HomeMy WebLinkAboutS. Public Hearings
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
*** 3:00 p.m. ***
public hearing
Meeting Date: April 21, 20 10
Division: Emergency Services
Bulk Item: Yes
No X
Department: Fire Rescue
Staff Contact Person/Phone #: D. Hayes / 6004
AGENDA ITEM WORDING: Public Hearing regarding the Issuance of Certificate of Public
Convenience and Necessity (COPCN) to American Ambulance Service, Inc. for the operation of an
ALS transport ambulance service for the period April 21, 2010 through Apri120, 2012,
ITEM BACKGROUND: Pursuant to the requirements of Section 11-173 of the Monroe County
Code, an application for the issuance of a COPCN has been received from American Ambulance
Service, Inc. to operate an ALS inter-facility transport service in all geographical locations of Monroe
County, Florida.
PREVIOUS RELEVANT BOCC ACTION: None.
..
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: None.
TOT AL COST:N/ A INDIRECT COST: N/ A BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY :N/ A
SOURCE OF FUNDS:N/ A
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty ~ OMBlPnrchasing _ Risk Management_
DOCUMENTATION: Included X Not Required _
DISPOSITION:
AGENDA ITEM #
Revised 7/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Budget & Finance
Bulk Item: Yes
No 1L-
Department:
OMB
Staff Contact PersonlPhone #: Penny Kipp X4470
AGENDA ITEM WORDING: A Public Hearing to consider approval of a resolution for a
Budget Amendment of Fiscal Year 2010 One Cent Infrastructure Sales Tax Fund 304, 2003
Revenue Bonds Fund 307, 2007 Revenue Bonds Fund 308, Big Coppitt Wastewater Fund 310
and Debt Service Fund 207.
ITEM BACKGROUND: To align each budget with revenues and expenditures of on-going Capital
Projects in Funds 304, 307, 308 and 310. To align Debt Service Fund 207 with revenues and
expenditures of on-going costs to this fund.
PREVIOUS RELEVANT BOCC ACTION: On September 23, 2009, the BOCC adopted the
FY20 1 0 Operating and Capital Budgets.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/ A
INDIRECT COST:
BUDGETED: Yes ~ No
COST TO COUNTY:
N/A SOURCE OF FUNDS: Fund Balances 304.307.308.310.207
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~J)urchasing _ Risk Management_
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/27/0 I
Resolution No. -2010
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary to conduct a public hearing as required by section 129.03, Florida Statutes, to amend the following:
One Cent Infrastructure Surtax Fund 304, 2003 Revenue Bonds Fund 307, 2007 Revenue Bonds Fund 308, Big Coppitt
Wastewater Fund 310 and Debt Service Fund 207, for the fiscal year beginning October 1,2009 and ending September 30,2010,
now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that a Public Hearing was conducted
on April 21, 2010, at 3:00 P.M. to One Cent Infrastructure Surtax Fund 304, 2003 Revenue Bonds Fund 307, 2007 Revenue Bonds
Fund 308, Big Coppitt Wastewater Fund 310 and Debt Service Fund 207 budgets and to adopt the amended budgets as follows:
One Cent Infrastr Surtax - Fund 304 Current Inc./(Dec ) Revised
Revenues: Budget Budget
304-3 1 2600GN Discret Sales Tax 1 Cent $12,879,210.00 $0.00 $12,879,210.00
304-36 I 005G1 Interest Earnings $100,000.00 $0.00 $100,00000
304-36200 1 SG Rent $10.00 $0.00 $10.00
304-26000-381125GT TmfFm Grants - 125 $477,282.00 ($3,69100) $473,591.00
304-389001 Less 5% FL Statute -$648,961.00 $0.00 -$648,961.00
304-389002 Fund Balance Forward $9 804.29400 $2 448,62200 $12252,91600
Total $22,611,835.00 $2,444,931.00 $25,056,766.00
Appropriations:
304 22004 510120 County Engineer Constr Mt $406,541.00 ($126,185.00) $280,356.00
304 22004 5102" County Engineer Constr Mt $164,33200 0.00 $164,332.00
304 22004 530'" County Engineer Constr Mt $55,312.00 $0.00 $55,312.00
304 22006 510'" ADA Assessment $12,000.00 $0.00 $12,000.00
304 22006 560620 ADA Assessment $187,50000 ($15,856.00) $171 ,644.00
304 22007 530340 Med Exam Envir Mitigation $5,500.00 $0.00 $5,500.00
304 23000 560630 Phyicasl Environment $1,524,800.00 ($1,490,000.00) $34,800.00
304 24000 510'" General Govt Cap Proj $18,871.00 $0.00 $18,871.00
304 24000 530310 General Govt Cap Proj $3,129.00 $0.00 $3,129.00
304 24000 560620 General Govt Cap Proj $76,500.00 $0.00 $76,500.00
304 25000 530340 Culture & Rec Proj $0.00 $0.00 $0.00
304 26000 510'" Public Safety Cap Proj $25,500.00 $0.00 $25,500.00
304 26000 530310 Public Safety Cap Proj $427,282.00 $0.00 $427,282.00
304 26000 560620 Public Safety Cap Proj $1,087,262.00 ($3,495.00) $1,083,767.00
304 26000 560640 Public Safety Cap Proj $11,463.00 $0.00 $11,463.00
304 85532 590990 Reserves 304 $1,300,570.00 $1,067,768.00 $2,368,338.00
304 85532 590991 Reserves 304 $1,891,755.00 $0.00 $1,891,755.00
304 86502 590207 Budgeted Transfers 207 $6,254,162.00 $2,987,640.00 $9,241,80200
304 86502 590307 Budgeted Transfers 307 $267,129.00 $25,059.00 $292,188.00
304 86502 590310 Budgeted Transfers 3 I 0 $1,000,00000 $0.00 $1,000,000.00
304 86502 590311 Budgeted Transfers 311 $7,000,000.00 $0.00 $7,000,000.00
