The URL can be used to link to this page

Ordinance 038-2010MAYOR MURPHY ORDINANCE NO. 038 - 2010 AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTIONS 26-1, 26-96 AND 26-98 OF THE MONROE COUNTY CODE, FURTHER RESTRICTING DIVING AND SNORKELING DURING LOBSTER MINI - SEASON AND COMMERCIAL LOBSTER SEASON; PROVIDING A DEFINITION FOR "COMMERCIAL LOBSTER SEASON"; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners finds that the increased diver and boat traffic in navigable canals, and within 300 feet of marinas, improved residential and commercial shorelines before and during the two -day lobster mini - season and beginning with the start of the commercial lobster season presents heightened public safety problems not generally applicable at other times of the year; and WHEREAS, the Board of County Commissioners finds and declares these public safety problems to constitute a public nuisance, detrimental to the community as a whole, due to the level of policing and emergency services required to respond to accidents and collisions that occur because of the close proximity of divers and vessel traffic in small areas; and WHEREAS, the Board of County Commissioners finds that the extended prohibition of diving and snorkeling preceding lobster mini - season running through commercial lobster season does not intrude upon the Florida Fish and Wildlife Conservation Commission's jurisdiction over the harvesting of spiny lobster and in fact furthers the Commissioner's stated intent of protecting and conserving Florida's spiny lobster resources; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 26 -1, Monroe County Code is hereby amended to read as follows: Sec. 26-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1 MAYOR MURPHY Combustion vessel exclusion zone means that no person shall operate a motorized vessel (as defined in this section), by use of a combustion engine, or in some cases where specifically established an electric motor, in any area spatially defined as "Combustion Vessel Exclusion Zone" and that is so identified as a "Combustion Vessel Exclusion Zone" by appropriate signage. Commercial lobster season means the period of time designated for harvesting of lobster, currently from August 6 through March 31 of the following year, authorized by the Marine Fisheries Department of the Florida Fish and Wildlife Conservation Commission pursuant to Section 68B- 24.005, Florida Administrative Code, as amended from time to time. Commercial vessel means: (1) Any vessel primarily engaged in the taking or landing of saltwater fish or saltwater products or freshwater fish or freshwater products, or any vessel licensed pursuant to F.S. § 370.06 from which commercial quantities of saltwater products are harvested, from within and without the waters of this state for sale either to the consumer, retail dealer, or wholesale dealer; or (2) Any other vessel, except a recreational vessel as defined in this section. Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping. Dive means to wholly or partially submerge one's body while equipped with a mask or goggles, whether or not any type of underwater breathing apparatus is used. Floating structure means as defined in F. S. § 327.02. Houseboat means as provided in F.S. § 337.02. Idle speedlno wake means that a vessel cannot proceed at a speed greater than that speed that is necessary to maintain steerage. Live - aboard vessel. (1) The term "live- aboard vessel" means as provided in F.S. § 327.02. (2) Any vessel with a person living aboard and that is anchored, moored, or docked in the same location for 72 consecutive hours is presumed to be a live - aboard vessel. Lobster mini - season means the two -day sport season authorized by the state pursuant to F.A.C. 68B - 24.005. 2 MAYOR MURPHY Manager means the manager and/or management staff of the land based facility authorized by separate resolution and/or agreement to operate, manage and maintain any county mooring field. Manmade water body means a water body that was created by excavation by mechanical means under human control and shall include a canal, cut basin, or channel where its edges or margins have subsequently been modified by natural forces. (1) For the purposes of this chapter, such water bodies may have natural components, for instance a channel or canal may have been dredged such that the dredge material was used to create land on one side, but not the other, thus leaving a relatively natural shoreline on the opposite side. (2) Also for the purposes of this chapter, the manmade water body must have "buildings," as defined in part II of this Code, along its shoreline to be applicable. If buildings are not present on a given shoreline on the date of adoption of the ordinance from which this section is derived, but such buildings are constructed at a later date, then the ordinance from which this section is derived becomes effective at that time. Marine sanitation