Item P05 BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: P.5
Agenda Item Summary #6072
1111EV.111SE.113 PAC WJP 1111AN OF MEE"III'JI[NG: Attach wb it A. to Ordi�ia�icc added,
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider approval of an
ordinance adopting the official seal of Monroe County, codifying it into the Monroe County Code
and adopting a policy for use of the adopted County seal.
ITEM BACKGROUND: This ordinance adopts the official seal of Monroe County and codifies it
into the Monroe County Code. The ordinance would reconfirm the previously adopted policy for
use of the adopted County Seal.
Monroe County was established in 1823 and, at some point following its establishment, Monroe
County adopted an official seal. F.S. 165.043 provides for penalties for misappropriation of a
county or city seal adopted by ordinance. Although the Board has addressed the seal in 2 prior
resolutions, a diligent search of county records failed to find evidence of when the Board adopted
that seal pursuant to ordinance. Adoption by ordinance is necessary to address any unlawful use of
the seal.
PREVIOUS RELEVANT BOCC ACTION:
BOCC adopted Resolution No. 497-1995
BOCC adopted Resolution No. 292-2010
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
County Seal Ordinance Draft September 2019 WITH ATTACHMENT A 0 16 19
FINANCIAL IMPACT:
Effective Date: Upon approval by the Secretary of State
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising cost
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: 4001-00101 BOCC ADMINISTRATIVE FUND
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
N/A
REVIEWED BY:
Bob Shillinger Completed 09/04/2019 3:20 PM
Kathy Peters Completed 09/04/2019 3:21 PM
Board of County Commissioners Pending 09/18/2019 9:00 AM
ORDINANCE NO. -2019
AN ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ADOPTING THE OFFICIAL SEAL OF MONROE COUNTY
AND CODIFYING IT INTO THE MONROE COUNTY
CODE; ADOPTING A POLICY FOR USE OF THE
ADOPTED COUNTY SEAL; AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Monroe County was established in 1823, more than two decades prior to
Florida becoming a State; and
WHEREAS, at some point following its establishment, Monroe County adopted an
official seal; and
WHEREAS, in 1991, the State of Florida enacted 91-59, Laws of Florida, which is
codified at F.S. 165.043 and which provides for penalties for misappropriation of a county or city
seal adopted by ordinance; and
WHEREAS, in 1995, the Board of County Commissioners of Monroe County ("the
Board") adopted Resolution No. 497-1995 to update the then County Seal to change the year of
the County's founding from 1824 to 1823; and
WHEREAS, in 2010, the Board adopted a policy for usage of the County Seal in
Resolution No. 292-2010 and attempted to protect its intellectual property in the County Seal by
Resolution instead of by Ordinance as required; and
WHEREAS, a search of the County's records did not reveal if the Board has ever adopted
the County Seal by Ordinance; and
WHEREAS, the Board finds that adopting this ordinance is necessary to protect the
County Seal;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
(Inserted language appears underlined; deleted language appears ekeii �hfe )
SECTION 1. Section 2-29 of the Monroe County Code is hereby created to read as follows:
(1) ADOPTION OF COUNTY SEAL. The Board of County
Commissioners of Monroe County, Florida hereby adopts the County
Seal as depicted in attachment A to this ordinance and incorporated by
reference herein as the Official County Seal of Monroe County.
Page 1 of 2
(2) USE OF COUNTY SEAL. Any use of the County seal by anyone
other than a county official or employee in the course of performing
their official duties requires express approval by the Board of County
Commissioners. It shall be the policy of the Board of County
Commissioners of Monroe County that requests for use of the County
seal may be brought by County staff before the Board of County
Commissioners in a public meeting agenda item only if the proposed
use is in connection with events or programs of environmental concern
and related to issues on which the Board of County Commissioners has
already undertaken some initiative, such as the creation of an advisory
committee or implementation of a related program. The manufacture,
use, display, or other employment of any facsimile or reproduction of
the county seal, except by county officials or employees in the
performance of their official duties, without the express aproval of the
Board of County Commissioners is prohibited.
(3) CRIMINAL PENALTIES AND CIVIL REMEDIES: Unauthorized
use of the County Seal is a second degree misdemeanor as provided for
by F.S. 165.043. In addition, the County Attorney is authorized to
pursue civil and equitable remedies including, but not limited to
injunctive relief, against any person or entity who uses the seal without
proper authorization. If the County_prevails in such an action, the Court
shall award to the County all attorney's fees and costs incurred by the
Cow_
SECTION 2. Severability. If any section, subsection, sentence, clause, or provision of this
ordinance is held by a court of competent jurisdiction to be invalid,the remainder of this ordinance
shall not be affected by such invalidity.
SECTION 3. Conflict. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
SECTION 4: 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 , 2019.
Mayor Syliva Murphy
Mayor Pro Tem Danny Kolhage
Commissioner Michelle Coldiron
Commissioner Heather Carruthers
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor Sylvia J. Murphy
Page 2 of 2
ATTACHMENT "A"
TO ORDINANCE
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P.5
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: P.5
Agenda Item Summary #6072
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider approval of an
ordinance adopting the official seal of Monroe County, codifying it into the Monroe County Code
and adopting a policy for use of the adopted County seal.
ITEM BACKGROUND: This ordinance adopts the official seal of Monroe County and codifies it
into the Monroe County Code. The ordinance would reconfirm the previously adopted policy for
use of the adopted County Seal.
Monroe County was established in 1823 and, at some point following its establishment, Monroe
County adopted an official seal. F.S. 165.043 provides for penalties for misappropriation of a
county or city seal adopted by ordinance. Although the Board has addressed the seal in 2 prior
resolutions, a diligent search of county records failed to find evidence of when the Board adopted
that seal pursuant to ordinance. Adoption by ordinance is necessary to address any unlawful use of
the seal.
PREVIOUS RELEVANT BOCC ACTION:
BOCC adopted Resolution No. 497-1995
BOCC adopted Resolution No. 292-2010
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
County Seal Ordinance Draft September 2019
Packet Pg. 2438
P.5
FINANCIAL IMPACT:
Effective Date: Upon approval by the Secretary of State
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising cost
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: 4001-00101 BOCC ADMINISTRATIVE FUND
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
N/A
REVIEWED BY:
Bob Shillinger Completed 09/04/2019 3:20 PM
Kathy Peters Completed 09/04/2019 3:21 PM
Board of County Commissioners Pending 09/18/2019 9:00 AM
Packet Pg. 2439
P.5.a
ORDINANCE NO. -2019
AN ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ADOPTING THE OFFICIAL SEAL OF MONROE COUNTY
AND CODIFYING IT INTO THE MONROE COUNTY
CODE; ADOPTING A POLICY FOR USE OF THE
ADOPTED COUNTY SEAL; AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
a�
WHEREAS, Monroe County was established in 1823, more than two decades prior to c
Florida becoming a State; and
0
WHEREAS, at some point following its establishment, Monroe County adopted an
official seal; and
WHEREAS, in 1991, the State of Florida enacted 91-59, Laws of Florida, which is
codified at F.S. 165.043 and which provides for penalties for misappropriation of a county or city
seal adopted by ordinance; and
WHEREAS, in 1995, the Board of County Commissioners of Monroe County ("the
Board") adopted Resolution No. 497-1995 to update the then County Seal to change the year of
the County's founding from 1824 to 1823; and 0
WHEREAS, in 2010, the Board adopted a policy for usage of the County Seal in
Resolution No. 292-2010 and attempted to protect its intellectual property in the County Seal by
Resolution instead of by Ordinance as required; and 24
a�
WHEREAS, a search of the County's records did not reveal if the Board has ever adopted
the County Seal by Ordinance; and
�s
WHEREAS, the Board finds that adopting this ordinance is necessary to protect the
County Seal;
c�
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
(Inserted language appears underlined; deleted language appears ekeii �hfe )
SECTION 1. Section 2-29 of the Monroe County Code is hereby created to read as follows:
(1) ADOPTION OF COUNTY SEAL. The Board of County
Commissioners of Monroe County, Florida hereby adopts the County E
Seal as depicted in attachment A to this ordinance and incorporated by
reference herein as the Official County Seal of Monroe County.
Page 1 of 2
Packet Pg. 2440
P.5.a
(2) USE OF COUNTY SEAL. Any use of the County seal by anyone
other than a county official or employee in the course of performing
their official duties requires express approval by the Board of County
Commissioners. It shall be the policy of the Board of County
Commissioners of Monroe County that requests for use of the County �s
seal may be brought by County staff before the Board of County
Commissioners in a public meeting agenda item only if the proposed 0
use is in connection with events or programs of environmental concern
and related to issues on which the Board of County Commissioners has
already undertaken some initiative, such as the creation of an advisory
committee or implementation of a related program. The manufacture,
use, display, or other employment of any facsimile or reproduction of
the county seal, except by county officials or employees in the
performance of their official duties, without the express aproval of the
Board of County Commissioners is prohibited.
(3) CRIMINAL PENALTIES AND CIVIL REMEDIES: Unauthorized
use of the County Seal is a second degree misdemeanor as provided for
by F.S. 165.043. In addition, the County Attorney is authorized to
pursue civil and equitable remedies including, but not limited to
injunctive relief, against any person or entity who uses the seal without 0
proper authorization. If the County_prevails in such an action, the Court
shall award to the County all attorney's fees and costs incurred by the 0
County.
SECTION 2. Severability. If any section, subsection, sentence, clause, or provision of this
ordinance is held by a court of competent jurisdiction to be invalid,the remainder of this ordinance
shall not be affected by such invalidity.
E
SECTION 3. Conflict. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
SECTION 4: 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 , 2019.
0
Mayor Syliva Murphy
Mayor Pro Tem Danny Kolhage
Commissioner Michelle Coldiron
Commissioner Heather Carruthers
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor Sylvia J. Murphy
Page 2 of 2
Packet Pg. 2441