Item C11 C11
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
August 21, 2024
Agenda Item Number: C 11
2023-2760
BULK ITEM: No DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: Erika Nodal
N/A
AGENDA ITEM WORDING:
Approval to advertise a Public Hearing to consider adoption of an ordinance to amend Section 18-26 of
the Monroe County Code of Ordinances to modify the hours for the restroom facilities at Higgs Beach
County Park. The current hours are from 11:00 p.m. to 7:00 a.m., and the proposed new hours are
sunset to 7:00 a.m., with the exception of County approved events.
ITEM BACKGROUND:
Staff requests approval to advertise a Public Hearing to consider adoption of an ordinance to amend
Section 18-26 of the Monroe County Code of Ordinances to modify the hours for the restroom facilities
at Higgs Beach County Park. The current ordinance states that restroom facilities at Higgs Beach
County Park shall be closed from 11:00 p.m. to 7:00 a.m. County staff recommends modifying the
Higgs Beach County Park restroom hours to align with the Department of Parks and Beaches' operating
hours and to ensure proper security. If amended, the Higgs Beach restroom facilities shall be closed
from sunset to 7:00 a.m., and no person shall enter or use such facility for any purpose during those
hours with the exception of County approved events.
PREVIOUS RELEVANT BOCC ACTION:
None
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve
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DOCUMENTATION:
Business Impact Estimate-Higgs Beach Restroom Hours
Proposed Ordinance Amendment Higgs Beach See 18-26
FINANCIAL IMPACT:
A Business Impact Statement has been submitted.
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Cost to advertise Current Year Portion:
Budgeted: N/A
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Insurance is not required to advertise.
Additional Details:
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"e11UYY 'u
BUSINESS IMPACT ESTIMATE!
Meeting Date: August 21,2024
Proposed Ordinance Title/Reference: The purpose of this ordinance is to amend the hours of
operation for the Higgs Beach County Park restrooms.
The Proposed Ordinance ❑ does ® 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 section 18-26 of the Monroe County Code of Ordinances
(MCC),entitled"Higgs Beach County Park"to amend Higgs Beach restroom hours from closing
at 11:00 p.m.to closing at sunset with the exception of County approved events.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:This ordinance is not intended to impact any
businesses in Monroe County.
b. New Charges/Fees on Businesses Impacted:There are no new charges or fees included in
this ordinance.
c. Estimate of Regulatory Costs:This ordinance is not intended to impact any businesses in
Monroe County.
Good Faith Estimate of Number of Businesses Likely Impacted:Monroe County staff estimates
that businesses are not likely to be impacted by this ordinance.
Any Additional Information:N/A
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)
390
ORDINANCE NO.
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AMENDING SECTION 18-26 OF THE
MONROE COUNTY CODE OF ORDINANCES,
ENTITLED "HIGGS BEACH COUNTY PARK" TO
AMEND HIGGS BEACH RESTROOM HOURS
FROM CLOSING AT 11:00 PM TO CLOSING AT
SUNSET WITH THE EXCEPTION OF COUNTY
APPROVED EVENTS; 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, the Monroe County Board of County Commissioners (BOCC) finds
that it is necessary to amend section 18-26 of the Monroe County Code of Ordinances,
entitled "Higgs Beach County Park"; 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, 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 County intends to amend the Higgs Beach County Park restroom
hours to align with the operating hours; and
WHEREAS, based on the needs of the community, the County desires to clarify
restroom facilities at Higgs Beach County Park shall be closed from sunset to 7:00 a.m.,
and no person shall enter or use such facility for any purpose during those hours with
the exception of County approved events; and
WHEREAS, an amendment to section 18-26 of the Code of Ordinances will
promote the health, safety and welfare of the citizens and visitors of Monroe County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT THE MONROE
COUNTY CODE OF ORDINANCES IS HEREBY AMENDED AS FOLLOWS:
SECTION 1: The above stated recitals to this Ordinance are hereby incorporated
into this Ordinance by the BOCC as the legislative intent pertaining to this Ordinance.
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SECTION 2: Section 18-26 of the Monroe County Code of Ordinances, entitled
"Higgs Beach County Park" shall be amended as follows:
Sec. 18-26. -Higgs Beach County Park.
(c) Restrooms to be closed during certain hours. Restroom facilities at Higgs Beach
County Park shall be closed from 11 i9A.r. from sunset to 7:00 a.m. and no person shall
enter or use such facility for any purpose during those hours with the exception of County
approved events.
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 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 day of
2024.
Mayor Holly Merrill Raschein
Mayor Pro Tem James K. Scholl
Commissioner Craig Cates
Commissioner Michelle Coldiron
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairperson
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