Item Q3 I�`�
County of Monroe
�y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
July 21, 2021
Agenda Item Number: Q.3
Agenda Item Summary #3454
ADDED 2:30 PM TIME APPROXIMATE
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
2:30 PM
AGENDA ITEM WORDING: Authorization for the County Attorney to seek an Attorney
General's Opinion to clarify the effect of House Bill 735's changes to F.S. 489.117 and F.S. 163.211
and the ability of the County to continue to issue local specialty contractor licenses and those
contractor's continued ability to pull building permits.
ITEM BACKGROUND: When Governor DeSantis signed House Bill 735 into law on June 29,
2021, that bill became Chapter 2021-214 Laws of Florida—hereinafter"the Act". The Act makes
changes to F.S. 489.117 (Registration; Specialty contractors), F.S. 489.1455 & F.S. 489.5335
(Journeyman, reciprocity, standards) and created F.S. 163.211. The language of the Act raises more
questions than answers. Of particular concern is the effective date of certain provisions the Act and
the County's ability to issue permits to hundreds of local specialty contractors doing work in Monroe
County.
The County Attorney is requesting the Board's authorization to seek an Attorney General's Opinion
(AGO) to clarify the Act and whether it is still lawful for the County to issue specialty contractor
licenses through July 1, 2023 or to cease issuing new licenses once those licenses expire later this
year. This issue is important because another statute F.S. 489.127(1)(f), which was left untouched
by the Act, makes licensure a requirement for a contractor to obtain building permits on behalf of
others. If the County is unable to issue or renew those licenses as of last week, then those
contractors can no longer pull permits on behalf of their customers once their licenses expire later
this year. Almost 400 locally licensed contractors are affected by this situation.
Requests for AGO's on behalf of the County Commission require approval of a majority of the
Board and should be accompanied by a resolution, minutes or transcript reflecting a vote to seek the
opinion. The Attorney General has the discretion to issue an opinion on her own timetable. She also
has the discretion to decline to issue an opinion. It costs nothing but staff time to request an AGO.
Another option is to file a declaratory judgment action in the Circuit Court for the 16th Judicial
Circuit. In short, this means filing a suit against the contractors and ask the Court to construe the
Act to resolve the uncertainty. This option would require drafting a lawsuit,paying a $400 filing fee
plus $2.50 for each named defendant, as well as service of process costs. It may be possible to name
just the Florida Keys Contractor's Association in lieu of naming each of the almost 400 specialty
contractors though a question remains about the association's representational capacity. Any
defendant named would be required to bear his or her own attorney's fees.
The declaratory judgment option is more expensive than seeking an AGO but would result in a more
definitive resolution. The final judgment would be binding upon the County whereas an AGO,
while persuasive, is not binding. It is impossible to predict which option will result in a quicker
resolution. Other local governments throughout the state may pursue similar relief via an AGO or a
declaratory judgment. If any litigation is pending,the Attorney General will decline to render an
opinion.
PREVIOUS RELEVANT BOCC ACTION: On 5/19/21, the BOCC directed staff to draft a veto
request letter regarding HB 735.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to seek an AGO.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: $0
Current Year Portion:
Budgeted: N/A
Source of Funds: N/A
CPI:
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount: N/A
Grant:
County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger Completed 07/06/2021 8:13 PM
Paunece Scull Completed 07/06/2021 8:53 PM
Purchasing Completed 07/07/2021 8:16 AM
Budget and Finance Completed 07/07/2021 10:09 AM
Maria Slavik Completed 07/07/2021 10:16 AM
Liz Yongue Completed 07/07/2021 10:40 AM
Board of County Commissioners Pending 07/21/2021 9:00 AM
Q.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
July 21, 2021
Agenda Item Number: Q.3
Agenda Item Summary #3454
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
No
AGENDA ITEM WORDING: Authorization for the County Attorney to seek an Attorney
General's Opinion to clarify the effect of House Bill 735's changes to F.S. 489.117 and F.S. 163.211
and the ability of the County to continue to issue local specialty contractor licenses and those
contractor's continued ability to pull building permits.
ITEM BACKGROUND: When Governor DeSantis signed House Bill 735 into law on June 29,
2021, that bill became Chapter 2021-214 Laws of Florida—hereinafter"the Act". The Act makes
changes to F.S. 489.117 (Registration; Specialty contractors), F.S. 489.1455 & F.S. 489.5335
(Journeyman, reciprocity, standards) and created F.S. 163.211. The language of the Act raises more
questions than answers. Of particular concern is the effective date of certain provisions the Act and
the County's ability to issue permits to hundreds of local specialty contractors doing work in Monroe
County.
The County Attorney is requesting the Board's authorization to seek an Attorney General's Opinion
(AGO) to clarify the Act and whether it is still lawful for the County to issue specialty contractor
licenses through July 1, 2023 or to cease issuing new licenses once those licenses expire later this
year. This issue is important because another statute F.S. 489.127(1)(f), which was left untouched
by the Act, makes licensure a requirement for a contractor to obtain building permits on behalf of
others. If the County is unable to issue or renew those licenses as of last week, then those
contractors can no longer pull permits on behalf of their customers once their licenses expire later
this year. Almost 400 locally licensed contractors are affected by this situation.
Requests for AGO's on behalf of the County Commission require approval of a majority of the
Board and should be accompanied by a resolution, minutes or transcript reflecting a vote to seek the
opinion. The Attorney General has the discretion to issue an opinion on her own timetable. She also
has the discretion to decline to issue an opinion. It costs nothing but staff time to request an AGO.
Another option is to file a declaratory judgment action in the Circuit Court for the 16th Judicial
Circuit. In short, this means filing a suit against the contractors and ask the Court to construe the
Act to resolve the uncertainty. This option would require drafting a lawsuit,paying a $400 filing fee
Packet Pg. 2759
Q.3
plus $2.50 for each named defendant, as well as service of process costs. It may be possible to name
just the Florida Keys Contractor's Association in lieu of naming each of the almost 400 specialty
contractors though a question remains about the association's representational capacity. Any
defendant named would be required to bear his or her own attorney's fees.
The declaratory judgment option is more expensive than seeking an AGO but would result in a more
definitive resolution. The final judgment would be binding upon the County whereas an AGO,
while persuasive, is not binding. It is impossible to predict which option will result in a quicker
resolution. Other local governments throughout the state may pursue similar relief via an AGO or a
declaratory judgment. If any litigation is pending, the Attorney General will decline to render an
opinion.
PREVIOUS RELEVANT BOCC ACTION: On 5/19/21, the BOCC directed staff to draft a veto
request letter regarding HB 735.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to seek an AGO.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: $0
Current Year Portion:
Budgeted: N/A
Source of Funds: N/A
CPI:
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount: N/A
Grant:
County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
Packet Pg. 2760
Q.3
REVIEWED BY:
Bob Shillinger Completed 07/06/2021 8:13 PM
Paunece Scull Completed 07/06/2021 8:53 PM
Purchasing Completed 07/07/2021 8:16 AM
Budget and Finance Completed 07/07/2021 10:09 AM
Maria Slavik Completed 07/07/2021 10:16 AM
Liz Yongue Completed 07/07/2021 10:40 AM
Board of County Commissioners Pending 07/21/2021 9:00 AM
Packet Pg. 2761