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Home My WebLink AboutR-2001-168 RESOLUTION NO. 2001-168 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE SCHEDULE OF PERMIT FEES FOR CONSTRUCTION TO DELETE THE FEE FOR ANNUAL REGISTRATION OF CONTRACTORS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Schedule of Permit Fees for Construction of the City of Dania Beach, Florida, is amended to read as follows: SCHEDULE OF PERMIT FEES FOR CONSTRUCTION (a) Administrative Fees (1) rentraGtGr's annual regis tiv^ ..........................................$G.n 00 [Reservedl Section 2. That all resolutions or parts of resolutions in conflict with this resolution shall be repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 12T" day of SEPTEMBER, 2001. MAYOR - COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JOHNSON COMMISSIONER MIKES - YES ACTING CITY CLERK VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO FO M AND CORRECTNESS: BY: THOMAS . A SBRO CITY AT' ORNEY RESOLUTION NO. 2001-168 r - CITY OF DANIA BEACH MEMORANDUM . . e TO: ;Ken Koch, Building Official cc: Mayor and Commissioners Jason Nunemaker, Acting City Manager Larry Leeds, Growth Management Director- Peter M. Dyga, Government Affairs Director, Associated Builders & Contractors, Inc. FROM: Thomas J. Ansbro, City Attorney DATE: August 28, 2001 • August 10, 2001 Letter Sent to City' Officials by Mr. Dyga, ,-Director of Government Affairs, Associated Builders and Contractors, Inc. (Florida East Coast Chapter); 150.00 Occupational License Administration Charge or, Registration.Fee y This"will confirm my telephone conversation with you today in'which I recommended 1 that the City discontinue the collection of the referenced charge. This recommendation is based . upon.my review_of the ,applicable statutes. and a very .recent decision of a Florida appellate, court , ti I • - Corporate Office 3730 Coconut Creek Pkwy., Suite 200 Coconut Creek, FL 33066 •954) 984-0075 Phone 954) 984-4905,Fax (866) 930-4222 Toll Free www.abceastflorida.com ASSOCIATE® B IIILDERS ' August 10,2001 4 AND C®NTRACTORS,INC. Board of Directors President Patricia Flury` Jesse Maurer... Mayor. Thermal,Concepts,Inc. Dania Beach City Commission President`-Elect; 100 West Dania Beach Boulevard Timothy O.Moore Dania Beach, Florida 33004 Stiles Construction Co. Vice President Dear Mayor Flury. Eugene Riegler r ER Air Conditioning,Inc. Secretary/Treasurer Associated Builders and Contractors, as a leading trade association and national advocacy I. Dan VonKossovsky coalition;has been asked to assist members.of the commercial construction industry incases Turner Construction Co. where municipal or county government is violating the states preemption of occupational license Past President tax,registration or regulatory fees on organizations regulated by the Department of Business and. James P.McConchie Professional Regulation(Department). Elcon Electric,Inc. ABcf President Section 205.065 of the Florida Statutes states, "If any person engaging in or managing a business, Paul J. Del Vecchio v profession,'or occupation regulated by the,Department of Business and Professional Regulation Associated Constuction, Inc. has paid an occupational license tax for the current year to the county or municipality in the state di rectors ke Bradford where the person's permanent business location or branch office is maintained, no other local adford Electric,Inc. <- governing authority may levy an occupational license tax,or any registration or regulatory Michael A.Bruner =" fee equivalent to the occupational license tax, on the person for performing work or services on Dooley&Mack Constructors,Inc..` . a temporary or transitory basis in another municipality or county.". This provision in law is william`Butcher repeated in-§489.131 F.S. and clarified by several AGOs and letters from the General Council of the Department see attached sumirtar Chrome Electric,Inc. P ( Y) Bill Catrori Southeast Mechanical Contractors Recently it was brought to my attention that the City of Dania Beach charges a fifty dollar($50) Clinton'DaCbsta - "administrative charge"to licensed contractors, which I believe to be in violation of§205.065 F.S. HDL Construction,Inc. Knowing that"many political subdivisions-of the State ofFlorida may not be fully aware of this Scott De§harnais provision in law, I am making this information available to you for review. I would be grateful if Bovis Lend Lease,inc. ., after having had the City attorney review this matter,you.would provide me with Dania Beach's Charles Ermer assessment of and/or response to this issue. Right Way Plumbing Co. I appreciate"the demands on your time. To addGary Glenewinkel to that,especially for what may seem like a trivial Centex Rooney Construction fee to a large entity like the City, may seem unnecessary. But please understand, for many Rex Kirby contractors and specialty contractorswho do business in multiple cities and counties,these"`fees ;. Suffolk Construction Co.,Inc. can become,extremely burdensome; both in terms of cost and human resources. Perhaps it is this .'` Kurt Langsenkamp insight which prompted the State to preempt the collection of such fees from businesses which `' Steel Fabricators, LLC t regulate. Larry Leiby Leiby Taylor"Stearns I look rward to hearing from you on this matter and working.towards amutually agreeable resol n. I remain respectfully ours. , Bill Parker; P Y Y Aon Risk Services;Inc.of FL Jim Robertson ' General Crane USA,Inc. ter M. Dyga ternate Director of Government Affairs Bennett Associated Builders and Contractors, Inca ,. Rinker Executive Vice President', PdYt°a(cyabceastflorida.COm Dan Shaw www.abceastflorida.coin } ::ABC CITY OF DANIA BEACH MEMORANDUM To: CHARLENE JOHNSON, Acting City Clerk cc: Mayor and Commissioners Jason Nunemaker, Acting City Manager Larry Leeds, Growth Management Director Ken Koch, Building Official n From: THOMAS ANSBRO, City Attorney ! J Date: August 30, 2001 Re: Resolution Repealing Contractor's Annual Registration Fee Attached is a proposed Resolution which would repeal the $50.00 Administrative Fee contained in the Schedule of Permit Fees for Construction pursuant to which the Building Division currently reviews and confirms that building contractors are appropriately licensed and insured. I was recently requested to determine whether or not the continued collection of such fee was proper and I recommended that the practice should be discontinued, based upon my review of applicable statutes and recent caselaw involving this particular type of charge. Consequently, a resolution deleting that fee is ready for City Commission adoption. TJA:slw 566.001 Attachment •