HomeMy WebLinkAboutAgenda Packet 05.17.2023
CONTRACTORS EXAMINING BOARD
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Wednesday, May 17, 2023
8:30 AM
St. Lucie County Administration Annex
Board of County Commissioners
Commission Chambers
BOARD MEMBERS
James “Travis” Leonard (Chair) Tony Jerger
Michael DiFrancesco (Secretary) Adam Sampson
Chris Langel Michael Pride
Sheila McCarthy-Taylor
Gary Morris
Michael Kauffmann Jr.
Roger Priest (Vice Chair)
BOARD ATTORNEY
Richard V. Neill Jr.
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Regular Meeting
Wednesday, May 17, 2023 8:30 AM
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A. CALL TO ORDER
B. ROLL CALL OF CONTRACTOR EXAMINING BOARD MEMBERS
C. ELECTION OF OFFICERS: REVISIT VOTE FOR VICE CHAIRMAN
a.) ELECT THE VICE‐CHAIR OF THE BOARD
The Chair will preside and call for nominations to re‐select the Vice‐Chair of the Contractors
Examining Board. Staff recommends that the Board elect a Vice‐Chair for 2023‐2024.
D. APPROVAL OF MINUTES OF: January 18, 2023 Contractor Licensing Board Minutes
March 15, 2023 Contractor Licensing Board Minutes
E. SWEAR IN STAFF MEMBERS
F. PUBLIC COMMENT
G. APPLICATIONS TO BE APPROVED
H. DISCIPLINARY CASE
I. OLD BUSINESS
J. NEW BUSINESS
NOTE: THE NEXT CONTRACTOR EXAMINING BOARD HEARING WILL BE HELD ON July 19, 2023 IN THE COMMISSION CHAMBERS OF THE ROGER POITRAS ANNEX AT 8:30 A.M.
NOTICE: All proceedings before the St. Lucie County Contractor Examining Board, St. Lucie County, Florida, are electronically recorded. Any person who decides to appeal any action taken by the Contractor Examining Board, at this meeting, will need a
record of the proceedings, and for such purpose may need to assure that a verbatim record of the proceedings is made.
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Regular Meeting
Wednesday, May 17, 2023 8:30 AM
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G. THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR APPROVAL BY CONSENT:
Qualifier Business Name Type of Contractor Testing
Agency
Itzan D. Pupo N/A Journeyman Electrician Prov
Dwayne A. Sapp Tropiscapes Enterprises LLC dba
Tropiscapes
Irrigation Sprinkler
Contractor
Prov
Collin Forbes Caribbean Connect Electric LLC Electrical Contractor Prov
THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR APPROVAL BY RECIPROCITY:
THE FOLLOWING APPLICATIONS WERE APPROVED ADMINISTRATIVELY BASED ON
RECIPROCITY FROM THE CITY OF PORT ST. LUCIE OR THE CITY OF FORT PIERCE (Names to be read into record):
Qualifier Business Name Type of Contractor
Alexander A. Acosta Coastal Construction Group Corp. Residential Contractor
THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR REVIEW BY THE BOARD: Qualifier Business Name Type of Contractor
None.
Qualifier Business Name Type of Contractor
Richard P. Peterson Sr. Peterson Sprinkler Services LLC Irrigation Sprinkler Contractor Yves J. Thelusca G Y & T Electric LLC Electrical Contractor
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Regular Meeting
Wednesday, May 17, 2023 8:30 AM
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I. DISCIPLINARY CASE: 1)
AGAINST: Brownie Structural Movers LLC Jamison T. Brownie State License # CBC1519113 County Cert # 26601 Location of violation: 3695 S 25th St., Fort Pierce, FL 34981
Complaint filed by: Michael Gervais, on behalf of Yves Gervais and Jamie Gervais, owners of property located at 3695 S 25th St., Fort Pierce, FL 34982
Case No. 2207-0000015
Investigator: Michael Cicio
First Notification to the Company: February 2, 2023
Follow-ups:
Violation:
SLC CCL 10-26: - Prohibited activities: Sub Section: (8) Fraudulently depart from, or disregard, plans or specifications in material respect, without consent of the owner or his duly authorized representative. (9) Commit any fraudulent act as a contractor as a result of which another is financially injured. SLC CCL 10-67: - Revocation or suspension of Certificate of Competency: Sub Section: (3) Disregards and violates an applicable state or local building code, regulation or law. (10) Commits fraud or deceit or other misconduct in the practice of contracting. Staff Recommendation:
• To suspend the permitting privileges for Jamison T. Brownie and/or Brownie Structural Movers LLC for a term not to exceed three hundred and sixty-five (365) days for new permits only.
• After the suspension period, a written request must be made to the Board to reinstate Jamison T. Brownie and/or Brownie Structural
Movers LLC permitting privileges.
• A copy of the Board’s order will be forwarded to the Florida Department of Business and Professional Regulation (DBPR) and the surrounding municipalities.
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Regular Meeting
Wednesday, May 17, 2023 8:30 AM
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I. OLD BUSINESS: None.
J. NEW BUSINESS: None.
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Contractor Licensing Board Minutes – Draft
January 18, 2023 at 8:30 a.m. St. Lucie County Administration Board of County Commissioners
Commission Chambers
PRESENT ABSENT STAFF PRESENT Contractor Licensing Supervisor…………………………………………………… Danielle Williams Building Official………..……………………………………………….……………. Doug Harvey Assistant County Attorney………………………………………………………….. Katherine Barbieri Code Compliance Manager……………………………………………………….. Monica Graziani Contractor Licensing Investigator………………………………………………… Mike Cicio Contractor Licensing Investigator………………………………………………… Arlene Cruz Board Recorder……………………………………………………………………... Roxann Johnson A. CALL TO ORDER: The meeting was called to order at 8:55 a.m.
B. ROLL CALL OF BOARD MEMBERS: The roll was called. Board member Mr. Roger Priest was absent. C. ELECTION OF OFFICERS: CHAIRMAN, VICE CHAIRMAN, BOARD SECRETARY CHAIRMAN: Mr. Jerger made a motion to nominate Mr. Travis Leonard for Chairman. Mr. Pride seconded the motion and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. VICE CHAIRMAN: Mr. Pride made a motion to nominate Mr. Roger Priest for Vice Chairman. Mr. Morris seconded the motion and the motion carried. Mr. Leonard opposed the motion. Chairman Leonard asked for a roll call vote for Mr. Priest. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – No, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried. SECRETARY: Mr. Jerger made a motion to nominate Mr. Michael DiFrancesco for Secretary.
Chairman.…………………………..................................................................... Travis Leonard
Vice Chairman………………………………………………………………………. Tony Jerger
Secretary…………………………………………………………………………… Michael DiFrancesco
………………………………………………………………………………………… Chris Langel
………………………………………………………………………………………… Michael Pride
Secretary…………...………………………………………………………………… Sheila McCarthy-Taylor
………………...……………………………………………………………………… Adam Sampson
……………………………………………………………………………………….... Gary Morris
………………………………………………………………………………………… Michael Kauffmann
…..…………………………………………………………………………………….. Roger Priest
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Mr. Pride seconded the motion and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. D. APPROVAL OF MINUTES: May 18, 2022 and September 21, 2022 Contractor Examining Licensing Board Meeting Motion was made by Mr. DiFrancesco to approve the Minutes of the May 18, 2022 and September 21, 2022 meeting. Mr. Langel seconded and the motion carried unanimously. E. SWEARING IN OF STAFF: The following staff members were sworn in by the Recording Secretary: Danielle Williams, Douglas Harvey, Arlene Cruz, Mike Cicio and Monica Graziani. F. PUBLIC COMMENT: Vice Chairman Leonard asked the audience if anyone present wanted to speak to the Board under public comment. There being none the Board moved on to Applications to be approved. G. APPLICATIONS TO BE APPROVED BY CONSENT VOTE: Motion was made by Mr. DiFrancesco to approve the applicants recommended by Consent vote. Mr. Langel seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Testing Agency
APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY: Motion was made by Mr. Pride to approve the applicants recommended by Reciprocity vote. Mr. Langel seconded and the motion carried unanimously. Qualifier Business Name Type of Contractor None.
APPLICATIONS APPROVED ADMINISTRATIVELY BASED ON RECIPROCITY FROM THE CITY OF PORT ST. LUCIE OR THE CITY OF FORT PIERCE: The applicant’s names were read into the record.
None.
