§ 5-5. Contractor advertising regulations.

(a)

Short title. This section shall be known as the "Polk County Contractor Advertising Regulation".

(b)

Purpose. The purpose of this section is to protect the public health, safety and welfare from activities such as misleading, deceptive, and injurious advertisements, publications and internet web-sites regarding contractors.

(c)

Definitions.

Advertisement. Information communicated to the public whether or not for a fee by any newspaper, airwave transmission, phone director, announcement, circular, internet website or other medium which is displayed, circulated, distributed, marketed or transmitted within Polk County, which specifically includes the name and/or address or the phone number of a contractor. It shall not be a violation of this section to list contractors in the alphabetical listing in telephone directories without displaying a certification number including the associated complimentary listing in the yellow pages.

Contractor. A person, firm, partnership, corporation, or other entity who, for compensation, undertakes to solicit, submit a bid to, or does himself or by others construct, repair, alter, remodel, add to, subtract from, or improve any building or structure, including related improvements to real estate. Contractors are deemed to include, but shall not be limited to, persons providing building, electrical, gas, mechanical plumbing, sheet metal, roofing, swimming pools, underground utility, solar, pollutant storage, aluminum specialty and alarm services.

Classes of certificates of competency. The Polk County contractor licensing board issues the following classes of certificates of competency;

(1)

Building contractor.

a.

General contractor competency, Class A.

b.

Building contractor competency, Class B.

c.

Residential contractor competency, class C.

(2)

HARV contractor.

a.

HARV Class A contractor.

b.

HARV class B contractor.

c.

Mechanical contractor.

d.

Sheet metal contractor.

(3)

Irrigation contractor.

(4)

Plumbing contractor.

(5)

Gas contractor.

(6)

Electrical contractor.

(7)

Swimming pool/spa contractor.

(8)

Swimming pool/spa service contractor.

(9)

Roofing contractor.

(10)

Solar water heating contractor.

(11)

Underground utility contractor.

(12)

Aluminum specialty structures contractor.

(13)

Demolition contractor.

Publisher. A person or company whose business is the publishing of books, periodicals, newspapers, circulars or similar documents, or a person that designs and establishes internet web-sites.

(d)

Prohibited activity. No person, firm, partnership, corporation or other legal entity may knowingly cause to be published an advertisement in any publication which is circulated, displayed, distributed or marketed within the incorporated and unincorporated portions of Polk County, which advertisement identifies a contractor offering services regulated by Chapter 489, Florida Statutes, and/or ordinances 90-16, 92-03, 02-03, Polk County, Florida, as hereinafter amended, unless the advertisement includes the state license or certificate of competency number issued to that contractor. The person, firm, partnership, corporation or other legal entity seeking to place the advertisement must furnish proof of licensure to the publisher/advertiser. An advertisement is deemed to include any announcement, listing, display, entry or other written statement of whatever nature or kind, and specifically to include a name and address or telephone number which describes or encompasses services regulated by Chapter 489, Florida Statutes, or Polk County ordinances 90-16, 92-03 and 02-03, as hereinafter amended.

(e)

Penalty. Violations of this section shall be prosecuted in accordance with Section 125.69, Florida Statutes.

(f)

Administration. The director of the building inspections division may promulgate rules and regulations to carry out terms of this section.

(Ord. No. 05-009, §§ 1—6, 3-2-05)

Editor's note

Ordinance No. 05-009, adopted March 2, 2005, enacted provisions similar to those of § 5-5; and at the discretion of the editor, these provisions have been treated as superceding those of said section. Former § 5-5 derived from Ord. No. 93-49, adopted Dec. 7, 1993.

Cross reference

Contractor licensing provisions, § 5-301 et seq.