3263 ORDINANCE NO. 3~-63
AN ORDINANCE OF THE CITY OF SANFORD RELATING TO THE
REGULATION AND LICENSING OF CONSTRUCTION CONTRACTORS}
PROVIDING FOR A SHORT TITLE; DECLARING INTENT; PROVIDING
DEFINITIONS; PROVIDING EXEMPTIONS} ESTABLISHING A CENTRAL
CONTRACTORS EX~INING BOAI~} PROVIDING FOR FEES}
PROVIDING FOR EI~INATION OF CONTRACTORS; PROVIDING FOR
ISSUANCE OF CERTIFICATES OF COMPETENCY; PROVIDING METHOD
OF RECIPROCITY; PROVIDING RESTRICTIONS} PROVIDING FOR
DISCIPLINABY PROCEEDINGS; PROVIDING FOR SUSPENSION OR
lIEVOCATION OF CERTIFICATES OF COMPETENCY} PROVIDING TfIAT
THE ORDINANCE IS SUPPleNTiS; PROVIDING FOR CONFLICT i~
SEVERABILITY} PROVIDING FOR AN EFFECTIVE DATE i~
PROVIDING FOR REPEAL OF ORDINANCES 913, SECTIONS 1, 2,
AND 3, ENACTED 4/24/67, 1223, SECTION 1, ENACTED 5/13/74,
AND 1370, SECTION 1, ENACTED 12/13/76.
WHEREAS, the State of Florida has recognized in Chapter 63-
1600, Laws of Florida, as amended, and Chapters 162, 166, and 489,
Florida Statutes, that it is necessary and in the interest of the
public health, safety, and welfare to regulate the construction
industry, and, accordingly, has delegated to the City of Sanford
authority to discipline persons who violate applicable local code
provisions pertaining to the activities of licensed and unlicensed
contractors, including the authority to suspend and revoke their
licenses and to impose monetar~ fines against such violators; and,
WHEREAS, the City Commission of Sanford, Florida has
determined that a single, consolidated construction trades board
should be empowered to license contractors and to discipline
persons who violate this and other City ordinances pertaining to
the activities of licensed contractors to the full extent provided
under the aforementioned grant of authority.
WHEREAS, a method of local disciplinary action and oversight
of contractors is required pursuant to §489.131(10), Fla. Stat.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
Ordinance No. 3263
Page No. 1
SANFORD, FLORIDA, THAT:
Section 1. SHORT TITLE
This ordinance may be known and cited as the "Contractor's
Licensing Ordinance of Sanford, Florida".
Section 2. APPLICABILITY
This ordinance shall apply to and be enforced in all
incorporated areas of Sanford, Florida.
Section 3. DEFINITIONS
As used in this ordinance, the following definitions shall
apply in the interpretation, enforcement and intent of this
ordinance. When not inconsistent with the context, words used in
the present tense include the future, words used in the singular
shall include the plural, and the plural the singular. The word
"shall" or "must" is always mandatory and not merely directory.
The word "may" is to be construed as being permissible and not as
being mandatory. Masculine gender shall include the feminine or
neutral gender.
APPEALS BOARD means the Sanford City Commission.
BOARD means the Sanford Central Contractors Examining Board.
BUILDING OFFICIAL means the officer or other designated authority
charged with the administration and enforcement of codes and
ordinances adopted by Sanford which relate to construction,
permitting, inspection, and contractor licensing.
BUSINESS ORGANIZATION shall mean a business entity engaging in
contracting as an individual sole proprietorship, partnership,
company, corporation, business trust or other legal entity.
CERTIFICATE shall mean a certificate of competency issued by the
Sanford Central Contractors Examining Board through the Sanford
Building Division.
CERTIFIED CONTRACTOR shall mean any contractor who possesses a
certificate of competency issued by the Florida Department of
Professional Regulation and who may contract in any jurisdiction in
the State of Florida without being required to fulfill the
Ordinance No. 3263
Page No. 2
competency requirements of that jurisdiction.
CERTIFICATION shall mean the act of obtaining or holding a Sanford
certificate of competency as provided in this ordinance.
CILB shall mean the Construction Industry Licensing Board of the
Florida Department of Business and Professional Regulation.
