Item S10
'" 3:00 P.M. PUBLIC HEARING '"
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16. 2009 - MAR Division: County Attorney
Bulk Item: Yes - No -1L Staff Contact: Cynthia Hall. #3174
AGENDA ITEM WORDING:
A Public hearing to consider adoption of an ordinance deleting Sections 23-85 of the Monroe County
Code.
ITEM BACKGROUND:
There is currently no provision in Chapter 23 of the Monroe County Code that sets a business for
owners renting or leasing commercial property. Section 23-100 of the Code, the miscellaneous
provision, sets a default amount of $225 for all businesses whose taxes are not specified in another
section of Chapter 23. This amendment, which was drafted .in consultation with the Tax Collector,
would create a new subsection of MCC 23-85 setting a business tax of $20 per unit for owners of
commercial property renting or leasing to commercial tenants.
PREVIOUS RELEVANT HOCC ACTION:
8/19/09 BOCC approved Public Hearing for September 16, 2009 at 3:00 p.m. in Marathon
CONTRACT/AGREEMENT CHANGES:
Not applicable.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: Cost of advertising INDIRECT COST: N/A BUDGETED: Yes _No -
DIFFERENTIAL OF LOCAL PREERENCE: N/ A
COST TO COUNTY: Cost of advertising SOURCE OF FUNDS:
REVENUE PRODUCING: Yes -1L No_ AMOUNT PER MONTH - Year -
APPROVED BY: County Atty _ O:rvm/Purchasing _ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. -2009
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA; AMENDING SECTION 23-85 OF THE
MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, no section of the Monroe County Code (MCC) currently sets a
business tax to be collected for commercial property rental other than MCC Section
23-100, which provides that any person engaged in the operation of a business that
does not fall within any other provision of Chapter 23 must pay a business tax of
$225.00; and
WHEREAS, MCC Section 23-85 currently sets the business tax to be paid by
persons engaged in the business of renting public [odgir1gs and by owners,
managers, rental agents and associations engaged in the daily, weekly, monthly, or
yearly rental of accommodations, but does not address commercial property rental;
and
WHEREAS, the County desires to clarify the amount of business tax to be
paid by owners renting or leasing commercial property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF 'MONROE COUNTY, FLORIDA, AS FOLLOWS:
[PROPOSED TEXT CHANGES are presented in strikethrough to indicate
deletions and underline to indicate additions.]
Section 1. The heading of Section 23-85 is amended to read as follows:
Sec. 23-85. Hotels, apartment hotels, motels, etc. Rentals.
Section 2. Section 23-85( e) of the Monroe County Code is added to read
as follows:
~ Every owner enqaqed in rental or leasinq of commercial property to
commercial tenants. includinq booth tenants, includinq but not limited
to malls and shoppinq centers, shall pay the amount of $20.00 per unit.
Section 3. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected such
invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of the conflict.
Section 5. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances in the County of Monroe, Florida, as
additions or amendments thereto.
1
Section 6. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the _ day of September,
2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL) BOARD OF COUNTY
Attest: DANNY L. KOLHAGE, Clerk COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: Deputy Clerk By: Mayor/Chairperson
2
S~/O
The Reporter
P.O. Box 1197 -l"avemier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-0199
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared DA VID GOODHUE who on oath, says
that he is EDITOR of THE REPORTER, a weekly
newspaper entitled to publish legal advertising
published at Tavernier, Monroe County, Florida:
that the attached copy of advertisement, being
LEGAL NOTICE in said newspaper in the issue
of:
AUQust28,2009
Affiant further says that THE REPORTER is a
newspaper published at Tavernier, in said
Monroe County, Florida, and that the said
newspaper has heretofore been continuously
published in the said Monroe County, Florida,
each week (on Friday), and has been entered as
second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for
a period of one year next preceding the first
publication of the attached copy of
advertisement; and affiant further says that she
has neither paid nor promised any firm, person,
or corporation any discount, , rebate,
commission or refund for the purpose of
securing this advertisement for publication in
the said newspaper and that The Reporter is in
full compliance with Chapter 50 of the Florida
State Statutes 0 gal and Official
Advertiseme/: ..// ~..... ",,' I
:x c .... >\
,,// , 0 l> r=
Zn;,: , ~ 1-
::or-z (2 ~
Sworn to anct su scribed before me 318 day of OfTI-<
rr1 :;0 .."
(""')~r- -- 0
Auaust 2009. -
OnA :0
J. l:J~Q~i f2 c-o ~ :D
Z?Or
~C11\ "\ ~ Q -to:r: ~
;<:-f)> " c-)
I
..." C> .. ,"
Not 8 (3( ~6<1 r- r'1
....
-
FILED F'OR RECORD
Published Twice Weekly 2809 SEP 17 Aft 9: It!
Marathon, Monroe County, Florida
PROOF OF PUBLICATION OA~Jr~!Y L. KOLH,4GE
Cf r:r:::>< r-"O!p' r'T
-L..I,,: 1. 0. \. V .
r~ 0 ij;, $ f''': ;-- r- D \(rc FL
~ .... p~ f-\ iJ ,::
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
~ &:>00'9
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe Cou nty ,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the fi rst
publication of the attached copy of
advertisement. l-he affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Keys Keynoter is in full
compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertis en ts.
~
~
ds ~ribed before me
y tl//'j't't4-t ,2009 ,
(SEAL)
l"
4fJz'tty [~/;1L Scif #..."~ BEVERLY TRAEGER
Notary i ~ _I MY COMMI~ION '* D?54~1J.l
~DF~~~ EXPI.RES. Apr. 18. '01e
f4(7) 3ge.o153 Florida Noteay S~ce.com
~-...,,"'..
tlt
Of' ,
CON_R
A~O'COUNTY
ORDINANCE
N,OnCE IS .ltEAEBY GIVEN TO ST ATE OF FLORIDA
WHOM IT MAY CONCERN that
.on Sep~r 16;2009 at 3:00 DANNY L. KOLHAGE, ~OUNTY OF MONROE
P.M., ,or -as, soon thereafter as Clerk of the 'Circuit Court
mar be' he8rd~ at the Marathon and ex officio Cierk of ;
Government Cen~r, 2798 the Board of County
0ver8e88 Highway, Mile Marl(er Commissioners of luthority personally appeared Randy G. Erickson, who
.50, MarathOn, 'Monroe Courtty,. Monroe County, Florida.' ice-President of Advertising Operations of the Key
Florida, the ," Board of County' August 23, 2009
Commissioners of Monroe County, --'H~'---'I~, U-~UJ.J.Y Ilt:wspaper published in Key West, in Monroe County,
Florida, intends to consider the
adQptjon of the following County Florida;
ordinance: 1 that the attached copy of advertisement, being a legal notice in the matter of
AN ORDINANCE QFTHE r777
-BOARD OF COUNTY ... tr
- COMIItsSIONERS OF'MONR()E :19
COUNTY, FLOf'IDA; AMENDIt~G lO25
IeCTION 23-85 OFTHE ~.com
IIONROE COUNTY CODE;
PROVIDING FOR
IIVIIIAB1UTY; PROVIDINCi IG
POR THE REPEAL OF ALL
~IJllHCES INCONSISTENT was published in said newspaper in the issue(s) of
_TH; PROVIDING FOR - ~wJ ;2~~#r
.-cORPORAnON INTO THE:
IIOIJIIOE COUNTY CODE OF
ellDllMQE8; AND PROVIDIING
MlIFFECTlVE DATE.
Pursuant to Sec1ion 286.0105, Affiant further says that the Key West Citizen is a newspaper published in
Florida Statutes, _ notice is given Key West, in said Monroe County, Florida and that the said newspaper has
that if a person decided to appeal
~ny decision made by the Board heretofore been continuously published in said Monroe County, Florida every
with respect to any.matter day, and has been entered as second-class mail matter at the post office in Key
considered at such hearings or
meetings, he will need a record of West, in said Monroe County, Florida, for a period of 1 year next preceding the
the proceedings, and that, for such
purpose, he' may need to ensure first publication of the attached copy of advertisement; and affiant further says
that a verbatim record of the that he has neither paid nor promised any person, firm or corporation any
proCeedings is made, which record :5
i~udes the testimony and discount, rebate, commission or refund for the purpose of securing this
eV:=nce upon which the appeal is advertisement for publication in the said newspa e
to . based.
