Resolution 112-2004
RESOLUTION 11 2 -2004
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RESCINDING RESOLUTION 345A-1999 AND
REAUTHORIZING THE ENVIRONMENTAL RESTORATION
FUND AS THE ENVIRONMENTAL LAND MANAGEMENT AND
RESTORATION FUND, AN ACCOUNT WITHIN THE BUDGET
OF THE MONROE COUNTY, MUNICIPAL SPECIAL TAXING
DISTRICT
WHEREAS, the Board of County Commissioners adopted Resolution 345A-1999, on July 22,
1999, establishing a special revenue fund, called the Monroe County Environmental Restoration Fund
[Fund 160], hereinafter called the "Fund"; and,
WHEREAS, Resolution 345A-1999 authorizes revenues for the Fund to come from various
sources, including fees collected for plant transplantation, filling of disturbed salt marsh and
buttonwood wetlands, payment of fees in lieu of plant stock, and environmental fines; and,
WHEREAS, Resolution 345A-1999 limits these funds to environmental restoration and
improvement purposes set forth in the Monroe County Comprehensive Plan and Land Development
Regulations; and,
WHEREAS, the Board of Commissioners has designated large areas in unincorporated
Monroe County for public acquisition of environmentally sensitive lands and resources; and,
WHEREAS, the restoration and management of these lands for conservation and natural
resource protection purposes will require increased funding as the number of acres under County
ownership will be significantly expanded to implement Goal 105 of the Comprehensive Plan; and,
WHEREAS, the content of Resolution 345A-1999 regarding funding sources is limiting and
the language governing the use of the funds too vague for effective and efficient administration of this
fund; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that:
Section 1:
Resolution 345A-1999 is hereby rescinded.
Section 2: The Special Revenue Fund, called the Monroe County Environmental Restoration Fund,
created by Resolution 345A-1999, is hereby re-authorized as the Monroe County Environmental Land
Management and Restoration Fund.
Section 3: The following revenues shall be deposited in the Monroe County Environmental Land
Management and Restoration Fund [Fund 160], hereinafter called the "Fund":
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1. Mitigation fees paid by landowners for placing fill in wetlands and clearing of sites
pursuant to Chapters 6 and 9.5, Momoe County Code;
2. Restoration or transplantation fees paid in lieu of plant stock by landowners pursuant to
Chapter 9.5, Monroe County Code.
3. All monies collected by the Growth Management Division through civil law suits,
consent agreements, or after-the-fact clearing or filling permits, except for penalties and
administrative costs, required to mitigate the environmental damages to wetlands, tree
or hammock resources.
4. Any fines levied for unlawful clearing and filling of environmentally sensitive lands
found by the special master to be irreparable or irreversible in nature.
5. Any fine for an environmental crime when such fine is ordered by the sentencing court
to be paid into the fund.
Section 4: In addition to the revenue described in Section 3 above, the Fund may also accept
grants, donations, gifts, and revenue appropriated or transferred to the Fund by the County
Commission from any lawfully available source.
Section 5: The revenue deposited in the Fund may only be used for restoration and management
activities of public resource protection and conservation lands. These activities include, but are not
limited to the following: clearance and removal of debris, waste, and fill; removal of structures or
other improvements required for site restoration; removal of exotics and invasive specie; purchase of
plant and landscaping materials for restoration of wetlands and upland habitat; installation of plant
materials on site and site restoration; and, the purchase and installation of fences, signs, or other
materials to ensure securing of environmental lands. These funds shall not be used for acquisition of
real property or an interest in real property.
Section 6: Fund revenues for the purchases of goods, services, or improvements to real property
shall only be expended according to general law and to the Board of County Commissioners'
Purchasing Policy and applicable purchasing ordinances.
Mayor Murray Nelson yes
Mayor Pro Tern David Rice yes
Commissioner Charles "Sonny" McCoy yes
Commissioner George Neugent yes
Commissioner Dixie Spehar yes
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PASSED AND ADOPTED by the Board of County Commissioners
Florida, at a regular meeting of said Board held on 17th day of March 2004.
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Clerk
BOARD OF COUNTY COMMISSIONERS
OF MON.iQE COUNTY, FLORIDA
By: ~~(~
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MONROE COUNTY ATTORNEY
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