304 86502 590403 Budgeted Transfers 403 $50,000.00 $0.00 $50,000.00
304 86502 590404 Budgeted Transfers 404 $500,000.00 $0.00 $500,000.00
304 86502 590414 Budgeted Transfers 414 $55,00000 $0.00 $55,000.00
304 86502 590910 Budgeted Transfers $287 ,227 00 $0.00 $287,227.00
Total $22,611,835.00 $2,444,931.00 $25,056,766.00
$0.00 $0.00 $0.00
2003 Revenue Bond - Fund 307 Current Inc./(Dec.) Revised
Revenues: Budget Budget
307-361005G1 Interest Income $000 $0.00 $0.00
307-381163GT Transfer from Fund 163 $0.00 $0.00 $0.00
307-38 I 304GT Transfer from Fund 304 $267,129.00 $25,059.00 $292,18800
307-389001 Less 5% FL Statute $0.00 $000 $0.00
307 -389002 Fund Balance Forward $1 030,871.00 ($2505900) $1005812.00
Total $1,298,000.00 $0.00 $1,298,000.00
Appropriations:
307 24001 510"', 560'" General Govt Fund 307 $7,000.00 $0.00 $7,000.00
307 24003 510"',560'" Asbestos Abatement/PSB $1,278,000.00 $0.00 $1,278,00000
307 26501 510"',560'" Fund 307 Human Svc Proj $13,00000 $0.00 $13 000.00
Total $1,298,000,00 $0.00 $1,298,000.00
$0.00 $0.00 $0.00
Bdgt Amendment Reso Fund 304, 307, 308, 310, 207
2007 Revenue Bond - Fund 308 Current Inc/(Dec) Revised
Revenues: Budget Budget
308-36 I 005GI Interest Income $250,000.00 $0.00 $250,000.00
308-25002-381125GT TrnfFm Grants - 125 $0.00 $0.00 $0.00
308-38900 1 Less 5% FL Statute -$12,500.00 $000 -$12,500.00
308-389002 Fund Balance Forward $13974206.00 f $854 ,206 00) $13,120,00000
Total $14,211,706,00 ($854,206,00) $13,357,500.00
Appropriations:
308 23004 560630 Physical Environment Fund 308 $9,443,733.00 1$1,697,973(0) $7,745,760.00
308 24004 510120 Gml Govt Projs Fund 308 $3,000.00 ($2.20000) $800.00
308 24004 510210 Gml Govt Projs Fund 308 $300.00 ($20000) $100.00
308 24004 510220 Gml Govt Projs Fund 308 $300.00 ($20000) $100.00
308 24004 560620 Gnrl Govt Projs Fund 308 $12,400.00 ($]2,400.00) $0.00
308 25002 510... Culture & Rec Fund 308 $2,400.00 $0.00 $2,400.00
308 25002 560620 Culture & Rec Fund 308 $57,600.00 $0.00 $57,600.00
308 26006 510... Public Safety Fund 308 $24,000.00 $0.00 $24,000.00
308 26006 560620 Public Safety Fund 308 $4,667,973.00 f$301,000.OO) $4,366.973.00
308 85570 590990 Reserves 308 $0.00 $667,875.00 $667,875.00
308 85570 590991 Reserves 308 $0.00 $49L892.00 $491.892.00
Total $14,211,706.00 ($854,206.00) $13,357,500.00
$0.00 $0.00 $0.00
Big Coppitt Key Wastewater- Fund 310 Current Inc.l(Dec.) Revised
Revenues: Budget Budget
310-325100GM Special Assessments $500,000.00 $0.00 $500,000.00
310-23006-381125GT Trnf Fm Grants-I 25 $0.00 $1,415,826.00 $1,415,826.00
31O-23007-381125GT Trnf Fm Grants-I 25 $0.00 $100,000.00 $100,000.00
31 0-361 005GI Interest Earnings $0.00 $0.00 $0.00
31O-361008GI Interest Eamings-FRUFC $0.00 $0.00 $0.00
310-381009G1 Interest Earnings-Tax Collector $0.00 $0.00 $0.00
310-23003-381304GT Tsfr fm 1 Cent Infra- 304 $1,000,00000 $0.00 $1,000,000.00
310-23005-384003GM FRUFC Loan Proceeds $0.00 $2,589,650.00 $2,589,650.00
310-389001 Less than 5% -$25,000.00 $0.00 -$25,000.00
310-389002 Fund Balance Forward $1.466.258.00 $5.477.852.00 $6944110.00
Total $2,941,258.00 $9,583,328.00 $12,524,586.00
Appropriations:
310 23002 560630 Big Coppitt Wastewater $1,000,000.00 $494,722.00 $1,494,722.00
310 23005 560630 Big Coppitt WW Brdg Loan $0.00 $7,572,780.00 $7,572,780.00
310 23006 560630 Big Coppitt WW DEP Grant $0.00 $1,415,826.00 $1,415,826.00
310 23007 560630 Rockland/Geiger WW DEP Grant $0.00 $100,000.00 $100,000.00
310 54503 590996 BC Spcial Assmt Refund $5,000.00 $0.00 $5,000.00
310 55011 560630 Big Coppitt Special Assessment $1936258.00 $0.00 $1.936,258.00
Total $ 2,941,258.00 $9,583,328.00 $12,524,586.00
$0.00 $0.00 $0.00
Debt Service- Fund 207 Current Inc/(Dee.) Revised
Revenues: Budget Budget
207-361005GI Interest Earnings $30,000.00 $10,000.00 $40,000.00
207-361008Gl Interest Earnings-FRUFC $30,000.00 -$10,000.00 $20,000.00
207-38 I 304GT Tsfr fm I Cent Infra- 304 $6,254,162.00 $2.987,640.00 $9,24 1,802.00
207-384000GM Loan Proceeds $0.00 $20,134,400.00
207-389001 Less than 5% -$3,000.00 $0.00 -$3,000.00
207-389002 Fund Balance Forward $2,504.447.00 $239.874.00 $2,744,321.00
Total $8,815,609.00 $23,361,914.00 $32,177,523.00
Appropriations:
207 87600 570.'. Debt Svc- 2003 Rev Bonds $1,851,733.00 $000 $1,851,733.00
207 87601 570.'. Debt Svc- 2007 Rev Bonds $3,734,055.00 $0.00 $3,734,055.00
207 87602 570710 FRUFC Revenue Notes $0.00 $20,000,000.00 $20,000,000.00
207 87602 570720 FRUFC Revenue Notes $882,000.00 $0.00 $882,000.00
207 87603 570710 Clean Water SRF Loan $0.00 $2,987,640.00 $2,987.640.00
207 87603 570720 Clean Water SRF Loan $268,374.00 $134,400.00 $402,774.00
207 87603 570730 Clean Water SRF Loan $400,000.00 $000 $400,000.00
207 85550 590990 Reserves 207 $50,000.00 $950,000.00 $1,000,000.00
207 85550 590991 Reserves 207 $1,629.447.00 ($71012600) $919,321.00
Total $8,815,609.00 $23,361,914.00 $32,177,523.00
0.00 000 0.00
Bdgt Amendment Reso Fund 304, 307, 308, 310, 207 2
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of
and directed to make necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board
on the 21st day of April, AD 2010.
