Ordinance 028-2018 ORDINANCE NO. 028 - 2018
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
2-429 OF THE MONROE COUNTY CODE; CLARIFYING
THAT VOTING CONFLICTS DO NOT APPLY TO EX-
OFFICIO MEMBERS OF ADVISORY BOARDS;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in 2009 the Board of County Commissioners created Section 2-429 Voting
conflicts; members of advisory and quasi-judicial boards of the Monroe County Code ("Code")
when it approved Ordinance No. 014-2009, which imposed more stringent voting conflicts than
F.S. 112.3143 by creating a voting conflict for members of advisory board who are also members
of outside organizations (including both non-profit and for-profit companies); and
WHEREAS, when an advisory board member sits on an advisory board due to their ex
officio status as a government official, e.g., Mayor of Monroe County or Designee, it is not the
intent of the ordinance to impose a voting conflict in such scenarios; and
WHEREAS, when elected government officials sit on advisory boards unrelated to their
government position, i.e. as a citizen or member of the public which is unrelated to their elected
position, a voting conflict would exist under the circumstances as set forth in Sec. 2-349 of the
Code; and
WHEREAS, in order to clarify the intent of the ordinance, the language in the Code is
being revised as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 2-429 shall be amended to read as follows:
(a) No members of any board performing quasi-judicial functions and/or members of an
advisory board, except when the advisory board member sits on the advisory board
due to his or her ex officio status as a government official, shall vote on any matter
presented to an advisory board or quasi-judicial board on which the person sits if the
board member will be directly affected by the action of the board on which the
member serves or the board member has any of the following relationships with any of
the persons or entities appearing before the board: (i) officer, director, partner, of
counsel, consultant, employee, fiduciary or beneficiary; or (ii) stockholder,
bondholder, debtor or creditor.
Page 1 of 2
(b) Any such contract, agreement or business engagement entered in violation of this
section shall render the transaction voidable at the election of the Monroe County
Board of County Commissioners.
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 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 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: 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 ME5nroe Cciiity„,
Florida, at a regular meeting of said Board held on the 19th day of December, 2010 c- o '
;.ur ri r
:Dry,rn c�
Mayor Sylvia Murphy Yes +
Mayor Pro Tern Danny ra Danny Kolhage Yes .,._ -o
hoc:p0,2" , Commissioner Michelle Coldiron Yes }'"�
<�f0: ti;commissioner Heather Carruthers Yes �?
(Sr 4= J�
73
it `t�" �?, t 4mmissioner David Rice Yes r Co
u
,,AVoly\
,.(SE,t-,:ilv-4-;:-:;,,-,,,,\: ,:4,,,:01,
AL), , ,j,f• BOARD OF COUNTY COMMISSIONERS
°AttestiK1VIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
By 6-7By
Deputy Clerk /Ma or Sylvia Murphy .
MONROE COUNTY ATTORNEY
CJth '
,r�`�II S 0R�M:
eD1 Ic . � 6"Xt1ni 0
CHRISTINE LIMBERT-BARROWS
ASSISTANT CO ATT RNEY
DATE: I
,
Page 2 of 2
- --7 ' KEY WEST
,
1 . , N
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO ADMIN/BOCC RECEIVED
THE HISTORIC GATO BUILDING DEC 05 2018
1100 SIMONTON ST SUITE 2-205
KEY WEST FL 33040 MONROE COUNTY ATTORNEY
Account: 143331 Ticket: 266085
DbI Notice .
PUBLISHER'S AFFIDAVIT .
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER
NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE • • . - ,
NOTICE IS HEREBY GIVEN TO WHOM
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on December
the undersigd authoritypersonallyappeared IT MAY CONCERN that on December 19,2018 at 3:00 P.M.,or as soon there-
Before pP 19,2018 at 3:00 P.M.,or as soon there- ; after'as may be heard, in the Com-
after as may be heard, in the Corn- mission Chambers, Murray E. Nelson
`� y/� y mission Chambers, Murray E. Nelson Government Center, 102050 Overseas
I I C,( who on oath says that he or she is Government Center, 102050 Overseas I Highway, Monroe County, Florida,
Highway, Monroe County, Florida, the Board of County Commissioners
/1 the Board of County Commissioners of Monroe County,Florida, intends to
a leKey of the West Citizen, a dailyof Monroe County,Florida, intends to consider the adoption of the following
consider the adoption of the following County ordinance:
newspaper publish d in Ke est,in Monroe County, Florida;that the attached County ordinance: '
AN ORDINANCE OF THE MONROE
copy of advertisment,being a legal notice in the matter of AMENDING SECTION AN ORDINANCE OF THE MONROE -COUNTYBOARDOFCOUNTYCOMMIS-
COUNTY BOARD OF COUNTY COMMIS- SIONERS AMENDING SECTION 2-429 OF
2-429 was published in said newspaper in the issues of: SIONERS AMENDING SECTION 2-4290F THE MONROE COUNTY CODE; CLAR-
THE MONROE COUNTY CODE; CLAR- IFYING THAT VOTING CONFLICTS'DO•
✓Wednesday, November 28, 2018 IFYING THAT VOTING CONFLICTS DO NOT APPLY TO EX-OFFICIO MEMBERS
Y NOT APPLY TO EX-OFFICIO MEMBERS OF ADVISORY BOARDS; PROVIDING
OF ADVISORY BOARDS; PROVIDING FOR•REPEAL OF ALL ORDINANCES IN-
FOR REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MON-
CONSISTENT HEREWITH; PROVIDING
Affiant further says that the Key West Citizen is a newspaper published in Key ROE COUNTY CODE OF ORDINANCES;
FOR INCORPORATION INTO THE MON-
West, in said Monroe County, Florida and that the said newspapers has hereto- ROE COUNTY CODE OF ORDINANCES; DATE?ROVIDING FOR AN EFFECTIVE
fore been continuously published in said Monroe County, Florida every day, and AND PROVIDING FOR AN EFFECTIVE
has been entered as periodicals matter at the post office in Key West, in said DATE. Pursuant to Section 286.0105, Florida
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 decides to appeal any decision made by
of the attached copyof advertisement; and affiant further says that he or she has Statutes,notice is given that if a person the Board with respect to any matter
Y decides to appeal any decision made by considered at such hearings or meet-'
neither paid nor promised any person,firm or corporation any discount, rebate, the Board with respect to any matter ings,he will need a record of the pro-
commission or refund for the purpose of securing this advertisement for publica- considered at such hearings or meet- ceedings, and that,for such purpose,
ings,he will need a record of the pro- he may need_toensure that a verba-
tion in t said new ceedings, and that, for such purpose, tim record of the proceedings is made,
he may need to ensure that a verba- , which record includes the testimony
tim record of the proceedings is made, ' and evidence upon which the appeal is,
which record includes the testimony I to be based. ' .
Sign re of Affiant t and evidence upon which the appeal is
to be based. ADA ASSISTANCE:If you are a person
with a disability who needs special
Affi • ed-nirbseri-:r sefore me this day of November 2018 ADA ASSISTANCE:If you are a person ; accommodations in order to partici-
with a disabilitywho needs special • pate in this proceeding,please contact
�� / % accommodations in order to partici- ' the County Administrator's Office, by
�� ��' �� _ pate in this proceeding,please contact i phoning(305)292-4441;between the
the County Administrator's Office, by hours-of 8:30 a.m.-5:00 p.m.,no lat-
(Rol- Odic Sign- ure) r phoning(305)292-4441, between the er than five(5)calendar days prior to
���``iiiii.� hours of 8:30 a.m.-5:00 p.m.,no lat- the scheduled meeting;if you are hear-
O.' � ,�/�j�j� 4` ►1t'�yf/; er than five(5)calendar days prior to ing or voice impaired, call"711". Live
/�� 1A t //L�'�_ N • the scheduled meeting;if you are hear- Closed Captioning is available via our
web portal S http://moriroecountyfl.
(Notary Publ'c Printed Name) (Note',?:-^,!` ing or voice impaired,i call"711".Live i m2.com for meetings of the Mon-
"., Closed Captioning is available via our - g
$ '�• .h web portal S http://monroecountyfl. ' roe County Board of County Commis-
My commission expires �� - y�yipr pall`'' iqm2.com for meetings of the Mon- stoners.
roe County Board of County Commis Dated at Key West, Florida,this 20th
L stoners. day of November,2018.
Personally Known X Produced Identification_ p �D Dated at Key West, Florida,this 20th •
KEVIN MADOK, Clerk of
g 1ff
day of November,2018. the Circuit Court and ex officio Clerk of
Type of Identification Produced R KEVIN MADOK, Clerk of the Board of County Commissioners of
YP C Monroe County,Florida
CZ the Circuit Court and ex officio Clerk of
06 CI) the Board of County Commissioners of 1128/18 Key West Citizen
C Monroe County,Florida
a . 11/28/18 Key West Citizen
b Ka c-afV
j CD
i
S
WEEKL .
WWW.KEYSN'EEKLY.COW.
NOTICE OF INTENTION he may need to ensure.
TO CONSIDER that a verbatim record of
Published Weekly ADOPTION OF COUNTY the proceedings is made,
Marathon, Monroe County, Florida ORDINANCE which record includes the
•
.testimony-and evidence
NOTICE IS HEREBY upon which the appeal is
PROOF OF PUBLICATION GIVEN TO WHOM IT to be based.
MAY CONCERN that ADAAS515TANCE If '
on December 19, you are a person with
STATE O F FLORIDA 2o�s at 3:00 P.M.,or a disability who needs '
COUNTY OF MONROE as soon thereafter as special accommodations in ,
may be heard,in the order to participate in this RECEIVED
Before the ne undersigd authority • Commission Chambers,
- proceeding,please contact
personally appeared JASON KOLER who . Murray E.Nelson • the County Administrator's
Government Center, , Office,by phoning(305) DEC 0 5 2018
on oath, says that he is PUBLISHER of 102050 Overseas j 2924441,between the _--
the WEEKLY NEWSPAPERS, a weekly CountyyFlorida,Monroe . hours of8:30a.m.-5:00 MONROE COUNTY ATTORNEY
ve
newspaper published in Marathon, in the Board of County p.m.,nno laterrdaysprior
Commissioners of (5)calendar days prior to
Monroe County, Florida: that the the scheduled meeting;if
attached copyof advertisement was Monroe County,Florida, you are hearing or voice _ ___
intends to consider the impaired,call"711':Live
published in said newspaper in the adoption of the following Closed Captioning is
issues of: (date(s) of publication) County ordinance: available via our web portal
/ h AN ORDINANCE OF
/ @ http://rnonroecountyff
o Ve`� /Cl,.e r 2 Y /P/f THE MONROE COUNTY ihm2.com for meetings of
I r ++cc the Monroe County Board
BOARD OF COUNTY of County Commissioners.
COMMISSIONERS
AMENDING SECTION
2-429 OF THE MONROE Dated at Key West, .
Affiant further says that the said WEEKLY COUNTY CODE; • Florida,this 20h day •
NEWSPAPERS is a newspaper published CLARIFYING THAT - of November,2018.
VOTING CONFLICTS
at Marathon, 'in -said Monroe County, DO NOT APPLY TO EX KEVINMADOK,.Clerkof
Florida,and th-at the said newspaper has ' OFFICIOMEMBERSOF the Circuit Court
ADVISORY BOARDS; and ex.officio Clerk of the
heretofore been continuously published ; PROVIDING FOR REPEAL Board of County
In said Monroe County, Florida, once OF ALL ORDINANCES Commissioners of . `
each week (on Thursday) and has been INCONSISTENT ' Monroe County,Florida
HEREWITH;PROVIDING
qualified as a second class mail matter at FOR INCORPORATION publish:November
INTO THE
the post office in Marathon, In Monroe COUNTY CODE OFE 29,2018
County, Florida, for a period of one year I ORDINANCES;AND
PROVIDING FOR AN- The Weekly Newspapers
next preceding the first publication of EFFECTIVE DATE.
the attached copy of advertisement.The -
affiant further says that he has neither Pursuant to Section
286.0105,Florida Statutes;
paid nor promised any person, firm, or notice is given that ifa
corporation any discount, rebate, person decides to appeal :
any decision made by the
commission or refund for the purpose of Board with respect to any
securing this advertisement for matter considered at such
hearings or meetings,
publication in the said newspaper(s)and he will need a record of
that The Weekly Newspapers is in full the proceedings,and
compliance with Chapter 50 of the that,for suchpurpose,
Florida State Statutes on Legal and
Official Advertisements.
orn an s bscribed before me
is �?d off 2018.
.iQ`5'rv't -: CHARLOTTE HRUSKA
(SEAL) Li -4 .t=. MY COMMISSION 8GG221835
.......4
'( '" i .
