Ordinance 94-34A"N ORDINANC~ NO. 94-
AMENDING COLLIER COUNTY ORDINANCE NO,
THE COLLIER COUNTY CONTRACTORS' LICENSING
ORDINANCe, AMENDING AND ADDING DEFINITIONS;
CONTRACTOR QUALIFICATION'AND TESTING~
IN CERTAIN TRADES ~ AMENDING~
EXPERIENCE REQUIREMENTS; CLARIFYING APPLICATIONT_
PROCEDURES AND REQUIRED INFORMATION; ADDING
BUSINESS RECORDS REQUIREMENT; ADDING TO
C0NTRACTOR'S LICENSING BOARD RESPONSIBILITIES~
CLARIFYING STANDARDS OF CONDUCT FOR LOCAL ANIb ". , --~
STATE CONTRACTORS; CLARIFYING NOTICE REQUIREMENTS.~
ADDING SANCTIONS AND REQUIRING THE CONTRACTORS~
LICENSING BOARD TO RECOMMEND A SANCTION TO STATE
CONTRACTORS AND ELECTRICAL CONTRACTORS' LICENSING
BOARDS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the local regulation of contractors is in the
best Interests of the citizens of Collier County and protects
the publio health, safety arM] welfare; and
WHEREA~, amendments have occurred to state statutes
pertaining to the regulation of contractors which require
revision to this Ordinance.
NO~, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION Ol~s Part One Entitled, Certificates of Competency
leqllired, shall he amended as lollowes
PART ONE: CERTIFICATES OF COMPETENCY REQUIRED.
X · X · Unlawful to Contract without a Certificate of
Competency. It shall be unlawful for any person, firm,
partnership, corporation or other legal entity to: engage in
any construction contracting business, advertise or represent
himself/herself or a business organization as available to
engage in any construction contracting business, or act in the
capacity of · contractor or subcontractor for any of the trades
listed in Section 1.6 of this Ordinance, within the unincorpo-
rated area of Collier County and the incorporated area within
the boundaries of the City of Naples, without having first made
application for and having been issued a current and valid
Collier County/City Of Naples Certificate 0f Competency or an
applicable State Certified License. Nothing here in shall be
construed to mean that there cannot be employees in a trade who
are Dot qualified or certified withi. the definitions herein
set forth if such employees are employed by a licensed
Words ~ are added; words =truek--t-M are deleted.
contractor who exercises supervision and control over said
employees. Indicia of an e~plo~ment relat~onship shall include
the esplo~er's regular payment o~ wages and c~ensation, FI~
dadu~i~s, ~x vi~oldin~ and provision o~ Workers~ C~pen-
sation to the ~l~ees, all as prescri~d ~ lay.
1.2. Buildin~ Pe~its.
1.2.1. Ho ~ildlng petit shall be issued ~or the
const~ion, alteration, or repair of any stature unless the
a~licant for the petit ~ssesses a ~ent Collier County
/City of Naples Ce~i~lcate of Competent, an applicable State
Ce~lf~ License, or ~s ex~pt fr~ the operation of this
~dLnance.
~,2.~. It shall h unlawful tot any ~er-~lder
to pr~e a ~ldlng petit and to use said petit v~th the
~nten~ to a~d or ah~ an unl~censed contractor to perfo~ the
~itt~ ~nst~ion, alteration, or repair. Such conduct
shall h ~shable as a violation o~ th~s ~dinance and the
~it and lns~ton shall h considered invalid ~or that
~ion o~ ~e cons~ion relat~ to the v~olation.
· .3. ~e~tlons.
· ,3,~. ~er-Bu~lders.
~ers o~ prope~y vhen acting as their ~
contremor and providing all eternal supe~lsion th~selves,
~en ~lding or l~rov~ng ta~ out~ld~ngs or one-~am~ly or
two-family residences on such property ~or the ~pan~ or use
o~ such ~ers and not o~ered ~or sale or lease. In all
actions brought under Section 1.1 o~ this Ordinance, proof
~e sale or lease, or o~er~ng for sale or lease, 'c~ ~ ~
e e I stature ~ ~e o~er-~ilder wi~ln 12 months
a~ter is~anca of a Ce~lficate of ~Dan~ ~ ~ IS
~acie evidence ~at the const~ction vas undertaken ~or
~ses ot sale or lease. ~Ls does not exempt any person
is gpl~ed ~ such ~er and vho a~s in ~a capacity o~ a
contremor. ~s exemption does not apply tc any t~e
cmerc~al ~ild~ng. To ~all~y for exemption under th~s
Subsaction, an ~er F~ C~ lly appear and sign the
_
Words ~are added; vords =tr;=k th:c~ are deleted.
~uilding larait ap~licatton. An ovner-~uilder rill be tssued a
aaxiana of erie (1) ~e~-~llde~ pe~l~ ~or the
of a ~e-family or two-family home in any three (~) year
~rl~. ~ ~er-~ilder a~lying for or receiv~ng more than
~pe Building Petit f~ the const~ction of a one-family
~o-famfly h~e fn any three (3) year peri~ shall ~ prime
facie evidence of ~ilding~contracting without a license which
is a violation of.~fs ordinance.
1.3.2. ~blic Works.
~e provisions of this Ordinance shall not
a~ly to: any constm~fon, alteration, f~r~ement, or repair
called on within the limits of any site the title
in the United States or with respect to which federal law
su~rsedes this ~dinance~ or to a, authorized employee of the
United States, this State, or any ~nicipality, county, or
Rher ~lit~cal su~lvision if the employee does not hold
himself ~t for hire or otherlee engage in contracting except
in ac~rdance with his ~lo~ent.
1.3.3. Persons Holding ~ent State Certified
Ce~ifl~tes of C~tenq. Any person holding a ~ent State
of Florida Ce~ified Ceilfiats of C~eten~ Is exit fr~
o~n~ng a Collier County/City of Naples CeRlf~cate of
C~ten~ for ~at trade for which he/she is ce~ified ~ the
State, unless a local l~cense ~s also retired. Such person
retired to possess a ~ent oc~pational license issued by
the Tax Collector of Collier County, and h~s/her perfo~ance as
a contractor shall ~ subject to all other retirements of this
Ordinance not in conflict with applicable Florida law.
1.4. Rental of Ce~lficates of Competent.
1.4.1. Certificates of C~peten~ shall e~ire
annually at midnight on Septemir 30th of each year.
1.4.2. ~e Contractor Licensing Supe~isor shall
direct the mailing of renewal notices to all licensed
contractors at least one month prior to the expiration date of
1.4.3. Applicants for reneval must present the
Words ~are addedi words e~ are deleted.
Contractor Licensing Supervisor with the follovtn~
A. Zvldence of Insurance as required by thls
Ordinance,
B. A current Collier County and/or CIty of
N~p~es occupational license, as applicable.
1.4.4. Xny Individual or business oraanizatton
failing to renew his ortts Certificate of Competenc~/prior to
midnight on September 30th of each year shall have until
midnight December 31st of the same year to renew his ~
Certificate of Compe[ency, provided however, that in addition
to painsent of the standard renewal fee as required by this
Ordinance, the applicant shall be charged a late fee
accordance with the schedule of fees and charges adopted
resolution pursuant to Section 2.1.5 of this Ordinance.
1o4.5o Should September 30th or December 31st be a
Saturday, Sunday, or legal holiday, the renewal period shall
not expire until midnight of the next working day.
1.4.l. Any individual failing to renew his
Certificate of Competency prior to December 31st shall be
,required to sake reappllcatton pursuant to Part Two of this
Ordinance.
1.5. Contractors' Identification Required on
Advertising mediums.
1.5.1. All contractors licensed under the
provisions of this Ordinance shall be required to* firmly affix
and/or to display the qualtfler's Certificate of Competency
Humbet and the "Doing Buslness As" Name on all advertising
mediums used by the contractor, Including but not limited to.
contracts. brochures. business cards and vehlcles used in their
trade or business. The minimum height of each number or letter
affixed to and displayed on vehicles shall be two (2) inches.
1.l. Definitions and Contractor Qualifications.
1.1.1. Contractor means the person who is qualified
for and responsible for the entire project contracted for and,
except for those herein exempted, the person who, for
compensation, undertakes to, or submits a bid to, or does
..o. C66. ,fj02
Words tM~ are added; words ........ ~ ..... ~ are deleted.
himself or by others, any or sll or the follo~inq construct,
repair, alter, remodel, add to, gSlK~tt~l~ subtract from, or
~ improve any building' or structure, including related
:~ improvements to real estate, for others, 'or for resale to
others, as hereinafter defined in Sections 1.6.1 through 1.6.3
of this Ordinance.
:" lo$ol. Zo General Contractor requires
forty-eight (4S) months experience as a s~sefv4ee~ with a
passing gTade on a six-- ~6~ hour test and a two [21 hour
business and lay test and means a contractor whose services are
unlimited as to the type of work ~hich he/she may do, except as
provided in this Ordinance.
~0TE~ Also see Sect.
1o1.1.2o Building Contractor requires
forty-sight (48) months experience as a ~ with a
passing gTade on a six-
business and lay test and means a contractor ~hose services are
limited to construction of commercial buildings and
single-dwelling or ~ultiple-dvelling residential buildings,
w~ich cammercial or residential buildings do not exceed three
stories in height, and accessory use structures in connection
therewith or a contractor whose services are limited to
remodeling# repair, or improvement o~ any size building if the
services do not affect the structural members of the building.
~ EQ~Z~ Also see Sect. 1.6.2.
1.1.1,3. Residential Contractor requires
£orty-eight (48) months experience ss s sepefv~e~ with a
passing grade on a six-
business and la~ test and means a contractor whose services ars
limited to construction, remodeling, repair, or improvement of
one-family, two-family, or three-family residences not
exceeding t~o stories in height and accessory use structures in
connection therewith.
NOTE.- Also see Sect.
1.S.&.4. Contractor qualification~ for practice
and restrictions.
'5-
Words ~ are added; fords =t==ck ........ zre deleted.
A general, ~lidlng, or residential contractor shall not
~e rs~ulred to subcontract the lnstallattonA or reDair made
under warranty, of wood shingles, wood shakes, asphalt or
£1b~rglass shingle rooflng materials on a new bulldlng of his
mrn construction, Further, a general contractor on new sits
develol~ent work, site redevelopsent work, mobile home parks,
and cmerctal properl;tes, shall not be required to subcontrac~
the construction of the main sanitary sewer collection system,
the storm water collection system, and the water distribution
system, not Including the continuation of utility lines from
the mains to the buildings. Further, as to' mobile home parks,
the general contractor shall not be required to subcontract the
continuation of utlllty 11nee from the mains, and the
Gontinuatlons are to be considered a part of the main sever
collection and main' water distribution systems. However, no
general, building or residential contractor state certified
after 1973, shall act as, hold himself/herself out to be, or
advertise hlmaelf/herself to be a roofing contractor unless
he/she is certified or registered as a roofing contractor.
A senera1. buildInd. or residential contractor. eXCePt as
otherwise provided in this Dart, shall be responsible for any
construction or alteration of a structural component or a
buildina or structure. and any certified denera1 contriCoT or
certified underoTound utility and excavation contractor may
perform ctearina and drubbind. aradtna. exCaVation. and other
site work for any conatrl/ctioD Dro~ect'in the state. Any
certified butldlna contractor or certified residential
~ontrac~.or may perform clearina and grubbind, gradind.
excavation. and other-site work for any construction ~ro~e~t in
this state, limited to the lot on which any SDeCiftC buildina
A General contractor shall not be reguired to subcontract
structural swimming Dool work.
1.6.2. Subcontracting; Subcontractors.
A contractor shall subcc.ntract the
electrical, mechanical, plumbing, roofing, sheet metal,
Words J~l~are added; words ==r'~h ~hr;;gh are deleted.
swimming pool, and air conditioning work for which a local
examination for a Certificate of Competency or a license is
required, unless such contractor holds a Certificate of
Competency or license of the respective trade categozT, as
required by the appropriate local authority.
x.l.2,x. Sheet Metal Contractor requires
twenty-four (24) months experience and a passing grade on a
three [3} hour test and a Destine arade on a ~WO .[2} hour
business and law test and means any person whose services are
unlimited in the sheet metal trade and who has the experience,
knowledge, and skill necessal7 for the manufacture,
fabrication, assembling, handling, erection, installation,
dismantling, conditioning, adjustment, insulation, alteration,
repair, servicinq, or design, when not prohibited by law, of
ferrous or nonferrous metal work of U.S. No. 10 gauge or its
equivalent or lighter gauge and of other materials,
including,but not 1Jamdeed to, fiberglass' used in lieu thereof
and of air-handling systems including the setting of
air-handling equipment and reinforcement o~ same and including
,the balancing of air-handling systems. This definition and
qualifications does not include roofing.
X.l.2.2. Roofing Contractor requires thirty-six
(36) ~onths experience, a passing grade on a three {3} hour
test and a passin~ arade on a two [2} hour ~usiness and law
test and means any person whose services are unlimited in the
roofing trade and who has the experience, knowledge, and skill
to ~nsta11, maintain, repair, alter, extend, or design, when
not prohibited by law, and use materials and items used in the
installation, maintenance, extension, and alteration of all
kinds of roofing and roof waterproofing and coating, except
when coating is not represented to protect, repair, waterproof,
stop leaks, or extend .the life of the roof.