device means as defined in F.S. § 327.02. Mobile pump -out vessel means any vessel capable of pumping out and receiving human body wastes and other effluent contained in marine sanitation devices installed aboard other vessels. Mooring field means areas in and adjacent to the County installed mooring systems, including designated anchoring areas. These areas may include both County and State owned submerged lands, but shall exclude privately owned submerged lands. The delineation, implementation and management of County mooring fields shall be approved by the state. Motorboat means as provided in F.S. § 327.02. This definition is synonymous with the definition of motorized vessel. Motorized vessel means any vessel that is propelled or powered by machinery and that is capable of being used as a means of transportation on water. No discharge zone means any of the areas located within State waters within the boundaries of the Florida Keys National Marine Sanctuary, as identified in Federal Register Notice 66:144, pp 38967- 38969, promulgated on July 26, 2001, and as shown in attachment A of the ordinance from which this section is derived. Owner means as provided in F.S. § 327.02. Person means an individual, partnership, firm, corporation, association, or other entity, but does not include an individual on board a public vessel or the owner of a public vessel. 3 MAYOR MURPHY Public vessel means a vessel owned or a bareboat chartered and operated by the United States, the State, the County, or by a foreign nation, except when such vessel is in commerce. Pump -out station means a facility that pumps or receives human body wastes and other effluent out of marine sanitation device installed on board vessels. Real property owner means any part owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, with legal or beneficial title to the whole or to part of real property. Recreational vessel means any vessel: (1) Manufactured and used primarily for noncommercial purposes; or (2) Leased, rented, or chartered to a person for the person's noncommercial use. Residential area means any area designated improved subdivision, suburban residential or suburban residential limited, sparsely settled, urban residential, and urban residential mobile home under the County land development regulations. Seaworthy condition means that a vessel is in good condition and capable of the use for which it was designed. Sewage means human body wastes and wastes from toilets and other receptacles, including approved marine sanitation devices (MSD) intended to receive or retain body wastes, whether treated or raw. Slow speed/minimum wake means that a vessel must be fully off plane and completely settled into the water. It must not proceed at a speed greater than that which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. A vessel is not proceeding at a slow speedJminimum wake when it is: (1) Operating on a plane; (2) In the process of coming off plane and settling into the water or coming up onto a plane; or (3) Operating at a speed that creates a wake that is unreasonable or unnecessarily endangers other vessels. Speargun means any device whether commercially manufactured or hand -made, that is designed and constructed so as to be capable of forcefully discharging at great velocity any spear or any similar projectile in a direction determined by the user thereof for a distance greater than two feet (24 inches) whether or not such spear or projectile is tethered to the firing apparatus or otherwise limited in its range. No distinction shall be n MAYOR MURPHY made as to the mechanical construction or physical means used in such devices to create the potential energy necessary to eject or fire such spear or similar projectiles. Vessel means as provided in F. S. § 327.02. Water -borne craft or structures subject to density allocation and wastewater management requirements (water -borne craft) means and encompasses any of the following definitions, houseboat, floating structures, live aboard vessel, and vessel as defined in this chapter and F.S. § 327.02 when the object of such definitions is being occupied in a manner that would be construed as either a residential or business purpose that would normally require wastewater facilities. Such occupation, be it residential or commercial in nature, could involve either long -term or short-term tenancies and typically would involve occupancy including habitation, eating, sleeping, bathing, and or a business functions where the occupant were aboard the water -borne craft for several hours per day. (1) Water -borne craft may as a matter of course occupy a dry slip, wet slip, or mooring as defined in this chapter and exist in a marina, marine facility, mooring field or other location within or on waters of this state as defined in this chapter. (2) Water -borne craft are subject to a density allocation commensurate with the district it occupies and is to be calculated