Item T07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 16, 2004
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise an ordinance amending or deleting various sections of the
Monroe County Code which are now obsolete or superseded by statute or
subsequent ordinances.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval to advertise for ONE PUBLIC HEARING on July 14, 2004 in Key West.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
Revenue Producing:
Amount Per Month - Year
APPROVED BY: County Atty YES OMS/Purchasing N/ A Risk Management N/ A
DIVISION DIRECTOR APPROVAL: ~ oL12 ~ ~ ()6J,;zlov
J. R. COLLINS
DOCUMENTATION:
Included
x
To Follow
Not Required
AGENDA ITEM #
T'7
ORDINANCE NO.
- 2004
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CORRECTING MONROE COUNTY CODE
OF ORDINANCES REFERING TO REPEALED STATUTES AND COUNTY
ORDINANCES; REPEALING ORDINANCES OR PORTIONS THEREOF
THAT HAVE BECOME OBSOLETE OR SUPERSEDED BY STATUTE OR
MORE SUBSEQUENTLY ADOPTED ORDINANCES; PROVIDING THAT
THE REPEAL OF ANY ORDINANCE OR PORTION THEREOF SHALL NOT
REVIVE ANY EARLIER ORDINANCE; PROVIDING THAT THE REPEAL OF
ANY ORDINANCE OR PORTION THEREOF SHALL NOT AFFECT ANY FEE
OR PENALTY DUE ON THE EFFECTIVE DATE OF REPEAL AND SHALL
NOT AFFECT THE VALIDITY OF ANY BONDS OUTSTANDING ON THE
DATE OF REPEAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, numerous Monroe County Code of Ordinance provisions have over the
years, become outdated, obsolete, in conflict with more recently adopted ordinances or
superseded by state law; and
WHEREAS, it is desired to update the Monroe County Code of Ordinances to correct
the above described deficiencies; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 1 - 7(b), MCC, is hereby amended to read:
(b) Funds paid to the county from civil penalties assessed by the county
court pursuant to chapter 318, Florida Statutes, and received by the county
pursuant to section 318.21(3)(c) 318.21(3)(b) Florida Statutes, may be used
for funding local criminal justice training progr~ms as provided in section
943.25(7) 938.15, Florida Statutes when such a program has been established
by an ordinance of the Board of County Commissioners. to fund a County
school guard training program. and for any other lawful ourpose. Funds
received by the county in accordance with this subsection shall be disbursed
upon requisition of the sheriff of Monroe County. All funds ~ccrucd sincc
October 1, 1986, sh~1I be ~v~i1~ble for requisition by the sheriff.
Section 2. Sees. 2-16 - 2-20, MCC, concerning the 1973 and 1991 County
Commission districts, are hereby repealed.
Section 3. Sec. 2-21, MCC, is hereby created to read:
Sec. 2-21. County Commissioner districts.
The boundaries of the districts of the County Commissioners shall be
fixed as provided in Chapter 124. F.S.. and as orovided by anv other
applicable provision of state or federal law.
Section 4. Sec. 2-527(d), MCC, is hereby amended to read:
Sec. 2-527( d)
(d) Officer or county officer means those persons defined in F:-5. sSection
112.314S(~)(3) 112.3145(1)(a) Florida Statutes; elected members of the
County Commission ~nd ~n'( person ~ppointed to fill ~ v~c~nc,;, for ~n
unexpired term of such; ~ny person ~ppointed to ~ county bo~rd, commission,
~uthorit,;" excluding independent speci~1 districts; or ~dvisory bodies, serving
under the County Commission. Any other appointed member of a local
government board who is reauired to file a statement of financial interest by
the appointing authority or the enabling legislation. ordinance. or resolution
creating the board. and any member of an advisory body appointed by and
serving under the County Commission.
Section 5. Sec. 2-533, MCC, is hereby amended to read:
Sec. 2-533. Same - Procurement of goods, services.
W Any county officer or employee who violates Monroe County Code
sSection 2-529 of this ~rticle shall be prosecuted in the same manner as
misdemeanors are prosecuted and, upon conviction, shall be punished by a
fine not to exceed five hundred dollars ($500.00) or by imprisonment in the
county jail not to exceed sixty (60) days, or by both such fine and
imprisonment.
ill Any county officer appointed to a board, commission or authority who
violates Monroe County Code sSection -3 2-529 of this ~rticlc may additionally
be removed from office for cause.
!Q Any county officer enumerated in F.S. section 112.314S(a)(3)
112.3145(1)(a), who is not subject to career service under chapter 2, article
III, Monroe County Code, and chapter 69-1321, Laws of Florida, and who
violates section 2-529 of this article may also be ~ddition~lIy discharged for
cause.
@ Any county officer subject to career service or an employee who violates
section 2-529 of this article shall have violated the standard of employment
set forth in section 2 142(12) ~~onroe County Code the County's Personnel
Policies, and may additionally be subject to disciplinary action under ch~pter 2
[~rticle III] division 9, ~~onroe County Code, up to and including discharge.
Uti A conviction in county court shall not be a condition precedent to
removal from office, discharge or discipline.
Section 6. Sec. 2-10(c), MCC, is hereby amended to read:
Declared County Purpose. It is hereby declared that all such
expenditures when made shall be for a valid county and public purpose within
the meaning of article VII, section 9 10 of the Florida Constitution of 1968.
2
Section 7. Secs. 2-15-16 - 15-19, MCC, creating the 18 member advisory body
titled the "Monroe County Pollution Board," are hereby repealed.
Section 8. Sec. 2-15.2(b)(2), MCC, the 3rd paragraph, concerning posting notice on
abandoned property, is amended to read:
Such notice shall be not less than eight (8) inches by ten (10) inches and shall
be sufficiently weatherproof to withstand normal exposure to the elements. In
addition to posting, the enforcement officer shall make a reasonable effort to
ascertain the name and address of the owner. If such is reasonably available to the
officer, he shall mail a copy of such notice to the owner on or before the date of
posting. If the property is a motor vehicle as defined in section 320.01(1), Florida
Statutes, or a vessel as defined in section 327.02(27) 327.02(37), Florida Statutes,
the enforcement agency involved shall contact the dcp~rtmcnt of highwoy s~fcty ~nd
motor vchiclc or the dep~rtment of n~tur~1 resources Department of Highway Safety
and Motor Vehicles or the Florida Fish and Wildlife Commission respectively, in order
to determine the name and address of the owner and any person who has filed a lien
on the vehicle or vessel as provided in section 319.27(2) or (3), Florida Statutes, or
section 328.15(1), Florida Statutes. On receipt of this information, the enforcement
agency shall mail a copy of the notice by certified mail, return receipt requested, to
the owner and to the lienholder, if any. If, at the end of five (5) days after posting
the notice and mailing such notice, if required, the owner or any person interested in
the lost or abandoned article or articles described has not removed the article or
articles from public property or shown reasonable cause for failure to do so, the
following shall apply: .
Section 9. Sec. 2-7, MCC, concerning certain fees that are no longer collected by
the Sheriff, is hereby repealed.
Section 10. Sec. 2-15.6, MCC, concerning employee awards which has been
superseded by Sec. 2.8, MCC, is hereby repealed.
Section 11. Sec. 2-476(e), MCC, concerning investments of surplus funds which is
predicated on a repealed statue (former Sec. 125.31, FS), is hereby repealed. Sec. 2-
476(d), MCC, is hereby renumbered as Sec. 2-476(c), MCC, and Sec. 2-476(e), MCC, is
hereby renumbered as Sec. 2-476(d), MCC.
Section 12. Sec. 2-298B, MCC, is hereby amended to read:
Pursuant to section 125.0104, Florida Statutes, the Monroe County Tax
Collector shall keep records showing the amount of taxes collected. These records
shall be open to the public during the regular office hours of the Monroe County Tax
Collector ~s pro'/ided in section 213.072, Florid~ St~tutes.
Section 13. Subsections 2-298(F)(1) and (2), MCC, are hereby amended to read:
(1) For the purposes of enforcing the collection of the tax levied by this article, the
clerk is hereby specifically authorized and empowered to examine at all reasonable
hours the books, records and other documents of all dealers, or other persons
charged with the duty to report or pay a tax under this article in order to determine
whether they are collecting the tax or otherwise complying with this article.
