Item T13 I�`�
County of Monroe
�y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Me Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Vacant,District 5
County Commission Meeting
September 15, 2021
Agenda Item Number: T.13
Agenda Item Summary #9754
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert(305) 292-3470
No
AGENDA ITEM WORDING: Approval to advertise to hold a Public Hearing at the October 20,
2021 Meeting to consider adoption of an ordinance amending Monroe County Code Section 22-
127(e), Establishment of Advisory Board, to allow the Duck Key Security District Advisory Board
meetings to be held on an alternative date other than the first Tuesday of every other month as
needed.
ITEM BACKGROUND: On February 6, 1992 the Board of County Commissioners (BOCC)
enacted Ordinance No. 005-1992, which created the Duck Key Security District and established the
Duck Key Security Advisory Board (DKSAB). On September 17, 2014, the BOCC enacted
Ordinance No. 016-2014 which readopted Ordinance No. 005-1992, as amended by Ordinance No.
012-1994 and Ordinance No. 041-1994 and made changes to terms limits, frequency of meeting and
attendance of meetings relating to the DKSDAB. Monroe County Code Sec. 22-127(e),
Establishment of advisory board, was revised per Ordinance No. 025-2017 to allow flexibility on
the time that DKSDAB meetings may be held and removed the time set forth. In order to provide
further flexibility on scheduling DKSDAB meetings, this ordinance will maintain that DKSDAB
meetings are to be scheduled on the first Tuesday of every other month but will allow for DKSDAB
meetings to rescheduled to an alternative date as needed.
The attached ordinance will amend as Section 22-127(e) Monroe County Code follows: ((Note:
Deletion of language is noted in stfike *h-et text and addition of language is noted in underlined
text)
Advisory board meetings: Meetings are to be scheduled shall every other month on the first
Tuesday of that month, but the meetings may be rescheduled and held on an alternative date as
needed.
PREVIOUS RELEVANT BOCC ACTION:
On 2/6/92 the BOCC enacted Ord. No. 005-1992;
On 9/17/14 the BOCC enacted Ord. No. 016-2014;
On 12/13/17 the BOCC enacted Ord. No. 025-2017
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval as requested.
DOCUMENTATION:
Ordinance Amending MCC Sec. 22-127(e) to allow for DKSDAB meeting to be held on alternative
date as needed
Ordinance 016-2014 Readopting Ord 005-1992 Duck Key Security District and amended in 1994
and amending Sec 5 BOCC 9 17 14
Ordinance 025-2017 Amending Sec 22-127(e)to remove the time certain for DKSDAB Meetings
Draft Notice of Intent to adopt Ordinance amendment MCC Sec. 22-127 (e)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger Completed 09/13/2021 11:40 AM
Christine Limbert Completed 09/13/2021 12:36 PM
Purchasing Completed 09/13/2021 12:38 PM
Budget and Finance Completed 09/13/2021 3:32 PM
Maria Slavik Skipped 09/10/2021 1:09 PM
Liz Yongue Completed 09/13/2021 3:37 PM
Board of County Commissioners Pending 09/15/2021 9:00 AM
ORDINANCE NO. —2021
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 22-127(e),ESTABLISHMENT OF
ADVISORY BOARD, IN ORDER TO ALLOW FOR THE
DUCK KEY SECURITY DISTRICT ADVISORY BOARD
MEETINGS TO BE HELD ON AN ALTERNATIVE DATE
OTHER THAN THE FIRST TUESDAY OF EVERY OTHER
MONTH AS NEEDED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on February 6, 1992 the Board of County Commissioners (BOCC) enacted
Ordinance No. 005-1992, which created the Duck Key Security District and established the
Duck Key Security Advisory Board(DKSAB); and
WHEREAS, on September 17, 2014, the BOCC enacted Ordinance No. 016-2014 which
readopted Ordinance No. 005-1992, as amended by Ordinance No. 012-1994 and Ordinance No.
041-1994 and made changes to terms limits, frequency of meeting and attendance of meetings
relating to the DKSDAB; and
WHEREAS, Monroe County Code Sec. 22-127(e),Establishment ofadvisory board, was
revised per Ordinance No. 025-2017 to allow flexibility on the time that DKSDAB meetings
may be held and removed the time set forth; and
WHEREAS, in order to provide further flexibility on scheduling DKSDAB meetings, this
ordinance will maintain that DKSDAB meetings are to be scheduled on the first Tuesday of
every other month, but will allow for DKSDAB meetings to rescheduled to an alternative date as
needed;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 22-127(e) shall be amended to read as follows (Note: Deletion of language
is noted in ske �hr-ettgh text and addition of language is noted in underlined text):
Establishment of advisory board. An advisory board is hereby established for the Duck Key
Security District. The advisory board shall be composed of seven members who shall be
owners of real property located in the district or residents thereof. The members of the
advisory board shall be appointed by the governing body. The Monroe County Sheriff's Office
shall appoint one ex-officio member to the advisory board. The advisory board shall perform
such duties as may be prescribed by the governing body and this section and shall submit
within the time period specified by the governing body or this section as applicable a report on
the district's proposed activities and a proposed budget to accomplish the district's objectives.
