Ordinance 90-105 ORDINANCE NO. 90- 105
AN ORDINANCE REQUIRING CERTIFICATES OF COMPETENCY
IN CERTAIN BUILDING TRADES; LIMITING THE ISSUANCE
OF BUILDING PERMITS TO COMPETENT OR EXEMPT
INDIVIDUALS; PROVIDING FOR EXF2~PTIONS; PROVIDING
FOR RENEWAL OF CERTIFICATES OF COMPETENCY;
REQUIRING CONTRACTORS' IDENTIFICATION ON ALL
ADVERTISING MEDIUMS; DEFINING THE TRADES FOR WHICH
A CERTIFICATE OF COMPETENCY IS REQUIRED; PROVIDING~
FOR STOP-WORK ORDERS FOR UNLICENSED CONTRACTING
WORK; PROVIDING FOR EXPERIENCE REQUIREMENTS FOR TH
ISSUANCE OF CERTIFICATES OF COMPETENCY; PROVIDING
AN APPLICATION PROCEDURE FOR CERTIFICATES OF
COMPETENCY FOR INDIVIDUALS, FIRMS & LEGAL BUSINESS~
ENTITIES; PROVIDING FOR MASTER OR JOURNEYMAN
APPLICATIONS; PROVIDING STANDARDS FOR THE ISSUANCE~'~
OR DENIAL OF CERTIFICATES OF COMPETENCY; PROVIDING~
FOR APPROVED EXAMINERS AND EXAMINATIONS; STATING
APPLICABLE INSURgeNCE 'REQUIREMENTS; PROVIDING FOR
INACTIVE STATUS OF CERTIFICATES OF COMPETENCY;
PROVIDING FOR CITY OF NAPLES RECIPROCITY;
RECOGNIZING RESTRICTED & EMERGENCY RESTRICTED
CERTIFICATES OF COMPETENCY; PROVIDING FOR THE
CREATION OF THE CONTRACTORS' LICENSING BOARD, ITS
INTERNAL OPERATING PROCEDURES, DUTIES & POWERS;
PROVIDING CATEGORIES OF COlOr, ACTOR MISCONDUCT;
PROVIDING FOR THE INITIATION AND ADMINISTRATION OF
DISCIPLINARY PROCEEDINGS AGAINST CONTRACTORS;
PROVIDING FOR REHEARING & APPEALS OF DECISIONS OF
THE CONTRACTORS' LICENSING BOARD; PROVIDING FOR
TITLE & CITATION; PROVIDING FOR REPEAL OF COLLIER
COUNTY ORDINANCE NO. 85-42; PROVIDING PENALTIES FOR
VIOLATION, CONFLICT & SEVERABILITY & AN EFFECTIVE
DATE.
NH~P~,%S, Section 125.01, Florida Statutes, provides that
~ic0~nties shall have the power to establish business, building and
related regulations which are necessary for the protection
the public; and
~ ~, Section 489.105(1:1) and 489.131(7), Florida
Statutes, recognize the right of counties to create local boards
ii'~.to regulate construction contracting; and,
~HER~,%$, the Board of County Commissioners of Collier County,
Florida, finds that it is desirable to regulate the contracting
.es since such industrie~ may pose a danger of significant
harm to the public when incompetent, irresponsible or dishonest
provide inadequate, unsafe, unstable or short-lived
or services; and
~' :'r~, it iS necessary in the interest of the public
safety and welfare to regulate the contracting
(1)
T~EV. EFO~; BB IT ORX)3,X~I~D BY ~ ~ OF CO~Y
'~hl~oful' to con~ic[' Without a Ce~iftcate of Competency.
:A~W.:~aL1 h~:~nIawful. f~',~ny ~erson, fi~,. pa~nership,
~'~o~oration or other l~ga[. ~t~ tol engag~ tn any
,A~nlt~ctlo~ 'c0n[rao~:Jng ~u~'!'.~mss.,. advegiSe or represent
~If~e=~e!~:~ ~":busines~"6~anization as available to
· ~'~q~W ~' anF"co~'s~=ti~ C~h%=act~ng business, or act
~~ o~'~ .on~r~or o~ ~eon~r~e~or for ~n~
:.~::~CO~Ora~d' area of C~lli~r g0un~y, wl~out having first
".i'Li'.~ '. .":.'. ' ":.'~. f.U.2 '"
~'d~ ~pp~:~t~o~' 'f~: ~.~v~;~ePp ~ssued a current and
~ll~':~oll~~."~e~,g~' of co~peten~ or an
.... - -'.-. '~. '.:~'7. f,~ .
:'~pl~c~e S~te-OsSified' L~ense. Nothing herein shall be
T~nS~d' 't~ me~ ~a~.'~ere' '~a~6t be employees in a trade
are not ~alif~ed' or ce~if~ed width ~e definitions
~-.' 2'. - '
U herein set fo~ if su~ ~ployees are ~ployed by a
'w~nsed, co~tractor who exercIses--supe~tston an~ control
~er, said' ~l~es. ~Indici~' of an emplo~ent relationship
include the empl0yer's regular payment of wages and
, FICA deductions, tax withholding and provision
"Comp~nsation to the employees, all, as prescribed
Permits.
*2.
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 Certificate of Competency, an
applicable State Certified License, or is exempt from
the operation of this Ordinance.
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
(2)
~ov .::: perform the permitted construction, alteration, or
~.~':.repair..'Such, conduct shall be-punishable as a
:,-- violation of this Ordinance and the
'~' permit and inspection shall be considered invalid
'4'- 9 .... forthat.portionof.the~construction related to the
~iil% Owner-Builders,; '-
'emoa~. 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
mae- ~.-on such. property-for the occupancy or use of such
v~.: '~:ow~e=s end,not offered:-for-.sale.or lease, or building
mn~-..:~or, improving commercial.buildings at a cost of under
-zo:.=u:,.$25,000:.on such property for the occupancy or use of
· -' : such owners and not offered for sale or lease. In
~r~' all actions brought under Section 1.1 of this
.~.o.¥~:Ordinance', proof of the sale or lease, or offering
~,.,' .tfor~sale or lease, of more than one such structure by
the owner-builder within 12 months after completion
:: .... of:same 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.
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, or a
commercial renovation not to exceed $25,000.00 in
value, in any three (3) year period.
(3)
'1.3.3.
1.4.1.
1.4.2.
The provisions..of, thts..Ordinance shat1 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 othe=wise engage in contracting except in
accordance with his employment.
Persons Holding Current. State Certified Certificates
of Competency~
AnF. eperson holding~s~current. State of. Florida
Cert~f~ed.Certiftcate of'Competency is exempt from
obtaining:a..'Collier County 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 issuedby the Tax Collector of Collier-
County,. and his/her performance as a contractor shall
be subject to all other requirements of this
Ordinance/not ~n conflict with applicable Florida
law~
of Certificates of Competency.
Certificates of Competency shall expire annually at
midnight on September 30th of each year.
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.
Applicants for renewal must present the Contractor
Licensing Supervisor with the following:
(4)
1.4.4.
A. Evidence of insurance as required by this
B. A Current Collier County occupational license.
Any individual failing to renew his Certificate of
Competenc~priorto midnight on September 30th of
each.year, shall have until midnight December 31st of
the'same, year to renew his Certificate of Competency,
provided however, that in addition to payment of the
s~andardrenewal-fee-'as'required by this Ordinance,
the applican~ 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.
