CH002 Admin by YJeelj8

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                                                 Chapter 2
                                         ADMINISTRATION*

                                      ARTICLE I. IN GENERAL
Sec. 2-1. County administration law adopted.1
     (a)      The board of county commissioners hereby expressly adopts the County
Administration Law as contained in F.S. ch. 125, pt. III (F.S. § 125.70 et seq.).
       (b)    In case of a construction project or professional services that are the subject of
previously executed contract(s), the county administrator is authorized without necessity of
approval by the county commission:
       (i)      To approve, sign and execute change orders with each change order not to exceed
               twenty-five thousand dollars ($25,000.00) or five (5) percent of the original contract
               price, whichever is greater. Such change orders are noncumulative: in other words,
               each change order may be in the amounts described and need not be added together
               for the purposes of reaching a maximum per project or per service change order cost
               ceiling of twenty-five thousand dollars ($25,000.00) or five (5) percent of the original
               contract price. Provided, however, that before the county administrator may execute
               a change order authorized by this subsection, he must notify the members of the
               county commission, at least 24 hours in advance, of his intention to execute the
               change order. The county administrator must provide a report at each monthly
               county commission meeting listing the change orders approved by him during the
               prior month and the reasons for those change orders.
       (ii) To extend a project's substantial completion date and to waive up to twenty-five
              thousand dollars ($25,000.00) of liquidated damages.
        (c)    The county administrator is authorized to sign and execute contracts not to exceed
one thousand dollars ($1,000.00) for the purchase of goods or services, to execute airport sign
leases, and to sign and execute contracts providing for services to be rendered by county personnel
at Bayshore Manor.
       (d)      The county administrator is authorized to approve and sign reimbursement
requests for moving expenses of newly employed department heads, division directors, or other key
personnel as designated by the administrator, who reside outside of the county at the time of hire.
The amount paid may not exceed five thousand dollars ($5,000.00). This subsection (d) is
retroactive to January 1, 1995.
(Code 1979, § 2-1; Ord. No. 13-1977, § 1; Ord. No. 29-1991, § 1; Ord. No. 11-1993, § 1; Ord. No. 6-1994, § 1;
Ord. No. 22-1997, § 1; Ord. No. 27-1998, § 1; Ord. No. 012-2002, § 1)
                                          2
Sec. 2-1.1. Hearing officer division.
        (a)     There is hereby created within the office of the county administrator a hearing
officer division. Individuals employed by this division shall be part-time employees as that term is
defined elsewhere in this Code and entitled to all benefits accruing to such employees. Individuals
so employed shall be considered employees of the county administrator and shall in no fashion be

1
  Legal Analysis: 1979 Code § 2-1. County administration law adopted. It is assumed that
       subsection (b)(i) is not superseded by 1979 Code § 2-541. Deleted material in subsection
       (c) as superseded by 1979 Code § 2-541.
2
  Legal Analysis: 1979 Code § 2-1.1. Hearing officer division. Please review the compensation
       provided for in subsections (b) and (d) and advise as to any changes to make same current.
                                                                                                   Page 2 of 94

considered employees of the county attorney's office. Individuals to be employed as hearing officers
shall be hired by the county administrator and shall be formerly seated Monroe County Circuit
Judges or shall be persons who serve or have served as Monroe County Code Enforcement Special
Masters or as counsel to the Monroe County Land Authority or to the planning commission.
       (b)      The employee's gross wage shall be one hundred fifty dollars ($150.00) per hour.
       (c)      The employee shall have the following duties:
       (1)      Conduct beneficial use hearings and prepare recommended orders therefor
               according to the terms of the Monroe County Year 2010 Comprehensive Plan, Policy
               No. 101.18.5, and beneficial use procedures adopted pursuant thereto, including all
               preliminary matters connected therewith. Recommended orders shall be rendered
               according to the standards of the Monroe County Year 2010 Comprehensive Plan,
               Policy No. 101.18.5, and beneficial use procedures adopted pursuant thereto, except
               to the extent that the employee, in his or her professional judgment, believes such
               standards are superseded by the laws or constitution of the State of Florida or the
               United States of America. Applications for beneficial use hearings shall be assigned
               to the employee at the discretion of the county administrator or his designee.
       (2)      Conduct vested rights hearings and prepare recommended orders therefore [thereof]
               according to the terms of the Monroe County Year 2010 Comprehensive Plan,
               Policies No. 101.18.1, 101.18.2, 101.18.3, and 101.18.4, including all preliminary
               matters connected therewith. Recommended orders shall be rendered according to
               the standards of the Monroe County Year 2010 Comprehensive Plan, Policies No.
               101.18.1, 101.18.2, 101.18.3, and 101.18.4, except to the extent that the employee, in
               his or her professional judgment, believes such standards are superseded by the
               laws or constitution of the State of Florida or the United States of America.
               Applications for vested rights hearings shall be assigned to the employee at the
               discretion of the county administrator or his designee.
       (3)     Conduct hearings on such other matters and to perform such other tasks and duties
               as the county administrator may assign.
      (d)      In the performance of the above-described duties, the employee also has the
responsibility to issue subpoenas to compel the attendance of witnesses and production of
documents, and to administer oaths to witnesses appearing at any hearings.
        (e)    The employee shall, in his or her dealings with all county staff concerning matters
that involve or may involve any subject matter at hearings before the employee, diligently observe
all relevant canons of ethics of The Florida Bar.
        (f)     All employees of the division employed as hearing officers shall observe the
restrictions on other employment contained in section 9.5-27(a).
        (g)    In lieu of the status of part-time employee, the hearing officer may elect the status
of an independent contractor hired to perform vested rights and beneficial use hearings. As a
contractor, the hearing officer is entitled to receive five hundred dollars ($500.00) for each day
hearings are conducted or scheduled unless the hearing(s) are canceled ten (10) or more business
days prior to the hearing date. If the hearing officer elects contractor status, he or she will not
receive any of the benefits that accrue to part or full time county employees. However, all other
criteria pertaining to the hearing officer's conduct of his or her duties under this section will
continue to apply to a contract hearing officer.
(Code 1979, § 2-1; Ord. No. 18-1987, § 2; Ord. No. 14-1996, §§ 1--5; Ord. No. 22-1996, § 2; Ord. No. 24-2000, §
1; Ord. No. 41-2000, § 1)
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Sec. 2-1.2. Grounds upon which a motion for disqualification of a special master or
hearing officer shall be based.
       (a)    Form of motion for disqualification; filling; grounds upon which motion to be based.
A motion for disqualification shall be in writing and sworn to by the party signing the motion
under oath. The motion shall be filed at or before the first scheduled hearing of the case before the
special master or hearing officer and shall show:
         (1)     That the party fears that he or she will not receive a fair hearing because of the
                specifically described prejudice or bias of the special master or hearing officer; or
         (2)     That the special master or hearing officer before whom the case is pending, or some
                person related to said special master or hearing officer by consanguinity or affinity
                within the third degree, is a party thereto or is interested in the result thereof, or
                that said special master or hearing degree, or that said special master or hearing
                officer is a material witness for or against one of the parties to the cause.
       (b)      Criteria to be considered by special master or hearing officer in ruling on motion.
Upon review of the motion for disqualification, if the special master or hearing officer determines
that said motion is legally insufficient, he or she shall immediately deny the motion. However, if
after reviewing the motion for disqualification the special master or hearing officer finds the
motion to be legally sufficient, he or she, accepting the allegations contained in the motion as true,
shall grant the motion for disqualification and transfer the matter to an alternate special master
or hearing officer if either:
         (1)     An objective, disinterested lay observer fully informed of the facts underlying the
                grounds on which disqualification is sought would entertain a significant doubt
                about the special master or hearing officer's impartiality as it pertains to the party;
                or
         (2)     The alleged facts give rise to a well-founded appearance of impropriety.
       (c)    When prior disputes not to be considered. Prior disputes or animosity between the
special master or hearing officer and counsel for the party seeking disqualification shall not
constitute a basis for disqualification if counsel is retained after the matter is referred to the
special master or hearing officer.
       (d)     Appeals. An aggrieved party may appeal an order denying a motion for
disqualification to the board of county commissioners. Such an appeal shall not be a hearing de
novo but shall be limited to appellate review of the record created before the special master or
hearing officer. An appeal shall be filed within thirty (30) days of the execution of the order to be
appealed.
(Code 1979, § 2-1; Ord. No. 26-1998, §§ 1--4)

Sec. 2-2. Automobile to be furnished clerk of circuit court.3
    The board of county commissioners is hereby authorized to furnish an automobile to the clerk
of the circuit court of the sixteenth judicial circuit as ex officio clerk of the board of county
commissioners in lieu of the automobile allowance provided for in chapter 65-1054, as ratified by
chapter 65-1064, Laws of Florida.
(Code 1979, § 2-2; Ord. No. 7-1974, § 1)


3
    Legal Analysis: 1979 Code § 2-2. Automobile to be furnished clerk of circuit court. Deleted.
         Assuming Laws of Fla. ch. 65-1054 is legal, this section would not be needed. As this is
         clearly compensation, it is repealed by F.S. § 145.131. If the view is taken that this is for
         travel expenses, it is superseded by F.S. § 112.0611.
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Sec. 2-3. Legal aid for civil legal services for indigent persons.4
       (a)      The board of county commissioners finds, determines and declares that the
establishment of a funded legal aid program to provide civil legal services to indigent persons in
the county is a necessary facility for the proper administration of justice in civil action in the
courts of the county.
       (b)      In addition to all other amounts provided by law there shall be a filing fee of five
dollars and fifty cents ($5.50) in any civil action filed in the circuit court of the county and three
dollars ($3.00) in the county court.
       (c)    All funds which shall be received by the clerk of the circuit and county courts
pursuant to paragraph (b) of this section shall be paid by such clerks to the board of county
commissioners within ten (10) days after the end of each calendar month, to be administered in a
fund to be known as the legal aid fund and used exclusively for the purpose of establishing,
furnishing and maintaining a program making civil legal services available to the indigent and
needy general public in the county.
       (d)     All monies raised and appropriated pursuant to this section shall be budgeted and
expended by the board of county commissioners by payment made to, or on behalf of, a nonprofit
corporation to be created and established for such purposes. The budgeting and expenditure of said
funds is declared to be a proper public and county purpose in and for the county.
       (e)    The board of county commissioners is authorized to appropriate such additional
funds as it may deem necessary from other available sources for the purpose of establishing and
maintaining the legal aid program referred to in this section.
       (f)      The legal assistance to be funded and provided pursuant to this section shall
include, but not be limited to, consultants, advice, litigation and representation before courts in
civil matters, and before federal, state and local administrative agencies.
        (g)     All special laws applying to and within this county, general laws applying only to
this county, any general law which the board of county commissioners is specifically authorized by
article VIII of the 1968 Florida Constitution to supersede, nullify, or amend, or any part of such
laws, in conflict with any provision of this section are hereby repealed.
(Code 1979, § 2-3; Ord. No. 22-1976, §§ 1--6, 8)
Sec. 2-3.1. Clerk of court service charges on any circuit court proceedings and
petitioners for modification in 16th Judicial Circuit.5
        (a)     The clerk of the court must collect a service charge of five dollars ($5.00) on any
circuit court proceeding commenced in the 16th Judicial Circuit.
       (b)     All funds derived from the imposition of the service charge set forth in subsection
(a) above shall be deposited in the court's mediation-arbitration account fund to be used to fund
the circuit civil mediation services under the direction of the chief judge of the 16th Judicial
Circuit. One dollar ($1.00) of each charge collected shall be forwarded to the office of the state

4
  Legal Analysis: 1979 Code § 2-3. Legal aid for civil legal services for indigent persons. Deleted all
       provisions except subsections (e) and (f) as obsolete. F.S. §§ 28.39, 34.205 repealed all
       local charges. Court costs and charges are now authorized only when provided by general
       law. See F.S. §§ 28.24 et seq. See also F.S. § 34.041(1)(b). Given F.S. § 29.008(2)(a)1.,
       (3)(a) and it would appear that subsections (e) and (f) must be retained. The view could,
       however, be taken that this entire section is superseded by 1979 Code § 2-632.
5
  Legal Analysis: 1979 Code § 2-3.1. Clerk of court service charges on any circuit court
       proceedings and petitioners for modification in 16th Judicial Circuit. Deleted as obsolete.
       See F.S. § 44.108.
                                                                                              Page 5 of 94

courts administrator for deposit in the state mediation and arbitration trust fund and the
remainder utilized to fund the circuit civil mediation services.
       (c)     The clerk of the court must collect a service charge of forty-five dollars ($45.00) on
any petition for a modification of a final judgment of dissolution filed in the 16th Judicial Circuit.
       (d)     All funds derived from the imposition of the service charge set forth in subsection (c)
above shall be deposited in the court's family mediation account to be used to fund the family
mediation services under the supervision of the chief judge of the 16th Judicial Circuit. One dollar
($1.00) of each charge collected shall be forwarded to the office of the state courts administrator for
deposit in the state mediation and arbitration trust fund and the remainder to be utilized to fund
family mediation services.
(Code 1979, § 2-3; Ord. No. 2-1996, §§ 1--4)


Sec. 2-3.2. Payment of funds budgeted on behalf of the clerk of court; when payable.
   The amounts budgeted annually by the board of county commissioners for the clerk of court
shall be paid quarterly, in advance, to the clerk of court.
(Code 1979, § 2-3; Ord. No. 030A-2004, § 1)

Sec. 2-4. Minimum vehicle liability insurance limits--County owned vehicles.6
  The minimum liability insurance on county owned fire trucks, ambulances, and any other
emergency vehicles owned by the county shall be as follows:
         (1)    Fifty thousand dollars ($50,000.00) per person for bodily injury liability.
         (2)     One hundred thousand dollars ($100,000.00) per occurrence for bodily injury
                liability.
         (3)     One hundred thousand dollars ($100,000.00) per occurrence for property damage
                liability.
(Code 1979, § 2-4; Ord. No. 1-1977, § 1)

Sec. 2-5. Same--Vehicles owned by sheriff's department.
   The board of county commissioners does hereby require that the sheriff maintain insurance
against legal liability for the death, injury, or disability of any person arising from or in connection
with the operation of any motor vehicle owned, leased, or operated by the sheriff or any of his
employees, to the extent of one hundred thousand dollars ($100,000.00) bodily injury liability per
person; three hundred thousand dollars ($300,000.00) bodily injury liability per occurrence; fifty
thousand dollars ($50,000.00) property damage liability per accident.
(Code 1979, § 2-5; Ord. No. 1-1977, § 1)

Sec. 2-6. Planning commission members; compensation.
    The members of the planning commission shall be compensated at the rate of nine thousand
six hundred dollars ($9,600.00) for the regular twenty-four (24) commission meetings during the
year beginning October 1, 2004, and for every fiscal year thereafter, regardless of whether the
commission is meeting as the local planning agency, the zoning board, board of adjustment, or
planning commission. For all commission meetings in excess of the regular twenty-four (24),
members shall be compensated at the rate of one hundred dollars ($100.00) per meeting also
without regard as to whether the commission is meeting as the local planning agency, the zoning

6
    Legal Analysis: 1979 Code §§ 2-4, 2-5. Liability insurance. Deleted. These amounts are
         generally less than provided in F.S. § 768.28 (waiver of sovereign immunity).
                                                                                                   Page 6 of 94

board, board of adjustment, or planning commission. Nothing contained herein shall be construed
to restrict payment to the members for expenses payable as otherwise authorized by the Florida
Statutes.
(Code 1979, § 2-6; Ord. No. 23-1987, § 3; Ord. No. 24-1987, § 3; Ord. No. 10A-1988, § 1; Ord. No. 27-1988, § 1;
Ord. No. 8-1991, § 1; Ord. No. 021-2004, § 1)

Sec. 2-7.1. County employees accepting service of process on behalf of other employees
prohibited.
        (a)    No county employee shall accept service of process on behalf of another county
employee, the county attorney, the county administrator, the clerk of courts, or any county
commissioner. Process includes, but is not limited to, summons and complaints, trial subpoenas,
and subpoenas for depositions. Nothing in this section shall prohibit the county attorney from
filing a responsive pleading motion, thereby waiving service of a summons and complaint, in any
case whenever the county, a member of the board of county commissioners, or an executive
employee in official capacity is named a defendant.
       (b)      No county employee, inclusive of the county attorney, the county administrator, the
clerk of courts, or any county commissioner shall authorize any county employee to accept service
of process on behalf of any other county employee, the county administrator, the clerk of courts, or
any county commissioner and as above described or in any other form.
       (c)    Any county employee, inclusive of the county administrator, the clerk of courts, or
any county commissioner shall immediately make a photocopy of any document served or
attempted to be served upon that employee. Unless such process is directed to the person served
therewith, acceptance of service shall be refused, the original shall be returned to the party
attempting service, and the photocopied documents shall be forwarded to the office of the county
attorney forthwith, noting thereon the time, date and name of person upon whom service was
attempted.
(Code 1979, § 2-7; Ord. No. 52-1995, §§ 1--3)


Sec. 2-8. Use of county funds for employee awards.
        (a)    Authorized. The board of county commissioners may provide for expenditure of
county funds for employee awards, employee awards ceremonies and functions, and other events
relating to the recognition of county purpose in the common interest of the employees and citizens
of the county.
       (b)     Previous awards confirmed. Awards granted to employees and any expenses
incurred for such purposes before the effective date of this section [August 27, 1979] are confirmed
and ratified.
(Code 1979, § 2-8; Ord. No. 19-1979, §§ 1, 2)


Sec. 2-9. Contracts with nongovernmental organizations for performance of valid
county purposes.
       (a)     Authorized. By resolution, the board of county commissioners may, at its discretion,
contract with any private, nongovernmental organization, whether nonprofit or otherwise, for the
performance of valid county purposes and functions pursuant to F.S. § 125.01, including but not
limited to providing hospitals, ambulance services, health and welfare programs, parks, preserves,
playgrounds, recreation areas, libraries, museums, historical commissions, and other recreational
and cultural facilities and programs. The board may enter such contract by resolution wherein the
board finds that the private, nongovernmental organization performs valid county functions and
                                                                                           Page 7 of 94

purposes in the course of its activity, and that the interests of citizens of the county are served by
contracting the organization to perform those services in behalf of the board of county
commissioners.
         (b)    Payment for services.
         (1)     The board may pay, as consideration for services rendered, public moneys, by lump
                sum or otherwise. Payments under this section may be either in advance or in
                arrears of services being rendered, as determined in the sound discretion of the
                board of county commissioners and as specified in the contract.
         (2)     Notwithstanding paragraph (1) of this subsection, the board may contract under
                this section where the consideration to be paid for services rendered is compensation
                in kind, including goods and materials to be contributed or services to be rendered to
                the county.
       (c)     Restriction. The board of county commissioners shall not contract for services that
do not serve a valid county purpose.
        (d)     Report from contracting organization required. Any organization contracting with
the county under the authority of this section shall, notwithstanding the terms of the individual
contract, present both a detailed report of its annual activities, designating those activities of the
organization to which county funds were applied, and a copy of the organization's annual audit
report, certified by a certified public accountant licensed to do business in the state. Both reports
shall be presented to the county by the organization within thirty (30) days of receipt by the
organization of its annual audit report. Contracting organizations shall comply with this
subsection for each audit year concurrent in whole or in part with the term of the contract under
this section.
(Code 1979, § 2-9; Ord. No. 16-1979, §§ 2--5)


                                                7
Sec. 2-9.1. Change orders to contracts.
      (a)     This section applies to all change orders to contracts for the construction of capital
improvements, regardless of whether the change order is subject to approval by the county
administrator pursuant to Sec. 2-1(b., or approval by the board of county commissioners. A
purchase order may not be used to circumvent the requirements of this section.
       (b)      A proposed contract for capital improvements may not be presented to the board for
approval containing a provision with such elasticity that it allows for change orders that could
alter the contract's scope of work as initially approved. As an example (and not by way of
limitation), a contract for the construction of a children's playground should not contain within it a
change order provision of sufficient elasticity that it would allow for the construction of a softball
field.
         (c)    All change orders must contain the following information:
         (1)    The project for which the change order is sought;
         (2)    The specific item(s) for which the change order is sought;
         (3)    The price of the change order;
         (4)    The price of the change order expressed as a percentage of the original contract
                price and as a percentage of the contract price after prior change orders.


7
    Legal Analysis: 1979 Code § 2-9.1. Change orders to contracts. Deleted subsection (g) as
         obsolete or not needed.
                                                                                            Page 8 of 94

        (d)     All change orders must be accompanied by the following information:
        (1)      A written explanation of why the change order is needed, containing the following
                information:
                a.      Why the item(s) for which the change order is sought were not included in the
                        original contract specifications;
                b.      If the item(s) for which the change order is sought were included in the
                        original specifications, then what event or circumstance compels an increase
                        in the contract price;
                c.      If the price of the item(s) for which the change order is sought exceeds
                        twenty-five thousand dollars ($25,000.00) or five (5) percent of the contract
                        price, whichever is greater, then why are the items not the subject of a
                        separate call for bids. By way of example (and not by limitation), evidence of
                        delay of the project or impairment of project coordination, could be reasons
                        not to call for bids outside the contract.
        (2)      If the project architect did not approve the items for which the change order is
                sought, then a detailed explanation as to why.
        (3)      If the change order is intended to correct an error or omission in design document, a
                statement whether a claim under the applicable professional liability policy has or
                should be made.
        (e)    If a change order results in a decrease in the contract price (either the original
contract price or the contract after prior change orders), the amount of that decrease may not be
utilized by employees, agents or contractors of the county to fund a subsequent change order,
contract amendment or any other alteration of the original scope of work without following the
procedures set forth in this section.
      (f)   After the effective date of this section, no contract for the construction of a capital
improvement may be entered into that is at variance with the provisions of this section.
      (g)     The provisions of this section supersede the provisions of any contrary resolutions
or administrative instructions.
(Code 1979, § 2-9; Ord. No. 4-1999, §§ 1--7)


Sec. 2-10. Reimbursement of attorney's fees in defense of board member.
        (a)     Authorized. The board of county commissioners shall reimburse any board member
for his or her reasonable attorney's fee incurred in successfully defending any criminal and/or civil
legal action brought against said board member for any action taken by said board member while
acting within the scope of his or her duties and responsibilities.
        (b)     Grounds for Reimbursement. Such reimbursement shall be authorized by the board
only at such time as it be finally determined in the litigation that the board member (if he or she
be still serving as such) is not civilly or criminally liable for his or her actions taken within the
scope of his or her duties and responsibilities as a county commissioner. However, in no event shall
such reimbursement be paid to a person under any of the following circumstances:
        (1)      Conviction by a jury of any crime, irrespective of whether or not adjudication of
                guilt is withheld by the court.
        (2)     A plea of guilty or nolo contendere has been entered in his behalf, irrespective of
                whether or not adjudication of guilt is withheld by the court.
        (3)     That a court stipulation has been entered into by said person wherein he or she
                                                                                                   Page 9 of 94

               agrees to dispose of the civil charges by compromise rather than by adjudication of
               the merits of the issues by a court or by a jury.
       (c)    Declared County Purpose. It is hereby declared that all such expenditures when
made shall be for a valid county and public purpose within the meaning of article VII, section 10 of
the Florida Constitution of 1968.
       (d)     To Whom Paid. Reimbursement as called for under this section shall be made only
to those individuals presently serving as county commissioners of Monroe County and future
members of boards of county commissioners of Monroe County, except it shall make no difference
whether or not the individual receiving the reimbursement at the time of receiving same is or is
not presently serving as a county commissioner.
(Code 1979, § 2-10; Ord. No. 25-1977, §§ 1--4; Ord. No. 022-2004, § 6)
State law reference--Defense of civil actions against public officers, employees or agents, F.S. § 111.07.

Sec. 2-11. Automobile allowance for supervisor of elections.8
    The supervisor of elections of Monroe County, Florida, shall receive a monthly allowance in the
sum of one hundred fifty dollars ($150.00) for the use of his privately owned automobile in the
performance of his duties in his official capacity; such allowance shall be in lieu of any mileage
allowance provided by law for the use of a privately owned vehicle and shall be allowed as an
expense in the operation of his office as supervisor of elections.
(Code 1979, § 2-11; Ord. No. 6-1982, § 1)
.
                                                                                  9
Sec. 2-12. Management and use of Key West International Airport.
         (1)     Management, Government and Use. The management and use of property and
facilities at the Key West International Airport for airport purposes and related purposes ancillary
thereto shall be governed by the Monroe County Code and all duly enacted resolutions and
ordinances which presently exist or which may be adopted in the future by the Board of County
Commissioners of Monroe County, Florida, to the extent not preempted by or inconsistent with
state or federal law.
       (2)    Penalties. Penalties for the violation of this ordinance [section] or for violation of
any provisions of the Monroe County Code or of any resolution or ordinance of the Monroe County
Board of County Commissioners hereby made applicable to the property and facilities at the Key
West International Airport shall be the same as the penalties established by the Monroe County
Code, by the particular resolution or ordinance enacted by the county, or by state law.
       (3)    Enforcement. Enforcement of the penalties imposed by this ordinance [section], by
the Monroe County Code of Ordinances, by any resolution or ordinance of the Monroe County
Board of County Commissioners, or by state law shall be in the same manner in which penalties
prescribed by the Monroe County Code or by resolutions or ordinances of the board of county
commissioners are enforced.
(Code 1979, § 2-12; Ord. No. 021-1984, §§ 1--3; Ord. No. 53-1988, § 1)




8
  Legal Analysis: 1979 Code § 2-11. Automobile allowance for supervisor of elections. Deleted as
       superseded by F.S. § 112.061.
9
  Legal Analysis: 1979 Code § 2-12. Management and use of Key West International Airport.
       Deleted subsections (2) and (3) as not needed. As a general proposition, ordinances cannot
       be penal.
                                                                                        Page 10 of 94

Sec. 2-13. Local option fee for emergency telephone service--Upper Keys.10
       (a)     Imposed. There is hereby imposed a local option fee, done pursuant to Florida
Statutes, section 365.171(13), for use by the county in the provision of enhanced "911" emergency
telephone service and equipment in the county. The fee shall be not more than fifty cents ($0.50)
per month, per exchange line, up to a maximum of twenty-five (25) exchange lines, to be paid by
the local exchange subscribers in Monroe County, Florida, for a period of twelve (12) consecutive
months beginning on December 1, 1987.
       (b)      Scope. This section shall be applicable through that area of Monroe County, Florida,
that includes that part of Monroe County, Florida, from Long Key Bridge north to the Dade
County line, including all of Municipal Service Taxing Benefit Districts 4-A, 4-B, 5, 6 and 7 [see
section 2-235.]
       (c)     Collection of local option fee. The county shall request that the company/companies
providing enhanced "911" service and equipment to Monroe County, Florida, to collect from its
subscribers in Monroe County, Florida, the local option fee imposed by this section and to remit
such fees to the county.
       (d)    Administrative fee. The county is authorized to pay to the telephone
company/companies providing enhanced "911" service within the boundaries of Monroe County,
Florida, an administrative fee, equal to one (1) percent of the enhanced "911" fee collected by the
telephone companies.
(Code 1979, § 2-13; Ord. No. 7-1986, §§ 1--4; Ord. No. 43-1987, § 1)


Sec. 2-14. Same--Middle Keys.
       (a)     Imposed. There is hereby imposed a local option fee, done pursuant to Florida
Statutes, section 365.171(13), for use by the county in the provision of enhanced "911" emergency
telephone service and equipment in the county. The fee shall be not more than fifty cents ($0.50)
per month, per exchange line, up to a maximum of twenty-five (25) exchange lines, to be paid by
the local exchange subscribers in Monroe County, Florida, for a period of twelve (12) consecutive
months beginning on December 1, 1987.
       (b)      Scope. This section shall be applicable throughout that area of Monroe County,
Florida, that includes that part of Monroe County, Florida, from the Seven Mile Bridge through
the Long Key Bridge, including all of Municipal Service Taxing Benefit Districts 2 and 3 [see
section 2-235].
        (c)    Collection of local option fee. The county shall request that the telephone
company/companies, providing enhanced "911" service and equipment to Monroe County, Florida,
to collect from its subscribers in Monroe County, Florida, the local option fee imposed by this
section and to remit said fees to the county.
       (d)    Administrative fee. The county is authorized to pay to the telephone
company/companies providing enhanced "911" service within the boundaries of Monroe County,
Florida, an administrative fee, equal to one (1) percent of the enhanced "911" fee collected by the
telephone companies.
(Code 1979, § 2-14; Ord. No. 30-1986, §§ 1--4; Ord. No. 44-1987, § 1)




10
     Legal Analysis: 1979 Code §§ 2-13--2-15. 911 fees. Deleted. By the last sentence of subsection
         (a) of each of the sections, the fee was imposed only for 12 months beginning on December
         1, 1987.
                                                                                           Page 11 of 94

Sec. 2-15. Same--Lower Keys.
       (a)     Imposed. There is hereby imposed a local option fee, done pursuant to Florida
Statutes, section 365.171(13), for use by the county in the provision of enhanced "911" emergency
telephone service and equipment in the county. The fee shall be not more than fifty cents ($0.50)
per month, per exchange line, up to a maximum of twenty-five (25) exchange lines, to be paid by
the local exchange subscribers in Monroe County, Florida, for a period of twelve (12) consecutive
months beginning on December 1, 1987.
       (b)     Scope. This section shall be applicable throughout that area of Monroe County,
Florida, that includes that part of Monroe County, Florida, from and including the City of Key
West, Florida, up to and including the Seven Mile Bridge, including all of the Municipal Service
Taxing Benefit Districts 1-A, 1-B, 1-C and 1-D [see section 2-235].
        (c)    Collection of local option fee. The county shall request that the telephone
company/companies providing enhanced "911" service and equipment to Monroe County, Florida,
to collect from its subscribers in Monroe County, Florida, the local option fee imposed by this
section and to remit said fees to the county.
       (d)    Administrative fee. The county is authorized to pay to the telephone
company/companies providing enhanced "911" service within the boundaries of Monroe County,
Florida, an administrative fee, equal to one (1) percent of the enhanced "911" fee collected by the
telephone companies.
(Code 1979, § 2-15; Ord. No. 52-1987, § 1)

Sec. 2-15.1. Authority of mayor to declare state of local emergency.11
       (a)    For definitional purposes, a state of emergency shall exist whenever there is an
occurrence or threat thereof, whether accidental, natural or caused by man, in war or in peace,
which results in or may result in substantial injury or harm to the population and/or substantial
damage to or loss of property.
        (b)    The mayor, mayor pro tem, or the sheriff, shall have the authority to declare a state
of local emergency in Monroe County, Florida, after consultation with the emergency management
director. The duration of a state of emergency is limited to seven (7) days; it may be extended in
seventy-two-hour increments.
       (c)    Failure to comply and promptly obey a lawful order issued during a state of
emergency will constitute a second degree misdemeanor and can be punishable by a fine of up to
five hundred dollars ($500.00) and/or a jail term of up to six (6) months. is unlawful.
(Code 1979, § 2-15; Ord. No. 28-1987, §§ 1--3; Ord. No. 30A-2001, § 1)
State law reference--Emergency management powers of political subdivisions, F.S. § 252.38; authority of
sheriffs to declare emergencies, F.S. § 878.041 et seq.
                                                 12
Sec. 2-15.2. Abandoned or lost property.
       (a)      Definitions:


11
   Legal Analysis: 1979 Code § 2-15.1. Authority of mayor to declare state of local emergency.
       Altered subsection (c) so as to tie to chapter 1. The penalty provided herein violated F.S. §
       125.69. But see F.S. §§ 252.46, 252.50.
12
   Legal Analysis: 1979 Code § 2-15.2. Abandoned or lost property. Revised. This section was not
       in conformity with the mandatory (and self-executing) provisions of F.S. § 705.105.
       Highlighted provisions conflicted with or were not in conformity with the statute. Modified to
       authorize enforcement by other than law enforcement officers as authorized (and provided
       in this section) by F.S. § 705.1015. If retained, conform to the statute.
                                                                                   Page 12 of 94

(1)     Lost property means all tangible personal property which does not have an
       identifiable owner and which has been mislaid on public property, upon a public
       conveyance, on premises used at the time for business purposes, or in parks, places
       of amusement, public recreation areas, or other places open to the public in a
       substantially operable, functioning condition or which has an apparent intrinsic
       value to the rightful owner.
(2)     Abandoned property means all tangible personal property which does not have an
       identifiable owner and which has been disposed on public property in a wrecked,
       inoperative, or partially dismantled condition or which has no apparent intrinsic
       value to the rightful owner. However, vessels determined to be derelict by the
       department of natural resources in accordance with the provisions of section 823.11,
       Florida Statutes shall not be included in this definition.


(3)     Enforcement officer means any person who is elected, appointed or employed full
       time by the Monroe County Sheriff's Office who is vested with authority to bear
       arms and make arrests; and whose primary responsibility is the prevention and
       detection of crime or the enforcement of the penal, criminal, traffic or highway laws
       of the state, including all certified supervisory and command personnel whose duties
       include, in whole or in part, the supervision, training, guidance and management
       responsibilities of full-time law enforcement officers and auxiliary law enforcement
       officers. The term also means any Monroe County Code enforcement officers and
       Monroe County municipal service district hazardous waste inspectors.
(4)     Public property means lands and improvements owned by the federal government,
       the state, the county or a municipality, and includes sovereignty submerged lands
       located adjacent to the county or municipality, buildings, grounds, parks,
       playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar
       property.
(5)     Agency means the Monroe County Sheriff's Office and Monroe County, a political
       subdivision of the State of Florida.
(b)    Procedures:
(1)     Whenever an enforcement officer ascertains that an article of lost or abandoned
       property is present on public property and is of such nature that it can be easily
       removed, the officer shall take such article into custody and shall make a reasonable
       attempt to ascertain the rightful owner or lienholder pursuant to the provisions of
       this section.
(2)     Whenever an enforcement officer ascertains that an article of lost or abandoned
       property is present on public property and is of such nature that it cannot be easily
       removed, the officer shall cause a notice to be placed upon such article in
       substantially the following form:
    "NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
PROPERTY. This property, to wit: (setting forth brief description) is unlawfully upon public
property known as (setting forth brief description of location) and must be removed within 5
days; otherwise, it will be removed and disposed of pursuant to section 2-15.2, Monroe
County Code. The owner will be liable for the costs of removal, storage, and publication of
notice. Dated this: (setting forth the date of posting of notice), signed: (setting forth name,
title, address, and telephone number of the enforcement officer)."
                                                                                    Page 13 of 94

Such notice shall be not less than eight (8) inches by ten (10) inches and shall be
sufficiently weatherproof to withstand normal exposure to the elements. In addition to
posting, the enforcement officer shall make a reasonable effort to ascertain the name and
address of the owner. If such is reasonably available to the officer, he shall mail a copy of
such notice to the owner on or before the date of posting. If the property is a motor vehicle
as defined in section 320.01(1), Florida Statutes, or a vessel as defined in section
327.02(37), Florida Statutes, the enforcement agency involved shall contact the Department
of Highway Safety and Motor Vehicles or the Florida Fish and Wildlife Commission
respectively, in order to determine the name and address of the owner and any person who
has filed a lien on the vehicle or vessel as provided in section 319.27(2) or (3), Florida
Statutes, or section 328.15(1), Florida Statutes. On receipt of this information, the
enforcement agency shall mail a copy of the notice by certified mail, return receipt
requested, to the owner and to the lienholder, if any. If, at the end of five (5) days after
posting the notice and mailing such notice, if required, the owner or any person interested
in the lost or abandoned article or articles described has not removed the article or articles
from public property or shown reasonable cause for failure to do so, the following shall
apply:
       a.     For abandoned property, the enforcement agency may retain any or all of the
              property for its own use or for use by the state or unit of local government,
              trade such property to another unit of local government or state agency,
              donate the property to a charitable organization, sell the property, or notify
              the appropriate refuse removal service.
       b.     For lost property, the officer shall take custody and the agency shall retain
              the property for ninety (90) days and publish notice of the agency's intended
              disposition of the property.
              1.      If the agency elects to retain the property for use by the unit of
                     government, donate the property to a charitable organization,
                     surrender such property to the finder, sell the property, or trade the
                     property to another unit of local government or state agency, notice of
                     such election shall be given by an advertisement published once a
                     week for two (2) consecutive weeks in a newspaper of general
                     circulation in the county.
              2.      If the agency elects to sell the property, it must do so at public sale by
                     competitive bidding. Notice of the time and place of the sale shall be
                     given by an advertisement of the sale published once a week for two
                     (2) consecutive weeks in a newspaper of general circulation in the
                     county. The notice shall include a statement that the sale shall be
                     subject to any and all liens. The sale must be held at the nearest
                     suitable place to that where the lost or abandoned property is held or
                     stored. The advertisement must include a description of the goods and
                     the time and place of the sale. The sale may take place no earlier than
                     ten (10) days after the final publication.
(3)     If the property is sold at public sale pursuant to subparagraph (2)(b)2., the agency
       shall deduct from the proceeds the costs of transportation, storage and publication of
       notice, and any balance of proceeds shall be deposited into an interest-bearing
       account not later than thirty (30) days after the date of the sale and held there for
       one (1) year. The agency shall provide a bill of sale clearly stating that the sale is
       subject to any and all liens. The rightful owner of the property may claim the
       balance of the proceeds within one (1) year from the date of the above-stated deposit
                                                                                                Page 14 of 94

               by making application to the agency. If no rightful owner comes forward with a
               claim to the property within the designated year, the balance of the proceeds shall
               be placed in the county's general fund.
         (4)    The owner of any abandoned or lost property who, after notice as provided in this
               section, does not remove such property within the specified period shall be liable to
               the enforcement agency for all costs of removal, storage and destruction of such
               property, less any salvage value obtained by disposal of the property. Upon final
               disposition of the property, the enforcement officer shall notify the owner, if known,
               of the amount owed.
         (5)    The rightful owner shall be liable for the enforcement agency's costs for
               transportation and storage of lost or abandoned property and the agency's cost for
               publication of notice of disposition of lost property. If the rightful owner does not pay
               such costs within thirty (30) days of making claim to the property, title to the
               property shall vest in the enforcement agency.
Sec. 2-15.2 . Enforcement of F.S. ch. 705, lost or abandoned property.
   Monroe County Code enforcement officers and Monroe County municipal service district
hazardous waste inspectors are hereby authorized to enforce the provisions of F.S. ch. 705.
(Code 1979, § 2-15; Ord. No. 47-1987, §§ 1, 2; Ord. No. 32-1988, § 2; Ord. No. 022-2004, § 8)


Sec. 2-15.3. Authority of mayor to issue proclamations without consent of board of
county commissioners.13
       (a)    The mayor and chairman of the Board of County Commissioners of Monroe County,
Florida, is hereby empowered to issue proclamations, in his discretion, that concern Monroe
County in the capacity as mayor and chairman of said commission without the necessity of a
meeting and consent of the board of county commissioners.
        (b)    The issuance of proclamations may be rendered without a meeting and the consent
of the county commission.
(Code 1979, § 2-15; Ord. No. 22-1988, §§ 1, 2)

Sec. 2-15.4. Administrative control of veterans affairs office.
        (a)     The veterans affairs office of Monroe County is hereby confirmed to be under the
direct jurisdiction and administrative control of the County Administrator of Monroe County.
      (b)     If any proposed change concerning the transfer of the veterans affairs department
to another department or removal of the same from the direct jurisdiction of the county
administrator occurs, it will require three (3) public hearings to be duly noticed, and only after
such public hearings can any such proposed change be made.
(Code 1979, § 2-15; Ord. No. 29-1988, §§ 1, 2)


Sec. 2-15.5. Issuance of citations by code enforcement officers.
       (a)     Monroe County Code Enforcement Officers, under the direction of the code
enforcement administrator, are hereby designated enforcement officers for the purpose of enforcing
the provisions of the Monroe County Code pursuant to Laws of Fla. ch. 76-435.


13
     Legal Analysis: 1979 Code § 2-15.3. Authority of mayor to issue proclamations without consent
         of board of county commissioners. Altered to use title given by local act.
                                                                                           Page 15 of 94

        (b)     The citations shall be uniformly printed and prenumbered in quadruplicate and
shall list by ordinance number and section and by short, descriptive wording the county ordinance
or ordinances violated, and shall indicate the name and address of the county court where the
violation shall be tried, the names of issuing officer and cited person, and the date of the violation.
The form of the citation shall be reviewed and approved by the clerk of the court, the state
attorney, the court administrator, the chief judge for the 16th Judicial Circuit, and the county
administrator.
        (c)     The county administrator shall submit to the chief judge of the 16th Judicial Circuit
a recommended fine schedule, as adopted by resolution of the board of county commissioners, in
lieu of court appearance.
(Code 1979, § 2-15; Ord. No. 30-1988, §§ 1--3)
Sec. 2-15.7. Land authority exempt from non-ad valorem assessments.
   Real property owned by the land authority, created pursuant to chapter 9.3, Monroe County
Code, is hereby declared to be exempt from the payment of all non-ad valorem assessments.
(Code 1979, § 2-15; Ord. No. 27-2000, § 1)



                                       ARTICLE II. RESERVED
                                                 14
Sec. 2-21. County commissioner districts.
   The boundaries of the districts of the county commissioners shall be fixed as provided in
Chapter 124, F.S., and as provided by any other applicable provision of state or federal law.
(Code 1979, § 2-21; Ord. No. 022-2004, § 3)


Secs. 2-22--2-31. Reserved.

                 ARTICLE III. EMPLOYMENT POLICIES AND PROCEDURES


                                      DIVISIONS 1--17. RESERVED
                                                                   15
                                   DIVISION 18. REVIEW BOARD


Sec. 2-213. Creation purpose.
   There is hereby created and established the Monroe County Personnel Policies and Procedures
Review Board.
    It is the purpose of the Monroe County Board of County Commissioners and the county
administrator to create and establish this advisory board to review any and all proposed changes
to the Monroe County personnel policies and procedures prior to presentation to the Monroe
County Board of County Commissioners for approval, and to assure that all appropriate employees
of Monroe County are made aware of any such proposed changes.
(Code 1979, § 2-213; Ord. No. 38-1988, § 1)




14
     Legal Analysis: 1979 Code § 2-21. County commissioner districts. Deleted as not needed.
15
     Legal Analysis: 1979 Code § 2-213 et seq. Personnel Policies and Procedures Review Board. If
         obsolete, delete.
                                                                                        Page 16 of 94

Sec. 2-214. Procedures.
    Proposed changes to the Monroe County policies and procedures may be submitted in writing
to any member of the review board by any employee of the county at any time. Board members will
then submit the proposed changes to the chairperson, who will review said changes with the
director of human resources; and a meeting of the review board will be called if appropriate.
   Subsequent to the meetings of the review board, the chairperson will present a draft of the
proposed changes that have been approved by a majority of the board membership to the county
administrator for review. If the county administrator rejects any proposed changes, or proposes
any additional changes, said changes will be returned to the review board for review and
reconsideration. If the review board and the county administrator cannot agree on the proposed
changes, the final decision will be that of the Monroe County Board of County Commissioners.
  Any proposed changes/amendments to the Monroe County Personnel Policies and Procedures
Manual will be handled as provided for in this section and will ultimately be reviewed by the
Monroe County Board of County Commissioners and, if approved, adopted by resolution.
(Code 1979, § 2-214; Ord. No. 38-1988, § 2; Ord. No. 30-1990, § 1)

Sec. 2-215. Membership.
       (a)   The Monroe County Personnel Policies and Procedures Review Board will consist of
seven (7) members as follows:
       (1)      Three (3) members elected by the employees relations committee;
       (2)      One (1) supervisor providing direct on-line supervision (such as an operator
               foreman, maintenance foreman, etc.);
       (3)     One (1) representative of middle management (such as a section coordinator, project
               director, etc.);
       (4)      The director of human resources; and
       (5)      One (1) division director appointed by the county administrator.
       (b)      The membership of the review board shall be selected in the following manner:
       (1)      The three (3) members elected by the employees relations committee (ERC) will be
               elected by a majority of ERC members in attendance, not to include any supervisory
               personnel.
       (2)      The direct on-line supervisor will be elected by a majority of ERC members in
               attendance at a meeting of the ERC, after each division director has submitted one
               (1) name for nomination.
       (3)      The representative of middle management will be elected by a majority of ERC
               members in attendance at a meeting of the ERC, after each division director has
               submitted one (1) name for nomination.
       (4)      The director of human resources will be the employee holding that title at the time
               of each meeting of the review board.
       (5)      The division director will be appointed by the county administrator.
       (6)      One (1) alternate who may attend any/all meetings, but will have voting privileges
               only when it is necessary to make a quorum, will be elected by members of the ERC.
       (c)     All members will serve for two (2) years and will be replaced or reaffirmed every
two (2) years in the manner stated above.
In the event a board member can no longer serve, the current alternate will fill any vacancy that
occurs in membership category 1 and a replacement alternate will be elected by the members of
                                                                                            Page 17 of 94

the ERC. A vacancy in membership category numbers 2 through 5 will be elected/appointed as
originally elected or appointed.
Any member may be removed from the review board by a majority vote of the board members.
(Code 1979, § 2-215; Ord. No. 38-1988, § 3; Ord. No. 30-1990, § 2; Ord. No. 19-1994, § 1)

Sec. 2-216. Election of officer and duties.
      (a)      A chairperson will be elected by a majority of the board members at the first
meeting of said board. The chairperson's duties shall include the following:
         (1)     Appoint a vice-chairperson/secretary; and
         (2)     Chair all meetings according to Robert's Rules of Order.
         (b)     The vice-chairperson/secretary's duties shall include the following:
         (1)     Record the minutes of the board meetings;
         (2)     Distribute all appropriate material to board members;
         (3)     Prepare board meeting agendas;
         (4)     Assist the chairperson with board matters; and
         (5)     Chair board meetings in the absences of the chairperson.
(Code 1979, § 2-216; Ord. No. 38-1988, § 4)
Sec. 2-217. Meetings.
    The meetings of the Monroe County Personnel Policies and Procedures Review Board will be
called by the director of human resources at least once a year in August to review the Monroe
County Personnel Policies and Procedures Manual and proposed changes thereto.
   A special meeting may be requested by any three (3) concurring members of the review board
and/or called by the director of human resources at any time a change to the personnel policies and
procedures needs to be promptly made.
     Five (5) members will constitute a quorum.
   All meetings shall be public and shall have at least three (3) days' published notice in a
newspaper of general circulation in the county.
(Code 1979, § 2-217; Ord. No. 38-1988, § 5; Ord. No. 30-1990, § 3; Ord. No. 19-1994, § 2)

      ARTICLE IV. AUTHORIZATION FOR APPROPRIATIONS TO CHARITABLE AND
                         NONPROFIT ORGANIZATIONS16
Sec. 2-218. Council on the Aging, Inc.--Nutrition program.
      (a)      The board of county commissioners may appropriate funds out of its general
revenue fund of the county budget to the Monroe County Council on the Aging, Inc., a Florida
nonprofit corporation for the purpose of operating its nutrition program for the aged.
       (b)     Any funds appropriated hereunder shall be expended by said Monroe County
Council on the Aging, Inc., a Florida nonprofit corporation, for the payment of expenses of the
nutrition program for the aged and approved by the board of county commissioners.
      (c)     The operation of such nutrition program and the funds expended therefor are
hereby decreed to be a county, welfare and public purpose.

16
     Legal Analysis: 1979 Code Ch. 2, art. IV. Authorization For Appropriations To Charitable And
         Nonprofit Organizations. Please review the sections in this article and advise as to which
         sections can be deleted as obsolete.
                                                                                       Page 18 of 94

(Code 1979, § 2-218; Ord. No. 12-1975, §§ 1--3)

Sec. 2-219. Same--Homemaker program.
       (a)     The board of county commissioners may appropriate funds out of its general
revenue fund of the county budget to the Monroe County Council on the Aging, Inc., a Florida
nonprofit corporation for the purpose of operating a homemaker program for the aged under a
federal grant program.
      (b)     Any funds appropriated hereunder shall be expended by said Monroe County
Council on the Aging, Inc., a Florida nonprofit corporation.
      (c)     The operation of said homemaker program and the funds expended therefor are
hereby decreed to be a county, welfare and public purpose.
(Code 1979, § 2-219; Ord. No. 8-1975, §§ 1--3)

Sec. 2-220. Health Systems Agency of South Florida.
       (a)    The board of county commissioners may appropriate funds out of its general
revenue fund of the county budget to the Health Systems Agency of South Florida for the purposes
of operating a comprehensive health planning and advisory service program in Monroe County,
Florida.
       (b)    Any funds appropriated hereunder shall be expended by said Health Systems
Agency of South Florida for the payment of direct expenses of the Health Systems Agency of South
Florida incurred in Monroe County, Florida, in providing a comprehensive health planning and
advisory service program and all such direct expenses shall be approved by the board of county
commissioners.
      (c)    The operation of said health planning and advisory service program and the funds
expended therefor are hereby decreed to be a county, welfare and public purpose.
(Code 1979, § 2-220; Ord. No. 4-1976, §§ 1--3)

Sec. 2-221. Volunteer ambulance services.
       (a)    The board of county commissioners is hereby authorized to budget and expend
county funds for the education, training, and individual licensing fees for members of each of the
volunteer ambulance services in the county, and for the purchasing of equipment for said
ambulance services.
      (b)     Before any funds are expended under the provisions of this section, said
expenditures must be approved by a majority of the board of county commissioners.
(Code 1979, § 2-221; Ord. No. 4-1974, §§ 1, 2)


Sec. 2-222. Guidance Clinic of the Middle Keys.
       (a)    The board of county commissioners may appropriate funds out of its general
revenue fund of the county budget to the Guidance Clinic of the Middle Keys for the purpose of
operating an alcoholic rehabilitation program through the Monroe Alcoholic Rehabilitation Center.
      (b)     Any funds appropriated hereunder shall be expended by said Guidance Clinic of the
Middle Keys for the payment of direct expenses of the Monroe Alcoholic Rehabilitation Center and
approved by the board of county commissioners.
       (c)     The operation of said alcoholic rehabilitation program and the funds expended
therefor are hereby decreed to be a county, welfare and public purpose.
(Code 1979, § 2-222; Ord. No. 1-1976, §§ 1--3)
                                                                                             Page 19 of 94



Sec. 2-224. Disbursal of funds for Senior Community Service Project.
   The clerk of the courts of Monroe County, Florida, is authorized to disburse funds from any
appropriate and lawful account to pay the cost of transportation, rental of meeting rooms and
noontime meals in conjunction with the Senior Community Service Project quarterly enrollee's
meetings for as long as such meetings are required by the National Council on the Aging.
(Code 1979, § 2-224; Ord. No. 13-1987, § 1)



               ARTICLE V. MUNICIPAL SERVICE TAXING OR BENEFIT DISTRICTS


                                       DIVISION 1. GENERALLY


Sec. 2-235. Incorporation; boundaries.17
    All of the unincorporated lands in the county shall become and be incorporated into thirteen
(13) municipal service taxing or benefit units, as authorized by F.S. ch. 125, for the purpose of
providing municipal services as hereinafter described within the territorial limits of each district
financed from ad valorem taxes levied and user fees collected within each district only, each of
which shall be a public corporation to be known as and having the following territorial boundaries:
         (1a) Stock Island Municipal Service District: Located between Cow Key Channel east to
                Boca Chica Channel.
         (1b) Big Coppitt Municipal Service District: Located between Boca Chica Channel east to
                Shark Channel.
         (1c) Sugarloaf Municipal Service District: Located between Shark Channel east to Kemp
                Channel.
         (1d) Big Pine Municipal Service District: Located between Kemp Channel and the Seven
                Mile Bridge.
         (2)       District 2: Little Duck Key north to Banana Boulevard, Valhalla Beach and the City
                  of Key Colony Beach, Florida.
         (3)      District 3: From Banana Boulevard, Valhalla Beach north to Long Key Bridge.
         (4)      District 4: Between the Long Key Bridge and mile marker 90.7.
         (4a) Long Key Municipal Service District: Located from Long Key Bridge north up to Craig
                Key, including the City of Layton, Florida.
         (4b) Islamorada Municipal Service District: Located from and including Craig Key north to
                 Snake Creek.


17
     Legal Analysis: 1979 Code § 2-235. Incorporation; boundaries. This section is contradictory.
         The introduction states that 13 districts are created; yet 14 are listed. It also indicates the
         provisions only apply to unincorporated areas; yet the City of Layton is listed. It has been
         assumed that the districts include incorporated areas, unless stated otherwise and this
         section altered. If this is not the case, then the boundaries of the various districts should
         be reviewed to insure that they do not include incorporated areas. Also simplified the last
         subsection. Deleted subsection (9) as covered by 1979 Code § 2-257. This deletion makes
         the number listed correct.
                                                                                                 Page 20 of 94

         (5)    District 5: From mile marker 90.7 to the Dade/Monroe County line and any
                mainland portions of Monroe County.
         (6)     District 6: That part of Key Largo from South Bay Harbor Drive and Lobster Lane
                to the southern boundary of the intersection of the right-of-way County roads 905
                and 905A, plus Cross Key.
         (7)    District 7: That part of Key Largo north of the boundary of District 6.
         (8)     District 8: All other properties situated in the unincorporated areas of Monroe
                County, Florida, not included within any of the above delineated seven (7) districts,
                including in said District 8 all of those properties situated on the mainland of the
                State of Florida between Dade and Collier Counties, and including all keys not
                connected to U.S. 1.
         (9)     Local road patrol law enforcement district. The district consists of the following
                areas: the unincorporated area of Monroe County; and subject to the approval of
                their respective governing bodies as provided in subsection 2-257(g), the following
                municipalities: Key Colony Beach; Layton; Islamorada; Marathon; Key West; and
                any municipality that incorporates after the effective date of this subsection
                [October 12, 2000]. [See § 2-257 for specific district regulations.].
(Code 1979, § 2-235; Ord. No. 5-1977, § 1; Ord. No. 14-1977, § 3; Ord. No. 12-1978, § 1; Ord. No. 7-1979, § 1;
Ord. No. 11-1979, § 1; Ord. No. 4-1981, § 1; Ord. No. 50-1987, § 2; Ord. No. 44-1988, § 1; Ord. No. 35-1996, §
1; Ord. No. 45-2000, §§ 1, 3; Ord. No. 52-2000, § 1)
Sec. 2-236. Each district to be separate political entity.
    Each district shall be a separate and distinct political entity from the board of county
commissioners and all revenues of each district established hereunder shall be separate and
distinct from the general revenues of the county, and shall be separate and distinct from each
other municipal service and/or benefit district and each district's revenues shall be carried as a
supplement to the county general revenue funds and the end of the year surpluses of each district's
revenues, if any, shall be carried over in that district's budget from fiscal year to fiscal year.
(Code 1979, § 2-236; Ord. No. 5-1977, § 2)

Sec. 2-237. Interlocal agreements with municipalities.
    Any or all of the incorporated municipalities in the county may by adoption of an ordinance
setting forth their agreement to become a member of a district, elect to participate in one of the
taxing and/or benefit units created hereby. Thereafter said municipality and lands located therein
shall be subject to the provisions of this article, and said municipality shall be entitled to voting
membership in said district, and said municipality shall by resolution directed to the board of
county commissioners appoint two (2) of its commission members to sit upon said board.
(Code 1979, § 2-237; Ord. No. 5-1977, § 3; Ord. No. 12-1978, § 2)

Sec. 2-238. Governing body.18
        (a)      The governing body of each newly created district, hereinafter termed "the district"
or "such district," shall be known and designated as the board of county commissioners, but may
consist of city commissioners in the case of adoption of municipal ordinance electing membership
in a district, in which case the governing board shall consist of three (3) county commissioners and
two (2) city commissioners, the members to be named by the respective boards by resolution. Such
board, constituted under the ordinance, shall have all the power of a body corporate, including the

18
     Legal Analysis: 1979 Code § 2-238. Governing body. Deleted the first sentence of subsection (b)
         as covered by subsection (a).
                                                                                                Page 21 of 94

power to contract, interlocally, under the provisions of F.S. ch. 163, or otherwise, and to be
contracted with in behalf of each district; to sue and to be sued; to adopt and use a common seal
and to alter the same at pleasure; to acquire, to purchase, hold, lease and convey such real estate
and personal property, including equipment, as such board may deem proper or expedient to carry
out the purposes of this article; to employ such experts, agencies and employees as such board may
require or deem advisable; to borrow money and to issue negotiable promissory notes, certificates
of indebtedness as hereinafter provided; and to generally exercise the powers of a public authority
organized and existing for the purpose of providing fire protection, ambulance service, street
lighting, parks and recreation within the territorial limits of each district.
       (b)     The board shall at all times consist of no less than five (5) members, no less than
three (3) of whom shall be county commissioners and no more than two (2) of whom shall be city
commissioners. The members of the board shall serve until their respective terms as county or city
commissioners shall expire or until such time as their successors are appointed. It shall be an
essential qualification that the membership of the board be county and/or city commissioners.
        (c)     As soon as practicable, after this article becomes a law, the board of each newly
created district shall meet and organize by the election from their board, a chairman and a vice-
chairman. The clerk of the circuit court of the Sixteenth Judicial Circuit of the State of Florida, as
ex officio clerk of the board of county commissioners, shall be the ex officio clerk, auditor, recorder
of the minutes and accounts and custodian of each district's funds. Three (3) members of the board
shall constitute a quorum. A majority of a quorum shall be necessary for the transaction of
business. The chairman shall vote at all meetings of said board.
       (d)      The board shall not receive compensation for their service upon such board.
       (e)     The governing body of the several special taxing districts shall have the right to
establish rates of user fees by resolution.
(Code 1979, § 2-238; Ord. No. 5-1977, §§ 4--7; Ord. No. 12-1978, §§ 3, 4; Ord. No. 50-1987, § 3; Ord. No. 44-
1988, § 2)
Sec. 2-239. Auditing of books.
    The books of each district created under this article shall be audited by the same officers and in
like manner as the books of county officers.
(Code 1979, § 2-239; Ord. No. 5-1977, § 8)

Sec. 2-240. Power to purchase, hold property.
    The board shall have the power and authority to hold, control and acquire, by right of
purchase, for the use of each district, any real or personal property and to pay the purchase price
in installments or deferred payments.
(Code 1979, § 2-240; Ord. No. 5-1977, § 8)

Sec. 2-241. Authority to borrow.
    The board is hereby authorized and empowered, in order to carry out the purpose of this
article, to borrow money and issue certificates of indebtedness therefor upon such terms and at
such rates of interest as the board may deem advisable and in accordance with the provisions of
article VII, section 12 of the Florida Constitution of 1968 and F.S. ch. 125 and other special and
general laws and said certificates of indebtedness may be a charge upon all revenues derived from
taxes in that year or may be made payable from budgetary requirements in due course of law, as
the board may elect.
(Code 1979, § 2-241; Ord. No. 5-1977, § 9)
                                                                                            Page 22 of 94

Sec. 2-242. Deposit, handling funds.
    The funds of each district created under this article shall be deposited in the name of the
district in a bank authorized to receive deposits of county funds, which bank shall be designated by
a resolution of the board. Such designation of such bank, for deposit of funds therein, shall be the
exercise of due care and diligence on the part of said clerk for the safekeeping of said funds. No
funds of a district shall be paid or disbursed save and except by warrant, signed by the chairman
of the board and attested to by the clerk.
(Code 1979, § 2-242; Ord. No. 5-1977, § 10)

Sec. 2-243. Lawful uses of funds.
    No funds of districts 1a, 1b, 1c, 1d, 2, 3, 4a and 4b created under this article shall be used for
any purpose other than the administration of the affairs and business of such district, for the
construction, care, maintenance, upkeep, operation and purchase of law enforcement, beach
erosion control, recreation service and facilities, streets, sidewalks, street lighting, drainage or
transportation equipment as the board may determine. No funds of districts 5, 6, 7 and 8 created
under this article shall be used for any purpose other than the administration of the affairs and
business of such district, for the construction, care, maintenance, upkeep, operation and purchase
of fire fighting, ambulance service, law enforcement, beach erosion control, recreation service and
facilities, streets, sidewalks, street lighting, drainage or transportation equipment for the district
as the board may determine.
(Code 1979, § 2-243; Ord. No. 5-1977, § 11; Ord. No. 14-1977, § 4, Ord. No. 44-1988, § 3)

Sec. 2-244. Authority to purchase services.
    The board of districts 1a, 1b, 1c, 1d, 2, 3, 4a and 4b created under this article shall have the
power and authority to acquire by gift or purchase and to pay the purchase price for such law
enforcement, beach erosion control, recreation service and facilities, streets, sidewalks, street
lighting, drainage and transportation equipment as is deemed reasonably necessary for the
providing of municipal services related thereto within each municipal taxing district and shall
have authority to hire such personnel or fund such services and prescribe rules and regulations
pertaining thereto so long as the same is not inconsistent with the provisions of general or special
law.
    The board of districts 5, 6, 7 and 8 created under this article shall have the power and
authority to acquire by gift or purchase and to pay the purchase price for such fire protection,
ambulance service, law enforcement, beach erosion control, recreation service and facilities,
streets, sidewalks, street lighting, drainage and transportation equipment as is deemed reasonably
necessary for the providing of municipal services related thereto within each municipal taxing
district and shall have authority to hire such personnel or fund such services and prescribe rules
and regulations pertaining thereto so long as the same is not inconsistent with the provisions of
general or special law.
(Code 1979, § 2-244; Ord. No. 5-1977, § 12; Ord. No. 14-1977, § 4; Ord. No. 44-1988, § 4)

Sec. 2-245. Interlocal agreements.
        (a)     The board of each district created under this article shall have the power and
express authorization to enter into interlocal agreements with any municipality, political
subdivision, agency, or officer of the state, including but not limited to, state government, county,
city, school district, single or multipurpose special district, single or multipurpose public authority;
to provide for joint exercise of any power, privilege or authority which such district may have in
common and which each might exercise separately.
      (b)     In the event an interlocal agreement is entered into between a district and a
municipality, such agreement shall be in compliance with the terms of Chapter 163, Florida
                                                                                             Page 23 of 94

Statutes, and shall include an express provision as to how such municipality shall pay for its
participation in a district which may be either from funds derived from service charges, special
assessments or taxes imposed within such municipality by such municipality or from budgetary
payments made in the due course of law from such municipality to the district.
(Code 1979, § 2-245; Ord. No. 5-1977, §§ 13, 29)

Sec. 2-246. Duties of officers of board.
   The officers of the board of each district created under this article shall have the duties usually
pertaining to, vested in, and incumbent upon, like officers. A record shall be kept of all meetings of
such board. The board may adopt such rules and regulations as it may deem necessary in and
about the transaction of its business, and in carrying out the provisions of this article.
(Code 1979, § 2-246; Ord. No. 5-1977, § 14)
Sec. 2-247. Annual report of board; fiscal year.
        (a)    The board of each district created under this article shall, on or before the first day
of November, make an annual report of its actions and accounting of its funds as of the thirtieth
day of September of each year in a manner and in accordance with the provisions of general and
special law as that as is required by the county and shall file said report in the office of the clerk of
the circuit court of this county, whose duty it shall be to receive and file such report and hold and
keep the same as a public record.
      (b)     The fiscal year of each district is hereby fixed as commencing on October first and
ending on September thirtieth.
(Code 1979, § 2-247; Ord. No. 5-1977, § 15)

Sec. 2-248. Funds to be paid out only on warrant of clerk.
    The funds of each district created under this article shall be paid out only upon warrant signed
by the chairman of the board and attested to by the clerk and having thereto affixed the corporate
seal of the district; and no warrant shall be drawn or issued against funds of any district except for
a purpose authorized by this article, and no such warrant against funds of any district shall be
drawn or issued until after the account or expenditure for which the same is to be given in
payment has been ordered and approved by the board of the municipal taxing district.
(Code 1979, § 2-248; Ord. No. 5-1977, § 16)
                                      19
Sec. 2-249. Tax levy--Generally.
       (a)     The board of each municipal service taxing or benefit unit created by this article is
authorized, empowered and directed annually to levy upon all the real and personal taxable
property, excluding homesteads, in each district, a sufficient tax to pay the necessary costs for the
maintenance, operation and support of the district as authorized by and within the limits fixed for
municipal purposes within each such municipal service taxing unit under the authority of the
second sentence of section 9(b), article VII of the State Constitution and F.S. § 125.01 (1) (q).
       (b)     The levy by such board of the taxes authorized by any provision of this article shall
be by resolution of such board duly entered upon the minutes of the board. Millage shall be set and
ad valorem taxes levied thereon in accordance with the provisions of general law and in like
manner as required for the setting of millage and levy of ad valorem taxes by a county. It shall be
the duty of the county commissioners to order and require the county property appraiser to assess,

