Ordinance 018-2011 ORDINANCE NO. 018 - 2011
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, 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 meeting; 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. 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. 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 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County., Florida, at a regular meeting of said Board held on the 19 day of October, 2011.
Mayor Heather Carruthers Yes
Mayor Pro Tem David Rice Yes
Commissioner Kim Wigington Yes
Commissioner George Neugent Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
(SEAL) OF MONROE COUNTY, FLORIDA
'AItestr DANNY L. KOLHAGE, CLERK
By:DCLI
Deputy Clerk Mayor /Chairperson
N
M C NTY A • E
OV AS TO O -
ANT COUNTY •TTORNEY
Date I 7_,-7/1/
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
J •-b4• PLANTATION KEY
500 WHITEHEAD STREET, SUITE 101 � .• : o
, 5 < E • GOVERNMENT CENTER
Q .
KEY WEST, FLORIDA 33040 � , P a
• TEL. (305) 294 -4641 * . :4( 88820 OVERSEAS HIGHWAY
FAX 295 -3663 / a : III P PLANTATION KEY, FLORIDA 33070
( ) � � ° TEL. (305) 852 -7145
R o
BRANCH OFFICE: `' OUN ■∎•• FAx (305) 852 -7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070
FAx (305) 289 -1745 www.clerk -of- the- court.com TEL. (305) 852 -7145
FAx (305) 853 -7440
November 2, 2011
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 7853
Dear Ms. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 018 -2011 amending Section 23 -76 of the Monroe County Code to repeal
the prerequisites for mobile traveling junk dealers; Providing for severability; Providing for the
repeal of all Ordinances inconsistent herewith; Providing for severability; Providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective date.
Ordinance No. 019 -2011 amending Section 110 -73 of the Monroe County Land
Development Code, to further explain when a minor deviation application, a major deviation
application or an amendment application is required to modify development approved by a
conditional use permit.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on October 19, 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: Isabel C. DeSantis, D.C.
cc: County Attorney via e -mail
Growth Management via e-mail
Tax Collector via e-mail
Finance via e-mail
File
U.S. Postal Service,,
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Program Administrator
Administrative Code and Weekly
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i 500 South Bronough Street
Tallahassee, Florida 32399 -0250 '' 3. se cerype
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r� J' STATE OF FLORIDA
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
Iegalsakevsnews,com / J4 / c Q Of I? 4 , -1 Con sidt;'1-
INTERNET PUBLISHING
keywest.com A cid! 16 Y `� Y1 Of ord r IV h O - C)
keysnews.com JJ
floridakeys.com
key - west.com was published in said newspaper in the issue(s) of
Web Design Services
NEWSPAPERS 9 idg /it
The Citizen
Southernmost Flyer Affiant further says that the Key West Citizen is a newspaper published in
Solares 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 Main Facility 't: 3420 Nort hside Drive I/1 Key West, FL
33040 -1800 / Tel 305 292 -7777 A— . � —
Fax 305 -294 -0768 Signature of Affiant
citizenakevwest.com
Internet Division
33040 -3328 Sworn and subscribed before me this 0 IS day of „Spi , 2011
Tel 305 - 292 -1880 `\ ���® 11 1111 111i1����
Fax 305 - 294 -1699 ��� v LE CLeo �i
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sales @keywest.com \:� .��ti • • 1$51 � N • :70 4
Notary Public: p • ; 9` : , d t A 4, a ' ° ��F • �
Mid Keys Office -. " 'T ' `
6363 Overseas Hwy * *
Marathon, FL (MM 52 . 5 ) Danielle C legho rn = °% ,, E.A59 , ,
33050 -3342 •' P
Tel 305 - 743 -8766 � ▪ 9 a •a • ° ; ° �9� 1s 4Q
mara - a� - , `,e p9, / , C It a\\``
Upper Keys Office Expires: December 14, 2014 Notary Seal
91731 Overseas Hwy
Tavernier, FL 33070
Tel 305 - 853 -7277
Fax 305 - 853 -0556
freepress @floridakeys.com Personally Known x Produced Identification
Type of Identification Produced
NOTICE OF INTENTION TO
CONSILER
ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on October 1� 2011 at 3 :00 P.M.,
or as soon thereafter as may be
heard, at the Harvey
Government Center, 1200
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 OFTHE
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY AMENDING SECTION
23 -76 OFTHE 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.
'ursuant to Section 286.0105,
orida Statutes, notice is given
at if a person decides to appeal
y decision made by the Board
with respect to any matter consid-
ered at such hearings or
meetings, he will need a record of
the pro - ceedings, and that, for
such pur -pose, he may need to ra
ensure that a verbatim record of
the proceed -ings is made, which
record in- cludes the testimony and
evidence upon which the appeal is
to be based.
ADA ASSISTANCE: If you are a ?�
person with a disability who
needs special accommodations ` 3
in order to participate in this
proceeding, please contact the N J
County Administrator's Office,
by phoning (305) 292 -4441,
between the hours of 8 :30 a.m. -
5:00 p.m., no later than five (5)
calendar days prior to the
scheduled meeting; if you are
hearing or voice impaired, call
"711".
Dated at Key West, Florida, this
21st day of September, 2011.
DANNY L. KOLHAGE, Clerk of the
Circuit and ex officio Clerk of the
ommissioners
September 28, 2011
FLORIDA KEYS Er Ad#4097300
l / 7 i -z � , }— Inv
i _ € r 0 . , NOTICE OF INTENTION TO
' i ' i i / t t t t , CONSIDER ADOPTION OF. I'
_ ___._�__ `�.__ % L_i r...._'.._._ . L COUNTY ORDINANCE _
Published Twice Weekly -
•
Marathon, Monroe County, Florida NOTICE IS HEREBY GIVEN i -
_TO WHOM IT MAY CONCERN
,-that on October 19,2011 at '
PROOF OF PUBLICATION
3:00 P.M.,or as soon
thereafter as may be heard,. !,
, atthe Harvey Government
Center;1200 Truman -
STATE OF FLORIDA , Avenue,Key west,Monroe
County,Florida,the Board ofs•
COUNTY OF MONROE County Commissiohers of I -
Before the undersigned authority person- Monroe County,Florida, ,
intends to consider the
ally appeared WAYNE MARKHAM who on adoption of the following
oath, says that he is PUBLISHER of the County ordinance:
FLORIDA KEYS KEYNOTER,: a ' twice . I •AN ORDINANCE OF.THE
weekly newspaper published in Marathon, BOARD OF COUNTY
COMMISSIONERS OF
in Monroe- County, - Florida:-that the AvioNROELCOUNTY__ _ _. . __
attached copy of advertisement was AMENDING SECTION 23-76OF THE MONROE'COUNTY
published in said newspaper in the issues CODE;PROVIDING FOR DI v�•U/�
of: (date(s) of publication) :. ' SEVERABILITY;PROVIDING
FOR THE REPEAL OF ALL '
-do -i-)f./,A e > Z2, D f/ ORDINANCES
INCONSISTENT HEREWITH;
PROVIDING FOR •
INCORPORATION INTO THE
' MONROE COUNTY CODE OF
ORDINANCES;AND,
' PROVIDING AN EFFECTIVE,
Affiant further says that the said FLORIDA DATE: '
KEYS KEYNOTER is a newspaper published Pursuant to Section 286.0105,: .
at Marathon, in said Monroe County, : Florida Statutes,,notice is given
Florida, and that the said newspaper er has that if a person decides to
p appeal any decision made by
heretofore been continuously published in the Board with respect to,any ,
said Monroe County, Florida, twice each matter considered at such -
hearings or meetings,he will
week (on Wednesday and Saturday) and I need arecord:ofthe
has been entered as 'a second class mail prgceedings,and that,for such
purpose,he may need to
matter at the post office in Marathon, in , ensure that a verbatim record:
Monroe County, Florida, for a period of of the proceedings is made,- Iv —,,
Which record includes the y a •
one year next preceding the first ` testimony and evidenceupon , - ., 1= .
publication of the attached copy of ; which the appeal is to be , I ^,y.^,- 171
advertisement. The affiant further says based. ,.r, c �•
that he has neither paid nor promised any ADAASSISTAN a person with a disability _ c7�ASSISTANCE:If _. -' .
.�
person, firm, or corporation any discount, , who needs special __
rebate, commission or refund for the t accomknodationsin order,to =,. : —o :J
• participate in this i -y;__�'__ rti
purpose of securing this advertisement for proceeding,please contact _.,.i Y, i3 n
publication in the said newspaper(s) and , the County Administrator's CD
that The Florida Keys Keynoter is in full ' Office,byphoning(305) Fri c=:. o
292-4441,between the hours : N
compliance with Chapter 50 of the Florida of8:30a.m.-500p.m.,no
State Statutes on Legal and Official later thai,five(5)calendar
e days prior to the scheduled,
Advertisements. meeting;ifyou'are hearing or
voice impaired,Cali"711". !
Dated at Key West,Florida,this
21 st day of September,'2011.
Swor. to anc) u s !bed before me DANNYL.KOLHAGE, •
this Dal o e0z---- , 2011 ' Clerk If the Circuit Couri _
(SEAL) -and ex officib Clerk of the Board
of County Commissioners of ,. .
Monroe County,Florida
(SEAL)
Notary ��Y'eyg•.,; BEVERLYTRAEGER. Publish September28,2011'
:' '1•• MY COMMISSION#DD969749 ! Florida Keys Keynoter' •
,4.-1..iI, EXPIRES:April 18,2014 ___
'; Pf F.i` Bonded The Notary Public Underwriters
f ro`
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES
Governor KURT S.
BROWNING
Secretary of State
November 8, 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:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated November 2, 2011 and certified copies of Monroe County Ordinance Nos. 018 -2011 and 019 -2011,
which were filed in this office on November 7, 2011.
Sincerely,
c c Q
"T
Liz Clou
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-
0250
Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov
VIVA FLORIDA SOO. Commemorating 500 years of Florida history www.fla500.com
VIVA FLORIDA 500.
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