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CLB Agenda 04/17/2013 CONTRACTORS LICENSING BOARD Agenda April 17 , 2013 CNia ,ivrt Co eT County COLLIER COUNTY CONTRACTORS' LICENSING BOARD AGENDA APRIL 17, 2013 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. I. ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: March 20, 2013 V. DISCUSSION: VI. NEW BUSINESS: (A) Joseph Epifanio —Waiver of Examination(s) VII. OLD BUSINESS: (A) Orders of the Board VIII. PUBLIC HEARINGS: (A) Case#2013-06—Alberto L. Diaz— D/B/A A & M Professional Home Services, LLC (B) Case#2013-04 —Allen G. Reeves— D/B/A-A G Reeves, LLC IX. REPORTS: X. NEXT MEETING DATE: WEDNESDAY, MAY 15, 2013 COLLIER COUNTY GOVERNMENT CENTER ADMINISTRATIVE BUILDING THIRD FLOOR IN COMMISSIONERS CHAMBERS 3299 E. TAMIAMI TRAIL NAPLES, FL 34112 March 20,2013 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING March 20, 2013 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 Administrative Building "F," 3rd Floor, Collier County Government Complex, Naples, Florida, with the following Members present: Chairman: Richard Joslin Vice Chair: Patrick White Members: Michael Boyd Ronald Donino Terry Jerulle Kyle Lantz Thomas Lykos Robert Meister Jon Walker ALSO PRESENT: Michael Ossorio — Supervisor, Contractors' Licensing Office Jeff Wright, Esq. —Assistant County Attorney James F. Morey, Esq.—Attorney for the Contractors' Licensing Board Ian Jackson—Licensing Compliance Officer 1 March 20,2013 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 Richard Joslin called the meeting to order at 9:01 AM and read the procedures to be followed to appeal a decision. Roll call was taken and a quorum was established. Nine voting members were present. II. AGENDA—ADDITIONS OR DELETIONS: Continuations: • Under Item VIII, "Public Hearings:" (A) Case#2013-04: BCC vs. Allen G. Reeves, d/b/a"A G Reeves, LLC,"was continued to the April meeting. (C) Case#2013-06: BCC vs. Alberto L. Diaz, d/b/a"A & M Professional Home Services, LLC,"was also continued to the April meeting. III. APPROVAL OF AGENDA: Thomas Lykos moved to approve the Agenda as amended. Second by Kyle Lantz. Carried unanimously, 9—0. IV. APPROVAL OF MINUTES—February 20,2012: Corrections: • Page 15 (3`d paragraph): Change"under"to"until" • Page 15 (4th paragraph): Change "$64.000"to "$64,000" (2°d bullet point) Vice Chairman White moved to approve the Minutes as amended. Second by Thomas Lykos. Motion carried, 6— "Yes"/3— "Abstentions." Chairman Joslin,Michael Boyd, and Ronald Donino abstained from voting because they did not attend the February meeting. V. DISCUSSION: (None) VI. NEW BUSINESS: (Note: Regarding cases heard under Section VI and Section VIII, respectively, the individuals who testified were first sworn in by the Attorney for the Board.) 2 March 20,2013 A. Kenneth A. Corr—Waiver of Examination(s) Kenneth A. Corr: • Returned to Florida after a 3-year absence • Continued working in the trade in New Hampshire (2010—2012) and maintained his Continuing Education requirements during that time • Has petitioned the Board to reinstate his license in Collier County • Obtained his Journeyman's license in 1993 and became a Master Electrician in 1996 • Passed the Master Electrical Contractors exam and the business procedures test in 2002 • Was licensed in Collier County from 2002 through 2009 • His license in New Hampshire is current Michael Ossorio provided the following information: • Mr. Corr's Certificate of Competency expired in 2009 • Maintained his registration with the State of Florida • Has requested to waive the exams • He is required to obtain Workers' Comp insurance since he will be a sole proprietor and will not be exempt Mr. Corr confirmed he obtained a Worker's Compensation policy as well as full liability insurance coverage. Mr. Ossorio stated the County recommended that the Board grant his application to waive the requirement to re-take the exams. Thomas Lykos noted Mr. Corr had asked the Board to waive the requirement to take the Business Procedures test and the specific trade exam. Thomas Lykos moved to approve waiving the requirement to take the Business Procedures test and the electrical exam. Second by Ronald Donino. Carried unanimously, 9—0. B. Seth Hollander—Waiver of Examination(s) (Hollander Construction Company, Inc., d/b/a: SML Striping and& Signage) Seth Hollander: • Allowed his license to lapse in 2010 due to the down-turn in the economy • Petitioned to reinstate his license Michael Ossorio: • Mr. Hollender applied to reinstate two Certificates of Competency, i.e., for excavating and for sealing/striping. • There are two test requirements, i.e., Business Procedures test and the exam for excavating. 3 March 20,2013 Chairman Joslin questioned the Applicant concerning his future plans under his licenses. Seth Hollander replied civil site development under the excavating license, and he would continue the sealing and striping business. Mr. Hollander stated he had been employed by South Florida Excavation from 2004 through 2008. • "General Operations"—all phases of the business and operation of all equipment Michael Ossorio explained the Applicant had been licensed as an excavator since 2007. The licensed was allowed to lapse in 2010. The Applicant falls under the "renewal" category and is required to take the exams. He stated the Applicant was to explain what he had been doing in the trade since his license lapsed. Chairman Joslin noted the Applicant had been an Engineering student at Florida Gulf Coast University ("FCGU")and gained on-site experience. Seth Hollander stated from 2010 through 2011, he did not work. From 2011 through 2013,he was employed by Commercial Concrete. He performed whatever tasks he was assigned and did striping work, as necessary, for Commercial Concrete. Thomas Lykos noted the Board was trying to ascertain if Mr. Hollender continued to work within the trade during the time his license had lapsed in order to determine whether or not to waive the testing requirement. He asked the Applicant to provide specific responses. Mr. Hollander detailed his experience: • Footers- footer excavation • Grading for slabs • Arthrex project—building out at Ava Maria for Commercial Concrete o Ran crews of up to 15 Mr. Lykos noted the application outlined Mr. Hollander's experience: • from 2006 to the present—employed by Hollender Construction • from 2008 to the present—employed by SNL Striping and Signage • the commercial construction experience was not listed Seth Hollander stated it was an oversight and that he was still employed by Commercial Concrete. Chairman Joslin requested an explanation of the items on the credit report that had not been satisfied and the reasons. The Applicant stated he was not paid for three jobs at the end 2010 and was owed approximately$250,000. He was financially unable to pay a vendor. He returned the equipment(tractors,trucks, etc.). He also filed liens to recover the monies owed to the subcontractors. He noted the company was a local firm. Mr. Hollander explained if his licenses are reinstated, he can work and continue to pay on the judgment. He has made payments as his finances have allowed. 4 March 20,2013 Michael Ossorio stated the Board could waive the testing requirement for excavation but, due to the credit issues, could require the Applicant to take the Business Procedures test within three months. There were no complaints filed concerning the Applicant's excavating workmanship while he was licensed. The trade test has not changed. Chairman Joslin suggested the Applicant could be placed on probation for a short period of time to ensure that payments would be made against the judgment. Vice Chairman White concurred. He stated his concern was not as much about the business mechanics as the credit report and supported imposing a six month probationary period during which time the Board expected to see improvement. Vice Chairman White moved to approve waiving the requirement to take the trades tests for excavation and striping as well as the Business Procedures exam for each but placing the Applicant on probation for a period of six months. At the conclusion of the probationary period, the Applicant is to appear before the Board to present current personal and business credit reports for review. Second by Jon D'alker. Carried unanimously, 9—0. Thomas Lykos advised the Applicant to purchase a thorough credit report to present to the Board at the end of the probationary period. Vice Chairman White suggested two credit reporting services ("Experian" and "Trans-Union")provided the information required by the Board. OLD BUSINESS: A. Orders of the Board Thomas Lykos moved to approve authorizing the Chairman to sign the Orders of the Board Second by Kyle Lantz. Carried unanimously, 9—0. VIII. PUBLIC HEARINGS: A. Case#2013-05: BCC vs. Irene Lee, d/b/a "IJ Remodeling,Inc." Chairman Joslin outlined the manner in which the Public Hearing will be conducted: • Hearings will be conducted pursuant to the procedures contained in Collier County Ordinance#90-105, as amended, and Florida Statutes, Title XXXII, "Regulation of Professions and Occupations, " Chapter 489. • The Hearings are quasi-judicial in nature. • Formal "Rules of Evidence"shall not apply. • Fundamental fairness and due process shall be observed and shall govern the proceedings. • Irrelevant, immaterial, or cumulative evidence shall be excluded. • All other evidence of the type commonly relied upon by reasonably prudent persons shall be admissible, whether or not such evidence would be admissible in a trial in the Courts of the State of Florida. 5 March 20,2013 • Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be deemed sufficient by itself to support a Finding, unless such hearsay would be admissible over objection in a civil action in Court. • The "Rules of Privilege" shall be effective to the same extent that such Rules are now, or hereafter may be, recognized in civil actions. • Any member of the Contractors' Licensing Board may question any witness before the Board. • Each party to the proceedings shall have the right to call and examine witnesses,to introduce Exhibits,to cross-examine witnesses,to impeach any witness regardless of which party called the witness to testify, and to rebut any evidence presented against the party. • The Chairperson or, in his/her absence,the Vice Chair, shall have all powers necessary to conduct the proceedings at the Hearing in a full, fair, and impartial manner, and to preserve order and decorum. • The general process of the Hearing is for the County to present an Opening Statement to set forth the charges and, in general terms,how the County 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 as described previously, 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. • 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: o Whether the Respondent is guilty of the offense as charged in the Administrative Complaint. A vote will be taken on the matter. o If the Respondent is found guilty,the Board must decide the sanctions to be imposed. 6 March 20,2013 • 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. • After the matters are decided, the Chair/Vice Chair will read a Summary of the Order to be issued by the Board. The Summary is a basic outline of the Order and may not reflect the same language contained in the Final Order. • The Final Order will include complete details as required under State laws and procedures. Ian Jackson,Licensing Compliance Officer, requested to have the information packet placed into evidence. Vice Chairman White moved to approve entering Case No. 2013-05, Collier County Board of County Commissioners vs. Irene Lee, d/b/a "I JRemodeling, Inc.,"License Number 33229, consisting of the Administrative Complaint and Exhibits into evidence. Second by Kyle Lantz. Carried unanimously, 9—0. The information packet was entered into evidence as County's Exhibit "A." Ian Jackson presented the County's Opening Statement: • The County was prepared to show Ms. Lee violated Ordinance#90-105, as amended, Section 22.201(6), by violating Florida State Insurance Statute 440.10(1)(a)by not providing Workers' Compensation coverage to her employees, Edwin Pineda and Domingo Lux, on February 22, 2013. He noted Ms. Lee had provided a statement to be distributed to the Board which was not listed in the Table of Contents because it was not part of the information packet provided to the Board by the County. Vice Chairman White moved to approve entering the statement(not dated) provided by the Respondent into evidence as Respondent's Exhibit "1." Second by Thomas Lykos. Carried unanimously, 9—0. Respondent's Opening Statement: • Ms. Lee admitted guilt and that she was"taking steps." • She stated, "This will never happen again." • She was not contesting the Citation. • She confirmed the company had received two previous Citations for the same offense. Terry Jerulle asked the Respondent if she understood she had the opportunity to be represented by an attorney but chose not to, and the response was, "Yes." County's Case in Chief: Ian Jackson referenced County's Exhibit"E-2"entitled Code Case Details. 7 March 20,2013 February 22, 2013: • On-site inspection of new home construction located at 1266 Gordon River Trail. Builder/Permit Holder: Vincent Borelli, Borelli Construction of Naples, Inc. o Borelli subcontracted the flooring installation to Taylor Carpet One o Taylor Carpet One subcontracted the carpet installation to I J Remodeling, Inc. o Irene Lee is the qualifier of IJ Remodeling, Inc. (flooring certificate) • Present at the site: Yong Lee,Edwin Pineda,Domingo Lux • Yong Lee stated he was a subcontractor of Taylor Carpet One and identified the two men as employees of Taylor Carpet One • Representatives for Taylor Carpet One claimed that no payroll employees were at the site • Workers Compensation coverage: exemptions for Yong Lee and Irene Lee but no coverage for additional workers • Research was conducted: o Citation#5563 was issued on 05-27-2010 to Irene I,ee • Violation: no Workers Compensation coverage for employees, Domingo Lux was one of the employees o Citation#5987 was issued on 01-13-2011 to Irene Lee • Violation: no Workers Compensation coverage for employee, Edwin Pincda o The fines for each Citation had bccn paid in full. • A"Stop Work"Order was issued. February 25,2013: • Irene Lee was contacted and informed of the violation. • She was advised a hearing would be scheduled for March 20,2013. February 26,2013: • Notice of Hearing was sent, via certified mail delivery,to 3186 Antica Street. Fort Myers,Florida 33905 • Proof of delivery on March 1, 2013 was provided by the U.S. Postal Service Mr. Jackson noted the"Stop Work"Order had been lifted. Respondent's Case in Chief. Ms. Lee stated: • She had been out of town when the"Stop Work" Order was issued • Workers' Compensation coverage has been obtained for I J Remodeling, Inc. o The Workers Compensation office imposed a penalty and a down payment of 10%was paid o Have been cleared to resume work by the State of Florida • Will be using"Labor Finders"to purchase Workers Compensation coverage on a weekly basis for employees 8 March 20,2013 She further stated Yong Lee did not understand the Investigator's question due to a language barrier and did not intend to incorrectly identify the employees, Edwin Pineda and Domingo Lux. Michael Ossorio requested the total amount of the penalty. Irene Lee stated it was $18,453.87. The down-payment was paid on March 5th and monthly installment payments will be made for the next five years until the full amount of the fine is satisfied. (The proceedings were paused while the company's Bookkeeper produced confirmation of the monthly installment payment,i.e., $276.80.) Ms. Lee confirmed the company employs two individuals, Edwin Pineda and Domingo Lux, on an"as needed"basis. It was noted if a payment is not made, a"Stop Work"Order would be issued and would applicable to the entire State of Florida. Chairman Joslin explained the offense of not providing Workers Compensation insurance coverage for employees is one of the most serious offenses an employer can commit. He expressed concern that the offense had been repeated three times. Thomas Lykos noted both Edwin Pineda and Domingo Lux had worked for I J Remodeling for the past three years as needed without Workers' Compensation coverage. Vice Chairman White confirmed as part of the penalty imposed by the Workers Compensation Office, I J Remodeling was prohibited from employing either Edwin Pineda or Domingo Lux in the future. Irene Lee stated a completely new crew was hired. Mr. White expressed concern that, due to the failure of I J Remodeling,Inc. to follow the law,the two men lost their jobs. He stated, "You,in a sense, caused them harm by not operating your business under the law." He further stated the degree of irresponsibility on the part of I J Remodeling was very serious and demonstrated that the management of the business was not what it should be. Ms.Lee stated she had been previously unaware of the existence of Labor Finders until the Workers Compensation Office explained the option was available. Mr. White asked why she didn't investigate other possibilities two years ago to avoid incurring the same violation in the future. He stated by not obtaining proper insurance coverage, she put the risk on the shoulders of her competition and found it was not the type of conduct expected of a business owner. Terry Jerulle asked Ms. Lee when she took the Business Procedures test and her response was, "Four or five years ago." He noted the individuals supplied by Labor Finders are not skilled workers and she must now train them to perform job that requires skilled laborers. 9 March 20,2013 Ms. Lee confirmed if the individuals obtained through Labor Finders remain with the company for a minimum of a month, she will hire them permanently and provide Workers Compensation coverage through a private insurance company. Kyle Lantz noted Ms. Lee could provide her own workers and Labors Finders would insure them for as long as necessary to complete a job. Thomas Lykos stated part of the Board's role was to bring violators into compliance. He further stated when a license is issued,the owner should know exactly what the requirements are to operate the business within the laws of the community. It should not have taken three Citations to be issued and placing people at risk for injury before Ms. Lee explored her options. He questioned if Ms. Lee's company had not been "caught,"how much longer would the practice of not providing insurance coverage to workers have continued. Ian Jackson stated the County would not be presented a Closing Statement. Ms. Lee reiterated that Labor Finders would provide Workers Compensation insurance until she hired a permanent crew and would then provide coverage through an insurance company. Chairman Joslin moved to approve closing the Public Hearing. Second by Vice Chairman White. Carried unanimously, 9—0. Attorney Morey outlined the Charge to the Board: • 'I'he Board shall ascertain in its deliberations that fundamental fairness and due process were accorded to the Respondent • Pursuant to Section 22-203(g) (5) of the Codified Ordinance,the formal Rules of Evidence set out in Florida Statutes shall not apply. • The Board shall consider solely the evidence presented at the Hearing in its deliberation of the matter. • The Board shall exclude from its deliberations irrelevant,immaterial and cumulative testimony. • The Board shall admit and consider all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs, whether or not the evidence so admitted would be admissible in a Court of Law or Equity. • Hearsay evidence may be used to explain or supplement any other evidence but hearsay by itself is not be sufficient to support a Finding,unless such hearsay would be admissible over objection in a civil action in Court. • The Standard of Proof in actions where a Respondent may lose his/her privileges to practice his/her profession is that the evidence presented by the Complainant must prove the Complainant's case in a clear and convincing manner. • The Burden of Proof on the Complainant is a larger burden than the "Preponderance of Evidence" Standard set in civil cases. 10 March 20,2013 • The Standard of Evidence is to be weighed solely as to the charges set out in the Complaint. • The only charges the Board may decide upon are the ones to which the Respondent has had an opportunity to prepare a defense. • The damages awarded by the Board must be directly related to the charges. • The decision made by the Board shall be stated orally at the Hearing and is effective upon being read, unless the Board orders otherwise. • The Respondent, if found guilty,has certain appeal rights to the Contractors' Licensing Board,the Courts, and the State Construction Industry Licensing Board ("CILB"), if applicable,pursuant to Florida Statutes and the Florida Administrative Code. • The Board shall vote upon the evidence presented in all areas and if the Respondent is found in violation, shall adopt the Administrative Complaint. • The Board shall also make Findings of Fact and Conclusions of Law in support of the charges set out in the Complaint. Deliberation: Thomas Lykos noted Phase I was"finding of guilt"and stated the Respondent admitted she was guilty of the violation. Vice Chairman White stated the County's testimony and the packet, was clear and convincing evidence that a violation, as cited, occurred. Chairman Joslin read Count I from the Complaint: "Disregards or violates in the performance of his/her contracting business in the County,any of the building, safety, health, insurance or Workers' Compensation laws of the State or Ordinances of the County." Thomas Lykos moved to approve finding the Respondent,Irene Lee,guilty of Count I of the Complaint. Second by Ronald Domino. Carried unanimously, 9—0. Attorney Morey noted when a County Contractor has been found to be guilty of misconduct under Section 22-203 of the Ordinance,the Contractors' Licensing Board may impose any of the following Sanctions: (1) Revocation of the Collier County(or City) Certificate of Competency, (2) Suspension of the Collier County(or City) Certificate of Competency, (3) Denial of the issuance or renewal of the Collier County(or City) Certificate of Competency, (4) Imposition of a period of probation of reasonable length,not to exceed two years, during which the Contractor's contracting activities shall be under the supervision of the Contractors' Licensing Board. (5) Participation in a duly-accredited program of continuing education directly related to the Contractor's contracting activity or other reasonable restrictions during the probationary period. (6) Imposition of a fine, not to exceed $5,000. 