Ordinance 024-2010 q
ORDINANCE NO. 024 -2010
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AMENDING
SECTION 23-76 OF THE MONROE COUNTY CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, an amendment of Section 23-76 of the Monroe County Code
(MCC) was previously approved by the Monroe County Board of County Commissioners
at its regularly scheduled May 2010 board meeting; and
WHEREAS, subsequent to the approval of the amendment the Monroe County
Tax Collector informed the County of problematic issues in implementing Section 23-76
as amended; and
WHEREAS, representatives from the Tax Collector's office met with
representatives of the County in order to address the issues raised and to redraft the
amendment to Section 23-76;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1. Sec. 23-76(a) is hereby amended to read as follows:
(a) All persons obtaining a business tax for the first time must complete the tax
form prepared by the county tax collector. All mobile businesses obtaining a
business tax for the first time must complete the tax form prepared by the
county tax collector and shall provide proof of either a current commercial
collection service agreement pursuant to Section 21-74(2) of the Monroe
County Code or a home occupation special use permit pursuant to Section
130-124 of the Monroe County Code. Thereafter, all mobile businesses
renewing a business tax must continue to submit proof of either a current
commercial collection service agreement pursuant to Section 21-74(2) of the
Monroe County Code or a home occupation special use permit pursuant to
Section 130-124 of the Monroe County Code along with the renewal fee. The
business tax will not be issued or renewed until proof of either a current
commercial collection service agreement or a home occupation special use
permit is provided. The business tax provided for in this chapter is for the
primary purpose of raising revenue. It is not a County permit to undertake any
business, profession, or occupation at a particular site. The tax collector shall,
on a monthly basis,provide the county planning department with a list of the
1
•
•
taxpayer who have paid and the addresses of their respective businesses,
professions, or occupations. If the tax is paid for a business, profession or
occupation at an address that the planning department concludes violates that
county's land development regulations or comprehensive plan, then the
county's code enforcement department may undertake whatever action it
deems proper to force a correction of that violation. A statement similar to this
subsection must appear on all business tax forms.
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of
this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If
this ordinance or any provision thereof shall be held to be inapplicable to any person,
property, or circumstances, such holding shall not affect its applicability to any other
person, property, or circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or part of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said
conflict.
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of
this Ordinance shall be included and incorporated in the code of Ordinances of the
County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to confirm to the uniform numbering system of the code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with
the Department of State as provided in section 125.66(2), Florida Statutes.
(REMAINDER OF PAGE LEFT BLANK)
2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21 s t day of July, 2010 0
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
4X.,.Qmmissioner Mario Di Gennaro
Y L. KOLHAGE, CLERK
Byti .� ��--� - _ .
Deputy Jerk
Yes
Yes
Yes
Yes
VP_Q
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
""Now
N)
c:)
�t merlon.
dwaft"
-raw"M
•
CD
_Z
AV r =k JL
:) A 0 tt
cl
0244
04
0 fit
S
cx
a
_0
804
ZI X
CD
0 co
CD
M a
CD
x A
(D
00
co
CD
CD d3
cx
CD
cd 0
CL
CD
C43
ca
CC) :CD
w P�* :
�I
6::•
1lq
0 Z)I. Lev,(.
?516
Z
U.
O
a
J
J
cr
c
0
R
�:i-
-i
C3
C7
Ir
-j
C3
C3
C3
0
C3
1'U
C!1
On
to M >
O • CL 't
o>30
iu
� CD
On 3.
��s�3
' 0�`�sv>
m a) = O.
O < 3
_.
O o
1.
M• O c
0 3 CD
GJ CC
w
CD
O 0
cn .<
O
Q
f �
■■■�
O
c
Q
m
;A'<
a
G
.J
❑ ❑
O
CD❑ ❑
R D
v a�
m
CHARLIE CRIST
Governor
August 31, 2010
STATE LIBRARY AND ARCHIVES OF FLORIDA
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamala G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
DAWN K. ROBERTS
Interim Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge Y
receipt of our
letter dated August 24, 2010, and certified copy of Monroe County Ordinance No. 024-2010, which was
filed in this office on August 30, 2010.
Sincerely,
•w
coo rn
rn
Liz Cloud
Program Administrator
.--q C3
LC/srd o t �- C�
f
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 • http://dlis.dos.state.fl.us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488.2812 9 FAX: 850.488.9879 850.245.6750 9 FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
b COUNTy
�-- \��c • , ..... co
�.iv .•• UM ": UrVLF •• G
U N
•o
F COUN11,
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Dear Ms. Cloud,
August 24, 2010
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
Via Certified Mail 70101670 0001 0244 7518
Enclosed please find a certified co of Ordinance •
of the copy ce No. 024-2010 amending Section 23-76
Monroe County Code; providingfor severa • ' '
Or b�ilty; providing for the repeal of all
Ordinances inconsistent herewith; providing for i p
p g incorporation into the Monroe Count Code of
Ordinances; and providing an effective date. y
This Ordinance was adopted by the Monroe Cou
nty Board of County Commissioners at a
Regular Meeting, held in formal session on July 21, 2010. 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: Public Works
County Attorney
File
" .