the above, is hereby authorized
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
(Seal)
Attest: DANNY L KOLHAGE, Clerk
BdgtAmendment Reso Fund 304, 307, 308, 310, 207
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* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2010
Division: County Attorney
Bulk Item: Yes
No~
Staff Contact Person: Commissioner Wigington #3440
Suzanne Hutton #3473
AGENDA ITEM WORDING:
A public hearing to consider adoption of an ordinance implementing a Monroe County Lobbyist
Registry.
ITEM BACKGROUND:
It is in the public interest to ensure adequate disclosure of information about efforts to lobby County
government. Monroe County government functions to serve the needs of all citizens. The citizens of
Monroe County have a right to know the identity of interests which attempt to influence decisions of
County government, as well as the means employed by those interests. Public disclosure of the
financing of lobbyists and those who employ their services is essential to citizen confidence in the
integrity of their local government. This draft requires anyone who represents any person or entity
other than her/himselfto register, but requires no fees and no :financial reporting.
PREVIOUS RELEVANT BOCC ACTION:
12/16/09 BOCC approved public hearing for 1/20/10 @3:00 p.m.
8/19/09 BOCC tabled request for approval to advertise a public hearing on an ordinance drafted to
prohibit certain types of lobbying activities
1/20/10 BOCC continued public hearing to 2/17/10 @3:00p.m. in Key Largo
2/17/10 BOCC continued public hearing to 4/21/10 @ 3:00 p.m. in Key West
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
N/A
TOTAL COST: N/A
BUDGETED: Yes XX
No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH_ Year
APPROVED BY: County Arty ~OMB!PurChasing _ Risk Management_
DOCUMENTATION:
Included XX
Not Required
DISPOSITION:
AGENDA ITEM #
Commissioner Wigington
ORDINANCE NO. - 2010
AN ORDINANCE AMENDING MONROE COUNTY CODE CHAYfER
2, PROVIDING FOR REGISTRATION OF REPRESENTATION OF
OTHERS BEFORE BOARD OF COUNTY COMMISSIONERS,
PLANNING COMMISSION AND OTHER OF LOBBYING
ACTIVITIES; 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, the operation of an open and responsible government requires the full
opportunity of the people to seek redress of grievances and to express their opinions on
executive and legislative actions; and
WHEREAS, it is important to the integrity of the governmental process that the
citizens be informed of, or have accessible information regarding, efforts to influence
legislative and executive actions; and
WHEREAS, public disclosure of the persons and entities represented by those who
seek to influence governmental action is essential to citizens' confidence in the integrity of
their local government; and
WHEREAS, persons who appear before the Board of County Commissioners,
Planning Commission, Contractors Examining Board and many of the advisory boards to
the Board of County Commissioners may from time to time omit to disclose in identifying
themselves to the public body that they represent interests other than their own personal
interests; and
WHEREAS, there is an intent to require registry of every person who attempts to
influence legislative and administrative decision-making of governmental entities for the
benefit of a person or entity other than themselves in order to more fully inform the citizens
as to the persons or entities for whom the benefits are being sought;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 2-148, Monroe County Code, shall be amended by adding the following
definitions:
Board means the Monroe County Board of County Commissioners.
Lobbying Registry April 2010
1
Commissioner Wigington
Compensation means a payment. distribution. loan. advance. reimbursement deposit salary. fee.
retainer. or anything of value provided or owed to a lobbying firm. directly or indirectly, by a
principal for any lobbying activity.
Contractors Examining Board means the local construction regulation board for the
unincorporated Monroe County. as further defined in Ch. 6. Art. III. Monroe County Code.
County means Monroe County. Florida.
County chairman and County mavor are interchangeable terms which mean the Chairman of the
Monroe County Board of County Commissioners.
County office means any governmental office staffed by employees under the authority of the
Board of County Commissioners.
Develovment permit means the same as this term is defined in F.S. ~ 163.3164.
Expenditure means the same as this term is defined in F.S. ~ 112.3215.
Lobbvist means any person. partnership. corporation or other business entity that lobbies on
behalf of a principal. Lobbyist does not mean a county or other government official. employee.
or any other person affiliated with any government while acting in his or her official
capacity. Any person who only appears in his or her individual capacity for the purpose of self-
representation without compensation or reimbursement. or other personal benefit. to express
support of or opposition to any item. shall not be required to register as a lobbyist.
Planning Commission means the local planning agency. as further described in the land
development regulations of the Monroe County Code.
Princival means the person, partnership, joint venture. trust. association. corporation,
governmental entity or other entity which has contracted for. employed. retained or otherwise
engaged the services of a lobbyist.
SECTION 2. Section 2-148, Monroe County Code, definition of Lobbying shall be amended to
read as follows:
Lobbying means any degree of advocating by brand name or corporate name any product or
service, ',vhether done through individual pri'late or public personnel effort, with or without
receiving, having recch'ed, or intending to receive funds from any source of such ad'location
seeking. on behalf of another person or entity. to influence the Board. Contractors Examining
Board. Planning Commission or any advisory body with respect to a decision in the area of
policy or procurement or an attempt to obtain the goodwill of a County official or employee.
"Lobbies" also means influencing or attempting to influence. on behalf of another. the Boardts
action or non-action through oral or written communication or an attempt to obtain the goodwill
Lobbying Registry Apri12010
2
Commissioner Wigington
of a member or employee of the Board of County Commissioners or any board or council under
their authority.
SECTION 3. Registration of Lobbyists. Section 2-154, Monroe County Code, shall be
created to read as follows:
2-154. Registration and Re-registration of Lobbyists.
a) All lobbyists shall register and re-register with the County Administrator's Office at
the times specified in this article and on the forms prescribed from time to time by the County
Administrator.
