUB# KOB TYP TRM ECOA BALDATE BALANCE PYMT LEVEL MOS REV PYMT HISTORY ACCOUNT # LAST PD MONTH PAY PAST DUE MAXIMUM BY MONTH FORD CRED 5 -97 $40,342 -0 PAID CURR ACCT 1631440 FA AUT 60 2 11 -30 -00 11 -00 (43) BCCCCCCCCCCCC CCCCCCCCCCCC TIA1546488 FORD CRED 8 -99 $10,631 -0 PAID CURR ACCT 1631440 FA AUT 36 2 10 -31 -00 10 -00 (14) BCCCCCCCCCCCC TIA154ME83 C WORLD OMNI 1 -97 $13,398 -0 PAID CURR ACCT 1670160 FA LEA 39 5 3 -31 -00 3 -00 (38) BCCCCCCCCCCCC CCCCCCCCCCCC 52009285422 DISCOVER FIN SVCS LLC 9 -86 $14,400 -L $6,109 -H OPEN CURR ACCT 3276502 BC CRC REV 2 2 -24 -10 $0 2 -10 (99) OCCOOCCCCCCCC 2 -10 $40 CCCCC0000000 CITI 9 -04 $30,600 -L OPEN CURR ACCT 1240000 BC CRC REV 3 2 -22 -10 $811 2 -10 (66) CCCCCCCCCCCCC 2 -10 $20 CCCCCCCCCCCC BANK OF AMERICA 1 -96 $20,200 -L $4,829 -H OPEN CURR ACCT 1230206 BC CRC REV 3 2 -09 -10 $975 2 -10 (99) CCCCCCCCCCCCC 1 -10 $15 CCCCCCCCCCCC WELLS FARGO HM MORTGAG 6 -06 $260,720 -0 OPEN CURR ACCT 1995515 FM R/C 30Y 2 2 -08 -10 $249,831 2 -10 (21) CCCCCCCCCCCCC 7080258375096 1 -10 $2,014 CCCCCCCC MIN: 100135813100123894 MORTGAGE SERVICE CENTE 8 -98 $91,000 -0 OPEN CURR ACCT 6990477 FM R/C 30Y 2 2 -05 -10 $64,888 2 -10 (99) CCCCCCCCCCCCC 9547073544061 2-10 $383 CCCCCCCCCCCC --------------------------------- INQUIRIES - --- --- - ----------------------- CBA /MORTGAGE SERVICES 4 -10 -09 9904222 FM UNK R/C I f 07 -17 -2008 ALEX SINK STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 0711712008 PERSON: HENDERSON FEIN: 510489370 BUSINESS NAME AND ADDRESS: HENDERSON SCREENING INC 1545 GOLDEN GATE BLVD W NAPLES FL 34120 SCOPES OF BUSINESS OR TRADE: 1- SCREENING EXPIRATION DATE: 07/1712010 MELVIN IMPORTANT: Pursuant to Chapter 440 . 051141, ES.. an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation order this chapter. Pursuant 10 Chapter 440.05112), ES., Certificates of election to be exempt... apply only within the scope of the business or trade listed on the notice of election to be exempt. Pursuant to Chapter 440.05(13), F.S., Notices of election to be exempt sad certificates of election to be exempt shall be subject 1a revocation if at any time alley the filing of the notice or the issuance of the cerificate, the person named on the notice or certificate no longer meets the requirements of Ihis section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. QUESTIONS? (650) 413-1609 WC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09 -06 COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 960254 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, 2010 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. LOCATION: 1545 GOLDEN GATE BLVD W. ZONED: HOME OCCUPATION LEGAL FORM - THIS TAX IS NON- REFUNDABLE - BUSINESS PHONE: 793 -7228 *(;1 T1 0 j - \a, . +° w" *4, HENDERSON SCREENING, INC. 'd' -+`fill, NDERSON, MELVIN 4+•d tx 1545 GOLDEN GATE BLVD W. fin � NAPLES FL 34120 „ a � NUMBER OF EMPLOYEES- 1 -5 EMPLOYEES r d DATE 09/10/2009 t as 4` AMOUNT 22.00 CLASSIFICATION:MAINT- SERVICE/ NO CONTRACTOR WORD( !, . RECEIPT 5131.42 CLASSIFICATION CODE: 03703301 'q I � !ax This document is a business tax only. This is not certification that Tice e 1S"4u ' IeaM4 , 4y W It does not permit the licensee to violate any existing regulatory zoning la a or Cities 7T nor does d exempt the licensee from any other taxes or permits that may be required byT3w. e�oR� CERTIFICATE OF LIABILITY INSURANCE OP ID LT HENDE -4 03 0: PRODUCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dawson of Florida; Naples HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6609 Willow Park Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Naples FL 34109 Phone: 239- 261 -6116 Fax:239- 261 -2803 INSURERS AFFORDING COVERAGE NAIC# INSURED - INSURER A: Auto Owners Insurance 189E INSURER B'. Henderson Screening, Inc. I INSURER C. Melvin Henderson 5235 Ma le 34113 -8549 INSURER D. Naples � -- - ' INSURER E y 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 ISSUED 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM /DDIYYYY DATE MM /D LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ 1 , 0OO , 000 _ li 20610668 12/19/09 12/19/10 �i,PREMISES (E a� 1$300,000 A x COMMERCIAL