Ordinance 047-1995
ORDINANCE NO 047
Board of County ~m~issio~'srs
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-1995 -' h~
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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
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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
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absent
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(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
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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
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Liz Cloud, Chief
Bureau of Administrative Code
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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'
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MY COMMiSSION # CC 354124
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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—.
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*JUZEN
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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
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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 '
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';%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��'
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at' VVeo� �-
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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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