Ordinance 002-2009
ORDINANCE NO. 002 - 2009
AN ORDINANCE PROHIBITING PRESENTATION, MAINTENANCE, OR
PROSECUTION OF FALSE OR FRAUDULENT CLAIMS AGAINST
MONROE COUNTY; REQUIRING FORFEITURE OF ANY CLAIM
CONTAINING FALSE OR FRAUDULENT ALLEGATIONS OR
STATEMENTS; IMPOSING PENALTIES FOR SUBMISSION OF FALSE OR
FRAUDULENT CLAIMS; PROVIDING BOTH COUNTY AND PRIVATE
ENFORCEMENT; AND PROVIDING SEVERABILITY, INCLUSION IN
THE CODE, AND AN EFFECTIVE DATE.
WHEREAS, the County may from time to time receives invoices for services not
provided or goods clearly not the quality and quantity of the representation, and claims for
damages not suffered or for which the claimant knows is not the responsibility of the County;
and
WHEREAS, responding to such frivolous claims consumes the resources of County
staH: and may also incur additional costs for consultants, to prove what occurred, what did not
occur, and whether County officers, employees or agents may have caused any damages claimed;
and
WHEREAS, such claims add an inordinate burden on the County which has to be paid
by the taxpayers; and
WHEREAS, it is desired to create a mechanism by which the County can recoup for the
taxpayers the cost of investigating and defending against such frivolous claims, as well as to
establish a deterrent to the filing of false claims, submission of fraudulent invoices, and the like;
now therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
SECTION 1. Article IX of Chapter 2 of the Code of Monroe County, Florida, is hereby
created to read as follows: This division shall be known and cited as the Monroe County False
Claims Ordinance.
Sec. 1. Pumose and Construction.
The purpose of the Monroe County False Claims Ordinance is to deter persons from knowingly
causing, assisting in causing, or attempting to cause the County to pay claims that are false,
fraudulent, or inflated, and to provide remedies for obtaining damages and civil penalties for the
County when money is sought or obtained from the County by reason of a false claim.
The provisions of this article are not exclusive, and the remedies provided for in this article shall
be in addition to any other remedies provided for in any other law, or available under common
law, or otherwise.
This article shall be liberally construed and applied to promote the public interest.
False Claims Ord
Page 10f9
Sec. 2. Definitions.
As used in this ordinance, the following words and terms used in this article shall have the
meanings ascribed to them in this section, except when the context clearly indicates a different
meaning:
(1) "Bid takeoff" means the final estimate, tabulation, or worksheet prepared by the
contractor in anticipation of the bid submitted, and which shall reflect the final bid price.
(2) "Claim" means any invoice, statement, request, demand, lawsuit, or action, under
contract or otherwise, for money, property, or services made to any employee, officer, or agent of
the County, or to any contractor, grantee, or other recipient if any portion of the money, property,
or services requested or demanded was issued from, or was provided by, the County (hereinafter
"County funds").
(3) "Claimant" means any person who brings, submits, files, maintains, or pursues a claim.
(4) "County" means the government of Monroe County or any department, division, bureau,
section, commission, planning agency, board, district, authority, agency, or instrumentality of the
County.
(5) "Extended overhead" means the amount of a claim relating to an increase in overhead
costs resulting from a delay in contract performance that is not compensated by a markup of
direct costs.
(6) "Knowing" or "knowingly" means that a person, with respect to information:
( a) has actual knowledge of the information;
(b) acts in deliberate ignorance of the truth or falsity of the information; or
(c) acts in reckless disregard of the truth or falsity of the information.
(7) "Overhead per diem" means the amount calculated by dividing the total overhead costs
set forth in the final bid takeoff by the number of days for substantial completion of the work set
forth in the contract.
(8) "Person" means any natural person, COrPOration, firm, association, organization,
partnership, agency, limited liability company, business, trust, municipality or other form of
government.
Sec. 3. Certification of claims.
