Ordinance 028-2009
ORDINANCE NO. 028 - 2009
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
DELETING SECTION 23-82 OF THE MONROE COUNTY
CODE; DELETING SECTION 23-83 OF THE MONROE
COUNTY CODE; DELETING SECTION 23-85(e) OF THE
MONROE COUNTY CODE; DELETING SECTION 23-88
OF THE MONROE COUNTY CODE; DELETING
SECTION 23-93 OF THE MONROE COUNTY CODE;
AMENDING SECTION 23-102 OF THE MONROE
COUNTY CODE; AMENDING SECTION 23-111 OF THE
MONROE COUNTY CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA TION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 205.191, Florida Statutes, provides that business taxes are not
required for practicing the tenets of any church; and
WHEREAS, Section 205.192, Florida Statutes, also provides that business taxes are not
required for charitable, religious, fraternal, youth, civic, service, and other similar organizations
that make occasional sales or engage in fundraising projects performed exclusively by members
and where the proceeds will be used exclusively for the organizations; and
WHEREAS, if Monroe County Code (MCC) Section 23-82 is deleted, charitable, religious.
fraternal, education and nonprofit organizations will not be required to submit an application for a
waiver of business taxes to the Board of County Commissioners to which the organizations are
already entitled under Sections 205.191 and 205.192, Florida Statutes; and
WHEREAS, the cost of a field person to monitor persons who advertise space on the sides
of boats, cars, buses, trucks and other vehicles outweighs the business tax collected pursuant to
Section 23-83 of the Monroe County Code ("MCC"), business tax for advertising space renters;
and
WHEREAS, MCC Section 23-85( e) (business tax for hotels, apartment hotels, motels, etc.)
contains language which is ambiguous and inconsistent with MCC Section 23-85( c); and
WHEREAS, no travelling entertainment or sales presentations appear to exist or have ever
paid a business tax in Monroe County pursuant to MCC Section 23-88, and thus the section appears
to be unnecessary; and
WHEREAS, no emigrant agents appear to exist or have ever paid a business tax in Monroe
County pursuant to MCC Section 23-93, and thus the section appears to be unnecessary; and
Final Ord deleting See 23-82,-83,-85(e),-88,-93, MCC 1
Re: Business Tax BOCC 8/19/09
WHEREAS, Section 539.001, Florida Statutes (the Florida Pawnbroking Act) requires that
all pawnbrokers be licensed by the Florida Department of Agriculture and Consumer Services and
that all pawnbrokers in Monroe County demonstrate compliance with this statute, but MCC Section
23-102 does not currently set forth this requirement; and
WHEREAS, Section 23-111 needs to be revised to address the category of vending
machines that sell internet access;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
follows:
Section 23-82 of the Monroe County Code shall be deleted in its entirety.
Section 23-83 of the Monroe County Code shall be deleted in its entirety.
Section 23-85(e) of the Monroe County Code shall be deleted in its entirety.
Section 23-88 of the Monroe County Code shall be deleted in its entirety.
Section 23-93 of the Monroe County Code shall be deleted in its entirety.
Section 23-102 of the Monroe County Code shall be amended to read as
Every person engaged in the business ofpawnbroker must pay a business tax of$337.50 for
each place of business. Every person engaged in the business of pawnbroker must display
and exhibit to the tax collector the license for the current year issued to the pawnbroker by
the Florida Department of Agriculture and Consumer Services prior to the tax collector
accepting the business tax payment and issuing a tax receipt.
Section 7.
as follows:
Section 23-111(a)(3) of the Monroe County Code shall be amended to read
(3) Service vending machines. The fee shall be $15.00 for each machine. As used
herein, the term "service vending machine" shall include, but not be limited to, machines that sell
internet access for a fee.
Section 8. If any section, subsection, sentence, clause, or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected such invalidity.
Section 9. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of the conflict.
Section 10. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances in the County of Monroe, Florida as additions or amendments thereto.
