MONROE COUNTY COURTHOUSE BRANCH OFFICE: 500 WHITEHEAD STREET, SUITE 101 , 33040 GOVERNMENT CENTER TEL. (305) 294-4641 88820 FAX (305) 295-3663 PLANTATION KEY, FLORIDA 33070 TEL. 852-7145 BRANCH OFFICE: (305) FAx (305) 852-7146 MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON, FLORIDA 33050 50 HIGH POINT ROAD TEL. (305) 289-6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070 FAX (305) 289-6025 www_C1erk_0f_the_COurt_Com TEL. (305) 352-7145 FAX (305) 853-7440 March 7, 2013

Municipal Code Corporation PO Box 2235 Tallahassee FL 32316-2235 Via e-mail

To Whom It May Concern:

Attached please find a copy of Ordinance No. 009-2013 re-adopting Ordinance 036- 2012 which amended Chapter 26 of the Monroe County Code (Waterways) to provide for “Article V and Anchoring Mooring Restricted Areas”, specifically including Attachment “B” missing from Ordinance 036-2012

This Ordinance was the Monroe adopted by County Board of County Commissioners at a Regular Meeting, held in formal session, on February 20, 2013. Please file for the record. Should have you any questions please feel free to contact me at (305) 295-3130.

Respectfully submitted,

Amy Heavilin, CPA, Clerk of the Circuit Court

and ex officio Clerkof the Board of County Commissioners

by: Pamela G. Hancock, D. C.

cc: Growth Management via e-mail County Attorney via e-mail File ORDINANCE NO. 009 -2013

AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RE-ADOPTING ORDINANCE 036-2012 WHICH AMENDED CHAPTER 26 OF THE MONROE COUNTY CODE (WATERWAYS) TO PROVIDE FOR “ARTICLE V ANCHORING AND MOORING RESTRICTED AREAS”; SPECIFICALLY INCLUDING ATTACHMENT “B” MISSING FROM ORDINANCE 036-2012; PROVIDING FOR [\.)[\.)>—d>—->-An--—>--sv—A»—->—-»—a»—- '-‘O\O0O\lO\U1-l>UJl\)*#©\OOO\lO\UI->UJt\)v-‘ SEVERABILITY; PROVIDING FOR REPEAL OF 22 INCONSISTENT PROVISIONS; PROVIDING FOR FILING 23 AND AN EFFECTIVE DATE; PROVIDING FOR 24 CODIFICATION; PROVIDING FOR AN EXPIRATION 25 DATE. 26 27

28 WHEREAS, Ordinance No. 036-2012 (Ordinance) was passed on October 17, 2012, by 29 the Monroe County Board of County Commissioners and was filed with the Secretary of 30 State on November 2, 2012; and 31 32 WHEREAS, Ordinance No. 036-2013 is effective; and 33 34 WHEREAS, Sec. 26-102(b) of the Ordinance provided for “No Anchoring Buffer 35 Zones”; and 36

37 WHEREAS, legal descriptions of the “No Anchoring Zones” were provided in the text 38 of the Ordinance in Sec. 26-102(b)(1) ; and 39

40 WHEREAS, the Ordinance referenced Attachment B, maps of the “No Anchoring 41 Zones”, in Sec. 26-102(b)(1) to illustrate the legal descriptions in the text; and 42

43 WHEREAS, Attachment B was not included at the time of the public hearing on October 44 17, 2012; and 45 46 WHEREAS, it is the intention of this ordinance to re-adopt all of Ordinance 036-2012 47 along with the missing Attachment B, now attached hereto; 48 49 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 50 OF COUNTY COMMISSIONERS: 51 52 SECTION]

54 Ordinance 036-2012 is readopted in its entirety to provide the text and attachments

55 in one document as follows: 56 57

58 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 59 COUNTY COMMISSIONERS AMENDING CHAPTER 26 60 OF THE MONROE COUNTY CODE (WATERWAYS) TO PROVIDE FOR “ARTICLE V ANCHORING AND 62 MOORING RESTRICTED AREAS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF 64 INCONSISTENT PROVISIONS; PROVIDING FOR FILING 65 AND AN EFFECTIVE DATE; PROVIDING FOR 66 CODIFICATION; PROVIDING FOR AN EXPIRATION 67 DATE. 68 69 70 WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The Boating Impacts Management Plan Final Report which documented liveaboard vessel 72 impacts associated with unmanaged anchorages throughout the Keys; and

