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Ordinance 042-1988 Commissioner John Stormont ORDINANCE NO. 042 -1988 AN ORDINANCE OF MONROE COUNTY, FLORIDA, ESTABLISHING A FINE OF $250.00 FOR ILLEGAL PARKING IN PARKING SPACES DESIGNATED FOR CERTAIN DISABLED PERSONS UNDER F.S. 316.1955 AND 316.1956; PROVIDING FOR THE DEPOSIT OF SUCH ADDITIONAL FINE; PROVIDING FOR THE UTILIZATION OF SUCH ADDITIONAL FINE; PROVID- ING FOR SEVERABIL!TY;. PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County, Florida, on July 21, 1987, adopted Ordinance No. 027-1987 provid- ing for uniform adoption of Florida Statutes 316 and 318 as a means of uniformly controlling traffic enforcement within Monroe County; and . WHEREAS, Florida Statutes 316.1955 and 316.1956 provide that . additional fine may be levied for violation of parking regu- lations concerning parking spaces for certain disabled persons; and WHEREAS, Florida Statutes 316.008 provides that such addi- tional fine may not exceed $250.00; and WHEREAS, Florida Statutes 316.008 also provides for disposi- tion and utilization of that additional fine; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 11-2 of the Monroe County Code of Ordinances is hereby added to read as follows: Sec. 11-2. Disabled parking space violations. (a) A fine of Two Hundred Fifty ($250.00) Dollars is hereby imposed for violations involving illegal parking in parking spaces designated under F.S. 316.1955 and F.S. 316.1956 for disabled persons. (b) Such fine shall be utilized in the following manner: 1. One-third to be deposited in the Fine and Forfeiture Account to defray expenses for the administration of this section. 2. Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in the county and to provide funds to the Monroe County Commission for the Handicapped to conduct public awareness programs in the county concerning physically disabled persons. Section 3. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 5. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 6. This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the ~ day of /lUJust , A.D., 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Byg~,.~ a aJ.rman (SEAL) Attest :DANNY L. KOLHAGE, Clerk -I2L~6-1' ~~ APPROVED AS TO FORM AND LEGAL SUFFICIEArCy' I ~Y' II BY ADOPTED: f--Il- rf' FILED WITH SECRETARY OF STATE: ".~~-rg; EFFECTIVE DATE: 2 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, August 16, 1988, at 3:00 P.M. in Courtroom "B", 500 Whitehead Street, Key West, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1988 AN ORDINANCE OF MONROE COUNTY, FLORIDA, ESTABLISHING A FINE OF $250.00 FOR ILLEGAL PARKING IN PARKING SPACES DESIGNATED FOR CERTAIN DISABLED PERSONS UNDER F.S. 316.1955 AND 316.1956; PROVIDING FOR THE DEPOSIT OF SUCH ADDITIONAL FINE; PROVIDING FOR THE UTILIZATION OF SUCH ADDITIONAL FINE; PROVID- ING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 15th day of July, 1988. DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) THE KEY WEST CITIZEN r Published Daily Key West, Monroe County, Florida 33040 .STATE OF FLORIDA) · . COUNTY OF MONROE) SSe Before the undersigned authority personally appeared............. R.E. Harrison , who on oath says that he 1S .................. Advert is ing Manager. of the Key West Citizen, a daily newspaper published at Key West in Monroe County, Florida; that the attached copy of advertisement, being a Legal Notice in the matter of r rLtntCb <911 was published in said newspaper in the issues of J~ 'd.:}\ d.-0,l0lJV Affiant further says that the said The Key West Citizen is: a newspaper published at Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously publis~ed in said Monroe County, Florida, each day (except Saturdays) and has been entered as second class mail matter at the Post Office in Key West, in said Monroe County, Florida, for a period of one year next pre- ceeding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised :any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. f' NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP JUlV 27.199l BOllDED T\!RU GEWER~L HIS. lillO. f/~ (SEAL) SWORN AND SUBSCRIBED before me this ~~idd, . .NOIARY. .PUB L 1. C o . oJ" (. day of ~19_. COMMISSION EXPIRES: • PROOF OF PUBLICATION • OM THE FLORIDA KEYS KEYNOTER • Published Weekly . • MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) • • COUNTY OF MONROE ) Before the undersigned authority personally appeared CHARLOTTE SIKORA , who on oath, says that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County, Florida; that the attached copy of advertisement, being a Notice of Intention - IN THE MATTER OF Fine—for—Illegal Parking in the Court, was published in said newspaper in the issues of July 23, 27, 1988 Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- NOTICE OF INTENTION TO CONSIDER thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously ADOPTION OF COUNTY ORDINANCE published • •in said Monroe County, Florida, each week (on Thursday)and has been entered as second , NOTICE ISHEREBY GIVEN y CO WHOM MAY,CON CERN that on Tuesday, . In gust 16, 1988 at 3:00 P.M, in class mail matter'at thepost office in Marathon, in said Monroe County, foraperiod of one ;courtroom a 500 White-] yhead Street,.Ke West, Flori- da,the Board of CountyCom- -missioners-of Monroe County, year next preceding the first publication of the attached copy of advertisement; and affiant further -'Florida,intends to consider the adoption pnan of the following Coun- j says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, coin- ORDINANCE NO.71988 !AN ORDINANCE OF MON- ROE COUNTY, FLORIDA mission of refund for the purpose of securing this advertisement for publication in the said newspaper. ESTABLISHING A FINE OF $250.00 FOR ILLEGAL PARK- ING IN PARKING SPACES • l it DISIGNATED FOR CERTAIN DISABLED PERSONS UN- - DER F.S. 316.1955 AND 316.1956p PROVIDING FOR THE DEPOSIT OF SUCH AD= ATION \ �. •DITIONAL FINE,/ PROVID- ING y � �1� OF FOR THE ADDITIONAL UOF SUCH ADDITIONAL 'i FIN PROVIDING FOR ' (GEAL-1-- ---- ,� ING F ABILITY? PROVI F - ING FOR THE REPEAL OF �-• ' • ALL. ORDINANCES OR PARTS THEREOF IN CON- \ `WORN TO r'�ND=S1'E-_-SCRIBED BEFORE ME THIS 7 FLUST;PROVIDING FOR IN CLUSION IN THE MONROE - RO- /•� / .COUNTYIII FOR CODE; AND NEFFEC- / TIVE DATE. ____ JAY OF F --,/� / A.D. 19 Pursuant to Section, 286.0105, - / Florida Statutes, notice is.giv- !!! i �•� I ;en that if a person decided fo ,_,7/��e��, — appeal any decision made by the Board with respect to any matter considered art Such 'hearings or me tings, he will NOTARY PUBLIC STATE OF FLORIDA need a record oaf the chcpur- ings, and that, for such pur- fY CED THRIOR EXP. .that ahverbatimerecord ensure BONDED iRRU GEifERALDII,'S?BUtD91 proceedings is made, which record includes the testimony • ,and evidence upon which the appeal Is to be based. Copies of the above-referenced • -ordinance are available for re- _ view at the various public Ir braries in Monroe County, ' Florida. sDdyfu58orida, i this 15th aoJly198 DANNY L.KOLHAGE ii Clerk I Court of Circuit l County,Florida and ex ofB oard of County Commissioners of • i•, ,lonroe County,Florida Florlida.Keys Keynoter8 NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY ORDINANCE , ;NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, August 16, 1988 at 3:00 P.M. in Courtroom "B", 500 White- , head Street, Key West, Monroe •County,Florida,the Board of County Commissioners of Monroe County, Florida,intents to consider the adop- tion of the fillowing County ordinanc-' es: ORDINANCE NO.-1988 AN ORDINANCE OF MONROE • -.. COUNTY, FLORIDA, ESTABLISH- ING A FINE OF&250.00 FOR ILLE- • GAL PARKING IN PARKING, SPACES DESIGNATED.FOR CER- tAIN DISABLED PERSONS UNDER• .F.S.316.1955 AND 316.1956; PRO- VIDING FOR THE• DEPOSIT OF SUCH ADDITIONAL FINE;PROVID- 'ING FOR THE UTILIZATION OF SUCH ADDITIONAL FINE;PROVID- ING FOR SEVERABILITY; PROVID- " ING FOR REPEAL OF ORDI- NANCES OR PARTS THEREOF IN ; CONFLICT; PROVIDING FOR IN- CLUSION IN THE MONROE COUNTY CODE;.AND PROVIDING AN EFFECTIVE DATE. ,Pursuant to Section 286.0105, Flor- Ida Statutes, notice is given that If a person decided to appeal any deci- .sion made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the-proceedings, and that, '_ _ 'for such purpose,he may need to en- 'sure that a•verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be' based. Copies of-the above-.referenced or- dinance are available for review at the various public:libraries in Monroe County,Florida( - = DATED at Key West, Florida, this 15th day of July,1988. - -DANNY-L.KOLHAGE Clerk of the Circuit Court of Monroe County,Flor- ida and ex officio Clerk of the Board of County Commissioners of Monroe July22,29,1988 County,Florida PROOF OF PUBLICATION BOX 1197, TAVERNIER, FL. 33070 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authnri ty personally appeared D~GNY WOLFF , who on oath, says that he is EDITOR & PUBLISHER weekly newspaper published at Tavernier, Monroe County, Florida; copy of advertisement, being a LEGAL NOTICE of THE REPORTER, a that the attached IN THE MATTER OF NOTICE OF INTENTION TO CONSIDER in the Court, was published in said newspaper in the issues of 7 -21 & 7-28-88 Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. SWORN TO 28TH SEAL OA~ ' / ,/:"7,/ ~ NO A"V PUB:' c MY COMMISSION EXPIRES. NOTARY PUQLIC ST~lE OF fLCRID~ n! VJ"klJ,)H!~ t^~. lH'h. 1',Lf':U bU~,;'_',t'c:, I~,~ ~:P~.t INS. t:ND. 4: NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday,August 16,1988,at 3:00 p.m.in Courtroom'B",500 Whitehead Street, Key West, Florida, the Board of County Commissioners of Monroe.County, Florida,intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1988 AN ORDINANCE OF MONROE COUNTY, FLORIDA, ESTABLISHING A FINE OF $250.00 FOR ILLEGAL PARKING IN PARKING SPACES • DESIGNATED FOR CERTAIN DISABLED PERSONS UNDER F.S.316.1955 AND 316.1956; PROVIDING FOR THE DEPOSIT OF SUCH ADDITIONAL , FINE;PROVIDING FOR THE UTILIZATION OF SUCH ADDITIONAL FINE; PROVIDING FOR SEVERABILITY;PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN GDNFLICT; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE;AND PROVIDING FOR AN EFFECTIVE DATE. - Pursuant to Sectrion 286.0105,Florida Statutes,notice is given that if a person • decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings,he will need a record of the proceedings, and that,for such purpose,he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County,Florida. DATED at Key West,Florida,this 15th day of July,1988. DANNY L.KOLHAGE Clerk of the Circuit Court of Monroe County,Florida and ex officio Clerk of the , Board of County Commissioners of Monroe County,Florida Published:7/21&7/28/88 The Reporter - Tavernier,FL 33070 ----- J)annp I. itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON. FLORIDA 33050 TEL. 1305) 743.9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 August 22, 1988 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY. FLORIDA 33070 TEL. 1305) 852-9253 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 32301 \=> \2 ~ e,\~ CoC11 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordi~ance No. 042-1988 establishing a fine of $250.00 for illegal parking in parking spaces designated for certain disabled persons under F.S. 316.1955 and 316.19661 etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on August 16, 1988. Please file for record. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of Coun Commissioners cc: Municipal Code Corporation Mayor E. Lytton Commissioner W. Freeman Commissioner J. Hernandez Commissioner M. Puto Commissioner J. Stormont Sheriff W. Freeman County Attorney L. Proby County Administrator T. Brown' Finance Director J. Matth~ws Fi1:e P 729 873 7 RECEIPT FOR CERTIFIED MAil NO INSURANCE COVERAGE PROVIOEO NOT FnR INTERNATIONAL MAIL qD M .. E .. ~ .. ... .. Ii E 0 u " c .. ". .. .. i " LOS .. .. .. .. .. u ~ I ii c 0 .. ;; " .. c . J: ~ l'I " C .. .. E .. ~ .. i Ii E <3 ~~ ')~ ell d.5 ~ M E .. o LL l/l Q. Restricted Delivery Fee Return Receipt shOWing to whom and Date Delivered Return Receipt shOWing to whom, Date, and Address of Delivery TOT AL Postage and Fees S;;( ) I- !!: w (,) w II: Z II: ;:) I- w II: (,) ~ CI) w :::E o Q I .. ! t:: c ,:. 0 ! .. Ii 0 Q :::>a: III 0 c:I:~ III I- ;:) ... '~_rr .. t- .. co :: 0\ .. .... .. :a "t:I ~ :E I .... f .... :l fJl .... .. E c: .., l; in LL Il'i X cO X ...: le p- l ~ MUNICIPAL CODE CGRPORA110N Supple.ent Depart.ent PO Box 2235 Tallahasset, FL 32316-2235 Supple.ent No. 33 08/29/88 We have received the folIo~lng .attriaI. Thanr. you for your assistance and cooperatIon. Ordinance No. 042-1988 and 043-1988. t~ :_ 1" ::~ TO: "r. Danny L. Kolhage Clerk of the CIrcuit Court !'!onroe County 500 WhItehead Strlet Key West, FL 33040 ________J___ _ FLORIDA DEPARTMENT OF STATE Jim Smith Secrelary of Slate DIVISION OF ELECTIONS l~oolJ1 1802, The Capitol Tallahassee, f1orioa 32399-0250 (904) 488-8427 August 25, 1988 Honorable Danny L. Ko1hage Clerk of Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr. Ko1hage: this Pursuant to the provisions will acknowledge: 1. Receipt of letter/s of and certified copy/ies County Ordinance(s) of Section 125.66, Florida Statutes, August 22,' 1988 of Monroe Nos. 88-42 and 88-43 2. Receipt of relative to: County Ordinance(s) ( a ) which we have numbered ( b) We which we have numbered have filed t~~s/these ordinances August 25, 1988. 3. in this offic~ on 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Sincerely, ~~ Liz Cloud, Chief Bureau of Administrative Code LC/ mb