Ordinance 005-2018ORDINANCE NO. 005 -2018
AN ORDINANCE OF MONROE COUNTY, FLORIDA, PROVIDING
FOR THE PERMISSIBLE USE OF ELECTRONIC SIGNATURES AND
ELECTRONIC NOTARIZATION ON CERTAIN DOCUMENTS
SUBMITTED TO THE COUNTY; PROVIDING FOR PERMISSIBLE
USE OF ELECTRONIC RECORDS AND TRANSACTIONS;
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING
ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is becoming a common practice for governments at the local, state and
federal levels to accept documents filed electronically, and bearing electronic signatures and
notarization; and
WHEREAS, the Electronic Signature Act of 1996, § §668.001 through 668.06, Fla. Stat.,
enacted by the Florida legislature in 1996, states that it is the intention of the legislation to facilitate
economic development and efficient delivery of government services by means of use of electronic
messages and to foster e- commerce by allowing a government entity to specify whether or not it will
accept electronically filed and signed documents, and to prescribe the conditions under which it will
do so; and
WHEREAS, the Uniform Electronic Transaction Act, 5 668.50, Fla. Stat., was enacted by
the Florida legislature in 2000, applies to commercial transactions, and provides, among other things,
that if a provision of law requires a signature, then an electronic signature satisfies the provision, and
further provides that if a law requires a signature to be notarized, then the requirement is satisfied if
the signature of the notary is in electronic form; and
WHEREAS, the federal E -Sign Act, 55 15 U.S.C.A. 7001 et seq., adopted by Congress and
signed into law in 2000, provides that a signature on a contract with respect to any transaction in
interstate or foreign commerce is enforceable and may not be denied legal effect solely because an
electronic signature was used to execute the contract; and
WHEREAS, acceptance of documents filed and signed electronically is beneficial to citizens
and businesses interacting with local governments by permitting the citizens to submit documents
electronically rather than by hand delivery, overnight delivery or mailing, and is environmentally
friendly in that it eliminates the need for the presentation of multiple paper copies of documents;
and
WHEREAS, use of electronic signatures and electronic records will save considerable
amount of staff time for Monroe County; and
WHEREAS, the Monroe County Board of County Commissioners therefore deems it to be
in the best interests of the health, safety, welfare and convenience of the citizens and businesses with
which the County interacts, to establish a mechanism for acceptance of certain documents filed
electronically and bearing electronic signatures;
NOW THEREFORE, BE IT ENACTED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION I . Article XI of the Code of Ordinances of Monroe County, Florida ( "Code "),
entitled Electronic Signatures, is hereby created in Chapter 2 of the Code to read as set forth below:
Article XI. Electronic Signatures, Records and Transactions Act.
Sec. 2 -770. Purpose and Intent.
In accordance with F.S. §§ 668.001 through 668.006 and § 668.50, the Electronic
Signature Act of 1996 and the Florida Uniform Electronic Transaction Act, respectively,
Monroe County intends to treat an electronic document as having the same force and effect
as a document obtained by traditional, manual means. Electronic commerce, including but
not limited to the implementation and authorization of electronic signatures including
signatures of notaries, electronic records and electronic commerce, can benefit Monroe
County. Electronic commerce has the potential to facilitate economic development and to
improve efficiency of governmental services, expedite business transactions, decrease paper
use, and reduce costs associated with manual signatures.
Sec. 2-771 Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them, except when the context clearly indicates a different
meaning:
Electronic signature has the same meaning as in F.S. � 668.003.
Digital signature has the same meaning as in F.S. § 668.003.
Electronic record has the same meaning as in F.S. § 668.50.
Record has the same meaning as in F.S. § 668.50.
Transaction has the same meaning as in F.S. § 668.50.
Sec. 2 -772 Permissible use of electronic signatures, records and transactions.
(a) Force and e ffect of an electronic signature.
(1) Unless otherwise provided by law, an electronic signature submitted
to Monroe County may be used to sign a writing for all purposes and shall
have the same force and effect as a manual signature.
