FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD. Embassy Suites Tampa/USF 3705 Spectrum Blvd Tampa, FL August 10-12, 2011

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1 FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD Embassy Suites Tampa/USF 3705 Spectrum Blvd Tampa, FL August 10-12, 2011 MEETING MINUTES Approved 9/16/2011 Board Members Present Mark Pietanza, Chair James C. Evetts Albert Korelishn Roy R. Lenois William Sheehan Jerry D. Hussey Carl Engelmeier W. Brian Cathey Peggy Bailey Robert Moody Kristen Beall Edward Weller Paul Del Vecchio Michelle Kane Board Members Absent Elbert Batton (Friday only) Others Present G. W. Harrell, Executive Director, DBPR Amanda Wynn, Government Analyst, DBPR David Spingler, Government Analyst, DBPR Daniel Biggins, Legal Advisor, AGO Paul Waters, Chief Prosecuting Attorney, DBPR Page 1 of 16

2 ADDITIONAL BUSINESS ENTITIES REVIEW Division I board members met for Additional Business Entities Review on August 10, 2011 from 2:04 pm to 2:55 pm. Mr. Evetts led the meeting. Of the 16 applications scheduled for review, 8 were approved, 4 were approved conditional, 3 were denied, and 1 was continued. APPROVED (8) Bass, Kevin Darkes, Michael Duke, James Engeman, Gary Gude, David Metzgar, James Peters, John Rinnert, Bret CONDITIONAL APPROVALS (4) Buley, Scott 4 years probation Luvara, Antonio 2 years probation Taylor, Charles Probation for 3 years or until a credit score of 660 or higher is provided Ziegler, Dwayne Probation for 2 years or until a credit score of 660 or higher is provided DENIED (3) Ghazvini, Behzad Gorin, Moises Minus, Joseph CONTINUED (1) Ferreira De Melo, Martin 30 days Division II Board members met for Additional Business Entities Review on August 11, 2011 from 4:03 pm to 5:02 pm. Mr. Pietanza led the meeting. Of the 13 applications scheduled for review, 8 were approved, 2 were denied, 1 was approved contingent, and 2 were continued. APPROVED (8) Bourbeau, Randy Brokaw, Jonathan Browning, Kathy Diaz, Rigoberto Lee, Alvin Lind, Clifford Moore, Tony Rinnert, Bret CONTINGENT APPROVALS (1) Page 2 of 16

3 Bostick, Derek Contingent upon obtaining 20% ownership in proposed company and becoming a W2 employee DENIED (2) Palenzuela, Frank Rushing, Scott CONTINUED (2) Cabrera, Angel 30 days Jerez, Jose 60 days APPLICATION REVIEW Division I Board members met for Application Review on August 10, 2011 from 3:15 pm to 4:51 pm. Mr. Hussey led the meeting. Of the 25 applications reviewed, 6 were approved, 2 were continued, 2 were approved with conditions, 8 were withdrawn, 6 were denied, and 1 was pulled. APPROVED (6) Branholm, Kenneth Crowley, William Luciano, Anthony Martinez, Jason Roman, Angel Smith, Kenneth CONTINUED (2) Albertie, Joshua 30 days Matarazzo, Nicholas 60 days CONDITIONAL APPROVALS (2) Demick, Robert Probation for 4 years or until a credit score of 660 is provided Mills, Andrew Probation for 2 years or until a credit score of 660 is provided WITHDRAWN (8) Arnaud, Pablo Hanks, William Holmes, Jerome Meeks, Eric Pickett, William Roehm, John Schoenberger, Arthur Sims, Clarence DENIED (6) Ayesh, Abdel Bartlett, Michael Konietzko, Phillip McTighe, Stephen Page 3 of 16

