DIVISION 2. LICENSING BOARD

Sec. 6-22. Construction Industry Licensing Board of Sumter County.

There is hereby established and continued the Construction Industry Licensing Board of Sumter County which shall hereinafter be referred to as the "licensing board".

(a) Powers and duties. The primary responsibilities of the licensing board shall be as follows:
(1) To evaluate and approve/disapprove contractors for local licensing.
(2) To act in the capacity of an impartial hearing board for complaints against licensed contractors and to discipline said licensed contractors when warranted.
(3) To act in the capacity of an impartial hearing board on reports of unlicensed contractor activity, and to refer said reports to the Board when warranted.
(b) Appointment, terms and attendance of members.
1) Appointment. The licensing board shall consist of nine (9) members appointed by the Board. Each member shall be a legal, bona fide resident of Sumter County, Florida and meet all other appointee requirements established by the Board. There shall be four (4) lay members selected at large and agreed upon by the full Board. There shall be five (5) contractor members selected from the county at large, with each commissioner nominating one. All contractors appointed shall hold an active Sumter County Competency Card or a Florida Certified License.
(2) Terms. The term of office for each contractor member of the licensing board representing a county commissioner shall coincide with the term of the commissioner from that district. The term of office for two of the at large lay members shall coincide with the term for commissioners from districts 1, 3 and 5. The term of office of the remaining two at large lay members shall coincide with the term of office for commissioners from Districts 2 and 4. Each member of the licensing board shall serve until his or her successor is qualified and begins serving on the licensing board. Members of the licensing board shall be eligible for re-appointment.
(3) Attendance. Licensing board members serve at the pleasure of the Board and may be suspended or removed for cause. If any member fails to attend two (2) of three (3) successive meetings without cause and approval of the chair, the licensing board may, by majority vote, declare that member's position vacant and notify the Board, who shall promptly fill such vacancy. A member who ceases to be a resident of Sumter County, or a contractor member who does not hold a current license, shall be automatically dismissed.
(c) Officers. The licensing board shall elect from among its members a chairman and vice-chairman in January of each year.
(d) Meetings. The licensing board shall meet at 7:30 PM. on the first Tuesday of each month (excepting holidays) in the Historic Courthouse in Bushnell to conduct its regularly scheduled business. The Department shall furnish a secretary who shall maintain written minutes of each meeting and provide clerical services for the licensing board.
(e) Quorum and voting. A quorum for the licensing board shall consist of a simple majority of the active members, three of which shall be from the contractor category. All members of the licensing board shall vote on each motion unless a conflict of interest form is filed with the licensing board secretary or unless otherwise prohibited by law.
(f) Rules and regulations. The licensing board may establish and adopt rules and regulations, in compliance with this article, for the conduct of its members and shall include such actions in the written minutes of the meeting.
(Ord. No. 96-2, § 1, 2-20-96)

DIVISION 3. CONTRACTOR LICENSING
Sec. 6-25. Classification and definitions of contractors.
(a) Building category.
(1)General Contractor-For definition see Chapter 489, Part 1, F.S.
(2)Building Contractor-For definition see Chapter 489, Part I, F.S.
(3)Residential Contractor-For definition see Chapter 489, Part I, F.S.
(4)Specialty Structure Contractor-For definition See Chapter 61G4 Florida Administrative Code.
(5)Commercial Pool/Spa Contractor-For definition see Chapter 489, Part 1, F.S.
(6)Residential Pool/Spa Contractor-For definition see Chapter 489, Part I, F.S.

(b)Trades category.
(1)Class A Air Conditioning Contractor-For definition see Chapter 489, Part I, F.S.
(2)Class B Air Conditioning Contractor-For definition see Chapter 489, Part I, F.S.
(3)Electrical Contractor-For definition see Chapter 489, Part II, F.S.
(4)Mechanical Contractor-For definition see Chapter 489, Part I, F.S.
(5)Plumbing Contractor-For definition see Chapter 489, Part I, F.S.
(6)Roofing Contractor-For definition see Chapter 489, Part I, F.S.
(7)Sheet Metal Contractor-For definition see Chapter 489, Part I, F.S.

