Ordinance 038-1986
Harry F. Knight
Tax Collector
ORDINANCE NO, 038 -1986
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES OF THE
COUNTY OF MONROE, FLORIDA, BE AMENDED BY ADDING
SUBSECTION (3) TO SECTION 12-22 OF SAID CODE;
PROVIDING THAT ALL RENTAL UNITS IN THE
UNINCORPORATED AREAS OF MONROE COUNTY, FLORIDA,
EXCEPT THOSE OCCUPIED BY THE OWNER BE SUBJECT
TO AN OCCUPATIONAL LICENSE TAX FOR RENTING SUCH
RENTAL UNITS; PROVIDING FOR SEVERABILITY; PRO-
VIDING FOR INCLUSION IN THE CODE OF ORDINANCES;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. That section 12-22 of the Code of Ordinances of
the County of Monroe, Florida, be amended by adding subsection 3
to said section, to read as follows:
"(3) Every owner, manager, rental agent or association
engaged in the business of renting accommodations on a
daily, weekly or monthly basis in public lodgings as
defined in F.S. Chapter 509, in condominiums as defined
in F.S. Chapter 718, in cooperatives as defined in F.S.
Chapter 719, in time-share units as defined in F.S.
Chapter 721, and in apartment houses defined as a
multiple dwelling divided so as to make independent
suites for occupancy, shall pay for each rental unit an
amount of fifteen dollars ($15.00) for each unit. The
unit count shall not include units physically occupied
by the owner.
Advertising that such owner, manager, rental agent
or association has units available for rental on a
daily, weekly or monthly basis shall be prima facie
evidence that such renting is being conducted.
Possessing such occupational license required by
this section shall not relieve the owner, manager,
rental agent or association from the obligation of
collecting and transmitting to the proper authorities
any and all appropriate taxes required for such
transactions.
Where rentals are made on an individual owner's
behalf, or association's behalf, the average number of
units under rent in any month shall be the number of
units required for count for the payment of the
per-unit occupational license fee.
Ownerships of periods of less than six (6) months
are presumed to be "rentals" under this ordinance in
that they are presumed to be temporary of less than six
(6) month's duration, rather than permanent of more
than six (6) month's duration."
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. 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 4. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
any such conflict.
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 ~ day of ",Ale"'te.r . A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. ~~le~
BY. ~~ . _
YO-R/CHAIRMAN
(SEAL)
ATTEST pANNY L. KOLHAGE, Clerk
-/211 41/ iP. tt.
LERK
AP. VED AS TO FOR~/!
A EGAL SUFFICIENC.
8Y · ~ A-.l..lJ
· A_....... Offic< r '
PROOF OF PUBLICATION
BOX 1197, TAVERNIER, FL, 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authGrity personally appeared DAGNY WOLFF
, who on oath, says that he is EDITOR dNJ) PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL AD
IN THE MATTER OF
in the
NOTTC~ OF INTENTION TO CONSIDER
Court, was published in said
of
newspaper in the issues
10/9 ~~ 10/30 ISSUES
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.
)
/
DAY OF
ME THIS
86
A.D.,19_.
~"."._.) , 1
. '[,.
SEfL ,)
SWORN TO' AND
30TH
MY COM~\ J 5S I ON
NOTARY PUBLI
NOTARY PUBLIC, STATE OF FLORIDA
EXPIRES ,MY COMMISSION EXPIRES MAR. 15,19 .
BONDED THRU NOTARY PU6LIC UNUt:.t<YVl'dTERS
•
•
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF r0 UNTY ORDINANCE
NOTICE IS HEREBY GIVEN TOY AY CONCERN that I
� on Friday,
November 7,1986 at 3:00 P.M.in Com.,� ,__1,"500 Whitehead Street,Key f
West,Monroe County,Florida,The Board of County Commissioners of Monroe !
County, Florida, intends to consider the adoption of the following County
ordinance:
ORDINANCE NO. -1986
AN ORDINANCE OF THE COUNTY OF MONROE,FLORIDA,PROVIDING
THAT THE CODE OF ORDINANCES OF THE COUNTY OF MONROE, • 1
FLORIDA,BE AMENDED BY ADDING SUBSECTION(3)TO SECTION 12-22
OF SAID CODE; PROVIDING THAT ALL RENTAL UNITS IN THE
UNINCORPORATED AREAS OF MONROE COUNTY, FLORIDA, EXCEPT
THOSE OCCUPIED BY THE OWNER BE SUBJECT TO AN OCCUPATIONAL
( LICENSE TAX FOR RENTING SUCH RENTAL UNITS;PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN- THE CODE OF 1
ORDINANCES;PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
i,: PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; ,
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 hearings or meetings,he will need a record of the proceedings, •
and that,for such purpose,he may need to ensure that a verbatim record of the i
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 30th day of September,A.D.1986. •
• DANNY L.KOLHAGE
Clerk of the Circuit Court
of Monroe County,Florida
and ex officio Clerk of the i'
Board of County Commissioners . I
} of Monroe County,Florida
Published:10/9&10/30/86
I The Reporter
Tavernier,FL 33070
.
i
-
. . l
• THE KEY WEST CITIZEN . •
Published Daily-
Key West, Monroe County, Florida 33040
STATE OF FLORIDA) •
ss.
COUNTY OF MONROE)
Before the undersiged authority personally appeared
iq' . co44xm , who on oath says that he is
Mt _gtiI .&114v Mop. 1m of the Key West Citizen, a daily news-
paper published at Key West in Monroe County-,- Florida; that the ''-`°-'-'', ;'
:I -
attached copy of advertisement, b';eing, a; '' ,, r.
Matti-0
r '-0 r NO1 ICE OF INTENTION TO
-,ci C'ONStDER ''
dADOPTION OF COUNTY OR -
jgy DINANCE :
*d NOTICE IS HEREBYGIVEN-TO"
l WHOM IT MAY CONCERN that on
in the matter off,
Friday, November 7,� 1986 at 3:00
P.M. in Courtroom` "B 500:r
�1 r1_�n o„Aim I Whitehead Street, Key 'BoardWest,-
-i- ( \mac l {ynt�!e2 County, Florida, the Board
of ,:•tx,tnty Commissioners of Monroe �,
County, Florida, intends to consider i
the adoption of-the following County '
ordinance:, • 1
•
1I ORDINANCE NO. -1986
AN • ORDINANCE OF THE i
waspublished in said newspaper in the issue COUNTY NG-T10 T TH, CODEFLORI F
PROVIDING THAT THE CODE of
ORDINANCES OF. THE COUNTY
UL40 !�)3(( I pl K9 ' OF MONROE, FLORIDA, BE
,CJ! I AMENDED BY ' ADDING SUB-
SECTION(3)TO SECTION 12,22 OF.
Affiant further says that the said The 1 SAID RENTALENT; PROVIDING TT E
Y ALL UNITS IN THE
a newspaper published at Key West, in said /I NR
MOOE.P000NT v, AFLORSIDar '
and that the said newspaper has heretofore k EXCEPT THOSE OCCUPIED BY
lished in said Monroe County, Florida, each THE OWNER BE SUBJECT TO AN
OCCUPATIONAL LICENSE TA)(
and has been' entered as second class mail m FOR RENTING SUCH RENTAL :le
in Key West, in said Monroe County, Florida SEVERABILITYVIDPIROVIDING
year next preceeding the first publication ] FOR INCLUSION IN THE CODE ,
OF ORDINANCES PROVIDING
of advertisement; and affiarit further says t T.s ��o�a� .r�ic_ALL rpa__:d
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.
!gr-7'T, 51 c`+fir FCOIb,"i e`-
QTAi:`� c JLLi�
1 i1f1' COMA° ssioN EXPIRES !UI_Y cs ut&,
(SEAL, Gct\ER?L iNsur tC Ur`'
- — Br!iDil. 1F1RU
SWORN -AN SUBS IBED before me this Sdayof74 , 19 Z6
-- � �}� ,�� COMMISSION EXPIRES:
TA UB11C • .
-'. "PROOF OF PUBLICATION
•
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF MONROE )
Before the undersigned authority personally appeared CHARLOTTE SIKORA , who on oath, says
that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a NOTICE OF INTENTION TO CONSIDER
IN THE MATTER OF ADOPTION OF COUNTY ORDINANCE SECTION 1 2-22 in the
Court was .ublished in said
I.
