FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD. Embassy Suites Orlando North 225 Shorecrest Dr Altamonte Springs, FL

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1 FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD Embassy Suites Orlando North 225 Shorecrest Dr Altamonte Springs, FL October 10 12, 2012 MEETING MINUTES Approved January 11 th, 2013 Board Members Present Robert Moody, Vice Chair William Sheehan James Evetts Richard Kane Roy Lenois Jacqueline Watts Christopher Cobb William Brian Cathey Albert Korelishn Michelle Kane Mark Pietanza Paul Del Vecchio Aaron Boyette Board Members Absent Jerry Hussey, Chair Ed Weller Carl Engelmeier Kristen Beall Others Present Drew Winters, 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 October 10, 2012 from 2:01 3:44 pm. Of the 30 applications scheduled for review, 14 were approved, 5 were approved contingently, 6 were denied, 1 was continued, and 4 were withdrawn. APPROVED (14) Barrott, Alfredo Blanton, Lynwood Cabibbo, John Clarke, Keith Crawford, Raymond Delgado, Juan Dillard, William Facey, Christopher Linder, Jerry Marshall, David Parent, Ronald Pilat, Christopher Rowe, Larry Zuloaga, Daniel CONTINGENT APPROVALS (5) Burkett, Ronald Contingent upon submitting proof of W2 employment status within 30 days Memmott, Charles Contingent upon submitting a licensing bond within 30 days Metivier, John - Contingent upon submitting a licensing bond within 30 days Robbio, Joseph - Contingent upon submitting proof of W2 employment status within 30 days Winburn, Thomas - Contingent upon submitting proof of W2 employment status within 30 days DENIED (6) Adeimy, William Cheek, David O Connor, Michael O Connor, Michael Prosser, Robert Shakes, Nicholas CONTINUED (1) Green, Nathan 120 days WITHDRAWN (4) Dowling, Jeffrey Gruber, David Izquierdo, Gilbert Jahchan, Ghaby Page 2 of 16

3 Division II Board members met for Additional Business Entities Review on October 11, 2012 from 1:47 2:33pm. Mr. Pietanza led the meeting. Of the 10 applications scheduled for review, 4 were approved, 2 were approved contingent, 2 were continued, 1 was denied, and 1 was pulled. APPROVED (4) Bert, Reese McDonald, Jody Metivier, John Woodworth, David CONTINGENT APPROVALS (2) Mena, Ricardo Contingent upon showing proof of W2 employment status or 20% ownership in company within 30 days Sharkey, Edward Contingent upon showing proof of W2 employment status within 30 days CONTINUED (2) Cohen, Howard 90 days Iannuzzi, Vincent 90 days DENIED (1) Hernandez, Carlos PULLED (1) Whiddon, Roger APPLICATION REVIEW Division I Board members met for Application Review on October 10, 2012 from 3:54 4:44pm. Mr. Cathey led the meeting. Of the 17 applications scheduled for review, 6 were approved, 1 was contingently approved, 4 were continued, 5 were denied, and 1 was withdrawn. APPROVED (6) Berman, Scott Davis, Amanda Griffis, Dwayne Mueller, John Rasheed, Neal Walden, William CONTINGENT APPROVALS (1) Zelenka, Anthony Contingent upon providing release of all liens CONTINUED (4) Arnold, Ira 90 days Costello, William 30 days Page 3 of 16

4 Crosby, Arthur 30 days Martinez, Eduardo 30 days DENIED (5) Boblitt, Scott Harris, Ward Nevesta, Christopher Porcelli, Richard Propst, Andrew WITHDRAWN (1) Mollica, Thomas Division II Board members met for Application Review on October 11, 2012 from 2:45 4:54 pm. Ms. Watts led the meeting. Of the 30 applications scheduled for review, 17 were approved, 3 were approved contingently, 3 were continued, 1 was denied, and 6 were withdrawn. APPROVED (17) Gonzalez, Reynaldo Gross, Michael Gumbs, Ralph Howard, Daniel Iliff, Kyle Kelso, James Kitner, Donald Krebs, Arturo Lea, Thomas Neider, Kenneth Nguyen, Quan Reyes, Mark Rogers, Thomas Shadd, Jason Teague, Kenneth Vines, John Zabitosky, Michael CONTIGENT APPROVAL (3) Flowers, Antonio Contingent upon providing a licensing bond Graham, Don - Contingent upon providing a licensing bond Shoats, John Continent upon providing a licensing bond or proof of a credit score of 660 or higher CONTINUED (3) Bodwel, Richard 90 days Foshee, Charles 30 days Levine, Michael 90 days Page 4 of 16