1.6.2.3. Mechanical ContractoF requires
forty-eight (48) months experience as alicensed Journeyman or
igtLtVjjall~, a passing grade on a six [6) hour test
~assina ~-ade on a two [2~ hour business and law test and means
Words MI~are addedl words =~===~ ~hr==gh are deleted.
any ~rson whose services are unlimited in the execution o~
contracts requiring the experience, knowledge, and skill to
install maintain, repair, fabricate, alter, extend, or design,
when not prohibited by law, central air conditioning,
r~rigeration, heating, and ventilating systems, including duct
work in connection with a complete system only to the extent
such duct work is performed by the contractor as is necessary
to make coxplate an air-distribution system, boiler and un~irsd
pressure vessel systems, lift station equipment and piping, and
all appurtenances, apparatus, or equipment used in connection
therewith~ and to install, maintain, repair, ~abricate, alter,
extend, or design, ~hen not prohibited by law, piping,
insulation of pipes, vessels and ducts, pressure and process
piping, pneumatic control piping, gasoline tanks and pump
installations and piping for same, standpipes, air piping,
vacuum line piping, oxygen lines, nitrous oxide piping, ink and
chemical lines, fuel transmission lines, and natural gas fuel
lines within buildings~ to disconnect or reconnect power and
low voltage heating, ventilating, and air conditioning control
wiring on the load side o~ an existing electrical disconnect
switch] and to install a condensate drain ~rom an air
conditioning unit to an existing sara waste or other approved
disposal other than a direct connection to a sanitary system.
The scope of work for such contractor shall also include any
excavation work' incidental thereto, but shall not include any
work such as liquefied petroleum gas' fuel lines within
buildings, potable water lines or connections thereto, sanitary
sewer lines, swimming pool piping and filters, or electrical
power wiring.
X.l.2.4. Class A aAir e~onditioning e~ontractor
requires thirty-six (36) months experience as a licensed
~ournevman or eauivalent with a passing grads on a six f61 hour
test and a DassinQ arade on a two f21 hour business and law
test and means any person whose services are unlimited in the
execution o~ contracts requiring the experience, knowledge, and
skill to install, maintain, repair, fabricate, alter, extend,
Words MlM~erlinedara added; words ctruc~ ~hrcu~h are deleted.
or design, when not prohibited by law, central air
conditionir~7, refrigeration, heating, and ventilating
includin~ duct work in connection with a complete system only
to the extent such duct work is performed by the contractor as
i~ necessary to make complete an air 'distribution system,
boiler and unftred pressure vessel systems and all
appurtenances, apparatus, or equipment used in connection
therewith; to install, ~alntain, repair, fabricate, alter,
extend, or design, when not prohibited by law,
Insulation of pipes, vessels and ducts, pressure and process
piping, and pneumatic control piping; to disconnect or
reconnect power wiring and lo~ voltage heating, ventilating,
and air conditioning control wiring on the load side of an
exiatinq electrical disconnect switchX and to install a
condensate drain from an air conditioning unit to an existing
safe waste or other approved disposal other than a direct
connection to a sanitary system. The scope of work for such
contractor shall also include any excavation work Incidental
thereto, but shall' not Include any work such as liquefied
,petroleum or natural gas fuel lines within buildings, potable
water lines or connections thereto, sanitary sewer lines,
rdiaming pool piping and filters, or electrical power wiring on
the line side of the disconnect switch.
1.l.2.S. Class a e~ir e~onditioning e~ontractor
requires _thirty-six (361 months experience as a licensed
;ournovman or euuivalent with a passing grade on a six (61 hour
test and a Desainu erade on a two (2~ hour business and law
tes~ and means any person whose services are limited to
twenty-five 12~LL tons of cooling and five hundred thousand
(500.0001 BTU of heating in any one system in the execution
contracts requiring the experience, knowledge, and skill to
install, ~aintain, repair, fabricate, alter, extend, or design,
when not prohibited by law, central, air conditioning,
refrigeration, heating, and ventilating systems, including duct
work in connection with a complete system only to the extent
B C _
Words gZl~ are added; words et;=ck t~;;=~ are deleted.
to make complete an air distribution system being Installed
under this classiflcation~ to install, maintain, repair,
fabricate, alter, extend, or design, when not prohibited by
law, piping and insulation of pipes, vessels, and ducts~ to
di~r~nnect or reconnect power wiring and low voltage heating,
ventilating, and air conditioning control wiring on the load
side of an existing electrical disconnect svitchl and to
install a condensate drain from an air conditioning unit to an
existing safe waste or other approved disposal other than a
direct connection to a sanitary system. The scope of vork ~or
such contractor shall also include any. excavation work
incidental thereto, but shall not include any work such as
liquefied petroleum or natural gas fuel lines within buildings,
parable water lines or connections thereto, sanitary sewer
lines, swimming pool piping and filters, or electrical power
wiring on the line side of the disconnect switch.
l. Jo2.g. Class C aAir e~onditioning e~ontractor
requires twenty-~our (24) months experience as a licensed
~ournevman or eouivalent with a passing 9Tade on a six [6~ hour
~est and a ~assin~ arade on a two ~2~ hour business and law
test and means any person whose business is limited to the
servicing o£ air conditioning, heating, or refrigeration
systems, including duct alterations in 'connection with those
systems he/she is serVicin~.
1,6,2.g,l, ~ourneyman Air Conditioning
License Holder requires four (4) years as apprentice, a passing
grade on a six (6~ hour test, and means those quali~ied to
perform york in the ~ir Conditioning Trade while employed or
supervised by an air conditioning~_KeY~li/l~ contractor.
1ol.2.7. Commercial pEool/e~pa e~ontractor
requires thirty-six (36) months experience with a passing ~rade
on a three (3~ hour test and a ~assina arade on a t~o (2~ hour
business and lay test and means an~ person whose scope o~ york
involves, but is not limited to, the construction, repair,
water treatment, and servicing oZ any swimming pool or hot tub
or spa, whether public, private, or otherwise, regardless of
Words~ are added; yards ~:-~=~ t~:c~S~ are deleted.
use. The scope of such york Includes layout, excavation,
operation of construction pumps for dewaterlng purposes,
steelwork, installation of light niches, construction of
floors, ~uniting', fiberglassing, installation of tile and
coping, installation' of all perimeter and filter piping,
installation of all filter equipment and chemical feeders of
any type,.plastering of the interior, construction of decks,
construction of equipment rooms or housing for pool equipment,
and installation of' package pool heaters. However, the scope
of such work does not include direct connections to a sanitary
sever system, potable water lines or to any electrical
installation.
l.l.2.l. Residential pEool/e~pa e~ontractor
requires twenty-four (24] months experience with a passing
~rade on s three f3~ hour test and s passins cTads on a two (2)
hour business and law test and means any person whose scope of
work involves, but is not limited to, the 'construction, repair,
water treatment, and servicing of any residential swimming pool
or hot tub or spa,. re<jardless of use. The scope'of such work
includes layout, excavation, operation 'of construction pumps
for dewstaring purposes, steelwork, installation of light
niches, construction of floors, guniting, fiberglassing,
installation of tile and coping, installation of 'all perimeter
and filter piping, installation of all filter equipment and
chemical feeders of any t3~pe, plastering of the interior,
construction of decks, installation of housing for pool
equipment, and installation of package pool heaters. However,
the scope of such work does not include direct connections to a
sanitary sever system, potable water lines or to any electrical
installations.
1.1.2.t. Swimming pEool/sSpa e~ervicing
e~ontractor requires 24 months experience with a passing grade
on a three f31 hour test and a passins orade on a'two (21 hour
busineei~ and means any person whose scope of work
involves the servicing, repair, water treatment, including, but
not limitPd to, the direct infusion of chlorine gas and
Words llD~QLtt/lediare added~ words =tr==~ t~=c=~t are deleted.
Hintstrance oZ any swimming pool or hot tub or spa, whether
public or private. The scope of such work may include an~
necessary pipir~ and repairs, replacement and repair of
existin~ equipment, or installation of new additional equipment
as .~ecessary. The scope of such work includes the
reinstallation of tile and coping, repair and replacement of
all piping, filter equipment, and chemical feeders of any type,
replastarJ~g, reconstruction of decks, and reinstallation or
addition of pool heaters.
1 · t · 2 · 1O · ' Journeyman Plumber License Holder
requires (4) years as~ apprentice, a passing, frade 'on a six
hour test, and means those qualified to perform work in the
plumbing trades while emplcy?d or supervised b~ a plumbing
contractor.
~ Plumbing Contractor requirss
twenty-four (24) months experience as a licensed ~ournelman or
2~LiJ~I1SD~ with a passin~ 9Tade on a six (6) hour test and a
passing grade on a e~e two f2) hour adml~l~st~ ~
lav test and means any person whose contractinc. l business
.~nsists of the execution of contracts requiring the
experience, financial means, knowledge, and skill to install,
maintain, repair, alter, extend, or when not prohibited b~ law,
design pitrobing. A plumbing contractor may install, maintain,
repair, alter, extend,. or,' vhen not prohibited b~ law, design
the following withoutl obtaining any additional local regulatory
license, certificate, or re~Jistration: sanitary drainage or
storm drainage facilities; venting systems; public or private
water supply systm~ septic tanks; drainage and supply wells;
swimming pool piping; irrigation systems; or solar heatin~
vater systems and all appurtenances, apparatus, or equipment
used In connection therewith, including boilers and pressure
process pipin~ and including the Installation of water, natural
gas (excluding liquid petroleum gases), and storm and sanitary
sewer lines; and water and sewer plants and substations. The
scope of work of the plumbing contractor also includes the
Words ~ are added~ words ~t:==k th::=;h are deleted.
matntananu, r~palr, alteration, or extenslona of air-piping,
vacmm line piping, oxTgen line piping, nitr~s ~ide piping,
}: a~ all rslat~ sedical gas syst~s; fire line standpipes and
~ Zlr~ ~l~lsrs to th~ e~sn~ authorized ~ a~ltcabl~ lav~ ink
a~ chulnl ltnes~ fuel oil and ~asoline pipinq~ exce~
~tora~e plants~ and pnemttc cont=ol piping systns, all
~ch a u~= as to ~ly with all plans, spec1~tcations~
~ss, la~ a~ r~lati~s a~licable. ~e sc~e oZ york
~ pl~l~ contra~o= shall apply to p=lvate pr~e~y and
~lic ~~y, ~hall include any exnvatlon vor~ Incidental
~r~, a~ ~hall includ~ the york o~ the specialt~ pl~bin~
~tra~. Such c~tra~or sha 11 su~ontra~, with a
, ~alifled ~ntra~or in the field concemed, all other work
inolden~l ~ ~e w~k h~ ~ich is spaelf led herein as being
the work of a trade other than tha~ of a pl~bing contractor.
X.t.2.~. J~me~an Ele~rician re. ires
f~ (4) years as an a~entice, a passing gade on a six
" h~ test, a~ means those ~rsons ~alified to ~rfo~ work in
the ele~ri~l trades ~lle ~ployed or supe~ised ~ an
, ele~ri~l ~ntra~.
~ Ele~rical Contra~or re.ires
~enty-f~ (24) ~nths e~rience as a ~ J~m~n
~ with a passing gads on a s~x [61 h~r tes~ and a
passing gads on a e ~o/21 h~r =dn~=~r=~Iv= ~
~ test a~ means a ~rson who conduce ~sinell in the
ele~rical trade field and vho has the e~erience, kn~ledge,
a~ skill to install, repair, alter, add to, or design,
~liance with law, ele~rical wiring, fixtures, appliances,
a~aratus, raceways, conduit. or any part thereof, which
generates, transmits, transform, or u~llizee elec~rical ener~
in any fom, including the electrical installations and systems
wl~in plants and' su~tions, all In ' c~liance with
applicable plans, specifications, c~es, lays, and re~lations.
~e te~ means any ~rson, fi~, or co~oratioD tha~ engages in
the ~sl~ess of electrical contracting under an e~ress or
i~ll~ contra~ or ~at undertakes, offers to undertake,
Words ~ are add~ vords ...... ~ ~ ..... ~ are deleted.
purports to have the capacity to undertake, or submits a bid to
engage An the business of electrical contractingl or that does
itself or by or through others engage in the business of
electrical contracting. The term electrical contractor does
n~ qualify any person, fin or corporation for the
installation of fire alarms which requires a separate state
license.
X.S.3. Specialty Contractor means any person who
assumes responsible charge and direction in the performance of
construction work requiring special skills, and whose principle
contracting business involves the use of specialized building
trades and crafts usually a minor part of a complete structure.
Available categories of Specialty Contractors and their
requiresants are:
X.e.3.X. Acoustical Contractor requires twenty-four
months experience with a passing grade on a see -(X}- two
hour business and law test and means any person who is
qualified to install, maintain, repair, and alter acoustical
materials. The scope of work permitted under this
,classification shall include, but not be limited to, the
installation of 9rid worm used to support acoustical panels,
including luminous ceiling panels.
