Resolution 152-2013RESOLUTION NO. 15
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ESTABLISHING A GIFT POLICY FOR DONATION OR,.
LOANS OF WORKS OF ART TO MONROE COUNTY -
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WHEREAS, the Board of County Commissioners recognizes the importance of the development,
preservation, promotion and enjoyment of the arts; and
WHEREAS, Monroe County Ordinance No. 022 -2001 established the Arts in Public Places Committee
as an advisory committee to the County Commission, and
WHEREAS, the Board of County Commissioners acknowledges that in is the public interest for the
county to have a policy for the review, acceptance and placement of gifts of works of art or loans of art to
Monroe County;
WHEREAS, at present there is no applicable policy in place for the donation of pieces of art or for the
loan of pieces of art to the county; and
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
1. The County hereby approves the Policy for Gift or Loan of Public Art to Monroe County,
as attached hereto and made a part hereof as Exhibit "A ".
2. The policy applies when unsolicited gifts of works of art or unsolicited temporary loans
of works of art are offered to the County.
3. The purpose of the policy is to assign the review of proposed works of art to a single
committee, the Arts in Public Places Committee and to provide a structured method for evaluation by that
committee.
4. The policy will serve to evaluate unsolicited works of art rather than have individual
proposers bring every work of art directly to the Board of County Commissioners for approval. The Art
in Public Places Committee will apply the policy to determine whether to recommend a particular work of
art to the Board of County Commissioners for approval.
PASSED AND ADOPTED by the Board of County Commissioner of Monroe County Florida, at
the regular meeting of said Board held on the 15th da May 2013,
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner David Rice
i phy
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BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
By
'Mayor/dairperson
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POLICY FOR GIFT OR LOAN OF PUBLIC ART
TO MONROE COUNTY
This policy is intended to parallel the procedures in place for commission of Works of Art under the
Monroe County Ordinance #022 -2001 and the program for rotating art in public buildings. This policy
applies to all unsolicited offers of donation of artworks except those commissioned by the Art is Public
Places (AIM Program governed by Monroe County Ordinance 022 -2001 regardless of the source of the
artwork or funding for the donated artwork or artwork loaned under the County's rotating art in public
buildings program. Unsolicited gifts to Monroe County can be an important part of the County's an
collection. Proposed gifts of public art shall undergo a review process to ensure that acceptance of such
gifts takes place in a fair and uniform manner. Potential gifts to the County are evaluated as carefully as
works that are purchased or commissioned and undergo a careful review process that evaluates the gift on
acceptance criteria according to the purposes, guidelines, goals and selection process that guides the Art
in Public Places Program as a whole.
The County will not accept monetary gifts.
Procedures for Gifts:
For each proposed gift of public art a written proposal or letter of intent must be submitted to the County
Administrator. The proposal must include specifications of the proposed gift, including: artist, title,
dimensions, materials, date, and proposed location (if appropriate). The Administrator will refer the
proposal to the Art in Public Places (AIPP) Committee through the Arts Council staff for review. The
AIPP Committee will recommend disposition of the offer to the Board of County Commissioners whose
decision is final.
Conflicts of Interest:
Gifts will be accepted by Monroe County as a political subdivision of the State of Florida. No individual
within the County is able to accept gifts. Consideration is given to the context in which the gift is offered
in order to ensure that the gift is not being given to influence or reward Monroe County or members,
employees or elected officials of the County.
Principles on Which Decisions to Accept Memorial or Plaques will be Evaluated:
Memorials can be achieved through gifts of artwork. Monetary donations will not be accepted.
Memorial gifts will be judged on the following criteria to determine appropriateness:
• The memorial represents broad community values and has timeless qualities that are meaningful to
future generations.
• The location under consideration is an appropriate setting for such a memorial; in general, there
should be some specific geographic justification for the memorial being located in a specific site.
