Ordinance 020-2022 ORDINANCE NO. 020 - 2022
AN EMERGENCY ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, PROVIDING FOR CREATION OF PINE
CHANNEL NATURE PARK; PROVIDING FOR PARK
HOURS; PROVIDING FOR PERMISSIBLE AND
PROHIBITED ACTIVITIES; PROVIDING FOR
PENALITIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,under Florida Statutes, Section 125.01(1)(f), the Board of County Commissioners
for Monroe County (BOCC or County) is granted the authority, among others, to provide parks,
playgrounds and recreation areas; and
WHEREAS, the BOCC finds that public parks and recreation areas provide sites where the
families and citizens of Monroe County can benefit from and engage in healthy recreational
activities; and
WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida (Board of Trustees of the IITF) owns certain lands located at 29550 Overseas Highway,
Big Pine Key,Florida 33043, (Property), as part of the Florida Forever conservation and recreation
land acquisition program and was acquired for the purposes of conservation and recreation by
providing public access to outstanding Florida Waters; and
WHEREAS, the Board of Trustees of the IITF, as Lessor, leased the Property to the Florida
Department of Environmental Protection, Division of Recreation and Parks (DEP), as Lessee,
under a Lease Agreement, Old Keys Bridges Trail (No. 4341), dated November 2, 2001; and
WHEREAS,DEP, operating as the State of Florida Department of Environmental Protection,
Division of Recreation and Parks, Office of Greenways and Trails, as Sublessor, entered into a
sublease of the Property with Monroe County, as Sublessee, under a Sublease Agreement (No.
4341-001) dated May 6, 2014; and
WHEREAS, the County obtained the sublease of the Property for the purpose of protecting
and restoring native habitats while providing opportunities for public recreation and enjoyment;
and
WHEREAS, there is also a Conservation Management Plan for the property pursuant to Fla.
Stat., Sec. 253.034, and the terms of the Sublease; and
WHEREAS, since leasing the property, the County has worked with the Florida Department
of Transportation (FDOT) and the Monroe County Tourist Development Council (TDC)to obtain
grants and other funding to develop the property and provide an open air public recreational park
for the community; and
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WHEREAS, the County has now completed its improvements to the Property and plan to
operate it as a County Park and serve as a rest stop and trailhead on the Overseas Highway Trail;
and
WHEREAS,the BOCC, at its regularly scheduled meeting on April 20, 2022, approved"Pine
Channel Nature Park" as the name for this Property; and
WHEREAS, the BOCC and County staff plan to have a grand opening of the Pine Channel
Nature Park on August 24, 2022; and
WHEREAS, the BOCC finds that providing Pine Channel Nature Park in Big Pine Key as a
free and open public recreational area will offer such a recreational park area that benefits the
families and citizens of Monroe County; and
WHEREAS, under Florida Statutes, Sec. 125.66(3), the BOCC is granted the authority for
emergency enactment of ordinances; and
WHEREAS, it is the vision and desire of the BOCC to immediately provide and make
available Pine Channel Nature Park as a public park beginning on August 24, 2022, through
emergency enactment of this Ordinance as permitted by Florida Statutes; and
WHEREAS,without proceeding through this emergency enactment,the Pine Channel Nature
Park in Big Pine Key would not have enforceable rules, thus delaying the grand opening of the
park area for several months and it would not be available for the public to enjoy and benefit from
during an important holiday for Monroe County citizens, that being Labor Day Weekend; and
WHEREAS, the BOCC further intends that this Ordinance be adopted to protect the public
health and safety and promote safe use of Pine Channel Nature Park; and
WHEREAS, the Monroe County' Sheriff and his deputies are authorized by law to enforce
Florida Laws and County Ordinances; and
WHEREAS, Pine Channel Nature Park must have written rules established by Ordinance in
order for the Sheriff and his deputies to enforce those rules; and
WHEREAS, the BOCC does hereby declare that an emergency exists, and that immediate
enactment of this Ordinance is necessary, and by no less than a four-fifths vote of the BOCC does
hereby waive notice of intent to consider this Ordinance; and
WHEREAS, it is the intention of the BOCC that this Ordinance shall establish the initial set
of rules for Pine Channel Nature Park,but that a more comprehensive ordinance will be considered
at a later date after public discussions and input, and that the future ordinance shall be codified
into the Monroe County Code of Ordinances after regular meetings as to any further development,
establishment, and implementation of Pine Channel Nature Park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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SECTION 1: LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this
Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent
pertaining to this Ordinance.
SECTION 2: EMERGENCY ENACTMENT. Pursuant to State law and based on the legislative
findings set forth herein, it is declared that an emergency exists requiring immediate action by the
BOCC.
SECTION 3: PINE CHANNEL NATURE PARK. For purposes of this Ordinance, Pine
Channel Nature Park means the area situated in Section 27, Township 66,Range 29,Big Pine Key,
Monroe County, State of Florida, Alternate Key No. 8968334, Parcel ID No. 0011174-000100,
and more particularly described as shown on Exhibit"A" attached hereto and made a part hereof.
SECTION 4: PARK HOURS. Pine Channel Nature Park shall be open every day from 7:30 a.m.
until Sunset.
SECTION 5: PROHIBITED ACTIVITIES. The following activities are prohibited at Pine
Channel Nature Park:
1. Camping.
2. Possession or consumption of alcoholic beverages. For the purposes of this section, the
term "alcoholic beverages" means distilled spirits and all beverages containing one-half of
one percent or more alcohol by volume.
3. Glass Containers.
4. Fires, campfires, and bonfires. Charcoal fires will be permitted, however, in the county-
provided permanently installed grill structures in designated areas.
5. Personal grills.
6. Motor boats,jet skis, or motorized watercraft of any type.
7. Golf balls and golfing. No person may hit or otherwise propel, place, or leave golf balls
in the park.
8. Operation of drones from the park premises.
9. Use, handling, possession, or discharge of fireworks or explosives.
10. Fishing.
11. Mooring.
SECTION 6: DOGS. Dogs are allowed in Pine Channel Nature Park under the following
conditions:
a. Dogs must be kept on a leash no greater than eight(8)feet long.
b. Dogs are not allowed in the swimming basin.
c. All dogs must be accompanied at all times by an adult human owner or handler.
d. Dog owners or handlers must clean up after dogs and properly dispose of waste. The
County for this purpose.
e. Dogs exhibiting aggressive behavior towards a human or animal or creating a nuisance
must be immediately removed from the park.
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f. There shall be no more than three (3) dogs per owner or handler per visit.
g. Puppies under four(4) months of age are not allowed.
h. If a dog digs, the dog must be stopped immediately, and the owner/handler must fill the
hole.
i. All dogs must have current rabies vaccinations and county licenses and be wearing their
tags while in the park.
j. Dogs in heat, ill, and having excessive fleas, ticks, or other internal or external parasites,
are not allowed.
SECTION 7: USE OF DECK Diving and jumping from the deck and mooring of boats are
prohibited.
SECTION 8: PARKING. Patrons of Pine Channel Nature Park shall park vehicles inside the
park only in designated areas, and may not park along or on the right-of-way, bike paths, or
roadway of Overseas Highway.
SECTION 9: DOCKING, EMBARKING and DISEMBARKING. The boat ramp shall only
be used to launch or land kayaks, canoes, paddle boards, and similar self-propelled watercraft.
SECTION 10: SHELTERS. Shelters are available on a first come first serve basis, but can be
reserved by calling 305-453-8808 or by visiting our website at www.monroecounty-fl.gov.
SECTION 11: CONCESSIONAIRE. Only a concessionaire and/or vendor approved by the
BOCC are allowed on the premises. No unauthorized commercial activity is allowed.
SECTION 12: PENALTIES. A violation of any of the provisions set forth in this Ordinance
shall be punishable as provided in section 18-27(p) and section 1-8 of the Monroe County Code
of Ordinances.
SECTION 13: 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 14: PRESERVATION OF PARK PROPERTY AND WILDLIFE. No person
shall vandalize, deface, or destroy any park property or equipment within a park site. No person
shall damage or remove plant material. No person shall harm or mistreat any wildlife.
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: FILING: Pursuant to F.S. §125.66(3), the Clerk is directed to transmit by email a
certified copy of this Ordinance to the Florida Department of State as soon after enactment as is
practicable and to the Municipal Code Corporation for publication; however, the editors at
Municipal Code Corporation are directed not to codify this Ordinance without further direction
from the BOCC.
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SECTION 17: EFFECTIVE DATE. This Ordinance shall become effective immediately upon
the Clerk's receipt of a confirmation email from the Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida,through emergency enactment procedures authorized by F.S. §125.66(3), on the 17th day
of August 2022.
, � ( ,Pzfa Mayor David Rice Yes
23 � � Mayor Pro Tem Craig Cates Yes
s, + o Commissioner Michelle Coldiron Yes
q< Commissioner James K, Scholl Yes
Commissioner Holly Merrill Raschein Yes
9 _ =a
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: fy `r By: /0.... ........___% _
lALs Deputy Clerk Mayor
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MONROE COUNTY ATTORNE' S OFFICE,
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5
EXHIBIT "A"
LEGAL DESCRIPTION OF THE SUBLEASED PREMISES
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF GOVERNMENT LOT 1,SECTION 27,
TOWNSHIP 66 SOUTH,RANGE 29 EAST AND THE SOUTH RIGHT OF WAY LINE OF U.S.HIGHWAY
NO. 1, BEAR WEST ALONG THE SOUTH RIGHT OF WAY LINE OF U.S.. HIGHWAY NO. 1, FOR A
DISTANCE OF 450 FEET,TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER
DESCRIBED;FROM SAID POINT OF BEGINNING,BEAR SOUTH AND PARALLEL WITH THE EAST
LINE OF GOVERNMENT LOT 1, SECTION 27, TOWNSHIP 66 SOUTH, RANGE 29 EAST, FOR A
DISTANCE OF 327.12 FEET,TO A POINT; THENCE BEAR WEST AT RIGHT ANGLES AND ON A
LINE PARALLEL WITH THE SOUTH BOUNDARY LINE OF GOVERNMENT LOT 1,FOR A DISTANCE
OF 380 FEET,MORE OR LESS TO THE SHORELINE OF PINE CHANNEL;THENCE MEANDER THE
SHORELINE OF PINE CHANNEL IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 280
FEET MORE OR LESS,TO THE SOUTH RIGHT OF WAY LINE OF US,, HIGHWAY NO. 1;THENCE
RUN EASTERLY ALONG THE SOUTH FLIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 FOR A
DISTANCE OF 458.14 FEET MORE OR LESS,BACK TO THE POINT OF BEGINNING.
TOGETHER WITH
A PARCEL OF SUBMERGED LAND IN NORTH PINE CHANNEL,WESTERLY OF AND ADJACENT TO
A PART OF GOVERNMENT LOTS 1 AND 2 IN SECTION 27, TOWNSHIP 66 SOUTH, RANGE 29
EAST,MONROE COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EAST LINE OF GOVERNMENT LOT 1,SECTION 27.
TOWNSHIP 88 SOUTH,RANGE 29 EAST AND THE SOUTH RIGHT-OF-WAY LINE OF U.S.HIGHWAY
NO. 1;THENCE RUN N 88'50'02'W ALONG THE SOUTH RIGHT-OF-WAY LINE OF U.S.HIGHWAY
NO. 1,A DISTANCE OF 450.00 FT.;THENCE S 00015'42'W,PARALLEL WITH THE EAST LINE OF
V.S.GOVERNMENT LOT 1,A DISTANCE OF 224.88 FT.TO THE INTERSECTION WITH THE SOUTH
LINE OF U.S.GOVERNMENT LOT 1,SAME BEING THE NORTH LINE OF U.S.GOVERNMENT LOT 2:
THENCE IN U.S.GOVERNMENT LOT 2,CONTINUE S 00'1542*W,102.24 FT.;THENCE N 88'57'55'
W, PARALLEL WITH THE NORTH LINE OF U.S. GOVERNMENT LOT 2, A DISTANCE OF 367.50
FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF NORTH PINE CHANNEL FOR A
POINT OF BEGINNING; THENCE S 44.43'50' W, 150.00 FT.; THENCE N 45*16*10' W. 12.80 FT;
THENCE N 80'26'46'W. 73.13 FT.;THENCE N 28'00'S2'W,94.69 FT.;THENCE N 00'38'44'W,A
DISTANCE OF 69.54 FT.TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF U.S.
