Ordinance 97-68 ORDINANCE NO. 97- 68
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
90-105 , AS AMENDED, THE COLLIER COUNTY CONTRACTORS '
LICENSING BOARD ORDINANCE; ADD "OR }{IS DESIGNEE" TO
SECTION I. 4.3; ADD NEW SECTIONS I. 4.7, i. 4.8 AND I. 4.9
RE: ALLOWING CERTIFICATES TO LAPSE; AMEND SEq~ION
1.6.2.6.1 TO PROVIDE FOR RECIPROCITY OF LIC~I~SED
JOURNEYMAN IN MECHANICAL TRADE; AMEND SECTIONS 1.~2.7
AND I. 6.2.8 TO EXPAND AUTHORIZED ACTIVITIE~ OF
POOL/SPA CONTRACTORS; ADD NEW SECTION 1.6.2.8.1 -~NON-~,a ["
RECREATIONAL POND WATERFALL FOUNTAIN CONTRACTORS;
AMEND SECTION BY ADDING "REPAIR" AND REFERENC~ TO
SECTION 487.0437, F.S; ADD NEW SECTION 1.6.2.$~1
.
SWIMMING POOL/SPA SERVICING CONTRACTORS; AMEND SECTION
1.6.2.10 TO PROVIDE FOR RECIPROCITY OF LICENSED
JOURNEYMAN IN PLUMBING TRADE; AMEND SECTION 1.6.2.11.1
TO PROVIDE FOR RECIPROCITY OF LICENSED JOURNEYMAN IN
ELECTRICAL TRADE; AMEND SECTION 1.6.3.6 TO EXPAND
AUTHORIZED ACTIVITIES OF CARPENTRY CONTRACTORS; DELETE
SECTION 1.6.3.16 - ELEVATOR CONTRACTORS; AMEND SECTION
1.6.3.25 TO EXPAND AUTHORIZED ACTIVITIES OF LANDSCAPE
CONTRACTORS; AMEND SECTION 1.6.3.27 BY ADDING '~LIFTS
AND DAVITS" AND CLARIFY ELECTRICAL WORE RESTRICTIONS;
DELETE SECTION 1.6.3.29 - MOBILE HOME SET UP
CONTRACTORS; DELETE SECTION I. 6.3.39 - SEPTIC TANK
CONTRACTORS; DELETE SECTION 1.6.3.48 - WELL DRILLING
CONTRACTORS; DELETE LAST PARAGRAPH OF NEWLY RENUMBERED
SECTION '1.6.3.48 - TREE REMOVAL AND TRIMMING
CONTRACTORS; AMEND SECTION i .8 TO INCORPORATE APPROVED
STATE APPRENTICE PROGRAMS; ADD '~CERTIFICATE OF
COMPETENCY" TO SECTION 2.3; AMEND SECTIONS 2.2.10 AND
2 . 3 . 12 BY ADDING ~CRIMES OF MORAL TURPITUDE"; AMEND
SECTION 2.5.3 TO ALLOW SUBSTITUTION OF RELEVANT,
RECENT WORK EXPERIENCE iN LIEU OF EXAMINATIONS; AMEND
SECTION 2.7 TO DISALLOW CREDIT FOR EXAM SCORES THAT
ARE MORE THAN THREE YEARS OLD; AMEND SECTION 3.1.1 AND
3.1.2 RE: APPOINTMENTS TO THE CONTRACTORS' LICENSING
BOARD; AMEND SECTION 4.1.3 TO CLARIFY "ABANDONMENT OF
A CONSTRUCTION CONTRACT"; AMEND SECTION 4 . i . 6 TO
DELETE '~SUBSTANTIALLY"; AMEND SECTION 4 . 1 . 10 TO
CLARIFY "FAULTY WORKMANSHIP"; ADD SECTION 4 . 1 . 24 TO
APPLY TO COUNTY CERTIFIED CONTRACTORS ALL MISCONDUCT
STANDARDS THAT APPLY TO STATE CERTIFIED CONTRACTORS;
ADD A NEW SUBSECTION 4.3. I (a) TO IMPLEMENT SECTIONS
489.127 AND 489.132 F.S. RE: JURISDICTION OVER
VIOLATORS WHO DO NOT RAVE REQUIRED LICENSE,
CERTIFICATE OR REGISTRATION AND SPECIFY PENALTIES; ADD
NEW SECT ION 4.3.1. b RE: MINOR VIOLATIONS; AMEND
SECTION 4.3.4.3 re: ISSUANCE OF SUBPOENAa; AMEND
SECTION 4.3.4.10 TO EXTEND THE DEADLINE RE: WRITTEN
ORDERS FROM 15 DAYS TO 30 DAYS; ADD SECTION 4.3.5.6
RE: FINES AND OTHER MONETARY SANCTIONS; AMEND SECTION
5.1.2 TO EXTEND THE DEADLINE FOR ISSUING WRITTEN
DECISIONS ON REHEARING; AMEND SECTIONS 1.6.4, 2.1.5,
AND 4.1.18 TO UP-DATE JOB A]~D/OR DEPARTMENT TITLES;
PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
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INCLUSION INTO THE CODE OF LAWS AND ORDINANCES;
PROVIDING AN EFFECTIVE DATE.
