Loading...
Item R5* 3:00 P.M. Public Hearing BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 18, 2015 -MAR Bulk Item: Yes No X Department: County Attorney Staff Contact: Bob Shillinger, 292-3470 AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance amending Sec. 2-110(3) and Sec. 2-111(c) of the Monroe County Code to update the County's reimbursement rates for subsistence (meals) and mileage. ITEM BACKGROUND: Pursuant to F.S. 112.061(14) (a)l., the BOCC can establish per diem, subsistence and mileage rates that differ from the rates set by state statute for state agencies by enactment of an ordinance or resolution. At the January 21, 2015 BOCC meeting, the Board directed staff to bring back an item to increase the mileage allowance rate to $0.53 cents (currently forty-four and one-half cents $0.445) and to return the subsistence (meal) allowance rates to Breakfast $6.50, Lunch $13.50 and Dinner $27.00 as set forth in Ordinance No. 004-2004. In 2008, due to the County's dire financial situation at the time, the Board adopted Ordinance No. 017-2008 which decreased the County's subsistence (meal) allowance rates to Breakfast $6, Lunch $11 and Dinner $19. Chapter 2. Article, III, Division 3. Travel, Per Diem, Meals and Mileage Policy of the Monroe County Code details the per diem, subsistence and mileage rates for the County. Any amendments to the Code must be made by Ordinance adopted by the Board at a noticed public hearing. This items seeks approval to advertise the public hearing for consideration of the proposed Ordinance to increase the mileage allowance rate to fifty-three cents ($0.53) and return the subsistence (meals) allowance rates to Breakfast $6.50, Lunch $13.50 and Dinner $27.00 as set forth in Ordinance No. 004-2004. PREVIOUS RELEVANT BOCC ACTION: 2/18/2004 adopted Ordinance No. 004-2004; 7/19/2006 adopted Ordinance No. 028-2006; 7/16/2008 adopted Ordinance No. 017-2008 1/21/2015 Board directed staff to bring item back to return subsistence (meal) allowance rates to the rates set forth in Ordinance No. 004-2004 and increase mileage allowance rate to fifty-three cents 2/18/15 BOCC approved a public hearing for 3/18/15 at 3:00 p.m. in Marathon, FL (P-4) CONTRACT/AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATIONS: Approval. TOTAL COST: Advertising Cost INDIRECT COST: BUDGETED: Yes No _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 ORDINANCE NO. - 2015 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING CHAPTER 2, ARTICLE III, DIVISION 3. TRA VEL, PER DIEM, MEALS AND MILEAGE POLICY OF THE MONROE COUNTY CODE BY AMENDING SECTION 2-110(3) TO RETURN THE SUBSISTENCE (MEALS) ALLOWANCE RATES TO THE RATES SET FORTH IN ORDINANCE NO. 004-2004 WHICH ARE BREAKFAST $6.50, LUNCH $13.50 AND DINNER $27.00; AMENDING SECTION 2-111(c), INCREASING THE MILEAGE ALLOWANCE RATE FOR USE OF PRIVATELY OWNED VEHICLES FOR OFFICIAL TRAVEL TO FIFTY-THREE CENTS ($0.53) PER MILE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Monroe County Code Chapter 2, Article III, Division 3. Travel, Per Diem, Meals and Mileage Policy sets forth provisions governing travel reimbursement for public officers, employees and authorized persons of Monroe County; and WHEREAS, Section 112.061(14)(a)l., Florida Statutes, allows counties to establish rates for per diem, subsistence (meals) and mileage allowances that exceed the rates set by statute for state agencies by enactment of an ordinance or resolution by the governing body; and WHEREAS, on February 18, 2004, the Board adopted Ordinance No. 004-2004 increasing the County's subsistence (meal) allowance rates to: Breakfast $6.50, Lunch $13.50 and Dinner $27.00; and WHEREAS, on July 16, 2008, due to the County's dire financial situation at the time, the Board adopted Ordinance No. 017-2008 reducing/returning the County's subsistence (meal) allowance rates to the statutory allowance rates set for State agencies which were: Breakfast $6.00, Lunch $11.00 and Dinner $19.00; and WHEREAS, pursuant to F.S. 112.061(6)(b), the current subsistence (meals) allowance rates set by statute for State agencies is: Breakfast $6, Lunch $11 and Dinner $19; and WHEREAS, on July 19, 2006, the Board adopted Ordinance No. 028-2006 increasing the mileage allowance rate for the use of privately owned vehicles for official business to forty- four and one-half cents ($ 0.445) per mile to be consistent with the State's 2006 increase in the mileage allowance rate for State agencies; and WHEREAS, pursuant to F.S. 112.061(7)(d)l.a., the current mileage allowance rate set by statute for state agencies for the use of privately owned vehicles for official business is forty- four and one-half cents ($0.445) per mile; and 1 Ord increasing mileage rate to .53d ret 2004 meal rates (kp) WHEREAS, pursuant to Sec. 2-111(c), Monroe County Code, the County's current mileage allowance rate for the use of privately owned vehicles for official business is forty-four and one-half cents ($0.445) per mile; and WHEREAS, the Board desires to update the County's reimbursement rates for subsistence (meals) and mileage; now therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sec. 2-110(3). Monroe County Code, is hereby amended to read as follows: Sec. 2-110. - Rates of per diem and subsistence allowance. (3) All travelers shall be allowed the following amounts for subsistence while on class C travel on official business as provided in section 2-109(2): a. Breakfast, $6.50 00; b. Lunch, $13.50 11.00; and C. Dinner, $27.00 19.00. Note: The remainder of Sec. 2-110 remains unchanged. Section 2. Sec. 2-111, Monroe County Code, is hereby amended to read as follows: (c) The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the county administrator or his or her designee. Whenever travel is by privately owned vehicle, the traveler shall be entitled to a mileage allowance at a fixed rate of $0.443 $0.53 per mile or the common carrier fare for such travel, as determined by the county administrator. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle shall not be allowed when privately owned vehicles are used on public business and reimbursement is made pursuant to this paragraph, except as provided in subsection (h). Note: The remainder of Sec. 2-111 remains unchanged. 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. Ord increasing mileage rate to .53t ret 2004 meal rates (kp) 2 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)(b), 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 18`h day of February, 2015. Mayor Danny L. Kolhage Mayor Pro Tem. Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia J. Murphy (SEAL) Attest: AMY HEAVILIN, Clerk By Deputy Clerk Ord increasing mileage rate to .53t ret 2004 meal rates (kp) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson J • NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 18, 2015 at 3:00 P.M., or as soon thereafter as may be heard, in the Commission Chambers located in the Marathon Government Center, 2798 Overseas Highway, Marathon, 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 AMENDING CHAPTER 2, ARTICLE III, DIVISION 3. TRAVEL, PER DIEM, MEALS AND MILEAGE POLICY OF THE MONROE COUNTY CODE BY AMENDING SECTION 2-110(3) TO RETURN THE SUBSISTENCE (MEALS) ALLOWANCE RATES TO THE RATES SET FORTH IN ORDINANCE NO. 004-2004 WHICH ARE BREAKFAST $6.50, LUNCH $13.50 AND DINNER $27.00; AMENDING SECTION 2-111(c), INCREASING THE MILEAGE ALLOWANCE RATE FOR USE OF PRIVATELY OWNED VEHICLES FOR OFFICIAL TRAVEL TO FIFTY-THREE CENTS ($0.53) PER MILE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING 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 181h day of February, 2015. (SEAL) Publication dates: KW Citizen (Su) 2/22/2015 Keynoter (Wed) 2/25/2015 Reporter (Fr) 2/27/2015 AMY HEAVILIN, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 18, 2015 - KL Department: County Attome Bulk Item: Yes X No Staff Contact: Bob Shillinger, 292-3470 AGENDA ITEM WORDING: Approval to advertise a public hearing to consider approval of an ordinance amending Sec. 2-110(3) and Sec. 2-111(c) of the Monroe County Code to update the County's reimbursement rates for subsistence (meals) and mileage. ITEM BACKGROUND: Pursuant to F.S. 112.061(14) (a)l., the BOCC can establish per diem, subsistence and mileage rates that differ from the rates set by state statute for state agencies by enactment of an ordinance or resolution. At the January 21, 2015 BOCC meeting, the Board directed staff to bring back an item to increase the mileage allowance rate to $0.53 cents (currently forty-four and one-half cents $0.445) and to return the subsistence (meal) allowance rates to Breakfast $6.50, Lunch $13.50 and Dinner $27.00 as set forth in Ordinance No. 004-2004. In 2008, due to the County's dire financial situation at the time, the Board adopted Ordinance No. 017-2008 which decreased the County's subsistence (meal) allowance rates to Breakfast $6, Lunch $11 and Dinner $19. Chapter 2. Article, III, Division 3. Travel, Per Diem, Meals and Mileage Policy of the Monroe County Code details the per diem, subsistence and mileage rates for the County. Any amendments to the Code must be made by Ordinance adopted by the Board at a noticed public hearing. This items seeks approval to advertise the public hearing for consideration of the proposed Ordinance to increase the mileage allowance rate to fifty-three cents ($0.53) and return the subsistence (meals) allowance rates to Breakfast $6.50, Lunch $13.50 and Dinner $27.00 as set forth in Ordinance No. 004-2004. PREVIOUS RELEVANT BOCC ACTION: 2/18/2004 adopted Ordinance No. 004-2004; 7/19/2006 adopted Ordinance No. 028-2006, 7/16/2008 adopted Ordinance No. 017-2008 1/21/2015 Board directed staff to bring item back to return subsistence (meal) allowance rates to the rates set forth in Ordinance No. 004-2004 and increase mileage allowance rate to fifty-three cents CONTRACT/AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATIONS: Approval to advertise a hearing for 3:00 p.m. on March 18, 2015 in Marathon, FL. TOTAL COST: Advertising 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 A — OMB/Purchasing Risk Management DOCUMENTATION: Included X DISPOSITION: Revised 7/09 ADDITIONAL BACK-UP: 1. Current Monroe County Code (County rates): • Sec. 2-110.(3) Rates ofper diem and subsistence allowance (meal rates): $100 per day OR Breakfast $6; Lunch $11; Dinner $19 • Sec. 2-111(c) Transportation — mileage rate for use of privately owned vehicle on public business: 44.5 cents per mile 2. Current Florida Statutes (State rates): • F. S. 112.061(b)(b). Rates of Per Diem and Subsistence Allowance (State meal rates) $100 per day OR Breakfast $6; Lunch $11; Dinner $19 • F.S. 112.061(7)(d)1.a. Transportation (State mileage rate for use of private vehicle): 44.5 cents per mile • F.S. 112.061(14) authorizes Counties to establish a per diem rate, subsistence (meal) rates and a mileage rate that differs from the State rates through enactment of a resolution or ordinance by the governing body 3. Ordinance No. 017-2008 adopted 7/16/2008: decreased/returned subsistence (meal) rates to State rates (rates prior to adoption of Ordinance No. 004-2004): Breakfast $6; Lunch $11; Dinner $19 OR Per diem @ $100 per day (per diem rate remained unchanged) 4. Ordinance No. 028-2006 adopted 7/19/2006: increased mileage reimbursement rate for use of private vehicle to 44.5 cents per mile (consistent with 2006 State increase) 5. Ordinance No. 004-2004 adopted 2/18/2004: increased per diem rate to $100 per day and subsistence (meal) rates to: Breakfast $6.50; Lunch $13.50; Dinner $27.00 CURRENT MONROE COUNTY CODE 1. Current Monroe County Code (County rates): Sec. 2-110.