Item P05 P5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE
u,.. 9 Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
- James K. Scholl,District 3
' David Rice,District 4
Board of County Commissioners Meeting
June 21, 2023
Agenda Item Number: P5
2023-1031
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
N/A
AGENDA ITEM WORDING: A public hearing to consider an Ordinance amending Section 6-240
of the Monroe County Code in order to extend to July 1, 2024 the expiration date of certain specialty
contractor licenses that were active as of June 30, 2021.
ITEM BACKGROUND:
This Public Hearing held on June 21, 2023, BOCC regular meeting is to consider adoption of an
Ordinance amending Section 6-240 of the Monroe County Code to extend the expiration date of certain
specialty contractor licenses that were active as of June 30, 2021, to July 1, 2024.
Monroe County has existing regulations regarding the issuance of contractor certificates of competency
(COC). As of July 1, 2021, the Laws of Florida Chapter 2021-214 prohibits Monroe County from
requiring a person to obtain a license for a scope of work that does not substantially correspond with a
job scope of one of the contractor categories defined in Fla. Stat. § 489.105(3)(a)-(o) and(q).
Monroe County Code Section 6-240 sets the expiration dates of certificates of competency. Pursuant to
this section, specialty contractor licenses expire November 1 of each odd-numbered year. The Board of
County Commissioners, in Ordinance 023-2021,previously amended Section 6-240 to extend the
expiration date of certain specialty contractor licenses to June 30, 2023.
The Florida Legislature recently passed House Bill 1383, amending provisions of Chapter 2021-214,
and extending the expiration of local government licensing to July 1, 2024. This ordinance change is
necessary to implement HB 1383.
3986
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 50-2000, Section 3; Ordinance No. 031-2010, Section 3; Ordinance No. 022-2011,
Section 2.
Ordinance No. 023-2021, amending Section 6-240 of the Monroe County Code of Ordinances.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
POP MONROECOBU-69-3892246-1.pdf
DRAFT Ordinance Amending 6-240 use this version if Gov has signed HB.docx
DRAFT Ordinance Amending_6-240 if Gov has not signed HB.docx
FINANCIAL IMPACT:
N/A
3987
iiffiCn
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO BUILDING DEPT
2798 OVERSEAS HWY STE 300
MARATHON FL 33050
Account: 422333 Ticket: 3892246
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
COUNTY OF MONROE
NOTICE IS HEREBY GIVEN TO WHOM
IT MAY CONCERN that on June 21,
.or as soon tereaf-
Before the undersigned authority personally appeared ter2as the matter Amay be heard,h at the
Murray E.Nelson Government Center,
102050 Overseas Highway, Key Largo,
Melinda Prescott who on oath says that he or she is Florida,the Board of County Commis-
sioners of Monroe County, Florida, in-
tends to consider adopting the follow-
The legal advertising representative of the Key West Citizen,a five day news- ing ordinance:
paper published in Key West, in Monroe County, Florida;that the attached copy AN ORDINANCE OF THE BOARD OF
MON-
of advertisment, beinga legal notice in the matter of Specialty Contractors was COUNTY COMMISSIONERS of DIN
g p Y ROE COUNTY, FLORIDA, AMENDING
published In said newspaper In the Issues of: SECTION 6-240OFTHE MONROE COUN-
TY CODE OF ORDINANCES IN ORDER
TO EXTEND THE EXPIRATION DATE OF
Friday, May 26, 2023 CERTAIN SPECIALTY CONTRACTOR LI-
CENSES THAT WERE ACTIVE AS OF JUNE
30,2021,TO JULY 1,2024;PROVIDING
Affiant further says that the Key West Citizen is a newspaper published in Key FOR SEVERABILITY;PROVIDING FOR RE-
West, in said Monroe County, Florida and that the said newspapers has hereto- PEAL of ALL ORDINANCES INCONSIS-
TENT HEREWITH;AND PROVIDING FOR
fore been continuously P Y Y AN EFFECTIVE DATE.