as the equivalent of one density unit. Water -borne craft are subject to wastewater management requirements as defined in this section and part H of this Code. SECTION 2 _ Sec. 26-96, Monroe County Code is hereby amended to read as follows: Sec. 26-96. Intent and purpose. The intent and purpose of this article is to abate the destruction of property, deleterious environmental effects, and criminal trespass that results from the close proximity of divers to public and private property, as well as from the interactions and explorations by divers of docks, piers, and bulkheads in search of spiny lobster during the lobster mini - season and commercial lobster seaso Such activities constitute a public nuisance. SECTION 3. ; Sec. 26-98, Monroe County Code is hereby amended to read as follows: Sec. 26-9& hiving and snorkeling prohibited. (a) It is a public nuisance and is unlawful for any person to dive or snorkel in any manmade water body or marina, or within 300 feet of an improved residential or commercial shoreline beginning three (3) days prior to the opening of and during the entirety of the lobster mini- season and for the first five (5) days of commercial lobster season. 5 MAYOR MURPHY (b) Nothing in this article shall prohibit diving incidental to vessel or dock maintenance, provided the diver performing the maintenance lawfully displays a diver down flag and otherwise complies with the requirements of F.S. ch. 327, or diving and snorkeling in front: of your property to the center line of the canal or 100 ft. of open water. (c) This Ordinance shall sunset on August 31, 2012. SECTION 4, SEVERABIIdTY. 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. SEC__ 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 6. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated into 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. SECTION ' L. EFFECTIVE DATE. This Ordinance shall take effect as provided in section 125.66(2), Florida Statutes and sunset on August 31, 2012. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 15 day of December, 2010. Mayor Heather Carruthers Mayor Pro Tem David Rice George Neugent Sylvia Murphy Kim Wigington l� L. KOLHAGE, Clerk By n �",, Q tC Deputy Clerk CD 4 m CL- CS W — 7 l _ C-4 Yes No Yes Yes No BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B 1-67" person # er LILYYG 4er - /1? a y o-r- L A / R D D A S TO FORM: CHRISTINE M Oki 3ERT- BAR- RdC��tS— ASSISTArd'i CC)('N .lEY Date 0 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294 -4641 FAX(305)295 -3663 BRANCH OFFICE: MARATION SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 rEL. (305) 289 -6027 FAX (305) 289 -1745 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray ]Building 500 S Bronough Street Tallahassee FL 32399 -0250 January 13, 2011 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -7145 FAX (305) 852 -7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -7145 FAX(305)853 -7440 Via Certified Mail 70101670 0001 0244 7761 Dear Ms. Cloud, Enclosed please find a certified copy of Ordinance No. 038 -2010 amending Sections 26- 1, 26 -96 and 26 -98 of the Monroe County Code, further restricting diving and snorkeling during lobster mini - season and commercial lobster season; providing a definition for "Commercial Lobster Season "; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County of Ordinances; and Providing for an effective date, with a sunset date of August 31, 2012. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on December 15, 2010. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, ` c? . U . ti • O OF C0 U1414 . CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk -of- the- court.com Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Isabel C DeSantis, D. C. cc: Municipal Code via Certified Mail 7010 1670 0001 0244 7778 County Attorney via e -mail BOCC via e -mail Florida Fish & Wildlife, Officer Kim Dipre via e -mail Monroe County Sheriffs Office via e -mail File r-q '• • .- PIZ ti Postage O Certified Fee Q Return Receipt Fee ostmark ° (Endorsement Required) 0` Here ° Restricted Delivery Fee ° (Endorsement Required) N ,-0 Total Postage & Fees r-4 a 03`� -201 b O Sent To Administrative Code and Weeis;y -- ° 5 treet , AwftA. a.1 �1 8u4rng or PO Box � �trlA CMIthk RrAnnrrnh Q +renf Florida 32399 -025C. ( Domestic Mail • No Insurance Coverage Provided For delivery information i visit our website at www.usps.corri D_ inj Postage $ ( ° 2 s� Certified Fee M T Postmark ° Return Receipt Fee p t— Here ° (Endorsement Required) ° Restricted Delivery Fee tv ° (Endorsement Required) ..D Total Postage & Fees $ a Orel 038 -x.010 ° Sent To M Code Corporation or PO Box N . I�Q EL-3=16-M5 M5- °-------- , ZIP wvr �7�e7 il�+aird ------ °..'..'