Broward County Commission Public Hearing

MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO CONTRACTORS; AMENDING VARIOUS SECTIONS OF CHAPTER 9 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"), "CONTRACTORS"; CREATING A NEW DEFINITION AND CONTRACTOR CATEGORIES AND CLARIFYING EXISTING CATEGORIES; ESTABLISHING NEW VIOLATION; AMENDING ENFORCEMENT PROCESS AND PENALTIES FOR UNLICENSED CONTRACTING VIOLATIONS; MODIFYING DISTRIBUTION OF FINES FOR UNLICENSED CONTRACTOR ENFORCEMENT FUND AND CENTRAL EXAMINING BOARDS RESTITUTION TRUST FUND; MODIFYING THE PROCESS FOR MAKING CLAIMS FROM THE RESTITUTION TRUST FUND; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 

(Sponsored by the Board of County Commissioners)
 

ACTION:  (T-3:06 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.
 
VOTE: 9-0.

A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of April 22, 2014.

Amends the Code to create a new definition and contractor categories, clarify existing categories, establish new violation, amend the enforcement process and penalties for unlicensed contracting violations, modify the distribution of fines for the Unlicensed Contractor Enforcement Fund and Central Examining Board Restitution Trust Fund, and modify the process for making claims from the Restitution Trust Fund.

Chapter 489, Florida Statutes, provides authority for local governments to license and discipline contractors providing building construction services within their jurisdictions and to take enforcement action against persons performing unlicensed contracting. Chapter 2013-193, Laws of Florida, which took effect on July 1, 2013, modified some of the provisions of Chapter 489 applicable to local governments for the discipline of licensed and unlicensed contractors. Specifically, Chapter 2013-193, Laws of Florida, increased the penalties that may be imposed against unlicensed contractors for violations from $500 to $2,000. Chapter 2013-193, Laws of Florida, also removed the requirement that certain violations committed by locally licensed contractors be treated as "minor violations" and not subject to disciplinary action if corrected within 15 days after the issuance of a Notice of Noncompliance. The proposed Ordinance amends Chapter 9 of the Broward County Code of Ordinances ("Code") to provide consistency with Chapter 489, Florida Statutes, as amended by Chapter 2013-193, Laws of Florida.

The proposed Ordinance further amends Chapter 9 by clarifying actions constituting existing violations of the Code and creating a new violation for subcontracting work to a person, firm, or business organization which does not hold an active license for the subcontracted work. The contractor categories have also been amended to provide for greater clarity in their description and scopes of work. The distribution of fines between the Central Examining Boards Restitution Trust Fund and the Unlicensed Contractor Enforcement Fund has been modified to increase the amount of funds deposited into the Unlicensed Contractor Enforcement Fund as a result of enforcement action against unlicensed contractors. The proposed Ordinance also codifies the existing practice that interest earned in each of the Funds is retained by the County as discretionary revenue to defray the cost of administration, collection, and disbursement from the applicable Fund. The process for receiving restitution from the Restitution Trust Fund has also been modified to provide greater notice to the contractor who is the subject of the restitution claim and an increased opportunity to present evidence, argument, and conduct cross-examination at the restitution hearing.

The proposed Ordinance has been reviewed and approved by the six Central Examining Boards affected by the changes.