Item R1*3:00 P.M. Public Hearing
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUNEMLARY
Meeting Date: January 1 f , 2013 -- Ivey west
Bulk Item: Yes No X
Department:, County Attorney_
Staff Contact Person: Christine Limbert-B arrows
AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance amending
Monroe County Code Section 26-1, to reinsert the definition for "Commercial Lobster Season" that
was inadvertently omitted upon adoption of ordinance 002-2011 on 111912011, to amend definition of
"manmade water body" and "improved residential and commercial shoreline"; amending Section
26-96 adding language to provide for enforcement of this section in incorporated and unincorporated
Monroe County to the extent that no conflict exist with a municipal ordinance; and deleting Section
26-98(c) to remove the sunset date of 8/31/2012 to continue the prohibition against diving or
snorkeling in any manmade water body or marina, or within 300 ft. of an improved residential or
commercial shoreline beginning three (3) days prior to the opening of and during the entirety of the
lobster mini -season and for the first five (5) days of commercial lobster season.
ITEM BACKGROUND: On 12/15/2010 in response to complaints and concerns regarding public
safety, the BOCC adopted ordinance No. 038-2010 expanding the prohibition against diving or
snorkeling in any manmade water body or marina, or within 300 ft. of an improved residential or
commercial shoreline beginning 3 days prior to the opening of and during the entirety of the lobster
mini -season and for the first 5 days of commercial lobster season, providing a definition of
"Commercial Lobster Season" and a sunset date of 8/31/12. On 1/19/2011, the BOCC adopted
Ordinance No.002-2011 which inadvertently omitted the definition of "Commercial Lobster Season"
adopted by the BOCC on 12/15/2010. On 8/15/2012, the BOCC authorized the County Attorney to
bring the Ordinance back to the Commission to revisit to allow staff time to identify and/or address
any possible conflicts with existing municipal ordinances related to enforcement in incorporated and
unincorporated Monroe County.
PREVIOUS RELEVANT BOCC ACTION:
12/17/2003 ordinance No. 044-2003 prohibiting diving/snorkeling in any manmade water body or
marina or within 300 ft. of an improved residential or commercial shoreline during the entirety of the
2-day sport season for spiny lobster
6/18/2003 ordinance No. 020-2003 further defining "navigable canal" and "man-made water body"
2/ 19/2003 ordinance No. 003-2003 Established "No Discharge 'one" (see Exhibit A - Map)
11 /20/2010 BOCC approved advertising Public Hearing for 12/15/2010 at 3 pm in KL
12/15/2010 BOCC adopted ordinance No. 038-2010
1/19/2011 BOCC adopted ordinance No. 002-2011 (GMD) which inadvertently omitted the definition
of "Commercial Lobster Season " created per Ordinance No. 038-2010 adopted 12/15/2010
8/31/2012 Sec. 26-98, MCC sunset pursuant to ordinance No. 038-2010
8/15/2012 BOCC authorized the County Attorney to bring the Ordinance back to the BOCC to revisit
11/20/12 BOCC approved Public hearing for 12/12/12 at 3:00 P.M. in Marathon, FL
CONTRACT/AGREEMENT CHANGES.
Amends Sec. 26-1 Reinserting the definition of "Commercial Lobster Season" that was inadvertently
omitted from the Code upon adoption of ordinance 002-2011; clarifying definition of "manmade
water body" and "improved residential and commercial shoreline"
Amends Sec. 26-96. Adds language to provide and further clarify the intent and purpose of the
ordinance and to provide for enforcement in incorporated and unincorporated Monroe County to the
extent that no conflict exists with a municipal ordinance.