74 in 2002 WHEREAS, the Monroe County Department of Marine Resources prepared a 75 Keys-Wide Mooring Field System Preliminary Planning Document which included an 76 evaluation of anchorages throughout the Keys including Boca Chica Harbor, Cow Key 77 Channel, and Key West Harbor (i.e. / area) and recognized 78 the need to address negative boating impacts associated with those unmanaged 79 anchorages; and 80 WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the 82 Development of a Boating Management Plan for the Boca Chica Harbor Area which evaluated a variety of boating impacts in that anchorage area and provided options for 84 managing anchoring activity, but recognized the lack of authority (at that time) provided 85 to the County to regulate vessels other than liveaboard vessels; and 86 87 WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife Conservation Commission (FWC), in consultation with the Florida Department of 89 Environmental Protection, to establish a Pilot Program to explore potential options for 90 regulating the anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public mooring fields (327.4105 F.S.); and 92 93 the WHEREAS, goals of the Pilot Program are to encourage the establishment of 94 additional public mooring fields and to develop and test policies and regulatory regimes 95 that: the establishment and promote use of mooring fields, promote public access to 96 waters of the state, enhance navigational safety, protect maritime infrastructure, protect 97 marine and environment, deter improperly stored, abandoned or derelict vessels; and 98 99 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to 100 participate in the Pilot Program in partnership with the Cities of Marathon and Key West, 101 each of which operate public mooring fields; and 102

103 WHEREAS, the Monroe County Board of County Commissioners entered into Inter- 104 local with the Agreements Cities of Marathon and Key West on February 17, 2010 105 providing for coordinated partnerships in the FWC Pilot Program; and 106 107 WHEREAS, the Monroe County Marine Resources Office retained consultants to 108 complete vessel surveys inside and outside of public mooring fields at Key West and 109 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder 110 workshops to take public input on anchoring and mooring issues and potential regulatory 111 regimes, in accordance with the criteria of the FWC Pilot Program; and 112 113 FWC staff evaluated WHEREAS, Monroe County’s vessel surveys, considered public 114 input provided at stakeholder workshops, and provided a recommendation to the FWC to 115 approve Monroe County for participation in the Pilot Program; and 116

117 at its 2011 WHEREAS, February meeting the FWC approved Monroe County as one of 118 five local governments in the state to participate in the Pilot Program, including St. 119 Petersburg, Sarasota, St. Augustine and Martin County; and 120

121 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe 122 Board of County County Commissioners held numerous public meetings from 2009 to 123 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring 124 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring 125 impacts; and 126 127 the WHEREAS, Monroe County Board of County Commissioners provided direction at 128 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for 129 managed anchoring zones with accompanying regulations, and to coordinate with the 130 Cities of Marathon and Key West for the inclusion of ordinance language providing for 131 anchoring regulations in association with their respective mooring fields; and 132

133 WHEREAS, at the September 21, 2011 Monroe County Board of County 134 Commissioners the meeting Board received a request from a representative of Wisteria 135 Island to have West harbor Key included as a managed anchoring zone, and the Board 136 the inclusion of that approved area as a managed anchoring zone; and 137 138 WHEREAS, the Monroe County Board of County Commissioners provided additional 139 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four be 140 managed anchoring zones, and revised the regulations for development to applied 141 within those zones; and 142 143 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012 144 meeting accepted a request by the City of Marathon to include the greater the and 145 Harbor area as a fifth managed anchoring zone, heard concerns from Navy, that 146 directed staff to include a prohibition on vessels within managed anchoring zones 147 exhibit conditions known to precede a derelict vessel condition, eliminate floating 148 structures language and eliminate USCG Auxiliary Vessel Safety Check language 149 pending a recommendation from the USCG; and 150 151 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012 152 meeting accepted a request by Naval Air Station Key West to make areas of Boca Chica 153 basin, encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring 154 zone to ensure the safety and security of the public; and 155 156 WHEREAS, the Monroe County Board of County Commissioners has indicated that the 157 anchoring ordinance should not be over-reaching and not overburden transient boaters; 158 and 159 160 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to 161 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds 162 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds 163 through marine fuel taxes, to properly pumpout and comply with existing sewage 164 discharge regulations within the federal No Discharge Zone in the Keys, by providing 165 free pumpout service to vessels located in managed anchoring zones and which are 166 served by the County pumpout program; and 167 168 WHEREAS, Monroe County staff is negotiating a contract with the National Marine 169 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated 170 areas of the and to provide for a registration process, with accompanying 171 participation stickers or tags to be displayed on vessels indicating proof of regular 172 pumpouts; and 173 174 WHEREAS, because the anchoring ordinance is a test program the Monroe County 175 Board of County Commissioners desires that vessel owners be provided warnings by 176 enforcement officers prior to the issuance of citations, to allow every opportunity for the 177 vessel owner to comply with the described regulations; and 178 179 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard 180 and non-liveaboard vessels; and 181 182 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to 183 fully implement the agency’s At Risk Program in designated managed anchoring zones as 184 a tool to identify vessels which exhibit conditions known to precede a derelict vessel 185 condition; and 186 187 WHEREAS, the regulations established in the anchoring ordinance are consistent with 188 the municipal codes of the City of Marathon and the City of Key West; and 189 190 WHEREAS, the Monroe County Board of County Commissioners will transmit the 191 approved anchoring ordinance to FWC for consideration and approval prior to adoption 192 of the ordinance by the Board of County Commissioners; 193

