Ordinance 008-2003
Mayor Dixie Spehar
ORDINANCE NO. 008 - 2003
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECnON 13-102, 13-103,
13-112, AND 113-115 MONROE COUNTY CODE, TO PROHIBIT
DISCRIMINATION ON THE BASIS OF GENDER IDENTITY OR
EXPRESSION FOR EMPLOYMENT OR IN HOUSING; 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, the Board of County Commissioners finds that prohibiting discrimination
on the basis of gender or identity or expression in the best interest of the health, safety
and welfare of the citizens of Monroe County; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 13-102, Monroe County Code, is hereby amended by adding the
following definition:
Gender identity or expression means having, or being perceived as
having, a gender-related self-identity, self-image, appearance, expression or
behavior, whether or not such gender-related characteristics differ from those
associated with the person assigned sex at birth.
Section 2. Sec. 13-103(a), Monroe County Code, is hereby amended to read as
follows:
(a) No person shall directly or indirectly discriminate against any individual
in hiring, classification, grading, discharge, discipline, compensation or other
term or condition of employment because of the individual's race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age. No employment agency shall directly or
indirectly discriminate against any individual in classification, processing,
referral or recommendation for employment because of the individual's race,
color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age. The prohibitions
contained in this paragraph shall not apply to any of the following:
(1) Use of an individual's unfavorable discharge from military service
as a valid employment criterion where the affected position of
employment involves the exercise of fiduciary responsibilities and the
reasons for the unfavorable discharge related to his or her fiduciary
capacity.
(2) Hiring or selecting between individuals for bona fide occupational
qualifications.
(3) Giving preferential treatment to veterans and their relatives as
required by federal or state law or regulation.
Section 3. Secs. 13-103(d) and (e), Monroe County Code, are hereby amended to
read as follows:
(d) No person shall discriminate against any individual in any aspect of any
credit transaction, or in any terms and conditions of bonding because of the
individual's race, color, sex, religion, disability, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age.
(e) No person who owns, leases, rents, operates, manages or in any
manner controls a public accommodation shall withhold, deny, curtail, limit or
discriminate concerning the full use of such public accommodation by any
individual because of the individual's race, color, sex, religion, disability,
national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age. The prohibition contained in this section, shall not apply
to any facility, as to discrimination based on sex, which is distinctly private in
nature, such as restrooms, shower rooms, and dressing rooms.
Section 4. Sec. 13-112(e), Monroe County Code, is hereby amended by adding the
following definition:
Discrimination means any difference in treatment based on race, color,
sex, religion, disability, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age.
Section 5. Secs. 13-115(1), (3), (4), (5), (8), (9), and (10), Monroe County Code,
are hereby amended by adding the following definition:
(1) To refuse to sell, purchase, rent or lease, or otherwise deny to or
withhold any housing accommodation from a person, or to evict a person
because of his race, color, sex, religion, disability, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age.
(3) To refuse to receive or transmit a bona fide offer to sell, purchase, rent
or lease any housing accommodation from or to a person because of race,
color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age.
(4) To evict or to refuse to negotiate for the sale, purchase, rental or lease
of any housing accommodation to a person because of race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age.
2
(5) To represent to a person that any housing accommodation is not
available for inspection, sale, purchase, rental or lease when in fact it is so
available, or to refuse to permit a person to inspect any housing
accommodation because of his race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression, familial
status or age.
(8) To induce or discourage, or to attempt to induce or discourage:
a. the sale;
b. the purchase;
c. the rental;
d. the lease;
e. the listing for a, b, or d, above of any housing
accommodations in an area by means of:
1. Causing panic;
2. Inciting unrest; or
3. Creating or playing upon fear, by representing that
the presence or anticipated presence in that area of
persons of any particular race, color, sex, religion,
disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age, will or
may result in:
(i) The lowering of property values in the area;
(ii) The increase in criminal or antisocial behavior
in the area; or
(iii) A decline in the quality of the schools serving
the area.
(9) For any bank, building and loan association, insurance company or
other corporation, association, firm or enterprise whose business consists in
whole or in part in the making of commercial real estate loans, to deny a loan
or other financial assistance to a person applying there for the purpose of
purchasing, constructing, improving, repairing or maintaining a dwelling, or to
discriminate against him in the fixing of the amount, interest rate, duration, or
other terms or conditions of such loans or other financial assistance because of
the race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age of such
person or of any person associated with him in connection with such loan or
other financial assistance or the purposes of such loan or other financial
assistance, or of the present or prospective owners, lessees, tenants, or
occupants of the dwelling or dwellings in relation to which such loan or other
financial assistance is to be made or given.
(10) To deny any person who is otherwise professionally qualified by state
law access to, or membership or participation in, any multiple listing service,
real estate broker's organization, or other service, organization or facility
relating to the business of selling or renting dwellings, or to discriminate
3
against him in the terms or conditions of such access, membership, or
participation, on account of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or
age.
Section 6. If any section, subsection, sentence, clause or prOVISion of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 7. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 8. 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 9. This ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 16th day of April, 2003.
Mayor Spehar
Mayor Pro Tem Nelson
Commissioner McCoy
Co~oner Neugent
C~i6ner Rice
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~ >n L~.Jn(j
, ayor/Chairp rson
4
CLERK OFTHE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARAlHON SUB COURlHOUSE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTIiOUSE
500 WI-llTEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS I-llGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
May 2, 2003
Department of State
Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 8580
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 008-2003 amending Section 13-102, 13-103, 13-112, and 113-115 Monroe
County Code, to prohibit discrimination on the basis of gender identity or expression for
employment or in housing.
Ordinance No. 009-2003 amending the Monroe County Code Section 6,3-3 to permit the
County to enter into an Interlocal Agreement with other local governments for the purpose of
sharing the services of a Code Enforcement Special Master.
Ordinance No. 010-2003 amending Ordinance No, 023-2002, deleting environmental lots for the
purposes oflevying an assessment.
Ordinance No. 011-2003 declaring that an emergency exists and waiving notice by a four-fifths
vote; an Ordinance of the Board of County Commissioners of Monroe County, Florida,
authorizing a lump sum years of service award to certain eligible volunteer firefighters whom each
have provided at least ten (10) years offire, rescue and emergency medical services to the
residents and visitors of Monroe County and whom each have reached the age of sixty,
Ordinance No. 012-2003 making a revision to Chapter 5,5 Monroe County Code (boats, docks,
and waterways) to reinstate the Adams Waterway slow speed minimum wake regulatory zone,
Department of State
May 2, 2003
Page 2
Ordinance No. 013-2003 approving a request of the Monroe County Planning Department to
amend the Monroe County Land Development Regulations by adding Section 9,5-22(d)(7)
(planning Commission Membership) to add a non-voting member from the local school district.
Ordinance No. 014-2003 approving a request of the Monroe County Planning Department to
amend the Monroe County Land Development Regulations by amending Section 9.5-22(h)(1)
(Planning Commission Meetings) to eliminate the requirement for a regular August meeting,
Ordinance No. 015-2003 approving a request of the Monroe County Planning Department to
amend the Monroe County Land Development Regulations by amending Section 9,5-4 (A-5)
(Time Restrictions for Maintenance of Affordable Housing) to correct a scrivener's error,
These Ordinances were adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on April 16, 2003, Please file for record,
Danny L. Kolhage
Clerk of Circuit Court and
ex-officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis
JhaL ~e f}ij~
Deputy Clerk
Cc: Municipal Code - 008 through 012-2003 Via Certified Mail 70022030000126688009
Board of County Commissioners
County Administrator
Growth Management - 009,012,013,014 & 015
Manuel Castillo, Housing Director - 015
Public Works Director - 010
Property Appraiser - 010
Tax Collector - 010
Finance - 011
Fire Chief, Clark Martin - 011
School Superintendent, Michael Lannon - 013
County Attorney
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item 4 if Restricted Delivery is desired. X 0 Agent E
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Department of State
Bureau of Administrative Cod@
The Collins Building
107 West Gaines Street, Sui#@ L4
Tallahassee, Florida 32390.02150 3. Serve Type
R'Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7002 2030 0001 2668 8580
(Transfer from service label) 4'•
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
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item 4 if Restricted Delivery is desired. /1 J 0 Agent
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach COWlly Preservation Board
Historic Pensacola Preservation Board
Historic Sl Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa!Hillsborough COWlly
Preservation Board
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF ELECTIONS
RINGLING MUSEUM OF ART
May 9,2003
Honorable Danny L. Kolhage
Clerk ofthe Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated May 2, 2003 and certified copies of Monroe County
Ordinance Nos. 008-2003 through 015-2003, which were filed in this office on
May 7,2003.
LC/mp
Sincerely,
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Liz Cloud, Chief
Bureau of Administrative Code
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The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270
FAX: (850) 245-6282 . WWW Address: http://www.dos.state.tl.us . E-Mail: election@mail.dos.statej/.us
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P.O. Box 1197. Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-0199
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
personally appeared JACKL YN R.
