Historic Key West Preservation Board of Trustees : part IV, chapter 266, Florida statutes

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Title:
Historic Key West Preservation Board of Trustees : part IV, chapter 266, Florida statutes
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Mixed Material
Language:
English
Creator:
Dessauer, Peter F.
Publisher:
Peter F. Dessauer
Place of Publication:
Gainesville, Fla.
Publication Date:

Notes

General Note:
UF course AE601: Preservation Law

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University of Florida
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University of Florida
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All rights reserved by the source institution.
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AA00000043:00001

Full Text









REPORT FOR AE 601: PRESERVATION LAW

SEMINAR, WINTER QUARTER

1976









HISTORIC KEY WEST PRESERVATION BOARD OF

TRUSTEES: PART IV, CHAPTER 266, FLORIDA

STATUES














by: Peter F. Dessauer

March 18, 1976












INTRODUCTION


The following materials and correspondence pertain-

ing to the Florida Statues creating the Historic Key West

Preservation Board was compiled as a project for the 601

Preservation Law Seminar, Preservation Graduate Seminar,

University of Florida, Winter Quarter, 1976.


I was charged with the responsibility of reading

the law in Part IV, Chapter 266, Florida Statues, which

created the Historic Key West Preservation Board of

Trustees; a presentation and evaluation of this law in

*lass was followed by correspondence to Key West inquiring

about the actual results and implications of this law

in practice.

My research was coupled with that of three other

students, who each were assigned one of the three other

Florida cities granted Preservation Boards in Chapter 266,

Florida Statues -.


David Ferro- Part I. Historic St. Augustine
Preservation Board.of Trustees


















Douglas Ross- Part II, Historic Pensacola
Preservation Board of Trustees

Ted Bessette- Part-III, Historic Tallahasse
Preservation Board of Trustees


I have presented herein a xerox copy of Part IV,
Chapter 266, Historic Key West Preservation Board of
Trustees, Florida Statues, a critique, and copies of
newspaper clippings and correspondence describing
changes in the law.




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HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES


(2) The governing bodies of Leon County
and the City of Tallahassee shall prescribe
the procedure for the review of plans for the
erection, renovation, or razing of any building
which is located or to be located within the
designated historical district or districts, in-
cluding rules and governing decisions of the
architectural review board, and the procedure
for appeal from decisions of the board.
(3) The governing bodies of Leon County
and the City of Tallahassee may adopt such
other regulations as are necessary to effect
the purposes of 266.115(9).
(4) The architectural review board shall
have the power to adopt rules for the trans-
action of its business, the holding of meetings,
and such other activities as are incident to
its function.
(5) The governing bodies of Leon County


and the City of Tallahassee shall have the au-
thority to utilize their employees in the en-
forcement and regulation of the provisions of
(266.115(9).
(6) The expenditures of the architectural]
review board shall be within the amounts ap-
propriated for its purpose by the city through
its governing body.
(7) The designation and preservation of
buildings and structures within any historical
district or districts established under )266.-
11509), and the control of the erection, altera-
tion, addition, repair, removal, or demolition
of new or existing buildings or structures,
signs, and any such facilities, or appurtenances
thereto, to insure perpetuation of its or their
historical character is designated to be a pub-
lic purpose.
History.-- 7, ch. 10-335.


PART IV
HISTORIC KEY WEST PRESERVATION BOARD OF TRUSTEES


266.201

266.202
266.203

266.204


Historic Key West preservation board
of trustees.
Definitions.
Membership; terms; compensation;
bond.
Organization; records.


266.201 Historic Key West preservation
board of trustees.-There is created within the
department of state the Historic Key West Pres-
ervation Board of Trustees, a body corporate,
the purpose and function of which shall be to ac-
quire, restore, preserve, maintain, reconstruct,
reproduce, and operate for the use, benefit,
education, recreation, enjoyment, and general
welfare of the people of this state and nation
certain ancient or historic landmarks, sites,
cemeteries, graves, military works, monuments,
locations, remains, buildings, and other objects
of historical or antiquarian interest of the City of
Key West and surrounding areas. The selection for
acquisition, restoration, preservation, main-
tenance, reconstruction, reproduction, and oper-
ation shall be made by the board based on criteria
of historical evaluation as established by the
department of state.
History.-l, ch. 72-259.
cf.-266.209 Boards under chapter 266 subject to direct control of
secretary of state.
266.202 Definitions.- Unless otherwise
clearly indicated, as used in this part:
(1) "Board" means the Historic Key West
Preservation Board of Trustees of the depart-
ment of state.
(2) "Facilities" means historic sites, objects,
and landmarks for exhibition, owned, leased,
managed, or operated by the board.
History.-l, ch. 72-259.
266.203 Membership; terms; compensa-
tion; bond.-
(1) The board shall consist of seven mem-


