§ 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)