.' City, State, ZIP+ PS Form :0r August 2006 See Reverse for Instructions :i \ / ] Q 00 \ \ \ � f¢ \\ { } k 0 L-i E3 Er -i 0 C3 � X7 � Er L-i } a k / \ } ■ ■ ■ >9 /off /3 Cm gi g ■ =r f � <$ � 0 CD ° o - F I =�C� ca CD C o CD 2t � 2 77 a � 0 / -\0220 E go »a3 3 > » 3 �> ( ID /(D 7oo,Ag k §g�2R2 4 0 (D — � CL- 0 0 ON $ a CD M C = k�� j ,;:Po �0 -g0 �@ {k§ ■• m. ƒ % / J � E \ 7 / ❑ / co ❑❑ ®/ A» 7 Cl) g k cn �k\ \ OR D R �\ 7 ❑ ❑❑ � � § oEJ CP f PB§ ■ r ®� # p } 00 0 0 E/ \ (/� CD CD Q , J � E \ 7 / ❑ / CL d} (D LL (D 0 cc Cj) Z C) D) 42o E g U) U) , 0 a) =a- = ui ui U) 0 a- U) LU U) 0 w F- z Z) 0 .0 . cn F N co LU ej cu cu Ne 0 0 L: a) _0 c (D RICK SCOTT Governor January 19, 2011 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Isabel C. DeSantis, 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 January 13, 2011, and certified copy of Monroe County Ordinance No. 038 -2010, which was filed in this office; on January 18, 2011. Sincerely, ac, 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: 850.245.6282 • TOO: 850.922.4085 • http: / /diis.dos.state.tl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 . FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 -. FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHIVES OF FLORIDA � a �- o C ., o - rr- 0 �0 0 DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 850.245.6600 • FAX: 850.245.6282 • TOO: 850.922.4085 • http: / /diis.dos.state.tl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 . FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 -. FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHIVES OF FLORIDA II FLORIDA KEYS U — i i , 1.�. - u.� -.._..j ..._.� :J i .. k Published Twice Weekly Marathon, Monroe County, Florida PROVIDING FOR SEVERABILITY;PROVIDING FOR THE PROOF OF PUBLICATION IORDNANCESEALOFALL 'INCONSISTENT HEREWITH;, PROVIDING FOR STATE OF FLORIDA i INCORPORATION INTO THE MONROE COUNTY CODE OF COUNTY OF MONROE , 'ORDINANCES;AND Before the undersigned authority person- PROVIDING FOR AN ally appeared WAYNE MARKHAM who on EFFECTIVE DATE. oath, says that he is PUBLISHER of the Pursuant to Section286.0105, Florida Statutes,notice is given FLORIDA KEYS KEYNOTER, a twice that if a person decided to weekly--newspaper published in-Marathon, - - — - appeal any decision made by in Monroe County, Florida: that the meBrconsoard id redatsuspect cany j matter considered.atsuch attached copy of advertisement was hearings or meetings,he will published in said newspaper in the issues • need eedngs,and that,for such of: (dates) of publication) purpose,he may need to ensure that a verbatim record. Y/l.� 9 � I £ of the proceedings is made, ./fj� J which record includes the L • testimony and evidence upon ' which the appeal is to be REVISED 1 1 ,;based. ' NOTICE OF INTENTION TO CONSIDER ADOPTION OF -: ADAASSISTANCE:If you are. , Affiant further says that the said FLORIDA COUNTY ORDINANCE . � ,aperson with a disability who . KEYS KEYNOTER is a newspaper published erneeds special P P NOTICE IS.HEREBY GIVEN ;accommodations in order to at Marathon, in said Monroe County, ' TO WHOM IT MAY CONCERN j :participatein this proceeding, Florida, and that the said newspaper has that on December 15,2010at .! ,pleese contact theCounty 3:00 P.M.,or as soon 'Administrator's Office,by heretofore been continuously published in thereafterasmaybeheard, • :phoning(305)292-4441, said Monroe County, Florida, twice each at the Marathon Government .between the hoursof8:30a.m. Center,2798 Overseas ;-5:00 p.m.,no later than five(5) week (on Wednesday and Saturday) and Highway,Mile Marker 50, - - ,calendar days prior to the has been entered as a second class mail Marathon,Monroe County,. ', scheduled meeting;if you are matter at the post office in Marathon, in Florida,the Board of County ; I ,hearing orvoice impaired,call Commissioners of Monroe I ;"711". Monroe County, Florida, for a period of County,Florida,intends to. -. oneyear next precedingthe first consider the adoption of the ;Dated at Key West,Florida,this ,-following County ordinance: . ,30th day of November,2010. publication of the attached copy of - advertisement. The affiant further says ' AN ORDINANCE BY THE' ,DANNYL.KOLHAGE, BOARD OF COUNTY 'Cleik of the Circuit Court that he has neither paid nor promised any COMMISSIONERS OF ;and ex officio Clerk of the Board person, firm or corporation anydiscount MONROE COUNTY, 'of County Commissioners of FLORIDAAMENDING '. Monroe County,Florida P , P • rebate, commission or refund for the ' SECTIONS26-1,26-96AND purpose of securing this advertisement for 2698OFTHEMONROE ;PublishDecember4,2010 COUNTY CODE,FURTHER,, 'Florida Keys Keynoter publication in the said newspaper(s) and I RESTRICTING DIVING AND -- - ----- - that The Florida Keys Keynoter is in full SNORKELING DURING LOBSTER MINI-SEASON - compliance with Chapter 50 of the Florida , AND COMMERCIAL State Statutes on Legal and Official LOBSTER SEASON;' . PROVIDING AIDEFINITIO,N Advertisements. FOR"COMMERCIAL / n �- LOBSTER BSTER SEASON": , �V )/!'iG! . - ri d Sworn to a d sub'`sc bed bef rem - `' this g ['stay of l • 2010 .+uu�xuued6eoo.00uanouunoeneaoeuameaeaa6on i Y,• (SEAL) KATHLEEN BRYAN 1 r'' ' _ TI .`1,1111111`, Comm#DD0736428 CC G�,ara�, `��j� �Q Expires 12/12/2011 , h. +�' `' ;;H � Florida Notary Assn.,Inc ._Ni r'J': r , otary --I?�' co 0 -' �' z� r- r; OD o _I FLORIDA" KEYS - No:7372000 - 177 i : \�•' I i ' ,:F u 77-1 e :' I NOTICE OF INTENTION TO - g 20/U ••. ( , ati F ( ) ` l 1 f�, `• I CONSIDER ADOPTION OF 03. ' �� t a t > COUNTY ORDINANCE • . 1. i ` v y •FP i f ° ,' i' I NOTICE IS HEREBY GIVEN - PUbIISheCI TWICe WeeklyTO.WHOMITMA Y-CONCERN • Marathon, Monroe County, Florida" 'that on December15,2010at • : i 3:00 P.M.,or as soon - ` 'I thereafter as maybe heard, PROVIDING FOR • -5:00 p.m.,no"later than five(5) PROOF Of PUBLICATION ` at the Murray E:,Nelson INCORPORATION INTO THE; calendar days prior to the Government Center,102050 ,MONROE COUNTY cODE OF• ,scheduled meeting;if you are ' • . .[Overseas Highway,Mile ORDINANCES;AND 'hearing or voice ice impaired,call" Marker 102,Key Largo, PROVIDING FOR AN _ •"711,". STATE OF FLORIDA ". _ Monroe County,Florida,the EFFECTIVE DATE. • Board of County 'Dated at Key West,Florida,this COUNTY OF'M O"N RO E - Commissioners of Monroe Pursuant to Section 286.0105, 17th pac of November,2010. 'Before the undersigned authority "person- County,Florida,intends to Florida decies, ticeisgiven consider the adoption of the that if a person decided to DANNY L.KOLHAGE,•' :ally appeared WAYNE MARKHAM who On following Countyordinance: appealanydecisionmadeby Clerk of the Circuit Court oath sa s that" he is PUBLISHER Of the theBoardwithrespecttoany• andexofficioClerks ftheBoard yAN ORDINANCE BY THE . matterconsideredatsuch of County Commissionersof FLORIDA KEYS KEYNOTER, a twice BOARD OF COUNTY " hearings or"meetings,'hewill • Monroe County,Florida : • weeklynewspaper published- in Marathon COMMISSIONERS OF , ,•need arecordofthe , - R c MONROE COUNTY, proceedings;and that,for such (SEAL) in Monroe County, Florida: that the FLORIDA-AMENDING purpose,hemayneedto , attached copy of -advertisement" was SECTIONS 26-1,26-96 AND_ ensurethataverbatimrecprd Publish November27,2010 26-9B OF THE MONROE of the proceedings is made, Florida Keys Keynoter • published in Said newspaper in the issues COUNTYCODE,FURTHER , whichrercordincludesthed • ` • __ ___ of: (date(s) of publication) RESTRICTING DIVING AND testimonyand evidence upon : SNORKELING DURING which the appeal is to be • • • ; pG%%L/ / LOBSTER MINI-SEASON based. j / AND COMMERCIAL LOBSTER SEASON; ADAASSISTANCE:If you are PROVIDING A DEFINITION a person with a disability who, " FOR COMMERCIAL ° ' needs special LOBSTER SEASON; • . accommodations in order to - ' PROVIDING'FOR participate in this proceeding, Affiant further says 'that the.-said FLORIDA •SEVERABILITY;PROVIDING ,please contact the County " KEYS KEYNOTERis a_news a erpublished. FOR THE REPEAL OF ALL : Administrator's Office,by I p p ORDINANCES phoning(305)292-4441,- at, Marathon, -in said- Monroe; County, INCONSISTENT HEREWITH; between the hours of8:30a.m. - Florida,: and that the said newspaper has I f TINUEDINTHENEXTCOLUMN'_ICONT/NU I EDINTHENEXTCOLUMN " • • 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,` r `" • - - ' - cam F rebate, commission or refund '''for the �; = • e� purpose of,securing 'this advertisement for publication in the said newspapers) :and, , o that -The Florida `Keys" Keynoter is in full '' _ a -r- compliance-with Chapter 50 of.the Florida" - , Js,Ia State Statutes on 'Legal and Official a--•..--r.•.; :.r� c-' Advertisements. o�'- rn o %// • Sworn to�` d sOlAeribed before me this, gry y-of-jG�r 2010 - - - (SEAL). ' t nY r,.. - BEVERLY TRAEGER' . . MY COMMISSION#DD 969749 - �j�•Q EXPIRES:April 16,2014 ' ( � ,,:a'�' ..Bonded Thru Notary Public Undermders Notary, '; The a order h P.O. Box 1197 ! Tavernier, Florida.33070-1197 d 3 g- 2of v • (305)852-3216 Fax: (305)852-0199 . PROOF OF PUBLICATION .. . . • 3:00 P.M.;or as soon - jthereafter as may be heard, ' STATE OF FLORIDA . attheMurrayE.Nelson • I - COUNTY OF MONROE ; GovernmentCenter,102050 1 • ; Overseas Highway,Mile - i Marker 102,Key Largo, , Before the undersigned authority personally Monroe County,Florida,the I Board of County i appeared DAVID HAWKINS who-on oath, says Commissioners of Monroe 1 that he is.DEPUTY EDITOR of-THE REPORTER, i County;Florida,intends to •' ! a weeklynewspaper entitled topublish legal , consider the adoption of the I - - g i ; following County ordinance:- advertising advertising : published at Tavernier, Monroe County, Florida: that the attached copy Of �'BOARD OF COUNTY HE l advertisement, being LEGAL NOTICE in said COMMISSIONERS OR i MONROE COUNTY, •newspaper in the issue of I FLORIDA AMENDING 1 1 SECTIONS 26-1,26-96AND" 11/26/10 ' {{26-98 OF MONROE COUNTY , • CODE,FURTHER - • I RESTRICTING DIVING AND . SNORKELING DURING Clerk of the Board of County Affiant further says that THE REPORTER is a I LOBSTERMINI-SEASON Commissioners of Monroe - newspaper published at Tavernier, in: said ;i l AND COMMERCIAL • County,Florida Monroe County, Florida, and ..that the said ;LOBSTER SEASON; • PROVIDINGi4DEFINITION (SEAL) - newspaper has heretofore been 'continuously I FOR"COMMERCIAL • • published in the said Monroe County, Florida,. 