1 01:00:00,030 --> 01:00:00,197 Yeah. 2 01:01:19,075 --> 01:01:36,226 Anybody to turn in. Eaker request. Anyone not exciting and on the 3 01:01:36,226 --> 01:02:01,051 side and sheet. Yes, it's just an accounting of parole. Yes, sir. 4 01:02:26,076 --> 01:02:43,093 Person. Secretary that we have a quorum. Yes, sir. We do. You have proof of publication 5 01:02:43,093 --> 01:02:48,331 notification of this meeting? Yes sir. Mr Chairman. It was published on May 26th 2022, the 6 01:02:48,331 --> 01:02:56,273 Escambia County Son Press. Would you read the board rooms, please ? Yes, sir. Mr. Chairman please 7 01:02:56,273 --> 01:03:01,278 Silence all cell phones. If you wish to speak, Please let the board secretary know in advance 8 01:03:01,278 --> 01:03:06,149 . Otherwise raise your hand for the board chair to recognize your request. When the chairman 9 01:03:06,149 --> 01:03:11,087 calls you to speak. Come to the podium, Adjust the microphone, then state your name and address 10 01:03:11,087 --> 01:03:16,226 for the record. You are requested to keep your remarks brief and factual. Both parties 11 01:03:16,226 --> 01:03:20,330 have an issue We granted uniform maximum time to speak. This typically runs between 3 to 5 12 01:03:20,330 --> 01:03:25,335 minutes. This hearing is considered quasi judicial conduct is formal and profane or 13 01:03:25,335 --> 01:03:32,075 derogatory comments will not be tolerated. Thank you. I'll entertain a motion to approve 14 01:03:32,075 --> 01:03:36,379 the minutes from the May 4th meeting. Motion to prove their second In the additions, 15 01:03:36,379 --> 01:03:43,420 deletions. Being known All those in favor say, Aye. Opposed like sign being known. The minutes 16 01:03:43,420 --> 01:03:50,126 are approved. At this time, I'll entertain a motion to move the public forum. To the end of the 17 01:03:50,126 --> 01:04:00,070 meeting. Motion made. Is there a second? And the discussion. Being known. All those in favor 18 01:04:00,070 --> 01:04:08,144 say Aye opposed like science. Also moved to admit all atoms of backup that were submitted for 19 01:04:08,144 --> 01:04:13,083 this meeting. Do the to the agenda. To the record of this meeting. Entertain a motion. 20 01:04:13,083 --> 01:04:22,092 Right? Is there a 2nd 2nd motion bathing secretary. Any discussion? Being done all those 21 01:04:22,092 --> 01:04:31,201 in favor say Aye. Opposed, like sign. Being known. The motions approved at this time we have 22 01:04:31,201 --> 01:04:39,075 the board secretary status report. No items for the board. We moved to item seven contract 23 01:04:39,075 --> 01:04:47,050 applications first on the board. We have Thomas Paciello, the third he is here for an 24 01:04:47,050 --> 01:04:53,156 application for examination for master plumber with gas. Mr Fastenal or your present. If you 25 01:04:53,156 --> 01:05:04,167 could please come to the podium, state your name and address for the record. My name is Thomas 26 01:05:04,167 --> 01:05:10,140 Facinelli of my address Is 1912 West Gregory Street. Pensacola, Florida. To have you here? His 27 01:05:10,140 --> 01:05:14,344 staff's recommendation to approve this application. A motion to approve the 28 01:05:14,344 --> 01:05:21,518 application. Is there a second motion made in secretary proof of the application for 29 01:05:21,518 --> 01:05:30,093 examination. Master plumber with gas for Thomas Vincent Nilo third. Thank you. Motion made 30 01:05:30,093 --> 01:05:37,167 all those in favor. Say Aye opposed like son. Being none. The motion for examination is 31 01:05:37,167 --> 01:05:47,210 approved for Master plumber. Mr Fiscella, don't come back to see us. I remember too. Next on the 32 01:05:47,210 --> 01:05:51,247 board. We have Jonathan King. He's here for an application for examination, also for a master 33 01:05:51,247 --> 01:05:58,121 plumber with gas. Mr King. If you could come to the podium, state your name and address for 34 01:05:58,121 --> 01:06:10,166 the record. Jonathan King. My address is 8572 Wickham place. Pensacola folded 3 to 514 to 35 01:06:10,166 --> 01:06:15,371 have you here, Mr King Steps recommendation that this application be approved motion 36 01:06:15,371 --> 01:06:26,082 to approve. Circuit. In the discussion. None all those in favor say Aye opposed like son. 37 01:06:26,082 --> 01:06:31,454 Being none. Application for examination for Jonathan King is a master plumber with gas is 38 01:06:31,454 --> 01:06:42,198 approved. Thank you. Don't come back to see it. Next on the board. We have coral likely he's 39 01:06:42,198 --> 01:06:47,303 here for two applications for examination. One is building contractor and the second is a 40 01:06:47,303 --> 01:06:53,142 roofing contractor. Mr likely. If you could please come to the podium, state your name and 41 01:06:53,142 --> 01:07:01,084 address for the record. And chair. We will need to separate motions. Mm 61 80, Then wrap 42 01:07:01,084 --> 01:07:08,024 them Let's go to fly. That gave me here, Mr likely entertained the motion to approve the 43 01:07:08,024 --> 01:07:14,330 examination for building contractor for coral likely. Mostly made in secondary that 44 01:07:14,330 --> 01:07:20,436 discussion. All those in favor say, Aye. Pose like son being none. The application for 45 01:07:20,436 --> 01:07:26,109 examination for building contractors for coral likely is approved. We moved to a motion 46 01:07:26,109 --> 01:07:33,049 to approve application for examination is roofing contractor for car likely. 47 01:07:33,049 --> 01:07:40,490 Motion made secondary discussion. What is it? That we made. Staff's recommendation is 48 01:07:40,490 --> 01:07:52,068 to approve Okay? All those in favor say Aye. Opposed, like sign. Being none. Application 49 01:07:52,068 --> 01:07:57,140 for examination for roofing contractor for coral likely is approved. Thank you, Mr likely 50 01:07:57,140 --> 01:08:09,085 don't come back to see us. Next. Next on the board. We have, um Pedro. Spurs is he's known as 51 01:08:09,085 --> 01:08:13,256 Antonio. He's here for an application for examination for roofing contractor Mr Perez, are 52 01:08:13,256 --> 01:08:25,101 you present. If you could please come to the podium, state your name and address for the record. 53 01:08:25,101 --> 01:08:33,309 My name is Pedro Antonio Perez. My attitude is 49 16 so for the road Do 5 to 6. Thank you, Mr 54 01:08:33,309 --> 01:08:40,049 Herriot. Entertain a motion to approve the application for examination. Roofing contractor 55 01:08:40,049 --> 01:08:49,158 by Antonio Fed through areas. Same motion million secondary. Any discussion? Being not all 56 01:08:49,158 --> 01:08:55,064 those in favor say Aye, close, like son being none. The application for examination 57 01:08:55,064 --> 01:09:01,104 roofing contractor for Antonio where the road prayers is approved. Thank you, Mr Torres. 58 01:09:01,104 --> 01:09:11,180 Thank you, sir. A week in Mexico last week. Yeah. I'm number six and last on the board. We have 59 01:09:11,180 --> 01:09:16,152 Daniel Perkins. He's here for an application for reciprocity for mass plumber with gas. He 60 01:09:16,152 --> 01:09:24,027 checked Yes, on the application, Therefore, that brings it before our board. Mr Perkins. If you 61 01:09:24,027 --> 01:09:29,132 could state your name and address for the record, and then also give an explanation to the 62 01:09:29,132 --> 01:09:35,171 board for the checked yes items. My name is Daniel Perkins. My address is 40 to 58. Bill Lane. 63 01:09:35,171 --> 01:09:40,410 Pace Florida. Uh check Yes. The items. I was young, I lost my father. I made mistakes. It's 64 01:09:40,410 --> 01:09:47,250 been over eight years. Paid all my debts to society. And here I am Today. I'm a family man 65 01:09:47,250 --> 01:09:55,224 married man. Is it? Mr Perkins, where you wishing to reciprocate from Santa Rosa County. And how 66 01:09:55,224 --> 01:10:04,100 long have you held your license there since March March, 23rd. Yes, ma'am. Entertain a motion 67 01:10:04,100 --> 01:10:15,078 to approve. Motion approved. Motion it through. Is there a second? Motion made second. Any 68 01:10:15,078 --> 01:10:29,225 discussion. Go ahead. Recommend. Yeah All of his items are in order. Okay. Any further discussion? Big None. All those 69 01:10:29,225 --> 01:10:35,364 in favor say Aye opposed, like sign. Being done. All those the emotions are approved for 70 01:10:35,364 --> 01:10:44,173 application. For refs or prosperity. Master plumber with guests for Daniel Perkin. Thank 71 01:10:44,173 --> 01:10:52,115 you, Mr Burton. Don't come back to see us. Now we're moving to disciplinary hearing. Yes sir. 72 01:10:52,115 --> 01:10:59,088 Mr. Chairman Item 81 is Jesse W. Lacoste doing business as Lacoste Construction Group LLC 73 01:10:59,088 --> 01:11:07,330 State registered license number R G 291103. Contractor Competency Board complaint 74 01:11:07,330 --> 01:11:15,104 number 2 to 0 to 10 C O M. It's in regards to Sandra King Hoffman. Homeowner Complainant 75 01:11:15,104 --> 01:11:22,145 at 18 Oh, nine East Bars Street. Which is in the city limits. Pensacola Florida If you are 76 01:11:22,145 --> 01:11:29,085 here to provide testimony for this hearing, if you could please scanned and be sworn in 77 01:11:29,085 --> 01:11:47,036 Yeah. Or. Alan Alan read from the administrative complaint. Petitioner is the Escambia 78 01:11:47,036 --> 01:11:52,141 County Contractor Competency Board authorized by the Escambia County Code of Ordinances to 79 01:11:52,141 --> 01:11:56,279 enforce the Florida building code, regulate construction contractors and to ensure 80 01:11:56,279 --> 01:12:01,083 compliance with the code and the construction contractors certification requirements. 81 01:12:01,083 --> 01:12:07,056 Respondent is a state registered general contractor having been issued license number or G 82 01:12:07,056 --> 01:12:17,166 291103, licensed in Escambia County, Florida. Respondents address of record is 4400 Value 83 01:12:17,166 --> 01:12:24,207 Boulevard Suite 41. Pensacola Florida 3 to 503 respondent is subject to regulation by the 84 01:12:24,207 --> 01:12:29,145 board. Sandra Gray hired respondent to repair her residence located at 18 Oh, 85 01:12:29,145 --> 01:12:36,085 nine, East Bar Street. Pensacola, Florida 3 to 503. Which sustained damage resulting 86 01:12:36,085 --> 01:12:41,123 from a tree falling on the structure during Hurricane Sally Homeowners insurance provider 87 01:12:41,123 --> 01:12:47,029 estimated that the total loss for the structure was approximately 131,227. And 42 88 01:12:47,029 --> 01:12:54,136 cents. At the recommendation of the respondent homeowner obtained a private adjuster to 89 01:12:54,136 --> 01:12:59,108 assist with obtaining additional funds from the insurance provider for the repairs in 90 01:12:59,108 --> 01:13:07,083 November, 2020 homeowner executed an assignment of benefits to the respondent. 91 01:13:07,083 --> 01:13:13,289 Homeowner provided to the respondent and initial down payment of $78,399.90 on January 92 01:13:13,289 --> 01:13:23,065 8th 2021. Responded obtained the permit for the repair project on July 2nd 2021 work commenced 93 01:13:23,065 --> 01:13:29,238 some subcontractor Comeback Restoration LLC recorded a construction lane against the 94 01:13:29,238 --> 01:13:37,079 property on July 7th 2021. In September. 2021 the city of Pensacola Building inspections 95 01:13:37,079 --> 01:13:40,650 department twice inspected the property and the construction work performed. Neither 96 01:13:40,650 --> 01:13:46,489 inspection passed. Homeowners insurance provider that informed homeowner that a certificate of 97 01:13:46,489 --> 01:13:51,227 completion and photos of the completed project must be provided before additional funds 98 01:13:51,227 --> 01:13:57,066 would be released. Homeowner obtained a project report update from the Lacoste customer portal 99 01:13:57,066 --> 01:14:01,237 , which stated that the demolition portion of the project was complete, but the 100 01:14:01,237 --> 01:14:05,474 project was halted upon finding additional structural issues that were not previously 101 01:14:05,474 --> 01:14:12,114 included. Within the insurance claim an additional funds were required to proceed. Respondent 102 01:14:12,114 --> 01:14:19,221 provided homeowner pictures of alleged termite damage in October, 21 21 Homeowner had the 103 01:14:19,221 --> 01:14:24,293 subject area inspected by termite control specialist who opined that the damage was 104 01:14:24,293 --> 01:14:29,231 caused by water intrusion. Homeowner then requested a full accounting of the project from 105 01:14:29,231 --> 01:14:33,269 the respondent after review of the accounting homeowner discovered discrepancies between 106 01:14:33,269 --> 01:14:40,076 the invoices and the work performed. On January, 6th 2022 homeowner filed a complaint 107 01:14:40,076 --> 01:14:45,481 against responded with the contractor Competency board. Notice of the problem will cause 108 01:14:45,481 --> 01:14:50,086 hearing was sent to the respondent at his address of record via certified US Mail 109 01:14:50,086 --> 01:14:56,092 with return receipt requested responded attended the probable cause hearing on March 2nd 2022. 110 01:14:56,092 --> 01:15:00,096 At the probable cause hearing, the board heard testimony from Escambia County Building 111 01:15:00,096 --> 01:15:06,268 Services Department staff, the homeowner, spouse respondents agent and responded. The board 112 01:15:06,268 --> 01:15:11,307 also considered documentary evidence pertinent to the issues. The testimony and 113 01:15:11,307 --> 01:15:16,145 evidence showed that the homeowner hired the respondent to repair hurricane damage to 114 01:15:16,145 --> 01:15:21,083 her residence. Homeowner obtained a private adjuster and assigned in a assignment of 115 01:15:21,083 --> 01:15:27,156 benefits to the respondent. The homeowner provided a down payment from insurance funds on 116 01:15:27,156 --> 01:15:34,096 January 8th 2021, the respondent obtained permitting for the project on July 2nd 2022 2021 117 01:15:34,096 --> 01:15:40,269 Sorry. The homeowner's insurance provider, requested documentation to release 118 01:15:40,269 --> 01:15:45,374 additional funds. Repair projects stalled because additional funding was needed 119 01:15:45,374 --> 01:15:51,080 for alleged termite damage. The homeowner had the damage inspected, and it was determined 120 01:15:51,080 --> 01:15:56,419 that the damage resulted from water intrusion. The homeowner requested a full accounting of 121 01:15:56,419 --> 01:16:02,258 the project. The homeowner received invoices that were provided to the private adjuster 122 01:16:02,258 --> 01:16:08,097 and insurance provider by the respondent for termite damage repair. The homeowners pest 123 01:16:08,097 --> 01:16:14,070 treatment provider determined that no termite damage existed. The homeowner received invoices 124 01:16:14,070 --> 01:16:19,075 that were provided to the private adjuster and insurance provider by the respondent for a 125 01:16:19,075 --> 01:16:23,079 fence installation. And the respondent performed no fence installation as part of the 126 01:16:23,079 --> 01:16:29,118 project. The board determined that there was probable cause to believe that the respondent 127 01:16:29,118 --> 01:16:42,064 violated a skinny calumny code section 18 37 c 11. Section 18 37 D 13 c two Section 18 37 D 13 128 01:16:42,064 --> 01:16:52,074 . C three and Florida statutes for 89 1 26 to a one A skinny county code section 18 37 c 11 129 01:16:52,074 --> 01:16:58,147 provides that a code violation results from Finding that a contractor is guilty of fraud or 130 01:16:58,147 --> 01:17:05,154 deceit or gross negligence, incompetency or misconduct in the practice of contracting. The 131 01:17:05,154 --> 01:17:14,096 penalty guidelines for violating code section 18 37 c 11 or a 100 to $5000 fine and such other 132 01:17:14,096 --> 01:17:21,103 penalty as provided here in Respondent violated scare me counting code section 18 37 c 11 133 01:17:21,103 --> 01:17:25,074 by committing deceit in the practice of contracting by providing invoices for fence 134 01:17:25,074 --> 01:17:31,413 installation. To the homeowners , private adjuster and insurance providers to obtain additional 135 01:17:31,413 --> 01:17:40,189 funds for work that was not performed. Skinny county code section 18 37 D 13 c three 136 01:17:40,189 --> 01:17:47,163 provides that a code violation results from any other form of misconduct or incompetency. The 137 01:17:47,163 --> 01:17:55,204 penalty guidelines for violating code section 18 37 D 13. C three or a 250 to $1000 fine and or 138 01:17:55,204 --> 01:18:05,147 probation. Respondent violated a scheme he county code section 18 37 D 13. C three by providing an 139 01:18:05,147 --> 01:18:09,385 additional scope of work for tar might damage to obtain additional funding from the 140 01:18:09,385 --> 01:18:17,092 insert insurance provider. When no termite damage existed. Skinny county code section 18 37 141 01:18:17,092 --> 01:18:23,499 d 13 c two provides that a code violation results from violation of any provisions of Chapter 4 142 01:18:23,499 --> 01:18:33,108 89 4, Part one. Florida statutes as amended Florida statutes 49 1 26 to a one provides A 143 01:18:33,108 --> 01:18:39,081 contractor who receives as initial payment money totaling more than 10% of the contract 144 01:18:39,081 --> 01:18:44,186 price for repair, restoration, improvement or construction to residential real property. Must 145 01:18:44,186 --> 01:18:50,459 apply for permits necessary to do work within 30 days after the date payment is made, except 146 01:18:50,459 --> 01:18:55,197 where the work does not require a permit under the applicable codes and ordinances. Their 147 01:18:55,197 --> 01:19:04,106 penalty guidelines for violating for such a statute for 89 1 26 to a one r 500 to $1000 fine. 148 01:19:04,106 --> 01:19:10,412 Responded and violated Florida statute. 49 1 26 to a one by applying for the appropriate 149 01:19:10,412 --> 01:19:17,086 permitting 175 days after receiving the initial payment from the homeowner. Accordingly 150 01:19:17,086 --> 01:19:23,225 Respondent violated Escambia County Code section 18 37 D 13. C two by violating Florida 151 01:19:23,225 --> 01:19:35,070 statute for 89 1 26 to a one I believe. Mr Gray and Miss Gray, our president. I'm not sure 152 01:19:35,070 --> 01:19:43,245 there was another person that wanted to provide testimony as well. Mr Perry. Would you come 153 01:19:43,245 --> 01:19:52,054 up? You have a statement. My name is Logan Gray. I'm here representing my wife, Sandra. 154 01:19:52,054 --> 01:20:01,130 Great with that. 1 20 Grand Grand View Drive. Titus Alabama 36080, Mr Chairman, members of 155 01:20:01,130 --> 01:20:04,333 the board. Thank you for allowing me to make some comments regarding this 156 01:20:04,333 --> 01:20:09,071 disciplinary hearing. Especially want to thank the staff for all the hard work they've done. 157 01:20:09,071 --> 01:20:14,443 Because there is a lot of documentation right up there. I'll try to be relatively brief 158 01:20:14,443 --> 01:20:20,115 and hold it under 10 or 12 minutes. First I want to point out that the ownership Of 159 01:20:20,115 --> 01:20:25,187 Lacoste Construction LLC, according to the secretary of state, April 26 of 2021 160 01:20:25,187 --> 01:20:34,063 consisted of. Advanced design investments, Mr Kevin Stevens. Fre investments, Mr Brian Flynn. 161 01:20:34,063 --> 01:20:43,138 And Mr Jesse Lacoste. The next Statement that they have on the Secretary of state's website is 162 01:20:43,138 --> 01:20:50,145 March 24th. Of this year, 22 days after you recommended That the complaint go to Its 163 01:20:50,145 --> 01:20:59,021 disciplinary hearing. And the principles there are just Jesse W. Lacoste in a group called 164 01:20:59,021 --> 01:21:06,061 Sigma Enterprises Signal Enterprises List. Their address is the same as Lacoste at 4400. 165 01:21:06,061 --> 01:21:11,066 Boulevard Yet when you go to the secretary of state's website, it's not found there. And also 166 01:21:11,066 --> 01:21:19,274 like for you to. Review paragraph night or I'd like to review paragraph nine of the 167 01:21:19,274 --> 01:21:25,280 assignment of benefits. It contains two very important sentences. The first sentence is 168 01:21:25,280 --> 01:21:31,253 that localized agrees to furnish in the client, which is my wife. Agrees to pay for all the 169 01:21:31,253 --> 01:21:38,327 equipment supplies material. And labor necessary to bring the property to its free condition 170 01:21:38,327 --> 01:21:44,066 to his pre honest conditions. That phrase to bring the property to its pre loss 171 01:21:44,066 --> 01:21:52,341 condition is the scope of the work. It also requires were also states that Both the client and 172 01:21:52,341 --> 01:21:58,380 the cost acknowledge that an itemized per unit estimates slash invoice. Will be provided 173 01:21:58,380 --> 01:22:06,321 contemporaneously with this. And that did not occur. My comments regarding Mr Lacoste testimony 174 01:22:06,321 --> 01:22:14,329 before the board. On March 2nd. This is from the transcript. On page 85. This deals with you, 175 01:22:14,329 --> 01:22:20,169 Chairman Matthews when you ask him about the fence And he eventually said no. That fence 176 01:22:20,169 --> 01:22:26,074 belonged to the neighbors. And then you said But you charge them for it. And he response 177 01:22:26,074 --> 01:22:32,147 responds. Charge them for the services we provided on their fence that is referring to the 178 01:22:32,147 --> 01:22:40,055 rear of the property. Mr Chairman, members of board That statement is false. Stamps 179 01:22:40,055 --> 01:22:45,060 across the back of property had been putting in the spring and it was not damaged by Hurricane 180 01:22:45,060 --> 01:22:55,070 Sandy. On page 86. Mr. Bell, asked about. Their request for engineering and all that stuff 181 01:22:55,070 --> 01:23:00,142 they paid for their saying It was proprietary and you could not provide it to them. Mr. 182 01:23:00,142 --> 01:23:06,148 Lacoste says. No, sir. That's why I mentioned that it was provided to them. It's in the 183 01:23:06,148 --> 01:23:14,189 client portal. Our comment is we try to get it and look at that client portal. We did not find 184 01:23:14,189 --> 01:23:21,296 any invoices, expenses or up to date stuff, and we've got E mails back and forth requesting 185 01:23:21,296 --> 01:23:28,303 this information. We do have one of the emails comes from Christine Wilson, who works for 186 01:23:28,303 --> 01:23:37,079 Mr Cost. In this date of January. 7th 2022 Where she says, we normally do not share 187 01:23:37,079 --> 01:23:47,155 this proprietary information. On page 99 of the transcript. This is where Mr Bilby. Discusses the 188 01:23:47,155 --> 01:23:55,063 failure of inspections and he says What? Mr Smith, the city inspector. What Mr Smith wanted 189 01:23:55,063 --> 01:24:03,071 was the engineering on just the Rusin roof damage itself. The city has not received that, Nor 190 01:24:03,071 --> 01:24:11,213 have we received any other requests from that time frame. We paid. Um $2000 for an 191 01:24:11,213 --> 01:24:20,355 engineer to make a site visit at $4200 for the Wow. Engineers report. The city did not get an 192 01:24:20,355 --> 01:24:26,161 engineer's report. We did not get an engineer's report, and we don't believe there's one that 193 01:24:26,161 --> 01:24:31,333 exists. There are several other examples of Mr Lacoste inaccurate statements throughout 194 01:24:31,333 --> 01:24:37,072 his testimony. Like the number of leans placed on the Lacoste projects. Comeback restoration. 195 01:24:37,072 --> 01:24:47,049 Mr Lacoste thought it was Maybe two hours and someone else's Turns out. It was 53 That's 196 01:24:47,049 --> 01:24:56,224 official records. And there's one that I take great exception to and that's on page 72. Of the 197 01:24:56,224 --> 01:25:03,198 transcript. Worrying Mr Cross says most of these complaints, the official complaint. I think 198 01:25:03,198 --> 01:25:10,072 the I think you only named a few there. They are either completely irreverent or untrue. 199 01:25:10,072 --> 01:25:15,377 With the documentation you have before you. More to understand something. I understand the 200 01:25:15,377 --> 01:25:24,353 truth. And I understand what means to take an oath or an obligation. When I was a second, 201 01:25:24,353 --> 01:25:30,192 lieutenant, I took an oath when I sworn into the regular army. When I was on City Council, the 202 01:25:30,192 --> 01:25:35,397 city of Auburn took four arrows with the start of Asian quadrennium. So I understand 203 01:25:35,397 --> 01:25:42,070 what it means to take an oath or an obligation. Through more. I understand Florida statute. 204 01:25:42,070 --> 01:25:54,116 837.2 point 02. That deals with Perjury. That's a class three felony. Regarding the 19 205 01:25:54,116 --> 01:26:00,455 statements and invoices. This is the accounting that we requested and add, requested several 206 01:26:00,455 --> 01:26:10,165 times. They finally provided. But we just wanted to know. What did you do with our money? And 207 01:26:10,165 --> 01:26:18,073 going through those 19. Statements and invoices. There's just a lot of fraud in the sea. 208 01:26:18,073 --> 01:26:24,312 I'd like to start with just a few of them, not all of them, but I can talk about all of 209 01:26:24,312 --> 01:26:30,385 them. But the first one I'd like to talk about his number 19. He charged us $4700 for an 210 01:26:30,385 --> 01:26:39,161 insurance to doctor. You can't charge anyone for an insurance deductible insurance company had 211 01:26:39,161 --> 01:26:53,041 already deducted that $4700. That's the seat. Number 18. Partial admin fees. And partial. Insurance consulting fees. 212 01:26:53,041 --> 01:27:06,088 $6098.64. In fact, He was challenged on that. But board member Dennis. I'd like to give 213 01:27:06,088 --> 01:27:17,132 you a statute here again. It's Florida statute. 6 27.715. Parentheses. Seven. Beef Four. 214 01:27:17,132 --> 01:27:27,075 That's 6 to 7. 