Ordinance 2013-67ORDINANCE NO. 2013 - 6 7
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90 -105,
AS AMENDED, KNOWN AS THE COLLIER COUNTY CONTRACTORS'
LICENSING BOARD ORDINANCE, BY AMENDING PART FOUR,
STANDARDS OF CONDUCT AND DISCIPLINE, SPECIFICALLY
SECTION 4.3, DISCIPLINARY PROCEEDINGS, INCLUDING MINOR
VIOLATIONS, IN ORDER TO APPLY RECENT REVISIONS TO
CHAPTER 489, FLORIDA STATUTES; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on December 11, 1990, the Board of County Commissioners (Board)
adopted Ordinance No. 90 -105, which has become known as the Collier County Contractors'
Licensing Board Ordinance, in order to regulate the contracting industry in Collier County; and
WHEREAS, effective July 1, 2013, the Florida Legislature enacted 2013 -193 Laws of
Florida, (House Bill No. 269) which amended several Florida Statutes relating to building
construction including Chapter 489, Florida Statutes; and
WHEREAS, the Board desires to amend Ordinance No. 90 -105, as subsequently
amended, in order to apply the recent revisions to Chapter 489, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO PART FOUR OF ORDINANCE NO. 90 -105,
AS AMENDED.
Part Four of Ordinance No. 90 -105, as amended, is hereby amended as follows:
PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE.
4.3 Disciplinary Proceedings, ineluding Mifi .,. Viel do
Words Underlined are added; Words c*f•• are deleted.
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4.3.1. There are three categories of violations: (i) Violations of subsection
489.127(1), Florida Statutes and /or Section 1.1 of this Ordinance, as amended; (ii)
Violations of subsection 489.132(1), Florida Statutes; and (iii) other violations within the
jurisdiction of the Contractor's Licensing Board.
(a) Subsection 489.127(1), Florida Statutes, is incorporated herein.
(Lack of required license, certificate, or registration). The following are designated to
enforce subsection 487-127(i) 489.127 1 , Florida Statutes: Collier County Building
Official, all License Compliance Officers, the Chief Building Inspector, Chief Electrical
Inspector, Chief Plumbing /Mechanical Inspector, and /or other inspectors authorized from
time -to -time by the Building Official. Procedures specified in this Ordinance shall apply
except to the extent, if any, that Section 489.127 or Section 489.132, may require
different procedure(s). The penalties for each uncontested violation of subsection
489.127(1) and /or 489.132(1), Florida Statutes, are three hundr -ed dollars ($3 nn` one
thousand ($1,000.00) dollars for the first uncontested violation and five h,,ndfed dollars
($508:09) two thousand ($2,000.00) dollars for eaeh subsequ the second uncontested
violation by the same individual or entity. In the event of a third uncontested violation,
the Contracting Licensing Supervisor shall refer the matter to the State Attorney's Office
for filing of charges. Notwithstanding the above - referenced penalties, in the event a first
uncontested violation is the result of the violator engaging in the business or actin in n the
capacity of a contractor of advertising himself or herself or a business organization as
available to engage in the business or act in the capacity of a contractor without being
duly registered or certified, the penalty shall be abated from $1,000.00 to $300.00 if the
violator submits a completed application in accordance with Section 2.1 and 2.2 of this
Ordinance within forty -five (45) days of the date of issuance of the Citation for the
violation. Penalties for contested violations of subsection 489.127(1), Florida Statutes,
are as now or hereafter specified in Section 489.127, Florida Statutes. Penalties for
contested violations of subsection 489.132(1) Florida Statutes, are as now or hereafter
specified in Section 489.132, Florida Statutes. The Citation form attached hereto as
exhibit "A" is approved, which form may be amended from time -to -time by Resolution of
the Board of County Commissioners.
Words Underlined are added; Words S*,... k Thgh are deleted.
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(0) b) M Violations. The Contractor Licensing Supervisor, or his
designee, may initiate disciplinary proceedings against a licensed contractor for Wajaf
violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier
County Board of County Commissioners or may issue a Notice of Non Compliance when
(i) it is reasonable for Staff to assume that the violator, at the time of violation, was not
aware of the provision that was violated or it can be assumed that it was not clear to the
violator how to comply with the violated provisions; and (ii) that violation has not then
resulted in economic harm or physical harm to any person..
(0 (c,) Failure of Non -State Certified Individual to Promptly Pay Penalty
to County. The Collier County Building Department should not issue any permit or any
other required authorization to any Collier County Certified individual who then has an
obligation to pay a penalty to the County imposed with finality under this Ordinance for
any violation of this Ordinance (including a citation that is not contested) and that
individual has not paid that penalty in full by the applicable deadline date, plus
reimbursement of the County's costs, such as recording fees and court costs. An appeal
of uncontested citations stays all such withholdings.
(e) (d) Failure of Non -State Certified Individual to Meet Permit
Conditions. The County's Building Department may withhold issuance of any further
permit(s) or any other authorization(s) to any individual who, or entity that, has not then
complied with any condition of all County- issued permit(s) issued to that individual or
entity, including every follow -up inspection or any other act then capable of being
complied with, although late in time.
