Ordinance 004-1998
ORDINANCE NO. 0041998
Mayor Jack London
AN ORDINANCE PROVIDING FOR DEFINITIONS; PROVIDING FOR THE EXEMPTION OF
THE ASSESSED VALUE OF CERTAIN IMPROVEMENTS MADE AFTER THE EFFECTIVE DATE
OF THIS ORDINANCE TO PROPERTIES THAT ARE DESIGNATED ARCHAEOLOGICAL.
HISTORICAL OR CULTURAL LANDMARKS UNDER CHAPTER 9.5. ARTICLE VIII. MONROE
COUNTY CODE. FROM MONROE COUNTY AD VALOREM TAXATION; PROVIDING FOR
AN APPLICATION FEE; PROVIDING FOR THE EXEMPTION 100 PERCENT OF THE VALUE
OF HISTORIC PROPERTIES OPEN TO PUBLIC VISITATION IF CERTAIN IMPROVEMENTS
ARE MADE AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR AN
APPLICATION PROCEDURE FOR SUCH AD VALOREM TAX EXEMPTIONS; PROVIDING
FOR REVIEW OF SUCH APPLICATIONS BY THE DIVISION OF HISTORICAL RESOURCES.
DEPARTMENT OF STATE; PROVIDING THE STANDARDS AND PROCEDURE FOR
RECOMMENDATIONS FROM THAT DIVISION TO THE BOARD OF COUNTY
COMMISSIONERS; PROVIDING PROCEDURES AND STANDARDS WHEREBY THE BOARD
MAY GRANT OR DENY AN APPLICATION FOR SUCH AD VALOREM TAX EXEMPTIONS;
PROVIDING FOR STANDARDS AND PROCEDURES WHEREBY THE BOARD MAY REVOKE
AN AD VALOREM TAX EXEMPTION PREVIOUSLY GRANTED; PROVIDING THAT BOARD
RESOLUTIONS GRANTING OR REVOKING SUCH AD VALOREM TAX EXEMPTIONS BE
FURNISHED TO THE TAX COLLECTOR; PROVIDING THAT THE PROCEDURES OF THIS
ORDINANCE DO NOT SUPERSEDE ANY COUNTY LAND DEVElOPMENT REGULATIONS
OR COUNTY ORDINANCES REGULATING CONSTRUCTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
FLORIDA. as follows:
Section 1.
Definitions.
State.
Division means the Division of Historical Resources of the Florida Department of
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b.) Historic property means a building, site, structure or object ~ is- d~n*d
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as an archeological. historical or cultural landmark under Chap. 9.5, Art. VIII. Mon~~u~ C~e
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Improvements mean changes in the condition of real property brought about
a.)
(M.C.C.).
c.)
by the expenditure of labor or money for the restoration, renovation or rehabilitation of historic
properties. Improvements include additions and accessory structures (e.g., a garage) necessary for
efficient contemporary use.
d.) Foundation means the Historic Florida Keys Foundation.
.
e.) Renovation or rehabilitation. For historic properties, or the portion(s) of those
properties that have historical or cultural significance, renovation or rehabilitation means the act or
process of returning a property to a state of utility through repair or alteration that makes possible an
efficient contemporary use while preserving those portions or features of the property that are
significant to its historical, architectural, cultural and archeological values. For historic properties, or
the historic portions of such properties that are of archeological significance or that are severely
deteriorated, renovation or rehabilitation means the act or process of applying measures designed
to sustain and protect the existing form and integrity of a property, or re-establish the stability of an
unsafe or deteriorated property while maintaining the essential form of the property as it presently
exists.
f.) Restoration means the act or process of accurately recovering the form and
details of a historic property and setting as it appeared at a particular period of time by means of
the removal of later work or by the replacement of missing earlier work.
Section 2.
Ad valorem tax exemption authorized for improvements to historic properties.
The Board of County Commissioners may grant an ad valorem tax exemption of 100 percent
of the assessed value of all improvements that result from the restoration, renovation, or rehabilitation
of such properties, after the Board's receipt of a recommendation from the Division as provided
elsewhere in this Ordinance. The exemption only applies to real property and only to taxes levied by
the Board of County Commissioners. The exemption does not apply to any taxes levied for the
payment of bonds or to taxes authorized by a vote of the electors pursuant to Sec. 9(b) or Sec. 12,
Art. VII, Fla. Cons't. In order for the improvements to historic property to qualify for the ad valorem
tax exemption, the improvements must have been made on or after the effective date of this
Ordinance. All exemptions granted under this Ordinance will be for a term of 10 years.
Section 3.
Properties eliQible for the ad valorem tax exemption: procedure for
obtaining the exemption.
a.) Only property described as historic property in Sec. 1 (b) and located within
2
unincorporated Monroe County is eligible for an application for the ad valorem tax exemption
authorized by Sec. 2.
b.) The Division is hereby designated as the representative of the Board of County
Commissioners for reviewing applications for the tax exemption authorized by Sec. 2. The
Foundation is hereby designed as the representative of the Board of County Commissioners for
receiving tax exemption applications and forwarding those applications to the Division. The
Foundation is also designated as the representative of the Board of County Commissioners for the
purpose of receiving Division recommendations and forwarding those recommendations to the
Board of County Commissioners. All applications for ad valorem tax exemptions submitted to the
Foundation pursuant to this Ordinance must be accompanied by a $100 application fee payable to
Foundation to cover the costs of review and assistance to the applicant. The Board of County
Commissioners reserves the right to monitor the use of the application fees received by the
Foundation in order to assure that those funds are used for the purpose authorized by this
Ordinance.
c.) The standards for the review, recommendation, and approval or denial of ad
valorem tax exemption applications are set forth in Rules 1 A-38.003 - 1 A-38.005, FAC. Those rules are
hereby incorporated into this Ordinance by reference.
d.) Any person, firm or corporation that desires an ad valorem tax exemption for
improvements to historic properties must. before commencing construction, file with the Foundation
the preconstruction portion of the Division's two-part Historic Preservation Property Tax Exemption
Application (DOS Form No. HR3E101292 or any substitute form designated by the Division). Once the
Foundation staff determines that the preconstruction application is complete, the staff must promptly
forward the application to the Division for review and comment. If determined to be incomplete,
the application must be returned to the applicant for correction. However, if an applicant requests
that his/her application be forwarded to the Division, although the Foundation staff determined that
the application is incomplete, then the staff must forward the application to the Division along with a
memorandum that notes the deficiencies determined by the staff.
3
e.) Once the Division receives a preconstruction application from the Foundation
staff, the Division must review the application pursuant to the procedures and standards set forth in
Rules lA- 38.003 - 1 A038.005, FAC. Written copies of the Division's recommendations must be sent to
the applicant and the Foundation. If the Division's recommendation finds that the proposed work is
inconsistent with the standards of Rule 1 A-38.005, FAC, then the Foundation staff is directed to assist
the applicant in making any of the recommended corrections to the proposed work recommended
but only to the extent that the Foundation staff is professionally qualified to do so. Failure of the
applicant to correct the planned work, as recommended by the Division, may result in the denial of
the ad valorem tax exemption by the Board of County Commissioners when the work is finally
completed.
f.) When the applicant has completed the work, the applicant must file with the
Foundation the request for review of completed work (request for review) portion of DOS form
described in subsection 3(d), together with any supporting materials required by the Division. If the
Foundation staff determines that the request for review is complete, then the staff must promptly
forward it to the Division for review and recommendation. If the request for review is determined to
be incomplete by the Foundation staff, then it must be returned to the applicant for correction.
