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Ordinance 012-2013ORDINANCE NO. 012 — 2013 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, ARTICLE III, DIVISION 7, SEC. 2 -202; CLARIFYING THE ADOPTION OF PROCEDURES FOR EX -PARTE COMMUNICATIONS AS ALLOWED IN F.S. 286.0115; AMENDING THE BOCC ADMINISTRATIVE PROCEDURES TO CONFORM THEREWITH; 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, government in Florida is conducted in the sunshine pursuant to Chapter 286, Florida Statutes, thereby enabling the public to voice its opinions to local elected public officials; and WHEREAS, subsequent to a court decision finding an ex -parte communication to create a rebuttable presumption of prejudice and sufficient, if not rebutted, to invalidate a quasi-judicial action taken by a county commission, the legislature enacted Florida Statute Sec. 286.0115; and WHEREAS, Florida Statute Sec. 286.0115 sets forth certain requirements regarding the access to local public officials in connection with subsequent quasi-judicial proceedings, particularly such hearings on local government land use matters; and WHEREAS, on November 17, 2010, the Board of County Commissioners passed and adopted Ordinance No. 035 -2010 (Ordinance) providing for quasi-judicial proceedings and related ex -pane communications and according to the agenda item summary intending to adopt the required language in Florida Statute Sec. 286.0115; and WHEREAS, the purpose of the Ordinance as stated in the agenda item was to adopt procedures which "will remove the presumption of prejudice that may arise from ex parte communications with county officials;" and WHEREAS, the Ordinance contained language calling into doubt whether certain procedures under the statute were actually adopted; and WHEREAS, with this amendment, the adherence to the prescribed procedures shall make clear that the county intended to remove the presumption of prejudice arising from ex parte communications with county officials by following the disclosure procedures in Florida Statute Sec. 286.0115(1); and WHEREAS, Florida Statute Sec. 286.0115 allows, but does not require, a county to adopt by ordinance or resolution the statutory requirements in order for those requirements to apply; and WHEREAS, the exact statutory language must be adopted to comply with the requirements removing the presumption of prejudice for ex -parte communications in quasi- judicial proceedings; Quasi - Judicial Proceedings and Ex Parte Communications 1 NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, that: SECTION 1. Monroe County Code, Chapter 2, Article III, Division 7 Section 2- 202(c)(1) is hereby amended to read: Section 2 -202. Quasi - Judicial Proceedings (c) Ex Parte Communications. (1) Generally Allowed. Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any local public official the merits of any matter on which action may be taken by any board or commission on which the local public official is a member. Adherence to the following procedures shall remove the presumption of prejudice arising from ex parte communications with local public officials. a. The substance of any ex parte communication with a local public official which relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. b. A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action, and such written communication shall be made a part of the record before final action on the matter. c. Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter. d. Disclosure made pursuant to subparagraphs (a), (b), and (c) must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication. This subsection does not subject local public officials to part III of chapter 112 for not complying with this paragraph. Quasi- Judicial Proceedings and Ex Parte Communications 2 A SECTION 2. INCLUSION IN THE BOCC ADMINISTRATIVE PROCEDURES. Procedures for ex parte communications enumerated herein and in Ordinance 035 -2010 shall be followed by the Board. The County Attorney is directed to amend the BOCC Administrative Procedures to incorporate the provisions contained herein and in Ordinance 035 -2010 regarding ex parte communications. SECTION 3. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. 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 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 THE CODE OF ORDINANCES. The provisions of Section 1 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State 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 20` day of March, 2013. Mayor George Neugent Yes Mayor Pro Tem Heather Carruthers Yes Commissioner Sylvia Murphy Yes Commissioner David Rice Yes Commbsioner Danny L. Kolhage Yes (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORID By /—''h 4 By ° B*puty Elerk Mayor George Neugent w g C) — COUNTY KFTORNEY AS TO FORM= CM � t� +z '� APFR O L' _ C= S M. GRIMSLEY AT ETA LINTTY Quasi - Judicial Proceedings and Ex Parte Communications • Ad#399743 THE J ..EP ORTER NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE P.O. Box 1197,Tavernier, F133070 NOTICE IS HEREBY GIVEN 92655 Overseas Hwy, Tavernier F133070 TO WHOM IT MAY Phone 305- 852-3216, Fax 305- 852-0199 CONCERN that on March 20, 2013 at 3:00 P.M.,or as soon thereafter as may be heard, at the Marathon Government PROOF OF PUBLICATION • Center,2798 Overseas Highway,Mile Marker 50, Marathon,Monroe County, STATE OF FLORIDA Florida, the Board of County Commissioners of Monroe COUNTY OF MONROE County,Florida, intends-to consider the adoption of the Before the undersigned authority personally appeared following County ordinance: WAYNE MARKHAM who on oath, says that he is AN ORDINANCE AMENDING PUBLISHER of the THE REPORTER, a weekly MONROE COUNTY CODE newspaper published in Tavernier, in Monroe CHAPTER 2, ARTICLE III, County, Florida: that the attached copy of DIVISION 7,SEC.2-202; CLARIFYING THE ADOP- advertisement was published in said newspaper in the TION OF PROCEDURES FOR issues of: (date(s)of publication) EX-PARTE y2 COMMUNICA- TIONS AS ALLOWED IN F.S. 6?/�_ // , /l 3 286.0115;AMENDING THE /�� J BOCC ADMINISTRATIVE PROCEDURES TO CON- FORM THEREWITH; PRO- VIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PROVIDING FOR INCORPO- Affiant further says that the said THE REPORTER is RATION INTO THE MONROE a newspaper published at Tavernier, in said Monroe COUNTY CODE OF ORDI- NANCES;AND PROVIDING County, Florida, and that the said newspaper has AN EFFECTIVE DATE. heretofore been continuously published in said Monrogoui . Florida, each week (on Friday) and Pursuant to Section 286.0105, Florida Statutes, notice is giv- has bee ntergd as a second class mail matter at the en that if a person decides to post o ineavernier,-in Monroe County, Florida, appeal any decision made by thfor a od € one year nextprecedingthe first mattere Board with respect such any l considered at publication or—the attached copy of advertisement. hearings or meetings,he will The afft fifl?'ter says,that he has neither paid nor need a record of the proceed- romise�- an erson;-=firm, or corporation anyInge,and that,for needsuoh nsu- p �p ,, rp pose,he may to ensure discount relle, conimiission or refund for the that a verbatim record of the :, , proceedings is made,which purpose_;of,securing,its advertisement for record includes the testimony publican he said nvspaper(s) and that The and evidence upon which the THE REPORTER is in full compliance with Chapter appeal is to be based. 50 of the Florida State Statutes on Legal and Official ADA ASSISTANCE:If you are a person with a disability Advertisements. who needs special accom- modations in order to partici- pate in.this proceeding, ZO --------- pleasecontact' the County Administrator's istratoror's Office,by Wayne Markh ,Publ' er phoning(305)292-4441, between the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting; if Sworn to and subscribed before me you are hearing or voice this 1 Day of 420 J 4 ,2013 impaired,call"711". (SEAL) Dated at Key West, Florida, 4( this 20th day of February, �� 2013. AMY HEAVILIN,Clerk of the Notary %' Circuit Court and ex officio- Clerk of the Board of County Commissioners of Monroe County,Florida (SEAL) r i'h, 4ti%!; BEVERLY TRAEGER : � Published March 1,2013 •. .