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Ordinance 032-1999 Board of County Commissioners o 0:: <:) Co.> W a:: 0:: <:) LA- o LLJ -I i:;: ORDINANCE NO. 032..1999 In l.l.J <i AN ~QJ!'-IANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE ~O~FLORIDA, TO BE KNOWN AS THE MONROE COUNTY PRICE GOUGING ceR~CE; PROVIDING FOR GEOGRAPHIC APPLICABILITY; PROVIDING FOR """UT~Y; PROVIDING FOR PURPOSE; PROVIDING DEFINITIONS; PROVIDING ~O~:P-<<C:SHIBITIONS AGAINST PRICE GOUGING DURING A LOCALLY DECLARED ~M~CY; PROVIDING FOR ENFORCEMENT; PROVIDING FOR REPEAL OF 8l-A W5 I~ CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTr\7E DATE. WH EREAS, Chapter 125 of the Florida Statutes relating to County Government authorizes the Board of County Commissioners to enact ordinances to protect the health. safety and welfare of the residents of Monroe County; and WHEREAS. the probability exists for natural, technological, or other disasters to continue to occur in Monroe County; and WHEREAS. for example, in September and October of 1998. Hurricane Georges and Tropical Storm Mitch struck Monroe County with hurricane force wind and tornadoes. causing widespread devastation in Monroe County; and WHEREAS. Monroe County residents face the potential for the unilateral imposition of escalated. unconscionable. and exorbitant prices for consumer goods because of emergencies associated with disasters; and WHEREAS. such pricing activities and practices constitute an evil to be avoided. and are a threat to the health, safety, and welfare of the residents of Monroe County; and WHEREAS. in 1992. in the interests of consumer protection, the state of Florida enacted Sec. 501.160. F.S.. that prohibits price gouging during an emergency declared by the Governor; and WHEREAS, this same consumer protection law. at Sec. 501.160(6), F.S., provides that it shall not preempt the powers of local government to enact ordinances to restrict price gouging during a declared state of emergency; and WHEREAS, the Board of County Commissioners of Monroe County. Florida finds it necessary to protect the residents of Monroe County by prohibiting unscrupulous vendors or merchants from engaging in the unfair trade practice of taking advantage of the scarcity and desirability of consumer goods during a period of emergency by charging unconscionable prices; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. This ordinance is known as the "Monroe County Price Gouging Ordinance". The provisions of this ordinance are applicable in the unincorporated areas of Monroe County. Unless otherwise provided, nothing in this ordinance may be construed to relieve a person from compliance with applicable county or municipal regulations. Section 2. This ordinance is enacted under the authority of Chs 125, 252, and 501, F .S. Section 3. Purpose. The purpose of this ordinance is to set measures in place necessary to the protection of life and property, threatened because of natural, technological, or other disasters and emergencies. This ordinance is not intended to preempt or to restrict the application of other more restrictive ordinances of Monroe County already in effect. Neither is this ordinance intended to preempt or to preclude the application or enforcement of local emergency management measures already in effect, or which will be effective upon a declaration of emergency. This ordinance is not intended and may not be construed as imposing price controls upon lawful business activities in Monroe County, but rather prohibits the unfair and deceptive trade practice of price gouging during a locally declared emergency. Section 4. Definitions. a. Averaae Retail Price. The term "Average Retail Price" shall mean the average price at which similar merchandise was being sold during the thirty (30) days immediately preceding the declaration of a local emergency. b. Commission. The term "Commission" shall mean the Board of County Commissioners of Monroe County. c. Consumer Goods. The term "Consumer Goods" shall mean any article, product, merchandise, or commodity of any kind or class which is customarily produced or distributed for sale at retail for consumption by individuals or use by individuals, including but not limited to: food, 2 water, ice, clothing, lumber, hardware, chain saws, generators, home improvement materials, and fuel products. d. Emeraency. The term local emergency means anyone declared in Monroe County pursuant to Sec. 252.38, F.S. e. Enforcement Official. The term "Enforcement Official" shall mean al police or law enforcement officers, any code enforcement official. and any other appropriate municipal or county or state official. f. Fuel Product. The term "Fuel Product" shall mean home-heating oil. kerosene, propane, natural gas, diesel fuel. methanol. and gasoline. g. Unconscionable. The term "Unconscionable" means and is to be used in the sense that it is prima facie evidence that a price is unconscionable if: (i) The amount charged represents a gross disparity between the price of the commodity that is the subject of the offer or transaction and the average price at which that commodity was offered for rent or sale in the usual course of business during the 30 days immediately prior to a declaration of a local state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or national or international market trends; however, a mere price increase approved or authorized by a government agency, law, statute, or regulation is not unconscionable and is not a violation of this ordinance's prohibitions; or (iiJ The amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the trade area during the 30 days immediately prior to a local declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or national or international market trends; however, a mere price increase approved r authorized by a government agency, law, statute, or regulation is not unconscionable and is not a violation of this ordinance I s prohibitions. Section 6. Prohibitions against Price Gouging. 3 0.) Upon declaration of local emergency, and through the duration of such emergency, it is an unlawful method of competition and an unfair and deceptive trade act or practice for a person or his or her agency or employee doing business in Monroe County to charge an unconscionable price for any consumer goods. b.) This section does not prevent the seller of consumer goods from charging an amount in excess of the average retail price, if such higher price is in the direct result of. and limited to, any increased cost for the consumer goods from the manufacturer, distributor, or wholesaler to the seller. In such instances, only the actual cost increase per item from the manufacturer, distributor, or wholesaler may be added to the average retail price. c.) This section does not interfere with the authority of government to acquire and to distribute consumer goods, supplies, materials, and facilities, with or without compensation. d.) A price increase approved or authorized by a government agency, law, statute, or regulation is not a violation of this ordinance's prohibitions. Section 7. Enforcement. a.) Failure to comply with the requirements of Section 6 of this ordinance is a violation of this ordinance. It is the duty of all enforcement officials to assist in the enforcement of this ordinance. Violations of the provisions of this ordinance may be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed $500 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment pursuant to Section 125.69 (1), Florida Statutes. Each day of noncompliance is a separate volation. b.) Any other violation legal action, including but not limited to, prosecution before the County's code enforcement special master and requests for temporary and permanent injunctions to enforce the provisions of this ordinance. It is the purpose of this ordinance to provide additional cumulative and complementary remedies. Section 8. Repeal of Laws in Conflict. 4 All local laws and ordinances applying to the unincorporated area of Monroe County in conflict with any provisions of this ordinance are hereby repealed. Section 9. Severability. If any sentence, clause, or phrase of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 10. Incorporation in the County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 11. Effective Date. 