Item R3 R.3
County �� � .�� �y,+ ' �, "tr BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
July 21, 2021
Agenda Item Number: R.3
Agenda Item Summary #3430
BULK ITEM: No DEPARTMENT: Emergency Services
TIME APPROXIMATE: STAFF CONTACT: Steven Hudson (305) 289-6342
1:30 PM PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to consider an ordinance amending Section 11-
175 of the Monroe County Code to clarify inconsistent language by specifically exempting the
requirement for a public hearing or notice to current COPCN certificate holders in the event of a
Class A or Class B COPCN renewal application, as well as increase the application fee for Class A
and Class B COPCN renewals from $25.00 to $475.00.
ITEM BACKGROUND: MCFR is requesting BOCC approval for advertisement of a Public
Hearing to amend Section 11-175 of the Monroe County Code to clarify inconsistent language;
specifically exempting the requirement for a Public Hearing or notice to current certificate holders in
the event of a renewal application for a Class A or Class B COPCN certificate. Further, the
proposed amendment to Section 11-175 seeks to increase the application fee for Class A and Class B
COPCN renewals from $25.00 to $475.00.
MCFR researched various COPCN application fee structures and conducted an informal Tri-County
survey which included Miami Dade, Broward and Palm Beach County. The increased fee being
proposed for new and renewal COPCN applications was based upon an average of the COPCN
application fees charged by these counties.
PREVIOUS RELEVANT BOCC ACTION:
1987: Board adopted Ordinance No. 5-1987.
1983: Board adopted Ordinance No. 20-1983.
1982: Board adopted Ordinance No. 1-1982.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
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R.3
Ordinance 11-175 final 07-02-2021
Public Notice for Ordinance Amendment- Section 11-175
FINANCIAL IMPACT:
Effective Date: TBD
Expiration Date: TBD
Total Dollar Value of Contract: N/A
Total Cost to County: TBD -Advertising Costs
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: N/A
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: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Pedro Mercado Completed 07/02/2021 3:45 PM
Steven Hudson Completed 07/06/2021 9:46 AM
Purchasing Completed 07/06/2021 9:57 AM
Budget and Finance Completed 07/06/2021 4:21 PM
Maria Slavik Completed 07/06/2021 6:04 PM
Liz Yongue Completed 07/07/2021 9:55 AM
Board of County Commissioners Pending 07/21/2021 9:00 AM
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R 3.a
ORDINANCE -2021
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 11-175 OF THE MONROE COUNTY
CODE; CLARIFYING INCONSISTENT LANGUAGE BY
SPECIFICALLY EXEMPTING THE REQUIREMENT
FOR A PUBLIC HEARING OR NOTICE TO CURRENT
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CERTIFICATE HOLDERS IN THE EVENT OF A
RENEWAL APPLICATION; INCREASING THE RENEWAL
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FEE;PROVIDING FOR SEVERABILITY;PROVIDING FOR Ul)
THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
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THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Monroe County Fire Rescue, as directed by the Monroe County Fire Chief, -�
has responsibility for Fire Safety and Prevention throughout Monroe County and is committed to
providing public safety; and
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WHEREAS, the Monroe County Fire Marshal, who reports to the Monroe County Fire
Chief,has the duty and authority to conduct and set forth fees for initial and ongoing fire prevention s
code inspections to be charged to the business owner, including the authority to order the removal .2
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of dangerous or hazardous conditions or material and require standby fire personnel to mitigate
emergency conditions; and
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WHEREAS, the permit, insurance and supervision requirements, including the
establishment of fees for timely review of permit application requests and related inspection(s),
for use of fireworks are being updated;
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
[Proposed Text Changes are presented in strikethrough to indicate deletions and underline
to indicate additions.]
SECTION 1: Section 11-175 Renewal shall be amended to read as follows:
Sec. 11-175. -Renewal.
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R.3.a
(a) Applications for renewal of certificates of public convenience and necessity
shall be made on forms provided by the administrator and filed no earlier than
90 days nor less than 60 days prior to the expiration date of the applicant's
current certificate. 0
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(b) Except as set forth in section(c)and(e)below,all A-4 requirements applicable
to initial applications for a certificate shall be applicable to certificate holders
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seeking to renew them. P
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(c) The board upon the recommendation of the administrator without public
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hearings or notice to certificate holders may approve renewal certificates.
However, any actions to change zones, modify, suspend,revoke or otherwise
change a certificate shall be handled as a new certificate of public
convenience and necessity.
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(d) Recommendations from municipalities within the certificate holder's assigned
zone will be considered. E
(e) Each application for renewal of certificate shall be accompanied by a$25.00
$475.00 renewal fee.
SECTION 2: SEVERABIL,ITY. 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 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.
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SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
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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 conform to the
uniform numbering system of the Code.
SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
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the Department of State and shall be effective as provided in section 125.66(2), Florida Statutes. W
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R.3.a
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 2021.
Mayor Michelle Coldiron
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner Eddie Martinez
Commissioner Mike Forster P
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
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By By c
Deputy Clerk Mayor/Chairperson
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R.3.b
NOTICE OF INTENTION TO CONSIDER
AMENDMENT OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 21,2021, at 1:30 P.M.,
or as soon thereafter as the matter may be heard, at the Marathon Government Center, 2798 Overseas
Highway, Marathon, Florida, the Board of County Commissioners of Monroe County, Florida, intends to -
consider the amendment of the following County Ordinance: to
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 11-
175 OF THE MONROE COUNTY CODE; CLARIFYING
INCONSISTENT LANGUAGE BY SPECIFICALLY c
EXEMPTING THE REQUIREMENT FOR A PUBLIC
HEARING OR NOTICE TO CURRENT CERTIFICATE m
HOLDERS IN THE EVENT OF A RENEWAL
APPLICATION; INCREASING THE RENEWAL FEE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT 2
HEREWITH; PROVIDING FOR INCORPORATION IN
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Please note that public participation in these meetings may be conducted via Communications Media
Technology ("CMT"). The connection information for members of the public who wish to attend or
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participate in the Public Hearing(s)via a Zoom virtual platform will be posted on the Monroe County
website at @ htt ://inonroecountyfl.igin2.coin/Citizens/Default.aspx.
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 U)
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 m
based.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order
to participate in these proceedings,please contact the County Administrator's Office, by phoning(305)
292-4441, between the hours of 8:30a.m.-5:00p.m.,prior to the scheduled meetings;if you are hearing
or voice-impaired, call "711': Live Closed-Captioning is available via our web portal @
tta/rnonaoecounty .irirra2>corrrlCitizen�/Derrulrr��z for meetings of the Monroe County Board of
County Commissioners.
Dated at Key West, Florida, this 2nd day of July, 2021. e
(SEAL) KEVIN MADOK,Clerk of the Circuit Court and
ex officio Clerk of the Board of County Commissioners
of Monroe County,Florida
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R.3.b
Publication Dates:
Key West Citizen:Wed.,07/07/2021
Keys Weekly: Thur.,07/08/2021 CJ
News Barometer: Fri., 07/09/2021
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