(b) The forms prescribed for the registration and re-registration of lobbyists shall
require. at a minimum. the following information and State under oath:
(1) The lobbyist IS name and business address;
(2) The name and business address of each principal represented;
(3) The specific areas of the principal's governmental interest;
(4) Where the principal is a corporation or association, the name of the chief
executive officer of the corporation or association;
(5) Where the principal is a general partnership or joint venture. the names of all
partners;
(6) Where the principal is a limited partnership. the name of the general partner
or partners;
(7) Where the principal is a trust the names of all trustees and beneficiaries:
(8) Where the principal is a partnership. loint venture. corporation, association.
trust or nongovernmental entity other than a natural person. the names of all
natural persons holding. directly or indirectly. a five (5) percent or more
ownership interest in the entity: and
(9) Disclosure of any business. professional or familial relationship that the
lobbyist or any employee of the lobbyist may have with any county officer or
county employee.
(c) The County Administrator or his designee shall post the Registry to the County
website on a quarterly basis reflecting registrations which have been filed in accordance with
this ordinance.
(d) All lobbyists shall register with the County Administrator or his designee within five
(5) business days of being retained as a lobbyist. before engaging in any lobbying activities.
whichever shall come first. and re-register prior to January first of each year. Lobbying prior to
registration is prohibited. Each lobbyist who ceases lobbying for a particular principal shall file a
written notice of withdrawal.
Lobbying Registry April 2010
3
Commissioner Wigington
(e) County employees shall be diligent to ascertain whether persons required to register
pursuant to this section have complied. Employees of a county office may not knowingly permit
a person who is not registered pursuant to this section to lobby the employees of that office.
(f) Upon discovery of violations of this section. any person may file a sworn complaint
with the county administrator.
(g) Investigation of violations~ pena1ties~ validity of actions.
(1) The county attorney or county administrator, or their designee. shall be
informed by anyone who knows of any of any person engaged in lobbying
activities who has failed to comply with the registration reporting
requirements of this article and. in each such instance. shall conduct such
investigation as he or she shall deem necessary under the circumstances. The
results of each investigation shall be reported to the board.
(2) After determination of a first violation of registration requirements. the board
may warn. reprimand or censure the violator or may suspend or prohibit the
violator from appearing on behalf of any principal before the board or any
county advisory body or from otherwise lobbying for any principal in any
fashion for a period of time~ provided. however. that any suspension or
prohibition may not exceed a period of two (2) years. and no sanction shall be
imposed unless the lobbyist allegedly in violation has been afforded
reasonable notice and an opportunity to be heard. After determination of a
subsequent violation. the board shall suspend or prohibit the violator from
appearing on behalf of any principal before the board or any county advisory
body or from otherwise lobbying for any principal in any fashion for a period
of time~ provided, however. that any suspension or prohibition may not exceed
a period of two (2) years. and no sanction shall be imposed unless the lobbyist
allegedly in violation has been afforded reasonable notice and an opportunity
to be heard. The penalties provided in this subsection shall be the exclusive
penalties imposed for violations of the registration requirements of this article.
The failure or refusal of any lobbyist to comply with any order of the board
suspending or prohibiting the lobbyist from lobbying shall be punishable as
provided by law and shall otherwise be subject to such civil remedies as the
county may pursue. including injunctive relief.
(3) The board of county commissioners may void any action or contract entered
into in connection with a procurement matter where the county chairman. one
or more county commissioners. or a member of the pertinent procurement
committee has been lobbied in violation of the registration reporting
requirements.
Lobbying Registry April 2010
4
Commissioner Wigington
SECTION 4. 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 5. 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 6. 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 S. EFFECTIVE DATE. This Ordinance shall take effect on
provided that this Ordinance shall be filed 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 _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
Lobbying Registry April 2010
5
LelJerufaty
KEY LARGO
5?J
ChamberofConunerce
106000 Overseas Highway' Key Largo' FL' 33037. 305/451-1414' Fax: 305/451-4726' keylargochamber.org
April 21, 2010
Lobbying ordinance
The Key Largo Chamber of Commerce Board of Directors has reviewed the revised
lobbying ordinance, and we are still opposed to it. l!)~~
This ordinance is overbroad and could bE\~titutional in certain situations.
We still have issues as to the effect of the ordinance on such nonprofit organizations
as the Chamber of Commerce, which are not exempt in this version.
We are also deeply disturbed by the provision that allows the county to void any
action or contract that was supposedly influenced by the person who has violated the
lobbying registration requirements.
Under the wording of this ordinance, anyone who does business with the county
could be construed as a "lobbyist" because he or she will, in the course of carrying
out the contract, talk to county staff, advisory board members and possibly the
BOCC.
Does that mean they could lose that contract unless they registered first as a
lobbyist:>
As we have said before, we are not sure why we need this lobbying ordinance in the
first plac:e. Is the problem really with "Iobbyists"...or is it with staff members,
advisory board members or county commissioners who do not fully understand what
is acceptable?
We are vvorried that this ordinance will create a barrier between the public and the
people vvho represent them, as well as create a class of criminals where none existed
before.
We are absolutely in favor of open and transparent government, and we believe that
the unintended consequences could cause more harm than what the ordinance is
intended to cure.
We urge you not to pass this ordinance.
Mission statement of the Kev Laroo Chamber of Commerce
Through the collective power of our membership, build a vibrant business
and social environment for our community.
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 2 L 2010
Division: County Attorney
Bulk Item: Yes
No~
Staff Contact Person/Phone #: Bob Shillinger #3470
AGENDA ITEM WORDING: 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 BOCC 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 of the revised Monroe County Code
3/17/10 BOCC approved public hearing on April 21 , 2010 @ 3 :00 p.m. in Key West
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 ~ OMBlPurchasing_
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 Monroe 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 Monroe County Board of County Commissioners that
the Monroe 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 Monroe 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
2/8/10 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 ofthis 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
1: FORM:
Page 2 of2
Human Rights Ord penalties
218/10 KMP
OBER'f B. SHILLINGER, JR.
D~~~~~r~J E9U~TY ATTORNEY
'* Vreu\&vL~
~tc-
OFFENSES AND MISCELLANEOUS PROVISIONS
* 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
~
\
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 jurisdi
tion.
