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Ordinance 030-2000 FILED FOR RECORD 00 JUN -S PH'I: t.r. Board of County Commissioners 030 ORDINANCE NO - 2000 OAtlN'ORDUtM.CE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE c:iljNtij't.(I=l.ORIDA, CREATING THE MONROE COUNTY SHARED ASSET MO~FEiflJ~IfADVISORY BOARD (BOARD); PROVIDING FOR A PROCEDURE AND CRITERIA FOR THE ADVISORY BOARD TO EVALUATE REQUESTS FOR ITEMS AND PROJECTS TO BE PAID OUT OF THE SHARED ASSET FORFEITURE FUND (SAFF); PROVIDING THAT THE BOARD SHALL MAKE RECOMMENDATIONS TO THE COUNTY COMMISSION ON WHICH ITEMS AND PROJECTS SHOULD BE FUNDED OUT OF SAFF; PROVIDING THAT THE COUNTY COMMISSION SHALL REVIEW AND APPROVE OR DISAPPROVE THE BOARD'S RECOMMENDATIONS AND FORWARD THE APPROVED RECOMMENDATIONS TO THE SHERIFF WHO SHALL IMPLEMENT THE SAME UNLESS HE DETERMINES THAT THE ITEM OR PROJECT RECOMMENDED WOULD VIOLATE THE LAW OF THE UNITED STATES OR THE REGULATIONS OF ITS AGENCIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES: AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1.a) There is hereby established the Monroe County Shared Asset Forfeiture Fund Advisory Board (Board) for the purpose of conducting public hearings and making recommendations to the Board of County Commissioners regarding the expenditure of funds in the Sheriff's shared asset forfeiture fund (SAFF) account. b) The Board consists of seven members: one appointed by each county commissioner and two appointed by the Sheriff. The Sheriff's general counsel is the counsel to the Board. The Sheriff shall furnish a secretary to Board to keep the minutes and records of the Board. The Sheriff is the custodian of the Board's records. The Board must annually elect a chairman and vice chairman. The Board may adopt such rules of procedure as it deems necessary and may amend such rules from time to time. The Board members are not entitled to any compensation for their service on the Board but are entitled to reimbursement for expenses pursuant to Sec. 112.061, FS. Section 2. The Sheriff must keep the SAFF in a separate account within the Sheriff's budget. Funds not needed for immediate use must be invested in the same manner as other surplus funds of the Sheriff. The Sheriff must have the account audited as provided by general law and must prepare and furnish all reports required by the applicable laws of the United States and the regulations of its agencies. Section 3.a) It is the intent of the County Commissioners and the Sheriff that only the net annual dividend and interest income received from the principal deposited in the SAFF account be expended. Therefore, as soon as possible after January 1 of each year, the Sheriff shall provide an estimate to the Board of the dividend and interest expected to be available in the upcoming fiscal year, minus a reasonable fee deducted by the Sheriff for his expenses in administering the provisions of this ordinance. b) The Board chairman, in consultation with the Sheriff's general counsel and secretary to the Board, shall call for the public hearings the Chairman deems necessary to provide for an opportunity for suggestions from members of the publiC and interested service providers as to how the available SAFF funds should be spent in upcoming fiscal year. The secretary shall prepare the agenda for each meeting. Notices of the meeting(s) must be published at least one week in advance of the meeting date in a newspaper qualified under Sec. 50.011, FS, in the form required by Sec. 286.0105, FS. The secretary to the Board is responsible for publishing the notices. Meetings may be continued by a majority vote of the Board without a publiShed renotice but only if continued to a time and place certain. c) At the publiC hearings the Board shall entertain proposals on the use of the SAFF funds expected to be available. The Board may only entertain proposals that relate to law enforcement, crime prevention, drug and alcohol abuse prevention and treatment, the mental and physical health of minors and adults, and cultural, artistic, educational, recreational and sports programs for