FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD. DoubleTree by Hilton Orlando East- UCF High Tech Ave. Orlando, FL

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1 FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD DoubleTree by Hilton Orlando East- UCF High Tech Ave. Orlando, FL March 7, 8-10, 2017 MEETING MINUTES Approved May 12, 217 Board Members Present Christopher Cobb, Chair Rick Kane, Vice-Chair Andrew Allocco Ted Feaster Albert Korelishn Keith Lawson, II Robert Moody William Sheehan Michael Strickland Scott Thomason Jason Wolf Rachelle Wood Board Members Absent Aaron Boyette William Brian Cathey James Jim Evetts Roy Lenois Partial Absence Others Present Dan Biggins, Executive Director, DBPR Donald Shaw, Senior Management Analyst Supervisor, DBPR Aimee Odom, Government Analyst I, DBPR Brian Lynch, Regulatory Consultant, DBPR Ian Brown, Chief Construction Attorney, DBPR Ramsey Revell, Assistant Attorney, DBPR Christina Smikyle, Assistant Attorney, DBPR Rachel Clark, Legal Advisor, AGO Robert Milne, Legal Advisor, AGO Page 1 of 18

2 ADDITIONAL BUSINESS ENTITIES REVIEW Division II Board members met for Additional Business Entities Review on March 8, 2017 from 2:00 3:01pm. Mr. Thomason led the meeting. Of the 19 applications on the agenda, 12 were approved, 1 was approved contingent and 6 were denied. APPROVED (12) Barnes, Timothy Bennett, Richard Bordeau, Paul Bouchard, Donald Dawkins, Wylie Foster, Kevin Greenberg, Scott Katz, Timothy Lind, Clifford Pavese, Anthony Quian, Miguel Santiago, Jose APPROVED CONTINGENT (1) See, Eric DENIED (6) Bendana, Ricardo Boggs, Richard Gizas, Demetrios Guerra, Felix Guerra, Felix Walker, Lawrence Division I Board members met for Additional Business Entities Review on March 9, 2017, from 1:30 4:05pm. Mr. Sheehan led the meeting. Of the 42 applications on the agenda, 21 were approved, 6 were continued, 6 were approved contingent, 6 were denied, 2 were withdrawn and 1 was pulled. APPROVED (21) Bennett, Richard Bowron, Sara Byron, Glendon Cecere, Stephen Courtney, Rodney Craft, Scott Darby, Chester Glenn, Mark Gobitas, Mark Griffin, Russell Leathers, William Neal, John Page 2 of 18

3 Neal, John Pluto, William Ruckel, Larry Sinclair, Robert Smith, Michael Smith, Michael Whiddon, Roger Wood, John Zink, David CONTINUED (6) Arnold, Kelvin- 60 day continuance Chandler, Steven 90 day continuance Koehn, Danny- 30 day continuance McAnally, John- 30 day continuance Pereira, Michael- 180 day continuance Sziranko, Lincoln 180 day continuance APPROVED CONTINGENT (6) Franklin, Timothy Jaster, David Joseph, Samuel McDougall, James Motto, Michael Wood-Mark, Angel DENIED (6) Malut, Ramachandran Rawlins, John Sanches, Rosangela Seay, William Thomaidis, Dimitrios Trutwin, Joseph WITHDRAWN (2) Quijano, Luis Tripodi, Massimo PULLED (1) Edmondson, Bain APPLICATION REVIEW Division II Board members met for Application Review on March 8, 2017, from 3:14 4:30pm. Mr. Lawson led the meeting. Of the 23 applications on the agenda, 8 were approved, 8 were continued, 3 were denied, 1 was withdrawn and 1 was pulled. APPROVED (8) Bates, William downgrade to Class A Air Conditioning License Page 3 of 18

4 Burnett, Wayne Carson, Scott Fagan, Douglas Lezotte, Troy Lopez, Carlos Parke, Jessica Pollock, Rock Thuftedal, Adam CONTINUED (8) Abercrombie, David- 180 day continuance Baker, Andrew- 180 day continuance Baker, Dayman- 180 day continuance Becerra, Raul 180 day continuance Chester, Wallace- 180 day continuance Cribbs, Charles- 180 day continuance Kinsley, Kenneth- 180 day continuance Workman, Douglas- 180 day continuance DENIED (3) Cook, Steven Giordano, Michael Pieh, Bryan WITHDRAWN (1) Gill, Matthew PULLED (3) Cline, Daniel Hall, Sean McClellan, Matthew Division II voted unanimously to ratify the list of financially responsible officer approvals. Division I Board members met for Application Review on March 9, 2017, from 4:10 5:16p.m. Mr. Kane led the meeting. Of the 22 applications on the agenda, 11 were approved, 4 were continued,1 was approved contingent, 2 were denied and 3 were pulled. APPROVED (11) Burke, Richard Chambers, Michael Comeau, Randy Friemel, Todd George, Steven Guzman Rodriguez, Nestor Marerro-Santiago, Juan Rosenbaum, Darryl Schillaci, Leonard Seibert, Craig Page 4 of 18

5 Thyvenet, Randall CONTINUED (4) Clark, Nicholas- 180 day continuance Livingston, Jeffrey 180 day continuance Loth, Victor 180 day continuance McKelvie, Michael 180 day continuance APPROVED CONTINGENT (1) Rosario, Eric DENIED (2) Faiz, Ammar Martins, Larissa PULLED (3) Berrios, Ana Hahn, Roy Merrill, Anthony Division I voted unanimously to ratify the list of financially responsible officer approvals. Division II Board members met for Final Action on March 9, 2017, from 9:00am 10:19am. Mr. Cobb led the meeting. Case #(s): John Henry Avery, III License #(s): CAC Rolling Acres Place Valrico, FL Case Dismissed Present w/ counsel Case #(s): Rudolph Ambrus, Jr. License #(s): CAC NE 11th Avenue Pompano Beach, FL Satisfaction of Civil Judgment Pay costs of $ Not present Case #(s): Monica Bacca License #(s): CAC Glenview Rd. Jacksonville, FL Probation for 4 years Pay administrative fines in the amount of $5,000 and costs of $ Page 5 of 18

6 Present w/ counsel Case #(s): Louis Bruno, IV License #(s): CAC Spanish Oaks Lane Naples, FL Probation for 2 years Pay administrative fines in the amount of $5,500 and costs of $ Present w/ counsel Case #(s): Charles Collins License #(s): CFC SW 132 Court Miami, FL Probation for 4 years Pay administrative fines in the amount of $2,500 and costs of $ Present Case #(s): Justin Harrell License #(s): CAC N. Hale Ave. Tampa, FL Probation for 2 years Pay administrative fines in the amount of $2,500 and costs of $ Not present Case #(s): Justin Harrell License #(s): CAC N. Hale Ave. Tampa, FL Probation for 2 years Pay administrative fines in the amount of $2,500 and costs of $61.47 Not present Case #(s): Brian Harvey License #(s): CMC th Street Orlando, FL Probation for 4 years Page 6 of 18

7 Pay administrative fines in the amount of $10,000 and costs of $ Not present Case #(s): Jose Antonio Hernandez License #(s): CCC SW 139th Crt. Bay #10 Miami, FL Pay administrative fines in the amount of $1,000 and costs of $ Present w/ counsel Case #(s): Nolan Line License #(s): CAC th Avenue East Parrish, FL Voluntary Relinquish Not present Case #(s): Daniel Locke License #(s): CCC East Adams St. Ste, 224 Jacksonville, FL Probation for 2 years Pay administrative fines in the amount of $1,000 and costs of $ Present w/ counsel Case #(s): James McClow, Jr. License #(s): CAC th Avenue, Ste. B Largo, FL Restitution in the amount of $4,000 Probation for 2 years Pay administrative fines in the amount of $17,500 and costs of $65.98 Not present Case #(s): Kathleen Petersen License #(s): CPC57256 P.O. Box Ormond Beach, FL Pay administrative fines in the amount of $1,000 and costs of $ Present Page 7 of 18

8 Case #(s): , , Matthew Warhurst, II License #(s): CAC Mallard Trail Ponte Vedra Beach, FL Probation for 4 years Pay administrative fines in the amount of $7,500 and costs of $ Present w/ counsel Case #(s): Kipp Yoder License #(s): CAC Sunny Crest Lane Ft. Myers, FL Probation for 2 years Pay administrative fines in the amount of $3,500 and costs of $ Present Division I & II Board members met for Final Action on March 9, 2017, from 10:20am 10:26am. Mr. Cobb and Mr. Kane led the meeting. Case #(s): Lawrence Nemzek License #(s): CBC , CBC , CCC th Avenue Circle E. Palmetto, FL Probation for 4 years Pay administrative fines in the amount of $7,500 and costs of $ Not Present Division I Board members met for Final Action on March 9, 2017, from 10:36am 11:11am. Mr. Kane led the meeting. Case #(s): Stephen Campbell License #(s): CBC , CBC Campbell Ranch Run Geneva, FL Probation for 2 years Pay administrative fines in the amount of $1,750 and costs of $500 Present w/ counsel Page 8 of 18