(3) Rates ofper diem and subsistence allowance (meal rates): $100 per day OR Breakfast $6; Lunch $11; Dinner $19 Sec. 2-111(c) Transportation — mileage rate for use of privately owned vehicle on public business: 44.5 cents per mile Sec. 2-10. - Rates of per diem and subsistence allowance. For purposes of reimbursement rates and methods of calculation, per diem and subsistence allowances are divided into the following groups and rates: (1) All travelers shall be allowed for subsistence when traveling to a convention or conference or when traveling within or outside the state in order to conduct bona fide state business, which convention, conference, or business serves a direct and lawful public purpose with relation to the public agency served by the person attending such meeting or conducting such business, either of the following for each day of such travel at the option of the traveler: a. $100.00 per diem; or b. If actual expenses exceed $100.00, the amounts permitted in subsection (3) of this section for meals, plus actual expenses for lodging at a single -occupancy rate to be substantiated by paid bills therefor. (2) When lodging or meals are provided at a state institution, the traveler shall be reimbursed only for the actual expenses of such lodging or meals, not to exceed the maximum provided for in this subsection. (3) All travelers shall be allowed the following amounts for subsistence while on class C travel on official business as provided in section 2-109(2): a. Breakfast, $6.00; Lunch, $11.00; and c. Dinner, $19.00. (4) No one, whether traveling out of state or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state. (ode 1979, § 2-60& Ord. No. 004--200 , § I„ Ord. No. 017-2006, G 1 ,.✓R..RE.% III Y IIIII'M E 'A,,,.. ,+ rry CODE Sec. 2-111. -Transportation. (a) All travel must be by a usually traveled route. In case a person travels by an indirect route for his own convenience, any extra costs shall be borne by the traveler; and reimbursement for expenses shall be based only on such charges as would have been incurred by a usually traveled route. The county administrator or his designee shall designate the most economical method of travel for each trip, keeping in mind the following conditions: (1) The nature of the business; (2) The most efficient and economical means of travel (considering time of the traveler, impact on the productivity of the traveler, cost of transportation, and per diem or subsistence required). When it is more efficient and economical to either the traveler or the agency head, jet service offered by any airline, whether on state contract or not, may be used when the cost is within an approved threshold determined by the county administrator or his designee; and (3) The number of persons making the trip and the amount of equipment or material to be transported. (b) Transportation by common carrier when traveling on official business and paid for personally by the traveler, shall be substantiated by a receipt therefor. Federal tax shall not be reimbursable to the traveler unless the state and other public agencies are also required by federal law to pay such tax. In the event transportation other than the most economical class as approved by the county administrator is provided by a common carrier on a flight check or credit card, the charges in excess of the most economical class shall be refunded by the traveler to the county. (c) The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the county administrator or his designee. Whenever travel is by privately owned vehicle, the traveler shall be entitled to a mileage allowance at a fixed rate of $0.445 per mile or the common carrier fare for such travel, as determined by the county administrator. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle shall not be allowed when privately owned vehicles are used on public business and reimbursement is made pursuant to this subsection, except as provided in subsection (h) of this section. d) All mileage shall be shown from point of origin to point of destination and, when possible, shall be computed on the basis of the current map of the department of transportation. Vicinity mileage necessary for the conduct of official business is allowable but must be shown as a separate item on the expense voucher. (e) Transportation by chartered vehicles when traveling on official business may be authorized by the county administrator when necessary or where it is to the advantage of the agency, provided the cost of such transportation does not exceed the cost of transportation by a privately owned vehicle pursuant to subsection (d) of this section. (f) The county administrator or his designee may grant monthly allowances in fixed amounts for use of privately owned automobiles on official business in lieu of the mileage rate provided in subsection (d) of this section. Allowances granted pursuant to this subsection shall be reasonable, taking into account the customary use of the automobile, the roads customarily traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds of the agency or other public funds. Such allowance may be changed at any time, and shall be made on the basis of a signed statement of the traveler, filed before the allowance is granted or changed, and at least annually thereafter. The statement shall show the places and distances for an average typical month's travel on official business, and the amount that would be allowed under the approved rate per mile for the travel shown in the statement, if payment had been made pursuant to subsection (d) of this section. (g) No contract may be entered into between a public officer or employee, or any other person, and the county in which a depreciation allowance is used in computing the amount due by the agency to the individual for the use of a privately owned vehicle on official business. (h) No traveler shall be allowed either mileage or transportation expense when gratuitously transported by another person or when transported by another traveler who is entitled to mileage or transportation expense. However, a traveler on a private aircraft shall be reimbursed the actual amount charged and paid for the fare for such transportation up to the cost of a commercial airline ticket for the same flight, even though the owner or pilot of such aircraft is also entitled to transportation expense for the same