Item G13BOARD OF COUNTY COMMISSIONERS
Meeting Date:
Bulk Item:
AGENDA ITEM SUMMARY
June 19, 2013 Division: Growth Management
Yes ® No ❑
Department: Building
Staff Contact Person: Jerry Smith, Sr. Director / Building Official Phone:
453-8729
AGENDA ITEM WORDING:
Approval to advertise a public hearing to consider the adoption of a County Ordinance amending
Monroe County Code, Chapter 6, Section 6-198 clarifying the definition of Contractor and adding the
definition of Employee; amending Section 6-200(7) clarifying the parameters and restrictions of owners
acting as their own contractors; and amending Section 6-270(b) clarifying the difference between an
owner acting as their own contractor and an unlicensed contractor; 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.
ITEM BACKGROUND:
In a continuing effort to provide a Code of Ordinances that is fair, consistent, and adequately addresses
the concerns of our citizens as well as the Contractors' Examining Board, while adhering to all local,
state and federal laws, it is necessary to update and clarify certain provisions of the Code to increase
understanding and uniform application. Property Owners have been added to the definition of
Contractor to allow them to perform their own repairs in certain circumstances when all other applicable
conditions of the Code have been met. Parameters and restrictions have been incorporated to further
clarify the conditions under which Property Owners may act as their own Contractor. In addition, the
definition of Employee has been added to further differentiate between the duties and responsibilities of
the Contractor (Employer), and persons who provide work of value and/or receive compensation under
employment laws of the United States (Employees).
PREVIOUS RELEVANT BOCC ACTION:
The Board of County Commissioners adopted Ordinance 013-2010 amending Section 6-198 on April
21, 2010; Ordinance 2-1995 amending Section 6-200 on January 18, 1995; and Ordinance 020-2011
amending Section 6-270 on October 19, 2011.
CONTRACT/AGREEMENT CHANGES: , N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ N/A INDIRECT COST: $ BUDGETED: Yes ❑ No ❑
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $
REVENUE PRODUCING: Yes ❑ No ❑
APPROVED BY: County Attorney:
DOCUMENTATION: Included: ❑
DISPOSITION:
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing: ❑ Risk Management: ❑
Not Required: ❑
AGENDA ITEM #:
Revised 7/09
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MONROE COUNTY, FLORIDA
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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ORDINANCE NO. -2013
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AN ORDINANCE OF THE BOARD OF COUNTY
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COMMISSIONERS OF MONROE COUNTY AMENDING THE
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MONROE COUNTY CODE SECTION 6-198 CLARIFYING THE
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DEFINITION OF CONTRACTOR AND ADDING THE
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DEFINITION OF EMPLOYEE; AMENDING SECTION 6-200(7)
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CLARIFYING THE PARAMETERS AND RESTRICTIONS OF
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OWNERS ACTING AS THEIR OWN CONTRACTOR; AND
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AMENDING SECTION 6-270(b) CLARIFYING THE
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DIFFERENCE BETWEEN AN OWNER ACTING AS THEIR OWN
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CONTRACTOR AND AN UNLICENSED CONTRACTOR;
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PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
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REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
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PROVIDING FOR FILING WITH THE DEPARTMENT OF
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STATE; AND PROVIDING AN EFFECTIVE DATE.
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25 WHEREAS, the Board of County Commissioners (BOCC) deems it necessary to regulate the
26 construction industry within its jurisdiction in the interests of public health, safety and welfare, and
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28 WHEREAS, it is the intent of the Monroe County BOCC to prohibit unlicensed contractors from
29 engaging in the business of contracting without obtaining the required certification or registration for
30 the work being performed in accordance with the Monroe County Code, and
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32 WHEREAS, it is the intent of the Monroe County BOCC to allow Property Owners to act as their
33 own Contractor under certain circumstances for work being performed in accordance with the Monroe
34 County Code, and
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36 WHEREAS, a clarification in the definition of contractor to include Property Owners will further
37 the intent of the original provision regarding Contractor responsibilities, and
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39 WHEREAS, the addition of the definition of "Employee" further clarifies the requirements of the
40 Contractor responsibilities when employing persons who provide work of value and/or receive
41 compensation under employment laws of the United States.
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43 NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
44 COUNTY, FLORIDA:
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46 [Proposed text changes are presented in StFikethFO ...a, to indicate deletions and underline to
47 indicate additions]
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49 SECTION 1. Section 6-198 of the Monroe County Code is amended to read as follows:
50 Sec. 6-198. - Definitions.
51 * * * * * #
52 Contractor means a person who possesses the requisite skill, knowledge, financial responsibility
53 and experience to supervise, direct, manage and control the contracting activities of the business
54 entity with which he is connected and whose technical and personal qualifications have been
55 determined by investigation and examination as provided in this chapter, and any person who meets
56 the state statutory definition of contractor in the chapter on construction contracting. Owners of
57 Droaertv who have obtained a valid "owner/builder" permit for construction shall be considered
58 Contractors for the purpose of this Chapter.
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60 Demolition means the dismantlement, disassembly, demolishing, wrecking, or removal of
61 structures or parts thereof and removing the debris therefrom in such a manner that adjoining
62 structures and properties and parts thereof and workmen and other persons may be kept safe. A
63 contractor holding a certificate of competency under this chapter § 489, pt. I (F.S. § 489.101 et seq.)
64 may perform demolition of those elements of a structure or components thereof which said contractor
65 is licensed to construct, assemble or install. General contractors, building contractors, and residential
66 contractors may totally demolish such structures, including the roofs, as they are licensed to construct
67 after they have received from the properly licensed contractor a certificate that electricity, water, and
68 any gaseous substances have been disconnected by said contractors from the source or supply at a
69 point outside the structure to be demolished. Any demolition of a structure which is suspected to
70 contain asbestos requires review by, and if necessary, coordination of activity through the Florida
71 Dept. of Environmental Protection (DEP) prior to the start of work. After May 1, 1997, Monroe County
72 shall no longer certify demolition specialty contractors. However, the board shall continue to license
73 and regulate those demolition specialty contractors who held certificates of competency prior to May
74 1, 1997. Those persons holding such license on the effective date of this subsection shall be entitled to
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75 renew such license but at such time that the license is allowed to expire, it shall not be reinstated
76 through the reinstatement provisions of the licensure chapter.
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78 Electrical contractor means a contractor doing work on any premises or in any building or
79 structure requiring the installation, repair, alteration, addition or changes to any system of electrical
80 wiring, apparatus or equipment for light, heat or power. This work may include all electrical
81 installations for which he holds a certificate of competency on private and public property and within
82 substations and plants, and an electrical contractor may contract therefore and will be issued permits
83 for such work by the administrative agency concerned. All applicants for electrical contractor shall be
84 required to pass the business and law exam and the appropriate trade exam and to have had a
85 minimum of six years' experience in the field, as demonstrated to the satisfaction of the licensing
86 board.
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88 Employee means a person who provides work of value and/or receives compensation and is
89 under the supervision and control of an employer who is required to regularly deduct the F.I.C.A. and
90 withholding tax and provides workers' compensation, all as prescribed by law.
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92 Engage in business means doing a trade for any owner or any tenant of land or of a building or
93 of any part thereof, or for any person, firm or corporation in possession or in charge of the same or any
94 part thereof, or entering into a contract with any such owner, tenant, person, firm or corporation for
95 the doing of a trade.
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99 SECTION 2. Section 6-200(7) of the Monroe County Code is amended to read as follows:
100 Sec. 6-200. - Exemptions.
101 Licensure under this article does not apply to:
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103 (7) Owners of property when acting as their own contractor and providing direct, onsite all•
104 FnateF supervision themselves of all work not performed by licensed contractors, when
105 building or improving farm outbuildings or one -family or two-family residences on such
106 property for the occupancy or use of such owners and not offered for sale or lease, or building
107 or improving commercial buildings at a cost of under $275,000.00 on such property for the
108 occupancy or use of such owners and not offered for sale or lease. In an action brought under
109 this part, proof of the sale or lease, or offering for sale or lease, of any structure by the owner-
110 builder within one year after completion of same creates a presumption that the construction
111 was undertaken for purposes of sale or lease.
