Item S1* 3:00 P.M. Public Hearing *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/19/13 - MAR
Division: County Attorney
Bulk Item: Yes No X Staff Contact: Bob Shillinizer_ 292-3470
AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance amending Sec.
2-59(a) and (b) and creating 2-59 (d) Monroe County Code authorizing the County Attorney and
Assistant County Attorneys to accept service of process on behalf of the County in limited
circumstances.
ITEM BACKGROUND: The proposed ordinance would authorize the County's legal staff to accept
service on behalf of the County, when the County is named as a party to a lawsuit. The proposed
ordinance would not change the current requirement of service upon the individual officer or employee
of the County when that individual is named on the legal process, such as a witness subpoena.
The proposed Ordinance amends Sec. 2-59(a) and (b) and creates 2-59(d) of the Monroe County Code
authorizing the County Attorney and Assistant County Attorneys to accept service of process on behalf
of the County in limited circumstances. One public hearing is required for adoption of the ordinance.
PREVIOUS RELEVANT BOCC ACTION:
12/20/1995 Ordinance No. 52-1995 (created existing Sec. 2-59, MCC)
5/15/13 BOCC scheduled public hearing for June 19, 2013 at 3:00 p.m. in Marathon, FL (R-3)
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
County of Monroe
The Florida Keys
Robert B. Shillinger, County Attorney**
Pedro J. Mercado, Assistant County Attorney **
Susan M. Grimsley, Assistant County Attorney**
Natileene W. Cassel, Assistant County Attorney**
Cynthia L. Hall, Assistant County Attorney **
Christine Limbert-Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney
Lisa Granger, Assistant County Attorney
Steven T. Williams, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
�r Mayor Pro Tem, Heather Carruthers, District 3
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
Office of the County Attorney
1111 121h Street, Suite 408
Key West, FL 33040
(305) 292-3470 — Phone
(305) 292-3516 — Fax
** Board Certified in City, County & I..ocal Govt. Law
MEMORANDUM
TO: Mayor and County Commissioners
FROM: Bob Shillinger, County Attorney
tRE: Proposed Ordinance amending Sec. 2-59(a) and (b) and creating 2-59(d), Monroe County
Code authorizing the County Attorney to accept service of process on behalf of the County
DATE: April 26, 2013
This ordinance has been drafted at the direction of the Commission on April 17, 2013 upon the
suggestion of the County Attorney as a way to remove an administrative burden on the Mayor and to
improve the efficiency of the County Attorney's Office. Under current practice, when the County as an
entity is to be served with process, the process server must serve the Mayor personally, provided the
Mayor is present within the jurisdiction! If the Mayor is absent from the jurisdiction, the law allows
for the Mayor Pro Ternto be served.Z If both the Mayor and Mayor Pro tem are absent, the process
server can serve any member of the Commission.3 Often, process servers will attempt service at the
County Attorney's Office. These attempts are routinely turned away with instructions to serve the
Mayor. This proposed ordinance would eliminate the need for process servers to track down the Mayor
and would allow the County Attorney's Office to commence a timely defense of the action.
Under Florida law, service of process must be accomplished in strict compliance with the statutory
requirements. See, Abbate v. Provident National Bank, 631 So.2d 312 (Fla. 5th DCA 1994); and
Henzel v. Noel, 598 So.2d 220 (Fla. 5th DCA 1992). However, it is common practice in Florida to
designate an agent to accept service on behalf of the client. Florida law4 vests the Commission with
broad discretion in conducting the affairs of County government so long as not inconsistent with
general or special law. Nothing in Florida law prohibits a party, such as the County, from authorizing
its attorney to accept service on its behalf.
As it is written now, Section 2-59 of the County Code, prohibits county employees from accepting
service on behalf of the County, Commissioners, the Clerk, the Administrator, the County Attorney, or
t F.S. 48.111(1).
z Ibid.
3 Ibid.
a F.S. 125.01(1).
any other county employees The code also prohibits Commissioners, the Clerk, the Administrator, the
County Attorney and other employees from authorizing other employees to accept service on his or her
behalf.'
The proposed ordinance would create a new subsection (d) to 2-59, which would authorize the County
Attorney and any Assistant County Attorney to accept service of process on behalf of the County when
the County is named as a party to a law suit. The draft ordinance authorizes only these employees to
accept service on behalf of the County because, in addition to being held accountable to as employees
when served, attorneys have a professional duty of competent representation which outlasts their
employment relationship with the County. The authorization of a government agency's attorneys to
accept service is not unique. In fact, the State of Florida has authorized each state attorney and
assistant state attorney to accept service on behalf of the State.
Under the proposed ordinance, individual officers or employees named on legal process would still
need to be personally served in order for the process to be effectively served. For example, if a County
employee is subpoenaed to appear in Court, the party issuing the subpoena must still serve the
individual employee. Similarly, if there is a certiorari challenge to an administrative decision made by
an employee such as the Planning Director or Building Official, process would still need to be served
on that employee.
This proposed ordinance is procedural in nature and will not result in any exposure to liability to the
County. One public hearing is required for adoption of the ordinance.'
BS:kmp
Attachment: Current Sec. 2-59, Monroe County Code
5 M.C.C. § 2-59(a).
6 M.C.C. § 2-59(b).
7 F.S. 48.121.
a F.S. 125.66(2).
Municode http://Iibrary.municode.com/prin... Page 1 of 1
Sec. 2-59. - County employees accepting service of process on behalf of other
employees prohibited.
(a) No county employee shall accept service of process on behalf of another county employee, the
county attorney, the county administrator, the clerk of the circuit courts, or any county
commissioner. Process includes, but is not limited to, summons and complaints, trial subpoenas,
and subpoenas for depositions. Nothing in this section shall prohibit the county attorney from
filing a responsive pleading motion, thereby waiving service of a summons and complaint, in any
case whenever the county, a member of the board of county commissioners, or an executive
employee in official capacity is named a defendant.
(b) No county employee, inclusive of the county attorney, the county administrator, the clerk of the
circuit courts, or any county commissioner shall authorize any county employee to accept
service of process on behalf of any other county employee, the county administrator, the clerk of
the circuit courts, or any county commissioner and as described in this section or in any other
form.
(c) Any county employee, inclusive of the county administrator, the clerk of the circuit courts, or any
county commissioner shall immediately make a photocopy of any document served or attempted
to be served upon that employee. Unless such process is directed to the person served
therewith, acceptance of service shall be refused, the original shall be returned to the party
attempting service, and the photocopied documents shall be forwarded to the office of the county
attorney forthwith, noting thereon the time, date and name of person upon whom service was
attempted.
(Code 1979, § 2-7 1. Ord. No. 52 1995, §§ 1-3)
http://Iibrary.municode.com/prin... http://Iibrary.municode.com/prin... 4/26/2013
ORDINANCE NO. — 2013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA AMENDING SEC. 2-59(a) AND (b)
AND CREATING SEC. 2-59(d) OF THE MONROE COUNTY CODE
AUTHORIZING THE COUNTY ATTORNEY AND ASSISTANT
COUNTY ATTORNEYS TO ACCEPT SERVICE OF PROCESS ON
BEHALF OF THE COUNTY IN LIMITED CIRCUMSTANCES,;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to F.S. 48.111(1), service of process against a county shall be
served upon the Mayor, if absent, the Vice -Mayor; and, if both the Mayor and Vice -Mayor are
absent, any member of the commission; and
WHEREAS, Sec. 2-179(a)(4) of the Monroe County Code authorizes the County
Attorney to represent the Board as the Board's County Attorney and, among other duties, shall
cause to be prosecuted and defended all causes of actions on behalf of the Board and the County;
and
WHEREAS, the Board has already authorized the County Attorney to immediately
defend any action against the County without first seeking Board approval under Sec. 2-182; and
WHEREAS, the service of process triggers deadlines for responding to the summons and
complaint; and
WHEREAS, given the unique geography of Monroe County, acceptance of service by
the County Attorney shall expedite the County's ability to promptly respond to pending actions;
and
WHEREAS, F.S. 48.111(1) does not prohibit the Board from authorizing the County
Attorney to accept service on the County's behalf;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Monroe County, Florida:
SECTION 1. Sec. 2-59. Monroe County Code is hereby amended to add language to
(a) and (b) and creating (d), with no amendment to (c), to read in its entirety
as follows:
Sec. 2-59. County employees accepting service of process on behalf of County or
other employees prohibited.
W NExc pt as provided for in subsection (d) no county employee, shall
accept service of process on behalf of another county employee, the
county attorney, the county administrator, the clerk of the circuit courts, or
any county commissioner. Process includes, but is not limited to,
summons and complaints, trial subpoenas, and subpoenas for depositions.
Nothing in this section shall prohibit the county attorney from filing a
Ord Amend accept service of process Page 1 of 3
See 2-59 MCC (KP)
responsive pleading motion, thereby waiving service of a summons and
complaint, in any case whenever the county, a member of the board of
county commissioners, or an executive employee in official capacity is
named as defendant.
(b) NExcept as provided for in subsection (d) no county employee, inclusive
of the county attorney, administrator, the clerk of the circuit courts, or any
county commissioner shall authorize any county employee to accept
service of process on behalf of another county employee, the county
administrator, the clerk of the circuit courts, or any county commissioner
and as described in this section or in any other form.
(c) Any county employee, inclusive of the county administrator, the clerk of
the circuit courts or any county commissioner shall immediately make a
photocopy of any document served or attempted to be served upon that
employee. Unless such process is directed to the person served therewith,
acceptance of service shall be refused, and the original returned to the
party attempting service, the photocopied documents shall be forwarded
to the office of the county attorney forthwith noting thereon the time,
date and name of person upon whom service was attempted.
(d� The Board authorizes the county attorney and assistant county attorneys
while physically present at the County Attorney's Office or any County
office building to accept service of process on behalf of the County when
the County is a party named in an action in lieu of servingthe e Mayor Vice
Mayor, or County Commissioner pursuant to F S 48.1110). No other
county employee including the county administrator is authorized to
accept service on behalf of the County. Notwithstanding the foregoing,
service of process on the Mayor Vice Mayor, or any commissioner
pursuant to F.S. 48.111 shall still constitute effective service
SECTION 3. DELIVERY TO THE SHERIFF OF MONROE COUNTY. The Board of
County Commissioners, by and through the Clerk, shall deliver a copy of this Ordinance to the
Sheriff of Monroe County, Florida so that the proper procedures and changes may be
implemented.
SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as a whole, or any part thereof, other than the part declared to be invalid. 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.
ad Amend accept service of process Page 2 of 3
Sec 2-59 MCC (KP)
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State 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 , 2013.
Mayor Neugent
Mayor Pro Tem Carruthers
Commissioner Murphy
Commissioner Rice
Commissioner Kolhage
(SEAL)
Attest: AMY HEAVILIN, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Ord Amend accept service of process Page 3 of 3
Sec 2-59 MCC (Kp) g
Mayor George Neugent
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 19, 2013 at 3:00
P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas
Highway, Mile Marker 50, 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 AMENDING SEC. 2-59(a) AND (b) AND
CREATING SEC. 2-59(d) OF THE MONROE COUNTY CODE AUTHORIZING
THE COUNTY ATTORNEY AND ASSISTANT COUNTY ATTORNEYS TO
ACCEPT SERVICE OF PROCESS ON BEHALF OF THE COUNTY IN LIMITED
CIRCUMSTANCES,; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING 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 "Ill'
Dated at Key West, Florida, this 15`h day of May, 2013.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL)
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Fr) 5/24/13
Keynoter (Sa) 5/25/13
Reporter (Fr) 5/24/13
ADDITIONAL BACK-UP:
Item R-3 Agenda Backup BOCC 5/15/13
Ordinance No. 052-1995
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5/15/13 - KL
Bulk Item: Yes X_ No
Division: County Attorney
Staff Contact: Bob Shillinger. 292-3470
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an
ordinance amending Sec. 2-59(a) and (b) and creating 2-59 (d) Monroe County Code authorizing the
County Attorney and Assistant County Attorneys to accept service of process on behalf of the County
in limited circumstances.
