Item R01 R.1
G 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
October 16, 2019
Agenda Item Number: R.1
Agenda Item Summary #6094
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: 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:
9/18/19 (P-5) BOCC scheduled a public hearing to be held October 16, 2019 in Marathon, FL at
1:30 P.M. or as soon thereafter as may be heard
BOCC adopted Resolution No. 497-1995
BOCC adopted Resolution No. 292-2010
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Packet Pg. 2359
R.1
STAMPED County Seal Ordinance (WITH ATTACHMENT "A") 9 30 19
Notice of Intention to Consider Adoption of County Ordinance adopting County Seal w/POP (KW
Citizen, Keys Weekly & News Barometer) 10 9 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 09/30/2019 10:44 AM
Budget and Finance Completed 09/30/2019 12:07 PM
Maria Slavik Completed 09/30/2019 12:30 PM
Kathy Peters Completed 09/30/2019 5:44 PM
Board of County Commissioners Pending 10/16/2019 9:00 AM
Packet Pg. 2360
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 0
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 0
official seal; andcv
Z:
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
T
seal adopted by ordinance; and
WHEREAS, in 1995, the Board of County Cormnissioners, 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 z
Resolution No. 292-2010 and attempted to protect its intellectual property in the County Seal by W
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
0
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1. Section 2-29 of the Monroe County Code is hereby created to read as follows:
0
(1) ADOPTION OF COUNTY SEAL. The Board of County
Corrunissioners of Monroe County, Florida hereby adopts the County
W
Seal as depicted in attachment A to this ordinance and incorporated by a.
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
E
their official duties requires express approval by the Board of County
Page 1. of 2
Packet Pg. 2361
Commissioners. It shall be the policy of the Board of County (n
Commissioners of Monroe County that requests for use of the County
sea] 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
0
already undertaken some initiative, such as the creation of an advisory
comniittee or implementation of a related program. The manufacture,
use, display, or other employment of any facsimile or reproduction of 0
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 0
Z:
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
.2
injunctive relief, against any person or entity who uses the seal without T
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.
Z
W
SECTION 3. Conflict. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
SEE-TIQN 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 0
-1----------
Commissioner Michelle Coldiron
------------
Commissioner Heather Carruthers
Commissioner David Rice
0
(SEAL) BOARD OF COUNTY COMMISSIONERS W
Attest: KE VIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
By: ................................... ............. .................. .......................... By:
Deputy Clerk Mayor Sylvia J. Murphy
MONROE COUNTY ATrORNEY E
;APPPO, Q ,,TZ19Rk:
;;k-,-SA—W—NGER,JFt
Page 2 of 2 G"4Tx�njmrw
Dow—
Packet Pg. 2362
R.1.a
ATTACHMENT "A"
TO ORDINANCE
a�
0
a®
c
orr
d d
w
m r, PoMIM��: �n��9ii ymyww&.va
'�umimrmrm�wu�miv�
�m��„�Mswlr�Mh�w ,�mm�M, �,.en•,tt�. �aM na'd�x Q
CY
t�
a®
f!5
f!5
Packet Pg. 2363
R.1.b
NOTICE OF INTENTION TO CONSIDER U)
ADOPTION OF COUNTY ORDINANCE
06
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on October 16, 2019 at 1:30 a,
P.M., or as soon thereafter as may be heard, in the Marathon Government Center, 2798 Overseas 0
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 U
of the proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based. CL
0
cu
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
@ hgE.11monroecounLfl.L(m2.com for meetings of the Monroe County Board of County �
Commissioners.