flight under this subsection. (Code 1979, § 2- 094 - Ord, No. 004...1004, § °I „ Ord, No. 028....2006, § 1) CURRENT FLORIDA STATUTES 2. Current Florida_ Statutes (State rates): • F. S. 112.061(b)(b). Rates of Per Diem and Subsistence Allowance (State meal rates) $100 per day OR Breakfast $6; Lunch $11; Dinner $19 • F.S. 112.061(7)(d)1.a. Transportation (State mileage rate for use of private vehicle): 44.5 cents per mile • F.S. 112.061(14) authorizes Counties to establish a per diem rate, subsistence (meal) rates and a mileage rate that differs from the State rates through enactment of a resolution or ordinance by the governing body (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE. —For purposes of reimbursement rates and methods of calculation, per them and subsistence allowances are provided as follows: (a) Ali travelers shalt be allowed for subsistence when traveling to a convention or conference or when traveling within or outside the state in order to conduct bona fide state business, which convention, conference, or business serves a direct and lawful public purpose with relation to the public agency served by the person attending such meeting or conducting such business, either of the following for each day of such travel at the option of the traveler: 1. Eighty dollars per diem; or 2. If actual expenses exceed $80, the amounts permitted in paragraph (b) for subsistence, plus actual When lodging or meats are provided at a state institution, the traveler shalt be reimbursed only for the actual expenses of such lodging or meats, not to exceed the maximum provided for in this subsection. (b) Ali travelers shall be allowed the following amounts for subsistence while on Ctass C traveL on official business asprovided inparagraph (5)(b): 1. Breakfast. ' . ' ' ' , . . ' $6 3' Lunch' ' , , , . . . . . $11 (c) No one, whether traveling out of state or in state, shall be reimbursed for any meat or lodging included in a convention or conference registration fee paid by the state. (d)1. The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the agency head or his or her designee. Whenever travel is by privately owned a' A traveler shalt be entitled to a nhbsaoe aUovvance at a rate of44'5 cents per mite; or b. A traveler shalt be entitled to the common carrier fare for such travel if determined by the agency head to be more economical. 2. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle pursuant to this paragraph, except as provided in subsection (8). 3. AU mileage shall be shown from point of origin to point of destination and, when possible, shall be computed on the basis of the current map of the Department of Transportation. Vicinity mileage necessary for the conduct of official business is allowable but must be shown as a separate item on the expense F.A. 112.06 1(1 41 (1) Applicability to counties, county officers, district school boards, special districts, and metropolitan planning organizations. () The following entities may establish rates that vary from the per diem rate provided in paragraph (6)(a), the subsistence rates provided in paragraph (6)(b), or the mileage rate provided in paragraph (7)(d) if those rates are not less than the statutorily established rates that are in effect for the 2005- 2006 fiscal year: I . The governing body of a county by the enactment ordinance 2. A county constitutional officer, pursuant to s. • policy;establishment of written 3. The governing body of a district school board by the adoption of rules; 4. The governing body of a special district, as defined in s. 189.012, except those special districts that are subject to s.- 166.QZt(?), by the enactment of a resolution; or metropolitanS. Any organization createdseparate legal or administrative entity createdmetropolitan pursuant to s 339.175 of which a organization is a member,resolution. (b) Rates established pursuant to paragraph (a) must apply uniformly to at[ travel by the county, officercounty constitutional governed by that officer, district schoolspecialdistrict, or metropolitan planning ., provided(c) Except as otherwise entities governedschool section.planning organizations, other than those subject to s. 166. §__Q?IL9J, remain subject to t requirements of this ORDINANCE NO.017-2008 3. Ordinance No. 017-2008 adopted 7/16/2008: decreased/returned subsistence (meal) rates to State rates (rates prior to adoption of Ordinance No. 004-2004): Breakfast $6; Lunch $11; Dinner $19 OR Per diem @ $100 per day (per diem rate remained unchanged) ORDINANCE NO. 017 - 2008 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTION 2-608(2), MONROE COUNTY CODE; PROVIDING FOR DECREASE IN SUBSISTENCE TO BREAKFAST $6.00; LUNCH $11.00; DINNER $19.00; PROVIDING FOR SEVERABIMY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Monroe County Code Chapter 2, Article XXVI sets forth provisions governing travel reimbursements for Commissioners, officers and employees of Monroe County; and WHEREAS, the Board of County Commissioners passed Ordinance No. 004-2004 pursuant to Section 112.061(14), Florida Statutes, allowing counties to provide for per diem, meals and mileage reimbursements in excess of the rates established for state agencies by that statute; and WHEREAS, due to the County's current dire financial situation, the Monroe County Board of County Commissioners now desires to decrease subsistence reimbursement amounts for Commissioners, officers and employees to that which is currently provided in Section 1 I2.061(6)(b), Florida Statutes, to assist in remedying the situation just described; and WHEREAS, Monroe County could realize a substantial savings by implementing this change; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 'on 1. Section 2-608(2), Monroe County Code shall be amended to read as follows: (2) All travelers shall be allowed the following amounts for subsistence while on Class C travel on official business: a. Breakfast $ 6.00 b. Lunch $11.00 c. Dinner $19.00 Revised V 200810:09:00 AM(IW) . I Sec ' n 2 SEVERABILTY. 