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