Item Q6 Q6
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: Q6
2023-1640
BULK ITEM: No DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: Suzi Rubio
N/A
AGENDA ITEM WORDING: A public hearing to consider an ordinance amending section 18-27(h)
of Chapter 18, Parks and Recreation, of the Monroe County Code of Ordinances, to modify the boat
ramp and admission fees for non-Monroe County residents on weekends, holidays, and during the
annual two-day lobster mini season at Harry Harris Park.
ITEM BACKGROUND:
At the regular meeting held on September 20, 2023, BOCC approved a Request to Advertise a Public
Hearing to amend Monroe County Codes Section 18-27(h) increasing the boat ramp fees and entry fees
into Harry Harris Park for non-County residents.
The current fee structure has proven to be tedious to enforce which has caused significant back-ups in
traffic entering the park. These back-ups have impacted the residents of the neighborhood as well as
park patrons. Staff recommends the following simplified fee structure which would apply to non-
county residents only:
Non-holiday weekends
Car: $15.00
Boat Ramp fee: $40.00
Holidays (including the entirety of any contiguous weekend days) and lobster mini-season
Car: $15.00
Boat Ramp fee: $60.00
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The remaining language regarding fee waivers for military personnel, first responders, etc. shall remain
the same.
A Business Impact Estimate has been prepared in accordance with F.S. 125.66(3).
PREVIOUS RELEVANT BOCC ACTION:
At its regular April 2021 meeting, the BOCC approved to increase the boat ramp and entrance fees at
Harry Harris Park for non-residents on weekends, holidays, and the annual two-day mini lobster season.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Proposed Ordinance Amendment
Current Ordinance
Business Impact Estimate
FINANCIAL IMPACT:
Effective Date: 10/18/2023
Expiration Date:
Total Dollar Value of Contract: Revenue Producing
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing
Revenue Producing: Yes If yes, amount: Estimated increase of an additional $9,792.00 annually.
Grant: N/A
County Match: N/A
Insurance Required: N/A
5412
ORDINANCE -2023
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 18-27(h) OF THE MONROE
COUNTY CODE TO AMEND THE FEES FOR USE OF THE
BOAT RAMP AND NON-COUNTY RESIDENTS; AND
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, under F.S. 125.01(1)(f), the Board of County Commissioners (BOCC) for
Monroe County is granted the authority, among others, to provide parks, playgrounds and
recreation areas; and
WHEREAS, the BOCC finds that public parks and recreation areas provide sites where
the families and citizens of Monroe County can benefit from and engage in healthy recreational
activities; and
WHEREAS, BOCC finds that the creation of parks and recreation areas are in the best
interests of the citizens of Monroe County; and
WHEREAS, under F.S. 125.74(1)(g), the County Administrator has the authority to
supervise the care and custody of all County property; and
WHEREAS, the BOCC finds that use of the Harry Harris Park in Tavernier, Florida
("Park"), by Monroe County residents and non-residents has continually increased during recent
years; and
WHEREAS, a significant portion of the maintenance and upkeep of Harry Harris Park is
funded through property taxes; and
WHEREAS, Monroe County residents,through property taxes, have already contributed
to the funding of the Park maintenance and upkeep so it would be manifestly unfair to charge
residents an additional admission fee; and
WHEREAS, the BOCC finds that the increased admission fee will benefit both residents
and non-residents by providing increased funding for future enhancements to the Park;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT THE MONROE
COUNTY CODE IS HEREBY AMENDED AS FOLLOWS:
1
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(Proposed text changes are presented with underline to indicate additions and
st-iketh-et i nt, t indi ate del o4e* )
SECTION 1: The above recitals are true and correct and are incorporated herein
by this reference.
SECTION 2: Section 18-27(h)Admission Fees (non-Monroe County residents only)
shall be amended as follows:
(h) Admission Fees for non-Monroe County residents only.
(1) Vehicle Fees:
(a) Admission fees for Harry Harris Park will be $15.00 per vehicle.
(2) Boat Ramp Fees:
In addition to the fees in section (1) above, all vehicles with watercraft
vessel trailers are subject to the following fees:
(a) On Monroe County non-holiday weekends, the boat ramp fees
for Harry Harris Park shall be $40.00.