3
In the event such dealer refuses to permit such examination of its books,
records or other documents by the clerk as aforesaid, it is guilty of a misdemeanor of
the first degree, punishable as provided in section 775.082, or section 775.083 Of
section 775.084, Florida Statutes. The clerk shall have the right to proceed in circuit
court to seek a mandatory injunction or other appropriate remedy to enforce its right
against the offender, as granted by this section, to require an examination of the
books and records of such dealer.
(2) Each dealer, as defined in this article, shall secure, maintain and keep for a
period of three (3) years a complete record of rooms or other lodging, leased or
rented by said dealer, together with gross receipts from such sales, and other
pertinent records and papers as may be required by the Monroe County Tax Collector
for the reasonable administration of this article and all such records which are
located or maintained in this state shall be open for inspection by the clerk at all
reasonable hours at such dealer's place of business located in the county.
Any dealer who maintains such books and records at a pint outside Monroe
County must make such books and records available for inspection by the Clerk in
Monroe County, Florida. Any dealer subject to the provisions of this article who
violates these provisions is guilty of a misdemeanor of the first degree, punishable as
provided in section 775.082, or section 775.083, or section 775.084, Florida
Statutes.
Section 14. Sec. 2-301(A), MCC, is hereby amended to read:
(A) Any person who is taxable hereunder who fails or refuses to charge and collect
from the person paying any rental or lease the taxes herein provided, either by
himself or through his agents or employees, shall be, in addition to being personally
liable for the payment of the tax, guilty of a misdemeanor of the second degree,
punishable as provided in section 775.082 or section 775.083 or section 775.084,
Florida Statutes.
Section 15. Sec. 2-571(h) and (i), MCC, are hereby amended to read:
(h) Any person who is taxable hereunder who fails or refuses to charge and collect
from the person paying the taxable privilege the tax herein provided, either by
himself or through his agents or employees, is, in addition to being personally liable
for the payment of the tax, guilty of a misdemeanor of the second degree,
punishable as provided in section 775.082 or section 775.083 and section 775.084,
Florida Statutes.
(i) No person shall advertise or hold out to the public in any manner,
directly or indirectly, that he will absorb all or part of the tax, that he will relieve the
person paying for the taxable privilege of the payment of all or any part of the tax,
or that the tax will not be added to the consideration for the taxable privilege or,
when added, that it or any part thereof will be refunded or refused, either directly or
indirectly, by any method whatsoever. Any person who willfully violates any
provision of this subsection is guilty of a misdemeanor of the second degree,
punishable as provided in section 775.082 or section 775.083 ;lnd section 775.084,
Florida Statutes.
Section 16. Sec. 2.5-1(1) MCC, is hereby amended to read:
4
(1) Effective January 1, 1990, every person, firm or corporation possession a
saltwater products license from the state dep~rtment of n<ltur<ll resources of Florida
and having applied and qualified under section 9.5-255, Monroe County Code
(Commercial Fishing Residential) is required to have a county residential occupation
license.
Section 17. Sec. 12.5-2, MCC, is hereby amended to read:
The issuance of the license and the disposition of the revenues so collected, and the
revocation of the license shall be in the same manner as set forth in the following
sections of the ~4onroe County Code Chapter 12.1. Monroe County Code.
(~) Section 12 4, ~4onroe County Code;
(b) Section 12 5, ~4onroe County Code;
(c) Scction 12 6, ~40nroe County Code;
(d) Section 12 9, ~4onroe County Code;
(e) Section 12 10, ~4onroe County Code;
(f) Section 12 53, ~4onroe County Code;
Section 18. Sec. 5-1 Magazine, MCC, is hereby amended to read:
Magazine: Any building, "day box" or structure approved in conformance with BATF
Specifications (27 CFR 55.209) for the storage of explosives and/or explosive
materials, but excluding "day magazines" used exclusively for the transportation of
explosives from magazines to drill rigs. The latter are not herein regulated.
Section 19. Subsection 8-111(a)(2), MCC, is hereby amended to read:
(2) Any element, compound, mixture, solution, or substance designated pursuant
to section 42 USCA 9602 of this titlc;
Section 20. Subsections 8-113(c) and (d), MCC, are hereby amended to read:
(c) if the county receives EPA reimbursement for the temporary emergency
response, the County Administrator and clerk are directed to retain all county
records pertaining to that reimbursement for a period of ten (10) years from the
date of the receipt of the reimbursement. Upon the expiration of the ten (10) years,
the records shall not be disposed of until the EPA is contacted pursuant to 40 CFR
310.70 federal law.