Final Ord deleting See 23-82,-83,-85(e),-88,-93, MCC 2
Re: Business Tax BOCC 8/19/09
Section 11. This ordinance shall take effect immediately upon receipt of official notice
form 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 19th day of August, 2009.
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Final Ord deleting See 23-82,-83,-85(e),-88,-93. MCC 3
Re: Business Tax BOCC 8/19109
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By /J..,,,..~.. n~,e4-
Mayor/Chairperson
MONROE COUNTY ATTORNEY
~E[CJPRM:
CYNTH IA L. HALL
ASSISTANq COUNTY ATTORNEY
- ~- aooq
Date
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANT A TION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARA THON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
September 8, 2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160 00003841 2198
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance No. 028-2009 deleting Sections 23-82, 23-83,
23-85( e), 23-88 and 23-93 of the Monroe County Code; Amending Sections 23-102 and 23-111
of the Monroe County Code; Providing for severability; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of
Ordinances; and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on August 19, 2009. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Via E-Mail to the following:
Tax Collector
County Attorney
BOCC
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THE MONROE
-COUNTY CODE; ,
The .„'" eporter _ ,' SEVERABILITY;
i PROVIDING FOR THE
REPEAL OF ALL _
PROVIDING FOR
P.O. Box 1197 • Tavernier, Florida 33070-1197
FILED FOR RECORD NCO ORDINANCES
NS INCONSISTENT
(305)852-3216 Fax: (305)852-0199 ' HEREWITH; ,
2009 AUG 27L. KOLHAGE
PROVIDING FOR•
PROOF OF PUBLICATION A�10: 22 i INCORPORATION
OE-
COUNTY CODE OF :
ORDINANCES;AND
CLERK CIR CT PROVIDINGAN
STATE OF FLORIDA tIONRJE, C0L,, _ F� i;EFFECTIVE DATE.
COUNTY OF MONROE pursuant to Section
286.010p,Florida -
Before the undersigned authority personally thate if a person decided to
appeared DAVID GOODHUE who on oath, says appealanydecision
that he is EDITOR of THE REPORTER, a weekly made by the Board with
respectto any matter
newspaper entitled to publish legal advertising considered at such hear-
published at Tavernier, Monroe County,_Florida: • ings or meetings,he will
; need a record of the pro- -'
that the attached copy of advertisement, being ceedings,and that,for
.
LEGAL NOTICE in said newspaper in the issue such purpose,he may
• need to ensure that a ver-
of: batiin record of the pro-
July 17, 2009 ;_ceedings is made,which
record includes the testi-
mony and evidence upon
Affiant further says that THE REPORTER is a bas hdtheappealistobe,
newspaper published at Tavernier, in said • `
Monroe County, Florida, and that the said . A STANCE:If .
' you-are a a person with a
newspaper has heretofore been continuously disability who needs spe-
Ad#2041200
published in the said Monroe County, Florida, cialaccommotlationsin ,
NOTICE OF:INTENTION order to participate iri this
each week(on Friday), and has been entered as proceeding,please con-
TO CONSIDER, tact the CountyAdminis-
second class mail matter at the Post Office in , ADOPTION OF. trator's Admipi-
Tavernier, in said County of Monroe, Florida, for COUNTY ORDINANCE ing(305)292-4441,be-
a period of one year next preceding the first -NOTICEISHEREBY
tweenthehoursof8:30
GIVEN TO WHOM IT a.m.-5:00 p.m.,no later
publication of the attached copy of MAY CONCERN that on than 2 working days prior
advertisement; and affiant further says that she Aagust 19,2009 at3:00 • to the soheduled meet-
P.M.,ores soon thereaf-
ter ing;ifyou are hearing or
has neither paid nor promised any firm, person, ter as maybe heard,at voice impaired,call
or corporation any discount, rebate, , the Murray E:Nelson 711 . .
commission or refund for the purpose of Government and Cultural Dated KeyatWest,Flori- '
Center;102050 Over-
securing this advertisement for publication in seas Highway,Mile da,this 15th day ofJuly,
•
the said newspaper and that The Reporter is in Marker 102.5,Key Largo, - 2009.