0
�s
Dated at Key West, Florida, this 181' 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
as
a�
0
U
Publication dates:
KW Citizen (Wednesday) 9/25/19—Account# 143331 (BOCC)
Keys Weekly(Th) 9/26/19 -Account#2074 (BOCC)
News Barometer (Fr) 9/27/19 -Account#NB007 (BOCC) E
4-
0
4)
0
Packet Pg. 2364
t ,
^A
K Y ' r .t,
i
U)
The Florida Keys Only Daily Newspaper Est. 1876
PO Box 1800,Key West FL 3304E t:(,�.F.)tl (P:(305)292-7777 ext 219 F:(305)295-8025 06
legals@keysnews.com 06,T0 3 2 019
MONROE COA 0
t��:�rto-t.c:: r��:ttsn,l.�°�.r..y..r�l�ritm, 0
THE HISTORIC GATO BUILDING110 - 05
Y WEST FL 33040
Account: 1331 Ticket: 31272
PUBLISHER'SAFFIDAVIT NOTICE OF I "N'nQN T C NSiN,E,, ,
ADOPTIOR OF«UNTO f3fft3tNAF!
STATE OF FLORIDA
NOTICE OF INTENTION TO CONSIDER NOTICE IS HEFiE�Y GIVEN TO-WHOM 'IL
L
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE IT MkY CONCERN that on Oe�esEa�96, 0
2019at'1 30 PM, or a4�soon thereafter O
IL
NOTICE 15 HEREBY GIVEN TO WHOM asIT MAY CONCERN that on October 16, ¢rnmelftyter 2 ,
Befo a the ndersig authority personally appeared z01g at 1:30 RM.,or as soon thereafter maw M1a onfNlonroe CoUntr Flort
") as may be heard,in the Marathon Gov da tKe Board of CourrEy Combirssioners
ernment Center;2798 Overseas Ht h- of Mantoe,toynty.Florida mtendyto
who on oath says that he or she is way,Marathon,Monroe County,Fton- considei the adoptron ofithe following
Couptyord!nance
., da,the Board of County Commissioners ���i r� �
- of Monroe County, Florida,intends to AN ORttttCE BY„THE BOARD OF,
Y m, of the Key West Citizen,a daily news- consider the adoption of the following C0�lNTX C MlfiftSS�ONERS OF,,M4N- 0
County ordinance: ROE C4SUl, FLORIEA 4DOPTING THE
paper published in K West, in, onroe County, Florida;that the attached copy oFF4 AL of oNdE COUNTY
al notice in the matter of COUNTY ORDINANCE CO ORDNANCE S THE BOARD OF
of advertisment,beingA(t t(SDfPyIt�GtT1NT0,HE t9N WE
a legal COUNTY COMMISSIONERS OF MON- COUJ4Tf LODE,ADOPT fa A OUNTY
10.16 was published in said new spap In the issues Of: ROE COUNTY FLORIDA ADOPTING THE FOR t�1 C4F,7HE,ADSSPTECYClUNTti`
OFFICIAL SEAL OF MONROE COUNTYEAt;AN {tOVIDING FOR SEVERABfL�
AND CODIFYING IT INTO THE MONROE tTY 1�ND �FFBGI IVE DATES ;
Wednesday, September 25,2019 COUNTY CODE; ADOPTING A POLICY
FOR USE OF THE ADOPTED COUNTY Pursuant to Section 2860105, Florid<
SEAL;AND PROVIDING FOR SEVERABIL- Statutes,notice is given that if a persor 0
ITY AND AN EFFECTIVE DATE. decides to appeal an decision made b
to
Affiant further says that the Key West Citizen is a newspaper published in Key the Board Pursuant to Section 286.0105, Florida considered at wt respect such heanriin any matte
gs or meet
West, in said Monroe County, Florida and that the said newspapers has hereto- Statutes,notice is given that if a person ings,;K0 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, and that,for such purposE
the Board with respect to any matter he may,need to ensure that a verba
has been entered as periodicals matter at the post office in Key West,in said considered at such hearings or meet- t�rrr'rc art ofi the proceed�ngs,�a mad4
Monroe County, Florida,for a period of 1 year next preceding the first publication
r—
ings,he will need a record of the pro- wK tb;,rcordjsnciudes the test�mon
ceedings, and that, for such purpose, ar(d evidene uprni'Yvhith"the'a(3peel" 0
of the attached copy of advertisement;and affiant further says that he or she has he may need to ensure that a verba- to be based,
neither paid nor promised any person,firm or corporation any discount, rebate, tim recordC of the
proceedings
ist m made,
on Ar A AsstsrAlvCt tf ou are a persc 4-
commission or refund for the ur ose of securin this advertisement for ublica- c
purpose 9 p y with a disability w ,o needs sped
and evidence upon which the appeal is
tlon in the said newspaper. to be based. accommodations in order to parta
ate in this proceeding,, €ease tonta
ADA ASSISTANCE:If ou are a person the Coudt3 Administrator's Office, 9
y phoning(305)292-4441,between t,
with a disability who needs special hours of(3 0 a.m.,-5:00 p.m.,not �
(Si �atu�r�e__OfAf�ta�n_t) _C_=� accommodations in order to panic€- er than give,(5)calendar days prior
pate in this proceeding,please contact the scheduled meeting;if you are he.
