Item J02 J2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
April 16, 2025
Agenda Item Number: J2
2023-3829
BULK ITEM: Yes DEPARTMENT: Building and Permitting
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
AGENDA ITEM WORDING: Approval to advertise a Public Hearing to consider adoption of an
Ordinance adopting amendments to Chapter 6 - Buildings and Construction, Article III - Construction
Industry, to update the membership requirements and duties of the Contractors Examining Board, to
update the procedure for disciplinary proceedings, to update the legal representation to the Contractors
Examining Board, and to update penalties and establish a schedule of penalties on May 21, 2025, at 9
am or as soon thereafter as may be heard.
ITEM BACKGROUND:
The Board of County Commissioners (BOCC) has designated the Contractors Examining Board(CEB)
as the local enforcement body for licensed and unlicensed contractors, as authorized by Sections
489.131 and 489.531, Florida Statutes. The CEB has reviewed the current penalties and has issued a
recommendation to increase the maximum penalty for unlicensed contracting as permitted under state
law. The CEB has also recommended eliminating the requirement for two alternate members who have
previously served as regular members due to the difficulty in filling those positions.
Monroe County Code(MCC) Chapter 6, Article III also requires updates to ensure that language and
regulations are consistent throughout the article, and to clarify that the County shall provide an
independent outside counsel to the CEB.
The CEB conducts disciplinary proceedings pursuant to MCC Section 6-201. This ordinance will
establish that certain violations of Monroe County Code will require a disciplinary proceeding pursuant
to Section 6-201 and authorize the designated code enforcement inspectors to issue a Notice to Appear
for a disciplinary proceeding before the CEB.
Section 489.127(5), Florida Statutes, grants local governments the authority to enact an ordinance
establishing a schedule of penalties against unlicensed contractors to be assessed by a designated code
1617
enforcement officer, with a maximum civil penalty of$2,000. Monroe County Code currently allows a
maximum civil penalty of$500, and does not contain a schedule of penalties specific to enforcement of
the provisions of Chapter 6, Article 111. This ordinance will establish a schedule of penalties for
violations of Chapter 6, Article 111, including increased penalties for unlicensed contracting.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Business Impact Estimate CEB ordinance.pdf
Ordinance -2025 CEB update.pdf
FINANCIAL IMPACT:
Expiration Date: N/A Total Dollar
Value of Contract: N/A
Total Cost to County: Cost to advertise
Current Year Portion:
Budgeted: N/A
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Insurance is not required to advertise but will be required for the actual
programming.
Additional Details:
1618
"e11UYY 'u
BUSINESS IMPACT ESTIMATE!
Meeting Date: May 21,2025
Proposed Ordinance Title/Reference:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
AMENDMENTS TO CHAPTER 6 — BUILDINGS AND CONSTRUCTION, ARTICLE III —
CONSTRUCTION INDUSTRY, TO UPDATE THE MEMBERSHIP REQUIREMENTS AND DUTIES
OF THE CONTRACTORS EXAMINING BOARD, TO UPDATE THE PROCEDURE FOR
DISCIPLINARY PROCEEDINGS, TO UPDATE THE LEGAL REPRESENTATION TO THE
CONTRACTORS EXAMINING BOARD, AND TO UPDATE PENALTIES AND ESTABLISH A
SCHEDULE OF PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE
The Proposed Ordinance ❑ does ® does not fall under one of the following enumerated
exceptions:?
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other financial
assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders,development agreements and development permits,-
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or
d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
The proposed ordinance does not impact private, for-profit businesses and has a positive
impact on the legal Construction Industry(legal meaning licensed businesses)
Note: It will only impact a business if it is violating state or local law.
Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
2 F.S.125.66(3)(c)(2023)
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Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs: No direct economic impact on private,for-
profit businesses.No direct compliance cost unless found to be violating state or local law.
b. New Charges/Fees on Businesses Impacted: No new fees or charges on businesses are
proposed.
c. Estimate of Regulatory Costs: There will be no anticipated impact on the County with
respect to the staff and resources to implement the proposed Ordinance.