Monroe County youth. After the presentation of the proposals for the use of the SAFF funds, and after the conclusion of publiC input, the Board shall, by majority vote, recommend to the Board of County Commissioners funding for the proposal(s) that the Board determines best serve the public interest and welfare. The recommendation(s) must also include a recommended funding level. Except as provided below, the aggregate funding level may not exceed the Sheriff's estimate of the SAFF net interest and dividend income expected to be available in the upcoming fiscal year. The Board may not recommend a spending level in excess 2 of the Sheriff's estimate (a level which will result in an expenditure of principal) without five or more Board members first voting in favor of such a spending level. The Board may not favorably recommend a proposal that Sheriff's general counsel determines is contrary to the laws or regulations of the United States. The Board must complete their recommendations by May 31 of each year. The Board secretary shall then forward them to the County Administrator. d) The County Administrator shall agenda the recommendations for consideration at a public hearing by the Board of County Commissioners. The County Commissioners may approve or disapprove each recommendation as the County Commissioners determine best serves the public interest and welfare. Except, however, the Board of County Commissioners may not approve recommendations that, in the aggregate, exceed the Sheriff's estimate of the available interest and dividend income without four County Commissioners first voting in favor of a SAFF spending level in excess of the Sheriff's estimate. e) The County Administrator shall forward the County Commissioners' determination on the annual SAFF expenditure to the Sheriff. The Sheriff may not refuse to expend SAFF revenue on those items or projects approved by the County Commissioners unless he determines that an item or project would be in violation of the laws of the United States or the rules and regulations of any agency of the United States. f) For those items or projects approved by the County Commission that require agreements with third party vendors such agreements must be entered into between the vendors and the Sheriff. The Sheriff shall negotiate such agreements containing such terms as the Sheriff determines necessary to ensure that the funds are properly spent on the items or projects approved by the County Commission and spent in accordance with the laws and regulations of the United States. If the Sheriff and the third party vendor cannot reach agreement on the terms of a contract, then the Sheriff shall report that failure to the County Commission. The County Commission may then select an item or project of equivalent or lesser cost that was recommended by the Board but was initially rejected by the County Commission or may vote to provide additional funding for an item or project already approved for the fiscal year. Alternatively, the County Commission may decline to fund another item or project and roll over 3 the funds thereby saved into the SAFF funds available for expenditure in the next fiscal year. If an item or project costing a lesser amount is selected, then any funds thereby saved may be expended by the County Commission on items or projects already approved for the fiscal year or the funds saved may be rolled over into the SAFF funds available for expenditure in the next fiscal year. The Sheriff is also responsible for monitoring and auditing the third party vendor agreements so that items or projects approved by the County Commission are purchased or performed as the County Commission approved and that the laws and regulations of the United States are observed. Section 4. 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 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. 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 7. 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 1 7 day of HRY , 2000. Mayor Shirley Freeman Commissioner Wilhelmina Harvey ,,_,<y~~~_ ~ missioner George Neugent /~ )~C--:0 issioner Mary Kay Reich ft~'d;::-::~:) '~' '.. sioner Nora Williams fl~Lj,j<,~."\',.':'~ '~\{rt~\l ~~,i' {'~e;A.Lr'" ,.('I/i-R \;:~?~ft~St:r'pA:~i~J L.KOLHAGE, Clerk , "~.;~~r:~.<~ ;)/ ..' "",,",.? .f!.. ~.......... YPH yeH yes yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY~~!~ 4 ®FLoRIPA REr3mes KEYNOTER . 030. zao Published Twice Weekly Marathon, Monroe County, Florida no.0716300 NOTICE OF INTENTION TO PROOF OF PUBLICATION • CO COUNTY ORDINANCE ( NOTICE IS HEREBY GIVEN TO, �y WHOM IT MAY CONCERN that J7 STATE OF FLORIDA onWednesday,May 2000, 17, att P nL M at the Key Largo , brary, Tradewinds •Shopping• COUNTY OF MONROE Center, Key Largo, Monroe County, Florida, the Board of County Commissioners of Mon- roe County, Florida, intends to . consider the adoption of the fol- Before the undersigned authority person- lowing County ordinace: all appeared WAYNE MARKHAM who on AN .ORDINANCE OF THE Y PP BOARD OF.COUNTY COMMIS- oath says that he is PUBLISHER of the SIONERS OF MONROE COUN- TY,T FLORIDA, CREATING FLORIDA KEYS KEYNOTER, a twice MONROE COUNTY SHARED ASSET FORFEITURE ADVISO- weekly newspaper published in Marathon RY BOARD(BOARD);PROVID- ING FOR A PROCEDURE AND in Monroe County, Florida: that the CRITERIA FOR'THE ADVISORY BOARD TO EVALUATE RE- attached copy of advertisement was I QUESTS FOR TEMS •AND PROJECTS TO.BEI PAID OUT OFF THE SHARED ASSET FORFEI- published in said newspaper in the issues TURE,FUND (SAFF); PROVID- •ING THAT THE BOARD SHALL of: (date(s) of publication) j MAKE RECOMMENDATIONS TO THE COUNTY COMMIS- SION ON WHICH ITEMS AND PROJECTS SHOULD BE FUND- ED OUT OF SAFF;PROVIDING THAT THE COUNTY COMMIS- /' +_ ' PION SHALL SVIEW AND E •/+J l;ay; l/�l'77(7/) AP- PROVE OR DISAPPROVE THETIONS FORWARDN HE RECOMMENDA- TIONS AND FORWARD THE APPROVED RECOMMENDA- TIONS TO THE SHERIFF WHO Affiant further says that the said FLORIDA SHALL IMPLEMENT THE y SAME UNLESS HE DETERMI- NESTHATTHEITEMORPROJ- KEYS KEYNOTER is a newspaper published ECT RECOMMEDED WOULD VIOLATE THE LAW OF THE p G) --1/ at Marathon, in said Monroe County, i UNITED STATES OR THE REG- t—.- 0 Florida, and that the said newspaper has PROVIDING FOR ITS AGENCIES; - - PROVIDING SEVTHE R I- TY; PROVIDING FOR THE RE- qf—. heretofore been continuously published in PEAL OF AL ORDI ANCESIN- i• < -< C Nsaid Monroe County, Florida, twice each PROVIDING FOR INCORPORA- n• -'7 TION INTO THE MONROE_ C—r— V week (on Wednesday and Saturday) and COUNTY CODE OF NANC S;ANDPROVIDINGAN Q has been entered as a second class mail EFFECTIVE DATE. nr matter at the post office in Marathon, in Pursuant to Section 286.0105, • -'` Florida Statutes,notice is given f 1 CP.. that if a person decided to ap- peal C) Monroe County, Florida, for a period of any decision made by the 1> rti Cti Board with respect to any . - one year next preceding the first r considered at such hearings 0 or he l nee re- publication of the attached copy of cordeof he peoceledings,-aand that,for such purpose.he may advertisement. The affiant further says i need to ensure that a verbatim record of the proceedings is that he has neither paid nor promised any made, which record includes the testimony and evidence person, firm, or corporation any discount, upon which the appeal is to be . based. , rebate, commission or refund for the i Copies of the above-referenced purpose of securing this advertisement for viiewatthe various are available blicfbra= publication in the said newspaper(s) and ( iesin Monroe County,Florida. , that The Florida Keys Keynoter is in full Dated at Key West;Florida,this'! y Y 24th day of April,2000 compliance with Chapter 50 of the Florida DANNY L.KOLHAGE, - Clerk of the Circuit Court and State Statutes on Legal and Official ex officio Clerk fo the Board Advertisements. of County Commissioners of Monroe County,Florida Publish April 29,.May 6,2000. n Florida Keys Keynoter ' �W Sworn o�d s cribed before me this//A y o. 97 , 2000 (SEAL) / jf gaffer//1 a I i r..f.". .1 a F_ tO BEYERLy TRAEGER ks' �)o.c 070242 Notary *....--) cir<szviv-iv Itsmwo 13a re.®. 0 ,4�.