(c) Specialty Category.
(la) Carpentry Contractor means a contractor whose services are generally limited to fabrication and installation of any wood product in a structure including, but not limited to rough framing, structural and nonstructural work, trusses, sheathing, paneling, trim, cabinetry, doors and windows (including metal) and all hardware incidental thereto. May not contract for concrete, masonry, roofing, dry wall or other work not listed. This contractor may not act as the prime contractor or secure permits for any structure, but may subcontract work from other contractors.
(lb) Carpentry Contractor, Finish means a contractor whose services are generally limited to installation of wood products including paneling, trim, cabinets, doors, windows, (including metal) and all hardware incidental thereto. May not contract for concrete, masonry, roofing, drywall or other work not listed. This contractor may not act as the prime contractor or secure permits for any structure, but may subcontract work from other contractors.
(2) Ceramic Tile Setting Contractor means a contractor whose services are limited to application or installation of ceramic tile, marble and other types of hard tile for interior waterproofing and cosmetic purposes.
(3a) Concrete Forming, Placing and Finishing Contractor means, a contractor whose services are generally limited to constructing forms, and framework for the casting and shaping of concrete; placing reinforcement, batching and mixing aggregates, cement and water to agreed specifications and to placing and finishing concrete.
(3b) Concrete Placing and Finishing Contractor means a contractor whose services are generally limited to pouring, placing and finishing concrete flatwork (floors, slabs on grade, sidewalks, etc.) including placement of edge forms, mesh reinforcement and plastic vapor barriers incidental thereto.
(3c) Concrete/Masonry Contractor means a contractor whose services are generally limited to selecting, cutting and laying brick or other baked clay products, or concrete block or other unit masonry products, or precast block, structural glass brick or block; and to pouring, placing and finishing concrete flatwork including placement of edge forms, mesh reinforcement and plastic vapor barriers incidental thereto. This contractor may not secure permits except for the construction of a fire place, wall, slab only or other similar construction where no enclosed or covered structured is to be constructed.
(3d) Masonry Contractor means a contractor whose services are generally limited to selecting, cutting and laying brick or other baked clay products, or concrete block or other unit masonry products, or pre-cast block, structural glass brick or block. This contractor may not secure permits except for the construction of a fire place, wall or other similar construction where no enclosed or covered structured is to be constructed.
(4a) Dry Wall Contractor means a contractor whose services are limited to the installation of metal studding for non?load bearing interior partitions in connection with dry wall application and the application and finishing of dry wall boards, including sprayed finishes.
(4b) Dry Wall Hanging Contractor means a contractor whose services are limited to the application of dry wall boards. May install metal studding for non-load bearing interior partitions in connection with dry wall application.
(4c) Dry Wall Finishing Contractor means a contractor whose services are limited to the finishing, including sprayed finishes, of dry wall.
(5) Insulation Contractor means a contractor whose services are limited to installation or placement of insulation in walls, attics, etc. in compliance with the Florida Model Energy Code.
(6) Painting Contractor means a contractor whose services are limited to interior and exterior surface preparation, coating and painting on commercial and residential structures.
(7) Siding Contractor means a contractor whose services are limited to fabrication and on-site installation of aluminum, vinyl or other non-wood material for siding, facia, soffit, gutter, etc.
(8) Stucco, Lath and Plastering Contractor means a contractor whose services are limited to application or installation of these materials: stucco, simulated brick or stone, metal lath including studs and runners to which metal lath is applied, materials for waterproofing and cosmetic work.
(Ord. No. 96-2, § 1, 2-20-96)

Sec. 6-26. Application for competency card.

(a) Submission. To obtain a competency card an applicant shall submit an application in writing to the Department on a form prescribed by it. Such form shall indicate the class of competency card desired and other information the Department deems necessary. The application shall be accompanied by a fee, a copy of current Florida Drivers' License of the applicant and other requirements of this section.
(b) Person or Entity To Be Licensed.
(1) Individual. When the applicant proposes to engage in contracting in his/her own name, the application shall so indicate and the competency card will be issued only to that individual.

