METROPOLITAN DADE COUNTY, PETITIONER,
v.
MAVCO, INC., RESPONDENT
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Florida District Court of Appeal affirmed that Metropolitan Dade County cannot enforce its contractor licensing ordinance against a company performing work at a state university, because state law exempts universities from municipal and county regulation of construction contracts.
A county cannot enforce its contractor licensing ordinance against a company performing construction work at a state university because section 240.293, Florida Statutes exempts state universities from municipal and county regulation of building construction contracts.
[1] State law authorizing universities to contract for building construction without municipal or county regulation preempts county contractor licensing ordinances as applied…
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Join FLexlaw to unlock all legal intelligence“contract for supplies, utility services, and building construction without regulation or restriction by municipal or county charter or ordinance”
Section 240.293, Florida Statutes authorizing state universities' contracting authority
Mavco, Inc. installed sound equipment at a facility at Florida International University. A county inspector cited Mavco for violating the county's con…
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PER CURIAM.
Mavco, Inc. installed sound equipment at a new facility at Florida International University. A county inspector cited Mavco for violating section 10-3(a) of the Code of Metropolitan Dade County, for its failure to become licensed with the county as a contractor. The hearing officer found the company in violation of the section and ordered that a fine be imposed. In reviewing the final decision of the county Building and Zoning Department, the appellate division of the circuit court quashed the order. We agree with the court’s determination.
The county argues that various provisions of chapter 489, Florida Statutes (1995) authorize it to enforce the cited ordinance against Mavco. We cannot accept that argument because section 240.293, Florida Statutes (1995) specifically authorizes state universities to “contract for supplies, utility services, and building construction without regulation or restriction by municipal or county charter or ordinance.” This provision would be of little purpose and effect if ordinances like section 10-3(a) could be enforced against such a supplier or contractor.1
Certiorari denied.
. We do not consider whether section 489.113(1), Florida Statutes could be enforced against the respondent by the Department of Business and Professional Regulation.