�e 030 THE 4 }bar tipper Keys Conueclion PORTER P.O. Box 1197•Tavernier,Florida 33070-1197 (305)852-3216 Fax: (305)852-8240 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE NO:0441900NOTICE ' SHERIFF WHO SHALL i Before the undersi ned authOrl OFINTENTIONTO IMPLEMENTS THE- g �7 CONSIDER SAME UNLESS HE DE- ' personally appeared JACKLYN HARDER :ADOPTION OF COUN- 'TERMINES THAT THE who on oath, says that she is ASSOCIATE NOTICETY I IS HEREBY ' RECOMMENDED PROJECTNANCE i ITEM OR PUBLISHER of THE REPORTER, a weekly GIVEN TO WHOM IT .WOULD VIOLATE THE newspaper entitled to publish legal Wednesday,May 17,CONCERN STATES OR THE RELAW OF THE G- advertising published at Tavernier, 2000,at 3:00 PM at the ULATIONS OF ITS Monroe County, Florida: that the attached Key Largo Library, .AGENCIES;PROVID- Tradewinds Shopping ;ING FOR SEVERABILI- copy of advertisement, being a LEGAL Center,Key Largo,Mon- :TY;PROVIDING FOR NOTICE in said newspaper in the issue of: roe County,Florida,the THE REPEAL OF ALL , Board of County Corn- ' ORDINANCES INCON- missioners of Monroe 'SISTENT HEREWITH; ' County,Florida,intends PROVIDING FOR IN- April 27 & May4 2000 to consider the adoption 'CORPORATION INTO p of the following County 1 THE MONROE COUN- ordinance: TY CODE OF ORDI- AN ORDINANCE OF 'NANCES;AND PRO- Affiant further says that THE REPORTER ;THE BOARD OF COUN- ;VIDING FOR AN EF- is a newspaper published at Tavernier, in TY COMMISSIONERS ' 'FECTIVE DATE. OF MONROE COUNTY, ' Pursuant to Section said Monroe County, Florida, and that the FLORIDA,CREATING . ,286.0105,Florida said newspaper has heretofore been THE MONROE COON- 'Statutes,notice is given TY SHARED ASSET that if a person decided to continuously published in the said FOREFEITUREADVI- appeal any decision Monroe County, Florida, each week (on SORY BOARD , .made by the Board with Thursday), and has been entered as (BOARD);PROVIDING respect to any matter FORA PROCEDURE ,considered at such hear- second class mail matter at the Post AND CRITERIA FOR ings or meetings,he will Office in Tavernier, in said County of THE ADVISORY needarecordofthepro- `7 BOARD OF EVALUATE ceedings,and that,for _ Monroe, Florida, for a period of one year REQUESTS FOR such purpose,he may nextprecedingthe first publication of the ITEMS AND PROJECTS needtoensurethataver- TO BE PAID OUT OF batim record of the pro- attached copy of advertisement; and THE SHARED ASSET ' i ceedings is made,which affiant further says that he has neither FOREFEITURE FUND !record includes the testi- y (SAFF);PROVIDING mony and evidence upon paid nor promised any firm, person, or THAT THE BOARD which the appeal isto be ` ora cor tion anydiscount, rebate SHALL MAKE RECOM- based. pMENDATIONS TO THE 'Copies of the above-ref • - commission or refund for the purpose of jCOUNTYCOMMISSION 'erenced ordinance are , securing this advertisement for ION WHICH ITEMS AND . i available for review at the publication in the said newspaper and that :PROJECTS SHOULD Monroe public yl,Florida. BE FUNDED OUTOF �, County,Florida. The Reporter is in full compliance with ,SAFE:PROVIDING __ _ I ' Chapter 50 of the Florida State Statutes on 'COMMISSION SHALL !daths24th Dated at dayofApriI, , Legal and Official Advertise ents. REVIEW AND AP- '2000. 'PROVE OR DISAP- ! PROVE THE BOARD'S DANNY L.KOLHAGE, RECOMMENDATIONS 'Clerk of the Circuit Court `� AND FORWARD THE , 'and ex officio Clerk of the 4 vp APPROVED RECOM- 'Board of County Com- MENDATIONS• .TO THE ,missioners of Monroe S orn o a d subs'crib before this cou9ty�i�� ra� ' 0{W13 r ' 4 h da of a , 2000. ._ F Anna M Hines 3"�{I•i I, :aveenie t 3 070 (S L) *1,j*My Commission,CC715804 • p � ��� 00 %, "l Expires Mar 31,2002 C€ y4 I t •or r� c Notary _-VCOUNTy�'bJ ?J�'� ,5i eU1p`..tOG '> s kit J 1' � 9y ;V '"► ` ' oy.�E COUtRY•�� ;Danny 1.oIJjage 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 FAX FAX(305)289-1745 TEL.