(2) Business organization.
a. When the applicant proposes to engage in contracting as a partnership, corporation, business trust or other legal entity, the application shall state the name of the partnership and of its partners, or the name of the corporation and of its officers and directors, or the name of the business trust and its trustee, or the name of such other legal entity and its members. Such applications shall also show that the person applying for the competency card is legally qualified to act for the business organization in all matters connected with its contracting business; and has the authority to supervise construction undertaken by such business organization. The competency card, when issued upon application of a business organization, shall be in the name of such business organization and the name of the qualifying individual(s) shall be noted thereon.
b. At least one (1) supervising employee of a business organization shall be qualified under this article and designated as a qualifier in order for the business organization to hold a current competency card in the category of the business conducted for which the member or supervising employee is qualified.

Sec. 6?27. Competency card requirements.
(a) Examination. The Specialty Category (Section 6-25(c)) is exempt from the examination requirement. Upon the effective date of this article, those persons who do not hold a current competency card for the trades, businesses, or occupations set forth in Subsections 6-25(a) and 6-25(b) shall be required to pass, with a minimum score as specified, a competency examination in the classification applied for (including business and law exam), as a prerequisite for obtaining a competency card. When the Department sponsors an applicant to sit for an exam, the applicant must obtain a passing score within one year of the approved sponsorship. The Department shall accept the results of a duly administered and proctored exam as follows:
(1) "Block" /"Experior" exam. A score of seventy-five (75) percent or higher on an examination developed by Block and Associates.
(2) Other government exam. The Department may also accept the results of any approved examination administered by a state, county or municipal competency board, at its sole discretion. The proper certification of such examination results, as determined by the Department, shall be presented prior to its acceptance.

(b) Educational /experience requirements. For all contractor categories the applicant shall have the following
education/experience:
(1) An associate degree from an accredited two-year college in an appropriate field of
engineering, architecture or building construction and a minimum of two (2) years of
proven experience in the category in which the person seeks to qualify; or
(2) A minimum of four (4) years of active experience as a workman who has learned his trade
by serving as an apprentice and skilled workman in his particular trade for a minimum of
one (1) year, or who has served as foreman in charge of a group of workmen for a
minimum of one (1) year.

(c) Letters of recommendation. The applicant for a competency card, in any contractor classification, shall provide to the Department at least three (3) letters of recommendation from one of each of the following categories of persons or entities. Such letters shall address the moral character, experience, and other attributes of the applicant that the author feels are important for one in whom public trust is placed.
(1) Consumer.
(2) Other county or city building department.
(3) Material man or material supply firm.
(4) Architect or engineer.
(5) Saving and loan institution or other lender involved in construction loan business.
(6) Licensed contractor in any of the categories covered by this article from Sumter, another county, or the State of Florida.
(7) Such other persons or entities as approved by the licensing board from time to time.

(d) Financial responsibility. As a prerequisite to issuance of a competency card, the Department shall require the applicant to submit proof of financial responsibility in the form of a credit report from an acceptable agency. Such report shall be on the individual applicant, and business if applicable, and indicate all credit activity of record for the previous four (4) years.

(e) Insurance. As a prerequisite to initial issuance of a competency card, the Department shall require the applicant to submit satisfactory evidence, that he/she has obtained workers' compensation insurance or approved waiver, public liability and property damage insurance for the safety of the public in standardized amounts to be determined by Florida Construction Industry Licensing Board. For competency card renewals, the applicant shall submit an affidavit on a form provided by the Department attesting to the fact that the applicant has obtained workers' compensation insurance as required by FS Ch 440, public liability insurance, and property damage insurance. The applicant shall maintain the minimum required insurance for the life of any active competency card he/she may be issued. Failure to do so shall be considered a failure to comply with the provisions of this article. The Department shall establish a procedure to verify the accuracy of such affidavits based upon a random sample method. This subsection does not apply to inactive competency card holders.

(f) Grandfathering. There shall be no "grandfathering" or licensing of any contractor not meeting the requirements of this section or previous county ordinance or state law.

