FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD. Streamsong Resort 1000 Streamsong Drive Streamsong, FL July 11, 12-14, 2017

Transcription

1 FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD Streamsong Resort 1000 Streamsong Drive Streamsong, FL July 11, 12-14, 2017 MEETING MINUTES Approved October 13, 2017 Board Members Present Christopher Cobb, Chair Rick Kane, Vice Chair Andrew Allocco Aaron Boyette Frank Cawthon Ted Feaster Albert Korelishn Edgar Laney Rachelle Wood Board Members Absent William Brian Cathey James Jim Evetts (partial) Keith Lawson, II Roy Lenois (partial) Robert Maphis Michael Strickland Scott Thomason Others Present Dan Biggins, Executive Director, DBPR Donald Shaw, Senior Management Analyst Supervisor, DBPR Aimee Odom, Government Analyst I, DBPR Ian Brown, Chief Construction Attorney, DBPR Clayton Osteen, Deputy Chief Construction Attorney, DBPR Jerry Hosey, Assistant Construction Attorney, DBPR Rachel Clark, Legal Advisor, AGO Page 1 of 17

2 ADDITIONAL BUSINESS ENTITIES REVIEW DIVISION II Division II Board members met for Additional Business Entities Review on July 12, 2017 from 2:00-2:46pm. Mr. Cobb led the meeting. Of the 12 applications on the agenda, 6 were approved, 1 was approved contingent, 2 were continued, 2 were denied and 1 was pulled. APPROVED (6) Phillips, Darius Powell, Derek Sarentino, Laura Weaver, William Williams, Edward Wilson, R Reed APPROVED CONTINGENT (1) McMeans, Micah CONTINUED (2) Ball, Donovan- 60 day continuance Schulze, Steven- 30 day continuance DENIED (2) Cyr, Dean Inderjeet, Ishwar PULLED (1) Kennedy, Scott APPLICATION REVIEW DIVISION II Division II Board members met for Application Review on July 12, 2017, from 3:00 4:41pm. Ms. Wood led the meeting. Of the 27 applications on the agenda, 14 were approved, 4 were continued, 6 were denied, 2 were withdrawn and 1 was pulled. APPROVED (14) Bailey, Shayne Baucom, Herbert Blank, Kirk Copas, Michael Friga, Derrick Harris, Hayley Helms, Justin Hill, Gary Hoff, Scott Hogle, Jacob Parnak, Ewa Shippert, Cary Tokarev, Igor Page 2 of 17

3 Vazquez, Oscar CONTINUED (4) Lechner, Edward- 90 day continuance Murray, Omari- 180 day continuance Pescow, Jeremy- 30 day continuance Reidy, David- 180 day continuance DENIED (6) Barrientos, Walter Jones, Brian Lupianez, Jose May, William Mobley, Joseph Prado, Michael WITHDRAWN (2) Moon, Weldon Rubinstein, Michell PULLED (1) Fausette, Jason Division II voted unanimously to ratify the list of financially responsible officer approvals. ADDITIONAL BUSINESS ENTITIES REVIEW DIVISION I Division I Board members met for Additional Business Entities Review on July 13, 2017, from 1:48 2:54pm. Mr. Boyette led the meeting. Of the 27 applications on the agenda, 10 were approved, 8 were approved contingent, 4 were continued, 4 were denied and 1 was pulled. APPROVED (10) Bowling, Derrick Carmel, Kevin Evans, Elizabeth Fader, Wilbert Gazes, Christopher Margaritini, Breno Masiku, Robert Neira, Manuel Ravenna, Ricardo Sziranko, Lincoln APPROVED CONTINGENT (8) Beauregard, Robert Bourdage, Jacob Collings, Ricardo Laine, Marc Pereira, Robert Page 3 of 17