However, if an applicant requests that his or her application be forwarded to the Division, although
the Foundation staff determined that the request for review is incomplete, then the staff must forward
the request to the division along with a memorandum that notes the deficiencies determined by
staff.
g.) When the Division receives a request for review, the Division must review the
request pursuant to the procedures and standards set forth in Rules 1 A-38.003 - 1 A-38.005, FAC. On
completion of its review of a request for review of completed work, the Division must recommend to
the Board of County Commissioners that they grant or deny the ad valorem tax exemption. The
recommendation, and the reasons therefor, must be provided in writing by the Division to the
applicant and the Foundation. A recommendation to grant the exemption constitutes certification
by the Division that the property for which the exemption is sought meets the requirements of Rules
4
1A-38.003 - 1A-38.005, FAC, Sec. 196.1997(1l)(a), F.S., and this Ordinance. Upon receipt of the
Division's recommendation, the Foundation staff must forward the recommendation, together with
the entire application, to the County Administrator's Office for placement on the public hearing
agenda of the Board of County Commissioners. If the Division's recommendation is to deny the ad
valorem tax exemption, and the applicant timely elects to pursue a Chap. 120, F.S., administrative
appeal of that recommendation, then the Board of County Commissioners may not take any action
on the recommendation until the final resolution of the appeal.
h.) At the scheduled public hearing, a majority vote of the Board of County
Commissioners may, by written resolution, grant or deny the application for an exemption from ad
valorem taxes authorized by Sec. 2. If granted, the resolution must contain the following:
( 1 ) The name of the owner, the address of the historic property and the
legal description of the property, for which the exemption is granted;
(2) The effective date of the 10-year exemption;
(3) A finding that the exemption meets the requirements of Sec. 196.1997,
F.S., Rules 1 A38.003 - 1 A-38.005, FAC, and this Ordinance.
If denied, the written resolution must state the reasons for the denial.
L) Before the effective date of the exemption, and as a condition precedent to
the exemption taking effect, the owner of property must execute the Historic Preservation Property
Tax Exemption Covenant and record the Covenant with the deed for the property in the Official
Records of Monroe County. The Historic Preservation Property Tax Exemption Covenant is
incorporated into this Ordinance by reference.
Section 4. Additional ad valorem tax exemptions for properties open to the public.
a.) If an improvement qualifies as a historic property for an ad valorem exemption
under Sec. 2, the property is used for non-profit or governmental purposes as set fourth in Rule 1 A-
38004(4), FAC, and the property is regularly and frequently open for the public's visitation, use, and
benefit as set forth in Rule 1A-38.004(5), FAC, then the Board of County Commissioners is authorized to
grant an exemption from ad valorem taxation of up to 100 percent of the assessed value of the
5
property, as improved, if all the other applicable provisions of Sec. 2 and 3 of this Ordinance are
complied with; provided, however, the assessed value of the improvements must be equal to at least
50 percent of the total assessed value of the property as improved. The exemption provided for in
this section applies only to real property to which improvements are made by or for the use of the
existing owner. In order for the property to qualify for the exemption provided for in this section, any
such improvements must be made on or after the effective date of this Ordinance.
Section 5.
a.)
Loss of exemption.
The Board of County Commissioners may revoke an ad valorem tax exemption
granted pursuant to this Ordinance if:
1.) The owner is in violation of the Historic Preservation Tax Exemption
Covenant;
2.) The property has been damaged by accident or natural causes to the
extent that the historic integrity of the features, materials, appearance,
workmanship and environment. or archeological integrity that made
the property eligible for designation under Chap. 9.5, Article VIII,
M.C.C., have been lost or so damaged that restoration is not feasible;
or
3.) In the case of an exemption granted pursuant to Sec. 4 of this
Ordinance, the property is sold or otherwise transferred from the owner
who made the application and was granted the exemption or the
property no longer meets the requirements set forth in Sec. 4 and Rule
1A-38.004(4) and (5), FAC.
b.) If the County Administrator determines that an event described in Subsecs.
5( aJ( 1), (2) or (3) has occurred, he must schedule a public hearing before the Board of County
Commissioners requesting that the Board revoke the ad valorem tax exemption. the Administrator
must furnish the property owner with a written notice of the hearing, stating the time, date and place
of the hearing, together with a written summary of the reason(s) that the revocation is being
6
requested, and a statement that the owner will have an opportunity to be heard and to present
witnesses or offer other evidence as to why the exemption should not be revoked. The hearing
before the Board of County Commissioners may be informally conducted. At the hearing, the
County Administrator (or designee) and the property owner (or designee) may present witnesses or
other evidence they believe is relevant. Although the formal rules of evidence will not apply, the
Mayor may reject proffered testimony or evidence that is irrelevant or repetitive. Following the
hearing, the Board of County Commissioners may, by majority vote, revoke the exemption, in which
case the exemption will no longer be in effect, or the Board may determine that the event(s)
described in Subsecs. 5(a)(1), (2) or (3) did not occur or, if they did occur, were insufficient to justify
revoking the exemption, in which case the exemption will remain in effect. All determinations made
by the Board of County Commissioners pursuant to this Section must be memorialized in a written
resolution.
Section 6. Ad valorem tax exemption resolutions to be furnished to the Property Appraiser
The Clerk, on behalf of the Board of County Commissioners, must deliver a certified
copy of each resolution granting or revoking a historic preservation ad valorem tax exemption to the
Property Appraiser. Upon certification of the assessment roll, or recertification, if applicable pursuant
to Sec. 193.122, F.S., for each fiscal year for which this Ordinance is in effect, the Property Appraiser,
must report the following information to the County Commission.
a.) The total taxable value of all property within the County for the current
fiscal year;
b.) The total exempted value of all property within the County that has
been approved to receive historic preservation ad valorem exemption
for the current fiscal year.
Ordinance nonexclusive
Section 7.
This Ordinance authorizes ad valorem tax exemptions for improvements to historic
property and a procedure for the BOCC to grant such exemptions. This Ordinance does not
7
supersede, or in any way excuse compliance with, any County Ordinance regulating the use of land
or the construction, repair or renovation, of buildings, or other structures.
Section 8.
Severability
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 9.
Repeal of inconsistent ordinance clauses
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Section 10.
Inclusion in the Monroe County Code
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 11.
Effective date
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 that
Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 14th day of
January
,1998.
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absent
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COUNTY COMMISSIONERS
E
By
('
8
DOS Form No. HR3El11292
HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT
This Covenant is made the
day of
, 19 , by
(hereinafter referred to as the Owner)
and in favor of
(hereinafter referred to as the Local Government) for the purpose of the restoration,
renovation or rehabilitation, of a certain Property located at
which is owned in fee simple by the Owner and is listed in the National Register of Historic
Places or locally designated under the terms of a local preservation ordinance or is a
contributing property to a National Register listed district or a contributing property to a
historic district under the terms of a local preservation ordinance. The areas of
significance of this property, as identified in the National Register nomination or local
designation report for the property or the district in which it is located are
_architecture, history, archaeology.
The Property IS comprised essentially of grounds, collateral, appurtenances, and
iI~provements. The property is more particularly described as follows (include city
reference, consisting of repository, book, and page numbers):
In consideration of the tax exemption granted by the Local Government, the Owner hereby
agrees to the following for the period of the tax exemption which is from January 1,
, to December 31,
1. The Owner agrees to assume the cost of the continued maintenance and repair of said
Property so as to preserve the architectural, historical, or archaeological integrity of the
Page Two
same in order to protect and enhance those qualities that made the Property eligible for
listing in the National Register of Historic Places or designation under the provisions of the
local preservation ordinance.
2. The Owner agrees that no visual or structural alterations will be made to the Property
without prior written permission of the ( )Division of Historical Resources
( )Local Historic Preservation Office.
The address of the certified Local Historic Preservation Office is, if one exists in the
jurisdiction:
Name of Office/Agency:
Address:
City:
Telephone:
Zip:
The address of the Division of Historical Resources is:
Bureau of Historic Preservation
Division of Historical Resources
R.A. Gray Building, 500 South Bronough Street
Tallahassee, Florida 32399-0250
Telephone Number: (904) 487-2333
3. [Only for properties of archaeological significance] The Owner agrees to ensure the
protection of the site against willful damage or vandalism. Nothing in this Covenant shall
prohibit the Owner from developing the site in such a manner that will not threaten or
Page Three
damage the archaeological resource, provided that permission for alteration of the site is
obtained pursuant to 2. above.
4. The Owner agrees that the ( )Division of Historical Resources ( )Local Historic
Preservation Office and appropriate representatives of the Local Government, their agents
and designees shall have the right to inspect the Property at all reasonable times in order to
ascertain whether or not the conditions of this Covenant are being observed.
5. In the event of the non-performance or violation of the maintenance provision of the
Covenant by the Owner or any successor-in-interest during the term of the Covenant, the
( )Division of Historical Resources ( )Local Historic Preservation Office will report such
violation to the Property Appraiser and Tax Collector who shall take action pursuant to s.
