Ordinance 007-1993 s
♦a
KS
Monroe County Commission
ORDINANCE NO. '007 -1993
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- ca
SIONERS OF MONROE COUNTY, FLORIDA, AMENDIG o w
SECTION 12-31, MONROE COUNTY CODE, IN ORDgR r- am..,
TO CLARIFY THAT NO OCCUPATIONAL LICENSE mom :. m
REQUIRED FOR FORTUNE-TELLERS, CLAIRVOYANT ,.� < can
AND THE LIKE IF SUCH PRACTICES ARE PART QF2 •
THE RELIGIOUS TENENTS OF ANY CHURCH; REPEAL = ;0
ING SECTION 12-32, MONROE COUNTY CODE, WHIdH y
PROVIDES FOR CERTAIN MONROE COUNTY REGULATC}ItIri e cn
CONTROLS OVER THE ISSUANCE OF FORTUNE-TELL, rn _=
CLAIRVOYANT, ETC. , OCCUPATIONAL LICENSES; ui
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE; AND PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, Chapter 205, Florida Statutes, now provides that
occupational licenses are solely a revenue raising device and may
have no regulatory function; and
WHEREAS, Monroe County' s occupational license tax ordinances
for . fortune-tellers, clairvoyants , etc. , has a regulatory compo,
nent; and
WHEREAS, The Attorney General has recently ruled that the
County has no authority to establish any system for the issuance
of occupational licenses other than that authorized by Chapter
205 , Florida Statutes.
WHEREAS, Section 205 .191, Florida Statutes, exempts from
occupational licenses requirements the practice of the religious
tenents of any church, not just those churches of the Christian
faith; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1 . Section 12-31 , Monroe County Code, is hereby
amended to read as follows :
Sec. 12-31 . Fortune-tellers,
clairvoyants, etc. - Generally.
Every fortune-teller, clairvoyant,
palmist, astrologer, phrenologist, character
reader, spirit medium, absent treatment
healer, or mental healer and every person
engaged in any occupation of a similar nature
shall pay a license tax of two hundred twen-
ty-five dollars ($225 .00) . Nothing in this
section shall be construed to require a
license for practicing the religious tenents
of any church.
Section 2. Section 12-32, Monroe County Code, is hereby
repealed.
Section 3. 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 4 . All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5. 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 6. 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 9th day of February, A.D. , 1993.
- Mayor London Yes
Mayor. Pro Tem Cheal Yes
Commissioner Harvey No
Commissioner Freeman Yes
Commissioner Reich No
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY KOLHAGE, CLERK OF MON COUNTY, FLORIDA
By C • dg,11..tLdi By
Deputy erk ayor airman
EFFECTIVE DATE:
vipsychic
APP••. S T FORM
ANC G SUF CIENC
Sy
Attorneys Office
Date
r
. M-
•
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
• DIVISION OF ELECTIONS .
Room 2002, The Capitol, Tallahassee, Florida 32399-0250
(904) 488-8427
March 2, 1993
UD
Honorable Danny L. Kolhage - CO
Clerk of the Circuit Court _—ten ,
Monroe County Courthouse r1 .7) - •`= ,
500 Whitehead Street (-1 =t
<_> • r— cs
Key West, Florida 33040 ' c: • �:
i -_ --n ;,
Attention: Isabel C. DeSantis, Deputy Clerk --` r: 111
(D
Dear Mr . Kolhage: i_,
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of February 25, 1993 and
certified copies of Monroe County Ordinance Numbers 93-2
through 93-8 , which were received and filed in this office on
March 1 , 1993 .
Sincerely,
. , ? ILL/Z-' Qilv\K
. Liz Clou , Chief
Bureau of Administrative Code
tdi IF' _ COiit CORPORATION n =RN 7j -' p __='
Supplement Department .j Si1); °�I! ' O �'(`
PO Bo.. «2` /��.J.t3uSiAh�IK
Q MAR-4'93 rr7V .! <`
Tallahassee, fi ?23i€-223_: 4k iNt -ti , I 9 IZ
QQ
PtN. PU.867224t
WE hE,J('. rec veL the toiioine material,
Thank .i i• icr your assistance and cooperation, .
3rhl.ants vcS. 002-i-33, 003-1993, 0;:).-!993,
Ct-1393, 0�..6- -r?. `"`•.i.-.�'„�,''-d (09-1
• O:
Ms. Rosalie L. Connolly
t,eputy Clerk
Monroe County
' R.O. Box 1380
Key West, FL 33040
i-100-26 '[_L:Rt t.j'v"-t='-'f'al: Illllitillil�ltill�`ii iit111iilllilif11111111111iilll
K
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, February 9 , 1993 , at 3 :00 p.m. at the Key Colony Beach
City Hall, Key Colony Beach, Monroe County, Florida, the Board of
_ County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County ordinance:
ORDINANCE NO. -1993
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AMENDING
SECTION 12-31 , MONROE COUNTY CODE, IN ORDER
TO CLARIFY THAT NO OCCUPATIONAL LICENSE IS
REQUIRED FOR FORTUNE-TELLERS, CLAIRVOYANTS,
AND THE LIKE IF SUCH PRACTICES ARE PART OF
THE RELIGIOUS TENENTS OF ANY CHURCH; REPEAL-
ING SECTION 12-32 , MONROE COUNTY CODE, WHICH
PROVIDES FOR CERTAIN MONROE COUNTY REGULATORY
CONTROLS OVER THE ISSUANCE OF FORTUNE-TELLER,
CLAIRVOYANT, ETC. , OCCUPATIONAL LICENSES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE; AND PROVIDING AN EFFEC-
TIVE 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, 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 ordinance are available for
review at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 8th day of January, 1993.
V R!>!O-WAIN(10 0 3 O i N 011 DANNY L. KOLHAGE
'1O 'i!!0 ')11O Clerk of the Circuit Court
30VH10N1ANNVO and ex officio Clerk of the
Board of County Commissioners
SS C Wd 8z NU C61 of Monroe County, Florida
( 3a a3-1
SERVING THE UPPER KEYS
FOR OVER 20 YEAJ S
DAGNY WOLFF
Editor&Publisher BOX 1197 • TAV E R N I E R, FLA. 33070
(305) 852-3216 Y
FAX 852-8249
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&PUBLISHER
of THE REPORTER,a weekly newspaper published at Tavernier,Monroe County,Florida:
that the attached copy of advertisement,being a_LEGAL NOTICE
IN THE MA FI ER OF NOTICE OF INTENTION
IN THE _ Court,was published in said
newspaper in the issues of_1/14 AND 1/21/93
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.
SWORN TO AND SUBSC ED BEFORE ME THIS
21ST_DAYSOF_JANUARY_A.D.,1993
10 '2110 ')I10
NOTARY PUBLIC 3 0 V H,O) I A M V a
MY COMMISSION EXPIREGARY PUBLIC;STATE OP FLORIDA AI LAR3 � i 9]J (�CO c
MY COMMISSION EXPIRES FEBRUARY 05f 199E L
BONDED THRU AGENT'S NOTARY BROKERAGE
(Id OO•.3 110N Q731
-.
t
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF.COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WI,IOM IT MAY CONCERN'
that on Tuesday,February 9,1993,at 3:00 p.m.at the Key Colony Beach
• City Hall,Key Colony Beach,Monroe County,-Florida,the Board o1
County Commissioners of Monroe County,Florida;intends to consider
• the adoption of the following County ordinance:
ORDINANCE NO. -1993
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY,FLORIDA,AMENDING SEC
. TION 12-31,MONROE COUNTY CODE,IN ORDER TO CLARIFY•
THAT NO OCCUPATIONAL LICENSE IS REQUIRED FOR FOR
TUNE-TELLERS, CLAIRVOYANTS, AND THE LIKE IF SUCH;
PRACTICES ARE PART OF THE RELIGIOUS TENENTS OF ANY:
CHURCH;REPEALING SECTION 12-32,MONROE COUNTY CODE„
WHICH PROVIDES FOR CERTAIN MONROE COUNTY REGULA
TORY CONTROLS OVER THE ISSUANCE OF FORTUNE-TELLER,j
CLAIRVOYANT,ETC.,OCCUPATIONAL LICENSES ; PROVID-
ING 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,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 ordinance are available for review
at the various public libraries in Monroe County,Florida. .
DATED at Key West,Florida,this 8th day of January,1993.
. DANNY L.KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
• • Board of County Commissioners .
• - • - - _ of Monroe County,Florida
Published:1/14 and 1/21/93 .
The Reporter
Tavernier,FL 33070 • - -
UIII
The Key rs Citizen
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE:
Before the undersigned authority personally appeared Randy 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 (0/1,C nuel, _aA4,10
in the court, was published in said newspaper in the
issues of S_ 11,�, / 7 q-" n�`� )a/9. 3
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
neither 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
newspaper.
• (Signature of Affiant)
Sworn to and subscribed before me thisc -1 day of 1993.
kin PR-1(5i' , -.1z1 li i&y Public)
SEAL - NOTARY P r3LIC TAT OO P C:A 10 '2J I )110
aON
COP>WIS id s?oEXP.AUG.2s:Z' Pr1-1-1 oN '1 AN N'Hette J. Push
(Name oLN t ry Public)
Expires:: C Wd
Personally Known or Produced Identification :rJ0n11 Q J-1 J,
Type of Identification Produced
'
�
�
_
TO CON-
SIDER ADOPTION OF COUNTY
"""
I MAY CONCERN that.on I
` *u F
p.m. at the Key Colony Beach City
. ` Hal/ -
_��D_Liaty,-Florida,tI`T0-,B&6Fd of County
/
Commissioners or Mn�mo County,
Florida, intends t000nsidor the '
adoption of the following County or-
dinance:
/ ORDINANCE NO.1q93 |_ _
' AN ORDINANCE OF THE BOARD
/ OF COUNTY '
| MomRoE coum/,. FLORIDA,
/ AMENDING SECTION 12-31, MON'
/ ROE/:OUNTY CODE, IN ORDER`
TO CLARIFY THAT NO OCCUPA-
TIONAL LICENSE IS REQUIRED.
FOR FORTUNE-TELLERS. CLAIR-
VOYANTS,AND THE LIKE IF SUCH
PRACTICES- ARE PART OF THE
RELIGIOUS TENENTS OF ANY
CHURCH; REPEALING SECTION
12'32 MONROE COUNTY CODE, '
WHICH PROVIDES FOR CERTAIN
' MONROE COUNTY REGULATORY
CONTROLS OVER THE ISSUANCE
' OF FORTUNE-TELLER, CLAIR-
VOYANT, ETC, OCCUPATIONAL
' LICENSES; PROVIDING FOR GE`
VARAB/L[TY; PROVIDING FOR RE'
. pEAL FO ALL ORDINANCES |N' .;
i CONSISTENT H PRO-
VIDING FOR INCORPORATION /
INTO THE MONROE COUNTY
� CODE; AND PROVIDING AN EF-
FECTIVE DATE.
� Pursuant to Section 286.0105. Flor-
ida Enatuteo, notice is given that if o �
person decided to appeal any deci-
sion h respect
to any matter considered at such
\ hearing or meeting, 'he will need a .' — l record ofthe proceedings, and that,
en-
surefor such
�a a� verbatim record of the �
proceedings is made, which record
includes the teetimnny'andevidence �
upon which the epp�al. is to be
booed.
Copies of the above-referenced ordi-
nance ,rn,ovanamo for review at the
various public libraries in Monroe
County,Florida.
DATED at Key West, Fliohda dhio0h
day ofJanuary,1983. ' —
DANNY L.KOLHAGE
Clerk of the Circuit Court
and ex off icio Clerk of the, -
Boardofonunty Commissioners
d Monroe County, Florida /
� January 17,241QSu
'
'? •
PROOF OF PUBLiCATION Mb i
y_ ,
,
•
— THE FLORIDA KEYS KEYNOTER
•
Published Twice Weekly
• MARATHON, MONROE COUNTY, FLORIDA
d
STATE OF FLORIDA . )
COUNTY OF MONROE)
•
Before the undersigned authority personally appeared EDWARD J. LEDUC who on oath, says that he is PUBLISHER
of the FLORIDA KEY:; KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA;•
that the attached copy of advertisement, being NOTICE OF INTENTION TO CONSIDER ADOPTi01_9 QRJZ._
IN THE MATTER OF Ordinance to amend MCC Sec. 12-31 • in the
• Court, was published in said
•
newspaper in the issues of January. 16 $t 23-A- 1993 •
no.3821800 -
• Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at NOTICE OF INTENTION
TO CONSIDER ADOPTION I '
MARATHON, in said MONROE COUNTY, FLORIDA, and that the said newspaper OF COUNTY ORDINANCE
has heretofore been continuously published in said MONROE COUNTY, FLORIDA, TORTWHOM -ITRMAYG ofN'
• ruarry 9fi1993. at 300ap.meat%
twice each week (on Wednesday and Saturday) and has been entered as second class the Key Colony Beach City,
Hall,Key Colonv Beach,Mon-
mail matter at the post office in MARATHON, in said MONROE COUNTY, FLORIDA, ofeCou ty,Florida,the Boarodf,
for a period of one year next preceding the first publication of the attached copy of ends o County,n t Florida,tion'
advertisement; and affiant further says that he has neither paid nor promised any of the following County ordi-
nance:
m
ORDINANCE NO.'r1993
-person, firm, or corporation any discount, rebate, co sion or and for the AN ORDINANCE OF THE
BOARD OF COUNTY COM-'
purpose of securing this advertisement for • ° • ion i aid ne spaper. COUNOTYERS OF MONROE;
FLORIDA,
MONROE SUNTY ODE
MONROE COUNTY CODE '
IN ORDER TO CLARIFY
�_ — �� THATIENO OCCUPATIONAL,
FOR/
/I _—� — LICENSE IS REQUIRED FOR
CLAIRVOYANTS ANb THE'
_� — — --- LIKE IF SUCH CLAIRVOYANTS,
ARE PART OF THE RELI-
GIOUS TENENTS OF ANY
• CHURCH;REPEALING SEC-,
TTION 12-32 MONROE COUN-I
-- „ ' VIDESOFDOR'CERTAIN PRO-I
-- I ROE COUNTY REGULATO-
(SEAL) , RY CONTROLS OVER THE,
, ISSUANCE OF FORTUNE-,
ITELLER, CLAIRVOYANT,'
ETC: OCCUPATIONAL. LI-'
CENSES; PROVIDING FOR
,
SWORN TO AND SUBSCRIBED BEFORE ME THIS • NG FOR REPEiAL OFOAILDL
ORDINANCES INCO VID-'
TENT HEREWITH PROVID-;
�Ji}, ING-,FOR INCOR,ORATION:
A.D° 19_ �,/
INTO-THE'MONROE COUN-t
DAY OF _ A.D.
'AN sEFFECTIVE DATTE.DING,
-61
Florida Statutes,noticeBis0Qpiv-j
-- 7 _,..... "� appealr any decision decided
to-;
the Board with respect to any
matter considered at such/
e
hearing or meeting, he .will
•
need a record o f the proceed-
pInes, and that;-for such put-,
. .__ r i»r 1 °n l ld(10 0 O d P'i 0 k'1 ihaf a verbatim ereco d of the'
MARY LOL<"SOLLBERGER °l0 '21f0 °)1l0 r orddincludes thetestimonyl
My Comm Exp. 8 19 96 3 0 L'H G 'l �lN b d and evidence upon which the
�� /, ! appeal is fo be based.
.NorARY 0 Copies of the above-referenced u'. PQIBUC o' Bonded.By Service ins ordinance ale available-#or re-
�",of F`O�� No. CC21.9643 7 [I J view at the various public 11
�Z I Lid ` 93J C6, Florida. In Monroe County;
,�I Florltl
r P{3'?-XY M1 1]Mb:fla I DATED at Key West Florida.;
( 1 //''77 nn-7\' HOd
I- ;this 8th day of January,1993..
U�O 3 i a i-I d I DANNY L.KOLHAGE;
Clerk of the Circuit Court
and ex officio Clerk of the,1
Board of County'
Commissioners of
Monroe County,Florida/
Publish:Jan.16 8 23,1993
- I Florida Keys Keynoter '