Ordinance 027-1992 Cr'
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CID ORDINANCE NO. 027 -1992
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Li AN bRDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, DECLARING
AN EMERGENCY EXISTS AND WAIVING NOTICE BY A
FOUR-FIFTH' S VOTE; PROHIBITING THE ACT OF
SELLING OR OFFERING FOR SALE ANY GOODS ,
MATERIALS, OR SERVICES AT PRICES WHICH EXCEED
THE PRICES OF SUCH GOODS , MATERIALS, OR
SERVICES SOLD PRIOR TO AUGUST 24, 1992;
PROHIBITING SUCH ACTS; PROVIDING A PENALTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE; AND PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, on August 24, 1992, South Florida was hit by
Hurricane Andrew, a Category 4 Hurricane, packing winds in excess
of 165 miles per hour;
WHEREAS, as a result of this Hurricane, parts of South
Florida have experienced one of the worst natural disasters in
their history, leaving many homeless , without water, and without
electrical power;
WHEREAS, due to Hurricane Andrew, the supply of electricity
in Monroe County from the mainland will not be back in place for
several weeks and City Electric cannot locally generate enough
electricity to meet the normal demand in the Florida Keys ;
WHEREAS, the citizens of Monroe County are in need of
household goods , materials and services in order to be able to
inhabit their homes and operate their businesses ;
WHEREAS , the availability of goods , services and materials
to our citizens at reasonable prices is absolutely necessary and
required for the health, safety, welfare and comfort of the
community;
WHEREAS, time is of the essence; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1 . An emergency is hereby declared and notice
waived by a four-fifth' s vote.
Section 2 . The selling or offering for sale any goods,
materials or services at prices in excess of those in existence
prior to this natural disaster is unconscionable and against
public policy and is counterproductive to the rebuilding efforts
that are absolutely required for the good order and comfort of
the community, and is hereby declared a nuisance under Secs .
823 . 01 and 823 .05 , Fla.Stat.
Section 3 . The Board of County Commissioners hereby
prohibits the act of selling goods , materials and services at
prices in excess of those in existence prior to August 24, 1992,
Section 4. Provided however, that if it can be demon-
strated by the seller that his cost of the particular goods ,
services or materials has increased since August 24 , 1992 , and
that the price at which those goods , services or materials are
now being sold or offered for sale is a reasonable reflection of
the increased cost to the seller, such sale or offering for sale
shall not be effected by this Ordinance; and provided further,
that any person initially doing business in Monroe County after
August 24, 1992 , shall be exempt from this Ordinance if the
prices at which he sells or offers for sale his goods, services
or materials is no more than the average price of such goods ,
services or materials effective in the County prior to August 24,
1992.
Section 5. Violations of this Ordinance are misdemeanors
of the second degree under Sec. 823.01 , Fla.Stat. , and may
additionally be enforced pursuant to Sec. 60.05, Fla.Stat.
Section 6. 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 7. All ordinances or parts. of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 8. 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 9 . This Ordinance shall take effect when a copy
has been accepted by the postal authorities of the government of
the United States for special delivery by registered mail to the
Department of State of the State of Florida. This Ordinance
shall automatically expire and be of no further force and effect
thirty (30) days after the effective date.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at an emergency meeting of said Board
held on the 27th day of August, A.D. , 1992.
Mayor Harvey YES
Mayor Pro Tem London YES
Commissioner Cheal YES
Commissioner Jones YES
Commissioner Stormont YES
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest : DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: aoltl.1., Y By:
Deputy C erk Mayor/Chairman
EFFECTIVE DATE: AUGUST 27, 1992
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 2002, The Capitol, Tallahassee, Florida 32399-0250
(904) 488-8427
August 31 , 1992 -11
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Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street T . '- .--
Key West, Florida 33040 =
T N70
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr . Kolhage:
Pursuant to the provisions of Section 125 . 66 , Florida Statutes,
this will acknowledge your letter of August 28 , 1992 and
certified copy of Monroe County Emergency Ordinance No. 92-27,
which was filed in this office on August 31, 1992 .
Sincerely,
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Liz Cloud, Chief
Bureau of Administrative Code
LC/mb
Supplement Department
PO Box 2235 , ; ~
Tallahassee, Fl 32316-2235 �_� o--�� o . r ,�
Supplement 46 09/09/92. v _ - is -__ .j U.S.P-O.STAGE'I« _
- �'SEP 10'92 s�i• 1 i<
We have received the following material. 1:0 '., �° 0 9 1z
Thank you for your assistance and cooperation. ALA° PB.867zi�1 I
A r r3 n a n c e_ll�0_:07==199 .1
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Ms. Rosalie L. Connolly •
• Deputy Clerk
• Monroe County
P.O. Box 199G
. Key West, FL
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.return tjiis card to.you. ..
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does not permit. .-
• Writa"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery
• The Return Receipt Fee will provide you the signature of the person delivered
to and the date of delivery. Consult postmaster for fee.
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
• 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O.BOX 379
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)743-9036 KEY WEST,FLORIDA 33040 TEL.(305)852-9253
TEL.(305)294-4641
August 28, 1992
REGISTERED MAIL
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Mrs. Liz Cloud, Chief �/s d/9
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 027-1992,
declaring an emergency of Monroe County,- Florida, declaring an emergency
exists and waiving notice by a four-fifth's vote; prohibiting the act of
selling or offering for sale any goods, materials, or services at prices
which exceed the prices of such goods, materials, or services sold prior to
August 24, 1992, etc.
This emergency Ordinance was adopted by the Monroe County Board of
County Commissioners at a special meeting in formal session on August 28,
1992.
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Very truly yours,
Danny L. Kolhage -
Clerk of the Circuit Court and
ex officio Clerk to the- Board
of County Commissioner:
By:apt. e,. �•-
Isabel C. DeSant s, T -
Deputy Clerk
cc: Municipal Code Corporation County Attorney R. Ludacer
. Sheriff Roth County Administrator T. Brown
Honorable K. Zuelch, State Attorney Mayor W. Harvey
Mayor Pro-Tem J. London Commissioner E. Cheal
Commissioner D. Jones Commissioner J. Stormont
Flee