1 LOBSTER SEASON' • Publish 11/26/10. PROVIDING FOR The Reporter each week (on Friday), and.has been entered as .SEVERABILITY;PROVIDING Tavernier,Fl 33070 y• second class Mail• matter at the Post Office in FOR THE REPEAL OF ALL � . ORDINANCES• Tavernier, in said.County of Monroe, Florida, for INCONSISTENT': ' . - a period of one year.next preceding-the. first HEREWITHIN;PROVIDING i FOR INCORPORATION INTO - publication of the . attached copy of THE MONROE COUNTY i advertisement; and affiant further says that she . ' CODE OF ORDINANCE;AND . PROVIDING FOR AN has neither paid nor promised any firm, person, EFFECTIVE DATE. I. or corporation- any discount, -rebate, Pursuant to Section 286.0105 • commission or refund for. the purpose of Fldrida Statutes,notice is given ' securing this advertisement for publication in that.if a person decided to . ' ' • • the said newspaper and that The Reporter is in. Iappeal any decision made by i the Board with respect to any full compliance with Chapter-,50 of the Florida i matter considered at such - . State Statutes '• on Legal and Official i hearings or meetings,he will j need a record of the - - ._ _-- Advertisements. ; proceedings,and that,for such-1 tv . 'I purpose,he'may need to 1 -5 1 ensure that a verbatim record ! ca 1= /,��7 4 - of the proceedings is made, • 1 r--- rii "N I which record includes the I---._,_ i , O I .testimony and evidence upon ' !'xs C7 which,the appeal is to be I . c`.)::-'•;r".-' N -rl based: CJ C ' Sworn to and subscribed before me this - , -, - . 26th ,day of November, 2010. ADAASSISTANCE:Ifyouare I" •- "_ v • a person with a disability who C,:-T- V fT needs special , ` j - :> N) =C) .accommodations in order to. , , '"'7 O participate in these ; r:-r O . 0 N- c4L- T , \ proceedings,please contact j J l�J the County Administrator's Office,by phoning(305) • 0 • NOt .292-4441,between the hours 1 `- ao _1 ( O I.. ' of 8:30 a.m.-5:00 p.m.,no later.I than five(5)calendar days prior I No.7303200 to the scheduled meeting;if you. are hearing or voice impaired, i - I�ARSAR TTJ,WHISENHUNT i NOTICE OF INTENTION TO call"711". • 4,RYP�!6 ,CONSIDER ADOPTION OF. - •T MYEXPIR COMMISSION#DD881967 { ,COUNTY ORDINANCE DatedlatKeyWest,Florida,this ,y. EXPIRES:JUN.22,2013 p.� 17th day of November;2010; °r, Bondedthrough1stState Insurance NOTICE IS HEREBY GIVEN - I • ---- TO WHOM IT MAY CONCERN DANNY L.KOLHAGE,Clerk of I that on December 15,2010 at the Circuit Court-and ex officio ' . • IenNT/NIIFn/N raw NFYT nnI I/MNI IrnAiTINIIFn/AI TIIC MCAT nett/luAll i " • D/-Z/i �,, # TheReporter -� z• .o r� P.O. Box 1197 • Tavernier, Florida 33070-1197 (305)852-3216 Fax: (305)852-0199 i - ORDINANCES;AND i PROVIDING FOR AN . ,� EFFECTIVE DATE. PROOF OF PUBLICATION , Pursuant toSection286.0105, Florida Statutes,notice is given ' that if a person decided to • STATE OF FLORIDA • t appeal any decision made by ', y • the Board with respect to any COUNTY OF MONROE i matter considered at such. % ,1 ' - t ' hearings or meetings,he will Before the undersigned authoritypersonally . b need a record of the, g proceedings,and that,for such appeared DAVID HAWKINS who on oath, says purpose,he may,need to • ensure that a verbatim record. i that he is DEPUTY EDITOR of THE REPORTER, :. of the proceedings is made, . a weekly newspaper entitled to publish legal which.record includes the. advertising• published at Tavernier' .Monroe ',testimony'append al is > I „ -' • which the'appeal is to be County, . Florida: _that , attached copy ' of.,. _ . •based: ' _r• r • • advertisement, being LEGAL NOTICE, in said i - ADA ASSISTANCE:If you are 7 ` a person with a disability who newspaper in the issue of: - 12/3/10 • needs special . ''s accommodations in order to- ' participate in,this proceeding, • l please contact the County Affian REPORTER is a Administrator'sO t further says that THE Office, . • newspaper published at Tavernier, in said • phoning(305)292 4441, Monroe Coun , Florida, and that , between the hours of8:30a.m. ty, the said, I • -5:00 p.m.,no later than five(5) ' newspaper.. has heretofore been 'continuously' AD#7476400 . calendar days prior to the • . ublished'in``the said Monroe Coun scheduled meeting;if you are , p � Florida, :REMISED hearing or voice impaired,call , each week(on.Friday), and has been entered as • • 711. . , second class mail matter at the Post Office in` NOTICE OF INTENTION TO • i .CONSIDERADOPTION'OF Dated at Key West,Florida,this Tavernier,-in said County of Monroe, Florida, for, COUNTY ORDINANCE, I . 30thdayof November,2010. • a period of,one year next preceding the first NOTICE IS HEREBY GIVEN SEAL - publication. of the attached copy of'••TO,WHOMITMAYCONCERN ••, ' - D,ANNYL.KOLHAGE,Clerkof . advertisement; and affiant further says.that she; that on December 15,2010 at the Circuit Court. , • 3:00 P.M.,or as soon-thereafter • has neither paid nor promised any firm, person,j as may be heard,at the . end exofficioClerkoftheBoard or .'corporation. any ' discount' rebate,' Marathon Government • ' of County > Commissioners of Monroe commission . or refund for the purpose of; Center y,Mile Overseas r _ , bounty,Florida p p Highway,Mile Marker 50, y - ' securing this•advertisement'for publication in .•'Marathon,Monroe County, Florida;the Board of Courity , Published:12/03110 the said newspaper and.that`The Reporter is in r CommissionersofMonroe The Reporter full compliance with Chapter 50 of the Florida.' County,Florida,intends to • �__Tavernier,FL33070 . consider the adoption of the State: Statutes on --Legal and _Official following County ordinance: . - Advertisements. -.- , AN ORDINANCE BY THE 1 . . R l • • BOARD OF COUNTY ' • COMMISSIONERS OF • ' MONROOUE CNTY,'. ' FLORIDA AMENDING SECTIONS 26-1,26-96AND . r 26-98 OF THE MONROE ,. _ • Sworn to and subscribed before me this COUNTYCODE,FURTHER , 6th day of January, 2011. I RESTRICTING DIVING AND. _I - . I SNORKELING DURING . LOBSTER MINI-SEASON . . • 1, AND COMMERCIAL I LOBSTERSEASON;' • ; • PROVIDINGADEFINITION r FOR COMMERCIAL . I I LOBSTER SEASON; Notary. ; PROVIDING FOR • ' SEVERABILITY;PROVIDING • • 1 FOR THE REPEAL OF ALL . . ORDINANCES ' INCONSISTENT HEREWITH;- ' .. - • - • I PROVIDING FOR . , , . ' l INCORPORATION INTO THE• i.MONROECOUNTYCODEOF ;'I ' - to ti I KEYiDWESTriuEN STATE OF'FLORIDA r.. '21- i TMF/orlda kiwi Only Daily N•wepapor,Est.117B COUNTY OF MONROE Cooke Communications, LLC Florida Keys Before the undersigned authority personally appeared Randy G, Erickson, Key 1800" says who on oath that'heis Vice-President of OpKey Operation of the West KeyWest Fl 33041 I Office....305-292=7777 Citizen, a daily newspaper published in Key West,:in Monroe County, Extension x219 Florida;that the attached copy of advertisement,being a legal notice in the Fax 305-295-8025 . matter of Iegalsakevsnews,com .. , 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 d 4,1,4.x.,/re,(....." �//v Southernmost Flyer •Solares Hill ' Affiant further says that the.Key. West Citizen is a newspaper published in Big Pine Free Press Marathon Free Press - Key West, in said Monroe County, Florida and that the said newspaper has Islamorada Free Press heretofore been continuously published in_said Monroe County, Florida every Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key MARKETING SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding. Commercial Printing . Citizen Locals Card the first publication of the attached copy of advertisement; and affiant.further Direct Mail- , . says that he has neither paid nor promised any person, firm or corporation any FLORIDA KEYS OFFICES discount, rebate, commission' or refund tor :the purpose ''of 1 securing this Printing a main Facility advertisement for publication in the said newspaper. • 3420 Northside Drive_ Key West, FL 33040-1800 ;'Tel 305-292-7777 Fax 305-294-0768 . citizenakevwest:com Signature of Affiant Internet Division 33040-3328 Tel Fax305-292-1880 • Sworn and subscribed before me.this,_'5 . day of ,2f02,4 2010 sales@keywest.com �• - -- Middle Keys Office ' •;^^ �r�_._•--�..,.� Not Public: ,pKY•.. M1ARSHA F.t IRKWOc D 6363 Overseas Hwy ' {; I I } . Marathon, FL (MM 52.5) _� yye�a MY CO,ti1p,,ISSIOtt�isDD8SL6"O.1':qf" 33050-3342 " 2 E;;PIREti:Saptemher 15,2013 Marsha F. K1rkWOOd. Brn ued Thru.Piotary Public Undanvri ers Tel .305-743-8766 J Y,,,�t;g. Fax 305=743-9977 . � •f� �`,.-,- ;. ;�" marathon(a kevsnews.com '� J Upper Keys Office 91731-Overseas Hwy . Expires: September 15,201.3 . Notary Seal Tavernier,FL 33070 Tel 305-853-7277 Fax305-853-.0556 freepress@floridakeys.com Personally Known x Produced Identification Type of Identification Produeed. • REVISED - NOTICE OF INTENTION • TO CONSIDER ADOPTION OF • COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on December 15, 2010 at 3:00 ' P.M., or as soon thereafter as may be heard, at the Marathon Government Center,2798 Overseas Highway, Mile Marker 50, Marathon, Monroe County, ' Florida, .the Board of County • Commissioners of Monroe County, Florida, intends to consider the adoption of the following County • ordinance: : , AN ORDINANCE BY THE BOARD OF COUNTY -COMMISSIONERS OF MONROE COUNTY,FLORIDA•AMENDING SECTIONS 26-1,26-96 AND 26-98 OF THE MONROE COUNTY CODE,FURTHER RESTRICTING DIVING AND SNORKELING DURING LOBSTER MINI-SEASON AND ' .COMMERCIAL LOBSTER • SEASON;PROVIDING A . . DEFINITION FOR:•. ' "COMMERCIAL LOBSTER SEASOW";PROVIDING FOR , SEVERABILITY;PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT , HEREWITH;PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF' ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. 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 need a record of the proceedings,and that,for such - i purpose, he may need to ensure that a verbatim record of the proceedings is made, which r e c o r d ' includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, 1 please contact the County Administrator's Office, by phoning\ • (305) 292-4441, between the hours of 8:30 am.--5:00 p.m., no • later than five (5)-calendar days prior to the scheduled meeting;if you are hearing or voice impaired, call"711". Dated at Key West; Florida, this 30th day of November,2010. , • DANNY L.KOLHAGE, - ' r Clerk of the Circuit Court • and ex officio. Clerk of the Board of County • Commissioners of Monroe County,Florida - December 3,2010 • i, KEYfCWEST - O'V r 4 STATE OF FLORIDA Oe Ij. ' 3 Tl»Fbrlda Keys Only Daley thsyspaps,Est 187E COUNTY OF MONROE Cooke Communications,LLC Florida Keys Before the,undersigned authority personally appeared Randy G. Erickson, PO.Box 1800 I Key West Fl 33041 who on oath says that he is Vice-President of Operations of the Key West Office....305-292-7777 Citizen, a daily newspaper published in Key West,in Monroe County, Extension x219 Florida;that the attached copy of advertisement, being a legal notice in the. Fax 305-295-8025 matter of leoalsakevsnews,com 6 et)-6(Ad r _)0 INTERNET PUBLISHING keywest.com keysnews.com 7,11WYnts floridakeys.com key-west.com Web Design.Services .was published in said newspaper in the issue(s) of . ' NEWSPAPERS 77tJ)wfteA 1 Southernmost Flyer • Solares Hill Affiant further says that the Key.West Citizen is a newspaper published in Big Pine Free Press Marathon Free Press Key.West, in said Monroe County, :Florida and:that the said newspaper has lslamorada Free Press heretofore been continuously published in said Monroe County, Florida every' Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key . MARKETING SERVICES West, in said .Monroe. County, Florida, for a period of 1 year. next preceding Commercial Printing Citizen Locals Card the first publication of the attached copy of advertisement; and affiant further Direct Mail says that he has neither paid nor promised any person, firm or corporation any FLORIDA'KEYS.OFFICES discount, rebate, commission or refund for the purpose of securing Allis Printing I Main Facility advertisement for publication in the said newspaper. 3420 Northside Drive Key West, FL I _ - 33040-1800 ' OP�y� Tel 305-292-7777 f Fax Fax 305-294-0768 citizen@keywest.com 'Signature of Affiant Internet Division 33040-3328 Tel 305-292-1880 Sworn and subscribed before me this 2, day of Fax 305-294-1699 / , 201' 0. sales@keywest.com Middle Keys•Office Not Public: 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 I Tel 305-743-8766 Marsha F. Kirkwood l Fax 305=743-9977 marathonra)kevsnews.com Upper Keys Office 91731 Overseas Hwy • Expires:.September 15, 201.3 Notary Seal Tavernier, FL 33070 Tel;305-853-7277 Fax 305-853-0556 freepress@floridakeys.com Personally Known x Produced Identification" Type of Identification Produced • • • • County,Florida;intends to • the proceedings,and that,for such consider the adoption of the purpose, he may need to ensure • following County ordinanc-e: •. that a verbatim record of the- • proceedings 'is.,. made; which AN ORDINANCE BY THE r :e c o r d i BOARD OF COUNTY includes the testimony and ' COMMISSIONERS OF MONROE evidence upon which the appeal is • �" COUNTY,FLORIDA'AMENDING to be based. . SECTIONS 26-1,26-96 AND' 26-98 OF THE MONROE • ADA ASSISTANCE: If you are a COUNTY CODE,FURTHER . person with a'disability who needs• RESTRICTING DIVING AND special accommodations in order 1 SNORKELING DURING to participate'in this proceeding, LOBSTER MINI-SEASON AND 'please contact the County . COMMERCIAL LOBSTER Administrator's Office, by'Phoning SEASON;PROVIDING A • (305) •292-4441, between the • DEFINITION FOR. hours of 8:30 a.m. -5:00 p.m.,-no "COMMERCIAL'LOBSTER ' later than five (5) calendar days . SEASON";PROVIDING FOR prior.to,the scheduled meeting;if SEVERABILITY;PROVIDING you are hearing orvoice impaired, .1 • FOR THE REPEAL OF ALL call"711". 'NOTICE OF -ORDINANCES INCONSISTENT" . INTENTION TO CONSIDER ' HEREWITH;PROVIDING FOR Dated'at Key West,.Florida, this • •ADOPTION OF • INCORPORATION INTO THE 17th day of November,2010. = COUNTY ORDINANCE MONROE COUNTY CODE OF • ' ORDINANCES;AND PROVIDING NOTICE IS HEREBY GIVEN TO FOR AN EFFECTIVE DATE. ' ', DANNY L.KOLHAGE, WHOM' IT MAY'CONCERN that Clerk of the Circuit Court on December 15, 2010 at 3:00 Pursuant to Section 286.0105, and ex officio P.M., or as soon thereafter'as "Florida Statutes, notice is•given •Clerk of the Board of County may be heard, at the Murray.E. that if.a person decided to,appeal - Commissioners of Nelson , Government Center, any decision made by the Board ' ' Monroe County,Florida+' 102050 Overseas Highway, Mile with respect to any'hiatter November 28,2010 Marker 102, Key'Largo, Monroe •considered at such hearings, or ' County, .Florida, the Board of meetings, he will need a record of • County Commissioners of Monroe