7152 parentheses . Seven Defour, it says very plainly and assignment benefit 215 01:27:27,075 --> 01:27:34,349 may not contain administrative fees. Clearly a violation of Florida's law. The insult the 216 01:27:34,349 --> 01:27:43,225 insurance consulting Was performed by Noble. Public adjusting group. This is the 217 01:27:43,225 --> 01:27:50,098 group that Mr Lacoste directorate, uh, almost insisted recommended we used Statement 16 218 01:27:50,098 --> 01:27:55,137 and three deal with the engineer's report. We've just discussed that I'm prepared to 219 01:27:55,137 --> 01:28:00,075 go through all 19. But I think I've kind of made my point that these statements are not true. 220 01:28:00,075 --> 01:28:17,225 In summary. Sandra Ray paid over 125 125,000. $754.31. To Lacoste Construction Group LLC, if you 221 01:28:17,225 --> 01:28:21,263 paid it in order for them to bring the property to its preconditioned loss or to his 222 01:28:21,263 --> 01:28:29,304 pre loss condition. And the client also And Lacoste agreed that he would provide At current 223 01:28:29,304 --> 01:28:39,147 statements and invoices. He didn't do either one of them. Now the estimates we've had to 224 01:28:39,147 --> 01:28:46,121 fix the house, which means we've got undo what he's done Run from 135 to $145,000. They do not 225 01:28:46,121 --> 01:28:54,196 include. A pine paneled room that her father when he built the house in 1948 was completely 226 01:28:54,196 --> 01:29:05,073 pine panels, Heart pine. That was destroyed by Lacoste Construction. Another side issue 227 01:29:05,073 --> 01:29:09,244 . Those we've received notice from citizens insurance and they're not going to renew the 228 01:29:09,244 --> 01:29:14,282 insurance on this structure because it's not complete. Our request, and we make two of 229 01:29:14,282 --> 01:29:26,061 them. Her request. Is as authorized by Escambia County Ordinance 18 37 days See We. 230 01:29:26,061 --> 01:29:33,168 Asked the board to order Lacoste Construction LLC to pay full restitution in the sum of and 231 01:29:33,168 --> 01:29:41,176 that some of should either be. From 1 25, which 125,000 which we paid up to $150,000, which we 232 01:29:41,176 --> 01:29:49,351 think is going to cost. But we have to ask. We haven't asked 1 35 to 1 45. But we'd like 233 01:29:49,351 --> 01:29:59,094 restitution. Uh, We'd like that restitution paid by June 15th or in date certain Has sent by the 234 01:29:59,094 --> 01:30:05,233 board. June 15th or date certainly set by the board. We would also like that. Of 235 01:30:05,233 --> 01:30:16,111 request. That the license of Lacoste Construction LLC be suspended immediately and not 236 01:30:16,111 --> 01:30:26,187 reinstated until it's such time as restitution is paid. And if the restitution is not paid by 237 01:30:26,187 --> 01:30:32,260 that date certain That the license be revoked for a period of not less than five years. The 238 01:30:32,260 --> 01:30:42,304 last request. We have And this is a matter of Oh, he point of order. I'm not familiar with 239 01:30:42,304 --> 01:30:47,409 your rules. I would assume that they are based on either Robert's rules or Mason's rules 240 01:30:47,409 --> 01:30:53,181 of order. But we would request that any one of the board members Asked for a roll call 241 01:30:53,181 --> 01:31:01,256 vote. At the proper time. Mr Chairman members that concludes my remarks will be happy to 242 01:31:01,256 --> 01:31:08,129 answer any questions. Thank you. Body. Every question. Good. Thank you, Mr. Thank you. We 243 01:31:08,129 --> 01:31:22,077 have anybody else? Representing the cost. Put anyone else like to speak. My name is Angela 244 01:31:22,077 --> 01:31:28,183 Lacoste, Jessie's mother. I'm speaking for him because he's incarcerated right now, so you 245 01:31:28,183 --> 01:31:35,190 can't be here. But I'm here to tell you that he has gone on his work and may take longer. He may 246 01:31:35,190 --> 01:31:42,297 have. You know we got setbacks, but he will Do all the work that he has contended today for all 247 01:31:42,297 --> 01:31:48,169 these people And he's going through a hard time right now. I'm going through a hard time 248 01:31:48,169 --> 01:31:53,241 and I'm begging you all to keep its license Good so he can get Alec predicament he's in He's in 249 01:31:53,241 --> 01:32:00,315 there for two narcissistic women. That, um Who's had Children were. And that are 250 01:32:00,315 --> 01:32:06,054 trying to destroy his life right now. And he's fighting the battle right now. He's keeping 251 01:32:06,054 --> 01:32:11,159 his faith up. His witness and two other people in jail right now trying to keep his feet 252 01:32:11,159 --> 01:32:19,200 strong. And. I'm just begging you all to keep his license Good so he can get out of this. 253 01:32:19,200 --> 01:32:38,353 Integration. Thank you. You don't face that. That Okay? Takes you. Has your options 254 01:32:38,353 --> 01:32:58,039 ready to see? We'll take them each count. 255 01:33:01,076 --> 01:33:15,123 Wrecked here. Relation of the county code section. 18 37 c 11 . Is there a finding that Mr 256 01:33:15,123 --> 01:33:19,461 Lacoste is guilty of fraud or deceit or gross negligence, incompetency or misconduct and 257 01:33:19,461 --> 01:33:37,078 the practice of contracting Team discussion from the board. Comments. Entertain a motion. 258 01:33:37,078 --> 01:33:46,154 Penalty phase now, too. So we can take it one by one. We can do the count and then the 259 01:33:46,154 --> 01:33:50,358 respective penalty phase or we can do all three counts and then all three penalty phases. It's 260 01:33:50,358 --> 01:34:05,073 up to you. From my commotion to do the latter. Duke. Yes. So do the penalty phase. All of the 261 01:34:05,073 --> 01:34:10,178 Have to conclusion of the decisions. You might have a motion to do the penalty phase 262 01:34:10,178 --> 01:34:17,318 at the same time. Then after the after we threw all three counts, Okay? Motions made is their 263 01:34:17,318 --> 01:34:23,057 second to move the penalty phase to the very end of all three counts. Potion made second. Any 264 01:34:23,057 --> 01:34:32,066 discussion. Being known All those in favor say, Aye. Opposed being none. Emotions approved. 265 01:34:32,066 --> 01:34:39,407 Penalty phase will be considered the end of consideration of all three counts. That's account one 266 01:34:39,407 --> 01:34:55,423 entertained emotion. No proof. That he is guilty of. Incompetency misconduct, gross 267 01:34:55,423 --> 01:35:03,331 negligence, deceit or fraud. I'll make motion. Yes. Motion made yes. Is there a second? 268 01:35:03,331 --> 01:35:18,079 Circuit. Motion lead. Yes and second In the discussion. All those in favor say Aye. Opposed 269 01:35:18,079 --> 01:35:27,088 like sign being done. The decision is yes. Because as to count two the alleged violation 270 01:35:27,088 --> 01:35:36,197 of a skimpy county code section 18 37 D 13. C three. Is there a finding that Mr Lacoste engaged 271 01:35:36,197 --> 01:35:54,082 in any other form of misconduct or incompetency? Contain the motion. Discussion 272 01:35:54,082 --> 01:36:04,325 of our discussion double dipping on. Not on penalty because you'll go by one by one on each 273 01:36:04,325 --> 01:36:08,263 count for the penalty. In the administrative complaint, there were two separate instances 274 01:36:08,263 --> 01:36:16,204 referenced for each individual account. That makes more sense. Make motions for yes. Motion 275 01:36:16,204 --> 01:36:26,080 bait for yes, is their second. Motion made and seconded in the discussion. Being done all those 276 01:36:26,080 --> 01:36:38,159 in favor say Aye. Opposed, like sign. Being none. The decision is yes. Count three as to count 277 01:36:38,159 --> 01:36:46,200 three, the alleged violation of a skinny county code section 18 37 d 13. C two. Is there a 278 01:36:46,200 --> 01:36:52,073 finding that Mr Lacoste violated any provisions of chapter 4 89 part one of Florida statutes? 279 01:36:52,073 --> 01:37:04,285 Yes. Motion made yes is their second. Motion made yes, and the second any discussion Big? None. 280 01:37:04,285 --> 01:37:15,063 All those in favor say, aye. Opposed, like sign. Motion is approved. Decision is yes. Go to 281 01:37:15,063 --> 01:37:22,136 the penalty phase count one as to count one. The violation of code section 18 37 c 11. The 282 01:37:22,136 --> 01:37:30,345 penalty guidelines for violating code section 18 37 c 11 is a 100 to $5000 fine and such other 283 01:37:30,345 --> 01:37:51,299 penalty as allowed by law. We can do 100 all the way up to 5000. Discussion. We know if 284 01:37:51,299 --> 01:38:02,076 he's had any other Any other violation. As far as the skin we county. Mr Lacoste has not come 285 01:38:02,076 --> 01:38:20,294 before the sport before. I suggest we consider 2500. Make that emotion $2500. The motion 286 01:38:20,294 --> 01:38:33,174 braided. We $2500 fine. Is there a second? So. Motion. Vaden seconded any discussion. Being 287 01:38:33,174 --> 01:38:47,188 nod. All those in favor say Aye. Opposed like son. Being done. The motion is approved to be 288 01:38:47,188 --> 01:38:55,229 ordered to pay $2500 fine for count one We'll move to count, too. As to count two the 289 01:38:55,229 --> 01:39:02,203 violation of code section 18 37 D 13. C three The penalty guidelines for violating code 290 01:39:02,203 --> 01:39:17,218 section 18 37 D 13. C three A first violation $252,000 fine. This is first violation on this 291 01:39:17,218 --> 01:39:25,259 count as well. Is this his first violation on this count as well? There. We need to be record 292 01:39:25,259 --> 01:39:33,134 evidence of prior violations. Uh, in order to But for the enhanced penalty, and as far as 293 01:39:33,134 --> 01:39:37,338 I recall, there was no record evidence before this board of a prior violation of this code 294 01:39:37,338 --> 01:39:47,148 section would be his first violation under discount. Yes. So we can consider a About find 295 01:39:47,148 --> 01:39:58,159 and pro Bush. And or probation. Yeah. What is probation into what is that? So probation is 296 01:39:58,159 --> 01:40:03,364 when the licenses put on probation and, um if the contract or the license holder 297 01:40:03,364 --> 01:40:11,239 were too Have them repeat events . It would come to this board for further determination. So in 298 01:40:11,239 --> 01:40:20,114 essence, his his license is monitored. To make sure there are no on permitted. No um, 299 01:40:20,114 --> 01:40:25,086 failure to obtain upset inspections. All of those items , anything that would call us to 300 01:40:25,086 --> 01:40:33,160 come before the board. Would be considered, We'd have to come up with her. A decision on what the 301 01:40:33,160 --> 01:40:53,114 probation meant. Entertain a motion for a fine and our probation. Question. Have a 302 01:40:53,114 --> 01:41:00,154 question. Is this the only one that has Under first violation. I'm looking at this the only one 303 01:41:00,154 --> 01:41:09,063 that has any Ah, provisions for Probation or anything. Other than a fine I don't see it on 304 01:41:09,063 --> 01:41:21,175 number three. So if looking at your. Paper There they count one had the option. For any other 305 01:41:21,175 --> 01:41:39,060 such penalty count, two has and or probation count three for first violation is only a fine. 306 01:41:39,060 --> 01:41:44,398 But we can give him a probation on this one for sure. That is part of the penalty guidelines. 307 01:41:44,398 --> 01:41:59,246 Yes, sir. On the motion for $1000 fine and one year probation. A motion for $1000 308 01:41:59,246 --> 01:42:08,189 fine and one year probation. Is there a second? I'll say. Motion made and secondary in the 309 01:42:08,189 --> 01:42:18,032 discussion. Probation is one year from the date of this meeting. It is a violation. He 310 01:42:18,032 --> 01:42:29,076 comes back before the board. Any further discussion. Being done all those in favor say Aye. 311 01:42:29,076 --> 01:42:39,120 Opposed, like sign. Being none. The motion for $1000. Fine You know, one year patient is 312 01:42:39,120 --> 01:42:50,331 approved. As to count three violation of code section 18 37 D 13. C. Two The penalty 313 01:42:50,331 --> 01:42:57,271 guidelines for violating code section 18 37 D 13. C to our first violation of a $502,000 314 01:42:57,271 --> 01:43:14,355 fine. Motion. For Motion made for $500. Fine. Is there a second? Motion made and seconded 315 01:43:14,355 --> 01:43:24,065 $500 fine and the discussion. Being done all those in favor say Aye. Opposed like science. 316 01:43:24,065 --> 01:43:33,074 Motion is approved for a $500 fine count three. All right. So the board must also determine 317 01:43:33,074 --> 01:43:38,312 the following. What is the respondents deadline to pay the fines imposed? The deadline. 318 01:43:38,312 --> 01:43:57,331 Yes, sir. Motion for 90 days. Motion bait for 90 days. Is there a second Our discussion 319 01:43:57,331 --> 01:44:12,146 question. Uh, There any time frame for what he's getting. Date. That would be within the 320 01:44:12,146 --> 01:44:31,165 90 days. You're good, okay? 90 days. The motion. Their seconds. Motion made and seconded into 321 01:44:31,165 --> 01:44:39,273 further discussion. What happens what happens if he doesn't pay the fine during this period of 322 01:44:39,273 --> 01:44:45,212 time, does it come back? Mr Lister, That will be our next discussion item. I'm sorry. 323 01:44:45,212 --> 01:44:59,226 Okay, have emotion. For 90 days. They want to find. All those in favor say Aye. Opposed like son 324 01:44:59,226 --> 01:45:08,068 being none. The motion for 90 days. Period to pay. The fine is approved. Next item the board 325 01:45:08,068 --> 01:45:18,345 myself to determine the penalty for the respondents failure to comply. Entertain a motion to 326 01:45:18,345 --> 01:45:28,122 revoke his license. Period of one year. For failure to comply. North. That's my motion. A 327 01:45:28,122 --> 01:45:58,152 second. Having a discussion. Where you can. Suspend or. The suspense. Mhm. The space. And 328 01:45:58,152 --> 01:46:15,135 change the motion to suspend For one year. Mr. Suspended over about that's right. So you can 329 01:46:15,135 --> 01:46:21,208 you can have cake and eat it too. So do keep in mind revocation of licenses, taking 330 01:46:21,208 --> 01:46:27,081 the way of his license. He would eat it to be reinstated if you were to revoke it. Suspension 331 01:46:27,081 --> 01:46:30,317 only suspends the license. There wouldn't be no further documentation when that 332 01:46:30,317 --> 01:46:43,063 suspension is lifted. Think the suspension is a little bit more favorable to him. Mr Chairman. 333 01:46:43,063 --> 01:46:57,244 Um. It appears these things are significant. The chair before the board. And. I mean, I have a 334 01:46:57,244 --> 01:47:03,083 big heart, but at the same time, there's gotta be some teeth. My opinion. To some of this stuff 335 01:47:03,083 --> 01:47:11,258 because We've seen this. I knew this board. I've seen this for years. And Um, you have a 336 01:47:11,258 --> 01:47:21,068 suggestion. It's a tough thing. To make this kind of decision, but there needs to be some teeth 337 01:47:21,068 --> 01:47:26,173 to it. And I understand. If you put somebody out of business, then they can't You know that 338 01:47:26,173 --> 01:47:33,180 you At the same time. If there's a pattern here that more people are going to get hurt. In 339 01:47:33,180 --> 01:47:43,157 public. So it's kind of a. I guess I do want to be a little more teeth to this. Yes, sir. Do 340 01:47:43,157 --> 01:47:48,362 we have record of how many open permits Our poll under The cost construction. Either in the city 341 01:47:48,362 --> 01:47:57,037 or in the county. It would take a few minutes for me to pull that data up for you. I mean, if 342 01:47:57,037 --> 01:48:02,076 you want me to, I don't have it readily available right now. Just something to consider. 343 01:48:02,076 --> 01:48:11,285 Right now we have a motion to suspend for a year. Suspend for the year pending if you cannot 344 01:48:11,285 --> 01:48:20,160 comply with the fines, correct if he does not Make his payment within 90 days. I mean, that was 345 01:48:20,160 --> 01:48:28,068 what that's what we were we he's got 90 days to pay If he fails to pay we suspended. No this is 346 01:48:28,068 --> 01:48:36,143 so this was if he fails to comply. This is what will happen. Okay? Everybody clear on 347 01:48:36,143 --> 01:48:43,117 that if he fails to pay fines within 90 days. The system. His license is suspended for one 348 01:48:43,117 --> 01:48:57,297 year. Clear. All those in favor say Aye. Opposed, like sign. Being none the motion to suspend 349 01:48:57,297 --> 01:49:05,239 his life for failure to pay his fine is approved. At this time staff would request that the 350 01:49:05,239 --> 01:49:11,311 administrative costs, Um, also being reimbursed to the county. It's just to mail him his 351 01:49:11,311 --> 01:49:17,317 notices Those items. Entertain a motion to air them. Administrative costs make a 352 01:49:17,317 --> 01:49:22,356 motion to approve for processing. Make a motion made their second Motion made in 353 01:49:22,356 --> 01:49:32,232 second All those in favor say Aye. Opposed, like sign. Being none. The motion to air the 354 01:49:32,232 --> 01:49:38,338 administrative cost is approved. Thank you, sir. The next item. The board must also determine 355 01:49:38,338 --> 01:49:44,044 whether the board wishes to order restitution in the amount of financial loss suffered by 356 01:49:44,044 --> 01:49:50,084 the homeowner. There was a request but made by Mr Parade. There was a request by the 357 01:49:50,084 --> 01:50:04,164 homeowners for restitution of $125,000. Entertain the motion. That's the full amount for 358 01:50:04,164 --> 01:50:11,071 everything with the amount requested. His entire correct, Mr Gray. 21 20. If we Medium 1 359 01:50:11,071 --> 01:50:20,180 25. But and so on dollars Yes, Mr. We have 35 The five. But that's not including Find 360 01:50:20,180 --> 01:50:33,093 federal room. After additional costs of the range was 1 25 to 1. We can make it 150,000 based 361 01:50:33,093 --> 01:50:48,175 on receipts. Mr Chairman? Yeah. Hi. Sorry, Joey. Mr Chairman, in order for this board to impose 362 01:50:48,175 --> 01:50:52,379 any type of restitution that restitution amount must be supported by competent and 363 01:50:52,379 --> 01:50:58,051 substantial evidence. I have strong concerns based on the evidence that has been presented 364 01:50:58,051 --> 01:51:04,191 to this board. Whether any amount that this this board where you grant, um would Be 365 01:51:04,191 --> 01:51:13,100 sufficient to overcome appeal. Um the speculation of an amount between 1 25 and 150,000 is not 366 01:51:13,100 --> 01:51:19,106 competent, substantial evidence. Indeed, the evidence that was Presented his backup that was 367 01:51:19,106 --> 01:51:24,211 introduced into the record indicates payment was made both by the homeowners and by the 368 01:51:24,211 --> 01:51:29,416 insurance company. Um, to this board, in my opinion does not have enough evidence is enough 369 01:51:29,416 --> 01:51:36,089 specificity determine what actual amount The homeowners are out at this point. And so if 370 01:51:36,089 --> 01:51:45,132 this board were too Abide by the requests of the homeowner and impose. Let's say, 100 25,000, 371 01:51:45,132 --> 01:51:50,103 this board could be at risk of being overturned on appeal. When it comes to the restitution 372 01:51:50,103 --> 01:51:54,174 amount. I don't have any concerns with what's occurred up to this, but it's the 373 01:51:54,174 --> 01:52:00,380 restitution amount is giving me a little bit of part. Question Can we delay the decision on 374 01:52:00,380 --> 01:52:12,059 restitution amount pending. Pending certified statement. What the. The fact finding 375 01:52:12,059 --> 01:52:19,099 portion or the evidentiary portion of the quasi judicial hearing is already over. Um So I 376 01:52:19,099 --> 01:52:24,171 mean, if there if there were a time for the homeowner to prove the exact amount that would have 377 01:52:24,171 --> 01:52:30,077 been during the evidentiary portion of the hearing that has already been concluded. So if 378 01:52:30,077 --> 01:52:37,017 this board were to deny the rest are denied imposing restitution , that's not going to foreclose 379 01:52:37,017 --> 01:52:45,058 any other possible legal remedies that the homeowner may have against. The contractor. 380 01:52:45,058 --> 01:52:50,497 But my concern is that if this board imposes any restitution amount today that that will be 381 01:52:50,497 --> 01:53:02,209 overturned on appeal. Okay? Yes. Your opportunity. Good evidence. Just trying to come up with 382 01:53:02,209 --> 01:53:10,050 stuff. He didn't give us any of that information. And we don't believe that everybody, but he 383 01:53:10,050 --> 01:53:16,123 did take our money. Agreeing with him that it couldn't be travel. Problem is he took our 384 01:53:16,123 --> 01:53:33,173 money. What he did. House. As you said, My concern is that, uh , the lack of specificity of an 385 01:53:33,173 --> 01:53:41,048 amount But when we say between 1 25 between 1 50 that is not That one that is speculative and it 386 01:53:41,048 --> 01:53:45,152 is not competent and substantial evidence. That's not saying that if the board were to do that, 387 01:53:45,152 --> 01:53:49,323 that Mr Lacoste would, uh, would appeal. But if he did, the restitution amount would be 388 01:53:49,323 --> 01:53:55,262 subject. To being overturned. That is my concern as the council for this book The 389 01:53:55,262 --> 01:54:06,406 question. If we decided to do it. And it was appealed. It would be the honest would be on 390 01:54:06,406 --> 01:54:16,083 the, uh, on the homeowner to prove it. Uh, well, On appeal the quasi judicial proceeding 391 01:54:16,083 --> 01:54:21,254 the appellant in this case would be Mr Lacoste would have to prove that he received you 392 01:54:21,254 --> 01:54:26,360 process. It's my understanding that he was Provided notice, but he could not be here today. They 393 01:54:26,360 --> 01:54:32,099 would also be able to appeal whether this Board departed from the essential requirements Law. 394 01:54:32,099 --> 01:54:38,205 So did it followed the law, both state and county code, and the third is was this board's 395 01:54:38,205 --> 01:54:42,209 decision supported by competent and substantial evidence? That's where my concern comes in. If 396 01:54:42,209 --> 01:54:50,083 this board were too Issue of restitution amount that that amount may not be supported by 397 01:54:50,083 --> 01:54:56,223 confidence. Substantial evidence, Okay? There is still the civil remedy. Yes they're 398 01:54:56,223 --> 01:55:00,327 available Action that's taken by this board today with quote, foreclose any civil remedies, 399 01:55:00,327 --> 01:55:07,067 the homeowners. Are they? Are you all currently are y'all curtains? Are they currently in 400 01:55:07,067 --> 01:55:21,148 litigation or any type of civil? Nothing we're doing okay? Waiting 20. Proving that We 401 01:55:21,148 --> 01:55:39,199 paid. We've had all along as he is. Rationing sent us. Through $4700 or an insurance. All day 402 01:55:39,199 --> 01:55:46,473 long, but it's still not proof. Week days opportunity, but all this, he was given plenty of 403 01:55:46,473 --> 01:55:56,316 notice. He didn't do it. Dishes before its current since you. We still feel weird. We're not 100 404 01:55:56,316 --> 01:56:06,059 and $25,000. It's going to cost us that much more. He's done. But at least we know for a fact 405 01:56:06,059 --> 01:56:21,041 that we paid him hard. Bring the party to the free loss. Has this board made restitution 406 01:56:21,041 --> 01:56:28,081 requirement before just more made of restitution requirement before This board has previously 407 01:56:28,081 --> 01:56:34,087 required restitution be made on previous cases. Was it supplemented with a documentary 408 01:56:34,087 --> 01:56:41,228 and they the homeowner had provide, um Physical evidence of the money that they were out. 409 01:56:41,228 --> 01:56:55,075 Yes. Mr Grayson. We must agree. Says we do you mean the insurance company and yourself? 410 01:56:55,075 --> 01:57:03,283 Ensure. My father started playing insurance on this house back in 1948. So when we say 411 01:57:03,283 --> 01:57:13,126 insurance money Really your money that insurance company told us. Insurance company, Mr. 412 01:57:13,126 --> 01:57:20,133 Gray Mr Gray. If you can step to the podium, they're having trouble hearing It's on. Oh 413 01:57:20,133 --> 01:57:26,339 insurance Company paid us some money upfront before we got Mr Carlson volume. Then when we 414 01:57:26,339 --> 01:57:31,278 assigned the assignment of benefits, we gave him the remaining money that we had 415 01:57:31,278 --> 01:57:37,617 because we had to pay for taking a tree off the roof and getting it at us Putting a tarp on which 416 01:57:37,617 --> 01:57:43,089 did not Our talk didn't fail. It was his that failed. Uh, And he did, and there were supplemental 417 01:57:43,089 --> 01:57:48,094 claims to that. And so, yes, the insurance company did make some additional payments past the 418 01:57:48,094 --> 01:57:55,068 original, but As far as who's out the money. You know, it was our money. If we've done it 419 01:57:55,068 --> 01:57:59,172 right, we would have got the money and then just not gone this assignment of benefits and 420 01:57:59,172 --> 01:58:05,145 just done it on the draw basis like a bank does, But we Made a huge mistake. And this is a 421 01:58:05,145 --> 01:58:11,084 result of it. And so we're here that You know, And as far as litigation, there is litigation 422 01:58:11,084 --> 01:58:20,093 out there. But it's not my place to tell you who's who's doing that. Yes, ma'am. Thank you. 423 01:58:20,093 --> 01:58:28,101 Your recommendation is No restitution. Mr Chairman, I cannot make a recommendation. 