Deletes Sec. 26-98 c : Removes sunset date of 8/31/ 12.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Advertise cost INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
OUNTY o MONROE
KEY WET oFFLORDA 33040
(305) 294-4641
Robert B. Shillinger, County Attorney**
Pedro J. Mercado, Assistant County Attorney **
Susan M. Griimley, Assistant County Attorney**
Natileene W. Cassel, Assistant County Attorney**
Cynthia L. Hall, Assistant County Attorney **
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
Lisa Granger, Assistant County Attorney
Steven T Williams, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
To: Mayor & County Commissioners
Through: Bob Shillinger, County Attorney
10ARR PE CQUNTY C0MM=0N9U
Mayor George Neugent, District.2
Mayor Pro Tern, Heather Carruthers, District 3
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
Office of the County Attorney
1111 12'hStreet, Suite 408
Key West, FL 33040
(305) 292-347 0 - - Phone
(305) 292-3516 — Fax
From: Aaron Rothenberg, Legal Fellow, Monroe County Attorney's Office
Date: 12/21/2012
Re: MEMORANDUM ON PREEMPTION ISSUES WITH ORDINANCE REGULATING DIVING IN
CANALS DURING OPENING OF LOBSTER SEASON
ISSUE: Whether the County has been pre-empted from adopting the proposed ordinance?
SHORT ANSWER*, No. The proposed ordinance is not intended to regulate the taking of lobster or
vessel safety, two areas which have been preempted by state law. Instead,, the proposed ordinance is
intended to protect the health, safety, and welfare of divers in high traffic areas and to protect private
property owners from the nuisance associated with increased traffic during periods of heightened boat
traffic due to lobster season.
ANALYSIS*, The proposed ordinance seeks to place limited temporal and location restrictions on diving
in certain manmade bodies of water. In short, it is a regulation designed to protection the health, safety,
and welfare of residents and visitors during days leading up to and during mini -lobster season and
during the first five days of the commercial lobster season. Generally, the County has wide latitude
under the home rule powers granted under Art. VIII, § I (f) of the Florida Constitution and chapter 125,
Florida Statutes, to adopt ordinances designed to protect the health, safety, and welfare of the
community provided that the subject matter of the ordinance is not pre-empted by State (or Federal) law.
See, e.g., Fillingham v. State, 446 So-2d 1099 (Fla. I't DCA 1984); see also, AGO 1992-86.
"A county cannot legislate in a field if the subject area has been preempted to the State." Phantom of
Brevard, Inc. v. Brevard County, 3 So.3d 309, 314 (Fla. 2008). "Preemption essentially takes a topic or
a field in which local government might otherwise establish appropriate local laws and reserves that
topic for regulation exclusively by the legislature." Id.
Whether or not a field of law has been preempted by the state legislature comes down to the actual
words and intent of the statute or regulation at issue. There may be express preemption or implied
preemption, as well as a general conflict of laws. Express preemption requires a specific legislative
statement detailing the intent to preempt. Implied preemption can be inferred without such a specific
statement of intent, simply by the nature of the regulation. A conflict of laws appears where the state
legislation and a local legislation cannot both be followed at once, leading to the state legislation
overriding the local legislation.
The Florida Legislature has expressly preempted the County from regulating the taping or possession of
saltwater fish, which includes spiny lobster. See, F.S. 379.2412. The Florida Fish and wildlife
Conservation (FWC) has adopted rules to further regulate this activity. See, F.A.C. 68-1.005. The
proposed ordinance seeks to regulate diving in certain locations during certain times of year during
which there is an increase in boat traffic, not the taking of saltwater fish so this ordinance is not pre-
empted by State law based upon F.S. 379.2412. The proposed ordinance has been drafted to abate the
destruction of property, deleterious environmental effects, and criminal trespass that results from
increased boat traffic and close proximity of divers to public and private property that arises during
mini -lobster season and at the beginning of the commercial lobster season - generally not applicable at
other times of the year.
Furthermore, the Legislature has also expressly placed some restrictions on the ability of local
governments to adopt ordinances regarding vessel safety. See, F.S. 327.50(1). while the Legislature
left local governments some ability regulate the safe operation of vessels, F.S. 327.60(2)&(3), no
analysis of those restrictions is required since the proposed ordinance does not intrude into that subject
matter. In short, the proposed ordinance would regulate diving, not vessels.
As more fully set forth in the proposed "whereas clauses" and legislative findings, the public safety
problems that constitute a public nuisance may be addressed by the Board by passing an ordinance to
protect and promote public health, safety and welfare. The ordinance also does not intend to interfere
with vessel safety regulations imposed pursuant to Chapter 327. Thus, the state regulations leave room
for Monroe County to act in order to address local issues, so long that the state regulation found in 68-
1.005, F.A.C. and F.S. 379.2412 are not violated.