4 Shelton, Gerald Woods, Raymond PULLED (1) Coulter, Joshua Division II Board members met for Application Review on August 11, 2011 from 5:10 pm to 5:40 pm. Mr. Engelmeier led the meeting. Of the 14 applications scheduled for review, 7 were approved, 2 were approved with conditions, 2 were continued, 1 was withdrawn, and 2 were denied. APPROVED (7) Church, Randy Demick, Robert McFadden, Thomas Roman, Angel Roman, Angel Roman, Angel Steffen, Edwin CONTINUED (2) Albertie, Joshua 30 days Rangel, Saide 30 days CONDITIONAL APPROVALS (2) Mills, Andrew Probation for 2 years or until a credit score of 660 or higher is provided Montoya, Walter Probation for 2 years or until a credit score of 660 or higher is provided WITHDRAWN (1) Hudson, Michael DENIED (2) Douglas, Daniel Mudrick, John Division I voted unanimously to ratify the list of financially responsible officer applications. Division II voted unanimously to ratify the list of financially responsible officer applications. PROBATION The Division I Probation Committee met on August 11, 2011 from 2:00 pm to 2:34 pm. The Committee was chaired by Elbert Batton. Dean Blankenship, CBC Page 4 of 16

5 Douglas Calo, CBC Phillip Englett, CGC Elijah Gainey, CRC Request for early termination of probation was Approved Kevin Gentry, RB Kyle Green, CBC David Hall, CGC Paul Hansen, CRC Keith Johnston, CGC Louis Maniero, CGC Terrence Moore, CGC Result: Unsatisfactory Martha Munoz, CGC Luis Perez, CRC Result: Unsatisfactory Michael Richel, CGC Angel Roman, CGC Christopher Staggs, CBC Kenneth Tumlin, CBC Page 5 of 16

6 Rick Vogel, CGC Ryan Wilkey, CRC Tammy Yzaquirre, CGC Matt Corson, CRC Result: Stay of Suspension Lifted Clinton Moore, CGC Result: Unsatisfactory The Division II Probation Committee met on August 11, 2011 from 2:48 pm to 3:54 pm. Mr. Moody chaired the Committee. Ilias Antoniou, CAC Request for early termination of probation was Denied Anthony Atkins, CCC Result: Unsatisfactory Laurence Borello, CCC Donald Cornelius, CMC Request for early termination of probation was Approved David Hall, CUC Edward Hobel, CCC Robert Hostetler, CCC Request for early termination of probation was Approved contingent upon probationer submitting proof of lien satisfaction Teppo Jokinen, CAC Result: Unsatisfactory Jeffrey Leh, CCC Page 6 of 16

7 Andy Preiss, CPC Request for early termination of probation was Approved contingent upon probationer submitting proof of a credit score of 660 or higher Angel Roman, CCC , CUC , CPC Request for early termination of probation was Approved Gregory Wallace, CAC Dan Deekman, CCC Result: Continuance granted until September meeting Chad Pannell, CFC Result: Stay of Suspension Lifted GENERAL SESSION The meeting was called to order by Mr. Pietanza, Chair, at 9:02 am. Mrs. Bailey gave the invocation. Mr. Evetts led the Pledge of Allegiance. REVIEW OF MINUTES A. Final Action Minutes July 2011 B. July 2011 EXECUTIVE DIRECTOR S REPORT G.W. HARRELL Mr. Harrell gave the following report: Mr. Harrell presented former board member Scott Greenberg with a plaque recognizing his contribution and service to the Board. Mr. Harrell also introduced the newest board member, Kristen Beall. Mr. Harrell also informed the board that the newest Executive Director has been nominated but has yet to be approved by the Secretary of the Department, and that the new ED will be in place by next month s meeting. Mr. Harrell also stated he would be in attendance at September s meeting to smooth the new Executive Director s transition. With nothing further to report the board voted unanimously to approve this report. CHAIRMAN S REPORT MARK PIETANZA Mr. Pietanza gave the following report: Page 7 of 16

