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Agenda 01/23/2018 Item #17A01/23/2018 EXECUTIVE SUMMARY Recommendation to adopt an ordinance making it unlawful to knowingly hire an unlicensed contractor. OBJECTIVE: To protect both licensed contractors and the public by creating a disincentive to hire unlicensed contractors. CONSIDERATIONS: Section 125.01 Florida Statutes, provides that the legislative and governing body of a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with the law. Hiring unlicensed contractors not only is a form of unfair competition against licensed contractors who have spent time and money to comply with all state and local requirements, including training, it also exposes the public to the potential of significant harm if incompetent, irresponsible or dishonest contractors are hired to perform the skilled work. I am not aware of any state or county rule or regulation which creates any meaningful consequence to those who knowingly hire an unlicensed contractor. The intent of this proposed ordinance is to make the knowing hire of an unlicensed contractor a County code violation, which could then be enforced in the same manner as any other code violation, including the ability to fine the violator. Hopefully this will result in the decreased use of unlicensed contractors in unincorporated Collier County. The proposed ordinance provides as follows: SECTION ONE: Application, Enforcement and Penalties. 1. It shall be unlawful for any person or entity to hire or contract with a person or entity to perform work for which a certification of competency, license or permit is required, by any ordinance of Collier County or other applicable law, and the person or entity knew, at the time of the hiring or contracting, or discovered during the course of the work being performed and allowed the person or entity to continue performing the work, that the person or entity performing the work did not hold a certificate of competency, license or permit to perform the work. 2. All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of Chapter 162, pts. I or II, Florida Statutes, as may be applicable. A law enforcement official or code enforcement officer is specifically authorized to issue a citation for each violation of this Ordinance. At its January 9, 2018 regular meeting (Agenda Item 16-H-1), the Board of County Commissioners directed the County Attorney to advertise the proposed ordinance for future consideration. FISCAL IMPACT: The cost to advertise the proposed ordinance was $211.23. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance 17.A Packet Pg. 735 01/23/2018 making it unlawful to knowingly hire an unlicensed contractor. PREPARED BY: William L. McDaniel, Jr. Commissioner, District 5 AGENDA DATE: January 23, 2018 ATTACHMENT(S) 1. Proposed Ordinance - Unlicensed Contractors (PDF) 2. Legal Ad - Agenda ID 4515 (PDF) 17.A Packet Pg. 736 01/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 4515 Item Summary: Recommendation to adopt an ordinance making it unlawful to knowingly hire an unlicensed contractor. Meeting Date: 01/23/2018 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 01/10/2018 2:38 PM Submitted by: Title: – Board of County Commissioners Name: Bill McDaniel 01/10/2018 2:38 PM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/10/2018 4:52 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2018 11:13 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/16/2018 1:00 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/16/2018 3:03 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM 17.A Packet Pg. 737 17.A.1 Packet Pg. 738 Attachment: Proposed Ordinance - Unlicensed Contractors (4515 : Unlicensed Contractors Ordinance) 17.A.1 Packet Pg. 739 Attachment: Proposed Ordinance - Unlicensed Contractors (4515 : Unlicensed Contractors Ordinance) 17.A.1 Packet Pg. 740 Attachment: Proposed Ordinance - Unlicensed Contractors (4515 : Unlicensed Contractors Ordinance) 17.A.2 Packet Pg. 741 Attachment: Legal Ad - Agenda ID 4515 (4515 : Unlicensed Contractors Ordinance)