HomeMy WebLinkAboutP. County Attorney
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17, 2010
Division: County Attorney
Bulk Item: Yes -K-
No
Department: County Attorney
Staff Contact Person!
Phone #: Suzanne Hutton!#3473
AGENDA ITEM WORDING:
Approval to advertise a public hearing for an ordinance creating the Key Largo Special Recreational
District.
ITEM BACKGROUND:
A group of citizens known as the Key Largo Recreation Committee has been working on the creation of
a special recreation district since late 2008. In December 2009, they requested Mayor Murphy to take
such steps necessary for the BOCC to address the adoption of an ordinance subject to referendum in
order for such a district to be formed. Their request is in the back-up.
PREVIOUS RELEVANT BOCC ACTION:
2/17/10 BOCC continued this item to 3/17/10 at the request of the County Attorney to address a
possible solution for the problem which previously resulted in a recommendation that, if created, the
district be a dependent district
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
No recommendation.
TOTAL COST: Approximately $50.000 every time there is a special election for Board of Supervisors.
INDIRECT COST: To date approximately $15.000: approximately $1.000 (SOE): approximately $1.000
(CAY) as local attorney has volunteered to do most ofthe legal work pro bono to vet the process through
DOl
BUDGETED: Yes _No .1L
DIFFERENTIAL OF LOCAL PREFERENCE: n!a
COST TO COUNTY: nJa
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty 11(
DOCUMENTATION: Included
SOURCE OF FUNDS:
AMOUNTPERMONTH_ Year
O:MB/Purchasing _ Risk Management _
X Not Required_
DISPOSITION:
Revised 7/09
AGENDA ITEM #
Mayor Murphy
ORDINANCE NO. - 2010
AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER
22, ARTICLE VII, PROVIDING FOR CREATION OF AN
INDEPENDENT SPECIAL RECREATIONAL DISTRICT; PROVIDING
FOR AN ELECTED BOARD OF SUPERVISORS; PROVIDING FOR
POWERS OF DISTRICT; PROVIDING FOR AUTHORITY TO LEVY
AD VALOREM TAX AND ISSUE BONDS; PROVIDING FOR A
REFERENDUM QUESTION TO BE PLACED ON THE BALLOT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a group of citizens calling themselves the Key Largo Recreation
Committee have signed, in person or by proxy, a letter to Mayor Murphy requesting the
creation of a recreation district under Section 418.20, F.S., et.seq.; and
WHEREAS, the request sets forth certain provisions which the committee has
requested be incorporated into the ordinance; and
WHEREAS, language in Chapters 418 & 189, Florida Statutes require that some of
those requested provisions be modified to conform to state law; and
WHEREAS, the Board of County Commissioners has determined that it is the
interest of the residents of Key Largo to enact an ordinance which will become effective
only if approved by referendum of the registered voters in the affected area;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Chapter 22, Article VII, Section 22-130, et.seq., Monroe County Code, is hereby
created to read:
22-130. Purposes.
This ordinance shall be known as the Key Largo Special Recreational District
Ordinance. and shall serve as the charter of the district. The primary purpose of the
District shall be to provide the citizens and residents of the area included in the District
with publicly -owned and -operated recreational venues.
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Mayor Murphy
22-131. Definitions.
For purposes of this Article. the following definitions shall apply:
Board of Supervisors shall mean a seven-member board of supervisors which governs
and administers the business and affairs of the district.
Charter means the ordinance creating the Key Largo Special Recreational District
Ordinance. as it shall from time to time be amended by ordinance subject to referendum.
District means the Key Largo Special Recreational District Ordinance. the special park
and recreation district established hereunder.
Elector means a voter registered to vote in accordance with Chapter 97. Florida Statutes.
Land authority means the Key Largo Special Recreationa~ District
Recreational Special District Registered Voter means a person who foreach election for
the board of supervisors qualifies to vote pursuant to Section 22-133(b)(ii) of this
Article.
Supervisor means one of the members of the Board of Supervisors.
22-132. Kev Lanw Recreational District - Created.
There is hereby created. pursuant to Sections 418.20-418.26. Florida Statutes. and in
conformity with Chapter 189. Florida Statutes. an independent special district which
shall be named the Key Largo Recreational District. subject to a referendum vote of the
electors within the district. which shall have the territory within the unincorporated area
of Monroe County that includes all of Cross Key south of the Miami-Dade/Monroe
County line. and all of Key Largo south of the intersection of the right-of-way County
roads 905 and 905A. to Tavernier Creek.
22-133. Same- Governin2: Bodv.
Pursuant to chapter 418. Florida Statutes. the business and affairs of the district shall be
governed and administered by a seven-member board of supervisors elected from among
the residents of the district.
(a) Initial Election - The seven members of the initial board shall be elected on January
11. 2011. after this ordinance is approved by referendum. in an election conducted and
supervised by the Supervisor of Elections of Monroe County. Persons desiring to have
their name on the ballot for election to the Board of Supervisors shall be qualified
electors within the district and shall qualify by presenting to the Supervisor of Elections
of Monroe County between November 17. 2010. at noon. and November 19, 2010. at
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Mayor Murphy
noon. a $25 qualifying fee. or in lieu of the qualifying fee. shall. by November 10. 2010.
at 5 P.M.. submit to the Supervisor of Elections of Monroe County a petition which is
signed by the applicant and not less than 25 persons who are registered voters in the
district. Prior to November 17, 2010. at noon. the Supervisor of Elections shall notify the
petitioner pursuant to the means of communication designated by the petitioner if it is
determined that there are less than 25 signatures of registered voters. The terms shall be
staggered such that those four candidates who receive the highest number of votes in the
initial election shall serve four-year terms. The remaining tIuee candidates who are
elected to the Board shall serve two-year terms. The succeeding terms for those three
seats shall be four-year terms after the initial two-year terms are served.
(b) Date of Elections after 2011. All elections held after 2011 shall be held on the last
Tuesday of January in odd-numbered years.
(c) All Elections -
(1) All persons desiring to be placed on an election ballot for the Board of
Supervisors shall submit to the Supervisor of Elections of Monroe County:
(i) a $25 qualifying fee between 9 AM on the first Tuesday of December in the
even-numbered year preceding the election and 5 P.M. on the Thursday immediately
following said Tuesday. or
(ii) a petition signed by the applicant and not less than 25 registered voters in the
district no later than one week prior to the Thursday designated in sub-paragraph (i)
above.
(2) All submissions and applications to the Supervisor of Elections shall occur at the
Key Largo Office of the Supervisor of Elections. No applications. fees or petitions
may be submitted to any other office of the Supervisor of Elections.
(3) Notice of the election setting forth the names of persons proposed to be on the
Board of Supervisors shall be given by the Supervisor of Elections through
publication one time at least ten days prior to such election. in a newspaper of
general circulation in the district.
(4) Each property owner or resident eighteen years or older in the district has the
right to vote. on the basis of one vote per person regardless of the number of
properties owned, in the election and shall meet the following requirements in
order to vote in a special election for the board of supervisors:
(i)
(ii)
Be a registered voter in the District~ or
If not qualified to be a registered voter for purposes of general
elections. each time an election for the board of supervisors is to be
conducted. become a Recreational Special District Registered Voter
Qy;.
a. Between December 1 and December 15 of the even-numbered
year preceding the election. with Friday the 14th being the last
day for application should the 15th fall on a Saturday and
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Mayor Murphy
Monday the 16th being the last day for application should the
15th fall on a Sunday. applying for special registration status by
submitting proof of identification, proof that age will be 18
years or older as of the election date, and either proof of
ownership of property within the District or proof of residency
within the District.
b. Proof of property ownership shall include a copy of the
property card from the Property Appraiser's Office_with a
notarized affidavit that the property has not been sold or title
otherwise divested from the applicant as of the date of
application.
c. Proof of residency shall include at least two of the following:
lease. utility bill. affidavit from property owner that property is
leased to applicant without written lease or with utilities
included in rent. and driver's license.
(5) The available governing board positions shall, be filled by those candidates
receiving the highest vote totals. There shall be no run-off elections. In the event
of a tie. the determination of the winning candidate shall be by draw from a hat.
(c) Members of the board of supervisors shall serve without compensation.
@ In the event an elected supervisor cannot complete his or her term of office. a
replacement may be appointed by the remaining Board of Supervisors until the next regularly
scheduled election of supervisors.
22-134. Same - Powers of.
The Key Largo Recreational District shall have the following powers:
(a) To sue and be sued and to have a corporate seal.
(b) To contract and be contracted with.
(c) To acquire, purchase. construct, improve. and equip recreational facilities of all types.
including real and personal property, within the boundaries of the district: such acquisition
may be by purchase, lease. gift, or exercise of the power of eminent domain.
(d) To issue bonds. secured by ad valorem taxes or by pledge of both such taxes and other
revenues of the district, if approved at a referendum held in such district. and to levy and
collect ad valorem taxes. not to exceed .25 mills. on all real property subject to taxation
within such district in order to pay the principal of and interest on such bonds as the same
respectively fall due or to accumulate a sinking fund for the payment of principal and interest.
The referendum required by this section may be held on the same day as any other
referendum related to the district: provided that such bonds shall bear interest at a rate
pursuant to Section 215.84, Florida Statutes. and be sold at public sale. In the event an offer
of an issue of bonds at public sale produces no bid. or in the event all bids received are
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Mayor Murphy
rejected. the district is authorized to negotiate for the sale of such bonds under such rates and
terms as are acceptable~ provided that no such bonds shall be sold or delivered on terms less
favorable than the terms contained in any bids rejected at the public sale thereof or the terms
contained in the notice of public sale if no bids were received at such public sale.
(e) To operate and maintain recreational facilities or to enter into arrangements with others
for such operation and maintenance pursuant to contract. lease. or otherwise.
(f) To establish. charge, and collect fees for admission to or use of recreational facilities and
to apply such fees to the operation. maintenance, improvement, enlargement, or acquisition
of recreational facilities or to the payment of bonds or revenue bonds of the district.
(g) To issue revenue bonds payable solely from the revenues to be derived from recreational
facilities owned or operated by such district if approved at a referendum held in such district~
provided that such bonds shall bear interest at a rate pursuant to Section 215.84, Florida
Statutes, and be sold at public sale. In the event an offer of an issue of bonds at public sale
produces no bid. or in the event all bids received are rejected. the district is authorized to
negotiate for the sale of such bonds under such rates and terms as are acceptable~ provided
that no such bonds shall be so sold or delivered on terms less favorable than the terms
contained in any bids rejected at the public sale thereof or the terms contained in the notice of
public sale if no bids were received at such public sale.
(h) To adopt and enforce rules for the use of the recreational facilities owned or operated by
the district.
(i) To employ all personnel deemed necessary for the operation and maintenance of the
facilities of the district.
(D To invest any funds held by the land authority not required for immediate disbursement
in such investments as may be authorized for trust funds under F.S. ~ 215.47 and in any
investment made on behalf of the land authority by the state board of administration or by
another trustee appointed for the purpose.
(k) To contract for and to accept in any form whatsoever gifts. grants, loans or other aid and
assistance from the United States government. the state, the county. or any other person.
association or corporation.
(1) To ensure and procure insurance against any loss in connection with any action of the
land authority. including the issuance of bonds and to pay premiums therefore.
(m) To employ personnel, including an executive director, as are necessary and convenient
to carry out the purposes of this article and the land authority.
(n) To engage the services of private consultants on a contract basis as is necessary and
convenient to carry out the purposes of this article~
2-135. Same - Limitations on power.
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Mayor Murphy
Any changes to this charter shall be made by the Board of County Commissioners of Monroe
County and approved by the electors in the district. and may include limitations on power
granted by the charter but shall not result in impairing the ability of the district to carry out
any contract made by the district prior to the adoption of such restriction.
22-136 Same--Meetine:s.
(a) Meetings. A meeting of the board of supervisors of the district shall be held upon the
call of the chair or at the request of three members of the board of supervisors. All meetings
shall be open to the public. and notice of meetings of the authority shall be given as required
by Ch. 289. Florida Statutes. At least one meeting shall be held quarterly.
(b) Quorum and voting. A majority of the governing body of the board of supervisors shall
constitute a quorum~ provided, however. that no action shall be taken by an affirmative vote
of less than a majority of the total membership of the governing body.
(c) Exvenses. Members of the board of supervisors shall receive no compensation for
services, but shall be entitled to necessary expenses. including per diem and travel expenses
incurred in the discharge of official duties. as provided bydaw.
(d) Attendance. Only members physically present at a meeting may be counted for purposes
of establishing a quorum.
22-137 Same-- Title to and Disposal of Property.
(a) All real property acquired by the Key Largo Recreational District shall be titled in the
name of the District.
(b) A referendum of the electors in the district shall be required to approve the sale or trade
of any real property owned by the District.
( c) In the event the District is dissolved. title to all property owned by the District which is
within the boundaries of an incorporated municipality shall be transferred to that
municipality~ and title to all property owned by the District which is within the
unincorporated county shall be transferred to Monroe County.
(d) The Key Largo Recreational District shall be dissolved only by a referendum vote of a
majority of the electors in the District or by act of the State.
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
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Mayor Murphy
conform to the uniform numbering system of the code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on August 24, 2010,
provided that this Ordinance shall be filed with the Department of State as provided in section
125.66(2), Florida Statutes, and that it is approved by referendum of voters in the district.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the _th day of ,2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
KL Spec. Rec. Dist.
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O~~rY ~o~~~E-
(305) 294-4641
(~.~ r-r--
Suzanne A. Hutton, County Attorney**
Robert B. Shillinger, Chief Assistant County Attorney **
Pedro J. Mercado, Assistant County Attorney ....
Susan M. Grimsley, Assistant County Attorney **
Natileene W. Cassel, Assistant County Attorney
Cynthia L. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
Lisa Granger, Assistant County Attorney
*
** Board Certified in City, County & Local GOY!. Law
February 2, 2010
TO:
County Commissioners
County Administrator
Suzanne Hutton ~
County Attorney
FROM:
RE:
Key Largo Special Recreational District Ordinance
BOARD OF COUNTY
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tem Heather Carruthers,
District 3
Kim Wigington, District 1
George Neugent, District 2
Marlo Di Gennaro, District 4
Office of the County Attorney
111112'b Street, Suite 408
Key West, FL33040
(305) 292-3470 - Phone
(305) 292-3516 - Fax
The back-up includes the state statutes regarding the special recreational district which has been
requested to be formed.
The recommendation of staff is contrary to the desires of the Key Largo Recreation Committee,
whose request is also included in the back-up, and was reached only after research by, and
discussion between, the County Attorney and the Supervisor of Elections.
The state statute says that the ordinance must provide that "each property owner or resident in
the district has the right to vote in the election." Sec. 418.21(2)(a), F.S. Section 418.20, F.S.,
states the referendum to approve the creation of the district has to be approved by a vote of the
electors in the district. Since that statute requires the vote to be by registered voters, and the
subsequent section states property owners or residents, it is clear that some class of people other
than registered voters must be empowered to vote on the board of supervisors. The ordinance as
drafted uses the exact language of the statute, to wit: "each property owner or resident."
Arguably, it could use either property owners or residents, but if so, the statute should specify
either/or.
The debate as to who votes has been visited by approximately 10 other jurisdictions. Six of the
twenty-two special recreation districts are dependent. Other than the independent districts which
have been created solely by ordinance and referendum for mobile home park recreation districts
under a subsequent set of statutes, it appears that all independent special recreation districts have
been created by special acts of the state legislature. The Supervisor of Elections in Sarasota
County cited the difficulty in ascertaining who could vote as the reason they went to the
legislature.
A special election will cost the taxpayers of the entire County, not just the District, thousands of
dollars. At this point, I do not have an estimate for a special election just in the district
boundaries, but the estimate last year for a county-wide special election was $160,000. Even if
the special election can be processed for 115 that amount, the $25 qualifying fees are not even a
drop in the bucket compared to the costs of the elections of the board of supervisors for as long
as the district exists.
Whether election is by a property owner or freeholder or by residents, either category does not
correspond to the registered voters. There will be persons not qualified to vote in the general
election who could vote for the board of supervisors. The logistics of operating the polls would
require that the election of board of supervisors be kept separate from general elections.
Due to the difficulties and costs of elections required for an independent board of supervisors, it
is recommended that if an ordinance is passed to create a special recreation district, that it be a
dependent district with the county commission sitting as the board of supervisors.
Key Largo Recreation Committee
Dec. 11, 2009
The Honorable Sylvia Murphy
Mayor of Monroe County
Dear Mayor Murphy:
Section 418.20, Florida Statutes, authorizes each county to create one or more
recreation districts comprising the whole or any part of the unincorporated areas by
ordinance, approved by a vote of the electors in the district with the ordinance, as it
may be amended by the BOCC and approved by a vote of the electors in the district,
which shall constitute the charter of the recreation district.
We, the undersigned, hereby request that the Monroe Board of County
Commissioners pass an ordinance, subject to referendum, to create a Key Largo
Recreation District that would accomplish the following':
1. The Key Largo Recreation District (hereafter referred to as the KLRD), an
independent district, would geographically cover the unincorporated area of Monroe
County from the Tavernier Creek Bridge on the south to the Monroe/Dade County
line on the north, with the exclusion of Ocean Reef Club and the Anglers Club.
2. The purpose of the district would be to provide its citizens and visitors with
publicly-owned and -operated recreational venues.
3. The Board of Supervisors would be composed of seven elected members who
reside within the district boundaries, who pay a $25 qualifying fee to the Supervisor
of Elections and qualify during the county's normal qualification period. The terms of
office shall be four years and staggered as follows: In the initial election, the four
candidates receiving the highest vote will receive four-year terms. The remaining
three candidates will receive two-year terms. Thereafter all elected candidates will
receive four-year terms. Supervisors shall be elected district-wide. In the event any
elected supervisor cannot complete their term of office, a replacement may be
appointed by the remaining Board of Supervisors to serve until the next regular
election.
(a) The voting for the approval of this ordinance shall be by a majority of the
registered voters residing within the district boundaries and shall also Include
approval for an ad valorem tax, not to exceed .25 mills per $100,000 for a period of
20 years, to be placed on the primary election ballot of August 2010.
(b) The voting for the election of thelBoard of Supervisors shall be held
among all registered voters within the district boundaries and shall be placed on the
ballot of the General Election November 2010.
(c) Members of the Board of Supervisors shall serve without compensation.
4. The charter of the Key Largo Recreation District created by this ordinance should
include those powers that may be deemed necessary or useful, including the
following:
(a) To sue and be sued and to have a corporate seal.
(b) To contract and be contracted with.
(c) To acquire, purchase! construct! improve, and equip recreational facilities
of all types, including real and personal property! within the boundaries of the
distrlcti such acquisition may be by purchase, lease or gift; whether the recreational
facilities shall be available exclusively for district residents and property owners, or
there should be restrictions on access to recreational facilities by nonresidents by
rules adopted by the governing body of the district apply and whether the recreation
district shall be available exclusively for the district residents. The recreation district
may construct and maintain security bulldings and other structures needed to
regulate access to, and provide security fort the recreational facilities.
