Ordinance 002-2013�
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 002 - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY CODE TO ESTABLISH SECTION 101 -6, OWNERSHIP
DISCLOSURES, CREATING A REGULATION PROVIDING THE
MINIMUM REQUIREMENTS FOR DISCLOSING OWNERSHIP
OF PROPERTY AS IT RELATES TO APPLICATIONS UNDER
THE LAND DEVELOPMENT CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, currently, there is not a regulation in the Land Development Code that addresses
ownership disclosures. The purpose of this new section is to provide the minimum requirements
for disclosing ownership of property as it relates to applications under the Land Development
Code. The intent is to disclose the identity of true parties in interest to the public, thereby
enabling the public to ascertain which parties will potentially benefit from the land use - related
applications; and
WHEREAS, during a regularly scheduled meeting held on August 28, 2012, the Monroe County
Development Review Committee reviewed the ordinance and recommended approval to the
Board of County Commissioners; and
WHEREAS, during a regularly scheduled public hearing held on November 14, 2012, the
Monroe County Planning Commission reviewed the ordinance and recommended approval to the
Board of County Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. The Monroe County Code shall be amended as follows:
Sec. 101 -6. Ownership Disclosures.
Page 1 of 3
(a) Purpose. The purpose of this section is to provide the minimum requirements for
disclosing ownership of property as it relates to certain applications required by this Land
Development Code.
(b) Intent. The intent is to disclose the identity of true parties in interest to the public, thereby
enabling the public to ascertain which parties will potentially benefit from land use -
related applications.
(c) Applicability.
(1) Disclosure provisions are required for future land use map amendments, land use
district (zoning) map amendments, overlay map amendments, developments of
regional impact, development agreements, plat approvals, major conditional use
permits and minor conditional use permits.
(2) Any person or entity holding real property in the form of a partnership, limited
partnership, corporation, assignment of interest, trust, option, assignment of
beneficial or contractual interest, or any form of representative capacity
whatsoever for others, except as otherwise provided in this section, shall, during
application submittal for the types of applications provided in subsection (1),
make a public disclosure, in writing, under oath, and subject to the penalties
prescribed for perjury. In the case of a trust, the four largest beneficiaries must
also sign the affidavit.
(3) This written disclosure shall be made to the planning director at the time of
application. The disclosure information shall include the name and address of
every person having a beneficial or contractual interest in the real property,
however small or minimal. All evidence submitted shall be subject to the planning
director's satisfaction, and said satisfaction shall be liberally interpreted in favor
of the county's interest.
(4) The planning and environmental resources department's applications shall notice
applicants to make disclosures required under this section. When a required
disclosure is not provided, the application may be found incomplete by the
planning director.
(5) Exemptions to the requirements of this section include the beneficial interest
which is represented by stock in corporations registered with the federal securities
exchange commission or in corporations registered pursuant to Chapter 517,
Florida Statutes, whose stock is for sale to the general public.
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Page 2 of 3
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 4. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a notice is issued by the Florida State Land Planning Agency or
Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe 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 marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any applicable application submitted after the effective date.
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
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS OF
MO NRO COUNTY, FLORIDA_
BY: W; �' et/
Mayor George Neugent
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Attest: Amy Heavilin, Clerk - -�
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COUNTY ATTORNEY y. h
A P E OVED AS TO FORM M
Deputy Clerk Date: x A, 21 CD
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Page 3 of 3
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
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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
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ahassee, Florida
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Program Administrator
Administrative Code and Weekly
R.A. Gray Building
;00 South Bronough Street 3. =MaWIII133
Ilahassee, Florida 32399 -0250 ail
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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