Ordinance 2002-21ORDINANCE NO. 2002- 2 ~.
AN ORDINANCE AMENDING COLLIER COUNTY 5, AS
AMENDED, THE COLLIER COUNTY CONTRACTt ;OARD
ORDINANCE; AMENDING SECTION 1.3.1 OWNER-BUILD] ~
OR IMPROVING COMMERCIAL BUILDING AT A COST D EXCEED
$25,000.00; AMENDING SECTION 1.6.2.1 TO ALLOW FOR THE PLACEMENT OF
FIRE SAFING AND FIRE PROOFING MATERIALS BY SHEET METAL
CONTRACTORS; AMENDING SECTION 1.6.2.3 TO ALLOW FOR THE
PLACEMENT OF FIRE SAFING AND FIRE PROOFING MATERIALS BY
MECHANICAL CONTRACTORS; AMENDING SECTION 1.6.2.4 TO ALLOW FOR
THE PLACEMENT OF FIRE SAFING AND FIRE PROOFING MATERIALS BY
CLASS A AIR CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2.5 TO
ALLOW FOR THE PLACEMENT OF FIRE SAFING AND FIRE PROOFING
MATERIALS BY CLASS B AIR CONDITIONING CONTRACTORS; AMENDING
SECTION 1.6.2.6 TO ALLOW FOR THE PLACEMENT OF FIRE SAFING AND FIRE
PROOFING MATERIALS BY CLASS C AIR CONDITIONING CONTRACTORS;
AMENDING SECTIONS 1.6.2.7, 1.6.2.8 AND 1.6.2.9 TO REFLECT THE LANGUAGE
OF SECTION 489.105, FLORIDA STATUTES; AMENDING SECTION 1.6.2.11 TO
ALLOW FOR THE PLACEMENT OF FIRE SAFING AND FIRE PROOFING
MATERIALS BY PLUMBING CONTRACTORS; AMENDING SECTION 1.6.2.12 TO
ALLOW FOR THE PLACEMENT OF FIRE SAFING AND FIRE PROOFING
MATERIALS BY ELECTRICAL CONTRACTORS; AMENDING SECTION 1.6.3.2 TO
CLARIFY LANGUAGE FOR ALUMINUM CONTRACTORS INCLUDING
CONCRETE; AMENDING SECTION 1.6.3.6 TO ALLOW FOR THE PLACEMENT OF
FIRE SAFING AND FIRE PROOFING MATERIALS BY CARPENTRY
CONTRACTORS; AMENDING SECTION 1.6.3.15 TO INCLUDE THE PLACEMENT
OF FIRE SAFING AND FIRE STOPPING MATERIALS AS PART OF THE OVERALL
CONTRACT BY DRYWALL CONTRACTORS; ADDING PREVIOUSLY
"RESERVED" SECTION 1.6.3.16 - NOW ENTITLED "HURRICANE SHUTTER/
AWNING INSTALLATION CONTRACTOR"; AMENDING SECTION 1.6.3.22 TO
ALLOW FOR THE INSTALLATION OF HURRICANE SHUTTERS OR DEVICES
THAT ARE INTEGRAL WITH THE WINDOW SYSTEM BY GLASS AND GLAZING
CONTRACTORS; AMENDING SECTION 1.6.3.25 TO ALLOW THE PLACEMENT OF
CONCRETE PAVING UNITS FOR SIDEWALKS, PATIOS AND DECKS ONLY FOR
LANDSCAPE CONTRACTORS; AMENDING SECTION 1.6.3.26 TO ALLOW FOR
THE PLACEMENT OF FIRE SAFING AND FIRE PROOFING MATERIALS BY
LIQUIFIED PETROLEUM GAS INSTALLATION CONTRACTORS; AMENDING
SECTION 1.6.3.32 TO CLARIFY LANGUAGE FOR PLASTERING AND STUCCO
CONTRACTORS; AMENDING SECTION 1.6.3.38 TO ALLOW FOR ASHPHALT
PATCHING INCIDENTAL TO SEALING FOR SEALING AND STRIPING
CONTRACTORS; AMENDING SECTION 1.6.3.45 TO ALLOW FOR INSTALLING
STONE BY TILE AND MARBLE INSTALLATION CONTRACTORS; AMENDING
SECTION 1.6.3.46 TO ALLOW FOR INSTALLING STONE FOR TILE, MARBLE AND
TERRAZZO INSTALLATION CONTRACTORS; DELETING SECTION 1.6.9;
RENUMBERING AND AMENDING SECTION 1.6.10; RENUMBERING SECTION
1.6.11; AMENDING SECTION 2.8 TO REQUIRE CERTAIN INSURANCE
COVERAGES IF APPLICABLE; CORRECTING SECTIONS 3.3.4, 4.3.1, 4.3.3 AND
5.2.2; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE. ._
WHEREAS, certain provisions of this Ordinance are being amend~ed :at ih~
discretion of the Board of County Commissions upon recommendations from ~ffi area
contractors and the general public. ~
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF (~J~N~Y
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
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SECTION ONE: ORDINANCE NO. 90-105, AS AMENDED, IS HEREBY AMENDED
AS FOLLOWS:
PART ONE: CERTIFICATES OF COMPETENCY REQUIRED.
1.1. 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 a contractor
or subcontractor for any of the trades listed in Section 1.6 of this Ordinance, within the
unincorporated area of Collier County and the incorporated area within the boundaries of the City
of Naples and within the City of Marco Island, without having first made application for and
having been issued a current and valid Collier County/City Certificate of Competency or an
applicable State Certified License. Nothing herein shall be construed to mean that there cannot
be employees in a trade who are not qualified or certified within the definitions herein set forth if
such employees are employed by a licensed contractor who exercises supervision and control
over said employees. Indicia of an employment relationship shall include the employer's regular
payment of wages and compensation, FICA deductions, tax withholding and provision of
Workers' Compensation to the employees, all as prescribed by law.
1.2. Building Permits.
1.2.1. No building permit shall be issued for the construction, alteration, or repair of any
structure unless the applicant for the permit possesses a current Collier County/City Certificate
of Competency, an applicable State Certified License, or is exempt from the operation of this
Ordinance.
1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to use
said permit with the intent to aid or abet an unlicensed contractor to perform the permitted
construction, alteration, or repair. Such conduct shall be punishable as a violation of this
Ordinance and the permit and inspection shall be considered invalid for that portion of the
construction related to the violation.
1.3. Exemptions.
1.3.1. Owner-Builders. The provisions of this Ordinance shall not apply to Oowners of
property when acting as their own contractor and providing all material supervision themselves,
when building or improving farm outbuildings or one-family or two-family residences or
building or improving commercial buildings at a cost not to exceed $25,000, on such property for
the occupancy or use of such owners and not offered for sale or lease. In all actions brought
under Section 1.1 of this Ordinance, proof of the sale or lease, or offering for sale or lease, of a
structure by the owner-builder within 12 months after issuance of a Certificate of Occupancy is
prima facie evidence that the construction was undertaken for purposes of sale or lease. This
does not exempt any person who is employed by such owner and who acts in the capacity of a
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contractor. This exemption does not apply to any type of commercial building. To qualify for
exemption under this Subs,ection, an owner must personally appear and sign the building permit
application. An owner-builder will be issued a maximum of one (1) owner-builder permit for
the construction of a one-family or two-family home in any three (3) year period. An
owner-builder applying for or receiving more than one Building Permit for the construction of a
one-family or two-family home in any three (3) year period shall be prima facie evidence of
building/contracting without a license which is a violation of this ordinance.
1.3.2. Public Works. The provisions of this Ordinance shall not apply to: any
construction, alteration, improvement, or repair carried on within the limits of any site the title to
which is in the United States or with respect to which federal law supersedes this Ordinance; or
to an authorized employee of the United States, this State, or any municipality, county, or other
political subdivision if the employee does not hold himself out for hire or otherwise engage in
contracting except in accordance with his employment.
1.3.3. Persons Holding Current State Certified Certificates of Competency. Any person
holding a current State of Florida Certified Certificate of Competency is exempt from obtaining a
Collier County/City Certificate of Competency for that trade for which he/she is certified by the
State, unless a local license is also required. Such person is required to possess a current
occupational license issued by the Tax Collector of Collier County, and his/her performance as a
contractor shall be subject to all other requirements of this Ordinance not in conflict with
applicable Florida law.
Renewal of Certificates of Competency.
Certificates of Competency shall expire annually at midnight on September 30th
1.4.
1.4.1.
of each year.
1.4.2.
The Contractor Licensing Supervisor shall direct the mailing of renewal notices to
all licensed contractors at least one month prior to the expiration date of the licenses.
1.4.3. Applicants for renewal must present the Contractor Licensing Supervisor or
his/her designee with the following:
A. Evidence of insurance as required by this Ordinance.
B. A current Collier County and/or City occupational license, as applicable.
1.4.4. Any individual or business organization failing to renew his or its Certificate of
Competency prior to midnight on September 30th of each year shall have until midnight
December 31st of the same year to renew his or its Certificate of Competency, provided however,
that in addition to payment of the standard renewal fee as required by this Ordinance, the
applicant shall be charged a late fee in accordance with the schedule of fees and charges adopted
by resolution pursuant to Section 2.1.5 of this Ordinance.
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1.4.5. Should September 30th or December 31st be a Saturday, Sunday, or legal holiday,
the renewal period shall no[ expire until midnight of the next working day.
1.4.6. Any individual failing to renew his Certificate of Competency prior to December
31st shall be required to make reapplication pursuant to Part Two of this Ordinance.
1.4.7 Any individual who fails to renew his/her Certificate of Competency prior to
December 31 of the year in which it expires shall have a delinquent Certificate of Competency.
1.4.8 Any individual who renews his/her Certificate of Competency by September 30 of
the year following its expiration, but after December 31 of that year, shall have a suspended
Certificate and thereby must pay an additional late fee in_accordance with the schedule of fees
and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must reapply in_full
including updated credit reports and all other documentation required in Section 2 herein, but no
re-testing shall be required.
1.4.9. Any individual who fails to renew his/her Certificate of Competency prior to
December 31 of the year following its expiration shall thereby automatically have a Certificate of
Competency that is null and void. To acquire a valid Certificate from the County the individual
must pay the then applicable full application fee in accordance with the schedule of fees and
charges adopted by Resolution pursuant to Section 2.1.5 herein, and must submit an entire new
application. If, as of the date of receipt by the County of said new application, three (3) years
have passed since the date of his/her most recent examination that the individual passed to
acquire the former Certificate, that individual must pass all then applicable testing requirements.
If the request is to reactivate a dormant certificate, the re-testing requirement can be waived by
staff if the applicant proves that he/she has been active in the trade in another jurisdiction, or has
been active as an inspector or investigator in the trade, or for other valid reason that would render
such re-testing superfluous.
1.5. Contractors' Identification Required on all 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 qualifier's Certificate of Competency Number and the "Doing
Business As" Name on all advertising mediums used by the contractor, including but not limited
to, contracts, brochures, business cards and vehicles 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.
1.6. Definitions and Contractor Qualifications.
1.6.1. 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 himself or by others, any or all of the following
construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or
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structure, including related improvements to real estate, for others, or for resale to others, as
hereinafter defined in Secti,ons 1.6.1 through 1.6.3 of this Ordinance.
1.6.1.1. General Contractor requires forty-eight (48) months experience with a passing
grade on a six (6) hour test and a two (2) hour business and law test and means a contractor
whose services are unlimited as to the type of work which he/she may do, except as provided in
this Ordinance or in the Florida Statutes.
NOTE: Also see Sect. 1.6.2.
1.6.1.2. Building Contractor requires forty-eight (48) months experience with a passing
grade on a six (6) hour test and a two (2) hour business and law test and means a contractor
whose services are limited to construction of commercial buildings and single-dwelling or
multiple-dwelling residential buildings, which commercial 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 of any size building if the services do
not affect the structural members of the building. NOTE: Also see Sect. 1.6.2.
1.6.1.3. Residential Contractor requires forty-eight (48) months experience with a
passing grade on a six (6) hour test and a two (2) hour business and law test and means a
contractor whose services are limited to construction, remodeling, repair, or improvement of
one-family, two-family, or three-family residences not exceeding two stories in height and
accessory use structures in connection therewith.
NOTE: Also see Sect. 1.6.2.
1.6.1.4. Contractor qualifications for practice and restrictions. A general, building,
or residential contractor shall not be required to subcontract the installation, or repair made under
warranty, of wood shingles, wood shakes, asphalt or fiberglass shingle roofing materials on a
new building of his own construction. Further, a general contractor on new site development
work, site redevelopment work, mobile home parks, and commercial properties, shall not be
required to subcontract 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 utility lines from the mains,
and the continuations are to be considered a part of the main sewer 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 himself/herself to be a roofing
contractor unless he/she is certified or registered as a roofing contractor.
1.6.1.5. A general, building, or residential contractor, except as otherwise provided in
this part, shall be responsible for any construction or alteration of a structural component of a
building or structure, and any certified general contractor or certified underground utility and
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excavation contractor may perform clearing and grubbing, grading, excavation, and other site
work for any construction, project in the state. Any certified building contractor or certified
residential contractor may perform clearing and grubbing, grading, excavation, and other site
work for any construction project in this state, limited to the lot on which any specific building is
located.
1.6.1.6. A general contractor shall not be required to subcontract structural swimming
pool work.
1.6.2. Subcontracting; Subcontractors. A contractor shall subcontract the electrical,
mechanical, plumbing, roofing, sheet metal, 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 category, as
required by the appropriate local authority.
1.6.2.1. Sheet Metal Contractor requires twenty-four (24) months experience and a
passing grade on a three (3) hour test and a passing grade on a two (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 necessary for the manufacture, fabrication, assembling,
handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration,
repair, servicing, 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
limited to, fiberglass, used in lieu thereof and of air-handling systems including the setting of
air-handling equipment and reinforcement of same and including the balancing of air-handling
systems and any duct cleaning and equipment sanitizing which requires at least a partial
disassembly of the system. This definition and qualifications does not include roofing.
Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor
penetrations created within the scope of the work allowed by this section.
1.6.2.2. Roofing Contractor requires thirty-six (36) months experience, a passing grade
on a three (3) hour test and a passing grade on a two (2) hour business and law test and means
any person whose services are unlimited in the roofing trade and who has the experience,
knowledge, and skill to install, 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 Contractor requires forty-eight (48) months experience as a licensed
Journeyman or equivalent, a passing grade on a six (6) hour test and a passing grade on a two (2)
hour business and law test and means any person whose services are unlimited in the execution
of contracts requiting the experience, knowledge, and skill to install, maintain, repair, fabricate,
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alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration,
heating, and ventilating sys_,tems, 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 complete an
air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and
piping, and all appurtenances, apparatus, or equipment used in connection therewith; and any
duct cleaning and equipment sanitizing which requires at least a partial disassembly of the
system; and to install, maintain, repair, fabricate, alter, extend, or design, when 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 of an existing
electrical disconnect switch; 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 gas fuel lines within buildings,
potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and
filters, or electrical power wiring. Placement of fire safing and fire stopping materials shall be
permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by
this section.
1.6.2.4. Class A Air Conditioning Contractor requires thirty-six (36) months experience
as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing
grade on a two (2) hour business and law test and means any person whose services are unlimited
in the execution of contracts requiring the experience, knowledge, and skill to install, maintain,
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 such duct work is performed by the contractor as is necessary
to make complete an air distribution system, boiler and unfired pressure vessel systems and all
appurtenances, apparatus, or equipment used in connection therewith; and any duct cleaning and
equipment sanitizing which requires at least a partial disassembly of the system; to install,
maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation
of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to
disconnect or reconnect power wiring and low voltage heating, ventilating, and air conditioning
control wiring on the load side of an existing electrical disconnect switch; 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
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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, swimming pool piping and filters, or electrical power
wiring on the line side of the disconnect switch. Placement of fire sating and fire stopping;
materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the
work allowed by this section.
1.6.2.5. Class B Air Conditioning Contractor requires thirty-six (36) months experience
as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing
grade on a two (2) hour business and law test and means any person whose services are limited to
twenty-five (25) tons of cooling and five hundred thousand (500,000) BTU of heating in any one
system in the execution of contracts requiring the experience, knowledge, and skill to install,
maintain, 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 such duct work is performed by the contractor as is
necessary to make complete an air distribution system being installed under this classification;
and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of
the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by
law, piping and insulation of pipes, vessels, and ducts; to disconnect or reconnect power wiring
and low voltage heating, ventilating, and air conditioning control wiring on the load side of an
existing electrical disconnect switch; 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, hut 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, swimming
pool piping and filters, or electrical power wiring on the line side of the disconnect switch.
Placement of fire sating and fire stopping materials shall be permitted on wall, ceiling and floor
penetrations created within the scope of the work allowed by this section.
1.6.2.6. Class C Air Conditioning Contractor requires twenty-four (24) months
experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and
a passing grade on a two (2) hour business and law test and means any person whose business is
limited to the servicing of air conditioning, heating, or refrigeration systems, including duct
alterations in connection with those systems he/she is servicing, which may include duct cleaning
and equipment sanitizing which requires at least a partial disassembly of the system. Placement
of fire sating and tire stopping materials shall be permitted, on wail, ceiling and floor penetrations
created within the scope of the work allowed by this section.
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1.6.2.6.1. Journeyman Air Conditioning License Holder requires four (4) years as
apprentice, a passing grade, on a six (6) hour test, and means those qualified to perform work in
the Air Conditioning Trade while employed or supervised by an air conditioning or mechanical
contractor. This provision does not apply to any individual who then holds a valid, active
journeyman's license in the mechanical trade and that license was issued by any Florida County
or Florida Municipality when that licensee complied with all reciprocity criteria of Section
489.1455, Florida Statutes.
1.6.2.7. Commercial Pool/Spa Contractor requires thirty-six (36) months experience with
a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law
test and means .............
o: ...... , ~ ......................... ; .........................a contFactor w ose sco wot
involves, but is not limited to, the construction, repot, and servicing of any swimming pool, or
hot tub or spa, whether public, p~vate, or otherwise, reg~dless of use. The scope of work
includes the installation, rep~r, or replacement of existing equipment, any cleaning or equipment
sanitizing which requires at least a p~ial disassembling, excluding filter changes, and the
install·non of new pool/spa equipment, inte~or finishes, the installation of package pool heaters,
the installation of all pe~meter piping and filter piping, and the const~ction of equipment rooms
or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa
servicing con,actor. The scope of such work does not include direct connections to a sanit~y
sewer system or to potable water lines. The installation, const~ction, modification, or
replacement of equipment pe~anently attached to and associated with the pool or spa for the
pu~ose of water treatment or cleaning of the pool or spa requires licensure; however, the usage
of such equipment for the pu~oses of water treatment or cleaning shall not require licensure
unless the usage involves const~ction, modification, or replacement of such equipment. Water
~eatment that does not require such equipment does not require a license. In addition, a license
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shall not be required for the cleaning of the pool or spa in any way that does not affect the
structural integrity of the pool or spa or its associated equipment.
1.6.2.8. Residential Pool/Spa Contractor requires twenty-four (24) months experience
with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test and means
scope of work involves, but is not limited to, the construction, repair, and servicing of any
residential swim~ng pool, or hot tub or spa, reg~d]ess of use. The scope of work includes the
installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing
which requires at least a pa~ial disassembling, excluding filter changes, and the installation of
new pool/spa equipment, interior finishes, the installation of package pool heaters, the
installation of all perimeter piping and filter piping, and the construction of equipment rooms or
housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa
servicing contractor. The scope of such work does not include direct connections to a sanitary
sewer system or to potable water lines. The installation, construction, modification, or
replacement of equipment pe~anently attached to and associated with the pool or spa for the
pu~ose of water treatment or cleaning of the pool or spa requires licensure; however, the usage
of such equipment for the pu~oses of water treatment or cleaning shall not require licensure
unless the usage involves construction, modification, or replacement of such equipment. Water
treatment that does not require such equipment does not require a license. In addition, a license
shall not be required for the cleaning of the pool or spa in any way that does not affect the
structural inte~ty of the pool or spa or its associated equipment.
1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contractor requires twenty-four
(24) months experience with a passing grade on a two (2) hour business and law test and means
any person whose scope of work is limited to the construction of non-recreational ponds,
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Words ~* .... "''~ ..... ~
............. ~,, are deleted; words underlined are added.
waterfalls and/or fountains. However, the scope of such work does not include direct
connections to a sanitary se, wer system, potable water lines, or to any electrical installation.
1.6.2.9. Swimming Pool/Spa Servicing/Repair Contractor requires 24 months experience
with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test and means an)
................. pas! heaters, a contractor whose scope of work involves, but is not
limited to, the repair and servicing of any swimming pool, or hot tub or spa, whether public or
private, or othe~ise, reg~dless of use. The scope of work includes the repair or replacement of
existing equipment, any cleaning or equipment sanitizing which requires at least a partial
disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior
refinishing, the reinstallation or addition of pool heaters, the roper or replacement of all
perimeter piping and filter piping, the repair of equipment rooms or housing for pool/spa
equipment, and the substantial or complete draining of a swimming pool, or hot tub or spa, for
the pu~ose of any rep~r or renovation. The scope of such work does not include direct
connections to a sanit~ sewer system or to potable water lines. The installation, construction,
modification, substantial or complete disassembly, or replacement of equipment pe~anently
attached to and associated with the pool or spa for the pu~ose of water treatment or cleaning of
the pool or spa requires licensure; however, the usage of such equipment for the pu~oses of
water treatment or cleaning shall not require licensure unless the usage involves construction,
modification, substantial or complete disassembly, or replacement of such equipment. Water
treatment that does not require such equipment does not require a license. In addition, a license
shall not be required for the cleaning of the pool or spa in any way that does not affect the
structural integrity of the pool or spa or its associated equipment
1.6.2.9.1. Swimming Pool/Spa Servicing Contractor requires twenty-four (24) months
experience with a passing grade on a two (2) hour business and law test and means any person
whose scope of work includes semicing or water treatment of any public or private swimming
pool, hot tub or spa, and, subject to Section 487.0437, Florida Statutes, may include direct
infusion of chlorine gas. These contractors may disassemble equipment pemanently attached to
or associated with the respective pool or spa for the pu~ose of water treatment or cleaning the
pool or spa.
11
Words :truck thr.~ugh are deleted; words underlined are added.
1.6.2.10. Journeyman Plumber License Holder requires (4) years as apprentice, a passing
grade on a six (6) hour test, and means those qualified to perform work in the plumbing trades
while employed or supervised by a plumbing contractor. This provision does not apply to any
individual who then holds a valid, active journeyman's license in the plumbing trade and that
license was issued by any Florida County or Florida Municipality when that_licensee complied
with all reciprocity criteria of Section 489.1455, Florida Statutes.
1.6.2.11. Plumbing Contractor requires twenty-four (24) months experience as a licensed
Joumeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a
two (2) hour business and law test and means any person whose contracting business consists of
the execution of contracts requiring the experience, financial means, knowledge, and skill to
install, maintain, repair, alter, extend, or when not prohibited by law, design plumbing. A
plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law,
design the following without obtaining any additional local regulatory license, certificate, or
registration: sanitary drainage or storm drainage facilities; venting systems; public or private
water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation
systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in
connection therewith, including boilers and pressure process piping 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 design, when not prohibited by law, and installation, maintenance, repair, alteration,
or extensions of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all
related medical gas systems; fire line standpipes and fire sprinklers to the extent authorized by
applicable law; ink and chemical lines; fuel oil and gasoline piping, except bulk storage plants;
and pneumatic control piping systems, all in such a manner as to comply with all plans,
specifications, codes, laws, and regulations applicable. The scope of work of the plumbing
contractor shall apply to private property and public property, shall include any excavation work
incidental thereto, and shall include the work of the specialty plumbing contractor. Such
contractor shall subcontract, with a qualified contractor in the field concerned, all other work
incidental to the work but which is specified herein as being the work of a trade other than that of
a plumbing contractor. Placement of fire sating and fire stopping materials shall be permitted on
wall, ceiling and floor penetrations created within the scope of the work allowed by this section
1.6.2.11.1. Journeyman Electrician requires four (4) years as an apprentice, a passing
grade on a six (6) hour test, and means those persons qualified to perform work in the electrical
trades while employed or supervised by an electrical contractor. This provision does not apply to
any individual who then holds a valid, active journeyman's license in the electrical trade and that
12
Words struck thrv. ugh are deleted; words underlined are added.
license was issued by any Florida County or Florida Municipality when that licensee complied
with all reciprocity criteria,of Section 489.5335, Florida Statutes.
1.6.2.12. Electrical Contractor requires twenty-four (24) months experience as a licensed
Journeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a
two (2) hour business and law test and means a person who conducts business in the electrical
trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or
design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways
(including alarm system raceways if the contractor is then registered with the State), conduit, or
any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form,
including the electrical installations and systems within plants and substations, all in compliance
with applicable plans, specifications, codes, laws, and regulations. The term means any person,
firm, or corporation that engages in the business ,of electrical contracting under an express or
implied contract; or that undertakes, offers to undertake, purports to have the capacity to
undertake, or submits a bid to engage in the business of electrical contracting; or that does itself
or by or through others engage in the business of electrical contracting. The term electrical
contractor does not qualify any person, firm or corporation for the installation of fire alarms
which requires a separate state license. Placement of fire safing and fire stopping materials
shall be permitted on wall, ceiling and floor penetrations created within the scope of the work
allowed by this section.
1.6.3. 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
requirements are:
1.6.3.1. Acoustical Contractor requires twenty-four (24) months experience with a
passing grade on a two (2) 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 grid work used to support
acoustical panels, including luminous ceiling panels.
1.6.3.2. Aluminum Contractor Including Concrete requires twenty-four (24) months
experience with a passing grade on a three (3) hour test and a passing grade on a two (2) 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, gutters,
soffits and prefabricated rooms and portable metal or vinyl partitions. These contractors may
form, place on grade reinforcing steel and miscellaneous steel, and pour, place, and finish
13
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non-structural concrete on grade only, incidental to an aluminum accessory structure '---~
~, and or screen epclosures.
1.6.3.3. Aluminum Contractor requires twenty-four (24) months experience with a
passing grade on a three (3) hour test and a passing grade on a two (2) 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, gutters, soffits and
prefabricated rooms, screen enclosures, and portable metal or vinyl partitions.
1.6.3.4. Alarm System Contractor requires twenty-four (24) months experience with a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test
and means a person whose business includes the execution of contracts requiring the ability,
experience, science, knowledge, and skill to lay out, fabricate, install, maintain, alter, repair,
monitor, inspect, replace, or service alarm systems for compensation.
a. Alarm System Contractor I means an alarm system contractor whose business
includes all types of alarm systems for all purposes.
b. Alarm System Contractor II means an alarm system contractor whose business
includes all types of alarm systems other than fire, for all purposes.
c. Alarm System means any electrical device, signaling device, or combination
of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency.
d. Burglar Alarm Contractor means an alarm system contractor whose business is
limited to the installation of burglar alarms in single-family homes and two-family homes,
mobile homes, and small commercial buildings having a square footage of not more than 5,000
square feet.
1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months experience with
passing grade on a two (2) hour business and law test and means any person who is qualified to
manufacture, assemble, install, dismantle, maintain, 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.
1.6.3.6. Carpentry Contractor requires thirty-six (36) months experience with a passing
grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and
means those who have the knowledge and skill to install any wood and metal products including,
but not limited to, rough framing, wood structural wood and metal non-structural trusses,
sheathing, paneling, trim, metal framing, and cabinetry. Placement of fire sating and fire
stopping materials shall be permitted on wall, ceiling and floor penetrations created within the
scope of the work allowed by this section
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Words ....... thr~.t:gh are deleted; words underlined are added.
1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience
with a passing grade on a, two (2) hour business and law test and means any person who is
qualified to install, repair, adjust or extend garage doors.
1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor means
any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a
Sheet Metal Contractor; or a Mechanical Contractor; 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.
1.6.3.9. Concrete Forming and Placing Contractor requires thirty-six (36) months
experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour
business and law test and means those who are qu, alified 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, and finish concrete. This
category does not include the plastering of the interior of a pool.
1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) months
experience with a passing grade on a three (3) hour test and a passing grade 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, plastic
vapor barriers and edge forms incidental thereto. This category does not include the plastering of
the interior of a pool.
1.6.3.11. Concrete Contractor (restricted to pneumatically placed concrete) requires
twenty-four (24) months experience with a passing grade on a three (3) hour test and a passing
grade 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.
1.6.3.12. Decorative Metal Contractor requires twenty-four (24) months experience with
a passing grade on a two (2) 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 passing grade 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 explosives is not
permitted under this category.
15
Words struck tkrcugh are deleted; words underlined are added.
1.6.3.14. Dredging Contractor requires thirty-six (36) months experience with a passing
grade on a three (3) hour .test and a passing grade on a two (2) hour business 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 passing grade 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 drywall product is to be applied,
including the placing of metal studs and runners and all necessary drywall preparation trim and
shall include the placement of fire sating and fire st,opping materials as part of the overall drywall
contract.
1.6.3.16. ~ Hurricane Shutter/Awning Contractor requires twenty-four (24)
months experience with a passing grode on a one (1) hour hurricane shutter installer test and a
passing grade on a two (2) hour business and law test, and means, those who are qualified to
install, maintain, repair or replace shutters and awnings that are designed to protect residential
and commercial buildings from hurricane and storm force winds and windborne debris all in
accordance with Collier County amendments to the Applicable Building Code, as amended from
time to time. Any electrical work connected with the installation of the shutters or awnings must
be done by a licensed electrical contractor. Only nonstructural adjustments to existing openings
may be performed as part of the work. Contractors who hold current Collier County Aluminum
Contractor Including Concrete or Aluminum license on the effective d0.te of this amendment are
not required to pass this test, but must apply for this Certificate not later than one (1) year from
the effective date of this amendment.
1.6.3.17. Epoxy Stone Contractor requires twenty-four (24) months experience with a
passing grade on a two (2) hour business and law test and means those who are qualified to batch
and mix aggregates, epoxy, hardener, and gravel to specifications or to construct forms and
framework for the casting and shaping of epoxy and aggregate, or to pour, place and finish over
concrete base.
1.6.3.18. Excavation Contractor requires thirty-six (36) months experience and a passing
grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and
means any person who is qualified to excavate to obtain or remove materials such as rock, gravel
and sand; to construct or excavate canals, lakes and levees, including the cleaning of land of
surface debris and vegetation as well as the grubbing of roots; and to remove debris and level
surface land incidental and necessary thereto in compliance with all environmental laws, the
16
Words struck L~,rv. ugh are deleted; words underlined are added.