the County Administrator's Office, by in99MMU
or voice impaired,call"711". L, as
A irrrl d s�t scob before me this 25th day of September 2019 phoning(305)292-4441, between the s avaitabte via c
hours of 8:30 a.m.-5:00 p.m.,no lat- Plriaonroecnunt °U)
ubiiC S er than five(5)calendar days prior to ings of the M+
Fr
the scheduled meeting if you are hear- f,County Comri
tore ing or voice impaired call"711". Live sioners.
( ) Closed Captioning is available via our
web portal 0htto:tlmonroecountvfl. Dated at Key West, Florida,this 1
igm2som for meetings of the Mon- day of September,2019.
���s�saaaraer roe County Board of County Commis-
(Notary P lie Printed Name) (Nota ® sioners. KEVIN MADOK, Clerk
the Circuit Cour and ex officio Cierl
Dated at Key west, Florida, this 18th the Board of County Commissioner
My commission expires °' day of September,2019. Monroe 09125f19CKevest Citizen zen
W,11°svrrrspasM"s KEVIN MADOK, Clerk of _ - —
t the Circuit Court and ex off icio Clerk of
Personally Known Produced Identification the Board of county commissioners of
Monroe County,Florida
Type of Identification Produced a. Z 09125119 Kevwest Citizen
m
t W °x
�t
CS 0
e
Packet Pg. 2365
R.1.b
MS �r cs�u
WE E JKLcomer i�"fk�
c fY o�� cr Co nth
t ft r fir ,r r LCEIVED
cfv �e MAY, ac U)
� h tefnocto4or AhIt P ovlCstP� EAR,,,
at:.i ap 'or s, s yr Bl�rr r c� 6�1
Published Weeklysrtrnaeefterneay"b rEEcyrc�rr,
heard fh0 4aatathon. Pur ua t to Sear®r�, 06
Marathon,Monroe County, Florida svrnntcer, � � Ef�r,dastutes.
2 9 rs HighWay, not�c qs gav n that��" 6 t:l p: C u i&�G° 0-TOB�Nry
ar onrs county, person decrc9es to appeal
PROOF OF P'U►B ,IT'10 anydee�s@madeyth
court' mrzsrssaonees raf. Board4�u$h�es�rect to a
Fonra�nty F�e>ridi„ rMft�r�'
aena consrderthe I, hearwrrgsoe rr�eetengs fS
STATE OF FLORIDA
pvi(I
prnee�4arecoraofth
fortrd�nance oc r
drngs,a�rdfffat,fo
�cfce �� sucbplrpose
COUNTY OF MONROE o f of f r' tecprq,ethataverbaffn
t2 record'safhe pproeeed Gg
Before the undersigned authority r �
�s made vvb€t record
d flr rneiudos tf e tos#1", and
personally appeared JASON KOLER who 5, tt°� evfdenceuponuuhiehthe
on oath, says that he is PUBLISHER of app�Alostobekzaseef.
