Item T2
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Wednesday, March 20, 2002, at 3:00 PM at the Marathon Government
Center, 2798 Overseas Highway, Marathon, Monroe County, FlorIda, the
Board of County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING SEC. 6-66(7), MONROE COUNTY CODE, IN
ORDER TO INCLUDE IN MISMANAGEMENT OR MISCONDUCT SUCH ACTIVITY
AS CAUSES FINANCIAL HARM TO SUBCONTRACTORS AND DEFINING
MATERIAL DIVERSION FROM SPECIFICATIONS AND PLANS; 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
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 15th day of February, 2002.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Publication dates:
Reporter 3/1 - 8
Keynoter 3/2 - 9
Citizen 3/3 - 10
/cL
Contractors Examining Board
ORDINANCE NO.
- 2002
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING seC. 6-66(7), MONROE COUNTY CODE, IN
ORDER TO INCLUDE IN MISMANAGEMENT OR MISCONDUCT SUCH ACTIVITY AS
CAUseS FINANCIAL HARM TO SUBCONTRACTORS AND DEFINING MATERIAL
DIVERSION FROM SPECIFICATIONS AND PLANS; PROVIDING FOR
SEVERABIUTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE
BE IT ORDAINED BY THE BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY,
FLORIDA:
Section 1. Section 6-66(7), MCC is hereby amended by adding the following:
(7) Commit mismanagement or misconduct in the practice of contracting that causes
financial harm to a customer. Financial mismanagement or misconduct occurs when:
(a) Valid liens have been recorded against the property of a contractor's
customer for supplies or services ordered by the contractor for the customer's job; the
contractor has received funds from the customer to pay for the supplies or services; and
the contractor has not had the liens removed from the property, by payment or by bond,
within 75 days after the date of such liens;
(b) The contractor has abandoned a customer's job and the percentage of
completion is less than the percentage of the total contract price paid to the contractor
as of the time of abandonment, unless the contractor is entitled to retain such funds
under the terms of the contract or refunds the excess funds within 30 days after the
date the job is abandoned; or
(c) The contractor's job has been completed, and it is shown that the
customer has had to pay more for the contracted job than the original contract price, as
adjusted for subsequent change orders, unless such increase in costs was the result of
circumstances beyond the control of the contractor, was the result of circumstances
caused by the customer, or was otherwise permitted by the terms of the contract
between the contractor and the customer; or.
Cd) The contractor's iob has been abandoned. or completed and the contractor
has been paid in full. and it is shown that a subcontractor on the iob has not been paid in
full.
Section 2.
Section 6-66(4), MCC is hereby amended by adding the following:
(4) To depart from or disregard in any material respect the plans or specifications of
a construction job without the consent of the owner or his duly authorized representative.
Material diversion from specifications or plans means such construction which is not in
conformity to the plans and specifications of a construction iob and which would. if the
customer were the purchaser of a completed house. commercial building. or other
structure. affect the customer's willingness to purchase the structure and which would be
a basis for reasonable parties to decrease the purchase price.
Section 4.
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 5.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 6.
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 7.
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
2002.
Mayor Charles McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
JdordCEB02
DATE