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Ordinance 015-2018 1 ORDINANCE NO. 015 - 2018 2 3 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY 4 COMMISSIONERS AMENDING CHAPTER 26 ( "WATERWAYS ") OF THE 5 MONROE COUNTY CODE OF ORDINANCES TO CREATE ARTICLE VIII. 6 ( "FLOATING STRUCTURES "); PROVIDING FOR PROHIBITION OF 7 FLOATING STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING 8 FOR REPEAL OF CONFLICTING PROVISIONS INCONSISTENT 9 HEREWITH; PROVIDING FOR INCORPORATION INTO THE CODE OF 10 ORDINANCES; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF 11 STATE; AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the Board of County Commissioners is the legislative body of Monroe 14 County, Florida; and 15 16 WHEREAS, Section 327.02(46), Florida Statutes, defines "Vessel" as "synonymous 17 with boat as referenced in Section 1.(b), Article VII of the State Constitution and includes every 18 description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable 19 of being used as a means of transportation on water. "; and 20 21 WHEREAS, Section 327.02(22)(a) -(c), Florida Statutes, defines "Live- aboard vessel" as 22 "A vessel used solely as a residence and not for navigation," a "vessel for which a declaration of 23 domicile has been filed pursuant to Section 222.17, Florida Statutes," or "a vessel used as a 24 residence that does not have an effective means of propulsion for safe propulsion. "; and 25 26 WHEREAS, Section 327.02(17), Florida Statutes, defines "Houseboat" as "a vessel that 27 is used primarily as a residence for at least 21 days during any 30 -day period in a county of this 28 state if such residential use of the vessel is to the preclusion of its use as a means of 29 transportation. "; and 30 31 WHEREAS, Section 327.02(14), Florida Statutes, defines "Floating structure" as "a 32 floating entity, with or without accommodations built thereon, which is not primarily used as a 33 means of transportation on water but which serves purposes or provides services typically 34 associated with a structure or other improvement to real property. The term includes, but is not 35 limited to, an entity used as a residence, place of business or office with public access; a hotel or 36 motel; a restaurant or lounge; a clubhouse; a meeting facility; a storage or parking facility; or a 37 mining platform, dredge, dragline, or similar facility or entity represented as such. "; and 38 39 WHEREAS, Section 327.02(14), Florida Statutes, provides that "Floating structures are 40 expressly excluded from the definition of the term "vessel"" defined at Section 327.02(46), 41 Florida Statutes; and 42 43 WHEREAS, Section 327.02(14), Florida Statutes, furthermore provides that "Incidental 44 movement upon water or resting partially or entirely on the bottom does not, in and of itself, 45 preclude an entity from classification as a floating structure. "; and 46 47 WHEREAS, under the federal Rules of Construction Act, 1 U.S.C. Section 3, "[t]he 48 word "vessel" includes every description of watercraft or other artificial contrivance used, or 49 capable of being used, as a means of transportation on water. "; and 1 of 11 50 WHEREAS, the Monroe County Board of County Commissioners (hereinafter the 51 `Board ") finds and recognizes that the Supreme Court of the United States (hereinafter the 52 "Court"), pursuant Lozman v. City of Riviera Beach, 568 U.S. 115 (U.S. 2013), holds that an 53 article (hereinafter "entity ") situated upon the water does not constitute a "vessel" within the 54 meaning of said Act if "a[n objective] reasonable observer, looking to" its "physical 55 characteristics and activities, would not consider it to be designed to any practical degree for 56 carrying people or things on water. "; and 57 58 WHEREAS, the Court, by adopting the foregoing objective purposive test in that certain 59 Lozman decision, eliminated consideration of the owner's subjective intent in vessel status 60 determinations; and 61 62 WHEREAS, the Board finds and recognizes that while the Court, in that certain Lozman 63 decision, held that "lack of self - propulsion is not dispositive" of whether an entity constitutes a 64 "vessel" within the meaning of said Act, the Court nonetheless held that "lack of self - propulsion" 65 may be a relevant physical characteristic to consider in deciding whether an entity constitutes a 66 "vessel "; and 67 68 WHEREAS, the Board finds and recognizes that the Court, in that certain Lozman 69 decision, held that the Petitioner's floating home did not constitute a "vessel" within the meaning 70 of said Act in view of that (1) it was incapable of self - propulsion, (2) it had no rudder or other 71 steering mechanism, (3) it had an unraked hull, a) it had a rectangular bottom, (5) it had a draft 72 of only 10 inches below water, () its infrequency of past movement (based upon the fact that, 73 prior to its in rem arrest, it had traveled by tow over water only on four occasions over a 7 -year 74 period), (7) it could not be moved without dangerously swinging side -to -side (based upon the fact 75 that when it had been towed, it had required a second boat to follow it from behind to prevent it 76 from swinging dangerously