.‘ .
. .
. .
TheRep 2s.rter _„...0_.. cjakf-- z
P.O. Box 1197 • Tavernier, Florida 33070-1197 •
(305)852-3216 Fax: (305) 852-0199
appeal any decision made`by
PROOF OF PUBLICATION : the Board with respect to any
-' matter considered at such
hearings or meetings,he will
• - I need a record of the
STATE OF FLORIDA - , proceedings,and that,for such-,
COUNTY OF MONROE i purpose,he may need to
ensure that a verbatim record
of the proceedings is made, ;
Before the undersigned authority personally which record includes the .
appeared DAVID HAWKINS who on oath, says j tostimony and evidence which the upon ,
appeal is to beu
that he is DEPUTY EDITOR.of THE REPORTER, based. ,
a weekly newspaper entitled to publish legal ! ADA ASSISTANCE:If you are
advertising published at Tavernier, Monroe 'i apersbn with a disability Who . .
County, Florida: that the` attached copy of ' needs•special -
accommodations in order to
advertisement, being LEGAL NOTICE in said participate in this proceeding, ,
•
please contact the County
newspaper in the issue of: Administrator's Office,by
phoning'(305)292-4441,
June 25, 2010 between the hours;of 8:30 a.m.
-5:00 p.m.,no later than ten •
(10)calendar days prior to the
Affiant further says that THE REPORTER is a scheduled meeting;if you are
hearing-orvoice impaired,call
newspaper published at Tavernier, in said "711". .
Monroe County, Florida, and that the said ; Dated at Key West,Florida,this
-newspaper has' heretofore .been continuously ! 16th dayofJune,2010.
published in the, said Monroe County, Florida, DANNY L.KOLHAGE,
each week (on Friday), and has been entered aClerk of the y� s • l 'offic o Clerk of the d of
Circuit Court oar and ex
second class mail matter at the Post Office in — • - County Commissioners of• 1
Tavernier, in said County of.Monroe, Florida, for - Monroe County,Florida
AD
a period of one year next preceding the first #.3210600
Published f/25/10 •
publication of the attached copy of NO,TICEOFINTENTIONTO.' TheReporfe�
advertisement; and affiant further says that she COUNITYORDDIOPTIO OF .Tavernier,FI33070
NAChas neither paid nor promised any firm, person, • •
or corporation any discount,' rebate, NOTICEISIHEREBYGIVEN
TO WHOM IT MAY CONCERN
commission or refund for the purpose of that onJuly21,2010at3:00 ,
securing .this advertisement for publication in ._ P.M.,orassoonthereafteras
maybe heard,et the Harvey
the said newspaper and that The Reporter is in Government Center,1200
full compliance with Chapter 50 of the Florida ;•Truman Avenue,Key West,
State • Mo F Statutes on Legal and Official Board ofnroe County County, lorida,the • .
Advertisements. ' Commissioners of Monroe
County,Florida,intends to '
` * , 'considertheadoptionofthe •
following County ordinance: ' o - .-nl •
• ' AN ORDINANCE OF THE :IL:C-) C.—', .rr,1
BOARD OF COUNTY ;:z r.- c C7
• COMMISSIONERS OF . (.2)171..... r`
Sworn to and subscribed before me this 25th ' MONROE COUNTY 1'71:74:7 1 -r
day of June, 2010.
AMENDING SECTION 23-76 �,-' N CD
i OF THE MONROE COUNTY CD C-71- 70
CODE;PROVIDING FOR _y-7 C y, 7D
'.SEVERABILITY;PROVIDING I-rl
r FOR THE REPEAL OFALL '.' • C7
ORDINANCES ' -Li C2 O
INCONSISTENT HERWITH; e = %I7
'Nel
��` r=PROVIDING FOR Imo .�
N tary 140 ' ^1 6 -a l •' INCORPORATION INTO THE
®� ' MONROE COUNTY CODE OF
ORDINANCES;AND '
- , PROVIDING AN EFFECTIVE
MARGARET J..WHISENHUNT I DATE.
ase c% MY COMMISSION#D1)88196T P
,
EXPIRES:JUN22;2013 ursuanttoSection286.0105,
- ''o i
.. ' Florida Statutes notice is given ri, Bonded through 1st State Insurance .that if a person decides to j - -
- :ICONT/NUED IN THE NEXT COLUMN! I .
Government Center,1200
Truman Avenue,Key West,
F L O H I D A KEYS 1 Monroe County,Florida,the
w 1 (,1 F : Board of County
- -c `•r ( ,, ,i, ,.y} , 1 Commissioners of Monroe
=f ' ' ( ) t` 71 °,�, f=I L E D E O R RECORD - County,Florida,intends to
! '�ti z ; t ; -' llt consider the adoption of the
,•"w.?1 L .._ / a.i�... —' " Y following County ordinance:
Published Twice Weekly 2010 JUL 1`2 AM 10: 14
AN ORDINANCE OF .
Marathon, Monroe County, Florida ;BOARDO COUNTY THE •
DANNY L.1KOLHAGE ,COMMISSIONERS OF
Ct"y�Rk,� IR. I. IMONROECOUNTY.
PROOF OF PUBLICATION C COUNTY, 1OFTHE NGSECTION23-76
I''jO,dROE, COUN, 7, (-L OFTHE MONROE COUNTY
CODE;PROVIDING FOR
SEVERABILITY;PROVIDING
STATE OF FLORIDA FOR THE'REPEALOFALL
COUNTY OF MONROE ORDINANCES
INCONSISTENT HERWITH;
Before the undersigned authority person- PROVIDING FOR
ally appeared WAYNE MARKHAM who on OaR r ��� ! INCORPORATION INTO THE
MONROE COUNTY CODE OF
oath, says that he is PUBLISHER of the ORDINANCES;
ANDAN ECTIVE
FLORIDA KEYS KEYNOTER, . a twice
DATE. ,j
weekly newspaper published in Marathon, 1, Pursuantho Section 28s.o105,
in Monroe County, Florida: that the
y ! Florida Statutes,notice is given
attached copy of advertisement was { that if a'person decides to
published in said newspaper in the issues I appeal'any decision madeby
E the Board with respect to•any,
of: date(s) of publication) matterconsiderec)atsuch )
hearings or meetings,he will
/� peed a record of
%`-f/� proceedings,andnd that,for such
purpose,he may need to
ensure that a verbatim record
• of the proceedings is made;
which record includes the• testimony
Affiant further says that the said FLORIDA which the andp elistoceupon '
y which the appeal is to be
KEYS KEYNOTER is a newspaper published 1 based.
at Marathon, in said Monroe County, -• 1 ADAASSISTANCE:Ifyouare j---- -
Florida, and that the said newspaper has a person with a disability who
heretofore been continuously published in I needs special
1 accommodations in order to ,
said Monroe County, Florida, twice each participate in this proceeding, '
week (on Wednesday and Saturday) and ; please contact the County
i Administrator's Office,by
has been entered as a second class mail 1 phoning(305)292-4441,
matter at the post office in Marathon, in between the hours of8:30a.m. '
Monroe County, Florida, foraperiod of -s:oc calendar ter
pran ior
t
y (10)calendardayspriortothe ,
one year next preceding the first , scheduled meeting;if you are.
hearing or voice impaired,call i;
publication of the attached copy of ; �'711". -
advertisement. The affiant further says I Dated-at KeyWest,Florida,this
that he has neither paid nor promised any ; 16thdayofJune,2010. I
person, firm, or corporation any discount,
rebate, commission or refund for the DANNYL.KOLHAGE, • l
Clerk of the Circuit Court and ex; .
purpose of securing this advertisement for officio Clerk of the Boardof. ..;
publication in the said newspaper(s) and. No.3178000 County.Commissioners of
that The Florida Keys Keynoter is in full Monroe County,Florida I
NOTICE OF INTENTION TO 1
Publish June 26,2010.
compliance with Chapter 50 of the Florida CONSIDER ADOPTION OF Florida Keys Keynoter,
State Statutes on Legal and Official COUNTY ORDINANCE
Advertisements. NOTICE IS HEREBY GIVEN.
TO WHOM IT MAY CONCERN
- that on July 21;2010 at 3:00
• P.M.,or as soon thereafter as .
/ may be heard,at the Harvey
Swor o�� d s ribed before me 'CONTINUED IN THE NEXT COLUMN
thi 6 .►ay , 2010,
(SEAL) .
/ l � ,..........,••, BEVERLY TRAEGER
��,'t� / * �% MY COMMISSION#DD969749
4:may P� EXPIRES.April 18,2014
Notary •;pf�� Bonged Thru Notary Public Underwriters
KEV i'•DWEST
��_� STATE OF FLORIDA
1��1 ITIZEN
The Fforkla Keys Only DAY Annespapen Est.1876 COUNTY OF MONROE •
Cooke Communications, LLC
Florida Keys •
Before the undersigned authority personally appeared Randy G: Erickson,
Marsha F. Kirkwood who on oath says that he is Vice-President of Advertising Operations of the
Advertising Coordinator
Key West Citizen, a daily newspaper published in Key West, in Monroe
PO Box 1800 County, Florida; that the attached copy Of advertisement; being a legal notice..
Key West Fl 33041 in the matter of
Office....305-292-7777
Extension x219 notice,' 1,4 0-te.:„ v
Fax 305-295-8025
legalsa kevsnews,com � J
INTERNET PUBLISHING
� . . . . . . .
keywest.com was published ublished in said newspaper er in the issue(s) of
keysnews:com p
floridakeys.corn
Webkey-wees.gn 17 7 2_1/)
Design Services ��` � d� . �f
NEWSPAPERS Affiant further says that the Key West Citizen is a newspaper published in
The Citizen Key West, in said Monroe County, :Florida:and'that the said newspaper has
Southernmost Flyer heretofore been continuouslypublished in said Monroe County, Florida every Solares Hill
Big Pine Free Press day, and has been entered as second-class mail matter at the post office in Key
Marathon Free Press West, in said Monroe County, Florida, for a period of 1 year next preceding
Islamorada Free Preis
Key Largo Free Press . the first publication of the attached copy of advertisement;.and affiant further
MARKETING SERVICES says that he has neither paid nor promised any person; firm or corporation any
Commercial Printing. discount, rebate, commission or refund for .the purpose of securing_ this
Citizen Locals card advertisement for the said publication
in id newspaper:
Direct Mail p
FLORIDA KEYS OFFICES
Printing!Main Facility
3420 Northside Drive
Key West, F L •Si nature of Affiant
33040-1800 g
Tel 305-292-7777
Fax 305-294-0768
citizen(a.kevwest.com
Sworn and subscribed before me this. ;'day of' . �ti/yt� 2010
Internet Division
33040-3328 . .
Tel 305-292-1880
Fax 305-294-1699 Notary Public: 1i�ti++n c,lF"'4`,rr�fj
sales@keywest.com + 1i,f!;.,35 nI.rr 3:3083o
Marsha F. Kirkwood untle
Tti;,!�,,. r,b4c :�,,;tors
Middle Keys Office :_
6363 Overseas Hwy 0 j
Marathon,.FL (MM 52.5) % � te `-( 161
33050-3342
Tel 305-743=8766
Fax 305-743-9977
marathon(a).kevsnews.corn Expires: September 15, 2013 .Notary.Seal
Upper Keys Office
91731 Overseas Hwy
Tavernier, FL 33070
Tel 305-853-7277 Personally Known x ' Produced Identification
Fax
freepress@floridakeys.com Type of Identification Produced
•
NOTICE OF INTENTION TO �c-•'
CONSIDER •
ADOPTION OF
' COUNTY ORDINANCE
•
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
, on July 21,2010 at 3:00 P.M., or
as soon thereafter as may be
heard,at the Harvey
i Government Center,1200
i Truman Avenue, Key West,
Monroe County, Florida, the
Board of County Commissioners,
of Monroe County, Florida, intends
. ' to consider the adoption of the
' following County ordinance:
AN ORDINANCE OF THE
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY AMENDING SECTION
23-76 OF THE MONROE
COUNTY CODE;PROVIDING
FOR SEVERABILITY;
PROVIDING FOR THE REPEAL I •
OF ALL ORDINANCES
INCONSISTENT HERWITH;
PROVIDING FOR
INCORPORATION INTO THE
MONROE COUNTY CODE OF
ORDINANCES;AND PROVIDING
AN EFFECTIVE DATE.
I '
I '
Pursuant to Section 286.0105,
I Florida Statutes, notice is given
that if a person decides to appeal
any decision made by the Board o -s i
with respect to any matter .-'
considered at such hearings or rn
meetings, he will need a record of
JYi �
the proceedings,and that,for such i yy P1_‹
purpose, he may need to ensure' ;� O
that a verbatim record of the W
proceedings is made,which record,
includes the testimony and =j �'
rn
evidence upon which the appeal is ',to be based. p
ADA ASSISTANCE: If you are a _- P
person with a disability who needs
special accommodations in order
to participate in this proceeding,
please contact the County
Administrator's Office, by phoning'
(305) 292-4441, ,between the
hours of 8:30 a.m. -5:00 p.m., no
later than ten (10) calendar days
,prior to the scheduled meeting; if
you are hearing or voice impaired,
call"711".
Dated at Key West, Florida, this
16th day of June,2010.
DANNY L.KOLHAGE,
Clerk of the Circuit Court
and ex officio
Clerk of the Board of County
Commissioners of
Monroe County,Florida
' June 27,2010