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Home My WebLink AboutItem U01 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District z The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District 1 James K. Scholl,District 3 - Holly Merrill Raschein,District 5 Regular Meeting July 15, 2026 Agenda Item Number: U1 26-32368 BULK ITEM: Yes DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Ana Walter AGENDA ITEM WORDING: 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. ITEM BACKGROUND: The proposed ordinance repeals the rules and regulations governing Higgs Beach from the 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. PREVIOUS RELEVANT BOCC ACTION: On May 20, 2026, the BOCC approved a request to advertise a public hearing to consider adoption of this proposed ordinance. On May 1, 2026, the BOCC transferred ownership of Higgs Beach to the City of Key West, thus rendering the County's rules governing Higgs Beach obsolete. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approve DOCUMENTATION: Proposed Ordinance Updating Ch. 18 to remove Higgs Beach from County Code FINANCIAL IMPACT: Effective Date: 07/15/2026 Expiration Date: Total Dollar Value of Contract: $0.00 Total Cost to County: $0.00 Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: $0.00 Estimated Ongoing Costs Not Included in above dollar amounts: $0.00 Revenue Producing: No If yes, amount: Grant: No County Match: No 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 stfieken thfetlo and additions are in underline and bold): 1 type,ethyl aleehel by volttffle_-. ineluditig, bttt*ot limited to, ehaialink feneing a+id post and f:ail feneing, and has posted with the yesleflyedge-e€White Stfeet. thence ftai4h alai g the . estefl y edge of White beginning,the eastem edge of Reynolds Stfeet; thettee sotithefly along the easteim edge a watef line to the point of ineluding, howevef, any piefs, deeks,jetties, line. tl pl ;+• However,Et. The eouiitj4festaufafA lessee eotAfaet allows for- the aii pfeffifise f+effi the state and the City ef Key Atest faf the ale and eeiisuffiPtfaft this subseetieft(b)(1) on a per-evefA basis tipon a-Fesolution of the board. e 2 City ef Key West of the state. Higgs Beaeh Gotf� Park shall be elosed ffem stinset to 7:00 a.m. and iie pet:sofi shall efitef of ttse stieh f4eility for-afly Pttfpese dafifig these hattfs With the e f Goti ity approvedo f+s (e)Pat*to he elosed during eet-tain, hotttw. Higgs Beaeh Cofff"Pat:k shall ., eeeept that the feiieed, gated, 7 f and posted af ea dufing 7 gated, "Higgsttpeft AtlatAie Blvd. between M4iite Stfeet and Reynolds Street. The 11 fefefetieed in this seetion is a not for- profit eammtmit Street, in the City of Key West, .tiles 1- �i��l t6Tpar tly to The sY? shall maif4axff--a—etiff€t3t3embefship ,-..�_11 "r f � as -- H1 �1a ten _ r- - sueh fine and impfisonment. padE> stand or- > gated, posted af:ea of Higgs Beaek County PAfk-. or- SECTION 3: AMENDMENT. That Section 18-27(1)(2) of the Code of Ordinances is hereby amended to read as follows (deletions are stfieken thfaffgh and additions are in underline and bold): "(2) setither-ly and e-astefly of the fenee s ,,, ing the FAA tower- par-eel.-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: is derived, provided that the enelesed gfeeiispaee shall meet the fallawiiig (1) Thefe shall be a fenee f6ur-to si�i feet high with a min' -0" do4le efitfygatecl e-44-e gate. (2) Theme sh ll�r�an c fea paft tioir,1 A- -fA-f use by small s(under 25 potlads). (3) Thefe shall be a waste disposal station w4h plastie bags a+td a eever-ed shall inelude, but not-oerrrrircccrto:. waste;a. Owners must elean up after-pets and pr-opet:ly dispose of immediately,- oil ffofn the efielesed g o; e. €n tindef age s e not allowed. €a nde age 16 mut�� o,l by an . dull• 4 heat, > fi All dogs tffust be 4 at all times by Effl adult human owne, g. Thefe shall be, mofe than tIffee .Ions „ ownef f h.,n lef:pef N,; , h D,,, pies, v„ e f f„«f *ths afe t allowed-,i. if a dog digs, the dog ffmst be stopped immediately and the ew*ef4ia-nd1eF fffdst fill the hole; gfeenspaee; *r. (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. 5 SECTION 7: 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 Tem 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: Ana Walter 1 Digitally signed Ana Walter Date:2026.06.26 332:31-04'00' 6 P f BUSINESS IMPACT ESTIMATE' Rev.06/2024 F�in7g7D7a7te: July 15,2026 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 Regulatory Costs:None Good Faith Estimate of Number of Businesses Likely Impacted: None Any Additional Information: i R„.�r,P..�.,,r,,..r r.,rP.,,Nr,t.,,,,.t hN r,,.rP.l.,r,rhP...,,,.,r,.'.,,,Ph :rP...,I•,rP.th.,..rhP.I„rP rhP nrrirc..f r,r.,.,.,.P.!P.,,..r.,,.�r�. ..,,hG,h,.l