(g) State registered contractors. A person or firm who holds a registration of competency from the Florida Construction Industry Licensing Board, and who wishes to obtain a Sumter County competency card in the same classification, shall not be required to take an examination if the applicant has passed the exam through another jurisdiction with a grade as required herein. However, unless filing under a reciprocity agreement, the filing of an application and all other application materials, including proof of the exam, shall be required. (Ord. No. 96-2, § 1, 2-20-96)

Sec. 6-28. Review and action on application.

(a) Review. Upon receipt of all required application materials the application shall be evaluated by the building official and licensing coordinator within seven (7) calendar days after receipt for compliance with this article in the following areas:
(1) Examination score (where applicable) of the applicant, or qualifier in the case of a business application.
(2) Experience of the applicant, or qualifier in the case of a business application.
(3) Business reputation of the individual applicant, and business if applicable.
(4) Financial responsibility (credit report) of the individual applicant, and business if applicable.
(5) Liability/property damage insurance, and workers' compensation insurance or waiver, of the individual applicant, or business if applicable.
(6) Completeness of application and fee paid.

(b) Action. Action on an application for a competency card shall be as follows:

(1) Review by building official and licensing coordinator.
a. Upon a favorable determination, by both the building official and the licensing coordinator, that the application is complete and fully complies with the requirements and intent of this article, the building official shall forthwith issue a competency card, on a temporary basis subject to licensing board approval, in the individual's name or in the name of the business organization, as provided above. Applications for which temporary competency cards are issued shall be so noted and forwarded to the licensing board for review at its next regular meeting occurring not sooner than ten (10) days after the date of forwarding.
1. If the building official determines and documents that the applicant has violated the provisions of this article prior to approval of his application, the building official may temporarily approve the application subject to an additional administrative fee, to be imposed by the licensing board at the permanent license hearing, of up to two hundred fifty dollars ($250.00.)
b. An application for which the building official cannot determine full compliance with the requirements and intent of this article shall be referred to the licensing board for review without action by the building official. Such an application shall be placed on the agenda of the next licensing board meeting and the applicant is required to appear before the licensing board at that time, and shall be so notified by the building official.

(2) Actions of licensing board. Actions of the licensing board on an application for a competency card shall be as follows:
a. Approval. Upon a favorable determination that the application fully complies with the requirements and intent of this section, the licensing board shall forthwith approve the competency card for permanent status.
b. Disapproval. If the licensing board determines that the applicant does not meet the requirements and intent of this article, the application shall be denied without or with prejudice and the reason(s) therefore shall be recorded in the minutes of the meeting. Any competency card issued to the applicant on a temporary basis shall be null and void; however, permits issued under a temporary competency card shall be honored, and the applicant shall be entitled to complete any such project within a time period determined by the licensing board.
1. If denied without prejudice, the applicant may reapply after ninety (90) days from date of denial.
2. If denied with prejudice, the applicant may reapply after one (1) year from date of denial.
c. Table. If the licensing board determines an applicant should appear before them prior to their action, it may table the application until the applicant's appearance. An application may also be tabled or reagendaed if it is not sufficient, or if the licensing board needs further information before making a decision.
(3) Administrative fines. Fines shall be as adopted by resolution by the Board of County Commissioners.

(4) Failure to appear. An applicant for a competency card, who does not furnish the required materials, or
who after having done so, does not appear before the licensing board for consideration when
required, after having been notified to do so, within sixty (60) days from the date of notice,
shall be denied, and the fee paid by him shall be credited to the board as an earned fee.
Any additional application for a competency card shall be considered a new application. For good cause,
the licensing board may waive the fee requirement for a new application.

(c) State registered contractors. Applicants issued competency cards in the fields for which state registration is required by Chapter 489, Florida Statutes shall obtain such registration before being issued permits.

(d) State certified contractors.
A certificate holder shall be required to exhibit to the building official evidence of holding a current certificate and a current occupational license as a prerequisite to obtaining a building permit. The building official may also require an affidavit attesting to the fact that the applicant has obtained workers' compensation insurance as required by chapter 440 FS, public liability insurance, and property damage insurance.

Sec. 6-29. Reciprocity.

The licensing board may establish, by administrative action, reciprocity requirements and agreements with other counties or municipalities within Florida for the issuance of competency cards.
(Ord. No. 96-2, § 1, 2-20-96)

Sec. 6-30. Expiration and renewal of competency card, restoration.
(a) Expiration dates of competency cards. Competency cards shall be issued on a biennial basis and shall expire as follows:
(1) For electrical contractors-at midnight of September 30 of even numbered years.
(2) For all other contractors-at midnight of September 30 of odd numbered years.
(b) Renewal.
(1) Renewal period:
a. Regular renewal-The regular renewal period for all competency cards shall be September 1st through September 30th of their expiration year.
b. Late renewal. Late renewal shall be allowed during a one-year period following expiration, upon requisite of late fees paid. No renewals will be allowed after this time except by specific action of the board.
(2) Types of renewal, requirements.
a. Active? For active renewal, the following is required:
1. The applicant shall submit an affidavit on a form provided by the Department attesting to
the fact that the applicant has obtained workers' compensation insurance as required by
FS Ch 440, public liability insurance, and property damage insurance.
2. The applicant's current state registration number in the classification to be renewed, if applicable.
3. The applicant's current Florida Drivers' License number.
b. Inactive.
1. A person who holds an active competency card may place it on inactive status at any time by notification to the Department. During such time his/her competency card is inactive, he/she shall not engage in contracting but may maintain his/her competency card in that status by the payment of a biennial renewal fee for each inactive competency card.
2. To maintain inactive status beyond two (2) full biennial renewal periods, proof of continued education and/or substantial active participation in the trade must be submitted and approved by the building official with each subsequent renewal request. The building official's failure to renew may be appealed to the licensing board.

(3) Failure to renew. Failure to renew a competency card prior to its expiration date shall cause the competency card to become expired, inoperative and totally void, and it shall be unlawful for any person to engage or offer to engage or hold himself out as engaging in contracting under the competency card unless and until the card is renewed, restored or reissued. Any contractor whose competency card has expired and not renewed within the time given shall be required to obtain a new license, through re-application and qualification, if he wishes to continue contracting in the county.
(c) Activation of inactive card. Competency cards on inactive status may be placed on active status at any time by the holder paying the balance due on the active competency card renewal, presenting proof of the required insurance coverage and state registration (if applicable) and submitting a copy of a current Florida Drivers' License to the Department. When activating a competency card that has been on inactive status for more than one renewal period, a favorable current personal and business credit report shall also be required.

FEES
Fees shall be as adopted by resolution by the Board of County Commissioners.

Sec. 6-31. Qualifier termination.

Any change in qualifiers shall be handled as follows:
(a) Individual acting as qualifier. An individual, acting as a qualifier on behalf of a business organization, shall notify the Department immediately in writing if:
(1) He/she ceases to be affiliated with such business organization.
(2) He/she proposes to engage in contracting in his own name, in which case he/she shall be required to make application for a competency card in his name.
(3) He/she proposes to engage in contracting in affiliation with another business organization, in which case, if that business is not currently licensed, it shall be required to make application for a competency card in its name.
(b) Business organization. A business organization shall notify the Department immediately in writing if:
(1) Any of its qualifiers of record cease to be affiliated with the business. In addition, if such individual is the only qualified individual affiliated with the business organization, that business shall not contract for any new work until properly qualified and shall have a period of sixty (60) days from the termination of the individual's affiliation with the business organization in which to provide another qualifier under the provisions of this article, failing which the certificate to the business organization shall be subject to revocation by the licensing board.
(2) It wishes to have one or more additional qualified individuals to be qualifiers of record.
(Ord. No. 96-2, § 1, 2-20-96)

Sec. 6-32. Occupational licenses.

Contractors approved and contracting under this article shall obtain and maintain a current occupational license issued by or acceptable to the Sumter County Tax Collector and said license shall be presented annually to the Sumter County Building Department. No building permit shall be issued prior to said license being presented.
(Ord. No. 96-2, § 1, 2-20-96)

Sec. 6-33. Identification and advertising.

