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                                                             1
                                             APPENDIX A
                                         LAWS OF FLORIDA*
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Editor's note—This appendix contains those acts passed by the Florida legislature that appear viable and
of a general and permanent nature so as to be of general interest to the county government. Amendments to
acts are indicated by parenthetical history notes following amended provisions. The absence of a history
note indicates that the provision remains unchanged from the original. Obvious misspellings have been
corrected without notation. For stylistic purposes, headings and catchlines have been made uniform
citations to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been
used. A consistent scheme of capitalization has also been used. Additions for clarity are indicated by
brackets.




1
    Legal Analysis:
         A.     The following acts printed in this appendix have been deleted for the reasons stated
         below. Footnotes appear on acts that should be considered for deletion.

                1.     Laws of Fla. ch. 63-1636 (see former art. II, div. 5). Medical examiner.
                       Superseded by F.S. ch. 406, pt. I. See F.S. § 406.17.

                2.     Laws of Fla. ch. 63-1653 (see former art. II, div. 6). Property appraisal
                       contracts. Based upon repealed statute.

                3.     Laws of Fla. ch. 76-437 (see former art. VII, div.3). This is a repealer.

                4.     Laws of Fla. ch. 57-1588 (see former art. VIII). Health department fees.
                       Superseded by F.S. § 154.06.

                5.     Laws of Fla. ch. 61-2499 (see former art. XI). State roads. Does not relate to
                       board of county commissioners.

         B.     The following acts (as amended) should be included as they appear of general
         interest:

                1.     Laws of Fla. ch. 73-553. Commission of tax collector.

                2.     Laws of Fla. ch. 76-441. Florida Keys Aqueduct Authority.

                3.     Laws of Fla. ch. 97-345. Sheriff's office--disciplinary actions.

                4.     Laws of Fla. ch. 99-395, §§ 4--6. Sewage disposal.

                5.     Laws of Fla. ch. 2002-346. Florida Keys Mosquito Control District.
                                                                                           Page 2 of 44

                                  ARTICLE I. LISTING OF ACTS



Sec. 1. Special acts.
    The following is a list of local laws relating to the county. Some of the have been reproduced in
full in this appendix. Each act is listed by chapter number and year, if appropriate; however acts
that only amend other acts are listed with such other acts. In addition, the following acts have not
been listed:
       (1)    Acts repealed by other acts (except in special cases).
       (2)    Acts that only repeal other acts.
       (3)    Acts that have expire by virtue of specific language in the acts so providing.
       (4)    Acts relating only to the school district or school board (formerly board of public
              instruction).
       (5)    Acts pertaining only to drainage or flood control districts.
       (6)    Acts pertaining only to municipalities.
       (7)    Acts that relate the compensation or expenses of constitutional officers and officers.
              Such acts are preempted by F.S. ch. 145 and F.S. § 112.061.
       (8)    Acts designating state roads.



Chapter                                       Subject
Act of July 3, 1823 (p. 122)                  Creates county.
18 (1845)                                     Erection of jail.
99 (1846)                                     Election canvass
402 (1850)                                    Duties of county commissioners.
405 (1850)                                    Notary public fees.
704 (1854)                                    Sunday law.
824 (1856)                                    Duties of county commissioners.
825 (1856)                                    Slavery regulated.
1172 (1860)                                   Constitutional convention election.
1625 (1866)                                   Election procedures.
1763 (1870)                                   Sunday law.
5063 (1901)                                   Bond issue.
5315 (1903)                                   Bond issue.
5595 (1905)                                   KeyWest-mainland railroad
                                              construction.
6623 (1913)                                   Publicity tax authorized.
6960 (1915)                                   Title of certain islands and land vested
                                              in board of trustees of internal
                                              improvement fund.
7062 (1915)                                   Bond issue.
7310 (1917)                                   Indian reservation created. See 7065
                                              (1935).
8118 (1919)                                   Water supply authorized.
8509 (1921)                                   Return of road tax and automobile
                                              license tax to county.
8765 (1921)                                   Right of utilities to use public right of
                                                            Page 3 of 44

                 way.
8767 (1921)      Confirms promissory note.
9521 (1923)      Authorizes issuance of interest
                 bearing time warrants.
9522 (1923)      Authorizes granting permission to
                 establish ferries and toll bridge.
9524 (1923)      Authorizes construction of toll roads.
10597 (1925)     Season for hunting game.
10828 (1925)     Compensation of board of county
                 commissioners.
10855   (1925)   Validates issuance of certain bonds.
10856   (1925)   Authorizes cancellation of warrants.
10858   (1925)   Advertising tax authorized.
10860   (1925)   Time warrants for construction of
                 children's homes authorized..
11638 (1925)     Authorizes construction of toll bridges.

11639 (1925)     Authorizes granting utility franchises,
                 covered by F.S. § 125.42.
11640 (1925)     Authorizes granting of franchises for
                 construction of toll bridges.
13114   (1927)   Abolishes office of bond trustee.
13115   (1927)   Validates bond issue.
13116   (1927)   Regulates saltwater fishing industry.
13117   (1927)   Authorizes establishment and
                 operation of ferries.
14238 (1929)     Ratifies bond issue.
15023 (1931)     Relates to construction and operation
                 of toll bridges.
15060 (1931)     Exempts certain toll bridges from
                 property tax.
15945 (1933)     Compensation of board of county
                 commissioners.
16571 (1933)     Restricts methods of saltwater fishing.
16572 (1933)     Restricts methods of saltwater fishing.
                 Converted to administrative rule by
                 Laws of Fla. 83-134.
17065 (1935)     Authorizes exchange of certain lands.
                 See 7310 (1917).
17611 (1935)     Approves actions during
                 emergencies.
18341 (1937)     Cancels taxes of Florida East Coast
                 Railroad.
17959 (1937)     Authorizes payment of county share of
                 gasoline tax to board of public
                 instruction (now school board.
18702 (1937)     Redistricting county commissioners
                 districts.
19260 (1939)     Distribution and use of race track
                 funds.
19985 (1939)     Prohibits hunting of Key Deer.
20482 (1941)     Provides for nomination of
                                                         Page 4 of 44

               commissioner candidate by primary
               election, superseded by F.S. §
               99.061(3).
21014(1941)    Cancels tax certificates.
21407 (1941)   Authorizes special tax.
21408 (1941)   Restricts discharge of firearms near
               public road.
21409 (1941)   Extension of inland waterways.

21410 (1941)   Bond issue validated.
22407 (1943)   Authorizes annual special tax for
               hospital maintenance.
22708 (1945)   Provides for registration of voters in
               county, superseded by F.S. §§ 98.131
               and 98.141.
23418 (1945)   Authority to acquire park and
               recreation facilities. Amended by
               31016 (1945).
24639(1947)    Names Roosevelt Boulevard.
24727 (1947)   Authorizes transfer of money between
               county funds
25293 (1949)   Provides for registration of voter.
               Amended by 26534 (1951).
               Superseded by F.S. §§ 98.131 and
               98.141.
26041 (1949)   Declares Saturday a legal holiday for
               financial institution purposes, covered
               by F.S. § 659.271.
26510 (1951)   Guarantees payment of expenses of
               clerk of circuit court.
26704 (1951)   Fees of clerk of circuit court.
27745 (1951)   Residency requirement for county
               commission candidate. Superseded by
               F.S. § 99.032.
27746 (1951)   Stock Island Hospital.
27751 (1951)   Exempts county from prior bidding
               procedure of general statute.
27755 (1951)   Exempts county from general
               statutory restrictions on fishing for
               stone crab.
27756 (1951)   Authorizes county to regulate zoning,
               superseded by Chapters 59-1576 and
               61-2503.
28438 (1953)   Provides for appointment of office
               deputy supervisor of registration.
               Superseded by F.S. § 98.015.
29292 (1953)   Shrimp fishing. Converted to
               administrative rule by Laws of Fla. ch.
               83-134.
29293 (1953)   Authorizes creation of special
               improvement service districts.
               Amended by 61-2494. Repealed by
               Ch. 63-1642. The 1963 act is subject
                                                         Page 5 of 44

               to referendum.
29294 (1953)   Filing fees for county commission
               candidates, superseded by F.S. §
               99.061.
29296 (1953)   Requires registration of convicted
               felons. Superseded by F.S. § 775.13.
29299 (1953)   Restricts use of traps in saltwater
               fishing. Converted to administrative
               rule by Laws of Fla. ch. 83-134.
31008 (1955)   Assessment of taxes by county tax
               assesso.
31014 (1955)   Funds for airport.
57-492         Auxillary county offices.

57-493         Auxiliary government offices and jails.
57-532         Tax certificate fees.
57-607         Guarantees payment of expenses of
               office of tax collector, superseded by
               F.S.§ 145.1.
57-854         Authorizes charity days for Key West
               Kennel Club.
57-959         Cancels and leases state and county
               tax certificates on certain propertyt
57-1588        Authority to charge for copies of
               health certificates and vital records.
57-1593        Authorizes conveyances to Boy Scouts
               of America and Girl Scouts of America.
59-535         Authorizes acceptance by county of
               blanket security bonds covering
               deputy sheriffs. Covered by F.S. §
               30.09.
59-704         Alcoholic beverage license.
59-671         Approves expenditures by sheriff
               during budget year 1958 to 1959.
59-755         Cancels and sets aside certain
               instruments of dedication of land by
               trustees of internal improvement
               fund.
59-880         Names Floyd W. Davis bridge.
59-1577        Authority to require bond in
               connection with platting of land.
59-1578        Regulations re platting of land.
59-1580        Requires bid on contract over
               $1,000.00.
59-1582        Validates certain alcoholic beverage
               licenses.
59-1585        Procedure for dedication and
               conveyance of public lands.
59-1590        Bond issue and authorization for
               bridges.
59-1588        Confirms tax assessment and levies.
                                                      Page 6 of 44

59-1589   Confirms tax assessment and levies.

59-1591   Authorizes county to use road funds
          for maintenance of county prisoners
          working county roads.
61-1275   Approves expenditures by sheriff
          during budget year 1960 to 1961.
61-2349   Operation of Stock Island Hospital.
          Superseded by ch. 61-2507.
61-2491   Provided for establishment of law
          library.
61-2493   Authorizes special tax levy for public
          library, superseded by F.S. §
          125.01(1)(f).
61-2496   Authorizes purchase by sheriff of
          certain liability insurance.
61-2498   Designates sheriff as custodian of
          tangible personal property of the
          sheriff's office, unnecessary in light of
          definition of "governmental unit" in
          F.S. § 274.01 (1).
61-2503   Zoning and building regulations.
          Amended by 61-2510 and 65-1910
61-2507   Creates Monroe County Hospital
          District.
63-1628   Authorizes issuance of specific
          beverage license.
63-1630   Authorizes county to regulate parking
          of motor vehicles, covered by F.S. §
          316.008.
63-1632   Auxiliary county offices.
63-1633   Authority to condemn buildings and
          structures. Amended by 65-1911
63-1634   Provides for monthly expense
          allowances for each member of the
          House of Representatives from
          County. Repealed by F.S. § 11.131.
63-1635   County employees group insurance.
63-1636   Medical examiner.
63-1637   Animal control.
63-1638   Authorizes expenditure of road funds
          for fire fighting equipment, etc..
63-1642   Authorizes creation of special
          improvements service district (act
          subject to referendum).
63-1643   Creates county highway authority, not
          approved at referendum provided for
          in the act.
63-1645   Provides for method of fixing millage
          in event of reappraisement of
          property.
63-1646   Mileage for commissioners and county
                                                    Page 7 of 44

          employees.
63-1647   Creates road study commission.
63-1651   Advertising commission.
63-1652   Restricts fishing from certain bridges.
          Converted to administrative rule by
          Laws of Fla. ch. 83-134.
63-1653   Property appraisal contracts
          authorized.
63-1654   Construction contractors. Amended by
          67-1727. Repealed by Ordinance No.
          16-1975.
63-1655   Authorizes establishment of road
          maintenance districts.
63-1656   Authorizes establishment of fire
          department.
63-1657   Waterways development authority.

