Ordinance 019-2012 •
ORDINANCE 019- 2012
AN ORDINANCE OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AMENDING SECTION 21 -72, 21 -76 AND SECTION
21 -46 AND CREATING SECTION 21 -77 OF THE
MONROE COUNTY CODE; PROVIDING FOR
AMENDED AND NEW DEFINITIONS RELATING
TO SPECIALTY HAULERS; PROVIDING FOR
NEW AND AMENDED REGULATIONS
RELATING TO SPECIALTY HAULERS;
PROVIDING FOR PENALTIES FOR
VIOLATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the definitions in Section 21 -46 of the Monroe County Code should
be revised to describe in more detail the scope and types of collection allowed by the
Monroe County Solid Waste Department; and
WHEREAS, the Monroe County Code ( "Code ") should also be revised to
accurately reflect current license requirements and regulations of specialty haulers as
required by the Monroe County Solid Waste Department; and
WHEREAS, in order to ensure compliance with the requirements and regulations
as set forth in the Code and to allow for enforcement, the Code should be amended to
provide penalties for violations;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 21 -46 Definitions Business shall be created to read as follows:
Business means any commercial or public entity, including but not limited to a firm,
partnership, corporation, or association that is organized as a for - profit entity, strip mall
(e.g. property complex containing two or more commercial entities), industrial facilities,
school, school district, community colleges, medical facilities, supermarkets, bars,
restaurants, financial institutions (banks), regional agency or facility. Local jurisdiction
can establish other specific exemptions.
SECTION 2: Section 21 -46 Definitions Commercial Recycling shall be created to read
as follows:
Commercial Recycling means materials generated directly by businesses, as defined in
this section.
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SECTION 3: Sec. 21 - 46 Definitions Commercial Recyclable materials shall be created
to read as follows:
Commercial recyclable materials means any material from commercial property which is
capable of being recycled and which, if not recycled, would be processed and disposed of
as solid waste. The term "recyclable material" shall include green glass, brown glass, and
clear glass; aluminum and steel cans and scrap metal; plastic containers, mixed paper,
newspaper, corrugated cardboard, office paper, and phonebooks. Any recyclable material
mixed with solid waste shall be considered solid waste. Recyclable materials shall only
be collected from commercial property.
SECTION 4: Sec. 21 -46 Definitions Endorsement shall be created to read as follows:
Endorsement means an amendment or addition to the Specialty Hauler's license that will
allow collector /specialty hauler to pick up additional materials.
SECTION 5: Sec. 21 -46 Definitions Secondary Metals Recycler shall be created to read
as follows:
Secondary Metals Recycler means any person who:
(1) From a fixed location is conducting the business of gathering or obtaining ferrous
or nonferrous metals that have served their original economic purpose or is in the
business of performing the manufacturing process by which ferrous metals or
nonferrous metals are converted into raw material products consisting of prepared
grades and having an existing or potential economic value; or
(2) Has facilities for performing the manufacturing process by which ferrous metals
or nonferrous metals are converted into raw material products consisting of
prepared grades and having an existing or potential economic value, other than by
the exclusive use of hand tools, by methods including, without limitation,
processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding,
shearing, or changing the physical form or chemical content thereof.
SECTION 6: Sec. 21 -46(2) Special solid waste shall be amended to read as follows:
(2) Special solid waste means commercial white goods, construction and demolition
debris, biohazardous wastes, e- waste, extraordinary waste, hazardous waste,
metal, and sludge as defined as follows:
a. Commercial white goods means large electrical home appliances,
refrigerators, washing machines, washers, dryers, freezers, stoves, ovens,
dishwashers, trash compactor, metal dehumidifiers, water heaters, heaters,
air conditioners, furnaces and other large metal appliances generated from
commercial property. White good materials shall only be collected from
commercial property.