ITEM BACKGROUND: The proposed ordinance would authorize the County's legal staff to accept
service on behalf of the County, when the County is named as a party to a lawsuit. The proposed
ordinance would not change the current requirement of service upon the individual officer or employee
of the County when that individual is named on the legal process, such as a witness subpoena.
The proposed Ordinance amends Sec. 2-59(a) and (b) and creates 2-59(d) of the Monroe County Code
authorizing the County Attorney and Assistant County Attorneys to accept service of process on behalf
of the County in limited circumstances. One public hearing is required for adoption of the ordinance.
s aW ..vvv XW LL ♦ Mil 1 A1.11V14:
12/20/1995 Ordinance No. 52-1995 (created existing Sec. 2-59, MCC)
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval to advertise a public hearing
TOTAL COST: Ady costs INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: Adv costs SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty JL""OMB/pmchasing Risk Management
DOCUMENTATION: Included x Not Required _
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. — 2013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA AMENDING SEC. 2-59(a) AND (b)
AND CREATING SEC. 2-59(d) OF THE MONROE COUNTY CODE
AUTHORIZING THE COUNTY ATTORNEY AND ASSISTANT
COUNTY ATTORNEYS TO ACCEPT SERVICE OF PROCESS ON
BEHALF OF THE COUNTY IN LIMITED CIRCUMSTANCES,;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to F.S. 48.111(1), service of process against a county shall be
served upon the Mayor; if absent, the Vice -Mayor; and, if both the Mayor and Vice -Mayor are
absent, any member of the commission; and
WHEREAS, Sec. 2-179(a)(4) of the Monroe County Code authorizes the County
Attorney to represent the Board as the Board's County Attorney and, among other duties, shall
cause to be prosecuted and defended all causes of actions on behalf of the Board and the County;
and
WHEREAS, the Board has already authorized the County Attorney to immediately
defend any action against the County without first seeking Board approval under Sec. 2-182; and
WHEREAS, the service of process triggers deadlines for responding to the summons and
complaint; and
WHEREAS, given the unique geography of Monroe County, acceptance of service by
the County Attorney shall expedite the County's ability to promptly respond to pending actions;
and
WHEREAS, F.S. 48.111(1) does not prohibit the Board from authorizing the County
Attorney to accept service on the County's behalf;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Monroe County, Florida:
SECTION 1. Sec. 2-59. Monroe County Code is hereby amended to add language to
(a) and (b) and creating (d), with no amendment to (c), to read in its entirety
as follows:
Sec. 2-59. County employees accepting service of process on behalf of County or
other employees prohibited.
Laal NExcept as provided for in subsection (d) no county employee, shall
accept service of process on behalf of another county employee, the
county attorney, the county administrator, the clerk of the circuit courts, or
any county commissioner. Process includes, but is not limited to,
summons and complaints, trial subpoenas, and subpoenas for depositions.
Nothing in this section shall prohibit the county attorney from filing a
Ord Amend accept service of process Page 1 of 3
Sec 2-59 MCC (KP)
responsive pleading motion, thereby waiving service of a summons and
complaint, in any case whenever the county, a member of the board of
county commissioners, or an executive employee in official capacity is
named as defendant.
(b) NExcept as provided for in subsection (d), no county employee, inclusive
of the county attorney, administrator, the clerk of the circuit courts, or any
county commissioner shall authorize any county employee to accept
service of process on behalf of another county employee, the county
administrator, the clerk of the circuit courts, or any county commissioner
and as described in this section or in any other form.
(c) Any county employee, inclusive of the county administrator, the clerk of
the circuit courts or any county commissioner shall immediately make a
photocopy of any document served or attempted to be served upon that
employee. Unless such process is directed to the person served therewith,
acceptance of service shall be refused, and the original returned to the
party attempting service, the photocopied documents shall be forwarded
to the office of the county attorney forthwith noting thereon the time,
date and name of person upon whom service was attempted.
(d) The Board authorizes the county attorney and assistant county attorneys
while physically present at the County Attorney's Office or anCogpty
owned building, to accept service of process on behalf of the County
when the County is a party named in an action in lieu of serving the
Mayor, Vice Mayor, or County Commissioner pursuant to F.S. 48.111(1).
No other county employee including the county administrator is
authorized to accept service on behalf of the County. Notwithstanding the
foregoing, service of process on the Mayor Vice Mayor, or any
commissioner pursuant to F.S. 48.111 shall still constitute effective
service.
SECTION 3. DELIVERY TO THE SHERIFF OF MONROE COUNTY. The Board of
County Commissioners, by and through the Clerk, shall deliver a copy of this Ordinance to the
Sheriff of Monroe County, Florida so that the proper procedures and changes may be
implemented.
SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as a whole, or any part thereof, other than the part declared to be invalid. 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 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
Ord Amend accept service of process Page 2 of 3
Sec 2-59 MCC (KP)
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State 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 32013.
Mayor Neugent
Mayor Pro Tem Carruthers
Commissioner Murphy
Commissioner Rice
Commissioner Kolhage
(SEAL)
Attest: AMY HEAVILIN, Clerk
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk Mayor George Neugent
dA
-•: c�"
Ord Amend accept service of process Page 3 of 3
Sec 2-59 MCC (KP)
ADDITIONAL BACK-UP:
Ordinance No. 052-1995
Board of County Commissioners
ORDINANCE NO 052 -1995
AN ORDINANCE ENJOINING THE ACCEPTANCE OF SUBSTITUTED SERVICE OF PROCESS
BY ANY COUNTY EMPLOYEE ON BEHALF OF ANOTHER COUNTY EMPLOYEE, THE
COUNTY ATTORNEY, THE COUNTY ADMINISTRATOR, CLERK OF COURTS, OR A COUNTY
COMMISSIONER; PROHIBITING THE AUTHORIZATION OF ANY COUNTY EMPLOYEE TO
ACCEPT SERVICE OF PROCESS FOR ANOTHER; REQUIRING THAT ANY COUNTY
EMPLOYEE SERVED TO IMMEDIATELY FORWARD A COPY OF SUCH DOCUMENT TO THE
OFFICE OF THE COUNTY ATTORNEY, PROVIDING FOR SEVERABILITY; 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, the Board of County Commissioners of Monroe County, Florida, wishing to establish
a uniform procedure for acceptance of service of process amongst its governing body and
employees which will conform to the applicable Florida Statutes and Rules-Vf Civil and Criminal
Procedure, and which will serve to avoid abuse of process, hereby promulgat" ordinance9bow
therefore �" Cj
�� • 1 G
C
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONRP5 COUNtf, FLORIDA,
N r,
that:
Section 1. No Monroe County employee shall accept service of process on behalf of
another Monroe County employee, the County Attorney, the County administrator, the Clerk of
Courts, or any County Commissioner. Process includes, but is not limited to, summons and
complaints, trial subpoenas, and subpoenas for depositions. Nothing in this ordinance shall prohibit
the County Attorney from filing a responsive pleading or motion, thereby waiving service of a
summons and complaint, in any case whenever the County, a member of the Board of County
Commissioners, or an executive employee in official capacity is named a defendant.
Section 2. No Monroe County employee, inclusive of the County Attorney, the County
Administrator, the Clerk of Courts, or any County Commissioner shall authorize any Monroe County
employee to accept service of process on behalf of any other Monroe County employee, the
County Administrator, the Clerk of Courts, or any County Commissioner and as above described or in
any other form.
Section 3. • Any Monroe County employee, inclusive of the County Administrator, the Clerk
of Courts, or any County Commissioner shall immediately make a photocopy of any document
served or attempted to be served upon that employee. Unless such process is directed to the person
served therewith, acceptance of service shall be refused, the original shall be returned to the party
attempting service, and the photocopied documents shall be forwarded to the office of the County
Attorney forthwith, noting thereon the time, date and name of person upon whom service was
attempted.
Section 4. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 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 conform to the uniform numbering system of the Code.
ectio 7. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with
said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 20thday of December . AD, 1995.
Commissioner Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Mayor Freeman
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
yes
yes
ME ent
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By IQ-IAC- Q1&111- ByjL*J -"LU��
Deputy Clerk Mayor/C rman
EFFECTIVE DATE 111096
iordsop
39411 'E. ftelba p
BRANCH OFFICE cumK OF Tm CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY
MARATHON, RDMA 33= TEL 2994aV g00 WIHITEHEAD STRSI
FAX (A5) 2841745 KEY WEST.1MWA 33M M (3M 29 -M
FAX (MM 2WM60
January 10,19%
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs- Liz Cloud, Chief '
Bureau of Administrative Code and Laws
The Elllott Building
401 South Monroe Street
Tallahassee, FL 323WOSO
Dear Mrs. Cloud:
BRANCH OFFICE
= 0 OVUSBAS HIGHWAY
PLANTATION KEY, FLORMA 3= '
TEL 832 7165
FAX (305) &M-7146
Enclosed please find certified copies of Ordinance Nos. 052, OS39 & 034-1995
which are self explanatory.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in file for record. formal session on December 20,1995. Please
Danny L. Kolhage
Clerk of Circuit Court
and ex OMclo Clerk to the
Board of County Comuftloners
By: Isabel C. DeSantis
c
cc: Municipal Code Corporation Deputy Clerk
County Commissloners
Cry Administrator
Courdy Attorney
Build Department, Ord. AkSd-199S
Public Works Department, Ord. /i0S3.1"S
J Flle '
Z 396 282 903
Receipt for
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(See Reverse)
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FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary State
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of
DIVISION OF ELECTIONS
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Bureau of Administrative Code
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The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
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(904)488-8427
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January 16, 1996
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
_n
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter dated January 10, 1996 and
certified copy of Monroe County Ordinance Nos. 95-52, 95-53,
and 95-54, which were filed in this office on January 16, 1996.
Sincerely,
Liz Clou Chief
Bureau of Administrative Code
LC/mw
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Seni rout ;r„nances to OASs.03:,. -u! ICAU-{UN
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`,'l I C.
' C'- C:
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE;
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is Advertising Manager of the Key West Citizen; a daily newspaper published
at Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice
in the matter of 01 "LE C_)
in the court, was published in said newspaper in the
issues of I a)_ «ct<
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail matter at the post office in
Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that he has nei-
ther 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 news-
paper.
Sworn to and subscribed before me th
i•? j: MY P WM(S810N 8 CC 984124
>i .S
''��iii�' 60MIup i7;1b 1tlCa1;' i ,
Expires•
Personally known nor Produced Identification
Type of Identification Produced
Public)
otary Public)
IgTICE OF INTENTIONTO CO* -
$IDEp /hDOPTION OFA COUNTY
ORDINANCE
NQQ.TICIS HEREBY GIVEN TO
WROM.IT MAY COfACERN that on
Wednesday. December 20, 1905. at
�} 10:00 a.m. at the Marathon Govern-
ment Ceffler. 2798 Overseas High-
way, Marathon.- Monroe County,
Florida, the Board of County Com- .
mlesioners of Monroe County, Flor-
Ida, Intends to consider the following
r; County ordinance:
AN ORDINANCE ENJOINING
THE
' • Y ANY
r.
TOR, CLERK OF COURTS OR A
COUNTY COMMISSIONER PRO-
HIBITING THE AUTHORIZATION
OF ANY COUNTY EMPLOYEE TO
ACCEPT SERVICE'OF PROCESS
FOR ANOTHER; REQUIRING THAT
ANY COUNTY EMPLOYEE
SERVED TO IMMEDI TFI.OUR--
WAAD THE
ORD
F=INT E
C SISTENREI-
WITH; PROVIDING FOR INCORPO-
RATION INTO THE MONROE
COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE
DATE.
Pursuant to Section 266.0105, Flor-
Ida Statutes. notice Is given that If a
person decided to appeal'any decl-
slon made by the Board with respect
to any mplte/..considered at such
haaHRSa or.mgatlrtns. ha ►gill need a
for--& E en -
Sur the
propgdin" is made ` record
ntfndes the testimony an . evidence
upon which_ the .appeal .Is to be
based.
Copies of the above -referenced Or-
dinance are available -for review at
the varidus public Ilbraries in Morime
County, Florida.