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112 (a) This subsection does not exempt any person who is employed by or has a contract with
113 such owner and who acts in the capacity of a contractor. The owner may not delegate the
114 owner's responsibility to directly supervise all work to any other person unless that person
115 is registered or certified under this chapter and the work being performed is within the
116 scope of that person's license. For the purposes of this subsection, the term "owners of
117 property" includes the owner of a mobile home situated on a leased lot.
118 (b) To qualify for exemption under this subsection, an owner must personally appear and sign
119 the building permit application and must satisfy all applicable permitting requirements
120 proving that the owner has complete understanding of the owner's obligations as required
121 under Florida Statutes and any County Codes, per the County Building Official. If any person
122 violates the requirements of this subsection, the County Building Official may withhold final
123 approval, revoke the permit, or pursue any action or remedy for unlicensed activity against
124 the owner and any person performing work that requires licensure under the permit issued.
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128 SECTION 3. Section 6-270(b) of the Monroe County Code is amended to read as follows:
129 Sec. 6-270. — Powers and duties.
130 (a) The examining board shall be the local construction regulation board, and shall have the
131 following powers:
132 (1) To determine if a license or certificate of competency of any local contractor should be
133 suspended for any violation of this chapter and to fix the length of time for such
134 suspension;
135 (2) To call upon members of the industry to advise and assist it;
136 (3) To determine if a state certified contractor is guilty of fraud or has willfully violated any
137 of the building codes of the county or has, within the past 12 months, been found by the
138 local construction regulation board of any other county or municipality to be guilty of
139 fraud or a willful building code violation that would have been fraud or a building code
140 violation if committed in the county; and
141 (4) To determine if the authority of state certified contractors to obtain a building permit
142 should be revoked, suspended or limited to obtaining permits with specific conditions
143 and to set the terms of suspension or conditions.
144 (5) To determine that a licensee, certificate holder, or registrant licensed under Chapter
145 455, Chapter 471, Chapter 481 and Chapter 489, has committed a material violation of
146 the Florida building code and failed to correct the violation in a reasonable time. In such
147 case a fine may be imposed in an amount not less than $500.00 and no more than
148 $5,000.00 per violation. The violation may be disputed as set forth in F.S. § 553.781
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149 (2)(b). For purposes of this section, a material code violation is a violation that exists
150 within a completed building, structure, or facility which may reasonably result, or has
151 resulted, in physical harm to a person or significant damage to the performance of a
152 building or its systems. Except when the fine is abated as provided in F.S. § 553.781
153 (2)(b), failure to pay the fine within 30 days shall result in a suspension of the licensee's,
154 certificate holders, or registrant's ability to obtain permits within this state until such
155 time as the fine is paid.
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157 (b) When the board has reason to believe that any person not licensed by the beard
158 e#fr-iat Department of Business and Professional Regulation or by the Monroe County
159 Contractors Examining Board to do contracting and not exempt from the licensing
160 requirements as stated in Section 6-200 has violated any provision of this chapter which
161 relates to the practice of a profession regulated by this board or building department or any
162 rule adopted pursuant thereto, the board or the buildiwg-ef€c� Building Official or the
163 Building Official's designees may issue and deliver to such person a notice to cease and
164 desist from such violation. In addition, the board or the Building Official or the Building
165 Official's designees may issue and deliver a notice of cease and desist to any person who
166 aids and abets the unlicensed practice of a profession and/or contracts with such
167 unlicensed person.
168 (1) Code enforcement inspectors acting under the authority of chapter 8 are hereby
169 designated to enforce the provisions of this article.
170 (2) Code enforcement inspectors as designated in this subsection may issue a citation for
171 any violation of this article whenever, based upon personal investigation, the code
172 enforcement officer has reasonable and probable grounds to believe that such a
173 violation has occurred. The citation form shall be prescribed by resolution of the board
174 of county commissioners and shall contain the following information:
175 a. The time and date of issuance.
176 b. The name and address of the person to whom the citation is issued.
177 C. The time and date of violation.
178 d. A brief description of the violation and the facts constituting reasonable cause.
179 e. The name of the code enforcement officer.
180 f. The procedure for the person to follow in order to:
181 1. Pay the civil penalty or contest the citation for violations; or
182 2. Appear before the contractors examining board to answer a summons.
183 (c) A citation for a repeat violation shall require appearance before the contractors examining
184 board. A repeat violation is a violation after the imposition of a fine or other disciplinary
185 action for another violation. A violation shall be considered a repeat violation:
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(1) Regardless of the chronological relationship of the acts underlying the various
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disciplinary actions; and
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(2) Regardless of whether the violations in the present and prior disciplinary actions are of
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the same or different provisions of this chapter.
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(3) Repeat violations of unlicensed activity may be referred to the state attorney's office for
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criminal prosecution by motion of the contractors examining board.
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(d) Any party receiving a monetary citation may appeal to the contractors examining board
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by filing a notice for appeal with the contractor license coordinator within ten days of a
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citation.
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(e) The contractors examining board may impose a fine and shall impose an administrative
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fee pursuant to the provisions of sections 6-201(d)(7) and 6-201(e)(3) or this section for
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any violations of this chapter upon a finding of violation. Upon a finding that such
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violation has occurred, the board shall deny the appeal, make a finding of violation and
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impose a fine in an amount not less than the amount listed in the citation and no more
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than the amount of the fine authorized under this chapter and shall assess an
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administrative fee. The board, at its discretion, may reduce the amount of the fine or
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civil penalty but not the administrative fee upon a finding of mitigating circumstances.
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(f) The act for which the citation is issued shall be ceased immediately upon receipt of the
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citation. The person charged with the violation in a monetary citation shall correct the
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violation and pay the fine in the manner indicated on the citation unless an appeal is
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filed by the person charged.
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(g) If the fine is not paid within the time period required on the citation or ordered by the
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board upon appeal, the board's secretary shall cause a notice of lien to be filed in the
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official records of the county. The lien shall run against any real or personal property
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the violator may own. The lien may be foreclosed in accordance with Florida Statutes.
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(h) Upon any final judgment foreclosing such lien, the court shall award to the county all
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costs as a result of this violation, including investigation costs, filing fees, court costs,
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and reasonable attorney's fees.
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(i) In addition to or in lieu of any other remedies provided in this section, the county may
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seek the imposition of injunctive relief and/or a civil penalty through the circuit court for
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any violation. The civil penalty shall be no less than $500.00 and no more than
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$5,000.00 for each offense. The court may award to the county all costs as a result of
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this violation, including investigation costs, filing fees, court costs, and reasonable
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attorney's fees.
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(j) This article constitutes the exclusive statement of the board's authority and jurisdiction,
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and does not confer any powers not specifically granted.
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224 SECTION 4. Severability
225 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged
226 by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate,
227 or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section,
228 paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which
229 such judgment or decree shall be rendered.
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231 SECTION 5. Conflictine Provisions
232 In the case of direct conflict between any provision of this ordinance, and a portion or provision of any
233 appropriate federal, state, or county law, rule, code or regulation, the more restrictive shall apply.
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235 SECTION 6. Filing
236 This Ordinance shall be filed with the Department of State.
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238 SECTION 7. Inclusion in the Monroe County Code.
239 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the
240 County of Monroe, Florida, as an amendment thereto, and shall be appropriately renumbered to
241 conform to the uniform marking system of the Code.
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243 SECTION 8. Effective Date.
244 This Ordinance shall become effective as provided by law.
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262 PASSED and ADOPTED at a regular meeting of the Board of County Commissioners of Monroe County,
263 Florida, at a regular meeting held on the 19th day of June, 2013.
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265 Mayor George Neugent
266 Mayor Pro Tem Heather Carruthers
267 Commissioner Danny Kolhage
268 Commissioner David Rice
269 Commissioner Sylvia Murphy
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(SEAL)
ATTEST: AMY HEAVILIN, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor George Neugent
AF
ROE COUNTY ATTORNEY
PROV 1S TO FORM
A. lyn
Date:
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