424 01:58:28,101 --> 01:58:33,306 I'm just advising you my concerns. Um And if you were to take a certain action, what 425 01:58:33,306 --> 01:58:41,214 could what this board can expect in terms of course I would. Represent this board and Are you 426 01:58:41,214 --> 01:58:56,096 on behalf of whatever this is whatever decision is made. Council. Yes. But As far as, uh. Uh civil matter can be 427 01:58:56,096 --> 01:59:02,068 resolved on this in court, right? And it wouldn't tiles into it at all. That is correct 428 01:59:02,068 --> 01:59:09,142 . Any action taken by this board today is not going to Prevent or foreclose any, uh, pending or 429 01:59:09,142 --> 01:59:19,152 future civil action between the homeowners and the contractor. Yeah. Have a question in the 430 01:59:19,152 --> 01:59:29,362 motion. Concerning restitution at this time. Entertain a new motion. Yes. Have a question if 431 01:59:29,362 --> 01:59:36,236 the owner was to present Canceled checks Whatever. Like it was mentioned before evidence 432 01:59:36,236 --> 01:59:46,079 of what was paid. With that constitute what constitutes as knowing how much money would be. 433 01:59:46,079 --> 01:59:50,417 Yes that that could constitute confidence, substantial evidence , and I do believe some of that 434 01:59:50,417 --> 01:59:57,490 is in the back up. Which was admitted into the record is part of evidence for this hearing. My 435 01:59:57,490 --> 02:00:03,096 point is that any restitution amount must be based on the Evidence that is before this 436 02:00:03,096 --> 02:00:09,302 board. So if that means this board needs to Calculate that amount. Then that's what needs 437 02:00:09,302 --> 02:00:16,076 to occur. It's just you cannot. I would caution the board against accepting her ordering a 438 02:00:16,076 --> 02:00:22,148 blanket 1 25 blanket 1 50. The amount of restitution that is ordered must be based on the 439 02:00:22,148 --> 02:00:32,125 evidence that is before this board. The purpose of restitution is to make the. The 440 02:00:32,125 --> 02:00:39,099 party who lost hope It's not to provide some gain or benefit to the homeowner. Okay, counselor. 441 02:00:39,099 --> 02:00:50,076 Can we postpone their decision on this pending a. And accountability of what is To be 442 02:00:50,076 --> 02:00:55,348 restored. Not have a concern with that, if you want to move it to the next meeting, so the 443 02:00:55,348 --> 02:01:00,353 board can continue to review all the evidence that is currently in the record. Entertainment 444 02:01:00,353 --> 02:01:07,160 emotion postponed a decision on restitution to the following meeting to allow the staff to 445 02:01:07,160 --> 02:01:13,099 come up with the recommendation on the amount of restitution. It's authorized. It's a motion. 446 02:01:13,099 --> 02:01:23,176 Second And the discussion. Big None. All those in favor say Aye opposed life side being none. 447 02:01:23,176 --> 02:01:29,149 The motion to approve The delayed discussion of restitution until the facts are 448 02:01:29,149 --> 02:01:35,088 known, and our final item for this case, the board must also issue a recommendation to the 449 02:01:35,088 --> 02:01:40,160 construction industry Licensing board. That's the state's board. It is recommended. Recommended 450 02:01:40,160 --> 02:01:45,465 penalty may include a recommendation for no further action or a recommendation for 451 02:01:45,465 --> 02:01:52,238 suspension revocation or restriction of the registration or a fine to be levied by the 452 02:01:52,238 --> 02:02:08,087 board or a combination thereof per Florida statute. 49. 1 31 7 C. 453 02:02:08,087 --> 02:02:15,361 And we just report what we decided to do. To the board. Hmm. If you wish to only report 454 02:02:15,361 --> 02:02:21,234 what you decided to do than your recommendation to that board would be no further action. If 455 02:02:21,234 --> 02:02:27,340 you wish for that board to also take action. You would select one of the others. We've done a 456 02:02:27,340 --> 02:02:41,221 lot so far. We won't say no further action to the board. Motion for no purpose. Motion 457 02:02:41,221 --> 02:02:50,096 made no further action by the Construction industry licensing board. Have a second Second. 458 02:02:50,096 --> 02:02:56,302 Motion made and seconded and in discussion. Big nut. All those in favor say Aye. Posed like 459 02:02:56,302 --> 02:03:05,078 son. Big none. The motion for no further action to construction Industry licensing board is made 460 02:03:05,078 --> 02:03:16,322 and approved. All right, sir. We will move into Matthew s banks doing business as banks 461 02:03:16,322 --> 02:03:26,065 Construction LLC. State registered license Number R r 282812001. Contractor Competency 462 02:03:26,065 --> 02:03:33,072 Board complaint 220213. O M. It's in regard to Jennifer and Eugene Stone Homeowners 463 02:03:33,072 --> 02:03:41,214 complainants at 46 50 Francisco. That's also in the city limits of Pensacola, Florida If you are 464 02:03:41,214 --> 02:03:55,228 here to provide testimony Yes, sir. Sorry, sir. My name is David Bryan to 7 to 5. Black 465 02:03:55,228 --> 02:04:01,334 would drive Cantonment, Florida. Um we are part of the Public Forum address, and there's a 466 02:04:01,334 --> 02:04:06,172 group of us There's actually multiple different cases that we're all here to speak about 467 02:04:06,172 --> 02:04:13,346 Matthew Banks and what's going on. Um we would We appreciate the board's, uh, motion to put 468 02:04:13,346 --> 02:04:19,085 the public form at the end, but I think what we all have to say, is something that applies to the 469 02:04:19,085 --> 02:04:24,057 next four cases. Matthew Banks. So we'd like to perhaps ask the board. We can move that public 470 02:04:24,057 --> 02:04:31,064 address. So that we have been comments made concerning these cases by this group could not be 471 02:04:31,064 --> 02:04:39,138 considered by this board. There are public forum. We cannot consider it because that's not 472 02:04:39,138 --> 02:04:46,179 that's not Evidence. It's not about these particular cases. It's about our own cases. It's 473 02:04:46,179 --> 02:04:51,484 not about our cases are not your cases or not before this board. Gotcha. Okay. All right. Thank 474 02:04:51,484 --> 02:04:57,223 you. Your cases have to come before this board for us to consider any kind of evidence 475 02:04:57,223 --> 02:05:12,271 that you would present Okay? My name is Jenny Anderson. My address is 3036 Coral Strip 476 02:05:12,271 --> 02:05:19,112 Parkway, Santa Rosa County, Florida. Uh while our cases are not before this board, there's a 477 02:05:19,112 --> 02:05:24,350 public forum in order to inform you as the board and that's what we're asking to do for you to 478 02:05:24,350 --> 02:05:30,223 hear our cases that will be heard in other forums. Um in advance of hearing Mr Banks 479 02:05:30,223 --> 02:05:36,162 disciplinary hearing. That could be influenced the decisions thing of the board as to these 480 02:05:36,162 --> 02:05:44,037 cases in which cannot do that. We've already voted to move that to the end of the day have to 481 02:05:44,037 --> 02:05:49,075 consider the evidence presented in this case in this case only. Absolutely. I'm not asking you 482 02:05:49,075 --> 02:05:55,081 to comments from anybody else. I'm not asking you at all to not Here's these cases, but we 483 02:05:55,081 --> 02:06:02,021 cannot risk you're coming up before us and influencing the board. Before we hear the cases. 484 02:06:02,021 --> 02:06:11,831 Understood. Thank you, sir. If you are here to provide testimony on this item, if you 485 02:06:11,831 --> 02:06:29,048 could please stand and be sworn in. 486 02:06:30,083 --> 02:06:35,154 Alright from the Ministry of Complaint. I'm going to skip one because it's the same Burbage as 487 02:06:35,154 --> 02:06:40,059 previous administrative complaints. Respondent is a state registered residential 488 02:06:40,059 --> 02:06:48,201 contractor having been issued license number R R 2828. 12001 licensed in his Scampia County, 489 02:06:48,201 --> 02:06:55,741 Florida. Respondents address of record record is 10370. Pensacola Boulevard. Pensacola, 490 02:06:55,741 --> 02:07:03,316 Florida 3 to 534. Respondent is subject to regulation by the board. Eugene and Jennifer 491 02:07:03,316 --> 02:07:08,254 Stone, hired respondent to repair and remodel their vacant residents located at 46. 50 492 02:07:08,254 --> 02:07:15,061 Francisco Road. Pensacola Florida 3 to 504. The sustained damage from water intrusion 493 02:07:15,061 --> 02:07:24,137 termites. The total cost for the remodel was $63,380 on June 26th 2020 homeowner executed the 494 02:07:24,137 --> 02:07:32,078 contract with respondent and paid respondent an initial payment of 26,000. $440. Work 495 02:07:32,078 --> 02:07:41,087 commenced on the termite damaged area on October 7th 2020. On October 12th 2020. The contract 496 02:07:41,087 --> 02:07:46,359 was revised to include the replacement of 27 windows and the residents and homeowners 497 02:07:46,359 --> 02:07:53,299 made an additional $13,700 payment to the responding Respondent obtained a permit for 498 02:07:53,299 --> 02:08:00,072 the repair on January 14th 2021. Work on the project was intermittent, and the homeowners 499 02:08:00,072 --> 02:08:05,144 continually requested a completion date from the respondent. In March, 2021 the 500 02:08:05,144 --> 02:08:12,185 homeowners requested a complete financial accounting of the project in June, 2021. The 501 02:08:12,185 --> 02:08:16,088 homeowners requested a definitive timeline for completion of the project. 502 02:08:16,088 --> 02:08:20,226 Respondent provided the homeowners timetable of outstanding items and an 503 02:08:20,226 --> 02:08:26,332 approximate time required to complete the items. After noticing the type that timetable 504 02:08:26,332 --> 02:08:31,237 provided no approximate completion date, The homeowners again requested that the 505 02:08:31,237 --> 02:08:36,275 respondent provided completion date respondent provided the homeowners with a completion 506 02:08:36,275 --> 02:08:43,249 date in August, 2021. In August 2021 with the understanding that their project was near 507 02:08:43,249 --> 02:08:48,187 completion, according to the timetable provided by the respondent the homeowners sold 508 02:08:48,187 --> 02:08:52,091 their home in Baton Rouge, Louisiana, and moved to Pensacola, Florida to reside and 509 02:08:52,091 --> 02:08:57,196 they're repaired home. Upon arrival, the homeowners realized that the project was not near 510 02:08:57,196 --> 02:09:03,336 completion. The homeowners moved into the one untouched room in the home and continue to wait 511 02:09:03,336 --> 02:09:08,207 for the completion of the project. After further delays and still incomplete project 512 02:09:08,207 --> 02:09:14,080 homeowner filed a complaint with the board in December. 2021. Notice of the probable cause 513 02:09:14,080 --> 02:09:18,284 hearing was sent to the respondent at his address of record via certified mail with 514 02:09:18,284 --> 02:09:25,091 return receipt requested responded attended the probable cause hearing on March 2nd 2022. 515 02:09:25,091 --> 02:09:30,196 As a probable cause. Hearing the board heard testimony from a Scandia County building Services 516 02:09:30,196 --> 02:09:36,135 department staff. The city of Pensacola building official the homeowner and the respondent The 517 02:09:36,135 --> 02:09:41,140 board also considered documentary evidence pertinent to the issues. The testimony and 518 02:09:41,140 --> 02:09:45,211 evidence showed that the homeowners made initial payment to the respondent on June 26 519 02:09:45,211 --> 02:09:53,352 2020. Work commenced on the project on October 7th 2020 on October 12th 2020. The contract 520 02:09:53,352 --> 02:10:00,226 was revised to include the replacement of 27 windows. Responded obtained permit for 521 02:10:00,226 --> 02:10:07,333 the repair on January 14th 2021 202 days after receiving and the initial payment and 99 days 522 02:10:07,333 --> 02:10:14,073 after work commenced in October. The project was slow moving with inter minute work being 523 02:10:14,073 --> 02:10:21,080 performed. Homeowners requested a definitive completion date for timing of their relocation. 524 02:10:21,080 --> 02:10:28,354 Respondent provided a completion date in August. 2021 as of the March 2nd 2022 probable cause 525 02:10:28,354 --> 02:10:33,359 hearing responded had not completed the project. The board determined that there was 526 02:10:33,359 --> 02:10:40,099 probable cause to believe responded violated a scheme. Be county code section 18 37 c 11. 527 02:10:40,099 --> 02:10:50,076 Section 18 37, D 15, A and Florida statutes for 89 1 26 to a one. A skinny county code 528 02:10:50,076 --> 02:10:56,382 section 18 37 c 11 provides that a code violation results from finding that a contractor is 529 02:10:56,382 --> 02:11:01,354 guilty of fraud or deceit or gross negligence, incompetency or misconduct in the practice of 530 02:11:01,354 --> 02:11:10,096 contracting. The penalty guidelines for violating code section 18 37 c 11 100 to $5000 531 02:11:10,096 --> 02:11:18,070 fine and such other penalty as provided in his skinny county code section 18 37. Respondent 532 02:11:18,070 --> 02:11:24,043 violated Escambia County Code section 18 37 c 11. By failing to complete the construction 533 02:11:24,043 --> 02:11:31,083 project as of March, 2022. Seven months after the provided completion date and 21 months 534 02:11:31,083 --> 02:11:39,191 after the contract, X execution. A skinny county code section 18 37, d 15 8 provides that a code 535 02:11:39,191 --> 02:11:44,230 violation Results from late permits Contractor pools permit after starting job prior to 536 02:11:44,230 --> 02:11:50,336 completion of same And does not miss any inspections. The penalty guidelines for violating 537 02:11:50,336 --> 02:11:58,144 code section 18 37 D 15. A $100 fine. Respondent violated Escambia County Code section 18 538 02:11:58,144 --> 02:12:03,315 37 D 15 a by obtaining the required permitting three months after commencing work on the 539 02:12:03,315 --> 02:12:12,091 project. Skinny county code section 18 37 D 13 c to provide cold violation results from 540 02:12:12,091 --> 02:12:18,230 violation of any provisions of Chapter 4 89 part one Florida statutes as amended. Florida 541 02:12:18,230 --> 02:12:24,236 statutes 49 1 26 to a one provides a contractor who receives as initial payment 542 02:12:24,236 --> 02:12:29,375 money totaling more than 10% of the contract price for repair. Restoration improvement or 543 02:12:29,375 --> 02:12:35,347 construction to residential real property must apply for permits necessary to do work within 30 544 02:12:35,347 --> 02:12:42,087 days after the date payment is made. Apparently used guidelines for violating Escambia County 545 02:12:42,087 --> 02:12:51,397 Code section 18 37 D 13. C two. Norris follows $502,000 fine. Respondent violated Florida 546 02:12:51,397 --> 02:12:58,304 Statute. 4 89 1 26 to a one by applying for appropriate permitting 200 days after 547 02:12:58,304 --> 02:13:04,176 receiving the initial payment from the homeowners. Accordingly respondent violated a skinny 548 02:13:04,176 --> 02:13:14,253 county code section 18 37 d 13. C two by violating for a statute 49 1 26 to a one. It's my 549 02:13:14,253 --> 02:13:37,209 understanding that both parties are president for this hearing. Are you here? This thing. Thank 550 02:13:37,209 --> 02:13:48,087 you. My name is Jennifer Stone. Um, live it. 46 50 Francisco Red. Pensacola Florida 3 to 53. 551 02:13:48,087 --> 02:14:01,333 Um. I'll keep my remarks as short as possible. Um, but Mr Banks Has. Made numerous 552 02:14:01,333 --> 02:14:10,175 promises. Numerous written promises to me over the years. It's a systematic approach, and 553 02:14:10,175 --> 02:14:16,215 I say years because this has been going on for years. We entered into a contract with Mr 554 02:14:16,215 --> 02:14:25,057 Banks to repair our house. Um June 26th, 2000 and 20. That's nearly two years ago. We're 555 02:14:25,057 --> 02:14:33,399 about we're in June of 2020 22 right now. Mr Banks makes false pretenses of work that's going 556 02:14:33,399 --> 02:14:38,337 to be done in the future. He tells you He's going to finish your house. He's going to do it 557 02:14:38,337 --> 02:14:44,243 on a certain date. He's going to be there. Just last week, I was told By three emails to three 558 02:14:44,243 --> 02:14:48,380 emails from his employees. That employee would be at my house last Friday to assess my house. 559 02:14:48,380 --> 02:14:59,191 Nobody showed up. Never saw him. Mr Banks has $70,000 over 70,000 of my money. Um and then he was 560 02:14:59,191 --> 02:15:05,230 supposed to repair as the charges say, um, we gave him a 50% deposit. The first check we 561 02:15:05,230 --> 02:15:13,138 gave him was June 26, 2000 and 20. They began work. October, 7th. During that week, which was 562 02:15:13,138 --> 02:15:19,111 the first week of the job. Matt and I negotiated on having the windows replaced in our house. 563 02:15:19,111 --> 02:15:24,183 We wanted hurricane windows because I'm old and I don't want to be worried about it. So We 564 02:15:24,183 --> 02:15:34,159 gave him a check for 13,700 that project that second invoice for Windows was 27,400. We gave him 565 02:15:34,159 --> 02:15:42,334 another 50% deposit 13,700. Mr Banks did not order those windows until January. So he had 566 02:15:42,334 --> 02:15:48,073 the money for three or four months before he ordered the supplies needed. He also did not 567 02:15:48,073 --> 02:15:56,148 file for a permit. He did not apply for the permit. And when he did apply for the permit, he 568 02:15:56,148 --> 02:16:04,123 applied with false information. The city has confirmed to me that Mr Banks filed for a permit 569 02:16:04,123 --> 02:16:07,459 for $15,000 to repair the termite wall into place insulation in the a frame, which 570 02:16:07,459 --> 02:16:13,232 is the one room that he filed for a permanent My home reconstruction was three 571 02:16:13,232 --> 02:16:20,205 bathrooms, adjustments, my kitchen, take down a wall and take down two walls. Fix the 572 02:16:20,205 --> 02:16:26,078 termite wall. Fix the A frame installed the windows when Mr Banks applied for the permit 573 02:16:26,078 --> 02:16:34,353 with the city in January, he was well aware that his two permits Were $90,000. He applied for 574 02:16:34,353 --> 02:16:41,260 15,000. That is Blatant fraud against the city of Pensacola because he knew that he was 575 02:16:41,260 --> 02:16:46,365 going to have to pay an additional fee if he had a charge if he'd given the city 576 02:16:46,365 --> 02:16:56,208 the full amount. Mr Banks failed. To um, have any work done for that permit? Um for six 577 02:16:56,208 --> 02:17:05,150 months, and that permit that was for one room. Expired April 17th, 2000 and 22. March 2nd you 578 02:17:05,150 --> 02:17:11,256 asked Mr Banks. When are you going to do something about this ? And this invoice? These these 579 02:17:11,256 --> 02:17:17,062 permits. And he said, I'm going to leave here right away. I'm gonna go check on these permits 580 02:17:17,062 --> 02:17:21,700 because I know we have a window permit. He didn't have a windows permit. I called the city 581 02:17:21,700 --> 02:17:26,305 because I'm concerned as a homeowner. What am I going to be held liable for? These windows 582 02:17:26,305 --> 02:17:33,178 have been in place for over a year. If they're not inspected. Am I the person that's going to 583 02:17:33,178 --> 02:17:40,085 be charged because they're not inspected? I spoke to the city. Building people. They informed 584 02:17:40,085 --> 02:17:45,257 me that I had three options. I could fire Mr Banks. I could park my project. I could hire 585 02:17:45,257 --> 02:17:53,065 somebody else. My whole object is get my house done. I mean, I'm not trying to be 586 02:17:53,065 --> 02:18:00,205 unreasonable, but two years and we don't have one room completed, Not one room. He's I 587 02:18:00,205 --> 02:18:07,446 also stood before you and March 2nd. 2000 and 22. I asked. I had provided an accounting of 588 02:18:07,446 --> 02:18:14,286 expense. Mr Banks told this board he would within 48 hours provide me an accounting of 589 02:18:14,286 --> 02:18:19,258 expense. That was another lie to the sport. Nine days later, Mr Banks provided me an Excel 590 02:18:19,258 --> 02:18:28,100 spreadsheet. One of his employees emailed it to me. Mr Banks is Stated that he spent. 591 02:18:28,100 --> 02:18:37,309 So far on my project 4 107,089 50. I'm going to tell you that I'm only gonna detail a few 592 02:18:37,309 --> 02:18:45,284 items in that That is erroneous . I mean, Mr Banks said he paid 5700 per countertops. Mr. Banks 593 02:18:45,284 --> 02:18:50,222 did not pay 5700 for countertops. I can provide you the checks that show I paid 594 02:18:50,222 --> 02:18:56,261 that. Mr Banks. I live in the city. I'm not contractor. We established that the last time I 595 02:18:56,261 --> 02:19:04,136 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 596 02:19:04,136 --> 02:19:11,076 on public utilities. Mr. Banks charged me $850 for a septic tank. I'll have a subject tank. 597 02:19:11,076 --> 02:19:17,082 There's no septic tank men on my property. There's no need for me to have a septic tank. Mr Banks 598 02:19:17,082 --> 02:19:27,159 also charged me. Um, for three lifts. For them to install the windows. The first line item on 599 02:19:27,159 --> 02:19:35,033 his Excel spreadsheet is Windows 27,400. That is the total invoice sport price of that 600 02:19:35,033 --> 02:19:39,338 project. I might not know account of contracting, but I didn't know accounting, and I do 601 02:19:39,338 --> 02:19:45,077 understand. That that invoices to cover the full cost of that project. That's what we agreed 602 02:19:45,077 --> 02:19:51,216 to pick down way below. On his accounting. He starts charging for lifts, three lifts, We had 603 02:19:51,216 --> 02:19:57,222 two lifts, You need to double dipping. So those three lifts are an additional 1500. I don't 604 02:19:57,222 --> 02:20:06,064 have the breakdown for that number. Right right this moment , but he you can't charge 24,700 605 02:20:06,064 --> 02:20:12,170 for the window project and then stick the window. The lifts down here as additional costs When 606 02:20:12,170 --> 02:20:19,077 you didn't have anything to do with the rest of the house, they were all part of the windows. Um 607 02:20:19,077 --> 02:20:26,118 The windows still to this day have not been inspected. And that's worse. Um to me because I 608 02:20:26,118 --> 02:20:31,323 don't know how to get them inspected. I mean, it's I'm afraid I want them. I don't want 609 02:20:31,323 --> 02:20:36,328 to be held liable for that. I want them expect. I want those to be inspected and cleared. So 610 02:20:36,328 --> 02:20:42,067 that we can go ahead and move forward. The only activity that has taken place at my house 611 02:20:42,067 --> 02:20:46,338 since March 2nd was this Mr Banks sent hired a subcontractor to come in. To do Sheetrock 612 02:20:46,338 --> 02:20:55,180 work. Thank you, Lord Jesus. I now have walls. Do you have walls, but they don't have paint 613 02:20:55,180 --> 02:20:59,318 on those, and I don't have window trim on any of the a frame because those windows 614 02:20:59,318 --> 02:21:06,091 aren't inspected. My husband and I have started putting the house back together because We don't 615 02:21:06,091 --> 02:21:11,229 know when banks construction or if banks construction is going to show back up at our house, 616 02:21:11,229 --> 02:21:21,073 it's been two years. And it's. It's just heartening. I'm living in one room. One room the size 617 02:21:21,073 --> 02:21:30,082 of a hotel room. For going on 200 mean nine months. You know, I love my husband's death. But 618 02:21:30,082 --> 02:21:35,153 you know, we need a little space and I bought this house so that I would have space, but it's not 619 02:21:35,153 --> 02:21:45,163 being put back together. Um. Okay I mean, the last day that work was done in my house was 620 02:21:45,163 --> 02:21:52,137 march 11th. I will say, Mr Banks. I called Mr Banks are text, Mr Banks his protocol as 621 02:21:52,137 --> 02:21:58,076 you text him your name and phone number in your address so that he knows the project if you need 622 02:21:58,076 --> 02:22:06,318 to talk to him. On good Friday. Um. April 15th. I sent him a text did not expect to hear back 623 02:22:06,318 --> 02:22:12,324 from him because usually you don't get an answer, but he much to my shock and amazement. He 624 02:22:12,324 --> 02:22:17,396 called me and he's like, what do you need, And I'm like What are you gonna do with my project? 625 02:22:17,396 --> 02:22:23,101 It's been a month and a half. I haven't heard anything from anybody. His response to me is 626 02:22:23,101 --> 02:22:28,073 have somebody be in touch with you by the end of the day. The end of the day. I got an email. 627 02:22:28,073 --> 02:22:32,077 Five o'clock saying I'm sending somebody to your house to do your style and your master 628 02:22:32,077 --> 02:22:40,085 bathroom on April 25th. And I just wrote back and said that's good. The permit expires April 629 02:22:40,085 --> 02:22:47,159 17th. Which was Sunday, Easter Sunday. Their response was, I'll let the permitting office no. 630 02:22:47,159 --> 02:22:55,367 The permit expired. They didn't get it fixed right away. As I said March 2nd, they didn't get 631 02:22:55,367 --> 02:23:02,140 it fixed by the expiration date of April 17th. They finally got it fixed in having new updated 632 02:23:02,140 --> 02:23:09,081 permanent issued April 28th, which do does include the bathrooms that need to be 633 02:23:09,081 --> 02:23:14,086 remodeled in the windows that were in, but the windows again have still not been inspected. 634 02:23:14,086 --> 02:23:26,098 Um. You know the first charge Mr Banks is on is the fraud and deceit charge. That's because 635 02:23:26,098 --> 02:23:31,236 We've been a year in and I started pushing and pushing and pushing to get a timeline, and I 636 02:23:31,236 --> 02:23:37,075 was given an excel spreadsheet that showed all the items that had to be done in the weeks 637 02:23:37,075 --> 02:23:42,247 we're done and Matt came to my house That was in April. Of 2000 and 20, and I showed it to him 638 02:23:42,247 --> 02:23:47,319 and he said, I'll have within two days. You'll have one that has states and I got one that 639 02:23:47,319 --> 02:23:52,157 had dates and it was the completion date on the project was August the end of August of 640 02:23:52,157 --> 02:24:01,099 2000 and 21. We sold our house. We moved. We showed up. Literally. I had a U haul in the 641 02:24:01,099 --> 02:24:09,107 I went eight crazy Mr Banks had not done what he said he was going to do. I show up with a 642 02:24:09,107 --> 02:24:15,147 four bedroom U haul. Full four bedrooms worth of furniture, no place to put it trash in the 643 02:24:15,147 --> 02:24:21,186 floor. From where? In the house where they have demoed. There are live electrical wires that 644 02:24:21,186 --> 02:24:26,424 if I walk out the one room I'm hitting live electrical wires, which, frankly, I don't really 645 02:24:26,424 --> 02:24:32,130 think it's a good thing. And then there's mounds of dirt for me to get into. The closets to 646 02:24:32,130 --> 02:24:37,302 the only bedroom, the master closet. We had to walk over mounds of dirt. That's not 647 02:24:37,302 --> 02:24:43,275 proper care, duty and care of the responsibility of a builder. They need to be more he needs to 648 02:24:43,275 --> 02:24:53,051 be held accountable. It would be one thing if Mr Banks was a week a month. Two months, making some 649 02:24:53,051 --> 02:25:00,058 effort to complete my house. Mr Banks is not. I mean, he's got a lot of projects. I don't know 650 02:25:00,058 --> 02:25:06,031 the number. I don't know how to pull the report. I wanted to know how to pull the report. But 651 02:25:06,031 --> 02:25:10,135 I don't know how to pull how many permits he has. But he has a lot. It's nine months past the 652 02:25:10,135 --> 02:25:16,107 do Blake. When they started sheet rocking and actually making some progress prior to 653 02:25:16,107 --> 02:25:24,216 the March hearing. Mr Banks showed up at my house and he wanted to draw and I told him no 654 02:25:24,216 --> 02:25:28,286 , I don't have a second working toilet, for God's sakes. I'm not giving you a draw. But I gave 655 02:25:28,286 --> 02:25:34,359 him a draw only because he, he said, Let's make a deal and I didn't want the subcontractors 656 02:25:34,359 --> 02:25:44,069 to put a lien on my house, so I gave him a second. Game and draw for $12,000. So Mr Banks has the 657 02:25:44,069 --> 02:25:50,208 grand total of 70,000 of our money. The accounting of expenses that he gave us showed 658 02:25:50,208 --> 02:26:00,118 107 is wrong. I've looked at it . I will tell you. I I'm a bank examiner for the F D. F C and 659 02:26:00,118 --> 02:26:05,056 have been for 36 years. I am a subject matter. Expert and fraud. I have looked at this 660 02:26:05,056 --> 02:26:10,295 record I have analyzed these records gives no invoices have tried to obtain the invoices so 661 02:26:10,295 --> 02:26:17,068 I could substantiate the numbers his c P A, who was his chief financial officer. Gave me 662 02:26:17,068 --> 02:26:23,241 numbers, but they don't support the 27,400 that he just showed for the Windows alone. It should 663 02:26:23,241 --> 02:26:32,284 13,000 So there's some $12,000 different that I can't adjust you. Um. When Mr Banks got me to 664 02:26:32,284 --> 02:26:38,256 give him that draw. He gave me a text message because his contract states any adjustments 665 02:26:38,256 --> 02:26:44,062 has to be in writing. So I said, Put it in writing. He sent me a text message to said. Starting 666 02:26:44,062 --> 02:26:50,101 Monday. This was October. 18th in the documents is the very last or next to the last text 667 02:26:50,101 --> 02:26:59,077 message from Mr Banks that stated He would begin on Monday, October of 20. One to move 668 02:26:59,077 --> 02:27:04,282 forward on the right side of my house to bring it to a completion. There's two 669 02:27:04,282 --> 02:27:09,054 bathrooms on the right side of the house and two bedrooms. Those are not complete. Mr 670 02:27:09,054 --> 02:27:16,061 Banks's Cabinet man. He owned one bathroom is missing the vanities doors. In completion. 671 02:27:16,061 --> 02:27:26,304 And it's still missing. I have spent over $1500 buying. Things to repair the work that he has 672 02:27:26,304 --> 02:27:36,214 done. What do I expect from this board? I would like for you. To, um. Revoke Mr Banks's license 673 02:27:36,214 --> 02:27:43,054 suspended do something to stop allowing him to pray. Pray on the good citizens of this 674 02:27:43,054 --> 02:27:48,293 community. I mean, he's going around. He's continuing to make contract. He's making 675 02:27:48,293 --> 02:27:54,065 commitments and he's not hearing he's not that I want my house done. I also would request 676 02:27:54,065 --> 02:28:02,140 restitution. I looked at his numbers I can justify about 40,000 of his money of my 70. So 677 02:28:02,140 --> 02:28:10,081 there's $30,000 that I'm missing plus the 5700 that I paid towards the countertop the 1500 678 02:28:10,081 --> 02:28:17,088 that I paid to buy new crown molding, and she not to mention the hours of painting the hours. 679 02:28:17,088 --> 02:28:23,294 I'm not a contractor, but I've been painting and you know, having to listen to my husband 680 02:28:23,294 --> 02:28:31,069 describe everything that he wants while he's putting things together. Um You know? I think 681 02:28:31,069 --> 02:28:38,376 Mr Banks has been off more than he's to continue. I think he's deceitful, and he's just lying 682 02:28:38,376 --> 02:28:43,248 to everybody to keep to address Who's going to be the loudest One that's complaining the 683 02:28:43,248 --> 02:28:50,188 loudest And I respectfully request that you Provide restitution and do something to 684 02:28:50,188 --> 02:28:56,127 stop this. I mean, we're at 82 days. I have seven more days before I can declare 685 02:28:56,127 --> 02:29:04,436 abandonment. Um. Those are my prepared remarks. Well no, not really. It really didn't stick 686 02:29:04,436 --> 02:29:09,140 to what I was going to say anybody has any questions or comments? I'll be happy to try 687 02:29:09,140 --> 02:29:17,215 to address them. Thank you. Q Ms Banks. Do you have any comments? Gave it short. Keep it. To the 688 02:29:17,215 --> 02:29:27,192 point. Um. Miss Stone is writing a lot of things, she said. Um As far as owner project. We're 689 02:29:27,192 --> 02:29:32,197 still under contract, and she would like to remove us didn't understand that as far as of the 690 02:29:32,197 --> 02:29:38,136 accounting that was done. When I came to this initial complaint hearing and reps in reference to 691 02:29:38,136 --> 02:29:43,308 the four people here, um they're counting that was done. All those things done was done by my 692 02:29:43,308 --> 02:29:48,246 company. But it wasn't done with me and the people that did do that no longer here. So those 693 02:29:48,246 --> 02:29:53,184 people she stated that gave her those dates. Um did the accounting did all that? Um that 694 02:29:53,184 --> 02:29:57,322 wasn't done by me personally, but I'm the owner. So, um, I'll take responsibility for that. Um 695 02:29:57,322 --> 02:30:04,128 and reverence to the permits that wasn't pulled on the initial contract. Um our 696 02:30:04,128 --> 02:30:12,070 contract does state a certain start date. Um so as far as the statute I'm accused of 49 1.6 697 02:30:12,070 --> 02:30:16,474 subsection. That statute does state if it's agreed upon over 30 days, and that doesn't apply 698 02:30:16,474 --> 02:30:21,246 , which they signed that she signed the contract stadium. We will start at a later date. So 699 02:30:21,246 --> 02:30:26,284 therefore, that 30 days would not apply to this project in my if I'm interpreting that, that 700 02:30:26,284 --> 02:30:33,091 statute correctly, um as far as her project taken taking long and not getting done, 701 02:30:33,091 --> 02:30:38,129 Absolutely, um When I signed hers and many others I had a full staff had I was rocking and 702 02:30:38,129 --> 02:30:44,068 rolling. It hit the fan. I went down, so I'm here trying to get it back, right? Um, I'm not 703 02:30:44,068 --> 02:30:50,074 gonna make excuses, but that's where I'm at. All I gotta say home. Thank you, Mr Baker. 704 02:30:50,074 --> 02:31:12,463 Alright, I'm gonna go ahead and. From there. To obtain a motion with the penalty at the end of 705 02:31:12,463 --> 02:31:28,313 the Discussion. Tip. Motion made the second one. Ocean Ocean mate second. One second here to put 706 02:31:28,313 --> 02:31:35,420 the penalty phase at the end. All those in favor say Aye. Opposed. Being done Motions 707 02:31:35,420 --> 02:31:45,096 group. Alright, Mr Chair. As to count one, the alleged violation of a skinny counting code 708 02:31:45,096 --> 02:31:52,236 section 18 37 c 11. Is there a finding that Mr Banks is guilty of fraud or deceit or gross 709 02:31:52,236 --> 02:32:06,084 negligence? Incompetency or misconduct and the practice of contracting. 710 02:32:06,084 --> 02:32:28,206 In the discussion. Mhm. Entertain a motion. I'll make a motion of yes. It is. Motions 711 02:32:28,206 --> 02:32:41,152 made Yes. Their second. Motion made and seconded, you know, further discussion. None All 712 02:32:41,152 --> 02:32:48,092 those in favor say Aye opposed, like sign. Being known. The motion is decision is yes. 713 02:32:48,092 --> 02:32:57,201 Account, too. As to count two the alleged violation of Scandia County Code section 18 37 D 15, 714 02:32:57,201 --> 02:33:04,242 a Is there a finding that Mr Banks obtained permits after starting the job, but prior to 715 02:33:04,242 --> 02:33:25,063 completion of same and did not miss any inspections? End of discussion. It appears 716 02:33:25,063 --> 02:33:36,074 that you did. I make a motion that we find the respondent to be in violation of the code. 717 02:33:36,074 --> 02:33:47,085 Emotions. Made is their second. Motion made and second in the further discussion. Here? Yes. 718 02:33:47,085 --> 02:34:00,331 Understand correct that there was something special word, Miss. Sorry. Based on the record 719 02:34:00,331 --> 02:34:04,302 where current with our inspections other than the window and door we still have 720 02:34:04,302 --> 02:34:11,175 our final inspections to do and the window inspection. Okay okay . But he did start the job after 721 02:34:11,175 --> 02:34:20,084 he did get the permit after he started the job. Okay Motion made in Secretary Any further 722 02:34:20,084 --> 02:34:29,093 discussion. All those in favor say, Aye, I suppose like side being known emotion is yes. 723 02:34:29,093 --> 02:34:35,099 Count three as to count three, the alleged violation of a skinny county code section. 18 724 02:34:35,099 --> 02:34:41,339 37 d 13. C two. Is there a finding that Mr Banks violated any provisions of Chapter 49 725 02:34:41,339 --> 02:34:53,151 part one Florida statutes. I make a motion. We find him not finding This is just to prove 726 02:34:53,151 --> 02:35:01,058 that he did find him then. Yes in violation of getting violation. Sorry. Motion made to 727 02:35:01,058 --> 02:35:13,271 find him in violation. Seconded. In the discussion. Big known all those in favor say Aye opposed, 728 02:35:13,271 --> 02:35:23,080 like sign being known. The decision is yes. Moved to penalties. Yes, sir. Mr Chair. 729 02:35:23,080 --> 02:35:31,088 As to count one the violation of code section 18 37 c 11. The penalty guideline for violent 730 02:35:31,088 --> 02:35:40,064 violating code section 18 37 c 11 is a 100 to $5000 fine and such other penalty as allowed by 731 02:35:40,064 --> 02:36:11,195 law. Suggest 3000. Bye. Entertain motions. Make a motion respond 732 02:36:11,195 --> 02:36:17,301 to be ordered to pay a fine the amount of 5000 Amount of 5000 that's correct. The motion is 733 02:36:17,301 --> 02:36:27,278 made. $5000 fine. Is there a 2nd 2nd? Motion made and seconded and it discussion. Ms. Chair? 734 02:36:27,278 --> 02:36:36,287 Yes. First of all I go. I think we went by. This was pretty fast and I didn't understand myself. 735 02:36:36,287 --> 02:36:45,062 And it says in such other penalty as allowed by law. I don't see. Anywhere on these 736 02:36:45,062 --> 02:36:51,135 other. The rest of these are just find what does that entail So and such other penalties as 737 02:36:51,135 --> 02:37:01,078 provided by law references, any other penalty that's within chapter 18. 37. You got it. 738 02:37:01,078 --> 02:37:11,055 Okay? I think Matt was going to say that includes suspension and revocation. Yes, that is correct 739 02:37:11,055 --> 02:37:22,066 . It's any other penalty outlined in section 18-37, subsection C and See through H. 740 02:37:22,066 --> 02:37:29,540 Okay, We have emotion. Be ordered to pay a fine of $5000. It's been sex. A second 741 02:37:29,540 --> 02:37:52,063 secretary. In a discussion. Can we add to that? With this second fees. 742 02:37:52,063 --> 02:38:00,071 We haven't voted. So if you want to. I just don't see in these other two accounts with any 743 02:38:00,071 --> 02:38:09,080 provision for any kind of probation or suspension, or Anything and. Again I go back to 744 02:38:09,080 --> 02:38:23,127 this feeling that there needs to be some substantial. Um. But. Getting it's down there. The 745 02:38:23,127 --> 02:38:28,065 first violation. That's only those are the peat violation under repeat knowledge. That's 746 02:38:28,065 --> 02:38:33,237 what we ran into last time, and I realized that After the fact was Previous case, and I just 747 02:38:33,237 --> 02:38:39,076 feel like From my perspective. I would like to see something added to it. I'm not sure what 748 02:38:39,076 --> 02:38:47,284 that looks like at this point, but Thanks for the correction. There is what is it? Excuse me. 749 02:38:47,284 --> 02:38:56,060 Don't count one. Probation or suspension or anything like that . That that is permissible on 750 02:38:56,060 --> 02:39:01,198 count one as Mr Lister was pointing out on counts two and three because there is no record 751 02:39:01,198 --> 02:39:09,140 evidence before this board. Prior violations. Um that would not be appropriate penalty for 752 02:39:09,140 --> 02:39:15,312 first violation. So if there were a desire to impose supplemental Probation or 753 02:39:15,312 --> 02:39:22,119 revocation that would need to be added on is the penalty for count. One dealt what you can't 754 02:39:22,119 --> 02:39:31,062 do. We can't do that is correct. With the understanding suspension can be a maximum of 755 02:39:31,062 --> 02:39:40,271 one year of license revocation is a minimum of one year and up to five years. Will withdraw the 756 02:39:40,271 --> 02:40:01,292 motion. So that we can modify The motion. If you'd like to do that. Yes, sir. Um. Torn between 757 02:40:01,292 --> 02:40:11,068 what levels Could be as with the chair. I agree with the $5000 from my motion would be 758 02:40:11,068 --> 02:40:19,110 Definitely the $5000 fine with Minimum of one year suspension suspension for one year. That 759 02:40:19,110 --> 02:40:30,287 minimum. Mr Lister if it were a suspension. I'm sorry, Joanne. If it were a suspension, the 760 02:40:30,287 --> 02:40:37,161 maximum would be one year if this board to work to revoke his certificate or his license. The 761 02:40:37,161 --> 02:40:45,202 minimum on a revocation is one year maximum five years. I think you want to suspension for one 762 02:40:45,202 --> 02:40:50,541 year. I just feel in my gut Mr Chair that there needs to be something I understand, but 763 02:40:50,541 --> 02:40:57,081 right now suspension for one year. And it's Miss Hampton pointed out during the previous 764 02:40:57,081 --> 02:41:03,087 hearing, a suspension would automatically be reinstated at the end of that. At the end of 765 02:41:03,087 --> 02:41:20,070 the suspension time. We have emotion. We have a second No. Abortion. You have a second 766 02:41:20,070 --> 02:41:26,310 Motion is $5000 fine and suspension for one year. Can I can I caution. I just want to 767 02:41:26,310 --> 02:41:31,081 speak frankly with the board here. I don't know if anybody here that's ever made a mistake. 768 02:41:31,081 --> 02:41:38,322 Not Been able to make restitution for this if we revoke his license was suspended 769 02:41:38,322 --> 02:41:45,296 license for one whole year. That's a long time. And. It can't work. You can't pull 770 02:41:45,296 --> 02:41:53,103 permits in this county. I'm not saying that. All the documentation that maybe before 771 02:41:53,103 --> 02:42:00,311 us upcoming in the public. Okay I'm just I'm just speaking from what you're saying. How about 772 02:42:00,311 --> 02:42:09,153 consideration of probation for one year? If he has any act. Can ask Counsel for clarification on 773 02:42:09,153 --> 02:42:15,426 listing suspension Does that mean he came Continue to work or does it mean he just connect? 774 02:42:15,426 --> 02:42:22,132 Pull a permit during this one year he could still stay in business? During this year. He 775 02:42:22,132 --> 02:42:27,271 just can't pull new permits in my correct or am I wrong? Had his and I will also differ to 776 02:42:27,271 --> 02:42:34,144 staff for the details, but essentially his Ability to pull permits and his ability to 777 02:42:34,144 --> 02:42:40,217 operate as a contractor in this county would end at the time during the term of that 778 02:42:40,217 --> 02:42:45,422 suspension. The difference would be probation, for example, where he could still, uh, conduct 779 02:42:45,422 --> 02:42:52,096 contracting activities. That's correct, Mr Chair. I would like to just touch probation. My 780 02:42:52,096 --> 02:43:00,137 apologies can't do probation instead of suspension, Okay, Mr Chair. His probationary period 781 02:43:00,137 --> 02:43:04,241 is not regular relegated to a certain time frame. That's that's to be determined by born 782 02:43:04,241 --> 02:43:10,080 in the ordinance, it doesn't say There's only this amount of time we can't say probation for one 783 02:43:10,080 --> 02:43:25,095 year. Okay we'll modify the motion to say. Among the finest $5000 in probation for one year. 784 02:43:25,095 --> 02:43:34,371 Have a 2nd 2nd. Motion made and secretary discussion. Being done all those in favor CI alright, 785 02:43:34,371 --> 02:43:43,213 opposed like sign. Being known. The motion Is made and approved. $5000 fine and probation for one 786 02:43:43,213 --> 02:43:52,156 year moving to count, too. Yes, sir. Chair Sorry account to the violation of code section 18 37 787 02:43:52,156 --> 02:44:00,097 D 15 a penalty guidelines for violating code section 18 37 D 15, a For first violation is 788 02:44:00,097 --> 02:44:14,078 $100 fine. We have a record of prior violations. Not with this for $100 fund. Second motion 789 02:44:14,078 --> 02:44:21,318 made for $100 finance secretary any further discussion. Any further discussion. All those in 790 02:44:21,318 --> 02:44:30,160 favor say Aye. Opposed like science. Being none. The motion is approved for $100.05 1st 791 02:44:30,160 --> 02:44:40,170 violation count three. As to count three the violation of code section 18 37 D 13. C to 792 02:44:40,170 --> 02:44:47,444 the penalty guidelines for violating code section 18 37 D 13 c two For first violation. 793 02:44:47,444 --> 02:45:04,228 500 to $1000 fine. Amica motion that we. Approve the violation for $500. $1500 500 made for 500 794 02:45:04,228 --> 02:45:12,236 is their 2nd 2nd. Motion made and Secretary $500 fine. Discussion. Big known all those 795 02:45:12,236 --> 02:45:21,211 in favor, say Aye. Those like son. Signal the motion is approved for $500.05. Alright, 796 02:45:21,211 --> 02:45:27,317 sheriff, the deadline. Yes sir. Chair The board must also determine the respondents 797 02:45:27,317 --> 02:45:37,161 deadline to pay the fines imposed. 90 days. 180 days. 90 days should be sufficient. We 798 02:45:37,161 --> 02:45:49,106 have 90 days. That agreement. Motion to suck. Must pay within 90 days. Motion made consecutive 799 02:45:49,106 --> 02:45:57,247 In the discussion. Being done all those in favor say Aye. Opposed like side. Be not. The 800 02:45:57,247 --> 02:46:07,090 motion is approved. For 90 Day deadline to pay the fines. Alright chair the penalty for 801 02:46:07,090 --> 02:46:17,100 the respondents failure to comply. Uh I would suggest that we, uh The penalty for failure 802 02:46:17,100 --> 02:46:28,278 to comply with B. Probation to suspension. Of license. Changes. Let's see. Change it from 803 02:46:28,278 --> 02:46:40,090 probation to suspension. If he fails to pay within 90 days. That's the most. I need a motion 804 02:46:40,090 --> 02:46:45,229 put that in the motion motion made. Is there a second? Motion made and secretary didn't 805 02:46:45,229 --> 02:46:56,106 discussion. And just to clarify that suspension for a year. Okay. The motion is Failure to 806 02:46:56,106 --> 02:47:06,316 comply changes the probation to suspension. All those in favor say Aye. No likes that being 807 02:47:06,316 --> 02:47:14,091 done. Promotions approved. Chair staff would also request reimbursement for administrative 808 02:47:14,091 --> 02:47:21,064 cost for the mailings. Motion for that emotions right, adding administrative costs fines. 809 02:47:21,064 --> 02:47:31,074 Second Motion made in secondary any further discussion. None All those in favor say Aye, alright. 810 02:47:31,074 --> 02:47:41,118 Closed. Be none. Emotions are approved for adding administrative cops. Whether the 811 02:47:41,118 --> 02:47:44,354 board wishes to order restitution in the amount of financial loss suffered by the 812 02:47:44,354 --> 02:47:54,131 homeowner. Do we have an accounting for the financial loss? Documented accounting. At 813 02:47:54,131 --> 02:48:00,304 this time staff does not have a documented accounting. A specific number provided within 814 02:48:00,304 --> 02:48:07,311 the documented accounting. Uh entertain a motion to hold it to the next meeting for staff to 815 02:48:07,311 --> 02:48:20,057 come up with a accounting. Yes. Motion. In the motion. Have a second Sick. Motion made and 816 02:48:20,057 --> 02:48:28,031 seconded for the. To consider the restitution in our next meeting staff to come up with 817 02:48:28,031 --> 02:48:39,076 the restitution. So now the I. No boast like some The motion is approved. The board must also 818 02:48:39,076 --> 02:48:53,056 issue a recommendation to the construction industry Licensing board. 819 02:48:53,056 --> 02:49:03,133 The last time we are suggested. No further action to the licensing board. We're living up 820 02:49:03,133 --> 02:49:15,078 with lots of fines motion. Emotions. No further action. Is there a second? New sector. 821 02:49:15,078 --> 02:49:24,121 Motion made in secondary heated discussion. Being done all those in favor say Aye. Like side. We 822 02:49:24,121 --> 02:49:42,339 have one. The motion is approved. Which one negative. Yes sir. Mr Chair, so we'll move 823 02:49:42,339 --> 02:49:48,211 to item Matthew three. Matthew s banks doing business as banks Construction LLC. State 824 02:49:48,211 --> 02:49:56,086 registered license Number R R 28281200. Its contractor. Competency Board complaint 825 02:49:56,086 --> 02:50:04,194 number 2 to 0 to 16 C O M. It's in regards to Pamela Black May homeowner complainant at 12 14 826 02:50:04,194 --> 02:50:09,199 East Yonge Street, also within the city limits of Pensacola, Florida If you are here to 827 02:50:09,199 --> 02:50:16,239 provide testimony for this Hearing. If you could please stand and be sworn in. Feedback. 828 02:50:16,239 --> 02:50:33,056 They're standing. Yes. Truth the whole truth. From that. Yeah. Before you start reading. 829 02:50:33,056 --> 02:50:55,045 Recalling didn't recess. Yes, sir. 10 Minutes recess. Me. 830 02:51:00,083 --> 02:51:29,045 15. Yeah. This question. 831 02:52:19,129 --> 02:52:35,078 I say, Mr Winters, California everything wrong? Jennifer. We color musical legend. Music's go 832 02:52:35,078 --> 02:52:48,291 May Give her only three minutes. Because everything's here. We don't need all that. It quickly. 833 02:52:48,291 --> 02:53:03,106 Okay. Next three. Okay? Well. He's gonna get He's gonna be financially impacted for sure. I 834 02:53:03,106 --> 02:53:34,337 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 835 02:53:34,337 --> 02:53:55,058 for about 2 to 3 years, but turnout says out I just feel like Yeah. 836 02:54:23,086 --> 02:54:46,076 Select what you're doing. Thank you. Makes it a lot easier. Again. Is make sure you get it. 837 02:54:46,076 --> 02:55:21,044 Everybody Everybody's saying. Body correct many years. Seven down. Help. 838 02:55:51,074 --> 02:56:45,061 Greece. So what was, he said? About the boat. I'm serious. Select yourself. Meetups. Feel. 839 02:56:47,097 --> 02:57:11,488 When I asked you like, but. Radical, but they got me. Hahaha. Talked about it a long 840 02:57:11,488 --> 02:57:53,029 time. Green blues brews. Bruce. Heartbroken. 841 02:57:56,065 --> 02:58:21,090 Spring Street, bruising bruising. We had to hear. We understood the question. Yeah. 842 02:58:21,090 --> 02:58:39,075 Whatever that girl kicking your coverage already? Yeah. Okay, let's get him. Last time. Yeah. 843 02:58:39,075 --> 02:59:00,063 Up in there, you know, just just Well when I knew that custom. There. Give them all this. How 844 02:59:00,063 --> 02:59:10,306 would you was up on technology man? What Yahoo! You call it that Britain that from the 845 02:59:10,306 --> 02:59:17,080 county or you doing, Secretary Go. Because of the poet requisition. I deal with 500 846 02:59:17,080 --> 02:59:35,198 pages printed out because. Rooms of city. This makes a bigger impact. That's right here. I got 847 02:59:35,198 --> 02:59:44,274 a point there. It's how marriage everything. Little salad Mayor Ashton. He would There was a 848 02:59:44,274 --> 03:00:01,057 stack of them. That's it Creation English. Up here. I'm pretty sure he's not. Yeah. Yeah 849 03:00:01,057 --> 03:00:14,404 They already knew what had natural the natural department. Hmm. Mm hmm. Contract. Seaboard 850 03:00:14,404 --> 03:00:25,081 is back in session. June 1st. Yes sir. Chair just to, um, bring everybody back up to speed 851 03:00:25,081 --> 03:00:32,088 . I'm about to read the administrative complaint for case number 2 to 0 to 16. C O M. 852 03:00:32,088 --> 03:00:36,225 Alright responding to state registered residential contractor having been issued 853 03:00:36,225 --> 03:00:45,068 license number or R 28281200. License in Escambia County, Florida Respondents address of 854 03:00:45,068 --> 03:00:53,076 record is 10370. Pensacola Boulevard. Pensacola, Florida 3 to 534. Respondent is subject to 855 03:00:53,076 --> 03:00:58,081 regulation by the board. Pamela Black may hired the respondent to repair her residence located 856 03:00:58,081 --> 03:01:05,088 at 12 14 East, Yonge Street. Pensacola, Florida 3 to 503. Homeowner executed a residential 857 03:01:05,088 --> 03:01:13,196 construction contract on December 20th 2020 for a total repair price of $31,900. On the 858 03:01:13,196 --> 03:01:18,401 following day, December 21st 2020 how many are paid to the respondent and initial payment 859 03:01:18,401 --> 03:01:28,077 of $14,400? Respondent commence work on the residents and mid April 2021. Responded Obtained 860 03:01:28,077 --> 03:01:34,083 Subcontractor D roofing to complete the re roofing portion of the contract and D A C 861 03:01:34,083 --> 03:01:38,421 roofing obtained a re roof permit from the city of Pensacola Building inspections 862 03:01:38,421 --> 03:01:44,093 department. Roofing and form respondent that the re roof could not occur until the 863 03:01:44,093 --> 03:01:49,332 trusses were repaired. On June 4th 2021 respondent applied for a trust repair permit and the 864 03:01:49,332 --> 03:01:55,071 city of Pensacola Building inspections Department issued the permit on July 15th 2021. 