W~EREAS, local regulation of certain type of contractors is in
the best interests of the citizens of Collier County to protect the
public health, safety and welfare; and
WHEREAS, amendments have recently occurred to Florida Statutes
pertaining to the regulation of contractors which require certain
revisions to this Ordinance; and
WHEREAS, other provisions of this Ordinance are being amended
solely at the discretion of the Board of County Commissioners to
clarify issues or to solve or alleviate problems being experienced
by affected tradesman in Collier County, which discretionary
amendments have been recommended to the Board of County Staff.
NOW, THEREFORE, BE IT ORDAINED BY THE BO/~.RD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ORDINANCE NO. 90-105, A~ AMENDED, IS HEREBY AMENDED
AS FOLLOWS:
PART ONE: CERTIFICATES OF COMI~ETENCY REQUIRED.
1.1. Unlawful to Contract without a Certificate of
Competency. It shall be unlawful for any person, firm, partner-
ship, 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, without having first made application for and
having been issued a current and valid Collier County/City of
Naples 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
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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
of Naples 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 permitted
construction, alteration, or repair. Such conduct shall be
punishable as a violario=' 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 acting
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 building. 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
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owner-builder applying for or receiving more than one Building
Permit for the construction of a one-family or two-family home in
any three (3) year period shall be prima facie evidence of
building/contracting 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 engage in contracting except in accordance with
his employment.
1.3.3. Persor': Holding Current State Certified
Certificates of Competency. Any person holding a current State of
Florida Certified Certificate of Competency is exempt from
obtaining a Collier County/City of Naples 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.
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.
1.4.3. Applicants for renewal must present the
Contractor Licensing Supervisor or his/her desiqnee with the
following:
A. Evidence of insurance as required by this Ordinance.
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B. A current Collier County and/or City of Naples
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 in!ividual 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' AnX individual who fails to renew his/her
Certificate of Comete~rior to December 31 of the year in which
it expires shall have a delinquent Certificate of Comete~
1.4.8 AnX individual who renews his/her Certificate of
Cometenc b Se tember 30 of the year followinits~iration___~,
but after December 31 of that year, shall have a suspended
Certificate and thereb must a an additional late fee in
accordance with the schedule of fees and char es ado ted b
Resolution pursuant to Section 2.1.5 herein, and must~
full includinq_~_pdated credit reports and all other documentation
r_~_quired in Section 2 herein, but no re-testinq shall be required.
1.4.9. An~ individual who fails to renew his/her
Certificate of Com etenc rior to December 31 of the year
followin~ its expiration shall thereb automaticall have a
Certificate of Com etenc that is null and void. To acquire a
valid Certificate from the Count~ the individual must~
a_p_plicable full a_p_plication fee in accordance with the schedule of
fees and cha_~~ Resolution pursuant to Section 2.1.5
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herein, and must submit an entire newa~lication. If, as of the
date of receiptby the CountX of said ne~lication, 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 t~uirements~
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.
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
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single-dwelling or multiple-dwelling residential buildings, which
commercial or residential buildings do not exceed three stories in
height, and accessory use structures in connection therewith or a
contractor whose services are limited to remodeling, repair, or
improvement 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.
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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'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. This definition and qualifications ~oes not
include roofing.
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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 an? 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, ot 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 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
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 existing
electrical disconnect switch; and to install a condensate drain
from an air conditioning unit to an existing safe waste or other
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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; 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.
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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 (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, 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 being
installed under this classification; 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 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.
1.6.2.6. 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.
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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
al~ individual who then holds a valid, active journeyman's
license in the mechanical trade and that license was issued byany
Florida County or Florida MunicialpJ_!i!Xwhen that licensee complied
with all r~ criteria of Section 489.1455, F.S.
