Agenda 10/22/2013 Item #16A 8 10/22/2013 16.A.8.
EXECUTIVE SUMMARY
Recommendation for authorization to advertise for future consideration an ordinance which would
amend Ordinance No. 90-105, as amended, known as the Collier County Contractors' Licensing
Board Ordinance,in order to apply recent revisions to Chapter 489,Florida Statutes.
OBJECTIVE: To obtain the Board of County Commissioners (Board's) authorization to
advertise for future consideration an ordinance amending the Collier County Contractors'
Licensing Board Ordinance.
CONSIDERATIONS: During the 2013 legislative session, the Florida Legislature adopted
House Bill 269, which was signed into law by Governor Rick Scott and codified at Chapter
2013-193, Laws of Florida. Chapter 2013-193 addresses several laws relating to building
construction and includes revisions to Chapter 489, Florida Statutes, which, in part, increases the
maximum civil penalty that may be levied against unlicensed contractors.
The Collier County Contractors' Licensing Board carefully reviewed and discussed Chapter
2013-193 and is recommending that the Board amend Ordinance No. 90-105, as amended, to
reflect the recent revisions to Chapter 489, Florida Statutes. A copy of the Contractors'
Licensing Board Resolution No. 2013-1 and the proposed amending ordinance are included as
back up for this agenda item. As stated in its Resolution, the Contractors' Licensing Board's
proposed amendments, which include increased civil penalties, are intended to encourage
compliance with contractor licensing requirements and deter would be violators.
FISCAL IMPACT: Cost of advertising the proposed Ordinance is approximately $300.00.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and
approved it as to form and legality, requiring majority support for approval.—KN
RECOMMENDATION: That the Board of County Commissioners authorizes advertisement
of the attached Ordinance amending the Collier County Contractors' Licensing Board Ordinance
(Ordinance No. 90-105, as amended).
Prepared By: Kenneth Kovensky, Financial and Operational Support Manager,
Operations and Regulatory Management
Growth Management Division/Planning and Regulation
Attachments: 1)House Bill 269
2) Contractor's Licensing Board Resolution No. 2013-1
3) Ordinance amending Ordinance 90-105
Packet Page-506-
10/22/2013 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation for authorization to advertise for future consideration
an ordinance which would amend Ordinance No. 90-105, as amended, known as the Collier
County Contractors' Licensing Board Ordinance, in order to apply recent revisions to Chapter
489, Florida Statutes.
Meeting Date: 10/22/2013
Prepared By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
10/9/2013 1:57:24 PM
Submitted by
Title: Management/Budget Analyst, Senior,Operations&Regulatory Management
Name: KovenskyKenneth
10/9/2013 1:57:26 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 10/9/2013 2:25:47 PM
Name: FrenchJames
Title:Director
Date: 10/9/2013 4:16:35 PM
Name:NoellKevin
Title: Attorney of Record(CAO)
Date: 10/9/2013 4:53:47 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 10/9/2013 5:12:04 PM
Packet Page-507-
10/22/2013 16.A.8.
Name: KlatzkowJeff
Title: County Attorney
Date: 10/10/2013 2:07:13 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/11/2013 12:15:59 PM
Name: OchsLeo
Title: County Manager
Date: 10/14/2013 11:05:54 AM
Packet Page-508-
10/22/2013 16.A.8.
CHAPTER 2013-193
1Dof
Committee Substitute for
Committee Substitute for House Bill No. 269
An act relating to building construction;amending s.125.022,F.S.;requiring
counties to attach certain disclaimers and include certain permit condi-
tions when issuing development permits; amending s. 162.12, F.S.;
revising notice requirements in the Local Government Code Enforcement
Boards Act; amending s. 166.033, F.S.; requiring municipalities to attach
certain disclaimers and include certain permit conditions when issuing
development permits; amending ss. 255.20 and 255.2575, F.S.; requiring
governmental entities to specify certain products associated with public
works projects; providing for applicability; amending s. 255.257, F.S.;
requiring state agencies to use certain building rating systems and
building codes for each new construction and renovation project;amending
s. 381.0065,F.S.; specifying that certain actions relating to onsite sewage
treatment and removal are not required if a bedroom is not added during a
remodeling addition or modification to a single-family home;prohibiting a
remodeling addition or modification from certain coverage or encroach-
ment;authorizing a local health board to review specific plans;requiring a
review to be completed within a specific time period after receipt of specific
plans; providing that amendments to s. 489.113(2), F.S., enacted in s. 11,
ch.2012-13,Laws of Florida,are remedial and intended to clarify existing
law; providing for retroactivity; amending s. 489.127, F.S.; revising civil
penalties; authorizing a local building department to retain 75 percent of
certain fines collected if it transmits 25 percent to the,Department of
Business and Professional Regulation;amending s.489.131,F.S.;deleting
legislative intent referring to a local agency's enforcement of regulatory
laws; deleting the definitions of"minor violation" and "notice of noncom-
pliance"; deleting provisions that provide for what a notice of noncom-
pliance should or should not include;deleting a provision that provides for
further disciplinary proceedings for certain licensees;amending s.489.514,
F.S.;extending the date by which an applicant must make application for a
license to be grandfathered;amending s.489.531,F.S.;revising maximum
civil penalties for specified violations;amending s.553.71,F.S.;providing a
definition for the term "local technical amendment"; amending s. 553.73,
F.S.; prohibiting any provision of the International Residential Code
relating to mandated fire sprinklers from incorporation into the Florida
Building Code; amending s. 553.74, F.S.; revising membership of the
Florida Building Commission; amending s. 553.79, F.S.; conforming a
cross-reference;authorizing a site plan to be maintained at the worksite as
an electronic copy; requiring the copy to be open to inspection by certain
officials; amending s. 553.842, F.S.; requiring an application for state
approval of a certain product to be approved by the department after the
application and related documentation are complete; amending ss.
553.901, 553.902, 553.903, 553.904, 553.905, and 553.906, F.S.;requiring
the Florida Building Commission to adopt the Florida Building Code-
1
CODING:Words strieken are deletions;words underlined are additions.
Packet Page-509-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
Energy Conservation; conforming subsequent sections of the thermal
efficiency code; amending s. 553.912, F.S.; requiring replacement air
conditioning systems in residential applications to use energy-saving
quality installation procedures; providing that certain existing heating
and cooling equipment is not required to meet the minimum equipment
efficiencies; amending s. 553.991,F.S.;revising the purpose of the Florida
Building Energy-Efficiency Rating Act;repealing s. 553.992,F.S.,relating
to the adoption of a rating system; amending s. 553.993, F.S.; providing
definitions; amending s. 553.994, F.S.; providing for the applicability of
building energy-efficiency rating systems; amending s. 553.995, F.S.;
deleting a minimum requirement for the building energy-efficiency rating
systems; revising language; deleting provisions relating to a certain
interest group;deleting provisions relating to the Department of Business
and Professional Regulation;amending s.553.996,F.S.;requiring building
energy-efficiency rating system providers to provide certain information;
amending s.553.997,F.S.;deleting a provision relating to the department;
amending s. 553.998, F.S.; revising provisions relating to rating compli-
ance; providing effective dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 125.022, Florida Statutes, is amended to read:
125.022 Development permits.—When a county denies an application for
a development permit,the county shall give written notice to the applicant.
