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Item S1 * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ~~-'::""-.'w~.;;-,~. . ~-~ <.;;,;;:,........d.........:J Meeting Date: Oct. 21. 2009 - KW Division: County Attornev r >'~~",?""". Bulk Item: Yes No~ Staff Contact: Cynthia Hall. #3174 AGENDA ITEM WORDING: A Public hearing to consider adoption of an ordinance amending 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 BOCC ACTION: 8/19/09 BOCC approved Public Hearing for September 16, 2009 at 3 :00 p.m. in Marathon 9/16/09 BOCC continued Public Hearing to October 21, 2009 at 3:00 p.m. in Key West 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~ No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MEMORANDUM Office of the Monroe County Attorney _ ',._'J';"'_.",.-?'.~, . -......, ------~t...::.-'.;'.~~, . > ..--:~f">~-'"- TO: County Commissioners, County Administrator FROM: Cynthia L. Hall, Assistant County Attorney QJt THRU: Suzanne A. Hutton, County Attorney CC: Hon. Danise Henriquez, Monroe County Tax Collector DATE: October 5, 2009 SUBJECT: Proposed Ordinance amending Monroe County Code Section 23-85 The purpose of this memorandum is to address three questions raised during the public hearing on this proposed ordinance at the October BOCC meeting. The proposed ordinance was drafted at the request of the Tax Collector. 1. The proposed ordinance is correct when it states that subsection (e) will be added to Monroe County Code Section 23-85. The previous subsection (e) was deleted in August 2009 when the Commission approved Ordinance 028-2009 (copy attached). 2. By this ordinance, the Tax Collector is seeking to clarify the amount of business tax that should be paid by owners of commercial multi-unit properties. Currently, the tenant in a multi-unit property pays one or more business taxes depending on the type of business being conducted, but there is no provision in the Monroe County Code specifically setting an amount of business tax for the owners of the multi-unit commercial properties. Thus, the Tax Collector has been collecting business tax from the tenants, but not the owner. Believing that to be inequitable, the Tax Collector desired an ordinance that would tie the proposed business tax proportionally to the number of units in the building, rather than using the flat $225 "default" business tax contained in Section 23-100 of the Code. 3. The proposed ordinance also amends the heading of Section 23-100 in order to make it clear that the Code section applies to multi-unit commercial properties as well as lodging. Please feel free to contact me at x 3174 if you have any questions. Thank you. ORDINANCE NO. -2009 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLQRIDA; AMENDING SECTION-2~,:J15 OEJ_. TH..E. MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY; "'PROVII:UNG' ""01'':'-- 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 10dgi'1gs 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 THEREFO~E, 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: Ull Every owner enqaqed in rental or leasinq of commercial property to commercial tenants, includino 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. 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. ~~--'~.-,~.~.. . ------.~.t...~;.~.~, _ ", c~.:;::";'!='~_ 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) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairperson ASSIST Date 2 ORDINANCE NO. 028 - 2009 . "::-''''''';'-=,^~~.. . . -..., ----......:<"t..;,;;::.-.....~. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DELETING SECTION 23-82 OF THE MONROE COUNTY CODE; DELETING SECTION 23-83 OF THE MONROE COUNTY CODE; DELETING SECTION 23-85(e) OF THE MONROE COUNTY CODE; DELETING SECTION 23-88 OF THE MONROE COUNTY CODE; DELETING SECTION 23-93 OF THE MONROE COUNTY CODE; AMENDING SECTION 23-102 OF THE MONROE COUNTY CODE; AMENDING SECTION 23-111 OF THE MONROE COUNTY CODE; PROVIDING FOR SEVERABll..ITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORA TION INTO mE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. r '. ":-::'>"":""'0 WHEREAS, Section 205.191, Florida Statutes, provides that business taxes are not required for practicing the tenets of any church; and WHEREAS, Section 205.192, Florida Statutes, also provides that business taxes are not required for charitable, I:eligious, fraternal. youth, civic, service. and other similar organizations that make occasional sales or engage in fundraising projects performed exclusively by members and where the proceeds will be used exclusively for the organizations; and WHEREAS, if Monroe County Code (MCC) Section 23-82 is deleted, charitable, religious. fraternal, education and nonprofit organizations will not be required to submit an application for a waiver of business taxes to the Board of County Connnissioners to which the organizations are already entitled WIder Sections 205.191 and 205.192, Florida Statutes; and WHEREAS, the cost of a field person to monitor persons who advertise space on the sides of boats, cars, buses, trucks and other vehicles outweighs the business tax collected pursuant to Section 23-83 of the Monroe County Code ("MCC"), business tax for advertising space renters; and WHEREAS, MCC Section 23-85(e) (business tax for hotels, apartment hotels, motels, etc.) contains language which is ambiguous and inconsistent with MCC Section 23-85(c); and WHEREAS, no travelling entertainment or sales presentations appear to exist or have ever paid a business tax in Monroe County pursuant to MCC Section 23-88, and thus the section appears to be unnecessary; and WHEREAS, no emigrant agents appear to exist or have ever paid a business tax in Monroe County pursuant to MCC Section 23-93, and thus the section appears to be unnecessary; and Final Ord deleting See 23-82.-83,-85(e),-88.-93, MCC 1 Re; Business Tax BOCC 8/19109 WHEREAS, Section 539.001, Florida Statutes (the Florida Pawnbroking Act) requires that all pawnbrokers be licensed by<othe~Florida Department of Agriculture-and~CQg~umer S~rvi<.:es_and that all pawnbrokers in Monroe County demonstrate compliance with this statute, -butMCC sectioiF""-- 23-102 does not currently set forth this requirement; and WHEREAS, Section 23-111 needs to be revised to address the category of vending machines that sell internet access; NOW~ THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY~ FLORIDA: Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. follows: Section 23-82 of the Monroe County Code shall be deleted in its entirety. Section 23-83 of the Monroe County Code shall be deleted in its entirety. Section 23-85(e) of the Monroe County Code shall be deleted in its entirety. Section 23-88 of the Monroe County Code shall be deleted in its entirety. Section 23-93 of the Monroe County Code shall be deleted in its entirety. Section 23-102 of the Monroe County Code shall be amended to read as Every person engaged in the business ofpawnbroker must pay a business tax of$337.50 for each place of business. Every person engaged in the business of pawnbroker must display and exhibit to the tax collector the license for the current year issued to the pawnbroker by the Florida Department of Agriculture and Consumer Services prior to the tax collector accepting the business tax payment and issuing a tax receipt. Section 7. as follows: Section 23-11 1 (a)(3) of the Monroe County Code shall be amended to read (3) Service vending machines. The fee shall be $15.00 for each machine. As used herein, the term "service vending machine" shall include, but not be limited to, machines that sell internet access for a fee. Section 8. If any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the remainder oftms ordinance shall not be affected such invalidity. Section 9. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. Section 10. 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. Final Ord deleting See 23..sZ,-SJ,..sS(e),..sS,-93, MCC 2 Re: Business Tax BOCC 8119/09 Section 11. This ordinance shall take effect immediately upon receipt of official notice form the Office of the SecretaJ::yo~Oo.(State of the State of Florida that this-OrdJ'J.~'}lCe has)Jee~f:i1ed with said Office. . . - " '.~'f"'c'- PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of August, 2009. Cl \D ---1 0:: w <..:J l.... C a.. <t,.....::>..: u ..... :z: :I: U h,_. I '-~ 0:: c 0':1::5 0:: CD ::r.:Uo 0- f ~~,:..;. L1.. >- cc t...,; 0 fri ~ lJ..frT< % -.J 0.; La.1 en Zu-: ~ D"I <:( 0 g ll.. co... o r Final Ord deleting See 23-82.-83.-85(e).-88,-93. MCC 3 Re: Business Tax BOCC 8/19109 Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~~~. '0)04-4,4-- Mayor/Chairperson MONROE COUNTY ATTORNEY ~~ItfJ!RM: CYNTHIA L. ALL ASSlSTAN4 COUNTY ATTORNEY -;}..-a,ooq Date MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 . .,:._...C'::---=.^-.X:~, . BRANCH OFfICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 -.._~<.C',.~,.,.'" -~FAX.(~05) 8~2-7146 , '-"'l"C'"' CLERK OF THE CIRCUIT COURT MONROE COUNfY www.clerk-of-the-court.com ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 . September 8, 2009 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronaugh Street Tallahassee FL 32399-0250 Via Certified Mail 7005 1160 00003841 2198 Dear Ms. Cloud, Enclosed is a certified copy of Ordinance No. 028-2009 deleting Sections 23-82, 23-83, 23-85(e), 23-88 and 23-93 of the Monroe County Code; Amending Sections 23-102 and 23-111 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on August 19, 2009. Please file for the record. Should you have any questions please feel free to contact me at (305) 295~3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Via E-Mail to the following: Tax Collector County Attorney BOCC File