(1) Upon the request of the County, the person who has submitted any type of claim shal~
within thirty (30) days, including Saturdays, Sundays, and legal holidays, submit a certified
claim as defined by this section. A "certified claim't shall be made under oath by a person duly
authorized by the claimant, and shall contain a statement that:
(a) the claim is made in good faith;
False Claims Oed.
Page 2 of9
(b) the claim's supporting data are accurate and complete
to the best of the person's knowledge and belief;
( c) the amount of the claim accurately reflects the amount
that the claimant believes is due from the County; and
(d) the certifying person is duly authorized by the claimant to certify the claim.
(2) Failure to provide the requested certification within the prescribed thirty-day (30) period shall
constitute a forfeiture of the entire claim.
Sec. 4. Liability for false claims: oenalties.
(1) The following action(s) shall constitute a violation of this ordinance:
(a) any person who knowingly presents or causes to be presented to the County, or to
any officer, employee, agent, or consultant of the County, a false or fraud claim
for payment or approval;
(b) any person who knowingly makes, uses, or causes to be made or used, a false
record or statement to get a false, fraudulent, or inflated claim paid or approved
by the County;
(c) any person who conspires to defraud the County by facilitating the paYment of a
false, fraudulent, or inflated claim allowed or paid by the County;
(d) any person who delivers, with the intent to defraud the County, goods or services
of different quality or quantity than that specified in the applicable contract or
( e) any person who is authorized to make or deliver a document certifying receipt of
property used, or to be used, by the County and, intending to defraud the County,
makes or delivers the receipt without completely knowing that the information on
the receipt is true;
(t) any person who knowingly buys, or receives as a pledge of an obligation or debt,
public property from an officer, employee, or agent of the County who lawfully
may not sell or pledge the property; or
(g) any person who knowingly makes, uses, or causes to be made or used, a false
record or statement to conceal, avoid, or decrease an obligation to payor transmit
money or property to the County.
(2) Any beneficiary of an inadvertent submission of a false claim to the County, who
subsequently discovers the falsity of the claim, and who fails to disclose the falsity of the claim
to the County within thirty (30) days of discovering the error, shall also be found to have
submitted a false claim to the County.
False Claims Ord
Page 3 of9
(3) Any person found to have submitted a false claim to the County shall:
(a) be liable to the County for an amount equal to three times that part of the claim
which is false, fraudulent, or inflated;
(b) immediately, fully, and irrevocably forfeit the entire amount of the claim;
( c) be liable to the County for all costs and fees (including, without limitation,
reasonable legal, expert, and consulting fees) incurred by the County to review,
defend, and evaluate the claim; and
(d) be subject to debarment from County contracting for a period not to exceed five
(5)years. Additionally, any person who certified a claim later found to be false
shall be subject to debarment from County contracting for a period not to exceed
five (5) years.
(4) Liability under this section shall be joint and several for any act committed by two or
more persons.
(5) Nothing contained herein shall preclude the prosecution of criminal laws against the
person submitting the false or fraudulent claim.
Sec. 5. Civil actions for false claims.
(1) The County Administrator or his designee may investigate a violation under this Article,
the County Administrator or designee finds that a person has violated or is violating this Article,
he or she may request approval from the Board of County Commissioners to bring a civil action
against the person on behalf of the County. In the event that the County Administrator is
provided with information and evidence which support a civil action and fails to bring the matter
forward to the Board of County Commissioners within forty-five days after the Clerk of Courts
or the County Attorney has requested such action, the County Attorney may bring the matter
forward to the Board of County Commissioners.
(2) A person may bring a civil action for a violation of this Article for the person and for the
County. Civil actions instituted under this ordinance shall be governed by the Florida Rules of
Civil Procedure and shall be brought in the name of the County.
(a) The complaint shall be identified on its face as a qui tam action and shall be filed
under seal in the Circuit Court of the Sixteenth Judicial Circuit, in and for
Monroe County. Immediately upon filing of a complaint by a person, a copy of
the complaint and written disclosure of substantially all material evidence and
information the person possesses shall be served on the County Administrator by
registered mail, return receipt requested. The County Administrator may elect to
proceed with the action, in lieu of the qui tam plaintiff: on behalf of the County,
within 180 days after he or she receives both the complaint and the material
evidence and information.
False Claims Ord.
Page 4 of9
(b) The County, for good cause shown, may petition the court to extend the time
during which the complaint remains under seal under paragraph (a). Any such
motion may be supported by affidavits or other submissions in camera. The
defendant is not required to respond to any complaint filed under this subsection
until twenty (20) days after the complaint is unsealed and served upon the
defendant in accordance with law.
(c) Before the expiration of the I80-day period or any extensions obtained under
paragraph (b), the County Administrator or designee, or County Attorney~ shall:
1. obtain approval from the Board of County Commissioners to proceed with
the action, in which case the action is conducted by the County Attorney
on behalf of the County; or
11. notify the court that the Board of County Commissioners declines to take
over the action, in which case the person bringing the action has the right
to conduct the action.
(d) When a person files an action under this section, the Board of County
Commissioners shall make the decision whether to intervene on behalf of the
County or bring an action under this ordinance based on the facts underlying the
pending action.
Sec. 6. Rimts of tbe Dames in civil actions.
(I) If the County elects to proceed with the action, he or she has the primary responsibility
for prosecuting the action, and is not bound by any prior or subsequent act( s) of the person
(hereafter qui tam plaintiff) originally bringing the action. The County may also voluntarily
dismiss the action notwithstanding the objections of the qui tam plaintiff
(2) If the County elects not to proceed with the action, the qui tam complainant has the right
to conduct the action. If the County Administrator or County Attorney so requests, he or she
shall be served with copies of all pleadings and motions flied in the action and copies of all
deposition transcripts. When the qui tam plaintiff proceeds with the claim, the court may permit
the County to take over the action on behalf of the County at a later date upon a showing of good
cause.
(3) Nothing in this ordinance shall be construed to limit the authority of the County or the qui
tam plaintiff: proceeding pursuant to this Article, to compromise a claim brought in a complaint
flIed under this ordinance if the court determines, after a hearing, that the proposed settlement is
fair, adequate, and reasonable under all the circumstances.
Sec. 7. Awards to Oui Tam Plaintiffs.
(I) If the County proceeds with and prevails in an action brought by qui tam plaintiff under
this ordinance, except as provided in subsection (2), the court shall order the distribution to the
qui tam plaintiff of 10 percent of the proceeds recovered under any judgment obtained by the
County in an action under this Article or of the proceeds of any settlement of the claim.
False Claims Ord
Page 5 of9
(2) If the County proceeds with an action which the court finds to be based primarily on
disclosures of specific information, other than that provided by the qui tam plaintiff: relating to
allegations or transactions in a criminal, civil, or administration hearing; a legislative,
administrative, or inspector general report, hearing, audit, or investigation; or from the news
media, the court may award such sums as it considers appropriate, but in no case more than 5
percent of the proceeds recovered under a judgment or received in settlement of a claim under
this ordinance, taking into account the significance of the information and the role of the qui tam
plaintiff in advancing the case to litigation.
(3) If the County does not proceed with an action under this ordinance, the qui tam plaintiff
shall receive 25 percent of the proceeds recovered under a judgment rendered in an action under
this ordinance or in settlement of a claim under this ordinance.
(4) Any payment under this section to the qui tam plaintiff shall be paid only out of the
proceeds recovered from the defendant.
(5) Whether or not the County proceeds with the action, if the court finds that the action was
brought by a person who planned, initiated, or furthered the violation of this Article upon which
the action was brought, the Person shall be dismissed from the civil action and shall not receive
any share of the proceeds of the action. Such dismissal shall not prejudice the right of the County
to continue the action.
Sec. 8. Exoenses: attorney's fees and costs.
(1) If the County initiates an action under this ordinance or assumes control of an action
brought by a qui tam plaintiff under this ordinance, and the County prevails in such action, the
County shall be awarded its reasonable attorney's fees, expenses, and costs.
