T. County Attorney
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 15.2006
Division: County Attorney
Bulk Item: Yes l No
Department: County Attornev
Staff Contact Person: Jerry SanderslMark Rosch
AGENDA ITEM WORDING: Approval of a resolution authorizing acceptance of real property
located at 936 Crane Boulevard on Sugarloaf Key from the Monroe County Comprehensive Plan Land
Authority for affordable housing.
ITEM BACKGROUND: The Land Authority is in the process of purchasing the subject property for
affordable housing and conveying same to the BOCC (see the Land Authority portion of this meeting
agenda for further information). The proposed resolution will add the property to the DOCC's bank of
affordable housing sites.
The property is currently developed with a single family home that could be rented out as affordable
housing until the property is redeveloped. Habitat for Humanity of Key West and the Lower Florida
Keys has expressed an interest in being the affordable housing developer of this property.
PREVIOUS RELEVANT BOCC ACTION: On September 28, 2005 the Board indicated its desire
to have affordable housing land bank sites titled in the BOCC.
CONTRACt/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
NtA
BUDGETED: Yes
No
COST TO COUNTY: Nt A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -1L OMBlPurchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPosmON:
AGENDA ITEM #
Revised 8/06
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA.
AUTHORIZING THE ACCEPTANCE OF REAL PROPERTY
LOCATED AT 936 CRANE BOULEVARD ON SUGARLOAF KEY
FROM THE MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY FOR AFFORDABLE HOUSING.
WHEREAS, sections 125.01(1)j and 125.01055, Florida Statutes (FS) empower the Board of
County Commissionel"$ of Monroe County, Florida (hereinafter aBOCC") to take measures
necessary to increase the supply of affordable housing; and
WHEREAS, section 125.35, FS empowel"$ the BOCC to sell or lease real property to the
highest and best bidder for the particular use the BOCC deems to be the highest and best or to
adopt by ordinance alternative standards and procedures to sell or lease real property; and
WHEREAS, sections 125.379 and 125.38, FS empower the BOCC to donate real property to
government and nonprofit housing organizations for affordable housing; and
WHEREAS, based on the above enabling legislation, the BOCC desires to controt and oversee
the development of affordable housing sites acquired by the Monroe County Comprehensive
Plan Land Authority; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that:
1. The BOCC hereby agrees to accept title from the Monroe County Comprehensive Plan
Land Authority for the real property located at 936 Crane Boulevard on Sugarloaf Key, more
particularly described as Block 1, lot 3, North Sugarloaf Acres, Section One (OR 407-695)
and having the tax identification number of RE #00117510-000200.
2. The BOCC hereby acknowledges that use of the property will be restricted to affordable
housing as defined in the Florida Statutes and the deed(s) into the BOCC will contain the
specific deed restrictions shown in Exhibit A.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a meeting of said Board held on the day of 2006.
Mayor McCoy
Mayor Pro Tem Spehar
Commissioner Di Gennaro
Commissioner Murphy
Commissioner Neugent
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By;
Deputy c~ ~rrlChairm.n Charles .Sonny" McCoy
EXHIBIT A
AFFOROABILlTY COVENANTS
1. Term. These affordability covenants are perpetual, run with the land in favor of the Monroe
County Comprehensive Plan Land Authority, and are binding on all present and subsequent
owners and mortgagees.
2. Prooerty Use. Use of the property shall be restricted to the provision of affordable housing
as defined in section 380.0666(3), Florida Statutes, as said statute may be amended from
time to time.
3. MonitorinQ. Grantee is responsible for ensuring compliance with the affordability covenants
contained herein and expressly agrees to furnish, upon Grantor's request, written
certification thereof.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
10/18/2006
Division: County Attorney
Bulk Item: Y es ~ No
Staff Contact Person: Bob Shillinger x3474
AGENDA ITEM WORDING:
Authorization to retain the services of the Aronovitz firm to file suit against Hotels.com and similar
entities to recoup unpaid bed taxes.
ITEM BACKGROUND:
Tod Aronovitz, Esq. has already filed suit on behalf of Leon County against internet hotel booking
agents seeking to recoup unpaid bed taxes in the U. S. District Court for the Southern District of
Florida. Mr. Aronovitz is seeking to represent other counties, including Monroe, and their respective
tax collectors in either a class action or consolidated actions against the defendants.
Mr. Aronovitz would represent the County on a contingency basis. In litigation of this type, the Court
will often establish an award of attorney's fees. If the Court does not, Aronovitz proposes setting his
fee at 1/3 of the monies collected; his fee would rise to 38% if this matter was appealed. He also
proposes to advance the costs of the litigation which would be ultimately paid by the defendants. The
County would only become liable for costs should the defendants prevail and the Courts make an award
of costs. This litigation will likely extend over 2-3 years.
PREVIOUS RELEVANT BOCC ACTION:
On September 20, 2006, the BOCC deferred taking any action on this request until further information
could be gathered on the potential cost to the County.
CONTRACT/AGREEMENT CHANGES: No~.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
TBA if any
BUDGETED: Yes ~ No
COST TO COUNTY:
TEA if any
SOURCE OF FUNDS:
Ad valorem
REVENUE PRODUCING: Yes xx No
AMOUNT TBA
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTA TION:
Included xxx
Not Required_
DISPOSITION:
AGENDA ITEM #
LEGAL SERVICES AGREEMENT
This Agreement is entered into by and between Monroe County ("Client") and
Aronovitz Trial Lawvers and Freed & Weiss. LLC ("Attorneys") (hereinafter collectively
referred to as "the Parties") on this _ day of October, 2006.
1. Authorized Representative of Client. Client designates Bob Shillineer. ESQ..
Assistant County Attornev for Monroe County, as the authorized representative to direct
Attorneys and to be the primary individual to communicate with Attorneys regarding the subject
matter 0 f Attorney's representation of Client under this Agreement. This designation is intended
to establish a clear line of authority and to minimize potential uncertainty, but not to preclude
communication between Attorneys and other representatives of Client.
2. Legal Services to be Provided. Attorneys shall represent the Client in litigation
(possibly join existing litigation or lead class action litigation) against internet travel companies
who do not pay the proper amount of hotel/motel taxes under the applicable law. If Client wishes
to retain Attorneys to provide any legal services not provided under this Agreement, then the
Parties must execute a separate written agreement for those services.
3. Responsibilities of Parties. Attorneys will perform the legal services called for
under this Agreement, keep Client informed of progress and developments, and respond to
Client's inquiries and communications. Client will cooperate with Attorneys and kept Attorneys
reasonably informed of any developments. Client will also make all necessary persons under its
control available for consultation, depositions, hearing, and trial at no cost to Attorneys, Client
will likewise make all documents, records, or other evidence under its control available to
Attorneys for this case at no cost to Attorneys.
4. Suit as an Individual Case or a Class ActIon Case. Client may bring an action
as an individual action or as a class action on behalf of itself and all other similarly situated
governmental entities within the State of Florida (the "Class"). If this case proceeds as a class
action, then Client bears the responsibilities associated with being a class representative in a
class action lawsuit. Thos responsibilities include, without limitation, that Client have a general
understanding of the case, vigorously prosecute the litigation, and generally protect the rights
and interests of absent class members.
5. Attorney's Fees. Attorneys will receive Attorney's fees for the legal services
they provide under this Agreement on a contingent fee basis. A class action case requires the
court to analyze and approve fees upon any successful recovery. The term "recovery" shall
include, without limitation, the then present value of any monetary payments awarded by the
court or agreed to by the adverse parties in this Action or their insurance carrieres). Absent either
(a) a court order awarding Client attorney's fees in addition to the Class recovery, or (b) a
settlement agreement whereby defendants agree to pay Attorney's fees, Client agrees to pay
Attorney's fees of thirty-three percent (33%) of Client's gross recovery or, in the event that any
party initiates an appeal, thirty-eight percent (38%) of the gross recovery. If either a court awards
attorney's fees in addition to the Class award of attorney's fees are part of a settlement
negotiated by the Parties, then Client understands that Attorneys' fees may be in excess of the
Legal Services Agreement
Page 2
percentages specified above. In no event, however, will Client pay more than the percentages
specified above out of its recovery.
If payment or all or any part of the amount to bereceived will be deferred (such as in the
case of an alUluity, a structured settlement, or periodic payments), the gross recovery, for
purposes of calculating Attorneys' fees, will be the initial lump-sum payment plus the present
value as of the time of the settlement, the final arbitration or judgment, of the payments to be
received thereafter. Attorneys' fees will be paid out of the initial lump-sum payment. If the
payment is insufficient to pay the Attorneys' fees in full out of the initial lump sum, then the
balance will be paid from subsequent payments on the recovery before any distribution to Client.
Client understands that this fee agreement is not set by law but rather is negotiable
between Attorneys and Client, determined by a court order, or negotiated as part of a settlement
by the parties to the litigation.
6. Costs. Regardless of whether Client brings an individual or class action case,
Attorneys will advance all reasonable costs of the Action. Costs include, but are not limited to,
expert fees and expenses, investigation costs, deposition expenses, court costs, travel and lodging
expenses, and Class notification expenses. In the event of any recovery by Client, Client agrees
to reimburse Attorneys for all costs advanced by Attorneys. Absent a court order or settlement
agreement to the contrary, Client agrees that costs will be deducted from the recovery after the
contingent fee is deducted.
