Ordinance 99-45 ORDINANCE NO. 99- 45
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS
AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD
ORDINANCE; APPLYING THIS ORDINANCE WITHIN THE CITY OF MARCO ISLAND;
AMENDING SECTION 1.4.9 REGARDING REACTIVATING A DORMANT CERTIFICATE;
AMENDING SECTION 1.6.1.1 TO LIMIT SERVICES THAT MAY BE PERFORMED BY A
GENERAL CONTRACTOR AS NOW OR HEREAFTER RESTRICTED BY FLORIDA
STATUTES; AMENDING SECTION 1.6.2.1 TO ADD DUCT CLEANING AND
SANITIZING AS AUTHORIZED SERVICES FOR SHEET METAL CONTRACTORS;
AMENDING SECTION 1.6.2.3 TO AUTHORIZE SPECIFIED DUCT CLEANING AND
SANITIZING FOR MECHANICAL CONTRACTORS~ AMENDING SECTION 1.6.2.4 TO
AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS A AIR
CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2.5 TO AUTHORIZE
SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS B AIR CONDITIONING
CONTRACTORS; AMENDING SECTION 1.6.2.6 TO AUTHORIZE SPECIFIED DUCT
CLEANING AND SANITIZING FOR CLASS C AIR CONDITIONING CONTRACTORS;
AMENDING SECTION 1.6.2.8.1 TO DELETE OBSOLETE GRANDFATHERING
PROVISION; AMENDING SECTION 1.6.2.12 TO ADD THAT ELECTRICAL
CONTRACTORS WHO ARE REGISTERED WITH THE STATE MAY CONSTRUCT
RACEWAYS FOR ALARM SYSTEMS; AMENDING SECTION 1.6.2.9.1 TO AUTHORIZE
SWIMMING POOL/SPA SERVICING CONTRACTORS TO DISASSEMBLE CERTAIN
EQUIPMENT FOR CLEANING POOL OR SPA OR TREATING WATER; ADDING
"SCREEN ENCLOSURES" TO SECTIONS 1.6.3.2. AND 1.6.3.3; AMENDING DEFINITION
OF "ALARM SYSTEM" IN SECTION 1.6.3.4; EXTENDING SECTION 1.6.3.20 TO ALL
TYPES OF WOOD FLOORING; ADDING "SPRAYED-ON FIRE RESISTIVE MATERIALS"
TO SECTION 1.6.3.23; ADDING PREVIOUSLY "RESERVED" SECTION 1.6.3.29 NOW
ENTITLED "PAVING BLOCKS CONTRACTOR"; ADDING PREVIOUSLY "RESERVED"
SECTION 1.6.3.39 - NOW ENTITLED "EXTERIOR COVERING BY ARTIFICIAL STUCCO
SYSTEM CONTRACTOR"; AMENDING SECTION 1.6.3.47 TO AUTHORIZE
UNDERGROUND UTILITY AND EXCAVATION CONTRACTORS TO PERFORM
SERVICES BY SPECIFIED MEANS, TO INSTALL SLEEVES FOR PARKING LOT
CROSSINGS AND TO INSTALL SPECIFIED NON-ELECTRICAL UNDERGROUND
CONDUITS; AMENDING SECTION 2.9 CHANGING "INACTIVE" TO "DORMANT";
AMENDING SECTION 2-10 RESTRICTED CERTIFICATES OF COMPETENCY;
AMENDING SECTION 3.1.1 TO REQUIRE THAT THREE MEMBERS OF THE CLB MUST
BE CONSUMER REPRESENTATIVE MEMBERS; AMENDING SECTION 3.1.2 TO
INCORPORATE BY REFERENCE MOST PROVISIONS OF ORDINANCE NO. 86-41, AS
AMENDED; DELETING SECTIONS 3.1.3 AND 3.1.4; CLARIFYING SECTION 4.2.3 -
FRAUD AND OTHER INTENTIONAL VIOLATIONS IN OTHER JURISDICTIONS;
AMENDING SUBSECTION 4.3.4.4 - "NOTICE" TO CONTRACTORS; ADDING
SUBSECTIONS (d) AND (e) TO SECTION 4.3.1 TO AUTHORIZE STAFF TO DENY
ISSUING PERMITS AND OTHER AUTHORIZATIONS TO COUNTY CERTIFICATED
PERSONS WHO FAIL TO PROMPTLY PAY A PENALTY UNDER THIS ORDINANCE OR
WHO FAIL TO COMPLY WITH ANY CURABLE PERMIT CONDITION; ADDING
SUBSECTION (f) TO SECTION 4.3.1 - DENIAL OF ISSUANCE OF A PERMIT TO A STATE
CERTIFICATED CONTRACTOR REQUIRES A PUBLIC HEARING; AMENDING SECTION
5.1 REHEARINGS AND APPELLATE-TYPE REVIEW BY A COURT; ADDING A NEW
SECTION 5.2.3 SUBPOENAS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, effective October 1, 1998, the Florida Legislature enacted Chapter 98-
419, Laws of Florida, amending several Florida Statutes that control regul.~ation o_.f most
tractor trades regulated by the Count~/s Contractors' Licensing Board; an
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WHEREAS, some of those statutory amendments mandate that amendments must be
made to this Ordinance (in the following Sections): 1.6.2.1., 1.6.2.3., 1.6.2.4., 1.6.2.5.,
1.6.2.6., 1.6.2.9.1., 1.6.2.12., 1.6.3.3., 1.6.3.4., 1.6.3.47, and 3.1.1; and
WHEREAS, other provisions of this Ordinance are being amended at the discretion
of the Board of County Commissioners upon recommendations from Staff, including
applying this Ordinance to the City of Marco Island in conjunction with a interlocal
agreement between the County and that City.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ORDINANCE NO. 90-105, AS AMENDED, IS HEREBY AMENDED
AS FOLLOWS:
PART ONE: CERTIFICATES OF COMPETENCY REQUIRED.
1.1. Unlawful to Contract without a Certificate of Competency. It shall be
unlawful for any person, firm, partnership, corporation or other legal entity to: engage in
any construction contracting business, advertise or represent himself/herself or a business
organization as available to engage in any construction contracting business, or act in the
capacity of a contractor or subcontractor for any of the trades listed in Section 1.6 of this
Ordinance, within the unincorporated area of Collier County and the incorporated area
within the boundaries of the City of Naples and within the City. of Marco Island, without
having first made application for and having been issued a current and valid Collier
County/City of .~.~cF!cc Certificate of Competency or an applicable State Certified License.
Nothing herein shall be construed to mean that there cannot be employees in a trade who
are not qualified or certified within the definitions herein set forth if such employees are
employed by a licensed contractor who exercises supervision and control over said
employees. Indicia of an employment relationship shall include the employer's regular
payment of wages and compensation, FICA deductions, tax withholding and provision of
Workers' Compensation to the employees, all as prescribed by law.
1.2. Building Permits.
1.2.1. No building permit shall be issued for the construction, alteration, or repair
of any structure unless the applicant for the permit possesses a current Collier County/City
"'~ k~"'-~"" Certificate of Competency, an applicable State Certified License, or is exempt
from the operation of this Ordinance.
1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to
use said permit with the intent to aid or abet an unlicensed contractor to perform the
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permitted construction, alteration, or repair. Such conduct shall be punishable as a
violation of this Ordinance and the permit and inspection shall be considered invalid for
that portion of the construction related to the violation.
1,3. Exemptions.
1.3.1. Owner-Builders. Owners of property when actin8 as their own contractor
and providing all material supervision themselves, when building or improving farm
outbuildings or one-family or two-family residences on such property for the occupancy or
use of such owners and not offered for sale or lease. In all actions brought under Section
1.1 of this Ordinance, proof of the sale or lease, or offering for sale or lease, of a structure
by the owner-builder within 12 months after issuance of a Certificate of Occupancy is
prima facie evidence that the construction was undertaken for purposes of sale or lease.
This does not exempt any person who is employed by such owner and who acts in the
capacity of a contractor. This exemption does not apply to any type of commercial
buildin8. To qualify for exemption under this Subsection, an owner must personally
appear and sign the building permit application. An owner-builder will be issued a
maximum of one (1) owner-builder permit for the construction of a one-family or
two-family home in any three (3) year period. An owner-builder applyin8 for or receiving
more than one Buildin8 Permit for the construction of a one-family or two-family home in
any three (3) year period shall be prima facie evidence of buildinFJcontractin8 without a
license which is a violation of this ordinance.
1.3.2. Public Works. The provisions of this Ordinance shall not apply to: any
construction, alteration, improvement, or repair carried on within the limits of any site the
title to which is in the United States or with respect to which federal law supersedes this
Ordinance; or to an authorized employee of the United States, this State, or any
municipality, county, or other political subdivision if the employee does not hold himself
out for hire or otherwise en8a8e in contractin8 except in accordance with his employment.
1.3.3. Persons Holdin8 Current State Certified Certificates of Competency. Any
person holdin8 a current State of Florida Certified Certificate of Competency is exempt
from obtainin8 a Collier County/City ''~ k,.,,j,,, Certificate of Competency for that trade for
which he/she is certified by the State, unless a local license is also required. Such person
is required to possess a current occupational license issued by the Tax Collector of Collier
County, and his/her performance as a contractor shall be subject to all other requirements
of this Ordinance not in conflict with applicable Florida law.
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1.4. Renewal of Certificates of Competency.
1.4.1. Certificates of Competency shall expire annually at midnight on September
30th of each year.
1.4.2. The Contractor Licensing Supervisor shall direct the mailing of renewal
notices to all licensed contractors at least one month prior to the expiration date of the
licenses.
:3.. 4.3. Applicants for renewal must present the Contractor Licensing Supervisor or
his/her designee with the following: -
A. Evidence of insurance as required by this Ordinance.
B. A current Collier County and/or City c.~ .k.~.~p!c~ occupational license,
as applicable.
1.4.4. Any individual or business organization failing to renew his or its Certificate
of Competency prior to midnight on September 30th of each year shall have until midnight
December 31st of the same year to renew his or its Certificate of Competency, provided
however, that in addition to payment of the standard renewal fee as required by this
Ordinance, the applicant shall be charged a late fee in accordance with the schedule of
fees and charges adopted by resolution pursuant to Section 2.1.5 of this Ordinance.
1.4.5. Should September 30th or December 31st be a Saturday, Sunday, or legal
holiday, the renewal period shall not expire until midnight of the next working day.
1.4.6. Any individual failing to renew his Certificate of Competency prior to
December 31st shall be required to make reapplication pursuant to Part Two of this
Ordinance.
1.4.7 Any individual who fails to renew his/her Certificate of Competency prior to
December 31 of the year in which it expires shall have a delinquent Certificate of
Competency.
1.4.8 Any individual who renews his/her Certificate of Competency by September
30 of the year following its expiration, but after December 31 of that year, shall have a
suspended Certificate and thereby must pay an additional late fee in_accordance with the
schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and
must reapply in_full including updated credit reports and all other documentation required
in Section 2 herein, but no re-testing shall be required.
1.4.9. Any individual who fails to renew his/her Certificate of Competency prior to
December 31 of the year following its expiration shall thereby automatically have a
Certificate of Competency that is null and void. To acquire a valid Certificate from the
County the individual must pay the then applicable full application fee in accordance with'
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the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein,
and must submit an entire new application. If, as of the date of receipt by the County of
said new application, three (3) years have passed since the date of his/her most recent
examination that the individual passed to acquire the former Certificate, that individual
must pass all then applicable testing requirements. If the request is to reactivate a dormant
Certificate: the re-testint_ reouirement can be waived bv staff if the applicant proves that
he/she has been active in the trade in another .iurisdiction~ or has been active as an
inspector or investigator in the trade:.. or for other valid reason that would render. such re-
testing superfluous.
1.5. Contractors' Identification Required on all Advertising Mediums.
1.5.1. All contractors licensed under the provisions of this Ordinance shall be
required to firmly affix and/or to display the qualifier's Certificate of Competency Number
and the "Doing Business As" Name on all advertising mediums used by the contractor,
including but not limited to, contracts, brochures, business cards and vehicles used in their
trade or business. The minimum height of each number or letter affixed to and displayed
on vehicles shall be two (2) inches.
1.6. Definitions and Contractor Qualifications.
1.6.1. Contractor means the person who is qualified for and responsible for the
entire project contracted for and, except for those herein exempted, the person who, for
compensation, undertakes to, or submits a bid to, or does himself or by others, any or all of
the following construct, repair, alter, remodel, add to, demolish, subtract from, or improve
any building or structure, including related improvements to real estate, for others, or for
resale to others, as hereinafter defined in Sections 1.6.1 through 1.6.3 of this Ordinance.
