Item Q9C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
August 15, 2018
Agenda Item Number: Q.9
Agenda Item Summary #4584
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305) 292 -3477
No
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider approval of an
ordinance creating a process to issue trespass warnings for Monroe County public property and
facilities and establishing an informal appellate process.
ITEM BACKGROUND: There have been issues with disruptive individuals on County facilities
including libraries, parks, beaches, and office buildings, which have required the issuance of trespass
warnings to individuals. Under current case law, due process requires that there be an established
protocol for the issuance of trespass warnings with a right to an informal administrative appeal
before an individual may be deprived of their right to use facilities which are open to the public. The
proposed ordinance establishes the protocols necessary to afford an individual due process while
also protecting the public, County employees, and County property from disruptive individuals.
Adoption of such an ordinance will permit the State Attorney to prosecute those who violate such
trespass warnings.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Trespass Ordinance (draft)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes
Grant:
County Match:
Insurance Required:
Additional Details: N/A
If yes, amount:
N/A
REVIEWED BY:
Bob Shillinger Completed 07/31/2018 5:50 PM
Kathy Peters Completed 07/31/2018 5:54 PM
Board of County Commissioners Pending 08/15/2018 9:00 AM
ORDINANCE NO. -2018
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
CREATING SECTION 17 -8 OF THE MONROE COUNTY
CODE; RELATING TO A SECTION ON CONDUCT
SPECIFIC TO TRESPASSING ON COUNTY PROPERTY
AND PROVIDING FOR AN APPEAL PROCESS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners of Monroe County ( "BOCC "),
Florida, is authorized by Article VIII of the Florida Constitution and Chapter I25, Florida
Statutes, to adopt ordinances not inconsistent with general law; and
WHEREAS, the Board of County Commissioners of Monroe County, as the legislative
and governing body of the County, enacted an ordinance authorizing Monroe County to create a
trespassing ordinance which provides for the issuance of trespass warnings, authorizes certain
parties to issue such warnings, and provides for an appeal process for those individuals who have
been trespassed and wish to appeal the decision; and
WHEREAS, the BOCC desires to provide an ordinance to protect the due process rights
of individuals who have been trespassed from any County property or facility, but still provide a
safe environment for the staff and patrons of such County property or facility.
WHEREAS, the Board of 'County Commissioners of Monroe County has determined
that it is in the best interests of the County to' provide 'as safe as possible all County property and
facilities for staff, citizens, patrons, and visitors to enjoy; and
NOW, THEREFORE, BE IT - ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 17 -8 shall be created to read as follows:
Trespass warnings; authorization to issue trespass warning for public property; and
appeal process.
(a) The County employees or Monroe County Sheriff's Office Deputy ( "Deputy "), or their
designees, having control over a County facility, building, or outdoor area, including but not
limited to, libraries, parks, and beaches, are authorized to issue a trespass warning to any
individual who violates any County ordinance, rule or regulation, or State law or lawful directive
of a County employee or deputy, which violation was committed while on or within a County
facility, building, or outdoor area, including but not limited to, libraries, parks, and beaches (but
excluding rights -of -way), for the specific property where the violation occurred.
(b) When no other County employee or Deputy having control over a County facility, building,
or outdoor area, including but not limited to, libraries, parks, and beaches is present, a Key West
Police Department officer is authorized to issue a trespass warning to any individual who
violates any County, or City ordinance, or State law which was committed while on or within a
County facility, building, or outdoor area, including but not limited to, libraries, parks, and
beaches (but excluding rights -of -way), for the specific property where the violation occurred.
(c) For the purpose of this section, rights -of -way shall include those sidewalks which are closest
to a paved street, provided that the street side edge of the sidewalk is within twenty (20) feet of
the curbline closest to the property.
(d) Trespass warnings shall be issued as follows:
(1) For the first violation, the individual may be issued a trespass warning for a period
not to exceed one (1) year.
(2) For a second or subsequent violation, the individual may be issued a trespass
warning for a period not to exceed two (2) years.
(e) A copy of the trespass warning shall be provided by mail or hand delivery to the individual
and to the County employee or Deputy having control over the County park, beach, facility,
building, or outdoor area. The written trespass warning shall advise of the right to appeal and the
location and telephone number for filing the appeal.
(f) Any person found on or within any County facility, building, or outdoor area, including but
not limited to, libraries, parks, and beaches, in violation of a trespass warning may be arrested for
trespassing, except as otherwise provided in this section.
(g) The County employee or Deputy having control over a County facility, building, or outdoor
area, including libraries, parks, and beaches may authorize an individual who has received a
trespass warning to enter the property or premises to exercise his or her First Amendment rights
if there is no other reasonable alternative location to exercise such rights or to conduct necessary
County business. Such authorization must be in writing, shall specify the duration of the
authorization and any conditions thereof, and shall not be unreasonably denied.
(h) This section shall not be construed to limit the authority of any County employee or Deputy
to issue a trespass warning to any person for any lawful reason for any County property,
including rights -of -way when closed to general vehicular or pedestrian use, when necessary or
appropriate in the sole discretion of the County employee or Deputy.
(1) Appeal of trespass warning. A person to whom a trespass warning is issued under this
section shall have the right to appeal as follows:
(1) An appeal of the trespass warning must be filed, in writing, within three (3) business
days of the issuance of the warning, and shall include the appellant's name, address, and
phone number, if any. No fee shall be charged for filing the appeal.
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(2) The appeal shall be filed at the Office of the Monroe County Administrator, located at
1100 Simonton Street, Suite 205, Key West, Florida 33040.
(3) Appeals shall be heard by a Hearing Master which the County designates or contracts
with to provide this service.
(4) Within five (5) business days following the filing of the appeal, the Hearing Master
shall schedule a hearing. Notice of the hearing shall be provided to the appellant in one
(1) of two (2) ways:
a. By leaving or posting the notice at the information desk of the Monroe County
Administrator at the address noted above, or
b. By telephone, if a telephone number has been provided. If appellant cannot be
reached by telephone, then notice at the information desk shall be sufficient.
(5) The Hearing Master shall hold the hearing as soon as possible. In no event shall the
hearing be held sooner than seven (7) days following the filing of the appeal and no later
than fifteen (15) days from the filing of the appeal.
(6) Copies of documents in the County's control which are intended to be used at the
hearing, and which directly relate to the issuance of the trespass warning to the appellant,
shall be made available upon request to the appellant at no cost.
(7) The appellant and the County shall have the right to attend with an attorney, the right
to testify, to call witnesses, to cross - examine witnesses and to present evidence. The
appellant shall have the right to bring a court reporter, at their own expense.
(S) The Hearing Master shall consider the testimony, reports or other documentary
evidence, and any other evidence presented at the hearing. Formal rules of evidence shall
not apply, but fundamental due process shall govern the proceedings.
(9) The County shall bear the burden of proof by clear and convincing evidence that the
trespass warning was properly issued pursuant to the criteria of this section.
(10) If the appellant fails to attend a scheduled hearing, the Hearing Master shall review
the evidence presented and determine if the trespass warning was properly issued
pursuant to the criteria of this section.
(l 1) Within five (5) business days of the hearing, the Hearing Master shall issue a written
decision on the appeal which shall be mailed to the appellant at the address provided. If
no address is provided, a copy of the decision shall be posted at the information desk of
the Monroe County Administrator.
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(12) The decision of the Hearing Master shall be final and the appellant shall be deemed
to have exhausted all administrative remedies. Such decision may be subject to judicial
review in the manner provided by law by the appellant. The County may not appeal any
decision of the Hearing Master.
(13) The trespass warning shall remain in effect during the appeal and review process,
including any judicial review.
SECTION 2. 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 or invalid to any person, property or circumstances, such holding shall not
affect its applicability to any other person, property or circumstances.
SECTION 3. 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 4. 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 renumbered appropriately to
conform with the uniform numbering system of the Monroe County Code.
SECTION 5. TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be
filed with the Department of State and shall be effective 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 - day of , 2018.
Mayor David Rice
Mayor Pro Tern Sylvia Murphy.
Commissioner Danny L. KoIhage
Commissioner George Neugent
Commissioner Heather Carruthers
(SEAL)
ATTEST: KEVIN MADOK, Clerk
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ___. _..__ ._._._._
Mayor /Chairperson
4 MONFQE COUNTY ATTORNEY'S OFFICE
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ATRICIA WL;' Packet P 1946
ASSI8TANT COUNTY AT'TORN g'
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