Donors of memorials are asked to consider the primary uses of the public space or facility in their request
for a suitable location for the memorial. While the County acknowledges that appropriate memorials
enrich visitor experiences, public open space is a very precious commodity, and monuments, memorials
and plaques will be carefully reviewed to balance these two public benefits to protect the greater good. It
is recognized that a particular location may reach a saturation point for memorials, and therefore the Art
in Public Places Committee may consider limitations or a moratorium of future memorial installations at
that particular location or area.
1
Art in Public Places Committee Review of Potential Gifts:
The Art in Public Places Committee will review potential gifts and recommend acceptance or rejection to
the Board of County Commissioners. A recommendation to accept a gift of public art will be delineated in
an acceptance agreement between the County and the donor. This agreement will describe the terms and
conditions under which the art is to be accepted, including responsibilities for fabrication, installation, site
preparation, insurance, ongoing maintenance, conservation, etc. In cases where a donor has specified a
site for the proposed artwork, the artwork must have the endorsement and approval for installation from
the County division/department that oversees the site and the director of the site's primary resident
organization(s). Specific plans for site design, installation, and maintenance will be submitted for all
necessary approvals. Costs for engineering, inspections, and approvals shall be borne by the donor. The
artwork may not deviate from the proposal approved by the Art in Public Places Committee unless the
Committee approves such change in writing. Works of art accepted on the basis of maquettes or drawings
will be subject to a review process, including inspection by appropriate County officials during
fabrication and installation.
Criteria for Acceptance of Proposed Gifts or Loans of Art:
The review process will ensure that:
• Artworks must be one -of -a -kind or part of an original series. Reproductions of originals are not
considered eligible for acceptance. Under certain circumstances the Art in Public Places Committee
may waive this requirement.
• Gifts must maintain high artistic standards for artworks in the County's public art collection and are
appropriate in relationship or historical relevance to the County.
• The site available is appropriate to the artwork's content, scale, and material. Factors to be
considered in selecting an appropriate site include relationship to architectural and natural features,
visibility and public access, traffic patterns, future development plans for area, if known, and public
use patterns of the site.
• Restrictions from the donor, if any, are clearly identified and acceptable to the County as determined
by AIPP;
• Community groups who generate artwork proposals must show that the surrounding community has
been involved and consulted in the process;
• Costs of installation and maintenance and repair over the expected life of the artwork are defined.
Appeal Policy:
All donors or artists, who believe that the AIPP Committee's consideration of their proposal of a gift was
procedurally unfair, unreasonable or inadequate, may appeal the committee's recommendation of
rejection of the proposed gift. No appeals will be entertained on the grounds of the Committee's aesthetic
evaluation of an existing or proposed artwork.
Appeal Procedure:
Before pursuing a formal appeal, the donors and/or artist should seek an informal resolution by way of the
following procedure:
• The donor and/or artist will first re- examine the Acceptance Guidelines; and
• The donor and/or artist will then informally review the Committee procedure with the Director,
Florida Keys Arts Council within three weeks of the date of written notification of the original
decision on the proposed artwork.
Should no resolution be reached, the donor and/or artist may submit a formal appeal by way of a written
request to the Art in Public Places Committee specifying the date on which an informal review of the
original panel decision was completed, and the factual bases on which the donor claims that the
procedures utilized by the panel in reaching its decision were unfair, unreasonable or inadequate.
The Executive Director, of the Florida Keys Council of the Arts will provide the donor, artist and each
member of the Committee notice, in writing, with at least fourteen days advance notice of the date, time
and place of the appeal in order to enable each of the aforementioned individuals to file written
submissions for consideration and to arrange to appear in order to give a verbal presentation, if desired.
In addition, the Art in Public Places Committee will invite any individual whom it believes may
contribute to the adjudication of the appeal, to appear before it. The deliberations of the Art in Public
Places Committee will be open and available to the public.
