§ 150.530. Unlicensed contractors; prohibitions; penalties and enforcement.

(a)

It shall be unlawful for any person to:

(1)

Falsely hold himself or a business organization out as a licensee, certificate holder, registrant or holder of a certificate of competency issued by the board;

(2)

Falsely impersonate a certificate holder or registrant or the holder of a certificate of competency issued by the board;

(3)

Present as his own the certificate, registration, or certificate of competency of another;

(4)

Give false or forged evidence to the board or member thereof for the purpose of obtaining a certificate of competency;

(5)

Use or attempt to use a certificate, registration or certificate of competency which has been suspended or revoked;

(6)

Engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered, certified or the holder of a certificate of competency;

(7)

Operate a business organization engaged in contracting after sixty (60) days following the termination of its only qualifying agent without designating another primary qualifying agent;

(8)

Commence or perform work for which a building permit is required pursuant to this chapter without such building permits being in effect;

(9)

Willfully or deliberately disregard or violate any city or county ordinance relating to uncertified or unregistered contractor;

(10)

Act in the capacity of a contractor different from the scope of work for which the contractor is certified to perform; or

(11)

Fail to secure required inspections.

(12)

Willfully and deliberately obtaining or attempting to obtain a permit for an entity unregistered or unlicensed.

(b)

The building official, assistant building official, building inspectors and licensing investigators of the city building department are hereby designated, authorized and charged with enforcement responsibilities to enforce the provisions of F.S. §§ 489.127(1) and 489.132(1) and Chapter 150 of this Code against persons who engage in activities for which a city certificate of competency is required.

(1)

The enforcement authorities designated herein may issue a citation, as provided herein, for any violation of F.S. §§ 489.127(1) and 489.132(1) and Chapter 150 of this Code, whenever, based upon personal investigation, the enforcement officer has reasonable and probable grounds to believe that such a violation has occurred.

(2)

The citation issued by an enforcement officer pursuant to this section shall be in the form prescribed by the city council, which form shall state:

a.

The time and date of issuance.

b.

The name and address of the person to whom the citation is issued.

c.

The time and date of the violation.

d.

A brief description of the violation and the facts constituting reasonable cause.

e.

The name of the enforcement officer.

f.

The procedure for the person to follow in order to pay a civil penalty or to contest the citation.

g.

The applicable civil penalty if the person elects not to contest the citation.

(c)

The maximum civil penalty which may be levied pursuant to any citation shall not exceed Two thousand dollars ($2,000.00). The monies collected pursuant to this section shall be retained by the city and shall be set aside in a specific fund to support future enforcement activities against unlicensed contractors.

(d)

(1)

The act for which a citation is issued shall cease upon the receipt of the citation.

(2)

The person charged with the violation shall pay the civil penalty in the manner indicated on the citation or, within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request, in writing to the city's contractor licensing office, an administrative hearing before the city contractor's examining board to appeal the issuance of the citation by the enforcement officer.

(3)

Failure of the violator to appeal the decision of the enforcement officer within the time period set forth herein shall constitute a waiver of the violator's right of an administrative hearing. A waiver of the right to an administrative hearing shall be deemed an admission of the violation and penalties may be imposed accordingly.

(4)

Each day a willful, knowing violation continues shall constitute a separate offense under the provisions of this section.

(5)

If the violator has not contested the citation or paid the civil penalty within the time frame allowed on the citation, the contractor's examining board shall enter an order that the violator pay the civil penalty set forth on the citation. A hearing shall not be necessary for the issuance of such order.

(6)

a.

If the person charged with the violation has, within the time frame allowed, requested an administrative hearing before the contractor's examining board to appeal the issuance of the citation by the enforcement officer, the contractor's examining board shall conduct a hearing to determine the validity of the citation and, if it finds the violation exists, determine the appropriate civil penalty.

b.

If the person charged with the violation fails to pay the civil penalty as set forth on the citation, the enforcement officer may request a hearing before the contractor's examining board and, after notice to the violator, the contractor's examining board shall conduct a hearing to determine the validity of the citation and, if it finds that violation exists, determine the appropriate civil penalty.

(7)

If the contractor's examining board finds that a violation exists the board may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than two thousand dollars ($2,000) per day for each violation. In determining the amount of the penalty the contractor's examining board shall consider the following factors.

a.

The gravity of the violation.

b.

Any action taken by the violator to correct the violation.

c.

Any previous violations created by the violator.

(8)

If the person or its designated representative shows that the citation is invalid or that the violation has been corrected prior to appearing before the contractor's examining board, the board may dismiss the citation unless the violation is irreparable or irreversible.

(9)

A certified copy of an order imposing a civil penalty against an unlicensed contractor may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state including a levy against personal property; however, such order shall not be deemed to be a court judgment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the contractor's examining board may authorize the foreclosure on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution.

(10)

An aggrieved party, including the city, may appeal a final administrative order of the contractor's examining board to the 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 contractor's examining board. An appeal shall be filed within thirty (30) days of the execution of the order appealed.

(11)

All notices required by this section shall be provided to the alleged violator by regular mail as described in section 150.514(4); by hand-delivery by the sheriff or other law enforcement officer or enforcement officer; by leaving the notice at the violator's usual place of residence with some person of his family above fifteen (15) years of age and informing such person of the contents of the notice; by posting the violator's usual place of residence, no fewer than ten (10) days before any hearing; or by including a hearing date within the citation.

(12)

Any person who willfully refuses to sign and accept a citation issued by an enforcement officer commits a misdemeanor of the second degree punishable as provided by F.S. §§ 775.082 or 775.083.

(13)

If the Violator elects to actively pursue the process of obtaining his or her own certificate of competency within two months of receiving a citation, the violator will be entitled to a one hundred fifty dollar ($150.00) refund of the paid citation fee upon issuance of the certificate of competency.

(e)

Nothing contained herein shall prohibit the city from enforcing its codes or ordinances by any other means.

(f)

(1)

The schedule of penalties to be assessed by the enforcement officer when issuing a citation shall be as follows:

Penalties Non-Structural or Non-Mechanical		Penalties Structural or Mechanical
First Offense	$500.00	First Offense	$1,000.00
Second Offense	$1,000.00	Second Offense	$2,000.00
Third Offense	$1,500.00	Third Offense	Pursuit to Florida Statute 489.127(2)(b)

 

(Ord. 93-25, passed 6-14-93; Am. Ord. 01-58, § 3, passed 9-24-01; Ord. 06-108, 9-25-06; Ord. 10-20, § 1, passed 5-24-10; Ord. No. 15-33, § 1, 5-11-15)