(b) On Monroe County holidays, which shall include the entirety
of any contiguous weekend days, and the two-day annual July
lobster mini-season, the boat ramp fees for Harry Harris Park
will be $60.00.
-
$8 00 „ f a „Its (ages l 8 64 . rs)0 per-son 0
$5 00 per- per-son for- „4t, (ages 3 17 years) and se s (tic years and
Free f ., infant, to 2 years of age
(2) Or N4ear-ee Gets ty holidays, which shall }chile the entirety
season, eesor- o
$!5.00 per-per-seti far- adtilts (ages 18 6 4 years)-,
$10.00 per-per-seti for-yet4h (ages 3 17 years) atid setiier-s (65 years atid
ever-); and
Free for- atiy itifatit up to 3year-s of age-
(37` ^r 40..0v-00 eat ramp iwaterer-aft vessels with trailers.
Park admission fees are waived for active-duty military members,
2
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disabled veterans, and their immediate family members, i.e. surviving
spouse, child, or parents, and other individuals as identified in
F.S.125.029 (with proper I.D. provided).
SECTION 3: SEVERABILITY. If any portion of this ordinance is for any reason 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 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 6: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be
filed with the Department of State and shall be effective as provided in F.S. 125.66(2).
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of 2023.
Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein
Commissioner Michele Lincoln
Commissioner James K. Scholl
Commissioner David Rice
(SEAL)
Attest: KEVIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
As Deputy Clerk Mayor Craig Cates
APPROVED AS TO FORM&LEGAL SUFFICIENCY
Monr a ounty Attorney's Office
10/02/2023
Ni thalia Mellies Archer
3 Assi taut County Attorney
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Sec. 18-27. Rules of conduct and operational procedures for certain parks.
(a) Definitions.The following words,terms and phrases,when used in this article,shall have the meanings
ascribed to them in this subsection,except where the context clearly indicates a different meaning:
I...I
Harry Harris Park means the area described as follows: Portions of Government Lot 3 and 4,Section 27,
Township 625, Range 38E, lying in open waters of Tavernier Harbor and Florida Bay.Government Lot 3,
Section 27,Township 62S, Range 38E, Key Largo, Monroe County, Florida,as per Government Township Map
made in 1873 and approved by the Surveyor-General in 1874, less the following described portion thereof,
that is above the mean high tide line: Beginning at the SE corner of such Government Lot 3 and run N on the
E line of Government Lot 3,a distance of 27 feet more or less to the mean high tide line on the shore of
Florida Bay;thence SW'ly meandering such mean high tide line,a distance of 55 feet more or less to the S
line of such Government Lot 3;thence E on the S line of such Government Lot 3;a distance of 38 feet more
or less to the point of beginning.Government Lot 4 in Section 27,Township 62S, Range 38E, Key Largo,
Monroe County, Florida,as per Government Township Map made in 1873 and approved by the Surveyor-
General in 1874, less the following described portion thereof,that is above the high tide line: Beginning at
the SW corner of Government Lot 4 and run E on the S line of such Government Lot 4,a distance of 220 feet
more or less to the shore line on the W side of Tavernier Harbor;thence NW'ly along such shore line a
distance of 400 feet more or less to the W side of such Government Lot 4,thence S 13 of 30'W along such W
side of Government Lot 4,a distance of 400 feet more or less to the point of beginning.The above two
parcels contain a net acreage of 70.98 acres, more or less.
(h) Admission fees(non-county residents only).
(1) On weekends,the admission fees for Harry Harris Park are as follows:
$8.00 per person for adults(ages 18 to 64 years);
$5.00 per person for youth (ages three to 17 years)and seniors(65 years and over);and
Free for any infant up to three years of age.
(2) On Monroe County holidays,which shall include the entirety of any accompanying weekend days,and
the two-day annual July lobster mini-season,the admission fees for Harry Harris Park are as follows:
$15.00 per person for adults(ages 18 to 64 years);
$10.00 per person for youth (ages three to 17 years)and seniors(65 years and over);and
Free for any infant up to three years of age.
(3) A$40.00 boat ramp fee for watercraft vessels with trailers.
(4) Park admission fees are waived for active duty military members,disabled veterans,and their
immediate family members,i.e.,surviving spouse,child,or parents,and other individuals as identified
in F.S. § 125.029 (with proper I.D. provided).
Created: 2023-08-29 16:16:46 [EST]
(Supp.No.26)
Page 1 of 1
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"e11UYY 'u
BUSINESS IMPACT ESTIMATE!
Meeting Date: 10/18/2023
The Proposed Ordinance ❑ does 0 does not fall under one of the following enumerated
exceptions:?
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other financial
assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders,development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or
d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
The proposed ordinance amends MCC Sec. 18-27(h) in order to increase the entry and boat
ramp fees for non-residents.Currently,the fees for non-residents are as follows:
(1) On weekends, $8.00 per person for adults (ages 18 to 64 years); $5.00 per person for
youth(ages three to 17 years) and seniors (65 years and over);and free for any infant
up to three years of age.
(2) On Monroe County holidays, which shall include the entirety of any accompanying
weekend days,and the two-day annual July lobster mini-season,the admission fees
for Harry Harris Park are as follows:$15.00 per person for adults(ages 18 to 64 years);
$10.00 per person for youth(ages three to 17 years)and seniors(65 years and over);and
free for any infant up to three years of age.
(3) A$40.00 boat ramp fee for watercraft vessels with trailers.
(4) Park admission fees are waived for active-duty military members, disabled veterans,
and their immediate family members, i.e., surviving spouse, child, or parents, and
other individuals as identified in F.S.§125.029(with proper I.D.provided).
The proposed ordinance would instead implement a $15.00 per vehicle charge in lieu of the
per person fees for weekends and holidays.Additionally,the boat ramp fees would be$40.00
for non-holiday weekends and $60.00 for Monroe County holidays (including the entirety of
any accompanying weekend days) and the two-day annual July lobster mini-season. The
exception for active-duty military members, disabled veterans, and their immediate family
members as well as those individuals identified in F.S. § 125.029 (with proper I.D. provided)
would remain.
Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
2 F.S.125.66(3)(c)(2023)
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All of the above fees pertain only to non-county residents. County residents may enter Harry
Harris Park and use the boat ramp free of charge.
The use of the Harry Harris Park in Tavernier, Florida ("Park"),by Monroe County residents
and non-residents has continually increased during recent years,creating more maintenance
and upkeep responsibilities along with necessitating future enhancements. A significant
portion of the maintenance and upkeep of Harry Harris Park is funded through property taxes
and Monroe County residents,through property taxes,have already contributed to the funding
of the Park maintenance and upkeep so it would be manifestly unfair to charge residents an
additional admission fee. Thus, the increased admission fee for non-residents will benefit
both residents and non-residents by providing increased funding for future enhancements to
the public Park. It is necessary and in the public interest to facilitate the maintenance and
improvements of the public Park.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs: Raising the fees for non-residents is not
intended to impact any businesses in Monroe County.
b. New Charges/Fees on Businesses Impacted: Neither residents nor businesses whose
principals reside in Monroe County should be affected by this ordinance.
c. Estimate of Regulatory Costs: The proposed change in the residential construction fee
presents no significant foreseeable or anticipated cost or decrease in the County's
regulatory costs. The proposed ordinance does not add any additional enforcement or
regulatory requirements for County Staff beyond that which are in the existing code or are
currently provided by the County, therefore there are no additional regulatory costs.
Because the fees are charged to all non-residents, and the fees are not intended for
businesses,it is not possible to determine if there are any increased costs to non-resident
businesses but any increase should be negligible.The proposed Ordinance would increase
the current fees as described above. It is estimated this increase will add an additional
$9,792.00 in annual revenue to help offset the costs of operations, maintenance and
improvements to the Park.
Good Faith Estimate of Number of Businesses Likely Impacted: The estimated number of
businesses likely to be impacted by the ordinance cannot be quantified at this time because
the number of businesses likely to be impacted by the proposed changes will depend on how
many businesses with non-resident principals seek to enter the Park and/or make use of the
Park Boat Ramp following the effective date of the ordinance.
Any Additional Information:The proposed ordinance is a generally applicable ordinance that
applies to all persons similarly situated (individuals as well as businesses) who are non-
residents and,therefore,the proposed ordinance does not affect only businesses.
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