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Escambia County board continues probable-cause hearing for Apex Plumbing over unpermitted septic-to-sewer work
Summary
The Contractor Competency Board continued a probable-cause hearing March 5 after an investigator found Apex Plumbing began work without all required local permits; the homeowner asked the contractor to finish the job and asked the utility for a $1,600 fee waiver.
The Escambia County Contractor Competency Board on March 5 continued a probable-cause hearing for Brett Smith, doing business as Apex Plumbing, after staff presented evidence that the company began a septic-to-sewer conversion before the county had all required documentation.
The continuation gives Smith time to complete the work at a rental property owned by complainant Michael Dolezal and allows staff to review outstanding permits and follow up before the board decides whether to proceed to a disciplinary hearing.
Investigator Ms. Reber told the board staff’s review showed respondent began performing work on approximately Sept. 26, 2024, and submitted a permit application on Oct. 17, 2024. The application was returned multiple times for missing items, most notably a septic-abandonment letter. Reber said the permitting records show the respondent had 24 permits pending review and 10 expired permits without inspections.
Dolezal, the homeowner, told the board he paid Apex Plumbing a total of $4,271.06 toward an agreement priced at $7,570.21 and asked two things: that Mr. Smith finish the project so Dolezal can sell the property, and that Emerald Coast Utilities Authority (ECUA) waive a $1,600 impact fee he said was assessed when a ECUA deadline was missed. Dolezal said the ECUA fee was charged because the sewer-connection timeline lapsed while state and federal permitting responsibilities were being transferred.
County staff explained the technical permitting steps to the board. County staff member Jennifer said a septic-to-sewer permit requires both an ECUA sewer-tap number and a septic-abandonment letter. She told the board that responsibility for septic-abandonment processing moved from the Florida Department of Health to the Florida Department of Environmental Protection on Jan. 1, 2025, and that the transition has slowed processing in the region.
Brett Smith told the board he recently obtained the abandonment letter and described business disruptions — including a change in office staff — that contributed to paperwork delays. Smith said he told Dolezal he expected to finish the work within about a week. "I'd give him about a week or so. So I would say by Wednesday, Thursday next week, we'd have it completely done," Smith said.
Staff moved the investigative exhibits into evidence and the board approved those exhibits. A board member then moved to continue the matter to the next monthly hearing so staff could confirm that Mr. Smith had completed Dolezal’s work and to allow staff to review and help clean up the respondent’s open permits. The motion to continue was seconded and approved unanimously.
The board reserved potential disciplinary remedies for a later phase. Board staff told members that if the board later sends the matter to a disciplinary hearing, the disciplinary phase is where the board would consider damages or costs claimed by a complainant. Dolezal was advised he may pursue ECUA for a waiver and that staff can provide information to support any request to the utility.
The board left the case open and continued it to the next regular meeting so the completion of the project and staff follow-up could be assessed.