Saturday weekly,and has been entered as periodicals matter at the post office in
in-
KeyWest, in said Monroe County, Florida,for period of 1 year next preceding the proposed ordinance may o e
Y p Y p g spected by the public at the Monroe
the first publication of the attached copy of advertisement;and affiant further says County website by viewing the agenda
that he or she has neither paid nor promised any person,firm or corporation any packet
a ket folr the posted beg n June 21, 023nin eeti e
discount, rebate,commission or refund for the purpose of securing this advertise- 9,2023 at:http://monroecountyfl.igm2.
ment for publication in the said newspaper. com/citizens/default.aspx. The ordi-
nance may also be viewed at the Mon-
roe County Attorney's office at 1111 12
th St.Ste.408 Key West,FL 33040.
The public can participate in the June
21,2023 meeting of the Board of Coun-
ty Commissioners of Monroe County,
FL by attending in person or via Zoom.
gg The Zoom link can be found in the
o r agenda at http://monroecountyfl.igm2.
(Signature ofAffiant) com/citizens/default.aspx.
ADA ASSISTANCE: If you are a person
Affirmed and subscribed before me this 26th dayof May 2023 with a disability who needs special
Y accommodations in order to partici-
pate in this proceeding, please con-
tact the County Administrator's Office,
by phoning (305) 292-4441, between
the hours of 8:30a.m.-5:00p.m., prior
to the scheduled meeting; if you are
(Notary Public Signature) hearing or voice-impaired, call "711".
Live Closed-Captioning is available via
our web portal @ http:Hmonroecoun-
Laura M Robins tyfl.igm2.com/Citizens/Default.aspx for
(Notary Public Printed Name) meetings of the Monroe County Board
of County Commissioners.
My commission expires 9/26/2026 Dated at Key West, Florida, this 19th
day of May,2023.
(SEAL)KEVIN MADOK,
Personally Known X Produced Identification_ Clerk of the Circuit Court and
Type of Identification Produced (Notary Seal) Ex Officio Clerk of the Board of Coun-
ty Commissioners of Monroe County,
Mte�ae'p Feu Grp Jfto� rcer F"utwr"da Florida
Umat�uP kN WC
Rot ins 422333 - 922
�+ r�'d�i�urmr�md�skrarci �9ta Z4c6tCu 422333 3892246
ftt (C'x,ar6as 9N2�12tJ26
3988
ORDINANCE NO. -2023
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 6-240 OF THE MONROE COUNTY
CODE OF ORDINANCES IN ORDER TO EXTEND THE
EXPIRATION DATE OF CERTAIN SPECIALTY
CONTRACTOR LICENSES THAT WERE ACTIVE AS OF
JUNE 30, 2021, TO JULY 1, 2024; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, prior to July 1, 2021, Monroe County was able to issue specialty contractor
licenses; and
WHEREAS, as of July 1, 2021,the Laws of Florida Chapter 2021-214 prohibited Monroe
County from requiring a person to obtain a license for a scope of work that does not substantially
correspond with a job scope of one of the contractor categories defined in Fla. Stat. §
489.105(3)(a)-(o) and(q); and
WHEREAS, that law allowed existing local licenses to remain in effect through June 30,
2023; and
WHEREAS, Monroe County Code § 6-240, Fees, provides, in part, that specialty
contractor licenses expire on November 1 of each odd-numbered year; and
WHEREAS, the Board of County Commissioners passed Ordinance 023-2021, extending
active specialty contractor licenses to expire on June 30, 2023 to accommodate chapter 2021-214;
and
WHEREAS, specialty contractor licenses active as of June 30, 2021, will expire on June
30, 2023 under current law; and
WHEREAS, the Florida Legislature passed House Bill 1383 in the 2023 session, which
has been signed into law by Governor DeSantis, which extends the County's ability to issue local
special contractor licenses through July 1, 2024; and
WHEREAS, the expiration date of these currently issued licenses is controlled by the
Monroe County Code and should be amended to expire July 1, 2024; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT THE MONROE
COUNTY CODE IS HEREBY AMENDED AS FOLLOWS:
[Proposed Text Changes are presented in strikethr-ou to indicate deletions and underline
to indicate additions.]