(2) If the court awards the qui tam plaintiff proceeds under this ordinance, the person shall
also be awarded an amount for reasonable attorney's fees and costs. Payment for reasonable
attorney's fees and costs shall be made from the recovered proceeds before the distribution of any
award.
(3) If the County does not proceed with an action under this ordinance and the defendant is
the prevailing party, the court shall award the defendant reasonable attorney's fees and costs
against the qui tam plaintiff
(4) No liability shall be incurred by the County for any expenses, attorney's fees, or other
costs incurred by any person in bringing or defending an action under this ordinance, except as
otherwise specifically provided by law.
Sec. 9. Exemotions to civil actions.
(1) In no event may a person bring an action under this Article based upon allegations or
transactions that are the subject of a civil action or an administrative proceeding in which the
County is already a party.
(2) No court shall have jurisdiction over an action brought under this ordinance based upon
the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing;
False Claims Ord
Page 6 of9
in a legislative, administrative, or inspector general report, hearing, audit, or investigation; or
from the news media, unless the action is brought by the County, or unless the person bringing
the action is an original source of the information. For purposes of this subsection, the term
"original source" means an individual who has direct and independent knowledge of the
information on which the allegations are based and has voluntarily provided the information to
the County Manager before filing an action under this ordinance based on the information.
(3) No court shall have jurisdiction over an action where the person bringing the action under
this Article is:
(a) acting as an attorney for the County; or
(b) an employee or former employee of the County,
and the action is based, in whole or in part, upon information obtained in the course or scope of
County employment.
(4) No court shall have jurisdiction over an action where the person bringing the action under
this Article obtained the information from an employee or former employee of the County.
Sec. 10. Protection for oarticioatin~ emolovees.
Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other
manner discriminated against in the terms or conditions of employment by his or her employer
because of lawful acts done by the employee in furtherance of an action under this ordinance,
including investigation for, initiation of, testimony for, or assistance in an action filed or to be
filed under this ordinance, shall have a cause of action under Florida Statutes, Section 112.3187.
Sec. 11. Burden of olOof re claims under contracts: Ore5UDlotion of false claim.
(1) Whenever practicable, bid specifications for County contracts shall contain a requirement
that the successful bidder maintain, as a condition precedent to submitting a claim against the
County, a final bid takeoff The final bid takeoff shall contain a line item for allocation of
overhead costs.
(2) Upon request from the County, a contractor making a claim against the County for delay
or other damages shall submit, within twenty (20) days, a copy of the final bid takeoff: certified
pursuant to this subsection. Failure to provide the requested certification shall constitute a
forfeiture of the claim for delay or other damages. The certification shall be submitted under oath
by a person duly authorized by the claimant and shall contain a statement that:
(a) the final bid takeoff was prepared contemporaneously with the bid and in
anticipation of the bid for the project;
(b) the contractor relied on the final bid takeoff to prepare the bid and the original
schedule of values; and
( c) the final bid takeoff has not been altered in any way.
False Claims Ord
Page 70f9
(3) Any claim for extended overhead costs that exceeds, on a per diem basis, more than ten
percent (10%) of the overhead per diem contained in the final bid takeoff shall be presumed to be
a false claim, and the contractor shall have the burden of proving that any such claim for
extended overhead is not false.
Sec. 12. Innocent claimant affirmative defense.
The provisions of this ordinance shall not apply if the claimant can demonstrate by a
preponderance of the evidence each of the following facts:
(1) the claimant submitted or caused to have submitted the claim to or against the County
reasonably believing that such claim was free of any material misstatements, or any exaggerated,
inflated, or unsubstantiated assertions or damages;
(2) the claimant had no reasonable basis to doubt the truth, veracity, or accuracy of such
claim at the time it was submitted;
(3) prior to submitting the claim, the claimant diligently investigated the facts underlying
such claim and prepared the claim in a reasonable manner given all the relevant information
available; and
(4) when information indicating that any element, statement, or allegation in the claim was
false or misleading first became available, such claimant, within five business days of
discovering the falsity of the claim, took immediate steps to modify, correct, or withdraw such
claim and provided the County with immediate notice thereof
SECTION 2. SEVERABll.,ITY. 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 3. 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 4. 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 to
conform to the uniform numbering system of the code.
False Claims Ord
Page 8 of9
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on February 18, 2009,
provided that this Ordinance shall be filed with the Department of State as provided in section
125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe County,
Florida at a regular meeting of said Board held on the 18th day of February, 2009.
Mayor George Neugent Yes
Mayor Pro Tem Sylvia Murphy Yes
Commissioner Heather Carruthers Yes
Commissioner Mario DiGennaro Yes
Commissioner Kim Wigington Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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False Claims Ord
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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:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICI!:
PLANT A TION 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
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
March 17,2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160 0000 3841 2389
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance No. 002-2009 prohibiting presentation, maintenance,
or prosecution of false or fraudulent claims against Monroe County; requiring forfeiture of any claim
containing false or fraudulent allegations or statements; imposing penalties for submission of false or
fraudulent claims; providing both county and private enforcement; and providing severability,
inclusion in the Code, and an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on February 18, 2009. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny L. 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
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PS Form 3800, June 2002 See Reverse for Instructions
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, SENDER: COMPLETE THIS SECTION
I . Complete items 1, 2, and 3. Also complete
l' item 4 if R~stricted Delivery is desired. ;
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Pro g r a IT' Adm i n 1St rat () I
Administrative Code ana WeeKly
R.A. Gray Building
500 South Bronaugh Street
Tallahassee, Florida 32399-0250
O.,.d'~a.Vlce tJDZ _ 2..00 ~
2. Article Number
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COMPLETE THIS SECTION ON DELIVERY
A. Signature
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C. Date of Delivery
B. Received by ( Printed Nam
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3. SEJ"ice Type \0
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7005 1160 0000 3841 2389
102595-02-M-1540 ;
Domestic Return Receipt
STATE OF FLORIDA
COUNTY OF MONROE
.................... - ... ..
Cooke Communications, LLC
Florida Keys
Marsha F. Kirkwood
Advertising Coordinator
PO Box 1800
Key West FI 33041
Office. .. .305-292-7777
Extension....... .x219
Fax. . . . .. .305-295-8025
leaals@kevsnews.com
INTERNET PUBLISHING
keywest.com
keysnews.com
floridakeys. com
key-west.com
Web Design Services
NEWSPAPERS
The Citizen
Southemmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free Press
Islamorada Free Press
Key Largo Free Press
Ocean Reef Press
Seaport Log
MAGAZINE
The Menu
Home Guide
Citizen Local's Guide
Paradise
Keys 1V Channel Guide
MARKETING SERVICe:S
Commercial Printing
Citizen Locals Card
Direct Mail
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
Internet Division
1201 White Street (Suite 103)
Key West, FL
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
navigator@floridakeys.com
Upper Keys Office
81549 Old Hwy
PO Box 469
Islamorada, FL (MM81.5)
33036-0469
Tel 305-B64-2266
Fax 305-B64-8411
freepress@floridakeys.com
Ocean Reef Office
3A Barracuda Lane
Key Largo, FL 33037
Tel 305-367-4911
Fax 305-367-2191
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
-7/ ~~f/J (J/Vt~A4;t~
was published in said newspaper in the issue(s) of
1~j//~09
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 sai~~
Signature of Affiant
Sworn and subscribed before me thisA day of 0~J' 2009
Notary Public:
Marsha F. Kirkwood
714-tJ$'{ -;z: ,L;-4;L-y~
Expires: September 15,2009 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
r, .�,
i.
NOTICE OF
I INTENTION TO CONSIDER '
, ADOPTION OF COUNTY
• " ORDINANCE
,NOTICE IS HEREBY GIVEN TO]
WHOM IT MAY CONCERN that
f;on Wednesday, February 18,
2009 at 3:00 P.M., or, as soon
thereafter as may be heard, at ,
'the Key Largo Library,
Tradewinds Shopping Center,
101485 Overseas Highway, Mile
Marker 101, Key Largo, Monroe
•County, Florida, the Board of
p County Commissioners of Monroe
I County,Florida,intends to
'consider the adoption of the
following County ordinance:
AN ORDINANCE PROHIBITING .;
PRESENTATION,
MAINTENANCE,OR
PROSECUTION OF FALSE OR
FRAUDULENT CLAIMS
I AGAINST MONROE COUNTY; i
I REQUIRING FORFEITURE OF
ANY CLAIM CONTAINING
• FALSE OR FRAUDULENT
ALLEGATIONS OR '
STATEMENTS;IMPOSING
PENALTIES FOR SUBMISSION j
_ OF FALSE OR FRAUDULENT •
CLAIMS;PROVIDING-BOTH;
COUNTY AND PRIVATE
ENFORCEMENT;AND
f PROVIDING SEVERABILITY;
INCLUSION IN THE CODE,AND',
AN EFFECTIVE DATE. i
Pursuant to Section 286.0105;
Florida Statutes, notice is given
that if a person decided to appeal '
any decision made by the Board
With respect to any matter
considered at .such hearings or
meetings,-he will heed a record of ,
•
the proceedings,and that,for such '.2` CD o rn
purpose,,he may need to ensure A Wo
that a verbatim recbra of the
proceedings is made;which record .
;includes the testimony and 'T1;
evidence upon which the appeal is '� ~ Q
fto be based. C -" XI
MN70
ADA ASSISTANCE: if you are a ��
,person with a disability who-needs _e-[y p.
spebial accommodations in order a)
f'-
to.participate in this proceeding, '
please contact the County
Administrator's Office, by phoning-
i(305) 292-4441, between the
f hours of 8:30 am. -5:00 p.m., no
i later than 2,working days prior to
the scheduled meeting;if you are
i hearing or Voice impaired, call
711". y
Dated at Key, West, Florida, this
29th day of January;.2009.
• I
• DANNY\L.KOLHAGE, • i
Clerk of the Circuit'Court •
and ex officio.
----_ Clerk of the Board of County ,, --==Commissioners of ''>--
--
Monroe County,Florida
February 1,2009
- ooZ. 2 G ff
, ,
TheReporter •
P.O. Box 1197 •Tavernier,Florida 33070-1197 l Murray E.Nelson - February,_20o9.
Government Center,.
(305)852-3216 Fax:(305)852-0199 102050 Overseas High- DANNY L.KOLHAGE;
R way,MM 102.5,Key 2 _Clerk of the Circuit Court
PROOF OF PUBLICATION d Largo,
a,thaMonroe
Boardand of• - Board of County Com-
f County Commissioners • - missionersbfMonrbe.
of Monroe County,Flori- County,Florida"• . •
da,intends to consider. -
STATE OF FLORIDA ' the adoption of the follow- 'Publish. ._
COUNTY OF MONROE 1 ing proposed County, . •. .February 6,2009 _
j Ordinance: The Reporter•;'.
~• •Tavernier,FL 33070 '.