side -to- side), (8) it had no special capacity to generate or store 77 electricity, (9) its similarity to land -based residences (based upon the fact that its rooms looked 78 like o rdinary non - maritime living quarters), (10) it had ordinary windows and unsealed French 79 doors rather than watertight portholes, and (11) it had no other feature that might suggest a design 80 to transport over water anything other than its own furnishings and related personal effects; and 81 82 WHEREAS, the Board has identified that it has become an increasingly common 83 practice to moor, anchor, or otherwise affix floating structures over or otherwise upon waters 84 included within the territorial jurisdiction of the State of Florida and County waters, including U) 85 anchoring, mooring, or otherwise affixing floating structures to unpermitted, unauthorized, or 86 otherwise unlawful objects lying at or near the bottom of said waters including but not limited to 87 upon sovereign submerged lands, (2) anchoring, mooring, tying off, or otherwise affixing floating 88 structures to State of Florida and/or County -owned uplands and over or otherwise upon such 89 waters and/or sovereign submerged lands, and Q) anchoring, mooring, tying off, or otherwise 90 affi floating structures to plant species protected by federal, state, and /or local law(s), rule(s), 91 or regulation(s) pursuant to an endangered, threatened, or species of special concern designation 92 or listing and/or plant species (including, but not limited to, mangroves) whose defoliation or 93 destruction is subject to special protections under the Monroe County Comprehensive Plan and 94 Code(s) and special permitting requirements pursuant to the Florida Mangrove Trimming and 95 Preservation Act; and 96 97 WHEREAS, the waters surrounding the Florida Keys of Monroe County, Florida, are 98 situated within the boundaries of the Florida Keys National Marine Sanctuary and have, since 99 July 26, 2001, been designated a federal No Discharge Zone (NDZ) by the United States 2 of 11 100 Environmental Protection Agency pursuant to Title 40, Chapter I, Subchapter D, Part 140, 101 Section 140.4(b)(1)(ii), as may be amended from time to time; and 102 103 WHEREAS, the Board finds that floating structures in the county commonly (1) contain 104 greywater and/or blackwater discharge facilities such as washrooms, showers, toilets, latrines, 105 and /or outhouses, (2) do not contain a bilge pump(s), (3) do not contain a marine sanitation 106 device(s), (4) hold unsecured or poorly contained stored fuel(s) and other potentially dangerous 107 and/or hazardous products and materials such as propane tanks and furniture, contain living 108 quarters and/or recreational areas, (6) are utilized for the purpose of storage and/or habitation, (7) 109 do not have navigational lights, (8) do not feature identifying information which a local, state, or 110 federal government or enforcement agency may utilize to ascertain their owner(s) in a reasonably 111 timely manner, (9) are rafted up to larger "primary" vessels or to larger "primary" floating 112 structures, (10) do not securely hold on anchor, (11) are not built to any manufacturing 113 standard(s) and/or building code(s), (12) are unauthorizedly or unlawfully anchored or moored 114 upon sovereign submerged lands, (13) are commonly abandoned, (14) lack means of propulsion 115 necessary to quickly relocate in advance of or during extreme weather events or other emergency 116 events, and (15) cost Monroe County significantly more than vessels to remove and dispose of; 117 and 118 119 WHEREAS, neither the United States nor the State of Florida have pre - empted the 120 several states or local governments from legislating in the field of floating structure regulation; 121 and 122 123 WHEREAS, Section 327.60(3), Florida Statutes, provides, in pertinent part, that Chapter 124 327, Florida Statutes, "does not prohibit local governmental authorities from the enactment or 125 enforcement of regulations that prohibit or restrict the mooring or anchoring of floating 126 structures[.]"; and 127 128 WHEREAS, Article VIII, Section 1.(f), of the Florida Constitution, vests the Board with 129 the authority to legislate countywide, except within a municipality that has adopted an ordinance 130 which conflicts with a County ordinance; and 131 132 WHEREAS, Monroe County Ordinance 14 -2010 - Section 12 -141, codified at Section 133 12 -141 of Chapter 12 of the Monroe County Code of Ordinances (entitled "Environmental and 134 Natural Resource Protection "), defines "County waters" as "[A]ny Monroe County waters, 135 whether contained within boundaries naturally artificially, or diffused, including, but not limited 136 to the Gulf, bays, canals, estuaries, and wetlands. County waters include those waters which are 137 part of the State as being specified within Monroe County pursuant to Section 7.44, Florida 138 Statutes, and Article II, Section 1, Constitution of the State of Florida (Rev. 1968), waters out to 139 three marine leagues, or waters in the immediate vicinity of county reefs. "; see also Section 7.44, 140 Florida Statutes ( "So much of the State of Florida as is situated south of the County