Shou~Sept~mbar~0th~:or~.December 31st be a Saturday,
Sunday,~or legal'holiday, the renewal period shall
not~expire until midnight of the next working day.
1.4.6. Any individual failing to renew his Certificate of
Competency, prior'to December 31st shall be required
to;make reapplicatton pursuant to Part Two of this
.Contractors' Identification Required on all Advertising
1.5.1. A~I~ contractors licensed under the provisions of this
Ordinance shall be required to firmly affix and/or to
display the qualifter's Certificate of Competency
Number and the "Doing Business As" Name on all
advertising mediums used by the contractor, including
vehicles used in their trade or business. The
mtnimumheight of each number or letter affixed to
and displayed on vehicles shall be two (2) inches.
6. Definitions and Contractor Qualifications.
1.6.1.
Contractor - the person who is qualified for and
responsible for the entire project contracted for and
means, except for those herein exempted, the person
(~) .
m 041.=,:3'S2
who, for compensation, undertakes to, or submits a
bid to, or does himself or by others, construct,
repair, alter, remodel, add to, subtract from, or
improve any building or structure, including related
improvements to rea~ 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)
1.6.1.2.
1.6.1.3.
months experience as a supervisor with a
passing grade on a six-hour test and means a
contractor whose s~rvtces are unlimited as to
the type of work which he/she may do, except
as provided in this Ordinance.
NOTE~ See also Sect. 1.6.2.
Building Contractor requires forty-eight (48)
months experience as a supervisor with a
passing grade on a six-hour test and means a
contractor whose services are limited to
construotion of commercial buildings and
single-dwelling or multiple-dwelling
residential buildings, which commercial or
residential bui~dings 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.
Residential Contractor requires forty-eight
(48) months experience as a supervisor with a
passing grade on a six hour test and means a
contractor whose services are limited to
construction, remodeling, repair, or
(6)
improvement of one-family, two-family, or
three--family-residences not exceeding two
stories in height and accessory use structures
in connection therewith.
''~:']~7~ 'Also see Sect. 1'.6.2.
1.6.1,4. Contractor qualifications for practice and
.~restrictions. -. '
A-'general~cbuilding, or residential contractor
shale, not b~'required to subcontract the
~nstallation of wood shingles, wood shakes,
asphalt or fiberglass shingle roofing
materials-on a new building of his own
construction. Further~ a general contractor
~ll no%~be~requ~r~d to subcontract
structural:'swimming pool work~ andy on new
sit~.development, work, siteredevelopment
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
d~str~but~on system, not including the
cont~nuation of utility lines from the mains
to the bu~ldings. 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 ars to be considered a part of
the main sewer collection and main water
distribution systems. Ho%,ever, no General,
Building or Residential Co~ntractor State
Certified after 1973, shall act as, hold
himself/herself out to be, or advertise
himself/hers~lf to be a roofing contractor
(7)
unless he/sho la certified or registered as a
roofing contractor.
Subcontracting; S~)contractors.
A contractor shall subcontract the electrical,
mechanica~,_ plumbing, roofing, Sheet metal, swimming
pool, and air. conditioning work for which a local
examinat:iOn-for a Certificate of Competency or a
license is-'required, unless such contractor holds a
Certificate off'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
~4.}'mon~hs experience and a passing grade on
%z. thre&:hour t~st a~d means' any person whose
s~rv&ces are unl~mited in tha sheet metal
tradeand who has the experience, k~owledge,
and skill necessary for the manufacture,
fabrication, assembling, handling, erection,
l~stallation, dismantling, conditioning,
&dJustment~ insulation, alteration, repair,
s~rvicing, or design, when not prohibited by
law, of ferrous or nonferrous metal work of
UiS. 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 does not include
roofing.. . · ,
1.6.2.2. Roofing Contractor requires thirty-six (36)
months experience, a passing grade on a three
hour 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 al=station of all
:,.: ..... -kinds of roofing and roof waterproofing and
-~. coating, except when coating is
'.'~ .....not,represented to protect, repair,
1.6.2.3.
waterproof, stop leaks, or extend the life of
the roof.
Mechanical Contractor requires forty-eight
(48) months experience, a passing grade on a
sixr~our-test-and means any person whose
services are unlimited in the execution of
contracts requiring the experience, knowledge,
and skill to Install, maintain, repair,
fabricate, alter, extend, or design, when not
prohibited by law, central air conditioning,
refrigeration, heating, and ventilating
systems, including duct work in connection
with a complete system only to the extent such
duct work is performed by the contractor as is
necessary to make complete an air-distribution
system, boiler and unfired pressure vessel
systems, lift station equipment and piping,
and all appurtenances, apparatus, or equipment
used in con~ection 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,
(9)
1.6.2.4.
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
l~mr..and low voltage heating, ventilating,
and.air conditioning control wiring on the
loa~ side of an existing electrical disconnect
switch; and to install a condensate drain from
an ai~T..=~nditioning'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
ther~a~ b~trshall.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, -
Ctass-:A"air conditioning contractor requires
thirty-six (36) months experience with a
passing, grade on a six hour test and means any
person whose services are unlimited in the
execution of contracts requiring the
experience, k~owledge, 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,
(lO)
1.6.2.5,
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, vessel~ and ducts, pressure and process
piping, and pneumatic control piping~ to
discormect 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
connectionuto 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.
Class B air conditioning contractor requires
twenty,four (24) months experience with a
passing grade on a six hour test and means any
person whose services are limited to
twenty-five tons of cooling and five hundred
thousand 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
1.6.2.6.
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
d~scotmect;or.reconnectpower wiring and low
voltage heating, ventilating, and air
conditioning control wiring on the load side
of an existing electrical disconnect switch~
and.to~insta11 a. condensate drain from an air
cond&t~on~ng: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
p~troleum 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.
Class C air conditioning contractor requires
twenty-four (24) months experience with a
passing grade on a six hour 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.
NOTE.' STATE REGISTRATION NOT REQUIRED.
(12)
1.6.2.7.
1.6.2.8.
Commercial pool/spa contractor requires
thirty-six (36) months ex~erience with a
passing grade on a three hour test and means
any person whose scope of work involves, but
ks 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
s¢ope".of-such work. includes layout,
excavation,-operation of construction pumps
for dewatering purposes, steelwork,
installation of light niches, construction of
floors, guni~ing, fiberglassing, installation
o~ile~and:coping, 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,
and.'installa=ion 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.
Residential pool/spa contractor requires
twenty-four (24) months experience with a
passing grade on a three hour 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,
(13)
360
steelwork, installation of light niches,
construction of floors, guniting,
fiberglassing, installation of tile and
coping, installation of all perimeter and
filter piping, installation of all filter
equipment and chemical feeders of any type,
plastering of the interior, construction of
dmcks'~'installation of housing for pool
equipment~ and installation of package pool
heaters. However, the scope of such work does
not include direct connections to a sanitary
sewer system, potable water lines or to any
electrical installations.
1.6.2.9. Swimming~pool/spa servicing contractor
requires 24 months experience with a passing
grade-on a three hour test and means any
person whose scope of work involves the
servicing,.repair, water treatment, including,
but-not 1{mired to, the. direct infusion of
chlorine gas and maintenance of any swimming
pool or hot tub or spa, whether public or
private. The scope of such work may include
any'necessary piping and repairs, replacement
and repair of existing equipment, or
installation of new additional equipment as
necessary. The scope of such work includes
the reinstallation of tile and coping, repair
and replacement of all piping, filter
equipment, and chemical feeders of any type,
replastering, reconstruction of decks, and
reinstallation or addition of pool heaters.
