HomeMy WebLinkAbout04/06/2001 1225 Main Street [] Sebastian, Florida 32958
Telephone (561) 589-5330 [~ Fax (561) 589-5570
City Council Information Letter
April 6, 2001
Sebastian Stormwater Master Planninp
Please be advised that I anticipate recommending an agreement between
the City of Sebastian and Camp, Dresser & McKee to compile the City of
Sebastian Stormwater Master Plan during your April 25th meeting (per the
grant agreement with the St. John's River Water Management Agreement
authorized last summer). I am somewhat anxious to see this project to
fruition, as a detailed strategy is to be developed to implement various
drainage related initiatives, including canal enhancements and respective
funding arrangements. In essence, once this plan is adopted, the City of
Sebastian will be in position to establish and implement formal policies and
programs that had been quite difficult to clarify and address over the years.
During said recommendation, I plan to orally address this position, to further
educate citizens as to the importance and necessity of this program.
Airport Tenant Inspections
Please find the attached memorandum as compiled and delivered by Airport
Manager Jason Milewski that outlines logistics associated with upcoming
airport tenant inspections. This arrangement, to be performed in
conjunction with the Indian River County Department of Emergency
Services, is being facilitated so as to help ensure that commercial
establishments are in compliance with applicable fire and safety regulations,
as well as assistance to the City of Sebastian in preparations for an
upcoming water expansion program to Sebastian Municipal Airport (SMA)
from Roseland Road, per the recently authorized Joint Participation Grant
Agreement with the Florida Department of Transportation Aviation Section.
Importantly, this effort is also indicative of code enforcement, as the Code
Enforcement Division of the Sebastian Police Department is to participate
as well. I believe that this is a first for SMA, as it may become necessary for
tenants to make modifications to facilities and/or operations for compliance.
City Council Information Letter
April 6, 200'1
Page 2
Florida Boatin,q Improvement Pro.qram
You may recall the City of Sebastian's formal request for funding to the
Florida Boating Improvement Program (FBIP) several weeks ago via letter
to the Indian River County Department of Public Works. I am pleased to
report that Director of Public Works Jim Davis has recommended an award
of $15,000 to the Indian River County Parks and Recreation Committee to
assist our efforts to implement the previously discussed Schumann Lake
Boat Ramp project. The Parks and Recreation Advisory Committee met
yesterday morning, whereby City Engineer Ralph Brescia presented a
conceptual plan for the boat ramp. Committee Chairperson and County
Commissioner Fran Adams requested that detailed cost information is
provided, to include total project expenses, as well as the City of Sebastian's
matching contribution. Arrangements will therefore be made to program this
effort into the Fiscal Year 2001/2002 budget, consistent with last year's
adopted Capital Improvement Program. A second and final overview will be
presented during next month's committee meeting, as arrangements will
hopefully be made to compile and authorize a respective Intedocal
Agreement with Indian River County soon thereafter.
"Summons" from Construction Board
City Attorney Rich Stringer has spoken to at least some of you about the
attached formal attendance request for him to attend the Tuesday, April 10th
Sebastian Construction Board meeting to address concerns relative to a
December 1999 directive not to collect specific credit reports to verify
contractor "credit/financial reputation". It was "suggested" that I attend this
meeting as well, given that the respective direction originated from my
office. I have no problems attending the meeting. However, I wish to
request that members of City Council join us, as Mr. Stringer and I are both
formally accountable to you and not to the Construction Board. As reported
to Building Department staff in 1999, other standard methods are
appropriate for verifying business financial reputation, most commonly being
review of recent company annual financial audits. As such, I am not
completely sure as to membership concerns. I guess we will find out next
week!
Enclosure(s):
Memorandum from Jason Milewski- Airport Tenant Inspections
Memorandum and Attachments from County Public Works - FBIP
Attendance Request from K. Nappi - Construction Board
My Docurnents/In~oLetler85
HOME OF PELICAN ISLAND
Memorandum
TO:
FROM:
DATE:
RE:
Terrence Moore, City Manager
'er~~
Jason Milewski, Airport Manag :
4/4/01 ~
Airport Tenant lnspection¢~
The Indian River County Department of Emergency Services has recently informed me
that they will be conducting fire safety inspections on all aviation tenants at Sebastian
Municipal Airport. This is in response to a countywide effort to ensure that businesses
are in compliance with all applicable fire and safety regulations. We expect this to take
place within the next three to four weeks.
Additionally, I have been reviewing the lease agreements of our aviation tenants as well
as relevant zoning and development standards. Due to the recent emphasis on
enforcement of city codes and ordinances, I am working with other departments to
coordinate lease and code compliance inspections to occur concurrently with the fire
safety inspections.
I have attached a sample form letter, which was mailed to all aviation tenants on March
30, 2001, to give notice of the upcoming inspections. This is to ensure that they are
prepared as well as have the appropriate time to make any necessary modifications to
their facilities and/or operations.
I will notify you as soon as an official date is set. Please contact me, should you have
any concerns with this matter.
Attachments: (1)
M:\Airport\Coorespondence\City Manager\airport inspections.doc
f. lr/0F
SEBASTIAN
HOME OF PELICAN ISLAND
1225 MAIN STREET * SEBASTIAN, FLORIDA 32958
TELEPHONE: (561) 589-5330 ', FAX (561) 589-5570
<<First_Name>> <<Last_Name>>
<<Company>>
<<Postal_Address>>
3/30/01
Dear Mr. <<Last_Name>>,
The Indian River County Department of Emergency Services has informed me that they
will be conducting fire safety inspections on aviation tenants at Sebastian Municipal
Airport. In addition, City staff will be performing lease and code compliance inspections
during this process. We expect this to take place sometime in the next three to four
weeks.
In order to eliminate any complications, please ensure that your facilities and operations
are in total compliance with your lease agreements (usage of premises, vehicles and
equipment storage, proper fuel flowage fees, etc.) and National Fire Protection Agency
(NFPA) section 409 requirements. Please do not hesitate to contact me at (561) 581-011 I
should you need any assistance in this matter.
Thank you,
Jason Milewski
Airport Manager
Cc:
Terrence Moore, City Manager
Richard Stringer, City Attorney
Terry Hill, Public Works Director
Tracy Hass, Growth Management Director
Denis Hovasse, Code Enforcement Officer
Jeffery P. Diggs, Captain Fire Inspector, Division of Fire Services
"An Equal Opportunity Employer"
Celebratlhg Our 75th Anniversary
INDIAN RIVER
BOARD MEMORAlgDUM
COUNTY, FLORIDA
TO:
FROM:
SUBJECT:
The Honorable Members of the Parks
and Recreations Committee
James W. Davis, P.E.,
Public Works Director
Request by City of Sebastian for Florida Boating
Improvement Program Funds for Schumann Lake Boat Ramp and
Pier
REF. LETTER: Terrence Moore, City Manager, to Jim Davis dated
March 1~ 2001
DATE: March 22, 2001
DESCRIPTION AAtD CONDITIONS
The City of Sebastian is requesting a $25,000 allocation from the
Florida Boating Improvement Fund to construct a boat ramp and pier
at Schumann Lake. The boat ramp is estimated to cost $15,000. The
fishing pier is estimated to cost $10,000. The current balance in
the FBIP fund is approximately $110,000. The annual revenue
received from the state from boat registrations is $60,000.