b. Construction and demolition debris (C & D) means discarded materials
resulting from structural and functional materials comprising the structure
and surrounding site improvements from the alteration, construction,
destruction, rehabilitation, or repair of any manmade physical structure
including houses, buildings, industrial or commercial facilities, and
roadways generally considered to be not water soluble and nonhazardous
in nature, including but not limited to steel, glass, brick, concrete and other
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masonry materials, stone, glass, asphalt and asphaltic substances, roofing
material, plumbing fixtures, including toilets, sinks, water heaters and pipe,
gypsum wallboard, wall coverings, drywall and incidental paper, insulation and
framing and finishing lumber, electrical wiring and components containing no
hazardous fluids or refrigerants from the construction or destruction of a structure
as part of a construction or demolition project or from the renovation of a
structure, and including rocks, soils, tree remains, trees, and other vegetative
matter that normally results from land clearing or land development operations for
a construction project, including such debris from construction of structures at a
site remote from the construction or demolition project site. Mixing of
construction and demolition debris with other types of solid waste will cause it to
be classified as other than construction and demolition debris. The term also
includes:
1. Clean cardboard paper, plastic, wood, wood chips, heating
equipment, including furnaces and duct work, floor covering or
carpeting and metal scraps and screen materials from a
construction project; weathered railroad ties and weathered utility
poles; and
2. De minimis amounts of other nonhazardous wastes that are
generated at construction or destruction projects, provided such
amounts are consistent with best management practices of the
industry.
3. C &D does not include materials whose removal has been required
prior to demolition. Example: asbestos and PCB containing
materials. C &D does not include materials identified or listed as
solid wastes, electronic waste, infectious wastes, or hazardous
waste, nor does it include materials resulting from mining
operations. Containerized or bulk liquids, fuel tanks, drums and
other closed or filled containers, tires, and batteries are also not
considered C &D. Appliances are not considered C & D unless
they were attached to the structure before the demolition.
c. Biohazardous wastes means any solid waste or liquid waste that may
present a threat of infection to humans. The term includes, but is not
limited to, non - liquid human tissue and body parts; laboratory and
veterinary waste that contains human disease - causing agents; discarded
disposable sharps, human blood, human blood products and body fluids.
The term does not include human remains that are disposed of by persons
licensed under F.S. ch. 497. The following are also included:
1. Used, absorbent materials such as bandages, gauzes or sponges
that are supersaturated, having the potential to drip or splash blood
or body fluids, from areas such as operating rooms, delivery
rooms, trauma centers, emergency rooms or autopsy rooms;
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2. Devices that retain visible blood adhering to inner surfaces after
use and rinsing such as intravenous tubing, hemodialysis filters and
catheters;
3. Other contaminated solid waste materials that represent a
significant risk of infection that are generated in medical facilities
that are for persons suffering from those rare or unusual diseases
requiring strict isolation criteria and listed by the U.S. Department
of Health and Human Services, Centers for Disease Control, "CDC
Guidelines for Isolation Precautions in Hospitals," July /August,
1983; and
4. Other materials that in the opinion of the state department of health
represent a significant risk of infection to persons outside the
generating facility.
d. E -Waste is an informal name for electronic products /equipment nearing
the end of their "useful life." Computers, televisions, VCRs, stereos,
copiers, and fax machines are common electronic products. Many of these
products can be reused, refurbished, or recycled. Certain components of
some electronic products contain materials that render them hazardous,
depending on their condition and density. For instance, nonfunctioning
CRTs (cathode ray tubes) from televisions and monitor are classified as
hazardous.
e. Extraordinary waste includes items that require extraordinary
management due to their extreme bulk or weight and shall include, but not
be limited to, abandoned automobiles, automobile parts, tires, boats, and
matter or debris resulting from tree removal, land clearing, land
development or such other like material not defined herein as horticultural
trash.
f. Hazardous waste means solid waste, or a combination of solid wastes,
that, because of its quantity, concentration, or physical, chemical, or
infectious characteristics, may cause, or significantly contribute to, an
increase in mortality or an increase in serious irreversible or incapacitating
reversible illness or may pose a substantial present or potential hazard to
human health or the environment when improperly transported, disposed
of, stored, treated, or otherwise managed. The term does not include
human remains that are disposed of by persons licensed under F.S. ch.
497.
g. Metal means both ferrous metals and nonferrous metals, as defined as
follows:
1. "Ferrous metals" means any metals containing significant
quantities of iron or steel.
