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[1:00:00]
Yeah.
[1:01:19]
Anybody to turn in. Eaker
request.
Anyone not exciting and on the
[1:01:36]
side and sheet. Yes, it's just
an accounting of parole. Yes,
sir.
[1:02:26]
Person. Secretary that we have a
quorum. Yes, sir. We do. You
have proof of publication
[1:02:43]
notification of this meeting?
Yes sir. Mr Chairman. It was
published on May 26th 2022, the
[1:02:48]
Escambia County Son Press. Would
you read the board rooms, please
? Yes, sir. Mr. Chairman please
[1:02:56]
Silence all cell phones. If you
wish to speak, Please let the
board secretary know in advance
[1:03:01]
. Otherwise raise your hand for
the board chair to recognize
your request. When the chairman
[1:03:06]
calls you to speak. Come to the
podium, Adjust the microphone,
then state your name and address
[1:03:11]
for the record. You are
requested to keep your remarks
brief and factual. Both parties
[1:03:16]
have an issue We granted uniform
maximum time to speak. This
typically runs between 3 to 5
[1:03:20]
minutes. This hearing is
considered quasi judicial
conduct is formal and profane or
[1:03:25]
derogatory comments will not be
tolerated. Thank you. I'll
entertain a motion to approve
[1:03:32]
the minutes from the May 4th
meeting. Motion to prove their
second In the additions,
[1:03:36]
deletions. Being known All those
in favor say, Aye. Opposed like
sign being known. The minutes
[1:03:43]
are approved. At this time, I'll
entertain a motion to move the
public forum. To the end of the
[1:03:50]
meeting. Motion made. Is there a
second? And the discussion.
Being known. All those in favor
[1:04:00]
say Aye opposed like science.
Also moved to admit all atoms of
backup that were submitted for
[1:04:08]
this meeting. Do the to the
agenda. To the record of this
meeting. Entertain a motion.
[1:04:13]
Right? Is there a 2nd 2nd motion
bathing secretary. Any
discussion? Being done all those
[1:04:22]
in favor say Aye. Opposed, like
sign. Being known. The motions
approved at this time we have
[1:04:31]
the board secretary status
report. No items for the board.
We moved to item seven contract
[1:04:39]
applications first on the board.
We have Thomas Paciello, the
third he is here for an
[1:04:47]
application for examination for
master plumber with gas. Mr
Fastenal or your present. If you
[1:04:53]
could please come to the podium,
state your name and address for
the record. My name is Thomas
[1:05:04]
Facinelli of my address Is 1912
West Gregory Street. Pensacola,
Florida. To have you here? His
[1:05:10]
staff's recommendation to
approve this application. A
motion to approve the
[1:05:14]
application. Is there a second
motion made in secretary proof
of the application for
[1:05:21]
examination. Master plumber with
gas for Thomas Vincent Nilo
third. Thank you. Motion made
[1:05:30]
all those in favor. Say Aye
opposed like son. Being none.
The motion for examination is
[1:05:37]
approved for Master plumber. Mr
Fiscella, don't come back to see
us. I remember too. Next on the
[1:05:47]
board. We have Jonathan King.
He's here for an application for
examination, also for a master
[1:05:51]
plumber with gas. Mr King. If
you could come to the podium,
state your name and address for
[1:05:58]
the record. Jonathan King. My
address is 8572 Wickham place.
Pensacola folded 3 to 514 to
[1:06:10]
have you here, Mr King Steps
recommendation that this
application be approved motion
[1:06:15]
to approve. Circuit. In the
discussion. None all those in
favor say Aye opposed like son.
[1:06:26]
Being none. Application for
examination for Jonathan King is
a master plumber with gas is
[1:06:31]
approved. Thank you. Don't come
back to see it. Next on the
board. We have coral likely he's
[1:06:42]
here for two applications for
examination. One is building
contractor and the second is a
[1:06:47]
roofing contractor. Mr likely.
If you could please come to the
podium, state your name and
[1:06:53]
address for the record. And
chair. We will need to separate
motions. Mm 61 80, Then wrap
[1:07:01]
them Let's go to fly. That gave
me here, Mr likely entertained
the motion to approve the
[1:07:08]
examination for building
contractor for coral likely.
Mostly made in secondary that
[1:07:14]
discussion. All those in favor
say, Aye. Pose like son being
none. The application for
[1:07:20]
examination for building
contractors for coral likely is
approved. We moved to a motion
[1:07:26]
to approve application for
examination is roofing
contractor for car likely.
[1:07:33]
Motion made secondary
discussion. What is it? That we
made. Staff's recommendation is
[1:07:40]
to approve Okay? All those in
favor say Aye. Opposed, like
sign. Being none. Application
[1:07:52]
for examination for roofing
contractor for coral likely is
approved. Thank you, Mr likely
[1:07:57]
don't come back to see us. Next.
Next on the board. We have, um
Pedro. Spurs is he's known as
[1:08:09]
Antonio. He's here for an
application for examination for
roofing contractor Mr Perez, are
[1:08:13]
you present. If you could please
come to the podium, state your
name and address for the record.
[1:08:25]
My name is Pedro Antonio Perez.
My attitude is 49 16 so for the
road Do 5 to 6. Thank you, Mr
[1:08:33]
Herriot. Entertain a motion to
approve the application for
examination. Roofing contractor
[1:08:40]
by Antonio Fed through areas.
Same motion million secondary.
Any discussion? Being not all
[1:08:49]
those in favor say Aye, close,
like son being none. The
application for examination
[1:08:55]
roofing contractor for Antonio
where the road prayers is
approved. Thank you, Mr Torres.
[1:09:01]
Thank you, sir. A week in Mexico
last week. Yeah. I'm number six
and last on the board. We have
[1:09:11]
Daniel Perkins. He's here for an
application for reciprocity for
mass plumber with gas. He
[1:09:16]
checked Yes, on the application,
Therefore, that brings it before
our board. Mr Perkins. If you
[1:09:24]
could state your name and
address for the record, and then
also give an explanation to the
[1:09:29]
board for the checked yes items.
My name is Daniel Perkins. My
address is 40 to 58. Bill Lane.
[1:09:35]
Pace Florida. Uh check Yes. The
items. I was young, I lost my
father. I made mistakes. It's
[1:09:40]
been over eight years. Paid all
my debts to society. And here I
am Today. I'm a family man
[1:09:47]
married man. Is it? Mr Perkins,
where you wishing to reciprocate
from Santa Rosa County. And how
[1:09:55]
long have you held your license
there since March March, 23rd.
Yes, ma'am. Entertain a motion
[1:10:04]
to approve. Motion approved.
Motion it through. Is there a
second? Motion made second. Any
[1:10:15]
discussion. Go ahead. Recommend. Yeah All of his items are in
order. Okay. Any further
discussion? Big None. All those
[1:10:29]
in favor say Aye opposed, like
sign. Being done. All those the
emotions are approved for
[1:10:35]
application. For refs or
prosperity. Master plumber with
guests for Daniel Perkin. Thank
[1:10:44]
you, Mr Burton. Don't come back
to see us. Now we're moving to
disciplinary hearing. Yes sir.
[1:10:52]
Mr. Chairman Item 81 is Jesse W.
Lacoste doing business as
Lacoste Construction Group LLC
[1:10:59]
State registered license number
R G 291103. Contractor
Competency Board complaint
[1:11:07]
number 2 to 0 to 10 C O M. It's
in regards to Sandra King
Hoffman. Homeowner Complainant
[1:11:15]
at 18 Oh, nine East Bars Street.
Which is in the city limits.
Pensacola Florida If you are
[1:11:22]
here to provide testimony for
this hearing, if you could
please scanned and be sworn in
[1:11:29]
Yeah. Or. Alan Alan read from
the administrative complaint.
Petitioner is the Escambia
[1:11:47]
County Contractor Competency
Board authorized by the Escambia
County Code of Ordinances to
[1:11:52]
enforce the Florida building
code, regulate construction
contractors and to ensure
[1:11:56]
compliance with the code and the
construction contractors
certification requirements.
[1:12:01]
Respondent is a state registered
general contractor having been
issued license number or G
[1:12:07]
291103, licensed in Escambia
County, Florida. Respondents
address of record is 4400 Value
[1:12:17]
Boulevard Suite 41. Pensacola
Florida 3 to 503 respondent is
subject to regulation by the
[1:12:24]
board. Sandra Gray hired
respondent to repair her
residence located at 18 Oh,
[1:12:29]
nine, East Bar Street.
Pensacola, Florida 3 to 503.
Which sustained damage resulting
[1:12:36]
from a tree falling on the
structure during Hurricane Sally
Homeowners insurance provider
[1:12:41]
estimated that the total loss
for the structure was
approximately 131,227. And 42
[1:12:47]
cents. At the recommendation of
the respondent homeowner
obtained a private adjuster to
[1:12:54]
assist with obtaining additional
funds from the insurance
provider for the repairs in
[1:12:59]
November, 2020 homeowner
executed an assignment of
benefits to the respondent.
[1:13:07]
Homeowner provided to the
respondent and initial down
payment of $78,399.90 on January
[1:13:13]
8th 2021. Responded obtained the
permit for the repair project on
July 2nd 2021 work commenced
[1:13:23]
some subcontractor Comeback
Restoration LLC recorded a
construction lane against the
[1:13:29]
property on July 7th 2021. In
September. 2021 the city of
Pensacola Building inspections
[1:13:37]
department twice inspected the
property and the construction
work performed. Neither
[1:13:40]
inspection passed. Homeowners
insurance provider that informed
homeowner that a certificate of
[1:13:46]
completion and photos of the
completed project must be
provided before additional funds
[1:13:51]
would be released. Homeowner
obtained a project report update
from the Lacoste customer portal
[1:13:57]
, which stated that the
demolition portion of the
project was complete, but the
[1:14:01]
project was halted upon finding
additional structural issues
that were not previously
[1:14:05]
included. Within the insurance
claim an additional funds were
required to proceed. Respondent
[1:14:12]
provided homeowner pictures of
alleged termite damage in
October, 21 21 Homeowner had the
[1:14:19]
subject area inspected by
termite control specialist who
opined that the damage was
[1:14:24]
caused by water intrusion.
Homeowner then requested a full
accounting of the project from
[1:14:29]
the respondent after review of
the accounting homeowner
discovered discrepancies between
[1:14:33]
the invoices and the work
performed. On January, 6th 2022
homeowner filed a complaint
[1:14:40]
against responded with the
contractor Competency board.
Notice of the problem will cause
[1:14:45]
hearing was sent to the
respondent at his address of
record via certified US Mail
[1:14:50]
with return receipt requested
responded attended the probable
cause hearing on March 2nd 2022.
[1:14:56]
At the probable cause hearing,
the board heard testimony from
Escambia County Building
[1:15:00]
Services Department staff, the
homeowner, spouse respondents
agent and responded. The board
[1:15:06]
also considered documentary
evidence pertinent to the
issues. The testimony and
[1:15:11]
evidence showed that the
homeowner hired the respondent
to repair hurricane damage to
[1:15:16]
her residence. Homeowner
obtained a private adjuster and
assigned in a assignment of
[1:15:21]
benefits to the respondent. The
homeowner provided a down
payment from insurance funds on
[1:15:27]
January 8th 2021, the respondent
obtained permitting for the
project on July 2nd 2022 2021
[1:15:34]
Sorry. The homeowner's insurance
provider, requested
documentation to release
[1:15:40]
additional funds. Repair
projects stalled because
additional funding was needed
[1:15:45]
for alleged termite damage. The
homeowner had the damage
inspected, and it was determined
[1:15:51]
that the damage resulted from
water intrusion. The homeowner
requested a full accounting of
[1:15:56]
the project. The homeowner
received invoices that were
provided to the private adjuster
[1:16:02]
and insurance provider by the
respondent for termite damage
repair. The homeowners pest
[1:16:08]
treatment provider determined
that no termite damage existed.
The homeowner received invoices
[1:16:14]
that were provided to the
private adjuster and insurance
provider by the respondent for a
[1:16:19]
fence installation. And the
respondent performed no fence
installation as part of the
[1:16:23]
project. The board determined
that there was probable cause to
believe that the respondent
[1:16:29]
violated a skinny calumny code
section 18 37 c 11. Section 18
37 D 13 c two Section 18 37 D 13
[1:16:42]
. C three and Florida statutes
for 89 1 26 to a one A skinny
county code section 18 37 c 11
[1:16:52]
provides that a code violation
results from Finding that a
contractor is guilty of fraud or
[1:16:58]
deceit or gross negligence,
incompetency or misconduct in
the practice of contracting. The
[1:17:05]
penalty guidelines for violating
code section 18 37 c 11 or a 100
to $5000 fine and such other
[1:17:14]
penalty as provided here in
Respondent violated scare me
counting code section 18 37 c 11
[1:17:21]
by committing deceit in the
practice of contracting by
providing invoices for fence
[1:17:25]
installation. To the homeowners
, private adjuster and insurance
providers to obtain additional
[1:17:31]
funds for work that was not
performed. Skinny county code
section 18 37 D 13 c three
[1:17:40]
provides that a code violation
results from any other form of
misconduct or incompetency. The
[1:17:47]
penalty guidelines for violating
code section 18 37 D 13. C three
or a 250 to $1000 fine and or
[1:17:55]
probation. Respondent violated a
scheme he county code section 18
37 D 13. C three by providing an
[1:18:05]
additional scope of work for tar
might damage to obtain
additional funding from the
[1:18:09]
insert insurance provider. When
no termite damage existed.
Skinny county code section 18 37
[1:18:17]
d 13 c two provides that a code
violation results from violation
of any provisions of Chapter 4
[1:18:23]
89 4, Part one. Florida statutes
as amended Florida statutes 49 1
26 to a one provides A
[1:18:33]
contractor who receives as
initial payment money totaling
more than 10% of the contract
[1:18:39]
price for repair, restoration,
improvement or construction to
residential real property. Must
[1:18:44]
apply for permits necessary to
do work within 30 days after the
date payment is made, except
[1:18:50]
where the work does not require
a permit under the applicable
codes and ordinances. Their
[1:18:55]
penalty guidelines for violating
for such a statute for 89 1 26
to a one r 500 to $1000 fine.
[1:19:04]
Responded and violated Florida
statute. 49 1 26 to a one by
applying for the appropriate
[1:19:10]
permitting 175 days after
receiving the initial payment
from the homeowner. Accordingly
[1:19:17]
Respondent violated Escambia
County Code section 18 37 D 13.
C two by violating Florida
[1:19:23]
statute for 89 1 26 to a one I
believe. Mr Gray and Miss Gray,
our president. I'm not sure
[1:19:35]
there was another person that
wanted to provide testimony as
well. Mr Perry. Would you come
[1:19:43]
up? You have a statement. My
name is Logan Gray. I'm here
representing my wife, Sandra.
[1:19:52]
Great with that. 1 20 Grand
Grand View Drive. Titus Alabama
36080, Mr Chairman, members of
[1:20:01]
the board. Thank you for
allowing me to make some
comments regarding this
[1:20:04]
disciplinary hearing. Especially
want to thank the staff for all
the hard work they've done.
[1:20:09]
Because there is a lot of
documentation right up there.
I'll try to be relatively brief
[1:20:14]
and hold it under 10 or 12
minutes. First I want to point
out that the ownership Of
[1:20:20]
Lacoste Construction LLC,
according to the secretary of
state, April 26 of 2021
[1:20:25]
consisted of. Advanced design
investments, Mr Kevin Stevens.
Fre investments, Mr Brian Flynn.
[1:20:34]
And Mr Jesse Lacoste. The next
Statement that they have on the
Secretary of state's website is
[1:20:43]
March 24th. Of this year, 22
days after you recommended That
the complaint go to Its
[1:20:50]
disciplinary hearing. And the
principles there are just Jesse
W. Lacoste in a group called
[1:20:59]
Sigma Enterprises Signal
Enterprises List. Their address
is the same as Lacoste at 4400.
[1:21:06]
Boulevard Yet when you go to the
secretary of state's website,
it's not found there. And also
[1:21:11]
like for you to. Review
paragraph night or I'd like to
review paragraph nine of the
[1:21:19]
assignment of benefits. It
contains two very important
sentences. The first sentence is
[1:21:25]
that localized agrees to furnish
in the client, which is my wife.
Agrees to pay for all the
[1:21:31]
equipment supplies material. And
labor necessary to bring the
property to its free condition
[1:21:38]
to his pre honest conditions.
That phrase to bring the
property to its pre loss
[1:21:44]
condition is the scope of the
work. It also requires were also
states that Both the client and
[1:21:52]
the cost acknowledge that an
itemized per unit estimates
slash invoice. Will be provided
[1:21:58]
contemporaneously with this. And
that did not occur. My comments
regarding Mr Lacoste testimony
[1:22:06]
before the board. On March 2nd.
This is from the transcript. On
page 85. This deals with you,
[1:22:14]
Chairman Matthews when you ask
him about the fence And he
eventually said no. That fence
[1:22:20]
belonged to the neighbors. And
then you said But you charge
them for it. And he response
[1:22:26]
responds. Charge them for the
services we provided on their
fence that is referring to the
[1:22:32]
rear of the property. Mr
Chairman, members of board That
statement is false. Stamps
[1:22:40]
across the back of property had
been putting in the spring and
it was not damaged by Hurricane
[1:22:45]
Sandy. On page 86. Mr. Bell,
asked about. Their request for
engineering and all that stuff
[1:22:55]
they paid for their saying It
was proprietary and you could
not provide it to them. Mr.
[1:23:00]
Lacoste says. No, sir. That's
why I mentioned that it was
provided to them. It's in the
[1:23:06]
client portal. Our comment is we
try to get it and look at that
client portal. We did not find
[1:23:14]
any invoices, expenses or up to
date stuff, and we've got E
mails back and forth requesting
[1:23:21]
this information. We do have one
of the emails comes from
Christine Wilson, who works for
[1:23:28]
Mr Cost. In this date of
January. 7th 2022 Where she
says, we normally do not share
[1:23:37]
this proprietary information. On
page 99 of the transcript. This
is where Mr Bilby. Discusses the
[1:23:47]
failure of inspections and he
says What? Mr Smith, the city
inspector. What Mr Smith wanted
[1:23:55]
was the engineering on just the
Rusin roof damage itself. The
city has not received that, Nor
[1:24:03]
have we received any other
requests from that time frame.
We paid. Um $2000 for an
[1:24:11]
engineer to make a site visit at
$4200 for the Wow. Engineers
report. The city did not get an
[1:24:20]
engineer's report. We did not
get an engineer's report, and we
don't believe there's one that
[1:24:26]
exists. There are several other
examples of Mr Lacoste
inaccurate statements throughout
[1:24:31]
his testimony. Like the number
of leans placed on the Lacoste
projects. Comeback restoration.
[1:24:37]
Mr Lacoste thought it was Maybe
two hours and someone else's
Turns out. It was 53 That's
[1:24:47]
official records. And there's
one that I take great exception
to and that's on page 72. Of the
[1:24:56]
transcript. Worrying Mr Cross
says most of these complaints,
the official complaint. I think
[1:25:03]
the I think you only named a few
there. They are either
completely irreverent or untrue.
[1:25:10]
With the documentation you have
before you. More to understand
something. I understand the
[1:25:15]
truth. And I understand what
means to take an oath or an
obligation. When I was a second,
[1:25:24]
lieutenant, I took an oath when
I sworn into the regular army.
When I was on City Council, the
[1:25:30]
city of Auburn took four arrows
with the start of Asian
quadrennium. So I understand
[1:25:35]
what it means to take an oath or
an obligation. Through more. I
understand Florida statute.
[1:25:42]
837.2 point 02. That deals with
Perjury. That's a class three
felony. Regarding the 19
[1:25:54]
statements and invoices. This is
the accounting that we requested
and add, requested several
[1:26:00]
times. They finally provided.
But we just wanted to know. What
did you do with our money? And
[1:26:10]
going through those 19.
Statements and invoices. There's
just a lot of fraud in the sea.
[1:26:18]
I'd like to start with just a
few of them, not all of them,
but I can talk about all of
[1:26:24]
them. But the first one I'd like
to talk about his number 19. He
charged us $4700 for an
[1:26:30]
insurance to doctor. You can't
charge anyone for an insurance
deductible insurance company had
[1:26:39]
already deducted that $4700.
That's the seat. Number 18.
Partial admin fees. And partial. Insurance consulting fees.
[1:26:53]
$6098.64. In fact, He was
challenged on that. But board
member Dennis. I'd like to give
[1:27:06]
you a statute here again. It's
Florida statute. 6 27.715.
Parentheses. Seven. Beef Four.