I' EXPIRES:September 1,2022
�` .;; `��. Bonded Thru Notary Public Underwrites
Notary
a
Marathon•Sunshine KeyBig Pine Key•No Name Key•Little,Middle&Big.Torch Key.Ramrod KeySummerland KeyCudjoe Key•Sugarloaf Key
1\t' " e, /.v/- ,s. �% q S/` s" '�/ ,� ;�/ F ' 6D t; �dy� rf/, i ,i � � 0
30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043
Phone: 305-872-0106 Fax: 305-515-2939 r RECEIVED
AFFIDAVIT OF PUBLICATION DEC 13 2018
STATE OF FLORIDA MONROE COUNTY ATTORNEY
COUNTY OF MONROE
Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the
Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Pine Key,
Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter
of:
NOTICE OF INTENT TO ADOPT COUNTY ORDINANCE: CLARIFYING VOTING CONFLICTS:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET #2-205,
KEY WEST, FL 33040 .
was published in said newspaper in the issue(s) of:
November 30, 2018
Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in
said Monroe County, Florida and that said newspaper has heretofore been continuously published in
said Monroe County, Florida each week and has been entered as first-class mail matter at the post
office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first
publication of the attached copy of advertisement; and affiant further says that she has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur-
pose of securing this advertisement for publication in said newspaper.
Signature of Affiant
Sworn and subscribed before me this 4TH day of December, 2018
(a51../k < 7� . 7
Signature of Notary Printed Name`of Notary
Expires ' I r 1 - X a l
Personally Known `...----- Produced Identification
Type of Identification Produced -
;?:q!':( c, RAINEY THOMPSON
L41 : MY COMMISSION#GG 160760
: in *=
.r7 `, EXPIRES:November 15,2021
?FOF F;°" Bonded Thru Notary Public Underwriters
,
NOTICE OF INTENTION TO CONSIDER
.ADOPTION OF:COUNTY ORDINANCE. • -
NOTICE IS:HEREBY-GIVEN TO WHOM IT MAY,CONCERN that on December-19,2018 at 3:00
,
-
'KM.'or as soon thereafter as may be heard;in the Commission Chambers,Murray E Nelson:
Government Center,102050 Overseas Highway, Monroe County, Florida, the Beard-of County
Commissioners'of Monroe County,Florida,,intends to consider the adoption of the following County
ordinance:
- •
- I •
AN ORDINANCE OF THE MONROE COUNTY BOARD.OF
,
I - COUNTY COMMISSIONERS'AMENDING. SECTION 2-429
I • OF THE MONROE COUNTY CODE; CLARIFYING.THAT
_ VOTING CONFLICTS DO NOT APPLY TO .EX=OFFTC/0
- MEMBERS, OF ADylsoRY. BOARDS, 'PROVIDING FOR -
' REPEAL OF ALL -ORDINANCES INCONSISTENT
. • HEREWITH' PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES, AND . .
PROVIDING FOR AN EFFECTIVE DATE:
. .
Pursuant to.Section 286.010,Florida 8tatutes, notice is given that if a person decides to appeal any
decision made by the-Board with respect to any matter considered ausuch 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 proceedingsris;made,which record includes the testimony and evidence upon which the appeal is'.
to.'be•based_ •
i • -
4D4:ASSISTANCE you are a'parson with a disability who 0011k special accoinawdations in order to
participate in this proceeding,ileake.edatactibe CoantyAdministratoes•Office,by phatiing 00.9:2024441,,
between the hours of-0130 a.m.-Si00,p.m.,nolater than five(5)calendar days prior to the scheduled meeting
ifyon are hearing or voice unpaired,Oalt`711".Live gaeg_Capribbiagti availablevat our web portal®
ititpiihnithradeaaitifetimi2.com for olOting*Oftfialtlapkee County Board of County Commissioners '
Dated at'Key West,Florida,this.2011day Noveitiber,:20113.
KEViN MADOK,Clerk Oth0 Circuit Court
(SEAL) • -and ON'officio'Clerk of the Board of Count'
Commissioners Of Monroe coolity,Florida • -
•
•
- :
December 26, 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. 028-2018 amending Section 2-429 of the
Monroe County Code; clarifying that voting conflicts do not apply to ex-officio members of
advisory boards; providing for repeal of all Ordinances inconsistent herewith; providing for
incorporation into 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 December 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 Administrator
County Attorney
BOCC
File
RICK SCOTT KEN DETZNER
Governor Secretary of State
December 26, 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:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 028-2018, which was filed in this office on December
26, 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.fl.us