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Ordinance 034-2002 Marine Resources ORDINANCE NO 034 -2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, PURSUANT TO SEC. 328.66, F.S., IMPOSING A MONROE COUNTY VESSEL REGISTRATION FEE; PROVIDING FOR THE AMOUNTS OF THE VESSEL REGISTRATION FEE; PROVIDING FOR THE COLLECTION OF THE VESSEL REGISTRATION FEE BY THE MONROE COUNTY TAX COLLECTOR; PROVIDING FOR THE PURPOSES FOR WHICH THE VESSEL REGISTRATION FEE MAY BE SPENT; PROVIDING THAT THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MAY ENTER INTO INTERLOCAL AGREEMENTS WITH THE MONROE COUNTY MUNICIPALITIES FOR THE DISTRIBUTION OF THE VESSEL REGISTRATION FEE AMONG THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE MUNICIPALITIES; 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, Monroe County, the Florida Keys contains one of the longest shorelines in the state of Florida; and WHEREAS, the waters surrounding the Florida Keys contain extensive and valuable shallow water resources worthy of protection; and WHEREAS, boating activity in the Florida Keys is extensive, with over 25,000 registered vessels and an unknown, but comparably large number of out-of-County boaters; and WHEREAS. it is the County's desire to protect its shallow marine resources and to provide for safe access of boaters to waters of the County and for safe passage of boaters through the waters of the County; and WHEREAS, Sec. 328.66, F.S., allows Counties to levy a County vessel registration fee in addition to those described in 328.72, F.S. WHEREAS, the revenue generated by a County vessel registration fee could be used to support the No Discharge Zone in the state waters of the County to provide funds for vessel mooring fields and additional pump-out facilities; or to support other boater related projects involving water quality improvements; or to support other boating improvements such as channel marking, regulatory zones, and boating access areas; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Imposition of County annual vessel reaistration fee. a.) Pursuant to Sec. 328.66(1), Monroe County hereby imposes an annual registration fee on vessels registered, operated or stored in the water within Monroe County, Florida. The fee shall be fifty (50%) percent of the applicable state registration fee. However, the first One ($1.00) Dollar of every County registration fee imposed pursuant to this ordinance shall be remitted to the state for deposit in the Save the Manatee Trust Fund created within the Fish and Wildlife Conservation Commission. b.) As authorized by Part II, Chapter 328, F.S., the Monroe County Tax Collector shall collect the County annual vessel registration fee imposed by this ordinance and remit the fees to the County and the state as provided by law. Provided, however, the Tax Collector shall not be required to collect the County annual vessel registration until three (3) months after the effective date of this Ordinance. Section 2. Use of the County annual vessel reaistration fee. The County annual vessel registration fee may be used for any purpose authorized by law. Section 3. County authorized to enter into interlocal aqreements with municipalities for distribution of fees. Pursuant to Sec. 328.66(2), F.S., the Monroe County Board of County Commissioners is authorized to enter into interlocal agreements with any of the various municipalities within the County for the distribution of the proceeds of the County annual vessel registration fee between or among the County and a municipality or municipalities according to any formula the parties may agree upon. However, the interlocal agreement or agreements may not provide for the expenditure of the County annual vessel registration fee on any purpose not authorized by law. Section 4. If any section, subsection. sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. The provisions of this ordinance shall be included and incorporated in Chapter 5.5 as Article VI of the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 7. 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 18tldayof December ,2002. Mayor Dixie Spehar ypQ. or Pro Tem Murray E. Nelson ypp. 'ssioner Charles "Sonny" McCoy ypp. , ioner George Neugent yep. ner David Rice yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ,,))~ >n ~~ By Mayor/Chairman APPROVED AS TO FORM :r2~~ Attorney's Office I'-..) = ""TJ (;) c::..-:--..-, :z <-...> r- 25c; c..... ,." :z:- 111 ~ _<. :z: 0 C)" I ." (...:>.~~, -.J C) ~;u> ;U . c -0 -t(""')! :;::0 :<-t:::r: :x ,." ..,,' )> - 0 r- C) .. 0 )> r" W ;U CO 0 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE PLANTATION KEY MARATHON SUB COURTHOUSE MONROE COUNTY COURTIIOUSE GOVERNMENT CENTER 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET, SUITE 101 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 KEY WEST, FLORIDA 33040 PLANTATION KEY, FLORIDA 3307{) TEL. (305) 289-6027 TEL. (305) 292-3550 TEL. (305) 852-7145 FAX (305) 289-1745 FAX (305) 295-3663 FAX (305) 852-7146 January 7, 2003 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Via Certified Mail 7002 2030 000126687910 Dear Mrs. Cloud, Enclosed please find certified copies of the following Ordinances: Ordinance No. 033-2002 declaring that an emergency exists and waiving notice by a four-fifths vote; amending Section 2 of Ordinance No. 022-2002 in order to provide that a surcharge of $9 shall be imposed on parking tickets to fund school crossing guards; providing that the surcharge is effective in the unincorporated areas of Monroe County; 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. Ordinance No. 034-2002 pursuant to Sec. 328.66, F.S., imposing a Monroe County Vessel Registration Fee; providing for the amounts of the vessel registration fee; providing for the collection of the vessel registration fee by the Monroe County Tax Collector; providing for the purposes for which the vessel registration fee may be spent; providing that the Monroe County Board of County Commissioners may enter into Interlocal Agreements with the Monroe County Municipalities for the distribution of the vessel registration fee among the Monroe County Board of County Commissioners and the Municipalities; 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. Ordinance No. 035-2002 creating the Marathon Municipal Service Taxing Unit located within Monroe County, and the incorporated area of the City of Marathon, Florida, to provide . wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.77 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. Ordinance No. 036-2002 creating the Conch Key Municipal Service Taxing Unit located within the unincorporated area of Monroe County, Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.70 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. Ordinance No. 037-2002 creating the Bay Point Municipal Service Taxing Unit located within the unincorporated area of Monroe County, Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.70 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. Ordinance No. 038-2002 creating the Big Coppitt Municipal Service Taxing Unit located within the unincorporated area of Monroe County, Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.70 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on December 18, 2002. Please file for record. Should you have any questions please feel free to contact me at (305) 292-3550. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Co by: cc: Municipal Code Corporation via certified mail 7002 2030 0001 2668 7903 Growth Management-Ordinance Nos. 034 through 038 Property Appraiser-Ordinance Nos. 035 through 038 FKAA-Ordinance Nos. 035 through 038 OMB-Ordinance Nos. 035 through 038 City of Marathon-Ordinance No. 035 County Attorney County Administrator wlo documents Finance Tax Collector-Ordinance No. 034 BOCC Clerk of Court-Ordinance No. 033 File ./ DIVISIONS OF FLORIDA DEPARTMENT OF STATE MEMBER OF THE FLORIDA CABINET State Board of Education Office of the Secretary . Trustees of the lnternallmprovement Trust Fund Office of internatIOnal RelatIOns Administration Commission Division of Elections Horida Land and Water Adjudicatory Commission Division of Corporations. Sitiog Board DIVISion of Cultural AffaIrs Division of Bond Finance Division of Historical Resources Department of Revenue Division of Ubrary and Wormation Services De artment of Law Enforcement Division of Uce~sing. . FLO RIDA D EP ARrMENT 0 F STATE Department of HighW~y Safety and Motor Vehicles DIVISIOn of Adnnrustrauve Services Ken Detzner Department of Veterans' Affairs Secretary of State DIVISION OF ELECTIONS January 14, 2003 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 7, 2003 and certified copies of Monroe County Ordinance Nos. 034-2002 through 038-2002, which were filed in this office on January 10,2003. Si~~~ Liz Cloud, Chief Bureau of Administrative Code LC/mp 3: ~ o C':1 25 .." ;;:e 1:,. '-U ,-- ::0 ::,0 c- o p ::: :boo rTJ f'T1::7.:'~ :z 0 ('") . o ('") ~ - .." c:: ::;; _. -.I 0 ;;z: ......, -'. ::::0 -l . C:, :boo :<~~ ::r :;J.J ,,')>. _ rrl r-CJ - (J )> f'T1 .. a w ::0 BUREAU OF ADMINISTRATIVE CODE a 0 The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270 FAX: (850) 245-6282 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us Email Confirmation Page 1 of2 M~nicipet C,Me Corpo~tion Municipal Code Corporation info@mail.municode.com P.O. Box 2235 Tallahassee, FL 32316-2235 r--:> c:::> ..." Monroe County, FL Code of Ordinances - 1979(11270) 3- <= - 0 c') '-'-' r :;z:: J>" c- rr1 Supplement 79 :::On:;:: :::x:- C o..:;;r: :% !T\ ?" . , N ..." Recorded: 1/14/20031:56:08 PM n' f- a on. - :;0 We have received the following material through Hard Copy. ~ ?O ~=:; :;r:/" :;0 -\ r'" :x rn -< CJ _, . -\- S C~) This is our new acknowledgement format. You will no longer be receiving post cards for ..,,' ;p- O ordinances received. If you have any questions please contact us at the phone number or .. cc ;0 r<r1 W email address listed below. ;p ~. Cl .._F Thank you for your assistance and cooperation. Document Adoption Description Ordinance No. 12/18/2002 Amending Sec. 2 ofOrd. No. 022-2002, providing that a surcharge of 033-2002 $9 shall be imposed on parking tickets to fund school crossing guards. Ordinance No. 12/18/2002 Providing for the collection of the vessel registration fee by the county 034-2002 tax collector. Ordinance No. 12/18/2002 Creating the Marathon municipal service taxing unit located within 035-2002 Monroe County, to provide wastewater and reclaimed water services and facilities. Ordinance No. 12/18/2002 Creating the Conch Key Municipal service taxing unit located within 036-2002 the unincorporated area of Monroe County. Ordinance No. 12/18/2002 Creating the Bay Point municipal service taxing unit. 037-2002 Ordinance No. 12/18/2002 Creating the Big Coppitt municipal service taxing unit. 038-2002 Tired of receiving your acknowledgements by mail? Send us your email address at info@mail.municode.com. Get our 50th anniversary cookbook at www.municode.com You can submit your ordinances via email to ords@mail.municode.com. Should you have questions please contact us. Are you tired of mailing out codes and supplements? Tired of printing additional copies of codes? Let Municipal Code handle the distribution and sales. Contact the distribution department at: dist@mail.municode.com . . . http:/ /intranet.municode.comlBIS/Recording/acknowledgePrint.asp?jobid=3881 &print=tru... 1/14/2003 • �FLORIDA-,i+IT5.