Ordinance 014-2010
ORDINANCE NO. 014 - 2010
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING CHAPTER 12. OF THE MONROE COUNTY CODE
BY CREATING ARTICLE VI. OIL POLLUTION COST RECOVERY
(SEC. 12-140 THROUGH SEe 12-143); PROVIDING FOR
IMMEDIATE ENACTMENT AS AN EMERGENCY ORDINANCE
BY A UNANIMOUS VOTE OF THE BOARD PURSUANT TO F.S.
125.66(3) TO WAIVE NOTICE OF A PUBLIC HEARING;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on April 22, 2010, the Deepwater Horizon oil rig exploded in the Gulf of
Mexico while performing drilling operations; and
WHEREAS, the explosion caused the Deepwater Horizon oil rig to sink into the Gulf of
Mexico and resulted in multiple injuries and anticipated loss of life; and
WHEREAS, the Deepwater Horizon oil rig site continues to leak emulsified oil and thick
crude oil into the Gulf of Mexico at significant quantities each day, and this leakage threatens to
become a major environmental disaster in the northern and eastern Gulf of Mexico areas; and
WHEREAS, Section, 125.66(3), Florida Statutes, authorizes the Board of County
Commissioners to adopt through an emergency enactment procedure any ordinance by a four-
fifths vote of the membership, declaring that an emergency exists and that the immediate
enactment of this Ordinance is necessary; and
WHEREAS, the Board of County Commissioners finds that an emergency exists in that
prior to the next Commission meeting there is a real possibility that oil discharge will have an
impact on the environment of the Florida Keys and there is evidence of current impacts on our
economy and, upon a unanimous vote of the Board, determines the immediate enactment of this
Ordinance is necessary;
ORD Oil Pollution Cost Recovery 5/20/ I 0 (KP) Page I of 9
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION l. Chapter 12. of the Monroe County Code is hereby amended by creating
Article VI. "Oil Pollution Cost Recovery", Sec. 12-140 - Sec. 12-143, to read as follows:
Sec. 12-140. FINDINGS OF FACT AND DECLARATIONS OF POLICY.
I. The drilling of oil wells, oil production, transport of oil, and other activities
associated with oil are ultra-hazardous activities for which there is an absolute
duty to prevent oil from escaping containment into the environment.
2. Oil leaks and spills kill, injure, or otherwise harm marine and terrestrial biota,
including human beings, through physical contact, ingestion, or inhalation of
fumes. Oil hydrocarbons contain several known and suspected carcinogens.
3. Oil leaks and spills damage and reduce the value of public and private coastal
properties.
4. Oil leaks and spills threaten the financial well-being of those citizens that derive
their income and livelihood from Monroe County's waters, beaches and other
coastal environs, including those businesses that cater to tourists seeking to enjoy
those natural environs.
5. Safeguarding the life and property of the citizenry is an inherent responsibility of
the Board of County Commissioners of Monroe County, Florida.
6. The need for prompt response to the discharge of oil requires that such
incidents be promptly reported to emergency authorities.
7. Responses to the discharge of oil result in public expenditures that should
properly be reimbursed by the parties responsible for them.
8. The existing authority and mechanisms for collection of costs incurred by the
public in response to the discharge of oil do not adequately provide for the proper
reimbursement to the public for such costs.
9. Monroe County has authority under F. S. ~ 125.01(1) and F. S. ~ 125.66 to create
any ordinance not inconsistent with general or special law.
ORD Oil Pollution Cost Recovery 5/20/ I 0 (KP) Page 2 of 9
10. The Board of County Commissioners of Monroe County, Florida fmds that the
discharge of oil threatening and possibly constituting a natural disaster for
Monroe County within the time before the next Commission meeting warrants the
declaration of an emergency and the immediate adoption of this ordinance on this
19th day of May, 2010 by unanimous approval of the Board to waive notice
requirements for a public hearing, as authorized by Section 125.66(3), Florida
Statutes.
II. 33 U.S.C. ~2718 of the Oil Pollution Act of 1990, and F.S. ~376.19 of the
Pollution Discharge Prevention and Control Act, both expressly allow for the
exercise of local authority to supplement federal and state law, respectively, with
regard to regulation of the discharge of oil or other pollution by oil or removal
activities in connection with such a discharge. Accordingly, it is the intent of the
Board to provide an addition mechanism for regulation of oil pollution or other
pollution by oil and for recovery of costs, expenses, and fees related to removal or
remediation in connection with such a discharge of oil.
Sec. 12-141. DEFINITIONS.