X.e,3.2o Aluminum Contractor Including Concrete
requires twenty-four '{24) months experience with a passing
9reds on a three (~)'hour test and a vassine ~rade on a two
hour business and law test and means those who are qualified to
fabricate, install, maintain, repair, alter, or extend
accessories such as metal and vinyl siding, awnings, security
shutters, ~utters, solfits and prefabricated rooms and
portable metal or vinyl partitions. These contractors may
form, place on ~rade reinforcing steel and miscellaneous
and pour, place, and finish non-structural concrete ~ncidental
to an aluminum accessory structure only, on 9Tade only.
I.S.~,3. Aluminum Contractor requires
twenty-four (14) months experience with e passing 9reds on a
three (3) hour test and a O~SSin~ erade on a two [2) hour
Words ~ are added; ~ords c~ruck '~ ...... are deleted.
business and lay test and means those who are cA'mall?ted to
fabricate, Install,. matnta~n, repair, alter, or extend
accessories such as'metal and v~nyl siding,'awntngs, security
shutters, gutters, soff~ts and prefabricated rooms, and
portable metal or vinyl partitions.
x.~.3.4. se~h~ ~aem ~
-,--- e '~ Alarm eyetam ,Contra~tqr reqires
twenty-four ~241 months experience with a Dessine ~rade on a
three f31 hour test and a Dassin~ arade on a two ~21 hour
business and law test and means a person whose bus~ness
includes the execution of contract8 re~uirina the ability.
experience. science. knowledge. and skill to 10v out.
fabricate. install. maintain. alter. rC~eir. monitor. inspect,
replace. or service alarm systems for compensation.
{a) Alarm System Contractor I means an
alarm system contractor whose busine§s includes all types of
alarm systems for all purposes.
fb~ Alarm System Contractor II means an
alarm system contractor whose business includes all tyDeS Of
alerat systems other than fire. for all DUrDOSeS.
fC1 Alarm System means any electrical
~/eviceor combination of electrical devices used to detect a
situation vhich causes an alarm in the event of a burdiary.
f~re- robbery. medical emergency. or ecuiDment failure.
{dl Burglar Alarm Contractor means an alarm
system contractor whose business is limited to the i~stellation
Words Mll~ are addedy words et-Fuek~ are deleted.
~f buralar alarms in sinals-familv homes and two-family homes.
mobile h~ss. and nail commercial buildimam havina a s~uare
foetame of not more than 5.000 samare feet.
l.l.3.S. Cabinet Installation Contractor
requires twenty-four (24) months experience with passing grade
on a e~e {:} t~o(2~ hour business and law test and means any
person who is qualified to manufacture, assemble, install,
dismantle, ~aintain, adjust, alter, extend, and design cabinets
and millwork. The scope of permitted work shall include, but
not be limited to. kitchen cabinets, bathroom vanities,
accessory cabinets, counter tops, office furniture, and
millwork items Which have been manufactured for installation on
Job site locations.
Z.I.3.1. Carpentry Contractor, requires
thirty-six (36) months experience with a passing grads on a
three (3) hour test and a Dassino erade on a two f21 hour
business and law test and means those ~ho have the knowledge
and skill to install any wood products in a building including,
but not limited to, rough framing, structural and
Don-structural, trusses, sheathing, paneling, trim and
cabinstry.
1.l.3.7. Garage doors Installation Contractor
requires twelve (12) months experience with a passing grade on
a ere ~:} =wo f21 hour ~usiness and lav test and means any
person vho is qualified to install, repair, adjust or extend
garage doors.
1.l.3.l. Commercial Cooking Equipment Exhaust
Hood Installation Contractor means any person who possesses a
valid license as an Air Conditioning Contractor, Class A or By
a Sheet Metal Contractors or a Mechanical Contractors and who
is qualified to install exhaust hoods, duct work, replacement
air, exhaust fans, and grease filters. If any hood which is to
be installed includes a fire suppression system, the contractor
shall be certified by the Florida State Fire Marshal's office.
1.l.3.9. Concrete Forming and Placing
Contractor requires thirty-six (36) months experience with a
Words ~ are addodS words str~=k '~ ..... ~ are deleted.
passing grads on a three (3) hour test end a 0asslea arade on a
two ~21 hour business and lay test and means those who are
qualified to batch and mix aggregates, cement, and water to
agreed specifications, 'to construct forms and framework for the
casting and shaping of concrete to place miscellaneous embedded
steel and to pour, place, end finish concrete. =~a_fa3Le_q~=X
does not include the plasterled o[ the interior of a DOe1.
1.6.3.10. Concrete Placing and Finishing
Contractor requires thirty-six f36~ months experience with a
passing grade on a three (3) hour test and a Dassiw)a arade on a
two [2~ hour business and law test and means those who are
qualified to pour place and finish concrete flat work (floors,
slab on grade, sidewalks, etc.) including placement of mesh
reinforcement, plastio vapor barriers and edge forms incidental
thereto. This cateaorv does not include the plasterlea of the
interior of a pool.
.. X · t, 3 · 1%, Concrete Contractor (restricted to
" pneumatically placed concrete) requires twenty-four (24) months
experience with a passing grads on a three' (3) hour test anda
~Dassinc ~rade on a two {2~ hour business and law test and means
those who are qualified to use and maintain pressure equipment,
mix material and apply according to building codes.
1. e. 3.12. Decorative Metal Contractor requires
~ twenty-four (24) months experience with a passing grade on a
~ e~e ~".~ two [21 hour business and law test and means those who
are qualified to fabricate and install decorative metal
fixtures$ such work should be decorative in nature and
non-structural in function~ the materials used in the
manufacturing and installation of said products may be of
ferrous or non-ferrous materials.
~!'] 1.6.3,13, Demolition or Wrecking Contractor
requires thirty-Six (36) months experience with a passing grade
on a three (3) hour test and a pass]ha arade on a two ~2) hour
business and law test and means those who are qualified to
demolish structures such as dwellings, commercial buildings,
and foundations and to remove debris. The use of blasting and
066 3]5 ' 1,7 -
Words ~ ere added~ words et~aek~~ are deleted.
explosives is not permitted under this category,
1.6.3.14. Dredging Contractor requires
thirty-six (36) months experience with a passing grade on a
three (3) hour test and a passins arade on a two (21 hour
hurlmess and law test and means any person who is qualified to
operate hydraulic dredging equipment which digs and removes
material by pump and which deposits the pumped material at a
fill location in one operation.
1.6.3.15. Drywall Contractor requires thirty-six
(36) months experience with a passing grade on a three (3] hour
test and a passins arade on a two [2% hour business and law
test and means those who are qualified to install gypsum
drywall products to wood and metal studs, wood and steel
Joists, and metal runners in buildings of unlimited area and
height. The scope of work shall include the preparation of the
surface over which the dryvail product is to be applied,
including the placing of metal studs and runners and all
necessary drywall preparation trim.
I.&.3.1G. Elevator Contractor requires
,forty-eight (48) months experience and a passing grade on a
three (3) hour test and a passins arade on a two (21 hour
business and law test and means those persons who are qualified
to extend, install, inspect, maintain or repair any elevator,
dumbwaiter or escalator, provided that said person has a
Certificate of Competent-/ with the Division of Hotels and
Restaurants of the Department of Business Requlation of the
State of Florida. Any required electrical installation shall
be performed only by a licensed electrical contractor.
1.G~3.17. EpOX7 Stone Contractor requires
twenty-four (24) months experience with a passing grade on a
e~e~-l-~~ hour business and law test and means those who
are qualified to batch and mix aggregates, epoxy, hardener, and
gravel to specifications. To construct forms and framework for
the casting and shaping of epoxy and aggregate. To pour, place
and finish over concrete base.
1.6.3.18. Excavation Contractor requires
Words~ are added7 words e~h-~t~ are deleted.
thiz~cy-six (36) months experience and a passing grade on a
throe (3) hour test and a Dassin~ Qrade' on a two [21 hour
business and lay test and means any person who is qualified
excavate to obtain or remove materials such as rock, g~avel and
san~; to const~ct or excavate canals', lakes and levees,
including the cleaning of land of surface debris and vegetation
as well as the grabbing of rootst and to remove debris and
level surface land incidental and necassar~l thereto in
compliance with all environmental laws, the Building Code, and
other applicable codes and regulations. Minor excavations,
such as footings, backfill without compaction, and similar
activities are exempt hereunder.
~ The use of explosives is not included in this
cstsgozT,
l,l,3,Xg, Fence Erection Contractor requires
twenty-four (24) months experience and a passing grade on a e~e
~) two [21 hour business and lay test and means any person who
is qualified to install, maintain or .repair' fencing
decorative Drefabrlcated walls on grade.
1.l.3,20. Floor Coverings Installation
Contractor requires twenty-four (24) months experience and a
passing g~ade on a e~e ~ two ~21. hour business-and lay test
and means any person who is qualified to install carpet, sheet
vinyl and wood parquet. This catsgel-/does not include,
BarbIt, or terrazzo.
X.6.3.2~o Gasoline Tank and Pump Contractor
requires forty-eight (48) months experience and a passing grade
on a three (3) hour test and a Dassina arade on a two ~2~ hOUr
business and law test and means those who are qualified to
~nsta11, mnintain, repair, alter, or extend any above ground
s~stem used for the storing and dispensing of gasoline,
kerosene, diesel oils and similar liquid h~drocarbon fuels or
mixtures (not to i~clude pollutan~ storage).
1°6.3o22. Glass and Glazing Contractor requires
twenty-four (24) months experience, a passing grade on a three
(3) hour test and a Dassina aTade on a two [2~ hour business
Words ~are added$ words ................ are deleted.
· ~_ZiX_~, and means those who are qualified to select, cut,
assemble, and install all makes and kinds of glass and glass
work, and axecute the glazing frames, panels, sash and door and
holding natal frames, ornamental decorations, mirrors, tub,
shower enclosures, and poz~caSle partitions.
1.1o3.23o Znsulation Contractor.
a. All types except buildings - requires
thirty-six (36) months experience, a passing grade on a three
(3) hour test and a passins crade on a two [21 hour b~sin~ss
~, and means those who are qualified to install,
maintain, repair, alter, or extend any insulation primarily
installed to prevent loss or gain of heat, from internal or
external sources on pipes, vessels, ducts, fire stopping
materisis, or built-up refrigerated boxes or rooms, and
acoustical materials.
b. Buildings - requires twenty-four
months experience, a passing grade on a three (3) hour test and
a two ~21 hour business and law test, and means those who are
qualified to install, maintain, repair, alter, or extend any
~nsulation primarily installed to prevent loss or gain of heat
from rooms or buildings.
1.S.3.24. Irrigation Sprinkler Contractor
requires twenty-four (24) months experience and a passing grade
on a three (3) hour test and a oassina ~rade on a two ~21 hour
business and law test 'and means any person who is qualified to
install, maintain, repair, alter or extend all piping and
sprinkler heads used for irrigation, including any required
connections to a water pump; however, such work does not
include direct connection to potable water lines.
1.6.3.2S. Landscoping Contractor requires twelve
(12) months experience and a passing grade on a e~e~-l-ptwo/2~
hour business and law test and means any person who is
qualified to install or remove trees, shrubs,
stone and rocks. timber and plant materials.
1.6.3.26. Liquefied Petroleum Gas Installation
Contractor means any person qualified and licensed pursuant to
Words ]A~ are added~ vords e~eeek-~ are deleted.
Chapter 527, florida Statutes, to install apparatus, piping and
tubing, and appliances and equipment necessar~ for storing and
converting liquefied petroleum gas into flame for light, heat,
and power.
1.6.3.27. Marine, Seawall, and Dock Construction
Contractor requires thirty-six (36) months experience, a
passing grade on a three (3) hour test ~Dd a Dessine trade on a
two [21 hour business and law test, and means those who are
qualified to build and install bulkheads, rave,men,s, docks,
piers, wharves, groins, ~ and to do pile driving.
1.6.3.28. Masonry Contractor requires thirty-six
(36) months experience, a passing grade on a three (3) hour
test and a nasains a~ade on a two ~21 hour business and
J~ and means those who are qualified to select, cut, and lay
brick and concrete block or any othe= unit masonry products,
lay other baked clay products, rough cut and dress stone,
artificial stone .and precast blocks, glass brick or block, but
who shall not pour or finish concrete.
1.6.3.29. Mobile Home Set-up Contractor requires
~wenty-four (24) months experience, a passing grade on a e~e
~) tvof21hour business and law test, and means those who are
gualified to place,- block and tie dovn mobile ho~es (does not
include electric, plumbing or air conditioning hookups).
NOTZ.. Pursuant to Section 205.193, Florida Statutes, no
Certificate of Competency shall be required of any duly
licensed mobile home dealer or duly licensed mobile home
manufacturer, or any employee thereof, who performs setup
operations as defined in Section 320.822, Florida Statutes, as
amended.
1.6.3.30. Painting Contractor requires
twenty-four (24) months experience, a passing grade on a three
(3) hour test and a Dessine ~rade on a two ~21 hour business
a~ and means those who are qualified to use spraying
equipment as well as hand tools to finish both exterior and
interior work. A painting contractor may do paperhanging,
sandblasting, waterproofing, and may clean and paint roofs.
Words ~ are added~ words e~ are deleted.
.!. 1,1,3,31o Paving Contractor (commercial or
· unlimited) requires thirty-six (36) months experience, a
palling grade on a three (3) hour test and a passins ~rade on a
~ [21 hour business and law test, and means those who are
qualified with the experience and skill to construct roads,
airport runways and aprons, parking lots, sidewalks, curbs and
gutters, storm drainage facilities, and to perform the
~ excavating, clearing, and grading incidental thereto.
1.e.3.32. Plastering andI Stucco Contractor
requires thirty-six (36) months experience, a passing grade on
a three (3) hour test and a passins arade on a~ two [2} hour
business and law test, and means those who are qualified to
coat surfaces with a mixture of sand or other aggregate gypsum
plaster, Portland cement or quicklime and water, or any
combination of such materials such as to create a permanent
surface coating, including lathing and drywall.
does not include the Dlasteri~a o[ the interior of a ~ool,
1.g.3.33o Pollutant Storage Contractor means a
contractor who installs a pollutant storage tank. Said
contractor must have a State Pollutant Storage License. A
County Certificate of Competent7 is not available for this
category.
1.6.3.34. Reinforced Steel Contractor requires
thirty-six (36} months experience, a passing grade on a three
(3) hour test and a passins arade on a two [2) ..hour business
aZl~/~, and means those who are qualified to fabricate,
place, and tie steel reinforcing bars (rods) of any profile,
perimeter, or cross-section, that are or may be used to
reinforce concrete buildings and structures in such a manner
that, under all agreed specifications, steel reinforcing bars
.~ (rods) for concrete buildings and structures can be fabricated,
placed, and tied.
1.6.3.3S° Roof Coating, Roof Painting, and Roof
Cleaning Contractor requires twenty-four (24) months
experience, a passing graded on a e~e (~} two [2} hour business
andlaw test, and means any person who is qualified to clean,
,oo 866 3'20
Words 3AIMitr. IA/12~ are added~ words et-Puek--t~ are deleted.
paint or coat a roof by means of pressure-operated equipment,
hand application or otherwise. This category does not include
roof repair.
1.l.3.36. Sandblasting Contractor requires
twenty-four (24)' months experience, a passing ~rads on a
{i~: t~o/2) hour business and law test, and means any person
~no is qualified to operate a sandblasting machine.
1.6.3.37. Satellite Dish Installation Contractor
requires twenty-four (24) months experience, a passing 9Tade on
a e~e +~ ~ hour business'and lay test and means any
person who is qualified to erect, install, maintain, repair,
alter or design, where not prohibited by law, any satellite
dish provided all work is performed in accordance with
applicable Collier County or City of Naples Ordinances. Xf
installation includes a concrete base, the base shall be
limited in size to two cubic yards of concrete.
I.S.J.38. Sealing and Striping Contractor
requires twenty-four (24) months experience, a passing grade on
a e~e ~,, two (2} hour business and law test, and means those
who are qualified with the experience and skill to seal or
stripe driveways, parking lots, sidewalks, and patios.
1.6.3o39. Septic Tank Contractor requires
twenty-four (24) months experience and a passing grade on a
three (3} hour test and a Dassin~ Grade on s two (2) hour
business and law test and means a contractor whose services ere
unlimited in the septic tank trade and who has the experience,
knowledge, and skill to install, maintain, repair, alter or
design, where not prohibited by law, and use material and items
in the installation and maintenance of all kinds of on-site
sewage disposal systems, septic tanks, drainfields, and aerobic
systems. Appropriate license or registration
the Florida Department of Health and Rehabllitative Services
shall be required for .this category.
1.6.3.40. Non-Electrical Sign Contractor
requires twenty-four (24) months experience, a passing grade on
a e~e #4~ two (2) hour business and law test, and means any
Words l~l~are added; words ............... are deleted.
parson ~ho is qualified to erect, install, repair, altar,
extend or change any non-electrical sign, provided all work is
performed in accordance with applicable Collier County and City
of Naples ordinances.' This category does not include the
construction of free-Standing structural signs.
1.~.3.41 Electrical Sign Contractor requires
twenty-four (24) months experience, a passing ~rads on a three
(3) hour test and a ~assin~ ~rade on a two f2) hour business
· ll~, and means any person'who is qualified to install,
repair, altar, manufacture, add to, or change any electrical
wires, apparatus, raceways, conduit or any part thereof on
electrical slVns and is qualified to erect signs. Such
contractor may contract for, and take out building permits for
the erection of siVns. The electrical service and wiring from
the electrical service to the sign disconnect must be supplied
by a licensed electrical contractor.
X.~.3.42. Solar Heater InStallation Contractor
requires twenty-four (24) months experience, a passing grade on
a three (3) hour test and a Dessine crade on a two f2) hour
~)~lliness and law test, and means those who have the knowledge
to install, alter, repair, or replace any solar hot water
heating system for residences or for residential swimming
pools, including collectors, storage and expansion tanks, heat
exchangers, piping, valves, pumps, sensors and low voltage
controls which connect to existing plumbing stub-outs and
electrical disconnects.
1.6.3.43. Structural Steel Erection Contractor
requires thirty-six (36) months experience, a passing grade on
a three (3) hour test and a Deeein~ arade on a two ~2~ hour
business and law test, and means those who are qualified to
erect structural steel shapes and plates,' including such minor
field fabrication as. may be necessary, of any profile,
perimetar or cross-section, that are or may'be used as
structural members for buildings and' structures, and the
erection o= communication towers, including riveting, welding
Words tL~ZA~JLEf~ are added~ words st~uek--4sheeue~ are deleted.
1.l,3.44. Structure Hoving Contractor means
persons vho are required to be general, building or residential
contractors, and Vho are qualified to lif~ and secure
structures end transport said structures from one site to
another, vhether or not such transport is across public roads,
including the proper placement of structures at a hey location,
1.6.3.45. Tile and Marble Installation
Contractor requires twenty~four (24) months experience, a
passing grade on a three (3) hour test and a passins arade on a
two {2] hour business and law test, and means those persons who
are qualified to set tile and marble.
1,1,3,46, TIle, Marble and Terrazzo,Installation
Contractor requires twenty-foUr (24) months experience, a
passing grids on s three (3) hour test Dnd a passinn aTade on a
two (2~ hour business and law test and means those persons who
are qualified to mix, prepare, and finish terrazzo, prepare the
base, and set tile and marble.
1.6.3.47. Underground Utility and Excavation
Contractor requires forty-eight (4S) months experience, a
pqssing grade on a three (3) hour test ~nd a passing arade on a
two (2) hour business and law test, and means contractors whose
services are limited to the construction, installation, repair,
on public or private property, of main sanitary sewer
collection systems, main water distribution systems, and storm
sewer collection systems, and the continuation of utility lines
from the main systems to a point of terminatio~ up to and
including the meter iocation for the individual occupancy,
sewer collection systems at property line on residential or
single-ocoupancy commercial properties, or on multi-occupancy
properties at manhole or "wye" lateral extended to an invert
elevation as engineered to accommodate future building sewers,
water distribution systems, or storm sewer collection systems
at storm sewer structures. An underground utility contractor
shall not install any piping that is an integral part of a fire
protection system, as defined in Section 633.021(7), Florida
Statutes, buginning at the point where the piping is used
WordsMal~t~aLl/~LV_~are added$ words ~=ru=k thr=u~h are deleted.
exclusively for such system.
1.J.S.4S. Well Drilling Contractor requires
twenty-four (24) months experience, a passing grads on a three
(3) hour test and s Dassin~ orade on a two (2} hour business
· ll~, and means those persons who are qualified to dig,
drill, drive or bore a water well, test well, hydraulic lift
and elevator shaft, and who may install, maintain and repair
pumps in connection therewith. Said contractors must also
possess an applicable license issued by the South Florida Water
Management District.
1.~.3.49. Tree Removal and Trtnsino Contractor
re~utres twelve f121 months experience with a passinu arade on
a two f21 hour business and law test and means those who are
~ualified to trim and remove trees and stumns.
The Board further provides by this
Darticular amendment that tree removal and trimmind contractors
who hold a current and valid Collier County occupational
license in tree services as of the effective date of this
Ordinance shall not be recuired to 'meet the testin~
~tcuirements of this ordinance, Said contractors shall be
recuired to meet all other a~lication and licensing
recuirements of this ordinance. Said exemption from testin~
shall extend from the effective date of this ordinance through
September 30. 1994. The ContractQrs' Licensinc Board shall
have authority to hear and decide any hardship anneals by
contractors who meet the above-mentioned exemption recuirements
but fail to timely aDDIV for said exemption.
i.e.4. Contractor Licensing Supervisor means the
individual who oversees contractor licensing and ~e its
investigations e~ pm~ee~%e eempteA,%e regarding licensed
contractors in Collier County, Florida. This individual holds
office in %he {~emp~ 8e~ 6ee~ e~ the Development
Services Departmenthol the Community Development Services
Division of Collier County Government.
1.i.e. Employee means any person who works for and
Is uRder the supervision and control of a licenses, provided
Words ~ are added; words ....... -- ....... are deleted.
that said employee does not hold himself out for hirs or engage
in contracting except as an employee. For the purposes of this
Ordinance, lndicia of an employment relationship shall include
the employerrs regular payment of wages and compensation,
F.Z.C.A. deductions, tax withholding and provision of Workers'
Compensation to the employee by the employer, all as prescribed
by law.
1,6.6, Person means a human being or a legal
businesse~~.
X.6.7, ~Contractina" means. except as e~emDted In
this Dart. enaauina in business as a contractor and includes.
but is not limited to. oerformance of any of the acts as set
forth in subsection f31 which defi,e types of contractors. The
attemoted sale of =ontractin~ services and the negotiation or
b~d for a contract on these services also constitutes
cc,~tractina. If the services offered reauire licensure or
agent cualification. the off=fins. neaotiation for a bid. or
attempted sale of these services reauires the corresDon~ina
licensure. However. the term 'cohere=tins" shall ~t ewl;end to
~n individual. partnership. corporation. trust. or other.leqal
entity that offers to sell or sells completed reSideDoes on
property on l~hich the individual or business entity has any
leas1 or e~auitable interest. if the services of a ~alified
contractor certified or re,let=red pursuant to the reauirements
of thi! chapter have been or will be retained for the PUrPOSe
Of Gonstructina such residences.
X-l-l, "Business orgagization" means any
RJLCf~rshiD. COr~)OTatiOn. busines~ trust. ~oint ve~tuTe. OT
other leers1 entity which enaaaes or offers to enaace in the
business of contractins or acts as a contractor as defined in
1-6-~- "Financially responsible officer" means a
person other than the primary aualifvina scent who with the
approval o[ the board assumes personal resDonslbilitv for all
financial ~SDeC~CS of the business oraanization.
1.l,10- 'Primary aualifvina =sent" means a person
3z5
dd=truck =hr==gh are deleted.
Words~are a dedy wors
vho t~ssassas ~he recu~s{~e skill. knov]edce. and exnerience.
c~rol ~l co~ra~i~ a~ivi~ies or ~he ~siness oraaniza~i~
wi~h ~ich ha is conne~ ~o has ~hs res~nsibiXi~v
W~ise. direr. sansee. and c~rol cons~m~io, a~ivi~ies
on a ~cb ~ ~ich he has o~ained ~he ~iXdinQ nemi~ and
~ose ~echnical and Hrsona~ ~all~lca~ions haye
de~emin~ ~ iwes~iCa~i~ and examination as ~wided in ~his
Ra~- as a~es~ ~ ~he d~a~en~,
X.g. XX. wSeconda~ ~alirvina acen~~ aeans ~ net;on
~o ~ssesses ~he re~isi~e skill. knwledae. and e~erience.
a~ has ~he re~nsibiliW ~o sune~ise. direr. ~aanaae. and
control c~s~m~ion activities on a ~ob rot ~ich he has
o~ain~ a Hmi~. a~ ~ose ~echnical and nersonal
Fali{lca~ions have ~en da~amined ~ invee~iaa~ion and
exaaina~i~ as Drwided In ~hie oa~
X,7, 5~W~M ~ders.
IZ i~ sh~ld ~ kn~ ~ ~e Con~ra~
~i~ S~is~ h~ a cons~m~ion ~o~e~ a~/or
~a~i~ in ~llier ~y or ~he Cl~y oZ Naples is ~i~
~i~iW S;~is~ or his/her desi~ee~ shall place a
~~ ~der on ~he relwan~ ~ion oZ said ~o~e~ until
such ~iH as a ce~iZi~ contractor ass~es su~ision
~m~ion ~o~e~. ~ unce~i~ied a~ nonex~ pers~
reai~ ~m~ion pri~ ~o ~he rem~al o~ ~ha s~ork
~der ~ ~e ~n~ra~or bicensinV su~isor shall ~ An
violation o~ ~his ~dinance.
I,e, ~rience h;iraen~s.