- , r� KEY110Ti---- '''' Published Twice Weekly — — no.2417400 Marathon, Monroe County, Florida Q(0NOTICE OF INTENTION TO j i� CONSIDER ADOPTION OF COUNTY ORDINANCE 0 PROOF OF PUBLICATION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that • on Wednesday,December 18, 2002,at 3:00 PM at the Marathon Government Center, STATE OF FLORIDA -- Marathon,OMonoeCounty, Florida,the Board of County COUNTY OF MONROE Commissioners of Monroe ' County,Florida,intends to consider the adoption of the following County ordinance: Before the undersigned authority person- AN ORDINANCE" OF THE S o - BOARD. OF COUNTY COM-' C) L' r— ally appeared WAYNE MARKHAM who on MISSIONERS OF MONROE ?_ ,i COUNTYoath, says that he is PUBLISHER of the SUUANT TO SEC.FLO 3228.66, F.S., �(=" co a r- IMPOSING A MONROE COUN- f"i`l FLORIDA KEYS KEYNOTER, a twice TY VESSEL REGISTRATION ( —ri FEE; PROVIDING •FOR THE C")' f' CD weekly newspaper published in Marathon,. -AMOUNTS OF THE VESSEL J^• --1 / • REGISTRATION FEE; PROVID- r�-- 73 — in Monroe County, Florida: that the ING FOR THE COLLECTION OF — '` THE VESSEL REGISTRATION CD Florida: FEE BY THE MONROE COUN- J r'r attached copy of advertisement was TY TAX COLLECTOR;PROVID- ING FOR THE PURPOSES FOR �. .-' CO published in said newspaper in the issues WHICH THE VESSEL REGIS- CT) .. O TRATION FEE MAY BE SPENT; 9 rl N 73 of: (date(s) of publication) PROVIDING THAT THE MON- ROE COUNTY BOARD OF --.l CD 7//7COUNTY / COMMISSIONERS MAY ENTER INTO INTERLO- CAL AGREEMENTS WITH THE MONROE-COUNTY MUNICI- PALITIES�� ��� TRA ION FOR THE ONGRIBUE ��/yy}— TION OF THE VESSEL REGIS- TRATION FEE AMONG THE • MONROE COUNTY BOARD.OF COUNTY COMMISSIONERS • AND THE- MUNICIPALITIES; PROVIDING ILI- Affiant further says that the said FLORIDA TV; PROVIDING FOR THE RE- P IN- EALKEYNOTER is a newspaper published CENSISTE LORDINERE HEREWITH; CONSISTENT �HEREWITH; PROVIDING FOR INCORPORA- at Marathon, in said Monroe County, TION COUNTY INTO OCODE THE OF_MONROE Florida, and that the said newspaper has NANCES;AN NDPROVIDING OVIDINGAN EFFEheretofore been continuouslypublished in Pursuant to Section 286.0105, Florida Statutes,notice is given said Monroe County, Florida, twice each that if a person decided to ap- rani Any rlentinn marl,by the) week (on Wednesday and Saturday) and Continued In the has been entered as a second class mail Next Column ,matter at the post office in Marathon, in terBo o wih re at t t any mats ter considered at such hearings or meetings, he will need a re- Monroe County, Florida, for a period of cord of the proceedings, and that,for such purpose, he may one year. next preceding the first need to ensure that a verbatim record of the proceedings is publication of the attached copy of made, which record includes the testimony and evidence advertisement. The affiant further says based which the appeal is to be that he has neither paid nor promised any ordi Copiesnance tee of above availabl r-eefef rencedor re- person, firm, or corporation any discount, view at the various public librar- ies in Monroe County,Florida. .- rebate, commission or refund for the Dated at Key West,Florida,.this purpose of securing this advertisement for 22nd day of November,2002. publication in the said newspaper(s) and DANNYL.KO Clerk of the Circuit Courtrt and and ex officio Clerk of the Board of County that The. Florida. Keys Keynoter. is in full Commissioners of Monroe compliance with Chapter 50 of the Florida - County,Florida Publish November 30, State Statutes on Legal and Official December-7;2002 Florida Keys Keynoter Advertisements. -- - - - - . . d'il() Laserfisead On_______by.._initail--'tril Sworn scribede daft this 0 y o J'e G _/, 2002 (SEAL) • ,,‘of Fl BEVERLY TRAAS GER NOTARY 4 '© CommY Com Exp.3/1W2Ga5 • N PUBLIC allo.CC 87O942 0/2,,,, . ll srs rson lly Krstvn [1 Mx I.D. Notary ��� <> Ad#2153100 Ves. D 3'� TIIE Registration Fee }our Lpperlicys Connection NOTICE OF INTENTION TO CONSIDER - PORTER ADOPTION OF COUNTY ORDINANCE PursUant to Section P.O. Box 1197•Tavernier,Florida 33070-1197 286.0105,Florida (305)852-3216 Fax: (305)852-8240 . NOTICE IS HEREBY Statutes,notice is given GIVEN TO WHOM IT , that if a person decided to MAY CONCERN that on i appeal any decision PROOF OF PUBLICATION Wednesday;December made by the Board with • 18,2002,at 4:00 PM at respect to any matter the Marathon Govern- considered at such hear- ment Center,2798 ' ings or meetings,he will STATE OF FLORIDA Overseas Highway, . ; need a record of the pro- t,for COUNTY OF MONROE County,Florida,the hon;Monroe ' such gs,purpose,nd heth may such he may. • Board of County Corn- - ' need to ensure that a ver- Before the undersigned authoritymissionersofMonroe batim record of the pro- gne County,Florida,intends , ceedings is made,which personally appeared JACKLYN R. to consider the adoption record includes the testi- of the followingCounty , mony and evidence upon HARDER who on oath, says that she is ordinance: ` which the appeal is to be ASSOCIATE PUBLISHER/EDITOR of THE based. • REPORTER, a weeklynewspaperentitled AN ORDINANCE OF THE BOARD OF COON Copies of the above- to publish legal advertising published at , TYCOMMISSIONERS referenced ordinance are Tavernier, Monroe County, Florida: that OFMONROURSUANTCOUNTY, 1 available for review at the FLORIDA,PANT various public libraries in the attached copy of advertisement, being TO SEC.328.66,F.S., Monroe County,Florida. LEGAL NOTICE in said newspaper in the COUNIMPOTY VESSEL EG - 'couNTY VESSEL REG- Dated at Key West, issue of: ISTRATION FEE; OR THE PRO- Florida,this22nddayof VIDINAMOUNTS OF THE November,2002. VESSEL REGISTRA- • DANNY L.KOLHAGE, November 29th and December 6th 2002 TION FEE;PROVIDING Clerk of the Circuit Court FOR THE COLLECTION and ex officio Clerk of the . OF THE VESSEL REG- Board of County Affiant further says that THE REPORTER ISTRATION FEE BY ; Commissioners of y THE MONROE COON- Monroe County,Florida ,. is a newspaper published at Tavernier, in TYTAXCOLLECTOR; (SEAL) said Monroe County, Florida, nd that the PROVIDING FOR THE PURPOSES FOR Publish:11729/02& said newspaper has heretofore been WHICH THE VESSEL 12/06/02 continuous) ublished In the said REGISTRATION FEE The Reporter y P MAYBE SPENT;PRO- Tavernier,FI 33070 Monroe County, Florida, each week (on VIDINGTHATTHE Thursday), and has been entered as BMONROE COUNTY • OARD O COUNTY second class mail matter at the Post ' COMMISSFIONE S MAY Office in Tavernier, in said Countyof ENTERINTOINTERLO- CAL AGREEMENTS Monroe, Florida, for a period of one year WITH THE MONROE next preceding the first publication of the COUNTY MUNICIPALI- attached copy of advertisement; and BUTIONOFTHEEVES--TIES FOR THE I affiant further says that she has neither SEL REGISTRATION • FEE AMONG THE MON- paid nor promised any firm, person, or 'ROE COUNTY BOARD. . corporation any discount, rebate, OF COUNTY COMMIS- SIONERS AND THE commission or refund for the purpose of MUNICIPALITIES;PRO- securing this advertisement for -VIDING FOR SEVER- ABILITY;PROVIDING_ publication in the said newspaper and that FOR THE REPEAL OF . o -7-1 The Reporter is in full compliance with "Al I C)Rf)INANCFS IN- , F Chapter 50 of the Florida State Statutes on I CONSISTENT HERE- �,_ . . M WITH;PROVIDING FOR r cp Li Legal and Official Advertis ments. INCORPORATION INTO �: _.,,, - w ;� THE MONROE COUN- o c •: ( O TY•CODE OF ORDI- c: :.:0 NANCE'S;AND PRO --I -` _ Z7 :::,ait / Ali/ ' DATEG AN EFFECTIVE �_:7 ` fit ✓ry CD Sw 9 r .. . A. . I. .Gribed,bef o re me this n r'° r 70 12t d rr ,,: �� 1� ;A�002. c rzi TARY o �� Y M CommComm'Ec i. 1V12/03 (SE �tw PUBLIC A. • cc 694188 rsortaty tUnevm I 1 other I.D. OW lillr--/ Nota