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2. "Nonferrous metals" means metals not containing significant
quantities of iron or steel, including, without limitation, copper,
brass, aluminum, bronze, lead, zinc, nickel, and alloys.
h. Sludge means any solid or semisolid or liquid generated from any water or
wastewater treatment plant, air pollution control facility, septic tank,
grease trap, portable toilet and related operations, or any such waste
having similar characteristics or effect.
SECTION 7: Sec. 21 -46 Definitions Specialty hauler shall be amended to read as
follows:
Specialty hauler means those persons who provide for the collections of the following
materials as defined in this article; commercial recycling, commercial white goods,
construction and demolition debris, e- waste, metal, and sludge, however it does not
include private individuals transporting or disposing of their personal property.
SECTION 8: Section 21 -72(a) shall be amended to read as follows:
(a) Any persons that provide collection services within the unit shall obtain a license,
as provided herein. Any person collecting any special solid waste shall be
required to obtain a license prior to collection of such waste and shall comply
with all provisions of this section; provided, however, that the applicant for a
building permit that has elected to collect and dispose of construction waste
pursuant t o section 21 -75 shall be exempt from the requirement of obtaining a
license. Each collector and specialty hauler shall be required to obtain a license.
The standards for obtaining a license shall be as follows:
(1) Any individual who desires to obtain a license from the county shall be at
least 18 years old. A partnership, corporation or other business entity that
desires to obtain a license must currently be in good standing with the
Florida Department of State, Division of Corporations.
(2) No license shall be issued to any person who has failed to file a sworn
statement under F.S. § 287.133(3)(a) on public entity crimes or who is
disbarred from contracting with the county pursuant to F.S. § 287.13.
(3) The applicant shall provide evidence that he has obtained all permits and
licenses required by law or ordinance in order to provide residential or
commercial collection services or special waste collection, and shall
maintain the same in full force and effect.
(4) The applicant shall provide a list of vehicles by size and type, including
the vehicle identification number, that will be used to provide the
collection services, or special solid waste collection. The applicant shall
notify the county of any changes in equipment within 14 days. The county
shall have the right to inspect such vehicles at any time.
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(5) The applicant must sign a sworn affidavit that all solid waste collected
shall be disposed of at the solid waste disposal facility, except as
otherwise permitted under subsection (e) of this section or section 21 -70,
and that the applicant will comply with all standards and provisions of this
article.
(6) All applicants for a license must demonstrate that they are financially
responsible. The applicant shall provide a sworn statement to the county
that he has:
a. No unsatisfied judgments against him resulting from the collection
or disposal of any domestic solid waste or special solid waste as
defined in this article; and
b. No liens of record by the Internal Revenue Service or the corporate
tax division of the state against any business or any organization he
is qualifying.
(7) Each applicant shall agree to indemnify the county from any loss that may
result from the failure of the applicant to perform his responsibilities.
(8) The applicant shall furnish proof of comprehensive liability insurance in
an amount deemed adequate by the board, but not less than $100,000.00
per person bodily injury, $300,000.00 per occurrence, and $50,000.00
property damage per occurrence. Each holder of a license shall furnish
evidence of the above - described insurance prior to having his license
renewed each year.
(9) Prior to the issuance of a license, every applicant shall show proof that the
requirements of the Workers' Compensation Law of the state have been
met. Each holder of a license shall furnish evidence that the requirements
of the Workers Compensation Law of the state have been complied with
prior to having his license renewed each year.
SECTION 9: Section 21- 72(d)(4) shall be created to read as follows:
(4) All equipment used by specialty haulers in the collection and transportation of
waste must be clearly identified with the name of the collector, his/her telephone
number and license number in lettering greater than 4 inches.
SECTION 10: Section 21 -72(e) shall be amended to read as follows:
(e) The following requirements are only applicable to specialty haulers
(hereafter term "collector" in this subsection) engaged in the collection and
transportation of special solid waste materials.
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(1) The collector must apply to the county for a nonrefundable special solid
waste license. The application fee is $250.00. The initial license fee is
$1,500.00 and each annual renewal fee is $1,000.00. The fee for an
additional collection endorsement on the license is $750.00 and will allow
for collection of additional materials. The County may pro rate the fee for
the initial licenses only.
