Sec. 18-68. - Requirement of license.
Sec. 18-69. - Identification of vehicles.
Sec. 18-70. - Requirements to apply for and/or obtain a certificate of competency from Pasco County.
Sec. 18-71. - Decisions on applications.
Sec. 18-72. - Qualifying agent for business organization.
Sec. 18-73. - Voluntary inactive certificate.
Sec. 18-74. - Involuntary inactive certificates, deleted certificates.
Sec. 18-75. - Certificate renewal and expiration.
Sec. 18-76. - Grandfathered certificates.
Sec. 18-77. - Certificate holder's privileges and responsibilities.
Sec. 18-78. - Suspension of permitting privileges.
Sec. 18-79. - Timely start of work.
Sec. 18-82. - Basis for discipline.
Sec. 18-84. - Disciplinary penalties for locally licensed and state registered contractors.
Sec. 18-85. - Disciplinary penalties for state certified contractors.
Sec. 18-86. - Creation of Pasco County Construction Board.
Sec. 18-87. - Disciplinary and quasi-judicial proceedings.
Secs. 18-88—18-97. - Reserved.
This article applies to any contractor performing work or contracting to perform work within unincorporated Pasco County. The provisions of this article constitute a supplement to the state regulations regarding the construction industry.
(Ord. No. 07-20, § 1, 9-11-07)
The provisions of this article do not apply to persons exempt from licensure as described in F.S. § 489.103.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-68. - Requirement of license.
All contractors performing work or contracting to perform work in Pasco County must hold an appropriate license. All persons performing the functions or activities of a contractor must hold an appropriate license. An appropriate license will include all activities performed by that person within the scope of the license held. Only the following persons may legally contract for business and/or perform contracting and/or act as a contractor in Pasco County:
(1)
State certified contractors holding an active state certificate of competency, who has recorded his or her license with Pasco County's contractor licensing section.
(2)
State registered contractors holding an active state registration and Pasco County certificate of competency.
(3)
Locally licensed contractors holding an active Pasco County certificate of competency. Locally licensed contractors holding an active Pasco County certificate of competency in the following areas must also register with the State of Florida Department of Business and Professional Regulation: aluminum contractors; sign contractors, electrical; solar energy contractors; and drywall contractors.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-69. - Identification of vehicles.
It shall be unlawful for any person to use any vehicle for contracting, or in aid of contracting, or if he or she is a licensed contractor, unless the vehicle is marked on both sides with the name and registration number of the license holder. The lettering shall be in letters of not less than 1½ inches in height, in a color sharply contrasting with the background thereof.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-70. - Requirements to apply for and/or obtain a certificate of competency from Pasco County.
(1)
Application. All applicants for a certificate of competency must provide a completed notarized application, in a form to be determined by the building official, with the required application fee which is set by the board of county commissioners by resolution. The application form will include, but is not limited to:
(a)
Proof of experience in the trade or category for which an applicant seeks to perform contracting. The experience must be equivalent in quantity to four years' active, full-time undertaking in the trade or category, and must be capable of independent verification by the building official. Proof of education or classroom experience can be used to verify up to one-quarter (25 percent) of the requisite experience.
(b)
Proof of good moral character. Pasco County will require an applicant to provide information on his or her history of arrest, if any, and to pay a fee and sign consent forms for a criminal background history. Good moral character refers to personal history of honesty, fairness and respect for the rights of others and the laws of the county and state. The building official may refuse to issue a certificate if competency for failure to satisfy the requirement of good moral character only if:
1.
There is a substantial connection between the lack of an applicant's good moral character and the contractor's professional responsibilities;
2.
The building official finds the lack of good moral character is supported by clear and convincing evidence. If an applicant is denied a certificate of competency based upon the lack of good moral character, the building official must furnish the applicant with a statement containing the building official's findings, a copy of the determining evidence and notice of the right to appeal.
(c)
Proof of financial stability. Pasco County will require a financial statement and will require the applicant to pay a fee and sign consent forms for a credit report from a nationally recognized credit agency that (a) obtains credit information both within and outside the State of Florida, (b) validates, updates, and maintains the accuracy of credit information obtained, and (c) obtains credit reports from at least two credit bureaus. Any applicant who has a history of bankruptcy may be required to provide a creditor matrix and proof of final discharge or judgment. Any applicant who has had a lien or a court judgment against him or her may be required to provide a copy of the petition, judgment, lien, and proof of satisfaction or current repayment plan. Financial stability refers to the ability to safeguard the public from economic loss resulting from a contractor's inability to pay his lawful obligations under the contract. The grounds upon which the building official may deny a certificate of competency for lack of proof as to financial stability include the following:
1.