newspaper in the issues of October 3 0 • 1986 I NO--CONSIO ER INTENTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- • TO WHOM IT MAY CON-
CERN that on Friday,Novem
I• ber 7, 1986 at 3:00 P.M. in
Courtroom "B"; 500 White-
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously I head Street, .Key West, Mon-
roe County,.Florida,the Board
of County Commissioners of
ublished in said Monroe County, Florida, each week (on Thursday)and has been entered as second Monroe County, he,ado, in-
published Monr ao considerFlorida,,adoption
ofthe following County ordi-
• nance:
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one ORDINANCE:OO.-1986
AN ORDINANCE:OF THE
year next preceding the first publication of the attached copy of advertisement; and affiant further COUNTY OF MONROE,
FLORIDA, PROVIDING
THAT THE CODE OF
says that he has neither paid nor promised any person,firm,or corporation any.discount, rebate, corn- COUNTY ORDINANCES OF
FLORIDA, BE' AMEND-
•
ED BY ADDING SUB-
. SECTION-(3) TO SEC-
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. TION 12-22 OF SAID
' CODE; PROVIDING
THAT ALL RENTAL
UNITS IN THE UNINCOR-
PORATED AREAS. OF
MONROE COUNTY'
FLORIDA EXCEPT
THOSE OCCUPIED. BY
THE OWNER BE SUB-.
-TO CEOATIONLNSE TX
(SEAL) FOR RENTING SUCH.
RENTAL UNITS PRO-
VIDING FOR SEVERA-
BILITY•PROVIDING FOR
INCLUSION IN THE
SWORN TO AND Sr=SCRI=E. BEFORE ME THIS F ORDINANCES-
PROVIDING
REPEAL OF ALL,OR DI-_
THd
DAY OF / �i NANCES OR PARTS OF
A. 19 ORDINANCES IN CON-
- /11 NANO WITH THIS OV - "-
(6 FLICT AND PROVID-
ING
AE,AN' EFFECTIVE
• Pursuant to Section 286.0105,
Florida Statutes, notice is
oyaalydesneadeWARY PUBLIC STATE OF FLORIDA o ppel an ciiom
by the Board with respect to
NY COpNISSION EXP. AUG 28,1990 any matter considered at such
hearings or meetings, he will
YDIDED.THRU GENERAL INS. UND. . need a record of the proceed-
- ines, and that, for such pur-
' - - pose, 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-re-
'view at the various public li-
braries- in Monroe County,
Florida. .
DATED at Key West, Florida,
• this 30th day of September,
A.D.1986
DANNY KOLHAGE
• Clerk of the Circuit Court
of Monroe County,Florida
and ex officio Clerk of the
Board of County Commission-
• - ers
of Monroe County
Publish:Oct.30 1986
Florida Keys Keynoter
PROOF OF PUBLICATION
I
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF MONROE )
Before the undersigned authority personally appeared CHARLOTTE SIKORA , who on oath, says
that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a CONSIDER ADOPTION OF ORDINANCE
IN THE MATTER OF Section 1 2—2 2 in the
Court, was published in said
•
newspaper in the issues of October 9 , 1 986 -
NOTICE OF
'INTENTION TO
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- OFOCOUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuouslyTO WHOM IT MAY CONCERN
that on Friday November m7,
1 B",500 White ead Cruet,Key.
published in said Monroe County, Florida, each week (on Thursday) and has been entered as second West, Monroe.
C ' oi-Florida,
County Commis-
sioners of Monroe County.Flori-
da,intends to consider the adop-
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one Lion of the following County Or-
dinance: •
ORDINANCE NO.-1986 •
year next preceding the first publication of the attached copy of advertisement; and affiant further AN ORDINANCE OF-THE
COUNTY OF PROVIDINGMONROE,
FLORIDA;
THAT,THE CODE OF OR-
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- DINANCES OF THE COUN-
TY.OF MONROE FLORI-• .
OA BE AMENDED. BY
3)
mission or refund for the purpose of securing this advertisement forpublication in the said newspaper. TO SECTION
EC OSU 12,22' F
P p g CO SECT ISO )DIN OF SAID
CODE,* PROVIDING--THAT
ALL RENTAL. UNITS' IN
THE,,,UNINCORPORATED
AREAS OF'*.--'MONROE
COUNTY,� Fl ORIDA EX-CEPTf�TO WAN OCCUPIED
• B THET O AN ONER'BESUB
JECTY OCCUPA
TIONAL. LICENSE TAX
(SEAL) FOR RENTING SUCH
RENTAL UNITS PROVID-
ING FOR SEVERABILITY;
9A6 PROVIDING S EQR'' INCLU-
SION IN THE--CODE OF
ORDINANCES OR PARTS
SWORN TO D SU SC IBED BEFORE ME THIS OF ORDINANCES IN CON-
FLICT WITH THIS' ORDI-
tv!"/' NANCE• AND PROVIDING
E.
