Ordinance 033-2019 ORDINANCE NO.O.3" - 2019
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
EXTENDING THE CURRENT SIX CENT MOTOR AND
SPECIAL FUEL TAX PURSUANT TO SECTION
336.025(1)(a), FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Monroe County currently imposes a six-cent local option gas tax upon every
gallon of motor fuel and special fuel sold in the County pursuant to Florida Statute Section
336.025(1)(a) and Monroe County Code Section 23-230 et. seq.; and
WHEREAS,Monroe County Board of County Commissioners(BOCC)passed Ordinance
No. 16-1989 imposing the 6-cent tax, as codified in Monroe County Code Section 23-230, et. seq.;
and
WHEREAS, an additional three-cent local option fuel tax was imposed via Ordinance
015-2009 and 016-2009, which restated the 6-cent tax and that was intended to extend the 6-cent
tax at that time, but a new 30-year date was not specifically stated; and
WHEREAS, the Florida Department of Revenue advised County officials on Friday
September 28th, 2019 that they concluded that the authorization for the levy and collection of the
six-cent fuel tax in Ordinance 16-1989 expires in September 2019; and
WHEREAS, the estimated revenue from the six-cent fuel tax is $3.1 million per year; and
WHEREAS, the County has anticipated the continued collection of these funds as part of
its budget process; and
WHEREAS, in order to continue collecting and disbursing the fuel tax, the County must
extend the fuel tax before October 1 to be effective January 1 of the following year in accordance
with F.S. 336.025; and
WHEREAS, passage of this Ordinance necessitates this special meeting being called and
passage of this ordinance on an emergency basis pursuant to Section 125.66(3), Florida Statutes;
and
WHEREAS, On September 29, 2019, the County issued a press release notifying the
public of the Monday September 30, 2019 special meeting at 3:00 p.m. in the Marathon
Government Center. Notice of the meeting was posted to the County's website site and the
County's social media outlets. Notification of the meeting was sent to all local media outlets and
was announced on U.S. 1 radio news updates; and
Page 1of3
WHEREAS, the other fuel taxes (ninth cent authorized by Section 206.41(1)(d), F.S. and
the 3-cent additional tax authorized by F.S. 206.41(1)(e)levied by the BOCC respectively in
Ordinances 015-2009 and 016-2009 are not affected by this proposed Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: The Board finds that the expiration of the six-cent local option gas tax under the
circumstances set forth in the whereas clauses above, which are hereby incorporated herein as
findings of fact, constitutes an emergency and therefore waives the notice requirements of F.S.
125.66(2)by at least a four-fifths vote.
SECTION 2: Section 23-230, Monroe County Code shall be amended to read:
23-230 Imposed.
Under the authority of Section 336.025(1)(a),F.S.effective September 1, 1989,and as extended September
30, 2019, there is hereby imposed a six-cent gas tax upon every gallon of motor and special fuel sold in
Monroe County, including the municipalities therein, and taxed under the provisions of F.S. ch 206, pt. I
(F.S. § 206.01 et seq.) or F.S. ch 206, pt.II(F.S. § 206.85 et seq.).
SECTION 3: Section 23-232, Monroe County Code shall be amended to read:
Sec. 23-232. -Effective period.
The tax levied in section 23-230 shall remain in effect for a period of 30 years from September 1,
2019 until August 31, 2049, unless rescinded by the Board of County Commissioners. The tax
may be rescinded before August 31, 2049, only if the rescission shall in no circumstances
materially or adversely affect the rights of the holders of bonds backed by the tax and outstanding
on the date of rescission.
SECTION 4: SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining
portions of this ordinance.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: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
as an addition or amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
SECTION 7: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of State and shall be effective as provided in section 125.66, Florida Statutes.
Page 2 of 3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting of said Board held on the 30`h day of September, 2019.
Mayor Sylvia Murphy 125
C Mayor Pro Tern Danny Kolhage
_l__.
Commissioner Michelle Coldiron P�
Commissioner Heather Carruthers is
A
4F
x; Commissioner David Rice yGS
r D' BOARD OF COUNTY COMMISSIONERS
%'„ - .,• 'EVIN MADOK, Clerk OF MO OE COUNTY, FLORIDA
B D .A dS
De uty Clerk or Chairp son
MONROE COUNTY ATTORNEY
P S TO FORM:
CHRISTINE LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
DATE: clia)fiq
Page 3 of 3
coD WET
FLORIDA'DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
September 30,2019
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West,Florida 33040
Attention: Sally M.Abrams
Dear Mr.Madok:
Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 033-2019,which was filed in this office on September
30, 2019.
Sincerely,
Ernest L.Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
Sally Abrams
From: Ords Admin <ords@municode.com>
Sent: Tuesday, October 01, 2019 10:34 AM
To: Sally Abrams
Subject: RE: Monroe County, FL Code of Ordinances - 2008(14298) OrdBank
We have received your file.
Thank you and have a nice day,
Ords Administrator
ords@municode.com
1-800-262-2633
P.O. Box 2235
Tallahassee, FL 32316
When available, please send all documents in WORD format to Ords@municode.com. However, if WORD
format is not available, we welcome any document format including PDF.