HIGHWAY NO.1 PER STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTIONS 90020 AND
90020.2533;THENCE RUN N 77'08'58'E ALONG SAID SOUTH RIGHT-OF-WAY LINE,A DISTANCE
OF 153.49 FT.TO THE MEAN HIGH WATER LINE OF NORTH PINE CHANNEL;THENCE ALONG
SAID MEAN HIGH WATER LINE APPROXIMATED BY THE FOLLOWING COURSES;S 00*36"'E,
65.51 FT.;THENCE S 28.00'52'E,14.50 FT.;THENCE S 60'26'48'E,49.49 FT.;THENCE S 45'18'1('
E.A DISTANCE OF 32.78 FT.TO THE POINT OF BEGINNING,BEING AND LYING IN SECTION 27,„
TOWNSHIP 86 SOUTH,RANGE 29 EAST,MONROE COUNTY,FLORIDA.
LESS AND EXCEPT:
COMMENCE AT THE INTERSECTION OF THE EAST LINE OF U.S.GOVERNMENT LOT 1,SECTION
27, TOWNSHIP 66 SOUTH, RANGE 29 EAST AND THE SOUTH R11GHT-OF WAY LINE OF U.S.
HIGHWAY NO. 1,PER STATE ROAD DEPARTMENT RIGHT-OF-WAY MAPS SECTIONS 9=0 AND
90020-2533: THENCE RUN N 68.50'OY W ALONG SAID SOUTH RIGHT-OF-WAY LINE OF U.S.
HIGHWAY NO.1, A DISTANCE OF 450.00 FT. FOR A POINT OF BEGINNING; THENCE RUN
S 00'15'42'W,PARALLEL WITH THE SAID EAST LINE OF U.S.GOVERNMENT LOT 1,A DISTANCE
OF 60.00 FT.; THENCE N 89.41'18' W. PERPENDICULAR WITH LAST DESCRIBED LINE, A
DISTANCE OF 30.00 FT.;THENCE N 00'1542'E,PARALLEL WITH SAID EAST LINE OF U.S.
Page 1 of 2
SS�M- I)Ro_ _ED ,p0
Page 15 of 224 Pages
Sublease No. 4342-001
R 05/11
GOVERNMENT LOT 1, A DISTANCE OF 60.29 FT. TO THE AFORESAID SOUTH RIGHT-OF-WAY
LINE OF U.S.HIGHWAY NO. 1 AND A POINT ON THE ARC OF A CURVE WHOSE RADIUS POINT
LIES S 00*21*14' W. 1859.86 FT.; THENCE RUN EASTERLY ALONG SAID SOUTH
RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF DO'48'44',
A DISTANCE OF 26.37 FT.TO THE P.T.OF SAID CURVE; THENCE S 88.50'02'E, ALONG SAID
SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 3.63 FT.TO THE POINT OF BEGINNING,BEING AND
LYING IN SECTION 27,TOWNSHIP 66 SOUTH,RANGE 29 EAST,MONROE COUNTY,FLORIDA.
C8/KOOlson BSM APPROVED
Parcels 9554&9658
Revised Desulption
Includes Submerged Pafcel
Page 2 of 2
Page 16 of 214 Pages
Sublease No. 4341-001
R 05/11
GV�S COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
September 13, 2022
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Emergency Ordinance No. 020-2022 of the Board of County
Commissioners of Monroe County, Florida, providing for creation of Pine Channel Nature Park;
providing for park hours; providing for permissible and prohibited actiVities; providing for
penalties; 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 August 17, 2022. 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.•Liz YonPzre, Deputy Clelk
cc: Parks and Beaches
Cotulty Administrator
Cotulty Attorney_
MuniCode
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
irr '
pw'
I FLORIDA DEPARTMENT Of'STAT'E"
RON DESANTIS CORD BYRD
Governor Secretary of State
September 13, 2022
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Liz Yongue
Dear Kevin Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 020-2022, which was filed in this office on September
13, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270