Ordinance 001-2009
ORDINANCE NO. 001 - 2009
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF
ORDINANCES FOR MONROE COUNTY, FLORIDA; PROVIDING
FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN; PROVIDING A PENALTY FOR THE VIOLATION
THEREOF; PROVIDING FOR THE MARNER OF AMENDING SUCH
CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING
WITH THE SECRETARY OF STATE; AND PROVIDING WHEN SUCH
CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, the Monroe County Board of County Commissioners (BaCC)
engaged the Municipal Code Corporation (the AMCC@) to re-codify the ordinances
enacted by the County (the .Code-); and
WHEREAS, the BaCC desires to develop the Code into a more user friendly
document that is of greater utility to the citizens of the county, those persons who
use the Code on a routine basis, as well as County officials and staff; and
WHEREAS, the BaCC recognizes that the work of ordinance codification is
an ongoing process that requires a continuing effort by various County officials
and staff, and it is the goal of the BaCC to ensure that the Code is kept current
and of maximum use and clarity;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section I., The Code entitled "Monroe County, Florida Code," published by
Municipal Code Corporation, consisting of chapters 1 through 146, each inclusive,
is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or
before October 17, 2007, and not included in the Code or recognized and
continued in force by reference therein, are repealed except for
(a) Ordinance 026-1999 concerning the length of service award program for
volunteer fire personnel and emergency medical services personnel which was
never codified, and will be included in the first supplement to the code.
(b) former Sections 13.5-3 (a)(2)and (3), 13.5(b)in its totality concerning the
serving of alcoholic beverages at the restaurant at Higg's Beach which was
inadvertently omitted.
Section 3. The repeal provided for in section 2 hereof shall not be construed to
revive any ordinance or part thereof that has been repealed by a subsequent
ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of
a violation of any provision of the Code or any ordinance, rule or regulation
adopted or issued in pursuance thereof shall be punished by a fine of not less
than $15.00 nor more than $500.00, imprisonment for a term not exceeding 60
days, or any combination thereof. Except as otherwise provided by law or
ordinance, with respect to violations of the Code that are continuous with respect
to time, each day that the violation continues is a separate offense and with
respect to violations that are not continuous with respect to time, each violation is
a separate offense.
Section 5. Additions or amendments to the Code when passed in such form as to
indicate an intention to make the same a part of the Code shall be deemed to be
incorporated in the Code, so that reference to the Code includes the additions and
amendments.
Section ~. Ordinances adopted after October 17,2007, that amend or refer to
ordinances that have been codified in the Code shall be construed as if they
amend or refer to like provisions of the Code.
Section 7. If any section, paragraph, subdivision, clause, sentence or provision of
this ordinance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, invalidate, or nullifY the remainder
of this ordinance, but the effect thereof shall be confined to the section,
paragraph, subdivision, clause, sentence, or provision immediately involved in the
controversy in which such judgment or decree shall be rendered.
Section 8. This ordinance shall be filed in the Office of the Secretary of the State
of Florida.
Section 9. This ordinance shall become effective on March 1,2009.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 28th of January 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia J. Murphy
Yes
Not Present
Commissioner Kim Wigington
Commissioner Heather Carruthers
Yes
Commissioner Mario Di Gennaro
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BOARD OF COUNTY COMMISSIO~Rg
OF MONROE COUNTY, FLORIDA
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By
Deputy Clerk
Mayor George Neugent TTORNEY
MONROE COUNTY A
APP~. EDASTOFORM:
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.' S N M. GRIM:SL
AS~NT COUNTY ATTORNEY
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Date
:RESOLUTlOII "4 08
A RESOLUTlOII OJ' THE 1I0llROS COUllTY PLAIIBIIIG
COIlIll88]OIl RBCO_BIIDIBG APPROVAL OF AN ORDIlIAlfCS
ADOPTIIIG AIID BIIA.CTIIIG A. lIIBW LAIID DBVBLOPllBIIT CODS
OJ' ORDIBAlfCBB FOR 1I0nos COUllTY, FLORIDA.