Donor Responsibilities and Associated Costs:
For gifts of art to the County the donor is responsible for all costs associated with fabrication and
installation of the artwork or memorial. The donor will also be responsible for engineering specifications,
design and cost of pedestal (or other support / base), identification plaque, special lighting, electrical and
water hookups, structural support meeting all building codes, and landscaping of site. The donor is
responsible for acquiring all City, County, State or Federal permits necessary for the installation of the
work, and for paying all costs associated with such permits.
Maintenance:
The donor shall create, with the assistance of a professional conservator, a maintenance plan for care of
the proposed gift and shall include this plan with its proposal. Exorbitant maintenance costs may be
grounds for rejection of a gift. Once the donation has become part of the permanent collection the County
shall be responsible for the inventory, operational expenses and maintenance requirements, in the sole
discretion of the County.
Acceptance of Gifts of Public Art
Once recommended by the Art in Public Places Committee and accepted by the Board of County
Commissioners, gifts of works of art will be deemed part of the permanent collection of Monroe County
once the donor has supplied the County with the following:
• Written certification of the installation of the artwork;
• A written bill of sale conveying title of the work to the County;
• Written instructions for the care, maintenance, preservation and handling of the artwork prepared
with the assistance of a professional art conservator;
• A sworn statement of no liens, claims or other encumbrances associated with the artwork;
• A written assignment of any and all warranties for materials used or labor performed by
subcontractors or other persons;
• A written assignment conveying all rights, including copyrights and waiver of all rights under the
Visual Artist's Rights Act of 1990 and its amendments (Section 106A of the United States Copyright
Act; Pub. L. No. 101 -650).
Acceptance of Loans of Public Art
Once recommended by the Art in Public Places Committee and accepted by the Board of County
Commissioners, loans of works of art will be deemed exhibited on temporary basis only after the donor
has supplied the County with the following:
• A fully executed Agreement for Display of Artwork between the lender and the County;
• All insurance as required by the County Risk Management Department;
• A written plan for the transportation, installation and removal of the artwork as per the Agreement
for Display of Artwork;
• Written instructions for the care, maintenance, preservation and handling of the artwork during the
period of display on County property.
Tide and Ownership:
Permanent gifts of artwork to the County will become the property of the County once an Agreement for
Acceptance of a Donation of a Work of Art has been fully executed and the Donor has delivered the Bill
of Sale. At such time, all rights of title and ownership will be conveyed to the County and all future
decisions regarding the use and continued ownership of the artwork will be under the sole discretion of
the County. As owner of the work, the County may exercise any and all legal rights of ownership
including, but not limited to, sale, relocation or removal of the artwork.
Removal, Relocation or Deaccession of an Artwork:
Artworks gifted to the County may be relocated, removed or deaccessioned from the County's public art
collection if the artwork becomes a hazard or liability, or if the approved terms of acceptance are not
fulfilled or for any other reason as determined by the Art in Public Places Committee or Board of County
Commissioners at their sole discretion.
MO ROE COUNTY ATTORNEY
7f PROVED AS TO�Z;t/
J4 /0' - NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date - r 7 .2rJL3
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Consnissianer Dude SWum.
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WHEREAS, the County finds it in the but interest of its citisens to 6W OM public access to art;
WHEREAS, the Cm" desires to prorate understandbig
enrich the public awironment for residents and � s; now, a� ON of the visual arts and to
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
FLORIDA,
MI Sec. 2- 332(A) is hereby created to read as follows:
A. 7 he "ird of county available in County for developments r 1 0gnrses the extent of cultural resore ces
intent of the County Commission pr'+otiar, and er�joyrnent of the arts. It is the
the of the
this by O1° "this ordinance to enrich culturally and benefit
Cm" through the estabi of art W public places.