1.6.1.1. General Contractor requires forty-eight (48) months experience with a
passing grade on a six (6) hour test and a two (2) hour business and law test and means a
contractor whose services are unlimited as to the type of work which he/she may do,
except as provided in this Ordinance Qr in the Florida Statutes.
NOTE: Also see Sect. 1.6.2.
1.6.1.2. Building Contractor requires forty-eight (48) months experience with a
passing grade on a six (6) hour test and a two (2) hour business and law test and means a
contractor whose services are limited to construction of commercial buildings and
single-dwelling or multiple-dwelling residential buildings, which commercial or residential
buildings do not exceed three stories in height, and accesson/use structures in connection
therewith or a contractor whose services are limited to remodeling, repair, or improvement
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of any size building if the services do not affect the structural members of the building.
NOTE: Also see Sect. 1.6.2.
1.6.1.3. Residential Contractor requires forty-eight (48) months experience with a
passing grade on a six (6) hour test and a two (2) hour business and law test and means a
contractor whose services are limited to construction, remodeling, repair, or improvement
of one-family, two-family, or three-family residences not exceeding two stories in height
and accessory use structures in connection therewith.
NOTE: Also see Sect. 1.6.2. -'
1.6.1.4. Contractor qualifications for practice and restrictions. A general, building,
or residential contractor shall not be required to subcontract the installation, or repair made
under warranty, of wood shingles, wood shakes, asphalt or fiberglass shingle roofing
materials on a new building of his own construction. Further, a general contractor on new
site development work, site redevelopment work, mobile home parks, and commercial
properties, shall not be required to subcontract the construction of the main sanitary sewer
collection system, the storm water collection system, and the water distribution system, not
including the continuation of utility lines from the mains to the buildings. Further, as to
mobile home parks, the general contractor shall not be required to subcontract the
continuation of utility lines from the mains, and the continuations are to be considered a
part of the main sewer collection and main water distribution systems. However, no
general, building or residential contractor state certified after 1973, shall act as, hold
himself/herself out to be, or advertise himself/herself to be a roofing contractor unless
he/she is certified or registered as a roofing contractor.
1.6.1.5. A general, building, or residential contractor, except as otherwise
provided in this part, shall be responsible for any construction or alteration of a structural
component of a building or structure, and any certified general contractor or certified
underground utility and excavation contractor may perform clearing and grubbing, grading,
excavation, and other site work for any construction project in the state. Any certified
building contractor or certified residential contractor may perform clearing and grubbing,
grading, excavation, and other site work for any construction project in this state, limited to
the lot on which any specific building is located.
1.6.1.6. A general contractor shall not be required to subcontract structural
swimming pool work.
1.6.2. Subcontracting; Subcontractors. A contractor shall subcontract the electrical,
mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for
which a local examination for a Certificate of Competency or a license is required, unless
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such contractor holds a Certificate of Competency or license of the respective trade
category, as required by the appropriate local authority.
1.6.2.1. Sheet Metal Contractor requires twenty-four (24) months experience and a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test and means any person whose services are unlimited in the sheet metal trade and
who has the experience, knowledge, and skill necessary for the manufacture, fabrication,
assembling, handling, erection, installation, dismantling, conditioning, adjustment,
insulation, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or
nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other
materials, including, but not limited to, fiberglass, used in lieu thereof and of air-handling
systems including the setting of air-handling
equipment and reinforcement of same and including the balancing of air-handling systems
and any duct cleanin_~ and equipment sanitizin_~ which requires at least a partial
disassembly of the system. This definition and qualifications does not include roofing.
1.6.2.2. Roofing Contractor requires thirty-six (36) months experience, a passing
grade on a three (3) hour test and a passing grade on a two (2) hour business and law test
and means any person whose services are unlimited in the roofing trade and who has the
experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when
not prohibited by law, and use materials and items used in the installation, maintenance,
extension, and alteration of all kinds of roofing and roof waterproofing and coating, except
when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life
of the roof.
1.6.2.3. Mechanical Contractor requires forty-eight (48) months experience as a
licensed Journeyman or equivalent, a passing grade on a six (6) hour test and a passing
grade on a two (2) hour business and law test and means any person whose services are
unlimited in the execution of contracts requiring the experience, knowledge, and skill to
install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law,
central air conditioning, refrigeration, heating, and ventilating systems, including duct
work in connection with a complete system only to the extent such duct work is performed
by the contractor as is necessary to make complete an air-distribution system, boiler and
unfired pressure vessel systems, lift station equipment and piping, and all appurtenances,
apparatus, or equipment used in connection therewith; and any duct cleanin_~ and
~quipment sanitizing which requires at least a partial disassembly of the system; and to
install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law,
piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic
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control piping, gasoline tanks and pump installations and piping for same, standpipes, air
piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel
transmission lines, and natural gas fuel lines within buildings; to disconnect or reconnect
power and low voltage heating, ventilating, and air conditioning control wiring on the load
side of an existinS electrical disconnect switch; and to install a condensate drain from an
air conditioninS unit to an existing safe waste or other approved disposal other than a
direct connection to a sanitary system. The scope of work for such contractor shall also
include any excavation work incidental thereto, but shall not include any work such as
liquefied petroleum gas fuel lines within buildings, potable water lines or connections
thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring.
1.6.2.4. Class A Air Conditioning Contractor requires thirty-six (36) months
experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour
test and a passing grade on a two (2) hour business and law test and means any person
whose services are unlimited in the execution of contracts requiring the experience,
knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when
not prohibited by law, central air conditioning, refrigeration, heating, and ventilating
systems, including duct work in connection with a complete system only to the extent such
duct work is performed by the contractor as is necessary to make complete an air
distribution system, boiler and unfired pressure vessel systems and all appurtenances,
apparatus, or equipment used in connection therewith; and any duct cleaning and
equipment sanitizing which requires at least a partial disassembly of the system; to install,
maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping,
insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control
piping; to disconnect or reconnect power wiring and low voltage heating, ventilating, and
air conditioning control wiring on the load side of an existing electrical disconnect switch;
and to install a condensate drain from an air conditioning unit to an existing safe waste or
other approved disposal other than a direct connection to a sanitary system. The scope of
work for such contractor shall also include any excavation work incidental thereto, but
shall not include any work such as liquefied petroleum or natural gas fuel lines within
buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool
piping and filters, or electrical power wiring on the line side of the disconnect switch.
1.6.2.5. Class B Air Conditioning Contractor requires thirty-six (36) months
experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour
test and a passing grade on a two (2) hour business and law test and means any person
whose services are limited to twenty-five (25) tons of cooling and five hundred thousand
Words added are underlined; words deleted are ~t,"_'~k
(500,000) BTU of heating in any one system in the execution of contracts requiring the
experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or
design, when not prohibited by law, central air conditioning, refriSeration, heatinS, and
ventilating systems, including duct work in connection with a complete system only to the
extent such duct work is performed by the contractor as is necessary to make complete an
air distribution system being installed under this classification; and any duct cleanin~ and
equipment sanitizin~ which requires at least a partial disassembly of the system~ to install,
maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and
insulation of pipes, vessels, and ducts; to disconnect or reconnect power wiring and low
voltage heating, ventilating, and air conditioning control wiring on the (oad side of an
existing electrical disconnect switch; and to install a condensate drain from an air
conditioning unit to an existing safe waste or other approved disposal other than a direct
connection to a sanitary system. The scope of work for such contractor shall also include
any excavation work incidental thereto, but shall not include any work such as liquefied
petroleum or natural gas fuel lines within buildings, potable water lines or connections
thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring
on the line side of the disconnect switch.
1.6.2.6. Class C Air Conditioning Contractor requires twenty-four (24) months
experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour
test and a passing grade on a two (2) hour business and law test and means any person
whose business is limited to the servicing of air conditioning, heating, or refrigeration
systems, including duct alterations in connection with those systems he/she is servicing,
which may include duct cleaning and equipment sanitizin~ which requires at least a partial
disassembly of the system.
1.6.2.6.1. Journeyman Air Conditioning License Holder requires four (4) years as
apprentice, a passing grade on a six (6) hour test, and means those qualified to perform
work in the Air Conditioning Trade while employed or supervised by an air conditioning or
mechanical contractor. This provision does not apply to any individual who then holds a
valid, active journeyman's license in the mechanical trade and that license was issued by
any Florida County or Florida Municipality when that licensee complied with all
reciprocity criteria of Section 489.1455, F.S.
1.6.2.7. Commercial Pool/Spa Contractor requires thirty-six (36) months experience
with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business
and law test and means any person whose scope of work involves, but is not limited to, the
construction, repair, water treatment, and servicing of any swimming pool or hot tub or
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spa, whether public, private, or otherwise, regardless of use. The scope of such work
includes layout, excavation, operation of construction pumps for dewatering purposes,
steelwork, installation of light niches, construction of floors, guniting, fiberglassing,
installation of tile and coping, installation of river rock, Spray Crete®, Keystone®, and
other substantially similar types of deck coatings in conjunction with the construction of
the deck, application of Marcite® or other similar types of coatings to the interior of the
pool, spa or other water structure, installation of all perimeter and filter piping, installation
of all filter equipment and chemical feeders of any type, plastering of the interior,
construction of decks, construction of equipment rooms or housing for pool equipment,
installation and/or construction of waterfalls and fountains, and installation of package pool
heaters. However, the scope of such work does not include direct connections to a
sanitary sewer system, potable water lines or to any electrical installation.
1.6.2.8. Residential Pool/Spa Contractor requires twenty4our (24) months
experience with a passing grade on a three (3) hour test and a passing grade on a two (2)
hour business and law test and means any person whose scope of work involves, but is not
limited to, the construction, repair, water treatment, and servicing of any residential
swimming pool or hot tub or spa, regardless of use. The scope of such work includes
layout, excavation, operation of construction pumps for alewatering purposes, steelwork,
installation of light niches, construction of floors, guniting, fiberglassing, installation of tile
and coping, installation of river rock, Spray Crete®, Keystone®, and other substantially
similar types of deck coatings in conjunction with the construction of the deck, application
of Marcite® or other similar types of coatings to the interior of the pool, spa or other water
structure, installation of all filter equipment and chemical feeders of any type, plastering of
the interior, construction of decks, installation of housing for pool equipment, installation
and/or construction of waterfalls and fountains, and installation of package pool heaters.
However, the scope of such work does not include direct connections to a sanitary sewer
system, potable water lines or to any electrical installations.
1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contractor requires twenty-
four (24) months experience with a passing grade on a two (2.) hour business and law test
and means any person whose scope of work is limited to the construction of non-
recreational ponds, waterfalls and/or fountains. However, the scope of such work does not
include direct connections to a sanitary sewer system, potable water lines, or to any
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1.6.2.9. Swimming Pool/Spa Servicing/Repair Contractor requires 24 months
experience with a passing grade on a three (3) hour test and a passing grade on a two (2)
hour business and law test and means any person whose scope of work includes servicing,
repair, maintenance, or water treatment of any public or private swimming pool, hot tub or
spa, and, subject to Section 487.0437, F.S., may include direct infusion of chlorine gas.
The scope of such work may include any necessary piping and repairs, replacement and
repair of existing equipment, or installation of new additional equipment as necessary.
The scope of such work includes the reinstallation of tile and coping, repair and
replacement of all piping, filter equipment, and chemical feeders of any type, replastering,
reconstruction of decks, and reinstallation or addition of pool heaters.
1.6.2.9.1. Swimming Pool/Spa Servicing Contractor requires twenty-four (24)
months experience with a passing grade on a two (2) hour business and law test and means
any person whose scope of work includes servicing or water treatment of any public or
private swimming pool, hot tub or spa, and, subject to Section 487.0437, F.S., may include
direct infusion of chlorine gas. These contractors may disassemble equipment permanently
attached to or associated with the res.oective .oool or spa for the .our.Dose of water treatment
Qr cleaning the .POOl or S.Da.
1.6.2.10. Journeyman Plumber License Holder requires (4) years as apprentice, a
passing grade on a six (6) hour test, and means those qualified to perform work in the
plumbing trades while employed or supervised by a plumbing contractor. This
provision does not apply to any individual who then holds a valid, active journeyman's
license in the plumbing trade and that license was issued by any Florida County or Florida
Municipality when that_licensee complied with all reciprocity criteria of Section 489.1455,
F.S.
1.6.2.11. Plumbing Contractor requires twenty-four (24) months experience as a
licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing
grade on a two (2) hour business and law test and means any person whose contracting
business consists of the execution of contracts requiring the experience, financial means,
knowledge, and skill to install, maintain, repair, alter, extend, or when not prohibited by
law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend,
or, when not prohibited by law, design the following without obtaining any additional
local regulatory license, certificate, or registration: sanitary drainage or storm drainage
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Words added are ~; words deleted are :L"ack *~rcu~.
facilities; venting systems; public or private water supply systems; septic tanks; drainage
and supply wells; swimming pool piping; irrigation systems; or solar heating water systems
and all appurtenances, apparatus, or equipment used in connection therewith, including
boilers and pressure process piping and including the installation of water, natural gas
(excluding liquid petroleum gases), and storm and sanitary sewer lines; and water and
sewer plants and substations. The scope of work of the plumbing contractor also includes
the design, when not prohibited by law, and installation, maintenance, repair, alteration, or
extensions of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and
all related medical gas systems; fire line standpipes and fire sprinklers to the extent
authorized by applicable law; ink and chemical lines; fuel oil and gasoline piping, except
bulk storage plants; and pneumatic control piping systems, all in such a manner as to
comply with all plans, specifications, codes, laws, and regulations applicable. The scope
of work of the plumbing contractor shall apply to private property and public property,
shall include any excavation work incidental thereto, and shall include the work of the
specialty plumbing contractor. Such contractor shall subcontract, with a qualified
contractor in the field concerned, all other work incidental to the work but which is
specified herein as being the work of a trade other than that of a plumbing contractor.
1.6.2.11.1. Journeyman Electrician requires four (4) years as an apprentice, a
passing grade on a six (6) hour test, and means those persons qualified to perform work in
the electrical trades while employed or supervised by an electrical contractor. This
provision does not apply to any individual who then holds a valid, active journeyman's
license in the electrical trade and that license was issued by any Florida County or Florida
Municipality when that licensee complied with all reciprocity criteria of Section 489.5335,
F. 5.
1.6.2.12. Electrical Contractor requires twenty-four (24) months experience as a
licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing
grade on a two (2) hour business and law test and means a person who conducts business
in the electrical trade field and who has the experience, knowledge, and skill to install,
repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures,
appliances, apparatus, raceways (includin_~ alarm system raceways if the contractor is then
re_~istered with the State), conduit, or any part thereof, which generates, transmits,
transforms, or utilizes electrical energy in any form, including the electrical installations
and systems within plants and substations, all in compliance with applicable plans,
specifications, codes, laws, and regulations. The term means any person, firm, or
corporation that engages in the business of electrical contracting under an express or
'12-
Words added are ~; words deleted are :~.:'~ =%rc::gh.
implied contract; or that undertakes, offers to undertake, purports to have the capacity to
undertake, or submits a bid to engage in the business of electrical contracting; or that does
itself or by or through others engage in the business of electrical contracting. The term
electrical contractor does not qualify any person, firm or corporation for the installation of
fire alarms which requires a separate state license.
1,6.3. Specialty Contractor means any person who assumes responsible charge and
direction in the performance of construction work requiring special skills, and whose
principle contracting business involves the use of specialized building trades and crafts
usually a minor part of a complete structure. Available categories of Specialty Contractors
and their requirements are:
1.6.3.1. Acoustical Contractor requires twenty-four (24) months experience with a
passing grade on a two (2) hour business and law test and means any person who is
qualified to install, maintain, repair, and alter acoustical materials. The scope of work
permitted under this classification shall include, but not be limited to, the installation of
grid work used to support acoustical panels, including luminous ceiling panels.
1.6.3.2. Aluminum Contractor Including Concrete requires twenty-four (24) months
experience with a passing grade on a three (3) hour test and a passing grade on a two (2)
hour business and law test and means those who are qualified to fabricate, install,
maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings,
security shutters, gutters, softits and prefabricated rooms and portable metal or vinyl
partitions. These contractors may form, place on grade reinforcing steel and miscellaneous
steel, and pour, place, and finish non-structural concrete incidental to an aluminum
accessory structure only, on grade only, and screen enclosures.
1.6.3.3. Aluminum Contractor requires twenty-four (24) months experience with a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test and means those who are qualified to fabricate, install, maintain, repair, alter, or
extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits
and prefabricated rooms, screen enclosures~ and portable metal or vinyl partitions.
1.6.3.4. Alarm System Contractor requires twenty~four (24) months experience with
a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test and means a person whose business includes the execution of contracts requiring
the ability, experience, science, knowledge, and skill to lay out, fabricate, install, maintain,
alter, repair, monitor, inspect, replace, or service alarm systems for compensation.
a. Alarm System Contractor I means an alarm system contractor whose
business includes all types of alarm systems for all purposes.
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Words added are underlined; words deleted are ~L~,,-~
b. Alarm System Contractor II means an alarm system contractor whose
business includes all types of alarm systems other than fire, for all purposes.
c. Alarm System means any electrical device, si_~nalin~ device: or
combination of electrical devices used to signal or detect a ~;~'
in th= =v=nt ~f a burglary, fire, robbery, or medical emergency, .e,: .e.q:~p.m.=nt failu:e..
d. Burglar Alarm Contractor means an alarm system contractor whose
business is limited to the installation of burglar alarms in single-family homes and
two-family homes, mobile homes, and small commercial buildings having a square footage
of not more than 5,000 square feet.
1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months
experience with passing grade on a two (2) hour business and law test and means any
person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust,
alter, extend, and design cabinets and millwork. The scope of permitted work shall
include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets,
counter tops, office furniture, and millwork items which have been manufactured for
installation on job site locations.
1.6.3.6. Carpentry Contractor requires thirty-six (36) months experience with a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test and means those who have the knowledge and skill to install any wood and metal
products including, but not limited to, rough framing, wood structural wood and metal
non-structural trusses, sheathing, paneling, trim, metal framing, and cabinetry.
1.6.3.7. Garage doors Installation Contractor requires twelve (12) months
experience with a passing grade on a two (2) hour business and law test and means any
person who is qualified to install, repair, adjust or extend garage doors.
1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor
means any person who possesses a valid license as an Air Conditioning Contractor, Class A
or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install
exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood
which is to be installed includes a fire suppression system, the contractor shall be certified
by the Florida State Fire Marshal's office.
1.6.3.9. Concrete Forming and Placing Contractor requires thirty-six (36) months
experience with a passing grade on a three (3) hour test and a passing grade on a two (2)
hour business and law test and means those who are qualified to batch and mix aggregates,
cement, and water to agreed specifications, to construct forms and framework for the
'14-
Words added are ~; words deleted are 5~.:'~ ~r~ug~.
casting and shaping of concrete to place miscellaneous embedded steel and to pour, place,
and finish concrete. This category does not include the plastering of the interior of a pool.
1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) months
experience with a passing grade on a three (3) hour test and a passing grade on a two (2)
hour business and law test and means those who are qualified to pour place and finish
concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh
reinforcement, plastic vapor barriers and edge forms incidental thereto. This categon/does
not include the plastering of the interior of a pool.
1.6.3.11. Concrete Contractor (restricted to pneumatically/placed concrete)
requires twent~/-four (24) months experience with a passing grade on a three (3) hour test
and a passing grade on a two (2) hour business and law test and means those who are
qualified to use and maintain pressure equipment, mix material and appl~/according to
building codes.
1.6.3.12. Decorative Metal Contractor requires twent~/-fou r (24) months experience
with a passing grade on a two (2) hour business and law test and means those who are
qualified to fabricate and install decorative metal fixtures; such work should be decorative
in nature and non-structural in function; the materials used in the manufacturing and
installation of said products ma~/be of ferrous or non-ferrous materials.
1.6.3.13. Demolition or Wrecking Contractor requires thirty-six (36) months
experience with a passing grade on a three (3) hour test and a passing grade on a two (2)
hour business and law test and means those who are qualified to demolish structures such
as dwellings, commercial buildings, and foundations and to remove debris. The use of
blasting and explosives is not permitted under this category.
1.6.3.14. Dredging Contractor requires thirty-six (36) months experience with a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test and means any person who is qualified to operate h~/draulic dredging equipment
which digs and removes material b~/pump and which deposits the pumped material at a
fill location in one operation.
1.6.3.15. Drywall Contractor requires thirt~/-six (36) months experience with a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test and means those who are qualified to install g~/psum drywall products to wood
and metal studs, wood and steel joists, and metal runners in buildings of unlimited area
and height. The scope of work shall include the preparation of the surface over which the
drywall product is to be applied, including the placing of metal studs and runners and all
necessary drywall preparation trim.
'15-
Words added are underlined; words deleted are =~=c~ ~rcuT,~.
1.6.3.16. RESERVED.
1.6.3.17. Epoxy Stone Contractor requires twenty-four (24) months experience with
a passing grade on a two (2) hour business and law test and means those who are qualified
to batch and mix aggregates, epoxy, hardener, and gravel to specifications,..or to construct
forms and framework for the casting and shaping of epoxy and aggregate, or to pour, place
and finish over concrete base.
1.6.3.18. Excavation Contractor requires thirty-six (36) months experience and a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test and means any person who is qualified to excavate to obtain or remove materials
such as rock, gravel and sand; to construct or excavate canals, lakes and levees, including
the cleaning of land of surface debris and vegetation as well as the grubbing of roots; and
to remove debris and level surface land incidental and necessary thereto in compliance
with all environmental laws, the Building Code, and other applicable codes and
regulations. Minor excavations, such as footings, backfill without compaction, and similar
activities are exempt hereunder.
NOTE: The use of explosives is not included in this category.
1.6.3.19. Fence Erection Contractor requires twenty-four (24) months experience
and a passing grade on a two (2) hour business and law test and means any person who is
qualified to install, maintain or repair fencing or decorative prefabricated walls on grade.
1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months
experience installing the specific product and a passing grade on a two (2) hour business
and law test and means any person who is qualified to install carpet, sheet vinyl and/or
..... " .......* all tVOeS Of wood flooring. This category does not include, tile, marble, or
terrazzo.
1.6.3.21. Gasoline Tank and Pump Contractor requires forty-eight (48) months
experience and a passing grade on a three (3) hour test and a passing grade on a two (2)
hour business and law test and means those who are qualified to install, maintain, repair,
alter, or extend any above ground system used for the storing and dispensing of gasoline,
kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include
pollutant storage).
1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months
experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour
business and law test, and means those who are qualified to select, cut, assemble, and
install all makes and kinds of glass and glass work, and execute the glazing frames, panels,
'16-
Words added are underlined; words deleted are g*,r-'-ek ~reug~.
sash and door and holding metal frames, ornamental decorations, mirrors, tub, shower
enclosures, and portable partitions.
1.6.3.23. Insulation Contractor.
a. All types except buildings - requires thirty-six (36) months experience,
a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test, and means those who are qualified to install, maintain, repair, alter, or extend an),
insulation primarily installed to prevent loss or gain of heat, from internal or external
sources on pipes, vessels, ducts, firedstopping materials, sprayed-on fire resistlye materials;
or built-up refrigerated boxes or rooms, and acoustical materials.
b. Buildings - requires twenty-four (24) months experience, a passing
grade on a three (3) 'hour test and a two (2) hour business and law test, and means those
who are qualified to install, maintain, repair, alter, or extend any insulation primarily
installed to prevent loss or gain of heat from rooms or buildings.
1.6.3.24. Irrigation Sprinkler Contractor requires twenty-four (24) months
experience and a passing grade on a three (3) hour test and a passing grade on a two (2)
hour business and law test and means any person who is qualified to install, maintain,
repair, alter or extend all piping and sprinkler heads used for irrigation, including any
required connections to a water pump; however, such work does not include direct
connection to potable water lines.
1.6.3.25. Landscaping Contractor requires twelve (12) months experience and a
passing grade on a two (2) hour business and law test and means any person who is
qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber
and plant materials, whether or not incidental to landscaping, prepackaged fountains, or
waterfalls, provided same does not include connection to a sanitary sewer system, portable
water line, or to any electrical installation, which tasks must be performed by tradesmen
licensed in the relevant trade. Landscape Contractors may contract for only removal
and/or trimming of trees and/or any other combination of the authorized services.
1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person
qualified and licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping
and tubing, and appliances and equipment necessary for storing and converting liquefied
petroleum gas into flame for light, heat, and power.
1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty-six
(36) months experience, a passing grade on a three (3) hour test and a passing grade on a
two (2) hour business and law test, and means those who are qualified to build and install
bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and davits, and to
'17-
Words added are underlined; words deleted are s~ck ~rcur, h.
do pile driving. Electrical service and wiring must be provided by a licensed electrical
contractor.
1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, a passing
grade on a three (3) hour test and a passing grade on a two (2) hour business and law test
and means those who are qualified to select, cut, and lay brick and concrete block or any
other unit masonry products, lay other baked clay products, rough cut and dress stone, '
artificial stone and precast blocks, glass brick or block, but who shall not pour or finish
concrete.
1.6.3.29. RESERVED. Paving Blocks Contractor. Requires twenty-four (24) month~
experience in the respective construction plus a passing grade on a three (3) hour test and a
passin_~ grade on a two (2) hour business and law test, and means those persons who are
qualified to construct driveways, sidewalks.. patios and decks, using concrete paving units.
1.6.3.30. Painting Contractor requires twenty-four (24) months experience, a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test and means those who are qualified to use spraying equipment as well as hand
tools to finish both exterior and interior work. A painting contractor may do paperhanging,
sandblasting, waterproofing, and may clean and paint roofs.
1.6.3.31. Paving Contractor (commercial or unlimited) requires thirty-six (36)
months experience, a passing grade on a three (3) hour test and a passing grade on a two
(2) hour business and law test, and means those who are qualified with the experience and
skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and
gutters, storm drainage facilities, and to perform the excavating, clearing, and grading
incidental thereto.
1.6.3.32. Plastering and Stucco Contractor requires thirty-six (36) months
experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour
business and law test, and means those who are qualified to coat surfaces with a mixture of
sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any
combination of such materials such as to create a permanent surface coating, including
lathing and drywall. This category does not include the plastering of the interior of a pool.
1.6.3.33. Pollutant Storage Contractor means a contractor who installs a pollutant
storage tank. Said contractor must have a State Pollutant Storage License. A County
Certificate of Competency is not available for this category.
1.6.3.34. Reinforced Steel Contractor requires thirty-six (36) months experience, a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test, and means those who are qualified to fabricate, place, and tie steel reinforcing
'18-
Words added are underlined; words deleted are sL"~'c~
bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce
concrete buildings and structures in such a manner that, under all agreed specifications,
steel reinforcing bars (rods) for concrete buildings and structures can be fabricated, placed,
and tied.
1.6.3.35. Roof Coating, Roof PaintinS, and Roof CleaninS Contractor requires
twenty-four (24) months experience, a passing grade on a two (2) hour business and law '
test, and means any person who is qualified to clean, paint or coat a roof by means of
pressure-operated equipment, hand-application or otherwise. This category does not
include roof' repair.
1.6.3.36. Sandblasting Contractor requires twenty-four (24) months experience, a
passing grade on a two (2) hour business and law test, and means any person who is
qualified to operate a sandblasting machine.
1.6.3.37. Satellite Dish Installation Contractor requires twenty-four (24) months
experience, a passing grade on a two (2) hour business and law test and means any person
who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by
law, any satellite dish provided all work is performed in accordance with applicable
Collier County or City '-'~ K~.-,~,,~ Ordinances. If installation includes a concrete base, the
base shall be limited in size to two cubic yards of concrete.
1.6.3.38. Sealing and Striping Contractor requires twenty-four (24) months
experience, a passing grade on a two (2) hour business and law test, and means those who
are qualified with the experience and skill to seal or stripe driveways, parking lots,
sidewalks, and patios.
1.6.3.39. RESERVED. Exterior Covering by Artificial Stucco System Contractor.
Applicable to exterior insulation and finish systems (EIFS), exterior one coat stucco
systems, and exterior dry. stock block wall systems whenever the specific system requires
its own certification (approval) of the installer. EIFS includes, but is not limited to, the
following registered trademarks/tradenames: SUREWALL, DRYVIT, PAREX EIFS, Vitricon
energix, Senergy systems, TEC FuI-O-Mite systems, Pleko systems, Thoro's EIFS systems,
and USG EIFS. The applicant must prove then current approval from an authorized
representative of the specific system and must have a passing grade on a two (2) hour
business and law exam.
1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months
experience, a passing grade on a two (2) hour business and law test, and means any person
who is qualified to erect, install, repair, alter, extend or change any non-electrical sign,
provided all work is performed in accordance with applicable Collier County and City of
-19~
Words added are ~; words deleted are .,_...t- ,~. ..... k
Nal~4es ordinances. This category does not include the construction of free-standing
structural signs.
1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a
passing grade on a three (3) hour test and a passing grade on a two (2) hour business and
law test, and means any person who is qualified to install, repair, alter, manufacture, add
to, or change any electrical wires, apparatus, raceways, conduit or any part thereof on '
electrical signs and is qualified to erect signs. Such contractor may contract for, and take
out building permits for the erection of signs. The electrical service and wiring from the
electrical service to the sign disconnect must be supplied by a licensed electrical
contractor.
1.6.3.42. Solar Heater Installation Contractor requires twenty-four (24) months
experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour
business and law test, and means those who have the knowledge to install, alter, repair, or
replace any solar hot water heating system for residences or for residential swimming
pools, including collectors, storage and expansion tanks, heat exchangers, piping, valves,
pumps, sensors and low voltage controls which connect to existing plumbing stub-outs and
electrical disconnects.
1.6.3.43. Structural Steel Erection Contractor requires thirty-six (36) months
experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour
business and law test, and means those who are qualified to erect structural steel shapes
and plates, including such minor field fabrication as may be necessary, of any profile,
perimeter or cross-section, that are or may be used as structural members for buildings and
structures, and the erection of communication towers, including riveting, welding and
rigging, only in connection therewith.
1.6.3.44. Structure Moving Contractor means persons who are required to be
general, building or residential contractors, and who are qualified to lift and secure
structures and transport said structures from one site to another, whether or not such
transport is across public roads, including the proper placement of structures at a new
location.
1.6.3.4S. Tile and Marble Installation Contractor requires twenty-four (24) months
experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour
business and law test, and means those persons who are qualified to set tile and marble.
1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four
(24) months experience, a passing grade on a three (3) hour test and a passing grade on a
Words added are underlined; words deleted are o,.~.~t. ,~. ..... ~
two (2) hour business and law test, and means those persons who are qualified to mix,
prepare, and finish terrazzo, prepare the base, and set tile and marble.
1.6.3.47. Underground Utility and Excavation Contractor requires forty-eight (48)
months experience, a passinS Srade on a three (3) hour test and a passinS Srade on a two
(2) hour business and law test, and means contractors whose services are limited to the
construction, installation, repair, on public or private property, whether accomplished '
through open excavation or other means; including.. but not limited to; directional drilli,~;
auger boring~ !acking and borin~ trenchless technolo_~ies; wet and dR ta.Ds~ routing; and
slip lining of main sanita~ sewer collection systems, main water distribution systems, and
storm sewer collection systems, and the continuation of utility lines from the main systems
to a point of termination up to and including the meter location for the individual
occupancy, sewer collection systems at property line on residential or single-occupancy
commercial properties, or on multi-occupancy properties at manhole or "wye" lateral
extended to an invert elevation as engineered to accommodate future building sewers,
water distribution systems, or storm sewer collection systems at storm sewer structures.
These contractors may install empty underground conduits in rights-of-way? easements~
platted rights-of-way in new site development; and sleeves for parking lot crossing~ I~o
smaller than two ~2) inches in diameter; provided the conduit system is designed by a
licel~sed professional engineer or by an authorized employee of a municipality: county, or
public utility.. and installation of such conduit shall not include installation of any
conductor wirin~ or any connection to any energized electrical system. An underground
utility contractor shall not install any piping that is an integral part of a fire protection
system, as defined in Section 633.021 (7), Florida Statutes, beginning at the point where the
piping is used exclusively for such system.
1.6.3.48. Tree Removal and Trimming Contractor requires twelve (12) months
experience with a passing grade on a two (2) hour business and law test and means those
wh.o are qualified to trim and remove trees and stumps.
1.6.4. Contractor Licensing Supervisor means the individual who oversees
contractor licensing and its investigations or presents complaints regarding licensed
contractors in Collier County, Florida. '[his individual holds office in the Building Review
and Permitting Department of the Community Development and Environmental Services
Division of Collier County Government.
1.6.[;. Employee means any person who works for and is under the supervision
and control of a licensee, provided that said employee does not hold himself out for hire or
engage in contracting except as an employee. For the purposes of this Ordinance, indicia
'21-
Words added are underlined; words deleted are ..... ~, 0h .....~,
of an employment relationship shall include the employer's regular payment of wages and
compensation, F.I.C.A. deductions, tax withholding and provision of Workers'
Compensation to the employee by the employer, all as prescribed by law.
1.6.6. Person means a human being or a legal business organization.
1.6.7. "Contracting" means, except as exempted in this part, engaging in business
as a contractor and includes, but is not limited to, performance of any of the acts as set
forth in subsection (3) which define types of contractors. The attempted sale of contracting
services and the negotiation or bid for a contract on these services also constitutes
contracting. If the services offered require licensure or agent qualification, the offering,
negotiation for a bid, or attempted sale of these services requires the corresponding
licensure. However, the term "contracting" shall not extend to an individual, partnership,
corporation, trust, or other legal entity that offers to sell or sells completed residences on
property on which the individual or_business entity has any legal or equitable interest, if
the_services of a qualified contractor certified or registered pursuant to the requirements of
this chapter have been or will be retained for the purpose of constructing such residences.
1.6.8. "Business organization" means any partnership, corporation, business trust,
joint venture, or other legal entity which engages or offers to engage in the business of
contracting or acts as a contractor as defined in this section.
1.6.9. "Financially responsible officer" means a person other than the primary
qualifying agent who with the approval of the board assumes personal responsibility for all
financial aspects of the business organization.
1.6.10. "Primary qualifying agent" means a person 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 he_ is
connected; who has the responsibility to supervise, direct,_ manage, and control
construction activities on a job for which he has obtained the building permit; and whose
technical and personal qualifications have been determined by investigation and
examination as provided in this part, as attested by the department.
1.6.11. "Secondary qualifying agent" means a person who possesses the requisite
skill, knowledge, and experience, and has the responsibility to supervise, direct, manage,
and control construction activities on a job for which he has obtained a permit, and whose
technical and personal qualifications have been determined by investigation and
examination as provided in this part, as attested by the department.
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Words added are Lmderlined; words deleted are ..... ~ ,k .....~,
1.7. Stop-Work Orders.
If it should become known to the Contractor Licensing Supervisor that a construction
project and/or contracting in Collier County or the City o.~ .~.p!:: is being undertaken by
uncertified or nonexempt persons, the Contractor Licensing Supervisor, or his/her
designee, shall place a stop-work order on the relevant portion of said project until such
time as a certified contractor assumes supervision of the construction project. Any
uncertified and nonexempt person resuming construction prior to the removal of the
stop-work order by the Contractor-Licensing Supervisor shall be in violation of this
Ordinance.
1.8. Experience Requirements.
As a prerequisite to, and as a requirement for, the issuance of a Collier County/City of
Naples Certificate of Competency, an applicant shall submit satisfactory evidence of
experience in the trade for which he/she desires certification.
a. Contractors' experience shall be in that particular trade, with at least
one (1) year of said experience being as a supervisor.
b. Masters' experience shall be as journeymen.
c. Journeymen's experience shall be as apprentices or trainees. having
completed an apprenticeship program registered with the Department of Labor and
Employment Security and_demonstrates 4 years verifiable practical experience in those
particular trades, or demonstrates 6 years verifiable practical experience in those particular
trades, except as may be authorized by apprentice programs approved by the Bureau of
Apprenticeship, Division of Labor, Employment and Training of the Department of Labor
and Employment Security, which are hereby incorporated by reference as the required
apprentice experience.
1.8.1. To determine if the applicant possesses the experience required by this
Ordinance, the Contractor Licensing Board Supervisor or his/her designee shall consider
the following forms of proof of experience:
a. Affidavits from former employers with specifics as to the number of
years of experience, work performed and any other relevant information;
b. Copies of other certificates of competency, if any, held by the
applicant in other counties or cities;
c. Affidavits from any building director in locations where the applicant
has worked;
d. Affidavits from any union organization of which the applicant has
been a member relating to the trade for which the applicant has made application;
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Words added are underlined; words deleted are :t:",:':~ ~r~ug~.
e. Affidavits from any other source within the trade applied for.
1.8.2. Education at an accredited school may be presented to satisfy a portion of
the experience requirements of this Section. Specifically, each full year of school-level
work in the trade for which application is made shall be credited to the applicant as .75
years experience, but such credit shall be for no more than one-half of the total experience
required by this Ordinance.
PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE.
2.1. Applications - General;
2.1.1. Any person or business organization desiring to obtain a Certificate of
Competency shall make application under oath for such Certificate and shall submit such
information as is required by this Ordinance.
2.1.2. Should the applicant be a business organization, the application shall be
executed by a legally authorized and empowered representative of business organization
who shall show his authority to so act on the application. In addition, the application shall
name a qualifying agent authorized to act on behalf of the firm in all subsequent
proceedings, showing his authority:
a. To act for the firm in all matters and in any manner connected with
the contracting business; and
b. To supervise the construction under the Certificate of Competency
issued to the applicant.
2.1.3. A qualifying agent may qualify no more than one firm, practicing the same
trade, without prior approval of the Contractors' Licensing Board, and in no event more
than two firms at the same time.
2.1.4. No application shall be considered unless the applicant supplies all
information as required by this Ordinance.
2.1.5. The Board of County Commissioners shall establish and adopt, by
Resolution, a schedule of fees and charges for applications for Certificates of Competency,
renewals, late fees and other charges, if applicable, pertaining to this Ordinance. It is the
intent of these regulations that the County shall not be required to bear any part of the cost
of applications made under this Ordinance. The schedule of fees and charges shall be
posted in the office of the Building Review and Permitting Department of the Community
Development and Environmental Services Division of Collier County Government and the
City's -'~ ~'~"~'~"~ Building and Zoning Division (Department), and the resolution
establishing such fees shall be on file with the City's '-'~ ~,~.,,-.~..r Clerk and the Clerk to the
Board. The schedule of fees and charges may be changed in accordance with standard
-24-
Words added are underlined; words deleted are o'-"~' *" ..... k
resolution adoption and amendment procedures of the Board of County Commissioners
and repeal or amendment of the schedule shall not be subject to the procedure otherwise
necessary for amendment of this Ordinance. Current fees and charges are set forth in
Resolution No. 87-108 and shall remain in effect until said Resolution is amended or
superseded.
2.2. Contractor Application - Individual.
Any person desiring a Certificate of Competency shall submit the following
information on forms provided by the Collier County Contractor Licensing Supervisor:
2.2.1. Name of applicant, date of birth, Social Security number and driver's license
number;
2.2.2. Home address and telephone number;
2.2.3. Business address and telephone number. A contractor is required to
maintain an office in Collier County or have an agent in Collier County for purposes of
receiving notices pursuant to this Ordinance.
2.2.4. Name of applicant's business;
2.2.5. Applicant's proposed contracting business;
2.2.6. If applicable, verification that applicant has properly registered under the
fictitious name statutes;
2.2.7. Type of Certificate of Competency for which application is being made;
2.2.8. A complete list of all outstanding debts related to the applicant's contracting
business which the applicant has not paid or refuses to pay and a statement of the reasons
for nonpayment;
2.2.9. Names and telephone numbers of two persons who will always know the
appl icant's whereabouts;
2.2.10. A statement whether the applicant has ever been convicted of a crime
related to contracting and any crime of moral turpitude;
2.2.11. Applicant's business or work experience during the past ten years;
2.2.12. Any formal training in the area of competency for which application is
made;
2.2.13. In addition to the aforementioned information, the applicant shall attach or
submit the following information:
a. A credit report compiled by a nationally recognized credit agency
that reflects the financial responsibility of the applicant;
b. Affidavits as to the applicant's honesty, integrity, good business
reputation and competence in the trade category for which application for a Collier
Words added are ~; words deleted are :t,--,:-=~ ~rcuT, h.
County/City cf N=;~c~ Certificate of Competency has been made. Said affidavits shall be
in substantially the form issued by the Collier County Contractor Licensing Supervisor or
his/her designee;
c. Scores on the examination applicable to the license applied for,
including the area of competency tested, the date of testinS and the place of testing. Said
examination shall have been administered by a testing agency recognized and approved
throughout the State of Florida as provided for in Section 2.6 of this Ordinance.
2.3. Contractor Applications - Business Organizations.
If the applicant proposes to engage in contracting as a partnership, corporation,
business trust, or other legal entity, the applicant shall apply through a quali~ing agent and
comply with all requirements and responsibilities contained in Sections 489.119 and
489.1195, Florida Statutes.
Any business organization desiring a Certificate of Competency in Collier County
shall submit the following information on forms provided by the Collier County Contractor
Licensing Supervisor.
2.3.1. Business organization name;
2.3.2. Business address and telephone number, A business organization must have
an office in Collier County or have an agent in Collier County for purposes of receiving
notices pursuant to this Ordinance.
2.3.3. Quali~ing agent;
2.3.4. Proposed contracting business;
2.3.5. Type of Certificate of Competency for which application is made;
2.3.6. Names and addresses of all partners, directors and officers;
2.3.7. Where applicable, a copy of a certificate of incorporation or proof of
recorded fictitious name;
2.3.8. A list of all contracting businesses owned by the business organization
during the last five years;
2.3.9. A credit report from a nationally recognized credit agency if the business
organization has been in existence for more than one (1) year. If the business organization
has been in existence for less than one (1) year, a credit report on every business
organization in which the Applicant/Qualifier was an agent is required. If neither of the
above is applicable a personal credit report on the applicant/qualifier is required.
2.3.10. A complete list of all outstanding debts related to the business
organization's contracting business which the business organization has not paid or refuses
to pay and a statement of the reasons for nonpayment;
Words added are ~; words deleted are ~*-'~' n, ..... ~,
2.3.11. The signature of an authorized officer of the business organization;
2.3.12. Qualifier information:
a. The name of the qualifying agent and date of birth;
b. The name of the business organization to be qualified;
c. Type of Certificate of Competency for which application is made;
d. The home address of the qualifying agent;
e. The names and telephone numbers of two persons who will always
know the qualifying agent's whereabouts;
f. Scores on any approved examination; including the area of
competency tested, the date of testing and the place of testing;
g. Affidavits as to the qualifier's honesty, integrity, good business
reputation and competence in the trade category for which application for a Collier
County/City ''~ ~'~""~'~" Certificate of Competency has been made;
h. A statement whether the qualifying agent has ever been convicted of
a crime related to contracting and any crime of moral turpitude;
i. A complete list of all outstanding debts related to the qualifying
agenrs contracting business which the qualifying agent has not paid or refuses to pay and a
statement of the reasons for nonpayment;
j. A statement of the qualifying agent's business and work experience
during the previous five years;
k. A statement of any formal training possessed by the qualifying agent
in the trade category for which application is made for a competency card;
I. Proof that the qualifying agent is legally qualified to act for the
business organization in all matters connected with its contracting business and that said
qualifying agent has the authority to supervise construction undertaken by such business
organization. Proof that a qualifying agent is legally qualified to act for the business
organization includes, but is not limited to, authority to sign checks for the business
organization, training and supervision of employees, hiring and firing of employees or
other actions indicating active involvement in the business organization.
2.4. Master or Journeyman Applications.
a. The name of the applicant and date of birth;
b. Home address and telephone number;
c. Business address and telephone number;
d. Type of Certificate of Competency for which application is being
made;
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Words added are underlined; words deleted are :tr-'-:k ~:e::gh.
e. The names and telephone numbers of two persons who will always
know the applicant's whereabouts;
f. Scores on any approvecl examination, including the area of
competency tested, the date of testing and the place of testing. Prior to taking the tests
required by this Ordinance, an applicant must provide verification that he or she has
complied with the experience requirements.
g. A statement of the applicanrs business or work experience during the
past ten years;
h. A statement of any formal training in the trade categories for which
application is made for a competency card.
2.5. Standards for the Issuance or Denial of a Certificate of Competency.
2.5.1. Contractors.
The Contractor Licensing Supervisor or his/her designee, shall issue a Certificate of
Competency to the applicant if it appears, on the face of the application, as submitted by
the applicant, that:
a. The application is complete in accordance with the requirements of
this Ordinance;
b. The applicant possesses the experience required by Sections 1.6 and
1.8 of this Ordinance;
c. The credit report submitted indicates no facts and circumstances
which show a failure to pay contracting related bills promptly;
d. The applicant or qualifier meets the requirements for financial
responsibility set forth in Rules 61G4-15.005 and 61G4-15.006, Florida Administrative
Code, as they may be amended from time to time;
e. The applicant meets one of the following criteria:
1) The applicant has taken and passed an examination approved
and recognized throughout the State of Florida, as provided for in Section 2.6 of this
Ordinance, for the area of competency for which application has been made, or
2) The applicant meets all licensing requirements provided for by
this Ordinance.
f. All required affidavits have been submitted;
g. All required fees have been paid;
h. The applicant possesses a current Collier County occupational
license; and
i. The applicant or the qualifying agent is at least 18 years of age.
'28-
Words added are underlined; words deleted are :',,~:k
2.5.2. Referral of Application to Contractors' Licensing Board for Decision.
If it does not appear on the face of the application that the applicant has complied
with the requirements of this Ordinance so as to be eligible for a Certificate of
Competency, then the Contractor Licensing Supervisor shall refer the application to the
Contractors' Licensing Board for a decision regarding approval or denial of the application.
2.5.3. When an application is referred to the Contractors' Licensing Board, the
Board shall take testimony from the applicant and shall consider other relevant evidence
regarding whether the application meets the requirements of this Ordinance. Upon the
evidence presented by the applicant and the Contractor Licensing Supervisor, the
Contractors' Licensing Board shall determine whether the applicant is qualified or
unqualified for the trade in which application has been made. Findings of fact and
conclusions of law regarding the approval or denial of the application shall be made by the
Contractors' Licensing Board. The Board may consider the applicant's relevant recent
experience in the specific trade and based upon such experience may waive testing
requirements if convinced that the applicant is qualified by experience whereby such
competency testing would be superfluous.
2.5.3.1. If the Contractors' Licensing Board determines that an applicant is qualified
for a particular type of Certificate of Competency, a competency card shall be issued by
the Contractor Licensing Supervisor or his/her designee.
2.5.4. Additional Requirements.
In addition to the foregoing requirements, each applicant shall submit the following
information as a prerequisite to the issuance of a Collier County competency card:
2.5.4.1. The applicant's state registration number or a statement that the
applicant has made application for a state registration number (anyone not required to have
a state registration number by Chapter 489, Florida Statutes, is exempted from this
Subsection);
2.5.4.2. The applicants' individual or business organization's United States
Internal Revenue Tax number;
2.5.4.3. Proof of insurance as required by Section 2.8 of this Ordinance;
2.5.4.4. A statement that the applicant has or will comply with all Workers'
Compensation laws of the State of Florida prior to contracting in the City ''~ ~"""1"~ and in
Collier County;
2.5.4.5. Where applicable, a statement that the applicant has registered his
fictitious name with the Florida Department of State, Fictitious Name Filing Section, as
required by Section 865.09, Florida Statutes;
'29-
Words added are underlined; words deleted are 5'.'=:~
2.5.4.6. When a Certificate of Competency is issued in the name of a business
organization, the certificate shall be in the name of the business organization and the name
of the qualifying agent shall be noted thereon. The requirements of this Section shall be
deemed to be a portion of the application and any false statement made by an applicant as
to information required by this Section shall be grounds for discipline as provided for in
2.6. Approved Examiners.
The approved examiners for the purpose of administering proctored exams as required by
thi 0 di is~ =-~n~ c ~^~ c, ,~ ~n~ 2100N.
W. 53~ Avenue, Gainesville, Florida, ~ 3250S, and any other testin8 aBency with
comparable testin8 standards recoBnized and approved throuBhout the State of Florida and
also approved by the Collier CounW Contractors' Licensin8 Board.
2.7. Examinations.
A minimum passin8 8rade of 75% shall be required on all examinations. Examinations
shall be specific to the trade cateBoW for which application for a Ce~ificate of Competency
has been made. Said examinations shall be proctored and 8raded by a testin8 aBency
meetin8 all the requirements of Section 2.6 of this Ordinance. When a Ce~ificate of
Competency becomes void pursuant to 5ection 1.4.9 herein, all previous examination
scores shall be disreBarded except when the most recent relevant examination was taken
and passed within three (3) years of the date of receipt of the new application, pursuant to
Chapter 489, Florida Statutes.
2.8. Insurance.
All licensed contractors shall maintain liability and other cateBories of insurance, as
required by Florida law, at all times. Such insurance shall be with an insurance company
authorized to do business in the 5tate of Florida. The minimum limits of liability insurance
required shall be not less than $100,000 for bodily injuW and $25,000 for prope~y
damaBe or any hiSher minimums as required by Florida law. All licensed contra~ors shall
maintain applicable Workers' Compensation insurance as required by Florida law.
2.9. ~ Snc=t~';c 5tatus.
2.9.1. Any person or firm that holds a valid Collier CounW/City ~
Ce~ificate of Competency may place the Ce~ificate of Competency on dormant
status durin8 which time said person or firm/entiw shall not enBaBe in contractin8
Collier County, but may retain the ce~ificate on aB dormant status 5nGctlvc basis provided
th=t timely payment is made of an annual renewal fee as set fo~h in Section 2.1.5 of this
Ordinance and applicable resolutions enacted by the Collier County Board of County
Commissioners.
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Words added are ~; words deleted are ?:'_ok
2.9.2. Persons or business organizations desiring to renew an inactive dormant
certificate may do so by complying with the requirements of Section 1.4 of this Ordinance
relating to renewals.
2.10. Restricted Certificates of Competency.
The Contractors' Licensing ~ Supervisor or designee may issue a ~
Certificate of Competency to an applicant for a certificate in a particular trade, which
Certificate is restricted to certain aspects of that trade where the applicant has satisfactorily
demonstrated ~'- ~k., .-..-.=...~.., ..~ ~..=.~.c~.--.r,~ that he/she *~'-- app!~cant is qualified under this
~v ,-,,--, ""-'J'-""7 ..... ~ ~'-"'-* -"'-'
Ordinance in thcsc certain aspects of that trade, but lacks the required experience in other
aspectCs~ of that trade. For example; an applicant for a Certificate as a Floor Covering_
Installation Contractor may have the required experience in laying carpets and/or tiles, but
not wood flooring. Each staff level decision to restrict a Certificate shall be final unless
reversed or modified by the CLB upon appeal by the certificate holder.
2.11. Emergency Restricted Certificates of Competency.
In the event of a declaration of a state of emergency in Collier County by the Collier
County Board of County Commissioners or in the City cf .~.~ap!c5 by the Naples City
Council, in which substantial damage has occurred to buildings and structures so as to
cause a shortage of available persons and firms/entities in the contracting trades for which
there are Collier County/City ''~ kj-.~.l,.~ Certificates of Competency, the Contractors'
Licensing Board is hereby authorized to:
2.11.1. Declare an emergency contracting trade shortage of designated categories
of contractors and/or sub-contractors listed in this Ordinance. This declaration shall be for
a period of time not to exceed six (6) months.
2.11.2. Authorize the Contractor Licensing Supervisor to prepare and regulate the
selection of contractors and/or sub-contractors from other jurisdictions whose licensing
requirements are substantially comparable to those licensed in Collier County. The
contractors selected must be licensed in jurisdictions whose testing and licensing
requirements have been predetermined by the Contractors' Licensing Board to be
substantially comparable to the Collier County requirements.
2.12. The County will provide active field supervision within the City cf .~-~=F!c; of
licensed and unlicensed activity through its investigation and citation authority.
2.12.1. The County shall be responsible for issuing licenses in accordance with this
Ordinance to authorize contractors to work within the geographic boundaries of County
and the City of H=F!c;. The County shall collect the fees for those contractors licensed to
work within the County and City '-~ ~,j~.,i.~,
-31-
Words added are ~; words deleted are ,,_,~t- ,~, ..... ~,
2.13. Contractors who operate in Collier County shall maintain complete financial
and business records for the immediately preceding 3 years at their licensed place of
business. The business and financial records to be maintained shall include minutes of
corporate meetings, business contacts, telephone records, insurance policies, letters of
complaint, notices received from government entities, bank statements, canceled checks,
records of accounts receivable and payable, financial statements, loan documents, tax
returns, employee records and all other business and financial records the contractor
maintains in the course of business.* The contractor shall allow the Contracting Licensing
Supervisor, or his designee, access to all documents referenced in this section upon
demand and during normal business hours. Copies of any documents requested by the
Contractor Licensing Supervisor, or his designee shall be provided by the Contractor upon
payment of reasonable reproduction costs, which shall not exceed the Contractor's actual
reproduction costs, by the Contractor Licensing Supervisor or his designee.
PART THREE: THE CONTRACTORS' LICENSING BOARD.
3.1. Composition.
3.1.1. The Contractors' Licensing Boar& being Collier County's "local construction
licensing board"~ is composed of nine (9) members who shall be appointed by the Board of
County Commissioners. A minimum of two (2) of these members shall reside within thc
corporate city limits ''~ "'~"'-~--~ or shall be recommended to the Board of County
Commissioners by the Naples City Council. The Board of County Commissioners may also
appoint alternate members as it deems appropriate. Three (3) members of the CLB shall be
consumer representative members. No such member shall be: or shall have ever been., a
member or practitioner of any profession regulated by the CLB or any profession closely
related to any such profession regulated by the CLB, The n!ne (9) members of the CLB
...................... ~> ................... c who are not consumer reDresent8
members should be either a licensed architect, a licensed general contractor, a licensed
engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed
mechanical contractor, a licensed roofing contractor, a licensed residential. or a licensed
building contractor ,,.,4 i-.
for consumer representative members, -~this provision Section is merely directory and
failure to have members appointed from ~ roerobe: of e=ch af these trades shall not be
grounds for voiding or otherwise affecting any action of the Board.
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Words added are ~; words deleted are =*_"_'=~ °~- ..... ~,
3.1.2. Collier County Ordinance No. 86-41. as now or hereafter amended (or any
ordinance that is a successor in function theretel shall be applicable to every. member
appointed or reappointed to the CLB after the effective date of this Ordinance, except the
followin_e: E- each A-W initial full-term appointments of a member to the~LB shall be for a
term of three (3) years. .....· .. _.., ,... ....;.,, ~, .....~,,,.;-.,,,4 5... n.,4; .....k,,, .~ ,, ~ .,.
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ex...~.s~ ............. r, ..... t-t- ................. ~, .................................. e ..... ,
/~,-.,-,,,-__;~-e;nn~," ,4,-,,-.I.-,,.,-, ~h,.', ,.,~,,.J,,,.,,.w,. ,-,((;,-.n ~-,.--,n~- .-.,.,,4 n,-,',,-,-,n+l~, (;11 *h,', ,,-,.--,,-,,'.,,
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thc Ccntractcrs'':.... :,,, 1:),-,-,,.,4 ,-h.-,ll h,-. -t:l l,,,4 i.,,, +h,, D,,..,,.,4 ..,( t-- ....~-,, f-,*,,.~,,,-,|,.,-; .....
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appcSntmcnt ,s,-,~l k,, ~,,,. +~, .....;,,,4,,, ,,f +~, .......;,,,,4 + ....f
3.2. Internal Operating Procedures.
3.2.1. The Contractors' Licensing Board shall elect a chairperson and vice
chairperson from its membership.
3.2.2. Meetings.
3.2.2.1. The Contractors' Licensing Board shall hold at least four meetings per year.
3.2.2.2. Upon the request of the Contractor Licensing Supervisor, or his designee,
or at such other times as may be necessary, the chairperson of the Contractors' Licensing
Board (and, in his absence, the vice chairperson or, in the vice chairperson's absence, the
temporary chairperson elected by majority vote of the members of the Contractors'
Licensing Board) may call hearings of the Contractors' Licensing Board. Hearings may also
be called by written notice signed by at least three {3) members of the Contractors'
Licensing Board. At any hearing, the Contractors' Licensing Board may set a future hearing
date. Minutes shall be kept of all meetings and hearings and all meetings and proceedings
shall be open to the public.
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Words added are underlined; words deleted are ..... t- ok .....k
3.2.2.3. Five members shall constitute a quorum for any meeting, and a majority
vote of those present shall be required to make any decision.
3.2.2.4. The Collier County Board of County Commissioners shall provide such
clerical and administrative personnel and legal services as may be reasonably required by
the Contractors' Licensing Board for the proper performance of its duties.
3.2.2.5. The County Attorney, or his designee, shall either be counsel for the '
Contractors' Licensing Board or shall represent the County by presenting cases before the
Contractors' Licensing Board, but in no case shall the County Attorney or his designee
serve in both capacities for the same case or at the same time.
3.3. Duties and Powers of the Contractors' Licensing Board.
3.3.1. Upon reference by the Contractor Licensing Supervisor or petition by an
applicant, the Board shall have the power to determine the qualifications of applicants for
the various categories of contractors' Certificates of Competency as measured by standards
stated in this Ordinance.
3.3.2. The Board shall have the power to hold hearings to determine if a contractor
or a journeyman possessing a Collier County/City ''~ ~'-'~"" Certificate of Competency, or
a State certified contractor doing business in Collier County, should be disciplined
pursuant to Part Four of this Ordinance. It shall be the duty of the Contractor Licensing
Supervisor to initiate disciplinary proceedings. I',1o member of the Contractors' Licensing
Board shall have the power to initiate disciplinary proceedings in his/her capacity as a
member of the Contractors' Licensing Board.
3.3.3. The Contractors' Licensing Board shall have the power to adopt such
policies, rules and regulations as it deems necessary to carry out the duties of the Board in
accordance with the provisions and intent of this Ordinance. Said policies, rules and
regulations, when and if reduced to writing, shall be filed with the Clerk to the Board of
the Collier County Board of County Commissioners.
3.3.4. The Contractors' Licensing Board shall further have the power to:
a. Hold hearings;
b. Take testimony under oath;
c. Adopt rules and regulations for the conduct of its hearings;
d. Discipline contractors or journeymen holding Collier County/City cf
certificates of Competency or State certified contractors doing business in Collier County or
the City cf H~.F!c~ pursuant to Part Four of this Ordinance;
e. Issue decisions, findings of fact, conclusions of law, impose disciplinary
sanctions, and issue orders to carry out the provisions of this Ordinance.
-34-
Words added are underlined; words deleted are -'-'~' ok ..... ~
3.3.5. The Contractors' Licensing Board shall also have all other powers granted to
said Board or otherwise by Florida law.
3.3.6. The Contractors' Licensing Board shall have the power to make
recommendations to the Board of County Commission regarding amendments to this
Ordinance and shall review amendments to the Ordinance proposed by County staff.
PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE.
4.1. Misconduct - Collier County/City ^~ ~'--'^° Certificate of Competency
The following actions by a holder of a Collier County/City cf Nap!es Certificate of
Competency shall constitute misconduct and grounds for discipline pursuant to Section 4.3
of this Ordinance:
4.1.1. Knowingly combining or conspiring with an unlicensed contractor by
allowing one's Certificate of Competency to be used by an unlicensed contractor with
intent to evade the provisions of this Ordinance. When a licensed contractor acts as the
qualifying agent for any firm without first making application under this Ordinance to
represent said firm, such act shall constitute prima facie evidence of intent to evade the
provisions of this Ordinance. When a certificate holder allows his certificate to be used by
one or more companies without having any active participation in the operations,
management, and control of such companies, such act constitutes prima facie evidence of
an intent to evade the provisions of this Ordinance. Active participation requires job site
supervision, knowledge of and participation in the business operations of the company(s),
including all contractual matters.
4.1.1.1. If any individual qualifying any business organization ceases to be affiliated
with such business organization, he shall so inform the Board. In addition if such
individual is the only certified individual affiliated with the business organization, the
business organization shall notify the Board of the individual's termination and shall have
no more than sixty (60) days from the date of termination of the individual's affiliation with
the business organization in which to affiliate with another person certified under the
provisions of this article. In any event, the business organization shall not enter into any
new contracts and may not engage in any new contracting until such time as a qualifying
agent is employed.
4.1.2. Contracting to do any work outside of the scope of his/her competency as
listed on his/her competency card and as defined in this Ordinance or as restricted by the
Contractors' Licensing Board.
4.1.3. Abandoning a construction project in which he/she is engaged or under
contract as a contractor. A project may be presumed abandoned if the contractor
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Words added are underlined; words deleted are :°~'--'-:E
terminates the project without just cause, or fails to notify the owner in writing of
termination of the contract and basis for same, or fails to perform work for ninety (90)
consecutive days without just cause and no said notice to the owner.
4.1.4. Diverting funds or property received for the execution of a specific contract
project or operation or diverting funds earmarked for a specified purpose to any other use
whatsoever.
4.1.5. Departing from or disregarding in any material respect the plans or
specifications of a construction job without the consent of the owner or his duly authorized
representative.
4.1.6. Disregards or violates, in the performance of his contracting business in
Collier County, any of the building, safety, health, insurance or Workers' Compensation
laws of the State of Florida or ordinances of this County.
4.1.7. Falsifying or misrepresenting any material fact in his application and
supporting papers for the purpose of obtaining a Certificate of Competency under this
Ordinance.
4.1.8. Committing mismanagement or misconduct in the practice of contracting
that causes financial harm to a customer. Financial mismanagement or misconduct
includes, but is not limited to, any of the following:
4.1.8.1. The contractor fails to fulfill his/her contractual obligations to a customer
because of inability, refusal or neglect to pay all creditors for material furnished or work or
services performed in the operation of the business for which he/she is licensed, under any
of the following circumstances:
a. Valid liens have been recorded against the property of a contractor's
customer for supplies or services ordered by the contractor for the customer's job; the
contractor has received funds from the customer to pay for the supplies or services; and the
contractor has not had the liens removed from the property, by payment or by bond,
within 30 days after the date of such liens;
b. The contractor has abandoned a customer's job and the percentage of
completion is less than the percentage of the total contract price paid to the contractor as
of the time of abandonment, unless the contractor is entitled to retain such funds under the
terms of the contract or refunds the excess funds within 30 days after the date the job is
abandoned;
c. The contractor's job has been completed, and it is shown that the
customer has had to pay more for the contracted job than the original contract price, as
adjusted for subsequent change orders, unless such increase in cost was the result of
Words added are ~; words deleted are .....
circumstances beyond the control of the contractor, was the result of circumstances caused
by the customer, or was otherwise permitted by the terms of the contract between the
contractor and the customer.
4.1.9. Performing any act which assists a person or entity in engaging in the
prohibited unlicensed practice of contracting, if the licensed contractor knows or should
have known that the person or entity was unlicensed.
4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty
materials installed contrary to the provisions of the construction contract. Faulty
workmanship means work that is not commenced, not continued, or not completed in
accordance with all specifications of the applicable written agreement. Faulty
workmanship includes any material flaw(s) in the_quality and/or quantity of the unfinished
or finished work product, including any item that does not function properly as a part of
the entire project. If there is no written agreement provision regarding the specific faulty
workmanship issue, faulty workmanship exists if the work, process, product or part thereof
does not meet generally accepted standards in Collier County in relation to the entire
project. Faulty workmanship does not include matters of esthetics unless the esthetically
related item clearly violates a written contract specification directly related thereto.
4.1.11. Failure to maintain at all times, with an insurance company authorized to
do business in the State of Florida, the limits of liability and other categories of insurance
as required by this Ordinance.
4.1.12. Failing to claim or refusing to accept certified mail directed to the
contractor by the Contractors' Licensing Board, or its designee.
4.1.13. Failing to maintain a current mailing address.
4.1.14. Failing to appear in person or through a duly authorized representative at
any scheduled hearing on a complaint filed against the contractor.
4.1.15. Being convicted or found guilty, regardless of adjudication, of a crime in
Collier County which directly relates to the practice of contracting or the ability to practice
contracting.
4.1.16. Allowing another to take a qualifying examination on the applicant's
behalf.
4.1.17. Engaging in contracting business in Collier County or the City of .~.~ap!cs
when prohibited from doing so by the Contractors' Licensing Board of Collier County.
4.1.18. Proceeding on any job without obtaining applicable permits or inspections
from the City ''~ ~,-...I..r building and zoning division or the county building review and
permitting department.
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Words added are underlined; words deleted are -'-':-:'ok
4.1.19. Failing in any material respect to comply with the provisions of this
Ordinance as a contractor or as a qualifying agent for a business entity engaging in
contracting.
4.1.20. Signing a statement with respect to a project or contract falsely indicating
that the work is bonded; falsely indicating that payment has been made for subcontracted
work, labor, or materials which results in a financial loss to the owner, purchaser, or
contractor; or falsely indicating that Workers' Compensation and public liability insurance
are provided. *
4.1.21. Failure of a qualifying agent for a firm/legal business entity to comply with
the requirements set forth in Sections 489.119 and 489.1195, Florida Statutes.
4.1.22. Falsifying or misrepresenting any material fact to another person with the
intent or for the purpose of engaging in the contracting business, providing materials or
services, or soliciting business for an employer, as a contractor, or as an employee,
regardless of any financial consideration.
4.1.23. Failing or refusing to provide proof of public liability and property damage
insurance coverage and workers compensation insurance coverage.
4.1.24. Misconduct in the practice of contracting (See section 4.2, below).
4.2. Misconduct - State Certified Contractors
The following actions by State Certified Contractors shall constitute misconduct and
grounds for discipline pursuant to Section 4.3 of this Ordinance.
4.2.1. Failing or refusing to provide proof of public liability and property damage
insurance coverage and workers compensation insurance coverage as required by Florida
Statutes.
4.2.2. Willfully violatin8 the applicable building codes or laws of the state, City ef
Naples or Collier County.
4.2.3. !f the CLB 9ccrd finds through th.?. its public hearing process that the
contractor was found """~*" ;" b_y_ another county or municipality within the past twelve
(12) months, to have committed ef fraud or a willful building code violation and the CLB
finds that such fraud or other willful violation ~ would have been fraud or a willful
violation if committed in Collier County or within the respective City cf .~.~;F!c.~.
4.2.4. Fraud.
4.3. Disciplinary Proceedings, including Minor Violations.
4.3.1. There are three (3) categories of violations: (i) Violations of subsection
489.127(1), F.S.; Violations of subsection 489.132(1), F.S.; and (iii) other violations within
the jurisdiction of the Contractor's Licensing Board.
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Words added are underlined; words deleted are ..... ~ ok .....~,
a. Subsection 489.127(1), F.S., is incorporated herein. (Lack of required
license, certificate, or registration). The following are designated to enforce subsection
487.127(1), F.S.: Collier County Building Official, all License Compliance Officers, the
Chief Building Inspector, Chief Electrical Inspector, Chief_Plumbing/Mechanical
Mechanical, and/or other inspectors authorized from time-to-time by the Building Official.
Procedures specified in this Ordinance shall apply except to the extent, if any, that Section '
489.127 or Section 489.132, may require different procedure(s). The penalties for each
uncontested violation of subsection 489.127(1 ) and/or 489.132(1 ), F.S., are three hundred
($300) dollars for the first uncontested violation and five hundred dollars ($500.00) for
each subsequent uncontested violation by the same individual or entity. Penalties for
contested violations of subsection 489.127(1), F.S., are as now or hereafter specified in
Section 489.127, F.S. Penalties for contested violations of subsection 489.132(1), F.S., are
as now or hereafter specified in Section 489.132, F.S. The Citation form attached hereto as
Exhibit 'A" is approved, which form may be amended from time-to-time by Resolution of
the Board of County Commissioners.
b. Minor Violations: The Contractor Licensing Supervisor or designee
shall issue a "Notice of Noncompliance,' as the County's first response to a minor violation
of any provision_of any regulatory law, including this Ordinance, when (i) it is reasonable
for Staff to assume that the violator, at the time of violation, was not aware of the provision
that was violated or it can be assumed that it was not clear to the violator how to comply
with the violated provision; and (ii) that violation has not then resulted in economic harm
or physical harm to any person; and (iii) the violation has neither adversely affected the
public health, safety, or welfare, nor created any significant threat of any such adverse
affect. The Notice of Noncompliance should identify the specific provision that was
violated, should provide information on how to comply with that provision and should
specify a reasonable 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 disciplinary proceedings. Each
violation that is not a "minor" violation is a '"major" violation.
c. Major Violations. The Contractor Licensing Supervisor, or his
designee, may initiate disciplinary proceedings against a licensed contractor for major
violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier
County Board of County Commissioners.
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Words added are ~; words deleted are =',:=~ .k ..... ~
1 d. Failure of Non-State Certified Individual to Promptly Pay Pay Penalty
2 to County. The Collier County. Building Department should not issue any permit or any
3 other required authorization to any Collier County Certified individual who then has an
4 obligation to pay a penalty. to the County imposed with finality under this Ordinance for
5 any violation of this Ordinance (including a citation that is not contested) and that
6 individual has not maid that penalty in full bv the applicable deadline date, plu.~
7 reimbursement of the County's costs~ such as recording fees and court costs. An appeal of
8 uncontested citations stays all such withholdings.
9 e. Failure of Non-State Certified Individual to Meet Permit Conditions.
lo The County's Building Department may withhold issuance of any further permit(s) or any
11 other authorization(s) to any individual who, or entity that, has not then complied with any
12 condition of all County-issued permit(s) issued to that individual or entity, including every.
13 follow-up inspection or any other act then capable of being complied with, although late in
14 time.
15 f. Withholding Permit Pulling Privileges of State Certified Contractor,
16 Before the CLB may withhold any permit pulling privilege(s) of a State Certified Contractor,
17 the CLB, after public hearing.. must find that the Contractor violated a provision of Section
18 4.2 of this Ordinance.
19 4.3.2. Any person who believes that a contractor holding a Certificate of
20 Competency has violated this Ordinance may submit a sworn complaint to the Contractor
21 Licensing Supervisor, or his/her designee. The complaint shall be in substantially the form
22 prescribed by the Contractor Licensing Supervisor. The complainant shall pay a fee of
23 $50.00, to defray the costs of administering the complaint, at the time of filing the
24 complaint. The complaining party shall state with particularity which section(s) of this
25 Ordinance he or she believes has been violated by the contractor and the essential facts in
26 support thereof.
27 4.3.3. Upon the submission of a sworn complaint, the Contractor Licensing
28 Supervisor, or his/her designee, shall conduct a preliminary investigation and determine
29 whether the complaint submitted warrants the filing of formal charges. If charges are
30 warranted, the Contractor Licensing Supervisor, or his/her designee, shall file the complaint
31 with the Clerk to the Collier County Board of County Commissioners and shall send, by
32 certified mail, return receipt requested, a letter to the licensed contractor at his local
33 address, or if applicable the local agent's address, as shown by the records of the
34 Contractors' Licensing Board, enclosing a copy of the complaint and indicating:
35 a. The name of the complainant;
36 b. The date(s) of the commission of the alleged offense(s);
37
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Words added are underlined: words deleted are st~-'-c.t', ~ro',::h.
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.
4.3.3.2. As an alternative to providing notice as set forth above, at the option of the
Contractor Licensing Supervisor, notice may be furnished to the contractor by publication
as fol lows:
a. Such notice shall be published once during each week for four (4)
consecutive weeks (four publications being sufficient) in a newspaper of general
circulation in Collier County. The newspaper shall meet such requirements as are
prescribed under Chapter 50, Florida Statutes, for legal and official advertisements;
b. Proof of publication shall be made as provided in Sections 50.041
and 50.051, Florida Statutes. Notice by publication may run concurrently with, or may
follow an attempt or attempts to provide notice by hand delivery or by mail as required by
this Section.
4.3.3.3. Although not required to prove that notice was provided, evidence
that an attempt has been made to hand deliver or mail notice as provided in this Section,
together with proof of publication as provided in Subsection 4.3.3.2, shall be sufficient to
show that the notice of hearing requirements of this Section have been met, without regard
to whether or not the alleged violator actually received such notice.
4.3.4. Conduct of Hearing.
4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to
the public.
4.3.4.2. The proceedings at the hearing shall be recorded and may be transcribed
at the expense of the party requesting the transcript. Any party may have a court reporter
present at the hearing at his\her own expense. Neither Collier County nor the Contractors'
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Licensing Board shall be responsible for any failure of recording equipment during the
conduct of the hearing.
4.3.4.3. Each case before the Contractors' Licensing Board shall be presented by
the County Attorney, an Assistant County Attorney, or by a member of the County staff.
Regarding matters under the jurisdiction of the Contractor's Licensing Board, the Building
Official is authorized to issue subpoenas to the greatest extent then allowed by law,
including Section 162.08, F.S.
4.3.4.4° Assuming proper notice of the hearing has been provided to the contractor,
or was not received notwithstanding attempts to notify. the contractor~ as provided for in
Section 4.3.3 of this Ordinance, a hearing may proceed in the absence of the contractor.
Evidence regarding "notice" shall be received prior to receiving evidence on the merits of
the case.
4.3.4.5. The Contractors' Licensing Board shall proceed to hear the cases on the
agenda for that day. All testimony shall be under oath and shall be recorded. The
Contractors' Licensing Board shall hear testimony from the Contractor Licensing
Supervisor, or his/her designee, from the contractor alleged to be in violation of this
Ordinance, and from such other witnesses as may be called by the respective parties.
4.3.4.6. Formal rules of evidence shall not apply, but fundamental fairness and due
process shall be observed and shall govern the proceedings. Irrelevant, immaterial or
cumulative evidence shall be excluded; but all other evidence of a type commonly relied
upon by reasonably prudent persons in the conduct of their affairs shall be admissible,
whether or not such evidence would be admissible in a trial in the courts of the State of
Florida. Hearsay evidence may be used for the purpose of supplementing or explaining
any evidence but shall not be sufficient, by itself, to support a finding unless such hearsay
would be admissible over objection in civil actions in court. The rules of privilege shall be
effective to the same extent that they are now or hereafter may be recognized in civil
actions.
4.3.4.7. Any member of the Contractors' Licensing Board may question any witness
before the Board. Each party to the proceedings shall have the right to call and examine
witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness
regardless of which party called the witness to testifi/and to rebut any evidence presented
against the party.
4.3.4.8. The chairperson or, in his/her absence, the vice chairperson, shall have all
powers necessary to conduct the proceedings at the hearing in a full, fair and impartial
manner and to preserve order and decorum.
'42-
Words added axe ~; words deleted axe .'.',,~c,~ ~rcugh,
4.3.4.9. At the conclusion of the hearing, the Contractors' Licensing Board shall
issue findings of fact based on evidence of record and conclusions of law; impose
disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper
to dispose of the complaint in accordance with this Ordinance and Florida law. Said
findings of fact, conclusions of law, disciplinary sanctions, if any, and any related order
shall constitute the decision of the Contractors' Licensing Board on the case heard before
the Board.
4.3.4.10. The decision of the,Contractors' Licensing Board shall be stated orally at
the hearing and shall be reduced to writing and mailed to the parties within 30 days after
the hearing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and
any related order shall be made by motion approved by a majority of the members of the
Contractors' Licensing Board who are present and voting. The decision of the Board shall
be effective upon being stated orally at the hearing, unless the Board orders otherwise.
The decision of the Board shall be filed with the Clerk to the Collier County Board of
County Commissioners promptly after said decision is reduced to writing.
4.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision
immediately following any hearing because of questions of law or other matters of such
nature that a decision cannot be immediately made, the Board may withhold issuing its
decision until a subsequent meeting. In such case, further discussion of the pending matter
and all deliberations relating thereto by members of the Contractors' Licensing Board shall
take place only at a public meeting of the Board. The Board shall thereafter issue its
decision pursuant to Subsections 4.3.4.9 and 4.3.4.10 of this Ordinance.
4.3.5. Disciplinary Sanctions.
4.3.5.1. Holders of Collier County/City ''~ ~.,-..,e,,~ Certificates of Competency. If,
after hearing, the Contractors' Licensing Board finds that there has been misconduct by a
contractor, within the meaning of Section 4.1 of this Ordinance, said Board may, but shall
not be required to, impose any of the following enumerated sanctions, alone or in
combination:
a. Revocation of a Collier County/City cf ,%'a~!cs Certificate of
Competency;
b. Suspension of a Collier County/City ''~ k,~..~,.~ Certificate
of Competency;
c. Denial of the issuance or renewal of a Collier County/City ''~
Certificate of Competency;
d. A period of probation of reasonable length, not to exceed two years,
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during which the contractor's contracting activities shall be under the supervision of the
Contractors' Licensing Board; and/or participation in a duly accredited program of
continuing education directly related to the contractor's contracting activities. Any period
of probation or continuing education program ordered by the Contractors' Licensing Board
may be revoked for cause by said Board at a hearing noticed to consider said purpose. The
contents of said notice shall be substantially as provided for in Section 4.3.3 of this
Ordinance. Service of said notice shall be as provided in Sections 4.3.3 and 4.3.3.1 of this
Ordinance. Evidence that either of these methods of service have been utilized shall be
sufficient to show that the notice of hearing requirements of this Section have been met,
without regard to whether or not the alleged violator actually received notice;
e. Restitution;
f. A fine not to exceed $5,000;
g. A public reprimand;
h. Re-examination requirement;
i. Denial of the issuance of Collier County or City of ~ building
permits or requiring the issuance of permits with specific conditions.:,
j. Reasonable investigative and legal costs for the prosecution of the
violation.
4.3.5.2. Holders of State of Florida Certificates of Competency.
a. If, after hearing, the Contractors' Licensing Board finds that there has
been misconduct by a State certified contractor, within the meaning of Section 4.2 of this
Ordinance, said Board may deny the issuance of Collier County/City ''~ K~-,.,~,,r building
permits or require the issuance of permits with specific conditions.
b. Notification of and information concerning such permit denial shall
be submitted to the Florida Department of Business and Professional Regulation within 15
days after the Contractors' Licensing Board decides to deny the permit.
4.3.5.3. When imposing any disciplinary sanction on a contractor or a person
holding a Certificate of Competency or a state certified contractor who has been found to
have violated this Ordinance, the Contractors' Licensing Board shall consider all the
evidence presented at the hearing as well as:
a. The gravity of the violation;
b. The impact of the violation on the public health, welfare or safety;
c. Any actions taken by the violator to correct the violation;
d. Any previous violations committed by the violator;
e. Any other evidence presented at the hearing by the parties relevant as
Words added are ~; words deleted are :tr-'-:~ ok ..... k
to the sanction which is appropriate for the case given the nature of the violation and the
violator.
4.3.5.4. Any disciplinary sanctions imposed by the Contractors' Licensing Board
shall be effective upon being stated orally at the hearing unless the Board orders otherwise,
all in accordance with Section 4.3.4.10 of this Ordinance.
4.3.5.5. In addition to any action the Contractors' Licensing Board may take against
the individual's or business organization's local license, and any fine the Contractors'
Licensing Board may impose, the Contractors' Licensing Board shall issue a recommended
penalty for the State Construction Industry Licensing Board or if the action involves an
electrical contractor or an alarm contractor, the State Electrical Contractors' Licensing
Board action. This recommended penalty may include a recommendation for no further
action, or a recommendation for suspension, revocation, or restriction of the registration, or
a fine to be levied by the Construction Industry Licensing Board or Electrical Contractors'
Licensing Board, or a combination thereof. The Contractors' Licensing Board body shall
inform the disciplined contractor and the complainant of the local license penalty
imposed, the penalty recommended, his rights to appeal, and the consequences should he
decide not to appeal. The Contractors' Licensing Board shall, upon having reached
adjudication immediately inform the Construction Industry Licensing Board or Electrical
Contractors' Licensing Board of its action and the recommended board penalty.
4.3.5.6 Fines and all other monetary penalties may be collected and disposed as
authorized by and subject to Chapter 489, F.5. Should any monetary penalty imposed by
the Board not be paid within the time specified by the Board's Order, the Board may
request from the Board of County Commissioners authority to that appropriate legal action
to collect the penalty.
PART FIVE: REHEARING AND APPEALS OF DECISIONS OF THE CONTRACTORS'
LICENSING BOARD.
5.1. Rehearing.
The ccntr=ctcr Each respondent found to be in violation of this Ordinance, any other party.,
the Chairman of the CLB: the CLB as a body,. or the Assistant County. Attorney who tried
the case may request a rehearing of any decision of the r--,-..-,~.,,.r, , = .... ;---, D,--,r,4 CLB.
A request for rehearing shall be m=dc in writing and shall be filed with the C!crk tc the
r..n;.,-... Ccun~' D,,~.,4 ,,~ r- ...."' Ccmm~ss!cncrs staff and a copy thereof should be
'-"-' ..... I "-"-'"'""'" "' '-""""'I / . .
delivered to served on ,a~ all other parties within twenty (20) days from the date of
mailing or other method of delivery to the Respondent(s) of the Board's written decision
under Section ~..3.~..9 ....4 ,, :~ ,~ ~n ..~ this Ordinance. A request for rehearing shall be
-45-
Words added are ~; words deleted are s*_~c~
based only on the ground that fundamental error occurred which resulted in a failure of
~ the decision was contrary to the evidence, or that the hearinS involved an
error on a ruling of law and/or fact which was fundamental to the decision of the CLB
r-....,.....,...., e: ....:..., D....,~ The written request for rehearing shall specify the precise
issue(sl on which the reauest for rehearine is based r::::.~: therefor. The decision of the
CLB ContrG~cr:' "' ....:..,. D,,.,.,4 which is the subject of the rehearing request shall '
remain in effect throughout the rehearing procedure unless the County's Licensing
Suoervisor .O.r..the CLB r..,....-.,...,.., e-~,.,,._.,.., 0,,...,4 orders otherwise. If any Derson with
. --,--,,-,,~-,-,-,,., ,.,,.,.,,,,.,,,,D ,.,,.,,.,,,~
standing claims that fundamental error has occurred and such error is capable of being
c;orrected, a request for a rehearing by the CLB must be filed with county staff. The CLB
must issue its Final Order on Rehearing before any request for any type of appellate review
can be filed with any court.
5.1.2. If the Contractors' Licensing Board determines it will grant a rehearing, it
may shall:
a. Conduct c.,chcd'--'~c a hearing where the parties will be given the
opportunity of presenting evidence and/or argument which may be limited by the Board to
the specific rca:c.~: issues for which the rehearing was granted.
b. Affirm, Mrnodify. or reverse its prior decision, with or without
receiving further evidence, providing that the change(s) is/are based on a finding that the
prior decision of the C,?,.':t:actc::' L~c=.~Ging Board resulted from fundamental error or a
ruling on a question of law or of fact which the Board has been informed by its counsel
was fundamental error or an erroneous ruling and that further Board action is required to
correct such error(s).
5.2. Appeals Appellate-type Review.
5.2.1. Each disciolinarv action of the CLB is quasi-!udicial. Each
person or entity. found to be in violation of this Ordinance may appeal a decision of the
Contractors' Licensing Board to the Collier County Circuit Court as authorized by
subsection 489.127(5)(k):Florida Statutes. in conformity with Florida Rules of Appellate
Procedure: and sub!ect to mandatory. prerequisite rehearing under section 5.1: above: if the
error is correctable. Such an appeal shall not be a hearing de novo but shall be limited to
appellate review of the record created before the r-,,.,..-,,-~,,.~, e; ....;"' ~c=:d CLB in
accord with Florida Rules of Appellate Procedure. Any appeal shall be filed with the
Circuit Court and be sewed on the parties within thirty (30) days of the rendition the
~,~e~.,~, of the effective Final Order ,4,,,--.~,.., of the Board ""~"- c,,,..~,,.,~ ~ ~ ,~ ~ .,.,,4
,,,,.,,,,,,~ ,.~....,.,..,,,.,,, ,~,,,.,,.., ,,,..,.,,,,,,.., ,,.,, ,,..,
~..~.~.~.0 ''~ '~"'~ r,.,4: .....If there has been a re-hearing request, the appeal shall be filed
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Words added are ~; words deleted are .....~, oK .....~,
with the Circuit Court and be sewed on the parties within thirty (30) days of the rendition
· ~'~:""" of the Board's re he~r~ng decision on re-hearinE under c,,,..:,,.,
5.2.2. In the event th:t the person or entity ccntmctcr found to be in violation of
this Ordinance should elect to appeal, a verbatim record and transcript relevant to ef the
case prcceed~ng: shall be ne:-?-:::."7 as required by Florida Rules of Appellate Procedure. It
shall be the sole responsibility of the :~.Sd p:~; the Derson or entity seeking such review to
ensure that a record is made from which a transcript may be prepared which includes the
testimony upon which an appeal may be taken. Neither Collier County nor the CLB
Ccntr.?.ctcr:' i-. ....~.,.., ~,,.~.,4 shall have any responsibility to provide a verbatim record
transcript of the proceedings.
5.2.3. SubDoenas. Any party or the attorney for a party. to a proceeding before the
CLB may acquire from staff free subpoenas for witnesses and/or for production of tangible
evidence: but not for any deposition. Rule 1.410 of Florida Rules of Civil Procedure apply
thereto. As used in Rule 1.410: "Court" shall mean "the CLB" and
"county. staff." Each subpoena must be issued by the party or by an attorney for that party.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any ordinance of an applicable Municipal
Corporation or of Collier County, or with any superseding statutory provision, the more
restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or
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 INTO THE CODE OF LAWS AND ORDINANCES.
The provision of this Ordinance shall become and be made a part_ of the Code of
Laws and Ordinances of Collier County, Florida. Provisions of this Ordinance may be
tenumbered ar relettered to accomplish same, including the word "ordinance" may be
changed to ''section", "subsection", "article", or other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
-47 -
Words added are ~; words deleted are .... t..~, .....~,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~:2r'X day of ~ /' ,1999.
C/ '
ATTEST:
,, .., ~: DWI~I~ ~,. ROCK, Clerk BOARD OF COUNTY COMMISSIONERS
.~!,!.i,....,: ..~,,. X!,' u ~'f c"~ OF COLLIER CO RIDA
Approved as to form and This ordinance filed with the~
' legal sufficiency: Secreta~ of S/ate's Office th~
/~day of
~nd ocknowl~gement'of that
~ filin received this ,/~y
Thomas C. Palmer ~By
Assistant Coun~ A~omey
H/tc~O~.'99/CLB Ord.
-48-
Words added are ~; words deleted are ..... t. d, .....~,
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-45
Which was adopted by the Board of County Commissioners on the
8th day of June, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 9th day of June, 1999.
DWIGHT E. BROCK *' '.~.
Clerk of Courts and Clerk =~
Ex-officio to Board.~of'. ~.
County Commissioner~ .'i ~ ' "'-
By: Ellie Hoffman, ~"~./~:~'~
Deputy Clerk