Monroe County,Florida, DANNY L.KOLHAGE,
full compliance with Chapter 50 of the Florida • the Board ofCounty Clerk of the Circuit Court
State Statutes on Legal and Official Commissioners of Mon and ex ofncio Clerk of the
/ roe.County,Florida,in Board of County
Advertisements. tends to consider the .
adoption of the following Commissioners of
i
•
County ordinance: Monroe County,Florida
' AN ORDINANCE OF (SEAL)
' THE BOARD OF •
Sworn to and subscribed before me 17m day of Published7117l2009
COUNTY The Reporter
July 2009. COMMISSIONERS OF FLORIDA,DELETING Tavernier,FL 38070
MONROE COUNTY, .
SECTION 23-82 OF THE ;
.. S.NC ,C!..).--a ..--Z :-. 1(.\.4...,06001/\. — 44-14 [ MONROE COUNTY
CODE;DELETING
SEC-TION 23-85(e)OF
Not ; THE MONROE
1 ®CI COUNTY CODE;
DELETING SECTION
23-88 OF THE MONROE
COUNTY CODE; .- '
' DELETING SECTION ,
23-93 OF THE MONROE
COUNTY CODE;
1 MA16AA;;.T,I,V+}668,NHUNT .AMENDING SECTION/
i d"i "��� MY COMMISSION 400381967 - ,23-102 OF THE
EXPIRES:JUN 22,2013 ' MONROE COUNTY ,
{ ' CODE;AMENDING
,' ': Bonded through 1st State Insurance SECTION 23-111 OF •
__Continued_on the _-_._
y_-.- --
N
FLORIDA KEYS.... SECTION 23-111 OF.
�` g71,1 i;:,_ ' i r ;,''j THE MONROE COUN- I
' ' I f ' I I"';,� FILED FOR RECORD ORSEVERABILI TY CODE; DTY;G
1_,._..\1 % 1,-1 `,...-j - _-i r. '_-'' !PROVIDING FOR THE
Published Twice Weekly 2009„g,t s 12 Mlii: 27 ;REPEAL OFALLORDI
L 7 1tLf NANCES INCONSIS-
Marathon, Monroe County, Florida ;TENT HEREWITH;
PROVIDING DANN !CORPORATION i L. KOLHAGE - !CORPO OON IR N-
INTO
PROOF OF PUBLICATION CLERK CIR.CT. ;TY CODE OF ORDI-
THE MONROE COUN-
11ONRCE COUNTY, FL ANCES,•AND PRO,
STATE OF FLORIDA :PA VID'DA EGANEFFECTIVE
TE.
I
COUNTY OF MONROE Pursu
ntt Section
286.0lorida
Before the undersigned authority person- statutes,notice is given
ally appeared WAYNE MARKHAM who on ,that ifa person decided to
oath, says that he is PUBLISHER of the `appeal any decision
made by the Board with
FLORIDA KEYS KEYNOTER, a twice respect to any matter '
weekly newspaper published in Marathon, considered at such hear-.-
ings or meetings,he will
in Monroe County, Florida: that the i need arecordofthepro:
attached copy of advertisement was ceedings,and that,for
!such purpose,he may
published in said newspaper in the issues need to ensure that a Ver-
of:: (date(s) of publication) ibatim record of the pro-
��ff,, J � ceedings is made,which
l,t ! ll f /� record includes the testi-
�/�� /J mony and evidence upon
,which the appeal is to be
/ ,based.