196.1997 (7), F.S. The Owner shall be required to pay the difference between the total
amount of taxes which would have been due in March in each of the previous years in
which the Covenant was in effect had the property not received the exemption and the total
amount of taxes actually paid in those'years, plus interest on the difference calculated as
provided in s. 212.12 (3), F.S.
6. If the Property is damaged by accidental or natural causes during the Covenant period,
the Owner will inform the ( )Division of Historical Resources ( )Local Historic
Preservation Office in writing of the damage to the Property, including (1) an assessment of
the nature and.extent of the damage; and (2) an estimate of the cost of restoration or
reconstruction work necessary to return the Property to the condition existing at the time of
project completion. In order to maintain the tax exemption, the Owner shall complete the
,
restoration or reconstruction work necessary to return the Property to the condition
Page Four
existing at the time of project completion on a time schedule agreed upon by the Owner
and the ( )Division of Historical Resources ( )Local Historic Preservation Office.
7. If the Property has been destroyed or severely damaged by accidental or natural
causes, that is, if the historical integrity of the features, materials, appearance,
workmanship, and environment, or archaeological integrity which made the property
eligible for listing in the National Register of Historic Places or designation under the
terms of the local preservation ordinance have been lost or so damaged that restoration is
not feasible, the Owner will notify the ( )Division of Historical Resources ( )Local
Historic Preservation Office in writing of the loss. The ( )Division of Historical Resources
( )Local Historic Preservation Office will evaluate the information provided and notify the
Owner in writing of its determination regarding removal of the Property from eligibility for
tax exemption. If the ( )Division of Historical Resources ( )Local Historic Preservation
Office determines that the property should be removed from eligibility for tax exemption, it
will notify the Property Appraiser of the county in which the Property is located in writing
so that the tax exemption can be cancelled for the remainder of the Covenant period. In
such cases, no penalty or interest shall be assessed against the Owner.
8. If it appears that the historical integrity of the features, materials, appearance,
workmanship, and environment, or archaeological integrity which made the Property
eligible for listing in the National Register of Historic Places or designation under the
terms of the local preservation ordinance have been lost or damaged deliberately or
through gross negligence of the Owner, the ( )Division of Historical Resources ( )Local
Historic Preservation Office shall notify the Owner in writing. For the purpose of this
Covenant, "gross negligence" means the omission of care which even inattentive and
Page Five
thoughtless persons never fail to take of their own property. The Owner shall have 30 days
to respond indicating any circumstances which show that the damage was not deliberate or
due to gross negligence. If the Owner cannot show such circumstances, he shall develop a
plan for restoration of the Property and a schedule for completion of the restoration. In
order to maintain the tax exemption, the Owner shall complete the restoration work
necessary to return the Property to the condition existing at the time of project completion
on a time schedule agreed upon by the Owner and the ( )Division of Historical Resources
( )Local Historic Preservation Office. If the Owner does not complete tbe restoration
work on the agreed upon time schedule, the ( )Division of Historical Resources ( )Local
Historic Preservation Office will report such violation to the Property Appraiser and Tax
Collector who shall take action pursuant to s. 196.1997 (7), F.S. The Owner shall be
required to pay the differences between the total amount of taxes whicb would have been
due in March in each of the previous years in which the Covenant was in effect had the
property not received the exemption and the total amount of taxes actually paid in those
years, plus interest on the difference calculated as provided in s. 212.12 (3), F.S.
9. The terms of this . Covenant shall be binding on the current Property owner,
trapsferees, and their heirs, successors, or assigns.
This Covenant shall be enforceable in specific performance by a court of competent
jurisdiction.
OWNER
Name
Signature
Date
Page Six
LOCAL GOVERNMENT:
"
Name of Authorized
Local Official
Title
Signature
Date
V. I, p. 62-9
EXEMPTIONS FOR IllSTORIC PROPERTIES
(R. 12/96)
IA-38.003
CHAPTER IA-38
TAX EXEMYI'IONS FOR mSTORIC
PROPERTIES
Purpose. (Repealed)
Defmitions.
Application for Exemption.
Evaluation of Property.
Evaluation of Improvements.
Covenant.
Certification of Local Historic
Preservation Office:
IA-38.00l
IA-38.002
IA-38.003
IA-38.004
IA-38.005
IA-38.006
IA-38.007
IA-38.001 Purpose.
$pec;Jic AlIlhority 120.53, 196.1997(6), (13), 196.1998(3)
FS. Law /mplemellled /96.1997, 196.1998 FS. History-
New /-31-94, Repealed 12-18-95.
IA-38.002 Definitions. The following words
and phJ'ases, when used in this chapter, shall have
the following meanings, except where the context
clearly indicates a different meaning:
(I) "Contributing property" means a building,
site, structure, or object which adds to the
historical architectural qualities, historic
associations, or archaeological values for which a
district is significant because
(a) it was present during the period of
significance of the district, and possesses historic
integrity reflecting its character at that time,
(b) is capable of yielding important information
about the period, or
(c) it independently meets the National Register
of Historic Places criteria for evaluation set forth
in 36 CFR Part 60.4, incorporated by reference.
(2) "Division" means the Division of Historical
Resources of the Department of State.
(3) "Historic property" means a building, site,
structure, or object which is:
(a) individually listed in the National Register of
Historic Places;
(b) a contributing property in a National
Register listed historic district;
(c) designated as a historic property or landmark
under.the provisions of a local historic preservation
ordinance; or
(d) a contributing property in a historic district
designated under the provisions of a local historic
preservation ordinance.
(4) "Improvements" means changes in the
condition of real property brought about by the
expenditure of labor or money for the restoration,
renovation or rehabilitation of such property.
Improvements include additions and accessory
structures (i.e., a garage) necessary for efficient
contemporary use.
(5) "Local government" means the board of
county commissioners or the governing authority of
the municipality that has adopted an ordinance
providing for property tax exemption for
improvements to historic properties pursuant to
Section 196.1997 or 196.1998, F.S.
(6) "Local historic preservation office" means a
local government agency certified by the Division
as qualified to review applications for property tax
exemptions pursuant to Sections 196.1997 or
196.1998, F.S.
(7) "National Register of Historic Places"
means the list of historic properties significant in
American history, architecture, archeology,
engineering and culture, maintained by the
Secretary of the Interior, as established by the
National Historic Preservation Act of 1966 (Public
Law 89-665; 80 STAT. 915; 16 U.S.C. 470), as
amended.
(8) "Noncontributing property" means a
building, site, structure, or object which does not
add to the historic architectural qualities, historic
associations, or archaeological values for which a
district is significant because
(a) it was not present during the period of
significance of the district,
(b) due to alterations, disturbances, additions, or
other changes, it no longer possesses historic
integrity reflecting its character at that time or is
incapable of yielding important information about
the period, or
(c) it does not independently meet the National
Register of Historic Places criteria for evaluation.
(9) "Renovation" or "rehabilitation". For
historic properties or portions thereof which are of
historical or architectural significance,
"renovation" or "rehabilitation" means the act or
process of returning a property to a state of utility
through repair or alteration which makes possible
an efficient contemporary use while preserving
those portions or features of the property which are
significant to its historical, architectural, cultural
and archaeological values. For historic properties
or portions thereof which are of archaeological
significance or are severely deteriorated,
"renovation" or "rehabilitation" means the act or
process of applying measures designed to sustain
and protect the existing form and integrity of a
property, or reestablish the stability of an unsafe or
deteriorated property while maintaining the
essential form of the property as it presently exists.
(10) "Restoration" means the act or process of
accurately recovering the form and details of a
property and its setting as it appeared at a
particular period of time by means of the removal
of later work or by the replacement of missing
earlier work.
(II) "Useable space" ,means that portion of the
space within a building which is available for
assignment or rental to an occupant, including
every type of space available for use of the
occupant.
Specific Authority /96.1997. /96./998 FS. Law
/mplemenled /96./997, /96./998 FS. History-New
/ -3/-94.
lA-38.003 Application for Exemption.
