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HomeMy WebLinkAboutItem R4 R4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: R4 2023-3974 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Christine Limbert Public Hearing AGENDA ITEM WORDING: Public Hearing to consider adoption of an Ordinance of the Monroe County Board of County Commissioners amending Section 2-429 of the Monroe County Code; clarifying that voting conflicts do not apply to government official(s) sitting on advisory boards when presented with matters regarding their own governmental agency/agencies. ITEM BACKGROUND: In 2009 the Board of County Commissioners (BOCC) created Section 2-429 Voting conflicts; members of advisory and quasi-judicial boards of the Monroe County Code ("Code") when it approved Ordinance No. 014-2009, which imposed more stringent voting conflicts than F.S. 112.3143 by creating a voting conflict for members of advisory board who are also members of outside organizations (including both non-profit and for-profit companies). The BOCC adopted Ordinance No. 028-2018 which revised Sec. 2-429 to exclude advisory board members who that sit on an advisory board due to his or her ex officio status as a government official from the voting conflict provisions for projects that benefit that government official's agency. We currently have a City of Marathon elected government official that sits on the Tourist Development Council (TDC), but she sits on the TDC as a tourist related representative, not due to her ex officio status as a government official. The provisions of Sec. 2-429 as currently written would require that she abstain from voting on matters with the City of Marathon, which routinely occurs for capital grant agreements and amendments. The language, as revised in 2018, does not permit this scenario and revised language is suggested to clarify and address this situation. Other members, like the Mayor of Key West and the County Mayor are covered under the language as revised in 2018 since they sit on the TDC due to their government position as elected officials. The current County ordinance is more restrictive that the state voting conflicts statute, F.S. 112.3143(3)(a), which contains an exception allowing for government officials who serve on a board to vote on items that benefit their government agency. It is the intent, and this ordinance further clarifies that government officials should not have a voting 4870 conflict even if they sit on an advisory board unrelated to their government official status when a matter regarding their own governmental agency is presented. In order to clarify the intent of the ordinance, the language in the Code is being revised as follows: (the revisions are noted as underlined text for added text and strike-through text for deleted text) Section 2-429 shall be amended to read as follows: (a) No members of any board performing quasi-judicial functions and/or members of an advisory board, except when the advisory board member +�is a government official who is voting on a matter regarding their own governmental agency, shall vote on any matter presented to an advisory board or quasi-judicial board on which the person sits if the board member will be directly affected by the action of the board on which the member serves or the board member has any of the following relationships with any of the persons or entities appearing before the board: (i) officer, director,partner, of counsel, consultant, employee, fiduciary or beneficiary; or(ii) stockholder, bondholder, debtor or creditor. (b) Any such contract, agreement or business engagement entered in violation of this section shall render the transaction voidable at the election of the Monroe County Board of County Commissioners. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved Ordinance No. 014-2009 on May 20, 2009. The BOCC approved Ordinance No. 028-2018 on December 19, 2018. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Ordinance 014-2009.pdf Ordinance revising 2-429 voting conflicts 2025.pdf Ordinance 028-2018.pdf NOI Voting Conflict-Govt Officials-Adv. Bds.pdf F'S 112.3143 Voting Conflicts Statute.pdf Business—Impact_Bstimate_2-429.docx FINANCIAL IMPACT: N/A 4871 ORDINANCE NO. 014-2009 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CREATING SECTION 2-429 OF THE MONROE COUNTY CODE, A CODE OF ETHICS FOR MEMBERS OF ADVISORY AND QUASI-JUDICIAL BOARDS; 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. WHEREAS, it is the desire of the Monroe County Board of County Commissioners to ensure that all members of advisory boards who are also members of outside organizations (including both non-profit and for-profit companies) do not vote on items in which the members, or their outside organizations, may gain a financial benefit, either direct or indirect; and WHEREAS, Section 112.326, F.S., allows local governments to enact ordinances more stringent than all parts of the Florida Ethics Code, including Section 112.3143, F.S., covering voting conflicts; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA AS FOLLOWS: Section 1. A new section 2-249 of the Monroe County Code is added to read as follows: Voting Conflicts: Members of Advisory and Quasi-Judicial Boards. (a) No members of any board performing quasi-judicial functions and/or members of an advisory board shall vote on any matter presented to an advisory board or quasi-judicial board on which the person sits if the board member will be directly affected by the action of the board on which the member serves or the board member has any of the following relationships with any of the persons or entities appearing before the board: (i) officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor or creditor. Page 1 of 2 Creating Sec 2-429 MCC 5/28/09 CLEAN COPY W/EDITS BOCC 5/20/09 KMP 4872 (b) Any such contract, agreement or business engagement entered in violation of this section shall render the transaction voidable at the election of the Monroe County Board of County Commissioners. Section 2. If any section, subsection, sentence, clause 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 additions or amendments thereto. Section 5. This ordinance shall take effect immediately 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 the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 20t'day of May, 2009. " -n T rn Mayor George Neugent No =' -,i Mayor Pro Sylvia J. Murphy Yes iv o Commissioner Kim Wigington Yes Commissioner Heather Carruthers Yes ran� Commissioner Mario Di Gennaro Yes ` c� M Q �- �. - ' BOARD OF COUNTY COMMISSIONERS OLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: lol l By: Deputy Clerk Mayor George Neugent MONROE COUNTY ATTORNEY PROVEp AyS 1fJ FARM: CYNTHIA�L{-I-IHAALIL' ASSIS AN COUNTY ATTORNEY Date �- 1' ;Vol Page 2 of 2 Creating See 2-429 MCC 5/28/09 CLEAN COPY W/EDFrS BOCC 5/20/09 KMP 4873 ORDINANCE -2025 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 2-429 OF THE MONROE COUNTY CODE; CLARIFYING THAT VOTING CONFLICTS DO NOT APPLY TO GOVERNMENT OFFICIAL SITTING ON ADVISORY BOARDS WHEN PRESENTED WITH MATTERS REGARDING THEIR OWN GOVERNMENTAL AGENCY; 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, in 2009 the Board of County Commissioners (BOCC) created Section 2- 429 Voting conflicts; members of advisory and quasi-judicial boards of the Monroe County Code ("Code") when it approved Ordinance No. 014-2009, which imposed more stringent voting conflicts than F.S. 112.3143 by creating a voting conflict for members of advisory board who are also members of outside organizations (including both non-profit and for-profit companies); and WHEREAS, the BOCC adopted Ordinance No. 028-2018 which revised Sec. 2-429 to exclude advisory board members that sit on an advisory board due to his or her ex officio status as a government official from the voting conflict provisions; and WHEREAS, it is the intent, and this ordinance further clarifies that government officials should not have a voting conflict even if they sit on an advisory board unrelated to their government official status when a matter regarding their own governmental agency is presented; and WHEREAS, in order to clarify the intent of the ordinance, the language in the Code is being revised as set forth herein; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: (the revisions are noted as underlined text for added text and st+i e t4-etigh te* for deleted text) SECTION 1: Section 2-429 shall be amended to read as follows: (a) No members of any board performing quasi-judicial functions and/or members of an advisory board, except when the advisory board member dtie t his eF heF ax ffieio status as is a government official who is voting on a matter regarding their own governmental agency, shall vote on any matter presented to an advisory board or quasi-judicial board on which the person sits if the board member will be directly affected by the action of the board on which the member serves or the board member has any of the following relationships with any of the persons or 1 4874 entities appearing before the board: (i) officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor or creditor. (b) Any such contract, agreement or business engagement entered in violation of this section shall render the transaction voidable at the election of the Monroe County Board of County Commissioners. SECTION 2: 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 3: 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 4: 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 5: 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 21" day of May 2025. Mayor James K. Scholl, District 3 Mayor Pro Tem Michelle Lincoln, District 2 Commissioner Craig Cates, District 1 Commissioner David Rice, District 4 Commissioner Holly Merrill Rachein, District 5 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson MONROE COUNTY ATTORNEY APPROVED AS TO FORM CHRISTINE LIMBERT-BARROWS $R.ASS V ASSISTANT DATE: rATTORNEY D 2 4875 GVS COURTg c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN December 26, 2018 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 028-2018 amending Section 2-429 of the Monroe County Code; clarifying that voting conflicts do not apply to ex-of icio members of advisory boards; 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 December 19, 2018. 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: Pamela G. Hancock, D.C. cc: County Administrator County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florid? limn 305-294-4641 305-289-6027 305-852-7145 305-852-7145 4876 ORDINANCE NO. 028 - 2018 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 2-429 OF THE MONROE COUNTY CODE; CLARIFYING THAT VOTING CONFLICTS DO NOT APPLY TO EX- OFFICIO MEMBERS OF ADVISORY BOARDS; PROVIDING FOR REPEAL OF ALL ORDINANCES TAT/-I 111kTQ TO TT ATT TTTT177TiTTTTT_ 1M"d-%TTTT\T1kT1' TI_tTI lllV."iN0101JPl1ll JIIJP�Xuud VV11Jai 11JN"V11J1114lT 1'"'M INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2009 the Board of County Commissioners created Section 2-429 Voting conflicts; members of advisory and quasi-judicial boards of the Monroe County Code ("Code") when it approved Ordinance No. 014-2009, which imposed more stringent voting conflicts than F.S. 112.3143 by creating a voting conflict for members of advisory board who are also members of outside organizations (including both non-profit and for-profit companies); and WHEREAS, when an advisory board member sits on an advisory board due to their ex officio status as a government official, e.g., Mayor of Monroe County or Designee, it is not the intent of the ordinance to impose a voting conflict in such scenarios; and WHEREAS, when elected government officials sit on advisory boards unrelated to their government position, i.e. as a citizen or member of the public which is unrelated to their elected position, a voting conflict would exist under the circumstances as set forth in Sec. 2-349 of the Code; and WHEREAS, in order to clarify the intent of the ordinance, the language in the Code is being revised as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Section 2-429 shall be amended to read as follows: (a) No members of any board performing quasi-judicial functions and/or members of an advisory board, except when the advisory board member sits on the advisory board due to his or her ex officio status as a government official, shall vote on any matter presented to an advisory board or quasi-judicial board on which the person sits if the board member will be directly affected by the action of the board on which the member serves or the board member has any of the following relationships with any of the persons or entities appearing before the board: (i) officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor or creditor. Page 1 of 2 4877 (b) Any such contract, agreement or business engagement entered in violation of this section shall render the transaction voidable at the election of the Monroe County Board of County Commissioners. SECTION 2: 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 3: 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 