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HomeMy WebLinkAboutOrdinance 012-2025 �) its h, N t MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 012 -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 COMMERCE 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 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): 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=r_d '_=+*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 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 (d)Lf (2),(-d)Lf (3) and(4)Lf (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 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. {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� t4e-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 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. (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. (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. 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 Assist in engaging in $1,500 unlicensed contracting 6-202 9 Allow unlicensed $1,500 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 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 me*etat-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(�(7) and 6- 201(�(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. {g}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. LnJ (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. (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. 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 Yes Mayor pro tern Michelle Lincoln Yes Commissioner Craig Cates Yes Commissioner David Rice Yes Commissioner Holly Merrill Raschein Yes f � BOARD OF COUNTY COMMISSIONERS ' � r rt', hf-AiteAt:,:,-)lawiy,,,, IN MADOK Clerk OF M NR E {!`�• ��'�����°�A=� O O COUNTY,FLORIDA '�••h� i'r��:�oAyY���':�kii,�i 4�.1 i.'1. ,,,Stri ./,,,,C,,),,,.7-, 1 li'-‘51-,-,1,,::,,,,/ ',,,:, dei 1 it,ili Iii , 7 litiVviOr V'''',-„,,.'"'"'6'.,,ac:q.'::,1,za1::.- Gr 111111F'� �' K`:,, ,�: n`al.��• f,Y�Z I�`.'.r Ly s ',h �`.`'.. �•', :- ' 4/0, As Ik puty Clerk Mayor fir.A-'Y•�`JK MONROE COUNTY ATTORNEY APPROVED AS TO FORM 5/5/25 KELLY DUGAN ASSISTANT COUNTY ATTORNEY M. . - 1 <D --,.- ' - .a... • rm.,- --.•,, . ' 4.. • ....., • • .. ,-• •• 4iiii,,• •• •;2 ., ..?› . • - ,- - � f 1it'x�i'�t;sys.c;;ffrlt ZEN iVl'i,lny' ls)Ilriirfds One 'Bice The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(941)206-1025 F:(305)294-0768 legals@keysnews.com MONROE CO BUILDING DEPT 2798 OVERSEAS HWY STE 300 MARATHON FL 33050 Account: 422333 Ticket: 3959780 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER COUNTY OF MONROE AWRIONQfSS.UMARMNiNCE Dated at Key West, Florida,this loth day of May,2025. NOTICE IS HEREBY GIVEN TO WHOM IT (SEAL)KEVIN MADOK,Clerk of the Cir- Before the undersigned authority personally appeared MAY CONCERN that on May ea er as Exit Court and 9 Y P Y PP at 9:00 A.M.or as soon thereafter as Ex Officio Clerk of the Board of Coun- the matter may be heard,at the Har- ty Commissioners of Monroe County, vey Government Center, 1200 Truman Florida Jill Kelli Di Benedetto who on oath says that he or she is Avenue, Key West,Florida,the Board 05/10/25-KWC of County Commissioners of Monroe 422333 3959780 County„ Florida, intends to consider The legal advertising representative of the Key West Citizen, a five day news- adopting the following ordinance! paper published in Key West, in Monroe County,Florida;that the attached copy AN ORDINANCE BY THE MONROE a legal notice in the matter of NOI Amend Section 6 CEB COUNTY BOARD OF COUNTY COMMIS- of advertisment, being 9 STONERS ADOPTING AMENDMENTS TO was published in said newspaper in the issues of: CHAPTER 6 - BUILDINGS AND CON- STRUCTION,ARTICLE III—CONSTRUC- TION INDUSTRY,TO UPDATE THE MEM- Saturday,May 10,2025 BERSHIP REQUIREMENTS AND DUTIES OF THE CONTRACTORS EXAMINING BOARD,TO UPDATE THE PROCEDURE FOR DISCIPLINARY PROCEEDINGS, TO Affiant further says that the Key West Citizen is a newspaper published in Key UPDATE THE LEGAL REPRESENTATION TO THE CONTRACTORS EXAMINING West,in said Monroe County, Florida and that the said newspapers has hereto- BOARD, AND TO UPDATE PENALTIES