§ 9-107. Same—Contractor or superintendent.

(a)

The procedures in this section have been developed to qualify those specialized professions for which the Broward County Central Examination Board and/or the Florida Construction Industry Licensing Board does not test, certify, or qualify.

(b)

A contractor's or superintendent's certificate of competency shall be obtained in the following manner:

(1)

Any person required or desiring to be qualified as a contractor or superintendent shall make application on a form prescribed by the contractors' examining and mediation board at the office of the secretary of such board in the sustainable development department. The application shall be retained by the board, together with all supporting papers.

(2)

Should the applicant be a firm, the application shall be executed by the president or one legally qualified to act for the firm, shall show his authority to so act on the application, and shall name an authorized agent on behalf of the firm showing his authority:

a.

To act for the firm in all matters in any manner connected with the contracting business;

b.

To supervise the construction under the business tax receipt issued to the firm; and

c.

To take the qualifying examination for the firm, unless holding a current certificate of competency of the class and type necessary.

The firm shall be qualified only through the qualifications of such agent taking the examination, or through an agent currently qualified, and if the agent (qualifier) shall sever his affiliation with such firm, the certificate of competency held by such firm shall be automatically cancelled. Any agent (qualifier) shall be restricted to the work of the firm he is currently qualifying.

(3)

No application shall be considered unless the applicant gives all information required on the form, which shall include:

a.

A statement of the applicant's proposed contracting business.

b.

The type of certificate being applied for.

c.

Name, residence and business address of the applicant.

d.

If the applicant is a firm, the name and business address of the firm and the name and residence of all directors and officers of the firm and their interest therein, and the name and residence of the applicant's qualified representative, and information contained above; if the applicant is a corporation, a certificate of incorporation.

e.

A sworn financial statement of the applicant, a credit report, and an agreement authorizing the secretary of the contractors' examining and mediation board to obtain from any source dealing with the applicant, even though confidential, such additional information concerning the applicant's financial condition as the secretary deems necessary. Superintendents are excepted from the application of this subparagraph.

f.

A sworn list of all businesses owned, operated, or managed by the applicant or in which the applicant has had an interest of any kind during the past five (5) years, and the addresses of these businesses. Superintendents are excepted from the application of this subparagraph.

g.

A receipt from the board, showing the fee of fifty dollars ($50.00) for the examination and qualification of the applicant has been paid.

h.

Three (3) letters of recommendation from reputable business or professional men, not related by blood or marriage to the applicant, of this county, or the county of the applicant's last business venture, vouching for the applicant's reputation as to honesty, integrity and good character.

i.

A sworn statement, stating under oath that the applicant has not been convicted of a misdemeanor or felony during the past five (5) years, and that he is not presently charged with committing a felony or misdemeanor. If this is not the case, the applicant shall specify the details of the conviction or charges.

(4)

The secretary of the board shall notify the applicant of the next regular examination and shall notify the board of the application prior to its next regular meeting and make such additional investigation as may be directed by the board.

(5)

The contractors' examining and mediation board shall prescribe the type of examination of the applicant to show his degree of experience; his knowledge of building, safety, health and lien laws of the county, state and federal governments as may be applicable; and his knowledge of rudimentary administrative principles of the contracting business for which application is being made.

(6)

The contractors' examining and mediation board shall not issue or renew a certificate of competency unless, by a majority vote of the board members present, the board finds:

a.

That the applicant, or if the applicant is a firm then the qualified representative, has made a passing grade on the written or verbal examination and has the necessary experience for the type of certificate applied for.

b.

That the applicant is financially able to engage in the contracting business for which the certificate is requested. The board shall establish, in its rules and regulations, uniform but separate standards for each contractor's category to guide it in determining an applicant's financial qualifications. Such standards shall first be approved by the city commission.

c.

That the applicant, and each member of the firm, possesses a reputation for honesty, integrity, and has a good character, and is not under present removal of civil rights due to a felony conviction and never has been convicted of a felony which directly relates to the subject matter for which the certificate of competency is to be issued. This shall be determined by the board from the information contained in the letter of recommendation submitted by the applicant and any other statement submitted to or obtained by the contractors' examining and mediation board or its investigators. The lack of honesty, integrity or good character may be established by competent evidence that:

1.

Applicant has committed an act within the past three (3) years which, if committed or done by a licensed contractor, would be grounds for suspension or revocation of a contractor's license.

2.

Applicant has committed an act within the past three (3) years involving dishonesty, fraud, deceit, or lack of integrity whereby the applicant has been benefited or whereby some injury has been sustained by another.

3.

Applicant has, in the past five (5) years, refused to pay any valid bills of persons or firms or if the applicant or any officer of the applicant has been adjudicated bankrupt within such time. If the applicant shall be a firm, then the qualifying agent of the applicant shall be considered to be an officer of the firm for the purposes of this section.

4.

Applicant has been convicted of a felony and is presently removed of his civil rights or the applicant has previously been convicted of a felony which directly relates to the subject matter of this chapter.

(Code 1953, § 48-6.6; Ord. No. C-82-8, § 2, 2-2-82; Ord. No. C-06-45, § 6, 1-4-07 ; Ord. No. C-17-28 , § 37, 9-13-17)