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 that Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 11 t:.'h day of August ,1999. Mayor Wilhelmina G. Harvey Mayor Pro Tem Shirley Freeman ~i.---'-.' '. Commissioner George Neugent ,AI',\~.~,<,-_, Commissioner Nora Williams .: ~ - :~.. "',c: '. Commissioner Mary Kay Reich ~, ~ f~~\"~'\ . (~E;~ln ATT~~}T;, DA1JNY L. KOLHAGE, CLERK ?Ui~~e~~ yes yes yes yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . .... ~- By \.J::) . t> ~.J .JO/V' ,,-~,. -. ..;.... " - Mayor/Chairman ordgouging 5 11lannp I.. ltolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 August 31, 1999 CERTDUD MAIL RETURN RECEIPT REQUFSTED Mrs. Liz Cloud Florida Department of State Bureau. of Administrative Code and Laws The Elliot Bulldin& 401 South Monroe Street Tallah~, FI.323~0250 Dear Mrs. Cloud: Enclosed please rmd a certlfled copy of Ordinance No. 032-1999 to be known as the Monroe County Price Gouging Ordinance; Providing for geographic applicability; Providing for Authority; Providing for purpose; Providing for defmitions; Providing for prohibitions against price gouging during a locally declared emergency; and Providing for enforcement. I This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in fonnal session, on August 11, 1999. ""~.'lII.>:.,:,, ,o;'~~~.;.Y~~'".,.,.;"t\;,""',,.;A., '/... )-:',,-"; :,~, ;,.", I;~~.'; Mrs. Liz Cloud Auaust 31, 1999 Page 2 Please rile for record. Sincerely, Danny L. Kolbaae Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners Enclosure By: Isabel C. DeSant~ ! ..Jha..~ '-C. A1U~ Deputy Cler~ cc: Municipal Code Corporation Board of County Commissioners County Attorney County Adminiqrator Sheriff's Department File Eli.",,,, .' ,.,,~li' . Post Postage Certified Fee Z 426 785 022 LO 8l Return ,... Whom .~ Return R <( Date, & c:i Q TOTAL Pos CO M Postmark or Date . ~~ LL U) a.. ~.4.z../9", la your RETURN ADDRESS comp..... on the reverse aide? ~ !>> 6' ><~ ~ ~ CD !i! ... ... );: o 8: ~ m ~q >~ ~ JJ l'l CD <' 3- CD ':<; II ~ ~ 3 ~ !>> o o 3 (1) rn - ('S' :D (1) - c: .... :::::J JJ (1) (') (1) "6" - iJ ~ C .. ::I ::T - . 2. . '1J" .. I) .0- ..0 ;'mO r-~~ CD I\) 0 1\)1\)0 CD CD':: -01.... 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DD[iI 0 m 0 - 0' t'.l ~ (,QOii!CD _ ;- 1:..0 0 !:i a !D && CD-- ~g.1!!. ii1~~ :~!i. ~ fII "fII:T CD_ ~o S'~ fIICD a: ai" "':f ~CD :;. iii' DO JJ i!L m. a. ::3. CD !l ~ CD CD 0. CD. o fII !!. ~ ~. fi -< iil ~ ,"h8nk you for ualng Return Receipt ServIce. + DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Service!( Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Infonnation Services Division of Licensing MEMBER OF THE FLORIDA CABINET .HISTORIC PRESERVAtiON BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic SI. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa/Hillsborough County Preservation Board FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS RINGLlNG MUSEIIM OF ART September 3, 1999 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions 'of Section 125.66, Florida Statutes, this will acknowledge letters dated August 31, 1999 and September 1, 1999 and certified copies of Monroe County Ordinance Nos. 032-1999, 033-~999 and 035-1999, which were filed in this office on September 3, 1999. : Sincerely, ~~ Liz Cloud, Chief ~ Bureau of Administrative Code LC/mp 3: 0 \D ." 0 \D - z :t.. CI) r- ::0("')7: ,..., ,." o r- 2~ -0 CJ rrl- ~. -- . ." I n' r .,. on. 0 0 C-.-.. ;0 :z: :;;0 -,., ." . 0 ;0 --l ("') r-: :J: fT1 ;<-f~ ~ C"') ". > 0 r C') ,t- ;0 ~ . )> r<1 en CJ BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.statejl.us .'; .?_'~,"': ",., .'''~_:t!. . :'-~,."'~' '-;:'-~'.' i.,": tr' f:'~~:~),"'~:>,-~,:...~.,.",.;;-;"_:W~ji.:i:'i::;:":\ !;:..j.'~___~..._;:.,;._ • Customer Service �y�`H'q d; -M, � — v s _4.. U.S.POSTAG€ PC Box 22�.; mlr': i `� ,��: Tallahassee, F_ 323i6-2235 Y;sEP-9'991-r, ":. c _ (� r Ll METED Supplement 67 09/07l19`a9 1�'I- aas METER 1<i 4e have received the following material. Thank you for your assistance and cooperation. • Ordinance Nos, 032-1999, 033-1999 and 035-1999. 1-800-262-2633 (National) b" TO; Let ua put your minutes on computer for you.,. Ms. Isabel C. DeSantis tie can index, ;gage and convert to database. Deputy Clerk = **OSK US ABOUT LASERFICHE IMAGING SGFTWAPE"=�** Monroe County • , Put your Code and Minutes on the internat. 500 1lhitehead Street • See over 500 Codes at wuw.muni.code.coa Key West, FL 33040 , We can reprint copies of any section of the Code Call our Customer Service Department for costs. rat InIIi,,1hlli,ululflw'Ii, thhil,iltn,11Iiii i,ulli1,1 3420 Nor tllsictc Drive Key West Ff. 33040 Office 305-294 GG41 F;lX 30529.1 07G8 :'lIhl1sl1~d I);"h ....~\ \\\'sl. \lolllo,' ('011111\. F1<lrida 11040 STATE OF FLORIDA COUNTY OF MONROE Ikfclre the undersigned authority personally appeared Randy G Erickson, who on oath ,>a\,> Ihal he is director of the Adver1lsing Departmcl1l of the Key West Citizen. a daily newspaper published in Key West. in Monroe ('ounty. Florida. that the attached copy of ~l'Itse)t~- being a legal notice in th]l}natt~r of (7 . UW-----1L&'1-L.~ - r~-u~~--- ll\th~--:--- '__ _. -~-~- ----- C~~-T1_ ~;ii-~~sh~d~~-~id-l;e~~~p~~~~~~ i~ the i~;;~~;f--- "'_J~~--~~~ -~Qt 1'-t Lt-T------ ...-. ---- Afliant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe Count\'. Florida and that the said newspaper has heretofore been continuously published III said Monroe County. Flondaeach day (except Saturdays) and has been entered as second class mail matter at the post oflice ir. Key West, in said Monroe County, Florida, for a period of I year next preceeding the first publication of the attached copy of advertisement, and afliant 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 ftl Sworn and subscribed betore me this 3~ day of _, 1999 mIl - - tfJ1 Si,nature of Notary Public "."pires Oct I I, 2002 Personally Known Produced Identification I ype of I dent i fi cat ion Produced ~,,\\\llll """" ~\'\r:,\a.\ R. BrC/:"''i.. ~ c.,i\, ........ 0 ~ ~ ..~~\SSION it.. ~ ~ ",9~'......raI11, ~ ~'. ~ ..... .. v~" <:'"<2 .~.. ~ ~ol:tt"\oSeal ~ (I> ~ :: =*. .. ... .*= ~ ~o\ #CC782583 j ~~ '- /\- .~~ ~~.'. l; lIonded~~~..';:::~ ',z ;t- ^".~YFaln.ln~~.. ,.<( ~ '/ I"u"'........'" C)" ~ III/ otIC STr>.\V ~",,, "I""i,,"\\'\'~ ^NOTICE OF INTENTION TO;CON-..." SIDER ADOPTION OF COUNTY ORDINANCE NOTICE:• IS HEREBY GIVEN TO WHOM IT MAY CONCERN'that on Wednesday August 11, 1999 at 3:00 PM, at the Key Largo Library,;Trade- winds Shopping Center,,Key;Largo, Monroe, Florida.The Board of Coun- ty Commissioners of Monroe County intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF . MONROE COUNTY FLORIDA,TO BE KNOWN AS THE MONROE ' COUNTY PRICE GOUGING ORDI- NANCE:PROVIDING FOR GEO- GRAPHIC APPLICABILITY;PRO • - VIDING FOR AUTHORITY;PRO- VIDING FOR PURPOSE;PROVID- ING FOR DEFINITIONS,PROVID- ING FOR PROHIBITIONS AGAINST PRICE GOUGING DURING A LO- CALLY DECLARED EMERGENCY; PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT;PROVIDING FOR SEVERABILITY; AND PRO- 1 VIDING AN EFFECTIVE DATE. ' Pursuant to Section 286.0105, Flori- da 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 the hear- ing, he will need a record of the pro- - ceedings,and that for such purpose, he may need to ensure that a verba- tim record of the proceedings is , made,which record includes the evi- dence upon which the appeal is to ' be based. • Copies of the-above-referenced ordi-, ' nance are available for review at the various, public libraries in Monroe County,Florida. Dated at Key West, Florida,this 23rd ' day of June, 1999. DANNY L.KOLHAGE,Clerk of the Circuit Court and ex-officio Clerk of the Board of Cow,iy Commissioners of Monroe County,Florida. July 23rd&30th, 1999 AFL i tip.4. REyj i 2416600 - '- - _ EYPIOERf . -NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE • j. NOTICE IS HEREBY GIVEN TO WHOM IT.MAY CONCERN that Published Twice Weekly Wednesday,-August. 11, 1999, at 3:00 PM at the Key Marathon, County,Monroe Florida ' Largo, Library, Tradewinds ( Shopping Center, Key Largo, C Monroe County, Florida, the Board of-County Commission- .ers of Monroe County, Florida, PROOF OF PUBLICATION l¢¢ tion ofstheo following County or- dinance: AN ORDINANCE OF -THE STATE OF FLORIDA . BOARD OF S OF MO RCOMMIS- 1 N COUNTY OF MONROEVeCI, FLORID MONROE • EE KNOWY AD THE MON COUNTY PRICE GOUGING ORDINANCE; PROVIDING FOR GEOGRAPHIC . FOR Before the undersigned authority person- A THOR TY; PROVIDING i-FOR PURPOSE; PROVIDING allyappeared TOM SCHUMAKER who on DEFINITIONS;PROVIDING FOR pp PRICE PROHIBITIONS AGAINST -GOUGING DURING A • oath, says that he is PUBLISHER of the LOCALLY- DECLARED'EMER- FLORIDA KEYS KEYNOTER, a twice ' ' '`• II . •° •- - .-Continued on-the;7 --. .. weekly newspaper published in Marathon, ..,- Next Column, - —,- --I a in Monroe County, Florida: that the , FORCEMENT;PROVIDING FOR attached copy of advertisement was REPEAL OF LAWS.IN CON-I .FLICT; PROVIDING FOR SEV published in said newspaper in the issues ERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. of: (date(s) of publication) Pursuant to Section 286.0105, Florida Statutes,notice is given that if a person decides to ap- -peal any decision madeby the Board with respect to any mat- ter considered at the hearing,he will need a record of the pro- ceedings,and that,for such pur- pose, he may need" to ensure that a verbatim record of the tiiiii proceedings is made,which re- A ��� II (/'ant further says that the said FLORIDA cord includes the testimony and •evidence-upon which the appeal KEYS KEYNOTER is a newspaper published is to be based. - : - at Marathon, in the said Monroe County Copies'of the above-referenced / ordinance are available for re- Florida, and that the said newspaper has view at the various public librar- ies in Monroe County,Florida. heretofore been continuously published in Dated at Key West,Florida,this . 23rd day of July,1999. said Monroe County, Florida, twice each DANNYL.KOLHAGE, week (on Wednesday and Saturday) and Clerk of the Circuit Court and ex`officio Clerk of the Board has been entered as a second class mail of County Commissioners of Monroe County,Florida matter at the post office in Marathon, in PubliishJul,2a,3,,19ss. .. Monroe County, Florida, for a period of Florida Keys Keynoter - - one year next preceding the first publication of the attached copy of advertisement; and affiant further says X. tO —II that he has neither paid nor promised any zr- person, firm, or corporation any discount, Q��- rebate, commission or refund for the rn --�: — purpose of securing this advertisement f r c c-- •• ...� c) publication i e said ew aper(s). �� -n rri -n• > w ra yr. r�'t f' ..O` m Sworn o and subscribed bef re e this Day of , 1999 (SEAL) ,.ti'v•,,,a�s MARY LOU-Notary Public,Sta State Florida ,ja....„.. 1J ! •Qr My oomm.expires 8/14/00 . e Bonded By Service Ins. Notar '•' t•:• No.CC563377 I y,posundy Known ()Other I.D. Your Upper Keys Connection P.O. Box 1197. Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8240 STATEMENT OF PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DONNA STUITS, 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 copy of advertisement, being a LEGAL AD - NOTICE OF INTENTION in said newspaper in the issue of 8/5/99. Affiant further says that THE 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 he 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 newspaper. ~f/ili SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th day of August, A.D., 1999 .~ 1.:1 '^.lNRO., :) 30lJNOW ~ .~tl "am . )410 3~'lH,0)4 ., J.NN'VO "!l1 - ' a\1093~ }JQ;) Q3'I.:l MY COMMISSION EXPIRES: . ...'\1:.:....... MARY LOU SOLLBERGER /;'~~, ~ :..~. Notary Public, State of Florida f.{ ~. My comm. expires 8/14/00 ';.~ .: Bonded By Service Inll. or"" Qf: . 'I' A ;:'0. CC563377 ,,.,, ., Personally Known ( ) Othtt IJJ Page 62,:The;Reporter . ' - . 118-Legal Notices ' • J 1999. • / 1 • • Department ' Mon . 'aunty,Florida. '- Pu. -d:8-' ,_ ' 12/99 T eporter -rnier FL 33070' 4,., - ; -NOTICE OF INTENTION • TO CONSIDER ADOPTION OF - ' COUNTY ORDINANCE - ' NOTICE IS HEREBY ' ' ` `''` GIVEN TO WHOM IT . - MAY CONCERN that on Wednesday,August . 