IMPLIED PREEMPTION
The second type of preemption is implied pre-emption. As more fully set forth below, the proposed
ordinance prohibiting diving in certain bodies of water during a period of time during which unusually
high boat traffic is experienced does not meet the test for implied preemption; therefore the Commission
is free to legislate in this arena.
"Preemption is implied when the legislative scheme is so pervasive as to evidence an intent to preempt
the particular area, and where strong public policy reasons exist for finding such an area to be preempted
by the Legislature." Sarasota Alliance,for Fair Elections, Inc. v. Browning, 28 So.3d 880, 886 (Fla.
2010) (citations omitted). So, if local legislation would conflict with the pervasive regulatory scheme,
there would be preemption. Id.
There are three aspects to the determination of implied preemption. The nature of the power exerted by
the Legislature, the object sought to be attained by the statute at issue, and the character of the
obligations imposed by the statute. Id. The court must look to the law's provisions as a whole. Id.
Merely because a legislative scheme is detailed and comprehensive does not mean that the legislature
intended to occupy the field and preempt local action. Id. at 886-87. Notably, granting to local
authorities various powers runs contrary to an intent to preempt. In Sarasota, the court found that grants
of power to local authorities in various aspects of the state election law evinced an intent not to preempt
the field, despite a comprehensive and detailed regulatory scheme. Id. By giving local authorities
specific delegated powers, the Legislature clearly did not want to deprive the local government of all its
powers. Id. at 888.
Similarly, in Brevard, the court found that the legislation relating to the control of fireworks left room
for local counties to impose additional requirements so long that these new obligations did not conflict
with the state law. Brevard, 3 So.3d at 315. The county had simply decided to legislate where the state
had remained silent. This was not preemption or conflict. Id. The Brevard court found that the state
had intended to provide for a minimum level of protection for fireworks throughout the state and that the
additional requirement imposed by the county was valid as an extension of this policy (and not in
conflict).
Mere, the state's primary intended purpose, as stated in the regulation, is "to protect and conserve
Florida's spiny lobster resources, assure the continuing health and abundance of those resources, and to
provide for optimum sustained benefits and use from the resources for all the people of the state." Fla.
Admin. Code R. 68B-24.001. The powers exerted and restrictions imposed include: minimum size
limits (68B-24.003), licenses (68B-24.0035), bag limits (68B-24.004), importation requirements (68B-
24.0045), creation of seasons (68B-24.005), corer aercial requirements (68B-24.0055), device
requirements (68B-24.006), special provisions for certain zones (68B-24.0065), bans on harvesting
eggbearing lobster (68B-24.007 - .008), and other provisions (68B-24.007). The object and character of
68 B-24.001, F.A.C. apparent from the language and direction of the regulation, is to protect the lobster
population by placing limits on the time of harvesting, the amount of harvesting allowed, and the types
of lobsters that can be harvested.
The proposed county ordinance would limit the ability of persons to dive or snorkel in certain high boat
traffic areas in order to reduce potential public safety problems that arise during mini -season and during
the first five days of the regular season. This ordinance does not seem to be preempted by implication.
First, the ordinance operates to address heightened public safety problems that arise during this time and
does not conflict with the state" s purpose of "protecting and conserving Florida's spiny lobster
resources." The proposed ordinance's intent and purpose is "to abate the destruction of property,
deleterious environmental effects, and criminal trespass that results from the close proximity of divers to
public and private property ... in search of spiny lobsters . . . ." This purpose does not run contrary to
the state's intent in protecting the spiny lobsters and other marine life. In fact, such protection of the
canal ecosystem could only serve to sustain the resources therein.
