HomeMy WebLinkAboutItem T02 T2. Approval to advertise a public hearing to consider adoption of an ordinance
codifying amendments to Sections 18-26, 18-27(1)(2), and 18-27(m) of the Code to repeal
rules of conduct and operational procedures specific to Higgs Beach.
ORDINANCE No: -2026
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, REPEALING IN ITS ENTIRETY
SECTION 18-26 OF THE MONROE COUNTY CODE OF ORDINANCES,
ENTITLED "HIGGS BEACH COUNTY PARK"; AMENDING SECTION
18-27 OF THE MONROE COUNTY CODE OF ORDINANCES,ENTITLED
"RULES OF CONDUCT AND OPERATIONAL PROCEDURES FOR
CERTAIN PARKS" TO REPEAL RULES OF CONDUCT AND
OPERATIONAL PROCEDURES SPECIFIC TO HIGGS BEACH;
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 (hereinafter the
"BOCC") determined that the City of Key West is in the best position to own and operate Higgs
Beach for the benefit of the public;
WHEREAS, the BOCC has agreed to transfer ownership and the City of Key West has
agreed to accept ownership of Higgs Beach effective May 1, 2026, after which the BOCC will no
longer control Higgs Beach;
WHEREAS,the BOCC now wishes to repeal rules and regulations governing Higgs Beach
from its code of ordinances by deleting Section 18-26 of the Monroe County Code, entitled Higgs
Beach County Park, in its entirety; amending Section 18-27(1)(2) of the Monroe County Code, to
remove rules of conduct and operational procedures specific to Higgs Beach; and amending 18-
27(m)of the Monroe County Code,to remove rules of conduct and operational procedures specific
to Higgs Beach;
WHEREAS,the BOCC wishes to codify these amendments to Sections 18-26, 18-27(1)(2),
and 18-27(m) of the Monroe County Code.
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: LEGISALTIVE FINDINGS. The clauses set forth above are incorporated
herein as findings of fact of the Board of County Commissioners of Monroe County.
SECTION 2: REPEAL. That Section 18-26 of the Code of Ordinances is hereby
deleted in its entirety and replaced with (deletions are and additions are in
underline and bold):
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SECTION 3: AMENDMENT. That Section 18-27(1)(2) of the Code of Ordinances is
hereby amended to read as follows (deletions are Q,,L;,,'r%elt +hr.„D and additions are in underline
and bold):
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. In Harry
Harris Park, pets are allowed in the green area north of the boat ramp with the
exception of the ballfield. In Watson Field Park,pets are allowed in the fenced area
east of the softball fields, west of the tennis courts and south of South St."
SECTION 4: AMENDMENT. That Section 18-27(m) of the Code of Ordinances is
hereby amended to read as follows:
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m Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina Harvey
Park, Mike Forster Memorial Park, Big Pine Key Park, Murray E. Nelson
Government Center Park and in those parts of Harry Harris Park, and Watson Field
Park specified in subsection(o), subject to the following regulations:
1. Pets must be leashed on a leash no greater than eight feet long.
2. Owners must clean up after pets and properly dispose of waste. The
county shall provide Mutt Mitts and Doo-Drop In stations for this purpose.
3. Pets exhibiting aggressive behavior or creating a nuisance must be
immediately removed from the park.
SECTION 5: SEVERABILITY. If any 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 6: CONFLICT WITH OTHER ORDINANCES. All ordinances or
parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
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SECTION L 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 deletion, addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the Code.
SECTION 8: 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
, 2026.
Mayor Michelle Lincoln
Mayor Pro Tern David Rice
Commissioner Craig Cates
Commissioner James K. Scholl
Commissioner Holly Merril Rascheein
(SEAL)
Attest: KEVIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Michelle Lincoln, Mayor
Approved as to form and legal sufficiency:
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BUSINESS IMPACT ESTIMATEI
Rev. 06/2024
Meeting Date: May 20,2026
Proposed Ordinance Title/Reference: An ordinance of the Board of County Commissioners of Monroe
County, Florida, repealing in its entirety Section 18-26 of the Monroe County Code of Ordinances, entitled
"Higgs Beach County Park"; amending Section 18-27 of the Monroe County Code of Ordinances, entitled
"Rules of Conduct and Operational Procedures for Certain Parks"to repeal rules of conduct and operational
procedures specific to Higgs Beach; 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.
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;
❑X 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. Development orders and development permits,as those terms are defined in s. 163.3164,
and development agreements, as authorized by the Florida Local Government
Development Agreement Act under ss. 163.3220-163.3243;
b. Comprehensive plan amendments and land development regulation amendments initiated
by an application by a private party other than the county;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
d. Section 553.73,Florida Statutes,relating to the Florida Building Code; or
e. 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
codifies the repeal of rules and regulations governing Higgs Beach from its code of ordinances by deleting
Section 18-26 of the Monroe County Code,entitled Higgs Beach County Park,in its entirety;amending Section
18-27(1)(2) of the Monroe County Code, to remove rules of conduct and operational procedures specific to
Higgs Beach;and amending 18-27(m)of the Monroe County Code,to remove rules of conduct and operational
procedures specific to Higgs Beach.
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:None
c. Estimate of Re ug latory Costs:None
Good Faith Estimate of Number of Businesses Likely Impacted:None
Any Additional Information:
1 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)
NOTICE OF INTENT TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 10,2026, at 9:00 A.M.
or as soon thereafter as the matter may be heard, at the Nelson Government Center, 102050 Overseas
Hwy, Key Largo, FL 33037,the Board of County Commissioners of Monroe County, Florida, intends to
consider adopting the following ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, REPEALING IN ITS ENTIRETY
SECTION 18-26 OF THE MONROE COUNTY CODE OF ORDINANCES,
ENTITLED "HIGGS BEACH COUNTY PARK"; AMENDING SECTION
18-27 OF THE MONROE COUNTY CODE OF ORDINANCES,ENTITLED
"RULES OF CONDUCT AND OPERATIONAL PROCEDURES FOR
CERTAIN PARKS" TO REPEAL RULES OF CONDUCT AND
OPERATIONAL PROCEDURES SPECIFIC TO HIGGS BEACH;
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.
The proposed ordinance may be inspected by the public at the Monroe County website by viewing the
agenda packet for the June 10, 2026, meeting, which will be posted beginning on June 2, 2026 at:
en as. The ordinance may also be viewed at
the Monroe County Attorney's Office at 1111 121h Street, Suite 408,Key West, FL 33040.
The public can participate in the June 10,2026,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:
hit.. s:// cb cc.Zo .us/m/ 40_ , or Live Closed Captioning is available via the MCTV portal
at tt s: c ou .castus.ty vo.. onroe vide c c- ac c ?J3,9 e::::::::::::HOME&t e:::::::::::: eve.
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'
Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decides to appeal any decision
made by the Board of County Commissioners with respect to any matter considered at such meetings or
hearings, that person will need a record of the proceedings, and for such purpose, that person will need to
ensure that a verbatim record is made of the proceedings,which record includes the testimony and evidence
upon which the appeal is to be based.
Dated at Key West, Florida,this 20th day of May, 2026.
(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., 05/23/2026
Keys Weekly: Thur., 05/28/2026
News Barometer: Fri., 05/29/2026
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