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Ordinance 047-1995 ORDINANCE NO 047 Board of County ~m~issio~'srs z :> -1995 -' h~ -;; ~-~- =~ :z: '~1~_ <. ~ AN ORDINANCE AMENDING SECTION 6 OF ORDINANCE NO. 01 hl988IN I ORDER TO PROVIDE THAT THE COLLECTION RESPONSIBILITIES FeR~ 'THE 0\ TOURIST IMPACT TAX IMPOSED IN THE FLORIDA KEYS AREA OF CRITICAL -0 STATE CONCERN AND BIG CYPRESS AREA OF CRITICAL STATE CONCERN N ARE TRANSFERRED TO THE MONROE COUNTY TAX COLLECTOR FROM THE ~ FLORIDA DEPARTMENT OF REVENUE AND AUDIT RESPONSfBILlTIES (X) TRANSFERRED FROM THAT DEPARTMENT TO THE MONROE COUNTY CLERK: PROVIDING PROCEDURES FOR COLLECTION; PROVIDING FOR LIENS, CIVIL ENFORCEMENT, AND CRIMINAL PENALTIES FOR FAILURE TO PAY THE TAX; 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. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. that: Section 1. Section 6 of Ordinance No. 011-1988 is hereby amended to read as follows: Section e. The person receiving the consideration for such taxable privilege and the person doing business 'Nithin the geographical area described in Section 1 of this ordinance shall receive, account for, and remit the tourist impact tax to the Florida Department of Revenue at the time and in the manner provided for persons who collect and remit taxes under part I of Chapter 212, Laws of Florida. Tho same duties and privileges imposed by part I of Chamber 212, Laws of Florida, upon dealers in tangible property, respecting the collection and remission of tax, the making of retums, the keeping of books, records, and accounts: and compliance '/lith the rules of the Florida Department of Revenue in the administration of that part shall apply to and be binding upon all persons who are subject to the pro'.'isions of this ordinance. Section 6. Pursuant to the provisions of ~ 125.01041101. Florida Al Statutes, Monroe County shall collect and administer the tourist impact tax locallv. Initial collection of the tax shall continue to be made in the same manner as the tax imposed under part I of chapter 212, FS. The Monroe County Tax Collector shall be responsible for the collection and administration of the tax. A person receivina the consideration for rental or lease payments shall receive, account for, and remit the tax thereon to the Monroe County Tax Collector at the time and in the manner provided for persons who collect and remit taxes under &212.03, FS. The same duties and privileaes imposed bv chapter 212, FS, upon dealers in tanaible -" i r11 c::J "-n C) ::0 :;.u ;.,., c; ,::> ?J ':.J property respectinq the remission and collection of tax. the makinq of returns. the keepinq of books. records and accounts. and payment of a dealer's credit. and compliance with the rules of the Monroe County Tax Collector in the administration of said chapter shall apply to and be bindinq upon all persons who are subiect to the provisions of this article; provided. however. the Monroe County Tax Collector may authorize a quarterlY return and payment when the tax remitted by the person receivinq the consideration for such rental or lease for the precedinq quarter did not exceed $25. Bl Pursuant to ~ 125.0104. FS. the Monroe County Tax Collector shall keep records showinq the amount of taxes collected. These records shall be open to the public durinq the reqular office hours of the Monroe County Tax Collector. subiect to the provisions of &213.053. FS. Cl Collections received by the Monroe County Tax Collector from the tax. less costs of administration of this article. shall be paid and returned. on a monthly basis to the County Clerk of the qoverninq board of Monroe County. Florida. for use by the County in accordance with the provision of this ordinance. OJ The Monroe County Tax Collector is authorized