Agenda 01/09/2018 Item #16H 101/09/2018
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise an ordinance making it unlawful to
knowingly hire an unlicensed contractor.
OBJECTIVE: To protect both licensed contractors and the public by creating a disincentive to hire
unlicensed contractors.
CONSIDERATIONS: Section 125.01 Florida Statutes, provides that the legislative and governing body
of a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe
fines and penalties for the violation of ordinances in accordance with the law.
Hiring unlicensed contractors not only is a form of unfair competition against licensed contractors who
have spent time and money to comply with all state and local requirements, including training, it also
exposes the public to the potential of significant harm if incompetent, irresponsible or dishonest
contractors are hired to perform the skilled work.
I am not aware of any state or county rule or regulation which creates any meaningful consequence to
those who knowingly hire an unlicensed contractor. The intent of this proposed ordinance is to make the
knowing hire of an unlicensed contractor a County code violation, which could then be enforced in the
same manner as any other code violation, including the ability to fine the violator. Hopefully this will
result in the decreased use of unlicensed contractors in unincorporated Collier County. The proposed
ordinance provides as follows:
SECTION ONE: Application, Enforcement and Penalties.
1. It shall be unlawful for any person or entity to hire or contract with a person or entity to perform
work for which a certification of competency, license or permit is required, by any ordinance of
Collier County or other applicable law, and the person or entity knew, at the time of the hiring or
contracting, or discovered during the course of the work being performed and allowed the person
or entity to continue performing the work, that the person or entity performing the work did not
hold a certificate of competency, license or permit to perform the work.
2. All violations of this Ordinance may be processed according to the Collier County Consolidated
Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of Chapter
162, pts. I or II, Florida Statutes, as may be applicable. A law enforcement official or code
enforcement officer is specifically authorized to issue a citation for each violation of this
Ordinance.
FISCAL IMPACT: Estimated cost to advertise is $350.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners directs the County Attorney to
advertise for a future meeting and place on the Board’s agenda for approval.
PREPARED BY: William L. McDaniel, Jr., Commissioner, District 5
AGENDA DATE: January 9, 2017
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ATTACHMENT(S)
1. Ordinance - Unlicensed Contractors (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.H.1
Doc ID: 4456
Item Summary: Recommendation to direct the County Attorney to advertise an ordinance making
it unlawful to knowingly hire an unlicensed contractor.
Meeting Date: 01/09/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
12/21/2017 3:17 PM
Submitted by:
Title: – Board of County Commissioners
Name: Bill McDaniel
12/21/2017 3:17 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/26/2017 10:02 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/26/2017 2:54 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/27/2017 9:25 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/01/2018 10:43 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM
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Packet Pg. 932 Attachment: Ordinance - Unlicensed Contractors (4456 : Unlicensed Contractor Ordinance)
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Packet Pg. 933 Attachment: Ordinance - Unlicensed Contractors (4456 : Unlicensed Contractor Ordinance)
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Packet Pg. 934 Attachment: Ordinance - Unlicensed Contractors (4456 : Unlicensed Contractor Ordinance)