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Item P3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 21, 2001 Division: COUNTY ATTORNEY AGENDA ITEM WORDING: Public Hearing of Ordinance an Ordinance amending Sec. 6-66(7), MCC, in order to include in the prohibited actions mismanagement or misconduct which causes financial harm to another contractor. At Public Hearing on February 21, 2001, motion to continue this public hearing to the March Board meeting in Marathon at 3:00 p.m. and to have a representative of the Contractors' Examining Board present. STAFF RECOMMENDATIONS: Approval DIVISION DIRECTOR APPROVAL: ~~ J . HENDRICK DOCUMENTATION: Included AGENDA ITEM # l:P3 Board of County Commissioners ORDINANCE NO - 2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 6-66(7) MONROE COUNTY CODE, IN ORDER TO INCLUDE IN THE PROHIBITED ACTIONS MISMANAGEMENT OR MISCONDUCT WHICH CAUSES FINANCIAL HARM TO ANOTHER CONTRACTOR; 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, Monroe County Code Sec. 6-66(7) was revised to correspond to statutory language for financial mismanagement or misconduct in the practice of contracting; and WHEREAS, the said revision prohibited only those actions which cause financial harm to a customer; and WHEREAS, it is desired that financial harm to other contractors where a subcontractor is required to file a construction lien against the property improved and/or a civil complaint against the contractor for non-payment; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The first sentence of Sec. 6-66(7), Monroe County Code, is hereby amended to read: Commit mismanagement or misconduct in the practice of contracting that causes financial harm to a customer or another contractor. Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office 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 2001. Mayor George Neugent Commissioner Charles McCoy Commissioner Murray Nelson Commissioner Dixie Spehar Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson jdordcontractor