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CLB Backup 07/20/2011 CONTRACTORS LICENSING BOARD BACKUP DOCS July 20 , 2011 (REGULAR MEETING) Martha S. Vergara From: OssorioMichael <michaelossorio@colliergov.net> Sent: Wednesday, December 05, 2012 12:03 PM To: Ossorio, Michael; Martha S.Vergara Cc: Thomas, Consuela Subject: RE: [L8 Hearing July, %01l From: OssorioMichael Sent: Wednesday, December 05, 2012 11:44 AM To: 'Martha S. Vergara' Cc: ThomasConsuela Subject: [L0 Hearing July, 2011 Hi'K8artha, Please if possible attach this PDF as back-up material for the CLB meeting dated July, 2011 Regards, Michael Ossorio Under Florida Law,e-mail addresses are public records.If you do not want you e-mail address released in r€sporrse to a public records request.00 not send elect,orric mail to this entity Instead,contact this office by telephone or in writing Martha S. Vergara From: OssorioMichael <michaelossorio@colliergov.net> Sent: Wednesday, December 05, 2012 11:44 AM To: Martha S.Vergara Cc: Thomas, Consuela Subject: CLB Hearing July, 2011 1/2121/i Attachments: CLB packet.pdf pt*E Hi-Martha, putr Please if possible attach this PDF as back-up material for the CLB meeting dated July, 2011 Regards, Michael Ossorio Under Florida Law,e•mail addresses are public records,If you do not want your c3-mail address released in response to a public records request,do not send electronic;mail to this entity.instead,contact this office by telephone or in writing. 1 BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA,CONTRACTORS' LICENSING BOARD Petitioner, V. Case Number: 2011-10(B) License Number:36545 James G.Schuck D/B/A—MMC of Marco Island LLC/Marco Marine Construction Respondent. ADMINISTRATIVE COMPLAINT Collier County(County)files the Administrative Complaint against James G.Schuck( Respondent), a Collier County licensed Marine Seawall Dock Contractor(license#36545),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 Marine Seawall Dock Contractor with License number 36545. 2. The Respondent,pursuant to the ORDER OF THE BOARD settling Collier County Contractors' Licensing Board Case#2011-10,is serving a probationary period of twenty four(24)months from July 20,2011,whereby the Respondent will perform his contracting activities under the supervision of the Board. During which time,should the Respondent violate the Ordinance in any respect which results in charges being brought against him pursuant to the Ordinance, his permit pulling privileges on his license will be immediately suspended and a hearing on the suspension and violation shall be held and the next regularly scheduled Board hearing. 3. 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.James G.Schuck,qualifying agent for MMC of Marco Island LLC/Marco Marine Construction, failed to maintain at all times,with an insurance company authorized to do business in the state, the limits of Workers'Compensation insurance,as required in Collier County Ordinance 90-105, as amended,Section 22-187. b.Therefore, pursuant to Collier County Ordinance 90-105,as amended,Section 22-202(b), Section 22-202(c)and the ORDER OF THE BOARD,settling Collier County Contractors'Licensing Board Case#2011-10, the complaint was investigated and found sufficient cause to file formal charges. 4. Collier County brings the following charge in this formal complaint against the Respondent. COUNT 5. Collier County Ordinance 90-105,as amended,Section 22-201(11),states"Failure to maintain at all times,with an insurance company authorized to do business in the state,the limits of liability and other categories of insurance as required by this article ". WHEREFORE,the Petitioner asserts the above facts and charges are grounds for disciplinary action under Section 22-201 of Collier County Ordinance 90-10S,as amended,and WHEREFORE, in consideration of the foregoing,the - • •ner res.- ully requests the Collier County Contractors' Licensing Board to find the Re.pondent guilty of the iolations charged. ��rari Dated: I//Z�� Z Si ned: 1 g Collier County Contractors' Licensing Supervisor or Designee C.L.B.Case 2011-10(B) James G.Schuck D/B/A—MMC of Marco Island LLC/Marco Marine Construction Table of Contents El through E4—Case summary/Case details. E5—Notice of Hearing on violation and suspension. Mailed 11/28/12. E6—Certified Mail Receipt. E7—U.S. Postal Service"Track&Confirm". E8—Emailed complaint. E9—Florida Dept.of Financial Services webpage showing policy effective dates of 12/1/11—8/15/12. E10—Florida Dept.of Financial Services webpage showing policy effective dates of 10/11/12—current. Ell—Certificate of Insurance,from County records,showing current