4: 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 5: 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 Mnroe Cc�Ity„, Florida, at a regular meeting of said Board held on the 19th day of December, 201 c- o T-- v r-- r�. M :D r-. ci Mayor Sylvia Murphy Yes '+ a% CD Mayor Pro Tem Danny Kolhage cD ra Yes � Commissioner Michelle Coldiron Yes = '" ` ' commissioner Heather Carruthers Yes ': - / 4mmissioner David Rice Yes o 4 u ` (SEAL), "r=j;• BOARD OF COUNTY COMMISSIONERS f °At&&t�'EVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA By� By Deputy Clerk Ma or Sylvia Murphy MONROE COUNTY ATTORNEY ahjAP A5 0 F RM: CFMSTINE LIMBERT-BARROWS ASSISTANT COU7 ATT RNEY DATE: Page 2 of 2 4878 KEYVWEST i - The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P.-(305)292-7777 ext.219 F.(305)295-8025 legals@keysnews.com MONROE CO ADMIN/BOCC RECEIVED THE HISTORIC GATO BUILDING DEC 0 5 2018 1100 SIMONTON ST SUITE 2-205 KEY WEST FL 33040 MONROE COUNTY ATTORNEY Account: 143331 Ticket: 266085 Publie Notica PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on December Before the undersi d authorit personally appeared IT MAY CONCERN that on December 19,2018 at 3:00 P.M.,or as soon there- 9 y P Y PP 19,2018 at 3:00 P.M.,or as soon there- after as may be heard, in the Com- ` after as may be heard, in the Com- mission Chambers, Murray E. Nelson mission Chambers, Murray E. Nelson Government Center, 102050 Overseas who on oath says that he or she is Government Center, 102050 Overseas Highway, Monroe County, Florida, Highway, Monroe County, Florida, the Board of County Commissioners the Board of County Commissioners of Monroe County,Florida, intends to Of the KeyWest Citizen, a dailyof Monroe County,Florida, intends to consider the adoption of the following consider the adoption of the following County ordinance: newspaper publish d in Keykest,in Monroe County, Florida;that the attached County ordinance: AN ORDINANCE .OF THE MONROE copy of advertisment, being a legal notice in the matter of AMENDING SECTION AN ORDINANCE OF THE MONROE COUNTYBOARDOFCOUNTYCOMMIS- COUNTY BOARD OF COUNTY COMMIS- SIONERS AMENDING SECTION 2-429 OF 2-429 was published In said newspaper In the ISSUES Of: SIONERS AMENDING SECTION 2-429OF THE MONROE COUNTY CODE; CLAR- / THE MONROE COUNTY CODE; CLAR- IFYING THAT VOTING CONFLICTS'DO Wednesday, 28, 2018 ✓ IFYING THAT VOTING CONFLICTS DO NOT APPLY TO EX-OFFICIO MEMBERS Y NOT APPLY TO EX-OFFICIO MEMBERS OF ADVISORY BOARDS; PROVIDING OF ADVISORY BOARDS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN- FOR REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PROVIDING CONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MON- Affiant further says that the Key West Citizen is a newspaper published in Key FOR INCORPORATION INTO THE MON- ROE COUNTY CODE ORDINANCES; West, in said Monroe County, Florida and that the said newspapers has hereto- ROE COUNTY CODE OF ORDINANCES; DATE-?ROVIDING FORR AN EFFECTIVE fore been continuously published in said Monroe County, Florida every day, and AND PROVIDING FOR AN EFFECTIVE has been entered as periodicals matter at the post office in Key West, in said DATE. Pursuant Section z6 if Florida Pursuant to Section 286.0105, Florida Statutes,noo tice is given t th t hat a person Monroe County, Florida, for a period of 1 year next preceding the first publication decides to appeal any decision made by of the attached co of advertisement; and affiant further says that he or she has statutes,notice is given that if a person the Board with respect to any matter copy Y decides to appeal any decision made by considered at such hearings or meet- neither paid nor promised any person,firm or corporation any discount, rebate, the Board with respect to any matter ings,he will need a record of the pro- commission or refund for the purpose of securing this advertisement for publics- considered at such hearings or meet- ceedings, and that,for such purpose, ings,he will need a record of the pro- he may need-to ensure that a verba- tl0n In t Sald new ceedings, and that, for such purpose, tim record of the proceedings is made, he may need to ensure that a verba- which record includes the testimony tim record of the proceedings is made, and evidence upon which the appeal is which record includes the testimony to be based. 