Good Faith Estimate of Number of Businesses Likely Impacted:No businesses are likely to be
impacted by the proposed Ordinance.
Any Additional Information:
No additional information is applicable.
1620
�)
its h, N t
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2025
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS
TO CHAPTER 6 — BUILDINGS AND CONSTRUCTION,
ARTICLE III—CONSTRUCTION INDUSTRY, TO UPDATE
THE MEMBERSHIP REQUIREMENTS AND DUTIES OF
THE CONTRACTORS EXAMINING BOARD, TO UPDATE
THE PROCEDURE FOR DISCIPLINARY PROCEEDINGS,
TO UPDATE THE LEGAL REPRESENTATION TO THE
CONTRACTORS EXAMINING BOARD, AND TO UPDATE
PENALTIES AND ESTABLISH A SCHEDULE OF
PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE
SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Board of County Commissioners (BOCC)has designated the Contractors
Examining Board (CEB) as the local enforcement body for licensed and unlicensed
contractors, as authorized by Sections 489.131 and 489.531, Florida Statutes; and
WHEREAS,the Contractors Examining Board has reviewed the current penalties and has
issued a recommendation to increase the maximum penalty for unlicensed contracting as
permitted under state law; and
WHEREAS, the Contractors Examining Board has recommended eliminating the
requirement for two alternate members who have previously served as regular members
due to the difficulty in filling those positions; and
WHEREAS, the BOCC seeks to update Monroe County Code (MCC) Chapter 6, Article
III to ensure that language and regulations are consistent throughout the article; and
WHEREAS, the Contractors Examining Board conducts disciplinary proceedings
pursuant to MCC Section 6-201 and the BOCC seeks to require that certain violations of
Monroe County Code will require a disciplinary proceeding pursuant to Section 6-201; and
1621
WHEREAS, the BOCC seeks to clarify that the county attorney, or his designee, shall
provide legal counsel to the building official and Monroe County staff, and the County
shall provide independent outside counsel to provide legal counsel to the CEB; and
WHEREAS,the BOCC seeks to eliminate the requirement for two alternate members who
have previously served as regular members of the CEB due to the challenges in meeting
the requirements and filling those positions; and
WHEREAS, Monroe County Code authorizes code enforcement inspectors, acting under
the authority of MCC Chapter 8, to enforce the provisions of Chapter 6, Article I11. The
BOCC seeks to grant these code enforcement inspectors the authority to issue a Notice to
Appear for a disciplinary proceeding pursuant to Section 6-201 as updated herein, as well
as issue citations; and
WHEREAS, Section 489.127(5), Florida Statutes, grants local governments the authority
to enact an ordinance establishing a schedule of penalties against unlicensed contractors to
be assessed by a designated code enforcement officer, with a maximum civil penalty of
$2,000; and
WHEREAS,Monroe County Code currently allows a maximum civil penalty of$500, and
does not contain a schedule of penalties specific to enforcement of the provisions of
Chapter 6, Article HI; and
WHEREAS, the BOCC recognizes the detrimental impact of unlicensed contracting on
property owners and properly licensed contractors; and
WHEREAS,the BOCC recognizes the benefit of a schedule of penalties to provide notice
to violators and prevent arbitrary enforcement; and
WHEREAS,the BOCC seeks to establish a schedule of penalties for violations of Chapter
6, Article I11, including increased penalties for unlicensed contracting.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. —Recitals and Legislative Intent. The foregoing recitals, findings of
fact, statements of legislative intent, and conclusions of law are true and correct and are
hereby incorporated as if fully stated herein.
Section 2. —Amendment. Chapter 6, Article HI, of the Code of Ordinances of
Monroe County is hereby amended as follows (deletions are stricken through; additions
are underlined):
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Sec. 6-201. -Disciplinary proceedings.
(a) The secretary of the contractors examining board
shall, upon finding probable cause to believe that an alleged violation has
occurred, issue a Notice to Appear to the contractor and issue subpoenas to any
witnesses to appear before the contractors examining board and answer the
charges, if: , a swom eemplain.; rig;,, f any per-senT estigate or-eatise
e*afnining board and answer-ehafges-.
