Orange County Building Safety / Consumer Fraud Unit Unlicensed Contracting Board of County Commissioners January 15, 2013

Presentation Outline BackgroundBackground Citation & Fine ProcessCitation & Fine Process Proposed Code RevisionsProposed Code Revisions SummarySummary Action RequestedAction Requested

Presentation Outline BackgroundBackground Citation & Fine ProcessCitation & Fine Process Proposed Code RevisionsProposed Code Revisions SummarySummary Action RequestedAction Requested

Unlicensed contractor activityUnlicensed contractor activity –fosters sub-standard construction –creates an economic burden for tax payers –violates F.S. 489 and Chapter 9, Orange County Code Current local regulations do not provide penalties for unlicensed contractor activityCurrent local regulations do not provide penalties for unlicensed contractor activity Assistance requested by construction industry groups and citizensAssistance requested by construction industry groups and citizens Consumer Fraud Unit investigates and mediates criminal construction related complaints on a daily basis Background

Presentation Outline BackgroundBackground Citation & Fine ProcessCitation & Fine Process Proposed Code RevisionsProposed Code Revisions SummarySummary Action RequestedAction Requested

Citation & Fine Process Citations 1.Investigation is initiated from citizen’s complaint 2.Case file is opened, violator identified 3.Violation is confirmed: Dept. of Business & Professional Regulation Dept. of Business & Professional Regulation Orange County Building Official Orange County Building Official Statements / Evidence Statements / Evidence 4.Citation is Issued: “Pay By” Date “Pay By” Date Appeals Date Appeals Date

Citation & Fine Process Appeals Process Building Codes Board of Adjustments and Appeals (BCBAA) hears appeals and renders determinations Building Codes Board of Adjustments and Appeals (BCBAA) hears appeals and renders determinations Civil penalty not to exceed $500 Civil penalty not to exceed $500 If violator is a “no show,” their right to appeal is waived If violator is a “no show,” their right to appeal is waived Ignored citations – collection action Ignored citations – collection action

Citation & Fine Process Fines and Payment Process Payment Payment Cash, money order, or certified check Cash, money order, or certified check Revenue from fines is deposited in General Fund Revenue from fines is deposited in General Fund Non Payment Non Payment Collection action by O.C. Consumer Fraud Collection action by O.C. Consumer Fraud Fines Fines $75 - $250 per violation $75 - $250 per violation $500 for repeat violators $500 for repeat violators

Presentation Outline BackgroundBackground Citation & Fine ProcessCitation & Fine Process Proposed Code RevisionsProposed Code Revisions SummarySummary Action RequestedAction Requested

Proposed Code Revisions Chapter 9, O.C. Code Empower Consumer Fraud Unit to issue civil citations for unlicensed contracting Empower Consumer Fraud Unit to issue civil citations for unlicensed contracting Appeals heard by Building Codes Board of Adjustments and Appeals (BCBAA) Appeals heard by Building Codes Board of Adjustments and Appeals (BCBAA) Citations and fines act to deter unlicensed activity Citations and fines act to deter unlicensed activity Criminal prosecution still available Criminal prosecution still available

Proposed Code Revisions Sec Building Codes Board of Adjustments and Appeals; creation; membership; meetings; quorum; powers and duties. – (m) (12) To conduct hearings on charges of any violation pursuant to Article IX of this Code. Sec Code enforcement officers. (a) The board of county commissioners hereby authorizes the county administrator or the county administrator's appointee to designate certain persons as defined by F.S. Ch. 162, including, but not limited to, consumer investigators assigned to the Orange County Consumer Fraud Investigative Unit, defined in Chapter 13, Orange County Code, as code enforcement officers who shall have the powers and limitations prescribed herein and by statute.

Proposed Code Revisions Sec Enforcement procedures. (a)A person who has been served with a citation shall elect either to: (1)Correct the violation and pay the civil penalty in a manner indicated on the citation; or (2)Within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, make a request in writing for an administrative hearing before the Orange County building codes special master, hereinafter referred to as the "special master," to appeal the issuance of the citation. Such written request is to be filed with the Orange County building official. (b3) Failure by the alleged violator to appeal the issuance of a citation within the time period shall constitute a waiver of the alleged violator's right to a hearing. A waiver to a hearing shall be deemed an admission of the violation and penalties may be imposed accordingly.

Proposed Code Revisions Sec Special mastersBuilding Codes Board of Adjustments and Appeals. (a)Requests pursuant to (2) above shall be set for hearing before the Building Codes Board of Adjustments and Appeals (BCBAA), as established by Section 9-4 of this Code. (Rest of section deleted) Sec Hearings. and Sec Appeals * Set out procedure * Change “Special Master” to “BCBAA”

Presentation Outline BackgroundBackground Citation & Fine ProcessCitation & Fine Process Proposed Code RevisionsProposed Code Revisions SummarySummary Action RequestedAction Requested

Summary Citations for unlicensed contractor activity issued by Orange County Consumer Fraud Unit. Appeals to be heard by the BCBAA. Fast, efficient process that does not burden the judicial system. Responds to the needs of citizens and industry groups. Revenue from fines offsets operating expenses.

Presentation Outline BackgroundBackground Citation & Fine ProcessCitation & Fine Process Proposed Code RevisionsProposed Code Revisions SummarySummary Action RequestedAction Requested

Action Requested BCC direction regarding the proposed amendments to Orange County Code Chapter 9 relating to unlicensed contracting.

Orange County Building Safety / Consumer Fraud Unit Unlicensed Contracting Board of County Commissioners January 15, 2013