*S MY COMMISSION#OD 969749 The Reporter ' -��;v EXPIRES:April 18,2014 Tavernier, FL 33070 ' % pf.ty Bonded Thru Notary Public Underwriters FLORIDA KEYS Ad#399723 NOTICE OF INTENTION TO Published Twice Weekly CONSIDER COUNTY ORDINANCEN OF Marathon, Monroe County, Florida NOTICE IS HEREBY GIVEN TO WHOM IT MAY PROOF OF PUBLICATION CONC2013aE300P.M.N that ,orasso n thereafter as may be heard, at the Marathon Government STATE OF FLORIDA Center,2798 Overseas Highway,Mile Marker 50, COUNTY OF MONROE Marathon,Monroe County, ned authorityperson- Florida, the Board of County Before the undersig ned Commissioners of Monroe ally appeared WAYNE MARKHAM who on County,Florida,intends to that he is PUBLISHER of the consider the adoption of the oath, says following County ordinance: FLORIDA KEYS KEYNOTER, a twice weeklynewspaper in Marathon AN ORDINANCE AMENDING publishedi MONROE COUNTY CODE in Monroe County, Florida: that the CHAPTER 2, ARTICLE III, attached copy of advertisement was DIVISION CLARIFYING THE ADOP- published in said newspaper in the issues TION OF PROCEDURES FOR EX-PARTE COMMUNICA- of: (date(s) of publication) TIONS AS ALLOWED IN F.S. 286.0115;AMENDING THE BOCC ADMINISTRATIVE ��/ �/� PROCEDURES TO CON- FORM THEREWITH;PRO- VIDING FOR THE REPEAL OF ALL ORDINANCES IN- _ N CONSISTENT HEREWITH; ,-- �[ r PROVIDING FOR INCORPO- Affiant fdikheo-says that the said FLORIDA RATION INTO THE MONROE KEYS KEYNOTR is a newspaper published COUNTY CODE OF ORDI- NANCES;AND PROVIDING at Marthon; in said Monroe County, AN EFFECTIVE DATE. Florida,_and :that the said newspaper has Pursuant to Section 286.0105, heretofore° b-n continuously published in Florida Statutes, notice is giv- said Mgrrroeounty, Florida, twice each en that if a person decides to appeal any decision made by week (on 1/1fanesday and Saturday) and the Board with respect to any has been entered as a second class mail matter considered at such hearings or meetings,he will matter at the post office in Marathon, in need a record of the proceed- Monroe County, Florida, for a period of i, ings,and that,for such pur- pose,he may need to ensure one year next preceding the first that a verbatim record of the publication of the attached copy of proceedings is made,which record includes the testimony advertisement. The affiant further says and evidence upon which the that he has neither paid nor promised any appeal is to be based. person, firm, or corporation any discount, ADA ASSISTANCE:If you rebate, commission or refund for the are a person with a disability who needs special accom- purpose of securing this advertisement for modations in order to partici- publication in the said newspaper(s) and pate in this proceeding, . ' please contact the County that The Florida Keys Keynoter is in full Administrator's Office,by compliance with Chapter 50 of the Florida phoning(305)292-4441, between the hours of 8:30 State Statutes on Legal and Official a.m.-5:00 p.m.,no later than Advertisements. five(5)calendar days prior to the scheduled meeting;if you are hearing or voice /60 impaired,call"711". ' Dated at Key West,Florida, Sworn to a sub ribed before me thisp27 D of , 2013 this 20th day of February, 2013. AMY HEAVILIN,Clerk of the (SEAL) Circuit Court and ex officio Clerk of the Board of County /J �- Commissioners of Monroe �( A County,Florida Notary • `!l� (SEAL) w... ••• BEVERLY TRAEGER Published February 27,2013 , ,, MY COMMISSION#DD 969749 Florida Keys Keynoter ''.t'„' ' Bonded EXPIRES:r NotaApril PubfBUnderwriters — —FLORIDA KEYS — Ad#399723 ii NOTICE OF INTENTION TO '., ' CONSIDER ADOPTION OF Published Twice Weekly 711 ED FOR RECORD COUNTY ORDINANCE Marathon, Monroe County, Florida NOTICE IS HEREBY GIVEN 20I3 MAR 18 AM 8: Olt TO WHOM IT MAY CONCERN that on March 20, 2013 at 3:00 P.M.,or as soon PROOF OF PUBLICATION thereafter as may be heard, at the Marathon Government - r? •Center,2798 Overseas STATE OF FLORIDA Highway,Mile Marker 50, Marathon,Monroe County, COUNTY OF MONROE .Florida, the Board of County Commissioners of Monroe Before the undersigned authority person- County, Florida, intends to ally appeared WAYNE MARKHAM who on fonsi er the g Countyadootio nonce oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice AN ORDINANCE AMENDING MONROE COUNTY CODE weekly newspaper published in Marathon, CHAPTER 2, ARTICLE III, DIVISION 7,SEC.2-202; In Monroe County, Florida: that the CLARIFYING THE ADOP- attached copy of advertisement was TION OF PROCEDURES FOR published in said newspaper in the issues TIONS AS ALLOWEDO NAF.S. of: (date(s) of publication) 286.0115;AMENDING THE BOCC ADMINISTRATIVE ,/,/ 01 7/ /3 PROCEDURES TO CON- FORM THEREWITH; PRO- VIDING FOR THEHE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PROVIDING FOR INCORPO- RATION INTO THE MONROE Affiant further says that the said FLORIDA COUNTY CODE OF ORDI- NANCES; KEYS KEYNOTER is a newspaper published AN EFFECTIVE DATE DING at Marathon, in said Monroe County, 105, Florida, and that the said newspaper has PursuantFlorida Statutes,to Section i e is giv- notice is giv- heretofore been continuously published in en that if a person decides to apealmade said Monroe County, Florida, twice each theBoaardwiithyc respect toanny. week (on Wednesday and Saturday) and matter considered at such has been entered as a second class mail hearings or meetings, he will need a record of the proceed- matter at the post office in Marathon, in ings,and that,for such pur- pose,Monroe County, Florida, for a period of he may need d nshee that a verbatim record of the one year next preceding the first proceedings is made,which recmony publication of the attached copyof and evidence includes the whitestch the and upon which the advertisement. The affiant further says appeal is to be based. that he has neither paid nor promised any ADA ASSISTANCE:If you person, firm, or corporation any discount, are a person with a disability rebate, commission or refund for the who needs specialccom- modations in order ar to partici- purpose of securing this advertisement for pate in this proceeding, !Abpublication in the said newspaper(s) and Admina is tt at sratoorr'' the s Office,Countyb Adn by that The Florida Keys Keynoter is in full phoning(305)292-4441, 30 compliance with Chapter 50 of the Florida betwe5 the hours later af r a.m.-5: t 00 p.m.,no l la than. State Statutes on Legal and Official five(5)calendar days prior to the scheduled meeting; if Advertisements. you are hearing or voice impaired,call"711". ,)r , ,______..__ Dated tath Key f Fe Florida, this 20tfi day of February,Sworn t �cjr�iibbeeAd before me2013. i %/�l/G 9 2013 AMY HEAVILIN,Clerk of the this l�j , , Circuit Court and ex officio (SEAL) Clerk of the Board of County Commissioners of Monroe County, Florida �L�- -) (SEAL) Notary I Published February 27,2013 --- - - Florida Keys Keynoter BEVERLY TRAEGER : ' MY COMMISSION#OD 969749 , IIN, ' •.,�..: EXPIRES:April 18,2014 4,of N0• Bonded Thru Notary Public Underwriters I • Ad#399743 THE REPORTER NOTICE OF INTENTION TO P O CONSIDER ADOPTION OF COUNTY ORDINANCE P.O. Box 1197,Tavernier, Fl 33070 NOTICE IS HEREBY GIVEN 92655 Overseas Hwy,Tavernier F1330VGL ED F 0 I, R E C O R Et TO WHOM IT MAY Phone 305- 852-3216,Fax 305- 852-0199 © CONCERN that on March 20, ©' ®� 2013 at 3:00 P.M.,or as soon 2013 MAR 18 AM thereafter as may be heard, at the Marathon Government PROOF OF PUBLICATION Center,2798Overseas Highway,Mile Marker 50, LLERK CIR.Cl. Marathon,Monroe County, STATE OF FLORIDA Florida, the Board of County M1M4RO� � !I�aj\l !._ Commissioners of Monroe COUNTY OF MONROE County, Florida,intends to consider the adoption of the Before the undersigned authority personally appeared following County ordinance: WAYNE MARKHAM who on oath, says that he is AN ORDINANCE AMENDING PUBLISHER of the THE REPORTER, a weekly MONROE COUNTY CODE newspaper published in Tavernier, in Monroe CHAPTER 2, ARTICLE III, County, Florida: that the attached copy of DIVISION 7,SEC.2-202; CLARIFYING THE ADOP- advertisement was published in said newspaper in the TION OF PROCEDURES FOR issues of: (date(s) of publication) EX-PARTE COMMUNICA- TIONS// �V/i� AS ALLOWED F.S. 286.0115;AMENDING THE BOCC ADMINISTRATIVE PROCEDURES TO CON- FORM THEREWITH; PRO- VIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; Affant further says that the said THE REPORTER is PROVIDINGFOR INCORPO- Affiant RATIONINTO NTO THE MONROE a newspaper published at Tavernier, in said Monroe COUNTY CODE OF ORDI- NANCES;AND PROV County, Florida, and that the said newspaper has AN EFFECTIVE DATE'DING heretofore been continuously published in said Pursuant to Section 286.0105, Monroe County, Florida, each week (on Friday) and Florida Statutes,notice is giv- has been entered as a second class mail matter at the en that if a person decides to post office in Tavernier, in Monroe County, Florida, appeal any decision made by the Board with respect to any for a period of one year next preceding the first matter considered at such publication of the attached copy of advertisement. hearings or meetings,he will need a record of the proceed- The affiant further says that he has neither paid nor ings,and that,for such pur- promised any person, firm, or corporation any pose,he may need to ensure discount, rebate, commission or refund for the that a verbatim record of the proceedings is made,which purpose of securing this advertisement for record includes the testimony publication in the said newspaper(s) and that The and evidence upon which the appeal is to be based. THE REPORTER is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official ADA ASSISTANCE: If you Advertisements, are a person with a disability who needs special accom- modations in order to partici- pate in this proceeding, please contact the County rf Administrator's Office,by phoning(305)292-4441, Wayne arkharliublic between the hours of 8:30 / a.m.-5:00 p.m.,no later than `, five(5)calendar days prior to the scheduled meeting; if Sworn to d subscribed efore me'' you are hearing or voice this /" Day of C ,2013 impaired,call"711". (SEAL) Dated at Key West,Florida, this 20th day of February, 2013. AMY HEAVILIN,Clerk of the N Circuit Court and ex Officio Clerk of the Board of County Commissioners of Monroe County,Florida `.. BEVERLY TpAEGER I ' 's. MY COMMISSION#DD 969749 (SEAL) _:a: 01*= EXPIRES:April 18,2014 Pub_^y.1.0, PublicBonded TMuNotary Unde e� ThelReporteished r aroh 1,2013 I','� Tavernier, FL 33070 CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 20,2013 at 3:00 P.M., or as soon thereafter as may be �,.:v^HI sT heard,at the Marathon T';1N STATE OF FLORIDA Government Center,2798 jJ� 1 Overseas Highway,Mile Marker COUNTY OF MONROE 50,Marathon,Monroe County, rations,,.mows, ;Est.1876 LLC Florida,the Board of County Commissioners of Monroe Before the undersigned authority personally appeared Tommy Todd, who on County, Florida,intends to consider the 41 oath says that he is Advertising Director of the Key West Citizen, a daily adoptiona of the following County newspaper in KeyWest, in Monroe County, that the ordinance: 7777published Florida;, 9 attached copy of advertisement, being a legal notice in the matter of AN ORDINANCE AMENDING i-8025 CHAPTER MONROE COUNTY CODE A 1 1 c i� TAjt� a,) -4 /� )Olt CHAPTER 2, ARTICLE III, VS,COril �tJ V (� �.}i /'f U Ul DIVISION 7,SEC.2-202; CLARIFYING THE ADOPTION 1 l l OF PRFOR EX-PA TEOCOMMUNICATIONS CEDURES IING 0 n v,t V J.I�AG,e - Q,V ,S t ` v i Ct A I PfLocoedivx AS ALLOWED IN F.S.286.0115; , AMENDING THE BOCC ADMINISTRATIVE was published in said newspaper in the issue(s) of PROCEDURES TO CONFORM THEREWITH;PROVIDING FOR `�THE REPEAL OF ALL �� �y.w } (... Li, z 0 13 . ORDINANCES INCONSISTENT / HEREWITH;PROVIDING FOR INCORPORATION INTO THE Affiant further says that the Key West Citizen is a newspaper published in MONROE COUNTY CODE OF KeyWest, in said Monroe County, Floridanewspaper ORDINANCES;AND ty, lorida and that the said news a er has PROVIDING heretofore been continuously published in said Monroe County, Florida every AN EFFECTIVE DATE. r • 5 day, and has been entered as second-class mail matter at the post office in Key Pursuant to Section 286.0105, • West, in said Monroe County, Florida, for a period of 1 year next preceding Florida Statutes,notice is given that if a person decides to appeal cEs the first publication of the attached copy of advertisement; and affiant further any decision made by the Board says that he has neither paid nor promised rson, firm or co oration any with respect to any matter considered at such hearings or discount, rebate, commission or refund for the pu of se ing this meetings,hedi will need a record of advertisement forpublication in the said newspaper the proceedings,and that,for 'ICES such ity purpose,he may need to ensure that a verbatim record of the proceedings is made,which �! record • includes the testimony and f Affiant evidence upon which the appeal is to be based. /' AOAAssisrA/vcE/fyou are a. Sworn and subscribed before me this Z Li day of ��OI1 )/1-7 , 2013 person with a disability who needs o �t special accommodations in order m tiii /plyAWN KA'A -4SK� to participate in this proceeding, Notary Public: RY P 6C p/ease contact the County Administrator's Office,by phoning , rztTATE OF FOORID41 �(305)292-4441,between the • . ....,. .i'Cbn#EE15.233 O hours ofB30a.m. -S.00p.m.,no � • ONCE19�e E fires 1/4/22316 later than five(5)calendar days , ) ,\ prior to the scheduled meeting,if rs' _, ' a you are hearing or voice i—. Zrnj impaired. Dawn Kawzinsky - -� o car'711"; Expires: 1/4/16 Notary Seal cam ED - Dated at Key West, Florida,this 20th day of February,2013. AMY HEAVILIN,Clerk of the Personally Known x Produced Identification Circuit Court and ex officio Clerk of Type of Identification Produced the Board of County Commissioners of Monroe County, Florida February 24,2013 • Ad#399743 THE J ..EP ORTER NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE P.O. Box 1197,Tavernier, F133070 NOTICE IS HEREBY GIVEN 92655 Overseas Hwy, Tavernier F133070 TO WHOM IT MAY Phone 305- 852-3216, Fax 305- 852-0199 CONCERN that on March 20, 2013 at 3:00 P.M.,or as soon thereafter as may be heard, at the Marathon Government PROOF OF PUBLICATION • Center,2798 Overseas Highway,Mile Marker 50, Marathon,Monroe County, STATE OF FLORIDA Florida, the Board of County Commissioners of Monroe COUNTY OF MONROE County,Florida, intends-to consider the adoption of the Before the undersigned authority personally appeared following County ordinance: WAYNE MARKHAM who on oath, says that he is AN ORDINANCE AMENDING PUBLISHER of the THE REPORTER, a weekly MONROE COUNTY CODE newspaper published in Tavernier, in Monroe CHAPTER 2, ARTICLE III, County, Florida: that the attached copy of DIVISION 7,SEC.2-202; CLARIFYING THE ADOP- advertisement was published in said newspaper in the TION OF PROCEDURES FOR issues of: (date(s)of publication) EX-PARTE y2 COMMUNICA- TIONS AS ALLOWED IN F.S. 6?