Item P05 � P.5
� � �, 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
July 15, 2020
Agenda Item Number: P.5
Agenda Item Summary #7005
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado (305) 292-3470
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: 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 stickers 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:
6/17/20 (N3) BOCC scheduled a public hearing for July 15, 2020 in Marathon, FL at 1:30 P.M.
or as soon thereafter as may be heard
CONTRACT/AGREEMENT CHANGES:
Public hearing to adopt an Ordinance establishing section 11-5 of Chapter 11
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P.5
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance 11-5 Hurricane re-entry stickers final
AMENDED (CMT)Notice of Intention to Consider Adoption of County Ordinance re: hurricane re-
entry stickers BOCC 7 15 20 (7 1 20)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: $0.00
Total Cost to County: Advertising Costs
Current Year Portion: $0.00
Budgeted: N/A
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:
Pedro Mercado Completed 06/29/2020 11:24 AM
Bob Shillinger Completed 06/29/2020 2:10 PM
Purchasing Completed 06/29/2020 3:03 PM
Budget and Finance Completed 06/29/2020 4:02 PM
Maria Slavik Completed 06/29/2020 4:10 PM
Kathy Peters Completed 06/29/2020 4:24 PM
Board of County Commissioners Pending 07/15/2020 9:00 AM
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P.5.a
ORDINANCE NO. -2020 2
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, e
ESTABLISHING SECTION 11-5 OF THE MONROE 2
COUNTY CODE ENTITLED HURRICANE RE-ENTRY y
STICKERS; PROVIDING FOR ADMINISTRATION;
PROVIDING FOR PRESUMPTIVE PROOF OF 0
RESIDENCY; FINDING THAT HURRICANE RE-ENTRY 2
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 0
other individuals essential to a given recovery effort; and
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WHEREAS, during these events Monroe County utilizes a checkpoint to monitor
and control access to the Florida Keys; and s
WHEREAS, Monroe County issues hurricane re-entry vehicle stickers to its residents
to provide for an efficient means of processing residents through the checkpoint; and c.
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WHEREAS, during the COVID pandemic efficient, effective operations at the
checkpoint were thwarted when unknown individuals distributed counterfeit hurricane re-entry
stickers; and
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WHEREAS, the forgery of a public record is a felony offense pursuant to Florida
Statues section 831.01; a
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
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 a
Monroe County Code Section 11-1 and entry into the Florida Keys has been restricted.
Page 1 of 2
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P.5.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 n
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. a
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SECTION 2: SEVERABIL,TTY. 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 Q
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 -a
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 0
ordinance shall be included and incorporated in the Code of Ordinances of the County of M
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to c
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. e
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.
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Mayor Heather Carruthers
Mayor Pro Tem Michelle Coldiron
Commissioner Craig Cates
Commissioner David Rice u
Commissioner Sylvia Murphy
.2
(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
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P.5.b
AMENDED NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 15,2020 at 1:30 P.M., LO
or as soon thereafter as may be heard,the Board of County Commissioners of Monroe County,Florida,
intends to consider the adoption of the following County ordinance:
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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
STICKERS; PROVIDING FOR ADMINISTRATION;
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.
Pursuant to Executive Order No. 20-69 (extended by Executive Orders No. 20-112, 20-139 and 20-150),
Monroe County Emergency Directive 20-06, and the Center for Disease Control("CDC)social distancing 0
guidelines established to contain the spread of the COVID-19 virus, this meeting will be conducted via
Communication Media Technology ("CMT") using a Zoom Webinar platform @
https://www.monroecounty-fl.Gov/BoccMeetin�July15.
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The public is strongly encouraged to watch the meeting on Monroe County's MCTV Comcast
Channel 76 or listen to audio only from their phone by dialing (646) 518-9805 or (669) 900- 6833
and,when prompted, enter the Webinar ID# 966 7596 0018 followed by the# key.
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The public can watch the meeting online by visiting the County's meeting portal @ 0
http://monroecoun@.igm2.com/Citizens/Default.aWx and selecting the "Watch Live" banner to view o
with live closed captioning on an integrated page that includes the agenda/agenda backup.
If a person wants to comment on a particular item on the public portion of the agenda, when the meeting
host and/or the Mayor calls for speakers on the item you wish to comment on: W
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a) If phoning-in: dial *9 to "raise your hand" to be recognized by the Zoom webinar
monitor. �
b) If watching the meeting online: click on/open the live Zoom webinar link
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https://www.monroecounly-fl.!,2�ov/BoccMeetin,!2�Julyl5 that appears in both the a
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published Agenda and Agenda Packet. When prompted, enter your email address and LU
name to join the webinar and then select the "Raised Hand" feature that appears at the �t
bottom of the Zoom webinar screen to be recognized by the meeting monitor.
The meeting monitor/host will request the item # you wish to speak on and enable your participation
when the Mayor calls for public speakers on your item. To report problems with the broadcast,please
call (305) 872-8831.
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P.5.b
A person may submit written or other physical evidence on a particular agenda item for consideration at
the BOCC meeting to Lindsey Ballard via email to: ballard-lindseyna monroecounty-fl.gov or by mail to:
The County Administrator's Office, 1100 Simonton Street, Key West,FL 33040. The documents must �`-
be received by 3:00 p.m. on Monday,July 13,2020 and must include the submitter's name,address,
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phone number and email address and the agenda item number the documents are regarding.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any U
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:Amonroecountyfl.iym2.corn/Citizens/Default.ash for meetings of the Monroe County Board of
County Commissioners.
Dated at Key West, Florida, this 241h day of June, 2020.
KEVIN MADOK, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
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Publication dates:
KW Citizen (Wed) 7/l/20—Account# 143331 (BOCC)
Keys Weekly(Th) 7/2/20 -Account#2074 (BOCC)
News Barometer (Fr) 7/3/20 -Account#NB007 (BOCC)
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P.5.b
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 15,2020 at 1:30 P.M., LO
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 OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ESTABLISHING SECTION 11-5 OF THE MONROE
COUNTY CODE ENTITLED HURRICANE RE-ENTRY
STICKERS; PROVIDING FOR ADMINISTRATION;
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.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any 0
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 r_
of the proceedings is made, which record includes the testimony and evidence upon which the appeal is
0.
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, U
if'you are hearing or voice impaired, call "711': Live Closed Captioning is available via our web portal 0
@ htq!.11monroecountyfl.igm2.com for meetings of the Monroe County Board of County
Commissioners.
Dated at Key West, Florida, this 17th day of June, 2020.
c
KEVIN MADOK, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County z
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Wed) 6/24/20—Account# 143331 (BOCC)
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Keys Weekly(Th) 6/25/20 -Account#2074 (BOCC)
News Barometer (Fr) 6/26/20 -Account#NB007 (BOCC)
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