~ a prer;isi~e ~o, and as a r;iremen~ rot, ~he
isun~ oZ a ~llier C~y/Ci~y o~ Xaples Ce~iZica~a
~en~, an a~lican~ shall suhi~ sa~israc~oFy evidence
e~rience in ~he ~rade Zor vhich he/she desires ce~iEica~lon.
a. ConeraZors~ e~rience shall ~ in e
~/~ ~ha~ Da~i~lar ~rade. vi~ a~ leas~ one
"' '
~ordl ~ are added~ vords -* ...... ~ ..... ~ are deleted.
711 veer of said ex~erisncs beino as a supervisor.
b, Masters' experience shall be as Journeymen,
c, Journeymen's experience shall be as apprentices
~r trainsee, The apprentice Droprams a~Droved. a s of the
effective date of this Ordinance bv the Bureau of
AvDrenticeshiv. Division of Labor. Emolovment and Trainin~ of
the E~2~artment of Labor and Employment Security for Sponsors
within Collier County are hereby incorporated bv reference as
the required apprentice experience in order to sit for the
Journeyaan'V test in those particular trades.
X.S.X. To determine if the applicant possesses the
experience required by this Ordinance, the Contractor Licensing
Board Supervisor or his/her . designee shall consider the
following forms of proof of experience:
a. Affidavits fro~ former employers with
specifics as to the number of years of experience, work
performed and any Other .relevant lnformationy
b. Copies of other certificates of' competency,
if any, held by the applicant in other counties or citiesy
· c. Affidavits from any building director in
locations where the applicant has worked;
d. Affidavits from .any union organization of
which the applicant has been a member relating to the trade for
which the applicant has made applicationy
e. Affidavits from any other source within the
trade applied for.
1.$.2. Education at an accredited school may be
presented to satisfy s portion of the experience requirements
of this Section. Specifically, each full year of school-level
work in the trade for which application is made shall be
credited to the applicant as .75 years experience, but such
credit shall be for no more than one-half of, the total
experience required by this Ordinance.
IIC"TZOII TWOS Part two entitled, Certificates of Competency -
Procedure, shall be amended to read as lollowes
PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE.
-29-
Words ~ are addedy words ........ ~ ..... ~ are deleted.
2,1, applications - General.
2,1.1, ~ny person or.~4~q~ business craanization
desiring to obtain a Certificate of Competency shall make
application ~ for such Certificate and shall submit
such information as Is required by this Ordinance.
2.1,2, Should the applicant be a ~
1~, the application shall be executed by ~he
peee~leR% e~ ~ ~ ee e~e I legally authorized and
~ered re~esentative of ~ =c~ ~ the ~ ~siness
~ ~o shall sh~ his authority to so act on ~he
a~li~tion. In addition, the application shall name a
~alifying agen~ au~orized;to a~ on behalf of the fi~ ~n all
subse~ent ~oceedingl, shying his authority=
a. To act for the rim In all matters and In
any ~nner conne~ed with the contracting ~sinessy and
b. To supe~se the const~ction under ~he
Certificate of C~etenq ~ssued to the applicant.
2.1.3. A ~alifying agent may ~alify no more than
one fl~, pra~cing the same trade, without prior appr~al of
~e Contremors' Licensing Board, and In no event more than
f~ at ~e sue time.
2.1.4. No application shall ~ considered unless
~e a~l~cant supplies all info~ation as retired ~ this
~dinance,
2.X.S. ~e Board of County C~issioners shall
establish and adopt~ ~ Resolution, a schedule' of fees and
charges for applications for Certifica~es of C~peten~,
rentals, late fees and o~her charges, if applicable,
pe~aining to this Ordinance. I~ Is the intent of these
re~lat~ons ~at the County shall not h retired to her any
part of the cost of applications made under this Ordinance.
~e schedule of fees and charges shall be posted In the office
of the C~liance Se~ices Se~ion of the Development SedUces
Depa~nt of the Co~unity Development SedUces Division of
Collier County Gove~ent and the City of Naples Building and
Zoning D~vision, and the resolution establishing such fees
Words~are added~ words ~ are deleted.
shall be on file with the City of Naples Clerk and the Clerk to
the Board. The schedule of fees and charges may be changed in
accordance vith standard rasoZutlon adoption and amendment
procedures of the Board of County Commissioners and repeal or
amendment of the schedule shall not be subject to the procedure
otherwise necessary for amendment of this Ordinance. Current
fees and charges are set forth in Resolution No. 87-108 and
shall remain in effect until said Resolution is amended or
superseded.
2.2, Contractor Application - Individual.
Any person desiring a Certificate of Ccmpetenc~ shall
submit the following information on forms provided by the
Collier County Contractor Licensing Supervisors
2,2.1. Name of applicant. date of bir~h. Social
security eLmbar and driver's license number;
2.2°2° Home addrass and telephone number;
2.2.3. Businase address and telephone numberS. A
contractor is recuired 'to maintain an office in Collier County
or have an aaent in Collier County for ~ur~_oses of racetwine
~otices ~ursuant to this Ordinance.
2.2.4. Name of applicant's business;
2.2.2° Appllcant's proposed contracting business;
2.~.~o If applicable. verification that a~lic~B~
has Drooarlv reaistered under the fictitious name statg~esr
2.2.~. Type of Certificate of Competency for which
application is being made;
2.2.~1- A complete list o~ all outstanding debts
related to the appltcant's contracting business which the
applicant has not paid or refuses to pay a~d a statement of the
reasons for nonpayment;
2.2.2t. Names and telephone numbers of two persons
who will always know the appltcant's whereabouts;
2.2.910. A Statement as to whether the applicant has
ever been convicted of a crime related to contracting;
~.2.%4Jut- Applicant's business or work experience
d.ri.g th. p..t t.. y.ar., 66,, S29
Words Mild are added; ~ords ...... "'~ ...... are deleted,
2.Z.&~Jdl. Any formal training in the area of
competency for which application is made;
2.2.%2Ja. In addition Co the aforementioned
infection, the a~licant shall attach or su~lt the foll~lng
lnfcmtion:
a. A credit report compiled by a .ationa11~
rec~ized ~edit agen~ that reflects the financial
responsibility of ~e a~licant~
b. Affidavi~s as to the applicant's honesty,
lntegity, g~ ~siness re~tation and competence in the trade
catego~ for ~ich application for a Collier County/City of
Naples Ce~lficate of C~peten~ has been made. Said
sfZldavits shall be In sublten~lally the fo~ issued by the
Collier C~nty Contra~or Licensing Superleer or his/her
desi~ee7
c. Scores ~ the examLna~lon a~licable to ~he
license a~lied Zor, including the area of c~peten~ tested,
the date o~ testing and ~e place o~ testing. Said examination
shall have hen administered by a testing agen~ recognized and
~pproved throughout the S~te o~ Florida as provided rot in
Se~ion 2.6 oZ this ~dinanco.
2.3. Contractor Applications - ~ ~ ~ ~
~ Business Oraanizatioq2.
l~ the a~licant presses to engage in contracting as a
pa~nership, coloration,' ~siness t~st, or other legal
entity, the applicant shall apply through a ~lirying agent
and c~ply with all requirements and responsibilities con~ained
In Seaions 489.119 and 489.1195, Florida Statutes.
~y ~ ~ ~ ~ ~ ~ business
~desir~ng~~ ~e~~
a Ce~i[icate of ComDeten~ in Collier Count~ shall submit the
fo11~ing info~ation on foms provided by the Collier County
Contractor Licensing Supe~isor.
2.~.1. ~ Business oraanization namey
2.3.2. Business address and telephon~ numberS. A
~si~ess orcanization must have an of[ice In Collier County or
330 -
Words ~ ars added~ ~ords e~ are deleted.
hays an sasnt in Collier C~untv for ~ur~oses of receivin-
notices ~ursuant to this Ordinancl,
2,3,3. Qualifying agent;
2.3.4. Proposed contracting business;
2.3.S. Type of fh.-~':/:.~1=y';
Certificate of Competency for~fhich application
2.3.1. Names and addresses of all partners'
directors and officers;
2.3.7. Where applicable, a copy of a certificate of
Incorporation or proof of recorded fictitious name;
2.3.8. A list of all contracting businesses owned
by the ~ business oruanization during the last five
years;
2.3.9. A credit report from a nationally recognized
credit agency If the ~ business oraanizatl~R has been
in existence for more than one (1) year~. If the business
oT~anization has been in e~lstence for less than one (1) year.
a credit report on every business or~anization in vhich
ADDlicant/Oualifier was an auent ts re~uired. If neither of
~e above is applicable a personal credit report on t~
aDDl~cant/~ual[fier is recru~Te~.
2.3.10. A complete 1let of all outstanding debts
related to the .s__,_,__~a~..,_ business or~anization'e
oontraotlng business which the ~ business
~ hal not pald or refuses to pay and a statement of
the reasons for nonpayment;
2.3.11. The signature of an authorized officer of
the ~ business or~anizetton;
2.3.12. Quellfief tnformations
e. The name of the qualifying agent and date of
birth;
b.' The name of the ~ business
~ to be qualified;
c. Type of CertLflcate of Competency for which
application 13 made;
d. The home address of the qualifying agent;
Words ~/l~l.~13~ere added/words e~ruok-4~ are deleted.
e. The names and telephone numbers of two
persons ~so will always kno~ the qualifying agent's
whereabouts7
f. Scores on any approved examination]
including the area of competency tested, the date of testing
aml the place of testing]
g. Affidavits as to the
honesty, ~ntegr~ty, good business reputation and competence
the trade category for which application for a Collier
County/City of Naples Certificate of Competency has been madeS
h. A statement as to whether the qualifying
agent has ever been convicted of a crime related to
contractlng~
i. A complete list of all outstanding debts
related to the qualifying agent's contracting business which
the qualifying agent has not paid or refuses to pay and a
statement of the reasons for nonpaymentS
J. A statement of the qualifying agent's
business and work experience during the previous five yearsS
k. A statement of any formal training possessed
by the qualifying agent in the trade category for which
application is made for a competency cards
1. Proof that the qualifying agent is legally
qualified to act for the business ~
all matters connected with its contracting business and that
said qualifying agent has the authority to supervise
construction undertaken by such business 'organization. Proof
that a ~ualifvina aaent is leaally. O~alified tO act for the
business oraaniza~Aon includes. but is not limited to.
authority to sian checks for the business oraanization.
trainins and supervision of employees. hitins and firinc of
emPloYeeS Or other aCtions indicatina active involvement in the
business o~aanization.
2.4. Master or Journeyman Applications.
a. The name of the applicant and dat~ of birth~
b. Home address and telephone number;
,0- SSZ
Words ~are addedl words stru:k ~hr::gh are deleted.
~ c. Business address and telephone numbery
d. Type of Certificate of Competency for ~hich
. application is being made/
e. The' names and telephone numbers of two persons
who will always know the applicant's whereabouts7
f. Scores on any approved examination, including the
area of competency tested, the date of testing and the place of
tasting. Yrior to takina the tests reauired by this OrdinanceL
an a~licant ~ust provide verification that he or she has
c~s~lied with the experience recuirements.
g. A statement of the applicant's business or york
experience during the past ten yearsy
h. A statement of any formal training in the trade
categories for vhich application is made for a competency card.
2.2. Standards for the Issuance or Denial of a
Certificate of Competency.
2,2,1, Contractors.
The Contractor Licensing Supervisor or his/her designee,
shall issue a Certificate of Competency to the applicant if it
a~pears, on the face of the application, as submitted by the
applicant, that:
a. The application Is complete In accordance
with the requlrrsentS of this Ordinance;
~ b, The applicant possesses the experience
~ required by Sections 1.6 and 1,8 of thle Ordlnance7
c, The credit report submitted tndtcatee no
facts and circumstances which shova failure to pay contracting
related bells promptly7
d. The aDolicant or aualifier meets the
reauirements for financial responsibility set forth in Rules
.' 61G4-15.005 and 61G4-15.006. Florida Admintstra~_~Oj~__~2
~hev may be amended from time to time:
g~. The applicant meets one of the follovlng
crlterln:
~. 1) The applicant has taken and passed an
, examination approved and recognized throughout the State of
Words IL~ are added7 words ............... are deleted.
Florida, as provided for in section 2.6 o£ this Ordinance, for
the srss of cospstsncy for Vhich application has been made# or
2) The applicant meets all licensing
requirmnt$ provided for by this OrdinanceAT-ee
m~atcll!tc Dl=h In:tallat!=n
~=lcct=I;:l
el. All required affidavits have been
~. All required fees have been pald~
?h., The applicant possesses a current Collier
County occupational license; and
hi. The applicant or the qualifying agent is at
least 18 years of age.
2.i.e. Referral of Application to' Contractors'
~icensing Board for Decision.
If it does not appear ~n t~e face of the application
that the applicant has complied with the requirements of this
Ordinance so as to be eligible for a Certificate of Competency,
then the Contractor Licensing Supervisor ma~ ~ refer the
application to the Contractors' Licensing Board for a decision
regarding approval or denial of the application.
Words~l~euT/3~are added~ words e~~ are deleted.
i.l.i. When an application is referred to the
Contractors' Licensing Board, the Board shall take testimony
from the applicant and shall consider other relevant evidence
regarding whether the application meets the requirements of
thil Ordinance. Upon the evidence presented b~ the applicant
and the Contractor Licensing Supervisor, the Contractors'
Licensing Board shall determine whether the applicant is
qualified or unqualified for the trade in which application has
been made. Findings of fact and conclusions of law regarding
the approval or denial of the application shall be made by the
Contractors' Licensing Board.
2.5.3.1. Xf. the Contractors' Licensing Board
determines that an applicant is qualified for a particular t~pe
of Certificate of Competency, a competency card shall be issued
by the Contractor Licensing Supervisor or his/her dssignes.
2.S.4. Additional Requirements.
In addition'to the foregoing requirements, each applicant
shall submit the foliowing information as a prerequisite to the
issuance of a Collier County competenc~ card:
, 2.5.4.1. The applicant's state registration
number or a statement that the applicant has made application
for a state registration number (anyone not required to have a
state registration number b~ Chapter 489, Florida Statutes, is
exempted from this Subsection);
2.S.4.2. The applicants' Individual or
firu_':/=n~1~y'= business oraanlzation's Unlted States Internal
Revenue Tax number;
2.5.4.3. Proof of insurance as required by
Section 2.8 of this Ordinance;
2.5.4.4. A statement that the applicant has or
will comply with'all Workers' Compensation laws of the State of
Florlda prior to .contracting in the Clty of Naples and in
Collier County;
2.5.4.5. Where applicable, a statement that the
applicant has registered his fictitious name with the Florida
Pa _ _
Words~are added; words ee~u~~ are deleted.
required by Section 865.09, Florida Statutes;
2.S.4.1. When a Certificate of Competenc~ is
issued in the name of a business organization ee %e ere
el~e'e%&fi~ Mfidee, · ~Le4s~4sSeue name, the certificate shall be in
the name of the ~~vl~lua~ business oraanization and
the name of the bee4~eee ~ ev ~4e4~bSe~e ~aee
oualifvin~ acent shall be noted thereon. The requirements of
this Section shall be deemed to be a portion of the application
and any false statement made by an applicant as to information
required by this. Section shall be grounds for discipline as
provided for in PART FOUR of this Ordinance.
2. e · Approved Examiners.
The approved examiners for the purpose of
administering proctored exams as required by this Ordinance are
Block and Associates, 5700 S.W. 34 St. / 1303,. Gainesvilla,
Florida 32608 and any other testing agent7 with comparable
tasting standards recognized and approved throughout the State
of Florida and also approved by the Collier County Contractors'
Licensing Board.
2.7. Examinations.
A minimum passing grade of 75% shall be required on
all examinations. Examinations shall be specific to the trade
category for which application for a Cer~ificate of Competenc7
has been made. Said examinations shall be proctored and graded
by a testing agency meeting all the requirements of Section 2.6
of this Ordinance.
2.l. Insurance.
All licensed contractors shall maintain liability
and other categories of insurance, as recruited by Florida law,
at all times. Such insurance shall be with an insurance
company authorized to do business in the State of Florida. The
miniImam limits of liability insurance required shall be not
less than $100,000 for bodily injury and $25,000 for property
damage or any higher m~nimums as required by Florida lay. All
licensed contractors shall maintain applicable Workers'
Compensation insurance as required by Florida la~.
Words tt~.~j~are added; words =tr=ck ~hr==g~ are deleted.
2.to Znsctive Status.
2.l.1.. Xny. person or firm that holds a valid
Collier County/City of Naples Certificate, of competency may
place the Certificate of Competency on inactive status during
which time said person or fin/entity shall not engage in
contracting but may retain the certificate on an inactive basis
provided that timely paysant is made of an annual renewal fee
as sa~ forth in Section 2.1.S of this Ordinance and applicable
resolutions enacted by the Collier County Board of County
Cmissioners.
2.1.2. Persons or fir=_c/cn~i~Ic= business
2:g21A~tisJ~ desiring to renew an inactive certificate may do
so by complying vith the requirements of Section 1.4 of this
Ordinance relating to renewals.
2.XO. Restricted Certificates of Competency.
The Contractors' .Licensing Board may issue a Certificate
of Competency to an applicant for a certificate in'a particular
trade which is restricted to certain aspects of that trade
where the applicant has satisfactorily demonstrated to the
.majority of said Board that the applicant is qualified under
this Ordinance in those certain aspects of that trade.
2.XX. Emergency Restricted Certificates of Competency.
In the event of a declaration of a state of emergency in
Collier County by the Collier County Board of County
Commissioners or in the City of Naples by the Naples City
Council, in which substantial damage has occurred to buildings
and structures so as to cause a shortage of available persons
and fArms/entities in the contracting trades for which there
are Collier County/City of Naples Certificates of Competency,
the Contractors' Licensing IBoard is hereby authorized to:
2,11,1. Declare an emerqency contracting trade
shortage of designated categories o~ contractors and/or
sub-contractors listed in this Ordinance. This declaration
shall be for a period o~ the not to exceed six (6) months.
2.11.2. Authorize the Contractor Licensing
Supervisor to prepare and regulate the selection of contractors
Words ~ are added~ vords s~h are deleted.
aM/or sub-contractors from other ~urlsdictions whose licensing
requirements are substantially comparable to those licensed in
Collier County, The contractors selected must be licensed in
~urisdlctions whose tasting and licensing requirements hays
been prsdetarmlned by the Contractors' Licensing Board to be
substantially c~sparabls to the Collier County rsquirsments,
2o12 The County will provide active field supervision
within the City of Naples of licensed and unlicensed activity
through its investigation and citation authority,
2,12,1 The County shall be responsible for issuing
licenses in accordance with this Ordinance to authorize
contrsctors to work within ths geographic boundaries of County
sad the City of Naples, The County shall collect the fees for
those contractors llcsnssd to work within the County sad City
of Maples,
2oils All contractors vho o~erate in Collier County shall
maintain ces~lets financial and business records for the
i--(diatslv ~recedina 3 veers at their licensed ~lace of
business. The business and financial records to be maintained
fhall include minutes of corporate meetinas. business contacts.
telephone records. insurance ~olicies. letters of complaint.
notices received fr~s aovernment entitles. bank statementaL
canceled checks.' records of accounts receivable and ~avable.
financial statements~ loan doctrments. tax returns. employee
records and all Other business and financial records the
contractor maintains in the course or business. The contractor
shall alloy the Contractina Licensina Supervisor. or his
desianee. access to all documents referenced inthis section
u~on demand and durina normal business hours. Copies of any
documents requested by the Contractor Licensina Supervisor. or
his desianee shall be ~rovided by the Contractor u~on ~avment
of reasonable reproduction costs. which shall not exceed the
Contractor's actual reproduction costs. by the ContracttiE
Licensina Supervisor or his desinnee.
SIC'flOSS ~,Zls )srt ~hres entitled, Ths Contractors' ~icsnsing
Boardm shall bs amended to read
~ords~are addedl vords ~t-P~ek-~d~-ee~-h are deletedo
PART THREE= THE CONTRACTORS' LICENSING BOARD.
S.1. Cowposition.
3.1.1. There is hereby created .the* Contractors'
Licensing Board for Collier County, Florida. The Contractors'
Lic'~nsing Board shall be composed of nine (9] members Who shall
be appointed by the Board of County Commissioners. A minimum
of two (2) of these members shall reside within the corporate
city limits of Naples or shall be recommended to the Board of
County Commissioners by the Naples City Council. The Board of
County Commissioners mey also appoint alternate members as it
deems appropriate. The nine (9) members of the Contractors'
Licensing Board shall consist of a licensed architect, a
licensed general contractor, a licensed engineer, a licensed
electrical contractor, a licensed plumbing contractor, a
licensed mechanical contractor, a licensed roofing contractor,
a licensed residentisI or building contractor and a licensed
representative from , one of the other specialty trades or
professions requiring a Certificate of Competency as provided
in this Ordinance. This Section is merely directory and
f, ailure to have a member of each of these trades shall not be
grounds for voiding any action of the Board. All members of
the Contractors' Licensing Board shall be permanent residents
and electors of Collier County and shall serve without
compensation. Members lay be reimbursed for such travel,
mileage and per diem expenses as may be authorized, In advance,
by the Collier County Board of County Commissioners.
] · l · 2 · The members of the Contractors ' Licensing
Board shn11 be as presently constituted and shall continue
until the expiration of their terms as set forth in Collier
County Resolutions No. 89-171 and No. 90-98. Subsequent
appointment of members shall be as follows:
a. Three (3) members appointed for a term of
one (1) year.
b. Three (3) members appointed for a term of
two (2) years.
c. Three (3) members appointed for a term of
-41-
Words ~ are added~ ~ords .~ are deleted.
I three (3) years.
~ A£ter initial appointments, all appointments shall be made
for a ten of three (3) years. A member may be reappointed by
the Collier County Board of County Commissioners in accordance
vit~ Collier County Ordinance No. 86-41, as it ~ay be amended
i! from time to time.
3ol.]o A member of the Contractors' Licensinq
· Board say be removed from office for any cause by a majority
vote of the Collier County Board of County Commissioners.
any member falls to' attend two of three successive board
meetings without a satisfactor~ excuse and vithout prior
approval of the chairperson of the Contractors' Licensing
Boardr the Contractors~ Licensing Board shall request that the
Collier County Board of C~unty -Commissioners declare the
sewber~s office vacant and promptly fill the vacancy°
].1o4o Any vacancy occurring during the unexpired
ten of office of any member of the Contractorst Licensinq
Board shall be filled by the Board of County Commissioners. An
~- appoint~ent to fill a vacancy shall be for the remainder of the
~ upsxpirad ten of
]°2° Internal Operatin~ Procedures.
3°~°1° The Contractors' Licensing Board shall
elect a chairperson and vice chairperson from its membership.
3,2,2, .Meetings,
3,2,2,~, The Contractors~'Liceneing Board shell
hold at least four meetings per year.
3o2,2°2, Upon the request of the Contractor
Llcenslnq Supervisor~ or his designee, or at such other times
as say be necessary~ the chairperson of the Contractors'
Licensir~J Board (and, in his absence, the vice chairperson
in the vice chairperson'e absence, the temporar~ chairperson
elected by majority vote of the members of the Contractors'
Licensing Board) say call hearings of the Contractors'
Licensing Board. Hearings say also be called by vritten notice
signed by at least three (3) members of thQ Contractors·
~..~
L~censlng Board. At any hearin~ the CentFactors# Licen~ln~
Word° ~ are added; v~rds oE~ue~-~ are deleted.
~. Board Bay set a future. hearing date. Hinutes shall be kept of
.~ all seetinqs and hearings and all meetings and proceedings
shall be open to the public, ·
3,2,2sJe Five s embers shall constitute a quorum
for any meeting, and a majority vote of those present shall be
required to Bake any decision.
~; 3.2,2,4. The Collier County Board of County
Commissioners shall provide such clerical and administrative
personnel and legal services as may be reasonably required
the Contractors' Licensing Board for the proper performance of
Its duties.
3.2.2.S. The County Attorney, or hie designee,
shall either be counsel for the Contractors' Licensing Board or
shall represent the County by presenting cases before the
Contractors' Licensing. Board, but in no case shall the County
Attorney or his designee serve in beth capacities for the same
case or at the same
3.3. Duties and Powers of the Contractors' Licensing
~ Board.
3.3.1. Upon reference by the Contractor Licensing
Supervisor or petition b~ an applicant, the Board shall have
the power to determine the qualifications of applicants for the
various categories of contractors' Certificates of Competency
as measured by standards stated in this Ordinance.
3.3.2. The Board shall have the power to hold
hearings to determine if a contractor or a Journeyman
possessing a Collier County/City of Naples Certificate of
Competency, or a State certified contractor doing business in
Collier County, s. hould. be disciplined pursuant to Part Four of
this Ordinance. It; shall be the duty of the Contractor
Licensing Supervisor to initiate disciplinary proceedings. No
Belaber of the Contractors' Licensing Board shall have the power
to initiate disciplinar~ proceedings tn his/her capacity as a
member of the Contractors' Licensing Board.
30303, The Contractors' Licensing Br.~ard shall have
the power to adopt such policies, rules and regulations as it
Words lllk~Ltt~are added; words =truoh ~hr==;h are deleted.
deems necessary to carry out the duties of the Board
accordance with the provisions and Latent of thls Ord/nance.
Said policies, rules and regulations, when and if reduced to
wrt!:~ng, shall be filed with the Clerk to the Board of the
Collier County Board of County Commissioners.
]o3.4. The Contractors' Licensing Board shall
further have the power to:
a. Hold hearings;
b. Take testimony under oath;
c. Adopt rules and regulations for the conduct of its
hearings;
d. Discipline contractors or Journeymen holding Collier
County/City of Naples Certificates of Competenc~ or State
certified contractors doing business in Collier County or the
City of Naples pursuant to Part Four of this Ordinance;
e. Issue decisions, fi,dings of fact, conclusions of
law, impose disciplinary sanctions, and issue orders to carry
out the provisions of this Ordinance.
3.3.5. The Contractors' Licensing Board shall also
h~ve all other powers granted to said Board by Florida law.
3.3.$. The Contractors' Licensina Board shall have
the D~wer to make recommendations to the Board of County
Commission reaardina amendments to this Ordinance and shall
review amendments to the Ordinance DrOPBead by County staff.
IBCTIOM FO~T~I Part Four entitled, Standards of Conduot and
Discipline, shall be amended to read as followsl
PART FOUR= STANDARDS OF CONDUCT AND DISCIPLINE.
4.1. Mtsconductv - Collier County/City of Naples
Certificate of Competency
The following actions by a ~=t= ~-~ee~ee4 ee~ e~ e
holder of a Collier County/City of Naples Certificate of
Competency shall constitute misconduct and grounds for
discipline pursuant to Section 4.~ of this Ordinance:
4.1.1. Knowingly combining or conspiring with an
unitceased contractor by allowing one's C~mrtificate of
Competency to be .used .by an ~ZT~V9~Zcontractor with intent
.
-44-
Words ~ are added; words ~ruck thr=ugh are deleted.
to evade the provisions of this Ordinance. When a licensed
contractor acts as the qualifying agent for any 'fir, without
£1r,tlaking application under this Ordinanc, to reprs,ent ,aid
~ firm, such act shall constitute prima facie evidence of intent
to ~Tada the provisions of this Ordinance. When a certificate
holder allows his ~cartificata to be used by -one or more
companie, without having any active participation in the
~:' operations, management# and control of such companies, such act
~' constitutes prime facie evidence of an intent to evade the
provisions of this Ordinance. Active participation requires
~ob site supervision, knowledge of and participation in the
business operations of the company(s), including all
~ contractual matters.
(; 4.1.l.lo If any individual qualifying any
business organization. ceases to be affiliated with such
business organization, he shall so inform the Board. Zn
addition if such individual is the only certified individual
affiliated with the business organization, the business
organization shall notify the Board of the individual's
~ermination and shall have no more than sixty (60) days from
the date of termination of the individual's affiliation with
the business organization in which to affiliate with another
person certified under the provisions of this article. In any
event, the business organization shall not enter into any new
contracts and may not engage in any new contracting until such
time as a qualifying agent is employed.
4.1°2. Contracting to do any work outside of the
scope of his/her competency as listed on hie/her competency
card and as defined in this Ordinance or as restricted by the
Contractors' Licensing Board.
4.1.3. Abandoning a construction pro~ect in which
he/she is engaged or under contract as a contractor. A pro~ect
lay be ee~det-~! Presumed abandoned after ninety (90)
absence of a contractor, unless said absence is otherwise
provided £or in the construction contract.
4°1.4. Diverting funds or property received for
Words ~ are Iddedl wrds _-'.r;;~ t~;~;~.. are deleted.
the execution of s specific contract project or operation or
dlvsrtinq funds samrked for a specified purpose to any other
use whatsoever,
4,1,S, D~parting from or disregarding in any
material respect the plans or specifications of a construction
Job without the consent of the owner or his duly authorized
representative.
4.I.e.' Substantially disregarding or violating, in
the performance of his contracting business in Collier County,
any of the building, safety, health, insurance or Workers'
Compensation laws of the State of Florida or ordinances of this
County.
4.1.7. Falsifying,or misrepresenting any material
fact in his application and supporting papers for the purpose
of obtaining a Certificate of Competency under this Ordinance.
4.1.2. Committing mismanagement or misconduct in
the practice of contracting that causes financial harm to a
ousttsar. Financial mismanagement or misconduct includes, but
is not limited to, any of the following:
, 4.1.2.1. The contractor fails to fulfill
his/her contractual obligations to a customer because of
inability, refusal or neglect to pay all creditors for material
furnished or work or Services performed in the operation of the
business for which he/she is licensed, under any of the
following circumstances=
e. Valid liens have been recorded against
the property of a contractor's customer for ~upplies or
services ordered b~ the contractor for the oustomer'e Job; the
contractor has received funds from the ouutomer to pay for the
supplies or services; and the contractor has not had the liens
removed from the property, by payment or by bond, within 30
days after the date of such liens;
b. The contractor has abandoned a
customer's Job and the percentage of completion is less than
the percentage of the total contract 'price paid to the
contractor as of the time of abandonment, unless the contractor
-- r166,,, 344
Words llll~L~are added; words s~r==k ~hr:=~h are deleted.
is entitle4 to retain such funds under the terms of the
contract o~ refunds the excess funds viibin 30 days after the
date the Job is abandoned;
c. The contractor's Job has been
completed, and it is sheen that the oustcheer has had to pay
lore for the contracted Job than the original contract; price,
as adjusted for subs~lusnt change orders, unless such increase
in cost was the result of circumstances beyond the control of
the contractor, yam the result of circumstances caused by the
customer, or vas othervise permitted by the terms of the
contract between the contractor and the customer.
4.~.e. Performing any act which assists a person
or entity in engaging in the l~,ohibited unlicsnsed practice of
contracting, if the licensed contractor knovs or should have
knovn that the person or entity vas unlicensad.
4.1.X0. Failing to promptly correct faulty
vork~anship or promptly replace faulty materials installed
contrary to the provisions of the construction contract.
4.1.11. Failure to maintain at all times, vith an
i~surance ccnapany authorized to do business in the State of
Florida, the limits of liability and other categories of
insurance as required by this Ordinance.
4.1.12. Failins to claim or Rlsfusing to accept
certified mail directed to the contractor by the Contractors'
Licensing Board, or its designms.
4o1.13. Failing to maintain a currant mailing
address.
4.1.14. Failing to appear in person or through a
duly authorized representative at any scheduled hearing on a
complaint filed against the contractor.
4.1.15. Being convicted or found ~uilty,
regardless of adjudication, of a crime In Collier County which
directly relates to the practice of contracting or the ability
to practice contracting.
1.1.16. Allowing another to take a qualifying
examination on the appllcant's behalf.
,o. 345 -'
Words 1~ are added; words ............... are deleted.
4.1.17. Engaging in contracting business in
Collier County or the City of Naples when prohibited from doing
so by the Contractors' Licensing Board of Collier County.
4o1.11o Proceeding on any ~ob without obtaining
applicable penits or inspections from the City of ~aples
Building and Zoning Division/Collier County Building
Departsent.
4.1.19. Failing in any material respect to comply
with the provisions of this Ordinance as a contractor or as a
qualifying agent for a business entity engaging in contracting.
4.1.20. Bi~ning a statement with respect to a
pro~act or contract falsely indicating that the work is bunded~
falsely indicating that pay~en~ has been made for subcontracted
work, labor, or materials which results in a financial loss to
the ovner, purchaser, or contractor~ or falsely indicating that
Workers# Co~pensation and public liability insurance are
provided.
4.1.21. Failure of a qualifying agent for a
firs/l~al business entity to comply with the requirements set
(orth in Sections 489.119 and 489.1195, Florida Statutes.
4.1.2'2. Falsifying or misrepresenting any
material fact to another person with the intent or for the
purpose of engaging in the contracting business, providing
materials or services, or soliciting business for an employer,
am a contractor, or as an esployee, regardless of any financial
consideration.
4.1.23. Failina or refusin~ to ~rovids ~roof of
Dublic liability and ~ro~erty damaae insurance coveteae and
VOrkers compensation insurance coverage.
4,2 MisCO~duc~b - State Certified Contractors
The foliowine actions by State Certified Contractors shall
constitute misconduct and arounds for disci~line pursuant to
Section 4.3 of this Ordinance.
4.2.1. Failina or refusin~ to ~rovide ~roof of
_~ublic liability and oro~ert~ damaae insurance coverac~ and
Vorkers compensation'insurance coveraae.
Words ~ are added~ words ............... are deleted.
4,2,2. Willfully violatime the a~licabls
~uildina codes or lays of the state. City of flaplee or Collier
"' 4.2.3° If the Board ~tnds thr~ the ~bltc
heari~ ~ess that the c~tra~or was r~nd ~iltv in another
c~tv ~ ~iciualitv within the ~ast twelve f121 months. o~
fraud ~ a willful ~ildin~ c~e violation and ~inds that such
~faud ~ violation is fraud or a violation i~ c~itted
Colli~ C~v or the Ci~ of
4.2.4. ~aud.
4.2t. Discipli~ ~eedinqs.
4.21.1. ~s Contractor Licsnsin~ Sups~isor, or
his desires, My initiate dl~clplins~ pr~sedlngs against a
ll~ns~ ~tra~ f~ violations of this ~dinancs ~
s ~ ~lalnt vi~ the Clerk to the Collier C~nty Board
~ty ~lssioners.
4-~t.2- ~ ~rson who ~lievss ~at a ~ntra~or
..L
· ,' holdi~ a ~ift~ of ~ten~ has vlolatg ~is ~di~ncs
My ~lt a ~ ~laint to the Contra~or Licensing
2.~ls~, ~ his/her desires. ~e ~laint shll h
~~tially ~s f~ ~ss~ihd ~ the Contremor Licensing
5u~ls~. ~s c~lal~nt shall pay a fee of $50.00, to
defray ~s ~sts of a~inls~rtnq the c~lalnt, at ~s tt~
flli~ the ~lsint. ~s ~latning pa~y shall s~ts with
~l~larlty ~lch seaion(s) o~ this ~dlnancs he or she
hli,ss ~s hen violat~ ~ the contremor a~ the essential
fs~s in ~~ ~ersof.
4.21.3. ~n ~s suhtssion of a ~o~ c~laint,
the ~tra~or Licsnsi~ Su~isor, or his/her dSsiqnee, shsll
~u~ a prsliml~ Investigation and deterins ~sthsr
~laint s~ltted wadants the Etlinq o~ foml charges.
~rgss are ~an~, ~s Contra~or Llcs~ing ~e~ls~, or
his/her desires, shll file the complaint with the Clerk to
~s ~lll~ ~ty ~ard oE County C~issloners and shall
se~, ~ ~iflsd ~il, rstu~ receipt redsstY, a letter to
~e li~ ~ntra~or at his ~ ~ ~ addtees, ~
Words ~ are addS; ~rds s~~ are deleted.
a~licabls the local aaentfs address. as sho~n by the records
of the Contractors~ Licensing Board, enclosing a copy of the
complaint and indi~i~:
a, ~s ~ss o~ the c~lainan~
b, ~s ~(s) o~ the c~ission o~ the
a11~ o~fs~s (s) ~
c. ~s se~ion(s) o~ this O~dinanes alleged
to ~ve ~sn violat~
d. ~e ra~s o~ discipZina~ san~ions ~lch
My h l~s~ ~n a~ ~a~or, pursuant to this ~dinancs
~ ~s ~ntra~s~. Llcensi~ Board in the event said Board
Zl~s a violation o~ ~ls ~dinancs to hays oc~sd~
s. ~s dats~ time and place at ~ich the
~tra~r shall s~ar hf~s the Contremors~ Licsnsin~ Board
f~ a h~rl~ r~ardl~ the c~laint. ~s date scheduled shall
not h ~ner ~n ~snty (20) days fr~ ~s maili~ date oZ
~s ce~ifi~ lst~r.
4.S~.3.~. ~e notice of hearing retired ~ ~is
Seaion My, in ~s aZte~tive, h acc~lished ' ~ ha~
d~Zivs~ of said notice to ~e contremor ~ ~s Contremor
Licsnsl~ ~lsor, or his/her designaa, or ~ leaving said
noti~ at ~e contra~'s ~ usual place of residence
vl~ sm ~rson o~ his/her Zaaily over ~5 years o~ age and
ln~o~l~ ~ch ~rson of ~s contents o~ the notice.
4.e~.3.~. ~ ~ As an atts~ativs to
provldl~ notice as set fo~h a~ve, a~ the option o~ the
Contremor Licsnsi~ hpe~isor~ notice may ~ fuJished to the
contra~or ~ ~Zl~tion as foll~s:
a. ~ch notice shall h ~blished once
d~l~ sa~ reek for four ( 4 ) conse~ivs yeaks ( f~r
~li~tions ~ing ~icient) in a n~spaper of general
cir~lation In Collier County. ~e nevspaper shall seat such
r~lrusnts as are pres~ihd under Chapter 50, Florida
8~tutss, for l~al and o~flcial advertisements~
b. ~oo~ o~ publication shall ~ made as
provided in Sections 50.04 ~ and 50. 051 ~ ' Florida S~atutes.
Wor~ ~ are add~I ~rds .............. ~ 8re dele~ed.
Notice by publication may run concurrently with, or may follow
an attempt or attempts to provide notice by hand delivery or by
mail as required by this Section.
4.9~.3.3. Xlthouah not re~uired to orove that
Dotice was provided. ~vidence that an attempt has been made to
hand deliver or mail notice as provided in this Section,
together with proof of publication as provided in Subsection
4.91.3.2, shall be sufficient to show that the notice of
hearing requirements of this Section have been met, viehour
regard to whether or not the alleged violator actually received
such notice.
4.2t.4. Conduct of hearing.
4.ej.4.%. A hear%ng shall be held concerning the
complaint and it shall be open to the publiC.
4.e~.4.2. The proceedings 'at the hearing shall
be recorded and may be transcribed at the expense of the party
requesting the transcript. Any party may have a court reporter
present at the hearing at hisSher own expense. Neither Collier
County nor the Contractors' Licensing Board shall be
r~sponsible for amy failure of recording equipment during the
conduct of the hearing.
4.el.4.J. Each case before the Contractors'
Licensing Board shall be presented by the County Attorney, an
Assistant County Attorney, or by a member of the County staff.
4.2~.4.4. Assuming proper notice of the hearing
has been provided to the contractor as -provided in Section
4.91.3 of this OrdinanCe, a hearing may proceed in the absence
of the contractor.
4.~.4.S. The Contractors'.Licensing Board shall
proceed to hear the cases on the agenda for that day. All
testimony shall be under oath and shall be recorded. The
Contractors' Licensing Board shall hear testimony from the
Contractor Licensing Supervisor, or his/her designee, from the
contractor alleged to be in violation of this Ordinance, and
from such other witnesses as may be called by ~he re~pective
parties.
Words l~l~L~al~ are added] words s~ruc~ ~hrcugh are deleted.
4.el.4.J. Fozloal rules of evidence shall not
apply, but fundamental fairness and due process shall be
observed and shall govern the proceedings. Irrelevant,
immaterial or cumulative evidence shall be excludedy but all
otht~ evidence of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs shall be
admissible, whether or not such evidence would be admissible in
a trial in the courts of the State of Florida. Hearsay
evidence may be used for the purpose of supplementing or
explaining any evidence but shall not be sufficient, by
to support a finding unless such hearsay would be admissible
over ob~ection in civil actions in court. The rules of
privilege shall be effective to the same extent that they are
nov or hereafter may be recognized in civil actions.
4.et.4.7. Any member of the Contractors'
.Licensing Board may question any witness before the Board.
Each party to the proceedings shall have the right to call and
examine witnesses~ to introduce exhibits~ to cross-examine
witnesses; to impeach any witness regardless of which party
called the witness to testify and to rebut any evidence
presented against'the party.
4.et-4;I. The chairperson or, in his/her
absence, the vice chairperson, shall have all powers necessary
to conduct the proceedings at the hearing in a full, fair and
impartial manner and to preserve order and decorum.
4.et.4.e. At the conclusion of the hearing, the
Contractors' Licensing Board shall issue findings of fact based
on evidence of record and conclusions of law~ impose
disciplinary sanctions, if warranted; and shall issue whatever
order is necessary and proper to dispose of the complaint in
accordance with this Ordinance and Florida law. Said findings
of fact, conclusions of law, disciplinary sanctions, if any,
and any related order shall constitute the decision of the
Contractors' Licensing Board on the case heard before the
Board. '0" G66" 350
4.2t-4.X0. The decision of the'Contractors'
-52-
Words~ are added~ words eL~ue~ are deleted.
Licensing Board shall be stated orally at the hearing and shall
be reduced towfiring and mailed to the parties within 15 days
after the hearing. The findings of fact and conclusions of
law, disciplinar~ sanctions, if any, and any related order
shall be made by motion approved by a majority of the members
of the Contractors' Licensing Board who are present and voting.
The decision of the Board shall be effective upon being stated
orally at the hearing, unless the Board orders otherwise. The
decision of the Board shall be filed with the Clerk to the
Collier County Board of County Commissioners promptly after
said decision is reduced towfiring.
4.et.4.11. Should the Contractors' Licensing
Board be unable to issue a decision immediately following any
hearing because of qUestions of law or other matters of such
nature that a decision cannot be immediately made, the Board
may withhold issuing its decision until a subsequent meeting.
In such case, further discussion of the pending matter and all
deliberations relating thereto by 'members of the Contractors'
Licensing Board shall take place only at a public meeting of
the Board. The Board shall thereafter issue its decision
pursuant to Suboections 4..1.4.9 and 4.~1.4.10 of this
Ordinance.
4.et.S. Disciplinary Sanctions. .
4.I1.S.X. Holders of Collier County/City of
Naples Certificates of Competency. If, after hearing, the
Contractors' Licensing Board finds that there has been
misconduct by a Contractor, within the meaning of Section 4.1
of this Ordinance,' said Board may, but shall not be required
to, impose any of the'following enumerated sanctions, alone or
in combination:
a. Revocation of a Collier County/City
of Naples Certificate of Competency~
b. Suspension of a Collier County/City
of Naples Certificate of Competency;
c. Denial of the issuance or renewal of
a Collier County/City of Naples Certificate of Competencyy
Words la~tgX/Ja121are added~ words st-~ue~are deleted.
d. A period of probation of reasonable
lsnQth, no{: to exceed two years, during which the contractor~s
contracting activities shall be under the supervision of the
Corrt..ractors~ Licensing Boardt and/or participation In a duly
accredited program of continuing education directly related to
the contractor's contracting activities.' I Any period of
probation or continuing education program ordered by the
Contractorst Licensing Board may be revoked for cause by said
Board at a hearing noticed to consider said purpose. The
contents of said notice shall be substantially as provided for
in Section 4.~.3 of this Ordinance. Service of said notice
shall be as provided in Sections 4.~1.3 and 4.~1.3.1 of this
Ordinance. Evidence that either of these methods of service
have been utilized shall be sufficient to show that the notice
of haarin~ requirements of this Section have been met, without
regard to whether or not the alleged violator actually received
noticey
e. Restitution~
f. x fi.e .or to axceed $ ,ooo;
, ~g. Apublic reprimand~
h. Re-examination requiremant~
i. Denial of the issuance of Collier
County or City of Naples building permits or requiring the
issuance of parmits~with specific conditions~
~. ReasOnable iq~esti~ative and leaal
costs rot the ~rosecution o~ the violation.
4.21.2o2o Holders of State of Florida
Certificates of Competency.
a. If, a~ter hearing, the Contractors'
Licensing Board finds that there has been misconduct by a State
certified contractor, within the meaning of Section 4.&l of
this Ordinance, said Board ~y deny the- issuance oE Collier
County/City of Naples. building permits or require the issuance
of permits with specific conditions.
WordsRll~ are added~ words =tr';=~ ~=:=~ are daIeted.
~ e ~n ~ ~ ~otification of and inforsation
concerning such permit denial shall be submitted tO the Florida
Department of ~ Professional' Requlation vithin 15
days after the Contractors' Licensing Board decides to deny the
permit.
4.et~S.3. When imposing any disciplinary
sanction on a contractor or a person holding a Certificate of
Ccspetenc~ or a state certi£1ed contractor ~ho has been found
~o have violated this Ordinance, the Contractors' Licensing
Board shall consider all the evidence presented at the hearing
as yell asz
a. The ;ravity of the violation;
b. The impact of the violation on the
public health, welfare or safety;
C- Xny actions taken by the violator to
correct the violation;
d. Any previous violations cmmsitted by
the violator;
e. Any other evidence presented at the
hearing by the parties relevant as to the sanction which is
appropriate £or the case given the nature of the violation and
the violator.
4.2t.5.4. Any disciplinary sanctions imposed by
the Contractors# Licensing Board shall be effective upon being
stated orally at the hearing unless the Board orders othervise,
Words ~ are added; words et~ek--bh~eegb are deleted.
all in accordance vlth Section 4,.a3.4,10 o£ this Ordinance,
.J, 4,3,S-S- Zn addition to any a~lon the
:. _Ccmtractorst ticensin_e Board lay take aaainst the individual's
/ or business or~_anization's local license. and any fine the
ContYactors # Licerio in~ Board mav tmDoSS.. the Contractors '
ticenstll_~ Board shall 'issue a re~omme,dCd oenalty for the State
; Construction Industry Licensin~ Board or if the action involves
an electrical contractor or an alarm contractor. the State
].'lectrical Contractors' ticensinQ Board action. This
reco~sended ~enaltv aav include a recommendation for Eo further
action. or a recommendation for suspension. revocation. or
restriction of the resistration. or a fine to be levied b~ the
Construction Zndustrv ticsheine Board or ZlsC~ricat
COntractors' r~lcensina Board. or a combination thereof. The
Contractors' I. icsnsin~ Board body shall inform the disciplined
contraCtor and the complainant of the local license penalty
im~Dsed. the DenaltV reckamended. his riahts to avveal. and the
consequences should he decide not to avveal. The Contractors'
Licensin~ Board ' shall. u~on hayinn reached ad~udication
J.~ediatelv inform the Construction Industry ttcensinq Board or
· lectrical Contractorst ticensinu Board of its action and the
~ecommsnded board Denall;~fs
IECTIOI FZVII ~art Five ~ntitled, Xs-heszJn~ and Xppeals of
Decisions o£ the Contractorst L!censinq Board,
shall be amended as. follovss
PART FIVZ ~ RZ-HFARING AND APPEALS OF DECISION5 OF THZ
CONTRACTORSf LICENSING BOARD.
5.1. Rehearlng.
2.1.1. Ths contractor found to be in violation of
this Ordinance may request a rshsartnq of any decision of ths
Contractors' Licensing Board. A request for rsheartnq shall be
lade In Frtttnq and shall be filed with the Clerk to the
Collier County Board of County Commissioners, and served on any
other parties, within tventy (20) days from the date of mailing
of the Board's Vrttten decision under Section 4.~3.4.'.~.C2 and
4.~3.4.10 of this ordinance. A request for rsheartng shall be
based only on the ground that the decision yes ,:ontrary to the
-56-
Words ~ are addedX words st~uek-~heem/h are deleted.
evidence or that t, he hearing' ,involved an error on s ruling of
law which yam fundmetal to the decision of the Contractors'
licensing Board. The written request for rehsaring shall
specify the precise reasons therefor. The decision of the
Contractors# Licensing Board which is the subject of the
rahearing request shall rexsin in effect throughout the
rehearing procedure unless the Contractors' Licensing Board
orders otherwise.
S.1.2. The Contractors' Licensing Board shall make
a determination as to whether or not to rehear the matter and
its decision shall be made at a public meeting, reduced to
writing and mailed to. the interested parties within 10 days
after the decision is wade. If the ContractorS' Licensing
Board determines it will grant a rehearing, it mayx
a. Schedule a hearing where the parties will
be given the opportunity of presenting evidence or argument
limited by the the Contractors' Licensing Board to the specific
reasons for which the rehearlng was gran. ted~ or
b. ]~odlfy or reverse its prior decision,
w.ithout receiving further evidence, providing that the change
is based on a finding that the prior decision of the
Contractors ' Licensing Board resulted from a ruling on a
question of law which the Board has been lnfolmed by its
counsel yam an erroneous ruling.
2.2. Appeals.
2.2.1o . The contractor found to be in violation of
this Ordinance way appeal a decision of the · Contractors'
Licensing Board to the Collier County Circuit Court. Such an
appeal shall not be a hearing de novo but shall be limited to
appellate review of the record created before the Contractors'
Licensing Board. Any appeal shall be filed with the Circuit
Court and served on the parties within thirty (30) days of the
mailing of the decision of the Board under Sections 4.~3.4.9
end 4 .~3.4.10 of this Ordinance. I f there has been a
re-hearing request, the appeal shall be filed wLth the Clrouit
Court and served on the parties within thirty (30) days of the
Words ~ are added~ words ..... ~ '~ .... ~ are deleted.
xailing of the re-hearing decision under Section 5.1.2 of this
Ordinance.
2,2.2, In the event that the contractor found to
be in violation of this Ordinance should elect to appeal, a
verbxtim record and transcript of the proceedings shall be
necessary. It shall be the sole responsibility of said party
to ensure that a record is made form which a transcript may be
prepared which includes the testimony upon which an appeal may
be taken. Neither Collier County nor the Contractors'
Licensing Board shall have any responsibility to provide a
verbatim record transcript of the proceedings.
IF, CTZ01I Ills Conflict and I~verability.
In the event this Ordinance conflicts with any other
ordinance of the City of Naples or Collier County or other
applicable law, the more restrictive shall apply. If any
phrase or portion of this 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
re~aining portion.
SECTION lEVIIf: Xffeo~ive Date.
This Ordinance shall become effective upon receipt of
notice free the Seore~ary of State that this Ordinance has been
filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this r~r day of
~,. 1994.
DWIGHT E, BROCK,'Clerk BOARD OF COUNTY COMMISSIONERS
..; OF COLLIER CC , FLORIDA
Approved as to form and. 7Ns oreSnonce flied with the
~ I re 0 O o ef
legal; sufficiency: ~ e~o: t Of
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STAT~ Or FLORXDA )
COUNTY OF COLLIgR )
Z, DWIGHT g.'BROCK, Clerk of-Courts in and for the
Twentieth Judicial CIrcuit, Collier County, Florida, do
hereby certify that the foregoing Is a true copy
Ordinance No. 94-34
which was adopted by the Board of County Commissioners on
the 28th day of 3une, 1994, durlng Regular Session.
WITNESS my hand and the official seal of the Board of
County Couissioners of Collier County. Florida. this 29th
day of June. 1994.
DWIGHT X. BROCK
· ~ ~-offlclo to Board of.; '-
County Commission s ' '
/s/Haureen ,nyon, , -.*; .'
~eputy Clerk ' *