effective dates of coverage. E12&E13—Email correspondence with MMC of Marco Island LLC insurance agent. E14—Florida Statute 440.10(1)(a),"Liability for compensation". E15—Collier County Ordinance 90-105,as amended,Section 22.187. Insurance. E16—6/1/11 Affidavit,James Schuck acknowledging insurance requirement. E17—Collier County Ordinance 90-105,as amended,Section 22-201(11). Misconduct charge. E18—STIPULATION/AGREEMENT,settling case#2011-10. E19 through E23- Case#2011-10 ORDER, FINDINGS OF FACT,CONCLUSIONS OF LAW and ORDER OF THE BOARD. E24 through E28—Photographs, provided by complainant. C.L.B.Case 2011-10(B) James G.Schuck D/B/A—MMC of Marco Island LLC/Marco Marine Construction Case Summary 11/13/12. I, Ian Jackson,spoke with Toni Jessen concerning The Florida Department of Financial Services public website and dates of Workers'Compensation coverage showing for Marco Marine Construction/MMC of Marco Island LLC.The effective dates on the website indicated that there may have been a period from 8/15/12 to 10/11/12 where there was a lapse in coverage. Documentation in County database showed a Workers'Compensation policy(including required longshoreman's)with an effective date of 10/11/12,consistent with the information found on the Florida Department of Financial Services public website.Ms.Jessen was advised that she may file a complaint to begin the process of investigating the possible lapse in coverage. 11/16/12. Ms.Jessen filed a complaint,via email,against James Schuck/MMC of Marco Island LLC/ Marco Marine Construction. Upon receipt of complaint, I contacted Allie Ellis,representative of the Insurance agent for MMC of Marco Island, LLC.When asked about the dates(8/15/12 to 10/11/12), where it appeared there was a lapse in Workers'Compensation coverage, Ms. Ellis confirmed that there was a lapse in that time frame.Said lapse in coverage constitutes a violation of Collier County Ordinance 90-105,as amended,Section 22-201(11). 11/27/12. I Met with James Schuck and Michael Ossorio,where Mr.Schuck verified the fact that there was a lapse in coverage in the time period in question. It was then explained to Mr.Schuck that due to the previous case heard by the County Contractors' Licensing Board(2011-10)and the ORDER OF THE BOARD settling that case,and the establishment of the violation of Ordinance,the County was in a position where his permit pulling privileges on his license will be immediately suspended and a hearing on the suspension and violation shall be held at the next regularly scheduled Board hearing. 11/28/12.Notice of hearing on suspension and violation mailed,certified mail return receipt,to mailing address for qualifier, James Srhiirk, Ci tergovnet Report Title: Code Case Details Date: 12/5/2012 8:47:08 AM Case Number: CEMIS20120017392 u � ��,+�,t i, y"�bip•t��z "?� � 4,�. >,t a t a t z.. z.� � Y R.v y�S..e r ����z' - . :xks, + $ � 1 .u. c§ hE`' t ,1 Case Number: CEMIS20120017392 , Status: Preliminary Review Case Type: Misconduct Date&Time Entered: 11/20/2012 9:23:17 AM Priority: Normal Entered By: lanJackson Inspector: lanJackson Case Disposition: Case Pending Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description: Complainant-Toni Jessen 970-2220 Contractor-James Schuck 289-6832 Complaint concerning operation of contracting business with lapse in Workers'Compensation Location Comments: various 7. rWr" A rye ^ ', ..; W KOS `41 s .A64a4 " ;;;I 1;'; a*fi E t r a !"^'^z •-. c� & _.. i �, � �' .:.ice,?ds.: q say ,z" � xxLwWt �a ,+� F S T_'-� �s.+ - "�� �-� Tyf _ .. .yl .{w...v:. \ N��„✓'1xS,aw'�:.. vFY.i m.rs£��Q f.,. x,...'t...w �.� .>...C...a r ....-..�n`w a n a < a.a�.,.`�'ta,m��',Y d a. ,..k.X'+dti �,d""�4A lh.��.� � �, Complainant JESSEN,TONI R Contractor JAMES G. SCHUCK Business Management&Budget Office 1 Code Case Details Execution Date 12/5/2012 8:47:08 AM `r43 il .�r`4 1 t'� +"r 4ai Y by lev ( Rt r+ 5�kx • x 4 t i w 5-0`r; Alki's i b ." t i tea Desc Assigned Required Completed Outcome Comments Preliminary Investigation lanJackson 11/20/2012 11/20/2012 Needs 11/16/12.Emailed complaint to Jamie French, Investigatio forwarded to Ian Jackson for investigation. n Complaint states MMC of Marco Island,LLC/ D/B/A Marco Marine Construction,qualified by James G.Schuck was without Workers'Comp and Longshoreman's insurance from 8/15/12 to 10/11/12.Complainant requests that previous case from 10/9/12 (CEMIS20120015281 )be reopened.Will open new case,using evidence provided by complainant in previous case. 11/16/12.Researched Florida Department of Financial Services website and found Workers Compensation policy(including Longshoreman's)with effective dates of 12/1/11 to 8/15/12. Found the next current Workers'Compensation policy(including Longshoreman's)with effective dates of 10/11/12 to present.Appears that there was a lapse in coverage between 8/15/12 and 10/11/12. 