Item P4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January 19,2000
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise an ordinance amending Sec. 6-66. Monroe County Code in order to clarify
certain prohibited acts of contractors.
ITEM BACKGROUND:
To define prohibited actions of failing to fulfill financial obligations. aiding and abetting unlicensed
persons. and abandoning a project with language used in state statute for ease of understanding
and enforcement.
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION:
Approval to advertise for public hearing for 3 PM on March 15, 2000 in Marathon.
TOTAL COST: Unknown.
BUDGETED: Yes_ No_
Cost to County:
APPROVED BY:
County Attorney X OMB/Purchasing
DIVISION DIRECTO~
DOCUMENTATION: I c1U:ed- .lL
Risk Management
To Follow
Not required
AGENDA ITEM #
~
Contractors Examining Board
ORDINANCE NO
-2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY. flORIDA, AMENDING SEC. 6-66, MONROE COUNTY CODE. IN ORDER TO
CLARIFY CERTAIN PROHIBITED ACTS OF CONTRACTORS FINANCIAL
MISMANAGEMENT, ABANDONING A PROJECT. AIDING AND ABETTING UNLICENSED
PERSONS; 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
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section I. Section 6-66(7), MCC is hereby amended to read as follows:
(7) To fail to fulfill his contractual obligation through inability to pay all
creditors for material furnished or work or services performed in the operation
of his business for which he is licensed hereunder.
Commit mismanaaement or misconduct in the practice of contractina
that causes financial harm to a customer. Financial mismanaaement or
misconduct occurs when:
(a) Valid liens have been recorded aaainst the property of a
contractor's customer for supplies or services ordered by the contractor for the
customer's job: the contractor has received funds from the customer to pay
for the sUPP.lies or services: and the contractor has not had the liens removed
from the property, by payment or by bond. within 75 days after the date of
such liens:
(b) The contractor has abandoned a customer's job and the
percentaqe of completion is less than the percentaae of the total contract
price paid to the contractor as of the time of abandonment. unless the
contractor is entitled to retain such funds under the terms of the contract or
refunds the excess funds within 30 days after the date the iob is abandoned: or
(cl The contractor's iob has been completed. and it is shown that the
customer has had to pay more for the contracted job than the oriainal
contract price, as adiusted for subsequent chanae orders. unless such increase
in costs was the result of circumstances beyond the control of the contractor.
was the result of circumstances caused by the customer, or was otherwise
~r . te. . y tIe terms of the contract between the contractor and the
cust ".'
.
Section 2.
Section 6-66(2), MCC is hereby amended to read as follows:
(2) Abandon without legal oxcuse a construction project or operation hi
which he is engaged or under contract as a contractor.
Abandon a construction proiect in which the contractor is engaged or under
contract as a contractor. A proiect may be presumed abandoned after 90
days if the contractor terminates the proiect without iust cause or without
proper notification to the owner. includina the reason for termination. or fails to
perform work without iust cause for 90 consecutive days.
Section 3.
Section 6-66(8), MCC is hereby amended to read as follows:
(8) To aid or abet an unlicensed person to evade the provisions of this
article or allow his license to be used by any unlicensed person or to act as an
agent of an agent of an unlicensed person.
(a) Perform any act with assists a person or entity in enaaoina in the
prohibited uncertified and unreoistered practice of contractino. if the
certificate holder or reoistrant knows or has reasonable orounds to know that
the person or entity was uncertified and unreoistered.
b) To knowinalY combine or conspire with an uncertified or
unreoistered person by allowino his or her certificate. reoistration. or certificate
of authority to be used by the uncertified or unreoistered person with intent to
evade the provisions of this chapter. When a certificate holder or reoistrant
allows his or her certificate or reoistration to be used by one or more business
oroanizations without havino any active participation in the operations.
manaoement. or control or such business oroanizations. such act constitutes
prima facie evidence of an intent to evade the provisions of this chapter.
Section 4. 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 5. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 6.
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 7. This ordinance shall take effect immediately upon receipt of official
notice from the Office of the 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 of said Board held on the
day of
,2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
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