Item R03* 3.00 P.M. PUBLIC HEARING
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 20, 2009 Division: ^County Attorney
Bulls Item: Yes No X Staff Contact Person/Phone #: Suzanne Hutton #3470
AGENDA ITEM WORDING:
A public hearing to consider approval of a County Ordinance amending Sec. 22-100(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. 23-100(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
meaning.
PREVIOUS RELEVANT BOCC ACTION:
1/28/09 BOCC approved adoption of Monroe County Code
3/18/09 BOCC approved advertising and holding public hearing 5/20/09 in Key Largo (Item N-4)
CONTRACT/AGREEMENT CHANGES:
Corrects the term "Chapter" to "Article" in Sec. 22-100(b), Monroe County Code
STAFF RECOMMENDATIONS:
Approval.
TOTAL, COST. N/A INDIRECT COST: NIA BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM 0
Revised 1/09
ORDINANCE NO. -- 2009
I1 1
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 MONR.OE COUNTY, FLORIDA:
SECTION I.. 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 ehapter article, but the business is not
specifically exempt under this ehapt 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.
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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)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
I, f 9 04. 010 FR 031 It
By
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Mayor/Chairperson
MON90E COUNTY ATTORNEY
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