The notice must include a citation to the applicable portions of an ordinance,
rule,statute,or other legal authority for the denial of the permit.As used in
this section, the term"development permit"has the same meaning as in s.
163.3164.For any development permit application filed with the county after
July 1,2012,a county may not require as a condition of processing or issuing
a development permit that an applicant obtain a permit or approval from any
state or federal agency unless the agency has issued a final agency action
that denies the federal or state permit before the county action on the local
development permit.Issuance of a development permit by a county does not
in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of
the county for issuance of the permit if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.A county
shall may attach such a disclaimer to the issuance of a development permit
and shall may include a permit condition that all other applicable state or
federal permits be obtained before commencement of the development. This
section does not prohibit a county from providing information to an applicant
regarding what other state or federal permits may apply.
Section 2. Section 162.12, Florida Statutes, is amended to read:
162.12 Notices.—
2
CODING:Words stricken are deletions;words underlined are additions.
Packet Page -510-
1
10/22/2013 16.A.8.
Ch.2013-193 LAWS OF FLORIDA Ch. 2013-193
(1) All notices required by this part must be provided to the alleged
violator by:
(a) Certified mail, return receipt requested,to the address listed in the
tax collector's office for tax notices; or to the address listed in the county
property appraiser's database. The local government may also provide an
additional notice to any other address it m:y find for previded—by the
property owner •- --: -- :-.. - ---- - - - - -- - - - -::;-
reeeiv etiees. For property owned by a corporation, notices may be
provided by certified mail to the registered agent of the corporation. If any
notice sent by certified mail is not signed as received within 30 days after the
Postmarked date of mailing,notice may be provided by posting as described
in subparagraphs (2)(b)1. and 2.;
(b) Hand delivery by the sheriff or other law enforcement officer, code
inspector, or other person designated by the local governing body;
(c) Leaving the notice at the violator's usual place of residence with any
person residing therein who is above 15 years of age and informing such
person of the contents of the notice; or
(d) In the case of commercial premises, leaving the notice with the
manager or other person in charge.
(2) In addition to providing notice as set forth in subsection (1), at the
option of the code enforcement board or the local government,notice may also
be served by publication or posting, as follows:
(a)1. Such notice shall be published once during each week for 4
consecutive weeks (four publications being sufficient) in a newspaper of
general circulation in the county where the code enforcement board is
located. The newspaper shall meet such requirements as are prescribed
under chapter 50 for legal and official advertisements.
2. Proof of publication shall be made as provided in ss.50.041 and 50.051.
(b)1. In lieu of publication as described in paragraph(a),such notice may
be posted at least 10 days prior to the hearing, or prior to the expiration of
any deadline contained in the notice,in at least two locations, one of which
shall be the property upon which the violation is alleged to exist and the
other of which shall be, in the case of municipalities, at the primary
municipal government office,and in the case of counties,at the front door of
the courthouse or the main county governmental center in said county.
2. Proof of posting shall be by affidavit of the person posting the notice,
which affidavit shall include a copy of the notice posted and the date and
places of its posting.
(c) Notice by publication or posting may run concurrently with, or may
follow,an attempt or attempts to provide notice by hand delivery or by mail
as required under subsection(1).
3
CODING:Words stricken are deletions;words underlined are additions.
Packet Page-511-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
Evidence that an attempt has been made to hand deliver or mail notice as
provided in subsection (1), together with proof of publication or posting as
provided in subsection (2), shall be sufficient to show that the notice
requirements of this part have been met,without regard to whether or not
the alleged violator actually received such notice.
Section 3. Section 166.033, Florida Statutes, is amended to read:
166.033 Development permits.—When a municipality denies an applica-
tion for a development permit,the municipality shall give written notice to
the applicant.The notice must include a citation to the applicable portions of
an ordinance, rule, statute, or other legal authority for the denial of the
permit.As used in this section,the term"development permit"has the same
meaning as ins.163.3164.For any development permit application filed with
the municipality after July 1, 2012, a municipality may not require as a
condition of processing or issuing a development permit that an applicant
obtain a permit or approval from any state or federal agency unless the
agency has issued a final agency action that denies the federal or state permit
before the municipal action on the local development permit. Issuance of a
development permit by a municipality does not in any way create any right
on the part of an applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the municipality for issuance
of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law.A municipality shall may attach
such a disclaimer to the issuance of development permits and shall may
include a permit condition that all other applicable state or federal permits
be obtained before commencement of the development.This section does not
prohibit a municipality from providing information to an applicant regarding
what other state or federal permits may apply.
Section 4. Subsection(3)of section 255.20, Florida Statutes,is amended
to read:
255.20 Local bids and contracts for public construction works; specifica-
tion of state-produced lumber.—
(3)(a) All county officials,boards of county commissioners,school boards,
city councils,city commissioners,and all other public officers of state boards
or commissions that are charged with the letting of contracts for public work,
for the construction of public bridges, buildings, and other structures must
specify in the contract lumber, timber, and other forest products produced
and manufactured in this state, if wood is a component of the public work,
and if such products are available and their price, fitness, and quality are
equal.
lh This subsection does not apply_
1 To plywood specified for monolithic concrete forms„
4
CODING:Words strieken are deletions;words underlined are additions.
Packet Page -512-
_._
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
2. If the structural or service requirements for timber for a particular job
cannot be supplied by native species,.e
3. If the construction is financed in whole or in part from federal funds
with the requirement that there be no restrictions as to species or place of
manufacture.
4. To transportation projects for which federal aid funds are available.
Section 5. Subsection(4)is added to section 255.2575,Florida Statutes,
to read:
255.2575 Energy-efficient and sustainable buildings.—
(4)(a) All state agencies.county officials,boards of county commissioners,
school boards. city councils, city commissioners. and all other public officers
of state boards or commissions that are charged with the letting of contracts
for public work.for the construction of public bridges. buildings. and other
structures must specify in the contract lumber. timber. and other forest
products produced and manufactured in this state.if wood is a component of
the public work, and if such products are available and their price, fitness.
and quality are equal_
(b) This subsection does not apply:
1. To plywood specified for monolithic concrete forms.
2. If the structural or service requirements for timber for a particular job
cannot be supplied by native species,
3. If the construction is financed in whole or jn part from federal funds
with the requirement that there be no restrictions as to species or place of
manufacture.
4. To transportation projects for which federal aid funds are available.
Section 6. Paragraph (a) of subsection (4) of section 255.257, Florida
Statutes, is amended to read:
255.257 Energy management; buildings occupied by state agencies.—
(4) ADOPTION OF STANDARDS.—
(a) Each All state agency agcncicc shall use adept a sustainable building
rating system or ese a national model green building code for each all new
building buildingo and renovation renovations to an existing building
buildings.
Section 7. Paragraph (aa) of subsection (4) of section 381.0065, Florida
Statutes, is amended to read:
381.0065 Onsite sewage treatment and disposal systems; regulation.—
5
CODING: Words striekea are deletions;words underlined are additions.