9 Case #(s): Bruce O Fountain License #(s): CGC West Bay Drive Cocoa Beach, FL Restitution in the amount of $26,000 Probation for 4 years Pay administrative fines in the amount of $6,000 and costs of $ Not Present Case #(s): Brian Lance Harris License #(s): CGC60682, CRC N Maitland Ave. #948598, Ste.413 Maitland, FL Pay administrative fines in the amount of $100 and costs of $500 Present Case #(s): Paul Scott License #(s): CGC Brookline Avenue New Smyrna Beach, FL Pay administrative fines in the amount of $1,000 and costs of $391.2 Present PROBATION Division II Board Members convened for Probation on March 9, 2017 from 8:30am 8:56a.m. Mr. Korelishn led the meeting. BOOKHARDT, ALDON CCC57655 BROOKS, AKEEN CAC BRYANT, TED L. CCC DUGGAN, PATRICK CCC HIGGINS, JASON L SCC Page 9 of 18

10 MYERS, HAROLD CFC REEVES, TIMOTHY CAC Stays of Suspension Lifted at meeting CLEMENT, SHANE, CCC Result: Continued to next appearance PYBUS, ROBERT, CAC Result: Stay Lifted WESCOTT, JOHN H., CCC Result: Unsatisfactory Division I Board Members convened for Probation on March 9, 2017, from 11:19 11:55pm. Mr. Strickland led the meeting. ANNUNZIATA, STEVEN CGC25623 BARNEY, GARRETT, CRC BIBLE, ANDREW THOMAS, CGC BLANCO, MANUEL ENRIQUE CGC Result: Unsatisfactory BOOKHARDT, ALDON CGC BROOKS, AKEEN- CBC CALZON, BENNY CGC CHECHO, ROBERT CBC DUGGAN, PATRICK CBC FORREST, LINDA CGC Page 10 of 18

11 GANNAWAY, GUY- CGC HOOKER, JEFFREY, SR. - SCC MANCINI, JOHN- CGC MCBAYNE, TREVOR- CGC O BRIEN, MATTHEW- CBC RYNEARSON, BRUCE JR. CRC VELASQUEZ, ERNESTO- CGC Stays of Suspension Lifted at meeting CLEMENT, SHANE, CCC Result: Continued to next appearance CORREA, JUAN PABLO- CGC Result: Stay Lifted SEVERINO, ALBERT V. - CGC Result: Stay Lifted GENERAL SESSION The meeting was called to order by Chris Cobb, at 9:00am. Mr. Moody gave the Invocation. Mr. Feaster the Pledge of Allegiance. EXECUTIVE DIRECTOR S REPORT Daniel Biggins Mr. Biggins gave the following report: CILB Complaint Summary. Mr. Biggins requested the Board excuse absences for the absent board members: Mr. Evetts (Excused) Mr. Cathey (Unexcused) Mr. Boyette (Excused) Mr. Lenois partial absence (Excused) Page 11 of 18

12 Mr. Biggins updated the Board that session has started, currently we are watching Senate Bill 582 with regard to indemnity for Board members. With nothing further to report the board voted unanimously to approve this report. CHAIRMAN S REPORT Chris Cobb Mr. Cobb mentioned again that Senate Bill 582 is out there, and that each Board member has been given a list of all legislatures and he recommends everyone write letters. Mr. Evetts would also like to thank Mr. Lawson and Mr. Moody for assisting Division I members to make quorum. With nothing further to report the board voted unanimously to approve this report PROSECUTING ATTORNEY S REPORT Ian Brown Mr. Brown gave the following report: For the month of February 2017, the overall license activity case load was 971, up from 846 in January of 2017, and up from 848 in February There were 443 cases currently in Legal to be reviewed, 198 cases awaiting probable cause panel/ initial review complete, 41 cases set for probable cause, 44 cases where probable cause had been found/administrative complaints filed, 1 settlement stipulation approved, 4 informal hearings requested, 0 cases awaiting outside action, 34 cases ready for default, 82 formal hearings requested, 2 cases referred to DOAH, 37 cases in settlement negotiations, 0 case pending board date, 25 cases set for board presentation, 60 cases awaiting final orders, 0 cases under appeal and 0 cases had been reopened. For the month of February 2017, 106 cases were closed. Mr. Brown also informed the Board that we have a Unlicensed Activity presentation from Mr. Al Cheneler and Mr. Timothy McGrath. Mr. Cheneler went over the ULA cases and monies received. 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, and requested a 60 day continuance approved by the Board. RICHARD ANGERHOFER REQUEST FOR INFORMAL HEARING This was pulled from the agenda. Page 12 of 18

13 DAVID BINDSCHADLER MOTION TO RECONSIDER Mr. Bindschadler was present with Counsel. Ms. Clark presented this case stating Mr. Bindschadler s application to qualify Love s AC & Heating as an additional business, was previously reviewed and considered at the November 2016 meeting of the Board. The application was denied 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 Statutes. The Notice of Intent to Deny was filed in December of Mr. Bindschadler timely requested board reconsideration. After discussion, the board voted to vacate the previous denial and approve the application contingent. MATTHEW LEE DAVIS REQUEST FOR INFORMAL HEARING Mr. Davis was not present Ms. Clark presented this case stating Mr. Davis application for a change of status for a Certified Mechanical Contractors license was denied at the June 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 September After discussion, the board voted to uphold the denial. REUBEN ISTATIA REQUEST FOR INFORMAL HEARING Mr. Istatia was present. Ms. Clark presented this case stating Mr. Istatia s application for a Certified Roofing Contractor s license and to qualify an additional business 1 Construction and Demolition was denied at the October 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. Istatia timely requested board reconsideration. After discussion, the Board voted to vacate the previous denial and approve the application. JENNIFER JORDAN REQUEST FOR INFORMAL HEARING This was pulled from the agenda ILIA LYSSENKO REQUEST FOR INFORMAL HEARING Ms. Lyssenko was present with counsel. Ms. Clark presented this case stating Ms. Lyssenko s application for a Certified Plumbing Contractor s license inactive, was previously reviewed and considered at the June 2016 meeting of the Board. The application was denied 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 September of Ms. Lyssenko timely requested board reconsideration. Page 13 of 18

14 After discussion, the board voted to vacate the previous denial and approve the application. DAVID MERRITT REQUEST FOR INFORMAL HEARING Mr. Merritt was present. Ms. Clark presented this case stating Mr. Merritt s application for a Certified Residential Contractor s license change of status, was previously reviewed and considered at the October 2016 meeting of the Board. The application was denied for failure to demonstrate financial stability and responsibility, pursuant to section , Florida Statutes and Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in December of Mr. Merritt timely requested board reconsideration. After discussion, the board voted to vacate the previous denial and approve the application. BRIAN NIX PETITION FOR DECLARATORY STATEMENT Mr. Nix was not present. Ms. Clark presented this case stating Mr. Nix filed a petition for declaratory statement on December 12, The petition was noticed in the Florida Administrative Register on January 25, Ms. Clark noted the petition seeks the Board s clarification as to whether a Florida state license is required to install seamless gutters and down spouts. After discussion, the board voted to decline to answer the declaratory statement because the petitioner does not have standing. TRACY NIX PETITION FOR DECLARATORY STATEMENT Mr. Nix was not present. Ms. Clark presented this case stating Mr. Nix filed a petition for declaratory statement on December 12, The petition was noticed in the Florida Administrative Register on January 25, Ms. Clark noted the petition seeks the Board s clarification as to whether a Florida state license is required to install seamless gutters and down spouts. After discussion, the board voted to decline to answer the declaratory statement because the petitioner does not have standing. JOEL RAPPE REQUEST FOR INFORMAL HEARING Mr. Rappe was present. Ms. Clark presented this case stating Mr. Rappe s application for a Certified Roofing Contractor s license and to qualify an additional business, was previously reviewed and considered at the October 2016 meeting of the Board. The application was denied for failure to demonstrate the required experienced, pursuant to section , Florida Statute, and Rule 61G Florida Page 14 of 18

15 Administrative Code. The Notice of Intent to Deny was filed in December of Mr. Rappe timely requested board reconsideration. After discussion, the board voted to vacate the previous denial and approve the application. REGINALD REED JR. - REQUEST FOR INFORMAL HEARING Mr. Reed was not present and requests a 90 day continuance. The board granted the continuance. KEITH SESSLER REQUEST FOR INFORMAL HEARING Mr. Sessler was present. Ms. Clark presented this case stating Mr.Sessler s application for a Certified Roofing Contractor s license, was previously reviewed and considered at the November 2016 meeting of the Board. The application was denied for failure to demonstrate the required experienced, pursuant to section , Florida Statute, and Rule 61G Florida Administrative Code. The Notice of Intent to Deny was filed in December of Mr. Sessler timely requested board reconsideration. After discussion, the board voted to vacate the previous denial and approve the application. MICHAEL JAY STYER REQUEST FOR INFORMAL HEARING Mr. Styer was present. Ms. Clark presented this case stating Mr. Styer s application for a Certified Building Contractor s license was denied at the October 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. Styer timely requested board reconsideration. After discussion, the Board voted to grant a 180 day continuance. WILLIAM T. WALKER REQUEST FOR INFORMAL HEARING Mr. Walker was present with counsel. Ms. Clark presented this case stating Mr. Walker s application for a Certified Class B Air Conditioning Contractor s 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. Walker timely requested board reconsideration. After discussion, the Board voted to vacate the previous denial and approve the application. COMMITTEE REPORTS EXAMS/CE/PUBLIC AWARENESS COMMITTEE Andy Allocco Page 15 of 18

16 Mr. Allocco gave the following report: EDUCATION INSTITUTE OF FLORIDA, INC. 1 st course: Ethics in Construction: approved 2 nd course: OSHA Updates for the Construction Industry: approved 3 rd course: The Impact of the Legalization of Marijuana on the Construction Industry: approved FEDERAL ALLIANCE FOR SAFE HOMES FLASH, INC. 1 st course: Understanding the Residential Code with a Focus on Florida Natural Hazards: approved FRSA EDUCATIONAL AND RESEARCH FOUNDATION 1 st course: Marketing Is It a Good Idea?: approved 2 nd course: Ethics in Construction: approved 3 rd course: Hire Smart, Manage Smart, Sell Smart: approved 4 th course: OSHA Updates for the Construction Industry: approved 5 th course: The Impact of the Legalization of Marijuana on the Construction Industry: approved 6 th course: Workers Compensation Claims Reporting by Employers: approved GENERAL HOME INSPECTIONS, INC. 1 st course: 4 Point and Roof Certification Inspections: approved INFORMATION AND RESOURCES FOR PROFESSIONALS, LLC 1 st course: How Did That Get There? An Interactive Journey Into Unpermitted Work and Outstanding Permits: approved JC CODE & CONSTRUCTION CONSULTANTS, INC. 1 st course: 6 th Edition (2017) FBC Residential Mechanical, Plumbing, and Fuel Gas Provisions: approved 2 nd course: An Overview of the 2014 NEC, Ch. 1-3: approved 3 rd course: An Overview of the 2014 NEC, Ch 4-9: approved KIRWIN NORRIS, P.A. 1 st course: Contract Risk Considerations: denied 2 nd course: Delay! The Project is Late What Do You Do and How Do You Allocated the Delay?: denied 3 rd course: Effective Project Documentation and Management: denied Page 16 of 18

17 MIAMI DADE COLLEGE 1 st course: Roofing Waterproofing : denied MIKE HOLT ENTERPRISES, INC. 1 st course: 2017 NEC Changes Live Seminar: denied 2 nd course: Business Skills: denied RULES/PUBLIC/LEGISLATIVE COMMITTEE Roy Lenois Ms. Clark gave the following report: 61G : Certification for Trenchless Technology Specialty Contractors Rule will be addressed at a future meeting 61G : Definitions (Pool) Sent to OFAAR: 12/4/15, 5/19/16, 9/7/16 Rules Development Published:12/21/15, 5/31/16, 9/9/16 61G : Definitions Sent to OFAAR: 5/19/2016 Rules Development Published:5/31/ G : Duration of Validity Sent to OFAAR: 12/19/16 Rules Development Published:12/30/16 Rule Comment received 1/19/17 61G : Continuing Education Requirements for Certificate holders and Registrants Language approved by board: 2/10/17 Presentation by Andy Janacek, Executive Director of Bureau of Education and Testing, along with Alex Bosque also from the Bureau of Education and Testing: They request the Board to open rule 61G Written Certification Examination Requirements and to approve the language provided. The board voted to open the rule and approve the language. With nothing further to report the board voted to approve this report. RECOVERY FUND COMMITTEE Rick Kane Mr. Kane gave the following report: Harvey vs. Eggertsson; Claim No : $36, Castro vs. Kazmierczak; Claim No : $50, Swami vs. Butler; Claim No : $50, Bagchi vs. DiSimone; Claim No : $28, Page 17 of 18

18 Campbell vs. Rodriguez- Jomoica; Claim No : $50, Brandt vs. Billups; Claim No : $11, Fullerton vs. Fife; Claim No : $30, Shellman vs. McGuire; Claim No : $23, Hernandez vs. Laskowitz; Claim No : $30, Signorella vs. Hernandez; Claim No : $6, Wadhawani vs. Mirabella; Claim No : $22, Solada vs. Neuzil; Claim No : $50, Sampson vs. Piper; Claim No : denied Tolbert vs. Olivera; Claim No : denied OLD BUSINESS Removal of old materials from laptops. NEW BUSINESS: Discussion for a Business Practices class for people with financial difficulties. With no further business the meeting was adjourned at 11:12am. Page 18 of 18