6(Sign4dre of Affiant t and evidence upon which the appeal is to be based. ADA ASSISTANCE:If you are a person with a disability who needs special Affi ed n s bserl efore me this day of November 2018 ADA ASSISTANCE:If you are a person accommodations in order to partici- with a disability who needs special pate in this proceeding,please contact accommodations in order to partici- the County Administrator's Office, by pate in this proceeding,please contact j phoning(305)292-4441;between the the County Administrator's Office, by hours of 8:30 a.m.-5:00 p.m.,no lat- (Nat Pu Ilc Sign ure) phoning(305)292-4441, between the er than five(5)calendar days prior to %1§rr181 hours of 8:30 a.m. 5:00 p.m.,no lat the scheduled meeting;if you are hear- ►•h'�� er than five(5)calendar days prior to ing or voice impaired, call"711". Live the scheduled meeting;if you are hear- Closed Captioning is available via our (Notary Publ'c Printed Name NOt§ a ing or voice impaired, call"711".Live web portal C�3 meetings of the Mon- ( rY ) ( � i m2.com for meetin s of the Mon- Closed Captioning is available via our q 9 $ web portal @ http://monroecountyfl. roe.County Board of County Commis- My commission expires y�yipr ptt` igm2.com for meetings of the Mon siners. Cn roe County Board of County Commis- Dated at Key West, Florida,this 20th 1f` sioners. day of November,2018. Personally Known X Produced Identification_ �' Dated at Key West, Florida,this 20th KEVIN MADOK, Clerk of off day of November,2018. the Circuit Court and'ex officio Clerk of Type of Identification Produced KEVIN MADOK, Clerk of the Board of County Commissioners of YP C � Monroe County,Florida Z the Circuit Court and ex off icio Clerk of *! the Board of County Commissioners of 1128/18 Key West Citizen Monroe County,Florida GM a a w 1128/18 Key West Citizen b N fV CCD 4879 i WEEK _ NOTICE OF INTENTION he may need to ensure. TO CONSIDER that'a verbatim record of Published Weekly ADOPTION OF COUNTY the proceedings is made, Marathon, Monroe County, ORDINANCE which record includes the y testimony-and evidence NOTICE IS HEREBY upon which the appeal is PROOF OF PUBLICATION GIVEN TO WHOM IT to be based. MAY CONCERN that ADAASSISTANCE If on December 19, you are a person with STATE OF FLORIDA 2018 at 3:00 P.M.,or a disability who needs m COUNTY OF MONROE soon thereafteras special accommodations in , may be heard,in thea order to participate in this d2ECEIVED Before the undersigned authority Commission Chambers, g y proceeding,please contact personally appeared JASON KOLER who MurrayE.Nelson the County Administrator's Government Center, Office,by phoning(305) DEC 0 5 2018 on oath, says that he is PUBLISHER of 102050Overseas j 2924441,between the the WEEKLY NEWSPAPERS, a weekly Countyy,Monroe hours of8:30a.m.-5:00 ve MONROE COUNTY ATfi45(�(VEY newspaper published in Marathon, in the Board of County 5)p. calendar rdaysprior Commissioners of• (5)calendar days prior to Monroe County, Florida: that the the scheduled meeting;if attached co of advertisement was Monroe County,Florida, you are hearing or voice copy intends to consider the impaired,call"711':Live published in said newspaper in the adoption of the following Closed Captioning is issues of: (date(s)of publication) County ordinance: available via our web portal AN ORDINANCE OF @Lwp•//monroecountyfl. / A Lgm2.com for meetings of A/Q veiji e r BOARD OF COUNTY Y, 2P/9 THEMONROECOUNTY the Monroe County Board /Y of County Commissioners. COMMISSIONERS AMENDING SECTION 2-429 OF THE MONROE Dated at Key West, Affiant further says that the said WEEKLY COUNTY CODE; . Florida,this 20h day NEWSPAPERS is a newspaper published CLARIFYINGTHAT of November,2018. VOTING CONFLICTS at Marathon, in- said Monroe County, DO NOT APPLY TO EX KEVIN MADOK,.Clerk of Florida,and that the said newspaper has OFFICIO MEMBERS OF the Circuit Court ADVISORY BOARDS; and ex.officio Clerk of the heretofore been continuously published PROVIDING FOR REPEAL Board of County In said Monroe County, Florida, once OF ALL ORDINANCES Commissioners of ` each week on Thursday) and has been INCONSISTENT Monroe County,Florida ( y) HEREWITH;PROVIDING qualified as a second class mail matter at FOR INCORPORATION Publish:November the post office in Marathon, In Monroe INTO THE COUNTY ODEOFE 29,2018 County, Florida, for a period of one year ORDINANCES;AND next preceding the first publication of PROVIDING FOR AN The Weekly Newspapers EFFECTIVE DATE. the attached