19
     Legal Analysis: 1979 Code § 2-249. Tax levy--Generally. It is noted that the services authorized
         in subsection (c) do not conform to F.S. § 125.01(1)(q). It is assumed that this is
         intentional. Also deleted the number of districts from subsection (c) as inaccurate. There
         are now 13 districts.
                                                                                               Page 24 of 94

and the county tax collector to collect, the amount of taxes so assessed or levied by the board of
commissioners of each district upon the taxable property, including homesteads to the extent that
taxes may be lawfully levied upon homesteads, in said district at the rate of taxation adopted by
said board of commissioners of the district for such year and included in the warrant of the
property assessor and attached to the assessment roll of taxes for such year and included in the
warrant of the property assessor and attached to the assessment roll of taxes for this county each
year. The tax collector of the county shall collect such tax so levied by such board in the same
manner as other taxes are collected, and shall pay the same over to the board of the district levied
upon within the time and in the manner prescribed by law for the payment by the tax collector of
county taxes and shall be held by such board and paid out by them as provided in this article. Tax
certificates and tax deeds shall be issued for all delinquent properties in accordance and in like
manner as the same are authorized to be issued by F.S. ch. 197 and other general and special law
regulating the issuance of same for nonpayment of delinquent county and ad valorem taxes.
       (c)      It is herein and hereby determined and declared that the municipal service taxes
herein provided for fire protection, ambulance service, law enforcement, beach erosion control,
recreation service and facilities (including parks), streets, sidewalks, street lighting, drainage or
transportation are where authorized as a district purpose, municipal assessments for municipal or
peculiar benefits accruing to the properties within each of the twelve (12) municipal taxing and/or
benefit districts herein created against which properties such levies are directed to be made. It is
also herein and hereby found, determined and declared that fire protection, ambulance service, law
enforcement, beach erosion control, recreation service and facilities (including parks), streets,
sidewalks, street lighting, drainage and transportation within the districts herein created are
public purposes, and are also county, district and municipal purposes where authorized as an
enumerated district purpose.
(Code 1979, § 2-249; Ord. No. 5-1977, §§ 17--19; Ord. No. 14-1977, § 4; Ord. No. 11-1979, § 2; Ord. No. 44-
1988, § 5)

Sec. 2-250. Same--When referendum is required.
       (a)     Annually, commencing with fiscal year 1978-1979, the board may, without
referendum election, levy ad valorem taxes within each or any of such municipal districts for
necessary operational and maintenance expenses for fire protection, law enforcement, ambulance
service, beach erosion control, recreational service and facilities, streets, sidewalks, street lighting,
drainage and transportation. In addition, the board may, without referendum election, levy ad
valorem taxes within each or any of such municipal districts for purchases of items of capital
equipment the cost of which does not exceed five thousand dollars ($5000.00) per item.
       (b)     Prior to the imposition of an ad valorem levy to be pledged for any form of
indebtedness for which a referendum is required by article VII, section 12, Florida Constitution, or
when otherwise required by general or special law, a referendum election must be held and passed
favorably by a majority of those electors voting in the election. The procedure shall be as follows:
       (1)      The board of county commissioners, by resolution, shall request that the supervisor
               of elections conduct a referendum election within the territorial boundary of the
               district. In addition, the election procedure, including notice and the form of the
               ballot question, shall be in a manner conforming to general law.
       (2)      The proposed levy request shall be deemed to have passed when a majority of the
               electors voting in the referendum election shall have voted for the levy or levies
               described in the ballot.
The proposed levy, if authorized by the electors and thereafter levied by the board of county
commissioners, shall only be used for the purposes set forth on the ballot.
                                                                                                Page 25 of 94

(Code 1979, § 2-250; Ord. No. 5-1977, § 30; Ord. No. 14-1977, § 5; Ord. No. 12-1978, § 5; Ord. No. 44-1988, §
6)

Sec. 2-251. Organizational and administrative expenses.
    The board is authorized to pay from the funds of each district created under this article all
expenses of the organization of such board and all expenses necessarily incurred in the formation
of each district and all other reasonable and necessary expenses of an attorney in the transaction
of the business of the district, and in carrying out and accomplishing the purposes of this article.
(Code 1979, § 2-251; Ord. No. 5-1977, § 20)

Sec. 2-252. Yearly publication of income statement required.
    At least once in each year, the board shall publish once in a newspaper published in this county
a complete detailed statement of all monies received and disbursed by them since the creation of
each district, as to the first published statement and since the last published statement as to any
other year. Such statements shall also show the several sources from which said funds were
received and shall show the balance on hand at the time of the published statement. It shall show
a complete statement of the condition of each district.
(Code 1979, § 2-252; Ord. No. 5-1977, § 21)

Sec. 2-253. Voter approval of obligations.
    When required by the laws of the state, any obligation issued or incurred by any district shall
be approved by the qualified electors.
(Code 1979, § 2-253; Ord. No. 5-1977, § 22)

Sec. 2-254. Damaging property of districts; punishment.
   Whoever shall willfully damage any of the property in any district created under this article
shall be punished as provided in the general law for punishments for malicious injury to property.
(Code 1979, § 2-254; Ord. No. 5-1977, § 23)

Sec. 2-255. Amendments.
   This article may be subsequently amended by the same procedure as in its original enactment.
(Code 1979, § 2-255; Ord. No. 5-1977, § 27)

Sec. 2-256. Article to be full authority for projects; jurisdiction of board; exemption from
licensing, etc., requirements.
       (a)      This article is full authority for the establishment of district projects.
        (b)     The board of districts 1a, 1b, 1c, 1d, 2, 3, 4a and 4b shall have jurisdiction and
control over all of each district, including, but not limited to, all law enforcement, beach erosion
control, recreation service and facilities (including parks), streets, sidewalks, street lighting,
drainage and transportation facilities to the full extent that such board may exercise valid
jurisdiction therein.
        (c)     The board of districts 5, 6, 7 and 8 shall have jurisdiction and control over all of
each district, including, but not limited to, all fire protection, ambulance service, law enforcement,
beach erosion control, recreation service and facilities (including parks), streets, sidewalks, street
lighting, drainage and transportation facilities to the full extent that such board may exercise
valid jurisdiction therein.
(Code 1979, § 2-256; Ord. No. 5-1977, § 29; Ord. No. 14-1977, § 4; Ord. No. 44-1988, § 7)

Sec. 2-257. Local road patrol law enforcement district.
       (a)      There is hereby created a municipal service taxing unit for the purpose of providing
                                                                                           Page 26 of 94

the following essential municipal service: Local road patrol law enforcement services. The taxing
unit is to be known as the Monroe County Local Road Patrol Law Enforcement District, hereafter
the "district". For the purposes of this section, local road patrol law enforcement service means
regularly scheduled patrol by uniformed law enforcement officers in marked patrol cars whose full-
time duty assignment involves responding to calls for service and engaging in crime prevention
activities, sergeants who provide first-line supervision to those officers, and general case detectives
not assigned to investigate major crimes or function as crime scene technicians.
       (b)     In carrying out the district purpose, the district is to be financed by ad valorem
taxes collected within the district. Nothing in this section prevents the Sheriff of Monroe County
from charging fees for services rendered to specific persons for enhanced service (e.g. increased
security at festivals and sporting events) so long as the fee(s) are established in a uniformly
applicable schedule approved by the sheriff.
      (c)     Subject to subsection (g) of this section, the governing body of the district is the
board of county commissioners, hereafter the "board". Members will not receive additional
compensation for their board service.
        (d)      The board has the power to: Levy ad valorem taxes as provided by general law;
make all necessary payments to the Sheriff of Monroe County for carrying out the district purpose;
enter into interlocal agreements under F.S. § 163.01; to enter into contracts on behalf of the
district; to sue and be sued; to adopt and use a common seal; to exercise the power of condemnation
as provided by general law; to otherwise acquire by gift, negotiated purchase, or installment
payment, real estate and personal property including equipment and lease and convey the same,
as provided by general law; employ experts, agencies and employees proper and expedient to carry
out the district purpose; to borrow money and issue negotiable promissory notes, bonds or other
certificates of indebtedness, as provided by general law; and to exercise all powers granted by
general law to municipal service taxing units created pursuant to F.S. § 125.01(1).
       (e)
       (1)    The Clerk of the Circuit Court, 16th Judicial Circuit, the ex officio clerk to the board
              of county commissioners, is the ex officio clerk, auditor, recorder of minutes and
              accounts, and the custodian of the district funds unless or until the funds are
              transferred to the Sheriff of Monroe County.
       (2)     Except as provided in subsection (e)(3), the district books must be audited by the
              same county officers, employees or independent auditors, and in a similar manner as
              the books of other county departments in conformity with applicable law and
              generally accepted accounting principles.
       (3)     The clerk must not commingle district funds with other county revenues and must
              maintain the district funds in an account or fund apart from other county funds or
              revenue. District revenue not needed for immediate expenditure must be invested by
              the clerk in the same manner as other county surplus funds are invested. However,
              nothing in this paragraph (e)(3) prevents the board from transferring district funds
              to the Sheriff of Monroe County pursuant to F.S. § 30.50, for the purpose of
              providing local road patrol law enforcement services within the district. In that case,
              the sheriff is the custodian of the district funds so transferred and must account for
              those funds as provided by general law.
       (f)     District funds may only be expended for the following purposes:
       (1)     Payment(s) to the Sheriff of Monroe County for the provision of local road patrol law
              enforcement services within the district.
       (2)     Compensation to district employees, consultants, experts, and independent
                                                                                     Page 27 of 94

      contractors, not employed or hired by the sheriff, when authorized by the board;
(3)   The purchase, construction, care, maintenance and operation of real and personal
      property necessary for carrying out the district purpose, as authorized by the board;
(4)    The repayment of all debts lawfully incurred under this section or pursuant to
      general law.
(g)
(1)   Any or all of the municipalities of Key Colony Beach, Layton, Islamorada, Marathon,
      Key West, and any municipality that incorporates after the effective date of this
      section [October 12, 2000] in the county will be included within the district upon
      such municipality(ies) passing a municipal ordinance approving inclusion before
      January 1 immediately prior to the commencement of the fiscal year for which the
      municipality wishes to be included.
(2)    If one of the municipalities passes a timely ordinance electing to join the district,
      then the board will consist of four (4) county commissioners and one (1) member of
      the city council. If two (2) municipalities elect to join the district, then the board will
      consist of three (3) county commissioners and a city council member from each
      municipality. If more than two (2) municipalities elect to join the district, then the
      board will consist of three (3) county commissioners and a city council member from
      the two (2) municipalities with the highest and next highest population, as
      determined from the most recently available census data. The county commission
      and city councils must designate their members by resolution.
(h)
(1)   The board is authorized and empowered to annually levy upon all the real and
      personal property within the district, including participating municipalities, a
      sufficient tax to pay all the necessary costs of whatever kind, including capital
      expenditures, as authorized by this section within the limits established for
      municipal service taxing units under Art. VII, Sec. 9(b), Fla. Const., F.S. § 125.01(1),
      and F.S. § 200.071(3).


(2)    The levy by the board of the taxes authorized by any provision of this section must
      be by resolution of the board duly entered upon the minutes of the board. Millage
      must be set and ad valorem taxes levied thereon in accordance with the provisions of
      general law and in like manner as required for the setting of millage and levy of ad
      valorem taxes by a county. It is the duty of the board to order and require the
      property appraiser to assess, and the tax collector to collect, the amount of taxes so
      assessed or levied by the board upon the taxable property in the district at the rate
      of taxation adopted by the board for the year. The tax collector must collect such tax
      so levied by the board in the same manner as other taxes are collected, and must pay
      the same over to the board within the time and in the manner prescribed by law for
      the payment by the tax collector of county taxes and which taxes then must be held
      by the board and paid out as provided in this section. Tax certificates and tax deeds
      must be issued for all delinquent properties in accordance with and as required by
      F.S. ch. 197, and other applicable law regarding the issuance of same for
      nonpayment of delinquent county ad valorem taxes.
(3)    The board of county commissioners has determined that the district ad valorem
      taxes provided for in this section and the of local road patrol law enforcement service
      authorized herein are municipal taxes for municipal benefits accruing to the
                                                                                           Page 28 of 94

                properties within the district upon which the ad valorem levies are directed to be
                made. The board of county commissioners also finds and determines and declares
                that the local road patrol law enforcement service authorized in this ordinance is a
                public purpose and essential municipal service under F.S. § 125.01(1)(q).
       (i)     The board is authorized to pay from the funds of the district all expenses
necessarily incurred in the formation of the district.
       (j)     The officers of the board have the duties, whether mandated by statute or common
law, usually pertaining to, vested in, and incumbent upon like officers. A record must be kept of all
meetings of the board. The board may adopt the rules and regulations it deems necessary for the
transaction of its business, and in carrying out the provisions of this section.
(Code 1979, § 2-257; Ord. No. 45-2000, §§ 1, 2, 4--11)
State law reference--Creation of municipal service taxing units, F.S. § 125.01(1)(q).


                           DIVISION 2. REIMBURSEMENT OF EXPENSES
Sec. 2-260. Findings of fact.20
    The board of county commissioners does find that since the volunteer fire and rescue personnel
in the special taxing districts created by Ordinance No. 031-1988 and districts 5 and 6 set up for
the protection of the lives and property of the citizens of Monroe County render a service which is
utterly essential and necessary for this type of protection that under the provisions creating the
municipal services of a taxing district under F.S. § 125.01(1)(q), that certain reimbursement
provisions should be maintained for said volunteer personnel. It is the intent of this body to
therefore create and permit the reimbursement of said volunteers not to exceed four hundred (400)
in number so that said services may be maintained at a high and realistic standard. In so doing,
the board of county commissioners do find sufficient funds are available and prescribed in the
budget of the various special taxing districts hereinabove recited, to wit: The Fire and Ambulance
District 1, and District 6. From said district budgets, the funds shall be expended on a contractual
basis to each volunteer, a copy of said specimen contract being hereto attached and made a part
hereof by direct reference.
(Code 1979, § 2-260; Ord. No. 10-1982, § 1; Ord. No. 44-1988, § 8; Ord. No. 4-2002, § 2)


Sec. 2-261. Personnel affected.
    The personnel to be affected by this division shall be those volunteers in both the fire/rescue
departments and emergency medical service departments of all of the special taxing districts
hereinabove enumerated but who also work for and on behalf of the following organizations: Stock
Island Volunteer Fire Department, Inc.; Big Coppitt Volunteer Fire Department, Inc.; Sugarloaf
Key Volunteer Fire Department, Inc.; Big Pine Key Volunteer Fire Department, Inc.; Marathon
Volunteer Fire and Rescue, Inc.; Conch Key Volunteer Fire Department and Rescue Squad, Inc.;
Layton Volunteer Fire Department, Inc.; Islamorada Volunteer Fire, Ambulance and Rescue
Corps, Inc.; Tavernier Volunteer Fire Department and Ambulance Corps., Inc.; Key Largo
Volunteer Fire Department, Inc.; and Key Largo Volunteer Ambulance, Inc.
   All of the corporate names that appear in the preceding paragraph except the Key Largo
Volunteer Fire Department, Inc. and the Key Largo Volunteer Ambulance, Inc. correspond to Fire

20
     Legal Analysis: 1979 Code § 2-260. Findings of fact. Revised to ungarble the section. Careful
         review is urged. Ord. No. 031-1988 is not in the and apparently never was included. This
         latter issue will be discussed in detail at the editorial conference.
                                                                                                  Page 29 of 94

and Ambulance, District 1. Key Largo Volunteer Fire Department, Inc. and the Key Largo
Volunteer Ambulance, Inc. correspond to Fire and Ambulance, District 6.
    The various members of the units hereinbefore described shall be compensated on a monthly
basis for each budget year based on an agreement entered into by and between the operating
corporations and the county commission acting as the governing body of District 6 and/or District 1
governing body wherein they are volunteers by agreement entered into and filed with the special
taxing district. The reimbursement schedule shall be set forth in the agreement and may be
adjusted from time to time as the parties may mutually agree. The county commission as the
governing body may also enter into agreements with the various operating corporations to provide
for a length of service awards program and disability and death benefit insurance for the
volunteers.
(Code 1979, § 2-261; Ord. No. 10-1982, § 2; Ord. No. 10-1983, § 1; Ord. No. 26-1987, §§ 1, 2; Ord. No. 44-1988,
§ 9; Ord. No. 13-1992, § 1; Ord. No. 4-2002, § 3)

Sec. 2-262. Funds to be budgeted in districts.
    The funds to be expended under the provisions of this division shall be set forth in the budget
of the respective special taxing districts as is enumerated in the caption and hereinabove.
(Code 1979, § 2-262; Ord. No. 10-1982, § 3; Ord. No. 44-1988, § 10)
                                         21
Sec. 2-263. Required agreements.
    The various districts reflected in section 2-260 hereof shall be required to enter into
agreements with the corporations performing the services to the various districts as a conditioned
precedent to the reimbursement to the volunteers provided in this division. These agreements
shall be executed by the presiding officer of the board of each special taxing district and the officers
of the operating corporations.
    Further, any agreements effective beyond September 30, 1988, and entered into with special
taxing districts described in section 2-235(1a)--(4b), which districts performed the functions of the
districts now described as the Lower and Middle Keys Fire and Ambulance District created by
Ordinance No. 031-1988, are hereby ratified, confirmed and adopted as contracts of the Fire and
Ambulance, District 1; as if the agreements had originally been entered into with that special
taxing district.
(Code 1979, § 2-263; Ord. No. 10-1982, § 4; Ord. No. 44-1988, § 11; Ord. No. 13-1992, § 2; Ord. No. 4-2002, §
4)
Sec. 2-264. Authority to promulgate rules and regulations.
    Rules and regulations may be promulgated by the various special taxing districts relative to
the contents of this division to include the compliance with any laws and/or ordinances that relate
to the contents of this division; but it shall not be exclusive of any and all rules required for the
beneficial operation of special taxing districts in regard to the welfare of the people of Monroe
County and their property.
(Code 1979, § 2-264; Ord. No. 10-1982, § 5; Ord. No. 44-1988, § 12) ;oxh5; Secs. 2-265, 2-266.\Reserved.

                       ARTICLE VI. HOUSING FINANCE AUTHORITY*22
*State law reference--Florida Housing Finance Authority Law, F.S. § 159.601 et seq.


21
     Legal Analysis: 1979 Code § 2-263. Required agreements. Deleted last sentence as obsolete.
22
     Legal Analysis: 1979 Code ch. 2, art. VII. Housing Finance Authority. Deleted. Under F.S. §
         159.601 et seq. (and as stated in 2-269) et seq., this article does not create a housing
         finance authority--the statute creates it and it is activated by a resolution.
                                                                                        Page 30 of 94




Sec. 2-267. Findings of fact.
   It is hereby found and declared that there is a shortage of housing and capital for investment
in housing within this county and that there is a need for a housing finance authority in this
county to alleviate and remedy these housing and investment capital shortages.
(Code 1979, § 2-267; Ord. No. 10-1979, § 2)

Sec. 2-268. Created.
   There is hereby created a separate public body corporate and politic to be known as the
Housing Finance Authority of Monroe County, Florida, which shall carry out only the powers
granted in the Florida Housing Finance Authority Law.
(Code 1979, § 2-268; Ord. No. 10-1979, § 3)

Sec. 2-269. Subject to board of county commissioners.
    The housing finance authority shall not transact any business or exercise any powers under
the Florida Housing Finance Authority Law until the board of county commissioners passes a
resolution declaring the need for said housing finance authority to function to alleviate a shortage
of housing and capital for investment in housing in the county.
(Code 1979, § 2-269; Ord. No. 10-1979, § 4)
.

ARTICLE VII. HOMESTEAD EXEMPTION FOR CERTAIN PERSONS AGE 65 OR OLDER


Sec. 2-280. Definitions.
   Household means a person or group of persons living together in a room or group of rooms as a
housing unit, but the term does not include persons boarding in or renting a portion of the
dwelling.
   Household income means the adjusted gross income, as defined in Section 62 of the United
States Internal Revenue Code, of all members of a household.
(Code 1979, § 2-280; Ord. No. 045-1999, § 1)

Sec. 2-281. Grant of additional homestead exemption to certain persons 65 or older.
       (a)     The board of county commissioners hereby grants an additional homestead
exemption of twenty-five thousand dollars ($25,000.00) to any person who has the legal or
equitable title to real estate and maintains thereon permanent residence as owner, who has
attained the age of sixty-five (65), and whose household income does not exceed twenty thousand
dollars ($20,000.00), or the inflation adjusted amount provided for in F.S. § 196.075(3).
       (b)     The exemption granted in subsection (a), above, of this section applies only to taxes
levied by the board of county commissioners.
       (c)    Any taxpayer claiming the exemption granted in subsection (a), above, of this
section must annually submit to the property appraiser, not later than March 1, a sworn
statement of household income on a form prescribed by the Department of Revenue.
(Code 1979, § 2-281; Ord. No. 045-1999, § 2)
State law reference--Authority for above exemption, F.S. § 196.075.

                         ARTICLE VIII. TOURIST DEVELOPMENT TAX
                                                                                           Page 31 of 94

Sec. 2-297. Levy of tourist development tax.
       (A)      There shall be levied throughout the incorporated and unincorporated areas of
Monroe County, Florida, a tourist development tax at a rate of three (3) percent of each whole and
major fraction of each dollar of the total rental charged every person who rents, leases or lets for
consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort
motel, apartment motel, rooming house, tourist or trailer camp or condominium for a term of six
(6) months or less. When receipt of consideration is by way of property other than money, the tax
shall be levied on the fair market value of such nonmonetary consideration.
       (B)    The tourist development tax shall be in addition to any other tax levied pursuant to
F.S. ch. 212 and in addition to all other taxes, fees and the consideration for rental or lease.
       (C)     The tourist development tax shall be charged by the person receiving the
consideration for the lease or rental, and it shall be collected from the lessee, tenant or customer at
the time of payment of the consideration for such lease or rental.
(Code 1979, § 2-297; Ord. No. 15-1988, § 1)

Sec. 2-298. Collection.23
        (A)     Pursuant to the provisions of F.S. § 125.0104(10), Monroe County shall collect and
administer the tourist development tax locally. Initial collection of the tax shall continue to be
made in the same manner as the tax imposed under F.S. ch. 212. The Monroe County Tax
Collector shall be responsible for the collection and administration of the tax. A person receiving
the consideration for rental or lease payments shall receive, account for, and remit the tax thereon
to the Monroe County Tax Collector at the time and in the manner provided for persons who
collect and remit taxes under F.S. § 212.03. The same duties and privileges imposed by chapter
F.S. ch. 212 upon dealers in tangible property respecting the remission and collection of tax, the
making of returns, the keeping of books, records and accounts, and payment of a dealer's credit,
and compliance with the rules of the Monroe County Tax Collector in the administration of said
chapter shall apply to and be binding upon all persons who are subject to the provisions of this
article; provided, however, the Monroe County Tax Collector may authorize a quarterly return and
payment when the tax remitted by the person receiving the consideration for such rental or lease
for the preceding quarter did not exceed twenty-five dollars ($25.00).
        (B)     Pursuant to F.S. § 125.0104, the Monroe County Tax Collector shall keep records
showing the amount of taxes collected. These records shall be open to the public during the regular
office hours of the Monroe County Tax Collector.
       (C)     Collections received by the Monroe County Tax Collector from the tax, less costs of
administration of this article, shall be paid and returned, on a monthly basis, to the county clerk of
Monroe County, Florida, for use by the county in accordance with the provision of this article and
shall be placed in the "Monroe County Tourist Development Trust Fund."
      (D)     The Monroe County Tax Collector is authorized to employ persons and incur other
expenses to administer this article.
      (E)     The Monroe County Tax Collector may promulgate such rules and may prescribe
and publish such forms as may be necessary to effectuate the purposes of this article.
       (F)     The Monroe County Clerk of the Court shall perform the enforcement and audit
functions associated with the collection and remission of this tax, including, without limitation, the
following:

23
     Legal Analysis: Code 1991, § 2-298. Collection. Altered subsection (F) to reflect that ordinance
         violations are not misdemeanors. Also deleted the last sentence as not needed and covered
         by F.S. § 125.0104.
                                                                                     Page 32 of 94

(1)     For the purposes of enforcing the collection of the tax levied by this article, the clerk
       is hereby specifically authorized and empowered to examine at all reasonable hours
       the books, records and other documents of all dealers, or other persons charged with
       the duty to report or pay a tax under this article in order to determine whether they
       are collecting the tax or otherwise complying with this article.
In the event such dealer refuses to permit such examination of its books, records or other
documents by the clerk as aforesaid, it is guilty of a misdemeanor of the first degree,
punishable as provided in section 775.082, or section 775.083 Florida Statutes an offense.
The clerk shall have the right to proceed in circuit court to seek a mandatory injunction or
other appropriate remedy to enforce its right against the offender, as granted by this
section, to require an examination of the books and records of such dealer.
(2)     Each dealer, as defined in this article, shall secure, maintain and keep for a period
       of three (3) years a complete record of rooms or other lodging, leased or rented by
       said dealer, together with gross receipts from such sales, and other pertinent records
       and papers as may be required by the Monroe County Tax Collector for the
       reasonable administration of this article and all such records which are located or
       maintained in this state shall be open for inspection by the clerk at all reasonable
       hours at such dealer's place of business located in the county.
Any dealer who maintains such books and records at a pint outside Monroe County must
make such books and records available for inspection by the Clerk in Monroe County,
Florida. Any dealer subject to the provisions of this article who violates these provisions is
guilty of a misdemeanor of the first degree, punishable as provided in section 775.082, or
section 775.083 Florida Statutes an offense.
(3)     (a) The clerk shall send written notification, at least sixty (60) days prior to the date
       an auditor is scheduled to begin an audit. The clerk is not required to give sixty (60)
       days prior notification of a forthcoming audit in any instance in which the taxpayer
       requests an emergency audit.
       (b)     Such written notification shall contain:
              (i)     The approximate date on which the auditor is scheduled to begin the
                      audit.
              (ii) A reminder that all records, receipts, invoices, and related documentation
                      of the taxpayer must be made available to the auditor.
              (iii) Any other requests or suggestions the clerk may deem necessary.
       (c)     Only records, receipts, invoices and related documentation which are
              available to the auditor when such audit begins shall be deemed acceptable
              for the purposes of conducting such audit.
(4)     All taxes collected under this article shall be remitted to the Monroe County Tax
       Collector. In addition to criminal sanctions, the city clerk is empowered, and it shall
       be its duty, when any tax becomes delinquent or is otherwise in jeopardy under this
       article to issue a warrant for the full amount of the tax due, or estimated to be due,
       with the interest, penalties and cost of collection, directed to all and singular sheriffs
       of the state, and shall record the warrant in the public records of the county; and
       thereupon the amount of the warrant shall become a lien of any real property or
       personal property of the taxpayer in the same manner as a recorded judgment.
    The clerk may issue a tax execution to enforce the collection of taxes imposed by this
article and deliver it to the sheriff. The sheriff shall thereupon proceed in the same manner
                                                                                                   Page 33 of 94

        as prescribed by law for executions and shall be entitled to the same fees for his services in
        executing the warrant to be collected.
            The clerk may also have a writ of garnishment to subject any indebtedness due to the
        delinquent dealer by a third person in any goods, money, chattels or effects of the
        delinquent dealer in the hands, possession or control of the third person in the manner
        provided by law for the payment of the tax due. Upon payment of the execution, warrant,
        judgment or garnishment, the clerk shall satisfy the lien of record within thirty (30) days.
        (G)     Tax revenues may be used only in accordance with the provisions of F.S. § 125.0104.
        (H)     An amount not to exceed three (3) percent of said tax collected herein shall be
retained for the costs of administration. The amount deducted for costs of administration shall be
used only for those costs that are solely and directly attributable to auditing, assessing and
enforcing payment of delinquent taxes authorized by this section. The remainder of the tax
collected shall be remitted to Monroe County on a monthly basis.
      (I)      The county assumes responsibility for auditing the records and accounts of dealers
and assessing, collecting and enforcing payment of delinquent tourist development taxes.
The county adopts any and all powers and authority granted to the State of Florida in section
125.0104, Florida Statutes and chapter 212, Florida Statutes, and as further incorporated therein
to determine the amount of the tax, penalties and interest to be paid by each dealer and to enforce
payment of such tax, penalties, and interest by, but not limited to, distress warrants, writ of
garnishments and criminal penalties as provided in chapter 212, Florida Statutes.
(Code 1979, § 2-298; Ord. No. 15-1988, § 1; Ord. No. 26-1990, § 1; Ord. No. 022-2004, §§ 12, 13)

Sec. 2-299. Monroe County Tourist Development Council.24
      (A)     Pursuant to F.S. § 125.0104(4)(), the governing board of Monroe County appointed
an advisory council known as the Monroe County Tourist Development Council by Resolution No.
198-1981, on June 16, 1981.
        (B)     (1) The Monroe County Tourist Development Council, following the expiration of
               terms of its members heretofore established and appointed, shall be composed of
               nine (9) members. Eight (8) members of the board shall be appointed by the
               governing board of Monroe County based on a percentage of the funds collected
               throughout the five (5) tax collection districts, as set forth in subsection (G) of this
               section. Each tax collection district shall have no less than one (1) representative,
               who is a resident of the district, on the council. The ninth member of the council
               shall be the chairman of the governing board of Monroe County or any other member
               of the governing board as designated by the chairman. Two (2) members of the
               council shall be elected municipal officials, at least one (1) of whom shall be from the
               most populous municipality in the county. Six (6) members of the council shall be
               persons who are involved in the tourist industry and who have demonstrated an
               interest in tourist development, of which members, not less than three (3) nor more
               than four (4) shall be owners or operators of motels, hotels, recreational vehicle
               parks, or other tourist accommodations in the county or subject to the tax. All
               members of the council shall be electors of the county. The governing board of the
               county shall allow the council to elect a chairman. The chairman shall be elected
               annually and may be reelected.
               (2)      The members of the council shall serve for staggered terms of four (4) years.

24
     Legal Analysis: Code 1991, § 2-299. Monroe County Tourist Development Council. Deleted last
         sentence of subsection (B)(2) as obsolete.
                                                                                 Page 34 of 94

             The council shall meet at least once each quarter and, from time to time,
             shall make recommendations to the county governing board for the effective
             operation of the special projects or for uses of the tourist development tax
             revenue and perform such other duties as may be prescribed by county
             ordinance or resolution. The changes in the composition of the membership of
             the tourist development council mandated by this article shall not cause the
             interruption of the current term of any person who is a member of the council
             on the effective date of this article.
      (3)     All district vacancies occurring on the tourist development council shall be
             filled by a district resident who is also qualified under the terms of F.S. §
             125.0104(4)(e). In addition to the vacancies described in subsection (B)(4) of
             this section, a seat shall also be considered vacant when a member moves out
             of the district that he or she represents.
      (4)     Any member of the tourist development council other than the chairman who
             absents himself from any three (3) consecutive regular meetings of said
             tourist development council, unless excused from such attendance by consent
             of the council, expressed by action of record in its official minutes, or who is
             absent from a total of four (4) regular meetings of said council in any fiscal
             year without having been excused from such attendance by consent of the
             council expressed by action of record in its official minutes, shall thereby
             automatically forfeit his position and office as a member of the tourist
             development council; and the name of such person shall be automatically
             removed from the membership of said council immediately after the
             adjournment of any such third consecutive meeting or any such fourth
             meeting in any fiscal year, as the case may be, at which such member has not
             appeared. The council shall thereupon promptly notify the member so
             removed, and the governing board of Monroe County shall thereupon appoint
             a new member to serve the remainder of the unexpired term of the member
             so removed.
(C)    (1) The council shall continuously review expenditures of revenues from the tourist
      development trust fund and shall submit, at least quarterly, expenditure reports to
      the county governing board or its designee. Expenditures that the council believes to
      be unauthorized shall be reported to the board of county commissioners and the
      department of revenue. The board of county commissioners and the department
      shall review the findings of the council and take appropriate administrative or
      judicial action to ensure compliance with this section.
      (2)     An annual report shall be prepared by the tourist development council and
             submitted to the board of county commissioners and general public and
             media within one hundred twenty (120) days from the close of the fiscal year.
             The report shall include the following:
             (a)    Report of all revenue by category separation.
             (b)    Report all expenditures by category separation.
             (c)    Reservations and carry-overs by category required by law.
             (d)    Reservations and carry-overs by category accumulated for specifically
                    approved projects.
             (e)    Comparison of current report year with immediate past fiscal year.
             (f)    Listing of all events or projects funded by district.
                                                                                           Page 35 of 94

                      (g)     Ratio of administrative expenses to overall expenditures.
        (D)    There is hereby created an executive office for the tourist development council. The
governing board of the county shall employ by contract, or establish a county department and
employ, an executive director and such other personnel as may be required to operate the
executive office. Any contract for employment entered into by and between the executive director
or other personnel authorized by this article shall provide that such director and personnel will be
responsible and answerable directly to the tourist development council and indirectly to the board
of county commissioners. If contracted, such persons shall serve at the pleasure of and be subject
to removal by the board of county commissioners. The tourist development council may make
recommendations concerning the contracts. The executive director shall carry out the policies and
programs established by the council and shall be in charge of the day-to-day operations of those
policies and programs. The executive director and the staff of the executive office of the tourist
development council shall be compensated, and the costs and expense of the operation of the
executive office shall be paid from the proceeds of the tourist development tax prior to any other
use or distribution thereof. In the furtherance of the provision of this section, the amount to be
expended shall not exceed seven (7) percent of the annual two-cent budget and three (3) percent of
the annual third-cent budget.
       (E)     For the purpose of rendering the services through the executive office created by
subsection (D), such executive director, as is provided for therein, shall be either an individual or a
corporation, which shall furnish the services required by the tourist development council for the
executive office thereof. Any such contract entered into for the executive director to operate such
executive office shall be executed by the board of county commissioners. The tourist development
council shall make recommendations concerning contracts and/or employment for the executive
director and personnel but shall have no final authority to require implementation of its
recommendation.
       (F)   Advisory committees shall be created to make recommendations to the tourist
development council.
       (1)    No more than one (1) district advisory committee shall be created for any district as
              defined in subsection (G).
       (2)     The advisory committees shall be comprised of nine (9) members, whose
              qualifications shall be three (3) from the lodging industry, three (3) from tourist-
              related businesses, and three (3) who represent the general public.
       (3)     There shall be a three-person nominating committee for each district for the
              purposes of making recommendations for appointments to the lodging and tourist-
              related seats on the advisory committee of the district. The term of office for each
              nominating committee member shall be three (3) years.
              The nominating committee for each district shall be comprised of:
              a.      One (1) person appointed by the hotel/motel association in that district, or, in
                      the absence of a hotel/motel association, a tourism association;
              b.      One (1) person appointed by the tourist development council; and
              c.      One (1) person appointed by the chamber of commerce for the district.
       (4)    Appointments to the district advisory board shall be made through the following
              process:
              a.      Any vacancy on a district advisory committee shall be advertised by the
                      tourist development council administrative office in at least one (1)
                      newspaper of general circulation in the district with a request for
                      applications to fill the position, and a deadline for submission of applications.
                                                                                                  Page 36 of 94

               b.      Application forms shall be made available by the administrative office of the
                       tourist development council and district chambers of commerce.
               c.      Applications shall be submitted to the administrative office that shall record
                       the submission and forward the applications to the nominating committee for
                       the district served by the district advisory committee for which applications
                       are received.
               d.      Each district nominating committee shall nominate two (2) or more names in
                       order of preference to the tourist development council for appointments to
                       each vacant lodging or tourist-related position from the applications received
                       through this process, and submit to the administrative office the nominations
                       and a list of all candidates considered.
               e.      All applications received for positions representing the general public shall be
                       forwarded to the county commission.


               (5)a.The tourist development council shall appoint the district advisory members
                      representing lodging and tourist-related businesses for three-year terms from
                      the recommendations submitted by the nominating committees or return the
                      recommendations as rejected and request a new set of recommendations.
               b.      The county commission shall appoint the members representing the general
                       public for three-year terms.
       (6)     The district advisory committees shall be bound by the same policies and
               procedures as apply to the tourist development council.
       (7)      District advisory committee members filling terms that expire subsequent to the
               effective date of this subparagraph. shall fulfill their terms. No member of a district
               advisory committee, prior to the effective date of this subparagraph, may be removed
               because he does not meet this subsection's requirement. All future appointments
               must be made to bring each committee into conformance with the composition
               requirements.
        (G)    The geographical boundaries of the tax collection districts referred to in subsection
(B)(1) and elsewhere throughout this article shall be:
       (1)      District I: Shall encompass the city limits of Key West;
       (2)     District II: From the city limits of Key West to the west end of the Seven Mile
               Bridge;
       (3)      District III: From the west end of the Seven Mile Bridge to the Long Key Bridge;
       (4)      District IV: Between the Long Key Bridge and Mile Marker 90.939; and
       (5)     District V: From Mile Marker 90.940 to the Dade/Monroe County line and any
               mainland portions of Monroe County.
(Code 1979, § 2-299; Ord. No. 15-1988, § 1; Ord. No. 3-1990, § 1; Ord. No. 45-1995, § 1; Ord. No. 50-1996, § 1;
Ord. No. 38-1999, §§ 1--4; Ord. No. 052-2000, § 1; Ord. No. 019-2006, § 1)

Sec. 2-300. Tourist development plan.
       (A)      Authorized Uses of Revenue.
       (1)      The first two cents ($0.02) of the three-cent tax shall be spent:
               (a)      To promote and advertise Monroe County tourism within domestic and
                       international markets.
                                                                                  Page 37 of 94

      (b)    To promote county festivals, tournaments, races and other tourist-related
             activities.
      (c)    To promote county tourist-oriented cultural events such as visual and
             performing arts, including but not limited to theater, concerts, recitals, opera,
             dance, and art exhibitions.
(2)   The third cent of the three-cent tax shall be expended as follows:
      (a)     To acquire, construct, extend, enlarge, remodel, repair, improve, maintain,
             operate or promote one (1) or more publicly owned and operated convention
             centers, sports stadiums, sports arenas, coliseums or auditoriums, within the
             boundaries of the county of sub-county special taxing district in which the tax
             is levied.
      (b)     To acquire, construct, extend, enlarge, remodel, repair, improve, maintain or
             promote one (1) or more museums, zoological parks, fishing piers or nature
             centers which are publicly owned and operated by not-for-profit organizations
             and open to the public. However, these purposes may be implemented
             through service contracts and leases with persons who maintain and operate
             adequate existing facilities.
      (c)     To fund convention bureaus, tourist bureaus, tourist information centers,
             and news bureaus as county agencies or by contract with the chambers of
             commerce or similar associations in the county.
      (d)    To finance beach improvement, maintenance, renourishment, restoration,
             and erosion control.
      (e)    To finance fishing piers.
      (f)     To advertise and promote the district and/or the county within domestic and
             international markets.
      (g)    To promote county festivals, tournaments, races and other tourist-related
             activities.
      (h)    To promote county tourist-oriented cultural events such as visual and
             performing arts, including but not limited to theater, concerts, recitals, opera,
             dance, and art exhibitions.
(B)   Percent Allocations.
(1)    Five (5) percent of the first two cents ($0.02) gross revenue shall be held outside of
      the receipts division of the budget as per F.S. § 129.01.
(2)    Up to seven (7) percent of the first two cents ($0.02) net revenue of the resort tax
      two-penny program prior to distribution is to be used for the administrative
      contract, board members travel, administrative computer programming, dues and
      subscriptions, statistics, administrative advertising (meeting notices, budget
      amendments, etc.)
(3)   Sixty-five (65) percent of the first two cents ($0.02) net revenue is for advertising
      nationally and internationally, trade mail fulfillment, and trade show expenditures.
(4)    The remaining thirty-five (35) percent of the first two cents ($0.02) net revenue
      constitute the events budget, including public relations fees and expenses and mail
      fulfillment consumer expenses.
(5)   Five (5) percent of the third-cent gross revenue shall be held outside of the receipts
      division of the budget as per F.S. § 129.01.
                                                                                                  Page 38 of 94

       (6)     Up to three (3) percent of the third-cent net revenue shall be maintained for
               administration of third-cent expenditures.
       (7)      Upon the recommendation of the advisory board for the district, the remaining
               balance of the third-cent net revenue shall be expended for the district from which it
               is generated for the purposes authorized in subsection (A)(2) of this section, but the
               advisory board shall have no final authority to require implementation of its
               recommendation.
       (8)      A separate account shall be established for the administration of the third-cent
               gross revenues.
       (9)     a.     In the event that an emergency or catastrophe occurs and a state of
               emergency is declared in any area of the county, the above allocations shall not
               apply to the use of tourist development monies set aside for emergencies and
               catastrophes.
               b.      The catastrophic/emergency fund may be spent for marketing, public
                       relations and capital costs as the county commission, upon recommendation
                       of the TDC, shall deem in the best interests of the county.
        (C)     Advance Registration Costs. Costs of advance registrations for trade shows for a
fiscal year may be paid out of tourist development funds in the preceding fiscal year pursuant to
resolution of the board of county commissioners.
(Code 1979, § 2-300; Ord. No. 15-1988, § 1; Ord. No. 17-1988, § 2; Ord. No. 5-1990, § 1; Ord. No. 17-1900, § 2;
Ord. No. 28-1990, § 1; Ord. No. 19-1991, § 1; Ord. No. 3-1993, § 3; Ord. No. 20-1993, § 1; Ord. No. 20-1994, §
1; Ord. No. 31-1998, § 2)

Sec. 2-301. Penalties and liens.25
        (A)    Any person who is taxable hereunder who fails or refuses to charge and collect from
the person paying any rental or lease the taxes herein provided, either by himself or through his
agents or employees, shall be, in addition to being personally liable for the payment of the tax,
guilty of a misdemeanor of the second degree, punishable as provided in section 775.082 or section
775.083, Florida Statutes.
       (B)      No person shall advertise or hold out to the public in any manner, directly or
indirectly, that he will absorb all or any part of the tax, or that he will relieve the person of paying
the rental of the payment of all or any part of the tax, or that the tax will not be added to the
rental or lease consideration, or when added, that it or any part thereof will be refunded or
refused, either directly, or indirectly, by any method whatsoever. Any person who willfully violates
any provision of this subsection shall be guilty of a misdemeanor of the second degree, punishable
as provided in section 775.082, section 775.083 or section 775.084, Florida Statutes.
(Code 1979, § 2-301; Ord. No. 15-1988, § 1; Ord. No. 022-2004, § 14)
                                                             26
Sec. 2-302. Repeal of the tourist development tax.
   Upon petition of fifteen (15) percent of the electors in the unincorporated and incorporated
areas of Monroe County, the board of county commissioners shall cause an election to be held for
the repeal of the tourist development tax.


25
   Legal Analysis: 1979 Code § Delete as covered by F.S. § 125.0104(8) and also incorrect as a
       local ordinance (as opposed to state statute)--as ordinance violations are not
       misdemeanors.
26
   Legal Analysis: 1979 Code § 2-302. Repeal of the tourist development tax. Delete as covered
       by F.S. § 125.0104(6)(d).
                                                                                           Page 39 of 94

(Code 1979, § 2-302; Ord. No. 15-1988, § 1)
                                                                 27
Sec. 2-313. Modification of tourist development plan.
   This article The provisions of section 2-300 may not be substantially amended except by
ordinance enacted by a four-fifths majority vote an affirmative vote of a majority plus one
additional member of the board of county commissioners.
(Code 1979, § 2-313; Ord. No. 15-1988, § 2; Ord. No. 17-1988, § 3)

Sec. 2-314. Reserved.

                                   ARTICLE IX. MOTOR FUEL TAX
Sec. 2-315. Imposed.
    Under the authority of F.S. § 336.025, effective September 1, 1989, there is hereby imposed a
six-cent gas tax upon every gallon of motor and special fuel sold in Monroe County, including the
municipalities therein, and taxed under the provisions of F.S. ch. 206, pt. I (F.S. § 206.01 et seq.)
or F.S. ch. 206, pt. II (F.S. § 206.85 et seq.).
(Code 1979, § 2-315; Ord. No. 16-1989, § 1)

Sec. 2-316. Collection.
   The tax levied in section 2-315 shall be collected and remitted according to the procedure of
F.S. § 336.025(2).
(Code 1979, § 2-316; Ord. No. 16-1989, § 2)
Sec. 2-317. Effective period.
   The tax levied in section 2-315 shall remain in effect until September 1, 2019, unless rescinded
by the board of county commissioners. However, the tax may be rescinded before September 1,
2019, only if the rescission shall in no circumstances materially or adversely affect the rights of the
holders of bonds backed by the tax and outstanding on the date of rescission.
(Code 1979, § 2-317; Ord. No. 16-1989, § 3)
                                   28
Sec. 2-318. Use of proceeds.
   The proceeds from the tax levied in section 2-315 may only be used for transportation
expenditures. For the purposes of this article, "transportation expenditures" shall mean:
       (a)      Public transportation operations and maintenance;
       (b)      Roadway and right-of-way maintenance and equipment;
       (c)      Roadway and right-of-way drainage;
       (d)      Street lighting;
       (e)      Traffic signs, traffic engineering, signalization and pavement markings;
       (f)      Bridge maintenance and operation;
       (g)      Debt service and current expenditures for transportation capital projects in the

27
   Legal Analysis: 1979 Code § 2-313. Modification of tourist development plan. Altered text to
       conform to catchline and thus be consistent with F.S. § 125.0104(4)(d). Also conformed the
       vote requirements to same. The existing language relative to the vote was of the same
       legal effect but would not be if the board of county commissioners were ever expanded (by
       court order, etc.).
28
   Legal Analysis: 1979 Code § 2-318. Use of proceeds. Deleted as covered by (and in conflict
       with) F.S. § 336.025.
                                                                                           Page 40 of 94

               foregoing program areas, including construction or reconstruction of roads.
   The revenues from the tax levied in section 2-315 may be pledged to secure the payment of
bonds. In the event such bonds are to be issued, the county or the municipalities may use the
services of the division of bond finance of general services pursuant to the state bond act to issue
any bonds under the provisions of this article and F.S. section 336.025. Bonds may be issued only
once per year. Monroe County and any of the municipalities listed in section 2-319 may join
together to issue bonds under this article.
(Code 1979, § 2-318; Ord. No. 16-1989, § 4)

Sec. 2-319. Distribution of proceeds.29
        (a)     The proceeds of the tax levied in section 2-315 shall be distributed as provided by
law. among Monroe County, the City of Key West, the City of Key Colony Beach, and the City of
Layton based on the transportation expenditures of each for the immediately preceding five (5)
fiscal years, as a proportion of the total of such expenditures for Monroe County and the three (3)
municipalities, to wit:
     Monroe County, 62%
     City of Key West, 35%
     City of Key Colony Beach, 2%
     City of Layton, 1%
        (b)     The proportions set forth above shall be recalculated in 1990 according to the
method set forth in F.S. section 336-025(a)(1) [336.025(3)(a)1]. However, if no interlocal
agreements are entered into with the various municipalities by June 1, 1990, the Monroe County
Board of County Commissioners shall recalculate the proportions according to the method set forth
in F.S. section 336.025(4)(a), by July 1, 1990.
       (c)    No recalculation made under subsection (b) of this section shall under any
circumstances adversely affect the rights of holders of bonds outstanding on July 1, 1990, which
are backed by the tax authorized by this article; and the amounts distributed to Monroe County
and each municipality shall not be reduced below the amount necessary for the payment of
principal and interest and reserves for principle interest as required under the covenants of any
bond resolution outstanding on July 1, 1990.
(Code 1979, § 2-319; Ord. No. 16-1989, § 5; Ord. No. 26-1989, § 2)



                                ARTICLE X. CAPITAL PROJECTS30
Sec. 2-332. Authorization of projects.
   The board of county commissioners of Monroe County, Florida (hereinafter called "board" and
"county," respectively) is hereby authorized to acquire, construct and equip capital projects, from
time to time, in the unincorporated areas of the county.
(Code 1979, § 2-332; Ord. No. 1-1981, § 1)

29
   Legal Analysis: 1979 Code § 2-319. Distribution of proceeds. Revised to tie to law. See F.S.§
       325.025(4). The required ten-year recalculations would change the percentages. In
       addition, as additionally municipalities now exist (e.g., Marathon), the ordinance is clearly
       inaccurate.
30
   Legal Analysis: 1979 Code ch. 2, art X (§ 2-332(A) excepted). Capital Projects. Deleted as
       superseded by 1979 Code ch. 2, art. XVIII. In any event § 2--342 should be deleted as
       obsolete.
                                                                                          Page 41 of 94

Sec. 2-332(A). Funding of art in new public construction and major renovation projects.
       (a)     The board of county commissioners recognizes the extent of cultural resources
available in the county for development, promotion, and enjoyment of the arts. It is the intent of
the county commission by enacting this section to enrich culturally and benefit the citizens of this
county through the establishment of art in public places.
       (1)      One (1) percent of the construction costs for county construction, except for any
               sewage treatment plant, shall be set aside for the acquisition, commission,
               installation and maintenance of works of art in said buildings. This appropriation
               shall apply only to new construction exceeding five hundred thousand dollars
               ($500,000.00) or renovations exceeding one hundred thousand dollars ($100,00.00) in
               cost.
               a.      Construction costs do not include architectural and engineering fees, asbestos
                       abatement or other environmental preparation, site work or contingency
                       costs.
               b.      All construction costs to be used for determining the amount of the art-in-
                       public-places appropriation shall be calculated as of the date the construction
                       contract is executed.
               c.      Sewage treatment plants shall be exempt from mandatory appropriations for
                       art in public places.
       (2)      The art-in-public places appropriations and gifts, grants and donations made to the
               county for the purpose of acquiring and installing art in public places shall be
               separately accounted for and may be used only for the following purposes: to acquire,
               commission, install, or maintain art in public places.
(Code 1979, § 2-332; Ord. No. 22-2001, § 1)

Sec. 2-333. Authorization of bonds.
    The county is authorized to issue bonds, from time to time, in an amount sufficient to pay the
costs of the capital projects. Such bonds may be in coupon form or fully registered form, may be in
such denomination, may bear such rate or rates of interest not exceeding the maximum rate
authorized by law, and may mature on a date or dates not exceeding forty (40) years from their
respective dates of issuance, all as shall be determined by the board prior to their issuance. The
bonds may be made redeemable before maturity, at the option of the board, at such price or prices
and under such terms and conditions as may be fixed by the board prior to their issuance. The
board shall determine the place or places of payment of the principal of, redemption premium, if
any, and interest on the bonds which may be at any bank or trust company within or without the
State of Florida. The bonds shall be signed either by the manual or facsimile signatures of the
chairman and clerk of the board, provided that such bonds shall bear at least one (1) signature
which is manually executed thereon. The coupons, if any, attached to such bonds shall bear the
facsimile signatures of such officers. The bonds shall have the seal of the board affixed, imprinted,
reproduced or lithographed thereon, all as may be prescribed in the resolution authorizing the
issuance thereof. The bonds may be sold either at public or private sale at such price or prices and
upon such conditions, consistent with general law, as the board shall determine to be in its best
interest.
(Code 1979, § 2-333; Ord. No. 1-1981, § 2)

Sec. 2-334. Refunding bonds.
   Subject to the limitations contained in section 2-333 hereof, the board may issue bonds
(hereinafter called "refunding bonds") to refund any bonds issued pursuant to this article and
                                                                                         Page 42 of 94

provide for the rights of the holders thereof. The refunding bonds may be issued in an amount
sufficient to pay:
       (a)      The principal of the outstanding bonds;
       (b)     The interest due and payable on the outstanding bonds to and including the first
               date upon which the outstanding bonds shall be callable prior to maturity, or the
               dates upon which the principal thereof shall mature, or any date or dates in
               between;
       (c)      The redemption premium, if any; and
       (d)      Any expenses of the issuance and sale of the refunding bonds.
(Code 1979, § 2-334; Ord. No. 1-1981, § 3)

Sec. 2-335. Security for bonds.
   The principal of, redemption premium, if any, and interest on the bonds shall be payable from
the portion of the racetrack funds and jai alai fronton funds accruing annually to the county under
the provisions of F.S. ch. 550 and F.S. ch. 551 and allocated to the board pursuant to law, legally
available for such purpose, and, at the option of the board, may be additionally payable from any
other funds derived by the county from sources other than ad valorem taxation and legally
available for such purpose. The principal of and interest on the refunding bonds shall be payable
from such portion of the racetrack funds and jai alai fronton funds and/or any other funds of the
county derived from sources other than ad valorem taxes and legally available therefor.
(Code 1979, § 2-335; Ord. No. 1-1981, § 4)

Sec. 2-336. Bonds legal investments.
    The bonds and the refunding bonds shall be legal investments for any state, county, municipal
or other public funds; for any bank, savings bank, trustee, executor or guardian; and for any trust
or fiduciary funds whatsoever. The bonds and the refunding bonds shall also be legal securities
which may be deposited by any bank or trust company for the security of state, county, municipal
and other public funds.
(Code 1979, § 2-336; Ord. No. 1-1981, § 5)

Sec. 2-337. No referendum required.
   No referendum or election of the qualified electors in the county shall be required for the
exercise of any of the provisions of this article, unless such referendum or election is required by
the Constitution of the State of Florida.
(Code 1979, § 2-337; Ord. No. 1-1981, § 6)

Sec. 2-338. Costs of projects.
    The costs of the capital projects shall be deemed to include but shall not be limited to the cost
of the acquisition of sites; legal, engineering, fiscal and architectural fees and fees of any other
experts or consultants employed by the board; engineering or architectural studies, surveys, plans
and designs; the expense of the issuance, authorization and sale of bonds or refunding bonds,
including advertisement, notices and other proceedings in connection therewith; the capitalization
of interest for a reasonable period after issuance of the bonds; the capitalization of reasonable
reserves for debt service on the bonds or refunding bonds; bond discount, if any; the premiums for
policies of municipal bond insurance; and other such purposes as are necessary, incidental or
appurtenant to the purposes authorized hereunder.
(Code 1979, § 2-338; Ord. No. 1-1981, § 7)
                                                                                             Page 43 of 94

Sec. 2-339. No impairment of contract.
    The board will not enact any ordinance or adopt any resolution which will repeal, impair or
amend, in any manner, the rights of the holders of the bonds or refunding bonds or the security of
the racetrack funds or jai alai fronton funds or other non-ad-valorem funds which may be pledged
to the payment of the principal of, redemption premium, if any, and interest on such bonds or
refunding bonds.
(Code 1979, § 2-339; Ord. No. 1-1981, § 8)

Sec. 2-340. Bonds negotiable instruments.
   Bonds or refunding bonds issued pursuant to this article shall be negotiable instruments under
the laws of the State of Florida.
(Code 1979, § 2-340; Ord. No. 1-1981, § 9)

Sec. 2-341. This article supplemental authority.
    This article shall not be deemed to repeal or supersede any special law, but shall be considered
as supplemental and additional authority to the board and the county to carry out and perform the
powers authorized herein.
(Code 1979, § 2-341; Ord. No. 1-1981, § 10)

Sec. 2-342. Effective date (emergency procedure).
    A certified copy of this article, as enacted, shall be filed in the office of the Department of State
of the State of Florida by the clerk of the board as soon as practicable after its enactment; and this
article shall take effect upon acceptance of such copy 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.
(Code 1979, § 2-342; Ord. No. 1-1981, § 11)

Sec. 2-343. Power of board.
   All power and authority granted to the county by the provisions of this article shall be
exercised by the board or its successors, as the governing body of the county.
(Code 1979, § 2-343; Ord. No. 1-1981, § 12)

                                 ARTICLE XI. COUNTY ATTORNEY
Sec. 2-354. Establishment of the county attorney's office.
    There is hereby established the office of the county attorney. The office of the county attorney
shall be directly responsible to the board of county commissioners (the board), and shall be
independent of and not subject to the supervision or authority of the county administrator. All
prior actions of the board relating to the office of the county attorney are hereby ratified and
reaffirmed.
(Code 1979, § 2-354; Ord. No. 039-2004, § 1)

Sec. 2-355. Minimum qualifications for appointment as county attorney.
       (a)     The county attorney, at the time of appointment, shall have been a member in good
standing of the Florida Bar for ten (10) years or more immediately prior to appointment as county
attorney, with at least three (3) years experience during those ten (10) years, in local government
law (county, municipal, special purpose district, or school district), environmental law,
administrative law, labor and employment law, or any combination thereof.
      (b)     The county attorney shall be appointed by an affirmative vote of not less than three
(3) members of the board.
                                                                                            Page 44 of 94

       (c)    The county attorney need not be a resident of the county at time of appointment,
but during tenure in the position shall be a full-time resident of the county.
(Code 1979, § 2-355; Ord. No. 039-2004, § 1)

Sec. 2-356. Employment status of the county attorney; vacancy in position.
         (a)    The county attorney shall serve at the will and pleasure of the board.
         (b)    The county attorney is a direct employee of the board, and responsible only to the
board.
       (c)   The county attorney is not subject to the provisions of Laws of Fla. ch. 69-1321 (the
Monroe County Career Service Act), but must be employed pursuant to a written employment
contract mutually agreed to by the county attorney and the board. The contract must, at a
minimum, contain provisions for the following:
         (1)    The term of the contract, which must be a minimum of four (4) years;
         (2)   The initial salary together with the basis for any increases in salary, travel
               allowance, and other benefits;
         (3)   Vacation leave and sick leave if different from that provided in the county personnel
               policies; and
         (4)    Termination of employment with or without cause;
       (d)     For purposes of the Florida Retirement System, F.S. ch. 121, the position of county
attorney shall be designated and maintained as a senior management service class position
consistent with the provisions of F.S. § 121.055.
       (e)     The position of county attorney shall be deemed vacant if the incumbent dies; is
removed by action of the board of county commissioners; resigns; moves his or her residence from
the county; or is unable to continue in office due illness or other casualty for a period of ninety (90)
days or more. If the position becomes vacant, the board shall designate an attorney to serve as
interim county attorney until a successor has been duly appointed or employed.
(Code 1979, § 2-356; Ord. No. 039-2004, § 1)

Sec. 2-357. Assistant county attorneys.
    The county attorney shall be responsible for overseeing and approving the selection, hiring,
supervising, disciplining, and termination of all assistant county attorneys. Assistant county
attorneys who have successfully completed the probation period set forth in Monroe County
Personnel Policies shall be career service employees under Laws of Fla. ch. 69-1321 or other
applicable local, state, or federal ordinance or law. The number of assistant county attorneys to be
employed to carry out the duties of the office of county attorney shall be as deemed necessary by
the county attorney, subject to the budgetary approval of the board. Each assistant county
attorney shall be a member in good standing of The Florida Bar and shall remain a member in
good standing during the term of his or her employment.
(Code 1979, § 2-357; Ord. No. 039-2004, § 1)

Sec. 2-358. Duties of the county attorney.
       (a)    The county attorney shall represent the board as the board's county attorney, and
either personally or through one or more assistant county attorneys or selected outside counsel:
         (1)   Provide legal advice concerning county business to the board when the board is in
               public session and to individual commissioners upon request or when the county
               attorney deems it advisable to do so;
         (2)    Provide legal advice concerning county business to the county administrator,
                                                                                             Page 45 of 94

                division directors and department heads when requested or when the county
                attorney deems it advisable to do so, provided legal advice shall be furnished
                according to such procedures the county attorney may deem necessary to assure the
                consistency and quality of advice provided;
         (3)     Provide legal advice, when legally and ethically permitted, to the administrative
                and advisory commissions and committees established by the board concerning the
                official duties and responsibilities of those commissions and committees;
         (4)     Cause to be prosecuted and defended all causes of actions on behalf of the board and
                county regardless of whether such action is legal, equitable or administrative in
                nature; or whether civil, criminal, or a violation of ordinance, to include litigation at
                both the trial and appellate levels, administrative hearings and appeals, mediation,
                and labor arbitration appeals in which the county, the board, or a county
                department or agency under the jurisdiction of the board is party; and including
                prosecution of code enforcement cases before the code enforcement board, a code
                enforcement special magistrate, or in county court.
         (5)     Provide for the defense of all current and former county officers and employees in
                their personal and official capacities, against any non-criminal action, regardless of
                whether the action is legal, equitable or administrative in nature, arising out of an
                act or acts, or omission or omissions, undertaken or omitted in the course of the
                officer's or employee's county duties or employment, when authorized to do so by the
                board;
         (6)     Review and, if authorized by law, object to payments to conflict counsel and expert
                witnesses in criminal cases, and the release of sureties from the obligations of bail
                bonds, to the extent that such review is the responsibility of the county by Florida
                general or special law.
         (7)    Provide a report at each regular board meeting listing on-going litigation and the
                nature thereof, together with other legal matters that the county attorney deems
                advisable to bring to the attention of the board.
         (8)    Enter into agreements with the state attorney and public defender relating to the
                prosecution and defense of county ordinance violations, and enter into agreements
                with municipalities relating to the prosecution of city ordinance violations.31
         (9)     Coordinate the preparation and codification of county ordinances and establish
                procedures, formats, and processes for initiating, revising, and finalizing proposed
                ordinances to be submitted to the board of county commissioners for adoption.
         (10)   Attend all meetings of the board of county commissioners.
         (11)    Perform such other lawful duties as the board may direct or as may be provided for
                elsewhere in the Monroe County Code.
       (b)     The office of the county attorney may provide legal advice to other county
constitutional officers but only to the extent that no conflict or potential conflict exists between the
other constitutional officer and the board with respect to the subject upon which the other
constitutional officer seeks advice.
       (c)    The county attorney and assistant county attorneys may not undertake the legal
representation of private clients or provide legal advice to private clients, without regard to
whether such representation or advice is provided in exchange for a fee or is provided on a pro

31
     Legal Analysis: 1979 Code § 2-358. Duties of the county attorney. It is assumed that par. (8)
         exempts these agreements from approval by the board of county commissioners.
                                                                                        Page 46 of 94

bono basis.
       (d)     During the term of employment, the annual costs and fees assessed by The Florida
Bar to maintain membership in good standing in the Florida Bar and the local government section
of The Florida Bar shall be paid by the county on behalf of the county attorney and each assistant
county attorney.
(Code 1979, § 2-358; Ord. No. 039-2004, § 1)
Sec. 2-359. Employment of outside counsel.
    When the county attorney determines that the best interests of the county would be served by
utilizing the expertise of outside counsel, the county attorney shall request that the board retain
the outside counsel recommended by the county attorney. If the board concurs with the county
attorney's recommendation, then the board shall retain the outside counsel through a standard
engagement contract prepared by the county attorney and approved by the board. The engagement
contract must contain, at a minimum, a description of the legal services to be provided and the fee,
or basis of the fee, to be paid for such services. No fee may be paid to outside counsel without the
review and approval of the county attorney or the county attorney's designee.
(Code 1979, § 2-359; Ord. No. 039-2004, § 1)

Sec. 2-360. Office management and support staff.
        (a)      Personnel. The county attorney shall be responsible for overseeing and approving
the selection, hiring, supervising, disciplining, and termination of all staff and support personnel
of the office of county attorney and shall employ such staff and support personnel that the county
attorney determines are needed to carry out the duties of the office, subject to the budgetary
approval of the board. Staff and support personnel who have successfully served the probation
period set forth in the Monroe County Personnel Policies shall be career service employees under
Laws of Fla. ch. 69-1321.
       (b)     Rules and procedures. The county attorney may establish such reasonable rules and
procedures for the management of the county attorney's office and office personnel that the county
attorney deems necessary, provided that the rules and procedures do not conflict with Laws of Fla.
ch. 69-1321, or other applicable state or federal laws.
        (c)     Specialization. In order to encourage, promote, and maintain special expertise in
local government law, the board recognizes that The Florida Bar, under the aegis of the Florida
Supreme Court, has adopted a special certification program for attorneys in city, county, and local
government law, and that it would be to the benefit of county government to have such specially
certified attorneys in the county attorney's office. Accordingly, each county attorney and assistant
county attorney shall receive the sum of two hundred fifty dollars ($250.00) per month for each
month in which he or she obtains and maintains certification in city, county, and local government
law.
(Code 1979, § 2-360; Ord. No. 039-2004, § 1)