to employ persons and incur other expenses to administer this ordinance. EJ The Monroe County Tax Collector may promulqate such rules and may prescribe and publish such forms as may be necessary to effectuate the purpose of this ordinance. FI The Monroe County Clerk of the Court shall perform the enforcement and audit functions associated with the collection and remission of this tax, including. without limitation. the followinq: 11 For the purposes of enforcing the collection of the tax levied by this ordinance. the Clerk is hereby specifically authorized and empowered to examine at all reasonable hours the books, records and other documents of all dealers. or other persons charqed with the duty to report or pay a tax under this ordinance, in order to determine whether they are collectinq the tax or otherwise complyinq with this ordinance. In the event such dealer refuses to permit such examination of its books. records. or other documents by the Clerk as aforesaid, it is quiltv of a misdemeanor of the first deqree. punishable as provided in ~775.082. 2 &775.083 or &775.0835. FS. The Clerk shall have the riaht to proceed in Circuit Court to seek a mandatory iniunction or other appropriate remedy to enforce its riaht aaainst the offender. as aranted by this section. to reauire an examination of the books and records of such dealer. 2) Each dealer. as defined in this ordinance. shall secure. maintain and keep for a period of three years. a complete record of rooms or other lodgina. leased or rented by said dealer. toaether with aross receipts from such sales. and other pertinent records and papers as may be reauired by the Monroe County Tax Collector for the reasonable administration of this ordinance and all such records which are located or maintained in this state shall be open for inspection by the Clerk at all reasonable hours at such dealer's place of business located in the County. Any dealer who maintains such books and records at a point outside Monroe County must make such books and records available for inspection by the Clerk in Monroe County. Florida. Any dealer subiect to the provision of this ordinance who violates these provisions is auiltv of a misdemeanor of the first dearee. punishable as provided in & 775.082, &775.083 or &775.0835. FS. 3lal The Clerk shall send written notification, at least sixty days prior to the date an auditor is scheduled to begin an audit. The Clerk is not reauired to aive sixty days prior notification of a forthcomina audit in any instance in which the taxpayer reauests an emeraency audit. bl Such written notification shall contain: il The approximate date on which the auditor is scheduled to beain the audit. iiJ A reminder that all records, receipts, invoices, and related documentation of the taxpayer must be made available to the auditor. Hil Any other requests or suagestions the Clerk may deem necessary, cl Only records. receipts. invoices and related documentation which are available to the auditor when such audit beains shall be deemed acceptable for the purposes of conductina such audit. 3 41 All taxes collected under this ordinance shall be remitted to the Monroe County Tax Collector. In addition to criminal sanctions. the Clerk is empowered. and it shall be its duty. when any tax becomes delinauent or is otherwise in ieopardy under this ordinance. to issue a warrant for the full amount of the tax due. or estimated to be due. with the interest. penalties and cost of collection. directed to all and singular sheriffs of the state. and shall record the warrant in the public records of the County; and thereupon the amount of the warrant shall become a lien of any real property or personal property of the taxpayer in the same manner as a recorded