11 March 20,2013 (7) Restitution. (8) Public reprimand. (9) Imposition of a re-examination requirement. (10) Denial of the issuance of Collier County or City building permits or requiring the issuance of such permits with specific conditions. (11) Imposition of reasonable investigative costs incurred by the County for the prosecution of the violation. Attorney Morey further advised the Board that, when imposing any of the possible Disciplinary Sanctions on a Contractor holding a Certificate of Competency who has been found to have violated the Ordinance,the Contractors' Licensing Board shall consider the following: (1) The gravity of the violation; (2) The impact of the violation on public Health/Safety or Welfare; (3) Any actions taken by the violator to correct the violation(s); (4) Any previous violations committed by the violator, and (5) Any other evidence presented at the Hearing by the parties relevant as to the Sanction which is appropriate for the case given the nature of the violation(s) or the violator. Comments: Kyle Lantz noted his payroll includes himself and one employee. The cost for Workers' Compensation insurance coverage for a two-week period was $223.32. Over the past three years, he has paid approximately$17, 419.00 which I J Remodeling has not paid. He considered the fine imposed by the Workers' Compensation Office ($18,453.00)to be back taxes. The fines imposed for the two previous Citations ($250 each)was the cost of doing business. He stated if he could work for a year and only pay$250 for Workers Comp coverage, he would be a rich man. The $18,453 should have been paid over the past three years. He concluded by stating he would support the imposition of a fine by the Board. Vice Chairman White stated whether due to a lack of knowledge or intent,the Respondent did not demonstrate appropriate business management experience. He supported imposing: • the maximum probationary period permitted, • a requirement to complete and pass the Business Procedures exam within a reasonable period of time, and • the maximum fine allowed. He further stated if there was a repeat violation,the Respondent's license should be immediately revoked upon a finding of violation. Thomas Lykos: • Two employees lost their jobs, • Entities (the Contractor and the subcontractor)had been put at risk, • The license holder appeared unprepared for the hearing, 12 March 20,2013 • The Respondent lacked an understanding of her responsibilities as a Qualifier and was not aware of the Company's responsibilities to the employees as well as to the community, • There is a history of previous violations, • No harm was done to anyone. He supported suspending Ms. Lee's license until the existing penalty imposed by the Workers' Compensation Office was paid in full. He stated the Respondent must be made to suffer the consequences of her actions before she understands the gravity of the situation. Paying the down payment and the monthly installment is the cost of doing business. If the company was prevented from conducting business until the State's penalty was paid, it would impact their actions in the future. Michael Ossorio confirmed the investigative costs totaled $525.00. Vice Chairman White stated because no evidence harm was presented, he suggested imposing a fine of$5,525.00 to be paid within 90 days or the license would be suspended. He noted the State was comfortable putting the company on probation via a payment plan for five years in order to pay the fine. If the license is revoked,the company will be unable to earn the money to pay the fine. Chairman Joslin stated the Business Procedures exam should be taken and passed within thirty days. Mr. White also supported providing notice to the community of the violation and the resulting sanctions. Michael Boyd stated he pays approximately$5,000 per month for Workers' Compensation insurance and supported revoking Ms. Lee's license. If the State had not become involved and the company received another$300 fine from the County, the situation would have continued. "The State shut them down and got their attention." The $18,000 was not a real penalty—it was the cost that should have been paid for the past three years. He stated it would be difficult to support a motion that did not revoke the license. Kyle Lantz asked the Respondent if she dealt directly with consumers. Irene Lee stated the company is a subcontractor for Taylor Carpet who provides the majority of her company's work. Chairman Joslin asked if the standard practice for a Contractor was to maintain certificates of insurance on file for its subcontractors. Taylor Carpet should have known that I J Remodeling did not have Workers' Compensation insurance coverage for its employees. He did not understand how Taylor allowed I J Remodeling to work on a job site. He stated aiding or abetting an unlicensed contractor was a serious violation. Thomas Lykos reminded the Board that I J Remodeling had an unfair advantage against its competitors when bidding for a job since it did not have the expense of 13 March 20,2013 Workers' Compensation insurance premiums. It also allowed Taylor One to operate at a lower cost against its competitors. The unfair competition went all the way up to Borelli Construction because its flooring contractor operated outside the law. He asked what kind of message did the Board want to send to the business community. Vice Chairman White suggested a compromise: • To suspend Ms. Lee's license until the Business Procedures exam is passed and any fine imposed by the Board is paid. • The probationary period would continue for two years with the understanding that another violation would result in an immediate suspension of the license until a hearing was scheduled before the Board. • The Board would determine at such a hearing whether or not to revoke the license. • If Ms. Lee chose not to take the exam or pay the fine,the suspension would become an immediate revocation. Chairman Joslin stated the Respondent must provide proof that Workers' Compensation insurance coverage had been obtained from an insurance company, and not from Labor Finders, as part of the sanctions. Michael Boyd noted the Respondent stated she took the Business Procedures exam three or four years ago—he stated the first violation occurred three years ago. He further stated the Board could revoke the company's license to conduct business within Collier County. Thomas Lykos reminded the Board that it was not obligated to ensure the company was able to make a living or pay the fine imposed by the State. Jon Walker stated the first offense may have been due to a lack of knowledge,the second time—he gave her the benefit of the doubt—but the third offense was a willful violation. It should have been understood from the first and second offenses that Workers' Compensation coverage was required. The third violation was due to a conscious decision to cut corners. He further stated he was not sure if he could support revocation. He questioned whether the company could move forward. He was not comfortable with the company's plan to obtain unskilled labor from Labor Finders and training them in the hope the employees would remain before committing to obtaining Workers' Compensation insurance coverage. Michael Ossorio stated Staff would not offer an opinion to the Board but only requested reimbursement of the investigative costs. Robert Meister stated he was torn between revocation and the fact that the company would not be able to make the money necessary to pay the fines or secure Workers' Compensation insurance coverage. He supported Vice Chairman White's proposed compromise. 14 March 20,2013 Vice Chairman White noted that as part of the sanctions,the company is to be supervised by the Contractors' Licensing Office. Before the company will be allowed to accept a job, Ms. Lee must report the potential opportunity and provide proof to Mr. Ossorio that proper coverage has been obtained for the company's employees. If Labor Finders is used to provide workers, Labor Finders will provide the required proof. Kyle Lantz moved to approve: • Suspending Ms. Lee's license until the Business Procedures test is passed; • Imposing a fine of$5,000 to be paid in equal installments of$1,000 per month; • If a payment is not made,Ms. Lee's license will be immediately suspended until she appears before the Board; • Reimbursement to the County of$525 for investigative costs to be paid before Ms. Lee's license is reinstated; • Probation for a period of two years during which time Ms. Lee is to report all potential job opportunities to the Contractors'Licensing office on a weekly basis; • If the Contractors'Licensing Supervisor finds any issues or if any of the conditions are not met,Ms. Lee's license will be immediately suspended. Second by Vice Chairman White. Michael Ossorio requested clarification: • Ms. Lee's Certificate would be suspended as of March 20, 2013 pending the passing of the Business Procedures test; • A fine of$5,000 to be paid within 5 months ($1,000 per month); • Reimbursement of$525 to the County for investigative costs prior to activating her license after passing the Business Procedures test; • A two—year probationary period is imposed with weekly notification to the Contractors' Licensing Office; • If the conditions are not met, Ms. Lee's license will be automatically suspended until she appears before the Board. Mr. Lantz clarified: • Ms. Lee's license will be suspended until she passes the test and pays the $525 to the County. • The first installment payment of the$5,000 fine will be due thirty days after the she passes the test and reimburses the County. • If the second payment is missed, Ms. Lee's license is automatically suspended until she appears before the Board. Attorney Morey stated if a Respondent was on suspension,revocation would not be automatic until the Respondent could appear before the Board. The terms of probation permit the Respondent to return to the Board for a hearing on further action. Mr. Lykos expressed his concern that the punishment was being"watered down." 15 March 20,2013 Attorney Morey cautioned the Motion must be properly worded and not tie in suspension and revocation with the probationary period. It must be a separate part of the Board's Order. Chairman Joslin reiterated: • Testing within 30 days; • Payment to the County of$525 in 30 days; • Payment of$5,000 in 30 days; • Probation of two years; • If all conditions are not met, the license is suspended. Terry Jerulle suggested the Respondent should be on suspension until the test is passed and all fees are paid. Vice Chairman White withdrew his second in support of the initial motion made by Mr. Lantz. Kyle Lantz withdrew his motion. Thomas Lykos suggested revising the motion to require the Respondent to appear before the Board after the criteria have been met. At the hearing,the Board will decide whether or not to impose a probationary period. Attorney Morey clarified automatic revocation could not be tied in with the probationary period. He stated if the Respondent passes the test,pays the $525 and the $5,000,the suspension will be lifted. Then a probationary period will be imposed. If a violation occurs while on probation,the license will be automatically revoked. Vice Chairman White moved to approve: • Immediate suspension of the Respondent's license; • Within 30 days, the Respondent is required to take/pass the Business Procedures test,pay a fine of$5,000, and reimburse the County in the sum of$525 for investigative costs; • If the three conditions are not met, the Respondent's license will be revoked. • If the conditions are met, a two-year probationary period would begin requiring weekly reporting of all jobs to the Contractors'Licensing Office. • If the reporting requirement is not met, the license will be immediately suspended pending a hearing before the Board. • A public reprimand will be issued within 30 days. Second by Kyle Lantz. Motion carried, 8— "Yes,"/1— "No." Mr. Boyd was opposed. Ms. Lee asked if she did not pass the exam within 30 days,her license would be revoked and the response was"Yes." Vice Chairman White explained to the Respondent that she must also pay the fines within 30 days. She will then be on probation for a period of two years and must report all jobs to the Contractors' Licensing Office on a weekly basis. If she does 16 March 20,2013 not report to Mr. Ossorio,her license will be immediately suspended and she will be required to appear before the Board. Ms. Lee requested clarification regarding the requirement to obtain Workers' Compensation insurance coverage. Vice Chairman White stated she could use the labor pool of her choice because coverage would be provided by the company or if she had employees on a job, she was to prove to the County that she had obtained coverage through an insurance company. Chairman Joslin stated Ms. Lee could still use Labor Finders until she hired permanent employees. He further stated Mr. Ossorio could advise her concerning where and when the test is offered. Vice Chairman White commended the Respondent on her honesty and candor during the hearing. Attorney Morey advised the Board he would draft an abbreviated Order and Findings of Fact for future meetings. Chairman Joslin outlined the Board's Order: • This cause came on for public hearing before the Contractors' Licensing Board on March 20, 2013 for consideration of the Administrative Complaint in Case#2013-05 filed against Irene Lee, d/b/a"I J Remodeling, Inc.,"the holder of record of Collier County Certificate of Competency Number 33229. • 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, and thereupon issued its Findings of Facts and Conclusions of Law as follows. FindinLs of Fact: • Irene Lee, d/b/a"I J Remodeling, Inc.,"the holder of record of Collier County Certificate of Competency Number 33229. • The Board of County Commissioners, Collier County, Florida, Contractors' Licensing Board is the Petitioner(Complainant) in this matter. • The Board has jurisdiction of the person of the Respondent. • Respondent, Irene Lee, was present at the Public Hearing but was not represented by Counsel at the Hearing held on March 20,2013. • The Respondent had been properly noticed concerning the Hearing. • All notices required by Collier County Ordinance 90-105, as amended, had been properly issued and were personally delivered. • The Respondent acted in a manner that is in violation of Collier County Ordinances and is the one who committed the act. • The allegations of fact as set forth in Administrative Complaint as to: 17 March 20,2013 o Count 1, under Section 22-201 (6): "Disregards or violates, in the performance of his/her contracting business in the County, any of the building, safety, health, insurance, or Workers'Compensation laws of the State or Ordinances of the County" has been found to be supported by the evidence presented at the Hearing. Conclusions of Law: • The Conclusions of Law alleged and set forth in the Administrative Complaint as to Count 1 has been approved, adopted and incorporated herein,to wit: "The Respondent violated Section 22-201(6) of Collier County Ordinance 90-105, as amended, in the performance of her contracting business in Collier County by acting in violation of the Section set out in the Administrative Complaint with particularity." 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 in Collier County Ordinance 90-105, as amended,by a vote of nine(9) in favor and none (0)in opposition, 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 eight(8) in favor, and one (1) in opposition, a majority vote of the Board members present, that the following disciplinary sanctions and related Order are hereby imposed upon the holder of Collier County Certificate of Competency #33229,to wit: o Immediate suspension of the Respondent's license; o Within 30 days,the Respondent is required to take/pass the Business Procedures test,pay a fine of$5,000, and reimburse the County in the sum of$525 for investigative costs; o If the three conditions are not met,the Respondent's license will be revoked; o If the conditions are met, a two-year probationary period would begin requiring weekly reporting of all jobs to the Contractors' Licensing Office; o If the reporting requirement is not met,the license will be immediately suspended pending a hearing before the Board; o A public reprimand will be issued within 30 days of the Hearing. Ms. Lee was advised to contact Mr. Ossorio to regarding the appointment schedule. Chairman Joslin noted the case was closed. IX. REPORTS: (None) 18 March 20,2013 X. MEMBER COMMENTS: (None) XI. NEXT MEETING DATE: Wednesday, April 17, 2013 Board of County Commissioners' Chambers, 3rd Floor—Administrative Building"F," 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 11:02 AM. COLLIER COUNTY CONTRACTORS LICENSING BOARD Richard Joslin, Chairman The Minutes were approved by the Vice Chairman on , 2013, "as submitted" [ 1 OR "as amended" [ j. 19 American Pool and Fountain Service, Inc Joseph Epifanio 4415 13th Ave SW Naples,FL 34116 To whom it may concern: I am coming before the board in hope of an approval to continue my career in the pool service business by waiving my need to re-examine. Several years ago I had slipped and fell, causing chronic back pain and I have been under the care of Dr. Alex Owens ever since. The pain is so intolerable at times I cannot stand, and other times I cannot seat. It has been a long road to recovery thus causing me significant pain and financial stress. During the whole time I have kept my faith and tried to keep a positive outlook on the future. I have continued to pay all my medical bills in full and managed to stay in good standing with all credit bureaus. But pain or not I must get back to work. Today I am asking the board to give me the chance to do this. I need to earn a living to provide for my family and offering a superior service in the community would allow me to do this. Thanks for your consideration, Sincerely, % ■ I Joseph Epifw o hi‘ GMD Operations & Regulatory Management Licensing Section 2800 North Horseshoe Drive r / 04 Naples, FL 34104 APPLICATION FOR COLLIER COUNTY/CITY OF NAPLES/CITY OF MARCO FIRM INSTRUCTIONS: This application must be typewritten or legibly printed. The application fee must accompany this application. The fee is not refundable after the application has been accepted and entered on the records. All checks should be made payable to the Board of Collier County Commissioners. For further information, consult Collier County Ordinance No. 90-105, as amended. NAME OF COMPANY: Exact Corporate/Business Name:(f/?'1&21C4A,J Pod I j Cr,e✓r1 11-0-0/.1 /l) „St)?VI et, Fiction Name/DBA: Qualifier Name: V 6 S js I. PAPA nl/.0 Physical Address: 1A/7r 1 - /71'e Ski /v p i r/l� !�/(NJumber 86 Syeet) (City) (State) (Zip Code) Mailing Address: ` <` - /3 Aire / 414/11 L 110 (Number 86 Street) (City) (State) (Zip Code) p Telephone: 3 ) `Po) 6/6/ E-Mail: ✓UG? jee ( ir',St:4 f/a `_ CAM i TYPE OF LICENSE: ❑ General $230.0 ❑ Elect'kiwi $230.00 ❑ Building $230.00 ❑ Plumber $230.00 ❑ Residential $230.00 ❑ Air Cond. $230.00 ❑ Mechanical $230.00 Swimming Pool $230.00 ❑ Roofing $230.00 ❑ Specialty $205.00 Specialty trade: CHANGE OF STATUS: REINSTATEMENT FEE $230.00 Reinstatement (°,f From One Business to Another RENEWAL FEE X s (2)$145.00 11N2-,2„3 LATE FEE OCT/NOV/DEC X's (2)$60.00 „/,2-121,3 Page 1 of 4 NEW LICENSE FEE $230.00 _�_ f 1. Thej ames, titles, home address and phone numbers of all Officers/Managing Members of the Firm. . -s' .9 etit',/ vf 77)- 6-6-6A/th [Nis- a/-4- nve sa,/ ,47,vo il "W(t 1)-770 `I Dim /,1 rice i / O, A ?57 LW / / / 1W74 / 2. List all businesses, firms, entities or contracting businesses you have been associated with during the last ten years (ex. Held a license for or been a parttnne�r). Attach extra p es if needed. S'e,,,, il / re,-ex.;--/ 14/46,,, -0, g/1°, —i):A./ X'til) 3. List all debts you or any company(s) associated with you refused to pay and the reasons for the refusal to pay. Attach extra pages if needed. �/ i�/v AFFIDAVIT I, J ��' /fr''`'a certify that the foregoing is true a All orrect to the best of my k ►wledge. All hwom Athoriz-d Offic-'of the " •l '''' STATE OF FLORIQQ COUNTY OF e--11//".-l-L The foregoing instrument as acknowledged before me this 3-2-/3 (Date) gl 4i/ ` L`� of g P�lGi�w �� fQ�ud l et' J �"��ca B y (Name of officer, title/agent) (Name of Corporation) C-7,/i/2/6e4;a Corporation on behalf of the corporation. (State or Place of Corporation) He/She has produced 041411- (--/C e"'f z identification and did not take an oath. (Type of identification) NOTARY'S SEAL /r\DAWN M.CSOGI �`5 • MY COMMISSION#DD 875810 (SIF NARY) "�r EXPIRES:April 9,2013 4 v;Q Bonded Thru Notary Public Underwriters Page 2 of 4 QUALIFIER INFORMATION: Name: J O/ (x, C/o 1ThNiO Address: LiLl(c 6 3'4 MUt -CU) Y J v'4p4.5 FC- r/(�p (Number& Street) (City) (State) 0 (Zip Code) Telephone: 9' 3 9-2 '( ( ( Date of Birth: //` d� /'(0 S.S. #: 000-00- - E-Mail: 3U @ Reel/ To CD 17-1 Driver's License: C 1, Type of Certificate of Competency for which application is made. 2. The names and telephone numbers of two persons who will know your whereabouts. veAt)pdn f 0- 39 - 56,5- 9-3a6 Cizcivve_i 3 3 -0e-tio 3. Have you ever been convicted of a crime related to Contracting? (If yes attach extra sheet with explanation) 7. Have you or any firms you have been associated with ever filed bankruptcy? A70 8. List all debts you or any company(s) associated with you refused or failed to pay and reasons why. /7/0 4/e_, 9. List your business or work experience during the past ten years. Rec r • � Vez at-1/0 / 7 Sefra//Ci c o dye 10. Statement of any formal training you have had in the area lot which the application is made. ita A c 4.4 F€:( 4 4'e 036-6 7Eksz. <Sef e Coon-1 e, m y Co ?eri-j e e '' J1-2.-e4:t4") 77f c fl v /At_ Page 3 of 4 AFFIDAVIT The undersigned hereby makes application for Certificate of Competency under the provisions of Collier County Ordinance No. 2006-46, as amended, and vouches for the truth and accuracy of all statements and answers herein contained. The undersigned hereby certifies that he will act only for himself or that he is legally qualified to act on behalf of the business organization sought to be certified in all matters connected with its contracting business and that he has full authority to supervise construction undertaken by himself or such business or organization and that he will continue during this registration to be able to so bind said business organization. The qualifier license holder understands that in all contracting matters, he will be held strictly accountable for any and all activities involving his license. Any willful falsification on any information contained herein is grounds for disqualification. 5 Lia& C (1wi APPLICANT (Please Ptint) nle,,e./c h fit)(4rvv wv4/4)kw;E:c -rrvG 11 • 0 E OF COMPANY ice.' Id - TURE OF APP IC I STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this — ?-13 J (Date) by 0 I. 2 i ..1'G..17 who has produced bit (i Ct l S=L (nam'e of person acknowledging) (Type of identification) as identification and who did not take an oath. \ ii SIGN TURE OF e AR NOTARY'S SEAL D IA-t ) vii` (! o(,c (PRINT NAME OF NOTARY PUBLIC) NOTARY PUBLIC r oy AWN M.CSbGI ,i, :a MV COMMON#bD 875810 EXPipES April 9,2013 ii''a'��be Bonded Thru Netdty tjigf iic Underwriters 3 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. A 1 i 4 SIG i 'E APPL' • P� 6-0 surer BUSINESS NAME 13 DATE BEFORE ME this day personally appeared \_.) ose. . ti 0 who affirms and says that he has less than one employee and does not require Workmen's Compensation understands that at any time he employees one or more persons he must obtain said Workmen's Compensation Insurance. STATE OF FLORIDA COUNTY OF The foregoing instrument, was acknowledged before me this l (Date) by )b4-�k tom- v ti who has produced ,1J-( ►ti-ex- �{ On S-P_ (name of person acknowledging) (Type of identification) as identification and who did not take an oath. SI N URE OF N ARY ► ft) M. Csvi NOTARY'S SEAL (P INT NAME OF NOTARY PUBLIC) NOTARY PUBLIC DAWN M.CSOGI MY COMMISSION#DD 87810 EXPIRES'April 9,2013 ^'��d Bonded Thru Notary Public Underwriters 4 • AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER I, RA b64ve-A0gT , am a resident of County, fZa/i) (State) and have resided here for more than five 5 ( )years. During the last five years I have known J v 3 C0/7 /-4121/ applicant). I have had the opportunity to observe his or her business and personal dealings and find him or her to be a person of honesty, integrity and good character. (Signature) � `— (Name) �I DD4e bAVL9ift T • (Address) lb eQK 1 2 ?1, Afl5 FL 3y1O' Telephone) 2.7Y: 2 81'71 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 3- E- I by J 9 lA E� ��a v i O who has produced ��r vX (pate) (name o£person acknowledging) (Type of identification) as identification and who did not take an oath. SIGN7TURE OF •T• • M ( NOTARY'S SEAL (PRINT NAME OF NOT ) NOTARY PUBLIC ��y.•,,,, DAWN M.MOGI �z� r MY COMMISSION#DD 875810 "'�i =_ EXPIRES:April 9,2013 '; i d Bonded Thor Notary Public Underwriters 9 RESOLUTION OF AUTHORIZATON • 4 WHEREAS�e /lf ie Al 1 c, Dunfo,N .SertU ed proposes to (Nanw of Business Entity) engage in contracting as liU� d/Ler �dr✓ in (Type of legal entity:corp.,partnership,etc. Collier County,Florida, according to Collier County Ordinance 2006-46,as amended;and WHEREAS,,el1Ce14) ho1 0.4) :fah`> 7Ncproposes to (Name of Busines ntity) qualify for a Certificate of Competency with tOs ij. t E. {47/1/ G (Naifle of Individual) NOW,THEREFORE,BE IT HEREBY RESOLVED THAT: We the undersigned Da 64 ) of � P � /J f J Sfie,,(Offcers,Owners,Partners) IV')/grr,Oka Qtnl SAG'tes-V — hereby resolve and represent to the Collier County (Name of Business Entity) -t- Contractors'Licensing Board that the qualifying agent, losfeI/ 6g4ivi) ,is active (Name of Individual)._ i r ock, -7 in all matters connected with the contracting business of/I/JAW V..0 d 40/0/re fofv ,and (Nam of 'Bu s Entity) We filrther resolve and represent that TO t"0 C w b is (Names of Individual) legally empowered to act for, 1 f e ntCeq,1' e/c'wi? / v.f M Segfin all matters connected with its (Name of Business Entity) contracting b iness,and1�s thv�j authority to supervise construction undertaken by • (Name of Business Entity) DULY PASSED AND ADOPTED THIS 3 day of ,(9013 (Officers,Partners,Owners-with �I%�T�►_ Designation underneath)i s cv4 6/'!-404/10 Wru :.s• , • ■ i ,/)ai 4(41 ..