7. Division of Attorneys' Fees. Attorneys may divide the Attorneys' fees received
for the legal services provided under this Agreement with additional attorney(s) or law firm(s)
retained as associated counsel. Client must approve in writing of any associated counsel before
associated counsel performs any work on behalf of Client. Attorneys shall disclose to Client in
writing the terms of the attorneys' fee division and the responsibility for advancement of costs.
Associated counsel shall have the rights and responsibilities of Attorneys under this Agreement.
8. Representation of Adverse Interests. Client understands that the Rules of
Professional Conduct of The Florida Bar require Client's informed written consent before
Attorneys may begin or continue to represent Client when the Attorneys have or had a
relationship with another party adversely interested in the subject matter of the Attorneys'
proposed representation of Client. Attorneys are not aware of any relationship with any other
party adversely interested in the subject matter of Attorneys' services for Client under this
Agreement. Attorneys shall have the right to represent individuals, other municipalities,
governmental agencies, or governmental subdivisions in other similar litigation without the
consent of Client, subject to the Rules of Professional Conduct relating to conflicts of interest.
9. Settlement Authority. Attorneys will not settle Client's claim without the
approval of Client, who will have the absolute right to accept or reject any individual settlement
offer. If this matter proceeds as a class action, then part of Client's responsibilities as a class
Legal Services Agreement
Page 3
representative is to participate in the analysis of any settlement offer. Ultimately, the court
approves any class settlement.
10. Attorneys' Lien. Attorneys will have a lien for Attorneys' fees and costs
advanced on all claims and causes of action that are the subject of their representation of Client
under the Agreement and on all proceeds of any recovery obtained (whether by settlement,
arbitration award, or court judgment).
11. Notices. All written notice and communications to Client relating to this
Agreement shall be mailed to or personally delivered to Bob ShiIlin2er. Esq.. Assistant County
Attorney for Monroe County, 502 Whitehead Street. 3rd Floor Rear. Key West. FL 33040,
and written notices and communications to Attorneys relating hereto shall be mailed to or
personally delivered to Tod Aronovitz. Aronovitz Trial Lawyers. 150 W. Fla!!ler Street.
Suite 2700. Miami. FL 33130.
12. Termination. In the event that this representation proceeds as a class action,
Client cannot terminate Attorneys. Attorneys shall have the right to seek Class Counsel status
from the court, and Client shall not interfere with that determination. If Client wishes to cease
being a class representative and/or opt-out of the class and retain other counsel, then Client shall
notify Attorneys and provide Attorneys with a reasonable opportunity to locate another suitable
class representative.
13. Entire Agreement. This Agreement contains the entire agreement of the parties.
No other agreement, statement, or promise made on or before the effective date of this
Agreement will be binding on the parties.
14. Severability in Event of Partial In Validity. If any provision of this Agreement is
held in whole or in part to be unenforceable for any reason, then the remainder of that provision
and of the entire Agreement will be severable and remain in effect.
15. Modification by Subsequent Agreement. This Agreement may be modified by
subsequent agreement of the Parties only by an instrument in writing signed by both of them or
an oral agreement to the extent that the Parties carry it out.
16. Monroe County's performance and obligation to pay under this contract IS
contingent upon an annual appropriation by the BOCC
Legal Services Agreement
Page 4
16.
The foregoing is agreed by:
ATTESTED BY:
, Clerk of the Court
By:
, Clerk
APPROVED AS TO FORM:
County Attorney's Office
By:
, County Attorney
Date:
7/~/-~
/
Date:
L7r~
Client:
MONROE COUNTY
By:
Date:
Attorneys:
ARONOVITZ TRIAL LA WYERS
Museum Tower, Suite 2700
150 West Flagler Street
Miami, Florida 33130
(305) 372-2772 Telephone
(305) 375-0243 Facsimile
FREED WEISS LLC
III West Washington Street, Suite 1331
Chicago, Illinois 60602
(312) 220-0000 Telephone
(312) 220-7777 F~ .
By: -f:~ -A/
Paul Weiss
MONROE COUNTY ATTORNEY
APPROVED AS T~RM:t7
~~b__ ~ a~_iJ
NATILEENE w. CASSEL
ASSISTANT COUNTY ATTORNEY
Date /p - It. - n(.
STATEMENT OF CLIENT'S RIGHTS
Re: Monroe County vs. Hotels.Com. et aI.
Before you, the prospective client, arrange a contingency fee agreement with a
lawyer, you should understand this Statement of your rights as a client. This Statement is not a part
of the actual contract between you and your lawyer, but as a prospective client, you should be aware
of these rights:
I. There is no legal requirement that a lawyer charge a client a set fee or a
percentage of money recovered in a case. You, the client, have the right to talk with your lawyer
about the proposed fee and to bargain about the rate of percentage as in any other contract. If you
do not reach an agreement with one lawyer you may talk with other lawyers.
2. Any contingency fee contract must be in writing and you have three (3) business
days to reconsider the contract. You may cancel the contract without any reason if you notify your
lawyer in writing within three (3) business days of signing the contract. If you withdraw from the
contract within the first three (3) business day, you do not owe the lawyer a fee although you may
be responsible for the lawyer's actual costs during that time. If your lawyer begins to represent you,
your lawyer may not withdraw from the case without giving you notice, delivering necessary papers
to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain court
approval before withdrawing from a case. If you discharge your lawyer without good cause after
the three day period, you may have to pay a fee for work the lawyer has done.
3. Before hiring a lawyer, you, the client, have the right to know about the lawyer's
education, training and experience. If you ask, the lawyer should tell you specifically about his or
her actual experience dealing with cases similar to yours. If you ask, the lawyer should provide
information about special training or knowledge and give" you this information in writing if you
request it.
4. Before signing a contingency fee contract with you, a lawyer must advise you
whether he or she intends to handle your case alone or whether other lawyers will be helping with
the case. If your lawyer intends to refer the case to other lawyers he or she should tell you what
kind of fee sharing arrangement will be made with the other lawyers. If lawyers from different law
firms will represent you, at least one lawyer from each law firm must sign the contingency fee
contract.
5. If your lawyer intends to refer your case to another lawyer or counsel with other
lawyers, your lawyers should tell you about that at the beginning. If your lawyer takes the case and
later decides to refer it to another lawyer or to associate with other lawyers, you should sign a new
contract which includes the new lawyers. You, the client, also have the right to consult with each
lawyer working on your case and each lawyer is legally responsible to represent your interests and
is legally responsible for the acts of the other lawyers involved in the case.
6. You, the client, have the right to know in advance how you will need to pay the
expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you
may ask reasonable questions about how the money will be or has been spent and how much of it
remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If
your lawyer agrees to lend or advance you money to prepare or research the case, you have the right
to know periodically how much money your lawyer has spent on your behalf. You also have the
right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case.
If you pay the expenses, you have the right to decide how much to spend. Your lawyer should also
inform you whether the fee will be based on the gross amount recovered on or on the amount
recovered minus the costs.
7. You, the client have the right to be told by your lawyer about possible adverse
consequences if you lose the case. Those adverse consequences might include money which you
might have to pay to your lawyer for costs, and liability you might have for attorney's fees to the
other side.
8. You, the client, have the right to receive and approve a closing statement at the
end of the case before you pay any money. The statement must list all of the financial details of the
entire case, including the amount recovered, all expenses, and a precise statement of your lawyer's
fee. Until you approve the closing statement you need not pay any money to anyone, including your
lawyer. You also have the right to have every lawyer or law firm working on your case sign this
closing statement.
9. You, the client, have the right to ask your lawyer at reasonable intervals how the
case is progressing and to have these questions answered to the best of your lawyer's ability.
10. You, the client, have the right to make the final decision regarding settlement of a
case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers
during the trial must be immediately communicated and you should consult with your lawyer
regarding whether to accept a settlement.
II. If at any time, you, the client, believe that your lawyer has charged an excessive or
illegal fee, you, the client, have a right to report the matter to The Florida Bar, the agency that
oversees the practice and behavior of all lawyers in Florida. For information on how to reach The
Florida Bar, call 800-342-8060, or contact the local bar association. Any disagreement between
you and your lawyer about a fee can be taken to court and you may wish to hire another lawyer to
help you resolve this disagreement. Usually fee disputes must be handled in a separate lawsuit.
2
Client's Signature:
MONROE COUNTY:
By:
Date:
Attorneys' Signatures:
ARONOVITZ TRIAL LA WYERS
150 W. Flagler Street
Suite 2700, Museum Tower
Miami, Florida 33130
(305) 372-2772 Telephone
(305) 375-0243 Facsimile
FREED & WEISS LLC
111 West Washington Street, Suite 1331
Chicago, Illinois 60602
(312) 220-0000 Telephone
(312) 220-7777 Facsimile
By: -;Pa-l ~
paulW~
Date: /0 /010 f
I /
MONROE COUNTY ATTORNEY
.A~~ROVED AS TO FO~ /J
".Z6~17J (~
(NATILEENE W CASSEL
ASSISTANT COUNTY ATTORNEY
Date /D~ II; . a.
