www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 24, 2015
February 24, 2015 - Regular Meeting
Agenda Item #32


Subject
Ordinance No. 15-15 Relating to Unlicensed Contracting

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Maureen S. Sikora, Assistant County Attorney

C.J. Dupré, Building Official, Building and Development Services Department

Jeff Bowman, Chief Code Enforcement Officer, Building and Development Services Department



Action Requested
Motion to approve Ordinance No. 15-15.

Enabling/Regulating Authority

Section 489.127, Florida Statutes

Section 489.531, Florida Statutes

 



Background Discussion

Chapter 2-6, Article IV, Sections 2-6-51 through 2-6-65, Manatee County Code of Ordinances, authorizes the Manatee County Unlicensed Construction Activities Panel (UCAP) to hear cases and impose administrative fines and other noncriminal penalties against persons engaged in unlicensed contracting activities.  According to records in the Clerk's Office, the last meeting of UCAP took place on January 8, 2007.  The terms of office of all UCAP members have expired and no appointments have been made to this board for several years.

 

Subsections 489.127(1) and 489.132(1), Florida Statutes, prohibit unlicensed construction contracting.  Violations of these provisions may be enforced by counties and municipalities through the issuance of citations pursuant to Subsection 489.127(5), Florida Statutes.

 

Subsection 489.531(1), Florida Statutes, prohibits unlicensed electrical and alarm system contracting.  Violations of this provision may be enforced by counties and municipalities through the issuance of citations pursuant to Subsection 489.531(4), Florida Statutes.

 

Code enforcement citations are similar to traffic tickets.  When a citation is issued for a violation, a civil penalty is listed on the citation.  The violator may elect to pay the civil penalty or contest the citation in county court.  If the violator contests the citation and is found in violation, the court may impose the maximum civil penalty in addition to court costs.

 

Section 162.21, Florida Statutes, authorizes counties and municipalities to enforce codes and ordinances through the issuance of citations by enacting an ordinance establishing procedures and civil penalties.  Ordinance No. 06-48, codified as Section 2-2-25, Manatee County Code of Ordinances, provides for the enforcement of codes and ordinances through the issuance of citations by Manatee County code enforcement officers.  According to the procedures established in this section, any person who receives a citation may pay the civil penalty or contest the citation in county court.

 

Paragraphs 489.127(5)(c) and 489.531(4)(c), Florida Statutes, provide that the maximum civil penalty to be assessed by a code enforcement officer for citations involving unlicensed contracting violations may not exceed $2,000.  Paragraphs 489.127(5)(f) and 489.531(4)(f), Florida Statutes, provide that the maximum civil penalty to be imposed shall not exceed $2,500 per day if the violator contests the citation and is found in violation.

 

The County Attorney's Office drafted Ordinance No. 15-15 as an alternative to UCAP for the enforcement of violations relating to unlicensed contracting.  Significant provisions of the ordinance include the following:

  • The Manatee County Unlicensed Construction Activities Panel is abolished.
  • Subsections 489.127(1), 489.132(1), and 489.531(1), Florida Statutes, are adopted by reference.
  • Violations of the cited statutes constitute civil infractions enforceable through the issuance of citations in accordance with Section 162.21, Florida Statutes, and Section 2-2-25, Manatee County Code of Ordinances.
  • The civil penalty to be assessed by code enforcement officers shall be $2,000 for any violation if a person who committed a civil infraction does not contest the citation.
  • The maximum civil penalty to be imposed by the county court shall not exceed $2,500 per day plus court fees and costs for any violation if a person contests the citation and is found in violation.

Attached is a copy of Ordinance No. 15-15 which has been noticed for public hearing at the meeting on February 24, 2015.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

Ordinance prepared by CAO (MSS)

Agenda Memorandum drafted by CAO (MSS)



Reviewing Attorney
Sikora

Instructions to Board Records

File copy of Ordinance No. 15-15 with State of Florida Department of State.

Send copy of Ordinance No. 15-15 to Municipal Code Corporation.



Cost and Funds Source Account Number and Name
None

Amount and Frequency of Recurring Costs
None


Attachment:  unlicensed contracting. Ordinance No. 15-15. revised.pdf
Attachment:  Copy of Newspaper Advertising - Ordinance 15-15 - Unlicensed Contractors - 2-13-15.pdf