Ordinance 026-1998
Board of County Commissioners
ORDINANCE NO
026
- 1998
AN ORDINANCE ESTABLISHING THE GROUNDS UPON WHICH A MOTION FOR
DISQUALIFICATION OF A MONROE COUNTY SPECIAL MASTER OR HEARING
OFFICER SHAll BE BASED AND THE CRITERIA TO BE USED IN RULING ON SUCH
MOTION; PROVIDING FOR APPEllATE REVIEW OF AN ORDER DENYING A
MOTION FOR DISQUALIFICATION TO THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY; 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
:r 0 '-0 .."
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WHEREAS, the Monroe County Code provides for the appointmen~of ~atb , cm:te
;:;"'("')-.; n I f"l'1
rrl r- :::; --f' 0
enforcement special masters and vested rights hearing officers; and ("') :X,.: f 1 ( .."
0(""). en. 0
c- :::0
WHEREAS, it is understood that a party may desire to move to disqualify ci$:>~~1 ~st~or
:< :-i:::C f"l'1
hearing officer assigned to a case on the grounds of bias or prejudice; and ;2' ~ ~ g
1> rr1 N ~
WHEREAS, in the interest of fairness and judicial economy uniform procedures are needed to
address such motions for disqualification; and
WHEREAS, by its express terms, rule 2.160 of the Florida Rules of Judicial Administration applies
only to the disqualification of county and circuit judges; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
that:
Section 1.
Form of Motion for Disaualification; Filina; Grounds upon which motion to be
based.
A motion for disqualification shall be in writing and sworn to by the party signing the motion
under oath. The motion shall be filed at or before the first scheduled hearing of the case before the
special master or hearing officer and shall show:
(a) that the party fears that he or she will not receive a fair hearing because of the
specifically described prejudice or bias of the special master or hearing officer; or
(b) that the special master or hearing officer before whom the case is pending, or some
person related to said special master or hearing officer by consanguinity or affinity within the third
degree, is a party thereto or is interested in the result thereof, or that said special master or hearing
degree, or that said special master or hearing officer is a material witness for or against one of the
parties to the cause.
Section 2.
Criteria to be considered bv special master or hearing officer in ruling on
motion.
Upon review of the motion for disqualification, if the special master or hearing officer
determines that said motion is legally insufficient, he or she shall immediately deny the motion.
However, if after reviewing the motion for disqualification the special master or hearing officer finds
the motion to be legally sufficient, he or she, accepting the allegations contained in the motion as
true, shall grant the motion for disqualification and transfer the matter to an alternate special master
or hearing officer if either:
(a) an objective, disinterested lay observer fully informed of the facts underlying the
grounds on which disqualification is sought would entertain a significant doubt about the special
master or hearing officer's impartiality as it pertains to the party; or
(b) the alleged facts give rise to a well-founded appearance of impropriety.
Section 3.
When prior disputes not to be considered.
Prior disputes or animosity between the special master or hearing officer and counsel for the
party seeking disqualification shall not constitute a basis for disqualification if counsel is retained after
the matter is referred to the special master or hearing officer.
Section 4.
Appeals.
An aggrieved party may appeal an order denying a motion for disqualification to the Board
of County Commissioners of Monroe County. Such an appeal shall not be a hearing de novo but
shall be limited to appellate review of the record created before the special master or hearing
officer. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed.
Section 5.
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 6.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 7.
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.
Section 8.
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 Monroe County, Florida, at a
regular meeting of said Board held on the ....9..th.... day of
Sep"tpmhpr
,1998.
Mayor Jack London
Commissioner Keith Douglass
Commissioner Shirley Freeman
'. ..' i ~issio.. ner Wilhelmina Harvey
'~.r1I~~~. ib..' ner Mary Kay Reich
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Attest~ ~ __}~KOLHAGE, Clerk
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B~Lc, /!la;0a,nt~
Deputy Clerk ./
yes
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BOARD OF COUNTY COMMISSIONERS
OF MON E COUNTY, FLORIDA
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BRA cH OFFICE
88820 OVERSE HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (305) 852-7145
FAX (305) 852-7146
Jaannp 1... !tolbagt
BRANCH OFFICE
3117 OVERSEAS ffiGHWA Y
MARAmON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNlY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
October 6, 1998
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No.
026-1998 establishing the grounds upon which a Motion for I
Disqualification of a Monroe County Special Master orJearing
Officer shall be based and the criteria to be used in uling.on
such motion; Providing for appellate review of an Orde Denying a
Motion for Disqualification to the Board of County Co issioners
of Monroe County; 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 in formal session on
September 9, 1998. Please file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
J~ e<_&-f (). ~JJcvn~:Ul
, Deputy Clerk
cc:
Municipal Code Corporation,
Board of County Commissioners
County Administrator
County Attorney
Growth Management Dir.
Community Services Dir.
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DIVISIONS Qt' FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of CulruraI Affairs
Division of Elections
Division of Historical Resources .
Division of Ubnry and Information Services
Divisioo of LicalsiDJ
MEMBER OF THE FLORIDA CABINET
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: ISTORIC PRESERtATION BOARDS
Historic Florida IfeY' Prel<<vation Board
Hi 'c Palm Beach ColmIt Praervation Board
Historic Pensaco1. Praervation Board
Historic SI. Augustin!: Prl:servation Board
Historic TalJahassee Preservation Board
Historic TampalHiIlsborough County
, Preservation Board
RlNGLING MUSEUM OF ART
October 12, 1998
Honorable Danny 1.. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
your five letters dated October 6, 1998 and certified copy each of Monroe County
Ordinance No. 98-25, 98-26, 98-27, 98-28, and 98-29, which were filed in this office
on October 12, 1998.
Sincerely,
Li~e~
Bureau of Administrative Code
LClmw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-842
FAX' (850) 488.7869 . WWW Adilles" hUp"Iwww'~~" · E-M,;!, elec""r""'il~.~'S"frw
KUNICIPAl CODE CORPORATIOH
Custoler Services
PO Box 2235
iallahassee, Fl 32316-2235'
Suppl elent ,66
10122198
We hive receIved the ioljo~ing laterlal.
Thank jou ior your assistance and cooperati~n.
Ordinance Nos. U2~-199B, 02&-ljj~r l~i-19~D.
028-1998 and 019-193a.
1-800-262-2~33 INatlonal) [~J
3E:nd your ordinances to orc:;:<:"'~l j .munlCO!:iI'..(.:1;
Jisit our hOle page at http://www.~unicodp.co.
LOOkING fOR A SFHIFIC OIiDINANt.ti WE CAN HElP'
ASk OuR SAMPLE ORDINANCE DEPARTMENT FOR INFO
lJeed adOltlonal copies ot }iNr ~r.nlng or (rlint!'r)
~e can print copi~s of any 5!'ctlJn of the Code.
Call our Custoler ServIce DEpartaent f0T rosts.
(~\'
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500 ~nltenead Street
K!?y west, f'l 33040
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ST A TE OF FLORIDA g~~ 0'\ g
COUNTY OF MONROE ~~.~ :i ~
~ ...........-
Before the undersigned 4uthority personally appeared Randy G. Erickson, who ~fB~h ~s tQt
he is Advertising Director of the Key West Citizen, a daily newspaper published~t ~ \!ist ~
Monroe County, Florida, that the attached copy of the advertisement, being a legal notice in the
matter of
Published Daily
Key West, Monroe County, Florida 33040
af
~/V1[JVlI{Jj../ /
fYJo1leJ'tV
~
V/f
Court, was published in said newspaper in the issues of
I l Cfct
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, each day (except Saturdays and specified holidays) and has been
entered as second-class mail matter a the post office in Key West, in said Monroe County,
Florida, for a period of 1 year neXl 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 newspaper ~
Signature of Affiant
Sworn and subscribed before me this I d-day of ~, 1998
-1~[urai rUbl~'
Notary Seal
ExpIres September J 7th 2000
Personally ~nown -X_ Produced Identification
Type of Identificatiol Produced
"",~~.I~""
. ~"",,,",'i''''' Ter"~a Gayle DarIl
l.~~.,.t{. - ng
;:: i.~ MY COMMISSION # CC585942 EXPIRES
.1.i:,....i~'. September 17. 2000
",9r.,~~,~'\ BONDED THAU TROY FAIN INSURANCE,INC.
__I .---
NOTICE OF INTENTION TO CON-
SJDEA ADOPTtON OF COUNTY
Ne>tiCE ~_E GIVEN TO
WHdM IT MAY CONCE~ that .on
. Wednesday, Sept9f{lber 9. 1998, at
10:00 AM at the Marathon Govern-
ment Center, 2798 .overseas-High-
way, Marathon, Monroe County,
Florida, the Board of County Com-
missioners of MOJ'lroe County, Flor-
. ida. .intends to consider the adoption
of the following County ordinance: .
AN ORDNANCE ESTABLISHING
THE. GR.oUNO~ UPON WHICH A
MOTION 'POf\OISQUALlFICAT.lON'
OF' A MONROE COUNTY SPECIAL
MASTER OR HEARING OFfiCER
SHALL BE BASED AND THE CRI-
TERIA TO BE USED IN RULING .oN
SUCH MOTION; PROVIDING FOR
APPELLATE REVIEW OF, AN OR-
DER . DENYING .. Ii;. . MOTION FOR
DISQUALIFICATION TO THE
BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY;
PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL Of
.oRDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR IN-
CLUSION IN THE CODE .oF QRDI-
NANCES;PRQVIOING FOR AN EF-
FE~TIVE DATE.
, Pursuant to Section 286.0105, Flor-
ida Statutes,. notice is given that if a
person decides to appeal any deci-
sion made by the Board with respect
to any matter considered at such
hearings or rneetings, he wlU /:Ieeda
record of the proceedings, andttlat,
for such purPOSe, he'may need to en-
sure that a verl?atim .record of the
proceedings' is made, which record:
includes the testimony and evidence
upon which the appeal is to be
based.
/ Copies of the above-referenced ordi-
nance areavaihilble for review at the
various public libraries in Monroe
County, Florida. ..,
DATED atKey West, this 17th day of
August, 1998.
DANNY L. KQLHAGE
Clerk of the Circuit Court and ex offi-
. cio Clerk of the Board of County
Commissloners of Monroe County,
Florida
Aualm 17..,.21..1-
7~
Serving the Florida Keys
P.O. Box 1197 · Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249
STATEMENT OF PROOF OF PUBLICATION
USPS #905580
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is
PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published
at Tavernier, Monroe County, Florida: that the attached copyof advertisement, being a legal ad.
NOTICE OF INTENTION TO CONSIDER, 8/20 & 8/27/98
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
~!J#
SEAL )
SWORN TO AND SUBSCRIBED BEFORE ME THIS 27TH DAY OF AUGUST. A.D., 1998
~~/? ~
NOTARY PUBLIC
MY COMMISSION EXPIRES:
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if" I)'"
"It OfFLa~.
DAVEE R DOVE
My(,,,,,,..,~~..
Expires Feb. 06. 1G8a
Bonded by ANB
800-852-5878
NOTICE Of IH'rENTION
TOCON,IKR ADOI'-
TION.Of (.'OUNTY
ORDINANCE
NOTICE IS HEREBY
GIVEN TO WHOM IT
MAY CONCERN that on
. Wednesday. September 9.
1998. at 10:00 AM at the
M!II'8thon Government
C!lnter. 2798 OYerseas
Highway; Marathon,
MQnroe County. Flori" the
poard ofCQuntyCommis-
siQners Qf Monroe County.
Florida, intends to Wnsider
the adoption of the
fol~owing County ordinance:
Copies of the 1boYc-
referenced onIiMItcC lie
available for review at the
various public libraries in
Monroe County. Florida.
Dated at Key West. Florida,
this 17th day of August,
. 1998.
AN ORDINANCE
ESTABLISHING THE
GROUNDS UPON WHICH
A MOTION FOR DlS-.
QUALIFICATION OF A
MONROE COUNTY
SPECIAL MASTER OR
HEARING OFFICER
SHALL BE BASED AND
THE CRITERIA TO BE
USED IN RULING ON
SUCH MOTION FOR .
DISQUALIFICATION TO
THE BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY;
PROVIDING FOR .
SEVERABILITY PROVID-
ING FOR THE REPEAL OF
ALL ORDINANCES .
INCONSISTENTHERE~
WITH; PROVIDING FOR
INCORP()RATIO$JNTO
THE MONROE CoUNTY
CODE OF~~N,CES;
AND.PROYlmN9'i\N
EFFEcTIVEWAre.'
DANNY L. KOLHAGE,
Clerk of the Circuit Court
and ex-officio Clerk of the
Board of County Cpmmis-
sioners of Monroe COllnty,
Florida
Published: 8/io & 8/27/98
The Reporter
Tavernier. FL
Pursuant to Seetiolt
286.0 lOS, Florida Statutes.
notice is giveuthlltih
person decided to appeal any
decisi.on m. by the Board
withrespel:tto any.matter
consfilered at suc:ll'fieilrings
or meetings, he will need to
ensure that a verbatim record
of the proceedi~ is m."
which record includes the';
testimony and evkleace .!'
upon whi<:h die..... i".
be based,
. 'PROOF OF PUBLICATION tf i
-a.
THE FLORIDA KEYS KEYNOTER .
•
• Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
2, ,u3
o. as
STATE OF FLORIDA ) X r irrl
COUNTY OF MONROE) I.
_e
Tom' Schumaker
Before the undersigned authority personally appeared_� ___ L1 , • who ovMini,- s t he/she is
•
Publisher of the FLORIDA*KEYS KEYNOTER, a twice weekly newspaper tublf iedtgt ! RATHON,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention
To consider Adoption. of County=1Drdinance - Special Master in the
IN THE MATTER OF: ----
���_�� •
' Court was published in said newspaper in the issues of
• August 22, 29, 1998
- 0 no.824290 '
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper " ,NorlcINrI=NTIorvTo
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- iCUNSiDER ADOPTION.OFCOUNTY ORDINNCE-.
HEREBY GIVEN TO
paper has heretofore been continuously published in said MONROE COUN- '.NOTICE-IS.WHOM IT MAY CONCERN-that
on Wednesday, September 9,
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been • 1998at10:00AMat the Mara=
then Government-Center,2798
entered as second class mail matter at the post office in MARATHON, in Overseas Highway, Marathon,
.Monroe County, Florida, the
Board_uf Coun Commission-
said MONROE COUNTY, FLORIDA, for a period of one year next preceding ers-of,Monroe_. `CouJnty, Florida,
intends to consider the adop-
the first publication of the attached copy of advertisement; and affiant fur- lion of the following County or-
dinance:,. ,
ther says that he has neither paid nor promised any person, firm, or corpo- • ANG N OTHE RDINANCE
ESTA UPON
WHICH.A MOTION FOR DIS-
ration any discount, rebate, commission or refund for the purpose of secur- QUALIFICATION
OE TICOUNTYSPECIAL MAS-
ing this advertisement for publication in the said newspaper.(SEAL) TER. OR HEARING OFFICER
-SHALL BE BASED AND, THE.
CRITERIA TO BE USED IN RUL=
INGON SUCH MOTION;PRO
HIDING-FOR APPELUITE-RE-
s VIEW OF-AN ORDER DENYING
A;MOTION FOR DISOUALIFI-
CATION: TO THE BOARD OF
COUNTYCOMMISSIONERSOF
MONROE COUNTY{,'PROVID_
-ING FOR SEVERABILITY;PRa
VIDING-FOR THE REPEAL OF
.ALL ORDINANCES INCONSIS-
DOROTHY C.SH , TENT HEREWITH;PROVIDING I
pf F� FOR INCORPORATION -INTO
�? My Comm�7.1 5/2001 THE OF ORDINANCES;OCOUNTY
CODE
AND PRO
y; Uf 1A}'Y Bonded By Service Ins VIDING-AN EFFECTIVE DATE':.
L.::::,-.,
' 141.
No,CC6$8796
(seal) Pursuant to Section 286.0105,
Personally Known 1109iar I.D. Florida Statutes,notice is given
that if a person decided to ep-
•
peaI any decision made bythe
• • Board with respect to any mat-
•ter considered at the hearings or
SWORN TO AND SUBSCRIBED BEFORE ME THIS 31st meetings, re will need a record
of the proceedings,and that,for
such purpose, he may need to
ensure that a verbatim record of 1
- the proceedings Is made,which I
• record includes the testimony
and-evidence upon which the
DAY OF August A.D. 19 98 appeal is to be based.
Copies of the above-referenced
- ordinance are available for re-
- view et the various public librar-
ies in Monroe County,Florida.
Dated at Key West,Florida,this
_M__ 17th• .day of August,1998: _-
- DANNYLKOLHAGE,
• Clerk of the Circuit Court`
and ex officio Clerk'of the Board
• of.County Commissioners of
- - Monroe County,Florida
Publish August 22,29,1998.
.Florida Keys Keynoter,
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