Qualifier Business Name Type of Contractor
Patsi L. Meltzer PLM Construction LLC Residential
Roosebel Patricio Patricio Enterprises East, Inc. Drywall
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THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR REVIEW BY THE BOARD:
Chairman Leonard stated we do have an addendum to the agenda for review by the Board for Mr. Christopher Bourque. He asked if Mr. Bourque or a representative was present to speak to the Board. Mrs. Bourque was present. Chairman Leonard asked Mrs. Bourque to come up to the podium to be sworn in by the Recording Secretary. Mrs. Alexa Bourque was sworn in by the Recording Secretary. Chairman Leornard addressed Mrs. Bourque and asked if she is representing Mr. Bourque. Mrs. Bourque answered yes, she is. Chairman Leonard asked if Mr. Bourque is working why he is not present. Mrs. Bourque stated yes, he had a last-minute change this morning, so he had to go to work. Chairman Leonard asked if the Board had any questions for Mrs. Bourque. Mr. DiFrancesco stated he would like to make a motion. He stated Mr. Bourque has been in business for two years in Martin County and his test scores are wonderful. He stated he is willing to make a motion to accept Staff’s recommendation. Mr. DiFrancesco made to accept Staff’s recommendation to approve Mr. Christopher Bourque’s license to work in St. Lucie County. Mr. Pride seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. I. DISCIPLINARY CASE 1) Gregory Keith Whigham and/or All Florida Wind Mitigation /dba/ W.O. Gregory Construction Inc. Chairman Leonard stated next, we are moving on to disciplinary case no. one against All Florida Wind Mitigation Case No. 2211-109207. He asked Officer Cicio to bring the Board up to speed on the case. Officer Cicio addressed the Board and stated in response to Case No. 2211-109207, for the record he is submitting a total of twenty-two (22) photos, nine (9) photos taken on October 18, 2022, during an initial site inspection at the property address of 787 NE Prima Vista Blvd., Port St Lucie, eight (8) taken on October 19, 2022, two (2) taken on October 25, 2022, and three (3) taken on October 26, 2022. Officer Cicio stated he is submitting Division of Corporations information for the fictitious company All Florida Wind Mitigation Retrofits, owned by W.O. Gregory construction, inc, Division of Corporations information for W.O. Gregory Construction, Inc with the corporate officer listed to be Gregory K. Whigham and Secretary Lisa M. Bauer. Florida Department of Business and Professional Regulations (DBPR) licensing information for Gregory Keith Whigham is included showing the certified building contractor license of CBC1253414 issued in September of 2005 as well as workers’ compensation exemption information. Officer Cicio stated he has also included commercial renovation building permit information for Permit 2103-0616 as well as Division of Corporations information for unlicensed contractor, Retrofits & Renovations, LLC, managed by Eden P. Agnew,
Workers’ Compensation Exemption information for Mr. Agnew as well as copies of check images 674, 556, 567 and 1031 paid from the business account of Evangelical Union of Fisherman, Inc. (property owner) to Retrofits & Renovations totaling to the amount of $68,349.49. Officer Cicio stated on October 18, 2022, he conducted a random site visit at a commercial remodel at the address of 787 NE Prima Vista Blvd, Port St. Lucie, FL. He stated during his investigation, he found that all contractors onsite, including a foreman all in One Construction & Handyman and Drywall Company NB Drywall, Inc. were unlicensed. I was advised by these contractors that Eden P. Agnew, retrofits & renovations, was the primary contractor onsite. he met with property owner, Pastor
Qualifier Business Name Type of Contractor
Christopher Bourque (Addendum) Marland Marine Construction LLC Marine Contractor
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Providence, and he stated that he contracted with Eden Agnew with Retrofits & Renovations. He further claimed that all monies have been paid to retrofits & renovations. He stated check images were later provided on or about oct 25, 2022 when a stop work order was posted. Officer Cicio stated he was able to make contact with Mr. Eden Agnew. He acknowledged being a sub-contractor under W.O. Gregory Construction Inc and works under that license. He further claimed to work under the license of another local contractor. Retrofits & Renovations LLLC was found not to be a licensed contractor. Officer Cicio stated he left several messages requesting a return phone call from Gregory Whigham including messages with his secretary Lisa Bauer and Eden Agnew. He stated The Florida Department of Business and Professional Regulations (DBPR) does not show that Gregory Whigham qualifies Eden Agnew (Retrofits & Renovations, LLC). Upon investigation, it was found that All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction, Inc violated: SLC 10-26 (13) – Disregard or violate any county ordinance relating to unlicensed contractors.
IN SLC SEC. 10-56, Any person, other than a certified contractor as defined in this article, desiring to engage in or work at the business or occupation of contractor, as defined in this article, in the unincorporated areas of the county shall not engage in said occupation or business until such person has first obtained a certificate of competency as provided in this division, and has registered in the proper classification with the state department of business and professional regulation pursuant to the provisions of F.S. ch. 489. SLC 10-67 (3) – Disregards and violates an applicable state or local building code, regulation or law.
Officer Cicio state All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction, Inc commenced unpermitted work on this property including pouring concrete Ada accessibility ramps in the front and east side of the building, concrete sidewalk repairs, plumbing and electrical work which included plumbing lines and electrical to a pre-existing water feature. SLC 10-67 (4) – Performs any act which assists a person or business in engaging in the unlicensed business of
contracting, as defined herein, if the certificate holder knows or has reasonable grounds to know that the person or business is unlicensed. Officer Cicio stated in this section, All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction Inc (Gregory Keith Whigham) allowed Eden P. Agnew to perform work under his license in the capacity of contracting, knowing, that Retrofits & Renovations, LLC is not a state licensed contractor required under F.S. 489. Gregory Whigham further applied for and was issued a building permit for a commercial remodel knowing that payments were being made to retrofits & renovations (Eden Agnew) unlicensed contractor. SLC 10-67 (15) – Aids or abets any unlicensed person or business organization to evade any provision of this division.
IN F.S. 489.113 (2) - No person who is not certified or registered shall engage in the business of contracting in this state. However, for purposes of complying with the provisions of this chapter, a person who is not certified or registered may perform construction work under the supervision of a person who is certified or registered, provided that the work is within the scope of the supervisor’s license and provided that the person being supervised is not engaged in construction work which would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o) which includes building contractor. Officer Cicio stated further investigations in early November 2022 found that Gregory Keith Whigham had been incarcerated in St. Lucie County jail for some time and was currently being held on a work release. This work release did not include running or supervising his business operations. Officer Cicio stated he met with Mr. Whigham on November 15, 2022, at the detention facility and he was personally served with a copy of a notice to appear for the January 18, 2023 contractor licensing board meeting. He stated his signature appears on the bottom of the document. He stated during his interview, Mr. Whigham claimed that he does know about the jobsite at 787 prima vista, however, he did not know the scope of work being conducted. He stated he showed Mr. Whigham the permit application and he claimed that he did not recall completing the application, nor signing it. He stated he claimed that the signature did appear to be his. he further did not know the notary who notarized his signature. He stated Mr. Whigham admitted to not being familiar with the jobsite as he does not have the ability to supervise. Mr. Whigham was unfamiliar with Lisa Bauer who is the secretary listed on is Division of Corporations. He stated he thought that Mrs. Bauer was working with
Eden Agnew. Officer Cicio stated due to Mr. Whigham’s inability to properly supervise this job, another stop work order was posted requesting a change of contractor.
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Officer Cicio stated based upon the facts in this case, staff is recommending to the board to suspend the permitting privileges for Gregory Keith Whigham/All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction, Inc for a period not to exceed 365 days. Gregory Keith Whigham and/or All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction, Inc must make a written request and appear before the Contractor Licensing Board to have the permitting privileges reinstated. Officer Cicio stated Staff is also recommending that a copy of the board’s order be forwarded to the Florida Department of Business and Professional Regulations (DBPR) and the surrounding municipalities. There was discussion among Staff and the Board regarding the case. Mr. DiFrancesco made a motion to approve Staff recommendation to revoke the Certificate of Competency and permitting privileges for Gregory Keith Whigham and/or All Florida Wind Mitigation Retrofits /dba/ W.O. Gregory Construction Inc. for a term not to exceed three hundred and sixty-five (365) days. After the revocation period, Mr. Gregory Keith Whigham must request to be reinstated before the Contractor Licensing Board. It is further recommended that this case along with the copy of this Board’s Order be prepared and sent to the state and surrounding municipalities. Mr. Jerger seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – No, Mr. Pride – No, Mr. Morris – No, Mr. Kauffman – No. The motion carried. There were five – Yes, and four – No. 2) Douglas Sammons and/or Hall-Sammons Inc. Chairman Leonard stated we are on to disciplinary case no. two Case No. 2209-108812 Officer Arlene Cruz. Officer Cruz addressed the Board and for the record she is submitting a total of twenty (20) photos taken by the property owner Stephen Ferreira at property address 4625 S Indian River Dr., Fort Pierce. She stated she is submitting the property owner Stephen Ferreira’s affidavit and copies of the nine (9) checks cashed by Retrofits and Renovations in the total amount of $ 178,770.00. Officer Cruz stated she is also submitting emails from October 9, 2021 through August 23, 2022 from an employee of Retrofits And Renovations to Mr. Ferreira with copies of the invoices to include itemized materials and labor that was performed at the property by Retrofits and Renovation LLC. She stated she is submitting a copy of two liens placed on the property of 4625 Indian River Dr, the first was filed on January 21,2022 from Jones Lumber, US LBM, LLC. and the second was filed on august 24,2022 from Douglas Sammons of Hall-Sammons, LLC. Officer Cruz stated on September 12, 2022, she phoned Mr. Eden Agnew. She stated he admits to working without a license and had Mr. Douglas Sammons on the line on speaker phone. She stated she explained that she saw that a lien was placed
on the property of 4625 Indian River Drive by Mr. Douglas Sammons with Hall-Sammons, Inc and the permit, Permit #2110-0576 that was applied for by Mr. Douglas Sammons. She further stated that she found through DBPR that Mr. Agnew was not licensed but was taking payments through his company Retrofits and Renovation, LLC as Mr. Sammons has no affiliation with this company through DBPR. She stated she made them both aware that they were going to receive a $500 citation and that Mr. Sammons would receive a notice to appear for the following Contractor Licensing Board. Officer Cruz stated upon investigation, it was found that Douglas Sammons with Hall-Sammons, Inc. violated: SLC 10-67 (4) – Performs any act which assists a person or business in engaging in the unlicensed business of contracting, as defined herein, if the certificate holder knows or has reasonable grounds to know that the person or business is unlicensed.
Officer Cruz stated in this section, Douglas Sammons with Hall-Sammons, Inc. allowed Eden P. Agnew to perform work
under his license in the capacity of contracting, knowing, that retrofits & renovations, llc is not a state licensed contractor required under F.S. 489. Douglas Sammons further applied for and was issued a building permit for a residential remodel knowing that payments were being made to retrofits & renovations (Eden Agnew) unlicensed contractor. SLC 10-67 (15) – Aids or abets any unlicensed person or business organization to evade any provision of this division. Officer Cruz stated in this section, Mr. Douglas Sammons with Hall-Sammons, Inc. filed for a lien against the property of Mr. Stephen Ferreira with the purpose of collecting monies from him. Mr. Sammons filed a lien against a property that was having work completed by Retrofits and Renovations, LLC (Eden Agnew) and the monies were being collected by retrofits and renovations. Mr. Sammons knowingly aided Mr. Agnew on this job and was also collecting a profit as he was trying to collect funds that were owed to him and his company when he filed the claim of lien.
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Officer Cruz stated based upon the facts in this case, staff is recommending to the board to suspend the permitting privileges of Douglas Sammons with Hall-Sammons, Inc for a period not to exceed 365 days. Douglas Sammons with Hall-Sammons, Inc must make a request before the contractor licensing board to have the permitting privileges reinstated. She stated staff is also recommending that a copy of the board’s order be forwarded to the Florida Department of Business and Professional Regulations (DBPR) and the surrounding municipalities. There was discussion among Staff and the Board regarding the case. Mr. DiFrancesco made a motion to publicly reprimand Mr. Douglas J. Sammons and/or Half-Sammons Inc. and placed on two (2) years’ probation in which time, Staff will monitor Mr. Sammon’s Permitting privileges. Mr. Langel seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. J. CITATION APPEAL 1) Eden Agnew and/or Retrofits & Renovations LLC Chairman Leonard stated next on our agenda is citation appeal no. one for Case No. 2209-000016 against Eden Agnew and/or Retrofits & Renovations LLC. He asked Staff to update the Board on the case. Officer Cruz addressed the Board and stated for the record she is submitting twenty (20) photos taken by the property owner Stephen Ferreira at property address 4625 S Indian River Dr, Fort Pierce. She stated she is submitting the property owner Stephen Ferreira’s affidavit and copies of the nine (9) checks cashed by Retrofits and Renovations in the total amount of $ 178,770.00. Officer Cruz stated she is also submitting emails from October 9, 2021 through August 23, 2022 from an employee of retrofits and renovations to Mr. Ferreira with copies of the invoices to include itemized materials and labor that was performed at the property by retrofits and renovation. llc. i am submitting a copy of two liens placed on the property of 4625 Indian River Dr, the first was filed on January 21,2022 from Jones Lumber, US LBM, LLC. and the second was filed on August 24,2022 from Douglas Sammons of Half-Sammons, LLC. Officer Cruz stated during my investigation, she found that a permit was applied for and issued to Mr. Douglas Sammons, Eden Agnew was not the applicant on the permit nor was his business put as a contact under this permit according to the Florida Department of Business and Professional Regulations (DBPR), Mr. Eden P. Agnew is eligible to take the exam for certified general contractor but is currently not licensed. She stated after speaking to Mr. Agnew, he stated that he was not licensed but working under Mr. Sammons. Office Cruz stated after conducting a computer check Mr. Agnew does not work for Mr. Sammons. according to Mr. Ferreira the contact person on the jobsite was Mr. Agnew. She stated Retrofits & Renovations LLC was found not to be a licensed contractor resulting in $500 citation #291 for: (1) falsely hold himself or a business organization out as licensed, a certificate holder, or registered contractor:
(6) for engaging in the business of or acting in the capacity of a contractor without being duly registered or certified being issued. Officer Cruz stated copies of the citation and citation letter were mailed certified mail which was delivered and signed for on September 15, 2022. She stated on September 22, 2022, a letter of appeal was received from Mr. Agnew. since a letter of appeal was received, the case was scheduled for the January 18, 2023, Contractor Licensing Board. Copies of the Notice to Appear were sent via certified mail which was delivered in addition to being posted on January 9, 2023, at the residential home address of Eden P. Agnew. Officer Cruz stated Staff is recommending that a lien be placed on the real or personal property of Mr. Eden Paul Agnew if the citation is not paid within 30 days. There was discussion among the Board, Staff and Mr. Agnew regarding the case. Mr. Pride made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. DiFrancesco seconded and the motion carried unanimously.
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CITATION APPEAL 2) Eden Agnew and/or Retrofits & Renovations LLC Chairman Leonard stated next on our agenda is citation appeal no. one for Case No. 2210-109123 against Eden Agnew and/or Retrofits & Renovations LLC. He asked Staff to update the Board on the case. Officer Cicio addressed the Board and stated for the record, she is submitting a total of twenty-three (23) photos, nine (9) photos taken on October 18, 2022, during an initial site inspection at the property address of 787 NE Prima Vista Blvd, Port St Lucie, eight (8) taken on October 19, 2022, two (2) taken on October 25, 2022, three (3) taken on October 26, 2022, and one (1) taken on January 5, 2023, showing a posted notice to appear. Officer Cicio stated he is submitting copies of check images 674, 556, 567 and 1031 paid from the business account of evangelical union of fisherman, inc. to retrofits & renovations totaling to the amount of $68,349.49, division of corporation information for retrofits & renovations, llc showing that Eden P. Agnew is the sole limited liability managing member and Workers’ Compensation Exemption information. Officer Cicio stated according to the Florida Department of Business and Professional Regulations (DBPR), Mr. Eden P. Agnew is eligible to take the exam for certified general contractor. He stated during my investigation, he found that commercial renovation permit, Permit 2103-0616, was issued on December 8, 2021, to the business of W.O. Gregory Construction Inc. through an unlicensed foreman onsite, he was able to make contact with Mr. Eden Agnew. he acknowledged being a sub-contractor under W.O. Gregory Construction Inc and works under that license. He further claimed to work under the license of another local contractor. Officer Cicio stated Retrofits & Renovations LLC was found not to be a licensed contractor resulting in $1000 (2nd offense) citation 309 for engaging in the business of or acting in the capacity of a contractor without being duly registered or certified being issued. copies of the citation and citation letter were mailed certified mail which was delivered and signed for on October 28, 2022. on November 4, 2022, a Letter of Appeal was received from Mr. Agnew. Since a letter of appeal was received, the case was scheduled for the January 18, 2023, Contractor Licensing Board. Officer Cicio stated copies of the Notice to Appear were sent via certified mail which remains undelivered in addition to being posted on January 5, 2023, at the residential home address of Eden P. Agnew. staff is recommending that a lien be placed on the real or personal property of Mr. Eden Paul Agnew if the citation is not paid within 30 days. There was discussion among the Board, Staff and Mr. Agnew. Mr. Difrancesco made a motion to accept staff’s recommendation of $1000.00 citation fee (2nd offence) to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Langel seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. CITATION APPEAL 3) Gregory Keith Whigham and/or All Florida Wind Mitigation Retrofits /dba/ W.O. Gregory Construction Inc. Chairman Leonard stated next on our agenda is citation appeal no. three for Case No. 2210-109125 against Gregory Keith Whigham and/or All Florida Wind Mitigation Retrofits /dba/ W.O. Gregory Construction Inc. He asked Staff to update the Board on the case. Officer Cicio addressed the Board and stated for the record, he is submitting a total of twelve (12) photos, four (4) photos taken on October 18, 2022, during an initial site inspection at the property address of 787 NE Prima Vista Blvd, Port St Lucie, five (5) taken on October 19, 2022, 1 taken on October 25, 2022, and two (2) taken on October 26, 2022.