In formulating a plan for law enforcement services, the advisory board shall consult with the
appropriate staff of the County of Monroe or the Sheriff of Monroe County, to assist in the
preparation of the district's plan for such services. All meetings of the advisory board shall be
open to the public.
The advisory board members shall be appointed for staggered terms of three years. The initial
appointment shall be three members for a one-year term; two members for a two-year term and
two members for a three-year term. Vacancies shall be filled for the unexpired portion of a
term in the same manner as the initial appointment is made. Each member shall hold office
until his successor is appointed and qualified unless the member ceases to be qualified or is
removed from office. All members shall serve at the pleasure of the board of county
commissioners, except for the ex-officio member appointed by the sheriff. Upon appointment
and qualification each year the members shall organize by electing from their membership a
chairman, vice-chairman and a secretary. The advisory board shall recommend, with the
approval of a majority of a quorum of the board members, and the board of county
commissioners may approve, the actions of the Duck Key Security District. The powers of the
board of county commissioners shall include but not be limited to:
(1) Enter into contracts and agreements;
(2) Have exclusive control of funds legally available to it, subject to limitations imposed by
law or by this section or by any agreement validly entered into by it;
(3) Cooperate and contract with other governmental agencies or other public bodies;
(4) Contract with the county or private agencies for increased levels of law enforcement
protection, including additional personnel;
(5) Make and collect non-ad valorem assessments to finance the law enforcement services
authorized in this section;
(6) Exercise all lawful powers incidental to the effective and expedient exercise of the forgoing
powers.
Term of office and term limits: The term of advisory board members shall be for three years.
Members shall be limited to serve three consecutive terms. The three-year term limit shall be
prospectively applied from the effective date of this section. The term of the chairman, vice-
chairman, and secretary shall be for two years and shall be limited to serve two consecutive
terms for a total of four consecutive years.
Advisory board meetings: Meetings are to be scheduled shall every other month on the
first Tuesday of that month, but the meetings _maymay be rescheduled and held on an alternative date
as needed.
Attendance: All members of the Duck Key Security Advisory Board shall attend two-thirds of
all meetings of the board. If a board member is unable to be present for at least two-thirds of
the board meetings in any given year, they will be asked to submit their resignation to the
board for consideration to accept or not accept their resignation.
SECTION2: SEVERABILITY. 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.
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.
SECTION 4: 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 20th day of October, 2021.
Mayor Michelle Coldiron, District 2
Mayor Pro Tem David Rice, District 4
Commissioner Craig Cates, District 1
Commissioner Eddie Martinez, District 3
VACANT, District 5
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
(SEAL) Mayor Michell Coldiron
ATTEST: KEVIN MADOK, CLERK
By:
As Deputy Clerk
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on October 20, 2021, at 1:30
P.M.,or as soon thereafter as the matter may be heard, at the Monroe County Government Center,2798
Overseas Hwy., Marathon, Florida, the Board of County Commissioners of Monroe County, Florida,
intends to consider adopting the following ordinance:
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 22-127(e), ESTABLISHMENT OF
ADVISORY BOARD, IN ORDER TO ALLOW FOR THE DUCK
KEY SECURITY DISTRICT ADVISORY BOARD MEETINGS
TO BE HELD ON AN ALTERNATIVE DATE OTHER THAN
THE FIRST TUESDAY OF EVERY OTHER MONTH AS
NEEDED; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
The public can participate in the October 20, 2021, meeting of the Board of County Commissioners
of Monroe County, FL by attending in person or via Communication Media Technology ("CMT")
using a Zoom Webinar platform by following the detailed instructions below. The public is strongly
encouraged to watch the meeting on Monroe County's MCTV on Comcast Channel 76, AT&T U-verse
Channel 99 or on the County's web portal htt ://inonroecountvfl.i m2.coin/Citizens/DefaLilt.as x.
Simply select the "Watch Live"banner to view the live meeting with live closed-captioning on an integrated
page that includes the Agenda and Agenda Backup.
If a citizen has a Roku device, they can search for and add "MCTV" to their personal lineup. Monroe
County's "MCTV"is also provided via the Monroe County mobile apps for 10S and Android and through
our streaming web portal @ httt�s://monroe-fl.vod.castus.ty/vod/`>live=chl cnav=live.
Citizens can listen to audio-only from their phones by dialing(646) 518-9805 or(669) 900-6833 and,when
prompted, enter the Webinar ID 894 3023 1994 followed by the 4 key.
