Ordinance 009-2011ORDINANCE NO. 009 - 2011
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 23 -76, 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, amendments of Section 23 -76 of the Monroe County Code (MCC) have
been previously approved by the Monroe County Board of County Commissioners at its
regularly scheduled May 2010 and July 2010 Board meetings; and
WHEREAS, subsequent to the approval of the amendments, 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. Section 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 traveling junk dealer businesses
operating in unincorporated Monroe County obtaining a business tax for the first
time must complete the tax form prepared by the county tax collector and shall
provide proof of a current commercial collection service agreement pursuant to
section 21 -74(2) of the Monroe County Code. Thereafter, all mobile traveling
junk dealer businesses operating in unincorporated Monroe County renewing a
business tax must continue to submit proof of a current commercial collection
service agreement pursuant to Section 21 -74(2) of the Monroe County Code along
with the renewal fee. The business tax will not be issued or renewed until proof
of a current commercial collection service agreement 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 taxpayers 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 conform 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15` day of June, 2011.
Mayor Heather Carruthers
Yes
Mayor Pro Tem David Rice
Yes
Commissioner Kim Wigington
Yes
Commissioner George Neugent
Yes
�missioner Sylvia Murphy
Yes
L. KOLHAGE, Clerk
Deputy Clerk
BOARD OF COUNTY COMISSIONERS
OF MONROE C qVN
By:
M or/ person
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The a orb r • . •
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P.O. Box 1197 • Tavernier, Florida 33070-1197
(305)852-3216 Fax:.(305)852-0199 —0--. _ ^'
MONROE COUNTY CODE OF
PROOF OF PUBLICATION OFORANRDINANCES;EFFECTIVE DPROVIATEDING
.
Pursuant to Section 286.0105, .
STATE OF FLORIDA 'Florida Statutes,notice is given
that if a person decides to
. COUNTY OF MONROE - appeal any decision madeby
the Board with respect to any •
matter considered at such .
Before the undersigned authority personally hearings or meetings,he will
appeared DAVID GOODHUE who on oath, Says need a record of the ._ . .
proceedings,and that,for such "
that he is EDITOR of THE.REPORTER; a weekly purpose,he may need to- 1
newspaper entitled to publish legal advertising ensure th"ata verbatim record•
of the proceedings is made,,
published at Tavernier, Monroe County, Florida: which record includes the
that the_ attached copy _of_aCdve.rtiSelllent,_being_ -- -- ---- Which-the appeal-isle be•testimony and evidence.upon •
_�
LEGAL NOTICE in said newspaper in the issue, based.
of: -
. 5/27/11 tADA ASSISTANCE:If you are .
a person with a disability
who needs special
•
• Affiant further says that THE REPORTER is a •
accommodations inorrJerto
y participate in this'
newspaper published at Tavernier, in ' Said. . , proceeding,please contact '
' the County Administra or's
Monroe County, Florida, and that the said Office,by phoning( ) , - • .
newspaper has heretofore been continuously of
a.m.-5:00 p.m.,no 41,between the hours.
of 8:30
published in the said, Monroe.County;" Florida, lafer than five(5).cafendai• '. •
each week (on Friday), and ha ..been.entered as days prior to the scheduled
second class mail matter at the Post Office in meeting;if you"are hearing or,
voice impaired,call"711". •
Tavernier, in said County of Monroe, Florida, for Dated at Key West,Florid'a,this
a period of one year next preceding the first ,18th day of May,2011.
publication of the attached copy of •
DANNYL.KOLHAGE,Clerkof
advertisement; and affiant further says that she the Circuit courtandexofficio .
has neither paid nor promised any firm, person, • Clerk of the Board of County:
or corporation any discount, rebate, ' Commissioners of Monroe
commission or refund . for the purpose of • county,Florida
NO.1556600 '
securing this advertisement for publication in Publish 5/27/11 ,
the said newspaper and that The Reporter is in NOTICE OF INTENTION TO : The Reporter
CONSIDER ADOPTION OF Tavernier FL 33070
full compliance with Chap- 0 of t' - Florida._ COUNTY ORDINANCE . " ---
State Statutes on •al -d Official -
• ` NOTICE IS HEREBY GIVEN"
Advertisements. v ', TO WHOM IT MAY'CONCERN
•
that on June 15 at 3:00 P.M.,
or as soon thereafter as may • •
be heard,at the Marathon .