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. EFFECTIVE DATE. This ordinance shall take effect immediately upon passage at the public meeting described above, provided that a copy is thereafter filed with the Florida Department of State as provided in Section 125.66(2)(b), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the I e day of July, 2008. a r, CO Mayor Mario Di Gennaro Yes Mayor Pro Tem. Charles "Sonny" McCoy YesUl Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes Commissioner Dixie Spehar Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Mario Di Gennaro :.FRIG MONROE COUNTY ATTORNEY A ROVEp A� 17.m: fpYNTHIA L HALL ASSISTANT COUNTY ATTORNEY Date - x `I- 12C}0 Revised T21J200810:09:00 AM(KMP) - 2 - ORDINANCE NO.28-2006 4. Ordinance No. 028-2006 adopted 7/19/2006: increased mileage reimbursement rate for use of private vehicle to 44.5 cents per mile (consistent with 2006 State increase) ORDINANCE NO.028 -2006 AN ORDINANCE AMENDING Section 2-609(c), MONROE COUNTY CODE; PROVIDING FOR INCREASE IN MILEAGE REIMBURSEMENT TO 44.5 CENTS PER MILE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Monroe County Code Chapter 2, Article XXVI sets forth provisions governing travel reimbursements for of Monroe County; and WHEREAS, the Board of County Commissioners passed Ordinance No. 004- 2004 pursuant to Section 112.061(14), Florida Statutes allowing counties to provide for per diem, meals and mileage reimbursements in excess of the rates established for state agencies by that statute; and WHEREAS, Session Law 2006-41 has been enacted by the State Legislature and approved by the governor increasing those rates for state agencies; and WHEREAS, Session Law 200641 provides a higher mileage reimbursement rate than Ordinance No. 004-2004 due to the escalation of gasoline prices; now therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 2-609(c), Monroe County Code, shall be amended to read as follows: (c) The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the county administrator or his or her designee. Whenever travel is by privately owned vehicle, the traveler shall be entitled to a mileage allowance at a fixed rate of forty-four and one-half cents ($0.445) per mile or the common carrier fare for such travel, as determined by the county administrator. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle shall not be allowed when privately owned vehicles are used on public business and reimbursement is made pursuant to this paragraph, except as provided in subsection (8). 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. Revision of Mf7eaV Rate Ord. d C7 CJ Lu o= 01 Ll— c� L` 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. EFFECTIVE DATE. This ordinance shall take effect when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by certified mail to the Department of State. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of JuiLy , 2006. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner Glenn Patton Commissioner David P. Rice Attest: DANNY L. KOLHAGE, Clerk By: Deputy Clerk C3 N do CVJ w '4 G? _J La. U • r.�o � V 2 JCD Z�z o � Yes Yes Yes Yes Yes BOARD OF COUNTY COMNIISSIONERS OF MONROE CqVNTY, FLORIDA BY: yl Mayor Charle "Sonny" McCoy MONROE COUNTY ATTORNEY. OVEO A T UZANNt7 A. AVWGN � coukfr Revision of Mileage Rate Ord. F ORDINANCE NO.004-2004 5. Ordinance No. 004-2004 adopted 2/18/2004: increased per diem rate to $100 per day and subsistence (meal) rates to: Breakfast $6.50; Lunch $13.50; Dinner $27.00 Board of County Commissioners ORDINANCE NO. 004 - 2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, PURSUANT TO SEC. 112.061(14), FLORIDA STATUTES, CREATING CHAPTER 2, ART. XXVI, MONROE COUNTY CODE, ADOPTING A TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY FOR MONROE COUNTY COMMISSION MEMBERS AND COUNTY OFFICERS AND EMPLOYEES; FURTHER ESTABLISHING TRAVEL REIMBURSEMENT RATE FOR PER DIEM AT $100 PER DAY, BREAKFAST AT $6.50, LUNCH AT $13.50, DINNER AT $27.00, AND MILEAGE AT $.40 PER MILE WHEN USING PRIVATE VEHICLES ON COUNTY BUSINESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the reimbursement amounts allowed County Commissioners, officers and employees under Sec. 112.061, FS, when traveling on County business have remained the same for many years; WHEREAS, as a result those reimbursement amounts no longer bear any reasonable resemblance to the amounts a County Commissioner, County officer or employee must spend on meals and mileage when traveling on County business thus requiring the official traveler to spend his or her funds with only partial reimbursement; and WHEREAS, Sec. 112.061(14), FS, was recently adopted by the Legislature in order to allow the various county commissions to increase reimbursement amounts for county commissioners and county officers and employees beyond the otherwise mandatory statutory amounts to remedy the situation just described; WHEREAS, the Monroe County Board of County Commissioners desires to utilize the authority granted in Sec. 112.061(14), FS; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Chapter 2, Article XXVI, Monroe County Code, is hereby created to read as follows: Sec. 2-604. Definitions. For the purposes of this ordinance, the following words shall have the meanings indicated: (a) "Agency" or "public agency" shall mean Monroe County, Florida. (b) "Agency head" or "head of the agency" shall mean the County Administrator (c) "County officer" or "public officer" shall mean a County Commissioner (d) " Employee" or "public employee" shall mean an individual, whether commissioned or not, other than an officer or authorized person as defined herein, who is filling a regular or full-time authorized position and is responsible to the County Administrator. The term shall also include the County Attorney and any Assistant County Attorney. (e) "Authorized person" shall mean: 1. A person other than a public officer or employee as defined herein who is authorized by the agency head to incur travel expenses in the performance of official duties. 2. A person who is called upon by the County, pursuant to a written agreement, to contribute time and services as consultant or adviser. 3. A person who is a candidate for an executive or professional position, which position is identified as such by County policy. (f) "Traveler" shall mean a public officer, public employee, or authorized person, when performing authorized travel. (g) 'Travel expense", "traveling expenses", "necessary expenses while traveling", "actual expenses while traveling", or words of similar nature shall mean the usual ordinary and incidental expenditures necessarily incurred by a traveler. (h) "Common carrier" means a train, bus, commercial airline operating scheduled flights, or rental cars of an established rental car firm. (1) 'Travel day" means a period of 24 hours consisting of four quarters of 6 hours each. (j) 'Travel period" means a period of time between the time of departure and time of return. (k) "Class A travel" means continuous travel of 24 hours or more away from official headquarters. (1) "Class B travel" means continuous travel of less than 24 hours which involves overnight absence from official headquarters. (m) "Class C travel" means travel for short or day trips where the traveler is not away from his or her official headquarters overnight. (n) "Foreign travel" means travel outside the United States. (o) "Official headquarters" means the building or site in which the public officer or employee performs his or her job duties or in which he or she has been assigned an office or work space. Sec. 2-605. AUTHORITY TO INCUR TRAVEL EXPENSES (a) All travel must be authorized and approved by the County Administrator, or his or her designated representative. (b) Travel expenses of travelers shall be limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the County and must be within the limitations prescribed by this ordinance. (c) Travel by public officers or employees serving temporarily in behalf of another agency or partly in behalf of more than one agency at the same time, or authorized persons who are called upon to contribute time and services as consultants or advisers, may be authorized by the County Administrator. (d) Travel expenses of public employees for the sole purpose of taking merit system or other job placement examinations, written or oral, shall not be allowed under any circumstances, except that upon prior written approval of the County Administrator or the Board of County Commissioners candidates for executive or professional positions may be allowed travel expenses pursuant to this section. (e) The County Administrator, or a designated representative, may pay by advancement or reimbursement, or a combination thereof, the costs of per diem of travelers and authorized persons for foreign travel at the current rates as specified in the federal publication "Standardized Regulations (Government Civilians, Foreign Areas)" and incidental expenses as provided in this section. (f) A traveler who becomes sick or injured while away from his or her official headquarters and is therefore unable to perform the official business of the County may continue to receive subsistence as provided in subsection (6) during this period of illness or injury until such time as he or she is able to perform the official business of the County or returns to his or her official headquarters, whichever Is earlier. Such subsistence may be paid when approved by the County Administrator or his or her designee. Sec.2-606. OFFICIAL HEADQUARTERS LOCATION The official headquarters location of an officer or employee assigned to an office shall be the geographical area in which the office is located. For purposes of this ordinance, geographical area shall mean either the Lower Keys, the Middle Keys, or the Upper Keys. Sec. 2-607. COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT. For purposes of reimbursement and methods of calculating fractional days of travel: (a) The travel day for Class A travel shall be a calendar day (midnight to midnight). The travel day for Class B travel shall begin at the same time as the travel period. For Class A and Class B travel, the traveler shall be reimbursed one-fourth of the authorized rate of per diem for each quarter, or fraction thereof, of the travel day included within the travel period. Class A and Class B travel shall include any assignment on official business outside of regular office hours and away from official headquarters when it is considered reasonable and necessary to stay overnight and for which travel expenses are approved. (b) A traveler shall not be reimbursed on a per diem basis for Class C travel, but shall receive subsistence as provided in this section, which allowance for meals shall be based on the following schedule: 1. Breakfast --When travel begins before 6 a.m. and extends beyond 8 a.m. 2. Lunch --When travel begins before 12 noon and extends beyond 2 p.m. 3. Dinner --When travel begins before 6 p.m. and extends beyond 8 p.m., or when travel occurs during nighttime hours due to special assignment. No allowance shall be made for meals when travel is confined to the geographical area of the official headquarters, except travelers will be entitled to the appropriate meal allowance as follows: 1. If the official headquarters location of the traveler is in the Lower Keys, and the traveler goes beyond the flashing traffic signal on Sugarloaf Key (approximately Mile Marker 17). 2. If the official headquarters location of the traveler is in the Middle Keys, and the traveler goes beyond the south end of the Spanish Harbor Bridge, or the traveler goes beyond the north end of the Long Key Bridge. 