Ordinance 032-1993 .
Ad Hoc Committee
ORDINANCE NO. 032 -1993
AN ORDINANCE AMENDING SECTION 6-90 , MONROE COUNTY CODE
IN ORDER TO PROVIDE AUTHORITY TO IMPOSE A MONETARY FINE
FOR THE VIOLATION OF CEASE AND DESIST ORDERS FOR THE
UNLICENSED PRACTICE OF A PROFESSION REGULATED BY
CHAPTER 6 ; PROVIDING FOR AUTHORITY TO ENFORCE THE FINES
THROUGH THE COURT SYSTEM; REVISING SECTION 6-68(c) ,
MONROE COUNTY CODE TO ALTER HEARING PROCEDURES TO
AUTHORIZE THE BUILDING OFFICIAL TO ACT AS PROSECUTOR,
TO DESIGNATE A BUILDING DEPARTMENT EMPLOYEE THE
SECRETARY TO THE CONTRACTORS EXAMINING BOARD FOR
DISCIPLINARY HEARING PURPOSES ONLY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1 . Section 6-90 (b) of the Monroe County Code is
hereby amended to read as follows :
(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
may issue and deliver a notice of cease and desist to
any person who aides and abets the unlicensed practice
of a profession and/or contracts with such unlicensed
person.
(1) Code enforcement inspectors acting under the
authority of Chapter 6 .3 of this Code are hereby
designated to enforce the following provisions against
persons who engage in activity for which county certi-
fication is required. No person shall :
(a) Falsely hold himself or a business orga-
nization out as a licensee, certificate holder, or
registrant;
(b) Falsely impersonate a certificate holder or
registrant;
(c) Present as his own the certificate or regis-
tration of another;
(d) Give false or forged evidence to the board or
a member thereof for the purpose of obtaining a certif-
icate or registration;
(e) Use or attempt to use a certificate or
registration which has been suspended or revoked;
(f) Engage in the business or act in the capacity
of a contractor (or subcontractor) or advertise himself
or a business organization as available to engage in
the business or act in the capacity of a contractor (or
subcontractor) without being duly registered or cer-
tified;
(g) Operate a business organization engaged in
contracting after 60 days following the termination of
its only qualifying agent without designating another
primary qualifying agent;
2
(h) Willfully or deliberately disregard or
violate any county ordinance relating to uncertified or
unregistered contractors .
(2) No uncertified or unregistered person associated
with a contracting firm qualified by the licensee under
this chapter shall :
(a) Conceal or cause to be concealed, or assist
in concealing, from the primary qualifying agent, any
material activities or information about the contract-
ing firm;
(b) Exclude or facilitate the exclusion of any
aspect of the contracting firm' s financial or other
business activities from the primary qualifying agent;
(c) Knowingly cause any part of the contracting
firm' s activities , financial or otherwise, to be
conducted without the primary qualifying agent' s
supervision; or
(d) Assist or participate with any qualifying
agent in the violation of any provision of this chap-
ter.
(e) Contract with an uncertified or unregistered
person for the performance of any construction con-
tracting activities requiring a certificate of compe-
tency under this Chapter.
(3) No owner of real property shall:
(a) Contract with an uncertified or unregistered
person; or
3
(b) Hire an uncertified or unregistered person
without providing all required insurance and taxes for,
and supervision of, employees .
(4) Code enforcement inspectors as designated above
may issue a citation for any violation of subsection
90(b) (1) or (2) whenever, based upon personal inves-
tigation, the code enforcement officer 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 officer;
(f) The procedure for the person to follow in
order to:
(i) Pay the civil penalty or contest the
citation for a first time offense pursuant to
subsection (7) ; or
(ii) Appear before the Contractors Examining
Board to answer a summons for a repeat offense;
and
4
(g) The applicable civil penalty if the person
elects not to contest the citation, which penalty shall
be pursuant to the following schedule:
Fine Schedule Violations
First Repeat
1. Falsely hold himself/ $150 $300
herself or a business orga-
nization out as a licensee,
certificate holder, or registrant.
§90(b) (1) (a)
2. Falsely impersonate 150 300
a certificate holder or
registrant.
§90(b) (1) (b)
3. Falsely present himself/ 200 400
herself as a certified or
registered contractor under
another person' s certificate
or registration.
§90(b) (1) (c)
4. Give false or forged 150 300
evidence to the Monroe
County Contractors ' Examin-
ing Board or a member there-
of for the purpose of obtaining
a certificate or registration.