1.6.2.7. Conunercial 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 spa, whether public,
private, or otherwise, regardless of use. The scope of such work
includes layout, excavation, operation of construction pumps for
dewatering purpo§es, steelwork, installation of light niches,
construction of floors, guniting, fiberglassing, installation of
tile and coping, installation of river rock, Sp_~Crete~,
K_~_ystone~, and other substantialll similar t2fJDes of deck coatings
in conjunction with the construction of the deck, application of
Marcite~ or other similar t__Xpes of coatingJ to the interior of the
~r 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
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
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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 dewatering
purposes, steelwork, installation of light niches, construction of
floors, auniting, fiberglassing, installation of tile and coping,
":~-" river rock~
installation of all perimeter and filter ~,,~,
Crete~, KeystoneS, 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 s~stem, 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 lin~s,.or.to any electrical
installation. Contractors who hold a current Collier County
Restricted License or other similar prior authorization by the
Co__unty for this classification on the effective date of this
amendment are not required to pass this test~ but.~ust apply for
this Certificate pursuant to Section not later than December 31~
1997. The Contractors' Licensing Board may grant hardship waivers
to this testing requirement for each such qualified contractor who
failed to file his/her application on or before December 31, 1997.
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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 invc!vcs the
....... ng, rcpalr,
~^ a~.^~ infusicn ^; ^~-~^ gas .... maintcnancc ^~ any s~ir~ing
~blic cr privatc. 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.
1.6.219.1. 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 an erson whose
sc__~e of work includes servicinq or water treatment of anX_p_ublic
or private swimminq pool, hot tub or spa, and, subject to Section
487.0437, F.S., may include direct infusion of chlorine gas.
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 plumbinq trade and that license was
issued by any Florida County or Florida Municipality when that
licensee complied with all reciprocity criteria of Section
489.14557 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
-14-
Words underlined are added; words struck through are
deleted.
(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 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
-15-
Words underlined are added; words struck through are
deleted.
trades while employed or supervised by an electrical contractor.
This 3rovision does not a~ individual who then holds a
valide active ourj~an's license in the electrical trade and that
license was issued bay__~Florida Count~ or Florida Muni~
when that licensee complied with all reci~criteria of
Section 489.5335L F.S.
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, 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 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:
-16-
Words underlined are added; words struck throuq~ are
deleted.
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, solfits 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.
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, 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.
-17-
Words underlined are added; words struck through are
deleted.
(a) Alarm System Contractor I means an alarm system
contractor whose business includes all types of alarm systems for
all purposes.
(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 or
combination of electrical devices used to detect a situation which
causes an alarm in the event of a burglary, fire, robbery,_medical
emergency, or equipment failure.
(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 in a building including, but not limited to, rough
framing, wood structural, and 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.
-18-
Words underlined are added; words struck through are
deleted.
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 casting and shaping of
concrete to place miscel]aneous 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 category
does not include the plastering of the interior of a pool.
1.6.3.11. Concrete Contractor (restricted to
pneumatically placed 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 use and maintain pressure equipment,
mix material and apply according to building codes.
1.6.3.12. Decorative Metal 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 fabricate and install decorative metal fixtures; such work
-19-
Words underlined are added; words struck through are
deleted.
should be decorative in nature and non-structural in function; the
materials used in the manufacturing and installation of said
products may 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 hydraulic dredging equipment
which digs and removes material by pump and which deposits the
pumped material at a fill location in one operation.
1.6.3.15. Drywall 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 install gypsum 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.
16.3.16 RESERVED. Elcvatcr Ccntractcr
........... means ...... - ...... .,.~ arc cMtcnd,
~nDtall, inspect, maintain A-repair any ^~ ....... ~"-~"-~'^- or
-~ ..................... Ecgulaticn ...... State
-20-
Words underlined are added; words struck through are
deleted.
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 specificationsL
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 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 wood parquet. 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
-21-
Words underlined are added; words struck through are
deleted.
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, 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 'owo (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 internal or external sources on pipes, vessels,
ducts, fire stopping 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.
-22-
Words underlined are added; words struck through are
deleted.
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 fountainsf or waterfalls, provided same
does not include connection to a sanitary sewer system, portable
water line, or to any electrical installationf which tasks must be
performed by tradesmen licensed in the relevant trade. Landscap~
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 ard 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 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 Mobile ..... e ...... Ccntracte-~
~ ..... twenty .... ,6., .......... a
-23-
Words underlined are added; words struck through are
deleted.
qualified tc ~lacc, block and tic daw~ ~obilc
include ^~-~^ -'.,-~ .... air
~:OTE: Pursuant tc Section 205,192, Florida Statutes, nc
Gcrtificatc cf Competency s,hall be required cf any duly licensed
mobile home ~^-~^- cr duly liceneed mobile ,home mcnufacturcr, cr
~22, Florida ~ ........
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 om 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) momths 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
-24-
Words underlined are added; words struck through are
deleted.
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 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 Painting, and Roof
Cleaning 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
of Naples 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.
