Ordinance 025-2024 ORDINANCE NO. 025—2024
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE CHAPTER 21 SOLID WASTE, SECTION
21-46,DEFINITIONS, TO REDEFINE CERTAIN TERMS TO
ALIGN TO OUR SOLID WASTE AGREEMENTS;
OUTLINING SOLID WASTE SERVICES COVERED
UNDER THE SOLID WASTE AND RECYCLING
COLLECTION FRANCHISE AGREEMENTS; PROVIDING
CONTAINER AND RECEPTACLE REQUIREMENTS;
PROVIDING RULES AND REQUIREMENTS FOR
GARBAGE, RECYCLING, YARD WASTE AND BULK
WASTE PICK-UP; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPOPRATION INTO THE MONROE COUNTY CODE
OF ORDINANCES;AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,the County's Solid Waste Department& Director have been in negotiations with
the Solid Waste and Recycling Collection Franchisees; and
WHEREAS, as a result of those negotiations, the County intends to enter into an amendment
and extension of the Solid Waste and Recycling Collection Franchise Agreement which will
revise certain definitions,provide upgrades and changes to the collection services; and
WHEREAS,the upgrades and changes to services include but are not limited to providing solid
waste customers/county residents that pay the solid waste special assessment with one (1) 96-
gallon tote which will be the exclusive collection method for garbage collection, revising the
"bulk waste" definition to specify appropriate bulk pickup items and specifying the pick-up
services included in the solid waste special assessment, and changing the yard waste collection
method to be by 32-gallon cans only rather than in bundles and limiting the yard waste collection
to ten (10) 32-gallon cans per week; and
WHEREAS, the Ocean Reef Service Area Franchisee that operates collection service within
their private community prefers to opt out of utilizing a 96-gallon tote and collection limitations
for yard waste/horticultural trash and therefore those provisions under Sec. 21-74 will be exempt
from that Service Area; and
WHEREAS, in order for the uniform implementation of the changes to these collection services,
the Monroe County Code will be revised to align with the amended provisions to the Solid Waste
and Recycling Franchise Agreement; and
Page 1 of 6
WHEREAS, §125.01(1)(k) and § 403.706 Florida Statutes, authorizes the County to enact such
an ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 21-46 shall be amended to revise the term Garbage receptable, and Solid
Waste, to read as follows and to add the term Garbage cart/tote to read as follows: (Note:
Deletion of language is noted in st+i e t4-,,,,gh text and addition of language is noted in
underlined text)
Garbage Cart/Tote shall mean rigid, covered 96-gallon wheeled cart to be used for the collection
of residential _garbage _on1 .
Receptacle means any commonly available light gauge steel,plastic or
galvanized receptacle of a nonabsorbent material, closed at one end and open at the other,
furnished with a closely fitted top or lid and handle. A receptacle also includes a heavy-duty,
securely tied,plastic bag designed for use as a gage receptacle. Any receptacle made from
plastic drums with rope handles, or slots cut into the sides for handles, is not an acceptable
receptacle.Any receptacle containing waste materials shall not exceed 32 gallons in capacity or
50 pounds in weight, unless a contractor implements an automated or semi-automated collection
system requiring the use of some other standard receptacle compatible with the collector's
equipment.
Solid waste means both domestic solid waste and special solid waste, as defined as follows:
(1) Domestic solid waste means bulk waste, garbage, horticultural trash and rubbish, as
defined as follows.
a. Bulk(or Bulky) Trash/waste means any waste that requires additional
management due to its weight and shall include, but not be limited to, any non-
vegetative item that cannot be containerized or bundled, including, but not limited
to, inoperative and discarded refrigerators, ovens/ranges, clothes washer and
dryer, microwaves, TV's, and other similar domestic appliances, household
goods, furniture, area rugs (rolled and tied, with a maximum size of 8x10).
"Home Improvement items or materials, which include, but are not limited to,
cabinets, drywall, lumber, toilets, bathtubs, water heaters,paneling, doors,
windows, ac units, and other such construction-related materials, are not
considered bulk trash.