63-1658   Authorizes development authority.
63-1659   Lighting system authorized.
63-1660   Fire prevention.
63-1661   Shrimp fishing.
63-1662   Restricts spearfishing (act effective
          upn approval at referendum).
65-1054   Automobile allowance for clerk of
          circuit court.
65-1056   Approves expenditures by sheriff
          during fiscal year 1963 to 1964.
65-1062   Authorizes monthly automobile
          allowances to deputies and employees
          of sheriff.
65-1064   Approves expenditures by clerk of
          circuit court automobile expenses
          during period July 1, 1963 to May 31,
          1964.
65-1764   State regulation of Galey Memorial
          Hospital.
65-1912   Requires occupational licenses for real
          estate brokers, covered by F.S. §
          205.032.
65-1914   Authorizes county to adopt Florida Fire
          Prevention Code. Covered by F.S. §
          125.01 (1) (i).
65-1916   Authorizes granting cable t.v.
          franchises, covered by F.S. § 125.42.
65-1917   Authorizes purchase of foodstuffs by
          sheriff of division of correction.
65-1920   Authorizes tax levy for maintenance of
          public library, superseded by F.S. §
          125.01 (1) (f) and Article VII, § 9(b)
          of state constitution.
65-1921   Creates road study commission--
          Report due in 1967.
                                                     Page 8 of 44

65-1924   Authorizes county to expend road
          funds for fire protection services.
          Covered by F.S. §§ 125.01 (1) (p)
          and 125.01 (3) (a).
65-1926   Authorizes mileage and per diem
          expenses for witnesses in circuit
          court.
65-1931   Chairman of county commission
          designated mayor of county.
65-1932   Authorizes sale of land.
65-1936   Creates historical restoration and
          preservation commission, superseded
          by Ch. 69-1314 (which latter act was
          repealed by 72-259). The 1972 act is
          codified in Florida Statutes).
65-1937   Establishes wildlife sanctuary.

65-1938   Advertising commission.
65-1939   Authorizes county to provide facilities
          for care of incompetent persons.
65-1940   Provides for reduction of millage when
          assessed valuation is increased.
          superseded by F.S. § 200.065(2).
65-1942   Zoning. Repealed (subject to
          referendum by) 86-389.
67-702    Authorizes monthly clothing allowance
          for deputy sheriffs.
67-1728   Authorizes county to appropriate
          funds to license clinic.
69-644    Issuance of certain alcoholic beverage
          licenses.
69-1315   Requires motor vehicle accident
          reports.
69-1317   Relates to fees for service of
          summons and subpoenas.
69-1321   Career service council. Amended by
          70-813, 75-443, 75-445, 76-439, 78-
          566, 79-512.
69-1590   Authorizes county to construct and
          operate bridges and crossways (act
          effective upon approval at
          referendum).
73-375    Designates Harry S. Truman Overseas
          Highway.
73-553    Commissions of tax assessor and
          collector. Amended by 74-536.
76-433    Abolishes county waste collection and
          disposal district; transfer of functions
          authorized.
76-434    Abolishes county waste collection and
          disposal district; transfer of functions
          authorized.
                                                                                    Page 9 of 44

76-435                                   Issuance of violation citations by
                                         building and zoning enforcement
                                         officials.
76-438                                   County employees group insurance.
76-441                                   Florida Keys Aqueduct Authority.
                                         Amended by 77-604, 77-605, 80-546,
                                         83-468, 84-483, 84-484, 86-419, 87-
                                         454, 98-519, 2002-337, 2003-304,
                                         2003-327.
79-123                                   Card Sound toll bridge. Amended by
                                         82-320.
79-133                                   Lobster fishing. Converted to
                                         administrative rule by Laws of Fla. ch.
                                         83-134.
79-513                                   Compensation of specific deputy
                                         sheriffs suspended without cause.
80-122                                   Lobster fishing. Converted to
                                         administrative rule by Laws of Fla. ch.
                                         83-134.
80-426                                   Names Dante B. Fascell Bridge.
80-547                                   Alcoholic beverage licenses for
                                         restaurants on U.S. 1.
87-456                                   Authorizes school board use of pari-
                                         mutuel funds.
89-434                                   Solid waste and resource recovery
                                         authority. Act subject to referendum.
89-461                                   Provides job tenure rights for
                                         members of sheriff's office. Same as
                                         Ch. 89-410, which act was repealed
                                         by 97-345, as amended 98-508.
90-500                                   Solid waste and resource recovery
                                         authority. Failed at referendum.
97-345                                   Civil service for sheriff's department.
                                         Amended by 98-507.
99-395                                   Sewage disposal (§§ 4--6 only).
                                         Amended by 2001-337, 2004-455.
2002-337                                 Key Largo Wastewater Control
                                         District. Amended by 2004-457,
                                         2006-335.
2002-346                                 Florida Keys Mosquito Control District.
                                         Amended by 2003-387, 2003-388.
2003-307                                 Lower Florida Keys Hospital District.
2005-329                                 Key Large Emergency Medical
                                         Services District.




Sec. 2. Population acts.

The following chapters of the Laws of Florida applied to the county on a population basis and
were repealed as state acts and converted into ordinances by Laws of Fla. ch. 71-29. Omitted
                                                                                     Page 10 of 44

from this list are acts dealing with compensation of local constitutional officers (such acts
being superseded by general law) and acts applying to the county on a population basis that
dealt with the judicial system. Such latter acts were converted into general laws by Laws of
Fla. ch. 71-29 and are obsolete in light of Fla. Const. art. V and the state funding of the
judicial system. The acts listed below are obsolete and will be repealed by adoption of the
county code.

26361 (1949); requires closing of county offices.
27201(1951), as amended (pop. bracket) 61-1163; easements over lands where no route
of ingress.
28442(1953); primary elections for office of county commissioner.
30215(1955), as amended (pop. bracket) 61-1258; additional alcoholic beverage club
licenses.
30253(1955); lobster traps
30357(1955), as amended (pop. bracket) 61-1138; alcoholic beverage license for
government-operated airports.
30375(1955); airport maintenance and bonds.
57-557, as amended 61-1257; special alcoholic beverage license.
57-566; additional alcoholic beverage club licenses.
57-659, amended (pop. bracket) 61-1307; taking crustaceans by traps.
59-704, as amended (pop. bracket) 61-1137; alcoholic beverage license for Elk's Club.
61-597; alcoholic beverage licenses for motels, hotels and motor courts.
61-733; spearfishing.
61-1714; deputy sheriffs.
63-577; employment of nonresidents for medical practice.
63-586; use of cigarette tax revenue.
63-599; airport maintenance.
63-663; maintenance of county hospital.
63-733; additional alcoholic beverage club license.
63-867; additional alcoholic beverage club licenese.
63-873; deputy sheriffs.
63-977; plats and platting.
63-1048; sheriff compensation and budget.
63-1059; hiring of county service officer.
65-2453; tax millage.
68-67; additional alcoholic beverage club license.
69-595; shrimp fishing and trawlings.
69-683; shrimp fishing.

                                         ARTICLE II.

                                    ADMINISTRATION*

                                         DIVISION 1.

                                        GENERALLY

                                     CHAPTER 63-1659
                                    HOUSE BILL NO. 2337

      AN ACT relating to the board of county commissioners of Monroe County;
                                                                                   Page 11 of 44

      authorizing the erection and maintenance of a lighting system; providing an
      effective date.

Be It Enacted by the Legislature of the State of Florida:

       Section 1. The board of county commissioners of Monroe County is authorized to
erect and maintain a lighting system on the primary road system, school, park and
publicly owned facilities; provided that the board of county commissioners is authorized to
maintain any lighting facilities which it has already erected; provided further that if any
presently maintained facilities are moved their relocation must be in accordance with the
authority granted in this act, either a municipality or the unincorporated area of Monroe
County.

      Section 2. The board of county commissioners shall not be authorized to erect and
maintain any lighting facilities other than those authorized by this act.

      Section 3. This act shall take effect immediately upon becoming a law.

      Became a law without the Governor's approval.

      Filed in Office Secretary of State July 10, 1963.

                                        DIVISION 2.

                               CAREER SERVICE COUNCIL

                                    CHAPTER 69-1321
                                   HOUSE BILL NO. 2658

AN ACT creating a career service council in Monroe County, Florida; providing for its
membership, powers and duties; designating certain employees of certain county officials,
boards, districts and commissions in said county as career service employees; providing
for disciplinary action, procedures for handling employee grievances and procedure for
employee appeals to said career service council; prohibiting certain political activities and
unlawful acts; providing for payment of costs of appeals to said career service council;
providing penalties for violation of this act; repealing all laws and parts of laws, whether
general, special or local, in conflict with the provisions of this act, to the extent of such
conflict; and providing when this act shall take effect.

Be it Enacted by the Legislature of the State of Florida:

      Section 1. There is hereby created in Monroe County, Florida, a career service
council, consisting of five (5) members, four (4) of whom shall be appointed one (1) each
by a majority of each of the following bodies or agencies, the fifth member to be
appointed by the other four (4) members. The members shall serve for a term of two (2)
years each commencing with the effective date of this act:

      (1)    The board of county commissioners of Monroe County, Florida.

      (2)    The Monroe County anti-mosquito district.
                                                                                    Page 12 of 44

      (3)    The Florida Keys aqueduct commission.

      (4)    The utility board of the city of Key West, Florida.

Members of said council shall be citizens and registered voters of Monroe County, Florida.
No elected official of any of the appointing bodies or agencies named in this section, or
any of their employees, shall be members of said council.
(Laws of Fla. ch. 75-443, § 1; Laws of Fla. ch. 75-445, § 1;Laws of Fla. ch. Ch. 76-439, §
1)

       Section 2. The career service council shall hear all appeals arising from the
provisions set forth in this act, and shall adopt rules and regulations for the hearing of
such appeals before said council.

      Section 3. Employees of any of the bodies or agencies referred to in section 1,
having at least one (1) year of satisfactory service, shall be considered career service
employees, subject to the provisions of this act, except the following:

      (1)    Employees contracted with for a specific purpose.

      (2)    The manager of the utility board of the city of Key West, Florida.

      (3)    The manager of the Florida Keys aqueduct commission.

      (4)    The director of the Monroe County anti-mosquito district.

      (5)    Employees of the county officers specified in article VIII, section 1(d), Florida
             Constitution.
(Laws of Fla. ch. 75-443, § ; Laws of Fla. ch. 75-445, § 1; Laws of Fla. ch. 76-439, § 1;
Laws of Fla. ch. 79-512, § 1)

       Section 4. Upon this act becoming a law, all elected officials of Monroe County,
Florida and all bodies or agencies having career service employees shall adopt rules and
regulations for an internal grievance procedure which shall insure that all employees are
afforded fair, equitable and expeditious hearings, without fear of coercion, discrimination
or reprisal by their respective employers. They shall also adopt rules and regulations
setting forth the rules which shall govern the conduct of their employees.

       Each employer having career service employees shall submit his or its internal
grievance procedure to the career service council for approval. For the purposes of this
act, a grievance is defined as the dissatisfaction that occurs when an employee thinks or
feels that any condition affecting him is unjust, inequitable, a hindrance to effective
operation, or creates a problem.

       The decision of the employer shall be final in the case of all grievances, except that
cases of suspension, discharge, reduction in pay and demotion may be appealed by career
service employees to the career service council, as hereinafter provided.

       Section 5. The employment of any career service employee may be terminated only
for cause by the official, body or agency by whom or by which he is employed.
                                                                                     Page 13 of 44

       Section 6. Any career service employee who has been suspended, discharged,
given a reduction in pay or a demotion, shall have the right to appeal said action to the
career service council, by filing a petition with said council within thirty (30) days following
such suspension, discharge, reduction in pay or demotion. Said petition shall be heard by
said council, in accordance with the rules and regulations adopted by it, and all appeals
shall be handled as expeditiously as possible.

       The council shall have power to administer oaths, subpoena witnesses, and compel
the production of books and papers pertinent to any investigation of personnel practices
or hearing authorized by this act, as amended. The failure of any person to appear in
response to a subpoena or to answer any question or produce any books or papers
pertinent to any such investigation or hearing or the knowingly giving of false testimony
therein is declared to be a criminal offense and misdemeanor within the meaning of s.
775.08, Florida Statutes, and shall be punishable as provided by law.