(0 (e,) Withholding Permit Pulling Privileges of State Certified
Contractor. Before the CLB may withhold any permit pulling privilege(s) of a State
Certified Contractor, the CLB, after public hearing, must find that the Contractor violated
a provision of Section 4.2 of this Ordinance.
Words Underlined are added; Words Streek Through are deleted.
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(0) b) M Violations. The Contractor Licensing Supervisor, or his
designee, may initiate disciplinary proceedings against a licensed contractor for Wajaf
violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier
County Board of County Commissioners or may issue a Notice of Non Compliance when
(i) it is reasonable for Staff to assume that the violator, at the time of violation, was not
aware of the provision that was violated or it can be assumed that it was not clear to the
violator how to comply with the violated provisions; and (ii) that violation has not then
resulted in economic harm or physical harm to any person..
(0 (c,) Failure of Non -State Certified Individual to Promptly Pay Penalty
to County. The Collier County Building Department should not issue any permit or any
other required authorization to any Collier County Certified individual who then has an
obligation to pay a penalty to the County imposed with finality under this Ordinance for
any violation of this Ordinance (including a citation that is not contested) and that
individual has not paid that penalty in full by the applicable deadline date, plus
reimbursement of the County's costs, such as recording fees and court costs. An appeal
of uncontested citations stays all such withholdings.
(e) (d) Failure of Non -State Certified Individual to Meet Permit
Conditions. The County's Building Department may withhold issuance of any further
permit(s) or any other authorization(s) to any individual who, or entity that, has not then
complied with any condition of all County- issued permit(s) issued to that individual or
entity, including every follow -up inspection or any other act then capable of being
complied with, although late in time.
(0 (e,) Withholding Permit Pulling Privileges of State Certified
Contractor. Before the CLB may withhold any permit pulling privilege(s) of a State
Certified Contractor, the CLB, after public hearing, must find that the Contractor violated
a provision of Section 4.2 of this Ordinance.
Words Underlined are added; Words Streek Through are deleted.
Page 3 of 5
a
4.3.2. Any person who believes that a contractor holding a Certificate of
Competency has violated this Ordinance may submit a sworn complaint to the Contractor
Licensing Supervisor, or his /her designee. The complaint shall be in substantially the
form prescribed by the Contractor Licensing Supervisor. The complaining party shall
state with particularity which section(s) of this Ordinance he or she believes has been
violated by the contractor and the essential facts in support thereof.
4.3.3. Upon the submission of a sworn complaint, the Contractor Licensing
Supervisor, or his /her designee, shall conduct a preliminary investigation and determine
whether the complaint submitted warrants the filing of formal charges. If charges are
warranted, the Contractor Licensing Supervisor, or his /her designee, shall file the
complaint with the Clerk to the Collier County Board of County Commissioners and shall
send, by certified mail, return receipt requested, a letter to the licensed contractor at his
local address, or if applicable the local agent's address, as shown by the records of the
Contractors' Licensing Board, enclosing a copy of the complaint and indicating:
a. The name of the complainant;
b. The date(s) of the commission of the alleged offense(s);
C. The section(s) of this Ordinance alleged to have been violated;
d. The range of disciplinary sanctions which may be imposed upon any
contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the
event said Board finds a violation of this Ordinance to have occurred;
e. The date, time and place at which the contractor shall appear before the
Contractor's Licensing Board for a hearing regarding the complaint. The date
scheduled shall not be sooner than twenty (20) days from the mailing date of the
certified letter.
4.3.3.1. The notice of hearing required by this Section may, in the
alternative, be accomplished by hand delivery of said notice to the contractor by the
Contractor Licensing Supervisor, or his /her designee, or by leaving said notice at the
contractor's business or usual place of residence with some person of his /her family over
15 years of age and informing such person of the contents of the notice.
Words Underlined are added; Wordseugh are deleted.
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SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of�ec�x�i�er' , 2013.
ATTEST: '- BOAR OF CQUNTY COMMISSIONERS
DWIGHT E. BROCK,:Clerk COLL ICONTY, FLORIDA
By: ;. By:
Attest as to Thai... . - ty C erk
Signature ohi -,
Approved as to form and legality:
Kevin Noell
Assistant County Attorney
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
This ordinanc- 40, -(1 with the
y of
tq� dt�y of te s t'tfice the
and acknowledgemg_ f that
"�'183y rece'ved this P � day
r--
,tY c �
Words Underlined are added; Words StFaek are deleted.
Page 5 of 5 a
No 8500
COLLIER COUNTY
GROWTH MANA!Q9M9NT DIVISION
CITATION
Pursuant to section -489,321, (3) la) Florida Suatuies, the undersigned herebv ccrfihvs mat u1m)
personal investigation * he,she has reasonable and probable grounds to believe titat the Person whose
Dame apix-als Nlow as issued to, did violate sabseclicri489 127 ( il. Honda Suiuues. and the Collier
Couxity Contractor's Licensing Ordimice No. 20fIt} -46 (as tray Ix amended) by committing the
violation stated below.