of Collier and 141 west or south of the County of Miami -Dade, constitutes the County of Monroe. "); see also 142 Bateman v. State, 238 So. 621, 626 -27 (Fla. 1970) (Ervin, C.J., dissenting) ( "Monroe County's 143 boundary is described in Section 7.44, Florida Statutes, as follows: "So much of the State of 144 Florida as is situated south of the county of Collier and west or south of the county of Dade, 145 constitutes the county of Monroe." It follows, of course, from this description that all submerged 146 lands or navigable waters in the southernmost portion of the state of Florida that do not lie in 147 Collier and Dade counties are a part of Monroe County. "), rev 'd on other grounds; see also 148 Lipscomb v. Gialourakis, 133 So. 104, 107 (Fla. 1931) ( "[I]t must be construed that counties 149 bordering on the Gulf of Mexico include that area within the Gulf adjacent to the upland and 150 adjacent to the state boundary line. "); and 3 of 11 151 WHEREAS, Article II, Section 1.(a) of the Florida Constitution provides that the state's 152 (and therefore Monroe County's) territorial boundaries on the east side extend "to the edge of the 153 Gulf Stream or a distance of three geographic miles[,] whichever is the greater distance[.]" To 154 that end, on any given day, the Gulf Stream is in a different location. See Benson v. Norwegian 155 Cruise Line, Ltd, 859 So. 2d 1213, 1215 -16 (Fla. 3rd DCA 2003); and 156 157 WHEREAS, public and navigable waterways are public highways. See State ex rel. 158 Wilcox v. T.O.L., Inc., 206 So. 2d 69, 71 (Fla. 4th DCA 1968); and 159 160 WHEREAS, a county has the right to close public roads and highways where necessity 161 dictates on a temporary or a permanent basis, and the general authority of the boards of county 162 commissioners over the location of public roads in their respective counties has been held to be 163 plenary. Id, cf at 72; and 164 165 WHEREAS, the power of local governments to regulate and restrict certain activities 166 reasonably calculated to protect the public health, safety, and welfare, is subject to the State of 167 Florida's paramount power to regulate and control the use of its sovereign submerged lands; and 168 169 WHEREAS, where private ownership of submerged bottoms outward from the shore has 170 originated upon a valid conveyance out of the State of Florida, state law establishes that 171 submerged land included in such grants are subject to taxes lawfully imposed. See Section 172 253.141(4), Florida Statutes; and 173 174 WHEREAS, Section 192.001(17), Florida Statutes, provides, in pertinent part, that "A 175 floating structure is expressly included as a type of tangible personal property. "; and 176 177 WHEREAS, "littoral or riparian rights are appurtenances to ownership of littoral or 178 riparian uplands. They are not founded on ownership of submerged lands." See Hayes v. 179 Bowman, 91 So. 2d 795, 802 (Fla. 1957); and 180 181 WHEREAS, littoral and riparian rights are those incident to uplands bordering upon 182 navigable waters, such rights are appurtenant to and inseparable from the littoral or riparian 183 upland, and inure to the owner of the littoral or riparian land, but are neither owned by the upland 184 landowner nor are of a proprietary nature. See Section 253.141(1), Florida Statutes; and 185 186 WHEREAS, littoral and riparian landowners "have no rights in navigable waters and 187 state sovereign submerged lands that are superior to other members of the public with regard to 188 rights of bathing, fishing, and navigation." See Walton County v. Stop the Beach Renourishment, 189 Inc., 998 So. 2d 1102, 1111 (Fla. 2008), aff'd, 560 U.S. 702 (U.S. 2010); and 190 191 WHEREAS, "[a] private action cannot be maintained by one who has no interest in [a] 192 waterway beyond that enjoyed by the public in common to use it as a highway." See Bertram v. 193 State Road Dept., 118 So. 2d 674, 675 (Fla. 3rd DCA 1960); and 194 195 WHEREAS, while littoral and "riparian rights exist in Florida as a matter of 196 constitutional right and property law, it is the clearly established law of Florida that even 197 constitutional rights may be regulated." See Central Florida Investments, Inc. v. Orange County 198 Code Enforcement Board, 790 So. 2d 593, 597 (Fla. 5th DCA 2001); and 199 200 WHEREAS, under Florida law, there is no recognized common law, constitutional, or 201 statutory littoral or riparian right to anchor, moor, or otherwise indefinitely or permanently affix 4 of 11 202 or situate a floating structure upon or over waters included within the territorial jurisdiction of the 203 State of Florida, or upon or over County waters, including but not limited to upon sovereign 204 submerged lands; and 205 206 WHEREAS, the Monroe County Board of County Commissioners finds that this 207 Ordinance is necessary to advance the County's valid public, navigational, and environmental 208 health, safety, and welfare police power interests; 209 210 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF 211 COUNTY COMMISSIONERS: 212 213 SECTION 1. - Recitals and Legislative Intent. The foregoing recitals and statements of 214 legi intent are true and correct and are hereby incorporated as if fully stated herein. 