266.205 Treasurer; finances.
266.206 Powers of the board.
266.207 Powers of governing body of City of
Key West; architectural review board.
266.208 Appropriation.
266.209 Boards under chapter 266 subject to
direct control of secretary of state.
bers to be appointed by the governor not later
than November 1, 1972 and confirmed by the
state senate. Members of the original board shall
be appointed for terms as follows: two for two
years; two for three years; and three for four
years. Thereafter, members shall be appointed
for four-year terms except for appointments to
fill vacancies for unexpired terms, in which event
the appointment shall be for the unexpired
term only.
(2) Board members shall possess an active
interest in the historical aspects of Key West
and the surrounding area. The members of the
board, including the chairman, shall receive no
compensation for their services, but shall be
entitled to be reimbursed for per diem and travel
expenses incurred in the performance of their
official duties as members of the board, subject
to the provisions and limitations of 112.061.
Each member shall give a surety bond in the sum
of five thousand dollars, executed by a surety
company authorized to do business in this state,
payable to the governor and his successors in
office and conditioned upon the faithful perform-
ance of his duties. The cost of each such bond
shall be borne by the board.
History.-l, ch. 72-2.59
266.204 Organization; records.-Within fif-
teen days after the appointment of its member-
ship and annually thereafter, the board shall hold
an organizational meeting at which it shall elect
from its membership a chairman, vice-chairman,
and secretary-treasurer. No business shall be
transacted by the board except at a regular or


1268


Ch 2Q4


." ~


Ch. 266


Ch 266









Ch. 266 HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES Ch. 266


specially called meeting at which a quorum is
present and the minutes thereof recorded. Per-
manent records shall be maintained which shall
reflect all official transactions of the board.
History.-I, ch. 72-259.
266.205 Treasurer; finances.-The state
treasurer shall be the ex officio treasurer of the
board and shall have the custody of all its funds
to be kept in a special account. All receipts and
disbursements of the board shall be handled sub-
ject to the same laws, rules, and regulations as
other state funds are handled.
History.-1, ch. 72-259.
266.206 Powers of the board.-The board
shall be the governing body and have the power:
(1) To adopt a seal and alter the same at
pleasure.
(2) To contract and be contracted with, to
sue and be sued, and to plead and be impleaded
in all courts of law and equity.
(3) To exercise any power not in conflict
with the constitution of the state or the United
States which is usually possessed by private
corporations or public agencies performing com-
parable functions.
(4) To establish an office at or near the City
of Key West for the conduct of its affairs.
(5) To acquire, hold, lease, and dispose of
real and personal property or any interest therein
for its authorized purpose.
(6) To plan buildings and improvements, to
demolish existing structures, to construct and
reconstruct, alter, repair, and improve the facil-
ities wherever located.
(7) To acquire in its own name, by pur-
chase, grant, devise, gift, or lease, on such terms
and conditions and in such manner as it may
deem necessary or expedient, or by condemna-
tion, except as otherwise herein provided, in
accordance with and subject to the state law
applicable to condemnation of property for public
use, real property or rights or easements therein
or franchises necessary or convenient for its pur-
poses; to use the same so long as its existence
shall continue; and to lease or make contracts
with respect to the use or disposal of the same
or any part thereof, in any manner deemed by it
to be in the best interest of the board, but only
for the purposes for which it is created. No
property shall be acquired under the provisions
of this part upon which any lien or other encum-
brance exists, unless at the time said property
is so acquired, a sufficient sum of money is to be
deposited in trust to pay and redeem such lien
or encumbrance; nor shall any property be ac-
quired hereunder by condemnation which is
owned by a church or a cemetery association
or which is presently used as a historical attrac-
tion.
(8) To employ and dismiss at pleasure con-
sulting engineers, architects, superintendents or
managers, accountants, inspectors and attor-
neys, and such other employees as may be