Packet Page -513-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
(4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may
not construct, repair, modify, abandon, or operate an onsite sewage
treatment and disposal system without first obtaining a permit approved
by the department. The department may issue permits to carry out this
section, but shall not make the issuance of such permits contingent upon
prior approval by the Department of Environmental Protection, except that
the issuance of a permit for work seaward of the coastal construction control
line established under s. 161.053 shall be contingent upon receipt of any
required coastal construction control line permit from the Department of
Environmental Protection.A construction permit is valid for 18 months from
the issuance date and may be extended by the department for one 90-day
period under rules adopted by the department.A repair permit is valid for 90
days from the date of issuance.An operating permit must be obtained prior to
the use of any aerobic treatment unit or if the establishment generates
commercial waste. Buildings or establishments that use an aerobic treat-
ment unit or generate commercial waste shall be inspected by the depart-
ment at least annually to assure compliance with the terms of the operating
permit.The operating permit for a commercial wastewater system is valid for
1 year from the date of issuance and must be renewed annually. The
operating permit for an aerobic treatment unit is valid for 2 years from the
date of issuance and must be renewed every 2 years. If all information
pertaining to the siting, location, and installation conditions or repair of an
onsite sewage treatment and disposal system remains the same, a
construction or repair permit for the onsite sewage treatment and disposal
system may be transferred to another person,if the transferee files,within 60
days after the transfer of ownership, an amended application providing all
corrected information and proof of ownership of the property.There is no fee
associated with the processing of this supplemental information. A person
may not contract to construct, modify, alter, repair, service, abandon, or
maintain any portion of an onsite sewage treatment and disposal system
without being registered under part III of chapter 489.A property owner who
personally performs construction, maintenance, or repairs to a system
serving his or her own owner-occupied single-family residence is exempt
from registration requirements for performing such construction, mainte-
nance, or repairs on that residence, but is subject to all permitting
requirements. A municipality or political subdivision of the state may not
issue a building or plumbing permit for any building that requires the use of
an onsite sewage treatment and disposal system unless the owner or builder
has received a construction permit for such system from the department. A
building or structure may not be occupied and a municipality, political
subdivision,or any state or federal agency may not authorize occupancy until
the department approves the final installation of the onsite sewage
treatment and disposal system. A municipality or political subdivision of
the state may not approve any change in occupancy or tenancy of a building
that uses an onsite sewage treatment and disposal system until the
department has reviewed the use of the system with the proposed change,
approved the change, and amended the operating permit.
6
CODING: Words strielkea are deletions;words underlined are additions.
Packet Page-514-
10/22/2013 16.A.8.
Ch.2013-193 LAWS OF FLORIDA Ch. 2013-193
(aa) An existing-system inspection or evaluation and assessment. or a
modification, replacement, or upgrade of an onsite sewage treatment and
disposal system is not required for a remodeling addition or modification to a
single-family home if a bedroom is not added. However. a remodeling
addition or modification to a single-family home ma _not cover any part of the
existing system or encroach upon a required setback or the unobstructed
area. To determine if a setback or the unobstructed area is impacted. the
local health department shall review and verify a floor plan and site plan of
the proposed remodeling addition or modification tome home submitted by as
remodeler which shows the location of the system.including the distance of
the remodeling addition or modification to the home from the onsite sewage
treatment and disposal system. The local health department may visit the
site or otherwise determine the best means of verifying the information
submitted. A verification of the location of a system is not an inspection or
evaluation and assessment of the system.The review and verification must
be completed within 7 business days after receipt by the local health
department of a floor plan and site plan.If the review and verification is not
compl ted within such time.the remodeling addition or modification to the
single-family home. for the purposes of this paragraph.is approve&
Section 8. The amendments to s.489,113(2),Florida Statutes.by section
11 of chapter 2012-13.Laws of Florida,are remedial in nature and intended
to clarify existing law. This section applies retroactively to any action
initiated or pending on or after March 23. 2012.
Section 9. Paragraphs (c) and (f) of subsection (5) and subsection (6) of
section 489.127, Florida Statutes, are amended to read:
489.127 Prohibitions; penalties.—
(5) Each county or municipality may,at its option,designate one or more
of its code enforcement officers, as defined in chapter 162,to enforce, as set
out in this subsection, the provisions of subsection (1) and s. 489.132(1)
against persons who engage in activity for which a county or municipal
certificate of competency or license or state certification or registration is
required.
(c) The local governing body of the county or municipality may ie
enforce codes and ordinances against unlicensed contractors
under the provisions of this subsection and may enact an ordinance
establishing procedures for implementing this subsection, including a
schedule of penalties to be assessed by the code enforcement officer. The
maximum civil penalty which may be levied may shall not exceed $2,000
$500.Moneys collected pursuant to this subsection shall be retained locally,
as provided for by local ordinance,and may be set aside in a specific fund to
support future enforcement activities against unlicensed contractors.
(f) If the enforcement or licensing board or designated special magistrate
finds that a violation exists,the enforcement or licensing board or designated
special magistrate may order the violator to pay a civil penalty of not less
7
CODING:Words strieken are deletions;words underlined are additions.
Packet Page -515-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
than the amount set forth on the citation but not more than$2.500$47000 per
day for each violation. In determining the amount of the penalty, the
enforcement or licensing board or designated special magistrate shall
consider the following factors:
1. The gravity of the violation.
2. Any actions taken by the violator to correct the violation.
3. Any previous violations committed by the violator.
(6) Local building departments may collect outstanding fines against
registered or certified contractors issued by the Construction Industry
Licensing Board and may retain la 25 percent of the fines they are able
to collect,provided that they transmit 25 percent of the fines they are able
to collect to the department according to a procedure to be determined by the
department.
Section 10. Paragraph (a) of subsection (7) of section 489.131, Florida
Statutes, is amended to read:
489.131 Applicability.—
(7)(a) It is the policy of the state that the purpose of regulation is to
protect the public by attaining compliance with the policies established in
law. Fines and other penalties are provided in order to ensure compliance;
. . . .. .. .. -••: •... . •.. - with state laws
and local jurisdiction ordinances. . • •. . . • - - _ . . ... . . .
.. ... . . . ••. -:.-•• . . .• .. . . . . . . . ... . . . ..
ingo.
Section 11. Section 489.514, Florida Statutes, is amended to read:
489.514 Certification for registered contractors; grandfathering provi-
sions.-
8
CODING:Words stricken are deletions;words underlined are additions.
Packet Page-516-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
(1) The board shall, upon receipt of a completed application,appropriate
fee, and proof of compliance with the provisions of this section,issue:
(a) To an applying registered electrical contractor, a certificate as an
electrical contractor, as defined in s. 489.505(12);er
(b) To an applying registered alarm system contractor,a certificate in the
matching alarm system contractor category,as defined in s.489.505(2)(a)or
(b); or
(c) To an applying registered electrical specialty contractor, a certificate
in the matching electrical specialty contractor category, as defined in s.
489.505(19).
(2) Any contractor registered under this part who makes application
under this section to the board shall meet each of the following requirements
for certification:
(a) Currently holds a valid registered local license in the category of
electrical contractor, alarm system contractor, or electrical specialty con-
tractor.
(b) Has,for that category,passed a written, proctored examination that
the board finds to be substantially similar to the examination required to be
licensed as a certified contractor under this part. For purposes of this
subsection, a written, proctored examination such as that produced by the
National Assessment Institute, Block and Associates, NAUBlock, Experior
Assessments, Professional Testing, Inc., or Assessment Systems, Inc., shall
be considered to be substantially similar to the examination required to be
licensed as a certified contractor. The board may not impose or make any
requirements regarding the nature or content of these cited examinations.
