Ordinance 025-1998 Contractors Examining Board
ORDINANCE NO 025 -1998
AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 6, ADDING THREE
PUBLIC MEMBERS TO THE CONTRACTORS EXAMINING . BOARD; PROVIDING
AUTHORITY FOR THE FINE FOR UNLICENSED ACTIVITY TO BE REDUCED TO NO LESS
THAN $100; 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 EgEGBVE2 '?9
DATE = -"x p* FL'
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE Y1TY, TLORgA,
--tnQ -17
that: :<-..f=
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Section 1. Section 6-83, Monroe County Code is hereby amendine byrnacangie
following:
(7) Three (3) 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.
Section 2. Section 6-84(a), Monroe County Code is hereby amended to read as follows:
(a) The examining board shall consist of eight (8) regular voting members
and one (1) alternate voting member appointed by the board of county
commissioners. The building official or his designated agent shall serve as secretary to
the board and shall have no vote. Legal counsel shall be furnished by the county
attorney or his designated representative. The members of the board shall be
proportionately representative of the trade or trades 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 (8)
regular member composition shall, at all times, include at least one (1) representative
from each of the Lower, Middle and Upper Keys of Monroe County. No member of
the examining board shall receive any compensation for duties involved.
Section 3. Section 6-84(b), Monroe County Code is hereby amended to read as follows:
(b) No officer, director or administrator of a Florida state, county or regional
professional or occupational organization or association, while holding such position,
shall be eligible to serve as a member or the examining board for the profession or
occupation. Each regular member who is a licensed contractor shall have five (5)
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 alternate member
shall be a prior member of the contractor's examining board and shall be currently
involved as a licensed contractor.
Section 4. Section 6-87(d) is hereby amended to read:
(d) Five (5) members of the board shall constitute a quorum at any meeting, and
a majority vote of the members voting shall be required to make any decision.
Section 5. Section 6-90(b)(6), is hereby amending by adding the following:
is hereby amending by adding the following:
(6) The contractor's examining board may impose an administrative fine for the
acts prohibited in paragraphs (1) and (2) upon a finding of violation when a citation is
contested. Pursuant to this paragraph, the board shall conduct a probable cause
hearing as to the alleged violation. Upon a finding that a violation, has occurred the
board shall impose a civil penalty of no less than one hundred dollars ($100.00) or no
more than the amount designated in the above schedule and may assess costs of the
proceedings, including but not limited to costs of personnel, equipment and supplies
necessary to process the appeal, not to exceed five hundred dollars ($500.00) in
addition to the fine specified in paragraph (4)g.
Section 6. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
,
Sectiori 8. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 9. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with
said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 9th day of September, 1998.
Mayor Jack London yes
Commissioner Keith Douglass yes
Commissioner Shirley Freeman yes
Commissioner Wilhelmina Harvey yes
Commissioner Mary Kay Reich yes
(SEAL)t_ ,.,; , �t �.1 BOARD OF COUNTY COMMISSIONERS
' j
Attest: DAN �,' . ��-` GE, Clerk OF MON COUNTY, FLORIDA
By � By
Deputy Clerk Mayor/Chairman
jordiceb8a
APPROVED AS TO FOR
AND L SUFFICI
BY
ANNE TON
DATE /67F4 .Y
.ann!' I. Itolbage
!
J$'omCE
88820 OVERSEAS GHW A Y
PLANTATION KEY, FLO DA 33070
TEL. (005) 852-7145
FAX (305) 852-7146
BRANCH OFFICE
3117 OVERSEAS ffiGHWA Y
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY :
500 WHITEHEAD SlREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
October 6, 1998
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:.
Enclosed please find a certified copy of Ordinance No. 025-
1998 amending Monroe County Code 6, adding three public members
to the Contractors Examining Board; providing authority for the
fine for unlicensed activity to be reduced to no less than $~OO;
Providing for severability; Providing for the repeal of all i
Ordinances inconsistent herewith; providing for incorporation
into the Monroe County Code of Ordinances; 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 9, 1998. 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
'-~J,~"L L. Du~ ct-4~)
Deputy Clerk'
cc: Municipal Code Corporation
County Administrator
County Attorney
Growth Management Director
Community Services Director
File
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UNITED STATES
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DP"ISIONS OF FLORIDA DEPARTMENT OF STATE
Office of !l:Je Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET FWRIDA DEPARrMENT OF STATE
Sandra B. Mortbam
Secretary of State
DIVISION OF ELECTIONS
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RING LING MUSEUM OF ART
October 12, 1998
Honorable Danny L Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
your five letters dated October 6, 1998 and certified copy each of Monroe County
Ordinance No. 98-25, 98-26, 98-27, 98-28, and 98-29, which were filed in this office
on October 12, 1998.
Sincerely,
Liz~e~
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The ElIiot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us
MUN!CIPML CUDL L0K~UKM' IJ~
C'Jsto~pr Service;;
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ST A TE OF FLORIDA
COUNTY OF MONROE
Before the undersigned ~uthority personally appeared Randy G. Erickson, who on oath says that
he is Advertising Director 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 I
. NoticE OJ: -;t;vjfrv1/c;w AD[)H~.A,- 1H~~'i..
Pv..- (!, tA.,( vY-> t jh') 8 t .es
In the r/Gc.,... Courtr~a~'yblished in said newspaper in the issues of
/fit?'" s.+ I? J ;)'I} I VI <1,Jf
Affiant further says that The Key West Citizen is a newspaper published in 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 a 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 ~r---
Signature of Affiant
Sworn and subscribed before me this (1J- day of ~ ' 1998
1~nal!:t'iry ~~.
Notary Seal
Expires September J 7th 2000
Personally ~nown X Produced Identification
Type of JdcntificaliOl, Produced
......;J~~:f;;.""" '
!":'A' "~0\ Teresa Gayle Dar/ing
-'. '.. MY
~~" .~~l COMMISSION # CC585942 EXPIRES
'I.(;,...~,.~ SePtember 17, 2000
..""fl" BONDED THRU TROY FA
IN INSURANCE, INC.
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
• ORDINANCE
NOTICE IS' HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, September 9, 1998, at
110:00 AM at the;Marathon Govern-
ment Center,2798 Overseas High-
way, Marathon, Monroe County,
Florida, the Board of County Corn-
missioners of Monroe County, Flor-
ida, intends to consider the adoption
of the following County ordinance: '
;AN ORDNANCE AMENDING MON-
ROE COUNTY CODE CHAPTER 6,
ADDING THREE PUBLIC MEM-
BERS TO THE CONTRACTORS EX- i
IAMINING BOARD; PROVIDING ,
FOR AUTHORITY FOR THE FINE
j FOR UNLICENSED ACTIVITY TO
BE REDUCED TO NO LESS THAN°
r$100; PROVIDING FOR SEVER-
'ABILITY;PROVIDING FOR THE RE-
PEAL OF ORDINANCES INCON-
SISTENT HEREWITH; PROVIDING
FOR INCLUSION IN THE CODE OF
ORDINANCES; PROVIDING FOR
AN EFFECTIVE DATE.
' Pursuant to Section 286.0105, Flor- •
ida Statutes, notice is given that if a
, person decides to appeal any deci-
sion 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 en-
sure that a verbatim record of the '
I proceedings is made, which record '
includes the testimony and evidence
upon which the appeal is to be
' based.
Copies of the above-referenced ordi-'
i nance are available for review at the
various public libraries in Monroe
County,Florida. -
DATED at Key West,this 17th day of
August,1998. •
DANNY L.KOLHAGE
Clerk of the Circuit Court and ex offi-
cio Clerk-of the Board of_County. ,
Commissioners of Monroe County, ,
Florida
August 17th&21 st.199R _- _ -
. 074
Serving the Florida Keys
P.O. Box 1197 • Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249
STATEMENT OF PROOF OF PUBLICATION
USPS#905580
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is
PUBLISHER of THE REPORTER, a weekly newspaper entitled.to publish legal advertising published
at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad.
NOTI.CE OF INTENTION TO CONSIDER, 8/20.&18/27/98
Affiantfurther 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 she 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.
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 27TH DAY OF AUGUST, A.D. , 1998
NOTARY PUBLIC
oak, DAVEE R DOVE
MY COMMISSION EXPIRES: -+- my commjs�s(on(rm:418n
*.Z5I -rr•* Expires Feb.05,1999
8 :;? Bonded by ANB
�41E0?Ft0) 800-852-5878
r
NOTICE OF INTENTION
TO CONSIDER ADOP-
TION OF COUNTY
ORDINANCE
NOTICE IS HEREBY
GIVEN TOWHOMIT
MAY CONCERN !halon
Wednesday. SePtember 9,
1998. allO:OO AM at the
Marathon Government
Cenler, 2798 Overseas
Hig/1wlly, Mirathon,
Monroe County. florida, the
Board of County Commis-
sioners of Monroe County.
Florida, intends to consider
the adoption of the .
following County ordinance:
AN ORDINANCE
AMENDING MONROE
COUNTY CODE CHAP-
TER 6. ADDING THREE
PUBLIC MEMBERS TO
THE CONTRACTORS
EXAMINING. QOARD;
PROVIDING AUTHORITY
FOR THE FINE FOR
UNLICENSED ACTIVITY
TO BE REDUCED TO NO
LESS THAN $100;
I'ROVIDING FOR
SEVERABILITY;
PROVIDING FOR THE
REPEAL 01' ALL .