1) One percent (1%) of the construction costs for
ffW alla�tion and treatment per' "I be set aside for ft a quisition, c oma".
mointawm of works of art in said buildings. This
only to new oarshuction exceec�rg $55,040 or renovations exceeds g� shal co
a) Construction costs do not Include arch
asbeartas abatement or other erwirm mtal pr ep ay � fees,
costa. in
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c ¢' ►� b) All construction cosy to be used for detsrlminirg that of the
lake �� p"opriation shall be caleukMW as of the date the coratruetion
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J = fo a" in public pc l aces. s shall be exempt from mondntory
2) The art- in- pubbc- places
to JNorroe C appropMatians and gifts, grants and da�otsons mode
separ'ot a' accounted for eP se o of °O " and Failing art In public pkwm shall be
�pn�on, install, or be used only for the folk�wirg purp to ire,
nwintain art in public pkrces
There is hereby established an Arts in Public Places
"40m y body to the County Corwnissian. The Arts In Public Ph"$ �• which shall be an
""" maribera and two nan -vo" members, and shall have the sole purpose stall be cornpased of five
pe of reviewing responses to
A Public Places set aside tom stistalled in each public canstructiarn protect subject to the
cos' the term of appa� a" voting �bcr whose term *wl run
aonanissiorier''s district. Thers shall be am and who shall lies or work in the appointing
AAowroe Council far the Arts Corporation. each who eithsr a board mramber or staff of the
fOlkowkw: v mminber must represent am or "yore of the
a) waking artist,
) art profesNowl;
lorrdsoape architect or interior dam
d) Curator, or
e) general public.
an a profProject 7 hC County basis. yda�a�tor shall appoint to the mmottes the two non - voting "+sabers
P� or corn y as the architect, the j � ambers shall be fmnilfar with the pretaet
pr'otat supervisor, or a similar nexus to the project. them
invalid, UIW If any sation, subsection, sentence, clause or
remainder of this adinanca shall not be affected by such dit�� of ordinor�ce held
y
ftfig" All or pats of wdkwww in ooefliet with
repealed to the extent of sold conflict. this WO MMM ara hereby
.Z The provisions of this orb shall be included aril
Or'dinarrces of the County of Mon,oe. F�i�, as an wed in the Cods of
raasmbered to eanforrm to the unifarrn a a thereto, and shall be oppropriatsly
nranberirg syst of the Code.
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Office of This Ordirranee shall take effect imueediately qm receipt of Official notice fran the
5eawtory Of Starts of the State of Florida that this ordinoncs ho been filed with said Of ficL
PASSED AND ADOPTED by the Board of re gular yeasting of said Board held on the y COnunissionersOff # County, Florida, at a
16� day of —Mery
Mayor 6sorgs NOVO*
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NOTICE OF
COU 'O
Published Twice Weekly
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Marathon, Monroe County, Florida
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PROOF OF PUBLICATION
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STATE OF FLORIDA
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C OUNTY
OF MONROE
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Before the undersigned authority
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person
ally appeared WAYNE MARKMAN who on
oath, says that he is PUBLumnit of the
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FLORIDA KEYS KEYNOTER, a twice�o
weekly newspaper published in Marathon,
In
Monroe County, Florida: that the
attached copy of advertisement was
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published in said news paper in the issues
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of: (daWs) of pub /icadon)
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Afflant further says that the said FLORIDA
w'"bo�: 1 A 1 i�
KEYS KEYNOTER is a newspaper published
at Marathon,
CBS*
in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
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said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office In Marathon, in
Monroe County, Florida, for a period of
one year next Preceding the first
publication of the attached copy of
advertisement. The afflant further says
that he has neither paid nor promised any
person, firm, or corporation any discount,
C A o
rebate, commission or refund for the
Purpose of securing this advertisement for
Publication in the said newspaper(s) and
that The Florida
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_cmnnliance with Ch
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State Stab ites on Legal and Ofi9dal
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Advertisern
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before me
2001
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943
Northaide Drive
Office
Fax 305- 294 -0768
PublMW Daily
Kay Weal, Maama Comfy, Florida 33010
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, bein% a legal notice in the matter of
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In the . Court, was published in said newspaper in the issues of
A -A AA / M- ii ^__ .
