Ordinance 023-2018 ORDINANCE NO. 023 -2018
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
CREATING A NEW SECTION 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 ( "the
Board "), Florida, is authorized by Article VIII of the Florida Constitution and Chapter
125, Florida Statutes, to adopt ordinances not inconsistent with general law; and
WHEREAS, the Board, as the 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 Board 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; and
WHEREAS, the Board 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
WHEREAS, the Board has adopted the County Administration Law as more fully set
forth in F.S. 125.74 and Section 2 -58 of the Monroe County Code; and
WHEREAS, the County Administrator is vested with the authority set forth in F.S.
125.74(1)(g) to "supervise the care and custody of all county property;" and
WHEREAS, the Courts 1 have held that in order to satisfy the Due Process Clause of
the U.S. Constitution, a government entity must provide the required notice and an
opportunity for a hearing at a meaningful time and in a meaningful manner once a
deprivation of one's rights has occurred;
1 Catron v. City of St. Petersburg, 658 F.3d 1260 (2011), quoting Cleveland Bd.. Of Educ. V. Loudermill,
470 U.S. 532;105 S_ Ct. 1487, 1493, 84 L.Ed.2d 494 (1985).
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. The new Section shall be created to read as follows:
Trespass warnings; authorization to issue trespass warning for public property; and
appeal process.
(a) Scope. For purposes of this ordinance, the term "County facility" shall mean any parcel of
property owned or leased by the County, including but not limited to government centers,
vacant parcels, fire stations, libraries, parks, and beaches. A "County facility" does not
include a County maintained right -of -way.
(b) The County Administrator and any County employee designated by the County Administrator
to have control over a County facility 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 sheriff, if said violation is committed while on
or within a County facility for the specific property where the violation occurred.
(c) When no County employee designated by the County Administrator is present at a
facility, the Sheriff and his deputies, or any state or municipal law enforcement
officer present 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 for the specific facility where the violation occurred.
(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 facility.
The written trespass warning shall advise of the right to appeal and the manner for filing
the appeal.
(f) Any person found on or within any County facility in violation of a trespass warning may
be arrested for trespassing, except as otherwise provided in this section.
(g) The County Administrator 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.
Page 2 of 5
(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.
SECTION 2. 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.
(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 the County Administrator or his designee.
(4) Within five (5) business days following the filing of the appeal, the County
Administrator or his designee shall schedule a hearing. Notice of the hearing shall
be provided to the appellant by:
a. Written notification sent to an address provided by the individual to
the County Administrator; and
b. Posting the notice at the Monroe County Administrator's Office;
c. If appellant cannot be reached by mail, then notice posted at the County
Administrator's office shall be sufficient.
(5) The County Administrator or his designee 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) At his or her own expense, the appellant 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.
Page 3 of 5
(8) The County Administrator or his designee 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 a preponderance of the 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 County Administrator or
his designee shall review the evidence presented and determine if the trespass
warning was properly issued pursuant to the criteria of this section.
(11) Within five (5) business days of the hearing, the County Administrator or his
designee 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.
(12) The decision of the County Administrator or his designee 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.
(13) The trespass warning shall remain in effect during the appeal and review
process, including any judicial review.
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 or invalid 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 renumbered appropriately
to conform with the uniform numbering system of the Monroe County Code.
SECTION 6. 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.
Page 4 of 5
,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 19 day of September, 2018.
Mayor David Rice Yes
Mayor Pro Tem Sylvia Murphy Yes
Commissioner Danny Kolhage Yes
4 6 \ Commissioner Heather Carruthers Yes
'� N C ommissioner George Neugent Yes
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c Et7Y%'I �P BOARD OF COUNTY COMMISSIONERS
° ''' J , MADOK, Clerk OF MONROE COUNTY, FLORIDA
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By: By:
Deputy Clerk Mayor /Chairperson
MO ROE COUNTY ATTORNEY'S OFFICE
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jjj P S PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE: Cl' ZS ° l
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Page 5 of 5
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KEY WEST
0
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800, Key West FL 33041 r RECEIVED
P: (305) 292 -7777 ext. 219 F: (305) 295 -8025
legals @keysnews.com AUG 3 0 2018
MONROE COUNTY ATTORNEY
502 WHITEHEAD ST REAR MONROE COUNTY ATTORNEY
KEY WEST FL 33040 -6573
i
Account: 137379 Ticket: 249720 .
1; .. -
PUBLISHER'S AFFIDAVIT •
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER NOTICE OF INTENTION TO CONSIDER
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM NOTICE IS HEREBY GIVEN TO WHOM
IT MAY CONCERN that on September IT MAY CONCERN that on September
Before the undersigned authority personally appeared 19, 2018 at 3:00 P.M., or as soon there- af r s as may y :00 RM.,
hea in as soon there- after as may be heard, in the Murray . Nr s mGo be heard, in the Murray r0
Y Y E. Nelson Government Center, 102050
f-/ I r.. t^ (-0■X) t C h E. Nelson Government Center, 102050 Overseas Highway, Key Largo, Monroe
who on oath says that he or she is Overseas Highway, Key Largo, Monroe County, Florida, the Board of County
County, Florida, the Board of County , _ Commissioners of Monroe County, Flor-
•1
L Commissioners of Monroe County, Flor- ida, intends to consider the adoption of
A? ( of the Key West Citizen, a daily news- ida, intends to consider the adoption of the•following County ordinance:
the following County ordinance:
paper published in Key West, in Monroe County, Florida; that the attached copy AN ORDINANCE OF THE BOARD OF
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MON-
of advertisment, being a legal notice in the matter of Public Hearing Ord creating COUNTY COMMISSIONERS OF MON- ROE COUNTY, FLORIDA CREATING SEC -
Sec. 17 -8 was published in said newspaper in the issues of: ROE COUNTY, FLORIDA CREATING SEC- TION 17 -8 OF THE MONROE COUNTY
TION 17 -8 OF THE MONROE COUNTY CODE; RELATING TO A SECTION ON
CODE; RELATING TO A SECTION ON CONDUCT SPECIFIC TO TRESPASSING
Wednesday, August 22, 2018 CONDUCT SPECIFIC TO TRESPASSING ON COUNTY PROPERTY AND PROVID-
ON COUNTY PROPERTY AND PROVID ING FOR AN APPEAL PROCESS; PRO -
ING FOR AN APPEAL PROCESS; PRO VIDING FOR SEVERABILITY; PROVIDING
VIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE MON-
Affiant further says that the Key West Citizen is a newspaper ublished in Key FOR INCORPORATION INTO THE MON ROE COUNTY CODE OF ORDINANCES;
Y Y published y ROE COUNTY CODE OF ORDINANCES; AND PROVIL -NG FOR AN EFFECTIVE
West, in said Monroe County, Florida and that the said newspapers has hereto- AND PROVIDING FOR AN EFFECTIVE DATE.
fore been continuously published in said Monroe County, Florida every day, and DATE.
has been entered as periodicals matter at the post office in Key West, in said
Pursuant ates, to Section i i 28 that if, person
Florida
P P Y Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person
Monroe County, Florida, for a period of 1 year next preceding the first publication Statutes, notice is given that if a person decides to appeal any decision made by
of the attached copy of advertisement; and affiant further says that he or she has the Board with respect decision made matter the Board with such hearings to any matter
ee
the Board with respect to any matter considered at such hearings or meet -
neither paid nor promised any person, firm or corporation any discount, rebate, considered at such hearings or meet- 1 ings, he will need a'record of the pro -
commission or refund for the ose ur of securing this advertisement for publica- ings, he will need a record of the pro- ceedings, and that, for such purpose,
P P g P ceedings, and that, for such purpose, he may need to ensure that a verba-
tion jn the Said e he may need to ensure that a verba- tim record of the proceedings is made,
// tim record of the proceedings is made, which record includes the testimony
which record includes the testimony and evidence upon which the appeal is
tr� and evidence upon which the appeal is to be based. .
(Signatur- iant
Si - : ° '� to be based.
S
�� ADA ASSISTANCE: If you are a person a who needs with a disability who needs special
accommod
Mp
Affirm- SU 4 ribed b - • - me this st day of August 2018
with disability whds special ,.ADA ations in order to partici-
g ; pate i ASSITANCE: If you are a person
n this proceeding, please contact
. '
-��� accommodations in order to partici- the County Administrator's Office, by
pate in this proceeding, please contact phoning (305) 292 -4441, between the
A,/ � ���� the County Administrator's Office, by hours of 8:30 a.m. - 5:00 p.m., no later
( Ot -' Pub c . - ,��- Si `— AsP' r phoning (305) 292 -4441, between the , than five (5) calendar days prior to the
r m., hours of 8:30 a.m. - 5:00 no later
p• scheduled meeting; if you are hearing
than five (5) calendar days prior to the or voice impaired, call "711".
y scheduled meeting; if you are hearin g
! FI, - or voice impaired, call "711". Dated at Key West, Florida, this 15th
(Notary Public Printed ame) (Notary S r ,,, day of August, 2018.
:Pe
� Dated at Key West, Florida, this 15th .
l day of August, 2018. KEVIN MADOK,
My commission expires �� z S :.... �;,t! KEVIN MADOK, and ex offic officio
Clerk of t
the Circuit
Board of
;
Clerk of the Circuit Court County Commissioners of Monroe
;, rrt r u u ��� County and ex officio Clerk of the oe Board
Monroe
Cdunty, Florida
Personally Known X Produced Identification _ Co
County, Florida 08/22/18 Key West Citizen
Type of Identification Produced 08/22/18 Key West Citizen
b �z =
Q N N -
GJ Z COURTS °
o:
Kevin Madok, CPA
.... Y1
Clerk of the Circuit Court & Comptroller — Monroe Count Florida
•R OE COUN
October 1, 2018
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 023 -2018 creating a new Section 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 in the
Monroe County Code of Ordinances; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on September 19, 2018. Should you have any questions,
please feel free to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: County Attorney
Facilities
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
RICK SCOTT
Governor
October 1, 2018
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 023 -2018, which was filed in this office on October 1,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR /lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us