[1:27:17]
That's 6 to 7. 7152 parentheses
. Seven Defour, it says very
plainly and assignment benefit
[1:27:27]
may not contain administrative
fees. Clearly a violation of
Florida's law. The insult the
[1:27:34]
insurance consulting Was
performed by Noble. Public
adjusting group. This is the
[1:27:43]
group that Mr Lacoste
directorate, uh, almost insisted
recommended we used Statement 16
[1:27:50]
and three deal with the
engineer's report. We've just
discussed that I'm prepared to
[1:27:55]
go through all 19. But I think
I've kind of made my point that
these statements are not true.
[1:28:00]
In summary. Sandra Ray paid over
125 125,000. $754.31. To Lacoste
Construction Group LLC, if you
[1:28:17]
paid it in order for them to
bring the property to its
preconditioned loss or to his
[1:28:21]
pre loss condition. And the
client also And Lacoste agreed
that he would provide At current
[1:28:29]
statements and invoices. He
didn't do either one of them.
Now the estimates we've had to
[1:28:39]
fix the house, which means we've
got undo what he's done Run from
135 to $145,000. They do not
[1:28:46]
include. A pine paneled room
that her father when he built
the house in 1948 was completely
[1:28:54]
pine panels, Heart pine. That
was destroyed by Lacoste
Construction. Another side issue
[1:29:05]
. Those we've received notice
from citizens insurance and
they're not going to renew the
[1:29:09]
insurance on this structure
because it's not complete. Our
request, and we make two of
[1:29:14]
them. Her request. Is as
authorized by Escambia County
Ordinance 18 37 days See We.
[1:29:26]
Asked the board to order Lacoste
Construction LLC to pay full
restitution in the sum of and
[1:29:33]
that some of should either be.
From 1 25, which 125,000 which
we paid up to $150,000, which we
[1:29:41]
think is going to cost. But we
have to ask. We haven't asked 1
35 to 1 45. But we'd like
[1:29:49]
restitution. Uh, We'd like that
restitution paid by June 15th or
in date certain Has sent by the
[1:29:59]
board. June 15th or date
certainly set by the board. We
would also like that. Of
[1:30:05]
request. That the license of
Lacoste Construction LLC be
suspended immediately and not
[1:30:16]
reinstated until it's such time
as restitution is paid. And if
the restitution is not paid by
[1:30:26]
that date certain That the
license be revoked for a period
of not less than five years. The
[1:30:32]
last request. We have And this
is a matter of Oh, he point of
order. I'm not familiar with
[1:30:42]
your rules. I would assume that
they are based on either
Robert's rules or Mason's rules
[1:30:47]
of order. But we would request
that any one of the board
members Asked for a roll call
[1:30:53]
vote. At the proper time. Mr
Chairman members that concludes
my remarks will be happy to
[1:31:01]
answer any questions. Thank you.
Body. Every question. Good.
Thank you, Mr. Thank you. We
[1:31:08]
have anybody else? Representing
the cost. Put anyone else like
to speak. My name is Angela
[1:31:22]
Lacoste, Jessie's mother. I'm
speaking for him because he's
incarcerated right now, so you
[1:31:28]
can't be here. But I'm here to
tell you that he has gone on his
work and may take longer. He may
[1:31:35]
have. You know we got setbacks,
but he will Do all the work that
he has contended today for all
[1:31:42]
these people And he's going
through a hard time right now.
I'm going through a hard time
[1:31:48]
and I'm begging you all to keep
its license Good so he can get
Alec predicament he's in He's in
[1:31:53]
there for two narcissistic
women. That, um Who's had
Children were. And that are
[1:32:00]
trying to destroy his life right
now. And he's fighting the
battle right now. He's keeping
[1:32:06]
his faith up. His witness and
two other people in jail right
now trying to keep his feet
[1:32:11]
strong. And. I'm just begging
you all to keep his license Good
so he can get out of this.
[1:32:19]
Integration. Thank you. You
don't face that. That Okay?
Takes you. Has your options
[1:32:38]
ready to see? We'll take them
each count.
[1:33:01]
Wrecked here. Relation of the
county code section. 18 37 c 11
. Is there a finding that Mr
[1:33:15]
Lacoste is guilty of fraud or
deceit or gross negligence,
incompetency or misconduct and
[1:33:19]
the practice of contracting Team
discussion from the board.
Comments. Entertain a motion.
[1:33:37]
Penalty phase now, too. So we
can take it one by one. We can
do the count and then the
[1:33:46]
respective penalty phase or we
can do all three counts and then
all three penalty phases. It's
[1:33:50]
up to you. From my commotion to
do the latter. Duke. Yes. So do
the penalty phase. All of the
[1:34:05]
Have to conclusion of the
decisions. You might have a
motion to do the penalty phase
[1:34:10]
at the same time. Then after the
after we threw all three counts,
Okay? Motions made is their
[1:34:17]
second to move the penalty phase
to the very end of all three
counts. Potion made second. Any
[1:34:23]
discussion. Being known All
those in favor say, Aye. Opposed
being none. Emotions approved.
[1:34:32]
Penalty phase will be considered
the end of consideration of all
three counts. That's account one
[1:34:39]
entertained emotion. No proof.
That he is guilty of.
Incompetency misconduct, gross
[1:34:55]
negligence, deceit or fraud.
I'll make motion. Yes. Motion
made yes. Is there a second?
[1:35:03]
Circuit. Motion lead. Yes and
second In the discussion. All
those in favor say Aye. Opposed
[1:35:18]
like sign being done. The
decision is yes. Because as to
count two the alleged violation
[1:35:27]
of a skimpy county code section
18 37 D 13. C three. Is there a
finding that Mr Lacoste engaged
[1:35:36]
in any other form of misconduct
or incompetency?
Contain the motion. Discussion
[1:35:54]
of our discussion double dipping
on. Not on penalty because
you'll go by one by one on each
[1:36:04]
count for the penalty. In the
administrative complaint, there
were two separate instances
[1:36:08]
referenced for each individual
account. That makes more sense.
Make motions for yes. Motion
[1:36:16]
bait for yes, is their second.
Motion made and seconded in the
discussion. Being done all those
[1:36:26]
in favor say Aye. Opposed, like
sign. Being none. The decision
is yes. Count three as to count
[1:36:38]
three, the alleged violation of
a skinny county code section 18
37 d 13. C two. Is there a
[1:36:46]
finding that Mr Lacoste violated
any provisions of chapter 4 89
part one of Florida statutes?
[1:36:52]
Yes. Motion made yes is their
second. Motion made yes, and the
second any discussion Big? None.
[1:37:04]
All those in favor say, aye.
Opposed, like sign. Motion is
approved. Decision is yes. Go to
[1:37:15]
the penalty phase count one as
to count one. The violation of
code section 18 37 c 11. The
[1:37:22]
penalty guidelines for violating
code section 18 37 c 11 is a 100
to $5000 fine and such other
[1:37:30]
penalty as allowed by law. We
can do 100 all the way up to
5000. Discussion. We know if
[1:37:51]
he's had any other Any other
violation. As far as the skin we
county. Mr Lacoste has not come
[1:38:02]
before the sport before. I
suggest we consider 2500. Make
that emotion $2500. The motion
[1:38:20]
braided. We $2500 fine. Is there
a second? So. Motion. Vaden
seconded any discussion. Being
[1:38:33]
nod. All those in favor say Aye.
Opposed like son. Being done.
The motion is approved to be
[1:38:47]
ordered to pay $2500 fine for
count one We'll move to count,
too. As to count two the
[1:38:55]
violation of code section 18 37
D 13. C three The penalty
guidelines for violating code
[1:39:02]
section 18 37 D 13. C three A
first violation $252,000 fine.
This is first violation on this
[1:39:17]
count as well. Is this his first
violation on this count as well?
There. We need to be record
[1:39:25]
evidence of prior violations.
Uh, in order to But for the
enhanced penalty, and as far as
[1:39:33]
I recall, there was no record
evidence before this board of a
prior violation of this code
[1:39:37]
section would be his first
violation under discount. Yes.
So we can consider a About find
[1:39:47]
and pro Bush. And or probation.
Yeah. What is probation into
what is that? So probation is
[1:39:58]
when the licenses put on
probation and, um if the
contract or the license holder
[1:40:03]
were too Have them repeat events
. It would come to this board
for further determination. So in
[1:40:11]
essence, his his license is
monitored. To make sure there
are no on permitted. No um,
[1:40:20]
failure to obtain upset
inspections. All of those items
, anything that would call us to
[1:40:25]
come before the board. Would be
considered, We'd have to come up
with her. A decision on what the
[1:40:33]
probation meant. Entertain a
motion for a fine and our
probation. Question. Have a
[1:40:53]
question. Is this the only one
that has Under first violation.
I'm looking at this the only one
[1:41:00]
that has any Ah, provisions for
Probation or anything. Other
than a fine I don't see it on
[1:41:09]
number three. So if looking at
your. Paper There they count one
had the option. For any other
[1:41:21]
such penalty count, two has and
or probation count three for
first violation is only a fine.
[1:41:39]
But we can give him a probation
on this one for sure. That is
part of the penalty guidelines.
[1:41:44]
Yes, sir. On the motion for
$1000 fine and one year
probation. A motion for $1000
[1:41:59]
fine and one year probation. Is
there a second? I'll say. Motion
made and secondary in the
[1:42:08]
discussion. Probation is one
year from the date of this
meeting. It is a violation. He
[1:42:18]
comes back before the board. Any
further discussion. Being done
all those in favor say Aye.
[1:42:29]
Opposed, like sign. Being none.
The motion for $1000. Fine You
know, one year patient is
[1:42:39]
approved. As to count three
violation of code section 18 37
D 13. C. Two The penalty
[1:42:50]
guidelines for violating code
section 18 37 D 13. C to our
first violation of a $502,000
[1:42:57]
fine. Motion. For Motion made
for $500. Fine. Is there a
second? Motion made and seconded
[1:43:14]
$500 fine and the discussion.
Being done all those in favor
say Aye. Opposed like science.
[1:43:24]
Motion is approved for a $500
fine count three. All right. So
the board must also determine
[1:43:33]
the following. What is the
respondents deadline to pay the
fines imposed? The deadline.
[1:43:38]
Yes, sir. Motion for 90 days.
Motion bait for 90 days. Is
there a second Our discussion
[1:43:57]
question. Uh, There any time
frame for what he's getting.
Date. That would be within the
[1:44:12]
90 days. You're good, okay? 90
days. The motion. Their seconds.
Motion made and seconded into
[1:44:31]
further discussion. What happens
what happens if he doesn't pay
the fine during this period of
[1:44:39]
time, does it come back? Mr
Lister, That will be our next
discussion item. I'm sorry.
[1:44:45]
Okay, have emotion. For 90 days.
They want to find. All those in
favor say Aye. Opposed like son
[1:44:59]
being none. The motion for 90
days. Period to pay. The fine is
approved. Next item the board
[1:45:08]
myself to determine the penalty
for the respondents failure to
comply. Entertain a motion to
[1:45:18]
revoke his license. Period of
one year. For failure to comply.
North. That's my motion. A
[1:45:28]
second. Having a discussion.
Where you can. Suspend or. The
suspense. Mhm. The space. And
[1:45:58]
change the motion to suspend For
one year. Mr. Suspended over
about that's right. So you can
[1:46:15]
you can have cake and eat it
too. So do keep in mind
revocation of licenses, taking
[1:46:21]
the way of his license. He would
eat it to be reinstated if you
were to revoke it. Suspension
[1:46:27]
only suspends the license. There
wouldn't be no further
documentation when that
[1:46:30]
suspension is lifted. Think the
suspension is a little bit more
favorable to him. Mr Chairman.
[1:46:43]
Um. It appears these things are
significant. The chair before
the board. And. I mean, I have a
[1:46:57]
big heart, but at the same time,
there's gotta be some teeth. My
opinion. To some of this stuff
[1:47:03]
because We've seen this. I knew
this board. I've seen this for
years. And Um, you have a
[1:47:11]
suggestion. It's a tough thing.
To make this kind of decision,
but there needs to be some teeth
[1:47:21]
to it. And I understand. If you
put somebody out of business,
then they can't You know that
[1:47:26]
you At the same time. If there's
a pattern here that more people
are going to get hurt. In
[1:47:33]
public. So it's kind of a. I
guess I do want to be a little
more teeth to this. Yes, sir. Do
[1:47:43]
we have record of how many open
permits Our poll under The cost
construction. Either in the city
[1:47:48]
or in the county. It would take
a few minutes for me to pull
that data up for you. I mean, if
[1:47:57]
you want me to, I don't have it
readily available right now.
Just something to consider.
[1:48:02]
Right now we have a motion to
suspend for a year. Suspend for
the year pending if you cannot
[1:48:11]
comply with the fines, correct
if he does not Make his payment
within 90 days. I mean, that was
[1:48:20]
what that's what we were we he's
got 90 days to pay If he fails
to pay we suspended. No this is
[1:48:28]
so this was if he fails to
comply. This is what will
happen. Okay? Everybody clear on
[1:48:36]
that if he fails to pay fines
within 90 days. The system. His
license is suspended for one
[1:48:43]
year. Clear. All those in favor
say Aye. Opposed, like sign.
Being none the motion to suspend
[1:48:57]
his life for failure to pay his
fine is approved. At this time
staff would request that the
[1:49:05]
administrative costs, Um, also
being reimbursed to the county.
It's just to mail him his
[1:49:11]
notices Those items. Entertain a
motion to air them.
Administrative costs make a
[1:49:17]
motion to approve for
processing. Make a motion made
their second Motion made in
[1:49:22]
second All those in favor say
Aye. Opposed, like sign. Being
none. The motion to air the
[1:49:32]
administrative cost is approved.
Thank you, sir. The next item.
The board must also determine
[1:49:38]
whether the board wishes to
order restitution in the amount
of financial loss suffered by
[1:49:44]
the homeowner. There was a
request but made by Mr Parade.
There was a request by the
[1:49:50]
homeowners for restitution of
$125,000. Entertain the motion.
That's the full amount for
[1:50:04]
everything with the amount
requested. His entire correct,
Mr Gray. 21 20. If we Medium 1
[1:50:11]
25. But and so on dollars Yes,
Mr. We have 35 The five. But
that's not including Find
[1:50:20]
federal room. After additional
costs of the range was 1 25 to
1. We can make it 150,000 based
[1:50:33]
on receipts. Mr Chairman? Yeah.
Hi. Sorry, Joey. Mr Chairman, in
order for this board to impose
[1:50:48]
any type of restitution that
restitution amount must be
supported by competent and
[1:50:52]
substantial evidence. I have
strong concerns based on the
evidence that has been presented
[1:50:58]
to this board. Whether any
amount that this this board
where you grant, um would Be
[1:51:04]
sufficient to overcome appeal.
Um the speculation of an amount
between 1 25 and 150,000 is not
[1:51:13]
competent, substantial evidence.
Indeed, the evidence that was
Presented his backup that was
[1:51:19]
introduced into the record
indicates payment was made both
by the homeowners and by the
[1:51:24]
insurance company. Um, to this
board, in my opinion does not
have enough evidence is enough
[1:51:29]
specificity determine what
actual amount The homeowners are
out at this point. And so if
[1:51:36]
this board were too Abide by the
requests of the homeowner and
impose. Let's say, 100 25,000,
[1:51:45]
this board could be at risk of
being overturned on appeal. When
it comes to the restitution
[1:51:50]
amount. I don't have any
concerns with what's occurred up
to this, but it's the
[1:51:54]
restitution amount is giving me
a little bit of part. Question
Can we delay the decision on
[1:52:00]
restitution amount pending.
Pending certified statement.
What the. The fact finding
[1:52:12]
portion or the evidentiary
portion of the quasi judicial
hearing is already over. Um So I
[1:52:19]
mean, if there if there were a
time for the homeowner to prove
the exact amount that would have
[1:52:24]
been during the evidentiary
portion of the hearing that has
already been concluded. So if
[1:52:30]
this board were to deny the rest
are denied imposing restitution
, that's not going to foreclose
[1:52:37]
any other possible legal
remedies that the homeowner may
have against. The contractor.
[1:52:45]
But my concern is that if this
board imposes any restitution
amount today that that will be
[1:52:50]
overturned on appeal. Okay? Yes.
Your opportunity. Good evidence.
Just trying to come up with
[1:53:02]
stuff. He didn't give us any of
that information. And we don't
believe that everybody, but he
[1:53:10]
did take our money. Agreeing
with him that it couldn't be
travel. Problem is he took our
[1:53:16]
money. What he did. House. As
you said, My concern is that, uh
, the lack of specificity of an
[1:53:33]
amount But when we say between 1
25 between 1 50 that is not That
one that is speculative and it
[1:53:41]
is not competent and substantial
evidence. That's not saying that
if the board were to do that,
[1:53:45]
that Mr Lacoste would, uh, would
appeal. But if he did, the
restitution amount would be
[1:53:49]
subject. To being overturned.
That is my concern as the
council for this book The
[1:53:55]
question. If we decided to do
it. And it was appealed. It
would be the honest would be on
[1:54:06]
the, uh, on the homeowner to
prove it. Uh, well, On appeal
the quasi judicial proceeding
[1:54:16]
the appellant in this case would
be Mr Lacoste would have to
prove that he received you
[1:54:21]
process. It's my understanding
that he was Provided notice, but
he could not be here today. They
[1:54:26]
would also be able to appeal
whether this Board departed from
the essential requirements Law.
[1:54:32]
So did it followed the law, both
state and county code, and the
third is was this board's
[1:54:38]
decision supported by competent
and substantial evidence? That's
where my concern comes in. If
[1:54:42]
this board were too Issue of
restitution amount that that
amount may not be supported by
[1:54:50]
confidence. Substantial
evidence, Okay? There is still
the civil remedy. Yes they're
[1:54:56]
available Action that's taken by
this board today with quote,
foreclose any civil remedies,
[1:55:00]
the homeowners. Are they? Are
you all currently are y'all
curtains? Are they currently in
[1:55:07]
litigation or any type of civil?
Nothing we're doing okay?
Waiting 20. Proving that We
[1:55:21]
paid. We've had all along as he
is. Rationing sent us. Through
$4700 or an insurance. All day
[1:55:39]
long, but it's still not proof.
Week days opportunity, but all
this, he was given plenty of
[1:55:46]
notice. He didn't do it. Dishes
before its current since you. We
still feel weird. We're not 100
[1:55:56]
and $25,000. It's going to cost
us that much more. He's done.
But at least we know for a fact
[1:56:06]
that we paid him hard. Bring the
party to the free loss. Has this
board made restitution
[1:56:21]
requirement before just more
made of restitution requirement
before This board has previously
[1:56:28]
required restitution be made on
previous cases. Was it
supplemented with a documentary
[1:56:34]
and they the homeowner had
provide, um Physical evidence of
the money that they were out.
[1:56:41]
Yes. Mr Grayson. We must agree.
Says we do you mean the
insurance company and yourself?
[1:56:55]
Ensure. My father started
playing insurance on this house
back in 1948. So when we say
[1:57:03]
insurance money Really your
money that insurance company
told us. Insurance company, Mr.
[1:57:13]
Gray Mr Gray. If you can step to
the podium, they're having
trouble hearing It's on. Oh
[1:57:20]
insurance Company paid us some
money upfront before we got Mr
Carlson volume. Then when we
[1:57:26]
assigned the assignment of
benefits, we gave him the
remaining money that we had
[1:57:31]
because we had to pay for taking
a tree off the roof and getting
it at us Putting a tarp on which
[1:57:37]
did not Our talk didn't fail. It
was his that failed. Uh, And he
did, and there were supplemental
[1:57:43]
claims to that. And so, yes, the
insurance company did make some
additional payments past the
[1:57:48]
original, but As far as who's
out the money. You know, it was
our money. If we've done it
[1:57:55]
right, we would have got the
money and then just not gone
this assignment of benefits and
[1:57:59]
just done it on the draw basis
like a bank does, But we Made a
huge mistake. And this is a
[1:58:05]
result of it. And so we're here
that You know, And as far as
litigation, there is litigation
[1:58:11]
out there. But it's not my place
to tell you who's who's doing
that. Yes, ma'am. Thank you.
[1:58:20]
Your recommendation is No
restitution. Mr Chairman, I
cannot make a recommendation.
[1:58:28]
I'm just advising you my
concerns. Um And if you were to
take a certain action, what
[1:58:33]
could what this board can expect
in terms of course I would.
Represent this board and Are you
[1:58:41]
on behalf of whatever this is
whatever decision is made.
Council. Yes. But As far as, uh. Uh civil matter can be
[1:58:56]
resolved on this in court,
right? And it wouldn't tiles
into it at all. That is correct
[1:59:02]
. Any action taken by this board
today is not going to Prevent or
foreclose any, uh, pending or
[1:59:09]
future civil action between the
homeowners and the contractor.
Yeah. Have a question in the
[1:59:19]
motion. Concerning restitution
at this time. Entertain a new
motion. Yes. Have a question if
[1:59:29]
the owner was to present
Canceled checks Whatever. Like
it was mentioned before evidence
[1:59:36]
of what was paid. With that
constitute what constitutes as
knowing how much money would be.
[1:59:46]
Yes that that could constitute
confidence, substantial evidence
, and I do believe some of that
[1:59:50]
is in the back up. Which was
admitted into the record is part
of evidence for this hearing. My
[1:59:57]
point is that any restitution
amount must be based on the
Evidence that is before this
[2:00:03]
board. So if that means this
board needs to Calculate that
amount. Then that's what needs
[2:00:09]
to occur. It's just you cannot.
I would caution the board
against accepting her ordering a
[2:00:16]
blanket 1 25 blanket 1 50. The
amount of restitution that is
ordered must be based on the
[2:00:22]
evidence that is before this
board. The purpose of
restitution is to make the. The
[2:00:32]
party who lost hope It's not to
provide some gain or benefit to
the homeowner. Okay, counselor.
[2:00:39]
Can we postpone their decision
on this pending a. And
accountability of what is To be
[2:00:50]
restored. Not have a concern
with that, if you want to move
it to the next meeting, so the
[2:00:55]
board can continue to review all
the evidence that is currently
in the record. Entertainment
[2:01:00]
emotion postponed a decision on
restitution to the following
meeting to allow the staff to
[2:01:07]
come up with the recommendation
on the amount of restitution.
It's authorized. It's a motion.
[2:01:13]
Second And the discussion. Big
None. All those in favor say Aye
opposed life side being none.
[2:01:23]
The motion to approve The
delayed discussion of
restitution until the facts are
[2:01:29]
known, and our final item for
this case, the board must also
issue a recommendation to the
[2:01:35]
construction industry Licensing
board. That's the state's board.
It is recommended. Recommended
[2:01:40]
penalty may include a
recommendation for no further
action or a recommendation for
[2:01:45]
suspension revocation or
restriction of the registration
or a fine to be levied by the
[2:01:52]
board or a combination thereof
per Florida statute. 49. 1 31 7
C.
[2:02:08]
And we just report what we
decided to do. To the board.
Hmm. If you wish to only report
[2:02:15]
what you decided to do than your
recommendation to that board
would be no further action. If
[2:02:21]
you wish for that board to also
take action. You would select
one of the others. We've done a
[2:02:27]
lot so far. We won't say no
further action to the board.
Motion for no purpose. Motion
[2:02:41]
made no further action by the
Construction industry licensing
board. Have a second Second.
[2:02:50]
Motion made and seconded and in
discussion. Big nut. All those
in favor say Aye. Posed like
[2:02:56]
son. Big none. The motion for no
further action to construction
Industry licensing board is made
[2:03:05]
and approved. All right, sir. We
will move into Matthew s banks
doing business as banks
[2:03:16]
Construction LLC. State
registered license Number R r
282812001. Contractor Competency
[2:03:26]
Board complaint 220213. O M.
It's in regard to Jennifer and
Eugene Stone Homeowners
[2:03:33]
complainants at 46 50 Francisco.
That's also in the city limits
of Pensacola, Florida If you are
[2:03:41]
here to provide testimony Yes,
sir. Sorry, sir. My name is
David Bryan to 7 to 5. Black
[2:03:55]
would drive Cantonment, Florida.
Um we are part of the Public
Forum address, and there's a
[2:04:01]
group of us There's actually
multiple different cases that
we're all here to speak about
[2:04:06]
Matthew Banks and what's going
on. Um we would We appreciate
the board's, uh, motion to put
[2:04:13]
the public form at the end, but
I think what we all have to say,
is something that applies to the
[2:04:19]
next four cases. Matthew Banks.
So we'd like to perhaps ask the
board. We can move that public
[2:04:24]
address. So that we have been
comments made concerning these
cases by this group could not be
[2:04:31]
considered by this board. There
are public forum. We cannot
consider it because that's not
[2:04:39]
that's not Evidence. It's not
about these particular cases.
It's about our own cases. It's
[2:04:46]
not about our cases are not your
cases or not before this board.
Gotcha. Okay. All right. Thank
[2:04:51]
you. Your cases have to come
before this board for us to
consider any kind of evidence
[2:04:57]
that you would present Okay? My
name is Jenny Anderson. My
address is 3036 Coral Strip
[2:05:12]
Parkway, Santa Rosa County,
Florida. Uh while our cases are
not before this board, there's a
[2:05:19]
public forum in order to inform
you as the board and that's what
we're asking to do for you to
[2:05:24]
hear our cases that will be
heard in other forums. Um in
advance of hearing Mr Banks
[2:05:30]
disciplinary hearing. That could
be influenced the decisions
thing of the board as to these
[2:05:36]
cases in which cannot do that.
We've already voted to move that
to the end of the day have to
[2:05:44]
consider the evidence presented
in this case in this case only.
Absolutely. I'm not asking you
[2:05:49]
to comments from anybody else.
I'm not asking you at all to not
Here's these cases, but we
[2:05:55]
cannot risk you're coming up
before us and influencing the
board. Before we hear the cases.
[2:06:02]
Understood. Thank you, sir. If
you are here to provide
testimony on this item, if you
[2:06:11]
could please stand and be sworn
in.
[2:06:30]
Alright from the Ministry of
Complaint. I'm going to skip one
because it's the same Burbage as
[2:06:35]
previous administrative
complaints. Respondent is a
state registered residential
[2:06:40]
contractor having been issued
license number R R 2828. 12001
licensed in his Scampia County,
[2:06:48]
Florida. Respondents address of
record record is 10370.
Pensacola Boulevard. Pensacola,
[2:06:55]
Florida 3 to 534. Respondent is
subject to regulation by the
board. Eugene and Jennifer
[2:07:03]
Stone, hired respondent to
repair and remodel their vacant
residents located at 46. 50
[2:07:08]
Francisco Road. Pensacola
Florida 3 to 504. The sustained
damage from water intrusion
[2:07:15]
termites. The total cost for the
remodel was $63,380 on June 26th
2020 homeowner executed the
[2:07:24]
contract with respondent and
paid respondent an initial
payment of 26,000. $440. Work
[2:07:32]
commenced on the termite damaged
area on October 7th 2020. On
October 12th 2020. The contract
[2:07:41]
was revised to include the
replacement of 27 windows and
the residents and homeowners
[2:07:46]
made an additional $13,700
payment to the responding
Respondent obtained a permit for
[2:07:53]
the repair on January 14th 2021.
Work on the project was
intermittent, and the homeowners
[2:08:00]
continually requested a
completion date from the
respondent. In March, 2021 the
[2:08:05]
homeowners requested a complete
financial accounting of the
project in June, 2021. The
[2:08:12]
homeowners requested a
definitive timeline for
completion of the project.
[2:08:16]
Respondent provided the
homeowners timetable of
outstanding items and an
[2:08:20]
approximate time required to
complete the items. After
noticing the type that timetable
[2:08:26]
provided no approximate
completion date, The homeowners
again requested that the
[2:08:31]
respondent provided completion
date respondent provided the
homeowners with a completion
[2:08:36]
date in August, 2021. In August
2021 with the understanding that
their project was near
[2:08:43]
completion, according to the
timetable provided by the
respondent the homeowners sold
[2:08:48]
their home in Baton Rouge,
Louisiana, and moved to
Pensacola, Florida to reside and
[2:08:52]
they're repaired home. Upon
arrival, the homeowners realized
that the project was not near
[2:08:57]
completion. The homeowners moved
into the one untouched room in
the home and continue to wait
[2:09:03]
for the completion of the
project. After further delays
and still incomplete project
[2:09:08]
homeowner filed a complaint with
the board in December. 2021.
Notice of the probable cause
[2:09:14]
hearing was sent to the
respondent at his address of
record via certified mail with
[2:09:18]
return receipt requested
responded attended the probable
cause hearing on March 2nd 2022.
[2:09:25]
As a probable cause. Hearing the
board heard testimony from a
Scandia County building Services
[2:09:30]
department staff. The city of
Pensacola building official the
homeowner and the respondent The
[2:09:36]
board also considered
documentary evidence pertinent
to the issues. The testimony and
[2:09:41]
evidence showed that the
homeowners made initial payment
to the respondent on June 26
[2:09:45]
2020. Work commenced on the
project on October 7th 2020 on
October 12th 2020. The contract
[2:09:53]
was revised to include the
replacement of 27 windows.
Responded obtained permit for
[2:10:00]
the repair on January 14th 2021
202 days after receiving and the
initial payment and 99 days
[2:10:07]
after work commenced in October.
The project was slow moving with
inter minute work being
[2:10:14]
performed. Homeowners requested
a definitive completion date for
timing of their relocation.
[2:10:21]
Respondent provided a completion
date in August. 2021 as of the
March 2nd 2022 probable cause
[2:10:28]
hearing responded had not
completed the project. The board
determined that there was
[2:10:33]
probable cause to believe
responded violated a scheme. Be
county code section 18 37 c 11.
[2:10:40]
Section 18 37, D 15, A and
Florida statutes for 89 1 26 to
a one. A skinny county code
[2:10:50]
section 18 37 c 11 provides that
a code violation results from
finding that a contractor is
[2:10:56]
guilty of fraud or deceit or
gross negligence, incompetency
or misconduct in the practice of
[2:11:01]
contracting. The penalty
guidelines for violating code
section 18 37 c 11 100 to $5000
[2:11:10]
fine and such other penalty as
provided in his skinny county
code section 18 37. Respondent
[2:11:18]
violated Escambia County Code
section 18 37 c 11. By failing
to complete the construction
[2:11:24]
project as of March, 2022. Seven
months after the provided
completion date and 21 months
[2:11:31]
after the contract, X execution.
A skinny county code section 18
37, d 15 8 provides that a code
[2:11:39]
violation Results from late
permits Contractor pools permit
after starting job prior to
[2:11:44]
completion of same And does not
miss any inspections. The
penalty guidelines for violating
[2:11:50]
code section 18 37 D 15. A $100
fine. Respondent violated
Escambia County Code section 18
[2:11:58]
37 D 15 a by obtaining the
required permitting three months
after commencing work on the
[2:12:03]
project. Skinny county code
section 18 37 D 13 c to provide
cold violation results from
[2:12:12]
violation of any provisions of
Chapter 4 89 part one Florida
statutes as amended. Florida
[2:12:18]
statutes 49 1 26 to a one
provides a contractor who
receives as initial payment
[2:12:24]
money totaling more than 10% of
the contract price for repair.
Restoration improvement or
[2:12:29]
construction to residential real
property must apply for permits
necessary to do work within 30
[2:12:35]
days after the date payment is
made. Apparently used guidelines
for violating Escambia County
[2:12:42]
Code section 18 37 D 13. C two.
Norris follows $502,000 fine.
Respondent violated Florida
[2:12:51]
Statute. 4 89 1 26 to a one by
applying for appropriate
permitting 200 days after
[2:12:58]
receiving the initial payment
from the homeowners. Accordingly
respondent violated a skinny
[2:13:04]
county code section 18 37 d 13.
C two by violating for a statute
49 1 26 to a one. It's my
[2:13:14]
understanding that both parties
are president for this hearing.
Are you here? This thing. Thank
[2:13:37]
you. My name is Jennifer Stone.
Um, live it. 46 50 Francisco
Red. Pensacola Florida 3 to 53.
[2:13:48]
Um. I'll keep my remarks as
short as possible. Um, but Mr
Banks Has. Made numerous
[2:14:01]
promises. Numerous written
promises to me over the years.
It's a systematic approach, and
[2:14:10]
I say years because this has
been going on for years. We
entered into a contract with Mr
[2:14:16]
Banks to repair our house. Um
June 26th, 2000 and 20. That's
nearly two years ago. We're
[2:14:25]
about we're in June of 2020 22
right now. Mr Banks makes false
pretenses of work that's going
[2:14:33]
to be done in the future. He
tells you He's going to finish
your house. He's going to do it
[2:14:38]
on a certain date. He's going to
be there. Just last week, I was
told By three emails to three
[2:14:44]
emails from his employees. That
employee would be at my house
last Friday to assess my house.
[2:14:48]
Nobody showed up. Never saw him.
Mr Banks has $70,000 over 70,000
of my money. Um and then he was
[2:14:59]
supposed to repair as the
charges say, um, we gave him a
50% deposit. The first check we
[2:15:05]
gave him was June 26, 2000 and
20. They began work. October,
7th. During that week, which was
[2:15:13]
the first week of the job. Matt
and I negotiated on having the
windows replaced in our house.
[2:15:19]
We wanted hurricane windows
because I'm old and I don't want
to be worried about it. So We
[2:15:24]
gave him a check for 13,700 that
project that second invoice for
Windows was 27,400. We gave him
[2:15:34]
another 50% deposit 13,700. Mr
Banks did not order those
windows until January. So he had
[2:15:42]
the money for three or four
months before he ordered the
supplies needed. He also did not
[2:15:48]
file for a permit. He did not
apply for the permit. And when
he did apply for the permit, he
[2:15:56]
applied with false information.
The city has confirmed to me
that Mr Banks filed for a permit
[2:16:04]
for $15,000 to repair the
termite wall into place
insulation in the a frame, which
[2:16:07]
is the one room that he filed
for a permanent My home
reconstruction was three
[2:16:13]
bathrooms, adjustments, my
kitchen, take down a wall and
take down two walls. Fix the
[2:16:20]
termite wall. Fix the A frame
installed the windows when Mr
Banks applied for the permit
[2:16:26]
with the city in January, he was
well aware that his two permits
Were $90,000. He applied for
[2:16:34]
15,000. That is Blatant fraud
against the city of Pensacola
because he knew that he was
[2:16:41]
going to have to pay an
additional fee if he had a
charge if he'd given the city
[2:16:46]
the full amount. Mr Banks
failed. To um, have any work
done for that permit? Um for six
[2:16:56]
months, and that permit that was
for one room. Expired April
17th, 2000 and 22. March 2nd you
[2:17:05]
asked Mr Banks. When are you
going to do something about this
? And this invoice? These these
[2:17:11]
permits. And he said, I'm going
to leave here right away. I'm
gonna go check on these permits
[2:17:17]
because I know we have a window
permit. He didn't have a windows
permit. I called the city
[2:17:21]
because I'm concerned as a
homeowner. What am I going to be
held liable for? These windows
[2:17:26]
have been in place for over a
year. If they're not inspected.
Am I the person that's going to
[2:17:33]
be charged because they're not
inspected? I spoke to the city.
Building people. They informed
[2:17:40]
me that I had three options. I
could fire Mr Banks. I could
park my project. I could hire
[2:17:45]
somebody else. My whole object
is get my house done. I mean,
I'm not trying to be
[2:17:53]
unreasonable, but two years and
we don't have one room
completed, Not one room. He's I
[2:18:00]
also stood before you and March
2nd. 2000 and 22. I asked. I had
provided an accounting of
[2:18:07]
expense. Mr Banks told this
board he would within 48 hours
provide me an accounting of
[2:18:14]
expense. That was another lie to
the sport. Nine days later, Mr
Banks provided me an Excel
[2:18:19]
spreadsheet. One of his
employees emailed it to me. Mr
Banks is Stated that he spent.
[2:18:28]
So far on my project 4 107,089
50. I'm going to tell you that
I'm only gonna detail a few
[2:18:37]
items in that That is erroneous
. I mean, Mr Banks said he paid
5700 per countertops. Mr. Banks
[2:18:45]
did not pay 5700 for
countertops. I can provide you
the checks that show I paid
[2:18:50]
that. Mr Banks. I live in the
city. I'm not contractor. We
established that the last time I
[2:18:56]
was up here. I'm I don't know
much, but I do know for a fact.
That I live in the city and I'm
[2:19:04]
on public utilities. Mr. Banks
charged me $850 for a septic
tank. I'll have a subject tank.
[2:19:11]
There's no septic tank men on my
property. There's no need for me
to have a septic tank. Mr Banks
[2:19:17]
also charged me. Um, for three
lifts. For them to install the
windows. The first line item on
[2:19:27]
his Excel spreadsheet is Windows
27,400. That is the total
invoice sport price of that
[2:19:35]
project. I might not know
account of contracting, but I
didn't know accounting, and I do
[2:19:39]
understand. That that invoices
to cover the full cost of that
project. That's what we agreed
[2:19:45]
to pick down way below. On his
accounting. He starts charging
for lifts, three lifts, We had
[2:19:51]
two lifts, You need to double
dipping. So those three lifts
are an additional 1500. I don't
[2:19:57]
have the breakdown for that
number. Right right this moment
, but he you can't charge 24,700
[2:20:06]
for the window project and then
stick the window. The lifts down
here as additional costs When
[2:20:12]
you didn't have anything to do
with the rest of the house, they
were all part of the windows. Um
[2:20:19]
The windows still to this day
have not been inspected. And
that's worse. Um to me because I
[2:20:26]
don't know how to get them
inspected. I mean, it's I'm
afraid I want them. I don't want
[2:20:31]
to be held liable for that. I
want them expect. I want those
to be inspected and cleared. So
[2:20:36]
that we can go ahead and move
forward. The only activity that
has taken place at my house
[2:20:42]
since March 2nd was this Mr
Banks sent hired a subcontractor
to come in. To do Sheetrock
[2:20:46]
work. Thank you, Lord Jesus. I
now have walls. Do you have
walls, but they don't have paint
[2:20:55]
on those, and I don't have
window trim on any of the a
frame because those windows
[2:20:59]
aren't inspected. My husband and
I have started putting the house
back together because We don't
[2:21:06]
know when banks construction or
if banks construction is going
to show back up at our house,
[2:21:11]
it's been two years. And it's.
It's just heartening. I'm living
in one room. One room the size
[2:21:21]
of a hotel room. For going on
200 mean nine months. You know,
I love my husband's death. But
[2:21:30]
you know, we need a little space
and I bought this house so that
I would have space, but it's not
[2:21:35]
being put back together. Um.
Okay I mean, the last day that
work was done in my house was
[2:21:45]
march 11th. I will say, Mr
Banks. I called Mr Banks are
text, Mr Banks his protocol as
[2:21:52]
you text him your name and phone
number in your address so that
he knows the project if you need
[2:21:58]
to talk to him. On good Friday.
Um. April 15th. I sent him a
text did not expect to hear back
[2:22:06]
from him because usually you
don't get an answer, but he much
to my shock and amazement. He
[2:22:12]
called me and he's like, what do
you need, And I'm like What are
you gonna do with my project?
[2:22:17]
It's been a month and a half. I
haven't heard anything from
anybody. His response to me is
[2:22:23]
have somebody be in touch with
you by the end of the day. The
end of the day. I got an email.
[2:22:28]
Five o'clock saying I'm sending
somebody to your house to do
your style and your master
[2:22:32]
bathroom on April 25th. And I
just wrote back and said that's
good. The permit expires April
[2:22:40]
17th. Which was Sunday, Easter
Sunday. Their response was, I'll
let the permitting office no.
[2:22:47]
The permit expired. They didn't
get it fixed right away. As I
said March 2nd, they didn't get
[2:22:55]
it fixed by the expiration date
of April 17th. They finally got
it fixed in having new updated
[2:23:02]
permanent issued April 28th,
which do does include the
bathrooms that need to be
[2:23:09]
remodeled in the windows that
were in, but the windows again
have still not been inspected.
[2:23:14]
Um. You know the first charge Mr
Banks is on is the fraud and
deceit charge. That's because
[2:23:26]
We've been a year in and I
started pushing and pushing and
pushing to get a timeline, and I
[2:23:31]
was given an excel spreadsheet
that showed all the items that
had to be done in the weeks
[2:23:37]
we're done and Matt came to my
house That was in April. Of 2000
and 20, and I showed it to him
[2:23:42]
and he said, I'll have within
two days. You'll have one that
has states and I got one that
[2:23:47]
had dates and it was the
completion date on the project
was August the end of August of
[2:23:52]
2000 and 21. We sold our house.
We moved. We showed up.