DAY OF A.D.C> 19
Il� AN EFFECTIVE Section 28
Pursuant to 286.0105,
• Florida Statutes, notice Is given
" - that if a person decided to ap-
_ peal any decision made by the
Board with respect to any mat-
_ ter considered at such hearings,
or meetings,he will need a rec-
ord of uthe tproceedings,and that,
NOTARY PUBLIC STATE OF FLORIDA for such purpose, he may need
dY COMMISSION to ense pro t proceedings record
E%P, qUG 28, of the proceedings is made,
BOf10ED THRu GENERAL 1990 I which record includes the testi-
INS, vim. I mono and evidence which
the appeal is to be based.
Copies of the above-referenced
ordinance are available for re-
viewsttnonbllibie in Monroe various public
da.
Dated at Key West,Florida,this
30th day of September, A.D.,
1986. DANNY L-KOLHAGE
Clerk of the Circuit Court
of Monroe County,flroida
an ex.officio Clerk of the
Board,
County
Commissioners
Publish:Oct.9,1986
Florida Keys Keynoter
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, November 7, 1986 at 3:00 P.M. in Courtroom "B", 500
Whitehead Street, Key West, Monroe County, Florida, the Board of
County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County ordinance:
ORDINANCE NO.
-1986
AN ORDINANCE OF THE COUNTY OF MONROE,
FLORIDA, PROVIDING THAT THE CODE OF
ORDINANCES OF THE COUNTY OF MONROE, FLORIDA,
BE AMENDED BY ADDING SUBSECTION (3) TO
SECTION 12-22 OF SAID CODE; PROVIDING THAT
ALL RENTAL UNITS IN THE UNINCORPORATED AREAS
OF MONROE COUNTY, FLORIDA, EXCEPT THOSE
OCCUPIED BY THE OWNER BE SUBJECT TO AN
OCCUPATIONAL LICENSE TAX FOR RENTING SUCH
RENTAL UNITS; PROVIDING FOR SEVERABILITY; PRO-
VIDING FOR INCLUSION IN THE CODE OF ORDINANCES;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; 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 hearings or
meetings, 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 30th day of September, A.D.
1986.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
.annp I.. Itolbagt
BRANCH OFFICE
3117 OVERSEAS llIGHW A Y
MARATHON, FLORIDA 33060
TEL, (3061743-903~
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
600 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (3061 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (3061 862.9263
November 14, 1986
CERTIFIED 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 Ordinance
No. 038-1986 providing that the Code of Ordinances of the
County of Monroe be amended by adding Subsection (3) to
Section 12-22 of said Code; providing that all rental units
in the Unincorporated Areas of Monroe County, except those
occupied by the owner, be subject to an occupational license
tax for renting such rental units; etc. This Ordinance was
adopted by the Monroe County Board of County Commissioners
at a regular meeting in formal session on November 7, 1986.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
Enclosure
cc: Municipal Code Corp.
Tax Collector
County Attorney
County Administrater
PJ..annJn~' OU~tdincJ." Zbnj.~g Oll.'9ctOI'
t.A""11e tJ 3:' 3 cl ~l .2fc, ,)
• •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 receiptfje 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 boxes)for additional service(s)requested.
1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery.
3.Article Addressed-to: 4.Article Number
Mrs. Liz Cloud, Chief P 333 90 267
Bureau of Admin Code & Laws Typ,e ofService:
Department of State 0 Registered'!` ❑ Insured
The Capitol Certified El COD
Tallahassee, FL 32301 Express Mail
Always obtain signature of addressee or
agent and DAE TFg (,,,)_V ER E D.
5,Signature—Addressee 8.Addresgg6(S'Ac� d s fp. Y if
X , " reque t4, fifd e�)�p rd' G'
6.Si gent �j . m
T •
, 7.D e&Mar
ax 1336
nerYNOV 1 7 13 `f'e 11.qc"-'
1 M�E
PS Form 3811,Feb.1986 DOSTIC-RETURN RECEIPT
,
•
ATTN: Shelley
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P6L"08b•9864•cycro•SYl* S961. aunr `008E uiJod Sd
FLORIDA DEPARTMENT OFSTATE
George Firestone
Secretary of State
November 18, 1986
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the prOV1S1ons of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of
and certified copy/ies of
County Ordinance(s) 86-38 and Emergency Ord. 86-39
November 14, 1986
Monroe
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
-
which we have numbered
3. We have filed ~ffF~/these ordinances in this office
on November 17, 1986.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
C?t:l:'~ (\
(~.\'Q~z Cloud, R)ef
Bureau of Administrative Code
LC/ mb
FlORIDA-State of the Arts