The ramp will be used by rowboats and canoes. The City ordinance
prohibits the use of motors over three horsepower in the lake. The
pier will be used for fishing.
ALTERNATIVES ~ ANALYSIS
Staff is of the opinion that the boat ramp cost of $15,000
qualifies for FBIP funding, however, the fishing pier is not boat
related and should not be funded with FBIP funds. The County has
the following boat related projects currently in consideration:
1. Sebastian Canoe/Boat Launch area of CR512
2. Oslo Road Boat Ramp & Parking Improvements,
mitigation.
3. Royal Palm Pointe, City of Vero Beach
including
wetland
F: \PUBLIC WORKS\REBECCA\WORD2000\FBIP.Fu~R.DOC
Parks & Recreation Agenda
Page two
RECOMMENDATIONS ~ FUNDIN~
Staff recommends that the Committee recommend to the Board of
County Commissioners that $15,000 be allocated from the FBIP funds
for a boat ramp at Schumann Lake.
Referenced Letter & Drawing
Terrence Moore, City Manager
Joseph A. Baird, Assistant County Administrator
F: ~PUBLIC WORKS\ REBECCA\WORD2 0 0 0 \FBI p. MAR. DOC
March 1, 2001
aTf 0[
HOME OF PELICAN ISLAND
1225 MAIN STREET · SEBASTIAN, FLORIDA 3295~
TELEPHONE: (561) 589-5330 · FAX (561) 589-557£
-' MAR 0 5 2001
PUBLIC WORKS DEPT.
Mr. Jim Davis, Director
Indian River County Department of Public Works
1840 25~h Street, County Administration Building
Vero Beach, Florida 32960
Re:
Florida Boatin.q mprovement Proqram - Allocation to the City of Sebastian
Schumann Lake Boat Ramp and Pier
Dear Mr. Davis:
As discussed during our meeting two weeks ago, the City of Sebastian is once again
interested in working with Indian River County to procure and utilize funding from the
Florida Boating Improvement Program (FBIP). An award will help finance construction
of the Schumann Lake Boat Ramp and Pier, consistent with goals and objectives of our
community's most recently adopted five year Capital Improvement Program.
Arrangements are currently underway to initiate actual design and conceptual site plan
compilation for purposes of implementing this program. As such, I would like to present
our proposal to your organization's Parks and Recreation Advisory Committee, as well
as an FBIP grant request for $25,000. Please advise as to the respective time and date
of an upcoming meeting, as we are most anxious to share our plan to make this project
a reality. In addition and as always, should you have questions and/or require additional
information, feel free to contact me by calling (561) 388-8203.
City Manager
TRM/
Cc:
Honorable Mayor and City Council (Via March 2, 2001 Information Letter)
Ralph Brescia, City Engineer Documents/FBIP3
Terry Hill, Director of Public Works
My Documents/FBIP3
'~AI~ f=qUal OlPpdttUllify ~m,uluyel
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HO~ OF PFJ. JCAN ISla~4D
1225 MAIN STREET · SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 · FAX (56'1) 589-2566
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
March 29, 2001
Terrence Moore, City Manager
K. Nappi, Secretary, Sebastian Construction B~'~-~
Attendance Request
Attached please find copy of a memo with attachments to Attorney Rich Stringer requesting his
presence at the Construction Board Meeting to be held Tuesday, April 10, 2001 at 7:00 P.M. in
the Council Chambers.
Although the motion did not include your name, it was suggested that you also be requested to
attend since the 12/30/99 memo, "Contractor Registration Policy" originated from you.
Should you have any questions concerning this matter I can be reached at Ext. 8238.
HOME OF PELICAN ISLAND
1225 MAIN STREET · SEBASTIAN, FLORIDA 32958
TELEPHONE(561)58%5537 · FAX (561) 58%2566
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
March 28, 2001
Rich Stringer, City Attorney ,)
K. Nappi, Secretary, Sebastian Construction B
Attendance Request
At their meeting held March 13,2001, following a brief discussion, the Construction Board
made and passed unanimously a motion to request your presence at their meeting to be held
Tuesday, April 10,2001 at 7:00 P.M. in the Council Chambers.
The Board is asking you to substantiate your opinion noted in a memo from Terrance Moore
dated 12/30/99 to myself and George B onacci, Director of Building regarding "Contractor
Registration Policy". (Specifically, credit/financial reputation). ]~ have attached a copy for your
convenience.
I have also attached copies of the following: 1) A letter from Andrew Allocco, Construction
Board Member, dated June 13, 2000 to City Councii Members; 2) A copy of the Construction
Board Ordinance; 3) E'Mail correspondence between Mr. Allocco and DBPR.
Should you have any questions concerning this matter I can be reached at Ext. 8238.
City of Sebastian, Florida
Telepb. one (56I) 889-5330 ~ Fink (561) 589-5570
Prom:
Date:
Subject:
MEM,.ORANDUM
Gearga Bonacci, Director of Building
Kathy Nappi, Con~'ac~or Ur~nsin~
Torrance Moore, Cft7 Manager
December 30, 1999
Contractor Reqistrat~on Policy
As ~.he Sebastian Municipal Cads does no/contain spec[ftc provisions ~ovem[ng the delivery cf
credit reports during license processing, 'credft/financial reputation" is to be vedfied during the
conLracter registration process via references from other endtiee in which work was penCormed
(i.e. other businesses, governmental entities, company annual ffnancial repons, if' appqcable
and other like information submitt.=d dudng the application process). As opined by Cky
Attorney Rich Stringer, the practice cf requiring the submi~al of credit reports during
applicaf, fon is an example of "unwritten rule-making" that has been under a~Jack is Courts in
recent years. In addition, waiting for the delivery of credit reports is quite counter pr~:ductive' in
that obtaining such documents may take several weeks, ultimately reauldng in other
impediments such as increased matedal delivery costs and prolongfng permittfng with
applicable intergovernmental agencies. I realize this is somewhat of a departure from past
practices in the buNdfng department. However, this arrangement is indfcative of Sebastian's
philoacphy ef promoting effective and effciency government end doing what is bast for the
organization as a whole. As such, a meeLing wfll be scheduled sometime next week when
George Bonacci returns from vacation; to discuss possible revisions to the respective
TRM!
Cc:
Rich S~nger, City Attorney
Martha Campbell, City Engineer
Terry Hill, Director of Public Warka
Paul Wagner, Purchasing and Contract Administrator
My C ecumen¢s/Ce n~ra ctR egistra[le n
ANDREW ALLOCCO, P.E.
Consulting Engineer
P.O. Box 780098
Sebastian, Florida 32978 U.S.A.
Telephone (561) 388-3188
Sta~ of Florida Registered Professional Engineer
State of Florida Cer~Jfled General Contractor
State of Florida Certified Mechanical Contractor
State of Florida Certified Air Conditioning Contractor
State of Florida Certified Roofing Contractor
State of Florida Certified Pool Contyactor
State of Florida Certified Electrical Contractor
PE 39381
CGC 10724
CMC 11653
CMC 11653
CCC 12378
CPC 6138
EC 525
Date: June 13, 2000
From:
Andrew Allocco, P.E.
Engineer Member of the Sebastian Construction Board
To:
Members of the City Council of the City of Sebastian
Subject: Duties and Powers of the Construction Board of the City of Sebastian
I have been a member of the Construction Board of the City of Sebastian since March 9, 1999. Since
that date I have taken part in the evaluation of contractor license applicants on a monthly basis. I have
noted that we are over relaxing our evaluation criteria based on memos from both the City Manager and
the Cky Attorney.
As a case in point I am enclosing a copy ora memo from the City Manager that was sent to George
Bonacci (Director of Building) and Kathy Nappi (Contractor Licensing) dated December 30, 1999 (copy
enclosed).
As a result of this memo the Construction Board was told that financial credit checks would no longer be
required for applicants for contractor llcensing. In reading the memo I noted that both the City Manager
and The City Attorney are concerned with "unwrkten rule-making" and therefore have restricted the
Construction Board from performing it's job.
It is my opinion that Sec. 26-165 of the Sebastian Municipal Code relating to Certification Procedures
clearly states in paragraph (c) that: "Following receipt of the fee and application, the construction board
shall investigate the applicant 's financial responsibility, credit reputation, education, experience, and
business reputation, and the business reputation of any business agency on behalf of which the applicant
proposes to engage in contracting."
Since the Memo from Mr. Moore was never sent to any member of the construction board, I am
wondering just what are the board's powers and duties. I am therefore requesting that the City Council
issue a Memorandum to all parties outlin/ng the "chain of command" and who answers to whom.
Engineer Member of the Construction Board
JUN 1 3 2000
CONSTRUCTION
BOARD
4i
CONSTRUCTION BOARD
Created by Ordinance
Sevin members. (w/th deft. n/t,' qualificatiens). Council may appoint one or two alternates.
DUTIES
The board shall perform such duties as may be designan~ by th/s article and as may be determined by the
City Council.
~¥[EETING TIM2ES
Second Tuesctay of each moat.h, 7:_30 p.m.
Please,see ScbasLima Code Section 26.
~s sect/on co~is~s of:
Consm.~cfion Board. ................ 26- [ 9 [ - 26-198
Board Ccr~catioa Proced. ures.....26-165 - 26- [ 76
42
CONSTRUCT[ON BOARD
See.. 26-191. Membership; terms; filling of vacancies.
(a) The city construction board shall be composed o£ seven members and, as £ar as practical,
shall consist o£two c~rtified contractors (residential, building, general), one elec~caI contractor, one heating
and ventilation contractor, one architect or engineer, one plumbing contractor and one concerned citizen. The
city council may also appoint one or two alternate memhe~ who shall serve as necessary to assemble a
maximum of seven voting members of the board, it is preferred that the alternam members consist of one
certified contrm:tor and one concerned citizen. Ail member~ and alternate members shall be appointed by the
city council, pttr~.,mnt to Sec. 2-170.
Co) To be eligible for appointment, except as othmw,'/sc provided in :Ns section1 each con~'actor
member shall be acdvely engaged in construct/on in the city, or have an established business in the city ILmits
The architect or engineer shall be Iicc~ed in the state and be a resident of' the county.
(c) Each member of the board shall hold a valid cerzificate issued by the board or the state in
add/t/on to having the quali, ficadons required in subs~tioa (b) of this section, excepting the one concerned
citizen member. If any member of the board, at any time during kis term, no longer possesses the required
qual;~eations such member shall be automatically suspended for 30 days; Sen, un/ess qualified within 30
chys, shall be replaced.
(d) Of the regular members appointed to the board:
(1) Two members shall be appointed for an initiai term o£one year.
(2) Th,.ree members shall be appoinmd for an initial term of ~'o ye~s.
(3) Two members shall be appointed [or an initial term of tN-ee years.
Thereaf~ all appointments shall be made for a term of three years. All terms o£office shali expire on
September 30 of the test year of the term.
(e) Eacla alternate member shall be appointed for a term of O. ree years.
(f) Any member may be reappointed, subject Lo the limitations set forth in subsections (d) and
(e) of ~s se:don.
Sec. 26-I92. Meetings; quorum; ot~cers; rules and regulations; budget.
(a) The board shall meet regularly as the need presents iueif. Fouz members of Lhe boazd shall
constitute a quorum. A majority of~e members present shall be required to act.
Co) The board shall elect officers fi-om its membership. Whenever possible, the person selecwd
as the Chairperson and Vice Chairperson of the board shall have served [-,vo years as a regular member of r. he
board and shall have attended a~ least 90 percent of the meetings of the board in which such member was not
43
orhcrv~s¢ exc~ fi.om amending by the hudividual servthg as the Chairperson of the board a: such meetings.
(c) The board is authoriz~ to adopt rules and regulations to am-r7 out provisions of this article.
Th,' board may Bom time to fi.me change, altar or amend thc rules and regulations adopted.
(d) Special meetings of the board may be held as the beard provides in its tales and regulations.
(e) All revenues r~eived by the boa.rd shall be depcsi[ed w/th the city. The board shall armually
submit a budget to the city council for its expenses. The board or any member thereof, shall not r=eive any
salary, expenses, or any other funds without approval of the city council.
See.. 26-193. Oaths and testimony.
Any member of thc board or duly appointed hearing officer designated by the board may administer
oatl:~ and take testimony about ali matmrs within thc jurisdSction of the board.
Sec. 26-194. Se-aL
The board shall adopt a seal for its use containing the words "City of Sebastian Construction Board".
Sec.. 26-195. Compensation.
Members of thc board shall receive no salary or compensation for atzendance at m~tings, but may be
reimbursed for their actual expe~es incurred in the performance of' thek duties in accordance with procedures
established by r~olutiun of the city council.
See.. 26-196. Deleted.
See. 26-197. Powers and duties.
Thc co~truction board shall have the following powers and duties:
(I) Advice to the city council. On its own initiative or whenever requested to do so by the city council,
to give advice to thc city council and to other pubtic off~cials or employes w/th reference to any matter
afire:ting contrm:tors or thc construction indus./within the corporate limits of the city;
(2) Revie'wing civ./building and housing codes. To advise the city council concern-rog the city building
and housing codes, their ~topfion, their amendment, and the revision of the m/n~um stat: bu.kidthg codes
or any standard published code of teck.n.ical regulation which constitutes all or part of such codes or of this
chapter.
(3) E. xaminarion of contractor's license holders and a.~fl/icants therefor. To examine or eau.sc to be
examined holders of contractor's licenses w/thin the city or applicants for such license, in accordance with the
requirements of this chapter.
(4) Licensing of contractors. To license contractors pursuant to the requirements of r. kis m-ticle.
(5) Review ofviolan'ons of&is article. On the motion of the boasd, on a notice of hearing issued by an
investigator or on the verified written complaint of a. ny person, the board may review the actions of any
44
per~oa, including a contracLor that has b~n issued a certificate o£competency by the board pursuant to rJzis
a. rlicle or a se. al= certified cone-actor, who has vidiat:d any provision of chis mmcle. The board, may hold due
procoss hearings and therea-ftar take appropriate disciplinary action as authodz~i puzsuant to this amcle if the
person, including a sat: certified contractor or a conlzactor holding a ccail]cate of competency, from the
board pm'suant LO this ar'dele and Lnctuding an entiV/qua[if]ed by a conWactor who is state ctrtit]ed or holds a
carti~ca~ of compet:nc'y from the board pursuant co ti'ds article, is found to be [n violation of one or more of
the acts or oads.sior~ co~tim, r_bg a prohibited activi~ pursuant to S~tJon 26- [ 71 or constituting cause for
disciplinary acC_ion pursuant to S~:tion 26-172 to the extent, not reserved to the department to the exclu.sioa of
(6) Coordinate inves~fgozfon~ with other governmental ogenc/es. To cooperate with other
governraental agencies, local, sat: and federal with reference to any manet aZTectm§ con,-actors or the
cop, sa-action Tnduscry withJn the corporate Ii.mia of the cky.
(7) Subpoena7~owers. The board shall have the authority t~ subpoena alleged violators and vdmesses to
its h~'Tngs. Tho City, the board or the alleged violator may request that wimesse~ and re. cord~ be
subpoenaed m any emergency or formal hearing. Subpoenas shall be se,wed bn the same manner as civil
subpoenas are s~rved under Florida Statutes ~d the Florida Civil Rules of Procedure. The chairman of abe
board shall provide the clerk with sufficient signed and b{ard< wimess subpoenas to be provided to alleged
violaLor~ and the City AttomW for the purpose of subpoenaing wimesses and records.
(8) Other. The board shall perform such ct,her dudes as ma.,,' be de:ermined by L.h¢ city. council
Sec. 2-198. Administration.
Tn order Lo carry out the Lnt~nt of tl-ds article, the ciW council hereby appoints the foUo~4mg of~cials
to assist the board in perform2ng ia duties:
(1) ~uilding Official. The building of Iic[a[, or his authorized representative, shall have the
primary duty of eaforcthg the various c,.~J, es and in t aline discioIinary proc=dings before the board, and shall
make such recommendations or repora to the board as needed on each ma~ter considered by it.
(2) Clerk The building OL~cial shall appoLnt a Ciq, cmployc~ to be the board clerk. The clerk
shall record all m~tiags oft.he board and shall prepar: minutes of each m~ring, which shall stat: ail
motions, thc vote of each member upon each question or motion, and a s~t:ment as to any member who is
abs.~nt or £~ ilfng to vote. The n-~ut.~ of the board may be in a summary or outline forr~ but shall accurately
r~fl~:~ the c:k:lilx:r'atloi=~ of the board. The clerk shall perform such other functior~ assigned to the clerk by
(3) Legal Cou;~s~l. The city a~tomey shall advise and be cotmsd to the board. The legal
courmel shall Ix; compensated as provided by the city council.
Sec. 20.16~. Certification procedurez.
(a) To obtain a cen:ificat: an applicant shall submit an application b. writing to the con.swaction
board conrainTng the statement that the applicant desires the issuance of a certil]cate and the class of
c~rtiJScat~ desired on a form conteLabg the i_mt'ormadon prescribed by the consmaction board and shall be
accompanied by the fee ~ixed by this article.
Co) Examinations for c~rti, fication or' applicants shall be held at such times and places as thc
board cicmrmincs. Each applJca.nt shall take an objective exaaUnatinn about hJs fimess for a certLficate m the
cat~gory for which his application is made. The ~xam-mation shall cover k~. owl~ge of basic principles
contracting and coasm~cdon applicable to the ca.gory of the requested, certificate. The examination shall be
thc Block and A.ssociams proctor mst or an equJ. valent east as may be detenm~ned by the board[ Each test shall
be in parc the ~rtmirdstrative secdoa Lher~f. A passmg ~zade on each exan~ation shall be 75 percent.
(c) Following receipt of the fee and application, the con~C"~ction board shall investigate the
aug, licanl:'s fi.nancial responsibility, credit reputation, education, experience, and bu_szneas repuCano~ and the
b~siness reputation of any busings agent7 on behal£ 0£ wkich the applicant proposes to.eag~e in
con=acting. J-The investigation o£the applicant by the board o.r the above shall be at all u. mes tn the best
mt.ers, st of the city and the board shall make a detent, drier[on that m~ts, m the board's opLdioa, the minLmum
requiremenr, s for the best. intere~t.s of the city. Il'the application is approved by Lbo boarcL, the applicant shall
b¢ notified, to appe. m' for an examination. WithJn 30 days fi.om the daM.: of the exam[nat[orr, the board shall
i.a..~on:a the applicam, in v, witing, whether or not he has qualified and. if the applicant h~ qualifie, cL, that the
board,is ready to issue a certificate in the category for wkich application was made, subject t.o compliance
with the requi.rm:nenr, s of subsection (d).
(d) As a prerequisite to issuance o~'a certificate, Lhe board shat[ requLre the appiicant to subrrut
sads£actow evidence that he has obtained public liability Lrzsu.r~ce tn the following a. moun~:
(I) General contractor, building conU'actor and residential building contractor: Nor Ness than
$i00,000 property i.nsu_rance; not less that $300,000 persona[ liabiliw mt.trance,
(2) ALI others. Not less th. an gS0,000 prope-"zy Nsur~ce; not [ess than $ i00,000 personal
liability b.s~ce,
together with evict:ncc ofworker~' compensation irmur~ce or ce~iLScate that he has complied '.'dth the State
Workers' Composer[on Law. All evidence of b'mvzrance must be ~le.c[ wfch the building oPficiaI. Thereupon.
thc certificate sbaU be issued forthv,dt~% but ChJs subsection does not apply to the issuance or renewal cf
inactive cexi f'icates.
(e) Il' an applicant for an odgSzml certit"icate, aRer having been notified to de so, does not appear
for an exami.narlon wit.kin 90 days from the date at' filing kis application, the tee paid by kim shall be credited
to the board ~ an em'ned fee. A new appiication for a certificate shall be accompanied by another application
fee fixed by thS. s article.
Thc certificam Sba.Il not be =ansfcrable.
(g) Those persorts re:lively engaged in the installation o£ sc[ar water heatmg or so[ar pool
beating ~'ystz:ms as o.r"March 14, 1984 may be certified by [aw, provided that:
(1) Application rot "grand.t"athering" is presented withth [20 days from Masch L¢, 19847
(2) The applic~t demo~trates to the satisfaction of the construction board a ~u.m of ~'*'o
years' exper[eat, z: in the iz~tailation of soil' water hearing ~stems. The board may accept one year of
documenr, e.d t.~:b.nJca[ education as the equivalent of one year o£ docu_m:nted installation experience;
~'~(3) ,j The applicant provides such insurance, occupationaJ licenses, credit reports. '~.nancial
statement~ as required for issuance ora certificate of competency as a contractor pursuant to the term~ of this
s~crJ, on; I
(4) NoO-ing in this subsection shall res~ct or [Lmh in any manner the regal authori~ of
mechanical conta-aztors, harv contractors or plumbing con~actors certified by the construction board [o kmtall
solar water he. sting systernz or solar swimming pool water heating systems. All such contractors are legally
authorized to size, install, alter, repair, maintain, relocate, replace, or use potable solar water heating systems
and solar po~[ heating systems, including so[ar heating panels and appurtenances, apparatus or equipment
used in connection therewith. Any such contractor shall have any work for wi/ch a local certificate of
competency is required pcr-f'ormed by someone holding a current and valid ce:Zificat¢ of competency to
perform that work, unless such contractor is I/srmetf certified in ~he applicable reade category.
Sec. 26-166. Certification for firms and corporations.
