Resolution 026-1999
Clerk of the Circuit Court
RESOLUTION NO. 026
- 1999
A RESOLUTION DESIGNATING THE COURTHOUSE ANNEX BUILDING AT 500
WHITEHEAD STREET. KEY WEST. AS THE TEMPORARY COURTHOUSE FOR THE
POSTING OF STATUTORILY REQUIRED NOTICES WHILE THE OLD
COURTHOUSE AT 500 WHITEHEAD STREET IS UNDERGOING CONSTRUCTION.
WHEREAS, the old Courthouse building at 500 Whitehead Street. Key West. is presently
undergoing extensive renovation that frustrates the use of the building as a site for the posting
of public and statutory notices: and
WHEREAS, the Monroe County Board of County Commissioners, as the entity
responsible under the laws of Florida for providing and managing the County Courthouse,
has determined that it is necessary to designate the Courthouse Annex Building at 500
Whitehead Street as a temporary site for the posting of public and statutory notices: now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
FLORIDA:
Section 1.) The Courthouse Annex Building at 500 Whitehead Street is hereby
designated as the location for the posting of public notices and for the posting of those
notices required by statute to be posted at the County Courthouse.
Section 2.) This Resolution will remain in effect until the reconstruction work at the
old Courthouse building at 500 Whitehead Street is complete. Complete, for the purposes of
this Resolution, means when the City of Key West issues either a temporary or permanent
certificate of occupancy for the old Courthouse building. 3:
o \D ."
PASSED AND ADOPTED by the Board of County Commissioners of MO~~~O~ty, ~
Florida, at a regular meeting of said Board held on the 13th day of January, 1~~ :z: 0
~~%I~:~:~~~~~~:~:~man ~:: ~~~ : ~
/ ",..> ' Commissioner George Neugent Yes ;<~:r: ::E ~
'>~ Commissioner Mary Kay Reich Yes ". :t> c:!' g
.". , C". N W'II' Y r- C)
~ .;;..~~. ommlSSloner ora I lams es 1> f"l'l CJ1 Eg
JO,;.~ '~,""': ' _ ; ,_
,'lSl:&),' "
", , - ':'6ANNY I. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By B,jJ:"D ~~o lA~.~_
Depu Cle
. . ~\
By\.~~ .t\':IIo.A~ ~._~~~ ~
Mayor/Chairman
slresl annex.doc
APPROVED AS TO FORM
ANDl~
B~
ROBERT N
DATE I.... G; .. 9.9
Danny Kolhage, Clerk
Rob Wolfe, Chief Assistant County AttorneyO( V
Posting of notices at the Courthouse while the renovation work is on-going.
C OK~~rY of ~L~~A~goE
County Attorney's Office
310 Fleming Street, Room 28
Key West, Florida 33040
(305) 292-3470
TO:
FROM:
SUBJECT:
DATE:
September 16, 1998
MEMORANDUM
BOARD OF COUNTY COMMISSIONERS
MAYOR, Keith Douglass, District 4
Mayor Pro Tem, Jack london, District 2
Wilhelmina Harvey, District 1
Shirley Freeman, District 3
Mary Kay Reich, District 5
(;Q(;Q(;Q(;Q(;Q(;Q(;Q(;Q(;Q(;Q(;Q(;Q(;Q(;Q(;Q
There is no statute or case that I could locate that specifically addresses the concern you
have raised.
However, as I think we all would agree, the construction and maintenance of a
courthouse are historically one of the essential functions of county government. See Posey v.
Wakulla County, 3 SO.2d 799 (Fla. 1941); State v. County of Santa Rosa, 105 SO.2d 365 (Fla. 1958).
In addition, the Legislature has specifically granted counties the power to "provide and
maintain county buildings." See Sec. 125.01 (l)(c), F.S. The Legislature has also mandated that
the "counties shall provide appropriate courtrooms, facilities [and] equipment...necessary to
operate the circuit and county courts." See Sec. 43.28, F.S.
Therefore, given the pervasive responsibility of the BCC to operate, equip and maintain a
county courthouse, I suggest that the BCC, as essentially the manager of the courthouse, by
resolution designate a temporary courthouse door and posting location for the placement of
notices until the current renovations are complete. I also suggest temporary location be close to
an office traditionally in the courthouse, e.g., the courtrooms, the Clerk's office, rather than
offices that might or might not, be in the courthouse based upon administrative convenience,
e.g., the County or State Attorney's offices.
Please call or write with your comments, suggestions, etc.
Rw/pr
~~
~19