( d, No. 36-2001, 9 1)
, /
Sec. 1 ~1~ Nonwaivability. .0 /
Any writte~ral_!!greement which purports.;to waive any
provision of section 13-103-is-a~Ji.c.{loliCY and void.
(Ord. No. 36-2001, 9 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
~tL rr fAJ- (ltte-
~ s CJcio -pt ~cf
) }'J7)D9
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 all 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 working environment.
Sexual orientation means the actual or perceived state of heterosexuality,
homosexuality or bisexuality.
(Code 1979, ~ 13-102; Ord. No. 36-2001, ~ 1; Ord. No. 008-2003, ~ 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
non employees or nonmanagerial and non supervisory 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, ~ 13-103(a)--(e); Ord. No. 36-2001, ~ 1; Ord, No. 008-2003, ~S 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 1979,9 13-103(f); Ord. No. 36-2001, 9 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, 9 13-103(g); Ord. No. 36-2001,9 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. 36-2001,91)
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 1979,9 13-106; Ord. No. 36-2001, S 1)
Secs. 14-46--14-72. Reserved.
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2010
Division: County Attorney
Bulk Item: Yes
No~
Staff Contact Person: Natileene Cassel #3470
AGENDA ITEM WORDING:
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:
3/17/10 BOCC approved public hearing for 4/21/10 @ 3:00 p.m. in Key West
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: -0- INDIRECT COST
BUDGETED: yesq
No
DIFFERENTIAL OF LOCAL PREFERENCE: N/ A
A/III
(
REVENUE PRODUCING: Yes _ No ---,4.., OUNT PER MONTH_ Year
~v
APPROVED BY: County Atty X OMBlPurchasing _ Risk Management_
COST TO COUNTY:
SOURCE OF FUNDS:
DOCUMENTATION:
Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
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 SPECIAL TIES; 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 COnuIDssioners 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
performed 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
conditioning 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 ofthe 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 Bail'
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 orthe 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.
S 489, pt. I (F.S. S 489.101 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 1, 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
competencv prior to May L 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 pennits 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, film 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.
Emdneering 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 induding the excavating, fanning and
placing of reinforcing steel and concrete and perform other
incidental work thereto; and
b. Other concrete and engineering work, induding 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 permits 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 cuo"ent
certificate of competency in that field. All permits 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 lIexcavating 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 oquivalent
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 by FDEP for well drilling. In
addition. to the experience listed herein, all applicants for
irexcavating and grading enzineering contractor" shall be
required to pass the business & law examination and the
appropriate trade exam.
.^~ ''Iud tral'!s:nissio:1 8:1ft distribution line cngil"lcc,'-i:zg
contmckJrll is an engineering contractor, having the e:xporionce
and skill gained by not less than three (3) years experience in this
field or education equivalent thereto, or a combination thereof,
qualified and certified to O)(0a','ote for and construct, alter, repair
and maintain transmission and distribution lines for liquid or
gaseous fuels under pressure in welded pipes, including pumping
and booster stations, '/alves, meters and similar components
incidental thereto and restoration of pavement. The scope of
work of a "fuel t,"817s:nissie1'/ and dist:-ibutie:t li:<ic cngincering
cent,"acte:-" shall be considered to stop at the metering device.
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 engineering 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,
f." A "seawall and small dock engincc;-ing cOl1t."actol~' "marine
construction engineering 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, or 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 engineering
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 thereot~
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 "paving engineering
contractor" shall be required to pass the business & law exam
and the appropriate trade exam.
~ 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
equi',alent 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 antlfoundation engineering contractor" shall be
required to pass the business & law exam and the appropriate
trade exam.
"^~ "pipeline engineering contrecto,"" is an engineering contractor
qualified by the experience and skill gained by not less than fi','e
(5) years as a general superintendent for a general engineering
contractor or pipeline engineering contractor, as demonstrated to
the satisfaction ofthe licensin~ board or education
equivalent thereto, or a combination thereof and certified to
excavate, construct, install, repair or alter pipelines, such as
water ilnd gas transmission and distribution lines, stann and
sanitary se'.verage lines, force mains, outfall::; and pumping
facilities incidental to the collection or installation and placing
';:ithin a structure v:hich. is constructed for the purpose of
pumping or processing such pipeline products. A pipeline
engineering contractor may construct or install junction boxes,
manholes, inlets, '.'al'.'es, and similar components, in such
manner as to comply with all plans specifications, codes,
laws and regulations applicable, The work of the 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 III, 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 of this chapter, and rules and regulations
promulgated hereunder, 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.
(3) Cc;-tijiceti(),'1 ,"ast,'-icti();7S. 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 18, 2001, shall be certified as a class I general
engineering or closs II specialty engineering contractor after February 18, 2001,
Howover, the contractors examining board shall continue to certify and regulate those
class I and specified class II engineering contractors who ';:ere certified on February 18,
2001, provided that such engineering contractors maintain their certificates of
competency in good standing pursuant to this chapter 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 al3em 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 zeneral 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'l:alent thereto, or a combination thereof, but not morc 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 joumeyman in such trade or craft. All work shall be done
under the direct supervision of a master or journeyman on all job sites.
Maintenance personnel includes 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, ffl:eile 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 joumeyman 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 "maintenancell 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, trammg 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 construct
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 siJ!J1 contractor shall be required to
pass the business & law exam and the appropriate trade exam and to have had a minimum
of six (6) vears 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 perform 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 cOilllection 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 unfired 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 olumbing
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. All 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 connection 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 '::ho has experience and skill gained by not less than one (1) year [IS [I 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, mctend and e'Kcavate for
septic tanks, drain fields, interceptor tanks, dry wells, gas and oil interceptors, soakage
pits and catch basins, and shall not include any other plumbing work or connecting pipes
or pumps cxcept the nonferrous pipes between the catch basin and soakage pit.
}Jl o[tlle forgoing and follov;ing contractor categories shall be tested categories Bfl::I:es.s
othenyiso ex.ompted by this chapter
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 millwork 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.
(Ql 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 celiified 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 oEtbis 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.
(]) 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.
.Qill 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 alarmjoumeyman 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
il..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.
