Backup Documents 12/10-11/2013 Item #17E17E
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement ❑ Other:
(Display Adv., location, etc.)
Originating Dept/ Div GMD/Operations & Regulatory Management Person: Kenneth Kovensky Date: November 12, 2013
Petition No. (If none, give brief description): Ordinance amending Ordinance No. aa -K, as amended (Contractor Licensing)
Petitioner: (Name&Address): N/A 90-1015 via
]Name & Address of any person(s) to be notified by Clerk's Office: (if more space is needed, attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) December 10, 2013 (ad to run no later than
WEDNESDAY, November 27, 2013)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size:
XXX Iegally Required
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.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs:
JI 2. J I PO 4 4500148123
Revie y.
Division Administrator o ,. esignee Date
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division ❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Oflice, retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY:
Date Received: Date of Public hearing: _ _ Date Advertised:
17E
ORDINANCE NO. 2013 -
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, inaluding Minor- Violations
Words Underlined are added; Words Samek-T4ough are deleted.
Page 1 of 5
17E
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(1) 489.1270) 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 one
thousand ($1,000.00) dollars for the first uncontested violation and five hundFed dollars
($580:89) two thousand ($2,000.00) dollars for eaeh subsequthe second uncontested
violation by the same individual or entity. In the event of a third uncontested violation,
the ContractingLysing 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(l), 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.
(b) Minor- violations!
issue a "
The
"
C Ait
as the
&6t6Li6e3}SH3gSF3perV}56r-9F-dBS}gshall
Ceunty's
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fifst response to a minee
including
this Ordinanee, w en (i) it isreasenable
fer- staff to assume that the vialateF,
the prevision that was violated of it ran
be
at
assumed
the tifne
that
ef violation, was not aware ef
it was net eleaf te the vielater
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has not then resulted ine
and
(iii) the vielatien has neithert
Words Underlined are added; Words Stuek Thfettgh are deleted.
Page 2 of 5
17E
provision that was vieWed, sheuld pFevide infefmation
aR
he -A, to 60fflply
With that
dicerpplinuiTpiviceedings. Earnyielafien- that -is
nota "min
'i � iielation
is a "maW
(6) b) Major Violations. The Contractor Licensing Supervisor, or his
designee, may initiate disciplinary proceedings against a licensed contractor for major
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..
(4) (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.
(4) (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.
(4) U 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 are deleted.
Page 3 of 5
17E
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; Words &Rwk-Thfeegh are deleted.
Page 4 of 5
17E
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 , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
an
, Deputy Clerk
Approved as to form and legality:
7z
Kevin Noell
Assistant County Attorney
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Words Underlined are added, Words &faek Thfough are deleted.
Page 5 of 5
17E
Acct. #068784
November 14, 2013
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
RE: Ord. Amending Ord. No. 1990-105, Contractor Licensing
Dear Legals:
Please advertise the above referenced notice on Wednesday, November 27, 2013,
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. # 4500148123
17E
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday, December 10, 2013, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
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.
A copy of the proposed Ordinance is on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
17E
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112,
(239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners, Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
N OTICE OF INTENT TO CONSIDER AN ORDNANCE 1 7 E
Notice is hereby given that �n Tueday, December 10, 2013, in the Boardra&n,.3rd
Flo'or, Administraition Building, CblTier County Gpvelirnment Cent&,, 320 '' FastTami am I Trail, Naples, Florida, the Board of County �C6m,'pl [Ssldnelrs �Vi II C A.M.hsider the
,erlactment of, County Ordinance-- The ireetling Will commence al 9:00 AT-I)e ti
tie of'tho pr6posed Ordin-ance is, as f oll Ivws-
AN ORDINANCE OF TIAE BOARD OF. CO -LINTY C-OMMISSJONERS OF COLLUER,
COUNTY, FLORIDA, AMENDING, ORDINANCE NO. 9 1 0-105, AS AMENDED, KNOWN
AS TFIE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE., BY
AMENDING PART FOUR, STANDARDS OF C6NDUC-TAND DISCIPLINE, SPECIFICALLY
SECTION 4.31 DISCIPLINARY PROCEEDINGS, INCLUI)ING MINOR VIOLATIONS,, IN
ORDER TO APPLY RECENT RJEWSIONS TO CHAPTER 489, FLORIDA STATUTES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FORANCLUsIoN IN THE
CODE OF LAWS AND ORDINANCES AND PROVIDING FORM EFFECTIVE DATE.