Officer Cicio stated he is submitting copies of check images 674, 556, 567 and 1031 paid from the business account of Evangelical Union of Fisherman, Inc. to Retrofits & Renovations totaling to the amount of $68,349.49, Division of Corporation information for Retrofits & Renovations, LLC, fictitious company All Florida Wind Mitigation Retrofits and W.O. Gregory Construction Inc. included is workers’ compensation exemption information.
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Officer Cicio stated according to the Florida Department of Business and Professional Regulations (DBPR), Mr. Eden P. Agnew is eligible to take the exam for certified general contractor. He stated DBPR information is also included for Gregory Keith Whigham dba All Florida Wind Mitigation Retrofits/ W.O. Gregory Construction Inc for certified building contractor license CBC1253414, as well as permit information for commercial remodel permit 2103-0616. Officer Cicio stated during his investigation, he found that commercial renovation permit, Permit 2103-0616, was issued on December 8, 2021, to the business of W.O. Gregory Construction Inc. He stated it was also found that the scope of work exceeded the issued permit including exterior concrete work, electrical and plumbing work. through an unlicensed foreman onsite, he was able to make contact with Mr. Eden Agnew. he acknowledged being a sub-contractor under W.O Gregory Construction Inc and works under that license. Officer Cicio stated he further claimed to work under the license of another local contractor. as a result of his investigation, he issued a $500 citation, citation 310, to Gregory K Whigham, All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction Inc for proceeding on any job without obtaining the applicable building permits and aiding and abetting an unlicensed contractor. copies of the citation and citation letter were mailed certified mail which was returned. Officer Cicio stated on November 15, 2022, he personally served Mr. Gregory Keith Whigham copies of the citation and citation letter and he acknowledged receipt with signature. on November 28, 2022, a letter of appeal was received from Mr. Whigham. since a letter of appeal was received, the case was scheduled for the January 18, 2023, Contractor Licensing Board. He stated a copy of the notice to appear was personally served to Mr. Whigham on December 2, 2022. Officer Cicio stated staff is recommending that a lien be placed on the real or personal property of Mr. Gregory Keith Whigham if the citation is not paid within 30 days. There was discussion among the Board Staff and Mr. Whigham regarding the case. Mr. DiFrancesco made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mrs. Taylor seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – No, Mr. Kauffman – No. The motion carried. I. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 1) Douglas J. Sammoms and/or Half-Sammons Inc.
Chairman Leonard stated next on our agenda is citation appeal no. three for Case No. 2209-000017 against Douglas J. Sammons and/or Half-Sammons Inc. He asked Staff to update the Board on the case. Officer Cruz addressed the Board and stated for the record, she is submitting a total of twenty (20) photos taken by the property owner Stephen Ferreira at property address 4625 S Indian River Dr, Fort Pierce. She stated she is submitting the property owner Stephen Ferreira’s affidavit and copies of the nine (9) checks cashed by Retrofits and Renovations in the total amount of $ 178,770.00. Officer Cruz stated she is also submitting emails from October 9, 2021 through August 23, 2022 from an employee of retrofits and renovations to Mr. Ferreira with copies of the invoices to include itemized materials and labor that was performed at the property by Retrofits and Renovation LLC. She stated she is submitting a copy of two liens placed on the property of 4625 S Indian River Dr, the first was filed on January 21,2022 from Jones Lumber, US LBM, LLC. and the second was filed on August 24,2022 from Douglas Sammons of Half-Sammons, Inc. Officer Cruz stated a copy of citation #299 in the amount of $500.00 and citation letters both mailed certified mail and posted. the citation was issued for: SLC (11) Aids or abets any licensed person or business organization. Officer Cruz stated after my initial conversation with Mr. Douglas Sammons where she informed him that he would receive a citation and a Notice to Appear before the board for aiding Mr. Agnew with Retrofits and Renovations, LLC. She stated no further contact has been made.
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Officer Cruz stated after receiving no compliance from Mr. Douglas Sammons, the citation remains unpaid, the case was scheduled for the January 18, 2023, contractor licensing board. copies of the notice to appear were sent via certified mail in addition to being posted on January 9, 2023, at all known residential home addresses. Officer Cruz stated as of January 18, 2023, the citation remains unpaid, nor contested. She stated Staff is recommending that a lien be placed on the real or personal property of Mr. Douglas Sammons if the citation is not paid within 30 days. There was discussion among the Board Staff and Mr. Sammons regarding the case. Mr. Langel made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Pride seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 2) Christopher James Fontana Chairman Leonard stated next on our agenda is Waver of Right no. two for Case No. 2210-000018 against Christopher James Fontana. He asked Staff to update the Board on the case. Officer Cicio addressed the Board and stated for the record, he is submitting a total of thirteen (13) photos, eleven (11) photos taken on November 4, 2022, during a site inspection at the property address of 894 Woodlands Drive, Port St Lucie, and 2 taken on January 5, 2023, showing notice to appear postings. He stated he is submitting a copy of a complaint affidavit filed by property owner Roderick Wright on September 26, 2022, personal check images 421 and 422 totaling $14,000.00 for air conditioners made payable to Chris Fontana, a copy of citation 302 in the amount of $500.00 and citation letters both mailed certified mail and posted. Officer Cicio stated the citation was issued for engaging in the business or acting in the capacity of a contractor without being duly registered or certified. He stated according to Mr. Wright’s complaint affidavit, Christopher Fontana was working for a solar company, Green Solutions of Florida, on the day he contracted with Mr. Wright to install three new air conditioning units on the property, a company that is not licensed to perform HVAC/Mechanical work. Officer Cicio stated Mr. Fontana was terminated shortly after he installed the air conditioning units. He stated he did speak with the business owner of Green Solutions of Florida, John Rivera, on October 4, 2022, and he confirmed that Fontana had been
terminated and that he is not licensed and does not install air conditioning units. Officer Cicio stated copies of the citation and citation letter were mailed certified mail as well as posted at all known addresses for Christopher James Fontana. He stated since the citation remained unpaid, the case was scheduled for January 18, 2023, Contractor Licensing Board. Copies of the Notice to Appear were sent via certified mail in addition to being posted on January 5, 2023, at all known residential home addresses. He stated no contact has been made with Christopher Fontana. He stated several voice messages have been left for a returned phone call, but he has failed to do so to date. Officer Cicio stated as of January 18, 2023, the citation remains unpaid, nor contested. He stated Staff is recommending that a lien be placed on the real or personal property of Mr. Christopher James Fontana if the citation is not paid within 30 days. He stated Mr. Roderick Wright, the property owner, is also here if the Board would like to speak with him. Chairman Leonard asked if Mr. Christopher James Fontana or Mr. Charles Lee Johnson were present to speak to the Board. Officer Cicio answered no. Chairman Leonard asked the property owner, Mr. Wright to come up to the podium to be sworn in by the Recording Secretary. Mr. Roderick Wright was sworn in by the Recording Secretary.