§90 (b) (1) (d)
5. Use or attempt to use a cert- 200 400
ificate or registration which
has been suspended or revoked.
§90(b) (1) (e)
6. Engage in or advertise 250 500
himself/herself or organization
to be in the business or act in
the capacity of a contractor/
sub-contractor without being
duly registered or certified.
§90 (b) (1) (f)
7. Operate a business organi- 250 500
zation engaged in contracting
after 60 days following the
termination of its only qualify-
ing agent without designating
5
another primary qualifying agent.
§90 (b) (1) (g)
8. Conceal or cause to be con- 100 200
cealed, or assist in concealing
from the primary qualifying agent,
any material activities or informa-
tion about the contracting firm.
§90(b) (2) (a)
9 . Exclude or facilitate the 100 200
exclusion of any aspect of the
contracting firm' s financial or
other business activities from
the primary qualifying agent.
§90(b) (2) (b)
10. Knowingly cause any part 100 200
of the contracting firm' s acti-
vities , financial or otherwise,
to be conducted without the primary
qualifying agent' s supervision.
§90(b) (2) (c)
11 . Assist or participate with 100 200
any qualifying agent in the viola-
tion of any provision of this chapter.
§90(b) (2) (d)
12. Contracting by a property 150 500
owner of an uncertified or unreg-
istered contractor or subcontractor.
§90(b) (2) (c)
Said fine shall be paid to the Clerk for the County
Commission. An administrative fee for costs incurred
shall be assessed in the amount of the greater of 10%
of the fine or one hundred dollars ($100. 00) . Monies
collected pursuant to this section shall be set aside
in a specific account to support administrative costs
and future enforcement activities against unlicensed
contractors .
(5) Any party fined pursuant to this section may seek
review and reduction or rescission of said penalty by
6
appealing to the Contractor' s Examining Board for a
full meritorious hearing in accordance with provisions
of this Chapter for administrative hearings by filing a
notice for hearing with the Secretary of the
Contractors ' Examining Board within ten (10) days of
receipt of service of a citation.
(6) The Contractors ' Examining Board may impose an
administrative fine for the acts prohibited in sub-
sections 90(b) (1) and (2) upon a finding of violation
when a citation is contested. Pursuant to this para-
graph, the board shall conduct a probable cause hearing
as to the alleged violation. Upon a finding that
probable cause to believe such violation has occurred,
the board may impose a civil penalty of the amount
designated in the above schedule plus costs of the
proceedings , including but not limited to costs of
personnel, equipment and supplies necessary to process
the appeal, not to exceed $500 in addition to the fine
specified in subsection (4) (g) .
(7) The act for which the citation is issued shall be
ceased immediately upon receipt of the citation. The
person charged with the violation shall elect either to
correct the violation and pay the civil penalty in the
manner indicated on the citation or, within ten days of
receipt of the citation, exclusive of weekends and
legal holidays, request an administrative hearing
before the Contractors ' Examining Board to appeal the
7
issuance of the citation by the code enforcement
officer.
(8) If the fine is not paid within the time period
required above or ordered by the board upon appeal, and
if no extension has been granted by the board for good
cause shown, the board' s secretary shall advise the
board of the failure to pay and obtain approval to file
as a notice of lien in the official records of Monroe
County a certified copy of the order imposing the fine.
The lien may be foreclosed in accordance with Chapter
162, Florida Statutes and Chapter 6.3 Monroe County
Code.
(9) Upon any final judgment foreclosing such lien, the
court shall award to the board all costs as a result of
this violation including investigation costs , filing
fees , court costs , and reasonable attorney' s fees .
(10) In addition to or in lieu of any other remedies
provided above, the board may seek the imposition of a
civil penalty through the circuit court for any vio-
lation of the notice to cease and desist. The civil
penalty shall be no less than five hundred dollars
($500. 00) and no more than five thousand dollars
($5, 000 . 00) for each offense. The court shall award to
the board all costs as a result of this violation,
including investigation costs , filing fees , court
costs , and reasonable attorney' s fees .
8
•
The provisions of this section shall only apply to
the provisions of the code administered by the board
and the building department, and this section consti-
tutes the exclusive statement of the board' s authority
and jurisdiction.
Section 2. Section 6-68(c) (1) is hereby amended to read
as follows :
The proceedings at the hearing shall be recorded and
may be transcribed at the expense of the party request-
ing 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 provide legal
counsel to the Contractors Examining Board. All
testimony shall be under oath.
