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Orange County Orange County Consumer Fraud Unit Consumer Fraud Unit Unlicensed Contracting Unlicensed Contracting Citation Program Citation Program Associated Builders & Contractors Associated Builders & Contractors January 14, 2012 January 14, 2012

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Page 1: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

Orange County Orange County Consumer Fraud UnitConsumer Fraud Unit

Unlicensed Contracting Unlicensed Contracting Citation ProgramCitation Program

Associated Builders & ContractorsAssociated Builders & Contractors

January 14, 2012January 14, 2012

Page 2: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

Presentation OutlinePresentation Outline

• Background Background

• Citation & Fine ProcessCitation & Fine Process

• How can we work How can we work together ?together ?

• SummarySummary

Page 3: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

Presentation OutlinePresentation Outline

• BackgroundBackground

• Citation & Fine Process Citation & Fine Process

• How can we work How can we work together ? together ?

• Summary Summary

Page 4: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

• Unlicensed contractor activityUnlicensed contractor activity– fosters sub-standard constructionfosters sub-standard construction

– creates an economic burden for tax payerscreates an economic burden for tax payers

– violates F.S. 489 and Chapter 9, Orange County Codeviolates F.S. 489 and Chapter 9, Orange County Code

• Regulations did not provide penalties for Regulations did not provide penalties for unlicensed contractor activityunlicensed contractor activity

• Assistance requested by construction industry Assistance requested by construction industry groups and citizensgroups and citizens

• The citation process is consistent with the The citation process is consistent with the mission and operations of the Consumer Fraud mission and operations of the Consumer Fraud UnitUnit

BackgroundBackground

Page 5: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

Presentation OutlinePresentation Outline

• Background Background

• Citation & Fine ProcessCitation & Fine Process

• How can we work How can we work together ?together ?

• Summary Summary

Page 6: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

Citation & Fine Process

CitationsCitations

1.1. Investigation is initiated from citizen’s Investigation is initiated from citizen’s complaintcomplaint

2.2. Case file is opened, violator identifiedCase file is opened, violator identified

3.3. Violation is confirmed:Violation is confirmed:• Dept. of Business & Professional RegulationDept. of Business & Professional Regulation

• Orange County Building OfficialOrange County Building Official

• Statements / EvidenceStatements / Evidence

4.4. Citation is Issued: Citation is Issued: • ““Pay By” DatePay By” Date

• Appeals DateAppeals Date

Page 7: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

Citation & Fine Process

Appeal ProcessAppeal Process

• Building Codes Board of Adjustments Building Codes Board of Adjustments and Appeals (BCBAA) hears appeals and Appeals (BCBAA) hears appeals and renders determinationsand renders determinations

• Civil penalty not to exceed $500Civil penalty not to exceed $500

• If violator is a “no show,” their right to If violator is a “no show,” their right to appeal is waivedappeal is waived

• Ignored citations – collection actionIgnored citations – collection action

Page 8: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

Citation & Fine Process

Fines and Payment ProcessFines and Payment Process

• PaymentPayment• Cash, money order, or certified checkCash, money order, or certified check

• Revenue from fines is deposited in General FundRevenue from fines is deposited in General Fund

• Non PaymentNon Payment• Collection action by O.C. Consumer FraudCollection action by O.C. Consumer Fraud

• FinesFines• $75 - $250 per violation$75 - $250 per violation

• $500 for repeat violators$500 for repeat violators

Page 9: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

Presentation OutlinePresentation Outline

• Background Background

• Citation & Fine ProcessCitation & Fine Process

• How can we work How can we work together ?together ?

• Summary Summary

Page 10: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

How can we work together

• Reporting Unlicensed Activity• Unlicensed Activity Hotline: (407) 836-5960

• Main Office Number : (407) 836-2490

• By Fax: (407) 836-1210

• By e-mail: [email protected]

• In Person: Orange County State Attorney’s Office

(Orange County Courthouse Complex)

415 North Orange Ave, 1st Floor

• If a homeowner or business is affected, a formal complaint is required. To file a formal complaint, you can file online or print a Construction Complaint Form at our website www.ocfl.net or you can contact our offices and we’ll send you the form by mail.

Page 11: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

Presentation OutlinePresentation Outline

• Background Background

• Citation & Fine ProcessCitation & Fine Process

• How can we work How can we work together ?together ?

• Summary Summary

Page 12: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

SummarySummary

• 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.

• It requires a joint cooperative effort between the citizens , industry groups and government to address the issue of unlicensed activity.

• Revenue from fines offsets operating expenses.

Page 13: Orange County Consumer Fraud Unit Unlicensed Contracting Citation Program Associated Builders & Contractors January 14, 2012

Orange County Orange County Consumer Fraud UnitConsumer Fraud Unit

Unlicensed Contracting Unlicensed Contracting Citation ProgramCitation Program

Associated Builders & ContractorsAssociated Builders & Contractors

January 14,2014January 14,2014