Acopof the proposed OrdinanIce is on file with the Clerk to. the Board and are
ava'ila6e for inspecti'On. All interested parties are ihvil6d to aftend and be li'6ard.
NOTE: Al I p' erson--, wishing to speak on any agenda 'itenl n) ' u ' St re -9i ster %A'.,1th the
Cow.'ty' administrator I rrior to presentation of the agenda item to be addressed.
lndividual speakers wi I b.e iirnifed,to 3 rnln,utes,on any The selection otan
individual to speak on behalf -of an organization or group is encouraged, If
recognized by the Chairman, a spokesperson fora group or organization May be
allotted 10 minutes to speak on an item.
Persons wishing to have: written or graphic materials included in the Board agenda
packets must submit said material,L minimum of 3vjeeks prior to the respectirve.
VLi
blic hearing. In any case, written materials Tlintendecl'to be considered by the
ard.511all be submitted to the appropriate Cop ' nty staff a miriinl"LA'h of seven, day's,
Prior to the public hearing. All material u'se'd in presentations before the Boa'rd'
will become a peg nianent part of th6 record.
Any pf?rs.on who decides to appeal a decision of Boardwillneed a,i*0co,'rd of the
proceedinpertaining thereto and therefore, may need to ensure that a verbatim
q, ior.
record or the preedi n gs 1s pliacle, which, t�eg&d in'duclas the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who 'needs any accomnlodaition in order to
participate in this proceeding,,you are entitled, at no.,cost To yOu"to the, provision
of certain assistance. Please contact the, Collier County, Facilities Management
Building W, Naples,
Department, located at 3335 Tam ami Trail East, Suite 4tiol
L r
Florida 3-4112, (239) 2,52-63-80'. Assisted listening devices for the hearing unpaired
are available in the County Commissioners' Office.
BOARD OF COUNTY CONWIS51ONERS
COLLIER COUNTY, FLORIDA '
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK. CLERK
By: Mar-thia Vergara, Deputy Clerk
(SEAL),
November 27, 20'13 No.2007253
Martha S. Vergara
From:
Martha S. Vergara
Sent:
Thursday, November 14, 2013 3:02 PM
To:
'Polidora, Carol'
Subject:
RE: Ad Confirmation
Carol,
Under the title first line reads:
A copy of the proposed Ordinance is on file with the Clerk to the Board and are
Should read:
A copy of the proposed Ordinance is on file with the Clerk to the Board and is
Thanks,
Martha
-----Original Message -----
From: Polidora, Carol [mailto:cpolidora@naplesnews.comj
Sent: Thursday, November 14, 2013 2:35 PM
To: Martha S. Vergara
Subject: Ad Confirmation
Martha,
Please provide approval ASAP for publication on 11.27.13.
THANKS!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
O (239) 263-4871 1 Fax: (239) 325-1251 1 cpolidora@naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. Share.
How may we help you? Call us at (239) 213-6000
Thank you for placing your ad.