The public can comment during the live Public Hearing either by phoning in or by connecting to the
live Zoom webinar link using the following instructions:
a) To comment on an item by phone: Dial (646) 518-9805 or (669) 900-6833 and, when
prompted, enter the Webinar ID 894 3023 1994 followed by the 4 key, then *9 to "Raise
your Hand"to be recognized by the Zoom webinar host.
b) To comment on an item using the live Zoom webinar link: Open this live Zoom webinar
link @ https://incbocc.zooin.Lis//89430231994 (that also appears in both the published Agenda and
Agenda Packet). When prompted, enter your email address and name to join the webinar. When the
Mayor calls for speakers on the item(s) on which you wish to comment, or when the Board is nearing your
item(s) as the meeting progresses, select the "Raised Hand"feature that appears at the bottom of the Zoom
webinar screen to be recognized by the Zoom webinar host.
The Zoom webinar host will request the item 4 on which you wish to speak and enable your participation
when the Mayor calls for public speakers on your item. To report problems with the broadcast or
participation in the Zoom webinar,please call(305) 872-8831.
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 8:30a.m.-5:06p.m.,prior to the scheduled meeting; if you are hearing or
voice-impaired, call "711': Live Closed-Captioning is available via our web portal @
tt a/rnona oec�aun .ir rra2>c�amltizens/De rrul�rrs z for meetings of the Monroe County Board of
County Commissioners.
Dated at Key West, Florida, this day of(October),2021.
(SEAL) KEVIN MADOK, Clerk of the Circuit Court and
ex officio Clerk of the Board of County Commissioners
of Monroe County, Florida
Publication Dates:
Key West Citizen: Saturday, October 9, 2021
Keys Weekly: Thursday, October 7,2021
News Barometer: Friday, October 8,2021
Commissioner 'c
ORDINANCE 016 - 21
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS COUNTY, FLORIDA
CREATING SECTI -127. CHAPTER 22. SPEC
DISTRICTS, OF THE MONROE COUNTY CODE
RE-ADOPTINGC NO. 5-192 (THE DUCK KEY
SECURITY DISTRICTORDINANCE) AS AMENDED BY
ORDINANCE . 012-1994 AND ORDLVANCE NO. 0 1-199 ,
AMENDING SECTION 5. OF ORDEVANCE NO. 005-192 TO
LIMITSPROVIDE TERM FOR ADVISORY BOARD MEMBERS
AND OFFICERS, FREQUENCY OF MEETINGS
ATTENDANCE ; PROVIDING
S ; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES G FOR AN EFFECTIVE DATE.
WHEREAS, on February 6, 1992 the Board of County Commissioners (BOCC) enacted
Ordinance No. 005-1992 , which created the Duck Key Security District and established the Duck Key
Security Advisory Board(DKSAB); and.
WHEREAS, on June 16, 1994, the BOCC enacted Ordinance No. 012-1994, which amended
Section 8 of Ordinance No. 005-1992 in order to remove the sunset provision and provide that Duck
Key Security District may be abolished by a referendum approved by a majority vote of the District
electors in years with a primary election; and
WHEREAS, on December 14, 1994, the BOCC enacted Ordinance No. 041-1994 which
amended Section 6, of Ordinance No. 005-1992 providing that only one residential assessment may be
made under certain conditions when one residence occupies a multiple lot site; and
WHEREAS, Ordinance No. 001-2009, which adopted and enacted a new code of ordinances to
re-codify existing County Code, did not include Ordinance No. 005-1992, Ordinance No. 012-1994 and
Ordinance No. 041-1994 as they inadvertently were not previously codified in the Monroe County
Code; and
WHEREAS, the Duck Key Security District was created under the statutory authority of F.S.
125.01(c) and is otherwise still in effect; and
WHEREAS, since Ordinance No. 005-1992, as amended by Ordinance No. 012-1994 and
Ordinance No. 041-1994, should be re-adopted and codified in the Monroe County Code; and
Page 1 of 5
WHEREAS, The DKSAB has made recommendations that set forth term limits, frequency of
meetings, and attendance of meetings relating to the DKSAB; and
WHEREAS, changes to the conditions, qualifications, or terms of the DKSAB members should
be adopted by ordinance by the BOCC and codified in the Monroe County Code;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1: Section 22-127 of Chapter 22 Special Districts shall be created to re-adopt
Ordinance No. 005-1992, as amended by Ordinance 012-1994 and Ordinance No. 041-1994, and as
amended herein to read as follows:
Section 22-127. Duck&y Secudq,,,District,,created.
(1) DISTRICT CREATED.
A Security District is hereby created pursuant to Florida Statutes 125.01(1)(q) which
encompasses Center Island, Plantation Island, Harbour Island, and Yacht Club Island of Duck
Key Subdivision according to the resubdivision thereof as recorded in Plat Book 4, Pages 7, 8, 9,
10, 11, and 12 of the Public Records of Monroe County, Florida, but excluding Section 1, also
known as Indies Island of that resubdivision. More particularly described as a portion of Section
16, and 20,21, Township 65S, R34E,Monroe County, Florida.
(2) NAME OF DISTRICT.
The name of the District shall be known as the DUCK KEY SECURITY DISTRICT, hereinafter
the District.
(3) PURPOSE OF DISTRICT.
The District shall be established for the sole and restricted purpose of providing security services
for the District.
(4) DESIGNATION OF THE GOVERNMENT BODY.
The County Commission of the County of Monroe County, Florida, is hereby designated as the
District Governing Body. The chairman of the district governing body shall be the Mayor of
Monroe County.
(5) ESTABLISHMENT OF ADVISORY BOARD.
An Advisory Board is hereby established for the Duck Key Security District. The Advisory
Board shall be composed of seven members who shall be owners of real property located in the
district or residents thereof. The members of the advisory Board shall be appointed by the
Governing Body. The Monroe County Sheriffs Office shall appoint one ex-officio member to
the Advisory Board. The Advisory Board shall perform such duties as may be prescribed by the
Governing Body and this Ordinance and shall submit within the time period specified by the
Governing body or this Ordinance as applicable a report on the District's proposed activities and
a proposed budget to accomplish the District's objectives. In formulating a plan for law
enforcement services, the Advisory Board shall consult with the appropriate staff of the County
Page 2 of 5
of Monroe or the Sheriff of Monroe County, to assist in the preparation of the District's plan for
such services. All meetings of the Advisory Board shall be open to the public.
The Advisory Board members shall be appointed for staggered terns of three years. The initial
appointment shall be three members for a one year term; two members for a two year term and
two members for a three year term. Vacancies shall be filled for the unexpired portion of a term
in the same manner as the initial appointment is made. Each member shall hold office until his
successor is appointed and qualified unless the member ceases to be qualified or is removed from
office. All members shall serve at the pleasure of the Board of County Commissioners, except
for the ex-officio member appointed by the Sheriff. Upon appointment and qualification each
year the members shall organize by electing from their membership a chairman, vice-chairman
and a secretary. The Advisory Board shall recommend, with the approval of a majority of a
quorum of the board members, and the Board of County Commissioners may approve, the
actions of the Duck Key Security District. The powers of the Board of County Commissioners
shall include but not be limited to:
a. Enter into contracts and agreements;
b. Have exclusive control of funds legally available to it, subject to limitations imposed by
law or by this Ordinance or by any agreement validly entered into by it;
c. Cooperate and contract with other governmental agencies or other public bodies;
d. Contrast with the county or private agencies for increased levels of law enforcement
protection, including additional personnel;
e. Make and collect non ad valorem assessments to finance the law enforcement services
authorized in this section;
f. Exercise all lawful powers incidental to the effective and expedient exercise of the
forgoing powers.
Term of office and term limits: The term of Advisory Board members shall be for 3 years.
Members shall be limited to serve three (3) consecutive terms. The three(3) year term limit shall
be prospectively applied from the effective date of this Ordinance. The term of the Chairman,
Vice-Chairman, and Secretary shall be for two (2) years and shall be limited to serve two (2)
consecutive terms for a total of four(4) consecutive years.
Advisory Board Meetings: Meetings shall be held every other month on the first Tuesday of that
month at 8:00 a.m.
Attendance: All members of the Duck Key Security Advisory Board shall attend two-thirds (2/3)
of all meetings of the Board. If a Board member is unable to be present for at least two-thirds
(2/3) of the Board meetings in any given year, they will be asked to submit their resignation to
the Board for consideration to accept or not accept their resignation.
(6) ASSESSMENTS.
The Advisory Board shall prepare to the Governing Body a proposed budget for the Duck Key
Security District within ninety days of the date of the passage of this ordinance. The Governing
Body can accept, reject or modify the proposed budget. Upon the acceptance of the initial
proposed budget, the Governing Body shall authorize a referendum in the District to be held at
the next available primary or general election to approve the collection of non ad valorem
Page 3 of 5
assessments as provided by Sec. 197.3632, Fla. Stat., to support the implementation of District
law enforcement services. The initial assessment shall not be levied unless first approved by a
majority of voting residents in the referendum called for that purpose. The initial non ad valorem
assessment for this budget shall be no more than $200.00 per improved lot and $20.00 per
unimproved lot. If the referendum is disapproved by the voters, then the Governing Body shall
take no further action pursuant to this ordinance and shall act with dispatch to repeal the same. If
approved, and for the years following the initial year, the Advisory Board shall annually prepare
a budget and submit it for acceptance, rejection, or modification by the Governing Body and the
imposition of such non ad valorem assessments as may be needed. Except as provided in
paragraph 8, there shall be no need for referenda in subsequent years unless an assessment
increases more than ten percent (10%) over the previous year or increases to more than the sum
of$-2300.00 per improved lot or more than the sum of$30.00 per unimproved lot in any given
year. Assessments shall be assessed on the basis of one residential assessment for each improved
lot and unimproved lot assessment per unimproved lot,regardless of ownership unless exempt by
state law. In the case of a residential unit that is built on more than one lot, or in the case of a
residential unit that is located on a site composed of more than one lot when the lots are in
common ownership and subject to a recorded unity of title declaration or agreement, then only
one residential assessment may be assessed regardless of the number of lots involved.
