Ordinance 028-2013J
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 028 -2013
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AMENDING
SECTIONS 6- 240(a); 6- 240(b); AND 6 -242 CONCERNING
CERTIFICATES OF COMPETENCY; PROVIDING A GRACE
PERIOD FOR THE PAYMENT OF LATE RENEWAL FEES;
CLARIFYING THE LATE RENEWAL PENALTY AMOUNT AND
PROVIDING FOR RELIEF FROM THIS SECTION BY THE
CONTRACTORS' EXAMINING BOARD UPON GOOD CAUSE
SHOWN BY THE HOLDER OF THE CERTIFICATE OF
COMPETENCY; PROVIDING FOR AN APPLICATION AND FEE
FOR RENEWAL OR REINSTATEMENT REQUEST;
AMENDING THE TITLE OF SECTION 6 -242; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
FILING WITH THE DEPARTMENT OF STATE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Contractors' Examining Board (CEB) is the local construction regulation board
for Monroe County authorized by Florida Statutes Chapter 489 to regulate local contractors; and
WHEREAS, at the September 12, 2012 meeting of the CEB, the CEB requested text amendments
to Section 6 -242 of the Monroe County Code to further clarify the CEB's powers and duties regarding
license renewals and reinstatement of lapsed Certificates of Competency issued by the CEB; and
WHEREAS, at the March 12, 2013 meeting of the CEB, the CEB requested text amendments to
Section 6 -240 of the Monroe County Code to clarify the definition of an expired Certificate of
Competency; to clarify the status of a Certificate of Competency that is inactive or has lapsed for non-
1
payment; and to provide a 30 -day grace period for the late payment of renewal fees with a penalty;
and
WHEREAS, at the April 9, 2013 meeting of the CEB, the CEB approved the following text
amendments and recommended that the following amendments be forwarded to the Board of County
Commissioners for consideration and adoption.
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
SECTION 1. Section 6- 240(a) and 6- 240(b) of the Monroe County Code is amended to read as follows:
Sec. 6 -240. - Fees
(a) The Board shall recommend to the Board of County Commissioners reasonable fees to be
paid for application, examination, certification and renewal, and record making and
recordkeeping. The fees shall be established as follows:
General Contractor ..................................................................... ...............................
$200.00
BuildingContractor ..................................................................... ...............................
$150.00
Residential Contractor ................................................................ ...............................
$150.00
EngineeringContractor I ............................................................. ...............................
$200.00
Engineering Contractor II ............................................................ ...............................
$150.00
EngineeringContractor III ........................................................... ...............................
$150.00
Mechanical, Plumbing and Electrical Contractors ...................... ...............................
$150.00
All other Contractors, including Specialty Contractors .............. ...............................
$150.00
Master (Plumbing, Electrical and Mechanical) ........................... ...............................
$100.00
Journeyman (Plumbing, Electrical and Mechanical) ..................... ...............................
$70.00
Apprentice ..................................................................................... ...............................
$30.00
ExaminationFees ...................................................................................... ...............................
Business and Law Exam .............................................................. ...............................
$100.00
All Hour Technical Exams ............................................................ ...............................
$155.00
Renewal Reinstatement Request Application ............................ ...............................
$200.00
(b) The renewal fees shall cover two years, and the Certificate of Competency shall be issued
for two years. The renewal fees shall be due on October 1 of each odd - numbered year and the
Certificate of Competency shall expire on November 1 of that same year for non - payment. The
late renewal of an expired Certificate of Competency shall be allowed on or after November 1
of each odd - numbered year, but prior to December 1 of that same year with a penalty. The
2
penalty shall be equal to the renewal fee. If renewal of the Certificate of Competency has not
occurred prior to December 1 of each odd - numbered year, then the Certificate of Competency
shall not be renewed or reinstated unless the holder of the Certificate of Competency files an
application and pays the fee to the Monroe County Building Department within two (2) years of
the November 1 expiration date and shows good cause to the Contractors' Examining Board for
justification of renewal at a meeting of the Contractors' Examining Board by vote of its
members. The Contractors' Examining Board may take any action authorized in Section 6 -242.
(1) A license shall not be renewed if there are any unpaid fines or administrative fees
including license fees, permit fees, fines and /or administrative fees issued by the
Contractors' Examining Board and /or citation issued by the Department of Code
Compliance.
(2) The holder of the Certificate of Competency is responsible to notify the Monroe
County Building Department in writing of any and all changes of mailing address. The
Monroe County Building Department shall provide the renewal notice to the last known
mailing address of the holder of the Certificate of Competency.