deemed necessary and to prescribe their powers
and duties and fix their compensation.
(9) To draft a historical plan of develop-
ment for the City of Key West and surrounding
area, and the board shall have the authority to
recommend to the governing body of the City
of Key West the creation of a historical district
or districts which shall include any section or
sections of Monroe County containing buildings,
landmarks, sites, or facilities of historical or
architectural value and having an overall atmos-
phere of architectural or historical distinction,
or both. Such facilities having historical or
architectural value shall be designated by the
board based on the criteria of historical evalua-
tion as established by the division of archives,
history and records management of the depart-
ment of state.
(10) To acquire from the City of Key West
or Monroe County, the state, the United States
or any state thereof, or any foreign country or
colony any existing property, real or personal,
now owned by it or hereafter acquired, suitable
for the uses of the board, and to improve, oper-
ate, and maintain the same for the purposes
herein stated or to act as trustee for any such
property under such terms and conditions as the
owner may prescribe.
(11) To enter into contracts with the City
of Key West or Monroe County for the purposes
of providing police and fire protection, water,
sanitation, and other public services deemed
necessary or expedient, and said municipality
and county are authorized to enter into such
contracts.
(12) To contract with any agency of the
state, the federal government, the City of Key
West, the County of Monroe, or any firm or cor-
poration, upon such terms and conditions as the
board finds in its best interest, with respect to
the establishment, construction, operation, and
financing of the facilities of the board in or near
the City of Key West, Monroe County.
(13) To make and enter into all contracts or
agreements with private individuals, corpora-
tions, organizations, historical societies, and
others with reference to facilities and to enter
into contracts and agreements, with or without
competitive bidding as the board may determine,
which are necessary, expedient, or incidental
to the performance of its duties or the execution
of its powers under this part.
(14) To engage in any lawful business or
activity deemed by it necessary or useful in the
full exercise of its powers to establish, finance,
maintain, and operate the facilities contemplated
by this part, including the renting or leasing for
revenue of any land, improved or restored real
estate, or personal property directly related to
carrying out the purposes for which the board is
created.
(15) To fix and collect charges for admission
to any of the facilities operated and maintained
by the board under the provisions of this part and


1269


Ch. 266


HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES


Ch. 266








HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES


to adopt and enforce reasonable rules and regu-
lations to govern the conduct of the visiting
public.
(16) To borrow money for any of its autho-
rized purposes and for expenses incidental
thereto, including expenses incurred during the
period of organization, restoration, and con-
struction prior to the operation of the facilities
of the board and to issue negotiable revenue
certificates payable solely from revenue from
the operation of such facilities and from au-
thorized activities incidental thereto.
(17) To perform all lawful acts necessary,
convenient, and incident to the effectuating
of its function and purpose.
(18) To cooperate and coordinate all of its
activities on a permissive basis through any
statewide board including the division of ar-
chives, history and records management of the
department of state, and to participate in any
overall statewide plan of historical development.
(19) To cooperate and coordinate its activi-
ties with any national project of historical develop-
ment, such as a national seashore, and to co-
ordinate and cooperate with any other agency,
state, local, or national, undertaking historical
objectives if the same are not in conflict with
the objectives of the board.
History.-1, ch. 72-259; 87, ch. 73-333.
266.207 Powers of governing body of City
of Key West; architectural review board.-
(1) GOVERNING BODY.-The governing
body of the City of Key West is authorized:
(a) To establish historical districts.
(b) To name an architectural review board.
(c) To prescribe the procedure for the re-
view of building plans, or for the destruction of
a building, of any building which is to be erected,
renovated, or razed and which is located or to
be located within the designated historical
district or districts, including rules and governing
decisions of the architectural review board and
the procedure of appeal from decisions of the
board.
(d) To adopt such other regulations as are
necessary to effect the purposes of 266.206(9).
(e) To utilize its employees in the enforce-
ment and regulation of the provisions of 266.-
206(9).
(2) ARCHITECTURAL REVIEW BOARD;
MEMBERSHIP; TERMS; POWERS; EXPEND-
ITURES.-
(a) Membership.-The architectural re-
view board shall be composed of the following
members:
1. Two members from the Historic Key
West Preservation Board of Trustees.
2. The city planner of the City of Key West.
3. The chairman of the Key West planning
board.
4. One member at large who shall be a resi-
dent of Monroe County.
5. Two members who are members of the


American Institute of Architects and whose
principal place of business or residence is in
Monroe County.
(b) Terms.-Members shall be appointed
for a term of two years except in the case of an
appointment to fill a vacancy in which event the
appointment shall be for the unexpired term
only.
(c) Powers.-The architectural review board
shall have the authority:
1. To approve or disapprove plans for build-'
ings to be erected, renovated, or razed which are
located, or are to be located, within the histori-
cal district or districts and to regulate reason-
ably land use to the extent necessary to pre-
serve the historical integrity and ancient appear-
ance within any and all historical districts
established by the governing body of the City of
Key West, including, but not limited to, the au-
thority to make recommendations to the Key
West Zoning Board to deny or grant variances
from the zoning ordinances of the City of Key
West applicable to historical districts. The
designation and preservation of buildings and
structures within any historical district or dis-
tricts established under 266.206(9), and the con-
trol of the erection, alteration, addition, repair,
removal, or demolition of new or existing
buildings or structures, signs, and any such facil-
ities or appurtenances thereto to insure perpet-
uation of its or their historical character is hereby
designated to be a public purpose, but no regula-
tion shall be adopted which is in conflict with
any zoning ordinance of the City of Key West,
applicable to such area.
2. To adopt rules for the transaction of its
business, the holding of meetings, and such other
activities as are incident to its function.
(d) Expenditures.-The expenditures of the
architectural review board shall be within the
amounts appropriated for its purpose by the city
through its governing body. The members shall
receive no compensation for their services,
but shall be entitled to be reimbursed for per
diem and travel expenses within the state ex-
cluding the City of Key West, incurred in the
performance of their official duties as members
of the board, subject to the provisions and limi-
tations of 112.061; provided that such expendi-
tures are authorized by majority vote of the
architectural review board at a general or special
meeting at which a quorum is present prior
to incurring such travel and per diem expend-
itures by any member or employee of said board.
History.-1, ch. 72-259.
266.208 Appropriation.- The board of
county commissioners of Monroe County and the
City of Key West are hereby authorized to appro-
priate annually from such funds as may be avail-
able an aggregate amount often thousand dollars
to be used by said board in defraying part of
the costs incurred by it in carrying out the pur-
poses of this part, and the board is hereby au-
thorized to accept contributions from the United