(d) To issue bonds! secured by ad valorem taxes or by pledge of both such
taxes and other revenues of the district, if approved at a referendum held in such
district! and to levy and collect ad valorem taxes! without limitation or with such
limitation as may be Imposed by charter, on all real property subject to district
taxation within such district in order to pay the principal of and interest on such
bonds as the same respectively fall due or to accumulate a sinking fund for the
payment of principal and Interest. The referendum required by this section may be
held on the same day as any other referendum related,to the district; provided that
such bonds shall bear interest at a rate pursuant to s. 215.84 and be sold at public
sale. In the event an offer of an issue of bonds at public sale produces no bid, or in
the event all bids received are rejected, the district is authorized to negotiate for the
sale of such bonds under such rates and terms as are acceptable; provided that no
such bonds shall be sold or delivered on terms less favorable than the terms
contained in any bids rejected at the public sale thereof or the terms contained in the
notice of public sale if no bids were received at such public sale..
(e) To operate and maintain recreational facilities or to enter into
arrangements with others for such operation and maintenance pursuant to contract,
lease, or otherwise.
(f) To establish, charge, and collect fees for admission to or use of
recreational facilities and to apply such fees to the operation, maintenance,
improvement/ enlargement/ or acquisition of recreational facilities or to the payment
of bonds or revenue bonds of the district.
(g) To issue revenue bonds payable solely from the revenues to be derived
from recreational facilities owned or operated by such district if approved at a
referendum held in such districti provided that such bonds shall bear interest at a
rate pursuant to s. 215.84 and be sold at public sale. In the event an offer of an
issue of bonds at public sale produces no bid! or in the event all bids received are
rejected, the district is authorized to negotiate for the sale of such bonds under such
rates and terms as are acceptable; provided that no such bonds shall be so sold or
delivered on terms less favorable than the terms contained in any bids rejected at
the public sale thereof or the terms contained in the notice of public sale if no bids
were received at such public sale.
(h) To adopt and enforce rules for the use of the recreational facilities owned
or operated by the district.
(I) To employ all personnel deemed necessary for the operation and
maintenance of the facilities of the district.
S. Any venues obtained by the KLRD shall be titled in the name of the KLRD. A
referendum of the registered voters of the district shall be required to approve the
sale or trade of any venue owned by the KLRD. If the KLRD becomes defunct for any
reasonl all venues would become the property of the municipality within the
boundaries of the district. Any facility outside the municipal boundaries would
become property of Monroe County.
6. Dissolution of the KLRD shall take place only by referendum vote of a majority of
the voters of the district.
~~~
...r:- ~ -Jer'l:--~r
)
418.20 Creation of recreation districts authorized.--Each municipality and county in
the state is authorized to create one or more recreation districts comprising the whole of or
any part of the territory of said municipality and by counties only in the unincorporated
areas of each county. Each such district shall be established by ordinance approved by a
vote of the electors in the district in accordance with s. 165.041. Such ordinance, as it may
from time to time be amended by the governing body of said municipality or county and
approved by a vote of the electors in the district, shall constitute the charter of the
recreation district. The electors residing in a proposed district may petition the governing
body of the city or county to create a recreation district. If a majority of electors has signed
the petition, no referendum shall be required to create the district.
418.21 Governing body.--
(1) The governing body of a recreation district shall be determined by ordinance of the
municipality or county that created the district and must be either:
(a) A five-member or larger board of supervisors elected from among the residents of the
district, or
(b) The governing body of the municipality or county that created the district.
(2)(a) If the governing body is a board of supervisors, the ordinance must specify the date
of the election and must provide that each property owner or resident in the district has the
right to vote in the election. The ordinance may also provide for the staggering of terms of
the supervisors. The ordinance may also provide for the establishment of designated
geographic areas within the district from each of which are elected one or more members of
the board of supervisors to represent that area, provided the ordinance is made contingent
on approval by a majority vote of the electors in each designated area.
(b) Members of the board of supervisors shall serve without compensation.
(3) If the governing body is the governing body of the municipality or county that created
the district, that bOdy may appoint a district advisory board to advise it on all matters
relating to the district. Members of the advisory board shall serve without compensation.
418.22 Powers of recreation districts.--The charter of a recreation district may grant to
the recreation district the following powers and all further or additional powers as the
governing body of the municipality or county establishing the district may deem necessary
or useful in order to exercise the powers for which provision is hereinafter made. The
powers which may be granted by such charter include the following:
(1) To sue and be sued and to have a corporate seal.
(2) To contract and be contracted with.
(3) To acquire, purchase, construct, improve, and equip recreational facilities of all types,
including real and personal property, within the boundaries of the district; such acquisition
may be by purchase, lease, gift, or exercise of the power of eminent domain. If the
governing bOdy of the municipality or county that created the recreation district for
exclusive use by a condominium established under chapter 718 or a cooperative established
under chapter 719 makes the finding described in s. 418.24(4), the governing body of the
district may make the recreational facilities available exclusively for district residents and
property owners, and may restrict any access to recreational facilities by nonresidents by
rules adopted by the governing body of the district. Prior to any vote of the electors in the
district adopting or amending a charter pursuant to s. 418.20, the governing body shall
decide whether the criteria in s. 418.24(4) apply and whether the recreation district shall be
available exclusively for the district residents. The recreation district may construct and
maintain security buildings and other structures needed to regulate access to, and provide
security for, the recreational facilities.
(4) To issue bonds, secured by ad valorem taxes or by pledge of both such taxes and other
revenues of the district, if approved at a referendum held in such district, and to levy and
collect ad valorem taxes, without limitation or with such limitation as may be imposed by
charter, on all real property subject to city taxation within such district in order to pay the
principal of and interest on such bonds as the same respectively fall due or to accumulate a
sinking fund for the payment of principal and interest. The referendum required by this
section may be held on the same day as any other referendum related to the district;
provided that such bonds shall bear interest at a rate pursuant to s. 215.84 and be sold at
public sale. In the event an offer of an issue of bonds at public sale prOduces no bid, or in
the event all bids received are rejected, the district is authorized to negotiate for the sale of
such bonds under such rates and terms as are acceptable; provided that no such bonds
shall be sold or delivered on terms less favorable than the terms contained in any bids
rejected at the public sale thereof or the terms contained in the notice of public sale if no
bids were received at such public sale.
(5) To operate and maintain recreational facilities or to enter into arrangements with others
for such operation and maintenance pursuant to contract, lease, or otherwise.
(6) To establish, charge, and collect fees for admiSSion to or use of recreational facilities
and to apply such fees to the operation, maintenance, improvement, enlargement, or
acquisition of recreational facilities or to the payment of bonds or revenue bonds of the
district.
(7) To issue revenue bonds payable solely from the revenues to be derived from
recreational facilities owned or operated by such district if approved at a referendum held in
such district; provided that such bonds shall bear interest at a rate pursuant to s. 215.84 and
be sold at public sale. In the event an offer of an issue of bonds at public sale prOduces no
bid, or in the event all bids received are rejected, the district is authorized to negotiate for
the sale of such bonds under such rates and terms as are acceptable; provided that no such
bonds shall be so sold or delivered on terms less favorable than the terms contained in any
bids rejected at the public sale thereof or the terms contained in the notice of public sale if
no bids were received at such public sale.
(8) To adopt and enforce rules for the use of the recreational facilities owned or operated
by the district.
(9) To employ all personnel deemed necessary for the operation and maintenance of the
facilities of the district.
418.23 Limitation on power of districts.--The charter of any recreation district may
contain such limitations and restrictions on any of the powers named in s. 418.22 as the
governing body of the municipality or county may from time to time determine, but no such
restriction shall result in impairing the ability of a district to carry out any contract made by
such district prior to the adoption of such restriction.
418.24 Filing of ordinance.--Any ordinance creating or amending the charter of a
recreation district, upon being finally adopted, shall be filed in the minutes of the governing
body of the municipality or county, and certified copies thereof shall be filed with the county
clerk of the county in which said district is located and with the property appraiser of said
county. The charter of a recreation district may contain findings by the governing body of
the municipality or county:
(1) That the creation of such district is the best alternative available for delivering
recreational service.
(2) That such district is amenable to separate special district government.
(3) That all of the territory in the district will be benefited ,by proposed improvements to be
made by said district.
(4) That, for recreation districts created for exclusive use by a condominium established
pursuant to chapter 718 or a cooperative established under chapter 719, based upon the
number of residents, potential for proliferation of crime, automobile traffic flow, district
development, availability of other recreational facilities outside the district, excessive noise
levels, or other factors applicable to the particular district, a valid and paramount public
purpose will be served by making the recreational facilities available exclusively for district
residents and property owners.
If such charter contains anyone or more such findings, each such finding may be reviewed
by a court only as part of any review of the ordinance making such finding.
418.25 Actions by aggrieved parties.--Any person feeling aggrieved by the adoption of
an ordinance granting or amending the charter of a recreation district may bring, within the
period hereinafter prescribed, an appropriate action in the circuit court of the state for that
county in which the municipality is located for declaratory or injunctive relief on the grounds
that the adoption of said ordinance or any part thereof was arbitrary, capricious,
confiscatory, or violative of constitutional guarantees. Such action may be brought at any
time during a period beginning immediately upon the adoption of said ordinance and ending
no later than the earlier to occur of:
(1) One year from the date of adoption of said ordinance~ or
(2) The date of judicial validation of the first bonds, tax bonds, or revenue bonds of said
district to be authorized and validated after the adoption of the ordinance under chapter 75.
After the expiration of said period, no one shall have any right or cause of action to
challenge such ordinance or the existence of any recreation district created thereby,
whether such challenge be brought under this law or under any other law.
418.26 Assessment records.--The assessment records for the municipality or county in
which a recreation district is located shall be the official assessment records for any
recreation district created pursuant to this act. The official charged with keeping said
assessment records shall, at the request of the governing body of any recreation district,
provide an assessment roll for any such district showing the assessed valuation of taxable
property in said district. Unless otherwise provided by the charter of a recreation district,
the official who collects taxes in the municipality or county shall be the tax collector of said
district. Taxes of any such district shall be payable at the same time as, and shall be
secured by a lien on taxable property the same as, municipal or county taxes. Enforcement
of any such tax lien shall be in the same manner and by the same officials as enforcement
of liens for municipal or county taxes.
FS 189.4031 provides that even though there may be other statutes
specifically setting forth rules for creation, dissolution, Ch. 189 still has to be
adhered to.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division: County Attornev
Bulk Item: Yes -X- No
Department: County Attorney
Staff Contact PersonlPhone #: Suzanne Hutton X3470
AGENDA ITEM WORDING:
Approval of payment of$41,803.15 to Volpe, Bajalia, Wickes, Rogerson & Wachs, P.A. for legal
services provided on behalf of Monroe County related to wind storm insurance coverage and rates for
the month of November 2009,
ITEM BACKGROUND: On 8/12/09, the BOCC approved the Standard Legal Services Agreement
with Timothy W ayne Volpe, Esq. to provide legal services related to wind storm insurance coverage
rates.
PREVIOUS RELEVANT BOCC ACTION:
Approval of an agreement in 2006, which expired at the end of the provision of services in the earlier
challenge. Staff directed to seek contribution from municipalities to share cost of 2009 rate challenge.
On 8/3/09, BOCC tabled approval of agreement. On 8/12/09, Agreement was subsequently approved by
BOCC at their Special Meeting. 9/9/09 Approval of Amendment to Monroe County, Florida Standard
Legal Services Agreement with Timothy Wayne Volpe, Esq. of Volpe, Bajalia, Wickes, Rogerson &
Wachs, P.A. to delete reference to Exhibit A and change timekeepers, with changes retroactive to
8/12/09,
CONTRACTIAGREEMENTCBANGES:N~
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $41.803.15 for November INDIRECT COST: _BUDGETED: Yes -X-No
COST TO COUNTY: $41.803.15
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X ~O:MBIPUrChaSing _ Risk Management _
DOCUMENTATION:
Not Required_
Included X
DISPOSITION:
AGENDA ITEM #
Revised 1/09
Volpe. Bajalia, Wickes,
Rogerson & Wachs, P .A.
Attorneys at Law
501 Riverside Avenue, 7th Floor
Jacksonville, FL 32202
(904) 355-1700
59-3487272
December 30, 2009
Invoice# 39752
Client -M atter# 1986-001 00
Billing through 11/30/2009
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VIA Email w huttonwsuzanne@monroecountywfl.gov
Monroe County Board of County Commissioners
clo Suzanne A. Hutton, County Attorney
Post Office Box 1026
Key West, FL 33041-1026
Payment due upon receipt
, '
Windstorm Insurance Issues
PROFESSIONAL SERVICES Hours Amount
11/02109 CMP Work with Ian McKillop regarding unconstitutional delegation 0.50 nlc
11/02/09 CMP Research regarding unconstitutional delegation 6.20 $992.00
11/02/09 CMP Review of order received from 0 I R 0.30 $48.00
11/02/09 IRM Receipt and review of order from OIR approving rate filings; work 1.20 $192.00
with Caroline Prieto regarding legal research pertaining to
unconstitutionality of hurricane commission
11/02/09 SMM Review of IPortal for any filings on behalf of Citizens Property 2.20 $242.00
Insurance; receive and review orders from the October 20,2009
hearing and filed in rate filings 09~13806. 09-17343, 09-17467,
09-17581, 09-17582, 09~17836, and 09-17837; add to rate filing
notebooks and update indexes; review status of HRA filings
provided to Allan Schwartz and prepare index of same
11/03/09 CMP Work with Joyce Durden regarding OIR hearings; work with Tim 2.50 nlc
Volpe, Matt McLauchlin, Ian McKillop, and Joyce Durden
regarding OIR hearing; work with Ian McKillop regarding access to
courts
11/03/09 CMP Research regarding unconstitutional delegation; preparation of 6.00 $960.00
memorandum regarding same; assist in preparation of exhibits for
hearing
1986 Monroe County Board of County Invoice# 39752 Page 2
11/03/09 IRM Legal research regarding various issues pertaining to Citizens' 2.90 $464.00
rate filings
11/03/09 IRM Meeting with Tim Volpe, Matt McLauchlin and Caroline Prieto 1.00 nlc
regarding case status and strategy
11/03/09 JMD Work with Tim Volpe regarding clarification letters on behalf of the 5,00 $550.00
OIR; conference call with Allan Schwartz regarding rate filings and
preparation for hearing before OIR; review of electronic
communications regarding same; begin research to obtain copies
of clarification letters on behalf of OIR; electronic communications
with Robert Lee regarding clarification letters; review of email
containing documents forwarded by Office of Insurance
Regulation to Citizens Property Insurance; electronic
communications with Robert Lee regarding filings and upcoming
hearing; review of mobile home multi-peril filing; electronic
communication with Allan Schwartz forwarding copies of
clarification letters as filed by the Office of Insurance Regulation;
review of rate filing excerpts: review of presentation to be utilized
by FIRM at rate hearing
11/03/09 MPM Conference with Tim Volpe and Caroline Prieto regarding items to 1.50 nlc
prepare for argument before OIR on November 11, 2009
11/03109 SMM Review of IPortal for any filings on behalf of Citizens Property 0.30 $33.00
Insurance
11/03/09 TWV Meeting with Joyce Durden regarding status of matter and _ 1.30 nlc
preparation for upcoming hearing; hearing preparation session
with Matt McLauchlin, Ian McKillop. Caroline Prieto and Joyce
Durden
11/03/09 TWV Telephone call with Allan Schwartz regarding same; email 2.00 $600.00
correspondence and telephone call with Suzanne Hutton: review
of powerpoint presentation
11/04109 CMP Work with Ian McKillop regarding access to courts; work with Tim 1.00 nlc
Volpe, Matt McLauchlin, Ian McKillop, and Joyce Durden
regarding OIR hearing
11/04/09 CMP Research regarding access to courts; attendance at FIRM 7.00 $1,120.00
teleconference
11/04/09 IRM Work with Joyce Durden regarding evaluation of past collection of 1.00 nlc
reinsurance surcharges by Citizens
11/04109 IRM Legal research regarding reinsurance surcharge issue and 6.00 $960.00
constitutional issues
11104/09 JMD Electronic communications with client; electronic communication 6.10 $671.00
with Robert Lee regarding agenda for rate hearing in Tallahassee;
work on preparation for rate hearing in Tallahassee: review of OIR
website to determine if agenda is available; email communication
to Robert Lee regarding same; revision of presentation materials
for submission to Matt Strahan at NOAA; electronic
communications with Cindy Walden regarding agenda for rate
hearing on November 10 and list of presenters on behalf of
Monroe County; review of materials received from Allan Schwartz;
participation in conference call with Allan Schwartz in preparation
for rate hearing; meeting with Tim Volpe, Ian McKillop, Caroline
1986 Monroe County Board of County Invoice# 39752 Page 3
Prieto and Matt McLauchlin in preparation for rate hearing; review
of previous rate filings to determine evidence of surcharge
11/04/09 MPM Conference with Tim Volpe, Caroline Prieto and Ian McKillop 1,00 n/c
regarding legal analysis and action plan
11/04/09 MPM Preparation of memorandum to Tim Volpe regarding obligation of 4.60 $1,035.00
OIR to adhere to the output of the public model; telephone call
with Matt Strahan of the National Weather Service regarding
making presentation at the November 10, 2009 hearing on
Citizens' Windstorm rate filing; email exchange with Matt Strahan
regarding same
11/04/09 TWV Work with Matt McLauchlin regarding Matt Strahan's services 0.50 n/c
11/04/09 TWV Continued preparation for hearing. including preparation for 5.20 $1,560.00
meetings with Joyce Durden, Ian McKillop and Caroline Prieto;
prepare for and attend FIRM conference call; review of hearing
agenda
,
11/05/09 CMP Work with Matt McLauchlin regarding unconstitutional delegation; 1.00 n/c
work with Ian McKillop regarding standing, Administrative
Procedure Act, and appellate review; work with Ian McKillop and
Tim Volpe regarding appellate review
11/05/09 CMP Research regarding unconstitutional delegation; preparation of 8.30 $1,328.00
memorandum regarding unconstitutional delegation; research
regarding Administrative Procedure Act, and appellate review.