For the purpose of this Article, undefmed terms shall be the same as those set forth in 33
v.s.c. ~2701.
Administrator means the Monroe County Administrator, or an administrative official of
Monroe County government designated by the County Administrator to administer and enforce
the provisions of this Article.
Beach means that area of unconsolidated material that extends landward from the mean
low-water line to the place where there is a marked change in material or physiographic form. or
to the line of non-pioneering vegetation.
Coastal System means the upland dune system; beach, mangroves, and other vegetation
adjacent to County waters, including the bays, estuaries, and canals; swash zone; surf zone,
breaker zone, offshore and longshore sho~ls; hardbottom communities, seagrass beds, wetlands,
and bars; tidal, wind and wave driven currents; longshore and onshore/offshore drift of sediment
materials; inlets or their ebb and flood tide shoals and zones of primary tidal influence and all
other associated natural and manmade topographic features and structures.
ORD Oil Pollution Cost Recovery 5/20/10 (KP) Page 3 of9
Cosl(s) means and includes, but is not lilnited to:
(1 ) Expenses for rctTIoval.
(2) Expenses for restoration.
(3) Damages for injury to, destruction of, or loss of natural resources. The calculation
of natural resources damages may use those methods set forth in Chapter 376, Florida
Statues, the Oil Pollution Act of 1990, or any of the respective state or federal rules
implementing same.
(4) Damages to real or personal property recoverable by a person who owns or leases
property.
(5) Economic losses equal to the net loss of taxes, royalties, rents, fees or net profit
shares due to injury to or destruction of real property, personal property, or natural
reso llrces.
(6) Loss of profits or earning capacity due to the injury to or destruction of real
property, personal property, or natural resources.
(7) Net costs of providing increased or additional public services during or after
removal, including protection from fire, safety or health hazards, caused by a discharge
of oil, recoverable by the County or municipality.
(8) Expenses for any investigation, natural resources assessment, aIr quality
assessment, health assessment or health effects studies necessitated by the discharge of
oil.
(9) Health care costs for persons or animals injured by the discharge of oil.
(10) Labor, including benefits, overtime and administrative overhead.
(11) Equipment expenses including but not limited to those from operation, leasing,
repair and replacement of equipment where necessary.
(12) Contract labor and equipment.
(13) Labor and equipment obtained directly by Monroe County, Monroe County
agencies or agents, the Monroe County Sheriffs Office, other law enforcement and
public safety agencies.
ORD Oil Pollution Cost Recovery 5/20/10 (KP) Page 4 of 9
( 14) Materials such as sorbents., foatn., dispersants., neutralization agents., overpack
drutTIs or containers, etc.
(15) Supervision and verification of removal.
COlln(v 111eans Monroe County, Florida.
COlln~y }1'aters means any Monroe County waters, whether contained within boundaries
created naturally, artificially or diffused, including, but not limited to the Gulf, bays,
canals, estuaries, and wetlands. County waters include those waters which are part of the
State specified as being within Monroe County pursuant to Section 7.44, Florida Statutes
and j\rticle II, Section 1, Constitution of the State of Florida (Rev. 1968), waters out to
three marine leagues, or waters in the immediate vicinity of any County reefs.
DEP means the Florida Department of Environmental Protection, or its successor.
Discharge qf Oil means any emission, intentional or unintentional, and includes, but is
not limited to, spilling, leaking, pumping, pouring, emitting, emptying, dumping,
escaping, or migration of oil that results in any oil entering any County waters or upon
any coastal system. It also includes any threatened condition creating s substantial
probability of harm wherein it is reasonably necessary to take immediate action to
prevent, reduce, or mitigate damage to persons, property to the environment.
Facility means any building, equipment, structure, installation, well, pit, pond, lagoon,
impoundment, ditch, landfill, storage container, motor vehicle, offshore facility, onshore
facility, offshore drilling unit, mobile offshore drilling unit, rolling stock, or aircraft. It
shall also mean any site or area where oil is otherwise located, deposited, stored, disposed
of or placed.
Oil means oil of any kind or in any form or mixture, including petroleum, fuel oil, sludge,
oil refuse, and oil mixed with waste.
Person means any individual person, firm, association, organization, partnership,
business, trust, corporation, company, contractor, supplier, installer, user, owners,
operator, state, political subdivision of a state, or municipality.
Remove or Removal means any action to contain, isolate, remove, remediate or dispose of
any discharge of oil from County waters or coastal systems for the purpose of minimizing
or mitigating damage to the public health or welfare.
