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Item N3 � N.3 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting June 17, 2020 Agenda Item Number: N.3 Agenda Item Summary #6996 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado (305) 292-3470 N/A AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an ordinance establishing section 11-5 of the Monroe County Code codifying the hurricane re-entry sticker program and by providing penalties for those who forge and present forged stickers. ITEM BACKGROUND: In order to protect life and property, Monroe County limits entry in to the Florida Keys following a natural disaster/declared emergency. First responders and emergency workers are the first to allowed entry in to the keys followed by residents, once conditions are found to be safe, to aid in the recovery process following a natural disaster/declared emergency. In order to control access to the Keys, the Sheriff will establish checkpoints to ensure that those entering the keys are either essential to the recovery operation or residents of the Keys. In order to provide for efficient operations at the checkpoints, the County distributes hurricane re-entry stickers to Monroe County residents. During the recent COVID pandemic it was found that counterfeit hurricane re-entry stickers were being produced and distributed outside of the County. The forged re-entry stickers were then used by individuals who were not residents of the Keys in an attempt to gain entry into the Keys. In response to the fraudulent activity, all hurricane re-entry stickers were invalidated thus causing checkpoint operations to become unnecessarily burdensome. This new section of Chapter 11 provides that the new strcckers issued will remain property of Monroe County. The ordinance also provides a mechanism for prosecution of those who forge stickers and those who intentionally present them at the checkpoint. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: Public hearing to adopt an Ordinance establishing section 11-5 of Chapter 11 STAFF RECOMMENDATION: Approval Packet Pg. 2384 N.3 DOCUMENTATION: Ordinance 11-5 Hurricane re-entry stickers final FINANCIAL IMPACT: Effective Date: Upon receipt by the FL Dept. of State. Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: Advertising Costs Current Year Portion: TBD 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: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: Bob Shillinger Completed 06/02/2020 11:24 AM Kathy Peters Completed 06/02/2020 11:34 AM Board of County Commissioners Pending 06/17/2020 9:00 AM Packet Pg. 2385 N.3.a ORDINANCE NO. -2020 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING SECTION 11-5 OF THE MONROE COUNTY CODE ENTITLED HURRICANE RE-ENTRY -a STICKERS; PROVIDING FOR ADMINISTRATION; 0 PROVIDING FOR PRESUMPTIVE PROOF OF RESIDENCY; FINDING THAT HURRICANE RE-ENTRY STICKERS ARE A PUBLIC RECORD; PROVIDING FOR PROSECUTION IN THE EVENT OF FORGERY OF HURRICANE RE-ENTRY STICKERS; 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,following hurricanes and other natural disasters,Monroe County has limited entry into the Florida Keys to Monroe County residents, law enforcement, military and other individuals essential to a given recovery effort; and 2 WHEREAS, during these events Monroe County utilizes a checkpoint to monitor and control access to the Florida Keys; and WHEREAS, Monroe County issues hurricane re-entry vehicle stickers to its residents 2 to provide for an efficient means of processing residents through the checkpoint; and WHEREAS, during the COVID pandemic efficient, effective operations at the checkpoint were thwarted when unknown individuals distributed counterfeit hurricane re-entry - stickers; and 2 WHEREAS, the forgery of a public record is a felony offense pursuant to Florida Statues section 831.01; ' m NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Sec. 11-5.—Hurricane Re-entry Sticker. LO (A) A hurricane re-entry permit program shall be administered by the Monroe County Emergency Management Director or his/her designee. (B) A hurricane re-entry sticker shall be presumptive proof of residency whenever a local State of Emergency has been declared by the Mayor of Monroe County pursuant to Monroe County Code Section 11-1 and entry into the Florida Keys has been restricted. W Page 1 of 2 Packet Pg. 2386 N.3.a (C) The Board finds that hurricane re-entry stickers issued pursuant to this section are public records that shall remain property of Monroe County after distribution to residents. (D) Any individual engaged in the unauthorized reproduction of a Monroe County hurricane re-entry sticker may be prosecuted in the proper court for forgery and any 'a individual who presents an unauthorized reproduction of a Monroe County hurricane re-entry sticker may be prosecuted for uttering a forged instrument under Chapter 831, Florida Statutes. 0 SECTION 2: SEVERABIL,TTY. If any portion of this ordinance is for any reason held M invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the 0 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. s SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of :5 CL 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 2 conform to the uniform numbering system of the Code. SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of State and shall be effective as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County Florida, at a regular meeting of said Board held on the day of 2020. - Mayor Heather Carruthers 2 Mayor Pro Tem Michelle Coldiron , Commissioner Craig Cates Commissioner David Rice Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS LO Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Heather Carruthers Page 2 of 2 Packet Pg. 2387