Ordinance 001-2013ORDINANCE NO. 001 - 2013
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AMENDING SEC. 26 -1 TO INCLUDE
THE DEFINITION OF "COMMERCIAL LOBSTER SEASON"
INADVERTENTLY OMITTED FROM THE DEFINITIONS IN THIS
SECTION UPON ADOPTION OF ORDINANCE 002 -2011 ON 1/19/2011;
AMENDING SEC. 26 -96 TO PROVIDE FOR ENFORCEMENT OF THIS
SECTION IN INCORPORATED AND UNINCORPORATED MONROE
COUNTY, FLORIDA; DELETING SEC. 26 -98(c) TO REMOVE THE
SUNSET DATE OF AUGUST 31, 2012 TO CONTINUE THE
PROHIBITION AGAINST DIVING AND SNORKELING IN ANY
MANMADE WATER BODY OR MARINA, OR WITHIN 300 FT. OF AN
IMPROVED RESIDENTIAL OR COMMERCIAL SHORLINE,
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;
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 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 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 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, F.S. 125.01(1)(t) authorizes the Board of County Commissioners to adopt
ordinances to exercise its powers and Art. 8 § 1(f) of the Florida Constitution also provides non-
charter counties with the power to enact ordinances not inconsistent with general or special law;
and
WHEREAS, by adopting this Ordinance, the Board of County Commissioners does not
intend to regulate the taking or harvesting of spiny lobster and other marine life nor does the
Board intend to regulate vessel safety; and
WHEREAS, the Board of County Commissioners finds that a prohibition against diving
and snorkeling for 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 in manmade bodies of
water or within 300 feet of an improved residential or commercial shoreline does not intrude
1
upon the State of Florida 's jurisdiction over the taking or harvesting of spiny lobster and/or
other marine life and does not intrude upon the State's jurisdiction over vessel safety regulations;
and
WHEREAS, on December 15, 2010 the Board of County Commissioners adopted
Ordinance No. 038 -2010 to expand the prohibition against diving or snorkeling in any manmade
water body or marina, or within 300 ft. 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 with a sunset date of August 31,
2012; and
WHEREAS, the Board of County Commissioners intends to have uniformity among the
County and for this ordinance to be effective in incorporated and unincorporated Monroe County
to the extent that no conflict exist with a municipal ordinance pursuant to Art. VIII § 1(f) of the
Florida Constitution; and
WHEREAS, Ordinance No. 038 -2010 adopted by the Board on 12/10/2010 added a
definition of "Commercial Lobster Season" to Section 26 -1, Monroe County Code; however, the
definition for "Commercial Lobster Season" was inadvertently omitted from the definitions for
Sec. 26 -1 upon adoption of Ordinance No. 002 -2011 on 1/19/2011 and subsequently is not
presently included in Sec. 26 -1, Monroe County Code; and
WHEREAS, the definition of "manmade water body" is further clarified and "improved
residential and commercial shoreline" is also now defined herein to improve enforcement; and
WHEREAS, the Board of County Commissioners desires to continue the diving and
snorkeling prohibitions 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, as previously
set forth in Ordinance No. 038 -2012, and to provide enforcement throughout incorporated and
unincorporated Monroe County;
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 include the following
definition of "Commercial lobster season" which was to be included upon adoption of
Ordinance No. 038 -2010 on 12/10/2010 but was inadvertently omitted from the definitions in
this section upon adoption of Ordinance 002 -2011 on 1/19/2011 and to further clarify
"manmade water body" and add a definition for "improved residential or commercial
shoreline ":
Sec. 26 -1. Definitions.
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
2
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.
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" or "structures" 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.
Improved residential or commercial shoreline means a shoreline that has a building or structure
within 300 feet of the edge of a body of water.
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 protect and promote public health, safety and
welfare and 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 season. Such activities constitute a
public nuisance. This article shall be effective in both incorporated and unincorporated Monroe
County to the extent that no conflict exist with a municipal ordinance as provided in Art. VIII §
1(f) of the Florida Constitution.
SECTION 2. Sec. 26 -98, Monroe County Code is hereby amended, deleting Sec. 26- 98(c),
to read as follows:
Sec. 26 -98. Diving 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.
(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 his or her property to the center line of the canal or 100 ft. of open water.
SECTION 3. SEVERABILITY. 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 shall not affect its applicability to any other person, property or
circumstances.
SECTION 4. 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 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect as provided in Section
125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 16th day of January, 2013.
Mayor George Neugent, District 2 No
Mayor Pro Tem Heather Carruthers, District 3 Ye s
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Commissioner Danny Kolhage, District 1 Ye s
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Commissioner David Rice, District 4 Ye s
Commissioner Sylvia Murphy, District 5 Ye s
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(SEAL)
Attest: AMY HEAVILIN, Clerk
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
Mayor /Chairperson
MONROE COUNTY ATTORNEY
� p 1, APPROVED AS TO FORM
0 e ny� 00.1 An tl 0 l
CHRISTINE M. LIM ERT- BARROWS
ASSISTANT COUNTY ATTORNEY
4 Date I- 161A
THE REPORTER
P.O. Box 1197, Tavernier, F133070
92655 Overseas Hwy, Tavernier F133070
Phone 305- 852 -3216, Fax 305- 852 -0199
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared
WAYNE MARKHAM who on oath, says that he is
PUBLISHER of the THE REPORTER, a weekly
newspaper published in Tavernier, in Monroe
County, Florida: that the attached copy of
advertisement was published in said newspaper in the
issues of: (date(s) ofpublication)
Affiant further says that the said THE REPORTER is
a newspaper published at Tavernier, in said Monroe
County, Florida, and that the said newspaper has
heretofore been continuously published in said
Monroe County, Florida, each week (on Friday) and
has been entered as a second class mail matter at the
post office in Tavernier, 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, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and that The
THE REPORTER is in full compliance with Chapter
50 of the Florida State Statutes on Legal and Official
Advertisements.
/ 1 xl
Wayne MafkhamlFublisher
Sworn to and subscrib d
efore me
thi Day of
2013
(SEAL)
BEVERLY TRAEGER
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DANNY L 1 RFStMAQE; Clerk of
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Clerk of rd dfCounty'
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Commisaioher*W'Monroe
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Courdy, FiorldiC
'.PubIft6 ;*JoVembyr30, 2012
The Repbr6w,, , Y'
Tavernier, -Ft 33070
THE REPORTER
P.O. Box 1197, Tavernier, FI 33070
92655 Overseas Hwy, Tavernier Fl 33070
Phone 305- 852 -3216, Fax 305- 852 -0199
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared
WAYNE MARKHAM who on oath, says that he is
PUBLISHER of the THE REPORTER, a weekly
newspaper published in Tavernier, in Monroe
County, Florida: that the attached copy of
advertisement was published in said newspaper in the
issues of. (date(s) ofpublication)
Affiant further says that the said THE REPORTER is
a newspaper published at Tavernier, in said Monroe
County, Florida, and that the said newspaper has
heretofore been continuously published in said
Monroe County, Florida, each week (on Friday) and
has been entered as a second class mail matter at the
post office in Tavernier, 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, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and that The
THE REPORTER is in full compliance with Chapter
50 of the Florida State Statutes on Legal and Official
Ad# 291502
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COt)N lY ,•. ,
NOTICE IS�HEREbY GIVEN
TO WHOM tr MAY CON -
CERN that on Dec*rnWr•12;
2012 at 31 0 P.W., ores soon
th0nafW as'lnay bo heard,
atlie Marathon Govsrrrment
Center; 2798 Overseas
Hiyhvsay, We Marker 50;
Marathoa, V66roe- County;
Florida; the Board of County
Comn►issioners of Monroe:
County, Florlda to
consider the adoption, of the
following County ordinance:
AN ORDINANCE BY.T11
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BOARP.gf-CNTY ;
MI *N . COMM
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"COMMIrI G1�1L,tOSATER, .:
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EA 1�11 D_V.E . RE NT, Y
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28-96 TC 'PROVIDE FOR EN
FORCEI MT OF THIS SEC -
TtON IN N ' ORPORAT D"
ANk3, C(jRPORATEC`
TO REM" THE SUNSET
DATE.OF AUGUST 31, 20'12
TO CONTINW' "E PRO108-
rftj4.AQAIN8TDhlW AND
SNORKELING IN ANY MAN-
MADE WATER BODY OR -
MARINA, OR WITHIN 30WIFT.
OF AN:11111M HED RESIDEN-
TIAL:'ORtCO MAERCiAL,
SHORLINE,_BEGINNiN4.
ING THE ANTIRETY OF ;T116
LOBSTER MINI -WAS IN:' '
AND €OR THE VRS,,FJVI ,'
(5) DAYS OF DOlNIMEtAL
FOR THE RE-
pr c °NaoE
kl
Sworn to and subscribcci before me
this _30 Day of G 2012
(SEAL)
Notary
`r BEVERLY TRAEGER
MY COMMISSION # DD 969749
: .ZT.Z EXPIRES: April 1B, 2014
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Florida Statutes, notice is, gty-
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ADA ASSISTANCE, M you
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Dated at Key Vilest, Florida, . .
this206day of Novvrnw,
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2012.
