Ordinance 022-1994 •F
Commissioner Cheal
ORDINANCE NO. 022-1994
AN ORDINANCE REGULATING WRECKER OPERATORS IN
MONROE COUNTY WHO PROVIDE MOTOR VEHICLE
TOWING AND STORAGE SERVICES AT THE REQUEST OF
LAW ENFORCEMENT OFFICERS BY ESTABLISHING
EQUIPMENT STANDARDS AND RATES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1 . Definitions .
(A) "Administrative fee" means the charge for notifying a
motor vehicle owner and any lien holders that a wrecker operator
has towed and stored the motor vehicle.
(B) "Commercially manufactured wrecker" means a tow truck
that is : Z = m
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1) Designed and constructed by a wrecker ,-milanufa Dture •
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Laiwhich offers its wreckers for sale; or
2) Assembled by a business licensed and �approv&d
assemble and certify wreckers according to manufacturer' s speci-
fications .
(C) "Motor vehicle or vehicle" shall mean any motor vehicle
as described in Sec. 320. 01 (1) , F.S.
(D) "Wrecker" means tow truck.
(E) "Wrecker operator or operator" means the individual,
partnership, corporation, or business entity engaged for hire in
the recovery, towing removal, or storage of wrecked, disabled,
stolen or abandoned motor vehicles . For the purpose of this
ordinance, a hired driver or employee shall be governed by this
ordinance and shall be considered an agent of the wrecker opera-
tor.
Section 2. Wrecker classification and required equip-
ment.
(A) Each tow truck owned or maintained by a wrecker opera-
tor shall be commercially manufactured and shall conform to all
other requirements of this section. The requirements of this
section are waived only for those operators with tow trucks which
were purchased before the effective date of this ordinance or
which were under a binding contract to purchase entered into
before the effective date of this ordinance.
(B) All tow trucks shall be equipped with a business-type
communication radio or mobile telephone or cellular telephone.
There shall be one radio or phone for each truck. The equipment
shall be licensed and approved by the Federal Communications
Commission. The mobile radio or telephone shall enable the
wrecker operator to communicate with his trucks within his usual
area of operation. A citizens band radio does not meet the
requirements of this subsection.
(C) Specifications and required equipment shall be as
follows :
(1) ALL wreckers (all classifications) shall include the
following:
a) A cradle, tow plate or tow sling to pick up motor
vehicles. The cradle, tow plate or tow sling shall be equipped
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with safety chains and constructed in such a manner that it will
not damage the motor vehicle to be towed.
b) Dual rear wheels .
c) Clearance and marker lights and all other equip-
ment as required by Chapter 316, Florida Statutes .
d) A rotor beam or strobe-type light, amber in color,
mounted on the wrecker in such a manner that it can be seen from
the front, rear, and both sides.
e) The name, address and telephone number of the
wrecker operator shall be painted or permanently affixed in a
conspicuous place on both sides of the trucks as required by
Section 713.78(2) , F.S. •
f) At least one heavy duty push broom with a minimum
width of twenty-four (24) inches .
g) One square shovel.
h) One ax.
i) One crowbar or prybar with a minimum length of
thirty (30) inches .
j ) Minimum of one (1) five pound CO2 or dry chemical
fire extinguisher or equivalent. Must be approved type and have
a current inspection tag attached.
k) One pair of bolt cutters with a minimum opening of
1/2 inch.
1) One set of jumper cables .
m) One four-way lug wrench.
n) One flashlight.
o) Five thirty minute fuses .
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p) One snatch block for each winch with manufactur-
er' s rating to match winch.
q) Extra towing chain six to eight feet in length
with hooks .
r) At least three (3) safety cones or triangle
reflectors .
s) Fifty pounds of sand or petroleum absorbent.
(2) Class "A" Wreckers - for the removal of cars and light
duty trucks and vehicles weighing 10, 000 pounds gross vehicle
weight or less . Specifications and equipment in addition to
requirements outlined in subparagraph (C) (1) of this section,
shall be as follows :
a) A truck chassis with a manufacturer' s rated
capacity of at least 10 , 000 pounds gross vehicle weight. A
complete, commercially manufactured boom and winch(es) having a
manufacturer ' s combined rating of at least 4 tons must be mounted
on the chassis. Hand crank winches do not satisfy these require-
ments and will not be approved.
b) A minimum of one hundred feet of 3/8 inch cable.
c) Dollies .
d) Flood lights on the hoist.
e) Vehicles which are equipped with wheel lifts or
the equivalent may also qualify as Class A tow trucks so long as
they are equipped with a boom and all other applicable require-
ments are met. Wheel lifts shall be rated at a minimum of 3, 000
pounds lift capacity and must utilize wheel safety straps when
lifting vehicles by the wheels only.
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f) Operators who wish to remove cars and light trucks
may have, in addition, a roll-back or slide-back carrier
truck/trailer with specifications and the equipment as provided
in subparagraph (C) (3) of this section.
(3) Class "A" Roll-Back or Slide-Back Wreckers - for the
removal of cars and light duty trucks and vehicles weighing
10, 000 pounds gross vehicle weight or less . Specifications and
equipment for roll-back or slide-back carriers in addition to the
requirements outlined in subparagraph (C) (1) of this section
shall include the following:
a) A truck chassis with a manufacturer' s rated
capacity of at least 10, 000 pounds gross vehicle weight with a
minimum of a sixteen (16) foot bed, dual rear wheels and a winch
with at least 8, 000 pound capacity.
b) A minimum of 50 feet of 3/8 inch cable.
c) A minimum of two safety tie-down chains of at
least ten (10) feet each in length.
d) Two spot (flood) lights mounted on the rear of the
carrier.
e) A roll-back or slide-back carrier trailer shall
meet the following requirements :
1) A commercially manufactured carrier trailer with a
rated capacity of at least 8, 000 pounds gross vehicle weight with
a minimum sixteen (16) foot bed. A winch with at least 8,000
pound capacity.
2) A minimum of 50 feet of 3/8 inch cable.
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3) Brakes and trailer lights which meet the minimum
statutory requirements of Florida law.
4) Safety chains .
5) Must be towed by and used in conjunction with an
approved wrecker that meets or exceeds the class of the vehicle
to be towed.
(4) Class "B" Wreckers - for removal of medium duty trucks
or vehicles weighing 20, 000 pounds gross vehicle weight or less .
Specifications and equipment in addition to the requirements
outlined in subparagraph (C) (1) of this section, shall be as
follows :
a) A truck chassis with a manufacturer' s rated
capacity of at least 20 , 000 pounds gross vehicle weight. A
complete, twin-winch, commercially manufactured boom and winches
having a manufacturer' s combined rating of at least ten (10) ton
capacity mounted on the chassis .
b) A minimum of one hundred feet of at least 1/2 inch
cable on each drum.
c) One set of scotch blocks for wheels or hydraulic
rear-extendable scotch blocks .
d) Flood lights on the hoist.
(5) Class "C" Wreckers - for the removal of heavy duty
trucks, house trailers , buses, etc. , weighing over 20,000 pounds
gross vehicle weight. Specifications and equipment in addition
to the requirements outlined in subparagraph (C) (1) of this
section, shall be as follows :
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a) A truck chassis with a manufacturer' s rated
capacity of at least 30 , 000 pounds gross vehicle weight and
30, 000 pounds gross vehicle weight for tandem axle trucks. A
complete, twin-winch, commercially manufactured boom and winches
having a manufacturer' s combined rating of at least 25 ton
capacity mounted on the chassis .
b) A minimum of two hundred feet of at least 5/8 inch
cable on each drum.
c) Air brakes so constructed as to lock the rear
wheels automatically upon failure.
d) External air hookup and hoses, to supply air to
disabled vehicles .
e) One set of scotch blocks for wheels or hydraulic
rear-extendable scotch blocks .
f) Flood lights on the hoist.
(D) In the event that the operator removes wrecked or
disabled vehicles on a rotation basis for the Florida Highway
Patrol (FHP) or the police departments of the City of Key West or
the City of Layton and any of those entities have mandatory
equipment requirements in conflict with the requirements of this
ordinance, and failure to comply with the FHP or municipal
requirements would result in the operator being removed from the
FHP or municipal rotation list, then the operator may comply with
the FHP or municipal requirements , but only to the extent of the
conflict, without violating the terms of this ordinance.
(E) This section only applies to wrecker operators provid-
ing towing services to law enforcement agencies.