(2) The county administrator is authorized and directed to adopt control
processes and procedures to ensure adequate integrity, security,
confidentiality and auditability of electronic signatures, consistent with this
ordinance and F.S. 5§ 668.001 through 668.006 and § 668.50, and to ensure
that the storage of electronic records complies with State of Florida records
retention law for electronic records.
(b) Force and effect of an electronic record. Unless otherwise provided by law,
electronic records shall be considered and shall be treated the same as any other
records for all purposes, with equal validity.
SECTION II. 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 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 its applicability to any other person, property or
circumstances.
SECTION III. 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 IV. INCLUSION IN THE 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 if necessary to
conform to the uniform numbering system of the code.
SECTION V. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of-State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED at the regular meeting of the Board of County Commissioners
of Monroe County, Florida, held on the 21st day of March , 2018.
Mayor David Rice
Mayor Pro Tern Sylvia J. Murphy
Commissioner Danny Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
r , 'I
ATTEST: KEVIN MAD OK, CPA, CLERK
By: Deputy Clerk
Yes
Yes
Yes
Not p resent -
Yes
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
BY
3
David Rice, Mayor
MONROE COUNTY ATTORNEY
AP iYNTHIA VED AS / POPM:
L. HALL
ASSISTANT COUNTY ATTORNEY
Date -- - c °LO t
•,
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDWANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on March 21, 2018 at 3:00
P.M., or as soon thereafter as
may be heard, in the Murray
E. Nelson Government
Center, 102050 Overseas
Highway, Key Largo, Monroe
County, Florida, the Board of
County Commissioners of
Monroe County, Florida, intends
to consider the adoption of the
following County ordinance:
AN ORDINANCE OF MONROE
COUNTY, FLORIDA,
PROVIDING FOR THE
PERMISSIBLE USE OF
ELECTRONIC SIGNATURES
AND ELECTRONIC
NOTARIZATION ON CERTAIN
DOCUMENTS SUBMITTED TO
THE COUNTY; PROVIDING
FOR PERMISSIBLE USE OF
ELECTRONIC RECORDS AND
TRANSACTIONS; PROVIDING
FOR SEVERABILITY;
REPEALING CONFLICTING
ORDINANCES; PROVIDING
FOR INCLUSION IN THE
CODE OF ORDINANCES;
AND PROVIDING AN
EFFECTIVE DATE.
RECEIVED
KEY WFST
N STATE OF FLORIDA MAR 8 2018
aw, Eat. 1876
LLC COUNTY OF MONROEONROE COUNTY ATTORNEY
Before the undersigned authority personally appeared Paul Clarin, who on
oath says that he is Publisher 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
n
G
was published in said newspaper in the issue(s) of
cLv/_� N 28, Z 0 1 9
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.
ADA ASSISTANCE: If you are a
person with a disability who
needs special accommodations
in order to participate in this
proceeding, please contact the
County Administrator's Office,
by phoning (305) 292 -4441,
between the hours of 8:30 a.m.
- 5:00 p.m., no later than five (5)
calendar days prior to the
scheduled meeting; if you are
hearing or voice impaired, call
"711".
Dated at Key West, Florida, this
21 st day of February, 2018.
KEVIN MADOK, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
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.