Chairman Leonard asked Mr. Wright if he would like to tell the Board a little bit about what happened. Mr. Wright stated he hired a solar company to put solar panels on his roof because of the high cost of electricity. He stated Mr. Fontana was the representative who came and spoke to him about the solar system. He sated then he started to talk to him about air conditioning and he told Mr. Fontana that one (1) of his air conditioning unit was out and two (2) are still working.
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Mr. Wright stated Mr. Fontana presented himself as working with the solar company dealing with air conditioning also and when he spoke to the owner of the solar company, he advised him that neither Mr. Fontana nor Mr. Johnson deal with air conditioning at all. He stated this is after the fact, after everything was done. There was discussion among the Board, Staff and Mr. Wright regarding the case. Mr. DiFrancesco made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Jerger seconded and the motion carried unanimously. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 3) Charles Lee Johnson Officer Cicio addressed the Board and stated for the record he is submitting a total of thirteen (13) photos, eleven (11) taken on November 4, 2022, during a site inspection at the property address of 894 Woodlands Drive, Port St Lucie, and two (2) taken on January 5, 2023, showing Notice to Appear postings. Officer Cicio stated he is submitting a copy of a complaint affidavit filed by property owner Roderick Wright on September 26, 2022, personal check image 423 in the amount of $3,000.00 for air conditioner made payable to Charles Johnson, a copy of citation 303 in the amount of $500.00 and citation letters both mailed certified mail and posted. the citation was issued for engaging in the business or acting in the capacity of a contractor without being duly registered or certified. Officer Cicio stated he is also submitting a copy of an invoice provided by Tropic Supply on September 28, 2021, with the initials of CJ listed in the top right corner. He stated he contacted Tropic Supply on November 4, 2022, and was advised by manager Bruce that the initials CJ in the upper right corner is for Charles Johnson. According to Mr. Wright’s complaint affidavit, Charles Johnson was working with Christopher Fontana for an air conditioning installation at the address of 894 woodlands Dr, Port St Lucie, fl. which is the residence of Mr. Wright. Officer Cicio stated he spoke to Charles Johnson on October 4, 2022, and he admitted to helping install the air conditioning units. He claimed that the property owner, Roderick Wright, was supposed to obtain a permit for the work and that he is legally allowed to sub-contract under the property owner as the owner is the contractor. He stated he advised Mr. Johnson that he was going to be issued a citation and he disconnected the call. copies of the citation and citation letter were mailed certified mail as well as posted at all known addresses for Charles Johnson. Officer Cicio stated since the citation remained unpaid, the case was scheduled for the January 18, 2023, contractor licensing board. copies of the notice to appear were sent via certified mail in addition to being posted on January 5, 2023, at all known residential home addresses of Charles Lee Johnson. Officer Cicio stated as of January 18, 2023, the citation remains unpaid, nor contested. staff is recommending that a lien be placed on the real or personal property of Mr. Charles Lee Johnson if the citation is not paid within 30 days. There was discussion among the Board, Staff and Mr. Wright regarding the case. Chairman Leonard asked if Mr. Christopher James Fontana or Mr. Charles Lee Johnson were present to speak to the Board. Officer Cicio answered no. Chairman Leonard asked the property owner, Mr. Wright to come up to the podium to be sworn in by the Recording Secretary. Mr. Roderick Wright was sworn in by the Recording Secretary. Chairman Leonard asked Mr. Wright if he would like to tell the Board a little bit about what happened. Mr. Wright stated he hired a solar company to put solar panels on his roof because of the high cost of electricity. He stated Mr. Fontana was the representative who came and spoke to him about the solar system. He sated then he started to talk to him about air conditioning and he told Mr. Fontana that one (1) of his air conditioning unit was out and two (2) are still working.
Mr. Wright stated Mr. Fontana presented himself as working with the solar company dealing with air conditioning also and when he spoke to the owner of the solar company, he advised him that neither Mr. Fontana nor Mr. Johnson deal with air conditioning at all. He stated this is after the fact, after everything was done. There was discussion among the Board, Staff and Mr. Wright regarding the case.
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Mr. DiFrancesco made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Jerger seconded and the motion carried unanimously. J. OLD BUSINESS: None. K. NEW BUSINESS: Brief Discussion on Sunshine Laws (Katherine Barbieri). Assistant County Attorney, Katherine Barbieri, addressed the Board and stated this is a refresher’s course we are doing on Sunshine Laws for most our Boards just so that you do not forget about it. It protects the public from the closed-door meetings decision making which gives the right of access to governmental meetings. This is why we meet here in chambers, where the public can attend. She stated she understands that these meetings are not usually attended by a lot of the public, but they can come. Assistant County Attorney, Katherine Barbieri stated it is required by the Florida Statute and the Constitution that the meetings be public. She stated three (3) basic requirement are: 1. They are open to the public.
2. They will provide reasonable.
3. The minutes of the meeting must be taken and promptly recorded.
Assistant County Attorney, Katherine Barbieri reminded the Board members of the importance of adhering to Sunshine Laws. She stated there should be no discussion among the Board members regarding any matter that may come before this Board. She stated discussion includes text messaging, Twitter, Facebook or anything else, so if there are any disciplinary actions or anything else that this Board might consider, licensing or anything, the Board can only discuss it when they are at a public
meeting with public notice. There was further discussion among the Board and Assistant County Attorney, Katherine Barbieri regarding the Sunshine Laws. ADJOURNMENT: The meeting was adjourned at 11:12 a.m. The next Contractor Examining Board Hearing will be held on WEDNESDAY, March 15, 2023 AT 8:30 A.M. Respectfully submitted, ------------------------------------------------ Michael DiFrancesco, Board Secretary Or Travis Leonard, Chairman
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Contractor Licensing Board Minutes – Draft
March 15, 2023, at 8:30 a.m. St. Lucie County Administration Board of County Commissioners
Commission Chambers
PRESENT ABSENT STAFF PRESENT
Contractor Licensing Supervisor…………………………………………………… Danielle Williams Building Official………..……………………………………………….……………. Doug Harvey Assistant County Attorney………………………………………………………….. Katherine Barbieri Code Compliance Manager……………………………………………………….. Monica Graziani Contractor Licensing Investigator………………………………………………… Mike Cicio Contractor Licensing Investigator………………………………………………… Arlene Cruz Board Recorder……………………………………………………………………... Roxann Johnson A. CALL TO ORDER: The meeting was called to order at 9:02 a.m. B. ROLL CALL OF BOARD MEMBERS: The roll was called. Board members, Mr. Adam Sampson, Mr. Roger Priest, Mrs. Sheila McCarthy-Taylor and Mr. Michael Kauffmann were absent. C. APPROVAL OF MINUTES: November 16, 2022 Contractor Examining Licensing Board Meeting Motion was made by Mr. Pride to approve the Minutes of the November 16, 2022 meeting. Mr. Morris seconded and the motion carried unanimously. D. SWEARING IN OF STAFF: The following staff members were sworn in by the Recording Secretary: Danielle Williams, Douglas Harvey, Arlene Cruz and Mike Cicio.
Chairman.…………………………..................................................................... Travis Leonard
Secretary…………………………………………………………………………… Michael DiFrancesco
Vice Chairman……………………………………………………………………… Tony Jerger
……………………...………………………………………………………………… Michael Pride
Chris Langel
………………...……………………………………………………………………… Sheila McCarthy-Taylor
……………………………………………………………………………………….. Gary Morris
………………..……………………………………………………………………….. Adam Sampson
………………………………………………………………………………………… Roger Priest
………………………………………………………………………………………… Michael Kauffmann Jr.
………………………………………………………………………………………… Sheila McCarthy-Taylor
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E. PUBLIC COMMENT: Chairman Leonard asked the audience if anyone present wanted to speak to the Board under public comment. There being none the Board moved on to Applications to be approved. F. APPLICATIONS TO BE APPROVED BY CONSENT VOTE: Motion was made by Mr. Morris to approve the applicants recommended by Consent vote. Mr. Pride seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Testing Agency
APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY: Motion was made by Mr. DiFrancesco to approve the applicants recommended by Reciprocity vote. Mr. Langel seconded and the motion carried unanimously. Qualifier Business Name Type of Contractor Daniel L. Coston Marine Construction Inc. Marine Contractor
APPLICATIONS APPROVED ADMINISTRATIVELY BASED ON RECIPROCITY FROM THE CITY OF PORT ST. LUCIE OR THE CITY OF FORT PIERCE: The applicant’s name was read into the record. THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR REVIEW BY THE BOARD:
G. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION 1) Case No. 2210-0000025 – Matthew R. White and/or Majestic Land Development & Fencing LLC Chairman Leonard stated next on our agenda is Waver of Right No. one for Case No. 2210-0000025 against Matthew R. White and/or Majestic Land Development & Fence LLC. He asked Staff to update the Board on the case.
Raymond Chew Jr. N/A Journeyman Electrician Prov
Manuel Maldonado MM Concrete and Labor LLC Concrete Contractor Prov
Aaron Applebee N/A Journeyman Electrician Prov
Danielle R. Priest High Maintenance Home & Lawn Care Services LLC Irrigation Sprinkler Prov
John E. Walker N/A Journeyman Electrician Prov
Qualifier Business Name Type of Contractor
Jeremy Stone Stone Plumbing LLC Plumbing Contractor
Qualifier Business Name Type of Contractor
None.
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Officer Cruz addressed the Board and stated for the record, she is submitting a total of seven (7) photos taken on October 12,2022, during an inspection at the property address of 3091 McNeil Rd., Ft. Pierce 34981. She stated she received a complaint affidavit from Ms. Ashley Viner, who filed a complaint against Matthew R. White of Majestic Land Development & Fence LLC. She stated during her investigation it was found that a permit was issued for the fence. Permit # fenc-2205-000131 was applied for by the owner and issued to them on June 29,2022. Officer Cruz stated on May 19, 2022, Ms. Viner had been quoted $10,000 by Matthew R. White of Majestic Land Development & Fence LLC to place a fence on her property and she agreed to have the work done. She stated it was requested by Mr. White that Ms. Viner apply for the permit under owner/builder as it would save him some money. She stated after doing some research she found that Majestic Land Development & Fence LLC was advertising themselves as licensed and insured on one of the social media platforms but did not post their license number. Officer Cruz stated Ms. Viner paid Matthew R. White of Majestic Land Development & Fence LLC a total of $9,715 and does not have completed work. She stated the permit has since then expired as no inspections were done and the fence remains in disrepair in some areas. Officer Cruz stated after looking through DPBR and our county records Mr. White is neither state nor locally licensed. She stated on January 26, 2023, Matthew R. White of Majestic Land Development & Fence LLC received a $500 citation (1st offense), citation number # 354, for engaging in the business or act in the capacity of a contractor without being duly registered or certified, via certified mail. which was delivered. The citation remained unpaid and uncontested. Officer Cruz stated on February 24, 2023, a Notice to Appear for the March 15, 2023, Contractor Licensing Board was posted to the property of Matthew R. White at 1016 SW 29th Terrace, Palm City, FL. 34990. As of March 15, 2023, the citation remains unpaid. Staff is recommending that a lien be placed on the real or personal property of Mr. Matthew R. White and/or Majestic Land Development & Fence LLC if the citation is not paid within 30 days. There was discussion among the Board and Staff regarding the case. Mr. DiFrancesco made a motion to accept staff’s recommendation of $500.00 citation fee (1st offence) to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Jerger seconded and the motion unanimously. 2) Case No. 2210-109151 – Ronald Blain Jr. and/or Anchor Down Mobile Homes Inc. Chairman Leonard stated next on our agenda is Waver of Right No. two for Case No. 2210-109151 against Ronald Blain Jr. and/or Anchor Down Mobile Homes Inc. He asked Staff to update the Board on the case. Officer Cruz addressed the Board and stated for the record, she is submitting a total of five (5) photos taken on October
20,2022, during an inspection at the property address of 5289 Deanna Lane, Ft. Pierce, 34946. She stated during my investigation it was found that the contractor, Ronald Blain Jr. of Anchor Down Mobile Homes, Inc. set the mobile home on the lot of 5289 Deanna Lane without first obtaining a permit. She stated a permit was applied for on August 24, 2022 but is still in review as of today. Officer Cruz stated on January 26, 2023, Mr. Ronald Blain jr. of Anchor Down Mobile Homes, Inc. received a $1000 citation (2ndt offense), citation number #350. for proceeding on any job without first obtaining applicable local building permits and inspections or perform of any work for which a building permit and environmental regulations permit is required without such permit being current, via certified mail which was delivered. She stated the citation remained unpaid and uncontested. Officer Cruz stated on February 24, 2023, a Notice to Appear for the March 15, 2023, Contractor Licensing Board was posted to the property of Ronald Blain Jr. at 7205 Santa Clara Blvd., Fort Pierce, FL 34951. As of March 15, 2023, the citation remains unpaid. Staff is recommending that a lien be placed on the real or personal property of Mr. Ronald Blain Jr. if the citation is not paid within 30 days. Chairman Leonard asked if Mr. Ronald Blain or a representative of Anchor Down Mobile Home Inc. was present to speak to the Board. Mr. Blain answered yes.
Chairman Leonard asked Mr. Blain to come up to the podium and be sworn in by the Recording Secretary. Mr. Ronald Blain Jr. was sworn in by the Recording Secretary. Chairman Leonard addressed Mr. Blain and stated this your second offence and second time coming before this Board. He asked him why he did not pull a permit.
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Mr. Blain answered the permit was applied for. He stated he has been moving homes in this County for over twenty (20) years. He does all of Spanish Lakes’ moving. He stated when the gentleman bought the home, they gave him three (3) weeks to take the home out of Spanish Lakes. He stated there was no way he would get a permit in St Lucie County in three (3) weeks. It was either the guy moves the home off Spanish Lakes’ property, or he loses the home. So, they put the home on his property and applied for the permit. At this time, Hurricane Ian was out there. He stated so, he had a home in Vero Beach that wasn’t put together and the home in Fort Pierce. Mr. Blain stated he did not want to take a chance of that storm coming this way, blowing these homes apart, then he would be in more trouble than he is probably in now. So, he put the home together and tied it down. The permit was applied for. It was in St Lucie County. There was discussion among the Board, Staff and Mr. Blain regarding the case. Mr. DiFrancesco made a motion to reduce the citation fee of $1000.00 to $250.00 to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Pride seconded and the motion carried. Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – No, Mr. Pride – Yes, Mr. Morris – No. The motion carried. 3) Case No. 2210-109158 – John L. George and/or George & Associates Contractors Inc. Chairman Leonard stated next on our agenda is Waver of Right No. three for Case No. 2210-109158 against John L. George and/or George & Associates Contractors Inc. He asked Staff to update the Board on the case. Officer Cruz addressed the Board and stated for the record, she is submitting a total of seven (7) photos taken on October 28,2022, during an inspection at the property address of 2911 Avenue S, Ft. Pierce, FL 34947. She stated during her investigation with the assistance of building inspector Mike Lunsford. It was found that the contractor, George & Associates Contractors, Inc. replaced all the windows and doors without a permit. Officer Cruz stated a stop work order was placed on the property. On November 8, 2022, Mr. John l. George the owner and qualifier of George & Associates contractors, Inc. received a $500 citation (1st offense), citation number # 351. for proceeding on any job without first obtaining applicable local building permits and inspections or perform of any work for which a building permit and environmental regulations permit is required without such permit being current, via certified mail. The certified mail remained undelivered. Officer Cruz stated on February 17, 2023, the citation was then posted to the property, the citation remained unpaid and
uncontested. On March 3, 2023, a Notice to Appear for the March 15, 2023, Contractor Licensing Board was posted to the property of John L. George at 2990 Conifer Drive, Fort Pierce, FL 34951. Officer Cruz stated as of March 15, 2023, the citation remains unpaid. Staff is recommending that a lien be placed on the real or personal property of Mr. John L. George if the citation is not paid within 30 days. Mr. Jerger recused himself from the case. He stated Mr. George is a friend of his and he is in the hospital right now. He has had two (2) heart attacks, and his heart is working like twenty percent. He will not be able to be here at the meeting. Chairman Leonard thanked Mr. Jerger for bringing this information to the Board’s attention. There was discussion among the Board and Staff regarding the case. Mr. DiFrancesco made a motion to continue Case No. 2210-109158 to the May 17, 2023 Contractors Examining Board Meeting. Mr. Jerger seconded and the motion carried unanimously. 4) Case No. 2212-109451 – Nicole Kinsworthy and Jeremy Goodine and/or Ark Restoration & Roofing Svcs Inc.