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Section 3. Insurance requirements.
No person shall for compensation recover, tow, or remove a
motor vehicle , or provide motor vehicle storage or otherwise
function as a wrecker operator until that person maintains in
effect an insurance policy or policies which shall insure that
person for its liability at a minimum:
(A) For each tow truck, combined single limit of $500 , 000 ;
(B) For garage keeper' s liability, in an amount not less
than $50 , 000 for each loss covering perils of fire and explosion,
theft of a motor vehicle and parts or contents, riot and civil
commotion, vandalism, malicious mischief, and for on-hook pro-
tection.
Section 4. Rates .
(A) For the removal and storage of wrecked or disabled
motor vehicles or for the removal and storage of abandoned motor
vehicles at the request of a law enforcement officer, the maximum
rate that may be charged by a wrecker operator is :
CLASS A Wrecker Service
Base Rate $85. 00
(maximum charge anytime a
wrecker is called to a site)
Inside Storage (per day) $30 . 00 plus $2 per foot
after the first 6 hours for motor vehicles over
20 feet long
Outside Storage (per day) $20 . 00 plus $1 per foot
after the first 6 hours for motor vehicles over
eet ong
8
Administration fee per $25 .00
notification
Mileage Rate from wrecker $2. 00 per mile
station to site and return
Per hour charge beginning $85 .00
30 minutes after arrival
on site, in 1/4 hour incre-
ments
CLASS B Wrecker Service
Base Rate $120.00
(maximum charge anytime a
wrecker is called to a site)
Inside Storage (per day) $30. 00 lus $2 er foot
after the first 6 hours or motor ve is es over
20 feet long
Outside Storage (per day) $20. 00 plus $1 per foot
after the first 6 hours tor motor vehicles over
meet long
Administration fee per $25. 00
notification
Mileage Rate from wrecker $3. 00 per mile
station to site and return
Per hour charge beginning $120 . 00
30 minutes after arrival
on site, in 1/4 hours incre-
ments
CLASS C Wrecker Service
Base rate $385 .00
(maximum charge anytime a
wrecker is called to a site)
Mileage Rate from wrecker $3.50 per mile
station to site and return
Inside Storage (per day) $30. 00 plus $2 per foot
after the first 6 hours tor motor vehicles over
20 feet long
Outside Storage (per day) $20 . 00 plus $1 Der foot
after the first 6 hours for motor vehicles over
20 feet long
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Administration fee $25 .00
per notification
Per hour charge beginning $200. 00
30 minutes after arrival
on site
The daily storage rate must be prorated in 6 hour increments when
the vehicle is retrieved by the owner or his agent.
The administrative fee may only be charged when notice is sent by
the operator to the motor vehicle owner and any lienholder(s) .
In the event a law enforcement officer needs a tow truck for
a towable violation, and once the towing service has been re-
quested by the officer at the violation site and the operator has
advised the officer that he is en route to the request, should
the owner or driver of the motor vehicle in violation return to
the vehicle site before the operator has arrived at the motor
vehicle, or before the operator has departed with the vehicle,
and upon the officer' s authorization to release the vehicle to
the owner or driver, then the owner or driver of the vehicle
shall pay a charge of not more than one-half of the maximum rate
for the class of towing service called for.
(B) The provisions of this section only apply to the rates
charged for towing and storage service called for at the request
of a law enforcement officer. In all other situations the
provisions of this section do not apply and the parties may
negotiate prices and rates as in other ordinary service con-
tracts.
(C) Every wrecker operator shall conspicuously display at
his place of business the maximum charges which he may impose for
the towing and storage services covered by this ordinance.
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Section 5 . Jurisdiction.
The provisions of this ordinance shall apply to all wrecker
operators providing towing and the removal of motor vehicle
service and motor vehicle storage in the unincorporated area of
Monroe County, Florida, at the request of ' a law enforcement
operator. In the case of an operator who provides towing and
removal service covered by this ordinance in the unincorporated
area but provides motor vehicle storage service within a munic-
ipality, this ordinance shall govern the storage service unless
the municipality has adopted and maintains in effect ordinances
or regulations governing the same subject matter. In the case of
an operator who provides towing and removal service within a
municipality at the request of a municipal police officer but
provides motor vehicle storage for vehicles so removed in the
unincorporated area and the municipality has adopted and
maintains in effect ordinances or regulations governing the
storage of motor vehicles towed at the request of a municipal
police officer, then the operator shall follow such municipal
ordinances or regulations . If the municipality has neither
adopted nor maintained such ordinances or regulations governing
the storage of vehicles towed at the request of a municipal
police officer, then the applicable provisions of this ordinance
shall govern the storage of such vehicles .
Section 6. Penalties.
This ordinance may be enforced by the Florida Highway Patrol
and the Sheriff' s office. Violations shall be prosecuted in the
same manner as misdemeanors are prosecuted. Violations shall be
11
prosecuted in the name of the state in a court having jurisdic-
tion of misdemeanors by a prosecuting attorney thereof and upon
conviction shall be punished by a fine not exceeding $500 or by
imprisonment in the county jail not to exceed sixty (60) days or
by both such fine and imprisonment.
Section 7. 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 8. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
said conflict.
Section 9. 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 10. 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 of said Board held
on the 19th day of October , A.D. , 1994.
Mayor London absent
Mayor Pro Tem Cheal yes
Commissioner Harvey yes
12
Commissioner Freeman yes
Commissioner Reich yes
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By 8W•ridegiunictAit....4) Byee Mayor Pro Tem
EFFECTIVE DATE
viiwreckerii
APPROVED AS 0 FORM
13
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Ak\.�•1.iyw e.
GOUNT).,.'s
' .i GJ•�gJJM CU'Q''''' yY
J o�9OE counrr``.
Manny IL. 3ot1jage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145
TEL. (305) 292-3550
November 3, 1994
CERTIFIED. MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Fl. 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No. 022-1994.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on October 19, 1994.
Please file for record.
Danny L.Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
-461"1
ep�aty Jerk
cc: Municipal Code Corporation
County Commissioners
Sgt. Tom Reilly, Florida Highway Patrol
1 Sheriff Rick Roth
j Police Chief Ray Peterson, City of Key West
Police Chief Robert Barone, Sr.,City of Key Colony Beach
Mayor Peter Reiley, City of Layton
County Administrator
County Attorney
• . • - P 891 255 126 891 255 �,2 r
Receipt for Receipt for
Certto ified Mail Certified Mail
. No Insurance Coverage Provided �i No Insurance Coverage Provided
Do not use for International MailPOSTAL Do not use for International Mail
=Dm (See Reverse) (See Reverse)
Sent to Sent to
MRS. LIZ CLOUD MUNICIPAL CODE CORPORATION
Street and NoA MIN.CODE/LAWS Street and No.
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FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
Tallahassee, Florida 32399-0250
(904) 488-8427
November 9 , 1994
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr . Kolhage :
Pursuant to the provisions of Section 125 . 66 , Florida Statutes ,
this will acknowledge your letters of November 3 and 4 , 1994
and certified copy each of Monroe County Ordinance Nos .
•• 48 ►2 1 94 , 027-1994 and 028-1994 , which were filed in this
office on November 9 , 1994 .
Sincerely,
%.i12 L,t:Ji.Iil, L11].E-'L
Bureau of Administrative Code
LC/mw
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MUNICIPAL CODE CORPORATION
�
Supplement Department � fp,li.y�' ;I• ., ,or r�c ,
RD Box 2235 �' ��p°,
NOV�4'94 m? i ov <
K
Tallahassee, F1 32316 2235
Supplement 54 11/11/94 ALP' PB.s""bz'zza---
We have received the following material.
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Thank you for your assistance and cooperation.
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Ordinance No. 022-1994. •
TO:
Ms. Ruth Ann 3antzen
Deputy Clerk
Monroe County
• PO BOX 1980
Key West, FL 33040
1-800-262-CODE ;National; • KTT
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P NOTICEOF INTENTION TO CONSIDER .