(c) Has at least 5 years of experience as a contractor in that contracting
category, or as an inspector or building administrator with oversight over
that category,at the time of application.For contractors,only time periods in
which the contractor license is active and the contractor is not on probation
shall count toward the 5 years required under this subsection.
(d) Has not had his or her contractor's license revoked at any time, had
his or her contractor's license suspended in the last 5 years,or been assessed
a fine in excess of$500 in the last 5 years.
(e) Is in compliance with the insurance and financial responsibility
requirements in s. 489.515(1)(b).
(3) An applicant must make application by November 1,2015 2004,to be
licensed pursuant to this section.
Section 12. Paragraph (c) and (f) of subsection (4) of section 489.531,
Florida Statutes, are amended to read:
9
CODING:Words stricken are deletions;words underlined are additions.
Packet Page-517-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
489.531 Prohibitions; penalties.—
(4) Each county or municipality may,at its option,designate one or more
of its code enforcement officers, as defined in chapter 162, to enforce, as set
out in this subsection,the provisions of subsection (1) against persons who
engage in activity for which county or municipal certification is required.
(c) The local governing body of the county or municipality in v is
aitt-herieed-te enforce codes and ordinances against unlicensed contractors
under the provisions of this section and may enact an ordinance establishing
procedures for implementing this section,including a schedule of penalties to
be assessed by the code enforcement officers. The maximum civil penalty
which may be levied may shall not exceed $2.000 $f00. Moneys collected
pursuant to this section shall be retained locally as provided for by local
ordinance and may be set aside in a specific fund to support future
enforcement activities against unlicensed contractors.
(f) If the enforcement or licensing board or designated special magistrate
finds that a violation exists,the enforcement or licensing board or designated
special magistrate may order the violator to pay a civil penalty of not less
than the amount set forth on the citation but not more than$2,500$600 per
day for each violation. In determining the amount of the penalty, the
enforcement or licensing board or designated special magistrate shall
consider the following factors:
1. The gravity of the violation.
2. Any actions taken by the violator to correct the violation.
3. Any previous violations committed by the violator.
Section 13. Present subsections(6)through(11)of section 553.71,Florida
Statutes, are redesignated as subsections(7)through(12),respectively,and
a new subsection (6)is added to that section,to read:
553.71 Definitions.—As used in this part, the term:
(6) "Local technical amendment" means an action by a local governing
authority that results in a technical change to the Florida Building Code and
its local enforcement,
Section 14. Subsection (17) of section 553.73, Florida Statutes, is
amended to read:
553.73 Florida Building Code.—
(17) A provision "-- . . . . . . . •
version of the International Residential Code relating to mandated fire
sprinklers may not be incorporated into the Florida Building Code as
adopted by the Florida Building Commission and may not be adopted as a
local amendment to the Florida Building Code. This subsection does not
10
CODING:Words strieken are deletions;words underlined are additions.
Packet Page -518-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
prohibit the application of cost-saving incentives for residential fire
sprinklers that are authorized in the International Residential Code upon
a mutual agreement between the builder and the code official. This
subsection does not apply to a local government that has a lawfully adopted
ordinance relating to fire sprinklers which has been in effect since January 1,
2010.
Section 15. Subsection(1)of section 553.74,Florida Statutes,is amended
to read:
553.74 Florida Building Commission.—
(1) The Florida Building Commission is created and located within the
Department of Business and Professional Regulation for administrative
purposes. Members are shall–be appointed by the Governor subject to
confirmation by the Senate. The commission La shall—be composed of 26 26
members, consisting of the following:
(a) One architect registered to practice in this state and actively engaged
in the profession. The American Institute of Architects, Florida Section, is
encouraged to recommend a list of candidates for consideration.
(b) One structural engineer registered to practice in this state and
actively engaged in the profession. The Florida Engineering Society is
encouraged to recommend a list of candidates for consideration.
(c) One air-conditioning or mechanical contractor certified to do business
in this state and actively engaged in the profession. The Florida Air
Conditioning Contractors Association, the Florida Refrigeration and Air
Conditioning Contractors Association, and the Mechanical Contractors
Association of Florida are encouraged to recommend a list of candidates
for consideration.
(d) One electrical contractor certified to do business in this state and
actively engaged in the profession. The Florida Electrical Contractors
Association and the National Electrical Contractors Association, Florida
Chapter,are encouraged to recommend a list of candidates for consideration.
(e) One member from fire protection engineering or technology who is
actively engaged in the profession.The Florida Chapter of the Society of Fire
Protection Engineers and the Florida Fire Marshals and Inspectors
Association are encouraged to recommend a list of candidates for considera-
tion.
(f) One general contractor certified to do business in this state and
actively engaged in the profession.The Associated Builders and Contractors
of Florida, the Florida Associated General Contractors Council, and the
Union Contractors Association are encouraged to recommend a list of
candidates for consideration.
11
CODING:Words stricken are deletions;words underlined are additions.
Packet Page-519-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
(g) One plumbing contractor licensed to do business in this state and
actively engaged in the profession. The Florida Association of Plumbing,
Heating, and Cooling Contractors is encouraged to recommend a list of
candidates for consideration.
(h) One roofing or sheet metal contractor certified to do business in this
state and actively engaged in the profession. The Florida Roofing, Sheet
Metal, and Air Conditioning Contractors Association and the Sheet Metal
and Air Conditioning Contractors National Association are encouraged to
recommend a list of candidates for consideration.
(i) One residential contractor licensed to do business in this state and
actively engaged in the profession.The Florida Home Builders Association is
encouraged to recommend a list of candidates for consideration.
(j) Three members who are municipal or district codes enforcement
officials,one of whom is also a fire official.The Building Officials Association
of Florida and the Florida Fire Marshals and Inspectors Association are
encouraged to recommend a list of candidates for consideration.
(k) One member who represents the Department of Financial Services.
(1) One member who is a county codes enforcement official.The Building
Officials Association of Florida is encouraged to recommend a list of
candidates for consideration.
(m) One member of a Florida-based organization of persons with
disabilities or a nationally chartered organization of persons with disabilities
with chapters in this state.
(n) One member of the manufactured buildings industry who is licensed
to do business in this state and is actively engaged in the industry. The
Florida Manufactured Housing Association is encouraged to recommend a
list of candidates for consideration.
(o) One mechanical or electrical engineer registered to practice in this
state and actively engaged in the profession. The Florida Engineering
Society is encouraged to recommend a list of candidates for consideration.
(p) One member who is a representative of a municipality or a charter
county.The Florida League of Cities and the Florida Association of Counties
are encouraged to recommend a list of candidates for consideration.
(q) One member of the building products manufacturing industry who is
authorized to do business in this state and is actively engaged in the
industry. The Florida Building Material Association, the Florida Concrete
and Products Association, and the Fenestration Manufacturers Association
are encouraged to recommend a list of candidates for consideration.
(r) One member who is a representative of the building owners and
managers industry who is actively engaged in commercial building
12
CODING:Words strieken are deletions;words underlined are additions.
Packet Page -520-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
ownership or management.The Building Owners and Managers Association
is encouraged to recommend a list of candidates for consideration.
(s) One member who is a representative of the insurance industry. The
Florida Insurance Council is encouraged to recommend a list of candidates
for consideration.
(t) One member who is a representative of public education.
