Ordinance 026-2021 ORDINANCE NO. 026 —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 strike thr-ough 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 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 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 be held every other month on the
first Tuesday of that month, but the meetings may 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 Yes
Mayor Pro Tem David Rice,District 4 Yes
Commissioner Craig Cates, District 1 Yes
Commissioner Eddie Martinez,District 3 Yes
Commissioner Holly Merrill Raschein, District 5 Yes
�C 1% BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLO
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s°4! ,° By:
� Mayor Michelle Coldiron
ATTEST: KEVIN MADOK, CLERK
(� MONROE COUNTY ATTORNEY
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CHRISTINE LIMBERT•BARROWS
By: ASSIISTENTCO�n,ATTORNEY
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The Florida Keys Only Daily Newspaper, Est.1876
PO Box 1800,Key West FL 33041
P.(305)292-7777 ext.219 F.(305)295-8025
iegals@keysnews.com
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PUBLISHER'S AFFIDAVIT
-STATE OF FLORIDA _ _-_....._._... _
COUNTY OF MONROE NOTICE OF INTENTION TO CONSIDER your Hand"to be recognized by the
ADOPTION OF COUNTY ORDINANCE Zoom webinar host.
NOTICE IS HEREBY GIVEN TO WHOM b) To comment on an item using
Before the undersigned authority personals appeared IT MAY CONCERN that on October 20, the live Zoom webinar link: Open this
Y pp 2021,at 1:30 1 or as soon thereaf- live Zoom webinar link @ httos://mc-
ter as the matter may be heard,at the bocczoom.usfj/89430231994(that also
Monroe County Government Center, appears in both the published Agenda
who on oath says that he or she is 2798 Overseas Hwy., Marathon, Flor- and Agenda Packet). When prompted,
ida,the Board of County Commission- enter your email address and name to
ers of Monroe County,Florida,intends join the webinar. When the May-
` of the Key West Citizen,a daily to consider adopting the following or- or calls for speakers on the item(s)on
dinance: which you wish to comment;or when
newspaper published in Key West,in Monroe County,Florida;that the attached the Board is nearing your item(s)as the
co of advertisment,being ale al notice in the matter of Ordinance 10:20 was AN ORDINANCE of THE MONROE meeting progresses,select the"Raised
copy 9 g COUNTY BOARD OF COUNTY COMMIS- Hand"feature that appears at the bot
published In said newspaper in the Issues of: STONERS AMENDING MONROE COUN- tom of the Zoom webinar screen to
TY CODE SECTION 22-127(e), ESTAB- be recognized by the Zoom webinar
LISHMENT OF ADVISORY BOARD, IN host.
Sunday,October 10,2021 ORDER TO ALLOW FOR THE DUCK KEY
SECURITY DISTRICT ADVISORY BOARD The Zoom webinar host will request
MEETINGS TO BE HELD ON AN ALTER- the item#on which you wish to speak
NATIVE DATE OTHER THAN THE FIRST and enable your participation when
Affiant further says that the Key West Citizen is a newspaper published in Key TUESDAY OF EVERY OTHER MONTH AS the Mayor calls for public speakers on
NEEDED;PROVIDING FOR SEVERABILI- your item.To report problems with the
West,in said Monroe County,Florida and that the said newspapers has hereto- TY,PROVIDING FOR REPEAL OF ALL OR- broadcast or participation in the Zoom
fore been continuously published in said Monroe County,Florida every day,and DINANCES INCONSISTENT HEREWITH; webinar,please call(305)872-8831.
has been entered as periodicals matter at the post office in Key West,in said AND PROVIDING FOR AN EFFECTIVE
p p Y DATE. Pursuant to Section 286.0105, Florida
Monroe County,Florida,for a period of 1 year next preceding the first publication statutes,notice is given that if a person
of the attached copy of advertisement;and affiant further says that he or she has The public
20,2021,meetingtof'the hBoaard the lBoard des to witharespect tolany on at er
neither paid nor promised any person,firm or corporation any discount, rebate, of County Commissioners of Monroe considered at such hearings or meet-
commission or refund for the rl5os of securing this advertisement for publca- County,FL by attending in person or ings,he will need a record of the pro-
via Communication Media Technol- ceedings, and that,for such purpose,
tioyl n e Sal newspaper. ogy ("CMT") using a Zoom Webinar he may need to ensure that a verba-
platform by following the detailed in- tim record of the proceedings is made,
structions below. The public is strong- which record includes the testimony
ly encouraged to watch the meeting and evidence upon which the appeal is
(Signature of Affiant) on Monroe County's MCTV on Comcast to be based.
Channel 76,AT&T U-verse Channel 99
iW&r
or on-the-County's web-portal @ htto:// ADA ASSISTANCE., If you are apersonme this 20th day of October 2021 monroecountyfl.igm2.Com/C tizens/De- with a disability who needs special
fault asox. Simply select the "Watch accommodations in order to particiLive"banner to view the live meeting pate in this proceeding,please contact
with live closed-captioning on an inte- the County Administrator's Office,by
ota Ublt r grated page that includes the Agenda phoning(305)292-4441,between the
( l na and Agenda Backup. hours of 8.30a.m.S00p.m.,prior to
the scheduled meeting;if you are hear-
If a citizen has a Roku device,they can ing or voice-impaired,call"711". Live
search for and add"MCTV" to their Closed-Captioning is available via our
(Notary P lic Printed Name) (Notary Sea]) personal lineup. Monroe County's web portal @ h • n n i n -
"MCTV"is also provided via the Mon- f�m2.com/CitizenS/Defaul
roe County mobile apps forts and An- meetings of the Monroe County Board
My commission expires 073 ZZ droid and through our streaming web of County Commissioners.
portal @ httos://monroe-fl.vod.castus.
tv/vod/?live=chl&nav=live. Dated at Key West;Florida,this 9 day of
(October),2021.
Personally Known X Produced Identification_ Citizens can listen to audio-only from KEVIN MADOK, Clerk of
their phones by dialing(646)518-9805 the Circuit Court and ex officio Clerk of
or(669)900.6833 and,when prompt- the Board of County Commissioners of
Type of Identification Produced ed,enterthe Webinar ID 89430231994 Monroe County,Florida
followed by the#key.. 10/09/21 Key West Citizen
The public can comment during the live
Public Hearing either by phoning in or
� by connecting to the live Zoom webi-
,s of �i nar link using the following instruc-
uelnn Stamper
COMMISSION#GG232802 a) To comment on an item by
- phone:�!t Dial.(646) 518-9805 or(669)
tte 27 2022 900ter.6833 and,when prompted,en-
EXPIRES:
111N���` r lowedeb #Webinar ID 894 309 3 1994 fol
BonM lbru Aaron Notary
GJ�t C°UR"c
o: Kevin Madok, CPA
.. .... Clerk of the Circuit Court& Comptroller— Monroe Count Florida
•ROE COUNT. Y1
November 2, 2021
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It Mav Concern,
Attached is an electronic copy of Ordinance No. 026-2021 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on October 20, 2021. 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
bv.•Pamela G. Hancock, D.C.
cc: County Administrator
County Attorney_
BOCC
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
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RON DESANTIS LAUREL M. LEE
Governor Secretary of State
November 3, 2021
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 026-2021, which was filed in this office on November 2,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270