215 216 SECTION 2. - Title. This Ordinance shall be titled the "Monroe County Floating Structure 217 Prohibition Ordinance." 218 219 SECTION 3. - Creation. That Chapter 26 of the Monroe County Code of Ordinances, entitled 220 "Waterways," is hereby amended to create Article VIII., entitled "Floating Structures," as 221 follows: 222 223 ARTICLE VIII. - FLOATING STRUCTURES 224 225 Section 26 - 214. Jurisdiction; Administration. 226 227 (a) Monroe County. This Article shall apply to waters included within County waters and 228 submerged lands underlying County waters. Monroe County and any authorized 229 federal or state enforcement agency may enforce violations of this Article. 230 231 (b) Municipalities Within Monroe County. This Article does not apply to waters within 232 the territorial jurisdiction of any municipality within the county unless and until such 233 municipality adopts this ordinance. Upon such adoption, this Article applies to waters 234 included within the territorial jurisdiction of the adopting municipality and 235 submerged lands underlying such waters; upon such adoption, any authorized federal 236 or state enforcement agency may enforce violations of this Article within the 237 territorial jurisdiction of the adopting municipality. 238 239 Section 26 - 215. Definitions. The phrases, terms, and words used in this Article shall be, 240 except as specifically defined otherwise herein, the same as they have been defined in the Monroe 241 County Code of Ordinances and in the Monroe County Land Development Code. The following 242 terms shall have the following specific definitions as used herein: 243 244 Anchor. Shall mean use of traditional ground tackle, typically including an anchor, 245 anchor chain, and line, appurtenant to a floating structure, and used to hold a floating structure in 246 place. 247 248 Barge. Shall mean that term as it is defined at Section 327.02, Florida Statutes. 249 250 Floating Structure. Shall mean a floating entity, with or without accommodations built 251 thereon, which is not primarily used as a means of transportation on water but which serves 252 purposes or provides services typically associated with a structure or other improvement to real 5 of 11 • 253 property. The term includes, but is not limited to, an entity used as a residence, place of business 254 or office with public access; a hotel or motel; a restaurant or lounge; a clubhouse; a meeting 255 facility; a storage or parking facility; or a mining platform, dredge, dragline, or similar facility or 256 entity represented as such. Floating structures are expressly excluded from the definition of the 257 term "vessel" provided in this section. Incidental movement upon water or resting partially or 258 entirely on the bottom does not, in and of itself, preclude an entity from classification as a 259 floating structure. In the event it is disputed whether an entity constitutes a floating structure 260 versus a vessel, such dispute shall be exclusively determined, under a preponderance of the 261 evidence standard, by analyzing a) whether it is capable of self - propulsion, (2) whether it has a 262 rudder or other steering mechanism, a) whether it has a raked hull, (4) whether it has a 263 rectangular or a square bottom, by comparing its draft to the drafts of vessels of a similar 264 physical size, () its infrequency of documented past geographical movement, (7) whether it can 265 be moved over meaningful distances without dangerously or hazardously swinging from side -to- 266 side, (a) if it has a (lawful) capacity to generate or store electricity, (9) whether it has a bilge 267 pump(s), (10) whether it has an approved marine sanitation device(s), (11) whether its above - 268 water surface area(s) bear similarity to the interior or exterior of a land -based residential or 269 commercial structure, (12) whether it has ordinary windows, open doorways, or unsealed doors, 270 (13) whether it has any other physical features that might suggest to an objective reasonable 271 observer a design to transport over water anything other than its own furnishings and related 272 personal effects, and (14) whether it is titled and registered as a vessel. Payment of a tangible 273 personal property tax regarding the entity in question or issuance or receipt of a tax exemption 274 thereto, pursuant to Section 192.001(17), Florida Statutes, shall constitute prima facie evidence 275 that the entity in question constitutes a floating structure under this Article. 276 277 Houseboat. Shall mean that term as it is defined at Section 327.02, Florida Statutes. 278 279 Live Aboard Vessel. Shall mean that term as it is defined at Section 327.02, Florida 280 Statutes. 281 282 Marina. Shall mean that term as it is defined at Chapter 101, Monroe County Land 283 Development Code. 284 285 Marine facility. Shall mean that term as it is defined at Chapter 101, Monroe County 286 Land Development Code. 287 288 Moor. Shall mean use of a device, placed on or affixed to the bottom, intended for 289 permanent use, to hold a floating structure in place. As used in this Article, except as to the terms 290 "lawfully moored in a public mooring field" and "lawfully moored on a permitted private 291 mooring," to moor or a mooring shall include other meanings of mooring such as tying off a 292 floating structure to upland vegetation or to offshore beams, pilings, posts, or stakes. For purposes 293 of clarification, "offshore beams, pilings, posts, or stakes" means beams, pilings, posts, or stakes 294 neitlier attached to nor meaningfully connected to a lawfully established dock which itself is 295 affixed and appurtenant to and extends out from an upland parcel. 