ORD Oil Pollution Cost Recovery 5/20/ 10 (KP) Page 5 of 9
Res/ore or Restoration means actions taken consistent with a pennanent remedy to
mitigate or correct harm caused by discharge of oil into the environment, including
wildlife treatment, rehabilitation, and relocation~ fisheries managelnent and restoration~
and habitat management and restoration, including for beaches, seagrasses, tnangroves
and other shorelines.
Special Magistrate means a person appointed pursuant to Monroe County Code to hold
hearings, assess fines, and order mitigation for violation of Monroe County ordinances.
Sec. 12-142. APPLICABILITY AND INTERPRETATION.
(1) Applicability. The provisions of this Article shall be applicable to all areas within
Monroe County, including but not limited to all municipalities.
(2) Interpretation. The provisions of this Article shall be interpreted in the following
manller:
(a) In the interpretation of this Article, all provIsIons shall be considered
minimal requirements and construed liberally to effectuate the remedial
purposes of this Article.
(b) This Article is not intended to repeal, abrogate, or impair any rights under
the common law, statutes, laws, or ordinances which provide for
additional methods of cost recovery.
(c) Where this Article conflicts with or overlaps another County ordinances,
whichever results in a more complete cost recovery shall apply.
Sec. 12-143. OIL POLLUTION COST RECOVERY.
(1 ) All County waters and coastal systems, at all places, at all times, shall be free
from the discharge of oil.
(2) The Administrator and all personnel, agents and contractors working under the
direction of the Administrator are authorized to enter any property or facility within the
County to conduct removal or restoration activities.
(3) The Administrator and all personnel, agents and contractors working under the
direction of the Administrator shall record all time and costs associated with removal or
restoration activities.
ORD Oil Pollution Cost Recovery 5/2011 0 (KP) Page 6 of 9
(4) This Article shall apply both retroactively and prospectively.
(5) The following persons shall be jointly and severally liable for the payment of all
costs incurred for removal or restoration activities:
(a) Any person or persons whose negligent or willful I act or omission
proximately caused the discharge of oil.
(b) Any person or persons who owned or had custody or control of the facility,
vessel, pipeline, or other container which held the oil, or who was operating a
facility from which emanated a discharge of oil, at the time of: or prior to, the
discharge of oil, without regard to fault or proximate cause.
(c) Any person or persons identified in subsection (a) or (b), who failed to
contain or remedy the discharge of oil before it reached County waters or coastal
systems.
(d) Any municipality, person or persons whose negligent or willful act or
omission fails to prevent, contain or remedy the discharge of oil and the effects
thereof within its jurisdiction, thereby allowing pollution of County waters and
beaches.
(6) The Administrator is authorized to bill for and collect any costs from the person
or persons held jointly or severally liable under this section. Through the recording of
time and costs as part of the regular conduct of business, the Administrator's bill shall be
entitled to a rebuttable presumption of correctness.
(7) All costs collected by the Administrator shall be deposited into a Pollution
Recovery Trust Fund created by this Ordinance of the Monroe County Board of County
Commissioners.
(8) The Administrator is authorized, upon approval by the Monroe County Board of
County Commissioners, to expend funds from the Pollution Recovery Trust Fund for the
purpose of removal or restoration activities, as well as costs incurred to counter the
negative impacts on the local economy by discharge of oil.
ORD Oil Pollution Cost Recovery 5/20/10 (KP) Page 70f9
(9) The Administrator is authorized to transfer funds from the Pollution Recovery
Trust Fund to reimburse any expenditure froln the General Revenue Fund, Utilities Fund,
or any other fund related to costs upon approval by the Monroe County Board of County
Conlmissioners.
( 1 0) The County may institute suit in a court of competent jurisdiction to recover costs
not reimbursed more than thirty (30) days after the Administrator issues a bill. The
County shall be entitled to reasonable attorneys fees and litigation costs expended in any
such action which successfully recovers costs.
(II) For any costs not obtained by the County from the person or persons jointly and
severally liable, there shall also be a private civil cause of action wherein any person may
institute an action for recovery of costs. Any person successfully recovering costs
through such action shall be entitled to reasonable attorneys' fees and litigation costs.
( 12 ) For the purposes of determining the minimum standards of removal or restoration
activ"ities, all provisions of Chapters 376 and 403, Florida Statutes that relate to the
regulation of pollutant discharge and cleanup, water quality standards, and air quality
standards are herein adopted and incorporated by reference as part of this Article to the
same extent and to the same effect as if the provisions of each statute or law had been set
out in full, and to the extent that they do not conflict with the provisions of this Article.