(2) The collector must pay a ten percent surcharge on the collector's gross
receipts received for special solid waste removal; except, however, no
surcharge is due on the gross receipts received for materials that are
delivered to the county's transfer stations and the full tipping fee is paid.
The surcharge is payable monthly and is due 15 days after the close of
each month. The payment must be accompanied by a report listing
locations of service, the customer fees charged, the amount of recovered
material and the disposal site, together with receipts from the disposal
facility, stating volume or weight.
(3) In order to ensure compliance with subsection (e)(2) of this section, the
collector's financial records must be provided upon request to
representatives of the county during regular business hours (Monday
through Friday, 9:00 a.m. to 5:00 p.m., holidays excepted). •
(4) All equipment used by the collector or their agent in the collection and
•
transportation of special solid waste material must be clearly identified
with the name of the collector, his telephone number and his license
number in lettering greater than 4 inches. The collector must purchase
from the county a county decal/sticker for each vehicle used in the
collection of special solid waste material. Each decal/sticker costs $250.00
and is valid from October 1 to September 30. The decal/sticker assign to
each vehicle may not be transferred or sold. The decal/sticker must clearly
show the date of purchases and be displayed/affixed on the front
windshield on the passenger side of the vehicle. In addition to displaying
the decal/sticker, the collector shall also keep a copy of the license in the
vehicle and shall present a copy upon request.
(5) Special solid waste material must be sufficiently covered or contained to
prevent the release of the material while in transit.
(6) All special solid waste material must be disposed of at a solid waste
facility permitted for such material by the Florida Department of
Environmental Protection.
(7) A collector exiting the county with equipment loaded with special solid
waste material shall keep record of the following information and shall
provide the following information to the County upon request: •
a. The company name, address, and telephone number;
b. The driver's name;
c. The specialty hauler's license number;
d. The vehicle number;
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e. The container number and size (if applicable);
f. The building permit number (if applicable);
g. The service address/location;
h. The disposal site (including DEP permit number);
i. The service ticket number; and
j. The cost of service.
(8) A collector disposing of special solid waste within the county at a site
other than a county -owned transfer station shall, on a monthly basis,
deliver service tickets containing the information set forth in subsection
(e)(7) of this section, to the office of solid waste management.
(9) A collector licensed under this subsection, shall not collect any residential
or commercial solid waste without first obtaining a franchise therefore. A
collector is only authorized to collect the following materials for which
a license or endorsement has been obtained from the County; commercial
recycling, commercial white goods, construction and demolition debris, e-
waste, metal, and sludge.
(10) The county administrator is authorized to suspend or revoke the license of
collector when the administrator determines that the collector has violated
a provision of this section. Before suspending or revoking the license the
administrator must afford the collector an opportunity to offer such
evidence as the collector deems necessary to support his position,
although the administrator is not bound to consider, and may reject,
evidence that is cumulative, slanderous, or irrelevant. The administrator's
decision on a suspension or revocation must be in writing and state the
reasons therefore. The decision is the final administrative action of the
county. This subsection (e)(10), is cumulative to all other lawful remedies
and procedures available to the county for the enforcement of its
ordinances, including, but not limited to: prosecution as a second degree
misdemeanor; issuance of citations to appear in county court; prosecution
before the county code enforcement board or special magistrate; and suits
for injunctive relief.
SECTION 11: Section 21 -72(g) shall be repealed in its entirety.
SECTION 12: Section 21 -76(c) shall be amended to read as follows:
(c) No person may provide collection services unless certified pursuant to the
provisions of section 21 -72 and pursuant to a collection agreement.
SECTION 13: Section 21 -77 of Chapter 21 is hereby created to read as follows:
Sec. 21 - 77 Penalties.
Violation of this Section shall be prosecuted in the same manner as misdemeanors are
prosecuted. Such violations shall be prosecuted in the name of the state in a court having
jurisdiction of misdemeanors by the prosecuting attorney thereof, and upon conviction
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, •
shall be punished by a fine not to exceed five hundred dollars ($500.00) or by
imprisonment in the county jail not to exceed sixty (60) days or by both such fine and
imprisonment.
