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Ordinance 001-1980 ORDINANCE NO.1 -1980 AN ORDINANCE OF MONROE COUNTY, FLORIDA, IMPOSING AND LEVYING A TWO PERCENT (2%) TOURIST DEVELOP- MENT TAX THROUGHOUT MONROE COUNTY PURSUANT TO THE FLORIDA LOCAL OPTION TOURIST DEVELOPMENT ACT, FLORIDA STATUTES 125.0104; PROVIDING FOR THE COLLECTION OF SAID TAX; PROVIDING THAT THE REVENUE SO RAISED SHALL BE UTILIZED TO IMPLEMENT THE MON- ROE COUNTY TOURIST DEVELOPMENT PLAN; PROVIDING FOR REFERENDUM ELECTION TO IMPOSE AND LEVY THE TAX; PROVIDING FOR REFERENDUM ELECTION TO REPEAL THE TAX; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Local Option Tourist Development Tax, Florida Statute 125.0104, (1978), permits the Board of County Commissioners to levy a tourist development tax in the manner prescribed in this Statute, and WHEREAS, the Board of County Commissioners adopted Resolution No. 177-1979, establishing and appointing the Monroe County Tourist Development Council in the manner pre- scribed by Florida Statute 125.0104(4) (3), and WHEREAS, the Monroe County Tourist Development Council presented to the Board of County Commissioners its plan for tourist development on November 20, 1979, in the manner pre- scribed by Florida Statute l25.0l04(4)(c), now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. LEVY AND IMPOSITION OF TOURIST DEVELOPMENT TAX: A. There shall be levied and imposed throughout the incorporated and unincorporated areas of Monroe County, Florida, a tourist development tax at a rate of two percent (2%) of each whole and major fraction of each dollar of the total rental charged every person who rents, leases or lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apart- ment motel, rooming house, tourist or trailer camp or condominium for a term of six (6) months or less. When receipt of consideration is by way of property other than Page 1 of 7 Pages 2l.o.3 money, the tax shall be levied and imposed on the fair market value of such non-monetary considerations. B. The tourist development tax shall be in addition to any other tax imposed pursuant to Chapter 212, Florida Statutes and in addition to all other taxes, fees and the considerations for the rental or lease. C. The tourist development tax shall be charged by the person receiving the consideration for the lease or rental and it shall be collected from the lessee, tenant or customer at the time of payment of the consideration for such lease or rental. SECTION 2. COLLECTION: A. The person receiving the consideration for such rental or lease shall receive, account for and remit the tax to the State of Florida Department of Revenue at the time and in the manner provided for persons who collect and remit taxes under Section 212.03, Florida Statutes. The same duties and privileges imposed by Chapter 212, Florida Statutes upon dealers in tangible property respecting the remission and collection of tax, the making of returns, the keeping of books, records and accounts, and compliance with the rules of the Florida Department of Revenue in the administration of said Chapter shall apply to and be binding upon all persons who are subject to the provisions of this act; provided, however, the Department of Revenue may authorize a quarterly return and payment when the tax remitted by the person receiving the consideration for such rental or lease for the preceding quarter did not exceed $25.00. B. The said Department of Revenue shall keep records shm.ing the amount of taxes collected, which records shall also include records disclosing amount of taxes collected for and from each county in which the tax authorized by this act is applicable. These records shall be open to the public during the regular office hours of the said Department of Revenue, as provided in Section 213.072, Florida Statutes. Page 2 of 7 Pages 2. II,", C. Collections received by the Department of Revenue from the tax, less costs of administration of this ordinance shall be paid and returned, on a monthly basis to the County Administrator of the Board of County Commissioners of Monroe County, Florida, for use by the County in accordance with the provisions of this ordinance and shall be placed in the "Monroe County Tourist Development Trust Fund". D. The said Department of Revenue, under the applicable rules of the Career Service Commission, is authorized to employ persons and incur other expenses as appropriate by the legislature of the State of Florida to administer this ordi.nance. E. The said Department of Revenue may promulgate such rules and may prescribe and publish such forms as may be necessary to effectuate the purposes of this ordinance. SECTION 3. MONROE COUNTY TOURIST DEVELOPMENT COUNCIL: A. Pursuant to Florida Statute, 125.0104(4)(3), the Board of County Commissioners of Monroe County appointed the Monroe County Tourist Development Council by Resolution No. 177-1979 on August 14, 1979. B. The members of the Council and their respective initial terms of office are as follows: NAME TERM OF OFFICE Don Schloesser, Chairman Board of County Commissioners During his term as Chairman and as reappointed by the Board of County Commissioners Bruce Esquinaldo, Commissioner City of Key West Two (2) years William Hussey, Mayor City of Key Colony Beach Richard Cadman, Manager Continental During his term as Mayor and reappointed by the City Council of Key Colony Beach Three (3) years William Bill King Kings Villas Four (4) years Don Collister, Manager Baywood Apartments Three (3) years Yage 3 of 7 Pages z.. ~S NAME TERM OF OFFICE Joseph Liska, Owner Key West Fragrance & Cosmetic Factory, Inc. Four (4) years Ed Knight, Manager Knight Realty Three (3) years Ed Swift, Owner Old Town Development, Ltd. C. The Council shall prepare a Monroe County Tourist Four (4) years Development Plan in the manner prescribed by Florida Statute 125,0104(4)(c). The Council shall also, from time to time, make recommendations to the Board of County Commissioners for the effective operation of the special projects or uses of the tourist development tax revenue and may perform such other duties or functions as may be prescribed by ordinance or resolution. D. The Council shall continuously review expenditures of revenues from the Tourist Development Trust Fund and shall receive at least quarterly expenditure reports from the Board of County Commissioners or Clerk of the Board of Courlty Commissioners. Expenditures which the Council believes to be unauthorized shall be reported to the Board of County COITrnlissioners and Department of Revenue. The County Commis- sioners and Department of Revenue shall review the Council's findings and take appropriate action to ensure compliance with this ordinance and the provisions of Florida Statute 125.0104. SECTION 4. TOURIST DEVELOPMENT PLAN: A. The Monroe County Tourist Development Council estimates that the levy and imposition of the tourist devel- opment tax will generate a gross revenue to Monroe County within a twenty-four (24) month period of Two Million One Hundred Thousand Dollars ($2,100,000.00) and that costs of collection of the tourist development tax by the Department of Revenue will estimate approximately Twenty Thousand Dollars ($20,000.00) within a twenty-four (24) month period. The Council, therefore, estimates that the tourist development Page 4 of 7 Pages "2~l,. tax will generate a net total of Two Million Eighty Thousand Dollars ($2,080,000.00) within a twenty-four (24) month period. B. The Council recommends that the revenues from the tourist development tax be utilized for the following projects and uses which are listed by order for priority and approxi- mate allocation: PROJECT APPROXIMATE ALLOCATION FOR 24 MONTHS $990,000.00 PERCENTAGE OF NET REVENUE FOR 24 MONTHS 1. To promote and advertise Monroe County tourism within domestic and international markets. 50% 2. To promote County tour- ism by sponsoring tourist-oriented cul- tural and special events such as visual and per- forming arts including, but not limited to, theater, concerts, re- citals, opera, dance, art exhibitions, festi- vals, tournaments, races, and other tourist- related activities. $594,000.00 30% 3. To fund Chambers of Commerce or similar associations in the County. Further, the funds received and to be expended above shall $396,000.00 20% be used in areas of Monroe County from which it is derived as determined by the Tourist Development Council. SECTION 5. PENALTIES AND LIENS: A. Any person who is taxable hereunder who fails or refuses to charge and collect from the person paying any rental or lease the taxes herein provided, either by himself or through his agents or employees, shall be, in addition to being personally liable for the payment of the tax, guilty of a misdemeanor of the second degree, punishable as pro- vided in Section 775.082, Section 775.083 or Section 775.084, Florida Statutes. B. No person shall advertise or hold out to the public in any manner, directly or indirectly, that he will Page 5 of 7 Pages 2-1.,'1 absorb all or any part of the tax, or that he will relieve the person of paying the rental of the payment of all or any part of the tax, or that the tax will not be added to the rental or lease consideration, or when added, that it or any