copy of advertisement.The affiant further says that he has neither Pursuant to Section 286.0105,Florida Statutes; paid nor promised any person, firm, or notice is given that ifa corporation any discount, rebate, person decides to appeal any decision made by the commission or refund for the purpose of Board with respect to any securing this advertisement for matter considered at such hearings or meetings, publication in the said newspaper(s)and hewill need a record of that The Weekly Newspapers is in full the proceedings,and compliance with Chapter 50 of the that,for such-purpose , Florida State Statutes on Legal and Official Advertisements. �.. , Sw*G-rn an s bscribed before me i �s �d ofa '2018. CHARLOTTE HRUSKA (SEAL) '_ MY COMMISSION#GO221835 EXPIRES:September 1,2022 D ////A / � '••';oF I;;°� Bonded Thm Notary Public und,mft IE Notary 4880 M O Marathon-Sunshine Key-Big Pine Key-No Name Key-Little,Middle&Big.Torch Key-Ramrod KeySummerland Keg+Cudjoe.KeySugarloaf Key ..,fig .% / �r �f / t• TO 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 Phone: 305-872-0106 Fax: 305-515-2939 ra RECEIVED AFFIDAVIT OF PUBLICATION DEC 13 2018 STATE OF FLORIDA MONROE COUNTY ATTORNEY COUNTY OF MONROE Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Pine Key, Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of: NOTICE OF INTENT TO ADOPT COUNTY ORDINANCE: CLARIFYING VOTING CONFLICTS: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET #2-205, KEY WEST, FL 33040 . was published in said newspaper in the issue(s) of: November 30, 2018 Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in said Monroe County, Florida each week and has been entered as first-class mail matter at the post office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in said newspaper.- Signature of Affiant Sworn and subscribed before me this 4TH day of December, 2018 Signature of Notary Printed Name of Notary Expires I r its- x a'l Personally Known `� Produced Identification Type of Identification Produced RAINEY OMPSON MY COMMISSION#'GG 160760 EXPIRES:November 15,2021 Bonded Thru Nobuy Public Undewftis 4881 NOTICE OE INVENTION TO CONSIDER ADOPTION OF-COUNTY ORDINANCE NOTICE IS-HEREi3Y GIVEN TO.WHOM IT MAY CONCERN that.on December-1%2018 at 3t — PM.;or as soon`thereafter as may be heal dA in the Commission:Chambers,;Murray E Nelson: Government Center,'102650 Overseas.Highway; Monroe County, Florida,,'the Board.of County Commissioners.of Monroe County;.Florida,,intends to'consider the::-adoption of the following County. ordinance; AN ORDINANCE,-'OF THE,MONROE COUNTY BOARD.OF COUNTY COMMISSIONERS`AMENDING: SECTION 2429 OF THE,MONROE COUNTY:CODE; CLARIFYING THAT ' VOTING CONFLICTS R O :NOT APPLY., TO EX OFFICIO MEMBERS- OF ADVISORY. BOARDS; 'PROVIDING FOR REPEAL •OF ALL 'ORDINANCES`. INCONSISTENT HEREWITH, PROVIDING FOR,,INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES, AND . PROVIDING FOR AN EFFECTIVE,DATE. Pursuant to Section 286.0105,Florida,Statutes, notice is given that if a person decides to:appeal any 6 decision made by the-Board wiih.respect to any-matter considered at such'heaTmgs'or meetings,he will, t , need a record of the proceedings,and that;for such.purpose,he may need to,ensure#lat a verbatim record: of the proceedings,rs:made,which record;includes the testimony and,:evidence upon>whiebthe-dppealis Lobe based`.' ADr1 ASSISTANCEE 7f j7qu-a u peisoit:tGiilt a.disabtliiy jvlio needs special a ce�iirntorlahbtis in order tti= participate i,i tilis proceeditig;please.cdiitacl,'the County Adotinistrator's Office;by phoning(30S).242-4d41',, between tire hours of8:30a rn. 5;001p tt ,no:laterthan five.(S)calendar days prior to-thescTreduled-nieeturg. if y1ou ore-flaring op loice i»parted;cull"7ZZ':Live Closed Capttnnitg is riYailable uia vur ivebportal' - — ' ]'ri1y%/tttoiu'I�L'CDIIfYt�ll/t1tZ.l'Otlt fOk ltl�L'tlli�t,+S Of 1itl'11�OlYOe�0e1lety BO„QY(�(?f COit�tty COt)t/t1tSStgttG'1'S._ Dated at'Key Nest,Florida,this'29"day of November,101S. _ KEVIN MADOK,Clerk of the Circuit Court" (SEAL-) anal,ex•dfficio Cleric of the:Board of Court Commissiopers 6f`M6nroe Comity,Florida r _ . ., ......_ _ .. 