4 Quintana, Jaime Woodward, Chris Zechel, Adolf CONTINUED (4) Brammer, Charles- 30 day continuance Pinto, Anderson- 30 day continuance Shamblin, Robert- 60 day continuance Waterman, Kurt- 180 day continuance DENIED (4) Foens, John Guerra, Felix de Jesus Jorge, Freddy Rivero, Alfredo PULLED (1) Redding, Keith APPLICATION REVIEW DIVISION I Division I Board members met for Application Review on July 13, 2017, from 3:06 3:49p.m. Mr. Evetts led the meeting. Of the 28 applications on the agenda, 7 were approved, 3 were continued, 1 was approved contingent and 3 were denied. APPROVED (7) Farmer, Harley Guerrero, Ernesto Justin, Logan Milner, John Roberts, Randall Shippert, Cary Thomsen, Eric CONTINUED (3) Barney, Chelsea- 30 day continuance Dandrow, Richard- 120 day continuance Roberto, Dante- 120 day continuance APPROVED CONTINGENT (1) Colebrooke, Frederick DENIED (3) Crouse, George Gentry, Wayne Jennings, Kyle Division I voted unanimously to ratify the list of financially responsible officer approvals. Page 4 of 17

5 Division II Board members met for Final Action on July 13, 2017, from 9:07am 10:18am. Mr. Cobb led the meeting. Case #(s): Frederick Eugene Adams License #(s): CPC th Street Fellsmere, FL Pay administrative fines in the amount of $5,000 and costs of $59.20 Case #(s): Janette Chaviano Alonso License #(s): CAC SW 78th Drive, Apt. 281 Gainesville, FL Probation for 2 years Pay administrative fines in the amount of $5,000 and costs of $ Case #(s): , Michael Beard License #(s): CCC White Jasmine Way St. Johns, FL Pay administrative fines in the amount of $4,000 and costs of $ Case #(s): Dante Michael Corrente License #(s): CPC Arden Street Longwood, FL Restitution in the amount of $5, Probation for 2 years Pay administrative fines in the amount of $8,500 and costs of $68.91 Case #(s): Roseline Duberceau Baptiste License #(s): CCC Northwest 26th Court Cooper City, FL Probation for 2 years Page 5 of 17

6 Pay administrative fines in the amount of $3,500 and costs of $ Case #(s): Edgardo Garcia License #(s): CMC S. State Rd. Ste. 704 Davie, FL Pay administrative fines in the amount of $3,000 and costs of $ Present with translator Case #(s): Justin Harrell License #(s): CAC N. Hale Ave. Tampa, FL revocation Pay administrative fines in the amount of $10,000 and costs of $ Present with Counsel at hearing Case #(s): Kyle J. Hunt License #(s): CAC US Hwy 41, Bypass #298 Venice, FL Probation for 4 years Pay administrative fines in the amount of $6,000 and costs of $ Present at hearing Case #(s): Michael Minor Jr. License #(s): CFC Taylor Correctional Institution, 8501 Hampton Springs Rd. Perry, FL32348 Voluntary relinquishment Case #(s): Robert L. Ritthaler Jr. License #(s): CAC Keats Drive Sarasota, FL Pay administrative fines in the amount of $ and costs of $ Present with Counsel at hearing Page 6 of 17

7 Case #(s): Anthony R. Smith License #(s): CAC nd Terrace S., Unit D Boynton Beach, FL Pay administrative fines in the amount of $3,000 and costs of $ Case #(s): James L. Underwood License #(s): CCC Mercury Ave. #206 Palm Bay, FL revocation Pay administrative fines in the amount of $20,000 and costs of $52.43 Case #(s): Ulises R. Wiltz License #(s): CCC SW 120th Street, Ste. 125 Miami, FL revocation Pay administrative fines in the amount of $20,000 and costs of $ Case #(s): Carey Zarm License #(s): CAC Potomac Drive Merritt Island, FL Pay administrative fines in the amount of $2,000 and costs of $ Present with Counsel at hearing Division I & II Board members met for Final Action on July 13, 2017, from 10:32am 10:55am. Mr. Cobb and Mr. Kane led the meeting. Case #(s): Mark Konnick License #(s): CGC , CCC Gulf Blvd. Ste Clearwater, FL Revocation Restitution in the amount of $1, Pay administrative fines in the amount of $20,000 and costs of $48.59 Page 7 of 17

