Item E5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 22, 2000
Bulk Item: Yes No X
Division: Growth Management
Department: Marine Resources
AGENDA ITEM WORDING: Approval to advertise an ordinance repealing Ordinances 19-1998 and
29-1998 regulating personal watercraft.
ITEM BACKGROUND: The Florida Legislature amended Section 327.60, Florida Statutes, which came into
effect on July 1,2000. This new legislation prohibits local governments from "discriminating" against personal
watercraft, which makes the constitutionality of the ordinances under Florida law moot. The court case
challenging the County's personal watercraft ordinances has been stayed to allow time for the County to repeal
the ordinances.
PREVIOUS RELEVANT BOARD ACTION: BOCC adopted Ordinance 19-1998 on June 10, 1998, and
Ordinance 29-1998 (amending Ordinance 19-1998) on September 9, 1998.
STAFF RECOMMENDATION: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/ A No
COST TO COUNTY: N/A
APPROVED BY: County Attorney X
OMB/Purchasing N/ A
Risk Management
N/A
DEPARTMENT DIRECTOR APPROVAL:
G
DIVISION DIRECTOR APPROVAL:
Tim
or of Growth Management
DOCUMENTATION: Included
X
Not required
Agenda Item #: ~
DISPOSITION:
ORDINANCE -2000
AN ORDINANCE REPEALING ORDINANCES 19-1998 AND 29-
1998 REGULATING PERSONAL WATERCRAFT; PROVIDING
FOR THE REPEAL OF ORDINANCES INCONSISTENT
HEREWITH; PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 327.60, Florida Statutes was amended in June 2000
by the Florida Legislature that provides that any ordinance of local law may not
discriminate against personal watercraft; and,
WHEREAS, U.S. District Court Judge, Southern District of Florida has
ordered a stay in the case challenging the County's personal watercraft
ordinance to provide time for the County to repeal the two ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Monroe County Ordinances 19-1998 and 29-1998 are hereby
repealed.
Section 2. All ordinances or parts of Ordinances of Monroe County,
Florida, in conflict with provisions of this ordinance are hereby repealed to the
extent of such conflict.
Section 3. This ordinance shall become effective upon its passage and
its adoption and authentication by the signature of the presiding officer and Clerk
of the County.
PASSED AND ADOPTED by the Board of the County Commissioners of
Monroe County, Florida, at a regular meeting held on the _ day of ,AD.
2000.
Mayor Shirley Freeman
Commissioner Wilhemina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
Attest: DANNY KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
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C :\DOCUMENT\AGEN DA \watercraftrepeal. doc