Item O6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
February 13, 2002
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval to advertise an ordinance amending sec. 6-66(7), Monroe County Code, in
order to include in mismanagement or misconduct such activity as causes financial harm
to subcontractors and defining material diversion from specifications and plans.
ITEM BACKGROUND:
To clarify that financial harm to contractors includes financial harm to subcontractors and
to provide a definition for material diversion from specifications.
PREVIOUS RELEVANT BOCC ACTION:
Adoption of Ordinance No. 25-2000 to conform code language to statute; adoption of
Ordinance No. 12-2001 to extend the prohibition against misconduct by which a
customer is financially harmed to include financial harm to other contractors.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval to advertise for public hearing in MARATHON on MARCH 20, 2002.
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney - OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL~ ~ P,
JA T. NDRICK
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
/-CJ!
Contractors Examining Board
ORDINANCE NO.
- 2002
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING seC. 6-66(7), MONROE COUNTY CODE, IN
ORDER TO INClUDE IN MISMANAGEMENT OR MISCONDUCT SUCH ACTIVITY AS
CAUseS FINANCIAL HARM TO SUBCONTRACTORS AND DEFINING MATERIAL
DIVERSION FROM SPECIFICATIONS AND PLANS; PROVIDING FOR
seVERABIUTY; 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 COUNlY COMMISSIONERS OF MONROE COUNlY,
FLORIDA:
Section 1. Section 6-66(7), MCC is hereby amended by adding the following:
(7) Commit mismanagement or misconduct in the practice of contracting that causes
financial harm to a customer. Financial mismanagement or misconduct occurs when:
(a) Valid liens have been recorded against 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 supplies 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 percentage of
completion is less than the percentage 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 job is abandoned; or
(c) The contractor's job has been completed, and it is shown that the
customer has had to pay more for the contracted job than the original contract price, as
adjusted for subsequent change 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 permitted by the terms of the contract
between the contractor and the customer; or.
Cd) The contractor's iob has been abandoned. or completed and the contractor
has been paid in full. and it is shown that a subcontractor on the iob has not been paid in
full.
Section 2.
Section 6-66(4), MCC is hereby amended by adding the following:
(4) To depart from or disregard in any material respect the plans or specifications of
a construction job without the consent of the owner or his duly authorized representative.
Material diversion from specifications or plans means such construction which is not in
conformity to the plans and specifications of a construction job and which would. if the
customer were the purchaser of a completed house. commercial buildil1Q. or other
structure. affect the customer's willirlQness to purchase the structure and which would be
a basis for reasonable parties to decrease the purchase price.
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
2002.
Mayor Charles McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent'
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
JdordCEB02
DATE