296 297 Vessel. Shall mean that term as it is defined at Section 327.02, Florida Statutes. 298 299 Water Column and water(s). The vertical extent of water, including the surface thereof, 300 above an area of submerged land, regardless of such land's public or private ownership. 301 6 of 11 302 Limitation Clause. Application of the foregoing specifically defined terms is limited to 303 this Article, and these terms shall not re- define, modify, override, or supersede any such term 304 defined elsewhere in the Monroe County Code(s). 305 306 Section 26 - 216. Construction and Interpretation. This Article, being necessary for the 307 health, safety, and welfare of the residents of the county, shall be liberally construed to effect the 308 public purposes hereof, and interpretation of this Article shall be deferred in favor of Monroe 309 County, the applicable federal or state enforcement agency, or municipality, and such 310 construction and interpretation shall be entitled to great weight in adversarial administrative 311 proceedings, on trial, and on appeal. 312 313 Section 26 - 217. Prohibitions. 314 315 (a) All legal and natural persons are prohibited from mooring, anchoring, or otherwise 316 indefinitely or permanently affixing, a floating structure upon, or to, waters or 317 submerged lands included within County waters. 318 319 (b) All legal and natural persons are prohibited from anchoring, mooring, tying off, or 320 otherwise indefinitely or permanently affixing a floating structure to State of Florida 321 or County -owned uplands and over or otherwise upon waters or sovereign submerged 322 lands included within County waters. 323 324 (c) All legal and natural persons are prohibited, within waters or submerged lands 325 included within County waters, from anchoring, mooring, tying off, or otherwise 326 affixing a floating structure to one or more plant species protected by federal, state, 327 or local law(s), rule(s), or regulation(s) pursuant to an endangered, threatened, or 328 species of special concern designation or listing; all legal and natural persons are 329 prohibited, within waters or submerged lands included within County waters, from 330 anchoring, mooring, tying off, or otherwise affixing a floating structure to one or 331 more plant species (including, but not limited to, mangroves) whose defoliation or 332 destruction is subject to special protections under the Monroe County Comprehensive 333 Plan and Code(s) and special permitting requirements under the Florida Mangrove 334 Trimming and Preservation Act, codified at Sections 403.9321- 403.9333, Florida 335 Statutes, as may be amended or supplemented. 336 337 (d) All legal and natural persons are prohibited from constructing, placing, or 338 maintaining a floating structure violative of this Article; all legal and natural persons 339 are prohibited from proximately causing or proximately contributing to the 340 construction, placement, or maintenance of a floating structure violative of this 341 Article. 342 343 (e) All natural and legal persons are prohibited from storing items upon, occupying, or 344 residing upon a floating structure violative of this Article. 345 346 (f) Any municipality that later adopts this ordinance may independently enact its own 347 separate- and - distinct subsection of enumerated prohibitions. 348 349 Section 26 - 218. Exceptions. 350 351 (a) This Article shall not apply to floating structures lawfully moored in a permitted 352 public mooring field. For purposes of clarification, "lawfully moored in a permitted 7 ofll 353 public mooring field" means moored to a mooring ball or mooring buoy that is 354 authorized under federal, state, and local law(s), which has received all required 355 federal, state, and local permits and approvals, and which is situated within a 356 mooring field managed by a local government. 357 358 (b) This Article shall not apply to floating structures lawfully moored on a permitted 359 private mooring. For purposes of clarification, "lawfully moored on a permitted 360 private mooring" means a private party's mooring to a mooring ball or mooring buoy 361 when such mooring is both authorized under federal, state, and local law(s), and 362 when that private party has received all required federal, state, and local permits and 363 approvals to so moor. 364 365 (c) This Article shall not apply to vessels, including (but not limited to) barges 366 (including (but not limited to) mobile platforms such as jackup rigs), houseboats, and 367 live- aboard vessels. 