Resolution 109-1988
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Tourist Development Council
RESOLUTION NO. 109 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SION OF MONROE COUNTY, FLORIDA, REQUESTING
THE STATE OF FLORIDA DEPARTMENT OF REVENUE TO
DISCLOSE CERTAIN INFORMATION RELATING TO THE
LOCAL OPTION TOURIST DEVELOPMENT TAX PURSUANT
TO SECTION 213.053(9), FLORIDA STATUTES; AND
PROVIDING CERTAIN ASSURANCES TO THE DEPART-
MENT OF REVENUE REGARDING CONFIDENTIALITY.
WHEREAS, Monroe County, Florida ("County" hereinafter), is a
political subdivision of the State of Florida; and
WHEREAS, Section 213.053(9), Florida Statutes, provides that
the Department of Revenue ("Department" hereinafter) shall,
subj ect to receipt of an authenticated copy of a resolution
adopted by the governing body, disclose to the governing body of
the county levying a local option tax which the Department is
responsible for administering, the names and addresses of the
taxpayers who reside within the taxing boundaries of such county;
and
WHEREAS, Section 213.053(9), Florida Statutes also provides
that the governing body, its officers and employees are subject
to the same requirements of confidentiality and the same pen-
alties for violating confidentiality as the Department and its
employees; and
WHEREAS,
Section 213.053(9),
Florida Statutes further
provides that the resolution requesting such information shall
provide assurances that the governing body, its officers, and
employees are aware of the requirements and penalties for violat-
ing confidentiality, and shall describe the measures that will be
put into effect by the governing body to assure the requisite
confidentiality; and
~mEREAS, the Board of County Commissioners of Monroe County,
Florida ("Board" hereinafter), the governing body of the County,
is interested in having the Department provide a list of the
names and addresses of those taxpayers who reside within Monroe
County, Florida, and make contribution to the tourist development
tax imposed pursuant to Section 125.0104, Florida Statutes; now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. The Board intends to hereby assure the
Department that the Board, its officers and employees (as de-
scribed hereinafter) are aware of the confidentiality require-
ments of Section 213.053(2), Florida Statutes, and of the pen-
alties for their violation as set forth in Sections 213.053(2),
775.082, 775.083, and 775.084, Florida Statutes. Said sections
of the Florida Statutes provide, among other things, that the
person or persons who violate the confidentiality requirement of
Section 213.053(2), Florida Statutes, is/are guilty of a misde-
meanor of the first degree and may be punished by a term of
imprisonment not exceeding one year or a fine of up to $1,000 for
a first time offense.
Section 2. The Board hereby declares that the informa-
tion received from the Department shall only be viewed by the
following County officers and/or employees: the County Attorney
and Assistant County Attorneys, the Director of the Tourist
Development Council ("Council" hereinafter) and Council members,
and the Director of the Land Authority.
Section 3. The Board hereby declares that the following
procedure shall be followed by all persons listed in Section 2
herein who receive the information from the Department. The
procedures are as follows:
a) the person receiving such information shall use such
information only for official purposes;
b) the person receiving such information shall not
divulge such information;
c) the person receiving such information shall either keep
the information under lock and key or burn or shred such informa-
tion;
d) the persons listed in Section 2 shall acknowledge in
writing that they are aware of the confidentiality requirements
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of Section 213.053 (2), Florida Statutes, and the penalties for
their violation as provided in Sections 213.053(2),775.082,
775.083, and 775.084, Florida Statutes.
Section 4.
The Board hereby requests the Department to
provide a list of the names and addresses of the taxpayers who
reside within Monroe County, Florida, and who contribute to the
tourist development tax imposed pursuant to Section 125.0104,
Florida Statutes. Said request is made in accordance with, and
pursuant to the provisions of Section 213.053(9), Florida Stat-
utes.
Section 5.
County hereby directs staff to authenticate a
copy of this Resolution and forward it to the Department of
Revenue of the State of Florida.
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 _I\i'-Wl cl , A.D., 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
g~1
By
ayor airman
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( SE~1. )
,
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At t e...;s t : DANNY L. KOLHAGE, Clerk
_~0.~ ~-I Q(J
erk
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APPROVED /is reI ,coriA
AND LEG/L'. sir" It. ..;'V,
BY ~)~~--J
BL/jeh
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