Section 3. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4 . All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5 . The provisions of this Ordinance shall be included
and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall
9
be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 6. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 28th day of September , A.D. , 1993.
Mayor London yes
Mayor Pro Tem Cheal _yes
Commissioner Freeman yes
Commissioner Harvey yes
Commissioner Reich yes
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MON : COUNTY, FLORIDA
C �,�
By By /�,
Deputy Cl ayor airman
EFFECTIVE DATE:
cebfinesi
APPROVED AS TO FORM
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•
FLORIDA C Y ORDINANCE:DATA-RE rRIEV STEM
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Instructions: Florida's Department of State, Bureau of Administrative Code has
developed the County Ordinance Data Retrieval System (CODRS) to facilitate the
tracking of County ordinances in Florida's 67 Counties. CODRS' data base is
composed of over 25,000 county ordinances enacted since 1974.
We request your cooperation in completing this coding form. It is to be completed
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Thank you for your assistance. Should you need further assistance please contact
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145
TEL. (305) 292-3550
October 8, 1993
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, FL 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 032-1993, amending Sec.
6-90,Monroe County Code, in order to provide authority to impose a monetary fine for
the violation of Cease and Desist Orders for the unlicensed practice of a profession
regulated by Chapter 6; Providing for authority to enforce the fines through the Court
system; revising Section 6-68(c), Monroe County Code to alter hearing procedures to
authorize the Building Official to act as a Prosecutor, to designate a building
department employee the Secretary to the Contractors Examining Board for disciplinary
Hearing purposes only; Providing for severability; Providing for repeal of all Ordinances
inconsistent herewith;Providing for incorporation into the Monroe County Code; and
providing an effective date.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in formal session on September 28, 1993. Please
file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C.DeSantis
Deputy Clerk
actioud. a.
S
Y '
cc: Municipal Code Corporation County Commission
County Administrator County Attorney
Growth Management Dir. Building Official
F •
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COD pm
FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
Tallahassee, Florida 32399-0250
(904) 488-8427
1
October, 12, 1993
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr . Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letters of August 8 , 1993 and
certified copies of Monroe County Numbers 93-25 through 93-32 ,
which were received and filed in this office on October 12 ,
1993 .
Sincerely,
Liz Clou , Chief
Bureau of Administrative Code
LC/mb
NW) 1O NG14
`1-13
BU: Ed Sl'10O:... E6.
MIL
as
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, September 28, 1993, at 3 : 00 p.m. at the Key Largo
Library, Key Largo, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the
following County ordinance:
ORDINANCE NO. -1993
AN ORDINANCE AMENDING SECTION 6-90, MONROE COUNTY CODE
IN ORDER TO PROVIDE AUTHORITY TO IMPOSE A MONETARY FINE
FOR THE VIOLATION OF CEASE AND DESIST ORDERS FOR THE
UNLICENSED PRACTICE OF A PROFESSION REGULATED BY
CHAPTER 6 ; PROVIDING FOR AUTHORITY TO ENFORCE THE FINES
THROUGH THE COURT SYSTEM; REVISING SECTION 6-68(c) ,
MONROE COUNTY CODE TO ALTER HEARING PROCEDURES TO
AUTHORIZE THE BUILDING OFFICIAL TO ACT AS PROSECUTOR,
TO DESIGNATE A BUILDING DEPARTMENT EMPLOYEE THE
SECRETARY TO THE CONTRACTORS EXAMINING BOARD FOR
DISCIPLINARY HEARING PURPOSES ONLY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE ; AND PROVIDING AN EFFECTIVE DATE
Pursuant to Section 286. 0105 , Florida Statutes , notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings , he will need a record of the proceedings , and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for
review at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 30th day of August, 1993 .
DANNY L. KOLHAGE
Clerk of the Circuit Court and
ex officio Clerk of the Board
LZ: Zd I- d3S £6. of County Commissioners of
Monroe County, Florida
(SEAL) udO:iai O J O3 iid
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, September 28, 1993 , at 3 : 00 p.m. at the Key Largo
Library, Key Largo, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the
following County ordinance:
ORDINANCE NO. -1993
AN ORDINANCE AMENDING SECTION 6-90 , MONROE COUNTY CODE
IN ORDER TO PROVIDE AUTHORITY TO IMPOSE A MONETARY FINE
FOR THE VIOLATION OF CEASE AND DESIST ORDERS FOR THE
UNLICENSED PRACTICE OF A PROFESSION REGULATED BY
CHAPTER 6 ; PROVIDING FOR AUTHORITY TO ENFORCE THE FINES
THROUGH THE COURT SYSTEM; REVISING SECTION 6-68(c) ,
MONROE COUNTY CODE TO ALTER HEARING PROCEDURES TO
AUTHORIZE THE BUILDING OFFICIAL TO ACT AS PROSECUTOR,
TO DESIGNATE A BUILDING DEPARTMENT EMPLOYEE THE
SECRETARY TO THE CONTRACTORS EXAMINING BOARD FOR
DISCIPLINARY HEARING PURPOSES ONLY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
Pursuant to Section 286. 0105, Florida Statutes , notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings , he will need a record of the proceedings , and that, for
such purpose , he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for
review at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 30th day of August, 1993 .
• y H 1DANNY L. KOLHAGE
, ; ,, Clerk of the Circuit Court and
ex officio Clerk of the Board
pf County Commissioners of
ZZ: Zd �- d3s £ onroe County, Florida
(SEAL) i80 i? 03 UUJ
Ad Hoc Committee
ORDINANCE NO. -1993
AN ORDINANCE AMENDING SECTION 6-90 , MONROE COUNTY CODE
IN ORDER TO PROVIDE AUTHORITY TO IMPOSE A MONETARY FINE
FOR THE VIOLATION OF CEASE AND DESIST ORDERS FOR THE
UNLICENSED PRACTICE OF A PROFESSION REGULATED BY
CHAPTER 6; PROVIDING FOR AUTHORITY TO ENFORCE THE FINES
THROUGH THE COURT SYSTEM; REVISING SECTION 6-68(c) ,
MONROE COUNTY CODE TO ALTER HEARING PROCEDURES TO
AUTHORIZE THE BUILDING OFFICIAL TO ACT AS PROSECUTOR,
TO DESIGNATE A BUILDING DEPARTMENT EMPLOYEE THE .
SECRETARY TO THE CONTRACTORS EXAMINING BOARD FOR
DISCIPLINARY HEARING PURPOSES ONLY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that :
Section 1 . Section 6-90(b) of the Monroe County Code is
hereby amended to read as follows :
(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
may issue and deliver a notice of cease and desist to
any person who aides and abets the unlicensed practice
of a profession by-his-e y3�ig and/or contracts with
such unlicensed person.
(1) Code enforcement inspectors acting under the
authority of Chapter 6 .3 of this Code are hereby
designated to enforce the following provisions against
persons who engage in activity for which county certi-
fication is required. No person shall: .
(a) Falsely hold himself or a business orga-
nization out as a licensee, certificate holder, or
registrant;
(b) Falsely impersonate a certificate holder or
registrant;
(c) Present as his own the certificate or regis-
tration of another;
(d) Give false or forged evidence to the board or
a member thereof for the purpose of obtaining a certif-
icate or registration;
(e) Use • or attempt to use a certificate or
registration which has been suspended or revoked;
(f) Engage in the business or act in the capacity
of a contractor (or subcontractor) or advertise himself
or a business organization as available to engage in
the business or act in the capacity of a contractor (or
subcontractor) without being duly registered or cer-
tified;
(g) Operate a business organization engaged in
contracting after 60 days following the termination of
2
its only qualifying agent without designating another
primary qualifying agent;
(h) Willfully or deliberately disregard or
violate any county ordinance relating to uncertified or
unregistered contractors.
(2) No uncertified or unregistered person associated
with a contracting firm qualified by the licensee under
this chapter shall:
(a) Conceal or cause to be concealed, or assist
in concealing, from the primary qualifying agent, any
material activities or information about the contract-
ing firm;
(b) Exclude or facilitate the exclusion of any
aspect of the contracting firm' s financial or other
business activities from the primary qualifying agent;
(c) Knowingly cause any part of the contracting
firm' s activities , financial or otherwise, to be
conducted without the primary qualifying agent' s
supervision; or
(d) Assist or participate with any qualifying
agent in the violation of any provision of this chap-
ter.
(e) Contract with an uncertified or unregistered
person for the performance of any construction con-
tracting activities requiring a certificate of compe-
tency under this Chapter .
3
•
(3) No owner of real property shall:
(a) Contract with an uncertified or unregistered
person; or
(b) Hire an uncertified or unregistered person
without providing all required insurance and taxes for,
and supervision of, employees . -
(4) Code enforcement inspectors as designated above
may issue a citation for any violation of subsection
90(b) (1) or (2) whenever, based upon personal inves-
tigation, the code enforcement officer 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 officer ;
(f) The procedure for the person to follow in
order to :
(i) Pay the civil penalty or contest the
citation for a first time offense pursuant to
subsection (7) ; or
4
(ii) Appear before the Contractors Examining
Board to answer a summons for a repeat offense;and
(g) The applicable civil penalty if the person
elects not to contest the citation, which penalty shall
be pursuant to the following schedule:
Fine Schedule Violations
First Repeat
1. Falsely hold himself/ $150 $300
herself or a business orga-
nization out as a licensee
certificate holder, or registrant.
§90(b) (1) (a)
2. Falsely impersonate 150 300
a certificate holder or
registrant.
§90(b) (1) (b)
3 . Falsely present himself/ 200 400
herself as a certified or
registered contractor under
another person' s certificate
or registration.
§90(b) (1) (c)
4. Give false or forged 150 300
evidence to the Monroe
County Contractors' Examin-
ing Board or a member there-
of- for the purpose of obtaining.
a certificate or registration.
00(b) (1) (d)
5 . Use or attempt to use a cert- 200 400
iticate or registration which
has been suspended or revoked.
§90(b) (1) (e)
6 . En a e in or advertise 250 500
himself/herself or organization
to be in the business or act in
the capacity of a contractor/
sub-contractor without being
duly registered or certified.
§90(b) (� (f)
5
7. Operate a business organi- 250 500
zation engaged in contracting
after 60 days following the
termination of its only qualify-
ing agent without designating
another primary qualifying agent.
§90(b) (1) (g)
8. Conceal or cause to be con- 100 200
cealed, or assist in concealing
from the vrimary qualifying agent,
any material activities or informa-
tion about the contracting firm.
§90(b) (2) (a)
9 . Exclude or facilitate the 100 200
exclusion of any aspect of the
contracting firm' s financial or
other business activities from
the primary qualifying agent.
§50(b) (2) (b)
10 . Knowingly cause any part 100 200
of the contracting firm' s acti-
vities , financial or otherwise!
to be conducted without the primary
qualifying agent s supervision.
§90(b) (2) (c)
11 . Assist or particiVate with 100 200
any qualifying agent in the viola-
tion of any provision of this chapter.
§90(b) (2) (d)
12. Contracting by a property 150 500
owner of an uncertified or unreg-
istered contractor or subcontractor.
§90(b) (2) (c)
Said fine shall be paid to the Clerk for the County
Commission. An administrative fee for costs incurred
shall be assessed in the amount of the greater of 10%
of the fine or one hundred dollars ($100 .00) . Monies
collected pursuant to this section shall be set aside
in a specific account to support administrative costs
and future enforcement activities against unlicensed
6
•
contractors .
(5) Any party fined pursuant to this section may seek
review and reduction or rescission of said penalty by
appealing to the Contractor ' s Examining Board for a
full meritorious hearing in accordance with provisions
of this Chapter for administrative hearings by filing a
notice for hearing with the Secretary of the
Contractors ' Examining Board within ten (10) days of
receipt of service of a citation.
(6) The Contractors ' Examining Board may impose an
administrative fine for the acts prohibited in sub-
sections 90(b) (1) and (2) upon a finding of violation
when a citation is contested. Pursuant to this para-
graph, the board shall conduct a probable cause hearing
as to the alleged violation. Upon a finding that
probable cause to believe such violation has occurred,
the board may impose a civil penalty of the amount
designated in the above schedule plus costs of the
proceedings , including but not limited to costs of
personnel, equipment and supplies necessary to process
the appeal, not to exceed $500 in addition to the fine
specified in subsection (4) (g) .
(7) The act for which the citation is issued shall be
ceased immediately upon receipt of the citation. The
person charged with the violation shall elect either to
correct the violation and pay the civil penalty in the
7
•
manner indicated on the citation or, within ten days of
receipt of the citation, exclusive of weekends and
legal holidays , request an administrative hearing
before the Contractors ' Examining Board to appeal the
issuance of the citation by the code enforcement
officer.
(8) If the fine is not paid within the time period
required above or ordered by the board upon appeal, and
if no extension has been granted by the board for good
cause shown, the board' s secretary shall advise the
board of the failure to pay and obtain approval to file
as a notice of lien in the official records of Monroe
County a certified copy of the order imposing the fine.
The lien may be foreclosed in accordance with Chapter
162, Florida Statutes and Chapter 6.3 Monroe County
Code.
(9) Upon any final judgment foreclosing such lien, the
court shall award to the board all costs as a result of
this violation including investigation costs , filing
fees , court costs , and reasonable attorney' s fees .
(10) In addition to or in lieu of any other remedies
provided above, the board may seek the imposition of a
civil penalty through the circuit court for any vio-
lation of the notice to cease and desist. The civil
penalty shall be no less than five hundred dollars
($500 . 00) and no more than five thousand dollars
($5 , 000 .00) for each offense . The court shall award to
the board all costs as a result of this violation,
8
including investigation costs , filing fees , court
costs , and reasonable attorney' s fees .
The provisions of this section shall only apply to
the provisions of the code administered by the board
and the building department, and this section consti-
tutes the exclusive statement of the board' s authority
and jurisdiction.
Section 2. Section 6-68(c) (1) is hereby amended to read
as follows :
The proceedings at the hearing shall be recorded and
may be transcribed at the expense of the party request-
ing the transcript. -For purposes of administrative
hearings only, the Building Official shall •resent 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 provide legal
counsel to the Contractors Examining Board. All
testimony shall be under oath.
Section 3 . If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4 . All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
9
Section 5. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 6. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the day of , A.D. , 1993 .
Mayor London
Mayor Pro Tem Cheal
Commissioner Freeman
Commissioner Harvey
Commissioner Reich
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST : DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By By
eputy er Mayor/Chairman
EFFECTIVE DATE :
cebfinesi
AFRRdVGD A3",
AND
r
10
•
'PROOF OF'PUBLICATION _
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE.OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared MARY LOU SOLLEBERGER who on oath, says that she is
FINANCIAL DIRECTOR of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in
MONROE COUNTY, FLORIDA;
that the attached copy of advertisement, being a NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE •
no.0448700
NOTICE OF INTENTION
IN THE MATTER OF AMENDING SECTION 6-90 TO CONSIDER ADOPTION
OF COUNTY ORDINANCE •
• NOTICE IS HEREBY GIVEN TO
' was published in said newspaper in the issues of SEPT. 4 & 11, 1993 WHOM IT MAY CONCERN
on Tuesday, September.m.'at thata,'
1993, at 3:00 p.m.'at the Key
Largo Library,Key Largo,Florida„
the Board of County Commis-
sioners-of Monroe County,Flori-
da,intends to consider the adop- '
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper tie Co the following County ordi-
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- ORDNACE ivo.-1933
AN ORDINANCE AMENDING
paper has heretofore been continuouslypublished in said MONROE COUN- SECTION6-9oMONROECouN-
P TY CODE IN ORDER TO PRO-;
VIDE AUTHORITY TO IMPOSE A
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been MONETARY
ONETALATION YFINE OR DTHESI VO-
ORDERS FOR THE UNLICENSED,
entered as second class mail matter at the post office in MARATHON, in PRACTICE OF A PROFESSION,
REGULATED BY CHAPER 6;
PRsaid MONROE COUNTY, FLORIDA,for a period of one year next preceding TO ENFORCE F. THE
THOFIN S
THROUGH -THE COURT SYS-
TEM;the first publication of the attached copy of advertisement; and affiant fur- 68(c), REVISING OE COUTNTY
CODE TO ALTER HEARING PRO-•
ZE-THE
ther says that he has neither paid nor promised any -person, firm, or corpo- BUIILDING OS FFICIAL TO ACTAS
PROSECUTOR, TO DESIGNATE
A BUILDING DEPARTMENT EM-
ration any discount, rebate, commission or refund for the purpose of secur- PLOYEE THE SECRETARY TO
THE CONTRACTORS EXAMIN-. •
ing this advertisement for publication in the said newspaper.(SEAL) HEA HEARING BOARD PURPOSESPL ONLY;
• PROVIDING FOR SEVERABILI-
TY;PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSIS •
-
TENT HEREWITH; PROVIDING-
FOR INCORPORATION INTO
THE-MONROE COUNTY CODE;
AND PROVIDING AN EFFECTIVE
DATE.
'Pursuant to Section 286.0105,
Florida Statutes, notice is given
that if a person decided to appeal
• any decision made by the Board
with respect to any matter con-,
sidered at such hearings or meet-
ings,he will need a record of the
proceedings, and that, for such..
purpose,he may need to ensure
that a verbatim record of the pro-
• ceedidngs is made,which record
includes the testimony and evi •
-
dence upon which the appeal is,
to be based.
Copies of the above-referenced
ordinance are available for review
SWORN TO AND SUBS RIBED BEFORE MEn THIS(, 14t h�1DAY OF SEPTEMBER A.D. 1993 at the various public libraries in.
1 I l i�•, V G V Monroe County,Florida.
1' 1 jj V DATED at Key West,Florida,this
7. ' .J I J )1 1`� 30th day of August,1993. '
DANNY L.KOLHAGE
Clerk of the Circuit,
-Court and ex officio
—_ --- --_— Clerk of the Board
of County Commissioners
('' (' of Monroe County Florida
60: 8 b EZ d3S �6. Fubieyst_4 n 1 e,19J3
Floridada Keys Keynoter
JON-ERIC EATON
;; �� D -i t] My Comm Exp. 5/27/97
NOTARY
Nt PUBLIC o Bonded By Service Ins
�' o. CC290087
OF F�° p iy Known l]ether L D.
f
,„
•
t__,
. 1
7‘e
w:reit
SERVING THE UPPER KEYS
DAGNY WOLFF FOR OVER 20 YEARS - _n
kci Editor&Publisher BOX 1197 • TAVERNIER, FLA.ii070? w =_
(305)852-3216 c) rn
C)
-n' n1
7:.... —O
PROOF OF PUBLICATION _ ON
STATE OF FLORIDA ) ?' -_
COUNTY OF MONROE ) '`
Before the undersigned authority personally appeared_DAGNY WOLFF
,who on oath,says that she is EDITOR&PUBLISHER
of THE REPORTER,a weekly newspaper published at Tavernier,Monroe County,Florida:
that the attached copy of advertisement,being a_LEGAL AD
IN THE MA1"1'hR OF NOTICE OF INTENTION
IN THE Court,was published in said
newspaper in the issues of 9/2 & 9/9/9 3
Affiant further says that the said REPORTER is a newspaper published
at Tavernier,in said Monroe County,Florida, and that the said newspaper has
heretofore been continuously published in the said Monroe County,Florida,
each week(on Thursday),and has been entered as second class mail matter at
the Post Office in Tavernier,in said County of Monroe,Florida, for a period of
one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that he has neither paid nor promised any firm, person,or
corporation any discount,rebate,commission or refund for the purpose of securing
this said advertisement for publication in the said newspaper.
,f% K �'
��
SEALL =/ �c,
SWORN TO A SUBSCRIB D BEFORE ME TEIIS
g - DAY OF SEPTEMBER A.D., 19
(�I.C��`'� mil:� i
r Lf�f�
NOTAR E- BJ..I�C •
_ _y
MY COMMISSION EXPIRES: CAR) P r;ri rW;).:
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.CC290915
MY COMMISSION EXP.JUNE 2,1997
-- - --
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE •
•
NOTICE IS-HEREBY GIVEN TO WHOM IT MAY CONCERN
that on Tuesday, September 28, 1993, at 3:00 p.m. at the Key Largo
Library, Key Largo, Florida, the Board of County Commissioners of
Monroe County,Florida,intends to consider the adoption of the following
County ordinance: - •
-
ORDINANCE NO. 1993
AN ORDINANCE AMENDING SEC.6-90 OF THE MONROE ,
COUNTY CODE,IN ORDER TO PROVIDE AUTHORITY TO IMPOSE
A MONETARY FINE FOR THE VIOLATION OF CEASE AND DE--
SIST ORDERS FOR THE UNLICENSED PRACTICE OF A PROFES •
-
SION REGULATED BY CHAPTER 6;PROVIDING FOR AUTHOR-
ITY.TO ENFORCE THE FINES THROUGH THE COURT SYSTEM; '
REVISING SECTION 6-68(c),MONROE COUNTY CODE TO ALTER
- HEARING PROCEDURES TO AUTHORIZE THE BUILDING OFFI-
CIAL TO ACT AS PROSECUTOR,TO DESIGNATE A BUILDING
DEPARTMENT EMPLOYEE THE SECRETARY TO THE CONTRAC-
• TORS EXAMINING BOARD FOR DISCIPLINARY HEARING PUR-
- POSES ONLY;SEVERABILITY;PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR-
INCORPORATION INTO THE MONROE COUNTY CODE; AND
PROVIDING AN EFFECTIVE.DATE.
•
Pursuant to Section 286.0105,Florida Statutes,notice is given that if •
a person decided to appeal any decision made by the Board with respect to_
• any matter considered at such hearing or meeting,he will need a record of
the proceedings,and that,for such purpose,he may-need to ensure that a
verbatim record of the proceedings is made,which record includes the
- testimony and evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for review at
the various public libraries in Monroe County,Florida.
DATED at Key West,Florida,this 3Q day of August,1993. •
DANNY L.KOLHAGE :
• .. Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners •
• • of Monroe County,Florida •
Published:9/2 and 9/9/93 -The Reporter - - - - -
Tavernier,FL 33070 . - •
•
4.
c -
The Key West Citizen SEP 1 6 1993
Published Daily
Key West, Monroe County, Florida 33040
•
STATE OF FLORIDA
COUNTY OE MONROE:
Before the undersigned authority personally appeared Randy Erickson, who on oath
says that he is Advertising Manager of The Key West Citizen, a daily newspaper published
at Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice
in the matter of NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY
ORDINANCE SECTION 6-90
in the court, was published in said newspaper in the
issues of
SEPTEMBER 5 Q I 119 -�
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail matter at the post office in
Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that he has
neither paid nor promised any person,firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said
newspaper.
(Signature of Affiant)
Sworn to and subscribgd t3f criic t 0 day of , 993.
HIS )I 13 G
•�L �IY�',, „PN N Vy
• - nnN �6. (Signature of Notary Public)
917: tlH
SEAL i4117)7ARY Plit7LMLC S ATE O FLOMA Bette J. Push
(Name of Notary Public)
Expires:-
Personally Known . or Produced Identification
Type.of Identification Produced •
1
NOTICE OF INTENTION TO CON- 1
SIDDR ADOPTION ANOF COUNTY- t
•
1 •NOTICE IS HEREBY GIVEN TO
WHOM IT MAY rCb CONCERN 1993,
thhat on
Tuesday, September p
3:00 p.m. at the Key Largo Library,
Key Largo, Florida, the Board of
County Commissioners of Monroe
County, Florida, intends to consider
the adoption of'the following County
ordinance:
ORDINANCE NO.-1993
AN ORDINANCE AMENDING SEC •
-
TION 6-90, MONROE COUNTY
CODE IN ORDER TO PROVIDE AU-
THORITY TO IMPOSE A MONE- -
TARY FINE FOR THE VIOLATION ,
• 'OF CEASE AND DESIST ORDERS
FOR THE UNLICENSED PRACTICE
OF A PROFESSION REGULATED
BY CHAPTER 6; PROVIDING FOR ':,':
AUTHORITYTTQ_-"EN1=0,RCE THE
FINES THRObG.H•THE COURT
SYSTEM; REVISING'.81tTION 6-
_r, ;
68(c),MONROE COUNT`(CODE TO
ALTER HEARING PROCEDURES j
OFFICIAL TOIZE—ACTT_
PROSECU-
TOR, TO DESIGNATE A BUILDING
DEPARTMENT EMPLOYEE THE
SECRETARY TO THE CONTRAC- '
•
' TORS EXAMINING BOARD FOR
• DISCIPLINARY HEARING P,UR-'
POSES ONLY; PROVIDING FOR
. SEVERABILITY.; PROVIDING FOR
REPEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH; PRO-
VIDING
N
IN THE
TO E MONROER ECOU OY
CODE; AND PROVIDING AN EF-
FECTIVE DATE Flor
Pursuant to Section 286.0105,
ida Statutes, notice is given that if a .
person decided.to appeal any deci- ,
sion made by the Board with respect ,
to any matter considered at such •
hearing or meetings, he will need a ,
record of the proceedings, and that; ,
for such purpose,he may need to en-
sure .that a verbatim record of the
proceedings is made, which record
includes the testimony and evid o evidence
upon which the, appeal
based.
Copies of the above-referenced ordi=
nance are available for review at the
various public libraries in Monroe
County,Florida.
.DATED at Key West, Florida, .this
• 30th day of August, 1993.
DANNY L..KOLHAGE
Clerk of
Clerk lit Court f of the Board o
c County
Commissioners of Monroe CF uo d
Se tember 05&12,1993 -- -j ..
0474dSZ•i 773