1270


Ch. 266


Ch. 266









Ch. 266 HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES Ch. 266


States or any agency thereof or any individuals,
organizations, societies, or groups in the further-
ance of the purposes of the board.
History.--l ch. 72-259).
266.209 Boards under chapter 266 subject
to direct control of secretary of state.-The his-
toric preservation board established in this part
and the historic preservation boards of trustees,


established under chapter 266, for St. Augustine,
Pensacola and Tallahassee shall exercise their
powers, duties and functions as prescribed by
law, subject to budget review and approval by
the secretary of state. The boards of trustees
shall not be placed within a division of the de-
partment of state, but, administratively, shall
be directly under the supervision of the secretary.
History.-3, ch. 72-259.


1271


Ch. 266


HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES


Ch. 266











CRITIQUE AND NEEDED ADDITIONS


On Tuesday. March 9. in class discussion, Chapter 266

of the Florida Statues was elavuated and criticized. In the

ease of Part IV, Historic Key West:


1. 266. 203 -- Simply states in section (2) that "Board

members shall possess an active interest in the historical

aspects of Key West and the surrounding area". More

specifically, members of the Board of Trustees should

include members from local historical and preservation

societies with restoration interest and experience; Key

West citizenship should also be a determining credential

in the selection of Board membership.




2. 266. 206 and 266. 207 -- The Board of Trustees and the

Architectural Review Board should adopt a code or set of

rules for restorations, with definitions and visual

restrictions, such as in St. Augustine where the Board

has adopted the criteria professed by Albert Manucy in

his book The Houses of St. Augustine.








3. 266. 206 -- In section (16) the Preservation Board

is allowed to "borrow money", but should also have

the power to accept contributions and collect fines

for cases where people violate rules laid down by

the Bogrd.



4. 266. Q2 --- Power should be given to the Board to

work in liason with other preservation societies, or

the state.


5. 266. 207 -- (a) Membership in the Architectural

Review Board should specifically include people with

architectural expertise- training in restoration and

sympathy and knowledge for Key West architectural

history and scale. (e) The Architecutal Review Board

should have interim control over buildings, power to

deny demolition permits, and powers to encourage the

readaptive sue of buildings rather than their destrc-

tion plus. codes or a stated policy for the qualifi-

cations of improved or unimproved land..


-6--266. 209 -- The Secretary of State who supervises the

Board should have specific stated powers to bring suit

against the Board if it fails to carry out its respon-

sibilities.

















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**lth Year-No. '249 Gainesville, Florida, Wednesday, March 10 1976 Price 15'
*t*100th Year--No. 249 Gainesville, Florida, Wednesday, March 10, 1976 Price 15"


Gainmsille 4un
IIfII IllllS Jll l JIIIISII II JIlllrIl
S* SECTION
Wednesday, March 10, 1976


Key West


Old Homes


'Proctcted'

TALLAHASSEE (AP) Residents
of the Key West Historic District no
longer will be able to put screened
porches or aluminum doors on their
19th century Conch houses.
Development regulations for the
Florida Keys approved by the Cabinet
Tuesday include a ban on materials
from another era on the historic houses
unless the Old Island Restoration
Commission grants an exemption.
The guidelines seek to retain even the
color paint used in early days.
Other regulations control
development in the islands from beach
protection to requiring landscaping and
trees in certain areas.
They were adopted 5-1 without debate
by the Cabinet. Some island residents
called for stricter rules while local
officials said regulation was
unnecessary because the city and
county governments would protect the
Keys.


