Ordinance 007-2004 (Affidavit)
AFFIDA VIT
At the BOCC meeting of May 19, 2004, the Board rescinded Ordinance
No. 003-2004 (adopted on 02/18/04) and the subsequent request to amend
Ordinance No. 003-2004 by approving a differentformat of the Ordinance - (see
Ordinance No. 007-2004 adopted 04/21/04.)
Due to further revisions that are to be made to the above Ordinances, this
office was instructed not submit the above to the Secretary of the State for
incorporation into the Monroe County Code of Ordinances.
This office has been advised by the County Attorney's Office that they will
re-agenda this matter at a future BOCC meeting through a public hearing
process with a new and improved Ordinance which will clarify the record.
~Q. ~'ftJ~
Isabel C DeSantis, Deputy Clerk
May 20,2004
,
ORDINANCE NO. 007 - 2004
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 003-2004,
WHICH AMENDED SECTION 6-56, MONROE COUNTY CODE,
BUILDINGS AND CONSTRUCTION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a public hearing was held on February 18, 2004 and Ordinance
No. 003-2004 was passed, deleting certain specialty contractor categories and
grandfathering in those contractors already licensed in said categories; and
WHEREAS, it has been determined that the format of Section 5 of Ordinance
No. 003-2004 may be confusing to the Municipal Code Corporation which
incorporates ordinances into the Monroe County Code; and
WHEREAS, it is desired to render Section 5 in a format which can be easily
incorporated into the County Code; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Ordinance No. 003-2004 shall be amended as Ordinance No. 003A-2004
and shall provide as follows:
Section 2. Sec. 6-56(1), Monroe County Code, is hereby amended to read:
Engineering:_
(1) A Class I General engineering contractor may perform the following
work:
a. Construct foundations including the excavating, forming and
placing of reinforcing steel and concrete and perform other incidental work
thereto; and
b. Other concrete and engineering work, including but not limited
to, harbors, docks, excavating, filling and grading, drainage, pile driving,
levees, pumping stations, and similar types of work in conjunction with water
power, water control, waterworks and water supply, paving and sidewalks,
curbs and gutters, streets and roads, bridges and overpasses and underpasses
in streets, roads and public thoroughfares, underground sewage collection and
disposal systems, bulkheading and underground utility line construction, both
sanitary and storm sewer systems and similar work.
Section 3. Sec. 6-56 Engineering (3), is hereby created to read:
(3) No person not previously certified as a Class I General Engineering or as
Class II, Specialty Engineering Contractor in the subclasses pipeline, pile
drivi p g and foundation, seawall and small dock, fuel transmission and
distribution line, and hydraulic dredging, as of February 18, 2004, shall be
certified as a Class I General Engineering or Class II Specialty Engineering
Contractor after February 18, 2004. However, the Contractors Examining
Board shall continue to certify and regulate those Class I and specified Class
II Engineering Contractors who were certified on February , 2004, provided
that said engineering contractors maintain their certificates of competency in
good standing pursuant to this chapter and rules promulgated hereunder.
Section 4. Sec. 6-56 Engineering (3), is hereby renumbered as Sec. 6-56(4).
Section 5. Sec. 6-56 is hereby amended by the deletion of Sheet metal contractor.
Section 6. Sec. 6-56 Specialty Contractors (35) is hereby amended to delete
certain categories for testing and to read as follows:
(35) Testing, except for administrative exam, shall not be required for licensing in
the specialty trades enumerated provided the applicant has had at least two (2) years'
experience in the field, demonstrated to the satisfaction of the licensing board, for the
following specialty trades:
Acoustical ceiling
Aluminum specialties
Cabinet and millwork
Drilling auger
Fence erection
Flooring
Garage door opener/installation
Heating, ventilation and A/C duct installation
House setter
Insulation
Landscaping
Masonry
Mobile home maintenance and repair
Mobile home set-up and tie-down
Painting and decorating
Plastering
Satellite, TV antenna, telephone and other communications equipment installation
Septic tank cleaning
Solar window tinting
Steel reinforcing and iron
Tile, marble and terrazzo
The following list of specialty trades shall always require testing for purposes of licensure:
Asphalt sealing and coating
Burglar alarms
Demolition
Drywall
Fire Alarm
Glazing
Lawnsprinkler
Low Voltage
Sign electrician
Sign erection
Structural steel erection
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Waterproofing and roof painting
Section 7. Sec. 6-56, is hereby amended by adding after Specialty Contractors
(41) the following:
Commencing February 18, 2004, no person not previously certified as a
specialty contractor in the following specialty list as of February 18, 2004,
shall be certified in the following specialty list after February 18, 2004.
However, the Contractors Examining Board shall continue to certify and
regulate those contractors who continue to maintain their certificates of
competency in good standing pursuant to this chapter and rules promulgated
hereunder the following specialty trades:
gasoline tank and pump
gunite and sandblasting
house moving
solar products
swimming pool servicing
thatched structure
welding
Section 8. Sec. 6-62 Reciprocity is hereby amended to read as follows:
Every person who, under the terms of this article, is required to hold a
certificate of competency, and who has written proof from the City of Key
West, Florida, Building Department, or other county or municipality in the
State of Florida, stating that the applicant has scored a minimum grade of
seventy (70) percent on an independent examination agency which is
designated by the Contractors Examining Board may, upon payment of a $25
application fee, seek a reciprocal certificate of competency to be qualified to
conduct construction in Monroe County. Examination corresponding and
equivalent to any examination required for an existing category licensed under
this chapter and proctored by the examination agency shall be entitled to a
certificate of competency without examination; but such certificate shall be
subject to any restrictions and limitations carried by the current county
certificate and shall entitle the holder of such certificate to do business only in
the unincorporated areas of the county. The equivalency of the examinations
shall be determined by the Contractors Examining Board. All prerequisites,
other than testing, for a certificate of competency shall be met prior to
issuance of a reciprocal certificate. The terms of this section apply solely to
reciprocity with such counties and municipalities providing reciprocity to
contractors who hold a certificate of competency issued by Monroe County.
the examinations must be been conducted for the licensure by the particular
county or municipality with which Monroe County has a reciprocal agreement.
Section 9. Sec. 6-63 Fees is hereby amended to read:
(a) The board shall recommend to the Board of County Commissioners
reasonable fees to be paid for application, examination, certification and
renewal, and recordmaking and recordkeeping. Effective October 1, 1993, the
fees shall be established as follows:
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General Contractor $200.00
Building Contractor 150.00
Residential Contractor 150.00
Engineering Contractor I 200.00
Engineering Contractor II 150.00
Engineering Contractor III 150.00
Mechanical, Plumbing and Electrical Contractors 150.00
All other Contractors, including Specialty Trades 150.00
Master (Plumbing, Electrical and Mechanical) 100.00
Journeyman (Plumbing, Electrical and Mechanical) 70.00
Apprentice 30.00
Examination Fees:
Business and Law Exam 55.00
All Hour Technical Exams 155.00
The renewal fees shall cover two (2) years, and the certificate of competency
shall be issued for two (2) years. The renewal fees shall be due on October 1
of each odd-numbered year and shall be delinquent on November 1 of that
same year. The penalty for late renewal on or after November 1 of each odd-
numbered year, but prior to the expiration of twelve (12) months thereafter,
shall be forty dollars ($40.00). Upon expiration of one (1) year more after
October 31 of the year when the renewal fee is due, the contractor shall
appear before the Contractors Examining Board for assessment of the
appropriate renewal fee and need for reexamination pursuant to section 6-65.