(I) Except as provided in rule IA-38.003(2),
application for the property tax exemption shall be
made on the two-part Historic Preservation
Property Tax Exemption Application, DOS Form
No. HR3ElO1292, effective 1-31-94 and
incorporated by reference. This form may be
obtairied by writing the Division at: Bureau of
Historic Preservation, 500 South Bronough Street,
Tallahassee, Florida 32399-0250, or from the local
historic preservation office in the jurisdiction of the
(R. 12/96)
lA-38.004
DEPARTMENT OF STATE
V. 1, p. 62-10
local government Part I, the Preconstruction
Application, shall be submitted before
improvements are initiated and Part 2, the Request
for Review of Completed Work., shall be submitted
upon completion of the improvements.
(2) In lieu of DOS Form No. HR3ElO1292, any
local government with a local historic preservation
office certified pursuant to rule IA-38.007, may
develop an alternative application fonn for use by
property owners within its jurisdiction; however,
such alternative application fonn shall:
(a) at a minimum, require the property owner to
provide the infonnation indicated in DOS Fonn
No. HR3EI0l292,
(b) be in the two-part fonnat of DOS Form No.
HR3EIOI292, and
(c) be approved by the Division.
(3) Completed PreconsbUction Applications and
Requests for Review of Completed Work. shall be
submitted by the property owner to the local
historic preservation office or the Division,
whichever is designated by the local ordinance as
the representative of the local government for the
purpose of reviewing applications for the property
tax exemption.
(4) Upon receipt of the completed
Preconstruction Application and all required
supporting materials, the local historic preservation
office or the Division shall conduct a review to
detennine
(a) whether the property for which an exemption
is requested satisfies Section 196.1997(11)(a), F.S.,
(b) whether the proposed improvements are
consistent with the Secretary of Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings (Revised 1990), U.S.
Department of the Interior, National Park. Service,
incorporated by reference, and the criteria in
Chapter IA-38, and
(c) for applications submitted under the
provisions of Section 196.1998, F.S., whether the
improvements meet the criteria in rule
IA-38.004(3) an4 (4). Copies of the Secretary of
the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings
may be obtained by writing the Division at the
address indicated in rule IA-38.003(l) or from the
Superintendent of Documents, U.S. Government
Printing Office, Washington D.C., 20402.
(5) On completion of the review of a
Preconstruction Application, the local historic
preservation office or Division shall notify the
applicant and the local government in writing of
the results of the review and shall make
recommendations for correction of any planned
work. deemed to be inconsistent with the standards
cited in rule IA-38.005.
(6) Each review of a Preconstruction
Application conducted by the Division shall be
completed within 30 days following receipt of the
completed application and all required supporting
materials. Each review of a Preconstruction
Application conducted by a local historic
preservation office shall be completed consistent
with the routine schedules and procedures of the
local design review body as set forth by the local
government
(7) Upon receipt of the Request for Review of
Completed Work. and all required supporting
materials, the local historic preservation office or
the Division shall conduct a review to detennine
whether or not the completed improvements are in
compliance with the work. described in the
approved Preconstruction Application, subsequent
approved amendments, if any, and the Secretary of
the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings.
The local historic preservation office or the
Division, as applicable, reserves the right to inspect
the completed work. to verify such compliance.
(8) On completion of the review of a Request
for Review of Completed Work., the local historic
preservation office or the Division shall
recommend that the local government grant or
deny the exemption. The recommendation, and the
reasons therefor, shall be provided in writing to the
applicant and to the local government The
recommendation shall advise the applicant of his
right to a fair hearing pursuant to Section 120.57,
ES., and procedures set forth by the local
government
(9) Each review of a Request for Review of
Completed Work. conducted by the Division shall
be completed within 30 days following receipt of
the completed request and all required supporting
materials. Each review of a Request for Review of
Completed Work. conducted by a local historic
preservation office shall be completed consistent
with the routine schedules and procedures of the
local design review body as set forth by the local
government
Specific Authority 196.1997(6) FS. Low Implemented
196./997. 196.1998 FS. History-New 1-3/-94.
lA-38.004 Evaluation of Property.
(I) PreconsbUction Applications submitted to
the Division for properties which have been
individually designated as historic properties or
landmarks under the provisions of a local historic
preservation ordinance shall include documentation
substantiating such designation and describing the
historic, archaeological or architectural features
which provided the basis for designation.
Acceptable documentation shall include a copy of
the designation report for the property and official
correspondence notifying the property owner of
designation.
(2) For properties located in a historic district
listed in the National Register of Historic Places,
the local historic preservation office or the Division
shall apply the definitions of contributing and
noncontributing properties as set forth in rule
IA-38.002(1) and IA-38.002(6), respectively, to
detennine whether the property is a contributing
property.
(3) For properties located in a historic district
designated by local ordinance, the local historic
preservation office or the Division shall apply the
criteria set forth in the local ordinance to detennine
whether the property is a contributing property. If .
V. 1, p. 63
EXEMPTIONS FOR mSTORIC PROPERTIES
(R. 12/96)
lA-38.006
the local ordinance does not include criteria or a
process sufficient to detennine whether the
~~isaoo~oo&g~~~, the local
historic preservation office or the Division shall
apply the definitions of oontributing and
noncontributing ~rties as set forth in rule
lA-38.004(I) and lA-38.002(6), respectively, to
detennine whether the prope~ is a oontributing
~~.
(4) For purposes of the exemption under Section
196.1998, F.S., a pro~~ is being used for
government or non~fit purposes if the occupant
or user of at least 65 ~rcent of the useable space
of a historic building or of the upland C9mponent
of an archaeological site is an agency of the
federal, state or local government, or a nonprofit
corporation wbose articles of incorporation have
been filed by the Department of State in
accordance with Section 617.0125, F.S.
(5) For purposes of the exemption under Section
196.1998, F.S., a prope~ is oonsidered regularly
and frequently open to the public if public access
to the pro~~ is provided not less than 52 days a
year on an equitably spaced basis, and at other
times by appointment Nothing in this rule shall
prohibit the owner from charging a reasonable
nondiscriminatory admission fee.
Specific Authority 196.1997(/3), 196.1998(3) FS. Law
Implemellled 196.1997. 196.1998 FS. History--N~
1-31-94.
lA-38.00S Evaluation of Improvements. The
local historic preservation office or the Division
shall apply the recommended approaches to
rehabilitation as set forth in the Secretary of the
Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings in
evalua&g the eligibility of improvements to the
historic pro~~. For improvements intended to
protect or stabilize severely deteriorated historic
properties or archaeological sites, the local historic
preservation office or the Division shall apply the
following additional standards:
(I). Before applying protective measures which
are generally of a temporary nature and imply
future historic preservation work, an analysis of the
actual or anticipated threats to the pro~~ shall be
made.
(2) Protective measures shall safeguard the
pliysical oondition or environment of a prope~ or
archaeological site from further deterioration or
damage caused by weather or other natural, animal
or human intrusions.
(3) If any historic material or architectural
features are removed, they shall be properly
recorded and, if possible, stored for future study or
reuse.
(4) Stabilization shall reestablish the structural
stability of a property through the reinforcement of
loadbearing members or by arresting material
deterioration leading to structural failure.
Stabilization shall also reestablish weather resistant
conditions for a property.
(5) Stabilization shall be accomplished in such a
manner that it detracts as little as possible from the
property's appearance. When reinforcement is
required to reestablish structural stability, such
work: shall be concealed wherever possible so as
not to intrude upon or detract from the aesthetic
and historical quality of the property, except where
ooncea1ment would result in the alteration or
destruction of historically significant material or
spaces.
Specific Authority 196.1997(/3). 196.1998(3) FS. Law
Implemellled 196.1997, 196.1998 FS. History--N~
1-31-94.
lA-38.006 Covenant.
(I) Except as provided in rule IA-38.006(2), a
prope~ owner qualifying for an exemption
pursuant to Sections 196.1997 and 196.1998, F.S.,
and the local government granting the exemption
shall execute the Historic Preservation Property
Tax Exemption Covenant, DOS Fonn No.
HR3EI11292, effective 1-31-94 and incorporated
by reference. DOS Fonn No. HR3EI I 1292 may be
obtained by wri&g the Division at the address in
rule IA-38.003(1) or from the local historic
preservation office in the jurisdiction of the local
government On or before the effective date of the
exemption, as established by the applicable local
government, the owner of the prope~ shall have
the Covenant recorded with the deed for the
prope~ in the official records of the county in
which the property is situated.