. , 74
t ADOPTION OF COUNTY ORDINANCE ,
NOTICE IS HEREBY GIVEN.TO-WHOM ITe MAY CONCERN
9 that on Tuesday,August 16,1994,at l O:Uo t the Key Laigo Library,
Tradewinds Shopping Center,Key Largo,Florida,on Wednesday,Sep-
tember 21,1994,at 10:00 A.M.at the Marathon Government Center,2798
Overseas Highway101:00A.M,Marathattheonoli Flday Iorinn da, d so Wedy,Oob ,
'1994,at . H Baneachside,3841dnes North ct Rooseveer19lt
Boulevard,Key West,Florida, the Board of County Commissioners of
RE IVEAVI11 Monroe County,Florida,intends toconsidertheadoptionofthefollowing
4 County ordinance: 1
ORDINANCE NO. 1994
• DAGNY WOLFF AUG 1 94 1 AN ORDINANCE REGULATING WRECKER OPERATORS IN j
Editor&Publisher BOX yi MONROE COUNTY WHO PROVIDE MOTOR VEHICLE TOWING I
�URCHASIr r AND STORAGE SERVICES AT THE REQUEST OF LAW ENFORCE-
lt. ;MENT OFFICERS BY ESTABLISHING EQUIPMENT STANDARDS t1
1 AND RATES;PROVIDING FORSEVERABILITY;PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT' HEREWITH;.
1 PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE;AND PROVIDING AN EFFECTIVE DATE. -
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PROOF OF PUBLICATION ( Pursuant to Section 286.0105,Florida Statutes,notice is given that if
a person decided to appeal any decision made by the Board with respect to
4 any matter considered at such hearing or meeting,he will need a record of
i the proceedings,and that,for such purpose,he may need to ensure that a
STATE OF FLORIDA ) verbatim record of the proceedings is made,which record includes the
COUNTY OF MONROE ) i testimony and evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for review at
1 the various public libraries in Monroe County,Florida. ,
Before the undersigned authority personally appeared_DAGNY` DATED at Key west,Florida,this 26th day of July,1994.
DANNY L.KOLHAGE
, who on oath, says that she is_EDITOR&PUI Clerk of the Circuit Court
of THE REPORTER,a weekly newspaper published at Tavernier,Mon and ex officio Clerk of the
that the attached copy of advertisement,being a_LEGAL AD Board of County Commissioners
I of Monroe County,Florida
IN THE MATTER OF NOTICE OF INTENTION_
IN THE Court,was published in said Published:8/4 and 8/11/94
newspaper in the issues of 8/4 AND 8/11/94 Tavernier,FL 33070 -
Affiant further says that the said REPORTER is a newspaper publish)
at Tavernier,in said Monroe County,Florida, and that the said newspap . - -- ---
heretofore been continuously published in the said Monroe County,Flor
each week(on Thursday), and has been entered as second class mail maLi—ac--- -- - -
the Post Office in Tavernier,in said County of Monroe,Florida,for a period of
one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that he has neither paid nor promised any firm,person,or
corporation any discount,rebate,commission or refund for the purpose of securing
Txj
this said advertisement for publication in the said newspaper.
s
(ID *r
L
SWORN TO AND SUBSCRIBED BEFORE ME THIS %; Rl
_11TH_DAY OF_AUGUST A.D.,1994_ o �;
/
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CD
NOTARY PUBLIC
ks'tAItr i'taLLK 1IA1F Of FlOkillA AI LA:t.l
MY ecAiiiii5,iON gXPiRt:3 fit ilLsAltY 05,19Sfi
MY COMMISSION EXPIRES:Otdnsr3 atrr►i a[aastrs F:nTAnv litOiZHRAr}6
•
•
. NOTICE OF INTENTION TO CONSIDER '
• ADOPTION OF COUNTY ORDINANCE '
I NOTICE IS HEREBY GIVEN T WHOM ITMAY CONCERN that
' on Tuesday,August 16, 1994,at 10:00`-A-:.., t the Key Largo,Library,
Tradewinds Shopping Center,Key Largo.Florida.on Wednesday.Sep-
,•iember 21,1994,at 10:00 A.M.at the Marathon Government center.2798
Overseas Highway,Marathon,Florida,and on Wednesday,October 19,
i 1994,at 2:00 P.M.at the Holiday Inn Beachside,3841 North Roosevelt
Boulevard,Key West.FLorida,the Board of County Commissioners of Monroe County,Florida,intends to consider the adoption of the following County ordinance:
ORDINANCE NO. 1994
AN ORDINANCE REGULATING WRECKER OPERATORS IN
MONROE COUNTY WHO PROVIDE MOTOR VEHICLE TOWING •
AND STORAGE SERVICES AT THE REQUEST OF LAW ENFORCE- I
0se0
pv'r
AND RAMENTOTES PROVIDING R SEVERABILITYE OVID FOR BY ESTABLISHING EQUIPMNT STANDARDS ;
REPEAL OF ALL ORDINANCES
O INCONSISTENT HEREWITH:PROR NG -
DAGNY WOLFF VIDING FOR INCORPORATION INTO THE MONROE COUNTY
Editor&Publisher BOx CODE;AND PROVIDING AN EFFECTIVE DATE.
•
Pursuant to Section 286.0105,Florida Statutes,notice is given that if
a person decided to appeal any decision made by the Board with respect to any matter considered at such hearing or meeting,he will need a record of '
'rt'I� PROOFOF the proceedings,and that,for such purpose,he may need to ensure that,a
STATEMENT OF verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
STATE OF FLORIDA ) Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County,Florida.
COUNTY OF MONROE • DATED at Key West.Florida,this,26th day of July.1994.
Before the undersigned authority personally appeared DAC DANNY L.KOLHAGE
Clerk of the Circuit Court
EDITOR and PUBLISHER of THE REPORTER, a and ex officio Clerk of the
advertising published at Tavernier, Monroe County, Florio Board of County Commissioners ,
being a LEGAL ADVERTISEMENT of Monroe County.Florida
Published: 10/6/94
The Reporter -
, Tavernier.FL 33070 • '
IN THE MATTER OF NOTICE OF INTENTION
IN THE Court,was published in said new;
Affiant further says that the said REPORTER is a newspaper publlstlea au 1avcuun,i, ... .....— _____ .
County, Florida, and that the said newspaper has heretofore been continuously published in the said
Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at
the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement;
and affiant further says that he has neither paid nor promised any firm, person, or corporation any
discount, rebate,commission or refund for the purpose of securing this said advertisement for publication
in the said newspaper.
SE '
-".--, / —_____._....
S �N TO A�7D SUBSCRIBED BEFORE ME THIS 6TH_ DAY OF OCTOBER_A.D.,1994_
W -
CD O
W "'
AC-it _r r.._ A.' 11(9-0)(-9---- ,
CD �-L, NOTARY PUBLIC
LI_ V � Q TAN Y T'ld:ii,k t VAT: Ot FtO tt3�Al LARGE e
C) O Z• --I MYMY�t�°.V..tIiaiai�A&Xt'1:!9!S FIIaRUARY OS. 1995
W Z��� MY COMMISSION EXPI� wn 11 Ru fog;,,t,.s NOrARY MOSORAr3:
'Si.
<L Z
FA CD
l-
. .
. ... .
.: 74 •
ii:".e
1-41/Afetiiiit -
SERVING THE UPPER KEYS
DAGNY WOLFF FOR OVER 20 YEARS
•Editor&Publisher BOX 1197 • TAV E RI I ER, Fa. 33070
(305) 85, 13246 o
FAX 8524249 Ecn, .Tl
w C.)
-C , .
. C.
PROOF OF PUBLICATION --
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared_DAGNY WOLFF
, who on oath, says that she is EDITOR &PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County,Florida:
that the attached copy of advertisement,being a_LEGAL AD
IN THE MATTER OF NOTICE OF INTENTION ,
IN THE Court, was published in said , NOTICE OF INTENTION TO CONSIDER ,
ADOPTION OF COUNTY ORDINANCE
newspaper in the issues of 9/894_. NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN,
Affiant further says that the said REPORTER is a newspaper publi that on Tuesday,August 16,1994,at10:00A.M.at the Key Largo Library,,
at Tavernier,in said Monroe County,Florida, and that the said newspl Tradewinds Shopping Center,Key Largo,Florida,on Wednesday,Sep-
heretofore been continuously published in the said Monroe County,Fl tember21,1994,at10:00At.M.attheMdarathonGovernmentCenter,2798,
each week(on Thursday), and has been entered as second class mail n overseas Highway;Marathon,Florida,and on Wednesday,October 19,'
1994 at 10:00 a.m.at the Holiday Inn Beachside,3841 North Roosevelt
the Post Office in Tavernier,in said County of Monroe, Florida,for a Boulevard,Key West,Florida, the Board of County Commissioners of i
one year next preceding the first publication of the attached copy of ad Monroe County,Florida,intends to consider the adoption of the following
and affiant further says that he has neither paid nor promised any firm;county ordinance:
ORDINANCE NO. 1994
corporation any discount,rebate,commission or refund for the purpost AN ORDINANCE REGULATING WRECKER OPERATORS IN
this said advertisement for publication in the said newspaper. `MONROE COUNTY WHO PROVIDE MOTOR VEHICLE TOWING
AND STORAGE SERVICES AT THE REQUEST OF LAW ENFORCE-
MENT OFFICERS BY ESTABLISHING EQUIPMENT STANDARDS
' AND RATES;PROVIDING FOR SEVERABILITY;PROVIDING FOR
REPEAL OFALL ORDINANCES INCONSISTENTHEREWITH;PRO-
SEAL ' VIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE;AND PROVIDING AN EFFECTIVE DATE -
SWORN TO AND SUBSCRIBED BEFORE ME THIS
Pursuant to Section 286.0105,Florida Statutes,notice is given that if
a person decided to appeal any decision made by the Board with respect to
_8TH_DAY OF_SEPTEMBER_A.D., 1994 'any matter considered at such hearings or meetings i will need a record
of the proceedings,and that,for such purpose,he ay need to ensure that
a verbatim record of the proceedings is made,w tch record includes the
testimony and evidence upon which the appeal.s to be based. 1
Copies of the above-referenced ordinance are available for review atl
the various public libraries in Monroe County,Florida.
i
NOTA' "c'. _C DATED at Key West,Florida,this 26th day of July,1994.
• DANNY L.KOLHAGE
OFFICA�� Clerk of the Circuit Court,
MY COMMISSION EXPIRES: NOT, : CAROL NOS Y- . and ex officio Clerk of thel
: -w I' ' L -- Board of County Commissioners,
tbyy COMMIS ION No O PLORI ' of Monroe County,Florida
SION Rx•P IU2909 Dq i
Published:9/8/94 • i
2,1997 ,' The Reporter
Tavernier,FL 33070
•
PROOF OF PUBLICATION•
•r
• • THE FLORIDA KEYS KEYNOTER . •
Published' Twice Weekly o �'
MARATHON, MONROE COUNTY, FLORIi _ C
c a C./1
tJv C)
CD
STATE OF FLORIDA ) o C -
— x Z�.
•
COUNTY OF MONROE) _ XJ
- ''i
<: c-
0
I.) ,7)
Before the undersigned authority personally appeared Torn Tuell • who on oath, says that he/she i
•
Editor_ of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice Of Intention To
Consider Adoption Of County Ordinance
IN THE MATTER O.F• - Ordinance ilegulatin Wrecker Oeerators In Monroe County in the
Court was ,published in said newspaper in the issues of
September 10, 1994
•
no.0302900
NOTICE OF INTENTION
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper TO CONSIDER ADOPTION ,
OFCOUNTYORDINANCE_
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- NOTICE IS HEREBY GIVEN TO
, WHOM IT-MAY CONCERN that
-on Tuesda ,August 16,1994,et
paper has heretofore been continuously published in said MONROE COUN- brraryy,Tr dewinds Shopping gCCon-
ter, Key Largo, Florida, on
TY, FLORIDA, twice each week (on Wednesdayand Saturday) and has been wednasdayy.� September 2r,
19 thon o ernm a.m. ,i the Mere-'
Government.Center,=2798'
entered as second class mail matter at the post office in MARATHON, in Overseas Highway, Marathon;
Florida and on Wednesday,Oc-.
toter 19Holiday inn Beachside,3841;994,at 10:00 a.m.at
said MONROE COUNTY, FLORIDA, for a period of one year next preceding the Holi
North:Roosevelt-Boulevard Key
West,Florida,the Board of Coun- '
the first publication of the attached copy of advertisement; and affiant fur- to CO. onersa 11.
s Monroe;
der Florida.Florit int f the o I on
sides a adoption of the follow-,
ther says that he has neither paid nor promised any person, firm, or corpo- , ing County ordinance:
ORDINANCE NO. -1994
ration any discount, rebate, commission or refund for the purpose of secur- •AN ORDINANCE REGULATING
WRECKER OPERATORS IN
ing this advertisement for publication in the said newspaper.(SEAL) MONROE COUNTY WHO PRO-
VIDE MOTOR VEHICLE TOWING
AND STORAGE.SERVICES AT
THE REQUEST OF LAW EN-
FORCEMENT OFFICERS BY ES-
TABLISHING EQUIPMENT
STANDARDS AND RATES:PRO-
VIDING FOR SEVERABILITY'
PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSIS-
TENT HEREWITH; PROVIDING -
FOR INCORPORATION INTO
(7..... ......"......----..........A THE MONROE COUNTY CODE-
AND.PROVIDING AN EFFECTIVE
MAR
' DATE.
l Ul
MARv IOU SOttBERGER Pursuant to Section 286.0 106,
Florida Statutes, notice,isgiven
that if a person decided-to appeal
A 1141�!C 3mn'1 tp Py -any decision made bythe Board
`+t*'LI:iLsc 1'`j( donr'o S with respect to any.matter con-
t-
seal) IP %,±: Jy � �t�'C��ny ings,si h aw l nehearings
d a anrecco d,ofof the
\� o\r c�, ,Na. CC219643 I proceedings, and that,for such
LL purpose,he may need to ensure
- �� R:fads I,ix� P thate i verbatim record of the pro-
i 7 3 L9 includess,ther testimony and record
dance upon which the appeal is
SWORN TO AND SUBSCRIBED BEFORE ME THIS to be based.
Coppies of the above-referenced
ordinenca are available for review
at the various public libraries in
Monroe County,Florida.
DATED at Key West Florida,this
26th day of July,1994. '
DAY 0 September A.D. 1994_ r_____ DANNYL.KOLHAGE
. Clerk of the Circuit Court
• and ex officio Clerk of the
Board of County Commissioners
. I of Monroe County,Florida
`% Publish:acy1 n 1 er 1994
Florida Keep Sept..10,19r
•
•
1.
L
• PRODF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
•
-7 -t1
--
Before the undersigned authority personally appeared Tom Tuell wlto 3oni oath, say hat he/she is
c':--
r 17 = -7
Editor of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper.published at MARATHON,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being alC t c_e�_o-£_Lnt$'33ii9�to_
Conside-r`Adoptii of cEounty .Ord.
iN THE MATTER OF: Ordinance regulating wrecker operators in iulonro€ County,_ c in the
O
Court was published in said newspaper in the issues of
July 30 _§ August 6s 1994
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper •
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news-
paper has heretofore been continuously published in said MONROE COUN- no.2934000 -
NOTICE OF INTENTION ,
TY, FLORIDA, twice each week (on Wednesdayand Saturday) and has been - TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
entered as second class mail matter at the post office in MARATHON, in NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on Tuesday,August 16,1994,at
said MONROE COUNTY, FLORIDA, for a period of one year next preceding10:00 A.M.,at the Key Largo Li-
brary,Tradewinds Shopping Cen-
ter, Key Largo, Florida, on
+
the first publication of the attached copy of advertisement; and affiant fur- Wednesday, September 21,
1994,at O:a.m. at the Mara-
thon Government Center, 2798
ther says that he has neither paid nor promised any person, firm, or corpo- Overseas Highway, Marathon, •
Florida,and on Wednesday.Oc-
tober 19,1994,at 10:00 a.m.at
ration anydiscount, rebate, commission or refund for the ur ose of recur- the.HolidaY Inn Beachside,3841
P P North Roosevelt Boulevard, Key
West,Florida,the Board of Coun-
ing this advertisement for publication in the said ne spaper.(SEAL) ty Commissioners of Monroe
County Florida. intends to con-
sider the adoption of the follow-
, I ing county ordinance: '
ORDINANCE NO. -1994 i
AN'ORDINANCE REGULATING
WRECKER OPERATORS IN
MONROE COUNTY WHO PRO-
, VIDE MOTOR VEHICLE TOWING
AND STORAGE SERVICES AT
`THE REQUEST OF LAW EN-
FORCEMENT OFFICERS BY ES- '
TABLISHING- EQUIPMENT-
``fft(� LOU -STANDARDS AND RATES;PRO-
VIDING- FOR SEVERABILITY;
"v e� PROVIDING FOR.REPEAL OF
// p .. i ALL ORDINANCES INCONSIS-
TENT pL ��• t,�Xi?, f}�.�.�/;J� TENT HEREWITH; PROVIDING
FOR INCORPORATIONS INTO
(seal) `_: PUati6•�a E4,tipded(/ )$IEr(vtgc_e Ins ANDPROVIDINGAN COUNTY CODE;
/r�`1 No. CC2 19643 I DATE.