Building Code, and other applicable codes and regulations. Minor excavations, such as footings,
backfill without compactiota, and similar activities are exempt hereunder.
NOTE: The use of explosives is not included in this category.
1.6.3.19. Fence Erection Contractor requires twenty-four (24) months experience and a
passing grade on a two (2) hour business and law test and means any person who is qualified to
install, maintain or repair fencing or decorative prefabricated walls on grade.
1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months
experience installing the specific product and a passing grade on a two (2) hour business and law
test and means any person who is qualified to install carpet, sheet vinyl an~or all types of wood
flooring. This category does not include, tile, marble, or terrazzo.
1.6.3.21. Gasoline Tank and Pump Contractor requires forty-eight (48) months
experience and a passing grade on a three (3) hour test and a passing grade on a two (2) hour
business and law test and means those who are qualified to install, maintain, repair, alter, or
extend any above ground system used for the storing and dispensing of gasoline, kerosene, diesel
oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant storage).
1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months experience, a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test,
and means those who are qualified to select, cut, assemble, and install all makes and kinds of
glass and glass work, and execute the glazing frames, panels, sash and door and holding metal
frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitions. The
scope of work shall include the installation of hurricane shutters or devices that are integral with
the window system.
1.6.3.23. Insulation Contractor.
a. All types except buildings - requires thirty-six (36) months experience, a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test,
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 materials, sprayed-on fire resistive materials, or built-up refrigerated
boxes or rooms, and acoustical materials.
b. Buildings - requires twenty-four (24) months experience, a passing grade
on a three (3) hour test and a two (2) hour business and law test, 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 rooms or buildings.
1.6.3.24. Irrigation Sprinkler Contractor requires twenty-four (24) months experience and
a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law
test and means any person who is qualified to install, maintain, repair, alter or extend all piping
17
Words :~uc!: tkr~.ugh are deleted; words underlined are added.
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.
1.6.3.25. Landscaping Contractor requires twelve (12) months experience and a passing
grade on a two (2) hour business and law test and means any person who is qualified to install
and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, and
concrete paving units for sidewalks, patios and decks only, whether or not incidental to
landscaping, prepackaged fountains, or waterfalls, provided same does not include connection to
a sanitary sewer system, potable water line, or to any electrical installation, which tasks must be
performed by tradesmen licensed in the relevant trade. Landscape Contractors may contract for
only removal and/or trimming of trees and/or any other combination of the authorized services.
1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person qualified and
licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping and tubing, and
appliances and equipment necessary for storing and converting liquefied petroleum gas into
flame for light, heat, and power. Placement of fire sating and fire stopping materials shall be
permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by
this section.
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 and a passing grade on a
two (2) hour business and law test, and means those who are qualified to build and install
bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and davits, and to do pile
driving. Electrical service and wiring must be provided by a licensed electrical contractor.
1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, a passing grade
on a three (3) hour test and a passing grade on a two (2) hour business and law test and means
those who are qualified to select, cut, and lay brick and concrete block or any other 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. Paving Blocks Contractor. Requires twenty-four (24) months experience in the
respective construction plus a passing grade on a three (3) hour test and a passing grade on a two
(2) hour business and law test, and means those persons who are qualified to construct
driveways, sidewalks, patios and decks, using concrete paving units.
1.6.3.30. Painting Contractor requires twenty-four (24) months experience, a passing
grade on a three (3) hour test and a passing grade on a two (2) hour business and law test 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.
18
Words :~::c!: t~r,~t:g~ are deleted; words underlined are added.
1.6.3.31. Paving Contractor (commercial or unlimited) requires thirty-six (36) months
experience, a passing gra,de on a three (3) hour test and a passing grade on a two (2) 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.
1.6.3.32. Plastering and Stucco Contractor requires thirty-six (36) months experience, a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test,
and means those who are qualified to coat surfaces, including lathing and drywall, 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, i,~'"~:~" ~"~
~a '~ ....."This category does not include the plastering of the interior of a pool.
1.6.3.33. 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
Competency 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 passing grade on a two (2) hour business and law test,
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.
1.6.3.35. Roof Coating, Roof Painting, and Roof Cleaning Contractor requires
twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and
means any person who is qualified to clean, paint or coat a roof by means of pressure-operated
equipment, hand application or otherwise. This category does not include roof repair.
1.6.3.36. Sandblasting Contractor requires twenty-four (24) months experience, a passing
grade on a two (2) hour business and law test, and means any person who is qualified to operate a
sandblasting machine.
1.6.3.37. Satellite Dish Installation Contractor requires twenty-four (24) months
experience, a passing grade on a two (2) hour business and law 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 Ordinances. If installation includes a concrete base, the base shall be limited in size to two
cubic yards of concrete.
1.6.3.38. Sealing and Striping Contractor requires twenty-four (24) months experience, a
passing grade on a 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. The
19
Words :tr'-'-c!z thr~.ug~ are deleted; words underlined are added.
scope of work shall include asphalt patching incidental to sealing up to twenty (20) square feet
per patch in a manner that does not use a mechanical spreader or paver.
1.6.3.39. Exterior Covering by Artificial Stucco System Contractor. Applicable to
exterior insulation and finish systems (EIFS), exterior one coat stucco systems, and exterior dry
stock block wall systems whenever the specific system requires its own certification (approval)
of the installer. EIFS includes, but is not limited to, the following registered
trademarks/tradenames: SUREWAII., DRYVIT, PAREX EIFS, Vitricon energix, Senergy
systems, TEC Ful-O-Mite systems, Pleko systems, Thoro's EIFS systems, and USG EIFS. The
applicant must prove then current approval from an authorized representative of the specific
system and must have a passing grade on a two (2) hour business and law exam.
1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months experience, a
passing grade on a two (2) hour business and law test, and means any person who is qualified to
erect, install, repair, alter, extend or change any non-electrical sign, provided all work is
performed in accordance with applicable Collier County and City ordinances. This category does
not include the construction of free-standing structural signs.
1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test,
and means any person who is qualified to install, repair, alter, manufacture, add to, or change any
electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is
qualified to erect signs. Such contractor may contract for, and take out building permits for the
erection of signs. The electrical service and wiring from the electrical service to the sign
disconnect must be supplied by a licensed electrical contractor.
1.6.3.42. Solar Heater Installation Contractor requires twenty-four (24) months
experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour
business 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 passing grade 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, perimeter or cross-section, that are or
may be used as structural members for buildings and structures, and the erection of
communication towers, including riveting, welding and rigging, only in connection therewith.
1.6.3.44. Structure Moving Contractor means persons who are required to be general,
building or residential contractors, and who are qualified to lift and secure structures and
2O
Words :truck t~rt'.ugk are deleted; words underlined are added.
transport said structures from one site to another, whether or not such transport is across public
roads, including the proper,placement of structures at a new 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 passing grade on a two (2) hour
business and law test, and means those persons who are qualified to set tile~ an~ marble and
stone.
1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four (24)
months experience, a passing grade on a three (3) hour test and a passing grade 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~ an~ marble and stone.
1.6.3.47. Underground Utility and Excavation Contractor requires forty-eight (48)
months experience, a passing grade on a three (3) hour test and a passing grade 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, whether accomplished through open excavation
or other means, including, but not limited to, directional drilling, auger boring, jacking and
boring, trenchless technologies, wet and dry taps, routing, and slip lining 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 termination up to and including
the meter location for the individual occupancy, sewer collection systems at property line on
residential or single-occupancy 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. These contractors may install empty underground conduits in rights-of-way,
easements, platted rights-of-way in new site development, and sleeves for parking lot crossings
no smaller than two (2) inches in diameter, provided the conduit system is designed by a licensed
professional engineer or by an authorized employee of a municipality, county, or public utility,
and installation of such conduit shall not include installation of any conductor wiring or any
connection to any energized electrical system. 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, beginning at the point where the piping is used exclusively for such system.
1.6.3.48. Tree Removal and Trimming Contractor requires twelve (12) months experience
with a passing grade on a two (2) hour business and law test and means those who are qualified
to trim and remove trees and stumps.
1.6.4. Contractor Licensing Supervisor means the individual who oversees contractor
licensing and its investigations or presents complaints regarding licensed contractors in Collier
County, Florida. This individual holds office in the Building Review and Permitting Department
21
Words :~uck thrc, ug~ are deleted; words underlined are added.
of the Community Development and Environmental Services Division of Collier County
Government.
1.6.5. Employee means any person who works for and is under the supervision and
control of a licensee, provided that said employee does not hold himself out for hire or engage in
contracting except as an employee. For the purposes of this Ordinance, indicia of an employment
relationship shall include the employer's regular payment of wages and compensation, F.I.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 business organization.
1.6.7. "Contracting" means, except as exempted in this part, engaging in business as a
contractor and includes, but is not limited to, performance of any of the acts as set forth in
subsection (3) which define types of cOntractors. The attempted sale of contracting services and
the negotiation or bid for a contract on these services also constitutes contracting. If the services
offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted
sale of these services requires the corresponding licensure. However, the term "contracting" shall
not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell
or sells completed residences on property on which the individual or_business entity has any legal
or equitable interest, if the_services of a qualified contractor certified or registered pursuant to the
requirements of this chapter have been or will be retained for the purpose of constructing such
residences.
1.6.8. "Business organization" means any partnership, corporation, business trust, joint
venture, or other legal entity which engages or offers to engage in the business of contracting or
acts as a contractor as defined in this section.
1.6.1e. 1.6.9. "P~m~ qualifying agent" means a person who possesses the requisite
s~ll, knowledge, and expe6ence, and has the responsibility, to supervise, direct, manage, and
control the contracting activities of the business organization with which he_is connected; who
has the responsibility to supervise, direct, manage, and control construction activities on a job for
which he has obtained the building pe~it and for financial matters, both for the organization and
in general and for each specific job; and whose technical and personal qualifications have been
dete~ined by investigation and ex~ination as provided in this pag, as attested by the
dep~ment.
1.6.!!. 1.6.10. "Secondly qualifying agent" means a person who possesses the requisite
s~ll, knowledge, and expe~ence, and has the responsibility to supervise, direct, manage, and
22
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Words ~,ruc:: ,,,roug, are deleted; words underlined are added.
control construction activities on a job for which he has obtained a permit, and whose technical
and personal qualifications, have been determined by investigation and examination as provided
in this part, as attested by the department.
1.7. Stop-Work Orders.
If it should become known to the Contractor Licensing Supervisor that a construction project
and/or contracting in Collier County or the City is being undertaken by uncertified or nonexempt
persons, the Contractor Licensing Supervisor, or his/her designee, shall place a stop-work order
on the relevant portion of said project until such time as a certified contractor assumes
supervision of the construction project. Any uncertified and nonexempt person resuming
construction prior to the removal of the stop-work order by the Contractor Licensing Supervisor
shall be in violation of this Ordinance.
1.8. Experience Requirements.
As a prerequisite to, and as a requirement for, the issuance of a Collier County/City Certificate of
Competency, an applicant shall submit satisfactory evidence of experience in the trade for which
he/she desires certification.
a. Contractors' experience shall be in that particular trade, with at least one
(1) year of said experience being as a supervisor.
b. Masters' experience shall be as journeymen.
c. Journeymen's experience shall be as apprentices or trainees~ having
completed an apprenticeship program registered with the Department of Labor and Employment
Security and_demonstrates 4 years verifiable practical experience in those particular trades, or
demonstrates 6 years verifiable practical experience in those particular trades, except as may be
authorized by apprentice programs approved by the Bureau of Apprenticeship, Division of Labor,
Employment and Training of the Department of Labor and Employment Security, which are
hereby incorporated by reference as the required apprentice experience.
1.8.1. 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 from former employers with specifics as to the number of years
of experience, work performed and any other relevant information;
b. Copies of other certificates of competency, if any, held by the applicant in
other counties or cities;
Affidavits from any building director in locations where the applicant has
Co
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 application;
23
Words :~-uc!: t~rc. ug~ are deleted; words underlined are added.
e. Affidavits from any other source within the trade applied for.
1.8.2. Education a,t an accredited school may be presented to satisfy a 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.
PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE.
2.1. Applications - General.
2.1.1. Any person or business organization desiring to obtain a Certificate of
Competency shall make application under oath for such Certificate and shall submit such
information as is required by this Ordinance.
2.1.2. Should the applicant be a business organization, the application shall be executed
by a legally authorized and empowered representative of business organization who shall show
his authority to so act on the application. In addition, the application shall name a qualifying
agent authorized to act on behalf of the firm in all subsequent proceedings, showing his
authority:
a. To act for the firm in all matters and in any manner connected with the
contracting business; and
b. To supervise the construction under the Certificate of Competency issued
to the applicant.
2.1.3. A qualifying agent may qualify no more than one firm, practicing the same trade,
without prior approval of the Contractors' Licensing Board, and in no event more than two firms
at the same time.
2.1.4. No application shall be considered unless the applicant supplies all information as
required by this Ordinance.
2.1.5. The Board of County Commissioners shall establish and adopt, by Resolution, a
schedule of fees and charges for applications for Certificates of Competency, renewals, late fees
and other charges, if applicable, pertaining to this Ordinance. It is the intent of these regulations
that the County shall not be required to bear any part of the cost of applications made under this
Ordinance. The schedule of fees and charges shall be posted in the office of the Building Review
and Permitting Department of the Community Development and Environmental Services
Division of Collier County Government and the City's Building and Zoning Division
(Department), and the resolution establishing such fees shall be on file with the City's Clerk and
the Clerk to the Board. The schedule of fees and charges may be changed in accordance with
standard resolution 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
24
Words struck tkmugk are deleted; words underlined are added.
necessary for amendment of this Ordinance, Current fees and charges are set forth in Resolution
No. 87-108 and shall remai, n in effect until said Resolution is amended or superseded.
2.2. Contractor Application - Individual.
Any person desiring a Certificate of Competency shall submit the following information
on forms provided by the Collier County Contractor Licensing Supervisor:
Name of applicant, date of birth, Social Security number and driver's license
2.2.1.
number;
2.2.2.
2.2.3.
Home address and telephone number;
Business address and telephone number. A contractor is required to maintain an
office in Collier County or have an agent in Collier County for purposes of receiving notices
pursuant to this Ordinance.
2.2.4. Name of applicant's business;
Applicant's proposed contracting business;
If applicable, verification that applicant has properly registered under the fictitious
2.2.5.
2.2.6.
name statutes;
2.2.7.
2.2.8,
Type of Certificate of Competency for which application is being made;
A complete list of all outstanding debts related to the applicant's contracting
business which the applicant has not paid or refuses to pay and a statement of the reasons for
nonpayment;
2.2.9. Names and telephone numbers of two persons who will always know the
applicant's whereabouts;
2.2.10. A statement whether the applicant has ever been convicted of a crime related to
contracting and any crime of moral turpitude;
2.2.11. Applicant's business or work experience during the past ten years;
2.2.12. Any formal training in the area of competency for which application is made;
2.2.13. In addition to the aforementioned information, the applicant shall attach or submit
the following information:
a. A credit report compiled by a nationally recognized credit agency that
reflects the financial responsibility of the applicant;
b. Affidavits as to the applicant's honesty, integrity, good business reputation
and competence in the trade category for which application for a Collier County/City Certificate
of Competency has been made. Said affidavits shall be in substantially the form issued by the
Collier County Contractor Licensing Supervisor or his/her designee;
c. Scores on the examination applicable to the license applied for, including
the area of competency tested, the date of testing and the place of testing. Said examination shall
25
Words :~ac!: :~r~.ugh are deleted; words underlined are added.
have been administered by a testing agency recognized and approved throughout the State of
Florida as provided for in S, ection 2.6 of this Ordinance.
2.3. Contractor Applications - Business Organizations.
If the applicant proposes to engage in contracting as a partnership, corporation, business
trust, or other legal entity, the applicant shall apply through a qualifying agent and comply with
all requirements and responsibilities contained in Sections 489.119 and 489.1195, Florida
Statutes.
Any business organization desiring a Certificate of Competency in Collier County shall
submit the following information on forms provided by the Collier County Contractor Licensing
Supervisor.
2.3.1. Business organization name;
2.3.2. Business address and telephone number. A business organization must have an
office in Collier County or have an agent in Collier County for purposes of receiving notices
pursuant to this Ordinance.
2.3.3. Qualifying agent;
2.3.4. Proposed contracting business;
2.3.$. Type of Certificate of Competency for which application is made;
2.3.6. 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;
A list of all contracting businesses owned by the business organization during the
2.3.8.
last five years;
2.3.9.
A credit report from a nationally recognized credit agency if the business
organization has been in existence for more than one (1) year. If the business organization has
been in existence for less than one (1) year, a credit report on every business organization in
which the Applicant/Qualifier was an agent is required. If neither of the above is applicable a
personal credit report on the applicant/qualifier is required.
2.3.10. A complete list of all outstanding debts related to the business organization's
contracting business which the business organization has not paid or refuses to pay and a
statement of the reasons for nonpayment;
2.3.11. The signature of an authorized officer of the business organization;
2.3.12. Qualifier information:
The name of the qualifying agent and date of birth;
The name of the business organization to be qualified;
Type of Certificate of Competency for which application is made;
The home address of the qualifying agent;
26
Words s~uck thrc. ugh are deleted; words underlined are added.
e. The names and telephone numbers of two persons who will always know
the qualifying agent's wherfabouts;
f. Scores on any approved examination; including the area of competency
tested, the date of testing and the place of testing;
g. Affidavits as to the qualifier's honesty, integrity, good business reputation
and competence in the trade category for which application for a Collier County/City Certificate
of Competency has been made;
h. A statement whether the qualifying agent has ever been convicted of a
crime related to contracting and any crime of moral turpitude;
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 nonpayment; ,
j. A statement of the qualifying agent's business and work experience during
the previous five years;
k. A statement of any formal training possessed by the qualifying agent in the
trade category for which application is made for a competency card;
1. Proof that the qualifying agent is legally qualified to act for the business
organization in 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 qualifying agent is legally qualified to act for the business organization includes, but is not
limited to, authority to sign checks for the business organization, training and supervision of
employees, hiring and firing of employees or other actions indicating active involvement in the
business organization.
2.4. Master or Journeyman Applications.
made;
The name of the applicant and date of birth;
Home address and telephone number;
Business address and telephone number;
Type of Certificate of Competency for which application is being
e. The names and telephone numbers of two persons who will always know
the applicant's whereabouts;
f. Scores on any approved examination, including the area of competency
tested, the date of testing and the place of testing. Prior to taking the tests required by this
Ordinance, an applicant must provide verification that he or she has complied with the
experience requirements.
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Words :trac!c t~r.~'--'g,~ are deleted; words underlined are added.
g. A statement of the applicant's business or work experience during the past
ten years;
ho
A statement of any formal training in the trade categories for which
application is made for a competency card.
2.5. Standards for the Issuance or Denial of a Certificate of Competency.
2.5.1. Contractors.
The Contractor Licensing Supervisor or his/her designee, shall issue a Certificate of Competency
to the applicant if it appears, on the face of the application, as submitted by the applicant, that:
a. The application is complete in accordance with the requirements of this
Ordinance;
b. The applicant possesses the experience required by Sections 1.6 and 1.8 of
this Ordinance;
c. The credit report submitted indicates no facts and circumstances which
show a failure to pay contracting related bills promptly;
d. The applicant or qualifier meets the requirements for financial
responsibility set forth in Rules 61G4-15.005 and 61G4-15.006, Florida Administrative Code, as
they may be amended from time to time;
e. The applicant meets one of the following criteria:
1) The applicant has taken and passed an examination approved and
recognized throughout the State of Florida, as provided for in Section 2.6 of this Ordinance, for
the area of competency for which application has been made, or
2) The applicant meets all licensing requirements provided for by this
Ordinance.
f. All required affidavits have been submitted;
g. All required fees have been paid;
h. The applicant possesses a current Collier County occupational license; and
i. The applicant or the qualifying agent is at least 18 years of age.
2.5.2. Referral of Application to Contractors' Licensing Board for Decision.
If it does not appear on the 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 shall refer the application to the Contractors' Licensing Board
for a decision regarding approval or denial of the application.
2.5.3. 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 this Ordinance. Upon the evidence presented
by the applicant and the Contractor Licensing Supervisor, the Contractors' Licensing Board shall
28
Words ..... ~..k ..... ~.
............ ~,. are deleted; words underlined are added.
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. The Board may consider the
applicant's relevant recent experience in the specific trade and based upon such experience may
waive testing requirements if convinced that the applicant is qualified by experience whereby
such competency testing would be superfluous.
2.5.3.1. If the Contractors' Licensing Board determines that an applicant is qualified for a
particular type of Certificate of Competency, a competency card shall be issued by the Contractor
Licensing Supervisor or his/her designee.
2.5.4. Additional Requirements.
In addition to the foregoing requirements, each applicant shall submit the following information
as a prerequisite to the issuance of a Collier County.competency 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 by Chapter 489, Florida Statutes, is exempted from this Subsection);
2.5.4.2. The applicants' individual or business organization's United 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 Florida prior to contracting in the City and in Collier County;
2.5.4.5. Where applicable, a statement that the applicant has registered his
fictitious name with the Florida Department of State, Fictitious Name Filing Section, as required
by Section 865.09, Florida Statutes;
2.5.4.6. When a Certificate of Competency is issued in the name of a business
organization, the certificate shall be in the name of the business organization and the name of the
qualifying agent 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
2.6. Approved Examiners.
The approved examiners for the purpose of administering proctored exams as required by this
Ordinance is "Experior", 2100 N. W. 53ra Avenue, Gainesville, Florida, 32653, and any other
testing agency with comparable testing 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 Certificate of Competency has been
29
Words :Xt:.~l: t~r~.::g~ are deleted; words underlined are added.
made. Said examinations shall be proctored and graded by a testing agency meeting all the
requirements of Section 2.~ of this Ordinance. When a Certificate of Competency becomes void
pursuant to Section 1.4.9 herein, all previous examination scores shall be disregarded except
when the most recent relevant examination was taken and passed within three (3) years of the
date of receipt of the new application, pursuant to Chapter 489, Florida Statutes.
2.8. Insurance.
All licensed contractors shall maintain liability and other categories of insurance, as required by
Florida law, at all times. Such insurance shall be with an insurance company authorized to do
business in the State of Florida. The minimum limits of liability insurance required shall be not
less than $100,000 for bodily injury and $25,000 for property damage or any higher minimums as
required by Florida law. All licensed contractors shall maintain applicable Workers'
Compensation insurance as required by Florida law and/or federal law, including, but not limited
to, the provisions of the Federal Employers' Liability Act, the Longshoremen's & Harbor
Workers' Compensation Act, the Defense Base Act, or the Jones' Act.
2.9. Dormant Status.
2.9.1. Any person or firm that holds a valid Collier County/City Certificate of
Competency may place the Certificate of Competency on dormant status during which time said
person or firm/entity shall not engage in contracting in Collier County, but may retain the
certificate on a dormant status basis provided timely payment is made of an annual renewal fee as
set forth in Section 2.1.5 of this Ordinance and applicable resolutions enacted by the Collier
County Board of County Commissioners.
2.9.2. Persons or business organizations desiring to renew dormant certificate may do so
by complying with the requirements of Section 1.4 of this Ordinance relating to renewals.
2.10. Restricted Certificates of Competency.
The Contractors' Licensing Supervisor or designee may issue a Restricted Certificate of
Competency to an applicant for a certificate in a particular trade, which Certificate is restricted to
certain aspects of that trade where the applicant has satisfactorily demonstrated that he/she is
qualified under this Ordinance in certain aspects of that trade, but lacks the required experience
in other aspect(s) of that trade. For example, an applicant for a Certificate as a Floor Covering
Installation Contractor may have the required experience in laying carpets and/or tiles, but not
wood flooring. Each staff level decision to restrict a Certificate shall be final unless reversed or
modified by the CLB upon appeal by the certificate holder.
2.11. 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 by the City Council, in which substantial damage
has occurred to buildings and structures so as to cause a shortage of available persons and
30
Words :truck 'h ..... ~'
...... ~.. are deleted; words underlined are added.
firms/entities in the contracting trades for which there are Collier County/City Certificates of
Competency, the Contractors' Licensing Board is hereby authorized to:
2.11.1. Declare an emergency contracting trade shortage of designated categories of
contractors and/or sub-contractors listed in this Ordinance. This declaration shall be for a period
of time not to exceed six (6) months.
2.11.2. Authorize the Contractor Licensing Supervisor to prepare and regulate the
selection of contractors and/or sub-contractors from other jurisdictions whose licensing
requirements are substantially comparable to those licensed in Collier County. The contractors
selected must be licensed in jurisdictions whose testing and licensing requirements have been
predetermined by the Contractors' Licensing Board to be substantially comparable to the Collier
County requirements.
2.12. The County will provide active field supervision within the City 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 contractors to work within the geographic boundaries of County and the
City. The County shall collect the fees for those contractors licensed to work within the County
and City.
2.13. Contractors who operate in Collier County shall maintain complete financial and
business records for the immediately preceding 3 years at their licensed place of business. The
business and financial records to be maintained shall include minutes of corporate meetings,
business contacts, telephone records, insurance policies, letters of complaint, notices received
from government entities, bank statements, canceled checks, records of accounts receivable and
payable, financial statements, loan documents, tax returns, employee records and all other
business and financial records the contractor maintains in the course of business. The contractor
shall allow the Contracting Licensing Supervisor, or his designee, access to all documents
referenced in this section upon demand and during normal business hours. Copies of any
documents requested by the Contractor Licensing Supervisor, or his designee shall be provided
by the Contractor upon payment of reasonable reproduction costs, which shall not exceed the
Contractor's actual reproduction costs, by the Contractor Licensing Supervisor or his designee.
PART THREE: THE CONTRACTORS' LICENSING BOARD.
3.1. Composition.
3.1.1. The Contractors' Licensing Board, being Collier County's "local construction
licensing board", is 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 corporate
city limits or shall be recommended to the Board of County Commissioners by the City Council.
The Board of County Commissioners may also appoint alternate members as it deems
31
Words ~:r~:c!: t~rc.~:~,~ are deleted; words underlined are added.
appropriate. Three (3) members of the CLB shall be consumer representative members. No such
member shall be, or shall have ever been, a member or practitioner of any profession regulated by
the CLB or any profession closely related to any such profession regulated by the CLB. The
members of the CLB who are not consumer representative members should be either 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 residential, or a licensed building contractor. Except for consumer representative
members, this provision is merely directory and failure to have members appointed from these
trades shall not be grounds for voiding or otherwise affecting any action of the Board.
3.1.2. Collier County Ordinance No. 86-41, as now or hereafter amended (or any
ordinance that is a successor in function thereto) shall be applicable to every member appointed
or reappointed to the CLB after the effective date o,f this Ordinance, except the following: each
initial full-term appointment of a member to the CLB shall be for a term of three (3) years.
3.2. Internal Operating Procedures.
3.2.1. The Contractors' Licensing Board shall elect a chairperson and vice chairperson
from its membership.
3.2.2. Meetings.
3.2.2.1. The Contractors' Licensing Board shall hold at least four meetings per year.
3.2.2.2. Upon the request of the Contractor Licensing Supervisor, or his designee, or at
such other times as may be necessary, the chairperson of the Contractors' Licensing Board (and,
in his absence, the vice chairperson or, in the vice chairperson's absence, the temporary
chairperson elected by majority vote of the members of the Contractors' Licensing Board) may
call hearings of the Contractors' Licensing Board. Heatings may also be called by written notice
signed by at least three (3) members of the Contractors' Licensing Board. At any heating, the
Contractors' Licensing Board may set a future hearing date. Minutes shall be kept of all meetings
and hearings and all meetings and proceedings shall be open to the public.
3.2.2.3. Five members shall constitute a quorum for any meeting, and a majority vote of
those present shall be required to make 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 by the Contractors'
Licensing Board for the proper performance of its duties.
3.2.2.5. The County Attorney, or his 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 both capacities
for the same case or at the same time.
32
Words gtr'.:cl~ t~rzug~ are deleted; words underlined are added.
3.3. Duties and Powers of the Contractors' Licensing Board.
3.3.1. Upon referen, ce by the Contractor Licensing Supervisor or petition by 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 Certificate of Competency, or a State certified
contractor doing business in Collier County, should be disciplined pursuant to Part Four of this
Ordinance. It shall be the duty of the Contractor Licensing Supervisor to initiate disciplinary
proceedings. No member of the Contractors' Licensing Board shall have the power to initiate
disciplinary proceedings in his/her capacity as a member of the Contractors' Licensing Board.
3.3.3. The Contractors' Licensing Board shall have the power to adopt such policies,
rules and regulations as it deems necessary to carry out the duties of the Board in accordance
with the provisions and intent of this Ordinance. Said policies, rules and regulations, when and if
reduced to writing, shall be filed with the Clerk to the Board of the Collier County Board of
County Commissioners.
3.3.4. 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 c-C_ertificates of
Competency or State certified contractors doing business in Collier County or the City pursuant
to Part Four of this Ordinance;
e. Issue decisions, findings 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 have all other powers granted to said
Board or otherwise by Florida law.
3.3.6. The Contractors' Licensing Board shall have the power to make recommendations
to the Board of County Commission regarding amendments to this Ordinance and shall review
amendments to the Ordinance proposed by County staff.
PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE.
4.1. Misconduct - Collier County/City Certificate of Competency
The following actions by a holder of a Collier County/City Certificate of Competency shall
constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance:
33
Words :~uzk ~hre. ugk are deleted; words underlined are added.
4.1.1. Knowingly combining or conspiring with an unlicensed contractor by allowing
one's Certificate of Compe~tency to be used by an unlicensed contractor with intent to evade the
provisions of this Ordinance. When a licensed contractor acts as the qualifying agent for any
firm without first making application under this Ordinance to represent said firm, such act shall
constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a
certificate holder allows his certificate to be used by one or more companies without having any
active participation in the operations, management, and control of such companies, such act
constitutes prima facie evidence of an intent to evade the provis,ions of this Ordinance. Active
participation requires job site supervision, knowledge of and participation in the business
operations of the company(s), including all contractual matters.
4.1.1.1. If any individual qualifying any business organization ceases to be affiliated with
such business organization, he shall so inform the,Board. In 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 termination 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
his/her competency card and as defined in this Ordinance or as restricted by the Contractors'
Licensing Board.
4.1.3. Abandoning a construction project in which he/she is engaged or under contract as
a contractor. A project may be presumed abandoned if the contractor terminates the project
without just cause, or fails to notify the owner in writing of termination of the contract and basis
for same, or fails to perform work for ninety (90) consecutive days without just cause and no said
notice to the owner.
4.1.4. Diverting funds or property received for the execution of a specific contract
project or operation or diverting funds earmarked for a specified purpose to any other use
whatsoever.
4.1.5. Departing 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.
4.1.6. Disregards or violates, 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.
34
Words :°,r',:clz tkrc, ugk are deleted; words underlined are added.
4.1.8. Committing mismanagement or misconduct in the practice of contracting that
causes financial harm to a,customer. Financial mismanagement or misconduct includes, but is
not limited to, any of the following:
4.1.8.1. 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:
a. Valid liens have been recorded against the property of a contractor's
customer for supplies or services ordered by the contractor for the customer's job; the contractor
has received funds from the customer 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 is entitled to retain such funds under the terms of the
contract or refunds the excess funds within 30 days after the date the job is abandoned;
c. The contractor's job has been completed, and it is shown that the customer
has had to pay more for the contracted job than the original contract price, as adjusted for
subsequent change orders, unless such increase in cost was the result of circumstances beyond
the control of the contractor, was the result of circumstances caused by the customer, or was
otherwise permitted by the terms of the contract between the contractor and the customer.
4.1.9. Performing any act which assists a person or entity in engaging in the prohibited
unlicensed practice of contracting, if the licensed contractor knows or should have known that
the person or entity was unlicensed.
4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty
materials installed contrary to the provisions of the construction contract. Faulty workmanship
means work that is not commenced, not continued, or not completed in accordance with all
specifications of the applicable written agreement. Faulty workmanship includes any material
flaw(s) in the_quality and/or quantity of the unfinished or finished work product, including any
item that does not function properly as a part of the entire project. If there is no written
agreement provision regarding the specific faulty workmanship issue, faulty workmanship exists
if the work, process, product or part thereof does not meet generally accepted standards in Collier
County in relation to the entire project. Faulty workmanship does not include matters of
esthetics unless the esthetically related item clearly violates a written contract specification
directly related thereto.
35
Words :truck t~rzug~ are deleted; words .underlined are added.
4.1.11. Failure to maintain at all times, with an insurance company authorized to do
business in the State of l~lorida, the limits of liability and other categories of insurance as
required by this Ordinance.
4.1.12. Failing to claim or refusing to accept certified mail directed to the contractor by
the Contractors' Licensing Board, or its designee.
4.1.13. Failing to maintain a current 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 guilty, regardless of adjudication, of a crime in Collier
County which directly relates to the practice of contracting or the ability to practice contracting.
4.1.16. Allowing another to take a qualifying examination on the applicant's behalf.
4.1.17. Engaging in contracting business in Collier County or the City when prohibited
from doing so by the Contractors' Licensing Board of Collier County.
4.1.18. Proceeding on any job without obtaining applicable permits or inspections from
the City building and zoning division or the county building review and permitting department.
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. Signing a statement with respect to a project or contract falsely indicating that the
work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or
materials which results in a financial loss to the owner, purchaser, or contractor; or falsely
indicating that Workers' Compensation and public liability insurance are provided.
4.1.21. Failure of a qualifying agent for a firm/legal business entity to comply with the
requirements set forth in Sections 489.119 and 489.1195, Florida Statutes.
4.1.22. 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, as a contractor, or as an employee, regardless of any financial
consideration.
4.1.23. Failing or refusing to provide proof of public liability and property damage
insurance coverage and workers compensation insurance coverage.
4.1.24. Misconduct in the practice of contracting (See section 4.2, below).
4.2. Misconduct - State Certified Contractors
The following actions by State Certified Contractors shall constitute misconduct and grounds for
discipline pursuant to Section 4.3 of this Ordinance.
4.2.1. Failing or refusing to provide proof of public liability and property damage
insurance coverage and workers compensation insurance coverage as required by Florida
Statutes.
36
Words stn:ck tkreugk are deleted; words .underlined are added.
4.2.2. Willfully violating the applicable building codes or laws of the state, City or
Collier County. ,
4.2.3. If the CLB finds through its public hearing process that the contractor was found
by another county or municipality within the past twelve (12) months, to have committed fraud
or a willful building code violation and the CLB finds that such fraud or other willful violation
would have been fraud or a willful violation if committed in Collier County or within the
respective City.
4.2.4. Fraud.
4.3. Disciplinary Proceedings, including Minor Violations.
4.3.1. There are three (3) categories of violations: (i) Violations of subsection
489.127(1), Florida Statutes; Violations of subsection 489.132(1), Florida Statutes; and (iii)
other violations within the jurisdiction of the Contra, ctor's Licensing Board.
a. Subsection 489.127(1), Florida Statutes, is incorporated herein. (Lack of
required license, certificate, or registration). The following are designated to enforce subsection
487.127(1), Florida Statutes: Collier County Building Official, all License Compliance Officers,
the Chief Building Inspector, Chief Electrical Inspector, Chief Plumbing/Mechanical
Mechanical, and/or other inspectors authorized from time-to-time by the Building Official.
Procedures specified in this Ordinance shall apply except to the extent, if any, that Section
489.127 or Section 489.132, may require different procedure(s). The penalties for each
uncontested violation of subsection 489.127(1) and/or 489.132(1), Florida Statutes, are three
hundred t'e~nn~' dollars ($300.00) for the first uncontested violation and five hundred dollars
($500.00) for each subsequent uncontested violation by the same individual or entity. Penalties
for contested violations of subsection 489.127(1), Florida Statutes, are as now or hereafter
specified in Section 489.127, Florida Statues. Penalties for contested violations of subsection
489.132(1), Florida Statutes, are as now or hereafter specified in Section 489.132, Florida
Statutes. The Citation form attached hereto as exhibit "A" is approved, which form may be
amended from time-to-time by Resolution of the Board of County Commissioners.
b. Minor Violations: The Contractor Licensing Supervisor or designee shall
issue a "Notice of Noncompliance" as the County's first response to a minor violation of any
provision_of any regulatory law, including this Ordinance, when (i) it is reasonable for Staff to
assume that the violator, at the time of violation, was not aware of the provision that was violated
or it can be assumed that it was not clear to the violator how to comply with the violated
provision; and (ii) that violation has not then resulted in economic harm or physical harm to any
person; and (iii) the violation has neither adversely affected the public health, safety, or welfare,
nor created any significant threat of any such adverse affect. The Notice of Noncompliance
should identify the specific provision that was violated, should provide information on how to
37
Words struck t~rc, ug~ are deleted; words underlined are added.
comply with that provision and should specify a reasonable time for full compliance. The Notice
of Noncompliance shall nqt be accompanied with any immediate threat of any monetary fine or
any other disciplinary penalty, but may specify that failure of the violator to correct the violation
within the time specified in the Notice for Compliance may result in disciplinary proceedings.
Each violation that is not a "minor" violation is a "major" violation.
c. Major Violations. The Contractor Licensing Supervisor, or his designee,
may initiate disciplinary proceedings against a licensed contractor for major violations of this
Ordinance by filing a sworn complaint with the Clerk to the Collier County Board of County
Commissioners.
d. Failure of Non-State Certified Individual to Promptly Pay P-ay Penalty to
County. The Collier County Building Department should not issue any permit or any other
required authorization to any Collier County Certified individual who then has an obligation to
pay a penalty to the County imposed with finality under this Ordinance for any violation of this
Ordinance (including a citation that is not contested) and that individual has not paid that penalty
in full by the applicable deadline date, plus reimbursement of the County's costs, such as
recording fees and court costs. An appeal of uncontested citations stays all such withholdings.
e. Failure of Non-State Certified Individual to Meet Permit Conditions. The
County's Building Department may withhold issuance of any further permit(s) or any other
authorization(s) to any individual who, or entity that, has not then complied with any condition of
all County-issued permit(s) issued to that individual or entity, including every follow-up
inspection or any other act then capable of being complied with, although late in time.
f. Withholding Permit Pulling Privileges of State Certified Contractor.
Before the CLB may withhold any permit pulling privilege(s) of a State Certified Contractor, the
CLB, after public hearing, must find that the Contractor violated a provision of Section 4.2 of
this Ordinance.
4.3.2. Any person who believes that a contractor holding a Certificate of Competency has
violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or
his/her designee. The complaint shall be in substantially the form prescribed by the Contractor
Licensing Supervisor. The complainant shall pay a fee of $50.00, to defray the costs of
administering the complaint, at the time of filing the complaint. The complaining party shall
state with particularity which section(s) of this Ordinance he or she believes has been violated by
the contractor and the essential facts in support thereof.
4.3.3. Upon the submission of a sworn complaint, the Contractor Licensing Supervisor,
or his/her designee, shall conduct a preliminary investigation and determine whether the
complaint submitted warrants the filing of formal charges. If charges are warranted, the
Contractor Licensing Supervisor, or his/her designee, shall file the complaint with the Clerk to
the Collier County Board of County Commissioners and shall send, by certified mail, return
38
Words atr',:ek t~rc. ug~ are deleted; words underlined are added.
receipt requested, a letter to the licensed contractor at his local address, or if applicable the local
agent's address, as shown b,y the records of the Contractors' Licensing Board, enclosing a copy of
the complaint and !ndicating:
a. The name of the complainant;
b. The date(s) of the commission of the alleged offense(s);
c. The section(s) of this Ordinance alleged to have been violated;
d. The range of disciplinary sanctions which may be imposed upon any
contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said
Board finds a violation of this Ordinance to have occurred;
e. The date, time and place at which the contractor shall appear before
the Contractor's Licensing Board for a hearing regar, ding the complaint. The date scheduled shall
not be sooner than twenty (20) days from the mailing date of the certified letter.
4.3.3.1. The notice of hearing required by this Section may, in the alternative, be
accomplished by hand delivery of said notice to the contractor by the Contractor Licensing
Supervisor, or his/her designee, or by leaving said notice at the contractor's business or usual
place of residence with some person of his/her family over 15 years of age and informing such
person of the contents of the notice.
4.3.3.2. As an alternative to providing notice as set forth above, at the option of the
Contractor Licensing Supervisor, notice may be furnished to the contractor by publication as
follows:
a. Such notice shall be published once during each week for four (4)
consecutive weeks (four publications being sufficient) in a newspaper of general
circulation in Collier County. The newspaper shall meet such requirements as are prescribed
under Chapter 50, Florida Statutes, for legal and official advertisements;
b. Proof of publication shall be made as provided in Sections 50.041 and
50.051, Florida Statutes. 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.