"Bulky trash or waste" does not include large items such as car bodies, camper
shells, mobile homes, trailers,Jacuzzi tubs or spas, boat hulls or boat motors or
other marine or automotive parts, exercise equipment such as treadmills,
ellipticals, or bicycles, and any other items that cannot be safely lifted and
collected by one person. In addition, bulk waste does not include any hazardous or
Page 2 of 6
special waste as well as any other item or items that in the future maybe land
banned by regulation eye!es,-and-6v2r-s1zchvrcrccrrccnzcrt�a�a.
b. Garbage means animal, fruit and vegetable waste, either along with or in
combination with other putrescible matter resulting from the handling, storage,
sale,preparation, cooking, serving,processing, slaughter, manufacture or
consumption of animal, fruit or vegetable matter, that is subject to decomposition
or decay, and any container of such material.
c. Horticultural trash/yard waste means an accumulation of lawn grass or
shrubbery cuttings, leaf clippings and dry leaf rakings,palm fronds, small tree
branches, bushes or shrubs, green leaf cuttings, or other matter usually created as
refuse in the care of lawns and yards, not exceeding six feet in length and six
inches in diameter and contained in a 32-gallon receptable. Horticultural
trash/yard waste in excess of ten (10) 32-gallon receptables per week shall be
considered excess yard waste.
d. Rubbish means refuse accumulation of paper, excelsior, rags, wooden or paper
boxes or containers, sweepings, and all other accumulations of a nature other than
garbage that are usual to housekeeping and to the operation of stores, offices and
other business places; also any bottles, cans or other containers not containing
garbage.
SECTION 2: Section 21-74 shall be amended to read as follows:
Sec. 21-74. Responsibility of property owners and businesses; Requirements for bulk and
excess yard waste pickup.
The owners and occupants of improved property and businesses that operate within the
county shall use the collection services provided by the collector for the service area where such
property is located, unless exempted by the provisions of this article. All improved property shall
be subject to the imposition of the solid waste assessment for such services as may be established
in the rate resolution.
(1) Residential collection service.
a. The owner of residential property shall pay to the county the solid waste
assessment imposed on such residential property for the benefits received by such
property for the residential collection service provided or made available.
b. The owner shall provide gage receptacles adequate to contain all domestic
solid waste generated from their residential property in accordance with the
provisions herein, except that one (1) 96-_alg lon _garbage cart/tote will be provided
to each residential property for each solid waste assessment paid. An additional
96-gallon cart/tote may be purchased directly from the Franchise in the Service
Area. Lost, stolen or damaged 96-gallon cart/tote(s) must be replaced and
purchased directly from the Franchisee in the Service Area. Except for the Ocean
Reef Service Area, the 96-gallon tote is the only permissible method of garbage
collection. Additional 96-gallon totes may be obtained from the Franchisee at a
Page 3 of 6
fee as agreed upon by the County in accordance with the County's agreement with
the Franchisee.
c. All _garbage shall be contained within the 96-gallon tote. The 96-gallon tote lid
shall be properly closed, flush with the top of the cart and with no _garbage
protruding or stacked on top of the covered 96-gallon tote. Receptacles, except
for the 96-gallon tote may not exceed 50 pounds unless the receptacles can be
mechanically dumped. It shall be unlawful for a property owner or customer to
fail to provide or obtain sufficient receptacles to contain all garbage between
collections, except for bulk waste and excess yard waste/horticultural trash that
meets the requirements as set forth in section 21-74.
d. Except for the Ocean Reef Service Area, Yard Waste/horticultural trash shall be
contained in a 32-gallon receptable. Yard Waste/horticultural trash will be
collected by the County's franchisee once per week and shall not be bundled and
shall not exceed in ten (10) 32-gallon receptable once per week. Yard
Waste/horticultural trash that exceeds ten (10) 32-gallon receptables per week
shall be considered excess yard waste/horticultural trash and can be scheduled for
pick-up by the County's franchisee at an additional fee in an amount of the cost of
collection and disposal imposed by the County's franchisee.
e. d-Any owner that either denies a collector access to his property by prohibiting the
use of a private road or that resides on a road that is inadequate for use by a
collectors vehicle, as determined by the county, shall be required to transport all
solid waste generated from his property to the nearest county-approved road for
collection in accordance with the provisions of this article, unless exempted under
this article.