5 DENIED (1) D Andrea, Lisa WITHDRAWN (6) Johnston, Henry Jordan, John Leon, Wilson O Neal, Brian Rannacher, Jeffrey Samph, Ian 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 convened on October 11, 2012 from 10:07 10:38 am. Mr. Kane led the meeting. John Alen, CGC Result: Stay of Suspension Lifted Roger Day, CBC Carlos Guerrero, CGC Result: Unsatisfactory Christopher Hayes, CRC Robert Haynes, CGC Michael Herman, CGC Eric Hudson, CGC John King, CGC Result: Unsatisfactory Kenneth Messier, CBC Page 5 of 16

6 Steven Pavich, CBC Result: Stay of Suspension Lifted Michael Porath, CBC Result: Unsatisfactory Remon Rudge, CGC Result: Unsatisfactory Edson Segundo, CGC Oleksandr Serga, CGC Steven Sill, CBC Result: Unsatisfactory The Division II Probation Committee convened on October 11, 2012 from 1:02 1:18 pm, and again from 2:29 2:35 pm. Mr. Korelishn led the meetings. Steven Althoff, CCC Douglas Bloomer, CFC Michael Cantrell, CCC Wayne Giese, CAC Alexandros Hatzimarkos, CCC Result: 6 month continuance granted Michael Herman, CCC Eric Hudson, CCC Raymond Kent, CAC Charles McHone, RC Yvette Ming, CFC Page 6 of 16

7 Eric Smith, CFC Charles Stoetzel, CPC GENERAL SESSION The meeting was called to order by Robert Moody, Vice-Chair, at 9:02 am. Ms. Watts gave the Invocation. Mr. Sheehan led the Pledge of Allegiance. EXECUTIVE DIRECTOR S REPORT DREW WINTERS Mr. Winters gave the following report: Mr. Winters asked the Board to excuse the following absences: Mr. Weller Mr. Hussey Ms. Beall Mr. Engelmeier The board voted unanimously to excuse these absences. Mr. Winters also distributed the Department s complaint report and enforcement report. Mr. Winters addressed Mr. Del Vecchio s concerns about collection efforts for outstanding unlicensed activity fines and costs, and Mr. Winters said he would bring this information back to the board in November. Mr. Winters thanked Mr. Lenois for coming to the Department and taking a tour the Call Center, Central Intake Unit, and the board offices. Mr. Winters offered that opportunity to any other board member who might be interested. Mr. Winters also addressed a couple issues mentioned by Mr. Del Vecchio, including the fact that construction application processors only process construction applications; they do not process applications for other professions. Additionally, one processor always handles the same application; if they are assigned an application in initial review, they handle the review of all follow up information. Mr. Winters also said he would try to bring back some more information at next month s meeting. Mr. Winters distributed catalogues from the Department s apparel company to any board member is interested in ordering a polo shirt. With nothing further to report the board voted unanimously to approve this report. CHAIRMAN S REPORT ROBERT MOODY Mr. Moody had nothing to report. Page 7 of 16