iudament. The Clerk may issue a tax execution to enforce the collection of taxes imposed by this ordinance and deliyer it to the sheriff. The sheriff shall thereupon proceed in the same manner as prescribed by law for executions and shall be entitled to the same fees for his services in executing the warrant to be collected. The Clerk may also haye a writ of aarnishment to subject any indebtedness due to the delinauent dealer by a third person in any aoods. money. chattels. or effects of the delinauent dealer in the hands. possession. or control of the third person in the manner proyided by law for the payment of the tax due. Upon payment of the execution. warrant. iudament. or aarnishment. the Clerk shall satisfy the lien of record within thirty days. GI Tax revenues may be used only in accordance with the provisions of & 125.0108. FS. HI An amount not to exceed three percent of said tax collected herein shall be retained for the costs of administration. The amount deducted for costs of administration shall be used only for those costs which are solely and directly attributable to auditina. assessina and enforcina payment of delinquent taxes authorized by this ordinance. The remainder of the tax collected shall be remitted to Monroe County on a monthly basis. I) The County assumes responsibility for auditina the records and accounts of dealers and assessina. collectina and enforcing payment of delinquent tourist impact taxes. The County adopts any and all powers 4 and authority aranted to the State of Florida in & 125.01 04( 1 01, FS and chapter 212, FS, and as further incorporated therein to determine the amount of the tax, penalties, and interest to be paid by each dealer and to enforce payment of such tax, penalties, and interest by, but not limited to, distress warrants, writ of aarnishments and criminal penalties as provided in chapter 212, FS. Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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. This ordinance shall 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 18th day of October ,1995. Mayor Freeman Mayor Pro Tem London Commissioner Harvey Commissioner Reich Commissioner Douglass ~ ~ absent ~ ~ (SEAL) Attest: DANNY L.KOLHAGE, Clerk BJ:k~ C. ~~~ , Deputy Clerk EFFECTIVE DATE BOARD OF COUNTY COMMISSIONERS ~FMO O~COUN~~ May Chairman iordtit 5 FLORIDA DEPARTMENT OF STATE Sandra B. Mortharn Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, Florida 32399-0250 (904) 488-8427 January 11, 1996 ...., c '- ~ -n 2: ~ - :::t: ,.-.:..r . .2 :_:;r .'""l '::r.: ~ c:; """' '''T. 1_"" - r- - '_...I ~:;:: 0\ ., :-<.. "1J .Z' -, ........ , , .." W (~ . . c' ~, - ':T) ~ . Honorable Danny L. Ko1hage Clerk to Board of County Commissioners Monroe County 500 Whitehead street Key West, Florida 33040 . , Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letters dated January 3, 1996 and certified copy each of Monroe County Ordinance Nos. 95-47, 95-48, and 95-55, which were filed in this office on January 9, 1996. Si~,~.C el.y, ..J ".' () "'-~ ," c..~. Liz Cloud, Chief Bureau of Administrative Code LC/mw ;)e/y6 OCYI6S' zLo.' -L-/)l'er/7Q}/ d&~ ~ 7;2)( Ca//eCYcY/? .. ... (3, o--c- e. Jt(~ . . KElQWEST ITIZEN Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE; Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Manager of the Key West Citizen; a daily newspaper published at Key West in Monroe County, Florida; that the attached copy of the advertisement, being a legal notice ~' in the matter of -1\) ~ of I ' "I Y-Lf ~ b / 7~ JVl'1DaoI 1~ . , in the ~ to, court, was pub~shed in said newspaper in the issues of ;)yl J.