11/16/12.Spoke w/MMC of Marco Island, LLC/Marco Marine Construction's Insurance agent w/Lutgert Insurance-Marco,Allie Ellis (394 7575).Ms.Ellis adivesd that there was a lapse In coverage In this time period due to the new insurance company performing inspections on Marco Marine Construction and due to a delay in payment due to a check lost in the mail. 11/19/12.left message for complainant to advise that I have the complaint and am conducting preliminary investigation. 11/19/12.Spoke w/James Schuck,qualifier of MMC of Marco Island, LLC/D/B/A Marco Marine Construction.Advised Schuck of complaint and preliminary investigation being conducted. Cont.Investigation lanJackson 11/20/2012 11/20/2012 Complete 11/20/12.Requested of City of Marco Island, permitting activity(permits applied for, permits issued,COs issued,inspections arranged for)of Marco Marine Construction between the dates of 8/15/12 and 10/11/12. Researched same in County database and obtained same from City of Naples Building Dept. 11/20/12.Left message for complainant stating preliminary investigation is being done. 64,5 Business Management&Budget Office 2 • Code Case Details Execution Date 12/5/2012 8:47:08 AM Desc Assigned Required Completed Outcome Comments Cont.Investigation lanJackson 11/28/2012 11/28/2012 Complete 11/26/12.Received phone message from complainant 11/27/12.Left two return messages for complainant. 11/27/12.Per MGO,James Schuck/MMC of Marco Island,LLC/Marco Marine Construction certificate suspended in County, City of Marco Island and City of Naples. • Contractor may work on issued permits but no new permits will be issued pursuant to 2011- 10 Board Order.Hearing on suspension scheduled for 12/19/12 11/28/12. Spoke w/complainant.Advised that Contractor's permit pulling privileges have been suspended.Advised complainant that her attendance at hearing is required. Cont.Investigation lanJackson 11/30/2012 11/30/2012 Complete 11/28/12.Notice of suspension and hearing on violation/suspension mailed certified 11/28/12. Cont.Investigation lanJackson 12/4/2012 12/4/2012 Complete 12/3/12.Case prepared for hearing. Investigation lanJackson 12/7/2012 Pending Violation Description Status Entered Corrected Amount Comments 4.1 Misconduct-County/CIty Open 11/20/2012 $0 Certificate of Competency - r Title I Reason I Result I Compliance I Fine/Day I Condition Business Management&Budget Office 3 Collier County Growth Management Division/Planning and Regulation Operations Department/Licensing Section Certified Mail Return Receipt 7007-2560-0001-1485-5162 James G. Schuck MMC of Marco Island,LLC/Marco Marine Construction PO Box 1247 Marco Island,Fl 34146 Date:November 27,2012 RE: Suspension of Collier County Certificate 36545,pursuant to case#2011-10,"ORDER OF THE BOARD", Section 1. Dear: Mr. Schuck, Due to charges being brought against you pursuant to the Ordinance and the Stipulated Agreement,settling Collier County Contactors' Licensing Board case it 2011-10,your Permit pulling privileges on Collier County Certificate#36545 have been suspended and a hearing on the suspension and violation shall be held at the next regularly scheduled Board hearing A hearing of this violation will be held by the Contractors'Licensing Board on December 19, 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(11)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#36545 and/or suspension or revocation of your permit privileges against your state license#NA. Sincerely, Michael Ossorio Collier County Contractors' Licensing Supervisor 239-252-5706 U.S. Postal Service r, CERTIFIED MAIL, RECEIPT rU (Domestic Mail Only;No Insurance Coverage Provided) .tl '-1 For delivery information visit our website at www.usps.com� Ln ul OFFICIAL USE =`• Postage $ r-a ' Certified Fee Postmark in Return Receipt Fee Here (Endorsement Required) • Restricted Delivery Fee ( V7-3( Endorsement Required) l v— uT Total Postage&Fees • ru 'r • Ors.....:„.. »:^.= � --....... N --• -NQ; 2�� or PO Box No. C7 •.�drx Ate 0 PS Forni 3800,August 2006 See Reverse for Instructions f { k-. USPS.com®-Track& Confirm Page 1 of 1 English Customer Service USPS Mobile i . Quick Tools Ship a Package Send Mail Manage Your Mail Track & Confirm GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE&TIME 70072560000114855162 Notice Left November 30,2012,12:13 pm www.usps.com/redelivery or calling 800-ASK- USPS,or may pick up the item at the Post Office indicated on the notice.If this item is • unclaimed after 15 days then it will be returned to the sender.Information,if available,is updated periodically throughout the day.Please ;check again later."> Depart USPS Sort November 30,2012 Facility Processed through November 30,2012,2:13 am USPS Sort Facility Check on Another Item What's your label(or receipt)number? Find A LEGAL ON USPS.COM ON ABOUT.USPS.COM Privacy Policy> Government Services> About USPS Home> Terms of Use> Buy Stamps&Shop> Newsroom> FOIA> Print a Label with Postage> Mail Service Updates> No FEAR Act EEC)Data> Customer Service> Forms&Publications> Site Index> Careers> Copyright©2012 USPS.All Rights Reserved. £1 httns://tools.uses.comI o/TrackConfirmAction.action 12/5/2012 Jacksonian From: FrenchJames Sent: Friday, November 16, 2012 3:10 PM To: KovenskyKenneth; WrightJeff Cc: Jacksonian Subject: Fw: Licensing Complaint-#36545 FYI-JF From: tnjessen(a�aol.com [mailto:tnjessen(alaol.com] Sent: Friday, November 16, 2012 02:59 PM To: FrenchJames Cc:tnjessen(alaol.com <tnjessenC&aol.com> Subject: Licensing Complaint- #36545 Mr. French, This email is to notify you of additional information found relating to Marco Marine Const. I contacted Mr. Jackson Tuesday morning to confirm that the additional information i could see was correct. He did confirm the info and I asked if he could reopen the complaint from 10/8 but he thought I should really submit a new complaint. I provided the additional information below(which is a violation)and respectfully request that my complaint from 10/8, which was closed, be reopened. New information: Marco Marine Construction was without Workers Comp. and Longshoreman's Ins. from August 15th through October 11th, 2012. The codes state that it is a violation for a contractor to work without insurance and evidence has previously been provided showing that the company was, in fact,working in this time period. I am currently in the process of sending another email which will provide you with an explanation as to why I would like the original complaint reopened. Thank you, Toni Jessen 239-970-2220 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Es Proof of Coverage Page 1 of 1 1*Aattt t tti +4.rTi WC He Employer Detail Page Carrier Location Information g Employer Information Employer Name Employer Type I MARCO MARINE CONSTRUCTION INC DBA I N/A Coverage History Locations Governing Effective Cancellation Effective Carrier Office Class Code* Date at 12:01 A.M. View 05213 Dec 1 2011 Aug 15 2012 ZURICH AMERICAN Locations INSURANCE CO OF Il View 05213 May 26 2011 Dec 1 2011 ZURICH AMERICAN Locations INSURANCE CO OF It *Represents the Governing Class Code associated with the Named Insured as reported by the Insurance Carrier, and is not validated as Corr Exemption Listings INo Officer Exemption of Coverage Listings is Owner Election Listings INo Owner Election of Coverage Listings Employer Name History Employer Name Name 'MARCO MARINE CONSTRUCTION INC DBA I Lel t�Return to„S�arch,_Pag�: , https://apps8.fldfs.com/proofofcoverage/EmployerDetail.aspx?EmpID=E01276639 11/19/2012 Proof of Coverage Page 1 of 1 }i k sit �, ..� - a �" sa�a � e i�94�a � ,� M i'` o`q�3 K�,�c s� (�".' to J��jj� e c'�' {4 a^}ars � tt .rs�s�S -a h �' Gp' A N 31 � r' f.., b$7 4N 4 Y 1 j �11, o t fw“ W i Ora rc *4.#�} r:/.J) .ae ,p ��y'ritrj��y�3 ^M.'t `dF { '.�� hV �:� �. .t V9 Y..�Y� �, 'tit` i4 Y. f - WC He Employer Detail Page Carrier Location Information lawigektlMtgoleargbigagsktai Employer Information Employer Name Employer Type MARCO MARINE CONSTRUCTION MMC OF I LIMITED LIABILITY CO. MARCO ISLAND LLC Coverage History Locations Governing Effective Cancellation Effective Carrier Office Class Code* Date at 12:01 A.M. F View AMERICAN INTERSTATE 05213 Oct 11 2012 no cancellation submitted Locations INSURANCE CO View 05213 Dec 1 2010 May 26 2011 ZURICH AMERICAN Locations INSURANCE CO OF IL *Represents the Governing Class Code associated with the Named Insured as reported by the Insurance Carrier,and is not validated as corr Exemption Listings INo Officer Exemption of Coverage Listings Owner Election Listings 1No Owner Election of Coverage Listings Employer Name History Employer Name Name !MARCO MARINE CONSTRUCTION MMC OF MARCO ISLAND LLC I I al L..NRarturn to Sgarcicy age ..d 6t0. https://apps8.fldfs.com/proofofcoverage/EmployerDetail.aspx?EmpID=E01227712 11/19/2012 Nov. 2. 2012 8:35AM lutgert Iosuralce No. 6160 P. 1/1 ( ACaOiR'L`11° DATE(151/DO YYYY) �, CERTIFICATE OF LIABILITY INSURANCE 11/2/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE POES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy{Iss)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,ceriatn policies may require en endorsement. A etatement on this certificate does not confer rights to the certificate holder In lieu of such endoreement(a). PRODUCER Alt= Lulgerl Insurance-Marco . F K 740 N.Collier Blvd. Ste 103 FIRt Ea)•239.394-7575 r�ic Nel(�39 384.7?37 Marco Island FL 34145 AD '�8: __.. . . IHSURERIII AFFORDING COVERAGE NAIL a { .I@0!!!!€PI.&INOrth(tm.Assura 8389 ammo MARC003 INSURERa ' orMsfed Indu _ .. ....23.140.......... Marco Marine Construction INSURER C: MMC of Marco Island LLC dlbla • 18s1rReftp: -" ' PO Box 1247 Marco Island FL 34146 muses es INSURsR F: COVERAGES CERTIFICATE NUMBER:2073865983 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR The POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS • CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.ECU 1 TYPE OF INSURANCE INSR$UA POLICY NUMBER LMrd�l'Mf 7YVY} UNITS A GENERALDAIiIUYY I35JH24120 10/2912012 10/29/2015 EACH OCCURRENCE 11,000,000 i X COMMERCIcLGENE RSIUYY .Rpm rOIUTIT aei _ 9,owo CLAIMS•MADii OCCUR MEDEJIP(Aar ono Berson) 85.000 • PERy9QNALAADVINNRY IIAcl8ded • GENERAL AGGREGATE 82.000,000 L ASORWE L�IMpIT,, a PER' PRODUCTS•CYSMPRh!A(rG 51;X0.000, IPOUCYI IPJECT LOC 1 AUTOMOekEUABIUTY J 1 18N(5.t LIM11 3 _. ANY AUTO _ 0OOLY INJURY(Parsaloon? I ^ n _ SCREECULEO BODRYINJURY(Pas emident) $ ..,_ HIRED AUTOS AUTO QED I IElaIOlY__S7AMIt0E 8 [JlrBrdl S -- UM9RELLAUM, OCCUR EACH OCCURRENCE S — EXCESS LIAO H C MS-MPDt „A IIEame j I �• OED 1 RETENTIONS 8 B WORKERS COMPENSATION 850000874691 40/11/2012 10/11/2013 I Mail Ida•. AROEMPLOYERS'LIADIUTY MOPROPRIETOR PARTNEf'EXECUTIVE El.EACH ACC•OEN1 81,000.000 • (M•ndatw OFFICERNEMBER EXCLUDED! L^� N IA EL.[ERASE.EAEMPLOYEE $1.000,000 laniItyq��Q�1010• TION OF OssaAYWMa row I:.L.O.SLAGC.POLICY UMtT 81.000,000 OEBGRPTION OP OPERATIOOS I LOCATIONS I WWII mats(AMU•U ACORD 101,AdOltloaaI Ronal S•AtduI Ir Wet WM It?squirt d) Marine Contractor-dock repair,seawall repair,P&1,USLI are Included. CERTIFICATE HOLDER CANCELLATION39 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED III Collier County Contractor Licensing Dept ACCORDANCE WITH THE POLICY PROVISIONS. 2800 N Horseshoe Drive FX 52-2469 AUTHOR! DREPRESENTATIVE Naples FL 34104 , ._P. Se 1968-2010 ACORD CORPORATION. II eights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORO e.k \ .... Jacksonian From: Jacksonian Sent: Friday, November 30, 2012 9:10 AM To: 'Allie Ellis' Subject: RE: Marco Marine Construction Allie, I was only trying to establish a clear understanding of what the circumstances were that led to the failure to maintain the coverage. I appreciate your efforts and understand if your client(the insured)told you to hold up on this. Again,thank you for your efforts and cooperation in this case. Ian Jackson License Compliance Officer Contractors'Licensing/Growth Management Division 2800 North Horseshoe Dr Naples,Fl 34104 Phone:239-252-2451 Fax:239-252-2469 ianiackson Pcollieraov.net From: Allie Ellis [mailto:AEllisCTlu gertinsurance.com] Sent Wednesday, November 28, 2012 4:14 PM To: Jacksonlan Subject: RE: Marco Marine Construction Importance: High I was working on this and the insured said he went in and spoke with Mike Ossario since you sent me this email. The insured told me to hold up on doing this. Allie Ellis(aellis @lutgertinsurance.com) From: Jacksonlan [mailto:IanJackson@colliergov.net] Sent: Monday, November 26, 2012 4:06 PM To: Allie Ellis Subject: RE: Marco Marine Construction Take the time you need to provide an accurate account of the circumstances. Ian Jackson License Compliance Officer Contractors'Licensing/Growth Management Division 2800 North Horseshoe Dr Naples,Fl 34104 Phone:239-252-2451 Fax:239-252-2469 ianiacksonPcoIlierpov.net 011. 1 From:Allie Ellis[mailto:AEllislutgertinsurance.comT Sent: Monday, November 26, 2012 3:14 PM To: Jacksonian Subject: RE: Marco Marine Construction Importance: High Dear Ian: This takes me some time to put the details and dates together.. Can I have some time to do this? Also are they allowed to work under their current insurance that is in force? Let me know please!!! I need to pull emails etc.to back the statements. Allie Ellis(aellis@Iutgertinsurance.com) From: Jacksonlan [mailto:IanJacksonftcolliergov.net] Sent: Monday, November 26, 2012 2:14 PM To:Allie Ellis Subject: Marco Marine Construction Hello Allie, In our two conversations this month concerning MMC of Marco Island, LLC/Marco Marine Construction and their failure to maintain Workers' Compensation coverage between 8/15/12 and 10/11/12,you mentioned that there may be extenuating circumstances that prolonged the process of the company obtaining coverage in that time period. As we discussed this afternoon,would you mind explaining what the circumstances were? Thank you. Ian Jackson License Compliance Officer Contractors'Licensing/Growth Management Division 2800 North Horseshoe Dr Naples, PI 34104 Phone:239-252-2451 Fnx:739-752-246.9 ianiackson@collieraov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead.contact this office by telephone or in writing. 2 ���i Statutes& Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 2012 G4 ) The 2012 Florida Statutes Title XXXI Chapter 440 View Entire Chapter LABOR WORKERS' COMPENSATION 440.10 Liability for compensation.— (1)(a) Every employer coming within the provisions of this chapter shall be liable for, and shall secure, the payment to his or her employees, or any physician, surgeon, or pharmacist providing services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 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 shalt 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: 1. The subcontractor has secured workers' compensation insurance for its employees or the contractor has secured such insurance on behalf of the subcontractor and its employees in accordance with paragraph (b); and 2. The subcontractor's own gross negligence was not the major contributing cause of the injury. (f) If an employer fails to secure compensation as required by this chapter, the department shall , assess against the employer a penalty not to exceed $5,000 for each employee of that employer w is 44 el httn://www.lee.state.fl.us/Statutes/index.cfm?Ann mode=Disnlav Statute&Search String... 12/5/2012 ARTICLE V. BUILDING TRADES* Page 25 of 36 Sec. 22-186. Examinations. A minimum passing grade of 75 percent shall be required on all examinations. Examinations shall be specific to the trade category for which application for a certificate of competency has been made. Said examinations shall be proctored and graded by a testing agency meeting all the requirements of section 22-185. When a certificate of competency becomes void pursuant to section 22-191 herein, all previous examination scores shall be disregarded except when the most recent relevant examination was taken and passed within three years of the date of receipt of the new application, pursuant to Chapter 489, Florida Statutes. (Ord. No. 90-105, §2.7; Ord. No. 92-61, § 2; Ord. No. 97-68, § 1, 10-28-97; Ord. No. 99-45, §2.7, 6-8- 99) Sec. 22-187. Insurance. All licensed contractors shall maintain liability and other categories of insurance, as required by state law, at all times. Such insurance shall be with an insurance company authorized to do business in the state. The minimum limits of liability insurance required shall be not less than$100,000.00 for bodily injury and $25,000.00 for property damage or any higher minimums as required by state law. All licensed contractors shall maintain applicable workers' compensation insurance as required by state law. (Ord. No. 90-105, §2.8; Ord. No. 92-61, §2; Ord. No. 99-45, §2.8, 6-8-99) Sec. 22-188. Dormant status. (a) Any person that holds a valid Collier County/City Certificate of Competency may place the certificate of competency on dormant status during which time said person shall not engage in contracting in Collier County but may retain the certificate on a dormant status basis, provided timely payment is made of an annual renewal fee as set forth in section 22-182(a)(4) and applicable resolutions enacted by the board of county commissioners. (b) Persons or business organizations desiring to renew a dormant certificate may do so by complying with the requirements of section 22-191 relating to renewals. (Ord. No. 90-105, § 2.9; Ord. No. 92-61, §2; Ord. No. 94-34, §2; Ord. No. 99-45, §2.9--2,9.2, 6-8-99) Sec. 22-189. Restricted certificates of competency. The contractors' licensing supervisor or designee may issue a restricted certificate of competency to an applicant for a certificate in a particular trade, which certificate is restricted to certain aspects of that trade where the applicant has satisfactorily demonstrated that he/she is qualified under this article in certain aspects of that trade, but lacks the required experience in other aspect(s) of that trade. For example, an applicant for a certificate as a floor covering installation contractor may have the required experience in laying carpets and/or tiles, but not wood flooring. Each staff level decision to restrict a certificate shall be final unless reversed or modified by the CLB upon appeal by the certificate holder. (Ord. No. 90-105, §2.10; Ord. No. 92-61, § 2; Ord. No. 99-45, §2.10, 6-8-99) 6 17 http://library2.municode.com/default/DocView/10578/1/36/41?hilite=2006 46; 1/16/2009 • AFFIDAVIT It is understood and acknowledged by the Collier County Contractors'Licensing Board and myself that if I fail to acquire, or maintain at all times effective • Workmen's Compensation Insurance it will result in the possible revocation of my Certificate of Competency. • IGNATURE OF APPLICANT M MC 09 O IYA#0N O U-rnAtto M4r.,tite BUSINESS NAME COuscceTiOf 1, 9.01‘ DATE • BEFORE ME this day personally appeared who affirms and says that he has less than one employee and does not require Workmen's Compensation and understands that at any time he employs one or more persons he must obtain said Workmen's Compensation Insurance, •;. STATE OF FLORI9A COUNTY OF (6//C-✓ The foregoing instrument was acknowledged before me this JUN 1 2(111 (Date) JQ/7? S / / c UC f=--C • by �U who has produced (name of person ackno edging) (Type of identifica' - as identification and who did not take an oath. • NA U' •F NO 'ARV • NOTARY SEAL N ,publicStateofFtoride NO RY PUBLIC �e�nlfer Blaruo ppg8018 • MY�a"^�iss 12014. . Expires py1fN2 orN 11)� ARTICLE V.BUILDING TRADES* Page 29 of 36 (10) Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the quality and/or quantity of the unfinished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue, faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of aesthetics unless the aesthetically related item clearly violates a written contract specification directly related thereto. (11) Failure to maintain at all times, with an insurance company authorized to do business in the state, the limits of liability and other categories of insurance as required by this article. (12) Failing to claim or refusing to accept certified mail directed to the contractor by the contractors'licensing board, or its designee. (13) Failing to maintain a current mailing address. (14) Failing to appear in person or through a duly authorized representative at any scheduled hearing on a complaint filed against the contractor. (15) Being convicted or found guilty, regardless of adjudication, of a crime in the county which directly relates to the practice of contracting or the ability to practice contracting. (16) Allowing another to take a qualifying examination on the applicant's behalf. (17) Engaging in contracting business in the county or the city when prohibited from doing so by the contractors'licensing board. (18) Proceeding on any job without obtaining applicable permits or inspections from the city building and zoning division or the county building review and permitting department. (19) Failing in any material respect to comply with the provisions of this article as a contractor or as a qualifying agent for a business entity engaging in contracting. i (20) Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or materials which results in a financial loss to the owner, purchaser, or contractor; or falsely indicating that workers' compensation and public liability insurance are provided. (21) Failure of a qualifying agent for a firm/legal business entity to comply with the requirements set forth in F.S. §§489.119 and 489.1195. (22) Falsifying or misrepresenting any material fact to another person with the intent or for the purpose of engaging in the contracting business, providing materials or services, or soliciting business for an employer, as a contractor, or as an employee, regardless of any financial consideration. (23) Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage. (24) Misconduct in the practice of contracting(see section 22-201.1 below). (Ord. No. 90-105, §4.1; Ord. No. 92-61, §4; Ord. No. 94-34, §4; Ord. No. 97-68, § 1, 10-28-97; Ord. No. 99-45,§4.1--4.1.24, 6-8-99) Erit http://library2.municode.com/default/DocView/10578/1/36/41?hilite=2006 46; 1/16/2009 BOARD OF COUNTY COMMISSIONERS Collier County, Florida ORIGIIv'AL Petitioner, vs. Case No. 2011-10 James G. Schuck D/B/A- MMC of Marco Island, LLC Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, James G. Schuck, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Administrative Complaint in reference (case) number 2011-10 scheduled for the 20th day of July, 2011. In consideration of the disposition and resolution of the matters outlined in said Administrative Complaint for which a hearing is currently scheduled for July 20, 2011; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Administrative Complaint are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$700.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Failure to comply with above will result in revocation of current Certificate. 