HARDER who on oath, says that she is
ASSOCIATE PUBLISHER/EDITOR of THE
REPORTER, a weekly newspaper entitled
to publish legal advertising published at
Tavernier, Monroe County, Florida: that
the attached copy of advertisement, being
LEGAL NOTICE in said newspaper in the
issue of:
March 21 st and March 28th 2003
Affiant further says that THE REPORTER
is a newspaper published at Tavernier, in
said Monroe County, Florida, and that the
said newspaper has heretofore been
continuously published in the said
Monroe County, Florida, each week (on
Thursday), and has been entered as
second class mail matter at the Post
Office in Tavernier, in said County of
Monroe, Florida, for a period of one year
next preceding the first publication of the
attached copy of advertisement; and
affiant further says that she has neither
paid nor promised any firm, person, or
corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for
publication in the said newspaper and that
The Reporter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal and Official Advertisem nts.
Ad# 6791900 Gender
Dress
NOTICE OF INTENTION
TO CONSIDER
ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY
GIVEN TO WHOM IT
MAY CONCERN that on
Wednesday, April 16,
2003, at 3:00 PM at the
Harvey Government
Center - Truman School
1200 Truman Avenue, '
Key West, Monroe Coun-
ty, Florida, the Board of
County Commissioners
of Monroe County, Flori-
da, intends to consider
the adoption of the follow-
ing County ordinance:
AN ORDINANCE OF
THE BOARD OF COUN-
TY COMMISSIONERS
OF MONROE COUNTY,
FLORIDA, AMENDING
SECTION 13-102,
13-103,13-112, and
113-115 MONROE
COUNTY CODE, TO
PROHIBIT DISCRIMI-
NATION ON THE BASIS
OF G!:NDER IDENTITY
OR EXPRESSION FOR
EMPLOYMENT OR IN
HOUSING; PROVIDING
FOR SEVERABILITY'
PROVIDING FOR THE
REPEAL OF ALL ORDI-
NANCES INCONSIS-
TENT HEREWITH'
PROVIDING FOR iN-
CORPORATION INTO
THE MONROE COUN-
TY CODE OF ORDI-
NANCES; AND PRO.
VlDING AN EFFECTIVE
DATE.
Pursuant to Section
286.0105, Florida
Stat~tes, notice is given
that If a person decided to
appeal any decision
made by the Board with
respect to any matter
considered at such hear-
ings or meetings, he will
need a record of the pro-
ceedings. and that, for
such purpose, be may
need to ensure that a ver-
batim record of the pro-
ceedings is made, which
record includes the testi-
m~ny and evidence upon
which the appeal is to be
based,
Copies ofthe above-ref-
erenced ordinance are
available for review at the
various public libraries in
Monroe County, Florida,
Dated at Key West
Florida, this 24th d~y of
March, 2003.
DANNY L. KOLHAGE
Clerk of the Circuit Co~rt
and ex officio Clerk of the
Board of County
Commissioners of
M~ County, Florida
(SFAI \
PuIIhh: 03121103
&03128103
The Reporter
Tavernier. FL 33070
FLORIPA KlTJ
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PlJBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE, MARKHAM who on
oath, says that he is PUBUSHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County: -Flrori~~~: that th~
attached copy' of advertisement was
published in said newspaper in the issues
of: (date(s) of oublication)
no. 7685100
1lI0TlCE OF INTENTION
TOCO~DERADOPTlON
OF CQUNTY OADINANCE
NOTICE IS HERE8Y GIVEN TO
WHOM IT MAY CONCERN that
on Wednesday, April 16, 2003.
:~n~~~tMc:~:~: H~rvfru~~ri
School, 1 200 Truman Avenue.
Key West. Monroe County,
-Florida, the Board of County
Commissioners, of Monroe
County, Floride. intends to con-
sider the adoption of the follow-
ing COIlnty ordinance:
AN ORDINANCE OF THE
BOARD OF COUNTY COM MIS-
SIONEF'lS OF MONROE COUN-
TY, FLORIDA, AMENDING
SECTION 13-102. 13-103.
13-112, and 113-115 MON-
ROE COUNTY CODE, TO PRO
HIBIT DISCRIMINATION ON
THE BASIS OF GENDER IDEN-
TITY OR EXPRESSION FOR
EMPLOYMENT OR IN HOUS-
ING; PROVIDING FOR SEVER-
ABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA-
TION INTO THE 'MONROE
COUNTY CODE OF ORDI-
NANCES; AND PROVIDING AN
EFFECTIVE DATE.
