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Ordinance 011-2022 ORDINANCE 011 - 2022 ,,,,,,,,,,,,,,,,,,,,,,,,,,,, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 25-4 OF THE MONROE COUNTY CODE; INCREASING MAXIMUM RATES FOR WRECKER OPERATORS IN THE UNINCORPORATED COUNTY WHO PROVIDE MOTOR VEHICLE TOWING AND STORAGE AT THE REQUEST OF A LAW ENFORCEMENT OFFICER; REVISING RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the `Board") finds it necessary from time to time to review and amend an ordinance to maintain its effectiveness and desired intent; and WHEREAS, the Board directed the County Attorney to review this Ordinance, the County's Law Enforcement Tow Ordinance to determine if the rates previously set need to be updated due to inflation; and WHEREAS, the Board is vested with the statutory authority to establish maximum rates for towing and storage pursuant to F.S. 125.0103(1)(b), F.S. 323.001(2), and F.S. 715.07(2)(b); and WHEREAS, the Board finds that the public interest would be served by enacting amendments to Monroe County Code Sec.25-4 to update the rate and fee schedule and make other desired changes; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,AS FOLLOWS: [Additions are underlined; deletions have been Lek ] SECTION 1. Section 25-4(d)(1)is hereby amended as follows: (d) Rates. 1 (1) For the removal and storage of wrecked or disabled motor vehicles or for the removal and storage of abandoned motor vehicles at the request of a law enforcement officer, the maximum rate that may be charged by a wrecker operator is as follows, based on the lowest class of wrecker service required for the vehicle, with any trailered appurtenance, for which law enforcement has requested towing: Class A Wrecker Service Base rate (anytime a wrecker is called to a $135.00-$200.00 site Inside storage (per day) $40.00$50.00 plus $ 08$3.00 per foot for motor vehicles over 20 feet long Outside storage (per day) $30.00$40.00 plus "$3.00 per foot for motor vehicles over 20 feet long Administration fee $ 5 00$50.00 Notification fee $50.00.$75.00 first notification$20.00 $25.00 each additional letter Mileage rate from wrecker station to site $3-00 $4.00 per mile and return Per hour charge beginning upon arrival on $135.00$200.00 site, in one-fourth-hour increments After hours gate fee $7-5-.00$200.00 Service call $100.00 Class B Wrecker Service Base rate (anytime a wrecker is called to a $80.00 $300.00 site Inside storage (per day) $40.00$50.00 plus $z:08$3.00 per foot for motor vehicles over 20 feet long Outside storage (per day) $30.00$40.00 plus "$3.00 per foot for motor vehicles over 20 feet long Administration fee $25.00-$50.00 Notification fee $50.00$75.00 first notification$20.00 $25.00 each additional letter Mileage rate from wrecker station to site $4.00 $5.00 per mile and return Per hour charge beginning arrival on site, $180.00$300.00 in one-fourth-hour increments After hours gate fee $75-W$200.00 Service call s5-.W$100.00 Class C Wrecker Service Base rate (anytime a wrecker is called to a $485 00$600.00 site 2 Mileage rate from wrecker station to site &5-.W $6.00 per mile and return Inside storage (per day) $40.00$50.00 plus $2-.00$3.00 per foot for motor vehicles over 20 feet long Outside storage (per day) $30.00$40.00 plus &2-.00$3.00 per foot for motor vehicles over 20 feet long Administration fee $25.00$50.00 Per hour charge beginning upon arrival on $300.04$600.00 site, in one-fourth-hour increments After hours gate fee &5,.�200.00 Service call &5-.0"100.00 SECTION 2. Section 25-4(g) is hereby amended as follows: (g)Penallies. This section maybe enforced by 0hie F',.,.:a Nigiy 4ay P t*el A«a the sheriff's office or any state law enforcement agency and any police force within Monroe County, Florida. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, or provision of this ordinance is 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 4.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 5. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances in the County of Monroe, Florida, as additions or amendments thereto, and the Monroe County Code shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 6. TRANSMITAL 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. [remainder of page intentionally left blank] 3 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board held on August 17, 2022. - - Mayor David Rice Yes a a- ..'Ark,'So' Mayor Pro Tem Craig Cates Yes ' Commissioner Michelle Coldiron Yes L i 1# 1 7,..* 4 Commissioner James K. Scholl Yes " Commissioner Holly Merrill Raschein Yes •TBOARD OF COUNTY ° A "T et: 0...60evin Madok, Clerk COMMISSIONERS OF MONROE C..NTv wt. COUNTY, FLORIDA By: fdoukollor s Depttty Clerk "0,25:,..,,....— By: Mayor/Chairman James D. f; Digitally signed by James D. ,-, _J J:Molenaar C= C. t_ ,` -.Date:2022.08.1015:26:32 c) MOlenaar 04'00' L.fL_LiV` Pr. Approved as to Form and Legal Sufficiency Et ._L. = _ James D Molenaar `"--". 1 , Asst. County Attorney ,k„_ — MON ROE COUNTY ATTORNEY'S OFFICE Jam;. C 4 iiSCrr.i�,zEN E hw F S`T 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 legals@keysnews.com MONROE CO ADMIN/BOCC 1100 SIMONTON ST STE 2-205 KEY WEST FL 33040 Account: 423273 Ticket: 3857570 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF INTENT TO CONSIDER ADOPTION OF COUNTY ORDINANCE COUNTY OF MONROE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 17, Before the undersigned authority personally appeared as the at matter P.M.,oras soon thereafter 9 Y p Y pp as the matter may be heard,at the Har- vey Government Center,1200 Truman Ave, Key West, Florida, the Board of Melinda Prescott who on oath says that he or she is county Commissioners of Monroe County, Florida, intends to consider adopting the following ordinance: The legal advertising representative of the Key West Citizen, a five day newspa- AN ORDINANCE OF THE BOARD OF per published in Key West, in Monroe County, Florida;that the attached copy of COUNTY COMMISSIONERS OF MON- advertisment, beinga legal notice in the matter of Request Tow Ordinance was ROE COUNTY, FLORIDA,1) OF AMENDING g q SECTION 25-4(d)(1) OF THE MONROE published in said newspaper in the issues of: COUNTY CODE; INCREASING MAX- IMUM RATES FOR WRECKER OPER- ATORS IN THE UNINCORPORATED Saturday,August 6, 2022 COUNTY WHO PROVIDE MOTOR VEHI- CLE TOWING AND STORAGE ATTHE RE- QUEST OF A LAW ENFORCEMENT OFFI- Affiant further says that the Key West Citizen is a newspaper published in Key CER;REVISING RATES;PROVIDING FOR West, in said Monroe County, Florida and that the said newspapers has hereto- SEVERABILITY; PROVIDING FOR THE ON- fore been continuous) published in said Monroe County, Florida Tuesday thru REPEAL OF ALL ORDINANCES G FOR Y p Y Y SISTENT HEREWITH; PROVIDING FOR Saturday weekly, and has been entered as periodicals matter at the post office in INCORPORATION INTO THE MONROE KeyWest, in said Monroe County, Florida, fora period of 1 year next preceding COUNTY CODE OF ORDINANCES;AND y p Y p g PROVIDING AN EFFECTIVE DATE. the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any The proposed ordinance may be in- spected by the public at the Monroe discount, rebate, commission or refund for the purpose of securing this advertise- county webslte by viewing the agen- ment for publication in the said newspaper. da packet for the August 17 meeting, which will be posted beginning on Au- gust 5, 2022 at: http://monroecounty- fl.igm2.com/citizens/default.aspx. The ordinance may also be viewed at the Monroe County Attorney's office at 1111 12 th St.,Suite 408 Key West, FL 33040. tg The public can participate in the Au- ,) l ^t�_ gust 17, 2022, meeting of the Board of County Commissioners of Monroe (Signature ofAffiant) County, FL by attending in person or via Zoom.The Zoom link can be found Affirmed and subscribed before me this 10th dayof August 2022 in the agenda iz ns/dhttpe/monroexounty- 9 fl.igm2.com/citizens/default.aspx. ADA ASSISTANCE: If you are a person .