3) Further punitive action will be left to the discretion of the Contractors' Licensing Board. 44AA,v8ej_ C� Sd.l. / ,--7-?--- pondent or Representative (sign) Board Chairman y JA-ivies 6 60-lue4 9/70//i Respondent or Representative (print) Date C- 30 -2011 Date 618 REV 12/1/08 • • • CONTRACTORS LICENSING BOARD • COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, ) • COLLIER COUNTY, FLORIDA ) Petitioner ) Case No: 2011-10 ) License No. 36545 •Vs. ) ) . James G. Schuck ) d/b/a MMC of Marco Island, LLC ) Respondents ) • / ORDER • THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on July 20, 2011 for consideration of the Administrative Complaint filed against James G. Schuck. Service of the Complaint was made in accordance with • • Collier County Ordinance 90-105 as amended. The Board made a finding of fact that the service 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 James G. Schuck is the holder of record of License Number 36545. 2. That the Board of County Commissioners of Collier County, Florida is the • • complainant in this matter. 3. That the Board has jurisdiction of the person of the Respondent and that James G. Schuck was present at the public hearing and was not represented by counsel at the hearing on July 20, 2011. C:1Documents and Settingslclements_k\Local Settings\Temporary Internet Files1Content,Qutlook\JL8DE61w1Schuck James Case 2011-10.docc 1 4.All notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued, hand delivered and delivered by certified mail in accordance with Collier County Ordinance 90-105, as amended. 5. The Respondent stipulated to the fact that he acted in a manner that is in violation of Collier County Ordinances and is the one who committed the act. 6. That the Respondent stipulated under oath at the hearing on July 20,2011 to the fact that the allegations of fact as set forth in the Administrative Complaint, as to Count I, Section 4.1.6 of the Collier County Ordinance 90-105, as amended, and therefore such facts are hereby 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 were stipulated to under oath by the Respondent at the hearing on July 20, 2011 and said conclusions of law are hereby approved, adopted and incorporated herein,to wit,the Respondent violated Section 4.1.6 of Collier County Ordinance 90- r 105, as amended in the performance of his contracting business in Collier County by �• i 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 f=act 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 7 in favor and 0 opposed, - C:1Documents and Settings%clements_k\Local Settings\Temporary Internet FileslContent.outtookUL8DE61 WWchuck James Case 2011-10.docx 2 et° a majority vote of the Board members present, the Respondent has been found in violation as set out above and as set out in the Stipulation Agreement attached hereto and executed by the Respondent and the Chair of the Board. 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' License Number 36545, as agreed in the attached Stipulation Agreement. 1. Probation for a period of twenty four(24) months whereby the Respondent will perform his contracting activities under the supervision of the Board. During which time, should the Respondent violate the Ordinance in any respect which results in charges being brought against him pursuant to the Ordinance, his permit pulling privileges on his license will be immediately suspended and a hearing on the suspension and violation shall be held and the next regularly scheduled Board hearing. 2. A fine In the amount of three thousand dollars ($3,000.00)for count Ito t be paid within thirty(30)days of the date of this hearing. 3. Administrative and investigative costs in the amount of seven hundred t 5 dollars ($700.00) to be paid within thirty(30) days of the date of this hearing. 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. Monuments and Settingslciements_kllocal Settingsrremporary Internet Files\Content.0utlookWL8DE61 W1Schuck James Case 2011-10.docc 3 ev 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 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 no recommendation to the Florida Construction Industry Licensing Board. 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 C:1Documents and Settifhgslclements_klLocal Settings1Temporary Internet Fites\Content.OutrookUL8DE611MSchuak James Case 2011-10.domc 4 as tt 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 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 20th day July, 2011. i Kyle Lantz, Chairman 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, James G. 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