Ordinance 008-2013ORDINANCE NO. 008 -2013
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA AMENDING MONROE COUNTY CODE
SECTION 12 -116; PROVIDING FOR THE MAYOR
TO IMPOSE A "LIGHTS OUT" RESTRICTION FOR
AREAS OF UNINCORPORATED 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
WHEREAS, At the January 16, 2013 BOCC meeting, the Board Approved the advertising of an
ordinance
WHEREAS, each year during Sea Turtle nesting season, many Sea Turtle hatchlings become
disoriented and adult females have false crawls due to bright/unshielded lighting along the US 1
corridor and other designated Sea Turtle nesting areas causing many Sea Turtles to attempt to
cross US for away from the adjacent waters; and
WHEREAS, at the October 17 2012 BOCC meeting, the Board passed Ordinance 035 -2012,
granting authority to the Mayor to limit lighting on Long Key during Sea Turtle nesting season;
and
WHEREAS, it is in the best interest of the environment and the species of the Florida Keys to
protect our Sea Turtle population by regulating exterior lighting along or near Sea Turtle nesting
areas in all of unincorporated Monroe County;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe
County, Florida:
SECTION 1 . Monroe County Code Sec. 12 -116 shall be amended to read as follows:
Sec. 12-116. — Standards for exterior artificial lighting.
(3) Upon written notification by the Code Compliance Director, the Mayor may impose an
annual "lights out" order to residents and property owners for lights in areas of
unincorporated Monroe County during the Sea Turtle nesting season from April 15` through
October 31 The "lights out" order shall indicate the importance of sea turtle nesting and
shall direct residents and property owners to turn their lights out between the hours of dusk
until dawn. Further, the mayor may request utility companies to shield or turn off lights in
designated areas for the same purpose.
SECTION 2: 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 person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 3: 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 4: INCLUSION IN CODE OF ORDINANCES. 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 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of State and shall be effective 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 of said Board held on the 20th day of Febraury, 2013.
Mayor George Neugent
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Mayor Pro Tem Heather Carruthers
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Commissioner Danny Kolhage
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Commissioner David Rice
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Commissioner Sylvia Murphy
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
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Deputy Clerk Mayor George Neugent
€diONROE COUNTY ATTORNEY
PPR VED AS TO FORM;
S N M. GRIM Y
ASSIST COUNTY ATTORNEY
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
b GOUAIrY
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the- court.com
March 11, 2013
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
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 70121010 0003 4990 5095
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 008 -2013 amending Monroe
County Code Section 12 -116, (Standards for exterior artificial lighting on Sea Turtle beaches) to
include all Sea Turtle nesting areas of unincorporated Monroe County.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on February 20, 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:
cc: Growth Management via e-mail
County Attorney via e-mail
Municipal Code Corporation via e-mail
BOCC via e-mail
File
Pamela G. Hancock, D.C.
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item 4 if Restricted Delivery is desired.
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Program Administrator
Administrative Code and Weekly
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FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
March 18, 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 March 11, 2013 and certified copy of Monroe County Ordinance No. 008 -2013, which was filed in
this office on March 18, 2013.
Sincerely,
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Liz Cloud
Program Administrator N o
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 a Facsimile: (850) 488 -9879
www.dos.state.fl.us