(d) 40 CFR 310.50 Federal law only allows for one application for reimbursement
regardless of the number of local governments which incurred costs in the temporary
emergency response release of hazardous substances, pollutants or contaminants.
Therefore, if the county and another local government (e.g. the City of Key West) join in a
temporary emergency response, the county administrator is authorized to represent the
county in any negotiation with the other local government(s) with regard to which entity
shall file the EPA application and the equitable division of any reimbursement received from
the EPA. The County Commission shall, however, approve any agreement reached by the
county administrator before such shall become binding on the county.
Section 21. Subsection 13-57(b), MCC, is hereby amended to read:
5
(b) Penalties and enforcement. A violation of this article shall be punishable as a
second degree misdemeanor and by a fine of up to five hundred dollars ($500.00) per day,
per violation and/or by imprisonment in the county jail for not more than sixty (60) days.
Violators of this article may be prosecuted in county court in the name of the state by the
State Attorney through citation or information. Code enforcement may also enforce the
terms of this article by bringing the case before a special master pursuant to Code section
6.3--14 .4 or by citation under Code section 6.3--1-1 12, F.S.~ 162.21 (as may be amended),
and 76-435 Laws of Florida (as may be amended). If a code enforcement citation is issued,
the fine shall be two hundred fifty dollars ($250.00) for a first offense and five hundred
dollars ($500.00) for subsequent offenses. In addition, the occupational license issued for
a commercial entity may be revoked by the special master of court of competent
jurisdiction upon a finding of two (2) or more violations of this article by the same entity.
Section 22. Sec. 13-6, MCC, having been superseded by Sec. 386.209, FS, is
hereby repealed.
Section 23. Sec. 13-131, MCC, is hereby amended to read:
Sec. 13-131. Definitions.
(a) Deviate sexual intercourse has the meaning set forth in Florida Statutes,
section 847.001f27 ill.
(b) Nudity has the meaning set forth in Florida Statutes, section 847.001f5] m.
(c) Person includes individuals, firms, associations, corporations, a"nd all other
groups and combinations.
(d) Obscene means the status of material which:
(1) The average person, applying contemporary community standards, would find,
taken as a whole, appeals to the prurient interest;
(2) Depicts or describes, in a patently offensive way, sexual conduct as specifically
defined in subsections (a), (b) and (e) through (j) of this article; and
(3) Taken as a whole, lacks serious literary, artistic, political, or scientific value.
(e) Sadomasochistic abuse has the meaning set forth in Florida Statutes, section
847.001f81 !.!J1.
(f) Sexual battery has the meaning set forth in Florida Statutes, section
847.001t9t ll.41.
(g) Sexual bestiality has the meaning set forth in Florida Statutes, section
847.001 flG7 !l.S.1.
(h) Sexual conduct has the meaning set forth in Florida Statutes, section
847.001 fH-1 .LlQ1.
(i) Sexual excitement has the meaning set forth in Florida Statutes, section
847.001fR7 ill1.
(j) Simulated sexual means the depiction of the conduct described in subsection
(h) which creates the appearance of such conduct and which exhibits nudity.
Section 24. Sec. 13-3, MCC, having been preempted by Sec. 790.33, FS, is hereby
repealed.
Section 25. Sec. 11-2(a), MCC, is hereby amended to read:
6
(a) A fine of two hundred fifty dollars ($250.00) is hereby imposed for violations
involving illegal parking in parking spaces designated under Florida Statutes
section 316.1955 and Florida Statutes section 316.1956 316.1957 for disabled
persons. A law enforcement officer or parking enforcement specialist who
discovers a vehicle parked in violation of this subsection may issue a ticket, in
the form used by the county for parking violations, to the driver or, if the
vehicle is unattended, attach the ticket to the vehicle in a conspicuous place.
The liability for payment of the parking ticket is pursuant to FS 9 316.1967.
Section 26. Sec. 11-5, MCC, having been superseded by Sec. 11-11, MCC, is hereby
repealed.
Section 27. The subject matter of Sec. 2.1-3, MCC, possession of open containers of
alcoholic beverages in vehicles, is covered by Sec. 316.1936, FS. Therefore Sec. 2.1-3,
MCC, is hereby repealed.
