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Ordinance 012-2010 ORDINANCE NO. 012 - 2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY TO PROVIDE PENAL TIES AND ENFORCEMENT BY CIVIL ACTION FOR VIOLATIONS OF SEC. 14-40 THROUGH 14-45 OF THE MONROE COUNTY CODE KNOWN AS THE MONROE COUNTY HUMAN RIGHTS ORDINANCE, BY ADDING SECTION 14-46; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there previously existed Section 13-104 of the Monroe County Code providing penalties and enforcement by civil action including a right of private action by an aggrieved party, for violation of the Monroe County Human Rights Ordinance; and WHEREAS, this provision did not get included in the Monroe County Code adopted on January 28, 2009 by the Board of County Commissioners; now, therefore, BE IT ORDAINED by the Monroe County Board of County Commissioners that the Monroe County Code is amended as follows: Section 1. Article II of Chapter 14 is hereby amended as follows: Sec. 14-46. Penalties; enforcement by civil action. (a) Any person violating the provisions of/he Monroe County Human Rights Ordinance shall upon written citation be subject to the penalties provided in Section 8-66 of the Monroe County Code. (b) The Monroe County Human Rights Ordinance may additionally be enforced by civil action, including action for equitable relief, by any aggrieved person in a court of competent jwisdiction. Page 1 of2 Human Rights Ord penalties 2/8110 KMP Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4 The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe~ Flori~ as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Momoe County, Florida at a regular meeting held on the 21st day of April 2010. Mayor Sylvia J. Murphy Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner Kim Wigington Commissioner Mario Di Gennaro ::;~ "'-' " C) c::) (:J ""'--- - r- Yes * Q :;;~ c::::t :z rT1 ~. ."r " ..,.,. ==- c::J Yes -< I ." Yes +- 0 0;::::: ::0 3::2 :IIa ;0 Yes f :z t'T1 ..e" -:.~) :r ~: " ;-i )> ~ CJ Yes -- J J CJ 0 r- f'T1 .r::- :0 \D 0 ~D~';L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Bya By: ~ Mayor Sylvia J. Murphy Deputy Clerk MONROE COUNTY AT NEY 1': FORM: OBERT B. SHilliNGER, JR. o~~~~F~.~~~~~I29U~TY ATTORNEY Page 2 of2 Human Rights Ord penalties 2/8/10 KMP ~, MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 BRANCH OFFICE: PLANT A TION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305)852-7146 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 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 May 4,2010 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7009 1160 0000 3841 2259 Dear Ms. Cloud, Enclosed please find a certified copy of Ordinance No. 012-2010 to provide penalties and enforcement by civil action for violations of Section 14-40 through 14-45 of the Monroe County Code known as the Monroe County Human Rights Ordinance, by adding Section 14-46; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances, 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 April 21, 2010. Please file for the record. Should you have any questions please feel free to contact me at (305) 295-3130. Respectfully submitted, 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 Municipal Code Corporation County Administrator County Attorney BOCC~ File a- U") ru ru ....=I .::t' cO fT1 Cl Certified Fee Cl ClCl Re tum leceipt Fee (Endors ~mel t Required) Cl Restri( ted [ lelivery Fee ..ll (Endors ~mer t Required) ....=I ....