!.12.l 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 previouslv
certified as a gasoline tank and pump 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
gasoline tank and Dump specialty 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 ofthis 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.
.ail Gunite and sandblasting specialty contractor is qualified to gunite,
sandblast, place reinforcing steel for gunite work, place backing
for gunite work, and do fonning. No person not previously
certified as a ~mite and sandblasting specialty contractor as of
Februarv 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 a J{1.mite and sandblasting speCialty contractor
license is allowed to expire, it shall not be reinstated through the
reinstatement provisions of the licensure chapter.
.QQl 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 movin!!
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 mavin)!
slJecialtv contractor license is allowed to expire, it shall not be
reinstated through the reinstatement provisions of the licensure chapter.
House setter SpCciCl!fy CG."lt,"Cleto,'- is qualified to lift, place, secure,
and assemble a modular structure on a foundation at a site for
...:hich a building permit has been secured by a qualified indi':idual.
A house setter is not permitted to perform any structural, electrical,
plumbing or mochnnical work.
@ Insulating specialty contractor is qualified to place approved
insulation in any type structure.
il2) Landscaping specialty contractor is qualified to perfoml 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.
~ Landscaping curb contractor is qualified to form, mold,
and lay non-structural decorative curbing to be used for
landscaping purposes only,
G.Q) 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
(ill Low voltage slJecialtv 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 voltage 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,
ill) 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
waterproofmg 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 of the 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 oftlis
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 qualiti.ed 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.
(28) 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 conununications equipment
installation, excluding any electrical connections other than plug-
m.
Q.2} 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
connect a circuit to a panel except for a sign. AU 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 of the
licensing board.
ill) Sign erection specialty contractor is qualified to erect signs of all
classes and do repairs of such signs; however, if electlical 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.
(TI,) 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, fmancial 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 all
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 attaclunent and shall be performed
in accordance with National Roofing Contractors
Association roofing practices.
Q..1} Solar window tinting specialty contractor is qualified to install
solar window tinting products.
Qj} 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.
QQ} Structural steel erection specialty contractor is qualified to erect
and fasten stmctural steel in place, by riveting, bolting or welding,
including metal towers and rigging,
Q1l 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 swimminz
0001 servicinz soecialtv contractor as of Febmary 18, 2004, shall
be so certified after Febmarv 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
swimminz 0001 servicing soecialtv contractor license is allowed to
expire, it shall not be reinstated through the reinstatement provisions of
the licensure chapter.
(35) Testing, except /0:" ed:ni:listra.th'e eXBm, shall not be required for licensing in the
specialty trades enumerated provided the applicant has had at least two (2) years experience in the
field, demonstrated to the satisfaction of the licensing board, for the follo\':ing specialty trades:
/\coustical ceiling
;\luminum specialties
Cabinet and milhvorl~
Drill in-g auger
Fence erection
Flooring
Garage door opener/installation
Heating, ventilation and NC duct installation
House setter
Insulation
Landscaping
Masonry
Mobile home maintenance and repair
Mobile home set up and tie dO'l:n
Painting and decorating
Plastering
Satellite, TV antenna, telephone and other communications equipment installation
Septic tank cleaning
Solar windm.v 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
DOlIKllition
Dry.vall
Fire alarm
Glazing
Lawn sprinkler
Low voltage
Sign electrician
Sign erection
Waterproofing and roof painting
Persons seeking a certificate of competency in any of the specialty trades other than asphalt
scaling and coating, burglar alarms, delIKllition, fire alarm, drywall, gasoline tank and pump,
glazing, gunite and sandblasting, house lIKlving, lawn sprinkler, 10':: ':oltage, sign electrician,
structural steel erection, sign erection, s'l:imming pool ser'lieing, and '.vrnerproofing 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':e technical examination provided by Block and .\ssociates.
Q.[} Thatched structure specialty contractor is qualifLed 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 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
celtificates 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.
Q..2} 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.
Hl.} Wate/proofing 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 welding 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 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 reqUlres
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 bv 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, trenchless 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 termination up to and including the meter
location for the individual occupancy, sewer collection systems at propertv line on
residential or single-occupancy commercial properties, or on multioccupancy propelties
at manhole or wye lateral extended to an invert elevation as engineered to accommodate
future building sewers, water distribution systems, or storm sewer collection svstems 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 engineer 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 wiring or connection to an energized electrical system, An underground utility
and excavation contractor shall not install any piping that is an integral pmt of a fire
protection svstem 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 three (3) vears experience in
the field, as demonstrated to the satisfaction of the licensing board.
Commencing February 12, 2001, no person not prc':iously certified as a specialty contractor in
the follo'.ving specialty list as of February 18, 2001, shall be certified in the folLov:ing specialty
list after February 12, 2001. Ho',ye'.'er, the Contractors Examining Board shall continue to certify
and regulate those contractors vlho continue to maintain their certificates of competency in good
standing pursuant to this chapter and rules promulgated hereunder the following specialty trades:
gasoline tank and pump
gtmite and sandblasting
house moving
solar products
swimming pool servicing
thatched structure
welding
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.
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. This 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 COI , ,~ _
~ROV.- .~--'.. '. 'I. J. Y A fTOFii'iEY
t: C. AS TO FOf!j'\A:
. NAT~-V (;~
ILi:.'!: r' '----~_.
, ". . A. Q C'
ASSISTANT (',.. .. ' '".::.'EL.
Date 'J - ~ .'. l' ATTORNEY
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Bulk Item: Yes
No --X-
Division: County Attorney
Department: County Attorney
Meeting Date: April2L 2010
Staff Contact: Suzanne Hutton. #3473
Christine Limbert-Barrows/#3475
AGENDA ITEM WORDING:
A public hearing to consider adoption of an Ordinance amending Monroe County Code to require
businesses to obtain a commercial collection service agreement and provide proof of a current
commercial collection service agreement upon issue or renewal of the business tax.
ITEM BACKGROUND:
In order to ensure that businesses that operate within Monroe County comply with obtaining
commercial collection service agreements, the proposed ordinance will: a) amend Section 21-46, MCC
to expand the definition of 'Commercial collection service" to include businesses; b) amend Section 21-
74, MCC to expand commercial collection service to businesses; c) amend Section 21-74(2)(a), MCC
to require businesses to obtain a commercial collection service agreement; d) amend Section 23-76(a),
MCC to require businesses to provide a current commercial collection service agreement before a
business tax will be issued or renewed.
PREVIOUS RELEVANT BOCe ACTION:
The Board adopted the current version of Section 21-46, MCC in 2000 (See Drd. 35-2000); Section
21-74, MCC in 1992 (See Ord. 25-1992); and Section 23-76, MCC in 2006 (See Ord. 027-2006).
3/17/10 (Q-3) BOCC continued public hearing to 4/21/10 @ 3:00 p.m. in Marathon
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: n/a
INDIRECT COST: n/a
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: n/a
REVENUE PRODUCING: Yes
SOURCE OF FUNDS:
AMOUNTPERMONTH_ Year
No
APPROVED BY: County Atty --X- OMBlPurchasing _ Risk Management_
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X
Not Required_
AGENDA ITEM #
ORDINANCE NO. -2010
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 21-46 OF THE MONROE
COUNTY CODE; AMENDING SECTIONS 21-74 AND 21-
74(2)(a) OF THE MONROE COUNTY CODE; AMENDING
SECTION 23-76(a) OF THE MONROE COUNTY CODE;
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, Section 21-74(2)(a) of the Monroe County Code (MCC) currently only
requires owners and occupants of commercial property within the county to enter into an
agreement with a collector for commercial collection service; and
WHEREAS, there are businesses that operate within Monroe County that are mobile or
operate out of a residential property which are currently not required to comply with MCC
Section 21-74(2)(a); and
WHEREAS, businesses that are mobile or that operate from a residential property still
generate solid waste that a commercial property would generate for purposes of commercial
collection service; and
WHEREAS, such businesses should be required to enter into an agreement for
commercial collection service pursuant to MCC Section 21-74(2)(a) since failure to do so may
effect the overall cost of garbage collection for the taxpayers of Monroe County; and
WHEREAS, in order to ensure that businesses that are mobile or operate out of a
residential property comply with M CC Section 21-74(2)( a), the defmition 0 f "commercial
collection service" under MCC Section 21-46 and the requirements under MCC Section 21-74
should be amended; and
WHEREAS, there is currently no enforcement mechanism in place to ensure compliance
withMCC Section 21-74(2)(a); and
WHEREAS, in order to ensure that businesses comply with MCC Section 21-74(2)(a),
the tax collector will require proof of an agreement for commercial collection service before a
business tax will be issued;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COuNTY, FLORIDA:
[Proposed Text Changes are presented in strikethrough to indicate deletions and underline
to indicate additions.]
Page 1 of3
SECTION 1. Sec. 21-46 Commercial collection service is hereby amended to read as follows:
Commercial collection service means the collection, disposal and recycling of domestic solid
waste generated by commercial property or business provided by a collector.
SECTION 2. Section 21-74 is hereby amended to read as follows:
Sec. 21-74 Responsibility ofproperty owners and businesses.
The owners and occupants of improved property and businesses that operate within the
county shall use the collection services provided by the collector for the service area
where such property is located, unless exempted by the provisions of this article. All
improved property shall be subject to the imposition of the solid waste assessment for
such services as may be established in the rate resolution.
SECTION 3. Section 21-74(2)(a.) is hereby amended to read as follows:
The owners and occupants of commercial property, businesses that operate within the
county and governmental property that generates solid waste regardless of use, within the
county shall enter into an agreement with a collector for the service area where such
commercial property or business is located to provide commercial and governmental
collection service.
SECTION 4. Sec. 23-76(a) is hereby amended to read as follows:
(a) All persons obtaining a fm the business tax for the fIrst time must complete the tax
form prepared by the county tax collector and shall provide proof of a current
commercial collection service agreement pursuant to Section 21-74(2) of the Monroe
County Code. The business tax will not be issued or renewed until proof of a current
commercial collection service agreement is provided. The business tax provided for
in this chapter is for the primary purpose of raising revenue enly. It is not a County
permit to undertake any business, profession, or occupation at a particular site. The
tax collector shall, on a montWy basis, provide the county planning department with a
list of the taxpayer who have paid and the addresses of their respective businesses,
professions, or occupations. If the tax is paid for a business, profession or occupation
at an address that the planning department concludes violates that county's land
development regulations or comprehensive plan, then the county's code enforcement
department may undertake whatever action it deems proper to force a correction of
that violation. A statement similar to this subsection must appear on all business tax
forms.
SECTION 5. 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.
Page 2 of3
SECTION 6. CONFLICT WITH OTHER ORDINANCES. All ordinances or part of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 7. 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
confirm to the uniform numbering system of the code.
SECTION 8. EFFECTIVE DATE. This 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 17th day of March, 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairperson
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KEY LARGO
Chamber of Conunerce
106000 Overseas Highway' Key Largo · FL · 33037. 305/451-1414' Fax: 305/451-4726' keylargochamber.org
April 21, 2010
Commercial garbage collection for home occupational permit holders
The Key Largo Chamber of Commerce, which has 380 members, opposes this
ordinance...because it doesn't make any sens'e and it isn't necessary.
This ordinance states in the third whereas "businesses that operate from a
residential property still generate solid waste that a commercial property would
generat1e for purposes of commercial collection service."
That is not true. Home businesses do NOT generate solid waste at the same level as
typical businesses. And if they did, they could be cited by Code Enforcement, their
license pulled and eventually closed down.
Here's vvhy.
The county already heavily restricts who can get a home occupational permit. To get
one, the! business owner must meet stringent, ii-point criteria. Among them:
· I'Jo more than 200/0 of the home is used as a business;
· l-he business "shall be operated so as to not change the essential residential
character of the use"; and
· 1\'0 stock will be displayed or sold, nor any equipment or material stored
outside the business.
If you mleet these criteria, there is no way a home business will generate
commercial-level garbage. Can you imagine how a commercial dumpster would
impact the "essential residential character" of a neighborhood?
If there is a problem with home businesses generating garbage at the level of, for
instance, a restaurant or hotel, then the business is violating the home occupation
ordinance and should be dealt with by Code Enforcement.
We urge you not to pass this ordinance.
Mission statement of the Kev Larao Chamber of Commerce
Through the collective power of our membership, build a vibrant business
and social environment for our community.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUl\1MARY
Meeting Date: April 21. 20 10
Division:
Growth Management
Bulk Item: Yes
NoX
Department:
Staff Contact PersonlPhone #: Christine Hurley
Ex. 2517
AGENDA ITEM WORDING: A Public Hearing to consider a resolution revising the fee schedule for the
Growth Management Division to add an appeal fee for ROGO and NROGO.
ITEM BACKGROUND: Monroe County Code Section 138-1 allows for an appeal from the decision of the
Planning Commission on a ROGO or NROGO allocation to the Board of County Commissioners. An appeal fee
for ROGO or NROGO has not been listed.
PREVIOUS RELEVANT BOCC ACTION:
September 16, 2009 - Resolution 294-2009 changed the fee for Future Land Use Map Amendments,
Land Use District Map Amendments, Comprehensive Plan Amendments and Land Development
Regulation Applications.
CONTRACTIAGREEMffiNTCHANGES:N/A
STAFF RECOMMENDATIONS: Approval
TOT AL COST:
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes L No
AMOUNT PER MONTH TBD Year
APPROVED BY: County AttylL OMBlPurchasing lL Risk Management X
DOCUMffiNT ATION:
Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 3120 I 0
RESOLUTION NO. -2010
A RESOLUTION AMENDING THE PLANNING &
ENVIRONMENTAL RESOURCES DEPARTMENT FEE
SCHEDULE TO ADD AN APPEAL FEE FOR ROGO/NROGO;
CLARIFYING OTHER CHARGES; REPEALING ANY OTHER
FEE SCHEDULES INCONSISTENT HEREWITH.
WHEREAS, the Monroe County Board of County Commissioners wishes to
provide the citizens of the County with the best possible service in the most cost effective
and reasonable manner; and
WHEREAS, the Board finds that it would be in the best interests of the general
public to charge the true cost for such services, thereby placing the burden of such costs
directly upon those parties deriving the benefit from such services; and,
WHEREAS, the updated fee schedule prepared by the Growth Management
Director for providing these services includes the estimated direct costs and reasonable
indirect costs associated with the review and processing of planning and development
approval applications and site plans, on-site biological reviews, administrative appeals,
preparation of official documentation verifying existing development rights and other
processes and services; and
WHEREAS, the Board heard testimony and evidence presented as to the
appropriate fee schedule during a public hearing on April 21, 2010; and,
WHEREAS, the Board of County Commissioners wishes to add an appeal
application fee for ROGO and NROGO to update Board of County Commissioners
Resolution 294-2009;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA:
Section 1. Pursuant to Section 102-19(9), the following schedule of fees to be charged
by the Growth Management Division for its services, including but not limited
to the filing of land development permit applications, land development
approvals, land development orders, and appeal applications, and requests for
technical services or official letters attesting to development rights recognized
by the County shall be implemented:
Administrative Appeals
Administrative Relief
Alcoholic Beverage Application
Appeal ROGO or NROGO to BOCC
Beneficial Use
Biological Site Visit (per visit)
1500.00
1,011.00
1,264.00
816.00
4,490.00
280.00
PLANNING FEE RESO - PROPOSED - 0421201O.doc
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Biologist Fee (misc - per hour)
Boundary Determination
Comprehensive Plan Amendment
Conditional Use Application, Major
Conditional Use, Application, Minor
Conditional Use, Minor Deviation
Conditional Use, Revised Plan Review
Conditional Use, Time Extension
Conditional Use, Transfer of Development Rights
Conditional Use, Transfer of Floor Area
Conditional Use, Transfer of ROGO Exemption
Development Agreement
Development of Regional Impact
DOAH Appeals
Dock Length Variance
Future Land Use Map Amendment
Grant of Conservation Easement
Habitat Evaluation Index (per hour)
Home Occupation Application
Inclusionary Housing Exemption
Land Development Regulations Text Amendment
Land Use District Map Amendment - Nonresidential
Land Use District Map Amendment -Residential
Letter of Current Site Conditions
Letter of Development Rights Determination
Letter of ROGO Exemption
NROGO Application
Planning Fee (misc - per hour)
Parking Agreement
Planning Site Visit
Platting, 5 lots or less
Platting, 6 lots or more
Pre-application with Letter of Understanding
Pre-application with No Letter of Understanding
Public Assembly
Research, permits and records (per hour)
Road Abandonment
ROGO Application
ROGO Lot/Parcel Dedication Letter
Sign Variance
Special Certificate of Appropriateness
Vacation Rental Application
Vacation Rental Manager License Fee
Vacation Rental Renewal
Variance, Planning Commission
Variance, Planning Director
60.00
1,201.00
5,531.00
10,014.00
8,484.00
1,768.00
638.00
986.00
1,239.00
1,944.00
1,740.00
12,900.00
28,876.00
816.00
1,026.00
5,531.00
269.00
60.00
498.00
900.00
5,041.00
4,929.00
4,131.00
936.00
2209.00
215.00
774.00
50.00
1,013.00
129.00
4,017.00
4,613.00
689.00
296.00
149.00
50.00
1,533.00
748.00
236.00
1,076.00
200.00
493.00
106.00
100.00
1,608.00
1,248.00
PLANNING FEE RESO - PROPOSED - 042120 I O.doc
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Vested Rights Determination
Waiver, Planning Director
Wetlands Delineation (per hour)
2,248.00
1,248.00
60.00
Growth Management applications may be subject to the following additional
fees or requirements:
1. Advertising and lor notice fees; $245 for newspaper advertisement and $3
per property owner notice.
2. No application or other fees for affordable housing projects.
3. Hearing fees; payment of half the cost of the hearing officer, which is currently
$70.00 per hour. County is charged $140.00 per hour by DOAH. If the fee
charged to the County is increased, the charge will change proportionately
4. Subject to technology fee of $20.
5. Applicants for Administrative Appeal who prevail based on County error, as
found by the Planning Commission, shall have the entire application fee
refunded.
Section 2. Any other fees schedules or proVIsIons of the Monroe County Code
inconsistent herewith are hereby repealed.
Section 3. The Clerk of the Board is hereby directed to forward one (1) certified copy of
this Resolution to the Division of Growth Management.
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 Murphy
Mayor pro tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Sylvia Murphy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
PLANNING FEE RESO - PROPOSED - 042120 I O.doc
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