865 03:01:55,071 --> 03:02:02,412 Premier Inspection of the trust repair occurred on August 3rd 2021. Yes the roofing reinstated 866 03:02:02,412 --> 03:02:08,317 the expired re roof permit on August 26 2021. The re roofing passed inspection on September 867 03:02:08,317 --> 03:02:15,158 1st 2021. Following continual delays and October 2021 from under filed a complaint against 868 03:02:15,158 --> 03:02:20,062 respondent with the state of Florida Department of Business and Professional Regulation. TVR 869 03:02:20,062 --> 03:02:25,067 forwarded the complaint to this board notice. Probable cause hearing was sent to the 870 03:02:25,067 --> 03:02:29,071 respondent at his address of record via Certified mail and return receipt requested. 871 03:02:29,071 --> 03:02:35,411 Respondent attended the probable cause hearing on March 2nd 2022. At a probable cause. Hearing the 872 03:02:35,411 --> 03:02:40,183 board heard testimony from Escambia County Building Services Department staff, the 873 03:02:40,183 --> 03:02:46,189 city of Pensacola building official the homeowner and the respondent. The board also 874 03:02:46,189 --> 03:02:51,027 considered documentary evidence pertinent to the issues. The testimony and evidence showed 875 03:02:51,027 --> 03:02:54,063 that homeowner hired the respondent to repair hurricane damage to her residents. 876 03:02:54,063 --> 03:03:00,269 Homeowner provided the down payment to respond. And on December 21st 2020. Respondent 877 03:03:00,269 --> 03:03:07,143 commenced work in April, 21 respondent obtained permitting for the project on July 2021 as 878 03:03:07,143 --> 03:03:11,080 of the date of the probable cause hearing responded, had not scheduled or obtained final 879 03:03:11,080 --> 03:03:16,285 inspection for the project. The board determined that there was probable cause to believe 880 03:03:16,285 --> 03:03:23,092 respondent violated a skinny county code section 18 37 D 15 B. And Florida statute. 49 1 26 881 03:03:23,092 --> 03:03:31,200 to a one Skinny county code section 18 37 D 15 B provides that a code violation from a 882 03:03:31,200 --> 03:03:38,174 failure of to obtain inspection. Penalty guidelines for violating code section 18 37 D 15. B. $250 883 03:03:38,174 --> 03:03:48,084 fine. Responded violated a skinny county code section 18 37 D 15. B by failing to obtain the 884 03:03:48,084 --> 03:03:54,257 required final inspection as of the date of the march 2nd 2022 probable cause hearing. Escambia 885 03:03:54,257 --> 03:04:00,329 County Code section 18 37 d 13 c two provides that a code violation results from violation 886 03:04:00,329 --> 03:04:07,103 of any provisions of Chapter 49 part one Florida statutes as amended. Florida statute. 49 1 887 03:04:07,103 --> 03:04:14,143 26 to 82 provides a contractor who receives as initial payment money totaling more than 10% of 888 03:04:14,143 --> 03:04:18,347 the contract price for repair, restoration, improvement or construction. Two residential 889 03:04:18,347 --> 03:04:24,453 real property must start the work within 90 days after the date of all necessary permits 890 03:04:24,453 --> 03:04:29,125 for work, if any, are issued. The penalty guidelines for violating Scampi County Code 891 03:04:29,125 --> 03:04:37,300 section 18 37 D 13. C two For the first violation of 500 100 to $1000 fine. Respondent 892 03:04:37,300 --> 03:04:43,239 violated for a statute 49 1 26 to 82 by failing to commence work on the project within 90 893 03:04:43,239 --> 03:04:48,077 days after the issuance of the required permit. Accordingly responded violated its skinny 894 03:04:48,077 --> 03:05:04,293 county code section 18 37 D 13. C two by violating four statute 49 1 26 to 8 to. Ah! Miss Pamela 895 03:05:04,293 --> 03:05:20,042 May Yeah. 896 03:05:21,077 --> 03:05:32,555 I do accept Yes, it is. No objections. No objections. I'm I'm gonna be really, really 897 03:05:32,555 --> 03:05:40,129 short. Um, I came in here March 2nd for the last hearing. Um he had, um, on April 29th. He had a 898 03:05:40,129 --> 03:05:46,335 guy to come by to look at my door. Um they read, they decided that the door needed to be 899 03:05:46,335 --> 03:05:54,076 replaced. He went to Home Depot and Lowe's. The door was not in stock. He was going to order the 900 03:05:54,076 --> 03:05:58,280 door and I haven't heard anything else from them Since that time. Yes, sir. I accept as 901 03:05:58,280 --> 03:06:16,065 presented yes. Thank you. 902 03:06:47,096 --> 03:06:56,105 Yes, sir. Mr Chair. As to count one, the alleged violation of a skinny county code section 18 37 903 03:06:56,105 --> 03:07:14,090 d 15 b. Is there a finding that Mr Banks failed to obtain an inspection? 904 03:07:14,090 --> 03:07:31,107 Motion is yes. Yes. Discussion. Being done all those in favor say Aye. Alright like sign did 905 03:07:31,107 --> 03:07:40,182 none. The motion Of yes is approved. Scout to account to the alleged violation of a 906 03:07:40,182 --> 03:07:48,090 skinny county code section 18 37 D 13. C two. Is there a finding that Mr Banks violated any 907 03:07:48,090 --> 03:07:57,399 provisions of Chapter 49 part one Florida statutes? That covers the. Bit of fermenting 908 03:07:57,399 --> 03:08:10,312 after 90 days. Is there a motion? Yes. Motion Yes. Is there a 2nd 2nd made consecutive 909 03:08:10,312 --> 03:08:18,120 in the discussion. Big done All those in favor say Aye pose like son. The motion of yes is 910 03:08:18,120 --> 03:08:31,200 approved. To move into the penalty face. Yes, sir. As to count one. The violation of code 911 03:08:31,200 --> 03:08:39,108 section 18 37 D 15 B. The penalty guidelines. For violating code section 18 37 D 912 03:08:39,108 --> 03:08:57,059 15 B. For a first violation. $250 fine. Is this not his second violation. Matt. 913 03:08:57,059 --> 03:09:05,067 Apologies during do not believe the 15 B was on the prior. I don't believe you. 15 V was a 914 03:09:05,067 --> 03:09:11,473 prior account accounting the prior case. This would record evidence for the sport would be 915 03:09:11,473 --> 03:09:21,050 that it was the first violation, okay? First violation only. Motion for $250. Emotionally. 916 03:09:21,050 --> 03:09:36,065 $250 fine. Second Help me. As they suspension also in here on this one. No, sir. With this 917 03:09:36,065 --> 03:09:45,140 being his first violation, it is only the $250 150 Dollar fund. Emotions made for him to pay 918 03:09:45,140 --> 03:09:53,082 $250 fine and their second In the discussion. Big nut. All those in favor say Aye, alright, 919 03:09:53,082 --> 03:10:04,159 opposed like son. Motion to pay a fine of $250 is approved. Count two as to count two. The 920 03:10:04,159 --> 03:10:10,132 violation of code section 18 37 D 13 c to the penalty guidelines for violating code section 18 921 03:10:10,132 --> 03:10:21,076 37. D 13. C two First violation . $502,000 fine. Repeat violation 1000 to $5000 fine and 922 03:10:21,076 --> 03:10:40,062 suspension or revocation. I think this is a second violation. Mr Chairman based on 923 03:10:40,062 --> 03:10:50,072 the This board's findings in the prior case, which is case 2 to 0 to 13. C O M. This board can 924 03:10:50,072 --> 03:10:57,279 take what amounts to judicial notice and find that Because it didn't find Mr Banks guilty of 925 03:10:57,279 --> 03:11:06,055 that prior violation that that would count towards, um Repeat violation violation. Yes, okay. 926 03:11:06,055 --> 03:11:12,328 So in this case, we can consider repeat violation. Which is 1000 to $5000 fine suspension and 927 03:11:12,328 --> 03:11:34,149 replication. Motion for $1500.05. In its suspension. No. No suspension. He already has 928 03:11:34,149 --> 03:11:44,126 one so Motion made consecutive. He didn't discussion checking his approbation suspension. He 929 03:11:44,126 --> 03:11:53,268 has probation. Yes pension. But if he fails to pay his fine, it goes to suspension. Any further 930 03:11:53,268 --> 03:12:03,078 discussion. Picking on all those in favor. Say Aye, those like son being done. The motion for a 931 03:12:03,078 --> 03:12:10,152 $1500 fine is approved. Yes, sir. Mr Chair, so the board must also determine the following the 932 03:12:10,152 --> 03:12:20,062 respondents deadline to pay the fines imposed. Bonnet for 90 days to pay the fine. Motion 933 03:12:20,062 --> 03:12:29,304 made deserves 2nd 2nd motion mining sector. All those in favor say Aye. Proposed like son 934 03:12:29,304 --> 03:12:43,085 being known. 90 days. Failure to pay Is approved. The penalty for respondents failure to comply. 935 03:12:43,085 --> 03:12:53,062 If he fails to comply. He's already in a suspension mode or he's got a probation mode. Mm. 936 03:12:53,062 --> 03:13:04,239 I'm not sure it's necessary to Would it be? To have a penalty at this phase. I guess I don't 937 03:13:04,239 --> 03:13:10,079 understand. The question of your question is We have to have a penalties for his failure to 938 03:13:10,079 --> 03:13:15,084 comply within the 90 days, paying the fine it's not required to have it's not 939 03:13:15,084 --> 03:13:20,222 required since he already has one. In effect, Yes, that is correct. It's more of an 940 03:13:20,222 --> 03:13:33,168 incentive. Friend to comply. So we do not have to have. Any penalty. At this time. Maybe 941 03:13:33,168 --> 03:13:46,081 another one later. Mm. Is there any restitution? Requested there was there was nothing requested 942 03:13:46,081 --> 03:13:53,088 from Miss May at staff would request that the administrative costs be reimbursed, okay? 943 03:13:53,088 --> 03:14:02,131 Entertain the version that administrative costs. To the phone. Is the 2nd 2nd motion. 944 03:14:02,131 --> 03:14:08,370 Amazing Secretary. They had administrative costs five. All those in favor say Aye, alright, 945 03:14:08,370 --> 03:14:14,209 opposed like son. Being known. The motions approved administrative costs. Uh and 946 03:14:14,209 --> 03:14:23,085 then excuse me. We did We closed out. I'm not sure that we closed out out of two D. The penalty 947 03:14:23,085 --> 03:14:32,261 for We didn't. We didn't vote on it and I know as well. I'm getting back to if the prior 948 03:14:32,261 --> 03:14:41,203 case was appealed and won with this Then that would. Would need to be stipulated in this order 949 03:14:41,203 --> 03:14:50,078 as well, I think Okay, if we're going to reconsider that What penalty can we have? It would be 950 03:14:50,078 --> 03:14:57,085 this. My motion is to make it a one year suspension for non not for failure to comply. Can we do 951 03:14:57,085 --> 03:15:04,059 for this case? Yes I do not see an issue with that. Okay let's go back and reconsider the 952 03:15:04,059 --> 03:15:10,098 penalty. For the respondent fighter to comply with his painting and fine. Motion to 953 03:15:10,098 --> 03:15:21,276 Suspended for one year. Yes, failure. The second. Motion made and seconded to suspend his 954 03:15:21,276 --> 03:15:29,351 license for one year. Or failing for you to find. All those in favor say Aye. Alright, like 955 03:15:29,351 --> 03:15:42,331 son. Would Negative one negative. It's approved with one negative folks. Construction 956 03:15:42,331 --> 03:15:59,047 industry licensing board. 957 03:16:02,084 --> 03:16:08,123 Trying to figure out what we could do the choices again to recommend so. Your option 958 03:16:08,123 --> 03:16:14,162 construction license industry, Uh, industry licensing board. But no further action or 959 03:16:14,162 --> 03:16:23,138 recommendations for suspension, revocation or restriction of the registration. And we also put in 960 03:16:23,138 --> 03:16:28,744 their suspension so that that is one of your options, along with the No further actions. 961 03:16:28,744 --> 03:16:33,181 Suspension revocation restriction of the registration, which would be a probation. Or a 962 03:16:33,181 --> 03:16:43,425 fine to be levied by the CIA will be I suggest we advise the C L B, uh, recommend probation 963 03:16:43,425 --> 03:16:55,270 for appeared one year. Discussion. Did they get a. Or actions do they get a resend it 964 03:16:55,270 --> 03:17:04,079 to them? Yeah What's going on with his license? Yes sir. Mr Bachelor. So our findings with 965 03:17:04,079 --> 03:17:11,186 backup documentation is sent to the C. I'll be, um They take that case, review it and then 966 03:17:11,186 --> 03:17:16,158 make their determination. Our recommendation is solely advisement to them on what we 967 03:17:16,158 --> 03:17:23,098 think they should do. We could continue which is nowhere further action and let them The 968 03:17:23,098 --> 03:17:39,281 what we've done. Entertaining motion for no further action. Is there a second? Motion made and 969 03:17:39,281 --> 03:17:46,288 secretary then the discussion. I mean, they can take action on their own based on what we've 970 03:17:46,288 --> 03:17:58,367 done. No further discussion. All those in favor say, Aye. Proposed. Motion passes with no 971 03:17:58,367 --> 03:18:07,075 further action to the C L B. Our next item is Matthew s banks doing business as banks 972 03:18:07,075 --> 03:18:16,184 Construction LLC, state registered license number or 28281200. Contractor Competency 973 03:18:16,184 --> 03:18:22,491 Board complaint number 2 to 0 to 14 C O M. It's in regard to Michelle Hambleton Homeowner 974 03:18:22,491 --> 03:18:28,096 complainant at 12, 41 East Kingsville Road Cantonment, Florida. Before we swear them 975 03:18:28,096 --> 03:18:32,334 in. I just wanted to thank Mr Bill be the city building official. I know he probably has 976 03:18:32,334 --> 03:18:39,107 other stuff he needs to do. And these two don't really Apply to the city. Um complaints not on 977 03:18:39,107 --> 03:18:45,814 screen. Right Or if you are here to provide testimony on this item, if you could please stand 978 03:18:45,814 --> 03:19:06,435 and be sworn in. Yes, ma'am. Alright. So again respondent as a state registered residential 979 03:19:06,435 --> 03:19:12,274 contractor, having been issued license number or 28281200, licensed in Escambia County, 980 03:19:12,274 --> 03:19:21,049 Florida. Respondents address of record is 10370. Pensacola Boulevard. Pensacola Florida 3 981 03:19:21,049 --> 03:19:26,455 to 534 respondent is subject to regulation by the board. Michelle Hamilton's hired the 982 03:19:26,455 --> 03:19:32,294 respondent to renovate her garage located at 12 41, East Kings Field Road Cantonment, 983 03:19:32,294 --> 03:19:38,133 Florida 3 to 533 homeowner executed the residential construction contract on 984 03:19:38,133 --> 03:19:48,176 February 20th 2021 for a total renovation price. Of $48,250 on the same day homeowner paid to 985 03:19:48,176 --> 03:19:56,084 responded an initial payment of $24,125. The contract provided a start date of June. 21st 2021 986 03:19:56,084 --> 03:20:04,392 respondent obtained a permit on August 6th 2021. On December 6th 2021 after no work had begun. 987 03:20:04,392 --> 03:20:10,265 Homeowner contacted respondent and canceled the contract Homeowner requested that the 988 03:20:10,265 --> 03:20:18,306 respondent return half of the homeowners $24,125 received for the project. Responded did not 989 03:20:18,306 --> 03:20:24,279 return the requested half of the deposit notice of the problem cause hearing was sent to the 990 03:20:24,279 --> 03:20:30,051 respondent at his address of record via Certified Mail. Rivers Return receipt requested. 991 03:20:30,051 --> 03:20:36,057 Respondent attended the probable cause hearing on March 2nd 2022 at the probable cause hearing, 992 03:20:36,057 --> 03:20:39,294 the board heard testimony from Escambia County Building Services Department staff, the 993 03:20:39,294 --> 03:20:44,399 homeowner and the respondent. The board also considered documentary evidence pertinent 994 03:20:44,399 --> 03:20:49,437 to the issues. The testimony and evidence showed that the homeowner hired the respondent 995 03:20:49,437 --> 03:20:53,441 to renovate her garage. The homeowner provided a down payment to the respondent on 996 03:20:53,441 --> 03:21:00,081 February 20th 2021. The respondent obtained permitting for the project on August 6th 997 03:21:00,081 --> 03:21:06,187 2021, the homeowner canceled her contract with the respondent on December 6th 2021 after no work 998 03:21:06,187 --> 03:21:11,159 had commenced. The board determined that there was probable cause to believe that 999 03:21:11,159 --> 03:21:18,033 the respondent violated Florida statute 49 1 26 to 81. And Florida statute for 89 1 26 to 8 1000 03:21:18,033 --> 03:21:27,242 to. The skinny county code section 18 37 d 13 c two provides that a code violation 1001 03:21:27,242 --> 03:21:34,082 results from violation of any provisions of chapter 49 pork. One Florida statutes as amended. 1002 03:21:34,082 --> 03:21:41,256 Florida statutes 49 1 26 to a one Provides that a contractor who receives as initial payment 1003 03:21:41,256 --> 03:21:46,361 money totaling more than 10% of the contract price for repair, restoration, improvement or 1004 03:21:46,361 --> 03:21:52,434 construction to residential real property. Must apply for permits necessary to do work within 30 1005 03:21:52,434 --> 03:21:59,274 days after the date payment is made. Penalty guidelines for violating, uh skinny county code 1006 03:21:59,274 --> 03:22:10,251 section 18 37 D 13 c two are as follows for a first violation of $500,000 fine. And Ah, we have 1007 03:22:10,251 --> 03:22:18,126 the additional repeat violation later on and Are. In our aid for you guys responded, Violated for 1008 03:22:18,126 --> 03:22:25,133 a statute 49 1 26 to a one by applying for appropriate permitting 166 days after 1009 03:22:25,133 --> 03:22:31,239 receiving the initial payment from the homeowners. Accordingly Respondent violated Escambia 1010 03:22:31,239 --> 03:22:38,279 County Code section 18 37 D 13. C two by violating for a statute 49 1 26 to a one A scary 1011 03:22:38,279 --> 03:22:47,355 chemicals. Section 18 37 d 13 c two provides that a code violation results from violation 1012 03:22:47,355 --> 03:22:55,063 of any provisions of Chapter 49 part one Florida statutes as amended. Porta Statutes 49 1 26 1013 03:22:55,063 --> 03:23:01,136 to 82 provides that a contractor who receives as initial payment money totaling more than 10. Of 1014 03:23:01,136 --> 03:23:05,440 the contract price for repair, restoration improvement or construction to residential real 1015 03:23:05,440 --> 03:23:10,378 property must start the work within 90 days after the date all necessary permits for work, 1016 03:23:10,378 --> 03:23:21,089 if any, are issued. Ah the penalty guidelines again for violating section 18 37 d 13 c 1017 03:23:21,089 --> 03:23:31,166 two for first violation is $502,000 fine. And then. Repeat violation is 1000 to $5000 fine 1018 03:23:31,166 --> 03:23:38,339 and suspension or revocation. Uh respondent violated for statutes 49 1 26 to 82 by failing to 1019 03:23:38,339 --> 03:23:43,044 commence work on the project within 90 days after the issuance of the required permit 1020 03:23:43,044 --> 03:23:51,252 accordingly responded violated Escambia County Code section 18 30 70 13 c two by violating 1021 03:23:51,252 --> 03:24:08,069 Florida statute for 89 1 26 to 8 to. Michelle. Hambleton. I'm going to ask if you would accept 1022 03:24:08,069 --> 03:24:15,076 the reading of the complaint. I would, but I also want to add something after the hearing last 1023 03:24:15,076 --> 03:24:25,086 hearing, Mr Banks Um Want agreed to pay me. The half of the deposit back so he offered 3000 1024 03:24:25,086 --> 03:24:34,062 week for four weeks, Um, on two occasions in writing, but we've never received any of that back. 1025 03:24:34,062 --> 03:24:41,069 Also, I would just like to add that Letting him keep his license is not is no longer 1026 03:24:41,069 --> 03:24:45,406 letting him do work to pay people back are complete work. He's he's not working. He's just 1027 03:24:45,406 --> 03:24:52,247 taking people's money and not working. And I came up here last time, and I told him I didn't 1028 03:24:52,247 --> 03:24:56,751 want to do this. He has a family, but he is at this point destroying families because this 1029 03:24:56,751 --> 03:25:04,259 is people's hard earned money. And we're just out and there's a lot of people back here who want 1030 03:25:04,259 --> 03:25:11,299 to say the same thing and it's it is a pattern. Um, I think that To be mentioned that if you 1031 03:25:11,299 --> 03:25:18,139 see a pattern, there's obviously a pattern. And I have at this point. I have nothing to lose. I 1032 03:25:18,139 --> 03:25:24,078 doubt I'm going to make any of that money back. Okay? But I don't think anybody else seems 1033 03:25:24,078 --> 03:25:42,330 to be damaged by him. Okay Yep. So obviously You know, Miss Hamilton and other people are in 1034 03:25:42,330 --> 03:25:48,069 here aren't all my clients. So we're all working complete. Probably 2 to 3 Clark two or 1035 03:25:48,069 --> 03:25:52,373 three projects a week. Um just sitting in this room alone. I've got over 20 messages from 1036 03:25:52,373 --> 03:25:57,212 clients wishing me the best. Obviously, I do need to work to pay these people back. And there 1037 03:25:57,212 --> 03:26:04,285 has been 14. People paid back on record that I could prove to the county in full in the last six 1038 03:26:04,285 --> 03:26:10,458 months. It's not easy. I could easily walk away. Claim bankruptcy did with the criminal 1039 03:26:10,458 --> 03:26:15,096 procedure. It took my tail and run, but I'm not doing that. So regardless of what happens here 1040 03:26:15,096 --> 03:26:19,601 today, I've been working since I was 16 years old. I'm gonna work after this hearing. Whether 1041 03:26:19,601 --> 03:26:23,471 that's where the license or doing sub work without a license , But I'm gonna provide for my 1042 03:26:23,471 --> 03:26:29,177 family and I'm gonna try to pay these people back so they can continue to bash me all over 1043 03:26:29,177 --> 03:26:37,085 town and do what they want to do. It's not gonna stop me at work. Mr Chair. Is this 1044 03:26:37,085 --> 03:26:45,159 appropriate time to ask a question? Before we get into the I, uh. Kind of took it on 1045 03:26:45,159 --> 03:26:57,138 myself, too. Because I'm wouldn't here at these other meetings. And. In the last few 1046 03:26:57,138 --> 03:27:08,116 weeks, Mr Banks has opened up to new L. L. C s In the state of Florida. Two sunbiz .org That is 1047 03:27:08,116 --> 03:27:21,496 a big, big flag. I have. I don't want to have any business a long time. And I've seen a lot of 1048 03:27:21,496 --> 03:27:27,302 stuff. I'm not perfect by any means. But This kind of stuff. Is a real indicator of somebody 1049 03:27:27,302 --> 03:27:37,211 who's ready to Shut one business down the store up another one. And. That's that's a big, big 1050 03:27:37,211 --> 03:27:46,387 flag. But I think this board needs to know about Um, last stumble across. But the pattern 1051 03:27:46,387 --> 03:27:56,097 of that is something that. I think we really need to take some serious looks at that. 1052 03:27:56,097 --> 03:28:07,075 Yeah, Come here. So. Mr Lister doubt you stumbled upon its all over social media. So I promise 1053 03:28:07,075 --> 03:28:12,180 I have never seen on Social media companies speaking to three t construction, um have 1054 03:28:12,180 --> 03:28:20,054 actually four kids with the name T at the time. I had three. So the other person on that company 1055 03:28:20,054 --> 03:28:25,426 is John Cree. I come from a Cabinet background. So me and John Creed who everybody knows 1056 03:28:25,426 --> 03:28:29,297 this smoke. That's his real name. We're going to start installing cabinets for legacy 1057 03:28:29,297 --> 03:28:34,202 cabinetry where I started to make extra money to pay people back. When I started three t, I 1058 03:28:34,202 --> 03:28:41,042 realized I got four kids with the last name T. So I changed it to 40. So the new one that came 1059 03:28:41,042 --> 03:28:43,644 out is probably 42 construction, and it's gonna be a Cabinet installation company because 1060 03:28:43,644 --> 03:28:48,449 that's what I do. I'll do it on the side. So that's where that company is coming from. It will 1061 03:28:48,449 --> 03:28:54,055 not be a registered. It will not be a qualified Mr Biggs. I wanna make clear. I have not seen 1062 03:28:54,055 --> 03:29:00,194 anything on social media hardly even do any social media old guy and I didn't know that I've 1063 03:29:00,194 --> 03:29:08,102 found this myself on sunbiz .org. And that's the reason why it's a flag me because I was not 1064 03:29:08,102 --> 03:29:12,673 here. Those previous means some kind of catching up to find out who you are. I didn't even know 1065 03:29:12,673 --> 03:29:17,178 he stays the first time I've ever seen you, Ron Small, the seldom for legacy rise to work 1066 03:29:17,178 --> 03:29:22,417 hand in my office. And one of Cabinet scholars. So my other ex employee who want to start his 1067 03:29:22,417 --> 03:29:27,155 own business. Everybody knows miss smoke. That's who John Cree is on that company. I was going 1068 03:29:27,155 --> 03:29:47,075 to start it with him so we can install cabinets. On the side. That's what company Okay? 1069 03:30:01,089 --> 03:30:09,197 As to count one, the alleged violation of a scheme beginning code section 18 37. D 13. C two. 1070 03:30:09,197 --> 03:30:14,068 Is there a finding that Mr Banks violated any provisions of chapter 49 part one of the 1071 03:30:14,068 --> 03:30:40,061 Florida statutes? And turn the motion. Yes. Huh? You made the motion. But, you know, I said, I 1072 03:30:40,061 --> 03:30:50,104 would entertain a motion motion for years. Motion made for Yes. Is there a second? Second. 