       After hearing said petition, said council may order the reinstatement of said
employee, with or without back pay, or otherwise amend, alter, sustain or reverse the
decision of the employer. Such reinstatement may be ordered pending any judicial review
of the order. In addition, the council may order the employer to pay an amount to be
determined by the council for reasonable attorney's fees, witness fees, and other out-of-
pocket expenses incurred during the prosecution of an appeal against the employer in
which the council sustains the employee. The employer and employee concerned shall be
notified immediately of any action taken by said council, and the decision of said council
shall be binding on all parties concerned.
(Laws of Fla. ch. 76-439, § 2)

      Section 7. (1) No career service employee shall be appointed to or demoted or
            dismissed from any position in the career service, or in any way favored or
            discriminated against with respect to employment in the career service
            because of his political or religious opinions or affiliations.

      (2)    No person shall use or promise to use, directly or indirectly, any official
             authority or influence, whether possessed or anticipated, to secure or
             attempt to secure for any person, an appointment or advantage in
             appointment to a position in the career service, or an increase in pay or other
             advantage in employment in any such position, for the purpose of influencing
             the vote or political action of any person, or for any consideration; provided,
             however, that letters of inquiry, recommendations and references by public
             employees or public officials shall not be considered political pressure unless
             any such letter contains a threat, intimidation, irrelevant, derogatory or false
             information, and provided further, that for the purposes of this section, the
             term "political pressure", in addition to any appropriate meaning which may
             be ascribed thereto by lawful authority, shall include the use of official
             authority or influence in any manner prohibited by this act.

      (3)    No persons shall, directly or indirectly, give, render, pay, offer, solicit or
             accept any money, service or other valuable consideration for or on account
             of any appointment, proposed appointment, promotion or proposed
             promotion to, or any advantage in, a position in the career service.

      (4)    As an individual, each career service employee shall retain all rights and
                                                                                   Page 14 of 44

             obligations of citizenship provided in the constitution and laws of the state of
             Florida and the constitution and laws of the United States of America;
             however, no career service employee shall:

      (a)    Hold or be a candidate for public or political office of the agency by which he
                   is employed while in the career service, or take any active part in a
                   political campaign while so employed or within any period of time
                   during which he is expected to perform services for which he receives
                   compensation as a career service employee, other than his own
                   campaign.

      (b)    Uses the authority of his position to secure support for or oppose any
                   candidate, party or issue in a partisan election, or affect the results
                   thereof.

      (5)    No career service employee or official shall use any promise of reward or
             threat of loss to encourage or coerce any person to support or contribute to
             any political issue, candidate or party.
(Laws of Fla. ch. 70-813 § 1)

       Section 7A. The exercise by the council of the powers, duties, and functions
prescribed by this act shall be reviewable only by the judiciary on the grounds that:

      (1)    The council did not afford a fair and equitable hearing.

      (2)    The decision of the council was not in accordance with existing statutes or
             rules and regulations promulgated thereunder.

      (3)    The decision of the council was not based on substantial evidence.
(Laws of Fla. ch. 76-439, § 3)

        Section 8. Costs of appeals to the career service council, except employee's
attorney fees, shall be paid for by the employer of the employee filing said appeal. Each
agency coming under the career service council shall contribute the sum of two hundred
fifty dollars ($250.00) annually to said career service council, to defray the expenses of
said council. Any of said funds unused by the council shall be returned at the end of each
fiscal year, on a pro rata basis, to the agency contributing same. The career service
council shall furnish annual financial reports to all agencies contributing hereunder.
(Laws of Fla. ch. 70-813, § 2)

       Section 9. Any career service employee who wilfully violates any provision of this
act or of any of the rules or regulations adopted pursuant to the authority herein granted,
shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine
of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), or
by imprisonment for not longer than six (6) months, or by both such fine and
imprisonment.

       Any person who is convicted of a misdemeanor under this act shall be, for a period
of five (5) years, ineligible for appointment to or employment in a position in the career
service, and if he is a career service employee, shall forfeit his position.
                                                                                    Page 15 of 44

       Section 10. In the event that any agency heretofore named shall adopt a civil
service system for their employees than the career service council hereby created shall
serve as the board of appeals for that civil service system.

       Section 11. All laws and parts of laws, whether general, special or local, in conflict
with the provisions of this act, are hereby repealed to the extent of such conflict.

      Section 12. This act shall take effect on October 1, 1969.

      Became a law without the Governor's approval.

      Filed in Office Secretary of State June 29, 1969.

                                         DIVISION 3.

                            EMPLOYEES' GROUP INSURANCE

                                    CHAPTER 63-1635
                                   HOUSE BILL NO. 1690

AN ACT authorizing group insurance for officers and employees of Monroe County, Florida;
     authorizing payment from public funds for the cost thereof; repealing all laws and
     parts of laws, whether general or special, in conflict with this act to the extent of
     such conflict; and providing when this act shall take effect.

Be It Enacted by the Legislature of the State of Florida:

       Section 1. The board of county commissioners of Monroe County, Florida, is hereby
authorized to provide group insurance for the following officers of Monroe County and
their respective employees, viz: Board of county commissioners, clerk of the circuit court,
county judge, sheriff, tax collector, tax assessor, juvenile court judge, judge of the
criminal court of record, and the clerk of said criminal court of record, county solicitor,
judge of the small claims court, justices of the peace, constables, and the supervisor of
registration.

       The amount of insurance of which each such person is insured shall be determined
by said board of county commissioners. This insurance may include coverage for those
relying on prayer or spiritual means alone for healing in accordance with the teachings of
a well recognized church or denomination.

      Section 2. The board of county commissioners of Monroe County, Florida, is hereby
authorized to pay the expenses and costs of such group insurance, or so much thereof as
it may determine, out of the general fund of the county.

      Section 3. All laws and parts of laws, whether general or special, in conflict herewith
are hereby repealed to the extent of such conflict.

      Section 4. This act shall take effect immediately upon its becoming a law.

      Became a law without the Governor's approval.
                                                                                       Page 16 of 44

       Filed in Office Secretary of State June 3, 1963.

                                       CHAPTER 76-438
                                     HOUSE BILL NO. 3927

AN ACT relating to Monroe County; providing that county officials and county employees
     and their dependents, upon retirement, shall continue to be insured under any
     group insurance plan, provided said persons pay to the county the monthly
     insurance premium required under the policy; requiring provisions of this act to be
     included in any county contract for group insurance; setting forth the intention of
     the Legislature in passing this act; repealing all laws, whether general, special or
     local, in conflict herewith; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

       Section 1. Any official or employee of Monroe County, upon retirement shall
continue to be insured, along with their eligible dependents, under any county group
insurance plan provided said person continues to pay the monthly insurance premium
required under said policy.

      Section 2. In letting any contract for group insurance, the Board of County
Commissioners of Monroe County shall require that the provisions of this act be included
in and made a part thereof.

       Section 3. It is the intention of the Legislature in passing this act to insure that
county retirees shall have the benefits of the county group insurance plan at the same
rate as county officials and county employees have.

       Section 4. All laws and parts of laws, whether general, special or local, in conflict
with this act are hereby repealed to the extent of such conflict.

       Section 5. This act shall take effect upon becoming a law.

       Became a law without the Governor's approval.

                                          DIVISION 4.

                                            MAYOR*

        *Editors note--Laws of Fla. ch. 65-1931 was repealed by Ord. No. 15-1979, § 1, adopted
July 31, 1979. The provisions were subsequently reinstated by § 1 of Ord. No. 3-1981, adopted
Mar. 10, 1981. The repeal of the act was of doubtful validity. See Fla. Const. art. VIII, § 6(d);
Davis v. Gronemeyer, 251 So. 2d 1 (Fla. 1971); Spaulding v. St. Johns County, 384 So. 2d 1276
(Fla. 1980).




                                      CHAPTER 65-1931
                                    SENATE BILL NO. 1305

AN ACT designating the Chairman of the Board of County Commissioners of Monroe
                                                                                    Page 17 of 44

      County, Florida, as the Mayor of Monroe County, Florida, and the Vice-Chairman of
      said Board as Mayor Pro Tem of said County; repealing all laws and parts of laws,
      whether general or special, in conflict with this act to the extent of such conflict;
      and providing when this act shall take effect.

Be It Enacted by the Legislature of the State of Florida:

       Section 1. The member of the Board of County Commissioners of Monroe County,
Florida, elected as Chairman of said Board shall be known as the Mayor of Monroe County,
Florida, and the member of said Board appointed as Vice-Chairman of said Board shall be
known as the Mayor Pro Tem of said County, when acting in the absence of the Chairman
of said Board.

       Section 2. All laws and parts of laws, whether general or special, in conflict with this
act are hereby repealed to the extent of such conflict.

      Section 3. This act shall take effect immediately upon its becoming a law.

      Became a law without the Governor's approval.

      Filed in Office Secretary of State June 25, 1965.

                                        DIVISION 5.

                               MEDICAL EXAMINER*
__________
*    Cross References: Health and sanitation, Ch. 9.
__________

                                    CHAPTER 63-1636
                                   HOUSE BILL NO. 1031

AN ACT authorizing the County Commissioners of Monroe County to employ a county
     medical examiner; to fix his qualifications, the term of his employment and his
     compensation; to prescribe the powers and duties of such county medical
     examiner; to provide for autopsies; and requiring such medical examiner to appear
     and testify at coroner's inquests when required; requiring examination of all dead
     bodies intended for cremation by such medical examiner and requiring
     authorization to such disposition and providing for a penalty for violation of such
     provisions; setting effective date.

Be It Enacted by the Legislature of the State of Florida:

       Section 1. There may be employed by the board of county commissioners of
Monroe County a county medical examiner to serve at the pleasure of the board and who
shall be a licensed practicing physician or surgeon of the state. In the event the board of
county commissions employ the county medical examiner authorized by this act, the
remaining provisions of this act shall be effective. Such examiner shall receive as his
compensation the sum of Three Hundred Dollars ($300.00) per month, and as additional
compensation the sum of Ten Dollars ($10.00) per case handled, except in rape cases he
shall receive the sum of Twenty-five Dollars ($25.00), and an additional compensation of
                                                                                     Page 18 of 44

Seventy-five Dollars ($75.00) whenever an autopsy is authorized by the state attorney.
Provided, however, in the event such medical examiner is not certified or eligible for
certification by the American Board of Pathology, he shall not have authority to perform
an autopsy, but shall designate a pathologist who is certified or eligible for certification by
the American Board of Pathology to perform said autopsy, and the pathologist performing
same shall receive the fee for performing said autopsy as herein provided.

       Section 2. The county medical examiner shall give priority and preference to his
duties under the provisions of this act, but may engage in the private practice of medicine
and surgery only to the extent that it will not and does not interfere with or prevent the
performance of his duties as county medical examiner promptly and efficiently, interfere
with or prevent his appearance in court to testify as a witness in connection with any
examination, investigation, finding or any duty performed by him under the provisions of
this act. Said county medical examiner shall be available and subject to call to perform
the duties of this act every hour of the day and night, including Sundays and legal
holidays.

       Section 3. When in Monroe County, any person shall die of criminal violence, by
casualty, by suicide, suddenly when in apparent good health or when unattended by a
physician or other recognized practitioner, in any prison or penal institution or in any
suspicious or unusual manner, the county medical examiner shall have the power and
authority to perform such duties as may be provided by law and by this act and to make
such examinations, investigations and autopsy as may be authorized by the state attorney
for the county.

       Section 4. Upon the report to or determination by any law enforcement officer or
justice of the peace in Monroe County of any death of a human being occurring under the
circumstances and conditions as set forth in section 3 of this act, said officer or justice of
the peace shall immediately notify the state attorney's office when possible, otherwise the
county medical examiner, of the known facts concerning the time, place, manner and
circumstances of said death. Immediately upon receipt of such notification, whether by
the state attorney's office, a law enforcement officer or a justice of the peace, said county
medical examiner shall go to and may take charge of said dead body. Any physical or
portable evidence coming into the possession of said county medical examiner in
connection with said investigation, shall be delivered by him to one of the law
enforcement officers assigned to the investigation of said death when practicable,
otherwise to be retained by said county medical examiner.

