Item X5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 7/15-7/16
Division:
County Attorney
Bulk Item: Yes ~ No
Department: County Attorney
AGENDA ITEM WORDING:
Request to approve emergency ordinance authorizing the removal of disruptive persons with no
legitimate business purpose from the Harvey Government Center.
ITEM BACKGROUND:
Individuals with no legitimate business purpose at the Harvey Government Center have been disrupting
the orderly flow of operations at that facility. The ordinance needs immediate approval since the
disruptive conduct is escalating and appears to be headed towards a dangerous situation.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No XX
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL: ~7~ ~
~~ '
DOCUMENTATION:
Included
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
X5
ORDINANCE NO.
-2003
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, PROHIBITING
PERSONS FROM WILLFULLY ENTERING UPON OR REMAINING
UPON THE PREMISES OF THE HARVEY GOVERNMENT CENTER AT
HISTORIC TRUMAN SCHOOL IN KEY WEST WHILE CONDUCTING
NO LEGITIMATE PUBLIC BUSINESS; PROVIDING FOR EXCEPTIONS;
PROVIDING FOR ENFORCEMENT AND PENALTIES; 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 EFECTIVE DATE.
WHEREAS, the Board finds the threat to the safety and welfare of its
employees caused by disruptive and/or disorderly persons entering into and/or
remaining in the Harvey Government Center at Historic Truman School in Key
West (hereinafter "HGC") with no legitimate public business to be an emergency;
and
WHEREAS, the only rooms in the HGC that qualify as public forums
through operation and/or tradition under the U.S. and Florida Constitutions are
the Commission Chambers and Senior Center; and
WHEREAS, the remainder of the HGC contains offices and other facilities
that are not public fora by operation and/or tradition; and
WHEREAS, it is the intent of the Commission to provide for a safe,
secure, orderly place for public employees and the public to conduct public
business; and
WHEREAS, it is the intent of the Commission to provide for a safe,
secure, orderly place for County employees to conduct the County's business;
and
WHEREAS, the safety of County employees has been threatened by
persons who enter and/or remain in the HGC with no legitimate public business;
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be approved,
adopted, and transmitted to the Department of State for approval on an
emergency basis.
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
. .., -
Section 1.
(a) Definitions: As used in this section, the term:
(1) "Employee" means an employee of the Board of County
Commissioners of Monroe County, the Monroe County Land
Authority, or a constitutional officer of Monroe County;
(2) "Harvey Government Center at Historic Truman School in Key
West" (hereinafter "HGC") means any and all structures located at
1200 Truman Avenue, Key West, Florida, on the property having a
legal description of KW PT OF TR 14 B3-59 T-141 W-1'30 WW-
89 OR11 04-2368(LG).
(3) "Law enforcement officer" has the same meaning as that term does
in Section 943.10, Florida Statutes.
(b) Prohibition: Any person who does not have a legitimate business purpose at
the HGC, or any other authorization, license, or invitation to enter or remain in
the HGC and who enters or remains in the HGC after being warned to leave by
any employee and/or a law enforcement officer commits a trespass under
Section 810.08 and/or Section 810.09, Florida Statutes.
(c) Exceptions: This section does not apply to:
(1) Any person attending a public meeting, hearing, conference, or
session in the Commission Chambers at the HGC;
(2) Any employee, or any contractor or agent of the Board of County
Commissioners, the Land Authority, or a constitutional officer;
(3) Law enforcement officers.
(d) Authorization: Any employee, as that term is defined in subsection (a), or law
enforcement officer employed by the Monroe County Sheriffs Office or Key
West Police Department is hereby designated as a person authorized by the
Monroe County Board of County Commissioners, the owner of the HGC, to
personally communicate to individuals observed in violation of subsection (b)
to leave the premises.
Section 2. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated
in the Code of Ordinances of the County of Monroe, Florida, as an
addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the
Code,
Section 5. This ordinance shall become effective upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that
this ordinance has been filed with said office.
PASSED AND ADOPTED by at least a fourth-fifths majority of the Board
of County Commissioners of Monroe County, Florida at a regular meeting held
on the th day of July, A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
BY
~~
d !50R~EY~.ff1CE
DATE