Failure to submit the required credit reports, creditor matrix, judgments, lien information, or other information requested by the building official.
2.
Failure to answer the application questions truthfully and completely.
3.
Evidence that the applicant has filed voluntary or involuntary bankruptcy within the five years preceding the application resulting in a loss to consumers or creditors with whom the applicant conducted business as a contractor.
4.
The existence, within the ten years preceding the application, of an unsatisfied court judgment rendered against the applicant based upon the applicant's failure to pay just obligations to parties with whom the applicant conducted business as a contractor.
5.
An unfavorable credit report or history as indicated by any of the documents submitted.
6.
A determination by the building official that the applicant lacks the financial stability necessary to assure compliance with the standard set forth in this section. As guidelines for the determination of financial responsibility the building official will consider the applicant's response to the questions set forth in the application.
7.
Failure to demonstrate a minimum net worth of $20,000.00, except that the following contractors must demonstrate a minimum net worth of $10,000.00: concrete contractor, masonry contractor, carpentry contractor; sign contractor, nonelectrical; irrigation sprinkler contractor; tile and marble contractor; finish carpentry contractor; aluminum specialty contractor; plastering and stucco contractor; glass and glazing contractor; hurricane protection contractor; garage door contractor; and painting contractor.
(2)
Exam. Any applicant for a certificate of competency whose application has been approved by the building official must take and pass an appropriate exam in the category for which an applicant seeks to perform contracting. If a question arises as to which exam is appropriate, the building official will make the final determination, which determination may be appealed to the Pasco County Licensing Board. A passing exam grade is 70 percent or better. Exam administration and procedure, and the agency chosen to devise, administer, and grade the exam within the sole discretion of the building official. In lieu of an exam, Pasco County will accept a score of 70 percent or better on an appropriate exam in the category for which the applicant seek to perform contracting, which was previously administered in another jurisdiction. If a question arises as to whether an exam from another county is appropriate, the building official will make the final determination, which determination may be appealed to the Pasco County Licensing Board. The building official may waive the requirements of an examination under the following circumstances:
(a)
The certificate of competency is for one of the following categories: concrete contractor; masonry contractor; carpentry contractor; sign contractor, nonelectrical; irrigation sprinkler contractor; tile and marble contractor; finish carpentry contractor; aluminum specialty contractor; plastering and stucco contractor; glass and glazing contractor; hurricane protection contractor; garage door contractor; marine contractor; painting contractor.
(b)
The building official determines that an examination is not necessary to determine the applicant's competency to perform contracting in the category for which licensure is sought, due to the applicant's longevity in the trade, demonstrated knowledge, ability to answer oral queries concerning the requirement of the trade, or demonstrated proficiency in the appropriate category.
The refusal of the building official to waive the examination requirements may be appealed to the Pasco County Construction Board.
(3)
Provision of proof of required insurance, bond. All applicants must provide a current certificate of insurance covering the applicant's business, showing the applicant as the license holder, and showing Pasco County as the certificate holder. All applicants must show proof of compliance with the State of Florida's workers' compensation requirements. Acceptable proof of insurance consists of a certificate from the insuring company indicating:
(a)
The name, address and phone number of the insuring company and the insurance agent.
(b)
The name and address of the insured. All insurance policies must reflect the exact name of the entity qualified by the applicant.
(c)
The insurance policy number.
(d)
The effective dates of the insurance policy. All contractors holding an active certificate of competency must maintain current insurance.
(e)
The coverage amount is at least $50,000.00 per person/$100,000.00 per incident for liability and $5,000.00 per incident for property damage.
(f)
Pasco County, as certificate holder, will receive a written notice 30 days prior to cancellation.
(g)
The certificate must be prepared by a bona fide insurance agent.
Acceptable proof of workers' compensation insurance consists of a certificate from the division of employment and workers' compensation indicating compliance with F.S. ch. 440. Workers' compensation insurance or an appropriate exemption must be in effect at all times the contractor maintains an active certificate of competency.
(4)
Payment of fees. All applicants must pay the fee set by the board of county commissioners for issuance of a certificate of competency.
(5)
Provision of proof of state registration where required. All applicants must provide proof of state registration of the Pasco County certificate of competency when required.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-71. - Decisions on applications.
The building official will review and make a determination upon submitted applications. A determination by the building official to grant or deny an application may be appealed to the Pasco County Construction Board. It is the responsibility of the person appealing to the board to be present or represented at this appeal hearing in order to address any questions or concerns the board may have after reviewing the application and hearing evidence from the building official. Failure of the applicant to appear at this hearing is grounds for denial of an appeal, regardless of its merits. Notice of the date of appeal hearings sent by regular U.S. mail, whether or not actually received by the person appealing the decision, is sufficient to satisfy the notice requirements.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-72. - Qualifying agent for business organization.
If an applicant proposes to or does engage in contracting as a business organization, or in any name other than the applicant's legal name (or a fictitious name where the applicant is doing business as a sole proprietorship), the following requirements apply:
(a)
The business organization must apply for and obtain a certificate of competency through a qualifying agent.
(b)
The application for the qualifying agent must include an affidavit attesting that the applicant has final approval authority for all construction work performed in the county and final approval authority on all business matters, including contracts, specifications, checks, drafts or payments, regardless of the form of payment, made by the entity.
(c)
No person can act as the qualifying agent for more one business entity without the approval of the building official, who will determine through review of the person's finances, verifiable professional history, and other relevant factors, whether the public's interest may be harmed by the person acting as the agent for more than one entity. This determination may be appealed to the Pasco County Construction Board.
(d)
Change in affiliation. When a contractor acting as qualifying agent for a business entity ceases affiliation with the business entity, he must notify the building official immediately. If this qualifying agent is the only licensed individual affiliated with the business entity, then the business entity must employ another qualifying agent within 60 days after the qualifying agent terminates the affiliation. Under no circumstances can a business entity contract without a qualifying agent. A qualifying agent is not responsible for a predecessor's actions, but is responsible, even after a change in status, for matters that occurred while he was acting as qualifying agent.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-73. - Voluntary inactive certificate.
A voluntary inactive certificate allows a contractor to maintain a county license while relinquishing the right to contract or pull Pasco County permits during the period the certificate is on voluntary inactive status. An active certificate becomes a voluntary inactive certificate in accordance with the following: The applicant files a written request with the building official to place his active certificate on voluntary inactive status and pays the requisite annual fees to maintain inactive status. Failure to pay the biannual inactive certificate fees will void the certificate, and will result in deletion of the certificate. A voluntary inactive certificate can be made active at any time, but the license holder must pay the required fees for an active certificate, which will not be offset or reduced by the fee paid for the voluntary inactive certificate. A voluntary inactive certificate must be made active within ten years or it will be deleted, and the applicant must reapply and fulfill all application requirements, including testing where applicable.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-74. - Involuntary inactive certificates, deleted certificates.
Certificates may be placed on involuntary inactive status or deleted as follows:
(a)
Any certificate not renewed by September 30 of the biannual renewal year, or any voluntary inactive certificate for which required fees are not paid, will automatically be deleted and rendered void. The certificate may be restored if the applicant pays the required fees imposed by the board of county commissioners within two years of the certificate deletion. Certificates not restored within two years of deletion may not be restored, and the applicant must reapply and fulfill all application requirements, including testing where applicable.
(b)
If the building official receives notice that the license holder is not maintaining valid public liability insurance or workers' compensation insurance, the certificate will be placed on involuntary inactive status. The building official will maintain the certificate on involuntary inactive status until the certificate is due for renewal. If the contractor does not reactivate the certificate by complying with insurance requirements or place the certificate on voluntary inactive status at or before the time of renewal, the certificate will be deleted and rendered void. The certificate may be restored if the applicant pays the required fees imposed by the board of county commissioners and shows the required valid public liability insurance or workers' compensation insurance within two years of the certificate deletion. Certificates not restored within two years of deletion may not be restored, and the applicant must reapply and fulfill all application requirements, including testing where applicable.
(c)
If a license holder fails to comply with any disciplinary order rendered by the Pasco County Construction Board within the applicable timeframe, the certificate will be deleted. Certificates deleted for failure to comply with a disciplinary order may not be restored, and the applicant must reapply and fulfill all application requirements, including testing where applicable.
(d)
If the building official determines that the license holder has violated federal, state, or local laws, rules, regulations, or policies, and that the public health, safety, or welfare will be served, the certificate may be placed on involuntary inactive status during the investigation of or pendency of any disciplinary action. The building official shall notify the license holder of the change in his or her license status, and any action required in order to restore the certificate to active status.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-75. - Certificate renewal and expiration.
