Ordinance 010-2003
ORDINANCE NO. 010 - 2003
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 023-2002,
DELETING ENVIRONMENTAL LOTS; 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, Ordinance No. 023-2002 was passed establishing a Municipal Service
Culvert District and specifically excluding therefrom Block 19, Lots 1 through 99, per Plat
Book 4, page 143; and
WHEREAS, the computation for assessment per lot was made excluding additional
lots which are considered environmental lots with $50 assessment and four lots which are
too narrow for construction of single-family residences; and
WHEREAS, said ordinance did not exclude specifically those lots which were not
included in the computation other than Block 19, Lots 1 through 99; and
WHEREAS, it is necessary to revise the ordinance to delete those other
environmental and unbuildable lots which were not included in the computation for
purposes of levying an assessment; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
Section 1. Sec. 1 of Ordinance No. 023-2002 shall be revised to read:
Section 1. The Breezeswept Beach Estates Municipal Service Culvert District
(hereafter District) is created under Sec. 125.01(1)(q) and (r), Fla. Stat. The District
consists of the Breezeswept Beach Estates Subdivision, Plat Book 4 at Page 143, less
the following: Block 19, Lots 1 - 99; Block 2, Lot 68; Block 3, Lot 25; Block 5, Lots
4 and 11; Block 6, Lots 7 and 31; Block 8, Lots 8-10; Block 9, Lot 8; Block 14, Lot
24; and, adjacent to and abutting Dominica Lane, Lots 96A, 97A, 98A and 99A. The
Monroe County Board of County Commissioners has determined that the real
property in the District will be specially benefited by the improvements described in
Section 3.
Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. 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 Tern Nelson
\'~missioner McCoy
\ \i~~i)JiSSioner Neugent
\ \ .ct'Qmmissioner Rice
\ \:'~~<
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(SEAL) .'
At!est: 1l~\' L.KOLHAGE, Clerk
yes
yes
yes
yes
yes
B;~. \Ch.;)&~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By L)~ >n ~~,
Mayor/Chairperson
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 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 of levying 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 of fire, 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.
t
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
ThOiAPQ2
Deputy Clerk
Cc: Municipal Code - 008 through 012-2003 Via Certified Mail 7002 2030 0001 2668 8009
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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DIVISIONS OF FLORIDA DEPARTMENT OF STATE 3 O
Office of the Secretary t HISTORIC PRESERVATION BOARDS .
a I a Historic Florida Keys Preservation Board
Division of Administrative Services `_�,.��:!,ae: '�
: x Y Historic Palm Beach County Preservation Board
Division of Corporations C
:�: • p, Historic Pensacola Preservation Board
Division of Cultural Affairs \ . -;.r:,•-
��*.s Historic St.Augustine Preservation Board
Division of Elections :::`"
�� ;' • Historic Tallahassee Preservation Board
Division of Historical Resources Historic Tampa/Hilisborough County
Division of Library and Information Services Preservation Board
Division of Licensing FLORIDA DEPARTMENT OF STATE RINGLING MUSEUM OF ART
MEMBER OF THE FLORIDA CABINET Glenda E.Hood
Secretary of State
DIVISION OF ELECTIONS
May 9, 2003
Honorable Danny L. Kolhage
Clerk of the 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.
Sincerely,
� ° eal (-A)
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building • 107 West Gaines Street • Tallahassee,Florida 32399-0250 • (850)245-6270
FAX: (850)245-6282 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail.dos.state.fl.us
(J/O
FLORIPA KITS
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUjlLICATION
STATE OF FLORIDA
COUNTY OF MONROE
no. 7680700
NOTICE OF INTENTION
TOCONSmERADOPnON
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on Wednesday, Aprll 16, 2003,
::n~~t~:~:re H-"rv~ru~:~
School; 1 200 Truman AvenUe,
Key West, Monroe County,
Florida, the Board of County
Commi~.ione~s of Monroe
~oun .' Florida! intends _to con-
'~~~~~a:-- n'b.
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 Co.unty:. F!f)ri~;:t~ ttl~t the
attached copy. of advertisement was
published in said newspaper in the issues
of: (date(s) ofpublication)
fr\gCQunty<<dinan~:
AN ORDINANCE" OF' . THE
BOARD OF COUNTYCOMMl
SIONERSOF MONRQE COUN
,'TY; FLORIDA, AMENDING OR-
DINANCE NQ.023-2002" DE
LETlNG ENVIRONMENTAL
LOTS: PROVIDING FOR SEVER-
ABILITY: PROVIDING FOR THE
REPEAL OF AlL ORDINANCE
INCONSISTENT HEREWITH:
PROVIDING FOR INCORPORA
TION INTO THE MONROE
COUNTY"' CODE, OF ORDI-
NANCES: AND PROVIDING AN
EFFECTIVE DATE.
~/utt :<~/dq,~
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 Keynoter is in full
compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertisements.
Pursuant to Section 286.0105,
Florida Stlltutes, 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 meetings, he win need a re-
cord of the proceedings, and
that, for such purpose, he may
need to ensure that a verbatim
~d~~. ~hi~~e r~~e~~cl'~~:
the testimony and ~vidence
upon which the appeal is to be
based.
Copies of the above-referenced
ordinance are available f.or re-
view.at the various public Iibrar
ies in Monroe County, Florida.
~:~~d:~ ~n;~:~~~1Jo'~~a, this
DANNY L. KOLHAGE
Clerk of the Circuit Court and ex
officio Clerk of the Board 0
County Cotnmlsilioners of
Monroe County, Florida
'. ,
Publish March 22, 29, 2003
Florida Keys Keynoter
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AhwTU;;cVY~
Notary
8f.VERl Y TRAEGEft
:! ' ~ c:o.. ~ Wl3/2003
PU8UC He. oc 17080&2
~~ 110000001.D.
3 1..03
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iamzEN
The Florida Keys Only Dally Newsp-,", Est. 1876
Cooke Communications, LLC
Florida Keys
Mary Beth Canitano
Advertising Coordinator
PO Box 1800
Key West FI 33041
Office... ... ... .305-292,7777
Extension................ .x219
Fax......... ....305-294,0768
mcanitano@keysnews.com
INTERNET PUBLISHING
keywest.com
keysnews.com
floridakeys.com
key-west.com
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free Press
Islamorada Free Press
Key Largo Free Press
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Seaport Log
MAGAZINE
The Menu
Home Guide
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Paradise
Keys TV Channel Guide
MARKETING SERVICES
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Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
citizen@keywest.com
Internet Division
1201 WMe Street (Su~e 103)
Key West. FL
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5)
33050-3342
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 305-664-8411
freepress@f1oridakeys.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~ a legal notice in the
matter of ~~l dO C'C'.l~~ CJ't\ u -\\.0
In the Court, was published in said newspaper in the
issues of 'r\\\.)JLf\~ ~3 a.. 3'{)( 800-:>
Affiant 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 I 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.
#JtI:o-
, Signature of Affiant
Sworn and subscribed before me this li day of r\\Cl.A ~
,2003
~h~hJ-.~~M@
Mary Beth Canitano, Notary Public
Expires: January 15, 2007
Notary Seal
"\~~~t~::~",, MARY BETH CANITANO
'0 q('\o Not
'-": ..~~ ary Public - State of Florida
\'. j :)MyCcrnml5sion~.m15,2007
~'0 ...-- Commission # 00178046
'ic>ncj~R~ Notional Notary Assn.
, ....... - .- -- ~
Personally Known x Produced Identification
Type of Identification Produced
NOnce OF IN1'ENTION TO
CON8IDIIR ADOPTION OF
COUNTY ORDINANCE
,
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, April 16, 2003, at 3:00
PM' at tile Harvey Government Cen-
ter - Truman School, 1200 Truman
Avenue, Key West, 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 ORDINANCE NO. 023-
2002, DELETING ENVIRONMEN-
TAL LOTS; PROVIDING FOR SEV-
ERABlLrrY; PROVIDING FOR THE
'REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PRO-
VIDING FOR INCORPORATION IN-
TO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVID-
ING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Flori-
da Statutes, notice is given that if a
person decided to appe;ll any deci-
sion 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 that a verbatim record of the
proceedings is made, which record
includes the testimony and evidence
upon which the appeal is to be
based.
't ,.;::,. ,,/~~ . " ;"",;' \.. .,fi;..t, ,
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
Circuit Court and ex officio Clerk of
the Board of County Commissioners
of Monroe County, Florida
March 23 & 30, 2003
Ad# 6788500 Amend
Ord23-2002
envlronment8llots
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 Co~n-
ty, Florida, the Board of
County Commissioners
of ~onroe County, Flori-
da, Intends to consider
the adoption of the follow-
ing County ordinance:
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 VN 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:
AN ORDINANCE OF
THE BOARD OF COUN-
TY COMMISSIONERS
OF MONROE COUNTY
FLORIDA, AMENDING'
ORDINANCE NO.
023~2002.DELETING
ENVIRONMENTAL
LOTS; 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.
VIDING AN EFFECTIVE
DATE.
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 Advertise ents.
Pl!rsuant to Section
286.0105, Florida
Sta~tes, notice is given
that If a pe/'S()ndecided 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, he may
need to ensure that a ver-
batim record of the pro-
ceedings is made, which
record includeS the testi-
mo.ny.and evidence upon
which the appeal Is to be
based.Copies'ofthe
above-referenced ordi-
narn;;e are available for
. review at the various
pUblic-lil:lraries in Monroe
County, Florida.
Dated at KeYWest,
Florida, this 24th day of
March,2oo3.
/'
e this
DANNY L. KOLHAGE
Clerk of the Circuit Co~rt
and,ex offiCio Clerk of the
Board of County
Commissioners of
Monroe County, Florida
(SEAL)
Pubfish: 0312103.
03128103
The Reponer
Tavernier. FL 33010
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