Agriculture Commissioner Doyle
Conner voted no, as he did in April 1975
on the declaration of an area of critical
state concern which led to the
regulations.
In another environmental action, the
Cabinet approved keeping six parcels
on top priority for purchase in the
endangered lands program and deleted
three.
However, a decision on adding six
more projects was delayed for two
weeks.
Cabinet members sought more
information on the tracts which range
from the 3,200-acre Rock Creek Ravine
in Liberty County to the 650-acre
Loxahatchee River Corridor in Palm
Beach County.
Natural Resources Director Harmon
Shields said the 12 projects plus others
under negotiations would use up the
$105 million remaining from a $200
million bond issue approved in 1972 to
buy environmentally endangered lands.
The Cabinet sent back to the
Environmental Regulation
Commission 11 state pollution control
rules which are stricter than federal
standards. James Brindell,
Department of Environmental
Regulation attorney, said the
commission wanted to consider
lowering nine of them.
The rules are to be returned to the
Cabinet by July 1.
The Cabinet also approved
unanimously 2,396 textbooks and other
educational materials recommended
by textbook councils.
























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Sl




Historic


-- Preservation





March 11, 1976






Mr. Peter F. Dessauer
1636 NW 6th Avenue
Gainesville, Florida 32603

Dear Mr. Dessauer:

This in reply to your undated letter recently received
in this office.

The Architectural Review Board referred to in Chapter 266,
Florida Statutes, has never been implemented. This is due
in part to the fact that a special law in 1969 created the
Old Island Restoration Commission which is active and has
much of the same functions as the Architectural Review Board.
Both laws are on the books and the City Commissioners have
seen fit to keep the older OIRC active and not to activate
the Architectural Review Board. I am enclosing a copy of
the 1969 law for your information.

I am referring your letter to James Hansen, Chairman of the
Old Island Restoration Commission in the event he may wish to
reply to some of your questions.

Sincerely yours,




W. Higgins, r.
Director

JWH/tjc
cc: Mr. James Hansen
#3 Higgs Lane
Key West, Florida 33040





S Department of State Division of Cultural Affairs
I i Bruce A. Smathers Historic Key West Preservation Board-John W. Higgins. Jr., Director
S Secretary of State Monroe County Courthouse, Key West. Florida 33040 305/294-7511
State of Florida Florida Historic Preservation Boards: St. Augustine Pensacola Tallahassee Key West













LAWS OF FLORIDA


effective and be in full force and effect upon the approving
votes of a majority of the electors residing in-the- territorial
boundaries as set forth herein participating in a special election;
The board of commissioners of the city of Key Colony Beach
is herewith authorized, empowered and directed to call a special
election at such time, subsequent to the effective date of this
act, and at such place as they shall designate within the terri-
torial limits of said city of Key Colony Beach as herein de-
scribed, by the passage _of an ordinance, which said ordinance
shall give notice of the time and place of such special election
and shall be published-once inrsome newspaper of Monroe
county, Florida, ten (10) days prior to election day, or-by
posting-the-said ordinance--in three -(3)-places&.f-public-.esort
within- the vicinity, ten-(d0) days prior to election-day-wherein
all persons who are registered voters residing within such terri-
torial limits are notified of the purpose of the said election and
of the time and place that the said election will be held.
Became alaw without the Governor's approval.
Filed in Office Secretary of State-July 9,-1969.--



CHAPTER 69-1187
House BilLNo.-552
AN ACT creating 'thOld Island Restoration Commission f the
City of Key West,-Ionria; providing or the membership of
said commission of the filling of vacancies thereon; declaring
vacancies on said commission under certain circumstances;
providing for organization and regular meetings of said com-
mission; defining the purpose of said commission as the pre-
servation of- buildings-of-architectural and historical value in a
certain area; in said city, and defining-said area; authorizing
the City Commissiorne-the&LCity-ofK Key West, .Floridates
grant certain powers and duties to said commission to carry
out the provisions-of -thisact; declaring-the-previsions f-4his
act to be-a publie-purpose,-and authorizing-said- City-Com-
mission to purchase and acquire certain buildings in said area
defined herein; providing that plans-for the construction,
repairing, repainting, alteration, remodeling or demolishing of


