HomeMy WebLinkAboutItem C31 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
James K. Scholl,District 3
- Holly Merrill Raschein,District 5
Regular Meeting
May 20, 2026
Agenda Item Number: C31
26-29428
BULK ITEM: No. DEPARTMENT: County Attorney
TIME APPROXIMATE: N/A STAFF CONTACT: Donald Townsend
AGENDA ITEM WORDING: Approval to Advertise a Public Hearing to consider adoption of an
ordinance updating Sections 11-3 and 11-4 of the Monroe County Code of Ordinances in order to
revise sections of the Emergency Management and Emergency Services section to streamline
reporting of the Emergency Management Director during a state of emergency, clarify the powers of
said Director, and clarify the powers of the County Administrators role during a state of emergency.
ITEM BACKGROUND: Based on changes in the County's organizational table, as well as
experience managing past emergency responses, the County Administrator wishes to now revise the
Monroe County Code relating to emergency management and emergency services.
If adopted, the proposed Ordinance would amend Section 11-3, entitled"Emergency Management
Director", to clarify that the Emergency Management Director will report to the County Administrator
during a declared emergency. Note, last April, the Board approved an ordinance (009-25) removing a
previous code requirement that the Emergency Management directly report to the County
Administrator during non-emergency times. The proposed ordinance would also clarify the authority
of the Emergency Manager to suspend other employees only with respect to the emergency response
efforts. The ordinance would remove unnecessary language reporting coordination with the Fire
Chief. Further, Section 11-4 would be amended to clarify that the County Administrator's authority to
act under F.S. 125.74 or Section 2-58 of the Code of Ordinances is not affected by the declaration of a
state of emergency.
PREVIOUS RELEVANT BOCC ACTION: On 10/16/19, the BOCC adopted Ordinance No. 035-
2019 which created Sections 11-3 and 11-4 of the Code. On 4/16/25, the BOCC adopted Ordinance
009-025 which eliminated the Code requirement that the Emergency Management Director directly
report to the County Administrator during non-emergency times.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION Approve
DOCUMENTATION:
Draft Ordinance Revising Chap 11 Art 1
FINANCIAL IMPACT: N/A
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
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5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2026