Date
11/14/13
Publication
NDN
Account Number
744107
Ad Number
2007253
Total Ad Cost
$259.38
1
NOTICE OF INTENT TO CONSIDER,AN ORDINANCE
17 E
1\116ti'ce is hereby gi%,,-en that aln'Tu�sday, December 10, 2013, in the Boardroldirn, 3rd
Flo'or,,Adminfstration Building, Collier County C46vernment Center, 3,29q Fas't
Tamiartil Traill, Naples, Florida, the IJoardof Count
y�C&nmllss'fb-ners will c6hsiderthe
n
ear--Lment'of-tounty'Ordinancc-- -the,in'e, I oting Wi,111 commence, at 9`00 A.M.- 'n),- ti-
tl , e Of the proposed Ord! nance is as f al lows:
, P
AN, ORDINANCE OF THE BOARD OF.. COUNTY COMMISSIONERS OF COI-LI,ER,
COUNTY, F'LCRI,DA, AMENDING -ORDINANCE NO. 90-105, AS AMENDED, KNOWN
AS THE COLLIER COUNTY CONTRACTORS' LWENSING BOARD .f. BY
AMENDING PART FOUR, STANDARDS OF CONDUCTAND DISCIPLI,NF, SPECIFICALLY
SECTION 43, DISCIPLINARY PROCEEDINGS, IN(fLUI)ING, MINOR. VIOLATIONS" IN
ORDER TO APPLY RECENT REVISIONS TO CHAPTER 489, FLORIDA STATUTE$;
PROVIDING FORCONFLICT AND SEVERABILITY; PROVIDING FOR.INCLU _S THE
CODE OF LAWS AND oRDINANCES; AND'PROVIDING FOR AIS EFFECTIVE DATE.
A copy of the proposed Ordinance is on file With the C16rk t6 the Roard and is
available for inspectiOn. All int&ested parties are i, I nvit6d to aftp-nd and be Beard.
NOTE. All persons wishing' tri on any agonda,iteni, ' niust register "With'010
or I prior ( I speak
the e
Co u nt�y. a d m i n i strat To Pr, It rn to be addressed.
Individual speakers will be lirnitedjo rnln,utes-,on any iiKn. Theselection of an
indivi,dual.to speak on beh,alf.lofl an organization or',group is encouraged.If
recognized key the Chairman, a spokesperson farz group or organization may, be
allotted 10 minutes to speak on an item.
Persons wisl-iing To have written or graphic materials included in the Board agenda
packets must submit said materialz minirnum of 3,weeks prior to the respecti've
Liblic hearing. In any case, written materials Is intende:d'ti� he considered by the
pard shall besubrnitted to the appropriate Clopnt,� staff a rni0t
'nlrn�ri of severs clays`
prior to the public hearing. I All material used in prje��entations before the Board'
will betbritei a p:errnanent part of the' record.
Any person ' who decides to,appeal a decision of'1he Beard will need a,recbrd of the
Proceedings pr rtaininIg theret,6 and therefore, may' ,need to ensure that
hat, a verbatim
record of the Proceedings is made, which record includes the testirpony and
evidence upon which the appeal is based.
If you are a person with a disability who 'needs any accornmodation in order to
participate in this proceeding,, you are entitled,:bt no,, CoST10 you, to the provision
of certain assistance. Please contact the Collier County. Facilities Management
Department, located at 3335 Tamiami Trail Fast, Suite *101, gui1ding W, Naples,
Florida 3-4112, (239) 21,5243384'. Assisted listening devices for the hearing impa irad
are available in the County Commissioners' Office.
BOARD,OF COUNTY COMMIS51ONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESD., CHAIRVVOMAN
DWIGHT1. BR CS:, CLERK
By: Marti -,a Vergara,,Deputy Clerk
(SEAL),
November 27. 2013 No. 2007253,
&4V4� L eet�l � �Wduk
17E
.� •
I rimmm
NOTICE OVINTENTTO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday, December 10, 2013, in the Boardroom, 3rd
Floor, Administration Building, Collier. County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of Count Commissioners will consider the
enactment of County Ordinance. The meeting wil commence at 9:00 A.M: The ti-
tle of the proposed Ordinance is as follows:
AN UNTY
SSIONERS OF COLLIER
COUNTY ORDINANCE F ORIDA, i4MENDING ORD NANBOARD OF CE NO. 90- 05, IAS AMENDED,iKNOWN
AS THE COLLIER COUNTY CONTRACTORS' UCENSING 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 FLORIDA STATUTES;
PROVIDING FOR ONFUCT AND SEVERABILITY; PR VIDI G9FOR INCLUSION N THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A copyblof the proposed Ordinance is on file with the Clerk to the Board and is
availae for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register .with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimumof 3 weeks prior to the resppective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any, accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities , Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening' devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER; ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK -
By: Martha Vergara, Deputy Clerk
i
(SEAL) 201 q '`Sn. 20072t?
