DIVISION 3. - STANDARDS OF CONDUCT AND DISCIPLINE [39]


Sec. 22-201. - Misconduct—Collier County/city certificate of competency.

The following actions by a holder of a Collier County/City Certificate of Competency shall constitute misconduct and grounds for discipline pursuant to section 22-202:

(1)

Knowingly combining or conspiring with an unlicensed contractor by allowing one's Certificate of Competency to be used by an unlicensed contractor with intent to evade the provisions of this Ordinance. When a licensed contractor acts as the qualifying agent for any firm without first making application under this Ordinance to represent said firm, such act shall constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management, and control of such companies, such act constitutes prima facie evidence of an intent to evade the provisions of this Ordinance. Active participation requires job site supervision, knowledge of and participation in the business operations of the company(s), including all contractual matters.

a.

If any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the Board. In addition if such individual is the only certified individual affiliated with the business organization, the business organization shall notify the Board of the individual's termination and shall have no more than sixty (60) days from the date of termination of the individual's affiliation with the business organization in which to affiliate with another person certified under the provisions of this article. In any event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed.

(2)

Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board.

(3)

Abandoning a construction project in which he/she is engaged or under contract as a contractor. A project may be presumed abandoned if the contractor terminates the project without just cause, or fails to notify the owner in writing of termination of the contract and basis for same, or fails to perform work for ninety (90) consecutive days without just cause and no said notice to the owner.

(4)

Diverting funds or property received for the execution of a specific contract project or operation or diverting funds earmarked for a specified purpose to any other use whatsoever.

(5)

Departing from or disregarding in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative.

(6)

Disregards or violates, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Workers' Compensation laws of the State of Florida or ordinances of this County.

(7)

Falsifying or misrepresenting any material fact in his application and supporting papers for the purpose of obtaining a Certificate of Competency under this Ordinance.

(8)

Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct includes, but is not limited to, any of the following:

a.

The contractor fails to fulfill his/her contractual obligations to a customer because of inability, refusal or neglect to pay all creditors for material furnished or work or services performed in the operation of the business for which he/she is licensed, under any of the following circumstances:

1.

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 by bond, within 30 days after the date of such liens;

2.

The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned;

3.

The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer.

b.

The contractor's job been completed, and it is shown that the customer has incurred financial harm by having to seek a variance or other administrative remedy because of actions by the contractor.

(9)

Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the licensed contractor knows or should have known that the person or entity was unlicensed.

(10)

Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the quality and/or quantity of the unfinished or finished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue, faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto.

(11)

Failure to maintain at all times, with an insurance company authorized to do business in the State of Florida, the limits of liability and other categories of insurance as required by this Ordinance.

(12)

Failing to claim or refusing to accept certified mail directed to the contractor by the Contractors' Licensing Board, or its designee.

(13)

Failing to maintain a current mailing address.

(14)

Failing to appear in person or through a duly authorized representative at any scheduled hearing on a complaint filed against the contractor.

(15)

Being convicted or found guilty, regardless of adjudication, of a crime in Collier County which directly relates to the practice of contracting or the ability to practice contracting.

(16)

Allowing another to take a qualifying examination on the applicant's behalf.

(17)

Engaging in contracting business in Collier County or the City when prohibited from doing so by the Contractors' Licensing Board of Collier County.

(18)

Proceeding on any job without obtaining applicable permits or inspections from the City building and zoning division or the county building review and permitting department.

(19)

Failing in any material respect to comply with the provisions of this Ordinance as a contractor or as a qualifying agent for a business entity engaging in contracting.

(20)

Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or materials which results in a financial loss to the owner, purchaser, or contractor; or falsely indicating that Workers' Compensation and public liability insurance are provided.

(21)

Failure of a qualifying agent for a firm/legal business entity to comply with the requirements set forth in F.S. §§ 489.119 and 489.1195.

(22)

Falsifying or misrepresenting any material fact to another person with the intent or for the purpose of engaging in the contracting business, providing materials or services, or soliciting business for an employer, as a contractor, or as an employee, regardless of any financial consideration.

(23)

Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage.

(24)

Misconduct in the practice of contracting (see section 22-201.1, below).

(Ord. No. 90-105, § 4.1; Ord. No. 92-61, § 4; Ord. No. 94-34, § 4; Ord. No. 97-68, § 1, 10-28-97; Ord. No. 99-45, § 4.1—4.1.24, 6-8-99; Ord. No. 2002-21, §§ 1(4.1—4.1.24); Ord. No. 2006-46, §§ 4.1—4.1.24, 10-10-06)

Sec. 22-201.1 - Misconduct—State certified contractors.

The following actions by state certified contractors shall constitute misconduct and grounds for discipline pursuant to section 22-202 of this article.

(1)

Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage as required by Florida Statutes.

(2)

Willfully violating the applicable building codes or laws of the state, city or Collier County.

(3)

If the CLB finds through its public hearing process that the contractor was found by another county or municipality within the past 12 months, to have committed fraud or a willful building code violation and the CLB finds that such fraud or other willful violation would have been fraud or a willful violation if committed in Collier County or within the respective city.

(4)

Fraud.

(Ord. No. 94-34, § 4; Ord. No. 99-45, § 4.2—4.2.3, 6-8-99; Ord. No. 2002-21, §§ 1(4.2—4.2.3); Ord. No. 06-46, § 1(4.1.8.2))

Sec. 22-202. - Disciplinary proceedings, including minor violations.

(a)

There are three categories of violations: (i) violations of F.S. § 489.127(1); (ii) violations of F.S. § 489.132(1); and (iii) other violations within the jurisdiction of the contractor's licensing board.

(1)

Florida Statutes § 489.127(1), is incorporated herein. (Lack of required license, certificate, or registration). The following are designated to enforce F.S. § 487.127(1): Collier County Building Official, all license compliance officers, the chief building inspector, chief electrical inspector, chief plumbing/mechanical inspector, and/or other inspectors authorized from time-to-time by the building official. Procedures specified in this section shall apply except to the extent, if any, that F.S. § 489.127 or F.S. § 489.132, may require different procedure(s). The penalties for each uncontested violation of F.S. §§ 489.127(1) and/or 489.132(1), are $300.00 for the first uncontested violation and $500.00 for each subsequent uncontested violation by the same individual or entity. Penalties for contested violations of F.S. § 489.127(1), are as now or hereafter specified in F.S. § 489.127. Penalties for contested violations of F.S. § 489.132(1), are as now or hereafter specified in F.S. § 489.132. The citation form attached hereto as Exhibit "A" is approved, which form may be amended from time-to-time by resolution of the board of county commissioners.

(2)

Minor violations: The contractor licensing supervisor or designee shall issue a "notice of noncompliance" as the county's first response to a minor violation of any provision of any regulatory law, including this section, when (i) it is reasonable for staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how to comply with the violated provision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safety, or welfare, nor created any significant threat of any such adverse affect. The notice of noncompliance should identify the specific provision that was violated, should provide information on how to comply with that provision and should specify a reasonably time for full compliance. The notice of noncompliance shall not be accompanied with any immediate threat of any monetary fine or any other disciplinary penalty, but may specify that failure of the violator to correct the violation within the time specified in the notice for compliance may result in disciplinary proceedings. Each violation that is not a "minor" violation is a "major" violation.

(3)

Major violations. The contractor licensing supervisor, or his designee, may initiate disciplinary proceedings against a licensed contractor for major violations of this article by filing a sworn complaint with the Clerk to the Collier County Board of County Commissioners.

(4)

Failure of non-state certified individual to promptly pay penalty to county. The Collier County Building Department should not issue any permit or any other required authorization to any Collier County certified individual who then has an obligation to pay a penalty to the county imposed with finality under this article for any violation of this article (including a citation that is not contested) and that individual has not paid that penalty in full by the applicable deadline date, plus reimbursement of the county's costs, such as recording fees and court costs. An appeal of uncontested citations stays all such withholdings.

(5)

Failure of non-state certified individual to meet permit conditions. The county's building department may withhold issuance of any further permit(s) or any other authorization(s) to any individual who, or entity that, has not then complied with any condition of all county-issued permit(s) issued to that individual or entity, including every follow-up inspection or any other act then capable of being complied with, although late in time.

(6)

Withholding permit pulling privileges of state certified contractor. Before the CLB may withhold any permit pulling privilege(s) of a state certified contractor, the CLB, after public hearing, must find that the contractor violated a provision of section 22-201.1 of this article.

(b)

Any person who believes that a contractor holding a Certificate of Competency has violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or his/her designee. The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor. The complaining party shall state with particularity which section(s) of this Ordinance he or she believes has been violated by the contractor and the essential facts in support thereof.

(c)

Upon the submission of a sworn complaint, the Contractor Licensing Supervisor, or his/her designee, shall conduct a preliminary investigation and determine whether the complaint submitted warrants the filing of formal charges. If charges are warranted, the Contractor Licensing Supervisor, or his/her designee, shall file the complaint with the Clerk to the Collier County Board of County Commissioners and shall send, by certified mail, return receipt requested, a letter to the licensed contractor at his local address, or if applicable the local agent's address, as shown by the records of the Contractors' Licensing Board, enclosing a copy of the complaint and indicating:

(1)

The name of the complainant;

(2)

The date(s) of the commission of the alleged offense(s);

(3)

The section(s) of this Ordinance alleged to have been violated;

(4)

The range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said Board finds a violation of this Ordinance to have occurred;

(5)

The date, time and place at which the contractor shall appear before the Contractor's Licensing Board for a hearing regarding the complaint. The date scheduled shall not be sooner than twenty (20) days from the mailing date of the certified letter.

(d)

The notice of hearing required by this Section may, in the alternative, be accomplished by hand delivery of said notice to the contractor by the Contractor Licensing Supervisor, or his/her designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his/her family over 15 years of age and informing such person of the contents of the notice.

(e)

As an alternative to providing notice as set forth above, at the option of the Contractor Licensing Supervisor, notice may be furnished to the contractor by publication as follows:

(1)

Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50, for legal and official advertisements;

(2)

Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. Notice by publication may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or by mail as required by this Section.

(f)

Although not required to prove that notice was provided, evidence that an attempt has been made to hand deliver or mail notice as provided in this Section, together with proof of publication as provided in subsection (e) of this section, shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received such notice.

(g)

Conduct of hearing. A hearing shall be held concerning the complaint and it shall be open to the public.

(1)

The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. Any party may have a court reporter present at the hearing at his/her own expense. Neither Collier County nor the Contractors' Licensing Board shall be responsible for any failure of recording equipment during the conduct of the hearing.

(2)

Each case before the Contractors' Licensing Board shall be presented by the County Attorney, an Assistant County Attorney, or by a member of the County staff. Regarding matters under the jurisdiction of the Contractor's Licensing Board, the Building Official is authorized to issue subpoenas to the greatest extent then allowed by law, including F.S. § 162.08.

(3)

Assuming proper notice of the hearing has been provided to the contractor, or was not received notwithstanding attempts to notify the contractor, as provided for in subsection 22-202(c), a hearing may proceed in the absence of the contractor. Evidence regarding "notice" shall be received prior to receiving evidence on the merits of the case.

(4)

The Contractors' Licensing Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Contractors' Licensing Board shall hear testimony from the Contractor Licensing Supervisor, or his/her designee, from the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may be called by the respective parties.

(5)

Formal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient, by itself, to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

(6)

Any member of the Contractors' Licensing Board may question any witness before the Board. Each party to the proceedings shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness regardless of which party called the witness to testify and to rebut any evidence presented against the party.

(7)

The chairperson or, in his/her absence, the vice chairperson, shall have all powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum.

(8)

At the conclusion of the hearing, the Contractors' Licensing Board shall issue findings of fact based on evidence of record and conclusions of law; impose disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this Ordinance and Florida law. Said findings of fact, conclusions of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the Contractors' Licensing Board on the case heard before the Board.

(9)

The decision of the Contractors' Licensing Board shall be stated orally at the hearing and shall be reduced to writing and mailed to the parties within 30 days after the hearing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any related order shall be made by motion approved by a majority of the members of the Contractors' Licensing Board who are present and voting. The decision of the Board shall be effective upon being stated orally at the hearing, unless the Board orders otherwise. The decision of the Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said decision is reduced to writing.

(10)

Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by members of the Contractors' Licensing Board shall take place only at a public meeting of the Board. The Board shall thereafter issue its decision pursuant to subsections (8) and (9) of this section.

(Ord. No. 90-105, §§ 4.2.1—4.2.4; Ord. No. 92-61, § 4; Ord. No. 94-34, § 4; Ord. No. 97-68, § 1, 10-28-97; Ord. No. 99-45, § 4.3—4.3.4.11, 6-8-99; Ord. No. 02-21, § 1(4.3.1, 4.3.3), 5-14-02; Ord. No. 06-46, § 1(4.3.2))

Sec. 22-203. - Disciplinary sanctions.

(a)

Holders of Collier County or city certificates of competency. If, after hearing, the contractors' licensing board finds that there has been misconduct by a contractor, within the meaning of section 22-201, said board may, but shall not be required to, impose any of the following enumerated sanctions, alone or in combination:

(1)

Revocation of a Collier County or city certificate of competency;

(2)

Suspension of a Collier County or city certificate of competency;

(3)

Denial of the issuance or renewal of a Collier County or city certificate of competency;

(4)

A period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the contractors' licensing board; and/or participation in a duly accredited program of continuing education directly related to the contractor's contracting activities. Any period of probation or continuing education program ordered by the contractors' licensing board may be revoked for cause by said board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in section 22-202. Service of said notice shall be as provided in section 22-202. Evidence that either of these methods of service have been utilized shall be sufficient to show that the notice of hearing requirements of this section have been met, without regard to whether or not the alleged violator actually received notice;

(5)

Restitution;

(6)

A fine not to exceed $10,000.00;

(7)

A public reprimand;

(8)

Reexamination requirement; or

(9)

Denial of the issuance of Collier County or city building permits or requiring the issuance of permits with specific conditions;

(10)

Reasonable investigative and legal costs for the prosecution of the violation.

(b)

(1)

Holders of State of Florida Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a State certified contractor, within the meaning of section 22-201, said Board may deny the issuance of Collier County/City building permits or require the issuance of permits with specific conditions.

(2)

Notification of and information concerning such permit denial shall be submitted to the Florida Department of Business and Professional Regulation within 15 days after the Contractors' Licensing Board decides to deny the permit.

(c)

When imposing any disciplinary sanction on a contractor or a person holding a Certificate of Competency or a state certified contractor who has been found to have violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at the hearing as well as:

(1)

The gravity of the violation;

(2)

The impact of the violation on the public health, welfare or safety;

(3)

Any actions taken by the violator to correct the violation;

(4)

Any previous violations committed by the violator;

(5)

Any other evidence presented at the hearing by the parties relevant as to the sanction which is appropriate for the case given the nature of the violation and the violator.

(d)

Any disciplinary sanctions imposed by the Contractors' Licensing Board shall be effective upon being stated orally at the hearing unless the Board orders otherwise, all in accordance with subsection 22-402(g)(9).

(e)

In addition to any action the Contractors' Licensing Board may take against the individual's or business organization's local license, and any fine the Contractors' Licensing Board may impose, the Contractors' Licensing Board shall issue a recommended penalty for the State Construction Industry Licensing Board or if the action involves an electrical contractor or an alarm contractor, the State Electrical Contractors' Licensing Board action. This recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the Construction Industry Licensing Board or Electrical Contractors' Licensing Board, or a combination thereof. The Contractors' Licensing Board body shall inform the disciplined contractor and the complainant of the local license penalty imposed, the penalty recommended, his rights to appeal, and the consequences should he decide not to appeal. The Contractors' Licensing Board shall, upon having reached adjudication immediately inform the Construction Industry Licensing Board or Electrical Contractors' Licensing Board of its action and the recommended board penalty.

(f)

Fines and all other monetary penalties may be collected and disposed as authorized by and subject to F.S. ch. 489. Should any monetary penalty imposed by the Board not be paid within the time specified by the Board's Order, the Board may request from the Board of County Commissioners authority to that appropriate legal action to collect the penalty.

(Ord. No. 90-105, § 4.2.5; Ord. No. 92-61, § 4; Ord. No. 94-34, § 4; Ord. No. 99-45, § 4.3.5—4.3.5.6, 6-8-99; Ord. No. 2002-21, §§ 1(4.3.5—4.3.5.6), 5-14-02; Ord. No. 06-46, § 1(4.3.5.1(f), 10-10-06)

Sec. 22-204. - Rehearing.

Each respondent found to be in violation of this article, any other party, the chairman of the CLB, the CLB as a body, or the assistant county attorney who tried the case may request a rehearing of any decision of the CLB. A request for rehearing shall be in writing and shall be filed with staff and a copy thereof should be delivered to all other parties within 20 days from the date of mailing or other method of delivery to the respondent(s) of the board's written decision under this article. A request for rehearing shall be based only on the ground that fundamental error occurred which resulted in a failure of due process, the decision was contrary to the evidence, or that the hearing involved an error on a ruling of law and/or fact which was fundamental to the decision of the CLB. The written request for rehearing shall specify the precise issue(s) on which the request for rehearing is based. The decision of the CLB which is the subject of the rehearing request shall remain in effect throughout the rehearing procedure unless the county's licensing supervisor or the CLB orders otherwise. If any person with standing claims that fundamental error has occurred and such error is capable of being corrected, a request for a rehearing by the CLB must be filed with county staff. The CLB must issue its final order on rehearing before any request for any type of appellate review can be filed with any court.

(1)

If the contractors' licensing board determines it will grant a rehearing, it shall:

a.

Conduct a hearing where the parties will be given the opportunity of presenting evidence and/or argument which may be limited by the board to the specific issues for which the rehearing was granted.

b.

Affirm, modify or reverse its prior decision, with or without receiving further evidence, providing that the change(s) is/are based on a finding that the prior decision of the board resulted from fundamental error or a ruling on a question of law or of fact which the board has been informed by its counsel was fundamental error or an erroneous ruling and that further board action is required to correct such error(s).

(Ord. No. 90-105, § 5.1; Ord. No. 99-45, § 5.1—5.1.2, 6-8-99)

Sec. 22-205. - Appellate-type review.

(a)

Each disciplinary action of the CLB is quasi-judicial. Each person or entity found to be in violation of this Ordinance may appeal a decision of the Contractors' Licensing Board to the Collier County Circuit Court as authorized by subsection F.S. § 489.127(5)(k), in conformity with Florida Rules of Appellate Procedure, and subject to mandatory prerequisite rehearing under section 5.1, above, if the error is correctable. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the CLB in accord with Florida Rules of Appellate Procedure. Any appeal shall be filed with the Circuit Court and be served on the parties within thirty (30) days of the rendition of the effective Final Order of the Board. If there has been a re-hearing request, the appeal shall be filed with the Circuit Court and be served on the parties within thirty (30) days of the rendition of the Board's decision on re-hearing.

(b)

In the event the person or entity found to be in violation of this article should elect to appeal, a verbatim record and transcript relevant to the case shall be as required by Florida Rules of Appellate Procedure. It shall be the sole responsibility of the person or entity seeking such review to ensure that a record is made from which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County, nor the CLB shall have any responsibility to provide a verbatim record transcript of the proceedings.

(c)

Subpoenas. Any party or the attorney for a party to a proceeding before the CLB may acquire from staff free subpoenas for witnesses and/or for production of tangible evidence, but not for any deposition. Rule 1.410 of Florida Rules of Civil Procedure apply thereto. As used in Rule 1.410, "court" shall mean "the CLB" and "clerk" shall mean "county staff". Each subpoena must be issued by the party or by an attorney for that party.

(Ord. No. 90-105, § 5.2; Ord. No. 94-34, § 5; Ord. No. 99-45, § 5.2—5.2.3, 6-8-99; Ord. No. 02-21, § 1(5.2.2.), 5-14-02)

Secs. 22-206—22-225. - Reserved.



FOOTNOTE(S):


(39) State Law reference— Discipline of contractors, F.S. §§ 489.129, 489.533. (Back)