Item M13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 20 November 2002
Division:
Growth Management
Bulk Item: Yes.-X- No
Department"
Marine Resources
AGENDA ITEM WORDING:
Approval to advertise a public hearing in consideration of an ordinance to impose a Monroe County Vessel
Registration Fee pursuant to Section 328.66.
ITEM BACKGROUND:
Florida Statutes 328.66 allows Counties to impose an additional vessel registration fee of up to 50 percent of the
amount of normal boat registration fees paid to the state as defined in Section 328.72, F.S. At the same time the
statute requires that $1.00 of the additional fees must be paid into the state Manatee Trust Fund. For
recreational vessels under 26 feet in length, the amount of the boat registration fee paid to the state is $18.50.
Thus, this ordinance would impose an additional $9.25 for each vessel of this class registered in Monroe
County. One dollar of this amount would be paid to the Manatee Trust fund, leaving the County with $8.25.
The estimated total amount of funds generated through this ordinance is $225,000. Fees will be utilized for
making water quality improvements or other actions allowed under the Statute related to boating activity.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
ST AFF RECOMMENDATIONS;
Approval
None
BUDGETED: Yes
No
TOTAL COST:
COST TO COUNTY: None
REVENUE PRODUCING: Yes .-X- No
AMOUNT Per Month
Year $225.000
Tim
Risk Management NA.
APPROVED BY: County Atty .-X-
rowth Management
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included .-X-
To Follow _ Not Required
/
I
ftJ i .~
- --
DISPOSITION:
AGENDA ITEM NO.:
BC021 130
10/30/02 I: 10 PM
NOV-01-02 11,08 FROM,MONROE COUNTY ATTY OFFICE ID,3052823516
PAGE
1/3
Marine Resources
ORDINANCE NO -2002
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, PURSUANT TO SEC. 328.66, F.S., IMPOSING A MONROE COUNTY veSSEL
REGISTRATION FEE; PROVIDING FOR THE AMOUNTS OF THE VESSEL REGISTRATION
FEE; PROVIDING FOR THE COLLECTION OF THE VESSEL REGISTRATION FEE BY THE
MONROE COUNTY TAX COLLECTOR; PROVIDING FOR THE PURPOSES FOR WHICH
THE VESSEL REGISTRATION FEE MAY BE SPENT; PROVIDING THAT THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS MAY ENTER INTO INTERLOCAL
AGREEMeNTS WITH THE MONROE COUNTY MUNlClPALmES FOR THE DISTRIBUTION
OF THE veSSEL REGISTRATION FeE AMONG THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE MUNICIPALmES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF AU. ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES: AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Monroe County, the Florida Keys contains one of the longest shorelines in the State of
Florida; and
WHEREAS, the waters surrounding the Florida Keys contain extensive and valuable shallow water
resources worthy of protection; and
WHEREAS, boating activity in the Florida Keys is extensive, with over 25,000 registered vessels and an
unknown, but comparably large number of out-of-County boaters; and
WHEREAS, it is the County's desire to protect its shallow marine resources and to provide for safe
access of boaters to waters of the County and for safe passage of boaters through the waters of the County; and
WHEREAS, Sec. 328.66, F.S., allows Counties to levy a County vessel registration fee in addition to
those described in 328.72, F.S.
WHEREAS, the revenue generated by a County vessel registration fee could be used to support the No
Discharge Zone in the state waters of the County to provide funds for vessel mooring fields and additional pump-
out facilities; or to support other boater related projects involving water quality improvements; or to support other
boating improvements such as channel marking, regulatory zones, and boating access areas; now. therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
NOV-01-02 11,09 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
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Section 1. Imposition of County annual. vessel registration fee.
a.) Pursuant to Sec. 328.66(1). Monroe County hereby imposes an annual registration fee on
vessels registered. operated or stored in the water within Monroe County, Florida. The fee shall be fifty (50%)
percent of the applicable state registration fee. However, the first One ($1.00) Dollar of every County registration
fee imposed pursuant to this ordinance shall be remitted to the state for deposit in the Save the Manatee Trust
Fund created within the Fish and Wildlife Conservation Commission,
b.) As authorized by Part II, Chapter 328, F.S., the Monroe County Tax Collector shall collect the
County annual vessel registration fee imposed by this ordinance and remit the fees to the County and the state
as provided by law. Provided, however, the Tax Collector shall not be required to collect the County annual
vessel registration until three (3) months after the effective date of this Ordinance.
Section 2. Use of the Countv annual vessel regiStratioo fee.
The County annual vessel registration fee may be used for any purpose authorized by law.
Section 3. Countv authorized to enter into interlocel agreements with municioalities for distribution
of fees.
Pursuant to Sec. 328.66(2), F.S., the Monroe County Board of County Commissioners is authorized to
enter into interlocal agreements with any of the various municipalities within the County for the distribution of the
proceeds of the County annual vessel registration fee between or among the County and a municipality or
municipalities according to any formula the parties may agree upon. However, the interlocal agreement or
agreements may not provide for the expenditure of the County annual vessel registration fee on any purpose not
authorized by law.
Section 4. 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 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of said conflict
Section 6. The provisions of this ordinance shall be included and incorporated in Chapter 5.5 as
Article VI of the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto. and
shall be appropriately renumbered to conform to the uniform numbering system of the Code.
NOV-01-02 11,10 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
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Section 7.
This ordinance sha" 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
day of
,2002.
Commissioner McCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
(SEAL)
Attest DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman