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Ordinance 034-2019 ORDINANCE NO. 034 - 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: 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. (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 Page 1of2 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 approval 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 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. 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 1\ nroe County, Florida, at a regular meeting of said Board held on the 16th day of October P� , 2Z119.-n Q r._ � Ma or Syliva Murphy Absent r 3 --+ CO .��� Y Y P Y � Yes t--ry=x';i ry � . 1 t, Mayor Pro Tem Danny Kolhage r c c ";. . r a ommissioner Michelle Coldiron Yes ` � Commissioner Heather Carruthers Yes c� 14N 14 J ' Commissioner David Rice Yes G? :; "s,R,erg ,� co "" ''° `'� BOARD OF COUNTY COMMISSIONERS At VIN DOK, Clerk OF OE C ORIDA B < ,e B Y• Y• Deputy Clerk Mayo rphy �o Tom.,. pa�.,.i 14 f La_ MONROE COUNTY ATTORNEY J APPrRO D I M: B.SHILLINGER,JR. Page 2 of 2 7`3G ATTACHMENT "A" TO ORDINANCE - , -4k (-0 - ._......),74„;,, 'CA/ I' -' , , '.. (7 ?;.1,7,, ., \so,"Nei 1,;•‘..1 23 P r4 6 ..... .. ,..... ....„.._. )i tif Ir "_ .,, .. �m .... a - . ....... ,. i ir • CITIZEN E.I l"V lA EST 74-1_17 The Florida Keys Only Daily Newspaper, Est. 1876 RECEIVED PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals©keysnews.com 0 C T 0 3 2019 MONROE CO ADMIN/BOCC THE HISTORIC GATO BUILDING MONROE COUNTY ATTORNEY 1100 SIMONTON ST SUITE 2-205 KEY WEST FL 33040 Account: 143331 Ticket: 312752 • PUBLISHER'S AFFIDAVIT NOTICE OFar NTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE STATE OF FLORIDA NOTICE IS HEREBY GIVEN TO WHOM NOTICE OF INTENTION TO CONSIDER COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE IT MAY CONCERN that on October 16, 2019 at 1:30 P.M.,or as soon thereafter NOTICE IS HEREBY GIVEN TO WHOM as may be heard,in the Marathon Gov- IT MAY CONCERN that on October 16, ernment Center, 2798 Overseas High- Befo e the ndersig authority personally appeared 2019 at 1:30 P.M.,or as soon thereafter way Marathon,Monroe County,Flori- (1 as may be heard,in the Marathon Gov- da,the Board of County Commissioners ve_ \ ernment Center, 2798 Overseas Hi h- of Monroe County, Florida, intends to 9 consider the adoption of the following who on oath says that he or she is way,Marathon,Monroe County,Flori- County ordinance: da,the Board of County Commissioners n/, of Monroe County, Florida, intends to AN ORDINANCE BY THE BOARD OF -�J ---' of the Key West Citizen, a daily news- consider the adoption of the following COUNTY COMMISSIONERS OF MON- County ordinance: ROE COUNTY,FLORIDA ADOPTING THE paper published in K y West, in onroe County, Florida;that the attached copy OFFICIAL SEAL OF MONROE COUNTY ANE of advertisment, beinga legal notice in the matter of COUNTY ORDINANCE CO ORDINANCE SIY NETHR BOARDF OF AND COUNTY CODE;IFYING ADOPTINGIT INTO THE POLICY 9 COUNTY COMMISSIONERS OF MOO- CODE; A POLICY 10.16 was published in said news7F in the issues of: ROE COUNTY,FLORIDA ADOPTING THE FOR USE OF THE ADOPTED COUNTY OFFICIAL SEAL OF MONROE COUNTY SEAL;AND PROVIDING FOR SEVERABIL- AND CODIFYING IT INTO THE MONROE ITY AND AN EFFECTIVE DATE. Wednesday, September 25, 2019 COUNTY CODE; ADOPTING A POLICY FOR USE OF THE ADOPTED COUNTY Pursuant to Section 286.0105, Florida SEAL;AND PROVIDING FOR SEVERABIL- Statutes,notice is given that if a person ITY AND AN EFFECTIVE DATE. decides to appeal any decision made by Affiant further says that the KeyWest Citizen is a newspaper ublished in Keythe Board with to any matter yp Pursuant to Section 286.0105, Florida considered at suchch he hearingssor meet- West, in said Monroe County, Florida and that the said newspapers has hereto- Statutes,notice is given that if a person ings,he will need a record of the pro- fore been continuously published in said Monroe County, Florida every day, and decides to appeal any decision made by ceedings,h and ed to ensuret, fruch that purpose, has been entered as periodicals matter at thepost office in KeyWest, in said the Board with such hearingsect to any matteret tim record of the proceedings is made, considered at or meet- Monroe County, Florida,for a period of 1 year next preceding the first publication ings,he will need a record of the pro- which record includes the testimony ceedings, , and evidence upon which the appeal is and that, for such purpose of the attached copy of advertisement; and affiant further says that he or she has he may need to ensure that a versa- to be based. neither paid nor promised any person, firm or corporation any discount, rebate, tim record of the proceedings is made, ADA ASSISTANCE:If you are a person commission or refund for the purpose of securing this advertisement for publica- which record includes the testimony with a disability who needs special and tion in the said newspaper. to be based.evidence upon which the appeal is accommodations in order to partici- pate in this proceeding,please contact ADA ASSISTANCE:If you are a person the County Administrator's Office, by ------)----- with a disability who needs special hoursnof 8330)a.m. 5:00 pem.eno lat- er (SI ature of Affiant) accommodations in order to partici- than five(5)calendar days prior to pate in this proceeding,please contact the scheduled meeting;if you are hear- the County Administrator's Office, by ing or voice impaired,call"711". Live Ala d /d sui-,,;i� before me this 25th day of September 2019 phoning(305)292-4441, between the Closed Captioning is available via our hours of 8:30 a.m. -5:00 p.m.,no lat- web portal @ http://monroecountyfl. ///i �,'/` ��', erh than fd l (5)calendar if days areihe hear- roe om or meetings of the Mon- gm �U . the scheduled meeting; you roe CountyBoard of County Commis- vrmg ing or voice impaired,call"711". Live sioners. ( • ublic S = -tyre)' Closed Captioning is available via our web portal i htto://monroecountyfl. Dated at Key West, Florida, this 18th 111112.11(.. �� / ��i`//L�� `sprrprrr igm2.com for meetings of the Mon- day of September,2019. L. L I% ��.st �i roe County Board of County Commis- (Notary P ,lic Printed Name) (Notar - �ky., sioners. KEVIN MADOK, Clerk of EWEs the Circuit Court and ex officio Clerk of Dated September,at Key West, Florida, this 18th the Board of County Commissioners of My commission expires 60a '•, b day of 2019. Monroe County,Florida ''10,,, *./5.`�` KEVIN MADOK, Clerk of 09/25/19 Key West Citizen co m n cf) the Circuit Court and ex officio Clerk of Personally Known X Produced Identification_ S X O the Board of County Commissioners of Q. —CiC CD Monroe County,Florida 09/25/19 Key West Citizen Type of Identification Produced r-n y 2c eg * a NI GI Elij NJN tv MI �N � CD KEYS NOTICE OF INTENTION TO COUNTY AND CODIFYING W EEKL CONSIDER ADOPTION OF ITC IUN YC DE;A MONROE COUNTY ORDINANCE COUNTY CODE;ADOPTING NOTICE IS HEREBY A POLICY FOR USE OF THE RECEIVED GIVEN TO WHOM IT MAY ADOPTED COUNTY SEAL; CONCERN that on October AND PROVIDING FOR 16,2019 at 1:30P.M.,or as SEVERABILITY AND AN SEP 09 2�� Published Weeklysoon thereafter as may be EFFECTIVE DATE. SEP9 heard,in the Marathon Pursuant to Section Marathon, Monroe Count , Florida Government Center, 286.0105,Florida Statutes, y 2798 Overseas Highway, notice is given that if a MONROE COUNTY ATTORNEY Marathon,Monroe County, person decides to appeal Florida, he ard any he PROOF OF PUBLICATION Monroe om y,Flo Boardwshrespeion eto by any County Commissioners of Board with respect to any Monroe County,Florida, matter considered at such intends to consider the hearings or meetings,he adoption of the following will need a record of the STATE OF FLORIDA County ordinance: proceedings,and that,for COUNTY OF MONROE BOARD OF COANCE UNTY such enspurpose,that hev verbatim a need im BOARD OF COUNTY to ensure that a verbatim COMMISSIONERS OF record of the proceedings Before the undersigned authority MONROE COUNTY, is made,which record FLORIDA,ADOPTING THE includes the testimony and personally appeared JASON KOLER who OFFICIAL SEAL OF MONROE evidence upon which the appeal ed. on oath, says that he is PUBLISHER of ADAASsSTA to NbEsIf ADA ASSISTANCE:If you are a person with the WEEKLY NEWSPAPERS, a weekly a disability who needs special accommodations in newspaper published in Marathon, in order to participate in this proceeding,please contact Monroe County, Florida: that the the County Administrator's attached co of advertisement was Office,by phoning(305) py 292-4441,between the hours published in said newspaper in the p.m.,n la8ter30 thanfiv00 no later five issues of:(date(s)of publication) (5)calendar days prior to the scheduled meeting;if e jiTitet1lbr. you are hearing or voice ith O / impaired,call"711".Live �C / Closed Captioning is available via our web portal @ htta://monroecountvfl. iam2.com for meetings of the Monroe County Board Affiant further says that the said WEEKLY of County Commissioners. y Dated at Key West,Florida, NEWSPAPERS is a newspaper published this 2019.8'^day of September, at Marathon, in said Monroe Count , KEVIN MADOK,Clerk of the y Circuit Court Florida,and that the said newspaper has and ex officio Clerk of the Board of County heretofore been continuously published Commissioners of Monroe In said Monroe County, Florida, once PublishPublish:Florida : September 26,2019 each week (on Thursday) and has been The Weekly Newspapers qualified as a second class mail matter at the post office in Marathon, In Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement.The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s)and that The Weekly Newspapers is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Sw n t an s scribed before me - -- - - • th d y of , 2019. 'lt-'•m,.. CHARLOTTE HRUSKA 2 4. • ' MY COMMISSION 1/GG 221835 (SEAL) EXPIRES:September 1,2022 '• di iti°• Bonded Thu Notary Public Underwriters (-ieeLf_.424_ Xl).“-a-L- „. .. . Notary � a Marathon•Sunshine Key•Big Pine Key•No Name Key•Little,Middle&Big Torch Key•Ramrod Key•Summerland Key•Cudjoe Key•Sugarloaf Key „ � �, � � � ,�' etc � . 44— 1' 1 * 41 y;y, a 4. Yjito a7 . .� > . < 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 Phone: 305-872-0106 Fax: 305-515-2939 AFFIDAVIT OF PUBLICATION RECEIVED STATE OF FLORIDA OCT 0 9 2019 COUNTY OF MONROE MONROE COUNTY ATTORNL. 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: LEGAL NOTICE: INTENT TO CONSIDER ORD ADOPTING COUNTY SEAL: COUNTY ADMINIS- TRATOR, HISTORIC GATO BUILDING 1100 SIMONTON ST., SUITE 2-205, KEY WEST, FL 33040 was published in said newspaper in the issue(s) of: September 27, 2019 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 OCTOBER, 2019 ,41. cc, 5kokr A- CAS Signature of Notary .00—Q0,40.HANA CASEY Printed Name of Notary MY COMMISSION#GG2958I "Force EXPIRES:September 13,2020 Expires Personally Known ✓ Produced Identification Type of Identification Produced NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on October 16,2019 at 1:30 P.M.,or as soon thereafter as may be heard,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 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. 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" Live Closed Captioning is available via our web portal http://rnonroecountyfl.iim2.com for meetings of the Monroe County Board of County Commissioners. Dated at Key West,Florida,this 18`h day of September,2019. KEVIN MADOK,Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida f� GVR COUR�Q 4.*0". -`°-00�QA Kevin Madok, CPA ;O 30 ....... Clerk of the Circuit Court& Comptroller—Monroe County, Florida ~Roscoo� October 25, 2019 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. 034-2019 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting,held in formal session,on October 16,2019. 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: Municipal Code County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RON DESANTIS LAUREL M. LEE Governor Secretary of State October 25, 2019 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam 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. 034-2019, which was filed in this office on October 25, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.ft.us From: ords2municode.com To: Pete rs-Katherine2monroecounty-fl.aov; Pam Hancock Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 20 Update 1 Date: Thursday,October 31,2019 12:40:26 PM Attachments: ATT00001.bin ATT00002.bin ****THIS IS AN AUTOMATICALLY GENERATED EMAIL* Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 20 Update 1 Ordinance No. 034-2019 10/16/2019 10/31/2019 PDF Ordinance No. 035-2019 10/16/2019 10/31/2019 PDF ' _ ' Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly.