Item G15BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 19, 2013
Bulk Item:
Yes ® No ❑
Division: Growth Management
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, Sections 6-240(a); 6-240(b) and 6-242 clarifying the powers and
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.
ITEM BACKGROUND:
The proposed amendment has been necessitated by the increased number of delinquent renewal
payments for local contractor licenses. The Contractors' Examining Board (CEB) has decided to
transfer the responsibility of whether or not to allow renewal of contractor licenses from Monroe County
Staff to the CEB after submission of an application, the required fee, and hearing from the local
contractor. At its September 12, 2012 meeting, 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. At its March 12, 2013 meeting,
the CEB requested text amendments to Sections 6-240(a) and 6-240(b) 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-payment; and to provide a 30-day grace period for the
late payment of renewal fees with an additional late payment fee. At its April 9, 2013 meeting, the CEB
approved the text amendments reflected in the proposed ordinance and recommended consideration and
adoption by the Board of County Commissioners.
PREVIOUS RELEVANT BOCC ACTION:
On October 19, 2011, the Board of County Commissioners adopted Ordinance 20-2011 amending
Section 6-240(a) and 6-240(b).
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ N/A INDIRECT COST: $ BUDGETED: Yes ❑ No ❑
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $ SOURCE OF FUNDS: $
REVENUE PRODUCING: Yes ❑ No ❑
APPROVED BY: County Attorney:
DOCUMENTATION: Included: ❑
DISPOSITION:
AMOUNT PER MONTH Year
OMB/Purchasing: ❑ Risk Management: ❑
Not Required: ❑
AGENDA ITEM #:
Revised 7/09
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -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.
26
27 WHEREAS, the Contractors' Examining Board (CEB) is the local construction regulation board
28 for Monroe County authorized by Florida Statutes Chapter 489 to regulate local contractors; and
29
30 WHEREAS, at the September 12, 2012 meeting of the CEB, the CEB requested text amendments
31 to Section 6-242 of the Monroe County Code to further clarify the CEB's powers and duties regarding
32 license renewals and reinstatement of lapsed Certificates of Competency issued by the CEB; and
33
34 WHEREAS, at the March 12, 2013 meeting of the CEB, the CEB requested text amendments to
35 Section 6-240 of the Monroe County Code to clarify the definition of an expired Certificate of
36 Competency; to clarify the status of a Certificate of Competency that is inactive or has lapsed for non -
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37 payment; and to provide a 30-day grace period for the late payment of renewal fees with a penalty;
38 and
39
40 WHEREAS, at the April 9, 2013 meeting of the CEB, the CEB approved the following text
41 amendments and recommended that the following amendments be forwarded to the Board of County
42 Commissioners for consideration and adoption.
43
44 NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
45 COUNTY, FLORIDA:
46
47 [Proposed text changes are presented in stFiket#Fedgh to indicate deletions and underline to
48 indicate additions]
49
50 SECTION 1. Section 6-240(a) and 6-240(b) of the Monroe County Code is amended to read as follows:
51
52 Sec. 6-240. - Fees
53
54 (a) The Board shall recommend to the Board of County Commissioners reasonable fees to be
55 paid for application, examination, certification and renewal, and record making and
56 recordkeeping. The fees shall be established as follows:
57
58 General Contractor.................................................................................................... $200.00
59 Building Contractor.................................................................................................... $150.00
60 Residential Contractor............................................................................................... $150.00
61 Engineering Contractor I............................................................................................ $200.00
62 Engineering Contractor II........................................................................................... $150.00
63 Engineering Contractor III.......................................................................................... $150.00
64 Mechanical, Plumbing and Electrical Contractors..................................................... $150.00
65 All other Contractors, including Specialty Contractors .............................................. $150.00
66 Master (Plumbing, Electrical and Mechanical).......................................................... $100.00
67 Journeyman (Plumbing, Electrical and Mechanical).................................................... $70.00
68 Apprentice.................................................................................................................... $30.00
69 Examination Fees....................................................................................................................
70 Business and Law Exam.............................................................................................. $100.00
71 All Hour Technical Exams........................................................................................... $155.00
72 Renewal Reinstatement Request Application .................................................. $200.00
73
74 (b) The renewal fees shall cover two years, and the Certificate of Competency shall be issued
75 for two years. The renewal fees shall be due on October 1 of each odd -numbered year and the
76 Certificate of Competency shall be delinque^+ expire on November 1 of that same year for non -
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77 payment. The penalty fGF late renewal of an expired Certificate of Competency shall be allowed
78 on or after November 1 of each odd -numbered year, but prior to the expiFa}*^^ of "` days
79 +hsncTcvfse� December 1 of that same year with a penalty. `hall be equal to ^"^ half of the
80 Fenewal-fee; theRNA^F + The penalty shall be equal to the renewal fee. If renewal of the
81 Certificate of Competency has not occurred prior to December 1 of each odd -numbered year,
82 then the Certificate of Competency shall not be renewed or reinstated unless the holder of the
83 Certificate of Competency files an application and pays the fee to the Monroe County Building
84 Department within two (2) years of the November 1 expiration date and shows good cause to
85 the Contractors' Examining Board for justification of renewal at a meeting of the Contractors'
86 Examining Board by vote of its members. The Contractors' Examining Board may take any
87 action authorized in Section 6-242.
88
89 (1) A license shall not be renewed if there are any unpaid fines or administrative fees
90 including license fees permit fees, fines and/or administrative fees issued by the
91 Contractors' Examining Board and/or citation issued by the Department of Code
92 Compliance.
93
94 (2) The holder of the Certificate of Competency is responsible to notify the Monroe
95 County Building Department in writing of any and all changes of mailing address. The
96 Monroe County Building Department shall provide the renewal notice to the last known
97 mailing address of the holder of the Certificate of Competency.
98
99 (3) For the purposes of this chapter, a person or business organization operating as a
100 business or acting in the capacity of a contractor with an inactive or expired license is
101 unlicensed.
102
103
104
105 SECTION 2. Section 6-242 of the Monroe County Code is hereby amended to read as follows:
106
107 Sec. 6-242. - Rp_^ . m_@n._+iAM %uhaff.+ .egU:Fed fQF Requests for renewal or reinstatement.
108
109 (a) WheFe When the holder of a Certificate of Competency that has been revoked or #gas
110 ^.�^a OF lapsed suspended for any reason, or expired for non-payment after the time
111 prescribed in Section 6-240 wishes to renew or reinstate the Certificate of Competency, the
112 holder of the Certificate of Competency shall file an application and pay the fee to the Building
113 Department within two years of the expiration date or revocation date or suspension date and
114 show good cause to the Contractors' Examining Board for justification of renewal at a meeting
115 of the Contractors Examining Board by vote of its members. tThe Contractors' Examining Board
116 may:
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117
118 (1) May F Require complete reexamination before a Certificate of Competency is
119 renewed or reinstated; and/or
120
121 (2) Require a payment up to all missed renewal and penalty fees; or RegUiFe a fee ^f
122 Cron nn G f equal + f l f the .•t•ficate, he lde,Fle akie...i
Y 1 ■f DI IcIIC ��OI ICC.�7111 Clle GeI CIIIGyic llylycl�-�
124
125 (3) Deny the request for renewal or reinstatement. ° •Re the apple ant if Ave "e"`
126 have passed fF a lapsed e•e nificate of ee+mpete
127
128 (b) Wtea A Certificate of Competency that has expired and is no longer issued f9F a tFade
129
130 ,
Fevoke
131 lapsed eenifiente by Monroe County may not be renewed or reinstated unless the holder
132 of the Certificate of Competency files an application and pays the fee with the Building
133 Department within two years of the expiration date and shows good cause to the
134 Contractors' Examining Board for iustification of renewal or reinstatement at a meeting of
135 the Contractors' Examining Board by vote of its members. The provisions listed in Section
136 6-242(a)(1), (2) and (3) shall apply.
137
138 SECTION 3. Severability
139 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged
140 by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate,
141 or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section,
142 paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which
143 such judgment or decree shall be rendered.
144
145 SECTION 4. Conflicting Provisions
146 In the case of direct conflict between any provision of this ordinance, and a portion or provision of any
147 appropriate federal, state, or county law, rule, code or regulation, the more restrictive shall apply.
148
149 SECTION 5. Filing
150 This Ordinance shall be filed with the Department of State and shall be effective as provided in Chapter
151 125.66(2) Florida Statutes.
152
153 SECTION 6 Inclusion in the Monroe County Code.
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154 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the
155 County of Monroe, Florida, as an amendment thereto, and shall be appropriately renumbered to
156 conform to the uniform marking system of the Code.
157
158 SECTION 7. Effective Date.
159 This Ordinance shall become effective as provided by law and stated above.
160
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PASSED and ADOPTED at a regular meeting of the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19th day of June, 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor George Neugent
ONpR R CO Y ATTOR EY
VE
Date:
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