CLB Agenda 04/18/2012�ak Ic ��
Co'�er County
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
AGENDA
APRIL 18, 2012
9:00 A.M.
COLLIER COUNTY GOVERNMENT CENTER
ADMINISTRATIVE BUILDING
BOARD OF COUNTY COMMISSIONERS CHAMBERS
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.
ROLL CALL
ADDITIONS OR DELETIONS:
III. APPROVAL OF AGENDA:
IV. APPROVAL OF MINUTES:
DATE: March 21, 2012
V. DISCUSSION:
VI. NEW BUSINESS:
VII. OLD BUSINESS:
(A) Orders of the Board
(B) Bob's Air Conditioning and Refrigeration Inc.
VIII. PUBLIC HEARINGS:
(A) Case # 2012 -05
Christopher McHugh
D /B /A- PMC Enterprises Division, Inc.
(B) Case # 2012 -06
Walter Paesano
D /B /A- Paesano's painting, LLC.
IX. REPORTS:
X. NEXT MEETING DATE: COD ER COUNTY GOVERNMENT CENTER
ADMINISTRATIVE BUILDING
THIRD FLOOR IN COMMISSIONERS CHAMBERS
3299 E. TAMIAMI TRAIL
NAPLES, FL 34112
March 21, 2012
MINUTES OF THE
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
MEETING
March 21, 2012
Naples, Florida
LET IT BE REMEMBERED that the Collier County Contractors' Licensing
Board, having conducted business herein, met on this date at 9:00 AM in
REGULAR SESSION in in Administrative Building "F," 3rd floor, Collier County
Government Complex, Naples, Florida, with the following Members present:
CHAIRMAN: Lee Horn
Vice Chair: Richard Joslin
Michael Boyd
Terry Jerulle
Kyle Lantz
Robert Meister
Jon Walker
Patrick White
Excused: Thomas Lykos
ALSO PRESENT:
Michael Ossorio — Supervisor, Contractors' Licensing Office
James F. Morey, Esq., Attorney for the Contractors' Licensing Board
Steve Williams, Esq., Assistant County Attorney
Rob Ganguli, Licensing Compliance Officer
Ian Jackson, Licensing Compliance Officer
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March 21, 2012
Any person who decides to appeal a decision of this Board will need a record of the proceedings
and may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the Appeal is to be based.
I. ROLL CALL:
Chairman Lee Horn called the meeting to order at 9:02 AM and read the procedures to
be followed to appeal a decision.
Roll call was taken and a quorum was established. Six members were present.
II. ADDITIONS OR DELETIONS:
Changes:
• Agenda noted the date of Minutes was February 15 — correct date is February 16Th.
• Under Item VII, "Public Hearings" — Case #2012 -04, "Brandon M. Acosta," was
deleted. The case was settled.
III. APPROVAL OF AGENDA:
Kyle Lantz moved to approve the Agenda as amended. Second by Vice Chairman
Joslin. Carried unanimously, 6 — 0.
IV. APPROVAL OF MINUTES — February 16,2012:
Corrections:
Page 11, under Item VIII, "Public Hearings" —
o James F. Morey, Esq., Attorney for the Board, noted on Mr. Jerulle
stated he would abstain from voting during Case #2012 -02, Raymond V.
Trotta, due to a possible conflict of interest. He requested to include
Form 8 -B, entitled "Memorandum of Voting Conflict," in the Minutes
and to reference it as County's Exhibit "A."
Page 11, 4th paragraph —
o Patrick "Walker" was changed to Patrick "White"
('ferry Jerulle and Michael Boyd arrived @ 9:07 AM.)
Terry Jerulle read the following "Disclosure of Local Officer's Interest" into the record:
"The measure which came before the Board involved possible discipline
and revocation of a Contractor's license. The Subject Contractor had in
the past provided services to my company as a sub - contractor. While there
are no current pending jobs for which the Contractor is providing services
to my company, given the past relationship, I thought it was prudent to abstain
from voting on the matter."
(Mr. Jerulle signed the document, which was marked as County's Exhibit "A,"
on March 21, 2012.)
March 21, 2012
Patrick White moved to approve the Minutes of the February 16, 2012 meeting as
amended. Second by Kyle Lantz. Carried unanimously, 8 — 0.
V. DISCUSSION:
Michael Ossorio, Supervisor — Contractors' Licensing Office, noted the Respondent in
Case #2012 -03, under Item VIII, "Public Hearings, " was represented by Attorney Patrick
Neale. He suggested the Board consider hearing the case first.
Patrick White stated he filed a Form 8 -B in the case and asked the Board's Attorney if
his vote to change the item's place on the agenda would be considered as improper.
Attorney Morey stated the vote was simply administrative and had no bearing on the
merits of the case.
Vice Chairman Joslin moved to approve hearing Case #2012 -03 before the other
business noted on the Agenda. Second by Patrick White. Carried unanimously, 8 — 0.
VIII. PUBLIC HEARINGS:
(Note: In the case(s) heard under this Section and Section VI, "New Business,"
the individuals who testified were sworn in by the Attorney for the Board.)
A. Case #2012 -03: Linda Curiale, d/b /a Global Maintenance & Restoration, Inc.
Patrick H. Neale, Esq., of Patrick Neale & Associates, appeared on behalf of the
Respondent, Linda Curiale, who was also present.
Chairman Horn outlined the general process of the Public Hearing:
• The County will present an Opening Statement to set forth the charges and,
in general terms, how it intends to prove the charges.
• The Respondent will present his/her Opening Statement setting forth, in
general terms, defenses to the charges.
• The County will present its Case in Chief by calling witnesses and presenting
evidence.
• The Respondent may cross - examine the witnesses.
• After the County has closed its Case in Chief, the Respondent may present
his/her defense, i.e., 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.
• After the Respondent has presented his/her case, the County will present a
Rebuttal to the Respondent's presentation.
• When the Rebuttal is concluded, each party is permitted to present a Closing
Statement.
March 21, 2012
• The County is allowed a second opportunity to rebut the Respondent's
Closing Statement.
• The Board will close the Public Hearing and begin deliberations.
• Prior to beginning deliberations, the Board's Attorney will give a "charge"
to the Board, similar to the charge given to a jury, setting out the parameters
on which the decision will be based.
• During deliberations, the Board can request additional information and
clarification from the parties.
• The Board will decide two different issues:
• Whether the Respondent was guilty of the offense(s) as charged in the
Administrative Complaint, and a vote will be taken on the matter.
• If the Respondent was found guilty, the Board must decide the sanctions
to be imposed.
• The Board's Attorney will advise the Board concerning the sanctions and the
factors to be considered.
• The Board will discuss the sanctions and vote.
Attorney Neale stated a "Request for Continuance" was filed in the matter which
could be held in abeyance pending the adoption of the Stipulation which his client
and the County entered into and signed. He further stated if the Board adopts the
Stipulation, the Request for a Continuance will be withdrawn. If the Board does not
adopt the Stipulation, the Request will remain.
Michael Ossorio stated the terms of the Stipulation were agreed to by the County
but if the Board does not adopt the Stipulation, a full Hearing will be held next
month.
He outlined the protocol:
• Ian Jackson will present the County's Opening Statement and the Respondent
will also present an Opening Statement.
• The Stipulation will be read into the record.
• The Board will vote to close the Public Hearing.
• The penalty phase will begin and the Board can accept the Stipulation.
Attorney Neale stated he created a new Stipulated Order form to simplify the
process for the Board.
(A copy of the document was distributed to the members and to the Attorneys for the
County and the Board.)
He stated the document incorporated both the Stipulation and the Agreed Order.
The Board would not be required to read the entire Findings of Fact and Conclusions
of Law into the record.
Patrick White stated he filed a Form 8 -13, "Memorandum of Voting Conflict," in
the matter and provided a copy for each Board member.
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March 21, 2012
The "Disclosure of Local Officer's Interest" is as follows:
"Linda Curiale, d/bla Global Maintenance & Restoration, Inc.,
(the Respondent) came before the Board for a Public Hearing. The
Respondent made a Request for a Continuance by written Motion
submitted prior to the Public Hearing. The Respondent is the General
Contractor on a project owned by a client of inine for whole I ai'n
retained. Any possible discipline to the Respondent could result in a
special gain or loss to my client. Therefore, prior to any participation
in the discussion regarding the Continuance andlor Public Hearing,
I thought it appropriate to make this disclosure."
(Mr. White signed the document on March 20, 2012.)
Attorney Neale requested to enter the Request for Continuance into evidence.
Vice Chairman Joslin moved to approve entering Case No. 2012 -03, Board
of County Commissioners vs. Linda Curiale, Collier County License
#CGC1508927127333, d/bla Global Maintenance & Restoration, Inc., into
evidence. Second by Chairman Horn.
Motion carried, 7— "Yes "ll — "Abstention." Mr. White abstained from voting.
• Chairman Horn entered the information packet into evidence,
marked as County's Exhibit `B."
Vice Chairman Joslin moved to approve entering Form 8 -B, "Memorandum
of Voting Conflict, " signed by Patrick White, into evidence. Second by Jon
Walker.
Motion carried, 7— "Yes "11 — "Abstention." Mr. White abstained from voting.
• Chairman Horn entered the document into evidence, marked as
County's Exhibit "C."
Kyle Lantz moved to approve entering Respondent's Request for Continuance
into evidence. Second by Vice Chairman Joslin.
Motion carried, 7 — "Yes "ll — "Abstention. " Mr. White abstained from voting.
• Chairman Horn entered the document into evidence, marked as
Respondent's Exhibit "1."
Ian Jackson, Licensing Compliance Officer, presented the County's Opening
Statement:
• "The County is prepared to show through sworn testimony and
documented facts that Ms. Curiale violated Collier County
Ordinance #90 -105, as amended, Sections 22 -201.1 and 22 -202 by
willfully violating the Florida Building Code by performing construction
activity at 8787 Bay Colony Drive, exceeding the scope allowed by an
Early Work Authorization."
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March 21, 2012
Attorney Patrick Neale presented the Respondent's Opening Statement:
• "We have facts in evidence to show that my client did not, in fact,
violate the provisions of the Code and we are prepared to put on an
adequate defense to show that she is not guilty of the violation."
Attorney Neale stated the Respondent and the County have agreed, with reference
to the Stipulated Settlement Agreement, to admit the allegations contained in the
Administrative Complaint.
He outlined the terms of the Agreement:
• The Respondent will be subject to probation for a period of twelve (12)
months and will be subject the supervision of the Board while conducting
her contracting activities.
• The Respondent will personally apply for all permits and be present, either
in person or telephonically, for any reviews or questions as to the contracting
operations of the company which she qualifies during the probationary
period.
o This includes permits issued by the Cities of Marco Island or
Naples and for Fire Code reviews.
• In the event the Respondent violates the above terms while on probation,
her license /certificate will be immediately suspended for any new permits
and a hearing on the suspension and violation will be held at the next
scheduled Board meeting.
• The Stipulation and Agreed Order will be forwarded to the State
Construction Industry Licensing Board with a recommendation of "no
further action."
Chairman Horn asked for the County's recommendation.
Michael Ossorio stated there are no objections to the Stipulation. The Building
Department's concern is that the qualifier understands that she is responsible
for pulling building permits and for being responsible on the job site. He
further stated the terms of the Stipulation were agreed to by the Respondent's
Attorney and himself as the Licensing Office Supervisor.
Kyle Lantz stated he was not aware of another instance when a State Contractor
was placed on probation by the Board.
Attorney Neale stated it is not permitted by a Code or statutorily but a Contractor
can voluntarily agree, and his client has agreed voluntarily in order to continue to
work.
Michael Ossorio confirmed the Code does allow cities and municipalities some
flexibility concerning restricting or modifying building permit pulling privileges.
He stated probation is a restriction. Her privileges will be restricted for twelve
months.
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March 21, 2012
Mr. Ossorio explained if the Respondent violated the terms of the Stipulation
during the probationary period, (1) her license will be suspended and she will
not be allowed to pull any new permits, and (2) a Public Hearing will be scheduled
before the Board. Her permit pulling privileges could be suspended or revoked.
Mr. Neale clarified, according to the terms of the Stipulation, his client could
continue to work on jobs where permits had been pulled but could not pull any
new permits.
Terry Jerulle asked about the status of the project that was the subject of the
violation.
Linda Curiale replied there were four permits and the project should be completed
in approximately 45 days. For the first permit, after the violation, she met with the
County to determine how the remainder of the job was to be permitted. It was
broken out into sections — three additional permits were obtained last week. She
clarified the current job is under permit.
Attorney Morey suggested verifying with the Respondent that she thoroughly read
the Stipulation, agreed to the terms, had the benefit and advice of Counsel and is
prepared/willing to freely enter into the Agreement.
Chairman Horn questioned the Respondent and she replied affirmatively that she
read and understood the Stipulation, had the advice of Counsel, and agreed to the
terms.
Vice Chairman Joslin asked if the Stipulation and her admission of guilt would
be entered into the Respondent's record with the County and the response was
"yes."
Terry Jerulle asked Ian Jackson if he had spoken with the owner of the building.
Mr. Jackson responded it was Condominium and the Association's representative
had been in contact with the County's Building Department.
Michael Ossorio stated he had spoken to one of the building managers and an
Association member. He confirmed there were no issues — the goal was to complete
the job.
Kyle Lantz moved to approve accepting the Stipulation. Second by Vice Chairman
Joslin.
Motion carried, 6— "Yes " /1— "No "/1— "Abstention." Vice Chairman Joslin was
opposed and Patrick White abstained from voting.
The Stipulation was signed by the Chairman and the Respondent.
Chairman Horn stated:
• This cause came on for public hearing before the Contractors' Licensing
Board on March 21, 2012 for consideration of the Administrative Complaint
in Case #2012 -03 filed against Linda Curiale, d/b /a "Global Maintenance &
Restoration, Inc.," Collier County Certificate #CGC1508927/27333.
March 21, 2012
Service of the Complaint was made in accordance with Collier County
Ordinance 90 -105, as amended.
The Board, at this Hearing, having heard testimony under oath, received
evidence, and heard arguments respective to all appropriate matters,
issued its Findings of Facts, Conclusions of Law, and Order of the Board.
Attorney Neale noted the Stipulation incorporated the Findings of Fact and
Conclusions of Law. The Order was written to state that everything contained
in the Stipulation was adopted by the Board. He stated the purpose was to save
the Board from having to read the Findings of Fact and Conclusions of Law into
the record.
Attorney Morey concurred, stating the Order also adopted the penalty phase.
VI. NEW BUSINESS:
A. Brian Hemenway, — Request for Waiver of Examination(s)
• Had moved out of state several years ago and allowed his license to lapse
• Returned to Florida and obtained a license in Lee County
• In process of obtaining a license in Cape Coral where he resides
• Requested to reinstate his license in Collier County without being required
to take an examination
• Specialty license: Cabinetry installation and millwork
Michael Ossorio noted to become a cabinet contractor, the Code requires an
applicant to take the Business Procedures test. He stated Mr. Hemenway took and
passed the exam in 2004. His license was cancelled ( "null and void) in 2009.
Recommendation: The County has no objection to waiving the testing requirements.
Mr. Ossorio confirmed no complaints have been made concerning Mr. Hemenway.
Kyle Lantz asked about his inability to pay his credit cards.
Brian Hemenway replied he filed for personal Bankruptcy.
Mr. Ossorio asked how long his company, "Level Line of Naples, Inc." had been
in business and the response was since he returned earlier this year.
He noted there was nothing in the Credit Report to indicate the applicant was
unable to pay his debt as a Contractor.
Brian Hemenway stated he obtained his Certificate of Competency in Lee County
and will appear before the Cape Coral Licensing Board on March 28th. He stated
he has been active in the industry for 27 years.
Vice Chairman Joslin moved to approve Brian Hemenway's request to waive
testing requirements. Second by Robert Meister. Carried unanimously 8 — 0.
March 21, 2012
B. Keith Sherwood — Request for Waiver of Examination(s)
• Lived in Collier County for 25 years and operated his painting business
( "Keith Sherwood Painting, Inc. ")
• Moved to Lee County in 2004 and obtained a license as a painting
contractor (2004 through 2008)
• April 2008 — obtained employment with Kurtz Homes of Naples
• September 2008 — changed status of license to "Inactive"
• Has been unemployed since March 2011
• Has the funds necessary to reopen his business
• Requested to reinstate his Collier County license without being required
to take an examination
Michael Ossorio explained that while the status of the license can be changed to
inactive or dormant, it still must be renewed. Mr. Sherwood's license was cancelled
in 2005. He has petitioned the Board to waive taking the painting exam and the
Business Procedures test.
Keith Sherwood clarified he continued to work in Lee County after he moved
from Collier County.
Chairman Horn noted Mr. Sherwood took the Business & Law Exam and the
painting test in 1998. He asked Michael Ossorio if there have been any significant
changes in the painting exam.
Michael Ossorio responded there have not been any changes over the years.
Patrick White noted an address was specified in Mr. Sherwood's cover letter and
asked if the activities outlined were appropriate for the location, i.e., storing
equipment and maintaining an office.
Mr. Ossorio explained if the application is approved, Mr. Sherwood will apply
to obtain a Business Tax Receipt through the Zoning Department which will
determine if the zoning requirements are met.
Recommendation: The County has no objection to waiving the testing requirements.
Patrick White moved to approve Keith Sherwood's request to waive testing
requirements. Second by Vice Chairman Joslin.
Terry Jerulle asked if recent changes concerning lead paint were incorporated
into the exam.
Michael Ossorio stated he reviewed the exam and the requirements were the
same as it was in 1998.
Kyle Lantz noted Mr. Sherwood has been working in the field since 1998 either
for himself or as an employee of someone else.
Vice Chairman Joslin asked if the County required any Continuing Education
hours when a license is renewed.
Mr. Ossorio stated there were no requirements and noted Mr. Sherwood has been
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March 21, 2012
active in the field in Lee County as well.
It was noted lead paint is usually found in older homes, i.e., built prior to 1978.
Chairman Horn asked the applicant if he was familiar with the new lead paint
procedures.
Mr. Sherwood stated he has kept up his reading on the subject but has not had a
lead paint issue to date.
Kyle Lantz stated lead paint is not as common in the area.
Chairman Horn called for a vote. Motion carried, 7 — "Yes "/1— "No. " Terry
Jerulle was opposed.
C. Joseph Iafornaro — Credit Review /Question #3 on Application
• He applied for a carpentry license in 2007 but his application was denied
• He still has skills and wishes to obtain a license
Chairman Horn asked the applicant if he has been working for someone in the
trade from 2007 to the present and the response was affirmative. He asked the
applicant to summarize why his license was denied by the Board.
Joseph Iafornaro stated he had an agreement regarding a project but there was a
disagreement concerning the scope of work and it went to Court. He was convicted
of a misdemeanor.
Michael Ossorio provided background information:
• The applicant initially appeared before the Board on September 19, 2007 to
apply for a carpentry license
• The application was forwarded to the Board because (1) he had been found
guilty of working without a license and (2) his credit was sub - standard
• He continued to work as a handyman and for contractors
• Has satisfied the 2007 debt owed to the homeowner
• There are no issues with compliance but he may have credit issues
Mr. Iafornaro stated his bike was stolen approximately 4 months ago and he has
not been able to pay off the difference not covered by insurance.
Patrick White questioned a closed account for Harley- Davidson in 2005.
Mr. Iafornao replied he bought a Harley in 2005 and paid for it. He stated at the
time he purchased the bike, his credit was good.
Chairman Horn referenced Page 2 of the Credit Report and noted there was an
unpaid charge -off under the Harley- Davidson entry. He stated there were at least
two other accounts in collection and requested an explanation.
Joseph Iafornaro stated the down -turn in the economy has made it difficult for
him to pay his obligations. He stated if he is issued a license, he can become more
productive and pay off his debts.
Chairman Horn asked what type of work the applicant was doing presently and
the response was as a handyman doing various odd jobs.
Mr. Iafornaro stated he has been licensed as a handyman for several years.
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March 21, 2012
Vice Chairman Joslin asked the applicant why he had not found a permanent
job since 2005. It appears as if the applicant was not looking for a job.
Joseph Iafornaro stated he worked as a handyman. He stated he had a valid
LLC until recently and did have liability insurance until last year.
Chairman Horn noted one of the criteria for approving an application is how
much experience the applicant has had in the field and have been learning under a
licensed Contractor. He asked the applicant to explain where he obtained his
experience. Mr. Iafornaro outlined his carpentry experience:
• Worked for the former Vice Mayor of Naples at his home in North
Carolina;
• Worked for real estate brokers — both carpentry and handyman work —
under a homeowner permit;
• He stated he did not write down everything on the application.
Kyle Lantz stated to obtain a license from the State, an applicant must provide
proof of experience under a licensed contractor in the field, i.e., a plumber cannot
verify for a general contractor. The Affidavits submitted do not verify work in the
trade.
Michael Ossorio stated the requirement was the number of years of experience.
The application has not undergone a full review due to the credit issues which is
why it was submitted to the Board. Individuals from out -of -state are necessarily
not licensed so the Licensing Office does accept affidavits regarding experience
and work product from persons other than licensed contractors.
Joe Iafornaro stated before he moved to Naples, he lived and worked in Orlando
(since 1970). He is 47 and began working as a carpenter when he was 20 years
old.
He showed his portfolio to Mr. Ossorio. He built approximately 80 boat docks
during a period of 10 to 15 years while in Orlando which are still standing.
Years ago, structural engineering or architectural seals were not required. He
stated he made his own drawings which have been recorded in Orange County
for the structures that he built. He noted a license was not required in Orange
County to build boat docks. He further stated he has worked for licensed marine
contractors.
He continued he has worked for Joseph "Vee" who is a licensed General Contractor
and builds custom homes in the Port Royal area. He can provide a reference from
him.
Chairman Horn noted his concerns:
The credit history;
The applicant has not submitted proof that he has worked in the field for
a licensed contractor i.e., a carpenter, a G.C., or a homebuilder -- references
from someone in the industry who knows the trade and can evaluate the
applicant's work product.
Terry Jerulle concurred and stated he would not the applicant as a carpenter based
on the experience presented.
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March 21, 2012
Kyle Lantz stated the experience must be documented by licensed contractors.
Michael Ossorio stated the applicant has applied for a Carpentry License. He
took and passed the Business Procedures test and Carpentry Exam. Code requires
at least 36 months experience to take the exam.
He continued if the Board determines the applicant's experience is not sufficient,
the applicant can be restricted to performing certain types of work, i.e., granting a
cabinet license which will limit him to installing baseboards, trims, and millwork.