Ac AssfsT-�r�cl~[f �
yaaxl���persorE moth �
the WEEKLY NEWSPAPERS, a weekly adfsib'ditywhoneeas
so,da[A�cbrnmoclatlohs,in
newspaper published in Marathon, in ordei`foparffcipatiinthis
pros'6edrng con
tact ntact IL
Monroe County, Florida: that the ttw�ounty r6inrstrator's
attached copyof advertisement was 0-bet ee �) {
2�2- a7 0�t�een tie°
ublished in said news a hovrsofi., s'ix'n,-s:oa
p p per in the nr.,no later than,five (n
issues of:(date(s)of publication) Mileris fday pribrto
the scheduled roeetin%if
�-
m it hearing 1 .Dave 0 i €red tail°211.i_'sv 0
Closed captioning is
availablevia,oprw0b.pno— l
@ fitS rnanroe (ffe
I s r2.com for rraeeti,s Tf
the MMonroe o srity ROa rd of Co91
Affiant further says that the said WEEKLY Date at, Came st,sFllners. o
y Date at Key.treat,Epordda, �
NEWSPAPERS is a newspaper published 2t0i1dayafsptetrrber,
9.
at Marathon, in said Monroe Count y, KEvI(V [7C3K,C4erctfthe
Clicuit Court
Florida,and that the said newspaper has anderr'c�ffjtloClerkdithe
Board of crid*
heretofore been continuously published commissiph'tisof'Mohroe
In said Monroe County, Florida, once PU If
rlo �
se p era ew26"2019
each week (on Thursday) and has been Tfre9 e lyi e spapers
qualified as a second class mail matter at o
�s
the post office in Marathon, In Monroe
County, Florida,for a period of one year
next preceding the first publication o
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 U
securing this advertisement for
publication in the said newspaper(s)an
that The Weeklv Newspa ers is in full
comK)Iiance with Chapter 0 o the
Florida State Statutes o _Le_qal and
Official Advertisements. o
0
Sw n t an s scribed before me
t d y o , 1 . '.........16'-.
s 1
(SEAL)
Onw:&Pwatv 1.
rr
Notary
Packet Pg. 2366
R.1.b
I Sunshine Key-Big BI Pine Key-No No Name
d 9„Torch
_... _y mmerland KeyCudioe Key-Sugarloaf Key
Middle&Big Torch Key-Ramrod Ke •Su Isar Y° 9 y.. aneKey L i3
afh4n•
pp ON
06
a
fi rr` Jet Y
f
3 330 Overseas Highway P.O. Box 431639 BigPine Key, FL 33043
Phone: 3 5® 2- 1 Fax: -51 -2 3
AFFIDAVIT OF PUBLICATION RECEIVED
STATE L IOCT 0 9 201
COUNTY
MONROE COUNTY RTTORNL
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
o :
NOTICE:LEGAL INTENT TO CONSIDER ORD ADOPTING COUNTY SEAL: COUNTYADMINIS-
0
TRATOR, HISTORICBUILDING 1100 SIMONTONT., IT 2-205, KEY WEST, FL 33040
as published in said newspaper in the issue(s) of:
September 27, 2019
Aff iant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in
said onroe 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 U
office in Big Pine Key, in said Monroe County, Florida, fora period of 1 year next proceeding the first
publication of the attached copy of advertisement; and a iant further says that she has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund for the p r-
ose of securing this advertisement for publication in said newspaper.
Signature nature of ,...,r.°..n. �s
0
Sworn and subscribed before me this 4TH Day of OCTOBER, 2019
Y
Signature of Notary HANA.CASEY Printed Name of Notary
My COMMISSION#GG29581 �
or
EXPIRES:September 13,2f}20 .
Expires
Personally Known �... Produced Identification
Type of Identification Produced _ ....
Packet Pg. 2367
R.1.b
U)
3
U)
/lJ
IL
IL
/i
�
��. ;;/ ����? �� � �/i, ,//,i�„' /i�%' /• %,%' ��///iii��/%//� � '��i/%i�/ % f�
;,,,'. ,%�//iii���ii ��/iiir�l,,, r/.s � i rig � &i /r//.� i;,,//.✓%%��i�/,;. ` '," � ,, ?%,. //�� , I��i .//� �
,
iii
jE
ro°
,,,, �i% 'k o r
u4,
NMI
c
2
t c
Packet Pg. 2368