(a) Signs and identification on vehicles. All persons, firms, partnerships, corporations or other legal entities regulated by this article, including the classifications set out above, shall be required to display on each vehicle used in the activity regulated by this article, a sign which contains the name and phone number of the person, firm, partnership, corporation or other legal entity, in letters of not less than two (2) inches in height. The signs required herein may be permanently painted on each vehicle or may be in the form of decals or magnetic signs. The required signs shall be on each side of the vehicle and shall be displayed within sixty (60) days from the issuance of the competency card, or within sixty (60) days from the date of the exchange or replacement of any such vehicle.

(b) Advertising. The competency card or state registration number of all persons or firms holding such cards shall appear in any newspaper, airwave transmission, phone directory, or other advertising medium used by the contractor.
(Ord. No. 96-2, § 1, 2-20-96)

Secs. 6-34-6-36.
DIVISION 4. ENFORCEMENT

Sec. 6-37. Procedure.

(a) Designated administrator/ investigator. The Sumter County building official, or his designee, shall act as the designated administrator and principal investigator for the licensing board, and is hereby specifically empowered to initiate the enforcement procedures as herein provided.

(b) Enforcement procedure. Complaints against contractors may be originated by anyone on a form prepared for that purpose by the department. All complaints shall be investigated by the building official, who upon determination a violation of this article has occurred, shall act in the following manner:
(1) Notification to alleged violator:
a. The building official shall promptly forward a copy of the complaint and his findings to the alleged violator and give the involved party reasonable time to respond to him or to correct the violation.
b. The building official shall also promptly forward a copy of the complaint and his findings to the owner of the site or building where the violation exists and explain the nature of the violation and action taken by the department.
c. The building official shall also notify the complainant of his findings and of any action taken by him. If the complainant is not satisfied with the findings or action of the building official at this time, he may request to be placed on the next open agenda of the licensing board.
(2) Referral to licensing board: If an alleged violation has not been corrected within the time prescribed by the building official, he shall present the violation to the licensing board at its next scheduled meeting and petition the licensing board for a hearing concerning said violation, and upon the approval of said hearing, shall adhere to the requirements of subsection (c).
(c) Licensing board hearing.
(1) Notification to violator and complainant. Upon establishment of a hearing date by the licensing board, the department shall notify both the violator and any complainant and request their presence at the hearing.
(2) Presentation of evidence and licensing board decision. At the hearing, both complainant and alleged violator shall be allowed to present evidence concerning the complaint. Upon presentation of all the evidence of violation and other information, the licensing board, sitting as an impartial board, shall render a decision and impose disciplinary action when warranted.
(d) Licensing board as complainant. Nothing in this section shall prohibit the licensing board from, on its own motion, investigating and holding hearings on any violation of this article.
(Ord. No. 96-2, § 1, 2-20-96)

