Okaloosa County BOCC — November 16, 2013 — reading text

Amend Land Development Code Chapter 12 DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Conduct a public hearing to amend Section 12.02.00.2 of the Land Development Code (Ordinance 91-01, as amended) establishing fines for unlicensed contracting activity. BACKGROUND: Unlicensed contracting is a serious issue that not only jeopardizes consumers, but also puts reputable, licensed and insured contractors at a competitive disadvantage. To help address this situation, the Florida Legislature adopted House Bill 269 (2013 regular session - see attached) which amends Sections 489.127(5)(c) and (f) of the Florida Statutes to increase the penalties for unlicensed contracting. As provided in Section 11.03.02 of the Land Development Code, the Code Enforcement Section issues citations for persons engaged in unlicensed contracting which are prosecuted through the court system. If the proposed revisions are approved, the penalty assessed through the citation will increase from $500 to $2,000 as provided in Section 489.127(5)(c) of the Florida statutes as amended by HB 269. The Building Industry Association has reviewed and supports the proposed changes. During its regular meeting of August 8, 2013, the Planning Commission reviewed and unanimously recommended approval of the proposed changes. The Military Representative did not comment. The County Attorney has reviewed and approved the proposed ordinance. OPTIONS: The Board can choose to revise Section 12.02.00.2 or leave the fines at their current levels. RECOMMENDATIONS: Staff recommends that the Board conduct the public hearing, and approve the proposed revisions to section 12.02.00.2 of the Land Development code (Ordinance 91-1, as amended). RECOMMENDED BY: Packet Pg. 51 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 52  ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA; PROVIDING FOR A SHORT TITLE AS THE “OKALOOSA COUNTY UNPERMITTED CONSTRUCTION AND UNLICENSED CONTRACTING ORDINANCE OF 2013”; PROVIDING FOR THE AMENDMENT SECTION 12.02.00.2 OF THE LAND DEVELOPMENT CODE, ORDINANCE 91-01 AS AMENDED; PROVIDING FOR THE REPEAL OF ALL OTHER CONFLICTING PROVISIONS; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES OF OKALOOSA COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, Okaloosa County is a political subdivision of the State of Florida to which Chapter 125 of the Florida Statutes grants broad authority and provides for the adoption of ordinances to provide for self-governance; WHEREAS, Okaloosa County adopted and has from time to time amended Ordinance 91-01 which creates a Land Development Code that includes, among other provisions, Chapter 12 which establishes, among other things, fines for violations of various provisions of the County’s ordinances; WHEREAS, the Board of County Commissioners finds that it is necessary and in the public interest to amend the provisions of Chapter 12 of the Land Development Code, “Fines and Fees” to reflect the provisions of Chapter 489, Florida Statutes, as amended by House Bill 269 passed during the 2013 legislative session which authorizes the levying of fines and penalties for unpermitted construction and unlicensed contracting activities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Section 1. Short Title. This Ordinance shall be known and may be cited as the “Okaloosa County Unpermitted Construction and Unlicensed Contracting Penalty Ordinance of 2013”. Section 2. Amendment of Section 12.02.00 of the Okaloosa County Land Development Code, Ordinance 91-01, as amended. Section 12.02.00.2 of the Land Development Code (Ordinance 91-01, as amended) is hereby amended as follows (language to be removed is stricken, language to be added is underlined): 2. Unlicensed persons doing work or advertising or any other violation of Sections 489.101 through 489.134, 489.501 through 489.539 and 489.551 through 489.559, Florida Statutes for work in any trade fields which require a license……………………$500.00 Citation…………………………………………………………………………………......................$ 2000.00 Code Enforcement Board or Special Magistrate…………………….......not more than $2500.00 per day Packet Pg. 53  Section 3. Incorporation into County Code. It is hereby directed by the Board of County Commissioners that the amendments provided herein be incorporated into the Code of Ordinances of Okaloosa County, Florida, and that any renumbering of the various sections is hereby authorized as necessary to achieve that directive. Section 4. General Repeal of Conflicting Provisions. Any ordinances or portions of the Code of Ordinances of Okaloosa County in conflict herewith are hereby repealed. Section 5. Severability. If any section, subsection, clause, or other part of this ordinance is deemed unlawful in any court of law competent to decide such matters, said section, subsection, clause, or other part shall be severed and held as a separate provision and shall have no effect on the remainder. Section 6. Effective Date. This ordinance shall take effect as provided by law. PASSED AND DULY ADOPTED in regular session this _______ day of ___________, 2013. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: ____________________________________ Don R. Amunds, Chairman ATTEST: _________________________________ Don Howard Clerk of Circuit Court Packet Pg. 54 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 1 2 An act relating to building construction; amending s. 3 125.022, F.S.; requiring counties to attach certain 4 disclaimers and include certain permit conditions when 5 issuing development permits; amending s. 162.12, F.S.; 6 revising notice requirements in the Local Government 7 Code Enforcement Boards Act; amending s. 166.033, 8 F.S.; requiring municipalities to attach certain 9 disclaimers and include certain permit conditions when 10 issuing development permits; amending ss. 255.20 and 11 255.2575, F.S.; requiring governmental entities to 12 specify certain products associated with public works 13 projects; providing for applicability; amending s. 14 255.257, F.S.; requiring state agencies to use certain 15 building rating systems and building codes for each 16 new construction and renovation project; amending s. 17 381.0065, F.S.; specifying that certain actions 18 relating to onsite sewage treatment and removal are 19 not required if a bedroom is not added during a 20 remodeling addition or modification to a single-family 21 home; prohibiting a remodeling addition or 22 modification from certain coverage or encroachment; 23 authorizing a local health board to review specific 24 plans; requiring a review to be completed within a 25 specific time period after receipt of specific plans; 26 providing that amendments to s. 489.113(2), F.S., 27 enacted in s. 11, ch. 2012-13, Laws of Florida, are 28 remedial and intended to clarify existing law; Page 1 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er Packet Pg. 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 29 providing for retroactivity; amending s. 489.127, 30 F.S.; revising civil penalties; authorizing a local 31 building department to retain 75 percent of certain 32 fines collected if it transmits 25 percent to the 33 Department of Business and Professional Regulation; 34 amending s. 489.131, F.S.; deleting legislative intent 35 referring to a local agency's enforcement of 36 regulatory laws; deleting the definitions of "minor 37 violation" and "notice of noncompliance"; deleting 38 provisions that provide for what a notice of 39 noncompliance should or should not include; deleting a 40 provision that provides for further disciplinary 41 proceedings for certain licensees; amending s. 42 489.514, F.S.; extending the date by which an 43 applicant must make application for a license to be 44 grandfathered; amending s. 489.531, F.S.; revising 45 maximum civil penalties for specified violations; 46 amending s. 553.71, F.S.; providing a definition for 47 the term "local technical amendment"; amending s. 48 553.73, F.S.; prohibiting any provision of the 49 International Residential Code relating to mandated 50 fire sprinklers from incorporation into the Florida 51 Building Code; amending s. 553.74, F.S.; revising 52 membership of the Florida Building Commission; 53 amending s. 553.79, F.S.; conforming a cross- 54 reference; authorizing a site plan to be maintained at 55 the worksite as an electronic copy; requiring the copy 56 to be open to inspection by certain officials; Page 2 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er Packet Pg. 56 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 57 amending s. 553.842, F.S.; requiring an application 58 for state approval of a certain product to be approved 59 by the department after the application and related 60