§ 9-164. License application.

(a)

Application; sole proprietor. If an individual proposes to engage in contracting as a tree trimmer in the individual's own name, or a fictitious name where the individual is doing business as a sole proprietor, the individual shall submit an application in writing to the County containing the statement that the applicant desires either Class A or Class B Tree Trimmer licensure on a form containing the information prescribed by the County. The sole proprietor must possess a reputation for honesty, integrity, and good character, which may be determined from the information contained in letters of reference and the information required by Subsection (8) below. The application shall be signed and verified under oath by the applicant for sole proprietor licensure. The following information shall be provided by the applicant:

(1)

Name, residence, and business address of applicant;

(2)

At least three (3) notarized letters from persons with firsthand knowledge of the applicant or one (1) notarized letter from a licensed Broward County tree trimmer or other certified professional arborist in the forestry or landscape industry attesting to the work experience of the applicant;

(3)

The names and addresses of at least three (3) local residents, not related to the applicant, who can attest to the character and reputation of the applicant;

(4)

Two (2) recent passport-size photographs of the applicant;

(5)

At least one (1) credit reference for the applicant which shall not be over ninety (90) days old;

(6)

If the applicant is applying for a Class A Tree Trimmer License, the applicant shall provide a copy of the International Society of Arboriculture Arborist Certification or a copy of the registration demonstrating that the applicant is a Registered Consulting Arborist with the American Society of Consulting Arborists;

(7)

If the applicant is applying for a Class B Tree Trimmer License, the applicant shall provide evidence that the applicant has successfully completed the training course offered by the Broward County Extension Education Section, or any successor agency, or completed an equivalent substitute training course, and passed the examination offered by the Broward County Extension Education Section, or any successor agency;

(8)

The applicant shall indicate on the application whether the applicant has:

a.

Been convicted of, found guilty of, or entered a plea of nolo contendere or guilty to, regardless of the adjudication of guilt, including adjudication withheld, a first degree misdemeanor or a felony, which, if committed or done by a licensed tree trimmer under this article, would be grounds for suspension or revocation of such license;

b.

Been convicted of, found guilty of, or entered a plea of nolo contendere or guilty to, regardless of the adjudication of guilt, including adjudication withheld, a misdemeanor or a felony involving dishonesty, fraud, or deceit, which is directly related to the professional responsibilities of a contractor;

c.

Been found to be in violation of the Broward County Code of Ordinances;

d.

Been served with a current demand to cease and desist or a stop work order by the director of the Division, or designee, or a hearing officer;

e.

Been convicted of, found guilty of, or entered a plea of nolo contendere or guilty to, regardless of the adjudication of guilt, including adjudication withheld, a felony or offense involving moral turpitude, which is directly related to the professional responsibilities of a contractor and the applicant has not been discharged from probation or parole; or

f.

Failed to pay a civil penalty for a citation issued pursuant to the requirements of this article; and

(9)

Such other information as the County may deem necessary to complete its investigation of the application.

(b)

Application; business organization. An applicant, which engages in business, contracts, or subcontracts as a business organization in any name other than the applicant's legal name or as a sole proprietor, shall submit an application in writing to the County containing the statement that the applicant desires either Class A or Class B Tree Trimmer licensure of the business organization on a form containing the information prescribed by the County. Each member of the business organization and all officers, directors, partners, and supervisors must possess a reputation for honesty, integrity, and good character, which may be established by letters of reference and the information required by Subsection (8) below for any member, officer, director, supervisor, partner, or other responsible individual of the business organization. The application shall be signed and verified under oath by the chief executive officer or other authorized corporate officer of the business organization. The following information shall be provided:

(1)

The name and address of the business organization;

(2)

If the business organization is a partnership, the names of the partnership and of its partners shall be listed. If the business organization is a corporation, the names of the corporation and of its officers and directors and the names of each of its stockholders who are also officers or directors shall be listed. If the business organization is a business trust, the names of the business trust and its trustees shall be listed. If the business organization is another legal entity, the names of such other legal entity and its members shall be listed. The application must also state the fictitious name, if any, under which the business organization is doing business. The residence address of all officers, directors, partners, and trustees and their respective share of interest in the business organization shall be listed; except that the general shareholders of public corporations do not have to be included in an application. if the business organization is a partnership, corporation, business trust, or other legal entity, a license of incorporation, trust agreement, partnership agreement, or other evidence of the business organization's legal existence and evidence of statutory compliance, if a fictitious name is used, shall be attached to the application;

(3)

A notarized affidavit signed by the chief executive officer or other authorized corporate officer stating that the business organization has a sufficient number of trained persons employed by the business organization, or intends to subcontract with licensed tree trimmer subcontractors, to ensure that a trained person is present at all times on each job site when tree trimming is in progress;

(4)

At least one (1) credit reference for the applicant, which shall not be over ninety (90) days old;

(5)

At least three (3) notarized letters from persons with firsthand knowledge of the applicant or one (1) notarized letter from a licensed Broward County tree trimmer or other certified professional arborist in the forestry or landscape industry attesting to the work experience of the business organization;

(6)

If the business organization is applying for a Class A Tree Trimmer License, the business organization shall provide the name and business address of the person affiliated with the business organization who is either certified by the International Society of Arboriculture Arborists or is a Registered Consulting Arborist with the American Society of Consulting Arborists and also a copy of the certification or registration;

(7)

If the business organization is applying for either a Class A or Class B Tree Trimmer License and does not intend to subcontract with licensed tree trimmer subcontractors, the business organization shall provide evidence that a sufficient number of employees have successfully completed the training course offered by the Broward County Extension Education Section, or any successor agency, or completed an equivalent substitute training course and passed the examination offered by the Broward County Extension Education Section, or any successor agency;

(8)

The applicant shall indicate on the application whether the provisions of Subsections 9-164(a)(8)a. through f. apply to any officer, director, partner, supervisor, or other responsible individual of the business organization; and

(9)

Such other information as the County may deem necessary to complete its investigation of an application.

(c)

Application; governmental agency. Each governmental agency, which requires its employees to trim trees, shall submit an application in writing for a Class A or Class B Tree Trimmer License to the County on a form containing the information prescribed by the County. Tree trimmer licenses shall be issued in the name of the governmental agency. Governmental agencies shall not be required to provide evidence of insurance. The application shall be signed and vertified under oath by a person authorized to submit such an application on behalf of the governmental agency. The following information shall be provided:

(1)

The name and address of the governmental agency;

(2)

A notarized affidavit signed by an authorized person stating that the governmental agency has a sufficient number of trained persons employed by the governmental agency, or intends to subcontract with licensed tree trimmer subcontractors, to ensure that a trained person is present at all times on each job site when tree trimming is in progress;

(3)

If the governmental agency is applying for a Class A Tree Trimmer License, the governmental agency shall provide the name and business address of the employee who is either certified by the International Society of Arboriculture Arborists or is a Registered Consulting Arborist with the American Society of Consulting Arborists and also a copy of the certification or registration;

(4)

If the governmental agency is applying for either a Class A or Class B Tree Trimmer License and does not intend to subcontract with licensed tree trimmer subcontractors, the governmental agency shall provide evidence that a sufficient number of employees have successfully completed the training course offered by the Broward County Extension Education Section, or any successor agency, or completed an equivalent substitute training course and passed the examination offered by the Broward County Extension Education Section, or any successor agency; and

(5)

Such other information as the County may deem necessary to complete its investigation of an application.

(d)

As part of the application process, each sole proprietor and business organization shall provide the County with a certificate of insurance, reflecting a minimum of three hundred thousand dollars ($300,000.00) of commercial general liability insurance to include bodily injury and property damage. The following deductibles may be applied: $300,000.00 Limit of Liability - Maximum Deductible permitted $500.00; $500,000.00 Limit of Liability - Maximum Deductible permitted $1,000.00; $1,000,000.00 Limit of Liability - Maximum Deductible permitted $10,000.00. The applicant shall certify compliance with Chapter 440, Florida Statutes, Workers' Compensation Insurance, as amended. The Workers' Compensation Insurance shall be for tree trimmers. The policy(ies) of insurance shall be issued in the name of the applicant or the business organization. Broward County shall be named as additional insured. A copy of the required policy(ies) or a copy of a certificate of insurance shall be available for inspection at each site where tree trimming activities are in progress.

(e)

As part of the application process, each sole proprietor and business organization shall provide a signed affidavit that the license holder's employees are adequately trained regarding safety procedures in accordance with applicable federal and state law, including the federal Occupational Safety and Health Act of 1970 and 29 C.F.R., s. 1910.269, App. E, ANSI Z133.1, American National Standard Safety Requirements for Pruning, Trimming, Repairing, Maintaining, and Removing Trees, and for Cutting Brush.

(f)

The training and testing course offered by the Broward County Extension Education Section, or any successor agency, shall make reasonable accommodations for applicants who are not literate or whose first language is not English.

(g)

Misrepresenting or falsifying any information supplied to the County in the application for tree trimmer licensure which the applicant knew, or had reasonable grounds to know, was false shall be a violation of this article.

(h)

When an applicant is found to be unqualified for a tree trimmer license, the applicant shall be furnished with a statement containing the findings, a complete record of the evidence upon which the determination was based, and a notice of the rights of the applicant to an administrative review of the determination before a hearing officer.

(Ord. No. 2009-14, § 2, 3-24-09; Ord. No. 2013-37, § 1, 11-12-13)