ADA ASSISTANCE: If you are a ...
. person with a cJisability who nEPeds rI E5 -.-
speCial accommodations in order'
to -participate in. this proceeding, Signature of Affiant
please contact'the County
Administrator's Office, by phoning
(305) 292-4441, between the
hours of 8:30 a.m. - 5:00 p.m., no Sworn and subscribed before me this~ day of ~fl
' 2009
x ("') % . f'II
I t:l ~\J~-~~'- I uvU ::rj r % c:J
OfTl-<
Fax 305-294-16,99 Notary Public: rn::o .- d
sales@keywes1.com C"')~r ..---
cin~ ~
Middle Keys Office Marsha F. Kirkwood ;?i ~ tI =
6363 Overseas Hwy ~ ;<~~JCY/ -1(""):1: W n
Marathon, FL (MIVl 52.5) ;<--1)> I
33050-3342 ~. C') - . .
Tel 305-743-87615 r rrt ....
Fax 305-743-997'7 Expires: September 15, 2013 Notary Seal
marathon(tV,kevsne'NS.com
Upper Keys Office ","'~~:r;:"##" MARSHA F. KIRKWOOD
91731 Overseas Hwy '~~A~;;' MY COMMISSION · DO 890880
Tavernier, FL 33070 ~." . {J/ EXPIRES: September 15, 2013
Tel 305-853-727'7 '-l~,iif."i:~f~~'" Bonded Thru Notary Public Undefwriters
Fax 305-853-0556
freepress@floridakeys.com
Personally Known x Produced Identification
Type of Identification Produced
1O
Sec. 23-85. Hotels, apartment hotels, motels, etc.
(a) Every person engaged in the business of renting public lodgings,
as defined in F.S. ch. 509, except apartment houses, must pay, for
each place of business, an amount of $1 .50 per room. The room count
does not include rooms occupied by the owner.
(b) The tax collector may neither accept a tax payment nor issue a
business tax receipt to any business that is required to be licensed
under F.S. ch. 509 unless the taxpayer produces evidence that he has
such a license.
(c) Every owner, manager, rental agent or association engaged in the
business of renting accommodations on a daily, weekly or monthly
basis, in condominiums as defined in F.S. ch. 718, in cooperatives as
defined in F.S. ch. 719, in time-share units as defined in F.S. ch. 721 ,
and in apartment houses defined as a multiple dwelling divided so as
to make independent suites for occupancy, must pay for each rental
unit an amount of $20.00 per unit. The unit count does not include
units occupied by the owner. Advertising that the owner, manager,
rental agent or association has units available for rental on a daily,
weekly or monthly basis is prima facie evidence that renting is
conducted.
(d) Possessing the occupational tax receipt required by this chapter
does not relieve the owner, manager, rental agent or association from
the obligation of collecting and transmitting to the proper authorities
any and all appropriate taxes that are levied on rental transactions.
(e) Where rentals are made on an individual owner's behalf, or an
association's behalf, the average number of units under rent is the
number of units counted for the payment of the per unit business tax.
(Code 1979, § 12.1 -19; Ord. No. 22-1995, § 2; Ord. No. 027-2006, §
19)
Wednesday, September 16, 2009 AOL: SusanRHeim
5;-- Page 1 of 1
Sec. 23-100. Miscellaneous businesses not otherwise rovided.
p
(a) Any not-for-profit organization qualified under the Internal
Revenue Service laws as a 501 (c)(3) organization that has previously
obtained from the county a local government fee waiver of the building
permit fees and impact fees exacted by this Code for affordable rental
housing development shall not be required to pay a business tax for
the rental of the housing for which such building permit fee and impact
fee waivers have been approved.
(b) Every person engaged in the operation of any business of such a
nature that no tax can be properly required for it under any provision of
this chapter, but the business is not specifically exempt under this
chapter or as a matter of law, must pay a business tax of $225.00.
(Code 1979, § 12.1 -34; Ord. No. 22-1995, § 2; Ord. No. 0312.1 -2004,
§ 1 ; Ord. No. 027-2006, § 34)
Wednesday, September 16, 2009 AOL: SusanRHeim