Literally. I had a U haul in the
[2:24:01]
I went eight crazy Mr Banks had
not done what he said he was
going to do. I show up with a
[2:24:09]
four bedroom U haul. Full four
bedrooms worth of furniture, no
place to put it trash in the
[2:24:15]
floor. From where? In the house
where they have demoed. There
are live electrical wires that
[2:24:21]
if I walk out the one room I'm
hitting live electrical wires,
which, frankly, I don't really
[2:24:26]
think it's a good thing. And
then there's mounds of dirt for
me to get into. The closets to
[2:24:32]
the only bedroom, the master
closet. We had to walk over
mounds of dirt. That's not
[2:24:37]
proper care, duty and care of
the responsibility of a builder.
They need to be more he needs to
[2:24:43]
be held accountable. It would be
one thing if Mr Banks was a week
a month. Two months, making some
[2:24:53]
effort to complete my house. Mr
Banks is not. I mean, he's got a
lot of projects. I don't know
[2:25:00]
the number. I don't know how to
pull the report. I wanted to
know how to pull the report. But
[2:25:06]
I don't know how to pull how
many permits he has. But he has
a lot. It's nine months past the
[2:25:10]
do Blake. When they started
sheet rocking and actually
making some progress prior to
[2:25:16]
the March hearing. Mr Banks
showed up at my house and he
wanted to draw and I told him no
[2:25:24]
, I don't have a second working
toilet, for God's sakes. I'm not
giving you a draw. But I gave
[2:25:28]
him a draw only because he, he
said, Let's make a deal and I
didn't want the subcontractors
[2:25:34]
to put a lien on my house, so I
gave him a second. Game and draw
for $12,000. So Mr Banks has the
[2:25:44]
grand total of 70,000 of our
money. The accounting of
expenses that he gave us showed
[2:25:50]
107 is wrong. I've looked at it
. I will tell you. I I'm a bank
examiner for the F D. F C and
[2:26:00]
have been for 36 years. I am a
subject matter. Expert and
fraud. I have looked at this
[2:26:05]
record I have analyzed these
records gives no invoices have
tried to obtain the invoices so
[2:26:10]
I could substantiate the numbers
his c P A, who was his chief
financial officer. Gave me
[2:26:17]
numbers, but they don't support
the 27,400 that he just showed
for the Windows alone. It should
[2:26:23]
13,000 So there's some $12,000
different that I can't adjust
you. Um. When Mr Banks got me to
[2:26:32]
give him that draw. He gave me a
text message because his
contract states any adjustments
[2:26:38]
has to be in writing. So I said,
Put it in writing. He sent me a
text message to said. Starting
[2:26:44]
Monday. This was October. 18th
in the documents is the very
last or next to the last text
[2:26:50]
message from Mr Banks that
stated He would begin on Monday,
October of 20. One to move
[2:26:59]
forward on the right side of my
house to bring it to a
completion. There's two
[2:27:04]
bathrooms on the right side of
the house and two bedrooms.
Those are not complete. Mr
[2:27:09]
Banks's Cabinet man. He owned
one bathroom is missing the
vanities doors. In completion.
[2:27:16]
And it's still missing. I have
spent over $1500 buying. Things
to repair the work that he has
[2:27:26]
done. What do I expect from this
board? I would like for you. To,
um. Revoke Mr Banks's license
[2:27:36]
suspended do something to stop
allowing him to pray. Pray on
the good citizens of this
[2:27:43]
community. I mean, he's going
around. He's continuing to make
contract. He's making
[2:27:48]
commitments and he's not hearing
he's not that I want my house
done. I also would request
[2:27:54]
restitution. I looked at his
numbers I can justify about
40,000 of his money of my 70. So
[2:28:02]
there's $30,000 that I'm missing
plus the 5700 that I paid
towards the countertop the 1500
[2:28:10]
that I paid to buy new crown
molding, and she not to mention
the hours of painting the hours.
[2:28:17]
I'm not a contractor, but I've
been painting and you know,
having to listen to my husband
[2:28:23]
describe everything that he
wants while he's putting things
together. Um You know? I think
[2:28:31]
Mr Banks has been off more than
he's to continue. I think he's
deceitful, and he's just lying
[2:28:38]
to everybody to keep to address
Who's going to be the loudest
One that's complaining the
[2:28:43]
loudest And I respectfully
request that you Provide
restitution and do something to
[2:28:50]
stop this. I mean, we're at 82
days. I have seven more days
before I can declare
[2:28:56]
abandonment. Um. Those are my
prepared remarks. Well no, not
really. It really didn't stick
[2:29:04]
to what I was going to say
anybody has any questions or
comments? I'll be happy to try
[2:29:09]
to address them. Thank you. Q Ms
Banks. Do you have any comments?
Gave it short. Keep it. To the
[2:29:17]
point. Um. Miss Stone is writing
a lot of things, she said. Um As
far as owner project. We're
[2:29:27]
still under contract, and she
would like to remove us didn't
understand that as far as of the
[2:29:32]
accounting that was done. When I
came to this initial complaint
hearing and reps in reference to
[2:29:38]
the four people here, um they're
counting that was done. All
those things done was done by my
[2:29:43]
company. But it wasn't done with
me and the people that did do
that no longer here. So those
[2:29:48]
people she stated that gave her
those dates. Um did the
accounting did all that? Um that
[2:29:53]
wasn't done by me personally,
but I'm the owner. So, um, I'll
take responsibility for that. Um
[2:29:57]
and reverence to the permits
that wasn't pulled on the
initial contract. Um our
[2:30:04]
contract does state a certain
start date. Um so as far as the
statute I'm accused of 49 1.6
[2:30:12]
subsection. That statute does
state if it's agreed upon over
30 days, and that doesn't apply
[2:30:16]
, which they signed that she
signed the contract stadium. We
will start at a later date. So
[2:30:21]
therefore, that 30 days would
not apply to this project in my
if I'm interpreting that, that
[2:30:26]
statute correctly, um as far as
her project taken taking long
and not getting done,
[2:30:33]
Absolutely, um When I signed
hers and many others I had a
full staff had I was rocking and
[2:30:38]
rolling. It hit the fan. I went
down, so I'm here trying to get
it back, right? Um, I'm not
[2:30:44]
gonna make excuses, but that's
where I'm at. All I gotta say
home. Thank you, Mr Baker.
[2:30:50]
Alright, I'm gonna go ahead and.
From there. To obtain a motion
with the penalty at the end of
[2:31:12]
the Discussion. Tip. Motion made
the second one. Ocean Ocean mate
second. One second here to put
[2:31:28]
the penalty phase at the end.
All those in favor say Aye.
Opposed. Being done Motions
[2:31:35]
group. Alright, Mr Chair. As to
count one, the alleged violation
of a skinny counting code
[2:31:45]
section 18 37 c 11. Is there a
finding that Mr Banks is guilty
of fraud or deceit or gross
[2:31:52]
negligence? Incompetency or
misconduct and the practice of
contracting.
[2:32:06]
In the discussion. Mhm.
Entertain a motion. I'll make a
motion of yes. It is. Motions
[2:32:28]
made Yes. Their second. Motion
made and seconded, you know,
further discussion. None All
[2:32:41]
those in favor say Aye opposed,
like sign. Being known. The
motion is decision is yes.
[2:32:48]
Account, too. As to count two
the alleged violation of Scandia
County Code section 18 37 D 15,
[2:32:57]
a Is there a finding that Mr
Banks obtained permits after
starting the job, but prior to
[2:33:04]
completion of same and did not
miss any inspections?
End of discussion. It appears
[2:33:25]
that you did. I make a motion
that we find the respondent to
be in violation of the code.
[2:33:36]
Emotions. Made is their second.
Motion made and second in the
further discussion. Here? Yes.
[2:33:47]
Understand correct that there
was something special word,
Miss. Sorry. Based on the record
[2:34:00]
where current with our
inspections other than the
window and door we still have
[2:34:04]
our final inspections to do and
the window inspection. Okay okay
. But he did start the job after
[2:34:11]
he did get the permit after he
started the job. Okay Motion
made in Secretary Any further
[2:34:20]
discussion. All those in favor
say, Aye, I suppose like side
being known emotion is yes.
[2:34:29]
Count three as to count three,
the alleged violation of a
skinny county code section. 18
[2:34:35]
37 d 13. C two. Is there a
finding that Mr Banks violated
any provisions of Chapter 49
[2:34:41]
part one Florida statutes. I
make a motion. We find him not
finding This is just to prove
[2:34:53]
that he did find him then. Yes
in violation of getting
violation. Sorry. Motion made to
[2:35:01]
find him in violation. Seconded.
In the discussion. Big known all
those in favor say Aye opposed,
[2:35:13]
like sign being known. The
decision is yes. Moved to
penalties. Yes, sir. Mr Chair.
[2:35:23]
As to count one the violation of
code section 18 37 c 11. The
penalty guideline for violent
[2:35:31]
violating code section 18 37 c
11 is a 100 to $5000 fine and
such other penalty as allowed by
[2:35:40]
law.
Suggest 3000. Bye. Entertain
motions. Make a motion respond
[2:36:11]
to be ordered to pay a fine the
amount of 5000 Amount of 5000
that's correct. The motion is
[2:36:17]
made. $5000 fine. Is there a 2nd
2nd? Motion made and seconded
and it discussion. Ms. Chair?
[2:36:27]
Yes. First of all I go. I think
we went by. This was pretty fast
and I didn't understand myself.
[2:36:36]
And it says in such other
penalty as allowed by law. I
don't see. Anywhere on these
[2:36:45]
other. The rest of these are
just find what does that entail
So and such other penalties as
[2:36:51]
provided by law references, any
other penalty that's within
chapter 18. 37. You got it.
[2:37:01]
Okay? I think Matt was going to
say that includes suspension and
revocation. Yes, that is correct
[2:37:11]
. It's any other penalty
outlined in section 18-37,
subsection C and See through H.
[2:37:22]
Okay, We have emotion. Be
ordered to pay a fine of $5000.
It's been sex. A second
[2:37:29]
secretary. In a discussion. Can
we add to that? With this second
fees.
[2:37:52]
We haven't voted. So if you want
to. I just don't see in these
other two accounts with any
[2:38:00]
provision for any kind of
probation or suspension, or
Anything and. Again I go back to
[2:38:09]
this feeling that there needs to
be some substantial. Um. But.
Getting it's down there. The
[2:38:23]
first violation. That's only
those are the peat violation
under repeat knowledge. That's
[2:38:28]
what we ran into last time, and
I realized that After the fact
was Previous case, and I just
[2:38:33]
feel like From my perspective. I
would like to see something
added to it. I'm not sure what
[2:38:39]
that looks like at this point,
but Thanks for the correction.
There is what is it? Excuse me.
[2:38:47]
Don't count one. Probation or
suspension or anything like that
. That that is permissible on
[2:38:56]
count one as Mr Lister was
pointing out on counts two and
three because there is no record
[2:39:01]
evidence before this board.
Prior violations. Um that would
not be appropriate penalty for
[2:39:09]
first violation. So if there
were a desire to impose
supplemental Probation or
[2:39:15]
revocation that would need to be
added on is the penalty for
count. One dealt what you can't
[2:39:22]
do. We can't do that is correct.
With the understanding
suspension can be a maximum of
[2:39:31]
one year of license revocation
is a minimum of one year and up
to five years. Will withdraw the
[2:39:40]
motion. So that we can modify
The motion. If you'd like to do
that. Yes, sir. Um. Torn between
[2:40:01]
what levels Could be as with the
chair. I agree with the $5000
from my motion would be
[2:40:11]
Definitely the $5000 fine with
Minimum of one year suspension
suspension for one year. That
[2:40:19]
minimum. Mr Lister if it were a
suspension. I'm sorry, Joanne.
If it were a suspension, the
[2:40:30]
maximum would be one year if
this board to work to revoke his
certificate or his license. The
[2:40:37]
minimum on a revocation is one
year maximum five years. I think
you want to suspension for one
[2:40:45]
year. I just feel in my gut Mr
Chair that there needs to be
something I understand, but
[2:40:50]
right now suspension for one
year. And it's Miss Hampton
pointed out during the previous
[2:40:57]
hearing, a suspension would
automatically be reinstated at
the end of that. At the end of
[2:41:03]
the suspension time. We have
emotion. We have a second No.
Abortion. You have a second
[2:41:20]
Motion is $5000 fine and
suspension for one year. Can I
can I caution. I just want to
[2:41:26]
speak frankly with the board
here. I don't know if anybody
here that's ever made a mistake.
[2:41:31]
Not Been able to make
restitution for this if we
revoke his license was suspended
[2:41:38]
license for one whole year.
That's a long time. And. It
can't work. You can't pull
[2:41:45]
permits in this county. I'm not
saying that. All the
documentation that maybe before
[2:41:53]
us upcoming in the public. Okay
I'm just I'm just speaking from
what you're saying. How about
[2:42:00]
consideration of probation for
one year? If he has any act. Can
ask Counsel for clarification on
[2:42:09]
listing suspension Does that
mean he came Continue to work or
does it mean he just connect?
[2:42:15]
Pull a permit during this one
year he could still stay in
business? During this year. He
[2:42:22]
just can't pull new permits in
my correct or am I wrong? Had
his and I will also differ to
[2:42:27]
staff for the details, but
essentially his Ability to pull
permits and his ability to
[2:42:34]
operate as a contractor in this
county would end at the time
during the term of that
[2:42:40]
suspension. The difference would
be probation, for example, where
he could still, uh, conduct
[2:42:45]
contracting activities. That's
correct, Mr Chair. I would like
to just touch probation. My
[2:42:52]
apologies can't do probation
instead of suspension, Okay, Mr
Chair. His probationary period
[2:43:00]
is not regular relegated to a
certain time frame. That's
that's to be determined by born
[2:43:04]
in the ordinance, it doesn't say
There's only this amount of time
we can't say probation for one
[2:43:10]
year. Okay we'll modify the
motion to say. Among the finest
$5000 in probation for one year.
[2:43:25]
Have a 2nd 2nd. Motion made and
secretary discussion. Being done
all those in favor CI alright,
[2:43:34]
opposed like sign. Being known.
The motion Is made and approved.
$5000 fine and probation for one
[2:43:43]
year moving to count, too. Yes,
sir. Chair Sorry account to the
violation of code section 18 37
[2:43:52]
D 15 a penalty guidelines for
violating code section 18 37 D
15, a For first violation is
[2:44:00]
$100 fine. We have a record of
prior violations. Not with this
for $100 fund. Second motion
[2:44:14]
made for $100 finance secretary
any further discussion. Any
further discussion. All those in
[2:44:21]
favor say Aye. Opposed like
science. Being none. The motion
is approved for $100.05 1st
[2:44:30]
violation count three. As to
count three the violation of
code section 18 37 D 13. C to
[2:44:40]
the penalty guidelines for
violating code section 18 37 D
13 c two For first violation.
[2:44:47]
500 to $1000 fine. Amica motion
that we. Approve the violation
for $500. $1500 500 made for 500
[2:45:04]
is their 2nd 2nd. Motion made
and Secretary $500 fine.
Discussion. Big known all those
[2:45:12]
in favor, say Aye. Those like
son. Signal the motion is
approved for $500.05. Alright,
[2:45:21]
sheriff, the deadline. Yes sir.
Chair The board must also
determine the respondents
[2:45:27]
deadline to pay the fines
imposed. 90 days. 180 days. 90
days should be sufficient. We
[2:45:37]
have 90 days. That agreement.
Motion to suck. Must pay within
90 days. Motion made consecutive
[2:45:49]
In the discussion. Being done
all those in favor say Aye.
Opposed like side. Be not. The
[2:45:57]
motion is approved. For 90 Day
deadline to pay the fines.
Alright chair the penalty for
[2:46:07]
the respondents failure to
comply. Uh I would suggest that
we, uh The penalty for failure
[2:46:17]
to comply with B. Probation to
suspension. Of license. Changes.
Let's see. Change it from
[2:46:28]
probation to suspension. If he
fails to pay within 90 days.
That's the most. I need a motion
[2:46:40]
put that in the motion motion
made. Is there a second? Motion
made and secretary didn't
[2:46:45]
discussion. And just to clarify
that suspension for a year.
Okay. The motion is Failure to
[2:46:56]
comply changes the probation to
suspension. All those in favor
say Aye. No likes that being
[2:47:06]
done. Promotions approved. Chair
staff would also request
reimbursement for administrative
[2:47:14]
cost for the mailings. Motion
for that emotions right, adding
administrative costs fines.
[2:47:21]
Second Motion made in secondary
any further discussion. None All
those in favor say Aye, alright.
[2:47:31]
Closed. Be none. Emotions are
approved for adding
administrative cops. Whether the
[2:47:41]
board wishes to order
restitution in the amount of
financial loss suffered by the
[2:47:44]
homeowner. Do we have an
accounting for the financial
loss? Documented accounting. At
[2:47:54]
this time staff does not have a
documented accounting. A
specific number provided within
[2:48:00]
the documented accounting. Uh
entertain a motion to hold it to
the next meeting for staff to
[2:48:07]
come up with a accounting. Yes.
Motion. In the motion. Have a
second Sick. Motion made and
[2:48:20]
seconded for the. To consider
the restitution in our next
meeting staff to come up with
[2:48:28]
the restitution. So now the I.
No boast like some The motion is
approved. The board must also
[2:48:39]
issue a recommendation to the
construction industry Licensing
board.
[2:48:53]
The last time we are suggested.
No further action to the
licensing board. We're living up
[2:49:03]
with lots of fines motion.
Emotions. No further action. Is
there a second? New sector.
[2:49:15]
Motion made in secondary heated
discussion. Being done all those
in favor say Aye. Like side. We
[2:49:24]
have one. The motion is
approved. Which one negative.
Yes sir. Mr Chair, so we'll move
[2:49:42]
to item Matthew three. Matthew s
banks doing business as banks
Construction LLC. State
[2:49:48]
registered license Number R R
28281200. Its contractor.
Competency Board complaint
[2:49:56]
number 2 to 0 to 16 C O M. It's
in regards to Pamela Black May
homeowner complainant at 12 14
[2:50:04]
East Yonge Street, also within
the city limits of Pensacola,
Florida If you are here to
[2:50:09]
provide testimony for this
Hearing. If you could please
stand and be sworn in. Feedback.
[2:50:16]
They're standing. Yes. Truth the
whole truth. From that. Yeah.
Before you start reading.
[2:50:33]
Recalling didn't recess. Yes,
sir. 10 Minutes recess. Me.
[2:51:00]
15. Yeah. This question.
[2:52:19]
I say, Mr Winters, California
everything wrong? Jennifer. We
color musical legend. Music's go
[2:52:35]
May Give her only three minutes.
Because everything's here. We
don't need all that. It quickly.
[2:52:48]
Okay. Next three. Okay? Well.
He's gonna get He's gonna be
financially impacted for sure. I
[2:53:03]
hope to hell. He learned some.
Okay I know I don't get you out
here. Yes ma'am. A recently it's. No she's actually in with me
[2:53:34]
for about 2 to 3 years, but
turnout says out I just feel
like Yeah.
[2:54:23]
Select what you're doing. Thank
you. Makes it a lot easier.
Again. Is make sure you get it.
[2:54:46]
Everybody Everybody's saying.
Body correct many years. Seven
down. Help.
[2:55:51]
Greece. So what was, he said?
About the boat. I'm serious.
Select yourself. Meetups. Feel.
[2:56:47]
When I asked you like, but.
Radical, but they got me.
Hahaha. Talked about it a long
[2:57:11]
time. Green blues brews. Bruce.
Heartbroken.
[2:57:56]
Spring Street, bruising
bruising. We had to hear. We
understood the question. Yeah.
[2:58:21]
Whatever that girl kicking your
coverage already? Yeah. Okay,
let's get him. Last time. Yeah.
[2:58:39]
Up in there, you know, just just
Well when I knew that custom.
There. Give them all this. How
[2:59:00]
would you was up on technology
man? What Yahoo! You call it
that Britain that from the
[2:59:10]
county or you doing, Secretary
Go. Because of the poet
requisition. I deal with 500
[2:59:17]
pages printed out because. Rooms
of city. This makes a bigger
impact. That's right here. I got
[2:59:35]
a point there. It's how marriage
everything. Little salad Mayor
Ashton. He would There was a
[2:59:44]
stack of them. That's it
Creation English. Up here. I'm
pretty sure he's not. Yeah. Yeah
[3:00:01]
They already knew what had
natural the natural department.
Hmm. Mm hmm. Contract. Seaboard
[3:00:14]
is back in session. June 1st.
Yes sir. Chair just to, um,
bring everybody back up to speed
[3:00:25]
. I'm about to read the
administrative complaint for
case number 2 to 0 to 16. C O M.
[3:00:32]
Alright responding to state
registered residential
contractor having been issued
[3:00:36]
license number or R 28281200.
License in Escambia County,
Florida Respondents address of
[3:00:45]
record is 10370. Pensacola
Boulevard. Pensacola, Florida 3
to 534. Respondent is subject to
[3:00:53]
regulation by the board. Pamela
Black may hired the respondent
to repair her residence located
[3:00:58]
at 12 14 East, Yonge Street.
Pensacola, Florida 3 to 503.
Homeowner executed a residential
[3:01:05]
construction contract on
December 20th 2020 for a total
repair price of $31,900. On the
[3:01:13]
following day, December 21st
2020 how many are paid to the
respondent and initial payment
[3:01:18]
of $14,400? Respondent commence
work on the residents and mid
April 2021. Responded Obtained
[3:01:28]
Subcontractor D roofing to
complete the re roofing portion
of the contract and D A C
[3:01:34]
roofing obtained a re roof
permit from the city of
Pensacola Building inspections
[3:01:38]
department. Roofing and form
respondent that the re roof
could not occur until the
[3:01:44]
trusses were repaired. On June
4th 2021 respondent applied for
a trust repair permit and the
[3:01:49]
city of Pensacola Building
inspections Department issued
the permit on July 15th 2021.
[3:01:55]
Premier Inspection of the trust
repair occurred on August 3rd
2021. Yes the roofing reinstated
[3:02:02]
the expired re roof permit on
August 26 2021. The re roofing
passed inspection on September
[3:02:08]
1st 2021. Following continual
delays and October 2021 from
under filed a complaint against
[3:02:15]
respondent with the state of
Florida Department of Business
and Professional Regulation. TVR
[3:02:20]
forwarded the complaint to this
board notice. Probable cause
hearing was sent to the
[3:02:25]
respondent at his address of
record via Certified mail and
return receipt requested.
[3:02:29]
Respondent attended the probable
cause hearing on March 2nd 2022.
At a probable cause. Hearing the
[3:02:35]
board heard testimony from
Escambia County Building
Services Department staff, the
[3:02:40]
city of Pensacola building
official the homeowner and the
respondent. The board also
[3:02:46]
considered documentary evidence
pertinent to the issues. The
testimony and evidence showed
[3:02:51]
that homeowner hired the
respondent to repair hurricane
damage to her residents.
[3:02:54]
Homeowner provided the down
payment to respond. And on
December 21st 2020. Respondent
[3:03:00]
commenced work in April, 21
respondent obtained permitting
for the project on July 2021 as
[3:03:07]
of the date of the probable
cause hearing responded, had not
scheduled or obtained final
[3:03:11]
inspection for the project. The
board determined that there was
probable cause to believe
[3:03:16]
respondent violated a skinny
county code section 18 37 D 15
B. And Florida statute. 49 1 26
[3:03:23]
to a one Skinny county code
section 18 37 D 15 B provides
that a code violation from a
[3:03:31]
failure of to obtain inspection.
Penalty guidelines for violating
code section 18 37 D 15. B. $250
[3:03:38]
fine. Responded violated a
skinny county code section 18 37
D 15. B by failing to obtain the
[3:03:48]
required final inspection as of
the date of the march 2nd 2022
probable cause hearing. Escambia
[3:03:54]
County Code section 18 37 d 13 c
two provides that a code
violation results from violation
[3:04:00]
of any provisions of Chapter 49
part one Florida statutes as
amended. Florida statute. 49 1
[3:04:07]
26 to 82 provides a contractor
who receives as initial payment
money totaling more than 10% of
[3:04:14]
the contract price for repair,
restoration, improvement or
construction. Two residential
[3:04:18]
real property must start the
work within 90 days after the
date of all necessary permits
[3:04:24]
for work, if any, are issued.
The penalty guidelines for
violating Scampi County Code
[3:04:29]
section 18 37 D 13. C two For
the first violation of 500 100
to $1000 fine. Respondent
[3:04:37]
violated for a statute 49 1 26
to 82 by failing to commence
work on the project within 90
[3:04:43]
days after the issuance of the
required permit. Accordingly
responded violated its skinny
[3:04:48]
county code section 18 37 D 13.
C two by violating four statute
49 1 26 to 8 to. Ah! Miss Pamela
[3:05:04]
May Yeah.
[3:05:21]
I do accept Yes, it is. No
objections. No objections. I'm
I'm gonna be really, really
[3:05:32]
short. Um, I came in here March
2nd for the last hearing. Um he
had, um, on April 29th. He had a
[3:05:40]
guy to come by to look at my
door. Um they read, they decided
that the door needed to be
[3:05:46]
replaced. He went to Home Depot
and Lowe's. The door was not in
stock. He was going to order the
[3:05:54]
door and I haven't heard
anything else from them Since
that time. Yes, sir. I accept as
[3:05:58]
presented yes. Thank you.
[3:06:47]
Yes, sir. Mr Chair. As to count
one, the alleged violation of a
skinny county code section 18 37
[3:06:56]
d 15 b. Is there a finding that
Mr Banks failed to obtain an
inspection?
[3:07:14]
Motion is yes. Yes. Discussion.
Being done all those in favor
say Aye. Alright like sign did
[3:07:31]
none. The motion Of yes is
approved. Scout to account to
the alleged violation of a
[3:07:40]
skinny county code section 18 37
D 13. C two. Is there a finding
that Mr Banks violated any
[3:07:48]
provisions of Chapter 49 part
one Florida statutes? That
covers the. Bit of fermenting
[3:07:57]
after 90 days. Is there a
motion? Yes. Motion Yes. Is
there a 2nd 2nd made consecutive
[3:08:10]
in the discussion. Big done All
those in favor say Aye pose like
son. The motion of yes is
[3:08:18]
approved. To move into the
penalty face. Yes, sir. As to
count one. The violation of code
[3:08:31]
section 18 37 D 15 B. The
penalty guidelines. For
violating code section 18 37 D
[3:08:39]
15 B. For a first violation.
$250 fine. Is this not his
second violation. Matt.
[3:08:57]
Apologies during do not believe
the 15 B was on the prior. I
don't believe you. 15 V was a
[3:09:05]
prior account accounting the
prior case. This would record
evidence for the sport would be
[3:09:11]
that it was the first violation,
okay? First violation only.
Motion for $250. Emotionally.
[3:09:21]
$250 fine. Second Help me. As
they suspension also in here on
this one. No, sir. With this
[3:09:36]
being his first violation, it is
only the $250 150 Dollar fund.
Emotions made for him to pay
[3:09:45]
$250 fine and their second In
the discussion. Big nut. All
those in favor say Aye, alright,
[3:09:53]
opposed like son. Motion to pay
a fine of $250 is approved.
Count two as to count two. The
[3:10:04]
violation of code section 18 37
D 13 c to the penalty guidelines
for violating code section 18
[3:10:10]
37. D 13. C two First violation
. $502,000 fine. Repeat
violation 1000 to $5000 fine and
[3:10:21]
suspension or revocation.
I think this is a second
violation. Mr Chairman based on
[3:10:40]
the This board's findings in the
prior case, which is case 2 to 0
to 13. C O M. This board can
[3:10:50]
take what amounts to judicial
notice and find that Because it
didn't find Mr Banks guilty of
[3:10:57]
that prior violation that that
would count towards, um Repeat
violation violation. Yes, okay.
[3:11:06]
So in this case, we can consider
repeat violation. Which is 1000
to $5000 fine suspension and
[3:11:12]
replication. Motion for
$1500.05. In its suspension. No.
No suspension. He already has
[3:11:34]
one so Motion made consecutive.
He didn't discussion checking
his approbation suspension. He
[3:11:44]
has probation. Yes pension. But
if he fails to pay his fine, it
goes to suspension. Any further
[3:11:53]
discussion. Picking on all those
in favor. Say Aye, those like
son being done. The motion for a
[3:12:03]
$1500 fine is approved. Yes,
sir. Mr Chair, so the board must
also determine the following the
[3:12:10]
respondents deadline to pay the
fines imposed. Bonnet for 90
days to pay the fine. Motion
[3:12:20]
made deserves 2nd 2nd motion
mining sector. All those in
favor say Aye. Proposed like son
[3:12:29]
being known. 90 days. Failure to
pay Is approved. The penalty for
respondents failure to comply.
[3:12:43]
If he fails to comply. He's
already in a suspension mode or
he's got a probation mode. Mm.
[3:12:53]
I'm not sure it's necessary to
Would it be? To have a penalty
at this phase. I guess I don't
[3:13:04]
understand. The question of your
question is We have to have a
penalties for his failure to
[3:13:10]
comply within the 90 days,
paying the fine it's not
required to have it's not
[3:13:15]
required since he already has
one. In effect, Yes, that is
correct. It's more of an
[3:13:20]
incentive. Friend to comply. So
we do not have to have. Any
penalty. At this time. Maybe
[3:13:33]
another one later. Mm. Is there
any restitution? Requested there
was there was nothing requested
[3:13:46]
from Miss May at staff would
request that the administrative
costs be reimbursed, okay?
[3:13:53]
Entertain the version that
administrative costs. To the
phone. Is the 2nd 2nd motion.
[3:14:02]
Amazing Secretary. They had
administrative costs five. All
those in favor say Aye, alright,
[3:14:08]
opposed like son. Being known.
The motions approved
administrative costs. Uh and
[3:14:14]
then excuse me. We did We closed
out. I'm not sure that we closed
out out of two D. The penalty
[3:14:23]
for We didn't. We didn't vote on
it and I know as well. I'm
getting back to if the prior
[3:14:32]
case was appealed and won with
this Then that would. Would need
to be stipulated in this order
[3:14:41]
as well, I think Okay, if we're
going to reconsider that What
penalty can we have? It would be
[3:14:50]
this. My motion is to make it a
one year suspension for non not
for failure to comply. Can we do
[3:14:57]
for this case? Yes I do not see
an issue with that. Okay let's
go back and reconsider the
[3:15:04]
penalty. For the respondent
fighter to comply with his
painting and fine. Motion to
[3:15:10]
Suspended for one year. Yes,
failure. The second. Motion made
and seconded to suspend his
[3:15:21]
license for one year. Or failing
for you to find. All those in
favor say Aye. Alright, like
[3:15:29]
son. Would Negative one
negative. It's approved with one
negative folks. Construction
[3:15:42]
industry licensing board.
[3:16:02]
Trying to figure out what we
could do the choices again to
recommend so. Your option
[3:16:08]
construction license industry,
Uh, industry licensing board.
But no further action or
[3:16:14]
recommendations for suspension,
revocation or restriction of the
registration. And we also put in
[3:16:23]
their suspension so that that is
one of your options, along with
the No further actions.
[3:16:28]
Suspension revocation
restriction of the registration,
which would be a probation. Or a
[3:16:33]
fine to be levied by the CIA
will be I suggest we advise the
C L B, uh, recommend probation
[3:16:43]
for appeared one year.
Discussion. Did they get a. Or
actions do they get a resend it
[3:16:55]
to them? Yeah What's going on
with his license? Yes sir. Mr
Bachelor. So our findings with
[3:17:04]
backup documentation is sent to
the C. I'll be, um They take
that case, review it and then
[3:17:11]
make their determination. Our
recommendation is solely
advisement to them on what we
[3:17:16]
think they should do. We could
continue which is nowhere
further action and let them The
[3:17:23]
what we've done. Entertaining
motion for no further action. Is
there a second? Motion made and
[3:17:39]
secretary then the discussion. I
mean, they can take action on
their own based on what we've
[3:17:46]
done. No further discussion. All
those in favor say, Aye.
Proposed. Motion passes with no
[3:17:58]
further action to the C L B. Our
next item is Matthew s banks
doing business as banks
[3:18:07]
Construction LLC, state
registered license number or
28281200. Contractor Competency
[3:18:16]
Board complaint number 2 to 0 to
14 C O M. It's in regard to
Michelle Hambleton Homeowner
[3:18:22]
complainant at 12, 41 East
Kingsville Road Cantonment,
Florida. Before we swear them
[3:18:28]
in. I just wanted to thank Mr
Bill be the city building
official. I know he probably has
[3:18:32]
other stuff he needs to do. And
these two don't really Apply to
the city. Um complaints not on
[3:18:39]
screen. Right Or if you are here
to provide testimony on this
item, if you could please stand
[3:18:45]
and be sworn in. Yes, ma'am.
Alright. So again respondent as
a state registered residential
[3:19:06]
contractor, having been issued
license number or 28281200,
licensed in Escambia County,
[3:19:12]
Florida. Respondents address of
record is 10370. Pensacola
Boulevard. Pensacola Florida 3
[3:19:21]
to 534 respondent is subject to
regulation by the board.
Michelle Hamilton's hired the
[3:19:26]
respondent to renovate her
garage located at 12 41, East
Kings Field Road Cantonment,
[3:19:32]
Florida 3 to 533 homeowner
executed the residential
construction contract on
[3:19:38]
February 20th 2021 for a total
renovation price. Of $48,250 on
the same day homeowner paid to
[3:19:48]
responded an initial payment of
$24,125. The contract provided a
start date of June. 21st 2021
[3:19:56]
respondent obtained a permit on
August 6th 2021. On December 6th
2021 after no work had begun.
[3:20:04]
Homeowner contacted respondent
and canceled the contract
Homeowner requested that the
[3:20:10]
respondent return half of the
homeowners $24,125 received for
the project. Responded did not
[3:20:18]
return the requested half of the
deposit notice of the problem
cause hearing was sent to the
[3:20:24]
respondent at his address of
record via Certified Mail.
Rivers Return receipt requested.
[3:20:30]
Respondent attended the probable
cause hearing on March 2nd 2022
at the probable cause hearing,
[3:20:36]
the board heard testimony from
Escambia County Building
Services Department staff, the
[3:20:39]
homeowner and the respondent.
The board also considered
documentary evidence pertinent
[3:20:44]
to the issues. The testimony and
evidence showed that the
homeowner hired the respondent
[3:20:49]
to renovate her garage. The
homeowner provided a down
payment to the respondent on
[3:20:53]
February 20th 2021. The
respondent obtained permitting
for the project on August 6th
[3:21:00]
2021, the homeowner canceled her
contract with the respondent on
December 6th 2021 after no work
[3:21:06]
had commenced. The board
determined that there was
probable cause to believe that
[3:21:11]
the respondent violated Florida
statute 49 1 26 to 81. And
Florida statute for 89 1 26 to 8
[3:21:18]
to. The skinny county code
section 18 37 d 13 c two
provides that a code violation
[3:21:27]
results from violation of any
provisions of chapter 49 pork.
One Florida statutes as amended.
[3:21:34]
Florida statutes 49 1 26 to a
one Provides that a contractor
who receives as initial payment
[3:21:41]
money totaling more than 10% of
the contract price for repair,
restoration, improvement or
[3:21:46]
construction to residential real
property. Must apply for permits
necessary to do work within 30
[3:21:52]
days after the date payment is
made. Penalty guidelines for
violating, uh skinny county code
[3:21:59]
section 18 37 D 13 c two are as
follows for a first violation of
$500,000 fine. And Ah, we have
[3:22:10]
the additional repeat violation
later on and Are. In our aid for
you guys responded, Violated for
[3:22:18]
a statute 49 1 26 to a one by
applying for appropriate
permitting 166 days after
[3:22:25]
receiving the initial payment
from the homeowners. Accordingly
Respondent violated Escambia
[3:22:31]
County Code section 18 37 D 13.
C two by violating for a statute
49 1 26 to a one A scary
[3:22:38]
chemicals. Section 18 37 d 13 c
two provides that a code
violation results from violation
[3:22:47]
of any provisions of Chapter 49
part one Florida statutes as
amended. Porta Statutes 49 1 26
[3:22:55]
to 82 provides that a contractor
who receives as initial payment
money totaling more than 10. Of
[3:23:01]
the contract price for repair,
restoration improvement or
construction to residential real
[3:23:05]
property must start the work
within 90 days after the date
all necessary permits for work,
[3:23:10]
if any, are issued. Ah the
penalty guidelines again for
violating section 18 37 d 13 c
[3:23:21]
two for first violation is
$502,000 fine. And then. Repeat
violation is 1000 to $5000 fine
[3:23:31]
and suspension or revocation. Uh
respondent violated for statutes
49 1 26 to 82 by failing to
[3:23:38]
commence work on the project
within 90 days after the
issuance of the required permit
[3:23:43]
accordingly responded violated
Escambia County Code section 18
30 70 13 c two by violating
[3:23:51]
Florida statute for 89 1 26 to 8
to. Michelle. Hambleton. I'm
going to ask if you would accept
[3:24:08]
the reading of the complaint. I
would, but I also want to add
something after the hearing last
[3:24:15]
hearing, Mr Banks Um Want agreed
to pay me. The half of the
deposit back so he offered 3000
[3:24:25]
week for four weeks, Um, on two
occasions in writing, but we've
never received any of that back.
[3:24:34]
Also, I would just like to add
that Letting him keep his
license is not is no longer
[3:24:41]
letting him do work to pay
people back are complete work.
He's he's not working. He's just
[3:24:45]
taking people's money and not
working. And I came up here last
time, and I told him I didn't
[3:24:52]
want to do this. He has a
family, but he is at this point
destroying families because this
[3:24:56]
is people's hard earned money.
And we're just out and there's a
lot of people back here who want
[3:25:04]
to say the same thing and it's
it is a pattern. Um, I think
that To be mentioned that if you
[3:25:11]
see a pattern, there's obviously
a pattern. And I have at this
point. I have nothing to lose. I
[3:25:18]
doubt I'm going to make any of
that money back. Okay? But I
don't think anybody else seems
[3:25:24]
to be damaged by him. Okay Yep.
So obviously You know, Miss
Hamilton and other people are in
[3:25:42]
here aren't all my clients. So
we're all working complete.
Probably 2 to 3 Clark two or
[3:25:48]
three projects a week. Um just
sitting in this room alone. I've
got over 20 messages from
[3:25:52]
clients wishing me the best.
Obviously, I do need to work to
pay these people back. And there
[3:25:57]
has been 14. People paid back on
record that I could prove to the
county in full in the last six
[3:26:04]
months. It's not easy. I could
easily walk away. Claim
bankruptcy did with the criminal
[3:26:10]
procedure. It took my tail and
run, but I'm not doing that. So
regardless of what happens here
[3:26:15]
today, I've been working since I
was 16 years old. I'm gonna work
after this hearing. Whether
[3:26:19]
that's where the license or
doing sub work without a license
, But I'm gonna provide for my
[3:26:23]
family and I'm gonna try to pay
these people back so they can
continue to bash me all over
[3:26:29]
town and do what they want to
do. It's not gonna stop me at
work. Mr Chair. Is this
[3:26:37]
appropriate time to ask a
question? Before we get into the
I, uh. Kind of took it on
[3:26:45]
myself, too. Because I'm
wouldn't here at these other
meetings. And. In the last few
[3:26:57]
weeks, Mr Banks has opened up to
new L. L. C s In the state of
Florida. Two sunbiz .org That is
[3:27:08]
a big, big flag. I have. I don't
want to have any business a long
time. And I've seen a lot of
[3:27:21]
stuff. I'm not perfect by any
means. But This kind of stuff.
Is a real indicator of somebody
[3:27:27]
who's ready to Shut one business
down the store up another one.
And. That's that's a big, big
[3:27:37]
flag. But I think this board
needs to know about Um, last
stumble across. But the pattern
[3:27:46]
of that is something that. I
think we really need to take
some serious looks at that.
[3:27:56]
Yeah, Come here. So. Mr Lister
doubt you stumbled upon its all
over social media. So I promise
[3:28:07]
I have never seen on Social
media companies speaking to
three t construction, um have
[3:28:12]
actually four kids with the name
T at the time. I had three. So
the other person on that company
[3:28:20]
is John Cree. I come from a
Cabinet background. So me and
John Creed who everybody knows
[3:28:25]
this smoke. That's his real
name. We're going to start
installing cabinets for legacy
[3:28:29]
cabinetry where I started to
make extra money to pay people
back. When I started three t, I
[3:28:34]
realized I got four kids with
the last name T. So I changed it
to 40. So the new one that came
[3:28:41]
out is probably 42 construction,
and it's gonna be a Cabinet
installation company because
[3:28:43]
that's what I do. I'll do it on
the side. So that's where that
company is coming from. It will
[3:28:48]
not be a registered. It will not
be a qualified Mr Biggs. I wanna
make clear. I have not seen
[3:28:54]
anything on social media hardly
even do any social media old guy
and I didn't know that I've
[3:29:00]
found this myself on sunbiz
.org. And that's the reason why
it's a flag me because I was not
[3:29:08]
here. Those previous means some
kind of catching up to find out
who you are. I didn't even know
[3:29:12]
he stays the first time I've
ever seen you, Ron Small, the
seldom for legacy rise to work
[3:29:17]
hand in my office. And one of
Cabinet scholars. So my other ex
employee who want to start his
[3:29:22]
own business. Everybody knows
miss smoke. That's who John Cree
is on that company. I was going
[3:29:27]
to start it with him so we can
install cabinets. On the side.