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second -class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publicaWn in the skid _qewspaper.
ignature of Affiant
Sworn and subscribed before me this 9 day of 711
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PORTER � 8CAMW
P.O.
O. Box 118T • Tavamler� Florida 33070 -1187 ONIANCE
(306) 662.3216 Fax: (306) 80-8240
eZe e I tie
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersi authority
personally appeared JACKLYN HARDER
who on oath, says that she Is ASSOCIATE
PUBLISHER of THE REPORTER, a weekly
WWWWma sspsr entitled to publish legal
a in g published at Tavernier,
Monroe County, Florida: that the attached
COPY of advertisement, being LEGAL
NOTICE in said newspaper in the issue of:
April 20 A Mav 3r�. 2001
Afflant further says that THE REPORTER
Is a newspaper published at Tavernier, in
said Monroe County, Florida, and that the
said newspaper has herobofore 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
afflant 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 advertisement fbr
P in the said newspaper and that
The Reporter Is in full compliance with
Chapter 50 of the Florida State Stptutes on
Legal and Official AdverdsementiL
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7099 3400 0005 9118 7036
7099 3400 0005 9116 7005
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-MV
FAX (305) 2WI745
MONROE COUNTY COURTHOUSE
500 W 11TEHEAD STREET
KEY WEST, FLORIDA WM
TEL (305) 292.3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTAT KEY
GOVERNMENTCENTER
Bm OVERSEAS HK'lIWAY
M ANTATK)N n% FLORIDAMM
TEL (305) 852-7145
FAX (305) SM 7146
May 31, 2001
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399 -0250
Dear Mrs. Cloud,
Via Carifred MaU 7099 3400 000S 9118 7005
Enclosed please a find certified copy of the following;
Ordinance No. 022 -2001 creating Sec, 2- 332(A), Monroe County Cod
funding of art in new ' public construction and pr oviding for
�j or reno vations projects; providing for
seve ability , providing for the repeal of all Ordinances inconsistent herewi
incorporation into the Monroe County Code of Ordinances and providing an effective date for
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on May 16, 2001. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by Pamela G Han k
Deputy erk
May 31, 2001
Page 2
Cc: Municipal Code Via Cerdfied Mail 7099 3400 0005 9118 7036
County Administrator
County Attorney
Public Works
BOCC
File
Ordinance 022 -2001
DIVISIONS OFFLORDA► DBFAaThnW OF STATB
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MENUR OF TM FLORIDA C tBIA(!CT FLORIDA DEPARTMENT OF SPATE
Katherine Harris.
Secretary of State
DIVISION OF ELECTIONS
June 5, 2001
Honorable Danny I- Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
111MItIC M&WRVATIM HOARDS
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FBUoek PdmB- hCaugrAmu,e=8ord
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JINGLING MUSEUM OF ART
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated May 31, 2001 and certified copy of Monroe County
Ordinance No. 022 -2001, which was filed in this office on June 4, 2001.
Sincerely,
�P
Liz Cloud, Chief
Bureau of Administrative Code
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The Elliot Building • 401 South Mo rnoe Street • Florida 32399 -0250 • (850) 488 -8427
FAX: (850) 488 -7869 • WWW Address: http://Www.doLdate.fL= • &Mail: election@maiLdas.statefbres
Municipal Code Corporation
irfolmail.municode.tom
PO Pus 2235
Tallahassee, Fl 32316.2235
Supplement 7 2 06/06/2001
We have received the following material through
hard cop}. Thank you for your assistance and
cooperation.
Ordinance No. 1 -2001.
800 - 262 -263' fax 850-5 -8852 Eli
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Ye can distribute thee for you for a minimal fee!
e -sail your ords to us at ordslmail.municode.com
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TO:
Ms. Pamela G. Hancock
Deputy Clerk
Monroe County
500 Uhitehead Stfeet
Key West, Fl. 33010
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