1440


CHAPTER 69-1187













LAWS OF FLORIDA


any buildings or additions to buildings in said area defined
herein be submitted to the Old Island Restoration Com-
mission for approval, and authorizing said commission to
report its recommendations to the Public Service Director of
the City of Key West, Florida for action in accordance with
the provisions of this act; providing that ifany applicant for
permit required under the provisions of this act refuses to
comply with action taken -by said Old Island Restoration
Commission or said Public Service Director, or if said Public
Service Director disagrees with the action of said commission,
the City Commission of said city shall, after hearing, effect
reasonable compliance with the provisions of this act; pro-
viding for the regulation of signs in the area of said city
defined in this act; providing for the submission of application
for sign permits to said Old Island Restoration Commission
for approval-in conformity-with the provisions of this act;
declaring violations of this act to be misdemeanors and pro-
viding a penalty-for same; repealing all laws and parts of laws,
whether general, special or local, in conflict with this act, to
the extent-of such conflict; declarihggthe--legislativenintention
as to the repealing-of-this-act by-any-aet passed at the regular
session of the Legislature in 1969, or any future session of
the Legislature; 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 a commission to be known
as the Old Island Restoration Commission of the City of Key
West, Florida, to be composed of five (5) members, all of whom
shall be citizens of the City of Key West, Florida. The members
of said Old Island Restoration Commission shall be appointed by
the Mayor of said city as follows: one from a list of two persons
recommended by the Key West Art and Historical Society; two
from a--list- of- four persons-recommended.-by- the Old Island
Restoration Foundation, Inc.; one from a list of two persons
recommended by the Historical Research Department of the
Monroe County Library; and one local qualified architect, When-
ever the term of a member of said commission appointed from
such lists expires or a vacancy otherwise occurs, the Mayor of
said city-shall appointa-successor-or-the-unexpired term from a
list selected by the-body -which-made-he original-selection-as
aforesaidi Each of -thei rmembers f- said: -coinmission-shall-be
appointed for- acterm -of-onei1)year, and shall serve without


1441


CHAPTER 69-1187












CHAPTER-69187----LAWS -OF FLORIDA-


compensation. Members shall continue to hold office-until their
successors-have been appointed and qualified.c f -a member-of
said commission is absent -from three-(3) consecutive commission
meetings without excuse, his seat on said commission shall be
vacant, and a successor shall be appointed in-the manner set
forth for filling other vacancies. The commission, when appoint-
ed, shall immediately hold an organizational meeting and elect a
chairman, secretary and any other-necessary officers. Thereafter,
the commission shall hold regular monthly meetings on-the
second Monday of each month-in the City Commission Cham-
bers in the City Hall, Key West, Florida. The-secretary of-said
commission-shall record-the -minutes fof-said meetinge-and file-a
copy of such minutes-in-theoffice-of the City-Clerk -of-the-City
of Key West, Florida:
Section 2. The said Old Island Restoration Commission shall
have for its purpose the preservation of such buildings in the
hereinafter described area to be known as the Old Section of the
City of Key West, Florida, as in the opinion-of said -commission
shall be-deemed to have architectural and historical value, and
which buildings- should be preserved for the benefit of the
people of the City of Key West, Florida and the State of
Florida, and to that end said commission shall be given such
powers and duties as the City Commission of the City of Key
West, Florida--shall deem-fit and necessary--to-carry out the
provisions of this section.

Section 3. The Old Section of the City of Key West, Florida
is hereby-defined to comprise--althat area-withinthe city limits
of the City of Key West, Florida contained within the following
boundaries:
Commencing -o -the-center-line -oLFrontStreet,-projected
to -the -aters-of--theharbor-and running-thence in a
Westerly direction along 4he center'line rof Front 'Street-to
where-it-intersects the center-line of- Simonton- Street;
thence :at :right angles- in -a- Southerly directionn ,along the
center line of Simoriton :Streetito -where-it- intersects the
center line of Greene Street thence-at-ght--angles in an
Easterly direction along the_ centerline-of Greene-Street to
where it intersects the center line of Elizabeth Street;
thence at right angles in a Southerly direction along the
center line of Elizabeth Street to where it intersects the


1442













LAWS OF FLORIDA


center line of Caroline Street; thence at right angles in an
Easterly direction along the center line of Caroline Street
to where it intersects the center line of Grinnell Street;
thence at right -angles in -a Southerly direction along the
center line of Grinnell Street to where it intersects the
center line of James Street; thence at right angles in an
Easterly direction along the center line of James Street to
where it intersects the center line of Frances Street; thence
at right angles in-a Southerly directionailong the center line
of Frances Street-to where it intersects the center line of
Eaton Street; thence at right angles in an Easterly-direction
along the center line of Eaton Street to where it intersects
the center line of White Street; thence at right angles in a
Southerly direction along the center line of White Street to
where it intersects the center-line of Angela Street; thence
at right angles in a Westerly direction along the center line
of Angela Street to where it intersects the center lines of
Margaret Street and Passover-Lane; thence at right angles in
a Southwesterly direction along the center line of Passover
Lane to where-it intersects the centerline of-Windsor Lane;
thence at right angles in a Northwesterly- direction along
the center line of Windsor Lane to where it intersects the
center lines of Elizabeth and Angela Streets; thence at an
angle in a Westerly direction along the center line of Angela
Street to where it intersects the center line of Whitehead
Street- thence -at right anglesin: aNortherly-direction-,along
the center line of Whitehead 'Street to where it intersects
the center line of Southard Street; thence at right angles in
a Westerly direction along the center line of Southard
Street to where it intersects the center line of Thomas
Street; thence at right angles in a Northerly direction along
the center line of Thomas Street to where it intersects the
center line of Fleming Street; thence at right angles-in an
Easterly direction along the center line of Fleming Street to
where it intersects the center line of Whitehead Street;
thence -at right angles-irr- a Northerly direction along the
center line of Whitehead Street to where it intersects the
center line of Greene Street; thence at right angles in a
Westerly-direction along-the center line-ofGreene Street to
whereit-intersects-the center line of Front Street; thence at
an angle-in-a -Northeasterly directiona ongth e-ceiter'ine
of Front Streett here4tlttersects-herNortheriyboun


1443


CHAPTER 69-1187















dary line of the U.S.- Coast-Guard property, extended--ima-r
Southeasterly direction to said center line; thence in a
Northwesterly direction at an angle-along-a line extended
from said intersection in a Northwesterly direction, to the
waters of the Gulf; thence meandering the shoreline of
Squares 3, 2 and 1 as shown on William A. Whitehead's
map of the City of Key West, delineated in February,
1829, back to the point-of beginning; EXCLUDING
THEREFROM any property owned by the United States
Government, and those three_ (3) blocksof Duval Street
lying between Eaton and Angela Streets, BUT NOT EX-
CLUDING THEREFROM anr-yproperty -=owniedtby StPaul's-.-
Episcopal-Churcfhof Key West, Florida.-=-

Section 4. The preservation of the buildings in the above
defined Old Section of Key West, Florida, having architectural
and historical value, is hereby declared to be a public purpose
and the. City of Key West, -Florida is-hereby- authorized.-o-
acquire by purchase or expropriation or-otherwise such buildings
and other structures in said section of said city as the Old Island
Restoration Commission may recommend to the City Commis-
sion.

Section 5. Hereafter and for the public welfare and in order
that the-quaint- and-distinctive character of the Oid Section-of-
the City of Key West, Florida-may not-be injuriously-affected,
and in order that the value to the community of those buildings
have architectural and historical worth may not beimpairedand
in order that a reasonable degree of control may be exercised
over the architecture of private and semi-public buildings erected
on or abutting the publicstreets-or alleys of-said Old Section,
before the commencement of-any work -in-the=erectirn-of -any
new building,-or--the repairing,=repainting,-alteratioxn, remodeling
or demolishing LLany existing-buildingIi) or-tiona _
to front on any_public street or alley n- the Old -Section,
application -by-the-owner for-a permittherefor-nust be-madeto=
the Old Island Restoration Commission, accompanied by the full
plans and specifications thereof, so far as they-relate to the
proposed appearance, color, texture or materials and architec-
tural design of the exterior, including the front, sides, rear and
roof of said building, alterations or additions or any out-build-
ings, party wall, courtyard, fence or other dependency thereof,


1444


LAWS OF FLORIDA


CHAPTER 69-1-87















and said commission shall upon due consideration report thereon
promptly its recommendations, including such changes, if any, as
in its judgment-are reasonably necessary to comply with the
requirements of this act, by -sending the same in writing to the
Public Service-Director-of the City of Key West, Florida, with
said application and documents- and if- the-same are -found by:
said -Public Service -Director -to=- comply--=reasonably with
the requirements of this act, and if-said application and;intended-
work shall conform also to: all other regulationsordinances and-
laws of the City of Key West,-Floridia then said Public Service
Director shall issue -promptly the, permit -for-said -work, and
indicate on said permit-the extent and nature-of-the work to be
performed-thereunder. Said Public Service Director shall prompt-
ly stop any-work attempted to-be done withoutbor- contraryto_
said permit,-and shall promptly prosecute any-personr-firm or
corporation and their agents responsible for such violation of
this act or engaged, in such violation. If the applicant shall refuse
to accede to-said reasonable -changes recommended by said Old
Island Restoration-Commissions-or- if said commission-shall dis-
approve any applicationi-orif thePublic Service Director finds
that the recommendations-:of-said commission-_do not comply
reasonably -with the requirements-of. this. act,. the said Public
Service )Director-shall promptly:, -withini-fiVe -(5)-days, forward:
such- matters with his written comments~ o thei-City-Commissiorr-
for such action as in its judgment shall be-necessary, and after
notice and affording an opportunity to the applicant and to said
Old Island- Restoration.Commission-and other protesting parties
to be heard, shall effect reasonablecompliance with said recom-
mendations and/or-. this- acts provided.-that any, officer- or-au-
thorized agent- of said- commission shall exercise -concurrent-or
independent powers with-the Public Service Director in prosecut-
ing violations-of-this act and stopping any work attempted to be
done without or contrary to the permits required by this act.

Section 6. -For the public welfare and other purposes stated
in Section 5 of this act, no sign,-as: defined hereinT- shall-be-
displayed in the Old Section of the-City of Key West, Florida
until a permit shall first have been applied therefore to the Old
Island- Restoration- -Comnmission; and- issued;nn -accordance with
Section 5 of this act, but no permit shall be required in the case
of theatres-zor-commercial establishments changing the bilL in
their -acts- and- featuresr-or-the- naturehof-;their -commodities and


1445


LAWS OF FLORIDA


CHAPTER 69 1187















wares and price thereof, on established and approved frames.
Existing ,hotels having a room capacity of fifty (50) rooms or
over and all existing theatres housed in buildings having no
architectural-or historic value shall be_.allowed to maintain such
displays as are permitted by law to establishments of this nature
in other sections of said city.
Section* 7. (a) No sign of any character-shall_bedisplayed in
the Old Section -unless such sign- advertises=a-bona fide-business
conducted in or- on the said premises; provided--that-not- exe
ceeding fifty per centum (50%) of the area of such sign may be
used to advertise products or commodities actually sold on the
premises.

(b) Any sign displayed-iwhich -noA:onger advertisesaa4-bona
fide business conducted upon the premises as specified- in the
paragraph above shall, upon notification by the Old Island
Restoration Commission or its agent (who is hereby specifically
authorized to so proceed), to be taken down, removed-.or
obliterated within five (5) days of such notification, and failure
to so comply on the part-of the owner,-occupantiagent or
person having the beneficial use-- ofany building-or premises
upon which said sign may be found shall be subject to the
penalty provided-herein,--
(c) The display of signs of a miscellaneous character visible
from -the public streets, highways, alleys, etc., within the Old
Section-of-the City of Key West, Florida as defined herein,
except as otherwise provided in this act, and according to the
rules and- egulations-as herein provided;isprohibited_
Section-8.- Allapplications for permits-to- display= signs fithinr
the meaning-o these reguatiaon5ithinhe-JOldS1-S iono-he
City of Key West, Florida shall be-submitted-to-the-Old-Islandc
Restoration Commission for approval before-aa permit therefore
may be issued, in conformity with Section 5 of this act.

Section 9. Any person, official, firm or corporation violating
any of the provisions of this act shall be guilty of a mis-
demeanor, and upon conviction thereof shall be punished by a
fine not exceeding one hundred dollars ($100.00), or imprison-
ment for a term not exceeding ninety (90) days, or both, at the
discretion of the court having jurisdiction, and the continued


1446


CHAPTER 69-1187


LAWS OF FLORIDA .













LAWS OF FLORIDA


violation shall be and constitute a separate offense under this act
for each and-every-day such -violation-of any provision shall
continue and shall be punishable as. herein provided,_provided
that any officer or authorized agent of the Old Island Restora-
tion- Commission --shall-exercise -concurrenttor independent
powers with- the Public--Service :Director-of-the City of Key
West, Florida in prosecuting _iolations-of thisact, and stopping
any work attempted to be-done without or contrary to the
permits required.cy_this act._
Section 10. All laws and parts-of laws, whether general,
special or local, particularly'Chapter 65-i773, -Laws of Florida,
Acts of the Legislature Year--1965,-and =any ordinances-of-the
City of Key West, Florida1-mi-conflict-witth-this-act are hereby
repealed to the extent of such conflict.
Section 11.-It is hereby- declared.to--be -the intention of- the
Legislature -that this act-shall -not- be-deemed-repealedby =the
passage--of any act, whether--general4specialor- local,-atthis
regular session ofLthe Legislature -or-at any-future-session of the
Legislature,- -unless-the- actseeking-the= repeaLootthis-act shall
specifically refer to-this-act -.--:
Section- 12. T-hisact--shall-Utake-effectminmediately upon its
becoming a law.
Became law without the-Governor's approval.
Filed in Office Secretary io6State June 29.1969.



CHAPTER 69-1188
House Bill No. 2644
AN ACT providing for the election of the municipal judge of
the municipal court of the City of Key West,-Florida- for a
term of four (4) years; providing for the qualifications of
candidates or- electionAto-said .office- providing ent municipal judge of said city to hold office until the
election-of the first municipal judge in accordance with the
provisions-of this-act;-- repealing. Chaptr-23089 ILaws-_ of
Florida, Acts of--thieegislature-Year d55aU=d=allaws and
parts-ef-aws,-whetheigener~L i J'ocal i -aonflict


1447


CHAPTER 69-1188