-25-
Words underlined are added; words struck throug_~ are
deleted.
1.6.3.39. RESERVED. ' '
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 Naples 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 gradj 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
-26-
Words underlined are added; words struck throug~ are
deleted.
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 genere], 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.
1.6.3.45. 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 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 passing grade on a
three (3) hour test and a passing grade 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
-27-
Words underlined are added; words struck through are
deleted.
property, of main sanitary 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. 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.
1,5 3.~8 "'^~ Drillin- ~^-~rcctcr rcqu:rcs ....... ·
(24) mcnt,hs cxpcricncc, . ~ ...... ~ ~
a watcr wcll, tcst wcll, .hydraulic lift and clcvatcr shaft, and
Said ccntractcrs must '~"~ w ....... ~ ................
thc Scut.h Flcrida Watcr Managcmcnt District.-
1.6.3.489. Tree Removal and Triming Contractor requires
twelve (12) months experience with a passing grade on a two (2)
hour business and law test and means those who are qualified to
trim and remove trees and stumps. Thc ~card ~ .... ~- prcvidcs ~
~e..particular amcndmcnt that trcc rcmcval and trirning
requircmcnts ............................................. ~
-28-
Words underlined are added; words struck through are
deleted.
1.6.4. Contractor Licensing Supervisor means the
individual who oversees contractor licensing and its investigations
or_!__presents comElaints regarding licensed contractors in Collier
County, Florida. This individual holds office in the Gemb~-ieeee
6e-r-~-~eee-~ Buildin~ Review and Permitting__p~artment of the
[~ Community Development and
Environmental Services Division of Collier County Government.
1.6.5. 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 of an amployment 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
-29-
Words underlined are added; words struck through are
deleted.
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.
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 of Naples 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
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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 L~hor 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.----T~ apprentice programs approved, as cf the cffcctivc datc cf
· ' by the Bureau of Apprenticeship, Division of Labor,
Employment and Training of the Department of Labor and Employment
Securityz 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;
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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;
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 ~ho 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.
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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 6e ' ''
~ Buildinq Review and Permittinq
D~artment of the Community Development and Environmental Services
Division of Collier County Government and the City of Naples
Building and Zoning Division, and the resolution establishing such
fees shall be on file with the City of Naples Clerk and the Clerk
to the Board. The schedule of fees and charges may be changed in
accordance with standard resolution adoption and amendment
procedures of the Board of County Commissioners and repeal or
amenchnent 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;
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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 applicant's whereabouts;
2.2.10. A sta'lement ee--t-e 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 County/City of Naples
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 testing 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,
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the applicant shall apply through a qualifying 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. Qualifying 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;
2.3.11. The signature of an authorized officer of the
business organization;
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2.3.12. Quailfief 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 nunsbets 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 of Naples Certificate of Competency has
been made;
h. A statement whether the qualifying agent has
ever been convicted of a crime related to
contracting and anX crime of moral turpitude;
i. A complete list of all outstanding debts related to
the qualifying agent's 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;
1. 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
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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;
e. The names and telephone numbers of two persons who
will always know the applicant's whereabouts;
f. Scores on any approved examination, including the
area of competency tested, the dane 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 applicant's 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;
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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 S~te 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.
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.
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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
e_~erience wherebX such competency testinq 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 of Naples and in Collier County;
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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;
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 Exa/niners.
The approved examiners for the purpose of administering
proctored exams as required by this Ordinance are Block and
Associates, 5700 S.W. 34 St. ~ 1303, Gainesville, Florida 32608 and
any other testing agency with comparable testing standards
recognized and approved throughout the State of Florida and also
approved by the Collier County Contractors' Licensing Board.
2.7. Exauninations.
A minimum passing grade of 75% shall be required on all
examinations. Examinations shall be specific to the trade category
for which application for a Certificate of Competency has been
made. Said examinations shall be proctored and graded by a testing
agency meeting all the requirements of Section 2.6 of this
Ordinance. When a Certificate of Competency becomes void pursuant
to Section 1.4.9 herein, all previous examination scores shall be
disregarded 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 categories of insurance, as required by Florida law, at all
times. Such insurance shall be with an insurance company
authorized to do business in the State of Florida. The minimum
limits of liability insurance required shall be not less than
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$100,000 for bodily injury and $25,000 for property damage or any
higher minimums as required by Florida law. All licensed
contractors shall maintain applicable Workers' Compensation
insurance as required by Florida law.
2.9. Inactive Status.
2.9.1. Any person or firm that holds a valid Collier
County/City of Naples Certificate of Competency may place the
Certificate of Competency on inactive status during which time said
person or firm/entity shall not engage in contracting but may
retain the certificate on an inactive basis provided that timely
payment is made of an annual renewal fee as set forth in Section
2.1.5 of this Ordinance and applicable resolutions enacted by the
Collier County Board of County Commissioners.