8 PROSECUTING ATTORNEY S REPORT PAUL WATERS Mr. Waters gave the following report: For the month of September 2012, the overall case load was 343, up from 337 in August of 2012, and down from 472 in September of There were 71 cases currently in Legal to be reviewed, 28 cases set for probable cause, and 49 cases where probable cause had been found/administrative complaints filed. 0 settlement stipulations had been approved, 1 informal hearing had been requested, and 6 cases were awaiting outside action. 4 cases were ready for default, 18 had requested formal hearings, and 4 cases were referred to DOAH. 8 cases were in settlement negotiations, 6 cases were pending board dates, and 33 cases were set for board presentation. 115 cases were awaiting final orders. 0 cases were under appeal and 0 cases had been reopened. For the month of September 2012, 88 cases were closed. Mr. Waters thanked Mr. Pietanza for attending an investigator training workshop. With nothing further to report the board voted unanimously to approve this report. ATTORNEY GENERAL S REPORT DANIEL BIGGINS BLAYDE DEVELOPMENT PETITION FOR DECLARATORY STATEMENT A representative from Blayde Development was not present, but was represented by Counsel Robert Eddy. Mr. Biggins presented this case stating Blayde Development filed a petition for a declaratory statement on August 24, The petition was noticed in the Florida Administrative Weekly on September 21, Mr. Biggins noted the petitioner asks whether the proposed activity related to water, sewer, and storm water collection services as set forth in the bid contract requires an underground utility and excavation license. 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 did not have proper standing and dismissed the petition. DOLORES CLASSON REQUEST FOR INFORMAL HEARING Ms. Classon was present. Mr. Biggins presented this case stating Ms. Classon s application to qualify an additional business entity was denied at the August 2012 meeting of the board for failure to appear as required by Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in August of Ms. Classon timely requested board reconsideration. Page 8 of 16

9 After discussion the board voted to approve the application contingent upon the applicant submitting a licensing bond. STEVEN CLEVELAND REQUEST FOR INFORMAL HEARING Mr. Biggins stated this case had been pulled. PATRICK D AMICO REQUEST FOR INFORMAL HEARING Mr. Biggins stated this case had been pulled. PEDRO DOMINGUEZ REQUEST FOR INFORMAL HEARING Mr. Dominguez was present. Mr. Biggins presented this case stating Mr. Dominguez application to qualify an additional business entity was denied at the August 2012 meeting of the board for failure to appear as required by Rule 61G , Florida Administrative Code. The Notice of Intent to Deny was filed in September of Mr. Dominguez timely requested board reconsideration. After discussion the board voted to uphold the denial of the application. FRANK FALCIANI REQUEST FOR INFORMAL HEARING Mr. Falciani was present with Counsel Preston McClane. Mr. Biggins presented this case stating Mr. Falciani s application for initial issuance of an inactive certified general contractor s license was denied at the July 2012 meeting of the board for failure to demonstrate the required experience. The Notice of Intent to Deny was filed in August of Mr. Falciani timely requested board reconsideration. After discussion the board voted to approve the application. MANOEIL GERGES PETITION FOR VARIANCE AND WAIVER Mr. Gerges was not present. Mr. Biggins presented this case stating Mr. Gerges filed a petition for variance and waiver on August 31, The petition was noticed in the Florida Administrative Weekly on September 28, Mr. Biggins noted the petitioner seeks a waiver of Rule 61G , to extend the duration of validity of his exam scores and to allow him to submit the expired test scores with an application for license in lieu of retaking the exams. Mr. Biggins asked the board to consider the petition and to grant or deny the waiver as required. After discussion the board voted to deny the petition. Page 9 of 16