Pursuent to Section 286.0105.
Florida Statutes, notice is given
that if a person decided to ap-
peal any decision made by the
Board with respect to any mat-
ter considered at such hearings
or meetin~s, he will need a re-
~~~~. f~r ~U~hP~~~;~~;~~ ~~~
need to ensure that a verbatim
~~ ~hi~~e r~~~~~1::;'Y~~~
the testimony and evi.der'lce
upon which the appeal is to be
based.
CopieS' of the above-referenced
ordinance are available for re-
view at the various public librar-
ies in Monroe County, Florida.
Dated at Key West. Florida. this
24th day of March. 2003.
DANNY L. KOLHAGE
Clerk of the Circuit Court and ex
officio ClllIrk of the Board of
County Co_rnmissioners 0
Monroe County, Florida,
I
Publish March 22. 29, 2003. . I'
Florida Keys Keynoter
lIlarct1 d~/ Jc;, dtr;}J
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Keys Kevnoter is in full
compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertisements.
f"""'
Sworn to an
this-L-D
(SEAL)
,4~Y;;tW;f~
Notary
BEVERLY TRAEGEJt
My eo.. Up. ltt'1312OOS
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KEY~WEST
ITIZEN
The Roride Keys Only Dally Newspaper, Est. 1876
Cooke Communications, LLC
Florida Keys
Mary Beth Canitano
Advertising Coordinator
PO Box 1800
Key West F133041
Office... .. . ... .305-292-7777
Extension............ .....x219
Fax............ .305-294-0768
mcanitano@keysnews.com
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Tel 305-743-8766
Fax 305-743-9977
navigator@floridakeys.com
Upper Keys Office
81549 Old Hwy
PO Box 469
Islamorada. FL (MM81.5)
33036-0469
Tel 305-664-2266
Fax 305-664-6411
freepress@floridakeys.com
Ocean Reef Office
3A Barracuda Lane
Key Largo. FL 33037
Tel 305-367-4911
Fax 305-367-2191
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida; th the attached copy of advertisement, being a egal notice in the
matter of' . On L\ - \
In the Court, was published in said newspaper in the
issues ~-1'f\Cllfu ;;)~ ~ ~I C)D~
Affia'nt further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
and has been entered as second-class mail matter at the post office in Key West,
in said Monroe County, Florida, for a period of 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that
he has neither paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
#J~/fJ-
Signature of Affiant
Sworn and subscribed before me this-5L day of \.ff\() ~
\
,2003
~'eth~~
ary Beth Canitano, Notary Public
Expires: January 15, 2007
Notary Seal
,..~:li~::"'", MARY BETH CANITANO
f~ \ Notary Public - State of Florida
~ . . . . EMfCom..1isb ,fJq:JiasJan 15, 2007
,.~/h. r;'<r/ Commission # 00178046
.",::.'....., Bonded By National Notary Assn
~."""'""""......'.....'"""""'v...... __ __ __ _ __ __ _',
Personally Known x Produced Identification
Type of Identification Produced
NOTICE OF INTENTION TO
CONSIOEfI ADOPTION OF .
. COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, April 16, 2003, at 3too
PM at the Harvey Government Cen-
ter - Truman School, 1200 Truman
Avenue, . Key Wet, Monroe County,
Florida, the Board of County Com-
missioners of Monroe County, Flori-
da, Intends to consider the adoption
of the following County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
AMENDING SECTION 13-102, 13-
103,13-112, AND 113-115 MON-
ROE COUNTY CODE, TO PROHIB-
IT DISCRIMINATION OF THE BA-
SIS OF GENDER IDENTITY OR EX-
PRESSION FOR EMPLOYMENT
OR IN HOUSING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINAN-'
CES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA-
TION INTO THE MONROE COUN-
TY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
Pursuant to' Section 286.0105, Flori-
da Statutes, notice is given that if a
person decided to appeal any deci-
sion made by the ~oard with respect
to any matter ~ at such
hearings or ~, he wilt need a
record of tM ~Inga. and that,
for such . purpose, he .may need to
ensure that a. verbatim record .of the
proCeedings is mackt, which record
includes .the testimony and evidence
upon which the appeal is to be
based.
Copies of the above-referenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this 24th
day of March, 2003.
DANNY L. KOlHAGE, Clerk of the
. Cir(::uit Court and ex officio Clerk of
the Board of County Commissioners
of Monroe County, Florida
March 23 & 30, 2003