��"�. ,'3 €`/V t,, s Corporate Seal(if Applicable) Or Notary Public Certificate Savo to and subs bed before me this day of AIt ()( .d. y .. _ 4 tary Public 'ante P ' No . Public Signatur C. r i' sion Number fl - My Commission expires: -G► o1,y`r?y DAWN M.CSOGI A�I MY COMMISSION#DD 875810 .4 EXPIRES:April 9,2013 '• a� � Bonded Thru Notary Public Underwriters COLLIER COUNTY GOV I-ANMEN T COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 N.Horseshoe Dr. • Naples_Florida 34104 • 239-403-2400 • FAX 239-403-2334 MEMORANDUM DATE: November 29,2007 TO: Applicant's FROM: Michael Ossorio,Contractor Licensing Supervisor. CC: Robert Dunn,Collier County Building Director. Alamar Finnegan, Collier County Permitting Supervisor. Robert Zachary, County Attorneys Office. All Contractor Licensing personnel. SUBJECT: Collection of social security numbers. Pursuant to Chapter 119, Florida Statues and Collier County Contractor Licensing Ordinance 2006-46 Sec. 2.1.1, all applicants are required to submit their social security number(SSN) for the following purposes: a) Assess applicant's ability to satisfy creditors by reviewing their credit history. b) Verification of applicant's test scores and information. Our office will only use your SSN noted above for those reasons pursuant to Chapter 119,Florida Statues end as may otherwise be authorized by law. We are fully committed to sate-guarding and protecting your SSN and once collected, will be maintained as ;onfidential and exempt under Chapter 119, Florida Statues. C REDIT CREDIT BUREAU SERVICES,INC. 3503 NORTH DIXIE HIGHWAY CREDIT REPORT B UREAU OAKLAND PARK,FL 33334 File# S ERVICES TEL: - - ' 8866661556617111440401 FAX:954 954-561 567-1400 1 144 ' 1 465454 Date Received Date Issued Requested By Provided For: COLLIER COUNTY CONTRACTOR LICENSING BOARD 3/7/2013 3/7/2013 COLLIER COUNTY 2800 N HORSESHOE DR Loan Type FNMA# Charges NAPLES, FL 34104 $43.00 Sources Reference it GENERAL INFORMATION Borrower Name TUNA FISH SERVICES, INC Social Security No -8939 Age Co-Borrower Name Social Security No Age Current Address 5593 HAMMOCK ISLES DRIVE, NAPLES, FL 34119 Length Previous Address Length Marital Status Dependents BORROWER CO•BORROWER Employer Employer Position Position Since Income Since Income Verified By - Verified By - CREDIT HISTORY DAM C CREDITOR NAME REPORTED DATE BALANCE PAST DUE HISTORICAL STATUS D HIGH CREDIT PRESENT STATUS A ACCOUNT NUMBER DATE LAST OPENED TERMS AMOUNT MOS TIMES PAST DUE ACTIVITY REV 30.I OO.190. T RA D E L IN E S *** NO RECORD FOUND *** " E PUBLIC RECORDS 1 *** NO RECORD FOUND *** I N Q U I R I E S ( LAST 90 DiiA Y S ) .*** NO RECORD FOUND *** REMARKS i [ FLORIDA CERTIFICATE OF INCORPORATION FILED 10/29/2009 DOCUMENT#1P09000089357 'STATUS: ACTIVE j E :PRESIDENT: TINA ARSENEAU ( i I I THE REPORTING BUREAU CERTIFIES THAT PUBLIC RECORDS HAVE BEEN CHECKED IN FEDERAL, ;STATE AND COUNTY RECORDS FOR TAX LIENS, JUDGMENTS, GARNISHMENTS) BANK .UPTCIES, AND OTHER LEGAL INFORMATION. INFORMATION HAS BEEN OBTAINED THROUGHITHE UDSE €OF A QUALIFIED PUBLIC RECORDS REPORTING SERVICE WITH THERESULTSEINDICATE , HEREIN: NONE i NAME OF QUALIFYING CONTRACTOR: TINA ARSENEAU I M I S C E L L A N E O U S I N F O R M A T I O N :Instant View Password: A1-2365705: To verify the authenticity of this credit report, please visit https://cbs.meridianlink.com and click on the Instant View link; Enter report number 465454 and password Al-2365705 to view the report. For any inquiries regarding this report or services provided by CREDIT BUREAU SERVICES,; INC. please contact us at 954-561-1400. D I S C L A I M E R An asterisk (*) following the payment amount indicates the repositories have no payment data and that the amount was automatically calculated as a percentage of the account balance. i ECOA KEY:B=BORROWER;C=CO-BORROWER;S=SHARED;J=JOINT;U=UNDESIGNATED;A=AUTHORIZED USER Theintonnaeon Bhlnished'nre pmseM en irquiyblhe prrpose dereluaGig ae61nAts Ithasheen ebbinedfr thonzsdebned,ebeUe,Ne eceueyolwhich IA ugan®GOn EOesrdgoarentee.Theinquier hesegebetoidenevy eel repvtng breeo to coy tht ge erring corn moused Eeebtoeon,end lhisreporty E l,ederefame upon eel indemnify.Itnut be heldo bUidconhdence 9nd,eo Ieo,eth OteproHSimts of Pubhc Laxbt-5D8.the Fee Credt RepeU,g A,t Repaeng Wean ceShee Oct ae Resideneel Mplgage credl Reporlc meet the deloMedsprenenb d by FNMA.FHMC.FHA,VA 8 ee Fames Renee AArenioeehun. Page 1/2 C REDIT CREDIT BUREAU SERVICES,INC. 3503 NORTH DIXIE HIGHWAY CREDIT REPORT B UREAU OAKLAND PARK,FL 33334 File# TEL: 954-561-1400 • 866-561-1400 S ERVICES FAX: 954-567-1441 • 866-567-1441 465454 Date Received Date Issued Requested By Provided For: COLLIER COUNTY CONTRACTOR LICENSING BOARD 3/7/2013 3/7/2013 COLLIER COUNTY 2800 N HORSESHOE DR Loan Type FNMA# Charges NAPLES, FL 34104 $43.00 Sources Reference# ".,GENERAL INFORMATION"'. Borrower Name TUNA FISH SERVICES, INC Social Security No 8939 Age Co-Borrower Name Social Security No Age Current Address 5593 HAMMOCK ISLES DRIVE, NAPLES, FL 34119 Length Previous Address Length Marital Status Dependents CREDIT HISTORY CREDITOR NAME RE PORE HISTORICAL STATUS C PORTED DATE BALANCE PAST DUE 0 ACCOUNT NUMBER DATE LAST OPENED HIGH CREDIT TERMS AMOUNT MOS TIMES PAST DUE PRESENT STATUS A ACTIVITY REV 30.J50.I90. This is a report containing information supplied by the repositories i8ted above. The merge process is automated and the report may include some duplications and/or omissions- Inquiries' regarding any disputed items should beldirocted to the creditor reporting the item, or to the appropriate repository service center(s) listed below. EXPERIAN TRANSUNION !EQUIFAX 1 PO BOX 2002 PO BOX 1000 jP0 BOX 740256 :ALLEN, TX 75013 CHESTER, PA 19022 'ATLANTA, GA 30374 888-397-3742 800-888-4213 €800-•685-1`111 www-experian-com/reportaccess transunion.com/myoptions 1wwwlequifax.com/fcra I 3 • E t r *** END OF REPORT 3/7/2013 11:59:41 AM *** 1 {{t € ff E E { ttt I ( { E ( 4 I 1, t E E � I i k I EE ECOA KEY: B=BORROWER;C=CO-BORROWER;S=SHARED;J=JOINT;U=UNDESIGNATED;A=AUTHORIZED USER The utlamationislvrishmt n responseto an ingtiy la the purpose derdhwkg teeth risks.It has been obtained from sources deemed mhOAe.the xararydwtOoh Nis aganieetmn does tee poararnee.TleingA has ageed to' eYiey that repwrvg bureaular argdamage arisnglrw miwsedt dremation,and Nis repeat Nmishederefance upon dw indemmiy.Deere behegn erto.o.eenceendcorredesweh Ne prouisbnsd Pudiclewbt-SOt eFeACeedt Reponng Ad.Reponingbureau cenifes Nat ak Resitlw,A Mortgage teethe Repels meet the standards presoibed by FNMA,FHMc.FHA,VAR the Famers Home Adeteretrdion. Page 2/2 C REDIT CREDIT BUREAU SERVICES,INC. 3503 NORTH DIXIE HIGHWAY CREDIT REPORT B UREAU OAKLAND PARK.FL 33334 File# SERVICES TEL: 954-561-1400 ' 866-561-1400 4 FAX: 954-567-1441 866-567-1441 Provided For: Date Received Date Issued Requested By DEPARTMENT OF BUSINESS & PROFESSIONAL REGULb'�ft3F3/2013 2/27/2013 BY MAIL 1 1940 N. MONROE ST Loan Type FNMA# Charges TALLAHASSEE, FL 32399 $41.00 Sources Reference# TU/EF GENERAL INFORMATION:. Borrower Name EPIFANIO, JOSEPH Social Security No .-3302 Age Co-Borrower Name Social Security No Age Current Address 4415 13 AVE SW, NAPLES, FL 34116* Length Previous Address Length Marital Status Dependents CREDIT'HISTORY E DATE C CREDITOR NAME REPORTED DATE BALANCE PAST DUE HISTORICAL STATUS 0 ACCOUNT NUMBER DATE LAST OPENED HIGH CREDIT TERMS AMOUNT MOS TIMES PAST DUE PRESENT STATUS A ACTIVITY REV 30.I fi0.19D. B1 BK OF AMER 106/12 : 11/09 $5000: $01 $01 31 0 0 10 ': CRCDLOST 955 1 05/121 REV: $0 TU (CREDIT CARD STOLEN OR LOST : j I 'BK OF AMER 106/12 11/01 $291231 $0 $01 16 B 0 10 10 ?: CRCDLOST Ot LOST;: FLEXIBLE SPENDING CREDIT CARD B BK OF AMER 102 /12 111/01 1 $291231 $0 $01 4810 10 10 1 CRCDLOST 1 02/12 ; REV: $01 I TU/EF ;CREDIT CARD STOLEN OR LOST;_ FLEXIBLE SPENDING CREDIT CARD • E B BK OF AMER i11/11 11/01 $28580: $01 $01 1210 0 ! 0 : CRCDLOST 1 10/111 REV $0 I TU/EF :CREDIT CARD STOLEN OR LOST;; FLEXIBLE SPENDING CREDIT CARD i B1BK OF AMER 109/10 111/01 1 $285801 $01 $0i 48 10 10 10 ` CRCDLOST :8250 109/101 REV; $01 1 TU :CREDIT CARD STOLEN OR LOST;; FLEXIBLE SPENDING CREDIT CARD 1 1 ,TI BK OF AMER 106/10 12/091 $757411 $01 $0 0610 :0 E0 1 I1 : 06/10 : INST 144 $0 I ! TU/EF :CLOSED; RECREATIONAL MERCHANDISE 1 , • B1 CHASE 1 04/09 1 12/06 1 $300000: $0 $01 28 :0 10 €0 I Ml CONVENTIONAL REAL ESTATE MORTGAGE;; COLLATERAL: FRD407608680; 'REDDIE MAC ACCOUNT ! I •BI CHASE MORT 1 12/06 1 02/03 ' $2170001 $01 $01 46 10 10 : 0 1 Ml 11533612853 1 12 06 MTG1360 / $0: i TU/EF CLOSED; CONVENTIONAL: REAL ESTATE MORTGAGE:1 FANNIE MAE ACCOUIIT 1 B'CITI 112/07 1 09/06 : $0 $0 $01 15 i0 :0 10 1 Rl 546616001896 1 10/07 1 REV: $01 TU/EF :ACCOUNT CLOSED BY CONSUMER : I j B COLONIAL BK X01/05 109/04 1 $126231 $0 $01 03 10 0 € 0 I1 :8041706485 1 01/05 ; AUTO 36 $0 1 TU/EF CLOSED 1 B'FIRST USA 108/03 07/87 I $158001 $01 $0`; 28 0 10 i0 R1 1438852302974 1 01/031 REV; $01 TU :ACCOUNT CLOSED BY CONSUMER J ST BK LAKES 101/06 07/02 : $100001 $01 $01 41 €0 . 0 10 1 R1 :438866404010 111/05 ; REV1 $01 TU :ACCOUNT CLOSED BY CONSUMER: • BIWORLD OMNI F 02/10 05/07 : $19800: $01 $0, 33 I0 0 10 1 I1 42009315143 1 02/10 ; I LEAS36 $0 TU/EF :CLOSED 1 III : 1..11 BK OF AMER 1 06/12 ': 11/09 1 - - 1 1- 1 - 1 - 1 CRCDLOST 1374322086363955 06/12 : REV: - EF ECOA KEY:B=BORROWER;C=CO-BORROWER;S=SHARED;J=JOINT; U=UNDESIGNATED;A=AUTHORIZED USER The information is finished in response to an inquiry for the purpose of evaluating uedit risks.It has been obtained from sources deemed reliable.the accuracy of whim Nn organization does not guarantee.The inquirer has agreed to ildermNy that reporting bureau la any damage arising hem misuse of Misinformation.and this report is finished in reiarre upon that ndemniy.h must be held in strict confidence and coaches win the provisions of Pub&Law 91508,the Fair Credit Reponig Act.Reporting bureau certifies Vol all Residemol Mongage Credit Repass meet the standards prescribed by FNMA FHMC.FHA.VA b the Farmers Home Administration. Page 2/3 C REDIT CREDIT BUREAU SERVICES,INC. 3503 NORTH DIXIE HIGHWAY CREDIT REPORT B UREAU OAKLAND PARK,FL 33334 TEL: 954-561-1400 ' 866-561-1400 File# S ERVICES FAX: 954-567-7447 ' 866-567-1441 465394 Date Received Date Issued Requested By Provided For: /27/OF BUSINESS & PROFESSIONAL REGULi-IZ V2013 22013 BY MAIL 1 1940 N. MONROE ST Loan Type FNMA# Charges TALLAHASSEE, FL 32399 $41.00 Sources Reference# TU/EF .° GENERAL INFORMATION Borrower Name EPIFANIO, JOSEPH Social Security No •3302 Age Co-Borrower Name Social Security No Age Current Address 4415 13 AVE SW, NAPLES, FL 34116* Length Previous Address Length Marital Status Dependents CREDIT HISTORY CREDITOR NAME DATE HISTORICAL STATUS C REPORTED DATE BALANCE PAST DUE 0 ACCOUNT NUMBER DATE LAST OPENED HIGH CREDIT TERMS AMOUNT MOS TIMES PAST DUE PRESENT STATUS A ACTIVITY REV w.I ho.190. i P U S LI C R E:C O R D S • *** NO RECORD FOUND *** I N Q U I R I E S ( LAST 90 DAYS ) 'r *** NO RECORD FOUND *** i R E M A R E S • THE REPORTING BUREAU CERTIFIES THAT PUBLIC RECORDS HAVE BEEN CHECKED IN FEDERAL, 'STATE AND COUNTY RECORDS FOR TAX LIENS, JUDGMENTS, GARNISHM*NTS, BANKRUPTCIES, AND :OTHER LEGAL INFORMATION. INFORMATION HAS !BEEN OBTAINED THROUGH€THE USE :OF A ;QUALIFIED PUBLIC RECORDS REPORTING SERVICE WITH THE:RESULTS[INDICAtED� HEREIN: NONE I• • • MISCELLANEOUS X N F E _ :Instant View Password: AD-D897390' i • ! i To verify the authenticity 'of this credit -report, please visit F i 'https://cbs.meridianlink.com and Click on the Instant View '.ink.1 Enter report number 465394 and password :Al-D897390 to view the report. For any: inquiries :regarding this report or services provided by CREDIT BUREAUrSERVICES,:, INC. please :contact us at 954-561-1400.: • E 1 D I :S C L A I:M E R ; An asterisk (*) following the payment amount indicates the teposit©ries have no 'payment data and that the amount was automatically calculated as a:percentage of the :account balance. € E I This is a report containing information supplied by the repositories listed above. The merge process is automated and the report may include some duplications and/or :omissions. Inquiries' regarding any disputed items should beidirected to :the creditor :reporting the item, or to the appropriate repository service center(s) listed below. :EXPERIAN TRANSUNION 'EQUIFAX I :PO BOX 2002 PO BOX 1000 • !P0 BOX: 74;0241 :ALLEN, TX 75013 ' CHESTER, PA 19022 :ATLANTA, GA :30374 :888-397-3742 800-888-4213 ;800=685-1111 www.experian.com/reportaccess transunion.com/myoptions 1wwwequifax.com/fcra *** END OF REPORT 2/27/2013 11 L9 32{AM *** • ECOA KEY:B=BORROWER;C=CO-BORROWER;S=SHARED;J=JOINT; U=UNDESIGNATED;A=AUTHORIZED USER The informalun'rs famished in response to an inquiry for the purpose of evaluating credit risks.It has been obtaked from sources deemed reface,the accuracy of which this organization does not guarantee.The inguier has agreed to indemnify that reporting bureau la any damage absng from misuse d this iturmatiorr and this report is furnished n reiance upon thatndemndy.hrust be held n WO confidence and complies with the provisionsof Potk Law 91-508,the Fak Credit Reporting Act.Repordng bureau certifies that a8 Residential Mortgage Grath Reports meet the standards prescribed by FNMA,FHMC,FHA.VA&the Farmers Ham Admiisladm. Page 3/3 DBPR - EPIFANIO, JOSEPH R, Registered Pool/Spa Contractor Page 1 of 1 6:44:20 AM 3/6/2013 Licensee Details Licensee Information Name: EPIFANIO, JOSEPH R (Primary Name) View Types of Work Licensee Can Perform "' (DBA Name) Main Address: 4415 13TH AVE SW NAPLES Florida 34116 County: COLLIER License Mailing: LicenseLocation: License Information License Type: Registered Pool/Spa Contractor Rank: Reg Pool License Number: RP252555083 Status: Current,Inactive Licensure Date: 03/27/2008 Expires: 08/31/2013 Special Qualifications Qualification Effective Pool/Spa Servicing 03/27/2008 Contractor Types of Work Licensee Can Perform Pool/Spa Servicing Contractor This contractor can repair or service any swimming pool or spa, both public or private. This contractor can repair or replace existing equipment, install new equipment, work on interior finishes, reinstall or add pool heaters, repair or replace perimeter piping and filter piping, repair equipment rooms and housing, and drain pools or spas for purposes of repair. This contractor cannot make direct connections to water or sewer lines. Water treatment and cleaning that does not require the installation, construction, replacement, or modification of equipment does not require a license. Filters may be changed without a license. View Related License Information View License Complaint 1940 North Monroe Street,Tallahassee FL 32399:: Email: Customer Contact Center:: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer.Copyright 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions,please contact 850.487.1395. 'Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee.However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change. 1,f+ro //�s<s i>m�rFl�rirlol�ioroo �m/T �nornoTl,,+oil 0c»9QTT1=2.;a=Q'77jr A7AG'7 'rQocr'Qcc 2/f-/')(112 www.sunbiz.org - Department of State Page 1 of 2 FLORIDA DEPARTMENT OF STATE , D[VISION OF CORPORATIONS Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search No Events No Name History I Submit Detail by Entity Name Florida Profit Corporation AMERICAN POOL AND FOUNTAIN SERVICE,INC This detail screen does not contain information about the 2013 Annual Report. Click the'Search Now' button to determine if the 2013 Annual Report has been filed. Search Now Filing Information Document Number P13000018816 FEI/EIN Number NONE Date Filed 02/27/2013 State FL Status ACTIVE Effective Date 02/27/2013 Principal Address 4415 13TH AVE SW NAPLES FL 34116 US Mailing Address 4415 13TH AVE SW NAPLES FL 34116 US Registered Agent Name &Address EPIFANIO,JOE 4415 13TH AVE SW NAPLES FL 34116 US Officer/Director Detail Name&Address Title VP EPIFANIO,JOE 4415 13TH AVE SW NAPLES FL 34116 US Title P MAFFEI,DAVE PO BOX 990021 NAPLES FL 34116 US Annual Reports No Annual Reports Filed Document Images 02/27/2013--Domestic Profit I View image in PDF format Previous on List Next on List Return To List Entity Name Search 1-11-1-n•Hun-cm?.01111111'7 nrn/onrin+c if.nrrlaf PA) .aotinn—T'1 TUTT Qrinn `lnn n»ml-tar=U1 Zf1(1(1l11 221 1/f-/')!l11 www.sunbiz.org -Department of State Page 2 of 2 No Events No Name History I Submit Home I Contact us Document Searches ! E-Filing Services Forms I Help Copyright and Privacy Policies State of Florida,Department of State httry//unsnnr ennhiv rrrr/erri ■tc/rnrr1pt aN, 9artinn—TIFTFTT Rrinn rinr. n„mhar=P1111111-1111221 2/(./7(11 Z Electronic Articles of Incorporation P13000018816 FILED For February 27, 2013 Sec. Of State jshivers AMERICAN POOL AND FOUNTAIN SERVICE, INC The undersigned incorporator, for the purpose of forming a Florida profit corporation, hereby adopts the following Articles of Incorporation: Article I The name of the corporation is: AMERICAN POOL AND FOUNTAIN SERVICE, INC Article II The principal place of business address: 4415 13TH AVE SW NAPLES, FL. US 34116 The mailing address of the corporation is: 4415 13TH AVE SW NAPLES, FL.US 34116 Article III The purpose for which this corporation is organized is: ANY AND ALL LAWFUL BUSINESS AND POOL, SPA, AND FOUNTAIN SUPPLIES AND PARTS Article IV The number of shares the corporation is authorized to issue is: 10000 Article V The name and Florida street address of the registered agent is: JOE EPIFANIO 4415 13TH AVE SW NAPLES, FL. 34116 I certify that I am familiar with and accept the responsibilities of registered agent. Registered Agent Signature: JOE EPIFANIO P13000018816 FILED Article VI February 27, 2013 Sec. Of State The name and address of the incorporator is: jshivers JOE EPIFANIO 4415 13TH AVE SW NAPLES, FL, 34116 Electronic Signature of Incorporator: JOE EPIFANIO I am the incorporator submitting these Articles of Incorporation and affirm that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report between January 1st and May 1st in the calendar year following formation of this corporation and every year thereafter to maintain "active" status. Article VII The initial officer(s) and/or director(s) of the corporation is/are: Title: VP JOE EPIFANIO 4415 13TH AVE SW NAPLES, FL. 34116 US Title: P DAVE MAFFEI PO BOX 990021 NAPLES, FL. 34116 US Article VIII The effective date for this corporation shall be: 02/27/2013 r DEPARTMENT OF THE TREASURY Yef ��� INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 Date of this notice: 03-05-2013 Employer Identification Number: 46-2183707 Form: SS-4 Number of this notice: CP 575 A AMERICAN POOL AND FOUNTAIN SERVICE INC JOE EPIFANIO For assistance you may call us at: 4415 13TH AVE SW 1-800-829-4933 NAPLES, FL 34116 I= YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN) . We assigned you EIN 46-2183707. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. Based on the information received from you or your representative, you must file the following form(s) by the date(s) shown. Form 1120 03/15/2014 If you have questions about the form(s) or the due date(s) shown, you can call us at the phone number or write to us at the address shown at the top of this notice. If you need help in determining your annual accounting period (tax year) , see Publication 538, Accounting Periods and Methods. We assigned you a tax classification based on information obtained from you or your representative. It is not a legal determination of your tax classification, and is not binding on the IRS. If you want a legal determination of your tax classification, you may request a private letter ruling from the IRS under the guidelines in Revenue Procedure 2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue) . Note: Certain tax classification elections can be requested by filing Form 8832, Entity Classification Election. See Form 8832 and its instructions for additional information. IMPORTANT INFORMATION FOR S CORPORATION ELECTION: If you intend to elect to file your return as a small business corporation, an election to file a Form 1120-S must be made within certain timeframes and the corporation must meet certain tests. All of this information is included in the instructions for Form 2553, Election by a Small Business Corporation. 1 of 3 3/5/2013 8:38 Al (IRS USE ONLY) 575A 03-05-2013 AMER B 9999999999 SS-4 If you are required to deposit for employment taxes (Foams 941, 943, 940, 944, 945, CT-1, or 1042), excise taxes (Form 720) , or income taxes (Form 1120), you will receive a Welcome Package shortly, which includes instructions for making your deposits electronically through the Electronic Federal Tax Payment System (EFTPS) . A Personal Identification Number (PIN) for EFTPS will also be sent to you under separate cover. Please activate the PIN once you receive it, even if you have requested the services of a tax professional or representative. For more information about EFTPS, refer to Publication 966, Electronic Choices to Pay All Your Federal Taxes. If you need to make a deposit immediately, you will need to make arrangements with your Financial Institution to complete a wire transfer. The IRS is committed to helping all taxpayers comply with their tax filing obligations. If you need help completing your returns or meeting your tax obligations, Authorized e-file Providers, such as Reporting Agents (payroll service providers) are available to assist you. Visit the IRS Web site at www.irs.gov for a list of companies that offer IRS e-file for business products and services. The list provides addresses, telephone numbers, and links to their Web sites. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. IMPORTANT REMINDERS: * Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. * Refer to this EIN on your tax-related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. If you do not need to write us, do not complete and return the stub. Your name control associated with this EIN is AMER. You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. 2 of 3 3/5/2013 8:38 AM AMERI22 OP ID:JW AC-C.)12° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 03/15/2013 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 DOES 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(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:352-726-1691 CONTACT The Hagar Group-Inverness NAME: 950 W.Main Street Fax:352-726-2363 1112.N4.ExtL FAX No): Inverness,FL 34450 E-MAIL Bill Kennedy ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC S INSURER A:Auto Owners Insurance 18988 INSURED American Pool&Fountain INSURER B: Service Inc. 4415 13th Av SW INSURER C: Naples, FL 34116 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR SR WVD POLICY NUMBER (MM/DDIYYYYI (MM/DD/YYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABIUTY 78430705 03/15/2013 03/15/2014 DAMAGE 10 RENTED PREMISES(Ea occurrence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY _ $ 1,000,000 X CGL Plus GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —I POLICY PET LOC _ $ AUTOMOBILE LIABILITY O COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY(Par person) $ AL L OWNED I I SCHEDULED BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS _AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Swimming pool servicing CERTIFICATE HOLDER CANCELLATION COLLNAP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Contractor's THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Licensing Board 2800 Horseshoe Drive Naples, FL 34104 AUTHORIZED REPRESENTATIVE MASI to 21/0140 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD °V1-7X tea- •• Cron We ca- JEFF ATWATER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION **CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW** CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 3/21/2013 EXPIRATION DATE: 3/21/2015 PERSON: MAFFEI DAVE FEIN: 462183707 BUSINESS NAME AND ADDRESS: AMERICAN POOL AND FOUNT 4415 13TH AVE SW NAPLES FL 34116 SCOPES OF BUSINESS OR TRADE: PLUMBING NOC AND SWIMMING POOL DRIVERS CONSTRUCTION-NOT Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 07-12 QUESTIONS?(850)413-1609 i r'aD pT JEFF ATWATER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION **CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW** CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 3/20/2013 EXPIRATION DATE: 3/20/2015 PERSON: EPIFANIO JOSEPH R FEIN: 462183707 BUSINESS NAME AND ADDRESS: AMERICA POOL AND FOUNTA 4415 13TH AVE SW NAPLES FL 34116 SCOPES OF BUSINESS OR TRADE: PLUMBING NOC AND SWIMMING POOL DRIVERS CONSTRUCTION-NOT Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 07-12 QUESTIONS?(850)413-1609 o JEFF ATWATER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW** NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 3/7/2013 EXPIRATION DATE: 3/7/2015 PERSON: EPIFANIO JOSEPH R FEIN: 462183707 BUSINESS NAME AND ADDRESS: AMERICAN POOL AND FOUNT 4415 13TH AVE SW NAPLES FL 34116 SCOPES OF BUSINESS OR TRADE: JANITORIAL SERVICES BY CONTRAC Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 07-12 QUESTIONS?(850)413-1609 MAR 1 9 2013- tadv Is> C)k)o-V iet" C--\'`u-"Y- Scc-)Pe- nc S2)05 it\es,s - c sere i C_CdU \)•6Q_A. codj Ar 9 �t C�- ) "� �- i'� �1 � a sz- "Di 0%so , W cue., c�cs � ► `� . \.cam c' Cis cockS C ;c`c \ Exemo-,an c e,5 t (e 5t.%'5 `/ 5 Q j , 3 \ im s } i 1 4 f a - t A Yf as 4 p 1 3 COLLIER COUNTY BUSINESS TAX RECEIPT oE- ' APPLICATION *-7;1 `- -�'2800 N.Horseshoe Drive,Naples,FL 34104 q, ' a f Make Check Payable to: Collier County Tax Collector `� ;�,, '% V Phone: 239-252-2477 Fax: 239-643-4788 Website:www.colliertax.com °oD j4 CHECKLIST Copy of Articles of Incorporation and/or Fictitious letter Yellow Fire Compliance(list of fire district phone number from the State stating that your business name is on file. enclosed) (850-245-6052 or 6058) www.sunbiz.org Copy of Marco Zoning Certificate.(239-389-5000) Copy of State license from Department of Business and Professional(850-487-1395)or Department of Health. Completed Zoning application with appropriate fee made payable (850-488-0595) to:Board of County Commissioners.(239-252-5603) " Copy of City Business Tax Receipt.(239-213-1800) Completed Business Tax Receipt application with appropriate fee made payable to:Collier County Tax Collector.(239-252-2477) Copy of Motor Vehicle Repair Registration Certificate from Department of Agriculture.