fore been continuously published in said Monroe County, Florida Tuesday thru AND ESTABLISH A SCHEDULE OF PEN- ALTIES-Saturda weekly,and has been entered as periodicals matter at the post office in PROV1 PROVIDING FOR OF CONFLICT- Key y Y P P PROVIDING FOR REPEAL OF CONFLICf- Key West,in said Monroe County, Florida,for a period of 1 year next preceding ING PROVISIONS; PROVIDING FOR the first publication of the attached copy of advertisement;and affiant further says TRANSMITTAL TO THE DEPARTMENT OF COMMERCE AND THE SECRETARY that he or she has neither paid nor promised any person,firm or corporation any OF STATE;PROVIDING FOR CODIFICA- discount,rebate,commission or refund for the purpose of securing this advertise- TION; PROVIDING FOR AN EFFECTIVE DATE. ment for publication in the said newspaper. The pro Deed ordinance may b in. spected I the public at the Monroe County wefvsite by viewing the agenda packet for tfse May+'21„2025 meetrnep, whichwill#bepostedI ginning May11, 2025 at: hut pJfmonroecouniyfl.regnr2. (Signature ofAffiant) cii citizen s/defauiLaspx. T1ne ordi- nance niay also be vievred at the Mons roe County Attorney's office at I I i 1 12 Affirmed and subscribed before me this 12th day of May 2025 th St.Ste.408 Key West,FL 33040. The pubic can participate in the May 21,2025 meeting of the Board of Coun- (Notary Public Signature) ty Commissioners of Monroe County, FL by attending in person or via Zoom. The,Zoom link can be found in the Laura M Robins agenda athttp://monroecountyfl.igm2.. com/cifdzensldef cult aspx, (Notary Public Printed Name) (Notary Seal) ADA ASSISTANCE:If you are a person M commission expires 9/26/2026 with a disability who needs special Y P accommodations in order to partici- pate in tfrls proceeding, please con- tact the County Administrator's Office, b phoning f305)292-4441, between Personally Known X Produced Identification_ the hours of 8,30a:m SX0p,m.,prior to the scheduled meeting:if otr are hearlType of Identification Produced (Notary Seal Liveng a Captvoice ruing is calf le v YP ( IY ) Live Cfesed-Captioning is available via our web portal @ hHpAmonroecoun- i#oiar'f 1afs41itr Sartre of Florida Wi.ir(m2.comKitiizensfDetault.aspxfor meetings of the Monroe County Board aura M tobIns of County Commissioners. I My co mi siarrr IHN 2b2830 Kites 1126/2026 keysnews,com Keys Citizen•Weekend Edition MAY10-11,2025 PAGEB11 6 1 a.1Y, "SW1DE CLASSIFIED.R. Deadline for ll ClaWflol NOTICE TICW RN ADVERTISERS CCEI.,LA"rld-NS NOTICE TO CONTRACTORS In¢©oIOIDRBF11 lIyordO mefiSl day II B00�'s '"W aAY Y4s&NM»*MWr 1n 1'u^Y&MG^YPSMJk MD Gountyl Tloes Ual COnlrsd NalaAelhY must DAILY at SOa.m. r B, aIA � .SDI uprar ID w" MdDdelhdlpoUBUTIodtioDRIDlmnpelenco—be6 in VeeYenl DlanPrrTIL.onspawllelu de fe5t r AECMt'm J"f'"MrrgYn nNN CALL 305.292.77771710210 YlmlednBal III ml Ed NCIE,does nalasvune y XywhaSx wesbonscon gNqulanaltsoolow 91me MON.-FRl.until 4p.m. "Itl�;r,.4N,ypfs,�vwr'wsal4wws'rdR+em,rctmxmau°,II. �q vX 5+�/r �anma GRAY,Bddq DED..aI, .., ..... ...... -rW .... 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T6a1 tl f Y G6 'I go-ntl m,mun MN SWIM KWC 91:q or xn amw I11N, XamameBq p. w,eA hxw Mttaw oq DtY&Atl VoWr GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN May 27, 2025 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is a copy of Ordinance No. 012-2025 of the Board of County Commissioners of Monroe County, Florida, 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 Commerce and the Secretary of State; providing for codification; providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on May 21, 2025. Should you have any questions please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners by: Liz Yongue, Deputy Clerk cc: County Administrator County Attorney MuniCode BOCC File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 FLORIDA DEPARTMENT Of$ ATE u 7i RON DESANTIS CORD BYRD Governor Secretary of State May 28, 2025 Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Dear Kevin Madok, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 012-2025, which was filed in this office on May 27, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270