Item P3C 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
September 19, 2018
Agenda Item Number: P.3
Agenda Item Summary #4594
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305) 292 -3477
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: 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 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:
8/15/18 (Q9) BOCC scheduled a Public Hearing for 9/19/18 in Key Largo, FL at 3:00 P.M. or as
soon thereafter as may be heard
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Notice of Intention to Consider Adoption of County Ordinance Trespass appeals process
Trespass ordinance (proposed final)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising Costs
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:
Patricia Eables
Completed
09/04/2018 3:05 PM
Bob Shillinger
Completed
09/04/2018 5:23 PM
Budget and Finance
Completed
09/04/2018 5:23 PM
Maria Slavik
Completed
09/04/2018 6:18 PM
Kathy Peters
Completed
09/04/2018 6:57 PM
Board of County Commissioners
Pending
09/19/2018 9:00 AM
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 19, 2018 at
3:00 P.M., or as soon thereafter as may be heard, in the Murray E. Nelson Government Center,
102050 Overseas Highway, Key Largo, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the adoption of the following County
ordinance:
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 FOR AN EFFECTIVE
DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision 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.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441,
between the hours of 8:30 a.m. - 5: 00 p.m., no later than five (5) calendar days prior to the scheduled meeting;
if you are hearing or voice impaired, call "711':
Dated at Key West, Florida, this 15 day of August, 2018.
KEVIN MADOK, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Wed) 8/22/18
ORDINANCE NO. -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' 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;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
' Catron v. City of St. Petersburg 658 RM 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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[Proposed Text Changes are presented with underline to indicate additions.]
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 mmoses of this ordinance, the term "County facility" shall mean any o
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 tree pass ygming-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.
(b) 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.
(c) Trespass warnings s hall 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
wa[ujn&kL a Rgigd exceed two (2) years.
(d) 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 Count facility. The written
trespass warning shall advise of the jj&ht to aRRqql and the manner for filing the appeal.
(e)-Any pMon 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.
(f) The County Administrator may authorize an individual who has received a trespass warning
to enter the property or REgmjaqLLo 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 sl2ecify the duration of the authorization and any
conditions thereof, and shall not be unreasonably denied.
(g) This section shall not be construed to limit the authority of any County employee or
to issue a trespass warning to any person for any lawful reason for any County _pro perty
including-Eights-of-way when closed to general vehicular or pedestrian use, when necessary r
appropriate in the sole discretion of the County employee or Deputy.
SECTION 2. Appeal of trespass warning. A Person to whom a trespass warnin is
Issued under this section shall have the right to appeal as follows:
(1) Ana eal of the trespass warning must be filed, in writing, within three ) 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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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 filin 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
hearinLy, 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.
U) At his or her own expense, the appellant shall have the right attend with an
attorney, the right to testify, to call witnesses, to cross-examine witnesses and jq pL esent
evidence. The appellant shall have the right-to bring a court reporter, at their own
expense.
(alThe County Administrator or his designee s hall 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 Zgvern-.-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.
OW-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 co l2y 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.
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 Tem Sylvia Murphy
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Commissioner Danny L. Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
(SEAL)
ATTEST: KEVIN MADOK, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Im
Mayor /Chairperson
MO OE COUNTY ATTORNEY'S OFFICE
t RqOVF,1D)AST FO M
PATRICIA EAGLES
ASSISTANT COUNTY ATTORNEY
DATE:
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