368 369 (d) This Article shall not apply to a floating structure that federal, state, and local 370 proprietary laws and regulations expressly permit, when such structure has received 371 all such required federal, state, and local permits and approvals (such as, for example, 372 a floating boat lift or floating vessel platform permitted by the Florida Department of 373 Environmental Protection pursuant to Chapter 403, Florida Statutes, and Chapter 62, 374 Florida Administrative Code, by Monroe County pursuant to the Monroe County 375 Code(s), and by all applicable federal permitting agencies), and is in compliance with 376 all conditions of said permits and approvals. For purposes of clarification, "expressly 377 permit" exclusively means express authorization, of both all material components 378 comprising the structure itself, and of the placement or situation of that structure in 379 its specific configuration, length, size, and location, by all federal, state, and local 380 government agencies pursuant to issuance of a written order granting, or granting 381 with conditions, a written application to so construct and place or situate that 382 structure. 383 384 (e) This Article shall not apply to government waterway markers (such as, for example, 385 regulatory markers and aids to navigation (the latter including, but not limited to, 386 channel markers, danger markers, information markers, and aids of no lateral 387 significance)). 388 389 (f) This Article shall not apply to a waterway marker when that marker is both 390 authorized under federal, state, and local law(s), and when its owner(s) and 391 permittee(s) have received all required federal, state, and local permits and approvals 392 to so place or maintain that waterway marker. 393 394 (g) This Article shall not apply to a floating structure moored at a lawfully established 395 marina or moored at a lawfully established marine facility. It is hereby understood 396 that it shall be the responsibility of the owner(s) or proprietor(s) of lawfully 397 established marinas and marine facilities to ensure that floating structures moored 398 thereto comply with all applicable local, state, and federal proprietary, safety, 399 environmental, and pollution control laws, rules, and regulations. 400 401 (h) Any municipality that later adopts this ordinance may independently enact its own 402 separate- and - distinct subsection of enumerated exceptions. 403 8of11 404 Section 26 -219. Penalties; Enforcement Procedure. 405 406 (a) Criminal Offense. Prosecution of violations of this Article may be prosecuted in the 407 name of the State of Florida by the prosecuting attorney thereof as more fully set 408 forth in Section 125.69(1), Florida Statutes. Any person or entity found guilty of 409 violating this Article may be sentenced to up to sixty (60) days in jail, or fined in an 410 amount of up to $500.00, or be subject to both imprisonment and fines. 411 412 (b) Civil Offense. Violations of this Article may be prosecuted by Monroe County and by 413 any municipality located within the county, by original county or circuit court action, 414 or under Chapter 162, Florida Statutes, and Chapter 8, Monroe County Code, or 415 pursuant to the pertinent municipality's code compliance ordinances, 416 administratively, at law, and in equity, as may be necessary to enforce compliance 417 with this Article, and to collect damages in the form of fines authorized by law. 418 419 1) Authority to Dismantle or Remove Offending Floating Structures. For any 420 violation of this Article, Monroe County may initiate an original county or 421 circuit court action, or code compliance proceedings pursuant to Chapter 422 162, Florida Statutes, and Chapter 8, Monroe County Code. The County may 423 dismantle or remove a floating structure held in violation of this Article, and 424 at its sole discretionary election may make arrangements to store or return it 425 to the rightful owner, upon the owner's payment of all reasonable costs 426 associated with said dismantlement, removal, or storage. 427 428 2) Municipal Authority to Dismantle or Remove Offending Floating Structures. 429 For any violation of this Article, each municipality within the county may 430 initiate an original county or circuit court action, or code compliance 431 proceedings pursuant to its own code enforcement ordinances and Chapter 432 162, Florida Statutes. Each municipality may dismantle or remove a floating 433 structure held in violation of this Article, and at its sole discretionary election 434 may make arrangements to store or return it to the rightful owner, upon the 435 owner's payment of all reasonable costs associated with said dismantlement, 436 removal, or storage. 437 438 (c) Federal, State Authority to Dismantle or Remove Offending Floating Structures. Any 439 federal or state enforcement agency may by original action, or pursuant to its own 440 codified or administrative enforcement scheme, criminally, civilly, or 441 administratively enforce against any violation of this Article. Any federal or state 442 enforcement agency may dismantle or remove a floating structure held in violation of 443 this Article, and at its sole discretionary election may make arrangements to 444 impound, store, or return it to the rightful owner, upon the owner's payment of all 445 reasonable costs associated with said dismantlement, removal, impoundment, or 446 storage. 