Item N04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15. 2009
Division: County Attorney
Bulk Item: Yes -2L- No
Staff Contact PersonIPhone #: Suzanne Hutton #3470
AGENDA ITEM WORDING:
Approval to advertise and hold a public hearing to consider approval of a County Ordinance amending
Sec. 22-1 OO(b) of the Monroe County Code to provide a $225 fee for business not otherwise taxed
under the provisions related to business taxes.
ITEM BACKGROUND:
The Monroe County Code was recently re-codified and taxation provisions from different chapters
were combined into Chapter 23. Sec. 23-1 OO(b) previously provided for a $225 fee for business not
otherwise taxed under the provisions related to business taxes, which, at that time, was separately
contained in Chapter 15. The re-codified provision now makes the $225 fee applicable only if no other
tax was being paid, including ad valorem, sales surtax, tourist impact and tourist development. This
proposed ordinance corrects the term Chapter to Article in order to return the section to its original
meanmg.
PREVIOUS RELEVANT BOCC ACTION:
1/28/09 BOCC approved adoption of Monroe County Code
CONTRACT/AGREEMENT CHANGES:
Corrects the term "Chapter" to "Article" in Sec. 22-1 OO(b), Monroe County Code
STAFF RECOMMENDATIONS:
ApprovaI.to advertise and hold a public hearing on May 20,2009 at 3:00 p.m. in Key Largo
TOTAL COST: N/ A
COST TO COUNTY:
INDIRECT COST: N/A BUDGETED: Yes _No
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNTPERMONm Year
APPROVED BY: County Atty~ OMB/Purchasing _ Risk Management _
Not Required_
DOCUMENTATION:
Included x
DISPOSITION:
Revised 1/09
AGENDA ITEM #
ORDINANCE NO.
- 2009
AN ORDINANCE AMENDING MONROE COUNTY CODE SECTION 23-
100(b); PROVIDING FOR $225 WHERE NOT OTHERWISE COVERED
BY THE ARTICLE RE BUSINESS TAXES; 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, the Monroe County Code was recently re-codified and taxation provisions
from different chapters were combined into Chapter 23; and
WHEREAS, Section 23-100(b) previously provided for a $225' fee for business not
otherwise taxed under the provisions related to business taxes, which was at that time separately
contained in Chapter 15; and
WHEREAS, the re-codified provision now would make the $225 applicable only if no
other tax was being paid, including ad valorem, sales surtax, tourist impact and tourist
development; and
WHEREAS, it is desired to correct the term Chapter to Article in order to return the
section to its original meaning;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. CORRECTION OF TERM CHAPTER TO ARTICLE. Section 22-100(b),
Monroe County Code, shall be amended to read:
(b) Every person engaged in the operation of any business of such a nature that no tax can be
properly required for it under any provision of this chapter article, but the business is not
specifically exempt under this chapter article or as a matter of law, must pay a business tax. of
$225.
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.
Page 1 of2
Correct bus tax Ord 3 25 09 KP
SECTION 3. 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 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
conform to the uniform numbering system of the code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on ,
provided that this Ordinance shall be filed 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 _th day of ,2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Heather Carruthers
Commissioner Mario DiGennaro
Commissioner Kim Wigington
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
Page 2 of2
Correct bus tax Qrd 3 25 09 KP