part thereof will be refunded or refused, either directly, or indirectly, by any method whatsoever. Any person who willfully violates any provision of this subsection shall be guilty of a misdemeanor of the second degree, punishable as pro,'ided in Section 775.082, Section 775.083 or Section 775.084, Florida Statutes. SECTION 6. REFERENDUM: A. This ordinance shall not take effect until approved in referendum election by a majority of the electors of Monroe County voting in such election. B. The Board of County Commissioners shall place on the ballot at the regular election to be held in Monroe County on March 11, 1980. A question which shall read substantially as follows: -----{----------FOR the Tourist Development Tax -----t----------AGAINST the Tourist Development Tax SECTION 7. REPEAL OF THE TOURIST DEVELOPMENT TAX: A. Upon petition of fifteen percent (15%) of the electors in the unincorporated and incorporated areas of Monroe County, the Board of County Commissioners shall cause an election to be held for repeal of the tourist development tax. SECTION 8. MODIFICATION OF TOURIST DEVELOPMENT PLAN: A. The tourist development plan contained in Section 4 of this ordinance may not be substantially amended except by ordinance enacted by a four-fifths (4/5) majority vote of the Board of County Commissioners. SECTION 9. SEVERABILITY: A. It is declared to be the intent of the Board of County Commissioners that, if any section, subsection, sen- tenance, clause, phrase, or portion of this ordinance is for ?age 6 of 7 Pages ~~~ any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 10. EFFECTIVE DATE: A. This ordinance shall become effective the first day of the month following its being approved in a referen- dum election in the manner prescribed in Section 6 and upon its being filed with the Office of the Secretary of State in Tallahassee with a certified copy being furnished to the Department of Revenue who shall be in collection of the tourist development tax on the first day of the month follow- ing approval in the referendum election. BOARD OF COUNTY COMMISSIONERS OF MONROE/~OUNTY FLORIDA /../ / 7 By . t!~_.. (Seal) 7,?~hz ,. Cler ADOPTED: January 29, 1980 FILED WITH SECRETARY OF STATE: EFFECTIVE: f\bru "'''1 ~ I \ '\ g 0 February 5, 1980 APPIIOVtD M TO 'OIIM AND UfJAt ItJHlCfENCY. BY A~.OH"_ Page 7 of 7 Pages ,-'" 1.11 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Thursday, January 3, 1980, at 10 : 00 A.M. at the Plantation Key Governmental Center, Plantation Key, Monroe County, Florida; on Tuesday, January 15 , 1980 , at 10 : 00 A.M. at the Marathon Subcourthouse, Marathon, Monroe County, Florida; and on Tuesday, January 29 , 1980 , at 10 :00 A.M. in Courtroom "B" , Courthouse Annex, Key West, Monroe County, Florida, the Board of County Comuaissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance : ORDINANCE NO. -1980 AN ORDINANCE OF MONROE COUNTY, FLORIDA, IMPOSING AND LEVYING A TWO PERCENT (2%) TOURIST DEVELOP- MENT TAX THROUGHOUT MONROE COUNTY PURSUANT TO THE FLORIDA LOCAL OPTION TOURIST DEVELOPMENT ACT, FLORIDA STATUTES 125 . 0104; PROVIDING FOR THE COLLECTION OF SAID TAX; PROVIDING THAT THE REVENUE SO RAISED SHALL BE UTILIZED TO IMPLEMENT THE MON- ROE COUNTY TOURIST DEVELOPMENT PLAN; PROVIDING FOR REFERENDUM ELECTION TO IMPOSE AND LEVY THE TAX; PROVIDING FOR REFERENDUM ELECTION TO REPEAL THE TAX; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS ; PROVIDING AN EFFECTIVE DATE. DATED at Key West , Florida, this 7th day of December, 1979 . RALPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publish: Tuesday, December 11, 1979 Please send statement to : Ralph W. White, Clerk Monroe. County Courthouse 500 Whitehead Street Key West , Florida 33040 Please send proof of publication to: Michael H. Cates , Esq. Legal Advisor 505 Whitehead Street Key West, Florida 33040 Z 7 0 . j)c.crdatl! af ~tatc STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 (904) 488-3680 GEORGf: FIRf:STONE SECRETARY OF STATE February 8, 1980 Honorable Ralph White Clerk of Circuit Court Monroe County Courthouse 500 Whit.ehead Street Key West, Florida 33040 Attention: Virginia Pinder, Deputy Clerk Dear Mr. White; Pursuant to the provisions this will acknowledge: vC' of Section 125.66, Florida Statutes, Receipt of your letter/s and certified copy/ies of County Ordinance/s No./s of February Monroe 5, 1980 80-1 2. Receipt of relative to: (al County Ordinance/s which we have numbered (bl which we have numbered ~ We have filed this/tb~~~ Ordinance/s in this office Fphrn:=ary ~, 1980. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. NK/mb Cordially, 1.- 1 \