194 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 195 OF COUNTY COMMISSIONERS: 196

197 Section 1. Chapter 26 of the Monroe County Code is amended as follows: 198 199 Chapter 26 200 WATERWAYS 201

202 ARTICLE V 203 ANCHORIN G AND MOORING RESTRICTED AREAS 204

205 Sec. 26-100. Purpose. It is the purpose of this section of this Code to provide for 206 anchoring and mooring restricted areas where unmafilged anchoring and/or mooring and 207 associated environmental and navigational impacts exist. These areas and restrictions are 208 created in accordance with F.S. § 327.4l0_'5, and by approval of the Florida Fish and 209 Wildlife Conservation Commission which has been directed by the Florida State 210 Legislature to establish a Pilot Program to explor§__potential pptions for regulating the 21 1 anchoring or mooring of non-liveaboard vessels outside the marked boundaries of_public 212 mooripg fields. These restrictions are deemed to be necessary to _protect the public 213 health, safety and welfare. These restrictions also include the regulation of liveaboard 214 vessels and floatingstructures,_as provided for in F.S. § 327.60(3)_. 215 216 Sec. 26-101. Definitions. 217

218 Proof of pumpout means an acceptable form of proof that a vessel has had its vessel 219 sewage legally p_u_mped out,_p_r disposed of (in the case of a Porta—Potti or other pcgtable 220 toilq)_._ Acceptable forms of proof include a pumm_ut registration sticker or tag issued by 221 the of City Key West, City of Marathon or Monroe County pumpout programs indicating 222 that the vessel receives routine pumpouts, or a p1_1mpout rec_e_ipt from a pumpout facility 223 (includingpgrtable toilet dump stations) or pumpout vessel within the past ten (10)_days. 224 225 Derelict Vessel means any vessel, as defined in F.S. § 327.02, that is left, stored, or 226 abandoned: 227 In (a) a wrecked,_junkec_l,_or substantially dismantled condition upon any public 228 waters of this state. 229 (12) At any port in this state without the consent of the ag_eI_1cy having jurisdiction 230 thereof. 231 (c) Docked or grounded at or beached upon the property of another without the 232 consent of the owner of the property 233 234 Sec. 26-102. Anchoring and Mooring Restricted Areas. 235