Sec. 6-38. Discipline of contractors.
The licensing board may take appropriate disciplinary action if the contractor is found to have committed any one or more of the acts or omissions constituting cause for disciplinary
action set out herein or adopted as rules or regulations by the licensing board.
(a) Acts constituting cause for disciplinary action. The following acts, not all-inclusive, may constitute cause for disciplinary action:
(1) Repeated, willful, or deliberate disregard and violation of the applicable building
codes or laws of the State of Florida, any municipality in Sumter County or
Sumter County. This shall include the failure to obtain building permits and inspections.
( 2) Aiding, abetting or knowingly combining or conspiring with an unlicensed person by allowing one's competency card to be used by an unlicensed person with intent to evade the provisions of this article. When a competency card holder allows his card to be used by one or more companies without having any active participation in the operations, management or control of said companies, this act constitutes prima facie evidence of an intent to evade provisions of this article.
3) Acting in the capacity of a contractor under any competency card issued hereunder except in the name of the competency card holder as set forth on the competency card or in accordance with the personnel of the competency card holder as set forth in the application for the card, or as later changed as provided in this article.
(4) Contracting beyond scope of competency card.
(5) Failure to include state registration or competency card number in advertisements, or failure
to properly identify vehicles as provided herein.
(6) Diversion of funds or property received for execution or completion of a specified
construction project or operation where, as a result of the diversion, the contractor is or will be
unable to fulfill the terms of his obligation or contract.
(7) Gross negligence, incompetence, and/or misconduct, fraud or deceit. Misleading or untrue representations by competency card holder to others concerning his contractors license or construction activity.
(8) Misconduct by failure to reasonably honor a one (1) year warranty on materials and workmanship.
(9) Being convicted or found guilty of a crime relating to contracting.
(10) Disciplinary action by any municipality, city, state or county, which action shall be reviewed by the licensing board before said board takes any disciplinary action of its own.
(11) Abandonment of a construction project in which the contractor is engaged or under contract as a contractor. A project is to be considered abandoned when:
a. If after sixty (60) consecutive days of no work on the project, the contractor fails to respond to requests by the owner for completion, or
b. If the contractor, by his actions, terminates said project without notification to the owner and without just cause, or
c. It can be demonstrated that the contractor has ceased to do business in the county or state.
(12) Obtaining competency card through fraud or misrepresentation, or the making of any material false statement in the application for competency card or renewal or any investigation pursuant to this article.
(13) Failure in any material respect to comply with the provisions of this article. The absence of any violation from this section shall be viewed as an oversight, and shall not be construed as an indication that no penalty is to be assessed.
(14) Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the license holder knows or has reasonable grounds to know that the person or entity was unlicensed.
(15) Committing mismanagement or misconduct in the practice of contracting, as defined in Chapter 489.129 F.S., that causes financial harm to a customer.
(b) Disciplinary action. The licensing board may adopt and apply the disciplinary guidelines of the Florida Construction Industry Licensing Board as contained in Chapter 6164-17, Florida Administrative Code, on any approved contractor who violates the provisions of this article. Prior to imposing any such action, the licensing board may investigate and consider the violators previous record of contracting activities. The licensing board may impose fines, suspensions or revocations as follows:
(1) Fine. An administrative fine or penalty, not to exceed the maximum amounts specified in Chapter 6164-17.001, Florida Administrative Code, shall be recoverable by the licensing board only in an action at law. However, a violator's failure to pay any imposed fine shall be grounds for further disciplinary actions by the licensing board.
(2) Suspension of competency card.
a. The licensing board may permit the holder of a suspended competency card to complete any contracts then uncompleted, within a time period as determined by the licensing board.
b. A contractor who has more than two (2) suspensions in any three-year period shall have his competency card automatically revoked.
c. The filing of a petition in bankruptcy, either voluntary or involuntarily, or
filing under any other proceeding under the federal bankruptcy law or the
appointment of a receiver of the business of the competency card holder may
be considered by the licensing board as just cause for suspension of a
competency card.
(3) Revocation of competency card. The licensing board may revoke a competency card for cause. A revoked competency card shall not be renewed or reissued for at least one (1) year after revocation and then only upon a showing of rehabilitation of the contractor.
(c) Removal of suspension. After suspension of the competency card on any grounds set forth in this section, the licensing board may remove the suspension on proof of compliance by the contractor with all conditions prescribed by the licensing board for removal of suspension, or, in the absence of such conditions, at the sole discretion of the licensing board.
(d) Further investigation or disciplinary proceedings against suspended or revoked contractor. The lapse or suspension of a competency card by operation of law or by order of the board or a court, or its voluntary surrender by a competency cardholder shall not deprive the licensing board of jurisdiction to investigate or act in disciplinary proceedings against the holder.
(e) Legal proceedings. The Board may institute any legal proceedings, whether in law or equity, which it
deems proper, to enforce this article and in the event that it becomes necessary to the Board to
institute such legal proceedings, such Board shall be entitled to recover from the violating party, all
costs and expenses, including a reasonable attorney's fee, whether litigation be instituted or not, at
the trial and appellate court level, incurred by the Board in enforcing the provisions of the article,
and this provision for recovery of costs and expenses, including attorney's fees, in addition to all
other remedies provided by this article, or as otherwise provided by federal, state, county,
municipal law, rule or regulation.
(Ord. No. 96-2, § 1, 2-20-96)