WIIBRBAS, the Monroe County Board of County Commissioners (BOCC)
engaged the Municipal Code Corporation (the AMCC@) to re-codify the ordinances
enacted by the County (the .Code-); and
WIIBRBAS, the BOCC desires to develop the Code into a more user friendly
document that is of greater utility to the citizens of the county, those persons who
use the Code on a routine basis, as well as County officials and staff; and
WRBRBAS, the BOCC recognizes that the work of ordinance codification is
an ongoing process that requires a continuing effort by various County officials
and staff, and it is the goal of the BOCC to ensure that the Code is kept current
and of maximum use and clarity;
WIIBRBAS, the Monroe County Planning Commission held a public hearing
on the adoption of the Land Development Code at its regular meeting of November
18,2008 and recommended approval to the BOCC;
..OW, TBBRBJ'ORB, BS IT RESOLVED BY THE 1I0llROS COUMTY PLAIIIIIlIG
C0MMI8810..:
Adoption of The Land Development Code, Volume 2 of the "Monroe County,
Florida Code," published by Municipal Code Corporation, is recommended to the
BOCC for APPROVAL.
PASSED AIID ADOPTED by the Monroe County Planning Commission, Florida, at
a regular meeting held on the 18th of November, 2008.
James D. Cameron, Chair
Randolph D. Wall, Vice Chair
Jeb Hale, Commissioner
John Marston, Commissioner
Donna Windle, Commissioner
yes
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yes
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PLAlUIlIG COIIII'fS8JON OF MOnOE COUNTY, FLORIDA
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By
James D. Cameron, Chair
Signed this ~ TN day of January, 2009.
;;. TO FORM I
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MAI~An-ION SUB COURTHOUSE
?"17 OVERSEAS HIGHWAY ..."
MARATHON, FLORIDA 33050
TlL. (305) 289-6027
FAX ('\05) 289-1745
BRANCH OFFICE:
PLANT A nON KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
February 9, 2009
Ms. Liz Cloud" Program Administrator
Administrative Code & Weekly
RA Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160 0000 38412365
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance No. 001-2009 adopting a new Code of
Ordinances (re-.codification of existing Monroe County Code) for Monroe County, Florida.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on January 28, 2009. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny 1. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Via E-Mail to the following:
Municipal Code Corporation
Growth Management
County Attorney
BOCC
File
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City, State,z'tallahassee, Florida 32399-025C
PS Form 3800, June 2002 See Reverse for Instructions
.ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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item 4 if Restricted Delivery is desired. 0 Agent
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or on the front if space permits.
1. Article Addressed to: D. Is delivery address different •em 1? 0 Yes
If YES,enter delivery addres low: ❑No
Program Administrator 17
Administrative Code and Weekly , r. ..
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Tallahassee, Florida. 32399-0250 El Certified MaN • al
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Key vVes
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
al/y appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
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Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. The 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(s) and
that The Florida Kevs Keynoter is in ful/
compliance with Chapter 50 of the Florida
State Statutes on Leoal and Official
Advertisements.
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NOTICE OF PUBLIC HEARING
TO CONSIDER ADOPTION OF
A NEW CODE OF ORDINANCES
(RE-CODIFICATION) .FOR
MONROE COUNTY, FLORIDA
COMPRISED OF TWO
VOLUMES, PART I GENERAL
ORDINANCES AND PART II
LAND DEVELOPMENT CODE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that
on Wednesday, January 28, 2009, at 3:00 P.M., or as soon thereafter
as may be heard, at the Harvey Government Center, 1200 Truman
Avenue, Key West, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the adop-
tion of the following proposed County Ordinance:
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE
OF ORDINANCES FOR MONROE COUNTY, FLORIDA; PRO-
VIDING FOR THE REPEAL OF' CERTAIN, ORDINANCES
NOT INCLUDED '{HEREIN; PROVIDING A PENALTY FOR
THE VIOLATION THEREOF; PROVIDING FOR THE MAN-
NER OF AMENDING SUCH CODE; PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR FILING WITH THE SECRE-
TARY OF STATE; AND PROVIDING WHEN SUCH CODE
AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
Pursuant to Section ~86.0105: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 ASS1SIANCE: If you are a person with a disability who needs special accom-
modations in order to participate in this proceeding, please contact the County
Administrator's Office, by phoning (305) 292-4441, between the hours of8:30 a.m.
- 5:00 p.m., no later than 2 working days prior to the scheduled meeting; If you are
hearing or voice impaired, call "711".
A copy of the Ordinance may be obtained and the new Code may be
examined at the Office of the County Attorney, 1111 12th Street, Suite
#408, Key West, FL 33040.
Dated at Key West, Florida, this 17th day of December, 2008.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County~ Florida
Published Ke noter 12/27/08
~~:W1!~
FLORIDA DEPARTMENT or STATE
, ,
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
February 16, 2009
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
KURT S. BROWNING
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated February 9, 2008 and certified copy of Monroe County Ordinance No. 001-2009, which was
filed in this office on February 16,2009.
Sincerely,
~CQc~
Liz Cloud
Program Administrator
LC/srd
DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronaugh Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.f1.us
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COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
ST A TE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
ST A TE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKL Y
850.245.6270 . FAX: 850.245.6282
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ST A TE OF FLORIDA
COUNTY OF MONROE
The FIondtI K.- Only DeIly ~ Est. 1878
Cooke Communications, LLC
Florida Keys
PO Box 1800
Key West FI33041
Office. .. .305-292-7777
Extension....... .x219
Fax. . . ... .305-295-8025
leaals@kevsnews.com
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations 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
:tI,(J/Vl(~ ~ (<0< -(' ~ f~JLh--
Marsha F. Kirkwood
Advertising Coordinator
INTERNET PUBLISHING
keywest.com
keysnews.com
floridakeys.com
key-west.com
Web Design Services
was published in said newspaper in the issue( s) of
NEWSPAPERS
The Citizen
Southernmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free Press
Islamorada Free Press
Key Largo Free Press
Ocean Reef Press
Seaport Log
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,
MA~KETING SERVICES
ComJercial Printing
Citizen Locals Card
Direct Mail
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 o.f 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 wrpose of securing this
advertisement for publication in the said n~~
f Signature of Affiant
MAGAZINE
The Menu
Home Guide
Citizen Local's Guide
Pan~ise
KeyfTV Channel GUide
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
citizen@keywest.com
Sworn and subscribed before me this~ day of iJ./A" ~ 2008
,
Internet Division
1201 White Street (Suite 103)
Key West, FL
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Notary Public:
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
navigator@floridakeys.com
Marsha F. Kirkwood
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Upper Keys Office
81549 Old Hwy
PO Box 469
Islamorada, FL (MM81.5)
33036-0469
Tel 305~4-2266
Fax 305~-8411
freepress@floridakeys.com
..
Ocean ~)ef Office
3A Barracuda Lane
Key Largo, FL 33037
Tel 305-367-4911
Fax 305-367-2191
Expjres: September 15, 2009
Personally Known x Produced Identification
Type of Identification Produced
" NOT,ICE"O,F PU81,..ICHEARING
~ - - , -~
TO CONSIDER ADOPTION OF. A
NEW CODE OF ORDINANCES (RE-
CODIFICATION) FOR MONROE
COUNTY, FLORIDA COMPRISED OF
TWO VOLUMES, PART I GENERAL
ORDINANCES AND PART II LAND
DEVELOPMENT CODE
."
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Wednesday, January 28, 2009, at 3:00 P.M., or as soon thereafter
as may be heard, at the Harvey Government Center, 1200 Truman
Avenue, Key West, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the
adoption of the following proposed County Ordinance:
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF
. .
ORDINANCES FOR MONROE COUNTY, FLORIDA; PROVIDING
FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN; PROVIDING A PENALTY FORTHEVIOLATIONTHEREOF;
PROVIDING FOR THE MANNER OF AMENDING SUCH CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH J
TI! SECRETARY OF STATE; AND PROVIDING WHEN SUCH CODE .
A7D THIS ORDINANCE SHALL BECOME EFFECTIVE.
e . .
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
bas,ed. .
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 2
working days prior to the scheduled meeting; if you are hearing or voice
impaired, call "711".
A copy of the Ordinance may be obtained and the new Code may be
ex~rined at the Office of the County Attorney, 1111 12th Street, Suite I
#4CfJ, Key West, FL 33040. .9
1
Dated at Key West, Florida, this 17th day of December, 2008.
,~ ~;dN;~o~i~~~~~;:" t~~e~~~~~h~ ~~~~~ Court
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P.O. Box 1197 •Tavernier, Florida 33070-1197
(305)852-3216 Fax: (305)852-0199 NOTICE OF PUBLIC HEARING
PROOF OF PUBLICATION -. TO CONSIDERADOPTIONOF,
.A NEW CODE OF-ORDINANCES-
STATE OF FLORIDA (RE-CODIFICATION) FOR t -.
COUNTY OF MONROE
MONROE COUNTY,.FLORIDA-
Before the undersigned authority personally ' C-OMPRISED OF TWO _ -
appeared DAVID GOODHUE who on oath, says -
that he is EDITOR of THE REPORTER, a weekly = VOLUMES, PART I GENERAL-.-
newspaper entitled to publish legal advertising . ORDINANCES AND PART II -
published at Tavernier, Monroe County, Florida: .
that the attached copy of advertisement, being LANDEVELOPMENT CODE
LEGAL NOTICE in said newspaper in the issue NOTICE IS HEREBY GIVENTO WHOM IT MAY CONCERN that -
of: on Wednesday,January 28,2009,at 3:00 P.M:,or as soon thereafter •
• as may be heard;at the Harvey Government Center,1200 Truman
December 26th 2008 Avenue, Key West, Monroe County;Florida, the Board of-County
- - -Commissioners;of Monroe County,.Florida,intends to consider the adop-.
Affiant further says that THE REPORTER is a tion of the following proposed County Ordinance: ,
newspaper published at Tavernier, in said AN ORDINANCE ADOPTING AND ENACTING ANEWCODE
Monroe County, Florida, and that the said OF ORDINANCES FOR MONROE COUNTY,FLORIDA;PRO
y "VIDING FOR THE REPEAL OF CERTAIN ORDINANCES .
newspaper has heretofore been continuously NOT_INCLUDED THEREIN; PROVIDING A PENALTY FOR
published in the said Monroe County, Florida, THE VIOLATION THEREOF; PROVIDING FOR THE MAN-
each week (on Friday), and has been entered as NER OF AMENDING SUCH CODE; PROVIDING FOR-SEV-
second class mail matter at the Post Office in ERABILITY; PROVIDING FOR FILING WITH THE SECRE-
Tavernier, in said County of Monroe, Florida, for TARY OF STATE; AND PROVIDING WHEN SUCH CODE
AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
a period of one year next preceding the first '
publication of the attached Copy of ' 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 .
advertisement; and affiant further says that she
y any matter considered at such hearings or meetings,he will need a record
has neither paid nor promised any firm, person, -' of the proceedings,-and-that;for such-purpose;he-may need to ensure that
or corporation any discount, rebate, a verbatim record-of the proceedings is made,which record includes the
commission or refund for the purpose of testimony and evidence-upon-which the appeal is to be based.
securing this advertisement for publication in ADA ASSISTANCE:Ifyou are apersonwitha disability who needs special accom-
the said newspaper and that The Reporter is in tnodatio,is in order to.partieipate in this proceeding,please contact the County .d
full compliance with Chapter 50 of the Florida Administrators office,byphoning(305)292-4441,betweenthehoursof8:30a.m.
p p -5:00 p.m.,no later than 2 working days prior to the scheduled meeting;if you are
State Statutes on I and Official hearing or voice'impaired,call"711". :-
/Advertisements. A-copyof the Ordinance-may be obtained and the new Code-may-be .
examined at the Office of the.County Attorney, 11-1.1 12th Street, Suite
- '#408,Key West,FL 33040. -
Dated at Key West Florida,this-17th'day of December,2008. _ •
Sworn to d" sb'scribed before me this 26° DANNY L.KOLnAGE,Clerk of the Circuit Court
day of December 2008. and ex officio.Clerk of the Board'of County
�,, Commissioners'of Monroe County,Florida
. . . - ; . , ' , Published:Reporter 1.2/26/08. ;
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