(800-435-7352) Other: Copy of Health inspection from Department of Hotels and Please contact the Property Appraiser's office at 239-252-8145 Restaurants(850-487-1395)or Department of Agriculture. regarding tangible tax. (800-435-7352) CHECK ONE: Date: '1 /J i ,/'�Original Application Classification if, ili Transfer of License# Code Number - - Renewal of License# License Amount 11) CORPORATE NAME - 7/7fe, ic,j R.)0(, o cUh q/rl „refc.I i/e- la) DBA NAME- lb) BUSINESS OWNER OR QUALIFIER'S 11AME - TC>� 10i-(3v/o 2) PHYSICAL ADDRESS - Vii A - .,, U-'- s 1.-i. /1i,�y`e-1, c? A1116; (No P.O.Box allowed) / 2a) IS RESIDENCE USED AS AN OFFICE- Yes . No 3) BUSINESS MAILING ADDRESS - £( s /. 74 �Ue, Scti 44 r/ yylr� �i Street City Zip 4) OWNER OR QUALIFIER'S RESIDENTIAL ADDRESS- JitiAm)- \\ 5) TELEPHONE-Business: Home: ciqT 9-‘?�-S-1- ,7 7 '6) LEGAL FORM OF BUSINESS: Sole Proprietorship Partnership t�rporation LLC LLP 1 7) OPENING DATE OF BUSINESS OR DATE ASSUMED- o/..Z-7//Y 8) OFFICE WITHIN CITY LIMITS OF NAPLES- Yes ✓No If Yes,City License No. / — 1 9) SOCIAL SECURITY NO. or FEDERAL EMPLOYER IDENTIFICATION NO. - - (o - a)S-7d7 *see back of application for explanation 9a) TYPE OF BUSINESS CONDUCTED: (fin' / Semi?cc-. /10) NUMBER OF EMPLOYEES -Including number of owners: r 11) FILL IN THE APPROPRIATE AREAS - a)Rental units(motel/hotel/apts.)Number of units: b)Seating Capacity(rest./cafes,etc)Number of seats: c)Number of coin-operated machines owned by business or individual: 12) STATE LICENSE OR CERTIFICATION NUMBER- Must have photo cop . 1 state license if state licensed and certified /3 UNDER PENALTIES OF PERJURY,I D' ••RE/,-T I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN I • ' 1 j- TO THE BEST OF MY KNOWLE GE. �i xxxAPPLICANT'S SIGNATU' • ��-� DATE: (Owner and/or representative of business)TI 0AT Arf ****THIS LICENSE IS NON , INDARI,F.FOR RITSINFSS STATFTI AROVF.**** SECTION A, B,AND C FOR OFFICE USE ONLY THIS SECTION TO BE FILLED OUT BY CONTRACTORS/BCC LICENSING BOARD SECTION A Classification of Contractor: County Certification Number: Department Supervisor Date: THIS SECTION TO BE COMPLETED BY PLANNING SERVICES SECTION B Business is an in-home occupation and the applicant has agreed to adhere to the requirements as set forth in the Collier County Zoning Ordinance. PROPERTY Bu Mess DOES COMPLY with the Collier County Zoning Ordinance. ZONED Signed: Title: (A �,1 k/ 3- - ? 3 �. Date: Comments: -(a9iC04' Li Sc . THIS SECTION TO BE COMPLETED BY THE HEALTH DEPARTMENT SECTION C Business DOES COMPLY with the local and/or State requirements. Signed: Title: Date: * In accordance with Florida Statute 205.0535(5),we require you to provide us with either a Federal Employer Identification Number(FEIN) or a Social Security number. ., County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET (239)252-2400 FAX (239)643-6968 LAND USE AND ZONING CERTIFICATE HOME OCCUPATION Please take the time to fill out this form as completely as possible. Remember that only someone actually living at the address given below may engage in the home occupation described. Customers or employees not living at this address are prohibited from traveling to and from the residence if visits are related to this home occupation. The applicant is the person in whose;name the occupational license will be issued, and the applicant's signature must appear on this form. Verification as property owner or lessee in the form of a Valid Florida's Driver License or Florida Identification Card and/or copy of valid lease agreement is required. g:'/ ZONING CERTIFICATE#TC- APPLICATION DATE 3- JJ j APPLICANTS NAME --U? -CON/0 PHONE: c9379—Z1 S_ (pl(o/ APPLICANTS HOME ADDRESS 7. 7(J / ?JN "ev-o— ,SC.c-1 i' `', {L `j W(c TYPE OF BUSINESS TO BE CONDUCTED � / ( !(712-- BUSINESS NAME(IF AN 1, the undersigned, hereby affirm that I am the legal owner of the property at the above address or that l have the legal right to conduct the business described above at this address by virtue of my leasehold interest in this property, and that I have read, understood, and agree to .e by provisions of LDC Section 5.02.00 "Home.Occupations"(see back of application). ate APPLICANT SIGNATURE �_� ��• DATE S /3 FEE: $50.00 CHECKS PAYA:' TO: "COLLIER COUNTY TAX COLLECTOR" .. TO BE co PZ,ETED..BY.COUNTY STAFF: ` ZONING: L PROPERTY ID# .1c1 23 . b DATE ?✓' ' o• REVIEWED BY 41)± ( SC6 APPROVED I OLD. DENIED COMMENTS/RESTRICTIONS: Must comply with Section 5.02.00 of the DC(see back of application). /.if. ►,±i - 1 d .AEI ■ Tax Collector Staff: Please forward a copy of issued certificate and receipt to Collier County Zoning Department. BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA,CONTRACTORS' LICENSING BOARD Petitioner, V. Case Number: 2013-06 License Number: 27541 Alberto L. Diaz D/B/A—A& M Professional Home Services, LLC. Respondent. ADMINISTRATIVE COMPLAINT Collier County(County)files the Administrative Complaint against Alberto L. Diaz( Respondent),a Collier County licensed Tile and Marble Contractor( license#27541), 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 Tile and Marble Contractor with License number 27541. 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. 4.1.2.Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. Mr. Diaz, a Collier County Tile and Marble Contractor, contracted and performed the installation of vinyl flooring, and an interior closet, not included within the scope of the Tile and Marble Contractor, pursuant to Ordinance 2006- 46, Section 1.6.3.45. The minimum licensing requirement for all of the described work contracted for and performed by Mr. Diaz is a Residential Contractor license. b. 4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the quality and/or quantity of the unfinished or finished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue,faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto. Mr. Diaz installed vinyl flooring that does not meet the generally accepted standards in Collier County. c. 4.1.18 Proceeding on any job without obtaining applicable permits or inspections from the City building and zoning division or the county building review and permitting department. Mr. Diaz,contracted for and constructed/installed an interior closet, 6x10x2.5',from floor to ceiling, priced at$1,950.00,without a required valid Collier County permit. d. 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 I 4. Collier County Ordinance 90-105, as amended,Section 22-201(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". COUNT 2 5. Collier County Ordinance 90-105,as amended,Section 22-201 (10). "Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the quality and/or quantity of the unfinished or finished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue,faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto". COUNT 3 6. Collier County Ordinance 90-105,as amended,Section 22-201 (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." 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. Dated:_08 April, 2013 Signed: Collier County Contractors' Licensing Supervisor or Designee Contractors' Licensing Board Case # 2013-06 Alberto L. Diaz— D/B/A—A & M Professional Home Services, LLC. Case Summary On 07 August,2012,Alberto L. Diaz/A& M Professional Home Services, LLC. (Tile and Marble Contractor) provided an estimate of$24,428.00 for the installation of approximately 2000 square feet of vinyl flooring and an interior closet at the address of 8681 Gleneagle Way, Naples, FL 34120,to Robert and Kathryn Arakel (homeowners). The estimated price included the cost of materials, floor preparation labor,flooring installation labor, installing baseboards, and installing the closet. The work commenced approximately one week after the signed contract and was completed by Mr. Diaz near the end of September, 2012,according to Mr.Arakel. Mr.Arakel stated that shortly after the flooring was completed, existing grout lines, bumps,and other defects became visible as the acrylic flooring settled. Other discrepancies of damage and faulty installation were made in the form of scratches and tile spacing. Mr.Arakel claimed the flooring product can be installed over existing tile if the surface is prepared properly as to product specifications. Mr. Arakel states Mr. Diaz did not adhere to the product specifications, by using different floor leveling products and procedures, directly causing the faulty work or craftsmanship. The closet installation was not part of the complaint; however became part of the investigation upon further review of the written estimate. On 25 January,2013, Mr.Arakel visited Collier County Contractors' Licensing and completed/submitted the Preliminary Complaint against Alberto Diaz. The complaint packet included the written complaint, a copy of the written estimate, an inspection report provided by Flooring Inspector Charles Yelvington, and 21 photographs depicting the flooring work. Contractors' Licensing case CEMIS20130001138 was generated and an investigation was launched. I, Reggie Smith, Licensing Officer,contacted and met with Mr. Diaz and Mr. Arakel at separate times and locations to hear both accounts of the events. Research revealed Mr. Diaz's Collier County Tile and Marble license does not allow him to contract for or install the described vinyl flooring or the interior closet as contracted with Mr.Arakel. Such contract violates Collier County Ordinance 2006-46 Section 4.1.2. On 28 January, 2013, I met with Mr. Diaz to review the case and to serve a Notice of Hearing for the initial charges of working outside the scope of his license and faulty workmanship. Mr. Diaz signed the Notice of Hearing and stated he understood the advised possible Contractors' Licensing Board (CLB) hearing charges which may be ordered against him and his current license. On 31 January, 2013, I met with Mr.Arakel at his home to view and photograph the flooring and its discrepancies. Charles Yelvington was present at the home during the site visit. When asked, Mr. Yelvington stated he was a flooring inspector in the capacity to inspect vinyl flooring. Multiple photographs were taken to show large spaces of areas in all rooms where vinyl flooring was installed in which grout lines and the tile beneath were apparent. Poor craftsmanship was also pointed out in areas where tile spacing appeared out of place. Several areas had bumps/lumps which could be seen and felt easily. After installation,furniture moved by Mr. Diaz over the new flooring created large and long scratch marks. During my site visit, I advised Mr.Arakel of the Notice of Hearing served to Mr. Diaz. I advised him of the CLB process and possible outcomes of the scheduled hearing and the possibility of a stipulation between the parties to settle the issue. At that time Mr.Arakel indicated he would like to move forward with the CLB hearing. On 04 February,2013, I called Mr. Diaz to advise Mr.Arakel's decision to move forward with the CLB hearing. CLB hearing packet preparation began. On 05 February, 2013, my investigation discovered Mr. Diaz had also contracted to install an interior closet described as: 6x10x2.5', drywall floor to ceiling with 2 folding doors,$1950.00.A second site visit to the home confirmed the closet was installed. Photographs were shown to the Collier County Building Official,Thomas DeGram,who advised a permit is required for this improvement. On 07 February, 2013, I reviewed the new case updates with Supervisor Michael Ossorio. Mr. Ossorio advised an official letter received from the Law Office of Eric J.Vasquez which announced the representation of Mr. Diaz, continuance request,scheduling request for flooring inspection,and Mr. Diaz's interest in resolving the matter prior to hearing. Mr.Ossorio advised the approved CLB hearing continuance and advised a new Notice of Hearing to be served to Mr. Diaz through Eric J.Vasquez's office to include the additional violation charge of Collier County Ordinance 2006-46 Section 4.1.18, "permit required". The new Notice of Hearing was hand delivered to the Law Office of Eric J.Vasquez for the CLB hearing scheduled for 20 March, 2013. On 05 March, 2013, Mr. Ossorio advised a second CLB hearing continuance was approved until 17 April, 2013;granted through the Collier County Assistant Attorney's Office,Jeff Wright. On 06 March,2013, I called and left a message for Mr.Arakel to contact Mr.Vasquez's office at their request to arrange to schedule another flooring inspection. On 21 March, 2013, Mr. Arakel advised he had called Mr.Vasquez's office and left a personal message with the paralegal, advising his willingness to allow the flooring inspection. Mr.Arakel also added; he and his spouse will travel up North for the Summer and return to Naples in October. On 05 April, 2013, recent conversations between Mr.Arakel and Mr.Vasquez resulted in a monetary settlement offer made by Mr. Diaz; however Mr.Arakel was indecisive. I advised the CLB hearing will remain on schedule. I prepared the CLB packet for review. In review, Mr. Diaz initially contracted for work outside the scope of his license,the installation was declared faulty by the owner therefore a complaint was made. Upon investigation, additional work outside the scope of his license was discovered and no required permit was obtained for that work. The minimum licensing requirement for all of the described work contracted for and performed by Mr. Diaz is a Residential Contractor license. Contractors' Licensing Board Case if 2013-06 Alberto L. Diaz— D/B/A A & M Professional Home Services, LLC Table of Contents El through E3-Formal Complaint E4—Notice of Hearing,dated 28 January, 2013 E5 through E11—Code Case Detail Report E12 through E13—Certificate Detail Report,City View E14 through E15—Certificate Detail Report, CD Plus E16—Division of Corporations,A&M Professional Home Services, LLC. E17—Preliminary Complaint by Mr.Arakel E18 through E19—Written estimate and A&M business card E20 through E22—Owner photographs of flooring installation, 21 total E23 through E27—Owner payments via personal checks E28 through E35—Flooring Inspection Report and business card by Charles Yelvington E36—Claim Inspection letter by Armstrong World Industries, Inc. E37 through E40—Armstrong Luxe Plank product information and instructions E41 through E43—Law Office of Eric J.Vasquez representation letter E44—Notice of Hearing dated 07 February, 2013—includes additional violations E45—Collier County Building Official email declaring structural work requires permit E46 through E56—Officer Smith's investigation photographs E57 through E61—Ordinance definitions and references Contractors' Licensing Board 2800 North Horseshoe Dr. Naples, FL 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$50.00 to defray the costs of administering the complaint,at the time of filing the complaint.The complaining party shall state with particularity which section(s) of this Ordinance he or she believes has been violated by the contractor and the essential facts in support thereof. Complaint: Please print or type and return signed copies of the complaint. Date:January 25,2013 Against: Contractor's Name:Alberto L. Diaz Phone: 239-353-0171 Business Name:A& M Professional Home Services, LLC. License Number if known:27541 Collier County Competency number:27541 Contractor's Business Address:8285 Danbury Blvd#106, Naples, FL 34120 Filed By: Name: Collier County Contractors' Licensing/Reggie Smith Address: 2800 N. Horseshoe Dr., Naples, FL 34104 Business Phone:239-252-2432 Address where work done: 8681 Gleneagle Way City: Naples County: Collier El Date of contract:August 7, 2012 Date job started:Approximately one week after date of contract Date job completed:September 2012+/- Were there plans and specifications? Flooring material specifications,as stated on product instructions Is there a written contract? Yes. If yes,amount of Contract:$ 24,428.00 for flooring and closet work Has Contractor been paid in full? Yes. If not,what amount? Was a Building Permit obtained? No. Was a Building Permit required? Yes,for closet installation. Building Permit number if known: None applied for. Have you communicated by letter with the licensee?Yes. Date:January 28, 2013, Hand Delivery. Do you have a reply?Yes, Official letter from the Law Offices of Eric J.Vasquez, dated February 5, 2013. 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): 1. Collier County Ordinance 90-105, as amended,Section 22-201(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". 2. Collier County Ordinance 90-105,as amended,Section 22-201 (10). "Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued,or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the quality and/or quantity of the unfinished or finished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue,faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto". 3. Collier County Ordinance 90-105,as amended,Section 22-201 (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." Please state the facts which you believe substantiate your charge of misconduct against the subject contractor. List facts separately for each subsection number above: a. 4.1.2.Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. Mr. Diaz, a Collier County Tile and Marble Contractor, contracted and performed the installation of vinyl flooring and an interior closet, not included within the scope of the Tile and Marble Contractor, pursuant to Ordinance 2006- 46,Section 1.6.3.45. The minimum licensing requirement for all of the described work contracted for and performed by Mr. Diaz is a Residential Contractor license. b. 4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued,or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the quality and/or quantity of the unfinished or finished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue,faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto. Mr. Diaz installed vinyl flooring that does not meet the generally accepted standards in Collier County. c. 4.1.18. Proceeding on any job without obtaining applicable permits or inspections from the City building and zoning division or the county building review and permitting department. Mr. Diaz,contracted for and constructed/installed an interior closet,6x10x2.5',from floor to ceiling, priced at$1,950.00,without a required valid Collier County permit. Reggie Smith Collier County Contractors' Licensing State of: Florida County of: Collier Sworn to(or affirmed) . d subscribed before me this day of / , 2013, • `' (signature of person making statement). M� .% Q.,, (signature of Notary Public) 9tPR;P.184' CONSUELATHOMAS— * , .- * MY COMMISSION#.EE 870263 r'nt,t e-o st m e missioned name of Notary Public: s, " t 'ot EXPIRES:March 26,2017 _____________yp p r,roFtvoe: Bonded ThruBudge Notary SeMoes Personally kno t . or produced identification Ello cbti- ty Growth"Management Division Planning& :Regulation Operations Department Licensing Section Alberto L.Diaz 28 January,201 : A&M Professional Home Services,LLC 8285 Danbury Blvd# 106 Naples,FL 34120 RE: Complaint filed against you by Robert Arakel Dear Alberto L.Diaz, A complaint has been filed against you by the above referenced individual. A hearing of this complaint will be held by the Contractors'Licensing Board 01120 February, 2013,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 and 4.1.10 of Ordinance#2006-46 the range of disciplinary sanctions which may be imposed are from an oral reprimand to a suspension or revocation of your Collier County Certificate# 27541. Sincerely, Reggie Smith Licensing Compliance Officer (239)252-2432 6 1 Growth Management Division'Pianning&Reguiation"2800 North Horseshoe DriveNaples,Florida 34104`239-252-2400*www.colliergov.net c tergtx .net Report Title: Code Case Details Date: 4/8/2013 9:37:53 AM Case Number: CEMIS20130001138 Case Number: CEMIS20130001138 Status: Preliminary Review Case Type: Misconduct Date&Time Entered: 1/25/2013 3:46:54 PM Priority: Normal Entered By: ReggieSmith Inspector: ReggieSmith Case Disposition: Case Pending Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description: A&M PROFESSIONAL HOME SERVICES, LLC. INSTALLED VINYL FLOORING AND BUILD-OUT CLOSET WITHOUT LICENSE; WORKING OUTSIDE OF SCOPE X 2; POOR CRAFTSMANSHIP, NO PERMIT Location Comments: 8681 GLENEAGLE WAY Property 79305009669 Complainant ARAKEL, ROBERT R&KATHRYN A Contractor DIAZ,ALBERTO LUIS CC Business Management&Budget Office 1 Code Case Details Execution Date 4/8/2013 9:37:53 AM Desc Assigned Required Completed Outcome Comments Preliminary Investigation ReggieSmith 1/25/2013 1/25/2013 Needs 01-25-13 RECEIVED CASE AND Investigatio RESEARCHED. CALLED 239-404-1352 n AND SPOKE TO HOMEOWNER, ROBERT ARAKEL. HE ADVISED THE WRITTEN CONTRACT FOR INSTALLING APPROXIMATELY 2000 SQ FEET OF VINYL FLOORING THROUGHOUT HIS HOME LOCATED AT 8681 GLENEAGLE WAY, NAPLES,FL,WAS PAID FOR"IN FULL"VIA MULTIPLE PERSONAL CHECK PAYMENTS TOTALING APPROXIMATELY$18,678.00. HE CLAIMS THE FAULTY WORKMANSHIP REVEALED ITSELF WHEN MULTIPLE AREAS OF THE FLOORING WERE UNEVEN DUE TO IMPROPER PREPARATION,SHOWED LUMPS/BUMPS FROM LARGE AND SMALL DEBRIS LEFT UNDER THE FLOORING WHEN INSTALLED,AND LARGE SCRATCHES FROM FURNITURE MOVED BY THE CONTRACTOR WITHOUT PROPER CAUTION. MR.ARAKEL HIRED THE PROFESSIONAL INSPECTION SERVICES OF CHARLES YELVINGTON,A CERTIFIED FLOORING INSPECTOR,TO INSPECT THE INSTALLATION. MR.YELVINGTON'S REPORT DETAILS THE IMPROPER PREPARATION AND INSTALLATION OF THE VINYL FLOORING. A SAMPLE OF THE FLOORING WAS SENT TO THE FLOORING MANUFACTURER,ARMSTRONG WORLD INDUSTRIES,INC.; IN WHICH A RETURN LETTER STATED"THE FLOORING MATERIAL IS FREE OF MANUFACTURE DEFECT". MR.ARAKEL STATED HE WAS ORIGINALLY INTERESTED IN WOOD FLOORING;HOWEVER THROUGH DISCUSSION WITH MR. DIAZ AND A REPRESENTATIVE OF ABBEY CARPET, AGREED TO HAVE THE VINYL FLOORING INSTALLED. HE ALSO STATED HE FELT MR. DIAZ WAS LICENSED FOR THE INSTALLATION DUE TO HIS BUSINESS CARD COMMENTS. THE OWNER NOW FEELS THE FLOORING REQUIRES TO BE REPLACED,AND THE VINYL FLOORING MATERIAL CANNOT BE REUSED AND MUST BE DISCARDED. MR.ARAKEL SUBMITTED HIS WRITTEN COMPLAINT AND ACCOUNT OF EVENTS WITH HIS CONTRACT INVOLVING MR. DIAZ. HIS COMPLAINT PACKET INCLUDES THE WRITTEN CONTRACT,COPIES OF PAYMENTS, MR.YELVINGTON'S INSPECTION REPORT,MANUFACTURER'S LETTER,AND MULTIPLE PHOTOS Business Management&Budget Office 2 • Code Case Details Execution Date 4/8/2013 9:37:53 AM Preliminary Investigation ReggieSmith 1/25/2013 1/25/2013 Needs SHOWING CLAIMED IMPERFECTIONS AND Investigatio DAMAGE. UPON CALLING MR. DIAZ AND n ADVISING THE COMPLAINT MADE,HE STATED HIS ACCOUNT OF EVENTS AND OFFERED TO PROVIDE REMOVAL OF FLOORING AND TILE AT NO CHARGE.HE STATED HE KNOWS HE SHOULD NOT HAVE WORKED OUTSIDE THE SCOPE OF HIS LICENSE BY INSTALLING THE FLOORING;HOWEVER BY LISTENING TO OTHERS STATING THE INSTALLATION WAS SIMPLE AND EASY, HE FELT HE COULD PROVIDE THE SERVICE. HE STATED HE FEELS THE OWNER SHOULD HAVE CONTACTED HIM TO CORRECT THE PROBLEMS BEFORE DIRECTLY CONTACTING COLLIER COUNTY LICENSING. ADVISED A SCHEDULED MEETING ON 01-28-13,TO REVIEW THE CASE. REVIEWED CASE WITH M. OSSORIO WHO ADVISED TO SERVE MR. DIAZ A NOTICE OF HEARING FOR THE 20 FEBRUARY,2013 CONTRACTORS' LICENSING BOARD HEARING. SCANNED MR.ARAKEL'S COMPLAINT PACKET INTO CITY VIEW. RS Cont.Investigation ReggieSmith 1/28/2013 1/28/2013 Complete 01-28-13 PREPARED NOTICE OF HEARING TO SERVE MR.DIAZ AT OUT SCHEDULED 2:30 PM MEETING. M. OSSORIO ADVISED 4.1.2 AND 4.1.10 SECTIONS TO BE FILED AGAINST THE DEFENDENT. LATER MET WITH MR. DIAZ, WHO AGAIN ADVISED HIS CONCERN WITH THE OWNER UNWILLINGNESS TO ALLOW HIM TO CORRECT THE SITUATION. ADVISED THIS CASE DIRECTLY INVOLVES THE VIOLATION OF WORKING OUTSIDE THE SCOPE OF HIS LICENSE; HE AGREED. ALSO ADVISED THE SECOND CHARGE OF FAULTY WORKMANSHIP WHICH APPLYS;HE AGREED ONCE AGAIN. REVIEWED POSSIBLE CLB CHARGES,TO INCLUDE RESTITUTION AND/OR LICENSING ACTION;HE STATED HE UNDERSTOOD. SERVED THE NOTICE OF HEARING; HE SIGNED AND ACCEPTED A COPY OF THE LETTER. RS Attach Picture(s) ReggieSmith 1/28/2013 1/28/2013 Complete ATTACHED SCANNED COMPLAINT AND OWNER PHOTOS. RS 61 Business Management& Budget Office 3 Code Case Details Execution Date 4/8/2013 9:37:53 AM Desc Assigned Required Completed Outcome Comments Cont. Investigation ReggieSmith 1/29/2013 1/29/2013 Complete 01-29-13 REVIEWED CASE WITH M. OSSORIO;ADVISED NOH SERVED. CALLED AND ADVISED MR.ARAKEL OF HEARING DATE AND POSSIBLE CLB OUTCOMES TO INCLUDE POSSIBLE RESTITUTION AND/OR LICENSE ACTIONS. MR.ARAKEL STATED HE WILL SPEAK WITH HIS SPOUSE TO CONSIDER OPTIONS OTHER THAN CLB HEARING TO INCLUDE THE POSSIBLILTY OF CIVIL AGREEMENT BETWEEN THE PARTIES WHICH WOULD INCLUDE THE WITHDRAW OF COMPLAINT. SCHEDULED TO MEET AT THE OWNER'S HOME ON 01-31-13, 11AM,TO PHOTOGRAPH THE FLOORING INSTALLATION AND DISCUSS AVAILABLE OPTIONS FOR THE COMPLAINT. RS Cont. Investigation ReggieSmith 1/31/2013 1/31/2013 Complete 01-31-13 MET MR.ARAKEL AT HIS HOME TO VIEW THE FLOORING AND PHOTOGRAPH. AS THE COMPLAINT STATES,THE FLOORING,WHICH SPANS MULTIPLE ROOMS,REVEALS THE CERAMIC TILE BENEATH THE NEW FLOORING. VIEWED THE LARGE SCRATCHES ALSO. CHARLES YELVINGTON WAS ALSO PRESENT AT THE HOME DURING MY VISIT; HE WAS PROVIDING MR.ARAKEL WITH FLOORING SAMPLES AND PROPOSALS. WHEN ASKED,MR.YELVINGTON STATED HE WAS A FLOORING INSPECTOR IN THE CAPACITY TO INSPECT VINYL FLOORING. REQUESTED HIS