(2) Requirements° or bulk(bu&) Trash/waste and excess yard waste/horticultural
trash pickup.
a. Bulk (Bulky) Trash/waste as defined in section 21-46 and excess yard waste will
be collected by the County's franchise hauler on a scheduled basis and will not
require containerization if the requirements set forth in the following subsections
are met. Customer must arrange to schedule a pick-up with the County's
franchisee. The County's franchisee will collect four(4)bulk waste pick-up of 2.5
cubic yards per fiscal year(October 1- September 30) at no additional fee. Bulk
waste pick-up in excess of four(4)pick-ups of 2.5 cubic yards per fiscal year or
any_pick-up in excess of 2.5 cubic yards will be subject to a fee for pick-up in an
amount of the cost of collection and disposal imposed by the County's franchisee.
Payment shall be made directly to the County's franchisee.
b. Excess yard waste/horticultural waste, that cannot be contained in ten (10) 32-
gallon receptable for regular yard waste pick up once per week, may be set out on
the right-of-way for scheduled pickup with the County's franchisee. The property
owner or customer shall make arrangements directly with the County's franchisee
for excess yard waste pickup. Any yard waste that can fit in a 32-gallon receptacle
must be containerized, must not exceed 50 pounds, and must not exceed 12 inches
above the rim of the receptacle. Excess yard waste pickup is subject to a fee in the
Page 4 of 6
amount of the cost of collection and disposal imposed by the County's franchisee.
Payment shall be made directly to the County's franchisee.
c. Nothing in this section shall be construed to prohibit nonfranchised licensed
haulers from hauling excess yard waste or C & D.
(2) Commercial and governmental collection service.
a. The owners and occupants of commercial property, businesses that operate within
the county and governmental property that generates solid waste regardless of use,
within the county shall enter into an agreement with a collector for the service
area where such commercial property or business is located to provide
commercial and governmental collection service. A business that has obtained a
home occupation special use permit pursuant to section 134-2 of the Monroe
County Code shall be exempt from the requirement of this subparagraph.
b. The board shall adopt the commercial and governmental rates charged the owner
and occupants of commercial and governmental property at a public hearing to be
. Notice of the public hearing on
commercial and governmental rates, stating the place and time of the hearing and
the proposed percentage adjustment to the commercial rates with the proposed
rates or a hyperlink to the proposed rates, shall be published at least 20 days in
advance of the hearing in quarter-page advertisement in a newspaper of general
circulation in the county in a section of the paper not reserved for classified
advertising. In the event the board decides to use F.S. § 197.3632(6), and no
public hearing is held on solid waste non-ad valorem assessments, the board shall
still hold a public hearing to adopt the commercial and governmental collection
rates on or before September 30 of each year, noticed according to the preceding
method. Nothing in this section shall preclude the board from also imposing a
solid waste non-ad valorem assessment against commercial property.
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.
Page 5 of 6
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.
PAS
SED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at:a regular meeting of said Board held on the 21 st day of August, 2024.
Merrill R h in District. 5
Mayor Holly asc e , Yes
Mayor Pro Tem James K. Scholl, District 3 Yes
Craig Cates, District 1 Absent
Michelle Lincoln,District 2 Yes
David Rice, District 4 :. Yes
I h,
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BOARD OF COUNTY COMMISSIONERS
U
,sCtgii ;-- ‘ :: OF:MONROE COUNTY, FLORIDA
f7.4 ,,�:,.,�t. w1V1N MADOK, CLERK
or
-,j
,:f? - . W ---
.y'Th.c's4,-,,,,E4,41 -‘-\;$.11. .A. A i „a...0.
za,„z . ,-,,,,, —AT By;
G� -::A't wr .0 Cle Mayor Holly Merrill Raschein
v;: R
MONROE COUNTY ATTORNEY
/ 1PPRpV..D AS TO FO I:
CHRISTINE LIMBERT-BARROWS.
ASSISTANT
DATE.._:-.8/8124
An
cc-,
YAy
Page 6of6 .