11,1999,at 3!00 PM at ' - the-Key Largo Library, " Tradwinds Shopping - - Center,Key Largo,Mon- • roe Couhty,Florida,the • . - - - Board of County Com- missioners of Monroe County,Florida,intends ' - to consider the adoption '' , - of the following Count or- ; • - dinance:-. • AN ORDINANCE OF ' THE BOARD OF COUN- • , TY COMMISSIONERS ' • c -OF MONROE COUNTY, • FLORIDA,TO BE KNOWN AS THE MON- .ROE COUNTY PRICE - .GOUGING ORDI- '� NANCE;PROVIDING - • - FOR GEOGRAPHIC AP- ' - •PLICABILITY;PROVID- ING FOR AUTHORITY; PROVIDING FOR PUR- . . POSE;PROVIDING- • . DEFINITIONS;PROVID- ' ING FOR PROHIBI-- TIONS AGAINST PRICE* GOUGING DURING A • LOCALLY DECLARED . • - • EMERGENCY;PRO- - . • VIDING F,OR EN- FORCEMENT;PROVID- i . ING FOR REPEAL OF . LAWS IN CONFLICT; _ • - — PROVIDING FOR SEV- Copies of the above-ref-- ERABILITY;AND PRO- erenced ordinance are ' VIDINGFORANEF- available for reviewat the• . • FECTIVE.DATE various public libraries in Monroe County,Florida. _Pursuant to Section 1 - - - . 286.01"05,,Florida Dated at Key-West,Flori-.' - Statutes,notice is given da,this 23rd day of July, • that if a person decided to, .. 1999. . - appeal any decision -- i made by the Board with DANNY L.KOLHAGE,• • -respect to any matterL -. - Clerk of the-Cirduit Court' - considered at such hear- ' and ex officio Clerk of the, ' - - ings or meetings,he will Board of County' - - need a record of the pro- Commissioners of ceedings,and that,for .: - • Monroe County,Florida:• such purpose,he may - • _ - -- - • • need to ensure that a ver- - Published:7/29&8/5/99 batim record of the pro-. The Reporter ' zceedings is made,which Tavernier;FL 33070 . •. • . - record includes the testi-. , — • - - - - - mony and evidence upon which the appeal is to be , based._ _ --------- - PORT.ER NoticE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY FILED FOR REC.~6~~~~~~Jton Wednesday, August 99 OCT 27 PH I., ....999, at 3:00 PM at It . lNikey Largo Library, Tradwinds Shopping DANN Y L. 1\ ULH,,~nter, Key Largo, Mon- elK CIR C. ""~ County, Flonda, the . ., ',_BpardofCountyCom- MONROE COUNT t. t'l.rlltisioners of Monroe County, Florida, intends to consider the adoption of the following Count or- dinance: TflE P.O. Box 1197. Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8240 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE AN ORDINANCE OF THE BOARD OF COUN- TY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO BE KNOWN AS THE MON- ROE COUNTY PRICE GOUGING ORDI- NANCE; PROVIDING FOR GEOGRAPHIC AP- PLICABILITY; PROVID- ING FOR AUTHORITY; PROVIDING FOR PUR- POSE; PROVIDING DEFINITIONS; PROVID- ING FOR PROHIBI- TIONS AGAINST PRICE GOUGING DURING A LOCALLY DECLARED EMERGENCY; PRO- VIDING FOR EN- FORCEMENT; PROVID- ING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEV- C:RABILlTY; AND PRO- VIDING FOR AN EF- FECTIVE DATE 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 copy of advertisement, being a LEGAL NOTICE in said newspaper in the issue of: July 29 & August, 5, 1999 Affiant further says that THE 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 he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Chapter 50 of the Florida State Statutes on al and Offi . ertisements. 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 hear- ings or meetings, he will need a record of the pro- ceedings, and that, for such purpose, he may need to ensure that a ver- batim record of the pro- ,ceedings is made, which record includes the testi- mony and evidence upon which the appeal is to be based. Copies of the above-ref- erenced ordinance are available for review at the vanous public libraries in Monroe County, Florida, Sworn to an scribed before me this 21 st Day of Oc ober, 1999 Dated at Key West, Flori- da, this 23rd day of July, 1999. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida ..,~...~ Anna M Hines *~ *My CommiSSion CC715804 '-'""t\"~' Expires March 31, 2002 ~J7!~ (SEAL) Notary Published: 7/29 & 8/5/99 The Reporter Tavernier, FL 33070