Lots with houses under construction on January I' of each year shall pay the unimproved lot
assessment unless the construction thereon has been substantially completed by January 1' of
each year after which the lots will be assessed as residences.
In addition to the preceding, the District budget shall also be approved pursuant to all general
law relating to the adoption and preparation of County budgets.
(7) FISCAL MANAGEMENT.
All District funds shall be received, held, secured, in the same manner as other county funds by
the Clerk of the Circuit Court. The funds shall be maintained under a separate account and shall
only be used for purposes authorized by this Ordinance and shall be disbursed only upon the
direction of the Governing Body pursuant to the requisitions signed by the Mayor and
countersigned by the Clerk of the Court.
(8) SUNSET CLAUSE.
The Duck Key Security District may be abolished by referendum in any primary election year by
the majority vote of the District electors voting in the referendum. The referendum must be held
at the September primary election to assure that the District, if the electors so decide, is timely
abolished for the ensuing fiscal year. The referendum may only be called by the Board of County
Commissioners upon the presentation of petition requesting the referendum signed by 20% or
more of the qualified District electors. The petition must be presented to the Board at least two
months in advance of the September primary to assure that sufficient time is available to place
the referendum on the September ballot.
Page 4 of 5
SECTION 2: SEVERABILITY. 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.
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.
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 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 1.7th day of September ,2014.
Mayor Sylvia Murphy Yes
Mayor Pro Tem Danny Kolhage Yes
Commissioner Heather Carruthers e
,:_:" z. Commissioner George Neugent Absent
Commil' sioner David Rice Yes
' BOARD OF COUNTY COMMISSIONERS
i # eslg 4 :AVILIN,Clerk OF MONROE ,FLORIDA
BY. By
mayor/ChairpersonDeputy Clerk
«`, cant •. k "` w}8sNEY
31'0 FORM:
CH x3 .. ;1.1'<
<11911A,
s
Page 5 of 5
?VAS DOUR"CO
.z
°F.A Kevin Madok, CPA
30 .... �,� Clerk of the Circuit Court& Comptroller— Monroe County, Florida
LRo£GouNtl
December 19, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 025-2017, amending Section 22-127(e),
establishment of advisory board, in order to remove the time when Duck Key Security District
Advisory Board meetings are to be held to allow flexibility for holding advisory board meetings;
providing for severability; providing for repeal of all Ordinances inconsistent herewith; and
providing for an effective date.
The Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on December 13, 2017. Should you have any questions,
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: County Administrator
County Attorney
BOCC
OMB
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
ORDINANCE NO. 025 -2017
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
22-127(e), ESTABLISHMENT OF ADVISORY BOARD, IN
ORDER TO REMOVE THE TIME WHEN DUCK KEY
SECURITY DISTRICT ADVISORY BOARD MEETINGS
ARE TO BE HELD TO ALLOW FLEXIBILITY FOR
HOLDING ADVISORY BOARD MEETINGS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 6, 1992 the Board of County Commissioners (BOCC) enacted
Ordinance No. 005-1992 , which created the Duck Key Security District and established the Duck
Key Security Advisory Board(DKSAB); and
WHEREAS, Monroe County Code Sec. 22-127(e), Establishment of advisory board,
provides in part that Advisory Board meetings "shall be held every other month on the first
Tuesday of that month at
8:00 a.m.; and
WHEREAS, in order to allow flexibility on the time that DKSDAB meetings may be
held,this ordinance will remove the 8:00 a.m. time provided in the code;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1: Section 22-127(e) shall be amended to read as follows:
Establishment of advisory board. An advisory board is hereby established for the Duck Key
Security District. The advisory board shall be composed of seven members who shall be owners
of real property located in the district or residents thereof. The members of the advisory board
shall be appointed by the governing body. The Monroe County Sheriffs Office shall appoint
one ex-officio member to the advisory board. The advisory board shall perform such duties as
may be prescribed by the governing body and this section and shall submit within the time
period specified by the governing body or this section as applicable a report on the district's
proposed activities and a proposed budget to accomplish the district's objectives. In formulating
a plan for law enforcement services, the advisory board shall consult with the appropriate staff
of the County of Monroe or the Sheriff of Monroe County, to assist in the preparation of the
district's plan for such services. All meetings of the advisory board shall be open to the public.
