Ordinance 033-2012 ORDINANCE NO. 033 -2012
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AMENDING SECTION 23- 200(a)(2)a. OF THE MONROE COUNTY CODE, PART
OF THE TOURIST DEVELOPMENT PLAN, TO ADD AQUARIUMS TO THE LIST OF
FACILITIES FOR WHICH THE THIRD AND FOURTH PENNY OF TOURIST DEVELOPMENT
TAXES MAY BE SPENT; 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, in April 2012, the Florida Legislature passed Ch. 2012 -180, amending Florida
Statutes Section 125.0104(5)(a)1. to add aquariums to the list of facilities for which tourist development
taxes may be spent; and
WHEREAS, Ch. 2012 -180 became effective on July 1, 2012;
WHEREAS, it is desirable to amend the Monroe County tourist development plan to parallel the
state statute; and
WHEREAS, under Section 23 -203 of the Monroe County Code, an affirmative vote of the
majority plus one of the Board of County Commissioners is required in order to amend the tourist
development plan.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Section 23- 200(a)(2)a. of the Monroe County Code is hereby amended to
read as follows:
(2) The third cent and the fourth cent of the four -cent tax shall be spent:
a. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate
or promote one or more publicly owned and operated convention centers, sports
stadiums, sports arenas, coliseums, auditoriums, or aquariums, within the
boundaries of the county or sub - county taxing district in which the tax is levied.
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Section 2. If any section, subsection, sentence, clause, or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances in the County of Monroe, Florida, as additions or amendments thereto.
Section 5. 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 said
Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 17 day of October 2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
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Commissioner George Neugent Yes
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Commissioner Heather Carruthers Yes
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Commissioner Sylvia J. Murphy Yes
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(SEAL) BOARD OF COUNTY COMMISSIONERS c.n
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Attest: DANNY L. KOLHAGE, Clerk MONROE COUNTY, FLORIDA
(-7 / 1 .
By: Mayor /Chairperson
By: Deputy Clerk
MONROE COUNTY ATTORNEY
AP''OVE; AS TO FORM
Ci NTHIA L. FAL
ASSISTA T COUNTY ATTORNEY
Date _____
2
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
500 WHI'I'EFIEAD STREET, SUITE 101 ' couNr yc o ' PLANTATION KEY
KEY WEST, FLORIDA 33040 /� : 4' ; � P GOVERNMENT CENTER
TEL. (305) 294 -4641 j * - 7v'� * •• 88820 OVERSEAS HIGHWAY
FAX (305) 295 -3663 / / ;. . ; , ;ql�' ? . PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
BRANCH OFFICE: h E couNri f 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
October 29, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7012 1010 0003 4990 5057
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 033 -2012 amending Section
23- 200(a)(2)a. of the Monroe County Code, Part of the Tourist Development Plan, to add
aquariums to the list of facilities for which the third and fourth penny of Tourist Development
Taxes may be spent; providing for severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on October 17, 2012. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: MuniCode via e -mail
County Attorney via e
TDC via e -mail
File
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1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
Program Administrator
Administrative Code and Weekly
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500 South Bronough Street
Tallahassee, Florida 32399 -0250 3 loerype
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 6, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated October 29, 2012 and certified copy of Monroe County Ordinance No. 033 -2012, which was filed in
this office on November 6, 2012.
Sincerely,
Liz Cloud
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
NOTICE OF INTENTION TO
CONSIDER
ADOPTIOP:OF CCJNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that ~WEs STATE OF FLORIDA
on October 17,2012 at 3:00 P.M.,
or as soon thereafter as may be Eat ISM COUNTY OF MONROE
heard,at the Harvey LC
Government Center,1200
Truman Avenue,Key West, Before the undersigned authoritypersonallyappeared RandyG. Erickson,
Monroe County,Florida,the g pp
Board of County Commissioners who on oath says that he is Vice-President of Operations of the Key West
of Monroe County, Florida, intends Citizen, a daily newspaper published in Key West, in Monroe County,
to consider the adoption of the
following County ordinance: Florida; that the attached copy of advertisement, being a legal notice in the
AN ORDINANCE BY THE matter of r o
v -,�
BOARD OF COUNTY a ' rw r
COMMISSIONERS OF MONROE CI oA-) (3� Cov./0 02 J , /lJ�t� O
COUNTY,FLORIDA AMENDING
SECTION 23-200(a)(2)a.OF THE I �1
MONROE COUNTY CODE,PART 1" l�')eN Se Gt o Z Z -z6601)(Z)A
OF THE TOURIST
DEVELOPMENT PLAN,TO ADD - 3 rn
AQUARIUMS TO THE LIST OF waspublished in said newspaper er in the issue(s) of ,x; t
FACILITIES FOR WHICH THE
THIRD AND FOURTH PENNY OF ,�-
TOURIST DEVELOPMENT Sek 2 S, 2O ) Z •J O
TAXES MAY BE SPENT; "
PROVIDING FOR
SEVERABILITY;PROVIDING Affiant further says that the Key West Citizen is a newspaper published in
FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT Key West, in said Monroe County, Florida and that the said newspaper has
HEREWITH:PROVIDING FOR • heretofore been continuously published in said Monroe County, Florida every
INCORMONROE
COUNTYU INTOOTHE
Oday, and has been entered as second-class mail matter at thepost office in Key
CODE OF
ORDINANCES;PROVIDING FOR West, in said Monroe County, Florida, for a period of 1 year next preceding
AN EFFECTIVE DATE. the first publication of the attached copy of advertisement; and affiant further
Pursuant to Section 286.0105, says that he has neither paid nor promised any person, firm or corporation any
Florida Statutes,notice is given discount, rebate, commission or refund for the purpose of securing this
that if a person decides to appeal
any decision made by the Board advertisement for publication in the said newspaper.
with respect to any matter
considered at such hearings or
meetings,he will need a record of
the proceedings,and that,for such
purpose, he may need to ensure
that a verbatim record of the sk Signature of Affiant
proceedings is made,which
record
includes the testimony and
evidence upon which the appeal is Sworn and subscribed before me this 2 day of /n &\_. , 2O12
to be based.
ADA ASS/STANCE/f you are a
person with a disability who needs Notary Public: �oRY,I, DAWN KAWZINSKY
special accommodations in order a• ep NOTARY PUBLIC
to participate in this proceeding. og ;x" . `�ST,ATE OF FLORIDA
please contact the County i2 Comm#EE157233
Administrator's Office,by phoning •ONCE tq~Q Expires 1/4/2016
(305)292-444 t, between the
hours of 8.30 a.m. -5.00 p.m.,no
later than five(5)calendar days
Dawn Kawzinsky
prior to the scheduled meeting, if
you are hearing or voice impaired Expires: 1/4/16 Notary Seal
ca//'711':
Dated at Key West. Florida,this
21st day of September,2012. Personally Known x Produced Identification
DANNY L.KOLHAGE, Type of Identification Produced
Clerk of the Circuit Court
and ex officio Clerk of the Board of
County Commissioners of Monroe
County, Florida
September 28,2012