§ 20-176.41. Motor vehicle body repair and body painting license required.

(a)

It shall be unlawful for any person for compensation or as part of a regularly conducted business activity to repair, restore, reconstruct, rebuild, paint, refinish or repaint a motor vehicle (hereinafter "restore") without first obtaining and maintaining a current and valid license and/or certification pursuant to the provisions of this division. Each repair facility shall employ at least one (1) certified technician in the category(ies) for which each facility is licensed.

(b)

[Repealed by Ord. No. 92-36, § 2.]

(c)

Existing repair facilities shall have eighteen (18) months within which to comply with the requirements of this division. Repair facilities that begin operation after the effective date of this division [March 25,1991] shall meet all requirements of this division at the commencement of the business enterprise.

(d)

It shall be unlawful for any person for compensation or as part of a regularly conducted business activity to advertise to restore a motor vehicle without first obtaining and maintaining a current and valid license pursuant to the provisions of this division. Any advertisement, including advertisements and telephone listings in any and all "Yellow Pages," shall include the license number issued pursuant to this division.

(e)

If the certified technician employed by the repair facility leaves the employ of the repair facility, the repair facility shall notify the CAD and shall have sixty (60) days following the termination of the certified technician within which to obtain the services of a subsequent certified technician.

(f)

The director of the CAD may refuse to validate, or may recommend to invalidate, temporarily or permanently, the licensing of any repair facility that commits, or whose employees, partners, or officers commit, any of the following acts:

(1)

Making or authorizing in any manner or by any means any written or oral statement to a customer or potential customer which is untrue or misleading and which is known or which by the exercise of reasonable care should be known to be untrue or misleading.

(2)

Causing or allowing a customer to sign any document in blank relating to the repair or painting of a motor vehicle in contravention of the Motor Vehicle Repair Act, § 559.901, F.S. et seq.

(3)

Failing or refusing to give a customer a copy of any document requiring his or her signature as soon as the customer signs the document in contravention of the Motor Vehicle Repair Act, § 559.901, F.S. et seq.

(4)

Engaging in any other conduct which constitutes fraud or dishonest dealing.

(5)

Engaging in conduct which constitutes gross negligence.

(6)

Making any false promises of a character likely to influence, persuade or induce a customer to authorize the repair or painting of a motor vehicle.

(7)

Failing to adhere to the requirements of any and all applicable federal, state and local environmental regulations.

(g)

Nothing in this article shall be construed to prevent a natural person from working in an employment relationship for another person holding a valid license under this division; provided, however, that any person who is an independent contractor and not an employee of a licensed person is also subject to all requirements and provisions of this division.

(Ord. No. 91-12, § 1, 3-12-91; Ord. No. 92-10, § 3, 4-14-92; Ord. No. 92-36, § 2, 9-8-92)