4882 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on May 21,2025, at 9:00 A.M. or as soon thereafter as the matter may be heard,at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider adopting the following ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 2-429 OF THE MONROE COUNTY CODE; CLARIFYING THAT VOTING CONFLICTS DO NOT APPLY TO GOVERNMENT OFFICIAL(S) SITTING ON ADVISORY BOARDS WHEN PRESENTED WITH MATTERS REGARDING THEIR OWN GOVERNMENTAL AGENCY/AGENCIES; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed ordinance may be inspected by the public at the Monroe County website by viewing the agenda packet for the May 21, 2025, meeting, which will be posted beginning on May 16, 2025 at: The ordinance may also be viewed at the Monroe County Attorney's office at 1111 12th St. Ste. 408 Key West, FL 33040. The public can participate in the May 21,2025,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 , ,groecoi..!ni.y .i.. t112a,cotii/citizens/defaiilt.asn�.!,. ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292- 4441, between the hours of 8:30a.m.-5:00p.m.,prior to the scheduled meeting; if you are hearing or voice-impaired, call '711': Live Closed-Captioning is available via our web portal @ !,tL.gUn for meetings of the Monroe County Board of County Commissioners. Dated at Key West, Florida, this 10th day of May, 2025. (SEAL) KEVIN MADOK, Clerk of the Circuit Court and Ex Officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication Dates: Keys Citizen: Sat., 05/10/2025 Keys Weekly: Thur., 05/15/2025 News Barometer: Fri., 05/16/2025 4883 5/5/25,3:26 PM Statutes&Constitution :View Statutes: Online Sunshine Select Year: 2024- Go..I The 2024 Florida Statutes (including 2025 Special Session Q Title X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, AND PUBLIC OFFICERS AND EMPLOYEES: GENERAL Chapter RECORDS PROVISIONS 112.3143 Voting conflicts.— (1) As used in this section: (a) "Principal by whom retained" means an individual or entity, other than an agency as defined in s. 112.312(2), that for compensation, salary, pay, consideration, or similar thing of value, has permitted or directed another to act for the individual or entity, and includes, but is not limited to, one's client, employer, or the parent, subsidiary, or sibling organization of one's client or employer. (b) "Public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. (c) "Relative" means any father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law. (d) "Special private gain or loss" means an economic benefit or harm that would inure to the officer, his or her relative, business associate, or principal, unless the measure affects a class that includes the officer, his or her relative, business associate, or principal, in which case, at least the following factors must be considered when determining whether a special private gain or loss exists: 1. The size of the class affected by the vote. 2. The nature of the interests involved. 3. The degree to which the interests of all members of the class are affected by the vote. 4. The degree to which the officer, his or her relative, business associate, or principal receives a greater benefit or harm when compared to other members of the class. The degree to which there is uncertainty at the time of the vote as to whether there would be any economic benefit or harm to the public officer, his or her relative, business associate, or principal and, if so, the nature or degree of the economic benefit or harm must also be considered. (2)(a) A state public officer may not vote on any matter that the officer knows would inure to his or her special private gain or loss. Any state public officer who abstains from voting in an official capacity upon any measure that the officer knows would inure to the officer's special private gain or loss, or who votes in an official capacity on a measure that he or she knows would inure to the special private gain or loss of any principal by whom the officer is retained or to the parent organization or subsidiary of a corporate principal by which the officer is retained other than an agency as defined in s. 112.312(2); or which the officer knows would inure to the special private gain or loss of a relative or business associate of the public officer, shall make every reasonable effort to disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. If it is not possible for the state public officer to file a memorandum before the vote, the memorandum must be filed with the person responsible for recording the minutes of the meeting no later than 15 days after the vote. (b) A member of the Legislature may satisfy the disclosure requirements of this section by filing a disclosure form created pursuant to the rules of the member's respective house if the member discloses the information required by this subsection. (3)(a) No county, municipal, or other local public officer shall vote in an official capacity upon any measure;which would inure to his or her special private gain or,loss; which he or she,knows would inure to the special private gain or Loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by 4$$4 www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0112/Sections/0112.3143.html 5/5/25,3:26 PM Statutes&Constitution :View Statutes: Online Sunshine which he or she is retained, other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer's interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. (b) However, a commissioner of a community redevelopment agency created or designated pursuant to s. 163.356 or s. 163.357, or an officer of an independent special tax district elected on a one-acre, one-vote basis, is not prohibited from voting, when voting in said capacity. (4) No appointed public officer shall participate in any matter which would inure to the officer's special private gain or loss; which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained; or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer, without first disclosing the nature of his or her interest in the matter. (a) Such disclosure, indicating the nature of the conflict, shall be made in a written memorandum filed with the person responsible for recording the minutes of the meeting, prior to the meeting in which consideration of the matter will take place, and shall be incorporated into the minutes. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (b) In the event that disclosure has not been made prior to the meeting or that any conflict is unknown prior to the meeting, the disclosure shall be made orally at the meeting when it becomes known that a conflict exists. A written memorandum disclosing the nature of the conflict shall then be filed within 15 days after the oral disclosure with the person responsible for recording the minutes of the meeting and shall be incorporated into the minutes of the meeting at which the oral disclosure was made. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (c) For purposes of this subsection, the term "participate" means any attempt to influence the decision by oral or written communication, whether made by the officer or at the officer's direction. (5) If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. (6) Whenever a public officer or former public officer is being considered for appointment or reappointment to public office, the appointing body shall consider the number and nature of the memoranda of conflict previously filed under this section by said officer. History.—s. 6, ch. 75-208; s. 2, ch. 84-318; s. 1, ch. 84-357; s. 2, ch. 86-148; s. 5, ch. 91-85; s. 3, ch. 94-277; s. 1408, ch. 95-147; s.43, ch. 99-2; s. 6, ch. 2013-36. Copyright©1995-2025 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0112/Sections/0112.3143.html 4885 �,*�-t4'w BUSINESS IMPACT ESTIMATE' Meeting Date: 5/21/25 Proposed Ordinance Title/Reference: Ordinance amending the Monroe County Code regarding advisory board voting conflicts. 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:This ordinance clarifies that government officials that sit on advisory boards do not have voting conflicts on matter regarding their governmental agency/agencies. While Sec.2-429 of the Monroe County Code imposes more stringent voting conflicts than as set forth in F.S. 112.3143, it is necessary to clarify that no voting conflict exists for government officials when considering matters of their governmental agency/agencies.The public purpose is to set forth voting conflicts for advisory boards. Estimate of Direct Economic Impact on Private/For Profit Businesses: a. Estimate of Direct Business Compliance Costs: None. b. New Charges/Fees on Businesses Impacted: No new changes/fees will be imposed by this ordinance. c. Estimate of Regulator: No regulatory costs will be imposed by this ordinance. Good Faith Estimate of Number of Businesses Likely Impacted: Businesses are not likely to be impacted by this ordinance. Anv Additional Information: 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) 4886