9
10 AN ORDINANCE OF THE BOARD OF COUNTY
11 COMMISSIONERS OF MONROE COUNTY, FLORIDA,
12 AMENDING THE MONROE COUNTY CODE, BY
13 AMENDING SECTION 11-3 OF THE COUNTY CODE TO
14 UPDATE AND CLARIFY THE CHAIN OF COMMAND
15 THAT THE COUNTY EMERGENCY MANAGEMENT
16 DIRECTOR AND OTHER COUNTY STAFF WILL
17 FOLLOW DURING A DECLARED EMERGENCY; TO
18 CHANGE THE NAME OF THE EMERGENCY
19 MANAGEMENT DEPARTMENT TO OFFICE OF
20 EMERGENCY MANAGEMENT; AND AMEND SECTION
21 11-4 OF THE CODE TO CLARIFY THAT NOTHING IN
22 ARTICLE I CHAPTER 11 OF THE CODE LIMITS THE
23 AUTHORITY OF THE COUNTY ADMINISTRATOR; AND
24 PROVIDING FOR REPEAL OF ALL ORDINANCES
25 INCONSISTENT HEREWITH; PROVIDING FOR
26 SEVERABILITY; PROVIDING FOR INCORPORATION
27 INTO THE MONROE COUNTY CODE OF ORDIANANCES;
28 AND PROVIDING FOR TRANSMITTAL AND AN
29 EFFECTIVE DATE.
30
31
32 WHEREAS, the Legislature enacted F.S.252.38, which provides for certain emergency
33 management responsibilities for each County and its emergency management director; and
34
35 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
36 that various county officials, staff and the BOCC work to ensure that the Monroe County Code is
37 kept current and of maximum use and clarity; and
38
39 WHEREAS, the Board of County Commissioners of Monroe County ("the Board")
40 adopted Ordinance No. 028-1987, which is currently codified in Article I of Chapter 11 of the
41 Monroe County Code, and sets forth the foundational authority for the emergency management
42 director; and
43
44 WHEREAS, the Board adopted Ordinance No. 035-2019, which is currently codified in
45 Article I of Chapter 11 of the Monroe County Code, forth the authority of the mayor to declare a
46 state of emergency, set forth the powers and duties of the emergency management director, and
47 set forth the roles of the County Administrator; and
Page 1 of 4
48
49 WHEREAS, the Board finds it necessary to update Article I of Chapter 11 to reflect
50 changes to related F.S. 252.38, and emergency management practices that have evolved overtime;
51 and
52
53 WHEREAS, the Board finds it necessary to clarify the role, powers, and duties of the
54 County's Emergency Management Director to reflect current and best practices in the field of
55 emergency management; and
56
57 WHEREAS, the Board finds that having the Emergency Management Director report
58 directly to the County Administrator during a declared emergency is the most efficient method of
59 management and emergency response, and streamlines reporting to the Board during a state of
60 emergency; and
61
62 WHEREAS, the Board finds that the suspension power of County personnel by the
63 Emergency Management Director should be limited to said personnels participation in the
64 emergency response effort; and
65
66 WHEREAS, pursuant to Article VI11 of the Florida Constitution and F.S. 125.66, Monroe
67 County possesses the police powers to enact ordinances in order to protect the health, safety, and
68 welfare of the County's citizens; and
69
70 WHEREAS, during a prior reorganization of the County's departments that took effect on
71 October 1, 2025, the Board changed the classification of the Emergency Management Department
72 to the Office of Emergency Management that is subordinate to the Emergency Services
73 Department on the County's table of organization; and
74
75 WHEREAS, it is necessary to update the code to reflect this status change; and
76
77 WHEREAS, the Board of County Commissioners hereby finds and determines that the
78 actions described herein serve the best interests of the residents, visitors, and business owners in
79 Monroe County, Florida.
80
81 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
82 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
83
84
85 SECTION 1. Section 11-3 (b) of the Monroe County Code is hereby amended as follows:
86
87 (b) The emergency management director shall:
88 (1) Report directly, during a declared emergency, to the county
89 administrator,:arto the :n o t4:n i4i the, -;4 bse�0--e-A- ea,
90 R4ayo ;
91 (2) Supervise the emergency management depaftmen office;
Page 2 of 4
92 (3) Have the authority to direct the work of ether department heads and
93 other county personnel in the preparation of emergency management
94 plans regardless of whether operating under a declaration of
95 emergency;
96 (4) During a declared emergency, direct and supervise all operations of
97 county government including but not limited to:
98 a. Issuing directives having the force and effect of law;
99 b. Enter into contracts and purchase orders on behalf of the county
100 having a value less than
101 $1,000,000.00; purchases of$1,000,000.00 and greater shall
102 require concurrent approval of the county administrator;
103 c. Hire and fire temporary personnel needed to carry out the work
104 of the county during the time of the declared emergency, subject
105 to the availability of funds; and
106 d. Suspend county personnel from the emergency response to
107 the named incident, including department heads, who fail to
108 follow the lawful directives of the emergency management
109 director.
111 +L,o mfiro �,;or�,, a +�,o r;,-o r e dor.,q Mefft
112
113 SECTION 2. _Section 11-4 (b) of the Monroe County Code is hereby amended to add new
114 subsection (5) as follows:
115
116 (5) Nothing herein restricts the authority of the County Administrator to act under
117 the authority vested in the County Administrator by F.S. 125.74 or Section 2-58 of the
118 Monroe County_ Code.
119
120
121 SECTION 3: RATIFICATION. That the foregoing"WHEREAS"clauses are hereby ratified
122 and confirmed as being true and correct and are hereby made a specific part of this ordinance.
Page 3 of 4
123 SECTION 4: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or
124 declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining
125 portions of this ordinance.If this ordinance or any provision thereof shall be held to be inapplicable
126 to any person,property or circumstances, such holding shall not affect its applicability to any other
127 person,property or circumstances.
128
129 SECTION 5: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
130 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
131
132 SECTION 6: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
133 shall be included and incorporated in the Code of Ordinances of County of Monroe, Florida, as
134 an addition or amendment thereto, and shall be appropriately renumbered to conform to the
135 uniform numbering system of the Code.
136
137 SECTION 7: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
138 the Department of State and shall be effective as provided in section 125.66(2), Florida Statutes.
139
140
141 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
142 Florida, at a regular meeting of said Board held on the 20th day of May, 2026.
143
144 Mayor Michelle Lincoln
145 Mayor Pro Tern David Rice
146 Commissioner Craig Cates
147 Commissioner Holly Merrill Raschein
148 Commissioner James K. Scholl
149
150 (Seal)
151 Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS
152 OF MONROE COUNTY, FLORIDA
153
154
155
156 By: By:
157 Deputy Clerk Michelle Lincoln, Mayor
158
159 Approved as to form and legal sufficiency:
160
161
162
163 Robert B. Shillinger, Jr.
164 Monroe County Attorney
165
166
167
168
Page 4 of 4
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Wednesday, May 13, 2026 1:57 PM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Liz Yongue;
InternalAudit; Agenda Item Review Team; MGT; Francis-Lourdes; Gongre-Mark;
Maddox-Natalie; Moeller-Mary; Moore-Deborah; Proffitt-Maureen; Tamborski-Cheri;
Tolpin-Devin; Wilson-Kevin; Liz Yongue; Gastesi-Roman; Liz Yongue; Pamela G.
Hancock; Senior Management Team and Aides
Cc: Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff;
County-Attorney; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John;
Valcheva-Svilena; Powell-Barbara; Guerra-Cynthia; Brynn Morey
Subject: Item C31 BOCC 05/20/2026 REVISED BACKUP
Attachments: AIS 26-29428.pdf, Draft Ordinance Updating Sec 11 3 and 11 4 May 2026 sent to
Krystal 5-13-26.docx
Categories: Orange Category, Deadline
Good afternoon,
Please be advised that the backup for the C31 agenda item has been revised.
"Approval to Advertise a Public Hearing to consider adoption ofan ordinance updating Sections 11-3 and 11-4
of the Monroe County Code of Ordinances in order to revise sections of the Emergency Management and
Emergency Services section to streamline reporting of the Emergency Management Director during a state of
emergency, clam the powers of said Director, and clam the powers of the County Administrators role during
a state of emergency. "
��r�staC crovuez
Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Notary Public
�y ------_-rv_�
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
1
2
0j 1E1 !3
2 (puJll� r
W
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2026
9
10 AN ORDINANCE OF THE BOARD OF COUNTY
11 COMMISSIONERS OF MONROE COUNTY, FLORIDA,
12 AMENDING THE MONROE COUNTY CODE, BY
13 AMENDING SECTION 11-3 OF THE COUNTY CODE TO
14 UPDATE AND CLARIFY THE CHAIN OF COMMAND
15 THAT THE COUNTY EMERGENCY MANAGEMENT
16 DIRECTOR AND OTHER COUNTY STAFF WILL
17 FOLLOW DURING A DECLARED EMERGENCY; TO
18 CHANGE THE NAME OF THE EMERGENCY
19 MANAGEMENT DEPARTMENT TO OFFICE OF
20 EMERGENCY MANAGEMENT; AND AMEND SECTION
21 11-4 OF THE CODE TO CLARIFY THAT NOTHING IN
22 ARTICLE I CHAPTER 11 OF THE CODE LIMITS THE
23 AUTHORITY OF THE COUNTY ADMINISTRATOR; AND
24 PROVIDING FOR REPEAL OF ALL ORDINANCES
25 INCONSISTENT HEREWITH; PROVIDING FOR
26 SEVERABILITY; PROVIDING FOR INCORPORATION
27 INTO THE MONROE COUNTY CODE OF ORDINANCES;
28 AND PROVIDING FOR TRANSMITTAL AND AN
29 EFFECTIVE DATE.
30
31
32 WHEREAS, the Legislature enacted F.S.252.38, which provides for certain emergency
33 management responsibilities for each County and its emergency management director; and
34
35 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
36 that various county officials, staff and the BOCC work to ensure that the Monroe County Code is
37 kept current and of maximum use and clarity; and
38
39 WHEREAS, the Board of County Commissioners of Monroe County ("the Board")
40 adopted Ordinance No. 028-1987, which is currently codified in Article I of Chapter 11 of the
41 Monroe County Code, and sets forth the foundational authority for the emergency management
42 director; and
43
44 WHEREAS, the Board adopted Ordinance No. 035-2019, which is currently codified in
45 Article I of Chapter 11 of the Monroe County Code, forth the authority of the mayor to declare a
46 state of emergency, set forth the powers and duties of the emergency management director, and
47 set forth the roles of the County Administrator; and
Page 1 of 4
48
49 WHEREAS, the Board finds it necessary to update Article I of Chapter 11 to reflect
50 changes to related F.S. 252.38, and emergency management practices that have evolved over time;
51 and
52
53 WHEREAS, the Board finds it necessary to clarify the role, powers, and duties of the
54 County's Emergency Management Director to reflect current and best practices in the field of
55 emergency management; and
56
57 WHEREAS, the Board finds that having the Emergency Management Director report
58 directly to the County Administrator during a declared emergency is the most efficient method of
59 management and emergency response, and streamlines reporting to the Board during a state of
60 emergency; and
61
62 WHEREAS, the Board finds that the suspension power of County personnel by the
63 Emergency Management Director should be limited to said personnels participation in the
64 emergency response effort; and
65
66 WHEREAS,pursuant to Article VIII of the Florida Constitution and F.S. 125.66, Monroe
67 County possesses the police powers to enact ordinances in order to protect the health, safety, and
68 welfare of the County's citizens; and
69
70 WHEREAS, during a prior reorganization of the County's departments that took effect on
71 October 1, 2025,the Board changed the classification of the Emergency Management Department
72 to the Office of Emergency Management that is subordinate to the Emergency Services
73 Department on the County's table of organization; and
74
75 WHEREAS, it is necessary to update the code to reflect this status change; and
76
77 WHEREAS, the Board of County Commissioners hereby finds and determines that the
78 actions described herein serve the best interests of the residents, visitors, and business owners in
79 Monroe County, Florida.
80
81 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
82 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
83
84
85 SECTION 1. Section 11-3 (b) of the Monroe County Code is hereby amended as follows:
86
87 (b) The emergency management director shall:
88 (1) Report directly, during a declared emergency, to the county
89 administrator, r to the r the abbe ee of the
90 fflayer-;
91 (2) Supervise the emergency management depaftment office;
Page 2 of 4
92 (3) Have the authority to direct the work of ether department heads and
93 other county personnel in the preparation of emergency management
94 plans regardless of whether operating under a declaration of
95 emergency;
96 (4) During a declared emergency, direct and supervise all operations of
97 county government including but not limited to:
98 a. Issuing directives having the force and effect of law;
99 b. Enter into contracts and purchase orders on behalf of the county
100 having a value less than
101 $1,000,000.00;purchases of$1,000,000.00 and greater shall
102 require concurrent approval of the county administrator;
103 c. Hire and fire temporary personnel needed to carry out the work
104 of the county during the time of the declared emergency, subject
105 to the availability of funds; and
106 d. Suspend county personnel from the emergency response to
107 the named incident, including department heads, who fail to
108 follow the lawful directives of the emergency management
109 director.
110 (5) C,,,,,-dift to the etnefgeftey management,aor,,Ament's etivities with
111 the fife ehief and the fife fe e ,aor,,Ament
112
113 SECTION 2. _Section 11-4 (b) of the Monroe County Code is hereby amended to add new
114 subsection (5) as follows:
115
116 (5) Nothing herein restricts the authority of the County Administrator to act under
117 the authority vested in the County Administrator by F.S. 125.74 or Section 2-58 of the
118 Monroe County Code.
119
120
121 SECTION 3: RATIFICATION. That the foregoing"WHEREAS"clauses are hereby ratified
122 and confirmed as being true and correct and are hereby made a specific part of this ordinance.
123
Page 3 of 4
124 SECTION 4: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or
125 declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining
126 portions of this ordinance.If this ordinance or any provision thereof shall be held to be inapplicable
127 to any person,property or circumstances, such holding shall not affect its applicability to any other
128 person, property or circumstances.
129
130 SECTION 5: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
131 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
132
133 SECTION 6: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
134 shall be included and incorporated in the Code of Ordinances of County of Monroe, Florida, as
135 an addition or amendment thereto, and shall be appropriately renumbered to conform to the
136 uniform numbering system of the Code.
137
138 SECTION 7: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
139 the Department of State and shall be effective as provided in section 125.66(2), Florida Statutes.
140
141
142 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
143 Florida, at a regular meeting of said Board held on the 10th day of June, 2026.
144
145 Mayor Michelle Lincoln
146 Mayor Pro Tem David Rice
147 Commissioner Craig Cates
148 Commissioner Holly Merrill Raschein
149 Commissioner James K. Scholl
150
151 (Seal)
152 Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS
153 OF MONROE COUNTY, FLORIDA
154
155
156
157 By: By:
158 Deputy Clerk Michelle Lincoln, Mayor
159
160 Approved as to form and legal sufficiency:
161
162
163
164 Robert B. Shillinger, Jr.
165 Monroe County Attorney
166
167
168
169
Page 4 of 4
C�V Nr11�,Y �� ����� BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem David Rice,District 4
Craig Cates,District 1
James K.Scholl,District 3
� Holly Merrill Raschein,District 5
Regular Meeting
May 20, 2026
Agenda Item Number: {{section.number}}{{item.number}}
26-29428
BULK ITEM: No. DEPARTMENT: County Attorney
TIME APPROXIMATE: N/A STAFF CONTACT: Donald Townsend
AGENDA ITEM WORDING: Approval to Advertise a Public Hearing to consider adoption of an
ordinance updating Sections 11-3 and 11-4 of the Monroe County Code of Ordinances in order to
revise sections of the Emergency Management and Emergency Services section to streamline
reporting of the Emergency Management Director during a state of emergency, clarify the powers of
said Director, and clarify the powers of the County Administrators role during a state of emergency.
ITEM BACKGROUND: Based on changes in the County's organizational table, as well as
experience managing past emergency responses, the County Administrator wishes to now revise the
Monroe County Code relating to emergency management and emergency services.
If adopted, the proposed Ordinance would amend Section 11-3, entitled "Emergency Management
Director", to clarify that the Emergency Management Director will report to the County Administrator
during a declared emergency. Note, last April, the Board approved an ordinance (009-25)removing a
previous code requirement that the Emergency Management directly report to the County
Administrator during non-emergency times. The proposed ordinance would also clarify the authority
of the Emergency Manager to suspend other employees only with respect to the emergency response
efforts. The ordinance would remove unnecessary language reporting coordination with the Fire
Chief. Further, Section 11-4 would be amended to clarify that the County Administrator's authority to
act under F.S. 125.74 or Section 2-58 of the Code of Ordinances is not affected by the declaration of a
state of emergency.
PREVIOUS RELEVANT BOCC ACTION: On 10/16/19, the BOCC adopted Ordinance No. 035-
2019 which created Sections 11-3 and 11-4 of the Code. On 4/16/25, the BOCC adopted Ordinance
009-025 which eliminated the Code requirement that the Emergency Management Director directly
report to the County Administrator during non-emergency times.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION Approve
DOCUMENTATION:
Draft Ordinance Revising Chap 11 Art 1
FINANCIAL IMPACT: N/A
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: