Ordinance 024-2013ORDINANCE NO. 0 — 2013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA AMENDING SEC. 2 -59(a) AND (b)
AND CREATING SEC. 2 -59(d) OF THE MONROE COUNTY CODE
AUTHORIZING THE COUNTY ATTORNEY AND ASSISTANT
COUNTY ATTORNEYS TO ACCEPT SERVICE OF PROCESS ON
BEHALF OF THE COUNTY IN LIMITED CIRCUMSTANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to F.S. 48.111(1), service of process against a county shall be
served upon the Mayor; if absent, the Vice - Mayor; and, if both the Mayor and Vice -Mayor are
absent, any member of the commission; and
WHEREAS, Sec. 2- 179(a)(4) of the Monroe County Code authorizes the County
Attorney to represent the Board as the Board's County Attorney and, among other duties, shall
cause to be prosecuted and defended all causes of actions on behalf of the Board and the County;
and
WHEREAS, the Board has already authorized the County Attorney to immediately
defend any action against the County without first seeking Board approval under Sec. 2 -182; and
WHEREAS, the service of process triggers deadlines for responding to the summons and
complaint; and
WHEREAS, given the unique geography of Monroe County, acceptance of service by
the County Attorney shall expedite the County's ability to promptly respond to pending actions;
and
WHEREAS, F.S. 48.111(1) does not prohibit the Board from authorizing the County
Attorney to accept service on the County's behalf,
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Monroe County, Florida:
SECTION 1. Sec. 2 -59. Monroe County Code is hereby amended to add language to
(a) and (b) and creating (d), with no amendment to (c), to read
in its entirety as follows:
Sec. 2 -59. County employees accepting service of process on behalf of County or
other employees prohibited.
(a) Except as provided for in subsection (d), no county employee, shall
accept service of process on behalf of another county employee, the
county attorney, the county administrator, the clerk of the circuit courts, or
any county commissioner. Process includes, but is not limited to,
summons and complaints, trial subpoenas, and subpoenas for depositions.
Nothing in this section shall prohibit the county attorney from filing a
Ord Amend accept service of process Page 1 of 3
Sec 2 -59 MCC (KP)
responsive pleading motion, thereby waiving service of a summons and
complaint, in any case whenever the county, a member of the board of
county commissioners, or an executive employee in official capacity is
named as defendant.
(b) Except as provided for in subsection (d), no county employee, inclusive
of the county attorney, administrator, the clerk of the circuit courts, or any
county commissioner shall authorize any county employee to accept
service of process on behalf of another county employee, the county
administrator, the clerk of the circuit courts, or any county commissioner
as described in this section or in any other form.
(c) Any county employee, inclusive of the county administrator, the clerk of
the circuit courts or any county commissioner shall immediately make a
photocopy of any document served or attempted to be served upon that
employee. Unless such process is directed to the person served therewith,
acceptance of service shall be refused, and the original returned to the
party attempting service, the photocopied documents shall be forwarded
to the office of the county attorney forthwith noting thereon the time,
date and name of person upon whom service was attempted.
(d) The Board authorizes the county attorney and assistant county attorneys,
while physically present at the County Attorney's Office or any County
office building, to accept service of process on behalf of the County when
the County is a party named in an action in lieu of serving the Mayor, Vice
Mayor, or County Commissioner pursuant to F.S. 48.111(1). No other
county employee including the county administrator is authorized to
accept service on behalf of the County. Notwithstanding the foregoing,
service of process on the Mayor, Vice Mayor, or any commissioner
pursuant to F.S. 48.111 shall still constitute effective service.
SECTION 3. DELIVERY TO THE SHERIFF OF MONROE COUNTY. The Board of
County Commissioners, by and through the Clerk, shall deliver a copy of this Ordinance to the
Sheriff of Monroe County, Florida so that the proper procedures and changes may be
implemented.
SECTION 4. 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 a 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.
Ord Amend accept service of process Page 2 of 3
Sec 2 -59 MCC (KP)
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 19th day of June ' 2013.
Mayor Neugent
Mayor Pro Tem Carruthers
Commissioner Murphy
Commissioner Rice
Commissioner Kolhage
(SEAL)
Attest: AMY HEAVILIN, Clerk
By
D puty Clerk
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By �4 �•ua•
Mayor George Neugent
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MONROE �►' -
APPRO O F .
BERI B. 3AiLUNOER� JR.
Ord Amend accept service of process
Sec 2 -59 MCC (KP)
Page 3 of 3
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NOTICE OF INTENTION TO OrdCRcw c-e. 0 ZU- 2013
CONSIDER ADOPTION OF
COUNTY ORDI!,'WCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on June 19,2013 at 3:00 P.M.,or ZEN STATE OF FLORIDA
as soon thereafter as may be
heard,at the Marathon COUNTY OF MONROE
Government Center,2798 w.r.Est.1876
Overseas Highway,Mile Marker '' LLC
50,Marathon,Monroe County,
Florida,the Board of County Before the undersigned authority personally appeared Tommy Todd, who on
Commissioners of Monroe oath says that he is AdvertisingDirector of the KeyWest Citizen, a daily
Y
Florida, intends to consider the 7 newspaper published in Key West, in Monroe County, Florida; that the
adoptiona of the following County attached copyof advertisement, beinga legal notice in the matter of
ordinance: g
i AN ORDINANCE OF THE m
BOARD OF COUNTY rV U AA Ct.'t 4 Co PS J Je.(._ pr()D )--i OA)
COMMISSIONERS OF MONHot
COUNTY,FLORIDA AMENDING SEC.2-59(a)AND(b)AND 1/�/V CP_- �'I/�uk0((,t re Qpw.ki 41-10gAi7
CREATING SEC.2-59(d)OF
THE
MONROE COUNTY CODE was published in said newspaper in the issue(s) of
AUTHORIZING THE COUNTY
ATTORNEY D ASSISTANT n
COUNTY ATTORNEYS TO V N \ J) - ti ? 6 13
ACCEPT SERVICE OF /
PROCESS ON BEHALF OF THE
COUNTY IN LIMITED Affiant further says that the Key West Citizen is a newspaper published in
CIRCUMSTANCES,;R KeyWest, in said Monroe County, Florida and that the said newspaper has
PROVIDING
FOR SEVERABILITY; heretofore been continuously published in said Monroe County, Florida every
PROVIDING FORR DINANCES
RCESEAL day, and has been entered as second-class mail matter at thepost office in Key
ALL ORDINANCES
INCONSISTENT HEREWITH; West, in said Monroe County, Florida, for a period of 1 year next preceding
AND PROVIDINGTIVEDATE.A the firstpublication of the attached copyof and affiant further
EFFECTIVE advertisement;
says that he has neither paid nor promised an son, firm or c any
Pursuant to Section 286.0105,
Florida Statutes,notice is given discount, rebate, commission or re or the of securing 's
that if a person decides to appeal advertisement for publication in the.-said newspape
any decision made by the Board
with respect to any matter
considered at such hearings or
meetings,he will need a record of
the proceedings,and that,for ..-
such
purpose,he may need to ensure Signa of Affiant
that a verbatim record of the
proceedings is made,which
record
includes the testimony and Sworn and subscribed before me this % day of ' 2013
evidence upon which the appeal
is Avi
to be based.
ADA ASSISTANCE:If you are a Notary Public: OtRy4 DAWN KAWZINSKY NOTARY PUBLIC
r person with a disability who t STATE OF FLORIDA
needsey ?Comm#EE1 33
' special accommodations in order 'T+
to participate in this proceeding, 1 J C�/l/VY-1 V<CUIAry/14/e
SNCE t°'n� Expires 1/4,Qp16please contact the CountyL. r`r'
Administrator's Office,by phoning Z cio
(305)292-4441,between the Dawn Kawzinsky i TI
hours of 8:30 a.m.-5:00 p.m.,no CO CD
later than five(5)calendar days Expires: 1/4/16 Notary Seal C)
prior to the scheduled meeting;if — -.-3
you are hearing or voice 3 r-r
impaired, -' O c`)
CD
call"711". Personally Known x Produced Identification n
Type of Identification Produced
Ad#510442
THE REPORTER NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
P.O.Box 1197, Tavernier,Fl 33070 COUNTY ORDINANCE
92655 Overseas Hwy,Tavernier Fl 33070 NOTICE IS HEREBY C!VEN
Phone 305-852-3216,Fax 305- 852-0199 TO WHOM PT MAY
CONCERN that on June 19,
2013 at 3:00 P.M.,or as soon
PROOF O F PUBLICATION thereafter may be heard,
at the Marathon Government
Center,2798 Overseas
Highway,Mile Marker 50,
STATE OF FLORIDA •
Marathon,Monroe County,
Florida, the Board of County
COUNTY OF MONROE Commissioners of Monroe
County, Florida, intends to
Before the undersigned authority personally appeared consider the adoption of the
WAYNE MARKHAM who on oath, says that he is following County ordinance:
PUBLISHER of the THE REPORTER, a weekly AN ORDINANCE OF THE
newspaper published in Tavernier, in Monroe BOARD OF COUNTY
County, COF
Florida: that the attached copyof MONROE
UNTERS ,
MONROE COUNTY,
advertisement was published in said newspaper in the FLORIDA AMENDING SEC.
issues of: (date(s)of publication) 2-59(a)AND(b)AND CREAT-
ING SEC.2-59(d)OF THE
ar-� ' 1/ �/3 AUTHORIZING
MONROE COUNTY CODE
7 RNEY T E COUNTY
ATTORNEY AND ASSISTANT
COUNTY ATTORNEYS TO
ACCEPT SERVICE OF
PROCESS ON BEHALF OF
THE COUNTY IN LIMITED
CIRCUMSTANCES,;PROVID-
Affiant further says that the said THE REPORTER is ING FOR SEVERABILITY;
a newspaper published at Tavernier, in said Monroe PROVIDING FOR THE RE-
ALL ORDINANCES
County, Florida, and that the said newspaper has INCo SF TENTT HEREWITH;
heretofore been continuously published in said AND PROVIDING AN
Monroe County, Florida, each week (on Friday) and EFFECTIVE DATE.
has been entered as a second class mail matter at the Pursuant to Section 286.0105,
post office in Tavernier, in Monroe County, Florida, Florida Statutes,notice is giv-
for aperiod of oneyear next precedingthe first en that anyif a person decides to
appeal decision made by
publication of the attached copy of advertisement. the Board with respect to any
matThe affiant further says that he has neitherpaid nor hearingsror consideredetsat such
Y or meetings,he will
promised any person, firm, or corporation any need a record of the proceed-
discount, rebate, commission or refund for the ings, and that,for such pur-
pose,he may need to ensure
purpose of securing this advertisement for that a verbatim record of the
publication in the said newspaper(s) and that The proceedings is made,which
mony
THE REPORTER is in full compliance with Chapter record includes the whitestch the
P p and evidence upon which the
50 of the Florida State Statutes on Legal and Official appeal is to be based.
Advertisements. ADA ASSISTANCE:If you
Iare a person with a disability
who needs special aeeom- N '1
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omodations in order tojartici- — r
pate in this proceeding,c C_ rn
Wayne Markh ubli er please contact the CoUrwtq C D
Administrator's Office by .
phoning(305)292-4441, ; T
— i
between the hours of 8:30 C...) d
a.m.-5:00 p.m.,no later than '
Sworn to and subscribedbefore me five(5)calendar days prior �.
this o2 5 Day ofaer
,2013 to the scheduled meeting; if m
you are hearing or voice CD
(SEAL) impaired,call"711".- -1 . O
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ga(e.itLazy,
Dated at Key West, ,2013.,this 15th day of May,2013.AMY HEAVILIN,Clerk of the
Notary Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County,Florida
I •�`'r'F;''•• BEVERLY TRAEGER
• to ';.? MY COMMISSION#DO 969749 Published May 24,2013
! 'i . - EXPIRES:April 18,2014 The Reporter
pr ..... Bonded-i hru Notary Public Underwriters Tavernier,FL 33070
FLORIDA KEYS IAd#510438
�^- - -: m j" NOTICE OF INTENTION TO
— CONSIDER ADOPTION OF
COUNTY ORDINANCE
— NOTICE'IS HEREBY GIVEN
Published Twice Weekly TO WHOM IT MAY
' CONCERN that on June 19,
Marathon, Monroe County, Florida 2013 at 3:00 P.M.,or as soon
thereafter as may be heard,
at the Marathon Government
PROOF OF PUBLICATION I Center,2798 Overseas
Highway, Mile Marker 50,
Marathon,Monroe County,
Florida, the Board of County
STATE OF FLORIDA Commissioners of Monroe
County, Florida,intends to
COUNTY OF MONROE consider the adoption of the
Before the undersigned authority person-
following County ordinance:
ally appeared WAYNE MARKHAM who on AN ORDINANCE OF THE
oath, says that he is PUBLISHER of the BOARD OF COUNTYCOMMISSIONERS OF
FLORIDA KEYS KEYNOTER, a twice MONROE COUNTY,
weekly newspaper published in Marathon, FLORIDA AMENDING SEC.
AND(b)AND CREAT-
in Monroe County, Florida: that the ING SEC.2-59(d)OF THE
MONROE COUNTY CODE
attached copy of advertisement was AUTHORIZING THE COUNTY
published in said newspaper in the issues ATTORNEY AND ASSISTANT
Of: (date(s) of publication) COUNTY ATTORNEYS TOACCEPT SERVICE OF
7pay c,75 aZ61/ PROCESSHEON BEHALF OF
THE COUNTY IN LIMITED
CIRCUMSTANCES,; PROVID-
ING FOR SEVERABILITY;
PROVIDING FOR THE RE-
PEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH;
Affiant further says that the said FLORIDA AND PROVIDING AN
KEYS KEYNOTER is a newspaper published
EFFECTIVE DATE.
at Marathon, in said Monroe County, Pursuant to Section 286.0105,
Florida, and that the said newspaper has Florida Statutes,notice is giv-
en that if a person decides to
heretofore been continuously published in appeal any decision made by
said Monroe County, Florida, twice each the Board with respect to any
matter considered at such
week (on Wednesday and Saturday) and hearings or meetings, he will
has been entered as a second class mail need a record of the proceed-
ings,and that,for such pur-
matter at the post office in Marathon, in pose, he may need to ensure
Monroe County, Florida, for a period of that a verbatim record of the
proceedings is made,which
one year next preceding the first record includes the testimony
ublication of the attached c0 of and evidence upon which the
p py appeal is to be based.
advertisement. The affiant further says ? .c
that he has neither paid nor promised any ADA ASSISTANCB:If you 7,;,', r-
are a person with`a disability t,i-. r-n7
person, firm, or corporation any discount, who needs special accom- C C.1
modrebate, commission or refund for the inr thisons proceedn order tu.ing,p g,
purpose of securing this advertisement for please contact the County OD d
publication in the said newspaper(s) an Administrator's Office,by "",
d phoning(305)292-4441, T,- 7?
that The Florida Keys Keynoter is in full between the hours of 8:30 -_- rn
compliance with Chapter 50 of the Florida a.m.-5:00 p.m.,no later than five(5)calendar days prior ' C7
CD
State Statutes on Legal and Official to the scheduled meeting; if co
you are hearing or voice -.-J
Advertisements. impaired,call"711".
Dated at Key West,Florida,
/i .this 15th day of May,2013.
SWDr d S cribed before me AMY HEAVILIN,Clerk of the Circuit Court and ex officio
this d y at , 2013 Clerk of the Board of County
• Commissioners of Monroe
(SEAL) County,Florida
> � Published May 25,2013
TiL� � Florida Keys Keynoter
Notary
•;;� P';''' BEVERLY TRAEGER
:i:• ;*:
*: �Ii : MY COMMISSION#DD 969749
I^,,':..; = EXPIRES:April18,2014
,7'.7 F. Bonded The Notary Public Underwriters
AMY REAVILIN, CPA
CLERK OF CIRCUR COURT &COMPTROLLER
Moxnoe cauimr, FLORIDA
July 12, 2013
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7012 2210 0000 6550 0029
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 024 -2013 amending Sec. 2 -59(a)
and (b) and creating 2 -59(d) Monroe County Code authorizing the County Attorney and
Assistant County Attorneys to accept service of process on behalf of the County in limited
circumstances.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on June 19, 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 Clerk of the
Board of County Commissioners
by: Vitia Fernandez, D.C.
cc: County Attorney via e -mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e -mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
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• 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
X ❑ Agent
❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
1 uu. ■ n anin
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
500 South Bronough Street 3. S ice Type
Tallahassee, Florida. 32399 -0250 Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
(D(aitikaA(-e IJO- 02y -2v13 ❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service labeq 7 012 2 210 0000 6 5 5 0 0029
PS Form 3811. February 2004 Domestic Return Receipt 102595 -02 -M -1540
FLORIDA DEPARTMENT Ot STATE
RICK SCOTT
Governor
July 19, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Vitia Fernandez, 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 July 12, 2013 and certified copy of Monroe County Ordinance No. 024 -2013, which was filed in this
office on July 19, 2013.
Sincerely,
Y4-4 U xj
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.ft.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.ft.us