All rules of the DEP adopted pursuant to same are hereby adopted and incorporated to the
same extent and to the same effect as if the provision of each rule had been set out in full,
and to the extent that they do not conflict with the provision of this Article.
(13) Every person responsible for a discharge of oil within County waters shall
promptly report the same no later then six (6) hours following the occurrence. The
Administrator may request that the person or persons liable submit a written report
detailing the cause, effect, remedial actions taken, actions taken to prevent a recurrence
and other related information about the occurrence.
ORD Oil Pollution Cost Rccovcr)' 5/20/1 () (KP) Page 8 of 9
SECTION 2. SEVERABILITY.
Should any provision of this Ordinance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of this Ordinance as a whole, or any part thereof,
other than the part declared to be invalid. If this ordinance or any provision thereof shall be held
to be inapplicable to any person, property or circumstances, such holding shall not affect is
applicabilit), to any other person, property or circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the
extent of said conflict.
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES.
The provisions of this Ordinance shall be included and incorporated into 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 5. EFFECTIVE DATE.
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 19th day of May, 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner Mario Di Gennaro
Commissioner Kim Wigington
Yes
Yes
Yes
Yes
Yes
.-:-) ~
:~ .0 ~~
. f ~.
, :: ~:;: J .- '.
'"
~
-
'=
=z
:za.
-<
N
J1
r-
rt'1
o
"
a
;0
::0
rT1
n
o
::0
o
B~~C.Ifbk,t;;)
Deputy Clerk
By
~ ~:- :tilt
~ ~:t: :x
BOARD OF COUNTY COMMISsi~RS~
OF MONROE COUNTY, FLORIDA r" :;
~
Mayor/Chairperson
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
ORD Oil Pollution Cost Recovery 5/20/10 (KP) Page 9 of 9
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
May 21, 2010
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7007 2560 0001 6107 0815
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 014-2010 amending Chapter 12,
of the Monroe County Code by creating Article VI. Oil Pollution Cost Recovery (Sec. 12-140
through Sec. 12-143); Providing for immediate enactment as an Emergency Ordinance by a
unanimous vote of the Board pursuant to F. S. 125.66(3) to waive notice of a public hearing;
Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code of Ordinances, and Providing an
effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on May 19, 2010. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis, D. C.
cc: Via e-nlail
Municipal Code Corporation
County Administrator
County Attorney
BOCC
File
. eompIet8 ItemS 1, 2, and 3. Al&J complete
item 4 If Restricted Delivery Is desired.
. Print your name and address on the reverse
so that'we can return the card to you.
. Attach this card to the baCk of the mailpiece.
or on the front if space permits.
--
1. Article Addressed to:
.'rogram Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronaugh Street
Tallahassee. Florida 32399-0250
COMPLETE THIS SECTION ON DELIVERY
A. Signature
o Agent
o Addressee
C. Date of OeUvert
x
B. Received by ( Printed Name)
D. Is delivelY address djfferel'lt from Item ~ 0 Yes
If YES. enter delivery add~~~O No
~ Of
Of:,'i' · C) \ \\\\
,,~ ..
3. SeMce Type
II CertIfied Mal' 0 expressMan
o Registered 0 RelUm Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extf8 Fee) 0 Yes
2,. ArtICle Number
(Transfer from service -1sbeI)
7007 2560 0001 6107 0815
---=
^ n 04'" ~_...... .anl ?004
Domestic Return Receipt 102595-02-M-154Q
7007 2560 0001 6107 0815
n:Q~l
~i ~_i~ !j ~
!lJPCFI Jf i. 1U
~~ S) . ~
~~ ;r>;1 fD
1u ~-- ~
~I>> g ~~. ~
!:t S>> r+ ~
~ '< ""'"
ftj~ ~
!!]g~
R a 5-
_. cS co
~::T
:cb
~q-
~I
b
I\)
~ '<:
1- ,
m:o
::SCD
o.('J)
0_
~~
3CD
<Do.
::sa
-co
~~
-@-<
ar "11
o.<D
_CD
m
::s
a.
~if
<D-
3~
co::s
:a.:o
:o~
co CD
-@-g:
~.~
Sco
o
CD
5;
<D"
a.