1073 03:30:50,104 --> 03:30:57,345 Mostly made and seconded any discussion. Being done all those in favor say Aye. Alright, like 1074 03:30:57,345 --> 03:31:08,055 sign. Being done. Motion is for Yes. To count to account to the alleged violation of ischemia 1075 03:31:08,055 --> 03:31:15,396 County Code section 18 37 D 13. C two. Is there a finding that Mr Banks violated any provisions 1076 03:31:15,396 --> 03:31:31,078 of chapter 49 part one of the Florida statute? Entertain a motion for yes. Motion for yes. 1077 03:31:31,078 --> 03:31:40,054 Motion. Yes, is their second Motion made and seconded any discussion. Being done all those 1078 03:31:40,054 --> 03:31:49,163 in favor say Aye, right opposed like sign. Being none. Yes, sir . The motion is for yes. Your 1079 03:31:49,163 --> 03:31:55,236 move into the penalty phase? Yes sir. As to count one the violation of code section 18 37 1080 03:31:55,236 --> 03:32:05,112 D 13 c two The penalty guidelines for violating code section 18 37 D 13. C two Um, 1081 03:32:05,112 --> 03:32:11,052 first violation is $502,000 fine . Repeat violation is 1000 to $5000 fine and suspension or 1082 03:32:11,052 --> 03:32:25,366 revocation. Yes Yes. This board can take what amounts did judicial notice that it is 1083 03:32:25,366 --> 03:32:37,144 previously found the respondent guilty of 18 37 d 13 c two in case 2020 repeat violations Yes 1084 03:32:37,144 --> 03:32:42,183 , and the two prior cases that were heard today. This quirk and Excuse me this board Can take 1085 03:32:42,183 --> 03:32:52,059 notice of that. Prior violations. Okay so repeat violations so you have 1000 to 1086 03:32:52,059 --> 03:33:05,139 $5000 fine. And suspension or replication. Can we make it the same time? Can we make it the 1087 03:33:05,139 --> 03:33:19,086 same thing? As the previous cases. PS record of that. You're Being P s case was a $1500 fine. 1088 03:33:19,086 --> 03:33:45,079 Previous with $1500. You wanna make it 15? And suspension. License. Right? That's it. 1089 03:33:45,079 --> 03:34:12,139 You're making. Any other. Motion made and seconded $1500 fine. All those in favor say Aye. No 1090 03:34:12,139 --> 03:34:23,284 opposed. Has had it $1500 fine move from account to account to the violation of code section 18 1091 03:34:23,284 --> 03:34:32,293 37 D 13 c two Uh, penalty guidelines for violating code section 18 37 D 13 c two first 1092 03:34:32,293 --> 03:34:37,365 violation of $502,000 fine repeated violation 1000 to $5000 fine and suspension or 1093 03:34:37,365 --> 03:34:57,151 Revocation. To the same violation. Different sport, a statute referenced statue. You 1094 03:34:57,151 --> 03:35:17,071 have $1000. Second Second. Motion made and seconded for $1000 fine. In the discussion. 1095 03:35:17,071 --> 03:35:25,112 We've done all those in favor say Aye. I oppose, like science. None of motion passes for $1000 1096 03:35:25,112 --> 03:35:38,225 fine count, too. Responders deadline to page 90 days. To pay. Motion motion 90 days 1097 03:35:38,225 --> 03:35:50,171 motion 90 days to pay Second. Ocean maiden safety. Somebody. If you got him for the motion, 1098 03:35:50,171 --> 03:36:00,080 then I seconded. All those in favor say Aye. By those like sign. Motion passes for 90 days 1099 03:36:00,080 --> 03:36:05,519 to pay the penalty for administration fees. Oh, yeah Motion administration needs to 1100 03:36:05,519 --> 03:36:13,627 be added. Is there a 2nd 2nd? Motion made and seconded any further discussion being known 1101 03:36:13,627 --> 03:36:21,068 All those in favor say, Aye. Opposed, like sign. Administrative fees are added. 1102 03:36:21,068 --> 03:36:33,113 The penalty for failure to comply. For them. Further back. No play you two penalty apply. 1103 03:36:33,113 --> 03:36:44,358 Suspension. We have suspension. For one year for one year for one year. For failure to comply. 1104 03:36:44,358 --> 03:36:55,402 Pension for one year, but I used to comply is their emotional Suspension. Have emotions, but 1105 03:36:55,402 --> 03:37:04,311 this their second Second motion made in the second. All those in favor say Aye opposed, like 1106 03:37:04,311 --> 03:37:14,121 sign. Being done. The motion passes suspension. One year complaint and your 1107 03:37:14,121 --> 03:37:31,071 recommendation to the C i O B. License. Um, Mr Lister, we didn't. There is no restitution 1108 03:37:31,071 --> 03:37:40,247 . Well that's not the case. She wants her to reimbursed. Kurt. 50% Yes, She's nodding her head. 1109 03:37:40,247 --> 03:37:52,192 Yes, from them. Yes, we need to consider that. That. Baits should restore 50% are for down 1110 03:37:52,192 --> 03:38:06,173 payment. That correct. Fit for Cindy, your down payment. You have that number. Proof of down 1111 03:38:06,173 --> 03:38:13,147 payment. There's her proof of down payment payment. So 50% of $24,125 to be paid within 90 1112 03:38:13,147 --> 03:38:21,355 days. And that was perfect Contract. Correct? Yes. Is that correct, ma'am. That was pretty 1113 03:38:21,355 --> 03:38:36,103 contract. Your contracts say that you would be. Ms Hampson if you can come up to the podium. 1114 03:38:36,103 --> 03:38:45,112 Is just what we agreed on. When we canceled the contract. That was your contract Price 24,000. 1115 03:38:45,112 --> 03:38:51,151 That's half of the contract price. But you get you want 50% back? Yes And he did agree to 1116 03:38:51,151 --> 03:39:02,229 pay that, but has not okay. Everybody straight on that. This is resting. This is to be paid 1117 03:39:02,229 --> 03:39:11,105 within the 90 days to. Is that correct? Correct She's requesting half of the down 1118 03:39:11,105 --> 03:39:16,410 payment amount. This is the check for the down payment. Okay? Over straight on that 1119 03:39:16,410 --> 03:39:33,227 motion. Half of $24,125. To be given to her within 90 days. All those in favor. Say Aye. Can we 1120 03:39:33,227 --> 03:39:42,102 hear from counsel on that about that? I do not have a concern with that at this point in time. 1121 03:39:42,102 --> 03:39:49,109 Believe there is confidence substantial evidence to support the rest of the eye. Closed. 1122 03:39:49,109 --> 03:39:55,149 Donald motion passes down payment to be paid within 90 days. No further action to the 1123 03:39:55,149 --> 03:40:06,093 G. I. L B. To be clear. The restitution amount is half of that. Which is what I said was 1124 03:40:06,093 --> 03:40:21,475 half its $24,062.50. All right. I'm ready for the last one. Yes, sir. Mr Chairman, I was making 1125 03:40:21,475 --> 03:40:30,084 that notation on that problem. The I don't is Matthew, thanks doing business as Construction 1126 03:40:30,084 --> 03:40:39,359 LLC State registered license number or R 28812. Contractor Competency Board complaint 1127 03:40:39,359 --> 03:40:48,102 number 2 to 0 to 15 C O M. It's in regards to Michael Couture. Um homeowner complainant at 9951 1128 03:40:48,102 --> 03:40:54,174 Lindell Drive to Florida. If you're going to provide testimony on the case, if you 1129 03:40:54,174 --> 03:41:11,291 could please stand and be sworn in. Alright. So again responded , is the state registered 1130 03:41:11,291 --> 03:41:17,331 residential contractor having been issued license number R R 282812001 in a skinny county, 1131 03:41:17,331 --> 03:41:26,140 Florida? Respondents address of record is 10370 Pensacola Boulevard. It's called Florida. 1132 03:41:26,140 --> 03:41:33,180 3 to 534 responded, is subject to regulation by the board. Michael Pandora hired the 1133 03:41:33,180 --> 03:41:40,087 respondent to repair his residence located at 9951 Lindell Drive. Pensacola Florida 1134 03:41:40,087 --> 03:41:47,094 3 to 5 to six homeowner executed the residential construction contract on December 23rd 2020. 1135 03:41:47,094 --> 03:41:54,234 For a total repair price of $26,400. On the point day December 24th 2020 homeowner 1136 03:41:54,234 --> 03:42:01,074 paint to the respondent an initial payment of $13,200 contract provided a start date 1137 03:42:01,074 --> 03:42:09,349 of June 21st 2021 Respondent obtained a permit on September 14th 2021. After several delays 1138 03:42:09,349 --> 03:42:13,120 and no completed project homeowner filed a complaint against respondent with the 1139 03:42:13,120 --> 03:42:18,292 board. Notice of the probable cause hearing was sent to the respondent at his address of 1140 03:42:18,292 --> 03:42:23,096 record via certified mail with return receipt requested. Respondent attended the problem 1141 03:42:23,096 --> 03:42:29,069 cause hearing on March 2nd 2022. At the probable cause hearing, the board heard testimony from 1142 03:42:29,069 --> 03:42:34,107 Escambia County Building Services Department staff, the homeowner and the respondent. 1143 03:42:34,107 --> 03:42:39,213 The board also considered documentary evidence pertinent to the issues. The testimony and 1144 03:42:39,213 --> 03:42:43,450 evidence showed that the homeowner hired the respondent to repair hurricane damage to 1145 03:42:43,450 --> 03:42:49,122 his home. The homeowner provided a down payment to the respondent on December 24th 2020. The 1146 03:42:49,122 --> 03:42:57,064 respondent obtained permitting for the project on September 20th September 14th 2021 Sorry. 1147 03:42:57,064 --> 03:43:01,401 There were continual delays in the project commenced more than nine months after the homeowner 1148 03:43:01,401 --> 03:43:06,106 made the initial down payment. The project remains incomplete and no final inspection has 1149 03:43:06,106 --> 03:43:11,345 incurred. The board determined that there was probable cause to believe that the respondent 1150 03:43:11,345 --> 03:43:26,059 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 1151 03:43:26,059 --> 03:43:33,133 37 d 13 c two provides that a code violation results from violation of any provisions of 1152 03:43:33,133 --> 03:43:40,140 Chapter 4 89 part one Florida statutes as amended. Florida statute. 49 1 26 to a one 1153 03:43:40,140 --> 03:43:46,146 provides that a contractor who receives as initial payment money totaling more Than 10% of 1154 03:43:46,146 --> 03:43:52,185 the contract price for repair, restoration improvement or construction to residential real 1155 03:43:52,185 --> 03:43:59,126 property must apply for permits necessary to do work within 30. Days of the date payment is 1156 03:43:59,126 --> 03:44:07,134 made. Respondent violated Florida Statute 49 1 26 to a one by applying for appropriate 1157 03:44:07,134 --> 03:44:13,073 permitting 264 days after receiving the initial payment from the homeowner. Accordingly 1158 03:44:13,073 --> 03:44:20,080 Respondent violating Scampi County Code section 18 37 D 13. C two by violating Florida 1159 03:44:20,080 --> 03:44:28,388 statute for 89 1 26 to a one A skinny county code section 18 37 d 13 c two provides that a code 1160 03:44:28,388 --> 03:44:34,328 violation results from violation of any provisions of Chapter 49 part one Florida statutes as 1161 03:44:34,328 --> 03:44:42,402 amended. Florida statute 49 1 26 to 82 provides a contractor who receives as initial payment 1162 03:44:42,402 --> 03:44:48,342 money totaling more than 10% of the contract prize for repair. Restoration improvement or 1163 03:44:48,342 --> 03:44:54,247 construction. Residential real property must start the work within 90 days after the date 1164 03:44:54,247 --> 03:45:02,089 all necessary permits for work, if any, are issues. Respondent violated Florida statute 49 1 26 1165 03:45:02,089 --> 03:45:07,294 to 82 by failing to convince work on the project within 90 days after the issuance of the 1166 03:45:07,294 --> 03:45:13,166 required permits. Accordingly responded violated Escambia County Code section 18 37. D 13 1167 03:45:13,166 --> 03:45:35,088 . C two by violating Florida State 49 1 26 to a two. Mr Culture. If you have something 1168 03:45:35,088 --> 03:45:41,194 else you would like to add. I have a point of clarification. Our contract start date in the 1169 03:45:41,194 --> 03:45:51,138 paperwork is listed as June 21st . It actually was April 1st of 2021. You get that? And then if 1170 03:45:51,138 --> 03:45:59,079 I may I just have a quick thing to add. I would like to echo what Miss Hambleton said. Um And 1171 03:45:59,079 --> 03:46:04,117 I didn't want this either. I was hopeful that when we came here today, my job would be completed 1172 03:46:04,117 --> 03:46:09,222 and I would ask you to go easy on this guy. But that's not the case. Um by allowing him to 1173 03:46:09,222 --> 03:46:14,327 continue to take contracts. He's taking money from people and he's not doing what he needs to 1174 03:46:14,327 --> 03:46:25,072 be doing. Mhm. That's an ethical it's wrong. You can make a recommendation to the clb. That 1175 03:46:25,072 --> 03:46:45,092 he had his license either suspended revoked as strongly urge you to do that. Really? 1176 03:46:45,092 --> 03:46:51,264 Yes, Mr Chairman doing that it was there. Any request for restitution involved in this one 1177 03:46:51,264 --> 03:47:04,177 as well or No restitution. Okay? Mr Chairman, if I could just clarify for record purposes that 1178 03:47:04,177 --> 03:47:13,086 respondent has the opportunity to board on this case and has denied. For the record, he's 1179 03:47:13,086 --> 03:47:23,096 nodding his head. Yes. Thank you, John. All right, sir. As to count one, the alleged violation 1180 03:47:23,096 --> 03:47:29,302 of skinny county code section 18 37 d 13. C two. Is there a finding that Mr Bank violated 1181 03:47:29,302 --> 03:47:42,082 any provisions of chapter 4 89 part Florida statute? Potato motion of yes. Motion for yes. 1182 03:47:42,082 --> 03:47:51,258 Motion made and seconded any discussion. No discussion. All those in favor say Aye opposed, 1183 03:47:51,258 --> 03:48:01,234 like sign. Motion approved is yes. As to count two the alleged violation of a skinny county 1184 03:48:01,234 --> 03:48:08,275 code section 8 37 d 13. C two. Is there a finding that Mr Banks violated again? Any provisions 1185 03:48:08,275 --> 03:48:17,417 Chapter 49, part one Florida statutes. Mostly made of Yes, sir. Second Second motion made 1186 03:48:17,417 --> 03:48:26,159 and seconded. All those in favor say Aye, alright, opposed, like sign being none. The motion is 1187 03:48:26,159 --> 03:48:36,069 approved of yes. Moved Berries. As to count one. The violation of code section 18 37 D 13. C 1188 03:48:36,069 --> 03:48:44,411 two Penalty guidelines first violation. $500,000 Fine, repeat violation 1000 to $5000 fine and 1189 03:48:44,411 --> 03:49:01,061 suspension or revocation. 1190 03:49:02,095 --> 03:49:21,114 Doing fine. Is this a repeat violation to repeat violation. What was our last finding? I 1191 03:49:21,114 --> 03:49:38,198 think we did 1500 on the less than the last. Yourself. 1500 last one. I think 1192 03:49:38,198 --> 03:50:00,086 we'll do more than this. Suggest 3000. Honest 2500. To make that emotion. 0.500. And its 1193 03:50:00,086 --> 03:50:18,171 suspension replication. Motion in a second. All those in favor say Aye. Opposed. I know. One 1194 03:50:18,171 --> 03:50:27,147 opposed. There's going to be suspension. We've got him already for suspension and 1195 03:50:27,147 --> 03:50:33,219 suspension, probation. We don't have any suspension. We have suspension is a penalty. If you 1196 03:50:33,219 --> 03:50:39,292 don't pay. The fees you gotta do is pay the fee and this saga continues. We can't handle it 1197 03:50:39,292 --> 03:50:47,400 with a recommendation to the clb. Okay. Thank you, sir. So the motion on floor is for 1198 03:50:47,400 --> 03:50:59,112 $2500.05. All those in favor say Aye. Opposed. Big notes. Motions approved for 2500 and five count 1199 03:50:59,112 --> 03:51:08,154 12 count to the violation of code section 18 37 D 13. C two The penalty guidelines are for 1200 03:51:08,154 --> 03:51:14,327 first violation. $502,000 Fine, repeat violation 1000 to $5000 fine and suspension or 1201 03:51:14,327 --> 03:51:33,313 revocation. I suggested $2500 on this. Most inmates for $2500. Your second. Second might 1202 03:51:33,313 --> 03:51:44,090 dissected. In a discussion. Being done all those in favor say Aye. I opposed, like sign. 1203 03:51:44,090 --> 03:51:53,166 Being none. The motion for $2500 fine is approved. To entertain a motion must be paid within 90 1204 03:51:53,166 --> 03:52:11,084 days. Motion for 90 days, not. Second motion made put 90 days if not paid suspension for one 1205 03:52:11,084 --> 03:52:23,062 year. Okay? Most invading seconded all those in favor say Aye. I like science. Being not 1206 03:52:23,062 --> 03:52:29,269 the motion for 90 days, and it's not paid to suspension for one year. Prove Staff would 1207 03:52:29,269 --> 03:52:39,279 administrative costs to be reimbursed. Okay Amazing. Sacred for administrative cost second 1208 03:52:39,279 --> 03:52:49,155 consecutive All those in favor say aye time. No motion for administration cost it cost to 1209 03:52:49,155 --> 03:52:59,165 be added. Is approved. And now your recommendation to the C i. A L B is a recommendation of 1210 03:52:59,165 --> 03:53:14,314 revocation of license. Motion or second. Did you make a motion? Mr Was that true emotions you 1211 03:53:14,314 --> 03:53:26,059 do? I will make a motion. To the recommendation to the C i. L B is revocation. Or suspension. 1212 03:53:26,059 --> 03:53:42,075 Well, it's either one or the other. It's not both. I think you can make a recommendation. 1213 03:53:42,075 --> 03:53:47,146 For To consider one or the other. You can't. That's this. I'm saying you can't do 1214 03:53:47,146 --> 03:53:54,087 suspension or revocation. You can do suspension replication, but okay. I thought it was a 1215 03:53:54,087 --> 03:54:00,059 recommendation. They have to make the decision. So just for clarification. Your 1216 03:54:00,059 --> 03:54:06,132 recommendation for the C C i l B is advised on how you feel they should take action can be for 1217 03:54:06,132 --> 03:54:13,139 either or not both. That's what I'm saying. You can't do both. You do one or the other of them. 1218 03:54:13,139 --> 03:54:32,058 So Let's make a recommendation. Two or we can have them issue a fine Or a combination thereof. 1219 03:54:32,058 --> 03:54:38,164 There's all detailed so I would recommend the suspension was chair, okay recommendation of 1220 03:54:38,164 --> 03:54:46,072 the suspension for how long? Minimum one year, Okay recommendations for suspension. 1221 03:54:46,072 --> 03:54:59,085 For one year. Flex. Discussion. Go ahead. And we want to suspend them and not don't know how many 1222 03:54:59,085 --> 03:55:02,188 projects he's got going on. We're gonna leave people hanging. Oh, he's made a lot of 1223 03:55:02,188 --> 03:55:15,335 mistakes. But he suspended he can't operate. So if the state where to take the action of 1224 03:55:15,335 --> 03:55:22,141 suspension against his license, his registration Ultimately that suspends any. Jurisdiction of 1225 03:55:22,141 --> 03:55:29,048 where he has that license held at so, uh, it definitely would be a skinny counting. I know 1226 03:55:29,048 --> 03:55:34,387 that he works in the city, as evidenced by cases. Other jurisdictions. We've just given 1227 03:55:34,387 --> 03:55:41,060 him 90 days. Before we were gonna suspend his license and never going to give the 1228 03:55:41,060 --> 03:55:45,098 recommendation to the state that they immediately suspend his license. It doesn't make sense. 1229 03:55:45,098 --> 03:55:49,168 We were going to do that. We should have done that already. That's my personal look. That's 1230 03:55:49,168 --> 03:55:57,310 my personal belief about that. Matt, can you have any kind of. Structure of that. Here's here's 1231 03:55:57,310 --> 03:56:07,086 something else. Councilor says restriction of registration Happy. Can we restrict his 1232 03:56:07,086 --> 03:56:19,065 Registration. Two for two staff on that they're more lb. Restriction of registration 1233 03:56:19,065 --> 03:56:27,073 would be that you could require Mr Banks to do more continuing education. Not be able to pull 1234 03:56:27,073 --> 03:56:34,080 permits within a specific jurisdiction. Um uh, probationary period time. That 1235 03:56:34,080 --> 03:56:41,287 would be what you would say to the C, i l b Hey. This is what we want. Okay within his 1236 03:56:41,287 --> 03:56:47,226 restriction of his registration discussion phrase. Registration of restriction of registration. 1237 03:56:47,226 --> 03:57:00,073 We could say he's not permitted to pull any new permits. I agree . John completed that idea. Job 1238 03:57:00,073 --> 03:57:08,681 You restrict him for pulling any new permits. Until either committed completed the ones 1239 03:57:08,681 --> 03:57:18,124 that are We could ask them to do that. I would need to confirm with the C I O b that that that 1240 03:57:18,124 --> 03:57:21,394 is part of that restriction Me and the building official Tim Tolbert. We're just talking and, 1241 03:57:21,394 --> 03:57:29,268 um We? He feels that it might be just a restriction of where he could register that license, Mr 1242 03:57:29,268 --> 03:57:37,143 Chairman. DBP are doesn't. They have no say whether permit can be issued or not. It depends on 1243 03:57:37,143 --> 03:57:45,084 the jurisdiction. I believe that Those restrictions would be on his registration with the state. 1244 03:57:45,084 --> 03:57:51,357 It could be, it would not happen bearing gear. It would. It would. It would have a bearing 1245 03:57:51,357 --> 03:57:59,165 and The entire state. But I don't know that that dbp are can tell a local jurisdiction 1246 03:57:59,165 --> 03:58:05,238 whether they can issue a permit. Or not, it would be something like there's a restriction on 1247 03:58:05,238 --> 03:58:11,043 his registration with the state . In other words, local license has to be registered with the 1248 03:58:11,043 --> 03:58:18,251 state. No they could act on that registration that they hold. But I don't believe that the state 1249 03:58:18,251 --> 03:58:28,094 could Um. Enforce anything on permit regulations because that's all local brings up there 1250 03:58:28,094 --> 03:58:39,305 they can We Restrictive county this point in time. Border. You've already. I guess my 1251 03:58:39,305 --> 03:58:47,313 question What is the What? What do you do in terms of restricting him restrict him 1252 03:58:47,313 --> 03:58:54,086 from opening any new permits until all his permits are Inspected, satisfied. I don't 1253 03:58:54,086 --> 03:59:03,095 Seeing an issue with that. It would be akin to Are you saying it would be akin to What this 1254 03:59:03,095 --> 03:59:07,266 board can do to a state certified, understand back talking about the state 1255 03:59:07,266 --> 03:59:13,139 certified. Is that the type of and that's the question is that the type of remedy you were 1256 03:59:13,139 --> 03:59:17,410 seeking in the penalty. Yeah Essentially suspension of privileges going forward 1257 03:59:17,410 --> 03:59:25,218 Question right now. Yes And this board restrict him pulling any new permits until others are set 1258 03:59:25,218 --> 03:59:31,524 to all other outstanding permits or satisfied. I don't see an issue with that, logistically, 1259 03:59:31,524 --> 03:59:40,099 it might be a little difficult. When you're saying until they're satisfied. Don't see an issue 1260 03:59:40,099 --> 03:59:47,039 with you putting a timeframe on Suspension of preventing privileges. I mean, we can do 1261 03:59:47,039 --> 03:59:52,144 that if the board and we do that. Yeah, we can. You know if the board uh Asked us to do 1262 03:59:52,144 --> 04:00:00,253 that. Absolutely. Okay? Who details entertain a motion details that my question for us 1263 04:00:00,253 --> 04:00:07,126 John is then who details The satisfaction effort. Because that can be according to the 1264 04:00:07,126 --> 04:00:11,397 customer. That could be I mean, we need a detail that in in in this this room right now and 1265 04:00:11,397 --> 04:00:16,535 say, well, If he's the satisfaction is completed permit, then that's that would 1266 04:00:16,535 --> 04:00:25,044 be Will be would decide here. Satisfaction is a customer that fits satisfied. I mean, How do 1267 04:00:25,044 --> 04:00:32,318 you How do you do You close a permit inspection, Right? Would be CEO. Can we make this 1268 04:00:32,318 --> 04:00:40,359 statement that he can pull? No. Future or new permits until all permits are closed and properly 1269 04:00:40,359 --> 04:00:52,204 inspected. Concerned with that. Sorry I do not have a legal concerns. Does that satisfy you? 1270 04:00:52,204 --> 04:01:01,380 We could do that, if directed by the board. Sure. And maybe, uh, The license holder would apply 1271 04:01:01,380 --> 04:01:11,190 for Reinstatement of permitting privileges after that to the board. Think you ought to put a 1272 04:01:11,190 --> 04:01:20,099 time frame. No more new permits for one year. But if you say complete them all the man still 1273 04:01:20,099 --> 04:01:25,104 has a business and employees and he's just got this one job is trying to finish. It doesn't 1274 04:01:25,104 --> 04:01:36,148 have a future. Make that into motion. No. News permits for a period of one year. Today. Oh 1275 04:01:36,148 --> 04:01:41,220 pretty much must be closed properly, and it's spect ID. Absolutely outstanding permits 1276 04:01:41,220 --> 04:01:50,229 must be closed properly and inspected and he must That seat. Statement of his permitting 1277 04:01:50,229 --> 04:01:57,103 privileges before this goes back to the initial thing he's got to have all done. He's gonna You 1278 04:01:57,103 --> 04:02:05,177 won't have employees. Continue to work. For how you do it will make the results, saying just 1279 04:02:05,177 --> 04:02:13,152 suspend them no more new permits for one year. So he's still you don't have to fit in one year. 1280 04:02:13,152 --> 04:02:23,095 You get a inspection every six months that job. In some, maybe it shouldn't be here to do it. 1281 04:02:23,095 --> 04:02:32,204 But right now it takes a long time to get trust is one case no new permits for one year. Hello. 