Ordinance 019-2022 ORDINANCE 019 - 2022
....................................
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 25-7 OF THE MONROE COUNTY
CODE; DELETING THE DEFINTION OF PERMITTING
OFFICIAL; DELETING THE REQUIREMENT FOR AN
OPERATING PERMIT; INCREASING MAXIMUM
RATES FOR NONCONSENSUAL TOWING SERVICES;
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 non-consensual tow ordinance to determine if the rates previously set need to be updated
due to inflation; and
WHEREAS, this section is amended pursuant to the statutory power of Monroe County to
establish and enforce business regulations necessary for the protection of the public, pursuant to
F.S. 125.0103(1)(b) and F.S. 715.07; and
WHEREAS, the Board finds that its prior permitting scheme should be eliminated in the
interests of reducing regulatory requirements on small business operators; and
WHEREAS, the Board finds that the public interest would be served by enacting
amendments to Monroe County Code Sec. 25-7; and
WHEREAS, the Board finds that having one rate and fee schedule that applies to both
non-consensual tows and law enforcement tows would eliminate unnecessary confusion so the
Board specifically intends to strike the fee provisions in Section 25-7 and, in its place, incorporate
by reference the updated rate and fee schedule adopted on August 17,2022 as part of the ordinance
on law enforcement tows into this ordinance for non-consensual tows.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
1
COMMISSIONERS OF MONROE COUNTY, FLORIDA,AS FOLLOWS:
[Proposed Text Changes are presented in st+ike4--attg4 to indicate deletions and
underline to indicate additions; only those subsections, paragraphs, subparagraphs
changed appear below.]
SECTION 1. Section 25-7 (d) is hereby amended as follows:
(d)Definitions. For purposes of this section, the following definitions shall apply:
SECTION 2. Section 25-7 (e) is hereby amended as follows:
Disclaimer
„tside e t o eetinty shall be feErdifed to obtain aiieneensensual taw fn t and shall
be stlbjee+to fill the rfavisiefts 64hfis
(2 1)Nothing in this section shall be construed to prohibit the discharge or storage of a vehicle
lawfully recovered, towed or removed within a city or another county and lawfully
transported within, or into, the county; nor shall anything in this section be construed to
prohibit a vehicle owner from requesting the services of a towing business not regularly
doing business in the county (i.e., routinely, contracted, etc.) to tow or transport such
vehicle out of the county.
(3 2)The provisions of this section shall not apply to governmental agencies and persons
operating pursuant to a government initiated tow request.
SECTION 3. Section 25-7 (t)is hereby stricken in its entirety.
SECTION 4. Section 25-7 (g) is hereby renamed as (f) and amended as follows:
(g f) Required equipment.
(1) Every towing service operating under this section will be required to comply
with the equipment requirements set forth in subsection 25-4(b).
2
- - --- ------ --f said - eawpletiiig theiiiispee6--- --- - ------ Go"
Fleet Maifftena-nee Depaftmen4 shall pf evide�he applieaftf with an iiispeetiaii f6fffi signed by
the
..metio f,-,�, s;�e,7 by Tif(-SO deputy F1"4D eff ,eef, in lieu of e inspeetieft
,..+,. ,1 b the T ill.iff ee Ga ,-.t, lJ eet M ,..t„tietffee De ,.t.-.., ..,t
SECTION 5. Section 25-7(h) is hereby renamed as (g) and amended as follows:
(h g). -Maximum rates for nonconsensual lowingservices
(1) The maximum rate for a nonconsensual private tow shall be as r s the same rates
set forth in subsection 25-4(d)(1).
.
.
i3fefflises of
. . --
r-
pefsen a
o,l ,�oo iiig- the. of t o of o of
(i Stefage f6es fflay be ehafged affly
_ --_
'""b'
3
lieii 4etEef( e beex pfepff 4e (; U.S.c >\a ;l
(4) Afcecz—rhottrgate fees ffiay not be applied betweeH the houfs of 4r o:00 a. l and 5:00 Tp. i ..
bffte 4;ee shall be '
(-5 2)Persons who provide services pursuant to this section shall not charge in excess of the
maximum allowable rates established by the board. No person providing services
pursuant to this section shall charge any type of fee other than the rates the board has
specifically established. Persons who provide nonconsensual tow services from the
county to a location outside the county shall abide by the terms of this section including
all rates and charges adopted by the board.
(6 ')Persons who provide nonconsensual tow services pursuant to this section shall provide
a Monroe County, Florida Maximum Non-Consent Towing Rates sheet to the vehicle or
vessel owner upon request at the time of payment.
(7 4)Every towing service operating under this section shall conspicuously display at its place
of business the maximum charges that may be imposed for ordinary towing and road
service under this section.
(S 5)Upon payment of the fees specified herein, persons who provide nonconsensual tow
services in areas where the speed limit exceeds 35 m.p.h. shall make reasonable
arrangements to return any noncommercially owned moped, electric car or similar
reduced-speed vehicle to the vehicle owner. The tow company may impose a fee, not to
exceed $50.00 $75.00 and $3-90 $4.00 per mile (one way only) for the return delivery
service.
SECTION 6. Section 25-7(i) is hereby renamed as (h) and amended as follows:
(i h) Nonconsent tow company requirements.
e
4
(4-09) It shall be a violation of this section for any person providing nonconsensual tow
services to fail to respond in writing within ten business days to any written inquiry or
request for information from the po,-mitting official w the County Attorney or any law
enforcement agency.
SECTION 7. Section 25-70) is hereby renamed as (i).
SECTION 8. Section 25-7(k) is hereby renamed as (j):
SECTION 9. Section 25-7(1) is hereby renamed as (k) and amended as follows:
(Lk�Enforcement and penalties for violations.
(3)
r,.fffl t of lieeiise by ejiy .., nt l entity. Should any person violate or fail to comply
with any provision of this section,the office of the county attorney may make application
to the circuit court for the Sixteenth Judicial Circuit of Florida for an order to enjoin such
violation or failure of compliance.
A## eial, rpttfstta t to the jareeesrs-set efeift, to a-,� , violated this seetieti shall 1..
ferCY1edules�he he a, .. The p -mitt; .. ,.1'1-;- „l shall he .t,..,+;---- y --,..,1/e - idei-ee 6. the
Via- -'r_,..... ,..a - rJ
peffflittiiig affieial ffia-y suspend of fevake -vielatef may appeal the pefmAting -
i
,�++1-;,.;aVs �.,..;t+t} t..,fniti t:,.,., The ..,.,,,.tom, e,.,.........:.,.,;l..-. .,ha4 set the .,ttef 4;6f 1,,..,,.ifig
YT1�PrrCCe13 ear_.rrrrrrr+rrn --' ----' -'------J -'--------"---- `------ `-'- —= �-----'- --- --=-----a
ofity to +he eeffifflissieff ffla-y„I'+;,...... f evef se of ffl,.&�the deeisieff,.l'
SECTION 10. 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
5
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 11. 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 12. 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.
The editors are the municipal code corporation are advised that any provision of section
25-7 that does not appear in this ordinance shall remain unchanged. The editors are
authorized to make editorial edits for renumbering and relabeling.
SECTION 13. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board held on the August 17, 2022.
° Mayor David Rice Yes
As'�15 �'��'r • Mayor Pro Tern Craig Cates Yes
isaIN Commissioner Michelle Coldiron Yes
e " Commissioner James K. Scholl Yes
Commissioner Holly Merrill Raschein Yes
qi ,," - BOARD OF COUNTY
9
COMMISSIONERS OF MONROE
ST: Kevin Madok, Clerk COUNTY, FLORIDA
By: vim✓ e -
As Deputy Clerk By:
CID s: Mayor/Chairman
c= .
•— James D. !, Digitally signed byJames D.
`__ /'Molenaar
f >O Molenaar Date:2022.08.10 14:35:14-04'00'
Approved as to Form and Legal Sufficiency
}; _ James D. Molenaar
Asst. County Attorney
MONROE COUNTY ATTORNEY'S OFFICE
6
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ton..'N
II^IIIIIIIII � � � �mIIII
The Florida Keys Only Dail Newspaper, Est. 1876
Y Y Y
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: 3857548
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 ter as at ma terP.M or as soon ,at the
g y p y pp ter as the matter may be heard,at the
Harvey Government Center, 1200 Tru-
man Ave,Key West,Florida,the Board
Melinda Prescott who on oath says that he or she is of 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, beinglegal notice in the matter of Non-Consensual Tow Ord.was ROE COUNTY, FLORIDA, MENDING
a g SECTION 25-7(h) OFF THE MONROE
published in said newspaper in the issues of: COUNTY CODE; DELETING THE DEFIN-
TION OF PERMITTING OFFICIAL;DELET-
ING THE REQUIREMENT FOR AN OPER-
Saturday,August 6, 2022 ATING PERMIT;INCREASING MAXIMUM
RATES FOR NONCONSENSUAL TOWING
SERVICES; PROVIDING FOR SEVER-
Affiant further says that the Key West Citizen is a newspaper published in Key ABILITY; PROVIDING FOR THE REPEAL
West, in said Monroe County, Florida and that the said newspapers has hereto- of ALL ORDINANCES INCONSISTENT
HEREWITH;PROVIDING FOR INCORPO-
fore been continuously published in said Monroe County, Florida Tuesday thru RATION INTO THE MONROE COUNTY
Saturday weekly, and has been entered as periodicals matter at the post office in CODE OF ORDINANCES;AND PROVID-
Key West, in said Monroe County, Florida,for a period of 1 year next preceding ING AN EFFECTIVE DATE.
the first publication of the attached copy of advertisement; and affiant further says The proposed ordinance may be in-
that he or she has neither paid nor promised any person,firm or corporation any spected by the public at the Monroe
County website by viewing the agen-
discount, rebate,commission or refund for the purpose of securing this advertise- da packet for the August 17 meeting,
ment for publication in the said newspaper. 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 12th St., Suite 408 Key West, FL
33040.
The public can participate in the Au-
gust 17, 2022, meeting of the Board
u P of County Commissioners of Monroe
County, FL by attending in person or
(Signature ofAfflant) via Zoom.The Zoom link can be found
in the agenda at http://monroecounty-
Affirmed and subscribed before me this 10th day of August 2022 fl.igm2.com/citizens/default.aspx.
ADA ASSISTANCE: If you are a person
with a disability who needs special ac-
commodations in order to participate
in this proceeding, please contact
(Notary Public Signature) the County Administrator's Office, by
( y g ) phoning (305) 292-4441, between the
hours of 8:30a.m.-5:00p.m., prior to
the scheduled meeting;if you are hear-
Laura M Robins ing or voice-impaired,call "711". Live
(Notary Public Printed Name) closed-captioning is available via our
web portal @ http://monroecounty-
fl.igm2.com/Citizens/Default.aspx for
My Commission expires 9/26/2026 meetings of the Monroe County Board
of County Commissioners.
Personally Known X Produced Identification_ Dated atKeywest,Florida,this 2ndday
Type of Identification Produced (Notary Seal) of August 2022.
t�a4ar^7 F uva�r o � rlra (SEAL)
��tlnr� u5lrrd� KEVIN MADOK, Clerk of the Circuit
Court and Ex Off icio Clerk of the Board
tIL of County Commissioners of Monroe
h'xpisws S�°�2Enl°2f12f County,Florida
t
m 08/06/22-KWC
423273 3857548
ADOPTION OF COUNTY
�
W1 E-E K ORDINANCE
O:t
mjL NOTICE IS HEREBY GIVEN TO
NOTICE OF INTENT TO CONSIDER
HOM IT MAY CONCERN that
Published Weekly
Hot 40einakebtC04or"
Marathon,Monroe County,Florida Ij 2ololu*'n Ave Key West
Cwjrn�lormrs of Monroe
PROOF OF PUBLICATION CoUn'�,Floildet,intends to
cons! orz�op
� STATE OF FLORIDA AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
COUNTY QFN1OydR0G OF MONROE COUINTX FLORIDA,
AMENDING SECTION 25-7(h)OF
Before the undersigned authority THE MONROE COUNTY CODE;
personally appeared JA5ON0OLERwho DELETINGTHEDEFINTION
OF PERMITTING OFFICIAL;
on oath' says that he is PUBLISHER of DELETING THE REQUIREMENT
the WEEKLY NEWSPAPERS, a weekly FOR AN OPERATING PERMIT,*
INCREASING MAXIMUM RATES
newspaper published in Marathon, in
Monroe County, Florida: that the
attached copy of advertisement was
ORDINANCES INCONS15TENT
published in said newspaper in the HERtWTTH;PROVIDING FOR
issues of:(date($of publication) INCORPORATION
MONROECOUINTYCODEOF
ORDINANCES:AND PROVIDING
AN EFFECTIVE DATE.
so, Irian y
he
Affiant further says that the said WEEKLY
nPI
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
the post office in Marathon, In Monroe
County, Florida,for a period of one year
next preceding the first publication of
the attached copy of advertisement.The
afhantfurther says that he has neither
paid nor promised any person, firm, or '
corporation any discount, rebate' ^
commission or refund for the purpose of
securing this advertisement for rs of,
publication in the said nevvspaper($and
that
—ft9rjda State Statutes on Legal and U11 n11
Boar
of ust.2
rt
Monroe,'ounty,
(SEAL) POMAN
The Weekly Newspapers
Notary
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. 019-2022 of the Board of County Commissioners of
Monroe County, Florida, amending Section 25-7 of the Monroe County Code, deleting the
definition of Permitting Official; deleting the requirement for an Operating Permit; increasing
maxitnurn rates for nonconsensual towing services;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.
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. 019-2022, 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