Ordinance 028-1986
Monroe County Commission
ORDINANCE NO.
028-1986
AN ORDINANCE DECLARING THAT AN EMERGENCY
EXISTS; WAIVING NOTICE BY A FOUR FIFTHS VOTE;
AMENDING ORDINANCE NUMBER 027-1986 IN ORDER
TO LEVY THE TOURIST IMPACT TAX AUTHORIZED BY
F. S. 125.0108 IN THE FLORIDA KEYS AND BIG
CYPRESS AREAS OF CRITICAL STATE CONCERN ONLY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDINq AN EFFECTIVE DATE.
WHEREAS, it is desired to allow the electors of the Florida
Keys and Big Cypress areas of critical state concern and the
electors of the City of Key West critical state concern to each
decide whether they wish to impose the tourist impact tax within
their respective critical concern areas; and
WHEREAS, the most administratively and legally appropriate
way to accomplish this desirable goal is to pass two separate
ordinances authorizing the tax in each critical area, the effec-
tiveness contingent upon the electors' approval; and
WHEREAS, to accomplish this it is necessary to remove
references to the City of Key West in Ordinance No. 027-1986; and
WHEREAS, due to the rapidly approaching general election,
and the referendum requirement of F.S. 125.0108, time is of the
essence in amending said Ordinance; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
An emergency is hereby declared and notice
Section 1.
waived by a four-fifth's vote.
Section 2. Section 1 of Ordinance No. 027-1986 is hereby
amended to read as follows:
"Section 1.
Pursuant to the provision of F, S.
125.0108, there is hereby levied and imposed a tourist
impact tax within the area of Monroe County designated
areas of critical state concern by F.S. 380.055; F.S.
380.0552; Chapter 27F-8, F.A.C.; and 27F-3, F.A.C.,
upon the privileges and in the amount described in
Sections 2 and 3 of this Ordinance."
Section 3. Section 14 of Ordinance No. 027-1986 is hereby
amended to read as follow:
"Section 14. The effective date of this
Ordinance shall be January 1, 1987, if the Ordinance is
approved by referendum at the general election held on
November 4, 1986, by a majority vote of those qualified
electors who reside in the geographical area described
in Section 1 of this Ordinance and who vote in said
referendum election. The referendum question shall be
presented in substantially the following form:
TOURIST IMPACT TAX
Should Monroe County Ordinance
amended, be approved? This Ordinance
027-1986, as
levies, in the
County, an area of critical concern, excluding Key
West, a 1% tourist tax on: each dollar of the charge
for the 6 month or less rental of tourist
accommodations, food/beverage sales at restaurants, the
sale of admissions except for school/nonprofit
organization events. The tax shall be used for
purchase of property and make up for lost ad valorem
taxes.
YES
NO
"
Section 4. If any sections, subsection, sentence, clause or
provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 6. 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 7. This Ordinance shall take effect when a copy has
been accepted by the postal authorities of the Government of the
United States for special delivery by registered mail to the
Department of State.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
Mayor/Chairman
(SEAL)
Attest:
Q.k~, JJ~
ERK
ADOPTED:
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EFFECTIVE DATE:
Sef-t t2.m be. r- J ~. I Yfft.
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FILED WITH SECRETARY OF STATE:
,APPROVED AS TO F012M
AM GAL SU~FICIENC . J l
BY ~ -~ I'--"~I
Attorney's Office ()
1Dannp I.. J101ljagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL, (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. 1305) 294-4641
BRANCH OFFICE
P,O, BOX 379
PLANTATION KEY, FWRIDA 33070
TEL, 1305) 852-9253
September 16, 1986
REGISTERED MAIL
RETURN RECIEPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Emergency
Ordinance No. 028-1986 amending Ordinance No. 027-1986 in
order to levy the tourist impact tax authorized by F.S.
125.0108 in the Florida Keys and Big Cypress Areas Of
critical State Concern only, etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a formal meeting on
September 12, 1986.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board ~c~unty Commissioners
By: ~~
Rosalie L. onnolly, Clerk
cc: Municipal Code Corp.
County Attorney
County Administrator
Finance Director
Tourist Development Council
~le
\L- 'Sl..:'t . ~ \ 0 -L(.:) L-
SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4.
Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this
card from being returned to you.The return receipt fee will provide you the name of the person
delivered to and the date of delivery.For additional fees the following services are available.Consult
postmaster for fees and check box(es)for additional service(s)requested.
1. 0 Show to whom delivered,date,and addressee's address. 2. 0 Restricted Delivery.
3.Article Addressed to: 4.Article Number
• ) Liz Cloud, Chief R 308 710 202
Bureau of Admin. Code & Laws Type of Service:
Department of State
� Registered Insured
The Capitol Certified -J COD
Express Mail
Tallahassee, FL 32301
Always obtain signature of addressee or
agent and DATE DELIVERED.
5.Signature—Addressee 8.Addres - ress(ONLY if
X req slew f .•zdJ
XSignet r• lgeh• 4 ��e �
•
ATI
SEP 181986
PS Form 3811,Feb.1986 OMES11C RETURN RECEIPT
9
FLDRIDA DEPARTMENT OF STATE
George Arestone
Secretary of Slate
September 19, 1986
Honorable Danny L, Ko1hage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provlslons
Statutes, this will acknowledge:
1, Receipt of Letter/s of
and certified copy/ies of
County Ordinance(s)
of Section 125.66, Florida
Septemher 16, ]986
Monroe
Fmergenc.y Ord 86-28 and
Emergency Ord~ 86-29
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
3. We ~Fve filed ~~/these Ordinance(s) in this office
on' Septemher 18, 1986.
4. The original/duplicate copy/ies showing the filing
date is/are being returned for your records.
LC/mb
C~~l~ ~
(~~ Cloud, Chief
Bureau of Administrative Code
FtaR'bA :::-Stat.e ofifieArts