(a) Application shall be recxived only fi-om md/viduals and certification, when gr~r. ed, shalJ be
issued only to an individual. Ii'ira app[icant proposes to engage in contracting in other than h/s ind. ividuai
name, the applicant shah state the name, the officers an directors of [he corporation or parme,,-sb. Sp for whom
he ts qualifying and furnish evidence of staratory compliance if for a corporation or business using a fictitious
name. At least one member of a partnership or one officer or director of a corporation or one supervising
employee of the business orgardzafion shall be quatified ~der this article in order for the business
organization to hold a current certificate in [,he category of the business conduct~ for which the member or
supervising employee is qualified. If may indivldaal so qualified on behal£o~'such husmess orgav2z2don
cease~ to be a:ffiliar, ed. with such business organization, he shall noti~' ~e board ~s provided for th section
26-17i(b). In addition, it'such individual is the only qualified individual affiliated with the busmess
organi?~tJorl, the business organl.zation shall notify, the ~oard o£the individual's terrranatio= ~d shall have a
period of 60 d~ys from the termination of the individual's affiliation v,'ith the business organization in wi.ich
to qualify another per, on ,under the provisious o£ t~Ns article, tailing wl/ch, the certification of ~e busine~
organization shall be mabject t~ revocation by the board. Any change in the status of a corporation or
partnership as to ownersi/p, qual.ificatior,., or affiliation, shall be sent to the hoard within l0 busLqess days of
such change. Failure to do so is subjecc :o the penalties outlined in section 26-172.
Co) The applicant shall show that the person appls.4ng for the exanunanon is Iegatly qua[ifi~ to
act for the business organization in matters connected w/th its contracting busmess, concerrfi, ng regulations of
the board, and that he has the authority and the responsibility for supervision of work tmder'tz&en by such
btminess org m'szation.
(c) In order to qualify more than one corporatiort, partnersi/p or business enterprise, r_he
qualifying agent shall he a principal stockholder, parmer or owner of the subsequent cnrpo[ation, pa.r-mershp
or business enterprise.
Sec. 26--167. Fees.
(1) Application f~ $ 75.00
(2) Written Exara fee - Sebaseian
75.00
(3) Written Exam fee - Gainesville
135.00
(4) Oral Exam tee - Gainesville
185.00
47
(5) Comp¢~ncy Card m. mual f=
30.00
(6) Lssuanco ofdup[icam card
5.00
(7) Chang= of Stains f~
25.00
(I]) L~tmr of Reciprocity
15.00
(9) R~aowal f~s for Competency Cards:
a October i th.rough October 15, $30.00 p]~ ten percent surcharge
b. October 16 t..~ough March 31., $30.00 ptus 20 percent surcharge
c. ApdI 1 through September 30, 260.00
exph-~Jon dat~, $75.00
e.Inactive competency oarct, $10.00
f.l~:activate an Inactive competency card a_~r
reappLicat:ion to and approval by tho board, $20.00
No competency card can be renewed more than three years after it bas expi:ed,
Sec. 20-168. Renewal of certificate.
(a) Certificates shall expire annually at mid.night at the end of the fiscal year of the city..
kb) Fa/lure to renew the certificate during the last month o£ the fiscal year of the city, shall cause
the certificate' to become inoperative, and it shall be unlawful from the beginning of the foilo,Mng fiscal year
oft. he city for any person~ to engage or offer to engage or hold kimbell out as engaging in concracting under a
certificate unless the c, ertitScate is restored, or reissued.
(c) A certificate which is inoperative because of failure to renew shall be restored on payment of
the proper renewal fee, it' the application .for restoration is made vAtl4n 180 days after the end of the fiscal
year of the city. A penalty fee often per cent shall be assessed if not renewed withZn 15 days from the dar,- of
expiration. Il'the application for restoration is not made wit. kin the 180-day period but before the next tTscal
year oft.he city, the fee for restoration shall be equal to the original application fee plus penalty. Nthe
applic, a.tioa for re~toration is not made before the begixn52g of tho next fiscal year of the city, the fee for
re~toration shall be double the original competency fee and in adrlltion the boa. rd may require re- examLnation
o£th¢ applicant. A cerd.ficate which is not renewed wit. b2n three fall years alter expiration, may not be
mewed, re~toreCk or reirmtated thereafter except by reapp[icatinn and re-exam/nation.
(d) A person who holds a valid certificate from the Imard may go on inactive sCatu~ dua-ing
which ~ he shall not engage in contracting but may retain his certificate on an inactive basis on payment of
art annual renewal fee during the inactive period, not to exceed $ i0.00 per year. An inactive eert.ixTcate can be
activat~i only by application to, and approval of the board on the proper forms.
Sec. 26-169. Payment and performance Bonds.
(a) The board is author/zed to require a contractor who holds a ce~iScate of competency issued
by th-' board pursuant to this article, including a corporation or other earl ,ty which the certificate holder has
48
qu~ifind, to obtab a payment and performzace bond as a prerequisite to being able tc obtain a building
permit or other development order fi-om the city if, atSer an evidentiary hearing there~n which provides due
process to the adversely affected parties, the board fmd~ that the con=actor or the entity' which such
contract:or bas qu:ali'fied presents a subst~antial risk of not being able or ,wilting [o fi. dly complete a job or
project: for which a building perrrdt or other development order is requested or needed to author/ze thejob or
project. Evidence on wkich such a fading of the need for such a bond may be baqed shall consist of any one
or more of the follow/ng findings of fact:
(1) A claim of lien in excess of $2,000.00 has been filed in connection with the real propecty the
conmactor or entity wlzich the con=actor has qualified is wor 'king o~ whereby the Claim of Lien avers that the
contractor or entity has not made proper payrnent to the lienor, and the claLm of lien has not been released or
satisfied w/Lhin 60 days of the filing of same with the clerk of the circu/t court.
(2) The contractor or entity which the contractor has qualified has a)udgrnent for money.
damages entered by a cou_,'t of competent jurisdiction against such con.actor or entity, and the judgment is
reasonably relaI~ to the type of work for wkich the requested building po,re'fit or other development order
relates, ;md the judgment has not been released or otherwise satisfied.
(3) The contractor or entity which the contractor has qualified has fa~ed to substantially
complete performance, of any other contract for work of the type that is the subject of the requested building
permit or other development order and the failure to substantially complete performance of the con=act is
reasonably w/th_in the control of the contractor or the entity' which the contractor has qualified.
(4) Any oIi'icer, director, shareholder, par'mcr, joint venr~er, trustee or employee of a busmess
entity that. is sec 'king re building penvJt or other development order ',vas an officer, director, shareholder,
partner, joint venU. u'er, trustee or employ~ of another business entity a[ a tLme when the other entity violated
any of the provisin~ of subsectiop, s (l)(a), (2)(a) or (3)(a) of this section.
(5) For any other violation provided for in thSs section if the violation could re~onabty render
the contractor or the entity wkich the contractor has qualified a substantial risk of not being able to fully
complete the.lob or project for which the building perrrdt or other deveiopment order is requi~'ed.
(b) The amount of the payment and performance bond shall be set by the board and may be m
an amount: equal to the contract price, if any, or the full estimated cost to complete the job or project for
which the building permit or other development order pertains.
(o) The requi.rement ta obtain a payment and performance bond may also be one of the
conditions prescribed in subsection (a)(4) of this section, if such bond is reasonably related to the type of
violation found by the board to have occurred. The board shall dete'wn-me who shall be the beneficiary, of olay
such bond. The authority to require a bond shall not be impose< however, if the contractor or the entity.
which the contractor has qualified is certified in the specific trade by the depa.m'nent or other state agent',
and it' such state ce. rt/.fination prohibits the imposition of a payment and performance bnnd aq a matter of law
under appLicable state statutes. The burden of establishing that a state law preernpta the knposition of a bond
shall be upon the contractor or the entity wkich the contractor h~ qualified.
Sec.. 26--170. Records and examinations.
(a) Ail information provided to the boa.r'd by any applicant tar certification shall be a pubiic
record except to thc extent exempted 2om the provisions o£requirthg public access to public recor~ under
49
the laws of the state. Any appiicants for a certifcate o£ competency shall be bJ'ormed Sat theiz app[icatior~
examinatiom, exaraina~ion scores and other Fmancia] records which are r:ceiv:ct by thc city. shall become a
public record.
Co) If a certifcat: bolder changes Ns name style, address or employment fi-om that wkich
appem-s on his em-rent c~rtificat:, he shall notk5, the boa.rd of the change within ten days ~ it
(c) All ex~qJ~atlonx shall be retained For a period o£ ~'e= years fi-om the dam of exa.mination.
Sec. 26--171. Prohibited activities.
(a) Il: is u.,~lawf-M For any person to engage in the business or act m the capaci~ of a contractor
wi~out being a sbt: certified conWactor holding a state certifcation or being in lawful poss~sion of a
r.,erti.ficat: o£ competency issued by the board pursuant to kkis article.
(b) It is tmlawful For any person who possesses a current cer~ifcate ofcompeteu~ issued by the
bom'd pur~umat to this article or a state codification issued by the depamment to contract wis or utilize
servic.,.~ o£ a~other person cng=g~g in the business or acting in the capacity o£a con=actor where such other
person does not hold a state cert.i~ication or a certilScate of competen~ for engaging in the type ofcontractmg
business that such other person operates in the corporate limits of the city. TNs prohibition shall be
emi'orr, cable even Lgthe unlicensed contractor does not hay: an office in the city, so long as ~m: ur~iic:nsed
contractor p~rforms or contracts to perform the services of a contractor in the corporate lirai~ of the ci.ty for
· e person holding a sta~: certification or a certificate of authority issued by the board pm'suant to O~s artic!:.
(c) I~ is tm2awful for a person required ~.o possess, but no~ possessing, a ctwrem certigcate of
competency issued by t.he board pursuant t9 thSs a. micle or a state certification issued by the depa.rtmen~ to
advertise to the public in a newspaper, magazine, handbill, flyer, airwave :'ansmission or telephone directoo,
or by issuanc.: of a card or other communication or other advertising medium, that he is a contractor or is
qualified to act ~ b~iness ~ a con=actor, pursuant to a certifcot: of competency issued by the board
pursuant to t,Ns article or a state certifcatiun issued by the department.
(d) It is ur~.law'iSzl for a contractor who possesses a certifca~e o£competency isst~J, by the board
pumuant to th. is article or a stat: c. erti~cation issued by the Department to Fail to include Ns ceccifcate of
competency number or state cerr. ifcation or regis~-ation number in any publication which is primarily
drculated, d~played, distributed or marketed witttin the city wkich advertisement identities a contractor or
entity oit'eFmg ser'~ir.,~ reg,a.!a~ed by F.$. Cb. 4§9, as arnended g'om time to time, or by r..h..is article, tm_less the
advertisement included th~ ~rti~cate o£competency number or state certification or registration number
i~sued to that contractor. Not_king La tl~s section shall be consmued a~ requiring that the publisher not publish
any adve. rti~eraent wkich docs not include a certifcar, e of competency number or a state-certification or
r:gi$~ra.tiou number, nor determine or investigate whether a certificate of competency number or a
sta~-e~rtiflc..~ion or regis~:ration number is required, whether the license number gSven is arc'm-ate, nor
determine or invest, igate whether the person whom the advertisement is published is state c. er~dzfied or holds a
certificate of ~ompetency issued by :he board pursuant to this article.
See. 26-172. Causes for disciplinary action.
The £oL!owing acta constitute c~use For dSsciplinary action under this article:
(i) Will~tI or deliberate disregard or violation o£the applicable building codes of the city.
50
(.2) A/ding or abecting a person who is not a state certified con[rac~,or or a con.actor who
possesses a c~rtitScar~ of'competency issued by the board pursuant to dzis a~ic!e to evade amy' provision of'
th~s azCJcte, Utilizing or contracting ~'[th an tmljcermed contractor or subconn-~ctor is prkna facia evidence of
engaging La such an act
(3) Knowingly combining or cormphing w/th an unce~[fied person vdth the intent to evade the
provisions of this article. When a person holding a certificate of compemncy issued by the board pursuant
this art/clc or a stat~ c~r'dfication allows Ms certificate or state certification to be used by one or more
companies without having a~y active participation in the operation.s, management or con~'o[ of. such
compa.nJes, this m:t shall constitute prima facie evidence of an intent to evade Lhe provisions of E~.Js article.
(4) Acting in the capacity of a con~'actor under amy certificate of competency, issued by the
board pursu, mat to th/s m'~icle or any state ~rzifica[ion issued by the deparmaent, except in the ha.me cf the
certificate holder as set forth on the issued ce~ificate of competency or the state-certification or in accord,~.nce
with the persormel of the certificate holder as set forth in the application for the certificate or state
c~rti~cat/om, or as later changed as provided in this article or pursuant to F.S. Cb.. 489, as arnended from
to time or any rule or regulation promulgated pursuant thereto.
(5) Diversion of funds or properly re..ceived for the completion ora specified corgstr~ction project
or operation or as a result oft. he diversion the contractor is or w/Il be unable to fill the terms of bJ.s obligation
or cootrm::t.
(6) Failure in any material respect, to comply with the provision~ of ~s ~.rdcie.
(7) Failure to maintain insurance coverage as se[ by the board.
(8) Failure to provide proof of worker's compensation L~s~ance to the building official or bxs
des[gn~s upon demmnd for such proof.
(9) Falsification of application or testknony ~vea before the bo~d.
(10) Abandonment of a cormtruction project in wkich the contractor is engaged or under contract
as a con,tm:tot. A project [s to be considered abandoned if the con~'ector termmates said proj~t w/thou[
notification to the prospective owner or current owner for at toast 30 days w/thout just cause, such as acts of
God causing construction detay;
(11) Cheating on thc examination required by this article.
(12) Giving or offering to g/ye directly or mdirectly any oily employee, council member, board
member or the City Manager any'thing of value, monetary, or otherw/se, with intent [o ~quence such
employ~ or board member in the discharge of his duties under the prov{sions of this a~icle.
(13) Armmpting or threatening to co:roe or coercing th. rough physical asr, injury or damage :o the
Mayor, or to may council member, board member, City employ~ ~r any family member or properzy of any
board member or City employe~, w/th intent to i_,~..uence such board member or employ= in the d/scharge of
kis duties under the provisions of this article.