Signature of Affiant
Sworn and subscribed before me this day of �b� , 2018
Not Public: t:�" L DAWN MWZ1NSKY
;.: MY COMMISSION t FF 944194
:a EXPIRES: January 4, 2020
? „j k Bonded Thru Notary public Underwriters
Dawn Kawzinsky
Expires: 1/4/2020 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
February 28, 2018
Key West Citizen
F L o R 1 o A x E Y s Ad# 0003543720
KE"]1kF"N 00TE5W"W1h NOTICE OF INTENTION TO
ADOPTIO
Published Twice Weekly COUNTDYEORDINANCE OF
Marathon, Monroe County, Florida
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN at
that on Mrch PROOF OF P 300P.M.aoras
after as may be heard, in the
Murray E. Nelson Govern -
STATE OF FLORIDA
ment Center, 102050 Over-
seas Highway, Key Largo,
COUNTY OF MONROrE Monroe County Florida the
Before the undersigned authority personally Board of County Commission -
eared RICHARD TAMBORRINO who on intends of Monroe County, Florida
ap intends to consider the adop-
oath, says that he is PUBLISHER of the tion of the following County
FLORIDA KEYS KEYNOTER, a twice weekly ordinance:
newspaper published in Marathon, in Monroe AN ORDINANCE OF MON-
County, Florida: that the attached copy of ROE COUNTY, FLORIDA,
advertisement was published in said PROVIDING FOR THE
PERMISSIBLE USE OF
newspaper in the Issues of: (date(s) Of ELECTRONIC SIGNATURES
pvb?'cation) AND ELECTRONIC
� � NOTARIZATION CERTAIN
j &�Wu DOCUMENTS SUBMITTED
TO THE COUNTY; PROVID-
ING FOR PERMISSIBLE USE
OF ELECTRONIC
RECORDS AND TRANSAC-
TIONS; PROVIDING FOR
SEVER
Affiant further says that the said FLORIDA CONFLICTING ; REPEALING
CONFLI ORDINAN-
KEYS KEYNOTER is a newspaper published at CES PROVIDING FOR
Marathon, in said Monroe County, Florida, and INCLUSION IN THE CODE
that the said newspaper has heretofore been VI ORDINANCES; AND PRO
DING AN EFFECTIVE
continuously published in said Monroe County DATE.
Florida, twice each week (on Wednesday and
Saturday) and has been entered as a second Pursuant Section 05
class mail matter at the p ost office in Florida Statutes utes not ice s
ce i s
P given that if a person decides
Marathon, in Monroe County Florida, for a to appeal any decision made
period of one year next preceding the first by the Board with respect to
p ublication of the attached co Of any matter considered at such
p PY hearings or meetings, he will
advertisement. The affiant further says that need a record of the proceed -
he has neither paid nor promised any person, ings, and that for such pur-
firm or corporation an discount rebate pose, verbatim may need to ensure
P Y , , that a verbatim record of the
commission or refund for the purpose of proceedings is made, which
securing this advertisement for publication in record includes the testimony
and that The Florida and evidence upon which the
the said newspaper(s)
appeal is to be based.
Keys Keynoter is in full compliance with
Chapter 50 of the Florida State Statutes on ADA ASSISTANCE: If you are
Legal d Off' Advertisements. needs w cal accom-
m odations in order to partici-
pate in this proceeding,
please contact the County
Administrator's Office,
Ric and Tamborrino, PubliS er by phoning (305) 292 -4441,
between the hours of 8:30
a.m. - 5:00 p.m., no later than
Sworn to and subscribed before me this five (5) calendar days prior
to the scheduled meeting;
if you are hearing or voice
° ?� 2 Day of , 2018 impaired, call "711 ".
Dated at Key West, Florida,
this 21st day of February,
2018.
NOt y KEVIN MADOK, Clerk of the
(SEAL) Circuit Court (SEAL) and ex
officio Clerk of the Board of
County Commissioners of
BEVERLY TRAEGER Monroe County, Florida
MY COMMISSION ill FF 108704
EXPIRES: April 18, 2018 Published February 28, 2018
p► i q Bonded Thru Notary Public Underwriters Florida Keys Keynoter
RECEIVED
MAR 2 2 2018
MONROE COUNTY ATTORNEY
THE REPORTER
Ad# 0003543723
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
Published Weekly
Tavernier, Monroe County, Florida
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on March 21, 2018 at
3:00 P.M., or as soon there-
PROOF OF PUBLICATION
after as may be heard, in the
Murray E. Nelson Govern-
ment Center, 102050 Over -
STATE OF FLORIDA
seas Highway, Key Largo,
Monroe County, Florida, the
COUNTY OF MONROE
Board of County Commission -
Before the undersigned authority personally
g Y p Y
int ends of Monroe County, Florida,
intends to consider the adop-
appeared RICHARD TAMBORRINO who on
tion of the following County
oath, says that he is PUBLISHER of THE
ordinance:
REPORTER, a weekly newspaper published in
AN ORDINANCE OF MON-
Tavernier, in Monroe County, Florida: that the
ROE COUNTY. FLORIDA,
attached copy of advertisement was published in
PERMISSIBLE USE of
said newspaper in the issues of: (date(s) of
ELECTRONIC SIGNATURES
publication)
AND ELECTRONIC
NOTARIZATION ON CERTAIN
DOCUMENTS SUBMITTED
TO THE COUNTY; PROVID-
ING FOR PERMISSIBLE USE
OF ELECTRONIC
RECORDS AND TRANSAC-
TIONS; PROVIDING FOR
SEVERABILITY; REPEALING
Affiant further says that the said THE
CONFLICTING ORDINAN-
REPORTER is a newspaper published at
CES; PROVIDING FOR
INCLUSION IN THE CODE
Tavernier, in said Monroe County, Florida and
I OF ORDINANCES; AND PRO -
that the said newspaper has heretofore been
VIDING AN EFFECTIVE DATE.
`
continuously published in said Monroe County,
Florida, each week (on Friday) and has been
Pursuant to Section 286.0105,
entered as a second Class mail matter at the
Florida Statutes, notice is
given that if a person decides
post office in Tavernier, in Monroe County
to appeal any decision made
Florida, for a period of one year next preceding
by the Board with respect to
the first publication Of the attached copy of
any matter considered at such
hearings or meetings, he will
advertisement. The affiant further says that he
need a record of the proceed -
has neither paid nor promised any person, firm
p and that, for such
pose, he may need to ensure
or corporation any discount, rebate commission
t that a verbatim record of the
or refund for the purpose of securing this
proceedings is made, which
{ � record includes the testimony
advertisement for publication in the said
p
and evidence upon which the
newspaper(s) and that The THE REPORTER is
appeal is to be based.
in full compliance with Chapter 50 of the Florida
ADA ASSISTANCE: If you are
State Statutes on Legal and Official
a person with a disability
Advertiseme
who needs special accom-
modations in order to partici-
pate in this proceeding,
please contact the County
Administrator's Office,
by phoning (305) 292 -4441,
Rich d Tamborrino, Publisher
between the hours of 8:30
a.m. - 5:00 p.m., no later than
five (5) calendar days prior
Sworn to and subscribed before me this
to the scheduled meeting;
if you are'hearing or voice
impaired, call "711 ".
Day of 2018
Dated at Key West, Florida.
this 21st day of February,
2018.
KEVIN MADOK, Clerk of the
Notary
Circuit Court (SEAL) and ex
officio Clerk of the Board of
(SEAL)
County Commissioners of
Monroe County, Florida
BEVERLY TRAEGER
March 2, 2018
MY COMMISSION N FF 108704
EXPIRES: April 18, 2018
Bonded Thru Notary Pubhe Underwriters
Th p orter
RECEIVED
MAR 2 2 2018
MONROE COUNTY ATTORNEY
GJ Z COURTS °
o:
Kevin Madok, CPA
.... Y1
Clerk of the Circuit Court & Comptroller — Monroe Count Florida
•R OE COUN
March 26, 2018
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 005 -2018 providing for the permissible
use of electronic signatures and electronic notarization on certain documents submitted to the
County; providing for permissible use of electronic records and transactions; providing for
severability; repealing conflicting Ordinances; providing for inclusion in the Code of Ordinances;
and providing for an effective date.
The Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on March 21, 2018. Should you have any questions,
please feel free to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: County Administrator
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
RICK SCOTT
Governor
March 26, 2018
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 005 -2018, which was filed in this office on March 26,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR /lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us
From: ords2municode.com
To: peters-katherine@monroecounty-fl.aov; Pam Hancock
Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 16 Update 5
Date: Tuesday, March 27,2018 3:28:40 PM
Attachments: ATT00001.bin
ATT00002.bin
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material is being considered for inclusion in your next/current update, Supplement 16 Update
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Ordinance No. 005-2018 3/21/2018 3/27/2018 PDF
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