(3) For the purposes of this chapter, a person or business organization operating as a
business or acting in the capacity of a contractor with an inactive or expired license is
unlicensed.
SECTION 2 . Section 6 -242 of the Monroe County Code is hereby amended to read as follows:
Sec. 6 -242. - Requests for renewal or reinstatement.
(a) When the holder of a Certificate of Competency that has been revoked or suspended for any
reason, or expired for non - payment after the time prescribed in Section 6 -240, wishes to renew
or reinstate the Certificate of Competency, the holder of the Certificate of Competency shall file
an application and pay the fee to the Building Department within two years of the expiration
date or revocation date or suspension date and show good cause to the Contractors' Examining
Board for justification of renewal at a meeting of the Contractors Examining Board by vote of its
members. The Contractors' Examining Board may:
(1) Require complete reexamination before a Certificate of Competency is renewed or
reinstated; and /or
3
(2) Require a payment up to all missed renewal and penalty fees; or
(3) Deny the request for renewal or reinstatement.
(b) A Certificate of Competency that has expired and is no longer issued by Monroe County
may not be renewed or reinstated unless the holder of the Certificate of Competency files
an application and pays the fee with the Building Department within two years of the
expiration date and shows good cause to the Contractors' Examining Board for justification
of renewal or reinstatement at a meeting of the Contractors' Examining Board by vote of its
members. The provisions listed in Section 6- 242(a)(1), (2) and (3) shall apply.
SECTION 3. Severabilitv
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate,
or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section,
paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which
such judgment or decree shall be rendered.
SECTION 4. Conflicting Provisions
In the case of direct conflict between any provision of this ordinance, and a portion or provision of any
appropriate federal, state, or county law, rule, code or regulation, the more restrictive shall apply.
SECTION 5. Filing
This Ordinance shall be filed with the Department of State and shall be effective as provided in Chapter
125.66(2) Florida Statutes.
SECTION 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the
County of Monroe, Florida, as an amendment thereto, and shall be appropriately renumbered to
conform to the uniform marking system of the Code.
SECTION 7. Effective Date.
This Ordinance shall become effective as provided by law and stated above.
(THE REST OF THIS PAGE IS LEFT BLANK INTENTIONALLY)
4
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
21
21
21
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
PASSED and ADOPTED at a regular meeting of the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 17th day of July. 2013
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
VILIN, CLERK
By. S
Mayor George Neugent
MONROE COUNTY ATTORNEY
AP DYED AS TT 0 F. NA:
STEVEN T. V'+tit.OAMS
ASS ISTANT C(UN - %/ TTORNEY
Date
_
CS
w
_
_�.
s.
--
_
c�
«.
p
o
c�
co
111%,"VI.'Sr II•I LI II'SI• IV
CONSIDER ADOPTION OF ° L
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO
WHOM IT MAY CONCERN that
on Wednesday,July 17,2013 at KEY-*
3:00 p.m.,or as soon thereafter STATE OF FLORIDA
as COUNTY OF MONROE
may be heard,at the Harvey E,��y11r,K
Government Center 1200 Ins,LLC
Truman Avenue,2nd Floor,Key
West,Florida,the Board of
County Commissioners of Before the undersigned authority personally appeared Tommy Todd, who on
Monroe oath says that he is Advertising Director of the Key West Citizen, a daily
County, Florida,intends to
consider the adoption of the '77 newspaper published in Key West, in Monroe County, Florida; that the
following County Ordinance: attached copy of advertisement, being a legal notice in the matter of
AN ORDINANCE OF THE 25
BS COUNTY •
N j�-j C (\ A) 4'1 oN Tu , `d O OOJ(ACOMMISSSIOO NERER S OF MONROE Om O T�-
COUNTY AMENDING
SECTIONS6-24 (� I p
CONCERNINGC(a);6-240(b);CERTIFICATESAND 6-242 C I p,n k 1./I I US G `A)AA-MCI-OAS :i(Aitet NI,/i► 1►.�U
✓ N t,
OF COMPETENCY;PROVIDING
A GRACE PERIOD FOR THE
PAYMENT OF LATE RENEWAL was published in said newspaper in the issue(s) of
FEES;CLARIFYING THE LATE
RENEWAL PENALTY RELIEF UJ - 2 r l
MOUNT
AND PROVIDING FOR RELIEF "t)
FROM THIS SECTION BY THE I
CONTRACTORS'EXAMINING
BOARD UPON GOOD CAUSE Affiant further says that the Key West Citizen is a newspaper published in
SHOWN BY THE HOLDER OF Key West, in said Monroe County, Florida and that the said newspaper has
THE CERTIFICATE OF
COMPETENCY;PROVIDING heretofore been continuously published in said Monroe County, Florida every
FOR AN APPLICATIONAND day, and has been entered as second-class mail matter at thepost office in Key
FORRRENEWAL
OR �
REINSTATEMENT REQUEST; West, in said Monroe County, Florida, for a period of 1 year next- ing
AMENDING 6- 42;TH PROVIDING the firstpublication of the attached copyof advertisement; and affiant er
OF
SECTION 6-242;
FOR SEVERABILITY; s says that he has neither paid nor promised any p on, firm or corporation y
PROVIDING FOR THE REPEAL
OF ALL ORDINANCES discount, rebate, commission or,-refund for th purpose of securing his
INCONSISTENT HEREWITH; advertisement for publication ' the said new a
PROVIDING FOR FILING WITH p p
THE DEPARTMENT OF STATE;
AND PROVIDING AN
EFFECTIVE DATE.