Vice Chairman Joslin asked the applicant what he intended to do if the Board
approved his application for a Carpentry License.
Joseph Iafornaro stated he would legally be able to subcontract for local licensed
contractors and would do any kind of carpentry work.
Mr. Joslin stated while he has a number of reservations, he is willing to give the
applicant "a break" and let him work as long as he is restricted to certain types of
work.
Chairman Horn asked if the applicant had a "handyman agreement" with the
County in the past.
Michael Ossorio stated there is an exemption for handyman activity. The Tax
Collector issues a maintenance license (Business Tax Receipt). There have been
no complaints made against him.
Vice Chairman Joslin moved to approve allowing the applicant to submit a full
applicant/information packet to the Licensing Office obtain a Carpentry License.
Second by Patrick White.
Mr. Ossorio stated he will review the applicant's portfolio and full application to
ensure that the criteria has been met before issuing a Certificate of Competency to
him.
Patrick White stated due diligence has been done and if there are problems in the
future, the Board will see him again.
Mr. Ossorio explained the Code allows him to restrict the applicant's license if
he does not provide sufficient proof of experience — he can be restricted to working
on single - family homes, or cabinetry, or counter tops, etc.
Vice Chairman Joslin amended his motion to allow Licensing Supervisor Ossorio
to determine which portion of the Cabinetry License the applicant is qualified to
obtain. Second by Patrick White.
Kyle Lantz objected and stated the applicant has not "paid his duds" and does not
have the required experience in the trade.
Vice Chairman Joslin stated the applicant must submit a full application packet to
the County. The Board must decide whether to let him go or allow him to take the
next step. If he cannot provide proof, he will be back before the Board.
Patrick White noted there has not been enough documentation submitted for a
full Carpentry License and Michael Ossorio can restrict him. The Board was
asked to review Question 3 on Page 3. The Board has done that. The applicant
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March 21, 2012
can submit a full application to the Contractors' Licensing Office. If Mr. Ossorio
determines the applicant has not submitted sufficient proof, he can restrict his
license on behalf of the County. The Board has not been asked to grant a Carpentry
License to the applicant.
Jon Walker agreed and noted the applicant has taken some steps toward obtaining
his license.
Chairman agreed with Patrick White. He stated the Board was asked to review
the Credit Report and has done so.
Chairman Horn called for a vote. Motion carried, 6 — "Yes "12 —No." Mr. Lantz
and Mr. Jerulle were opposed.
Chairman Horn suggested to the applicant that he bring as much documentation
with him as possible when he submitted his full application.
VII. OLD BUSINESS:
B. Orders of the Board
Patrick White moved to approve authorizing the Chairman to sign the Orders
of the Board. Second by Kyle Lantz. Carried unanimously, 8 — 0.
IX. REPORTS:
• Patrick White noted the 2012 Florida Building Code became effective on
March 15th. There were significant changes to the 2010 version.
X. MEMBER COMMENTS:
Kyle Lantz stated there have been a number of requests to waive taking an
examination. The problem is not because an applicant doesn't know his trade —
it is because he doesn't know how to run a business. People wash out of a trade
for a reason. He suggested the Board should consider making applicants take
the Business Procedures test before granting a license.
Michael Ossorio stated the majority of requests are not seen by the Board
because during the pre -app meeting, the applicant was encouraged to take the
exam.
Vice Chairman Joslin agreed stating the Business & Law exam has changed.
He further stated because an individual has passed an exam does not guarantee
he will be successful in business. He stated he thought the Board has made good
decisions.
Patrick White stated he agreed with Mr. Lantz. He stated applicants must be
allowed an opportunity to appear and state their case and the reasons why a license
was not renewed at the time.
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March 21, 2012
XI. NEXT MEETING DATE: Wednesday, April 18, 2012
Board of County Commissioners' Chambers, Administrative Building "F,"
3rd Floor (Government Complex), 3301 E. Tamiami Trail, Naples, FL 34112
There being no further business for the good of the County, the meeting was adjourned
by the order of the Chairman at 10:27 AM.
COLLIER COUNTY CONTRACTOR
LICENSING BOARD
Lee Horn, Chairman
The Minutes were approved by the Board/Chairman on , 2011,
- "as submitted" " OR "as amended" [_J.
14
I ll.
March 9`t', 2012
From: Bobs Air Conditioning and Refrigeration Inc.
Address: 911 Heron Court
Marco Island, Fl. 34145
To: COLLIER COUNTY CONSTRUCTION INDUSTRY LICENSING BOARD.
This comes before the board as a request for Bobs Air Conditioning and Refrigeration
Inc. to have its permit privileges restored. All that the Board ordered Bobs Air
Conditioning and Refrigeration Inc. to do are done.
Accompanying this request is a notarized letter from the homeowner releasing Bobs Air
Conditioning and Refrigeration Inc.
Thank you very much for your assistance in this matter.
William J. Koenig
6901 Compton LN S
Naples, FL 34104
March 7, 2012
To Whom It May Concern:
I have been reimbursed by Mr. Bobby Phillips of Bob's Air Conditioning in
the amount of $3469.95 to repay expenses incurred as a result of the damage
he did to my house and the cost of repairing the air conditioning system he
installed.
William J. Koenig
OqOVI,
COLLIER COUNTY BUILDING REVIEW &
PERMITTING
CONTRACTOR'S LICENSING
2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 403 -2432 • Fax (239) 403 -2469
May 21, 2009
Mr. G.W. Han-ell:
Florida Construction Industry Licensing Board
1940 N. Monroe Street
Tallahassee, FL 32399 -1039
RE: Collier County Contractors Licensing Board —Case Number 2009 -06.
Dear Mr. Harrell:
Enclosed are the Findings of Fact, Conclusions of Law and Orders of the local Board in the
cases decided recently by the Collier County Contractors' Licensing Board.
Board of County Commissioners vs. Bobby J. Phillips, Jr. DIBIA Bob's Air Conditioning —
Refigcration, Inc., Collier County Case Number 2009 -06, and Collier County Certificate
16193 (CAC054717). This case was heard and decided by the local licensing Board on
May 20, 2009 with a finding that Mr. Phillips was in violation and local penalties were
imposed to the limit allowed by Florida Statues, to wit, denial of Mr. Phillip's right to pull
building permits in Collier County, the City of Naples or City of Marco Island until the
next regularly scheduled Board meeting with the exception of the requirement that the
Respondent obtain a permit for work perfonned at the Koeing residence, 6901 Compton
Lane, Naples, FL by the Respondent and subsequent corrective repair work on
Respondent's job and successfully completing the required inspections thereof. The
Respondent shall appear at the next regularly scheduled Board meeting for review of his
completion of the above requirement and fora hearing to determine the additional
sanctions, if any, to be imposed.
Further, the Board makes a recommendation to the Florida Construction Industry
Licensing Board that no action be taken until such time as the Board determines the
sanctions to be imposed at its June 17, 2009 meeting or the next regularly scheduled
meeting in the even the Board does not meet on June 17, 2009.
If there are any questions concerning these cases, please call me.
Sincerely,
Michael G. Ossorio ,G
Contractor Licensing Supervisor
Collier County Government
MGOhmw
Enclosures
c o r r � r c o K z .Y.
t
's
CONTRACTORS LICENSING BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Petitioner,
vs.
Bobby J. Phillips, Jr.
d /b /a Bob's Air Conditioning- Refrigeration, Inc.
Respondent (s)
•C9
CASE NO. 2009 -06
LICENSE #:16193/CAC054717
THIS CAUSE came on for public hearing before the Contractors'
Licensing Board (hereafter Board) on May 20, 2009 for consideration of the
Administrative Complaint filed against Bobby J. Phillips, Jr.. Service of the
Complaint was made in accordance with Collier County Ordinance 90 -105 as
amended. The service of the Administrative Complaint conformed with the
requirements of Ordinance 90 -105, as amended. The Board having at said
hearing heard testimony under oath, received evidence, and heard arguments
respective to all appropriate matters, thereupon issues its Findings of Fact,
Conclusions of Law and Order of the Board as follows:
FINDINGS OF FACT
1. That Bobby J. Phillips, Jr. is the holder of record of License Number CAC
054717/16193.
2. That the Board of County Commissioners of Collier County, Florida is the
complainant in this matter.
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3. That the Board has jurisdiction of the person of the Respondent and that
Bobby J. Phillips, Jr. was present at the public hearing and was not represented by
counsel at the hearing on May 20, 2009.
4. All notices required by Collier County Ordinance No. 90 -105, as amended,
have been properly issued and were sent by certified mail and personally delivered.
5. The Respondent acted in a manner that is in violation of Collier County
Ordinances and is the one who committed the act.
6. That the allegations of fact as set forth in the Administrative Complaint, as to
Count I, Section 4.2.2 are found to be supported by the evidence presented at the
hearing.
CONCLUSIONS OF LAW
1. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count I are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.2.2 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 above with particularity.
2. Collier County has jurisdiction over this contractor pursuant to Collier County
Ordinance 90 -105, as amended.
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 8 in favor and 0 opposed,
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shall specify the precise reasons therefore. The decision of the Board which is the
subject of the rehearing request shall remain in effect throughout the rehearing
procedure unless the Board orders otherwise.
The Board shall make a determination as to whether or not to rehear the matter
and its decision shall be made at a public meeting, reduced to writing and mailed to the
interested parties within 21 days after the decision is made. If the Contractors'
Licensing Board determines it will grant a rehearing, it may:
a. Schedule a hearing where the parties will be given the opportunity of
presenting evidence or argument limited by the Board to the specific reasons for which
the rehearing was granted; or
b. Modify or reverse its prior decision, without receiving further evidence,
providing that the change is based on a finding that the prior decision of the Board
resulted from a ruling on a question of law which the Board has been informed by its
counsel was an erroneous ruling and which ruling could effect the substantive decision.
The parties are further notified that upon the timely filing of a Notice of Appeal
within thirty (30) days you may have the decision of the Board reviewed pursuant to the
procedure set out herein. The contractor found to be in violation may appeal a decision
of the Board to the Collier County Circuit Court. Such an appeal shall not be a hearing
de novo but shall be limited to appellate review of the record created before the Board.
Any appeal shall be filed with the Circuit Court and served on the parties within thirty
(30) days of the mailing of the decision of the Board under Sections 4.3.4.9 and
4.3.4.10 of Ordinance 90 -105, as amended. If there has been a re- hearing request, the
appeal shall be filed with the Circuit Court and served on the parties within thirty (30)
days of the mailing of the re- hearing decision under Section 5.1.2 of Ordinance 90 -105,
as amended.
In the event that the contractor found to be in violation should elect to appeal, a
verbatim record and transcript of the proceedings will be necessary. It shall be the sole
responsibility of said party to ensure that a record is made from which a transcript may
be prepared which includes the testimony upon which an appeal may be taken. Neither
Collier County nor the Board shall have any responsibility to provide a verbatim record
transcript of the proceedings.
FURTHER, the Board makes a recommendation to the Florida Construction
Industry Licensing Board that no action be taken until such time as the Board
determines the sanctions to be imposed at its June 17, 2009 meeting or the next
regularly scheduled meeting in the event the Board does not meet on June 17, 2009.
In accordance with Chapter 489.131(7) ( c ) and (d), Florida Statutes, the
disciplined contractor, the complainant, or the Department of Business and Professional
Regulation may challenge the local jurisdiction enforcement body's recommended
penalty for Board action to the State Construction Industry Licensing Board. A
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challenge must be filed within sixty (60) days of the issuance of the recommended
penalty to the State Construction Industry Licensing Board in Tallahassee, Florida. If
challenged, there is a presumptive finding of probable cause and the case may proceed
before the State Board without the need for a probable cause hearing.
Failure of the disciplined contractor, the complainant, or the Department of
Business and Professional Regulation to challenge the local jurisdiction's
recommended penalty within the time period set forth herein shall constitute a waiver of
the right to a hearing before the State Construction Industry Licensing Board. A waiver
of the right to a hearing before the State Board shall be deemed an admission of the
violation, and the penalty recommended shall become a final order according to the
procedures developed by State Board rule without further State Board action.
Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that
they may appeal the Final Order of the State Board by filing one copy of a Notice of
Appeal with the Clerk of the Department of Business and Professional Regulation,
Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399 -0792, and by filing
the filing fee and one copy of the Notice of Appeal with the District Court of Appeal
within thirty (30) days of the effective date of said Order.
ORDERED by the Contractors Licensing Board effective the 20 day May,
2009
Richard Josl' , Chair
Contractors Licensing Board
I HEREBY CERTIFY that a true and correct copy of the above and
foregoing Findings of Fact, Conclusions of Law, and Order of the Board has been
furnished the Respondent, Bobby J. Phillips, Jr., 23 Hastings Place, Naples, FL 34145;
and Michael Ossorio, Licensing Compliance Supervisor, 2800 North Horseshoe Drive,
Naples, FL 34103 on this 2-.2- day of May, 2009.
Secr / Contract s icensing Board
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CONTRACTORS LICENSING BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Petitioner,
vs.
Bobby J. Phillips, Jr.
d /b /a Bob's Air Conditioning- Refrigeration, Inc.
Respondent (s)
N
CASE NO. 2009 -06
LICENSE #:16193/CAC054717
THIS CAUSE came on for public hearing before the Contractors'
Licensing Board (hereafter Board) on May 20, 2009 and June 17, 2009 for
consideration of the Administrative Complaint filed against Bobby J. Phillips, Jr..
t
Service of the Complaint was made in accordance with Collier County Ordinance
90 -105 as amended. The service of the Administrative Complaint conformed with
the requirements of Ordinance 90 -105, as amended. The Board having at said
hearing heard testimony under oath, received evidence, and heard arguments
respective to all appropriate matters, thereupon issues its Findings of Fact,
Conclusions of Law and Order of the Board as follows:
FINDINGS OF FACT
1. That Bobby J. Phillips, Jr. is the holder of record of License Number CAC
054717/16193.
2. That the Board of County Commissioners of Collier County, Florida is the
complainant in this matter.
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3. That the Board has jurisdiction of the person of the Respondent and that
Bobby J. Phillips, Jr. was present at the public hearing and was not represented by
counsel at the hearing on May 20, 2009.
4. All notices required by Collier County Ordinance No. 90 -105, as amended,
have been properly issued and were sent by certified mail and personally delivered.
5. The Respondent acted in a manner that is in violation of Collier County
Ordinances and is the one who committed the act.
6. That the allegations of fact as set forth in the Administrative Complaint, as to
Count I, Section 4.2.2 are found to be supported by the evidence presented at the
hearing.
7. That the Respondent has failed to comply with any of the provisions of the
Order of the Board issued at its May 20, 2009 hearing on this matter.
CONCLUSIONS OF LAW
1. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count I are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.2.2 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 above with particularity.
2. Collier County has jurisdiction over this contractor pursuant to Collier County
Ordinance 90 -105, as amended.
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
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Ordinance No. 90 -105, as amended, by a vote of 7 in favor and 0 opposed,
a majority vote of the Board members present, the Respondent has been found in
violation as set out above.
Further, it is hereby ORDERED, by a vote of 7 in favor and 0
opposed, a majority vote of the Board members present that the following disciplinary
sanction(s) and related order are hereby imposed upon the holder of Contractors'
Certificate of Competency No. CAC 054717/16193.
1. Permit pulling privileges in Collier County, the City of Naples and City of Marco
Island are permanently revoked.
The parties hereto are hereby notified that the Respondent has a right to
request a rehearing of this matter. A request for rehearing shall be made in writing and
shall be filed with the Clerk to the Collier County Board of County Commissioners, and
served on any other parties, within twenty (20) days from the date of mailing of the
Board's written decision under Section 4.3.4.9 and 4.3.4.10 of Ordinance 90 -105, as
amended. A request for rehearing shall be based only on the ground that the decision
was contrary to the evidence or that the hearing involved an error on a ruling of law
which was fundamental to the decision of the Board. The written request for rehearing
shall specify the precise reasons therefore. The decision of the Board which is the
subject of the rehearing request shall remain in effect throughout the rehearing
procedure unless the Board orders otherwise.
The Board shall make a determination as to whether or not to rehear the matter
and its decision shall be made at a public meeting, reduced to writing and mailed to the
interested parties within 21 days after the decision is made. If the Contractors'
Licensing Board determines it will grant a rehearing, it may:
a. Schedule a hearing where the parties will be given the opportunity of
presenting evidence or argument limited by the Board to the specific reasons for which
the rehearing was granted; or
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b. Modify or reverse its prior decision, without receiving further evidence,
providing that the change is based on a finding that the prior decision of the Board
resulted from a ruling on a question of law which the Board has been informed by its
counsel was an erroneous ruling and which ruling could effect the substantive decision.
The parties are further notified that upon the timely filing of a Notice of Appeal
within thirty (30) days you may have the decision of the Board reviewed pursuant to the
procedure set out herein. The contractor found to be in violation may appeal a decision
of the Board to the Collier County Circuit Court. Such an appeal shall not be a hearing
de novo but shall be limited to appellate review of the record created before the Board.
Any appeal shall be filed with the Circuit Court and served on the parties within thirty
(30) days of the mailing of the decision of the Board under Sections 4.3.4.9 and
4.3.4.10 of Ordinance 90 -105, as amended. If there has been a re- hearing request, the
appeal shall be filed with the Circuit Court and served on the parties within thirty (30)
days of the mailing of the re- hearing decision under Section 5.1.2 of Ordinance 90 -105,
as amended.
In the event that the contractor found to be in violation should elect to appeal, a
verbatim record and transcript of the proceedings will be necessary. It shall be the sole
responsibility of said party to ensure that a record is made from which a transcript may
be prepared which includes the testimony upon which an appeal may be taken. Neither
Collier County nor the Board shall have any responsibility to provide a verbatim record
transcript of the proceedings.
FURTHER, the Board makes a recommendation to the Florida Construction
Industry Licensing Board that no action be taken other than that found appropriate by
the Florida Construction Industry Licensing Board in its adjudication of this matter.
In accordance with Chapter 489.131(7) ( c) and (d), Florida Statutes, the
disciplined contractor, the complainant, or the Department of Business and Professional
Regulation may challenge the local jurisdiction enforcement body's recommended
penalty for Board action to the State Construction Industry Licensing Board. A
challenge must be filed within sixty (60) days of the issuance of the recommended
penalty to the State Construction Industry Licensing Board in Tallahassee, Florida. If
challenged, there is a presumptive finding of probable cause and the case may proceed
before the State Board without the need for a probable cause hearing.
Failure of the disciplined contractor, the complainant, or the Department of
Business and Professional Regulation to challenge the local jurisdiction's
recommended penalty within the time period set forth herein shall constitute a waiver of
the right to a hearing before the State Construction Industry Licensing Board. A waiver
of the right to a hearing before the State Board shall be deemed an admission of the
violation, and the penalty recommended shall become a final order according to the
procedures developed by State Board rule without further State Board action.
Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that
they may appeal the Final Order of the State Board by filing one copy of a Notice of
Appeal with the Clerk of the Department of Business and Professional Regulation,
Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399 -0792, and by filing
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Order.doc
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the filing fee and one copy of the Notice of Appeal with the District Court of Appeal
within thirty (30) days of the effective date of said Order.
ORDERED by the Contractors Licensing Board effective the 20 day May,
2009
AlpIf,/
Ica Josli , Chair
Contractors Licensing Board
I HEREBY CERTIFY that a true and correct copy of the above and
foregoing Findings of Fact, Conclusions of Law, and Order of the Board has been
furnished the Respondent, Bobby J. Phillips, Jr., 23 Hastings Place, Naples, FL 34145;
and Michael Ossorio, Licensing Compliance Supervisor, 2800 North Horseshoe Drive,
Naples, FL 34103 on this day of May, 2009.
er;retary / Contractors Licensing Board
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June 17, 2009
MR. KIRKLAND: Thank you.
CHAIRMAN JOSLIN: Have fun.
Okay, that pretty well does the minor stuff. Now we've got one -
MR. OSSORIO: We have old business.
CHAIRMAN JOSLIN: -- item in old business.
MR. OSSORIO: Case No. 2009 -06, and Rob Ganguli will be
discussing it with you.
CHAIRMAN JOSLIN: Okay. This is in regards to a Bobby J.
Phillips, Jr., d/b /a Bob's Air Conditioning and Refrigeration, Inc.
Seems like this morning I saw that gentleman here. And he just
must have left on his own I guess, huh?
MR. GANGULI: Do you need me to swear in again, ma'am?
THE COURT REPORTER: Yes.
(Mr. Ganguli was duly sworn.)
CHAIRMAN JOSLIN: Mr. Ganguli?
MR. GANGULI: Mr. Joslin, the last time we met, the board
gave an order for several things. Mr. Phillips needed to obtain a permit
and get the work done for the residence at 6901 Compton Lane.
As of this morning, no permit was in issue status. The old one
that he had obtained was still in cancel status.
I called him and informed him several times that we'd be
meeting here today and that there were several things he needed to
take care of before he appeared in front of you.
This morning I found Mr. Phillips in the office of the County
Commissioners and escorted him into the chambers here. And
somehow I can't help but feel that when you called the first recess he
thought the hearing was over and he left.
I remember Mr. Guite' at the hearing inquired of Mr. Phillips
whether or not he felt he'd be better off with legal representation. He
seemed to be playing a different role here today.
But the fact is he never got the permit.
CHAIRMAN JOSLIN: All right. Well, that was the order of the
Page 128
.,
June 17, 2009
board, I'm quite certain, to get that permit. And that was the only
permit that he was allowed to be able to honor --
MR. GANGULI: That's correct.
CHAIRMAN JOSLIN: -- Collier County was going to honor.
MR. GANGULI: That's correct.
CHAIRMAN JOSLIN: And if it didn't happen, then we would
make our ruling on that pretense.
MR. GANGULI: That's correct.
MR. OSSORIO: Mr. Chairman, you can see on your packet, the
first part of it is a letter to G.W. Harrell, who is the executive director
of the licensing board, letting him know what we're doing with the
state certified contractor.
Then you also see your finding of facts, signed by yourself, and
the order of the board on count number one, permit pulling privileges.
We recommend that you go ahead and find him guilty of 4.2.2
and suspend his building privileges indefinitely, and I'll rewrite the
letter to the construction board.
MR. WHITE: So moved, White.
CHAIRMAN JOSLIN: Second, Joslin.
We have a motion and a second on the floor. All those in favor,
signify by saying aye.
MR. BOYD: Aye.
MR. LANTZ: Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. WHITE: Aye.
MR. LYKO S : Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Are there any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries 7 -0.
Now, do I need to read the orders of the board again, or no?
Page 129
June 17, 2009
MR. KIRKLAND : Thank you.
CHAIRMAN JOSLIN: Have fun.
Okay, that pretty well does the minor stuff. Now we've got one -
MR. OSSORIO: We have old business.
CHAIRMAN JOSLIN: -- item in old business.
MR. OSSORIO: Case No. 2009 -06, and Rob Ganguli will be
discussing it with you.
CHAIRMAN JOSLIN: Okay. This is in regards to a Bobby J.
Phillips, Jr., d/b /a Bob's Air Conditioning and Refrigeration, Inc.
Seems like this morning I saw that gentleman here. And he just
must have left on his own I guess, huh?
MR. GANGULI: Do you need me to swear in again, ma'am?
THE COURT REPORTER: Yes.
(Mr. Ganguli was duly sworn.)
CHAIRMAN JOSLIN: Mr. Ganguli?
MR. GANGULI: Mr. Joslin, the last time we met, the board
gave an order for several things. Mr. Phillips needed to obtain a permit
and get the work done for the residence at 6901 Compton Lane.
As of this morning, no permit was in issue status. The old one
that he had obtained was still in cancel status.
I called him and informed him several times that we'd be
meeting here today and that there were several things he needed to
take care of before he appeared in front of you.
This morning I found Mr. Phillips in the office of the County
Commissioners and escorted him into the chambers here. And
somehow I can't help but feel that when you called the first recess he
thought the hearing was over and he left.
I remember Mr. Guite' at the hearing inquired of Mr. Phillips
whether or not he felt he'd be better off with legal representation. He
seemed to be playing a different role here today.
But the fact is he never got the permit.
CHAIRMAN JOSLIN: All right. Well, that was the order of the
Page 128
June 17, 2009
board, I'm quite certain, to get that permit. And that was the only
permit that he was allowed to be able to honor --
MR. GANGULI: That's correct.
CHAIRMAN JOSLIN: -- Collier County was going to honor.
MR. GANGULI: That's correct.
CHAIRMAN JOSLIN: And if it didn't happen, then we would
make our ruling on that pretense.
MR. GANGULI: That's correct.
MR. OSSORIO: Mr. Chairman, you can see on your packet, the
first part of it is a letter to G.W. Harrell, who is the executive director
of the licensing board, letting him know what we're doing with the
state certified contractor.
Then you also see your finding of facts, signed by yourself, and
the order of the board on count number one, permit pulling privileges.
We recommend that you go ahead and find him guilty of 4.2.2
and suspend his building privileges indefinitely, and I'll rewrite the
letter to the construction board.
MR. WHITE: So moved, White.
CHAIRMAN JOSLIN: Second, Joslin.
We have a motion and a second on the floor. All those in favor,
signify by saying aye.
MR. BOYD: Aye.
MR. LANTZ: Aye.
MR. JERULLE: Aye.
CHAIRMAN JOSLIN: Aye.
MR. WHITE: Aye.
MR. LYKOS: Aye.
MR. HORN: Aye.
CHAIRMAN JOSLIN: Are there any opposed?
(No response.)
CHAIRMAN JOSLIN: Motion carries 7 -0.
Now, do I need to read the orders of the board again, or no?
Page 129
BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, CONTRACTORS'
LICENSING BOARD
Petitioner,
V.
Christopher McHugh
D /B /A — PMC Enterprises Division, Inc.
Respondent.
Case Number: 2012 -05
License Number: 33694
ADMINISTRATIVE COMPLAINT
Collier County (County) files the Administrative Complaint against Christopher McHugh, D /B /A — PMC
Enterprises Division, Inc. (Respondent), a Collier County licensed Painting Contractor (license # 33694),
and states the following facts and allegations in support of the cited violations below:
1. The Respondent is currenLly licensed by Collier County as a Painting Contractor with License
number 33694.
2. Under the provisions of Collier County Ordinance 90 -105, as amended, Section 22 -201, the
following actions by a holder of a Collier County /City Certificate of Competency shall constitute
misconduct and grounds for discipline pursuant to Section 22 -202.
a. On or about 29 February, 2012, Patrick McHugh (Father of license holder, and President of
PMC Enterprises Division, Inc.) contracted with the homeowner to install laminate flooring
and paint in three rooms of a single family home. He provided a verbal estimate and
accepted a monetary payment in the amount of $2500.00 from the homeowner. The
described work was commenced and almost completed upon the arrival of Officer Smith,
due to an anonymous complaint received.
b. Thereafter, pursuant to Collier County Ordinance 90 -105, as amended, Section 22 -202 (b)
and Section 22 -202 (c), the complaint was investigated and found sufficient cause to file
formal charges.
3. Collier County brings the following charge in this formal complaint against the Respondent.
COUNT
1. Collier County Ordinance 90 -105, as amended, Section 22- 201(2) states "Contracting to do any
work outside of the scope of his competency as listed on his competency card and as defined in
this article or as restricted by the contractors' licensing board ".
2. On or about 29 February, 2012, Patrick McHugh contracted with the homeowner to install
laminate flooring and paint in three rooms of a single family home. He provided a verbal
estimate and accepted a monetary payment in the amount of $2500.00. The described work
was commenced and almost completed upon the arrival of Officer Smith, due to an anonymous
complaint received.
WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action
under Section 22 -201 of Collier County Ordinance 90 -105, as amended, and
WHEREFORE, in consideration of the foregoing, the Petitioner respectfully requests the Collier
County Contractors' Licensing Board to find the Respondent guilty of the violations charged.
i
Dated: �/ / Signed:
Collier County Contractors' Licensing
Supervisor or Designee
Contractors' Licensing Board Case # 2012 -05
Christopher McHugh — D /B /A— PMC Enterprises Division, Inc.
Case Summary
On or about, 29 February, 2012, 12:45 Pm, Reggie Smith, Collier County License Compliance Officer,
received an anonymous complaint from Customer Service concerning possible unlicensed work being
performed at 3821 Leighton Ct. Upon arrival, I witnessed two employees of PMC Enterprises Division,
Inc., CC33694, Painting Contractor, installing laminate wood flooring in a single family home owned by
Farhan Tariq. Employees, Mike and Matt, confirmed they are payroll employees of PMC and their Boss
is Pat McHugh. I spoke to the homeowner who confirmed he hired PMC, Pat McHugh to paint three
rooms and later verbally contracted to also remove carpeting and install laminate wood flooring in the
same three rooms for a total contract price of $2500.00. Mr. Tariq escorted me through the home to
view the three rooms and to express the job is almost complete. He requested the work continue due
to his Daughter's respiratory allergies and her sensitive condition. There was approximately 20 — 30
square feet of flooring remaining to be installed; however a verbal stop work order was issued after
forwarding the Owner's request on to Licensing Supervisor Michael Ossorio, via phone call. I advised all
persons onsite that a Licensed Flooring Contractor, or a Licensed Contractor with a license capable to
perform such described flooring work, will be required to complete the work. I advised PMC can resume
work on painting and cleaning up the worksite to make it safe. I then left the property. I took five
photographs while onsite.
At 1:11 Pm, I called and left a voice message for Pat McHugh, 580 -9177, advising the violation and verbal
Stop Work Order.
At 3:12 Pm, I received a return call from Pat McHugh and I spoke with him. He advised he felt a permit
or license was not required for carpet removal and a floating floor installation. He stated his employee,
Zeek, contacted the Building Department, Paula, 252 -2400, for confirmation that neither a permit nor
license was required, before the work commenced. I advised I would inquire to see if indeed she was
contacted and if she provided the described instruction /advice. I advised him a permit was not
required; however a flooring license was required to perform the described work. I also stated if the
incorrect information was given by Paula, discretion may be given in this case. I then questioned why
they called Paula instead of Contractors' Licensing; they were familiar with our contact information due
to very recent cases involving PMC Enterprises Division, Inc.
Shortly after, I met with Paula Brethauer, Business Center Project Coordinator, Building Review &
Permitting. I described my case and she stated she had just spoken with a man within 1 -1 %: hours
prior, concerning the sole question of "Is there a required permit for flooring ? ", she stated she replied
"no, not for single family homes ". She also stated she was not questioned about licensing what -so -ever.
She then provided me with a hand written phone call log from her telephone, all calls between 1:44 and
2:50 Pm. No phone numbers matched Mr. McHugh's known number; however he stated Zeek made the
phone call, number unknown at this time.
At 3:41 Pm, Mr. McHugh called once again to advise the work will be completed by a licensed flooring
contractor. I once again confirmed he had stated their call to Paula occurred before the work began, he
stated "yes ".
At 6:13 Pm, Mr. McHugh called and left a voice message stating the work was completed by a Licensed
Flooring Contractor and that the homeowner was "happy ".
In review, it would appear the approximate time that Mr. McHugh stated the "permit and license
requirement" question was posed to Paula Brethauer, actually occurred well after the work
commenced. According to Paula's recollection of the received phone call, Mr. McHugh's employee,
Zeek, would have placed the call approximately about the time I called and left a message for Mr.
McHugh in which I stated the violation existed and issued the verbal Stop Work Order.
After reviewing this case with Supervisor Michael Ossorio, it was determined the Contractors' Licensing
Board would be required to hear this case. Supervisor Ossorio questioned PMC's violation history and
payment of two recent citations issued to PMC Enterprises Division, Inc. I advised:
Two citations served on 21 May, 2010 for Unlicensed General Contracting (Vt offense, $300.00)
and Failure to obtain a building permit (15` offense, $300.00), payments received.
Two citations served on 13 February, 2012 for Unlicensed General contracting (2nd offense,
$500.00) and Failure to obtain a building permit (2nd offense, $500.00). 1 advised the non-
payment of both citations in Contractors' Licensing cases CEUL20120002243 and
CEUL20120002244.
As of 04- 06 -12, both citations have not been paid. An outstanding balance of $1000.00 remains.
Reggie Smith
Collier County Contractors' Licensing Officer
Contractors' Licensing Board Case # 2012 -05
Christopher McHugh — D /B /A— PMC Enterprises Division Inc.
Table of Contents
E1 through E3 — Formal Complaint
E4 - Collier County Ordinance 90 -105, as amended
E5 - Notice of Hearing letter and U.S. Postal Service Certified Mail Receipt
E6 through E8 —Certificate Detail Report
E9 through E10 — Division of Corporations
E11 through E15 — Case photos
E16 through E19 — City View Code Case Detail Report, CEMIS20120003141
E20 — U.S. Postal Service Certified Mail Return Receipt — accepted /signed
Contractors' Licensing Board
2800 North Horseshoe Dr.
Naples, FL 34104
Complaint Number- 2012 -05
Complainant: Any person who believes that a Contractor holding a State Certification or Certificate of
competency has violated Collier County Ordinance 90 -105, as amended, 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 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.
Complaint:
Please print or type and return signed copies of the complaint.
Date: 02 April, 2012
Against:
Contractor's Name: Christopher McHugh
Phone: 239 - 949 -6566
Business Name: PMC Enterprises Division, Inc.
License Number if known: 33694
Collier County Competency number: 33694
Contractor's Business Address: 11216 Tamiami TO N. #212, Naples, FL 34110
Filed By:
Name: Collier County Contractor' Licensing / Reggie Smith
Address: 2800 N. Horseshoe Dr., Naples, FL 34104
Business Phone: 239 - 252 -2432
Address where work done: 3821 Leighton Ct.
City: Naples
County: Collier
C-1
Date of contract: 29 February, 2012
Date job started: 29 February, 2012
Date job completed or new home occupied: 29 February, 2012
Were there plans and specifications? Yes
Is there a written contract? No. If yes, amount of Contract: $2500.00, verbal contract
Has Contractor been paid in full? Yes . If not, what amount?
Was a Building Permit obtained? No. Was a Building Permit required? No.
Building Permit number if known:
Have you communicated by letter with the licensee? Yes
Date: 28 March, 2012. Do you have a reply? Yes, via phone call to business President
Please attach to this form all copies of the purchase agreement, building contract, home improvement
contract, copies of receipts and /or cancelled 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): Section 22- 201(2).
Collier County Ordinance 90 -105, as amended, Section 22 -201(2 ) states "Contracting to do any work
outside of the scope of his competency as listed on his competency card and as defined in this article or
as restricted by the contractors' licensing board ".
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 or about, 29 February,. 2012, Patrick McHugh contracted with the homeowner to install laminate
flooring and paint in three rooms of a single family home. He provided a verbal estimate and accepted a
monetary payment in the amount of $2500.00. The described work was commenced and almost
completed upon the arrival of Officer Smith, due to an anonymous complaint received.
r
Reggie Smith
(Complainant's signature)
State of: Florida
County of: Collier
Sworn to (or affirmed) and subscribe before me this day of _ �0 —i 2012,
by _Re ie Smi (signature of person making statement).
_ A g )
(signature of Notary Public)
Print, type or stamp commissioned name of Notary Public: C-0�
Personally known or produced identification
NOTARY UC-STATE OF FLORIDA
Consuela Thomas
Commission #DD874980
Expires: MAR. 26, 201 3
BONDED TBRU ATLANTIC BONDING CO., INC
e�—�s
Collier County Ordinance 90 -105, as amended
Division 3. Standards of Conduct and Discipline
Section 22 -201. Misconduct — Collier County /city certificate of competency.
(2) Contracting to do any work outside of the scope of his competency as listed on
his competency card and as defined in this article or as restricted by the
contractors' licensing board.
�-y
Growth Management Division
Operations Planning & Regulation
' U.S. 'Postal Service
Licensing Sectioll
Er CERTIFIED MAILT, RECEIPT
(Domestic Niai! Drtly; No Insurance Coverage Provided)
_.
Ln
For delivery information visit our website at wanv.usps.com
CERTIFIED MAIL # 7007 2560 0001 1485 5889
RETURN RECEIPT REQUESTED
Date: 28 March, 2012
Christopher McHugh
DBA: PMC Enterprises Division, Inc.
11216 Tamiami Trl. N.4212
LnJ OFFICIAL USE
a
Postage
$
Certified; Fee
C3 Return Receipt Fee Postmark
(Endorsement Required) Here
Restricted Delivery Fee
Q (Endorsertiern Required) '
u7 Total Postage & Fees 1 $
ni
Naples, FL 34110 r` r. O
o '11! A n 151-aeK P dL � C� C) Gi 1
RE: Complaint filed against you by: Collier County Contracto, r` !'O !"a__ti j_G --wtA i aly_ .TtZ :.f _.
tic 21P+4
�
Dear, Christopher McHugh: >?
: 0 • . See Reverse for Instructions
A. complaint has been filed against you by the above referenced office.
A hearing of this complaint will be held by the Contractors' Licensing Board on 18 April, 2012,
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) 4.1.2
of Ordinance # 2006 -46, "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 ", the range of disciplinary sanctions which.may
be imposed are from an oral reprimand to a suspension or revocation of your Collier County
Certificate #33694.
Sincerely,
Reggie Smith
Licensing Compliance Officers
(239) 252 -2432
Growth Management Division* Planning & Regulation "2800 North Horseshoe Drive *Naples, Florida 34104 *239- 252- 2400 *www.colliergov.net
Certificate Detail Report
CDPR2305 - Certificate Detail Report
CERT NBR QUALIFIER NAME DBA
33694 CHRISTOPHER MC HUGH PMC ENTERPRISES DIVISION INC
DETAIL
CLASS CODE CLASS DESC
4270 PAINTING CONTR.
ORIG ISSD DATE
1/16/2009
RENEWAL DATE
STATUS
INACTIVE
STATE NBR
STATE EXP DATE
COUNTY COMP CARD COUNTY EXP DATE
EXPIRE DATE
9/30/2012 0TH OL NBR
COUNTY OL EXEMPT Y
CNCL DATE
COUNTY OL NBR COUNTY OL EXP DATE OTH OL EXP DATE
REINSTATE DATE
DBA
PHONE FAX
(239)949 -6566 (941)870 -0711
MAILING ADDRESS PHYSICAL ADDRESS
11216 TAMIAMI TRL. N. #212 3764 SAYBROOK PLACE
NAPLES FL 34110- BONITA SPRINGS FL 34134 -
LIABILITY INSURANCE
COMPANY EXP DATE
INSURANCE & RISK MANAGEMENT SERVICES, IN 4/6/2012
PHONE EFFECTIVE DATE
(239)649 -1444 4/6/2010
POLICY NUMBER CNCL DATE
2071905311
INSURANCE LIMITS
4,000,000
WORKERS COMPENSATION INSURANCE
WC EXEMPT N
COMPANY
AUTOMATIC DATA PROCESSING INS. AGENCY, I
PHONE
(800)524 -7024
POLICY
�ollier County Board of County Commissioners
:D -Plus for Windows 95 /NT
EXP DATE
10/10/2011
EFFECTIVE DATE
10/10/2008
CNCL DATE
Printed on 3/28/201 9:36:58AM
Page 1
CDPR2305 - Certificate Detail Report
0830 -38463
COMPANY
PHONE
POLICY
INSURANCE LIMITS
BONDINSURANCE
EXP DATE
LAST UPDATE DATE LAST UPDATE USER
8/25/2011 CLEMENTS K
Collier County Board of County Commissioners
CD-Plus for Windows 95 /NT
EFFECTIVE DATE
CNCL DATE
PREV UPDATE DATE PREV UPDATE USER
8/25/2011 CLEMENTS K
Printed on 3/28/201 9:36:58AM
Page 2
Qualifier Detail Report
CDPR2306 - Qualifier Detail Report
QUALIFIER NBR NAME
31705 CHRISTOPHER MC HUGH
PHONE FAX
(239)580 -9098
MAILING ADDRESS
13818 CHETO DRIVE
ESTERO FL 33928-
SSN
000 -00 -6091
LOCAL ADDRESS
13818 CHETO DRIVE
ESTERO
FL 33928-
C-F
:�ollier County Board of County Commissioners Printed on 3/28/201 2:46:19PM
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Detail by Entity Name
Florida Profit Corporation
PMC ENTERPRISES DIVISION, INC.
Filing Information
Document Number P04000013044
FEI/EIN Number 562424296
Date Filed 12/22/2003
State FL
Status ACTIVE
Effective Date 01/01/2004
Last Event AMENDMENT AND NAME CHANGE
Event Date Filed 08/03/2005
Event Effective Date NONE
Principal Address
11216 TAMIAMI TRAIL N
SUITE 212
NAPLES FL 34110 -1640
Mailing Address
11216 TAMIAMI TRAIL N
SUITE 212
NAPLES FL 34110 -1640
Registered Agent Name & Address
MCHUGH, PATRICK F JR
11216 TAMIAMI TRAIL N
SI_IITF 212
NAPLES FL 34110 -1640 US
Officer /Director Detail
Name & Address
Title VSTD
MCHUGH, PATRICK F JR
11216 TAMIAMI TRAIL N SUITE 212
NAPLES FL 34110 -1640
Title VD
MCHUGH, CHRISTOPHER
11216 TAMIAMI TRAIL N. #212
NAPLES FL 34110
Title PD
MCHUGH, DONNA A
11216 TAMIAMI TRAIL N. #212
NAPLES FL 34110
Annual Reports
Report Year Filed Date
2009 04/2712009
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11/12/2008 ANNUAL REPORT
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C lour Report Title: Code Case Details
Date: 4/2/2012 9:24:08 AM Case Number: cemis20120003141
I Case Number: I CEMIS20120003141 I
Case Type: I Misconduct I
Priority: I Normal
Inspector: ReggieSmith
IStatus: I Preliminary Review
Date & Time Entered: 12/2912012 4:13:08 PM
Entered By: ReggieSmith
Case Disposition: Case Pending
Jurisdiction: Contractor's Licensing
Origin: Anonymous Complaint
Detail Description: UNLICENSED FLOOR INSTALLATION, PMC ENTERPRISES DIVISION, INC.
Location Comments: 13821 LEIGHTON CT
a �-
mw, 10
Property 133140010862
PMC Enterprises Division, Inc
E/6
Business Management & Budget Office 1
. Code Case Details
Execution Date 4/5/2012 9:13:45 AM
Desc
Assigned
Required
Completed
Outcome
Comments
Preliminary Investigation
ReggieSmith
2/29/2012
2/29/2012
Needs
02 -29 -12 1245PM RESPONDED TO
Investigatio
ANONYMOUS COMPLAINT. SITE VISIT
n
REVEALED TWO EMPLOYEES OF PMC
ENTERPRISES DIVISION, INC., CC33694,
INSTALLING LAMINATE WOOD FLOORING
IN SINGLE FAMILY HOME, OWNED BY
FARHAN TARIQ, 961 -7117. EMPLOYEES,
MIKE AND MATT, CONFIRMED THEY ARE
PAYROLL EMPLOYEES OF PMC AND
THEIR BOSS IS PAT MCHUGH. SPOKE TO
HOMEOWNER WHO CONFIRMED HE
HIRED PMC, PAT MCHUGH TO PAINT 3
ROOMS AND LATER VERBALLY
CONTRACTED TO ALSO REMOVE
CARPETING AND INSTALL LAMINATE
WOOD FLOORING IN THE SAME 3 ROOMS
FOR A TOTAL CONTRACT PRICE OF
$2,500.00. HOMEOWNER ESCORTED ME
THROUGH THE HOME TO VIEW THE 3
ROOMS AND TO EXPRESS THE JOB IS
ALMOST COMPLETE. HE REQUESTED
THE WORK CONTINUE DUE TO HIS
DAUGHTER'S RESPITORY ALLEGERIES,
AND HER SENSITIVE CONDITION. THERE
WAS APPROXIMATELY 20 - 30 SQ FT OF
FLOORING REMAINING TO BE INSTALLED;
HOWEVER A VERBAL STOP WORK
ORDER WAS ISSUED AFTER
FORWARDING REQUEST ON TO M.
