Okaloosa County BOCC — November 16, 2013 — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 3, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - 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: APPROVED BY: Ernie Padgett, County Administrator