Before the ne undersi d authoritypersonallyi"AN ORDINANCE.PRO:' ------—- ------_ -__L
g -HIBITING PRESENTA- I
appeared DAVID GOODHUE who on oath, says TION,MAINTENANCE, -j
that he is EDITOR of THE REPORTER, a weeklyOR PROSECUTION OF ;
i' FALSE OR FRAUDU-r
newspaper entitled to publish legal advertising LENT CLAIMS - '
published at Tavernier, Monroe County, Florida: AGAINST MONROE '
COUNTY;REQUIRING
that the attached copy of advertisement, being I FORFEITURE OF ANY• .�
LEGAL NOTICE in said er news a in the issue (- CLAIM CONTAINING_-
newspaper FALSE OR FRAUDU-.-
of: LENT ALLEGATIONS_ -I_
February6 ,2009 OR STATEMENTS;-IM-' .1
POSING PENALTIES
' FOR SUBMISSION OF -
Affiant further says that THE REPORTER is a LENT CLAIMS;PRO-
newspaper published at Tavernier, in said VIDINGBOTI cQU+i Y-_
Monroe County, Florida, nd that the said , ANDPRIVATEEN-__
r, FORCEMENT;AND
newspaper has heretofore been continuously PROVIDING SEVER- '_
published in the MonroeCounty, Florida, Y''INCLUSION
p said oun Y> IN IN T THEHE CODE,AND AN
each week (on Friday), and has been entered as ; EFFECTIVE DATE. • -
second class mail matter at the Post Office in a n
Pursuant to Section
Tavernier, in said County of Monroe, Florida, for r 286.0105,Florida .• -
a period of one year next preceding the first Statutes,notice is given -
that ifa person decided to_
publication of the attached copy of appeal any decision • •
advertisement; and affiant further says that she made by the Board with -
resPecttoanymatter •
has neither paid nor promised any firm, person, considered etsuch•hear-
or ,corporation any discount, rebate, . ings or meetings,•he will need a record of the pro-
commission or refund for the purpose of i ceedings,and that,for- -
securinthis advertisement forpublication in such purpose,he may,.
need to ensure that a yer-
the said newspaper and that The:Reporter is in batim record of the pro-
full compliance with Chapte 1 of the Florida 1 ceedings is made,which ..
record includes the testi- -
State Statutes on egal and Official mony and evidence upon
1 which the appeal is to be •
Advertisements. _ i-based•._: `
37900 Ntc of In- - `•-
tentionaf�
ADA
ASSISTANCE: -
" . ; - , you are a person with a
REVISED NOTICE OF • - disability who needs`spe-
Sworn t0 d subscrib=.'refore me this 18 INTENTION TO CON- - -vial accomm•.-tions in - 11:1 • ^;=I
•SIDERADOPTIONOF -. order toparti...--te=his
dayof M .RCH, 2009. -COUNTY ORDINANCE - proceeding,-•" eltri= rn
- tactthe Cou, is-
[E REVISED NOTICE IS • trator's Offic
HEREBY OIVEN TO ing(3je ;gr
)29 , -11
3.1 ca.A.St. 1 • 1+ WHRONMt MAY CON tweenV CERN that on Wednes- a.m.-
Not y day,February 18,2009, than 2,workirl�q d.�r for
-at 3:00 P.M.,or as soon_ .to the.'sched - rrl
D I•-thereafter as may be .` ing;if you area r ..f n
3 S heard;at the . voice impair to O
1 "711" C,
• Continued on the �1
Next Column - r— R1" D
' --_ _- Dated at Key West, 671
1Florida.this.2nd day of
� Continued on the___-_ - '
,,..., MARGARET J.WHISENHUNT
f V. ' °�h. MY COMMISSION#DD443753
EXPIRES:JUN 22,2009
q4f0s Banded through 1st State Insurance
~
I NOTICE OF INTENnON TO
CONSIDER
ADOPTION OF COUNTY
ORDINANCE
~
NOTICE IS HEREBY GIVEN TO .........
WHOM IT MAY CONCERN that ,LLC
on Wednesday,February 18,
2009 at 3:00 P.M.,. or as soon
thereafter as may be' heard, at
the Murray E. Nelson .
Government Center, 102050 tor
Overseas Highway, Mile Marker
102.5, Key Largo, Monroe
County, Florida, the Board of
County Commissioners of Monroe
County, Florida, intends to ' 7
consider the adoption of the
following County ordinance:
. AN ORDINANCE PROHIBlnttlG m
PRESENTATION,
MAINTENANCE, OR
PROSECUTION OF FALSE OR
FRAUDULENT CLAIMS
AGAINST MONROE COUNTY;.
REQUIRING FORFEITURE OF
ANY CLA,.. CONTAINING
FALSE OR FRAUDULENT
ALLEGATIONS OR
STATEMENTS; IMPOSING
PENALTIES FOR SUBMISSION
OF FALSE OR FRAUDULENT
CLAIMS; PROVIDING BOTH
COUNTY AND PRIVATE .
ENFORCEMENT; AND
PROVIDING SEVERABIUTY;
INCLUSION IN THE CODE, AND
AN EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is given
that if a person decided to appeal -
any decision m~de 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
'lncludes the testimony and
evidence upon which the appeal is
.. t? be based.
""',V"l!"
ADA ASSISTANCE: If you are ',,8
person with a disability who needs
special accommodations in order
tQ participate in this proceeding,
please contact the County
Administrator's Office, by phoning
(305) 292-4441, between the 2
,l!ours of 8:30 a.m.- 5:00 p.m., no
f'llter than 2 working days prior to
1he scheduled meeting; if you are
hearing or voice impaired, call
-711".
I
I
f
(
pated at Key West, Florida, this ~
;~.Jnd day of February, 2009. -
DANNY L. KOLHAGE
Clerk of the Circuit Court '
and ex officio '
Clerk of the Board of County
C;ommissioners of
',. Monroe County, Florida
''February 4,2009
STATE OF FLORIDA
COUNTY OF MONROE
5
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
~ 7l~ (~~
was published in said newspaper in the issue( s) of
1:.,~ '1/ ~/7
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 th~p~
Signature of Affiant
Sworn and subscribed before me this L day of ~
, 2009
Notary Public:
Marsha F. Kirkwood
7l/~-,~ ~~
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Expires: September 15, 2009
Personally Known . x Produced Identification
Type of Identification Produced
Page 1 of2
Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
<phancock@monroe-clerk.com>
Monday, March 23,2009 11 :25 AM
Acknowledgment of material received
This is a computer generated email, please do not reply to this message.
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle Sw. (32310)
Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575-8852
il1fo@m.llniGQc:t~.GQm
Monroe County, FL Land Development Code - 2008(14299)
Supplement 2
Recorded: 3/19/200912:08:24 PM
We have received the following material through E-Mail.
Document Adoption
Ordinance No. 003-2009 2/18/2009
Ordinance No. 002-2009 2/18/2009
***CJi.G__k_h~J~ to see the full list of recorded ordinances for the next supplement.***
Or point your browsers at: http://www.municode.com/disposition/dislist.asp?jobid=1 09690
. You can also "GO GREEN" and reduce the number of supplement copies you
receive or just get a PDF of the supplement to print your Own coples.ask uS
how - emall tnfQ_@__mldJtiG.Qng~n,_G.-Qr-'
· ~J'~~~erri~~t~~~n5~ri'~~~~7eOth~oPrit~r~~r qr1J~~e~I~~~~hn1~I:, ~~~W<leekly. For
additional information email i__ntQn@rD_ldnjG.Q~:t~n,_GQm.
. We can post newly enacted ordinances in the online Code after each meeting.
. ~~'roa~~~ ~~u~~~ee~J~r~;Ji~g~~I~l~~e~fsf~fi~~~Wcess. Visit MCCi for more
. ~ eme~~~i~
· ~!u:f~.~~zQ~i~i~~~~~~ri~g~gln1g?~~~~nm:~~w~~ti~p and
IIJJQ@-'rLG_G_~g_Y_~nJ~_g~n~G._Q_m.
. Neea a better way to manage your Contracts? Visit MCCi's website to learn
more about automating your contract management processes.~'tCCj
. Ever need to search in several online Codes for a sample ordinance? Try our
. ~~I~~ ~g~o~eer~~~iru9st~~~~s~~~~r~~~~~tii~r ;u~~~~p~t~9.fO~~ri~iBr%ec-fi~~e
at: bttPn:!twww.nmn~nniGQqn~.nG.Qrnt~PQldJlprQG.tJldr~n.pq.f
3/23/2009
~~:W1!~
FLORIDA DEPARTMENT or STATE
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
March 23, 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 March 17, 2008 and certified copy of Monroe County Ordinance No. 002-2009, which was
filed in this office on March 19,2009.
Sincerely,
~~
Liz Cloud
Program Administrator
Lei srd
DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE 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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