(u) One member who is a swimming pool contractor licensed to do
business in this state and actively engaged in the profession. The Florida
Swimming Pool Association and the United Pool and Spa Association are
encouraged to recommend a list of candidates for consideration.
(v) One member who is a representative of the green building industry
and who is a third-party commission agent, a Florida board member of the
United States Green Building Council or Green Building Initiative, a
professional who is accredited under the International Green Construction
Code(IGCC),or a professional who is accredited under Leadership in Energy
and Environmental Design(LEED).
(w) One member who is a representative of a natural gas distribution
system and who is actively engaged in the distribution of natural gas in this
state. The Florida Natural Gas Association is encouraged to recommend a
list of candidates for consideration.
()(wA One member who shall be the chair.
Any person serving on the commission under paragraph(c)or paragraph(h)
on October 1,2003,and who has served less than two full terms is eligible for
reappointment to the commission regardless of whether he or she meets the
new qualification.
Section 16. Paragraph (a) of subsection (5) of section 553.79, Florida
Statutes, is amended, and subsection(18)is added to that section, to read:
553.79 Permits; applications; issuance; inspections.—
(5)(a) The enforcing agency shall require a special inspector to perform
structural inspections on a threshold building pursuant to a structural
inspection plan prepared by the engineer or architect of record. The
structural inspection plan must be submitted to and approved by the
enforcing agency before -te the issuance of a building permit for the
construction of a threshold building.The purpose of the structural inspection
plan is to provide specific inspection procedures and schedules so that the
building can be adequately inspected for compliance with the permitted
documents. The special inspector may not serve as a surrogate in carrying
out the responsibilities of the building official,the architect,or the engineer
of record. The contractor's contractual or statutory obligations are not
relieved by any action of the special inspector. The special inspector shall
determine that a professional engineer who specializes in shoring design has
13
CODING:Words stricken are deletions;words underlined are additions.
Packet Page -521-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013.193
inspected the shoring and reshoring for conformance with the shoring and
reshoring plans submitted to the enforcing agency.A fee simple title owner of
a building, which does not meet the minimum size, height, occupancy,
occupancy classification, or number-of-stories criteria which would result in
classification as a threshold building under s. 553.71(12) 55341(11), may
designate such building as a threshold building, subject to more than the
minimum number of inspections required by the Florida Building Code.
(18) For the purpose of inspection and record retention. site plans for a
building may be maintained in the form of an electronic copy at the worksite.
These plans must be open to inspection by the building official or a duly
authorized representative,as required by the Florida Building Code.
Section 17. Paragraph (a) of subsection (5) of section 553.842, Florida
Statutes, is amended to read:
553.842 Product evaluation and approval.—
(5) Statewide approval of products, methods, or systems of construction
may be achieved by one of the following methods.One of these methods must
be used by the commission to approve the following categories of products:
panel walls, exterior doors, roofing, skylights, windows, shutters, impact
protective systems, and structural components as established by the
commission by rule.A product may not be advertised,sold,offered,provided,
distributed,or marketed as hurricane,windstorm,or impact protection from
wind-borne debris from a hurricane or windstorm unless it is approved
pursuant to this section or s. 553.8425. Any person who advertises, sells,
offers,provides,distributes, or markets a product as hurricane,windstorm,
or impact protection from wind-borne debris without such approval is subject
to the Florida Deceptive and Unfair Trade Practices Act under part II of
chapter 501 brought by the enforcing authority as defined in s. 501.203.
(a) Products for which the code establishes standardized testing or
comparative or rational analysis methods shall be approved by submittal
and validation of one of the following reports or listings indicating that the
product or method or system of construction was in compliance with the
Florida Building Code and that the product or method or system of
construction is,for the purpose intended,at least equivalent to that required
by the Florida Building Code:
1. A certification mark or listing of an approved certification agency,
which may be used only for products for which the code designates
standardized testing;
2. A test report from an approved testing laboratory;
3. A product evaluation report based upon testing or comparative or
rational analysis, or a combination thereof, from an approved product
evaluation entity; or
14
CODING: Words striekea are deletions;words underlined are additions.
Packet Page -522-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
4. A product evaluation report based upon testing or comparative or
rational analysis,or a combination thereof,developed and signed and sealed
by a professional engineer or architect,licensed in this state.
A product evaluation report or a certification mark or listing of an approved
certification agency which demonstrates that the product or method or
system of construction complies with the Florida Building Code for the
purpose intended is equivalent to a test report and test procedure referenced
in the Florida Building Code.An application for state approval of a product
under subparagraph 1. or 3. must be approved by the department after the
commission staff or a designee verifies that the application and related
documentation are complete.This verification must be completed within 10
business days after receipt of the application. Upon approval by the
department, the product shall be immediately added to the list of state-
approved products maintained under subsection (13). Approvals by the
department shall be reviewed and ratified by the commission's program
oversight committee except for a showing of good cause that a review by the
full commission is necessary. The commission shall adopt rules providing
means to cure deficiencies identified within submittals for products approved
under this paragraph.
Section 18. Section 553.901, Florida Statutes, is amended to read:
553.901 Purpose of thermal efficiency code.—The Department of Busi-
ness and Professional Regulation shall prepare a thermal efficiency code to
provide for a statewide uniform standard for energy efficiency in the thermal
design and operation of all buildings statewide, consistent with energy
conservation goals,and to best provide for public safety,health, and general
welfare. The Florida Building Commission shall adopt the Florida Building
Code-Energy Conservation ti: • . - - _ - - •• • " -:•• : • t --
-. . • • • ,. • .. : .:. .. _.. ., and shall modify, revise,•
update, and maintain the code to implement the provisions of this thermal
efficiency code and amendments thereto,in accordance with the procedures
of chapter 120. The department shall, at least triennially, determine the
most cost-effective energy-saving equipment and techniques available and
report its determinations to the commission,which shall update the code to
incorporate such equipment and techniques.The proposed changes shall be
made available for public review and comment no later than 6 months before
prier–te code implementation. The term "cost-effective," as used in for
purpeses-e€this part,means cost-effective to the
consumer.
Section 19. Section 553.902,Florida Statutes,is reordered and amended
to read:
553.902 Definitions.—As used in this part,the term:
L21-44 "Exempted building" means:
15
CODING:Words strieken are deletions;words underlined are additions.
Packet Page -523-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
(a) A Any building or portion thereof whose peak design rate of energy
usage for all purposes is less than 1 watt(3.4 Btu per hour)per square foot of
floor area for all purposes.
(b) A Any building that which is neither heated nor cooled by a
mechanical system designed to control or modify the indoor temperature
and powered by electricity or fossil fuels.
(c) A Any building for which federal mandatory standards preempt state
energy codes.
(d) A Any historical building as described in s. 267.021(3).
The Florida Building Commission may recommend to the Legislature
additional types of buildings which should be exempted from compliance
with the Florida Building Code-Energy Conservation Flo•- " Energy
14X24 "HVAC"means a system of heating,ventilating, and air-condition-
ing.
1.6.)(34 "Renovated building"means a residential or nonresidential build-
ing undergoing alteration that varies or changes insulation,HVAC systems,
water heating systems, or exterior envelope conditions, if provided the
estimated cost of renovation exceeds 30 percent of the assessed value of the
structure.