3
UNITED STATES DISTRICT COURT
SOUTHER.~ DISTRICT OF FLORIDA
LEON COUNTY and DORIS MALOY, )
LEON COUNTY TAX COLLECTOR, )
individually and on behalf of all other )
similarly situated counties in the State of Florida, )
)
Plaintiffs, )
v. )
)
HOTELS.COM, L.P., )
a Texas Limited Partnership; )
HOTWIRE, INC., )
a Delaware Corporation; )
CHEAP TICKETS, INC., )
a Delaware Corporation; )
CENDANT TRAVEL OlSTRIBlJTION )
SERVICES GROlJP, INC., a division of )
CENDANT CORPORATION, )
a Delaware Corporation; )
EXPEDlA, INC., )
a Washington Corporation; )
IN TERNETWORK PUBLISHlNG CORP. )
d/b/a LODGING.COM, )
a Florida Corporation; )
LOWESTFARE.COM, TNC., )
a Delaware Corporation; )
MAUPINTOUR, LLC, )
a Delaware Corporation; )
ORBITZ. INC., )
a Delaware Corporation; )
ORBItZ LLC, )
a Delaw'arc Corporation; )
PRICELINE.COM, INC., )
a Delaware Corporation; )
TRA VELOCITY.CO~l, INC., )
a Delaware Corporation; and )
TRAVELOClTY.CO!vL LP. ,
a Delaware Corporation. )
Defendants.
~Hf n
vzW ~ ~~i
'r
Case No.
.~\R & 1"'1 Y<.<f...,...,y
~ 4' _'_<", i 1~'\ TT: JiTIT'lf"o,:;;
~, '.., -..,'1' .:.:!-!-l;'
JOR Y TRIAL DEMANDED
,~ .':0::;
)
-)
CLASS ACTiON CO~IPLAI2\T
Plaimiffs sue Defendants for unpaid Tourist lkvdopment Taxes. and they alkge as follows:
:\r~:,;{H<tz -1~~;.J! I..";'.....~.'~r~ \hj~(,.~;n'l l~;vli\.r_, ~ui:c }.?i:)(L i :.::0 \\"C"f Fbglc.'r Str<,ct, .\1iarr~i. i~l(}r~d~ 35130 T _;r:S.>;2~':7;2 ~ 305. }75Jj~..O
PARTIES
1. Plaintiff Leon County is a body corporate and a political subdivision established
by and authorized to bring suit under F.S. S 125.15, Article I, S 1. I of the Leon County Florida
Charter, and ~ 11-46 of the Code of Laws of Leon County.
2. Plaintiff Doris Maloy is the Leon County Tax Collector, an elected public official
and constitutional officer and empow'ered b)' S 11-46 of the Leon County Code of Laws to
collect and enforce payment of current and delinquent tourist development taxes.
3. Defendant HOTELS.COM, L.P. is a Texas limited partnership with its principal
place of business in Dallas, Texas.
4. Defendant HOTWIRE, INC. is a Delaware corporation \\ith its principal place of
business in San Francisco, California.
5. Defendant CHEAP TICKETS, INC. is a Delaware corporation with its principal
place of business in New York. New York.
6. Defendant CENDA.'l\lT TRAVEL DlSTRffilrTION SERVICES GROUP, INC. is
division of CENDANT CORPORATION, a Delaware corporation, \\ith its principal place of
business in Parsippany, New Jersey.
7. Defendant EXPEDIA, INC. is a Washington corporation with its principal place
of business in Belle\'ue. Washington.
8, Defendant INTER:"'iETWORK PUBLISHING CORP. d.b/a LODGING.COM is a
Florida corporation with its principal place of business in Boca Raton. Florida.
9. Defendant LOWESTFARE.COM, INC. is a Delaware corporation with its
principal place of business in Non\.'alk, Connt.'Cticut.
'"l
.\,on..):. itz T~j~ii L~i",-'VI:rs :-.luh'lID1 '[~'1\*)e7, ~"lite 27no> 15() \-Vt.!st r:tdglcf Stre~~::~ \-hall1j~ flortd~l ~~31.:.() T 305..;;1.277': f 5n5375.i':~.43
10. Defendant, I\'1ACpr~TOLR, LLC is a Dela\varc corporation with its principai
place of business in Las Vegas. Nevada. Defendant ivtACPINfTOUR, LLC is wholly owned by
Defendant MAlJPINTOUR HOLDING, LLC.
11. Defendant ORBITZ. INC. is a Delaware corporation with its principal place of
business in Chicago. Illinois.
12. Defendant ORBITZ LLC is a Delaware corporation with its principal place of
business in Chicago, Illinois.
] 3. Defendant PRICELlNE.COM, INC. is a Delaware corporation with its principal
place of business in Norn'alk, Connecticut.
14. Defendant TRA VELOCITY.COM, INC. is a Delaware corporation with its
principal place of business in Southlake, Texas.
15. Defendant TRA VELOCITY. COM, LP is a Delaware partnership \\ith its
principal place of business in Southlake, Texas.
JURISDICTION A.~D VENUE
20. This Court has subject matter jurisdiction of the claims asserted herein pursuant to
28 V.S.C. ~~ 1331 and 1 332(d){2)(A) in that the amount in controversy exceeds the sum or value
of $5,000,000, exclusive of interest and costs, and is a class action in which members of the
putative plaintitf class are citizens of States different from Defendants.
21. Venue is proper in this District pursuant to 28 U .S.c. S 1391 (a) in that a
substantial part of the events or omissions giving rise to the claims alleged herein occurred,
andor it is the judicial district in which at least one of the dcfcndants are subject to personal
jurisdiction.
3
\r(\ni.;1':,!Z "fri.it 1....l\,1{'~...~!~
\iLl~;~urn 'l~)wer~ )4ite 27~){}, ~ Sf} \\~t'~il Fl.1gkr StrCr:r~ l\liarnL EoridJ. 3J i,.;~O f 505.5:-2,2771 F 3{j5.3;5.t)2..~3
COMMON ALLEGATIONS
A. The Tourist Development Tax
22. Plaintiff Doris Maloy as the Leon County Tax Collector, is empowered to collect
the Tourist Development Taxes as set forth in ~ 11-46, et. seq. of the Leon County Code of Laws
pursuant to F.S. ~ 125.0104.
23. "'Tourist' means a person who participates in trade or recreation activities outside
the county of his or her penn anent residence or who rents or leases transient accommodations as
described in paragraph (3)(a)." F.S. ~ 125.0104(2)(b).
24. Florida Statute ~ 125.0104{3)(a) declares the following:
It is declared to be the intent of the Legislature that every person who
rents, leases, or lets for consideration any living quarters or
accommodations in any hotel, apartment hotel, motel, resort motel,
apartment, apartment motel, roominghouse, mobile home park,
recreational vehicle park, or condominium for a term of 6 months or less
is exercising a privilege which is subject to taxation under this section,
unless such person rents, leases, or lets for consideration any living
quarters or accommodations which are exempt according to the
provisions ofchapter2t2. F.S. ~ 125.0104(3)(a)
25. Florida Statute 125.0104 penn its the governing board ofa county to levy, impose,
and set a tourist development tax at the rate of up to 4%. F.S. S 125.0 1 04(3)(c) and (d).
26. 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. F.S. ~ 125.0104(3)(0,
27. The person receiving the consideration for such rental or lease shall recehe,
account for, and remit the tax to the Florida Department of Revenue, who then on a monthly
basis, pays and fl;;tums that tax re'venue to the coumy that imposed the tax. F.S. S
i 25.0 104(3)l g).
4
.~..t~Ji:C\ i;;.i-i'j,il k...\'~c:r~ \h;)~'~:n i~~w~(:. S~jite ':70i.Jl t~~~) "oYcst r~aglcr Stc('et. .\lialui. ,HoridJ 33 i :;(} T 3oS.j7':~2i7':: f ~;05.J7;;.0243
28, Leon County Code of Laws S 11~46 (hcrcinatlcr "* 1 1-46" or "Section 11-46")
imposes 411;0 Tourist Development Tax.
29. Section I] -46 provides that ..the wurist development tax shall be charged by the
person receiving the consideration for the lease or rental and it shalf be collected from the lessee,
tenant or customer at the time of payment of the consideration for such lease or rental." ~ 11-
46( c).
30. Plaintiffs and the Class bring one cause of action against each Defendants for
Defendants' failure to remit to Plaintiffs and the Class (through the Florida Department of
Revenue) the Tourist Development Taxes owed in violation of ~ 11-46 and other substantially
similar ordinances of other counties in the State of Florida enacted pursuant to F.S. * 125,0104.
B. Defendants' Unlawful Business Practices
31, At all relevant times, Defendants are/were travel agents engaged in the business
of renting, leasing, or letting living quarters or accommodations (as described within F.S. ~
125.0104(3)(a) and ~ 11-46} situated within Leon County and other counties in the State of
Florida with substantially similar ordinances enacted pursuant to F.S. ~ 125.0104.
32. Defendants negotiate ""ith living quarters/accommodations a discounted rate for
the purchase of room nights, and then Defendants rent, lease, or let them to their customers
(generally on-line and over-the-phone) at a marked-up price.
33. Upon intonnation and belief. Defendants fail(ed) to remit 10 Plaintifts and the
Class all taxes due pursuant 10 S 1146 and other substantially similar ordinances of other
coumics in the State of Florida enacted pursuant to F.S. ~ 125.0104.
34. Instead, Defendants only remit to Plaintiffs and the Class taxes on the room rales
they negotiated separatcl)' with the Ji\ing quarters,accommodations at lower pric~s than those
paid by the users ofrhe living quartcrsiaccommodations.