Mouth jDay ]year I 1)= A M/P Mi
Issued To
Address
City State
.......... . __......_..Zip
Telephone No
LD,
Mle of Birth
Race
I Sex
I Height
Vehicle Make,4pe (if applicable)
Yr-ai
I cokir
'Vag, Na.
citation of Violation
!QPTIQN§
I have been informed of the violation for which I have been charged and elect the
following option (Check one)
1) ❑ I choose to pay the penalty of
2) ❑ 1 choose not to pay the penalty, and will request in writing by "Tufted mail or hand
delivery an Administrative Hearing before the Contractor's Licensing Board.
Description M Violation Date Violation Observed, ................ ---
a) ❑ Fabwly hold scif or business organization out as a licensee, certificate holder or
registrant;
b) ❑ Falsely, impersonate a certificate holder or registrant:
c) ❑ Present as his/her own the certificate or registration of another;
d) ❑ Knowingly give false or forged evidence to the Board or a rneraber thereof;
c) ❑ ( %;e or attempt to use aceiti fwate or registration vi hich has been suspended or
revoked:
I) ❑ Engage in the business or act in the capacity of a contractor or advertise self
or business organization as availahle to engage in the business or act in the
capacity of a contractor " ithout being duty registered or certified;
g) ❑ Operate a business organization engaged in contracting after (60) days:
h) El Commence or perform work for which a building- permit is required pursuant to
an adopted state minimum building code or without such permit being in effect:
i) ❑ Willfully or deliberately disregard or violate any Collier County ordinance
relating to uncertified or unregistered contractors.
A person or business organization operating on an inactive or suspended certificate.
or registration, or operating beyond the scope of work or geographical scope of the
registration, is not duty certified or registered,
SIGNSWIRE SIC GNATURE WN-VESTIGNFORI
PRINT (RFCl P] FN-rS NAME) PRINT (INVESTIGATOR'S NAME)
Pursuant to 489.127, Florida Statutes. willful refusal to sign and accept this citation
constitutes a misderficanor of the second degree, punishable as provided in Section
775.082 or 775.083 Florida Statutes,
(SEE RENERSE FOR INSTRUCTIONS)
COLLIER COUNTY CONTRACTORS LICENSE
INSTRUCTIONS
PAYMENT OF CITATION:
The penalty for each uncontested violation has been wt by the Board of Collier
County Commissioners, and shall be payable to the Board of Collier Count),
Commissioners. 2800 North Horseshoe Drive, Naples, Florida .34J 04., no later than
10 days of notice receipt, excluding weekends and legal holidays,
PAYMENTS MUP'BEMADE BY CASH, CHECK, OR MONEY ORDER;
ALL FEES MUST BE REW17TED IN U.S, FUNDS.
FINE SCHEDULE - UNCONTESTED VIOL XFIONS
I st U 11contested Offense $1,000,00
2nd Uncontested Offense $2,000.00
Notwithstanding the above-referenced penalties, in the event a first uncontested
violation is the result (,.if the violator engaging in the bitsiness or acting in the
capacity ofa contractor or advertising himself or herself or a business organization
as available to en-age in the business or act in the capacity of a contractor without
being duly registered or certified. The penalty shall be abated from $I X0.00 to
$300.00 if she violator submits a completed application in accordance with Section
2.1 and 2.2 of this Ordinance within forty-five (45) days of the date of issuance of
the Citation for the i iolation.
EST FOR HEARING:
You may request an Administrative Hearing within the same ten (10) day time
frame before the Collier County Contractor's Licensing Board upon notice, in
writing, to the Conti-actor's Licensing Supervisor. If you do not request a hearing
or pay the penalty fee as described, the citation shall automatically become a Final
Order of the Contractor's Licensing Board, ordering the violator to pay the civil
penalty set forth on the citation without a hearing. A certified copy of such Order
shall be recorded in public records and thereafter shall constitute a lien against
most real and personal property owned by the violator. Upon petition to the Circuit
Court, such Order may be enforced in the same manner as a Court Judgment by
the Sheriff's Office or the State. If after three (3) months from filing such lien, the
lien remains unpaid, the Contractor's Licensing Board May allthOliZC the County
Attornev's Office to foreclose on the lien.
The maximum penalty for a contested citation is $2,500.00 for each day the
violation exists.
E',ach day a willful knowing violation continues it shall constitute a separate offense
and penalties shall continue to accrue. Any aggrieved party may appeal a Final
Administrative Order of the Board to the Circuit Court. Such appeal shall not be
a hearing de novo, but shall be limited to appellate review of the record created
before the Board. An appeal must be filed within thirty (30) days of execution of
the Order.
If you need additional information
„.
RICK SCOTT
Governor
December 19, 2013
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101 -3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
y
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2013 -67 which was filed in this office on December 19,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us