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Ordinance 029-2013ORDINANCE NO.029 — 2013 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA REPEALING ORDINANCE NO. 055-2000 IN ITS ENTIRETY; SETTING THE BOND AMOUNT EACH COUNTY OFFICER MUST PURCHASE PURSUANT TO CHAPTERS 137, 28 AND 30, FLORIDA STATUTES; PROVIDING FOR INSURANCE COVERAGE IN LIEU OF BOND IF INSURANCE PROVIDES COVERAGE IN EXCESS OF THE BOND AMOUNT REQUIRED; PROVIDING FOR SEMI-ANNUAL REVIEW OF THE BONDS OF ALL COUNTY OFFICERS IN JANUARY AND JUNE OF EACH YEAR TO ENSURE SUFFICIENCY PURSUANT TO F.S. 137.05; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, F.S. 137.01 authorizes the Board of County Commissioners to set the amount of the bond each county officer must purchase to ensure the faithful performance of duties while in office; and WHEREAS, Chapter 98-34, Laws of Florida amended F.S. 137.01 giving county commissions the authority to decide whether to make county officer bonds optional; and WHEREAS, in December 2000, the Board enacted Ordinance No. 055-2000, which set public official bonds at the following amounts: a) Clerk of the Circuit Court $ 5,000 b) Sheriff $15,000 c) Tax Collector $ 5,000 d) Property Appraiser $10,000 e) County Commissioners $ 2,000 f) Supervisor of Elections $ 5,000 WHEREAS, Ordinance No. 055-2000 was never codified in the Monroe County Code; and WHEREAS, it has been thirteen years since the Board examined the amount of bond it requires each county officer to post; and WHEREAS, due to the large amount of cash being handled, the Monroe County Tax Collector has requested that the bond amount for the Tax Collector's office be raised from $5,000 to $50,000; and Ord creating Sec. 2-28, MCC re public officer bonds Page 1 of 3 5/28/13 (KP) BOCC 6/19/13 WHEREAS, modern insurance policies available to county officers provide errors and omissions and public honesty coverage far greater in scope than traditional public official bonds; and WHEREAS, in 2009, the County Commission authorized the Monroe County Sheriff to dispense with the required public officer bond in light of the insurance coverage the Sheriff had purchased; and WHEREAS, in January 2013, the County Commission directed staff to draft an amended ordinance providing for an insurance alternative to public officer bonds; NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida: SECTION 1. Ordinance No. 055-2000 is hereby repealed in its entirety. SECTION 2. The Monroe County Code is hereby amended to create a new Section 2-28, entitled "Public Officer Bonds" which shall read as follows: (1) Bond amount required. Pursuant to Chapters 137, 28, and 30, Florida Statutes, the Board hereby requires the following constitutional officers to give bond, conditioned on the faithful performance of the duties of his/her office, in the following amounts: a) Clerk of the Circuit Court $ 5,000 b) Sheriff $15,000 c) Tax Collector $50,000 d) Property Appraiser $10,000 e) County Commissioners $ 2,000 f) Supervisor of Elections $ 5,000 (2) Insurance coverage in lieu of bond. The Commission may waive the requirement for a county officer to purchase a bond if that officer purchases insurance that provides coverage in excess of the amount of the bond required for that office for the errors and omissions and honest services of that officer and his/her employees. The County Commission shall approve each waiver every January and June at its regular business meeting. (3) Semi-annual review. If at any time, the Board determines there is reason to believe that the sufficiency of any county officer's bond has become impaired or insurance coverage has lapsed or is otherwise insufficient, it must at once require the county officer to execute and file with the Clerk of Court a new bond for the same amount as set forth in subsection (1). Ord creating Sec. 2-28, MCC re public officer bonds Page 2 of 3 5/28/13 (KP) BOCC 6/19/13 SECTION 3. DELIVERY TO ALL COUNTY COMMISSIONERS AND CONSTITUTIONAL OFFICERS. The Clerk shall deliver a copy of this Ordinance to all County Commissioners and Constitutional Officers 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. SECTION 5. 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 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 17th day of July 2013. Mayor Neugent Mayor Pro Tem Carruthers .phy iage CD -- CD Ln LA - CD t� C= Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MX2r— E COUN Y, FLORID By �~ 5 Mayor George Neugent MONROE 6 NTV ATTORKY RpgERT 6, LLINGER, JR. TTOR �Y — Ord creating Sec. 2-28, MCC re public officer bonds Page 3 of 3 5/28/13 (KP) BOCC 6/19/13 az1. 2.-. r3 Ad#549931 NOTICE OF INTENTION TO TIE REPORTER CONSIDER ADOPTION OF COUNTY ORDINANCE P.O. Box 1197,Tavernier,Fl 33070 NOTICE IS HEREBY GIVEN 92655 Overseas Hwy,Tavernier Fl 33070 TO WHOM WHOM IT MAY CON- CERN July 17, at Phone 305- 852-3216,Fax 305- 852-0199 3:00 P.M.,or as soon there- after as may be heard,at the Harvey Government Center, PROOF OF PUBLICATION 1100 Truman West,M nroeCvounty enue,Key , Florida, the Board of County Commissioners of Monroe STATE OF FLORIDA County, Florida,intends to consider the adoption of the COUNTY OF MONROE following County ordinance: Before the undersigned authority personally appeared F WAYNE MARKHAM who on oath, says that he is B ORD T THE BOO BOARD O OF F C OU COUNTY COM- PUBLISHER of the THE REPORTER, a weekly MISSIONERS OF MONROE IDA newspaperpublished in Tavernier, in Monroe COUNTY, GORDIN REPEALING ORDINANCE County, Florida: that the attached copy of NO.055-2000 IN ITS ENTIRE- advertisement was published in said newspaper in the TY; SETTING THE BOND AMOUNT EACH COUNTY issues of: (date(s)of publication) OFFICER MUST PURCHASE PURSUANT TO CHAPTERS /O D '�/ �)12/3 137,28 AND 30, A .f (J STATUTES;PROVIDING FOR INSURANCE COVERAGE IN LIEU OF BOND IF INSUR- ANCE PROVIDES COVER- AGE IN EXCESS OF THE BOND AMOUNT REQUIRED; Affiant further says that the said THE REPORTER is PROVIDING FOR SEMI- a newspaper published at Tavernier, in said Monroe BONDAL REVIEW OF THE BONDS OF ALL COUNTY County, Florida, and that the said newspaper has OFFICERS IN JANUARY AND JUNE OF EACH YEAR TO heretofore been continuously published in said ENSURE SUFFICIENCY PUR- Monroe County, Florida, each week (on Friday) and SUANT TO F.S.137.05; PRO- has been entered as a second class mail matter at the VIDING FOR SEVERABILITY; PROVIDING FOR THE RE- post office in Tavernier, in Monroe County, Florida, PEAL OF ALL ORDINANCES for a period of one year next preceding the first INCONSISTENT HEREWITH; publication of the attached copyof advertisement. AND PRTVIDING AN EFFEC- p TIVE DATE. The affiant further says that he has neither paid nor Puuant to Section 05, promised any person, firm, or corporation any Florida Statutes,notice is giv- discount, rebate, commission or refund for the en that if a person decides to purpose of securing this advertisement for appeal any decision made by the Board with respect to any publication in the said newspaper(s) and that The matter considered at such THE REPORTER is in full compliance with Chapter hearings or meetings,he will proceed- 50 of the Florida State Statutes on Legal and Official need a record of the ings,and that,for such pur- AdvertiSem ts. pose,he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony /V/Ali and evidence upon which the appeal is to be based. Wayne Mar am ublisher ADA ASSISTANCE: If you are a person with a disability who needs special accom- Sworn to apd subscribe before me 'modations in order to partici- pate in this proceeding, this 1 Day of ,2013 please contact the County (SEAL) Administrator's Office,by phoning(305)292-4441,be- tween the hours of 8:30 a.m. - 0 p.m.,no later n five `f� �y - 6(4 ---V _ v (5)cal calendar days prior to the L�' y �� 1 �1..0'T i) l " --'-1 i'� scheduled meeting;if you Notary �� 7 ��Z� 11 are hearing or voice impaired,call"711". t • I • At Dated at Key West, Florida, c • this 19th day of June,2013. BEVERLYMEcr L. •h Nd 9Z ltlf EIAZ MY CAMMISSION 11 DD 969749AMY HEAVILIN,Clerk of the EXPIRES:April 18,2014Circuit Court and ex officio Bonded Tluu Notary public UMervrticera C`�0 3 0 0311.4 Clerk of the Board of County Commissioners of Monroe County, Florida Published June 28,2013 The Reporter Tavernier, FL 33070 FLORIDA KEYS hearings or meetings,he will Ad#549029 need a record of the proceed- - ings,and that,for such pur- NOTICE OF INTENTION TO pose,he may need to ensure CONSIDER ADOPTION OF that a verbatim record of the Published Twice Weekly COUNTY ORDINANCE proceedings is made,which Marathon, Monroe County, Florida record includes the testimony NOTICE IS HEREBY GIVEN and evidence upon which the TO WHOM IT MAY CON- appeal is to be based. • CERN that on July 17,2013 at PROOF OF PUBLICATION 3:00 P.M.,or as soon there- 1 ADA ASSISTANCE:If you after as may be heard,at the are a person with a disability Harvey Government Center, who needs special accom- 1100 Truman Avenue,Key modations in order to partici- STATE OF FLORIDA West,Monroe County, pate in this proceeding, COUNTY OF MONROE Florida, the Board of County please contact the County Commissioners of Monroe Administrator's Office,by Before the undersigned authority person- County,Florida,intends to phoning(305)292-4441,appeared WAYNE MARKHAM who on be- consider the adoption of the tween the hours of 8:30 a.m. ally pP following County ordinance: -5:00 p.m.,no later than five oath, says that he is PUBLISHER of the (5)calendardayspriortothe AN ORDINANCE OF THE scheduled meeting;if you FLORIDA KEYS KEYNOTER, a twice BOARD OF COUNTY COM- are hearing or voice weekly newspaper published in Marathon, MISSIONERS OF MONROE impaired,call"711". COUNTY,FLORIDA in Monroe County, Florida: that the REPEALING ORDINANCE Dated at Key West,Florida, attached copy of advertisement was NO.055-2000 IN ITS ENTIRE- this 19th day of June,2013. TY;SETTING THE BOND published in said newspaper in the issues AMOUNT EACH COUNTY AMY HEAVILIN,Clerk of the of: (date(s) of publication) OFFICER MUST PURCHASE Circuit Court and ex officio PURSUANT TO CHAPTERS Clerk of the Board of County 1�j���l2?9/ 0740/3 ST7,ATUTES; U8 AND 30, DGA CommissionersF of Monroe C�[/ STATUTES; PROVIDING FOR I County, Florida INSURANCE COVERAGE IN LIEU OF BOND IF INSUR- Published June 29,2013 ANCE PROVIDES COVER- Florida Keys Keynoter AGE IN EXCESS OF THE BOND AMOUNT REQUIRED; - Affiant further says that the said FLORIDA PROVIDING FOR SEMI- ANNUAL REVIEW OF THE KEYS KEYNOTER is a newspaper published BONDS OF ALL COUNTY at Marathon, in said Monroe County, OFFICERS IN JANUARY AND JUNE OF EACH YEAR TO Florida, and that the said newspaper has ENSURE SUFFICIENCY PUR- heretofore been continuously published in SUANTTO F.S. 137.05;PRO- VIDING FOR SEVERABILITY; said Monroe County, Florida, twice each PROVIDING FOR THE RE- week (on Wednesday and Saturday) and PEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; has been entered as a second class mail AND PROVIDING AN EFFEC- matter at the post office in Marathon, in TIVE DATE. Monroe County, Florida, for a period of Pursuant to Section 286.0105, one year next preceding the first Florida Statutes, notice is giv- o 'rt en that if a person decides to O publication of the attached copy of appeal any decision made by zr advertisement. The affiant further says the Board with respect to any ors,- c rn no matter considered at such J r that he has neither paid nor promised any CONTINUEDINNEXT COLUMN -11 Mkperson, firm, or corporation any discount, -- v+ co rebate, commission or refund for the -7 purpose of securing this advertisement for �� Z m publication in the said newspaper(s) and r o that The Florida Keys Keynoter is in full 0 compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. i ,/4 . Sworn to d su ribed before me this, L) y o c',( .. , 2013 . (SEAL) t rfi � BEVERLY TRAEGER ;.. :.= MY COMMISSION#DD 969749 �) z %� - EXPIRES:April 18,2014 i 1 \ �7 + c444, • Bonded Thru Notary Public Underwriters Noary 1. ♦ v r-- rvv I IL.E.or IN I tN I ION 1O CONSIDER ADOPTION OF COUNTY,ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 17,2013 at 3:00 P.M., or as soon thereafter as may be heard,at the Harvey Y WEST Government STATE OF FLORIDA Center, 100 n ye 1,Monroe Avenue, COUNTY OF MONROE Key West,Monroe County, ,wwM .,ow Florida,the Board of County tions,LLC Commissioners of Monroe County, Florida,intends to consider the Before the undersigned authority personally appeared Tommy Todd, who on adoption of the following County ordinance: 1 oath says that he is Advertising Director of the Key West Citizen, a daily •AN ORDINANCE OF THE 7777 newspaper published in Key West, in Monroe County, Florida; that the BOARD OF COUNTY COMMISSIONERS OF MONROE attached copy of advertisement, being a legal notice in the matter of COUNTY,FLORIDA 8025 REPEALING ` ORDINANCE NO.0 5-2000IN S,COt71 �) �,�J-�(Q� �V a I O -J «NXL ITS ENTIRETY;SETTING THE �/ f BOND AMOUNT EACH 1 1 (�,Q f� !, �}-I Ir4°11NA/qr., COUNTY S 1 4 f� n I O i 16 Pi trod/S -F/W IiinJYNClL OFFICER MUST PURCHASE NG 1/J 1 e 1 PURSUANT TO CHAPTERS 137, ?1.) 28 AND 30,FLORIDA STATUTES;PROVIDING INSURANCE COVERAGE ION was published in said newspaper in the issue(s) of LIEU OF BOND IF INSURANCE PROVIDES COVERAGE IN V ff\\ EXCESS OF THE BOND 1U/Ue ? O ( -aO 13 AMOUNT REQUIRED; PROVIDING FOR SEMI- ANNUAL REVIEW OF THE BONDS OF Affiant further says that the Key West Citizen is a newspaper published in JANUCOUNTY ICERS IN RYY AND JUNE OF EACH Key West, in said Monroe County, Florida and that the said newspaper has YEAR TO ENSURE SUFFI- CIENCY PURSUANT TO F.S. >s heretofore been continuously published in said Monroe County, Florida every 137.05;PROVIDING FOR :ES day, and has been entered as second-class mail matter at the post office in Key SEVERABILITY; FOR THE REPEAL OF ALL West, in said Monroe County, Florida, for a period of 1 year next preceding ORDINANCES INCONSISTENT HEREWITH;AND PROVIDING the first publication of the attached copy of adve • and affiant further AN EFFECTIVE DATE. ICES says that he has neither paid nor promised any-person, f or corporation any Pursuant to Section 286.0105, ty discount, rebate, commission or refun for the purpo a of securing this Florida Statutes,notice is given that if a person decides to appeal advertisement for publication in the s ' newspaper. 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 •gnature of Affiant that a verbatim record of the proceedings is made,which record includes the testimony and , esvidence upon which the appeal Sworn and subscribed before me this IA day of LJ , 2013 i -n to be based. ADA ASSISTANCE:If you are a DAWN KAWZINS'(Y person with a disability who ��13tr needs Notary Public: NOTARY PUBLIC special accommodations in order flie _STATE OF FLORIDA to participate in this proceeding, 0-% :Comm#EE 33 please contact the County �.,. Administrator's Office,by phoning 's corn �' ^ Ve •s'i'YCE 19��ixpires 1/ 16(305)292-4441,between the JJJ Owe Y� r-- hours of 8:30 a.m.-5:00 p.m.,no L t"r1 later than five(5)calendar days t r C prior to the scheduled meeting;if r - you are hearing or voice Dawn Kawzinsky -Ti apa71 f. Expires: 1/4/16 Notary.Seal cp o -t' Dated at Key West, Florida,this ._:: '_ = j 19th day of June,2013. -.,- CD AMY HEAVILIN,Clerk of the Personally Known x Produced Identification 6I1 Circuit Court and ex officio Cleo Type of Identification Produced SD the Board of County Commissioners of Monroe County, Florida June 28,2013 Key West Citizen AMY REAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MONROE COUNTY, FLORIDA August 15, 2013 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7012-2210-0000-6550-0043 Dear Ms. Cloud, Enclosed please find a certified copy of Ordinance No. 029-2013 creating Sec. 2-28, Monroe County Code setting the public official bond amounts for County Commissioners and Constitutional Officers pursuant to Chapters 137, 28 and 30, Florida Statutes and providing an insurance alternative if insurance coverage is purchased in excess of the public official bond amount required. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on July 17, 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 w'�M ■ 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: /I5. U Z 0e �- G��G 6712�q gU�`lc% h 1�� 50� S. ,Br�nrwy3Z3�iq lall,-hacsee, �1 A. Signature Agent X DEPT. OF STATE Addressee B. Received bAWITrC. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3 Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7012 2210 0000 6550 0043 (transfer from serv/ce label) PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M•1540 RICK SCOTT Governor August 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 August 15, 2013 and certified copies of Monroe County Ordinance Nos. 025-2013, 029-2013, 030- 2013 and 031-2013, which was filed in this office on August 19, 2013. Since ely, Liz Cloud Program Administrator LC/elr -� o NO rn CD p N n CD N 7V c 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