10 TROY HERSEY REQUEST FOR INFORMAL HEARING Mr. Hersey was present. Mr. Biggins presented this case stating Mr. Hersey s application for initial issuance of an inactive certified underground utility and excavation contractor s license was denied at the July 2012 meeting of the board for failure to demonstrate the required experience. The Notice of Intent to Deny was filed in August of Mr. Hersey timely requested board reconsideration. After discussion the board voted to uphold the denial of the application. EDWARD JARRIEL, JR. PETITION FOR DECLARATORY STATEMENT Mr. Evetts recused himself from the proceedings. Mr. Jarriel was present. Mr. Biggins presented this case stating Mr. Jarriel filed a petition for declaratory statement on September 10, The petition was noticed in the Florida Administrative Weekly on September 28, Mr. Biggins noted the petition asks the board whether the installation of backflow prevention devices on the consumer side of a main water distribution system for a single family dwelling is permitted under the license of an underground utility and excavation 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 lacked the proper standing and voted to dismiss the petition. KARAM KARRAM REQUEST FOR INFORMAL HEARING Mr. Karram was present with Counsel. Mr. Biggins presented this case stating Mr. Karram s application to qualify an additional business entity was denied at the June 2012 meeting of the board as the application indicated the applicant appeared to have engaged in or aided unlicensed activity. The Notice of Intent to Deny was filed in July of Mr. Karram timely requested board reconsideration. After discussion the board voted to approve the application. RICARDO LOPEZ REQUEST FOR INFORMAL HEARING Mr. Lopez was present. Mr. Biggins presented this case stating Mr. Lopez application for initial issuance of a certified mechanical contractor s license was denied at the August 2012 meeting of the Page 10 of 16

11 board for failure to demonstrate the required experience. The Notice of Intent to Deny was filed in September Mr. Lopez timely requested board reconsideration. After discussion the board voted to vacate the Notice of Intent to Deny and allow the applicant to withdraw the application. KYLE MACDONALD REQUEST FOR INFORMAL HEARING Mr. MacDonald was present with Counsel. Mr. Biggins presented this case stating Mr. MacDonald s application for initial issuance of a certified Class B air conditioning contractor s license was denied at the July 2012 meeting of the board for failure to demonstrate the required experience. The Notice of Intent to Deny was filed in August of Mr. MacDonald timely requested board reconsideration. After discussion the board voted to approve the application. VICTOR ROJAS REQUEST FOR INFORMAL HEARING Mr. Rojas was present. Mr. Biggins presented this case stating Mr. Rojas application for initial issuance of a certified general contractor s license by endorsement was denied at the September 2012 meeting of the board as the applicant failed to demonstrate he has passed an examination that is substantially equivalent to the required Florida certification examination; that he has a license in a state whose criteria are substantially similar to Florida s; or that he has attained the experience requirements for certification in Florida, as required by Section (3), Florida Statutes. The Notice of Intent to Deny was filed in October of Mr. Rojas requested his informal hearing prior to the filing of the Notice of Intent to Deny but was instructed of his appeal rights. After discussion the board voted to vacate the Notice of Intent to Deny to allow the applicant to withdraw the application. SHAWN ROLIN REQUEST FOR INFORMAL HEARING Mr. Rolin was present. Mr. Biggins presented this case stating Mr. Rolin s application for initial issuance of a limited non-renewable registered residential contractor s license was denied at the July 2012 meeting of the board as the applicant did not establish facts supporting the need for the license, and the Board did not find facts supporting the need for the license, and because the proposed entity appears to be exempt from licensure pursuant to Section , Florida Statutes. The Notice of Intent to Deny was filed in August of Mr. Rolin timely requested board reconsideration. After discussion the board voted to vacate the Notice of Intent to Deny and allow the applicant to withdraw the application. Page 11 of 16