447 448 (d) Injunctive Relief The county attorney, the attorneys for each municipality within the 449 county, and all federal or state enforcement agency attorneys are authorized to 450 immediately seek affirmative or negative injunctive relief authorizing or 451 commanding the dismantlement, removal, covering, or cessation of activities, 452 construction, maintenance, practices, renovations, repairs, or uses in violation of this 453 Article by motion for emergency, preliminary, or permanent injunction, including by 454 ex parte motion, or other forms of equitable relief, from a court of competent 9 of 11 455 jurisdiction, upon presentation of prima facie evidence of a violation of this Article to 456 such court. 457 458 (e) Units of Prosecution. It being that floating structures in violation of this Article 459 present a serious threat to the public, navigational, and environmental health, safety, 460 and welfare, a rebuttable presumption shall arise that violation of this Article 461 constitutes a violation that is irreparable or irreversible in nature. Each day that a 462 prohibited floating structure remains in violation of this Article constitutes a separate 463 irreparable or irreversible offense. 464 465 (f) Joint - and - Several Liability. All owners, part owners, joint owners, tenants -in- 466 common, tenants in partnership, joint tenants, tenants by the entirety, lessees, sub - 467 lessees, assignees, sub - assignees, and holders of legal or beneficial title to or interest 468 in a floating structure held in violation of this Article, shall be jointly- and - severally 469 liable with respect to any legal or equitable judgment or relief obtained by a federal 470 or state agency, the State of Florida, Monroe County, or a municipality within the 471 county. 472 473 (g) Costs. Any court of competent jurisdiction, administrative hearing officer, the 474 Monroe County Code Compliance Special Magistrate, and the code enforcement 475 boards and special magistrates of each municipality within the county, are authorized 476 to impose against violators of this Article any costs associated with the 477 dismantlement, removal, impoundment, or storage of any floating structure held in 478 violation of this Article. 479 480 (h) No Waiver or Estoppel. It being that Monroe County, the State of Florida, federal or 481 state enforcement agencies, and municipalities within the county possess discretion to 482 enforce this Article, such local governments' or state or federal enforcement 483 agencies' delay or failure to enforce any provision contained in this Article, however 484 long continued, shall not be deemed a waiver or estoppel of the right for the local 485 government or state or federal enforcement agency to enforce this Article at any time 486 thereafter. 487 488 (i) The Monroe County Marine Resources Office is authorized to contract on an on -call 489 basis with at least one marine salvage company to assist with the expeditious 490 covering, dismantlement or removal of floating structures held in violation of this 491 Article. The Marine Resources Office is authorized to cover, dismantle, or remove 492 such offending floating structures pursuant to said contract(s). 493 494 Section 26 - 220. Provisions to Be Cumulative. This Article is cumulative to any other 495 substantive laws, ordinances, regulations, and rules, and is cumulative to any 496 enforcement procedure that those laws, ordinances, regulations, and rules may provide. 497 This Article does not supersede or repeal or otherwise modify those laws, ordinances, 498 regulations, rules, or enforcement procedures thereunder in any way. 499 500 Section 26 - 221. Private Right - Action. Any natural person may seek injunctive relief 501 in a court of competent jurisdiction to enforce violations of this Article against a violator. 502 503 SECTION 4. - Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If 504 any provision of this Article, or any portion thereof, is held to be invalid or unenforceable in or by 505 any administrative hearing officer or court of competent jurisdiction, the invalidity or 10 of 11 506 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the 507 operation, enforceability, or validity of any other provision of this Article, or any remaining 508 portion(s) thereof. All other provisions of this Article, and remaining portion(s) thereof, shall 509 continue unimpaired in full force and effect. 510 511 SECTION 5. - Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in 512 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an 513 ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance 514 which has been repealed thereby. 515 516 SECTION 6. - Captions and Paragraph Headings. Captions and paragraph headings, where 517 used herein, are inserted for convenience only and are not intended to descriptively limit the 518 scope and intent of the particular paragraph or text to which they refer. 