3. If the official headquarters location of the traveler is in the Upper Keys, and the traveler goes beyond Mile Marker 76 on Lower Matecumbe Key, or the traveler goes beyond the south city limits of Florida City in Dade County. Sec. 2-608. RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE. For purposes of reimbursement rates and methods of calculation, per diem and subsistence allowances are divided into the following groups and rates: (a) All travelers shall be allowed for subsistence when traveling to a convention or conference or when traveling within or outside the state in order to conduct bona fide state business, which convention, conference, or business serves a direct and lawful public purpose with relation to the public agency served by the person attending such meeting or conducting such business, either of the following for each day of such travel at the option of the traveler: 1. One Hundred dollars per diem; or 2. If actual expenses exceed $100, the amounts permitted in paragraph (b) for meals, plus actual expenses for lodging at a single -occupancy rate to be substantiated by paid bills therefor. When lodging or meals are provided at a state institution, the traveler shall be reimbursed only for the actual expenses of such lodging or meals, not to exceed the maximum provided for in this subsection. (b) All travelers shall be allowed the following amounts for subsistence while on Class C travel on official business as provided in paragraph (5)(b): 1. Breakfast $ 6.50 2. Lunch $13.50 3. Dinner $27.00 (c) No one, whether traveling out of state or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state. Sec.2-609. TRANSPORTATION (a) All travel must be by a usually traveled route. In case a person travels by an indirect route for his or her own convenience, any extra costs shall be borne by the traveler; and reimbursement for expenses shall be based only on such charges as would have been incurred by a usually traveled route. The County Administrator or his or her designee shall designate the most economical method of travel for each trip, keeping in mind the following conditions: 1. The nature of the business. 2. The most efficient and economical means of travel (considering time of the traveler, impact on the productivity of the traveler, cost of transportation, and per diem or subsistence required). When it is more efficient and economical to either the traveler or the agency head, jet service offered by any airline, whether on state contract or not, may be used when the cost is within an approved threshold determined by the County Administrator or his or her designee. 3. The number of persons making the trip and the amount of equipment or material to be transported. (b) Transportation by common carrier when traveling on official business and paid for personally by the traveler, shall be substantiated by a receipt therefor. Federal tax shall not be reimbursable to the traveler unless the state and other public agencies are also required by federal law to pay such tax. In the event transportation other than the most economical class as approved by the County Administrator is provided by a common carrier on a flight check or credit card, the charges in excess of the most economical class shall be refunded by the traveler to the County. (c) The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the County Administrator or his or her designee. Whenever travel is by privately owned vehicle, the traveler shall be entitled to a mileage allowance at a fixed rate of 40 cents per mile or the common carrier fare for such travel, as determined by the County Administrator. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle shall not be allowed when privately owned vehicles are used on public business and reimbursement is made pursuant to this paragraph, except as provided in subsection (8). 2. All mileage shall be shown from point of origin to point of destination and, when possible, shall be computed on the basis of the current map of the Department of Transportation. Vicinity mileage necessary for the conduct of official business is allowable but must be shown as a separate item on the expense voucher. (e) Transportation by chartered vehicles when traveling on official business may be authorized by the County Administrator when necessary or where it is to the advantage of the agency, provided the cost of such transportation does not exceed the cost of transportation by privately owned vehicle pursuant to paragraph (d). (f) The County Administrator or his or her designee may grant monthly allowances in fixed amounts for use of privately owned automobiles on official business in lieu of the mileage rate provided in paragraph (d). Allowances granted pursuant to this paragraph shall be reasonable, taking into account the customary use of the automobile, the roads customarily traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds of the agency or other public funds. Such allowance may be changed at any time, and shall be made on the basis of a signed statement of the traveler, filed before the allowance is granted or changed, and at least annually thereafter. The statement shall show the places and distances for an average typical month's travel on official business, and the amount that would be allowed under the approved rate per mile for the travel shown in the statement, if payment had been made pursuant to paragraph (d). (g) No contract may be entered into between a public officer or employee, or any other person, and the County in which a depreciation allowance is used in computing the amount due by the agency to the individual for the use of a privately owned vehicle on official business. (h) No traveler shall be allowed either mileage or transportation expense when gratuitously transported by another person or when transported by another traveler who is entitled to mileage or transportation expense. However, a traveler on a private aircraft shall be reimbursed the actual amount charged and paid for the fare for such transportation up to the cost of a commercial airline ticket for the same flight, even though the owner or pilot of such aircraft is also entitled to transportation expense for the same flight under this subsection. Sec. 2-610. OTHER EXPENSES. (a) The following incidental travel expenses of the traveler may be reimbursed: 1. Taxi fare. 2. Ferry fares; and bridge, road, and tunnel tolls. 