Item R06 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17,2013 Division: Growth Management
Bulk Item: Yes ❑ No ® Department: Building
Staff Contact Person: Jerry Smith, Sr. Director/Building Official Phone: 453-8729
AGENDA ITEM WORDING:
A public hearing to consider 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:
Permission to advertise a public hearing was approved by the BOCC on June 19, 2013.
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 El AMOUNT PER MONTH Year
APPROVED BY: County Attorney: E I P OMB/Purchasing: ❑ Risk Management: ❑
DOCUMENTATION: Included: ❑ Not Required: ❑
DISPOSITION: AGENDA ITEM#:
Revised 7/09
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. -2013
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10 AN ORDINANCE OF THE BOARD OF COUNTY
11 COMMISSIONERS OF MONROE COUNTY AMENDING
12 SECTIONS 6-240(a); 6-240(b); AND 6-242 CONCERNING
13 CERTIFICATES OF COMPETENCY; PROVIDING A GRACE
14 PERIOD FOR THE PAYMENT OF LATE RENEWAL FEES;
15 CLARIFYING THE LATE RENEWAL PENALTY AMOUNT AND
16 PROVIDING FOR RELIEF FROM THIS SECTION BY THE
17 CONTRACTORS' EXAMINING BOARD UPON GOOD CAUSE
18 SHOWN BY THE HOLDER OF THE CERTIFICATE OF
19 COMPETENCY; PROVIDING FOR AN APPLICATION AND FEE
20 FOR RENEWAL OR REINSTATEMENT REQUEST;
21 AMENDING THE TITLE OF SECTION 6-242; PROVIDING
22 FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
23 ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
24 FILING WITH THE DEPARTMENT OF STATE; AND
25 PROVIDING AN EFFECTIVE DATE.
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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
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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
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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.
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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 6#ikethF9....k to indicate deletions and underline to
48 indicate additions]
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50 SECTION 1. Section 6-240(a) and 6-240(b)of the Monroe County Code is amended to read as follows:
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52 Sec. 6-240.- Fees
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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:
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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
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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 deliRquepA expire on November 1 of that same year for non-
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77 payment. The PeRalty#eF 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 ^x^"atien of 45 da"
79 thprpa December 1 of that same year with a penalty. shall be equal to e e half of the
80 Fenewal fee; +heFP;1*PF- t 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 iustification 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.
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89 JILA 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.
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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.
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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.
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105 SECTION 2. Section 6-242 of the Monroe County Code is hereby amended to read as follows:
106
107 Sec.6-242.- Requests for renewal or reinstatement.
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109 (a) WheFe When the holder of a Certificate of Competency that has been revoked or laas
110 !d—er lapsed. suspended for any reason, or expired for non-payment after the time
ill 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. The 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
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121 (2) Require a payment up to all missed renewal and penalty fees; or RegUiFe a fee of
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125 (3) Deny the request for renewal or reinstatement. Reexa iRe the ..ppli skit if five
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128 (b) `"'�.;e*e a A Certificate of Competency that has expired and is no longer issued feF 3 tFade
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130 , OF
131 lapsed eeFtifisate 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.
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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.
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149 SECTION S. 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.
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191 PASSED and ADOPTED at a regular meeting of the Board of County Commissioners of Monroe County,
192 Florida, at a regular meeting held on the 17th day of July, 2013.
193
194 Mayor George Neugent
195 Mayor Pro Tem Heather Carruthers
196 Commissioner Danny Kolhage
197 Commissioner David Rice
198 Commissioner Sylvia Murphy
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202 BOARD OF COUNTY COMMISSIONERS
203 OF MONROE COUNTY, FLORIDA
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207 By:
208 Mayor George Neugent
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214 (SEAL)
215 ATTEST: AMY HEAVILIN, CLERK
216 MONROE COUNTY ATTORNEY
217 APpFVVEED AS TT Okra:
218 By: 'L A J
Deputy Clerk STEVEN T. Wt:t� AMS
219 De
P Y ASSISTANT C2 UN;'N' TTORNEY
220 Date � 2
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