"11
m
IIr_ -
":',Nano,_' ,.,j
TO C~""~.aa,
ADOPWN BF1)OONTY
ORDINANCE, '
NonCE IS~ HEREBY GIVEN TO
:H~~~,;~~;:: ~iCi
3:00. P.M., or... 800ft,lIMtnMifter ~ ,
as ,may be. hMrd, 'at the · Murray I. -
E. Nelson .,.Government' Center. C
102050 ~H.ghw.y, Key
Largo, Monroe County, Florida;
the ~ard,of County. .'
Commissioners' of Monroe COUl1ty,
Florida, . intends to consider the
adoption of the following County
ordinance: . '
AN ORDINANCE BY THE
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA AMENDING
SECTION~19-1 OFTHE MONROE
COUNTY CODE OF
ORDINANCES CoNCERNING
ROAD ABANDONMENTS;
PROVIDING FOR
. . SEVERA'BILITY; PROVIDING
FOR REPEAL OF CONFUcnNG
PROVISIONS; PROVIDING FOR
AN EFFECnVE 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 ~ or
meetings, he will 'need-. NCOrd of
the proceednga, and hit. for such
.~urpose, hemey ...... ensure
ithat a Y8rbMiIft NCOnt of'''-
pr~ .. fMdet which record
Utnctudes the testimony and
::-.-vidence upon which the, appeal is
.to be bas~~
".ADA/J)SSI87'ANCE: If:,JOct'IIte"
per.son with. a dlaSliJllty . who
needs special IICCOmmot/lltlOns
in order to _ partIeIPII". In thl.
proceeding, pi.... com.ct the
Growth M8n'agement OfIIce,' by
phoning (305) 289-~517, be-
tWeen the hours of 8:30 s.m. .:
'5:00 p.m., no Is"" than ~ work-
Ing days pt'lor'to' the .cheduled
meeting; If you Bre hearing or
voice Impaired, call "711 H.
-Dated at Marathon, Florida, this
27th day of April,'2010.
DAN~Y L. KOLHAGE,
Clerk 'of the Circuit Court '.
and ex officio
Clerk. of the Board of County
. Commissioners of
Monroe County, Florida
May 2,2010
-j3UbU-~342
Tel 305-743-8766
Fax 305-743-9977
marathon@kevsnews.com
Upper Keys Office
91731 Overseas Hwy
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepress@floridakeys.com
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson,
who on oath says that he is Vice-President of Advertising Operations of the
Key West Citizen, a daily newspaper published in Key West, in Monroe
County, Florida; that the attached copy of advertisement, being a legal notice
in the matter of
~~ tv-C-tM~~
~ ()/{~~JU
was published in said newspaper in the issue(s) of
~
..
7YJPjlJ ')-()J ~
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, 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 1 year next preceding
.. 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.
Sworn and subscribed before me this 2 day of
'1tuj
,2010
Notary Public:
Marsha F. Kirkwood
~~11 ~~..
Expires: September 15, 2013
25 0 ~ "
~'.P ("") 9 c::t r-
:D r- ~ :x ,."
t;~ r'rNtJt~eal '='
\ ' f ~=~~ :_,~ _ "
~-'" : W) a
(J, A ::0
~:::; ;2 :I ;::g
Personally Known x Produced Identification ;<~~ en g
Type of Identification Produced f-~] ~ ci ::0
o
Page 1 of 1
Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
<phancock@monroe-clerk.com>
Tuesday, May 25,2010 8:42 AM
Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 4
Greetings from Municipal Code Corporation.
Below you will find the ordinances we have currently recorded to your account. These ordinances will
be codified in your next update, Supplement 4
Document Adopted Date Recorded Recorded Format
Ordinance No. 013-2010 4/21/2010 5/25/2010 Hard Copy/Electronic
Ordinance No. 014-2010 5/19/2010 5/25/2010 Hard Copy/Electronic
l(~ll
''''''~'
You can also ft€ceGO GREENft€D
and reduce the
number of supplement copies you
receIve or
just get a PDF of the supplement to
print
your own copIes.
~
~
~(i:~:":,
";,,,,_.,.~,'
-~...;.....
Update the internet version of your
Code
more often than a printed
supplement.
We can update the Internet
quarterly, monthly,
even weekly.
We can post newly enacted
ordinances
in the online Code after each
meeting.
5/25/2010
./ ....~~ '.
.' .........'M.,.' ~\~
~..,~.\
/~.~~ ~.~~~~~~
. -~~ -:~ '-;'~~T
~ i'-."3.~' ~ ~ .
~ ~ . d.. >< . ~ - -~,) .
..~~f.t7; . . '/
~~-WE~
FLORIDA DEPARTMENT OJ STATE
~ .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
May 28,2010
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
DAWN K. ROBERTS
Interim Secretary of State
....,..
......h. 0
52 l>
""'~ ('"') -:4fJW'
~ __ "",low-.
~~:.,~
C') :
:-;:: ("J A
~-: ;:ti F?
:',"~: g;
'-":'1 C)
r- ,.."
"-'
c:::a
.......
CD
;
'"'TJ
r-
f'T1
o
."
o
::0
::0
tT1
n
o
~
o
::
N
..
~
w
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated May 21, 2010 and certified copy of Monroe County Ordinance No. 014-2010, which was
filed in this office on May 25, 2010.
Sincerely,
~~
Liz Cloud
Program Administrator
LCI srd
DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850. 245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.t1.us
COMMUNITY DEVELOPMENT
850.245.6600. FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700. FAX: 850.488.4894
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
LEGISLATIVE LIBRARY SERVICE
850.488.2812. FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
•
The R orb r
P.O._Box 1197 • Tavernier, Florida 33070-1197 Dated at Key West,Florida,this
(305)852-3216 Fax: (305)852-0199 I 20th day of May,2010. '
DANNY L.KOLHAGE,
PROOF OF PUBLICATION Clerk of the Circuit Court
and ex officio Clerk of the Board '
I of County Commissioners of
•STATE OF FLORIDA --. " Monroe County,Florida
COUNTY OF MONROE Ad#2512200 (SEAL)
NOTICE OF ADOPTION OF Published:5/28/2010
Before the undersigned authority personally ORDri NANccEUNTY The Repo Tavernier,
appeared DAVID GOODHUE who on oath, says , - - -- - -.
that he is EDITOR of THE REPORTER, a weekly TO WHOM TMAYCONCERN
newspaper entitled to publish legal advertising that on May 19,2010 at - , ' .
published at Tavernier, Monroe County, Florida: ••approximately2:00P.M.atthe ,, "
that the attached copyof advertisement, being 'Murray E.Nelson Government
Center,102050 Qverseas .
LEGAL NOTICE in said newspaper in the-issue—' Highway,Key Largo,Monroe , - - --- -- . -_
Of: County,Florida,the Board of
County Commissioners of
May 28 2010 Monroe County,Florida,after "
unanimous vote to waive notice
•of a public hearirig pursuant to
Affiant further says that THE REPORTER is a F.S.125.66(3),adopted the -
following ordinance:
newspaper published at Tavernier, in said.
Monroe County, Florida, and that the said AN ORDINANCE OF THE ' •
BOARD OF COUNTY
newspaper has "heretofore been continuously = COMMISSIONERS OF '
published in the said Monroe County; Florida, ; MONROE COUNTY,
each week (on Friday), and has been entered as CLORIDAAMENDING
HAPTER12.OFTHE
second class mail matter at the Post Office in , MONROE COUNTY CODE BY
Tavernier, in said County of Monroe, Florida, for pOLLUTION cOSTLEvI°OIL
a" period of one.year next .preceding the first RECOVERY(SEC.12-140 .
publication ofthe attachedcopy
ubliti of THROUGHPROVIDING SEC°FOR 12-143);
'
advertisement; and affiant further says that she IMMEDIATE ENACTMENT ' ' -
has neither paid nor promised any firm, person, AS ANEMERGENCY '
ORDINANCE BYA _
or corporation any. discount, rebate, UNANIMOUS VOTE OF-THE • .
• . commission or refund for the purpose of BOARD T
125.66(3)TO WAPURSUANIVE NOTICE TooF°S. i -
securing this advertisement for publication in OFAPUBLJCHEARING;
the said newspaper hat.The Reporter is in ' • PROVIDING FOR ' . . , •
SEVERABILITY;PROVIDING - .
full. compliance wi apter 50 of the Florida FOR THE REPEAL OF ALL -
State Statutes Le al and Official 1 ORDINANCES
_ INCONSISTENT HEREWITH;
men Advertisets 4 PROVIDING FOR - - - " —
INCORPORATION INTO THE r _ o '1
MONROE COUNTY CODE OF ';) -a
' ORDINANCES;AND 7-:C 1= =• C_ H
�, . . PROVIDING AN EFFECTIVE . -^0 t--
DATE. — w
•
•-,- -rl
Sworn to and subscribed" before me this 28th Pursuant to Section286.0105, �.-;, o "
Florida Statutes,notice is given ' `"c «:s
day of May, 2010. 1 that if a person decides to . .-'=: -0
t appeal any decision made by �'�' - r I.