8 Case #(s): Joseph Minardi License #(s): CBC , CAC N. Coolidge Ave. Tampa, FL Probation for 2 years Pay administrative fines in the amount of $7,000 and costs of $ Present at hearing Case #(s): , Christopher O'Neil License #(s): SCC , SCC SW 4th Street Plantation, FL Probation for 6 years Case #(s): Michael Wattner License #(s): CGC , CCC SW 88th Ave. Miami, FL Pay administrative fines in the amount of $ and costs of $ Division I Board members met for Final Action on July 13, 2017, from 11:02am 11:36am. Mr. Kane led the meeting. Case #(s): Gerardo Cancino License #(s): CGC SE Gomez Ave. Hobe Sound, FL Probation for 4 years Pay administrative fines in the amount of $15,000 and costs of $ Present at hearing Case #(s): Hernan Javier Castano License #(s): CBC Exchange Avenue Naples, FL Pay administrative fines in the amount of $3,000 and costs of $ Page 8 of 17

9 Case #(s): Michael J. Cawley License #(s): CGC7040, CGC P.O. Box 9762 Tampa, FL Revocation- stayed Restitution in the amount of $38, Probation for 4 years Pay administrative fines in the amount of $12,500 and costs of $49.04 Case #(s): Jesse Decicco License #(s): CRC N. Tamiami Trail North Ft. Myers, FL Pay administrative fines in the amount of $6,000 and costs of $ Present at hearing Case #(s): , , , , , , John Cullen Gannaway License #(s): CGC nd Avenue North, #4 Lake Worth, FL Revocation- stayed obtain passing final inspections on all project permits Probation for 6 years Pay administrative fines in the amount of $7,500 and costs of $2, Present at hearing Case #(s): Valeri Kouzine License #(s): CBC S. Conference Drive. Unit B Boca Raton, FL Probation for 4 years Pay administrative fines in the amount of $5,000 and costs of $ Present at hearing Case #(s): Justin A. Mock License #(s): CGC Seminole Blvd. Unit #1 Seminole, FL Page 9 of 17

10 Probation for 4 years Pay administrative fines in the amount of $7,500 and costs of $ Present at hearing Case #(s): Alain M. Reyna License #(s): CGC Century Correcetional Institution, 400 Tedder Rd. Century, FL Revocation Pay administrative fines in the amount of $20,000 and costs of $ Case #(s): Jessica Santana License #(s): CRC PULLED Case #(s): Sean Gregory Steele License #(s): CBC Chapel Tree Circle East Brandon, FL Probation for 2 years Pay administrative fines in the amount of $18,000 and costs of $45.20 Case #(s): Kevin J. Sullivan License #(s): CRC P.O. Box 2028 Stuart, FL Restitution in the amount of $19, Case #(s): Mario Wilson License #(s): CGC S. Orange Blossom Trail, Ste. 200 Orlando, FL Probation for 2 years Pay administrative fines in the amount of $10,000 and costs of $ Page 10 of 17

11 PROBATION Division II Board Members convened for Probation on July 13, 2017 from 8:30am 9:06a.m. Mr. Korelishn led the meeting. CABALLERIO, ISAAC CMC , CFC CARDON, KEITH CAC CRUZ, RODOLFO CCC , CAC , CFC Result: Unsatisfactory HENDERSON, MICHAEL CCC LEBRON, MELISSA CCC OLIVER, HUMBERTO RP PRINCE, LYNN RA PROVENCAL, LARRY CCC REIDY, DAVID CVC56975 SHEFFIELD, JEFFREY CCC TURNER, BILLY CCC Division I Board Members convened for Probation on July , from 11:39 12:42pm. Mr. Feaster led the meeting. ALLEN, STEVEN CBC AMBROSE, JOSEPH, CGC Reconsideration of 1/2017 packet: Unsatisfactory Page 11 of 17

12 ANISKEWICZ, CHRISTOPHER, CBC BURNS, BRIAN CGC Result: Unsatisfactory BUTLER, SAMUEL CGC CABALLEIRO, ISAAC- CGC CRUZ, RODOLFO CGC DAVIS, JOEL CGC KNIGHTEN, LISA CBC Result: Continued by Board LEWIS, DAVID P. CRC36703 MARRA, RONALD CGC Motion to lift suspension: Lifted MERRITT, DONALD CBC MILLIGAN, ROBERT CBC NORTHWAY, BRYAN CGC ORMAN, MARK CGC PROVENCAL, LARRY CGC RENTZ, NAKOTO CGC61005 Result: Continued 30 days RUKSE, JOSEPH CRC Page 12 of 17