Chairman Leonard stated next on our agenda is Waver of Right No. four for Case No. 2210-109451 against Nicole Kinsworthy and Jeremy Goodine and/or Ark Restoration & Roofing Services Inc. He asked Staff to update the Board on the case. Officer Cicio addressed the Board and stated for the record, he is submitting a total of twelve (12) photos, ten (10) taken on by Building Inspector, Clyde Heffelfinger, on December 19, 2022, when a stop work order was placed at the property of 5600 Palmetto Dr, Ft. Pierce, for commencing work without a permit, and two (2) taken by me on December 20, 2022, during his site
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inspection. During his site inspection at the 5600 Palmetto Dr, Ft Pierce, FL, he found that the property owner, Mr. George England, contracted with roofing contractor Ark Restoration & Roofing Services, LLC in July 2022 for a new roof installation. Officer Cicio stated on the day the stop work order was issued, a roofing permit had not been applied for or issued. It was also found that the licensed roofing qualifier, Gerald Brian Curry, had removed his name prior to the commencement of work, leaving this company without a licensed roofing qualifier. This was confirmed with the Florida Department of Business and Professional Regulations. Officer Cicio stated he issued a $500 citation, citation number 360, for proceeding on a jobsite without first obtaining a permit on December 21, 2022, which was sent via certified mail. The citation and citation letter were served on December 23, 2022. Since the citation remained unpaid, the case was scheduled for the March 15, 2023, Contractor Licensing Board. Officer Cicio stated as of March 15, 2023, the citation remains unpaid, nor contested. Staff is recommending that a lien be placed on the real or personal property of Ark Restoration & Roofing Services, Inc if the citation is not paid within thirty (30) days. There was discussion among the Board and Staff regarding the citation case. Mr. DiFrancesco made a motion to accept staff’s recommendation of $500.00 citation fee (1st offence) to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Morris seconded the motion and the motion carried unanimously. 5) Case No. 2212-109371 – David Wallace and/or DW Residential LLC. Chairman Leonard stated next on our agenda is Waver of Right No. five for Case No. 2212-109371 against David Wallace and/or DW Residential LLC. He asked Staff to update the Board on the case. Officer Cicio addressed the Board and stated for the record, he is submitting a total of 10 photos, 9 taken on dec 6, 2022, during a cite inspection at the address of 413 S Naranja Ave., Port St Lucie, FL and one (1) taken on March 3, 2023, showing a Notice to Appear posted. He stated he is submitting copies of a $2,000.00 citation (3rd offense) along with citation letters mailed certified mail as well as posted on the jobsite on December 13, 2022. Officer Cicio stated he is submitting Division of Corporations information for the business of DW Residential LLC showing that the business is dissolved by annual report and sole managing member to be David C Wallace, contractor license information from the Florida Department of Business and Professional Regulations (DBPR) showing that the certified building contractor license for Mr. David C. Wallace, license number CBC1262209 is revoked. Officer Cicio stated revocation commenced in January 2022. He is submitting an estimate from DW Residential LLC dated July
9, 2022, for a rear addition to the home in the amount of $67,000.00 as well as two (2) check images from the personal account of the mother of the property owner, check image 1160 in the amount of $13,400.00 dated July 15, 2022, and check image 1180 in the amount of $20,100 dated October 28, 2022. These checks totaled $33,500.00. Officer Cicio stated on December 6, 2022, he issued a $2,000.00 citation (3rd offense), citation number 356, to DW Residential LLC/David C Wallace for engaging in the business or acting in the capacity of a contractor without being duly registered or certified. Copies of the citation and citation letter were mailed to the three (3) known addresses for Mr. Wallace but remained undelivered. A copy of the citation and citation letter was posted at the jobsite on December 13, 2022. Officer Cicio stated after receiving no compliance and after numerous attempts to contact Mr. Wallace failed, a Notice to Appear for the March 15, 2023, Contractor Licensing Board Meeting was sent via certified mail. a copy of the Notice to Appear was posted at the jobsite location on March 3, 2023. Officer Cicio stated as of March 15, 2023, the citation remains unpaid, nor contested. staff is recommending that a lien be placed on the real or personal property of DW Residential LLC/David C Wallace if the citation is not paid within 30 days. this case has already been forwarded to St Lucie County Sheriff’s Office as well as the Florida Department of Business and Professional Regulations (DBPR). There was discussion among the Board and Staff regarding the citation case. Mr. DiFrancesco made a motion to accept staff’s recommendation of $2000.00 citation fee (3rd offence) to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Jerger seconded the motion and the motion carried unanimously.
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H. CITATION APPEAL: 1) Case No. 2212-109375 – Michael S. Largo and/or All Tropical Services LLC. Officer Cicio addressed the Board and stated for the record, he is submitting: (1) A total of nine (9) photos taken on December 6, 2022, during a site inspection at the property address of 413 S.
Naranja Ave, Port St Lucie, FL. (2) A copy of a citation letter and $500 citation, citation number 357, along with delivery confirmation.
(3) Building permit application submitted on or about December 1, 2022, showing Michael S. Largo as the
contractor.
(4) Division of Corporations information.
(5) License information from the Florida Department of Business and Professional Regulations (DBPR) and workers’
compensation exemption. (6) Invoice from all tropical services llc/michael s. largo in the amount of $67,000 for a rear addition. (7) Soil compaction report from KSM Engineering to All Tropical Services, LLC/Michael S. Largo.
(8) Check image, check 134, from the business account of DW Residential/David C. Wallace to Michael Largo in the
amount of $1,500.00 dated October 31, 2022 for permit deposit; and
(9) An email received from Mr. Largo on December 20, 2022, appealing the citation.
Officer Cicio stated on December 6, 2022, during a site visit, he found that work commenced on a pending permit, permit number building permit BLDR-2212-002268 for an addition, was in review along with an electrical permit, permit ELER-2212-001332. He stated he made contact with Mr. Michael Largo, and he claimed that he was unaware that the work had commenced. Officer Cicio stated on December 8, 2022, he issued a $500 citation, citation number 357, to Michael S. Largo/All Tropical Services LLC for proceeding on a jobsite without first obtaining applicable building permits or inspections. He stated copies of the citation and citation letter were mailed via certified mail, which was delivered and signed for on December 10, 2022. Officer Cicio stated on December 20, 2022, he received an email from Mr. Largo appealing the citation and requesting the case be scheduled for contractor licensing board. On December 20, 2022, he sent out a notice to appear for the March 15, 2023, Contractor Licensing Board Meeting which was delivered and signed for on December 23, 2022. Officer Cicio stated Staff is recommending that a lien be placed on the real or personal property of Mr. Michael S. Largo if the citation is not paid within 30 days. There was discussion among the Board, Staff and Mr. Largo regarding the case.
Mr. Pride made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Langel seconded the motion and the motion carried unanimously. H. DISCIPLINARY CASE: 1) Case No. 2212-109379 – Michael S. Largo and/or All Tropical Services LLC. Officer Cicio addressed the Board and stated for the record, he is submitting the following: (1) A total of nine (9) photos taken on December 6, 2022, during an initial site inspection at the property address of
413 S. Naranja Ave, Port St Lucie, FL. (2) Division of Corporations information for the business of All Tropical Services, LLC listing the managing member
to be Erik Largo.
(3) License information obtained from The Florida Department of Business and Professional Regulations database
(DBPR) showing that Michael S. Largo, qualifier, is a state licensed certified general contractor, license number
CGC057001 effective June 23, 1993.
(4) The workers’ compensation exemption information for Mr. Michael S. Largo. The workers’ compensation exemption for Erik Largo has also expired. No workers’ compensation policies were found, and this was confirmed by the Florida Department of Financial Services.
(5) Division of Corporations information for DW Residential LLC, showing that this company is inactive, dissolved in
September 2022 for annual report. David C Wallace is listed as the sole managing member.
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(6) Information obtained from the DBPR database showing that the certified building contractor license for David C
Wallace / DW Residential LLC, license number CBC1262209, has been revoked. The date of revocation appears
to be in January 2022. Workers’ compensation exemption information is also provided.
(7) Building permit application as well as sub-contractor agreements that were hand delivered by David Wallace to
the Permitting Department. (8) The permit application is for construction of an attached in-law suite on rear of residence. The building permit application does list Michael S. Largo as the contractor, however, the contact information for David C. Wallace
was used.
(9) An estimate drafted by David C Wallace / DW Residential LLC for an addition dated July 9, 2022, for the amount
of $67,000.00 as well as copies of two (2) checks from the personal account of the property owners’ mother,
check 1160 in the amount of $13,400 dated July 15, 2022, and check image 1180, in the amount of $20,100 dated October 28, 2022, totaling $33,500. The checks were both made out to DW Residential; and
(10) A copy of an invoice provided by the property owners showing the contractor to be all tropical services llc for the
amount of $67,000 dated July 25, 2022. the property owners can testify that this invoice was backdated.