That's what company Okay?
[3:30:01]
As to count one, the alleged
violation of a scheme beginning
code section 18 37. D 13. C two.
[3:30:09]
Is there a finding that Mr Banks
violated any provisions of
chapter 49 part one of the
[3:30:14]
Florida statutes? And turn the
motion. Yes. Huh? You made the
motion. But, you know, I said, I
[3:30:40]
would entertain a motion motion
for years. Motion made for Yes.
Is there a second? Second.
[3:30:50]
Mostly made and seconded any
discussion. Being done all those
in favor say Aye. Alright, like
[3:30:57]
sign. Being done. Motion is for
Yes. To count to account to the
alleged violation of ischemia
[3:31:08]
County Code section 18 37 D 13.
C two. Is there a finding that
Mr Banks violated any provisions
[3:31:15]
of chapter 49 part one of the
Florida statute? Entertain a
motion for yes. Motion for yes.
[3:31:31]
Motion. Yes, is their second
Motion made and seconded any
discussion. Being done all those
[3:31:40]
in favor say Aye, right opposed
like sign. Being none. Yes, sir
. The motion is for yes. Your
[3:31:49]
move into the penalty phase? Yes
sir. As to count one the
violation of code section 18 37
[3:31:55]
D 13 c two The penalty
guidelines for violating code
section 18 37 D 13. C two Um,
[3:32:05]
first violation is $502,000 fine
. Repeat violation is 1000 to
$5000 fine and suspension or
[3:32:11]
revocation. Yes Yes. This board
can take what amounts did
judicial notice that it is
[3:32:25]
previously found the respondent
guilty of 18 37 d 13 c two in
case 2020 repeat violations Yes
[3:32:37]
, and the two prior cases that
were heard today. This quirk and
Excuse me this board Can take
[3:32:42]
notice of that. Prior
violations. Okay so repeat
violations so you have 1000 to
[3:32:52]
$5000 fine. And suspension or
replication. Can we make it the
same time? Can we make it the
[3:33:05]
same thing? As the previous
cases. PS record of that. You're
Being P s case was a $1500 fine.
[3:33:19]
Previous with $1500. You wanna
make it 15? And suspension.
License. Right? That's it.
[3:33:45]
You're making. Any other. Motion
made and seconded $1500 fine.
All those in favor say Aye. No
[3:34:12]
opposed. Has had it $1500 fine
move from account to account to
the violation of code section 18
[3:34:23]
37 D 13 c two Uh, penalty
guidelines for violating code
section 18 37 D 13 c two first
[3:34:32]
violation of $502,000 fine
repeated violation 1000 to $5000
fine and suspension or
[3:34:37]
Revocation. To the same
violation. Different sport, a
statute referenced statue. You
[3:34:57]
have $1000. Second Second.
Motion made and seconded for
$1000 fine. In the discussion.
[3:35:17]
We've done all those in favor
say Aye. I oppose, like science.
None of motion passes for $1000
[3:35:25]
fine count, too. Responders
deadline to page 90 days. To
pay. Motion motion 90 days
[3:35:38]
motion 90 days to pay Second.
Ocean maiden safety. Somebody.
If you got him for the motion,
[3:35:50]
then I seconded. All those in
favor say Aye. By those like
sign. Motion passes for 90 days
[3:36:00]
to pay the penalty for
administration fees. Oh, yeah
Motion administration needs to
[3:36:05]
be added. Is there a 2nd 2nd?
Motion made and seconded any
further discussion being known
[3:36:13]
All those in favor say, Aye.
Opposed, like sign.
Administrative fees are added.
[3:36:21]
The penalty for failure to
comply. For them. Further back.
No play you two penalty apply.
[3:36:33]
Suspension. We have suspension.
For one year for one year for
one year. For failure to comply.
[3:36:44]
Pension for one year, but I used
to comply is their emotional
Suspension. Have emotions, but
[3:36:55]
this their second Second motion
made in the second. All those in
favor say Aye opposed, like
[3:37:04]
sign. Being done. The motion
passes suspension. One year
complaint and your
[3:37:14]
recommendation to the C i O B.
License. Um, Mr Lister, we
didn't. There is no restitution
[3:37:31]
. Well that's not the case. She
wants her to reimbursed. Kurt.
50% Yes, She's nodding her head.
[3:37:40]
Yes, from them. Yes, we need to
consider that. That. Baits
should restore 50% are for down
[3:37:52]
payment. That correct. Fit for
Cindy, your down payment. You
have that number. Proof of down
[3:38:06]
payment. There's her proof of
down payment payment. So 50% of
$24,125 to be paid within 90
[3:38:13]
days. And that was perfect
Contract. Correct? Yes. Is that
correct, ma'am. That was pretty
[3:38:21]
contract. Your contracts say
that you would be. Ms Hampson if
you can come up to the podium.
[3:38:36]
Is just what we agreed on. When
we canceled the contract. That
was your contract Price 24,000.
[3:38:45]
That's half of the contract
price. But you get you want 50%
back? Yes And he did agree to
[3:38:51]
pay that, but has not okay.
Everybody straight on that. This
is resting. This is to be paid
[3:39:02]
within the 90 days to. Is that
correct? Correct She's
requesting half of the down
[3:39:11]
payment amount. This is the
check for the down payment.
Okay? Over straight on that
[3:39:16]
motion. Half of $24,125. To be
given to her within 90 days. All
those in favor. Say Aye. Can we
[3:39:33]
hear from counsel on that about
that? I do not have a concern
with that at this point in time.
[3:39:42]
Believe there is confidence
substantial evidence to support
the rest of the eye. Closed.
[3:39:49]
Donald motion passes down
payment to be paid within 90
days. No further action to the
[3:39:55]
G. I. L B. To be clear. The
restitution amount is half of
that. Which is what I said was
[3:40:06]
half its $24,062.50. All right.
I'm ready for the last one. Yes,
sir. Mr Chairman, I was making
[3:40:21]
that notation on that problem.
The I don't is Matthew, thanks
doing business as Construction
[3:40:30]
LLC State registered license
number or R 28812. Contractor
Competency Board complaint
[3:40:39]
number 2 to 0 to 15 C O M. It's
in regards to Michael Couture.
Um homeowner complainant at 9951
[3:40:48]
Lindell Drive to Florida. If
you're going to provide
testimony on the case, if you
[3:40:54]
could please stand and be sworn
in. Alright. So again responded
, is the state registered
[3:41:11]
residential contractor having
been issued license number R R
282812001 in a skinny county,
[3:41:17]
Florida? Respondents address of
record is 10370 Pensacola
Boulevard. It's called Florida.
[3:41:26]
3 to 534 responded, is subject
to regulation by the board.
Michael Pandora hired the
[3:41:33]
respondent to repair his
residence located at 9951
Lindell Drive. Pensacola Florida
[3:41:40]
3 to 5 to six homeowner executed
the residential construction
contract on December 23rd 2020.
[3:41:47]
For a total repair price of
$26,400. On the point day
December 24th 2020 homeowner
[3:41:54]
paint to the respondent an
initial payment of $13,200
contract provided a start date
[3:42:01]
of June 21st 2021 Respondent
obtained a permit on September
14th 2021. After several delays
[3:42:09]
and no completed project
homeowner filed a complaint
against respondent with the
[3:42:13]
board. Notice of the probable
cause hearing was sent to the
respondent at his address of
[3:42:18]
record via certified mail with
return receipt requested.
Respondent attended the problem
[3:42:23]
cause hearing on March 2nd 2022.
At the probable cause hearing,
the board heard testimony from
[3:42:29]
Escambia County Building
Services Department staff, the
homeowner and the respondent.
[3:42:34]
The board also considered
documentary evidence pertinent
to the issues. The testimony and
[3:42:39]
evidence showed that the
homeowner hired the respondent
to repair hurricane damage to
[3:42:43]
his home. The homeowner provided
a down payment to the respondent
on December 24th 2020. The
[3:42:49]
respondent obtained permitting
for the project on September
20th September 14th 2021 Sorry.
[3:42:57]
There were continual delays in
the project commenced more than
nine months after the homeowner
[3:43:01]
made the initial down payment.
The project remains incomplete
and no final inspection has
[3:43:06]
incurred. The board determined
that there was probable cause to
believe that the respondent
[3:43:11]
violated Florida statutes for 89
1 26 to 8. And for 91 26 to 8 to. Petitioner Really, Uh, sorry.
Escambia County Code section 18
[3:43:26]
37 d 13 c two provides that a
code violation results from
violation of any provisions of
[3:43:33]
Chapter 4 89 part one Florida
statutes as amended. Florida
statute. 49 1 26 to a one
[3:43:40]
provides that a contractor who
receives as initial payment
money totaling more Than 10% of
[3:43:46]
the contract price for repair,
restoration improvement or
construction to residential real
[3:43:52]
property must apply for permits
necessary to do work within 30.
Days of the date payment is
[3:43:59]
made. Respondent violated
Florida Statute 49 1 26 to a one
by applying for appropriate
[3:44:07]
permitting 264 days after
receiving the initial payment
from the homeowner. Accordingly
[3:44:13]
Respondent violating Scampi
County Code section 18 37 D 13.
C two by violating Florida
[3:44:20]
statute for 89 1 26 to a one A
skinny county code section 18 37
d 13 c two provides that a code
[3:44:28]
violation results from violation
of any provisions of Chapter 49
part one Florida statutes as
[3:44:34]
amended. Florida statute 49 1 26
to 82 provides a contractor who
receives as initial payment
[3:44:42]
money totaling more than 10% of
the contract prize for repair.
Restoration improvement or
[3:44:48]
construction. Residential real
property must start the work
within 90 days after the date
[3:44:54]
all necessary permits for work,
if any, are issues. Respondent
violated Florida statute 49 1 26
[3:45:02]
to 82 by failing to convince
work on the project within 90
days after the issuance of the
[3:45:07]
required permits. Accordingly
responded violated Escambia
County Code section 18 37. D 13
[3:45:13]
. C two by violating Florida
State 49 1 26 to a two. Mr
Culture. If you have something
[3:45:35]
else you would like to add. I
have a point of clarification.
Our contract start date in the
[3:45:41]
paperwork is listed as June 21st
. It actually was April 1st of
2021. You get that? And then if
[3:45:51]
I may I just have a quick thing
to add. I would like to echo
what Miss Hambleton said. Um And
[3:45:59]
I didn't want this either. I was
hopeful that when we came here
today, my job would be completed
[3:46:04]
and I would ask you to go easy
on this guy. But that's not the
case. Um by allowing him to
[3:46:09]
continue to take contracts. He's
taking money from people and
he's not doing what he needs to
[3:46:14]
be doing. Mhm. That's an ethical
it's wrong. You can make a
recommendation to the clb. That
[3:46:25]
he had his license either
suspended revoked as strongly
urge you to do that. Really?
[3:46:45]
Yes, Mr Chairman doing that it
was there. Any request for
restitution involved in this one
[3:46:51]
as well or No restitution. Okay?
Mr Chairman, if I could just
clarify for record purposes that
[3:47:04]
respondent has the opportunity
to board on this case and has
denied. For the record, he's
[3:47:13]
nodding his head. Yes. Thank
you, John. All right, sir. As to
count one, the alleged violation
[3:47:23]
of skinny county code section 18
37 d 13. C two. Is there a
finding that Mr Bank violated
[3:47:29]
any provisions of chapter 4 89
part Florida statute? Potato
motion of yes. Motion for yes.
[3:47:42]
Motion made and seconded any
discussion. No discussion. All
those in favor say Aye opposed,
[3:47:51]
like sign. Motion approved is
yes. As to count two the alleged
violation of a skinny county
[3:48:01]
code section 8 37 d 13. C two.
Is there a finding that Mr Banks
violated again? Any provisions
[3:48:08]
Chapter 49, part one Florida
statutes. Mostly made of Yes,
sir. Second Second motion made
[3:48:17]
and seconded. All those in favor
say Aye, alright, opposed, like
sign being none. The motion is
[3:48:26]
approved of yes. Moved Berries.
As to count one. The violation
of code section 18 37 D 13. C
[3:48:36]
two Penalty guidelines first
violation. $500,000 Fine, repeat
violation 1000 to $5000 fine and
[3:48:44]
suspension or revocation.
[3:49:02]
Doing fine. Is this a repeat
violation to repeat violation.
What was our last finding? I
[3:49:21]
think we did 1500 on the less
than the last.
Yourself. 1500 last one. I think
[3:49:38]
we'll do more than this. Suggest
3000. Honest 2500. To make that
emotion. 0.500. And its
[3:50:00]
suspension replication. Motion
in a second. All those in favor
say Aye. Opposed. I know. One
[3:50:18]
opposed. There's going to be
suspension. We've got him
already for suspension and
[3:50:27]
suspension, probation. We don't
have any suspension. We have
suspension is a penalty. If you
[3:50:33]
don't pay. The fees you gotta do
is pay the fee and this saga
continues. We can't handle it
[3:50:39]
with a recommendation to the
clb. Okay. Thank you, sir. So
the motion on floor is for
[3:50:47]
$2500.05. All those in favor say
Aye. Opposed. Big notes. Motions
approved for 2500 and five count
[3:50:59]
12 count to the violation of
code section 18 37 D 13. C two
The penalty guidelines are for
[3:51:08]
first violation. $502,000 Fine,
repeat violation 1000 to $5000
fine and suspension or
[3:51:14]
revocation. I suggested $2500 on
this. Most inmates for $2500.
Your second. Second might
[3:51:33]
dissected. In a discussion.
Being done all those in favor
say Aye. I opposed, like sign.
[3:51:44]
Being none. The motion for $2500
fine is approved. To entertain a
motion must be paid within 90
[3:51:53]
days. Motion for 90 days, not.
Second motion made put 90 days
if not paid suspension for one
[3:52:11]
year. Okay? Most invading
seconded all those in favor say
Aye. I like science. Being not
[3:52:23]
the motion for 90 days, and it's
not paid to suspension for one
year. Prove Staff would
[3:52:29]
administrative costs to be
reimbursed. Okay Amazing. Sacred
for administrative cost second
[3:52:39]
consecutive All those in favor
say aye time. No motion for
administration cost it cost to
[3:52:49]
be added. Is approved. And now
your recommendation to the C i.
A L B is a recommendation of
[3:52:59]
revocation of license. Motion or
second. Did you make a motion?
Mr Was that true emotions you
[3:53:14]
do? I will make a motion. To the
recommendation to the C i. L B
is revocation. Or suspension.
[3:53:26]
Well, it's either one or the
other. It's not both. I think
you can make a recommendation.
[3:53:42]
For To consider one or the
other. You can't. That's this.
I'm saying you can't do
[3:53:47]
suspension or revocation. You
can do suspension replication,
but okay. I thought it was a
[3:53:54]
recommendation. They have to
make the decision. So just for
clarification. Your
[3:54:00]
recommendation for the C C i l B
is advised on how you feel they
should take action can be for
[3:54:06]
either or not both. That's what
I'm saying. You can't do both.
You do one or the other of them.
[3:54:13]
So Let's make a recommendation.
Two or we can have them issue a
fine Or a combination thereof.
[3:54:32]
There's all detailed so I would
recommend the suspension was
chair, okay recommendation of
[3:54:38]
the suspension for how long?
Minimum one year, Okay
recommendations for suspension.
[3:54:46]
For one year. Flex. Discussion.
Go ahead. And we want to suspend
them and not don't know how many
[3:54:59]
projects he's got going on.
We're gonna leave people
hanging. Oh, he's made a lot of
[3:55:02]
mistakes. But he suspended he
can't operate. So if the state
where to take the action of
[3:55:15]
suspension against his license,
his registration Ultimately that
suspends any. Jurisdiction of
[3:55:22]
where he has that license held
at so, uh, it definitely would
be a skinny counting. I know
[3:55:29]
that he works in the city, as
evidenced by cases. Other
jurisdictions. We've just given
[3:55:34]
him 90 days. Before we were
gonna suspend his license and
never going to give the
[3:55:41]
recommendation to the state that
they immediately suspend his
license. It doesn't make sense.
[3:55:45]
We were going to do that. We
should have done that already.
That's my personal look. That's
[3:55:49]
my personal belief about that.
Matt, can you have any kind of.
Structure of that. Here's here's
[3:55:57]
something else. Councilor says
restriction of registration
Happy. Can we restrict his
[3:56:07]
Registration. Two for two staff
on that they're more lb.
Restriction of registration
[3:56:19]
would be that you could require
Mr Banks to do more continuing
education. Not be able to pull
[3:56:27]
permits within a specific
jurisdiction. Um uh,
probationary period time. That
[3:56:34]
would be what you would say to
the C, i l b Hey. This is what
we want. Okay within his
[3:56:41]
restriction of his registration
discussion phrase. Registration
of restriction of registration.
[3:56:47]
We could say he's not permitted
to pull any new permits. I agree
. John completed that idea. Job
[3:57:00]
You restrict him for pulling any
new permits. Until either
committed completed the ones
[3:57:08]
that are We could ask them to do
that. I would need to confirm
with the C I O b that that that
[3:57:18]
is part of that restriction Me
and the building official Tim
Tolbert. We're just talking and,
[3:57:21]
um We? He feels that it might be
just a restriction of where he
could register that license, Mr
[3:57:29]
Chairman. DBP are doesn't. They
have no say whether permit can
be issued or not. It depends on
[3:57:37]
the jurisdiction. I believe that
Those restrictions would be on
his registration with the state.
[3:57:45]
It could be, it would not happen
bearing gear. It would. It
would. It would have a bearing
[3:57:51]
and The entire state. But I
don't know that that dbp are can
tell a local jurisdiction
[3:57:59]
whether they can issue a permit.
Or not, it would be something
like there's a restriction on
[3:58:05]
his registration with the state
. In other words, local license
has to be registered with the
[3:58:11]
state. No they could act on that
registration that they hold. But
I don't believe that the state
[3:58:18]
could Um. Enforce anything on
permit regulations because
that's all local brings up there
[3:58:28]
they can We Restrictive county
this point in time. Border.
You've already. I guess my
[3:58:39]
question What is the What? What
do you do in terms of
restricting him restrict him
[3:58:47]
from opening any new permits
until all his permits are
Inspected, satisfied. I don't
[3:58:54]
Seeing an issue with that. It
would be akin to Are you saying
it would be akin to What this
[3:59:03]
board can do to a state
certified, understand back
talking about the state
[3:59:07]
certified. Is that the type of
and that's the question is that
the type of remedy you were
[3:59:13]
seeking in the penalty. Yeah
Essentially suspension of
privileges going forward
[3:59:17]
Question right now. Yes And this
board restrict him pulling any
new permits until others are set
[3:59:25]
to all other outstanding permits
or satisfied. I don't see an
issue with that, logistically,
[3:59:31]
it might be a little difficult.
When you're saying until they're
satisfied. Don't see an issue
[3:59:40]
with you putting a timeframe on
Suspension of preventing
privileges. I mean, we can do
[3:59:47]
that if the board and we do
that. Yeah, we can. You know if
the board uh Asked us to do
[3:59:52]
that. Absolutely. Okay? Who
details entertain a motion
details that my question for us
[4:00:00]
John is then who details The
satisfaction effort. Because
that can be according to the
[4:00:07]
customer. That could be I mean,
we need a detail that in in in
this this room right now and
[4:00:11]
say, well, If he's the
satisfaction is completed
permit, then that's that would
[4:00:16]
be Will be would decide here.
Satisfaction is a customer that
fits satisfied. I mean, How do
[4:00:25]
you How do you do You close a
permit inspection, Right? Would
be CEO. Can we make this
[4:00:32]
statement that he can pull? No.
Future or new permits until all
permits are closed and properly
[4:00:40]
inspected. Concerned with that.
Sorry I do not have a legal
concerns. Does that satisfy you?
[4:00:52]
We could do that, if directed by
the board. Sure. And maybe, uh,
The license holder would apply
[4:01:01]
for Reinstatement of permitting
privileges after that to the
board. Think you ought to put a
[4:01:11]
time frame. No more new permits
for one year. But if you say
complete them all the man still
[4:01:20]
has a business and employees and
he's just got this one job is
trying to finish. It doesn't
[4:01:25]
have a future. Make that into
motion. No. News permits for a
period of one year. Today. Oh
[4:01:36]
pretty much must be closed
properly, and it's spect ID.