• with a disability who needs special 49 accommodations in order to partici- pate in this proceeding, please con- (Notary Public Signature) tact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30a.m.-5:00p.m., prior Laura M Robins to the scheduled meeting; if you are (Notary Public Printed Name) hearing or voice-impaired, call "711". Live Closed-Captioning is available via our web portal @ http://monroecoun- My commission expires 9/26/2026 tyfl.igm2.com/Citizens/Default.aspx for meetings of the Monroe County Board Personally Known X Produced Identification of County Commissioners. Type of Identification Produced (Notary Seal) Dated at Key West, Florida,this 2 nd day of August 2022, mJdtar�/f� v:� �� a @ f1aY"d4s (SEAL) oSlns KEVIN MADOK, Clerk of the Circuit R m➢ssRc�ru �� Court and Ex Off icio Clerk of the Board F)K of County Commissioners of Monroe , pirzs 7E?f"�0S°8 County,Florida 08/06/2022-KWC 423273 3857570 WEEKZug NOTICE OF INTENTM CONSIDER ADOPTION OF COUNTY 5L ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that as Published Weekly hoard,,,6k the Marathon,Monroe County,Florida 070'itmig)Ave;Ke wait" PROOF OF PUBLICATION Commissioners of Monroe intends to STATE OFFLORIDA AN OROINANCE,Of THE BOARD COUNTY OFyNC}NR0G Before the undersigned authority personally appeared JASONK3LERwho on oath' says that he is PUBLISHER of the WEEKLY NEWSPAPERS, a weekly IN, 11 RP GO N PR DE newspaper published in Marathon, in MOTOR VEHICLE TOWINGAND Monroe County, Florida: that the "' OFFICER- attached copy of advertisement was REVISING RATES;PROVIDING FOR SEVERABILITY,PROVIDING published in said newspaper in the issues of:(date($ofpublication) 'Ic at Affiant further says that the said WEEKLY b no NEWSPAPERS isa newspaper published at Marathon, in said Monroe County, Florida,and that the said newspaper has heretofore been continuously published In said Monroe County, Florida, once each week (on Thursday) and has been qualified asa second class mail matter at August the post office in Marathon, |nMonroe Board,of County CommjssI6�*4 County, Florida,for a period of one year o(Monroe0whity,Ft by, 4460N In ji-j$bn or via next preceding the first publication of Z604n,711414)0�6 link can be the attached copy of advertisement.The afhant further says that he has neither paid nor promised any person, firm, nr corporation any discount' rebate, n*ssw6lacuoniodo,Ions commission or refund for the purpose of securing this advertisement for publication in the said nevvspaper(s)and thatspapers is in full wmptlam with Chapter 50 of the Florida State 5talutes on,-leol-arld Dated at We*VIorWajb1s Sworn/to M'Clerkofthe and bscrih�ecl before me rt, Circuit cou (SEAL) ofCogot CoMnAssioners of The Weekly 4ewspapers Notary AI jz GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN September 14, 2022 Department of State Administrative Code& Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is a copy of Ordinance No. 011-2022 of the Board of County Commissioners of Monroe County, Florida, amending Section 25-4 of the Monroe County Code; increasing maxitnurn rates for wrecker operators in the unincorporated County who provide motor vehicle towing and storage at the request of a law enforcement officer; reVising rates; providing for severability; proNriduig for the repeal of all ordinances inconsistent herewith; proNriduig for incorporation into the Monroe County Code of Ordinances; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on August 17, 2022. 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.•Liz YonPzre, Deputy Clelk cc: Cotulty Administrator Cotulty Attorney_ MuniCode BOCC File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 irr ' pw' I FLORIDA DEPARTMENT Of'STAT'E" RON DESANTIS CORD BYRD Governor Secretary of State September 14, 2022 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Liz Yongue Dear Kevin Madok: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 011-2022, which was filed in this office on September 14, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270