Sec. 2-361. County attorney to immediately defend all actions against the county.
    The county attorney has the authority to immediately defend any action against the county
without first seeking board approval. The county attorney shall advise the board of the action at
the next available board meeting (subject to the notice requirements of F.S. § 286.011(8), if a
closed meeting is to be utilized).
(Code 1979, § 2-361; Ord. No. 039-2004, § 1)
                                                                                         Page 47 of 94

Sec. 2-362. Defense of civil actions against the county attorney or assistant county
attorney.
         (a)    The county shall provide an attorney to defend any civil action arising from a
complaint for damages or injury suffered as a result of any act or omission of action of the county
attorney or any assistant county attorney arising out of and in the course and scope of his or her
employment or function, unless, in the case of a tort action, the county attorney or assistant county
attorney acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful
disregard of human rights, safety, or property. Defense of such civil action includes, but is not
limited to, any civil rights lawsuit seeking relief personally against the county attorney or
assistant county attorney for an act or omission under color of state law, custom, or usage, wherein
it is alleged that such county attorney or assistant county attorney has deprived another person of
rights secured under the Federal Constitution or laws. Legal representation of the county attorney
or an assistant county attorney shall be provided by outside counsel selected by the county
administrator with the consent of the county attorney. However, any attorney's fees paid from
county funds on behalf of the county attorney or assistant county attorney who is found to be
personally liable by virtue of acting outside the scope of his or her employment or was acting in
bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property, may be recovered by the county in a civil action against the
county attorney or assistant county attorney, as appropriate.
      (b)     Payments for any judgments and settlements arising out of an act or omission of the
county attorney or assistant county attorneys shall be made by the county pursuant to F.S. §
111.071.
       (c)     The provisions of this section shall be applicable to retired or former county
attorneys and assistant county attorneys, for the acts and omissions described in subsection 2-
361(a) that occurred when such individuals were employed by the county.
(Code 1979, § 2-362; Ord. No. 039-2004, § 1)

Sec. 2-363. Settlement of claims and litigation.
   The county attorney shall have the authority to settle any claim made by or against the county
and settle on behalf of the county any lawsuit in which the county is a party. Settlement authority
may be exercised under the following conditions:
       (1)      By the county attorney, in his or her judgment, when the settlement value or
               amount to be paid or received by the county does not exceed fifteen thousand dollars
               ($15,000.00).
       (2)      By the county attorney, with the written concurrence of the county administrator,
               when the settlement value or amount to be paid or received by the county is in
               excess of fifteen thousand dollars ($15,000.00) and does not exceed twenty-five
               thousand dollars ($25,000.00).
       (3)      By the county attorney, with prior approval of the board lawfully authorized at a
               public meeting of the board, where the settlement value or amount to be paid or
               received by the county is in excess of twenty-five thousand dollars ($25,000.00).
(Code 1979, § 2-363; Ord. No. 039-2004, § 1; Ord. No. 026-2005, § 1)
Sec. 2-364. Settlement of code enforcement and other liens.
    The county attorney shall have the authority to compromise or settle any code enforcement lien
or other lien imposed in favor of the county that has been imposed pursuant to law. Such
settlement or compromise shall be upon such terms and conditions, and in such amount, as the
county attorney deems just and appropriate under the particular circumstances. If a settlement or
compromise is agreed to by the person or entity legally obligated to pay the lien, the county
                                                                                                     Page 48 of 94

attorney may execute, on behalf of the county, any document that may be required for recording in
the public records of Monroe County to satisfy or release the lien as imposed. If no agreement can
be reached, the matter shall be placed by the county attorney on the agenda of a scheduled public
meeting of the board of county commissioners as an action item.
(Code 1979, § 2-364; Ord. No. 039-2004, § 1)

Sec. 2-365. Recoupment of attorneys' fees and costs.
   In all proceedings in which the county may have the right under federal or Florida statutory or
case law, or by contract, to seek reimbursement for attorney's fees, charges, or other costs incurred
by the county attorney's office personnel, the county attorney shall actively pursue obtaining a
judgment in favor of the county for such fees, charges, and costs. The basic hourly rates for
services rendered by county attorney's office attorneys and staff for which reimbursement is
sought shall be established from time to time by resolution adopted by the board of county
commissioners, after a public hearing.
(Code 1979, § 2-365; Ord. No. 039-2004, § 1) ;oxh5; Secs. 2-366--2-369.\Reserved.
                                                                                                 32
           ARTICLE XII. FLORIDA KEYS COUNCIL FOR THE HANDICAPPED
Sec. 2-370. Created, number of members.
   There is hereby created and established a commission to be hereinafter entitled "Florida Keys
Council for the Handicapped." The number of persons on said commission to be appointed by the
board of county commissioners shall be five (5), plus one (1) designated alternate.
(Code 1979, § 2-370; Ord. No. 24-1985, § 1; Ord. No. 21-1987, § 1; Ord. No. 23-1996, § 1, 4-17-96; Ord. No. 54-
1996, § 1)

Sec. 2-371. Composition of membership.33
    Members who are appointed to this commission shall be representative of any and all
organizations or agencies that are dedicated to the advancement of the handicapped or of
individuals who have exhibited a dedication and an interest in helping those persons who have
handicaps. Two (2) members of this commission, shall be handicapped and the other members of
this commission may or may not be handicapped, using the term "handicapped" to be defined as in
the Code of Federal Regulations. Members of this commission shall either work in or be residents
of Monroe County. Members who serve on this commission should not be candidates for election to
any public office.
(Code 1979, § 2-371; Ord. No. 24-1985, § 2; Ord. No. 23-1996, § 2, 4-17-96)

Sec. 2-372. Selecting of members by mayor and board of county commissioners.
    The original commission appointed under this article shall be composed of one (1) member
selected by each member of the Monroe County Board of County Commissioners. The board of
county commissioners shall appoint a designated alternate to serve at any regularly scheduled
meeting of the council for the handicapped only upon the inability of a quorum to be met in the
absence of said alternate.
(Code 1979, § 2-372; Ord. No. 24-1985, § 3; Ord. No. 23-1996, § 3, 4-17-96; Ord. No. 54-1996, § 2)



32
   Legal Analysis: 1979 Code ch. 2, art. XII. FLORIDA KEYS COUNCIL FOR THE HANDICAPPED. If
       obsolete, delete. If retained, consider use of the term "persons with disabilities" in lieu of
       "handicapped" or "the handicapped." This is politically correct term.
33
   Legal Analysis: 1979 Code § 2-371. Composition of membership. Deleted the last sentence as
       not being mandatory. If retained, changed should to shall.
                                                                                                     Page 49 of 94

Sec. 2-373. Selection of chairperson; term of office of members; filling of vacancies.34
       (a)    The initial appointments made to this commission shall be for a period of time as is
stated hereinafter; each commissioner shall appoint at least one (1) member to this commission
from the membership of the pre-existing handicapped commission, selecting individuals who have
been most active on the pre-existing commission. These initial appointments shall serve out the
term of their appointment to the pre-existing commission. Subsequent thereto, any and All
appointments shall be for a period of three (3) years. If any vacancy occurs on the commission, the
county commission of Monroe County shall appoint someone in the category designated to the
remainder of the unexpired term of office. One alternate voting member, appointed by the board of
county commissioners, shall serve a term of three (3) years.
       (b)      Members of this commission may be removed without cause only by a majority vote
of the board of county commissioners. The commission herein appointed may discharge and
remove a member thereof who has missed three (3) consecutive meetings without good and just
reason. If one is removed from the commission, the chairperson of the commission shall certify the
same to the board of county commissioners, and at the time it is deemed that the vacancy will then
occur for that particular position.
        (c)     If vacancies occur on the commission, the commission itself shall recommend at
least three (3) persons to the board of county commissioners and from said list, the board of county
commissioners shall fill the vacancy. The terms of officers created by this article shall commence
on the first day of January and, consequently, the termination date of any and all appointments
will be on the 31st day of December.
(Code 1979, § 2-373; Ord. No. 24-1985, § 4; Ord. No. 23-1996, § 4, 4-17-96; Ord. No. 54-1996, § 3)

Sec. 2-374. Meetings.
    At the initial meeting of the commission created herein an election will be held wherein the
commission will select a chairperson, a vice-chairperson and a secretary. It will take three (3)
persons on this commission to constitute a quorum, which shall be necessary to hold any meeting
or take any action whatsoever. The first meeting of this commission shall occur on the fourteenth
day after the commission is so selected and designated by the board of county commissioners and
shall be presided over by a temporarily elected chairperson, whose position and authority will be
transferred to the elected chairperson at the initial meeting. The chairperson of the commission
will set the date, time and place of all meetings, but a special meeting may be arranged upon the
call of at least four (4) members of the commission in writing. There shall be at least six meetings
a year.
(Code 1979, § 2-374; Ord. No. 24-1985, § 5; Ord. No. 23-1996, § 5)

Sec. 2-375. Compensation.
    No compensation shall be paid to people selected to this commission, but the board of county
commissioners does hereby provide that any legally incurred travel expenses going back and forth
to the meetings of the commission shall be compensated.
(Code 1979, § 2-375; Ord. No. 24-198, § 6)

Sec. 2-376. Powers.
     The commission created hereunder shall have the following powers:
         (a)     Advise the board of county commissioners, and when asked by the county
                commission, make recommendations and suggestions to the county administration

34
     Legal Analysis: 1979 Code § 2-373. Selection of chairperson; term of office of members; filling
         of vacancies. Eliminated obsolete language.
                                                                                         Page 50 of 94

               on any and all matters that pertain to the status and handling of handicapped
               persons' problems, which shall include but not be limited to discrimination against
               handicapped persons; the employment of handicapped persons; the vocational and
               manual training for handicapped persons; the determination of the transportation
               needs of handicapped persons; determine the attitudes toward the handicapped
               persons in the community, and in so doing, recommend what is, in their judgment, a
               proper procedure to follow in resolving this and then report the various doings and
               findings of the commission to the Board of County Commissioners of Monroe County.
       (b)      Act in a liaison capacity between the Board of County Commissioners of Monroe
               County and the people in this county who are handicapped to the point of consulting
               with representatives of this body from time to time as requested and necessary in
               order to carry out the commission's functions and duties.
       (c)      When necessary and desirable, initiate studies and have studies made which are in
               respect to the needs of the handicapped, which shall include any discrimination or
               improper actions toward the handicapped in this county and any method to
               investigate in such studies the employment, education, and transportation and other
               problems relating to the handicapped; to determine the difficulties involved in the
               establishment of a residential center for handicapped persons; the treatment of
               these people; recreational services and other facilities for the handicapped; and
               problems of attitude or barriers toward the handicapped.
       (d)     Formulate and recommend plans and programs for the coordination of activities of
               all government entities and nongovernmental agencies dealing with problems of the
               handicapped.
       (e)      Serve as a resource facility to handicapped persons and to those persons who are
               interested in advancing the welfare of handicapped persons.
       (f)      Solicit and accept funds from persons interested in the activities of the commission
               herein created as to further the carrying out of the duties and activities of this
               commission for the advancement of the handicapped.
       (g)     Form other activities that relate to this commission, which shall be referred to them
               by the Board of County Commissioners of Monroe County.
       (h)      Annually prepare a report to be submitted to the board of county commissioners
               reflecting and showing the study activities that have been conducted at its request.
(Code 1979, § 2-376; Ord. No. 24-1985, § 7)

Sec. 2-377. Advisory nature of commission; aid by county staff.
       (a)     It is understood that the powers, duties and prerogatives of this commission are
only advisory. The right to subpoena witnesses or compel the attendance of witnesses does not
exist with this commission, and the commission shall have no power to appoint county offices or
employees to make any decisions or any determinations that have any effect upon the acts and
conduct of the business of this commission.
       (b)      The county commission can determine who and what members of the staff in the
administration of the County of Monroe shall be involved in aiding this commission where
requested. The county administrator, at his discretion, may direct any staff member or employee of
this county, to aid this commission in its activities when requested.
(Code 1979, § 2-377; Ord. No. 24-1985, § 8)
                                                                                            Page 51 of 94

               ARTICLE XIII. PLANNING, ZONING AND BUILDING DISTRICT35


Sec. 2-388. Created; purposes.
    There is hereby created, pursuant to the authority granted in F.S. ch. 125 and article VII,
section 9(b), Florida Constitution, a municipal service taxing unit (district) for the purpose of
providing the following essential municipal services:
         (1)     Land use planning, including but not limited to all those functions described in the
                Local Government Comprehensive Planning Act as amended, Florida Statutes,
                section 163.3161 et seq., and chapter 380, Laws of Florida;
         (2)    Drafting and analysis of all land use or building regulations, of whatever type and
                however denominated, when so requested by the board of county commissioners;
         (3)     The administration and enforcement of all building codes and controls, including
                the issuance of permits;
         (4)     Code enforcement under chapter 162, Laws of Florida;
         (5)     The office of the fire marshal, whose duties shall be as defined by general and
                special law and county ordinance and resolution;
         (6)     Parks, beaches and recreation, the provision of which shall be as authorized by
                general and special law and county ordinance and resolution; and
         (7)     Local road patrol law enforcement services which means regularly scheduled patrol
                by uniformed law enforcement officers in marked patrol cars whose full-time duty
                assignment involves responding to calls for service and engaging in crime prevention
                activities, sergeants who provide first-line supervision to those officers, and general
                case detectives not assigned to investigate major crimes or function as crime scene
                technicians.
    In carrying out the purposes described in this article, the district shall be financed from ad
valorem taxes collected solely within the district. Nothing contained herein shall prevent the
district from charging various fees, as determined by the board of county commissioners, for any
service or services rendered to any specific person or persons, regardless of whether such person or
persons are real or incorporeal. However, when such fees are collected by any department of the
county or a law enforcement agency in the course of providing any of the services described in
subparagraphs (1) through (7) of this section, then those fees may only be expended by the
department or law enforcement agency which collected them.
(Code 1979, § 2-388; Ord. No. 31-1985, § 2; Ord. No. 34-1986, § 1; Ord. No. 29-2000, § 1)


Sec. 2-389. Name of district.
   The district shall be known as the Monroe County General Purpose Municipal Service Taxing
Unit and shall include all of the unincorporated lands in the county.
(Code 1979, § 2-389; Ord. No. 31-1985, § 3; Ord. No. 34-1986, § 2)

Sec. 2-390. Governing body.
     The governing body of the district shall be the board of county commissioners.
(Code 1979, § 2-390; Ord. No. 31-1985, § 4)


35
     Legal Analysis: 1979 Code ch. 2, art. XIII. Planning, Zoning And Building District. Deleted as
         apparently superseded by 1979 Code ch 2, art. V.
                                                                                           Page 52 of 94

Sec. 2-391. Powers of district governing body.
    The governing body of the district shall have all the power of a body corporate, including the
power to enter into interlocal agreements pursuant to chapter 163, Florida Statutes, or otherwise;
to contract on behalf of the district; to sue and be sued; to adopt and use a common seal and to
alter the same at pleasure; to acquire, by either gift or purchase, lease and convey real estate and
personal property, including equipment, and except as such transactions may be limited herein, as
the governing body may deem proper or expedient to carry out district purposes; to employ such
experts, agencies and employees as the governing body may deem advisable; and to borrow money
and to issue negotiable promissory notes, certificates of indebtedness as hereinafter provided. In
order to carry out the purposes enumerated in section 2 [2-388], the district may exercise the
powers, including implied powers, granted by all applicable general and special laws, ordinances
and resolutions.
(Code 1979, § 2-391; Ord. No. 31-1985, § 5)

Sec. 2-392. Clerk; compensation of members.
    The Clerk of the Circuit Court, Sixteenth Judicial Circuit of the State of Florida, as ex officio
clerk of the board of county commissioners, shall be ex officio clerk, auditor, recorder of the
minutes and accounts, and custodian of the district's funds. The members of the governing body
shall not receive an additional compensation for their service as members.
(Code 1979, § 2-392; Ord. No. 31-1985, § 6)

Sec. 2-393. Audit of books.
   The books of the district shall be audited by the same officers and in a like manner as the
books of other county officers and departments in conformance with Florida Statutes section 11.45.
(Code 1979, § 2-393; Ord. No. 31-1985, § 7)

Sec. 2-394. Acquisition of property.
   The governing body shall have the power to acquire any real or personal property through the
use of installment or deferred payments, but only to the extent that such are lawful under article
VII, sections 10 and 12, Florida Constitution, and any general or special law implementing the
same.
(Code 1979, § 2-394; Ord. No. 31-1985, § 8)

Sec. 2-395. Right of governing body to borrow.
   The governing body, in order to carry out the purposes of the district, is authorized to borrow
money and issue certificates of indebtedness therefor upon such terms and at such rates of interest
as the governing body may deem advisable in accordance with article 7, section 12, Florida
Constitution, the implementing statutes, chapter 125, Laws of Florida [Florida Statutes], and any
other applicable general or special law. The certificates of indebtedness may be a charge upon all
revenues derived from taxes in that fiscal year or may be made payable from budgetary
requirements in due course of law, as the governing body may elect.
(Code 1979, § 2-395; Ord. No. 31-1985, § 9)
Sec. 2-396. Deposit, disbursement of funds.
    The district funds shall be deposited in the name of the district in a bank authorized to receive
deposits of county funds, which bank shall be designated by a resolution of the governing body.
Such designation of the bank for the deposit of funds therein shall be the exercise of due care and
diligence on the part of the clerk for the safekeeping of said funds. No funds of the district shall be
paid or disturbed save and except by warrant, signed by the chairman of the governing body and
attested by the clerk.
                                                                                          Page 53 of 94

(Code 1979, § 2-396; Ord. No. 31-1985, § 10)

Sec. 2-397. Expenditures.
   The district funds shall only be expended for the following purposes:
       (a)      The administration of the affairs and business of the district as authorized by the
               governing body;
       (b)      The purchase, construction, care, upkeep, maintenance and operation of such real
               and personal property, including fixtures, necessary for carrying out the purposes of
               the district as stated in section 2 [2-388] of this article as authorized by the
               governing body;
       (c)      Compensation for the employees of the district and for all consultants and other
               outside experts and staff as authorized by the governing body;
       (d)      The repayment of all debts lawfully incurred whether authorized by the terms of
               this article or by general or special law.
(Code 1979, § 2-397; Ord. No. 31-1985, § 11)

Sec. 2-398. Services of independent contractors permitted; hiring of personnel.
    The governing body, when it deems it advisable, is authorized to acquire by gift or purchase,
and to pay the purchase price for, the services of independent contractors for the purpose of
carrying out any of the functions described in section 2 [2-388] of this article, only limited to the
extent that the purchase or gift is controlled by general or special law. The governing body shall
also have the authority to hire such personnel as the body deems advisable and to prescribe rules
and regulations pertaining thereto so long as the same is not inconsistent with general or special
law.
(Code 1979, § 2-398; Ord. No. 31-1985, § 12)

Sec. 2-399. Payment by municipalities under interlocal agreement.
    In the event an interlocal agreement is entered into between the district and a municipality,
such agreement, in addition to being in compliance with chapter 163, Laws of Florida [Florida
Statues], shall include an express provision as to how the municipality shall pay for its use of
district services. The municipal funding source may be from funds derived from service charges,
special assessment or taxes imposed within such municipality by such municipalities, or from
budgetary payments made in the due course of law from such municipality to the district.
(Code 1979, § 2-399; Ord. No. 31-1985, § 13)

Sec. 2-400. Duties of officers; meetings
    The officers of the district governing body shall have the duties, whether mandated by statute
or common law, usually pertaining to, vested in, and incumbent upon like officers. A record shall
be kept of all meetings of the governing body. The governing body may adopt the rules and
regulations it deems necessary in and about the transaction of its business, and in carrying out the
provisions of this article.
(Code 1979, § 2-400; Ord. No. 31-1985, § 14)

Sec. 2-401. Annual report; fiscal year.
       (a)     The governing body of the district shall, on or before the first day of November, or
such other date as may be required by general or special law, make an annual report of its actions
and accounting of its funds as of the thirtieth day of September of each year in accordance with the
provisions of general and special law and in the same manner as is required by other county
departments and agencies. The report shall be filed in the office of the Clerk of the Circuit Court of
                                                                                         Page 54 of 94

the Sixteenth Judicial Circuit, whose duty shall be to receive and file such report and keep the
same as a public record.
      (b)     The fiscal year of the district is hereby fixed as commencing on the first of October
and ending on the thirtieth of September.
(Code 1979, § 2-401; Ord. No. 31-1985, § 15)

Sec. 2-402. Warrant required for payment of district funds.
    The funds of the district shall be paid out only upon a warrant signed by the chairman of the
governing body and attested to by the clerk and having thereto affixed the corporate seal of the
district. No warrant shall be drawn or issued against the funds of the district except for the
purposes authorized by this article, and no such warrant against the funds of the district shall be
drawn or issued until after the account or expenditure for which the same is to be given in
payment has been ordered and approved by the governing body.
(Code 1979, § 2-402; Ord. No. 31-1985, § 16)

Sec. 2-403. Tax levy authorized.
        (a)     The governing body of the district is authorized and empowered and directed
annually to levy upon all the real and personal taxable property in the district a sufficient tax to
pay all necessary costs, of whatever type including capital expenditures, as authorized by this
article within the limits fixed for municipal purposes for municipal service taxing units under
article VII, section 9(b), Florida Constitution, chapter 125, Florida Statutes, and Florida Statutes,
section 200.071(3).
        (b)     The levy by the governing body of the taxes authorized by any provision of this
article shall be by resolution of such body duly entered upon the minutes of the body. Millage shall
be set and ad valorem taxes levied thereon in accordance with the provisions of general law and in
like manner as required for the setting of millage and levy of ad valorem taxes by a county. It shall
be the duty of the county commissioners to order and require the county property appraiser to
assess, and the county tax collector to collect, the amount of taxes so assessed or levied by the
board of commissioners of the district upon the taxable property in the district at the rate of
taxation adopted by said board of commissioners of the district for such year and included in the
warrant of the property assessor and attached to the assessment roll of taxes for such year and
included in the warrant of the property assessor and attached to the assessment role of taxes for
this county each year. The tax collector of the county shall collect such tax so levied by such board
in the same manner as other taxes are collected, and shall pay the same over to the governing
body of the district levied upon within the time and in the manner prescribed by law for the
payment by the tax collector of county taxes and shall be held by such body and paid out to them
as provided in this article. Tax certificates and tax deeds shall be issued for all delinquent
properties in accordance and in like manner as the same are authorized to be issued by chapter
197 of the Florida Statutes and other general and special law regulating the issuance of same for
nonpayment of delinquent county and ad valorem taxes.
       (c)     It is herein and hereby determined that the municipal service taxes herein provided
for those services enumerated in section 2 [2-388] of this article are municipal assessments for
municipal or peculiar benefits accruing to the properties within the district against which
properties such levies are directed to be made. It is also herein and hereby found, determined and
declared that the services enumerated in section 2 [2-388] of this article are public purposes and
essential municipal services under the terms of Florida Statutes, section 125.01(1)(q).
(Code 1979, § 2-403; Ord. No. 31-1985 § 17)
                                                                                           Page 55 of 94

Sec. 2-404. Referendum required for imposition of tax.
    Prior to the imposition of an ad valorem levy to extend not longer than two (2) years and such
that it may cause the total millage in the district to exceed ten (10) mills or prior to the imposition
of an ad valorem levy to be pledged for any form of indebtedness as described in article VII, section
12, Florida Constitution, a referendum election must be held and passed favorably by a majority of
those electors voting in the election. The procedure shall be as follows:
       (a)      The board of county commissioners, by resolution, shall request that the supervisor
               of elections conduct a referendum election within the territorial boundary of the
               district. In addition, the election procedure, including notice and the form of the
               ballot question, shall be in a manner conforming to general law.
       (b)      The proposed levy shall be deemed to have passed when a majority of the electors
               voting in the referendum election shall have voted for the levy or levies described in
               the ballot.
The proposed levy, if authorized by the electors and thereafter levied by the board of county
commissioners, shall only be used for the purposes set forth on the ballot.
(Code 1979, § 2-404; Ord. No. 31-1985, § 18; Ord. No. 34-1986, § 3)
Sec. 2-405. Payment of expenses authorized.
   The governing body is authorized to pay from the funds of the district all expenses necessarily
incurred in the formation of the district.
(Code 1979, § 2-405; Ord. No. 31-1985, § 19)

Sec. 2-406. Effective date of amendments.
    Any amendment changing the boundaries of the district shall not be effective in the following
fiscal year unless done before the first day of January which is prior to the commencement of said
fiscal year. Any change in district purpose shall not be effective in the following fiscal year unless
done before the first day of July which is prior to the commencement of said fiscal year, unless the
consent of the property appraiser is obtained.
(Code 1979, § 2-406; Ord. No. 31-1985, § 20; Ord. No. 34-1986, § 4)

Sec. 2-407. Effect on previous legislation.
       (a)     Nothing contained in this article shall be construed to alter or vitiate any existing
ordinance, resolution, general or special law, regardless of whether the ordinance, resolution,
general or special law is procedural or substantive, whose subject matter touches upon the
purposes of the district enumerated in section 1 [2-388] of this article. Additionally, nothing in this
article shall be construed to in any way alter, obstruct or prevent the board of county
commissioners from exercising their authority, granted by general or special law, in regard to any
subject which may involve the purposes enumerated in section 1 [2-388] of this article.
       (b)    Nothing in this article shall be construed to in any way cancel or modify the term of
any contract existing on the effective date of this article [September 20, 1985] between Monroe
County and any person or persons, real or incorporeal, and regardless of the subject matter of the
contract.
(Code 1979, § 2-407; Ord. No. 31-1985, § 21)
                                                                                          Page 56 of 94

                       ARTICLE XIV. GRANT TO RETARDED CITIZENS36
Sec. 2-415. Grant award to Monroe Association of Retarded Citizens.
       (a)     There is hereby authorized a single, one-time award of twenty thousand dollars
($20,000.00) to Monroe Association for Retarded Citizens ("MARC"), a nonprofit organization, for
repair and maintenance of a shelter home.
         (b)    The source of such award shall be from the county's contingency funds.
(Code 1979, § 2-415; Ord. No. 40-1986, § 2)

                        ARTICLE XVII. RISK MANAGEMENT PROGRAM


Sec. 2-457. Creation of program.
        (a)      There is hereby created a risk management program for Monroe County, Florida.
The uninsured loss fund therefor shall be a continuing appropriation, notwithstanding fiscal years,
to be used for payment of the administrative costs, expenses, settlements, judgments and claims of
the county. The uninsured loss fund shall be an internal service fund into which premiums will be
paid from appropriate county funds. Moneys from the fund shall be used to pay legitimate claims
made against the county. The county administrator or his designee shall calculate annually, for
each fiscal year, the amounts of internal payments and transfers required to be remitted to the
uninsured loss fund for the respective departments and offices insured hereby which, when added
to the expected fund balance from the preceding fiscal year, will adequately fund the reserve and
expected claims for the fiscal year. The sum total of these amounts is hereafter referred to as "the
county premium." There shall be paid into the uninsured loss fund: (i) an annual appropriation in
the amount, of the county premium and (ii) earnings on investments made pursuant to subsection
(b) of this section.
       (b)     The county administrator shall maintain with commission approval the uninsured
loss fund. He shall, when appropriate and with commission approval determine and obtain
necessary financial arrangements, which shall include the purchase of insurance when deemed
appropriate to ensure against catastrophic losses which may exceed their resources of the fund.
      (c)      A safety program shall be established under the direction of the county
administrator or his designee to identify and implement ways and means to reduce or eliminate
unsafe conditions or practices for which losses may occur. The safety program may include such
rewards, disciplines or penalties as may tend to reduce losses and promote safety.
       (d)     A catastrophic contingency reserve shall be established and maintained at a
minimum of one million dollars ($1,000,000.00). This reserve shall be available for non-declared
disasters to fund large property insurance deductibles, liability claims that exceed, or are excluded
from, any excess insurance coverage purchased, or at any time budgeted expenses of the fund,
including insurance premiums exceed the budgeted amount by ten (10) percent. Upon the
recommendation of the county administrator or his designee, any surplus funds remaining in the
risk management fund at the end of any fiscal year not required for specific claim reserves may be
added to the catastrophe reserve, thereby raising the minimum balance maintained accordingly. If
any funds are utilized from the catastrophe reserve within a fiscal year, such funds shall be
replaced in ensuing fiscal year budgets, until the reserve is replenished to its beginning minimum
balance.
(Code 1979, § 2-457; Ord. No. 25-1988, § 2; Ord. No. 37-1999, § 1)


36
     Legal Analysis: 1979 Code ch. 2, art. XIV. Grant To Retarded Citizens. Deleted as obsolete. This
         was a one-time grant.
                                                                                          Page 57 of 94

Sec. 2-458. Uninsured loss fund.
   Recognizing the importance of maintaining the financial integrity of the uninsured loss fund,
the county hereby establishes the following general procedures regarding the administration of the
fund.
       (1)     The clerk of the Circuit Court of Monroe County (hereafter the clerk) shall be
              responsible for the administration of all financial affairs of the uninsured loss fund.
       (2)    In administering the uninsured loss fund, the clerk shall adopt and follow generally
              accepted accounting standards and procedures.
       (3)     The board of county commissioners shall establish the amount of the fund of the
              uninsured loss fund for each forthcoming fiscal year upon the recommendation of the
              county administrator and, at the direction of the board, upon the advice of an
              independent actuary.
       (4)     If for any reason the unrestricted balance in the uninsured loss fund is a negative
              balance during the fiscal year, such fact shall be noted in a written report by the
              county administrator to the board of county commissioners. The county
              administrator shall, from time to time, recommend such additional appropriations or
              budget amendments as may be required to assure the solvency of the uninsured loss
              fund.
       (5)     The county administrator and clerk shall pay, or cause to be paid, all approved
              claims for damages or other liability arising out of any loss not covered by the
              county's insurance policies.
       (6)     The county administrator and the clerk are authorized to pay or cause to be paid
              from the uninsured loss fund the administrative costs and the fees and costs
              involved in or related to the retention and use of support services for the program,
              under established purchasing policies and procedures and within purchasing
              authority levels.
       (7)     The program shall be financed by the funds placed in the uninsured loss fund
              hereby established to which shall be credited all money deposited by appropriation
              or from any other source related to said fund. The fund shall consist of:
              a.     Any appropriation heretofore made for the expenditure of public funds to
                     protect the county against loss, including related insurance premiums.
              b.     Appropriations for the payment of losses, claims and judgments against the
                     County.
              c.     Any costs, contributions or indemnities recovered from other parties.
              d.     Fines and forfeitures levied against employees as a result of being found
                     responsible for preventable accidents and losses.
              e.     Income accruing from the investment of the fund.
       (8)     Funds are to be expended in accordance with the provisions and for the purposes
              stated in this article. The fund shall be segregated from other funds of the county,
              shall be appropriated in the annual county budget, and shall be administered under
              the direction of the county administrator.
       (9)     For the purpose of this article, "losses" shall be defined as loss of or damage to real
              and personal property not recoverable from insurance or any other source; "claims"
              shall be defined as all actual or alleged responsibilities to others arising out of the
              ownership, maintenance and use of all county property, all operations of the county,
              and all acts or omissions of the county's elected officials, appointees, agents and
                                                                                                Page 58 of 94

                employees while acting within the scope of official duties. Except that, in the best
                interest of the county, the following risks are to remain separately insured and
                nonparticipatory in the program:
                a.     Reserved.
                b.     Repealed.
                c.     Airport liability.
                d.     Law      enforcement    liability,  public     official   liability,   automobile
                       liability/physical damage, and aircraft liability of the sheriff's department.
(Code 1979, § 2-458; Ord. No. 25-1988, § 3; Ord. No. 5-1991, § 1; Ord. No. 11-1995, § 2; Ord. No. 37-1999, §§
2, 3)
Sec. 2-459. Claims administration.
       (a)    All losses and claims shall be referred to the office of risk management. Said losses
and claims shall be investigated and reported to the county administrator in accordance with
administrative procedures to be promulgated by the county administrator. In the event legal
proceedings may be involved, the county attorney shall be so advised.
       (b)    The county administrator may employ such investigative, adjusting or consulting
services as may be required to effectively carry out the provisions of this article.
(Code 1979, § 2-459; Ord. No. 25-1988, § 4)
                                     37
Sec. 2-460. Payment of claims.
      (a)     The county administrator is authorized to request disbursement of money from the
uninsured loss fund as herein provided for the purposes of carrying out the intent of this article.
        (b)    The risk management designee of the county administration may settle and pay all
losses of or damages to county property upon appropriate investigation and documentation.
        (c)    The county administrator may compromise, settle and pay all claims that may be
discharged by payment of an amount not to exceed twenty-five thousand dollars ($25,000.00) for
each individual claim. Such settlement or compromise shall be for all damages claimed for bodily
injury, property damage or both.
       (d)      Proposed settlements in excess of twenty-five thousand dollars ($25,000.00), but not
more than fifty thousand dollars ($50,000.00) for each individual claim, shall be reviewed by the
county administrator, the county attorney, the risk management designee and the independent
adjuster if one has been retained. Payment shall be made upon consensus of the committee.
      (e)     Proposed settlements in excess of fifty thousand dollars ($50,000.00) shall be
submitted to the county commission for its approval.
(Code 1979, § 2-460; Ord. No. 25-1988, § 5)

Sec. 2-461. Subrogation.
    It shall be the responsibility of the risk management office to pursue recovery of any losses or
claims paid as a result of the acts of a third party tortfeasor when it is practical to do so.
(Code 1979, § 2-461; Ord. No. 25-1988, § 6)



37
     Legal Analysis: 1979 Code § 2-460. Payment of claims. While the provisions herein are
         inconsistent with the settlement authority of the county attorney provided for in 1979 Code
         § 2-363, it is assumed that this is permissible, as the differing authorizations are for
         different stages of a claim.
                                                                                            Page 59 of 94

Sec. 2-462. Legal services.
    The county attorney shall perform all legal services required to accomplish the purpose of the
risk management program regarding defense or prosecution or when requested by the county
administrator, the negotiation of settlements of claims or suits. The county attorney may obtain
outside legal services, which shall be paid for by the fund when said services are deemed necessary
and in the best interest of the county.
(Code 1979, § 2-462; Ord. No. 25-1988, § 7)

Sec. 2-463. Costs of administration.
         (a)    All costs and expenses allocated to a specific loss or claim shall be paid for by the
fund.
     (b)    Any unallocated costs and expenses associated with or related to the risk
management program may be paid for by the fund upon the approval of the county administrator.
(Code 1979, § 2-463; Ord. No. 25-1988, § 8)

                                ARTICLE XVIII. BOND FINANCING
                          38
Sec. 2-474. Short title.
   This article shall be known and may be cited as the "Consolidated Home Rule Ordinance for
Bond Financing."
(Code 1979, § 2-474; Ord. No. 56-1988, § 1)

Sec. 2-475. Authority for article.
    This article is enacted pursuant to article VIII, Section 1, Florida Constitution (1968), and F.S
ch. 125 and other applicable provisions of law.
(Code 1979, § 2-475; Ord. No. 56-1988, § 2)

Sec. 2-476. Findings.
   It is hereby found, determined and declared by the Board of County Commissioners (the
"board") of Monroe County, Florida (the "county"), as follows:
         (a)     Pursuant to article VIII, section 1, Florida Constitution (1968), and F.S. ch. 125, the
                county has all powers of local self-government to perform county functions and to
                render county services in a manner not inconsistent with general or special law, and
                such power may be exercised by the enactment of county ordinances.
         (b)     It is necessary for the public health, safety and general welfare of the county and its
                citizens that provision be made (1) for the acquisition, construction, improvement
                and equipment from time to time of capital projects, and for other similar capital
                purposes which serve a county purpose, and (2) for the financing of the cost of such
                projects by the pledging of certain non-ad valorem funds, as described below.
         (c)     The county desires maximum flexibility in the investment of proceeds from the sale
                of its obligations and the security for payment of its obligations.
         (d)     Notice of intent to consider this article has been published and made available to
                the public for inspection in the manner provided by law.
(Code 1979, § 2-476; Ord. No. 56-1988, § 3; Ord. No. 022-2004, § 11)




38
     Legal Analysis: 1979 Code § 2-474. Short title. Deleted as not needed.
                                                                                          Page 60 of 94

Sec. 2-477. Projects.
   The county is hereby authorized to acquire, construct, improve and equip county capital
projects (the "projects"), as the same may be determined by the board from time to time in
accordance with the provisions of general or special law.
(Code 1979, § 2-477; Ord. No. 56-1988, § 4)

Sec. 2-478. Obligations.
    To pay the cost of the projects and other costs necessary or incidental thereto, including but not
limited to the costs of issuance of such obligations, the county is authorized to issue revenue bonds,
notes, certificates and other forms of indebtedness (collectively, the "obligations") from time to
time. Such obligations may be issued in bearer form or fully registered form; may be delivered by
means of physical certificates or a book-entry system, or any combination thereof; may be in such
denomination or denominations; may bear interest at such rate or rates not exceeding the
maximum rate allowed by law, payable on a current basis or at maturity; and may mature at such
time or times all as shall be determined by the board at or prior to the time of sale of the
obligations. The obligations may be redeemable before maturity, at the option of the county, at
such price or prices and under such terms and conditions as shall be fixed by the board prior to
their issuance. The board shall determine the place or places or payments of the principal,
redemption premium, if any, and interest on the obligations, which may be at any bank or trust
company within or without the State of Florida. The obligations shall be signed by the manual or
facsimile signature of the mayor of the board, and attested by the manual or facsimile signature of
the clerk of the circuit court for the county, ex officio clerk of the board (the "clerk"), and may
further be authenticated on behalf of the county by a bank or trust company which may be acting
as registrar of the obligations; provided, that such obligations shall bear at least one (1) signature
which is manually executed thereon; and shall have the seal of the board affixed, imprinted,
reproduced or lithographed thereon all as shall be prescribed in the resolution or resolutions
authorizing the issuance of the obligations. The obligations may be sold at public or private sale at
such price or prices as the board shall determine.
(Code 1979, § 2-478; Ord. No. 56-1988, § 5)
Sec. 2-479. Refunding obligations.
    The county may issue obligations to refund any obligations issued under the authority of this
article and provide for the rights of the owners thereof. Such refunding obligations may be issued
in an amount sufficient (a) to pay any expenses of the issuance and sale of such refunding
obligations and (b) together with the income from the investment of a portion of the proceeds of
sale of such refunding obligations, to pay (i) the principal of the outstanding obligations, (ii) the
interest due and payable on the outstanding obligations, and (iii) the redemption premium, if
applicable, on the outstanding obligations.
(Code 1979, § 2-479; Ord. No. 56-1988, § 6)

Sec. 2-480. Security.
    The principal of and interest on the obligations issued under the authority of this article may
be payable from and/or secured by a lien upon and pledge of any portion of the money of the county
derived from sources other than ad valorem taxation and legally available for such purpose
(collectively, the "non-ad valorem funds").
(Code 1979, § 2-480; Ord. No. 56-1998, § 7)

Sec. 2-481. Negotiability.
   The obligations shall be negotiable instruments under the Uniform Commercial Code--
Investment Securities laws of the State of Florida.
                                                                                               Page 61 of 94

(Code 1979, § 2-481; Ord. No. 56-1988, § 8)
State law reference--Uniform Commercial Code--Investment Securities, F.S. § 678.1011 et seq.
                                        39
Sec. 2-482. Investment of funds.
    Proceeds of the sale of any obligations and any non-ad valorem funds securing payment of the
obligations may, at the option of the county, be invested in the following manner:
         (a)    Direct obligation or obligations the principal of and interest on which are
               unconditionally guaranteed by the United States of America (the "government
               obligations"), or receipts, certificates or other similar documents evidencing
               ownership of future principal or interest payments due on government obligations,
               which government obligations are held in a custody or trust account by a bank or
               savings and loan association which is either (1) "qualified public depository" under
               the laws of the State of Florida or (2) has capital, surplus and undivided profits of
               not less than fifty million dollars ($50,000,000.00) and which is a member of the
               Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance
               Corporation, as applicable.
         (b)    Bonds, debentures, notes, participation certificates or other evidences of
               indebtedness issued, or the principal of and interest on which are unconditionally
               guaranteed, by the Federal Home Loan Bank System, the Export-Import Bank of
               the United States, the Federal Financing Bank, the Government National Mortgage
               Association, the Farmers Home Administration, the Federal Housing
               Administration or the Maritime Administration.
         (c)    Deposits in any commercial bank or savings and loan association that is a member
               of the Federal Deposit Insurance Corporation ("FDIC") or the Federal Savings and
               Loan Insurance Corporation ("FSLIC"), as applicable, and is a "qualified public
               depository" under the laws of the State of Florida.
         (d)    Repurchase agreements, fully and continuously secured by government obligations,
               with any bank, trust company, national banking association or savings and loan
               association which is a member of FDIC or FSLIC, as applicable, and is a "qualified
               public depository" under the laws of the State of Florida; or with any registered
               government bond broker/dealer which is subject to the jurisdiction of the Securities
               Investor's Protection Corporation; provided, (1) such government obligations are
               held by the County or a third party which is (a) a Federal Reserve Bank, (b) a bank
               or savings and loan association which is a member of FDIC or FSLIC, as applicable,
               and is a "qualified public depository" under the laws of the State of Florida, or (c) a
               bank or savings and loan association approved in writing for such purpose by the
               municipal bond insurer, if applicable; and the county shall have received written
               confirmation from the third party that it holds such Government Obligations; and
               (2) a perfected first security interest in or title to such government obligations, as
               applicable, is created or obtained for the benefit of the county.
         (e)    Shares in a money market or other fund, the investments of which are exclusively
               in government obligations.
         (f)    Any other agreements for the investment of money between the county and a bank,
               trust company, national banking association or corporation subject to registration
               with the Board of Governors of the Federal Reserve System under the Bank Holding
               Company Act of 1956 or the Federal National Mortgage Association, or any

39
     Legal Analysis: 1979 Code § 2-482. Investment of funds. If covered by an investment policy
         promulgated pursuant to F.S. § 218.415, delete.
                                                                                           Page 62 of 94

                corporation including insurance companies, (1) whose unsecured obligations or
                uncollateralized long-term debt obligations have been assigned ratings by Standard
                & Poor's Corporation, New York, New York ("S&P"), and Moody's Investors Service,
                New York, New York ("Moody's"), which are equal to or higher than the ratings
                initially assigned by S&P and Moody's to the bonds then being issued by the county,
                if applicable, or (2) which has issued a letter of credit contract, agreement or surety
                bond in support of debt obligations which have been so rated.
         (g)     Any other investments authorized or permitted from time to time by section 125.31,
                Florida Statutes, or any other law of the State of Florida controlling the investment
                of surplus public funds of a county.
   The county shall, in any resolution authorizing the issuance of its obligations providing for the
investment of the proceeds of the sale of such obligations, select all or any portion of the above
investment vehicles as permitted investments under such resolution, and, in its discretion, may
provide additional restrictions to such investments in the resolution.
   The provisions of this section shall not be deemed to amend any resolutions or ordinances
authorizing the issuance of any outstanding obligations of the county.
(Code 1979, § 2-482; Ord. No. 56-1988, § 9)

Sec. 2-483. No impairment.
    The county does hereby covenant with the owners from time to time of obligations issued
pursuant to this article that it will not enact any ordinance which will impair (a) the rights of such
owners under the resolutions which authorized such obligations, or (b) the pledge of the non-ad
valorem funds to the payment of principal of, redemption premium, if any, and interest on
obligations issued under the authority of this article.
(Code 1979, § 2-483; Ord. No. 56-1988, § 10)

Sec. 2-484. Powers vested in board; exercise; referendum.
    All power and authority granted to the county by the provisions of this article shall be
exercised by the board or its successors as the governing body of the county. The powers granted
hereunder may be exercised by resolution duly adopted by the board. No referendum in the county
shall be required for the exercise of any of the powers granted by this article unless such
referendum is required by the Constitution of Florida.
(Code 1979, § 2-484; Ord. No. 56-1988, § 11)

Sec. 2-485. Additional authority.
   This article shall be considered as supplemental and additional authority for the county to
implement the powers authorized by this article.
(Code 1979, § 2-485; Ord. No. 56-1988, § 12)

                          ARTICLE XIX. DRUG ABUSE TRUST FUND40


Sec. 2-496. Created.
     There is hereby created a county alcohol and drug abuse trust fund.


40
     Legal Analysis: 1979 Code ch. 2, art. XIX. Deleted. Per F.S. § 893.165, altered to be the
         alcohol and other drug abuse trust. Such fund exists only if the appropriate programs are in
         existence. It is assumed that the programs exist. Everything but the creation is deleted as
         covered by the statute.
                                                                                         Page 63 of 94

(Code 1979, § 2-496; Ord. No. 27-1989, § 1)

Sec. 2-497. Purpose.
   The purpose of the county drug abuse trust fund is to receive assessments collected for drug
abuse programs and disburse assistance grants on an annual basis to drug abuse treatment and/or
educational programs which meet the standards for qualification of such programs by the
department of health and rehabilitative services.
(Code 1979, § 2-497; Ord. No. 27-1989, § 2)

Sec. 2-498. Disposition of funds.
    Assessments collected for the county drug abuse trust fund shall be remitted to and deposited
in the county drug abuse trust fund.
(Code 1979, § 2-498; Ord. No. 27-1989, § 3)
Sec. 2-499. Administration.
    The board of county commissioners shall be responsible for the administration and supervision
of the drug abuse trust fund and shall also designate program recipients of said drug abuse trust
fund moneys.
(Code 1979, § 2-499; Ord. No. 27-1989, § 4)
                                                                    41
                                   ARTICLE XX. SALES SURTAX
Sec. 2-511. Levied.
   There is hereby levied in the unincorporated and incorporated areas of Monroe County,
Florida, a sales surtax of one (1) percent on those transactions taxable under section 212.054,
Florida Statutes.
(Code 1979, § 2-511; Ord. No. 13-1989, § 2)

Sec. 2-512. Distribution of funds.
  The funds collected pursuant to this article shall be distributed among the various
municipalities and the county according to the formula set forth in 218.62, Florida Statutes.
(Code 1979, § 2-512; Ord. No. 13-1989, § 3)

Sec. 2-513. Duration of surtax.
   The surtax authorized by this article shall be collected commencing on November 1, 1989, and
continuing through December 31, 2003.
(Code 1979, § 2-513; Ord. No. 13-1989, § 4; Ord. No. 1-2000, § 1)

Sec. 2-514. Expenditure of funds.
        (a)      The funds so collected, and interest accrued thereto, shall be expended within the
unincorporated areas of the county and the various municipalities for the following capital
infrastructure projects all of which have a life expectancy in excess of fifteen (15) years, such as:
recreational facilities, courthouses, parking, offices, roads, bridges, airport improvements,
libraries, piers, auditoriums, riprap/seawalls, storm sewers, solid waste facilities, jails and
police/fire facilities.
        (b)    Nothing contained in this section, however, shall be construed to prohibit the hiring
of out-of-county or out-of-city contractors or subcontractors or construed to prohibit the purchasing

41
     Legal Analysis: 1979 Code ch. 2, art. XX. Sales surtax. Deleted as obsolete. Per 1979 Code § 2-
         513, the tax expired on December 31, 2003.
                                                                                         Page 64 of 94

of any necessary material outside of the county or the various municipalities.
         (c)   In addition to the capital infrastructure projects described in subsection (a) the
funds so collected, and interest accrued thereto, may also be expended on any public purpose but
only if:
       (1)      The debt service obligation for the year is met; and
       (2)     The county's comprehensive plan has been determined to be in compliance with
               Part II of Chapter 163, Fla. Stat.
(Code 1979, § 2-514; Ord. No. 13-1989, § 5; Ord. No. 34-1998, § 1)

Sec. 2-515. Effect on existing fees, taxes.
    No funds collected pursuant to this article, or any interest accrued thereto, shall be used to
replace any user fees, including impact fees, or to reduce ad valorem taxes, any of which were in
existence on October 31, 1989.
(Code 1979, § 2-515; Ord. No. 13-1989, § 6)

Sec. 2-516. Bonds.
    The county and the various municipalities may pledge the funds raised pursuant to this article
for the purpose of servicing new bond indebtedness incurred pursuant to general law. All bond
proceeds, less administration fees and expenses, may only be utilized for the purposes set forth in
section 2-514 of this article. Bonds shall not be issued more frequently than once per year. The
county and any, or all, of the various municipalities may join together for the issuance of such
bonds.
(Code 1979, § 2-516; Ord. No. 13-1989, § 7)

  ARTICLE XXI. LOBBYING, PROCUREMENT ETHICS FOR FORMER OFFICERS OR
                              EMPLOYEES*


Sec. 2-527. Definitions.
   As used in this article:
       (a)      Advisory body means any county board, commission, committee, council or
               authority whose powers, jurisdiction and authority are solely advisory and do not
               include the final determination or adjudication of any personal or property rights,
               duties or obligations, other than those relating to its internal operations. A body
               with land planning, zoning, or natural resources responsibilities shall not be
               considered an advisory body.
       (b)      Business entity means any corporation, partnership, limited partnership,
               proprietorship, firm, enterprise, franchise, association, self-employed individual, or
               trust, whether fictitiously named or not, doing business in the State of Florida.
       (c)      An employee or county employee means any person employed by the county
               commission, whether by contract or not, except those persons described in subsection
               (d) of this section.
       (d)      Officer or county officer means those persons defined in F.S. § 112.3145(1)(a); Any
               other appointed member of a local government board who is required to file a
               statement of financial interest by the appointing authority or the enabling
               legislation, ordinance, or resolution creating the board, and any member of an
               advisory body appointed by and serving under the county commission.
       (e)      Person means a natural person.
                                                                                              Page 65 of 94

       (f)      Lobbying means any degree of advocating by brand name or corporate name any
               product or service, whether done through individual private or public personnel
               effort, with or without receiving, having received, or intending to receive funds from
               any source of such advocation.
       (g)      Agent means a person acting or doing business for another.
(Code 1979, § 2-527; Ord. No. 10-1990, § 1; Ord. No. 022-2004, § 4)

Sec. 2-528. Lobbying regulated.
    No former county officer or employee shall, within two (2) years following vacation of office or
termination of employment, lobby on behalf of any other person or business entity in any formal or
informal appearance before, or with the intent to influence, make any oral or written
communication on behalf of any other person or business entity, to:
       (a)      Any board, commission, authority, or advisory body of Monroe County; or
       (b)      Any department, division, special district or bureau of Monroe County, in
               connection with current or future procurement of goods and/or services.
    This section shall not apply in the case of collective bargaining or to officers or employees in the
employ of the county on the effective date of this article. This section shall also not apply to any
officer holding an elected office, or to an officer holding an appointment to any board, commission,
or authority, on the effective date of this article except that, if such officer is elected or appointed
for another term of office, which term commences after the effective date of this article, then this
section shall apply.
(Code 1979, § 2-528; Ord. No. 10-1990, § 2; Ord. No. 20-1990, § 1)

Sec. 2-529. Appearance relating to procurement of goods, services.
    Except as required by statute, ordinance, resolution, rule or custom for the proper discharge of
official duty, no county officer or employee shall, if elected or appointed after the effective date of
this article, make a formal or informal appearance before, or, with the intent to influence, make
any oral or written communication in connection with current or future procurement of goods
and/or services, to:
       (a)      Any board, commission, authority, or advisory body of Monroe County; or
       (b)      Any department, division, or bureau of Monroe County.
   This section shall not apply in the case of collective bargaining.
(Code 1979, § 2-529; Ord. No. 10-1990, § 3)

Sec. 2-530. Denial of procurement of goods, services for unauthorized use of former
county officer, employee.
   Any person or business entity that has had act on his or its behalf in connection with any
current or future procurement of goods and/or services:
       (a)     A former county officer or employee subject to the prohibition of section 2-528 of this
               article; or
       (b)      A county officer or employee in violation of section 2-529 of this article;
shall be ineligible for the award for such goods and services.
(Code 1979, § 2-530; Ord. No. 10-1990, § 4)
                                                                                              Page 66 of 94

Sec. 2-531. County's right to terminate procurement for goods, services.
   The county shall have the right to terminate, at its discretion and without any liability, any
procurement for goods and/or services awarded to any person or business entity who has had act
on his or its behalf:
        (a)    A former county officer or employee subject to the prohibition of section 2-528 of this
               article; or
        (b)     A county officer or employee in violation of section 2-529 of this article.
   The county may also, in its discretion, deduct from the goods and/or services price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the
former county officer or employee or county officer or employee. Each contract entered into by the
county shall contain the following language:
         "(Person or business entity) warrants that he/it has not employed, retained or otherwise
     had act on his/its behalf any former county officer or employee subject to the prohibition of
     section 2 of Ordinance No. 10-1990 or any county officer or employee in violation of section 3 of
     Ordinance No. 10-1990. For breach or violation of this provision the county may, in its
     discretion, terminate this contract without liability and may also, in its discretion, deduct from
     the contract or purchase price, or otherwise recover, the full amount of any fee, commission,
     percentage, gift, or consideration paid to the former county officer or employee or county officer
     or employee."
(Code 1979, § 2-531; Ord. No. 10-1990, § 5)

Sec. 2-532. Prosecution of former officer, employee--Lobbying.42
     Any former county officer or employee who violates section 2-528 of this article shall be
prosecuted in the same manner as misdemeanors are prosecuted and, upon conviction, shall be
punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county
jail not to exceed sixty (60) days, or by both such fine and imprisonment.
(Code 1979, § 2-532; Ord. No. 10-1990, § 6)

Sec. 2-533. Same--Procurement of goods, services.43
       (a)      Any county officer or employee who violates Monroe County Code Section 2-529
shall be prosecuted in the same manner as misdemeanors are prosecuted and, upon conviction,
shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the
county jail not to exceed sixty (60) days, or by both such fine and imprisonment.
      (b)   Any county officer appointed to a board, commission or authority who violates
Monroe County Code Section 2-529 may additionally be removed from office for cause.
       (c)     Any county officer enumerated in F.S. §§ 112.3145(1)(a), who is not subject to
career service under chapter 2, article III, Monroe County Code, and Laws of Fla. ch. 69-1321, and
who violates section 2-529 of this article may also be discharged for cause.
       (d)    Any county officer subject to career service or an employee who violates section 2-
529 of this article shall have violated the standard of employment set forth in the county's
personnel policies, and may additionally be subject to disciplinary action up to and including
discharge.


42
   Legal Analysis: 1979 Code § 2-532. Prosecution of former officer, employee--Lobbying. Deleted
       as covered by Code chapter 1.
43
   Legal Analysis: 1979 Code § 2-533. Same--Procurement of goods, services. Eliminated obsolete
       internal reference in subsection (c).
                                                                                            Page 67 of 94

         (e)    A conviction in county court shall not be a condition precedent to removal from
office, discharge or discipline.
(Code 1979, § 2-533; Ord. No. 10-1990, § 7; Ord. No. 022-2004, § 5)



    ARTICLE XXII. DEBARMENT OR SUSPENSION BY THE CHIEF PROCUREMENT
                                OFFICER
Sec. 2-541. Competitive bidding procedures.
      (a)      The purposes of this section, requiring certain county contracts will be let only after
competitive bidding, are to:
       (1)      Secure economy in the construction of county public works and in the expenditure of
               county funds for services, materials, supplies and equipment needed by the county;
       (2)      Protect the taxpayers from collusive contracts, favoritism, fraud, extravagance, and
               improvidence in the procurement of those things necessary for the operation of
               county government; and
       (3)      To promote actual, honest and effective competition to the end that each proposal or
               bid received and considered for the construction of county improvements or the
               supplying of services, materials and equipment for public use is in competition with
               all other bids upon the same basis so that county contracts are secured at the lowest
               cost to the taxpayers.
   Therefore, this section is to be liberally construed in order to effectuate the ends described
above.
      (b)      For the purposes of this section, person means individuals, firms, joint ventures,
partnerships, corporations, and other entities authorized to do business in the State of Florida.
      (c)      If a contract is awarded in violation of this section, the contractor is not entitled to,
and may not receive, any payment whether based on the contract price or based on quantum
meruit [merit] for work performed.
        (d)     This section and any contract awarded by the county pursuant to competitive
bidding, is subject to the terms and conditions of any state or federal grant that may fund a county
contract, or the terms of any applicable federal or state statute or administrative rule. If there is a
conflict between a requirement of this section and such grant, statute or rule, the grant, statute or
rule is controlling. ;
        (e)(1)This section applies to all county contracts for services (excluding services covered by
the Consultants' Competitive Negotiation Act (F.S. § 287.055), utility/local telephone services,
legal service, and insurance policies), goods, and public works, (excluding change orders authorized
under a lawfully executed county/contractor contract) that are, in accordance with generally
accepted accounting principles, expected to cost twenty-five thousand dollars ($25,000.00) or more.
A contract may not be split into multiple contracts for services, goods or public improvements for
the purpose of evading the requirements of this section.
       (2)      The county administrator may, in his discretion, require that contracts for services,
               goods or public works that are expected to cost less than twenty-five thousand
               dollars ($25,000.00) comply with the terms of this section.
       (3)      When the goods or services sought are expected to cost twenty-five thousand dollars
               ($25,000.00) or more and are available to the county through an existing contract
               between a vendor and the State of Florida, the United States, or another Florida
               county, municipality or special district, then compliance with the terms of this
                                                                                            Page 68 of 94

              section is not required. However, before any purchase is made through an existing
              contract, the purchasing director must first contact other South Florida vendors in
              order to determine if the goods or services sought are available at a lower price than
              the price(s) of the existing contract. If the goods or services are available from
              another vendor at a lower price than the existing contract, then the contract for the
              goods or services must be awarded to that vendor. The purchase of the goods or
              services sought may be made through the existing contract if none of the other
              vendors contacted by the purchasing director offered the goods or services at a price
              lower than the price of the existing contract.
       (4)     Persons who design county construction projects, or provide the specifications to the
              county for such projects or provide the specifications for any goods or services, are
              prohibited from bidding on the project construction work and are prohibited from
              bidding on the provision of the goods or services. This prohibition does not apply to
              design/build contracts and design/build/operate contracts, when authorized by
              general law and when the board of county commissioners has specifically elected to
              proceed under those provisions of general law. ;ml1; (f)\(1)\The solicitation of bids
              for contracts covered by this section must be made through published notice.
       (2)     The published notice requesting bids must set forth a brief summation of the
              service, goods or public work desired together with a description of where and from
              whom a potential bidder may obtain more detailed information. The published notice
              must mention any applicable statutory requirement on certain construction work
              such as, by way of example and not limitation, that the bidder must be a state
              certified or registered contractor. The notice must state that all bids submitted must
              be sealed and must be submitted to the office of the county OMB director. The notice
              must state the date, time and place where the bids will be opened.
       (3)     The solicitation of bids for services, goods, or public works that are projected to cost
              less than five hundred thousand dollars ($500,000.00) must be publicly advertised in
              a newspaper of general circulation in the county on a date which is no later than
              twenty-one (21) days (excluding the publication date) before the date established for
              the bid opening and which is no later than five (5) days before any pre-bid
              conference.
       (4)     The solicitation of bids for services, goods, or public works, that are projected to cost
              five hundred thousand dollars ($500,000.00) or more must be publicly advertised in
              a newspaper of general circulation in the county, on a date which is no later than
              thirty (30) days (excluding the publication date) before the date established for the
              bid opening and which is no later than five (5) days before any pre-bid conference.
        (g)    County departments must prepare the bid specifications in advance of the
publication date. The specifications must include, where applicable, plans, descriptions of the
service or description of the goods, the estimated quantities, the contract format, insurance and
bonding requirements, all as appropriate to the services, goods, or public improvements desired.
The specifications may not be drafted or structured in a way that only one person is capable of
submitting a bid that meets such specifications. The specifications must be sufficiently detailed,
definite and precise upon all the essential elements that are to be a part of the contract so that a
bid received will constitute a definite offer for the contract that may be accepted by the board of
county commissioners without further negotiation. When the bid specifications are in final form --
and before the publication date --the original specifications must be delivered to the custody of the
county OMB director by the department that prepared them. The director will retain custody until
after the bids are opened. The department may retain a copy or copies of the specifications for its
use but, if there is a conflict between the terms of the specifications in the director's custody and
                                                                                         Page 69 of 94

the department's, the specifications in the director's custody are controlling. Any amendments to
the specifications must be made through the OMB director who shall be responsible for notifying
prospective bidders of the amendment(s).
       (h)     In order to determine if persons submitting bids are responsible, all bids for
contracts to be awarded under this section must contain the following information:
      (1)     A list of the person's shareholders with five (5) percent or more of the stock or, if a
             general partnership, a list of the general partners; or, if a limited liability company,
             a list of its members;
      (2)     A list of the officers and directors of the person;
      (3)     The number of years the person has been operating and, if different, the number of
             years it has been providing the services, goods, or construction services called for in
             the bid specifications;
      (4)    The number of years the person has operated under its present name and any prior
             names;
      (5)     Answers to the following questions regarding claims and suits:
             a.     Has the person ever failed to complete work or provide the goods for which it
                    has contracted? (If yes, provide details.)
             b.     Are there any judgments, claims, arbitration proceeding or suits pending or
                    outstanding against the person, or its officers or general partners? (If yes,
                    provide details.)
             c.     Has the person, within the last five (5) years, been a party to any lawsuit or
                    arbitration with regard to a contract for services, goods or construction
                    services similar to those requested in the specifications? (If yes, provide
                    details.)
             d.     Has the person ever initiated litigation against the county or been sued by
                    the county in connection with a contract to provide services, goods or
                    construction services? (If yes, provide details.)
             e.     Whether, within the last five (5) years, an officer, general partner, controlling
                    shareholder or major creditor of the person was an officer, general partner,
                    controlling shareholder or major creditor of any other entity that failed to
                    perform services or furnish goods similar to those sought in the request for
                    bids;
             f.     Customer references;
             g.     Credit references; and
             h.     Any information requested by the county department involved in soliciting
                    the bids related to the financial qualifications, technical competence, the
                    ability to satisfactorily perform within the contract time constraints, or other
                    information the department deems necessary to enable the department and
                    board of county commissioners to determine if the person bidding is
                    responsible.
    The department requesting the submission of bids and the OMB director must make sure that
all bid solicitations request the information required by this subsection 2-541(h), Monroe County
Code. The department requesting the bids, or the OMB director, must evaluate the information
received, and then prepare a recommendation to the board of county commissioners for each of
three (3) lowest bidders as to whether each bidder is responsible in the view of the information
received. In evaluating the information received, the department and OMB director are directed to
                                                                                           Page 70 of 94

give greater weight in preparing their recommendation to the bidder's responses to subsections 2-
541(h)(5)a.--h., MCC. The county attorney is directed to investigate any prior business entities or
associates of the person submitting the bid in order to determine if the inquiries enumerated in
subsection 2-541(h)(5)a.--h., MCC, should be applied to any of the business entities or associates
involved in the person's prior business associations. If the department, OMB director, or county
attorney have a reasonable belief that any information furnished by a bidder is false, misleading or
omits relevant facts, the OMB director and department are directed to investigate any lawfully
available information resource in order to be able to adequately advise the board as to whether a
bidder is responsible. If after the bids are received, it is discovered that a bidder misrepresented or
omitted information required by this subsection 2-541(h), Monroe County Code, then his bid will
be automatically disqualified. If the misrepresentation or omission is discovered after the contract
is awarded, the board of county commissioners may, in its discretion, terminate the contract with
no liability to the county other than to pay the contract price or unit price for work that is
satisfactorily completed and useful to the county. A notice stating the foregoing must appear in all
solicitations for bids and a provision similar to the immediately preceding sentence must be added
to all contracts covered by this chapter 2, art. XXII, Monroe County Code.
    (i)(1) Each bid for construction projects estimated to exceed one hundred fifty thousand dollars
($150,000.00) must be accompanied by a bid security in an amount equal to five (5) percent of the
bid price either in the form of a certified check made payable to the county or in a bond from a
surety company authorized to do business in Florida. A project may not be divided into sub-parts
to avoid the requirement for the bid security. The bid securities will remain in the custody of the
OMB director until forfeited or released as provided elsewhere in this subsection. If, after the
board accepts the bid the bidder refuses to execute the contract or commence the work or provide
the goods called for, then the bid security will be forfeited to, and become the property of, the
county as liquidated damages for the county's loss of bargain. If the successful bidder executes the
contract and commences performance, then the bid security will be returned. The bid securities of
unsuccessful bidders and bid securities in the county's possession for more than ninety (90) days
from the date of bid opening must also be returned.
       (2)     All bids must be sealed and submitted to the office of the county OMB director
              before the time described in the published notice for the bid opening. Any bid
              submitted after that time may not be considered.
       (3)     All bids are irrevocable for ninety (90) days from the bid opening date. However, if a
              bidder discovers an error in his bid, he may withdraw the bid and obtain a refund of
              the bid security if the bid has not yet been accepted by the board of county
              commissioners. However, the security may be returned only if the bidder can show,
              to the satisfaction of the county OMB director, the following equitable factors:
              a.      The bidder acted in good faith in submitting the bid;
              b.      In preparing the bid there was an error of such magnitude that enforcement
                      of the bid would work a severe hardship upon the bidder; and
              c.      The error was not a result of gross negligence of willful inattention.
       (4)     All bids must be opened at the time and place described in the published notice. In
              order for a bid to be accepted by the board of county commissioners and a contract
              awarded, the bid must be the lowest in price, must conform to the specifications, and
              have been submitted by a responsible bidder. For the purposes of this section, the
              following terms have the following meanings:
              a.      "Lowest in price" means the lowest total economic cost to the county
                      including, but not limited to, the contract price and demands upon county
                      equipment and county staff time.
                                                                                         Page 71 of 94

              b.     "Conform to the specifications" means that there is no substantial variation
                     between the bid submitted and the county specifications. Slight or immaterial
                     variations from the specifications do not create a nonconforming bid.
                     However, any variation that destroys the competitive character of the bidding
                     process, causes or confers a material change more favorable to one bidder
                     than the others, or furnishes one bidder an advantage or benefit not enjoyed
                     by the other bidders is a substantial variation and results in a nonconforming
                     bid.
              c.     "Responsible bidder" means a bidder who:
                     1.      Is responsible in terms of financial resources; and
                     2.     Possesses the skills needed to provide high quality services, goods, or
                            public works; and
                     3.     Has demonstrated a history of honesty and integrity in his business
                            dealings and in performing his obligations under prior contracts.
     The board of county commissioners' determination, based on the criteria set forth in subsection
(i)(4), as to whether a bid is the lowest in price, whether a bid variation from the county's
specification is slight and immaterial or substantial and material, and whether a bidder is
responsible, is discretionary with the board and is final.
    (j)(1) Once the board of county commissioners has determined which bid is the lowest
conforming bid by a responsible bidder, the board may vote to accept that bid and authorize the
mayor to execute a written contract on behalf of the county. If the initially successful bidder
refuses to execute the contract or, if after the execution, refuses to commence performance, then
the board may vote to accept the bid of the next lowest conforming responsible bidder and so on.
However, the board of county commissioners at all times reserves the right to waive variations
from the specifications that do not render a bid nonconforming, to reject all bids, readvertise for
bids, or to abandon any project, purchase of goods, or request for bids.
       (2)     A contract is not entered into until the board of county commissioners votes to
              accept a bid and directs the mayor to execute a contract on behalf of the county.
              Regardless of any representations made by any county officer, employee or county
              contractor or consultant, and regardless of any funds expended or work performed
              by the bidder or a prospective contractor, the county is not liable or obligated to pay
              the bidder/prospective contractor any money until the bid has been accepted by the
              board of county commissioners. ;ml1; (k)\(1)\The board of county commissioners
              may dispense with the bidding provisions of this section and contract directly for
              services, goods or public works in the case of an emergency. For the purposes of this
              section, an emergency means:
              a.     An immediate danger to the public health or safety; or
              b.     A danger of loss of public or private property that requires immediate
                     government action; or
              c.     An interruption in the delivery of an essential governmental service; or
              d.     A substantial risk that a funding source of a contract will be diminished or
                     lost because the time required to competitively award bids after the funds
                     become available exceeds the time within which the funding source must be
                     spent.
       (2)     The mayor, or in his or her absence, the mayor pro tem, may waive the provisions of
              this section in an emergency following a natural or manmade disaster. Such a
              waiver continues until the first meeting of the board of county commissioners
                                                                                           Page 72 of 94

              following the disaster. At that meeting the board may elect to extend the waiver if
              the emergency so requires.
       (3)     Nothing in this section may be construed to prohibit the mayor, mayor pro tem or
              other county officer from directly contracting for goods and services on behalf of the
              county during an emergency following a natural or manmade disaster when
              permitted by statute or the terms of a state or local emergency declaration.
       (l)     Reserved.


       (m)(1) The procedures provided for in this subsection (m) are cumulative to those set forth
in subsections (a)--(k) of this section and the county purchasing policies. They do not supersede the
authority or ability of the county to determine the qualifications and bid responsiveness of any
prospective contractor on a bid-by-bid or contract-by-contract basis.
       (2)     The eligibility of persons to bid for the award of county contracts may be suspended
              on account of any of the following acts or omissions by the person, an executive
              officer of the person, or a principal or director of the person:
              a.     Conviction for commission of a criminal offense as an incident to obtaining or
                     attempting to obtain a public or private contract or subcontract, or in the
                     performance of such contract or subcontract.
              b.     Conviction, under any state or federal statute, of embezzlement, theft,
                     forgery, bribery, falsification or destruction of records, receiving stolen
                     property, or any other offense indicating a lack of business integrity or
                     business honesty which currently, seriously, and directly affects the person's
                     responsibility as a county contractor.
              c.     Conviction under any state or federal antitrust statute arising out of the
                     submission of a bid or proposal.
              d.     Violation of contract, as set forth below, of a character which is regarded by
                     the administrative officer to be so serious to justify suspension:
                     1.       Failure without good cause to perform in accordance with the
                             specifications or within the time limit provided in the contract.
                     2.       A record of failure to perform or of unsatisfactory performance in
                             accordance with the terms of one or more contacts; provided that
                             failure to perform or unsatisfactory performance caused by acts
                             beyond the control of the contractor is not a basis for suspension.
              e.     A history of producing work that is shoddy or otherwise contains substandard
                     workmanship.
              f.     Failure to supply or furnish the county warranties required by a contract.
              g.     Any other cause determined to be so serious and compelling as to affect
                     responsibility as a county contractor, including a suspension by another
                     governmental entity for any cause similar to those listed in (2)(a)--(f) or a
                     history of defaulting on payments to suppliers or subcontractors.
       (3)     The county OMB director or, in the case of building contractors, the county engineer
              (collectively the administrative officer), may suspend a person's eligibility to be
              awarded a county contract after determining that one or more of the acts or
              omissions listed in (2)(a)-(g) occurred.
       (4)     If the administrative officer decides to suspend a person's eligibility for the award of
                                                                                  Page 73 of 94

      county contracts, the officer must reduce his decision to writing, state in detail the
      reason for the suspension, and furnish a copy of his or her decision to the person
      affected, either by hand delivery, special delivery return receipt requested, or by a
      private delivery service. The suspension is effective when received by the person
      affected and will remain in effect until vacated or modified by the vendor committee
      or a court of competent jurisdiction. However, the filing of a request for hearing de
      novo under subparagraph (5) will stay the suspension until the vendor committee
      affirms or modifies the administrative officer's decision.
(5)    The person suspended by the administrative officer may request a hearing de novo
      by filing a request for a hearing with the county administrator's office within ten
      (10) days after his or her receipt of the administrative officer's suspension. The
      county administrator must schedule a hearing before the vendor committee within
      twenty-one (21) days of the county administrator's receipt of the request. The vendor
      committee consists of: the county administrator, a county commissioner appointed
      by the board of county commissioners; the county attorney; a division director
      selected by the county administrator whose division has infrequent or no business
      dealings with [the] suspended person; and, if the person was suspended by the OMB
      director, the county engineer, if the person was suspended by the county engineer,
      the OMB director. All vendor committee hearings are public hearings (meetings)
      under F.S. § 286.011. Published notice of a vendor committee hearing must be five
      (5) days or more in advance of such hearing, excluding the date of publication and
      the date of the hearing. The hearing must be informally conducted. At the hearing,
      the suspended person and the administrative officer may offer such evidence as each
      deems necessary to support each party's respective position, although the vendor
      committee may exclude immaterial, irrelevant or repetitious evidence. All other
      evidence of a type commonly relied on by reasonably prudent persons in the conduct
      of their affairs may be entertained. The vendor committee must, in writing, affirm,
      vacate, or modify the administrative officer's suspension within ten (10) days after
      the conclusion of the hearing. The vendor committee's decision is the final
      administrative action of the county.
(6)    Suspensions ordered under this section must be for a minimum of six (6) months,
      but may not exceed three (3) years. The length of the suspension should be
      determined based on the number of acts or omissions detailed in subsections (2)(a)--
      (g) that were found to be committed by the person suspended as well as the severity
      of those acts or omissions.
(7)    When the person suspended is a business entity other than an individual, a
      suspension will apply to a successor entity in the same or similar business. For the
      purposes of this subsection, successor entity means any business entity that:
      a.     Purchases the stock of a suspended corporation or entity;
      b.     Has stock that was exchanged for the debt of the suspended entity;
      c.     Has substantially the same principals, members, shareholders, officers or
             directors as the suspended entity;
      d.     Has substantially the same individuals who were the principals, members,
             shareholders, officers or directors of the suspended entity as creditors.
(8)    When the suspended person is a business entity or partnership that, in order to
      lawfully conduct business, must be qualified by a state certified or registered
      contractor, or by an individual holding a professional license issued by the state
      department of business regulation, and the qualifier is also a shareholder, officer,
                                                                                                  Page 74 of 94

                director, partner or creditor of the suspended entity or partnership, then any
                suspension extends to a subsequent entity or partnership with the same individual
                as the qualifier, if that individual is a principal, member, shareholder, officer,
                director, partner, or creditor of the subsequent entity or partnership.
         (9)     When any corporation, partnership, or sole proprietorship is suspended due to
                operations or activities of an officer, director, partner or employee who qualifies the
                business through the issuance of a state or county certificate of competency for
                contractors, or the issuance of a professional license by the state department of
                business professional regulation, the suspension will extend to any other business of
                which the same individual is the sole qualifier.
         (10)    A person suspended under this section may not be a sub-subcontractor or
                subcontractor on any county project. The county OMB director must maintain a list
                of suspended persons and make that list available to all prospective bidders in order
                to assure that a suspended person is not employed as a subcontractor or sub-
                subcontractor on a county project. A bid is automatically nonconforming if it lists a
                suspended person as a subcontractor or sub-subcontractor. After the contract is
                awarded, the employment of a suspended person is a material breach of the
                county/contractor contract and entities the county, in its discretion, to terminate the
                contract with no further liability to the contractor beyond payment of the portion of
                the contract price which may be due for work satisfactorily completed up to the date
                of termination. A sentence similar to the preceding must appear in all county
                contracts where the use of subcontractors or sub-subcontractors is contemplated,
                expected or authorized.
       (n)   The county administrator is authorized to prescribe administrative instructions to
implement this section but no such instruction may contradict a substantive or procedural
provision.
(Code 1979, § 2-541; Ord. No. 32-1998, §§ 1--14; Ord. No. 19-1999, §§ 1--3; Ord. No. 31-2000, §§ 1, 2; Ord. No.
012-2004, § 1)
                                                                                         44
                   ARTICLE XXIII. TELECOMMUNICATIONS AUTHORITY


Sec. 2-551. Purpose.
    The Monroe County Telecommunications Authority (MCTA) is established as an independent
agency of Monroe County to establish and implement policies and procedures, consistent with the
provisions of the Cable Television Consumer Protection and Competition Act of 1992 and the Rules
and Regulations of the Federal Communications Commission to regulate the rates of cable
television systems operating within Monroe County and the municipalities therein and to ensure
maximum efficient and economical programming and services to the consumers of cable television
services within Monroe County.
(Code 1979, § 2-551; Ord. No. 39-1993, § 1)

Sec. 2-552. Authority.
    The MCTA shall have the authority and responsibility to review all requests by cable television
systems operating within Monroe County for increases, or other changes, in the rates and fees to
be charged to consumers of cable television services within Monroe County to ensure that such
proposed increases or other changes are reasonable and fair and consistent with applicable federal,
state and local laws, rules, regulations, policies and ordinances. The MCTA also shall have the

44
     Legal Analysis: 1979 Code ch. 2, art. XXIII. Telecommunications authority. If obsolete, delete.
                                                                                          Page 75 of 94

authority and responsibility to receive, review, hear and resolve all public complaints with respect
to such existing rates and fees of cable television systems operating within Monroe County and to
proposals for increases, or other changes, in such cable television rates and fees. The MCTA also
shall have the authority and responsibility to conduct reviews and evaluations of the consumer
services and protections provided by cable television systems operating within Monroe County to
consumers of cable television services in Monroe County; to receive, review, hear and resolve
public complaints with respect to such cable television consumer services and protections; and to
report and make recommendations with regard to such consumer cable television services and
protections to the cable television franchising authorities within Monroe County.
(Code 1979, § 2-552; Ord. No. 39-1993, § 2)

Sec. 2-553. Membership.
   The MCTA shall consist of three (3) members, Monroe County, the City of Key West, and the
City of Key Colony Beach, each a cable television franchising authority within Monroe County.
Each shall appoint one (1) member of the MCTA; however, in the event other franchising
authorities are created within Monroe County, such additional franchising authorities shall have
the right to appoint a member of the MCTA, and the membership shall increase accordingly. The
chairperson of the MCTA shall be elected from and by the appointed members of the MCTA and
shall serve for a term of two (2) years, but no member of the MCTA shall serve as chairperson for
more than two (2) consecutive terms.
(Code 1979, § 2-553; Ord. No. 39-1993, § 3)

Sec. 2-554. Requests for increases or other changes in subscriber rates and fees by cable
television systems.
        (a)      All requests by cable television systems operating within Monroe County for
increases or other changes in rates and fees to be charged to consumers of cable television service
in Monroe County shall be submitted to the MCTA; however, should such requests be submitted to
an individual cable television franchising authority within Monroe County, such authority shall
submit such request to the MCTA immediately but in no event more than five (5) calendar days of
its receipt of such request.
       (b)     Within ten (10) days of its receipt of a request from a cable television system
operating in Monroe County for an increase in rates or other fees to be charged to consumers of
cable television service within Monroe County, the MCTA shall publish once per week for two (2)
weeks in newspapers of general circulation in Monroe County notice of the submission of the
requested increase or other changes in the rates and fees charged to consumers of cable television
service in Monroe County. The public notice shall give the date of the submission of such request, a
summary of the substance of such request and a date certain and place for the filing of written
comments and reply comments upon such request and the procedures for the filing of such
comments and reply comments, which shall include, but not necessarily be limited to requiring
that all comments submitted to the MCTA be typewritten or printed in legible handwriting, that
four (4) copies of such comments and reply comments be submitted to the MCTA, and that all
comments and reply comments filed by interested parties and the general public be served upon
the requesting cable television system.
       (c)     Within thirty (30) days of the date for the filing of reply comments as provided for in
subsection (b) of this section, the MCTA shall issue its determination with respect to the requested
increase or other changes in the rates and fees to be charged consumers of cable television service
in Monroe County. The determination shall be in writing and shall set forth in detail the reasons
and bases for the determination. Copies of the MCTA's determination shall be served upon the
requesting cable television system and all interested parties and the members of the general
public who filed comments on or before the date certain specified in the MCTA's public notice.
                                                                                          Page 76 of 94

(Code 1979, § 2-554; Ord. No. 39-1993, § 4)

Sec. 2-555. Public complaints.
       (a)     Any cable television consumer, government entity or organization, civic
organization or individual member of the general public may file a complaint with the MCTA with
respect to the subscriber rates, fees and/or services of cable television systems operating within
Monroe County.
       (b)       Public complaints shall be filed with the MCTA within thirty (30) days of the events
that are the subjects of such complaints. Public complaints not filed within such thirty-day time
period will not be accepted or considered by the MCTA unless good and sufficient cause is shown
for such late filing.
       (c)     Public complaints may be dismissed in the event complainants have failed to
complete and provide all information required by the MCTA's complaint form, have failed or
refused to cooperate or to participate in any MCTA hearing or other fact-finding proceeding, or the
complainants have voluntarily withdrawn their complaints.
        (d)     Complaints shall be filed on forms prepared by and available from the MCTA and
shall contain the name, address, and telephone number of the complainant, or the party on whose
behalf the complaint is filed, and shall set forth with specificity the facts and circumstances giving
rise to the complaint. The complaint shall be typewritten or hand-printed in a clear and legible
manner with an original and four (4) copies being filed with the MCTA. A complaint may be
dismissed if the complainant has failed or refused to cooperate or failed to appear at or participate
in any duly noticed fact-finding conference or other hearing. The hearing officer may also
administratively dismiss the complaint if the complaint is not complete, the complaint is not
timely filed, or the complainant has voluntarily withdrawn the complaint.
        (e)     Within ten (10) days of receipt of a complaint, the MCTA shall give notice of the
filing of such complaint to all parties who are the subject of such complaint or are affected by or
directly interested in such complaint. All such parties shall be provided ten (10) days from the date
of the MCTA's notice within which to file responsive statements to comments upon such complaint.
Responsive statements and comments shall be served upon the complainant. Thereafter, the
complainant shall have five (5) days to reply to such responsive statements and comments.
        (f)     Within twenty (20) days of its receipt of the complainant's reply, the MCTA shall
issue its determination with respect to the disposition of the complaint setting forth with
specificity the reasons and basis for such disposition. A copy of the MCTA's determination shall be
served upon all parties of the complaint and its disposition.
(Code 1979, § 2-555; Ord. No. 39-1993, § 5)

Sec. 2-556. Reconsideration and hearing.
       (a)     Any party adversely affected by any determination of the MCTA may seek
reconsideration of such determination by the MCTA or request that a public hearing be conducted
with respect to such determination.
        (b)     Requests for reconsideration of an MCTA determination or for a public hearing with
regard thereto shall be filed with the MCTA within thirty (30) days of the issuance of such
determination. The request for reconsideration or the conduct of a public hearing shall set forth
with specificity the reasons and bases for such requests. All such requests shall be typewritten or
hand-printed in a clear and legible manner. An original and four (4) copies of such requests shall
be filed with the MCTA, and copies shall be served on all parties to the proceeding of the MCTA
that gave rise to the determination of such reconsideration or a public hearing is sought.
       (c)    Any interested party upon whom requests for reconsideration or hearing are served
shall have ten (10) days from the date upon which service is made in which to file replies or
                                                                                           Page 77 of 94

responses to such requests.
        (d)    Within thirty (30) days of its receipt of a request for reconsideration or the conduct
of a public hearing, the MCTA shall issue its determination disposing of such requests setting
forth with specificity the reasons and bases for its determination. Copies of the MCTA's
determination shall be served on all parties to the determination. Parties so served may file
written replies or exceptions to the determination within fifteen (15) days after service thereof.
The MCTA shall act upon and dispose of such replies or exceptions within twenty (20) days of their
filing.
(Code 1979, § 2-556; Ord. No. 39-1993, § 6)

Sec. 2-557. Hearing procedures.
        (a)    Within thirty (30) days of issuance of a determination to conduct a public hearing,
the MCTA shall serve notice of the hearing on the party requesting such hearing and shall publish
the notice in a newspaper of general circulation in Monroe County. The notice shall set forth the
date, time and place of the hearing and the issues to be considered by the MCTA at such hearing.
      (b)     The MCTA, sitting as a panel, may conduct the hearing or at its discretion may
designate a member of the MCTA as the hearing officer; however, the MCTA in its discretion may
designate a nonmember of the MCTA to preside as a hearing officer.
       (c)     Any party or the hearing officer(s) may call and examine and cross-examine
witnesses and introduce documentary and other evidence into the record. Any party offering an
exhibit into evidence at a hearing must simultaneously furnish copies of such exhibit to all other
parties unless such copies have been previously furnished.
       (d)     All testimony at a hearing shall be preserved by tape recording, shorthand, court
reporter's notes, or other device. If a court reporter is desired by any party, that party must retain
its own court reporter.
        (e)    Parties shall file proposed findings of fact and conclusions of law and, if desired,
proposed orders, with the hearing officer and, at the discretion of the hearing officer, reply findings
of fact and conclusions of law also may be filed by the parties. Copies of all proposed findings of
fact and conclusions of law, and, if any, proposed orders, shall be served upon each party to the
hearing.
       (f)    Time being of the essence in the conduct of the hearing, any motion by a party for a
continuance or delay in the commencement or conduct of the hearing shall be granted only upon a
showing of good cause. Copies of such motion shall be served upon all parties to the proceeding,
who shall have five (5) days from receipt of such motion to file oppositions to or comments thereon.
       (g)     Any party to a scheduled hearing may file with the hearing officer a written
application for issuance of a subpoena, stating the name and address of the person whose
attendance is requested and describing the relevance of the testimony of such person to the
conduct of the hearing as well as any documents which that person may be requested to provide.
Any party requesting a subpoena shall be responsible for its service, which must be made in
person or by certified mail, return receipt requested.
        (h)    Not less than thirty (30) days nor more than sixty (60) days after the closing of the
record and conclusion of the hearing, the hearing officer shall submit a recommendation to the
MCTA. The MCTA shall issue its determination and order to the parties within twenty-one (21)
days from the date of such submission. In the event the MCTA presides as the hearing panel in
any hearing proceeding, the MCTA shall issue its determination and order to the parties within
sixty (60) days after the closing of the record and conclusion of such hearing.
(Code 1979, § 2-557; Ord. No. 39-1993, § 7)
                                                                                          Page 78 of 94

Sec. 2-558. Appeals.45
    Final determinations of the MCTA with respect to the rates and fees to be charged and services
to be provided to consumers of cable television service in Monroe County shall, where federal law
provides and is applicable, be appealable to the Federal Communications Commission; however, in
the absence of such applicable federal law, review of the MCTA shall be only by petition for writ of
certiorari to the Circuit Court of the State of Florida.
(Code 1979, § 2-558; Ord. No. 39-1993, § 8)

Sec. 2-559. Evaluation, compliance and enforcement.
       (a)    At the request of any franchising authority within Monroe County, the MCTA shall,
pursuant to the terms and conditions of the cable television franchise agreement of the requesting
franchising authority, conduct an evaluation of the performance of the cable television system
operating pursuant to such franchise agreement and the compliance of the cable television system
with the terms, conditions and requirements of such cable television system.
       (b)      Upon its completion of the evaluation of the performance and review of compliance
of cable television systems in Monroe County, as described and provided for in subsection (a) of
this section, the MCTA shall submit to the franchising authority requesting such evaluation and
review a written report of the results of its performance evaluation or compliance review and
recommendations with respect to the performance and compliance of the cable television system
pursuant to the terms and conditions of its franchise agreement.
       (c)     The MCTA shall have no authority to impose fines, forfeitures or other punitive
measures with respect to the operation of any cable television system operating within Monroe
County. The MCTA may, however, in conjunction with its evaluation of the performance and
review of compliance of a cable television system, as described and provided for in subsection (a) of
this section, make recommendations to the franchising authority requesting such evaluation or
review for the imposition of fines, forfeitures and other punitive measures, as provided for in the
franchising authority's cable television franchise agreement, to ensure the best possible service to
the consumers of cable television service and maximum compliance with the terms, conditions,
provisions and requirements of the cable television franchise agreement.
(Code 1979, § 2-559; Ord. No. 39-1993, § 9)

Sec. 2-560. Reimbursement of expenses.
   Nonemployee members of the MCTA shall be entitled to reimbursement of mileage costs and
per diem expenses for travel to meetings and hearings of the MCTA.
(Code 1979, § 2-560; Ord. No. 39-1993, § 10)

ARTICLE XXIV. TOURIST IMPACT TAX IN CERTAIN AREAS OF CRITICAL CONCERN


Sec. 2-571. Tourist impact tax in areas of critical of concern--Monroe County.46
        (a)    Pursuant to the provisions of F.S. § 125.0108, there is hereby levied and imposed a
tourist impact tax within the area of Monroe County designated areas of critical state concern by
F.S. § 380.055 and F.S. § 380.0552, F.A.C. ch. 28-36, and F.A.C. ch. 28-25, upon the privileges and
in the amount described in subsections (b) and (c) of this section.


45
   Legal Analysis: 1979 Code § 2-558. Appeals. Deleted as beyond the power of the county to
       provide.
46
   Legal Analysis: Code 1991, § 2-298. Collection. Altered subsection (f) to reflect that ordinance
       violations are not misdemeanors.
                                                                                         Page 79 of 94

       (b)     Every person who rents, leases, or lets for consideration any living quarters or
accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel,
rooming house, mobile home park, recreational vehicle park, or condominium for a term of six (6)
months or less, unless such establishment is exempt from the tax imposed by F.S. § 212.03 is
exercising a taxable privilege on the proceeds therefrom under this section.
       (c)    The tourist impact tax shall be levied at the rate of one (1) percent of each dollar
and major fraction thereof of the total consideration charged for such taxable privilege. When
receipt of consideration is by way of property other than money, the tax shall be levied and
imposed on the fair market value of such nonmonetary consideration.
       (d)    The tourist impact tax shall be in addition to any other tax imposed pursuant to
F.S. ch. 212,, and in addition to all other taxes and fees and the consideration for the taxable
privilege.
       (e)     The tourist impact tax shall be charged by the person receiving the consideration
for the taxable privilege, and it shall be collected from the lessee, tenant, or customer at the time
of payment of the consideration for such taxable privilege.
       (f)     (1) Pursuant to the provisions of F.S. § 125.0104(10), , Monroe County shall collect
              and administer the tourist impact tax locally. Initial collection of the tax shall
              continue to be made in the same manner as the tax imposed under F.S. ch. 212.. The
              Monroe County Tax Collector shall be responsible for the collection and
              administration of the tax. A person receiving the consideration for rental or lease
              payments shall receive, account for, and remit the tax thereon to the Monroe County
              Tax Collector at the time and in the manner provided for persons who collect and
              remit taxes under F.S. § 212.03. The same duties and privileges imposed by F.S. ch.
              212 upon dealers in tangible property respecting the remission and collection of tax,
              the making of returns, the keeping of books, records and accounts, and payment of a
              dealer's credit, and compliance with the rules of the Monroe County Tax Collector in
              the administration of said chapter shall apply to and binding upon all persons who
              are subject to the provisions of this article; provided, however, the Monroe County
              Tax Collector may authorize a quarterly return and payment when the tax remitted
              by the person receiving the consideration for such rental or lease for the preceding
              quarter did not exceed twenty-five dollars ($25.00).
       (2)     Pursuant to F.S. § 125.0104\ the Monroe County Tax Collector shall keep records
              showing the amount of taxes collected. These records shall be open to the public
              during the office hours of the Monroe County Tax Collector, subject to the provisions
              of F.S. § 213.053.
       (3)     Collections received by the Monroe County Tax Collector from the tax, less costs of
              administration of this section, shall be paid and returned, on a monthly basis to the
              county clerk of the governing board of Monroe County, Florida, for use by the county
              in accordance with the provision of this section.
       (4)     The Monroe County Tax Collector is authorized to employ persons and incur other
              expenses to administer this section.
       (5)    The Monroe County Tax Collector may promulgate such rules and may prescribe
              and publish such forms as may be necessary to effectuate the purpose of this section.
       (6)     The Monroe County Clerk of the Court shall perform the enforcement and audit
              functions associated with the collection and remission of this tax, including, without
              limitation, the following:
              a.     For the purposes of enforcing the collection of the tax levied by this section,
                                                                          Page 80 of 94

     the clerk is hereby specifically authorized and empowered to examine at all
     reasonable hours the books, records and other documents of all dealers, or
     other persons charged with the duty to report or pay a tax under this section,
     in order to determine whether they are collecting the tax or otherwise
     complying with this section. In the event such dealer refuses to permit such
     examination of its books, records, or other documents by the clerk as
     aforesaid, it is guilty of a misdemeanor of the first degree, punishable as
     provided in F.S. § 775.082, F.S. § 775.083 or F.S. § 775.083. an offense. The
     clerk shall have the right to proceed in circuit court to seek a mandatory
     injunction or other appropriate remedy to enforce its right against the
     offender, as granted by this section, to require an examination of the books
     and records of such dealer.
b.   Each dealer, as defined in this section, shall secure, maintain and keep for a
     period of three (3) years, a complete record of rooms or other lodging, leased
     or rented by said dealer, together with gross receipts from such sales, and
     other pertinent records and papers as may be required by the Monroe County
     Tax Collector for the reasonable administration of this section and all such
     records which are located or maintained in this state shall be open for
     inspection by the clerk at all reasonable hours at such dealer's place of
     business located in the county. Any dealer who maintains such books and
     records at a point outside Monroe County must make such books and records
     available for inspection by the clerk in Monroe County, Florida. Any dealer
     subject to the provisions of this section who violates these provisions is guilty
     of a misdemeanor of the first degree, punishable as provided in section
     775.082, section 775.083 or section 775.0835, Florida Statutes an offense.
c.   1. ;The clerk shall send written notification, at least sixty (60) days prior to
     the date an auditor is scheduled to begin an audit. The clerk is not required
     to give sixty (60) days prior notification of a forthcoming audit in any
     instance in which the taxpayer requests an emergency audit.
     2.      Such written notification shall contain:
            i.     The approximate date on which the auditor is scheduled to
                   begin the audit.
            ii.    A reminder that all records, receipts, invoices, and related
                   documentation of the taxpayer must be made available to the
                   auditor.
            iii.   Any other request or suggestions the clerk may deem
                   necessary.
     3.     Only records, receipts, invoices and related documentation that are
            available to the auditor when such audit begins shall be deemed
            acceptable for the purposes of conducting such audit.
d.   All taxes collected under this section shall be remitted to the Monroe County
     Tax Collector. In addition to criminal sanctions, the clerk is empowered, and
     it shall be its duty, when any tax becomes delinquent or is otherwise in
     jeopardy under this section, to issue a warrant for the full amount of the tax
     due, or estimated to be due, with the interest, penalties and cost of collection,
     directed to all and singular sheriffs of the state, and shall record the warrant
     in the public records of the county; and thereupon the amount of the warrant
     shall become a lien of any real property or personal property of the taxpayer
                                                                                           Page 81 of 94

                      in the same manner as a recorded judgment.
          The clerk may issue a tax execution to enforce the collection of taxes imposed by this
       ordinance and deliver it to the sheriff. The sheriff shall thereupon proceed in the same
       manner as prescribed by law for executions and shall be entitled to the same fees for his
       services in executing the warrant to be collected. The clerk may also have a writ of
       garnishment to subject any indebtedness due to the delinquent dealer by a third person in
       any goods, money, chattels, or effects of the delinquent dealer in the hands, possession, or
       control of the third person in the manner provided by law for the payment of the tax due.
       Upon payment of the execution, warrant, judgment, or garnishment, the clerk shall satisfy
       the lien of record within thirty (30) days.
       (7)     Tax revenues may be used only in accordance with the provisions of F.S. § 125.010.
       (8)     An amount not to exceed three (3) percent of said tax collected herein shall be
              retained for the costs of administration. The amount deducted for costs of
              administration shall be used only for those costs that are solely and directly
              attributable to auditing, assessing and enforcing payment of delinquent taxes
              authorized by this section. The remainder of the tax collected shall be remitted to
              Monroe County on monthly basis.
              a.      The county assumes responsibility for auditing the records and accounts of
                      dealers and assessing, collecting and enforcing payment of delinquent tourist
                      impact taxes. The county adopts any and all powers and authority granted to
                      the State of Florida in F.S. § 125.0104(10) and F.S. ch. 212 and as further
                      incorporated therein to determine the amount of the tax, penalties, and
                      interest to be paid by each dealer and to enforce payment of such tax,
                      penalties, and interest by, but not limited to, distress warrants, writ of
                      garnishments and criminal penalties as provided in F.S. ch. 212.
        (g)    All tax revenues received by the county pursuant to this section shall be distributed
as follows:
       (1)     Fifty (50) percent shall be transferred to the Monroe County Land Authority to be
              created by ordinance, the same to be used to purchase property in the areas
              described in subsection (a) of this section. An amount not to exceed five (5) percent
              may be used for administration and other costs incident to such purchases.
       (2)    Fifty (50) percent shall be distributed to the Board of County Commissioners of
              Monroe County, Florida, to be deposited in the general fund of Monroe County. Such
              proceeds shall be used for ad valorem tax containment.
       (h)    Any person who is taxable hereunder who fails or refuses to charge and collect from
the person paying the taxable privilege the tax herein provided, either by himself or through his
agents or employees, is, in addition to being personally liable for the payment of the tax, guilty of a
misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083.
        (i)     No person shall advertise or hold out to the public in any manner, directly or
indirectly, that he will absorb all or part of the tax, that he will relieve the person paying for the
taxable privilege of the payment of all or any part of the tax, or that the tax will not be added to
the consideration for the taxable privilege or, when added, that it or any part thereof will be
refunded or refused, either directly or indirectly, by any method whatsoever. Any person who
willfully violates any provision of this subsection is guilty of a misdemeanor of the second degree,
punishable as provided in F.S. § 775.082 or F.S. § 775.083.
        (j)    The tax authorized to be levied by this section shall constitute a lien on the property
of the business, lessee, customer, or tenant in the same manner as, and shall be collectible as are,
                                                                                                  Page 82 of 94

liens authorized and imposed in F.S. §§ 713.67, 713.68, and 713.69.
(Code 1979, § 2-571; Ord. No. 11-19-88, §§ 1--10, 1-19-88; Ord. No. 47-1995, § 1; Ord. No. 022-2004, § 15)