�� QJ �/� I
�•�' F C�/' �7��' Pursuant to Section 286.0105,
i/;gemr'!i'd Kistin nl - I Florida Statutes, notice is given
��'V f eta that if a person decided to appeal
SWORN TO AND SUBSCRIBED BEFORE ME THIS any decision made by the Board
with respect to any matter con-
----- ------ sidered at such hearings or meet-
ings,he will need a record of the
proceedings, and that, for such
Purpose,he may need to ensure
9/ that i verbatim record which the pro-
ceeui es h tests on record
/ includes the testimony and evi-
DAY O L A.D. 19 dence upon which the appeal is
to be based.
Copies.of the above-referenced
I ordinance are available for review
* iii,,ezil .(Ar_y at the various public libraries_in
Monroe County,Florida.
DATED at Key West;Florida,this
26th day of July,1994.
- DANNY L.KOLHAGE
Clerk of the Circuit Court
and ex.officio Clerk of the
' Board of County Commissioners
- of Monroe County,Florida
• Publish:July 30&August 6,
1994
' Florida Keys Keynoter
i •
PROOF OF PUBLICATION
. . THE FLORIDA KEYS KEYNOTER .
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
•
•
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared Tom Tuell who on oath, says that he/sh
Editor .. of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHO
•
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice Of Intention__
To Consider Adoption-Of-::County Ordi-n-a-n-ce
•
IN THE MATTER OF: An Ordinance Reguj_gtija_g_21re,ck.er Operators in_INonrge_County in th
Court was published in said newspaper in the issues o
October 8_1 1994 .
no.5974700 .
NOTICE OF INTENTION
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper TO TICEOFIN ADOPTION
OFCOUNTYORDINANCE
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- NOTICE
GIVEN TO
WHOM IT MAY CON that
paper has heretofore been continuously published in said MONROE COUN- 1O:OO day,August 16,1994,at
i 1 ary. r de i the hop n C n-
brery,Tradewinds Shopping Cen-
I- ter, Key Lar�p Ronda, on
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been ter, Key
y September 21.
thou boverrnrrnent Cent r,2798
entered as second class mail matter at the post office in MARATHON, in Overseas
as Highway,t Msara,on.
tober Florida,9, 1994,at 2:00 p.m.at
said MONROE COUNTY, FLORIDA, for a period of one year next preceding the Holiday Inn,at2:Beachside,3841
North Roosevelt Boulevard Key
West,ty Florida,the Board of Coun-
the first publication of the attached copy of advertisement; and affiant fur- CouCommissk era ofa Monnoroe ,
sCderr the adoption of the tfoilow-
ther says that he has neither paid nor promised any person, firm, or corpo- , ing County ordinance:
ration anydiscount, rebate, commission or refund for the purpose of secur- ORDINANCE NO. 1994
AN ORDINANCE REGULATING
ingthis advertisement forpublication in the said t ewspaper.(SEAL) MONK WRECKER OPERATORS WHO IN
MONROE COUNTY WHO PRO-,
VIDE MOTOR VEHICLE TOWING'
AND STORAGE SERVICES AT
THE REQUEST OF LAW EN-'
-FORCEMENT OFFICERS BY ES-'
TABLISHING EQUIPMENT
STANDARDS AND RATES:PRO-
VIDING FOR SEVERABILITY-
PROVIDING FOR REPEAL OF
1,1 ALL ORDINANCES-INCONSIS-
TENT HEREWITH,- PROVIDING
FOR INCORPORATION INTO
AND PROVIIDI NG AN EF FECTIVE
j� DATE.
MARY 1 "i'{ L^,I UER(!E), Pursuant to Section 286.0105,
e: s'•.� lL+� ..v,-L,.�:.J_,1 Florida Statutes notice is given
"•�•,, , , (, E. y� p 1 9n that if a person decided to appeal
J � +. "riy ,,C{•Ft!Yl i...ti : ,{J`.IFj�;4�) any decision made by the Board
if r;j y.,i.+y with respect to any matter con-
1 {,`f I d(iln c d oy .� 1,,(c IRS sidered at such hearings or meet-
ings,he will need a record of the
1V+ r �n219$4 proceedings, and that, for such,
`',r,,l..) ter W,, lVC., �rt��,„�,tt S purpose,he may need to ensure
ter,Wy,AF.,• that a verbatim record of the pro-.'
�,=
r :f'rmil j]au-LA ceedings is made,which record
includes the testimony and evi-,
1 3 t 11 dence upon which the appeal is
SWORN TO AND SUBSCRIBED BEFORE ME THIS to be based
Copies of the above-referenced
-ordinance are available for-review '
at the various public libraries in
Monroe County,Florida.
DATED at Key West Florida,this
26th day of July,1994.
DAY OF October____�_ __ A.D. 19 94 DANNY L.KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the '
Board of County Commissioners
-- --_—__ of Monroe County,Florida
Publish:October 8,1994
1/77
, , ,,re._. Florida Keys Keynoter I
1.
NOTICE OF INTENTION,TO CON-
SIDER
ADOPTION OF COUNTY ,
ORDINANCE
NOTICE. IS- REBY GIVEN TO � : . .;
is fi k 1� s�i''I�J'1'
WHOM IT MAY L. CERN.that on >x ...K?;:_ :�
Tuesday, August 16,1•994, at 10:00 . iX € ITIZEN
' •
9
tember 21, 199'4, at 10:00 a.m. at the
Marathon Government Center, 2798 ; Published DailyOverseas Highway, Marathon, Flor-
ida; and on Wednesday, October 19, - Monroe 1994, at 10:00 a.m. at the Holiday-, I Key West, County, Florida 33040
Inn Beachside 3841rorfh: I
Roosevelt -Boulevar,d ,Key„,,, ,,West,
rf ,.
Florida fnteyds to consider the :.LORIDA .
adoption of*the following County•or --'i
nahcg: .- '
•
di . MONROE:
i ,ORDINANCE NO. 1994 t •
PN ORDINANCE REGULATING
I
WRECKS' ERATIONS IN MON- -
OPErickson, h0 on oath
L undcrsi ned authority person,:q appearedRandy wa'
ROE C•�NTY WHO PROVIDE MO- _, � � ! •_ �� �� ` i + •
i, � a ��i � � � published
,�c � ,
TOR EHICLE TOWING AND s Acvertlsing Manager of I he Ike; J\ est Citizen, daily newspaper published
S .'AGE SERVICES AT THE RE-
QUEST OF-LAW ENFORCEMENT Il IVioni'Oe County, rlonoa, that Inc:: attached CCpy of the adveiiisenlent, being
OFFICERS BY ESTABLISHING 1
;EQUIPM'ENT STANDARDS AND. 1 .
IABILIT PROVIDING FOR SEVER- . 1,440.4.vorN cbrgtrte t- o Tda�wte rde .16. vhc(
'ABILITY;PROVIDING FOR REPEAL ;ter Of 'f C.l / T JJ
:OF ALL ORDINANCES INCONSIS-
1TENT,HEREWITH; PROVIDING •
IFOR INCORPORATION INTO THE Deei-CACOY1Cj .
IMONROE. .000NTY CODE; AND •
;PROVIDING-AN EFFECTIVE DATE: ' I was ,,,, Cnewspaper
to Section 286.0105, Flor- I COUI;, as published in said newspaper in the
ida deci eottoe is eaen that if a i C `� �^�
:person decided to appeal any dgci- I l "lg, -
sion made by the Board with respect !;
to any matter considered at such '
hearings or meetings, he will need a I -
'recbrd of the proceedings, and that,
for such purpose, he may need toen IersayS that the said The Key V',!;S+t Citizen is a i'c,!dspapel' published al Key
sure that a verbatim record of the
proceedings-is made, which record Monroe County, Florida, and that the said nev,/spaper has heretofore been
indludes the testimony and evidence i •
upon which the appeal is. to be Published in said Monroe County, Florida, each day (except Saturdays office
1
'yS and
Copse. . ' a and has been it matter at ; post in
1.� r second-class C '
Copies�of theaboJe-referenced ordi- •layer) i� ��;;�;ed as oCC01�d-C,a.,S iila
Hance are available for review at the I;acid M
various public libraries in Monroe onroe County, Florida, 'Cr a hci'i00 Oi 1 year next preceding the first
County,Florida. t - . 'the attached copy of advertisement; and a f iiani further says that he has
DATED at 'Key West, Florida, this
i '�'n' �ir.
26TH day of July, 1994. _ -,)i•promised any person, firm or corporation any discount, re'oate CCmil commission
DANNYL.KOLHAGE .i� cc • ' , ,, +i�� � �+
Clerk of the Circuit Court and ,the purpose of curing this advertisement for publication in the said
ex officio Clerk of the Board 1
of County Commissioners of i '
Monroe County, Florida
September 11th, 1994 _ _
(Signature of i ffiant)
Sworn to and subscribed before me this / day of 7 t/ I 99`''
1pwi'm6•, NrANCY E.CEIER l€>7nature Cf Notary Public)
MY COMMISSION ItCC 954124
SEi.L '°' EXPIRES:March 9,1953
,p1,0' Banand Tin Notary Pubitc Undo:w hers
(Name of Notary Public)
/ J .
Expires: •
Personally Known - or Produced Identification .
Type of Identification Produced •
NOTICE OF INTENTION TO OUN- - ;
SIDER ADOPTION OF COUNTY ••
DINANCE 1
, J
NOTI IS HEREBY GIVEN TO. , -
WHOM IT MAY-CONCERN"that on• �,,
Tuesday,'August 16, 1994, at 10:00' ' �,"�� ''�,
A.M. at the Key Largo Library, , . - "I Attg a °-"t KFI VEST
Tradewinds Shopping Center, Key • ' ,t )
Largo, Florida, on Wednesday, Sep- ; 6 •
����� ' ITIZEN
Marathon Government Center, 2798
' Overseas Highway, Marathon, Flor- : :
ida, and on Wednesday, October 19, ; Published Daily
1 1994, at 10:00 A.M. at the Holiday .. . 1 •
1 Inn Beachside, 3841 North .West, Monroe County, Florida 33040
Roosevelt Boulevard, `Key West,
'. Florida, the Board of County Corn- •
' missi'bners of Monroe County, Flor-
ida, intends to consider the adoption
of the following County ordinances: : '. I
-;
ORDINANCE NO.-1994- ' . 1 .
AN ORDINANCE REGULATING ' ;E:
WRECKER-OPERATORS IN MON-
ROE COUNTY WHO PROVIDE MO-
TOR VEHICLE TOWING AND , : ned authoritypersonallyappeared RandyErickson, who on oath
STORAGE SERVICES AT THE RE PP
• QUEST OF LAW ENFORCEMENT , - --wing Manager of The Key West Citizen, a daily newspaper published
OFFICERS BY ESTABLISHING
' EQUIPMENT STANDARDS AND , :::County, Florida; that the attached copy of the advertisement, being
RATES; PROVIDING FOR SEVER- '
'ABILITY.; PROVIDING FOR REPEAL '
OF ALL ORDINANCES .INCONSIS- (
TENT HEREWITH; PROVIDING
' NO�1 t-e— ox-. s`�-+Ztil T�1J� — �--QC)�-i.c-'I >
FOR INCORPORATION I HE 1
MONROE COUNTY .CODE; AND 7 C`-
PROVIDING AN EFFECTIVE DATE.
Pursuaht to Section 286.0105, Flor - _I
ida Statutes, notice is given that if a person decided to appeal any deci- COUIt was published in said newspaper in the
,.
sion made by the Board with respect •. ( tl V l �,A •
to any matter considered at such , -�h ,i 1°L
9 Li
hearing or meeting, he will need a )
record of the proceedings, and that, ' -1
for such purpose,he may need to en- -
•rialre`'.fHa`t'a. verbatim record Of .the : 1
proceedings,is-:made, which record - • at the said The Key West Citizen is a newspaper published at Key
includes the testimony and evider:ce '
upon which the appeal is to be: Aunty, Florida, and that the said newspaper has heretofore been
based. in said Monroe County, Florida" each day (except Saturdays and
Copies of the above referenced ordi 1
nance are available for review at the pas been entered as second-class mail matter at the post office in
various public libraries in Monroe
County, Florida. • ' be County, Florida, for a period of 1 year next preceding the first
Dated at Key West,Florida this 26th. ' I
day_of July, 1994. led copy of advertisement; and affiant further says that he has
DANNY L.KOLHAGE
Clerk of thettircuit Court .' li any person,firm or corporation any discount, rebate, commission
• andxofficit7Clerkof the T`_ Ise of securing this advertisement for publication in the said
• Board of County Cgmissioners
of Monroe Ci nty,Florida-)._
July 28th&August 4th, 1994 _ ". - ,
a _
w C-; (Signature.of Affiant)
Sworn to and subscribed before me this day of & c%7�:,.,,-- , 1994.
� � 7z-
//� , (---! 6,. -J •
(Signature of Notary Public)
C• rC GC 354124N^41SSN
SEAL " ' i ..`,�,
"`;•
;,8r,,,t; Bandar!ihru No,a
_ .mbil;und,,x,itrs ame of Notary Public)
Expires: k. :,Personally Known t•L— or Produced Identification •
Type of Identification Produced
SID ER PTION OF COUNTY' _• tl::-7.-* . I:111'3WliST •
' ORDINANCE f.• .•+•+^h+.e. :ti_;�ii
NOTICE--IS HEREBY GIVEN TO • '• • ' tt%
WHOM IT MAY CONCERN that on F 1 �. ITT
Z I J�Tuesday,August 16, 1994, at 10:00 .+�..:4i..•.
A.M. at the Key Largo Library,
Tradewinds Shopping Center, Key •
Largo, Florida, on Wednesday, Sep- ' . .Publishl',ed Daily
tember 21: 1994; at 10:00 a.m.,, at. • - '•• • r -
the Marathon Government Center, "Key West, Monroe County, Florida 33040
2798 Overseas Highway; Marathon, .
Florida, and on Wednesday, October .
19, 1994, at 2:00 p.m. at the Holiday
Inn Beachside, 3841 North
Roosevelt Boulevard, Key West, �1DA
Florida, the Board of County Com-
missioners of-Monroe County, Flor-
ida;intends to consider the adoption
of the following County ordinance: - •
ORDINANCE NO.-1994
AN ORDINANCE REGULATING icerSigned authority personally 'appeared Randy Erickson, who on oath
WRECKER OPERATORS IN MON- % ,•� r West. r' % newspaper
ROE COUNTY WHO PROVIDE MO- )�ertising ivianacei of The Key 1 est Citizen, a oa,iy published
TOR VE-HICLE TOWING .AND
STORAGE SERVICES AT THE RE , Onl'Ce County, Florida; that the attached Copy Ct the advertisement, being
QUEST OF LAW ENFORCEMENT . ..
OFFICERS BY ESTABLISHING
EQUIPMENT STANDARDS AND t
RATES;.PROVIDING FOR REPEAL Of avJ orCIC61.0. e r'•e4wtu•�'-'y' (,�Yre.ele-2 c' Gr.�'�- br-g
OF ALL ORDINANCES INCONSIS-
TENT J
HEREWITH; PROVIDING
FOR INCORPORATION INTO THE
MONROE COUNTY CODE; AND •
.,PROVIDING AN EFFECTIVE DATE. •
COL'rt, Was p.+DliSll d in Said newspaper In the
'-roa-61aiu, ,S,ction;.2.8fi.Q105;•_Fl.or-,:.
person" decided.to.appeal any.'•deci- iI � Q1.�
sion made bythe Board.with respect b�c— q lq•-
to any matter considered at such
hearings'or meetings, he will need a •
record of,the proceedings, and that,. , •
for such purpose,he may need to en- l _
sure that a verbatim record of the lays that the said i he Key West Citizen is a nev.ispaper published at Key
proceedings is made,'which record
includes the testimony and'evidence 'll•oe County, Florida, and that the said newspaper has heretofore been
upon- which Ihe appeal is to be f• ,, i _i % —, i H •
onda, % ��. Saturdays based. • ' fished in said Monroe Count) , Honda, each day (except Satur ays and
Copies of the above-referenced'ordi- ,� 1 ' post office. !i i
Hance are available for review at the ?) and has bCeil entered as SCCOI id-C•aSS i ilaii mailer t,el at ,Ile i� St off
various public libraries in Monroe j Monroe .County, Florida, .fora period of 1 year next preceding the first
County,Florida.'
DATED at Key West, Florida, this e attached Copy of advertisement; and affiant further says that he has
26th day of July, 1994. •
• . DANNY L.KOLHAGE )roil Used any pei•son, 'lrm or corporation any discount, i•eoate, Commission
CexoffcioCe Circuit
rkof he Board rt and e purpose of securing this • advertisement for publication in we said
of County Commissioners of '
Monroe County, Florida;i
October 9th. 1994 ‘- "44117:6;4'111t41":1
�e (Signature of Alfiant)
Sworn n to and subscribed before me this At-/ day of gam'aG� , 1994.
f
. 1;eits - .. viuYE.iEI R Signature of Notary Public)
_.� .•_ MY MMISSION fl CC 354124 .
SEAL "'v4.S-,7,-* EXPIRES:March 9,199a
. V,R II0 '�•, 3ood3d Thru flatly Public Ur.,do.vt iters 1;
(Name of Notary Public)
Expires:
Personally k own .e or Produced Identification
Type of Identification Produced •
; 4
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, August 16, 1994 , at 10 :00 A.M. at the Key Largo Library,
Tradewinds Shopping Center, Key Largo, Florida, on Wednesday,
September 21 , 1994, at 10 : 00 a.m. at the Marathon Government
Center, 2798 Overseas Highway, Marathon, Florida, and on
Wednesday, October 19 , 1994, at 2 : 00 p.m. at the Holiday Inn
Beachside, 3841 North Roosevelt Boulevard, Key West, Florida,
the Board of County Commissioners of Monroe County, Florida,
intends to consider the adoption of the following County
ordinance:
ORDINANCE NO. -1994 = -n
AN ORDINANCE REGULATING WRECKER OPERATORS_;IN rn '
CD
MONROE COUNTY WHO PROVIDE MOTOR VEHICLE n
TOWING AND STORAGE SERVICES AT THE REQUEST OF c)
LAW ENFORCEMENT OFFICERS BY ESTABLISHING "'
EQUIPMENT STANDARDS AND RATES; PROVIDING FOR -0
SEVERABILITY; PROVIDING FOR REPEAL OF ALL N
ORDINANCES INCONSISTENT HEREWITH; PROVIDING &t o
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286 .0105 , Florida Statutes , notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings , he will need a record of the proceedings , and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony , and
evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for
review at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 26th day of July, 1994.
DANNY L. KOLHAGE
Clerk of the Circuit Court and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
DRAFT III Commissioner Cheal
ORDINANCE NO. -1994
AN ORDINANCE REGULATING WRECKER OPERATORS IN
MONROE COUNTY WHO PROVIDE MOTOR VEHICLE
TOWING AND STORAGE SERVICES AT THE REQUEST OF
LAW ENFORCEMENT OFFICERS BY ESTABLISHING
EQUIPMENT STANDARDS AND RATES ; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1 . Definitions .
(A) "Administrative fee" means the charge for notifying a
motor vehicle owner and any lien holders that a wrecker operator
has towed and stored the motor vehicle.
(B) "Commercially manufactured wrecker" means a tow truck
that is :
1) Designed and constructed by a wrecker manufacturer
which offers its wreckers for sale; or
2) Assembled by a business licensed and approved to
assemble and certify wreckers according to manufacturer' s speci-
fications .
(C) "Motor vehicle or vehicle" shall mean any motor vehicle
as described in Sec. 320 . 01(1) , F.S.
(D) "Wrecker" means tow truck.
(E) "Wrecker operator or operator" means the individual,
partnership, corporation, or business entity engaged for hire in
the recovery, towing removal, or storage of wrecked, disabled,
stolen or abandoned motor vehicles . For the purpose of this
ordinance, a hired driver or employee shall be governed by this
ordinance and shall be considered an agent of the wrecker opera-
tor.
Section 2. Wrecker classification and required equip
ment.
(A) Each tow truck owned or maintained by a wrecker opera-
tor shall be commercially manufactured and shall conform to all
other requirements of this section. The requirements of this
section are waived only for those operators with tow trucks which
were purchased before the effective date of this ordinance or
which were under a binding contract to purchase entered into
before the effective date of this ordinance.
(B) All tow trucks shall be equipped with a business-type
communication radio or mobile telephone or cellular telephone.
There shall be one radio or phone for each truck. The equipment
shall be licensed and approved by the Federal Communications
Commission. The mobile radio or telephone shall enable the
wrecker operator to communicate with his trucks within his usual
area of operation. A citizens band radio does not meet the
requirements of this subsection.
(C) Specifications and required equipment shall be as
follows :
(1) ALL wreckers (all classifications) shall include the
following:
a) A cradle, tow plate or tow sling to pick up motor
vehicles. The cradle, tow plate or tow sling shall be equipped
2
with safety chains and constructed in such a manner that it will
not damage the motor vehicle to be towed.
b) Dual rear wheels .
c) Clearance and marker lights and all other equip-
ment as required by Chapter 316, Florida Statutes .
d) A rotor beam or strobe-type light, amber in color,
mounted on the wrecker in such a manner that it can be seen from
the front, rear, and both sides.
e) The name, address and telephone number of the
wrecker operator shall be painted or permanently affixed in a
conspicuous place on both sides of the trucks as required by
Section 713 .78(2) , F.S.
f) At least one heavy duty push broom with a minimum
width of twenty-four (24) inches .
g) One square shovel.
h) One ax.
i) One crowbar or prybar with a minimum length of
thirty (30) inches .
j ) Minimum of one (1) five pound CO2 or dry chemical
fire extinguisher or equivalent. Must be approved type and have
a current inspection tag attached. -
k) One pair of bolt cutters with a minimum opening of
1/2 inch.
1) One set of jumper cables .
m) One four-way lug wrench.
n) One flashlight.
o) Five thirty minute fuses .
3
p) One snatch block for each winch with manufactur-
er' s rating to match winch.
q) Extra towing chain six to eight feet in length
with hooks.
r) At least three (3) safety cones or triangle
reflectors .
s) Fifty pounds of sand or petroleum absorbent.
(2) Class "A" Wreckers - for the removal of cars and light
duty trucks and vehicles weighing I0 , 000 pounds gross vehicle
weight or less . Specifications and equipment in addition to
requirements outlined in subparagraph (C) (I) of this section,
shall be as follows :
a) A truck chassis with a manufacturer' s rated
capacity of at least I.0 , 000 pounds gross vehicle weight. A
complete, commercially manufactured boom and winch(es) having a
manufacturer' s combined rating of at least 4 tons must be mounted
on the chassis . Hand crank winches do not satisfy these require-
ments and will not be approved.
b) A minimum of one hundred feet of 3/8 inch cable.
c) Dollies .
d) Flood lights on the hoist.
e) Vehicles which are equipped with wheel lifts or
the equivalent may also qualify as Class A tow trucks so long as
they are equipped with a boom and all other applicable require-
ments are met. Wheel lifts shall be rated at a minimum of 3, 000
pounds lift capacity and must utilize wheel safety straps when
lifting vehicles by the wheels only.
4
f) Operators who wish to remove cars and light trucks
may have, in addition, a roll-back or slide-back carrier
truck/trailer with specifications and the equipment as provided
in subparagraph (C) (3) of this section.
(3) Class "A" Roll-Back or Slide-Back Wreckers - for the
removal of cars and light duty trucks and vehicles weighing
10, 000 pounds gross vehicle weight or less . Specifications and
equipment for roll-back or slide-back carriers in addition to the
requirements outlined in subparagraph (C) (1) of this section
shall include the following:
a) A truck chassis with a manufacturer' s rated
capacity of at least 10, 000 pounds gross vehicle weight with a
minimum of a sixteen (16) foot bed, dual rear wheels and a winch
with at least 8, 000 pound capacity.
b) A minimum of 50 feet of 3/8 inch cable.
c) A minimum of two safety tie-down chains of at
least ten (10) feet each in length.
d) Two spot (flood) lights mounted on the rear of the
carrier.
e) A roll-back or slide-back carrier trailer shall
meet the following requirements : -
1) A commercially manufactured carrier trailer with a
rated capacity of at least 8 , 000 pounds gross vehicle weight with
a minimum sixteen (16) foot bed. A winch with at least 8,000
pound capacity.
2) A minimum of 50 feet of 3/8 inch cable.
5
3) Brakes and trailer lights which meet the minimum
statutory requirements of Florida law.
4) Safety chains .
5) Must be towed by and used in conjunction with an..
approved wrecker that meets or exceeds the class of the vehicle
to be towed.
(4) Class "B" Wreckers - for removal of medium duty trucks
or vehicles weighing 20, 000 pounds gross vehicle weight or less .
Specifications and equipment in addition to the requirements
outlined in subparagraph (C) (1) of this section, shall be as
follows :
a) A truck chassis with a manufacturer' s rated
capacity of at least 20 , 000 pounds gross vehicle weight. A
complete, twin-winch, commercially manufactured boom and winches
having a manufacturer' s combined rating of at least ten (10) ton
capacity mounted on the chassis .
b) A minimum of one hundred feet of at least 1/2 inch
cable on each drum.
c) One set of scotch blocks for wheels or hydraulic
rear-extendable scotch blocks .
d) Flood lights on the hoist.
(5) Class "C" Wreckers for the removal of heavy duty
trucks, house trailers , buses , etc. , weighing over 20, 000 pounds
gross vehicle weight. Specifications and equipment in addition
to the requirements outlined in subparagraph (C) (1) of this
section, shall be as follows :
6
a) A truck chassis with a manufacturer' s rated
capacity of at least 30 , 000 pounds gross vehicle weight and
30, 000 pounds gross vehicle weight for tandem axle trucks. A
complete, twin-winch, commercially manufactured boom and winches
having a manufacturer ' s combined rating of at least 25 ton
capacity mounted on the chassis .
b) A minimum of two hundred feet of at least 5/8 inch
cable on each drum.
c) Air brakes so constructed as to lock the rear
wheels automatically upon failure.
d) External air hookup and hoses, to supply air to
disabled vehicles .
e) One set of scotch blocks for wheels or hydraulic
rear-extendable scotch blocks .
f) Flood lights on the hoist.
(D) In the event that the operator removes wrecked or
disabled vehicles on a rotation basis for the Florida Highway
Patrol (FHP) or the police departments of the City of Key West or
the City of Layton and any of those entities have mandatory
equipment requirements in conflict with the requirements of this
ordinance, and failure to comply - with the FHP or municipal
requirements would result in the operator being removed from the
FHP or municipal rotation list, then the operator may comply with
the FHP or municipal requirements , but only to the extent of the
conflict, without violating the terms of this ordinance.
(E) This section only applies to wrecker operators provid-
ing towing services to law enforcement agencies .
7
•
Section 3 . Insurance requirements .
No person shall for compensation recover, tow, or remove a
motor vehicle or provide motor vehicle storage or otherwise
function as a wrecker operator until that person maintains in
effect an insurance policy or policies which shall insure that
person for its liability at a minimum:
(A) For each tow truck, combined single limit of $500, 000 ;
(B) For garage keeper' s liability, in an amount not less
than $50 , 000 for each loss covering perils of fire and explosion,
theft of a motor vehicle and parts or contents , riot and civil
commotion, vandalism, malicious mischief, and for on-hook pro-
tection.
Section 4. Rates .
(A) For the removal and storage of wrecked or disabled
motor vehicles or for the removal and storage of abandoned motor
vehicles at the request of a law enforcement officer, the maximum
rate that may be charged by a wrecker operator is :
CLASS A Wrecker Service
Base Rate $85 .00
(miRimtm maximum charge anytime
a wrecker is called to a site)
Inside Storage (per day) $30 .00 plus $2 per foot
after the first 6 hours for motor vehicles over
20 feet long
Outside Storage (per day) $20 . 00 plus $1 per foot
after the first 6 hours for motor vehicles over
20 feet long
8
Administration fee per $25 . 00
notification
Mileage Rate from wrecker $2. 00 per mile
station to site and return
Per hour charge beginning $85 . 00
30 minutes after arrival
on site, in 1/4 hour incre-
ments
CLASS_ B Wrecker: Service
Base Rate $120 .00
(minimum maximum charge anytime
a wrecker ins called to a site)
Inside Storage (per day) $30. 00 plus $2 per foot
after the first 6 hours for motor vehicles over
7feet long
Outside Storage (per day) $20 . 00 plus $1 per foot
after the first 6 hours for motor vehicles over
20 feet Tong
Administration fee per $25 . 00
notification
Mileage Rate from wrecker $3. 00 per mile
station to site and return
Per hour charge beginning $120 . 00
30 minutes after arrival
on site, in 1/4 hours incre-
ments
CLASS C Wrecker Service
Base rate $385 . 00
(minimum maximum charge anytime
a wrecker—isrcalled to a site)
Mileage Rate from wrecker $7:AA 3. 50 per mile
station to site and return
Inside Storage (per day) $30 . 00 lus $2 er foot
after the first 6 hours or motor ve is es over
20 feet long
Outside Storage (per day) $20 . 00 plus $1 per foot
after the first 6 hours for motor vehicles over
20 feet long
Administration fee $25.00
per notification
9
Per hour charge beginning $200 .00
30 minutes after arrival
on site
The daily storage rate must be prorated in 6 hour increments when
the vehicle is retrieved by the owner or his agent.
The administrative fee may only be charged when notice is sent by
the operator to the motor vehicle owner and any lienholder(s) .
In the event a law enforcement officer needs a tow truck for
a towable violation, and once the towing service has been re-
quested by the officer at the violation site and the operator has
advised the officer that he is en route to the request, should
the owner or driver of the motor vehicle in violation return to
the vehicle site before the operator has arrived at the motor
vehicle, or before the operator has departed with the vehicle,
and upon the officer' s authorization to release the vehicle to
the owner or driver, then the owner or driver of the vehicle
shall pay a charge of not more than one-half of the maximum rate
for the class of towing service called for.
(B) The provisions of this section only apply to the rates
charged for towing and storage service called for at the request
of a law enforcement officer. In all other situations the
provisions of this section do not apply and the parties may
negotiate prices and rates as in other ordinary service con-
tracts.
(C) Every wrecker operator shall conspicuously display at
his place of business the maximum charges which he may impose for
the towing and storage services covered by this ordinance.
10
Section 5 . Jurisdiction.
The provisions of this ordinance shall apply to all wrecker
operators providing towing and the removal of motor vehicle
service and motor vehicle storage in the unincorporated area of
Monroe County, Florida, at the request of a law enforcement
operator. In the case of an operator who provides towing and
removal service covered by this ordinance in the unincorporated
area but provides motor vehicle storage service within a munic-
ipality, this ordinance shall govern the storage service unless
the municipality has adopted and maintains in effect ordinances
or regulations governing the same subject matter. In the case of
an operator who provides towing and removal service within a
municipality at the request of a municipal police officer but
provides motor vehicle storage for vehicles so removed in the
unincorporated area and the municipality has adopted and
maintains in effect ordinances or regulations governing the
storage of motor vehicles towed at the request of a municipal
police officer, then the operator shall follow such municipal
ordinances or regulations . If the municipality has neither
adopted nor maintained such ordinances or regulations governing
the storage of vehicles towed at the request of a municipal
police officer, then the applicable provisions of this ordinance
shall govern the storage of such vehicles..
Section 6. Penalties .
This ordinance may be enforced by the Florida Highway Patrol
and the Sheriff' s office. Violations shall be prosecuted in the
same manner as misdemeanors are prosecuted. Violations shall be
11
prosecuted in the name of the state in a court having jurisdic-
tion of misdemeanors by a prosecuting attorney thereof and upon
conviction shall be punished by a fine not exceeding $500 or by
imprisonment in the county jail not to exceed sixty (60) days or
by both such fine and imprisonment. This-Ordlearlfe- xi --a- -be
exfereed---by---the---Coro --Goree--Oeforeement--4).epe-r-t re t--with
violations- rroseeuted- fk -the-County-fie-Fx�€or-e at--Beard:
Violatieas--o-f--this--erdinanee-one -also-4e--tbeeet--0-f--any
aetiee.-at-law- e - q*ri -a i-l-al l-e--under--the--l-a s--of-she-State-ef
Fle ida:
Section 7. If any section, subsection, sentence, clause
or provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Section 8. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
said conflict.
Section 9. The provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 10. This ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this ordinance has been
filed with said Office.
12
p •
,
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the day of _ , A.D. , 1994.
Mayor London
Mayor Pro Tem Cheal
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By Deputy Clerk By Mayor/Chairman
EFFECTIVE DATE
viiwreckerii
APPRC"r.7 r$Y�
13