Item N6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 18, 2011
Bulk Item: Yes XX No
Division: County Attorney
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Approval to advertise a public hearing for an ordinance amending
Section 23 -76 of the Monroe County Code to clarify the business tax prerequisites for mobile traveling
junk dealers.
ITEM BACKGROUND: The County previously approved advertising amendments section 23 -76 at
its May 2010 and July 2010 regularly scheduled. The amendments were to address the need to tax
mobile businesses and require that mobile business owners show proof of a commercial collection
service agreement
PREVIOUS RELEVANT BOCC ACTION: Approved the advertisement of the previous
amendments to Section 23 -76 at its regular meeting in May 2010 and July 2010.
CONTRACT /AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS:
Approval to advertise.
TOTAL COST: N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes No
BUDGETED: Yes No
SOURCE OF FUNDS: N/A
AMOUNT PER MONTH Year
APPROVED BY: County OMB/Purchasin
ty ttY g _ Risk Management
DOCUMENTATION:
Included _ Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. -2011
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AMENDING
SECTION 23 -76 OF THE MONROE COUNTY CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT
HERWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, amendments of Section 23 -76 of the Monroe County Code (MCC)
have been previously approved by the Monroe County Board of County Commissioners
at its regularly scheduled May 2010 and July 2010 board meeting; and
WHEREAS, subsequent to the approval of the amendments the Monroe County
Tax Collector informed the County of problematic issues in implementing Section 23 -76
as amended; and
WHEREAS, representatives from the Tax Collector's office met with
representatives of the County in order to address the issues raised and to redraft the
amendment to Section 23 -76;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
[Proposed Text Changes are presented in stAkethrough to indicate deletions and
underline to indicate additions.]
SECTION 1. Sec. 23 -76(a) is hereby amended to read as follows:
(a) All persons obtaining a business tax for the first time must complete the tax
form prepared by the county tax collector. All mobile traveling_ junk dealer
businesses operating in unincorporated Monroe County obtaining a business
tax for the first time must complete the tax form prepared by the county tax
collector and shall provide proof of eitke a current commercial collection
service agreement pursuant to Section 21 -74(2) of the Monroe County Code
. Thereafter, all mobile traveling junk dealer businesses
operating in unincorporated Monroe County renewing a business tax must
continue to submit proof of eith a current commercial collection service
agreement pursuant to Section 21 -74(2) of the Monroe County Code er-
home e6eu patieft spee a Y --- ----- t .: 130 1-2- o f t he
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MORFee County C ede along with the renewal fee. The business tax will not be
issued or renewed until proof of eifih a current commercial collection service
agreement peffili is provided. The business
tax provided for in this chapter is for the primary purpose of raising revenue.
It is not a County permit to undertake any business, profession, or occupation
at a particular site. The tax collector shall, on a monthly basis, provide the
county planning department with a list of the taxpayer who have paid and the
addresses of their respective businesses, professions, or occupations. If the tax
is paid for a business, profession or occupation at an address that the planning
department concludes violates that county's land development regulations or
comprehensive plan, then the county's code enforcement department may
undertake whatever action it deems proper to force a correction of that
violation. A statement similar to this subsection must appear on all business
tax forms.
SECTION 2. 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 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 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or part of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said
conflict.
SECTION 4. INCLUSION IN THE 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 confirm to the uniform numbering system of the code.
SECTION 5. 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 18th day of May 2011.
Mayor Heather Carruthers
Mayor Pro Tern David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor /Chairperson