236 La) Managed Anchoring Zones. Managed Anchoring Zones are established for the 237 purpose of protecting the marine environment, enhancirg navigational safety, and 238 deterring improperly stored, abandoned, or derelict vessels. Manage_d_Anchoring 239 Zones are created as a tool to regulate anchoring activity in currently unmanaged 240 anchorages. 241 242 (_1_) Managed Anchoring Zones shall be established in the following described 243 geographic areas. Maps delineating the Managed Anchoring Zones are 244 attached hereto as Attachment A, and are incorporated herein_‘t_)yreference and 245 will be made available in the Marine Resources Office. 246 247 a. Boca Chica Basin: To include the body of water occurrin_g_between Stock 248 Island and Boca Chica Igy (excludgig the N2_1yv_ Accident Potential Zone 249 (APZ), restricted areas. and bay bottom) south of U.S. Highway 1, west of 250 the western edge of the arc of the NAS Key West Accident Potential Zone 251 (APZ), west ofa line intersectir_1gLhe APZ at 24° 34.10’ N 81° 43.35’ W 252 and running south to 24° 33.63’ N 81° 43.35’ W, south of a line running 253 east-west from 24° 33.63’ N 81° 43.35’ W to 24° 33.63’ N 81° 43.15’ W, 254 west of the western edge of Boca Chica Channel running southwest from 255 24° 33.63’ N 81° 43.15’ W to 24° 33.45’ N 81° 43.24’ W. north oflatitude 256 24° 33.45’ N (approximately at the location of Boca Chica Channel 257 marker 7), east of a line running north-northwest from 24° 33.45’ N 81° 258 43.38’ W to 24° 33.82’ N 81° 43.46’ W and continuir;g_along the Stock 259 Island shoreline. 260 . Key West Harbor: To include the body of water occurring_west of 261 Fleming Key and Key West (excluding Nag restricted areasL south of a

° 262 line running east-west at latitude 24 35.19’ N. east of a line running from 263 the northwes_t_tip_of Pearl Bank to the north side of Tank Island_(_Sunset 264 Key). and north of a line running east-west at latitude 24° 33.84’ N. 265 Cow Key Charmel: To include the body of water occurringbetween Key 266 West and south of U.S. Highw_ay_1, and north of a line 267 running east-west at latitude 24° 33.44’ N (apggqximately at the location 268 of Cow Key Channel marker 5)_. 269 . : To include the area of Boot Key Harb(>i(excludin_g the 270 permitted pjflic mooring field and No—Anchoring Buffer Zone) occurring 271 south of the Vaca Ke3Ls11oreline, east of Boot Key_Harbor main channel 272 entrance marker 7 located at position 24° 42.13’ N 81° 06.84’ W, north of 273 the Boot Key__shoreline, and west of the far eastern side of Boot Key 274 Harbor glgosition 24° 42.54’ N 81° 04.99’ W,_a_nd including the entirety 275 of Sisters Creek south to marker 4 at the entrance of Sisters Creek, and 276 including the area occurring from Sisters Creek marker 4 at position 24° 277 41.35’ N 81° 05.26’ W runn:ing east to the shoreline of Vaca K_ey at

6 278 position 24° 41.43’ N 81° 04.93’ W and running north along the shoreline 279 of Vaca Key and continuing to the west along the shoreline of Sombrero 280 Beach. 281 282 (2) The following regulations shall apply within Managed Anchoring Zones: 283 Vessels 284 a. Prohibition of vessels exhibiting_pre-derelict vessel conditions. 285 determined to exhibit conditions known to precede a derelict vessel 286 condition are prohibited, including; 287 1) Vessel is not able to be used for navigflm. 288 2) Vessel is listing. 289 3) Vessel is aground. 290 4) Vessel is in danger of breakingits mooring, 291 5) Vessel is sinking. 292 6) Vessel is dragging anchor. 293 7) Vessel has broken its mooringand has been secured for the protection 294 of the health, safefllnd welfare of the citizens. Prohibition of derelict vessels. Vessels determined to be derelict in 295 . 296 accordance with F.S. § 823.11 are prohibited. 297 Proof ojmmpougguired. Vessels anchored or moored for more than ten 298 (10) consecutive day_s_,_and which are required to have a marine sanitation 299 device in accordance with F.S. § 327 _._5_3_, must provide proof of pumpout. 300 Vessel owners may utilize a pum_p_out service which may be_provided by 301 the City of Key West, City of Marathon, Monroe County pumpout The 302 programs, or other authorized vessel pumpout facility or vendor. 303 municipal and Countypumpout services are structured to provide ongoing 304 pumpouts for Vessels located within managed anchoring zones, and may 305 1)r_oyide a r§gi_stration pmcess by which vessel owners sign up_for regular 306 pumpouts at a frequency based on angpated need with a minimum of 307 one pumpout per month. A morgh_ly, color coded, registration sticker or 308 tag may_be provided which vessel owners may display_on their vesse_l, 309 indicating_particip_ation in the municipal or County pflpout pro gram, and 310 which will be conside_rgd_proof of ppmpout. The municipal and/or County 311 pump_Qut programs shall maintain registration documentation and pun_1pout 312 logs throughout the duration of the Pilot Progiirp, which shall be available 313 for review_by any law enforcement officer. If a vessel owner utilizes 314 another vessel pumpout provider the vessel owner is required to maintain 315 documentation and pumpout logs to demonstrate use of pumpout to FWQ,

316 MCSO or other law enforcement officers. 317 318 (b) No-Anchor_ir_1g Bufler Zones. No-Anchoring Buffer Zones are established outside 319 g°,_and immediately adjacent to. permitted public mooring fields for the purpose 320 of protecting maritime infrastructure, enhancing navigational safety and 321 promoting public access and the use of public mooring fields. 322 323 (1) No-Anchoring Buffer Zones shall be established in the following described 324 geogggphic areas. Maps delineating the No Anchoring Zones are attached

7 325 hereto as Attachment B, and are incorporated herein by reference and will be 326 made available in the Marine Resources Office. 327 328 a. Boot Key Harbor: To include a fifty foot (50’) wide area immediately 329 adjacent toy and outside of, the perimeter of the east and west mooring 330 fields and the leased anchoripgarea. 331 b. Seapl_ane Basin: To include the area of Garrison Bight known as the 332 Seaplane Basin occurripg north of the Key West shoreline, east of the 333 Fleming K_ey shoreline,s_()1_1th of a line runnipg east-west 50’ north of the 334 Garrison Bight mooring field boundary markers C and D. and west of 335 . 336 c. Boca Chica Basin: To include the bodygwater occurring between Stock 337 Island and (excluding Navy restricted areas_)__south of 338 U.S. Highway 1, east of the western edge of the arc of the NAS Key West 339 APZ, east of a line intersecting the NayLAPZ at 24° 34.10’ N 81° 43.35’

340 W and running south to 24° 33.63’ N 81° 43.35’ V_\{,__north of a line 341 running east-west from 24° 33.63’ N 81° 43.35’ W to 24° 33.63’ N 81° 342 43.15’ W, and west of the western edge of Boca Chica Channel and the 343 Navy restricted area (which includes Boca Chica Channel and the Navy 344 mooring field basin}. 345 346 (2) The following regulations shall apply within No-Anchoring Buffer Zones: 347

348 No anchoring or mooringof ary kind (vessels or floating structures) exc_ept 349 for vessels mooring within established permitted public mooring_fields by 350 permission of the mooring_field owner or managg‘_,_yessels within a leased 351 anchoring area associated with a moori_r_1g field, commercial vessels (egg, 352 barges) engaged in marine related work, military operations, vessels anchored 353 for the pu_rpose of fishipg or other recreational activities (but not ovemigbt), 354 or in the case of an emergency_(e. g. weather_,_mechanical,_medical) causing the 355 need for a vessel to temporarily anchor. 356 357 358 Sec. 26-103. Enforcement. Regulations described in this Article may be enforcecflylaw 359 enforcement officers of the City of Marathon or City of Key West (within their areas of 360 jurisdiction), Monroe County, or FWC or any other law enforcement officer. 361 362 363 Sec. 26-104. Penalties. 364 365 (3) Any person cited for a violation of this article shall be chapged with a noncriminal 366 infraction. A written warning shall be issued to provide the vessel owner 30 days

367 for corrective action or removal of the vessel. If corrective action or removal is

368 not accomplisl1_ed, a Uniform Boating Citation may be issued for violations of this 369 ordinance pursuant to F.S. §327.74 by anylaw enforcement agencihorized to 370 issue such citations. Vessel owners will be provided thirty (30)_Qys between

371 issuance of citations. Fines associated with citations are established as follows: 372 ( 1) First offense- $50 373 (2) Second offense- $100 374 (3) Third offense- $250

375 Fourth or offenses- (4) subsequent $250 and FWC will request that the owner 376 remove the vessel from the Managed Anchoring Zone or No-Anchoring 377 Buffer Zone 378 379 (b) Any person who fails to properly respond to a Uniform Boating Citation issued 380 for a violation of this article shall, in addition to the charge relating_to the 381 violation of the boatinglaws of this County,_pe chaged with the offense of failing 382 to such respond to citation and upon conviction be guilty of a misdemeanor of the 383 second degpee punishable as provided in F.S. § 775.082 and F.S.j 775.083. 384 385 (c) If a law enforcement officer determines that a vessel is derelict, the violation shall 386 be prpcessed in accordance with F.S. § 823.11 387 388 Allowance (d) shall be provided for vessels in need of safe harbor due to severe 389 weather conditions or temporary__mechanical issues which malotherwise prohibit 390 a vessel from safely departing a managed anchoring_zone. 391 392 393 Sec. 26-105. Exemptions. The followirrg exemptions are provided: 33? 396 Vessels with (a) equ_ipped o_nly incinerating or composting toilets are not required to 397 provide proof of pumpout, as those tjmes of toilets are not desigped to be p_umpe_d 398 out. Howevep, effluent from those toilets is not allowed to be dismsed of in the 399 waters of the No Dischagge Zone within the Florida Keys. 400 401 (b) Stored vessels are not required to provide proof of purppout. 402 403 Section 2. If Severability. any section, paragraph, subdivision, clause, sentence or 404 of this provision ordinance shall be adjudged by any court of competent jurisdiction to be 405 such invalid, judgment shall not affect, impair, invalidate, or nullify the remainder of this 406 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, 407 clause, sentence, or provision immediately involved in the controversy in which such 408 judgment or decree shall be rendered. 409 410 Section 3. of Repeal Inconsistent Provisions. All ordinances or parts of ordinance in 411 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal 412 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive 413 any ordinance which has been repealed thereby. 414

415 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of 416 the of the State of Secretary Florida and shall become effective as provided by law. 417 41 8 Section 5. Codification. The provisions of this ordinance shall be included and 41 9 incorporated into the Code of Ordinances of Monroe County, Florida and shall be 420 numbered to conform with the uniform numbering system of the Code. 421 422 Section 6. Expiration Date. The FWC Pilot Program is scheduled to expire on July 423 1, 2014, unless extended by the Florida State Legislature. This ordinance shall expire or 424 be extended concurrently with the FWC Pilot Program. 425 426 SECTION2 427 428 Attachments A and B are specifically incorporated herein as mentioned in the text 429 of the ordinance above. 430 SECTION3 431 of this 432 Severability. If any section, paragraph, subdivision, clause, sentence or provision such 43 3 ordinance shall be adjudged by any court of competent jurisdiction to be invalid, 434 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, 43 5 but the effect thereof shall be confined to the section, paragraph, subdivision, clause, in which such 436 sentence, or provision immediately involved in the controversy judgment

437 or decree shall be rendered. 43 8 439 SECTION4 440 441 Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with 442 this ordinance are hereby repealed to the extent of said conflict. The repeal of an 443 ordinance herein shall not repeal the repealing clause of such ordinance or revive any 444 ordinance which has been repealed thereby. 445 446 SECTIONS 447 448 Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of 449 the State of Florida and shall become effective as provided by law. 450 451 SECTION6 452 453 History Notes. This ordinance shall be sent to Municipal Code Corporation to include this 454 ordinance in the history notes along with Ordinance 036-2012 in the Monroe County 455 Code. 456 457 458 459 460 461 462

10 463 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 464 Florida at a regular meeting held on the 20th day of February, 2013. 465 466 Mayor George Neugent Yes 467 tem Mayor pro Heather Carruthers Yes 468 Commissioner David Rice yes 469 Commissioner L. Danny Kohlage gas 470 Commissioner Sylvia Murphy Yes 471 472

473 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 474 475 476 Attest: AMY HEAVILIN, CLERK jig ByG By /é"'§¢—“ X)-Mcfififll‘ 479 Deputy Clerk Mayor George Neugent

0371;; was 930333:

11 Attachment A- Maps of Managed Anchoring Zones

Boca Chica Harbor

Almchmcnl /\~ p. l Ke ' West Ilurbnr

Atluchmcnl A- p.2

Boot Kev Harbor

any .1 M-umn. mm om-u my Pmtna ma K-y mm .rwc PM my." Iotndiy

Almchnlenl A- 11.4 Attachment 13- Maps of No Anchoring Buffer Zones

Boot Key Harbor

any at our-mu-, Fiona: omen: mp mam

aw Key rum: . Nv~AMhonnn Imus

Attachment B— p.l Key West Mooring l"eld/Scaglane Basin

m,1(.mn.g hem

Auachmem B~ p.Z Boca Chica Basin

Atluchmum B- p.3