Certificates are valid for a period of two years running from October 1 through September 30. Certificates must be renewed biannually. It is the contractor's responsibility to seek renewal. The county is not obligated to furnish the contractor with a reminder notice that renewal is necessary. It is the contractor's responsibility to insure that the mailed renewal, including all necessary documents, reaches Pasco County postmarked prior to October 1. The county is not responsible for the consequences of lost mail, renewal applications postmarked after the expiration date, or incomplete applications. Applications postmarked after October 1 will require payment of the late fee established by the board of county commissioners.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-76. - Grandfathered certificates.
If the application requirements, exam requirements, or scope of work associated with a local certificate of competency change, those licensees who hold a valid Pasco County certificate of competency at the time of the change, and who maintain the certificate without the certificate becoming an involuntary inactive or deleted certificate, will not be required to fulfill additional requirements to maintain the local certificate of competency.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-77. - Certificate holder's privileges and responsibilities.
A Pasco County certificate of competency provides a certificate holder with the following privileges and responsibilities.
(a)
A certificate holder or an employee of the certificate holder can contract only in the name of the business entity or individual indicated on the certificate. The contractor licensing department will issue a certificate approved by the building official to the individual or entity indicated on the application reviewed by the building official. An individual certificate holder named on the certificate must qualify any company for which he or she is engaging in contracting.
(b)
The certificate holder must notify the county as to any change in business status.
(c)
A certificate holder may advertise his or her services or the services available through the business entity. All offers for service, contracts, business proposals or advertisements, regardless of the medium used, must include the certificate holder's Pasco County certificate of competency number, state registration number or state certificate number. This requirement does not extend to business stationary, promotional novelties or articles of clothing.
(d)
Vehicles must be marked as required by this code.
(e)
A certificate holder can contract for and perform work in the area covered by the certificate of competency.
(f)
A certificate holder is responsible for the action of his employees and must supervise employees or individuals working under his certificate.
(g)
A certificate holder must assure that bills are paid and work is done on time and in accordance with the contract and all applicable codes and regulations.
(h)
A certificate holder must renew his certificate biannually by paying the required fees, or pay the fees to place the certificate on voluntary inactive status.
(i)
An active certificate holder must maintain current public liability insurance in accordance with this article.
(j)
An active certificate holder must maintain current workers' compensation insurance in accordance with this article.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-78. - Suspension of permitting privileges.
A contractor's permitting privileges may be suspended upon the following events:
(a)
A permit issued under the authority of the contractor's license reaches the statute of limitations (180 days) with no required inspection.
(b)
The building official determines a permit issued under the authority of the contractor's license was issued improperly and requires further information or requires immediate action on the part of the contractor.
(c)
The contractor owes Pasco County money, for red tags/reinspection fees, impact fees, fines, or any other monetary obligation.
(d)
The contractor is under indictment or has been arrested for a criminal act with a substantial connection to or which bears on his ability to responsibly conduct business as a contractor.
(e)
The contractor has failed to pay a fine or civil judgment related to the practice of the contractor's profession or trade.
Pasco County will mail, via regular mail, to the home and business address provided by the contractor to the contractor licensing section of the building inspection division, a notice stating the effective date of the suspension, the reason for the suspension, the actions necessary for the contractor to obtain a reinstatement of his permitting privileges, and a notice of the contractor's right to appeal the decision to the Pasco County Construction Board. Suspensions that are appealed to the board will be abated until heard by the board. Appeals must be in writing and accompanied by the fee, set by the resolution of the Pasco County Board of County Commissioners, required for the Pasco County Construction Board to hear the appeal.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-79. - Timely start of work.
All contractors, whether properly licensed or not, who receive money, as an initial payment, totaling more than ten percent of the contract price for repair, restoration, improvement or construction to residential real property must:
(a)
Submit a complete and correct application for permits necessary to do the work within 30 days after the date the payment is made except where the work does not require a permit under the applicable codes regulations; and
(b)
Start work within 90 days after the date all necessary permits for work are issued, unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits or start the work or to longer periods for both, or unless the person who made the payment or his or her agent did not cancel the contract or otherwise stop the work from being performed.
(Ord. No. 07-20, § 1, 9-11-07)
Any applicant or license holder may appeal the building official's determinations concerning licensing to the Pasco County Construction Board by filing a request for an appeal within 30 days of the decision complained of and upon payment of the required appeal fee.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-82. - Basis for discipline.
The following may serve as a basis for discipline against any licensed contractor:
(a)
Any violation of the Pasco County Code of Ordinances or Land Development Code.
(b)
Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime, citation, or civil or administrative action in any jurisdiction that directly relates to the practice of contracting or the ability to practice contracting, or the technical codes or permitting requirements.
(c)
Being disciplined by any municipality, county or state for an act or violation of regulations similar to those contained in this article or F.S. ch. 489.
(d)
Failing in any material respect to comply with the provisions of this article or violating a rule or lawful order of the Pasco County Construction Board.
(e)
Failing in any material respect to comply with the provisions of F.S. ch. 489 or violating a rule or lawful order of the construction industry licensing board.
(f)
Failing to satisfy within a reasonable time, the terms of a civil judgment obtained against a licensee, or the business organization qualified by the licensee, or to pay a fine or to timely satisfy a court order relating to the practice of the licensee's profession.
(g)
Failing to keep in full force and effect the required workers' compensation and/or liability insurance.
(h)
Subcontracting to an unlicensed person.
(i)
Any violation of section 18-83
(Ord. No. 07-20, § 1, 9-11-07)
The following acts by any person are prohibited:
(a)
Obtaining a license or building permit by fraud or misrepresentation.
(b)
Violating the applicable building codes or laws of the State of Florida or any municipality or county in the state.
(c)
Performing any act that assists a person or entity in engaging in the unlicensed practice of contracting, if the person knows or should have known, or has reasonable grounds to know that the person or entity is not duly licensed, including recommending an unlicensed person to perform work, or displaying or supplying a consumer with a business card advertising services for which the person is not licensed or does not hold a competency card.
(d)
Allowing an unlicensed person to use a license, including a license holder with a license in his or her name who allows a business organization to use his or her license in aid of contracting, without active and substantial participation in the operations, management, or control of the business organizations by the license holder.
(e)
Entering into an agreement, oral or written, that allows an unlicensed person or business entity to use a license for a fee or where the licensed contractor will not actively and substantially take part in the daily business activity of the entity using his certificate.
(f)
Contracting as a business entity or in a name other than that indicated on the license. A change in the business name that is not reported in accordance with applicable regulations is not a valid defense to this violation.
(g)
Committing mismanagement or misconduct in the practice of contracting, including mismanagement or misconduct that causes financial harm to a consumer. Prima facie evidence of financial mismanagement or misconduct exists when valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or bond, within 75 days after the date the liens are filed in the public records.
(h)
Failing to timely start work as required by section 18-79
(i)
Abandoning a construction project. A project may be presumed abandoned after 90 days if the contractor, or person acting as the contractor, or his agent, terminates the project without just cause, fails to give the owner a proper notice explaining the reason for termination, or fails to perform work without just cause for 90 consecutive days.
(j)
Signing a statement with respect to a project or contract that falsely indicates the work is bonded; that payment has been made for all subcontracted work, labor, and materials; or that workers' compensation or public liability insurance is in effect.
(k)
Committing fraud or deceit in the practice of contracting. An inference of the intent to defraud occurs upon proof of the following:
(1)
A contractor, or person acting as the contractor, or his agent, received money for the repair, restoration, addition, improvement or construction of residential real property; and
(2)
The amount received exceeds the value of the work performed by the contractor; and
(3)
The contractor failed to perform any of the work for which he contracted during any 60-day period; and
(4)
The failure to perform any such work during the 60-day period was not related to the owner's termination of the contract or material breach of the contract by the owner; and
(5)
The contractor's failure to perform the contracted work continued for an additional 30-day period after the property owner or county mailed a certified letter to the contractor stating that:
a.
The contractor failed to perform any work for a 60-day period; and
b.
That the failure was not due to a material breach or termination of the contract by the owner; and
c.
That the contractor must recommence construction within 30 days of the date the letter was mailed.
(l)
Committing incompetency or misconduct in the practice of contracting.
(m)
Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property.
(n)
Proceeding on any job without obtaining the required building permits and inspections.
(o)
Failing to obtain required inspections and/or to obtain inspections timely.
(p)
Failing to provide to Pasco County documents required by a permit, or upon which a permit is conditioned.
(q)
Failing to immediately notify a consumer for whom work is being performed, by registered or certified mail, of any failed inspection if that inspection is not corrected and subsequently passed within 30 days of the original failed inspection.
(r)
Failing to provide, upon written request by the consumer in privity with the person performing or contracting or bidding for a construction project, a copy of the contract, permit documents, permit, plans, invoices, payment information, certificate of occupancy, or any other document associated with a construction project or bid.
(s)
Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to the owner or contractor regarding the intent to seek a lien on the subject property.
(t)
Subcontracting to an unlicensed contractor.
(u)
Engaging in the act of contracting, as defined in this article, in Pasco County without the being licensed as required by this article, or without holding the appropriate license, certificate, registration, or certificate of competency.
(v)
Holding oneself out as being a certified, licensed, or registered contractor when not so certified, licensed, or registered. It is specifically forbidden for a person to represent oneself as "licensed" on the grounds that one holds only a business tax certificate issued by the Pasco County Tax Collector but does not otherwise possess the required license or certificate of competency pursuant to state law or this chapter;
(w)
Advertise to the public in any publication, transmission, business card, pamphlet, telephone directory or otherwise that one is a contractor qualified to engage in business as a contractor or that one will perform work in a trade without possessing the required licenses pursuant to state law or this article.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-84. - Disciplinary penalties for locally licensed and state registered contractors.
One or a combination of the following penalties can be imposed against a locally licensed or state registered contractor by the board as part of the disciplinary process.
(1)
Probation.
(2)
Restitution.
(3)
Reprimand.
(4)
Suspension, of license or permitting privileges, or both.
(5)
Revocation of the license.
(6)
Fine of up to $5,000.00.
(7)
Assessment of legal and investigation costs incurred by the county to prosecute the case before the board.
(8)
An order requiring the contractor to come into compliance with county ordinance and/or state law, or the technical codes, for a specified violation.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-85. - Disciplinary penalties for state certified contractors.
One or a combination of the following penalties can be imposed against a state certified contractor by the board as part of the disciplinary process:
(1)
Suspension of Pasco County permitting privileges.
(2)
Recommendation to the construction industry licensing board for further action that may be taken based upon evidence obtained through the local disciplinary process indicating a violation of state law or the technical codes.
(Ord. No. 07-20, § 1, 9-11-07)
Sec. 18-86. - Creation of Pasco County Construction Board.
The construction code enforcement board and the contractor's licensing board of adjustments and appeals are hereby abolished and merged into a new administrative board known as the Pasco County Construction Board.
(a)
Establishment. This article establishes the Pasco County Construction Board. The purpose of this board is to:
(1)
Hear appeals from the building official's denial of Pasco County certificates of competency;
(2)
Hear and decide complaints brought by Pasco County against locally licensed and state registered contractors for violations of this article, state law, technical codes, and to impose discipline;
(3)
Hear and decide complaints against state certified contractors in accordance with state law and make recommendations to the construction industry licensing board regarding local complaints against state certified contractors and/or to suspend local permitting privileges;
(4)
Hear appeals from the building official's decision to suspend a contractor's permitting privileges;
(5)
Hear appeals of locally licensed or state-registered contractors accused of failing to correct material building code violations pursuant to F.S. § 553.781;
(6)
Hear appeals from an owner or permit applicant concerning the decision of the central permitting manager or building official to require a building permit, deny a variance request, deny a building permit, or to pass or fail an inspection. However, appeals from the denial of a building permit based on the flood damage prevention ordinance (chapter 700 of the Land Development Code) may be required to be appealed to the BOCC pursuant to section 317 of the Land Development Code, as determined by the development review director;
(7)
Act in a quasi-judicial capacity to hear administrative complaints brought by the county against persons who have engaged in, permitted, or maintained construction or structures on their properties without required building permits or in violation of chapter 700 of the Land Development Code;
(8)
Act in a quasi-judicial capacity to hear administrative complaints against persons who have caused, allowed, or maintained violations of the minimum housing standards on their properties;
(9)
Review and recommend changes to the board of county commissioners concerning the scope or existence or creation of specialty licensing categories, for which certificates of competency are given;
(10)
Hear and determine matters that may arise concerning the orders or business of the construction code enforcement board or contractor's licensing board of adjustment and appeals;
(11)
Act in a quasi-judicial capacity to hear administrative complaints against persons who have allegedly violated the provisions of the Land Development Code concerning flood damage prevention.
(12)
Hear appeals as the countywide compliance review board, pursuant to F.S. § 553.73(4), in regard to adopted local technical amendments to the Florida Building Code.
(b)
Appointment and membership. The board of county commissioners will appoint ten members to the construction board, including: one general contractor, one general or residential contractor, one aluminum contractor, one roofing contractor, one air conditioning or mechanical contractor, one electrical contractor, one plumbing contractor, and at least three consumer representatives as required by F.S. § 489.131(10).
(c)
Qualifications.
(1)
Each member (except consumer representatives) must:
a.
Hold a state or local license; and
b.
Be actively engaged in the construction business; and
c.
Have five consecutive years of contracting experience prior to appointment; and
d.
Be a resident of, or regularly-conduct business in, Pasco County and be at least 18 years of age.
(2)
Consumer representatives must:
a.
Be a resident of, or regularly conduct business in, Pasco County; and
b.
Be at least 18 years of age; and
c.
Not be, either currently or in the past, a member or practitioner of a profession regulated by the board or a member of any closely related profession.
(d)
Term. The membership term is three years. A vacancy on the board may be filled for the unexpired term in the same manner as the original appointment. The Pasco County Construction Licensing Board Of Adjustments and Appeals as currently comprised in accordance with Pasco County Code of Ordinances chapter 18, will automatically become the Pasco County Construction Board established under this article, with terms of office likewise being carried forward. The absence of any member from three consecutive meetings may be construed as a voluntary resignation and a new member may be appointed to fill the vacancy.
(e)
Quorum. Five members of the board will constitute a quorum. Any action taken with respect to any business will require an affirmative vote of the majority of the members present. A board member may not act in any case in which the member has a personal financial or economic interest in the subject matter of the board's business, or an ongoing, present, or likely future business relationship with a party before the board. Contracts with Pasco County will not be considered a basis for recusal. Members must vote in all other matters before the board.
(f)
Rules of procedure for board hearings.
(1)
A hearing date before the board will be set within 180 days after the service of an administrative complaint or a request for a hearing, unless a different date is agreed to by the county and the subject of the complaint or person requesting board action.
(2)
The chairman has the discretion to delay or continue any board hearing for good cause. A written request for continuance must be delivered to the board's secretary at least 24 hours prior to the start of the scheduled hearing and it must state the specific reasons for the request, unless the reason for the continuance arises during the course of the hearing.
(3)
During hearings all parties will have an opportunity to present evidence and argument, to conduct cross-examination, and submit rebuttal evidence, subject to any time limitations imposed by the board's chairman.
(4)
At the discretion of the board, the general public or nonparty witnesses will have an opportunity to present oral testimony or written communications. If this evidence is considered by the board, the opposing party will be given the opportunity to cross examine, challenge or rebut it.
(5)
All testimony must be under oath, or notarized if it is a written statement.
(6)
The standard of proof applicable to disciplinary hearings is "clear and convincing evidence." [Florida case law indicates that "clear and convincing evidence" requires that the evidence must be found to be credible; the facts to which the witnesses testify must be distinctly remembered; the testimony must be precise and explicit and the witnesses must be lacking in confusion as to the facts in issue. The evidence must be of such weight that it produced in the mind of the trier of fact a firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be established.] In all other quasi-judicial matters, the county must prove the violation by a lesser standard of "preponderance of the evidence."
(7)
Irrelevant, immaterial or unduly repetitious evidence may be excluded, but all other evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs will be admissible, whether or not the evidence would be admissible in civil court. Any part of the evidence may be received in written form.
(8)
Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but will not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.
(9)
Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available. Upon request, parties will be given an opportunity to compare the copy with the original.
(10)
All pleadings, motions or other papers filed in the proceedings must be signed by a party, the party's attorney or the party's qualified representative.
(11)
Upon a party's request, the board chairman can issue a subpoena for hearing. Any person subject to a subpoena may, before compliance and on a timely petition, request the board to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonable in scope, or requires the production of irrelevant material.
(12)
At the conclusion of the hearing the board will render an oral decision, which shall be reduced to written form and signed by the chairman within 60 days of the conclusion of the hearing. The written decision of the board is the final order for the purposes of appeal to the courts.
(13)
All meetings will be conducted in accordance with Robert's Rules of Order.
(g)
Scheduled meetings. The board will meet at least quarterly.
(h)
Record of proceedings. The building official or his designee will act as an ex officio secretary of the board. The clerk of the circuit court or his designee will keep minutes of all meetings. An audio recording of the meeting will constitute the official record of the proceedings for appeal purposes. Any person desiring to appeal a decision of the board may require a transcript of the proceedings. The cost of transcription shall be established by the clerk and is the responsibility of the requesting party. The record of the board's proceedings will consist of the following:
(1)
All complaints, notices, pleadings, motions and orders.
(2)
All evidence received or considered by the board.
(3)
All staff memoranda or data submitted to the board during the hearing or prior to its disposition except communications by advisory staff.
(4)
All matters placed on the record after ex parte communication.
(5)
The official transcript. The official transcript is the audio recording made during the hearing.
(i)
Ex parte communications.
(1)
Ex parte communication is prohibited. No ex parte communication relative to the merits of a case under board jurisdiction may be made to a member of the board by:
a.
Any county employee officially involved in prosecuting the matter under consideration.
b.
A party to the proceeding, including an authorized representative or counsel, or any person who, directly or indirectly, would have a substantial interest in the proposed action.
(2)
A board member who is involved in the decision process that receives an ex parte communication must place on the record of the proceedings all written communication received or a memorandum stating the substance of all oral communications received and all oral responses made, and must also advise all parties that these matters have been placed on the record. Any party desiring to rebut the ex parte communication must be allowed to do so. A request for rebuttal must be made within ten days after notice of the communication is received. The board member may withdraw from participation in the decision if he deems it necessary to eliminate the effect of the ex parte communication.
(j)
Rehearings. Any person who is the subject of a board order, or the county, may request in writing that the board reexamine the order based upon new evidence not available to the board at the initial hearing or appeal. The request must be made no later than 30 days after the board's written decision on the appeal, and must include a copy of or a statement setting forth the new evidence. Rehearings are granted at the board's discretion. For purposes of this section, new evidence means evidence or documentation not considered at the time of the initial hearing that will substantially add to or clarify the application.
(k)
Requests for reductions/waivers of fine/extension of time. Any person who is the subject of fines imposed by the board or who wishes to request an extension of time to comply with a board order may submit, in writing, his or her request and the reasons for the request. The county may file a written response or give an oral response to the board. The board will consider the written request, and the response if any, at the next regularly-scheduled board meeting. The request must be received by the board's secretary at least 48 hours prior to the scheduled start of the meeting. No request for extension of time or reduction/waiver of fines will be considered if the fine has been reduced to a lien. No request for a reduction/waiver of a fine will be considered if the board's order has not been complied with, or if the order was the subject of a previous extension of time, unless the county agrees to the request. Requests for waivers of/reductions in liens must be directed to the board of county commissioners.
(l)
Appeals of board's decisions. Any person who is the subject of a board order, or the county, may, if aggrieved by a decision of the board, appeal the board's decisions to the circuit court. The petition must be filed not later than 30 days after the date of the board's written order, or the board's written decision denying a motion for rehearing, whichever is later. Petitions to the circuit court will be limited to review of the evidence in the record before the board and to errors of law, but will not be a hearing de novo. The appealing party, if not the county, must provide the county attorney's office a copy of any petition filed with the circuit court.
(Ord. No. 07-20, § 1, 9-11-07; Ord. No. 09-07, § 2, 5-27-09)
Sec. 18-87. - Disciplinary and quasi-judicial proceedings.
(a)
Complaint.
(1)
The building official shall prepare an administrative complaint to initiate disciplinary or quasi-judicial proceedings before the board, and shall serve it on the subject of the complaint in accordance with section 1-12 of the Pasco County Code.
(2)
The subject of the complaint may submit a written response to the administrative complaint any time prior to 48 hours before the scheduled hearing. This response must be received by the board's secretary at least 48 hours before the scheduled start of the hearing, and will be included in any documentation presented to the board for review.
(b)
Stipulated agreements. The county and the subject of an administrative complaint may, at any time prior to the board's hearing, enter into a written agreement identifying the action that will be taken to abate the violation and the penalty for noncompliance. This agreement will become effective upon execution by the county and the subject of the administrative complaint. Once the agreement is executed, the parties are required to comply with its written terms. If a party fails to comply with the terms of the agreement, the county may seek a board order to enforce the terms of the agreement, or may seek to enforce the agreement through the courts. The contractor licensing department may retain a copy of the agreement in a contractor's file. The stipulated agreement process is not mandatory. It is intended only as a means to obtain compliance on an expedited basis.
(Ord. No. 07-20, § 1, 9-11-07)