Sec. 2-572. Same--City of Key West.47
        (a)     Pursuant to the provision of section 125.0108, Florida Statutes, there is hereby
levied and imposed a tourist impact tax within the area of Monroe County designated as an area of
critical state concern by section 380.0552, Florida Statutes and Chapter 28-36, F.A.C., upon the
privileges and in the amount described in subsections (b) and (c) of this section.
       (b)    Every person who rents, leases, or lets for consideration any living quarters or
accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel,
rooming house, mobile home park, recreational vehicle park, or condominium for a term of six (6)
months or less, unless such establishment is exempt from the tax imposed by section 212.03,
Florida Statutes is exercising a taxable privilege on the proceeds therefrom under this section.
       (c)    The tourist impact tax shall be levied at the rate of one (1) percent of each dollar
and major fraction thereof of the total consideration charged for such taxable privilege. When
receipt of consideration is by way of property other than money, the tax shall be levied and
imposed on the fair market value of such nonmonetary consideration.
       (d)     The tourist impact tax shall be in addition to any other tax imposed pursuant to
chapter 212, Laws of Florida, and in addition to all other taxes and fees and the consideration for
the taxable privilege.
       (e)     The tourist impact tax shall be charged by the person receiving the consideration
for the taxable privilege, and it shall be collected from the lessee, tenant, or customer at the time
of payment of the consideration for such taxable privilege.
        (f)     (1) Pursuant to the provisions of section 125.0104(10), Florida Statutes, Monroe
               County shall collect and administer the tourist impact tax locally. Initial collection of
               the tax shall continue to be made in the same manner as the tax imposed under part
               I of chapter 212, Florida Statutes. The Monroe County Tax Collector shall be
               responsible for the collection and administration of the tax. A person receiving the
               consideration for rental or lease payments shall receive, account for, and remit the
               tax thereon to the Monroe County Tax Collector at the time and in the manner
               provided for persons who collect and remit taxes under section 212.03, Florida
               Statutes. The same duties and privileges imposed by chapter 212, Florida Statutes,
               upon dealers in tangible property respecting the remission and collection of tax, the
               making of returns, the keeping of books, records and accounts, and payment of a
               dealer's credit, and compliance with the rules of the Monroe County Tax Collector in
               the administration of said chapter shall apply to and be binding upon all persons
               who are subject to the provisions of this article; provided, however, the Monroe
               County Tax Collector may authorize a quarterly return and payment when the tax
               remitted by the person receiving the consideration for such rental or lease for the
               preceding quarter did not exceed twenty-five dollars ($25.00).
        (2)     Pursuant to section 125.0104, Florida Statutes, the Monroe County Tax Collector
               shall keep records showing the amount of taxes collected. These records shall be
               open to the public during the regular office hours of the Monroe County Tax
               Collector, subject to the provisions of section 213.052, Florida Statutes.
        (3)     Collections received by the Monroe County Tax Collector from the tax, less costs of

47
     Legal Analysis: 1979 Code § 2-572. Same--City of Key West. Deleted as covered by 1979 Code
         § 2-571. F.S. § 125.0108 only authorizes a one percent tax.
                                                                                  Page 83 of 94

      administration of this section, shall be paid and returned, on a monthly basis to the
      county clerk of the governing board of Monroe County, Florida, for use by the county
      in accordance with the provision of this section.
(4)    The Monroe County Tax Collector is authorized to employ persons and incur other
      expenses to administer this section.
(5)   The Monroe County Tax Collector may promulgate such rules and may prescribe
      and publish such forms as may be necessary to effectuate the purpose of this section.
(6)    The Monroe County Clerk of the Court shall perform the enforcement and audit
      functions associated with the collection and remission of this tax, including, without
      limitation, the following:
      a.     For the purposes of enforcing the collection of the tax levied by this
             ordinance, the clerk is hereby specifically authorized and empowered to
             examine at all reasonable hours the books, records and other documents of all
             dealers or other persons charged with the duty to report or pay a tax under
             this section, in order to determine whether they are collecting the tax or
             otherwise complying with this section. In the event such dealer refuses to
             permit such examination of its books, records, or other documents by the
             clerk as aforesaid, it is guilty of a misdemeanor of the first degree, punishable
             as provided in section 775.082, section 775.083 or section 775.0835, Florida
             Statutes. The clerk shall have the right to proceed in circuit court to seek a
             mandatory injunction or other appropriate remedy to enforce its right against
             the offender, as granted by this section, to require an examination of the
             books and records of such dealer.
      b.     Each dealer, as defined in this section, shall secure, maintain and keep for a
             period of three (3) years, a complete record of rooms or other lodging, leased
             or rented by said dealer, together with gross receipts from such sales, and
             other pertinent records and papers as may be required by the Monroe County
             Tax Collector for the reasonable administration of this section and all such
             records which are located or maintained in this state shall be open for
             inspection by the clerk at all reasonable hours at such dealer's place of
             business located in the county. Any dealer who maintains such books and
             records at a point outside Monroe County must make such books and records
             available for inspection by the clerk in Monroe County, Florida. Any dealer
             subject to the provision of this section who violates these provisions is guilty
             of a misdemeanor of first degree, punishable as provided in section 775.082,
             section 775.083 or section 775.0835, Florida Statutes.
      c.     1. The clerk shall send written notification, at least sixty (60) days prior to
             the date an auditor is scheduled to begin an audit. The clerk is not required
             to give sixty (60) days prior notification of a forthcoming audit in any
             instance in which the taxpayer requests an emergency audit.
             2.      Such written notification shall contain:
                    i.     The approximate date on which the auditor is scheduled to
                           begin the audit.
                    ii.    A reminder that all records, receipts, invoices, and related
                           documentation of the taxpayer must be made available to the
                           auditor.
                    iii.   Any other requests or suggestions the clerk may deem
                                                                                          Page 84 of 94

                                   necessary.
                     3.     Only records, receipts, invoices and regulated documentation that are
                            available to the auditor when such audit begins shall be deemed
                            acceptable for the purposes of conducting such audit.
              d.     All taxes collected under this section shall be remitted to the Monroe County
                     Tax Collector. In addition to criminal sanctions, the clerk is empowered, and
                     it shall be its duty, when any tax becomes delinquent or is otherwise in
                     jeopardy under this section, to issue a warrant for the full amount of the tax
                     due, or estimated to be due, with the interest, penalties and cost of collection,
                     directed to all and singular sheriffs of the state, and shall record the warrant
                     in the public records of the county; and thereupon the amount of the warrant
                     shall become a lien of any real property or personal property of the taxpayer
                     in the same manner as a recorded judgment.
          The clerk may issue a tax execution to enforce the collection of taxes imposed by this
       ordinance and deliver it to the sheriff. The sheriff shall thereupon proceed in the same
       manner as prescribed by law for executions and shall be entitled to the same fees for his
       services in executing the warrant to be collected. The clerk may also have a writ of
       garnishment to subject any indebtedness due to the delinquent dealer by a third person in
       any goods, money, chattels, or effects of the delinquent dealer in the hands, possession, or
       control of the third person in the manner provided by law for the payment of the tax due.
       Upon payment of the execution, warrant, judgment, or garnishment, the clerk shall satisfy
       the lien of record within thirty (30) days.
       (7)    Tax revenues may be used only in accordance with the provisions of section 125.018,
              Florida Statutes.
       (8)     An amount not to exceed three (3) percent of said tax collected herein shall be
              retained for the costs of administration. The amount deducted for costs of
              administration shall be used only for those costs that are solely and directly
              attributable to auditing, assessing and enforcing payment of delinquent taxes
              authorized by this section. The remainder of the tax collected shall be remitted to
              Monroe County on a monthly basis.
              a.     The county assumes responsibility for the records and accounts of dealers and
                     assessing, collecting and enforcing payment of delinquent tourist impact
                     taxes. The county adopts any and all powers and authority granted to the
                     State of Florida in section 124.0104(10), Florida Statutes and chapter 212,
                     Florida Statutes, and as further incorporated therein to determine the
                     amount of the tax, penalties, and interest to be paid by each dealer and to
                     enforce payment of such tax, penalties, and interest by, but not limited to,
                     distress warrants, writ of garnishments and criminal penalties as provided in
                     chapter 212, Florida Statutes.
        (g)   All tax revenues received by the county pursuant to this section shall be distributed
as follows:
       (1)     Fifty (50) percent shall be transferred to the Monroe County Land Authority to be
              created by Ordinance, the same to be used to purchase property in the area
              described in subsection (a) of this section. An amount not to exceed five (5) percent
              may be used for administration and other costs incident to such purchases.
       (2)    Fifty (50) percent shall be distributed to the Board of County Commissioners of
              Monroe County, Florida, to be deposited in the general fund of Monroe County. Such
              proceeds shall be used for ad valorem tax containment.
                                                                                          Page 85 of 94

       (h)      Any person who is taxable hereunder who fails or refuses to charge and collect from
the person paying for the taxable privilege the tax herein provided, either by himself or through
his agents or employees, is, in addition to being personally liable for the payable for the payment of
the tax, guilty of a misdemeanor of the second degree, punishable as provided in sections 775.082,
F.S. 775.083 and F.S. 775.084, Florida Statutes.
        (i)     No person shall advertise or hold out to the public in any manner, directly or
indirectly, that he will absorb all or any part of the tax, that he will relieve the person paying for
the taxable privilege of the payment of all or any part of the tax, or that the tax will not be added
to the consideration for the taxable privilege or, when added, that it or any part thereof will be
refunded or refused, either directly or indirectly, by any method whatsoever. Any person who
willfully violates any provision of this subsection is guilty of a misdemeanor of the second degree,
punishable as provided in F.S. § 775.082, F.S. §775.083, or F.S. §775.084.
        (j)    The tax authorized to be levied by this section shall constitute a lien on the property
of the business, lessee, customer, or tenant in the same manner as, and shall be collectible as are,
liens authorized and imposed in F.S. §713.67, 713.68, and 713.69, Florida Statutes.
(Code 1979, § 2-572; Ord. No. 12-1988, §§ 1--10; Ord. No. 48-1995, § 1)

Secs. 2-573--2-600. Reserved.

         ARTICLE XXV. SHARED ASSET FORFEITURE FUND ADVISORY BOARD


Sec. 2-601. Establishment.
        (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 (7) members: One (1) appointed by each county
commissioner and two (2) 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 F.S. § 112.061.
(Code 1979, § 2-601; Ord. No. 30-2000, § 1)

Sec. 2-602. SAFF fund.
    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.
(Code 1979, § 2-602; Ord. No. 30-2000, § 2)

Sec. 2-603. Procedure for disbursement of funds.
       (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
                                                                                        Page 86 of 94

year, minus a reasonable fee deducted by the sheriff for his expenses in administering the
provisions of this article.
        (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 (1) week in
advance of the meeting date in a newspaper qualified under F.S. § 50.011, in the form required by
F.S. § 286.0105. 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 the county's 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 of the sheriff's estimate (a level that will
result in an expenditure of principal) without five (5) 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 (4) 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
                                                                                          Page 87 of 94

commission may decline to fund another item or project and roll over 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.
(Code 1979, § 2-603; Ord. No. 30-2000, § 3)
                                                                                          48
           ARTICLE XXVI. TRAVEL, PER DIEM, MEALS AND MILEAGE POLICY
Sec. 2-604. Definitions.
     For the purposes of this article the following words shall have the meanings indicated:
     "Agency" or "public agency" shall mean Monroe County, Florida.
     "Agency head" or "head of the agency" shall mean the county administrator.
     "Authorized person" shall mean:
         (1)    A person other than a public officer or employee as defined herein who is authorized
                by the agency head to incur travel expenses in the performance of official duties.
         (2)     A person who is called upon by the county, pursuant to a written agreement, to
                contribute time and services as consultant or adviser.
         (3)     A person who is a candidate for an executive or professional position, which position
                is identified as such by county policy.
   "Class A travel" means continuous travel of twenty-four (24) hours or more away from official
headquarters.
   "Class B travel" means continuous travel of less than twenty-four (24) hours which involves
overnight absence from official headquarters.
   "Class C travel" means travel for short or day trips where the traveler is not away from his or
her official headquarters overnight.
   "Common carrier" means a train, bus, commercial airline operating scheduled flights, or rental
cars of an established rental car firm.
     "County officer" or "public officer" shall mean a county commissioner.
   "Employee" or "public employee" shall mean an individual, whether commissioned or not, other
than an officer or authorized person as defined herein, who is filling a regular or full-time
authorized position and is responsible to the county administrator. The term shall also include the
county attorney and any assistant county attorney.
     "Foreign travel" means travel outside the United States.
   "Official headquarters" means the building or site in which the public officer or employee
performs his or her job duties or in which he or she has been assigned an office or work space.
   "Travel day" means a period of twenty-four (24) hours consisting of four (4) quarters of six (6)
hours each.

48
     Legal Analysis: 1979 Code ch. 2, art. XXVI. Travel, per diem, meals and mileage policy. Deleted
         material covered by F.S. § 112.061. The only authority expressly reserved in such section
         the county is to the power to increase per diem and subsistence and mileage rates. See F.S.
         § 212.061(14). The deleted material is a regurgitation of the statue.
                                                                                         Page 88 of 94

   "Travel expense", "traveling expenses", "necessary expenses while traveling", "actual expenses
while traveling", or words of similar nature shall mean the usual ordinary and incidental
expenditures necessarily incurred by a traveler.
   "Traveler" shall mean a public officer, public employee, or authorized person, when performing
authorized travel.
   "Travel period" means a period of time between the time of departure and time of return.
(Code 1979, § 2-604; Ord. No. 004-2004, § 1)
Sec. 2-605. Authority to incur travel expenses.
       (a)    All travel must be authorized and approved by the county administrator, or his or
her designated representative.
      (b)     Travel expenses of travelers shall be limited to those expenses necessarily incurred
by them in the performance of a public purpose authorized by law to be performed by the county
and must be within the limitations prescribed by this article.
       (c)    Travel by public officers or employees serving temporarily in behalf of another
agency or partly in behalf of more than one agency at the same time, or authorized persons who
are called upon to contribute time and services as consultants or advisers, may be authorized by
the county administrator.
       (d)     Travel expenses of public employees for the sole purpose of taking merit system or
other job placement examinations, written or oral, shall not be allowed under any circumstances,
except that upon prior written approval of the county administrator or the board of county
commissioners candidates for executive or professional positions may be allowed travel expenses
pursuant to this section.
       (e)     The county administrator, or a designated representative, may pay by advancement
or reimbursement, or a combination thereof, the costs of per diem of travelers and authorized
persons for foreign travel at the current rates as specified in the federal publication "Standardized
Regulations (Government Civilians, Foreign Areas)" and incidental expenses as provided in this
section.
        (f)    A traveler who becomes sick or injured while away from his or her official
headquarters and is therefore unable to perform the official business of the county may continue to
receive subsistence as provided in section 2-607 during this period of illness or injury until such
time as he or she is able to perform the official business of the county or returns to his or her
official headquarters, whichever is earlier. Such subsistence may be paid when approved by the
county administrator or his or her designee.
      The county administrator or his designated representative shall be the agency head within
the meaning of F.S. § 112.061
(Code 1979, § 2-605; Ord. No. 004-2004, § 1)

Sec. 2-606. Official headquarters location.
   The official headquarters location of an officer or employee assigned to an office shall be the
geographical area in which the office is located. For purposes of this article, geographical area
shall mean either the Lower Keys, the Middle Keys, or the Upper Keys.
(Code 1979, § 2-606; Ord. No. 004-2004, § 1)
Sec. 2-607. Computation of travel time for reimbursement.
   For purposes of reimbursement and methods of calculating fractional days of travel:
       (1)      The travel day for Class A travel shall be a calendar day (midnight to midnight).
                                                                                          Page 89 of 94

               The travel day for Class B travel shall begin at the same time as the travel period.
               For Class A and Class B travel, the traveler shall be reimbursed one-fourth () of the
               authorized rate of per diem for each quarter, or fraction thereof, of the travel day
               included within the travel period. Class A and Class B travel shall include any
               assignment on official business outside of regular office hours and away from official
               headquarters when it is considered reasonable and necessary to stay overnight and
               for which travel expenses are approved.
       (2)      A traveler shall not be reimbursed on a per diem basis for Class C travel, but shall
               receive subsistence as provided in this section, which allowance for meals shall be
               based on the following schedule:
               a.      Breakfast--When travel begins before 6:00 a.m. and extends beyond 8:00 a.m.
               b.      Lunch--When travel begins before 12:00 noon and extends beyond 2:00 p.m.
               c.      Dinner--When travel begins before 6:00 p.m. and extends beyond 8:00 p.m., or
                       when travel occurs during nighttime hours due to special assignment.
       No allowance shall be made for meals when travel is confined to the geographical area of
       the official headquarters, except travelers will be entitled to the appropriate meal allowance
       as follows:
                       1.      If the official headquarters location of the traveler is in the Lower
                               Keys, and the traveler goes beyond the flashing traffic signal on
                               Sugarloaf Key (approximately Mile Marker 17).
                       2.      If the official headquarters location of the traveler is in the Middle
                               Keys, and the traveler goes beyond the south end of the Spanish
                               Harbor Bridge, or the traveler goes beyond the north end of the Long
                               Key Bridge.
                       3.      If the official headquarters location of the traveler is in the Upper
                               Keys, and the traveler goes beyond Mile Marker 76 on Lower
                               Matecumbe Key, or the traveler goes beyond the south city limits of
                               Florida City in Dade County.
(Code 1979, § 2-607; Ord. No. 004-2004, § 1)

Sec. 2-608. Rates of per diem and subsistence allowance.
    For purposes of reimbursement rates and methods of calculation, per diem and subsistence
allowances are divided into the following groups and rates:
       (1)      All travelers shall be allowed for subsistence when traveling to a convention or
               conference or when traveling within or outside the state in order to conduct bona
               fide state business, which convention, conference, or business serves a direct and
               lawful public purpose with relation to the public agency served by the person
               attending such meeting or conducting such business, either of the following for each
               day of such travel at the option of the traveler:
               a.      One hundred dollars ($100.00) per diem; or
               b.      If actual expenses exceed one hundred dollars ($100.00), the amounts
                       permitted in paragraph (2) for meals, plus actual expenses for lodging at a
                       single-occupancy rate to be substantiated by paid bills therefor.
       When lodging or meals are provided at a state institution, the traveler shall be reimbursed
       only for the actual expenses of such lodging or meals, not to exceed the maximum provided
       for in this subsection.
                                                                                         Page 90 of 94

       (2)     All travelers shall be allowed the following amounts for subsistence while on Class
               C travel on official business as provided in paragraph (5)(b): ;$;
               a.      Breakfast\$6.50
               b.      Lunch\13.50
               c.      Dinner\27.00 ;\$;
       (3)      No one, whether traveling out of state or in state, shall be reimbursed for any meal
               or lodging included in a convention or conference registration fee paid by the state.
(Code 1979, § 2-608; Ord. No. 004-2004, § 1)

Sec. 2-609. Transportation.
       (a)     All travel must be by a usually traveled route. In case a person travels by an
indirect route for his or her own convenience, any extra costs shall be borne by the traveler; and
reimbursement for expenses shall be based only on such charges as would have been incurred by a
usually traveled route. The county administrator or his or her designee shall designate the most
economical method of travel for each trip, keeping in mind the following conditions:
       (1)      The nature of the business.
       (2)      The most efficient and economical means of travel (considering time of the traveler,
               impact on the productivity of
       the traveler , cost of transportation, and per diem or subsistence required). When it is
       more efficient and economical to either the traveler or the agency head, jet service offered
       by any airline, whether on state contract or not, may be used when the cost is within an
       approved threshold determined by the county administrator or his or her designee.
       (3)     The number of persons making the trip and the amount of equipment or material to
               be transported.
       (b)     Transportation by common carrier when traveling on official business and paid for
personally by the traveler, shall be substantiated by a receipt therefor. Federal tax shall not be
reimbursable to the traveler unless the state and other public agencies are also required by federal
law to pay such tax. In the event transportation other than the most economical class as approved
by the county administrator is provided by a common carrier on a flight check or credit card, the
charges in excess of the most economical class shall be refunded by the traveler to the county.
        (c)    The use of privately owned vehicles for official travel in lieu of publicly owned
vehicles or common carriers may be authorized by the county administrator or his or her designee.
Whenever travel is by privately owned vehicle, the traveler shall be entitled to a mileage
allowance at a fixed rate of forty-four and one-half cents ($0.445) per mile or the common carrier
fare for such travel, as determined by the county administrator. Reimbursement for expenditures
related to the operation, maintenance, and ownership of a vehicle shall not be allowed when
privately owned vehicles are used on public business and reimbursement is made pursuant to this
paragraph, except as provided in subsection (8).
       (d)      All mileage shall be shown from point of origin to point of destination and, when
possible, shall be computed on the basis of the current map of the department of transportation.
Vicinity mileage necessary for the conduct of official business is allowable but must be shown as a
separate item on the expense voucher.
       (e)    Transportation by chartered vehicles when traveling on official business may be
authorized by the county administrator when necessary or where it is to the advantage of the
agency, provided the cost of such transportation does not exceed the cost of transportation by
privately owned vehicle pursuant to paragraph (d).
                                                                                          Page 91 of 94

       (f)     The county administrator or his or her designee may grant monthly allowances in
fixed amounts for use of privately owned automobiles on official business in lieu of the mileage
rate provided in paragraph (d). Allowances granted pursuant to this paragraph shall be
reasonable, taking into account the customary use of the automobile, the roads customarily
traveled, and whether any of the expenses incident to the operation, maintenance, and ownership
of the automobile are paid from funds of the agency or other public funds. Such allowance may be
changed at any time, and shall be made on the basis of a signed statement of the traveler, filed
before the allowance is granted or changed, and at least annually thereafter. The statement shall
show the places and distances for an average typical month's travel on official business, and the
amount that would be allowed under the approved rate per mile for the travel shown in the
statement, if payment had been made pursuant to paragraph (d).
       (g)     No contract may be entered into between a public officer or employee, or any other
person, and the county in which a depreciation allowance is used in computing the amount due by
the agency to the individual for the use of a privately owned vehicle on official business.
       (h)      No traveler shall be allowed either mileage or transportation expense when
gratuitously transported by another person or when transported by another traveler who is
entitled to mileage or transportation expense. However, a traveler on a private aircraft shall be
reimbursed the actual amount charged and paid for the fare for such transportation up to the cost
of a commercial airline ticket for the same flight, even though the owner or pilot of such aircraft is
also entitled to transportation expense for the same flight under this subsection.
(Code 1979, § 2-609; Ord. No. 004-2004, § 1; Ord. No. 028-2006, § 1)

Sec. 2-610. Other expenses.
       (a)      The following incidental travel expenses of the traveler may be reimbursed:
       (1)      Taxi fare.
       (2)      Ferry fares; and bridge, road, and tunnel tolls.
       (3)      Storage or parking fees.
       (4)      Communication expense.
       (5)      Convention registration fee while attending a convention or conference that will
               serve a direct public purpose with relation to the county. A traveler may be
               reimbursed the actual and necessary fees for attending events which are not
               included in a basic registration fee that directly enhance the public purpose of the
               participation of the county in the conference. Such expenses may include, but not be
               limited to, banquets and other meal functions. It shall be the responsibility of the
               traveler to substantiate that the charges were proper and necessary. However, any
               meals or lodging included in the registration fee will be deducted in accordance with
               the allowances provided in subsection (6).
(Code 1979, § 2-610; Ord. No. 004-2004, § 1)

Sec. 2-611. Rules.
    The county administrator may adopt such rules, including, but not limited to, the general
criteria to be used by the agency to predetermine justification for attendance by officers and
employees and authorized persons at conventions and conferences, and prescribe such forms as are
necessary to effectuate the purposes of this article. The county administrator may also adopt rules
prescribing the proper disposition and use of promotional items and rebates offered by common
carriers and other entities in connection with travel at public expense.
(Code 1979, § 2-611; Ord. No. 004-2004, § 1)
                                                                                           Page 92 of 94

Sec. 2-612. Fraudulent claims.
   Claims submitted pursuant to this section shall not be required to be sworn to before a notary
public or other officer authorized to administer oaths, but any claim authorized or required to be
made under any provision of this article shall contain a statement that the expenses were actually
incurred by the traveler as necessary travel expenses in the performance of official duties and
shall be verified by a written declaration that it is true and correct as to every material matter.
       (1)      Any person who willfully makes and subscribes any such claim which he or she does
               not believe to be true and correct as to every material matter, or who willfully aids
               or assists in, or procures, counsels, or advises the preparation or presentation under
               the provisions of this article of a claim which is fraudulent or is false as to any
               material matter, whether or not such falsity or fraud is with the knowledge or
               consent of the person authorized or required to present such claim, is guilty of a
               misdemeanor of the second degree as provided by statute, punishable as provided in
               F.S §§ 775.082 or 775.083, and whoever shall receive an allowance or reimbursement
               by means of a false claim shall be civilly liable in the amount of the overpayment for
               the reimbursement of the public fund from which the claim was paid pursuant to the
               provisions of F.S. § 112.061.
       (2)      Any person who willfully makes and subscribes any such claim which he or she does
               not believe to be true and correct as to every material matter, or who willfully aids
               or assists in, or procures, counsels, or advises the preparation or presentation under
               the provisions of this ordinance of a claim which is fraudulent or is false as to any
               material matter, whether or not such falsity or fraud is with the knowledge or
               consent of the person authorized or required to present such claim, and whoever
               shall receive an allowance or reimbursement by means of a false claim, shall be
               subject to discipline, up to and including termination of employment. The amount
               involved shall not be material to the discipline to be imposed.
(Code 1979, § 2-612; Ord. No. 004-2004, § 1)

Sec. 2-613. Travel voucher forms.
    The county administrator shall furnish a uniform travel voucher form that shall be used by all
travelers and authorized persons when submitting travel expense statements for approval and
payment. No travel expense statement shall be approved for payment unless made on the form
prescribed and furnished by the county administrator. The travel voucher form shall provide for,
among other things, the purpose of the official travel and a certification or affirmation, to be signed
by the traveler, indicating the truth and correctness of the claim in every material matter, that the
travel expenses were actually incurred by the traveler as necessary in the performance of official
duties, that per diem claimed has been appropriately reduced for any meals or lodging included in
the convention or conference registration fees claimed by the traveler, and that the voucher
conforms in every respect with the requirements of this section.
(Code 1979, § 2-613; Ord. No. 004-2004, § 1)

Sec. 2-614. Advancements.
    Notwithstanding any of the foregoing restrictions and limitations, the county administrator or
his or her designee may make, or authorize the making of, advances to cover anticipated costs of
travel to travelers. Such advancements may include the costs of subsistence and travel of any
person transported in the care or custody of the traveler in the performance of his or her duties.
(Code 1979, § 2-614; Ord. No. 004-2004, § 1)
                                                                                           Page 93 of 94

Sec. 2-615. Direct payment of expenses by agency.
   Whenever the county requires an employee or public officer to incur either Class A or Class B
travel on emergency notice to the traveler, such traveler may request the agency to pay his or her
expenses for meals and lodging directly to the vendor, and the agency may pay the vendor the
actual expenses for meals and lodging during the travel period, limited to an amount not to exceed
that authorized pursuant to this section. In emergency situations, the county administrator or his
or her designee may authorize an increase in the amount paid for a specific meal, provided that
the total daily cost of meals does not exceed the total amount authorized for meals each day. The
county administrator or his or her designee may also grant prior approval to make direct
payments of travel expenses in other situations that result in cost savings to the agency.
(Code 1979, § 2-615; Ord. No. 004-2004, § 1)
.

                                  ARTICLE XXVII. COURT COSTS


Sec. 2-631. Surcharge in traffic cases.
        (a)     Pursuant to F.S. § 318.18(13)(a), , every person who pays a fine or civil penalty for
any violation of a non-criminal traffic infraction, as defined in F.S. § 318.14(1), and every person
who pleads guilty or nolo contendere to or is convicted, regardless of adjudication, of a criminal
violation listed in section 318.17, shall be assessed a surcharge of fifteen dollars ($15.00). A non-
criminal traffic infraction is defined in F.S. § 318.14(1).
       (b)     The court shall order payment of this additional court costs in all matters subject to
this section and the clerk of court shall add this surcharge to all payments of fines or civil
penalties for any violation of a non-criminal traffic infraction.
         (c)    The funds collected pursuant to this section shall be used to fund state court
facilities. Funds collected pursuant to this ordinance shall be expended in accordance with the
direction of the board of county commissioners.
(Code 1979, § 2-631; Ord. No. 017-2004, § 2)


Sec. 2-632. Additional court costs in criminal cases.
        (a)     Pursuant to F.S. § 939.185, an additional court cost of sixty-five dollars ($65.00)
shall be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty
of, any felony, misdemeanor, or criminal traffic offense under Florida laws.
       (b)      Funds received from this additional court cost shall be distributed as follows:
       1.       Twenty-five (25) percent of the amount collected shall be allocated to supplement
               state funding for the elements of the state courts system in Monroe County as
               identified in F.S. § 29.004, , and County funding for local requirements under F.S. §
               29.008(2)(a)s.
       2.      Twenty-five (25) percent shall be allocated to fund legal aid programs in Monroe
               County consistent with F.S. § 29.008(3)(a.
       3.       Twenty-five (25) percent shall be allocated to fund personnel and legal materials for
               the public as part of law libraries, whether as separate libraries or as part of the
               Monroe County Public Library System.
       4.       Twenty-five (25) percent shall be allocated to fund teen court programs and other
               juvenile alternative programs in Monroe County as determined by the board of
                                                                                        Page 94 of 94

               county commissioners.
        (c)     The court shall order payment of these additional court costs in all matters subject
to this section, but may defer payment if the person against whom the cost is imposed is indigent.
        (d)    At the end of each county fiscal year during which said additional court costs are
collected, any surplus is required to be reallocated and transferred for use to fund innovations to
supplement funding for the state court system in Monroe County under paragraph (a)(1) above.
(Code 1979, § 2-632; Ord. No. 016-2004, § 2)

								
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