DATED at Key West, Florida, thle
20th day of.November,1995.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and'exofflco C -the Board of
County of Monroe
Oil
Florida
Ner 10th,
13.o•C- e
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE;
BefoFe the undersigned authority personally appeared.Fiandy G. Erickson, who on oath
says that he is Advertising Manager of the Key West Citizen; 'a daily newspaper published
at Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice
in the matter of � �� -- �� 7J+ +�- --t~ c ^ � QrArna`ne<
yrdCn&W-k on jarntol ':Ie &eetVje rt &C C.-C
in the court, was published in said newspaper in the
issues of l�bu bar 'a 6 (Jec-e h4 r to ( arcs
Affiant further says that the said -The Key West Citizen is a newspaper- published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
.continuously published in said Monroe .County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail matter at the post office in
Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first
publication of the attached copy of advertisement;- and affiant further says that he has nei-
ther 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 news-
paper.
Sworn to and subscribed before me th
Expires -
Personally Known--tr Produced Identification
Type of Identification Produced
nv 1:1WiE OF fNTENTION TO COIF
Si7 M ADOPT1100101E COUNTY `
NOTICE IS FIEREBY GIVEN TO
t on .
1000 eft'Ii�it Ilirem-
h-
rr
way toe ouknntty,
Florida, the Board of •County Com-
missionera of. Monroe County, Flor-
Idit, Intends twoonsktet the following
.-AAMORD� A E INENJOININGTHE
RVICE'OF PROCESS BY ANY
1UNTY EMPLOYEE ON BEHALF
OF ANOTHER COUNTY EM-
_gYEE,•THE COUNTY ATTOR-
Y, THE COUNTY ADMINISTRA-
7R; CLERK OF'COURTS, OR A
)LINTY COMMISSIONER; PRO-.
(BITING THE AUTHORIZATION
= ANY COUNTY. EMPLOYEE TO
)CEPT SERVICE OF PROCESS
ANY COUNTY EMPLOYEE
SERVED TO IMMEDIATR�Y FOR-
WARD A COPY OF SUCH D.00U-
YAENT TO THE OFFICE OF THE
AUNTY ATTORNEY; PROVIDING
FOR SEVERABILITY; PROVIDING
FrORTHE REPEAL OF ALL OADI-
NMCES INCONSISTENT HERE -
)THE MONROE
OF ORDINANCES
IG AN EFFECTIVE
Pilrsuapt to 4 dtlon 286.0105, Flor-
Ida Statutes, notice Is given that If a
parson decided to appeal any decl-
sibn 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 en-
abre that a verbatlm record of the
ppro ceedings. is made;, whlch record
trgudesihe•testimony and evidence
basedupon. which the appeal Is to . be
'
' Copies of the abovtralerenced Or-
. dkn moo are available for review at
the various p6bile libraries In Monroe
County, Florida.
DATED at Key West, Florida, this
loth day of November,1995.
{ DANNY L. KOLHAGE
Clerk W the Circuit Court
and ex otfk:oClerk of the Board of
County Commissioners of Monroe
County, Florida
November 28th & December. 10th,
1995 --
ONNVINO THU UPPOR KEYS
DAONT VOL" FOR OY911 20 1/EA118
KNOW APuenohr BOX 1187 • TAVERNIER. I:LA.3301
(3051862.3216
FAX 852-8249
STATEMENT OF PROOF OF PUBLICATION
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is
EDITOR and PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal
advertising published at Tavernier, Monroe County, Florida that the attached copy of advertisement, being
a LEGAL ADVERTISEMENT
IN THE MATTER OF NOTICE OF INTENTION_.
IN THE Court, was published In said newspaper In the issues of _ 11/30 and
12114195.
Affiant further says that the said REPORTER Is a newspaper published at Tavernier, in said Monroe
County, Florida, and that the said newspaper has heretofore been continuously published in the said
Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the
Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year neat preceding the
first publication of the attached copy of advertisement;
and af8ant further says that he has neither paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of securing this said advertisement for publication
in the said newspaper.
s
SWORN TO AND SUBSCRIBED BEFORE ME THIS 14TH DAY OF DECEMBER— A.D. ,1"5_
NOTARY PUBLIC
DAVEE R DOVE
MY COMMISSION My DO^1°6sioncCIMe 8
J�'4,f do 800452-MM
NN!lQ�Q..NIfOf!101t'FW t7��Rli
Nt7ACE.iS =MY GTVIRT TO WHOM iT MAY CONCERN
that oa .Wed ftoft Deosmbw20.19M dJGMQ A M. at the Maatbm
•Gwmn mMCea w 2MOveassmIcy,Ma=Ihem,McmrwC un-
ty.. Flacids,. the Baud. of Comity Camimiwi a of Moaas, Comely,
Plaridy idawkt0 amtider the adoptira.of the follotvift Cayety
naaox.
AN ORDINANCE ENIOAIING TAB ACCEFTANCB OF SUB-
S'TTTUiEDSEK4nEOFi BYANYCOUNTY EMPLOYEE
ON,R�ra� waP;ANOTHEBCOUN'i1G'13�OYI�.'ifiB3.WE'1N77
ATTORNEY:. TEffi COUNTY ADbgHWTFATM-CLBRK OF
COURTS: Olt, A COUNTY OOI mussJu W-MoMp va 1.im
AVIMORFIATION OW ANY C(XHM SIOI NW.7+O.Aawr
SFRtVICB OPPROCESS FOIk AMOTEM- RBQU1 Vf THAT ANY
COUNTY EMPLOYEE SERVED M BRAEVATBt,Y FORWARDA
COPY OF SUCH DOCUM13VT TO TM OFFICE OF T(M COUNTY
ATIDIMY7 PlIOVIDRI6 :PROVIDIKGFOR
R�SM.DFAL (ODU+MCEdIIV 1ffit1TiEREWfF*,,PITO-
VI DING FOR INCORPORATION WM TW: MONROE COUNTY
CODS OFORDR4ANC88;ANDFROVBKIYGANEFPRCIMDAIR
Pmsusatto Section MA103►F100BStatutes. natimis given that
ifap�"dedtaapp dmyde AwmdebyftBoudvibhmgW
tomymYt cmt4inedamebheuiegormgetumg,hewillmedarboad
aP dW ptaoeedugR wad that, ftr SW* papoee,'he may na1 to eosaee that
a vabdmt teead tithe Pmmmhl4P ie made, which reoard includes the
teadromyaad evldesoe upon vi ich the appal is to be b- d
Copies of the abar+o-edenmdpd ardissarer me availelile for eeviear
at the vanan public Igzmes in Mamoe Cm aly. Flaida.. .
DATEDat Key Went. Fludds, this 201h•day at Novembar.199S.
DANNY L. KO HAGS
Clerk of oo'C6t com
SSW In affteio Cleric of Ute
Bmd af,Caysilpoam�uianas
of Mg" t aaocy. Ptaida
Phblidw*11130and 12114M .
The Reporter
Tavaaia. FL 33UM
PROOF OF PUBLICATION T
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared Tom Schumaker who on oath, says that he/she
Publisher of the FLORIDA JCEft REYNO7TX, a twice weekly newspaper published at MARATHON.
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention
IN THE MATTER OF: To Consider Adoption of County ordinance in the
Court was published In said newspaper in the issues of
December 2, 16, 1995 .�e.srassoe
TTFo°"ou�'�ires w
AllIant farther says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news•
paper has heretofore been continuously published in said MONROE COUN-
TY. FLORIDA. twice each week (on Wednesday and Saturday) and has been
entered as second class mall matter at the post office In MARATHON, In
said MONROE COUNTY, FLORIDA, for a period of one year next preceding
the first pablIcation of the attached copy of advertisement; and affiaut fur~
ther says that he has neither paid nor promised any person, firm, or corpo.
ration any discount. rebate, commission or refund for the purpose of secur-
ing this advertisement for pablIcation in the said newspaper. (SEAL)
WRY LOU SCUBCRGER
NaiAar
My Corr m EYn. 8/14/96
(seal) Mueuc )� Oondrd By 3enice Ins
y'•'\ �,'c° No. 0' 219643
OF -..•
. flwdn hmm I)0.-Wla
SWORN TO AND SUBSCRIBED BEFORE ME THIS
19th
DAY qfF December A.D. 19 95
Warr. ti
Opket
a1C'�{i�acp�wn�r, gafe�
� o ai s. �a issa