Item R07 R.7
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
July 20, 2022
Agenda Item Number: R.7
Agenda Item Summary #10750
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
n/a
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider an ordinance
amending Section 2-477 of the Monroe County Code regarding membership on the Shared Asset
Forfeiture Fund Advisory Board.
ITEM BACKGROUND: In 2008, a proposed ordinance was drafted that would have updated the
membership criteria and appointment procedures for the Shared Asset Forfeiture Fund (SAFF)
Advisory Board. Although the SAFF Board has subsequently acted as if that ordinance had been
adopted, there is no known record of the BOCC actually adopting those changes into law.
The proposed ordinance would designate the length of term on the SAFF Board as 4 years with no
limit on the number of terms a member would serve. The proposed ordinance would also require the
BOCC to confirm the Sheriff's appointments; this language is proposed to avoid a non-delegation
issue. The Sheriff has expressed his support for these changes. Finally, the current members of the
SAFF Advisory Board would serve until the start of the next term of the nominating commissioner
or Sheriff.
PREVIOUS RELEVANT BOCC ACTION: On 5/17/2000, the BOCC adopted ordinance 30-
2000, which established the SAFF Board.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
SAFF draft ordinance 2022
FINANCIAL IMPACT:
Packet Pg. 1636
R.7
Effective Date: upon adoption
Expiration Date: none
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: No.
Additional Details:
n/a
REVIEWED BY:
Bob Shillinger Completed 06/21/2022 10:05 AM
Bob Shillinger Completed 06/27/2022 9:57 AM
Purchasing Completed 06/27/2022 10:00 AM
Budget and Finance Completed 07/05/2022 4:45 PM
Brian Bradley Completed 07/05/2022 5:13 PM
Lindsey Ballard Completed 07/05/2022 5:19 PM
Board of County Commissioners Pending 07/20/2022 9:00 AM
Packet Pg. 1637
R.7.a
ORDINANCE NO. -2022
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 2-477 OF THE MONROE COUNTY
CODE TO CLARIFY THE AUTHORITY FOR THE
APPOINTMENT OF MEMBERS TO THE MONROE 0
COUNTY SHARED ASSET FORFEITURE FUND
ADVISORY BOARD; PROVIDING FOR 4 Y E A R
TERMS OF MEMBERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL E
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
2
Z
WHEREAS, the Monroe County Board of County Commissioners ("B.O.C.C."), in
Ordinance No. 30-2000, established the Monroe County Shared Asset Forfeiture Fund
Advisory Board (SAFF Board) for the purpose of conducting public hearings and making
recommendations to the B.O.C.C. regarding the expenditure of funds in the Sheriff's Shared
Asset Forfeiture Fund(SAFF) account, as codified in Monroe County Code Section 2-601, et. 0
seq.; and
0
WHEREAS, the ordinance did not define the length of terms for members of the board;
and
N
c�
WHEREAS, the ordinance provided for two members of the advisory board to be
appointed by the Sheriff; and
WHEREAS, the Board of County Commissioners may not delegate their discretion to 0
make appointments to advisory boards without setting up an appointment process with such
detailed criteria as to remove discretion from the process; and
U-
WHEREAS, it is deemed in the best interests of the public to clarify the authority for
appointment of members to the advisory board, and their terms of appointment; now therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
(additions appear underlined; deletions appear in sue)
Section 1. Sec. 2-477(b), Monroe County Code is hereby amended to read as follows:
(b) The board consists of seven(7)members appointed by the Board of County Commissioners
Packet Pg. 1638
ur)on the following!, nominations: One (1) appoi nominated by each county commission
and two (2) appei nominated by the sheriff. Each current member of the board shall serve
until the start of the next full four-:ear term of the respective nominating commissioner or
sheriff. Subsequently, all terms shall end either after four years or upon the termination of the
term of the respective nominating commissioner or sheriff, whichever shall first occur. When
any vacancy occurs, the sheriff or the commissioner for the district that made the previous
nomination for the vacant seat shall nominate a new member to be appointed by the Board of
County Commissioners. No limit shall be placed on the number of consecutive terms an
individual may serve. The sheriff's general counsel is the counsel to the board. The sheriff shall
furnish a secretary to the board to keep the minutes and records of the board. The sheriff is the
custodian of the board's records. The board must annually elect a chairman and vice chairman.
The board may adopt such rules of procedure as it deems necessary and may amend such rules
from time to time. The board members are not entitled to any compensation for their service on 0
the board but are entitled to reimbursement for expenses pursuant to F.S. 112.061. LL
Section 2.If any section, subsection, clause, or provision of this ordinance is held to be invalid,
such invalidity shall not affect the remainder of this ordinance.
M
0
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of said conflict.
a�
Section 4. This ordinance shall be included and incorporated in the Code of Ordinances of Monroe .g
County, Florida as an addition or amendment thereto, and shall be renumbered appropriately to
conform with the uniform numbering system of the Monroe County Code.
Section 5. This Ordinance shall take effect on December 1, 2023, provided that this Ordinance
shall be filed with the Department of State as provided in F.S. 125.66(2).
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 0-
CL
Florida, at a regular meeting of said Board held on the day of 2022. CL
Mayor David Rice
Mayor Pro Teen Craig Cates a
Commissioner Michelle Coldiron
Commissioner James K. Scholl
Commissioner Holly Merrill Raschein 0
ATTEST: KEVIN MADOK, CLERK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS U-
d
By: By:
As Deputy Clerk David P. Rice, Mayor
Approved for form and legal sufficiency by
Robert B. Shillinger, Monroe County Attorney
Packet Pg. 1639