PRESENCE TO TESTIFY AT THE 20 FEB CLB HEARING AND PROVIDED CLB INFORMATION;HE ADVISED HE WILL ATTEND. ADVISED MR. ARAKEL OF POSSIBLE CLB OUTCOME SCENARIOS AND OPTION FOR THE PARTYS TO SETTLE MATTERS CIVILLY. MR.ARAKEL MADE COMMENT TO THE POSSIBLE ADDITIONAL RESTITUTION AMOUNT TO INCLUDE THE COST OF THE BASEBOARDS MATERIAL AND LABOR IN THE AMOUNT OF$3,800.00. MR.ARAKEL DECIDED TO MOVE FORWARD WITH THE CLB HEARING;ADVISED THE NOTICE OF HEARING ALREADY SERVED TO MR. DIAZ. RS Cont. Investigation ReggieSmith 2/4/2013 2/4/2013 Complete 02-04-13 CALLED AND ADVISED MR.DIAZ OF MY MEETING WITH MR.ARAKEL AND HIS DECISION TO MOVE FORWARD WITH THE CLB HEARING AND NO WISHES TO SETTLE ANY CIVIL ARRANGEMENTS. RS S' Business Management&Budget Office 4 Code Case Details Execution Date 4/8/2013 9:37:53 AM Desc Assigned Required Completed Outcome Comments Cont. Investigation ReggieSmith 2/5/2013 2/5/2013 Complete 02-05-13 NEW CASE INFORMATION REQUIRED AN ADDITIONAL SITE VISIT TO HOME TO INVESTIGATE A CLOSET INSTALLED BY ALBERTO DIAZ,AS STATED ON ORIGINAL INVOICE. "INSTALLING CLOSET 6'X 10'X 2.5'. INSTALLING DRYWALL FLOOR TO CEILING. INSTALLING TWO FOLDING DOORS. MATERIALS AND LABOR TOTAL $1950.00." PHOTOGRAPHED FRAMED OUT CLOSET IN SPARE BEDROOM/DEN, BUILT BY ALBERTO DIAZ. AFTER RETURN TO OFFICE, RECEIVED COPY OF LETTER FROM THE LAW OFFICES OF ERIC J. VASQUEZ REQUESTING HEARING CONTINUANCE AND CASE DOCUMENTATION TO BE PROVIDED. REVIEWED CASE WITH M.OSSORIO. RS Cont. Investigation ReggieSmith 2/6/2013 2/6/2013 Complete 02-06-13 LATE IN DAY,02-05-13, REVIEWED INSTALLED CLOSET PHOTOGRAPH AND INFORMATION WITH COLLIER COUNTY BUILDING OFFICIAL, THOMAS DEGRAM,WHO STATED THE DESCRIBED WORK REQUIRES A BUILDING PERMIT. WITH THIS NEW INFORMATION,THIS CASE MAY NOW TRANSFORM TO INCLUDE THE ADDITIONAL VIOLATION(S). RS Cont. Investigation ReggieSmith 2/7/2013 2/7/2013 Complete 02-07-13 REVIEWED CASE WITH M. OSSORIO WHO ADVISED CASE WILL BE POSTPONED UNTIL THE MARCH 20TH CLB. ALSO TO RE-SERVE THE NOTICE OF HEARING WITH THE TWO ADDITIONAL CHARGES OF WORKING OUTSIDE THE SCOPE AND NO PERMIT. LATER SERVED THE UPDATED NOH TO MR. DIAZ, THROUGH THE LAW OFFICE OF ERIC J. VASQUEZ. SCANNED INTO CITY VIEW. ALSO CALLED AND LEFT A VOICE MESSAGE FOR MR.ARAKEL TO CONTACT M.OSSORIO FOR CASE UPDATES. RS Cont. Investigation ReggieSmith 3/5/2013 3/6/2013 Complete 03-05-13 REVIEWED CASE WITH M. OSSORIO WHO ADVISED CASE WILL BE POSTPONED UNTIL THE MARCH 20TH CLB. ALSO CALLED AND SPOKE TO MR. ARAKEL. ADVISED THE CONTINUANCE UNTIL THE APRIL CLB ON THE 17TH. REVIEWED SOME CASE NOTES WITH MR. ARAKEL AND ADVISED HIM OF E. VASQUEZ LETTER STATEMENT TO CONTACT HIS OFFICE FOR ANY STIPULATION INTERESTS AS MR.DIAZ WAS INTERESTED IN THE SAME. MR. ARAKEL ACCEPTED THE CONTACT INFORMATION AND STATED HE WILL CONSIDER THE OPTION. RS 61 Business Management&Budget Office 5 Code Case Details Execution Date 4/8/2013 9:37:53 AM Desc Assigned Required Completed Outcome Comments Cont. Investigation ReggieSmith 3/6/2013 3/7/2013 Complete 03-06-13 CALLED AND LEFT A VOICE MESSAGE FOR MR.ARAKEL TO CONTACT MR.VASQUEZ TO ARRANGE SCHEDULING FOR THE FLOOR INSTALLATION VIEWING. RS Cont. Investigation ReggieSmith 3/21/2013 3/21/2013 Complete 03-21-13 CALLED AND SPOKE TO MR. ARAKEL;WHO ADVISED HE HAD CONTACTED MR.VASQUEZ'S OFFICE LAST WEEK AND SPOKE TO A PARALEGAL. HE ADVISED THE PARALEGAL HE IS OPEN TO HAVE THE FLOORING INSPECTED. HE STATED HE HAS NOT BEEN CONTACTED SINCE HIS CALL. MR.ARAKEL ALSO ADVISED HE AND HIS WIFE LEAVE THE STATE ON JUNE 1ST FOR THEIR SUMMER STAY AND WILL RETURN IN OCTOBER. FORWARDED THIS INFORMATION TO M. OSSORIO VIA EMAIL. RS Cont. Investigation ReggieSmith 3/28/2013 3/28/2013 Complete 03-27-13 SENT M.OSSORIO EMAIL CORRESPONDENCE REQUESTING UPDATES FROM LEGAL STAFF AND TO PROVIDE MR.ARAKEL'S TELEPHONE CONTACT INFORMATION. RS Cont. Investigation ReggieSmith 4/5/2013 4/8/2013 Complete 04-05-13 CASE UPDATE: RECENT CALL TO MR.ARAKEL TO REQUEST ANY UPDATE INFORMATION CONCERNING POSSIBLE COMMUNICATIONS BETWEEN HIMSELF AND MR.VASQUEZ'S OFFICE. MR.ARAKEL ADVISED HE SPOKE TO MR. VASQUEZ; HOWEVER NO SETTLEMENT OFFER WAS AGREED UPON. MR.ARAKEL ADVISED THE POSSIBLITY REMAINS AND WILL KEEP ME UPDATED IF A STIPULATION IS MADE. M.OSSORIO ADVISED TO MOVE FORWARD WITH CLB HEARING PREPARATION IN CASE NO AGREEMENT IS MADE BETWEEN THE PARTYS. CALLED AND UPDATED MR. YELVINGTON OF THE CLB DATE;HE ADVISED HE WILL ATTEND. RS Cont. Investigation ReggieSmith 4/5/2013 4/5/2013 Complete PREPARED CASE FOR CLB HEARING. RS Investigation ReggieSmith 4/17/2013 Pending Violation Description Status Entered Corrected Amount Comments 4.1 Misconduct-County/City Open 4/8/2013 $0 Certificate of Competency _ Commencing Work Without A Permit Open 4/8/2013 $0 eso Business Management& Budget Office 6 • Code Case Details Execution Date 4/8/2013 9:37:53 AM Title Reason Result I Compliance Fine/Day Condition 611 Business Management&Budget Office 7 View Master Project View All Activities for this Licensee Add new person or business to Address Book Licensee Information • . New Licensee (current project) New Licensee (no project) Licensee Number IC27541 Status Active Name /Description A 8k.M.Professional Home Services LLC Start Date I Type Contractor End Date I Inspector Submitted On Jurisdiction Collier County Department Operations Activity Description — All C-e—Trtificates from CDPlus: 27541 .••• Suggest Mailing Address Add this Mailing Address as a Location Add Contact Number Street Mailing Address 18265 Danbury Blvd# 106 Type I. Contact Number I at. Fax (239) 353-0171 Address Line 2 Cell (239) 250-6207 Address Line 3 J Primary (239) 353-0171 .• City/State/Zip 'Naples FL 134120- Country United States Email Show More Fields Hide or Clear Fields Home Based Business NI Sub-certificate Required Contractor Attributes Contractor Type Business DOB SponsorshipAppliction Drivers License Number Date Workers Compensation Business Tax Receipt? Yes Expiration Date Location Add Related Parcels andAddresses I Add a Location To link a location to this Licensee,enter location information below. CityView will suggest possible matches as you type: Description I Type _ Property Alert Primary?I Display? Contacts A Add a Contact To link a contact to this Licensee, enter contact information below. CityView will suggest possible matches as you type: 'ALBERTO L. DIAZ Ad dress.8285 DANBURY BLVD., #105 Ph one:(239) 353-0171 Go Link' Type Description End Date Primary? Display? Qualifier ALBERTO L.DIAZ,Address:13285 DANBURY BLVD.,#106, Phon Applicant A 8t.M Professional Home Services LLC,Address:8285 Danbury Licensee Information Licensee Number C27541 Description Type Property Alert Name A& M Professional.Home Services I Type Contractor 11:1 Status Active 111 View Master Project View All Activities forthis Licensee Add a new person or business to Address Book Classifications Generate Defaults j[ Add a Classification To add a classification to this Licensee,entertext below. CityView will suggest possible matches as you type: TILE St MARBLE CONTR. Link . Type I. Date Entered I Status. I Status Date __I TILE&MARBLE CONTR.. 05/0312011 Active ( Show More Fields ) [ Hide or Clear Fields Unique Identifier j50414 Contractor Licensing A Renewable? License Category Local.- Specialty 1:11- License issuances A Attach Driver License Photo Add Issuance Link I Type Status Date Issued I Issuance Number Expiration Date _ TILE&MARBLE CONTR. =Active 07/25/2005 27541 00/30/2013 Comments [ Show More Fields [ Hide or Clear Fi—'-e71:is Renewable?61 Unique Identifier[50414 Certificate Detail Report 2DPR2305 - Certificate Detail Report CERT NBR QUALIFIER NAME DBA STATUS 27541 ALBERTO L. DIAZ A & M PROFESSIONAL HOME SERVICES LL INACTIVE DETAIL CLASS CODE CLASS DESC STATE NBR 4420 TILE & MARBLE CONTR. ORIG ISSD DATE STATE EXP DATE 7/25/2005 RENEWAL DATE COUNTY COMP CARD COUNTY EXP DATE EXPIRE DATE 9/30/2012 OTH OL NBR COUNTY OL EXEMPT N CNCL DATE COUNTY OL NBR COUNTY OL EXP DATE OTH OL EXP DATE 050189 9/30/2012 REINSTATE DATE 4/4/2007 DBA PHONE FAX (239)353-0171 (239)353-0171 MAILING ADDRESS PHYSICAL ADDRESS 8285 DANBURY BLVD # 106 8285 DANBURY BLVD. , #106 NAPLES FL 34120- NAPLES FL 34120- LIABILITY INSURANCE COMPANY EXP DATE GULF COAST INSURANCE, LLC 7/23/2013 PHONE EFFECTIVE DATE (239)403-3940 7/23/2011 POLICY NUMBER CNCL DATE GFL-1025336 INSURANCE LIMITS 1, 000,000 WORKERS COMPENSATION INSURANCE WC EXEMPT Y COMPANY EXP DATE PHONE EFFECTIVE DATE Collier County Board of County Commissioners Printed on 2/4/2013 1:22:59PM CD-Plus for Windows 95/NT Page 1 2DPR2305 - Certificate Detail Report POLICY CNCL DATE BOND INSURANCE • COMPANY ' C .EXP DATE 1 : - PHONE EFFECTIVE DATE POLICY CNCL DATE INSURANCE LIMITS LAST UPDATE DATE LAST UPDATE USER PREV UPDATE DATE PREV UPDATE USER 7/13/2012 GREENBERG J 9/22/2011 WOLFELINDA 61c Collier County Board of County Commissioners Printed on 2/4/2013 1:22:59PM CD-Plus for Windows 95/NT Page 2 www.sunbiz.org -Department of State Page 1 of 2 FLORIDA DEPARTMENT TMENT O1 STATE CORPORATIONS DIVISION OF Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit I Detail by Entity Name Florida Limited Liability Company A&M PROFESSIONAL HOME SERVICES, LLC This detail screen does not contain information about the 2013 Annual Report. Click here to determine if a 2013 Annual Report has been filed. Filing Information Document Number L07000021117 FEI/EIN Number 208517314 Date Filed 02/26/2007 State FL Status ACTIVE Principal Address 8285 DANBURY BOULEVARD 106 NAPLES FL 34120 US Mailing Address 8285 DANBURY BOULEVARD 106 NAPLES FL 34120 US Registered Agent Name & Address DIAZ,ALBERTO L 8285 DANBURY BOULEVARD 106 NAPLES FL 34120 US Manager/Member Detail Name&Address Title MGR DIAZ,ALBERTO L 8285 DANBURY BOULEVARD,APT. 106 NAPLES FL 34120 US Annual Reports Report Year Filed Date 2010 02/26/2010 61(9 2011 02/25/2011 2012 02/13/2012 httn://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq doc number=L0700002111... 2/4/2013 f gillzkl COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples,Florida 34104 • (239) 252-2432 • Fax (239) 252-2469 PRELIMINARY COMPLAINT FORM Your Name: R o l e-IL r 4 A 01<e-- L Date: . Address: 14. g ) 6/e n!-e.il 5 It U Vity: Nt' Pie-- State: FL Zip: 3-f fa 0 CzI1 P-,3 1- 4 0 4 - D, _--.._.._. 14ee Phone: - Business Phone: THIS COMPLAINT IS AGAINST: /‘ii t= Zuircvs Company Name: License# a, 7 S°4 Contractor or Person in Charge: (Tf Known) A LA z /c L • b/if 2— Address: g5- DR- ‘c,:.;2 y 2/yeL t .in - /G 6 Ni-1PI, 1-L :3 L/l2o (�o:: „ ft,., C i. „ h: <ar F=«e a 3 7 3S".3 ar'7J 1 Phone: Ce.if 2 3 7 ,?5 a 6', cl 7 Date of Contract: 6 /7/Jc N THE SPECIFIC COMPLAINT IS: (Attach additional sheets as necessary) .-[.N s l A /(e cG A R-r n 5 r©Ar j Lk_ X 71/4,v,v 4 ///J a 0 E, f e-._ 6 7 X!S l i A l f I G "Sy 71/ig 47002 ftir€� 0Gz. t ,, -1,re 4 s--€- l?R' )( Roao Sq-u/ - Pi.-oc-4c_- C'4-A/ i}e / r /hS /-Pr (/,2 c( r3ue.-- 4tf-c f 4, ; (c /ea 12- jS1)26'i2 -r-ed pr-6f1-e.. r--' ty 7'Ai1s 6,/4-s N 1- d a u P Th„1.. Ai c+iki - l e s e AA/ ke _see nl -iii-6c I-4 _ f,1-,ik s- di s a N o--e i ct -2 A wt & ;14 -1-l7, Zia v!C L,, 4 I c y fy /3- P 19e-u` -14- le. R f < 2j 6 7C- 9,v iti -/-- CL Is.-3 cI c_ S'c i-- A P 0.f -I"A--e. Ph ti 1-ci• Attach Copies of All Appropriate Documents: Contracts, Checks, Liens, Permits, Etc. Contractor Licensing Officers: Michael Ossorio (Supervisor) - (239) 252-5706 Ian Jackson- (239) 252-2451 Allen Kennette- (239) 252-2468 Robin Ganguli- (239) 252-2914 Karen Clements- (239) 252-2450 Signature: � '/ V o s e r C 014 x t y 1 Professional Home Services LLC. Improvement Contract Proposal No. 04890 Date: 8 / 2 / 2012 Sheet No: I The clients represent and warrant that they either hold or are in the process of acquiring marketable,legal Title to the premises PROPOSAL SUB.MITED TO: WORK TO BE PERFORMED AT: Name: Make],Robert&Kathryn Address: 8681 Gleneagle Way Address : 8681 Gleneagle Way City,State: Naples, FL 34120 City,State: Naples, FL 34120 Phone No: (239)404-1352 Phone No: (239) 404-1352 e-mail: bkarakef�comcast.net We hereby propose to furnish the materials and perform the labor necessary for the completion of: Installing Luna*V Plank Floor: Delivery of the Vinyl Floor and Materials.Moving all furniture, Scraping Floor,Disposal of all Materials,Fixii potential Cracks,Leveling Up Grout Lines ready foI LVP Floor Installation, Installing LVP Straight Pattern. ProvidingLFP:Jatoba Mahogany and all the materials to perform the job. LVP To be Set Straight Materials - $ 11704.0 Labor:Leveling Up Grout Lines ready for LVP Installation $ 1200.0 Labor:LVP Installation $ 5774.0 Installing Baseboards:Taking Out 3"Baseboards all around the Unit.Installing New Baseboards 5".Sanding a Caulking and Pudding.Painting Baseboards with Sherwin Williams Dover White Oil Base.Cc or SW G t We, l Materials and Labor Total $ 3800.0 Installing Closet:Installing Closet 6'x 10'x 2.5'.Installing Drywall Floor to Ceiling.Installing Two Folding D Materials and Labor Total. — —. $ 1950.0 Down Payment: Check#914-89S" $/ i /12 Balance $ �6 3� Total: $ 963A $ With Payments as follows: 50%at Proposal Acceptance and 50%no more than 5 days after work completion. This Agreement represents the entire,complete and exclusive Agreement between the Clients and A&M Professional Home Services with respect to the subject matter hereof and supersedes all prior agree delegate its rights or or verbal,with respect to such subject matter.This Agreement may not be amended nnless such amendment is its writing and executed by each of the parties hereto.No party may obligations hereunder without the consent ofthe other party hereto.This is a proposal until signed by an officer of A&M Professional Home Services at which time becomes an executed■ fill one year guaran tee against defects in installation and purchased materials and workmanship take effect at compielsoro guarantees issued or take effect on any materials in case the materials are pumha other than A&M Professional Home Services No job will be performed with faulty materials unless underwritten waiver,with Clients taking full legal responsibility. shall not be done urttil such time as final payment Owner's failure to make full payment to contractor accotding to the contract and work orders shall void this warranty work Statute, Protection)provides that"...the clients have the right to cancel a home solicitation sale until midnight of the third business on `Semen.."By si signing Statute, agree to a"late payment penalty"of S 40.00 per each late day.The"late Payment after the day on ft e the buyer signs a er the a day on By which the ibis contra, The oral amount of"late payment y b'IIt�P�tse period stall failure to immediately after midnight ne or according fifth business day after the dry rk orders the job complet P Ym penalty"shall be applied to the final balance in case of Owner's failure to nn:ke full payment to contractor according to the contract and work orders after job compl understood"work conviction"as a day in which contractors communicates to the clients that the job has been done;any disagreement on'job completion"under this agreement could be challenged by the C after Owner's full payment If Client terminates this agreement for any season other tlittn due t4 the fault of A&M Professional Home Services,at any time after the expiration of seven calendar days after th agreement is accepted by the client then the Down Payment paid by Client shall be tion:refundable and shall be the property of the Contractor.All worthless checks&returned checks will be prosecuted tyre co Statue, et upon 5.065., nyi y alteration eels or delays deviation from above specifications involving extra costs will be executed only upon written order uncivil]become an extra charge over and above the estimate.All a clays beyond our control.The total price is a firm price except for items designated as allowances;these items are subject to increases or decreases depending on actual e during construction.Clients understand that there maybe dye-lot variation from sample.A&M Professional Home Services is not responsible for chips,dada or conditions of existing moldings,doors,jams, others.Room must clear of all obstacles at time of installation unless otherwise specified on writing.A&M Professional Home Services is not responsible for cutting doors and frames and is not responsible I measurements.ssi fo the client's structural problems upon installation may change the amount ofthit invoice.The clients shall pay any extra cat for changes that are required by public entity or an inspector,v necessity prior approval The work completion shall be diligently pursued as soon as commercially practical.Possession of the premises shall be surendeted exclusively to the contractor gm work commences under this agreement,The contractor shall be entitled to exclusive posse'epn of the premises will the contractor notifies an clients that the premises are substantially complete and occupancy and the contractor price,adjusted by any changes,is paid in fill.The client&shall be responsible for maintaining insurance to cover the improvements on the premises.Do not sign this home my contract in blank.You are entitled to a copy of the contract at the time you sign.Keep it to protecty ur rights.This tome improvement contract may create a lien on your property that could be foreclosed do not pay.In case of Late Payment o r Litigation other charges maybe apply to the Clients Final 'In the event of an party in such litigation for the reasonable attorney fees of such prevailing party.The patsies hereto consent to the' any Litigation tssoft the State fFlorida. the non-prevailing and Co a es of this shall reimburse nt s the originals.In the event that any provision of this eat is held to be le )unsdtion, uct to ovals of the be ate of ed to b.Faxes and to the of mis extent required shall o r I provision enforceable and the remainder of the shall not be affected a court of competent jmisoIiction,such provision shall be deemed to be amended to the minima[extent required to re Be sure you understand all provisions of you sign.This Agreement in Big Fonts is Available Upon Request Respectfully Submitted: Per This Proposal Professional Home Services LLC. poser luny be withdrawn by us if accepted within 15 days „/4ti` 615 Acceptance of Prop..p al The above prices,s ec' c�or and conditions are satisfactory and are hereby acce,r, .. are'u,orized to+o_herwork as specified.Payments will be rr outlined above. DA'1'l; SIGNATtTRE: f • SIGNATTIRF: . _ .f----------------.,„, . 0 . . I At,-•..,-11. 0 ...0 .: • f • co ›.. • '-..t • U 3 1 co o -: 0 . • co gz, g -t, a .• ,1 .,•-:L;,-:, C..) -0 ,I 0 __,-• _ . 1 ' :,----;-, =„.9 -,•,.; — g a ,.9 4 : . _ -: --.. •. 0-.0 ,t, I 7 , I ' c • 0 , i -.,• ..'.-ii. o r4 -4 t... b r --. , Z 0 I-. 1--C; .---- ■ i .,.., ., v..4 cli a • . 0 0'Ci u ....e 7 I I 4 CS tor)to 4, ........., . ......ea tNi Ali , o•••••• 4... .. I I • 0> 3 a •: . . . 0 c...) . ., ... . .. ., ,.! . . . . . - eli 77. '4.?'''''''''' CV V N`N cD Cp it CV CV rs' t ".P � , s 1 L ��g „'z _ 2 VI s,, , = * `,. a 3 5 -\ n N N N a O c CD a ill O N N CD CV t > —O N ■ p 4 $ ^ o Lj i o Y o 0 ` i . tC a � E ^ E O S a3 c S r� I ) x \ o v am � \ x,E g v m=3 m Nn -1 C N N — u O O O ac N N N w '.. C O N ? \ ¢ , Sf Zi •0 ..� �. OC T_J #,7. ' 2,03 a " .l t a 'N c m a in / l i * m G N i lb / v { O • r;�..s.0— n''' y ti C A E.EE° Cc c. ° mmrn oS o� 4...-�aTod v m2` I ^ .5-=0)-15 G� IS-0 Oa a j • t Ol 01 t.,-lc 13- 10m L OfO Y N m W Lmt� �L A �t 2 wx «� o o P, N '°yw, m N g C.173 r »x v N c N a cn E p k. o ,- — S. .,. C r. L■ NO L O . on 3 L 'x 2 This floor should be smooth this is tz from improper floor preperation installe v Error = E p y N 3 U NJ u v o x v `_z m Arakel N N L , LJD NJ ii tea; R J a ig r tea ^ ,U) .I" CCU Bumps&Lumps everywhere r‘) 01 v d ' N m � O a r� , - �� i eh'`' ' a 1 ,,,� °r �. �i g" ,y s O Arakel c� NI m ;4:4 °�� E u ul 2 4.a`* L *6 m 3 T t < aR O q*. O y Tel s C \ C 9 pp Cp n? Light from sun shines across all `. rn areas and shows profile of ceramic «' o 0 tile trough the vinyl plank this pic is L o from standing position v v m_ v • f_\CO X' \■ N C(0 �- • r- a C ii vC ,!a c c m }} �o g BM N t tl 3 v. "N� t� - 7. In l P.. i'fwdd3 "� r t / s U Q��L l i t rtes y E �r ,� 5.,:f f.. _ v,Ot „ „lir. "' fig -'*-4 C Q,u .� a T p. 1 aP -e-2;. P.O.Box 9995 Cincinnati Ohio 45263-9995 Date: January 24, 2013 ROBERT R ARAKEL 8681 GLENEAGLE WAY NAPLES FL 34120 Dear ROBERT R ARAKEL, Thank you for banking at Fifth Third Bank.We appreciate your business and will continue to work hard to provide all the products and services to meet your financial needs.Here is the image you requested on 1/24/13. Account Number: Amount: $8,630.00 Posted Date: 08/07/12 Fee: Waived -- - --�– visa us at www.53.com— ROBERT R. ARAKEL 6:+-1111ra�a $9 4 KATHRYN A.ARAKEL 8631 GLENEA.OLE WAY NAPLES,FL 34120 jJnie Prry to dre i UrdNra ) I ..__. $ 6 ii 1ETY--THREE FIFTH THIRD BANK • k. • • 0 —1.."' >> 7.01 g.;./ I . .;.:..-1 T_ . n J. O eg a q J i i Did you know you can access your accounts 24 hours a day, 7 days a week at www.53.com? You can view account statements, see what checks have cleared - even see images of your cleared checks. All you need is your Jeanie ® card number and password.It is safe,quick and easy. If you have questions, please contact a Customer Service Professional at 1-800-972-3030 or visit your Fifth Third Banking Center.Again,thank you for banking with us. Sincerely, (..-at, /14Car4 6 ;1 P. Brian Moore Raninr\Titan PrPCir1Pnt P.O.Box 9995 Cincinnati Ohio 45263-9995 Date: January 24,2013 ROBERT R ARAKEL 8681 GLENEAGLE WAY NAPLES FL 34120 Dear ROBERT R ARAKEL, Thank you for banking at Fifth Third Bank. We appreciate your business and will continue to work hard to provide all the products and services to meet your financial needs. Here is the image you requested on 1/24/13. Account Number: 7430192794 Amount: $8,631.00 Posted Date: 08/10/12 Fee: Waived .., -•-Mt col www,33.c4m— 13 i 895 ROBERT R. ARAKEL �171f T KATHRYN A. ARAKEL 6881 GLENEAGLE WAY NAPLES,.Fi.$412D WI/LA Date F4.1N o the ' V 4. 67. Ji _ / CLUB r I���I FIFTY-THREE -THkEE riFhl THIRD BANK .r /y Par. — /II _. • ,.-- n _ _ ;O z 1- Tai L: El; ' :5. CI F41 • '••I n fa. . - }_. - o 4 Sh E x' r n: Did you know you can access your accounts 24 hours a day, 7 days a week at www.53.com? You can view account statements, see what checks have cleared - even see images of your cleared checks. All you need is your Jeanie ® card number and password.It is safe,quick and easy. If you have questions, please contact a Customer Service Professional at 1-800-972-3030 or visit your Fifth Third Banking Center. Again,thank you for banking with us. Sincerely, t''.. „...ts, i/VIC.4.4 6;.4 P. Brian Moore C •ninr Vir`a Pracirlant • P.O.Box 9995 Cincinnati Ohio 45263-9995 Date: January 24,2013 ROBERT R ARAKEL 8681 GLENEAGLE WAY NAPLES FL 34120 Dear ROBERT R ARAKEL, Thank you for banking at Fifth Third Bank.We appreciate your business and will continue to work hard to provide all the products and services to meet your financial needs.Here is the image you requested on 1/24/13. Account Number: 7430192794 Amount: $9,778.00 Posted Date: 09/25/12 Fee: Waived _... — IS If USAF wwir„U,Om — RtOBERT R.ARAKEL fl3 41}�/&7a 942 KATHRYN A.ARAKEL WARES,Fi,94120 /¢1r S.'-/ r ,e ley to 11n4 tr t S S fo..4 Jft d a Srf0(r!.! S f 17 d ♦ O o t '� fitiff f�,f� I / f rT�”{6dfr�d f0� fllil�,� 7�16LeS -+u 5-EfiPal }{ee...�trtL eVev{y_' rD&kkTS 011 ,........ c7'3 I PREFERRED F f 1 THIRD BANK B A N K 11 M G Fir /°1" Iv.+14 4-'J{w 74- a� c—=r w • 0 01 • 1 • . Pi _ . Did you know you can access your accounts 24 hours a day, 7 days a week at www.53.com? You can view account statements, see what checks have cleared - even see images of your cleared checks. All you need is your Jeanie ® card number and password.It is safe,quick and easy. • If you have questions, please contact a Customer Service Professional at 1-800-972-3030 or visit your Fifth Third Banking Center.Again,thank you for banking with us. Sincerely, 6;.‘ P. Brian Moore Caninr Vida Pracirlant P.O.Box 9995 Cincinnati Ohio 45263-9995 Date: January 24,2013 ROBERT R ARAKEL 8681 GLENEAGLE WAY NAPLES FL 34120 Dear ROBERT R ARAKEL, Thank you for banking at Fifth Third Bank.We appreciate your business and will continue to work hard to provide all the products and services to meet your financial needs.Here is the image you requested on 1/24/13. Account Number: 7430192794 Amount: $9,778.00 Posted Date: 09/26/12 Fee: Waived _ v,sli ras to xr w__}SAINI1— ROBERT R.ARAKEL s3-2171/em 943 KATHRYN A.ARAKEL 8681 GLEN EAGLE WAY 5 ,or S d/.2,. NAPLE6,ki;94120. Dale NY IV eh e t,/17[hrer„cif Q f•_/ 6 �+�la.