CONTRACTING shall mean, except as exempted herein, engaging in
business as a contractor and includes, but is not limited to,
performance of any of the acts as set forth in this ordinance or
the categories of contractors established by order of the Board.
The attempted sale of contracting services and the negotiation or
bid for a contract for these services shall also constitute
contracting,
CONTRACTOR shall mean the person who is qualified for and
responsible for the entire project contracted for and means, except
as exempted in this ordinance, the person who, for compensation,
undertakes to, submits a bid to, or does himself or by others,
construct, erect, install, maintain, repair, alter, remodel, add
to, subtract from, or improve any building or structure, including
related improvements to real estate, for others or for resale to
others.
DEPARTMENT shall mean the Building Division of the Community
Development Department.
ECLB shall mean the Electrical Contractors Licensing Board of the
Florida Department of Business and Professional Regulation.
EMPLOYEE shall mean an individual who receives compensation from
and is under the supervision and control of a licensed contractor
or owner/builder who regularly deducts federal withholding tax and
FICA from the individual's wages and provides workers' compensation
coverage, all as provided by law.
GOVERNMENT/GOVERNMENTAL AGENCY shall refer to the United States,
any state, county, municipal or political subdivision.
GRANDFATHERED refers to the license issued by the Board to a
contractor who has provided proof of experience which qualified him
for a license without examination.
HARV means heating, air conditioning, refrigeration, and
ventilation.
JOURNEYMAN shall mean a person who possesses a Sanford certificate
of competency and the necessary qualification, training and
technical knowledge to work in the trades of electrical, plumbing
and HARV under the supervision of a Master.
LICENSEE shall mean a holder of a Sanford certificate of competency
issued as herein provided.
PARTY shall mean any individual, sole proprietorship, person,
partnership, corporation, association or any other type of business
Ordinance No. 3263
Page No. 3
organization.
QUALIFYING AGENT shall mean a person who possesses the requisite
skill, knowledge, experience, and responsibility to supervise,
direct, manage, and control the contracting and construction
activities of the business entity with which he is connected, and
whose technical and personal qualifications have been determined by
investigation and examination as provided for in this article. The
Qualifying Agent shall be directly responsible for construction
activities on a job for which he has obtained a building permit.
REGISTERED CONTRACTOR means any contractor who has registered his
local certificate of competency with the Florida Department of
Business and Professional Regulation, pursuant to fulfilling the
competency requirements of the jurisdiction for which the
registration is issued. Registered Contractors may contract only
in such jurisdictions or where recognized by reciprocity.
SPECIALTY CONTRACTOR means a contractor whose scope of work and
responsibility is limited to a particular phase of construction as
established by order of the Board.
Section 4. EXEMPTIONS
The provisions of this ordinance shall not apply to the
following:
1) Owners of property when acting as their own Contractor
and providing all material supervision themselves, when
(a) building or improving farm outbuildings (on their
farm land for farm use) or (b) building or improving one
or two-family residences on their property for the sole
occupancy or use of such owners and not offered for sale
or lease, or (c) building or improving commercial
buildings at a cost of under Twenty-Five Thousand Dollars
($25,000.00), on their property for the sole occupancy or
use of such owners and not offered for sale or lease. In
an action brought under this ordinance, proof of sale or
lease, or offering for sale or lease, of any such
structure by the owner/builder within one (1) year after
completion of same creates a presumption that the
construction was undertaken for purposes of sale or
lease. This subsection does not exempt any person who is
employed by such owner and acts in the capacity of a
Contractor. For the purposes of this subsection, the
term "owners of property" includes the owner of a mobile
home situated on a leased lot. To qualify for exemption
under this subsection, an owner must personally appear
and sign the building permit application and a disclosure
statement acknowledging the owners' responsibilities as
stated in this subsection.
2) Any construction, alteration, improvement, or repair
carried on within the limits of any site the title to
which is in the United States or with respect to which
federal or state law supersedes this ordinance.
Ordinance No. 3263
Page No. 4
3 Any Employee of a Certificate holder who is acting within
the scope of the license held by that Certificate holder
and with the knowledge and permission of the Certificate
holder.
4 Contractors in work constructing and/or maintaining
bridges, roads, street, and sewer & water utilities
incidental thereto, if such contractors possess a current
and valid certificate of qualification issued by the
Florida Department of Transportation.
5 An authorized Employee of a Governmental Agency, if the
employee does not hold himself out for hire or otherwise
engage in Contracting except in accordance with such
employment.
6) Any Certified Contractor when such person is performing
work authorized pursuant to his certification.
7) An officer appointed by the court when he is acting
within the scope of his office as defined by law or court
order. When construction projects which were not
underway at the time of the appointment of the officer
are undertaken, the officer shall employ or contract with
a Certified Contractor or a Licensee,
8) A registered architect or engineer acting within the
scope of his practice as allowed by applicable law.
9) Any person who furnishes only materials or supplies
without fabricating them into or making them a permanent
fixed part of the structure, such as awnings. This
section does not exempt, however, inground spas and
swimming pools that involve excavation, plumbing,
chemicals, or wiring of any appliance without a factory-
installed electrical cord and plug.
10) Any person who sells, services, or installs heating or
air conditioning units which have a capacity no greater
than three (3) tons (36,000 Btu), which have no ducts,
and which have a factory-installed electrical cord and
plug.
11) Operators of water conditioning services installing or
maintaining water conditioning units for domestic,
commercial, or industrial purposes.
12) Any work or operation of a casual, minor, or
inconsequential nature in which the aggregate contract
price for labor, materials, and all other items is less
than $1,000, but this exemption does not apply:
a) If the construction, repair, remodeling, or
improvement is a part of a larger or major
operation, whether undertaken by the same or a
different Contractor, or in which a division of the
operation is made in contracts or amounts less than
Ordinance No. 3263
Page No. 5
$1,000 for the purpose of evading this part or
otherwise; or
b) To a person who advertises that he is a COntractor
or otherwise represents that he is qualified to
engage in Contracting.
Section 5. CENTRAL CONTRACTORS EXAMINING BOARD
1) The Sanford City Commission shall establish the Board and such
other examining boards as it deems necessary for the proper
administration of this ordinance. The Board shall, except as
provided below, consist of thirteen (13) members who have been
contractors in the city for two (2) years prior to appointment.
The appointments to the Board shall consist of the following:
a) Two (2) licensed master plumbers;
b) Two (2) licensed master electricians;
c) Three (3) licensed building contractors, Class A, B or C;
d) Two (2) licensed air conditioning/mechanical contractors;
e) One (1) licensed swimming pool contractor;
f) One (1) licensed roofing contractor;
g) One (1) licensed sheet metal contractor; and
h) One (1) licensed screen enclosure contractor.
When necessary, an alternate choice to the
Contractors listed above, may be a specialty
Contractor or a certified inspector. The
certification must be by Southern Building
Code Congress International, Inc., Council of
American Building Officials, or other
recognized testing agency. In addition, the
Building Official shall serve as Secretary to
the Board.
The initial appointments to the Board shall be made by the City
Commission and each appointment shall be for a period of two (2)
years.
2) Each Board member shall be a Certified Contractor or a
Registered Contractor. Each Certified Contractor shall also hold
a valid Certificate as appropriate to his appointment.
3) Seven (7) members of the Board shall constitute a quorum at
any meeting and a majority vote of those present shall be required
to make any decision. In the event the Board is short of a quorum
by one (1), the Building Official may cast a vote when needed. The
Board shall be on call as needed.
Ordinance No. 3263
Page No. 6
4) The Board is authorized to make such rules not inconsistent
with law which are necessary or appropriate to carry out the duties
and authority conferred upon it by this ordinance.
5) Three (3) or more unexcused absences by a member in any
calendar year shall result in the automatic forfeiture by the
member of his position on the Board. Absences may be excused by
the Chairman of the Board Or by the City Commission.
6) Any member of the Board may be removed for cause by a majority
vote of the City Commission upon written charges and after a public
hearing.
7) Any vacancy on the Board shall be filled within thirty (30)
days of the vacancy by the City Commission by an appointment of an
individual to serve for the remainder of the term.
Section 6. CERTIFICATE OF COMPETENCY REQUIRED
No person, other than a Certified Contractor, shall engage in
Contracting or act as a Contractor unless he has first obtained a
Certificate and has, when appropriate, registered in the proper
classification with the State of Florida Department of Business and
Professional Regulation pursuant to the provisions of Chapter 489,
Florida Statutes. A contractor will also be required to have an
occupational license. Contractors required to obtain a Certificate
and, registration when applicable as defined by ~489.105(3)a-q,
Fla. Stat; include:
General Contractor, Building Contractor, Residential
Contractor, Sheet Metal, Roofing Unlimited, Class "A" Air
Conditioning, Class "B" Air Conditioning, Class "C" Air
Conditioning, Mechanical, Commercial Pool and Spa, Residential Pool
and Spa, Plumbing, Electrical Contractor, Residential Electrical
Contractor, Journeyman Electrician, Journeyman Plumber, Journeyman
HARV, Aluminum, Aluminum with Concrete, Electrical Sign.
The Board shall have the option to delete or add to the above list
of contractors as it deems necessary without a change in this
ordinance.
Section 7. DISPLAY OF STATE REGISTRATION NUMBER
Any Contractor regulated pursuant to this ordinance shall
include its State of Florida registration number, if required to be
registered, in any newspaper, phone directory, or other advertising
medium that is primarily circulated, displayed, distributed or
marketed within the City of Sanford and that offers services of the
Contractor which are regulated by this article.
Section 8. FEES
All fees required by this ordinance shall be as established by
resolution of the City Commission.
Ordinance No. 3263
Page No. 7
Section 9. EXAMINATION OF APPLICANT
All applicants for a Certificate shall be required to take and
pass a competency examination given by Block & Associates or other
testing agency approved by the Board. The applicant shall be
required to obtain a passing grade of seventy-five percent (75%) or
higher before his Certificate will be issued. Further, an
applicant must be eighteen (18) years of age and be of good moral
character.
In lieu of such examination, an applicant for a Certificate
that has passed an approved Contractor competency examination in a
reciprocating jurisdiction and obtained a grade of seventy-five
(75) percent or higher, may provide an original letter of
reciprocity on letterhead from the licensing official of the
jurisdiction which sponsored him for examination. The applicant
must be currently licensed, and be in good standing with the
reciprocating jurisdiction. The letter of reciprocity shall
include the type and class, date and score and name of agency
giving the exam taken, the contractors license number as issued by
the reciprocating jurisdiction, and a statement that the Contractor
is in good standing with that department. Said letter of
reciprocity shall be signed by the official or his designee, and be
valid for a period of three (3) months from date of issue.
Section 10. PROCEDURE FOR OBTAINING CERTIFICATE OF COMPETENCY
A Certificate shall be obtained in the following manner:
1) Any person or firm required or desiring to be qualified
as a Contractor shall submit an application with required
fee and supporting documents and information as
prescribed by the Board. The Building Department shall
retain the application and all supporting documents.
2) The contractor must submit proof of having obtained a
score of seventy-five percent (75%) or higher on the
required examination within three (3) years of the
application, or proof that the applicant has passed the
examination and holds a valid and current Contractor
license in another jurisdiction which reciprocates with
Sanford. The letter of reciprocity shall be as set forth
in Section 9 hereof.
3) Proof of compliance with insurance requirements as set
forth by CILB and ECLB. In addition, all Contractors
must present proof of coverage for workers' compensation
insurance or provide an exemption approved by the
Department of Labor.
4) A bond in the amount of Two Thousand Dollars ($2,000.00)
on the form provided by the Department and issued by a
surety company authorized to do business in the State of
Florida shall accompany the application for Certificate
or renewal thereof, and shall be required of Contractors
holding Certificates.
Ordinance No. 3263
Page No. 8
5) It shall be the responsibility of the Certificate holder
to keep the Department informed of his current mailing
address, and except where required otherwise, service by
regular mail at the address of record constitutes
adequate notice for official communications.
Section 11. ISSUANCE OF CERTIFICATE OF COMPETENCY
The Board shall, through the Department, issue a Certificate upon
making the following determinations:
1) The applicant, or the Qualifying Agent, as appropriate,
has complied with the provisions of Sections 9 and 10(1)
and (2) of this ordinance;
2) Bond and insurance requirements have been met;
3) The applicant possesses a reputation of honesty,
integrity and good character, and has not been convicted
of a misdemeanor involving moral turpitude or a felony
during the past five (5) years, or been found by the
Florida Department of Business & Professional Regulation,
the CILB, or the Florida Electrical Contractors Licensing
Board to have violated state law or regulations
pertaining to the construction industry or the business
of Contracting. The lack of honesty, integrity or good
character may be established by evidence indicating that:
(a) the applicant has committed an act during the last
three (3) years which if committed by a licensed
Contractor, would be grounds for suspension or revocation
of his Certificate; (b) the applicant has committed an
act during the last three (3) years involving dishonesty,
fraud, deceit, or lack of integrity whereby the applicant
has benefitted or whereby some injury has been sustained
by another; or (c) the applicant has refused during the
last five (5) years to pay just bills of at least two (2)
different persons or firms.
4) If the Board, again, through the Department determines
from its review and investigation of the application that
the applicant is qualified to engage in the business of
Contracting, the Department shall cause a Certificate to
be issued to the applicant; otherwise, the Department
will deny the application.
5) The Certificate shall show on its face the type of
Contracting for which it has been issued.
6) The Department may refuse to issue or renew a license of
any person who has failed to pay a fine and any
associated interest and costs until payment is made in
full.
Section 12. EXPIRATION OF CERTIFICATES OF COMPETENCY
Ordinance No. 3263
Page No. 9
1) All Certificates shall expire bi-annually at midnight on
September 30;
2) Permits will not be issued to a Contractor whose
Certificate has expired and it shall be unlawful for any
person to engage or hold himself out as engaging in
Contracting under an expired Certificate;
3) A Certificate which has expired may be restored upon
payment of triple the renewal fee on or before March 31st
of the year following its expiration. This option is not
available to Grandfathered licensees;
4) If a Certificate holder fails to renew his Certificate by
March 31st of the year following its expiration as set
forth hereinabove, he shall be required to apply at the
next date of expiration, for a Certificate in the same
manner as for an initial Certificate, and pay an
application fee and a hearing fee for the Board to
consider reinstating the license. The Board will
consider the application and approve or deny the
reinstatement of the Certificate, depending upon the
circumstances presented concerning the failure to renew.
If approved, the applicant must pay quadruple the renewal
fee and renew his license within ten (10) days of said
approval. This option is not available to Grandfathered
Licensees.
Section 13. CHANGE OF STATUS
1) In the event there is a change in the status of a business
organization or an individual from that contained in the original
application for a Certificate which has been issued by the Board,
the Certificate holder shall be required to submit a new
application which reflects the change in status. The Certificate
holder will not be required to take the approved examination as
part of the change application process if there is no change in
Qualifying Agent.
2) An application for change in status shall be submitted to the
Department within forty-five (45) days of the date on which the
change of status occurs.
3) All applications for change of status shall be processed and
reviewed by the Department supervisor or the Building Official for
approval of issuance of a new Certificate.
4) A change of status of a business organization and/or change of
status of the Contractor shall cause the previously issued
Certificate to be invalid and the Certificate holder shall not
engage in the business of Contracting under the previous
Certificate.
Section 14. RECIPROCITY
Ordinance No. 3263
Page No. 10
1) The Department supervisor, or the Building Official (or his
designee), shall issue letters of reciprocity to Contractor
licensing officials in other jurisdictions for those parties who
have been issued a Certificate after passing a Sanford sponsored
examination. A letter of reciprocity shall state the name and
address of the Certificate holder, the type and class of
Certificate issued, the title, date, and grade for the exam taken,
the examining agency, and the current status of the Certificate.
2) The fee for the preparation and issuance of a letter of
reciprocity shall be as prescribed by the City Commission.
Section 15. DEATH OF CERTIFICATE HOLDER
1) If work remains to be completed under a contract at the time
of death of a Certificate holder, the work may be completed by any
person that is a representative of the company which pulled the
permit even though not certified or registered. Such person shall
notify the Department, within thirty (30) days after the death of
the contractor, his knowledge of the contract, and his ability to
complete.
2) If the deceased Certificate holder was the only Qualifying
Agent for the Business Organization, the Business Organization
shall have sixty (60) days from the date of death to employ another
Qualifying Agent. The Business Organization shall not commence any
new construction until a Qualifying Agent is employed. The
Business Organization shall notify the Department of the name and
hire date of the new Qualifying Agent for the Business
Organization.
Section 16. QUALIFYING AGENT
1) All applications for a Certificate, other than those submitted
by an individual, shall be submitted through a Qualifying Agent.
The application must indicate that the Qualifying Agent is
authorized to act for the applicant in matters connected with
Contracting and that he is authorized and responsible for
supervising any construction undertaken by the applicant, including
the supervision of employees on construction and/or job sites. The
Qualifying Agent must be duly licensed for the Business
Organization with which he is affiliated. A Qualifying agent shall
serve as qualifier for no more than (2) Business Organizations.
2) A Qualifying Agent who has been designated as the sole
Qualifying Agent for a Business Organization may terminate his
status as agent for that entity by giving written notice to the
Business Organization and the Department. Such notice shall
indicate whether the Licensee intends to reapply as an individual
or as the Qualifying Agent for another entity. If the Qualifying
Agent is a Certified or Registered Contractor, the City Of Sanford
will not issue any building permits to the Licensee until he
provides the Department with a copy of his new registration.
3) In the event a Qualifying Agent ceases to be affiliated with
a Business Organization which he has qualified, the Business
Ordinance No. 3263
Page No. 11
Organization shall notify the Department within thirty (30) days of
the date of the termination and shall have sixty (60) days from the
date of termination to hire another Qualifying Agent if it does not
already employ another qualifier. At any time during which such
Business Organization does not have a Qualifying Agent in its
employ, it shall (a) engage in no new contracting work, and (b)
provide only warranty service as required under any existing
warranty obligations.
Section 17. RESTRICTIONS ON CERTIFICATES OF COMPETENCY
1) A Certificate is not transferable.
2) A Certificate holder may only engage in the type of work
covered by the Certificate issued.
3) A Certificate holder shall comply with all applicable
state and local laws regulating the construction industry
and the licensing of construction industry Contractors
and Specialty Contractors.
Section 18, PROHIBITED ACTIVITIES
No person shall:
1) Falsely hold himself out as a licensed Contractor;
2) Falsely impersonate a licensed Contractor;
3) Present as his own the Certificate of another;
4) Submit false information or other evidence to the
Department or Board for the purpose of obtaining a
Certificate;
5) Use or attempt to use a Certificate which has been
revoked, suspended, placed on voluntary inactive status,
or expired;
6) Engage in the business or act in the capacity of a
Contractor or advertise himself as available to engage in
the business or act in the capacity of a Contractor
without being duly licensed by the Board;
7 Operate a Business Organization engaged in Contracting
without a Qualifying Agent, except as otherwise herein
provided;
8) Fraudulently depart from, or disregard, plans or
specifications in material respect, without consent of
the owner or his duly authorized representative;
9) Commit any willful fraudulent act as a Contractor;
10) Fail to have the Certificate holder's state-registered
Ordinance No. 3263
Page No. 12
license number appear in any newspaper, telephone
director, or other advertising medium that is primarily
circulated, displayed, distributed, or marketed within
Sanford and offers services of the contractor which are
regulated by this article;
11) Commence or perform work for which a City building permit
is required without first having obtained the appropriate
permit;
12) Violate this Ordinance or any other City ordinance
relating to Contractors;
13) Operate a Business Organization engaged in contracting
after sixty (60) days following the termination or death
of its only Qualifying Agent without replacing the
Qualifying Agent.
Violators of the provisions of this Section are subject to the
issuance of a citation by the Building Official or his designee(s)
pursuant to City Ordinance No. 3098.