(1) A sworn complaint in writing has been submitted to the secretary of the
contractors examining board by any person, which shall be investigated by the
secretary or his designee; or
(2) Probable cause has been found to believe the contractor violated any of the
following sections: 6-32, 6-202(2), 6-202(3), 6-202(4), 6-202(6), 6-202(7), 6-
20210 .
All disciplinary actions under this article shall be initiated within four years of the
occurrence of the event complained of or be forever barred.
Lcj {4)The secretary shall send, by registered mail, a s ee* Notice to Appear to
the contractor at his last known address, as shown by the board's records, setting
out the name of the complainant if any), the time of commission of the alleged
offense, and the section of this article alleged to be violated, and notifying the
contractor to appear before the board to answer the charges, or waive his right to
appear before the board, at a time and place fixed, not sooner than 20 days from
the mailing of the fegist_fed l=+*cr Notice to Appear and, in the case of a licensed
contractor, to show cause why his certificate of competency should not be
suspended or revoked or why his permit-pulling privileges should not be
suspended or revoked.
(0 The administrative hearing provided for in this section shall be open to the
public.
(1) The proceedings at the hearing shall be recorded and may be transcribed at the
expense of the parry requesting the transcript. For purposes of administrative
hearings only the building official shall present the case before the contractors
examining board, and the building official shall designate an employee of his
department to act as secretary for the board during the hearing and the
subsequent retention of exhibits. The county attorney, or designee, shall
pr-evide serve as legal counsel to the building
1623
official and County staff. Independent outside counsel shall be furnished by
the County to provide legal counsel to the board. All testimony shall be under
oath.
(2) The hearing need not be conducted according to technical rules relating to
evidence and witnesses. Any relevant evidence shall be admitted if the board
finds it competent and reliable, regardless of the existence of any common law
or statutory rule that might make improper the admission of such evidence.
Hearsay evidence may be used for the purpose of supplementing or explaining
any direct evidence but shall not be sufficient in itself to support a finding
unless it would be admissible in civil actions. The rules of privilege shall be
effective to the same extent that they are now or hereafter may be recognized
in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.
(3) Each parry shall have the following rights:
a. To call and examine witnesses;
b. To introduce exhibits;
c. To cross examine opposing witnesses on any matter relevant to the issues
even though that matter was not covered in the direct examination;
d. To impeach any witness, regardless of which parry first called him to
testify; and
e. To rebut the evidence against him.
U (d)A decision shall be made by a majority of the
contractors examining board within five days after the close of the hearing and
delivered to the contractor.
(f For licensed contractors, the decision shall be one or more of the following:
(1) Not guilty.
(2) Finding of violation; suspension of certificate of competency, stating the e
term of suspension.
(3) Finding of violation; revocation of certificate of competency, naming the
effective date.
(4) Finding of violation; a letter of reprimand stating the nature of the offense and
any action required for correction.A copy of the letter shall also be retained
by the Building Department in an active file pertaining to the parry for a
period of three years. When three years have elapsed with no further
disciplinary actions, a letter of reprimand shall be removed from a contractor's
active file and placed in an inactive file.
(5) Finding of violation; imposition of an administrative fine not less than the
amount set by section 6-270(f) or the amount set forth in the citation,
applicable, but not more than $5,000.00 for each of the charges upon which a
certificate holder has been found in violation by the board. This penalty may
be imposed separately or in addition to the penalties of suspension, revocation
and reprimand authorized in subsections (4) f�" (2), (d) f�' (3) and(4)L (4) of
this section. The payment of such fines shall be made to the county Building
Department within a time specified by the board, but no less than seven days
1624
and no more than 30 days from the date of imposition. If a certificate holder
fails to pay the fine as assessed by the board, the certificate of such person or
firm shall be administratively suspended until the fine has been paid; and the
certificate holder, the department of professional regulation for the state and
all municipalities within the county shall be so notified; and a certified copy
of the order issuing the fine shall be filed in the public records of the county,
thereby creating a lien.
(6) Finding of violation; imposition of restitution.