Absolutely outstanding permits
[4:01:41]
must be closed properly and
inspected and he must That seat.
Statement of his permitting
[4:01:50]
privileges before this goes back
to the initial thing he's got to
have all done. He's gonna You
[4:01:57]
won't have employees. Continue
to work. For how you do it will
make the results, saying just
[4:02:05]
suspend them no more new permits
for one year. So he's still you
don't have to fit in one year.
[4:02:13]
You get a inspection every six
months that job. In some, maybe
it shouldn't be here to do it.
[4:02:23]
But right now it takes a long
time to get trust is one case no
new permits for one year. Hello.
[4:02:32]
Just no new permits. But one
year Let him. Mhm. I'm good with
that. There's a. The three or
[4:02:47]
four months to clean up what I
got, and then do that problem.
And we worked. It doesn't matter
[4:02:53]
about the problem. Now you're
gonna do what you do, but I'm
saying that's what time I Lot of
[4:02:59]
I am good with organizing and
have finishing, and I do have to
do this. Or pull this or get
[4:03:04]
this being detailed or do this.
If you do that, now, you might
as well take my license. Because
[4:03:10]
if you say Hey, Mr Banks in six
months. You can't pull permits
for a year. I'm good. But I need
[4:03:18]
time to clean this mess up just
So are you saying you have
customers Now that you've taken
[4:03:25]
money and you haven't pulled
their permits? Yeah Projects as
well done on yes projects that
[4:03:29]
are willing Then add. Or I
haven't pulled a permit or they
want to take the ball out of
[4:03:38]
condition on doing this
modification. 30 40 of them. Let
me ask you question. Why is it
[4:03:46]
that it take you so long to go
and pull these permits that get
the money? Plans Engineering
[4:03:52]
design can't get in. Unless it's
something I don't need plans. I
can't get them that well, You
[4:04:00]
may not need to be taking the
money. How do you How do you
know? I'm sorry. Can we? Can we
[4:04:08]
come on the second man? Hold on
a second, man. Hold on, just a
second man. Can we not? We
[4:04:13]
refrained from any other
comments from the from The
public for just just let him
[4:04:20]
okay. Longer agreement. We sit
down and have a conscience.
Contract states reform the work
[4:04:29]
and it is so come on contract
states. So every every complaint
that contract 2.2. You'll have a
[4:04:35]
copy of it nonrefundable and
they sign it. And I give them a
start date. Six months out there
[4:04:42]
. Good with it. I start design
phase of that contract if I
don't get designer engineering
[4:04:46]
Trolls tells me to hit the road
and the city looks at me crazy
if I just submit a form,
[4:04:52]
understand your business
practice there, But there is the
code. You can't take that money
[4:04:58]
and not full of permit. That's
that's where this disconnect is
happening with code could care
[4:05:04]
less than you got plans. I'm not
arguing. I'm just saying, if I
had some time to do that, Mr
[4:05:09]
Bates, can I ask you a question?
How do you know how much to
charge? But if you don't have
[4:05:14]
planted specs that's like Yeah,
if, if you know if I don't even
know if I don't have a plan,
[4:05:20]
inspect for what I'm doing. I
can't give you a price. So we
have a scope of work. So you do
[4:05:25]
a set of plans for You know a
bathroom? You do a full set of
plans for bathroom. You. Don't
[4:05:31]
you do it off a scope of work,
Can you? You said you have to
get plans after the fact. How do
[4:05:36]
you do Do it based off a scope
of work based off everything
they were telling me and in my
[4:05:41]
contract, it says, if anything
is added, or differential rates
by the engineer Those prices
[4:05:46]
could change in the contract.
Literally word for word that
that shouldn't prevent you from
[4:05:50]
getting a permit. But when I
pulled go to poor permit if I
don't have a plot, planned
[4:05:57]
protest engineer plans within 30
days. It doesnt Charles. Don't
take that. He tells me hit the
[4:06:02]
road. So you don't take that. So
what we've been doing is
literally right in the
[4:06:06]
customer's name, putting
building the house and
submitting it. That's what I've
[4:06:09]
been doing since this last
meeting to show that I pulled my
permit in 30 days. I don't know
[4:06:14]
what else to do, Mr. Chairman
Let me clarify some things that
permit application is good for
[4:06:21]
six months and after a permit is
pulled within that six months.
Then we start another six months
[4:06:27]
for any action on the permit.
We're talking application
talking application. You're not
[4:06:31]
even applying for the permits.
Well, I'm saying if you submit
that permit on the portal or you
[4:06:39]
come out here to make the
Charles and you don't have a
plot plan, we all know what he's
[4:06:44]
gonna do. I'm not. I'm just
saying he's gonna say no. No
plot plan, no engineering. Come
[4:06:48]
back, Stephen. When you got it,
That's what he's going to say.
That's what happens. Same thing
[4:06:52]
at the city. I'm not telling you
something You don't know. You
all know that. You ain't got
[4:06:57]
engineering drawings. Lachlan
tells you how you got him for
two months. Well, Mr Charles
[4:07:00]
Laughlin ain't got him What you
want to I mean, I'm not saying
I'm right, I'm saying Tell me
[4:07:05]
how to fix it. Yeah, don't don't
take the money and take the
money plays for the engineering
[4:07:10]
the plan. The plan has been I
think you need to see the
attorney honestly about how to
[4:07:16]
write your contract, right? I
got it. Just an attorney from
somebody who can, you know? I've
[4:07:21]
lost tons of money, Mr Banks, I
have I And anybody is in
business, don't you? You're
[4:07:27]
gonna lose some money along the
way because of learning. And if
you find a way that you can have
[4:07:34]
an owner give you a small small
deposit that covers The
engineering plans, etcetera,
[4:07:41]
very mental just to cover that
covers you because you're pretty
exposed. It appears I knew this
[4:07:47]
but I mean, there's a lot that's
going against you here, baby. I
understand. I have no offense to
[4:07:55]
you. I hate to see this. Trust
me. I hate to see this. I want
you to hear me Say that man. I'm
[4:08:03]
serious. I'm not no robot up
here. These are human people at
the same time. This can't keep
[4:08:09]
going, bro. But you're you're
gonna what I'm saying. A bunch
of families and your family.
[4:08:14]
What you're not seeing is
resolving these at times, over
and over. I've got 2030 of them.
[4:08:19]
I could stand here in a row. And
tell you every single of their
stories and we're finishing jobs
[4:08:25]
. We're not just sitting on her
hands the jobs that I that I
continue to put on it. There's
[4:08:30]
an off doable. There's a real
people they're getting done
right now. So and I'm and I'm
[4:08:33]
getting to you and I'm getting
to them. But if you tie my hands
what am I gonna do? Understand
[4:08:38]
that, But if we don't tie your
hands, how many more people is
going to be in this? Like I
[4:08:43]
said, Regards the decision You
made. I'm a skill cabinet man.
I'm going to go to work. And if
[4:08:48]
I got to work to pay these
people back without a license is
what's going to happen. Question
[4:08:53]
for the attorney. Could we say,
Give him Three months and after
that suspended because he's got
[4:09:01]
all these other people That he
may do right by That's out
there. Otherwise he can't. Do
[4:09:09]
the job and he's taking money
and the people are counting on
them to do their job. They
[4:09:14]
hadn't hired anybody else, Mr
Waters. I have no concerns with
that. Especially given Mr Banks
[4:09:20]
is I have no concerns with that
. Especially given Mr Banks's
request for that delay. I'm
[4:09:30]
making a motion that we give us
the banks three months. And
after that, that and that's for
[4:09:38]
him to get these permits and all
of this stuff for the new
clients that he has, and after
[4:09:43]
that didn't suspend his license
overall permitting privileges.
For one year scam. The
[4:09:49]
accounting I don't know that we
can do anything with the city of
Pensacola. But The skin
[4:09:56]
accounting. I'm just saying, I'm
on the job that I had a
permanent on Open it up, and
[4:10:02]
it's load bearing. I mean,
engineering permit. What? What?
What do I do? The job of
[4:10:07]
exposing It's sitting on load.
What do you want me to do? Come
down here and show it And then
[4:10:15]
one of y'all get what What am I
going? Her case basis. Colbert.
Well I'm I'm assuming a permits
[4:10:27]
pulled already if you're opening
it up, and that's just a
revision. That would also
[4:10:38]
dovetail. I'm with her growing
on this. That would also
dovetail into that 90 days, but
[4:10:43]
he's got all this time he needs
to pay. All these fines. I would
second that motion. We're we are
[4:10:54]
all human. Mr Lister's correct.
We're all here. And, um I
believe this board has showed
[4:11:00]
Matt Mr Banks. And even Mr
Lacoste in previous Decisions
that we can be lenient at the
[4:11:09]
same time showing force And
requirements. Would you agree?
If we had it that they have to
[4:11:18]
eat have to come to you. If he
runs into a problem. Oh,
absolutely Sure. Nowhere to give
[4:11:24]
him the 90 days. If he finds out
he has to do it. He has to come
talk to the building. Official.
[4:11:30]
To get approval. In your motion
that way. Okay motion for giving
us the banks 90. Days to pull
[4:11:38]
these other permits. And if he
has any defeat Uh, has any
issues on existing That's beyond
[4:11:47]
that. Then they see Mr Talbert.
And after the 90 days is
license. Ability to pull permits
[4:11:55]
and a scam you counted will be
suspended for one year. Yeah.
Motion made and secretary
[4:12:01]
discussion. Being done All those
in favor say Aye. Alright,
opposed like son. Motion passes.
[4:12:14]
And your recommendation to the C
I. A L B is Mhm. It was Done,
okay? If we've done all this
[4:12:25]
other We're giving them the
report that what they wanted to
do, but we don't have any
[4:12:31]
specific recommendation this
year. Mr Mr Lister, are you okay
with that? Yes. We do need a
[4:12:38]
motion on that because emotion
was never made. A motion was
never made for no further action
[4:12:43]
on that. Okay Motion no further
no further action to CLP. All
those in favor say Aye. Posed
[4:12:49]
did not Motion presents. Okay so
we're circling back to public
forum. I do have a public forum.
[4:12:59]
I do have some speaker request
forms. I'm just gonna start
which with the one that was on
[4:13:04]
top. Johnny Harris, Johnny
Harris. Mr Chairman, as I'm
feeling a little under the
[4:13:12]
water, Never mind. Okay. Thank
you. I'm feeling a little under
the weather. Do you have any
[4:13:18]
objection you go for today?
What? What we're doing now
doesn't have anything to do with
[4:13:23]
you. If you'd like to address
the board, you can more than
happy to address the board and
[4:13:36]
you I didn't. Charles spat. I
think it says Patch. They left,
Okay. S P A. T. C. H. Jennifer
[4:13:52]
Anderson. Jennifer Anderson,
Okay? If you can just come to
the podium, state your name and
[4:14:01]
address, please. Thank you. Low.
My name is Jennifer Anderson. My
address is 3036 Coral Strip
[4:14:11]
Parkway Gulf Breeze. I realize
I'm not a resident of your
county, but I think Um I
[4:14:19]
appreciate the opportunity to
speak to you All I know it's
been a long morning. I think you
[4:14:25]
have an important job. That's
what I realized here today. You
have a really important job, and
[4:14:30]
I just want to speak to a few
things that Mr Banks said about
his contract. He does have a
[4:14:35]
contract that's true. We did
sign a contract, but we refused
to sign it with this non
[4:14:40]
refundable clause in there, and
on February 2nd of 2021 16
months ago. We gave Mr Banks
[4:14:48]
$40,000. $40,000 that I worked
for a year to earn. And he has
done no work. Zero work at my
[4:14:59]
home at all. And 16 months. That
16 months tomorrow. Um like many
others you've heard from and you
[4:15:08]
will continue to hear from. We
weren't notified of a recovery
fund permits weren't applied for
[4:15:12]
all that fun stuff. Like many
others that you've heard from
and you will continue to hurt
[4:15:18]
here from work did not start on
our start date that was within
our contract of make 20 may 17th
[4:15:23]
2021. And we had to reach out
seven different times for seven
different start dates that came
[4:15:30]
and went with no communication
whatsoever. Seven different
times. None of those seven times
[4:15:36]
had any notice of commencement
filed. Don't know what that says
to you, but it says to me, I
[4:15:41]
wasn't really planning on doing
any work. So unlike most of the
others I've heard here or know
[4:15:47]
of, and there are a lot of
people will eventually find each
other. And we have we found 60
[4:15:51]
strong at this point. Um. We
declined to enter that contract
, and Mr Banks agreed to remove
[4:16:01]
it and then our contract. It's
crossed out. He initialed it and
said, Now we won't make your
[4:16:07]
your refund. Uh Nonrefundable
your deposit nonrefundable. So
in September 15th of 2021 7.5
[4:16:14]
months or 224 days After our
initial deposit, we requested to
cancel our job. One reason was
[4:16:21]
our apartment was 134 days after
our initial Deposit, so $40,000
gone. Um after being told that
[4:16:30]
our deposit was nonrefundable
based on his contract, we
reminded him and sent him a copy
[4:16:34]
of the contract. And then we
were emailed this breakdown on
our project by bank C. 00 at the
[4:16:41]
time Jacob North 3700. I'm going
to round up or down here. Thirty
seven hundred nine return items
[4:16:48]
on a framing package. 2800 and
30% restock be on this framing
package. Permit the. $3700 of
[4:17:00]
admin fees. $23,700. Expected
profit on a job you did nothing
on they were going to retain.
[4:17:10]
This thing writing communication
to act all of this up. This
would leave this part of the
[4:17:15]
communication, a difference of
5700 and $85.32. And we can
refund that to you in 90 days.
[4:17:23]
So my $40,000 deposit they were
willing to refund less than 6000
for work. They never actually
[4:17:28]
started. No materials ever
received. And retain that
profit. So their admin fees.
[4:17:37]
We'll get to that in a minute.
Let's start with the materials.
When I asked for our materials I
[4:17:41]
said, Well, you you took my
money. You're telling me about a
framing package? That's mine,
[4:17:46]
right? Ah they said, you'll have
to talk to her attorney. I said,
we'll go pick it up. You don't
[4:17:53]
have to deliver it. Where is it?
You have to talk to our attorney
again. I have communications for
[4:17:58]
all of this. Those non
refundable items should be mine.
So After I asked who their
[4:18:04]
attorney was two times and was
ignored. I started calling
around. I found my framing
[4:18:09]
package. Pittman Lumber. Ken
Pittman Lumber told me Yes, it
has been scheduled for delivery
[4:18:15]
. That's one of those, Um sorry.
Three of those seven dates. Yes,
It's been scheduled for delivery
[4:18:21]
three times, but we can't
deliver something that hasn't
been paid for. And you can't
[4:18:25]
pick it up because it hasn't
been paid for. So I said,
Interesting. Um So it's been
[4:18:32]
now. 7.5 months later, he's
attempting to keep our money
through expensing these
[4:18:40]
materials that he won't deliver
to me and I can't go get Because
they're not paid for on the
[4:18:45]
admin fees. There was no
breakdown provided for that
number of 3700 roughly, but this
[4:18:50]
amounts to 147 hours are over
3.5 weeks at $25 per hour. Ah! I
don't know what that is because
[4:18:59]
most of the communication was
initiated by me. So um, given
the loss of $40,000 I felt
[4:19:07]
forced to renegotiate with With
Mr Banks. I went back to him and
said, Mr Banks instead of an
[4:19:15]
addition on our kitchen, how
about you just remodeled the 10
by 10 100 Square feet. That's
[4:19:22]
there. Would you put some
cabinets and countertops? And a
backsplash. And we'll call it
[4:19:28]
even. That's $400, a square
foot. Right highway robbery. But
I said all I wanted is this
[4:19:36]
kitchen. So we were willing to
do it. We renegotiated our
contract. With an amended
[4:19:45]
exhibit A that said demolition
and construction were two
installation. Forgive me.
[4:19:49]
Demolition Demolition
installation was to commence on
12 6 did not Six more start
[4:19:55]
dates with no notice of
commencement. For a total of 13
different start dates. I started
[4:20:03]
reaching out and in February and
said, Where are my cabinets?
It's just cabinets. He professed
[4:20:10]
himself as a cabinet guy. He
just said I started another L L
C. As a cabinet guy. However let
[4:20:17]
me tell you those are both
listed as construction
companies. They're not listed as
[4:20:21]
cabinetry companies. So. Where
are my cabinets? On February
2nd. We were told our cabinets
[4:20:28]
were 3.5 to 4 weeks out. After
waiting four weeks on March the
eighth I reached out And we were
[4:20:35]
told, our cabinets were 4 to 6.
Weeks out, and demo could start
in five weeks on 4, 12 and work
[4:20:41]
would be complete by 5 15. We
made the decision at this point
, and it was a strategic
[4:20:46]
decision on our part to send to
the man letter. Because of the
time Um and we demanded that
[4:20:52]
works start in 30 days. And
complete within 90 days or you
refund our money. To date. None
[4:20:57]
of that has happened. None of
it. Nothing has happened. No
cabinets, though he promised to
[4:21:05]
have them delivered by May 6th
and I said, You're not Demoing
my kitchen. I think we can all
[4:21:11]
appreciate why wouldn't allow
him to demo My house. And anyway
until I had all the materials
[4:21:15]
there, but I have not no
materials. So I asked for
another accounting of our
[4:21:21]
expenses. This is what I got
this Administrative fees, 14
hours and $25 per hour. 3 50
[4:21:27]
permit fees again. Same same fee
design fee 15 hours at $100 per
hour, 1500. I think I'm going to
[4:21:36]
retire as an executive at Navy,
federal and go into designing my
cabinets were $10,550.75 so. On
[4:21:45]
all of this and banks process in
general, and most of the
complaints I've seen and heard
[4:21:51]
here and there are a lot more
that haven't come come forth
yet, um, who had been promised
[4:21:56]
these refunds? You're not
getting these refunds. Um. We're
paying premium deposits to the
[4:22:03]
sky premium more than 50% of the
total cost of my job. My total
cost 79,000 gave him $40,000.
[4:22:12]
And when I say my heart own
money, I mean mine. We're doing
most of the management of these
[4:22:20]
ourselves. People are picking up
their own materials. People are
having their own tools used.
[4:22:25]
You're going to hear from those
people. He's not stopping. He's
going and collecting more money
[4:22:30]
. You're going to hear from
people who have called them and
they said I can start in a
[4:22:35]
month. I just need to run by and
pick up a check starting a
month. So I don't believe he's
[4:22:40]
behind. Um Why is he telling
people he can start in a month?
If he's so far behind? I'm 16
[4:22:48]
months, no work, So I think this
is an M o. But that's my
opinion. I'll keep that to
[4:22:53]
myself. But there's enough
people that are coming forward
now, Um you know where he's
[4:22:58]
saying. I can get these things
done, but he can't. He's not
started mine and 16 months, Nor
[4:23:05]
has he responded to our other to
demand letters, which were for a
refund. Um and that that 30 day
[4:23:11]
period expired. Uh may 25th so
with no response from banks,
though, he signed for the demand
[4:23:18]
letters himself. Um he's you
know, he's violated the state's
statute. You've heard it here.
[4:23:25]
Um and he's reached out not at
all to offer me any kind of
refund. Um so. You know when
[4:23:36]
people ask you, um to revoke his
license. I don't think that
they're thinking about
[4:23:43]
themselves or these refunds
they're thinking about. Whose
money is going to pay these
[4:23:46]
fines. Whose money is going to
pay these people back. It's just
the next guy or the next gal who
[4:23:53]
gives him the money. And I'll
just say this to his point of.
He's trying to do the right
[4:24:00]
thing. You don't do the right
thing when you're forced to do
the right thing. When it's on
[4:24:06]
you. You pick up the phone and
you call your customers and you
talk to them about supply Change
[4:24:10]
channel supply chain challenges
and, you know, lack of subs.
None of that ever happen. None
[4:24:15]
of that ever happened from
banks. Um. So I want to tell you
that this these two new LLCs
[4:24:24]
three T was filed April 11th
2020 to 40 was filed May 2nd 22
I said that these are both
[4:24:32]
construction companies. Both are
Fully registered as as
construction companies. Um and I
[4:24:38]
and I want to say that, um That
there is another individual
listed on the application for
[4:24:44]
these LLCs, Um This individual.
I think we'll double the amount
of people who have come before
[4:24:55]
you. And I think it's on on you
all to investigate who that
individual is. That's all I
[4:25:00]
have. Thank you for your time.