The advisory board members shall be appointed for staggered terms of three years. The initial
appointment shall be three members for a one-year term; two members for a two-year term and
two members for a three-year term. Vacancies shall be filled for the unexpired portion of a term
Page 1 of 3
in the same manner as the initial appointment is made. Each member shall hold office until his
successor is appointed and qualified unless the member ceases to be qualified or is removed
from office. All members shall serve at the pleasure of the board of county commissioners,
except for the ex-officio member appointed by the sheriff. Upon appointment and qualification
each year the members shall organize by electing from their membership a chairman, vice-
chairman and a secretary. The advisory board shall recommend, with the approval of a majority
of a quorum of the board members, and the board of county commissioners may approve, the
actions of the Duck Key Security District. The powers of the board of county commissioners
�1,�11 ;.,nl.,ao 1.,,+rn+l,n lim;+-A +n-
J11LL11 111N1 LL Llee VIAL not bee 111111LV1 Lll.
(1) Enter into contracts and agreements;
(2) Have exclusive control of funds legally available to it, subject to limitations
imposed by law or by this section or by any agreement validly entered into by it;
(3) Cooperate and contract with other governmental agencies or other public bodies;
(4) Contract with the county or private agencies for increased levels of law
enforcement protection, including additional personnel;
(5) Make and collect non ad valorem assessments to finance the law enforcement
services authorized in this section;
(6) Exercise all lawful powers incidental to the effective and expedient
exercise of the forgoing powers.
Term of office and term limits: The term of advisory board members shall be for three years.
Members shall be limited to serve three consecutive terms. The three-year term limit shall be
prospectively applied from the effective date of this section. The term of the chairman, vice-
chairman, and secretary shall be for two years and shall be limited to serve two consecutive
terms for a total of four consecutive years.
Advisory board meetings: Meetings shall be held every other month on the first Tuesday of that
month.
Attendance: All members of the Duck Key Security Advisory Board shall attend two-thirds of
all meetings of the board. If a board member is unable to be present for at least two-thirds of the
board meetings in any given year, they will be asked to submit their resignation to the board for
consideration to accept or not accept their resignation.
SECTION2: SEVERABILITY. 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.
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.
Page 2 of 3
SECTION 4: 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 13a'day of December, 2017.
Mayor David Rice Yes
Mayor Pro Tem Sylvia Murphy Yes
_ Commissioner Danny Kolhage Yes
Commissioner George Neugent Yes
Commissioner Heather Carruthers X-es
h a£ BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN�IVIADOE, Clerk OF MONROE COUNTY FLORIDA
By: By: zee�
Deputy Clerk Mayo Chairperson
MONROE COUNTY ATTORNEY
APR VEp�AS TO F�RM
€�� UD/�1I—f`Y�nnno
CHRISTINE LIMBERT-BARROWS
ASSISTANT COUNTY ATT RNEy
DATE:
U-
Ca
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V C)
U- 1 cl
L'.JCM
Page 3 of 3
NOTICE OF INTENTION TO !i€E6feY1
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN I FCEY WEST I � J�uI
TO WHOM IT MAY CONCERN MN STATE OF FLORIDA
that on December 13,2017 at i Wepm,Est. 7MONROSOCOUNTNATIRMUMy
3:00 P.M.,or as soon I I s, LLCM COUNTY OF MONROE
thereafter as may be heard,in
the Murray E.Nelson
Government Center,102050
Overseas Highway,Mile I Before the undersigned authority personally appeared Paul Clarin, who on
Marker Co Key Largo, oath says that he is Publisher of the Key West Citizen a daily newspaper
Monroe County,Florida,the , 77 Y Y � Y
Board of county - published in Key West, in Monroe County, Florida; that the attached copy of
Commissioners of Monroe .
County,Florida,intends-to 2g advertisement, being a legal notice in the matter of
consider the adoption of the-
fn_Ilnwinn Cminty nrdinance: Om rA 1 r\ _ �� -4-
AN ORDINANCE OF THE,
MONROE COUNTY BOARD
OF
COUNTY
COMMISSIONERS i V 1 C 'J V C
AMENDING SECTION 22-
127(e),ESTABLISHMENT OF
ADVISORY BOARD,IN ! was published in said newspaper in the issue(s) of
ORDER TO REMOVE THE -
TIME WHEN DUCK KEY j 0^ g ,`
SECURITY DISTRICT I !� U(J U�- b'C/1, 7
ADVISORY BOARD -
MEETINGS ARE TO BE HELD,
TO ALLOW FLEXIBILITY FOR Affiant further says that the Key West Citizen is a newspaper published in
HOLDING ADVISORY.BOARD
MEETINGS;PROVIDING FOR Key West, in said Monroe County, Florida and that the said newspaper has
SE FOR REPEA OF ALLNG ' heretofore been continuously published in said Monroe County, Florida every
ORDINANCES I day, and has been entered as second-class mail matter at the post office in Key
INCONSISTENT HEREWITH; 3
AND PROVIDING FOR AN I West, in said Monroe County, Florida, for a period of 1 year next preceding
EFFECTIVE DATE. I the first publication of the attached copy of advertisement; and affiant further
"'- says that he has neither paid nor promised any person, firm or corporation any
Pursuant to Section 286.0105,'.