(7) Finding of violation; imposition of an administrative fee for all costs incurred
by the county Building Department, county code compliance department and
the county attorney's office in investigating and resolving the complaint that
(( gave rise to the disciplinary proceedings.
lO Sad A deeisio shall be made by t e e*afnining board by . majefity of the b.,.,r
For
unlicensed contractors, the decision shall be one or more of the following:
(1) Not guilty.
(2) Finding of violation; imposition of an administrative fine if t e en fe-,efRe„t
;sty t e enfq-.efne„t eF l ing beaFd eF design4ed speeial f .*--, to
eFdeF t e ' t,,,-t^ p a vil penalty of not less than the amount set by
6-270(f) or the amount set forth in the citation, if aplicable, but not more than
$2,500.00 per day for each violation. The payment of such fines shall be made
to the county Building Department within a time specified by the board, but
no less than seven days and no more than 30 days from the date of imposition.
In determining the amount of the penalty, the contractors examining
boardenfeFeeme t eF l inn beaFd eF design4ed o .,l f is4 e shall
consider the following factors:
a. The gravity of the violations.
b. Any actions taken by the violator to correct the violation.
c. Any previous violations committed by the violator.
(3) Finding of violation; imposition of an administrative fee for all costs incurred
by the county Building Department, county code compliance department and
the county attorney's office in investigating and resolving the complaint that
gave rise to the disciplinary proceedings.
(4) Finding of violation; issue an order to cease and desist a violation of any
provision of this chapter which relates to the practice of a profession regulated
by this board or Building Department or any rule adopted pursuant thereto.
{O Each day a willful, knowing violation continues shall constitute a separate
offense under the provisions of this section.
{g}The decision of the contractors examining board constitutes final
administrative action that is subject to judicial review.
1625
{g)Imposition of penalties pursuant to this section shall be based upon
consideration of guidelines duly adopted by the contractor's examining board, or
upon guidelines established by the state construction industry licensing board.
Sec. 6-263. - Created.
A contractors examining board is hereby created that shall consist of:
(1) One person holding an engineering contractor's license;
(2) One person holding a general/residential/building contractor's license;
(3) One person holding a plumber's contractor's license;
(4) One person holding an electrical contractor's license;
(5) One person holding a mechanical/air conditioning contractor's license;
(6) Or, if a contractor from above disciplines is not found to be available or does not
apply then a contractor holding a swimming pool,roofing, marine or fire alarm
license;
(7) Also, if a contractor from paragraphs (1)through (5) above is otherwise qualified
and that position is already filled, a second board member may be selected
holding that contractor's license.A maximum of two board members with the
same license shall be permitted;
e*afnining board only , pon tb.e inability of., .. ,v, to be f of i tb.e .,bse ee o�
�he-alte to
Three persons who are not and have never been, engaged in any of the
occupations for which licensing is required under this chapter and who are not
engaged in any related profession;
tD Allow certified contractors to serve on the contractors examining board so long as
the certified contractor has a principle place of business in Monroe County.
Sec. 6-264. -Membership.
(a) The contractors examining board shall consist of eight regular voting members
and two a't member-s appointed by the board of county
commissioners. The hbiail. ing offs ial or-his design4ed agent shall seR,e as
The members of the board
shall be proportionately representative of the trade related to the subject matter
concerned in the examination and qualifications, and professions within and
connected with the particular trades concerned shall be represented. The eight
regular member composition shall, at all times, include at least one representative
from each of the Lower, Middle and Upper Keys of the county. No member of the
examining board shall receive any compensation for duties involved.
(b) No officer, director or administrator of a state, county or regional professional or
occupational organization or association, while holding such position, shall be
eligible to serve as a member of the examining board for the profession or
occupation. Each regular member who is a licensed contractor shall have five
1626
years of active participation in his respective field and shall be currently involved
as a licensed contractor in that field to qualify for appointment. The lte 4e
member-shall be a prior-member- of t4e eent+aet board and shall be
(c) The building official or his designee shall serve as secretary to the board and shall
have no vote. The county attorney or his designee shall serve as legal counsel to
the building official and County staff. Independent outside counsel shall be
furnished by the County to provide legal counsel to the board.
Sec. 6-241. - Suspension or revocation; effect.
(a) Permissive. The certificate of competency issued by the county to a contractor
may be suspended for a fixed term or revoked by the contractors examining
board's determination only by a majority vote of the entire board after hearing if
the contractor as an individual or the firm by its officers, directors, or qualified
representatives has violated any of the provisions of this article.
(b) Mandatory. The building official shall administratively suspend a contractor's
local certificate of competency for a period of six months upon receipt of
sufficient evidence that the contractor has failed to obtain the required building
permits prior to starting construction and that such violation is the third such
violation by such contractor within the preceding two-year period.
(c) Insurance coverage. The building official shall administratively suspend Of
reveke a contractor's certificate of competency if, after hear-i � it is found that the
contractor: Fails to maintain at all times with an insurance company, authorized to
do business in the state, the limits of insurance required by all applicable laws and
authorities having jurisdiction over the contractor, and at least the following:
workers' compensation insurance or executed exemption; public liability
insurance for specialty contractors not subject to F.S. ch. 489,pt. I(F.S. § 489.101
et seq. or F.S. ch. 489,pt. 11 (F.S. § 489.501 et seq.) in the amount of$100,000.00;
and property damage insurance coverage in the amounts of$50,000.00 and to file
certificates, signed by the qualified agent of the insured, with the secretary of the
contractors examining board showing the type of policy, the policy number, the
name of the insurer, the effective date of the policy, an agreement by the insurer to
give 30 days' written notice by registered mail to the secretary of the examining
board of the intent to cancel the policy for any reason. If the contractor fails to
sUply full insurance coverage as required by this article within 30 days of
suspension, the building official shall refer the matter to the contractors
examining board for revocation of the contractor's certificate of competency. The
building official may reinstate such suspended or revoked certificate of
competency at such time as the contractor again supplies full insurance coverage
as required by this article.
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(d) Unlawful disposal ofgarbage; conviction ofa crime. The contractor's examining
board shall suspend or revoke a contractor's certificate of competency if, after
hearing, it is found that the contractor:
(1) Has been convicted of violating the provisions of this Code relating to the
unlawful disposal of garbage, rubbish, offal, trash or junk; or
(2) Has been convicted of a crime and is currently serving a term of
imprisonment.
(e) Effect on license. The suspension or revocation of a certificate of competency
shall automatically suspend or revoke, as the case may be, any business license
issued by the county.
Sec. 6-270. -Powers and duties.
(a) The examining board shall be the local construction regulation board, and shall
have the following powers:
W To conduct disciplinM proceedings pursuant to section 6-201.
To hear appeals of citations pursuant to this section.
(4-)To determine if a license or certificate of competency of any local
contractor should be suspended or revoked for any violation of this chapter
and to fix the length of time for such suspension;
(� To call upon members of the industry to advise and assist it;
(--3-)To determine if a state certified contractor is guilty of fraud or has
willfully violated any of the building codes of the county or has, within the
past 12 months, been found by the local construction regulation board of any
other county or municipality to be guilty of fraud or a willful building code
violation that would have been fraud or a building code violation if committed
in the county; and
(4)To determine if the authority of state certified contractors to obtain a
building permit should be revoked, suspended or limited to obtaining permits
with specific conditions and to set the terms of suspension or conditions.
To determine that a licensee, certificateholder, or registrant licensed under
Chapter 455, Chapter 471, Chapter 481 and Chapter 489, has committed a
material violation of the Florida Rbuilding Cc-ode and failed to correct the
violation in a reasonable time. In such case a fine may be imposed in an
amount not less than $500.00 and no more than $5,000.00 per violation. The
violation may be disputed as set forth in F.S. § 553.781 (2)(b). For purposes of
this section, a material code violation is a violation that exists within a
completed building, structure, or facility which may reasonably result, or has
resulted, in physical harm to a person or significant damage to the
performance of a building or its systems. Except when the fine is abated as
provided in F.S. § 553.781 (2)(b), failure to pay the fine within 30 days shall
result in a suspension of the licensee's, certificate holder's, or registrant's
ability to obtain permits within this state until such time as the fine is paid.
1628
(b) When the board has reason to believe that any person not licensed by the board or
building official has violated any provision of this chapter which relates to the
practice of a profession regulated by this board or Building Department or any
rule adopted pursuant thereto, the board or the building official may issue and
deliver to such person a notice to cease and desist from such violation. In
addition, the board or the building official may issue and deliver a notice 4 to
cease and desist to any person who aids and abets the unlicensed practice of a
profession and/or contracts with such unlicensed person.
Lcj (4-) Code enforcement inspectors acting under the authority of chapter 8 are
hereby designated to enforce the provisions of this article.
Ldj Code enforcement inspectors acting under the authority of chapter 8 are hereby
designated to issue, with approval of the secretary of the contractors examining
board, Notices to Appear pursuant to section 6-201.
Lej (-2)Except as otherwise stated in this section, cGode enforcement inspectors fts
may issue a citation for any violation of this article
whenever, based upon personal investigation, the code enforcement e€f eer
inspector has reasonable and probable grounds to believe that such a violation has
occurred. The citation form shall be prescribed by resolution of the board of
county commissioners and shall contain the following information:
a. The time and date of issuance.
b. The name and address of the person to whom the citation is issued.
c. The time and date of violation.
d. A brief description of the violation and the facts constituting reasonable
cause.
e. The name of the code enforcement ewer inspector.
f. The procedure for the person to follow in order to:
1. Pay the civil penalty or contest the citation for violations; or
2. Appear before the contractors examining board to answer a summons.
g. The applicable civil penalty if the person elects not to contest the citation.
(f Schedule of civil penalties. The following table shows the sections of this article,
as they may be amended from time to time, which may be enforced pursuant to
the provisions of this article, and the dollar amount of the civil penalty for the
violation of these sections. The "descriptions of violations"below are for
informational purposes only and are not meant to limit the nature of the violations
or the subject matter of the listed sections of this code, except to the extent that
different types of violations of the same section may carry different penalties. To
determine the exact nature of any activity proscribed, the relevant section must be
examined. For the purposes of this section, "life safety risk" means any condition
that creates a present or imminent danger to life,property, health, or public safety,
as determined by the building official or his designee.
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Code Section Description of Violation Civil Penalty
6-77 Unlicensed Contractor, $2,000
Certificate of Competency
Required—Life Safety
Risk
6-77 Unlicensed Contractor, $1,500
Certificate of Competency
Required—No Life Safety
Risk
6-202 1 Unlicensed Contractor, $1,500
Work outside scope of
operation
6-202 5 Violation of building, $500
safety, health, insurance or
workmen's compensation
laws
6-202 8 Unlicensed Contractor, $1,500
Assist in engaging in
unlicensed contracting
6-202 9 Unlicensed Contractor, $1,500
Allow unlicensed
contractor to use
certificate/registration
6-202(11)(a) Violate any county $500
ordinance concerned with
building/construction
standards or contracting
6-202(11)(b) Violate any state statute $500
concerned with
building/construction
standards or contracting
6-234 a Advertisement by $500
unlicensed contractor
6-234 b Failure to identify $500
vehicle(s)used in
furtherance of contracting
business
6-234 c Failure to include $500
certificate of competency
number in advertisement
{�}A citation for a repeat violation shall require appearance before the contractors
examining board for a disciplinary_proceeding under section 6-201.A repeat
1630
violation is a violation after the imposition of a fine or civil penalty or other
disciplinary action for another violation.A violation shall be considered a repeat
violation:
(1) Regardless of the chronological relationship of the acts underlying the various
disciplinary actions; and
(2) Regardless of whether the violations in the present and prior disciplinary
actions are of the same or different provisions of this chapter.
(3) Repeat violations of unlicensed activity may be referred to the state attorney's
office for criminal prosecution by motion of the contractors examining board.
tW Violations of 6-32, 6-202(2), 6-202(3), 6-202(4), 6-202(6), 6-202(7) 6-20200)
shall result in a Notice to Appear before the contractors examining_ board oard pursuant
to section 6-201(a)(2).
(4)Any party receiving a fnenetat-f citation may appeal to the contractors
examining board by filing a notice for appeal with the contractor license
coordinator within ten days of a citation, exclusive of weekends and lei
holidays.
(O The contractors examining board may impose a fine and shall impose an
administrative fee pursuant to the provisions of sections 6-201(4)Lf (7) and 6-
201(n (3) or this section for any violations of this chapter upon a finding of
violation. Upon a finding that such violation has occurred, the board shall deny
the appeal, make a finding of violation and impose a fine in an amount not less
than the amount of the civil penalty listed in the citation and no more than the
amount of the fine authorized under this chapter and shall assess an administrative
fee. The board, at its discretion, may reduce the amount of the fine or civil penalty
but not the administrative fee upon a finding of mitigating circumstances.
{O The act for which the citation is issued shall be ceased immediately upon
receipt of the citation. The person charged with the violation in a monetary
citation shall correct the violation and pay the fine in the manner indicated on the
citation unless an appeal is filed by the person charged.
(g4 If the fine is not paid within the time period required on the citation or ordered
by the board upon appeal, the board's secretary shall cause a notice of lien to be
filed in the official records of the county. The lien shall run against any real or
personal property the violator may own. The lien may be foreclosed in accordance
with Florida Statutes.
Lmj�h4 Upon any final judgment foreclosing such lien, the court shall award to the
county all costs as a result of this violation, including investigation costs, filing
fees, court costs, and reasonable attorney's fees.
(n) (0 In addition to or in lieu of any other remedies provided in this section, the
county may seek the imposition of injunctive relief and/or a civil penalty through
the circuit court for any violation. The civil penalty shall be no less than $500.00
and no more than $5,000.00 for each offense. The court may award to the county
all costs as a result of this violation, including investigation costs, filing fees,
court costs, and reasonable attorney's fees.
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(o) 4)This article constitutes the exclusive statement of the board's authority and
jurisdiction, and does not confer any powers not specifically granted.
Section 3.—Construction. The interpretation of this ordinance,and all provisions
of the Monroe County Codes, Comprehensive Plan, floodplain management regulations,
and Florida Building Code whose interpretation arises out of,relates to, or are interpreted
in connection with this ordinance,these being necessary for the health, safety, and welfare
of the residents of and visitors to Monroe County, shall be liberally construed to effectuate
the public purpose(s) and policy(ies) hereof, and such interpretations shall be construed
in favor of the Monroe County BOCC, and such interpretation shall be entitled to great
weight in adversarial administrative proceedings, at trial, and on appeal.
Section 4.—Severability,Partial Invalidity, and Survival of Provisions. If any
provision of this ordinance, or any section, subsection, or part or portion thereof, is held
to be invalid or unenforceable by any administrative hearing officer or court of competent
jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
provision of this ordinance, or any remaining section(s), subsection(s), part(s), or
portion(s)thereof. All other provisions thereof shall continue unimpaired in full force and
effect.
Section 5. — Repeal of Inconsistent Provisions. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict
herein. Such repeal shall not repeal the repealing clause of such ordinance or revive any
ordinance which has been repealed hereby.
Section 6. — Captions and Paragraph Headings. Captions and paragraph
headings, where used herein, are inserted for convenience only and are not intended to
descriptively limit the scope and intent of the particular paragraph or text to which they
refer.
Section 7. — Inclusion in the Monroe County Code of Ordinances. The
provisions of this ordinance shall be included and incorporated into the Code of
Ordinances of Monroe County, Florida, and shall be numbered to conform with the
uniform numbering system of the Code.
Section 8. — Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida and shall become effective as provided by law.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 21st day of May, 2025.
Mayor James K. Scholl
Mayor pro tem Michelle Lincoln
Commissioner Craig Cates
Commissioner David Rice
Commissioner Holly Merrill Raschein
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
3/31/25
KELLY DUGAN
ASSISTANT COUNTY ATTORNEY
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