Thank you. Jennifer Grant. I am
Grant G R A. N T. You got three
[4:25:20]
minutes on the screen. Can you
please state your name and
address for the Russian For
[4:25:25]
Grant? My address is 60 65,
Huntington's Creek Circle.
Pensacola, Florida 3 to 5 to
[4:25:30]
six. Um I met I brought her home
to move my elderly widowed
mother in with me to renovate
[4:25:37]
the mother in law, sweetheart,
contact them at banks and hired
him on January 27th 2022. He was
[4:25:44]
to add this mother in law suite
to my home for $106,550. I gave
him $53,275 on January 27th
[4:25:51]
2022. And have not heard from
him since. There's been no
permits. There has been no
[4:25:59]
drawings. There has been no
return phone calls. No return
emails, Nothing. My husband and
[4:26:05]
I are out 53,275. That's a year
salary for a lot of people in
the scam, be accounting. So my
[4:26:14]
thing to you is if you let him
continue, there's going to be a
lot of other hurting families
[4:26:20]
and Escambia County who looked
to you To keep people like this
from scamming us. We are
[4:26:26]
hardworking individuals, and
this money was not just given to
him as a gift. I've asked for a
[4:26:31]
refund. He doesn't have it. He
just sold his house. He's going
to file for bankruptcy. Y'all
[4:26:39]
don't I don't understand why
this is being allowed to happen.
He is liquidating all of his
[4:26:44]
assets, and he will leave town.
He's not only in trouble here.
He's in trouble in Alabama,
[4:26:49]
also. So this is not right. I
have Children, too. He wants to
stand and profess. He's got
[4:26:55]
Children to raise and he just
said in front of your three
different times. He will work
[4:27:00]
without a license. He doesn't
care what happens. Three times,
He said that here today. What
[4:27:06]
happens who protects us citizens
who who comes in and says we
will protect you from someone
[4:27:12]
that's willing to say I work
without a license and just keep
taking money. Who Who does that
[4:27:17]
for us? I mean, this board can
only working with the ordinances
, statutes that are presented to
[4:27:25]
us and that's what we do. Okay
And we have given him his hit A.
If you add up all his fines. I
[4:27:32]
think there's some very
substantial fines and he's got
90 days to pay it. Pay for it
[4:27:37]
out of my doesn't Then he comes
back before us and then we can
do something about it. But out
[4:27:43]
of my 3000. He claims he doesn't
have any more. That I gave him
back in January. So I mean,
[4:27:48]
where did my money go? You know
, he spent not one penny of my
money on anything for me. I can
[4:27:58]
do is revoked his license for
opinion from doing anything, and
that's all we can do. We can't
[4:28:04]
send them to jail. Yeah. I'm
sorry. I've said it's not our
job. I mean, that's not our job.
[4:28:15]
Why does Phillip this board
continues to allow him to be a
contractor and Escambia County?
[4:28:20]
You will have been felt you
would have failed this whole
room days. His license will be
[4:28:26]
suspended from pulling permits
here in 90 days. That's right.
He cannot pull another permit.
[4:28:32]
But the other thing is, he's got
people. That he you know, he's
working on other jobs that need
[4:28:40]
to be completed. If we would
have suspended his license,
right, then everything stops.
[4:28:44]
Well we but we don't know that
we don't. We can't Hey, Hey,
hey, hey. We're going to keep
[4:28:55]
the decor. Um okay. I understand
you all are hurt. Okay? Miss
Laurie Jones. My name is Laurie
[4:29:09]
Jones. My dresses 409. Bremen
Avenue, Pensacola, Florida and I
come before you today because I
[4:29:15]
have not filed my complaint with
this board yet. But I will be
filing a complaint. Suggestion
[4:29:22]
to you is do it now. I will
complain today and what I have
to say here is that my husband
[4:29:28]
who was 65 years old And black.
And I. A woman were taken by
Matt Banks for $21,175 was going
[4:29:40]
to do our job for twice that on
the kitchen remodel. He only
stepped foot inside my house.
[4:29:45]
The one time there's been about
five project managers and
somebody sent a letter to us
[4:29:50]
telling us they cannot refund my
money or cancel the contract
because it would be for
[4:29:55]
convenience of us. We've been
waiting since May, the 13th of
2021. On April the 11th. I sent
[4:30:04]
Mr Banks an email. I sent him an
email. I've seen him many
emails. Just give me my money
[4:30:08]
back, sir. And you won't see my
face again. He has not returned
my money. He will not speak to
[4:30:15]
me. He did speak to me being You
know what he said? I said, I
guess I'm gonna hatch file
[4:30:20]
criminal complaints, not
speaking to him, because if I
wanted to speak to him, I would
[4:30:25]
address him. You know what he
said? You do. What the hell ever
you have to You've been sitting
[4:30:30]
over here talking to me all this
time anyway, Dude, I have
nothing to say to him, but I
[4:30:34]
will be going to the sheriff's
office. He took my money. He has
performed no services for me.
[4:30:38]
And look at all of these people.
So I'm going to the attorney
General. I'm going everywhere. I
[4:30:44]
can go. But I'm appealing to
you, Mr Jonathan tarred and I'd
be so lenient on a man who will
[4:30:49]
take people's money. Let him get
a job at McDonald's. Let him get
a job in a factory. Let him
[4:30:54]
clean the Flipping floor for all
I care. That's why I do for a
living. For this $21,175 from
[4:31:00]
the S B A. Do you think the s p
A is gonna let me say? I'm just
not going to pay it back because
[4:31:06]
I got ripped off by Matthew
banks of banks Construction and
the construction board in my
[4:31:11]
county doesn't feel that he's
done all the damage because they
didn't really suspend him until
[4:31:14]
long down the line. And maybe
you won't get some jobs and
Escambia County. But you serves
[4:31:19]
and ma'am and man I see. There
is one female. Thank God and one
black man and one, you know. I
[4:31:25]
mean, this is Come on, y'all. We
here needs some help. Poor
people in this county need help.
[4:31:31]
And Matthew Banks is taking our
money. Okay If I were rich, he
would not have done this. If I
[4:31:39]
were a white male, he would not
have done this. And I'm asking
you all there's gonna be more
[4:31:43]
cases model. Come before you.
The only way that Matthew Banks
will stop seeing my face. As if
[4:31:50]
he goes to jail. We can't send
them to jail. Cancer can't but I
can and I will. But I ask you
[4:31:58]
all to be a little bit more
tough with him because one case
to case three cases, four cases.
[4:32:03]
He got up and walked out. He
knew what we were here before.
He wouldn't even look me in my
[4:32:08]
eyes. That's not a man or that's
somebody who has criminally
deceived. All of us. I have a
[4:32:16]
question for you. Have you have
you? Have you formed? Have you
formally fulfilled A complaint.
[4:32:21]
I have a question. Have you have
you fulfilled the requirements
for a complaint? With Escambia
[4:32:28]
County. I will. Okay You haven't
yet? Not yet. I said that even
again, That's gotta complain not
[4:32:35]
for filled out a formal
complaint yet because I did not
know the steps to do it. I've
[4:32:41]
complained to the Attorney
general's office. And
complaining under elder abuse,
[4:32:44]
if any of you have small
Children or elders, get in touch
with them. They contacted me
[4:32:49]
today. I have all of my
paperwork ready to send to them
to the Florida license. Your
[4:32:54]
board. What is it? D Whatever
y'all know who they are. I put
in six complaints on one day.
[4:32:59]
You know what got him fired up.
I put in a Google review. Okay
Just the facts, ma'am. Just the
[4:33:05]
facts gave him my money. May
13th 2021. He's done nothing but
lie since no money back. The
[4:33:15]
only thing that's been done to
my house, and he sent some guy
named Justin over who chipped a
[4:33:19]
piece of floor up. So now I
gotta fix that, too. No work on
my house whatsoever. We
[4:33:24]
understand All your complaint.
Will you have any other
questions, sir? But we cannot
[4:33:32]
send him to jail. Mr David Bryan
David Bryant. Good morning. My
name is David Bryan to 7 to 5,
[4:33:47]
Black or drive Cantonment,
Florida. Lot of emotion. A lot
of passion in this room right
[4:33:52]
now. Um, I understand. First I'd
like to say thank you, ladies
and gentlemen for being here.
[4:34:00]
Um, I do have a formal
complaint. I believe I'll be. My
case will be coming before you,
[4:34:05]
uh, hopefully at the next July
competency So if there's
anything I have to say about
[4:34:12]
this, if that will be hindered
in any way, please let me know
now. Is it? Okay if I continue?
[4:34:18]
Well here's the thing. You did
it. It doesn't do you any good
to tell us now. We're gonna look
[4:34:24]
at that. We're gonna do it in
detail. So anything you say now
is going to be Out the window.
[4:34:30]
Two pages. I cut down to about
three sentences, because that's
exactly correct. I saw that do
[4:34:34]
not don't want. We don't want
you to jeopardize your case
before the board. Terrific.
[4:34:40]
That's why we suggest you not do
it. Gotcha I totally understand.
I just want to say thank you,
[4:34:45]
ladies and gentlemen for being
here. Thank you for giving us at
least a direction on how to
[4:34:50]
begin to really address the
problems. There's a lot of
problems here. Um Here's here's
[4:34:55]
the thing, sir. Yes, sir. The
public forum is on any subject
that's not on the agenda.
[4:35:06]
Eubanks was on the agenda four
times today says Thank you for
being here to see you next
[4:35:13]
month. Don't. Jeopardize what we
have to do when we consider this
before the board and then
[4:35:22]
officials exercise then I have
nothing else to say, except I
look forward to seeing you may
[4:35:27]
be hurting your case. That's
all. I'm asking you. Thank you
so much. Thank you. I believe
[4:35:35]
this is Janet Bondurant.
And everyone and thank you for
hearing me. Um, a few days ago,
[4:35:53]
I was Contacted through Social
media. That. My address to the
board to you guys to the board.
[4:36:02]
Last 2021 was viewed by a
numerous amount of clients with
banks construction and if I
[4:36:09]
could provide an update To the
board. And so I'm here. Um So my
husband and I contracted with Mr
[4:36:16]
Banks of banks Construction on
March 2020. After banks
recommendation, reflections home
[4:36:22]
design and can services. Um we
pay them for the plans, and I
heard him say that they took
[4:36:30]
care of the plans. We paid the
plans, so they drafted the plans
for our addition and renovation
[4:36:34]
. And on April this was April
18th 2020. Mr Banks said the
rental would be six would be
[4:36:41]
would begin. Six June And he
would date 48,000 to start and
would only take three months.
[4:36:47]
However it didn't begin until 23
July 2020. And then he requested
another 25,000. The following
[4:36:54]
December. 14th totaling
$73,000.09 months. So at 40%
until the renovation after 13
[4:37:01]
months of excuses and delays and
still no end date, I addressed
the board on July 7th 2021.
[4:37:08]
Regarding the lack of lack of
progress questions regarding
permits, the cost of delays and
[4:37:14]
excuses with our renovation. On
July 9th 2021. I requested a
sworn statement of account from
[4:37:20]
banks Construction and on 17
July 2021. Mr Banks replied with
the nature of services performed
[4:37:26]
today. To include 246 Square
Foot addition, built onto the
exterior of the master
[4:37:35]
renovation of the Master area,
two closets and the bathroom at
a cost of $76,000. Due to the
[4:37:43]
cost of reworking in delays. The
master area could not Have been
completed on 17 July 2021 as he
[4:37:50]
stated in this sworn statement
to the fact that he contracted
the cleaning service was
[4:37:55]
completed The cleaning Of the
Masters of the Master suite on
23. September 2021. Then I moved
[4:38:03]
back into the home because I had
moved out when I when I
approached you guys, you know,
[4:38:08]
in July So, um Also addressed in
the sworn statement of account
is the nature of future services
[4:38:15]
to be performed. Which was
completed kitchen Reno, a new
exterior door, new flooring and
[4:38:21]
interior painting throughout the
entire home and the remaining
balance of 25,350 per a
[4:38:25]
contract. In September. 2021 Mr.
Banks still cannot give us an
overall end date or start date
[4:38:33]
as to when his company would
begin the renovation of our
kitchen floors, painting and
[4:38:37]
door. For 15 months. Um. Our
home is only 2000 Square feet.
So we only had 25. Feet of
[4:38:47]
walking space. So then, I You
know, I moved out of the home
for four months because you
[4:38:56]
know, it was just it was it was
more than I could bear. In that
time, banks was still accepting
[4:39:01]
new clients contracts and
granting new permits. While we
were still undergoing delays and
[4:39:04]
excuses As a consumer. I reached
out to the following offices for
assistance or guidance. Um this
[4:39:11]
can't be Bay County Building
Services Office state of
attorney the Pensacola District
[4:39:15]
Attorney's office, Department of
Business and Professional
relations. The construction
[4:39:18]
industry licensing board. The
Florida Department of
Agriculture and Consumer
[4:39:25]
Affairs. And in doing so, Mr
Banks Informed the Escambia
County building inspector that
[4:39:31]
he would not continue with the
remaining items on the contract.
We agreed and thought it would
[4:39:35]
be best. As he still refused to
give us a completion date and we
could not afford to take any
[4:39:44]
kind of legal action. The only
word based construction started
in our kitchen was the
[4:39:48]
installation of a pantry and
February 2021. Thanks demo the
entire wall next to the stove
[4:39:55]
and left the wires exposed. In
the new pantry banks
construction ceased without
[4:40:00]
installing baseboards or
flooring, leaving the concrete
slab exposed for 10 months until
[4:40:05]
we hired another company to
install our floors. That's how
Mr Banks left our home. He did
[4:40:13]
not return to inspect the sub
par quality of the work by his
crew. Because. He left our
[4:40:20]
kitchen at 10% demolished. We
had to hire three additional
companies to renovate our home
[4:40:25]
was cost us an additional 30,000
I don't understand how he can
reply to the state. With Being
[4:40:35]
understaffed and blaming it on
Covid, and at the same time
renovating and purchasing a home
[4:40:41]
one block from our home. In four
months after starting the
renovation or in our home so we
[4:40:47]
would see them going to this
this home during construction
while our home is in shambles.
[4:40:52]
Um So, as I said again, this The
whole contract with banks
started 2020 and stop September
[4:41:01]
2021 14 months. The overall
rental or a home took 21 months.
And if he were here, he should
[4:41:09]
have remained here to hear
everyone. You know complaints.
No one is bashing him. We're
[4:41:13]
providing factual information.
His greed has caused so much. So
much so much of us with pain and
[4:41:19]
heartache. That he should be
ashamed of himself, um and
blaming his staff as a cop out
[4:41:27]
because at the end of the day,
he signs all the checks. You
have an active complaints. I
[4:41:33]
don't but I have a case number
with Melissa Rebirth. Reamer
It's my understanding that she
[4:41:38]
did previously follow complaint
, and then they parted ways
amicably. Um and in part with
[4:41:43]
the amicably, right? Well, I
mean, I think it was kind of,
you know. Y'all made an
[4:41:48]
agreement at some point and if
you would like to re file you
have the option to do so. Um and
[4:41:54]
Melissa can assist you with
that. Thank you. Thank you. In
our last speaker. Request form
[4:42:06]
is Jekyll and Rogers, Mr Rogers.
Thank you. My name is Jacqueline
Rogers. I do not have a
[4:42:22]
complaint against either of
these contractors. I did
consider them both for a project
[4:42:27]
. I have a neighbor that's two
years out and nothing done on a
project with Mr Banks. So I have
[4:42:32]
a lot of sympathy for these
people. I'm here more to talk in
a general. Manner of this board
[4:42:38]
. What the man that said when he
walked out what he said was the
sport is superfluous. I don't
[4:42:43]
agree with him. I think there's
a reason why there's a
contractor Competency board. I
[4:42:47]
think there's a reason why
there's permits. But if you're
going to take the money for
[4:42:53]
permits, if you're going to take
the money for licensing if
you're going to have a
[4:42:56]
contractor competency board, you
guys have to protect the public
because I was alerted to this
[4:43:02]
from several people. I started
going back and watching meetings
and I have a lot of concern
[4:43:07]
about what this board is because
we have a business. My husband
has a state license. I
[4:43:13]
understand you can have false
accusations. I understand. What
it means to have a contractor's
[4:43:18]
license, but at the same time,
there is a great responsibility
with a contractor's license. And
[4:43:24]
what I'm hearing this. This
seems like you're allowing Ponzi
schemes to go on where people
[4:43:30]
can say if he's still soliciting
business. He's going to take
that money and pay your fines
[4:43:35]
which I thought were minimal.
You might have thought they were
Hard, but I thought they were
[4:43:39]
ridiculously. Even as a business
person. You can easily pay those
fines and use that money, other
[4:43:45]
ways and still profit. So I am
concerned about that. I went
back and watched past meetings
[4:43:52]
and I had some concerns. The
last meeting for Mr Lacoste. He
had a lawyer come in and say he
[4:43:58]
had a medical issue. Not one of
you asked for proof he didn't
have a medical issue. Had a
[4:44:03]
warrant out for violation of
probation. Now we all know he's
arrested. But you need to ask
[4:44:09]
for proof. Another meeting I saw
staff come and say. Well you had
a just a disciplinary hearing.
[4:44:16]
Um, but we went back and we
looked at your what? You what?
The facts, and there wasn't
[4:44:21]
enough so someone made the
motion to just drop it. Well,
what were the facts? I was
[4:44:26]
watching the meeting the
homeowner That was part of that
They had the complaint. They
[4:44:31]
weren't in the meeting when I
complained to the county
attorney's office, they said
[4:44:34]
Well, staff said they called How
do I know? The staff called? I'm
not calling the staff a liar,
[4:44:40]
but you need to have the proof
of some of these facts. In my
opinion. If you're going to
[4:44:45]
protect us if this board has any
Any merit. Some of you have some
great questions today. So I
[4:44:51]
really thank you for the
questions. I am very sad that
one of the board members was
[4:44:57]
removed because he was asking
great questions. Two very bad
mad that a staff member was
[4:45:02]
involved in lobbying for his
removal. And I do know about
that. Um I don't have a lot more
[4:45:09]
to say. We need you to be the
watchdog. If that's what your
purpose is. I know you can't
[4:45:16]
arrest people, but when he said
he can't work without a license
, that's ridiculous. My husband
[4:45:21]
worked eight years without a
license. He worked under someone
under the supervision, and
[4:45:26]
that's why you have a license,
and that's why there's a
requirement. For a couple of
[4:45:30]
years of supervision. Maybe he
needs to go back and work under
a licensed contractor and
[4:45:35]
understand that he can still
work in the industry. Of course
, that's what my husband did for
[4:45:41]
years before he got his
contractor's license. So this is
not, you know, we're taking
[4:45:45]
away. This man's right. We're
taking away. This man's right to
Pullman move permits and to take
[4:45:50]
more down payments like he's
done for these people, and you
can see the progression from
[4:45:54]
2020. 2 to 2022. So I just
wanted to say that and there was
an anonymous threatening letter
[4:46:01]
sent to me once I started
commenting on this on his Kambia
citizens watch. I'm not
[4:46:06]
intimidated. I don't know if
anyone in this room Senate or
someone that's watching, but I'm
[4:46:09]
not intimidated. Thank you very
much. And chair. We do have one
more A Nancy Hendry. I think
[4:46:17]
that's Hendry. Okay? Hi My name
is the new C. Hendry I love it.
59 49 205. And my husband and I
[4:46:28]
signed a contract with Matt
Banks stood and close our back
porch, which consists of two
[4:46:33]
walls, and it's only seven FT.
Four inches by 22, but so very
small We signed it February 2021
[4:46:40]
gave him 12,200 down. As of
March, we did only get the
windows in and the Freeman and
[4:46:48]
very happy but right away, they
wanted $6100 more. I would have
said no, but my husband said
[4:46:55]
Give it to him and let's get
this over with, so we did get an
email. I said before we do
[4:47:01]
anything, I want to email show
and exactly what's going to be
done and what time frame After a
[4:47:07]
couple of weeks of the Sheetrock
not being hung guys sent emails
saying, Well, here we go again.
[4:47:11]
We gave you money and no one's
here and they said No, we're
sending someone out tomorrow.
[4:47:16]
Well, this is our Sheetrock guy
. He didn't even take the plate
off of the thing. Um so at that
[4:47:23]
point, we were very concerned
trying to get our $6100 back and
that's where we are today. And
[4:47:29]
we can't finish our room because
we're in a contract and Yeah. So
this is going on in your and a
[4:47:35]
half and I agree with everyone
else. I mean, just complaint.
No, um. And at this point we're
[4:47:44]
almost like, just let us out of
the contract and we'll go
elsewhere. You know, we don't
[4:47:48]
wa