11/05/09 IRM Work with Joyce Durden regarding multi~year filing issue 0.30 n/c
11/05/09 IRM Legal research regarding multi~year filing issue; legal research 7.30 $1,168.00
regarding reinsurance surcharge issue
11/05/09 JMD Electronic communications with clients and Office of Insurance 4.00 $440.00
Regulation regarding presentation of materials at rate hearing;
electronic communications with Cindy Walden regarding
presenters at rate hearing; begin organization of materials in
preparation for hearing in Tallahassee
11/05/09 MPM Conference with Tim Volpe regarding action plan and analysis of 0.50 nfc
issues for upcoming rate hearing
11/05109 MPM Telephone call and follow up with Matt Strahan of National 2.00 $450.00
Weather Service regarding testimony and conflict
11/05/09 SMM Work with Ian McKillop regarding same 0.50 n/c
11105/09 SMM Review of [Portal for any filings on behalf of Citizens Property 3,00 $330.00
Insurance; order copies of additional documents filed in 09-17343,
09-467, 09~17581, 09-17582, and 09-17837; research regarding
the Florida Windstorm Underwriting Association and its
methodology for establishing rates; research regarding multi-year
implementation of rate increases and review rate filings regarding
same and to determine notice given by Citizens; assist with
preparation for rate hearing
11/05/09 TWV Work extensively with Matt McLauchlin, Ian McKillop, Caroline 1.00 n/e
1986 Monroe County Board of County Invoice# 39752 Page 4
Prieto and Joyce Durden
11/05/09 TWV Prepare for November 10 hearing; emaH correspondence with 5.20 $1.560.00
Robert Reyes regarding testimony at hearing; telephone call with
Suzanne Hutton and Allan Schwartz; email correspondence with
FIRM members regarding preparation for hearing; review of slide
presentation
11/06/09 CMP Work with Tim Volpe regarding wind vs. water presentation; work 0.50 $80.00
with Ian McKillop regarding administrative procedure
11/06/09 IRM Legal research regarding reinsurance surcharge issue; draft 2.70 $432.00
memorandum regarding same; meeting with Caroline Prieto
regarding legal research issues; work with Susan Morris regarding
multi-year filing issue
11/06/09 MPM Conference with Tim Volpe regarding slide presentation issues 0.30 nlc
11/06/09 MPM Conference with Tim Volpe regarding status of retaining 2.00 $450.00
meteorologist to present storm data; telephone call,with Ray
Jarvinen; telephone call with Max Mayfield; telephone message to
Miles Lawrence; e~mails to Heather Carruthers and Colleen
Repetto regarding slide presentation issues
11106/09 SMM Continued research regarding the Florida Windstorm Underwriting 6.70 $737.00
Association and its methodology for establishing rates; research
regarding multi-year implementation of rate increases and review
rate filings regarding same and to determine notice given by -
Citizens
11106/09 TWV Work with Ian McKillop and Caroline Prieto regarding preparation 0.50 nlc
for public hearing on November 10
11/06/09 TWV Telephone call with Nat Cassel; continued preparation for public 1.20 $360.00
rate hearing on November 10
11/07/09 IRM Legal research regarding reinsurance issue; continue drafting 2.30 $368.00
memorandum regarding same
11/08/09 CM? Preparation of memorandum regarding wind v. water; review and 4.40 $704.00
revision of memorandum regarding 15% surcharge; work with Ian
McKillop regarding wind v. water and surcharge; research
regarding statutory provisions relevant to same
11/08/09 IRM Work with Tim Volpe and Caroline Prieto to prepare for rate 0.50 nlc
hearing
11/08/09 IRM Draft memorandum to OIR regarding reinsurance surcharge issue; 7.60 $1,216.00
legal research regarding objections to rate filing
11/08/09 TWV Continued preparation for Tuesday's hearing; review of rate filings; 2.70 $810.00
review of draft presentation; email correspondence with client
group
11/09/09 CMP Review and revise memorandum regarding multi-year filings; work 6.70 $1,072.00
with Ian McKillop regarding same; review and revise
memorandum regarding wind v. water; work with Ian McKillop
regarding same; review and revise memorandum regarding
surcharge; work with Ian McKillop regarding same; work with
1986 Monroe County Board of County lnvoice# 39752 Page 5
Joyce Durden regarding memoranda; preparation of materials for
OIR hearings; attendance at working dinner with Tim Volpe. Ian
McKillop, Joyce Durden, Allan Schwartz, and FIRM members
11/09/09 CMP Travel to Tallahassee 3.00 nle
11/09/09 IRM Preparation for insurance rate hearing; work with Caroline Prieto, 7.50 $1,200.00
Tim Volpe and Joyce Durden regarding same; draft memorandum
regarding multi-year filing issue
11/09/09 IRM Travel to Tallahassee for rate hearing 3.00 nle
11/09/09 JMD Further email communications regarding hearing and responses to 10.00 $1.100.00
clarification letters with Robert Lee and Cindy Walden; review of
electronic communications regarding presentation and preparation
of materials for hearing; review of clarification letters and
incorporate into materials for hearing; assist Tim Volpe, Ian
McKillop and Caroline Prieto in material preparation for hearing;
assist Ian McKillop and Caroline Prieto in finalization of
memoranda for presentation at hearing; load preseh<tation
materials on electronic device for use at hearing: telephone call to
Michael Milnes regarding status of hearing; review of
memorandum of law regarding rate filing documentation; travel to
Tallahassee to attend hearing; review of Hurricane Ike materials;
review and revision of memorandum regarding reinsurance
surcharge; review and revision of memorandum regarding wind
vs. water; Westlaw research regarding Florida Administrative,
Code; review of filings as submitted by Citizens in response to
clarification letters issued by OIR
11/09/09 MPM Conference with Tim Volpe regarding testimony of Matt Strahan 0.10 nlc
11/09109 MPM Telephone call with meteorologist Miles Lawrence regarding 0.30 $67.50
possibly testifying at hearing regarding Matt Strahan's Wind v.
Water presentation
11/09/09 SMM Email and telephone communications with the Office of Insurance 6.80 $748.00
Regulation regarding Citizens' responses to the state's clarification
letters: receive voluminous documents filed in support of Citizens'
responses, print and email to Allan Schwartz and prepare for use
at rate hearing
11/09/09 TWV Travel to Tallahassee; continued preparation for hearing with 3.00 nlc
Joyce Durden, Ian McKillop and Caroline Prieto
11/09/09 TWV Telephone call with Belinda Miller regarding status of hearing due 3.70
to impending storm; working dinner with FIRM group
11/10/09 CMP Attendance at OIR hearing; travel from Tallahassee; work with Ian 8.10
McKillop regarding OIR authority to review Commission
11/10/09 IRM Preparation for and attendance at rate hearing; meeting with Tim 8.10
Volpe. Caroline Prieto and Joyce Durden regarding same; travel
back to Jacksonville from Tallahassee
11/10109 JMD Work with Tim Volpe regarding rate comparisons 0,50 n/c
11/10109 JMD Provide names of presenters to Cindy Walden; review of 9.50 $1,045.00
1986 Monroe County Board of County Invoice# 39752 Page 6
additionally filed rate documentation by Citizens, along with
responses to clarification letters; compilation of materials by HW2,
HW4 and HW6 for comparison of previously filed rates, along with
other premium breakdowns; participate in and attend hearing for
Citizens rate filing; work with Michael Milnes regarding
presentation materials and projection of same; return travel from
Tallahassee
11/10/09 SMM Review of IPortal for any filings on behalf of Citizens Property 0.30 $33.00
Insurance
11/10/09 TINY Travel to Jacksonville from Tallahassee 3.00 n/c
11/10/09 TINY Prepare for and attend public rate hearing 6.00 $1,800.00
11/11/09 CMP Research regarding aiR's ability to review Commission's findings; 5.00 $800.00
work with Ian McKillop regarding same; work with Matt McLauchlin
regarding same
11/11109 IRM Continue work on memorandum to Office of Insuranc.e Regulation; 1.20 $192.00
meet with Susan Morris regarding obtaining rate filings
11/11/09 MPM Conference with Caroline Prieto regarding analysis for legal 0.50 nlc
memoranda to provide to OIR
11/12109 CMP Research regarding aiR authority to review Commission; work 5.00 $800.00
with Matt McLauchlin and Ian McKillop regarding same;
preparation of memorandum regarding same
11/12/09 IRM Meeting with Matt McLauchlin and Caroline Prieto regarding 0.50 nlc
memorandum to Office of Insurance Regulation
11/12/09 IRM Review and analysis of rate filing statutes 1.30 $208.00
11/12/09 MPM Conference with Ian McKillop regarding analysis of issues to 0.60 nlc
present to OIR in requested legal memorandum; conference with
Caroline Prieto and Ian McKillop regarding same
11/12/09 MPM Preparation of notes outlining issues for analysis 1.00 $225.00
11/12109 TINY Email correspondence with Allan Schwartz and client group 0.30 $90.00
regarding provision of additional materials and information to
supplement FIRM presentation at public rate hearing
11/13/09 CMP Review and revision of components of memorandum regarding 0.80 $128.00
OIR authority to modify Commission's findings
11/13/09 IRM Review and revision of components of memorandum to OIR 3.20 $512.00
regarding authority to set rates without regard to public model
outputs
11/13/09 MPM Telephone call with Ian McKillop regarding memorandum to OIR 0.20 n/c
as to authority
11/13/09 MPM Review and revision of memorandum to OIR on authority and 4.00 $900.00
discretion to determine rates; review of Tim Volpe's e~mail with
comments on same
1986 Monroe County Board of County Invoice# 39752 Page 7
11/13/09 SMM Review of IPortal for any filings on behalf of Citizens Property 0.30 $33.00
Insurance; note filing of additional documents and order copies
11/14/09 IRM Revision of components of memorandum regarding aiR authority 2.20 $352.00
to set Citizens' rates
11/16/09 CMP Review and revision of components of memorandum regarding 1.40 $224.00
aiR authority to modify commission's findings
11/16/09 JMD Assist in preparation of filing response to the aiR as requested at 2.00 $220.00
rate hearing; further review of documentation filed by Citizens
Property Insurance; draft letter to Belinda Miller fOlwarding
subsequent documentation; electronically scan documentation for
upload into IPortal system; work with aiR in obtaining all
PowerPoint presentation materials for uploading on aiR website;
electronically forward copies of documents to client and Allan
Schwartz; work with Ian McKillop and Caroline Prieto regarding
memorandum of law regarding aiR authority
11/16/09 SMM Review of [Portal for any filings on behalf of Citizen~ Property 1.00 $110.00
Insurance; receive and review documents filed on November 12,
2009 by Citizens in filings 09-08479, 09-18480, and 09-18481;
add to filing notebooks
11f17/09 JMD Work with Cindy Walden regarding uploading and filing responses 1.00 $110.00
to requests from rate hearing; coordinate delivery of
documentation for posting on website
11/17f09 SMM Review of IPortal for any filings on behalf of Citizens Property 0.30 $33.00
Insurance; request copies of documents filed in 09-18541 t
09-18543, and 09-18544
11/18/09 JMD Compile and forward filings to Allan Schwartz for review; cursory 0.50 $55.00
review of materials filed by Citizens regarding net cost of liquidity
11/18f09 SMM Review of IPortal for any filings on behalf of Citizens Property 1.00 $110.00
Insurance; receive and review documents filed on November 17.
2009 in rate filings 09-18541, 09-18543, and 09-18544; update
indexes and add to filing notebooks; email these documents and
those filed on November 12, 2009 in rate filings 09-18479,
09-18480. and 09-18481 to Allan Schwartz
11/18/09 TWV Receipt and review of additional information filed by CPIC 0.80 $240.00
supplementing existing rate filings; forward same to Allan
Schwartz
11/19/09 JMD Coordinate posting of FIRM presentation on FTP site for use by 0.10 $11.00
Office of Insurance Regulation
11/19/09 SMM Review of IPortal for any filings on behalf of Citizens Property 0.50 $55.00
Insurance; request copies of additional documents filed and email
attorneys notifying of same
11/20f09 IRM Meeting with Tim Volpe regarding order received from aiR 0.20 n/c
11/20/09 IRM Receipt and review of order of aiR regarding Citizens' rates 0.60 $96.00
11/20/09 $MM Review of IPortal for any filings on behalf of Citizens Property 0.90 $99.00
Insurance; request copies of approval orders; receive and review
1986 Monroe County Board of County Invoice# 39752 Page 8
documents filed in the HRA rate filings; index and add to rate filing
notebooks
11/20/09 TWV Receipt and review of order from the OIR; email correspondence 0.90 $270.00
with client group regarding same
11/22/09 IRM Legal research regarding Monroe County's right to appeal OIR 2.70 $432.00
approval of Citizens' rates and procedure for appeal
11/23/09 CMP Review of OIR order; attendance at conference call with Tim 4.90 $784.00
Volpe, Ian McKillop, Allan Schwartz, and FIRM representatives;
research regarding the legislative history of 627.351 (6);
attendance at conference call with Tim Volpe, Ian McKillop, and
Suzanne Hutton; work with Tim Volpe and Ian McKillop regarding
627.351 (6)( q)(2) option
11/23/09 IRM Meeting with Tim Volpe and Caroline Prieto regarding same; work 0.50 nlc
with Caroline Prieto regarding legislative history of statute
pertaining to bond issue
\ $768.00
11/23/09 IRM Email to clients regarding statutory bond provision: legal research 4.80
regarding Monroe County's right to appeal decision of OIR
approving Citizens' rates; telephone call with Colleen Repetto, Mel
Montagne; Allan Schwartz, Tim Volpe and Caroline Prieto
regarding order of OIR setting Citizens' rates
11/23/09 TWV Review of OIR order with Caroline Prieto 0.20 nlc
11/23/09 TWV Preparation for conference call with client group and Allan 1.50 $450.00
Schwartz to discuss same; attend conference call; telephone call
with Suzanne Hutton
11/24/09 CMP Research regarding legislative history of 627.351 (6)(q)2 2.00 $320.00
11/30/09 CMP Research regarding textual amendments to statute 627.351 (6)(q); 3.10 $496.00
preparation of letter to Suzanne Murphy
11/30109 SMM Review of IPortal for any filings on behalf of Citizens Property 0.80 $88.00
Insurance; request copies of additional filings; email to attorneys
involved
1986
Monroe County Board of County
TOTAL
TIMEKEEPER
Timothy W. Volpe
Timothy W. Volpe
Matthew P. Mclauchlin
Matthew P. Mclauchlin
Caroline M. Prieto
Caroline M. Prieto
Ian R. McKillop
Ian R. McKillop
Joyce M. Durden
Joyce M. Durden
Susan M. Morris
Susan M. Morris
EXPENSES
11/30/2009
11/30/2009
11/30/2009
11/30/2009
11/30/2009
11/30/2009
11/30/2009
Photocopy charges
Postage charges
American Express - Tim Volpe's travel expenses incurred during trip to
Tallahassee I F l on 1 Of 19/09 - 10/20/09
FedEx. airbill #793023157319
Thomson West - online research for November, 2009
Tim W. Volpe - mileage reimbursement to and from Tallahassee, Fl on
10/19/09 - 10/20/09 (328 miles @ .40)
Color photocopy charges
Shareholder
Shareholder
Partner
Partner
Associate
Associate
Associate
Associate
Paralegal
Paralegal
Paralegal
Paralegal
HOURS
9.50
29.50
4.70
13.90
8.00
69.70
7.00
61.60
0.50
38.20
0.50
24.10
Billino Summary
Total professional services
Total expenses incurred
Total of new charges for this invoice
Plus past due balance
TOTAL BALANCE DUE
$39,838.50
$1,964.65
$41,803.15
$2,091.55
$43.894.70
Prepaid cash ending balance:
Trust account ending balance:
Invoice# 39752
Page 9
267.20 $39,838.50
~~ft)c
0.00 $0.00
300.00 $8,850.00
0.00 $0.00
225.00 $3,127.50
0.00 $0.00
160.00 $11,152.00
0.00 $0.00
160.00 $9,856.00
0.00 $0.00
110.00 $4,202.00
0.00 $0.00
110.00 $2,651.00
$968.55
$0.88
$190.13
$17.00
$480.49
$131.20
$176.40
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Re!lorvation Summary:
ComInnaUon NvmIIIr. 121471m
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C~.m: Mond~y. OGIObeI' 19, 2009
(:hod<.qIJt: Tu_y. Oclobar 20. 2009
Roome: 1 NllIhts: 1
Adulta: 1 Chlklnm, 0
Room Typo: Alllom ROOIll
TIltII f>Je.U~:
Tax:
Subtotal:
US0169,OQ
tJ502113
US0190,13 ,)
Homo Modify I Cancel N1al<it Anolhor ReemMlllon
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TransporlallDn:
Page 1 of 1
[ ~n'Jf.;h ,1,.;": ....TJ
Location:
209 5. Adams 51.
TaUatlaSMG. fL 32~1
Phon<!: 1l5<I-681.{;655
F..llSO-222.31OS
Olrectlons to Governors Inn:
From !till TallahallMO l,Iu"""p"1 AtIpOC1
Turn I1ghI onlo Capital Ortlo (RI.;/63)
Go 1.3 I1\IIe:; [0 ~ghl ilI1 SpnnghIiI Road. lum Ion.
Go 2 m,lM lD ~ghl al Orange Awn...., ltJm nghl
GD 1,3 n\llo&lo Moi'l<'oll $1. (Hwye 61.. 1urn 1&1'1
Go 1 75 m~1IS lo Oow<1lOwniSlatll C8l>ltll1, lUIn !en 81
Jlllfllf'SOll 51.
Go 00It Ill""" to ^-dams 5[ and ",rn loght Tho
Gowmon; Inn IS lI>e !ollh bWldW\Q on lI'e n\1ll Puu up ,n
frOIIl QnQ a DelIman can hOII> ""In VOllr IUQQlIlllf ""d
\lD./o' your C3f
Polk:los:
~~;~I;;"~~_""""++rl_" ~-~+,"'"~'..,'- ---.. --..',. ..H....'
AI'I rot5OfYtlliclfl5 rll-QLoIollll B map Ci-dOd. card 101 gUBU:lIn1ee-
C,~"'''" I'QOty
24 HOUR C,o,NCEl POllCV BV.jpt,l DAV PRIOR TO AR
2.. halJ, c.8r.G4:t1li1tilOR pOOc:y
t.~ ....1~Q.t'Urt__.,."., .~k
.
Total:
US0190.13 V .Q'<<._~'~,
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https://reservations.ihotelier.comlistay .cfm?HotelID=14113&LanguageID= 1 &Rooms= 1...
10/13/2009
@
Invoice Number
9-410-70561
Billing Address:
VOLPE BAJAlIA WICKES & ROGERS
501 RIVERSIDE AVE FL7
JACKSONVILLE FL 32202-4934
Invoice Summary Nov 24. 2009
FedEx Express Services
Transportation Charges
Base Discount
Bonus Discounts
Special Handling Charges
Total Charges
TOTAL THIS INVOICE
USD
USD
457.95
-69.48
- 20.47
47.60
$415.60
$415.60
You saved $89.95 in discounts this period!
Shipments included in this invoice received an earned discount. If you
would like to know how it was calculated, please go to the following URL:
https://www.fedex.com/Ea rnedDisco unts/.