1.6.2.10. Plumbing Contractor requires twenty-four (24)
months experience as Journeyman with a passing
grade on a six hour test and means any person
(14)
whose contracting business consists of the
execution of contracts requiring the
experience, financial means, knowledge, and
skill to install, maintain, '.epair, alter,
extend, or when not prohibited by law, design
pl~bing. A plumbing contractor may install,
maintain, re@air, 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 faoilities; 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
(15)
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 con'tractor.
a. Journeyman Plumber requires (4) years as
apprentice,'a passing grade on a six hour
test, and means those qualified to perform
work in the plumbing trades while employed or
supervised by a plumbing contractor.
1.6.2.11. Electrical Contractor requires twenty-four
(24) months experience as a Journeyman with a
passing grade on a six hour 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
(16)
ffi 041 , 363
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.
a.'Journeyman Electrician requires four (4)
years as an apprentice, a passing grade on a
six hour test, and means those persons
qualified to perform work in the electrical
trades while employed or supervised by an
electrical contractor.
1.6.3.
Specialt-F Contractor means any person who assumes
responsible charge and direction in tho 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 shall
be:
1.6.3.1. Acoustical - requires twenty-four (24) months
experience with a passing grade on a one (1)
hour 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 .Df grid work used to support
acoustical panels, including luminous ceiling
panels.
1.6.3.2.
Aluminum Including Concrete - Requires
twenty-four (24) months experience with a
passing grade on a three (3) hour test and
(17)
ffi
!¢
1.6.3.3.
1.6.3.4~
1.6.3.5.
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. 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.
Aluminum - Requires twenty-four (24) months
experience with a passing grade on a three (3)
.hour-test and means those who are qualified to
fabricate, in~tall, 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.
Cabinet Installation Contractor - requires
twenty-four (24) months experience with
passing grade on a one (1) hour test and means
any person who is qualifi~d to manufacture,
assemble, install, dis~'antle, 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.
Carpentry - requires thirty-six (36) months
experience with a passing grade on a three (3)
hour test and means those who have the
(18)
1.6.3.6.
1.6.3.7.
1.6.3.8.
knowledge and skill to install any wood
products in a building including, but not
limited to, rough framing, structural and
non-s~ructural, trusses, sheathing, paneling,
trim.and cabil%etry.
a. Garage. doors - restricted - requires
twelve (12) months experience and a passing
grade on a one (1) hour test.
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, e~aust 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.
Concrete Placing and Finishing - requires
thirty-six (36) months experience with a
passing grade on a three (3) hour 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 miscellaneous embedded steel
and to pour, ]place, and finish concrete.
Decorative Metal - requires twenty-four (24)
months experience with a passing grade on a
one (1) hour 'test and means those who are
qualified to fabricate and ink, tall decorative
metal fixtures~ such work should be decorative
(19)
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.
1.6.3.9. Demolition=or Wrecking - requires thirty-six
(36) months experience with a passing grade on
a three (3) hour test and means those who are
qualified to demolish structures such as
d~allinge, commercial buildings, and
foundations and to remove debris. The use of
blasting and explosives is not permitted under
this category.
1.6.3.10. Dredging' Contractor - requires thirty-six (36)
mbnt~B:experience with a passing grade'on a
three (3) hour test and means any person who
tB-qualifiad 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.
1.6.3.11. Drywall - requires thirty-six (36) months
experience with a passing grade on a three (3)
hour test and means those who are qualified to
install gypsu~ 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.
1.6.3.12. Elevator - red, ires forty-eight (48) months
experience and a passing grade on a three (3)
hour test and means those persons who are
qualified to extend, install, inspect,
(20)
l
maintain or repair any elevator, dumbwaiter or
escalator, provided that said person has a
Certificate c.f Competency with the Division of
Hotels and Re:staurants of the Department of
Business Regulation of the State of Florida.
Any required electrical installation shall be
performed only by a licensed electrical
contractor.
1.6.3.13. Epoxy Stone - requires twenty-four (24) months
experience wi.th a passing grade on a one (1)
hour test an~ means those who are qualified to
batch and mix aggregates, epoxy, hardener, and
gravel to specifications. To construct forms
and-framework for the casting'and shaping of
epoxy and aggregate. To pour, place and
finish over ¢~oncrete base.
1.6.3.14. Excavation Contractor - requires thirty-six
(36) months experience and a passing grade on
a three (3) hour test and means any person who
~s qualified to excavate to obtain or remove
materials ~u¢:h as rock, gravel and sand~ to
construct or excavate canals, lakes and
levees, incl~ding 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 re~lations. Minor excavations,
such as footings, backfill without compaction,
and similar activities are exempt hereunder.
NOTE: The u~e of explosives is not included
in this category.
(21)
04t- -368
1.6.3.15. Fence Erection - requires twenty-four (24)
months experience and a passing grade on a one
(1) hour test and means any person who is
qualified re. install, maintain or repair
fencing on qrade.
1.6.3.16. Floor Coverings - re~ires twenty-four (24)
months experience and a passing grade on a one
hour (1) te~t and means any person who is
qualified to install carpet, sheet vinyl and
wood parquet. This category does not include,
tile, marble, or terrazzo.
1.6.3.17. Gasoline Tank and Pump - requires forty-eight
(48).months experience and a passing grade on
a~three ~3) 'bout'test, and means those who are
qualified to install, maintain, repair, alter,
or extend any above ground system used for the
storing and dispensing of gasoline, kerosene,
diesel oils and similar liquid hydrocarbon
fuels or mixtures (not to include pollutant
storage).
1.6.3.18. Glass and Glazing - requires twenty-four (24)
months experience, a passing grade on a three
(3) hour te~t, 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.
1.6.3.19. Insulation.
a. All types except buildings - requires
thirty-six (36) months experience, a passing
grade on a three (3) hour test, and means
those who are qualified to install, maintain,
(22)
repair, alter, or extend any insulation
primarily installed to prevent loss or gain of
heat, from internal or external sources on
pipes, vesse.~s, 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 means those who are
qualified to install, maintain, repair, alter,
or extend any insulation primarily installed
to.prevent lose or gain of heat from room9 or
buildings.
1.6.3.20. Irrigation Sprinkler Contractor - requires
twenty-four (24) months experience and a
passing grade on a.three (3) hour test and
means any person who is qualified to install,
maintain, repair, alter or extend all piping
and sprinkler heads used for irrigation,
including any required connections to a water
pump~ however, such work does not include
direct connection to potable water lines.
1.6.3.21. Landscaping - requires twelve (12) months
experience and a passing grade on a one (1)
hour test and means any person who is
qualified to install trees, shrubs, sod and
plant materials.
1.6.3.22. Liquefied Petroleum Gas Installation
Contractor - means any person qualified and
licensed ~ursuant to Chapter 527, Florida
Statutes, to install apparatus, piping and
tubing, and appliances and equipment necessary
for storing and converting liquefied petroleum
gas into flame for light, heat, and power.
(23)
1.6.3.23. Marine, Seawalls, and Docks - requires
thirty-six (36) months experience, a passing
grade on a three (3) hour test, and means
those who are qualified to build and install
bulkheads, revetments, docks, piers, wharves,
groins, and to do pile driving.
1.6.3.24. Masonry - Requires thirty-six (36) months
experience, a passing grade on a three (3)
hour 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.