Naples Daily News 1 7 E
Naples, FL 34110
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/CDES BUDGET OFFICE
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700
NAPLES FL 34112
REFERENCE: 068784 4500148123
59733421 NOTICE OF INTENT
14411,11
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday, December 10,-2013, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the
State of Florida enactment of County Ordinance. The meeting will commence at 9:00 A.M. The ti-
tle of the proposed Ordinance is as follows:
County of Collier
Before the undersigned authority, pel AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90-105, AS AMENDED, KNOWN
appeared Robin Calabrese, who on Oath : AS THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE, BY
AMENDING PART FOUR, STANDARDS OF CONDUCT AND DISCIPLINE, SPECIFICALLY
she serves as the Advertising Director SECTION 4.3, DISCIPLINARY PROCEEDINGS, INCLUDING MINOR VIOLATIONS; IN
ORDER TO APPLY RECENT REVISIONS TO CHAPTER 489, FLORIDA STATUTES;
Naples Daily News, a daily newspaper pt PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
Naples, in Collier County, Florida: t] CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is
attached copy of advertising was pub 1 i ; available for inspection. All interested parties are invited to attend and be heard.
newspaper on dates listed. NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Affiant further says that the said Ni Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
News is a newspaper published at Naples recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Collier County, Florida, and that the I Persons wishing to have written or graphic materials included in the Board agenda
newspaper has heretofore been continuo- packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written -materials intended to be considered by the
published in said Collier County, Flor Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
day and has been entered as second cla will become a permanent part of the record.
matter at the post office in Naples, i proceedingnspertaningdecides
theretepanlaadecision thereforeorr�tyeBeedtoensureneed
tnata°vd of ebathe
Collier County Florida for a period record of the proceedings is made, which record includes the testimbny and
evidence upon which the appeal is based.
next preceding the first publication O If you ate a person with a disability who needs any accommodation in order to
attached co of advertisement and of participate in this proceeding, you are entitled, at no cost to you, to the provision
PY r of
certain assistance. Please contact the Collier County Facilities Management
further says that he has neither aid Department, located at 3335 Tamiami Trail East, Suite #101 Building W, Naples,
Y p Florida 34772, (239) 252-8380. Assisted listening devices for the hea Ing impaired
are available in the County Commissioners' Office.
promised any person, firm or corporate
BOARD OF COUNTY COMMISSIONERS
discount, rebate, commission or refund COLLIER COUNTY, FLORIDA
purpose of securing this advertisement GEORGIA A_ HILLER, ESQ., CHAIRWOMAN
publication in the said newspaper. DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
PUBLISHED ON: 11y
AD SPACE: 86
FILED ON: 11/
Signature of AM
Sworn to and SubE
Personally known
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
a.,ti^n of thn (hairtnan'c cia to & draw a line. thronnh rnntina lines # I through #2. complete the checklist, and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
appropriate.
Initial
Applicable)
2.
12/10/13
Agenda Item Number
17-E
3. County Attorney Office
County Attorney Office
KN
12/10/13
4. BCC Office
Board of County
Commissioners
Gkl
i
5. Minutes and Records
Clerk of Court's Office
Documents Attached
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
a,tnrpecepe aheye may nee.d to enntact staff fnr additional nr missing information.
Name of Primary Staff
Marlene Se rr o, Code Enforcement
Phone Number
252-2487
Contact / Department
appropriate.
Initial
Applicable)
Agenda Date Item was
12/10/13
Agenda Item Number
17-E
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
KN
Type of Document
Ordinance — Contractor's Licensing
Number of Original
One
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
PO number or account
signed by the Chairman, with the exception of most letters, must be reviewed and signed
number if document is
N/a
to be recorded
All handwritten strike -through and revisions have been initialed by the County Attorney's
KN
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
Initial
Applicable)
1.
Does the document require the chairman's original signature?
KN
2.
Does the document need to be sent to another agency for additional signatures? If yes,
KN
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
KN
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
KN
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
KN
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
KN
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
KN
should be provided to the County Attorney Office at the time)he item is input into SIRE.
Some documents are time sensitive and require forwarding Tallahassee within a certain
time frame or the BCC's actions are nullified. Be awareWyour deadlines!
8..
The document was approved by the BCC on 12/10/1 and all changes made during
KN
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
I
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready f th
Chairman's signature.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Wednesday, December 18, 2013 10:53 AM
To: Neet, Virginia
Subject: CLB Ordinance 2013-67
Attachments: Ordinance 2013-67.pdf
Hi Dinny,
I have a question for you/your office regarding the
CLB Ordinance that was adopted by the Board last
Tuesday, No. 2013-67 (attached).
On page 2, down towards the bottom of the middle paragraph
there's reference to an "exhibit A" that was supposed to be
attached/included with the Ordinance.
There wasn't an "exhibit A" in the Agenda or with the
signed Ordinance we received.
So I emailed Judy Puig and asked her if she could help me
find the missing exhibit; she was kind enough to check on it
for me and forwarded me a form that Mike Ossorio sent her
in an email; I assume it's exhibit A that was supposed to be
attached to the Ordinance.
What she forwarded me is the last page of the Ordinance
I've attached to this email.
My question is... the Board approved/adopted what was
in the agenda, technically that form wasn't there.
From a legal standpoint, how does this need to be handled?
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
1
17E
17E
Ann P. Jennejohn
From: Noell, Kevin
Sent: Wednesday, December 18, 2013 4:02 PM
To: Ann P. Jennejohn
Cc: Neet, Virginia
Subject: FW: Exhibit A
Attachments: Ordinance 2013-67.pdf
Hi Ann,
This is the correct citation form (Exhibit A). Please send the ordinance and the exhibit to the State, thanks.
k;cvin L. Noel]
Assistant County Attorney
Collier County Attorney's Office
1)39.252.8424
From: NeetVirginia
Sent: Wednesday, December 18, 2013 2:35 PM
To: NoellKevin
Subject: FW: Exhibit A
Ann asked that, after you verify that this is the correct citation form (Exhibit A), please email her confirming that she can
send the ordinance and exhibit to the State.
Dinny
Virginia A. Neet, PRP
O°fice of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
C , „sa I..V♦ A,,' do nu nl..z E-.fi i. >.� i. .. 'i ..✓ ..r 1 � r, � ., L.?.i -_'�:i € .r..3,. .. L. e ,-r ,.
:e or i ;ili ..
From: Ann P. Jennejohn [mailto:Ann.Jennejohn(cbcollierclerk.com]
Sent: Wednesday, December 18, 2013 2:12 PM
To: NeetVirginia
Subject: Exhibit A
Hi again Dinny, ,
Here's the form/exhibit I was forwarded.
Thank you for your helpll
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
17E I -
ORDINANCE 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, i eluding " inef V iel atie .
Words Underlined are added; Words &+u khan are deleted.
Page 1 of 5
17E
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 one
thousand ($1,000.00) dollars for the first uncontested violation and five hundred dollars
($5900) two thousand ($2,000.00) dollars for each subseq,.o„+ 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 filingof f charges Notwithstanding the above -referenced penalties, in the event a first
uncontested violation is the result of the violator engaging in the business or acting in 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.
IV,
ffrrr-V.P�w
.
.........
Words Underlined are added; Words Stfeek Thfetigh are deleted.
Page 2 of 5 0
17E
(e) b) Majef Violations. The Contractor Licensing Supervisor, or his
designee, may initiate disciplinary proceedings against a licensed contractor for Wtjof
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..
(d) (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.
(#) (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 ;k ThEetigh are deleted.
Page 3 of 5
Noneemplianee shall not be aeeempanied with
fine or- any other- diseiplinar-y penalt�,� but may
in
any immediate
speeify that
Netiee for-
thfem of
failure of
Gemplia-aeo
an), fnefle4afy
the vielatef te
in
eeffeet the vielation within the time sperified
Violation.
the
ma�, result
(e) b) Majef Violations. The Contractor Licensing Supervisor, or his
designee, may initiate disciplinary proceedings against a licensed contractor for Wtjof
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..
(d) (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.
(#) (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 ;k ThEetigh are deleted.
Page 3 of 5
17E
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; Words 84uek Through are deleted.
Page 4 of 5 (
17E
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 1pVVA day of 2013.
ATTEST BOARDOF C UNTY COMMISSIONERS
DWPHT E. BROCK,,Clerk COLL O NT , FLORIDA
ByABy:
Attest At Chal �, ty C erk GE GIA HILLER, ESQ.
CHAIRWOMAN
Signature ont -',,
Approved as to form and legality:
This ordinanc^ 'i!, d with the
��yT'd y ofb�(3he
Kevin Noell d y of Assistant County Attorney and acknowledgem f that
f' 'n received this � day
(3y U" c rk
Words Underlined are added; Words Stfiiek Thfough are deleted.
Page 5 of 5
17E
COLLIER COUNTY
GROWTH MANA QEMENT DIVISION
CITATION
Pursuant to nctiou =489 12'7 s3) ta;. Florida Sialwes, the 11rd,,sqp,dier-, t'nat .,tr,n
p °rsoaai tree 4 t ;-atit'ar• 1 Ale h.ta ri t..nnab e and probable ,rounds to bene ,c ttun Ilse person iEhose
name r.t.ea. �>flo,w as is icd 1 z hd e iwluty sed scctwn-189 t i':, i'l rt' u _ tmwes. and the C01.1ar
t t unly Connitcuir's Llesi n 0rt .ince No 11,06-4, (r s may IT, aatzai nded 10,conimining lire
ciolaition st;aty; f>ek—
Month f IIV Rear 'rime Ab'UHM
Issued To. __. _..
dOreSs ... ------
CitvState Lt _.-_. .
'tc cirhxxrt \�. d.C). [Yate of Bulla Rtw Se.7 Height
4cnu:lt• Zak lvtmtira?PhaiHc,) Yc:a Colc•.r he No.
Lxation of vluadon
QPTIQNS
I have been irt'orrned of the: violation for which I have been charged and eleet the
e l
foll�on7ing option iCheck onej
1) 1 Choose to ptav the peala}ty of S
2,) ❑ I choose not to pati the pcnalty, and will rc°queat in orlon by eestilied mail or hand
deliver% an Mill! nistr=ative. Heart tic before the Contractor's L iccnsIng hoard.
Description r t Violatitrn Fate Violation Observed .._. _.
a) ❑ Faluk hold self car business organization out t� a licensee, certih uc bidder o*
registrant:
h) ❑ Falser impersonate a certificate holder or re,istramr
C) ❑ Present as his'he: dawn the certificate or registr.l unt ;if another;
di ❑ }Cn +v n>!y give to°se or forged evidence to the Board or a member thereof:
ci E:t Seo attem.Pt to Use i'e 1lhcritc or tegktradon wh;ch i.aa peen tit " aiie'd of
resoked.
t) ❑ F:nga?e in the business or act in the capacity of a contractor or advertise self
or business as availshle to engage in the business or act in the
Capacity of it co :tractor without being duly registered or cerlific&
❑ Operate a bustnc�'s organ,aation engaged in contracting after i60} t1Ca}'s
hi ❑ Commence for perform work for which a btulding permit is required pursuant 4
aro adopted state minitnum builtim, code or vritltout such permit being in effect:
i) ❑ Willfuliv or deliberately disregard or violate anv Collier County ordinance
releuu :o uncertified m unregistered contractors.
A person or business organization operating on an inaclive or suspended o:cnuficate.
or ry g istraimn, or operating beyond tilt scope od' a+ork or geoEr<iphical scope of the
re_*isti ation. is not duly° certified or registered.
SIGNATt R}: iRE:t"[I'[FN"f} SIGN A71`RF iINA :SFIGAFORi
PRINT IFF,('IPIEN I S NANIF� PRINT i}h` ESTIGATOR'S NA; IFl
P rsuaatt to —189.127, Florida Statutes. wiilful refusal to sign .and accept dais riieatien
constitutes a misdemclnu sit the second degree, punishable a.; pwr;did it7 seetiext
775.082 for 7715.085 Florida Statutes.
ISE;k:: R} F E-RSF: FOR INSTRUCTIONS)
COLLIER COUNTY CONTRACTORS LICENSE
17E
PAYMENT OF GITATIQN:
"I lle Penalty for each uncontested violation has been set by the Board of Collier
Coulliv C'ennnissioners, and shall be pay anlc- to the Beard ref C. ,alter C'otuaty
Commissioners. 2800 North l loreeshoe l)rirc, Naples. Florida ?4,1 04, no tater than
10 days of notice receipt, excluding, weekends and legal hohdays.
f'1Y111:V7 } 11L-.S7'13f 11:11.)( Hk' CASH, Cif "CK, OR MONEY ()RDL:I?;
ALL FLS :WCST BE RL1111"1U) IN i. S. FUNDS,
I INE SCfT1;I)UU,- UNCONTESTED VIOLATIONS
I st Uncontested Offene S 1.000.01)
tad Uncontested Offense 52,000.00
Notcvithstandirag the abo%c-refere'iced pe:;allics, in the e.ce:nt a fitA uncontested
violation is the result of the violator cn acing in the bwtincss or acting in the
caapacityofitCotttractor(aradcertisinghimself onccr+elfor.abusinc4s or,anizatwn
as available to engage ill the business or act in the capacity of a contractor avithoat
being drtlti registered o. certified. rhe pe salty' shall he ab ;ted tram Jt.D00 to to
5300,00 if :he violator submit a completed application in iccoidance. with Section
_'.l ,and <:< of this Otdin.,nce tivithin fol- -five i=.5) days of the date r,1 istrance of
the Citation for the yfuiation.
REQUEST FOR HEARING:
You may' request an Adminivtratice Hearing %vithin the same ren 110) daffy bane
frame before the Collier County C'ontractor's Licensing Board upon notice, in
writing, to the Cuntutctor`s Licensing Supervisor. If you do not request a hearing
or pay the penalty fee is described, the citation Shall al.110111.1tiCall hVC0111C as Final
Order of the Cont actor's Licensing Board, ordering the ricilator to pay the civi
penalty' Set forth on .he citation without a hearire. Acerutied copy of such isirder
shall be recorded in public accords and thereafter shall constitute a lien aa,'amst
most real and personal prope.rtc ocvraaed by the violator, Upon petition to the t.�ircttit
Court. such Order may be enforced in the same manner as a Coun Judgment by
the Sheriff's Office of, the State It rafter three 0) nwndts from film.- such Jeri. the:
lien remains unpaid. the Cion r a -,r's' icensma, Board nmN auti'mi tae Counter
lttorney°s Office to fo-ei lase oil the ien.
The maximum penalt.v for a contested citation is S250000 for each day the
violauon exists.
Each dav° .a sillful k .ca Ing, violation e<rntinues its Jt s legate ei(tntic
and pcauaitica shall continue to :SeernC- Any, aggrieved party may appeal a Final
Administrative Omer of the Board to the Circuit Court. Such appeal shall not be
a hearing de nova, but shall be limited to appellate review of the record created
before the Board. A', appeal must be filed within thitly (30) day's of exe;:ution of
the (order.
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