Other discounts may apply,
>c., .'"o"""u,uu,, Ud ...nrn..........................,.. "'H. OTUU......c,.' ""'U_'H~ ,..+.' 'u ccu.u.u,...................~n... H
To .....re prope' t..di~ plOD'. IIlt"1n this poltionwitl> ~o"' payment to FedEx.
Plaaso do n01 mpl. o,fokl, PI..s. m'~. .lIet~ plV.blo10 fedE><
o fo' thong. of addres.. th.t~ he", and tompllltS fonn on rev.~ ,ido.
Invoice Number
9-410-70561
Remittance Advice
Your payment is due by Dee 09, 2009
223209399410705611000004156040
1"111"lln 111"1"11"1111I11"11" 1.11111"111111111 I I 11111111111"1(11
VOLPE BAJALlA WICKES & ROGERS
501 RIVERSIDE AVEFL 7
JACKSD NVI LLE FL 32202-4934
Invoice Date
Nov 24, 2009
Page
lofS
Account Number
2232-0939-4
FedExTa)( 10: 71-0427007
Invoice Questions?
Contact FedEx Revenue SelVices
Phone: (800)622-1147 M-Sa 7-6 (CSTI
Fax: (800)548.3020
Internet www.fedex.com
Important Service Message:
Effective January 4, 2010, FedEx Express package and
freight rates will increase an average of 5.9% for U.S.
and U.S. export services. The rate increase will be
partiallv offset by adjusting the fuel price at which the
fuel surcharge begins, reducing the fuel surcharge by 2
percentage points. Fed Ex Ground and FedEx
SmartPostu rates will also increase. For detailed
information about rate, surcharge, fee and other
important changes, go to fedex.com/2010rates.
Account Number
2232-0939~4
Amount Due
USD $415.60
1'111"11.111111"111111I111"11"1"11111" I 11.111111111111 III nllll I I
Fed Ex
P.O. Bo)( 660481
DALLAS 1)( 75266-0481
@
Invoice Number
9-410-70561
Invoice Date
Nov 24, 2009
Account Number
2232-0939-4
Page
20tS
Adjustment Request
Fax to (BOO) 548-3020
Use this form to fax requests for adjustments due to the reasons indicated below. Requests for adjustments
due to other reasons, including service failures, should be submitted by going to www.fedex.com or calling
800.622.1147. Please use multiple forms for additional requests.
C Please complete atl fields in black ink.
o
n Requestor Name 1 1 I
t
a Phone I - J I -I
c
t E-mail Address
I I I
I I
I I
I DateLUI LUI LU
Fax # I
I -I I -I
DYes, I want to update account contaclwith the above information.
R
el
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Tracking Number
Bill to Account
I 1 I
I I I
I 'I.- J
I I J
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$ Amount
LU
LU
LU
LU
LU
C
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ADR - Address Correction INW -Incorrect Weight OVS - Oversize Surcharge For all Service failures or other
DVe - Declared Value INS. Incorrect Service RSU. Residential Delivery surcharges please use our web
IAN - Invalid Acct # OCF - Grd Pick-up Fee PND - Pwrshp Not Delivered , site www.fedex,com or call
Des - Exp Pick-up Fee SDR - Saturday Delivery 1800) 622-1147
Rerate information only {round to nearest inchl
Tracking Number Code $ Amount LBS L W H
I I I I I I I I I I I I I I I I I I I I I I I I I I L1.J I I I II I I Ix] I I Ixl I I I
I I I J I I I J I I I I I I I I I I I I I I I I I ] LUI I I II I I Ixl I I Ixl I I I
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I I I I I I I I I 1 I I I I I J I I I I I I I I I I LUI I I II 1 I Ixl I I Ixl I I I
I I I I I I I I I I I I I I I I 1 I I I I I I I I I LUI I 1 II I I Ixl I I Ixl I I I
Check all that app Iy
A
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DShipping Address (Physical Addressl DBilling Address Only D Billing Same As Shipping Address
Company I I I I I I I I I I I I 1 I I I Company I I I I I I I I I I I I I I I I
Address I I I I I I I I I 1 I I I I I I Address I I I I I I I I I I I I I I I f
Address I I I I I I I I 1 I I I I I I J Address I I I r I I I I I I I I I I I I
Oept I I I I I I I I I I I I I 1 I I Dept I I I 1 I J I I I I I I 1 I I I
Floor I I I I I Apt/Suite # I I I I I Floor I I I I I I Apt/Suite # I I I I
City I I I I I I I I I I 1 I I I I I City I I I I I I I I I I I I I I 1 I
State LU Zip Code I I 1 I I I - I I I I State LU Zip Code I I I I I I -I f I I
Phone I I I I - f I I I -I I I I I Phone I I I I -I I I I .1 I I I I
Fad I I I I -I I I I -I I I I I Fax' I I I I -I I I I -I I I I I
Effective Date Ll...J I ~ I UJ
Invoice Number
9-410-70561
FedEx Express Shipment Summary By Payor Type
@
FadEx Express Shipments (Original)
Payor Type
Shipper
Total fedEx Express
Shipments
14
14
Rated
Weight
Ibs
33,0
33.0
Transportation
Charges
457.95
$457.95
Invoice Date
Nov 24 2009
Special
Handling
Charges
47.60
$47.60
Account Number
2232-0939-4
Page
30fS
Ret Chg/Tax
Credits/Other
Discounts Total Charges
.89.95 415.60
-$89.95 $415.60
Total This Invoice
USD
$415.60
Invoice Number
9-410-70561
Dropped off: Nav 18, 2009 Curt Ref.: 3077.00200
Payor: Shipper Rettl!:
Fuel Surcharge. FedElI has applied a ruel surcharge 016,00% to this shipment.
Ois!llnce Based Pricing, Zone 5
Package Delivered to Recipient Address - Release Authorized
Transportation Charge
Fuel Surcha rge
Declared Value Charge
Discount
Automation Bonus Discount
Residential Delivery
Total Charge
Dropped off: Nov 18, 2009 Cust. Ref.: 3077.00200
Payor: Shipper Rof.#3:
Fuel Surcharge - FedEx has applied a fuel surcharge 016.00% to lI1is shipment
Distance Based Pricing, 20M B
Package Delivered to Recipient Address. Release All1horized
Autom ation
Tracking lD
Service Type
Package Type
Zone
Pa ckages
Rated Weight
Declared Value
Delivered
Svc Area
Signed by
FedEx Use
Automation
Tracking 10
Service Type
Package Type
Zone
Packages
Rated Weight
Delivered
Svc Area
Signed by
FedEx Use
@
INET
7930305210 12
Fed Ex Priority Overnight
FedEx Box
05
1
1.0 Ibs, 3.2 kgs
USD 2.00
Nov 19,200909:11
Al
see above
0000??oo0/0001552/02
INET
793030563019
FedEx Priority Overnight
FedEx Box
oa
1
10.0 Ibs, 4.5 kgs
Nov 19, 2009 09:08
A2
see above
000000000/0001618/02
Invoice Date
Nov 24. 2009
Account Number
2232-0939-4
RoU2:
Sl:JJ.m
Gwen Overstreet
VOLPE BAJALlA WICKES ROGERS
501 Riverside Avenue
JACKS DNVJlLE FL 32202 US
Bw;iJtW1
Mr. Robert Levi
667 PARK AVE W UN IT 1
HIGHLAND PARK IL 60035 US
USD
Rof.t#2:
hndu
Gwen Overstreet
VOLPE BAJALlA WICKES ROGERS
501 Riverside Avenue
JACKSONVILLEFL 32202 US
~
Ms. Rosema ry Coates
220 LAS MIRADAS DR
LOS GATOS CA 95032 US
Transportatioo Charge
Automation Bonus 0 iscouot
Resideotial Delivery
Fuel Surcharge
Discount
Total Charge
Dropped off: Nav 18,2009 Cost. Ref.: 9996.00200 Rof.#2:
Payor: Shipper Rell#3:
Fuel Surcllarge . FedEl< has applied a fuel surcharge of 6,00% to this shipment
The detivery commitment for FedEl< Way to resideoces (including lIome offices) is 7 P,M.lI1e second business day for Al, A2. AA, A3, M, AS, A6, AM, PM. and RM service areas,
Dis!lloce Based Pricing, Zone 2
Automation
Tracking ID
Service Type
Pachge Type
Zone
Packa ges
Rated Weight
Declared Va lue
Delivered
Svc Area
Signed by
FedEx Use
INET
798150536595
FedEx 2Day
FedEl< Envelope
02
1
N/A
U SO 10.00
Nov 19, 2009 14:33
AA
D.WHITEMOORE
000000000/00011081_
USD
s.mm.
Mary Hess
VOLPE BAJALIA WICKES ROGERS
501 Riverside Avenue
JACKSONVILLE FL 32202 US
~
Adam Prom
505 SW 2ND AVE APT 2101
GA1NESVILLEFL 32601 US
Transportation Charge
Fuel Surcharge
Disco unt
Automation Bonus Discount
Direct Signature
Residential Delivery
Declared Value Charge
Tlltlll Charall
USD
Page
50fa
59.95
3,02
0.00
-8.99
-3.00
2.40
$53.38
83,30
-4.17
2.41)
4.14
-12.50
$13.17
10AO
0.64
-1.56
-0.52
2.15
2AO
0.00
$14.11
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Bulk Item: Yes
No ..x
Division: County Attorney
Department: County Attorney
Meeting Date: March 17. 2010
Staff Contact Person: Suzanne Hutton/#3473
AGENDA ITEM WORDING: Discussion and direction re County Personnel Policy provisions:
Preamble Excerpt: "No elected or appointed public servant should borrow or accept gifts from the
staff or any corporation which buys services from, or sells to, or is regulated by his or her
governmental agency. If one's work brings him or her in frequent contact with firms supplying the
government, he or she must be sure to pay his or her own expenses."
Policy 1.05.C. ~~Employees shall not accept any gift, favor or service from any member of the public,
including but not limited to Christmas and/or birthday gifts."
ITEM BACKGROUND:
Press and blog sources, as well as the State Attorney, seem to have raised questions about the County
Administrator attending a dinner at Ocean Reef with three (3) of the Commissioners. The
Administrator's contract specifies that he will perform those duties prescribed in F. S. 125.70-125.74,
and assignments from the ROCC. F.S. 112.3148 regulates the receipt of gifts by certain government
personnel, which include the County Administrator and the County Attorney. Attached additional
material includes an email sent to you on 2/23/10 and a separate sheet surrnnarizing State gift
requirements.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Staff requests direction as to whether the Policies & Procedures should be amended to provide limited
ability for persons with certain levels of responsibility that include interacting with organizations,
participating in meetings with other governmental or business entities, etc. to accept meals, and any
other direction the ROCC may give..
TOTAL COST: N/A
INDIRECT COST: N/ A BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/.A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty~ OMBlPurchasing _ Risk Management_
DOCUMENTATION: Included X Not Required_
DISPOSITION:
Revised 7/09
AGENDA ITEM #
Page 1 of2
Hutton-Suzanne
From: Hutton-Suzanne
Sent: Tuesday, February 23, 2010 9:21 AM
To: County Commissioners and Aides
Cc: County Attorney; County Administrator
Subject: Gift Policy
Commissioners:
I was out of the office due to illness yesterday, but did have a conversation with a commissioner as to whether the
personnel policies & procedures apply to the county administrator and county attorney. My response was that I
believed our contracts had a relevant provision but did feel that due to circumstances that might arise, the
draconian "no gift" policy was sometimes awkward, and unlikely to actually protect against any perceived ills that
might come from the "gift" of a meal. To clarify what our contracts provide, excerpts are below. I think that given
the press and blogs on this issue, there should be discussion and direction to staff as to drafting a resolution or
ordinance, or re-drafting the policy, and possibly others, based on the discussion that occurs. Accordingly, I will
place such an item on the March agenda. As previously stated at the February meeting, I will not be present at
the March 17 meeting, but will assign someone to follow the discussion and draft an appropriate document for the
April meeting. . ,
Neither contract specifies that either contracted employee is bound by any of the Personnel Policies and
Procedures, but those policies do provide a guideline, and in some cases are renditions of laws to which we are
all subject. The state gift law is basically that
1) A public officer is prohibited from accepting either a gift or compensation if he/she understands
it is intended to influence any official action.
2) A public officer is prohibited from accepting a gift he/she reasonably believes has a value in
excess of $100 from a lobbyist, which for our purposes includes anyone who, for compensation,
has attempted within the previous 12 months to influence the decision-making of the recipient or
the recipient's agency. Value is based on cost to the donor. This $100 cap on a gift also applies
to political or other committees with continuous existence.
3) By the end of any calendar quarter, you must file a disclosure of gifts in excess of $100 received
in the previous calendar quarter.
Section 3.C. of the county administrator's contract provides:
C. Duties shall be perl'onned in a professional respectful. and timely manner and in accordance
"rith the higheststaudards of ethical beha\'ior es1ablished by the Code of Ethics of the Intenlatiollal
Cit'Jr/Count'y Manager Association and with Part IlL Chapter 112, Florida Statutes. entitled Code of Ethics
for Public Officers and Employees.
Section 7.C provides as grounds for termination: '
Monroe County Code; (11) repeated or egregious violation of COl.mty policies adopted in writin~ by the
BOeC; and (i) breach of any material term or condition of this Agreement by the A.dm1ntstratot- In the
Section 10.0 of the attorney's contract provides:
D. Ethical Consideratio~. :6QarQ. ::md Attorney ~ that. in general, it is the Board as a whole that
is the client entity of the Attorney. However, al>rocQgnized by the Rules of Professional Conduct of
'The Florida B81\ th.e. attomey~client relationship for organizational and governmental agencies is not
the Same as the attorney-client relationship forprlvate individuals. and Attorney's professional
relationship with the Board will be consistent with the requirements of Rule 4-1.13 of the Rules of
Professional Conduct.
Section 5.C.1 of the attorney's contract provides fewer bases for termination for cause, only enumerating 5
instead of 9 reasons. '
2/24/2010
Page 2 of 2
."
and location OI' locations. As used in this paragraph. "for cause" means (a) dishonesty with respect
to the business and operation oftbe Board; (b) conflIJlled violation of the Baard's drug policy; (c)
refusal to cooperate in an investigation regarding any aspect of the business or operation of the
Board. which investigation is conducted by Qr ~t mQ; expms d~ion of the Bowd; (d) wnviction
of a crime which is classified as a felony or a crime involvmg moral turpitude; and (e) gross neglect
or willful or intentional miscond.l.lCt.
S~A. ~uttM
County Attorney
Monroe County
PO Box 1026
Key West, FI. 33041-1026
305-292-3470
. ~ ...--- -_.....,... -_. ---~ -- ....- ........--....'"
2/24/2010
FLORIDA GIFf LAW FOR GOVERNMENT OFFICIALS
A summary in layman's terms of the statutory provisions re gifts:
1) A public officer is prohibited from accepting either a gift or compensation if he/she
understands it is intended to influence any official action.
2) A public officer is prohibited from accepting a gift he/she reasonably believes has a value
in excess of $100 from a lobbyist, which for our purposes includes anyone who, for
compensation, has attempted within the previous 12 months to influence the decision-
making of the recipient or the recipient's agency. Value is based on cost to the donor.
This $100 cap on a gift also applies to political or other committees with continuous
existence.
3) By the end of any calendar quarter, you must file a disclosure of gifts received in the
previous calendar quarter.
S. 112.3148(8)(a), FS, provides:
"Each reporting individual or procurement employee shall file a statement with the Commission
on Ethics not later than the last day of each calendar quarter, for the previous calendar quarter,
containing a list of gifts which he or she believes to be in excess of $100 in value, if any, accepted
by him or her, for which compensation was not provided by the donee to the donor within 90 days
of receipt of the gift to reduce the value to $100 or less, except the following:
1.Gifts from relatives.
2.Gifts prohibited by subsection (4) or s. 112.313(4).1
3.Gifts otherwise required to be disclosed by this section.
(b )The statement shall include:
1.A description of the gift, the monetary value of the gift, the name and address of the person
making the gift, and the dates thereof. If any of these facts, other than the gift description, are
unknown or not applicable, the report shall so state.
2.A copy of any receipt for such gift provided to the reporting individual or procurement employee
by the donor.
(c)The statement may include an explanation of any differences between the reporting individualTs
or procurement employee IS statement and the receipt provided by the donor.
(d)The reporting individual's or procurement employee IS statement shall be sworn to by such
person as being a true, accurate, and total listing of all such gifts.
(e)Statements must be filed not later than 5 p.m. of the due date. However, any statement that is
postmarked by the United States Postal Service by midnight of the due date is deemed to have
been filed in a timely manner, and a certificate of mailing obtained from and dated by the United
States Postal Service at the time of the mailing, or a receipt from an established courier company,
which bears a date on or before the due date constitutes proof of mailing in a timely manner.
(f)If a reporting individual or procurement employee has not received any gifts described in
paragraph (a) during a calendar quarter, he or she is not required to file a statement under this
subsection for that calendar quarter."
lSubsection (4) prohibits receipt of a gift from a lobbyist when he/she reasonably believes the gift has a value in
excess of $100. Value is based on cost to donor. "Lobbyist" for purposes of this provision includes anyone who for
compensation seeks or sought to influence decision-making of the reporting individual or his/her agency during the
preceding 12 months. S. 112.313(2) prohibits receipt of a gift [subsection (4) compensation] when the recipient
reasonably knows it is given in order to influence official action.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division: COlmty Attorney
Bulk Item: Yes ---X- No
Staff Contact PersonlPhone #: Bob Shillinger #3470
AGENDA ITEM WORDING: Approval to advertise and hold a public hearing to consider approval
of a County Ordinance to add a section back into the Monroe County Code to provide penalties and
enforcement measures for violation of the "Monroe County Human Rights Ordinance" (Sec. 14-40
through 14-45, MCC).
ITEM BACKGROUND: Former section 13-104 of the Monroe County Code, which provided
penalties and enforcement measures for violation of the Monroe County Human Rights Ordinance,
(Sec. 14-40 through 14-45, MCC) did not get included in the Monroe County Code adopted on 1/28/09
by the Board. This omission deleted a private right of action for those persons who contend that they
have been discriminated against. The proposed ordinance adds this provision back into the Monroe
County Code. '
PREVIOUS RELEVANT BOCe ACTION:
10/17/2001 BOCC approved Ordinance 36-2001 (known as the Monroe County Human Rights
Ordinance)
4/16/2003 BOCC approved Ordinance 008-2003 to prohibit discrimination on the basis of gender
identify or expression for employment or in housing
1/28/09 BOCC approved adoption ofthe revised Monroe County Code
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS:
ApprovaL
TOTAL COST: Adv. costs INDIRECT COST: N/ A BUDGETED: Yes _No
COST TO COUNTY: Adv. costs
SOURCE OF FUNDS:
REVENUE PRODUCING:
Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty yr-- OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
Revised 1/09
AGENDA ITEM #
ORDINANCE NO.