1282 04:02:32,204 --> 04:02:47,053 Just no new permits. But one year Let him. Mhm. I'm good with that. There's a. The three or 1283 04:02:47,053 --> 04:02:53,192 four months to clean up what I got, and then do that problem. And we worked. It doesn't matter 1284 04:02:53,192 --> 04:02:59,065 about the problem. Now you're gonna do what you do, but I'm saying that's what time I Lot of 1285 04:02:59,065 --> 04:03:04,303 I am good with organizing and have finishing, and I do have to do this. Or pull this or get 1286 04:03:04,303 --> 04:03:10,209 this being detailed or do this. If you do that, now, you might as well take my license. Because 1287 04:03:10,209 --> 04:03:18,217 if you say Hey, Mr Banks in six months. You can't pull permits for a year. I'm good. But I need 1288 04:03:18,217 --> 04:03:25,091 time to clean this mess up just So are you saying you have customers Now that you've taken 1289 04:03:25,091 --> 04:03:29,361 money and you haven't pulled their permits? Yeah Projects as well done on yes projects that 1290 04:03:29,361 --> 04:03:38,137 are willing Then add. Or I haven't pulled a permit or they want to take the ball out of 1291 04:03:38,137 --> 04:03:46,145 condition on doing this modification. 30 40 of them. Let me ask you question. Why is it 1292 04:03:46,145 --> 04:03:52,051 that it take you so long to go and pull these permits that get the money? Plans Engineering 1293 04:03:52,051 --> 04:04:00,159 design can't get in. Unless it's something I don't need plans. I can't get them that well, You 1294 04:04:00,159 --> 04:04:08,200 may not need to be taking the money. How do you How do you know? I'm sorry. Can we? Can we 1295 04:04:08,200 --> 04:04:13,239 come on the second man? Hold on a second, man. Hold on, just a second man. Can we not? We 1296 04:04:13,239 --> 04:04:20,045 refrained from any other comments from the from The public for just just let him 1297 04:04:20,045 --> 04:04:29,054 okay. Longer agreement. We sit down and have a conscience. Contract states reform the work 1298 04:04:29,054 --> 04:04:35,327 and it is so come on contract states. So every every complaint that contract 2.2. You'll have a 1299 04:04:35,327 --> 04:04:42,168 copy of it nonrefundable and they sign it. And I give them a start date. Six months out there 1300 04:04:42,168 --> 04:04:46,338 . Good with it. I start design phase of that contract if I don't get designer engineering 1301 04:04:46,338 --> 04:04:52,178 Trolls tells me to hit the road and the city looks at me crazy if I just submit a form, 1302 04:04:52,178 --> 04:04:58,050 understand your business practice there, But there is the code. You can't take that money 1303 04:04:58,050 --> 04:05:04,089 and not full of permit. That's that's where this disconnect is happening with code could care 1304 04:05:04,089 --> 04:05:09,161 less than you got plans. I'm not arguing. I'm just saying, if I had some time to do that, Mr 1305 04:05:09,161 --> 04:05:14,066 Bates, can I ask you a question? How do you know how much to charge? But if you don't have 1306 04:05:14,066 --> 04:05:20,172 planted specs that's like Yeah, if, if you know if I don't even know if I don't have a plan, 1307 04:05:20,172 --> 04:05:25,244 inspect for what I'm doing. I can't give you a price. So we have a scope of work. So you do 1308 04:05:25,244 --> 04:05:31,250 a set of plans for You know a bathroom? You do a full set of plans for bathroom. You. Don't 1309 04:05:31,250 --> 04:05:36,188 you do it off a scope of work, Can you? You said you have to get plans after the fact. How do 1310 04:05:36,188 --> 04:05:41,460 you do Do it based off a scope of work based off everything they were telling me and in my 1311 04:05:41,460 --> 04:05:46,065 contract, it says, if anything is added, or differential rates by the engineer Those prices 1312 04:05:46,065 --> 04:05:50,169 could change in the contract. Literally word for word that that shouldn't prevent you from 1313 04:05:50,169 --> 04:05:57,309 getting a permit. But when I pulled go to poor permit if I don't have a plot, planned 1314 04:05:57,309 --> 04:06:02,147 protest engineer plans within 30 days. It doesnt Charles. Don't take that. He tells me hit the 1315 04:06:02,147 --> 04:06:06,218 road. So you don't take that. So what we've been doing is literally right in the 1316 04:06:06,218 --> 04:06:09,355 customer's name, putting building the house and submitting it. That's what I've 1317 04:06:09,355 --> 04:06:14,260 been doing since this last meeting to show that I pulled my permit in 30 days. I don't know 1318 04:06:14,260 --> 04:06:21,033 what else to do, Mr. Chairman Let me clarify some things that permit application is good for 1319 04:06:21,033 --> 04:06:27,072 six months and after a permit is pulled within that six months. Then we start another six months 1320 04:06:27,072 --> 04:06:31,377 for any action on the permit. We're talking application talking application. You're not 1321 04:06:31,377 --> 04:06:39,151 even applying for the permits. Well, I'm saying if you submit that permit on the portal or you 1322 04:06:39,151 --> 04:06:44,089 come out here to make the Charles and you don't have a plot plan, we all know what he's 1323 04:06:44,089 --> 04:06:48,227 gonna do. I'm not. I'm just saying he's gonna say no. No plot plan, no engineering. Come 1324 04:06:48,227 --> 04:06:52,731 back, Stephen. When you got it, That's what he's going to say. That's what happens. Same thing 1325 04:06:52,731 --> 04:06:57,069 at the city. I'm not telling you something You don't know. You all know that. You ain't got 1326 04:06:57,069 --> 04:07:00,372 engineering drawings. Lachlan tells you how you got him for two months. Well, Mr Charles 1327 04:07:00,372 --> 04:07:05,644 Laughlin ain't got him What you want to I mean, I'm not saying I'm right, I'm saying Tell me 1328 04:07:05,644 --> 04:07:10,115 how to fix it. Yeah, don't don't take the money and take the money plays for the engineering 1329 04:07:10,115 --> 04:07:16,522 the plan. The plan has been I think you need to see the attorney honestly about how to 1330 04:07:16,522 --> 04:07:21,160 write your contract, right? I got it. Just an attorney from somebody who can, you know? I've 1331 04:07:21,160 --> 04:07:27,466 lost tons of money, Mr Banks, I have I And anybody is in business, don't you? You're 1332 04:07:27,466 --> 04:07:34,073 gonna lose some money along the way because of learning. And if you find a way that you can have 1333 04:07:34,073 --> 04:07:41,113 an owner give you a small small deposit that covers The engineering plans, etcetera, 1334 04:07:41,113 --> 04:07:47,419 very mental just to cover that covers you because you're pretty exposed. It appears I knew this 1335 04:07:47,419 --> 04:07:55,127 but I mean, there's a lot that's going against you here, baby. I understand. I have no offense to 1336 04:07:55,127 --> 04:08:03,102 you. I hate to see this. Trust me. I hate to see this. I want you to hear me Say that man. I'm 1337 04:08:03,102 --> 04:08:09,041 serious. I'm not no robot up here. These are human people at the same time. This can't keep 1338 04:08:09,041 --> 04:08:14,313 going, bro. But you're you're gonna what I'm saying. A bunch of families and your family. 1339 04:08:14,313 --> 04:08:19,318 What you're not seeing is resolving these at times, over and over. I've got 2030 of them. 1340 04:08:19,318 --> 04:08:25,190 I could stand here in a row. And tell you every single of their stories and we're finishing jobs 1341 04:08:25,190 --> 04:08:30,095 . We're not just sitting on her hands the jobs that I that I continue to put on it. There's 1342 04:08:30,095 --> 04:08:33,432 an off doable. There's a real people they're getting done right now. So and I'm and I'm 1343 04:08:33,432 --> 04:08:38,337 getting to you and I'm getting to them. But if you tie my hands what am I gonna do? Understand 1344 04:08:38,337 --> 04:08:43,208 that, But if we don't tie your hands, how many more people is going to be in this? Like I 1345 04:08:43,208 --> 04:08:48,213 said, Regards the decision You made. I'm a skill cabinet man. I'm going to go to work. And if 1346 04:08:48,213 --> 04:08:53,085 I got to work to pay these people back without a license is what's going to happen. Question 1347 04:08:53,085 --> 04:09:01,393 for the attorney. Could we say, Give him Three months and after that suspended because he's got 1348 04:09:01,393 --> 04:09:09,134 all these other people That he may do right by That's out there. Otherwise he can't. Do 1349 04:09:09,134 --> 04:09:14,273 the job and he's taking money and the people are counting on them to do their job. They 1350 04:09:14,273 --> 04:09:20,145 hadn't hired anybody else, Mr Waters. I have no concerns with that. Especially given Mr Banks 1351 04:09:20,145 --> 04:09:30,155 is I have no concerns with that . Especially given Mr Banks's request for that delay. I'm 1352 04:09:30,155 --> 04:09:38,230 making a motion that we give us the banks three months. And after that, that and that's for 1353 04:09:38,230 --> 04:09:43,168 him to get these permits and all of this stuff for the new clients that he has, and after 1354 04:09:43,168 --> 04:09:49,141 that didn't suspend his license overall permitting privileges. For one year scam. The 1355 04:09:49,141 --> 04:09:56,081 accounting I don't know that we can do anything with the city of Pensacola. But The skin 1356 04:09:56,081 --> 04:10:02,187 accounting. I'm just saying, I'm on the job that I had a permanent on Open it up, and 1357 04:10:02,187 --> 04:10:07,292 it's load bearing. I mean, engineering permit. What? What? What do I do? The job of 1358 04:10:07,292 --> 04:10:15,501 exposing It's sitting on load. What do you want me to do? Come down here and show it And then 1359 04:10:15,501 --> 04:10:27,479 one of y'all get what What am I going? Her case basis. Colbert. Well I'm I'm assuming a permits 1360 04:10:27,479 --> 04:10:38,357 pulled already if you're opening it up, and that's just a revision. That would also 1361 04:10:38,357 --> 04:10:43,295 dovetail. I'm with her growing on this. That would also dovetail into that 90 days, but 1362 04:10:43,295 --> 04:10:54,306 he's got all this time he needs to pay. All these fines. I would second that motion. We're we are 1363 04:10:54,306 --> 04:11:00,178 all human. Mr Lister's correct. We're all here. And, um I believe this board has showed 1364 04:11:00,178 --> 04:11:09,221 Matt Mr Banks. And even Mr Lacoste in previous Decisions that we can be lenient at the 1365 04:11:09,221 --> 04:11:18,096 same time showing force And requirements. Would you agree? If we had it that they have to 1366 04:11:18,096 --> 04:11:24,236 eat have to come to you. If he runs into a problem. Oh, absolutely Sure. Nowhere to give 1367 04:11:24,236 --> 04:11:30,475 him the 90 days. If he finds out he has to do it. He has to come talk to the building. Official. 1368 04:11:30,475 --> 04:11:38,150 To get approval. In your motion that way. Okay motion for giving us the banks 90. Days to pull 1369 04:11:38,150 --> 04:11:47,326 these other permits. And if he has any defeat Uh, has any issues on existing That's beyond 1370 04:11:47,326 --> 04:11:55,367 that. Then they see Mr Talbert. And after the 90 days is license. Ability to pull permits 1371 04:11:55,367 --> 04:12:01,540 and a scam you counted will be suspended for one year. Yeah. Motion made and secretary 1372 04:12:01,540 --> 04:12:14,086 discussion. Being done All those in favor say Aye. Alright, opposed like son. Motion passes. 1373 04:12:14,086 --> 04:12:25,063 And your recommendation to the C I. A L B is Mhm. It was Done, okay? If we've done all this 1374 04:12:25,063 --> 04:12:31,370 other We're giving them the report that what they wanted to do, but we don't have any 1375 04:12:31,370 --> 04:12:38,110 specific recommendation this year. Mr Mr Lister, are you okay with that? Yes. We do need a 1376 04:12:38,110 --> 04:12:43,215 motion on that because emotion was never made. A motion was never made for no further action 1377 04:12:43,215 --> 04:12:49,187 on that. Okay Motion no further no further action to CLP. All those in favor say Aye. Posed 1378 04:12:49,187 --> 04:12:59,464 did not Motion presents. Okay so we're circling back to public forum. I do have a public forum. 1379 04:12:59,464 --> 04:13:04,236 I do have some speaker request forms. I'm just gonna start which with the one that was on 1380 04:13:04,236 --> 04:13:12,377 top. Johnny Harris, Johnny Harris. Mr Chairman, as I'm feeling a little under the 1381 04:13:12,377 --> 04:13:18,150 water, Never mind. Okay. Thank you. I'm feeling a little under the weather. Do you have any 1382 04:13:18,150 --> 04:13:23,255 objection you go for today? What? What we're doing now doesn't have anything to do with 1383 04:13:23,255 --> 04:13:36,101 you. If you'd like to address the board, you can more than happy to address the board and 1384 04:13:36,101 --> 04:13:52,250 you I didn't. Charles spat. I think it says Patch. They left, Okay. S P A. T. C. H. Jennifer 1385 04:13:52,250 --> 04:14:01,093 Anderson. Jennifer Anderson, Okay? If you can just come to the podium, state your name and 1386 04:14:01,093 --> 04:14:11,103 address, please. Thank you. Low. My name is Jennifer Anderson. My address is 3036 Coral Strip 1387 04:14:11,103 --> 04:14:19,077 Parkway Gulf Breeze. I realize I'm not a resident of your county, but I think Um I 1388 04:14:19,077 --> 04:14:25,117 appreciate the opportunity to speak to you All I know it's been a long morning. I think you 1389 04:14:25,117 --> 04:14:30,021 have an important job. That's what I realized here today. You have a really important job, and 1390 04:14:30,021 --> 04:14:35,260 I just want to speak to a few things that Mr Banks said about his contract. He does have a 1391 04:14:35,260 --> 04:14:40,132 contract that's true. We did sign a contract, but we refused to sign it with this non 1392 04:14:40,132 --> 04:14:48,073 refundable clause in there, and on February 2nd of 2021 16 months ago. We gave Mr Banks 1393 04:14:48,073 --> 04:14:59,050 $40,000. $40,000 that I worked for a year to earn. And he has done no work. Zero work at my 1394 04:14:59,050 --> 04:15:08,126 home at all. And 16 months. That 16 months tomorrow. Um like many others you've heard from and you 1395 04:15:08,126 --> 04:15:12,097 will continue to hear from. We weren't notified of a recovery fund permits weren't applied for 1396 04:15:12,097 --> 04:15:18,036 all that fun stuff. Like many others that you've heard from and you will continue to hurt 1397 04:15:18,036 --> 04:15:23,241 here from work did not start on our start date that was within our contract of make 20 may 17th 1398 04:15:23,241 --> 04:15:30,348 2021. And we had to reach out seven different times for seven different start dates that came 1399 04:15:30,348 --> 04:15:36,054 and went with no communication whatsoever. Seven different times. None of those seven times 1400 04:15:36,054 --> 04:15:41,092 had any notice of commencement filed. Don't know what that says to you, but it says to me, I 1401 04:15:41,092 --> 04:15:47,265 wasn't really planning on doing any work. So unlike most of the others I've heard here or know 1402 04:15:47,265 --> 04:15:51,269 of, and there are a lot of people will eventually find each other. And we have we found 60 1403 04:15:51,269 --> 04:16:01,246 strong at this point. Um. We declined to enter that contract , and Mr Banks agreed to remove 1404 04:16:01,246 --> 04:16:07,052 it and then our contract. It's crossed out. He initialed it and said, Now we won't make your 1405 04:16:07,052 --> 04:16:14,125 your refund. Uh Nonrefundable your deposit nonrefundable. So in September 15th of 2021 7.5 1406 04:16:14,125 --> 04:16:21,132 months or 224 days After our initial deposit, we requested to cancel our job. One reason was 1407 04:16:21,132 --> 04:16:30,175 our apartment was 134 days after our initial Deposit, so $40,000 gone. Um after being told that 1408 04:16:30,175 --> 04:16:34,279 our deposit was nonrefundable based on his contract, we reminded him and sent him a copy 1409 04:16:34,279 --> 04:16:41,186 of the contract. And then we were emailed this breakdown on our project by bank C. 00 at the 1410 04:16:41,186 --> 04:16:48,293 time Jacob North 3700. I'm going to round up or down here. Thirty seven hundred nine return items 1411 04:16:48,293 --> 04:17:00,138 on a framing package. 2800 and 30% restock be on this framing package. Permit the. $3700 of 1412 04:17:00,138 --> 04:17:10,081 admin fees. $23,700. Expected profit on a job you did nothing on they were going to retain. 1413 04:17:10,081 --> 04:17:15,220 This thing writing communication to act all of this up. This would leave this part of the 1414 04:17:15,220 --> 04:17:23,061 communication, a difference of 5700 and $85.32. And we can refund that to you in 90 days. 1415 04:17:23,061 --> 04:17:28,333 So my $40,000 deposit they were willing to refund less than 6000 for work. They never actually 1416 04:17:28,333 --> 04:17:37,208 started. No materials ever received. And retain that profit. So their admin fees. 1417 04:17:37,208 --> 04:17:41,413 We'll get to that in a minute. Let's start with the materials. When I asked for our materials I 1418 04:17:41,413 --> 04:17:46,084 said, Well, you you took my money. You're telling me about a framing package? That's mine, 1419 04:17:46,084 --> 04:17:53,224 right? Ah they said, you'll have to talk to her attorney. I said, we'll go pick it up. You don't 1420 04:17:53,224 --> 04:17:58,263 have to deliver it. Where is it? You have to talk to our attorney again. I have communications for 1421 04:17:58,263 --> 04:18:04,102 all of this. Those non refundable items should be mine. So After I asked who their 1422 04:18:04,102 --> 04:18:09,074 attorney was two times and was ignored. I started calling around. I found my framing 1423 04:18:09,074 --> 04:18:15,647 package. Pittman Lumber. Ken Pittman Lumber told me Yes, it has been scheduled for delivery 1424 04:18:15,647 --> 04:18:21,086 . That's one of those, Um sorry. Three of those seven dates. Yes, It's been scheduled for delivery 1425 04:18:21,086 --> 04:18:25,123 three times, but we can't deliver something that hasn't been paid for. And you can't 1426 04:18:25,123 --> 04:18:32,297 pick it up because it hasn't been paid for. So I said, Interesting. Um So it's been 1427 04:18:32,297 --> 04:18:40,338 now. 7.5 months later, he's attempting to keep our money through expensing these 1428 04:18:40,338 --> 04:18:45,276 materials that he won't deliver to me and I can't go get Because they're not paid for on the 1429 04:18:45,276 --> 04:18:50,315 admin fees. There was no breakdown provided for that number of 3700 roughly, but this 1430 04:18:50,315 --> 04:18:59,391 amounts to 147 hours are over 3.5 weeks at $25 per hour. Ah! I don't know what that is because 1431 04:18:59,391 --> 04:19:07,198 most of the communication was initiated by me. So um, given the loss of $40,000 I felt 1432 04:19:07,198 --> 04:19:15,140 forced to renegotiate with With Mr Banks. I went back to him and said, Mr Banks instead of an 1433 04:19:15,140 --> 04:19:22,213 addition on our kitchen, how about you just remodeled the 10 by 10 100 Square feet. That's 1434 04:19:22,213 --> 04:19:28,219 there. Would you put some cabinets and countertops? And a backsplash. And we'll call it 1435 04:19:28,219 --> 04:19:36,094 even. That's $400, a square foot. Right highway robbery. But I said all I wanted is this 1436 04:19:36,094 --> 04:19:45,070 kitchen. So we were willing to do it. We renegotiated our contract. With an amended 1437 04:19:45,070 --> 04:19:49,240 exhibit A that said demolition and construction were two installation. Forgive me. 1438 04:19:49,240 --> 04:19:55,346 Demolition Demolition installation was to commence on 12 6 did not Six more start 1439 04:19:55,346 --> 04:20:03,188 dates with no notice of commencement. For a total of 13 different start dates. I started 1440 04:20:03,188 --> 04:20:10,195 reaching out and in February and said, Where are my cabinets? It's just cabinets. He professed 1441 04:20:10,195 --> 04:20:17,135 himself as a cabinet guy. He just said I started another L L C. As a cabinet guy. However let 1442 04:20:17,135 --> 04:20:21,272 me tell you those are both listed as construction companies. They're not listed as 1443 04:20:21,272 --> 04:20:28,313 cabinetry companies. So. Where are my cabinets? On February 2nd. We were told our cabinets 1444 04:20:28,313 --> 04:20:35,186 were 3.5 to 4 weeks out. After waiting four weeks on March the eighth I reached out And we were 1445 04:20:35,186 --> 04:20:41,126 told, our cabinets were 4 to 6. Weeks out, and demo could start in five weeks on 4, 12 and work 1446 04:20:41,126 --> 04:20:46,331 would be complete by 5 15. We made the decision at this point , and it was a strategic 1447 04:20:46,331 --> 04:20:52,103 decision on our part to send to the man letter. Because of the time Um and we demanded that 1448 04:20:52,103 --> 04:20:57,542 works start in 30 days. And complete within 90 days or you refund our money. To date. None 1449 04:20:57,542 --> 04:21:05,250 of that has happened. None of it. Nothing has happened. No cabinets, though he promised to 1450 04:21:05,250 --> 04:21:11,122 have them delivered by May 6th and I said, You're not Demoing my kitchen. I think we can all 1451 04:21:11,122 --> 04:21:15,493 appreciate why wouldn't allow him to demo My house. And anyway until I had all the materials 1452 04:21:15,493 --> 04:21:21,232 there, but I have not no materials. So I asked for another accounting of our 1453 04:21:21,232 --> 04:21:27,105 expenses. This is what I got this Administrative fees, 14 hours and $25 per hour. 3 50 1454 04:21:27,105 --> 04:21:36,314 permit fees again. Same same fee design fee 15 hours at $100 per hour, 1500. I think I'm going to 1455 04:21:36,314 --> 04:21:45,089 retire as an executive at Navy, federal and go into designing my cabinets were $10,550.75 so. On 1456 04:21:45,089 --> 04:21:51,095 all of this and banks process in general, and most of the complaints I've seen and heard 1457 04:21:51,095 --> 04:21:56,067 here and there are a lot more that haven't come come forth yet, um, who had been promised 1458 04:21:56,067 --> 04:22:03,208 these refunds? You're not getting these refunds. Um. We're paying premium deposits to the 1459 04:22:03,208 --> 04:22:12,116 sky premium more than 50% of the total cost of my job. My total cost 79,000 gave him $40,000. 1460 04:22:12,116 --> 04:22:20,091 And when I say my heart own money, I mean mine. We're doing most of the management of these 1461 04:22:20,091 --> 04:22:25,196 ourselves. People are picking up their own materials. People are having their own tools used. 1462 04:22:25,196 --> 04:22:30,501 You're going to hear from those people. He's not stopping. He's going and collecting more money 1463 04:22:30,501 --> 04:22:35,106 . You're going to hear from people who have called them and they said I can start in a 1464 04:22:35,106 --> 04:22:40,345 month. I just need to run by and pick up a check starting a month. So I don't believe he's 1465 04:22:40,345 --> 04:22:48,152 behind. Um Why is he telling people he can start in a month? If he's so far behind? I'm 16 1466 04:22:48,152 --> 04:22:53,324 months, no work, So I think this is an M o. But that's my opinion. I'll keep that to 1467 04:22:53,324 --> 04:22:58,096 myself. But there's enough people that are coming forward now, Um you know where he's 1468 04:22:58,096 --> 04:23:05,103 saying. I can get these things done, but he can't. He's not started mine and 16 months, Nor 1469 04:23:05,103 --> 04:23:11,075 has he responded to our other to demand letters, which were for a refund. Um and that that 30 day 1470 04:23:11,075 --> 04:23:18,216 period expired. Uh may 25th so with no response from banks, though, he signed for the demand 1471 04:23:18,216 --> 04:23:25,156 letters himself. Um he's you know, he's violated the state's statute. You've heard it here. 1472 04:23:25,156 --> 04:23:36,100 Um and he's reached out not at all to offer me any kind of refund. Um so. You know when 1473 04:23:36,100 --> 04:23:43,107 people ask you, um to revoke his license. I don't think that they're thinking about 1474 04:23:43,107 --> 04:23:46,311 themselves or these refunds they're thinking about. Whose money is going to pay these 1475 04:23:46,311 --> 04:23:53,217 fines. Whose money is going to pay these people back. It's just the next guy or the next gal who 1476 04:23:53,217 --> 04:24:00,191 gives him the money. And I'll just say this to his point of. He's trying to do the right 1477 04:24:00,191 --> 04:24:06,097 thing. You don't do the right thing when you're forced to do the right thing. When it's on 1478 04:24:06,097 --> 04:24:10,234 you. You pick up the phone and you call your customers and you talk to them about supply Change 1479 04:24:10,234 --> 04:24:15,206 channel supply chain challenges and, you know, lack of subs. None of that ever happen. None 1480 04:24:15,206 --> 04:24:24,115 of that ever happened from banks. Um. So I want to tell you that this these two new LLCs 1481 04:24:24,115 --> 04:24:32,123 three T was filed April 11th 2020 to 40 was filed May 2nd 22 I said that these are both 1482 04:24:32,123 --> 04:24:38,196 construction companies. Both are Fully registered as as construction companies. Um and I 1483 04:24:38,196 --> 04:24:44,202 and I want to say that, um That there is another individual listed on the application for 1484 04:24:44,202 --> 04:24:55,213 these LLCs, Um This individual. I think we'll double the amount of people who have come before 1485 04:24:55,213 --> 04:25:00,318 you. And I think it's on on you all to investigate who that individual is. That's all I 1486 04:25:00,318 --> 04:25:20,171 have. Thank you for your time. Thank you. Jennifer Grant. I am Grant G R A. N T. You got three 1487 04:25:20,171 --> 04:25:25,076 minutes on the screen. Can you please state your name and address for the Russian For 1488 04:25:25,076 --> 04:25:30,114 Grant? My address is 60 65, Huntington's Creek Circle. Pensacola, Florida 3 to 5 to 1489 04:25:30,114 --> 04:25:37,054 six. Um I met I brought her home to move my elderly widowed mother in with me to renovate 1490 04:25:37,054 --> 04:25:44,028 the mother in law, sweetheart, contact them at banks and hired him on January 27th 2022. He was 1491 04:25:44,028 --> 04:25:51,335 to add this mother in law suite to my home for $106,550. I gave him $53,275 on January 27th 1492 04:25:51,335 --> 04:25:59,143 2022. And have not heard from him since. There's been no permits. There has been no 1493 04:25:59,143 --> 04:26:05,116 drawings. There has been no return phone calls. No return emails, Nothing. My husband and 1494 04:26:05,116 --> 04:26:14,058 I are out 53,275. That's a year salary for a lot of people in the scam, be accounting. So my 1495 04:26:14,058 --> 04:26:20,264 thing to you is if you let him continue, there's going to be a lot of other hurting families 1496 04:26:20,264 --> 04:26:26,137 and Escambia County who looked to you To keep people like this from scamming us. We are 1497 04:26:26,137 --> 04:26:31,275 hardworking individuals, and this money was not just given to him as a gift. I've asked for a 1498 04:26:31,275 --> 04:26:39,183 refund. He doesn't have it. He just sold his house. He's going to file for bankruptcy. Y'all 1499 04:26:39,183 --> 04:26:44,188 don't I don't understand why this is being allowed to happen. He is liquidating all of his 1500 04:26:44,188 --> 04:26:49,393 assets, and he will leave town. He's not only in trouble here. He's in trouble in Alabama, 1501 04:26:49,393 --> 04:26:55,299 also. So this is not right. I have Children, too. He wants to stand and profess. He's got 1502 04:26:55,299 --> 04:27:00,071 Children to raise and he just said in front of your three different times. He will work 1503 04:27:00,071 --> 04:27:06,210 without a license. He doesn't care what happens. Three times, He said that here today. What 1504 04:27:06,210 --> 04:27:12,183 happens who protects us citizens who who comes in and says we will protect you from someone 1505 04:27:12,183 --> 04:27:17,121 that's willing to say I work without a license and just keep taking money. Who Who does that 1506 04:27:17,121 --> 04:27:25,062 for us? I mean, this board can only working with the ordinances , statutes that are presented to 1507 04:27:25,062 --> 04:27:32,236 us and that's what we do. Okay And we have given him his hit A. If you add up all his fines. I 1508 04:27:32,236 --> 04:27:37,074 think there's some very substantial fines and he's got 90 days to pay it. Pay for it 1509 04:27:37,074 --> 04:27:43,147 out of my doesn't Then he comes back before us and then we can do something about it. But out 1510 04:27:43,147 --> 04:27:48,286 of my 3000. He claims he doesn't have any more. That I gave him back in January. So I mean, 1511 04:27:48,286 --> 04:27:58,129 where did my money go? You know , he spent not one penny of my money on anything for me. I can 1512 04:27:58,129 --> 04:28:04,168 do is revoked his license for opinion from doing anything, and that's all we can do. We can't 1513 04:28:04,168 --> 04:28:15,079 send them to jail. Yeah. I'm sorry. I've said it's not our job. I mean, that's not our job. 1514 04:28:15,079 --> 04:28:20,117 Why does Phillip this board continues to allow him to be a contractor and Escambia County? 1515 04:28:20,117 --> 04:28:26,290 You will have been felt you would have failed this whole room days. His license will be 1516 04:28:26,290 --> 04:28:32,330 suspended from pulling permits here in 90 days. That's right. He cannot pull another permit. 1517 04:28:32,330 --> 04:28:40,071 But the other thing is, he's got people. That he you know, he's working on other jobs that need 1518 04:28:40,071 --> 04:28:44,108 to be completed. If we would have suspended his license, right, then everything stops. 1519 04:28:44,108 --> 04:28:55,086 Well we but we don't know that we don't. We can't Hey, Hey, hey, hey. We're going to keep 1520 04:28:55,086 --> 04:29:09,233 the decor. Um okay. I understand you all are hurt. Okay? Miss Laurie Jones. My name is Laurie 1521 04:29:09,233 --> 04:29:15,339 Jones. My dresses 409. Bremen Avenue, Pensacola, Florida and I come before you today because I 1522 04:29:15,339 --> 04:29:22,079 have not filed my complaint with this board yet. But I will be filing a complaint. Suggestion 1523 04:29:22,079 --> 04:29:28,386 to you is do it now. I will complain today and what I have to say here is that my husband 1524 04:29:28,386 --> 04:29:40,231 who was 65 years old And black. And I. A woman were taken by Matt Banks for $21,175 was going 1525 04:29:40,231 --> 04:29:45,202 to do our job for twice that on the kitchen remodel. He only stepped foot inside my house. 1526 04:29:45,202 --> 04:29:50,307 The one time there's been about five project managers and somebody sent a letter to us 1527 04:29:50,307 --> 04:29:55,212 telling us they cannot refund my money or cancel the contract because it would be for 1528 04:29:55,212 --> 04:30:04,155 convenience of us. We've been waiting since May, the 13th of 2021. On April the 11th. I sent 1529 04:30:04,155 --> 04:30:08,459 Mr Banks an email. I sent him an email. I've seen him many emails. Just give me my money 1530 04:30:08,459 --> 04:30:15,232 back, sir. And you won't see my face again. He has not returned my money. He will not speak to 1531 04:30:15,232 --> 04:30:20,171 me. He did speak to me being You know what he said? I said, I guess I'm gonna hatch file 1532 04:30:20,171 --> 04:30:25,176 criminal complaints, not speaking to him, because if I wanted to speak to him, I would 1533 04:30:25,176 --> 04:30:30,047 address him. You know what he said? You do. What the hell ever you have to You've been sitting 1534 04:30:30,047 --> 04:30:34,118 over here talking to me all this time anyway, Dude, I have nothing to say to him, but I 1535 04:30:34,118 --> 04:30:38,389 will be going to the sheriff's office. He took my money. He has performed no services for me. 1536 04:30:38,389 --> 04:30:44,161 And look at all of these people. So I'm going to the attorney General. I'm going everywhere. I 1537 04:30:44,161 --> 04:30:49,166 can go. But I'm appealing to you, Mr Jonathan tarred and I'd be so lenient on a man who will 1538 04:30:49,166 --> 04:30:54,138 take people's money. Let him get a job at McDonald's. Let him get a job in a factory. Let him 1539 04:30:54,138 --> 04:31:00,177 clean the Flipping floor for all I care. That's why I do for a living. For this $21,175 from 1540 04:31:00,177 --> 04:31:06,350 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 1541 04:31:06,350 --> 04:31:11,122 I got ripped off by Matthew banks of banks Construction and the construction board in my 1542 04:31:11,122 --> 04:31:14,391 county doesn't feel that he's done all the damage because they didn't really suspend him until 1543 04:31:14,391 --> 04:31:19,463 long down the line. And maybe you won't get some jobs and Escambia County. But you serves 1544 04:31:19,463 --> 04:31:25,369 and ma'am and man I see. There is one female. Thank God and one black man and one, you know. I 1545 04:31:25,369 --> 04:31:31,175 mean, this is Come on, y'all. We here needs some help. Poor people in this county need help. 1546 04:31:31,175 --> 04:31:39,083 And Matthew Banks is taking our money. Okay If I were rich, he would not have done this. If I 1547 04:31:39,083 --> 04:31:43,220 were a white male, he would not have done this. And I'm asking you all there's gonna be more 1548 04:31:43,220 --> 04:31:50,094 cases model. Come before you. The only way that Matthew Banks will stop seeing my face. As if 1549 04:31:50,094 --> 04:31:58,269 he goes to jail. We can't send them to jail. Cancer can't but I can and I will. But I ask you 1550 04:31:58,269 --> 04:32:03,274 all to be a little bit more tough with him because one case to case three cases, four cases. 1551 04:32:03,274 --> 04:32:08,412 He got up and walked out. He knew what we were here before. He wouldn't even look me in my 1552 04:32:08,412 --> 04:32:16,220 eyes. That's not a man or that's somebody who has criminally deceived. All of us. I have a 1553 04:32:16,220 --> 04:32:21,125 question for you. Have you have you? Have you formed? Have you formally fulfilled A complaint. 1554 04:32:21,125 --> 04:32:28,098 I have a question. Have you have you fulfilled the requirements for a complaint? With Escambia 1555 04:32:28,098 --> 04:32:35,072 County. I will. Okay You haven't yet? Not yet. I said that even again, That's gotta complain not 1556 04:32:35,072 --> 04:32:41,178 for filled out a formal complaint yet because I did not know the steps to do it. I've 1557 04:32:41,178 --> 04:32:44,181 complained to the Attorney general's office. And complaining under elder abuse, 1558 04:32:44,181 --> 04:32:49,420 if any of you have small Children or elders, get in touch with them. They contacted me 1559 04:32:49,420 --> 04:32:54,391 today. I have all of my paperwork ready to send to them to the Florida license. Your 1560 04:32:54,391 --> 04:32:59,296 board. What is it? D Whatever y'all know who they are. I put in six complaints on one day. 1561 04:32:59,296 --> 04:33:05,169 You know what got him fired up. I put in a Google review. Okay Just the facts, ma'am. Just the 1562 04:33:05,169 --> 04:33:15,079 facts gave him my money. May 13th 2021. He's done nothing but lie since no money back. The 1563 04:33:15,079 --> 04:33:19,316 only thing that's been done to my house, and he sent some guy named Justin over who chipped a 1564 04:33:19,316 --> 04:33:24,154 piece of floor up. So now I gotta fix that, too. No work on my house whatsoever. We 1565 04:33:24,154 --> 04:33:32,296 understand All your complaint. Will you have any other questions, sir? But we cannot 1566 04:33:32,296 --> 04:33:47,111 send him to jail. Mr David Bryan David Bryant. Good morning. My name is David Bryan to 7 to 5, 1567 04:33:47,111 --> 04:33:52,383 Black or drive Cantonment, Florida. Lot of emotion. A lot of passion in this room right 1568 04:33:52,383 --> 04:34:00,190 now. Um, I understand. First I'd like to say thank you, ladies and gentlemen for being here. 1569 04:34:00,190 --> 04:34:05,195 Um, I do have a formal complaint. I believe I'll be. My case will be coming before you, 1570 04:34:05,195 --> 04:34:12,102 uh, hopefully at the next July competency So if there's anything I have to say about 1571 04:34:12,102 --> 04:34:18,075 this, if that will be hindered in any way, please let me know now. Is it? Okay if I continue? 1572 04:34:18,075 --> 04:34:24,148 Well here's the thing. You did it. It doesn't do you any good to tell us now. We're gonna look 1573 04:34:24,148 --> 04:34:30,087 at that. We're gonna do it in detail. So anything you say now is going to be Out the window. 1574 04:34:30,087 --> 04:34:34,358 Two pages. I cut down to about three sentences, because that's exactly correct. I saw that do 1575 04:34:34,358 --> 04:34:40,097 not don't want. We don't want you to jeopardize your case before the board. Terrific. 1576 04:34:40,097 --> 04:34:45,369 That's why we suggest you not do it. Gotcha I totally understand. I just want to say thank you, 1577 04:34:45,369 --> 04:34:50,174 ladies and gentlemen for being here. Thank you for giving us at least a direction on how to 1578 04:34:50,174 --> 04:34:55,379 begin to really address the problems. There's a lot of problems here. Um Here's here's 1579 04:34:55,379 --> 04:35:06,090 the thing, sir. Yes, sir. The public forum is on any subject that's not on the agenda. 1580 04:35:06,090 --> 04:35:13,197 Eubanks was on the agenda four times today says Thank you for being here to see you next 1581 04:35:13,197 --> 04:35:22,072 month. Don't. Jeopardize what we have to do when we consider this before the board and then 1582 04:35:22,072 --> 04:35:27,344 officials exercise then I have nothing else to say, except I look forward to seeing you may 1583 04:35:27,344 --> 04:35:35,252 be hurting your case. That's all. I'm asking you. Thank you so much. Thank you. I believe 1584 04:35:35,252 --> 04:35:53,170 this is Janet Bondurant. And everyone and thank you for hearing me. Um, a few days ago, 1585 04:35:53,170 --> 04:36:02,279 I was Contacted through Social media. That. My address to the board to you guys to the board. 1586 04:36:02,279 --> 04:36:09,053 Last 2021 was viewed by a numerous amount of clients with banks construction and if I 1587 04:36:09,053 --> 04:36:16,193 could provide an update To the board. And so I'm here. Um So my husband and I contracted with Mr 1588 04:36:16,193 --> 04:36:22,232 Banks of banks Construction on March 2020. After banks recommendation, reflections home 1589 04:36:22,232 --> 04:36:30,107 design and can services. Um we pay them for the plans, and I heard him say that they took 1590 04:36:30,107 --> 04:36:34,445 care of the plans. We paid the plans, so they drafted the plans for our addition and renovation 1591 04:36:34,445 --> 04:36:41,118 . And on April this was April 18th 2020. Mr Banks said the rental would be six would be 1592 04:36:41,118 --> 04:36:47,091 would begin. Six June And he would date 48,000 to start and would only take three months. 1593 04:36:47,091 --> 04:36:54,298 However it didn't begin until 23 July 2020. And then he requested another 25,000. The following 1594 04:36:54,298 --> 04:37:01,238 December. 14th totaling $73,000.09 months. So at 40% until the renovation after 13 1595 04:37:01,238 --> 04:37:08,078 months of excuses and delays and still no end date, I addressed the board on July 7th 2021. 1596 04:37:08,078 --> 04:37:14,184 Regarding the lack of lack of progress questions regarding permits, the cost of delays and 1597 04:37:14,184 --> 04:37:20,257 excuses with our renovation. On July 9th 2021. I requested a sworn statement of account from 1598 04:37:20,257 --> 04:37:26,363 banks Construction and on 17 July 2021. Mr Banks replied with the nature of services performed 1599 04:37:26,363 --> 04:37:35,205 today. To include 246 Square Foot addition, built onto the exterior of the master 1600 04:37:35,205 --> 04:37:43,213 renovation of the Master area, two closets and the bathroom at a cost of $76,000. Due to the 1601 04:37:43,213 --> 04:37:50,154 cost of reworking in delays. The master area could not Have been completed on 17 July 2021 as he 1602 04:37:50,154 --> 04:37:55,192 stated in this sworn statement to the fact that he contracted the cleaning service was 1603 04:37:55,192 --> 04:38:03,300 completed The cleaning Of the Masters of the Master suite on 23. September 2021. Then I moved 1604 04:38:03,300 --> 04:38:08,338 back into the home because I had moved out when I when I approached you guys, you know, 1605 04:38:08,338 --> 04:38:15,245 in July So, um Also addressed in the sworn statement of account is the nature of future services 1606 04:38:15,245 --> 04:38:21,118 to be performed. Which was completed kitchen Reno, a new exterior door, new flooring and 1607 04:38:21,118 --> 04:38:25,088 interior painting throughout the entire home and the remaining balance of 25,350 per a 1608 04:38:25,088 --> 04:38:33,163 contract. In September. 2021 Mr. Banks still cannot give us an overall end date or start date 1609 04:38:33,163 --> 04:38:37,467 as to when his company would begin the renovation of our kitchen floors, painting and 1610 04:38:37,467 --> 04:38:47,211 door. For 15 months. Um. Our home is only 2000 Square feet. So we only had 25. Feet of 1611 04:38:47,211 --> 04:38:56,286 walking space. So then, I You know, I moved out of the home for four months because you 1612 04:38:56,286 --> 04:39:01,058 know, it was just it was it was more than I could bear. In that time, banks was still accepting 1613 04:39:01,058 --> 04:39:04,127 new clients contracts and granting new permits. While we were still undergoing delays and 1614 04:39:04,127 --> 04:39:11,034 excuses As a consumer. I reached out to the following offices for assistance or guidance. Um this 1615 04:39:11,034 --> 04:39:15,138 can't be Bay County Building Services Office state of attorney the Pensacola District 1616 04:39:15,138 --> 04:39:18,375 Attorney's office, Department of Business and Professional relations. The construction 1617 04:39:18,375 --> 04:39:25,048 industry licensing board. The Florida Department of Agriculture and Consumer 1618 04:39:25,048 --> 04:39:31,088 Affairs. And in doing so, Mr Banks Informed the Escambia County building inspector that 1619 04:39:31,088 --> 04:39:35,225 he would not continue with the remaining items on the contract. We agreed and thought it would 1620 04:39:35,225 --> 04:39:44,401 be best. As he still refused to give us a completion date and we could not afford to take any 1621 04:39:44,401 --> 04:39:48,205 kind of legal action. The only word based construction started in our kitchen was the 1622 04:39:48,205 --> 04:39:55,078 installation of a pantry and February 2021. Thanks demo the entire wall next to the stove 1623 04:39:55,078 --> 04:40:00,083 and left the wires exposed. In the new pantry banks construction ceased without 1624 04:40:00,083 --> 04:40:05,188 installing baseboards or flooring, leaving the concrete slab exposed for 10 months until 1625 04:40:05,188 --> 04:40:13,130 we hired another company to install our floors. That's how Mr Banks left our home. He did 1626 04:40:13,130 --> 04:40:20,237 not return to inspect the sub par quality of the work by his crew. Because. He left our 1627 04:40:20,237 --> 04:40:25,075 kitchen at 10% demolished. We had to hire three additional companies to renovate our home 1628 04:40:25,075 --> 04:40:35,185 was cost us an additional 30,000 I don't understand how he can reply to the state. With Being 1629 04:40:35,185 --> 04:40:41,091 understaffed and blaming it on Covid, and at the same time renovating and purchasing a home 1630 04:40:41,091 --> 04:40:47,130 one block from our home. In four months after starting the renovation or in our home so we 1631 04:40:47,130 --> 04:40:52,069 would see them going to this this home during construction while our home is in shambles. 1632 04:40:52,069 --> 04:41:01,411 Um So, as I said again, this The whole contract with banks started 2020 and stop September 1633 04:41:01,411 --> 04:41:09,286 2021 14 months. The overall rental or a home took 21 months. And if he were here, he should 1634 04:41:09,286 --> 04:41:13,357 have remained here to hear everyone. You know complaints. No one is bashing him. We're 1635 04:41:13,357 --> 04:41:19,129 providing factual information. His greed has caused so much. So much so much of us with pain and 1636 04:41:19,129 --> 04:41:27,204 heartache. That he should be ashamed of himself, um and blaming his staff as a cop out 1637 04:41:27,204 --> 04:41:33,076 because at the end of the day, he signs all the checks. You have an active complaints. I 1638 04:41:33,076 --> 04:41:38,115 don't but I have a case number with Melissa Rebirth. Reamer It's my understanding that she 1639 04:41:38,115 --> 04:41:43,220 did previously follow complaint , and then they parted ways amicably. Um and in part with 1640 04:41:43,220 --> 04:41:48,158 the amicably, right? Well, I mean, I think it was kind of, you know. Y'all made an 1641 04:41:48,158 --> 04:41:54,231 agreement at some point and if you would like to re file you have the option to do so. Um and 1642 04:41:54,231 --> 04:42:06,176 Melissa can assist you with that. Thank you. Thank you. In our last speaker. Request form 1643 04:42:06,176 --> 04:42:22,192 is Jekyll and Rogers, Mr Rogers. Thank you. My name is Jacqueline Rogers. I do not have a 1644 04:42:22,192 --> 04:42:27,097 complaint against either of these contractors. I did consider them both for a project 1645 04:42:27,097 --> 04:42:32,235 . I have a neighbor that's two years out and nothing done on a project with Mr Banks. So I have 1646 04:42:32,235 --> 04:42:38,074 a lot of sympathy for these people. I'm here more to talk in a general. Manner of this board 1647 04:42:38,074 --> 04:42:43,246 . What the man that said when he walked out what he said was the sport is superfluous. I don't 1648 04:42:43,246 --> 04:42:47,217 agree with him. I think there's a reason why there's a contractor Competency board. I 1649 04:42:47,217 --> 04:42:53,123 think there's a reason why there's permits. But if you're going to take the money for 1650 04:42:53,123 --> 04:42:56,226 permits, if you're going to take the money for licensing if you're going to have a 1651 04:42:56,226 --> 04:43:02,232 contractor competency board, you guys have to protect the public because I was alerted to this 1652 04:43:02,232 --> 04:43:07,270 from several people. I started going back and watching meetings and I have a lot of concern 1653 04:43:07,270 --> 04:43:13,143 about what this board is because we have a business. My husband has a state license. I 1654 04:43:13,143 --> 04:43:18,215 understand you can have false accusations. I understand. What it means to have a contractor's 1655 04:43:18,215 --> 04:43:24,187 license, but at the same time, there is a great responsibility with a contractor's license. And 1656 04:43:24,187 --> 04:43:30,227 what I'm hearing this. This seems like you're allowing Ponzi schemes to go on where people 1657 04:43:30,227 --> 04:43:35,298 can say if he's still soliciting business. He's going to take that money and pay your fines 1658 04:43:35,298 --> 04:43:39,503 which I thought were minimal. You might have thought they were Hard, but I thought they were 1659 04:43:39,503 --> 04:43:45,208 ridiculously. Even as a business person. You can easily pay those fines and use that money, other 1660 04:43:45,208 --> 04:43:52,082 ways and still profit. So I am concerned about that. I went back and watched past meetings 1661 04:43:52,082 --> 04:43:58,255 and I had some concerns. The last meeting for Mr Lacoste. He had a lawyer come in and say he 1662 04:43:58,255 --> 04:44:03,093 had a medical issue. Not one of you asked for proof he didn't have a medical issue. Had a 1663 04:44:03,093 --> 04:44:09,099 warrant out for violation of probation. Now we all know he's arrested. But you need to ask 1664 04:44:09,099 --> 04:44:16,106 for proof. Another meeting I saw staff come and say. Well you had a just a disciplinary hearing. 1665 04:44:16,106 --> 04:44:21,378 Um, but we went back and we looked at your what? You what? The facts, and there wasn't 1666 04:44:21,378 --> 04:44:26,216 enough so someone made the motion to just drop it. Well, what were the facts? I was 1667 04:44:26,216 --> 04:44:31,087 watching the meeting the homeowner That was part of that They had the complaint. They 1668 04:44:31,087 --> 04:44:34,190 weren't in the meeting when I complained to the county attorney's office, they said 1669 04:44:34,190 --> 04:44:40,230 Well, staff said they called How do I know? The staff called? I'm not calling the staff a liar, 1670 04:44:40,230 --> 04:44:45,101 but you need to have the proof of some of these facts. In my opinion. If you're going to 1671 04:44:45,101 --> 04:44:51,174 protect us if this board has any Any merit. Some of you have some great questions today. So I 1672 04:44:51,174 --> 04:44:57,280 really thank you for the questions. I am very sad that one of the board members was 1673 04:44:57,280 --> 04:45:02,385 removed because he was asking great questions. Two very bad mad that a staff member was 1674 04:45:02,385 --> 04:45:09,259 involved in lobbying for his removal. And I do know about that. Um I don't have a lot more 1675 04:45:09,259 --> 04:45:16,099 to say. We need you to be the watchdog. If that's what your purpose is. I know you can't 1676 04:45:16,099 --> 04:45:21,304 arrest people, but when he said he can't work without a license , that's ridiculous. My husband 1677 04:45:21,304 --> 04:45:26,409 worked eight years without a license. He worked under someone under the supervision, and 1678 04:45:26,409 --> 04:45:30,547 that's why you have a license, and that's why there's a requirement. For a couple of 1679 04:45:30,547 --> 04:45:35,151 years of supervision. Maybe he needs to go back and work under a licensed contractor and 1680 04:45:35,151 --> 04:45:41,157 understand that he can still work in the industry. Of course , that's what my husband did for 1681 04:45:41,157 --> 04:45:45,095 years before he got his contractor's license. So this is not, you know, we're taking 1682 04:45:45,095 --> 04:45:50,133 away. This man's right. We're taking away. This man's right to Pullman move permits and to take 1683 04:45:50,133 --> 04:45:54,404 more down payments like he's done for these people, and you can see the progression from 1684 04:45:54,404 --> 04:46:01,111 2020. 2 to 2022. So I just wanted to say that and there was an anonymous threatening letter 1685 04:46:01,111 --> 04:46:06,049 sent to me once I started commenting on this on his Kambia citizens watch. I'm not 1686 04:46:06,049 --> 04:46:09,653 intimidated. I don't know if anyone in this room Senate or someone that's watching, but I'm 1687 04:46:09,653 --> 04:46:17,193 not intimidated. Thank you very much. And chair. We do have one more A Nancy Hendry. I think 1688 04:46:17,193 --> 04:46:28,104 that's Hendry. Okay? Hi My name is the new C. Hendry I love it. 59 49 205. And my husband and I 1689 04:46:28,104 --> 04:46:33,243 signed a contract with Matt Banks stood and close our back porch, which consists of two 1690 04:46:33,243 --> 04:46:40,183 walls, and it's only seven FT. Four inches by 22, but so very small We signed it February 2021 1691 04:46:40,183 --> 04:46:48,158 gave him 12,200 down. As of March, we did only get the windows in and the Freeman and 1692 04:46:48,158 --> 04:46:55,098 very happy but right away, they wanted $6100 more. I would have said no, but my husband said 1693 04:46:55,098 --> 04:47:01,204 Give it to him and let's get this over with, so we did get an email. I said before we do 1694 04:47:01,204 --> 04:47:07,110 anything, I want to email show and exactly what's going to be done and what time frame After a 1695 04:47:07,110 --> 04:47:11,381 couple of weeks of the Sheetrock not being hung guys sent emails saying, Well, here we go again. 1696 04:47:11,381 --> 04:47:16,419 We gave you money and no one's here and they said No, we're sending someone out tomorrow. 1697 04:47:16,419 --> 04:47:23,226 Well, this is our Sheetrock guy . He didn't even take the plate off of the thing. Um so at that 1698 04:47:23,226 --> 04:47:29,199 point, we were very concerned trying to get our $6100 back and that's where we are today. And 1699 04:47:29,199 --> 04:47:35,438 we can't finish our room because we're in a contract and Yeah. So this is going on in your and a 1700 04:47:35,438 --> 04:47:44,080 half and I agree with everyone else. I mean, just complaint. No, um. And at this point we're 1701 04:47:44,080 --> 04:47:48,518 almost like, just let us out of the contract and we'll go elsewhere. You know, we don't 1702 04:47:48,518 --> 04:48:03,518 wa