Item Q2
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, March 15,2000,
at 3:00 PM at the Marathon Government Center, 2798 Overseas Highway, Marathon,
Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida,
intends to consider the adoption of the following County ordinance:
. .
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 CONTRAC.T.ORS - 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.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to
appeal any decision made by the, Board with respect to any matter considered at the
hearing, he will need a record of the proceedings, and that, for such purpose, he may need
to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for review at the various public
libraries in Monroe County, Florida.
Dated at Key West, Florida, this 18th day of February, 2000.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates
Key West Citizen
Keynoter
Reporter
2/25 - 3/3/00
2/26 - 3/4/00
2/24 - 3/2/00
I.. G2
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 CERT AIN 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 QF ORDINANCES: AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1. Section 6-66(7), MCC is hereby amended to read as follows:
17) .: :;:I~~ ~::I :~:~~:I obligation Ih~~~~~I~ I: ::: ::
~I;; .;;' Ii. 1 i'.. __ . . ;k'; services pertorm~d in Iho oporolion
SI ss for which he IS licensed hereunder.
Commit mismana ement or misconduct in the ractice of contractin
that causes financial harm to a customer. Financial mismana ement or
misconduct occurs when:
a Valid liens have been recorded a ainst the ro ert of a
contractor's customer for su lies or services ordered b the contractor for the
customer's .ob: the contractor has received funds from the customer to a
for the suo~lies or services: and the contractor has not had the liens removed
from the ro ert b a ment or b bond within 75 days after the date of
such liens:
The contractor has abandoned a customer's 'ob and the
ercenta e of com letion is less than the ercenta e of the total contract
IJrice ""aid 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 da s after the date the iob is abandoned: or
Ic) The contractor's iob has been comoleted. and it is shown that the
customer has had to a more for the contracted .ob than the oriainal
contract orice. as adiusted for subseauent chanae orders. unless such increase
in costs was the resull of circumstances be and the control 01 the conlractor:
was the result of circumstances caused b the customer or was otherwise
ermitted b the terms of the contract between the contractor and the
customer.
f"\ '"'" ~
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Section 2.
Section 6-66(2), MCC is hereby amended to read as follows:
(2) Abandon without legal excuse a construction project or operation in
which he is engaged or under contract as a contractor.
Abandon a construction proiect in which the contractor is enaaaed 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 ora?et an unlicensed person to evade I:::: ~r:~~ ~ t~~
~~~~: or allow his license to be used by any unlicensed J9 0, t s
agent of an agent of an unlicensed person.
a Perform an act with assists a erson or entit. in en~a~in,"" in the
prohibited uncertified and unreaistered practice of contractina. if the
certificate holder or reaistrant knows or has reasonable arounds to know that
the person or entity was uncertified and unreaistered.
b To knowin I combine or cons ire with an uncertified or
unreaistered person by allowina his or her certificate. reaistration. or certificate
of authori to be used b the uncertified or unre istered erson with intent to
evade the provisions of this chapter. When a certificate holder or reaistrant
allows his or her certificate or reaistration to be used by one or more business
oraanizations without havina any active participation in the operations.
manaaement. or control or such business oraanizations. 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
Mayor/Chairperson
Deputy Clerk
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