3. Storage or parking fees. 4. Communication expense. S. Convention registration fee while attending a convention or conference which will serve a direct public purpose with relation to the County. A traveler may be reimbursed the actual and necessary fees for attending events which are not included in a basic registration fee that directly enhance the public purpose of the participation of the County in the conference. Such expenses may include, but not be limited to, banquets and other meal functions. It shall be the responsibility of the traveler to substantiate that the charges were proper and necessary. However, any meals or lodging included in the registration fee will be deducted in accordance with the allowances provided in subsection (6). Sec. 2-611. RULES. The County Administrator may adopt such rules, including, but not limited to, the general criteria to be used by the agency to predetermine justification for attendance by officers and employees and authorized persons at conventions and conferences, and prescribe such forms as are necessary to effectuate the purposes of this ordinance. The County Administrator may also adopt rules prescribing the proper disposition and use of promotional items and rebates offered by common carriers and other entities in connection with travel at public expense. Sec. 2-612. FRAUDULENT CLAIMS Claims submitted pursuant to this section shall not be required to be sworn to before a notary public or other officer authorized to administer oaths, but any claim authorized or required to be made under any provision of this ordinance shall contain a statement that the expenses were actually incurred by the traveler as necessary travel expenses in the performance of official duties and shall be verified by a written declaration that it is true and correct as to every material matter. (a) Any person who willfully makes and subscribes any such claim which he or she does not believe to be true and correct as to every material matter, or who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under the provisions of this ordinance of a claim which is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such claim, is guilty of a misdemeanor of the second degree as provided by statute, punishable as provided in s. 775.082 or s. 775.083., and whoever shall receive an allowance or reimbursement by means of a false claim shall be civilly liable in the amount of the overpayment for the reimbursement of the public fund from which the claim was paid pursuant to the provisions of Section 112.061, Florida Statutes. (b) Any person who willfully makes and subscribes any such claim which he or she does not believe to be true and correct as to every material matter, or who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under the provisions of this ordinance of a claim which is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such claim, and whoever shall receive an allowance or reimbursement by means of a false claim, shall be subject to discipline, up to and including termination of employment. The amount involved shall not be material to the discipline to be imposed. Sec. 2-613. TRAVEL VOUCHER FORMS. The County Administrator shall furnish a uniform travel voucher form which shall be used by all travelers and authorized persons when submitting travel expense statements for approval and payment. No travel expense statement shall be approved for payment unless made on the form prescribed and furnished by the County Administrator. The travel voucher form shall provide for, among other things, the purpose of the official travel and a certification or affirmation, to be signed by the traveler, indicating the truth and correctness of the claim in every material matter, that the travel expenses were actually incurred by the traveler as necessary in the performance of official duties, that per diem claimed has been appropriately reduced for any meals or lodging included in the convention or conference registration fees claimed by the traveler, and that the voucher conforms in every respect with the requirements of this section. Sec. 2-614. ADVANCEMENTS. Notwithstanding any of the foregoing restrictions and limitations, the County Administrator or his or her designee may make, or authorize the making of, advances to cover anticipated costs of travel to travelers. Such advancements may include the costs of subsistence and travel of any person transported in the care or custody of the traveler in the performance of his or her duties. Sec. 2-615. DIRECT PAYMENT OF EXPENSES BY AGENCY. Whenever the County requires an employee or public officer to incur either Class A or Class B travel on emergency notice to the traveler, such traveler may request the agency to pay his or her expenses for meals and lodging directly to the vendor, and the agency may pay the vendor the actual expenses for meals and lodging during the travel period, limited to an amount not to exceed that authorized pursuant to this section. In emergency situations, the County Administrator or his or her designee may authorize an increase in the amount paid for a specific meal, provided that the total daily cost of meals does not exceed the total amount authorized for meals each day. The County Administrator or his or her designee may also grant prior approval to make direct payments of travel expenses in other situations that result in cost savings to the agency. Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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. This ordinance shall take effect Immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 18th day of February 2004. ' Mayor Nelson Yes r Pro Tern Rice Yes ssioner McCoy Yes 00 onerNeugent Yes ner Spehar No BOARD OF COUNTY COMMISSIONERS IKOLHAGE, Clerk OF MONROE COUNTY, FLORIDA ' E sy Clerk Ma or/Chairperson �W I'n U) � , `; U- 0- t7 Z VO Jordumiplti'ifiere. YW W —� 4. a 4 CM MONROE COUNTY ATTORNEY AP FORM: RO T N. WOLFE Date EFgSSI S�,NT (30_VI4;y ATTORNEY