OSSORIO. I ADVISED ALL, THAT A
LICENSED CONTRACTOR WILL BE
REQUIRED TO COMPLETE THE
FLOORING; HOWEVER PMC CAN RESUME
WORK ON PAINTING AND CLEANING UP
THE WORKSITE TO MAKE IT SAFE. AT
1:11 PM, I CALLED AND LEFT A MESSAGE
WITH PAT MCHUGH, 580 -9177, ADVISING
SAME. 3:12 PM RECEIVED A RETURN
CALL FROM P. MCHUGH, STATING HE
FELT A PERMIT OR LICENSE WAS NOT
REQUIRED FOR CARPET REMOVAL AND A
FLOATING FLOOR INSTALLATION. HE
STATED HIS EMPLOYEE, ZEEK,
CONTACTED THE BUILDING DEPT
(PAULA, 252 -2400) FOR CONFIRMATION
BEFORE THE WORK COMMENSED. I
ADVISED I WOULD INQUIRE TO SEE IF
INDEED SHE WAS CONTACTED AND IF
SHE PROVIDED THE DESCRIBED
INSTRUCTION /ADVICE. I MET WITH
PAULA WHO STATED SHE HAD JUST
SPOKEN WITH A MAN WITHIN 1 - 1 1/2
HOURS PRIOR, CONCERNING THE SOLE
QUESTION OF "IS THERE A REQUIRED
PERMIT ". SHE STATED SHE WAS NOT
QUESTIONED ABOUT LICENSING WHAT-
Business Management & Budget Office
Code Case Details
Preliminary Investigation
ReggieSmith
2/29/2012
Execution Date 4/2/2012 9:24:08 AM
2/29/20121 Needs
Investigatio
n
SO -EVER. SHE PROVIDED ME WITH A
CALL LOG FROM HER TELEPHONE, IN
WRITING. IN REVIEW, MR. MCHUGH
STATED THEY CONTACTED PAULA AND
ASKED THE QUESTION(S) BEFORE THE
JOB BEGAN, WHEN IN FACT THEY
CALLED APPROXIMATELY THE SAME
TIME I LEFT MY MESSAGE WITH MR.
MCHUGH WHICH STATED A VIOLATION
EXISTED. THE 3 ROOM JOB WOULD
HAVE TAKEN SEVERAL HOURS TO
COMPLETE AT BEST. MR. MCHUGH
CALLED ONCE AGAIN AT 3:41 TO ADVISE
THE WORK WILL BE COMPLETED BY A
LICENSED FLOORING CONTRACTOR. I
ONCE AGAIN CONFIRMED HE HAD
STATED THEIR CALL TO PAULA
OCCURED BEFORE THE WORK BEGAN.
HE LATER CALLED AT 6:13 PM AND LEFT
A MESSAGE ADVISING THE WORK WAS
COMPLETED BY A LICENSED FLOORING
CONTRACTOR AND THAT THE
HOMEOWNER WAS "HAPPY ". PHOTO X 5.
Cont. Investigation
ReggieSmith
3/1/2012
3/1/2012
Complete
03 -01 -12 REVIEWED CASE WITH M.
OSSORIO, WHO QUESTIONED THE
STATUS OF PMC'S PRIOR RECENT CASES
WHICH OCCURED APPROXIMATELY 3 - 4
WEEKS AGO. ADVISED MY RESEARCH
CONCERNING PMC'S RECENT CITATIONS
FOR UNLICENSED DRYWALL AND NO
PERMIT, WHICH REMAIN OVERDUE AND
UNPAID. M. OSSORIO ADVISED CLB
NOTIFICATION TO PMC QUALIFIER. RS
Attach Picture(s)
ReggieSmith
3/2/2012
3/2/2012
Complete
ATTACHED PHOTO X 5. RS
Cont. Investigation
ReggieSmith
3/28/2012
3/28/2012
Complete
03 -28 -12 GENERATED,COMPLFTFD AND
SIGNED NOTICE OF HEARING FOR PMC.
ASSIGNED CUSTOMER SERVICE
TECHNICIAN, JOANN GREENBURG, TO
MAIL CERTIFIED RETURN RECEIPT, #7007
2560 0001 1485 5889. RS
C/6F
Business Management & Budget Office 3
Code Case Details
Execution Date 4/2/2012 9:24:08 AM
Desc
Assigned
Required
Completed
Outcome
Comments
Cont. Investigation
ReggieSmith
3/28/2012
3/28/2012
Complete
03 -28 -12 ATTEMPTED TO HAND DELIVER
Fine/Day
Condition
OR POST NOH AT PMC'S BUSINESS
ADDRESS, 11216 TAMIAMI TRL. N., #212.
NOT POSSIBLE DUE TO ADDRESS BEING
A PACKAND SHIP MAILING SHOP WITH
#212 BEING A RENTED MAILBOX. THE
OWNER OF THE SHOP STATED ALL
CERTIFIED RETURN RECEIPT MAIL WILL
BE SIGNED FOR BY THE SHOP;
HOWEVER POSTING OR HAND DELIVERY
WAS NOT AVAILABLE. AFTERWARDS
CALLED PATRICK MCHUGH, 580 -9177,
AND ADVISED THE NOH MAILING AND
OFFERED TO HAND DELIVER BY A
SCHEDULED APPOINTMENT AT OUR
OFFICE. MR. MCHUGH STATED HE WILL
WAIT FOR THE MAILING TO BE RECEIVED.
LATER SPOKE TO PAULA FROM
PERMITTING AND REQUESTED SHE MAKE
A WRITTEN STATEMENT DESCRIBING
THE PHONECALL FROM PMC AND OUR
MEETING AFTERWARDS, FOR POSSIBLE
CLB HEARING EVIDENCE. SHE STATED
SHE WOULD. RS
Cont. Investigation
ReggieSmith
4/2/2012
4/2/2012
Complete
04 -02 -12 CASE TYPE CHANGED TO
"MISCONDUCT" FOR CLB HEARING
PREPARATION. PREPARED CLB PACKET
FOR REVIEW. RS
Investigation
ReggieSmith
4/6/2012
Pending
3821 LEIGHTON CT
UNLICENSED FLOOR INSTALLATION, PMC
ENTERPRISES DIVISION, INC.
k
f . - Mon
Violation Description
Status
Entered
Corrected
Amount
Comments
Unlicensed Flooring
Open
3/8/2012
$0
Compliance
Business Management & Budget Office 4
+�'
Title
Reason
Result
Compliance
Fine/Day
Condition
Business Management & Budget Office 4
BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, CONTRACTORS'
LICENSING BOARD
Petitioner,
V. Case Number: 2012 -06
Walter Paesano
D /B /A— Paesano's Painting, LLC
Respondent.
License Number: 27889
ADMINISTRATIVE COMPLAINT
Collier County (County) files the Administrative Complaint against Walter Paesano, D /B /A — Paesano's
Painting, LLC ( Respondent), a Collier County licensed Painting Contractor ( license # 27889), and states
the following facts and allegations in support of the cited violations below:
1. The Respondent is currently licensed by Collier County as a Painting Contractor with Collier
County License number 27889.
2. Under the provisions of Collier County Ordinance 90 -105, as amended, Section 22 -201, the
following actions by a holder of a Collier County /city certificate of competency shall constitute
misconduct and grounds for discipline pursuant to Section 22 -202.
a. On March 1, 2012, qualifying agent for Paesano's Painting, LLC, Walter Paesano (license
number 27889), failed to secure compensation for his employees, violating Florida Statute
440.10 (1)(a).
b. Thereafter, pursuant to Collier County Ordinance 90 -105, as amended, Section 22 -202 (b)
and Section 22 -202 (c), the complaint was investigated and found sufficient cause to file
formal charges.
3. Collier County brings the following charge in this formal complaint against the Respondent.
COUNT
4. Collier County Ordinance 90 -105, as amended, Section 22- 201(6) states " Disregards or violates,
in the practice of his contracting business in the County, any of the building, safety, health,
insurance or workers' compensation laws of the state or ordinances of this county ".
5. On March 1, 2012, Qualifying Agent for Paesano's Painting, LLC., Walter Paesano, failed to
secure and maintain compensation for his employees, violating Florida Statute 440.10(1)(a). Said
violation of State Workers' Compensation law constitutes a violation of Collier County
Ordinance 90 -105, as amended, Section 22- 201(6).
WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action
under Section 22 -201 of Collier County Ordinance 90 -105, as amended, and
WHEREFORE, in consideration of the foregoing, the Petitioner respectfully requests the Collier
County Contractors' Licensing Board to find the Respopden� guilty of the violations charged.
Dated: Anol I ( Zo I Signed:
Collier
my Contractors' Licensing
Supervisor or Designee
Contractors' Licensing Board Case # 2012 -06
Walter Paesano — D /B /A- Paesano's Painting, LLC
Case Summary
On March 1, 2012, while investigating a possible unpermitted construction complaint at 1204 Hernando
St., I, Ian Jackson, met with Walter Paesano at location. Mr. Paesano indicated that he was at the site
painting the interior of home. Mr. Paesano then escorted me through home, where two individuals
(Omar Osorio and Jose Mercario) were actively painting the interior. Mr. Paesano indicated that they
were working for him. When Mr. Paesano was asked whether he provided Workers' Compensation for
the employees, Mr. Paesano indicated that he did have coverage for them.
While on site, I researched the County database where I found Mr. Paesano operates his business with a
Workers' Compensation exemption. Checking the State of Florida website, I found no additional
coverage.
When my finding was presented to Mr. Paesano, he acknowledged not having the required coverage. I
instructed Mr. Paesano to not have his two employees continue their work and advised Mr. Paesano
that a Hearing would be scheduled for the Contractors' Licensing Board to address the violation. A
Notice of Hearing was issued to Mr. Paesano, hand delivered, on March 8, 2012.
The act of Mr. Paesano failing to secure and maintain compensation for his employees, as required by
Florida Statute 440.10(1)(a), constitutes a violation of Collier County Ordinance 90 -105, as amended,
Section 22- 201(6).
Contractors' Licensing Board Case # 2012 -06
Walter Paesano — D /B /A Paesano's Painting, LLC
Table of Contents
E1 through E3- Formal Complaint
E4- Certificate Detail Report
E5 & E6- Investigative Case Detalis
E7- Notice of Hearing
E8 & E9- State Division of Financial Services / Exemption Detail
E10- Florida Statute 440.10(1)(a)- Liability for Compensation
E11- Collier County Ordinance 90 -105, as amended, Section 22- 201(6)
Contractors' Licensing Board
2800 North Horseshoe Dr.
Naples, FI 34104
Complaint Number: 2012 -06
Complainant: Any person who believes that a Contractor holding a State Certification or Certificate of
Competency has violated Collier County Ordinance 90 -105, as amended, 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 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.
Complaint:
Please print or type and return signed copies of the complaint.
Date: April 9, 2012
Against:
Contractor's Name: Walter Paesano
Phone: 239 - 645 -2404
Business Name: Paesano's Painting, LLC
License Number if known: 27889
Collier County Competency number: 27889
Contractor's Business Address: 4682 Sunset Rd #101 Naples, Fl. 34116
Filed By:
Name: Collier County Contractors' Licensing / Ian Jackson
Address: 2800 North Horseshoe Dr.
Naples, Fl 34104
Business Phone: 239 - 252 -2451
Address where work done: 1204 Hernando St.
City: Naples
C— I
County: Collier
Date of Contract: March 1, 2012 +/-
Date job started : March 1, 2012 +/-
Date job completed or new home occupied: Unknown
Were there plans and specifications: Yes
Is there a written contract? Unknown
Has Contractor been paid in full? Unknown
Was a Building Permit obtained? Not applicable
Building Permit number, if known. Not applicable
Have you communicated by letter with the licensee? Yes
Date: March 8, 2012. Do you have a reply? Yes, Hand Delivery of Notice of Hearing
Please attach to this form all copies of the purchase agreement, building contract, home improvement
contract, copies of receipts and /or cancelled 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)
22- 201(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.
Contractor failed to secure and maintain com ens tion for his or her employees as required pursuant to
Florida Statute 440.10(1)(a).