ORDINANCES INCONSIS-
TENT HEREWITH;
PROVIDING FOR
INCORPORATION INTO
THE MONROE COUNTY
CODE OF OIU>INANCES;
AND PROVIDING AN
EFFECTIVE DATE
Pursuanl 10 Section. .
286.0IOS. Florida Statutes.
nOlice is given that if a
pl:lSOn decided to appeal any
decision made by the Board
with respcc:t.t<l lliy malter
considerec,tat such he~ings
or m~~lM: Will need 10
. ens~;lI\ldi.Verbatim record
of~P~hgs i~made.
whiChr'eeofd includes the
lestimonyl\tld evidence
upQI1 which the appl:al is 10
be based.
Copies of the above-
referenced ordinance are
available for review at Ihe
various public libraries in
Monroe Counly. Florida.
Dated at Key West, Florida,
this 17th day of August,
1998.
DANNY L. KOLHAGE,
Clerk of the Circuit Court
and ex-ofticio Clerk ofthe
Board of Counly Commis-
sioners of Monroe Counly.
Florida
Published: 8/20 It 8/27/98
The Reporter
Tavernier, FL
PROOF OF PUBLICATION
'" _...
.... .
THE FLORIDA KEYS KEYNOTER
Pu blished Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
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. . II Tom Schumaker . h W ~ .
Before the underSIgned authority personay appeared _________~_____ who on oat ,says<Dat he/she IS
"'"
STATE OF FLORIDA )
COUNTY OF MONROE)
Publisher
of the FLORIDA' KEYS KEYNOTER, a twice weekly newspaper published at MARATHON.
Notice of Intention
-------------
in MONROE COUNTY. FLORIDA; that the attached copy of advertisement, being
to Consider Adoption of County Ordinance - ~ontractor's Board
in the
IN THE MATTER OF:
August 22, 29, 1998
__=~_~ ('"~lIl't Will published in said newspaper in t~! ~~_sues of
-_..__.._---_......~----------..-----
-----------------------------
AlIiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, iQ said MONROE COUNTY, FLORIDA, and that the said news-
paper has heretofore been continuously published in said MONROE COUN-
TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been
entered as second class mail matter at the post office in MARATHON, in
said MONROE COUNTY, FLORIDA, for a period of one year next prccedinl
the first publication of the attached copy of advertisement; and alfiantfur-
ther says that he has neither paid nor promised any person, firm, or corpo-
ration any discount, rebate, commission or refund for the purpose of secur-
ing this advertisement for publication in the said newspaper.(SEAL)
(seal)
SWORN TO AND SUBSCRIBED BEFORE ME THIS 31st
DA Y OF
August
A.D. 19 98
--------------
:..
----------------.
1 no.8220aoQ ,
~.==li
COUNTY ORDINANCE
.~'.:t~~N~
. r tit ,::.lttfJl:-:'::--::
them Government CMteI'. 2798
~lr":C~~~
&o.d of eounw.Commi..iDn-
.... of UQnroe eo..nty. FloridIl.
=.:~~~~
~.diMnce:
',~'N~~=
:~MEM""S TO THE
, CONl'RACTOR$:.E)(AMINtNG
t~':flYJ:W:t...~:
'UNSED ACTIVITY TO BE AE-
. DUCED TO NO US$ THAN
.5100; PRGMDING FOR $EV-
ERA8lUTY: PROVIDING FOR
""THE . Ra'EAL c:w All 0RDf;.
.'NANCES . INCONSISTENT
HEREWITH: PAOVlOI~ FOR
.I1\ICORPORATION >INTO THE
.~ COUNTY COOE Of:'
~N<lE8;N1D PROVIO-
.~ANEf'FEf:TtVE DATE.
-:- ~ ..- .. . '.. -' . ..- . . . .
F~.to $ectiC.n 2B8;0105.
. Iciride Statutes..~ Is giv8n
that if a perSOtl -.:ided to ap-
~lInY dec:isio!t:made by the
tarCol'=~tg...~~
~~afMClfd.
~. ;::::'=
-an.... .... a wrbatim record of
thaPfClC4Mldinosil!m.. which
.ftCOrdo inc:luINstha testimony
IIl'ld avidei1Ctt upon. Wbichtha
appeal iuo be based.
~~.':,~~~
view at the vario... public librar-
ies in Monroe County. FIDrida.
Datad .at Key W..t. Florida. this
17th day of August. 1998..
DANNY l KOlHAGE.
Clerk of the Circuit Court
and ax officio Clark of the Bolll'd
of County Commissioners of
Monroe County. Floride
Publish August 22. 29. 1998.
Florida Keys Keynoter .