|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 24, 2015|
Agenda Item #32
Ordinance No. 15-15 Relating to Unlicensed Contracting
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
Motion to approve Ordinance No. 15-15.
Section 489.127, Florida Statutes
Section 489.531, Florida Statutes
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:
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)
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
Amount and Frequency of Recurring Costs
Attachment: unlicensed contracting. Ordinance No. 15-15. revised.pdf
Attachment: Copy of Newspaper Advertising - Ordinance 15-15 - Unlicensed Contractors - 2-13-15.pdf
Attachment: Ordinance 15-15 - Updated 2-23-15.pdf
Attachment: Ordinance 15-15 - 2-23-15 Revisions Highlighted.pdf