Complainant's signature p`p- pt"'.'o LINDA C.WOLFE
° * MY COMMISSION t EE 144104
r *
State of: EXPIRES: December 7,2015
t' ►�
'"��TFOF e� °���< Bonded Thru Budget NolarY Services
County of: sftr
Sworn to or affirmed and subscribed before me this `� day of 2012,
Swo ( )
Bya;U SOt (signature of person making statement)
L�
signature of Notary Public)
Print, type or stamp commissioned name of No ry Public:
Personally known l oduced identification.
7z- * . • , MY�p �A c w E
a MMISS10�rr
E3
Certificate Detail Report
CDPR2305 - Certificate Detail Report
CERT NBR QUALIFIER NAME DBA
27889 WALTER PAESANO PAESANO'S PAINTING LLC.
DETAIL
CLASS CODE CLASS DESC
4270 PAINTING CONTR.
ORIG ISSD DATE
10/3/2005
RENEWAL DATE
COUNTY COMP CARD COUNTY EXP DATE
EXPIRE DATE
9/30/2012
COUNTY OL EXEMPT N
CNCL DATE
COUNTY OL NBR COUNTY OL EXP DATE
051013 9/30/2012
REINSTATE DATE
DBA
PHONE FAX
(239)645 -2404
MAILING ADDRESS PHYSICAL ADDRESS
4682 SUNSET RD #101 4682 SUNSET RD #101
NAPLES FL 34116- NAPLES
LIABILITY INSURANCE
COMPANY EXP DATE
BEST INSURANCE COVERAGE, INC. 9/27/2012
PHONE EFFECTIVE DATE
(239)793 -2378 9/27/2009
POLICY NUMBER CNCL DATE
AU09192011P 144965
INSURANCE LIMITS
2,000,000
WORKERS COMPENSATION INSURANCE
WC EXEMPT Y
COMPANY EXP DATE
PHONE
POLICY
Collier County Board of County Commissioners
CD-Plus for Windows 95 /NT
EFFECTIVE DATE
STATUS
ACTIVE
STATE NBR
STATE EXP DATE
0TH OL NBR
OTH OL EXP DATE
FL 34116-
CNCL DATE
Printed on 3/8/2012 2:32:20PM
Page 1
C&
Report Title: Code Case Details
Date: 4/9/2012 8:54:24 AM Case Number: cemis20120003257
I Case Number: ICEMIS20120003257
Case Type: Misconduct
Priority: Normal
Inspector: I IanJackson
Jurisdiction: I Contractor's Licensing I
Origin:lField Observation
I Status: I Refer to CLB
I Date & Time Entered: 1312/2012 9:06:20 AM I
Entered By: l IanJackson
Case Disposition: I Case Pending
Detail Description: I Walter Paesano. Work Comp violation (2nd). Previously cited 11/17/09.
Location Comments: 11204 Hernando St.
,.
Y� ...
,tom �` n
ti g e §, y. -4
IN
- ^t .,. Jea!s- -� ;--" vas ,;..��� �'�` a. ....,...:3 .. .». x a .b, a.. =,,. ., _ . #. _ .. _ r k
Contractor: Specialty WALTER PAESANO
i
Business Management & Budget Office 1
Code Case Details
Execution Date 4/9/2012 8:54:24 AM
s R
Desc
Assigned
Required
Completed
Outcome
Comments
Preliminary Investigation
IanJackson
3/2/2012
3/2/2012
Needs
3/1/12. Walter Paesano / Paesano's Painting,
Investigatio
LLC (645 -2404) subcontracted by Elaine
n
Higgins / B K Services of Naples, LLC for
painting at 1204 Hernando St.. Paesano had
employees, Omar Osorio and Jose Mercario,
painting on site. When asked if he had
workers comp for the two employees,
Paesano indicated that he did. Researching
County database showed Paesano operates
w/ Workers Comp exemption for himself only
(no other corporate officers / exemptions
through Paesano's company). Further
research found a previous citation issued to
Paesano on 11/17/09 for an employee w/ no
coverage. Arranged meeting for 3/5/12 to
issue NOH for April CLB.
Cont. Investigation
IanJackson
3/7/2012
3/7/2012
Complete
Missed 3/5/12 meeting. Meeting 3/8/12.
Cont. Investigation
IanJackson
3/8/2012
3/8/2012
Complete
3/8/12. Issued Notice of Hearing for April 18,
2012 CLB. Hand delivery.
Investigation
IanJackson
3/29/2012
3/29/2012
Refer to
3129/12. Added to April CLB
CLB
Schedule for CLB
michaelossori
3/29/2012
3/29/2012
Complete
0
Generate CLB Notice of Hearing
michaelossori
3/29/2012
3/29/2012
Complete
0
Enter Hearing Results
michaelossori
4/19/2012
Pending
0
Violation pescription
Status
Entered
Corrected
Amount
Comments
Worker's Compensation Violation
Open
3/2/2012
$01
1
n,o:S,. .. ?; a -.� .. -., �s _ ,.._- .•.dam _. ,,, _- :`fi_x....._q;..,a - w .e.m, .. .w.k ^� .. - *,�t'�. ��. .- �- ^'�'a°'m`, .x,..n "�� _ x
Title Reason Result I Compliance I Fine /Day Condition I
b-
- `"
Business Management & Budget Office 2
Collier County
Growth Management Division / Planning and Regulation
erations Department / Licensing Section
Hand Delivery _
Date:
Walter Paesano- DB /A Nesano's Painting, LLC.
4682 Sunset Rd. #10 1
u
Naples, Fl. 34116
RE: Complaint filed against you by Collier County Contractor Licensing Department regarding a
violation of Collier County Ordinance 90 -105, as amended, Section 22- 201(6) on March 2, 2012.
Dear: Mr. Paesano
• complaint has been fled against you by the above referenced individual.
• hearing of this complaint will be held by the Contractors' Licensing Board on April 18, 2012 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) 22- 201(6) of
Ordinance # 90 -105, as amended, the range of disciplinary sanctions which may be imposed are from an
oral reprimand to a suspension or revocation of your Collier County Certificate # 27889 and/or
suspension or revocation of your permit privileges against your state license # N /A.
Si Von
I Licee Officer
phone# 239 - 252 -2451
/m
p
Proof of Coverage Page 1 of 1
WC Ffonae WC Databases CFO Horne
Employer Detail Page
This database was last updated Saturday, April 07, 2012 11:58 PM.
Carrier Location Information
Employer Information
Employer Name Employer Type NAICS Code
PAESANOS PAINTING LLC LIMITED LIABILITY CO. N/A
Coverage History
No Coverage History
Exemption Listings
Exemption Holder Name
IWALTER PAESANO I
Owner Election Listings
'No Owner Election of Coverage Listings
Employer Name History
Employer Name Name Type Change Date
IPAESANOS PAINTING LLC Legal Current
V6
htti)s:Happs8. fldfs. com/ proofofcoverage /EmployerDetail.aspx ?EmpID= 002058462 4/9/2012
Proof of Coverage
Page 1 of 1
WC Home vvc tiatanases c.ru 11011-1
Exemption Detail Page
This database was last updated Saturday, April 07, 2012 11:58 PM.
L., Rourvo(opmop"wongy -,
FYpnnntion Details
Name -.
Title !
Effective Date !
`Termination Date Exemption Type
"Business Activities
Employer Name
Click Here to View
PAESANOS
WALTER
ME
Mar 20 2012
Mar 20 2014
Construction
Activities Listed on
PAINTING LLC
Exemption
PAESANO
Click Here to Vi ew
PAESANOS
WALTER
ME
Apr 1 2010
Mar 20 2012
Construction
Activities Listed on
PAINTING LLC
Exemption
PAESANO
Click Here to View
PAESANOS
WALTER
ME
Mar 18 2008
Mar 18 2010
Construction
Activities Listed on
PAINTING LLC
Exemption
PAESANO
Click Here to Vew
pAESANOS
WALTER
FMEJMar
28 2008
Mar 18 2008
Construction
Activities Listed on
pgINTING LLC
Exemption
PAESANO
`Termination may be through the revocation of the exemption, Or rANnauvrr yr u c c o...r .. .•.
"`The exemption only applies to the business activities listed on the exemption.
Eq
/nr nnfnfe.nverage /ExemntionDetail.aspx ?pr person _ id = 002399193 4/9/2012
Statutes & Constitution :View Statutes :- >2007- >Ch0440- >Section 10 : Online Sunshine
Select Year: 2007
The 2007 Florida Statutes
Title XXXI Chapter 440 View Entire Chapter
LABOR WORKERS' COMPENSATION
440.10 Liability for compensation. --
Page 1 of 2
(1)(a) Every employer coming within the provisions of this chapter shall be liable for, and shalt secure,
the payment to his or her employees, or any physician, surgeon, or pharmacist providing services under
the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16. Any
contractor or subcontractor who engages in any public or private construction in the state shall secure
and maintain compensation for his or her employees under this chapter as provided in s. 440.38.
(b) In case a contractor sublets any part or parts of his or her contract work to a subcontractor or
subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on
such contract work shall be deemed to be employed in one and the same business or establishment, and
the contractor shall be liable for, and shall secure, the payment of compensation to all such employees,
except to employees of a subcontractor who has secured such payment.
(c) A contractor shall require a subcontractor to provide evidence of workers' compensation insurance.
A subcontractor who is a corporation and has an officer who elects to be exempt as permitted under this
chapter shall provide a copy of his or her certificate of exemption to the contractor.
(d)1. If a contractor becomes liable for the payment of compensation to the employees of a
subcontractor who has failed to secure such payment in violation of s. 440.38, the contractor or other
third -party payor shall be entitled to recover from the subcontractor all benefits paid or payable plus
interest unless the contractor and subcontractor have agreed in writing that the contractor will provide
coverage.
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 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:
E lo
httn: / /www.leii.state.fl.us/ Statutes / index .cfm ?App_mode= Display_Statute &Search String =... 4/9/2012
ARTICLE V. BUILDING TRADES*
Page 28 of 36
competency card and as defined in this article or as restricted by the contractors'
licensing board.
(3) Abandoning a construction project in which he 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 90 consecutive days without just
cause and no said notice to the owner.
(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.
(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.
(6) Disregards or violates, in the performance of his contracting business in the county,
any of the building, safety, health, insurance or workers' compensation laws of the state
or ordinances of this county.
(7) Falsifying or misrepresenting any material fact in his application and supporting
papers for the purpose of obtaining a certificate of competency under this article.
(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:
a. The contractor fails to fulfill his contractual obligations to a customer because
of inability, refusal or neglect to pay all creditors for material furnished or work or
services performed in the operation of the business for which he is licensed,
under any of the following circumstances:
1. Valid liens have been recorded against the property of a contractor's
customer for supplies or services ordered by the contractor for the
customer's job; the contractor has received funds from the customer to
pay for the supplies or services; and the contractor has not had the liens
removed from the property, by payment or by bond, within 30 days after
the date of such liens;
2. The contractor has abandoned a customer's job and the percentage
of completion is less than the percentage of the total contract price paid to
the contractor as of the time of abandonment, unless the contractor is
entitled to retain such funds under the terms of the contract or refunds the
excess funds within 30 days after the date the job is abandoned;
3. The contractor's job has been completed, and it is shown that the
customer has had to pay more for the contracted job than the original
contract price, as adjusted for subsequent change orders, unless such
increase in cost was the result of circumstances beyond the control of the
contractor, was the result of circumstances caused by the customer, or
was otherwise permitted by the terms of the contract between the
contractor and the customer.
b. The contractor's job 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.
(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.