DANNY t. -IKOLHA015, CIArk of
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the CirrxrlE Court and ez officio
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Clerkbf the bord of County
Commissiona'is 4-monitoe
Couri* FbYIO
Publlsha&November3 2012
The Reporter
Taveirner fL 30070 ; " �`
MONROE COUNTY COURTHOUSE
500 WHITEHEAD S'T'REET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289 -6025
OUNry `1
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140E COVN14 •f VO
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852 -7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the -cour .c m
January 29, 20 1
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Ms. Cloud,
ROTH BUILDING
50 HIGH POINF ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Via Certified Mail 7012 1010 0003 = 990 5088
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 001 -2013 amending Monroe County Code Section 26 -1, to reinsert the
definition for "Commercial Lobster Season" that was inadvertently omitted upon adoption of
Ordinance 002 -2011 on 1/19/2011; amending Section 26 -96 adding language to provide for
enforcement of this section in incorporated and unincorporated Monroe County to the extent that
no conflict exists with a municipal ordinance; and deleting Section 26 -98(c) to remove the sunset
date of 8/31/2012 to continue the prohibition against diving or snorkeling in any manmade water
body or marina, or within 300 ft. 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.
Ordinance No. 002 -2013 to establish Section 101 -6 of the Monroe County Code to create
regulation addressing and requiring ownership disclosures.
Ordinance No. 003 -2013 to amend Section 114 -67(c) of the Monroe County Code in
order to modify off - street parking requirements.
Ordinance No. 004 -2013 amending Section 130 -160 of the Monroe County Code,
Transferable Development Rights to revise the Land Development Regulations to be consistent
with the Comprehensive Plan and to clarify the application and approval process for the transfer
of a Transferable Development Right (TDR).
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on January 16, 2013. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Growth Management
County Attorney via e-mail
File
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX(305)295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289 -6027
FAX (305) 289 -6025
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316 -2235
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
January 29, 2013
Via E -Mail
To Whom It May Concern,
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
Attached is a copy of Ordinance No. 001 -2013 amending Monroe County Code Section
26 -1, to reinsert the definition for "Commercial Lobster Season" that was inadvertently omitted
upon adoption of Ordinance 002 -2011 on 1/19/2011; amending Section 26 -96 adding language
to provide for enforcement of this section in incorporated and unincorporated Monroe County to
the extent that no conflict exists with a municipal ordinance; and deleting Section 26 -98(c) to
remove the sunset date of 8/31/2012 to continue the prohibition against diving or snorkeling in
any manmade water body or marina, or within 300 ft. 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on January 16, 2013. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney via e-mail
File
GOUIJ TY
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�`�M C��OUE'.
P
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N
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COUNTY' Fy0�0
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
January 29, 2013
Via E -Mail
To Whom It May Concern,
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
Attached is a copy of Ordinance No. 001 -2013 amending Monroe County Code Section
26 -1, to reinsert the definition for "Commercial Lobster Season" that was inadvertently omitted
upon adoption of Ordinance 002 -2011 on 1/19/2011; amending Section 26 -96 adding language
to provide for enforcement of this section in incorporated and unincorporated Monroe County to
the extent that no conflict exists with a municipal ordinance; and deleting Section 26 -98(c) to
remove the sunset date of 8/31/2012 to continue the prohibition against diving or snorkeling in
any manmade water body or marina, or within 300 ft. 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on January 16, 2013. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney via e-mail
File
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°_PO Box No. a ,th_Brnnnuah Street
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ahassee, Florida
• 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:
A. Signature ❑ Agent
X DEPT. OF STATE ❑ Addressee
B. Received b �E ( B 1 7013 C. Date of Delivery
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
;00 South Bronough Street 3. =MaWIII133
Ilahassee, Florida 32399 -0250 ail
❑ ceipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7 012 1010 0003 4 9 9 0 5088
(Transfer from service laben
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Domestic Return Rec PS Form 3811, February 2004 °� ' '
FLO DEPARTM 0 STATE
RICK SCOTT
Governor
February 4, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated January 29, 2013 and certified copies of Monroe County Ordinance Nos. 001 -2013 through 004-
2013. which were filed in this office on February 1, 2013.
Sincerely,
M�
Liz Cloud
Program Administrator
LC /elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.R.us
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.R.us