Loading...
G-539(20-64) ORDINANCE NO. G-539. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANENDING SECTION 16-13, CHAPTER 16 OF THE CODE OF ORDINANCES OF THIS CITY PRESCRIBING AN ADDITIONAL PREREQUISITE FOR OBTAINING A CITY OCCUPATIONAL LICENSE AS A GENERAL CONTRACTOR, SUB-CONTRACTOR, SPECULATIVE BUILDER, ELECTRICAL CONTRACTOR AND PLUmB- ING CONTRACTOR. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 16-13, Chapter 16, Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: "Sec. 16-13. Occupational license from Palm Beach County required for designated occupa- tions. "In addition to any other requirements, any person, firm or corporation desiring to be licensed by the city as a general contractor, subcontractor, Speculative builder, electrical contractor or plumbing contractor shall first ex- hibit au active and unrestricted Palm Beach County occupa- tional license to engage in that particular occupation." PASSED on second and final reading in regular session on this 2?th day of Ap~i~ ..., 1964. Mayor ~ ATTEST: ~'~ ~ ' City Cler~=~ First reading April 13. 196h_ Second reading A~,~] ~7: ~q^l, DELRAY BEACH NEWSJOURNAL Published Semi.Weekly Delray Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH News-Journal, a semi-weekly newspaper published at Delray Be~, ch in Palm Bqach County, Florida; inthe ~~'ii. '" Court, was publi~ed in said newspaper in the ................................................................... gff!ant furrier saTs that the said Delm¥ Beach News-Journal is a newspaper published at Delm¥ Beach, in raid Palm Beach County, ~l_orida, and that the said new~paper ha~ heretofore bee~ continuously published in said Palm Beach County, Florida, each week and has been entered as second class mail matter at the post office in Delra¥ Beach, in said Palm Beach CountT, Florida, for a period of one year next preceding the flint publication of the attached copy of vertisement; and affiant further saT~ that he has ~eithe~ lmid nor pmmi~ed ~ pemon, firm or corporation an7 discount, rebate, commission or refund for the purpo~,seeuring this a~ve~- tisement fo~ publication in the ~d new~aper. RY PUBLI~UTE OF. FLORIDI ,~T LARIE Iai CONNIS$iOli E/fiRES OCI. 25, 1966 TALLAHASSEE STAT~ OF FLORIDA 32304 ~*~,~ ~*~' a. wo.~ Brow. Gentlemen: We would like to call to your attention ~nen4ments to the prevailing wa~e law (Section 215.19, Florida Statutes) which will affect con- tracts for public construction. The amendments apply to contracts awarded on or after July l, 1963, the effective date. 1. Every request for payment must contain affidavits fro~ the contractor and all of his subcontractors, stating that all provision~ of the l~revailing wage law regarding apprentices and payment of wages have been complied with by him. Previously, these requests for p~y- merits were supported by certificates. 2. The contractor or subcontractor shall file with the Florida In- dustrial Commission in Tallahassee, within 15 days from the first date of employment, the full nsnLe, classification, wage rate, and apprentice- ship registration number of each apprentice employed by him or any subcontractors under him on the Job. This is a new requirement. 3. The contractor shall mail to the Florida Industrial Commission in Tallahassee, an affidavit certifying that the schedule of prevailing wage rates has been posted and is being maintained on the Job within ten days after commencement of work and the posting of the notice. Suggested affidavits are being furnished with each prevailing wage determination. 4. The contracting authority on its own initiative or upon the written complaint of any~ aggrieved party, may initiate its own in- vestigation to determine whether any contractor or subcontractor has failed to comply with the provisions of the law. If it finds that a contractor or subcontractor has paid less th~n the prevailing wage rate, the contracting authority shall withhold from the contractor or subcontractor until final determination of the claim by the Florida Industrial Commission any amounts which it finds to be due any employee, and shall pay such amount to such employee and deduct it from the total due the contractor. This is an added provision. Prior to this amendment, contracting authorities were not specifically authorized to investigate any complaints except those from an aggrieved worker who had filed an affidavit claiming underpayment of wages. 5. Any contractor or subcontractor who knowingly violates any provision of this subsection or any lawful order or rule of the contracting authority or of the Florida Industrial Commission authorized by this section and for which no other penalty is specifically prescribed, shall upon conviction thereof in a court of competent Jurisdiction be subject to punishment by such court by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or by imprisonment for not longer than sixty (60) days, or by both such fine and imprisonment. This is a new provision. Prior to this amendment, contractors were not subject to a penality for violation of the provisions of the law. If you have any questions or if we can be of any help to you, please contact us and we shall be glad to provide any needed assistance. Sincerely, A. Worley Brown Chairman CHAPTER 63-380 SENATE BILL NO. 705 AN ACT relating to financial matters, generally; amending para- graphs (c) and (d) of subsection (1), (c) of subsection (2), adding paragraph (e) to subsection (3) and adding subsection (8) to Section 215.19, Florida Statutes, relating to rate of wages for laborers, journeymen, and apprentices employed on public works; providing penalties; providing effective date. Be It Enacted by the Legislature,o] the State of Florida: Section 1. Section 215.19, Florida Statutes, is amended by amending paragraphs (c) and (d) of subsection (1), (c) of sub- section (2), adding paragraph (e) to subsection (3) and adding subsection (8), to read: 215.19 Rate of wages for laborers, journeymen and apprentices employed on public works.-- (1) (c) Every request for payment made by the contractor on such work shall contain an affidavit by the contractor that all provi- sions of this section regarding apprentices and payment of wages have been complied with by him, and to the best of his knowledge and belief, by all his subcontractors, which affidavit shall be ac- companied by like affidavits of all his subcontractors, but nothing herein shall be construed to make a contractor liable in any way for statements or misstatements contained in the affidavits of his subcontractors. (d) Apprentices hereunder shall he persons defined as appren- tices by section 446.07, Florida Statutes, who shall be working under either an apprentice agreement registered and approved by the apprenticeship council as provided by section 446.09 (2), Florida Statutes, or an apprenticeship agreement of higher standards as pro- vided in section 446.13, Florida Statutes; provided, however, that the contractor or subcontractor shall file with the Florida industrial commission at Tallahassee, within fifteen (15) days from the first date of employment, the name, classification and wage rate ap- plicable to each apprentice employed by him or any subcontractor under him on such job. (2) (c) Any contracting authority who is a party to any con- tract as contemplated by this section, shall cause the schedule of prevailing wages required by subsection (1) (b) to be posted and 1 permanently maintained throughout the job in a secure, protected, prominent place on the premises where the contract is being per- formed, and the contractor shall mail to the Florida industrial com- mission in Tallahassee an affidavit certifying that such notice has been posted and is being maintained on such job, which affidavit shall be forwarded within ten (10) days of the commencement of work on the job and the posting of such notice. Such affidavit shall contain information identifying the job, the contractor, or subcon- tractor, the contracting authority, and the prevailing wage determi- nation number applicable to such job. (3) (e) The contracting authority on i~ts own initiative or upon ~the written complaint of any aggrieved party, may initiate its own investigaltion to determine whether any contractor or subcontractor has failed to comply with the provisions of this section, and upon the basis of its findings as a result of its determination shall withhold from the contractor or subcontractor until final de.termination of the claim by ~ahe Florida Industrial Commission any amounts which it finds to be due any employee of the contractor or any of his subcon- tractors on such job, who has been paid less than the prevailing wages for the classification of services performed by him as pre- scribed in the wage determination, and shall pay such amount to such employee and deduct it from the total due the contractor. (8) Any contractor or subcontractor who knowingly violates any provision of this subsection or any lawful order or rule of the con- tracting authority or of the Florida industrial commission author- ized by this section and for which no other penalty is specifically prescribed, shall upon conviction thereof in a court of competent jurisdiction be subject to punishment by such court by a fine of not less than one hundred dollars ($100.00) nor more than one thou- sand dollars ($1,000.00), or by imprisonment for not longer than sixty (60) days, or hy both such fine and imprisonment. Section 2. This act shall take effect July 1, 1963. Became a law without the Governor's approval. Filed in Office Secretary of State June 12, 1963.