2.9.2. Persons or business organizations desiring to
renew an inactive certif~,~ate may do so by complying with the
requirements of Section 1.4 of this Ordinance relating to renewals.
2.10. Restricted Certificates of Co_~-Tetency.
The Contractors' Licensing Board may issue a Certificate of
Competency to an applicant for a certificate in a particular trade
which is restricted to certain aspects of that trade where the
applicant has satisfactorily demonstrated to the majority of said
Board that the applicant is qualified under this Ordinance in those
certain aspects of that trade.
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 of Naples 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 of
Naples 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
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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 of Naples of licensed and unlicensed activity through its
investigation and citation authority.
2.12.1. The County shall be responsible for issuing
licenses in accordance ~'roth this Ordinance to authorize contractors
to work within the geographic boundaries of County and the City of
Naples. The County shall collect the fees for those contractors
licensed to work within the County and City of Naples.
2.13. All 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
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of reasonable reproduction costs, which shall not exceed
the Contractor's actual reproduction costs, by the
Contractor Licensing Supervisor or his designee.
PART THREE: TBE CONTRACTORS' LICENSING BOARD.
3.1. Co~rposition.
3.1.1. ~q~e~e-i= h=r=~y zr=at=~ th= Ccn~===~
v~ .... ~-- ~=z~ far C=II~== Ccunt~, ~--~- The Contractors'
Licensing Board is shall be composed of nine (9) members who shall
be appointed by the Board of County Comissioners. A minimum of
two (2) of these meters shall reside within the corporate city
limits of Naples or shall be reco~ended to the Board of County
Comissioners by the Naples City Council. The Board of County
Co~issioners may also appoint alternate meters as it deems
appropriate. The nine (9) meters of the Contractors' Licensing
Board shall consist of 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 building
contractor and a licensed representative from one of the other
specialty trades or professions requiring a Certifbcate of
Competency as provided in this Ordinance. This Section is merely
directory and failure to have a member of each of these trades
shall not be grounds for voiding any action of the Board. All
meters of the Contractors' Licensing Board shall be permanent
residents and electors of Collier County and shall serve without
compensation. Meters may be rei~ursed for such travel, mileage
and per diem expenses as may be authorized, in advance, by the
Collier County Board of County Coeissioners.
3.1.2. All initial appointments of a me~er shall be for
a term of three (3) years except may otherwise be authorized in
Ordinance No. 86-41, as amended from time to time. The mcmbers of
thc Ccntractcrs' Liccnsing ~oard shall bc as prcccntly ccnstitutcd
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~ Collier County .Resolutions }]c. 89-171 and }Ls. 90-9e. Subsequent
cmbcrs .... ii ~^ as ....... :
(I) year.
.~crs appointed for a term cf two
C, Three '~ -^-~^-- .~ ......... a of th~
a term cf three ~2) ye;rs. A me~er may be reappointed by the
Co111er County Board of County Commissioners in accordance wlth
Collier County Ordinance No. 86-41, as it may be amended from tlme
to tlme.
3.1.3. A member of the Contractors' Licensing Board may
be removed from office for any cause by a majority vote of the
Collier County Board of County Commissioners. If any member falls
to attend two of three successive board meetlngs wlthout a
satisfactory excuse and without prior approval of the chairperson
of the Contractors' Licensing Board, the Contractors' Licensing
Board shall request that the Co111er County Board of County
Commissioners declare the member's offlce vacant and promptly f111
the vacancy.
3.1.4. Any vacancy occurring durlng the unexpired term
of offlee of any member of the Contractors' Licensing Board shall
be fllled by the Board of County Commissioners. An appointment to
f111 a vacancy shall be for the remainder of the unexplred term of
offlee.
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.
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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.
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 of Naples Certificate of Competency, or a State
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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. No 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 of Naples Certificates of Competency or State
certified contractors doing business in Collier County or
the City of Naples 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.
3.3.5. The Contractors' Licensing Board shall also have
all other powers granted to said Board 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.
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4.1. Misconduct - Collier County/City of Naples Certificate
of Ccsq~etenc7
The following actions by a holder of a Collier County/City of
Naples 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 prime 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 ~he operations, management, and control of
such companies, such act constitutes prime 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
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Words underlined are added; words struck through, are
deleted.
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 -~^- nincty (nn] 4 .... , ,~ ..... of 3 if the
contractor, .'-~ ..... ~ -~ ..... ~^ -~ .... ~ ....... ~^~ ~- ~- ~^
construction ccntract. 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. Substantially disrcgarding Disregards or
violate__s ing, 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:
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Words underlined are added; words struck through are
deleted.