4.3.3.3. Although not required to prove that notice was provided, evidence 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 4.3.3.2, shall be sufficient to show that the notice
of hearing requirements of this Section have been met, without regard to whether or not the
alleged violator actually received such notice.
4.3.4. Conduct of Hearing.
4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to the
public.
39
Words :tr'.:ck tS:c~:?~h are deleted; words underlined are added.
4.3.4.2. 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 his~her own expense. Neither Collier County nor the Contractors' Licensing Board
shall be responsible for any failure of recording equipment during the conduct of the hearing.
4.3.4.3. 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. Regarding
matters under the jurisdiction of the Contractor's Licensing Board, the Building Official is
authorized to issue subpoenas to the greatest extent then allowed by law, including Section
162.08, Florida Statutes.
4.3.4.4. Assuming proper notice of the hearing has been provided to the contractor, or
was not received notwithstanding attempts to notify the contractor, as provided for in Section
4.3.3 of this Ordinance, a hearing may proceed in the absence of the contractor. Evidence
regarding "notice" shall be received prior to receiving evidence on the merits of the case.
4.3.4.5. 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 the respective parties.
4.3.4.6. Formal 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 excluded; but all other 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 itself,
to support a finding unless such hearsay would be admissible over objection in civil actions in
court. The rules of privilege shall be effective to the same extent that they are now or hereafter
may be recognized in civil actions.
4.3.4.7. 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.
4.3.4.8. 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.
4.3.4.9. 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
40
Words :~'uck t.hr,,ugk are deleted; words underlined are added.
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.
4.3.4.10. The decision of the Contractors' Licensing Board shall be stated orally at the
hearing and shall be reduced to writing and mailed to the parties within 30 days after the
hearing. The findings of fact and conclusions of law, disciplinary 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 to writing~
4.3.4.11. 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 Subsections
4.3.4.9 and 4.3.4.10 of this Ordinance.
4.3.5. Disciplinary Sanctions.
4.3.5.1. Holders of Collier County/City 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:
Competency;
ao
Revocation of a Collier County/City Certificate of Competency;
Suspension of a Collier County/City Certificate of Competency;
Denial of the issuance or renewal of a Collier County/City Certificate of
d. A period of probation of reasonable length, not to exceed two years,
during which the contractor's contracting activities shall be under the supervision of the
Contractors' Licensing Board; and/or participation in a duly accredited program of continuing
education directly related to the contractor's contracting activities. Any period of probation or
continuing education program ordered by the Contractors' 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 4.3.3 of this Ordinance. Service of said notice
shall be as provided in Sections 4.3.3 and 4.3.3.1 of this Ordinance. Evidence that either of these
41
Words struck t~r~,ug~ are deleted; words underlined are added.
methods of service have been utilized shall be sufficient to show that the notice of hearing
requirements of this Sectio~a have been met, without regard to whether or not the alleged violator
actually received notice;
e. Restitution;
f. A fine not to exceed $5,000;
g. A public reprimand;
h. Re-examination requirement;
i. Denial of the issuance of Collier County or City building permits or
requiring the issuance of permits with specific conditions.;
j. Reasonable investigative and legal costs for the prosecution of the
violation.
4.3.5.2. Holders of State of Florida Certificates of Competency.
a. If, after hearing, the Contractors' Licensing Board finds that there has been
misconduct by a State certified contractor, within the meaning of Section 4.2 of this Ordinance,
said Board may deny the issuance of Collier County/City building permits or require the issuance
of permits with specific conditions.
b. Notification of and information concerning such permit denial shall be
submitted to the Florida Department of Business and Professional Regulation within 15 days
after the Contractors' Licensing Board decides to deny the permit.
4.3.5.3. When imposing any disciplinary sanction on a contractor or a person
holding a Certificate of Competency or a state certified contractor who has been found to have
violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence
presented at the hearing as well as:
a. The gravity of the violation;
b. The impact of the violation on the public health, welfare or safety;
c. Any actions taken by the violator to correct the violation;
d. Any previous violations committed by the violator;
e. Any other evidence presented at the hearing by the parties relevant as to
the sanction which is appropriate for the case given the nature of the violation and the violator.
4.3.5.4. Any disciplinary sanctions imposed by the Contractors' Licensing Board shall be
effective upon being stated orally at the hearing unless the Board orders otherwise, all in
accordance with Section 4.3.4.10 of this Ordinance.
4.3.5.5. In addition to any action the Contractors' Licensing Board may take against the
individual's or business organization's local license, and any fine the Contractors' Licensing
Board may impose, the Contractors' Licensing Board shall issue a recommended penalty for the
State Construction Industry Licensing Board or if the action involves an electrical contractor or
42
Words :truck thr~.ugk are deleted; words underlined are added.
an alarm contractor, the State Electrical Contractors' Licensing Board action. This recommended
penalty may include a recommendation for no further action, or a recommendation for
suspension, revocation, or restriction of the registration, or a fine to be levied by the Construction
Industry Licensing Board or Electrical Contractors' Licensing Board, or a combination thereof.
The Contractors' Licensing Board body shall inform the disciplined contractor and the
complainant of the local license penalty imposed, the penalty recommended, his rights to appeal,
and the consequences should he decide not to appeal. The Contractors' Licensing Board shall,
upon having reached adjudication immediately inform the Construction Industry Licensing Board
or Electrical Contractors' Licensing Board of its action and the recommended board penalty.
4.3.5.6 Fines and all other monetary penalties may be collected and disposed as
authorized by and subject to Chapter 489, Florida Statutes. Should any monetary penalty
imposed by the Board not be paid within the time specified by the Board's Order, the Board may
request from the Board of County Commissioners authority to that appropriate legal action to
collect the penalty.
PART FIVE: REHEARING AND APPEALS OF DECISIONS OF THE
CONTRACTORS' LICENSING BOARD.
5.1. Rehearing.
Each respondent found to be in violation of this Ordinance, any other party, the Chairman
of the CLB, the CLB as a body, or the Assistant County Attorney who tried the case may request
a rehearing of any decision of the CLB. A request for rehearing shall be in writing and shall be
filed with staff and a copy thereof should be delivered to all other parties within twenty (20) days
from the date of mailing or other method of delivery to the Respondent(s) of the Board's written
decision under this Ordinance. A request for rehearing shall be based only on the ground that
fundamental error occurred which resulted in a failure of due process, the decision was contrary
to the evidence, or that the hearing involved an error on a ruling of law and/or fact which was
fundamental to the decision of the CLB. The written request for rehearing shall specify the
precise issue(s) on which the request for rehearing is based. The decision of the CLB which is
the subject of the rehearing request shall remain in effect throughout the rehearing procedure
unless the County's Licensing Supervisor or the CLB orders otherwise. If any person with
standing claims that fundamental error has occurred and such error is capable of being corrected,
a request for a rehearing by the CLB must be filed with county staff. The CLB must issue its
Final Order on Rehearing before any request for any type of appellate review can be filed with
any court.
5.1.2.
If the Contractors' Licensing Board determines it will grant a rehearing, it shall:
a. Conduct a hearing where the parties will be given the opportunity of
43
Words gL-r:cl~ t~rc.r:g~ are deleted; words underlined are added.
presenting evidence and/or argument which may be limited by the Board to the specific issues for
which the rehearing was gqanted.
b. Affirm, modify, or reverse its prior decision, with or without receiving
further evidence, providing that the change(s) is/are based on a finding that the prior decision of
the Board resulted from fundamental error or a ruling on a question of law or of fact which the
Board has been informed by its counsel was fundamental error or an erroneous ruling and that
further Board action is required to correct such error(s).
5.2. Appellate-type Review.
5.2.1. Each disciplinary action of the CLB is quasi-judicial. Each person or entity found
to be in violation of this Ordinance may appeal a decision of the Contractors' Licensing Board to
the Collier County Circuit Court as authorized by subsection 489.127(5)(k), Florida Statutes, in
conformity with Florida Rules of Appellate Proce, dure, and subject to mandatory prerequisite
rehearing under section 5.1, above, if the error is correctable. Such an appeal shall not be a
hearing de novo but shall be limited to appellate review of the record created before the CLB in
accord with Florida Rules of Appellate Procedure. Any appeal shall be filed with the Circuit
Court and be served on the parties within thirty (30) days of the rendition of the effective Final
Order of the Board. If there has been a re-hearing request, the appeal shall be filed with the
Circuit Court and be served on the parties within thirty (30) days of the rendition of the Board's
decision on re-hearing.
5.2.2. In the event the person or entity found to be in violation of this Ordinance should
elect to appeal, a verbatim record and transcript relevant to the case shall be as required by
Florida Rules of Appellate Procedure. It shall be the sole responsibility of the t-he person or
entity seeking such review to ensure that a record is made from which a transcript may be
prepared which includes the testimony upon which an appeal may be taken. Neither Collier
County nor the CLB shall have any responsibility to provide a verbatim record transcript of the
proceedings.
5.2.3. Subpoenas. Any party or the attorney for a party to a proceeding before the CLB
may acquire from staff free subpoenas for witnesses and/or for production of tangible evidence,
but not for any deposition. Rule 1.410 of Florida Rules of Civil Procedure apply thereto. As
used in Rule 1.410, "Court" shall mean "the CLB" and "Clerk" shall mean "county staff." Each
subpoena must be issued by the party or by an attorney for that party.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any ordinance of an applicable Municipal
Corporation or of Collier County, or with any superseding statutory provision, the more
restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or
44
Words ............ ~.. are deleted, words underlined are added.
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent p.rovision and such holding shall not affect the validity of the remaining
portion.
SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES.
The provision of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. Provisions of this Ordinance may be renumbered or
relettered to accomplish same, including the word "ordinance" may be changed to "section",
"subsection", "article", or other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this /q ~ day of ~ ~ ,2002.
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency:
Robert N. Zachary
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
This ordinance filed with the
Secretary of State's Office the
~o~day of ~,
and acknowledgerfient of that
filing received this ~day
of .~~, 7.~a... / . ,
z - Deputy Clerk ~'
H/RNZ/Ord\CLB 2002
45
Words gtr'.:c.k t~rougk are deleted; words underlined are added.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2002-21
Which was adopted by the Board of County Commissioners on
the 14th day of May, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th day
of May, 2002.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By: