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Agenda 12/10/2013 Item #17E 12/10/2013 17.E. EXECUTIVE SUMMARY Recommendation to adopt an ordinance amending 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,with an effective date of January 1,2014. OBJECTIVE: That the Board of County Commissioners (Board) adopts an ordinance amending 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. CONSIDERATIONS: During the 2013 legislative session, the Florida Legislature adopted House Bill 269, which was signed into law by Governor Rick Scott and codified as 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. A public workshop was held on July 8, 2013 with members of the Collier County Contractors' Licensing Board (CLB), Collier County staff, and the public to review Chapter 2013-193 relating to civil penalties for unlicensed activity. At their July 17, 2013 meeting, the CLB reviewed the workshop's findings, discussed Chapter 2013-193, and voted 5-0 to adopt Contractors' Licensing Board Resolution No. 2013-1 (Resolution) and to recommend that the Board amend Ordinance No. 90-105, as amended, to reflect the recent revisions to Chapter 489, Florida Statutes. Under the proposed ordinance, the penalties for unlicensed contracting activities would increase from $300 to $1,000 for the first uncontested violation, and from $500 to $2,000 for the second uncontested violation. A third uncontested violation would result in the matter being referred to the State Attorney's Office for filing of charges. As stated in the Resolution, the CLB's proposed amendments are intended to encourage compliance with contractors' licensing requirements and deter would-be violators. To that end, a provision has been added to reduce the $1,000 penalty to $300 for unlicensed contractors who are being charged with operating without a license, if they submit a completed application to become licensed within forty-five (45) days from the date of the issued citation. At its October 22, 2013 regular meeting the Board authorized staff to advertise the proposed ordinance for future consideration. FISCAL IMPACT: The cost of advertising was $259.38. Revenues generated from fines are anticipated to decrease as a result of this change and regulation. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires majority support for approval. -KN Packet Page-2608- 12/10/2013 17.E. RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance amending 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, with an effective date of January 1, 2014. 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) Contractors' Licensing Board Resolution No. 2013-1 3) Ordinance amending Ordinance 90-105 Packet Page-2609- 12/10/2013 17.E. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.E. Item Summary: Recommendation to adopt an ordinance amending 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, with an effective date of January 1, 2014. Meeting Date: 12/10/2013 Prepared By Name: PuigJudy Title: Operations Analyst, GMD P&R 11/19/2013 2:30:17 PM Submitted by Title:Management/Budget Analyst, Senior,Operations&Regulatory Management Name: KovenskyKenneth 11/19/2013 2:30:19 PM Approved By Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 11/20/2013 8:09:03 AM Name: FrenchJames Title:Director Date: 11/20/2013 12:13:01 PM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 11/20/2013 2:56:20 PM Name: NoellKevin Title: Attorney of Record(CAO) Date: 11/22/2013 2:57:14 PM Packet Page-2610- 12/10/2013 17.E. Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/25/2013 5:52:23 PM Name: KlatzkowJeff Title: County Attorney Date: 12/3/2013 9:40:55 AM Name: OchsLeo Title: County Manager Date: 12/3/2013 10:05:53 AM Packet Page-2611- 12/10/2013 17.E. r G CHAPTER 2013-193 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 ctrieken are deletions;words underlined are additions. Packet Page-2612- 12/10/2013 17.E. 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 s rieken are deletions;words underlined are additions. oak Packet Page-2613- 12/10/2013 17.E. 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:v find for provided—by the property owner '- .: ..- - :•.- - :: - - . : .- - :. :::- reeeinetieee. 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 nostmarked 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-2614- 12/10/2013 17.E. 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 fihall 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. This subsection does not apply L To plywood specified for monolithic concrete forms_; 4 CODING:Words stricken are deletions;words underlined are additions. Packet Page-2615- 12/10/2013 17.E. Ch. 2013.183 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 applyi 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 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 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 agencies shall age adept a sustainable building rating system or ase a national model green building code for each all new building bungs 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 stricken are deletions;words underlined are additions. Packet Page-2616- 12/10/2013 17.E. Aft, 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 stricken are deletions;words underlined are additions. ofla Packet Page-2617- 12/10/2013 17.E. 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 may 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 to the home submitted by a 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 completed within such time.the remodeling addition or modification to the single-family home.for the purposes of this paragraph, is approved. 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 clarii 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 is aut eriedte 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 shell not exceed $2.000 $800.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 stricken are deletions;words underlined are additions. Packet Page-2618- 12/10/2013 17.E. Alow Ch.2013-193 LAWS OF FLORIDA Ch. 2013-193 than the amount set forth on the citation but not more than$2.500$• 7900 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 28 percent of the fines they are able to collect,provided that they transmit 21.a 46 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; Amok .. • . .•. .. .. -_ : •:. - with state laws and local jurisdiction ordinances. . •_ .: - . . . .: - . : ... - . . . • K Section 11. Section 489.514, Florida Statutes, is amended to read: 489.514 Certification for registered contractors; grandfathering provi- sions.- 8 CODING:Words stiiekea are deletions;words underlined are additions. Packet Page-2619- 12/10/2013 17.E. 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, NAI/Block, 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$500 in the last 5 years. (e) Is in compliance with the insurance and financial responsibility requirements in s. 489.515(1)(b). (3) An applicant must make application by November 1,2015 2004,to be licensed pursuant to this section. Section 12. Paragraph (c) and (f) of subsection (4) of section 489.531, Florida Statutes, are amended to read: 9 CODING:Words stricken are deletions;words underlined are additions. Packet Page-2620- 12/10/2013 17.E. Ch.2013-193 LAWS OF FLORIDA Ch. 2013-193 489.531 Prohibitions; penalties.— (4) Each county or municipality may,at its option,designate one or more of its code enforcement officers, as defined in chapter 162, to enforce, as set out in this subsection,the provisions of subsection (1) against persons who engage in activity for which county or municipal certification is required. (c) The local governing body of the county or municipality m v is autheri$edte 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 $500. 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. (1) 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$590 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: Amok 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, -- .. -• . • versiea 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 stricken are deletions;words underlined are additions. Packet Page-2621- 12/10/2013 17.E. 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 is shell-be composed of 21 2 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 strieken are deletions;words underlined are additions. Packet Page-2622- 12/10/2013 17.E. 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 stricken are deletions;words underlined are additions. Packet Page-2623- 12/10/2013 17.E. 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. (xY) 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 Dior-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 strielfen are deletions;words underlined are additions. Packet Page-2624- 12/10/2013 17.E. 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) 553x 7" ;, 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 maintainedin 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 nrotective 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 atrieken are deletions;words underlined are additions. Awak Packet Page -2625- 12/10/2013 17.E. 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 N : - . - - ._ - •- - - • --- • • _ =• -. . . •. .. . - .. _ .:. .. _ -.. -, 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 purpeees-ef 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'n doses of this part.the term: x(4) "Exempted building" means: 15 CODING:Words stricken are deletions;words underlined are additions. Packet Page-2626- 12/10/2013 17.E. 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 whieh 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 Energy 14X24 "HVAC"means a system of heating,ventilating, and air-condition- ing. tfzX34 "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 premed the estimated cost of renovation exceeds 30 percent of the assessed value of the structure. 0_)(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). OX-54 "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. UX6) "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--apply 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 stricken are deletions;words underlined are additions. Packet Page-2627- 12/10/2013 17.E. 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 shell not be required to meet standards more stringent than the provisions of the Florida Building Code-Energy Conservation _ - - •- •. - -- - - • -- Genstpuetien. 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 f.gr .,shall not be required to meet standards more stringent than the provisions of the Florida Building Code-Energy Conservation HVAC equipment mounted in an attic or a garage is 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, ne 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 sly 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 shah not be required to meet standards more stringent than the provisions of the Florida Building Code- Energy Conservation : : _:- -': '- - -.: - : : ..:::- : -: :. •- tien.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 -2628- 12/10/2013 17.E. 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 shell meet the minimum efficiency ratings of the Florida Building Code-Energy Conservation -. :- - : . - • -.. _ .. •- - Genstretien. These efficiency ratings must shall be minimums and may be updated in the Florida Building Code-Energy Conservation Flericht-Energy - •- - - .• -.• • - -• ..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 pride 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 a job 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. (4)( "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 stricken are deletions;words underlined are additions. Packet Page-2629- 12/10/2013 17.E. Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193 (5) "Energy auditor" means a trained and certified professional who conducts energy evaluat'ons 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- - Gs •-n a 2 • -}A .• •" V•441 • . 0.0 '. - , - '4 •_ .k• y �a. s - building type and in the rating class_for which the rater is certified. (.8)(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. MX-5-) "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 systems 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: annual energy usage. (a)(h) Take into account local climate conditions, construction practices, and building use. (b.)(e) 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-eemps�g the relative.energy efficiency of buildings upon the sale of new or existing residential,public,or commercial buildings. interested in the cncrgy efficieney rating system or cncrgy efficiency, 19 CODING:Words stricken are deletions;words underlined are additions. Packet Page-2630- 12/10/2013 17.E. Ch. 2013-193 LAWS OF FLORIDA Ch. 2013-193 - . ._ • - • - - -'= ., Ratings may be conducted by g any local government or private entity j-previd the appropriate persons have completed the necessary training established by the applicable building energy-efficiency rating system and have been 02) The Department of Management Services shall rate state-owned or state-leased buildings ifr-previded--that the appropriate persons have completed the necessary training established by the applicable building energy-efficiency rating system :.;; ; ; • . • - • :.. -. - e - ... . . 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 andzen +, • 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 information brochure,at the time of or before prior to 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 i available for distribution -- - - ... ... ;, . - . .. . - . ._. . . . •: . . - . ... ••.. .Such information relevant to that class of building Trust include, but need not bk 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-2631- • 12/10/2013 17.E. 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) - . - • • - 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.—All ratings must shall be determined using tools and procedures developed by the systems recognized under this part adopted - . ... ... . . . - - . . . .. -- .. -e and must shell be certified by the rater as accurate and correct and in compliance with procedures of the system under which the rater is certified adeflted-by-the 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 s riekee are deletions;words underlined are additions. Packet Page-2632- 12/10/2013 17.E. 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 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, Amok safety and welfare of the citizens of Collier County. 312175.1 7/31/2013 Packet Page-2633- 12/10/2013 17.E. —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 ATTFS . By 4W y: .C�t "ichael Ossorio ICHARD JISLIN, CHAIRMAN Clerk to the CLB Approved as to form and legal sufficiency: By: mes F. Morey Attorney to the Board 312175.1 7731/2013 Packet Page-2634- 12/10/2013 17.E. 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, eluding Minor Viol ti Words Underlined are added;Words Stra eugh are deleted. u4 u�1 Page 1 of 5 Packet Page-2635- 12/10/2013 17.E. 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 one thousand ($1,000.00) dollars for the first uncontested violation and ($380-00) 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. chap issue a "Notice of Noncompliance" as the County's first response to a minor oconomic harm or physical harm to any person; and (iii) the violation has neither•- - - - - . - , - - :- . Words Underlined are added;Words Struck rough are deleted. Page 2 of 5 Packet Page-2636- 12/10/2013 17.E. .. - - _ _ : • - ' - - • - .. __ •- ;• -:•- . , - • - . 11_.• ' 11 •. • •- • 11. . • 11 {s) k1 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 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.. ( )Lc1 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. fe) 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. (ow 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 Stough are deleted. Page 3 of 5 Packet Page-2637- 12/10/2013 17.E. 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 Lek-Through are deleted. Page 4 of 5 Packet Page-2638- 12/10/2013 17.E. 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: 7/(7,e4" Kevin Noell Assistant County Attorney Words Underlined are added;Words StRiek--T-lifeugh are deleted. Page 5 of 5 Packet Page-2639- 12/10/2013 17.E. .24D )).Wednesday, November 27,2013 N NAPLES DAILY NEWS NOTICE OF MEETING NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, December 10,2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider.the • enactment of County Ordinance. The meeting will commence at 9:00 A.M. The ti- tle of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90-105, AS AMENDED, KNOWN AS THE COLDER 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. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the`'Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board.shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the . proceedin s pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the'hearing impaired -are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK • • By: Martha Vergara,Deputy Clerk (SEAL) • November77 2013 No.2007753 • • Packet Page-2640-