=I U") Cl Cl ("- See Reverse for Instructions SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted 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: Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronaugh Street ""aliahassee, Florida 32399-0250 0,2- COMPLETE THIS SECTION ON DELIVERY A Signature o Agent D Addressee B. Received by ( Printed Name) I C. Date of Delivety D. Is delivery address different from item 11 0 Yes If YES. enter deliVeJY~ 0 No OEP1.0t' ~~ 1 0 1~'" x 3. . &pice Type III CertifIed Mail 0 Express Mall o Registered [J Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2-. Article Number (Transfer from service label) PS Form 3811, February 2004 7005 1160 0000 3841 2259 Domestic Return Receipt 102595-02-M-1540 Page 1 of2 Pam Hancock From: To: Sent: Subject: <ords@municode.com> <phancock@monroe-clerk.com> Wednesday, May 05,20102:52 PM Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 3 Greetings from Municipal Code Corporation. Below you will find the ordinances we have currently recorded to your account. These ordinances will be codified in your next update, Supplement 3 Document Adopted Date Recorded Recorded Format Ordinance No. 030-2009 8/16/2009 12/9/2009 Hard Copy/Electronic Ordinance No. 031-2009 8/19/2009 12/9/2009 Hard Copy/Electronic Ordinance No. 036-2009 11/18/2009 12/16/2009 Hard Copy Ordinance No. 038-2009 12/16/2009 1/19/2010 Hard Copy Ordinance No. 001-2010 1/20/2010 2/5/2010 Hard Copy/Electronic Ordinance No. 033-2009 10/21/2009 2/5/2010 Hard Copy/Electronic Resolution No. 018-2010 1/20/2010 2/12/2010 Hard Copy/Electronic Ordinance No. 004-2010 2/17/2010 3/5/2010 Hard Copy/Electronic Ordinance No. 037-2010 12/16/2009 3/9/2010 E-Mail Ordinance No. 009-2010 3/17/2010 4/1/2010 Hard Copy/Electronic Ordinance No. 010-2010 3/17/2010 4/1/2010 Hard Copy/Electronic Ordinance No. 011-2010 4/21/2010 4/26/2010 Hard Copy/Electronic Ordinance No. 012-2010 4/21/2010 5/5/2010 Hard Copy/Electronic rnl......,.,...................:..:.......... ~ ~......::""..... (:~~~:/ ...........~... You can also d€reGO GREENd€D and reduce the number of supplement copies you receIve or Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances in the online Code after each 5/5/2010 ~~:WE~ FLORIDA DEPARTMENT OISTATE I . CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA DAWN K. ROBERTS Interim Secretary of State May 11, 2010 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: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 4, 2010 and certified copy of Monroe County Ordinance No. 012-2010, which was filed in this office on May 10, 2010. Sincerely, ~ ~ " CJ c::::t ::~J J;:~ c::a r- "--- n z 3 m ,'-'.J ; ~.. :::- 0 O~-~'. ; . ~"-~(: -< I .....~ " .-.. '.. 0 '" .- CD , .l ,.,.rP'."';" ;0 -. ,. 2Ia ::0 c"') -or- ::E ,." .~~.. :-1 )> ...g c-:> 0 ....i'...: C) :::0 n <:::> 0 0 ~;__ n u 115 ttoucX Liz Cloud Program Administrator LC/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 WEEKLY 850.245.6270 . FAX: 850.245.6282 ................ 1" - 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@keysnews.com INTERNET PUBLISHING keywest.com keysnews.com f1oridakeys.com key-west. com Web Design Services NEWSPAPERS The Citizen Southernmost FIYE~r Solares Hill Big Pine Free Pres:s Marathon Free Pre:ss Islamorada Free Press Key Largo Free PrE~ss MARKETING SERVICES Commercial Printing Citizen Locals Carel 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~kevwest.conl Internet Division 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywest.c:om Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 marathon(Q)kevsnews.com Upper Keys Office, 91731 Overseas Hwy Tavernier, FL 33070 Tel 305-853-7277 Fax 305-853-0556 freepress@f1oridakeys.com STATE OF FLORIDA COUNTY OF MONROE 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 r;~ f~~ was published in said newspaper in the issue(s) of fY)~ ~JI .2d/~ 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 said new~ .~ Signature of Affiant Sworn and subscribed before me this ?}J-...day of ~ ' 2010 Notary Public: ~~~A\7~~~1:~~~i~~'~~~~~~~8~- \1 Marsha F. Kirkwood l\~~(il~;'~~i~~~~~~~l~~:~~: l:;1;;';j J1/~ ~ ~~ Expires: September 15, 2013 Notary Seal Personally Known x Produced Identification Type of Identification Produced NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE_ NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on April 21, 2010 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 County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY TO PROVIDE PENALTIES AND ENFORCEMENT BY CIVIL ACTION FOR VIOLATIONS OF SEC.14-40 THROUGH 14-45 OF THE MONROE COUNTY CODE KNOWN AS THE MONROE COUNTY HUMAN RIGHTS ORDINANCE,BY ADDING SECTION 14-46;PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. Pursuant to Sectioh 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 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 • o ..2 evidence upon which the appeal is c > o to be based. 'r.C 22. P1 cDr , ADA ASSISTANCE: If you are a person with a disability who needs C-Z ? — O N special accommodations in order ©� to participate in this proceeding, `— r please contact the County Administrator's Office, by phonin (305) 292-4441, between the '{� C? CD hours of 8:30 a.m. - 5:00 p.m., no rn ;' later than 2 working days prior to ' CJ7 CD the scheduled meeting; if you are hearing or voice impaired, call "711". Dated at Key West, Florida, this 17th day of March,2010. DANNY L.KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida March 21,2010 • FLORIDA KEYS o 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 Published Twice Weekly matter considered at such Marathon, Monroe County, Florida neengscmeees,hewill needd a record the of the proceedings,and that,for such PROOF OF PUBLICATION en aemayneedo ensuree t that a verbatim r record of the proceedings is made, which record includes the testimony and evidence upon STATE OF FLORIDA which the appeal is to be COUNTY OF MONROE based. Before the undersigned authority person- ADA ASSISTANCE:If you are ally appeared WAYNE MARKHAM who on a person with a disability who needs special oath, says that he is PUBLISHER of the accommodations in order to FLORIDA KEYS KEYNOTER, a twice participate in this proceeding, No.0806600 please contact the County weekly newspaper published in Marathon, NOTICE OF INTENTION TO Administrator'sOffice,by 441, in Monroe County, Florida: that the CONSIDER ADOPTION OF betweenoning hehours 305) of8:3 attached copyof advertisement was COUNTY ORDINANCE b5:00p.m.,no an2a.m. -5:00 p.m.,no later than 2 published in said newspaper in the issues working days prior to the NOTICE IS HEREBY GIVEN scheduled meeting;if you are of: (date(s) of publication) TO WHOM IT MAY CONCERN hearing or voice impaired,call that on April 21,2010 at 3:00 ' "711" ,? Gf//I � 2 7� ,t8/_ L /0 P.M.,or as soon thereafter as cmay be heard,at the Harvey Dated at Key West,Florida,this Government Center,1200 17th day of March,2010. Truman Avenue,Key West, Monroe County,Florida,the DANNY L.KOLHAGE, Board of County Clerk of the Circuit Court Commissioners of Monroe and ex officio Clerk of the Board Affiant further says that the said FLORIDA County,Florida,intends to of County Commissioners of KEYS KEYNOTER is a newspaper published consider the adoption of the Monroe County,Florida following County ordinance: at Marathon, in said Monroe County, Publish March24,2010 Florida, and that the said newspaper has AN ORDINANCE OF THE Florida Keys Keynoter UNTY heretofore been continuouslypublished in COMMISRD SIOF ERSO COMMISSIONERS OF said Monroe County, Florida, twice each MONROECOUNTYTO (on Wednesdayand Saturday) and PROVIDE PENALTIES AND week ENFORCEMENT BY CIVIL has been entered as a second class mail ACTION FOR VIOLATIONS OTHROUGH matter at the post office in Marathon, in 14 SEC.1 THE MONROE Monroe County, Florida, for aCOUNTY CODE NOW period of COUNTY CODE KNOWN AS One year next preceding the first THE MONROE COUNTY HUMAN RIGHTS publication of the attached copy of ORDINANCE,BY ADDING advertisement. The affiant further says SECTION 14-46;PROVIDING FOR SEVERABILITY; that he has neither paid nor promised any PROVIDING FOR THE person, firm, or corporation any discount, REPEAL OF ALL ORDINANCES rebate, commission or refund for the INCONSISTENT HEREWITH; purpose of securing this advertisement for PROVIDING FOR publication in the said newspaper(s) an INCORPORATION INTO THE d MONROE COUNTY CODE OF that The Florida Keys Keynoter is in full ORDINANCES;AND - . compliance with Chapter 50 of the Florida DATEIDINGANEFFECTIVE .p C` State Statutes on Legal and Official fir`—=' `=' LCONTINUED IN THE NEXT COLUMN C,J l • a !- Advertisements. ').3,r-CJ • _� O c G • -11 r�. . r --G.,' r"' 'a Swo n o a subs ibed before me '�--r� r"r this o2 L Da of ?G1/L C� , 2010 ,� C) N (--)' rr7 CD (SEAL) �' fr `�: -- BEVERLY TRAEGER i ..- MY COMMISSION#DD969749 ."r:ai EXPIRES:April 18,2014 Notary L_ or n°:' Bonded Th u Notary Public Undenv hers .The a orter p ORDINANCE,BY ADDING SECTION 14-46;PROVIDING P.O. Box 1 197 • Tavernier, Florida 33070-1197 FOR SEVERABILITY; PROVIDING (305)852-3216 Fax: (305)852-0199 REPEAL OF FALL OR THE ORDINANCES INCONSPROOF OF PUBLICATION PROVIDING FORNT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; STATE OF FLORIDA PROVIDING ANEFFFECTIVE COUNTY OF MONROE DATE. Pursuant to Section 286.0105, Before the undersigned authority personally Florida Statutes,notice is given DAVID GOODHUE who on oath, says thatifanysondeon appearedded to mad a appeal any decision made by that he is EDITOR of THE REPORTER, a weekly the Board with respect to any matter newspaper entitled topublish legal advertisinghearings or at such g hearings or meetings,he will published at Tavernier, Monroe County, Florida: need a record of the that the attached copy of advertisement, being proceedings,and that,for such purpose,he may need to LEGAL NOTICE in said newspaper in the issue ensure that a verbatim record of: of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be March 26, 2010 based. ADA ASSISTANCE:If you are a person with a disability who Affiant further says that THE REPORTER is a needs special newspaper published at Tavernier, in said accommodations in order to ng, Monroe County, Florida, and that the said participateleascoin contact hpCounty please contact the County newspaper has heretofore been continuously Administrator's Office,by phoning(305)292-4441, published in the said Monroe County, Florida, between the hours of8:30a.m. each week (on Friday), and has been entered as -5:00p.m.,no later than 2 working second class mail matter at the Post Office in scheduled eetingor otye scheduled meeting;if you are Tavernier, in said County of Monroe, Florida, for hearing or voice impaired,call a period of one year next preceding the first 711 . publication of the attached copy of Ad#0767100 Dated at Key West,Florida,this advertisement; and affiant further says that she 17thdayofMarch,2010. Y NOTICE OF INTENTION TO has neither paid nor promised any firm, person, CONSIDER ADOPTION OF DANNY L.KOLHAGE, COUNTY ORDINANCE Clerk of the Circuit Court and ex or corporation any discount, rebate, officioClerkoftheBoardof commission or refund for the purpose of NOTICE IS HEREBY GIVEN County Commissioners of this advertisement forpublication in TO WHOM IT MAY CONCERN Monroe County,Florida securingthat on April 21,2010 at 3:00 the said newspaper and that The Reporter is in P.M.,or as soon thereafter as (SEAL) full compliance with Chapter 50 of the Florida may be heard,at the Harvey Government Center,1200 P,jblished:3/26/2010 State Statutes on i Legal and Official TrumariAvenue,KeyWest, Thee Reporter Advertisements. Monroe County,Florida,the ,Tavernier,FL 33070 Board of County Commissioners of Monroe /7----- ) County,Florida,intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE Sworn to and subscribed before me this 26th BOARD OF COUNTY N dayof March, 2O1 O. COMMISSIONERS OF A � _� MONROECOUNTYTO = PROVIDE PENALTIES AND = - /-71 ENFORCEMENT BY CIVIL 9 70—; ap CD L ACTION FOR VIOLATIONS (-7-_�; ---- --.i OFJ. 14 SEC.1 HE THROUGH C�=: fi- o 14-45 OF THE MONROE Ca .� COUNTY CODE KNOWN At3= - a Notar THE MONROE COUNTY 'tR"h. ; tJ 3 1 / ' 0 HUMAN RIGHTS ;"<-► t rl p,[ lCj / �' N <T 1CONT/NUED/N THE NEXT COLt r_m • Q MARGARET J.WHISENHUNT for Is MY COMMISSION#DD881967 EXPIRES:JUN 22,2013 °' 8M1dee through 1st State Insurance