Pursuant to Section 286.0105.
Florida Statutes,notice is given 'ant
that if a person decides to appeal
any decision made by the Board
with respect to any'matter _ /n
considered at such hearings or
Sworn and subscribed before me this da� of S vA— , 2013
meetings,he will need a record of y
the proceedings,and that,for
such
purpose,he may need to ensure 0`ARy DAWN KAWZINSKY
that a verbatim record of the Notary Public: NOTARY PUBLIC
proceedings is made,which ESTATE OF FLORIDA
record d' Comm#EE157233
includes the testimony and f�•-0
evidence upon which the appeal .0° AAA" \<CAA/1/4-1)1/4 iOE 19 Expires 1/4/2016
Is
to be based.
ADA ASSISTANCE: If you are a Dawn Kawzinsky cz c
person with a disability who w
needs Expires: 1/4/16 Notail,Seal ► .
special accommodations in order 'fir,- L. rri
to participate in this proceeding, '.=7 r- v
please contact the County -ri
il-Administrator's Office,by phoning —'c; O O
(305)292-4441,between the Personally Known x Produced Identification = J :-_-ahours of 8:30 a.m.-5:00 p.m.,no Type of Identification Produced —';- ?'
later than ten(10)calendar days .<__ -'` r,r
prior to the scheduled meeting;if C 3 C)
you are hearing or voice CD i
impaired,
MPcall"711"
Dated at Marathon,Florida,this
26th day of June,2013.
AMY HFAVII IN Clark of fha
AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
Moxnoe coutmr, FLORIDA
August 16, 2013
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7011 -3500- 0002 - 0450 -5456
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 028 -2013 amending Monroe County
Code, Chapter 6, Sections 6- 240(a); 6- 240(b) and 6 -242 clarifying the powers and the duties of the
Contractors' Examining Board (CEB) regarding license renewals and reinstatement of lapsed
Certificates of Competency; providing for a grace period and late renewal penalty.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on July 17, 2013. Please file for the record. Should you have
any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Vitia Fernandez, D.C.
cc: County Attorney via e -mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e-mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 -295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
Ln
0
Ln
Postage
$
F L33
'Y1
O
Certified Fee
C
'
M Return
O
Receipt Fee
(Endorsement Re
1 >_
\ gyp
rk
er `I
!
f
W
O
Restricted Delivery Fee
(Endorsement Required)
IN
O
O
$
�Q `�.
LrI
Total Postage & Fees
M
Sent To
2 C loud , -- ra y-- - - - - -I d ---- - - - - --
--------------------------
r=1
O
Street, Apt No.; �
PO Box No
or [ -
- -- -----------------
See Reverse
3 Z 3'7
for instructions
PS Form :,, Au 2006
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
A. 4& G OLO
Svv i rz�ov911
�l /aGr 44 3 z3 c i - 7
A. Signature
X DEPT. OF STATE o Addressee
B. Received by (Printed Name C. Date of Delivery
AUG 19 N13
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
rtified Mail 11 Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Y
2. Article Number 7011 3500 0002 0450 5456
(Transfer from service label)
PS Form 3811 February 2004 Domestic Return Receipt 102595 -02 -M -1540 ;
__
FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
August 19, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Vitia Fernandez, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letters
dated August 16, 2013 and certified copies of Monroe County Ordinance Nos. 026 -2013, 027 -2013 and
028 -2013, which were filed in this office on August 19, 2013.
Sincerely,
�' UVj
Liz Cloud
Program Administrator
LC /elr
?
`n
T-tj
�a.
-
ry
- I
Cn
o
..
M
N
C
0
-
N
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us