Second, the absence of any direct preemption may evidence a legislative mindset articulated by the
Sarasota court that "it generally serves no useful public policy to prohibit local government from
deciding local issues." Sarasota, 28 So.3d at 887 (citation omitted). The problem of divers straying too
close to docks and other hazards inside of Monroe County canals is unique to the county; it is not a
statewide issue. Just as the election scheme in Sarasota allowed for local action in certain regards, the
state regulation of lobsters is silent as to the physical areas the regulation shall be applicable (throughout
the regulation, the terra "state waters" is used to describe the applicable area). As in Sarasota, this
statutory scheme undoubtedly recognizes that local governments are in the best position to make some
decisions for their localities. Id. at 888.
CONFLICT
Finally, a local ordinance may be preempted by state law if it is in conflict with state law. "Local
ordinances are inferior with the laws of the state and must not conflict with any controlling provision of
a statute." Brevard, 3 So.3d at 314 (citation omitted). This conflict becomes apparent when a local
ordinance cannot coexist with a state statute. In other words, the fallowing of one law would violate the
other. Id. 'This conflict can also exist between a federal law and state or local law. See, State v.
Harden, 938 So.2d 480 (Fla. 2006).
There is no conflict between the proposed ordinance and state law. In other words, following the
County ordinance would not place a person in violation of any State or Federal statute. In short, it is
possible to follow Federal and State law yet still abide by the terms of the proposed ordinance.
Accordingly, there is not conflict. The county has simply addressed a matter that is within the province
of local regulation that has not been contemplated by State or Federal legislation. See Brevard, 3 So.3d
at 315.
CONCLUSION
State law does not preempt the County Commission's legislative authority over diving within high boat
traffic areas of manmade bodies of water during the heightened boat traffic periods associated with mini
lobster season and the opening of the regular lobster season. Therefore, the County Commission is free
to legislate on this subject matter.
Sheliff
s!JssTATIoNS
Freeman Substation
20950 Overseas Hwy.
C•udljoe Key,14. 33042
(105) 745-3194
FAX (305) 745-3761
Marathon Substation
3103 Over%eas Hwy.
Marathon, 1-1, 33050
(305) 289-1430
FAX (305) 289-2497
lslamorada Substation
86800 Overseas Hwy.
lslamorala, F1, 33036
(305) 664-6480
FAX (305) 85?-5254
Roth Building
50 High Paint Road
Tavernier, IT, 33070
(305) 853-3211
FAX (305) 853-3205
DETENTION CENTERS
Key West Dct, (tenter
5501 College Road
Key West, 1.1.33040
(305) 291-7300
FAX (305) 293-7353
Marathon Det. Facility
3981 Ocean Terrace
Marathon, 1-1. 33050
(305) 289.2420
FAX (305) 289-2424
Plantation Het- Facility
53 High Point Road
Plantation Key, F1.33070
(305) 853-3266
FAX (305) 853-1270
SPECIAL OPERATION
P.O. Box 500975
Marathon, 11. 33050
(305) 289µ2410
FAX (305) 289-2498
AVIATION DIVISION
10100 Overseas Hwy.
M araftn, 11 33050
(305) 289-2777
FAX (305) 289-?776
COMMUNICATIONS
Monroe County Sheriff's Office
Robert P. Peryam, Sheriff
5525 college load
2(ry'West, Florida 33044
(305) 292-7000 FU.• (305) 292- 7070 1-800-2 73-COPS
wunw.keysso.net
To: Christine Limbert
From: Chief Lou Caputo
Date: 12/19/12
As you know we live in a unique place where millions of visitors come every
year to enjoy what we have to offer, such as sport fishing and recreational
diving. These normal activities in our community are increased during the
mini lobster season and at the start of the commercial lobster season. This
increased boat traffic and divers in the water has a direct impact on the quality
of life of our full-time residents. During the mini lobster season and at the start
of the commercial lobster season we see divers near shorelines with no dive
flags. We also see an increase in calls for services from our residents of
suspicious people on their property who are looking for lobsters. We see an
increase in boats violating the no wake zones throughout the county putting at
risk divers in the water and other vessel traffic. To combat these issues the
Sheriff s Office has to put additional resources on the water to try to beep both
our residents and visitors safe. Our agency would support enhanced
ordinances that would promote the safety and welfare of everyone while
enjoying water activities in the Florida Keys. Thank you for your help in
solving this issue.