SECTION 14: SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not
affect the remaining portions of this ordinance. If this ordinance or any provision thereof
shall be held to be inapplicable to any person, property or circumstances, such holding
shall not affect its applicability to any other person, property or circumstances.
SECTION 15: 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 16: INCLUSION IN CODE OF ORDINANCES. 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 17: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be
filed with the Department of state and shall be effective as provided in section 125.66(2),
Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18th day of July, 2012.
Mayor David Rice Yes =
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
- _ Commissioner George Neugent Yes
Commissioner Sylvia Murphy Yes
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
B� By
Deputy Clerk Mayor /Cha person
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
CHRISTINE M. LIMBERT- BARROWS
ASSISTANT COUNTY ATTORNEY
9 Date �J�D1L
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
500 WHIT EHEAD STREET, SUITE 101 46000 o�`cG PLANTATION KEY
KEY WEST, FLORIDA 33040 iQ ° :'••• "• GOVERNMENT CENTER
TEL. (305) 294 -4641 j *: 88820 OVERSEAS HIGHWAY
FAX (305) 295 -3663 0 ;: �,;y�l' d � PLANTATION KEY, FLORIDA 33070
1 ° I.' '; TEL. (305) 852 -7145
BRANCH OFFICE: �� "` t FAX (305) 852 -7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD
N ROE OUNTY
TEL. (305) 289 -6027 PLANTATION KEY, FLORIDA 33070
FAX (305) 289 -1745 www.clerk -of- the - court.com TEL. (305) 852 -7145
FAx (305) 853 -7440
July 27, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7012 1010 0003 4990 5026
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 018 -2012 establishing Monroe County Code Section 19 -8, restriction on
use of county roads, providing a procedure to limit access to public roads.
Ordinance No. 019 -2012 amending Section 21 -46 to amend definitions relating to
specialty haulers, amending 21 -72 to revise requirements and regulations relating to specialty
haulers and creating Sec. 21 -77 to provide penalties for violations of the Ordinance.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on July 18, 2012. 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: Pamela G. Hancock, D.C.
cc: Municipal Code Corporation via e-mail
Growth Management via e-mail
County Attorney via e-mail
Public Works via e -mail
File
U.S. Postal ServiceTM
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
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0 For delivery information visit our website at www.usps.coma
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0— Postage 'S 330
Certified Fee
fT1 nP iark t
Return Receipt Fee I cf u Here'
(Endorsement Required) ` 3 i `�l `�
Restricted Delivery Fee (\.
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C] Total Postage&Fees • 6
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VATagsee FL 32399-0250
' PS Form 3800,August 2006 , See Reverse for Instructions
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1, 2, and 3. Also complete A. Signature
Rem 4 If Restricted Delivery is desired. x ,j6P T. OF STATE ❑ Agent
• Print your name and address on the reverse ❑ Addressee
so that we can return the card to you. B. Received b
• Attach this card to the back of the mailpiece, y n C. Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
Ms. Liz Cloud, Program Administra._or
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250 3. Service Type
Cedflied Mail ❑ Express Mail
(Ordinances 018 & 019) ❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number 7 012 1010 0003 4 9 9 0 5026
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02 -M -1540
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 31, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated July 27, 2012 and certified copies of Monroe County Ordinance Nos. 018 -2012 and 019 -2012, which
were filed in this office on July 31, 2012.
Sincerely,
A UOAS
/ ►
Liz Clous
Program Administrator
LC /elr ti
PJ
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
Page l of l
Pam Hancock
From: <ords @municode.com>
To: <phancock @ monroe- clerk.com >; <grimsley- susan @monroecounty- fl.gov>
Sent: Tuesday, July 31, 2012 2:26 PM
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 7 Update 3
****THIS I S AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account. This material
is being considered for inclusion in your next/current update, Supplement 7 Update 3
Adopted Recorded
Document Date Recorded Format
Ordinance No. 010- 5/16/2012 7/26/2012 PDF
2012
Ordinance No 016- 6/20/2012 7/9/2012 PDF
2012
Ordinance No. 017- 7/18/2012 7/26/2012 PDF
2012
Ordinance No 018- 7/18/2012 7/31/2012 PDF
2012
Ordinance No 019- i
2012 7/18/2012 7/31/2012 PDF
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8/6/2012