§ 10-13. Certificates nontransferable; term; renewal; reactivation and status of certificates; conditions of renewal.
(a)
Transferability of certificates. The certificates issued pursuant to the provisions of this chapter shall be nontransferable. All certificates shall expire on the last day of September 1999. All certificates or renewals applied for or issued subsequent to September 1999 shall be issued for an initial period of twelve (12), eighteen (18), twenty-four (24) or thirty (30) months, after which time each renewal shall be valid for twenty-four (24) months.
(b)
Renewal, reactivation, reinstatement, and status of certificates.
(1)
Certificates in active or voluntary inactive status must be renewed prior to their expiration date(s). The Department of Regulatory and Economic Resources (the Department) shall renew a certificate in active or voluntary inactive status after January 1, 1996, upon receipt of a completed renewal application and payment of fees established by separate administrative order, provided the certificate holder has earned sixteen (16) hours of continuing education credit during the term then expiring. Of the required sixteen (16) hours of continuing education credit a minimum of one (1) hour in each of the following areas of study shall be included: Chapter 10 of the Code of Miami-Dade County and Florida Statute 713. The remaining fourteen (14) hours of continuing education may be satisfied through attendance at any Board approved courses. The list of approved classes for continuing education credit shall be posted in the Department. The department may establish penalty fees by administrative order for renewal applications submitted after the certificate expiration date(s).
(2)
A certificate holder may request that his or her certificate be placed in voluntary inactive status by making application to the department, paying the required fee as established by administrative order, and obtaining prior approval by the Board or a division thereof.
a.
A certificate holder may not elect voluntary inactive status if fines and fees imposed by the Board or a division thereof, a hearing officer under Chapter 8CC of this Code, or a civil or criminal court judge relating to his or her work in the trade, remain unpaid or are the subject of an investigation initiated by the Board, a division thereof, or the department.
b.
During the period of time in which the certificate is in voluntary inactive status, the certificate holder shall not engage in contracting. Tradesmen shall not act in the capacity of either a master, journeyman or maintenanceman, as defined under this chapter, while a certificate is in voluntary inactive status.
c.
The holder of a certificate in voluntary inactive status shall be required to pay the regular renewal fee for certification to revert to active status.
(3)
Failure to renew an active or voluntary inactive certificate at the time of renewal will result in the certificate being classified as involuntary inactive.
a.
A certificate which has become involuntary inactive under this subsection, and which has not become null and void as described in subsection (3)b., below, may be reactivated by application to the department; payment of an application fee established by administrative order for reactivation; and, by satisfactory proof to the Board or a division thereof that the certificate holder has submitted payment of the current renewal fee; payment of renewal fees as established by administrative order for each renewal period in which the certificate was involuntary inactive; payment of any penalty fees as established by administrative order; and completion of up to eight (8) classroom hours of continuing education for each year the certificate was inactive, as specified by the Board or a division thereof.
b.
Failure to reactivate an involuntary inactive certificate after two (2) consecutive renewal periods have lapsed will result in the certificate becoming null and void without further action of the Board.
(4)
The holder of a certificate which has become null and void may reapply to the Board or a division thereof for certification in accordance with this chapter or request reinstatment.
a.
The Board shall not reinstate a null and void license except where illness or undue hardship and a good faith effort to comply with the renewal requirements is demonstrated. The Board shall strictly construe and determine applicability for renewal based on documentation provided by the licensee.
b.
Where consent to reinstate is granted, completion of eight (8) classroom hours of continuing education for each year the certificate was involuntarily inactive, as specified by the Board or a division thereof and payment of renewal fees as established by administrative order for each renewal period in which the certificate was involuntary inactive shall be imposed.