/�_ // , /l 3 286.0115;AMENDING THE /�� J BOCC ADMINISTRATIVE PROCEDURES TO CON- FORM THEREWITH; PRO- VIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PROVIDING FOR INCORPO- Affiant further says that the said THE REPORTER is RATION INTO THE MONROE a newspaper published at Tavernier, in said Monroe COUNTY CODE OF ORDI- NANCES;AND PROVIDING County, Florida, and that the said newspaper has AN EFFECTIVE DATE. heretofore been continuously published in said Monrogoui . Florida, each week (on Friday) and Pursuant to Section 286.0105, Florida Statutes, notice is giv- has bee ntergd as a second class mail matter at the en that if a person decides to post o ineavernier,-in Monroe County, Florida, appeal any decision made by thfor a od € one year nextprecedingthe first mattere Board with respect such any l considered at publication or—the attached copy of advertisement. hearings or meetings,he will The afft fifl?'ter says,that he has neither paid nor need a record of the proceed- romise�- an erson;-=firm, or corporation anyInge,and that,for needsuoh nsu- p �p ,, rp pose,he may to ensure discount relle, conimiission or refund for the that a verbatim record of the :, , proceedings is made,which purpose_;of,securing,its advertisement for record includes the testimony publican he said nvspaper(s) and that The and evidence upon which the THE REPORTER is in full compliance with Chapter appeal is to be based. 50 of the Florida State Statutes on Legal and Official ADA ASSISTANCE:If you are a person with a disability Advertisements. who needs special accom- modations in order to partici- pate in.this proceeding, ZO --------- pleasecontact' the County Administrator's istratoror's Office,by Wayne Markh ,Publ' er phoning(305)292-4441, between the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting; if Sworn to and subscribed before me you are hearing or voice this 1 Day of 420 J 4 ,2013 impaired,call"711". (SEAL) Dated at Key West, Florida, 4( this 20th day of February, �� 2013. AMY HEAVILIN,Clerk of the Notary %' Circuit Court and ex officio- Clerk of the Board of County Commissioners of Monroe County,Florida (SEAL) r i'h, 4ti%!; BEVERLY TRAEGER : � Published March 1,2013 •. .*S MY COMMISSION#OD 969749 The Reporter ' -��;v EXPIRES:April 18,2014 Tavernier, FL 33070 ' % pf.ty Bonded Thru Notary Public Underwriters 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 t t'GOUIVTI -C U S ; • oM cu �oo'• C G U N O • '. ; •e ZgOF COUNT 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 - court.com April 12, 2013 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 POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -7145 FAX (305) 853 -7440 Via Certified Mail 70121010 0003 4990 5163 Enclosed please find a certified copy of Ordinance No. 012 -2013 amending Monroe County Code Chapter 2, Article III, Division 7, Sec. 2 -202, Quasi - Judicial Proceedings, clarifying that Monroe County, as allowed pursuant to F.S. 286.0115, is officially adopting by Ordinance the statutory requirements set forth in F.S. Sec. 286.0115(1)(c) removing the presumption of prejudice in quasi — judicial proceedings by disclosure of ex parte communications, as well as ensuring that the BOCC Administrative Procedures are amended to reflect the Monroe County Code. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on March 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: Pamela G. Hancock, D. C. cc: County Attorney via e-mail Municipal Code Corporation via e-mail File ryI ( Domestic O nly; a rq For delivery information visit our website at www.usps.com Ln O i f Er Postage $ m Certified Fee Return Receipt Fee Postmark C3 (Endorsement Required) SPA 1 S erM 201 Restricted Delivery Fee J O (Endorsement Required) iS r� O Total Postage 8 Fees vs � m Pro ra TI )r ru a"'° Administrative Code and Weekly r3 o Street - -- Gfa y RaIldPYf p{ or PO e!" rp, -.SOJAh.Z =aoUg}- Strset------------ - - - - -- arysrare, 1 ahassee, Florida 32399 -0250 RICK SCOTT Governor April 19, 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 letters dated April 12, 2013 and certified copies of Monroe County Ordinance Nos. 012 -2013, 014 -2013, and 015- 2013 which were filed in this office on April 18, 2013. Sincerely, et , 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.fl.us 3 o w n - Na _ CO C7 O Z4 c, - 3 R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us