13 SHEFFIELD, JEFFREY CBC SMALL, BENNIE CGC Stays of Suspension Lifted at meeting ANDERSON, ESTON- CGC Result: Stay lifted BOUTROS, DAVID CBC Result: Continued 30 days BOUTROS, DAVID CBC Result: Continued 30 days CAVALIER, JOHN CGC Result: Stay lifted PRINCE, JARED CRC Result: Unsatisfactory SILAS, PATRICK CBC Result: Continued 30 days STEARN, DANA CGC Result: Continued to next regularly scheduled appearance GENERAL SESSION The meeting was called to order by Chris Cobb, at 9:01am. Mr. Boyette gave the Invocation. Mr. Feaster led the Pledge of Allegiance. EXECUTIVE DIRECTOR S REPORT Daniel Biggins Mr. Biggins requested the Board excuse absences for the absent board members: Mr. Lawson Mr. Strickland Mr. Cathey Mr. Thomason Mr. Maphis Mr. Lenois (partial absence) Mr. Evetts (partial absence) Mr. Biggins informed the board that the Department has a new Secretary, Mr. Jonathan Zachem. There is a new website openmyfloridabusiness.gov for those interested in opening businesses in our State. Page 13 of 17

14 With nothing further to report the board voted unanimously to approve this report. CHAIRMAN S REPORT Chris Cobb Mr. Cobb recognized the quorum issues the Board has been having lately. Mr. Cobb also would like to thank our Board Attorney, Rachel Clark for always being on point and guiding the Board in the right direction. Mr. Cobb stated that financial disclosure forms are due and to please provide them to the Board office. Mr. Cobb also informed the Board that the legislature will be having an early session this upcoming year and that now is a great time to write their legislators regarding the anti-trust law. Mr. Cobb recognized former board member, Mr. Bob Moody for his ten years of service to the board filling our Underground Utility seat from He commended his remarkable attendance and his dedication to the Board and to the contractors in the State of Florida, and thanked him for his service. PROSECUTING ATTORNEY S REPORT Ian Brown Mr. Brown gave the following report: The case report will now be included in your materials ahead of time so this month there is nothing to provide. Mr. Brown mentioned that they need volunteers for Probable Cause. He also mentioned that former Department attorney Daniel Brackett, Clayton Osteen and himself were all nominated for the Florida Legal Elite With nothing further to report the board voted unanimously to approve this report. ATTORNEY GENERAL S REPORT Rachel Clark KEVIN M. ADAMS REQUEST FOR INFORMAL HEARING Mr. Adams was present with Counsel. Ms. Clark presented this case stating Mr. Adams application for a Certified Roofing Contractors license was denied at the November 2016 meeting of the Board for failure to demonstrate the required experience, pursuant to section , Florida Statutes, and Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in December of Mr. Adams timely requested board reconsideration. After discussion, the board voted to vacate the previous denial and approve the application. CITY OF TAMPA WATER DEPARTMENT PETITION FOR DECLARATORY STATEMENT Mr. McKenzie was present on behalf of City of Tampa Water Department. Page 14 of 17

15 Ms. Clark presented this case stating Mr. McKenzie filed a petition for declaratory statement on May 12, The petition was noticed in the Florida Administrative Register on June 5, Ms. Clark noted the petition seeks the Board s clarification of s (2), F.S., and asks the Board if licensure as a plumbing contractor or an underground utility and excavation contractor as defined in s (3)(m) and (n), F.S., is required for water meter replacements. After discussion, the board voted to decline to answer the declaratory statement because the petition appears to apply to the conduct of another, the Board does not have jurisdiction over Rule , Fla. Admin. Code, nor does it have jurisdiction over the Department of Environmental Protection. GLENDA COLLETT REQUEST FOR INFORMAL HEARING This hearing was pulled from the agenda. JOHNPAUL MERINO MOTION TO RECONSIDER This hearing was continued to August 2017 ALEJANDRO ONDARZA REQUEST FOR INFORMAL HEARING Mr. Ondarza was not present. Ms. Clark presented this case stating Mr. Ondarza s application to qualify 1 st Choice Restoration LLC, as an additional business was denied at the January 2017 meeting of the Board for failure to demonstrate the qualifying agent would have the ability to supervise the construction work and business activities of the organization, as required by section , Florida Statute. The Notice of Intent to Deny was filed in March of Mr. Ondarza timely requested board reconsideration. After discussion, the board voted to vacate the previous denial and allow the applicant to withdraw the application. STEVEN SCHROEDER REQUEST FOR INFORMAL HEARING Mr. Schroeder was present. Ms. Clark presented this case stating Mr. Schroeder s application for a Certified Class A Air Conditioning Contractors license was denied at the April 2017 meeting of the Board for failure to demonstrate the required experience, pursuant to section , Florida Statutes, and Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in May of Mr. Schroeder timely requested board reconsideration. After discussion, the board voted to vacate the previous denial and approve the downgrade to a Class B air conditioning contractor. PHILIP ST. LOUIS REQUEST FOR INFORMAL HEARING This hearing was continued to August Page 15 of 17

16 COMMITTEE REPORTS EXAMS/CE/PUBLIC AWARENESS COMMITTEE Andy Allocco Mr. Allocco gave the following 1 st ATTEMPT (TRADESMANCE.COM) 1 st course: 1 Year License 7 Hour Florida Contractor CE Course:approved 2 nd course: 14 Hour FL Contractor: Basic Builder Fundamentals: approved 3 rd course: 14 Hour FL Contractor: Intro to Green Practices: approved 4 th course: 14 Hour FL Mechanical/HVAC Contractor: Basic Builder Fundamentals: approved 5 th course: 14 Hour FL Plumbing Contractor: Basic Builder Fundamentals: approved 6 th course: 14 Hour FL Plumbing Contractor: Intro to Green Practices: approved 7 th course: 14 Hour FL Mechanical/HVAC Contractor: Intro to Green Practices: HOME PREP A DIVISION OF STAUTZENBERGER COLLEGE 1 st course: 1 Fourteen Hour Contractor Continuing Education: denied ADCOX GROUP, INC 1 st course: Stairs Construction, OSHA Requirements, FL Building Code Requirements: approved contingent BRACKEN ENGINEERING, INC. 1 st course: Signing, Sealing, & AHJ Review of Electronic Documents: approved 2 nd course: Signing, Sealing, Florida s Engineering Rules, & AHJ: approved FLORIDA CONTRACTORS SCHOOL OF CONTINUING ED 1 st course: Core Course Requirements for Contractors: approved 2 nd course: Managing Your Construction Business: approved FLORIDA POOL & SPA ASSOCIATION DBA FLORIDA SWIMMING POOL ASSOCIATION 1 st course: Driver Awareness and Managing Risk: approved INTEGRITY SALES AND MARKETING, INC. 1 st course: Pumps and Controls: approved contingent JC CODE & CONSTRUCTION CONSULTANTS, INC. 1 st course: Protecting Building Utilities from Flood Damage : approved contingent PDH ACADEMY, LLC 1 st course: Florida Wind Mitigation Inspection Course: approved PINCH A PENNY, INC. 1 st course: Finding Leaks: approved 2 nd course: Prevention and Removal of Stains and Discoloration: approved Page 16 of 17

17 SEMINAR GROUP 1 st course: 6 th Annual Construction Law in Florida: approved SOUTHERN PIPE AND SUPPLY 1 st course: Troubleshooting the Refrigerant System : denied RULES/PUBLIC/LEGISLATIVE COMMITTEE Chris Cobb Ms. Clark gave the following report: 61G : Written Certification Examination Requirements Sent to OFAAR: 3/29/2017 Rules Development Published: 4/ Notice Published: 5/10/2017 Certification to Adopt Requested: 06/07/2017 Adopted: 06/14/2017 Effective: 07/04/ G : Continuing Education Requirements for Certificate holders and Registrants Language approved by board: 2/10/2017 Sent to OFAAR: 3/13/2017 Rule Development Published: 3/22/2017 Notice Published: 4/07/2017 JAPC Lttr: 4/11/2017 Atty Response: 5/30/2017 JAPC Lttr: 06/08/2017 JAPC Lttr: 06/13/2017 With nothing further to report the board voted to approve this report. OLD BUSINESS Removal of old materials from laptops. NEW BUSINESS Public comment was provided by Ellen Sakamoto of RedVector regarding student interactivity for online continuing education courses. A motion was made and passed unanimously to open Rule 61G for development. In conjunction with this motion, another motion was made and passed unanimously to remove the requirement that licensee s on probation be required to submit financial statements with their probation packets. With no further business the meeting was adjourned at 10:28 am. Page 17 of 17