- 2010
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY TO PROVIDE
PENALTIES AND ENFORCEMENT BY CIVIL ACTION
FOR VIOLATIONS OF SEC. 14-40 THROUGH 14-45 OF
THE MONROE COUNTY CODE KNOWN AS THE
MONROE COUNTY HUMAN RIGHTS ORDINANCE, BY
ADDING SECTION 14-46; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, there previously existed Section 13-104 of the Momoe County
Code providing penalties and enforcement by civil action including a right of private
action by an aggrieved party, for violation of the Monroe County Human Rights
Ordinance; and
WHEREAS, this provision did not get included in the Monroe County Code
adopted on January 28,2009 by the Board of County Commissioners; now, therefore,
BE IT ORDAINED by the Momoe County Board of County Commissioners that
the Momoe County Code is amended as follows:
Section 1. Article II of Chapter 14 is hereby amended as follows:
Sec. 14-46. Penalties; enforcement by civil action.
(a) Any person violating the provisions of the Monroe County Human
Rights Ordinance shall upon written citation be subject to the penalties provided in
Section 8-66 of the Momoe County Code.
(b) The Monroe County Human Rights Ordinance may additionally be
enforced by civil action, including action for equitable relief, by any aggrieved person in
a court of competent jurisdiction.
Page 1 of2
Human Rights Ord penalties
2/8/l0 KMP
Section 2. If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4 The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. This ordinance shall take effect immediately upon receipt of official
notice from the Office ofthe Secretary of State of the State of Florida that this ordinance
has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
2010.
Mayor Sylvia J. Murphy
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner Kim Wigington
Commissioner Mario Di Gennaro
ATTEST:
DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor Sylvia J. Murphy
MONROE COUNTY ARNEY
T. FORM:
Page 2 of2
Human Rights Ord penalties
2/8/1 0 KMP
OBERT 8, SHILLINGER. JR.
o~~~r~~~~r~J29U~TYATTORNeY
t- YreJ\81A-S
~tc-
OFFENSES AND MISCELLANEOUS PROVISIONS
S 13.106
(e) No person who owns. leases. rents. operates. manages or in
any manner controls a public accommodation shall withhold,
deny. curtail, limit or discriminate concerning the full use of such
public accommodation by any individual because of the individual's
race, color, sex, religion. disability, national origin, ancestry,
sexual orientation, gender identity or expression. familial status
or age. The prohibition contained in this section, shall not apply
to any facility. as to discrimination based on sex, which is
distinctly private in nature, such as restrooms, shower rooms,
and dressing rooms.
(f) No person shall retaliate against any individual because
that individual in good faith has made a charge, testified, assisted
or participated in an investigation, proceeding or hearing under
this division.
(Ord. No. 36-2001
'-OFd-:-NO-:-O~,
~
"",'
Sec. 13-104. Penalties; 'enforcement by civil action.
(a) Any person violating the provisions of the Monroe County
Human Rights Ordinance shall upon written citation be subject
to the penalties provided in section 6.3-34 of the Monroe County
Code.
(b) The Monroe County Human,Rights Ordinance may addi-
tionally be enforced by civil action, including action for equitabl
relief, by any aggrieved person in a court of competent jUriS7'
tion.
( d. No. 36-2001. ~ 1)
. /
Sec. 1 .~vabi1ity. ,/
Any written or ,~greement which purpo~if waive any
provision of section 13-1~JJ.blic.-pollcy and void.
(Ord. No. 36-2001, g 1)
Sec. 13-106. Liberal construction; alternative remedies.
The provisions of this division shall be liberally construed for
the accomplishment of the purpose hereof. Nothing in this divi-
sion shall be construed to limit rights granted under the laws of
the State of Florida or the United States. Nothing in this division
Supp. No. 80
1037
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ARTICLE II. DISCRIMINATION
Sec. 14-40. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Bona fide occupational qualification means that an employer can demonstrate that a
particular characteristic or the absence thereof is reasonably necessary to the essence of the
employer's business and that all or substantially all persons with or without the characteristic (as
the case may be) are unable to perform the duties of the position in question.
Credit transaction means the grant, denial, extension or termination of credit to an
individual.
Disability means:
(1) A physical or mental impairment that substantially limits one or more of a person's major life
activities;
(2) A record of such impairment; or
(3) The perception of having such an impairment.
The term does not include persons who have current, illegal 'use of or addiction to a controlled
substance as defined by F.S. S 893.02, as now enacted or hereinafter amended. A disabled
individual is qualified with respect to employment if such individual can perform the essential
functions of the job in question with reasonable accommodations. For the purpose of this
definition, the term "major life activities" means functions such as caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
For the purpose of this definition, the term "substantially limited" means likely to experience
difficulty in securing, retaining or advancing in employment because of a disability.
Employee means an individual who is engaged to work for or under the direction and
control of another for monetary or other valuable consideration.
Employer means any person employing 15 or more employees for each working day in
each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of
such person, but such term does not include the United States or a corporation wholly owned by
the government of the United States.
Employment agency means a person that undertakes to procure employees or
opportunities to work for potential employees, either through interviews, referrals, advertising or
any combination thereof.
Familial status means the status of living alone or in any familial relationship
whatsoever, including, but not limited to, living with a partner, whether maintaining the legal
status of being single, married, divorced, separated or widowed, and whether the partner is the
same sex or opposite sex, and of living with one or more dependents, whether minor or disabled
children or parents.
Gender identity or expression means having, or being perceived as having, a gender-
related self-identity, self-image, appearance, expression or behavior, whether or not such
gender-related characteristics differ from those associated with the person's assigned sex at
birth.
Labor organization means any person which exists and is constituted for the purpose, in
whole or in part, of collective bargaining or of representing employees in dealing with employers
concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions
of employment.
Person means any natural person, firm, corporation, labor organization, partnership or
other organization, association or group however organized.
Public accommodation means a place, business establishment or agency that sells,
leases, provides or offers any product, facility or service to the general public, regardless of
ownership or operation:
(1) By a public body or agency;
(2) With or without regard to profit; or
(3) For a fee or not for a fee. An institution, club, association or other place of accommodation
that has more than 100 members, and provides regular meal service and regularly receives
payment for dues, fees, accommodations, facilities or services from or on behalf of
nonmembers for the furtherance of trade or business shall be considered a place of public
accommodation for purposes of this article.
Religion means aU aspects of religious observance and practice, as well as belief.
Sexual harassment means any unwelcome sexual advances or requests for sexual
favors or conduct of a sexual nature when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an
individual's employment;
(2) Submission to or rejection of such conduct by an individual is used as the basis for any
employment decision affecting the individual; or
(3) Such conduct has the purpose or effect of substantially interfering with an individual's work
performance or creating an intimidating, hostile or offensive w9rking environment.
Sexual orientation means the actual or perceived state of heterosexuality,
homosexuality or bisexuality.
(Code 1979, S 13-102; Ord. No. 36-2001, S 1; Ord. No. 008-2003, S 1)
Sec. 14-41. Prohibited conduct--Employment.
(a) No person shall directly or indirectly discriminate against any individual in hiring,
classification, grading, discharge, discipline, compensation or other term or condition of
employment because of the individual's race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age. No
employment agency shall directly or indirectly discriminate against any individual in
classification, processing, referral or recommendation for employment because of the
individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age.
(b) The prohibitions contained in this subsection shall not apply to any of the following:
(1) Using an individual's unfavorable discharge from military service as a valid employment
criterion where the affected position of employment involves the exercise of fiduciary
responsibilities and the reasons for the unfavorable discharge related to his fiduciary capacity;
(2) Hiring or selecting among individuals for bona fide occupational qualifications; or
(3) Giving preferential treatment to veterans and their relatives as required by federal or state
law or regulation.
(c) No employer, employee, agent of an employer, employment agency, or labor organization
shall engage in sexual harassment. An employer shall be liable for sexual harassment by
nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes
aware of the conduct and fails to take reasonable corrective measures.
(d) No employer shall refuse to make all reasonable efforts to accommodate the religious
beliefs, observances and practices of an employee unless the employer demonstrates that the
employer is unable to reasonably accommodate the employee's religious observance or
practice without undue hardship on the conduct of the employer's business. Reasonable efforts
to accommodate include, but are not limited to, allowing an employee:
(1) To take a day of paid leave or vacation, where applicable under the employee's
employment agreement;
(2) To be excused from work without pay and without discipline or other penalty; or
(3) To elect to take the day off with pay in order to practice the employee's religious beliefs,
and to make up the lost work time within the same pay period of the employer at a time and
date consistent with the operational need of the employer's business.
(e) Any employee who elects such deferred work shall be compensated at his regular rate of
pay, regardless of the time and date at which the work is made up. The employer may require
that any employee who plans to exercise the provisions of subsection (d)(3) of this section
provide the employer with notice of the employee's intention to do so, no less than ten days
prior to the date of absence.
(Code 1979, 9 13-103(a)--(e); Ord. No. 36-2001, S 1; Ord. No. 008-2003, SS 2,3)
Sec. 14-42. Same--Credit.
No person shall discriminate against any individual in any aspect of any credit
transaction, or in any terms and conditions of bonding because of the individual's race, color,
sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age.
(Code 1979, S 13-103(f); Ord. No. 36-2001, S 1)
Sec. 14-43. Same--Public accommodations.
No person who owns, leases, rents, operates, manages or in any manner controls a
public accommodation shall withhold, deny, curtail, limit or discriminate concerning the full use
of such public accommodation by any individual because of the individual's race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age. The prohibition contained in this section, shall not apply to any facility, as
to discrimination based on sex, that is distinctly private in nature, such as restrooms, shower
rooms, and dressing rooms.
(Code 1979, S 13-103(g); Ord. No. 36-2001, ~ 1)
Sec. 14-44. Retaliation.
No person shall retaliate against any individual because that individual in good faith has
made a charge, testified, assisted or participated in an investigation, proceeding or hearing
under this article.
(Code 1979, S 13-103(h); Ord. No. 36-2001, S 1)
Sec. 14-45. Liberal construction; alternative remedies.
The provisions of this article shall be liberally construed for the accomplishment of the
purpose hereof. Nothing in this article shall be construed to limit rights granted under the laws of
the state or the United States. Nothing in this article shall be construed to waive the right of any
person to file a charge with any agency with the authority to investigate or act upon the
complaint.
(Code 1979, ~ 13-106; Ord. No. 36-2001, ~ 1)
Secs. 14-46--14-72. Reserved.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division: County Attorney's Office
Bulk Item: Yes XX No
Staff Contact Person: Bob Shillinger x3470
AGENDA ITEM WORDING: Approval ofa Resolution in support of the Boy Scouts amended
application to rename all of the Spanish Harbor Keys, including West Surmnerland Key, to "Scout Key".
ITEM BACKGROUND: The Boy Scouts previously submitted an application to the U. S. Board of
Geographic Names to rename West Summerland Key to "Scout Key". The Boy Scouts recently
amended that application to rename all of the Spanish Harbor Keys to Scout Key after the Board of
Geographical Names determined that West Surmnerland Key was the name associated with only part of
the land mass known at Spanish Harbor Keys. The Board of Geographical Names has requested the
County's input on whether it supports the amended application.
PREVIOUS RELEVANT BOCC ACTION: On June 17,2009, the Board adopted Resolution 178-
2009 endorsing the application to change the name of West Sunnnerland Key to Scout Key.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: None
INDIRECT COST: None BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No ..lL
AMOUNT PER MONTH
Year
APPROVED BY: County Atty ro- OMBlPurchasing _ Risk Management _
DOCUMENTATION:
Included XX
Not Required
DISPOSITION:
AGENDA ITEM #
Revised 2/05
RESOLUTION NO.
- 2010
A RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS IN
SUPPORT OF THE RENAMING OF SPANISH
HARBOR KEYS TO "SCOUT KEY".
Whereas, the County has previously adopted Resolution 178-2009 in support of the
application of the Boys Scouts of America to rename West Summerland Key to "Scout Key";
and
Whereas, the U.S. Board of Geographic Names recently reviewed that application but
deferred action because that Board determined that the name "West Summerland" is assigned to
only part of the land mass known as Spanish Harbor Keys; and
Whereas, the Boy Scouts have amended their application to rename all of Spanish
Harbor Keys, including West Summerland Key as Scout Key; tind
Whereas, County maps, including those of the Momoe County Property Appraiser only
depict the land mass in question as West Summerland Key; and
Whereas, West Summerland Key is identified as Feature ID # 293123 by the U. S. Board
of Geographic Names; and
Whereas, the U. S. Board of Geographic Names require, as part of their review, input
from local government regarding the renaming of the island and the amended application; and
Whereas, the Board of County Commissioners of Momoe County, Florida desire to
publicly recognize the benefits of scouting for the youth of this community and the impact
scouting has made in the history ofthis island in the Florida Keys;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, that:
1. The Board supports the renaming of Spanish Harbor Keys including that portion
officially designated as West Summerland Key to "Scout Key".
2. The Clerk is hereby directed to forward a certified copy of this resolution to the U. S.
Board of Geographic Names, U. S. Geological Survey, 12201 Sunrise Valley Drive,
MS 523, Reston, VA 20192-0523; the Florida State Board on Geographic Names,
FREAC, UCC 2200, Florida State University, Tallahassee, FL 32306-2641; and the
South Florida Council, Boy Scouts of America, 15255 N. W. 82nd Avenue, Miami
Lakes, FL 33016.
Page 1 of2
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting on said Board on the 17th day of March 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner George Neugent
Commissioner Mario Di Gennaro
Commissioner Kim Wigington
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: DANNY L. KOLHAGE, CLERK
BY:
BY:
Deputy Clerk
Mayor Sylvia Murphy
,
MONROE COUNTY ~;lORNEY
AP 7 . ORM:
OBERT B. SHILLINGER, JR.
CHIEF ASSISTANT COUNTY ATTORNEY
Date: ~ - I. I ()
Page 2 of2
Shillinger-Bob
From: Don Craig [don@craigcompany.com]
Sent: Friday, February 26, 2010 2:43 PM
To: Shillinger-Bob
Subject: Fwd: Boy Scout Camp Sawyer Renaming
for your information. please include in your packet to the BoCC.
Don
Begin forwarded message:
From; "Sally Boggess" <sboooess@qirlscoutsfl.oro>
Date: February 25,20102:14:21 PM EST
To: <don@craiqcompanV.com>
Subject: Boy Scout Camp Sawyer Renaming
Don:
Maria and our Chair ofthe Board, Irela Bague, are at a Girl Scout national meeting and
they asked me to get back to you regarding your recent e-mail about efforts to rename
West Summerland Key to Scout Key.
Maria discussed this issue with lrela and other Key volunteers. As a result, in an effort to
be good neighbors we will not oppose the renaming of the Key. However, as you may be
aware, on the local level as well as the national level of Girl Scouts of the USA, we never
refer to ourselves as just "Scouts", like the Boy Scouts do. We always refer to ourselves,
internally and externally, as "Girl Scouts" which not only defines our organization but
separates us from being confused with the Boy Scout organization.
Therefore, we ask that you include our legal name "Girl Scout Council of Tropical Florida,
Inc." in all of your materials, press releases, ete. regarding this issue and in the future. In
addition, when applicable, please make the distinction that we are "Girl Scouts" and not
use "Scouts" to refer to both organizations.
As you may be aware, our camp was named many years ago "We-sum-kee" in recognition
of West-sum-erla nd Key. So, you can see, there are two issues involved which dampens
our spirits on this renaming issue. However, as we previously stated, we will not know
oppose your efforts.
If this issue moves forward, is there road signage planned? If so, we would like to be
contacted for input on the signs.
Sincerely- and on behalf of Maria and Irela,
Sally
Sally Ann Boggess, Chief Operating Officer
Girl Scout Council of Tropical Florida, Inc.
11347 SW 160 Street
Miami, FI 33157
3/112010
Page 1 of2
Page 2 of2
Tel: 305-253-4841, Ext 233 Fax: 305-253-2132
1-800-282-9576
sboggess@girlscoutsfLorg
www.gjrlscoutsfl.org
Girl Scouting builds girls of Courage, Confidence, & Character, who make the world a better place.
Girl Scouts ayuda alas ninas a desarrollar la confianza en si mismas, el valor y los principios para hacer del
mundo un mejor lugar.
This information is intended for the exclusive use ofthe individual or entity to whom it is addressed and may contain information that
is proprietary, privileged, confidential and exempt from disclosure under applicable state or federal taw. You are hereby notified that
any unauthorized copying, disclosure or distribution of this information is prohibited. If you have received this communication In error
(or are not an employee or agent responsible for delivering this information to the intended recipient), please Immediately notify the
sender to arrange for the return or destruction of the information and all copies.
Donald Leland Craig, AICP
T t!.t c,""'i Cc*'fM'<;
don@craiqcompany,com
3/1/2010
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3/17/2010
Division: County Attorney
Bulk Item: Yes
No ..lL
Staff Contact PersonlPhone #: Bob Shillinger. x3470
AGENDA ITEM WORDING: Discussion of negotiations with FEMA regarding proposed
modifications to the County's floodplain management ordinances and related matters.
ITEM BACKGROUND: Last month, the Board adopted a resolution calling on FEMA to end the
Pilot Inspection Program codified at 44 CFR 59.30 and directed staff to seek FEMA's response to the
resolution during a previously arranged conference call scheduled for February 25, 2010. As widely
reported, FEMA regional office rejected the County's request but indicated a willingness to consider
adjustments to the County's own floodplain management ordinances. Staff seeks direction and input
from the Commission on what steps, if any, to take next. Any direction given which would result in
legislative action by the Board would be brought back for formal consideration at public hearing to be
announced at a later date.
PREVIOUS RELEVANT BOCC ACTION: BOCC adopted first floodplain ordinance in 1975, which
has been modified and amended several times during the intervening years. On February 17, 2010, the
Board adopted Resolution 026-2010.
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: None.
TOTAL COST: nla
INDIRECT COST: nla
BUDGETED: nla
COST TO COUNTY: nla
SOURCE OF FUNDS: nla
REVENUE PRODUCING: nla
AMOUNT PER MONTH
Year
APPROVED BY: County Atty X
OMB/Purchasing _
Risk Management _
DOCUMENTATION:
Included X
Not Required _
DISPOSITION:
AGENDA ITEM #
Revised 1/09
Commissioner Di Gennaro
RESOLUTION NO. 026 - 2010
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RESPECTFULLY REQUESTING THAT THE FEDERAL
EMERGENCY MANAGEMENT AGENCY TERMINATE THEm
PILOT INSPECTION PROGRAM FOR DOWNSTAIRS
ENCLOSURES.
WHEREAS, Monroe County has participated in the National Flood fusurance Program
since 1975; and
WHEREAS, Monroe County recognizes and appreciates the benefits associated with
being a National Flood Insurance community and does not wish to jeopardize participation in
the National Flood Insurance Program (NFIP); and
WHEREAS, Monroe County became the only named county in the United States Code
of Federal Regulations 44 CFR 59.30 when the U.S. Federal Emergency Management Agency
("FEMA") established a pilot inspection program under 44 CFR 59.30 for Monroe County; and
WHEREAS, 44 CFR 59.30 became effective March 8, 2002; and
WHEREAS, Monroe County has cooperated with FEMA's Pilot Inspection program
since its effective date; and
WHEREAS, Monroe County's compliance with NFIP standards now equals or exceeds
that of other communities in the National Flood Insurance Program; and
WHEREAS, Congress may taken action which includes NFIP raising rates on all "high
risk" areas, phasing out the grandfathered subsidy status of all pre-FIRM homes, and requiring
multiyear flood insurance policies which will likely increase all Keys home, commercial
property and business owners FEMA flood insurance premiums; and
WHEREAS, failing to act now to terminate the pilot inspection program, thus
preserving the Monroe County's special regulation in 44 C.F.R 59.30, will further jeopardize
Monroe County's position during Congressional negotiations; and
WHEREAS, Monroe County has demonstrated its willingness to enforce floodplainemanagement regulations and is committed to complying with NFIP regulations in the future;
now therefore
Res FEMA terminate inspect program
REV Page 1 only
1
BE IT ItESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Sedion 1. RespcctfulJy requests that FBMA immediately declare lite Pilot Inspection
Program (c:odified at 44 c.F.ll. 59.30) 1Brmiftlriwl, and have Momoe Co1JDJ:YS name stricken
from the Code of Federal Regal8~ and allow Monroe County to continue to amduct
fIoodpJain ~3"'.ment as JeqUiIed by 44 C.F. R. 60.3, whicb governs all other National Flood
lnsunmce Program communities.
PASSED AND ADOPl'ED by the Board ofCmmty CmmnissioneB of Monroe Omnty,
Florida. al a regular meeting of said Boud held on the 17th day of FebmaJy, 2010.
Mayor Sylvia MuIphy
Mayor Pro Tem Heather CarrutheIs
Commissioner Mario DiGennaro
Cnnlflti..dnf\er George Neugent
Commissioner Kim W'Jgington
No
Yes
Yes
Yes
Yes
AT1'EBl": Danny L Kohlagc, Cle1k
BY~C. mnJ~
Deputy Oerk
BOARD OFCOllNTY COMMISSIONEIIS OF
MO~~
By: . ~
ayar S . Murphy
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2010
Division: County Attorney
Bulk Item: Yes
No
Department: County Attorney
Staff Contact Person/Phone #: Natileene Cassel
292-3470
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an
Ordinance amending the Monroe County Code Section 6-198 to update the construction industry
definitions of various trades by adding new trades and eliminating some trades, to update testing
requirements for licensure as recommended by the Construction Examining Board and to make
the section easier to read by alphabetizing the trades and specialties.
ITEM BACKGROUND: Over the last few years, the definitions and regulations of the various trades
defined in the Monroe County Code have needed to be changed. The Contractors Examining Board has
made several recommendations for changes in the code and has asked that the Section 6-198 be revised
to reflect those changes and to make the code easier for the public to understand.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
-0-
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~B/purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
ORDINANCE NO.
-2010
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 6-198 OF THE MONROE
COUNTY CODE; AMENDING SECTION 6-198
DEFINITIONS; ALPHABETIZING THE DEFINITIONS;
PROVIDING FOR REQUIRED EXAMINATIONS AND
EXPERIENCE IN VARIOUS CONTRACTOR
CATEGORIES AND SPECIALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 6-198, contains the definitions for the various contracting trades; and
WHEREAS, over the years the various definitions of trades, testing requirements and
certification requirements have changed or been added to reflect the changing construction
industry: and
WHEREAS, the sections need to be revised and to be alphabetized to facilitate understanding of
the section; and
WHEREAS, the Contractor's Examining Board requested that the revisions be made and be
placed before the Board of County Commissioners for approval
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONER OF MONROE COUNTY, FLORIDA:
Section 1. The introductory language in Section 6-198 of the Monroe County Code is hereby
amended to read as follows:
All of the contractor categories shall require experience in the field and shall be tested in
the business & law exam and in the trade category in which they seek licensure as
determined by state statute or by this chapter, or unless otherwise exempted by this
chapter. The contractor's examining board shall make interpretations, as needed, of
the scope of services permissible under this section by any contractor or specialty
contractor. The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Section 2. The definitions in Section 6-198 of the Monroe County Code is herby amended to
read in alphabetical order, with new subheadings, and with the body of the definitions to be
amended as follows:
Air Conditioning contractor is divided into the following classes:
ill Class A air conditioning contractor means any person whose services
are unlimited in the execution of contracts requiring the experience,
knowledge and skill to install, maintain, repair, fabricate, alter, extend or
design, when not prohibited by law, central air conditioning,
refrigeration, heating, and ventilating systems, including duct work in
connection with a complete system only to the extent such duct work is
perfoillled by the contractor as is necessary to make complete an air-
distribution system, boiler and unfired pressure vessel systems, and all
appurtenances, apparatus or equipment used in connection therewith, and
to install, maintain, repair, fabricate, alter, extend or design, when not
prohibited by law, piping, installation of pipes, vessels and ducts,
pressure and process piping, pneumatic control piping, and installation of
a condensate drain from an air conditioning unit to an existing safe waste
or other approved disposal other than a direct connection to a sanitary
system. The scope of work for such contractor shall also include any
excavation work incidental thereto, but shall not include any work such
as liquefied petroleum or natural gas fuel lines within buildings, potable
water lines or connections thereto, sanitary sewer lines, swimming pool
piping and filters, or electrical power wiring. All applicants for Class A air
conditioninf! contractor shall be required to pass the business & law exam and
the appropriate trade exam and to have a minimum of six ( 6) years experience in
the field, as demonstrated to the satisfaction of,the licensing board.
ill Class B air conditioning contractor means any person whose services
are limited to twenty-five (25) tons cooling and five hundred thousand
(500,000) Btu heating (in anyone (1) system) in the execution of
contracts requiring the experience, knowledge and skill to perform the
following: install, maintain, repair, fabricate, alter, extend or design,
when not prohibited by law, central air conditioning, refrigeration,
heating and ventilating systems, including duct work in connection with
a complete system only to the extent such duct work is performed by
the contractor as is necessary to make complete an air distribution system
being installed under this classification; and to install, maintain, repair,
fabricate, alter, extend or design, when not prohibited by law, piping,
installation of pipes, vessels and ducts, and installation of a condensate
drain from an air conditioning unit to an existing safe waste or other
approved disposal other than a direct connection to a sanitary system, all
in such a manner as to comply with all plans, specifications, codes, laws
and regulations applicable thereto. All applicants for Class B air
conditioning contractor shall be required to pass the business & law exam and
the appropriate trade exam and to have had a minimum of six ( 6) years
experience in the field, as demonstrated to the satisfaction of the licensing
board.
ill Class C air conditioning contractor means any person whose business is
limited to the servicing of air conditioning, heating or refrigeration
systems, including duct alterations in connection with those systems said
contractor is servicing, and whose certificate of competency issued
pursuant to this article was valid on February 9, 1993. No person not
previously certified as a Class C air conditioning contractor as of
February 9, 1993, shall be certified as a Class C air conditioning
contractor after February 9, 1993. However, the contractor's examining
board shall continue to certify and regulate those Class C air
conditioning contractors who held Class C certificates of competency
prior to February 9, 1993, those persons holding such license on the
effective date of this subsection shall be entitled to renew such license
but at such time that the license is allowed to expire, it shall not be
reinstated through the reinstatement provisions of the licensure chapter.
Apprentice means a person learning a craft under a skilled worker; hence, a
beginner, and as such must have a minimum of three ill years experience before taking a
Journeyman exam.
Building contractors means those whose services are limited to construction of
commercial buildings and single- or multiple-dwelling or residential buildings, neither to
exceed three stories in height, and accessory use structures in connection therewith, or
those whose services are limited to remodeling, repair or improving any size of building.
If the services affect the structural members of the building, drawings sealed by an
engineer or architect are required. However, they must comply with the same regulations
in regards to subcontractors as a general contractor. All applicants for building
contractor shall be required to pass the business & law exam and the appropriate trade
exam and to have had a minimum of four (4) years experience in the field, as
demonstrated to the satisfaction of the licensing board.
Contractor means a person who possesses the requisite skill, knowledge, financial
responsibility and experience to supervise, direct, manage and control the contracting
activities of the business entity with which he is connected and whose technical and
personal qualifications have been determined by investigation and examination as
provided in this chapter, and any person who meets the state statutory definition of
contractor in the chapter on construction contracting.
Demolition means the dismantlement, disassembly, demolishing, wrecking, or removal of
structures or parts thereof and removing the debris therefrom in such a manner that
adjoining structures and properties and parts thereof and workmen and other persons may
be kept safe. A contractor holding a certificate of competency under this chapter or F.S.
9489, pt. I (F.S. 9489.101 et seq.) may perform demolition of those elements of a
structure or components thereof which said contractor is licensed to construct,
assemble or install. General contractors, building contractors, and residential
contractors may totally demolish such structures, including the roofs, as they are licensed
to construct after they have received from the properly licensed contractor a certificate
that electricity, water, and any gaseous substances have been disconnected by said
contractors from the source or supply at a point outside the structure to be demolished.
Any demolition of a structure which is suspected to contain asbestos requires review by,
and if necessary, coordination of activity through the Florida Dept. of Environmental
Protection (DEP) prior to the start of work. After May L 1997, Monroe County shall no
longer certify demolition specialty contractors. However, the board shall continue to
license and regulate those demolition specialty contractors who held certificates of
competency prior to May 1, 1997. Those persons holding such license on the effective
date of this subsection shall be entitled to renew such license but at such time that the
license is allowed to expire, it shall not be reinstated through the reinstatement provisions
of the licensure chapter.
Electrical contractor means a contractor doing work on any premises or in any building
or structure requiring the installation, repair, alteration, addition or changes to any system
of electrical wiring, apparatus or equipment for light, heat or power. This work may
include all electrical installations for which he holds a certificate of competency on
private and public property and within substations and plants, and an electrical contractor
may contract therefore and will be issued permits for such work by the administrative
agency concerned. All applicants for electrical contractor, shall be required to pass the
business & law exam and the appropriate trade exam and to have had a minimum of
six (6) years experience in the field, as demonstrated to the satisfaction of the licensing
board.
Engage in business means doing a trade for any owner or any tenant of land or of a
building or of any part thereof, or for any person, firm or corporation in possession or in
charge of the same or any part thereof, or entering into a contract with any such owner,
tenant, person, firm or corporation for the doing of a trade.
Engineerinz contractor is divided into Class I general engineering contractor, Class II
specialty engineering contractor, and Class III sub-engineering contractor.
(1) Class I general engineering contractor may perform the following work:
a. Construct foundations including the excavating, forming and
placing of reinforcing steel and concrete and perform other
incidental work thereto; and
b. Other concrete and engineering work, including but not limited
to, harbors, docks excavating, filling and grading, drainage, pile
driving, levees, pumping stations, and similar types of work in
conjunction with water power, water control, waterworks and
water supply, paving and sidewalks, curbs and gutters, streets
and roads, bridges and overpasses and underpasses in streets,
roads and public thoroughfares, underground sewage collection
and disposal systems, bulk heading and underground utility line
construction, both sanitary and storm sewer systems and similar
work. No person not previously certified as a Class I
general engineering as of February 18,2004, shall be certified as
a Class I general engineering after February 18,2004.
However, the Contractors Examining Board shall continue to
certify and regulate those Class I engineering contractors who
were certified on February 18, 2004, those persons holding such
license on the effective date of this subsection shall be entitled to
renew such license but at such time that the license is allowed to
expire, it shall not be reinstated through the reinstatement
provisions of the licensure chapter.
(2) Class II, specialty engineering contractor, is an engineering contractor,
under the jurisdiction of the county examining board, who specializes in
one (1) or more of the following engineering crafts and whose scope of
work is so limited under his certificate of competency. His principal
contracting business is the execution of contracts, in some instances sub-
contracts, and possibLy involving two (2) or more trades requiring the
experience, financial means, knowledge and skill, as here set forth, to
engage in the business of the particular engineering specialty concerned
in such a manner as to comply with all plans, specifications, codes, laws,
and regulations applicable. A specialty engineering contractor (Class II)
may contract for and take out pennits for any and all work or trades
connected with his present project or with the construction industry,
except that in those trades for which a "master" is specifically required,
he shall subcontract with a qualified contractor holding a current
certificate of competency in that field. All pennits for soakage pits, dry
wells, catch basins and connection pipes or filled property shall be
secured from the proper authority and installations made in accordance
with the Standard Building Code
a. An "excavating and grading engineering contractor" is an
engineering contractor, qualified by the experience and skill
gained by not less than three (3) years as a general
superintendent for an engineering contractor. as demonstrated to
the satisfaction of the licensing board, or education equivalent
thereto, or a combination thereof, and qualified and certified to
make excavations, obtain or remove materials such as rock,
gravel or sand, to construct or excavate canals, lakes, levees,
roadways, including land clearing, filling and excavating and
grading engineering contractor,may do the work of a land
clearing and grubbing contractor. Auguring is allowed under
excavating and grading engineering contractor except in cases
where the auguring is controlled bv FDEP for well drilling. In
addition, to the experience listed herein. all applicants for
"excavatinz and grading enzineerinz contractorll shall be
required to pass the business & law examination and the
appropriate trade exam.
A "fiwl t,"a,'xso"IxissiO:1 and distribution !i110 cngineering
contract-o,'-" is an engineering contractor, having the experience
and skill gained by not less than three (3) yoars experience in this
field or education equivalent thereto, or a combination thereof,
qualified and certified to exca','ate for and construct, alter, repair
and maintain transmission and distribution lines for liquid or
gaseous fuels under pressure in ''velded pipes, including pumping
and booster stations, valves, meters and similar components
incidental thereto and restoration of pavement. The scope of
work of a "fuel trans:nissiol'l and d-ist,"ibutiol'llinc ongi:'lccring
cont,"acfor" shall be considered to stop at the metering: de'/ice.
b. A "hydraulic dredging engineering contractor" is an engineering
contractor having the experience in this field or education
equivalent thereto or a combination thereof, qualified and
certified to make submarine excavations, to remove from
underwater locations, materials such as rock, gravel, silt, mud,
marl or clay, to excavate canals, channels, lakes, borrow areas, to
construct fills, embankments or stockpiles, using floating
hydraulic dredging equipment All applicants for "hvdraulic
dredging engineeril1f! contractor" shall be required to pass the
business & law exam and the appropriate trade exam and to have
had a minimum three (3) years experience in the field. as
demonstrated to the satisfaction of the licensing board.
c. A "S3tl'::a!i and saw!! dock engineering contractor" "marine
construction enzineerinz contractor" is an engineering
contractor, having the experience and skill gained by not less
than three (3) years as a general superintendent for an
engineering contractor, as demonstrated to the satisfaction of the
licensing: board or education equivalent thereto, Of a
combination, and qualified and certified to construct seawalls
and small docks. A seawall and small dock engineering
contractor may drive piling for one-story building construction,
seawalls and small docks. . In addition, to the experience listed
herein, aU applicants for "marine construction enzineering
contractor" shall be required to pass the business & law exam
and the appropriate trade exam.
d. A ''paving engineering contractor" is an engineering contractor
having the experience and skill gained by a minimum of three
(3) years as a general superintendent for an engineering
contractor, as demonstrated to the satisfaction of the licensing
board or education equivalent thereto or a combination thereof,
and qualified and certified to construct roads, airport runways
and aprons, parking lots, sidewalks, curbs and gutters, property
line walls, asphalt paving, concrete paving, and to perform the
excavating, clearing and grading incidental thereto. A paving
engineer contractor may not excavate for canals and lakes, or
construct storm drainage facilities. In addition, to the experience
listed herein, all applicants for "vavinz enzineerinz
contractor << shall be required to pass the business & law exam
and the appropriate trade exam.
e. A "pile driving and foundation engineering contractor" is an
engineering contractor having the experience and skill gained by
not less than three (3) years as a general superintendent for a
general building or general engineering contractor or education
equivalent thereto, or a combination thereof" as demonstrated to
the satisfaction of the licensing board and qualified and
certified to drive piling including sheet piling and construct
foundations including the excavating, forming and placing of
reinforcing steel and concrete and perform other work incidental
thereto. In addition, to the experience listed herein. all applicants
for ''pile driving and foundation engineering contractor" shall be
required to pass the business & law exam and the appropriate
trade exam.
."'. "pipc!j;le engineering cO;ltracto;." is an engineerin-g contractor
qualified by the experience and skill gained by not less than five
(5) years as a general superintendent for a general engineering
contractor or pipeline engineering contractor, as demonstrated to
the satisfaction of the licensing board or education
equivalent thereto, or a combination thereof and certified to
eKCQ','ate, construct, install, repair or alter pipelines, such as
':/ater and gas transmission and distribution lines, storm and
sanitary sewerage lines, force mains, outfalls and pumping
facilities incidental to the collection or installation and placing
,....ithin a structure ';:hich is oonstructed for the purpose of
pumping or processing such pipeline products. /. pipeline
engineering oontractor may construct or install junction boxes,
manholes, inlets, valves, and similar components, in such
manner as to comply ':lith all plans specifications, codes,
laws and regulations applicable. The work orthe pipeline
engineering contractor shall be considered to stop at a point
five ill feet from a building not specifically constructed for the
purpose of pumping or processing pipeline products
ill Class 111, sub-engineering contractor or land clearing and grubbing
engineering contractor is any person who held a certificate of
competency for this category on August 16, 1994, and is an engineering
contractor having the experience and skill gained by not less than one (1)
year as a general superintendent for an engineering contractor ef-
education equivalent thereto, or a combination thereof, and qualified and
certified to clear land of surface debris and vegetation growth, including
the grubbing of roots, the removal of the debris therefrom and the
general leveling of the surface thereinafter and work incidental thereto. A
Class III engineering contractor may take out permits for work falling
within his particular specialty or specialties except in those trades for
which a master is specifically required; he shall subcontract with a
qualified contractor holding a current certificate of competency in that
field. All permits for soaking pits, dry wells, catch basins, and
connection pipes or filled property shall be secured from the proper
authority and installation made in accordance with the Standard Building
Code. No person not previously classified as a Class III, sub-engineering
contractor or land clearing and grubbing engineering contractor as of
August 16, 1994, shall be certified as a Class III, sub-engineering
contractor or land clearing and grubbing engineering contractor after
August 16, 1994. However, the contractor's examining board shall
continue to certify and regulate those persons holding a Class III sub-
engineering contractor or land clearing and grubbing engineering
contractor certificate of competency prior to August 16, 1994, provided
that the certificates of competency are maintained in good standing
pursuant to all other provisions ofthis chapter, and rules and regulations
promulgated hereunder. Those persons holding such license on the
effective date of tills subsection shall be entitled to renew such license
but at such time that the license is allowed to expire. it shall not be
reinstated through the reinstatement provisions of the licensure chapter.
(3) Certification rcstrictiD:1s. No person not previously certified as a class I general
engineering or as class II, specialty engineering contractor in the subclasses pipeline, pile
driving and foundation, seawall and small dock, fuel transmission and distribution line,
and hydraulic dredging, as of February I g, 2001, shall be certified as a class I general
engineering or class II specialty engineering contractor after February 18, 2001.
However, the contractors examining board shall continue to certify and regulate those
class I and specified class II engineering contractors '.'lho "'.ere certified on February 18,
2001, provided that such engineering contractom maintain their certificates of
competency in good standing pursuant to this chaptcr and rules promulgated hereunder.
Firm shall include a sole proprietorship, partnership, corporation, association or
any other type of business organization.
General contractor means those whose services are unlimited al7effi as to the type of
work they may do as follows: any person who, for compensation, undertakes to or
submits a bid to or does himself or by others, construct, repair, alter, remodel, add to,
subtract from, improve any building or structure, including related improvements to real
estate for others, or for resale to others. If the services affect the structural members of
the building, drawings sealed by an engineer or architect are required. However, a
contractor shall subcontract the electrical, plumbing, mechanical, roofing, sheet metal,
and air conditioning work, unless he holds a certificate of competency for the respective
trade. However, he shall not be required to subcontract for shingle roofing. All
applicants for rzeneral contractor shall be required to pass the business & law exam and
the appropriate trade exam and to have had a minimum of six (6) years experience in the
field. as demonstrated to the satisfaction of the licensing board.
Journeyman. The term "journeyman" shall mean any person who possesses the required
skills, knowledge and experience, as evidenced by three (3) years' proven experience in
the trade or craft, as demonstrated to the satisfaction of the licensing board, ef
educational equi'.'lllent thereto, or a combination thereof, but not more than one half (1/2)
of such experience may be by education equivalent, and who has passed the business and
law examination and an examination in his particular trade or craft and possesses a valid
certificate of competency as a journeyman in such trade or craft. All work shall be done
under the direct supervision ofa master or journeyman on all job sites.
Maintenance personnel indudes all maintenance personnel who are regularly employed
to maintain and make minor repairs to systems, apparatus and equipment, such as
plumbing, electrical, refrigeration, air conditioning, ffi:ei.le boiler, heating and ventilating,
which is installed, contained in and used upon premises or in buildings owned, occupied
or controlled by the person or firm by whom such personnel is employed. Such
maintenance personnel must hold a current certificate of competency for maintenance
work or as master or journeyman in the trade or trades in which they are to engage. A
master or a journeyman will automatically qualify, without further examination as
maintenance personnel in their particular trade. The term "maintenance" as used in this
paragraph is not intended to include operators of appliances or equipment. Those persons
holding such license on the effective date of this subsection shall be entitled to renew
such license but at such time that the license is allowed to expire. it shall not be reinstated
through the reinstatement provisions of the licensure chapter.
Master means any person who possesses the necessary qualifications, training and
technical knowledge to do, plan, layout and supervise the work connected in his
particular trade. He must be a qualified contractor or work for a qualified contractor, and
hold a current certificate of competency indicating his qualification, in order to work in
his trade All applicants for master shall be required to pass the business & law exam and
the appropriate trade exam and to have had a minimum of six (6) years experience in the
field. as demonstrated to the satisfaction of the licensing board.
Master sign contractors means those who may erect, fabricate, repair or maintain for
themselves or others any sign as defined in the part II of this Code. They may constmct
meter centers or services for individual or a series of signs, and install transformers and
any device for and pertaining to illumination of signs. They may not cOlmect a circuit to a
panel, except for a sign. All applicants for master sign contractor shall be required to
pass the business & law exam and the appropriate trade exam and to have had a minimum
of six (6) years experience in the field, as demonstrated to the satisfaction of the
licensing board.
Mechanical contractors means those whose services are unlimited in the execution of
contracts requiring the experience, knowledge and skill to perfonn the following:
install, maintain, repair, fabricate, alter, extend or design, when not prohibited by law,
central air conditioning, refrigeration, heating and ventilation systems, including duct
work in connection with a complete system only to the extent such duct work is
performed by the contractor as is necessary to make complete an air distribution system,
boiler and un fired pressure vessel systems, lift station equipment and piping, and all
appurtenances, apparatus or equipment used in connection therewith; and to install,
maintain, repair, fabricate, alter, extend or design, when not prohibited by law, piping,
insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control
piping, gasoline tanks and pump installation and piping for same, fire sprinkling systems
and stand pipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink
and chemical lines, fuel transmission lines and installation of a condensate drain from an
air conditioning to an existing safe waste or other approved disposal other than a direct
connection to a sanitary system, all in such a manner as to comply with all plans,
specifications, codes, laws and regulations applicable thereto. The scope of his work shall
also include an excavation incidental thereto, but shall not include any work such as
liquefied petroleum or natural gas fuel lines within buildings, potable waterlines, or
connections thereto, sanitary sewer lines, swimming pools piping and filters, and
electrical power wiring. All applicants for mechanical contractor shall be required to
pass the business & law exam and the appropriate trade exam and to have had a minimum
of six (6) years experience in the field, as demonstrated to the satisfaction of the
licensing board.
Plumbing contractor means a contractor who installs, maintains, repairs, alters, extends
or designs, when not prohibited by law, plumbing. A plumbing contractor may install,
maintain, repair, alter, extend or design, when not prohibited by law, the following
without obtaining any additional local regulatory license, certificate or registration:
sanitary drainage or storm drainage facilities; venting systems; public or private water
supply systems; septic tanks; drainage and supply wells; swimming pool piping;
irrigation systems; or solar water heating systems and all appurtenances, apparatus or
equipment used in connection therewith, including boilers and pressure process piping
and including the installation of water, natural gas (excluding liquid petroleum gases),
and storm and sanitary sewer lines; and water and sewer plants and substations. The
scope of work of the plumbing contractor also includes, when not prohibited by law, the
design, installation, maintenance, repair, alteration or extension of air piping, vacuum line
piping, oxygen line piping, nitrous oxide piping and all related medical gas systems; fire
line standpipes and fire sprinklers to the extent authorized by law; ink and chemical lines;
fuel oil and gasoline piping and tank and pump installation, except bulk storage plants;
and pneumatic control piping systems, all in such a manner as to comply with all plans,
specifications, codes, laws and regulations applicable. The scope of work of the plumbing
contractor shall apply to private property and public property, shall include any
excavation work incidental thereto, and shall include the work of the specialty plumbing
contractor including well drilling, swimming pool maintenance, lawn sprinkler systems.
Such contractor shall subcontract, with a qualified contractor in the field concerned, all
other work incidental to the work, but which is specified herein as being the work of a
trade other than that of plumbing contractor. All applicants for plwnbinz
contractor shall be required to pass the business & law exam and the master plumber
examination and to have had a minimum of six (6) years experience in the field, as
demonstrated to the satisfaction of the licensing board.
Pool contractors are those whose scope of work involves the construction and repair of
any pools, public or private, used for therapy, swimming or other use. This work shall
include, but not be limited to, layout, excavation operation of pumps for dewatering
purpose, steel work, installation of light niches, pouring of floors, guniting, installing of
tile and coping, installation of perimeter and filter piping, installation of all filter
equipment, and chemical feeder of any type, plastering of the interior, pouring of decks,
construction of equipment rooms or housing for pool equipment, and the installation of
package pool heaters. However, the scope of work of such contractor shall not include
direct connection to a sanitary sewer system, or to potable water lines. AU applicants for
pool contractor shall be required to pass the business. & law exam and the appropriate
trade exam and to have had a minimum of two (2) years experience in the field, as
demonstrated to the satisfaction of the licensing board.
Residential contractors are those whose services are limited to construction, remodeling,
repair, improvement of one-, two- or three-family unit residences not exceeding two (2)
stories in height and accessory use structures in cormection therewith. If the services
affect the structural members of the building, drawings sealed by an engineer or architect
are required. However, they must comply with the same regulations in regards to
subcontractors as a general contractor. All applicants for residential contractor shall be
required to pass the business & law exam and the appropriate trade exam and to have had
a minimum of four (4) years experience in the field, as demonstrated to the satisfaction
of the licensing board.
Roofing contractor is a contractor whose services are unlimited in the roofing trade and
who installs, maintains, repairs, alters, extends or designs, when not prohibited by law,
and uses materials and items used in the installation, maintenance, extension and
alteration of all kinds of roofing and waterproofing, all in such manner as to comply with
all plans, specifications, codes, laws and regulations applicable thereto. All applicants for
roofing: contractor shall be required to pass the business & law exam and the appropriate
trade exam and to have had a minimum of four (4) years experience in the field, as
demonstrated to the satisfaction of the licensing board.
Septic tank contractor is licensed by the State of Florida Department of Health. means a
contractor viho has experience and skill gained by not less than one (1) year as a general
superintendent for a plumbing or septic tank contractor, as demonstrated to the
satisfaction of the licensing board_or education equivalent thereto, or combination
thereof, and qualified and certified to install, clean, repair, alter, extend and excG'.'llte for
septic tallies, drain fields, interceptor tallies, dry wells, gas and oil interceptors, soakage
pits and catch basins, and shall not include any other plumbing ,::ork or connecting pipes
or pumps except the nonferrous pipes between the catch basin and soakage pit.
,^Jl of the forgoing and follo'lfing contractor categories shall be tested categories i:lfl!es.s
othcnvise exempted by this chaptor
Specialty contractors are those whose work consists of the performance of
construction work and skills that are usually a minor but important part of the
complete structure, or whose trades are unrelated to the integrity of the building
structure. Unless specifically specified below, all specialty contractors shall be
required for licensing to pass the business and law examination and shall have a
minimum two (2) years experience in the field. as demonstrated to the satisfaction of
the licensing board. The following is a list of specialty skills with the scope of work
that may be performed under the certificate for each specialty; a certificate of
competency shall be required for each specialty contractor:
ill Acoustical ceiling specialty contractor is qualified to fabricate,
install, maintain, alter or extend any acoustical ceiling material.
ill Aluminum, vinyl and plastic specialty contractor is qualified to
fabricate, install, maintain, alter or extend aluminum, vinyl and
plastic products such as metal, vinyl, or plastic sidings, awnings,
window frames, railings, screen and screen enclosures, and
canopies, including canopy frames for canopies fabricated from
materials other than aluminum, vinyl or plastic.
ill Asphalt seal and coating specialty contractor is qualified to coat
an existing asphaltic paving material with a sealer, which may be
applied by squeegee, broom or mechanical applicator; and to repair
deteriorated asphalt pavement through infrared technology or, up
to a maximum of one hundred (100) square feet of patch work on
a site, by cold patch technology, with no increase in the foot print
of the paved area.
ill Burglar alarm specialty electrical contractor is qualified to install,
repair, alter, add to or change any system electrically energized in
whole or in part, for the detection, prevention or control of
burglary. The scope of these systems shall include conductors and
raceways, radio frequency carriers, laser beams, light beams, sonic
beams, any other means of signal transmissions, as well as all
apparatus pertaining to burglar alarm systems. A burglar alarm
specialty electrical contractor may connect to an existing separate
circuit of approved capacity, which is terminated in an approved
outlet, junction box, or fused disconnect switch within six (6) feet
ofthe equipment to be energized.
ill Cabinet and mil/work specialty contractor is qualified to fabricate
and install cabinets of all kinds, prefabricated or on-site fabricated
of a non-structural nature; to apply paneling to the interior of the
structure, which paneling shall be of wood or synthetic products or
a combination of both; and to set door jams, hang doors, and apply
trim molding to the interior of a structure.
@ Demolition specialty contractor is qualified to demolish buildings.
No person not previously certified as a demolition specialty
contractor as of May 1, 1997, shall be so certified after May 1,
1997. However, the board shall continue to license and regulate
those demolition specialty contractors who held certificates of
competency prior to May 1, 1997, those persons holding such license on
the effective date of this subsection shall be entitled to renew such
license but at such time that the license is allowed to expire, it shall not
be reinstated through the reinstatement provisions of the licensure
chapter.
ill Drilling auger specialty contractor is qualified to drill auger holes
for persons who have obtained permits.
1].) Drywall specialty contractor is qualified to fabricate, install,
maintain, alter or extend any gypsum drywall products to wood or
metal studs, wood or steel joints and metal runners in the
buildings. The scope of the work shall include the preparation of
the surface over which the drywall product is to be applied,
including the placing of metal studs and runners and all
necessary trim.
ill Fence erector specialty contractor is qualified to erect fences of
wood, chain link or prefabricated materials. He may auger and
pour concrete for fence post anchorages.
{lQ} Fire alarm specialty contractor is qualified to install, repair, alter,
add to or change any system, electrically energized in whole or in
part, for the detection and prevention of fire, noxious gases, liquids
or atomic radiation. The scope of these systems shall include
conductors and raceways, radio frequency carriers, laser beams,
light beams, sonic beams, and any other means of signal
transmissions as well as all apparatus pertaining to fire alarm
systems. A fire alarm specialty contractor may connect to an
existing separate circuit, of approved capacity, which is terminated
in an approved outlet, junction box, or fuse disconnect switch
within six (6) feet of the equipment to be energized. Such
contractors must have a fire alarmjourneyman or master or
licensed fire alarm specialty contractor supervising the installation,
repair and alteration of any system at all times. A fire alarm
specialty contractor may not install, repair, or alter any fire
suppression or extinguishing system even if such system is
interconnected with a fire alarm system
Ol.l Flooring specialty contractor is qualified to install all types of
flooring except cementitious products, marble or terrazzo.
ill) Garage door opener/installation specialty contractor is qualified
to install automatic garage door openers in residential and
commercial buildings.
.!J1l Gasoline tank and pump specialty contractor is a specialty
mechanical contractor qualified and certified to install,
maintain, repair, alter or extend any system used for storing and
dispensing of gasoline, kerosene, diesel oils and similar liquid
hydrocarbon fuels or mixtures to be used solely in connection
with gasoline filling stations dispensing fuel to mobile vehicles or
marine equipment; provided, however, that bulk plants shall not be
a part of the scope of such work. No person not previously
certified as a gasoline tank and oumo soecialtv contractor as of
February 18,2004. shall be so certified after February 18. 2004.
However, the board shall continue to license and regulate those
zasoline tank and oumo soecialtv contractors who held certificates
of competency prior to February 18, 2004, but at such time that the
license is allowed to expire. it shall not be reinstated through the
reinstatement provisions of the licensure chapter.
ill) Glazing specialty contractor is qualified to install glass of all
kinds, and metal and wood window frames. All applicants for a glazing
specialty contractor shall be required to pass the business & law exam
and the appropriate trade exam and to have had a minimum of two (2)
years experience in the field, as demonstrated to the satisfaction of the
licensing board. Those persons holding such license on the
effective date of this subsection shall be entitled to renew such license
but at such time that the license is allowed to expire, it shall not be
reinstated until they have fulfilled the licensure requirements of this
chapter.
@ Gunite and sandblasting specialty contractor is qualified to gunite,
sandblast, place reinforcing steel for gunite work, place backing
for gunite work, and do forming. No person not previously
certified as a f!1,mite and sandblastimz SlJecialtv contractor as of
February 18, 2004. shall be so certified after February 18. 2004.
However. the board shall continue to license and regulate those
who held certificates of competencv prior to February 18. 2004, but
at such time that the a gunite and sandblasting soecialty contractor
license is allowed to expire, it shall not be reinstated through the
reinstatement provisions of the licensure chapter.
.Q.Ql Heating, ventilation and air conditioning duct installation
specialty contractor is a specialty mechanical contractor who is
qualified and certified to fabricate, adjust and install fiberboard or
flex duct designed by others and to install sheet metal duct
fabricated by others. This specialty contractor shall work under
the supervision of a mechanical contractor or other licensed air
conditioning contractor.
ill) House moving specialty contractor is qualified to move buildings.
He is allowed to block up a building prior to moving, but
foundations at the new site must be placed or installed by
others. No person not previously certified as a house moving
specialty contractor as of February 18, 2004, shall be so certified
after February 18. 2004. However. the board shall continue to
license and regulate those who held certificates of competency
prior to February 18. 2004, but at such time that the house movinz
soecialtv contractor license is allowed to expire. it shall not be
reinstated through the reinstatement provisions of the licensure chapter.
Hause sette," specialty contract:)r is qualified to lift, place, secure,
and assemble a modular structure on a foundation at a site for
',','hich 0 building pennit has been secured by a qualified individual.
"^~ house setter is not pennitted to perform any structural, electrical,
plumbing or mechanical ''!,'ork.
Q..ID. Insulating specialty contractor is qualified to place approved
insulation in any type structure.
ill) Landscaping specialty contractor is qualified to perform all
services that may be performed by someone holding a mowing and
yard service occupational license, as well as to install, alter,
maintain and trim trees, grass, shrubbery and plants, as well as
clearing, grubbing and pruning of trees, and the spreading of pea
rock less than one (1) inch in diameter and top soil, but not
including the alteration of the grade by the placement of
fill. Auguring for any purpose other than to install. alter. maintain
and trim trees. grass. shrubbery and plants is not allowed under this
specialty.
a. Landscaping curb contractor is qualified to form, mold,
and lay non-structural decorative curbing to be used for
landscaping purposes only.
@) Lawn sprinkler specialty contractor is qualified to install,
maintain, repair, alter, extend or design lawn sprinkling systems
and appliances and devices used in connection with such systems;
except that such systems shall not include the drilling of wells or
the connection of such systems to potable water
!lD Low voltage specialtv contractor is qualified to install, maintain,
repair, alter or extend any low voltage electrical construction less
than fifty (50) volts or equivalent root mean squared. All applicants
for low voltaze specialty contractor shall be required to pass the
business & law exam and the appropriate trade exam and to have had
a minimum of three (3) years experience in the field. as demonstrated to
the satisfaction of the licensing board.
(22) Masonry specialty contractor is qualified to place and finish
concrete, and to fabricate or install block, pavers and bricks
in a building. He cannot build or place forms or place steel in
anything other than non-structural concrete components, except
that he can place forms for the purpose of repairing spalling
concrete only.
.l1.J) Mobile home maintenance and repair specialty contractor is
qualified to install, alter or maintain a mobile home, confined to
painting, siding, replacement of windows, doors, tie-downs, roof
waterproofing and flooring, excluding electrical, plumbing and air
conditioning work. Those persons holding such license on the
effective date of this subsection shall be entitled to renew such license
but at such time that the license is allowed to expire, it shall not be
reinstated through the reinstatement provisions ofthe licensure chapter.
(24) Mobile home set-up and tie-down specialty contractor is qualified
to place a mobile home on a lot with required blocking and tie-
down straps, excluding electrical, plumbing and air conditioning
work. Those persons holding such license on the effective date of this
subsection shall be entitled to renew such license but at such time that
the license is allowed to expire, it shall not be reinstated through the
reinstatement provisions of the licensure chapter.
(25) Painting and decorating specialty contractor is qualified to paint
buildings, interior and exterior, and signs, with brushes, rollers or
spray. He can apply with brush, roller or spray, textured finishes to
interior ceilings. This provision does not require a certificate of
competency for the painting of signs only at the painter's shop.
(26) Pavement painting specialty contractor is limited to painting
pavement, including parking lot and street striping with brushes,
rollers or spray.
(27) Plastering specialty contractor is qualified to plaster interior or
exterior of any structure, and in addition, may finish concrete.
QID Satellite, T. V antenna, telephone and other communications
equipment installation specialty contractor is qualified to fabricate,
install, maintain, alter or extend any satellite or T.v. antenna
installations, or any telephone or other communications equipment
installation, excluding any electrical connections other than plug-
in.
(l2} Septic tank cleaning specialty contractor is qualified to pump and
clean septic tanks or grease interceptors.
Q.Q) Sign electrician (electrical wiring only) specialty contractor is
qualified to do all neon installation on preinstalled signs, structures
and appurtenances; to manufacture neon lights and mount neon
lights on signs erected and placed by others; to do all other
electrical wiring for electrical signs; and to install transformers and
any other device pertaining to illumination of signs. They shall not
COIU1ect a circuit to a panel except for a sign. All applicants for sign
electrician shall be required to pass the business & law exam and the
appropriate trade exam and to have had a minimum of six (6) years
experience in the field, as demonstrated to the satisfaction ofthe
licensing board.
ill) Sign erection specialty contractor is qualified to erect signs of all
classes and do repairs of such signs; however, if electrical signs are
installed or repaired, a master electrician, a sign electrician
specialty contractor, or master sign contractor shall be required.
ill) Sign Painting specialty contractor is limited to painting: of interior
and exterior signs, with brushes, rollers or spray. This provision
does not require a certificate of competency for the painting
of signs only at the sign painter's shop.
ill) Solar products specialty contractor .^~ solar products specialty
contractor is qualified to install solar products, excluding any
connection to potable water and electrical connections other than
electrical plug in. A solar contractor is a contractor whose
contracting business consists of the execution of contracts
requiring the experience, financial means, knowledge and skill to
install, alter, repair, maintain, relocate, or replace solar panels for
potable solar water heating systems, and swimming pool solar
heating systems and any appurtenances, apparatus, or equipment
used in connection therewith. Such contractor shall subcontract
with a qualified contractor in the field concerned all other work
which is specified herein as being the work of a trade other than
that of a solar contracto 'r. The scope of work of the solar contractor
shall apply to private and public property, and shall include aU
minor work incidental thereto as specified herein. For
purposes of this section the term residential refers to systems
installed in connection with one family, two family, or three family
residences not exceeding two stories in height. The following
minor work incidental to the installation of residential solar
equipment shall be considered to be within the scope of work of a
solar contractor. Unless otherwise indicated. the solar contractor
shall be permitted to perform such work without subcontracting: to
a trade other than that of a solar contractor.
a. Electrical work. The branch circuit supplying the electric
water heater, the receptacle outlet for a cord-and-plug:-
connected solar controller, the swimming pool pump
motor, and the premises wiring on the load side of the
premises service disconnecting means shall be in
accordance with the National Electric Code. If installation,
alteration, removaL replacement, or upgrading of this
circuit is necessary, the work shall be performed by
licensed electrical contractors only.
b. Solar Water Heating Systems. Solar contractors may
disconnect and reconnect the existing branch circuit wiring
at the water heater. Solar contractors may install new or
replace existing control attached to a cord-and-plug-
connected solar controller. All work shall be
done in accordance with the National Electric Code.
c. Solar Pool Heating Systems. Solar contractors may install
new or replace existing power wiring on the load side of an
existing pump motor disconnect. Solar contractors may also
install new or replace existing control wiring connected to a
solar pool controller. All work shall be done in accordance
with the National Electric Code.
d. Plumbing. The solar contractor shall perform all work
required for the installation of a domestic solar water
heating system and solar pool heating system, including
connecting the solar hot water system to the existing cold
water supply and hot water lines at the existing domestic
water heater location. Such work shall be performed in
accordance with applicable codes and standards.
e. Roofing. Solar contractors may perform roofing work
directly related to the installation of a domestic solar water
heating system, or solar pool heating system, including
cutting roof openings and penetrations, installing flashings,
attaching equipment mounting brackets and solar panels.
Such work shall be limited to an area within 18 inches of
each roof penetration or attachment and shall be performed
in accordance with National Roofing Contractors
Association roofing practices.
ill} Solar window tinting specialty contractor is qualified to install
solar window tinting products.
Q2} Steel reinforcing and iron specialty contractor is qualified to place
and tie reinforcing steel in forms built by others and forms built by
said contractor to repair spalling concrete only.
00 Structural steel erection specialty contractor is qualified to erect
and fasten structural steel in place, by riveting, bolting or welding,
including metal towers and rigging.
Ql} Swimming pool servicing specialty contractor is qualified to
service, repair, and maintain any swimming pool, whether public
or private, and treat swimming pool water. The scope of such work
may include any necessary piping and repairs, replacement and
repair of existing equipment, or installation of new additional
equipment as necessary. The scope of such work includes the
reinstallation of tile and coping, repair and replacement of all
piping, filter equipment, and chemical feeders of any type,
replastering, re-pouring of decks, and reinstallation or addition of
pool heaters. No person not previously certified as a swimming
0001 servicinz soecialty contractor as ofFebruarv 18, 2004, shall
be so certified after February 18, 2004. However, the board shall
continue to license and regulate those who held certificates of
competency prior to February 18,2004, but at such time that the
swimming pool servicinz soecialtv contractor license is allowed to
expire, it shall not be reinstated through the reinstatement provisions of
the licensure chapter.
(35) Tcsting, cxccpt/or administ;'ati','c exam, shall not be required for licensing in tho
specialty trades enumerated provided the applicant has had at least t'.':o (2) years expe-rienco in the
field, demonstrated to the satisfaction of the licensing board, for the follov/ing specialty trades:
f~coustical ceiling
Aluminum specialties
Cabinet and millv:ork
Drilling auger
Fence erection
Flooring
Garage door opener/installation
Heating, ventilation and .^JC duct installation
House setter
Insulation
Landscaping
Masonry
Mobile home maintenance and repair
Mobile home set up and tie down
Painting and deoorating
Plastering
Satellite, TV antenna, telephone and other communications equipment installation
Septic tank cleaning
Solar windo';: tinting
Steel reinforcing and iron
Tile, marble and terrazzo
Thatched roofing
The follo'l:ing list of specialty trades shall always require testing for purposes of licensure:
:\sphalt sealing and coating
Burglar alarms
Demolition
Dryv:al1
Fire alarm
Glazing
Lawn sprinkler
Low voltage
Sign electrician
Sign erection
\Vaterproofing and roof painting
Persons seeking a certificate of competency in any of the specialty trades other than asphalt
scaling and coating, burglar alarms, demolition, fire alarm, drywall, gasoline tank and pump,
glazing, gunite and sandblasting, house moving, lawn sprinlder, low voltage, sign electrician,
structural steol erection, sign erection, swimming pool scrlicing, and .;:aterproofing and roof
painting, welding may substitute for the two (2) years experience in the field, a minimum grade of
seventy (70) percent on the respecti':c technical examination provided by Block and Associates.
00 Thatched structure specialty contractor is qualified to install by
placing or erecting support poles and beams, chickees and tiki huts
and placing thatched roofing thereon. No person not previously
certified as a thatched structure specialtv contractor as of Februarv
18.2004, shall be so celtified after February 18.2004. However,
the board shall continue to license and regulate those who held
certificates of competency prior to February 18.2004, but at such
time that the thatched structure specialty contractor license is
allowed to expire, it shall not be reinstated through the reinstatement
provisions of the licensure chapter.
Q2l Thatched roofing specialty contractor is qualified to install
thatched roofing on "chickee" and "tiki" huts. A thatched roofing
specialty contractor can not place or erect the support poles and
beams for "chickee" and "tiki" huts.
(40) Tile, marble and terrazzo specialty contractor is qualified to
install, repair and maintain pavers, tile, marble and terrazzo.
BD Waterproofing and roof painting specialty contractor is qualified
to apply waterproof sealants and to paint roofs.
(42) Welding specialty contractor is qualified to fabricate and install
assembled accessories and sections of structural and ornamental
metals. No person not previously certified as a weldinz svecialty
contractor as of February 18, 2004, shall be so certified after
February 18. 2004. However, the board shall continue to license
and regulate those who held certificates of competency prior to
February 18, 2004. but at such time that the welding specialty
contractor license is allowed to expire, it shall not be reinstated through
the reinstatement provisions of the licensure chapter.
Supervision means control over and direction of the construction work. It reqmres
the supervisor to give direction and inspect the work being performed by others and to
be on the site during construction activity as is necessary for said direction and
inspections, to ensure that work complies with plans, specifications, regulations and
the building codes.
Testing means the examination(s) which shall be taken and passed by the
applicant in order to complete a portion of the specific requirements for a
certificate of competency in any particular field. A minimum grade of seventy (70)
percent is required in order to achieve a passing: grade on any examination for all trades
defined in this section. The particular examination requirements may vary depending
on the specific certificate of competency sought by the applicant.
Trade shall include but shall not be limited to plumbing, electrical work, plastering,
construction, repair or removal of buildings, and any other similar occupation connected
with the construction industry or defined in this section.
Underground utility and excavation contractor means a contractor whose services are
limited to the construction, installation. and repair, on public or private property, whether
accomplished through open excavations or through other means, including, but not
limited to, directional drilling, auger boring:, iacking and boring, trencWess technologies.
wet and dry taps, grouting, and slip lining, of main sanitary sewer collection systems,
main water distribution systems, storm sewer collection systems, and the continuation of
utility lines from the main systems to a point of tennination up to and including the meter
location for the individual occupancy, sewer collection systems at property line on
residential or single-occupancy commercial properties. or on multioccupancy properties
at manhole or wye lateral extended to an invert elevation as engineered to acconm10date
future building sewers, water distribution systems, or stonn sewer collection systems at
storm sewer structures. However. an underground utility and excavation contractor may
install empty underground conduits in rights-of-way, easements, platted rights-of-way in
new site development and sleeves for parking lot crossings no smaller than 2 inches in
diameter, provided that each conduit system installed is designed by a licensed
professional enlf:ineer or an authorized employee of a municipality, county, or public
utility and that the installation of any such conduit does not include installation of any
conductor wirinlf: or connection to an energized electrical system. An underground utility
and excavation contractor shall not install any piping that is an integral part of a fire
protection system as defined in Florida Statute Section 633.021 beginning at the point
where the piping is used exclusively for such system. All applicants for underground
utility and excavation contractor shall be required to pass the business & law exam and
the appropriate trade exam and to have had a minimum of tlrree (3) years experience in
the field, as demonstrated to the satisfaction of the licensing board.
Commencing February 18, 2001, no person not previously certified as a specialt)' contractor in
the following specialty list as of February 18, 2001, shall be certified in the following specialty
list after FebruaI)' 18, 2001. HO',ye'ler, the Contractors Examining Board shall continue to certify
and regulate those contractors '.'Iho continue to maintain their certificates of competency in good
standing pursuant to this chapter and rules promulgated hereunder tho following specialty trades:
gasoline tank and pump
gtmite and sandblasting
house 111O':ing
solar products
swimming pool sen'icing
thatched structure
welding
The contractor's examining board shall make interpretations, as needed, of the scope of ser.'ices
permissible under this section by any contmctor or specialty contmctor.
Section 3. SEVERABILITY. Should any provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as
whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any
provision thereof shall be held to be inapplicable to any person, property or circumstances, such
holding shall not affect its applicability to any other person, property or circumstances.
Section 4. CONFLICTING PROVISIONS. In case of direct conflict between any provision
of any appropriate federal, state of County law, rule code of regulation, the more restrictive shall
apply.
Section 5. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the code.
Section 6. EFFECTIVE DATE. Tllis Ordinance shall take effect upon filing with the
Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of _, 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Mario DiGennaro
Commissioner George Neugent _
Commissioner Kim Wigington _
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairperson
MONROE CO' 1,,;'"Y --_
~PROV-.. .J <I ,od i OFr.i'1f::v
- t::DfSTO "'-'
~ I. FGO,.M:
~V
NATP '::c,,--------i. - /7
"--l..~. , 'AQ0~
ASSISTANT', _ . ~....d?L
Date_=.u:.'; - W P,TTOf-iNEY
~- ---
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3/17/10 - MAR
Division:
County Attorney
Bulk Item: Yes
No X
Staff Contact Person: Bob Shillinger x 3470
AGENDA ITEM WORDING: Ratification of a Settlement Agreement in the matter of Roy's Trailer
ParkInc v. Monroe County, CA K 07-1505.
ITEM BACKGROUND: The County is defending a suit brought by Roy's Trailer Park regarding the
sewer assessment program on Stock Island. Roy's asserted that it had been wrongfully excluded from
the program and had sought damages, costs, and attorney's fees. As a result of court ordered mediation
held on March 3, 2010, the parties were able to negotiate a settlement agreement, subject to ratification
approval by the BOCC. The agreement provides as follows: 1) Monroe County will pay Roy's Trailer
Park the amount of $200,000.00 in full settlement of this litigation on or before 60 days of execution of
the agreement 2) by enttiring into this Agreement, neither party admits to liability in this matter 3) both
parties will dismiss their claims, with prejudice, and release the other party for any claims raised or
capable of being raised in this litigation 4) both parties will pay their own attorney's fees and costs and
4) to abate this litigation-pending approval of the settlement agreement by the BOCC 5) to allow the
executed handwritten settlement agreement to be substituted with a typewritten version as long as no
material changes are made to it 6) the Settlement Agreement is subject to ratification approval by the
BOCC at a public meeting. The settlement would be ultimately funded with approximately $75,000
from the County's risk management fund and $125,000 from insurance proceeds through its general
liability policy.
PREVIOUS RELEVANT BOCC ACTION:
1/20/1 0 BOCC approved Closed Session for 2/17/10 @ 2: 15 p.m. in Key Largo
2/17/10 BOCC continued Closed Session to 3/17/10 @ 2:00 p.m. in Marathon
3/17/l 0 BOCC Closed Session @ 2:00 p.m. in Marathon
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $200,000.00 INDIRECT COST: TBD BUDGETED: Yes xx No
\
DIFFERENTIAL OF LOCAL PREFERENCE: N/ A
COST TO COUNTY: $200,000.00 SOURCE OF FUNDS: Ri~a2ement
REVENUE PRODUCING: Yes
No xx
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty X
OMB/Purchasing _
Risk Management ~
Not Required _
DOCUMENTATION:
Included X
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3/17/10 - MAR
Division:
County Attorney
Bulk Item: Yes
No X
Staff Contact Person: Bob Shillinger x 3470
AGENDA ITEM WORDING: Ratification of a Settlement Agreement in the matter of Roy's Trailer
Park Inc v. Mo"roe County, CA K 07-1505.
ITEM BACKGROUND: The County is defending a suit brought by Roy's Trailer Park regarding the
sewer assessment program on Stock Island. Roy's asserted that it had been wrongfully excluded from
the program and had sought damages, costs, and attorney's fees. As a result of court ordered mediation
held on March 3, 2010, the parties were able to negotiate a settlement agreement, subject to ratification
approval by the BOCC. The agreement provides as follows: 1) Monroe County will pay Roy's Trailer
Park the amount of$2oo,000.00 in full settlement of this litigation on or before 60 days of execution of
the agreement 2) by entering into this Agreement, neither party admits to liability in this matter 3) both
parties will dismiss their claims, with prejudice, and release the other party for any claims raised or
capable of being raised in this litigation 4) both parties will pay their own attorney's fees and costs and
4) to abate this litigation pending approval of the settlement agreement by the BOCC 5) to allow the
executed handwritten settlement agreement to be substituted with a typewritten version as long as no
material changes are made to it 6) the Settlement Agreement is subject to ratification approval by the
BOCC at a public meeting. The settlement would be ultimately funded with approximately $75,000
from the County's risk management fund and $125,000 from insurance proceeds through its general
liability policy.
PREVIOUS RELEVANT BOCC ACTION:
1/20/1 0 BOCC approved Closed Session for 2/17/10 @ 2: 15 p.rn. in Key Largo
211711 0 BOCC continued Closed Session to 3/17/10 @ 2:00 p.rn. in Marathon
3/17/10 BOCC (~losed Session @ 2:00 p.m. in Marathon
CONTRACVAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:. $200.000.00 INDIRECT COST: TBD BUDGETED: Yes xx _No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $200..000.00
SOURCE OF FUNDS: Risk MaDal!ement
REVENUE PRCtDUCING: Yes
No~
AMOUNT PER MONTH_ Year_
APPROVED Blr: County Atty X
OMBlPurchasing _
Risk Management ___
DOCUMENTATION:
Included X
Not Required _
DISPOSITION :..
Revised 2/05
AGENDA ITEM #
P-,}
REVISED BACK-UP: Typewritten version
of Settle.ent Agree.ent now included.
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
fN AND FOR MONROE COUNTY, FLORIDA
ROY',S TRAILER PARK, INC.
a Florida corporation, d/b/a
ROYt:S TRAILER PARK,
Plaintiff.
v.
CASE NO. 07-CA-1505-K
MONROE COUNTY.
Defendant.
I
SETTLEMENT AGREEMENT
The parties met in mediation on March 3,2010, in Key West, Florida, and
agreecl as follows:
1. Monroe County agreed to pay to Roy's Trailer Park, Inc. the
amount of Two hundred thousand and no/10Oths dollars ($200,000.00) in full
settlement of this litigation. Payment shall be made on or before sixty (60) days
of the execution of this Agreement. By entering Into this Agreement, neither
party admits to liability in this matter.
")
.-.
The parties agree to dismiss their respective claims, with prejudice,
and agree to release each other from any claims that were raised or were
capablE. of being raised in this litigation.
3. Each party agrees to bear its own attorney's fees and costs.
4. The parties agree to abate this litigation pending approval by the
Board of County Commissioners of Monroe County.
Settlement Agreement~ Case No. 07 -CA-1505-K
Page 1 012
r
5. The parties agree that they may substitute a typewritten version of
this Settlement Agreement so long as no material changes are made to it.
6. This Agreement is subject to ratification approval by the Board of
County Commissioners of Monroe County at a public meeting held pursuant to
Florida law.
In Witness Whereof, the parties have made this agreement on the 3rd
day of March, 2010.
ROY'S TRAILER PARK, INC.
MONROE COUNTY
by:
by:
Robert B. Shillinger
Chief Assistant County Attorney
y
Settlement Agreement, Case No. 07 -CA-1505-K
Page 20f2
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