NB
municode
Web I Legal I Pay
From:Sally Abrams<sabrams@monroe-clerk.com>
Sent: Monday,September 30, 2019 3:54 PM
To:CountvOrdinances@DOS.MyFlorida.com; FDORFuelDistribution@floridarevenue.com; Ords Admin
<ords@municode.com>; Fernando.Fovo@Floridarevenue.com
Cc: Isabel DeSantis (boccdisl@monroecounty-fl.gov)<boccdisl@monroecounty-fl.gov>; Carol Schreck
<boccdis3@monroecounty-fl.gov>; BoccDis4@MonroeCounty-FL.Gov; Susie Ptomey<boccdis5@monroecounty-fl.gov>;
Kathy Peters(Peters-Katherine@ monroecounty-fl.gov) (Peters-Katherine@monroecounty-fl.gov)<Peters-
Katherine@monroecounty-fl.gov>; boan-Tina@ Monroecounty-fl.gov; Limbert-Christine<Limbert-
Christine@MonroeCounty-FL.Gov>;Terri Colonna (boccdis2@monroecounty-fl.gov)<boccdis2@monroecounty-fl.gov>;
Pam Hancock<phancock@monroe-clerk.com>; Lindsey Ballard<Ballard-Lindsey@MonroeCounty-FI.Gov>
Subject: MON20190930_Ordinance2019_033
Sender Full Name: Sally M. Abrams
Sender Phone Number: (305) 292-3550
County Name: Monroe
Ordinance Number: 2019-033
i
Sally Abrams
From: FDOR Fuel Distribution <FDORFuelDistribution@floridarevenue.com>
Sent: Monday, September 30, 2019 4:14 PM
To: Sally Abrams; CountyOrdinances@DOS.MyFlorida.com; FDOR Fuel Distribution;
ORDS@Municode.com
Cc: Isabel DeSantis (boccdisl@monroecounty-fl.gov); Carol Schreck; BoccDis4
@MonroeCounty-FL.Gov; Susie Ptomey; Kathy Peters (Peters-
Katherine@monroecounty-fl.gov) (Peters-Katherine@monroecounty-fl.gov); boan-
Tina@Monroecounty-fl.gov; Limbert-Christine;Terri Colonna (boccdis2
@monroecounty-fl.gov); Pam Hancock; Lindsey Ballard
Subject: RE: MON20190930_Ordinance2019_033
Monroe County's ordinance has been received and will be processed accordingly.Thank you for your quick response
with this matter.rdp Fernando Foyo
C Professional Accountant Specialist
E GTA/Refunds& Distribution
Florida Department of Revenue
o (850)717-7294
FLORIDA Fernando.Fovo@floridarevenue.com
From:Sally Abrams [mailto:sabrams@monroe-clerk.com]
Sent: Monday,September 30, 2019 3:54 PM
To: CountvOrdinances@DOS.MyFlorida.com; FDOR Fuel Distribution<FDORFuelDistribution@floridarevenue.com>;
ORDS@Municode.com; Fernando Foyo<Fernando.Fovo@floridarevenue.com>
Cc: Isabel DeSantis(boccdis1@monroecounty-fl.gov) <boccdisl@monroecounty-fl.gov>; Carol Schreck
<boccdis3@monroecountv-fl.gov>; BoccDis4@ MonroeCounty-FL.Gov; Susie Ptomey<boccdis5@monroecounty-fl.gov>;
Kathy Peters(Peters-Katherine@monroecounty-fl.gov) (Peters-Katherine@monroecounty-fl.gov)<Peters-
Katherine@monroecountv-fl.gov>; boan-Tina@Monroecountv-fl.gov; Limbert-Christine <Limbert-
Christine@MonroeCountv-FL.Gov>;Terri Colonna (boccdisl@monroecounty-fl.gov) <boccdisl a@monroecounty-fl.gov>;
Pam Hancock<phancock@monroe-clerk.com>; Lindsey Ballard <Ballard-Lindsev@MonroeCounty-FIGov>
Subject: MON20190930_Ordinance2019_033
Sender Full Name: Sally M. Abrams
Sender Phone Number: (305) 292-3550
County Name: Monroe
Ordinance Number: 2019-033
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Via°° .Ni, Kevin Madok CPA
iat'0 • Clerk of-the Circuit Court&Comptroller-Monroe;'County, Florida:
September 30, 2019
Department of State
Administrative Code & Register
500 S. Bronough Street
Tallahassee, FL. 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 033-2019 of the Board of County
Commissioners of Monroe County, Florida, AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS EXTENDING THE CURRENT SIX CENT MOTOR AND SPECIAL FUEL TAX
PURSUANT TO SECTION 336.025(1)(A), FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
special meeting, held in formal session, on September 30, 2019. Should you have any
questions, please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA,
Clerk of the Circuit Court & Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by:Sally M. Abrams, D.C.
cc: Municode
FDOR
County Administrator
County Attorney
OMB
BOCC
File
KEY WEST MARATHON PLANTATION'KEY PK/ROTH BUILDING
500=Whitehead Street 311:7<Overseas Highway 88820 Overseas:Highway ,50 High Point Road,
Key.`West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,�Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145