(5)
When a contractor, qualifying agent or tradesman has been disciplined by the Board and the penalty imposed was a reprimand, monetary fine or restitution, or any combination of these penalties, the contractor, qualifying agent or tradesman shall submit to the Board sixty (60) days prior to the date the certificate is to expire in each renewal cycle, credit reports on the contractor, qualifying agent or tradesman to establish that he or she is otherwise maintaining the affirmative conditions of honesty, integrity and good character necessary for the issuance of a certificate. Failure to submit the credit report as required will result in the administrative suspension of the certificate until such time it is submitted and considered by the Board or a division thereof.
(6)
When a contractor, qualifying agent or tradesman has been disciplined by the Board or a division thereof and the penalty imposed is suspension of the certificate of competency for a period of time, the contractor, qualifying agent or tradesman shall submit to the Board sixty (60) days prior to the expiration of the term of suspension and each certificate renewal cycle a credit report on the contractor, qualifying agent or tradesman to establish that he or she is otherwise maintaining the affirmative conditions of honesty, integrity and good character necessary for the issuance of a certificate. Failure to submit the credit report as required will result in the administrative suspension of the certificate until such time it is submitted and considered by the Board.
(7)
Upon filing a renewal application, after January 1, 1996 holders of personal certificates of competency as a maintenanceman, journeyman, or master who is not also a qualifying agent, or holders of a certificate of eligibility, whether in active or inactive status, must establish continuous employment in the trade by maintaining copies of all W-2 forms or other documents required to be filed by the Internal Revenue Service with their personal income tax return for the term about to expire. The certificate may be placed in involuntary inactive status if the required documentation as defined in Subsection 10-13 is not maintained. Certificate holders who have not maintained continuous employment in the trade with a contract or who have discontinued working in the trade for a period of twelve (12) months during the term of the certificate about to expire, shall have their certificates placed in involuntary inactive status unless they can show good cause to the board or a division thereof why they should continue in active status. This subsection shall not apply to municipal of county plan reviewers, building inspectors or building officials, who are actively employed during the term about to expire.
a.
A certificate which has become involuntary inactive under this subsection and has not become null and void may be reactivated by application to the department; payment of an application fee for reactivation as established by separate administrative order; satisfactory proof to the board or a division thereof that the certificate holder has obtained employment in the trade and maintained a reputation for honesty, integrity and good character; payment of the current renewal fee, renewal fees for each renewal period in which the certificate was involuntary inactive and any penalty fees established by separate administrative order; and, completion of up to eight (8) classroom hours of continuous education for each year the certificate was inactive as specified by the board or a division thereof.
(8)
A qualifying agent who has reached the age of 65 may renew his/her certificate of competency at no cost and shall be excused from the continuing education requirement provided for in Section 10-13.1, provided that the qualifying agent has held the certificate of competency for at least 20 years, and has not been found guilty by the Construction Trades Qualifying Board, Board of Rules and Appeals, or a Special Master Appeal Hearing Officer, of a criminal/civil violation pertaining to this Code or Florida Statute 489 during the 20 year period immediately preceding this application for exemption. The qualifying agent shall apply in person for the subject renewal.
(c)
Voluntary Inactive Status of Armed Forces Members. Any member of the Armed Forces of the United States on active duty who requests voluntary inactive status and provides documentation to the Board and, at the time of becoming such a member, was entitled to practice or engage in his or her trade in Miami-Dade County and whose license was in good standing with the Board and is no longer acting as a contractor for profit, shall be kept in good standing by the Board without renewing or paying the regular renewal fee and shall not be required to complete continuing education requirements as long as he or she is a member of the Armed Forces of the United States on active duty and for a period of six (6) months after discharge from active duty.
(Ord. No. 59-41, 11-3-59; Ord. No. 67-82, § 1, 10-17-67; Ord. No. 76-70, § 4, 7-20-76; Ord. No. 91-116, § 1, 10-1-91; Ord. No. 95-47, § 1, 4-4-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 6, 9-3-98; Ord. No. 99-10, § 1, 1-21-99; Ord. No. 05-89, § 1, 5-3-05; Ord. No. 13-08, § 1, 2-5-13; Ord. No. 13-86, § 1, 9-17-13; Ord. No. 18-26, § 1, 3-6-18)