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Agenda 02/13/2018 Item #9A02/13/2018 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 9.A Packet Pg. 29 02/13/2018 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) 3. Unlawful Licensing - Presentation (PPTX) 9.A Packet Pg. 30 02/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 4809 Item Summary: ***This item to be heard at 9:15 a.m. This item continued from the January 23, 2018 BCC Meeting *** Recommendation to adopt an ordinance making it unlawful to knowingly hire an unlicensed contractor. Meeting Date: 02/13/2018 Prepared by: Title: Manager - Technical Systems Operations – Administrative Services Department Name: Michael Cox 02/06/2018 9:00 PM Submitted by: Title: – Board of County Commissioners Name: Bill McDaniel 02/06/2018 9:00 PM Approved By: Review: County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/07/2018 7:32 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/07/2018 8:04 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/07/2018 8:07 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/07/2018 11:55 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM 9.A Packet Pg. 31 9.A.1 Packet Pg. 32 Attachment: Proposed Ordinance - Unlicensed Contractors (4809 : Unlicensed Contractors Ordinance) 9.A.1 Packet Pg. 33 Attachment: Proposed Ordinance - Unlicensed Contractors (4809 : Unlicensed Contractors Ordinance) 9.A.1 Packet Pg. 34 Attachment: Proposed Ordinance - Unlicensed Contractors (4809 : Unlicensed Contractors Ordinance) 9.A.2 Packet Pg. 35 Attachment: Legal Ad - Agenda ID 4515 (4809 : Unlicensed Contractors Ordinance) 1 www.colliercountyfl.gov Growth Management Department Contractor Licensing Section License Efficiently, Regulate Fairly Growth Management Development Services 9.A.3 Packet Pg. 36 Attachment: Unlawful Licensing - Presentation (4809 : Unlicensed Contractors Ordinance) Overview ±Contractor ±Unlicensed Contractor ±Who Requires a License ±Processing Unlicensed Contractors ±Penalties ±County’s role with proposed Ordinance 2 Growth Management Development Services 9.A.3 Packet Pg. 37 Attachment: Unlawful Licensing - Presentation (4809 : Unlicensed Contractors Ordinance) Contractor ±A qualified person who, for compensation, undertakes, or submits a bid to do any or all of the following: construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate. (CC Ord 2006-46 sec 1.6.1) ²General Contractor ²Building Contractor ²Residential Contractor 3 Growth Management Development Services 9.A.3 Packet Pg. 38 Attachment: Unlawful Licensing - Presentation (4809 : Unlicensed Contractors Ordinance) Subcontractors ±A qualified person who specializes in a construction trade and is typically hired by a contractor. (CC Ord. 2006-46 sec. 1.6.2) 4 Growth Management Development Services 16 Subcontractor Licenses ²Sheet Metal ²Roofing ²Mechanical ²Plumbing ²Electrical ²Class A, B, C Air- conditioning ²Commercial Pool/Spa ²Residential Pool/Spa ²Electrical or Plumbing Journeyman 9.A.3 Packet Pg. 39 Attachment: Unlawful Licensing - Presentation (4809 : Unlicensed Contractors Ordinance) Specialty Contractor ±A specialty contractor is the qualified person who assumes responsibility for the direction and performance of construction work requiring special skills to perform or complete specialized work. (CC Ord 2006-46 sec 1.6.3) 5 Growth Management Development Services ²Aluminum ²Fence ²Alarm System ²Floor Covering ²Cabinet ²Glass and Glazing ²Concrete Forming ²Paving ²Excavation ²Sign 48 Specialty Licenses 9.A.3 Packet Pg. 40 Attachment: Unlawful Licensing - Presentation (4809 : Unlicensed Contractors Ordinance) Unlicensed Contractor ±A person who has not been issued a current and valid Collier County Certificate of Competency or applicable State Certified License. ±It is unlawful for any person, firm, partnership, corporation or other legal entity to: ²Engage in any construction contracting business. ²Advertise or represent himself/herself or a business organization as available to engage in any construction contracting business. ²Act in the capacity of a contractor or subcontractor for any of the trades listed within CC Ord 2006-46 6 Growth Management Development Services 9.A.3 Packet Pg. 41 Attachment: Unlawful Licensing - Presentation (4809 : Unlicensed Contractors Ordinance) Addressing Unlicensed Contractors ±Stop-Work Orders ²If it should become known that a construction project is being undertaken by uncertified or nonexempt person, the Contractor Licensing Element of the Growth Management Department shall place a stop-work order on the portion of that project until such time as a certified contractor assumes supervision of the construction project. (CC Ord 2006-46 sec 1.7) ±Disciplinary Proceedings ²Include a notice of violation issued to the unlicensed contractor. (CC Ord 2006-46 sec 4.3) 7 Growth Management Development Services 9.A.3 Packet Pg. 42 Attachment: Unlawful Licensing - Presentation (4809 : Unlicensed Contractors Ordinance) Penalties (F.S. 489) 8 ±Penalties for each uncontested violation ²One thousand ($1,000.00) dollars for the first uncontested violation ²Two thousand ($2,000.00) dollars for the second uncontested violation by the same individual or entity ²Third uncontested violation, matter reffered to the State Attorney's Office ±Violator engaging in the business or acting in the capacity of a contractor without being duly registered or certified ²If the violator submits a completed application within forty -five (45) days of the date of issuance of the Citation for the violation ²Penalty reduced from $1,000.00 to $300.00 Growth Management Development Services 9.A.3 Packet Pg. 43 Attachment: Unlawful Licensing - Presentation (4809 : Unlicensed Contractors Ordinance) Florida Statute 455 ±It is illegal to knowingly hire an unlicensed contractor (Division 1 Contractors -Contractor or Subcontractor). ²If discovered by the State of Florida that a consumer knowingly hires an unlicensed contractor, they could face fines up to $5,000. ²If a licensed contractor knowingly hires an unlicensed subcontractor, that contractors license to do business may be suspended or revoked. ±Unlicensed contractors are not responsible for any damages or worker injuries that may occur during the project inasmuch as unlicensed contractors often lack general liability and workers’ compensation insurance. 9 Growth Management Development Services 9.A.3 Packet Pg. 44 Attachment: Unlawful Licensing - Presentation (4809 : Unlicensed Contractors Ordinance) Compliance Hierarchy 10 Hiring unlicensed Division 1 Contractors is regulated by F.S. 455 Growth Management Development Services Hiring unlicensed Specialty Contractors regulated by Local Code Subcontractors •Sheet Metal •Roofing •Mechanical (HVAC) •Swimming Pool •Plumber •Electrician Home Owners Specialty Contractors •Aluminum •Fence •Alarm System •Floor Covering •Cabinet •Glass and Glazing •Concrete Forming •Paving •Excavation •Sign Contractors •General •Building •Residential Included In New Ordinance 9.A.3 Packet Pg. 45 Attachment: Unlawful Licensing - Presentation (4809 : Unlicensed Contractors Ordinance) Growth Management Development Services 11 Proposed Ordinance ±Would make it illegal to knowingly hire an unlicensed specialty contractors. ±If determined by Collier County that a consumer knowingly hired an unlicensed contractor, they would be issued a notice of violation. ²Appeals would be heard by the Code Enforcement Special Magistrate ±Licensed Contractors who knowingly hire a unlicensed contractor shall be issued a notice of violation. ²Appeals would be heard by the Contractors Licensing Board. (Current practice) 9.A.3 Packet Pg. 46 Attachment: Unlawful Licensing - Presentation (4809 : Unlicensed Contractors Ordinance)