8 The board voted unanimously to excuse the following absences: Mr. Batton (Friday only) Mr. Pietanza also stated that the Nominating Committee met on Wednesday afternoon and nominated Mr. Hussey as Vice Chair of the Board. The board voted unanimously to accept this nomination. With nothing further to report the board voted unanimously to accept this report. PROSECUTING ATTORNEY S REPORT PAUL WATERS Mr. Waters gave the following report: For the month of July 2011, the overall case load was 538, down from 588 in June of 2011, and down from 1,434 in July There were 144 cases currently in Legal to be reviewed, 28 cases set for probable cause, and 91 cases where probable cause had been found/administrative complaints filed. 1 settlement stipulation had been approved, 3 informal hearings had been requested, and 10 cases were awaiting outside action. 2 cases were ready for default, 25 had requested formal hearings, and 5 cases were referred to DOAH. 8 cases were in settlement negotiations, 46 cases were pending board dates, and 100 cases were set for board presentation. 78 cases were awaiting final orders. 0 cases were under appeal and 0 cases had been reopened. For the month of July 2011, 142 cases were closed. ATTORNEY GENERAL S REPORT DANIEL BIGGINS ALEJANDRO ARGUELLES PETITION FOR DECLARATORY STATEMENT Mr. Arguelles was not present but was represented by his nephew. Mr. Biggins presented this case stating Alejandro Arguelles filed a petition for a declaratory statement on July 14, The petition was noticed in the Florida Administrative Weekly on August 5, Mr. Biggins noted that the petition requests interpretation on Section (3)(o), Florida Statutes, and whether a licensed general contractor must be a certified or registered solar contractor or contract with a solar contractor in order to apply Tile Integrated Photovoltaics to roofing. Mr. Biggins asked the board to consider whether or not the petition meets the criteria for a declaratory statement, and to dismiss or answer as appropriate. After discussion the board determined that the petitioner is a substantially affected party and that the petition had standing. After further discussion the board voted that the license categories all Division I contractors and Roofing contractors can install the product listed in paragraph 2 of the declaratory statement. SCOTT BRACE REQUEST FOR INFORMAL HEARING Page 8 of 16

9 Mr. Brace was present with Counsel, Chad Cron. Mr. Biggins presented this case stating Mr. Brace s application for initial issuance of a certified general contractor s license was denied at the April 2010 meeting of the board for failure to demonstrate the required experience. The Notice of Intent to Deny was filed in June of Mr. Brace timely requested board reconsideration. After discussion the board voted to uphold the denial of the application. NICHOLAS BRADFORD REQUEST FOR INFORMAL HEARING Mr. Bradford was present. Mr. Biggins presented this case stating Mr. Bradford s application for initial issuance of a certified general contractor s license was denied at the April 2011 meeting of the board for failure to demonstrate the required experience. The Notice of Intent to Deny was filed in May of Mr. Bradford timely requested board reconsideration. After discussion the board voted to uphold the denial of the application. JOHN GARNER, SR. PETITION FOR DECLARATORY STATEMENT Mr. Garner was present with Counsel, Mr. Biggins presented this case stating John Garner filed a petition for a declaratory statement on July 19, The petition was noticed in the Florida Administrative Weekly August 5, Mr. Biggins noted that the petition requests the board interpretations on Sections (3)(j), (k), and (l), and (3)(c), Florida Statutes, and Rule 61G , Florida Administrative Code, and whether a commercial swimming pool/spa servicing contractor license is required when installing a new deck or replacing existing decking around a swimming pool or spa, or when installing pavers or other manner of covering over an existing swimming pool or spa deck. Mr. Biggins asked the board to consider whether or not the petition meets the criteria for a declaratory statement, and to dismiss or answer as appropriate. After discussion the board voted that the petitioner was not a substantially affected party, and voted that the petition did not have standing. MARK GUIDICI REQUEST FOR INFORMAL HEARING Mr. Guidici was present. Mr. Biggins presented this case stating Mark Guidici s application for the reinstatement of his null & void certified general contractor s license was denied at the February 2011 meeting of the board for failure to present evidence of a good faith effort to comply with the license renewal statutes and rules and failed to present evidence that rises to the level of illness or unusual hardship that would justify the failure to renew the license. Page 9 of 16

10 The Notice of Intent to Deny was filed in March of Mr. Guidici timely requested board reconsideration. After discussion the board voted to uphold the denial of the application. CHRISTOPHER KENNEDY REQUEST FOR INFORMAL HEARING Mr. Kennedy was present. Mr. Biggins presented this case stating Mr. Kennedy s application for initial issuance of a certified general contractor s license was denied at the January 2011 meeting of the board for failure to sufficiently demonstrate financial stability and responsibility and failure to demonstrate the required experience. The Notice of Intent to Deny was filed in February of Mr. Kennedy timely requested board reconsideration. After discussion the board voted to reverse the denial and approve the application. ROBERT KONING PETITION FOR DECLARATORY STATEMENT Mr. Koning was present. Mr. Biggins presented this case stating Mr. Koning filed a petition for a declaratory statement on June 21, The petition was noticed in the Florida Administrative Weekly on July 15, Mr. Biggins noted the petition seeks the boards opinion as to the applicability of Part XVI of Chapter 468, Sections and , Florida Statutes, as it applies to the petitioner, and whether mold related services including assessment and remediation services are within the scope of a properly licensed Division I contractor. Mr. Biggins asked the board to consider whether or not the petition meets the criteria for a declaratory statement, and to dismiss or answer as appropriate. After discussion the board determined that the petitioner is a substantially affected party and that the petition had standing. After further discussion the board voted that mold assessment and/or remediation is allowed under Chapter 489, Florida Statutes, provided the activities are related to the construction industry. ROBERT PETITO RECOMMENDED ORDER Mr. Petito was present with Counsel, Rosemary Hayes. Mr. Biggins presented this case stating Mr. Petito s application for a change of status of his certified air conditioning contractor s license was approved with the condition that he serve 6 years probation or have 12 satisfactory appearances before the probation committee. The Notice of Intent to Approve with Conditions was filed in November Mr. Petito timely requested a hearing before an Administrative Law Judge with the Division of Administrative Hearings. The hearing was concluded July of 2011 in which the Administrative Law Judge submitted a Recommended Order that the applicant be allowed to transfer his license from one business entity to another without the conditions imposed by the Board. Exceptions to that Order were filed on July 12, 2011 by Mr. Page 10 of 16

11 Biggins. A response to Mr. Biggins exception was filed on July 26, 2011 by petitioners Counsel. After discussion the board voted to adopt the Administrative Law Judge s Recommended Order with the Exceptions. RAYMOND RAULERSON REQUEST FOR INFORMAL HEARING Mr. Raulerson was present. Mr. Biggins presented this case stating Mr. Raulerson s application to qualify an additional business entity with his certified general contractor s license was denied at the May 2011 meeting of the board for failure to demonstrate the qualifying agent would properly supervise the construction and business activities. The Notice of Intent to Deny was filed in June of Mr. Raulerson timely requested board reconsideration. After discussion the board voted to reverse the denial and approve the application. THOMAS REGISTER MOTION FOR RECONSIDERATION Mr. Register was present. Mr. Biggins presented this case stating Mr. Register s application to qualify an additional business entity with his certified mechanical contractor s license was denied at the February 2011 meeting of the board for failure to demonstrate the qualifying agent would properly supervise the construction work and business activities and for failure to sufficiently demonstrate financial stability and responsibility. The Notice of Intent to Deny was filed in March of Mr. Register timely requested a hearing before an Administrative Law Judge with the Division of Administrative Hearings but requested the board reconsider their decision before proceeding with the Administrative Hearing. After discussion the board voted to reverse the denial and approve the application. GARY SHEAR REQUEST FOR INFORMAL HEARING Mr. Shear was present with Counsel, Tom Wells. Mr. Biggins presented this case stating Mr. Shear s application for a change of status of his certified general contractor s license was denied at the March 2011 meeting of the board for failure to sufficiently demonstrate financial stability and responsibility. The Notice of Intent to Deny was filed in April of Mr. Shear timely requested board reconsideration. After discussion the board voted to reverse the denial and approve the application. MICHAEL SIGGINS MOTION TO WITHDRAW Mr. Siggins was not present. Page 11 of 16

12 Mr. Biggins presented this case stating Mr. Siggins application for initial licensure as a certified building contractor was denied at the November 2010 meeting of the board for failure to demonstrate the required experience, failure to sufficiently demonstrate financial stability and responsibility, and failure to display good moral character. The Notice of Intent to Deny was filed in January of Mr. Siggins timely requested board reconsideration and had his informal hearing heard by the board at the May 2011 meeting. The board voted unanimously to uphold the denial of the application. Mr. Siggins then requested the board to allow him to withdraw his application before the filing of a Final Order. After discussion the board voted to allow the applicant to withdraw the application. JOHN VARSAMES PETITION FOR DECLARATORY STATEMENT Mr. Varsames was not present. Mr. Biggins presented this case stating Mr. Varsames filed a petition for a declaratory statement on June 30, The petition was noticed in the Florida Administrative Weekly on July 22, Mr. Biggins noted that the petitioner appears to be requesting an interpretation of Sections (3)(a) and (e), Florida Statutes, and whether an elastomeric coating that can be spray-applied to roofs and other surfaces for the purpose of waterproofing and as an alternative to re-roofing may be applied by a certified licensed general contractor without a permit, or whether it must be permitted and applied by a licensed roofing contractor. Mr. Biggins asked the board to consider whether or not the petition meets the criteria for a declaratory statement, and to dismiss or answer as appropriate. After discussion the board voted that the petitioner was not a substantially affected party and that the petition did not have standing. JASON ZIEGLER MOTION FOR RECONSIDERATION Mr. Ziegler was present. Mr. Biggins presented this case stating Mr. Ziegler s application to qualify an additional business entity with his certified general contractor s license was denied at the April 2011 meeting of the board for failure to demonstrate the qualifying agent would properly supervise the construction work and business activities and failure to demonstrate financial stability and responsibility. The Notice of Intent to Deny was filed in May of Mr. Ziegler timely requested a hearing before an Administrative Law Judge but agreed to appear back in front of the board for possible reconsideration. After discussion the board voted to reverse the denial and approve the application. COMMITTEE REPORTS EXAMS/CE/PUBLIC AWARENESS COMMITTEE ROY LENOIS Mr. Lenois gave the following report: Page 12 of 16

13 Adcox Group, Inc. 1 st Course: Construction Live Seminar #1 approved 2 nd Course: Construction Live Seminar #2 approved 3 rd Course: CPR & AED (Cardio Pulmonary Resuscitation & Automated External Defibrillator) - denied Building Officials Association of Florida, Inc. 1 st Course: Commercial Energy approved 2 nd Course: Mechanical Systems and the Energy Code approved 3 rd Course: Residential Energy approved 4 th Course: The International Green Construction Code approved Comfort Time Live LLC 1 st Course: Understanding Your True Profit and Loss Copper Piping Systems - continued to September to provide revised timeline Construction Estimating Institute 1 st Course: Florida Construction Laws and Rules approved 2 nd Course: Managing Construction Projects approved Florida Association Plumbing Heating Cooling Contractors 1 st Course: Understanding Break Exam approved Florida Concrete Products & Associations 1 st Course: Fundamentals of Concrete approved for general credit only 2 nd Course: Fundamentals of Concrete Parking Lot Paving Contractors approved for general credit only 3 rd Course: Fundamentals of Concrete Parking Lot Paving Designers approved for general credit only 4 th Course: Pervious Concrete Parking Lot Paving Contractors approved for general credit only 5 th Course: Pervious Concrete Parking Lot Paving Designers approved for general credit only FL Pool & Spa Association d/b/a FL Swimming Pool Association 1 st Course: A Green Revolution approved 2 nd Course: Achieving Energy Efficiency with Heating Pumps approved 3 rd Course: An Overview of Commercial Chlorine Generation approved 4 th Course: Building Wealth for Retirement approved 5 th Course: Call 811 before you Dig approved 6 th Course: Component Compatibility, Hydraulics for Residential Pools approved 7 th Course: DBPR CILB Laws and Rules approved 8 th Course: Electro-Mechanical Spa Pack Repair approved 9 th Course: Excavation Safety approved 10 th Course: Families and Business: Making it Work continued until September to provide revised timeline 11 th Course: Fifteen Things all Successful Companies Have in Common approved 12 th Course: Gas Heater: Installation and Performance approved Page 13 of 16

14 13 th Course: Heat Pumps Demystified and Simplified approved 14 th Course: Identify and Control Five Profit Killers approved 15 th Course: Leadership Strategies for Pool Professionals approved 16 th Course: Maintenance/Service Agreements approved 17 th Course: Managing for Profitability approved 18 th Course: Managing Sales Successfully in the New Economy approved 19 th Course: My Service Truck: Is it Safe approved 20 th Course: Myths of Metal Staining approved 21 st Course: ORP and ph Controllers approved 22 nd Course: OSHA Training for Service Contractors approved 23 rd Course: Phosphate and Enzyme Control for Increased Efficiency approved 24 th Course: Pumps and Motors approved 25 th Course: Risk Exposure for Pool/Spa Contractors approved 26 th Course: Solving the Top Four Pool Problems approved 27 th Course: Swimming Pool Excavation Safety approved 28 th Course: The Chemistry of Water Clarity approved 29 th Course: Variable Frequency Drive and SVRS Pumps approved 30 th Course: Water Balance and Healthy Pool Water approved 31 st Course: Water Balance for Pools and Spas approved 32 nd Course: Workplace Safety: The Impact of Accidents approved Gray Systems, Inc. 1 st Course: Compliance with Employment Laws approved 2 nd Course: Construction Liens approved 3 rd Course: Contracts in the Construction Industry approved 4 th Course: Laws and Rules of the Construction Industry approved 5 th Course: Wind Mitigation approved 6 th Course: Workers Compensation approved 7 th Course: Workplace Safety approved Logon2train.com 1 st Course: Accounting Basics for Contractors approved 2 nd Course: Building Construction Profits continued to September to provide revised timeline 3 rd Course: Cash Flow Management for Contractors approved 4 th Course: Construction Accounting Systems continued to September to provide revised timeline 5 th Course: Construction Office Technology continued to September to provide revised timeline 6 th Course: Contractor Licensing approved 7 th Course: Hurricane Mitigation for Existing Site Built Residential approved 8 th Course: Introduction to Microsoft Office continued to September to provide revised timeline 9 th Course: OSHA and Workers Comp continued to September to provide revised timeline 10 th Course: Quickbooks for Contractors continued to September to provide revised timeline Moody and Shea, P.A. Page 14 of 16

15 1 st Course: Construction Liens and Payment Bonds Review approved Odebrecht Construction, Inc. 1 st Course: A Legal Primer for Owner/Managers continued to September to provide revised timeline 2 nd Course: Business Strategies - continued to September to provide revised timeline 3 rd Course: Construction Accounting - continued to September to provide revised timeline 4 th Course: Construction Management - continued to September to provide revised timeline 5 th Course: Decision Making - continued to September to provide revised timeline 6 th Course: Financial Management - continued to September to provide revised timeline 7 th Course: Human Resources - continued to September to provide revised timeline 8 th Course: Understanding Corporate Taxes - continued to September to provide revised timeline Redvector.com 1 st Course: Common Indoor Air Quality (IAQ) Measurements approved 2 nd Course: Construction Arbitration: Intermediate approved 3 rd Course: Cost Estimating: Fundamentals approved 4 th Course: Hurricane Mitigation, Design, and Construction Lessons approved 5 th Course: IAQ: HVAC Systems & Common Measurements approved 6 th Course: Insurance Coverage Disputes approved 7 th Course: LEED for Existing Buildings: Operations & Maintenance Rating System - approved 8 th Course: Partnering for Design & Construction approved 9 th Course: Professional Painting approved 10 th Course: Project Team Management approved 11 th Course: Residential Construction for Coastal Areas approved With nothing further to report the board voted unanimously to approve this report. RULES/PUBLIC/LEGISLATIVE COMMITTEE MARK PIETANZA Mr. Pietanza gave the following report: The following Rules have been Developed: 61G Examination/Reexamination (Awaiting OFARR) The following Rules have been Repealed: 61G False Statements 61G Mitigation: Notice of Mitigation and Aggravation 61G Violations of Provisions of This Chapter 61G Florida Homeowners Construction Recovery Fund Page 15 of 16

16 With nothing further to report the board voted unanimously to approve this report. AD HOC COMMITTEE MARK PIETANZA The Ad Hoc Committee did not convene this month. OLD BUSINESS Removal of Board materials from lap tops. NEW BUSINESS No New Business was discussed. With no further business the meeting was adjourned at 11:26 am. Page 16 of 16