L(4) "Local enforcement agency"means the agency of local government
which has the authority to make inspections of buildings and to enforce the
Florida Building Code.The term It includes any agency within the definition
of s. 553.71(5).
"Exterior envelope physical characteristics" means the physical
nature of those elements of a building which enclose conditioned spaces
through which energy may be transferred to or from the exterior.
(1)(6) "Energy performance level" means the indicator of the energy-
related performance of a building,including,but not limited to,the levels of
insulation, the amount and type of glass, and the HVAC and water heating
system efficiencies.
Section 20. Section 553.903, Florida Statutes, is amended to read:
553.903 Applicability.—This part applies shall-any to all new and
renovated buildings in the state, except exempted buildings, for which
building permits are obtained after March 15,1979,and to the installation or
replacement of building systems and components with new products for
which thermal efficiency standards are set by the Florida Building Code-
Energy Conservation - . -. - - • _ • - _.. _ - ... _. -
tien. The provisions of this part shall constitute a statewide uniform code.
16
CODING:Words striel£en are deletions;words underlined are additions.
Packet Page -524-
10/22/2013 16.A.8.
Ch.2013-193 LAWS OF FLORIDA Ch. 2013-193
Section 21. Section 553.904,Florida Statutes, is amended to read:
553.904 Thermal efficiency standards for new nonresidential buildings.
Thermal designs and operations for new nonresidential buildings for which
building permits are obtained after March 15, 1979, must shall at a
minimum take into account exterior envelope physical characteristics,
including thermal mass;HVAC, service water heating,energy distribution,
lighting, energy managing, and auxiliary systems design and selection; and
HVAC, service water heating, energy distribution, lighting, energy mana-
ging,and auxiliary equipment performance,and are shall not be required to
meet standards more stringent than the provisions of the Florida Building
Code-Energy Conservation . • . _ • - •- •• • - --- • . _ -
Construction.
Section 22. Section 553.905, Florida Statutes,is amended to read:
553.905 Thermal efficiency standards for new residential buildings.—
Thermal designs and operations for new residential buildings for which
building permits are obtained after March 15, 1979, must shall at a
minimum take into account exterior envelope physical characteristics,
HVAC system selection and configuration, HVAC equipment performance,
and service water heating design and equipment selection and are shall not
be required to meet standards more stringent than the provisions of the
Florida :uilding Code-Energy Conservation • • - - - - - • -
HVAC equipment mounted in an attic or a garage
j shall not be required to have supplemental insulation in addition to that
installed by the manufacturer. All new residential buildings, except those
herein exempted, must shall have insulation in ceilings rated at R-19 or
more, space permitting. Thermal efficiency standards do not apply to a
building of less than 1,000 square feet which is not primarily used as a
principal residence and which is constructed and owned by a natural person
for hunting or similar recreational purposes; however, ee such person may
not build more than one exempt building in any 12-month period.
Section 23. Section 553.906, Florida Statutes,is amended to read:
553.906 Thermal efficiency standards for renovated buildings.—Thermal
designs and operations for renovated buildings for which building permits
are obtained after March 15, 1979, must shall take into account insulation;
windows;infiltration;and HVAC,service water heating,energy distribution,
lighting, energy managing, and auxiliary systems design and equipment
selection and performance. Such buildings are shall not be required to meet
standards more stringent than the provisions of the Florida Building Code-
Energy Conservation : =:: --- _ -=: .:. . - : - : = .: ::-: -:-=• •
Lien.These standards apply only to those portions of the structure which are
actually renovated.
Section 24. Section 553.912, Florida Statutes, is amended to read:
17
CODING:Words stricken are deletions;words underlined are additions.
Packet Page-525-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
553.912 Air conditioners.—All air conditioners that are sold or installed
in the state must shall meet the minimum efficiency ratings of the Florida
Building Code-Energy Conservation - - _ - . - - -•• _ •. - -
Censti .These efficiency ratings must shall be minimums and may be
updated in the Florida Building Code-Energy Conservation
- - -- _.. . _ .. - . -: .r-- . : by the department in accordance
with s. 553.901,following its determination that more cost-effective energy-
saving equipment and techniques are available. It is the intent of the
Legislature that all replacement air-conditioning systems in residential
applications be installed using energy-saving, quality installation proce-
dures, including, but not limited to, equipment sizing analysis and duct
inspection. Notwithstanding this section. existing heating and cooling
equipment in residential applications need not meet the minimum equip-
ment efficiencies.including system sizing and duct sealing.
Section 25. Section 553.991, Florida Statutes, is amended to read:
553.991 Purpose.—The purpose of this part is to identify systems prime
for rating the energy efficiency of buildings.It
is in the interest of the state to encourage the consideration of the energy-
efficiency rating systems system in the market so as to provide market
rewards for energy-efficient buildings and to those persons or companies
designing,building, or selling energy-efficient buildings.
Section 26. Section 553.992. Florida Statutes. is repealed.
Section 27. Section 553.993, Florida Statutes, is amended to read:
553.993 Definitions.—For purposes of this part:
(1) "Acquisition" means to gain the sole or partial use of a building
through a purchase agreement.
(2) "Builder" means the primary contractor who possesses the requisite
skill, knowledge, and experience, and has the responsibility, to supervise,
direct, manage, and control the contracting activities of the business
organization with which she or he is connected and who has the responsi-
bility to supervise,direct,manage,and control the construction work on ajob
for which she or he has obtained the building permit. Construction work
includes, but is not limited to, foundation, framing, wiring, plumbing, and
finishing work.
(3) "Building energy-efficiency rating system" means a whole building
energy evaluation system established by the Residential Energy Services
Network, the Commercial Energy Services Network. the Building Perfor-
mance Institute, or the Florida Solar Energy Center,
a(3) "Designer" means the architect, engineer, landscape architect,
builder, interior designer, or other person who performs the actual design
work or under whose direct supervision and responsible charge the
construction documents are prepared.
18
CODING: Words strieken are deletions;words underlined are additions.
Packet Page-526-
' 10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
(5) "Energy auditor" means a trained and certified professional who
conducts energy evaluations of an existing building and uses tools to identify
the building's current energy usage and the condition of the building,and
equipment.
(6) "Energy-efficiency rating" means an unbiased indication of a build-
ing's relative energy efficiency based on consistent inspection procedures.
operating assumptions, climate data. and calculation methods.
(7) "Energy rater" means an individual certified by a building energy-
efficiency rating system to perform building energy-efficiency ratings for the
building type and in the rating class for which the rater is certified.
.(81(-4) "New building" means commercial occupancy buildings permitted
for construction after January 1, 1995, and residential occupancy buildings
permitted for construction after January 1, 1994.
12X-53 "Public building" means a building comfort-conditioned for occu-
pancy that is owned or leased by the state,a state agency,or a governmental
subdivision,including, but not limited to, a city, county, or school district.
Section 28. Section 553.994, Florida Statutes,is amended to read:
553.994 Applicability.—Building energy-efficiency The rating systema
apply to all public,commercial,and residential buildings in the
state.
Section 29. Section 553.995,Florida Statutes,is amended to read:
553.995 Energy-efficiency ratings for buildings.—
(1) Building The energy-efficiency rating systems must,system-shall at a
minimum:
(alb) Take into account local climate conditions, construction practices,
and building use.
02X-e4 Be compatible with standard federal rating systems and state
building codes and standards, where applicable, and shall satisfy the
requirements of s. 553.9085 with respect to residential buildings and s.
255.256 with respect to state buildings.
shall Provide a means of analyzing and-eempag the relative energy
efficiency of buildings upon the sale of new or existing residential,public,or
commercial buildings.
interested in•the energy efficiency rating system or energy efficiency,
19
CODING:Words stricken are deletions;words underlines'are additions.
Packet Page-527-
10/22/2013 16.A.8.
Ch. 2013.193 LAWS OF FLORIDA Ch. 2013-193
. . .. .. _ . _. . . - • ... ... • . ., Ratings may be
conducted by g any local government or private entity U--provided-that the
appropriate persons have completed the necessary training established by
the applicable building energy-efficiency rating system and--have-been
k) The Department of Management Services shall rate state-owned or
state-leased buildings ifed-mat the appropriate persons have
completed the necessary training established by the applicable building
energy-efficiency rating system : - . • - - - .- • . - ' --•• • •
(c A state agency that which has building construction regulation
authority may rate its own buildings and those it is responsible for,if the
appropriate persons have completed the necessary training established by
the applicable building energy-efficiency rating system and-have-been
-—.• - ! ... _ . - .. .. '- __ .. .. . . . The
P. ... ... . . . . .. . '- . .- .. •. . . . . . -• . . . ..
Section 30. Section 553.996, Florida Statutes, is amended to read:
553.996 Energy-efficiency information provided by building energy-
efficiency rating systems providers brochure.—A prospective purchaser of
real property with a building for occupancy located thereon shall be provided
with-a-eopy-ef-an information breehurei at the time of or before prier-te the
purchaser's execution of the contract for sale and purchase which notifies;
notifying the purchaser of the option for an energy-efficiency rating on the
building. Building energy-efficiency rating system providers identified in
this part shall prepare such information and make it available for
distribution -• - • • •• ... .-. :, .. . .
. . . . .. . . • . ...• .. ..Such
information relevant to that class of building must include, including, but
need not le limited to:
(1) How to analyze the building's energy-efficiency rating.
(2) Comparisons to statewide averages for new and existing construction
of that class.
20
CODING:Words stricken are deletions;words underlined are additions.
Packet Page-528-
10/22/2013 16.A.8.
Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193
(3) Information concerning methods to improve the building's energy-
efficiency rating.
(4) A notice to residential purchasers that the energy-efficiency rating
may qualify the purchaser for an energy-efficient mortgage from lending
institutions.
Section 31. Subsection (2) of section 553.997, Florida Statutes, is
amended to read:
553.997 Public buildings.—
(2) 41- - . ... . - _ . - State agencies having building
construction and maintenance responsibilities,shall make available energy-
efficiency practices information to be used by individuals involved in the
design,construction,retrofitting,and maintenance of buildings for state and
local governments.
Section 32. Section 553.998, Florida Statutes, is amended to read:
553.998 Compliance.—A11 ratings must shall be determined using tools
and procedures developed by the systems recognized under this part adopted
-• _ . - - . . ... •- .. . .. -! and must shall be
certified by the rater as accurate and correct and in compliance with
procedures of the system under which the rater is certified add
Section 33. Except as otherwise explicitly stated elsewhere,this act shall
take effect July 1, 2013.
Approved by the Governor June 14, 2013.
Filed in Office Secretary of State June 14, 2013.
21
CODING:Words striekea are deletions;words underlined are additions.
Packet Page-529-
10/22/2013 16.A.8.
CONTRACTORS' LICENSING BOARD
RESOLUTION NO. 2013-
A RESOLUTION OF THE CONTRACTORS' LICENSING
BOARD OF COLLIER COUNTY, FLORIDA, SETTING
FORTH ITS POSITION ON RECOMMENDING AN
AMENDMENT TO COLLIER COUNTY ORDINANCE 90-
105, AS AMENDED BY COLLIER COUNTY ORDINANCE
2006-46, IN RESPONSE TO LEGISLATIVE CHANGES
AND PROVIDING GUIDANCE AND ADVICE TO THE
BOARD OF COUNTY COMMISSIONERS AS REQUIRED
BY ORDINANCE 90-105, AS AMENDED.
WHEREAS, Collier County Ordinance 90-105, as amended specifies certain
duties for the Collier County Contractors' Licensing Board (hereafter CLB).Among those
duties is recommending changes in said ordinance and the rules surrounding it to the
Board of County Commissioners (hereafter the BCC). This letter is in furtherance of that
duty; and
WHEREAS, at a workshop held July 8, 2013 members of the CLB, County Staff,
and the public reviewed Chapter 2013-193 (Committee Report on House Bill 269)
relating to civil penalties for unlicensed activity; and
WHEREAS, at that workshop and the meeting of the CLB of July 17, 2013, the
CLB carefully reviewed and discussed Chapter 2013-193 along with proposed
amendments to Collier County Ordinance 90-105, as amended by 2006-46 in a public
forum and reached consensus on a recommendation to the BCC. The proposed
amendments are attached to this resolution; and
WHEREAS, the CLB found as follows:
1. The civil penalties set out within the attached amendment are fair and reasonable
and within the parameters set forth In the changes to Florida Statutes occasioned
by Chapter 2013-193.
2. The civil penalties are intended to encourage compliance with the contractor
licensing requirements of Collier County, Florida.
3. The level of service provided by the Contractors' licensing and enforcement
departments should be given the ability to assess reasonable civil penalties
because its enforcement activities are critical to the protection of the health,
safety and welfare of the citizens of Collier County.
312175.1 7131/2013
Packet Page -530-
10/22/2013 16.A.8.
—2— July 31, 2013
NOW THEREFORE BE IT RESOLVED BY THE CONTRACTOR LICENSING BOARD
OF COLLIER COUNTY, FLORIDA, at its regular meeting on this 17th day of July, 2013,
that the CLB recommends that the BCC review 2013-193 and the recommended
changes to the Collier County Ordinance 90-105, as amended by 2006-46, as to civil
penalties to ensure the Contractors' Licensing and Enforcement department has the
ability to assess adequate civil penalities to encourage and ensure compliance with
contractor licensing requirements.
This Resolution adopted after second and majority vote favoring same this 17th day of
July, 2013.
CONTRACTOR LICENSING BOARD
OF COL R COUNTY, FLORIDA
ATTF S
By By: C�lJ
.2
By ,
ichael Ossorio ICHARD JISLIN, CHAIRMAN
Clerk to the CLB
Approved as to form and legal sufficiency: f.
By: !` "
mes F. Morey £/ ',
Attorney to the Board
•
312175.1 7/31/2013
Packet Page -531-
10/22/2013 16.A.8.
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90-105,
AS AMENDED, KNOWN AS THE COLLIER COUNTY CONTRACTORS'
LICENSING BOARD ORDINANCE, BY AMENDING PART FOUR,
STANDARDS OF CONDUCT AND DISCIPLINE, SPECIFICALLY
SECTION 4.3, DISCIPLINARY PROCEEDINGS, INCLUDING MINOR
VIOLATIONS, IN ORDER TO APPLY RECENT REVISIONS TO
CHAPTER 489, FLORIDA STATUTES; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on December 11, 1990, the Board of County Commissioners (Board)
adopted Ordinance No. 90-105, which has become known as the Collier County Contractors'
Licensing Board Ordinance, in order to regulate the contracting industry in Collier County; and
WHEREAS, effective July 1, 2013, the Florida Legislature enacted 2013-193 Laws of
Florida, (House Bill No. 269) which amended several Florida Statutes relating to building
construction including Chapter 489, Florida Statutes; and
WHEREAS, the Board desires to amend Ordinance No. 90-105, as subsequently
amended, in order to apply the recent revisions to Chapter 489, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENTS TO PART FOUR OF ORDINANCE NO. 90-105,
AS AMENDED.
Part Four of Ordinance No. 90-105, as amended, is hereby amended as follows:
PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE.
* * * * * * *
4.3 Disciplinary Proceedings, including Minor Violations.
Words Underlined are added;Words Struck Though are deleted.
Packet Page-532-
10/22/2013 16.A.8.
4.3.1. There are three categories of violations: (i) Violations of subsection
489.127(1), Florida Statutes and/or Section 1.1 of this Ordinance, as amended; (ii)
Violations of subsection 489.132(1),Florida Statutes; and (iii) other violations within the
jurisdiction of the Contractor's Licensing Board.
(a) Subsection 489.127(1), Florida Statutes, is incorporated herein.
(Lack of required license, certificate, or registration). The following are designated to
enforce subsection 187.127(1) 489.127(1), Florida Statutes: Collier County Building
Official, all License Compliance Officers, the Chief Building Inspector, Chief Electrical
Inspector, Chief Plumbing/Mechanical Inspector, and/or other inspectors authorized from
time-to-time by the Building Official. Procedures specified in this Ordinance shall apply
except to the extent, if any, that Section 489.127 or Section 489.132, may require
different procedure(s). The penalties for each uncontested violation of subsection
489.127(1) and/or 489.132(1), Florida Statutes, are three hundred dollars ($300.00) one
thousand ($1,000.00) dollars for the first uncontested violation and five hundred dollars
($500.00) two thousand ($2,000.00) dollars for each subsequent the second uncontested
violation by the same individual or entity. In the event of a third uncontested violation.,
the Contracting Licensing Supervisor shall refer the matter to the State Attorney's Office
for filing of charges. Notwithstanding the above-referenced penalties, in the event a first
uncontested violation is the result of the violator engaging in the business or acting in the
capacity of a contractor of advertising himself or herself or a business organization as
available to engage in the business or act in the capacity of a contractor without being
duly registered or certified, the penalty shall be abated from $1,000.00 to $300.00 if the
violator submits a completed application in accordance with Section 2.1 and 2.2 of this
Ordinance within forty-five (45) days of the date of issuance of the Citation for the
violation. Penalties for contested violations of subsection 489.127(1), Florida Statutes,
are as now or hereafter specified in Section 489.127, Florida Statutes. Penalties for
contested violations of subsection 489.132(1) Florida Statutes, are as now or hereafter
specified in Section 489.132, Florida Statutes. The Citation form attached hereto as
exhibit "A" is approved, which form may be amended from time-to-time by Resolution of
the Board of County Commissioners.
(b) Minor violations: The Contractor Licensing Supervisor or designee
shall issue a "Notice of Noncompliance" as the County's first response to a minor
reasonable for staff to assume that the violator, at the time of violation, was not aware of
how to comply with the violated provision; and (ii) that violation has not then resulted in
Words Underlined are added;Words Struck Through are deleted.
Packet Page-533-
10/22/2013 16.A.8.
of any such adverse affect. The Notice of Noncompliance should identify the specific
provision and should specify a reasonably time for full compliance. The Notice of
Noncompliance shall not 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
• - - . •. - - - . •
- b
. a
i=iv l mt;rrvir.
(e) (b) Major Violations. The Contractor Licensing Supervisor, or his
designee, may initiate disciplinary proceedings against a licensed contractor for fifajer
violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier
County Board of County Commissioners or may issue a Notice of Non Compliance when
(i) it is reasonable for Staff to assume that the violator, at the time of violation, was not
aware of the provision that was violated or it can be assumed that it was not clear to the
violator how to comply with the violated provisions; and (ii) that violation has not then
resulted in economic harm or physical harm to any person..
(d) Failure of Non-State Certified Individual to Promptly Pay Penalty
to County. The Collier County Building Department should not issue any permit or any
other required authorization to any Collier County Certified individual who then has an
obligation to pay a penalty to the County imposed with finality under this Ordinance for
any violation of this Ordinance (including a citation that is not contested) and that
individual has not paid that penalty in full by the applicable deadline date, plus
reimbursement of the County's costs, such as recording fees and court costs. An appeal
of uncontested citations stays all such withholdings.
(e)(d) Failure of Non-State Certified Individual to Meet Permit
Conditions. The County's Building Department may withhold issuance of any further
permit(s) or any other authorization(s) to any individual who, or entity that, has not then
complied with any condition of all County-issued permits) 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.
(44(e) Withholding Permit Pulling Privileges of State Certified
Contractor. Before the CLB may withhold any permit pulling privilege(s) of a State
Certified Contractor, the CLB, after public hearing, must find that the Contractor violated
a provision of Section 4.2 of this Ordinance.
Words Underlined are added;Words Struck Through are deleted.
Packet Page-534-
10/22/2013 16.A.8.
4.3.2. Any person who believes that a contractor holding a Certificate of
Competency has violated this Ordinance may submit a sworn complaint to the Contractor
Licensing Supervisor, or his/her designee. The complaint shall be in substantially the
form prescribed by the Contractor Licensing Supervisor. The complaining party shall
state with particularity which section(s) of this Ordinance he or she believes has been
violated by the contractor and the essential facts in support thereof.
4.3.3. Upon the submission of a sworn complaint, the Contractor Licensing
Supervisor, or his/her designee, shall conduct a preliminary investigation and determine
whether the complaint submitted warrants the filing of formal charges. If charges are
warranted, the Contractor Licensing Supervisor, or his/her designee, shall file the
complaint with the Clerk to the Collier County Board of County Commissioners and shall
send, by certified mail, return receipt requested, a letter to the licensed contractor at his
local address, or if applicable the local agent's address, as shown by the records of the
Contractors'Licensing Board, enclosing a copy of the complaint and indicating:
a. The name of the complainant;
b. The date(s) of the commission of the alleged offense(s);
c. The section(s) of this Ordinance alleged to have been violated;
d. The range of disciplinary sanctions which may be imposed upon any
contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the
event said Board finds a violation of this Ordinance to have occurred;
e. The date, time and place at which the contractor shall appear before the
Contractor's Licensing Board for a hearing regarding the complaint. The date
scheduled shall not be sooner than twenty (20) days from the mailing date of the
certified letter.
4.3.3.1. The notice of hearing required by this Section may, in the
alternative, be accomplished by hand delivery of said notice to the contractor by the
Contractor Licensing Supervisor, or his/her designee, or by leaving said notice at the
contractor's business or usual place of residence with some person of his/her family over
15 years of age and informing such person of the contents of the notice.
* * * * * * *
Words Underlined are added;Words Struck Through are deleted.
Packet Page-535-
10/22/2013 16.A.8.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Approved as to form and legality:
Kevin Noell
Assistant County Attorney
Words Underlined are added;Words Struck Through are deleted.
Packet Page-536-