1.6.3.25. Mobile Home Set-up - requires twenty-four (24)
months experience, a passing grade on a one
(1) hour te~t, and means those who are
qualified to place, block and tie down mobile
homes (does not include electric, plumbing or
air conditioning hookups).
NOTE.' Pursuant to Section 205.193, Florida
Statutes, no Certificate of Competency shall
be required of any duly licensed mobile home
dealer or duly licensed mobile home
manufacturer, or any employee thereof, who
performs setup operations as defined in
Section 320.822, Florida Statutes.
1.6.3.26. Painting - requires twenty-four (24) months
experience, a passing grade on a three (3)
hour 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,
(24)
sandblasting'~:?aterprcofing," and clean and
paint roOfS-'.' ~
'~1.6.3.27. paving, commercial or unlimited - requires
thirty-six. (36)' months experience, a'.passing
~o.a'vho .ire ~ali~ied vi~h the a~rienca
and Si'ill, to.'const~c~ roads, aisc~ .~nva~s
and. aprons, parking lots, sidewalks, curbs and
gutters%-stormdratnags .facilities, and to
perform the excavating, clearing, and grading
Incidental thereto.
1.6.3.28. Plastering and Stucco - requires thirty-six
(36) months experience, a passing grads on a
three ~3)'-hour 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.
1.6.3.29. Pollutant Storage Contractor means a
contractor who installs a pollutant storage
tank. .Said contractor must have a State
Pollutant Storage License. A County
Certificate of Competency is not available for
this category.
1.6.3.30. Reinforcing Steel - requires thirty-six (36)
months experience, a passing grade on a three
" " '. -: '. ,'.-
(3) hour "test, and means those who
qu~lified to fabricate, place, and. tie:!steel
reinforcing bars (rods) of any pr°fi~e,
perimeter, or.cross-section, that are or. may
be used to ..ret ~0rce concret~ butld~gs'"and:
', :~':'.,,. ' "t~ures::::in:~ SUCh a.anner_' "'~' "that',"~' ' "~" ~=';~?/'~<;:'~':~:';~.; Unde=:'al
(251
· aqree~ ,' 'steel reinforcing, bars
(rods) for' concrete buildings and structures
can be fabricated, placed, and tied~
1.6.3.31. RoOf Coating;'i:R°°f'Painting, and Roof Cleaning
= requires twenty-four (24) months experience,
a passing graded on a one (1) hour test, and
means any person who is qualified to clean,
paint'or coat a roof by means of
PMeSaUre-operated~equipment, hand application
or-otherwise~ .This category does not include
roof repair.
1.6.3.31. Sandblasting - requires twenty-four (241
months;experience, a passing grade on a one
Tt)'~hour:tes=~' and means any'person=who.is'
qualified to operate a sandblasting machine.
1.6.3.33. S~aling and'Striping Contractor - requires
t~enty-four (24) months experience, a passing
grade on a one (1) hour test, and means those
W~o~.are~qualified with the experience and
skill to seal or stripe driveways, parking
lots,-sidewalks, and patios.
1.6.3.34. Septic Tank Contractor - Requires twenty-four
(24) months experience and a passing grade on
a three (3) hour test and means a contractor
whose, services are unlimited in the septic
tank trade and who has the experience,
kn°wledge, and skill to install, maintain,
repair, alter or design, where n°2,.Pro"'~bited
· :....,;.~,.
hy.~'law~' and use'material and items ?in
- : -., ,.
instalzation and maintenance of all kinds of
on-site sewage disposal systems, septic tanks,
drainfields, and aerobic systems.. ApProPriate
license or reqistration as required.
Florida Degartment of Health and
(26)
lleh~b~i{~A,~ive i.services shall ~e r~,~u]..re~ fo~
this category.
i;6.3.35. Sign Contractor - Non Electrical - re~ires
~,~:.~. ~ent~f~'-;'(-24), .months e~ertence, a Passing
' ~"- ~, , °n a one (1) hour test, and means .any
~' person.~ho 'is '~alified to ere~,
repair, alter, extend or change any
non-ela~crical' sign, provided all work is
perfor~ed'~,in accordance with applicable
Coll'ter County ordinances. This category does
not include the construction of free-standing
structural signs.
":1.6,3.36. Solar. Heater Installation - requires
twenty~four: (24)-.months eaperience,'~a passing
grade on a three (3) hour test, and means
those who have the knowledge to install,
alter,' repair, or replace any solar hot water
heating system for residences or for
res~dential.'swimming pools, including
collectors, storage and expansion tanks, heat
exchangers, piping, valves, pumps, sensors and
low voltage controls which connect to existing
plumbing stt~b-°uts and electrical disconnects.
1.6~3.~?. Structural Steel Erection - requires
thirty-six (36) months experience, a passing
grade on a three (3) hour test, and means
those who are qualified to erect structural
steal shapes and plates, including. Such minor
· .~..~ :': .~:. ,.-. -.
field fabrication as may be necessary~ 'of:-~ny,
profile, perimeter or cross-section, that are
or may be used as structural members for
buildi,g~''''~''__- . ... ,.:;.~
.'structures, and tha.e~ection of
(2?)
{141 374
Communication, towers, including
wexaxn~:an~'~rxggxng,.~ on-y in ~0nnecti°n ·
~e=ewith'~.? . ..,...' .'. ....
St~e' 'M~ing - means persons wh° 'are
re~ired to.be general, building or
residential contractors, and who are ~alified
to lift and se~re st~ctures and transpo~
said st~otures from one site to another,
whe~er' or' ~ot: such transpo~ is across ~:p~lic
roads, including the proper placement of
structures at a new location.
1.6.3.39. Tile.rand Marble - requires twenty-four (24)
months, experience, a passing grade on a three
~3~-'hour~-test, and means those, persons who are
qualified to set tile and marble.
~.~.~1.6.3.40. Tile~ Marble and Terrazzo - requires
tWenty-four (24) months experience, a passing'
gra~e'on:a~three'(3) hour test, and means
those'Persons who are qualified to mix,
prepare, and finish terrazzo, prepare the
base, and set tile and marble.
~ndsrground Utility Contractor - requires
forty-eight (48) months experience, a passing
grade on a three (3) hour test, and means
contractors whose services are limited to the
construction, installation, repair, .on public
or private property, of main eanitary'?S~wer
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 terminatio"/.~ to
~. ~.' ' ' .'.':'U""-
and including the meter location -
individual occupancy, sewer collection systems
at property line on residential or
(28)
{I41 , :375
..... · ~. eingle;~ccupancY Co~mercial prope~c~es; or. on'
multi-occupancy propez~cies at manhole or
lateral ex~ended to an ~nvert elevation as
engineered ~o acco~ate future building
sewers~ water distribut~on systems, or sto~
sewer colle~on systems at sto~ sewer
. -.,~ : ....- ... ·
st~res..'~'underground utility;contractor'
p p ng' aa
~nte~al:'pa~'of a fire protection system, as
defined in Section 633.021(7), Florida
Statutes,' beginning at the point where the
.... P~p~g":~l'use~ exclusively for such system.
1.6.3.42. Well.~i11~ng Contractor - re~ires
twenty~four~(24) months e~er~ence, a passing.
~ade. on.a ~ree (3) hour test, and means
~ose persons who are ~alified to dig, drill,
dr~ve or bore a water well, test well,
hydraulic l~ft and elevator shaft, and who may
~nsta11~ maintain and repair p~ps in
connexion ~erewith. Sa~d contractors must
also possess an applicable license ~ssued by
the Sou~ Florida Water Management District.
Contractor L~cens~ng Supe~isor - the individual who
oversees contractor licensing and who investigates
~d presents complaints regarding licensed
contractors ~n'Coll~er County, Florida.
~ndiv~dual holds off~ce-~n the Compliance Se~ices
Section. of the Development Se~ices Depa~ment of the
C~nity Development SedUces Division of Collier
Co~ty G~e~ent.
~ployee - me~s:anYperson who works for 'a~d-::i~/.~''
""'"under ~e supe~'~sion and control of a licen~ee,
provided that sa~d employee does not hold himself out
for hire or engage ~n contracting except as an
(29)
:-':'"indicia of an:'e~ployment relationship' shall 'inclUde
the employer's reeler pa~en2 of ~aqes and
c~pensat~on, F.I.C.~. deductions, tax
?:" and pr~s~on of Workers' C~pensation to the.
by ~e employer, all as prescribed by law.
Person ~ ~ean~S'Ja:[h~an;beinq or a legal: buS[nees'~.''
'"~ ;...:, :,,, .. ,' 1
tO ~e Contractor Licensing
~at a const~ion project and/or contracting
Co~ty te_beinq unde~aken by unce~ified or
nonexempt persons, the, Contractor Licensing Supe~isor, or
h~s/her desi~ee~ha~l.,place a".stop-work order on-the
?.relevant po~on, of sa~d project until such time as a
contra~or:ass~es supe~ision of the const~ct[on
'project. ~y ~ce~if~ed and nonexempt person resting
prior to ~e r~oval of the stop-work order by
Contractor Licensing Supe~isor shall be in v[°lation of
Ordinanoe.~,-u:.-...
)f a ColXier County
as ~ requirement for;"
,esuance-
Certificate of Competency, an applicant
'shall submit satisfactory evidence of experience in the
:. ~;
';trade for which he/she desires certification.
.otors' experience shall be in a supervisory capacity.
· experience shall be 'as Journeymen.
=ourneymen's experience shall be as apprentices or trainees.
,1. To determine if the applicant possesses the
.experience required by this Ordinance, th~]C~tr~ctor
~... ,?.;...:. ,..
Supervisor or his/her designee .shall
':' ~':': 'C -one:[der :?
" the following forms of proof of Je~perience:
i(30)
and ')°the~ relevant informatiOn~
b*~: copies~ of.Other cs~cificates of Competency,_.if'
in other counties or
has worked~ '.:' ~-:~"~?':
._Affidavits from any union organization of which
:~? ' . .': ~e. apP~i'C~2 has '"been a me, er. re[a2ing~:t~
.appl~an2 bas. ~ade
Aff~daV~ti~'fr~.. an~., other', source W[th~ the
-~trade' "app~ied=for,~ ......
rT.- ......
,(Education'at an:.aCc~edited school ~ay be presented
re ~ ir~m~n~s... O f :
~:~,:?.%h[~ se~ion.;'. ?SP~'c'~ically' each full Year o~.:
',.,..z .... school-level", work,in .~e trade" for which' application
' '[' - .m .' :,, ...
:is:made shall~be.. Credited. to the applicant: as
~'.but'such credit shall be
more .~an one-half of. ~a total e~erien~6'-~e~ired
'~, ~is_O~inance. -'
~TIFI~S OF CO~ENCY - ~OCED~.
~.-General.
make aP~liCa%i°nfor'"'"'"'~""'"'~such''~
':'Cer2ificate and shall sUbmit such information"as is
required by ~J~is Ordinance.
;.~'i?..:'~h°~ld the apPlicant ; b~ :. a: firm, the application
. ':.' '.th ident o~:
Y' au~ort~ed'~and empowered to
. .':~ ':.. _ '.
/.: :'.~ho shall sho~ h~ ~u~or~7 to so
application. In addition, the applt'catio~
:~all~ing.:'agent''~°rized to
.... -' '
':: '2"1.3.
:' 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 supegvise~the construction under the Ce~tificate
of Ccrmpetency issued to the applicant.
A qualifying agent may qualify no more than two firms
at the same time.
No application shall be considered unless the
applicant-suppl~es all information as required by
this-Ordinance, ..
The Board. of. County Commissioners ~ha11 establish and
adopt, by-Resolution, a schedule of fees and charges
for appl{ca~ons'forCertificates of Competency,
renawals~ 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
Compliance Services Section of the Development
Services Department of the Community Development
''Services Division of Collier County Government'and
~the resolution establishing such fees shall be on
file with 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
amendment of the schedule shall not be subject to the
procedure otherwise necessary for amendment of this
Ordinance. Current fees and charges are set forth in
Resolution No. 87-108 and shall remain in effect
until said Resolution is amended or superseded.
(32)
Application - IndiVidual.
· 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;
~2~2.2. Home address and telephone number;
.3.
"2.2.4.
2.2.5.
Business address and telephone number;
Name of applicant's business;
Applicant's proposed contracting business;'
2.2.6.
Type of Certificate of Competency for which
application is being made;
2.2.7. 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;
2.2.8. Names of two persons who will always know the
applicant's whereabouts;
J;~.2~2.9. A statement as to whether the applicant has ever
been convicted of a crime related to contracting;
2,10. Applicant's business or work experience during the
past ten years;
~2~2.11. Any formal.training in the area of competency for
which application is made;
.12. 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 Certificate of
Competency has been made. Said affidavits shall
(33)
041 , 3'80
.: 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.
Contractor Applications - Firms and Legal Business Entities.
.If the applicant proposes to engage in contracting as a
.!~... partnership, corporation,.business trust, or other legal
=..'-.. entity,:.~he,~applicant, shall apply through a qualifying agent
2.3.3.
2.3.4.
2.3.5.
~.72.3.6.
2.3.7.
and comply with all requirements and responsibilities
'~.. icontained in Sections:.489.119 and 489.1195, Florida
Statutes.
,.firm or: other legal business entity desiring to be
certified~ae:.a'competent contractor in Collier County shall
s~bmit the following information on forms provided by the
Collier County Contractor Licensing Supervisor.
2.3.1. Firm/entity. name;
. .Business address and telephone number;
Qualifying agent~
Proposed contracting business~
Type of firm's/entity's qualifying agent Certificate
of Competency;
Names and addresses.of all partners, directors and
off~cers~
Where applicable, a copy of a certificate of
incorporation or proof of recorded fictitious
.2.3.8. A list of all contracting businesses ownedby
the firm/entity during the last five years~
(34)
A credit report from a nationally recognized credit
agency if the firm/entity has been in existunce for
more than one (1) year;
2.3.10. A complete list of all outstanding debts related to
the.firmCs/entity's contracting business which the
firm/entity has not paid or refuses to pay and a
statement of the. reasons for nonpayment;
~.2.3.11. The-,mignature. of' an' authorized officer of the
2~3.i2. ~ualifier information:
a. The name of the qualifying agent and date of
-. .... birth;.
"~r'.- ~..: b,. ~he: name~ of the firm/entity to be qualified;
~r,=.- ~,~Type.~of. Cert~ficate of Competency for which
applicationis made;
=:---? -d~ The-home address of the qualifying agent;
· -- e. The names 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 applicant's honesty,
integrity, good business reputation and
competence in the trade category for which
application for a Collier County Certificate of
Competency has been made;
h. A statement as to whether the qualifying agent
has ever been convicted of a crime related to
contracting;
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;
(3~)
J. A statement of the qualifying agent's.business
and work eXl~erienceduring 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
--.qualif£ed to act for the business firm/entity in
· all.matters connected with its contracting
business and that said qualifying agent has the
authority to supervise construction undertaken by
such business organization.
Master or Journeyman Applications.
a. The name cf.-the applicant and date of.birth;
b. Home address.and telephone number;
c. Business.address andltelephone number~
i~!..d. Type of Certificate of Competency for which
application is .~',~ng made;
e. The names of+.two persons who will always know the
applicant's whereabouts~
f. Scores on any approved e):amination, including the
· .. area.of competency tested, the date of testing and the
:~;' place of testing~
'g. A statement cf..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.
.Standards for the Issuance or Denial of a Certificate of
The Contractor Licensing Supervisor or hiS)her '
designee, shall issue a Certificate of ComPetency to
(36)
the applicant i~ it appears, on the face o~ the
application, aa..'subm~tted by the applicant, that:
a. The application is complete in accordance with the
requirements of this Ordinance~
b. ~applicant possesses the experience required
by. Sections. 1.6 and 1.8 of this Ordinan=e~
o. ~e.~re~it repo~ s~mitted indicates no facts
a~.'-oir~stances which show a failure to'pay
cont~cting, re~ated bills promptly~
d. ~e:applicant meets one of the following
1) ~e applicant has taken an~ passed an
z~.~.. ..... '- exam~nation approve~ an~ recognize~
~. ~;~a oa~ .,~' throughout~.the-State' of Florida, as provide~
~- *~..-for in-Section 2.6 of this Ordinance, for the
.~ ...... area of competency for which application has
"been~a~e~ or
~ .~ 2) ~e applicant meets all licensing
...+ ~-~ -~re~ire~nts provided for by this
-'~'.=.'..'~'-:~'-- Ordinance, or
.~'"-~ ~) ~mite~ testing exemption. For a period of
._ '-.120 calendar days from the effective date
~' of this Ordinance, an exemption to the
:-~ ~ .~ testing re~irements of th~s Or~inance
...... · ~...~ ~shall be reco~ized for applicants for a
Collier County Certificate of Competency ~n
....~e following en~erated tra~es=
a) Decorative metal
b) Dredging contractor
c) Excavation contractor
d) I~igation sprinkler contractor
e) Sealing and striping contractor
f) Septic tank contractor
g) Well drilling contractor
(~)
2.5.2.
2.5.3.
2.5.3.1.
e. All required affidavits have been submitted;
f. Ail required fees have been paid;
g. The applicant possesses a current Collier
County occupational license; and
h. ~he. applicant.,or the qualifying agent is at
least 18 years of age.
Referral'of Application to Contractors' Licensing
Boar~t'fo=:Decision.
If i=':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 may refer the application to the
Contractors*~Licensing Board for a:decision regarding
approval or denial of the application.
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.
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
desig~ee.
(38)
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 ~his Subsection);
2.5.4.2. The applicants' individual or firm's/entity's
_. United-States Internal Revenue Tax number;
2.5.~4'~3~groof of'insurance as required by Section
2.8'of this Ordinance;
2.5.4%4.. A~statement t~at the applicant has or will
.. comply with all Workers' Compensation laws of
-. '-the State of Florida prior to contracting in
~,'.~, :Collier County;
2.5.4~5. -Where applicable, a statement that the
applicant ha~ registered his fictitious name
with the Cle]:k of the Circuit Court of the
county where his principle place of business
is located 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 or to one
operating un,~er a fictitious name, the
certificate shall be in the name of the
qualifying individual and the name of the
business organization or fictitious name shall
be noted thereon. The requirement~ of this
Section shall be deemed to be a portion of the
application and any false statement made by an
(39)
applicant as to information required by this
--~' Section shall be grounds, for discipline as
provided for in PART FOUR of this Ordinance.
Approved Examiners.
i~.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..
,;'.A'minimum passing-grade-of 75%.shall be required on.
all examinations~r-Examinations, shall:be, specific to'the
trade categor~ 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.
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 $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.
~i'~ iInaotive Status.
2.9.1. Any person or firm that holds a valid Collier County
Certificate of Competency may place the Certificate
of Competency on inactive status during which time
said person or firm/entity shall not engage in
(40)
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 thie Ordinance and applicable resolutions
~enacted..by~the Collier County Board of County
~ ,.-~..: '.. Commissioners ....
.2.9.2.. Persons or firms/entities desiring to renew an
:... '~1.~ -inactive-.certificate may do so by complying with the
i~. ~'. .~r.~.-.- .... req~irements of:Section 1.4 of this Ordinance
· . relating to. renewals.
'.'.-'~2.10. City of Naples Reciprocity.
City of Naples, Florida, Certificate of Competency
.:'i Sufficient.' for Issuance of County Certificate of
Compet~ncy3 :Effect of~.Revocation:.of City Certificate upon
"C°u~ty. Certificate.
2.~0%l'..=Notwithstanding any provision, of this Ordinance to
..... the contrary, any person or firm/entity possessing a
:c. '. ~urrent and valid Certificate of Competency issued by
i:'.; ' : the City of Naples, Florida, may obtain a Certificate
-... of"Competency from Collier County by presenting a
· -.~ .... copy of the City of Naples Certificate of Competency
to the Collier County Contractor Licensing Supervisor
or his/her designee, completing the forms required by
:' the Contractor Licensing Supervisor and paying the
fees applicable thereto. Such a County Certificate
of Competency shall be subject to all provisions of
this Ordinance, and any amendments thereto,
including, but not limited to, testing, standards of
conduct and discipline, suspension, revocation,
restrictions,.limitations and fees set forth herein.
2.10.2. Any County Certificate of Competency issued pursuant
to Subsection 2.10.1 of this Ordinance shall be valid
and in effect only for so long as the Certificate of
Competency issued by the City of Naples, Florida,
(41)
remains valid and in effect. In the event the
Certificate of Competency issued by the City of
Naples is revoked by the City, such revocation shall
have the effect of making null and void the
Certificate of Competency issued by the County
pursuant to said Section.
~2.11. Restricted Certificates of Competency.
The Contractors'*Llceneing 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.
2.12. ]'~erg~oy,.Restricted. Certificates of Competency.
In.the event of a declaration of a state of emergency in
.CollierCounty by the Collier County Board of County
Commissioners, 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 Certificates of
Competency, the Contractors' Licensing Board is hereby
' authorized to:
2.12.1. Declare an emergency contracting trade shortage of
designated categories of contractors and/or
sub-contractors listed in this Ordinance. This
declaration shall be for a period of time not to
exceed six (6) months.
2.12.2. 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
(42)
~;, ~ predetermined by the Contractors' Licensing Board to
~.'~. be substantially.comparable to the Collier County
.i~/, requirements.
THR~Et THE COI~ACTORS' LICENSING BOARD.
.1.1. There is hereby created the Contractors' Licensing
, Board'for Collier County, Florida. The Contractors'
· ;" ..... Licensing Board shall be composed of nine (9) members
;er.u....who shall be appointed by the Board of County
'' Commissioners. The Board of County Commissioners may
· also appoint alternate members as it deems
'' appropriate. The nine (9) members of the
~'~' ~: .... Contractors' Licensing Board shall consist of a
· ~.. ~£oe"l'icensed~a~chitect,.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 trades or
'.:u~ professions requiring a Certificate 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 members of the Contractors'
Licensing Board shall be permanent residents and
'" electors of Collier County and shall serve without
i~ compensation. Members may be reimbursed for such
travel, mileage and per diem expenses as may be
authorized, in advance, by the Collier County Board
of County Commissioners.
.~i~,i' 3.1.2. The members of the Contractors' Licensing Board shall
be as presently constituted and shall continue until
the expiration of their terms as set forth in Collier
(43)
County Resolutions No. 89-171 and No. 90-98.
Subsequent appointm~nt of members shall be as
follows:
a. Three (3) members appointed for a term of one
~_~ ~ (1) year.
b. Three .(3) members appointed for a term of two
· (2) years.
o. Three (3). members appointed for a term of three
.. (3) years.
After initial appointments, all appointments shall be
made for a term of three (3) years. A member may be
reappointed by the Collier County Board of County
Commissioners in accordance with Collier County
9~%,~ce~, .N~.. ~.6T41, as :~t ~ay be amended from time
to time.
3.1.3. A m~mb_e~ 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.
.I~ any member fails to attend two of three successive
.board meetings without a satisfactory excuse and
without prior approval of the chairperson of the
Contractors' Licensing Board, the Contractors'
Licensing Board shall request that the Collier County
Board of County Commissioners declare the member's
office vacant and promptly fill the vacancy.
3.1.4. Any vacancy occurring during the unexpired term of
Qffice of any member of the Contractors, Licensing
Board shall be filled by the Board of County
Commissioners. An appointment to fill a vacancy
shall be for the remainder of the unexpired term of
office.
"Internal Operating Procedure,s.
3.2.1. The Contractors' Licensing Board shall elect a
chairperson and vice chairperson from its membership.
(44)
o, Meetings. ..
'3.2.2.1. The Contractors' Licensing Board shall hold at
least four meetings per year.
3.2.2.2. Upon the request of the Contractor Licensing
Supervisor, or his designee, or at such other
times as may be necessary, the chairperson of
the Contractors' Licensing Board (and, in his
absence, the vice chairperson or, in the vice
chairperson's absence, the temporary
:' chairperson elected by majority vote of the
members of the Contractors' Licensing Board)
may call hearings of the Contractors'
LiCensing BOard. Hearings may also be called
...... by written notice signed by'at least three (3)
members of the Contractors' Licensing Board.
"= .... At any'hea~[~g, 'the Contractors' Licensing
3.2.2.3.
3.2.2.4.
3.2.2.5.
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.
Five members shall constitute a quorum for any
meeting, and a majority vote of those present
shall be required to make any decision.'
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.
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
(45)
I
3.3.2.
3.3.3.
County Attorney or his designee serve in both
.capacities for the same case or at the same
time.
and Powers of the Contractors' Licensing Board.
Upon refer%nce*'by the Contractor-Licensing Supervisor
or petition by an applicant, determine the
qualifications of applicants for the various
categories:*of.contractors~ Certificates of Competency
as measured ~y:'standards stated in this Ordinance.
To hold hearings to determine if a contractor or a
Journeyman Possessing a Collier County Certificate of
Competency, or a State certified contractor doing
business, in Collier.County,.should be disciplined
pursuan~,'to'-Par~;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 shallhave the power to
initiate disciplinary proceedings in his/h~r capacity
as a member of the Contractors' Licensing Board.
The Contractors' Liconsing Board shall have the power
to adoptsuch.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.
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
(46)
PART FOUR:
d. Discipline contractors or Journeymen holding
Collier County Certificates of Competency or State
certified contractors doing business in Collier
County 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. '
The-Contractors~:LicQnsing-Board shall also have all
other powers granted to said Board by Florida law.
STANDARDS OF CONDUCT AND DISCIPLINE.
Misconduct.
'i.The following.~actions by a State licensed contractor or a
-'holder o£::a~ Collier..County~'Certificate'of Competency shall-
constitute misconduct and grounds for discipline pursuant to
Section 4~2 of this Ordinance:-
4.1.1. Knowingly combining or conspiring with an unlicensed
4.1.2.
4.1.3.
contractor, by allowing one's Certificate of
Competency to b~.used by an unlicensed contractor
with intent to evade the provisions of this
Ordinance. When a licensed contractor acts as the
qualifying agent for any firm without first making
application under this Ordinance to represent said
firm, such act shall constitute prima facie evidence
of intent to evade the provisions of this Ordinance.
Contracting to do any work outside of the scope of
his/her competency as listed on his/her competency
card and as defined in this Ordinance or as
restricted by the Contractors' Licensing Board.
Abandoning a construction project in which he/she is
engaged or under contract as a contractor. A project
may be considered abandoned after ninety (90) days.'
absence of a contractor, unless said absence is
otherwise provided for in the construction contract.
(47)
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'othe= 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 disregarding or violating, 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~,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
occurs when:
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
creditor~ for material furnished or work or
services performed in the operation of the
business for which he/she is licensed, under
any of the following circumstances:
a. Valid liens have been recorded against the
property of a contractor's customer for
supplies or services ordered by the
contractor for the customer's Job; the
contractor has received funds from the
customer to pay for the supplies or
(4s)
servicesl 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
-hc~-'.~-._of the"time' of abandonment, unless the
contractor is entitled to retain such
funds un,er the terms of the contract or
refunds the excess funds within 30 days
after, the date the Job is abandoned~
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
circumstances beyond the control of the
contractor, was the result of
circumstances caused by the customer, or
was otherwise permitted by the terms of
the contract between the contractor and
4.1.9.
the customer.
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
: .i unlicensed.
~10. Failing to promptly correct faulty workmanship or
promptly replace faulty materials installed contrary
to the provisions of the construction contract.
(49)
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. Refusing to'accept certified mail directed to the
contractor bythe Contractors' Licensing Board, or
its designee.
. 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
when prohibited.~from doing so by the Contractors'
Licensing Board of Collier County.
4.1.18. Proceeding on any Job without obtaining applicable
Collier County Building Department permits or
inspections.
4.1.19. Failing in any material respect to comply with the
provisions of this Ordinance as a contractor or as a
qualifying agent for a business entity engaging in
contracting.
4.1.20. Signing a statement with respect to a project or
contract falsely indicating that the work is bonded;
falsely indicating that payment has been made for
subcontracted work, labor, or materials which results
in a financial loss to the owner, purchaser, or
(50)
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.
Discipli~ary Proceedings. "~
4.2.1. The..Contractor=LicensingSupervisor, or his designee,
4.2.2.
4.2.3.
may initiate disciplinary proceedings against a
licensed contractor for violations of this Ordinance
by. filing a sworn complaint with the Clerk to the
Collier County Board of County Commissioners.
Anyeperson=who~betieves 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.
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 ssnd, by certified mail,
return receipt requested, a letter to the licensed
contractor at his last known address, as shown by the
records of the Contractors' Licensing Board,
enelosing~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
...... -~'.' ~he~event. said~.Board':finds a violation-ofthis
~ Ordinance'tohave occurred~
e. The date,'.time and place at which the contractor
shall appear before the Contractors' Licensing
Board for a hearing regarding the complaint. The
=:date scheduled shall not be sooner than twenty
(20).days from ~he mailing date of the certified
· '~ letter.
4.2.3.1...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 usual place of residence with
some person of his/her family over 15 years of
age and informing such person of the contents
4.2.3.2.
of the notice.
In addition ~o 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:
(52)
a. Such notice shall be published once during
each week for four (4) consecutive weeks
(four publications being sufficient) in a
newspaper of general circulation in
· Collier County. The newspaper shall meet
such requirements as are prescribed under
Chapter 50, Florida Statutes, for legal
-' and official advertisements;
b.,~Proof of publication shall be made as
provided in Sections 50.041 and 50.051,
Florida Statutes. Notice by publication
may run concurrently with, or may follow
an attempt or attempts to provide notice
4.2.3.3.
:: .'~by hand d.slivery or by mail as required by
this Section.
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 4.2.3.2, shall be
. sufficient to show that the notice of hearing
4.2.4.
requirements of this Section have been met,
without regard to whether or not the alleged
violator actually received such notice.
Conduct of hearing.
4.2.4.1. A hearing shall be held concerning the
complaint and it shall be open to the public.
4.2.4.2. 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
(53)
4.2°4.3.
4.2.4.4.
4.2.4.5.
4.2.4.6.
Board aha11 be responsible for any failure of
recording equipment during the conduct of the
hearing.
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.
Assuming proper notice of the hearing has been
provided to the contractor as provided in
Section 4.2.3 of this Ordinance, a hearing may
proceed in the absence of the contractor.
The Contractors' Licensing Board shall proceed
to hear'the cases on the agenda for that day.
Ail 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.
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
(54)
4.2.4.7.
4.2.4.8.
4.2.4.9.
su. pport 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.
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 cr. oss-examine
witnesses; to impeach any witness regardless
of which party, called the witness to testify
and to:'rebut any- evidence presented"against
the party.
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.
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.
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4.2.5.
4.2.4.10. 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 10 days after the hearing.
The f~ndings of fact'and'conclusions of law,
disciplinary sanctions, if any, and any
related order shall be made by motion approved
by a'-maJority of the members of the ~=.
Contractors"Licensing Board who'are present
and voting.. The decision of the Board shall
be effective upon being stated orally at the
hparing, unless the Board orders otherwise.
The decision'of'the Board shall be filed with
the Clerk-to th~ Collier County Board of'
County Commissioners promptly after said
decision is reduced to writing.
4.2.4.11. 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 4.2.4.9 and 4.2.4.10
of this Ordinance.
Disciplinary Sanctions.
4.2.5.1. Holders of Collier County Certificates of
Competency.
If, after hearing, the Contractors' Licensing
(56)
Board finds that there has been misconduct by
a~.contractor, within the meaning of Section
4.1 of this Ordinance, said Board may, but
shall not be required to, impose any of the
following.enumerated sanctions,, alone or in
combination=
a. Revocation of a Collier County Certificate
of Competency~
.b-~-Suspension'of a Collier County Certificate
of Competency~
c. Denial of the issuance or renewal of a
.... Collier County Certificate of Competency~'
d. A~period of probation of reasonable
=n~ 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 contractor's contracting
~activities.
Any period of probation or
continuing education program ordered by
the Contractors' Licensing Board may be
revoked for cause by said Board at a
hearing noticed to consider said purpose.
The contents of said notice shall be
substantially as provided for in Section
4.2.3 of this Ordinance. Service of said
notice shall be as provided in Sections
4.2.3 and 4.2.3.1 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
(57)
4.2.5.2.
been met, without regard to whether or not
the alleged violator 'actually reCeived
notice~
e. A public reprimand~
f. ~e-examinatio. n requirement;
g. Denial o~ the issuance of Collier County
building permits or requiring the issuance
of perm.~.ts with specific conditions.
Holder~ 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
contract.o.rj within the meaning of Section
4.1 of this.~Ordtnance, said Board may deny
the issuance of Collier County building
permits or require the issuance of permits
with specific conditions.
b. The Contractors' Licensing Board may also
deny the issuance of Collier County
building permits or require the issuance
of permits with specific conditions where:
the Board has found a State certified
contractor to be guilty of fraud or a
willful building code violation within
Collier County~ or where the Contractors'
'Licensing Board is presented with proof
that a State certified contractor, through
the public hearing process, has been found
guilty in another county or municipality
within the past 12 months, of fraud or a
willful building code violation and finds,
after providing notice to the contractor,
that such fraud or violation would have
(Sa)
4.2.5.3.
4.2o§o4.
been fraud or a violation ~f committed in
Collier County. Notification of and
information concerning such permit denial
shall be submitted to the Florida
Department of Professional Regulation
within 15 days after the Contractors'
Licensing Board decides to deny the
permit.
When imposing any disciplinary sanction on a
contractor or a person holding a Certificate
of Competency who has been found to have
violated:this Ordtnance~ the Contractors'
Licensing Board shall consider all the
evidence ~resented 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.
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 4.2.4.10 of this
(59)
Ordinance.
041 406
FIVE: RE-HEARING AND APPF~%LS OF DECISIONS OF THE
CONTRACTORS' LICENSING BOARD.
Rehearing.
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 ~f County
Commissioners, a~d served on any other parties,
within twenty (20) days from the date of mailing of
the Board's written decision under Section 4.2.4.9
and 4.2.4.10 of this Ordinance. A request for
rehearing shall'be based only on the ground that the
decision was'~ontrary 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
5.1.2.
Contractors' Licensing Board orders otherwise.
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 10 days after the decision
is made. If the Contractors' Licensing Board
determines it will grant a rehearing, it may:
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
(60)
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.
Appeals..-.
The~'contractor foun~'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 within thirty (30) days of the
mailing of the decision of the Board under Sections
4.2.4.9 and 4.2.4.10 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.
In the event that the contractor found to be in
violation of this O~dinance 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 from 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.
(61)
~X~ MISCELLANEOUS PROVISIONS.
· .Title and citation.
This Ordinance shall be titled and may
'be cited as ."The Collier County Contractors' Licensing Board
Ordinance."
!':i','f. Repeal of Collier-County Ordinance No. 85-42.
"' Collier County Ordinance no. 85-42, which provided for
regulation, of the contracting industry by the Collier county
Contractors' Licensing Board, is hereby repealed and
superseded in its entirety..
Penalties~£or~Vlolation~- ,~ ........
$.3.1. Any..person or firmwho violates this Ordinance or
fails to.comply with any of its requirements shall be
punished as provided by Section 125.69, Florida
Statutes. Each day such violation continues shall be
considered a. separate offense.
6.3.2. The Board of County Commissioners may take any lawful
action, including but not limited to resort to
equitable action, as is necessary to prevent or to
remedy any violation of this Ordinance.
Conflict-.and Severability.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the
more restrictive shall apply. If any phrase or portion of
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
(62)
EffectiqeDate.
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.
~&F :i~ASsED AND DU~.._Y ADOPTED by ~he Board of Count).y Co,mmis~oner-
of Collier County, Florida on this //~4 day of~1990.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER, COUNTY, FLORIDA
Attorney
(63)
',' GIL2~, Clerk o~ Court~ tn and for the
'3udtclal Circuit, Collier Co~t~, Florida, do
certify ~ha~ ~he foregoing ~s a ~rue copy
'adOpted by the Board Of County Coates~oners on
lth:'da¥ of December, 1990, during Regular Session.
~/ hand and the offices! seal of the Board
mlonerl of Collier County, Florida, th~s 14th
, 1990.
Clerk of Courts and Clark
l~-x-offtcto to Board of ~.%N ... .
County Co~tsstoners .x~ '"