Item V6
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
June 18, 2003
Division
County Attorney
AGENDA ITEM WORDING
Public hearing of an ordinance amending Sec. 6-90, MCC, Powers and Duties
of the Contractors Examining Board, in order to enhance fines for aiding and
abetting unlicensed activities and amending the assessment of administrative
fees.
ITEM BACKGROUND
This clarifies authority of CEB to fine property owners and locally licensed contractors for
aiding and abetting unlicensed work. It also allows high fines for repeat violations to act as
a deterrent. Many repeat violators have exhibited an attitude that since consequences are
negligible, there is no incentive to abide by the law.
PREVIOUS RELEVANT BOCC ACTION
See above.
CONTRACT/AGREEMENTCHANGES
N/A
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
COST TO COUNTY
BUDGETED Yes No
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVA~~
J.. U
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
vi
Contractors Examining Board
ORDINANCE NO.
- 2003
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SEC. 6-90, MONROE
COUNTY CODE, POWERS AND DUTIES, TO PROVIDE FOR THE
IMPOSITION OF ENHANCED FINES FOR AIDING AND ABETTING
UNLICENSED ACTIVITIES, AMENDING THE ASSESSMENT OF
ADMINISTRATIVE FEES AND RENUMBERING OF SUBSECTIONS;
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, the Contractors Examining Board for Monroe County has observed that
there are numerous violations ongoing and being repeated of aiding and abetting
unlicensed activities; and
WHEREAS, it is desired to enhance the penalties for such activities to deter
construction by unlicensed contractors, unlicensed contractors who are not appropriately
insured and may be performing unpermitted and unsafe work; and
WHEREAS, it is necessary to clarify provisions regarding the imposition of
administrative fines; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Section 6-90(b)(2)(g), Fine Schedule, is hereby renumbered to 6-90(c)
and amended as follows:
6-90( c) The applicable civil penalty if the person elects not to contest
the citation, which penalty shall be pursuant to the following schedules:
Fine Schedule:
First
Violation
Second
(Repeat)
Violation
Third & Subseauent
(Repeat)
Violation
Unlicensed Activity
Aidina and Abetting
All Other Violations
$500
$500
$150
$1000 & Referral
$1000
$250
$1000 & Referral
$1000
$500
Repeat violations of unlicensed activity shall be referred to the state's
attorney for criminal prosecution. All ~dditionQI rcpc~t violations
subsequent to the third violation shall be heard by the Contractors
Examining Board under the disciplinary hearing provisions of this article. A
repeat violation is any violation on which a fine has been issued or
disciplinary action has been taken where the s~mc contr~ctor person had
previously had disciplinary action taken against him or received a letter of
reprimand in a prior case; and said definition is to apply (i) regardless of
the chronological relationship of the acts underlying the various disciplinary
actions, and (ii) regardless of whether the violations in the present and
prior disciplinary actions are of the same or different provisions of this
chapter.
The fine shall be paid to the clerk for the county commission. An
administrative fee for costs incurred sfl.aH may be assessed in the
amount of the greater of ten (10) percent of the fine or one hundred
dollars ($100.00). Monies collected pursuant to this section shall be
used to support administrative costs and future enforcement
activities against unlicensed contractors.
Section 2. Section 6-90(b)(6), is hereby amended as follows:
6-90(e) The Contractors Examining Board may impose an administrative
fine. pursuant to the provisions of Sec. 6-68(d)(5) or this section for any
violations of this chapter by the Contractors Examining Board and in the
amounts stated in the Fine Schedule in this section for the acts prohibited in
paragraph (1) and (2) upon a finding of violation when a citation is
contested. Pursuant to this paragraph, the board shall conduct a probable
cause hearing as to the alleged violation. Upon a finding that probable
cause to believe such violation has occurred, the board shall deny the
appeal and impose a civil penalty in an amount no less than one hundred
dollars ($100.00) and no more than the amount of fine possible under this
chapter dcsign;)ted in the above schedule and may assess costs of the
proceedings, including but not limited to costs of personnel, equipment and
supplies necessary to process the appeal, not to exceed five hundred dollars
($500.00) in addition to the civil penalty imposed pursuant to paragraph
t4ffi. (e) of this section or section 6-68(5) or the reduced amount pursuant
to this paragraph, if the board has found mitigating circumstances exist.
.
Section 3. Additional renumbering of Section 6-90 shall be as follows:
Sec. 6-90(b)(5) shall be 6-90(d)
Sec. 6-90(b)(6) shall be 6-90(e)
Sec. 6-90(b )(7) shall be 6-90(f)
Sec. 6-90(b )(8) shall be 6-90(g)
Sec. 6-90(b)(9) shall be 6-90(h)
Sec. 6-90(b)(10) shall be 6-90(i)
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 , 2003
Mayor Spehar
Mayor Pro Tem Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor /Cha i rperson
JdordCEBpower
BY. ZAN~J.~' HUTTON
DP- 5;'l'tJ3