(14) The filing of a petition Ln bamkn-uptcy, either voluntarily or bvotunmr/ly, the making of an
assignment for the benefit ofcredSrom or the appointment ora receiver for a con~ractor or am entity, whJch is
51
bearing proc:ss, has b~n found guilty La another city or co~ ~ ,~e [2-mon~ p¢h~ of ~ud or ~
~t~ b~ ~ vio[ado~ ~d ~¢ bo~d f~. a~er provi~n~ ~odc~ ~o ~e con.actor, ~a[ such ~aud or
v{ol~oa wo~d bye b~n ~aud or a violation of a b~dbg code of ~e ci~ if co~ m ~e c~, ~en the
bo~d may, b ~don to ~e penalties ~a~ may be ~pos~ ~d o~cr retakes ~at may be available ~o ~e
ci~, w~ch ~ provM~ for e[sewh¢r~ ~ ~s secdo~ deny the [ssu~c= of a bu~ldbg pe~ to such
~n~mr or bsue a b~g pe~t ~ sp~ific ~n~:ions w~ch ~e bc~d det~es to be a~ceas~ co
proof ~¢ pubac hcal~ s~cW ~d general wdf~c. The bogd shall provide nodhcatioa of, ~d ~o~aaoa
~a~g, ~y de~al ora b~g pc~t p~su~t to ~ls provision co ~¢ dep~en~ ~ 15 days aRcr
~= bo~d d~{d~ m deny such b~l~g pe~t.
(d) ha addition to the penalti~'s that may be Lmpnsed, and other remex/ies that may be available to
the City, which are provided for elsewhere b_ this s~dork the board may impose a~ admiaistradve fmc th an
mmoumt not to ~c,"~ $$00.00, wt:dch shall he recoverable by the board ordy La an action at law.
(¢) Tn addition to the pcnakies that may be knpesed, and other reme. dJes that may be avaitabIe to
the cky, which m'~ provided for dsc. where Ln r.~s s~tion, the board is authorized to take the followmg
di%ipIinary a=*.Jons against the holder ofa c¢rdficaU: of competency issu~ by ~e board pursuit to d-ds
ardcte, where such hoIder has bc~n found to violate secdoa 26-171 or h~s engaged in any of the acts or
omissions wbSch co~timte cause for dJsdplLaary action pu. rsuant to section 26- 172:
(1) Suspend the certificate o£comper~ncy issued by Lhe bc~d p~su~ to ~s ~icl~ d~g ~¢
peHM ~ by ~: bo~ buc ~¢ bo~d may pc~t ~c csai~ca~¢ homer ~o complete ~y coa~ac~ then
~mpl¢~;
(2) R=vok: the c¢~ca:e of competency previously issued by the board pursuant to LhJs article;
Or
(3)
Place the cerdiicaa: holder on probation for a period fixed by ~¢ board, but eot La excess of
(f) In addition to the penalties that may be imposed and other remedies that may be available ~o
the city, wkich are provided for elsewhere La this s~don, the board shall be empowered to refzme to issue
building permits or to issue building permits contakfi-% sp~i~c conditions to protect the public healrth, safety
and general welfare to a contractor who is state ceaified or who holcg a ceaificate of compe~ncy issue, d by
the board purs,,~,~t to LhJs article who has coramkt~ multiple violations of LMs micro when such coo~ractor
has been discipLLncd for each of such violations by the board and when each discip[i.nary acdoo has involved
r~vocation or suspc'msioa of the srmJ~ certification by the deparcment or has Lnvo[ved revocatioo or snspeasion
of the ccrd~car~ of compeancy issued by the board pursuant to this micle, the iznposidon o£an
admiaiswadv¢ fzne of' ag least $1,000.00 or probation. Furthen'nore, the board shall be empowered to issue
pcrmks with specie condkioas designed ~o protect the public health, safe,? and general welfare to a state
cord. fled contractor or a contractor who holcis a certificate of competent' issued by the board pursuant to r. kis
m"dcie who, wit_hie the previous twelve montes, has had fmal action taken against hkn by the depar'a'aent, or
by the boasd when the board has reported such disciplinary action against the contractor to the depa.rtrnent
where t. he contrm:~r has engag~i in the hush,ss or acted La the capaci9, of a coma-actor wit. hour a license.
(..g) ha addition to the penalties that may be knposed, and other remedies that may be ava[table to
the city, which ~ provided for elsewhere La t. hJs s¢ctiort, the board shall be empowered to re'sa'nth any
violation of tizis article by fi2ng the appropriate action in a coma of competent jurisdiction/'or Lajunctive
relief.
q, mlifie~l t~ engage in the bnsthess of a contractor by the holder of a ceaificate of competency, issued by ~e
M~d or a s~a ~ficatian iasu~ by ~e dzp~eaa Providc~ however, ~a~ such acc shall o~y empower
· e bo~d ~ ~z such action ~ ~[owablz ~dzr ~e laws of~e s~ate or ~e United Sca~e of ~edc~ or ~o ~e
~x~: o~c~sc ~owablc p~u~t co ~s ~icte.
Sec. 26-173. Miscellaneous general provisions.
(a) The provisions of t.b. is mt]cie shall be deemed supplemental to, md not m con/lice with or in
preemption of, the provisions of article VI, division 2 of chapter 2 of the Code of OrcLinzmces concermmg :b.e
code: enforcement board. Tn the extent provided in such article, the code enfarcement board shall have
concurrent jurisdiction over the evforcement of my of the provisions of this m-title.
(b) All rules md regulations est~biished by the board shall require approval by the city council
before such rules have force ~d effect.
, (c) Any contractor who possesses a valid md active ceaificate of compeSe~nc'y issued by 1nd. inn
River County, Florida, as of.~uly [0, 199i, shall be entitled to have a comoarable certmcate of competenc'v
issued by thc boarcL I.n edd.ifion, :.ny floor covering contractor who possesses a valid and active cer~il~cate of
competency issued by Indian River County, Florida, on or before December 31, 199 l, shall be entitled to
have a compar=ble certi~icat¢ of competency issued by the board.
Sec- 26-174. Enforcement of arlScle-
Investigators under the direction of the director of community developmeat or Ns designee are hereby charged
with the enforcement responsibilities oft.Ns article. A~n investigator is authorized to issue ci~.tions for a_ny
violafiun under this article when, based upon personal investigation, [,he investigator has re~onable probable
grounds to believe that a violation under any provision of this a~icle has occurred, investigators shall not
have the power of physical arrest nor shall they he authorized pr.u-surer to OJs article to bear ~u-cn.s. Noth.mg
contained in t..kis article shall be construed to authorize or permit my investigator to perform mqy fl~nction or
duty ora law enforcement oflScer other than as specified in tNs :~ticle. Am i.qvestiga~or may also issue any
person a notice of henri.rig ;n lieu of a citation whereby the alleged violator would then appear before the
board in accord.anco with secrfoo 26-197(5).
Sec. 26-175. Penalties; appeals.
(a) In addition to the penaltie~ that may be imposed, md other remedies that may be available to
the City, which are provided for elsewhere i.n this section, any person who violates my provisions of Section
26-171 or commir~ coy of the acts constituting cause for disciplinary action as set for'th in Section 26-172
shaLl be guilty of a violation of the provisions of this m'zicle, md upon conviction thereof, shall be subject to
the penalties of Section 1-i0.
('b) In addition to the penalties md other removes that may he imposed elsewhere in t_kis section~
the board may issue a cea_se cod desist order to prohibit my person ~om engaging in the business of
contrmti, ng who doe~ not hold the required state-certification or local certificate o£competency for my work
being performed by hat person or Ns employes or agenks under this article.
(c) IS a state certified contractor or a contractor possessthg a certificate of compe:ency issued by
the board pursuant to ti'tis m-tide is £ound by the board, after a due process hearing, to be guil~' of IS'hud or a
willlS.~ building code violation in the city, or if the board possesses proof hat such cooer=clot, th. rough a due
52
th) Any ~ggieved pa.W, including the boa.ret, may appeal a final ad.m. in.istrative order of the
board to the ck':o.it c~m-t for the county. Such mu appeal shall not be an appeal de novo but shall be lLmited to
~.ppella.~ review of the record cre~.t.~d before the bom-d. A.n appeal shall be filed within 30 days of the
execution, of the order to be appealed.
Sec. 26-176. Savings clause..
It is the intent o£thc city that the provisions of th. is article be comsU-~ed ~s being consistent with the
i.n.hereat municipal powers of the city ~nd supplemental to, mud consistent with, the provisions of F.S. Ch. 499
(1999), ~s mmended ~-om time to time. However, it is the intent of the city to reserve the power to regulate
stat= certified contractors to the extent not inconsistent with the laws of'the state, as re'headed from time to
time.
54
Page I of 3
Andrew AIIocco
From: "McCaul, Linnie" <Linnie. McCau[@dbpr.state.fLus>
To: <aallocco@ea~hlink.net>
Sent: Tuesday, February 27, 2001 2:41 PM
Subject: FW: Question of the Secretary
Thank you once again, Mr. Allocco for your inquiry. [n my last e-mail, [
attempted to answer your inquiry based on the contents of Florida Statutes
Chapter 489, Pan I paragraph 489.111 and Florida administrative Code (FAC),
Chapter 61G4, paragraph 61G4.15.005.
Although your e-mails address the practice of construction, one speaks of
requirements for examination, while the other requested an application to
qualify an Additional Business.
Because your question pertains to a local authority's policies & procedures,
I do not believe it is appropriate for this agency to speak for your local
jurisdiction. As I explained in my earlier e-mail, the slate does not
require an applicant for State Certification examination to disclose
information regarding his/her financial net worth. However, such disclosure
is an integral part of the application for Iicensure process.
Examination for Certification and application for licensure are two separate
and distinctly different processes. Your application to qualify an
additional entity is a licensure application and therefore we must follow
the guidelines of FAC Chapter 61G4, paragraph 61G4-15.005.
Florida Statute, Chapter 489, Part I paragraph 489.111 addresses licensure
by examination and does not include the requirement to disclose financial
net worth as a pre-requisite to sit for an examination. The examination
process must be satisfactorily completed before proceeding on to the
licensing process.
FAC 61G4-15.00l addresses the qualifications for Certification. FAC
61G4-15.003 addresses the requirement for Public Liability Insurance, while
FAC 61G4-15.005 outlines the requirements for both Certification and
Registration. It is this paragraph within the Administrative code which
stipulates the financial net worth requirements to be licensed to engage in
construction work anywhere within the state of Florida. The specific rule
you are looking for I believe is contained in FAC 61G4-15.006, which states
·.. "(1) for the purposes of this rule, the phrase "Financial
Responsibility" is defined as the ability to safeguard that the public will
not sustain economic loss resulting from the contractor's inability to pay
his lawful obligations."
As Florida Statutes Chapter 489, Part I, paragraphs 489.113 (1) & (2)
mandate, although an applicant is licensed as a contractor by the City of
Sebastian and has been issued an Occupational License, he or she must also
be either Florida State Certified contractor or a Florida Slate Registered
contractor - or be in violation of Florida Statutes. The requirement to
disclose Financial Net Worth as a pre-requisite to sit for a competency
examination, and as a pre-requisite for licensure, is duplicative and places
an unnecessary burden on the applicant. However, requiring an applicant for
licensure (whether Certified or Registered) is intended to ensure that
he/she has sufficient funds to prevent potential harm to consumers.
..... Original Message
3/13/2001
Page 2 of 3
From: Andrew Allocco [mailto:aallocco~earthlink.net]
Sent: Tuesday, February 27, 2001 12:48 PM
To: M¢Canl, Linnie
Subject: Re: Question of the Secretary
Thank you for your reply BUT I am a little confused:
Under separate email I asked for a form to qualify an additional entity.
The form cover DBPR/CILB/020-(Rev.09/00) states that a financial report will
be required and if the entity being qualified is less than 6 months old,
then reports on the owners are required.
I had stated in my original letter (below) that our city attorney has forbid
our (Construction Board) from asking for credit information. Should my
question to you be as follows: "Are credit reports (to determine the
financial soundness of an entity) be checked prior to the issuance ora
Contractor License fi'om a municipality; rather than prior to the applicant
qualifying for and taking an Experior exam".
I would appreciate your quoting the actual Florida Statute, CILB Rule or
other written documentation that explains my question.
Thank you,
Andrew Allocco, P.E.
..... Original Message .....
From: "McCaul, Linnie" <Lin~aie. McCaul(~dbpr.stato.fl.us>
To: <AAtlocco~.eartlalink .ne t>
Sent: Friday, February 23, 2001 11:10 AM
Subject: Re: Question of the Secretary
> Thank you for your inquiry and your concern for the People of Florida, Mr.
> Allocco. The Secretary has asked me to respond to your concerns and
> you that we are working with you to protect all Floridians.
> Florida's Construction Industry Licensing Board does not require any
> financial disclosure ~ a pre-requisite for an applicant to sit for a
S rate
> Certified contractor examination. Therefore, I am inclined to agree with
> the City of Sebastian's attorney that verification of an applicant's
> financial details fully, should not be a requirement for taking a local
> building authority's license examination.
> As you are aware, satisfactory completion of any local jurisdiction's
> competency examination and even obtaining an occupational license, by
> themselves, do not satisf'j the requirements for engaging in contracting on
> either a local or state-wide basis, as set forth in Florida Statutes Chapt
> 489, Part 1, paragraphs 113 (1) & (2).
> All contractors whether State Certified or State Registered (and
> Statutorily, they must meet one of those two criteria), must first meet
> financial net worth requirements outlined in Florida Administrative Code
> (FAC) Chapter 61G4, paragraph 61G4-15.005.
> If all jurisdictions throughout FIorida, will require that all contractors
> pulling permits and engaging in construction business are properly
> registered with or certified by the state, the potential for financial
harm
> to the residents of this great state will be kept to a minimum.
> .... Original Message .....
> From: Andrew Allocco [mailto:AAllocco~earthlink.net]
> Sent: Thursday, February 22, 2001 12:35 PM
3/13/2001
?age 3 olr 3
> To: debra.forbess~dbpr state.fi.us
> Subject: Question for the Secretary
>
> Dear Ms. Binkley-Seyer,
> I am a member of the Construction Board of the City of Sebastian, Florida.
>
> I personally hold numerous licenses in Florida including PE, CGC, CMC,
CCC,
> CPC & EC.
>
> The City of Sebastian Attorney has directed our licensing board to
eliminate
> the checking of f'mancial details totally for any new applicants who apply
> for and appear before our board prior to taking the Exper/or license
> In other words he has forbid our asking for credit reports as we have in
the
> past.
>
> I take the position that it is our duty to check the financial details of
> all applicants prior to approval for exams. I feel that anyone taking the
> Experior exam would be allowed to obtain state certified status after a
> period of time as outlined in statute.
>
> I would appreciate a formal letter setting forth what is appropriate.
>
> Thanking you in advance for your cooperation in this matter, I remain.
>
> Very truly yours,
> Andrew Allocco, P.E.
> P.O. Box 780098
> Sebastian, FL 32978
> (561) 388-3188
> PE 39381
> CGC 010724
> CMC 011653
> CCC 012378
> CPC 016138
> EC 525
3/13/2001