Should an initial certificate of competency be issued subsequent to October of
any odd-numbered year and prior to October 1 of the next odd-numbered
year, the fees listed above shall be prorated on the basis of quarterly, or six-
month, increments of the two-year license period. Reduction of fees for
certifications issued for period of less than two (2) years shall be as follows:
Periods Reduction of Fee
October 2, odd year, to April 1, even year 00/0
April 2, even year, to October 1, even year 25%
October 2, even year to April 1, odd year 50%
April 2, odd year, to October 1, odd year 75%
(b) Honorary certificates shall be issued without charge to any person over
sixty (60) years of age providing that said person holds any of the above said
licenses in the county. Thereafter, said person will not be permitted to engage
in business without first paying all renewal fees necessary to make said license
current.
Section 10. Sec. 6-65 Reexamination may be required for renewal or reinstatement
is hereby amended to read:
a) Where a certificate of competency has been revoked or has expired or
lapsed for any reason, the board:
(1) May require complete reexamination before a certificate of competency
is renewed or reinstated.
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(2) Require a fee of five hundred dollars ($500.00) or a fee equal to five (5)
years of renewal fees in the certificate holder's particular category, whichever
is less.
(3) After five (5) years of a certificate of competency being lapsed, the
applicant shall be reexamined.
b) Where a certificate of competency is no longer issued for a trade other
than contractors who have continuously maintained their certificate of
competency in good standing, a contractor shall not be permitted to reinstate
an expired, revoked, or lapsed certificate.
Section 11. 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 12. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 13. 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 14. 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 21st day of April, 2004.
Mayor Nelson absent
Mayor Pro Tern Rice yes
C missioner McCoy yes
�,�,��%.nlss7aner Neugent yes
,issi sl er Spehar yes
r5 AL:� } BOARD OF COUNTY COMMISSIONERS
Wtte'st ' Yt1 KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
0 _
B Fa' _,, /. CO CO; By
'' 3'eptity Clerk Mayor/Chairperson
JordCEBCert2
MONROE COUNTY TORNEY
1.PPROVEL F .
ter/
SUZ NNE. A. HUTTON
ASSISTANT COU 2,Y ATTORNEY
____Dato.,... �7 /`I/
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FLORIDA COUNTY ORDINANCE DATA RETRIEVAL SYSTEM (CODRS)
CODING FORM
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 whenever
your county enacts a new ordinance. Simply complete this form and include it with other
pertinent ordinance information that is submitted to the Bureau of Administrative Code.
To code this form properly, please refer to the "keyfields" description sheet that has been
given to your County Attorney's Office. If you do not have this sheet please contact the
Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form
as completely as is possible.
Thank you for your assistance. Should you need further assistance please contact the Bureau
of Administrative Code, Department of State at (850)488-8427 or Suncom 278-8427.
COUNTY: ( MONROE ) COUNTY ORDINANCE # (007 - 2003)
PRIMARY KEYFIELD
DESCRIPTOR: ( CONSTRUCTION )
SECONDARY KEYFIELD DESCRIPTOR: ( BOARDS/COMMITTEES )
OTHER KEYFIELD
DESCRIPTOR: ( )
ORDINANCE DESCRIPTION: ( SPECIALTY CONTRACTORS )
(25 characters maximum including spaces)
ORDINANCES AMENDED: (List below the ordinances that are amended by this legislation. If more
than two, list the most recent two.)
AMENDMENT # 1: ( 6-56 MCC ) AMENDMENT # 2: ( )
ORDINANCES REPEALED: (List below the ordinances that are repealed by this legislation.)
REPEAL # 1: ( ) REPEAL # 3: ( )
REPEAL # 2: ( ) REPEAL # 4: ( )
(Others repealed: List all that apply):
(FOR OFFICE USE ONLY): COUNTY CODE NUMBER: ( )
'KEYFIELD 1 CODE: ( ) KEYFIELD 2 CODE: ( )
KEYFIELD 3 CODE: ( ) Rev. 4/10/01