+ t� d'Ic $ ! f ti a I JG a Uzi 9 U-S 4W t� +v eLoicit fat 5e v ,r�)'_ 7 °6Jwlrrre v 5 -�- I PREFERRED E L F 11 THIRD BANK B A N K 1 M 5 /U1 For_�`p y„, 17,9„,.dc+f �r AIIMMEMININIMOMIE • o a ra • -- _ Did you know you can access your accounts 24 hours a day, 7 days a week at www.53.com? You can view account statements, see what checks have cleared - even see images of your cleared checks. All you need is your Jeanie ® card number and password. It is safe, quick and easy. If you have questions, please contact a Customer Service Professional at 1-800-972-3030 or visit your Fifth Third Banking Center. Again,thank you for banking with us. Sincerely, /14CArt ?A9 P. Brian Moore Qaninr ZTii- PrF.cirlant P.O.Box 9995 Cincinnati Ohio 45263-9995 Date: January 24,2013 ROBERT R ARAKEL 8681 GLENEAGLE WAY NAPLES FL 34120 Dear ROBERT R ARAKEL, Thank you for banking at Fifth Third Bank.We appreciate your business and will continue to work hard to provide all the products and services to meet your financial needs.Here is the image you requested on 1/24/13. Account Number: 7430192794 Amount: $2,351.00 Posted Date: 10/04/12 Fee: Waived '-Pisil 4,1 c.t WtYw•J.i.orn— ROBERT R.ARAKEL B3-91711670 947 KATHRYN A.ARAKEL NAPLES,FL 34120 7'J A p iiP 3 57 Order of -rte ; 7151-•"! !' Gtrltp+P'i'c ! !u DoHclrs� � fJ j � l PREFERRED F i r m Tr17ftD BANK B A N N I N G 6tedr.-LIL For .—�� / 4j- ': • X 96 -. . . - _ m0 . IA • Did you know you can access your accounts 24 hours a day, 7 days a week at www.53.com? You can view account statements, see what checks have cleared - even see images of your cleared checks. All you need is your Jeanie ® card number and password.It is safe,quick and easy. If you have questions, please contact a Customer Service Professional at 1-800-972-3030 or visit your Fifth Third Banking Center.Again,thank you for banking with us. Sincerely, (---at.„ /eve, P.Brian Moore Qaninr Virg PrPCid'nt Charles Yelvington Inspection Invoice Invoice No. 50021 e�r�F.F Gam° RETAILER Inv. Date 11/28/2012 11111000 FLOORING A&M Professional Home Services a 3pEGt�Z COMMISSIONED BY: Robert Arakel 08681 GlenEagle Way Naples Fl 34120 CONSUMER Robert Arakel CFI 8681 GlenEagle Way Naples Fl 34120 SERVICES Quantity Description of Services Unit Extended 1 Resilient Inspeciton $350.00 $350.00 SERVICES SUBTOTAL $350.00 EXPENSES Quantity Description of Expenses Unit Extended Mileage, per mile $0.45 $0.00 Contractor Subdivision. EXPENSES SUBTOTAL $0.00 Lot No TOTAL DUE UPON RECEIPT $350.00 Order No Discount/Payment NEW BALANCE $350.00 Claim No Receipt Date 11-28-2012 Ck Number 966 Amount Paid $350.00 Mill Inv. No FINAL BALANCE $0.00 Balance due 15 days after invoice date.A late fee will be added to invoices Mill Inv.Date MEMO not paid in-full within 15 days of invoice date. PAID IN FULL Inspect Date Nov 26,2012 j f P.O. Box 62324 Ft Myers, Fl 33906 Ph 239-910-2357• Certified Flooring Inspector• Fax 239-491-7004 ea.g NWFA STANDARD INSPECTION REPORT FORM 1) Statement of Problem: (general nature of the problem} Vinyl Planks installed over 16 x 16 ceramic tiles, showing through 2) Detailed Physical Description: Note all relevant observations. Include a diagram if the location(s) of the problem(s)cannot be clearly described... Robert&Kathryn Arakel November 28 ,2012 8681 Glenn Eagle Way Naples Fl 34120 4- There is 2000 ft of Square ft of LVP Jatoba Mahogany vinyl plank installed over ceramic tile on a diagonal install. 4- Floating Vinyl Plank floor is installed in all areas of the house Living room Family room,master bedroom, and guest bedroom,bathrooms,Den and Kitchen -4. There are 2 Adults and also 1 cat on site. The house is well kept customer is cleaning floor with recommend cleaner floor has never been cleaned. 6ack • 2 • 3) Claim History: Explore all reasonable speculations and,when possible, either confirm or disprove them through inspection and testing. Note all sources of information included in this portion of the report. 4. Mr.Arakel Stated That: • Floor was installed on September,2012 by a ceramic tile installer,vinyl plank was in garage for a week,installer brought product into the house and installer did not acclimate the product. 4. In September of 2012 customer started noticing some planks were getting slight problems bumps in vinyl floor,Armstrong rep came out to inspect the customer was told it was not a manufacturing problem. • Installer has been to house numerous times and has danced around problem. 4 Floor is getting worse and now showing where the entire ceramic tile was not leveled correctly. 6so 3 4)Testing:. List how test was performed,physical conditions during test and results observed. I removed numerous vinyl planks and found debris from improper floor preparation and the use of Thin set mortar to level the floor,pieces of actual cuttings from the planks,under the planks causing the high spots that are seen in the pictures attached. Thin set is a very thick texture used to level and adhere ceramic tile to concrete not made for leveling smooth thin products such as vinyl or thin planks. 4- I then used my camera and took numerous pictures that speak for themselves. 4. I also verified that there were 16 x 16 ceramic tiles installed on a diagonal under the vinyl planks throughout the house... they are easily seen through the vinyl floor. 4. I immediately asked Mr.Arakel if the installer was a qualified installer for this product he told me that after Mr.Arakel started having problems he went down to Collier County License department and found out from Mr. Mike Ossorio who is License compliance supervisor for Naples that A&M Professional Home Services was licensed for ceramic tile only. He was not licensed to install any flooring products. 63 4 5) Applied Industry Standards: Reference specific industry standards that apply To the claim This Armstrong product called Luxe Plank has a special installation instructions in every box,the installer must read. 4 Page 1 section job conditions/preperations bullet 2 that's highlighted, High spots on the substrate should be leveled and low areas filled with appropriate underlayment's °4- A qualified floor installer would know that Armstrong likes you to use Armstrong floor leveler in this case it would be S- 172 floor patch or a comparable product a self Leveler would have worked better it feathers with a nice edge leaving little to scrape off for a baby smooth surface. 6 39' • • tYo q 5 6) Conclusions: Base conclusions on and support them With data presented in claims history,testing,applied industry standards and recognized industry documents. 4. Improper patching using wrong materials leaving lots of debris on the floor. 4- A flooring installer knowing his products would be on his hands and knees feeling the floor for dips and bumps with his hands and a floor scraper using a vacuum cleaner p/u debris off the floor. 4. Stay in your own trade,big jobs has high liability issues have the proper licensing for your job. rs 6 7) Identification of the Cause: Clearly state the source or cause of the problem and the resulting effect. 4 The ceramic tile is not level and some of the tile is slightly higher the installer did not correctly level the floor and he used the wrong product to do so. L All the damage to the vinyl plank is coming from ceramic tile and the botched job of patching the ceramic. 4 THIS IS AN INSTALLATION ISSUE ONLY,THE PRODUCT CANNOT BE REPAIRED IT HAS TO BE COMPLETELY REPLACED Charles Yelvington 8,(4„___7 NWFA INSPE r!�' LICENSE# P208405 634 Charles Yelvington WOOD * LAMINATE FL I] IrJ VINYL* CARPET CERAMIC TILE INSTALLATIONS Phone:239-910-2357 45 YEARS IN TRICOUNTY Fax 239-491-7004 INSPECTIONS BINDING MOISTURE INTRUSION 3 ARMSTRONG WORLD INDUSTRIES, INC. • 2500 COLUMBIA AVE., LANCASTER, PA 17603 P.O. BOX 3001, L NCAS?ER, PA 17604 Your ideas become reality„ 717 397 0611 www.armstrang.com November 5,2012 M&M Services CIO : Abbey Carpet Dear Mr./Mrs. Services Reference: Claim Inspection Thank you for allowing us the opportunity to review with you the Armstrong Luse Plank flooring material During the inspection it was determined that the flooring material is free of manufacture defect. Please refer to Armstrong World Industries web site for complete warranty info and installation instructions. We rely on our trained field staff and our dealers to review consumer concerns and make determination based on that training and experience_ Sincerely, - Gary Grail Distributor Manager Armstrong World Industries,Inc. • t°d aitOgi,V6CZ Jewaisno p9nien ugi;:0E. Zt 60 r ,i if:1 , .: -. . ,-1 a co co.L. .c _ c, .c o oa 0) - N m.�m M E co ns CO CO Q CV ■ C 8 v. EO ) z N(V.4. O. 1 1, 2 x k---cu 70.. `, .. # ' ® co 0 0 0wR *' c a a a d t=C 0Y'7 m I N V. to O•coEH'�� 'A►:34 m:=.fig._, = zd =a� - ' - — o's43-.v c G ___ ....... N c � ' .1-..=.4-S`i.� V.R'a O p ` .Ja.n-Oco arE a. 1 osi,_ . . ilimii .... __ 611 ` LUXE PLANK"and the Lynx"Installation System Patent pending. THANKYOU FOR CHOOSING ARMSTRONG®FLOORING.Properly installed and cared for your new flooring will be easy to maintain and will keep its great look for years.If you have questions or comments,please visit us at www.armstrong.com or call our Customer Relations and Technical Services at 1 800 233 3823. Product I Adhesive I Comment LUXE PLANK Lynx technology with overlapping pressure sensitive Planks are bonded to each other,not to the adhesive. substrate. WARNING EXISTING IN-PLACE RESILIENT FLOOR COV ERINGAN DASEPHAL TIC ADHES VEES L DO;„NOT SAND,D RY SWEEP;,DRY CRAPE,DRILL BEADBLAS ,OR MECHANCALLY CHIP ORPULVRZE EXISTING RSIINT FLOORING,BACKINGLINI NG" FELTASPHALTIGi'CUTBACK"ADHESIVE OROTHERADHESIVE These existing in=place products May vcontain asbestos fibers and/or crystalline siIicaAvoid creating dust Inhalation of such dust is 1,-'cancer and respiratory tract hazard Smoking by individuals exposed to asbestos fbei-s greatly increases+the risk of serious bodily harm Unless positively'certain that.the existing in place product is a non asbestos containing material you must presume it contains asbestos Regulations"may require that the material be tested todetermin_e asbestos`: '_content and may govern removal and disposal of material See current edinon'ofthe Resilient Floor Covering Institute(RFCI)publication Recommended Work Practices for Removal of Resilient Floor Coverings for instructions on removing all resilient floor covering structures or contact your retailer or Armstrong World Industries Inc 1 800 233 3823 _ The floor covering or adhesive in this package does NOT contain asbestos General Information The Lynx installation system allows the planks to be 18"well-ventilated crawl space underneath • When installing over an existing resilient floor, bonded together by an overlapped edge method.The • Suspended hardwood flooring that is fully use S-199 One-Part Embossing Leveler or S-I94 planks are not bonded directly to the subfloor and adhered,smooth and square edge without Patch,Underlayment&Embossing Leveler/S-I95 this will help hide some minor substrate irregularities texture Underlayment Additive to fill and smooth any without telegraphing through to the face of the • Single-layei;fully adhered,existing resilient embossing in the old floor. planks.The planks should be installed 1/8"away from floors—must not be foam-backed or cushion- • Embossed ceramic tile floors,ceramic and all vertical surfaces such as walls,cabinets,pipes,etc. backed marble grout joints,and irregularities in (a larger gap could cause excessive floor movement). - Ceramic tile,Terrazzo,Marble concrete should be filled and leveled using When installed in bathrooms,the gap should be filled • Polymeric Poured(seamless)Floors S-I94 Patch,Underlayment&Embossing and sealed with a good quality siliconized or acrylic DO NOT INSTALL OVER Leveler/S-195 Underlayment Additive or other caulk.The gap will then be covered with molding or - Particleboard or waferboard Armstrong cementitious underlayments. wall base.Base cabinets should not be installed on • The area to receive resilient flooring,flooring • Single-layer wood subfloors* top of the planks. Existing resilient tile floors that are below grade materials and adhesives should be maintained Included in each carton are two LUXE PLANK • Existing cushion-backed vinyl flooring between 65°F(18°C)and 85°F(29°C)for transition strips.These can be used to change • Carpet 48 hours before installation,during installation, direction during the installation process or to • Hardwood flooring that has been installed and 48 hours after completion.Maintain make repairs as discussed in the Repair Procedure directly over concrete temperatures between 55°F(13°C)and 85°F instructions. • On stairs,or,in rooms with sloping floors or (29°C)thereafter. floor drains • Resilient flooring should only be installed in Keys to Successful LUXE PLANK Installation .7-727....:-.7.-.77:77:7-....-77:-,7:-. -,77,-.-- _ -_._.._.. temperature-controlled environments.It is • Most installations will need approximately 10% *Installation directly over;single-layer wood ubfloors necessary to maintain a constant temperature. cutting allowance added to the square footage in new construction is not recommended.New Therefore,the permanent HVAC system of the room. construction should have'additonal:underlayment on must be in operation before the installation . • Proper conditioning of both the jobsite and the top_o f the subflooring and be installed os late,in the.. of resilient flooring.Portable heaters are not flooring is necessary.LUXE PLANK should not building schedule os possible after:permanent HVAC ` recommended as they may not heat the room be exposed to sudden changes in temperature is running the home is properly'conditioned,and other.., and subfloor sufficiently.Kerosene heaters or moisture/humidity. trades have completed their work. should never be used. • Store,transport and handle LUXE PLANK so • For concrete subfloors,the water vapor If it is unavoidable to install over single layer wood as to prevent any distortions.Store cartons flat, emission level should be 5 lbs./1000 sq.ft./24 subfloors,n should only happen in remodel work never on edge.Distortions will not disappear hours,or less,as determined by calcium over time.Insure that the planks are laying flat where the home has been occupied and conditioned P Y g chloride testing. fora minimum of I yea;having gone through the • Radiant heated substrates must not exceed a at time of installation. initial winter season and d -out of the new home The • Do not compress the edges of the floating ry f maximum surface temperature of 85°F(29°C). installation in any way when installing other subfloonng must meet all the substrate re—quiremen£s y Y g _ LUXE PLANK should not be exposed to direct noted below. flooring materials next to LUXE PLANK. _ _.. _ ... sunlight for prolonged periods.It can result Installation of carpet,metal strips and other in discoloration and excessive temperatures not push fullness lob Conditions/Preparations transition moldings should P g P that may cause expansion.The use of drapes • All substrates must be structurally sound,dry, into the flooring and should allow for some clean,flat,and smooth with minimal deflection. or blinds is recommended during peak sunlight slight movement wherever practical. exposure. • Protect the floor from heavy rolling loads,other Substrates must be free from excessive trades and replacement and/or movement of moisture or alkali.Remove dirt,paint,varnish, Procedure appliances by using sheets of plywood or similar. wax,oils,solvents,other foreign matter and Remove baseboard,quarter-round moldings,wall contaminates that could cause staining or base,appliances and furniture from room.For best Suitable Substrates interfere with the bond of the adhesive. results,door trim should be under-cut to allow All substrates listed must be properly prepared • High spots on the substrate should be flooring to move freely without being pinched.After and meet certain requirements.There may be leveled and low areas filled with appropriate preparation work,sweep and vacuum the entire other exceptions and special conditions for these underlayments. work area to remove all dust and debris. substrates to be suitable for the Lynx Installation • Do not use products containing petroleum, Note:Planks are easily cut with a tile cutter or System as noted below.(Refer to the Subfloors and solvents or citrus oils to prepare substrates as by using a straight edge and utility knife.Score Underlayments section of the Armstrong Guaranteed they can cause staining and expansion of the the face of the plank several times and snap it. Installation System manual,F-5061,for more details, new flooring. If it doesn't separate,lightly cut through the or visit www.floorexpert.com.) • In renovation or remodel work,remove any back on the fold mark. • Concrete—dry and smooth on all grade levels existing adhesive residue so that 100%of the • Suspended wood subfloors with approved overall area of the original substrate is exposed. wood underlayments—must have minimum of 6 3 I Layout planks until you near the end and need to cut the last Care and Maintenance , . . ,. . _ ._....-.......,._ Whenever possible,plan the layout so that the joints plank to fit.Try to avoid having planks shorter than IMPORTANT:Do not wash or scrub the new .. .. . in the planks do not fall on top of joints or seams in 8"at the ends of rows.You may have to cut some LUXE PLANK flooring for at least 5 days after the the existing substrate.The end joints of the planks additional length off the starting plank and slide the installation.This will allow the planks to become should be staggered a minimum of 6"apart.Do not first row toward the left so the last plank will be at "seated"in the adhesive and prevent excess moisture install over expansion joints. least 8"in length.Remember to leave a gap of I/8" and cleaning agents from interfering with the Determine which direction the planks will run. from the end wall and cut the last piece in that row adhesive bond. Find the center of each of the end walls(the walls to fit Proactive Protection forYour Floor perpendicular to the long dimension of the planks) Start the second row on the left side with a piece • When moving appliances or heavy furniture it • and place a pencil mark on the floor.Connect these cut to about 2/3 the length of the starting plank in is always wise to lay a plywood panel on your points by striking a chalk line down the center of the the first row.It is important to keep the end joints floor and"walk"the item across itThis protects room.Do a dry layout of planks from the center line staggered a minimum of 6"in adjacent rows your floor from scuffing and tears. to the wall running parallel to the long direction of (Figure 3).Both the long side edges and the short • Use floor protectors,such as Armstrong the planks to determine the width of the last row of ends of planks should be neatly butted against Floor Protectors,under furniture to reduce planks. adjoining planks and those in adjacent rows.Use one indentation.As a general rule of thumb,the I F_ hand to hold the plank,and the other hand to guide heavier the item,the wider the floor protector the edges into place by lowering the plank as you go. needed. CENTER It's important to butt the edges together neatly.Press • Place a walk-off mat at outside entrances to /OF ROOM into place or use a hand roller to obtain adhesion. reduce the amount of dirt brought into your l/ If the joints are not tight,pull up the plank and home.We strongly recommend mats without a reposition it immediately latex or rubber backing since these backings can Note:LUXE PLANK"is precisely made to size cause permanent discoloration. • and squareness.After the first 3 rows of planks are All Armstrong floor care products have been installed they should be checked with a string line specifically developed to care forArmstrong to insure that rows are still running straight.If they floors. Fig.I-Dry layout to determine width of 6orderplank. are not,it could be that the starting wall has some Caring forYour Floor irregularities that caused bowing in the installation.If • Sweep or vacuum regularly,to remove loose Avoid having border pieces less than 2-1/4"(5.7cm) so,the starting row of planks may have to be scribed dirt which can scratch your floor. wide for the 4-1/2"(I 1.4cm)wide planks and less and retrimmed to account for any unevenness in the Note:We do not recommend vacuums that than 3"(7.6cm)wide for the 6"(15.2cm)wide planks. wall-This can be done without having to disassemble have a beater bar since it can visibly damage If you find the border planks will be less than 1/2 the the beginning rows. your flooring surface.Additionally,we do not width of the plank,the center starting line should be recommend electric brooms with hard plastic shifted a distance equal to 1/2 the plank width.This startingwall Pared Initial bottoms with no padding as use may result in will"balance"the room and rovide for a lar er cut M.rae depart P g discoloration and deglossing. li piece at the wall. Da I/8r deceipade • Wipe up spills as soon as possible.Never use epace de II mm(1/g pa) Installation highly abrasive scrubbing tools on any resilient o■��--■--- floor. Most installations will start along the longest,straight %s ��� ��� wall in the room.The planks will be installed starting t*•.n r ���_ � • Wash your floor regularly with a vinyl floor in the corner of the room on the left side of the ong,ieurminimalea 20,12am(I1 po) ' cleaner such as Armstrong Once'n Done® starting wall(as you are facing it).The bottom rr imum b•a.edapatd,efointa Resilient&Ceramic Floor Cleaner. M inimode6"desdapvrdentoe,,Imudonc • Do NOT use detergents,abrasive cleaners,or overlap film should be exposed on the side and end ae aad mmemnima,del5zs�(bpo)au:p.t "mop and shine"products.These products may of the plank facing away from the left corner of the Fig,3-Stagger end joints by 6",cut pieces at ends of leave a dull film on our floor. starting wall(Figure 2).Remove the paper release row should be 8"or greater. y • liner exposing the adhesive on the bottom overlap Over time,if the shine on your floor begins to film. Continue installing the remaining rows in similar dull,apply Armstrong Satin Keeper°Resilient fashion.Maintain the 6"minimum staggered end joints Low Gloss Floor Finish to restore the Note:The pressure sensitive adhesive has a long between rows and maintain the gap at perimeter appearance of LUXE PLANK.Do NOT use working time after the release paper has been and vertical surfaces.After you have enough rows paste wax or solvent based polishes. removed.It must,however,be protected from dust in place,you may find it easier to turn around and • Vinyl flooring,like other types of smooth floors, and debris after the release paper is removed and work on top of the newly installed planks for the can become slippery when wetAllow time for until it is covered with another plank.If the job is remainder of the room. floor to dry after washing.Immediately wipe up stopped prior to completion,leave the release paper wet areas from spills,foreign substance,or wet intact on the long edge only,of the last row of planks. LUXE PLANK transition strips,included in each feet. carton,can be used when changing direction of the This will prevent dust or traffic from other trades S g from interfering with the adhesive's performance. installation to return into a closet or alcove area of Repair Procedure the room.LUXE PLANK transition strips are also For damaged bottom overlap film on plank Starting Wall recommended in the repair procedures for damaged prior to installation. r;rded planks(see below). f the exposed film with adhesive is severely wrinkled After the installation is completed,roll the entire or damaged prior to installation the damaged floor,in both directions with a 100-pound roller.Use portion can be removed and replaced with a piece a hand roller in confined areas where the large roller of the LUXE PLANK transition strips supplied in will not reach,such as under toe kicks. every carton.Sometimes,just bending it in the other �� direction will allow the film to lay flat enough for Bottom edeb*delankba=e Finishing the Installation sabrdapamieeta de lobar,de la bas,de la mbllia normal installation.If this doesn't work: Rebord interim...de la base de la planche Replace molding or wall base,allowing slight I.Turn the plank over so the back is exposed clearance between the molding and the planks.Nail 2. Use a utility knife to score through the back Fig.2-Left corner of starting wall. the molding to the wall surface,not through the film with a straight cut 2 inches from and flooring.At doorways and at other areas where parallel to the edge of the damaged film CAUTION Do not stand or watk on release LUXE PLANK may meet other flooring surfaces,it is 3. Make additional cuts to isolate the damaged finer,as h is extreme! sfi a Place it in a preferable to use a"T"molding or similar to cover paper Y hp rf= portion of film from the undamaged areas wastebasket immediately upon._removal from h te dank the exposed edge but not pinch the planks.Leave 4. Carefully peel the damaged area from the back a small gap between the planks and the adjoining of the plank,leaving the undamaged areas intact Begin laying the first row of planks.Place the top surface. 5.Cut a piece of the LUXE PLANK transition overlap on the exposed bottom overlap film(with When replacing appliances,or whenever moving strip to the proper length to replace the adhesive)of the preceding plank.Press into place heavy furniture over the flooring,place a wood panel damaged film to obtain adhesion.Use a hand roller if available,or, under the object.Without moving the panel,slide or 6.Strip release paper from the LUXE PLANK rub the seam with moderate hand pressure using roll the object over it.Follow with additional panels transition strip and adhere it to the back of a clean dry cloth.Neatly butt the plank face edges as needed.This prevents scratches,tears or buckling the plank in the void where the damage was together.Continue,left to right,with the first row of of the flooring material. removed(do not overlap the LUXE PLAN transition strip material on top of the existing 3.Remove the exposed,L-shaped.bottom,aver,lap._._......,.where_the_damaged plank was removed,..__,.,_ _ _. . film) film from the replacement plank.Trim it carefully Remove release paper from the LUXE PLANK r 7. Repaired plank can now be installed as normal along the edge of the plank. transition strip and insert it,adhesive side up,• For damaged plank after installation. 4.Turn the replacement plank face down and use about 1-underneath the surrounding planks.Do If a plank becomes damaged to the extent that it the trimmed film(from step 3 above)to fill in not overlap the LUXE PLANK transition strip needs to be replaced,use the following procedure. the areas on the back of the plank that does not material surrounding the opening. I. Use a sharp utility knife(razor knife)to score have film on itThis creates a uniform thickness 6. Insert the replacement plank into the opening down through the joints on all four sides of the on all 4 edges of the plank. and bond to the adhesive on the transition damaged plank.Cut completely through the 5.Cut LUXE PLANK"transition strips material strips.This method will ensure that planks rigid vinyl film backing on the plank to lengths so that it can be inserted beneath are bonded to each other,not the subfloor,as 2. Remove damaged plank. adjoining planks on all 4 sides of the opening intended with this floating installation. La planche LUXE PLANK'et le systeme de pose Lynx"" Brevet en instance. MERCI D'AVOIR CHOISI UN REVETEMENT DE SOLARMSTRONG°.Correctement pose et maintenu,votre nouveau revetement de sol sera facile a entretenir et conservera sa beaute pendant des annees.Si vous avez des questions ou des commentaires a nous soumettre,veuillez nous rendre visite I www.armstrong.com ou contacter notre Service des relations avec la clientele ou notre Service technique en composant le 1 800 233-3823. Produit I Adhesif I Commentaires LUXE PLANK Systeme de pose de plancher flottant Lynx assorti Les planches sont collees les unes aux autres,pas au de la technologie de chevauchement autoadhesif. support. AVERTISSEME•T REYETEMENTS DE SOL SOUPLES DÉJÀ EN PLACE ETADHESIFS A BASE D ASPHALTE.VOUS NE DEVEZ PAS PONCER BALAYER A SEC GRATTER ASEC,PERCER,SCIER;DECAPER NI DECHIQUETER-OU•PULVERISER.MECANIQUEMENT LES REYETEMENTS DETSOL SOUPLES DEJA EN PLACE,LES DOSSIERS D_ETAPIS,LESTHIBAUDES,LADHESIF POUR BITUME ASPHALTIQUE«FLUDIFIE»OUAUTRESADHESIFS - t j ` »tX�Y��.r,:�c� = ,Y�-9-,fig :��' x ,;.� es�,rYro suits seta en place peuvent codtenir des fibres d'amiante etfou de 1a sihce cnstallme Evitez de prodmre de Ia poussiere.Lmhalation d une k tells:pousstere resente tin risque de,cancer ou de lesion des.voles respiratoires Lusage du robot combine mane exposition aux fibres d amiante augments '.�-rte_+�;."�rl' .r y 'n'o P-•r reeZt *mss conissld em�ent le risque demaladie grave A moins detre cerEain que le produit ne contient pas d'amiante"voJsdevezpresumer qu it en contient,La l gislation prn?"rc exigerr4de soumettre lea materiaux a des essais pour_ n determiner la teneur en amiante et prescnre des methodes•Pour en lever et`elimmer tees produiEs a 1'Pour co salter lea instructions.de depose de revetemeennts de-sol souple,consultez I'editioncourante de la brochure du.Resilient Floor Covering Institute intitulee - Recommended Work Practices for Removal of Resilient Floor Coverings(Methodes recommandees pour la depose des revetemenu_ de sot souptes)Vous pouvez egalernenf'communiquer aver votre detaillant ou avecAr`msciong World Industries lnc.en composant le,1 800 23313823''.''''-'•::' Le revetertientde col et l'adhesif compris dons cet emballage,ne contiennent PAS d amiante. Information d'ordre general Le systeme de pose Lynx permet de toiler les avec le temps.Assurez-vous que les planches • Carreaux de ceramique,terrazzo,marbre planches les unes aux autres en faisant chevaucher sons disposees a plat au moment de la pose. • Revetements de sol en polymers colles les bords.Les planches ne sont pas collees • Ne comprimez pas,de quelque facon que ce (sans joints) directement au plancher brut,ce qui permet de soft,les bords du plancher flottant lorsque vous N'EFFECTUEZ PAS LA POSE SUR LES dissimuler certaines irregularites mineures du installez d'autres types de revetement de sot a MATERIAUX SUIVANTS plancher brut,qui ne ressortent pas stir la surface cote du LUXE PLANK.La pose de moquette, Panneaux de particules ou agglomeres des planches.Les planches devraient etre posses de bandes metalliques at autres moulures Planchers bruts en bois a couche unique* •a une distance de 3 mm(1/8 po)de toutes les de transition ne devrait pas appliquer de q • surfaces verticaies teller que les murs,les armoires, pression sur le plancher,mail autoriser un leger Revetement de sol deja en place en carreaux les tuyaux,etc.(un ecart plus important pourrait mouvement au besoin. couple,pose au-dessous du niveau du col • entrainer un mouvement excessif du plancher).Dans • Utilisez des feuilles de contreplaque ou autre Revetement de col en vinyls a endos coussine • les salles de bain,cet kart devrait etre cambia et moyen similaire pour proteger le plancher du Moquette • etancheise avec un produit de calfeutrage a base de passage des objets lourds stir roulettes,des Panther de bois franc installs directement sur silicone ou d'acrylique de bonne quake.L'ecart sera autres corps de metier ou du deplacement des du beton • ensuite recouvert d'une mouture ou d'une plinthe. appareils managers. Escaliers ou pieces au col en pente ou Les armoires sur plancher ne devraient pas etre comprenant des siphons de col Supports appropries - installees stir les planches. Tous les supports indiques doivent titre *La pose effectuee directement stir les planchers Deux bandes de languettes Lynx sont comprises correctement prepares at repondre a certaines Brats en;bois o couche unique'des nouvelles dans chaque carton.Elles peuvent etre utilisees pour exigences.Certaines autres exceptions at conditions constructions n'est pas recommandee.Dons• changer de sens pendant le processus de pose ou speciales peuvent s'appliquer pour adapter ces lea nouvelles constructions,une sous-couche, pour effectuer des reparations,tel qu'indique dans les supports au systeme de pose Lynx,tel qu'indique supplemenfaire devroit titre posse par-dessus le instructions relatives a la procedure de reparation. ci-apras.(Pour de plus amples renseignements, planches brut et cc,ours;turd que possible dons•reportez-vous a la section Sous-Planchers et sous- le processus de construction du bdtimant.E eejfet. Les des du succes de la pose du lorsque le ems CVCA onctienne,le bCtiment eat LUXE PLANK' couches du manuel des Systemes de pose garantis q ; f Armstrong F-5061 ou pour plus de details,consultez n conditios correctement at tips les autres corps de - Dans la plupart des car,vous devez prevoir de vwwfloorexpertcom.) Metier,ont termine leer travail: couper environ 10 h de plus de materiau que la La osesur tin larches brut en bois a couche uni ue surface de la ;tics. Beton:sec et lisse,stir toes les niveaux de sol p p 4 P • Planchers bruts en bois suspendus avec sous- ne devrait titre inevitable que dons fee projet: de • Le lieu de travail et le plancher doivent titre couche en bois approuvee:requierent un vide- renovation dons Ie`cadie.desquels la maison a ete' conditionnes de facon appropriee.Le sanitaire de 45,72 cm(18 po)correctement occupee et conditionnee pendant tin an au moins LUXE PLANK ne devrait pas etre expose a et a eu Id temps de secher o res la remiere saison des variations soudaines de temperature ou ventile en-dessous p r p. _ _ • P • Planchers en bois suspendu:tulle sur route la tiivemdle.De plus,le plancher brut doff repondre a d'humidite. surface,lisse et d'equerre,sans texture toutes les exigences de support a-dessous. • Entreposez,transportez et manipulez le • Revetements de sot souples existants a couche LUXE PLANK de facon a ce qu'il ne se deforms Conditions de travail pas.Entreposez les cartons a la amais stir lea unique,colles sur route la surface:ne doivent P P plat,l Tous les supports doivent etre strutturellement O pas etre mail dean endos en mousse ou bords.Les deformations ne disparaitront pas coussine propres,secs,rains,plats et hisses avec une 6 • • Law Offices of FricJ . Vasquez Eric J.Vasquez,Esquire* 900 Sixth Avenue South Suite 201 Naples,Florida 34102-6745 Phone:(239)430-0999 Melissa A.Vasquez,Esquire* Fax: (239)263-7164 Of Counsel *Also admitted in Massachusetts February 5, 2013 VIA REGULAR U.S.MAIL AND FAX TO: 239-252-2469 Mr. Reggie Smith, Licensing Compliance Officer Collier County Growth Management Division Planning and Regulation Operations Department Licensing Section 2800 North Horseshoe Drive Naples, Florida 34104 Re: Complaint against Alberto L. Diaz and A&M Professional Home Services, LLC. Dear Mr. Smith: • Please be advised that this office has been retained by Mr. Diaz and A&M Professional Home Services,LLC to represent them in the above referenced matter. All future communications to Mr. Diaz should be directed to this office. If a particular Assistant County Attorney is assigned to this matter please provide copy of this letter to that attorney and please ask them to contact this office at their earliest convenience. It is my understanding that a hearing before the Contractors' Licensing Board is scheduled for February 20, 2013 at 9:00 a.m. Mr. Diaz retained this office yesterday and unfortunately, I am not available on that date or at that time to attend the hearing. Please • accept this correspondence as a formal request to continue the hearing to a later date. I would also request that you coordinate the new hearing date with my office to insure that I will be available. In addition, in light of the allegations against Mr. Diaz regarding faulty workmanship, we would request a continuation of the hearing for at least thirty (30) to forty-five (45) days. We intend to obtain an expert to inspect the property and �. Mr. Reggie Smith February 5, 2013 Page Two additional time to obtain an expert is necessary. To that end, I would also request that your office make arrangements with the homeowner to schedule a time when our expert can inspect the premises and the allegedly faulty workmanship. Inspection of the flooring may reveal a potential claim the manufacturer of the flooring by the homeowner and the client. Furthermore,please consider this a public records request for copies of the entire investigation file concerning Mr. Diaz, including but not limited to, the following: • email communications; • • correspondence with the homeowner; • notes; • photographs, and; • any documents electronic or otherwise that reference the subject matter of the complaint against Mr. Diaz. If there is a cost associated with obtaining these documents please let me know so that we can obtain the requested documents as soon as possible. Email is an acceptable manner of transmitting the information to this office. According to my client, the you and your department have encouraged Mr. Diaz to pay the homeowner's demand of$17,000.00. Please provide any and all documentation which supports the homeowner's claim for damages and how the $17,000.00 was calculated. Please also provide copies of any and all communications or documentation regarding the demand for payment and the efforts by the County to encourage Mr. Diaz to accept this demand. Please confirm that the hearing before the Contractors' Licensing Board currently scheduled for February 20, 2013 at 9:00 a.m. will be continued without the need for a formal motion presented to the Board requesting same. Finally, Mr. Diaz is interested in resolving the matter prior to a hearing, if possible. Please contact me so that we can further discuss possible resolution without the necessity of a hearing. • Thank you for you attention to this matter and I look forward to talking with you soon. Very truly yed's, 614 Eric J. Vasquez EJV/mav cc: client • ,-, -.f • ..t. .;.-il ...1 '1 ,- :i01 Lucnc■IN 4...i.u.'3 --.. ;1; =In CI cn,r,--..© y:...r51 • NI-1i' •u)Or- --&-.., ) ,'o. M ri.cc.9 •:-",..0 -:,'-. ,,,.... , .- a fli ,•• a ... MIMS s-, --.. 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Growth Management Division Planning& Regulation Operations Department Licensing Section • Hand Delivery..4L1 3171, Date: 41/07/I3 Law Offices of Eric J.Vasquez 900 Sixth Avenue South, Ste.201 Naples,FL 34102 Alberto L.Diaz 07 February,2013 A&M Professional Home Services,LLC 8285 Danbury Blvd# 106 Naples,FL 34120 RE: Complaint filed against you by Robert Arakel Dear Alberto L.Diaz, A complaint has been filed against you by the above referenced individual. A hearing of this complaint will be held by the Contractors' Licensing Board on 20 March, 2013, 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(two counts), 4.1.10,and 4.1.18 of Ordinance#2006-46,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#27541. Sincerely, Reggie Smith Licensing Compliance Officer (239)252-2432 644 Growth Management Division`Planning&Regulation*2800 North Horseshoe Drive"Naples,Florida 34104"239-252-2400*www.colliergov.net 1 SmithReggie From: DeGramThomas Sent: Friday,April 05, 2013 4:59 PM To: SmithReggie Subject: RE: Confirmation of required permit as per your comments on 02-06-13 Upon review of the attached photo I am confirming that a permit is required for this project. Further,without a picture of the interior of the closet!cannot confirm if an electrical permit might also be required for lighting. If you should need further assistance please advise. Thomas C. Degram, CBO Cita'County Chief Building Official Growth Management Division 2800 N. Horseshoe Drive Naples,Florida 34104 Phone(239)252-4232 Fax(239)252-2334 { ° j A tt7'iiiC}N of 1ta . From: SmithReggie Sent: Friday,April 05, 2013 3:43 PM To: DeGramThomas Subject: Confirmation of required permit as per your comments on 02-06-13 Tom, Could you please confirm your"permit required" comments previously made for this interior closet installation in a single family home in the amount of$1950.00. Please review the attached photo for the closet described in a written contract as: install closet,6x10x2.5',drywall floor to ceiling,$1950.00. The purpose of this confirmation is for presentation to the Contractors' Licensing Board hearing on 17 April, 2013. Thanks. Reggie Smith Licensing Compliance Officer Collier County Contractors' Licensing Growth Management Division (239) 252-2432 645 ReggieSmith@Colliergov.net 1 r! {{ .-: =:r = I, rr'''==,-t , :4,,;1 .. .. . ,=1...,.,. ,,'_,r,.,,--_,,_,7. , ..,,,,.-:"-".:1,,-:.:",:.",!;':,:,"';',:1:::-:,'1":.,,:1",* ."'.#:`,,..,41.,1:47.:*.i'''''''''.:1:::'''1';':'.::::';/;1:-....'''''''.":1'.'il.:.'''lf: -'?11.-1, ..1';', ,-;.-..:s.':',',1'''')4.'''''■'.:.,"'''■,','4'...":;,''',.":".': ,, : A •. ,, . , ' t., Ar ✓, L 3 v i✓or4/r - s z ' �i S r z x glt'; py �� 'za ,4,-.1., } SY - a s E o $ i g i b" > rl e o y f t i #4 z. 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''' . - . t' ::......_•.,'-.._,',L,..... . . ., ., : • -_ ':,-: , _. .- - ' _• ,.. ' . ..7: . _ _. ; .,, ... . ...,,....... . . . ... ' ! . '''''''''7.'4'.::.';&S.1';','',r''',';,..,'.F,:47,?/., .•,,, ,,,'• ,, . ' ..., ,„, ,. , ,:■■..,,.' • " . ' . ,.'.,' • , ■■ . ,• ■■,. . 5,„ '■-,,. - ''•••... .',,-"'.,,'-;%,',.',"-i";-,,'-'•;,..-', ... . ' ..'''''.7"-.'„';c:;;=-:• ,',',.:1 . , ..•, ! • ...., • • . , .. . • '','-,;'-' -.. - Ec(Ist . . ... .. . . ... ,. . . . . ..., : ....„, . _ ,. . ....,... ORDINANCE NO. 2006-46 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE 1.6.3.45.Tile and Marble Installation Contractor requires twenty-four (24) months experience, a passing grade on an approved test and a passing grade on a business and law test,and means those persons who are qualified to set tile, marble and stone. I ' � / !)' �1 / 6 51 • ORDINANCE NO. 2006-46 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS` LICENSING BOARD ORDINANCE 4.1.2. Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. 4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced,not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the quality and/or quantity of the unfinished or finished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue,faulty workmanship exists if the work,process,product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto. 8' • Ordinance 90-105, as amended, Sections 22-201 (2) DIVISION 3. STANDARDS OF CONDUCT AND DISCIPLINE State law references: Discipline of contractors, F.S.489.129, 489.533. Sec. 22-201. Misconduct—Collier County/city certificate of competency. The following actions by a holder of a Collier County/city certificate of competency shall constitute misconduct and ground for discipline pursuant to section 22-202: (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. 6 61 4 Ordinance 90-105, as amended, Sections 22-201 (18) DIVISION 3. STANDARDS OF CONDUCT AND DISCIPLINE State law references: Discipline of contractors, F.S.489.129,489.533. Sec. 22-201. Misconduct—Collier County/city certificate of competency. The following actions by a holder of a Collier County/city certificate of competency shall constitute misconduct and ground for discipline pursuant to section 22-201: (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. 660 • ORDINANCE NO. 2006-46 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105,AS AMENDED, THE COLLIER COUNTY CONTRACTORS` LICENSING BOARD ORDINANCE 1.6.1.3. Residential Contractor requires forty-eight(48) months experience with a passing grade on an approved test and a business and law test and means a contractor whose services are limited to construction,remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two stories in height and accessory use structures in connection therewith. eio, BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA,CONTRACTORS' LICENSING BOARD Petitioner, V. Case Number: 2013-04 License Number: 34400/CFC1428056 Allen Gene Reeves D/B/A—A G Reeves LLC Respondent. ADMINISTRATIVE COMPLAINT Collier County(County)files the Administrative Complaint against Allen G. Reeves( Respondent),a State of Florida Certified Plumbing Contractor( license#CFC1428056), and states the following facts and allegations in support of the cited violations below: 1. The Respondent is currently licensed by the State of Florida as a Certified Plumbing Contractor with License number CFC1428056. 2. Under the provisions of Florida Statute 489.113(4)(b)the Collier County Contractors' Licensing Board is authorized to impose penalties against State Certified Contractors for willfully violating Building Codes. 3. Under the provisions of Collier County Ordinance 90-105,as amended,Section 22-201.1, the following actions by the holder of a Certified Plumbing Contractor License shall constitute misconduct and grounds for discipline pursuant to Section 22-202 of Collier County Ordinance 90-105, as amended. a. On January 31,2012 Allen G. Reeves/A G Reeves LLC provided proposal to representative of Cove Towers Condominium Association, Michelle Hing-Terrell,for water heater replacement,to be contracted with individual condo unit owners. b. In July of 2012 water heaters in 37 units at The Nevis building at 455 Cove Tower Dr.and the Montego building at 445 Cove Tower Dr. were replaced. c. On or about February 11, 2013, it came to the attention of the Collier County that the replacement of the 37 units took place with no permit issued,violating Section 105.1 of the 2010 Florida Building Code. Upon review of the violations by The Collier County Building Official, Tom Degram, it was then established that the violations were considered as being willful. d.Thereafter, pursuant to Collier County Ordinance 90-105, as amended,Section 22-202(b) and Section 22-202(c)the case 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 I 5. Collier County Ordinance 90-105,as amended,Section 22-201.1(2)states"Willfully violating the applicable building codes or laws of the state, city or Collier County ". WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action under Section 22-201.1 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 t e Respondent guilty of the violations charged. Dated:April 2, 2013 Signed: Collier County Contractors' Licensing Supervisor or Designee C.L.B Case 2013-04 Allen G. Reeves—D/B/A A G Reeves LLC Table of Contents El through E3—Case Summary E4 through E6—Formal Complaint E7—Notice of Hearing E8—DBPR Licensee Details E9—Collier County Registration Details E10—Proposal Ell through E15—Email correspondence between County and Cove Towers' representative E16—Email correspondence between County and Allen Reeves E17—Email correspondence between Licensing Officer and Building Official E18—2010 Florida Building Code Section 105.1 E19—Collier County Ordinance 90-105,as amended,Section 22-201.1(2) E20& E21—Previous case from February,2012 C & gov.net Report Title: Code Case Details Date: 4/2/2013 2:02:01 PM Case Number: CEMIS20130002387 Case Number: CEMIS20130002387 Status: Preliminary Review Case Type: Misconduct Date&Time Entered: 2/14/2013 12:39:15 PM Priority: Normal Entered By: lanJackson Inspector: lanJackson Case Disposition: Case Pending Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description: Allen G. Reeves/Reeves Plumbing/Water Heaters Direct.Contracted with 37 condo unit owners at 455 Cove Tower Dr and 445 Cove Tower Drive for water heater replacement.All 37 installed with no permit Location Comments: 445 and 455 Cove Tower Drive zk - .....�....a:���..� _. ..a.,..`�. .�..�,.�..�_._....�" Contractor: Plumbing ALLEN G. REEVES Ek usiness Management&Budget Office 1 Code Case Details Execution Date 4/2/2013 2:02:01 PM .�'s S�f� a�" spa 8 Desc Assigned Required Completed Outcome Comments Preliminary Investigation lanJackson 2/14/2013 2/14/2013 Needs 2/11/13. Email received from Cove Towers Investigatio Preserve Condominium Association, Inc. n Property Manager, Michelle King-Terrell (593.3977)concerning possible unpermitted water heater install at 37 condo units at 445 and 455 Cove Tower Drive. Email indicates Allen G. Reeves/Reeves Plumbing/A G Reeves LLC contracted with 37 individual condo unit owners for water heater replacement. Researching all units, found none permitted.ATF fees being attached to properties. 2/13/13. Spoke w/Mr. Reeves and advised of complaint.Arranged to meet with Mr. Reeves on 2/19/13 to discuss contracts and course of action in permitting water heaters that are installed. Dont. Investigation lanJackson 2/19/2013 2/19/2013 Complete 2/19/13. Met w/Allen Reeves(qualifier)and his son,Allen Reeves. Both acknowledged installing water heaters in units. Reeves stated"we lose jobs when we get permits". Both acknowledged the fact that they knowingly installed water heaters in units without permits. Both were advised that permits are required in these condo units for Building Code compliance. Explained County's position in considering these violations as being willful. Served Allen G. Reeves(qualifier)with Notice of Hearing for March 20.2013 CLB(signed notice attached). Will begin preparing for CLB. Emailed list of units requiring permits to Reeves. 2/20/13. Emailed Ordinance Section 22.201.1 (2)to Reeves. ;ont. Investigation lanJackson 2/26/2013 2/26/2013 Complete 2/26/13. Researched all units for permits applied for or issued to abate building code violations. No permits applied for in any of the 37 units. ;ont. Investigation lanJackson 3/4/2013 3/4/2013 Complete 3/4/13. Reeves on agenda for 3/17/13 meeting. Requested extension to April 17, 2013 meeting. Per MGO,extension granted. Will reissue Notice of Hearing :ont. Investigation lanJackson 3/8/2013 3/8/2013 Complete 3/8/13. Issued Notice of Hearing to Mr. Reeves, hand delivery(attached). ;ont. Investigation lanJackson 3/19/2013 3/19/2013 Complete 3/19/13.All permits were issued on or about 2/20/13.Was unable to find permits on 2/26/ due to permits being convenience permits and the property information not being attached to permits. Inspections performed 3/19/13. ;ont. Investigation lanJackson 3/21/2013 3/22/2013 Complete 3/20/13. Inspections passed on all permits. lusiness Management&Budget Office �� 2 code Case Details Execution Date 4/2/2013 2:02:01 PM Desc Assigned Required 'Completed Outcome Comments ;ont. Investigation lanJackson 3/27/2013 3/27/2013 Complete 3/27/13. Permits are in process of being finalized by Building Review/Permitting.Will begin preparing for 4/17/13 CLB. ivestigation lanJackson 4/4/2013 Pending .....:n-aiP;'C Violation Description Status Entered Corrected Amount Comments • .2 Misconduct State Certified Open 2/14/2013 $0 :ontractors _,�.s... .� ..<..... ...��.., __.��v`> ,�,;.,a-;-.n..__s-.m-- - ���" a�.��� �..2,��... ..c�., ' .�. Title • Reason I Result I Compliance I Fine/Day L Condition usiness Management&Budget Office 3 • • Contractors' Licensing Board 2800 North Horseshoe Drive Naples, Fl.34014 Complaint Number: 2013-04 Complainant:Any person that 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 copied of the complaint. Date:April 2, 2013 Against: Contractor's name:Allen G. Reeves Phone: 239-514-4539 Business name:A G Reeves LLC License number if known:CFC1428056 Collier County Competency number:34400 Contractor's business address: PO Box 111174 Naples, Fl 34108 Filed By: Name: Collier County Contractors Licensing/ Ian Jackson Address: 2800 North Horseshoe Dr Naples, Fl 34014 Business phone: 252-2451 Address where work done:445 and 455 Cove Tower Drive City: Naples County: Collier Date of contract: Proposal 1/31/12. 64 Date job started:Approximately July 2012 Date job completed or new home occupied: Permitted and inspected march 2013 Were there plans and specifications?Yes Is there a written contract? NA If yes, amount of Contract? NA Has Contractor been paid in full? NA If Contractor has NOT been paid in full,what amount is paid? NA Was a Building Permit obtained? Permits issued February,2013 Building Permit number if known: NA Have you communicated by letter with the licensee?Yes Date: March 7,2013 Do you have a reply?Yes 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): Section 22-201.1(2). "Willfully violating the applicable building codes or laws of the state, city or Collier County". Please state the facts which you believe substantiate your charge of misconduct against the subject contractor. List facts separately for each subsection number above: On January 31,2012 Allen G. Reeves/A G Reeves LLC provided proposal to representative of Cove Towers Condominium Association, Michelle Hing Terrell,for water heater replacement,to be contracted with individual condo unit owners. In July of 2012 water heaters in 37 units at The Nevis building at 455 Cove Tower Dr. and the Montego building at 445 Cove Tower Dr.were replaced. On or about February 11, 2013, it came to the attention of the Collier County that the replacement of the 37 units took place with no permit issued,violating Section 105.1 of the 2010 Florida Building Code. Upon review of the violations by The Collier County Building Official, Tom Degram, it was then established that the violations were considered as being willful. (complainant's signature) State of: -- C(Ct County of: r Sworn to (or affirmed) and subscribed before me this Z day of I 2013. 1 . l By �;...,. (signature of person making statement). � � O (signature of Notary Public) olit`P �* MY COMMISSION t EE 870263 CONSUELA THOMAS EXPIRES:March 26,2017 +'foF,,00 Bonded Tin Budget Beery Servioes Print, type or stamp name of Notary Public: Personally know • 1A. LA% iroduced identification. Collier County Growth Management Division/ Planning and Regulation Operations Department/ Licensing Section Hand Delivery .2/w7c-`- ( �c1 Date 3-- 7 / 3 March '1 ,2013 Allen G. Reeves PO Box 111174 Naples,Fl 34108 RE: Complaint filed against you by Collier County Contractors' Licensing regarding a violation of Collier County Ordinance 90-105, as amended, Section 22.201.1(2)on February 11, 2013. Dear : Mr. Reeves, A complaint has been filed against you by the above referenced Collier County Department Section. A hearing of this complaint will be held by the Contractors' Licensing Board on April 17,2013 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 seventeen 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. hi the event the Contractors' Licensing Board finds you in violation of Section number(s)22 201.1(2)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#34400 and/or suspension or revocation of your permit privileges against your state license# CFC1428056 . S c; eL Ia Ja\•V on Lceng Compliance Officer phone#239.252.2451 /m £1 DBPR- REEVES, ALLEN GENE; Doing Business As: A G REEVES LLC, Certified Pl... Page 1 of 1 2:14:38 PM 4/2 Licensee Details Licensee Information Name: REEVES, ALLEN GENE (Primary Name) A G REEVES LLC (DBA Name) Main Address: PO BOX 111174 NAPLES Florida 34108 County: COLLIER License Mailing: LicenseLocation: 9671 ROAD RUNNER CT ESTERO FL 33928 County: LEE License Information License Type: Certified Plumbing Contractor Rank: Cert Plumbing License Number: CFC1428056 Status: Current,Active Licensure Date: 07/28/2009 Expires: 08/31/2014 Special Qualifications Qualification Effective Construction Business 07/28/2009 View Related License Information View License Complaint 1940 North Monroe Street,Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.: The State of Florida is an AA/EEO employer.Copvrioht 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not.want your email address released in response to a public- records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions, please contact 850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1, 2012, licensees licensed under Chapter 455,F.S. must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change. https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=E88246E0BC47A2AF4BB... 4/2/2013 Licensee Number C34400 Description Type Property Alert Name A G Reeves LLC — Type [Contractor Status Active ew Master Project View All Activities for this Licensee Add a new person or business to Address Book lassifications s� Generate Defaults I Add a Classification. add a classification to this Licensee,enter text below. CityView will suggest possible matches as you type: -UMBING CONTR.-CERTIFIED rtk _ Type Date Entered 1 Status Status Date PLUMBING CONTR.-CERTIFIED 06/03/2011 Active Show,More-Fields J ( Hide or,Clear;Fields .) Unique Identifier/54621 tntractor Licensing Renewable?C License Category State - Certified 11:1 cense Issuances A Attach Driver License Photo *1 Type . . ... 1 Status 1 .Date Issued . Issuance Number . Expiration Date PLUMBING CONTR.-CERTIFIED Active 03/19/2009 3.4400:: 05/31/2014 mments ShowMoreields „ti.ideorClear;Fields,. Renewable?® State Registration Number ICFC 1428056 Unique Identifier 154621 PROPOSAL REEVES PLUMBING/WATER HEALERS DIRECT P.O.Box 111174 Naples,FL 34108 www.waterhethersdirect.net (239)261-0657 (239)514-4539 Fax#(239)947-7161 Lic#CFC 1428056 Proposal Created for: Cove Towers Preserve Michelle Hing-Terrell Ph.:239-593-3977 Email: michelle @americanpms.net January 31,2012 4c:A 121 nAmr-, 0-A 3\3-\ Option 1: Reeves Plumbing/Water Heaters Direct proposed pricing for the installation of one 80 gallon.Rheem Fury water heater with a standard 6 year warranty for$1111.94.Reeves will also provide new pvc water heater drip pans for each water heater at no additional charge. Option 2: Minimum of 8 water heaters scheduled at the same time,price would be$ 1049.40. Option 3: Minimum of 20 water heaters scheduled at the same time,price would be$948.70. *120 gallon Rheem water heaters for Penthouse units are$1997.88. *Ten year warranty Rheem water heater(with dual anode rods installed for extended tank life)is available at a discounted price of$ 139.00 additional. * All pricing includes a new Rheem water heater,necessary replacement piping,labor and tax.Any additional labor required for unforeseen circumstances(moving filter systems,water softeners,recirculating pumps,etc.)will be charged at$48.00 per'z hr.Reeves Plumbin /Watei Helium Direct witl remove and dispose of the old water heater.The disposal fee will be waived hereby propose to furnish material and labor in accordance with the aboyc specifications, For the sum of: as quoted above Payment to be made as follows:Due upon completion. Acceptance of Proposal:The above Authorized Signature; Allen G.Reeves Specifications,prices and conditions are acceptable. Valid for 30 days I hereby authorize all work specified. / f Date Authorized " G� ,,,,L, !l -- Signature f..: •i � ) l J BBB Member it*Ovatmo. ep Jacksonian From: Jacksonian Sent: Thursday, March 21, 2013 12:06 PM To: 'covetowers @comcast.net' Subject: RE: Water heaters from Reeves Plumbing Michelle, Inspections were performed this week and all passed. 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 ianjackson @colliergov.net From: Jacksonlan Sent: Tuesday, February 19, 2013 3:03 PM To: 'covetowers @comcast.net' Subject: RE: Water heaters from Reeves Plumbing The permits/ inspection cards should be on site at the time of inspection. Once the inspections have been performed and have passed,the unit owners may obtain a copy of the Certificate of Completion through the contractor. 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 ianlackson@callierclov.net From: Cove Towers Preserve [mailto:covetowers @comcast.net] Sent:Tuesday, February 19, 2013 2:32 PM To: Jacksonlan Cc: N1701 Vern Ackland Subject: RE: Water heaters from Reeves Plumbing Mr.Jackson: i do appreciate your follow up in this situation. I am pleased to hear that Mr. Reeves will be obtaining the required permits for the water heaters. Will the owners In question receive a copy of the permits once completed? ROA Matt, DILAR(az �-U ecze 1 sIk Cove Towers Preserve Condominium Association, Inc. 465 Cove Tower Drive Naples, FL 34110 Phone: 239-593-3977 Fax: 239-593-3492 email:CoveTowers(Wcomcast.net From: Jacksonlan [mailto:IanJacksonOcolliergov.net] Sent: Tuesday, February 19, 2013 11:02 AM To: covetowers( comcast.net Subject: FW: Water heaters from Reeves Plumbing Hi Michelle, I met with Allen Reeves. He acknowledged the installs and indicated that he will begin permitting the water heaters in all units that he installed the water heaters in. He may require access to the units to complete the process. The County considers his actions with Cove Towers a willful Building Code violation, of which there will likely be a hearing of the violation(s)at the March 20, 2013 Collier County Contractors' Licensing Board meeting. I've asked that he keep me updated on how the abatement of the violations progresses. I will update you as I am updated. Feel free to contact me with questions or concerns. Thank you 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 ian/ackson @colliergov.net From: Jacksonlan Sent: Tuesday, February 19, 2013 8:16 AM To: 'covelowers@comcast.net Subject: RE: Water heaters from Reeves Plumbing Hello Michelle, I've researched the units you've provided. It appears that no permit was obtained for any of the water heaters. I have a meeting scheduled with Allen Reeves this morning I'll let you know the outcome of our meeting. 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 ianjackson(c-colliergov.net 2 �,�L From: Cove Towers Preserve [mailto:covetowers @comcast.net] Sent: Monday, February 11, 2013 3:18 PM To: Jacksonlan Subject: RE: Water heaters from Reeves Plumbing Sorry Sir. 654,04,1 rtA, Jll,idati. Jli'�- vve Cove Towers Preserve Condominium Association, Inc. 465 Cove Tower Drive Naples, FL 34110 Phone:239-593-3977 Fax: 239-593-3492 email:CoveTowers@comcast.net From: Jacksonlan [mailto:IanJackson @colliergov.net] Sent: Monday, February 11, 2013 2:34 PM To: covetowerscomcast.net Subject: RE: Water heaters from Reeves Plumbing Michelle, You mentioned a document going to the unit owners with the program details.Would it be possible to have that e- mailed to me? In the meantime, I'll start researching these units for permits. I'll be in touch. Thank you. Ian Jackson License Compliance Officer Contractors'Licensing/Growth Management Division 2800 North Horseshoe Dr Naples, Fl 34104 Phone:23.9-252-2451 Fax:239-2.52-2469 ianiacksonna colliergov.net From: Cove Towers Preserve [mailto:covetowers acomcast.net] Sent: Monday, February 11, 2013 1:36 PM To: Jacksonlan Subject: Water heaters from Reeves Plumbing Hello Mr.Jackson: Our replacement water heater program took place in July 2012. This was an individual contract between Reeves Plumbing and unit owners. Nevis @ 455 Cove Tower Drive units that had replacement water heaters are as follows: 1401 1404 1204 3 �,� 1104 1001 1704 1601 1604 1502 1504 1002 904 802 804 703 704 601 602 403 Montego @ 445 Cove Tower Drive units that had replacement water heaters are as follows: 1002 1004 801 603 401 1802 1702 1703 1603 1501 1502 1503 1504 1402 1201 1202 1203 1101 Van is onti Dr-cidatie Jt i.ruj-C'Jen ce4C 4 Cove Towers Preserve Condominium Association, Inc. 465 Cove Tower Drive Naples, FL 34110 Phone:239-593-3977 Fax: 239-593-3492 email:CoveTowers@comcast.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. ,� 5 Jacksonian From: Jacksonian Sent: Wednesday, February 27, 2013 9:21 AM To: 'Al Reeves' Cc: OssorioMichael Subject: RE: Reeves Plumbing Mr. Reeves, My Supervisor, Mike Ossorio, has granted your extension to the April 17, 2013 Contractors' Licensing Board meeting.We will have to arrange for you to meet with me to issue a new Notice of Hearing. Please contact me (cell—438-5200)to schedule our meeting. Thank you. 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(colliergov.net From: Al Reeves [mailto:reevesplumbing@igmail.com] Sent: Tuesday, February 26, 2013 11:52 AM To: Jacksonlan Subject: Reeves Plumbing Mr. Jackson, The 37 permits have been purchased and will be posted today on mechanical room doors at Cove Towers. We will be calling in for inspections as soon as they are posted. Another matter, I am requesting an extension for more time to get necessary documents and an attorney. 30 days is not enough time. I am requesting an additional 30 days. Al Reeves Reeves Plumbing €L6 1 Jacksonian From: DeGramThomas Sent: Tuesday, April 02, 2013 2:16 PM To: Jacksonian Subject: RE: Water heater install at Cove Towers/A G Reeves/Reeves Plumbing/ Ian, Upon review of the attached case file it is in my opinion that this is a Willful Code Violation. Thomas £ Decram, CBD C-Per County Chief Building Official Growth Management Division 2800 N. Horseshoe Drive Naples, Florida 34104 Phone(239)252-4232 Fax(239)252-2334 f. ) '1 / Ati From: Jacksonlan Sent: Tuesday, April 02, 2013 2:07 PM To: DeGramThomas; OssorioMichael Subject: Water heater install at Cove Towers/A G Reeves/ Reeves Plumbing / Tom, Would you review attached case and advise whether building code violation is considered "willful"? Thank you. 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@colliemov.net SCOPE AND ADMINISTRATION shall be as specified in this code or by other recognized test Mechanical: standards. In the absence of recognized and accepted test methods,the building official shall approve the testing pro 1. Portable heating appliance. pro- cedures.Tests shall be performed by an approved agency. 2. Portable ventilation equipment. Reports of such tests shall be retained by the building offi 3. Portable cooling unit. cial for the period required for retention of public records. 104.11.3 Accessibility. Alternative designs and technolo 4. Steam,hot or chilled water piping within any heating gies for providing access to and usability of a facility for or cooling equipment regulated by this code. persons with disabilities shall be in accordance with provi- 5. Replacement of any part that does not alter its lions of the Florida Building Code,Accessibility. approval or make it unsafe. 6. Portable evaporative cooler. SECTION 105 7. Self-contained refrigeration system containing 10 PERMITS pounds (5 kg) or less of refrigerant and actuated by 105.1 Required.Any owner or authorized agent who intends motors of 1 horsepower(746 W)or less. to construct, enlarge,alter,repair,move,demolish, or change 8. The installation,replacement,removal or metering of the occupancy of a building or structure, or to erect, install, any load management control device. enlarge, alter, repair, remove, convert or replace any impact Plumbing: resistant coverings, electrical, gas, mechanical or plumbing system,the installation of which is regulated by this code,or to 1. The stopping of leaks in drains,water,soil,waste or cause any such work to be done,shall first make application to vent pipe, provided, however, that if any concealed the building official and obtain the required permit. trap, drain pipe, water, soil, waste or vent pipe 105.1.1 Annual facility permit. In lieu of an individual becomes defective and it becomes necessary to permit for each alteration to an existing electrical, gas, remove and replace the same with new material,such mechanical,plumbing or interior nonstructural office work shall be considered as new work and a permit the building official is authorized to issue an annual shall be obtained and inspection made as provided in permit for any occupancy to facilitate routine or emergency this code. service, repair, refurbishing, minor renovations of service 2. The clearing of stoppages or the repairing of leaks in systems or manufacturing equipment installations/reloca- pipes,valves or fixtures and the removal and reinstal- tions. The building official shall be notified of major lation of water closets,provided such repairs do not changes and shall retain the right to make inspections at the involve or require the replacement or rearrangement facility site as deemed necessary.An annual facility permit of valves,pipes or fixtures. shall be assessed with an annual fee and shall be valid for 105.2.1 Emergency repairs. Where equipment replace- one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade,as ments and repairs must be performed in an emergency situa- tion, the permit application shall be submitted within the applicable. The permit application shall contain a general ffi description of the parameters of work intended to be per- next working business day to the building ocial. formed during the year. 105/,2 Minor Repairs. Ordinary minor repairs may be 105.1.2 Annual permit records. The person to whom an made with the approval of the building official without a annual permit is issued shall keep a detailed record of alter- permit,provided the repairs do not include the cutting away ations made under such annual permit.The building official of any wall,partition or portion thereof,the removal or cut- shall have access to such records at all times or such records ting of any structural beam or load-bearing support,or the shall be filed with the building official as designated. removal or change of any required means of egress,or rear- rangement of parts of a structure affecting the egress 105.1.3 Food permit. As per Section 500.12,Florida Stat- requirements;additionally,ordinary minor repairs shall not utes,a food permit from the Department of Agriculture and include addition to,alteration of,replacement or relocation Consumer Services is required of any person who operates a of any standpipe, water supply, sewer, drainage, drain food establishment or retail store. leader,gas,soil,waste,vent or similar P�P� g i in ,electric wir- 105.2 Work exempt from permit. Exemptions from permit ing systems or mechanical equipment or other work affect- requirements of this code shall not be deemed to grant authori- ing public health or general safety,and such repairs shall not zation for any work to be done in any manner in violation of the violate any of the provisions of the technical codes. provisions of this code.Permits shall not be required for the fol- 105.2.3 Public service agencies.Reserved. lowing: Gas: 105.3 Application for permit.To obtain a permit,the appli- cant shall first file an application therefor in writing on a form 1. Portable heating appliance. furnished by the building department for that purpose.Permit 2. Replacement of any minor part that does not alter application forms shall be in the format prescribed by a local approval of equipment or make such equipment administrative board,if applicable,and u ply with the unsafe. requirements of Section 713.135(5) a Statutes. 1.4 2010 FLORIDA BUILDING CODE—BUILDING ARTICLE V. BUILDING TRADES* Page 30 of 36 Sec. 22-201.1 Misconduct--State certified contractors. The following actions by state certified contractors shall constitute misconduct and grounds for discipline pursuant to section 22-202 of this article. (1) Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage as required by Florida Statutes. (2) Wilfully violating the applicable building codes or laws of the state, city or Collier County. • (3) If the CLB finds through its public hearing process that the contractor was found by another county or municipality within the past 12 months, to have committed fraud or a willful building code violation and the CLB finds that such fraud or other willful violation would have been fraud or a willful violation if committed in Collier County or within the respective city. (4) Fraud. (Ord. No. 94-34, §4; Ord. No. 99-45, §4.2--4.2.3, 6-8-99; Ord. No. 06-46, § 1(4.1.8.2)) Sec. 22-202. Disciplinary proceedings, including minor violations. (a) There are three categories of violations: (i) violations of subsection 489.127(1), F.S.; (ii) violations of subsection 489.132(1), F.S.; and (iii) other violations within the jurisdiction of the contractor's licensing board. (1) Subsection 489.127(1), F.S., is incorporated herein. (Lack of required license, certificate, or registration). The following are designated to enforce subsection 487.127 (1), F.S.: Collier County Building Official, all license compliance officers, the chief building inspector, chief electrical inspector, chief plumbing/mechanical inspector, and/or other inspectors authorized from time-to-time by the building official. Procedures specified in this section shall apply except to the extent, if any, that Section 489.127 or Section 489.132, may require different procedure(s). The penalties for each uncontested violation of subsection 489.127(1) and/or 489.132(1), F.S., are $300.00 for the first uncontested violation and $500.00 for each subsequent uncontested violation by the same individual or entity. Penalties for contested violations of subsection 489.127(1), F.S., are as now or hereafter specified in Section 439.127, F.S. Penalties for contested violations of subsection 489.132(1), F.S., are as now or hereafter specified in Section 489.132, F.S. The citation form attached hereto as Exhibit "A" Is approved, which form may be amended from time-to-time by resolution of the board of county commissioners. (2) Minor violations: The contractor licensing supervisor or designee shall issue a "notice of noncompliance" as the county's first response to a minor violation of any provision of any regulatory law, including this section, when (i) it is reasonable for staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how to comply with the violated provision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safety, or welfare, nor created any significant threat of any such adverse affect. The notice of noncompliance should identify the specific provision that was violated, should provide information on how to comply with that provision and should specify a reasonably time for full compliance. The notice of noncompliance shall not be accompanied with any immediate threat of any monetary fine or any other disciplinary penalty, but may specify that failure of the violator to correct the violation within the time specified in the notice for compliance may result in disciplinary proceedings. Each evk http://library2.municode.com/default/DocView/10578/1/36/41?hilite=2006 46; 1/16/2009 ................... ......... . C vet Report Title: Code Case Details Date: 4/3/2013 7:41:00 AM Case Number: CECV20120003015 -:r ; Rtej ` ` �k,4. ;41 1 ,.. Case Number: CECV20120003015 Status: Closed Case Type: Code Violation Date &Time Entered: 2/28/2012 8:43:48 AM Priority: Normal Entered By: RobinGanguli Inspector: robinganguli Case Disposition: Abated by Contractor Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description: Complaint regarding installation of hot water heater in multi-family home without permit. Location Comments: 127 Fox Glen Dr. Naples, FL. 34112. Property 33883480005 Contractor A G Reeves LLC Property Owner HOUSE, EDWARD A&BARBARA R Fioo 3usiness Management& Budget Office 1 Code Case Details Execution Date 4/3/2013 7:41:00 AM 35A77.4:7114,- _ ,.was , ' �i ` a� y 'k s: et Desc Assigned Required Completed Outcome Comments preliminary Investigation robinganguli 2/23/2012 3/5/2012 Needs 2/23/12. Complaint received regarding Investigatio installation of hot water heater in multi-family n home without permit by A.G. Reeves L.L.C. On site met with property owner Mrs. House who confirmed installation by A.G. Reeves in duplex dwelling.Called qualifier Al Reeves who stated he was informed by Jamie French of a policy whereby a duplex was exempt from permitting for this application. Informed me that he would be obtaining permits if this were not accurate,and received instructions from me to call the building dept to verify. Determination made of permit requirement. Mr. Reeves to contact me upon permit issuance. 2/28/12. Phone call from Mr. Reeves. Permit #2011041432 now posted for installation. nvestigation robinganguli 3/2/2012 3/2/2012 Settled 3/2/12. Phone call received from qualifier Al Reeves advising that permit#2011041432 now in issue status for water heater installation. Enter Settlement Details robinganguli 3/2/2012 3/2/2012 Complete 3enerate Closure Documentation robinganguli 3/2/2012 3/2/2012 Complete aEa terms a Q �' - ... '=Wr #_ �, _= a x u h _. .,ate. ,......., "i -..-...,.. �?au� ... €.r ._,._z... ,. Violation Description Status Entered Corrected Amount Comments '.ommenclnq Work Without A Permit Open 2/28/2012 $0 r i e Ll if f ; rra :4. �. a.m, 1�re ik r q R ; �mr engt a ' � r , si�atIMN F . n�� , fi „k4„te., Title I Reason I Result ! Compliance ( Fine/Day } Condition VP.' 3usiness Management& Budget Office 2