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Item O4 * 3:00 P.M. PUBLIC HEARING ... BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/15/09 - KW Division: County Attorney's Office Bulk Item: Yes No~ Staff Contact PersonlPhone #: Bob Shillinger x3470 AGENDA ITEM WORDING: A public hearing to consider adoption of a County Ordinance amending Section 23-85(c) of the Monroe County Code to include yearly rentals and all residential rentals regardless ofform of ownership. ITEM BACKGROUND: Section 23-85(c) of the Monroe County Code authorizes the collection of a $20 business tax for persons engaged in the daily, weekly, or montWy rentals of condominiums, cooperatives, time-shares, and other dwellings defined as apartment houses, but does not address yearly rentals or dwelling units that do not qualify as condominiums, cooperatives, time-shares, and other dwellings defined as apartment houses. Section 23-100(b) of the Monroe County Code serves as the "catch-all" or default tax authorizing ordinance, and authorizes the collection of a $225 tax for any business that is not specifically addressed or exempted elsewhere in Chapter 23 of the Code. Chapter 23 of the Monroe County Code, as currently written, creates an inequity based upon the type and duration of rentals. The proposed Ordinance adds "yearly" rentals to Section 23-85(c) and clarifies that the $20 tax, not $225 set forth in Section 23-100, applies to all residential rentals regardless of type or form of ownership. PREVIOUS RELEVANT BOCC ACTION: 3/18/09 BOCC approved Public Hearing for 4/15/09 @3:00 p.m. in Key West (P-1O) CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDA nONS: Approval. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: AMOUNTPERMONTH_ Year REVENUE PRODUCING: Yes No x APPROVED BY: County Arty ~ OMBlPurchasing _ Risk Management _ DOCUMENTATION: Included X Not required DISPOSITION: AGENDA ITEM # n___~__.J , Inn ORDINANCE ~ 2009 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTION 23-85 OF THE MONROE COUNTY CODE TO ADD THE TERM "YEARLY" INTO PARAGRAPH (C) AND ELIMINA TING DISTINCTIONS BASED ON FORM OF OWNERSHIP OF THE RENTAL UNIT; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Monroe COllilty Code authorizes the collection of a business tax for the privilege of engaging in or managing any business, profession or occupation within the COllilty; and WHEREAS, Section 23-85(c) of the Code authorizes the collection ofa $20 business tax for persons engaged in the daily, weekly, or monthly rentals of condominiums, cooperatives, time-shares, and other dwellings defined as apartment houses, but does not address yearly rentals or dwelling units that do not qualify as condominiums, cooperatives, time-shares, or apartment houses; and WHEREAS, Section 23-100(b) of the Code serves as the catch-all or default tax authorizing ordinance and authorizes the collection of a $225 tax for any business that is not specifically addressed or exempted elsewhere in chapter 23 of the code; and WHEREAS, on March 2, 2009, the COllilty Attorney opined that, based on the plain language of the current code, persons engaged in the business of yearly rentals of any type of dwelling unit as well as persons engaged in the business of renting dwelling units not addressed in 23-85 regardless of the Jength of the rental term are subject to the $225.00 business tax under Section 23-100(b); and WHEREAS, the Board finds that the plain language of chapter 23 of the Code, as currently written, creates an inequity based upon type and duration of rentals; and WHEREAS, the Board deems it in the public interest to eliminate that inequity; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. Section 23-85(c) of the Monroe COllilty Code is hereby amended to read as follows: (c) Every owner, manager, rental agent or association engaged in the business of renting accommodations on a daily, weekly... er monthly or yearly basis, ill condominiums as defined in F.R ch. 71&, in cooperath1es as defIned in F.g. ch. 719, in time share units us defined in F.8. 00. 721, and in apartment houses defined as a multiple d~Nelling divided so as to make independent suites for occupancy regardless of the form of ownership of the rental unit, must pay for each rental unit an amollilt of$20.00 per unit. The unit COllilt does not include units occupied by the owner. Advertising that the owner, manager, rental agent or Page 1 of2 Yearly Rentals Ordinance 3 9 09 KP association has units available for rental on a daily, weekly~ er monthly or yearly basis shall be prima facie evidence that renting is conducted. Section 2. Severability. If any section, subsection, sentence, clause, or provision of this ordinance is held invalid by a Court of competent jurisdiction, the remainder of this ordinance shall not be affected by such invalidity. Section 3. The provision of this ordinance shall be included and incorporated into the Code of Ordinance of Monroe County, Florida, as an amendment thereto. Section 4. 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~ Monroe County, Florida at a regular meeting of said Board held on the 18th day of March, A.D., 2009. Mayor George Neugent Mayor Pro Tem Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA BY: MAYOR GEORGE NEUGENT (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY: Deputy Clerk Page 2 of2 Yearly Rentals Ordinance 3 9 09 KP