12 MASAAKI YAMAMOTO PETITION FOR VARIANCE AND WAIVER Mr. Yamamoto was not present. Mr. Biggins presented this case stating Mr. Yamamoto filed a petition for variance and waiver on August 22, The petition was noticed in the Florida Administrative Weekly on September 28, Mr. Biggins noted the petitioner seeks a waiver of Rule 61G , to extend the duration of validity of his exam scores and to allow him to submit the expired test scores with an application for license in lieu of retaking the exams. Mr. Biggins asked the board to consider the petition and to grant or deny the waiver as required. After discussion the board voted to deny the petition. ARTESIAN POOLS, ROY LENOIS PETITION FOR DECLARATORY STATEMENT Mr. Lenois recused himself as a member of the board and presented himself as the petitioner. Mr. Biggins presented this case stating Mr. Lenois filed a petition for a declaratory statement on September 19, The petition was noticed in the Florida Administrative Weekly on October 2, Mr. Biggins noted the petitioner asks the board whether a contractor may submit his or her own site specific drawings, specifications, and plans for permitting residential swimming pools, spas, or screened enclosures not exceeding 1,200 square feet or one story in height without a licensed engineer or architect signing and sealing the drawing; and whether building officials can reject such drawings, specifications, or plans when submitted by a properly licensed contractor via a permit application for work that falls within the scope of the contractor s license. 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 had the proper standing. After further discussion the board voted that a contractor may submit his or her own site specific drawings, specifications, and plans for permitting residential swimming pools, spas, or screened enclosures not exceeding 1,200 square feet or one story in height without a licensed engineer or architect signing and sealing the drawing; and building officials cannot reject, other than for good cause, such drawings, specifications, or plans when submitted by a properly licensed contractor via a permit application for work that falls within the scope of the contractor s license. With nothing further to report the board voted unanimously to approve this report. COMMITTEE REPORTS EXAMS/CE/PUBLIC AWARENESS COMMITTEE ROY LENOIS Mr. Lenois gave the following report: Page 12 of 16

13 AAA Construction School, Inc. 1 st Course: Financial Responsibility and Stability Course approved (with business practices) Aluminum Association of Florida, Inc. 1 st Course: Using the AAF Guide for Aluminum Construction in High Wind Areas (2010 Edition), Part I, Screened Enclosures approved 2 nd Course: Using the AAF Guide for Aluminum Construction in High Wind Areas (2010 Edition), Part, II, Solid Roof Structures & Screen Walls approved Anker Compression, LLC d/b/a GFA Compressors, Inc. 1 st Course: Failure Analysis of AC Semi-Heremetic Compressors approved (as general) At Home Prep (National Contractors Pre-Licensure Services) 1 st Course: Florida Contractors Online Continuing Education continued 30 days Florida Licenses & Corporations, Inc. 1 st Course: Contractors Financial Responsibility Course approved Florida Pool & Spa Association d/b/a Florida Swimming Pool Association 1 st Course: Advanced Module Understanding and Complying with ANSI-15 and ANSI-7 Building Codes approved 2 nd Course: Ozone in Today s Leisure Water Industry approved 3 rd Course: Reducing the Cost of Workers Compensation approved Florida Sales & Marketing 1 st Course: Gas Piping with CSST approved Hanley Wood Exhibitions 1 st Course: 10 Things Contractors Need to Know for Successful Pervious Concrete approved 2 nd Course: A Project Manager s Guide to the Financial Stuff approved 3 rd Course: Avoid Floor Moisture Problems: Testing, Evaluation, and Remediation Systems denied 4 th Course: Basic Principles of Jointing Concrete Pavements approved 5 th Course: Business Operations Forum denied 6 th Course: Change is in the Air: Air Barriers Requirements denied 7 th Course: Concrete Overlays for Highways, Airfields, and Local Roads approved 8 th Course: Concrete Repair Fundamentals I: Surface Preparation, Reinforcement Repair, Material Selection and Placement denied 9 th Course: Concrete Repair Fundamentals II: Waterproofing and Corrosion Protection denied 10 th Course: Crisis Management Every Contractor Should Have denied 11 th Course: Developments in Health Issues Related to Asphalt Fumes denied 12 th Course: Driver Safety Training Procedures and Policies to Help Prevent Accidents approved 13 th Course: Effective Use of Chemical Admixtures in Concrete denied 14 th Course: Effective Use of Roof Coatings denied Page 13 of 16

14 15 th Course: Effectively Handling and Enforcement Driven OSHA While Achieving Operational Excellence and Profitability through Safety approved 16 th Course: Electrical Safety around Solar for Roofers denied 17 th Course: Evaluating Asphalt Shingles: A Comparison of Test Methods denied 18 th Course: Evaluation of New and Existing Decks for Plaza and Green Roof Waterproofing Systems denied 19 th Course: Executive Leadership Roundtable Discussion Challenges Facing Leaders Today denied 20 th Course: Federal Legislative and Regulatory Outlook for the Roofing Industry denied 21 st Course: Fix Floor Moisture Problems Building Design and Construction Materials denied 22 nd Course: Formwork Specifications and the Effect on As-Cast Surface Finishes approved 23 rd Course: How Roofing Contractors Can Improve On-Site Project Management Performance approved (as general only) 24th Course: Increase Profits, Return to the Basics of Successful Financial Management approved (as business practices only) 25 th Course: Intelligent Roofing Systems Selection and Design denied 26 th Course: Long Term Weathering of Single Ply and Bituminous Commercial Roofing Membranes and Discussion of Testing Considerations denied 27 th Course: Low Slope Recycling What You Should Know approved 28 th Course: OSHA Citations The Unpreventable Employee and Supervisor Misconduct Defense denied 29 th Course: OSHA Construction Rulemaking Update, Year-In-Review Regulation, Data, and More denied 30 th Course: Polished Overlay Systems: Evaluate, Prepare, Best Practices and Maintenance denied 31 st Course: Print Reading for Concrete Interpret the Language of Construction Drawings approved 32 nd Course: Proper Use of Slab Reinforcement Systems, Avoiding Myths & Misconceptions approved 33 rd Course: Recycled Materials in Concrete Projects approved 34 th Course: Reviewing Killer Contract Clauses denied 35 th Course: Roof Maintenance Programs Panel Discussion approved 36 th Course: Slab Repair Techniques for Highways, Airfields, and Local Roads approved 37 th Course: Sustainability in New Construction; Where do Concrete and LEED fit? approved 38 th Course: Technically Speaking Energy Engineering Always Starts with Insulation, but it s Often Tied to Energy Production approved (as general only) 39 th Course: Technology of Adhesive Anchors and the Effects of Varying Field Conditions approved (as workplace safety) 40 th Course: The Four Cornerstones and Twelve Attributes of Safety Excellence approved (as business practices) 41 st Course: Time Management Effective vs. Effiicient Getting the Right Things Done approved (as general only) 42 nd Course: Tips & Techniques for Designing and Installing an Optimal Solar System approved (as general) Page 14 of 16

15 43 rd Course: Understanding Metal Roofing, Part I approved (as general) 44 th Course: Understanding Metal Roofing, Part II approved (as general) 45 th Course: What to do When Test Results Suggest Unsatisfactory Concrete Performance approved (as general) 46 th Course: Why White Roofs Condensate approved (as general) 47 th Course: Working with a Roof Consultant Strategies for the Roofing Contractor approved (as general) University of Florida Treeo Center 1 st Course: 23 rd Annual Cross Connection Control Conference 30 day continuance USP Structural Connectors 1 st Course: Basic Connector Training 101 approved 2 nd Course: Braced and Shear Wall Requirements in the IRC Building Code approved With nothing further to report the board voted unanimously to approve this report. RULES/PUBLIC/LEGISLATIVE COMMITTEE MARK PIETANZA Mr. Biggins gave the following report: The following Rules required review of the Statement of Estimated Regulatory Cost: 61G Certification of Irrigation Specialty Contractors 61G Continuing Education Requirements for Certificateholders and Registrants The following Rules required further review of proposed language: 61G Demolition Specialty Contractors The following Rules have been Developed: 61G Definitions Tabled to November board meeting The following Proposed Rules have been Noticed: 61G Continuing Education Requirements for Certificateholders and Registrants OLD BUSINESS Removal of old materials from laptop. NEW BUSINESS Mr. Winters presented to the board the opportunity to delegate the authority to either the Board Chair or Vice Chair to approve or deny motions for payment plans for licensees who have had fines, costs, and restitution imposed upon their license via a final order. They would only have the ability to rule on the payment plan and not change the terms of the final orders. Page 15 of 16

16 Mr. Pietanza requested that a Division II final action be reopened for discussion, case , Benjamin Hartwick. The board voted to reduce the fine from $5,000 to $500. With no further business the meeting was adjourned at 11:04 am. Page 16 of 16