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Ordinance 029-2003 ORDINANCE NO.029 -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 OR 11 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 Sheriff's 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 15 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 yes yes yes yeR yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~)J~ >n ~ By Mayor/Chairperson BY ~. AIlE Yy~ "} !,~OR~EY~fICE DATE CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAJ<(305) 289-1745 MONROE COUNfY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAJ< (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAJ< (305) 852-7146 July 22, 2003 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Via Certified Mail 7002 2030 0001 2668 8122 Dear Mrs, Cloud, Enclosed please find a certified copy of Ordinance No. 029-2003 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 effective date, This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on July 15, 2003. Please file for record. Should you have any questions please feel free to contact me at (305) 292-3550, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the BoardO~ by: (-.J Pamela G. Hancock, D,C. Ordinance No. 029-2003 July 22, 2003 cc: Municipal Code Via Certified Mail 7002 2030 0001 2668 8115 County Administrator w/o document County Attorney Public Works MCSO KWPD BOCC File SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature P '4 if Restricted Delivery is desired. X __ El Agent your name and address on the reverse CRACIE "' 1, k ❑Addressee so that we can returni the card to you. B. : .ARV ;`�; of Delivery s Attach this card to the back of the mailpiece, �� • 2003 or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No )artment of State eau of Administrative Code I Collins Building West Gaines Street, Suite L43 3. Syvice Type E Certified Mail ❑ Express Mail :ahassee. Florida 32399-0250 ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. °Zs?• �°0.� 4. Restricted Delivery?(Extra Fee) CIYes 111411:001444, z. Article Number 7002 2030 0001 2668 8122__ (Transfer from service label) II PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 U•S Postal Service,. ru CERTIFIED MAILTM RECEIPT. rr-q (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® I F F C L '_ SE ru Postage 111111M ey EST F � � Certified Fee , `_ ��p Return Reciept Fee P stma r k O (Endorsement Required) N2 j Restricted Delivery Fee m (Endorsement Required) / 'l0/ 4/SPS ru laMfieau of Admitiibtidtivrr Cues in The Collins Bujj"dins_ " e` �St Gaines Street, Suite L43 $ft t is Vie;"Florida"- —3-9—g-11250 d - PS Form 3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature • -I 4 if Restricted Delivery is desired. •i/ Ali gent ■'�,t your name and address on the reverse I I� `� ❑Addressee so that we can return the card to you. : eived b, (Prih - ame) -C. Date of Deliv-• , ■ Attach this card to the back of the mailpiece, 2J or on the front if space permits. "l -- 11`• / AV-SS) D. Is delivery a..ress different from item 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ElNo evkAi wi J CT/�e ' 4, •Municipal Code Corporation P. O. Box 2235 Tallahassee, FL 32316-2235 3. SSvice Type LJ Certified Mail ❑ Express Mail • 1 ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. I - .. a 2,1,j.t,oS 4. Restricted Delivery?(Extra Fee) ❑Yes 2;Article Number .7002 . 2030 .ppp_1 2668 8115:_ (TransfeY from,seivice label): • • - • 1 PS Form 381•1 • • - --- - - - 102595-02-M-1540 U.S,. Postal ServiceTM CERTIFIED MAILTM RECEIPT• ,.. (Domestic Mail Only;No Insurance Coverage Provided) co For delivery information visit our website at www.usps.como -D F F 19 II A L is R1 Postage r-�ram, �y < �� Certified Fee 3 z. CI '�,°p/ Return Reclept Fee RUM�lJ -ak a o3 J D• (Endorsement Required) a O Restricted Delivery Fee _____ _ m (Endorsement Required) MI \`LISPS RI -*IMI — — — Total Postage&Fees M ti OSent To Eve,/ibt JeFfcr.-soe-, r- Street,Apt.No.;lUfuiiicipa1 COde-G©i:pOfatton • or PO Box No. P -Q..Bs tx.2,235 • City,State,ZIP+4 Tallahassee, FL 32316-2235 PS Form 3800,June 2002 See Reverse for Instructions Email Confirmation Muniei t C' .,~'u,._._< n. Municipal Code Corporation info@mgjl.munLc::p_dj';.c_QrD P.O, Box 2235 Tallahassee, FL 32316-2235 Monroe County,FL Code of Ordinances - 1979(11270) Supplement 81 Recorded: 7/14/20031:27:33 PM We have received the following material through Hard Copy. This is our new acknowledgement format. You will no longer be receiving post cards for ordinances received. If you have any questions please contact us at the phone number or email address listed below. Thank you for your assistance and cooperation. DoclIment Adoption Description Ordinance 6/18/2003 Amending sec. 6-90 powers and duties No. 023-2003 Ordinance 6/18/2003 Amending sec. 6-59(III) and 6-62 regarding the testing agency No. 024-2003 Ordinance 6/18/2003 Amending Art. II, Sec. 5.5-17, Boats, Docks and Waterways. No, 020-2003 Ordinance 7/15/2003 Amending Code by prohibiting persons form willfully entering upon or No, 029-2003 remaining upon the premises of the Harvey Government Center at the Historic Truman School in Key West while conducting no legitimate public business. Tired of receiving your acknowledgements by mail? Send us your email address at il1fo@l'11an.llluni~9de.cgm. Get our 50th anniversary cookbook at yt'w"",-ITl~I'1j<:ode&()m You can submit your ordinances via email to()l.cL~~lTlgil.munj~od~.<:om. Should you have questions please contact us. Are you tired of mailing out codes and supplements? Tired of printing additional copies of codes? Let Municipal Code handle the distribution and sales. Contact the distribution department at: dist@mail.muJ1l<:9de.com Contact !nformatlon Ph 800-262-2633 Fax 850-575-8852 Emall mfo@mall.murncede cem Page 2 of3 .--.> "'T1 = :r. c::> - C> w.J r :z: c..... rT'\ :;0 -.' c:: CJ (};' Or"'--' I "'T1 ~~ W C')' - 0 O(}' 0 ::0 ~?'~i J:lI" :::0 -I r- ::lC rn -<(}:;l: - ;-l :P- o CJ -r'1 C> 0 r fY1 0 ?J :J> -.l CJ http://intranet.municode.com/BIS/Recording/ acknowledgePrint. asp ?jobid= 124 54&print=tr... 7/25/2003 STATE OF FLORIDA DEPARTMENT OF STATE JEB BUSH Governor GLENDA E. HOOD Secretary of State July 29, 2003 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated July 22, 2003 and certified copy of Monroe County Ordinance No. 029-2003, which was filed in this office on July 24, 2003. Sincerely, ~k ~cul~ Sarah Jane Bradshaw Assistant Director SJB/mp I"-..) z ,= '1 0 <=:I Z ~ r ~c:'c, '- rr1 c:: 0 -,),,'c r rrt:;......~ (J' r ~ W '1 OC) C) ~ :ii ::: :::0 -i' '-_ :x>> :::0 r- :< ~:r.: :x rr1 'J:> (") ..." c-, 0 r- /T1 )> 0 ::0 N 0 BUREAU OF ADMINISTRATIVE CODE . DIVISION OF ELECTIONS The Collins Building, Room L43 . 107 W. Gaines Street . Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 . Facsimile: (850) 245-6282 . WWW: http://www.dos.state.fl.us E-Mail: DivElections@mail.dos.state.fl.us