Officer Cicio stated the property owners did provide financial information provided to them by David C Wallace as means of justifying the amount of money spent by the property owners. He stated the Board can see that some of the check images from the business account of David C Wallace / DW Residential LLC match the businesses submitted with the original permit application on the sub-contractor agreements. Since some of the work had already been performed on the day of my site visit without a permit, those contractors are currently under investigation. Officer Cicio stated on or about December 1, 2022, he was advised by the Permitting Department that David C Wallace / DW Residential LLC had attempted to submit for a building permit for the address of 413 S Naranja Ave, Port St. Lucie. He stated a computer check revealed that, building permit BLDR-2212-002268 for an addition was in review along with an electrical permit, permit ELER-2212-001332. Officer Cicio stated he immediately placed a hold on the permits as he knew David C Wallace / DW Residential LLC had a revoked state license. As a result of this hold, he was contacted by the property owners, Mr. George Cavros and Diana Martinez and he agreed to meet with them on their property. upon arrival, it was found that the work had already commenced as formboards and a plumbing rough-in was complete.
Officer Cicio stated he was also advised that electrical work had been completed. A stop work order was placed on the property for commencing work without the required permits. The property owners did confirm at that time that they contracted with and had paid David C Wallace / DW Residential LLC for the project. He stated he was emailed copies of the contract and check images for verification. Officer Cicio stated he was able to make contact with michael s largo/all tropical services llc. during my conversation with Mr. Largo, he admitted that Wallace is a sub-contractor who he has used for many years in the St. Lucie County area. He admitted that profits are split between both him and Mr. Wallace, and sometimes he takes a percentage. Mr. Largo claimed that he did not know that Wallace was an unlicensed contractor. Officer Cicio stated he attempted contact with David C Wallace on several occasions, however, he has not had any contact to date. He stated upon investigation, it was found that All Tropical Services LLC violated: SLC 10-26 (13) – Disregard or violate any county ordinance relating to unlicensed contractors. IN SLC SEC. 10-56, Any person, other than a certified contractor as defined in this article, desiring to engage in or work at the business or occupation of contractor, as defined in this article, in the unincorporated areas of the county shall not engage in said occupation or business until such person has first obtained a certificate of competency as provided in this division and has registered in the proper classification with the state department of business and professional regulation pursuant to the provisions of F.S. ch. 489. SLC 10-67 (3) – Disregards and violates an applicable state or local building code, regulation or law Officer Cicio stated All Tropical Services LLC commenced unpermitted work at the residence of Mr. Cavros and Mrs. Martinez on a pending permit including the removal of vegetation, the forming of the slab, rough in of plumbing work and electrical work. Mr. Largo’s information is on the building permit application including signature under notary on November 5, 2022. The sub-contractor agreements are also signed by Mr. Largo under notary on November 5, 2022. SLC 10-67 (15) – Aids or abets any unlicensed person or business organization to evade any provision of this
division. Officer Cicio stated in this section, All Tropical Services LLC allowed David C Wallace / DW Residential LLC to submit a permit application with knowledge that work was not going to be performed by his company. David C. Wallace was allowed to
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take payments as an unlicensed contractor and in turn, make payment to michael largo through the business account of DW Residential. Officer Cicio stated as a result of my investigation, a notice to appear before the march 15, 2023 contractor licensing board was sent via certified mail which was delivered and signed for on dec 10, 2022. a copy was also posted at the worksite on December 13, 2022. Officer Cicio stated based upon the facts in this case, Staff is recommending to the Board to suspend the permitting privileges for All Tropical Services LLC/ Michael S. Largo for a period not to exceed 365 days. this does not include issued permits, only new permit applications. Michael S. Largo/All Tropical Services LLC must make a written request and appear before the contractor licensing board to have the permitting privileges reinstated. Officer Cicio stated Staff is also recommending that a copy of the Board’s Order be forwarded to the Florida Department of Business and Professional Regulations (DBPR) and the surrounding municipalities. There was discussion among the Board, Staff and Mr. Largo regarding the case. Mr. Morris made a motion to accept Staff recommendation to suspend the permitting privileges for Michael S. Largo and/or All Tropical Services LLC for a term not to exceed three hundred and sixty-five (365) days. After the suspension period, Mr. Michael S. Largo and/or All Tropical Services LLC must request to be reinstated before the Contractor Licensing Board. It is further recommended that this case along with the copy of this Board’s Order be prepared and sent to the state and surrounding municipalities. Mr. DiFrancesco seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes. The motion carried unanimously. H. OLD BUSINESS: Motion for Appeal / Reconsideration and Rehearing: 1) Case No. 2211-109207 – Gregory Keith Whigham/All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction, Inc. Chairman Leonard addressed Mr. Whigham and asked him to come up to the podium and be sworn in by the Recording Secretary. Mr. Gregory Whigham was sworn in by the Recording Secretary Chairman Leonard thanked Mr. Whigham for attending the meeting. Officer Cicio addressed the Board and stated Mr. Whigham was here at the last meeting for All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction, Inc and his license was revoked. Chairman Leonard stated Mr. Whigham is here before us today to appeal the Board’s decision for suspension of his permitting privileges for three hundred and sixty-five (365) days. Mr. Whigham stated that is correct. There was discussion among the Board, Staff and Mr. Whigham regarding the case. Mr. Langel made a motion to reinstate Mr. Gregory Keith Whigham/All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction, Inc.’s license. Mr. DiFrancesco seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes. The motion carried unanimously. 2) Motion to approve Probation Status verbiage. There was discussion among the Board and Staff regarding the Probation Status verbiage.
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Chairman Leonard asked the Board if they had any questions of Staff. There being none, he requested a motion to approve. Mr. Langel made a motion to approve the Probation Status verbiage. Mr. DiFrancesco seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes. The motion carried unanimously. 3) Annual Report Presentation. Code Enforcement Supervisor, Danielle Williams, addressed the Board and presented the Annual Report Presentation. I. NEW BUSINESS: None. ADJOURNMENT: The meeting was adjourned at 10:42 a.m.
The next Contractor Examining Board Hearing will be held on WEDNESDAY, May 17, 2023, AT 8:30 A.M.
Respectfully submitted, ------------------------------------------------ Michael DiFrancesco, Board Secretary Or Travis Leonard, Chairman
Page 25 of 114
CONSENT
Itzan D. Pupo Journeyman Electrician
Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws
Applicant passed the following Prov prepared, proctored and graded exam(s)
EXAM(S) DATE GRADE
Journeyman Electrician 2020 04/17/2023 90.0%
Certificate # 033646
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CONSENT
Dwayne A. Sapp Irrigation Sprinkler Contractor
Tropiscapes Enterprises LLC dba
Tropiscapes
Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws
Applicant passed the following Block & Associates prepared, proctored and graded exam(s)
EXAM(S) DATE GRADE Irrigation Sprinkler Contractor 08/06/1986 91.5%
Business and Law (Included)
Certificate # 033782
Page 27 of 114
CONSENT
Collin Forbes Electrical Contractor
Caribbean Connect Electric LLC
Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws
Applicant passed the following Prov prepared, proctored and graded exam(s)
EXAM(S) DATE GRADE Master Electrician 2020 03/03/2023 72.0%
Business and Law 04/11/2023 70.0%
Certificate # 033520
Page 28 of 114
RECIPROCITY
Richard P. Peterson Snr. Irrigation Sprinkler Contractor
Peterson Sprinkler Services LLC
Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws
Applicant passed the following Prov prepared, proctored and graded exam(s)
EXAM(S) DATE GRADE RECIPROCITY Irrigation Sprinkler 12/10/2005 84.0% City of Sebastian
Business and Law 12/10/2005 78.0% City of Sebastian
Certificate # 033739
Page 29 of 114
RECIPROCITY
Yves J. Thelusca Electrical Contractor
G Y & T Electric LLC
Applicant has provided all other documents in compliance with St. Lucie County Code of
Ordinances and Compiled Laws
Applicant passed the following Prov prepared, proctored and graded exam(s)
EXAM(S) DATE GRADE RECIPROCITY
Master Electrician 2014 06/24/2021 76.0% Palm Beach County
Business and Law 05/12/2022 75.0% Palm Beach County
Certificate # 033731
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