Item N09BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 19, 2009 (KL)
Bulk Item: Yes x No
Division: County Attorney
Department:
Staff Contact Person/Phone #: Cynthia Hall x 3174
AGENDA ITEM WORDING:
Approval to advertise a public hearing for an ordinance amending Section 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 tax 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:
None
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATIONS:
Approval to advertise a public hearing to be held on September 16, 2009,
TOTAL COST: Cost of advertising INDIRECT COST: N/A BUDGETED: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X o AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Revised ] /09
Included X Not Required
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 lodgings 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, a tr.. Rentals.
Section 2. Section 23-85(e) of the Monroe County Code is added to read
as follows:
(e) Every owner engaged in rental or leasing of commercial property to
commercial tenants, including booth tenants, including but not limited
to malls and shopping centers, steal[ 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.
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 Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By: Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: Mayor/Chairperson
MONROE COUNTY ATTORNEY
A, ROVD•AS O OR
YNTHIA L. HALL
ASSISTANT COUNTY ATTORNEY
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