KeySNews.com
ZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO SOLID WASTE
1100 SIMONTON ST ROOM 2-231
KEY WEST FL 33040
Account: 420450 Ticket: 3931981
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE Dated at Key West, Florida,this 22nd
COUNTY OF MONROE day of June,2024.
NOTICE IS HEREBY GIVEN TO WHOM IT (SEAL)KEVIN MADOK,Clerk of the Cir-
MAY CONCERN that on July 17,2024,at cuit Court and
Before the undersigned authority personally appeared 9:00 A.M.or as soon thereafter as the Ex Officio Clerk of the Board of Coun-
matter may be heard,at the Marathon ty Commissioners of Monroe County,
Government Center, 2798 Overseas Florida
Highway,Marathon,Florida,the Board 06/22/24-KWC
Amber Douglas who on oath says that he or she is of County Commissioners of Monroe 420450 3931981
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 MONROE
per published in Key West,in Monroe County, Florida;that the attached copy of COUNTY BOARD OF COUNTY COMMIS-
OUN-
advertisment,beinga legal notice in the matter of NOI Solid Waste Agreements STONERS AMENDING 1 SOLID WASTE,
g g TY CODE CHAPTER 21 SOLID WASTE,
was published In said newspaper In the Issues Of: SECTION 21-46, DEFINITIONS, TO RE-
DEFINE CERTAIN TERMS TO ALIGN TO
OUR SOLID WASTE AGREEMENTS;
Saturday,June 22,2024 OUTLINING SOLID WASTE SERVICES
COVERED UNDER THE SOLID WASTE
AND RECYCLING CONTAINER AND RE-
Affiant further says that the Key West Citizen is a newspaper published in Key CEPTACLE REQUIREMENTS;PROVIDING
West, in said Monroe County, Florida and that the said newspapers has hereto- RULES AND REQUIREMENTS FOR GAR-
BAGE,RECYCLING,YARD WASTE AND
fore been continuously p Y Y BULK WASTE PICK-UP;PROVIDING FOR
Saturday weekly,and has been entered as periodicals matter at the post office in SEVERABILITY,PROVIDING FOR REPEAL
KeyWest, in said Monroe County, Florida,fora period of 1 year next recedin of ALL ORDINANCES INCONSISTENT
y p y p g HEREWITH;PROVIDING FOR INCORPO-
the first publication of the attached copy of advertisement;and affiant further says RATION INTO THE MONROE COUNTY
that he or she has neither paid nor promised any person,firm or corporation any CODE OF ORDINANCES;AND PROVID-
ING FOR AN EFFECTIVE DATE.
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper. The proposed ordinance may be in-
spected by the public at the Monroe
County website by viewing the agen-
da packet for the July 17,2024,meet-
ing,which will be posted beginning on
July 11,2024 at: http:Hmonroecounty-
fl.iqm2.com/citizens/default.aspx. The
o
d ordinaninancee may also be viewed
at the
Monroe County Attorney's office at
�^ 1111 12 th St. Ste. 408 Key West, FL
33040.
(Signature ofAffiant)
The public can participate in the July
Affirmed and subscribed before me this 24th dayof June 2024 Co ty meeting of the Board of
County Commissioners of Monroe
County, FL by attending in person or
via Zoom.The Zoom link can be found
„ ( in the agenda at http:Hmonroecounty
fl.igm2.com/citizens/default.aspx.
(Notary Public Signature) ADA ASSISTANCE: If you are a person
with a disability who needs special
accommodations in order to partici-
Jill Kelli Di Benedetto pate in this proceeding,please contact
(Notary Public Printed Name) the County Administrator's Office, by
phoning(305)292.4441, between the
hours of 8:30a.m.-5:00p.m., prior to
My commission expires 8/19/2027 the scheduled meeting;if you are hear-
ing or voice-impaired,call "711". Live
Closed-Captioning is available via our
Personally Known X Produced Identification_ web portal @ http://monroecounty-
Type of Identification Produced (Notary Seal) fl.igm2.com/Citizens/Default.aspx for
meetings of the Monroe County Board
Notary Public State of Florida of County Commissioners.
Ak
mmo
Jill KeIIi Di Benedetto
11N My Commission HH 390294
ExpirBS 811912027
PAGE BI2 SATURDAY,JUNE 22,2024 Keys Citizen keysnews.com
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CASUAL OPEN-AIR DINING
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House Martinis
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GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
August 27, 2024
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. 025-2024 of the Board of County Commissioners of
Monroe County, Florida, amending Monroe County Code Chapter 21 Solid Waste, Section
21-46, Definitions, to redefine certain terms to align to our solid waste agreements; outlining
solid waste services covered under the solid waste and recycling collection franchise agreements;
providing container and receptacle requirements; providing rules and requirements for garbage,
recycling, yard waste and bulk waste pick-up; 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on August 21, 2024. 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 Yongue, Deputy Clerk
cc: County Administrator
County 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
Liz Yongue
From: County Ordinances <County0rdinances@dos.myflorida.com>
Sent: Tuesday, August 27, 2024 4:20 PM
To: Liz Yongue; County Ordinances
Cc: Sullivan-Cheryl ; Marks-Mary; BOCCFinance; Abra Campo; Amanda Leggett; Corie
Abel;Jennifer Garcia; Lindsey Ballard; Maureen Proffitt; municodeords@civicplus.com;
Sue Burke; Tamara Lamarche (boccdis4@monroecounty-fl.gov)
Subject: RE: Monroe County; 08/21/2024 BOCC Meeting - Solid Waste Item P1; Ordinance
025-2024
Attachments: Mon roe20240827_Ordinance025_2024_Ack.pdf
Good afternoon,
Please find the attached acknowledgment letter for Monroe County Ordinance No. 025-2024.
Best,
County Ordinances
Florida Administrative Code and Register
Room 701 The Capitol I Tallahassee, Florida
From: Liz Yongue<eyongue@monroe-clerk.com>
Sent:Tuesday,August 27, 2024 3:46 PM
To: County Ordinances<County0rdinances@dos.myflorida.com>
Cc: Sullivan-Cheryl <Sullivan-Cheryl@MonroeCounty-FL.Gov>; Marks-Mary<Marks-Mary@ Mon roeCounty-FL.Gov>;
BOCCFinance<BOCCFinance@monroeclerkFL.onmicrosoft.com>;Abra Campo<Campo-Abra@monroecounty-fl.gov>;
Amanda Leggett<leggett-amanda@monroecounty-fl.gov>; Corie Abel <abel-corie@monroecounty-fl.gov>;Jennifer
Garcia <garcia-jennifer@monroecounty-fl.gov>; Lindsey Ballard <Ballard-Lindsey@monroecounty-fl.gov>; Liz Yongue
<eyongue@monroe-clerk.com>; Maureen Proffitt<proffitt-maureen@monroecounty-fl.gov>;
municodeords@civicplus.com; Sue Burke<burke-sue@monroecounty-fl.gov>;Tamara Lamarche
(boccdis4@monroecounty-fl.gov) <boccdis4@monroecounty-fl.gov>
Subject: Monroe County; 08/21/2024 BOCC Meeting-Solid Waste Item P1; Ordinance 025-2024
EMAIL RECEIVED FROM
The attachments/links in this message have been scanned by Proofpoint.
Sender Full Name: Liz Yongue
Sender Phone Number: 305 292-3550
County Name: Monroe
Ordinance Number: 2024 025
i
"eS� .� Liz Yongue
"" ' Executive Assistant to the Clerk
� k
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller
500 Whitehead Street, Key West, Florida, 33040
Phone: 305-292-3550
www.monroe-clerk.com
PLEASE NOTE: The information contained in this message and any accompanying attachments may contain privileged,
private, and/or confidential information protected by state and federal law. If you have received this information in
error, please notify the sender immediately and destroy the information.
Florida has a very broad public records law. Most written communications with any public agency in the course of its
official business are public record, and available to the public and media upon request. Your e-mail communication with
this office may be subject to public disclosure.
2
�m
ri ,
f' w� Z
FLORIDA DEPARTMENT" l ...STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
August 27, 2024
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
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. 025-2024, which was filed in this office on August 27,
2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270