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Ordinance 021-2013ORDINANCE NO. 021 — 2013 AN ORDINANCE AMENDING CHAPTER 23 OF THE MONROE COUNTY CODE, SPECIFICALLY ARTICLE III. BUSINESS TAX; AMENDING SECTION 23 -78; REMOVING THE REQUIREMENT THAT EACH BUSINESS TAX PAYER BE ISSUED A PAPER RECEIPT; PROVIDING THAT THE RECEIPT WILL BE AVAILABLE ONLINE OR ON REQUEST; REMOVING THE REQUIREMENT THAT THE RECEIPT BE POSTED AT THE PLACE OF BUSINESS; AMENDING SECTION 23 -111; REMOVING THE REQUIREMENT THAT CERTAIN VENDING MACHINES DISPLAY BUSINESS TAX PAYMENT ON A STICKER OR DECAL; REQUIRING DELIVERY OF THE ORDINANCE TO THE TAX COLLECTOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 23 Article III of the Monroe County Code provides for taxation of businesses and, more specifically, the issuance and display of business tax receipts; and WHEREAS, Section 23 -78 currently requires that the tax collector must issue a paper receipt for each business tax paid and that said receipt must be displayed at the taxpayer's place of business; and WHEREAS, Section 23- 111(c) currently requires that certain vending machines subject to the business tax display a sticker or decal showing that the tax has been paid; and WHEREAS, the Monroe County Tax Collector provides these business tax receipts, stickers, and decals at the County's expense; and WHEREAS, elimination of the paper business tax receipts and the stickers and decals is estimated to annually save the County $41,645.00 and $495.00, respectively; and WHEREAS, the reduction in generated paper products contributes to county, state, and national goals of conservation, environmental care, and waste reduction; and WHEREAS, the Monroe County Tax Collector and the Board of County Commissioners find it highly desirable to remain fiscally and environmentally responsible in their respective duties to the County; Ord Amend Bus Tax Receipt BOCC 5 /15 /13(Clean KP) Page 1 of 3 NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida: SECTION 1. Monroe County Code, Chapter 23, Article III, Sec. 78 is hereby amended to read as follows: Sec. 23 -78. — Forms, etc. The county must furnish the necessary forms to the tax collector. The tax collector must fill out and validate a receipt and inform the taxpayer that the receipt will be available online or upon request. The tax collector shall update the online records of the receipts within a reasonable time after each payment. SECTION 2. Monroe County Code, Chapter 23, Article III, Sec. 111 is hereby amended to read as follows: Sec. 23 -111. — Vending machines (a) Any person who operates for a profit, or allows to be operated for a profit in his place of business or on his property, any of the following vending machines must pay a business tax according to this schedule, unless exempted by subsection (b) of this section. (1) Merchandising vending machines. The fee shall be $15.00 for each machine. However, when any merchandise vending machine is located in and operated only in a place of business for which tax has been paid for trading, buying, bartering, serving or selling tangible personal property under this chapter or other ordinance of the county, the tax is $6.00 for each machine. (2) Merchandising vending machine operators. The fee shall be $150.00 for the privilege of engaging in such business, and must further pay an annual tax of $1.50 for each machine. (3) Service vending machines. The fee shall be $15.00 for each machine. As used herein the term "service vending machine" shall include, but not be limited to, machines that sell internet access for a fee. (4) Service vending machine operators. The fee shall be $281.25 for the privilege of engaging in such business, and must further pay an annual tax of $3.60 for each machine. (c) Whenever the tax collector finds any vending machine required to be taxed under this section operating without the current tax paid, he must attach a notice of delinquent taxes to the machine. Any person who removes a notice of delinquent taxes, or who removes any money from the machine before the taxes are paid, is guilty of an offense. Ord Amend Bus Tax Receipt BOCC 5/15/13(Clean KP) Page 2 of 3 SECTION 3. DELIVERY TO THE TAX COLLECTOR. The Board of County Commissioners, by and through the Clerk, shall deliver a copy of this Ordinance to the Tax Collector so that the proper procedures and changes may be implemented. SECTION 4. 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 a 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 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. 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 15th day of May , 2013. Mayor Neugent Yes Mayor Pro Tem Carruthers Yes Commissioner Murphy Yes Commissioner Rice Yes Commissioner Kolhage Yes (SEAL) Attest: AMY HEAVILIN, Clerk Deputy Clerk w N r° ]l= _ 0- e L BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By A j�!V- Z- M George Neu gent NJO,Ni;OE COUNTY ATTORNEY APPROV AST FORM; `� SUSAN M. SLEY ASSIST COU Y ATTORNEY Ord Amend Bus Tax Receipt BOCC 5 /15 /13(Clean KP) Page 3 of 3 REQUIRING DELIVERY OF Ad#471165 THE ORDINANCE TO THE THE REPORTER TAXCOLLECTOR; PRRE-D- NOTICE OF INTENTION TO ING FOR SEVERABILITY; CONSIDER ADOPTION OF PROVIDING FOR THE RE- COUNTY ORDINANCE PEAL OF ALL ORDINANCES P.O. Box 1197, Tavernier, Fl 33070 INCONSISTENT HEREWITH; 92655 Overseas Hwy,Tavernier Fl 33070 NOTICE IS HEREBY TO WHOM ITMAY CON-EN AND TIVE DATE.PROVIDING AN EFFEC- Phone 305- 852-3216, Fax 305- 852-0199 CERN that on May 15,2013 at 3:00 P.M.,or as soon there- Pursuant to Section 286.0105, after as may be heard,at the Florida Statutes,notice is giv- • PROOF OF PUBLICATION Murray E.Nelson Govern- en that if a person decides to Govern- ment Center,102050 Over- appeal any decision made by seas Highway,Mile Marker the Board with respect to any 102,Key Largo,Monroe matter considered at such STATE OF FLORIDA County,Florida, the Board of hearings or meetings,he will County Commissioners of need a record of the proceed- COUNTY OF MON ROE Monroe County, Florida, ings,and that,for such pur- Before the undersigned authority personally appeared intends to consider the adop- pose,he may need to ensure tion of the following County that a verbatim record of the WAYNE MARKHAM who on oath, says that he is ordinance: proceedings is made,which PUBLISHER of the THE REPORTER, a weekly record includes the testimony newspaperpublished in Tavernier, in Monroe AN ORDINANCE AMENDING and evidence upon which the CHAPTER 23 OF THE MON- appeal is to be based. County, Florida: that the attached copy of ROE COUNTY CODE, in said newspaper in the SPECIFICALLY ARTICLE III. . ADA ASSISTANCE:If you advertisement was publishedBUSINESS TAX; AMENDING are a person with a disability issues of: (date(s)of publication) SECTION 23-78;REMOVING who needs special accom- /� pateTHE REQUIREMENT THAT modations in order to partici- O'\J, EACH BUSINESS TAX PAY- pate in this proceeding, / ER BE ISSUED A PAPER please contact the County RECEIPT; PROVIDING THAT Administrator's Office,by THE RECEIPT WILL BE phoning(305)292-4441,be- AVAILABLE ONLINE OR ON tween the hours of 8:30 a.m. REQUEST; REMOVING THE -5:00 p.m.,no later than five REQUIREMENT THAT THE (5)calendar days prior to the Affiant further says that the said THE REPORTER is RECEIPT BE POSTED AT scheduled meeting; if you Ta newspaperpublished at Tavernier, in said Monroe AMENDINGHE PLACE E BUSINESS; are hearing call o voice � SECTION 23-111; impaired, "711". County, Florida, and that the said newspaper has REMOVING THE REQUIRE- MENTheretofore been continuouslypublished in said THAT CERTAIN VEND- Dated at Key West, Florida, ING MACHINES DISPLAY this 17th day of April,2013. Monroe County, Florida, each week (on Friday) and BUSINESS TAX PAYMENT has been entered as a second class mail matter at the ON A STICKER OR DECAL; AMY HEAVILIN,Clerk of the Circuit Court and ex officio post office in Tavernier, in Monroe County, Florida, CONTINUED IN NEXT COLUMN Clerk of the Board of County for a period of one year next preceding the first Commissioners of Monroe County,Florida publication of the attached copy of advertisement. The affiant further says that he has neither paid nor Published April 26,2013 promised anyperson, firm, or corporation anyThe Reporter 1P Tavernier,FL 33070 discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The THE REPORTER is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. 0,4 Wayne Ma am, Y„7/1-7_/— er 0 • w !' Sworn o and subscribe before me this oe6 Day of _ ,2013 (SEAL) — �t CT /5/7f(ill/(9alr — _-_-— Notary "4 :? p '1 W r— CYO. - o .?? tv BEVERLY TRAEGER ifi% ;.,. MY COMMISSION#DD 969749 '•'=..r��..a EXPIRES:April 18,2014 1;a gip'- Bonded Thru Notary Public Underwriters Ad#471034 FL 0 R I D A KEYS NOTICE OF INTENTION TO _ — CONSIDER ADOPTION OF COUNTY ORDINANCE - NOTICE IS HEREBY GIVEN r-0 RECORD TO WHOM IT MAY CON- CERN Published Twice Weekly3:00 Mat on May 15, e at 3:00 P.M.,or as soon there- Marathon, Monroe County, Florida 9 y Y4 after as may be heard,at the 2013 MAY I f p i'!q 3: 3tMurray E.Nelson Govern- ment Center,102050 Over- PROOF OF PUBLICATION seas Highway,Mile Marker 102,Key Largo,Monroe t.L ERtt CIR.CT. County,Florida, the Board of !wi%,. )7 n n!I3 T y ' County Commissioners of STATE OF FLORIDA myMonroe County,Florida, intends to consider the adop- CO U NTY OF M O N RO E tion of the following County Before the undersigned authority person- ordinance: ally appeared WAYNE MARKHAM who on AN ORDINANCE AMENDING oath, says that he is PUBLISHER of the ROE CHA TER 23 OFCODE,THE MON- FLORIDA KEYS KEYNOTER, a twice SPECIFICALLY ARTICLE III. weekly newspaper published in Marathon, I BUSINESS TAX; ENDING SECTION 23-78; REMOVING in Monroe County, Florida: that the THE REQUIREMENT THAT EACH BUSINESS TAX attached copy of advertisement was ER BE ISSUED A PAPER PAY published in said newspaper in the issues RECEIPT; PROVIDING THAT of: (date(s) of publication) THE RECEIPT WILL BE AVAILABLE ONLINE OR ON { 70, ^0 REQUEST; REMOVING THE (1,4A.L., 7 oCJ- REQUIREMENT THAT THE RECEIPT BE POSTED AT THE PLACE OF BUSINESS; AMENDING SECTION 23-111; REMOVING THE REQUIRE- MENT THAT CERTAIN VEND- MACHINES DISPLAY Affiant further says that the said FLORIDA BUSINESS TAX PAYMENT KEYS KEYNOTER is a newspaper published ON A STICKER OR DECAL; EQUIRING at Marathon, in said Monroe County, THE ORDINANCE TO THEF Florida, and that the said newspaper has TAX COLLECTOR; PROVID- heretofore been continuously published in ING FOR SEVERABILITY; PROVIDING FOR THE RE- said Monroe County, Florida, twice each PEAL OF ALL ORDINANCES (on Wednesdayand Saturday) and INCONSISTENT HEREWITH; week AND PROVIDING AN EFFEC- has been entered as a second class mail TIVE DATE. matter at the post office in Marathon, in Pursuant to Section286.0105, Monroe County, Florida, for a period of Florida Statutes,notice is giv- oneyear next precedingthe first en that if a person decides to appeal any decision made by publication of the attached copy of the Board with respect to any matter considered at such advertisement. The affiant further says hearings or meetings,he will that he has neither paid nor promised any need a record of the proceed- person, firm, or corporation any discount ings,and that,for such pur- pose,he may need to ensure rebate, commission or refund for the that a verbatim record of the prpurpose of securing this advertisement for record includesc is made, tim which record the testimony publication in the said newspaper(s) and and evidence upon which the that The Florida Keys Keynoter is in full appeal is to be based. compliance with Chapter 50 of the Florida ADA ASSISTANCE: If you are a person with a disability State Statutes on Legal and Official who needs special accom- Advertisements. modations in order to partici- pate in this proceeding, please contact the County ���u Administrator's Office,by phoning(305)292-4441,be- tween the hours of 8:30 a.m. Sworn to a sub cribed before me -5:00 p.m.,no later than five (5)calendar days prior to the this oZO D Of 69✓C.L.Z- , 2013 scheduled meeting; if you (SEAL) are hearing or voice impaired,call"711". !�- I Dated at Key West, Florida, irn"171-17C,.-A / ^" BEVERLY TRAEGER I this 17th day of April,2013. ;•: ilh :.: MY COMMISSION#DD 969749 AMY HEAVILIN,Clerk of the Notary a .;a.° EXPIRES:April 18,2014 o:n;r,, Bonded Thru Notary Public Underwriters Cl Court and exofficio Cleerkrk County the Board of County ..."m`, Commissioners of Monroe County,Florida Published April 20,2013 m,,,i,i.I(avc KAvnoter NOTICE OF INTENTION TO CONSIDER ADOPTION OF P p "-V 0.7 1INANGF NOTICE IS HEREBY GIVEN TO K' STATE OF FLORIDA WHOM IT MAY CONCERN that on May 15,2013 at 3:00 P.M.,or COUNTY OF MONROE as soon thereafter as may be wows E"�'�76 heard,at the Murray E.Nelson S, LLC Government Center,102050 Overseas Highway,Mile Marker Before the undersigned authority personally appeared Randy G. Erickson, 102,Key Largo,Monroe County, who on oath says that he is Vice-President of Operations of the Key West Florida,the Board of County Commissioners of Monroe ,7 Citizen, a daily newspaper published in Key West, in Monroe County, County, Florida,intends to consider the Florida; that the attached copy of advertisement, being a legal notice in the adoption of the followin��n 0 matter of ordinance: AN ORDINANCE AMENDING P e 6 •Ji1t.l eN� -}U �,�5,JC,2 () v,J CHAPTER 23 OF THE MONROE COUNTY CODE,SPECIFICALLY 0 P_V IjvA C e A eNa Lti CC e ARTICLE III. BUSINESS TAX; 4 AMENDING SECTION 23-78; J REMOVING THE REQUIREMENT was published in said newspaper in the issue(s) of THAT EACH BUSINESS TAX PAYER BE ISSUED A PAPER 'I (� ; I ` �d RECEIPT;PROVIDING THAT AT I` I . THE RECEIPT WILL BE AVAILABLE ONLINE OR ON REQUEST;REMOVING THE Affiant further says that the Key West Citizen is a newspaper published in REQUIREMENT THAT THE Key West, in said Monroe County, Florida and that the said newspaper has RE PLACE OF BUSINESS; s heretofore been continuously published in said Monroe County, Florida every AMENDING SECTION 23-111; day, and has been entered as second-class mail matter at the post office in Key REMOVING THE REQUIREMENT West, in said Monroe County, Florida, for a period of 1 year next preceding THAT MACHINES ID SPLAY VENDINGN :ES publicationcopy the first of the attached of advertisement; and affiant further BUSINESS says that he has neither paid nor promised any person, firm or corporation any TAX PAYMENT ON A STICKER OR DECAL;REQUIRING discount, rebate, commission or refund for the purpose of securing this DELIVERY OF THE advertisement for publication in the said newspaper. ORDINANCE TO THE TAX COLLECTOR; k/141 " PROVIDING FOR SEVERABILITY;PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT Signature of Affiant HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, "-) n � Florida Statutes, notice is given n Sworn and subscribed before me this L / � `day of ✓� .. I , 2013 that if a person decides to appeal . any decision made by the Board with respect to any matter DAWN KAWZINSK considered at such hearings or ,O,NhRY,t meetings,he will need a record of Notary Public: N�1RY PUBLIC the proceedings,and that,for 'SMTE O FLMDP •n g such � � � fs.com �1'"?Cm#E1573 r= rl purpose, he may need to ensure ` """`.'I` 84NCE 1919 EX�tqS 1/4/2e, ni that a verbatim record of the 1 .,;� proceedings is made,which v _� record _ Y1 includes the testimony and w evidence upon which the a Dawn Kawzinsky is pees' Expires: 1/4/16 Notary 5 1 a 7a 3 rn to be based 7 C) C? O T =ii Personally Known x Produced Identification r- �w at Type of Identification Produced ADA ASS/STANCE./fyou are a Person with a disability who needs special accommodat/ons in order to participate in this proceeding p/ease contact the County Administrator's Office,by phoning (305)292-4441 between the hours of8.3Oam. -5•0Opm,no later than five(5)calendar days prior to the scheduled meeting,if you are hearing or voice impaired.ca//'711" Dated at Key West, Florida,this 17th day of April,2013. AMY HEAVILIN,Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida April21,2013 AMY REAVILIN, CPA CLERK OF CIRCUIT COURT 8 COMPTROLLER MOIIROE COUNTY, FLORIDA May 29, 2013 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 70121010 0003 4990 5200 Dear Ms. Cloud, Enclosed please find a certified copy of Ordinance No. 021 -2013 amending Monroe County Code Chapter 23, Article III, Section 23 -78, Forms, etc. and Section 23 -111, Vending machines, in order to eliminate the issuance of paper business tax receipts and stickers and decals, as well as remove the requirements that the aforementioned receipts be displayed at the place of business or on the vending machines. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on May 15, 2013. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Amy Heavilin, CPA, Clerk of the Circuit Court and ex officio Clerkof the Board of County Commissioners by: Pamela G. Hancock, D. C. cc: County Attorney via e -mail Growth Management via e-mail Tax Collector via e-mail Municipal Code via e-mail 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax. 305 -295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305- 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146 O �• gmrrl ru Ln O cr ir Posta $li ! N E S T , M Certified Fee 2 1 ( � O R R qt Fe; 41 Po stmark C7 (Endorsement Re wired O 1 b Restricted Delivery Fee /,� O O (Endorsement Required) ra rya Total Postaiiygq qr m ist at r � pS ru Sent To `'`�� ra __________ __ R,A. Gray Building S " or POBox South Bronoug tre h Set city stale, z�P +4tfah - a - 99 u°"ftOr d 52-399- E�2�5©---- - - - - -- ■ • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street - Tallahassee, Florida 32399 -0250 A. signature x DEPT. OF ST o Addresses B. Received ky, T1 �N J address C. Date of Delivery D. Is delivery different from item 11 ❑ Yes If YES, enter delivery address below: ❑ No 3. Type i Certified Mail ❑ Express Mail , ❑ Registered ❑ Retum Receipt for ❑ Insured Mail ❑ C.O.D.' b Z I 4. Restricted Delivery? (Ezra Fee) ❑ Y 2. Article Number — - - - -- (ransfer ftm service laneq ?012 1210 0003 4 9 9 3 5200 PS Form 3811, February 2004 Domestic Return Receipt Owrw�yrp FLORIDA DEPARTMENT 0 STATE RICK SCOTT Governor June 5, 2013 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Ms. Heavilin: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 29, 2013 and certified copy of Monroe County Ordinance No. 021 -2013, which was filed in this office on June 5, 2013. Sincer ly, Ib U00-OL.-S Liz Cloud Program Administrator LC /elr •� C "+7 C- w r— �` co CZ) T . v R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.tl.us