§ 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)