Section 19. DISCIPLINARY ACTIONS, REVOCATION OR
SUSPENSION OF CERTIFICATE OF COMPETENCY
The Board may take any of the following actions against a
Certificate holder: place on probation or reprimand the
Certificate holder; revoke, suspend, or deny the issuance or
renewal of the Certificate; require financial restitution to a
consumer; impose an administrative fine not to exceed $5,000 per
violation; require continuing education in addition to that
required by the state; if the Contractor or Business Organization
for which the Contractor is a primary Qualifying Agent is found
guilty of any of the following acts:
1) Obtains a Certificate by fraud, deceit, or
misrepresentations;
2) Is convicted or found guilty of, or entering a plea of
nolo contendere to, regardless of adjudication, a crime
in any jurisdiction which directly relates to the
practice of Contracting or the ability to practice
Contracting;
3) Willfully disregards and violates an applicable state or
local building code, regulation or law;
4) Performs any act which assists a person or business in
engaging in the unlicensed business of Contracting, as
defined herein, if the Certificate holder knows or has
reasonable grounds to know that the person or business is
unlicensed;
5) Allows a Certificate to be used by an unlicensed person
to evade the provisions of this Ordinance. When a
Certificate holder allows his Certificate to be used by
Ordinance No. 3263
Page No. 13
one (1) or more Business Organizations without having
active participation in the operation, management or
control of such Business Organization, such act shall
constitute prima facie evidence of an intent to evade the
provisions of this Ordinance;
6) Acts in the name of a Certificate holder or in the
capacity of a Contractor other than in accordance with
the business status and/or Contractor status contained in
the application for a Certificate as approved by the
Board;
7) Fails in any material respect to comply with the
provisions of this Ordinance;
8) Abandons a construction project in which the Contractor
is engaged or under contract as a Contractor. A project
shall be considered abandoned ninety (90) days after the
Contractor terminates the project without just cause or
without proper notification to the owner, including the
reason for the termination, or fails to perform work
under the contract for ninety (90) consecutive days.
Incidental or casual work (of a duration of three (3)
days or less), undertaken for the purpose of defeating
this subsection shall not be considered by the Board when
taking disciplinary action;
9) Signs a statement with respect to a project or contract
which falsely indicates that payment has been made for
all subcontracted work, labor, and/or materials which
results in a financial loss to the owner, purchaser or
another contractor; falsely indicates that the work is
bonded, or falsely indicates that workers' compensation
and/or public liability insurance are maintained;
10) Commits fraud or deceit or other misconduct in the
practice of Contracting;
11) Proceeds on any construction Job without first obtaining
and posting the required building permits and scheduling
required inspections;
12) Advertises, bids, or performs work which exceeds the
scope of work for which the Contractor has been licensed,
as defined by Chapter 489, Florida Statutes or by Block
& Associates;
13) Aids or abets any unlicensed person or Business
Organization to evade any provision of this Ordinance;
14) Uses or attempts to use a Certificate which has been
revoked, suspended, placed on inactive status or expired;
15) Fails to include his Certificate number and/or state-
registration number, if applicable, on an application for
a building permit;
Ordinance No. 3263
Page No. 14
16) Intimidates, threatens, coerces, or otherwise discourages
the service of a Notice to Owner or a Notice to
Contractor as required in state statutes;
17) Fails to maintain Public Liability, Property Damage, or
Workers' Compensation insurance in accordance with the
requirements of the CILB and ECLB and this Ordinance;
18) Fails to have removed, by payment or by bond, within
seventy-five (75) days, liens which have been recorded
against the property of the Contractor's customer for
supplies or services ordered by the Contractor for the
customer's job, the Contractor having received funds from
the customer to pay for said supplies or services;
19) Commits any of the prohibited activities outlined in
Section 18 of this ordinance;
20) Fails to pay a civil judgment relating to the practice of
Contracting, entered against the Contracto~ or the
Business Organization qualified by the Contractor, within
a reasonable time;
21) Fails to maintain a required bond.
Section 20. DISCIPLINARY PROCEEDINGS
1) Any person may file a complaint against the holder of a
Certificate with the Department. Such complaint shall be in
writing and signed by the complainant. Within fifteen (15)
business working days of the receipt of the complaint, the
Department supervisor or Building Official shall send a copy of the
complaint to the Certificate holder at the address of record,
allowing ten (10) business working days for the Certificate holder
to reach an acceptable resolution agreement with the complainant.
If the Certificate holder fails to do so, a notice sent ten (10)
calendar days prior to hearing date by the Department by certified
mail, return receipt requested, shall advise all interested parties
of the date of a disciplinary hearing before the Board. The
Certificate holder and any other interested party shall have the
right to appear in person or by counsel at the hearing and to
present witnesses and/or evidence in his defense. Any person so
charged with a violation, who fails to appear in person or by
counsel before the Board for a hearing, after having been notified
by certified mail or hand-delivery of the time and place set forth
for such hearing, shall hereby forfeit the right of a hearing and
the Board may then proceed with action against the Certificate
and/or Contractor if deemed warranted by the Board.
2) At the conclusion of the hearing, the Board shall issue
findings of fact and conclusions of law, based on evidence of
record, as to whether the Certificate holder has violated the
provisions of this Ordinance. If the Board determines that a
violation has occurred, the Board may, by affirmative vote of the
majority of those present and voting, except that at least seven
(7) members of the Board must vote for the action to be official,
Ordinance No. 3263
Page No, 15
take any action specified in Section 19 herein. A suspension of a
Certificate, without requirement of restitution or fine, shall be
for a specified period of time not to exceed one (1) year. The
Board may also assess reasonable investigative and legal costs for
the prosecution of the violation against the violator. Said fine
and costs shall be paid at the office of the Department.
Suspension is imposed on every order requiring payment of
restitution or a fine, with the suspension stayed for thirty (30)
days to allow time for payment. If payment is not timely made, the
stay automatically lifts, and the license is suspended until such
time as payment is made in full. When the board orders suspension
or revocation of a Certificate, the Occupational Licensing Division
of the Community Development Department's Office of Sanford shall
likewise suspend or revoke any occupational or business license
dependent upon such valid Certificate therefore.
3) The Board may reissue a Certificate to any Contractor whose
Certificate has been suspended or revoked upon the affirmative vote
of the majority of those present and voting, except that at least
seven (7) members of the Board must vote for the action to be
official. If the Board does not reissue a revoked or suspended
license, the licensee shall be prohibited from submitting an
application for a new Certificate for one (1) year from the
effective of the suspension or revocation.
4) Every decision of the Board shall be final, subject however to
such remedy as any aggrieved party might have at law or in equity.
5) The Board shall report to the CILB any disciplinary action
taken against a Registered contractor, including forwarding a
recommendation which may include a recommendation for no further
action; a reprimand; suspension, revocation or restriction of the
registration; a fine to be levied by the CILB; restitution to the
consumer; or a combination thereof.
6) The Department, the disciplined contractor, or the complainant
may challenge the Board's recommendation to the CILB. The
challenge shall be filed with the CILB within thirty (30) days of
the issuance of the recommendation to the CILB.
7) Failure of the Department, the disciplined Contractor, or the
complainant to challenge the Board's recommendation to the CILB
within the time period set forth in this subsection shall
constitute a wavier of the right to a hearing before the CILB. A
waiver of the right to a hearing before the CILB shall be deemed an
admission of the violation, and the recommendation shall become a
final order according to procedures developed by CILB rule without
further CILB action. The disciplined Contractor may appeal this
CILB action.
Section 21, ORDINANCE SUPPLEMENTAL
Nothing contained in this Ordinance shall prohibit the City of
Sanford from enforcing its codes by any other lawful means
Ordinance No. 3263
Page No, 16
available to it.
Section 22. SEVERABILITY
Any section, subsection or provision of this Ordinance
declared by a court of competent jurisdiction to be
unconstitutional or invalid, shall not affect the validity of the
Ordinance as a whole, or any part hereof other than the parts so
declared to be unconstitutional or invalid.
Section 23. INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a
part of the code of laws and ordinances of Sanford, Florida. The
sections of the ordinance may be renumbered or relettered to
accomplish such, and the work "ordinance" may be changed to
"section", "article", or any other appropriate word.
Section 24. EFFECTIVE DATE
The provisions of this Ordinance shall become effective upon
receipt of official acknowledgement from the Office of Secretary of
State that said Ordinance has been filed.
Section 25. All Ordinances and Resolutions, or parts of
Ordinances and Resolutions in conflict herewith including, but not
limited to, Ordinances 913, Sections 1, 2, and 3, enacted 4/24/67
and 1223, Sl, enacted 5/13/74, and 1370, ~1, enacted 12/13/76, are
hereby repealed.
PASSED AND ADOPTED this~ day of~ , 1995.
Betty~. Smith, MAYOR
ATTEST:
CLERK
Ordinance No. 3263
Page No. 17
As the City Commission of the
City of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 3~3 , PASSED AND ADOPTED by the City
Commission of the City of Sanford, Florida, on the 1~ +h day of
, 1995, was posted at the front door of the City Hall in
the City of Sanford, Florida, on the ~5+h day of ~ , 1995.
~;~F~s:~nl~ Of Sanford, Florida
Ordinance No. 3263
Page No. 18