        Section 5. If the cause of death shall be established beyond a reasonable doubt, the
county medical examiner shall so report to the state attorney in writing, a copy of said
report to be retained by the county medical examiner for his records and files. If,
however, in the opinion of said state attorney, an autopsy is necessary, the same shall be
performed by the county medical examiner or some other doctor, provided, however, that
said autopsy shall not be performed by anyone other than a certified pathologist or one
eligible for certification by the American Board of Pathologist, and a detailed report of all
findings and conclusions in connection with said autopsy shall be prepared and furnished
said state attorney in writing with all convenient speed, a copy of said report being
retained by the county medical examiner for his records and files. Also, in case of a
coroner's inquest a copy of such report shall be furnished to the justice of the peace, and
attendance of the county medical examiner, or the pathologist making such autopsy at
any such inquest shall be mandatory when requested by the justice holding such inquest.
                                                                                    Page 19 of 44



       Section 6. It shall be the duty of any person who becomes aware of the death of
any person occurring under the circumstances and conditions as set forth in section 3 of
this act to report such death forthwith to the office of the state attorney or to a law
enforcement officer of said county, who likewise shall forthwith notify the office of said
state attorney or the county medical examiner as hereinabove provided.

       Section 7. When any female person shall allegedly have been raped or makes
complaint thereof, the county medical examiner shall forthwith make the necessary and
requisite physical, medical and pathological examination of said female as may be
requested by said state attorney or the sheriff of said county to determine the necessary
and material medical facts in connection therewith. Said county medical examiner shall
deliver to said state attorney a written report of his findings and conclusions as a result of
said examination, retaining a copy of said report for the records and files of said county
medical examiner.

       Section 8. The county medical examiner without consent and approval of the state
attorney may engage, in the performance of his duties, as and when the need thereof is
determined by him, toxicologists, chemists and other specialists or technicians, but he
shall report any such action to the state attorney. The reasonable charge for such service
shall be paid by the county, when approved by the county medical examiner and by the
state attorney.

       Section 9. No dead body shall be cremated within or transported without the county
of Monroe for cremation elsewhere unless prior thereto the same shall have been viewed
and examined by the county medical examiner and the written authorization of said
county medical examiner to such disposition shall have been obtained. Any person
violating any of the provisions of this section shall be guilty of a misdemeanor and shall be
punished as provided for by law.

      Section 10. All funds paid under the provisions of this act shall be paid from the
county fine and forfeiture fund.

       Section 11. If any word, sentence, paragraph or provision of this act, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect the remaining portions and provisions of this act or applications of this act which
can be given effect without the invalid word, sentence, paragraph, provision or
application, and to this end the provisions of this act are declared to be severable.

      Section 12. This act shall take effect October 1, 1963.

      Became a law without the Governor's approval.

      Filed in Office Secretary of State June 7, 1963.

                                        DIVISION 6.

                                 PROPERTY APPRAISING

                                    CHAPTER 63-1653
                                   HOUSE BILL NO. 2059
                                                                                Page 20 of 44



AN ACT relating to and permitting Board of County Commissioners of Monroe County to
     contract with appraisers for extended period; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

      Section 1. The board of county commissioners of Monroe County is authorized to
contract with a company or board of appraisers as provided in section 193.111, Florida
Statutes, for a period not to exceed three (3) years.

      Section 2. This act shall take effect upon becoming a law.

      Became a law without the Governor's approval.

      Filed in Office Secretary of State July 10, 1963.

                                        ARTICLE III.

                                      ADVERTISING

                                        DIVISION 1.

                                       GENERALLY

                                CHAPTER 10858--(No. 836)

AN ACT to Authorize and Empower the County Commissioners of Monroe County, Florida,
     to Levy and Assess Annually, Not More than Three Mills on the Dollar on Assessable
     Value of Real Estate of Monroe County, Florida, for the Purpose of Advantageous
     Advertising and Publicity.

Be It Enacted by the Legislature of the State of Florida:

      Section 1. That the County Commissioners of Monroe County, Florida, are hereby
authorized and empowered to levy and assess upon the assessable property of Monroe
County, Florida, each year, a sum not to exceed three mills on the dollar for publicity
purpose of advertising the advantages of Monroe County as a desirable place for
permanent residence, both for agriculture, health or any business and to employ such
other means through this assessment as may seem desirable to attain the purposes
sought.

        Section 2. That the County Commissioners of Monroe County may designate and
call to its assistance such help as may seem necessary to accomplish the purpose of this
Act.

     Section 3. That this Act shall take effect upon its passage and approval by the
Governor.

      Approved May 13, 1925.

                                        DIVISION 2.
                                                                                   Page 21 of 44



                              ADVERTISING COMMISSION

                                    CHAPTER 65-1938
                                  SENATE BILL NO. 1376

AN ACT creating the Monroe County Advertising Commission; providing for the
     membership of said commission; authorizing and empowering the Board of County
     Commissioners of Monroe County, Florida to raise by taxation and appropriate
     annually funds not in excess of one mill for use by said advertising commission in
     advertising and said Board of County Commissioners for entertainment; declaring
     the powers and purposes of said advertising commission; providing for the
     expenditure of said funds, and prohibiting the use of said funds for certain
     purposes; repealing all laws and parts of laws, whether general or special, in
     conflict with this act to the extent of such conflict; and providing when this act shall
     take effect.

Be It Enacted by the Legislature of the State of Florida:

       Section 1. There is hereby created an advertising commission for Monroe County,
Florida, to be known as the "Monroe County Advertising Commission", which commission
shall consist of nine (9) members. The first members of said commission shall be
appointed by the Board of County Commissioners of Monroe County, Florida, to serve for
a term of one (1) year, expiring on July 1, 1966. Thereafter the members of said
commission shall be appointed by said Board of County Commissioners for a term of one
(1) year, and in the event of a vacancy the said Board of County Commissioners shall fill
same by appointment to fill the unexpired term created by such vacancy.

       Section 2. The purpose of said advertising commission shall be the advertising and
giving publicity to the advantages, facilities and productions of the cities, towns and
adjacent territories within Monroe County, Florida, and to this end may engage in such
advertising within the limits of the funds appropriated for advertising as said advertising
commission may deem appropriate.

        Section 3. In order to finance the purposes of this act, the Board of County
Commissioners of Monroe County, Florida is hereby authorized and empowered to levy
and assess each year upon all the taxable property in said county subject to be assessed
for the purposes of this act, an amount of taxes not exceeding one mill, for the purposes
of this act, and to make appropriation of same for use by the said advertising commission
and the Board of County Commissioners as hereinafter set forth. The money so raised
shall be placed in a fund for the Monroe County, Florida budget, to be known as "Monroe
County, Florida Advertising Budget", and withdrawn therefrom on the requisition of the
said Board of County Commissioners and advertising commission or its order. However,
none of the funds raised pursuant to this act shall be expended for executive or secretarial
salaries or wages of members or employees of said advertising commission. This section
shall not be construed to prevent said advertising commission from contracting with any
duly licensed advertising agencies for advertising purposes within the meaning of this
section.

      Section 4. The Monroe County Advertising Commission shall allocate the sum of
Five Thousand Dollars ($5,000.00) to the Board of County Commissioners, to be
                                                                                          Page 22 of 44

expended at said board's discretion, for the entertainment of individuals and/or groups
that said board determines is appropriate and advantageous to the County.

       Section 5. If the said advertising commission deems it advisable, appropriate and
for the best interest of Monroe County, it may appropriate and allot for expenditure to any
presently organized and existing chamber of commerce duly formed and acting within said
County and recognized by the Florida State Chambers of Commerce, a portion of said
advertising funds, provided said funds are expended by said chambers of commerce for
advertising purposes as set forth in this act, except that none of said allotted funds shall
be used for entertainment purposes or salaries and provided that not more than twenty
per cent (20%) of said advertising fund is allotted to said chambers of commerce in any
one year based upon the millage collected in the area each chamber serves. In order to
determine whether expenditures by said advertising commission and chambers of
commerce are for advertising purposes as set forth in this act, said advertising
commission and chambers of commerce must submit any proposed expenditure of funds
allotted hereunder to the Board of County Commissioners for determination as to whether
or not said expenditure is for advertising purposes within the meaning of this act, and to
ascertain if funds are available. Any expenditure not previously approved by said Board of
County Commissioners shall not be paid out of any of the advertising funds allotted
hereunder.

       Section 6. All laws and parts of law, whether general or special, in conflict with this
act are hereby repealed to the extent of such conflict.

         Section 7. This act shall take effect immediately upon its becoming a law.

         Became a law without the Governor's approval.

         Filed in Office Secretary of State June 25, 1965.

                                             ARTICLE IV.

                                                                2
                                      ANIMALS AND FOWL

                                        CHAPTER 63-1637
                                       HOUSE BILL NO. 1033

AN ACT relating to the creation of county pounds in Monroe County; the appointment of
     an impounding officer, and defining his rights, authorities and duties, and to
     provide for the impounding and disposition of animals believed to be strays, or
     believed to be infected with rabies or other diseases, found in any area of Monroe
     County, lying outside of the corporate limits of any municipalities; prescribing and
     conferring certain rights, duties and powers on the Board of County Commissioners
     of said County in relation thereto; authorizing agreements with persons, firms,
     corporations or humane societies in said County, and for the financing of the
     purposes of this act; providing for a penalty for violation thereof; providing effective
     date.


2
    Legal Analysis: Laws of Fla. ch. 63-1637 should be deleted as the county relies on F.S. § 828.28,
         the penalty in this act not agreeing with the county ordinance.
                                                                                   Page 23 of 44

Be It Enacted by the Legislature of the State of Florida:

      Section 1. The board of county commissioners of Monroe County, in behalf of said
county, is hereby empowered and authorized to create, institute and construct county
pounds and maintain therein all animals running at large or believed to be strays, or
animals having or believed to have rabies or any infectious disease, or animals not
vaccinated as hereinafter provided.

       Section 2. The board of county commissioners of Monroe County is authorized and
empowered to enter into agreements with any person, firm or corporation in the county
for the creation of the pounds provided, and for the enforcement and carrying out of the
other purposes of this act.

       Section 3. The board of county commissioners of Monroe County is empowered and
authorized to appoint the sheriff of Monroe County, or an employee of a non-profit
organization whose sole purpose and existence is the humane treatment of animals, or
such person or persons being residents of Monroe County, as the board of county
commissioners may see fit to select, who shall be known as the impounding officer of
Monroe County. The board of county commissioners may employ the impounding officer
and pay such compensation as it deems advisable, or it may enter into such contracts
with said humane organization or such other person or persons as it may see fit to
appoint as may be deemed advisable, to compensate them for their activities thereunder.
The impounding officer so appointed, if other than the sheriff, shall give bond in the sum
of one thousand dollars ($1,000.00) to faithfully discharge the duties of this office; that
such officer shall have full and complete authority to pick up, catch or procure any animal
roaming at large in any area of Monroe County lying outside the corporate limits of any
municipality or believed to be a stray, or any animal infected with rabies, or believed to be
so infected, or infected with any other contagious or infectious disease, or believed to be
so infected, and cause such animal to be impounded in a suitable establishment.

       Section 4. The board of county commissioners is hereby granted full and complete
power to promulgate and establish impounding fees and per diem rates for board while
keeping such animals so impounded, which said fees and rates shall be reasonable, and
shall be paid by the owner of said animal so impounded before such animal is released,
and to promulgate and make effective rules and regulations relating to the subject hereof
which, in the opinion of said board, will further guarantee and protect the health and
safety of the citizens of Monroe County.

        Section 5. Vaccination of Dogs required.--Prior to the date to be set by the board of
county commissioners every owner of a dog shall cause such dog to be vaccinated against
rabies annually by a licensed veterinarian or other properly qualified person designated by
the county commissioners. Evidence of vaccination shall consist of a county certificate
signed by the person administering the vaccine and containing pertinent data for
identification of the dog. One (1) copy of the certificate shall be given to the owner, one
(1) filed with the county impounding officer and one (1) retained by the person
administering the vaccine.

       Section 6. Dogs to wear tags.--Coincident with the issuance of the certificate of
inoculation as prescribed in the preceding section, the person administering the vaccine
shall attach a metal serially numbered county tag to the collar or harness of the dog and
which must be worn at all times. The certificate and tag whose shape shall be changed
                                                                                           Page 24 of 44

each year shall be furnished by the county to those designated as qualified to administer
rabies vaccine to dogs under this act at a reasonable cost to be fixed by the board of
county commissioners. No other certificates or tag shall be valid under the provisions of
this act. All certificates and tags voided or unused must be accounted for to the county
impounding officer. A reasonable fee shall be charged for the issuance of a duplicate tag
when the original has been lost. Funds accruing to the county from the sale of certificates
and tags shall be placed in the general fund of the county.

       Section 7. In the event any animal is impounded because of any infectious or
contagious disease mentioned above, the board of county commissioners or the
impounding officer shall have full and complete authority to procure services of a trained
veterinary surgeon, in order to treat such disease, if in the opinion of such persons it can
be successfully treated, and in the event the board or such impounding officer is of the
opinion that the health and safety of the citizenry of Monroe County would be jeopardized
by the continued existence of such infected animal, then such animal may be killed and
the remains disposed of without any compensation being paid to the owner. In the event
the owner of any impounded stray fails to reclaim it within five (5) days from the
impounding date, said board or such impounding officer may make disposition of such
stray in any manner it deems advisable, including the gift or sale of such animal.

      Section 8. It is hereby declared to be unlawful for any person, firm or corporation to
permit the running at large of any animal or stray, whether same be diseased or
otherwise, unless vaccinated.

       Section 9. The cost of carrying out the purposes of this act may be paid from the
general fund of the county or from any other fund of the county in which funds may be
available in the discretion of the board of county commissioners.

      Section 10. Any person, firm or corporation violating any of the rules or regulations
promulgated by said board, or the provisions of this act shall be punished by a fine of not
more than one hundred dollars ($100.00) or by imprisonment in the county jail for not
more than one (1) month, or by both fine and imprisonment.

         Section 11. This act shall take effect immediately upon its becoming a law.

         Became a law without the Governor's approval.

         Filed in Office Secretary of State June 7, 1963.

                                              ARTICLE V.

                           BUILDING AND ZONING REGULATIONS3

                                             DIVISION 1.

                                             GENERALLY

                                          CHAPTER 61-2503

3
    Legal Analysis: Laws of Fla. ch. 61-2503 should be deleted, as the county ignores it. Portions are
         inconsistent with statutory proceudres.
                                                                                   Page 25 of 44

                                   HOUSE BILL NO. 2431

AN ACT authorizing and empowering the Board of County Commissioners of Monroe
     County, Florida, to adopt zoning and building regulations in the territory within
     Monroe County which is not included in the corporate limits of any city or town;
     authorizing and empowering said Board of County Commissioners to divide said
     territory into districts or zones, and to regulate and restrict the uses of lands,
     water, buildings and other structures for trade, industry, residence or other
     purposes within said districts or zones, and to regulate and restrict the
     construction, reconstruction, erection, alteration, repair, height, number of stories,
     size and location of buildings and other structures within said districts or zones, and
     to regulate and restrict the area, dimensions and size of lots or tracts of land or
     yards, and the percentage and portion of lots that may be occupied in connection
     with the construction and location of buildings or other structures within said
     districts or zones; authorizing the adoption, change and enforcement of codes;
     providing for the method of procedure and appointment of a Zoning Board and
     prescribing its powers and duties; appointment of a Board of Adjustment and
     prescribing its powers and duties, and of administrative officials and their powers
     and duties; providing for certain appeals to such Board of Adjustment from orders,
     requirements, decisions, determinations or actions of administrative officials;
     providing for review by the Board of County Commissioners of decisions and actions
     taken by the Board of Adjustment and Zoning Board; limiting the time for taking
     such appeals or applying for such reviews; providing for application to the Circuit
     Court of the County for relief in certain cases, and limiting the time in which such
     application may be made; authorizing a system of fees to be charged, and
     authorizing expenditures in order to carry out the provisions of this Act; prescribing
     procedures of enforcing the rules, orders and regulations adopted under authority
     of this Act; and prescribing penalties for the violation of this Act or any code;
     repealing all laws and parts of laws in conflict herewith; ratifying actions taken by
     said Board of County Commissioners under Chapter 59-1576, Laws of Florida, Acts
     of the Legislature, year 1959; and providing when this Act shall take effect.

Be It Enacted by the Legislature of the State of Florida:

       Section 1. Grant of Power.--For the purpose of promoting the health, safety, morals
and general welfare of the community, the Board of County Commissioners of Monroe
County, Florida, is hereby authorized and empowered to adopt zoning and building
regulations in the territory within Monroe County which is not included in the corporate
limits of any city or town, and to divide such territory into districts or zones, and to
regulate and restrict the uses of lands, water, buildings and other structures for trade,
industry, residence or other purposes within said districts or zones, and to regulate and
restrict the construction, reconstruction, erection, alteration, repair, height, number of
stories, size and location and use of buildings and other structures within said districts or
zones, and to regulate and restrict the area, dimensions and size of lots or tracts of land
or yards, and the percentage and portion of lots that may be occupied in connection with
the construction and location of buildings or other structures within said districts or zones.

       Section 2. Districts.--For any and all of said purposes said Board of County
Commissioners may divide such territory into districts of such number, shape and area as
may be deemed best suited to carry out the purposes of this Act. All such regulations and
restrictions shall be uniform for each class or kind of property and building throughout
                                                                                     Page 26 of 44

each district, but the regulations in one district may differ from those in other districts.

       Section 3. Purposes in View.--Such regulations and restrictions shall be made in
accordance with a comprehensive plan and designed to lessen congestion on the
highways; to secure safety from fire hazards, panic and other dangers; to promote health
and the general welfare; to provide adequate light and air; to prevent the overcrowding of
land and water; to avoid undue concentration of population; to facilitate the adequate
provisions of transportation, water, sewage, schools, parks and other public requirements.
Such regulations shall be made with reasonable consideration, among other things, to the
character of the district and its peculiar suitability for particular uses, and with a view to
conserving the value of buildings and encouraging the most appropriate use of land and
water throughout such county.

       Section 4. Codes.--Said Board of County Commissioners is authorized and
empowered to adopt, change and enforce electrical, plumbing, building and such other
codes deemed by such Board to be necessary for the accomplishment of the purposes of
this Act, and to employ and fix the compensation of inspectors of electrical, plumbing,
buildings and any other work for the doing of which a permit shall have been issued.

       Section 5. Method of Procedure.--The said Board of County Commissioners is
hereby authorized by resolution to establish the boundaries of such districts or zones, to
promulgate regulations and restrictions to prevail therein, and from time to time to
amend, supplement or change the same in accordance with the provisions of this Act.
However, no such regulation, restriction or boundary or change of same shall become
effective until after a public hearing in relation thereto, at which parties in interest and
citizens shall have an opportunity to be heard. At least fifteen (15) days notice of the time
and place of such hearing shall be published in a newspaper of general circulation
published in said county. The said notice shall describe the district or districts, or zone or
zones, to be affected with sufficient certainty to advise the property owners therein that
their property is to be affected, but need not describe the proposed plans or details
thereof. At the hearing all persons interested shall be heard for or against the proposal
and any other plans or modification thereof shall receive the consideration of the said
Board of County Commissioners and/or Zoning Board. The hearing may be adjourned
from time to time until some plan or proposal is adopted, or until all are rejected.

        Section 6. Recording.--The Board of County Commissioners may records in the
official records of the county a certified copy of such resolutions adopted under this Act, or
parts thereof, as said Board may deem advisable.

      Section 7. Administration.--The Board of County Commissioners of said county is
hereby authorized and empowered to appoint a Zoning Director and/or such other county
employees as said Board may determine to enforce and administer the provisions of this
Act and any order or resolution made under authority hereof.

      Section 8. Zoning Board.--

      (1)    There is hereby established a Zoning Board consisting of five (5) members
             appointed by the Board of County Commissioners. Members of the Zoning
             Board serve during the pleasure of the Board of County Commissioners. Each
             member shall receive fifty dollars ($50.00) per month salary, and mileage in
             accordance with applicable law for expenses incurred in the performance of
                                                                                 Page 27 of 44

             their official duties.

      (2)    The Zoning Board shall have the authority and duty to consider and act upon
             applications for District Boundary changes, after a public hearing as
             prescribed in Section 5. All decisions of the Zoning Board covering District
             Boundaries shall be by resolution concurred in by three (3) members of the
             Zoning Board, and shall become final after twenty-one (21) days from the
             date of said decision, unless appealed to the Board of County Commissioners.
             All appeals from decisions of the Zoning Board shall be filed with the County
             Zoning Director on forms prescribed by the County Commission,
             accompanied by a reasonable fee set by the County Commission, within
             twenty-one (21) days and not thereafter. An appeal from a decision of the
             Zoning Board may be taken by an applicant or his agent, or an aggrieved
             party whose name appears in the record of the Zoning Board. The Board of
             County Commissioners, after considering said appeal, shall by resolution
             either confirm, modify or reverse the decision of the Zoning Board.

      (3)    In addition to the duties and authority vested in the Zoning Board, covering
             District Boundary amendments, the Zoning Board shall act in an advisory
             capacity to the Board of County Commissioners, and make such studies and
             investigations as requested by the Board of County Commissioners. Any
             proposal or request for a change in the County Zoning Regulations, or
             restrictions thereto, will be filed with the Zoning Board, and every such
             proposal or request shall be considered by the Zoning Board after a public
             hearing, as prescribed in Section 5 and transmitted thereafter to the Board of
             County Commissioners with the recommendations of the Zoning Board,
             either favorable or unfavorable.
(Laws of Fla. ch. 61-2510, § 1)

       Section 9. Board of Adjustment.--Whenever the Board of County Commissioners
have determined to exercise the powers conferred by this Act, it shall thereupon appoint a
Board of Adjustment, and it shall be the duty of said Board of Adjustment, in appropriate
cases and subject to appropriate conditions and safeguards, to make special exceptions to
the terms of any regulation or restriction in harmony with the general purpose and intent,
and in accordance with general or specific rules therein contained.

      Such Board of Adjustment shall consist of five (5) members, each to be appointed
by the Board of County Commissioners for a term of one (1) year, or until a successor is
appointed, and removable by a three-fifths ( 3/5) vote of the Board of County
Commissioners. Vacancies shall be filled for the unexpired term of any member whose
term becomes vacant.

       Such Board of Adjustment shall adopt rules in accordance with the provisions of any
resolution or regulation of the Board of County Commissioners adopted pursuant to this
Act. Meetings of the Board shall be held at the call of the Chairman or Secretary and at
such other times as the Board may determine. Such Chairman, or in his absence the
Acting Chairman, may administer oaths and compel the attendance of witnesses. All
meetings of the Board shall be open to the public. The Board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or, if absent or failing
to vote, indicating such fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of the Board of County
                                                                                    Page 28 of 44

Commissioners of any such county and shall be a public record.

       Appeals to the Board of Adjustment may be taken by any person aggrieved on
account of any decision of or act by any administrative official charged with the
enforcement of the provisions of this Act and of any regulations or restrictions made
under authority of this Act; provided, however, that no appeal to such Board of
Adjustment shall lie from any act by such administrative official pursuant to an order or
resolution of the Board of County Commissioners specifically directing him to perform
such act. Such appeal may be taken within thirty (30) days, but not thereafter, after such
act or decision by the administrative official, by filing with the administrative official and
with the Board of Adjustment a notice of appeal, specifying the grounds thereof. The
administrative official from whom the appeal is taken shall forthwith transmit to the Board
of Adjustment all the papers constituting the record upon which the action appealed from
was taken.

        An appeal shall stay all proceedings concerning the matter appealed from, unless
the administrative official from whom the appeal is taken certifies to the Board of
Adjustment, after the notice of appeal shall have been filed with him, that, by reason of
facts stated in the certificate, stay, in his opinion, would cause imminent peril to life or
property. In such case, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Adjustment, by the Board of County
Commissioners or by the Circuit Court of the county, on notice to the administrative
official from whom the appeal is taken, and on due cause shown. The Board of Adjustment
shall fix a reasonable time for the hearing of the appeal, give public notice thereof by
publication one time in a newspaper of general circulation in the county, as well as due
notice to the parties in interest, and decide the question on appeal within a reasonable
time. Upon the hearing on such appeal any party may appear in person or by agent or
attorney.

      The Board of Adjustment shall have the following powers:

      (1)    To hear and decide appeals where it is alleged there is error in any order,
             requirement, decision, determination or action of any administrative official
             charged with the enforcement of the provisions of this Act and of any
             regulations or restrictions made under authority hereof, unless such order,
             requirement, decision, determination or action shall have occurred pursuant
             to an order or resolution of the Board of County Commissioners specifically
             directing such administrative official concerning the same.

      (2)    To authorize upon appeal in specific cases such variances from the terms of
             the regulations or restrictions as will not be contrary to the public interest,
             where, owing to special conditions, a literal enforcement of the provisions
             thereof will result in unnecessary hardship, and so that the spirit of the
             regulations or restrictions shall be observed and substantial justice done.
             However, that no use variances shall be granted by the Board of Adjustment.

       In exercising the above mentioned powers, the Board of Adjustment may reverse or
affirm, wholly or partly, or may modify any decision or action of any administrative official
charged with the enforcement of the provisions of this Act and of regulations or
restrictions made under authority of this Act, and may make such decision or take such
action as such administrative official should have made or taken. To that end it shall have
                                                                                    Page 29 of 44

the powers of the administrative official from whom the appeal is taken. In order to
reverse any decision or action of such administrative official, the concurring vote of not
less than three (3) members of the Board of Adjustment shall be necessary.

       The Board of Adjustment shall file with the Board of County Commissioners a full
report of all proceedings had before it on each appeal and of its decision and any action
taken thereon, within fifteen (15) days after its decision or action, excluding Saturdays,
Sundays and holidays.

        Any decision or action that may be taken by the Board of Adjustment shall be
reviewed by the Board of County Commissioners, upon petition for review duly filed with
the Board of County Commissioners. Such petition for review may be made by any person
or persons, jointly or severally, aggrieved by any decision or action of the Board of
Adjustment, or by any taxpayer. It is specifically provided, however, that petition for
review may be filed with the Board of County Commissioners within thirty (30) days after
the filing with said Board of the report of any decision or action made or taken by the
Board of Adjustment, but no later.

       The Board of County Commissioners, of its own motion may, within thirty (30) days
after the filing with it of a report of any decision or action by the Board of Adjustment, but
no later, review such decision or action.

       Upon any review of a decision or action of the Board of Adjustment, the Board of
County Commissioners may affirm or reverse the same, in whole or in part, and take, or
direct to be taken, such further proceedings or action as in its judgment should be taken.
Every decision or direction shall be recorded in the minute book of such Board.

       Section 10. Applications to Court for Relief. Any person or persons, jointly or
severally, who may be aggrieved by any regulation, restriction or resolution adopted by
the Board of County Commissioners pursuant to this Act, or any taxpayer of the county,
may within ten (10) days after the adoption of said regulation, restriction or resolution,
apply to such Board for a modification or rescission thereof. If such modification or
rescission should be refused, any such person or persons may, within thirty (30) days
after such refusal, but not thereafter, apply to the Circuit Court of the county for relief.

        Any person or persons, jointly or severally, who may be aggrieved by any decision
of the Board of County Commissioners made pursuant to a review of any decision or
action of the Zoning Board or the Board of Adjustment, or any taxpayer, may, within
thirty (30) days after such decision, but not thereafter, apply to said Circuit Court for
relief.

        There shall be no right to apply to the Court for relief on account of any order,
requirement, decision, determination or action of any administrative official unless there
shall first have been an appeal therefrom to the Board of Adjustment and a review of its
decision or action taken thereon by the Board of County Commissioners, or on account of
any decision or action of the Board of Adjustment or the Zoning Board, unless there shall
first have been a review thereof by the Board of County Commissioners, all as provided
for in this Act. It is the intention of the Legislature that all steps as provided in this Act
with regard to appeal and review shall be taken before any application may be made to
the Court for relief from matters or things appealable and reviewable hereunder and that
relief through the Courts shall be had only from decisions, regulations, restrictions and
                                                                                   Page 30 of 44

resolutions made by the Board of County Commissioners.
(Laws of Fla. ch. 65-1910, § 1)

       Section 11. Permit, Recording, Hearing and Inspection Fees.--The Board of County
Commissioners is authorized and empowered by resolution to fix reasonable permit,
recording, hearing and inspection fees to be charged by the county for such permits,
recordings, hearings, examinations and inspections as said Board may determine is
necessary in the administration of the provisions of this Act. Such fees shall be deposited
in the General Fund of said county.

       Section 12. Appropriation.--The Board of County Commissioners of the county is
hereby authorized to appropriate and pay out of the General Fund of such county,
annually, such monies as in the judgement of said Board may be necessary for the
purpose of defraying the expense of zoning such county, operating and administering the
provisions of this Act, and all resolutions promulgated hereunder.

      Section 13. Penalties.--Any person, firm, corporation, association or other group or
body who shall violate any of the codes, regulations, restrictions and limitations
promulgated under the authority of this Act shall be guilty of a misdemeanor.

       Section 14. Remedies.--The violation of any of the codes, regulations, restrictions
and limitations promulgated under the provisions of this Act may be restricted by
injunction, including a mandatory injunction, and otherwise abated in any manner
provided by law, and such suit or action may be instituted and maintained by said Board
of County Commissioners, by any taxpayer within said county, or by any person affected
by the violation of any such regulation, restriction or limitation.

       Section 15. Repeal.--Chapter 59-1576, Laws of Florida, and all laws or parts of laws
in conflict herewith are hereby repealed.

       Section 16. Ratifying.--All actions taken by the Board of County Commissioners
heretofore under Chapter 59-1576, Laws of Florida, excepting those heretofore declared
invalid by the Courts, are hereby validated, ratified and approved.

       Section 17. Saving Clause.--If any section, part of section, paragraph or clause of
this Act shall be held to be unconstitutional or void, the remaining provisions of this Act
shall nevertheless remain in full force and effect.

     Section 18. Effective Date.--This Act shall take effect immediately upon its
becoming a law.

      Became a law without the Governor's approval.

      Filed in Office Secretary of State June 22, 1961.


                                        DIVISION 2.
                                                                                         Page 31 of 44

                    CONDEMNATION OF BUILDINGS AND STRUCTURES4

                                        CHAPTER 63-1633
                                       HOUSE BILL NO. 1036

AN ACT authorizing and empowering the director of building and zoning of Monroe County
     to condemn buildings, residences and other structures which are obsolete and
     which have become dangerous to the public or as a fire hazard; to declare the same
     a nuisance; authorizing said director to require removal of such structures or to
     demolish, tear down or destroy such condemned buildings; providing for notice to
     the owners of such condemned structures; providing procedures for appealing to
     the Board of County Commissioners; providing for impressing a lien for the cost of
     removal on the underlying realty.

Be It Enacted by the Legislature of the State of Florida:

      Section 1. The director of building and zoning of Monroe County is authorized to
and shall enforce the terms of this act.

        Section 2. Determination of condition of building.--Whenever any building or
structure in Monroe County, outside any municipality, which by reason of fire, age, decay,
deterioration, structural defects, improper design, unstable foundation, termites, or other
causes shall be dangerous to the occupants thereof or to surrounding buildings and the
occupants thereof, a menace to public health, a fire hazard, or unsafe so as to endanger
life or property or render the use of the public streets dangerous and shall be damaged,
deteriorated, or defective to such an extent that the cost of restoration or repair hereof
will exceed fifty per cent (50%) of the value thereof after restoration or repair, such
building or structure is hereby declared to be unsafe and to constitute a nuisance.

      Section 3. Determination of interested parties.--When the director of building and
zoning of Monroe County verifies the existence of a building or structure which is unsafe
or which constitutes a nuisance as above set out, it shall be his duty to determine the
owner, occupants, tenants, mortgagees, possessors of, and parties having interest of
record in the real estate upon which the building or structure is located, and send a notice
and order of condemnation to said parties in the form and the manner hereinafter set out.

       Section 4. Contents of notice and orders.--Such notices and orders shall be in
writing with an accurate description of the building or structure and the realty of which it
is a part, and shall in general terms describe the condition which brings the building or
structure in violation of this act and shall state what the director of building and zoning
orders to be done about the condition and the date within which the work ordered done is
to be completed. This notice and order shall be served, mailed, posted, or published, not
less than thirty (30) days, nor more than sixty (60) days, from the time upon which the
work to be done is to be completed.

      Section 5. Order of director of building and zoning.--The director of building and
zoning may order the vacation, demolition, or removal of any unsafe building or structure
as herein defined, and may order the repair, restoration, or replacement of any part or

4
    Legal Analysis: Laws of Fla. ch. 63-1633 should be deleted, as the county ignores it. See 1979
         Code § 6-4.
                                                                                   Page 32 of 44

parts of any building in Monroe County, outside any municipality when any such part or
parts by reason of fire, age, decay, deterioration, structural defects, improper design,
unstable foundation, termites, or other causes shall be dangerous to the occupants
thereof or to surrounding buildings and the occupants thereof, a menace to public health,
a fire hazard, or so unsafe as to endanger life or property or render the use of the public
streets dangerous and the cost of repairing, restoring, or replacing any such part or parts
will not exceed fifty per cent (50%) of the building or structure after such repair,
restoration or replacement, and, in default of the owner or other parties in interest
repairing, restoring, or replacing such part or parts of such building or structure within a
reasonable time fixed in said order, to order the vacation of the premises until compliance
with the order.

        Section 6. Service of notice of order.--The director of building and zoning shall see
to it that this notice and order of condemnation is delivered to the interested parties by
personally delivering a copy thereof to the party to be notified, or by leaving such copy at
his usual place of abode with some person of the family above fifteen (15) years of age
and informing such person of the contents thereof or by either registered or certified
United States mail with return receipt requested or, if the name of any such party or his
place of residence or his post office address cannot be ascertained after diligent search, or
in the event a notice sent by either registered or certified mail shall be returned
undelivered and the person to be notified is not residing within the county, by publishing a
copy thereof one time in a newspaper of general circulation within said county and, if the
name of such party is known, mailing a copy thereof to his last known address; a copy of
all such notices and orders shall be posted in a conspicuous place upon such building or
structure.

       Section 7. Condemnation by building and zoning director, chief building inspector,
and chief of volunteer fire department in the area where building or structure to be
condemned is located.--Whenever, in the opinion of the building and zoning director, any
building, staging, or other structure or anything attached to or connected with a building
or other structure shall become unsafe so as to endanger life or property, he shall notify
the chief building inspector and the chief of the volunteer fire department in the area
where the building or structure to be condemned is located, and the three (3) of them,
the chief building inspector, the aforesaid fire chief, and the building and zoning director,
shall make a close inspection of such building or other structure, and if, in the opinion of a
majority of them, it shall be determined that the said building or other structure is so
unsafe as to endanger life or property, they shall cause the building and zoning director to
notify the owner, or other party having an interest in the said building or other structure
of their decision, and immediately upon receipt of such notice the said owner or other
party shall cause the same to be made safe and secure or taken down, and when public
safety requires immediate action the building and zoning director may enter upon the
premises with such assistants as may be necessary, and cause the said structure to be
secured or taken down without delay, at the expense of such owner or party interested.

        Every building which shall appear to the building and zoning director to be
especially dangerous in case of fire by reason of bad condition of walls, overloaded floors,
defective construction, decay, or other causes, shall be held to be unsafe; and the
building and zoning director, besides proceeding as provided in the preceding paragraph,
shall also affix a notice of the dangerous character of the structure to a conspicuous place
on the exterior wall of said building; any person removing such notice so affixed shall be
liable to punishment as hereinafter prescribed.
                                                                                    Page 33 of 44



       The owner or party having an interest in the unsafe building or structure mentioned
in the two preceding paragraphs, being notified thereof in writing by the building and
zoning director, and fails to remedy same, shall be punished as hereinafter prescribed.
(Ch. 65-1911, § 1, Laws of Florida)

       Section 8. Extension of time to comply.--If the interested parties shall have in good
faith and in due time begun work to comply with the order but it appears that they will not
be able to complete the work by the date ordered, they may file a written request stating
the reasons they have been unable to complete compliance and if reasonable grounds are
shown therefor, the building and zoning director is authorized to issue an amended order
authorizing an extension of time not to exceed fifteen (15) days in which to complete
compliance with the order.

       Section 9. Action on failure to comply.--In the event that the owner or other parties
in interest shall fail to comply with any such order within the time therein fixed, the
county of Monroe, acting through its building and zoning director, is authorized to vacate,
demolish or remove any such building or structure either with county forces or by
independent contractor, submitting the lowest and best bid.

       Section 10. Assessment of cost.--In the event the building and zoning director
proceeds under the foregoing section, the board of county commissioners of Monroe
County shall by proper resolution assess the entire cost of such vacation, demolition or
removal against the real property upon which such cost was incurred, which assessment,
when made, shall constitute a lien upon said property superior to all others except taxes.
Said lien shall be filed among the public land records of Monroe County. The resolution of
assessment and lien shall show the nature of such assessment and lien, the amount
thereof, and an accurate description of the property affected thereby; such lien shall date
from the date of filing such notice of lien, shall bear interest from said date at the rate of
six per cent (6%) per annum, and shall be enforceable, if unsatisfied after the expiration
of two (2) years from the date of filing of such notice of lien by foreclosure in a court of
equity.

       Section 11. Appeal.--If any interested party has been aggrieved in that a legal right
has been denied or violated or the order is not justified by the facts, he may within fifteen
(15) days after the service of the notice and order filed with the building and zoning
director's office a notice of appeal in a form to be prescribed by the building and zoning
director. The notice of appeal shall specify wherein the appealing party's rights have been
denied or the facts which show the order is not justified. Immediately upon the filing of
said appeal, the building and zoning director shall transmit the notice of appeal with the
original or copies of all matters pertaining to the condemnation of the particular building
or structure to the board of county commissioners of Monroe County. The said board shall
send a notice to the party appealing and to the building and zoning director of a date upon
which it will hold a hearing on the appeal. This notice shall be served at least seven (7)
days prior to the hearing, which shall be held not later than sixty (60) days after this
notice. The filing of the notice shall stay all proceedings under the notice and order. The
board of county commissioners shall review the file and shall hear the evidence of any and
all parties appearing in said appeal, and after a full hearing of the material evidence
presented on the issues shall by resolution approve, modify, or cancel the actions of the
building and zoning director.
                                                                                   Page 34 of 44

       Section 12. Determination on appeal.--The board of county commissioners shall,
after full hearing, determine whether the building or structure involved in the hearing is,
in fact, a nuisance as defined herein, or otherwise legally subject to condemnation in
conformity with all constitutional rights. If the appellant shows by competent evidence
that the building or structure does not constitute a nuisance as herein set out, or that a
constitutional right has been violated, the notice and order of the building and zoning
director shall be quashed. If no such showing appears, the notice and order shall be
sustained. The board shall have the right to make modifications of the order where the
evidence shows that equity and justice demand some modification thereof.

       Section 13. Appeal procedure.--The board of county commissioners of Monroe
County shall have the power to conduct hearings in a manner to regulate the admissibility
of cumulative evidence and may require on further notice to the parties that they file and
serve a brief and simple written statement of the main fact or facts upon which they
contend their rights have been in any way violated or prejudiced. Upon receipt of such
written statement the board shall be authorized to enter its order if the record as a whole
clearly refutes the existence of the necessity of any evidence to establish the complaint in
the notice of appeal or if the complaint is of some matter immaterial to the proceedings
herein provided for.

      Section 14. Appearance by counsel.--Any party appearing before this board may
appear in person or by counsel, but may not appear through any person otherwise a
stranger to the record.

      Section 15. Penalties for violation.--It shall be unlawful for any person to violate
any provision of this act or any order of the building and zoning director issued pursuant
to authority granted in this act, or to remove, mutilate or deface any notice or order
provided for herein and any person committing any of said violations shall be guilty of a
misdemeanor and subject to punishment as provided by law.

      Section 16. Remedies herein in addition to existing condemnation rights.--The
remedies provided in this act shall be cumulative and in addition to the other remedies
provided for the condemnation proceedings of unsafe buildings.

      Section 17. This act shall take effect immediately upon its passage and approval of
the Governor, or upon its becoming a law without such approval.

      Became a law without the Governor's approval.

      Filed in Office Secretary of State May 30, 1963.

                                        DIVISION 3.

                                 VIOLATION CITATIONS

                                     CHAPTER 76-435
                                   HOUSE BILL NO. 3557

AN ACT relating to Monroe County; authorizing county building and zoning enforcement
     officials to issue citations for violations of county ordinances; providing procedures
     for the disposition of citations and for prosecutions therefor; providing an effective
                                                                                    Page 35 of 44

      date.

Be It Enacted by the Legislature of the State of Florida:

        Section 1. Any Monroe County building or zoning enforcement official designated by
resolution of the Board of County Commissioners of Monroe County may issue citations for
violations of any Monroe County ordinance; provided however, that such enforcement
officials shall not have the power of arrest nor be subject to the provisions of s. 23.061--
23.078, F.S., relating to the Police Standards Board.

       Section 2. 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 the issuing
officer and cited person, and the date of the violation and mandatory court appearance.

       Section 3. Every designated Monroe County ordinance enforcement official, upon
issuing an ordinance violation citation to an alleged violator shall deposit the original and
one copy of such ordinance citation with the county court having jurisdiction over the
alleged ordinance violation offense.

       Section 4. Upon the deposit of the original and one copy of such ordinance citation
with the court having jurisdiction over the alleged offense as aforesaid, the original or
copy of such citation may be disposed of only by trial in the court or other official action
by a judge of the court, including the imposition of a fine or imprisonment as provided by
law.

       Section 5. Upon receipt of the original and one copy of such ordinance citation, the
clerk of the county court shall immediately forward the copy of said citation to the
prosecutorial officer having jurisdiction to prosecute in said court.

      Section 6. The citation once so filed with the clerk of the court shall constitute the
accusory instrument and docket entry upon which prosecution and trial may be made.

      Section 7. This act shall take effect upon becoming a law.

      Became a law without the Governor's approval.

                                         ARTICLE VI.

                                    FIRE PREVENTION

                                    CHAPTER 63 1660
                                   HOUSE BILL NO. 2338

AN ACT relating to the board of county commissioners of Monroe County; authorizing the
     board to provide for the maintenance of the county fire equipment and fire engines
     and the employment of one or more employees for such function; providing an
     effective date.

Be It Enacted by the Legislature of the State of Florida:
                                                                               Page 36 of 44



      Section 1. The board of county commissioners of Monroe County is authorized to
maintain and repair county fire equipment and fire engines and to employ one or more
persons to carry out such function. The cost of such maintenance and repair shall be
appropriated from the county general fund or the county road and bridge fund.

      Section 2. This act shall take effect immediately upon becoming a law.

      Became a law without the Governor's approval.

      Filed in Office Secretary of State July 10, 1963.

                                       ARTICLE VII.

                                       FRANCHISES

                                        DIVISION 1.

                                GENERALLY (RESERVED)

                                        DIVISION 2.

                                  GARBAGE AND TRASH

                                     CHAPTER 76-437
                                   HOUSE BILL NO. 3916

AN ACT relating to Monroe County; repealing chapter 63-1631, Laws of Florida, as
     amended by chapter 69-1320, Laws of Florida relating to franchises for garbage
     and waste collection and disposal; confirming franchises previously granted;
     providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

      Section 1. Chapter 63-1631, Laws of Florida, as amended by chapter 69-1320,
Laws of Florida is hereby repealed.

      Section 2. Each franchise granted by the Board of County Commissioners of Monroe
County pursuant to the authority conferred by chapter 63-1631, Laws of Florida, as
amended by chapter 69-1320, Laws of Florida, is confirmed.

      Section 3. This act shall take effect July 1, 1976.

                                       ARTICLE VIII.

                               HEALTH AND SANITATION


                                    CHAPTER 57-1588
                                   SENATE BILL NO. 843
                                                                                    Page 37 of 44

AN ACT authorizing the Monroe County Health Department of Monroe County, Florida, to
     establish, charge and collect fees for the issuance of health certificates and certified
     copies of vital records, providing for the accounting and disposition of such fees,
     and providing when said Act shall become a law.

Be It Enacted by the Legislature of the State of Florida:

        Section 1. The Monroe County Health Department of Monroe County, Florida, is
authorized to establish, charge, and collect reasonable fees for the issuance of health
certificates and for the issuance of certified copies of vital records, provided the schedule
of fees established shall be filed with the State Board of Health.

      Section 2. The Monroe County Health Department of Monroe County, Florida, shall
maintain records of all fees collected under the provisions of this Act in accordance with
accounting procedures that shall be prescribed by the State Board of Health.

       Section 3. All fees collected under the provisions of this Act shall be deposited not
less than once each month in the State Treasury to the credit of the Monroe County
Health Department Fund.

      Section 4. This act shall take effect on July 1, 1957.

      Became a law without the Governor's approval.

      Filed in Office Secretary of State May 27, 1957.

                                         ARTICLE IX.

                                      PUBLIC LANDS

                                    CHAPTER 59-1585
                                   HOUSE BILL NO. 1051

AN ACT relating to the dedications and conveyances of lands or waters for public purposes
     in Monroe County, Florida; requiring acceptance and approval by resolutions of
     Boards of County Commissioners and Public Instruction and municipal governing
     bodies in certain cases; requiring certain evidence of acceptance of approval;
     providing that acceptance and approval may be subject to conditions; providing
     that this Act shall not apply in certain cases; repealing all laws and parts of laws,
     whether general, special or local, in conflict with this Act to the extent of such
     conflict; and providing when said act shall take effect.

Be It Enacted by the Legislature of the State of Florida:

      Section 1. No dedication of or attempt to dedicate any land or water situate in
Monroe County, Florida, for any public purpose whatsoever, and no conveyance of or
attempt to convey any land or water situate in Monroe County, Florida, for any public
purpose whatsoever, that may be made hereafter, shall be effective unless and until the
same shall be accepted and approved by resolution of:

      (a)    The Board of County Commissioners of Monroe County, Florida, if the same
                                                                                     Page 38 of 44

             lies without any municipal limits.

      (b)    If the same lies within the limits of an incorporated municipality in Monroe
             County, Florida, by the governing body of such municipality.

      (c)    If a school site is involved, by the Board of Public Instruction of Monroe
             County, Florida, regardless of where such land or water may lie, whether
             within or without the limits of any incorporated municipality.

       Section 2. Evidence of the acceptance and approval provided for in Section 1 of this
Act shall be written, type-written or printed on the instrument of dedication, if convenient;
and if not convenient, then by separate instrument attached to such dedication or
conveyance, and may be in substantially the following form:

             "The foregoing (or attached) dedication (or conveyance) was hereby
      accepted and approved this________ day of ________, 19 ________, by
      Resolution of the Board of ________ of Monroe County, Florida (or by the city (or
      town) Commission (or Council) of ________, Florida) (N. B. Here state conditions
      of acceptance and approval, if any)"

and shall be executed by the proper officials of the Board of County Commissioners, of the
Board of Public Instruction and/or of the municipality, as the case may require, with the
seals of such boards and/or of the municipality affixed, as the case may require. Such
acceptance and approval shall be subject to such conditions as the governing body of the
municipality and/or the Boards of County Commissioners or Public Instruction may deem
to be in the best interests of the public. Any such conditions shall be set forth in the
resolution of acceptance and approval, and in the form evidencing the same as referred to
in this Section.

       Section 3. This Act shall not apply to those cases wherein the Board of County
Commissioners or Public Instruction of Monroe County, Florida, or any governing body of
such municipality, shall be resolution direct the acquisition of certain lands or waters by
gift, purchase or condemnation, nor to dedications or conveyances made by the State or
any State agency to another State agency, quasi State agency or the United States.

       Section 4. All laws and parts of laws, whether general, special or local, in conflict
with this Act are hereby repealed to the extent of such conflict.

      Section 5. This Act shall take effect immediately upon its becoming a law.

      Vetoed by Governor on May 21, 1959.

      Passed by House of Representatives over veto 5-25-59.

      Passed by Senate over veto 5-27-59.

      Filed in Office Secretary of State June 1, 1959.

                                         ARTICLE X.

                                  RACE TRACK MONIES*
                                                                                   Page 39 of 44



                                CHAPTER 19260--(No. 265)

                                   HOUSE BILL NO. 1223

AN ACT Providing for the Distribution and Use of Race Track Funds Allocated to Monroe
     County, Florida, Under Chapter 14832, Laws of Florida, Acts of 1931, or Any Act
     Amendatory or Supplementary Thereto, or Any Other Race Track Acts.

Be It Enacted by the Legislature of the State of Florida:

       Section 1. One-half of all funds hereafter allocated to Monroe County, Florida, under
Chapter 14832, Laws of Florida, Acts of 1931, or any Acts amendatory or supplementary
thereto, or any other race track acts, shall be paid by the State Treasurer, or other officer
having the authority to disburse said funds, to the Board of Public Instruction of Monroe
County, and shall be placed by said Board in the County General School Fund to be used
exclusively for the benefit of the public free school system of said Monroe County in like
manner as monies derived from general county public school and valorem tax.

      Section 2. All laws and parts of laws in conflict herewith are hereby repealed to the
extent necessary for the effective operation of this Act.

      Section 3. This Act shall take effect upon becoming a law.

      Approved by the Governor June 5, 1939.

      Filed in Office Secretary of State, June 6, 1939.

                                        ARTICLE XI.

                                  ROADS AND BRIDGES


                                    CHAPTER 61-2499
                                   HOUSE BILL NO. 1833

AN ACT fixing the minimum width of secondary roads in Monroe County, Florida; providing
     that this Act shall apply only to roads dedicated of record as public roads on the
     effective date of this Act; repealing all laws and parts of laws, whether general,
     special or local, in conflict with this Act to the extent of such conflict; and providing
     when said Act shall take effect.

Be It Enacted by the Legislature of the State of Florida:

       Section 1. The State Road Department of the State of Florida is hereby directed,
authorized and empowered to construct roads in Monroe County, Florida, on a minimum
right-of-way of Thirty (30) feet, on roads designated by the Board of County
Commissioners of Monroe County, Florida as Secondary Roads.

      Section 2. The provisions of this Act shall apply only to those roads dedicated of
record as public roads at the time this Act becomes a law.
                                                                                          Page 40 of 44



       Section 3. All laws and parts of laws, whether general, special or local, in conflict
with this Act are hereby repealed to the extent of such conflict.

         Section 4. This Act shall take effect immediately upon its becoming a law.

         Became a law without the Governor's approval.

         Filed in Office Secretary of State May 22, 1961.

                                            ARTICLE XII.

                                  SUBDIVISIONS AND PLATS5


                                        CHAPTER 59-1578
                                       HOUSE BILL NO. 1053

AN ACT pertaining to plats and platting of lands in Monroe County, Florida, and defining
     the same, requiring the approval and recording of plats in certain cases; authorizing
     the Board of County Commissioners of Monroe County, Florida, and the governing
     body of each municipality in Monroe County, Florida, to prescribe drainage facilities,
     the width of roads, streets, alleys and other thoroughfares, and setbacks
     therefrom; making certain requirements a prerequisite to approval of plats;
     authorizing the Board of County Commissioners of Monroe County, Florida, and
     governing body of each municipality in said county to adopt rules and regulations to
     effectuate provisions and purposes of this act; repealing all laws and parts of laws,
     whether general, special or local, in conflict with this act to the extent of such
     conflict; and providing when said act shall take effect.

Be It Enacted by the Legislature of the State of Florida:

      Section 1. The word "plat" whenever used as a noun in the context hereof, shall be
deemed to mean a map depicting the division or subdivision of lands into lots, blocks,
parcels, tracts or other portions thereof, however the same may be designated.

       Section 2. Whenever the verb "to plat", in whatever tense used, is employed in the
context hereof, the same shall mean to divide or subdivide land into lots, blocks, parcels,
tracts or other portions thereof, however the same may be designated.

        Section 3. Whenever land in Monroe County, Florida, comprising one acre or more,
is platted into lots, blocks, parcels, tracts or other portions, however designated, so as to
comprise three (3) or more such to the acre, a plat thereof shall be recorded in the Public
Records of Monroe County, Florida.

      Section 4. Whenever any land in Monroe County, Florida, comprising one acre or
more, is platted into lots, blocks, parcels, tracts or other portions, however designated, of
which more than one comprises one acre or less each, and such platting provides for the

5
    Legal Analysis: Laws of Fla. ch. 59-1578 should be deleted, as the county does not apply to rely
         upon it for authority.
                                                                                    Page 41 of 44

establishment or extension of streets, alleys or other rights-of-way, a plat thereof shall be
recorded in the Public Records of Monroe County, Florida.

       Section 5. The Board of County Commissioners of Monroe County, Florida, shall
have full and complete authority to regulate and prescribe the width and depth of lots or
other units, the width of streets, alleys, roads or other thoroughfares; adequate provisions
for drainage of such subdivision or lands; the coinciding with drains, streets, alleys and
drainage facilities existing in adjacent subdivisions or as may be required by the County
as shall be determined from time to time by the Board of County Commissioners, the
setbacks required from any public ways, all as a prerequisite to the approval of any such
plat on any and all plats of lands lying outside any municipality in Monroe County, Florida.

       Section 6. The Board of County Commissioners of Monroe County, Florida, is hereby
authorized and empowered to name or number any and all roads, streets, alleys and
other thoroughfares other than state roads lying outside any municipality in Monroe
County, Florida, and to change the names or numbers thereof.

       Section 7. The governing body of each municipality in Monroe County, Florida, shall
have full and complete authority to regulate and prescribe the width and depth of lots or
other units; the width of streets, alleys, roads or other thoroughfares; adequate
provisions for the drainage of such subdivisions or lands; the coinciding with drains,
streets, alleys and drainage facilities existing in adjacent subdivisions or required by the
County plan for the same, as shall be determined from time to time by the Board of
County Commissioners, the setbacks required from any public ways, all as prerequisite to
the approval of any such plat on any and all plats of lands lying within the limits of any
municipality in Monroe County, Florida.

       Section 8. No plat of lands lying outside the limits of any incorporated municipality
in Monroe County, Florida, shall be recorded either as an independent instrument or by
attachment to another instrument entitled to record unless and until it shall first be
approved by the Board of County Commissioners of Monroe County, Florida, and if such
lands lie within any incorporated municipality, by the governing body of such municipality.

       Section 9. No plat shall be recorded in Monroe County, Florida, hereafter unless it
shall show the following:

      (1)    The approval of the Board of County Commissioners of Monroe County,
             Florida, and if the lands lie within the limits of any incorporated municipality,
             the approval of the governing body of such municipality.

      (2)    The width of all roads, streets, alleys and other rights-of-way and the width
             and depth of lots and the width and depth of all drainage facilities, however
             designated, shown thereon.

      (3)    The grades of all roads, streets, alleys and other rights-of-way, however
             designated, and the elevations of the several portions of the land depicted on
             the plat, by contour lines or otherwise; provided, however, that the same
             may be shown on a separate instrument which shall be attached to and by
             reference made a part of such plat, and which shall show such information
             thereon as may be required by the Board of County Commissioners or the
             governing body of the municipality, as the case may be; provided, further
                                                                                     Page 42 of 44

             that the requirements hereof may be waived by the Board of County
             Commissioners or the governing body of the municipality, as the case may
             be.

      (4)    Extensions and continuations along the same courses of existing streets,
             roads, alleys and other rights-of-way, however designated, which projects
             would cross the platted lands.

      (5)    A dedication to the public by the owners of the lands involved, together with
             any lien holders thereon, of all roads, streets, alleys and other rights-of-way,
             however designated, shown on such plat, for perpetual use for public road
             and street purposes and other purposes incidental thereto. The effect of such
             dedication shall be to vest in the public body having control and jurisdiction
             of such roads, streets, alleys and other rights-of-way and its successors, full,
             complete and exclusive possession and control of the same and of all trees,
             shrubbery, and other plantings and installations for the full width thereof as
             shown on such plat. Such dedication by the owners may be by separate
             instrument duly executed and acknowledged as required by law and recorded
             concurrently with the recording of such plat. The Board of County
             Commissioners may waive the dedication to the public and may permit the
             platting of lands and the dedication of any roads, streets, alleys and other
             ways for use of property owners in said subdivision only as to any lands lying
             outside any municipality upon a determination by said Board that said roads,
             streets, alleys and other right-of-way are not required for public use, and
             that such rights-of-way are not and will not be a part of the county system of
             public roads and as to any lands lying within the limits of any incorporated
             municipality, the governing body of such municipality may waive said
             dedication in the same manner.

      (6)    Such other requirements as may be provided by law.

      Section 10. No plat of lands subject to periodic or frequent flooding shall be
approved except in those cases which such protective restrictions as may be required by
the Board of County Commissioners, or if the lands lie within any municipal limits by the
governing body of such municipality, are provided and are referred to on the plat.

      Section 11. The Board of County Commissioners of Monroe County, Florida, and the
governing body of each municipality are hereby authorized and empowered to adopt rules
and regulations to fully effectuate the provisions and purposes of this Act.

       Section 12. The approval of any plat by the Board of County Commissioners of
Monroe County, Florida, or incorporated municipality therein, shall not bind the Board of
County Commissioners or the governing body of any municipality to open up and keep in
repair any road, street, alley or other parcel dedicated to the public in any plat or may so
offered, but they may exercise such right at any time.

       Section 13. If any portion of this Act should be declared unconstitutional, or if the
applicability of this Act or any portion thereof to any person or circumstance should be
held invalid, the validity of the remainder of this Act and the applicability of this or of such
portion thereof to other persons and circumstances shall not be affected thereby.
                                                                                          Page 43 of 44

      Section 14. All laws and parts of laws, whether general, local or special, in conflict
herewith are hereby repealed to the extent of such conflict.

         Section 15. This Act shall take effect upon becoming a law.

         Became a law without the Governor's approval.

         Filed in Office Secretary of State May 21, 1959.

                                        CHAPTER 59-15776
                                       HOUSE BILL NO. 1052

AN ACT authorizing the Board of County Commissioners of Monroe County, Florida, to
     require bond in the platting of land, and other matters therein set forth by requiring
     that bonds furnished in connection with approval of plats be conditioned upon
     certain requirements; declaring the legislative intention that said act shall not be
     deemed repealed by any act passed at the regular session of the Legislature in
     1959 or any future session of the Legislature unless specific reference is made to
     said act for such purpose; repealing all laws and parts of laws, whether general,
     special or local, in conflict with this act to the extent of such conflict; and providing
     when said act shall take effect.

Be It Enacted by the Legislature of the State of Florida:

       Section 1. No plat of platted lands shall be approved unless the person, firm or
corporation seeking the approval of such plat shall first furnish the municipality, if the
lands lie within a municipality, and if not, then the county, a good and sufficient bond
conditioned upon the construction of streets, alleys and other rights-of-way shown on
such plat, highway signs, sidewalks, necessary fill, water systems, drainage wells,
culverts, gutters, sewers and other necessary drainage facilities, in accordance with
specifications and within such time or times as may be required by the governing body of
the municipality or the Board of County Commissioners of Monroe County, Florida, as the
case may be provided, however, that the governing body of such municipality or the
Board of County Commissioners, as the case may be, may waive any such bond or may
waive any of the conditions of such bond by express provision in the resolution approving
such plat.

       Section 2. It is hereby declared to be the intention of the Legislature that this Act
shall not be deemed repealed by the passage of any Act, whether general or special or
local, at this regular session of the Legislature, or any future session of the Legislature,
unless the Act seeking to effect repeal of this Act makes specific reference to this Act for
such purpose.

       Section 3. All laws and parts of laws, whether general, special or local, in conflict
with this Act are hereby repealed to the extent of such conflict.

         Section 4. This Act shall take effect immediately upon its becoming a law.


6
    Legal Analysis: Laws of Fla. ch. 59-1577 should be deleted, as the county does not apply to rely
         upon it for authority.
                                                      Page 44 of 44

      Became a law without the Governor's approval.

Filed in Office Secretary of State May 21, 1959.

								
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