2796 Overseas Hwy. KPqPR P
Marathon, Fl. 33050
(305) 289-2351 t t
FAX (305) 289-2493
ORDINANCE NO. - 2013
AN ORDINANCE BY THE BOARD OF COUNTY COMMIISSIONERS OF
MONROE COUNTY, FLORIDA AMENDING SEC, 26-1 TO INCLUDE
THE DEFINITION OF "COMMERCIAL LOBSTER SEASO "
INADVERTENTLY OMITTED FROM THE DEFINITIONS IN THIS
SECTION UPON ADOPTION OF ORDINANCE 002-2011 ON 1/19/2011;
AMENDING SEC, 26-96 TO PROVIDE FOR ENFORCEMENT OF THIS
SECTION IN INCORPORATED AND UNINCORPORATED MONROE
COUNTY, FLORIDA; DELETING SEC, 26-98(c) TO REMOVE THE
SUNSET DATE OF AUGUST 31, 2012 TO CONTINUE THE
PROHIBITION AGAINST DIVING AND SNORKELING IN ANY
MANMADE WATER BODY OR MARINA, OR WITIHN 300 FT, OF AN
IMPROVED RESIDENTIAL OR COMMERCIAL SHORLINE,
BEGINNING THREE (3) DAYS PRIOR TO THE OPENING OF AND
DURING THE ENTIRETY OF THE LOBSTER MINI -SEASON AND FOR
THE FIRST FIVE (5) DAYS OF COMMERCIAL LOBSTER SEASON;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners finds that the increased diver and boat
traffic in navigable canals, and within 300 feet of marinas, improved residential and commercial
shorelines three (3) days prior to the opening of and during the entirety of the lobster mini -season
and for the first five (5) days of commercial lobster season presents heightened public safety
problems not generally applicable at other times of the year; and
WHEREAS, the Board of County Commissioners finds and declares these public safety
problems constitute a public nuisance, detrimental to the community as a whole, due to the level
of policing and emergency services required to respond to accidents and collisions that occur
because of the close proximity of divers and vessel traffic in small areas; and
WHEREAS, F.S. 125.01(1)(t) authorizes the Board of County Commissioners to adopt
ordinances to exercise its powers and Art. g § 1(f) of the Florida Constitution also provides non -
charter counties with the power to enact ordinances not inconsistent with general or special law;
and
WHEREAS, by adopting this ordinance, the Board of County Commissioners does not
intend to regulate the taking or harvesting of spiny lobster and other marine life nor does the
Board intend to regulate vessel safety; and
WHEREAS, the Board of County Commissioners finds that a prohibition against diving
and snorkeling for three (3) days prior to the opening of and during the entirety of the lobster
mini -season and for the first five (5) days of commercial lobster season in manmade bodies of
water or within 300 feet of an improved residential or commercial shoreline does not intrude
1
upon the State of Florida 's jurisdiction over the taping or harvesting of spiny lobster and/or
other marine life and does not intrude upon the State's jurisdiction over vessel safety regulations;
and
WHEREAS, on December 15, 2010 the Board of County Commissioners adopted
Ordinance No. 038-2010 to expand the prohibition against diving or snorkeling in any manmade
water body or marina, or within 300 ft. of an improved residential or commercial shoreline,
beginning three (3) days prior to the opening of and during the entirety of the lobster mini -season
and for the first five (5) days of commercial lobster season with a sunset date of August 31,
2012; and
WHEREAS, the Board of County Commissioners intends to have uniformity among the
County and for this ordinance to be effective in incorporated and unincorporated Monroe County
to the extent that no conflict exist with a municipal ordinance pursuant to Art. VIII § 1(f) of the
Florida Constitution; and
WHEREAS, ordinance No. 038-2010 adopted by the Board on 12/ 10/2010 added a
definition of "Commercial Lobster Season" to Section 26-1, Monroe County Code; however, the
definition for "commercial Lobster Season" was inadvertently omitted from the definitions for
Sec. 26-1 upon adoption of ordinance No. 002-2011 on 1/19/2011 and subsequently is not
presently included in Sec. 26-1, Monroe County Code; and
WHEREAS, the definition of "manmade water body" is further clarified and "improved
residential and commercial shoreline" is also now defined herein to improve enforcement; and
WHEREAS, the Board of County Commissioners desires to continue the diving and
snorkeling prohibitions beginning three (3) days prior to the opening of and during the entirety of
the lobster mini -season and for the first five (5) days of commercial lobster season, as previously
set forth in ordinance No. 038-2012, and to provide enforcement throughout incorporated and
unincorporated Monroe County;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 26--1, Monroe County Code is hereby amended to include the following
definition of "Commercial lobster season" which was to be included upon adoption of
Ordinance No. 038-2010 on 12/ 10/2010 but was inadvertently omitted from the definitions in
this section upon adoption of Ordinance 002-2011 on 1/19/2011 and to further clarify.
"manmade water body " and add a definition for "improved residential or commercial
shoreline ":.
Sec. 26-1. Definitions.
Commercial lobster season means the period of time designated for harvestin�of
lobster, currently from August 6 through March 31 of the followingyear, authorized by
2
the Marine Fisheries Department of the Florida Fish and wildlife Conservation
Commission pursuant to Section 68B-24.005 Florida Administrative Cade as amended
from time to time.
Manmade water body means a water body that was created by excavation by mechanical
means under human control and shall include a canal, cut basin, or channel where its
edges or margins have subsequently been modified by natural farces.
(1) For the purposes of this chapter, such water bodies may have natural
components, for instance a channel or canal may have been dredged such
that the dredge material was used to create land on one side, but not the
other, thus Leaving a relatively natural shoreline on the opposite side.
(2) Also for the purposes of this chapter, the manmade water body must have
"buildings" or "structures" as defined in part II of this Code, along its
shoreline to be applicable. If buildings are not present on a given shoreline
on the date of adoption of the ordinance from which this section is
derived, but such buildings are constructed at a later date, then the
ordinance from which this section is derived becomes effective at that
time.
Imp ved residential or commercial shoreline means a• shoreline that hasa building or structure
within 300 feet of the edge of a body of water.
SECTION 2. Sec, 26-96, Monroe County Code is Hereby amended to read as follows.
Sec. 26-96. Intent and purpose.
The intent and purpose of this article is to protect and promote public health, safety and
welfare and abate the destruction of property, deleterious environmental effects, and criminal
trespass that results from the close proximity of divers to public and private property, as well as
from the interactions and explorations by divers of docks, piers, and bulkheads in search of spiny
lobster during the lobster mini -season and commercial lobster season. Such activities constitute a
public nuisance. This article shall be effective in both inco crated and unincglporated Monroe
County to the extent that no conflict exist with a municipal ordinance as provided in Arta VIIL§_
1(f) of the Florida Constitution,
SECTION 2. Sec. 26-98, Monroe County Code is hereby amended, deleting Sec. 26-98(c),
to read as follows:
Sec. 26-98. Diving and snorkeling prohibited.
(a) It is a public nuisance and is unlawful for any person to dive or snorkel in any manmade
water body or marina, or within 300 feet of an improved residential or commercial
shoreline beginning three (3) days prior to the opening of and during the entirety of the
lobster mini -season and for the first five (5) days of commercial lobster season.
(b) Nothing in this article shall prohibit diving incidental to vessel or dock maintenance,
provided the diver performing the maintenance lawfully displays a diver down flag and
otherwise complies with the requirements of F.S. ch. 327, or diving and snorkeling in
front of his or her property to the center line of the canal or 100 ft. of open water.
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SECTION 3, SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. 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 CODE OF ORDINANCES. The provisions of this ordinance
shall be included and incorporated into 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 tape effect 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 held on the day of January, 2013.
Mayor George Neugent, District 2
Mayor Pro Tem Heather Carruthers, District 3
Commissioner Danny Kolhage, District 1
Commissioner David Rice, District 4
Commissioner Sylvia Murphy, District 5
(SEAL) BOARD OF COUNTY CONMSSIONERS
Attest.: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
0
By
Mayor/Chairperson