ADA ASSISTANCE.If
you aare a person with a
Affiant further says that the said FLORIDA I dlsability who needs spe-
KEYS KEYNOTER is a newspaper published order tocommcipatensin
order participate in this_
at Marathon, in said Monroe County, No.2098:of proceeding,please`con-
Florida, and that the said news a er has tacttheCountyAdminis-
p p NOTICE NTENTION trator s-Office,by phon-
heretofore been continuously published in i TO CONSIDER
- ing(305)292-4441,be-
said Monroe Count , Florida twice each ADOPTION OF tween the hours of8:30
y COUNTY ORDINANCE a•m.-5:00 p.m• no later
week (on Wednesday and Saturday) and than2workingdaysprior
has been entered as a second class mail NOTICEISHEREBY tothescheduledmeet-
GIVEN TO WHOM IT Ing;ifyou are hearing or -
matter at the post office in Marathon, in MAYCONCERNthaton voiceimpaireheari.
all
Monroe County, Florida, for a period of Ausust19,2009at3:oo 711". ,
P.M.,or as soon there-
one year next preceding the first I afterasmaybeheard, Dated at Key West,
publication of the attached copy of at theMu�rayE,Nelson Florida,this 15thdayof
Government and CuI July,2009.
cuit Court i
advertisement. The affiant further says turalCenter,102050 _
that he has neither paid nor promised any Overseas Highway, DANNYL.KOLHAGE,
person,
pany Mil go, ker 1.02.5,Key andrex officio Clerk of the
erson firm, or corporation discount, Lar o MonroeCounty,
rebate, commission or refund for the Florida,the Board of Board of County
r County Commissioners Commissioners of
of securingthis advertisement for I nty,Flori- Monroe County,Florida
purpose of MonroeCou'
publication in the said newspaper(s) and da,intendstoconsider
the adoption of the follow- - Publish July 18,2009
that The Florida Keys Keynoter is in full 1 ing County ordinance. Florida Keys Keynoter -
compliance with Chapter 50 of the Florida AN ORDINANCE OF — --�--" '
State Statutes on Legal and Official THEBOARDOFCOUN 1
Advertisements.9 _ TY COMMISSIONERS
?OF MONROE COUNTY,
i FLORIDA,DELETING
i SECTION 23-82 OF THE I
I MONROE COUNTY
I CODE;DELETING
Sworn to and bscr• before me SECTION 23-85(e)OF
THE MONROE COUN- I thi$ 2O Day 2009 TY CODE;DELETING
(SEAL) • SECTION 23-88 OF THE '
MONROECOUNTY •
CODE;DELETING
/� SECTION 23-93 OF THE ; it'011*
,.1, BEVERLY TRAEGER
. d/7 7 �� 7i, MONROE COUNTY (`
(l CODE;AMENDING- w � MY COMMISSION DD54213i
er
Notary SECTION 23-102 OF 540E Foc` EXPIRES:Apr.I8,016—
THE MONROE COUN- (407)3SC•0153 FlorldallotaIYSygice.com
LLY_C_O_D �AMEN_�G
Marsha F. Kirkwood
Advertising Coordinator
PO Box 1800
Key West FI33041
Office... .305-292-7777
Extension....... .x219
Fax. .. ... .305-295-8025
leaals@kevsnews.com
INTERNET PUBLISHING
keywest.com
keysnews.com
f1oridakeys.com
key-west.com
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free Press
Islamorada Free Press
Key Largo Free Press
MARKETING SERVICES
Commercial Printing
Citizen Locals Card
Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
c itizenIWkevwest.com
Internet Division
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
marathonlWkevsnews.com .
Upper Keys Office
91731 Overseas Hwy
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepress@f1oridakeys.com
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida;
that the attached copy of advertisement, being a legal notice in the matter of
~ 1 dadifY\tMw
was published in said newspaper in the issue(s) of
I u7 L~ ;At1t/?
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding the
first publication of the attached copy of advertisement; and affiant further says
that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspap~
4JJ; f Affi
Ignature 0 lant
Sworn and subscribed before me this ~tJ day o~p~
Notary Public:
Marsha F. Kirkwood
PJ~ ?'. ~Cu/~
Expires: September 15,2013
"""!;""'" UJU~SHA F KIRKWOOD
"~l:~ ~''l. MIV1 .
f.7- . '~~ MY COMMISSION' DO 890880
~\ ~~J EXPIRES: September 15. 2013
..,~~.~,... 80nded Thru Notary Public Underwriters
Personally Known x Produced Identification
Type of Identification Produced
, 2009
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PUBLIC NOTICE
f Commissioners of Monroe County, ;, -
i Florida, intends to consider the
adoption of tke following County'. 1, _
ordinance: '1 • ' -
AN ORDINANCE OF THE ° .
' BOARD OF COUNTY I
COMMISSIONERS OF MONROE ' : .
• • COUNTY,FLORIDA,DELETING
• ! SECTION 23-82 OF THE '
•
' MONROE COUNTY CODE; ; 1
t• DELETING SECTION 23-85(e)
OF THE MONROE COUNTY S
I CODE;DELETING SECTION ,
t 23-88 OF THE MONROE ''' •
-. ', ,j COUNTY CODE;DELETING • ' 4 y
I SECTION 23-93 OF THE
I MONROE COUNTY CODE; i; , .
I AMENDING SECTION 23-102 OF . ' '
THE MONROE COUNTY CODE;
AMENDING SECTION 23-111 OF • • I -
' ; THE MONROE COUNTY CODE; '. v
PROVIDING FOR • " ,
SEVERABILITY;PROVIDING - I .. -
i FOR THE REPEAL OF ALL .
ORDINANCES INCONSISTENT 1
4 HEREWITH;PROVIDING-FOR ' ' a. t
i INCORPORATION INTOTHE ; I
MONROE COUNTY CODE OF j• i
ORDINANCES;AND PROVIDING • i• -
AN EFFECTIVE DATE. - '
i Pursuant to Section. 286.0105,, v
9
i Florida Statutes, notice is given * :
that if a person decided to appeal 7 ,
I .
i any decision made by the Board s
I with respect to any matter, , c r'
considered' at such hearings or
I meetings, he will need a record\of r 9
the proceedings,and that,for such r,' •
i purpose, he may need to ensure
I that a verbatim record of the
1 proceedings-is made,which`record
I includes the testimony and i,
evidence upon which the appeal is '
to be based. 1
i r;
, ADA ASSISTANCE: If you are a' a'
person with a disability who needs '
• special accommodations in order I "
,__ to participate in this proceeding,
please contact the County ?j
Administrator's Office; by phoning ' ;. -
' (305) 292-4441, between the ;I '
- hours of 8:30 a.m. - 5:00 p.m., no • aI . '
NOTICE OF INTENTION TO later than 2 working,days.prior to !'
`CONSIDER the scheduled'meeting;if you are . . 'I
• ADOPTION OF COUNTY hearing or voice impaired, call ,.
ORDINANCE "711".
1 i
Dated at Key West, Florida, this
- .. NOTICE IS HEREBY GIVEN TO 15th day of July,2009.
WHOM IT MAY CONCERN that , +
on August 19,2009 at 3:00 P.M., • DANNY L.KOLHAGE,
, or as soon thereafter as-may be Clerk of the Circuit Court , S;
heard, at the Murray'E. Nelson and ex officio Clerk of
Government and Cultural the Board of County '
Center,102050 Overseas Commissioners of Monroe _
I Highway,Mile Marker 102.5,'Key County,Florida _
Largo, Monroe County, Florida, July 19,2009 !
the Board of County . •
I
- I
' -
CHARLIE CRIST
Govemor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
September 11, 2009
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated September 8, 2009 and certified copy of Monroe County Ordinance No. 028-2009, which
was filed in this office on September 10, 2009.
Sincerely,
,D~ ~
'1\lfio
V'r-
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 · bttp:/ldlis.dos.state.t1.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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