'the Board with respect to any, . ..`'r, . C')
•
matter considered at such !s"' N O "
-/ G')
hearings or meetings,he will '_._, rn
UI
need a record of the --. O
C SS G proceedings,and that,for such
Notary purpose,he may need to
5 - U ^ / r\ 'ensure that a verbatim record
U ( LJ of the proceedings is made,
which record includes the
testimony and evidence upon .
which the appeal is to be - ' ,
based.
MARGARET J.WIiISENHUNT •
CONTINUED IN THE NEXT COLUMN
In, MY COMMISSION#00881967
EXPIRES:JUN 22,2013
Bonded through 1st State Insurance
, i No.2488000. '
FLORIDA KEYS NOTICE OFADOP'TION
',II
-r—:71 —�i \ j; \ OF ORDINROE NANCE
COUNTY.
f ( i.• ' r�a FILED FOR RECORD
k _ _I�_:a L..1 ti Axl ��../ L.; _.'s 1 T ■A�, i NOTICE IS HEREBY GIVEN',
AY C
Published Twice Weekly 2010 JUN 10 Alf t0: t�4 hatoni May OM l 9M 010 ai
0NCERN
Marathon Monroe County Florida •
the MurraymatelyelsoP.M.at
/�p i, the Mu E.Nelson _
D A N t L. R U L.H A G E I� Government Center,102050
CLERK' I R C • �i Overseas Highway,Key '
PROOF OF PUBLICATIONG? t `�li;l' �, I: pp Largo,Monroe County,
I Florida,the Board of County
I
Commissioners of Monroe •
I County],Florida,after
STATE OF FLORIDA i` unanimous vote to waive notice
COUNTY OF MONROE of a public hearing pursuant to
F.S.125.66(3),adopted the
Before the undersigned authority person- following ordinance:
ally appeared WAYNE MARKHAM who on
AN QRDINANCE OF THE
oath, says that he is PUBLISHER of the BOARD OF COUNTY ;
FLORIDA KEYS KEYNOTER, a twice COMMISSIONERS OF •
MONROE COUNTY,,,
weekly newspaper published in Marathon, _ _ FLORIDA AMENDING . -
in Monroe County, Florida: that the 1; CHAPTER12.OFTHE '
MONROE COUNTY CODE BY
attached copy of advertisement . was Ij CREATING ARTICLE VI.OIL
published in said newspaper in the issues • ;; POLLUTION COST
of: dates Of ublicatlon i1 RECOVERY(SEC.12-140
( � p ) 1 THROUGH SEC.12-143 ; •
1
PROVIDING FOR )
�� ,�O/v I IMMEDIATE ENACTMENT
ORDINANCE BY '
UNANIMOUS VOTE OF THE.
BOARD PURSUANT TO F.S.
125.66(3)TO WAIVE NOTICE
Affiant further says that the said FLORIDA_ OF A PUBLIC HEARING;
PROVIDING FOR
• KEYS KEYNOTER is a newspaper published SEVERABILITY;PROVIDING !
at Marathon, in• said Monroe County, ;" FOR THE REPEAL OFALL ,
ORDINANCES
Florida, and that the said newspaper has I , INCONSISTENT HEREWITH;
heretofore been continuously published in i PROVIDING FOR
INCORPORATION INTO THE 1
said Monroe. County, Florida, twice each MONROE COUNTY CODE OF
week (on Wednesday and Saturday) and I ORDINANCES;AND
I PROVIDING AN EFFECTIVE ;
has been entered as a second class mail DATE.
matter at the post office in Marathon, in r - .
Monroe County, Florida, for a period of Pursuant to Section286.0105, I
I Florida Statutes,notice is given 1
one year next preceding the first 'thatifapersondecidesto .
publication of the attached copy of I appeal any decision made by I
i the Board with respect to any I- '
advertisement. The affiant further says I matterconsideredatsuch
that he has neither paid nor promised any ! IcoNnNVEO/N TIN NEXT COLUMN!
person, firm, or corporation any discount,
rebate, commission or refund for the I hearings or meetings,he will '
ur ose of securingthis advertisement for A
need a record of the
P P proceedings,and that,for such
publication in the said newspapers) and •• . purpose,he may need to ;
ensure that a verbatim record
that The Florida Keys Keynoter is in full ! of the proceedings is made,
compliance with Chapter 50 of the Florida . which record includes the
State Statutes on Legal and Official testimony and evidence upon
I which the appeal is to be
Advertisements. , based. 1
Dated at Key West,Florida,this
20th day of May,2010.
DANNY'L.l<OLHAGE,,
Clerk cif the Circuit Court
Sworn o and sued before me and ezofficio Clerk of the Board
.
this Day of / , 2010 I of County Comrnissiorers of '
(SEAL) Monroe County,Florida
y� i Publish May 26,2010.
;?qti''e yam; BEVERLY7RAEGER Florida Keys Keynoter
=.r ‘4% .r MY COMMISSION#DD 969749 , !
G' //✓/A/r/ - EXPIRES:April 18,2014 J
w•"or"%�pf A;�' Bonded Thru Notary Public Underwriters
Notary
~
STATE OF FLORIDA
COUNTY OF MONROE
7Jle __ ~ 0nI.lr a.ilt' ~... "'.... . mot. ,_
Cooke Communications, LLC
Florida Keys
Marsha F. Kilrkwood
Advertising Coordinator
PO Box 1800
Key West FI :33041
Office... .305-292-7777
Extension....... .x219
Fax..... ..305-295-8025
leaals@kevsnews.com
INTERNET PUBLISHING
keywest.com
keysnews.com
f1oridakeys.com
key-west.com
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free Pmss
Islamorada Free Press
Key Largo Free Press
MARKETING SERVICES
Commercial Printing
Citizen Locals Canj
Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
c itizen0Jkevwest. conl
Internet Division
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.c:om
Middle Keys Offi~l
6363 Overseas HWll
Marathon, FL (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
marathon0Jkevsnews.com
Upper Keys Office
91731 Overseas Hv.'Y
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepress@f1oridakeys.com
Before the undersigned authority personally appeared Randy G. Erickson,
who on oath says that he is Vice-President of Advertising Operations of the
Key West Citizen, a daily newspaper published in Key West, in Monroe
County, Florida; that the attached copy of advertisement, being a legal notice
in the matter of
7Jd<:~ /~t;.v l' ~ ~~
was published in said newspaper in the issue(s) of
r;b~;2..~ 2tJ I?)
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, 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 1 year next preceding
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;, w:/
/5?J-{;;l&
, Signature of Affiant
Sworn and subscribed before me this M day of ~
,2010
Notary Public:
Marsha F. Kirkwood
11~4- .x Z~/~
o ~ .,
~ > <::::I I
~ ::J <:.- fTl
, . ,- ",' N9Y Satl
N .,
U1 0
:::0
:::0
fTl
(J
o
:::u
o
Expires: September 15,2013
==-
::J:
Q
N
N
Personally Known x Produced Identification
Type of Identification Produced
-..; ).~-
,......,.
.....,
1-1';
019 , .
',NOTICE OF ADQPTIO_ N OF
MONROE COUNTY'J�.P!NANCE -
E NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that ;.
ti on May 19,2010 at
approximately 2:00 P.M. at the
Murray E. Nelson Government
Center,102050 Overseas '.:
Highway, Key Largo, Monroe'
•
County, Florida, the Board of .
• ! County Commissioners of,Monroe
•
County, Florida, after unanimous .
vote to waive notice of a public
hearing pursuant to F. S. ,
. p 125.66(3), adopted the following - '
ordinance: .
P AN ORDINANCE OF THE •
BOARD OF COUNTY ,i
' COMMISSIONERS OF MONROE
COUNTY,FLORIDA AMENDING R
CHAPTER 12.OFTHE MONROE
COUNTY CODE BY CREATING.
- ARTICLE VI. OIL POLLUTION
COST RECOVERY(SEC.12-140
THROUGH SEC.12-143);
PROVIDING FOR IMMEDIATE
ENACTMENT AS AN
EMERGENCY ORDINANCE BY A -
UNANIMOUS VOTE OF THE
BOARD PURSUANT TO F.S.
1 125.66(3)TO WAIVE NOTICE OF
p A PUBLIC HEARING;
PROVIDING FOR •
. " SEVERABILITY;PROVIDING
FOR THE REPEAL OF ALL.
ORDINANCES INCONSISTENT
HEREWITH;PROVIDING FOR
INCORPORATION INTO THE
ORDINANCES;AND PROVIDING
AN EFFECTIVE DATE. .
Pursuant to Section 286.0105, , -
Florida Statutes, notice is given .
that if a person decides 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. ,
• ' Dated at Key West, Florida, this( '
20th day of May,2010.
I ..
DANNY L.KOLHAGE,
. I Clerk of the Circuit Court
• I and ex officio
Clerk of the Board of County
Commissioners of
Monroe County,Florida
May 23,2010