§ 26-106. Created; composition; organization; meetings; and powers.

(a)

The Pinellas County Construction Licensing Board is created within the County of Pinellas, consisting of 21 members, two of whom are primarily engaged in business as general contractors; two of whom are primarily engaged in business as building contractors, two of whom are primarily engaged in business as residential contractors, one who is a Florida registered architect doing business in Pinellas County, one who is an electrical contractor, one who is a plumbing contractor, one who is a mechanical contractor, one who is a roofing or sheet metal contractor, one who is a swimming pool, aluminum or veneer specialty contractor, two fire marshals, the three building directors of the following: City of St. Petersburg, City of Clearwater and County of Pinellas, one North county building director from one of the following municipalities: Tarpon Springs, Dunedin, Oldsmar, Safety Harbor, Belleair, Belleair Bluffs, or Largo, one South county building director from one of the following municipalities: South Pasadena, Gulfport, Seminole, Kenneth City, or Pinellas Park, one Beach Community building director from one of the following: the Town of Belleair Beach, the Town of Belleair Shores, the City of Redington Beach, the City of North Redington Beach, the City of Madeira Beach, the City of Indian Rocks Beach, the Town of Indian Shores, the Town of Redington Shores, the City of Treasure Island, and the City of St. Pete Beach, and one consumer member who is a resident and citizen of Pinellas County and who is not and never has been a member or practitioner of any of the trades or professions regulated by the board or a member or practitioner of any closely related trade or profession. All members of the board shall be residents of Pinellas County and appointed by the chairman of the board of county commissioners.

(b)

(1)

To be eligible for appointment to the first board, each member, other than the building directors, the architect, and the consumer member, shall personally hold an unexpired certified license issued by the City of St. Petersburg or the City of Clearwater or the County of Pinellas or the State of Florida at the time of appointment; be actively engaged in their respective businesses and have been so engaged for a period of at least five consecutive years before the date of appointment; and be a citizen and resident of the county.

(2)

Each member of the board, other than the building directors, the architect and the consumer member, succeeding the original appointees shall possess the qualifications prescribed in subsection (b)(1).

(c)

Members of the board shall be selected as follows: The three building directors of the City of Clearwater, City of St. Petersburg and the County of Pinellas; one north county building director and one south county building director selected by the chairman of the board of county commissioners from the municipalities listed in subsection (a); one Beach Community building director appointed from a list of three nominees submitted by The Barrier Island Governmental Council; a Florida Registered Architect appointed from a list of three recommended architects submitted by the American Institute of Architects Florida Central Chapter, St. Petersburg and Clearwater Sections; two of whom are primarily engaged in business as general contractors from a list of five submitted by the Associated General Contractors of Mid-Florida, Inc.; two of whom are primarily engaged in business as building contractors from a list of five submitted by the Contractors and Builders Association of Pinellas County; two of whom are primarily engaged in the business as residential building contractors from a list of five submitted by the Contractors and Builders Association of Pinellas County; one who is an electrical contractor from a list of five supplied by the Electrical Council of Florida, Pinellas County Chapter; one who is a plumbing contractor from a list of five supplied by the Pinellas Association of Plumbing-Heating-Cooling Contractors, Inc.; two of whom are fire marshals, who shall be active members of the Tampa Bay Area Fire Marshals Association, from a list of five supplied by said association, one of whom shall serve an initial term of three years, the other to serve an initial term of two years, with successors to serve for a term of two years thereafter; one who is a mechanical or Class A air conditioning contractor from a list of five, supplied by the Refrigeration and Air Conditioning Contractors' Association ("RACCA"); one roofing or sheet metal contractor and one swimming pool, aluminum or veneer specialty contractor selected by the chairman of the board of county commissioners; one consumer member to be appointed by the chairman of the board of county commissioners in accordance with subsection (b)(1). The building director members from the City of Clearwater, from the City of St. Petersburg and Pinellas County, shall be permanent members of the board. All other members shall serve terms of two years. The following members shall commence their terms in even-numbered years: the Florida registered architect, one general contractor, one building contractor or, one residential building contractor, one electrical contractor, one fire marshal, the north county, south county, and Beach Community building directors. The following members shall commence their terms in odd-numbered years: One general contractor, one building contractor, one residential building contractor, one mechanical contractor, one plumbing contractor, one fire marshal, one roofing or sheet metal contractor, one swimming pool, aluminum or veneer specialty contractor, and one consumer member. As the terms of members expire, the Chairman of the Board of County Commissioners of Pinellas County shall appoint a member to fill the vacancy for a term of two years in the same manner as that membership was originally filled. The architect, contractor, electrical, plumbing and mechanical members shall be selected from the county at large. The board shall elect one of its members to serve as chairman and one of its members to serve as vice-chairman, for a term to be set by the board. All terms of office expire on September 30 of the last year of the term. Vacancies in the membership occurring prior to the end of a member's term for any cause shall be filled by appointment in the same manner as that membership was originally filled.

(d)

The board shall meet regularly as needed. Special meetings of the board may be held as the board provides in its rules and regulations. A majority of the members of the board constitutes a quorum.

(e)

The board is authorized to adopt rules and regulations in accordance with F.S. § 162.08 to carry out the provisions of this division.

(f)

Any member of the board or duly appointed hearing officer designated by the board may administer oaths and take testimony about all matters within the jurisdiction of the board, issue subpoenas which shall be supported by affidavit, serve subpoenas and other process, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence. F.S. ch. 120 will govern hearings conducted by or on behalf of the board. The board is designated an "agency" as defined in F.S. § 120.52(1)(c) for purposes of utilizing the division of administrative hearings of the department of administration.

(g)

The board is authorized to employ personnel and incur expense as necessary to perform its duties and enforce this division and shall sue and be sued in its official name.

(h)

The board shall adopt a seal for its use containing the words "Pinellas County Construction Licensing Board."

(i)

The board is authorized to waive any examination requirements for certification or registration of a contractor or journeyman, except that all required insurance coverages shall not be waived.

(j)

The board shall be empowered to issue cease and desist orders in accordance with F.S. § 489.113 to prohibit any person from engaging in the business of contracting who does not hold the required certification or registration for the type of work being performed under this division.

(j)

The board shall be empowered to employ investigators or inspectors to enforce the provisions of this division and to issue citations in accordance with F.S. § 489.127(3) for violations of this division.

(k)

The board is authorized, for good cause shown, to establish such other reasonable classifications of contractors or journeymen in the construction industry as are required or requested by any city or county building department in addition to those specifically enumerated herein, including, but not limited to: aluminum contractors, swimming pool contractors, gas contractors, roofing contractors and carpentry contractors. Certification and registration of such contractors or journeymen shall be on a countywide basis in accordance with the procedures governing other contractors as set forth in this division.

(l)

The board is authorized, for good couse shown, to establish such other reasonable classifications of contractors or journeymen in the construction industry as are required or requested by any city of county building department in addition to those specifically enumerated herein, including, but not limited to: aluminum contractor, swimming pool contractors. Gas contractors, roofing contractors and carpentry contractors. Certification and registration of such contractors or journeymen shall be on a countywide basis in accordance with the procedures governing other contractors as set forth in this division.

(Laws of Fla. ch. 75-489, § 12; Laws of Fla. ch. 89-504, § 1; Laws of Fla. ch. 93-387, § 2; Laws of Fla. Ch. 2003-319, § 1)