- C)~ <ir . {qq5 Affiant further says that the said The Key West Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the, said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail,matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has nei- ther paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. Sworn to and subscribed before me thi ~(Signature of Affiant) , 1995 '~-=~=iPA' ~~C~I" 'R' .. .~'C cfL MY COMMiSSION # CC 354124 ~ I": /:!,!, '-" ~f"IR~StN~~9j>.,f 1\.1 . '" ~ ,'i;",::J.:d~?'~-' 80, n, dS;,r,'t,"nJ ~oblry ~lrc'Oiidt!~l~rS'.J Expires' ...cr/ ';;;";;=;;;';i~;;;;;;;'~.. ., - ---..-- Personally Kn wn _ or Produced Identification _. tary Public) tary Public) Type of Identification Produced LEGAL-NOTICES NOTICE OF INTENTION TO CON- I SIDER ADOPTION OF A COUNTY - ORDINANCE NOTICE IS:HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday,.;-October 18, 1995, at 10:00 a.m.at the Holiday Inn Beach- side, 3841 North Roosevelt Boule- ' vard, Key West, Monroe--County, • Florida,-the-Boat of County Com- missioners of Monroe County, Flor- - F ida, intends to consider the following • County ordinance: AN ORDINANCE AMENDING SEC- . TION 6.6-6(b),MONROE COUNTY CODE,IN ORDER TO ADOPT THE 1994 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION LIFE SAFETY CODE 101,AS THE LIFE SAFETY CODE FOR UNIN- CORPORATED MONROE COUNTY;PROVIDING FOR SEV- ERABILITY;PROVIDING FOR THE , REPEAL OF ALL ORDINANCES IN- CONSISTENT HUIEWITH;PRO- -VIDING FOR INCORPORATION INTO THE MONROE COUNTY I CODE OF ORDINANCES;AND • ; PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decides to appeal'any deci- sion made by the Commission with respect to any matter considered at the hearing, he will need a record of ' the proceedings, and that, for such , purpose, he may need to ensure that ' a verbatim record of the proceedings is made; which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced Or- Cdinance are available for review at the various public libraries in Monroe County,Florida. • ' DATED at Key West, Florida, this 25th day of September, 1995. DANNY L.KOLHAGE Clerk of the Circuit Court and ex offico Clerk of the Board of County Commissioners of Monroe County,Florida Se tember 28th&October 8th, 1995 w 4 , . PROOF OF PUBLICATION • . .5. • THE FLORIDA KEYS KEYNOTER • - Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) . Tom Schumaker Before the undersigned authority personally appeared ____ ____________who on oath, says that he/she Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHOP in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, b�eetn D?otice of Intention Consider Adopriun ut uounEy ordinance IN THE MATTER OF: Ordinance Amending Section 6 of Ordinance No. 011-1988 in thc • • _ . Court was published in said newspaper in the issues of • September 30, Octch,Pr 7, 1995 _ ---_• 'no.3873100 i NOTICE OF INTENTION • 4 TO CONSIDER ADOPTION Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper , OF COUNTY ORDINANCE I at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- r NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that ' on Wednesday, .October 18,_ paper has heretofore been continuously published in said MONROE COUN- i 1995,at 10:00 a.m.at the Holi- day Inn Beachside, 3841 North i TY, FLORIDA, twice each week (on Wednesdayand Saturday) and has been i Roosevelt Boulevard, Key West, ' I Monroe County,• Florida, the; I Board of County Commissioners entered as second"class mail matter at the post office in MARATHON, in I of Monroe County;Florida, in- ' tends to consider the adoption of said MONROE COUNTY, FLORIDA, for a period of one year next preceding c the followin9 County ordinance: : 15 'ORDINANCE NO:. -1995 , the first publication of the attached copy of advertisement; and affiant fur- AN ORDINANCE' AMENDING SECTION 6 OF ORDINANCE NO,. ther says that he has neither paid nor promised any person, firm, or corpo- . 1 011-1988.IN ORDER TO PRO- `` VIDE THAT THE COLLECTION ration any discount, rebate, commission or refund for the purpose at secur- i RESPONSIBILITIES-'FOR THE ' TOURIST IMPACT TAX- •IM- , POSED IN THE IcAFLORIDAE KEYS ing this advertisement for publication in the said newspaper.(SEAL) I. CERN ANDRBIG CYPRESS AREA ' ? OF CRITICAL STATE CONCERN 'ARE. TRANSFERRED TO THE • MONROE COUNTY TAX COL-- LECTOR FROM=THE FLORIDA- DEPARTMENT OF REVENUE i AND AUDIT RESPONSIBILITIES , TRANSFERRED FROM THAT , C ; DEPARTMENT TO THE MON- ROE COUNTY CLERK; PROVID- ��� 1 ECTION; PROVIDING FOR fviICHEAL R.FORRESTER 1 LIENS, CIVIL ENFORCEMENT, ' AND CRIMINAL PENALTIES FOR 4. Og!Z I- FAILURE TO.PAY THE'TAX; 4r O My CommI/U3� ; PROVIDING FOR 'SEVERABILI- • , 's Bonded By Service Inc ,TY; PROVIDING FOR THE-RE- ' (seal)`, PEAL OF ALL ORDINANCES IN- -No.C .FJ+7frN CONSISTENT TF HEREWITH; V DINGORNCORP RATION 4 Pan0>IaltjttnOon t)[<A INTO-THE MONROE COUNTY ; CODE OF ORDINANCES; AND • I PROVIDING AN - EFFECTIVE 1 SWORN TO AND UBSCRIB D BEFORE ME THIS 7th . DATE. • ` Pursuant to Section 286.0105,- Florida Statutes, notice is_given that if a person decides to appeal. . 1 any decision made by,the Board • I with respect to any matter con- DAYsidered at such hearings or meet- ',95 '. ings,he;will need a record of the OF __ _____ A.D. 19-- I pace •dingis, and thadt, foo r such ' _N N that a verbatim record of the..pro-", ceedings is made, which record includes the testimony and evi- ___ -- _M dance u on:whi Ir uno n—. �, '�11�+®ue'ueep'ieeu no QiV ' 88Z9-EVL I •Aidde peeu sseulsnq peoed Ise; Alen e ui wuel 6uol ippom GI Buhl[^^ ,g petenllow Alen'pepulw Asienb • esotp Ajuo :pesnbeJ eoueuedx3 NVIOINH3313"f 1ktoLUIth 40q,kkrKEEST *JUZEN .4.:,�:�si1 Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE; Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Manager of the Key West Citizen; a daily newspaper published at Key West in Monroe County, Florida; that the attached copy of the advertisement, being a legal notice in the matter of ftIO1 ? n-?-er..%rrw / Cc.1I-c "D. Ir-eapor1s►�r t( tLes Se-Er "(nc rv,paa — in the court, was published in said newspaper in the issues of Sc phew-b{r IaSr' J- 0c+"6-W r1 too; • i Affiant further says that the said The Key West Citizen is a newspaper publisl\ed at Key West, in said Monroe County, Florida, and that the.said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has nei- ther paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. Signature of Affiant) Sworn to and subscribed before me this day of ail-:--L4,) , 1995 ;�_zolSigi.��i of Notary Public) 4 MY COMMISSiM 'C'C 2:54124 • oF F;qe•';=Bonded t iot w=ub!iv cm s Expires. ' 6 XP'rn e of Notary Public) Personally Known✓or Produced Identification Type of Identification Produced NOTICE OF INTENTION TO CON- , SIDER ADOPTION OF A COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO i, WHOM IT MAY CONCERN that on Wednesday, October 18, 1995, at 10:00 a.m.•at the Holiday Inn Beach- side, 3841 North'Roosevelt Boule- • vard, Key West, Monroe County, Florida, the. Board of County Com- missioners of Monroe County, Flor- ida, intends to consider the following County ordinance: AN ORDINANCE AMENDING SEC- TION 6 OF ORDINANCE NO.011- 1988 IN ORDER TO PROVIDE THAT THE COLLECTION RESPON- SIBILITIES FOR THE TOURIST IM- PACT TAX IMPOSED IN THE FLOR-, IDA KEYS AREA OF ORITICAL STATE CONCERN AND BIG CY- PRESS AREA OF CRITICAL STATE CONCERN ARE TRANSFERRED TO THE MONROE COUNTY TAX . COLLECTOR FROM THE FLORIDA DEPARTMENT OF REVENUE AND AUDIT RESPONSIBILITIES TRANS- FERRED FROM THAT DEPART- MENT TO THE MONROE COUNTY ° CLERK;PROVIDING PROCE- DURES FOR COLLECTION;PRO-- VIDING FOR LIENS,CIVIL EN- FORCEMENT,AND CRIMINAL PENALTIES FOR FAILURE TO PAY THE TAX; PROVIDING FOR SEV- ERABILITY;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PRO- VIDING FOR INCORPORATION INTO THE MONROE COUNTY • CODE OF ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. • Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decides to appeal any deck skin made by the Commission with respect to any matter considered at the hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made; which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced Or- dinance_are 'available for review at the various public libraries in Monroe County,Florida. DATED at Key West, Florida, this 25th day of September, 1995.' DANNY L.KOLHAGE Clerk of the Circuit Court and ex offico Clerk of the Board of County Commissioners of Monroe County, Florida September 28th&October 8th, 1995 SC4Y �ua�y KEEST a �� f , • , 0 . .!.. 4 FF F "t o Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE; Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Manager of the Key West Citizen; a daily newspaper published at Key West in Monroe County, Florida; that the attached copy of the advertisement, being a legal notice in the matter of 6- c.t.e.. &I J 7 A-Q-c '-;_. G le-rt4-�.0 J pc 1 in the PVC court, was published in said newspaper in the issues of A.Pyh O c. J- ' (cjg5 • Affiant further says that the said The Key West Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the.said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and. specified holidays) and has been entered as second-class mail matter at the. post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has nei- ther paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. ke444 . (Signature of Affiant) -(Tily Sworn to and subscribed before me this Uday o , 1995 —(5 n a 0=- •.tary Public) •`,k.ii �:Yr,e�-On� kdA U E.CEIER I (�a ':. MY COMMISSION tl CC 354124 ' : t 'r , 3f N ';%F1, Bords Thu Nn u Lc nd ;�:cr. o tary Public) Expires. ..� -` ." ` � Personally Kn wn'or Produced Identification —. Type of Identification Produced • . � , . . ' \ ' ---'_.- F-­NOTICIE OF INTENTION TO CON- SIDER ADOPTION OF A COUNTY NOTICE is HEREBY GIVEN -TO WHOM IT MAY, CONCERN-that on | »/"=� ^ North~'^^ '-----' - � / -� Key West, Monroe County,'- r=."° the Board - i Com- missioners of Monroe County, Flor- ida, intends+ocohodor the following County ordinance:. AN OhDINANCE.AMENDING-SEC- TION 6 OF ORDINANCE NO'.011r � 1988 IN ORDER TO PROVIDE!. COLLECTION-RESPON- SIBILITIES TOURIST IM- pACT TAX IMPOSED|mTHE FLOR- IDA STATE C"."°E...~,~BIG CY- PRESS CONCERN ARE TRANSFERRED TO THE MON �~E COUNTY ' COLLECTOR FROM THE FLORIDA DEPARTMENT OF REVENUE ANd AUDIT RESPONSIBILITIES TRANS- FER RED FROM THAT DEPART- MENT,TO THE MONROE COUNTY I CLERK; PROVIDING PROCE- DURES FOR COLLECTION;PRO- VIDING FOR LIENS,CIVIL EN- FORCEMENT,AND CRIMINAL. PsmaL//ES,umrA.L""E TO PAY ' THE TAX PROV|0NG,FORGEV~ ER�BILITY;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN. CONSISTENT HEREWITH;PRO- VIDING FOR INCORPORATION CODE OF ORDINANCES;AND-­ -�PROVIIJING-FOR AN EFFECTIVE =" Statutes, notice_ - given_that-if person-decides to-appeal any'decl- respect to any.,matter considered at the hedring,:he.will need a record of' the proceedings, and.that, for such.-- purpose,he may need to ensure that a verbatim record of the proceedings ="="~' which record Includes—.�h�h -- the. on testimony —and `ouo�d p be ' ~ ' Copies - --dinande are m*|e for review at_� . �evodouwpub\�Ub��oom�onn��' �����'-'-- Florida, �` ` at' VVeo� �- \ ""'�~ '~ � — - ' cethdayof- 1995. ' . _DAmNYLKOuHAGs^ -� .� ` Clerk o,the � . and exumun Clerk-of the Board . County � . Cv" .v,Florida ' September 28th&October 8th. 1Q95 e y t e ite SERVING THE UPPER KEYS DAGNY WOLFF FOR OVER 20 YEARS Bdltor&Publisher BOX 1197 • TAV E R N I E R, FLA.33070 (305) 852-3216 FAX 852-8249 STATEMENT OF PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is EDITOR and PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County,Florida: that the attached copy of advertisement,being a LEGAL ADVERTISEMENT IN THE MATTER OF NOTICE OF INTENTION TO CONSIDER_. IN THE Court,was(published in said newspaper in the issues of_ 10/5 AND 10/12/95. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,Florida,each week(on Thursday),and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS _12TH DAY OF_OCTOBER_A.D.,1995 NOTARY PUBLIC MY COMMISSIONS: DAVEE R DOVE - \a J * Expires Feb.05.1999 ?�IIT::. Bonded by ANB �144OFFl��'�4p 800-852-5878 X' NOTICE OF INTENTION TO CONSIDER ,_ ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAYTCONCERN ' that on Wednesday,October 18,1995,at10:00 A.M.at the Holiday Inn ' Beachside,3841 North Roosevelt Boulevard,Key West,Monroe County; - Florida,the Board of County Commissioners of Monroe County,Florida,-' intends to consider the adoption of the following COunty ordinance: _ _ _ _ AN ORDINANCE AMENDING SECTION6 OF ORDINANCE NO.011-1988 IN ORDER TO PROVIDE THAT THE COLLECTION RESPONSIBILITIES FOR THE TOURIST IMPACT TAX IMPOSED IN - THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN AND BIG CYPRESS AREA OF CRITICAL STATE CONCERN ARE TRANS- i FERRED TO THE MONROE COUNTY TAX COLLECTOR FROM ' THE FLORIDA DEPARTMENT OF REVENUE AND.AUDIT RE- - SPONSIBILITIES TRANSFERRED FROM THAT DEPARTMENT TO •THE MONROE COUNTY CLERK;PROVIDING PROCEDURES FOR ' COLLECTION;PROVIDING FOR LIENS,CIVIL ENFORCEMENT _ AND CRIMINAL PENALTIES FOR FAILURE TO PAY THE TAX; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR- INCORPORATION INTO THE,MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. - Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearing or meeting, g,he will need need t ensure arecord ' of the proceedings,and that,for such purpose, may ' a verbatim record of the proceedings is made,which record includes the- testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review- at the various public libraries in Monroe County,Florida. DATED at Key West,Florida,this 25th day of September,1995.. ' , DANNY L.KOLHAGE- ' _ - Clerk of the Circuit Court • and ex officio Clerk of the Board of County Commissioners — of Monroe County,Florida Published:10/5 and 10/12/95 V . The Reporter Tavernier,FL 33070 - • . • BOARD OF COUNTY COMMISSIONERS C • MAYOR,Shirley Freeman,District 3 O U N TY of 1 V I O N R O4` '• Mayor Pro Tem,Jack London,District 2 `-. � i Wilhelmina Harvey,District 1 .. :� % KEY WEST FLORIDA 33040 Y ! \71•-• ' �t .i+ Mary Kay Reich,District 5 (305)294-4641 Will l i `III, Keith Douglass,District 4 • • jr `• County Attomey's Office 310 Fleming Street, 2nd Floor 9Key West, Florida 33040 November 29, 1995 Mr. Lester Adkins Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316-2235 RE:.,Monroe County Ordinances No. 047-1995 and 048-1995 Recently sent to your office) Dear Mr. Adkins: The two ordinances referenced above do not amend Sec. 2-298, Monroe County Code, the tourist development tax, but rather amend two uncodified ordinances(Nos. 011-1988 and 012-1988) that impose the tourist impact tax. (The tourist impact tax is only available in Areas of Critical State Concern.) Therefore, please do not alter Sec. 2-298, Monroe County Code because of Ordinances No!047-1995 and 048-1995. Also enclosed are Ordinances No. 011-1988 and 012-1988. I would appreciate that these ordinances, as amended by Ordinances 047-1995 and 048-1995, be incorporated into the Monroe County Code. Thanks in advance. Sincerely, -11410 Rob Wolfe Chief Assistant County Attorney RW:aa enclosures cc: Danny Kolhage, County Clerk -. --- ! 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