Section 28. Sec. 13-10(a)(2), MCC, is hereby amended to read:
(2) Any person who refuses to submit to a sound level test when requested to do
so by an law enforcement office is guilty of a misdemeanor of the second degree,
punishable as provided in Florida Statutes section 775.082, section 775.083 or section
775.084.
Section 29. Sec. 16-21, MCC, is hereby amended to read:
Sec. 16.21. Definitions.
As used in this article, the following terms shall be defined as set forth hereinafter:
(1) Arterial road shall be deemed to mean a road carrying a higher volume of
traffic than a local or collector road, which is used primarily for traffic traveling a
considerable distance and as otherwise defined in section 334.03fl51 !11. Florida
Statutes. An arterial road is generally continuous and is used as a main traffic
artery.
(2) Collector road shall be deemed to mean a road which carries traffic from local
roads to major thoroughfares and includes the principal entrance roads of a
residential subdivision and as otherwise defined in section 334.03fl61, ill, Florida
Statutes.
(3) County road system shall be as defined in sections 336.01 and 334.03R31
fID., Florida Statutes.
(4) Governmental or subgovernmental agencies shall be deemed to mean the
State of Florida and its various agencies and departments, the United States of
America and its various agencies and departments, political subdivisions of the State
of Florida, including counties, incorporated municipalities of the State of Florida,
drainage districts, and such taxing districts and special agencies and bodies as are
created by county ordinances, Florida statute or by special act of the legislature, and
as otherwise defined in section 334.03f3t-!.l21, Florida Statutes.
7
(5) Local road shall be deemed to mean a road designed and maintained primarily
to provide access to abutting property, and as otherwise defined in section
334.03f1-7t !.lSl, Florida Statutes. A local road is of limited continuity and not for
through traffic.
(6) Permit shall be deemed to mean the written permission of the Board of County
Commissioners through the office of the county public works director to enter onto
the public rights-of-way within the county road system to perform the construction
or installation as specified in that instrument.
(7) Permittee shall be deemed to mean any individual, firm, association,
syndicate, copartnership, corporation, trust or any other legal unit
commencing proceedings under this article or obtaining a permit as provided
herein to effect construction within the public rights-of-way of the county.
(8) Public rights-of-way means land that is dedicated or deeded to (or is now used
or will be used by) the county as a road, street, alley, walkway, drainage
facility, access for ingress and egress, or for other purposes, including those
rights-of-way within municipalities which by virtue of bilateral agreements
between the municipality and the county are subject to the jurisdiction and
control of the county public works department; and those state secondary
roads for which maintenance has been assigned to and accepted by the county
~nd as other:;ise provided for in section 335.04, Florid~ St~tutes. Until such
time as the Board of County Commissioners accepts ownership and
responsibility for the maintenance of a right-of-way, it shall not be considered
part of the public rights-of-way for the purposes of this article except in cases
where the title to such right-of-way was vested in the county prior to June 11,
1963.
(9) Public or private utility shall include any pipeline, gas, electric, heat, water, oil,
sewer, telephone, telegraph, radio, cable television, transportation,
communication or other system by whomsoever owned and operated for
public use, including but not limited to the Florida Keys Aqueduct Authority,
Southern Bell BellSouth, City Electric Keys Energy System, The Florida Keys
Electric Cooperative Association, Inc. and/or their successors, affiliates,
subsidiaries or assigns. (See section 376.37, Florida St~tutes).
(10) Public works manual shall be deemed to mean the current edition of the
"Monroe County Public Works Manual, Parts 1 and 2."
(11) Road shall be as defined in section 334.03f77 a.J}, Florida Statutes.
Section 30. Subsections 16-21.(6) and (7), MCC, are hereby amended to read:
(6) It is not the intent of this section to restrict a public or private utility in any
way from performing their service to the public as required and regulated by the
public service commission or the applicable Florida Statutes; ho':;ever, as pFCscribed
by sections 337.112 and 337.113 of the 1984 Supplement to the Florida St~tutes. l
.Local government entities have statutory authority to issue permits and prescribe
and enforce reasonable rules or regulations pertaining to the use of those right-of-
ways under their jurisdictional control. Pursuant to section 337.113 and 337.113 of
8
the 1984 Supplement to the Florid~ St;Jtutes, p fublie or private utilities granted the
right to use the right-of-way have a duty and the county required that they restore a
public road or public right-of-way to its original condition at the pubic or private
utility's expense when such facility is damaged in the course of installing, repairing
or maintaining physical plant by that utility.
(7) Pursu;Jnt to section 337.114 of the 1984 Supplement to the Florida St;Jtutes, t
Ihe physical plant of any public or private utility heretofore or hereafter placed upon,
over or along any public road that is found by the county to be unreasonably
interfering in any way with the convenient, safe, or continuous use or maintenance,
improvement, extension or expansion of such public road shall, upon thirty (30)
days' written notice to the public or private utility or its agent by the Board of County
Commissioners, be removed or relocated by such public or private utility at its own
expense.
Section 31. Sec. 16-28, MCC, is hereby amended to read:
All permission granted for construction under this article does not constitute and
shall not be construed as permitting a permanent installation within any public
right-of-way. Any facility permitted within the public right-of-way shall be relocated
or reconstructed by the owner at his sole cost and expense when in irreconcilable
conflict with any construction, reconstruction, or any project performed by the
county or its authorized representative, which is deemed to be in the interest of the
general public within thirty (30) days of the request. It shall be the responsibility of
the public works director to provide notice to the affected permittees at the earliest
possible time prior thereto of any such conflicts, whether actual, possible or planned.
Where the owner requests additional time up to a maximum of one hundred eighty
(180) days, this may be granted by the office of the public works director upon
receipt of a letter stating adequate grounds to support the owner's position that
additional time is necessary to complete the relocation. If the extension of time
requested by the owner is denied by the public works director or an extension in
excess of one hundred eighty (180) days is desired by the owner, the owner may
appeal to the Board of County Commissioners by written request; and the time for
relocation shall be stayed while the appeal is pending. Where the county has
requested a relocation, permits will be required to approve the new sites of the utility
facility, but permit fees shall be waived. Utility placements and relocations shall be
governed by the prescriptions of sections 337.112, 337.113, 337.114 and 337.115,
Florida St;Jtutes, 1984 Supplement, or such other enactments ~s supersede the
;Jfores;Jid sections as provided by general law.
Section 32. Sec. 13-8, MCC, is hereby amended to read:
Unless otherwise provided by ordinance. A gll county parks and beaches in the
unincorporated areas of Monroe County, except Harry Harris Park, Tavernier, Florida,
shall be closed during the hours of 11:00 p.m. to 7:00 a.m. No person shall enter or
remain at any such park or beach during those hours. The prohibition of this section
may be waived by the Board of County Commissioners on a per-event basis.
Section 33. Subsections 13-10(a)(l) and (2), MCC, is hereby amended to read:
9
(a) Pursuant to section 327.60(1), Florida Statutes, Monroe County, Florida,
hereby adopts the following noise pollution and exhaust regulations enumerated in
section 327.65(2)(a) of the Florida Statutes:
(1) No person shall operate or give permission for the operation of any vessel on
the waters in Monroe County, Florida, in such a manner as to exceed the following
sound levels at a distance of fifty (50) feet from the vessel: for all vessels, a
maximum sound level of 90dB A or those levels specified in section 13 44 and 13 45
of the ~~onroe County Code, '.'Jhichever is more stringent.
(2) Any person who refuses to submit to a sound level test when requested to do
so by a law enforcement officer is guilty of a misdemeanor of the second degree,
punishable as provided in Florida Statutes section 775.082, or section 775.083 6f'
section 775.084 .
Section 34. Sec. 13-9(c), MCC, is hereby amended to read:
(c) For the purposes of this section, "alcoholic beverage" means ~n'f beverage
cont~ining more than one (1) percent ethyl ~Icohol by 'Iolume distilled spirits and all
beverages containing one-half of 1 oercent or more alcohol by volume.
Section 35. Secs. 8-16 - 8-42, MCC, concerning solid waste collection and which
has been superseded by Secs. 8-71 et seq., MCC, are hereby repealed.
Section 36. Sec. 9.3-12, MCC, concerning the Land Authority's interim development
plan (now obsolete), is hereby repealed.
Section 37. Sec. 6-56(1), Monroe County Code, is hereby amended to read:
Engineering:
(1) A Class I General engineering contractor may perform the following
work:
a. Construct foundations including the excavating, forming and
placing of reinforcing steel and concrete and perform other incidental work
thereto; and
b. Other concrete and engineering work, including but not limited
to, harbors, docks, excavating, filling and grading, drainage, pile driving,
levees, pumping stations, and similar types of work in conjunction with water
power, water control, waterworks and water supply, paving and sidewalks,
curbs and gutters, streets and roads, bridges and overpasses and underpasses
in streets, roads and public thoroughfares, underground sewage collection and
disposal systems, bulkheading and underground utility line construction, both
sanitary and storm sewer systems and similar work.
Section 38. Sec. 6-56 Engineering (3), is hereby created to read:
(3) No oerson not oreviously certified as a Class I General Engineering or as
Class II. Specialty Engineering Contractor in the subclasses pioeline. pile
driving and foundation. seawall and small dock. fuel transmission and
distribution line. and hydraulic dredging, as of February 18. 2004. shall be
certified as a Class I General Engineering or Class II Specialty Engineering
10
Contractor after February 18. 2004. However, the Contractors Examining
Board shall continue to certify and regulate those Class I and specified Class
II Engineering Contractors who were certified on (DATE OF MEETING FOR
APPROVAL) . 2004. provided that said engineering contractors maintain their
certificates of competency in good standing pursuant to this chaoter and rules
promulgated hereunder.
Section 39. Existing Sec. 6-56 Engineering (3), is hereby renumbered as Sec. 6-
56( 4 ).
Section 40. Sec. 6-56 is hereby amended by the deletion of Sheet metal contractor.
Section 41. Sec. 6-56 Specialty Contractors (35) is hereby amended to delete
certain categories for testing and to read as follows:
(35) Testing, except for administrative exam, shall not be required for licensing in
the specialty trades enumerated provided the applicant has had at least two (2) years'
experience in the field, demonstrated to the satisfaction of the licensing board, for the
following specialty trades:
Acoustical ceiling
Aluminum specialties
Cabinet and millwork
Drilling auger
Fence erection
Flooring
Garage door opener/installation
Heating, ventilation and A/C duct installation
House setter
Insulation
Landscaping
Masonry
Mobile home maintenance and repair
Mobile home set-up and tie-down
Painting and decorating
Plastering
Satellite, TV antenna, telephone and other communications equipment installation
Septic tank cleaning
Sol~r products
Solar window tinting
Steel reinforcing and iron
Tile, marble and terrazzo
The following list of specialty trades shall always require testing for purposes of licensure:
Asphalt sealing and coating
Burglar alarms
Demolition
Drywall
Fire Alarm
G~soliflc t~f1k ~fld pump
Glazing
Cunitc and s~ndblasting
Housc moving
11
Lawnsprinkler
Low Voltage
Sign electrician
Sign erection
Structur~1 steel erection
S'.vimmin~ pool servicing
Waterproofing and roof painting
Welding
Section 42. Sec. 6-56, is hereby amended by adding after Specialty Contractors
(41) the following:
Commencing Februarv 18. 2004. no oerson not previously certified as a
specialty contractor in the following specialty list as of February 18. 2004.
shall be certified in the following soecialty list after Februarv 18, 2004.
However, the Contractors Examining Board shall continue to certify and
regulate those contractors who continue to maintain their certificates of
competency in good standing pursuant to this chapter and rules promulgated
hereunder the following specialty trades:
gasoline tank and pump
gunite and sandblasting
house moving
solar products
swimming pool servicing
thatched structure
welding
Section 43. Sec. 6-62 Reciprocity is hereby amended to read as follows:
Every person who, under the terms of this article, is required to hold a
certificate of competency, and who has written proof from the City of Key
West, Florida, Building Department, or other county or municipality in the
State of Florida, stating that the applicant has scored a minimum grade of
seventy (70) percent on an independent examination agency which is
designated by the Contractors Examining Board may. upon payment of a $25
application fee, seek a reciprocal certificate of competency to be Qualified to
conduct construction in Monroe County. Examination corresponding and
equivalent to any examination required for an existing category licensed under
this chapter and proctored by the examination agency shall be entitled to a
certificate of competency without examination; but such certificate shall be
subject to any restrictions and limitations carried by the current county
certificate and shall entitle the holder of such certificate to do business only in
the unincorporated areas of the county. The equivalency of the examinations
shall be determined by the Contractors Examining Board. All prerequisites,
other than testing, for a certificate of competency shall be met prior to
issuance of a reciprocal certificate. The terms of this section apply solely to
reciprocity with such counties and municipalities providing reciprocity to
contractors who hold a certificate of competency issued by Monroe County.
The examinations must be been conducted for the licensure by the particular
county or municipality with which Monroe County has a reciprocal agreement.
12
Section 44. Sec. 6-63 Fees is hereby amended to read:
(a) The board shall recommend to the Board of County Commissioners
reasonable fees to be paid for application, examination, certification and
renewal, and recordmaking and recordkeeping. Effective October 1, 1993, the
fees shall be established as follows:
General Contractor
Building Contractor
Residential Contractor
Engineering Contractor I
Engineering Contractor II
Engineering Contractor III
Mechanical, Plumbing and Electrical Contractors
All other Contractors, including Specialty Trades
Master (Plumbing, Electrical and Mechanical)
Journeyman (Plumbing, Electrical and Mechanical)
Apprentice
Examination Fees:
Administr~tive Business and Law Exam 35.00
All Three Hour Technical Exams 75.00
All Six Hour Ex~ms
$200.00
150.00
150.00
200.00
150.00
150.00
150.00
150.00
100.00
70.00
30.00
55.00
155.00
150.00
The renewal fees shall cover two (2) years, and the certificate of competency
shall be issued for two (2) years. The renewal fees shall be due on October 1
of each odd-numbered year and shall be delinquent on November 1 of that
same year. The penalty for late renewal on or after November 1 of each odd-
numbered year, but prior to the expiration of twelve (12) months thereafter,
shall be forty dollars ($40.00). Upon expiration of one (1) year more after
October 31 of the year when the renewal fee is due, the contractor shall
appear before the Contractors Examining Board for assessment of the
appropriate renewal fee and need for reexamination pursuant to section 6-65.
Should an initial certificate of competency be issued subsequent to October of
any odd-numbered year and prior to October 1 of the next odd-numbered
year, the fees listed above shall be prorated on the basis of quarterly, or six-
month, increments of the two-year license period. Reduction of fees for
certifications issued for period of less than two (2) years shall be as follows:
Periods
October 2, odd year, to April 1, even year
April 2, even year, to October 1, even year
October 2, even year to April 1, odd year
April 2, odd year, to October 1, odd year
Reduction of Fee
0%
25%
50%
75%
(b) Honorary certificates shall be issued without charge to any person over
sixty (60) years of age providing that said person holds any of the above said
licenses in the county. Thereafter, said person will not be permitted to engage
in business without first paying all renewal fees necessary to make said license
current.
13
Section 45. Sec. 6-65 Reexamination may be required for renewal or reinstatement
is hereby amended to read:
a) Where a certificate of competency has been revoked or has expired or
lapsed for any reason, the board:
(1) May require complete reexamination before a certificate of competency
is renewed or reinstated.
(2) Require a fee of five hundred dollars ($500.00) or a fee equal to five (5)
years of renewal fees in the certificate holder's particular category, whichever
is less.
(3) After five (5) years of a certificate of competency being lapsed, the
applicant shall be reexamined.
b) Where a certificate of competency is no longer issued for a trade other
than contractors who have continuously maintained their certificate of
comoetency in good standing. a contractor shall not be permitted to reinstate
an expired. revoked. or lapsed certificate.
Section 46. Repeal shall not revive any ordinances. The repeal of an ordinance
herein shall not repeal the repealing clause of such ordinance or revive any ordinance which
has been repealed thereby.
Section 47. Effect of repeal on past actions and obligations. This' ordinance does
not affect prosecutions for ordinance violations committed prior to the effective date of this
ordinance, does not waive any fee or penalty due and unpaid on the effective date of this
ordinance, and does not affect the validity of any bond or cash deposit posted, filed or
deposited pursuant to the requirements of any ordinance.
Section 48. 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 , 2004.
Mayor Nelson
Mayor Pro Tern Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
14
Mayor/Chairperson
MONROE COUNTY ATTORNEY
~FORM:
~ JOHN R. COLLINS
COJJNTY ~TTORNEY
Date ()"I () 2/' Y
jordCodeUpdate