Government Center,2798'
Overseas Highway, " -— ,_.r' ''�,, --r
Marathon;Monroe County, C_} .i..
Sworn to a- • subscribed before me this ,Florida,the Board.of County a_(•)f,..
Commissioners of Monroe --'; -
':27th day of May, 2011. 'county,Florida;intends to _ - '
consider the adoption of the . r- -_ _ i v -rl
. following County r ordinance: J- " CD
, AN ORDINANCE OF THE =- : -
( BOARD OF COUNTY . _
{ �+ 'RAJ - COMMISSIONERS OF ;^ -
Notar MONROE COUNTY,' _ c3 O
I a� 1 ) ( 'FLORIDA AMENDING _ rq ("0
"
( IJ SECTION 23-76 OF THE N
MONROE COUNTY CODE;
PROVIDING FOR
SEVERABILITY;PROVIDING •
_ ;FOR THE REPEAL OF ALL ,
MARGARET J.WHISENHUNT ORDINANCES •
=o �'•`•'�,, MY COMMISSION#DD881967 �INCONSISTENT HEREWITH;
PROVIDING FOR
EXPIRES:JUN 22,2013 •INCORPORATION INTO THE
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STATE OF FLORIDA _I� _ ------- ---
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COUNTY OF MONROE 5 c ••.' @ w Z -i
•Before the undersigned authority person- ° 0000o-o -0 N . 1
ally appeared WAYNE MARKHAM who on t N o E E, o w 0 .o:
oath, says that he is PUBLISHER of the .z w c A N Y, -c'H y a IQ I
FLORIDA KEYS KEYNOTER, 'a twice CD o m m>- c cp c- a al a°.1 t
weekly newspaper published in Marathon, EP. rri E c a t'w y 10`2
oQ,a�.. mcom. y'3 �� m
oo smoo --
in Monroe County, Florida: ' that the mm 6- o cz v_� as `
attached copy of advertisement was ! . 8 o �.' Era " a 2 = E•�?
published in said newspaper in the issues 0 0 ° __- NL c c o o g�c
.c c n.n.m o 3 m �a a co 3 al oV-
of: (date(s) of publication)
7?11 A /v 0 7/ , = o 0 to-g t
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Affiant.further says that the said FLORIDA co z-zowzw ° e- >: =w
KEYS KEYNOTER is a newspaper published gI a rn o a°a z. • � n.2 0
at Marathon, in said Monroe County, f w~Z000zoa �� 1m iuz
Florida, and that the said newspaper has cwn°o?a?2o° ar°-c-�w Ec
heretofore been continuously published in
said Monroe County, Florida, twice each
o c '
week (on Wednesday and Saturday). and , o oO w U tlt
(04- C _ - -wo° a
has been entered as a second class mail �c�o 0 c 5 LL O z LL o- -1
matter at the post office in Marathon, in Cl ov o.4 Q`o wgWliz°lirZ
Monroe County, Florida, 'fora period of m oo m �.��L z v z o,,,,_,
one year next precedingthe first ±2 o F.oLU ZLLNUaNV0O - _ ��
publication of the attached copy of t dr R N , c wresOQoo.°>; f-�� .
advertisement. The affiant further says 4 > c E ck oa0Z°L)ZO� _ ;=0r--- .p _ r-i
> ro o o p 0._ zm00u-wOtYo : :'Fri.." o •p
that he. has neither paid nor promised any o2LL�rJ �. amr,�LLrn�a� -
-
person, firm, or corporation any discount, - t_ ;.:- N
rebate, commission or refund. for the oo• ww E 5� ? , _ ' CD :
purpose of securing this advertisement for _ , z z w >"Z a o w�N ,,,:
publication in the said newspaper(s) and °pz wog iv e� .
I zOZ ma R a))� c W i ._1..' rJ
that The Florida Keys Keynoter- is in full W w. n
compliance with Chapter 50 of the Florida , I • o ,.zQW _I--r« z N
State Statutes on Legal and Official o w° -cn o ; o$E W
Advertisements. I o w re w 4 o L E a .
�, Vyz cixcu) caI 2
E-ZM i= °'AL > i
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Swore to and,�ubsc !bed before me
this Da of N , 2011
(SEAL) . _ ...
o,V*rP.t, BEVERLY TRAEGER
�+ � , ,!� ,�r_ MY COMMISSION#DD 969749
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'v `i pF•,,,, Bonded Thru Notary Public Undemiters
Notary m.,._.
f Ig • KEY 'WEST • STATE.OF-FLORIDA
rn.Rorida Keys Cray Daily Newspaper,Est.18,o COUNTY OF MONROE
Cooke Communications,LLC
Florida Keys
Before the undersigned authority personally appeared Randy G. Erickson,
Danielle Cleghorn -Who on oath says that he is Vice-President of Operations of the Key West
PO Box 1800
Key West Fl 33041 Citizen, a daily newspaper published in Key West, in Monroe County,
Office....305-292-7777 Florida; that the attached copy of advertisement, being a legal notice in the
Extension x219 matter of
Fax 305-295-8025
Iecials(a�kevsnews,com 4dp /iô'vv C[i� l® J,f ' k-
INTERNET PUBLISHING
keywest.com
keysnews.com _ _ -
floridakeys.com
__ _ key-west.com was published in said newspaper in the.issue(s) of
Web Design Services -
NEWSPAPERS
The Citizen
Southernmost Flyer Affiant further says.that the Key West Citizen is a newspaper published in
soiares Hill Key West, in said Monroe County, Florida and that the said newspaper has
• Big Pine Free Press •
Marathon Free Press heretofore been continuously published in said Monroe County, Florida every
- Islamorada Free Press day, and has been entered as second-class mail matter at the post office in Key
Key Largo Free Press
West, in said'Monroe County, Florida, for a period of 1 year next preceding
MARKETING SERVICES the first publication of the attached copy of advertisement; and affiant further
Commercial Printing '
• Citizen Locals Card says that he has neither paid nor promised any person, firm or corporation any
Direct Mail ,discount, rebate, commission or refund for the purpose of securing this.
• FLORIDA KEYS OFFICES advertisement for publication in the said newspaper.
Printing l Main Facility
3420 Northside Drive
Key West, FL
33040-1800 •
• Tel 305-292-7777
Fax 305-294-0768 Signature of Affiant
citizen(a,kevwest.com
. .Internet Division 1
33040-3328 Sworn and subscribed before me this ,day of= , 2011-
Tel 305-292-1880
•
Fax 305-294-1699 % alllinitiosi,�
• sales@keywest.com `\.o'+��,_C Cce,,4/,���
Notary Public: er�'.•og,Missiov . o)
Middle Keys Office O •kt, 14,204' 2
6363 Overseas Hwy 9 _
Marathon,FL (MM 52.5) Danielle leghorn =* ®®� m *_
33050-3342 i y #EE48921 S. Q g.
-
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el .com p8T0 •j�� C, )
• -1HtdgiII11&
Upper Keys Office 1 •Expires: December 14, 2014 � ZiNotary Seal o
91731 Overseas Hwy I
Tavernier, FL 33070
Tel '305-853 7277 ---`--:-� 0
Fax 305-853-0556 • • • •' =' -
freepress@floridakeys.com - -
Personally Known x Produced Identification :—` r m
• Type of Identification Produced r,-' ' o
r o
NOTICE OF INTENTION TO
CONSIDER
ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO •
WHOM IT MAY CONCERN that
{ on June 15 at 3:00 P.M., or,as
soon thereafter as may be
heard,at the Marathon
Government Center,2798
Overseas Highway, Marathon,
Monroe County,Florida,the
Board of County Commissioners
of Monroe County, Florida,intends
to consider the adoption of the
• I following County ordinance:
AN ORDINANCE OF THE
BOARD OF COUNTY
COMMISSIONERS OF MONROE
I COUNTY,FLORIDA AMENDING
SECTION 23-76 OF THE '
1 MONROE COUNTY CODE; i
PROVIDING FOR I
SEVERABILITY;PROVIDING
FOR THE REPEAL OF ALL 1. .,
ORDINANCES INCONSISTENT s
HEREWITH;PROVIDING FOR
INCORPORATION INTO THE
MONROE COUNTY CODE OF
o ORDINANCES;PROVIDING FOR
AN EFFECTIVE DATE. I -
Pursuant to Section 286.0105, I
Florida Statutes,notice is given i
that if a person decides to appeal
any decision made by the Board -
p with respect to any matter
considered at such hearings or
I meetings,he will need a record of -
I the proceedings,and that,for such
purpose,he may need to ensure •
that a verbatim record of the I
I proceedings is made,, which
record
includes the testimony and
evidence upon which the appeal is ;
to be based. -
— — ADA ASSISTANCE:If you are a I
I person with a disability who I '
needs special accommodations -
in order to participate in this
proceeding, please contact the
County Administrator's Office,
E by phoning(305)292-4441,
l between the hours of 8:30 a.m.
5;00 p.m., no later than five (5) •
1,calendar days prior to the
scheduled meeting; if you are •
hearing or voice impaired, call
Dated at Key West, Florida, this
18th day of May,2011. I
DANNY L.KOLHAGE, I
Clerk of the Circuit Court
and ex officio,Clerk of the
I Board of County Commissioners'
k of Monroe County,FloridaL '
May 27,_2011
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
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
June 24, 2011
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852 -7146
ROTH BUILDING
50 HI GH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853 -7440
Via Certified Mail 70101670 0001 0244 7594
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 009 -2011 amending Section 23 -76
of the County Code to clarify the business tax pre- requisites for mobile traveling junk dealers;
Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code of Ordinances; and Providing for an
effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on June 15, 2011. 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.
OOUNrk
�t e .... 0
• o • : 6P �
U N'
oe cour+Ty, f�o�
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
cc: Municipal Code via e-mail
County Attorney via e -mail
Tax Collector
File
Page 1 of 1
Pam Hancock
From: <ords @municode.com>
To: <phancock @monroe- clerk.com >; <grimsley- susan @monroecounty - fl.gov>
Sent: Monday, June 27, 2011 7:35 AM
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 6 Update 3
* ** *THIS IS AN AUTOMATICALLY GENERATED EMAIL * * **
Below, you will find the material that we have received /recorded to your account. This material is being
considered for inclusion in your next /current update, Supplement 6 Update 3
Document
Adopted Date
Recorded
Recorded Format
Ordinance No. 009 -2011
6/15/2011
6/27/2011
Hard Copy /Electronic
LJ
Update the internet version of your Code
more often than a printed supplement.
We can update the Internet quarterly, monthly,
even weekly.
We can post newly enacted ordinances
in the online Code after each meeting.
6/28/2011
i
s
■ Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Ns. Liz Cloud, Program Adminis
Administrative Code & Weekly
R.A. Grey Building
500 S Bror_ough Street
A. Signature
❑ Agent
X DEPT- OF�TI ❑ Addressee
B. Received by (Printed Name) Date of Delivery
D. Is delivery address different from item 19 ❑ Yes
If YES, enter delivery address below: ❑ No
ator
Tallahascce TL 32399 - -0250 3 Type
Xh Certified Mail ❑ Express Mail
Ordinance No. 009 -2011 ❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery/? (Extra Fee) ❑ Yw
2. Article Number 7 010 1670 0001 0 2 4 4 7594
(rmnsfe►-from service kW
PS Form 3811 February 2004 Domestic Returnr I011'scaipt i
RICK SCOTT
Governor
July 14, 2011
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
KURT S. BROWNING
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 24, 2011 and certified copy of Monroe County Ordinance No. 009 -2011, which was
filed in this office on July 13, 2011.
Sincerely, ((ll ��
ULU
Liz Cloud
Program Administrator
- � o
LC /vm r
oa o
♦• Q
CD
DIRECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
850.245.6600 • FAX: 850.245.6282 • TDD:850.922.4085 • http: / /info.tlorida.gov
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
CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282
DIVISION OF LIBRARY AND INFORMATION SERVICES