Florida Statutes,notice is given discount, rebate, commission or refund for the purpose of securing this
that if a'person decides to ; advertisement for publication in the said newspaper.
appeal any decision made by
the Board with respect to any
matter considered at such -
i hearings or meetings,he will
need a record of the
proceedings,'and that,for such, Signature of Affiant
purpose,he may need to g
ensure that a verbatim record of
the proceedings is made,whjch'
record in the testimony j Q
and evidence upon which the Sworn and subscribed before me this O day of November, 2017
appeal is to be based. � 1 y -
ADA ASSISTANCE:If you are a l
person with a disability who �, DAWN KA1A21NSKY }'
needs special accommodations °!''••, i
in order to participate in this Notary Public: = r _ MY COMMISSION;t FF 94;194
proceeding,please contact the; : EXPIRES:January 4,2020
County Administrator's Office, o QK'd F Bonded Thru Notary Public Undervxiteis
.by phoning(305)292-4441,
between the hours of 8:30 a.m:11
-5:00 p.m.,no later than five(5)
calendar days prior to the.
scheduled meeting;if you are Dawn KawzinslCy
hearing or voice impaired,call•
"711". Expires: 1/4/2020 Notary Seal
Dated at Key West,.Florlda;this,
14th day of November,2017.
KEVIN MADOK,Clerk'of this
Circuit court and ex officlo Personally Known x Produced Identification
Clerk of the Board of County Type of Identification Produced
Commissioners of Monrod
County,Florida
November 18,2017
Key West Citizen
F u,o a i D A K E Y s Ad#0003392155
KlEYNC)TER NOTICE•OF INTENTION T0.
Published Twice Weekly CONSIDER
ORDINANCE OF DEC m 20V
Marathon, Monroe County, Florida
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN i 4lN A <NfY
PROOF OF PUBLICATION that on December 13,2017 at j
3:00 P.M.,or as soon there- ` it
after as may be heard,in the,
Murray E.Nelson Govern-
STATE OF FLORIDA ment Center,102050 Over-
seas Highway,Mile Marker
COUNTY OF MONROE 102,Key Largo,Monroe -
Before the undersigned authority personally County,Florida, the Board of
appeared RICHARD TAMBORRINO who on County Commissioners of
Monroe County,Florida,in-. .
oath, says that he is PUBLISHER of the tends to consider the adoption
FLORIDA KEYS KEYNOTER, a twice weekly of the following County
newspaper published in Marathon, in Monroe ordinance:
County, Florida: that the attached Copy of AN ORDINANCE OF THE
advertisement was published in said MONROE-COUNTY BOARD
.newspaper in the issues of: (date(s) of OF COUNTY COMMISSION-
publfcation) ERS-AMENDING SECTION.
22-127(e),ESTABLISHMENT --
��� 7 OF ADVISORY BOARD,ORDER TO REMOVE THE
,. TIME WHEN DUCK KEY
SECURITY DISTRICT ADVI-
SORY BOARD MEETINGS
ARE TO BE HELD TO
ALLOW FLEXIBILITY,FOR
Af iant further says that the said FLORIDA HOLDING ADVISORY
KEYS KEYNOTER is a newspaper published at BOARD MEETINGS;-PRO-
VIDINGFOR SEVERABILITY;.
Marathon, in Said Monroe County, Florida, and PROVIDING FOR REPEAL
that the said newspaper has heretofore been OF ALL ORDINANCES IN-
cOntinuausly published in said Monroe County, CONSISTENT HEREWITH;
AND PROVIDING FOR AN '
Florida, twice each week (on Wednesday and EFFECTIVE DATE'.
Saturday) and has been entered as a second
Class mail matter at the post .office in I Pursuant to Section 286.0105,
Marathon, in Monroe County, Florida, for a Florida Statutes,,_n is giv-
en that if a person decides to
period c'f,one year next preceding the first appeal any decision made by
publication of the, attached copy of the Board with respect to any ;
advertisement. The affiant further says that matter considered at such
hearings or meetings, he will
he has neither paid nor promised any person; ` -need a'record of the proceed-
firm, or corporation any discount, rebate, ings,and that,for such pur-
commission or refund for the purpose of pose,he niay,need to ensure
securingthis advertisement for publication in that a verbatim record of the
p proceedings is made,which
the said newspaper(s) and that The Florida record includes the testimony • 5
Keys Keynoter is in full compliance with and evidence upon which the
Chapter SO f the Florida State Statutes on appeal is to.be based.
leegal. Offic l Advertisements, =AD AA SSISTANCE If you
area person with a disability'
{ who needs special accom-
14 modations in order to partici-
pate in this proceeding,
contact the County Tarnborrinor Publisher ---Administrator's:Office�by phoning(305)292-4441,be-
tween the hours of 8:30 a.m.
Sworn to and subscribed before me this -5:00 p.m.,no later than five
(5)calendar days prior to the
Day of ��� 2017 scheduled meeting;if you
f are hearing or voice im-
paired,call"711".
Dated at Key West,Florida,
this 14th day of
Notary November,2017.
(SEAL} KEVIN MADOK,Clerk of the .=
Circuit Court(SEAL)and ex
officio Clerk of the Board of '
BEVERLYTRAEGER County Commissioners of
+: +- MY COMMISSION 0 FF 108704 Monroe County,Florida
EXPIRES;April 18,2018
Bonded Thru Notary Public Underwriters Published November 22,2017
f Florida Keys Keynoter >
Ad#0003392178 RECEIVED
THE REPORTER _ NOTICE OF.INTENT'ION TO
u CONSIDER ADOPTION OF EC I
COUNTY ORDINANCE
Published Weekly NOTICE IS'HEREBY GIVEN
Tavernier, Monroe County, Florida TO WHOM IT MAY CONCERN.�
that on December 13;2017 at a
3:00 P.M.,or as soon there-
PROOF OF PUBLICATION � after as may be,heard,in the P
Murray E.Nelson Govern- i
_ ment Center,-102050 Over-
seas Highway,Mile Marker
STATE OF FLORIDA 102,Key Largo,Monroe-;
COUNTY OF MONROE county,Florida, the Board of
ned authority personally County Commissioners of
Before. the undersigned Y p y Monroe County,Florida,in- i
appeared RICHARD TAMBORRINO who on - tends to consider the adoption .�
of the follow; -rn,inty• r �
oath, says that he is .PUBLISHER of . THE ordinance: I
REPORTER, a weekly newspaper published in
Tavernier, in Monroe County,-Florida: that the AN ORDINANCE OF THE
attached copy of advertisement was published in OF COUNNROETY
COUNTY BOARD
Py P OF C-OUNTY COMMISSION- -
said newspaper in the issues of: (date(s) of ERS,AMENDING_SECTION-
publication) ___ 22427(e),ESTABLISHMENT_:
OF ADVISORY BOARD,11C. ----- --- --
/ ORDER TO REMOVE THE. i
�lA TIME WHEN DUCK KEY
SECURITY DISTRICT ADVI=
SORY.BOARD MEETINGS
ARE TO BE HELD TO
ALLOW FLEXIBILITY FOR
HOLDING ADVISORY :
Affiant further says that the said THE BOARD MEETINGS;PRO-
VIDING FOR SEVERABILITY;
REPORTER is a newspaper published at PROVIDING FOR REPEAL
Tavernier, in said Monroe County, Florida, and OF ALL ORDINANCES,IN-
that the said newspaper has heretofore been AND PROVIDING FOR AN
continuously published in said Monroe County, .EFFECTIVE DATE.
Florida, each week (on Friday) and has been Pursuant/to section 2as.o1o5,
entered as a second class mail matter at the Florida.Statutes,notice is giv-
post office in Tavernier, in Monroe County, en that if a person decides to
Florida, for a period of one year next preceding appeal any decision'made bythe Board with respect to any
the first publication of the attached copy of matter considered at such,,-
advertisement. The affiant further says that he hearings or meetings;he will-
_has neither paid nor promised any person, firm, need a record of the proceed-
ings',and that,for such pur-
pose,corporation any discount, rebate, commission pose,he may need to ensure
or refund for the purpose of securing this that a verbatim record of theproceedings is made,which
advertisement for publication in the Said record includes the testimony
newspaper(s) and that The THE REPORTER is and evidence upon which the
in full compliance with Chapter 50 of the Florida appeal is to be based. .
State Statutes -on -.Legal and- Official — ADA.ASSISTANCE:if you
`_ are a person witff a disabilit
Ady__
vertisem s. �+ who needs special accom:
modations in order to•.partici-
pate in this proceeding,
please contact`the County
Administrator's Office,by
Richard Tam orrino, Publisher phoning(305)292-4441,be-
tween the hours of 8:30 a.m. 1
-5:06 p.m.,no later than five
Sworn to and subscribed before me this (5)calendar days prior to the i
'scheduled meeting;if you
a are hearing or voice im-
Day of �� 2017 paired;call"711".
f Dated"atKey West,Florida,
this 14&day of
November,2017.
KEVIN MADOK,Clerk-of the
Notary 0 Circuit Court(SEAL)and ex
(SEAL) officio Clerk of the Board of
County Commissioners of
ti�Y BEVERLYTRAEGER Monroe County,Florida
2° 4�
MY COMMISSION;*FF 108704
Pa' EXPIRES:April 18,2018 Published November 25,}2017
i ok qr` Bonded Thro Notary Pu6Hc Undenuriters The Reporter