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 ~ircumstances
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
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deleted.
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~ processr product or part thereof does not meet
generally acg. epted 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 z~ 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 Naples 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 of Naples Building
and Zoning Division/Collier County Building Review and Permitting
Department.
-50-
Words underlined are added; words struck through are
deleted.
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,
e 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.
4.2.2. Willfully violating the applicable building
codes or laws of the state, City of Naples or Collier County.
4.2.3. If the Board finds through the public hearing
process that the contractor was found guilty in another county or
municipality within the past twelve (12) months, of fraud or a
willful building code violation and finds that such fraud or
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deleted.
violation is fraud or a violation if committed in Collier County or
the City of Naples.
4.2.4. Fraud.
4.3. Disciplinary Proceedings~. includin~ 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.~32(!!, F.S.; and (iii) other violations within the
jurisdiction of the Contractor's Licensing Board.
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 desiqnee 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
Words underlined are added; words struck through are
deleted.
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 violatedr 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 desig~ee, 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.
4.3.2. Any person who believes that a contractor
holding a Certificate of Competency has violated this Ordinance may
submit a sworn complaint to the Contractor Licensing Supervisor, or
his/her designee. The complaint shall be in substantially the form
prescribed by the Contractor Licensing Supervisor. The complainant
shall pay a fee of $50.00, to defray the costs of administering the
complaint, at the time of filing the complaint. The complaining
party shall state with particularity which section(s) of this
Ordinance he or she believes has been violated by the contractor
and the essential facts in support thereof.
4.3.3. Upon the submission of a sworn complaint, the
Contractor Licensing Supervisor, or his/her designee, shall conduct
a preliminary investigation and determine whether the complaint
submitted warrants the filing of formal charges. If charges are
warranted, the Contractor Licensing Supervisor, or his/her
designee, shall file the complaint with the Clerk to the Collier
County Board of County Commissioners and shall send, by certified
Words underlined are added; words struck throuqh are
deleted.
mail, return receipt requested, a letter to the licensed contractor
at his local address, or if applicable the local agent's address,
as shown by the records of the Contractors' Licensing Board,
enclosing a copy of the complaint and indicating:
a. The name of the complainant;
b. The date(s) of the commission of the alleged
offense(s);
c. The section(s) of this Ordinance alleged to
have been violated;
d. The range of disciplinary sanctions which may
be imposed upon any contractor, pursuant to
this Ordinance by the Contractors' Licensing
Board in the event said Board finds a
violation of this Ordinance to have occurred;
e. The date, time and place at which the
contractor shall appear before the
Contractor's Licensing Board for a hearing
regarding the complaint. The date scheduled
shall not be sooner than twenty (20) days
from the mailing date of the certified
letter.
4.3.3.1. The notice of hearing required by this
Section may, in the alternative, be accomplished by hand delivery
of said notice to the contractor by the Contractor Licensing
Supervisor, or his/her designee, or by leaving said notice at the
contractor's business or usual place of residence with some person
of his/her family over 15 years of age and informing such person of
the contents of the notice.
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 follows:
a. Such notice shall be published once during each
week for four (4) consecutive weeks (four
publications being sufficient) in a newspaper of
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deleted.
general circulation 1[~ ~olllel ~uun~y. ~la~
newspaper shall meet such requirements as are
prescribed under Chapter 50, Florida Statutes, for
leqal 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' 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.
~matters under the jurisdiction of the Contractor's
Licensin Board the Buildin Official is authorized to issue
su__~_poenas to the ~reatest extent then allowedincluding
Section 162.08 F.S.
Words underlined are added; words struck through are
deleted.
4.3.4.4. Assuming proper notice of the hearing has
been provided to the contractor as provided in Section 4.3.3 of
this Ordinance, a hearing may proceed in the absence of the
contractor.
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 testify 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.
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deleted.
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 ~-~ 3__0 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 cf 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 of Naples
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,
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deleted.
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 of Naples
Certificate of Competency;
b. Suspension of a Collier County/City of Naples
Certificate of Competency;
c. Denial of the issuance or renewal of a Collier
County/City of Naples Certificate of Competency;
d. A period of probation of reasonable length, not to
exceed two years, 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
contracto"'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
Naples building permits or requiring the issuance of
permits with specific conditions.;
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Words underlined are added; words struck through are
deleted.
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 of Naples 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 1E 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 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.
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deleted.
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 monetarv penalties may
be collected and disposed as authorized by and subiect to Chapter
489. F.S, Should anv monetarY penalty imposed by the Board not be
paid within the time sDecifie~ bv the Board's Order. the Board may
reau~s~ from the. Board of County Commissioners authority to take
~pprOpriate legal ~iOn ~O ~Qlle~ ~h~ penalty.
PART FIVE: RE-HEARING AND APPEALS OF DECISIONS OF THE
CONTRACTORS' LICENSING BOARD.
5.1. Rehearing.
5.1.1. The contractor found to be in violation of this
Ordinance may request a rehearing of any decision of the
Contractors' Licensing Board. A request for rehearing shall be
made in writing and shall be filed with the Clerk to the Collier
County Board of County Commissioners, and served on any other
parties, within twenty (20) days from the date of mailing of the
Board's written decision under Section 4.3.4.9 and 4.3.4.10 of this
Ordinance. A request for rehearing shall be based only on the
ground that the decision was contrary to the evidence or that the
Words underlined are added; words struck through are
deleted.
Board's written decision under Section 4.3.4.9 and 4.3.4.10 of this
Ordinance. A request for rehearing shall be based only on the
ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental
to the decision of the Contractors' licensing Board. The written
request for rehearing shall specify the precise reasons therefor.
The decision of the Contractors' Licensing Board which is the
subject of the rehearing request shall remain in effect throughout
the rehearing procedure unless the Contractors' Licensing Board
orders otherwise.
5.1.2. The Contractors' Licensing Board shall make a
determination as to whether or not to rehear the matter and its
decision shall be made at a public meeting, reduced to writing and
mailed to the interested parties within ~-Q 21 days after the
decision is made. If the Contractors' Licensing Board determines
it will grant a rehearing, it may:
a. Schedule a hearing where the parties will be
' given the opportunity of presenting evidence or
argument limited by the Contractors' Licensing
Board to the specific reasons for which the
rehearing was granted; or
b. Modify or reverse its prior decision, without
receiving further evidence, providing that the
change is based on a finding that the prior
decision of the Contractors' Licensing Board
resulted from a ruling on a question of law
which the Board has been informed by its
counsel was an erroneous ruling.
5.2. Appeals.
5.2.1. The contractor found to be in violation of this
Ordinance may appeal a decision of the Contractors' Licensing Board
to the Collier County Circuit Court. Such an appeal shall not be a
hearing de novo but shall be limited to appellate review of the
record created before the Contractors' Licensing Board. Any appeal
shall be filed with the Circuit Court and served on the parties
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Words underlined are added; words struck through are
deleted.
within thirty (30) days of the mailing of the decision of the Board
under Sections 4.3.4.9 and 4.3.4.10 of this Ordinance. If there
has been a re-hearing request, the appeal shall be filed with the
Circuit Court and served on the parties within thirty (30) days of
the mailing of the re-hearing decision under Section 5.1.2 of this
Ordinance.
5.2.2. In the event that the contractor found to be in
violation of this Ordinance should elect to appeal, a verbatim
record and transcript of the proceedings shall be necessary. It
shall be the sole responsibility of said party to ensure that a
record is made form which a transcript may be prepared which
includes the testimony upon which an appeal may be taken. Neither
Collier County nor the Contractors' Licensing Board shall have any
responsibility to provide a verbatim record transcript of the
proceedings.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance
of the City of Naples or Collier County or other applicable law,
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 TBE 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.
The sections of this Ordinance may be renumbered or relettered to
accomplish same, and the word "Ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION FOUR: ~-~-~CTIVE DATE.
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Words underlined are added; words struck through are
deleted.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed with
the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~[ day of ~ , 1997.
e ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
' ' OF COLLIER COUNTY, FLORIDA
· a By:
~. 'Deputy dl~rk/ ~" T~OTHYV. vHA'N~.6CK, CHAIRMAN
: .
"Approved as tO form and legal suffie. i'ency:
/-~~ ~is ordl~e filed with the
"~ Secreta~ of State's Office the
) ' ~ day of _~ ~,/~ ~
~55~3L8~ County A~o~ey filing received ~h~s ~ ~Y
..~
-63-
Words underlined are added; words struck through are
deleted.
NO.
.COLLIER COUNTY
BUILDING REVIEW & PERMITTING
CITATION
Pursuant to Secxion 489.127(3Xa), Florida Statutes, the undersigned hereby certifies that
upon personal investigation, he/she has reasonable and probable grounds to believe that
the person whose naxne appears I>elow, as Issued To, did violate Subsection 487.127(I ),
Florid· Statutes, and Collier County Contractor's Licensing Ordinance No. 90-105 (as
may be amended from time to time} by commiRing the violation stated below.
Issued To:
Address
City State .Zip
Vehicle Make/Fype (if applicable) I Year { Color { Tag No.
Location of Vio{ation
.OPTIONS
! have bccn informed of the violation of which I have been charged and elect the
following option: (Check One)
l ) {'lI choose to pay the penalties of $ on the Citat{6n
2) F'] I choos~ not to pay the penalty and will re, quest in writing by certified mail or
hand delivery an Administrative Hr~ng befor~ the Contractor's Licensing Board
Description of Violation: Date Violalion Observed:
a) ['1 Falsely hoid self or a business organization out as a licensee, certificateholder or
registrant;
b) {'] Falsely impersonate a certificateholder or r~gistrant;
c) {'l Present as his own the certificate or registration of another,
d) [] Knowingly give false or forged evidence to the Board or a member thereof;
e) [] Use or aRcrnpt to use a certificate or registration which has be~'n suspended or
revoked;
f) f'q Engage in the bus{hess or act in the capacity of a cont~'lor or advc-~is~ self or
business organization as available to engage in the business or act in a capacity of a
contractor without being du{y registered or certified;
g) [] Operate a business organization engaged in contracting after sixty (60) days
following the termination of its only qualifying agent without designating another
primary qua{ifying agent, except as provided in ss 489.119 and 489.1195, Florida
Statutes;
h) {'1 Commence or perform work for which a bui{ding permit is required pursuant to
an adopted stale minimum building code, without such permit being in effect; or
{) {'{ Willfully or deliberately disregard or violate any Collier County ordinance
relating to uncerti~ed or unregistered contractors.
A person or business organization operating on an inactive or suspended certificate or
registration, or operating beyond the scope of work or geographical scol:~ of the
registration, is not duly certified or registered.
SIGNATURE (RECIPIENT) SIGNATURE {INVESTIGATOR)
PRINT (RECIPIEN'F'S NAME) PRINT {INVESTIGATOK'S NAME)
Pursuant to 489.127, Florid· Statutes, willful refusal to sign and accept this citation constitutes · E XH ~ B I 't ilk
misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083, Florida P a g e I o ~ 2
Statutes.
(SEE REVERSE FOR INSTRUCTIONS)
INSTRUCTIONS
PAYMENT OF CITATION:
The penalty for each uncontcsted violation has bccn set by the Board of County
Commissioners of Collier County and shall bc payable to the Board of County
Commissioners, 2800 North ttorscshoc Drive, Naples, Florida 34104, not later than 10
days of the notice receipt, exclusive of weekends and legal holidays.
PAYMENT MUST BE MADE BY CASH, MONEY ORDER, OR CHECK.
ALL FEES MUST BE REMITYED IN U.S. FUNDS
FINE SCHEDULE - UNCONTESTED VIOLATIONS
Ist Uncontcsted Offense $300.00
Each Uncontcsted Offense Thereafter $500.00
REQUEST FOR IIEARING:
You may request an Administrative Hearing, within the same ten (I0) day time frame,
before the Collier County Contractor's Licensing Board upon notice, in writing, to the
Director of the Building Review and Pcrmitting Department. If you do not request a
hearing or pay the penalty fee as prescribed, the citation shall automatically bccomc a
Final Order of the Contractor's Liccnsing Board ordering the violator to pay the civil
penalty set forth on the citation without a hearing. A certified copy of such Order shall
bc recorded in public records and thereafter shall constitute a lien against most rcal or
pcrsonal property owned by the violator. Upon petition to the Circuit Court, such Order
may be enforced in the same manner as a Court Judgment by the Sheriffs Office of the
State. If after three (3) months from filing such lien, the lien remains unpaid, the
Contractor's Licensing Board may authorize the County Attorncy's Office to foreclose
on the lien.
If you or your designated representative show at the Administrative Hearing that the
citation is invalid, or the violation has bccn corrected prior to appearing, the Board may
di~;miss the citation unless the Board finds the violation to bc irreparable or irrcvcrsible.
The maximum penalty for a contested citation is $1,000 for each day the violation exists.
Each day a willful knowing violalion continues shall constitute a separate offense and
penalties shall continue to accrue. Any aggrieved party may appeal a Final
Administrative Order of the Board to the Circuit Court. Such appeal shall not bca
heaxing dc novo, but shall bc limited to appcllatc review of the record created before the
Board. An appeal must bc filed within thirty (30) days of the execution of the Order
lfyou nccd additional information, call
EXHIBIT A
Page 2 of 2
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. 97-68
Which was adopted by the Board of County Commissioners on the 28th day
of October, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 29th day of October,
1997.
DWIGHT E. BROCK
Clerk of Courts and. Clerk " ,--
_
Ex-officio to Board~of -
County CommissionerS~
By: Ellie Hoffman
Deputy Clerk