(2) In lieu of DOS Fonn No. HR3Elll292, any
local government may develop an alternative fonn
of covenant for use within its jurisdiction;
however, such alternative fonn of covenant shall:
(a) at a minimum, bind the parties to conditions
and requirements equivalent to those set forth in
DOS Fonn No. HR3Ell1292, and
(b) be approved by the Division.
(3) The following conditions shall provide
justification for removal of a property from
eligibility for the prope~ tax exemption provided
under Section 196.1997, F.S.:
(a) The owner is in violation of the provisions
of the Historic Preservation Tax Exemption
Covenant; or
(b) The prope~ has been damaged by
accidental or natural causes to the extent that the
historic integrity of the features, materials,
appearance, worIcmanship and environment, or
archaeological integrity which made the pro~~
eligible for listing in the National Register or
designation under the provisions of the local
preservation ordinance have been lost or so
damaged that restoration is not feasible.
(4) For the exemption provided under Section
196.1998, F.S., the following conditions, as well as
those indicated in rule IA-38.006(3), shall justify
removal of a property from eligibility for the
exemption:
(a) The property is sold or otherwise transferred
from the owner who made application and was
granted the exemption; or
(b) The property no longer meets the
requirements set forth in rule IA-38.004(4) and
IA-38.004(5).
Specific Authority 196.1997(7) FS. Law /mplemellled
196.1997, 196.1998 FS, History--N~ 1-31-94.
(R. 12/96)
IA-38.007
DEPARTMENT OF STATE
, V. I, p. 64
IA-38.007 Certification of Local Historic
Preservation Office.
(1) Criteria for certification shall be as set forth
in Sections A and B of the Florida Certified Loca1
Government Guidelines' (Revised November 1993)
promulgated by the Division and incorporated by
reference. These guidelines may be obtained by
writing the Division at the address in rule
1 A-38.003(1).
(2) Existing Certified Local Governments shall
automatically be designated local historic
preservation offices for the purposes set forth in
Sections 168.1997 and 168.1998, ES.
(3) Other local governments requesting
certification of a local historic preservation office
shall apply on the Application for Certification,
Florida Certified Local Governments Program,
which is Appendix C to the Florida Certified Loca1
Government Guidelines.
(4) Within 45 days following receipt of a
complete Application for Certification and, all
required supporting material, the Division shall
render a written detennination regarding the
application, either approving or denying
certification for the purposes set forth in Sections
196.1997 and 196.1998, F.S. For denials, the
Division shaH provide the applicant with an
explanation, clearly indicating the reasons for
denial.
(5) Certification pursuant to this rule shall
remain in effect so long as the local government
maintains a program which meets the minimum
requirements set forth in Sections A and B of the
Florida Certified Loca1 Government Guidelines.
Specific Authority /96./997(6) FS. Law /mplemellled
/96./997. /96./998 FS. Hisrory-New /-3/-94.
..
mannp 1.. itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA'THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUN1Y
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTA nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
January 26, 1998
CER'l'D'lED MAll..
RETURN RECEIPI' REQUESTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No.004-1998,
providing for definitions; providing for the exemption of the assessed value of certain
improvements made after the effective date of this Ordinance to properties that are
designated archaeological, historical or cultural landmarks under Chapter 9.5, Article
VIII, Monroe County Code, from Monroe County ad valorem taxation; providing for an
application fee; providing for the exemption 100 percent of the value of historic
properties open to public visitation if certain improvements are made after the effective
date of this Ordinance; providing for an application procedure for such ad valorem tax
exemptions; providing for review of such applications by the Division of Historical
Resources, Department of State; providing the standards and procedure for
recommendations from that division to the Board of County Commissioners; providing
procedures and standards whereby the Board may grant or deny an application for such
ad valorem tax exemptions; providing for standards and procedures whereby the Board
may re10ke an ad valorem tax exemption previously granted; providing that Board
resolutions granting or revoking such ad valorem tax exemptions be furnished to the
Tax Collector; providing that the procedures of this Ordinance do not supersede any
County Land Development Regulations or County Ordinances regulating construction;
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.
, ,"',:,,,~
_.>-:,~..'
';'_'01('';;';
II
Mrs. Liz Cloud
January 26,1998
Page 2
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on January 14, 1998.
Please file for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen.
~.utA)~
De ty Cle
Enclosure
cc: Mayor Jack London
County Attorney
County Administrator
Growth Management Director
Property Appraiser
Tax Collector
Municipal Code Corporation
File
~
";;6"~.;
A'~'!.._;"..,
DIVISIONS D.f FLORIDA DEPARTMENT OF STATE
t )t!ll'l' III tht..' St.'(rd.H~
l )tth."t..' lIt Intcrn.ltllll'l.ll Rl'I.ltilllb
I )j," i:-;Il Hl {It Ad l11ini~tr,lti\'l' Ser\"j(l's
()l\'i~h)l"lllf Cllrpl1f.ltillllS
I )I\'i~illllnt L'UltUf,,1 Atf.lirs
l)i\'i:--il1n llf Flcrtilllb
Di\iShlll lIt Ilishlric,ll Rl'Sllllrn'S
I)i, i:-.illllllf 1.lbr.1f\" ,Inti Inh'rm,ltion St..'f\'icl'S
I )i\ I:--HlIlllt I,il.'l'nsinh
"
MEMBER OF THE FLORIDA CABINET
Historic Florid., Kl'YS Prt.'sl'rv,ltion Bo.ud
liistorir 1'.1101 Ul'ach Cllunty Pn'Sl'rv,ltitltl BO.Hd
Ilishlrir Ill'nS,lnll,l IJrt'Sl'n',ltilHl Ihl,lrd
Hishlric St. AUgllstil'll' Prl'Sl'r\'lltillll Bll.Hd
l 'btoric Tall.lhasSl'l' Prl'Sl'fv.ltiOI1 Bp,Hd
Ilistll,ic T.lmp.l/llillsborllugh l ",,,,Iv
Prl'Sl'r\"ltipll Bo.lrd
Ringling MlISl'Wll 01 ^rt
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
January 30, 1998
Attention: Ruth Ann Jantzen, Deputy Clerk
-". ~.O -=1
-'-~
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Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
two letters dated January 26, 1998, and certified copy each of Monroe County Ordinance
Nos. 98-03 and 98-04, which were filed in this office on January 29, 1998.
Sincerely,
Li~e~
Bureau of Administrative Code
LC/mw
~
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street · Tallahassee, Florida 32399-0250 · (904) 488-8427
FAX: (904) 488-7869 · WWW Address http://www.dos.state.fl.us · E-Mail: clc(ti(J//@lIlI1il,do~,~tntt',fI.lI~
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P.O. BOX 2235
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MUNICIPAL CODE CORP.
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TALLAHASSEE, FL. 32316-2235
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PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
. . 1 Tom Schumaker '
Before the undersigned authority persona Iy appeared _ ~ . _~__ who on oath, says that he/she 1
Publisher
of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON.
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Tntpnti on to
Consider Adoption of
IN THE MATTER OF: Landmarks' C:ollnty nrr'li nrlnrp in the
Court was published in said newspaper in the issues of
~~er 20, 27, 1997
-----"
Alliant.further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news-
paper has heretofore been continuously published in said MONROE COUN-
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been
entered as second class mail matter at the post office in MARATHON, in
said MONROE COUNTY, FLORIDA, for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant fur-
ther says that he has neither paid nor promised any person, firm, or corpo- ,
ration any discouJit, rebate, commission or refund for the purpose of secur-
ing this advertisement for publication in the said newspaper.(SEAL)
SEE REVERSE
~ DOROTHY C. SHEA
... My Comm [lip. 101 1
I'Ullt.lC ~ 80ndecI By ServIct Ills
No.CC688796
I'1l'SGIlIIy ~ I J 0IlIr 1.0,
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SWORN TO AND SUBSCRIBED BEFORE ME THIS
29th
DA Y OF
December
A.D. 19 97
~M
.-0-
no, 4351 BOO
NanCE OF INTENTION TO
CONSIDER p,[)OPTiON OF
, cOUNTY ORQINANCE
NoTICE IS HEREBYGI'-EN TO .
WHOM IT MAY CqNCERN thet
on Wednftdey. Jam"ety 14.
1998. et 10:00 AM at the Har-
vey Centar - Truman School.
1200 Truman ,Aven..... Key
West, .Monroe County. Florid,,:
theBoerd of County Commis-
sioners of Monroe Ci:>unty, Flori-
. cia. intends to c;onsider the
adoption of the following Coun-
ty ordinamce: .
AN oRDINANCE, PROVIDING
FOR DEFINITIONS; PROVIDING
FOR THE EXEMPTION OF THE
ASSESSED VALUE OF CER-
TAIN IMPROVEMENTS MADE
AFTER 'THE EFFECTIVE DATE
OF THIS ORDINANCE TO
PROPERTIES THAT ARE DES-
IGNATED ARCHAEOLOGICAL.
HISTORlCAl ORCULTl.JRAL
LANDMARKS UNDER CHAP-
,TER 9.5. ARTICLE VIII. MON-
ROE COUNTY CODE. FROM
MONROE COUNTY AD VALOR-
.EM TAXATION: PROVIDING
FORAN A~PLICATION FEE:
PROVIDING FOR .THE EXEMP-
TION 100 PERCENT OF THE
-VALUE Of HISTORIC PROPER-
.TIES OPEN TO PUBLIC VISITA-
TION IF CERTAIN IMPROVE-
MENTSARE MADE AFTER THE
EFFECTIVE .OA TE OF THIS OR-
DINANCE: PROVIDING FOR AN
APPUCATION PROCEDURE
FOR SUCH AD VALOREM TAX
EXEMPTIONS: PROVIDING
FOR REVIEW OF SUCH APPLI-
CATIONS BY THE DIVISION OF
HISTORICAL RESOURCES, DE-
PARTMENT OF STAll:: , PRO-
VIDING THE STANDARDS
AND PROCEDURE FOR REC-
OMMENDATIONS FfIOM THAT
DIVISION TO 'THE80ARD OF
COUNTY COMMISSIONERS:
PROVIDING PROCEDURES
AND STANDARDS WHEREBY
THE BOARD MAY GRANT OR
DENY AN APPLICATION FOR
SUCH AD VALOREM TAX EX-
EMPTIONS; PROViDING FOR
STANDARDS AND PROCE-
DURES WHEREBY THE BOARD
MAY REVOKE AN AD VAlOR-
EM TAX 'EXEMPTION PREVI-
OUSt Y GRANTED: PROVIDING
THAT BOARD RESOlUTIONS
GRANTING OR REVOKING
SUCH AD VALOAEM TAX EX-
EMPT, IQNS BE FURNISHED TO
THE. TAX COlLECTOR: PRO-
VIDING THAT TliEPROCE-
DURES OF THIS ORDINANCE
.00' NOT sUPERSEDE ANY
COUNTY LAND DEVELOP-
MENT REGULATIONS OR
COUNTY ORDINANCES I'lEGU-
lATING CONSTRUCTION;
PROVIDING FOR SEVERABILI-
TY; PROVIDING FOR '[HE RE-
PEAL OF' ORDINANCES IN-
CONSISTENT -HEREWITH;
PROVIDING FOR INCLUSION
IN THE. CODE OF ORDI-
NANCES; PROVIDING FOR AN
EFFECTIVE DATE, .
Pursuant to Section 2.86,01 05.
Floricla Statutes. notice, is 'given
that if a person dacldes to ap-
peal .any decision' m!'de by the
Board ~ith respect to amy mat-
ter consIdered at thehear.ng; he
will need a record of the pro-
ceedings. amd that. for such pur~
pose. he may need to ensure
that a verbatim f'lOCord of the
r.,~~IGS:~~he~ii~~~c: ..';:d
evidence upon which tl:le appeal
is to be based, .
Copies of th" above..-eferenced'
ordinan'ce are available, forre-
vitfW at the various public librar-
ies in Monroe County. FI~rid~.
~~~d:~ ~b=~~~~~rs
DANNY l KOLHAGE,
Clerk of the Circuit Court
and ex officio Clerk of the Board
of County Commissioners of
Monroe.County, Florida
Pub6sh December 20. 27,
1997,
Florida Keys:Keynot~r, ,
ePlL
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STA TE OF FLORIDA ;<:-I:r: Go) f.j
"TJ .l> .. 0
COUNTV OF MONROE ~ ~ CJ1 ::v
13<.'1<.))(' the undersigned authority pelson::!lly appc.;lfed Randy G Erickson, who on oath saysCffJatO
he 15 Advel1ising Manager of the Key West Citizen. a daily newspaper published at Key \Vest ill
M o III <1e COlln' y. FI OJid,. I hal I he a" ached copy <1 f 1 he ad vert isemenl, being 'i legal nol ice
In themallerofN.O.-;:I7I(../)It...rJ..4.1l1.J h IJYI Q (i:7-1lA"J/Yl !~
in the rJ Iff COUri, was published in said newspaper in the issues of
iliA.. ?~(y /qq ') 9(/1 2 /99/1
t
Published Dally
Key \Vest, 1'donroe County, Florida 33040
Affiant furiher says that the said The Key \Vest Citizen is a newspaper published at Key West, in
said Monroe County, Florida, and that the said newspaper has heretofore been continuously
published in said Monroe County, Florida, each day (except Saturdays and specified holidays) 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 I year next preceding the first publication of the attached copy of
advertisement; and ailiant 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
adveriist>f11cnt for publ.ication in the said newspaper
l$.I~;;.i"~~', Teresa Gayle Darli~g
~f i:! MY COMMISSION II CC585942 EXPIRES
~;;" ,io.~ September 17, 2000
"it,;,~f.,~~~'~"" BONDED THAU TROY FAIN INSURANCEt INC.
Signature of Affiant
Swom and subscribed before me this 3d
day of J~ J997
- '-j~>>~ . d-/~'
Signature of Not 'y PublIC
I..x pr re') _
flcI',()Il:illy 1<1l0WIl I'r<JdlJ<:(:d IdcllTdicatlon
11'1)(' o!ldclllific:iIIOIl I'r(j(J\J(('d
__0 -11 -ZODG
NOlary Seal
~,\~lrU"" Teresa Gayle DarIng
ttAJ~ MY COM~~~I~~rc;7~~ EXPIRES
',;.., ,-c .",'i" "W,.~<U HlRU TROV FAIN lNSUIWlCE, INt,
't"Hr,,~,"~
NOTICE OF INTENT10NTO CON-
SIDER ADQPl10N OF COUNTY
OlmlNANCE
NOTICE IS "HEREBY GIVEN TO
WHOM IT ~YCONCERNt!lat on
Wednesday; January 14, 1998, at
10:00 AM "at the Harvey Center-Tru-
man School, 1200 Truman Avenue, '
Key West, Monroe County, Florida,
the Board of County Commissioners
of Monroe County, Florida, intends to
consider the adoption of the folloW-
ing County ordinance:
AN,O,RDNANCE PROVIDING FOR
OEFINITIONS; PROVIDING FOR
~!!EXEMPTIONOF THE AS-
~ESSED VALUE OF CeRTAIN IM-
pF\OVEMENTS MADE AFTER THE
EFFe.cmvE .DA TE OF THIS ORDl-
NANce TO' PROPERTIES THAT
AREDESIC,lNATltD-ARCHAEOLOG-
ICAL HlSTORICAL OR ' CULTURAL
LANDMARKS UNDER CHAPTER
9.5, 'ARTICLE VII, MONROE
COUNTY CODE, FROM MONROE
COUNTY AD VALOREM TA't-A-
TION;PROVIDING FOR AN APPLI-
CATION FEE; PROVIDING FOR
THE EXEMPTION 100 PERCENT
OF THE VALUE OF' HISTORIC
PROPERTIES OPEN TO PUBLIC
VISITATION IF CERTAIN IM-
PROVEMENTS ARE MADE AFTER
THE EFFECTIVE DATE OF THIS
ORDINANCE; PROVIDING FOR AN
APPLlCATIONPROCEDUREFOI3
SUCH AD VALOREM TAX exEMf'-
TIONS:f'ROVIDINGFOR REViEW
OF'SUCH APPLlCATIQNS,f3Y THE
DIVISION OF HISToFUC'AL RE-
SOURCES, DEPARTMENT OF
STATE; PROVIDING TME STAN-
DARDS AND PROCEDURE FOR
RECOMMENDATIONS FROM THAT
DIVISION TO THE, BOARD OF
COUNTY COMMISSIONERS: PRO-
VlblNG PROCEDURES AND STAN-
DARDS,WHEREBY THE BOARD
MAY GRANT OR DENY ANY APPLI-
CATION FOR SUCH AD VALOREM
TAX EXEMPTIONS; PROVIDING
FOR STANDARDS AND PROCE-
DURES WHEREBY THE BOARD
MAY REVOKE AN AD VALOREM
TAX EXEMPTION PREVIOUSLY
GRANTED; PROVIDING THAT
BOARO RESOLUTIONS GRANTING
OR REVOKING SUCH AD VALO-
REM TAX EXEMPTIONS BE FUR-
",tSHED TO THE TAX COLJ,J!C10R;
PROVIDING THAT THE PROCE-
DURES OF THISO!'ptNANCE DO
~.
HEREWITH; PROVIDING FOR 'IN-
CLUSION IN THE CODE OFORDI-
NANCES; PROVIDING FOR AN EF-
FECTIVE DATE.
, pursuant to Section 286.0105, Flor-
ida Statutes, notice is given that if a
person decided to appeal any deci.
sionmade by the Board with respect
to any matter considered at suq/l
hearin(js or meetings; he will need a
record of the proceeding~, and that,
for SUch purpose, he may need to en-
sure that a verbatim record of the
proce~ings.is made, which ,record
includes the testimony and evidence
upon which the appeal ,is to be
based' ".".'J;gej ".,,'.
Cople~ of th,e '~ve<it;lJer~!'Iced,ordi-
nance ar. available.tOf..revieWaHhe
various public libraries in Monroe
County, Florida. .
DATED at Key West, this 20th day of
December, '1997.
DANNY L. KOLHAGE
Clerk oUhe Circuit Court and ex offi-
cio Clerk of the Board of County
Commissioners of Monroe Cow'lty,
.Rorlda
December 281\. 1"7 & ,January
2nd. 1988
7~
Serving the Florida Keys
P.O. Box 1197. Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249
STATEMENT OF PROOF OF PUBLICATION
USPS 1905580
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is
PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at
Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad.
IN THE MATTER OF
NOTICE OF INTENTION RE: DEFINITIONS
Was published in said newspaper in the issue 12/25/97 & 1/1/98.
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
newspaper.
&d(~
-
SEAL
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:A f'.) "TJ
SWORN TO AND SUBSCRIBED BEFORE ME THIS 2nd DAY OF JANUARY. 8Br:- 1983 ~
C::;o~ -0
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4~p~
NOTARY PUBLIC
MY COMMISSION EXPIRES:
'f:J,,\~y !JIII,-
~nvt:
*il*
"'''' It
'f~OFF\.a'"
DAVEE R DOVE
Mv Co_~ cc.t31S78
ElCPlr.. Feb. 06. 11199
Bonded by ANB
800-852-5878
NOTICEOIl' INTEN'I'ION 19~
ADOPI1OK OF COUNTY OIIIINANCE
NoncE IS HEREBY GIVEN TO WHOM IT MAY CON-
CERN thalon Wednesday. January 14.1998.allO:OOAM al the Harvey
Cenler- Truman School. 1200 Truman Avenue. Key Wesl. Monroe
CQUJlty. Florida the Board ofCountyCoQlllli.SIiOIlen of Monroe Counly.
~4a. intends 10 coosider lbe adoptioo of the follc.1Win& Counly ordi-
nance: '
~NORDINANCEPROVlDINGFORDEFlNmONS;PROviDlNGFOR
1lIE EXEMPTION OFnfEASSES~Ep V~UE OF CERTAIN 1M-
PROVEMENTSMADE AFTER nmEFFECl1VE, DATE OF nos
ORDINANCE'IOPROPERnESmA T AREDESIGNA~ARCHAE-
.OLOGICAL. HISTORICAL OR CULnJRAL LANDMARKS ONDER
CHAPTER. 9.5. ARTICLE VIII. MONROE COUNTY CODE; FROM
M()NRO~WUNTYAD V ALOREM TAXATION; PRoVIDING FOR
AN APPUCA110NFEE; PROVIDING f'OR.nfE EXEMnlON 100
PERCENT OF mE \1^LUE OF HISTORIC PROPERTIES. OPEN 10'
PUBLlCYISmON IF CERTAIN IMPROVEMENTS AU MAPE AF-
TER THEEFfF.CTIVE DATE OF 1lfIS ORDlNANCE;PROVlDING
FOR ANAPPLlCAnON PkOCEOORJ$ FOR SUCH AD V ALQREtd
TAXEXf,MPl10NS;PROVIDINGFOR REVIEwOPSUCH APPiJet.-
TIONS BY1lIEDIVISION OF HlSOR'J1CJ\L RESOURCES. DEPART-
MENT OF STATE; PROVIDING 1HE STANDARDS AND PROCE-
DUREFOR REC9~ENDATIONS FROM.mATDIVlSIONTO'IHE
'BOARD.OF COUNTY COMMISSIONERS; PROVIDING PROCE-
DURES AND. STANDAJIDS WHEREBY 1lIE BOARD MA YGRANT
OR DENY AN APPlJCATION FOR SUCH AD VALOREM TAX EX-
EMPTIONS; PROVIDING FOR STANDARDS AND PROCEQURES
WEHREBY 1HEBOARDMAY REVOKE AN AD YALOREMTAX
EXF,MPTIONPREVIOUSL YGRANTEI>;PROVIDlNGmAT-BOARD
RESOLUTIONS GRANTING OR REVOKING SUCH A!> VALOltEM
TAX EXEMPTIONS BE FURNISHED 10 THE TAX COLLECTOR;
PROVIDING mAT 1HE PROCEDURES OF THIS ORDINANCE 00
NOTSUPERSEDEANycQUNTY LANDDEVELOptdENTREOULA-
TIONS OR COUNTY ,ORDINANCES. REOUl..Al1NG CONsTRUC-
TION; PROVIDING FOR SEVERABILITY PROVIDING 'FOR1HE
REPEALOP ORDINANCES1NCONSISTENTH~prn:t; PROVID-
INGFOR INCLUSION IN.1HECODEOFORDINANaE$; PROVID-
ING FOR AN EFFECTIVE DATE.
Pursuant to Secliol1286.oJ OS. Florida Slalules. notice is given.
tbat if I pei'Ioodecicks 10 lIpIle8l aRY dec:isionrDade by the BOud with
. . respect to tn' matt.l:rCOlllWerecill tblbeIriIII. be win need' record ofliWJ
proceecIi..aod lbat,(or.... pUrpoICl. be IIIIY needlO~lflIt I
verbIlimrecord of the proc:eedioas .is made. wbicb record includes the
lespmooy and evicleac:1c uponwbicbthe appeal' islO be '-d.
Copifl&of the atKwe-rel~ ~m Ivai. fOr
review ilt the various PubliC Iibnries in Moorockowuy. F1OOda.
[)aIed IlKey We$!. Florida; Ibis 20th day of 1)eeembCr. 1991. :
~
DANNYL KOLHAOE. Clerk of the Circuit Coon
aodnoffidQ Clerltof lbc!'Bctard ofCOllIlly
COmnD~ ofMc;xu;oe COQGly. F10rida
~I.2l.ZSI!l'1'''' lll~
T,... FL:J3070
....01' DfI'IN'I1OIII 'R)C()IgQ)D
AIJOP'l1ON 01' (:OUNTY OIQJIMNCJ
. NOTICE IS HEREBY GIVEN TO WHOM IT MAY CON.
CERN thalonWednesday, January 14. 1998, allO:OO AM atlbe HalVeY
Cen.ter -Truman Sd1ooI, 1200 Truman Avenue. Key Wesl. Monroe
C....y. Fl~da the~. of County eollllniS8iollen of Monroe Counly.
F1llrida. inlenib to c:oosider the adopliollof the followina Counl)' ordi-
nane:e: '
ANORDlNANCEPROVIDINGFORDEFlNlTIONS;PROVIDJN(JFOR
THE EXEMPTION OFTflEASSESSED VALUE Of CERtAIN IM-
PROVEMENTS MADE AFTER nfE EFFEC'IiVE DATE OF THIS
ORDINANCE.TO PROPERTIES 1lf.AT AREDESIGNATEDARCHAE-
OLOGICAL lUSTORICJ\L OR CULnJRAL LANDMARKS UNDER
CHAPI'ER 9.5. ARTICLE VUl. MONROE COUNTY CODE. FROM
MONROE COUNTY AD VALOREM TAXATION; PROVIDING FOR
AN APpliCATION FEE; PROVIDING FOR TflE EXEMPTION 100
PERCENT OF nfE VALUE OF HISTORIC PROPERTIES. OPEN TO
PUBUC VlSITION IF CERTAIN IMPROVEMENTS ARE MADE AF-
TER THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING
FOR AN APPLICATION PROCEDURE FOR SUCH AD VALOREM
TAX EXEMPTIONS; PROViDlf'o{G POR REVIEW OF SUCH APPUCA-
TIONS BY THE DMSION OF HISORTICAL RESOURCES. DEPART-
MENT OF STATE; PROVIDING THE STANDARDS AND PROCE-
DURE FOR RECOMMENDATIONS FROM THATDMSIONTO 1HE
BOARD OF COUNTY COMMISSIONERS; PROVIDING PROCE-
DURES AND STANDARDS WHEREBY THE BOARD MAY GRANT
OR DENY AN APPLICATION FOR SUCH AD VALOREM TAX EX-
EMPTIONS; PROVlDINO FOR STANDARDS AND PROCEDURES
WEHREBY 1lfE BOARD MAY REVOKE AN AD VALOREM TAX
EXEMPTION PREVIOUSL YORANTED;PROVIDINOTflATBOARD
RESOLUTIONS GRANTING OR REVOKING SUCH AD VALOREM
TAX EXEMPTIONS BE roltJllISHED TO 1HETAX COLLECTOR;
PROVIDING THAT THE PROCEDURES Of THIS ORDINANCE 00
NOT SUPERSEDE ANY COUNTYLANDDEVELOPMENTREOULA-
'OONS OR COUNTY ORDINANCES REOUJ"ATING CONSTRUC-
TION; PROVIDING FOR SEVERABILITY PROVIDING FOR nfE
REPEAL OF ORDINANCES INCONSISTENTHEREWI'tH; l>ROVID-
ING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVID-
ING FOR AN EFFECTIVE DATE.
Pursuanllo Sectioo 286.01 05. F10rida Slatutes. notiCe is given
thaI if a person decides 10 appeal any Clcc:i8io11made by the 808nt with
~p,ec.l;IO~)',~~~~~..;bf.!~..~ofthe
~lIgs.apjI, Ibal. for such plJrpo$e.be may. 10. ensure thai a
verblltiIDrecord of the proceedings is made. which record incl.s the
leslimony ,and evidence upon wbich the appeal is to be based.
.Copi~ of. the lbove-referencedQrdinancem avan.ble for
review at the various public; libraries in Monroe Counl)', F1OOda,
Daled at Key West. F1OOda. this 20th day of December. 1991.
,~~
DANNY L. KOLHAGE. Clerk of the Circuil Court
and ex officio Clerk of the BOlIfd of County
Cornmissioners.of Monroe Counl)'. F10rida
Publisbed: 12125197 and 111198
Tavemiel. ~'L. 33070
:'1f01.'1~~- 0_'"".
--:'iw.w.......f'
----
......~....
................. ....
.............----_. "'-" , --',',','
,."
g>(}->
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that
he is Advertising Director of the Key West Citizen, a daily newspaper published at Key West in
Monroe County, Florida, that the attached copy of the advertisement, being a legal notice in the
matter of 1\ I A ~_L I
~ v~ \[o.lv...t..~ ~~
0.1.1
~
'2 \9Cl\
Court, was ~blished in said newspaper in the issues of
~ ~)\ C{~
In the
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, each day (except Saturdays and specified holidays) and has been
entered as second-class mail matter a 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 ;f ~ ,;S
advertisement for publication in the said newspaper. . $' ~~
S(gnature of Affiant
Sworn and subscribed before me this s=day of .[~ ' 1998
~ure ::!ootpub~'
Notary Seal
Expires: September 17th, 2000
Personally Known X Produced Identification
Type of Identification Produced
~'\rJ.~I'~""
l~~'.""~n-> . Teresa 6ayIe n.ofI_
~ 'j;} ~nv ~"Mi~~~~b:r~~~if:rEXIWs
, ,fl9HDIP TJoII!lI TAQy'NN I~.
-
NOTICE OF INTENTION TO CON-
SIDERADOPllON OIl COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
- Wednesday, January 14, 199$, at
10:00 AM at the Harvey Center-Tru-
man School, 1200 Truman Avenue,
Key W~t, Monroe County, .Florlda,
the Board of County Commissioners
of Monroe County, Florida, intends to ~ J
consider the adoption. of the follow- ,
ing County ordinance: .
AN ORDNANCE PROVIDING FOR i
DEFI~ITIONS; PROVIDING FOR'
THE EXEMPTION OF THE AS-
SESSEOYALUE.OF CERTAIN IM-
PROVEMENTStMOE. AFTER THE
EFFECTIVE DATE OF THIS ORDI- I
NANCE TO PROPERTIES THAT
AREDeSIGNATEDARCHAEOLOG-
lGAL HISTORICAL ORCUL TURAL
LANDMARKS UNpER CHAPTER
9.5, ARTICLE VII, MONROE
COUNTY CODE, FROM MONROE
COUNTY AD VALOREM TAXA-
TION; PROVIDING FOR AN APPLI-
CATION FEE; PROVIDING FOR
THE EXEMPTION 100 PERCENT
OF ~E VALUE OF HISTORIC
PROPERTIES OPEN TO PUBLIC
VISITATION IF CERTAIN IM-
PROVEMENTS AR~ MADE.AFTER
THE. EFFECTIVE DATE OF THIS
ORDINANCE; PROVIDING FOR AN
APPLICATION PROCEDURE FOR
SUCH AD VALOREM TAX EXEMP-
TIONS; PROVIDING FOR REVIEW
OF SUCH,APPLICATlONS,i3Y THE
DMSIO~ ; '/OF HtSTOAlCAL RE-
se'nJRCI;'$;; DEP~tt.tENT OF
STATE; PROVIDING THE STAN-
DARDS'AND .PROCEDURE FOR
RECOMMENDATIONS FROM THAT
DIVISION TO THE BOARD OF
COUNTY COMMISSIONERS;. PRO-
VIDING PROCEDURES AND STAN-
DARDS WHEREBY THE BOARD '
MAY GRANT OR DENY ANY APPLI-
CATION FOR SUCH AD VALOREM
TAX EXEMPTIONS; PROVIDING
FOR STANDARDS AND PROCE-
DURES WHEREBY THE BOARD
MAY REVOKE AN AD VALOREM
TAX EXEMPTION PREVIOUSLY
GRANTED; PROVIDING THAT
BOARD RESOLUTIONS GRANTING
OR REVOKING SUCH AD VALO-
REM TAX EXEMPTIONS BE FUR-
NISHED TO THE TAX COLLECTOR;
PROVIDING THAT THE PROCE-
DURES OF THIS ORDINANCE DO
NOT SUPERSEDE ANY COUNTY
LAND DEVELOPMENT REGULA-
TIONS OR COUNTY ORDINANCe:S
REGULATING CONSTRUCTION;
PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEALOF
ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR IN-
CLUSION IN THE CODE OF ORDI-
NANCES; PROVIDING FOR AN EF-
FECTIVEDATE.
Pursuant to Section 286.0105, Flor-
ida Statutes, notice is given that if a
person decided to appeal any deci-
sion made by the Board with respect
to any matter considered at such
hearings or meetings, hewlll need a
record ofthe ,proceedings, and that,
for such purpose, he may need to en-
sure that a verbatim record of the
proceedings is made, which record
includes the testimony and evidence
upon which the appeal is to be
based.
Copies of the above-referenced ordi-
nance are available for review at the'
various publiC libraries in Monroe
County, Florida.
DATED at Key 'Nest, this 20th day.of
December, 19.97. '
DANNY L KOLHAGE
Clerk of the Circuit Court and ex offi-
cio Clerk of the Soard of County
Commissioners of Monroe County,
Florida
December 26th, 1997 & January
2nd. 1998