1
3989
Section 1: Section 6-240, Fees, shall be amended to read as follows:
(b) The renewal fees shall cover two years, and the certificate of competency shall be issued for
two years. The renewal fees shall be due on October 1 of each odd-numbered year and the
certificate of competency shall expire on November 1 of that same year for non-payment. In
order to provide a reasonable transition period for those license holders affected by the
enactment of chapters 2021-214 and 2023- Laws of Florida, specialty
contractor licenses that were active as of June 30, 2021 shall continue to be valid, and will
not expire until june 30, 242-3 July 1, 2024.
The remainder of subsection (b) remains unchanged.
Section 2: SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be
inapplicable to any person,property or circumstances, such holding shall not affect its applicability
to any other person,property or circumstances.
Section 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be
filed with the Department of State and shall be effective as provided in Section 125.66(2), Florida
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board on the day of , 2023.
Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein
Commissioner Michelle Lincoln
Commissioner James K. Scholl
Commissioner David Rice
(SEAL) BOARD OF COUNTY
COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
Approved as to form and legal sufficiency:
Kelly Dugan, Assistant County Attorney
2
3990
ORDINANCE NO. -2023
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 6-240 OF THE MONROE COUNTY
CODE OF ORDINANCES IN ORDER TO EXTEND THE
EXPIRATION DATE OF CERTAIN SPECIALTY
CONTRACTOR LICENSES THAT WERE ACTIVE AS OF
JUNE 30, 2021, TO JULY 1, 2024; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, prior to July 1, 2021, Monroe County was able to issue specialty contractor
licenses; and
WHEREAS, as of July 1, 2021,the Laws of Florida Chapter 2021-214 prohibited Monroe
County from requiring a person to obtain a license for a scope of work that does not substantially
correspond with a job scope of one of the contractor categories defined in Fla. Stat. §
489.105(3)(a)-(o) and (q); and
WHEREAS, that law allowed existing local licenses to remain in effect through June 30,
2023; and
WHEREAS, Monroe County Code § 6-240, Fees, provides, in part, that specialty
contractor licenses expire on November 1 of each odd-numbered year; and
WHEREAS,the Board of County Commissioners passed Ordinance 023-2021, extending
active specialty contractor licenses to expire on June 30, 2023 to accommodate chapter 2021-214;
and
WHEREAS, specialty contractor licenses active as of June 30, 2021, will expire on June
30, 2023 under current law; and
WHEREAS, the Florida Legislature passed House Bill 1383 in the 2023 session, which if
signed into law by Governor DeSantis, would extend the County's ability to issue local special
contractor licenses through July 1, 2024; and
WHEREAS, House Bill 13 83 has not yet been signed into law by Governor DeSantis,but
if signed into law will become effective July 1, 2023; and
WHEREAS, the expiration date of these currently issued licenses is controlled by the
Monroe County Code and should be amended to expire July 1, 2024.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT THE MONROE
COUNTY CODE IS HEREBY AMENDED A1S FOLLOWS:
[Proposed Text Changes are presented in strikethrottg#to indicate deletions and underline
to indicate additions.] 3991
Section 1: Section 6-240, Fees, shall be amended to read as follows:
(b) The renewal fees shall cover two years, and the certificate of competency shall be issued for
two years. The renewal fees shall be due on October I of each odd-numbered year and the
certificate of competency shall expire on November 1 of that same year for non-payment. In
order to provide a reasonable transition period for those license holders affected by the
enactment of chapters 2021-214 and 2023- Laws of Florida, specialty
contractor licenses that were active as of June 30, 2021 shall continue to be valid, and will
not expire until june 30, 242-3 July 1, 2024.
The remainder of subsection (b) remains unchanged.
Section 2: SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be
inapplicable to any person,property or circumstances, such holding shall not affect its applicability
to any other person,property or circumstances.
Section 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall take
effect upon House Bill 1383 becoming law. This Ordinance shall be filed with the Department of
State and shall be effective as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board on the day of June 2023.
Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein
Commissioner Michelle Lincoln
Commissioner James K. Scholl
Commissioner David Rice
(SEAL) BOARD OF COUNTY
COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
Approved as to form and legal sufficiency:
Kelly Dugan, Assistant County Attorney
2
3992