Agenda 01/23/2018 Item #17A01/23/2018
EXECUTIVE SUMMARY
Recommendation to adopt 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.
At its January 9, 2018 regular meeting (Agenda Item 16-H-1), the Board of County Commissioners
directed the County Attorney to advertise the proposed ordinance for future consideration.
FISCAL IMPACT: The cost to advertise the proposed ordinance was $211.23.
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 adopts the attached ordinance
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making it unlawful to knowingly hire an unlicensed contractor.
PREPARED BY: William L. McDaniel, Jr.
Commissioner, District 5
AGENDA DATE: January 23, 2018
ATTACHMENT(S)
1. Proposed Ordinance - Unlicensed Contractors (PDF)
2. Legal Ad - Agenda ID 4515 (PDF)
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01/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 4515
Item Summary: Recommendation to adopt an ordinance making it unlawful to knowingly hire an
unlicensed contractor.
Meeting Date: 01/23/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
01/10/2018 2:38 PM
Submitted by:
Title: – Board of County Commissioners
Name: Bill McDaniel
01/10/2018 2:38 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/10/2018 4:52 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2018 11:13 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/16/2018 1:00 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/16/2018 3:03 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM
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17.A.1
Packet Pg. 738 Attachment: Proposed Ordinance - Unlicensed Contractors (4515 : Unlicensed Contractors Ordinance)
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Packet Pg. 739 Attachment: Proposed Ordinance - Unlicensed Contractors (4515 : Unlicensed Contractors Ordinance)
17.A.1
Packet Pg. 740 Attachment: Proposed Ordinance - Unlicensed Contractors (4515 : Unlicensed Contractors Ordinance)
17.A.2
Packet Pg. 741 Attachment: Legal Ad - Agenda ID 4515 (4515 : Unlicensed Contractors Ordinance)