5
.lnini)\'jrl. Tfi.ll Ln'.\~r~ Shht.:um ';l.h\'Crc Suite 27"01), 1SC; \-Ve~{ Fbgh!;" ~1n,.et~ \Jklmi1 FlnridJ 33 L30 T j()S.j~2.':;7:-.; ~.; .7(}~..3;.5.n2L:t3
35. When Ddendants charge(d) cuslomers for renting, leasing. or letting these living
quarters or accommodations, Defendants identify/identitied to customers the room rate charges.
the specified living quarters/accommodations. and the applicable taxes to the customers.
36. Cpon completion of the electronic transaction, customers pay/paid Defendants for
the room rates. taxes, and other charges indicated by Defendants.
CLASS ACTION ALLEGATIONS
37. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, Plaintiffs bring this
action individually and on behalf of the following class (the "Class"):
All counties within the State of Florida that (1) are empowered to receive
or collect Tourist Development Taxes as set forth in a county ordinance
enacted pursuant to F.S. ~ 125.0104 and (2) are not receiving or
collecting the full amount due from Defendants' renting, leasing, or
letting of accommodations in any hotel or motel.
38. Numerosity. The members of the Class are so numerous that separate joinder of
each member is impracticable. On information and belief. the number of potential class member
counties is at least fifty.
39. Common Questions of Law and Fact. Plaintiffs' claim raises questions of law
or fact common to the questions of law or fact raised by the claim of each member of the class,
including inler alia:
la) Whether the substantially similar ordinances require Defendants to
remit taxes based on the amount of money paid to Defendants by the
customers for their rooms;
(b) Whether Defendants collected the sufficient amount of TourJ$t
Development Taxes from customers; and
(c) Whether Defendants remitted a sufficient amount of Tourist
Development Taxes to the Plaintiffs and the Class.
rh~sc .:ommon questions predominate over any individual questions or issues.
6
'\r<;r:u'.-1G' Tria! I .J~,,'-.('p; ;\!tkt"t.i.fO T<:t"l\,"f- Suit(,~ 2700.15<; \-Vesl Hagh:r Street. ~liami._ ff<)rida 331.30 T 3n5.~;;72.2.;'7:: F 3(5.37~.{j:43
40. Typicality. Plaintiffs' claims are typical of the claims of each member of the
Class in that the central subject matter to claims of the Plaintiffs and the Class is that Defendants
failed to comply ",,'jtb Ordinances requiring remittance of Tourist Development Taxes.
41. Adequacy of Representation. Plaintiffs can fairly and adequately protect and
represent the interests of each member of the class, which are the following:
(a) Plaintiffs' claims are substantially similar (if not identical to) those of
absent Class members;
(b) there are questions oflaw or fact that are common to the Class and that
overwhelmingly predominate over any individual issues. such that by
prevailing on its oVvn claims, Plaintiffs necessarily will establish
Defendants' liability as to all Class members;
(C) without the Class representation provided by Plaintiffs, virtually no
Class members will receive legal representation or redress for their
injuries;
(d) Plaintiffs and their counsel have the necessary financial resources to
adequately and vigorously litigate this class action; and
(e) Plaintiffs and Class counsel are aware of their fiduciary
responsibilities to the class members and are determined to diligently
discharge those duties by vigorously seeking the maximum possible
recovery for the Class.
42. Claim is Maintainable. The claims are maintainable as a class action because
Defendants' failure to remit the proper amount of Tourist Development Taxes to the appropriate
governmental entity!entities as describe, supra, is generally applicable to all the members of the
Class, which thereby makes the final injunctive relief or declaratory relief concerning the class as
a v,,'hole appropriate.
7
.\r(':nf.::t,-~tl ':'n~i L~~;,...-;"l.:'i".$ \h.l~~'la1i T)...,'lrer, 'liiI..' }";'~-j(" j:5U \\'eM Fi.1glrr ~i'reet.;\,it:..:.n1L i:'{nriJa .:.:,:; 13{) '"f .~05.j7:::.2-:",; 2 F .j!)5..:::,7~:'.0143
43. Risks of Prosecuting Separate Actions. The pros~cution of separate adions by
individual members of the class would create risk of.
(a) inconsistent ur varying adjudications with respect to individual
members of the class that would establish incompatible standards of
conduct for Defendants; and/or
(b) adjudications with respect to individual members of the class that
would. as a practical matter, be dispositive of the interests of the
other members not parties to the adjudications or substantially impair
or impede their ability to protect their interests.
COUNT I
VlOLA TION OF TOURIST DEVELOPMENT T AX ORDINA.~CES
44. Plaintiffs incorporate the allegations in paragraphs I through 43 by reference as if
fully set forth herein.
45. Cpon information and belief, from 1986 to present, Defendants charge(d)
customers for renting. leasing, or letting living quarters and/or accommodations (as described
within F .S. ~ 125.01 04(3)(a) and ~ 11-46) \\ithin the Leon County and other counties in the State
of Florida with substantially similar ordinances enacted pursuant to F.S. g 125.0104.
46. Defendants charge(d) customers for renting, leasing, or letting these living
quarters andlor accommodations, and it did not remit to the Florida Department of Revenue, on
behalf of Plaintiffs and the Class, the Tourist Deyelopment Tax Defendants as set torth in county
ordinances enacted pursuant to F.S. ~ 125.0104.
47. Detendants' failure to pa)' the Tourist Development Taxes to Plaintiffs and the
Class is deemed a debt uwed by Defendants to Plaintitfs pursuant to ~ 11-46 and other counties
in lh~ Slate of Florida"" ith substantially similar ordinances enacted pursuant to F.S. S 125.0104.
8
,-" ~on-:,'.,ill Tr:~11 r l\" ",~:r~- .\-L4."(.-;.)n'i '1~vt...t:r, ~;l,rrc 27:i.:), i:~O \\'c-~t FL.\~h:r Srri;~t, ~\liunL f!(~(i-da 3-';-130 'TO ...~05.3;2.2.;j2 r ,~o5.,:7;J}2..13
48. The exact amount of Tourist Development Taxes due trom Defendants to Plaintiffs
is unknown without an accounting from Defendants.
49. As a direct and proximate result of Defendants' conduct described supra, Plaintiffs
and the Class suffered and v.ill continue to suffer damages in the form of \\1thheld Tourist
Development Taxes in an amount to be determined at trial.
WHEREFORE, Plaintiffs and the Class pray for a judgment in their favor and against
Defendants as follows:
(a) The Court enters a damage award in favor of Plaintiffs and against Defendants
for such sum as is just and reasonable for the damages sustained;
(b) The Court awards Plaintiffs and the Class penalties and interest;
(C) The Court requires Defendants to allow Plaintiffs to audit the books, records,
and other documents of Defendants in order to determine Dettmdants'
compliance with tourist development tax ordinances;
(d) The Court awards Plaintiffs their attorneys' fees and costs; and
(e) The Court awards such other and further relief as the Court may deem just and
appropriate under the premises.
Plaintiffs demand Ii trial by jury on all issues so triable.
9
~'\:'(Hl"~'''':~;; Tri~d LH""~'r~ :.,lu~-:~n\ TC~'\~~L S~ll:t." ,"7(10. ~;:\o \.\4!:st flagl~rSt:"("et. ~1i~rni, Fi(;rid~ 33L~d~ r .31'>5.372-.2;~..:2: f _1.fj,j.3-7:).024:j
DATED: July 21_, 2006
Respectfully submitted.
LEON COLNTY AND DORIS MALOY, LEON
COUNTY TAX COLLECTOR
B}"
Scott Ma ox
Florida B No. 65498
MADDOX HORi\"E, P.L.L.C.
P.O. Box 10768
Tallahassee. Florida 32302
(850) 222-6020 Telephone
(850) 222-] 249 Facsimile
T od Aronovitz
Florida Bar No. 186430
Steven Jaffe
Florida Bar No. 0390770
ARONOVITZ TRIAL LAWYERS
Museum Tower, Suite 2700
150 West Flagler Street
Miami, Florida 33130
(305) 372-2772 Telephone
(305) 375-0243 Facsimile
Of Counsel:
Robert W. Schmieder II
Richard J. Burke
Dennis J. Barton III
THE LAKIN LAW FIRLv1. P.C,
300 Evans A,..cnue, P.O. Box 229
Wood River, Illinois 62095
(618) 254-1127 Telephone
(618) 254-0193 facsimile
Paul M. Weiss
Will iam M. S \\'cctnam
FREED & \.VEISS L1.C
III \Vest \Vashington St.re~t, Suttc 1331
Chicago, Illinois 60602
(3 i 2) 220-0000 T dephonc
(3 j 2) 220-7777 Facsimile
Pro hac vice \lolions fonhcoming.
10
\r'l.f1c.I\'~:l. rfi~i ,.i"'~..~'~.~: :.J;~;.~(.:':_;nl T;-lW("LS\~H\: .:,:-;~-{;~ -~,:'ti \Vt."~l H';l.gJ~r S.tr~~L ;\.~i~U~'1L HnriJ...i Y)i3~j r .~,')5~j; 2.':'7-::' r 5.jS3::'S.t)~~43
Page 1 of 1
Shillinger-Bob
From: James T. Hendrick, Esq. Oth@morganandhendrick.com]
Sent: Tuesday, September 19, 200611:46 AM
To: Shillinger-Bob
Subject: Class Action Lawsuit
Bob,
Attached is a copy of the Complaint filed in the Southern District on behalf of Leon County, et
al. as a class action. Tod Aronovitz and his co-counsel, Paul Weiss, are seeking Monroe
County's joinder in the suit as a Plaintiff, seeking to recover unpaid hotel tax from Hotels.Com
and the other defendants. Can with any questions (296-5676 or 304-7374).
Jim
9/19/2006
Page 1 of 1
Shillinger-Bob
From: James T. Hendrick, Esq. Uth@morganandhendrick.com]
Sent: Tuesday, September 19, 2006 1 :48 PM
To: Shillinger-Bob
Subject: Class Action suit, Tourist tax
Bob,
What Tod Aronovitz proposes is to file a separate case against the same Defendants, solely on behalf of MoCo,
and to have it consolidated with the Leon County case now pending before Judge Huck. This will give the
County undiluted decision-making over terms of any settlement. He estimates the total discovery cost (of all the
consolidated cases) to be in the $1-2 million range, all of which will be advanced by Plaintiffs' counsel. At the
conclusion of the case, whether by settlement or Judgment, Plaintiffs' atty fees and cost reimbursement will be
set by the court and paid from the proceeds ofthe action. Accordingly, Monroe County will have not have to
budget or pay those costs and fees.
Too is requesting that the BOCC authorize, by letter addressed to him, the filing of the lawsuit by his firm, and his
association of co-counsel to assist in the prosecution of the case, with all costs and fees of the action to be
advanced by counsel and paid from proceeds of the action.
Jim
9/19/2006
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/15/06 - KL
Division: County Attorney
Bulk Item: Yes No ~
Staff Contact Person: Bob Shillinger/Jerry Sanders
AGENDA ITEM WORDING:
Request from John and Ruth Discher to release the affordable housing deed restriction on their property
located at Lot 32, Block 10, Cudjoe Ocean Shores Section 2.
ITEM BACKGROUND:
Mr. and Mrs. Discher desire to sell their property (RE: 001886840-000000) unencumbered by the
affordable housing deed restriction, which was imposed when they obtained their ROGO allocation in
1997. The deed restriction runs until 2019. The Dischers contend that at the time they applied for the
affordable housing allocation, they were misled into believing that they would only have to pay the
impact fees in order to be released from the deed restriction. Staff has been unable to find justification
to support their request.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACTIAGREEMENTCHANGES: n/a
STAFF RECOMMENDATIONS: Reject request.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _
DIVISION DIRECTOR APPROVAL:
OMB1~~=~t-
SUZANNEA.H ,C UNTYATTORNEY
DOCUMENTATION:
Included X
Not Required_
DISPOsmON:
AGENDA ITEM #
Revised 8/06
MEMORANDUM
TO:
Commissioner Spehar
District 1
Jerry SlInden ~
Assistllnt County Att~ ~
FROM:
SUBJECT:
Johll .IId RllIh Discher
Affordable Houslll6 Deed Restrictioll RemoVIII Request for Lot
Oil Cudjoe Key
DATE:
FebrulIry 2', 2(J(J6
1. Mr. and Mrs. Discher have been attempting to have the Affordable Housing Deed
Restriction removed from the lot upon which their home is located for a
considerable period of time.
2. The original restriction was signed by Mr. And Mrs. Discher on July 2. 1997, and
recorded in the official record book 1427 page 1328. I attach a copy for easy
reference. The Deed Restriction for Mr. and Mrs. Discher is "for twenty (20)
years but shall not commence running until a certificate of occupancy has been
issued".
3. As you know, the dedication of a dwelling to the affordable housing pool gives
development benefits not otherwise available, specifically points in the ROGO
permit allocation system. Mr. and Mrs. Discher received those benefits when
they applied and obtained preference to receive their building permit in 1997. Mr.
and Mrs. Discher received their Certificate of Occupancy on June 30, 1999. A
copy is attached. Therefore, the Discher's Affordable Housing Deed Restriction
runs from June 1999 through June 2019.
4. The Comprehensive Plan requirement for the long term availability of affordable
housing permitted under the ROGO system is implemented in Sec. 9.5-266(f) of
the Monroe County Code. This section defines the requirements in the restrictive
covenant to insure compliance with the provisions of 1he affordable housing
section of the Land Development Regulations. [attache.d a copy for your easy
reference.
5. Mr. and Mrs. Discher have been in contact with the Growth Management
Division on nwnerous occasions over the past year. Attached is a copy of the
letter from K. Marlene Conaway, former Director of Planning and Environmental
Resources to Mr. and ~frs. Discher dated April 27. 2005, explaining the
affordable housing deed restriction requirements. Also, attached is a copy of a
memorandum from Tiffany Stankiewicz. Sr. Planning Technician, to Beth
LaFleur, former Director of the Lower Keys Island Planning Team dated August
11,2005, regarding the contacts Mr. and Mrs. Discher have had with that office.
6. No provision exits in the Monroe County Code for '"after-the-fact" rescission of
an Affordable Housing Deed Restriction. It appears that Mr. and Mrs. Discher are
desirous of removing this restriction solely because it is now economically
advantageous for them to do so. It is precisely for this reason that these deed
restrictions were initially implemented by the Monroe County Board of County
Commissioners in order that affordable housing would remain available.
7. Please do not hesitate to contact me if I can provide additional information or
clarification.
IS/mt
Enclosures
ree ,. U. U41&_P
.J.UtN'I ""II ICU. H IIUi.-Ift;;R
305-745-8187
JOHN AHDIltnH DISCHElt
22916 BLUEGILL LANE
aJDJOE BY. PL31042
1.305-191-6"1'19
1.30S-197..'12.S3
IJJJJ lull 'f)
." (}t\ jDlJ( ft1Jl-
Y'
f1LE
----
F.~.. 11....
To __ .....co.....
RIt: 20 .,... ."11 . IT. ........ ....lbaIJIc....
III __..........._...... WI.... .................. --gatjllllpll
__ ..,................ ...... .. ...._............. 1.1.,.." _ 1 illl4.
....,.._....... ._..... "1' ...._ ...... ........".............
2.... ..1IIIII1I~.....1 ~I llf f ___"l I .. 1IIt1lili......._
...... ..........,_............... ........................._ I .....
.........~......... ......... ....~.........
___..,..................._1IlId: ............. ...............
dIlIlIr f.-........... ...-....
....... -.................... ....,......................-......
lIIW......._..,- .........--.........-. .-.-...........
............._.-CIIlIIIJ' .............. 1 1. ........... TIle
-.... --..........,............... .. -..... ............,.....
Mil........ 11 ................. ....
,....... M._.......... 11......-. ...........
.............. III
lIIe~r r _..,.._.........".)11III'.,..__......... .......
.............,..lIJlln.==lflf........,.................. ...._
... ..........._ II f. .....__ ......fIII......c....Ir. ......
............. II' J l ............._..........-......urHMI
__........It__c-...............llll .. ..........11I......._
..... ..........__....r-.--..........................,...........
...__.............-....... ...'_......81.._.......
..,........_ ~ J.._............___~ J r .....1.1 ._.....
.............4..... _..._..................__. __ _.......
......_.'.11................. U ".___...1.
J ~.."........... ................................ __.............
....,_~ 1 J ~_............. ..........li~ ;;r11......CO...l~ - "'1._
........ ........ .........Ibr~ II'~. n. ......I.nlllll A _ _...._...._
1__-'\1 r1 .._- 1.....__..._....__~_.........1f....
..._................rl1r -~'.......~.._. n.___ J IfIUt
............. ~
._....fIIII.- .......... .....0.-... _ J 1 f.........._...........
_..... .".h .... 1 laid .... .-.a....... ...",,#__...... ............
...........__............. .............,L ..- 1~ 1.1IIar~ .....
............... ..-.........._~ . ....-........IJ$. II~...... ..,
.-11IIII11IIII -.- ,. ....... ............. pIIinII....,- ,..,_... .....011...
...............
p.l
....... -.'.
rwu ~~ we ~..Tr
~UIW. ntNl' AVI n ....................
...,....-......--..a..,
Fa ....
....2
Wt1lllllll..........__--al....--.......~--
....... ~ -1. M__..tD*............~ T-tw__..__.........
..... ........IIIIIf.. .................. ,.,..-............ .JJII( ..~ ..
................ ........MIll.ll 11.___......___
."Jlb. 1_. '111.......... 111 1111.......................__
~~ . - .~.............tD.........,.....ROGlO.................
.... J ....._...... ..1IIIr......
WIuIIt .........._... .......a..... _1.......... "ll IW.. ........_
... ......................,.. I I TlI4.. If...,..., ..,...._.. II,.RI"
...... --c...rr.... .....,..........,....... - I" dIIIII AIIlt.JU.....
......... ,n .,............
-_.._~~\..
p.a
--
!
,
E
I
I
!
I
i
[
i
I
I
I
I
I
!
i
i
i
j
;
,
County of Monroe
Plaamlq De,putDaf
2798 Overseas Highway
Suire 410
Marathon, Florida 33050
Voice: (305) 289 2500
F 10C: (305) 289 2536
Bfud .r C01llllV c..........'""'-II
Mayor Murray Nelson, DiIt. S
Mayor Pro Tern David Rke, Dist. 4
Commissioner Sonny McCoy. DiJL I
Commissioner Georse Neugent, Oist 2
Commissioner Shirley F~, Dist. 3
April 27, 2005
John & Ruth Discher
22916 Bluegill Lane
Cudjoe Key, FL 33042
RE: Affordable Housing Deed Restriction Removal request for Lot 32, Block 10, Cudjoe Ocean
Shores Section 2. Cudjoe Key (RE: 001886840.o00ooo)
Dear Mr. & Ms. Discher.
On April 14, 2005 you submitted a request for the removal of the Affordable Housing Deed
Restriction for Lot 32, Block 10, Cudjoe Ocean Shores Section 2. Cudjoe Key. There is no
provision in the Conty Code which would pennit the removal of the affordable housing deed
restriction. Policy 601.1.7 of the 2010 Comprehensive Plan states:
All afforable housing projects which receive development benefits from Monroe County.
including but not limited to affoTable housing points in the Permit Allocation System and
donations of land, shall be required to maintain the proiect as affordable on a IonS! term
basis oursuant todeed restrictions or other mechanisms specified in the Land Development
Regualations. and administred by Monroe County or the Monroe County Housing
Authority.
The Comprehensive Plan requirement for the long term affordablity of affordable housing
permitted under the ROGO system is implemented in Sec. 9.5-266(t) Administration and
Compliance of the Code. This section defines the requirements in the restrictive covenant to
ensure compliance with the provisions of the Afforable houisng Section of the Land Development
Regulations.
Applicants who previously qualified and then subsuqently received a homestead exemption
received a waiver of qualification provided they maintain a homestead exemption. Before new
occupants whether owner occupied or teonal occupant the prosepctive occupant(s) must meet the
qualifications for affordable housing. There is no provision in the Code or the Comprehensive
Plan to remove the restricte covenat before the end of the effective period.
Disc;her L32 B I 0 c~oc Ocean Shores See: 2
The County is committed to maintaining the affordablitiy of units that have been permitted as
affordable. If individuals were permitted to remove the deed restrictions at will. the complete
program would be undermined. I am sorry but I am unable to help you with your request.
Sincerely,
{~~?-
Director of Planning & Environmental Resources
cc: Tiffany SbIlJciewicz. Sr. Planning Tcchnic:iln
2
i
Page 1 of 1
Stankiewicz-Tiffany
From: Stankiewicz~ Tiffany
Sent: Thursday. August 11. 2005 11:38 AM
To: Lafleur-Beth
Subject: AFH Discher
On Aug. gll the Discher's came in to discuss th.-e affordable housing application (00188684.005000). They want
there deec:I restriction removed since they claim the house can not be sold with the restriction. We explained
Marlene Conaway already responded to a previous letter indicating the restriction could not be removed. If they
wanted they couk! submit another request. The Di8chers said they refuse to sign any more paperwork for
Affordable housing and would be talking to there Attorney. Mr. Discher inalC8ted his home would be worth more if
it burned down. They left the office.
On Aug. g", 2005, I returned a caD to Tammy G. regarding quesllons on Affordable Housing. I initially request a
location of the property and whether the property ts deveJoped or vacant to detennlne which atfordeble housi'1g
criteria needs to be explained. She indcated to me the property was vacant so I explained the current guidelines
regarding family size, max. seUing price limitation, Iq. footage. et ceteria. A1J we c:onUnued discussing afford8ble
housing. I was finally able to determine she was trying to help SOJMOne regarding affordable housing issues. I
asked again if the property W8S devek)ped and this time if It was the DIscher property. She s1ated the Discher
property of concem. I advised Tammy G. the guidelines I just explained were not applioable to this property. The
Discher applied for Affordable Housing In 1997 and where therefore under the old guidelines which are not
subject to a selling priCe or a square footage limitation. Someone who earned under 120% of the median income
could potentially qualify (58.450 x 120% = $70,140.-). I also expleined the purchaser does not have to live in
residence but could rent the dwelling unit within the quidefines {rent charged could not exceed {$70, 140.-x
30%112 = 1,753.50' per month.
Later the same day (Aug. glh) lee Rohe. Attorney called me regarding general questions on Affordable Housing. I
asked Mr. Rohe if the property location and if it was developed or vacant. He would not give me any information.
I explained the affordable housing guideline are specific to the property.
8/11/2005
q'l- 1- OC}OLP
tr.)
CI
tz;
:;"'foO
~, -:_'
zw
:;)0;;
o
<.' ....l
4:
IllI ~~
QU
a:; ....
zlil.
C1 ....
::EO
~-.. ....x. D'" IaI8ftlZCU..
{"'1~1.1 Dwel1Ln9 Vn!t(.))
STAn 01' noRIDA
CDUIftY 01' IIODlOa
1'0. ALL WIIOII IT IIU 00IIC&lUr
m
N
all'll
\Li...t
rtl:';
Sn.
N
SN
....."
..' 'iI'
lIIoU.~ 1. hereby gb..u
t. That. ~c+\U~'sCAu.. ~/I(}. the UDde:nivned i.t:;;;)
the aol. owner of cuta1n ~.l pr:ope&1:y, altuate, lying and ba"t:;
in Kocaroe COUm:y, ft.t:. of FlorWa, de8CIribecl aa fOllowe.
oo.-i
...:;1-
...... ""
Llrl
II.
u. toOl~L..'XlJa)~.:~:,A 'fwp. _ Raftge_
Lot:(a>>.:1~ 81ock(e) I I1l.
8ubdlYi.aion.t\14ibt. ~ by. (\~..\ '-t., Vq V'
Res ~ ,
Plat !look I h PI9I' 7.6
'1'bat WIder tbe proYL.~ Mt forth 1ft Cba~ 9.5 of tbal MoIlroe
~y Laad De'ftllos--t Jblval.tione ....IJ: Shan ~ 1'..... ahall
be paid by mIY ~-, iacrludJ.D,g anr ~1:a1 ~, prior to
race1ving a baildiJ19 pmaJ.t for any new land ....los-ene ~ivUy.
III.
'l'hat under eM affordable bouaiDv pcovbJ.on. Nt f~h ~r
9.5 of &aid LaneS o...lopMDt: ltegUlat:lon., the owner or . f
the abo9'e--ilellCr!bed ~.1 ~y bava ...." exe.pt:ed froe pa,..eat
of their "rail' Sban ~ ..... tal: a {(aback OM)
)(' aLogl. taaily,_lIIUlti-f..Uy, ftIObU. ~) dwellJ..nq
lO'b". cone~ on II&J.d ~1 propart:r.
%
~
.... "'"
.... l%;
.. ~
m...:
t~ ':-.,!
r-- 1><1
(J' <;:J
0'1 4:
...~ .or
-I
I.-~ --J
C-J ..c;
IV. 'that: t:he _1., tru.f.r, iDheritance. ..e~ en: rantal of any
Mfordabl. aoua1Dg Ollie aM.11 only be to pe&'.... who qualify I.UldeZ'
. the Coum:y' e cu~ Affordab1.e Roua1ng eU9Utllity r1l9l1r.-nU
.. eat:abU.hed ADd ueDCled froa ~~ to tiae. All o~ tM
ll'..t:.dccJ.on. beJ:'ein. aball be bJ.ndJ.ft9 upon any tranafereee,
1......, bein or ...igaee..
'" ...;;
:"
ocr. ~......
v. '1'h&~ tbe CO'nDant. Ithall be effect:J.ve for twenty (20) ,.are but:
.ball not c~ ll'UIUl.ln9 until a certificate of 0CCI'lIJl8.ftCY h..
beeft i..ued by the bu11dLn9 official for the dwelling unit: eo
whicb the covenant or covenant. apply.
Vt. That tbe3pp1J.C&At:(~ua" tbe aUordel. houei.Ag' progr.. to gain
a4dltlona po1nt:. 1n tM pa&'lDit: al1oeation ayat:_ P'U'.uane to the
ow.llJ.ng Unie Allocatlon T.~ a.endaeDt:. ~1nanc. 016-1992.
0;2;
t.. <eI:
~o
'AI'8OU8.0"./'r1D.PH
!
i
I
I
!
1
i
!
I
!
I
I
I
,
!
f
.
!
i
I
i
,
i
I
f
f
0\
N
tD(TJ
I.On
m""
.e
Sn.
N
Si\l
.r-
H
. 'it
~r--!
..."I..,.
'-'00:
a...:c
(
== ~ ... .:;_::;: ;:- -. ~._1?Q~
& _ L_ .~!Ii.1:Lag the .Jr" ,..-..::t.l.
---. ~Q:i'JH.
IWGh. : c-f
Ad4rH.. ~t?/ ..ID .r~fFf/~/7' U~~
~j5.~~~
AiSU.... ~~:I St? R,ofiFvelr d/vtl
/J? II q ~r-r F;t JJOY()
in ....
"1tM.~".' ,
(.1cm.at:~ _
Pr1At/. "I
,
=~~~~:~ ~~~:1~ Fl 336U;
ftJ.at:J'1'Jpe _. __~
Acldr...s ~'1 'L>~l~ AuI!:I&.nGIV~ .331&9
STAB OW ~.1
QOUII'fr or 7'h -.._ CL.-
1IOftU~ WIONG.~
carr-::....
-- .....
. ,.,~co.lC
BUOU - tu. day per__Uy appH.I:lId ...Jbh.... 1) I ~ ct... V,..
~uH, 1> '~f"#7i ' who, !Malft9 duly WDrD, depo... and aay/..y.
that: ~"''''f. 18 u. ~ ~ t:1t:l. bal.s.r(.) of Ute ~lICr.l.bed.
r..l I*~y .1t:uat:.s 111 ~ CouAty, Plorlda.
TM lad1.1..1(_) 1e/u. peracmal1y IcnawD to _ or bu/baye p~c_
.. lc1aae1flcat:1oft.
Swan to ...s iIU1Mcdbld befoN - thi. ,J"Jda,. of _1J..ol ,
A.D. 1~ ~
IO'rAIll' PUBLIC.
JQ__ C.f1J--
Prs.. .$1t'~AI r....DfI",,,...
-L/./ staU of _ 1....
-; ~'J ..k4t:' t/~I Ify ea.l..1on hplre..
?A?tP/&./! .J V /7
J~Ah ;;J;.5'c.(7'F ~>/ / ..-n."~'
'AftlOOS.04-<.'1TrUII :;>/ ,. ,rt1.# Jf.-;/~~
P-6't/) f"- /~l.O.rt"u(/r plvt1{ / .
.n..:; tvesr -r;Z. A',PZ /,tPY,9'=: .3Jt?jt.t!J
MONROI COUNt V
0" r CI AL RRCOROS
!
i
~
i
I
I
I
I
I
i
I
r
I
I
!
!
I
!
f
--,
~'V101l.rOC COUllt '" j
gUll~en'
CBK'J.'.tI'IOATB OJ" OCCUPANCY
OWNSR:
DISCHER JOHN " RUTH
PERMIT NUMBER: 97~10000906 000 000
, .
THIS IS TO CERTIFY THAT THB BUILDING LOCATED AT:
L32 B 10 CUDJOB OCBAN SHORBS
RE NUMBER: 28-66-28-018868-40050-00
FOR WHICH PERMIT HAS HERETOFORE BBEN ISSUED. HAS BEEN COMPLBTBD ACCORDING
TO PLANS AND SPECIFICATIONS FILED IN THE OFFICE OF THE MONROE COUNTY
BUII..OING INSPSCTOR, AND THAT THE PROPOSED USE OF THE aUILDING, TO WIT, AS A
SINGLE FAMILY HOME
COMPLIES WITH ALL THE BUILDING AND HEALTH LAWS AND ORDINANCES OF MONROE
COUNTY AND IS APPROVED FOR THIS USE.
BK
10 LT 32 AMENDBD PLAT Ct.T
THE FOLLOWING INSPECTIONS HAVE BEEN MADE AND APPROVED:
FINAL BIOLOGICAL
FINAL ROOF
COLUMNS/TIE BEAM
FRAMIl-lG
AUGERS
GROUND SLAB
FINAL BUILDING
FINAL SEPTr c
ROUGH ELECTRIC - TOTAL
FINAL ELECTRlC
Ale DUCTWORK
FINAL AIC
ROUGH PL.UMBING - TOTAL
FINAL PLUMBING
SPECIAL NOTES:
THE FOLLOWING ROGa POINTS HAVE BEEN MET:
I.QUALIFIED FOR AFFORDABLE HOUSING
2.ULTRA LOW VOL. PLBG. FIXTURES
3.BEER 12
4. BPI 69.44
5 . SOLAR HWl-t
6.130 MFH WINO LOAD
7.155 MPH WIND LOAD
8.CERT. OF ELEV. IN PILE SHOWING SPR AT 15.7' TO
ROOFING (IN PROCESS)
SLAB/WOOD FLOOR
ROOF TRUSSES/SHEATHING
INSULATION/DRYWALL
BNCLOSURE - FINAL
Il-lSULATION - ONLY
CERTIFICATE OF ELEVATION
TEMPORARY POLE
ELECTRICAL SERVICE
ROUGH A/e
FREON LINES
GROUh,) ROUGH PI.l1MBING
SEWER CONN8CTION
FF !,~; ~
1
DATED THIS 30 DAY OF JUNE 1999
F'RMIZ HARD1N; , : (<.'
BUILDING INSPECTOR
CERTIFICATE NL~BER 99-1000051
PHILIP STANDISH/:.. ~.:.. ,
PLUMBING INSPECTOR
WALTER JENKINSI e fib .lol" ,
ELECTRICAL INSPECTOR
f 9.5-266 MONROE COUNTY CODE
b) Financial aid to bomebuyers as mortgage assistance,
inclusive of loans for down payment assistance;
c) Financial incentive for the conversion of transient units
to affordable residential units;
d) Direct investment in or leverage to housing a1fordability
through site acquisition, housing development and hous-
ing conservation; or
e) Other affordable housing purposes may be established by
resolution of the board of county COInmiRSionerB, which
shall act as trustees for the fund. The board of county
commissioners may enter into agreements with the Mon-
roe County Housing Authority; a quaHfied eommunity
housing development organization created by the board of
county commissioners, or a municipality within Monroe
County.
(e) Community housing development organization. The board
of county commissioners may establish a nonprofit community
housing development organization (CHDO), pursuant to federal
regulations governing such organizations, to serve as developer of
affordable housing units on county-owned property, including or
located in the municipalities oftbe county, upon interIocal agre&-
ment. In such event, the county may delegate to the community
housing development organization all or partial administration of
the a1fordable housing trust fund.
(0 Administration and compliance:
(l) Before any building permit may be issued for any &true-
~ portion or phase of a project to this section, restric-
tive covenants(s) shall be filed in the Official Records of
Monroe County to ensure compliance with the provisions
of this section rtlJlning in favor of Monroe County and
enforceable by the county and, if applicable, a participat-
ing municipality. The covenants for any affordable hous-
ing units partly or wholly financed by a public entity shall
be effective for a period of at least fifty (50) years. The
covenants for any a1fordable housing units relying wholly
upon private non-public fuu~neing shall be e1fective for at
least thirty (30) years. The covenants shall not coml1)ence
Supp. No. 88
800.160.2
I
(
LAND DEVELOPMENT BEGULATlONS
I 9.6-266
rnnning until a certificate of OCC11pancy has been issued
by the buDding official for the dwelling unit or dwelling
units to which the covenant or covenants app~
(2) Restrictive covenants for housing subject to the provi-
sions of this section shall be filed. that require compliance
with the following:
8. Restricting affordable housing dwelling UDits to hous&-
holds meeting the income requirements of section
9.5-266(a)(6)a.
b. Restricting employee housing dweIliDg units to h0use-
holds meeting the income and employment require-
ments of section 9.5-266<aX6)b.
c. Restricting market rate housing dwelling units to
households meeting the employment requirements
of section 9.5-266(a)(8)a.
d. Restricting affordable and employee housing dwell-
ing units to no more than thirteen hundred (1,300)
square feet of habitable space.
e. Prohibiting tourist housing use or vacation rental
use of any housing developed under the provisions of
this section.
(3) Tbe eligibility of a potential owner-occupier or renter of
an affordable, employee or market rate housing dwelling
unit, developed as part of an employee or affordable
housing project, shall be determined by the plAnning
department upon submittal of an affidavit of q1JaJifi~tion
to the pJAI):Qjng department. The form of the aflidavit
shall be in a form prescribed by the plAnning department.
This eligibility shall be determined by the p)~nning
department as follows:
a. At the time the potential owner either applies for
affordable housing ROGO allocation, or applies to
purchase a unit that utilized affordable housing
ROGO allocation; or
b. At the time the potential renter applies to occupy a
residential unit that utilized an affordable ROGO
allocation.
Supp. No. 89
800.160.3
f 9.5.266
MONROE COUNTY CODE
(4) Except as provided in paragraph (5) below, the property
owner of each affordable employee or market rate ~
dwelling unit, developed as part of an af1brdab1e or
employee housing project, shall be required to aanuaIly
submit an affidavit at qUAlification to the plAnn;". de--
partment verifying that the applicable employment and
income requirements at paragraph (2) above are met. The
annual aftidavit of qualification shall. be in a form pre-
scribed by the p)~nning director and shall be filed by the
property owner upon receiving written notification by
certified mail from the p)fl"ning department.
(5) The owner-occupant of an affordable, employee, or JD8J'-
ket rate housing dwelling unit, developed _ pert of an
affordable or employee housing prqject, who has received
a homestead exemption as provided for under the PJ.o:rida
Statutes, is not required to submit an annual aflidavit of
qualification 88 required above in paragraph (4) if that
owner-occupant W8S qualified previously by the plAnning
deparbnent. Prior to any chAl'\ge in ownership (inducting,
but not limited to: sale, assignment, devise, or othenrise)~
the owner-occupant shall be required to provide documen-
tation to the p1Al'ning department in a form prescribed by
the planning director proving that the potential OCC11py~
ing household is eligible to occupy that unit prior to a
change in ownership of the property.
(6) Failure to submit the required annual verification as
required in paragraph (4) above or failure to provide
documentation prior to change in ownership required in
paragraph (5) above shall constitute a violation at the
restrictive covenant, the conditions of the certificate of
occupancy and this chapter.
(7) The restrictive covenants for affordable and employee
housing required under this section shall be approved by
the growth management director and county attorney
prior to the recording of the covenant and issuance of any
building permit.
(g) [Reserved.]
Supp. No. 89
800.160.4
LAND DEVELOPMENT REGULATIONS
f 9.5-267
(h) I~rlocal affordable rate of growth allocatUm a.greementB.
