Subject:
Title
Public Hearing amending Ordinance Chapter 22, Article VI, Contractors Code of Brevard County.
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Fiscal Impact:
No fiscal impact
Dept/Office:
Planning and Development
Requested Action:
Recommendation
Approve the proposed Ordinance amending Chapter 22, Article VI, Division 4, Section 22-562 of the Contractors Code of Ordinances, Brevard County.
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Summary Explanation and Background:
On February 25, 2020, the Board of County Commissioners granted legislative intent and permission to advertise a change amending Chapter 22, Article VI, of the Contractors Code of Ordinances, Brevard County.
This amendment is required to maintain consistency with Florida Statutes and Florida Rules of Civil Procedures in reference to the appellate procedure for review of a special magistrate, contractor licensing board or code enforcement board order in a contractor licensing hearing. Currently, the County provides for the appeal of a Special Magistrate’s order by certiorari to the circuit court. Rule 1.630 of the Florida Rules of Civil Procedure was amended in 2013 to remove the reference to certiorari proceedings. Section 489.127 Florida Statutes now provides for a specific appellate procedure in the Circuit Court. This amendment is repealing the prior reference to certiorari proceedings and adopting the appellate language required under Section 489.127 Florida Statutes.
Clerk to the Board Instructions:
Return a certified copy to Planning and Development when approved and recorded with the State.