(305)292-3550 F (305)852-7146 FAX(305)852-7146 FAX(305)295-3660 June 5, 2000 Mrs. Liz Cloud, Chief Bureau of Administrative Code&Laws The Elliott Building 401 S Monroe Street Tallahassee FL 32399-0250 Dear Mrs. Cloud, Enclosed please find certified copies of the following: Ordinance No. 030-2000 creating the Monroe County Shared Asset Forfeiture Advisory Board (Board);providing for a procedure and criteria for the Advisory Board to evaluate requests for items and projects to be paid out of the Shared Asset Forfeiture Fund (SAFF); providing that the Board shall make recommendations to the County. Commission on which items and projects should be funded out of SAFF; providing that the County Commission shall review and approve or disapprove the Board's recommendations and forward the approved recommendations to the Sheriff who shall implement the same unless he determines that the item or project recommended would violate the law of the United States or the regulations of its agencies; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Ordinance No. 032-2000 amending Chapter 13, Article III, Monroe County Code, "Noise Control"; repealing existing provisions and creating new provisions regulating unreasonable noise; providing applicability; providing definitions; prohibiting unreasonable noise and requiring soundproofing of commercial structures providing live entertainment or amplified music;'regulating motor vehicle noise emissions; providing emergency exception; providing for special variances; providing for liability, penalties and enforcement; providing for other remedies and citizen suits; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on May 17, 2000. Please file for record. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners CC . Hancock ler Cc: Board of County Commissioners Municipal Code County Attorney Finance County Administrator w/o documents Sheriff's Office Growth Management 032-2000 _ File Z 408 337 355 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemational Mail See reverse rU~ipal Code Corporation Postage Certified Fee Special Delivery Fee l' Restricted Delivery Fee III m Return Receipt Showing to ~ Whom & Date Defivered '5, Return ~ Showing to Whom, <( Date, & Addressee's Address g TOTAL Postage & Fees GO gP~ u.. . ~ ()Jo.c 032.... 2.-.0 o '" In <0 In cO <0 '" ~ '" '" !Xl Cii'> Q)o. a. (j;"@ 1lg: B; ~K Ul > a. a. CD Ul Ul o o 3 (1) ~ <5' :D (1) C 3 :D (1) o (1) ~ ~ ~ :::;; iil ..Q c: ~ CD Q. III ::> Q. . ~ o '"" g ~ l>> :::J ::r g. ~ -0"0 Ul' l>> (1)0- (1). 0 - 0 ""\:Do. r~CD (,)1\)0 1\')1\)0 (,)(,).. .. 01"0 0) g ~ !. 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DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Infonnation Services Division of Licensing MEMBER OF THE FLORIDA CABINET HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach COWlty Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa!Hillsborough COWlty Preservation Board RINGLING MUSEUM OF ART FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS June 9, 2000 Attention: Pam Hancock, Deputy Clerk ~o 2: );> :::o~Z 0,-2': rTl;::l:;-<: ("). r- O~. c:'- __:::o::x: -.. C -f~r- :<. &:J: 'T, . .> r- C':' f~ I'TT 0: o ~ .;r,- --,;:,;;...-,.,,, - r- ,." o " o ::0 ::0 fT1 (") o ::0 o Honorable Danny L. Ko1hage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 No :I ~ _J WI W Dear Mr. Ko1hage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated June 5, 2000 and certified copies of Monroe County Ordinance Nos. 030-2000 and 032-2000, which were filed in this office on June 8, 2000. Sincerely, ~~Q Liz Cloud, Chief Bureau of Administrative Code LC/mp BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos,statefl.us • • • _4 U.S.POS AC:L Municipal Code Corporation a info@sail.sunicode,cos •:JUN13'00 PI PO Box 2235 ` Tallahassee, Fl 32316-2235 - aaseess _" Supplement 68 06/12/2000 We have received the following material through hard copy. Thank you for your assistance and cooperation. Ordinance Nos. 027-2000, 028-2000, 029-2000, TO: 0-030-2000 and 032-2000. MO. Pamela G. Hancock 800-262-2633 fax 850-575-8852 B31 Deputy Clerk. We can print your policy and procedure manuals. Monroe County Let us help you get:your Manuals up-to-date. 500 Whitehead3SStreet Tired of sailing out Codes and Supplement. Key.West, We can distribute them for you for a minimal fee! 132 11�111,r�i�11,11,11�111�11a111,;�. �1�:i1,1��„111111�I�i.�1111111