GENERAL LIABILITY $ lO DOO �CLAIMS MADE Xi OCCUR MED EXP (Any one person) , -� PERSONAL & ADV INJURY $ 1 , 000,000 $1,000,000 .. I GENERAL AGGREGATE — '.. PRODUCTS - COMPIOP AGG $ 1x000, O00. GEN L AGGREGATE LI �— LIMIT APP SLOG P POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO I E. oitlenp ' _.. _ ao �`- ALL OWNED AUTOS BODILY INJURY S (Per Person) - SCHEDULED AUTOS. HIRED AUTOS BODILY INJURY $ —�I (Pare¢iGent) NON -OWNEDAUTOS —- '', PROPERTY DAMAGE $ (Per amitlent) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ — — _— _- OTHER THAN EA ACC $ ANV AUTO �� AUTO ONLY. AGO $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE ,AGGREGATE S — ,�— r $ -- - DEDUCTIBLE -- RETENTION $ WORKERS COMPENSATION TORY LIMITS ERA_ AND EMPLOYERS' LIABILITY / N " Y ANY PROPRIETORIPARTNER/EXECUTIIM V OFFICEREMBER EXCLUDED? EL EACH ACCIDENT $ _ (Mandatory in NH) EEASE - EA EMPLOYEE $ P yes Cesoribe uno.' E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER �'. I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Collier County Contractors Licensing Board Development Services Center 2800 Horseshoe Drive N Naples FL 34104 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLII3 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR The ACORD name and logo are registered marks of ACORD All rights Brian Ohlis Request for Hearing Citation # 5353 El- Request for Hearing E2- Confirmation of Hearing (Hand Delivered) E3- Citation E4- Advertisement E5- Collier County Business Tax Receipt E6- Corporation Detail E7- Ordinance 2006-46 section 1.6.3.25 Landscape definition E8- Collier County Investigative Report Director of the Building Review and Permitting Department I Brian T. Ohlis owner of Ohlis Landscape Inc. request an Administrative Hearing before the Collier County Contractor's License Board. Please let me know of the date. Thank you. Sincerely, Brian Ohlis Ohlis Landscape Inc C239.253.0557 F239.262.7838 bohlis@comcast.net EI . ; COLLIER COUNTY BUILDING REVIEW & PERMITTING ►. CONTRACTORS LICENSING iii 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 252-2432 • Fax (239) 252-2469 March 9, 2010 (Hand-delivered) Brian T. Ohlis 12836 Brynwood Way Naples, FL 34105 RE: Contesting Citation Dear Mr. Ohlis: You have been added to the agenda for the Contractors' Licensing Board meeting on Wednesday, April " , 20-1-07-1 is held at 9:00 a.m. at the W. Harmon Turner Building (C - I. F, Admin. Bldg.), 3301 E. Tamiami Trl., Naples, FL in the Comm.: loner's Meeting Room on the 3111 floor. If t ere are any questions, please call (239) 252-2909. Sincerely, • / ♦ t Jei nifer Blai • c_______,5 istomer Service Specialist Contractors' Licensing C ,, I [ i c . C 0 0 0 t v COLLIER COUNTY 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. /rMonDay �� JTe th jl.1DaY� A /PM Issued To: /�1C N2-�vl f'/'t/ 2 n/ v/ f674^ Address ! F36 oak gi ee ,/` Cit /� State ( Zip 3 T! Telep o e No. I.D. /�,j5 1,-/x Date of Birth Race Sex Height its j 6 7 0 V/ /4-1 Vehicle Make/Type(if applicable) Year Color Tag No. Location of Violation OPTIONS I have been informed of the violation of which I have been charged and elect the following option(Check one) / 1) ❑ 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. /Jl Description of Violation Date Violation Observed Tt�!O a) ❑ Falsely hold self or business organization out as a license,certificate holder or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; • c) ❑ Present as his own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board of a member thereof; e) ❑ Use or attempt to use a certificate or registration which has been suspended or re oked; f) +Sage in the business or act in the capacity of a contractor or advertise self or usiness organization as available to engage in the business or acm a caT�pacttTof 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 489.119 and 489.1195,Florida Statues; h) ❑ 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 thf L/J' registration,is not duly certified or registered. Q2/44T 0 7 /S 5/g 4t - • SI NATURE(RECIPIENT) SIGNATUI •(INVESTIGATOR) 4A,e,,atrr-d___ PRINT(RECIPIENT'S NAME) PRINT(INVESTIGATOR'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 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) • E3 .., v , y'"ery ` „ , :'-'0;:';'..,77"4':7:1-. , $ $4.FaroN ':+,:: ,,:41,,$ . .„,' 6-' n -,▪ ,,,,:,719,„,,, sr1cy xr, '411 „e, 'Ci} a. t Sv44EAk, ' ,,;..;;irt r"4 r c4T;0404.r ”' tMT .,a?'; S � r ', 4nw �'�'_ Sr " SL''.„:t �ryr�'� ' •dxr"r _.,. > xh„ , Ayi, •"Sm,R. q.- -1 . a', 'v • ",`mr: ,••#" ' ; � . , :_,r,,'' _ , `x', �",;:i"`: : _ mss.=5 -,• „;,.. SO) ^- 're�'yz;. 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Y"A"., ,4 Details Collier County Tax Collector 3301 Tamiami Trail East Naples, FL 34112 -4997 Collier County Business Tax Receipt Tax Year Info: 2009 Page 1 of 1 Next Record BUSINESS INFORMATION OWNER INFORMATION License # 070416 JOHLIS, BRIAN T Name: BRIAN T OHLIS Name 2: DBA: 1 12836 BRYNWOOD WAY Location: 12836 BRYNWOOD WAY Address 2: Zoned: HOME OCCUPATION City, State, Zip: NAPLES, FL 34105 Mail is PO BOX 2373 Phone: 253 -0557 Mail 2: City, State, ** LICENSE IS PAID ** Zip NAPLES , FL 34106 ** LICENSE IS OPEN ** Phone: 253 -0557 PUBLIC Code: 03702706 Description: SERVICES State Lic: Class: MAIN TENANCE ONLY OWNER ONLY - County Lic: Category: NO EMPLOYEES City Lic: 0 Preq: 0 New Search Next Record Back To List 2007 Tax Information 2008 Tax Information 1�'5- http: / /coll iertax .com /search/ols_details.php ?ID- 9729332 &page = &year =2009 4/8/2010 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation OHLIS LANDSCAPE, INC. Filing Information Document Number P07000089771 FEI /EIN Number 260674276 Date Filed 08/08/2007 State FL Status ACTIVE Principal Address 12836 BRYNWOOD WAY NAPLES FL 34105 Mailina Address P.O. BOX 2373 NAPLES FL 34106 Registered Aaent Name & Address TAX ACCOUNTING & FINANCIAL ASSOCIATES, INC 809 WALKERBILT RD. SUITE 5 NAPLES FL 34110 Officer /Director Detail Name & Address Title DP OHLIS, BRIAN T 12836 BRYNWOOD WAY NAPLES FL 34105 Annual Renorts Report Year Filed Date 2008 03/04/2008 2009 02/19/2009 2010 04/01/2010 Document Images Document Searches 04/01 12010 — ANNUAL REPORT -fLewimage?in PDF�Iprrjlat.,.�, „„„ 02/19 /2009 --ANNUAL REPORT 1/ietvjmage;irtPAF Tornio[ Page I of 2 Forms Help Entity Name Search Submit E�b http: / / www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= P0700008977... 4/8/2010 alter, or extend any above ground system used for the storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant storage). 1.6.3.22. Glass and Glazing Contractor requires twenty -four (24) months experience, a passing grade on 044th& -( )-g an approved test and a passing grade on a twe{3) -heer business and law test, and means those who are qualified to select, cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing frames, panels, sash and door and holding metal frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitions. The scope of work shall include the installation of hurricane shutters or devices that are integral with the window system. 1.6.3.23. Insulation Contractor. a. All types except buildings - requires thirty -six (36) months experience, a passing grade on tee",,, +3)„ an roved and a passing -- APP test -__ p g grade on a PvA (2) hou F business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat, from internal or external sources on Pipes, vessels, ducts, fire stopping materials, sprayed -on fire resistive materials, or built -up refrigerated boxes or rooms, and acoustical materials. b. Buildings - requires twenty -four (24) months experience, a passing grade on °"" ° "�-m - an approved test and a ✓we (2) ha business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat from rooms or buildings. 1.6.3.24. Irrigation Sprinkler Contractor requires twenty -four (24) months experience and a passing grade on 644ee.(3�h an approved test and a passing grade on a • • ° o r... 2) hour business and law test and means any person who is qualified to install, maintain, repair, alter or extend all piping and sprinkler heads used for irrigation, including any required connections to a water pump; however, such work does not include direct connection to potable water lines. 1.6.3.25. Landscaping Contractor requires twelve (12) months experience and a passing grade on a Ave -61}4 yf business and law test and means any person who is qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, and concrete paving units for sidewalks, patina and decks only, whether or not incidental to landscaping, prepackaged fountains, or waterfalls, provided same does not include connection to a sanitary sewer system, potable water line, or to any electrical installation, which tasks must be Performed by tradesmen licensed in the relevant trade. Landscape Contractors may contract for only removal and/or trimming of trees and/or any other combination of the authorized services. All new applicants aonlvine for landscaning license are reouired to obtain a passing grade on an approved exam Pertaining to pruning and safety in addition to the business and law exam 18 Words saaek4hreygn are deleted; words undalin are added. L V� Community Development & Environmental Services Division Contractor's licensing Investigation Report (Supplemental & Continuation Sheet) Report Date Z IU Original Date Page_ Investigator 1011 fey Complainant Contractor jhlliS t�47 fCQ_I�ILI Investigator Date et �I 1 1 U Comvmj 6j?fAv4 kj COW RyawTw �9 I\ 1 Mz� 3 4 4 �. Investigator Date et 0 c, 5 ° �-G��vuy►� �, ei>r Ivy h I a < � I -F-� y Co e-r County COLLIER COUNTY/CITY OF NAPLES /CITY OF MARCO Contractors' Licensing Board Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Telephone: (239) 252 -2431 Fax: (239) 252 -2469 BUILDING REVIEW AND PERMITTING CONTRACTOR LICENSING SECTION •: 'ICENSE CLSS E J520- 628 -79 -081 -n DRVERI g0 NICHOLAS HARRY JAMES 18187 ADAMS CIR. FORT MYfERS, FL 338670052 von 03M, -1979 sex M Mot 5.71 -2007 :i'3014py �m XDW7132 T0667 WE ORNER -. •� .;�,,. ow�.wr m a mao, +.moi. �onaxm �o.n.m m .may iom�.ri ron..nw.e ey i.- Instructions: This application must a typewritten or legible printed. The application fee must accompany ulia application. The fee is NOT refundable after the application has been accepted and entered on the records. All checks should be made payable to the "Board of County Commissioners ". For further information, consult Collier County Ordinance No. 2006 -46, as amended. (Last Name) 2. (First) (Home Address) City 3. Home Phone + Area Code: County State Zip Mobile Phone #: 2 5 c�- S 7 7 4. S.S.# (Last 4 #'s only): 000 -00- 0 q!3 Date of Birth: / 5. Driver's License #: - Business Phone + 7. Business Address City County State Zip Code 8. License No. of any CURRENT OR PREVIOUS Certificate of Competency held by Applicant: 273YL/ License # License # 9. INDICATE NATURE OF REQUEST - (A) To Qualify as a: ((� Journeyman Electrician $M00 ( ) Journeyman Plumber $$0.00 ( ) Journeyman A/C $$Q00 License # (B) Change of Status: $10.00 ( ) Active License to Dormant ( ) Dormant License to Active Reinstatement: $80.00 - Renewal: $115.00 x 3 - $345.00 ( ) Address Change Renewal (Current Year): $115.00 Reinstatement Total. $540.00 Page 1 of 3 License # 12. Statement of Applicant's business or work experience during the past ten (10) years. 13. Provide the names and telephone numbers of two (2) persons who always know your whereabouts. 14. A 2 of Pny formal training in the trade for which applic tion is being made. 3_ J 2 �C' c l cr /s -rr c�,71 r T�'c it�liX c� ✓i / /rntft?.L' LlT1VV i/0 /T�; AFFIDAVIT The undersigned hereby makes application for registration 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. C'_/ec o s 7 -2 �2q,;�Z Any willful falsification of any information contained herein is grounds for l disqu a lifiica tiion /lio s � V� ^/ / I ` n47_C Applicant (Please Print) t) 1 L Signature of Applica t STATE OF FLO ID COUNTY OF t �i- The foregoing instrument was acknowledged before me this /6) dd�� '/ (Date) By Ni �r]� S 11 Ta➢ ,e S who has pro uce 'f :;L/) (Name of person acknowledging) (Type of identification) as identification and who did not take an oath. gyp. Notary Public State of Fonda Mamare! W Wright c P My commrssion DD579226 +° v �EKpires08106 /2010 NOTARY'S SEAL Page 2 of 3 NOTARY P G" Or W¢ Sduio /�� LORENZO WALKER INSTITUTE OF TECHNOLOGY j ` 3702 Estey Avenue Naples, FL 34104 \Fr„maC-2 -n" (239) 377 -0900 LWIT RECORDS /TRANSCRIPT STUDENT INFORMATION NAME Nicholas James SS# 264 -91 -0996 ADDRESS P.O. Box 1182 _ Estero, FL 33929 Street City State Zip DATE OF BIRTH SEX Male CLASSRECORDS STUDENT RECORDS FOR ALL PROGRAMS PROGRAM Electrical Apprenticeship Program Year 1, 2, 3, PROGRAM NUMBER I460314 PROGRAM LENGTH (HRS/MOS) 8000hrs DATE ENTERED 08 -24 -2000 DATE EXITED 06 -03 -2003 RE -ENTER DATE DATE HOURS COMPLETED 6348 H.S. CREDIT GRADE P CERTIFICATE AWARDED YES CERTIFICATE OF ATTENDANCE CERTIFICATE OF ACHIEVEMENT OCCUPATIONAL COMPLETION POINTS COMPLETED: A. ELECTRICAL HELPER B. APPRENTICE II C. APPRENTICE III X NO CERTIFICATE OF COMPLETION OTHER SCHOOL INFORMATION INSTITUTE ACCREDITED BY: SCHOOL YEAR: GRADING SYSTEM: A STATE A CLOCK HOURS PROGRAM A, B, C, D, F NP—NO PASS B C.O.E. B SEMESTER SYSTEM P =PASS W= WITHDRAWN C CLOSED ENTRY /OPEN EXIT ADDITIONAL PROGRAMS DATE DATE HOURS HLSCH, PROGRAM ENTERED EXITED COMPLETED GRADE CREDIT CERTIFICATE s DATE 3 -1 -2010 AUTHORIZED SIGNATURE i� A f CONTRACTORS' LICENSING BOARD COLLIER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Contractors' Licensing Board Petitioner, vs. CASE NO.2010 -02 LICENSE NBR.: 17303 Gregory Henderson D /B /A Henderson Painting, Inc. Respondent (s) ADMINISTRATIVE COMPLAINT The Contractors' Licensing Board of Collier County, Florida, (hereinafter Board), files this Administrative Complaint against Gregory Henderson, d /b /a Henderson Painting, Inc., (hereinafter Respondent), License Number 17303 and says: COUNT 4.1.6- Disregards or violates, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Workers' 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 County, Florida, as amended. Dated: March 30 2010 Director or his /her Designee Collier County Bldg. Review & Permitting CLB Case # 2010 -02 Gregory Henderson D /B /A Henderson Painting, Inc. Summary On March 3, 2010, the Contractor Licensing office received an anonymous complaint involving painting taking place at 356 Waterleaf Ct. in the City of Marco Island. A site visit was made and no work was taking place at that time. On March 10, 2010, another site visit was made where I, Ian Jackson, met with an individual painting the interior of the home. The individual stated his name was Juan Aguirre and he worked for Henderson Painting and has for three to four months. While on site I, Ian Jackson, researched the County database where I found Henderson Painting, Inc., being qualified by Gregory Henderson (E3) and operating with a Workers' Compensation exemption (E4). I spoke with Mr. Henderson where he stated he utilized a day labor organization, Labor Finders, to provide Workers' Comp. coverage to his employee. Mr. Henderson was not able to provide a current certificate from Labor Finders to show coverage for that day. I instructed Mr. Henderson to pull his employee, Juan, off of the jobsite until a certificate could be provided. While communicating with Labor Finders, I was provided a statement from Eric Geason, Manager of Labor Finders Naples, showing listing of all customers gaining Workers' Comp. coverage from Labor Finders that day (3/10/10). The attached list does not include Henderson Painting (E5 &E6). Pursuant to Florida Statute 440.107(2) (E7), the action of Mr. Henderson not utilizing the day labor organization, Labor Finders, represents the failure to secure payment of Workers' Compensation. This failure constitutes a violation of Florida Statute 440.10(1)(a) (E8), which constitutes a violation of Collier County Ordinance 2006 -46 section 4.1.6 (E9). CLB Case #2010 -02 Gregory Henderson D /B /A Henderson Painting, Inc. Table of Contents E1 & E2- Formal complaint E3- Certificate Detail Report E4- Florida Dept. of Financial Services / Exemption E5 & E6- Statement from Labor Finders E7- Florida Statute 440.107(2) E8- Florida Statute 440.10(1)(a) E9- Collier County Ordinance 2006 -46 section 4.1.6 E10- Notice of Hearing. Hand delivered March 15, 2010 CONTRACTORS' LICENSING BOARD 2800 N. HORSESHOE DRIVE NAPLES., FLORIDA 33942 COMPLAINT NUMBER COMPLAINANT: ANY PERSON WHO BELIEVES THAT A CONTRACTOR HOLDING A STATE CERTIFICATION OR CERTIFICATE OF COMPETENCY HAS VIOLATED COLLIER COUNTY ORDINANCE NUMBER 90 -105, AS AMENDED, MAY SUBMIT A _WORN COMPLAINT TO THE CONTRACTOR LICENSING SUPERVISOR, OR HIS /HUR DESIGNEE. THE COMPLAINT SHALL BE IN SUBSTANTIALLY THE FORM PRESCRIBED BY THE CONTRACTOR LICENSING SUPERVISOR. THE COMPLAINANT SHALL PAY A FEE. OF $50.00, TO DEFRAY THE COSTS OF ADMINISTERING THE COMPLAINT, AT THE TIME OF FILING THE COMPLAINT. THE COMPLAINING PARTY SHALL STATE WITH PARTICULARITY WHICH SECTION(S) OF THIS ORDINANCE HE OR SHE BELIEVES HAS BEEN VIOLATED BY THE CONTRACTOR AND THE ESSENTIAL FACTS IN SUPPORT THEREOF. ��L�PI�_R:l� illy PLEASE PRINT OR TYPE AND RETURN SIGNED COPIES OF THE COMPLAINT. . DATE 04'(l" Y, 7CIC' . AGAINST: II'' II CONTRACTOR'S NAME: U�F, fn HI'6'4I'i1 �4'h PHONE: �) BUSINESS NAMEJ 'L'atill 1mlljl� IN(. - LICENSE NUMBER IF KNOWN: COLLIER CO. COMPETENCY #: 1130 CONTRACTOR'S BUSINESS ADDRESS: Po IL 01(l cc �s�rl�ya� , 13f a — NAME ADDRESS: HOME PHONE:— BUS. PHONE: ))),IA (,5Z "ZdJI I ADDRESS WHERE WORK DONE: J')(a IAlm44,011ti� kl. CITY:`k" COUNTY DATE OF CONTRACT - - DATE JOB STARTED 3 4L DATE JOB COMPLETED R NEW HOME OCCUPIED �n �Iff WERE THERE PLANS AND SPECIFICATIONS? ni_IS THERE A WRITTEN CONTRACT? IF YES, AMOUNT OF CONTRACT HAS CONTRACTOR BEEN PAID IN FULL?—PA- IF NOT, WHAT AMOUNT? OA WAS A BUILDING PERMIT OBTAINED ?__W WHO OBTAINED BUILDING' PERMIT? HA PERMITT #r IF KNOWN—AA ES HAVE YOU COMMUNICATED BY LETTER WITH THE LICENSEE? E DATE1 c DO YOU HAVE HIS REPLY? YLS PLEASE ATTACH TO THIS FORM ALL 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 -105, 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 Workers' Compensation laws of the State — of Florida or ordinances of this County. PLEASE STATE THE FACTS WHICH YOU BELIEVE SUBSTANTIATE YOUR CHARGE OF MISCONDUCT AGAINST THE SUBJECT CONTRACTOR:- (LIST FACTS SEPARATELY FOR EACH SUBSECTION NUMBER ABOVE) On March 10, 2010, Mr. Henderson failed to secure and maintain Workers' Compensation coverage for his employee while engaging in construction at 356 Waterleaf Ct. Marco Island, Fl. As required by Florida Statute 440.10(1)(a). n (IF ADDITIONAL SPACE IS�, D, USE SEPARATE SHEET) 'S SIGNATURE) STATE OF COUNTY OF c':, %Vter Sworn to (or affirmed) and subscribed before me this day of V by �c-L �cl n sr:raaa (name of person making statement) MVA% 00MM"an 006ew74 EXPF060410012011 C� SI URVOF NOTARY PUBLIC . PRINT, TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC) Personally known " or Produced identification El Certificate Detail Report CDPR2305 - Certificate Detail Report CERT NBR QUALIFIER NAME DBA 17303 GREGORY HENDERSON HENDERSON PAINTING, INC. DETAIL CLASS CODE CLASS DESC 4270 PAINTING CONTR. ORIG ISSD DATE 3/5/1997 RENEWAL DATE WC EXEMPT Y COMPANY REISSUED PHONE POLICY ,ollier County Board of County Commissioners JD -Plus for Windows 95 /NT EXP DATE; EFFECTIVE DATE STATUS INACTIVE STATE HER STATE EXP DATE 0TH OL NBR OTH OL EXP DATE FL 34145- CNCL DATE Printed on 3/10/201 3:35:15PH Page 1 c3 COUNTY COMP CARD COUNTY EXP DATE EXPIRE DATE (239)394 -4588 MAILING ADDRESS PHYSICAL ADDRESS 9/30/2010 819 CHESTNUT CT. MARCO ISLAND FL 34146 - MARCO ISLAND COUNTY OL EXEMPT N CNCL DATE INS., INC. -MARCO 9/25/2010 PHONE EFFECTIVE DATE (239)394 -7575 COUNTY OL NBR COUNTY OL EXP DATE MPG32574 913236 INSURANCE LIMITS 9/30/2009 REINSTATE DATE WORKERS COMPENSATION INSURANCE WC EXEMPT Y COMPANY REISSUED PHONE POLICY ,ollier County Board of County Commissioners JD -Plus for Windows 95 /NT EXP DATE; EFFECTIVE DATE STATUS INACTIVE STATE HER STATE EXP DATE 0TH OL NBR OTH OL EXP DATE FL 34145- CNCL DATE Printed on 3/10/201 3:35:15PH Page 1 c3 DBA PHONE FAX (239)394 -4588 MAILING ADDRESS PHYSICAL ADDRESS P. O. BOX 1141 819 CHESTNUT CT. MARCO ISLAND FL 34146 - MARCO ISLAND LIABILITY INSURANCE COMPANY EXP DATE LUTGERT SMITH - LESHER INS., INC. -MARCO 9/25/2010 PHONE EFFECTIVE DATE (239)394 -7575 9/25/2007 POLICY NUMBER CNCL DATE MPG32574 INSURANCE LIMITS 600,000 WORKERS COMPENSATION INSURANCE WC EXEMPT Y COMPANY REISSUED PHONE POLICY ,ollier County Board of County Commissioners JD -Plus for Windows 95 /NT EXP DATE; EFFECTIVE DATE STATUS INACTIVE STATE HER STATE EXP DATE 0TH OL NBR OTH OL EXP DATE FL 34145- CNCL DATE Printed on 3/10/201 3:35:15PH Page 1 c3 Employer Detail Page WSERV=11 DA ICIS DEpA n TIALNT Or FINANCIAL Page 1 of 1 Alex Sink Chid Ftnmtci;d oll icer off IondoA FLOES HOME CONTACT US SEARCH BY SUBJEC I HELP EN ESPANOL SEARCH FLOPS Workers' Comp Home About Us Assessment Rates Benefit Delivery Process Centralized Performance System Ch. 440 FL Statutes Contact Us Databases Directory District Offices El Frequent Questions History Memoranda /Bulletins Publications Related Links Rules & Forms Safety Statistics What's New my rronm Aw» nu�M Employer Detail Page This Database was Last Updated: 31'3012010 10:33:25 PM Return to Query Form Employer Information EmpluyFr Name ERSON PAINTING INC .I Address 547 CORMORANT COVE Qty _ NAPLES (State yI p 34113 County Collier Employer Typr� (CORPORATION NAICS Code No Coverage History Exemption Listings Ciick Exemption Holder's Name for Details. [Nnnne— FRANCISCO PINTO GREGORY HENDERSON No Owner Election of Coverage Listings No Additional Locations Employer Name History r g Change Date E llpl o Type Le al ). CCurrent Return to Query Form DIVISION OF WORKERS' COMPENSATION (800) 742 -2214 or (850) 413 -1601 Florida Division of Workers' Compensation - 200 East Gaines Street - Tallahassee, Florida 32399 -4228 - - Legal Notices Under Florida law, a -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. EA http: / /www.myfloridacfo. com/W CAPPS/ Compliance_ POC /wScripts/Employer.asp ?EmpL.. GO II 3/31/2010 03/11/2010 09:41 12397932709 LABOR FINDERS,NAPLES PAGE 01/02 3305 Bayshore Dr. Naples, Fl. 34112 Ph -(239) 793 -5500 Fax- (239)793 -2709 Subject: Comments: THANK YOU E5 03/11/2010 09:41 `o C a m a EA m a A m N m m a o 12397932709 �3m c�c � h LABOR FINDERS,NAPLES H 3 PAGE 02/02 C N 5 f" 0 r 3p 3 P y V 3 CL s , 4�1 jr sue' h r Y J 00 P 1 s G M a ti s i l.J H 3 PAGE 02/02 C Statutes & Constitution :View Statutes :- >2003- >Ch0440- >Seetion 107 : flsenate.gov Pagel o4`3 Home Select Year: 2009 Go Session Committees Senators 0 The 2004 1dorida Statutes Information Center 0 Title XXXI Chaptei 440 View Entire Chapter Statutes & Constitution / LABOR WORKERS' COMPENSATION Video Broadcasts 440.107 Department powers to enforce employer compliance with coverage requirements.- - • �41�•� (1) The Legislature finds that the failure of an employer to comply with the workers' compensation Session: 12010 coverage requirements under this chapter poses an immediate danger to public health, safety, and welfare. 13iu p: I .Go (2) For the purposes of this section, securing the payment of workers' compensation" means obtaining coverage that meets the requirements of this chapter and the Florida Insurance Code. _ However, if at any time an employer materially understates or conceals payroll, materially Sewon 12010 - misrepresents or conceals employee duties so as to avoid proper classification for premium calculations, or materially misrepresents or conceals information pertinent to the computation and Chamber. senate ; ® application of an experience rating modification factor, such employer shall be deemed to have forth failed to secure payment of workers' compensation and shall be subject to the sanctions set — 'Search, I in this section. A stop -work order issued because an employer is deemed to have failed to secure has I the payment of workers' compensation required under this chapter because the employer materially understated or concealed payroll, materially misrepresented or concealed employee duties so as to avoid proper classification for premium calculations, or materially misrepresented ® or concealed information pertinent to the computation and application of an experience rating Year: 2009 ,I modification factor shall have no effect upon an employer's or carrier's duty to provide benefits �— Search under this chapter or upon any of the employer's or carrier's rights and defenses under this chapter, IIVI VIIIII` li including exclusive remedy. +} ` JJ (3) The department shall enforce workers' compensation coverage requirements, including the Enter Yoga zip *n Code: requirement that the employer secure the payment of workers' compensation, and the requirement that the employer provide the carrier with information to accurately determine payroll and F_ -Go correctly assign classification codes. In addition to any other powers under this chapter, the department shall have the power to: WO W Got WO 4'm=R P= (a) Conduct investigations for the purpose of ensuring employer compliance. (b) Enter and inspect any place of business at any reasonable time for the purpose of investigating �K7ww %r:�1wr employer compliance. (c) Examine and copy business records. (d) Administer oaths and affirmations. (e) Certify to official acts. (f) Issue and serve subpoenas for attendance of witnesses or production of business records, books, papers, correspondence, memoranda, and other records. (g) Issue stop-work orders, penalty assessment orders, and any other orders necessary for the administration of this section. (h) Enforce the terms of a stop -work order. (i) Levy and pursue actions to recover penalties. E1 http: / /www.flsenate.gov /Statutes /index.cfm ?App_mode= Display _Statute &Search_String =... 3/24/2010 Statutes & Constitution :View Statutes :- >2009- >Ch0440- >Section 10 : flsenate.gov Page 1 of 2 Home Select Year: F2009 -] Go Session / Committees Senators P "fhC 2009 Florida Statutes Information Center P Title XXXI Chaptei 440 View Entire Chapter Statutes E Constitution ► LABOR WORKERS' COMPENSATION Video Broadcasts 440.10 Liability for compensation.- - • (1)(a) Every employer coming within the provisions of this chapter shall be liable for, and shall S's"on 12010 _zJ secure, the payment to his or her employees, or any physician, surgeon, or pharmacist providing 3,L1 n F_ Go services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.157 in any or construction in and 440.16. Any contractor or subcontractor who engages public private iii u uV the state shall secure and maintain compensation for his or her employees under this chapter as provided in s. 440.38. S�,ssmn: 2010 (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 a,amhec senate lr engaged on such contract work shall be deemed to be employed in one and the same business or �— aearc6 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 1 payment. ® (c) A contractor shalt require a subcontractor to provide evidence of workers' compensation Y" r! f-2-0-0-9-17 insurance. A subcontractor who is a corporation and has an officer who elects to be exempt as t—� Y Search permitted under this chapter shall provide a copy of his or her certificate of exemption to the l Contractor. . (d)1. If a contractor becomes liable for the payment of compensation to the employees of a arcer Your zlp.4 Code: subcontractor who has failed to secure such payment in violation of s. 440.38, the contractor or other third -party payor shalt be entitled to recover from the subcontractor at benefits paid or payable plus interest unless the contractor and subcontractor have agreed in writing that the contractor will provide coverage. �Al Apmbk " 2. 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 'IRtFYRM'�9C!'!�'ti" ll' 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. 440.11 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 2. 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 U http: / /www.flsenate.gov/ Statutes / index .cfm ?App_mode= Display_Statute &Search String =... 3/23/2010 kfair(d befivery-- COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 252 -2432 • Fax (239) 252 -2469 Date: March 15, 2010 Gregory Henderson D /B /A Henderson Painting Inc. 819 Chestnut Ct. Marco Island, Fl. 34145 RE: Complaint filed against you by Collier County Contractor Licensing Dear Mr. Henderson: 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 April 21, 2010 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 of the 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 # 2002 -21, as amended, the range of disciplinary sanctions which maybe imposed are from an oral reprimand to a suspension or revocation of your Collier County Certificate # 17303 and /or sup sion or revocation of your permit privileges against your state license # N /A. Sic ly, In Ja son Licensing Compliance Officer phone# 239 - 252 -2451 /mw • c o t [ i e r c o k t y DO