The Monroe County Board of County CnmmilUrioners may autho-
rize interlocal agreements between the county and the cities of
Marathon, and Key West, and Islam.~ Villap of glands for
the purpose of sharing residential rate of growth aftOrdable
housing allocations. The interlocal agreements may be based
upon a specific project proposal within ODe or more jurisdictions
or may be for a spec:i.tic allocation of units on an annual basis.
from the county to a municipality or from a municipality to the
county. All allocations made available to a jurisdiction must meet
the applicable affordable housing requirements of the receiving
jurisdiction's land development regulations and aft'ordable hOWl-
ing (JI'fUn8llCe8.
(Ord. No. 33-1986. f 9-306; Ord. No. 40-1987. If 6. 73, 74; Ont.
No. 6-2001. f 2; Ord. No. 003-2002. 11; Ord. No. 013-2002. If 1.
2; Ord. No. 030-2003. H 5-8; om. No. 047-2008. f 1; Ord. No.
036-2004. f 2; Ord. No. 035-2004. f 4)
See. 9.1-..,. H-mmum hotel-motel, recreational vehicle
and butitntiODal residential densitiea.
Jla. NflI
AllocGRd ~
Lt:md u. ~ (roDI'IUlbuJld4bN
IMtrit:I and U. (romu/~ tu:rd a.SA. ·
Urban Commereial:
Hotel 10.0- 19.0 0.2
ID8t. Rea. 16.0 24.0 0.2
Bee. Rental 15.0' 16.0" 0.2
Urbul
Remda..t.:.l.
last. BeiI. 10.0 20.0 0.2
Urba Be8ideotial JI.oblIe Home:
Bee. ..tal I 5.0 I 1.0 0.2
Urban ~ Mobile Home-Limited:
Bee. Reot8l 6.0 7.0 0.2
Bot.el 10.0 U1i.0 0.0
Jut. Res. 5.0- 20.0 0.0
Bee. Beat8l 10.0-' 10.0* 0.0
Sub Urban Residential:
1nBt. Rea. 3.0 6.0 0.6
Hotel 6.0 litO 0.5
Bee. Rental 6.~ 10.0- 0.5
Demlletion Reeort:
Supp. No. 90
800.161
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/15/06 - K.L
Division: Coun~ Attorney
Bulk Item: Yes
No~
Staff Contact Person: Jerry D. Sanders
AGENDA ITEM WORDING:
Discussion of proposed settlement of Florida Kevs Citizens Coalition and Last Stand v. Department of
Community AUairs and Monroe County. FL. Case No. DOAH 06-2449GM.
ITEM BACKGROUND:
Two environmental groups, Florida Keys Citizens Coalition and Last Stand, have challenged the
Department of Community Affair's approval of five (5) Monroe County Ordinances implementing the
Tier System. On November I, 2006, the Board rejected a proposed settlement agreement that would
have resolved the challenge and directed staff to negotiate a revised settlement agreement.
This item is being placed on the agenda at this time in the event that a revised agreement is negotiated
between now and the November 15th BOCC meeting.
PREVIOUS RELEVANT BOCC ACTION:
On 3/15/2006, BOCC approved Ordinances 008-2006,009-2006,010-2006,011-2006 and 013-2006.
On 7/19/06, BOCC directed staff to defend the Challenge.
On 9/25/06, the Board authorized staff to continue the final hearing because a tentative settlement
agreement was close to being reached.
On 11/1/2006 the BOCC held a Closed Session to discuss settlement options and in open session
rejected the settlement proposal of September 26, 2006.
CONTRACVAGREEMENTCHANGES:N/A
STAFF RECOMMENDATIONS: Discussion of the proposed Settlement.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: * Included
Not Required _ *Not available at this time.
DISPOSITION:
Revised 2/05
AGENDA ITEM #
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/15/06 - KL
Division: County Attorney
Bulk Item: Yes ~
No
Staff Contact Person: Suzanne A. Hutton
AGENDA ITEM WORDING:
Approval of a resolution amending Resolution No. 386-2006 to correct a scrivener's error which
omitted the fee for the three-year County license alternative for cats that are not spayed/neutered,
specifically 2.E.(2)(b)
ITEM BACKGROUND:
On September 20, 2006, the Board approved Resolution No. 386 -2006 to provide the alternative three-
year license in conjunction with the three-year rabies vaccines administered to some pets. Animal
control contractors report a significant number of people selecting the three-year vaccine making the
alternative three-year license desirable.
PREVIOUS RELEVANT BOCC ACTION:
On June 21, 2006 the Board approved Ordinance No. 006-2006 and correlating Resolution 240-2006.
On September 20, 2006, the Board approved Resolution No. 386-2006.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes....x.... No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~
OMBlPurchasing _ Risk ~ement
~ --
~ ~N' COUNTY ATTORNEY
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
Not Required
DIsPosmON:
AGENDA ITEM #
Revised 2/05
RESOLUTION NO.
- 2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING RESOLUTION NO. 386-2006 TO PROVIDE A
THREE-YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT
SPA YEDINEUTERED.
WHEREAS, Resolution 386-2006 was passed by the Board of County Commissioners on September 20,
2006 providing for one-year and three-year County licenses, fees for dogs, cats and ferrets and replacement license;
and
WHEREAS, a scrivener's error resulted in the omission of the 3-year County license fee for cats that are "not
spayed/neutered and 6 months of age or older", 2.E. (2)(b); and
WHEREAS, the animal control contractors report that there are a sufficient number of people selecting the
three-year vaccine for their pets to make the alternative three-year license also desirable;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, that:
I. Section 2.E. of Resolution No. 386-2006 is hereby amended to read:
2.
E. County License:
(1) Dogs:
(a) Animal is spayed/neutered or under 6months of age
(b) Animal is not spayed/neutered and 6 months of age or older
ONE YEAR TIJREE YEAR
$10 $20
$35 $75
$10 $20
$35 $75
$6 $10
$2
(2) Cats:
(a) Animal is spayed/neutered or under 6months of age
(b) Animal is not spayed/neutered and 6 months of age or older
(3) Ferrets:
(4) Replacement (per replacement, regardless of years covered)
(5) Dogs and cats with microchips or other means of permanent identification and with registration to the County or
a national identification service current to the owner, shall receive a $5 discount from the annual license fee.
_ PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
meeting of the Board held on the 15th day of November ,2006.
Mayor McCoy
Mayor Spehar
Commissioner Neugent
Commissioner Murphy
Commissioner DiGennaro
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
Date
JESOLUTlON NO. _.~
A RI'SOLUTION 011' THE BOARD 011' COUNTY COMMISSIONERS 011' MONROE
COUNTY, :n.o1UDA, AMENDING RI'SOLunON NO. -.20D6 1'0 PROVIDE A
THREE-YEAR ALTERNADVE IN 1'IIE DOG, CAT . nRRET LICENSE JI'EI'S.
WIIEREAS, RaoIutioD No. 240-2006... ....... by dIG lbrd ofC'AJullty c-i..... (BOCC) to mriIe
the fees to be cbuged fOr various animal COIIIJOl services ; aDd
WIIEREAS, RaolutioR No. 240-2006 ..Jilfti~ tbc alllrallive ...,.,1iceaIe &Y8iJabIe ill coajuDcIion
with the tbree-year tabies vaccine which are wImi"ittered to some pets; aDd
WIIEREAS, tbc.wnal coaIn)J ~4lCtOB n:poIt duIt tbcrc are a tufIicietIt JJUmbcr ofpeople ~ the
tbn:e-year vacciDe for tbeir pets to make the aItemative tbree--year Iic;easc also cIcsirable;
NOW, THERUORE, BE rr RESOLVED BY1HE BOARD OF COUN'IY COMMISSIONERS OF MONROE
COUNlY, that:
1. Scdioa 2.B. of RcIoJutioa No. 240-2006 is hereby ~ to..:
2.
E. Coualy UceaIe:
(I) Dogs:
(2) Call:
(a) ADimaI is IpIIYCIdIacutcr 01' U8der 6IDOIdhI of..
(b) Animal is DOt spayedfneutcJrcd and 6 months of.. or older
<a) ADimal Is spayClCllneutered or under 6mon1bs of..
(b) AaiaaI _DOt ~aad 6111011th1 of. OI'oIdec
QNJ YEAR. nnum YEAR.
$10 120
S3S $7S
S10 S20
$35
$6 $10
S2
(3) Femes:
(4) a.:p~ (per ~...... ofyclll covcrecI)
(5) Dop and cats with microchips or other IDC8III of iM=IiIIIIluCdt identifUWtW. aad widl reptndion to the County or
a ft8tioDal idadification SClI'Viee c:urreot to the OWD<<. sbaII receive a S$ <Nc:ount tiom the anauallK:ense fee.
PASSED AND ADOPTED by the BoenI ofCouaty ~~ ofMaaroc Couaty. Florida. at a meetiDa
of the Boeni held OIl the 20Ch day ofSeptembcr . 2006., _ _
. -MONROE'COUNTY ATTORNEY
APPROVED AS ~
- . ~ ~A~N~. CASSat: .....
- ASSISTANT COUNTY ATTo!!,e€
Date /0-/7- 01 ~(' jiIf R
0,..:.... -t
rYt;x-<
("'). r -
BOARD OP COUNTY COMMl~~_
OP MONROEI:UNTY' n.o~~~<. !
. . 'r- Q
..., (;) ..
I m r
By: ~ ~
Mayor.
fiI
fiI
:r.
AbIeDl
fit
...,
F
ITI
o
...,
a
:'"'J
:;/
.-'1
("')
o
::u
o