519 520 SECTION 7. - Inclusion in the Monroe County Code of Ordinances. The provisions of this 521 ordinance shall be included and incorporated into the Code of Ordinances of Monroe County, 522 Florida and shall be numbered to conform with the uniform numbering system of the Code. 523 524 SECTION 8. - Effective Date. This ordinance shall be filed in the Office of the Secretary of the 525 State of Florida and shall become effective as provided by law. 526 527 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida 528 at a regular meeting held on the 18t day of July, 2018. 529 530 531 Mayor David P. Rice Y es 532 533 Mayor pro tem Sylvia J. Murphy Y es 534 535 Commissioner Danny L. Kolhage Y es 536 537 Commissioner Heather Carruthers Y es 538 53 , 0, Commissioner George Neugent Y es i Q A 44 , 0 0 `a UNTY BOARD OF COUNTY COMMISSIONERS 1 . MADOK CLERK M1C . 541 Z � ( 547 w S ' " - - By 54Z cr3 Deputy Clerk Mayor David Rice c.; t.LJ MONROE COUNTY ATTORNEY ', Q. fY APPROVED AS TO FORM l z= o PETER MORRIS z ASSISTANT COUNTY ATTORNEY . Date: 4/2 11 of 11 s _ KEY tiVEST [0 The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800, Key West FL 33091 P: (305) 292 -7777 ext. 219 F: (305) 295 -8025 legals @keysnews.com MONROE. COUNTY PLANNING DEPT 2798 OVERSEAS HWY STE 410 MARATHON FL 33050 -4277 Account: 138694 Ticket: 241096 PUBLISHER'S STATE OF FLORIDA [legal.text] COUNTY OF MONROE Before the undersigned authority personally appeared I (J d L` , who on oath says that he or she is an em 1:)14..i of the Key West Citizen, a daily newspaper publishd in Ke0Nest, in Monroe County, Florida; that the attached copy of advertisment, being a legal notice in the matter of was published in said newspaper in the issues of: Sunday, July /2018 7 t 217 t S C ter €L Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida every day, and has been entered as periodicals 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 or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publica- tion in %e =id newspaper. LI_ ( Sign'ure'f Affian #I A' irmeti, an: 'subs,'• = • before me this J )64 day of July 2018 OVA ( •ta blic Tnature)' ,rr/. Suelynn Stamps;. Al L' _ '!` COMMISSION # 6G232802 (Notary P • is Printed Name) (Nota = , ;, EXPIRES: June 27, 2022 My commission expires /2 Bonded Thru Aaron Wotan Personally Known X Produced Identification _ ����/� Suelynn Stamper Type of Identification Produced � e COMMISSION # 232802 '� EXPIRES• June 27 2022 Bonded lhru Aaron 06 Notary MONROE COUNTY BOA' OF COUNTY COMMISSIONERS . NOTICE OF PUBLIC MEETING • AND NOTICE OF PUBLIC HEARING . NOTICE OF • CHANGE TO • MONROE COUNTY CODE . OF ORDINANCES . • July18,2018.- NOTICE IS HEREBY GIVEN that on Wednesday, July 18; 2018, the Monroe County Board • of County, Commissioners will hold the following Public Hearing at the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, Florida to review . and receive public comment for the following items: 3:00 PM (or as soon thereafter as may be heard): ' _ AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY` COMMISSIONERS: AMENDING CHAPTER 26 ( "WATERWAYS ") OF THE, MONROE COUNTY CODE OF ORDINANCES TO CREATE ARTICLE VIII. ( "FLOATING STRUCTURES "); PROVIDING FOR PROHIBITION OF FLOATING STURCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING - PROVISIONS INCONSISTENT' HEREWITH; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES; PROVIDING FOR - TRANSMITTAL TO THE SECRETARY•OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. (File 2018 -107) , • Information to the•above item is available at the Monroe County Marine Resources Department office in Marathon during normal business hours and online at: www. monroecounty- fl.gov Pursuant to Section 286.0105 Florida Statutes, if a person decides to appeal -any decision of the Board of County Commissioners, with respect to any matter ,considered • at the meeting or hearing, he or she will need a record of. _ the proceedings, and that, for such purpose, he or she may need to insure a verb record of the proceedings is made, which record includes the testimony & 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 ". • June 30, 2018 Key West Citizen August 1, 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. 015-2018 amending Chapter 26 (“Waterways”) of the Monroe County Code or Ordinances to create Article VIII (“Floating Structures”); providing for prohibition of floating structures; providing for severability; providing for repeal of conflicting provisions inconsistent herewith; providing for transmittal to the Secretary of State; and providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on July 18, 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: MuniCode County Administrator County Attorney Marine Resources BOCC File RICK SCOTT KEN DETZNER *RYHUQRU 6HFUHWDU\RI6WDWH August 1, 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: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 015-2018, which was filed in this office on August 1, 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.fl.us From: ords2municode.com To: Pete rs-Katherine2monroecounty-fl.aov; Pam Hancock Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 17 Update 4 Date: Thursday,August 23,2018 1:08:27 PM Attachments: ATT00001.bin ATT00002.bin ****THIS IS 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 17 Update 4 Ordinance No. 015-2018 7/18/2018 8/6/2018 PDF Ordinance No. 016-2018 8/15/2018 8/23/2018 PDF ' _ ' Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly.