Ordinance 009-1984ORDINANCE NO. 009 -1984
AN ORDINANCE AMENDING ORDINANCE NO. 9-1981 TO
PROVIDE THAT THE TOURIST DEVELOPMENT TAX
IMPOSED IN THE AFORESAID ORDINANCE BY VIRTUE
OF FLORIDA STATUTE 125.0104 MAY BE LEVIED
AND COLLECTED IN ALL OF MONROE COUNTY;
AMENDING SUBSECTION A AND B OF SECTION 4;
PROVIDING FOR THE DISTRIBUTION PLAN OF TAX
FUNDS COLLECTED; AMENDING SECTION 6 ENTITLED
"REFERENDUM" TO PROVIDE THAT THE AFORESAID
SECTION SHALL HENCEFORTH APPLY TO ALL OF
MONROE COUNTY; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and County Commission have directed that
a County wide referendum be established for the purpose of
determining whether or not a Tourist Development Tax shall be
levied as per Florida Statute 125.0104 throughout the whole
County, and
WHEREAS, there exists today a Tourist Development Council
for the City of Key West as created by Ordinance No. 9-1981, and
thus this District hereinbefore created will be a part of the
County -wide district in the event the referendum is successful,
and
WHEREAS, a plan for the balance of Monroe County has been
developed and contained herein for said area wherein the
referendum is to be conducted, and
WHEREAS, there is an existing Tourist Development Council
which shall continue to remain and conduct the business of the
Tourist Development Council created by the referendum, and
WHEREAS, said referendum shall only pertain to the
unincorporated areas of Monroe County, including the Cities of
Key West and Key Colony Beach in said district, now, therefore,
BE IT ORDAINED BY THE MAYOR AND COUNTY COMMISSION OF MONROE
COUNTY, FLORIDA, that:
Section 1. Section 4 entitled "Tourist Development Plan" is
hereby adopted as the prospective anticipated revenues for the
next 24 months and their distribution, said plan being as
follows:
"SECTION 4. TOURIST DEVELOPMENT PLAN:
A. The Monroe County Tourist Development Council estimates
that the levy and imposition of the tourist development tax will
generate a gross revenue to Monroe County, excluding Key West,
within a twenty-four (24) month period of One Million Three
Hundred four thousand four hundred twenty eight dollars and
00/100 (1,304,428.00) and that costs of collection of the tourist
development tax by the Department of Revenue will estimate
approximately Four Thousand Six Hundred Eight Dollars ($4,608.00)
within a twenty-four (24) month period. The Council, therefore,
estimates that the tourist development tax will generate a net
total of One Million, Two Hundred Ninety Nine Thousand, Eight
Hundred Twenty and 00/100 ($1,299,820.00) within a twenty-four
(24) month period.
B. The Council recommends that the revenues from the
tourist development tax be utilized for the following projects
and uses which are listed by order of priority and approximate
allocation:
PROJECT
1. To promote and ad-
vertise Monroe County
tourism within domestic
and international
markets.
APPROXIMATE ALLOCATION
FOR 24 MONTHS
2. To promote County tourism
by sponsoring tourist -
oriented cultural & special
events such as visual & per-
forming arts, including, but
not limited to theater, con-
certs, recitals, opera, dance,
art exhibitions, festivals,
tournaments, races, and other
tourist -related activities, and
to construct, operate and man-
age facilities for such events
as provided for in Section
5.A.(1) of Florida Statutes
Chapter 125.
$913,099.60
$391,328.40
OF NET REVENUE
FOR 24 MONTHS
70%
30%
Further, the funds received and to be expended in accordance
with the plan shown herein shall be collected and spent for the
following designated areas; (1) Voting District Five, (2) the
area from the west end of the Seven Mile Bridge to the City
limits of the City of Key West and the area from the west end of
the Seven Mile Bridge to the Long Key Bridge and (3) from the
Long Key Bridge to Snake Creek Bridge. It is part of this
Ordinance that only the County Commission may alter the
distribution herein provided after an appropriate public hearing.
2
Section 2. Section 6, entitled "Referendum":
(a) This Ordinance shall not take effect until approved in
a referendum election by a majority of the electors of Monroe
County, excluding Key West,voting in a referendum election to be
held on March 13, 1984.
(b) The Board of County Commissioners of Monroe County
shall place on the ballot in the election of March 13, 1984 a
questions which will read substantially as follows:
---FOR the Tourist Development Tax
--- AGAINST the Tourist Development Tax.
Section 3. Section 7, entitled "Repeal of the Tourist
Development Tax":
(a) Upon petition of fifteen percent (15%) of the electors
in Monroe County, Florida, excluding the City of Key West,
Florida, the Board of County Commission shall cause an election
to be held for repeal of the Tourist Development Tax as required
by law.
Section 4. Advisory Committees may be created by the
various Chambers of Commerce in Monroe County to make
recommendations to the Tourist Development Council concerning the
expenditure of the tax funds herein collected in each voting dis-
trict.
Section 5. All other sections and provisions of Ordinance
No. 9-1981 are hereby ratified and it is the intention of the
Board that if any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or
unconstitutional by and Court of common jurisdiction, said
portion shall be deemed a separate, distinct and independent
provision and such holding shall not effect the validity of the
remaining portions of this Ordinance.
Section 6. Section 10, entitled "Effective Date":
A. This Ordinance shall become effective on the first day
of that month following approval thereof by referendum as
aforesaid in the manner as prescribed herein for said referendum,
and upon its being filed with the Office of the Secretary of
State in Tallahassee, and a certified copy being furnished to the
3
Department of Revenue who shall be in collection of the Tourist
Development Tax on the first day of the month following approval
in the referendum election.
(SEAL)
Attest:
DANNY L. KOLHAGE, Clerk
C1 k
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By 1, 1
Mayor/Chairman
AS 70 FORM
BYE
Anorne�s Office � �
4
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, February 24, 1984 at 10:00 A.M. at the Marathon
Subcourthouse, Marathon, Monroe County, Florida, the Board of
County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County Ordinance:
ORDINANCE NO. -1984
AN ORDINANCE AMENDING ORDINANCE NO. 9-1981 TO
PROVIDE THAT THE TOURIST DEVELOPMENT TAX
IMPOSED IN THE AFORESAID ORDINANCE BY VIRTUE
OF FLORIDA STATUTE 125.0104 MAY BE LEVIED
AND COLLECTED IN ALL OF MONROE COUNTY;
AMENDING SUBSECTION A AND B OF SECTION 4;
PROVIDING FOR THE DISTRIBUTION PLAN OF TAX
FUNDS COLLECTED; AMENDING SECTION 6 ENTITLED
"REFERENDUM" TO PROVIDE THAT THE AFORESAID
SECTION SHALL HENCEFORTH APPLY TO ALL OF
MONROE COUNTY; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR 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.
DATED at Key West, Florida, this 2nd day of February, 1984.
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)
PROOF OF PUBLICATION
SERVING THE UPPER KEYS
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared " ; DAGNY WOLFF
who on oath, says that he is €nT- QR 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 MATTER OF NOTICE OF INTENTION TO CONSIDER
in the Court, was published in said
newspaper in the issues of 2-9-84
Affiant further says that the said REPORTER' - _ _
NOTICE OF INTENTION TO CONSIDER
newspaper published at Tavernier, in said Monroe Ci ADOPTION OF COUNTY ORDINANCE l
Florida, and that the said newspaper has heretofore NOTICE: IS HEREBY GIVEN TO WHOM ITMAY; CONCERN thatbn Friday,
Pebruary 24, 1984 at 10:00 A.M. at the Marathon Subcourthouse. Marathon.
continuously published in the said Monroe County, I Monroe County, Florida, the Board of County Co misgioners of Monroe County, i
41orida, intends to consider the adoption of the toll •ing.County Ordinance:
each week (on Thursday), and has been entered as sf
class mail matter at the Post Office in Tavernier, ORDINANCE' NO. -198,
AN ORDINANCE AMENDING ORDINANCE: NO. 9-I981 TO PROVIDE
County of Monroe, Florida, for a period of one yeas 9'IiATI'HF.I'OURISI'DE:VF:I.OPMI:NTTAXIhIPOSEI)IN1'EIF.AFORI•:SAID
preceding the first publication of the attached cox ORDINANCE: tit VIRTUE OF FLORIDA STATUTE1zs.o1o4 MAY BE
LEVIED AND COLLECTED IN ALL OF MONROE COUNTY: AMENDING 2
advertisement; and affiant further says that he ha, SUBSECTION A AND .B OF SECTION 4; PROVIDING FOR THE: �
DISTIZIBUTION PLAN OF'TAX FUNDS COLLECTED; AMFNDING SECTION
paid nor promised any firm, person, or corporation 6 ENTITLED •`REF'ERF.NDUM'•_TO PROVIDE THAT THE AFORESAID
SECTION SHALL. HENCEFORTH APPLY TO ALL OF MONROE COUNTY;
discount, rebate, commission or refund for the purl PROVIDING FOR SI:VI:RAI31LIT1'; AND PROVIDING FOR AN I:E'Fp•('TI\'fi
DATE.
securing this said advertisement for publication i
-_Pursuant to Section 286.0105, Florida Statutes,, notice is given that if a person
said newspaper. 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 testimonv and evience upon which
the appeal is to be based.
DATE: D at Key West, Florida, this 1st day of February%, 1984.
S - - - 17t. - DANNY L. KOLI{AGE
SWORN TO AND SUBSr RIBED BEFORE -'ME` THIS - Clerk of the Circuit Court
Of Monroe County, Florida
DAY OF A �
FEBRUAR•Y. ; _ •84 and ex oil' ioClerkofthi,:
• . � Board of Cauntr :'ommissioner
of Monrnc 'ounty, Florida
/ - I Published:2/9
L= 'lY. �'' y✓'� rL/�/�- �-��� The Reporter _
1• • i.l_ Tavernier, FL:33070
Aftj -ST ATE OF 'FCORIDA - ---
MY COMMISSION EXPIRES: MY CQMMISSION;EEXPIRES APR 2 1987
bUNUtU 7, KJZ tN KA_ INSURANCE UND.
`- ROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Judith E. Proulx
Before the undersigned authority personally appeared , who on oath, says
Office Manager
that he is 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 Adoption
Tourist Development Tax of County Ordinance
IN THE MATTER OF in the
Court, was published in said
newspaper in the issues of
February 9, 1984
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously
published in said Monroe County, Florida, each week (on Thursday) and has been entered as second
class mail matter at the post office in Marathon, in said Monroe County, 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 person, firm, or corporation any discount, rebate, com-
mission or refund for the purpose of securingthis advertisement for publication in the said newspaper.
(SEAL)
SWORN TO AND SUBSCRIBED BEFORE ME THIS
DAY OF % r . �' A.D. 19
10 % Bk 1
MY COMM-7 SS I ON EXP I RES MAY '31 19.8 7
BONDED THRU GENERAL INSURANCE UND
PROOF OF PUBLICATION
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
Ir
STATE OF FLORIDA)
ss.
COUNTY OF MONROE)
Before the undersigned authority personally appeared ..............
Manuel ...m3nez...•••• who on oath says that he is
. ...........
....... Publisher ............. of The Key West Citizeu, a
r
daily newspapeF published at Key West in Monroe County; Florida; that
the attached copy of advertisement, being a
ADOPTION
OFCOUNTY
ORDINANCE
NOTICE IS HEREBY ;
in the matter Of County Ord.: GIVEN TO WHOM IT
MAY CONCERN that on I
Friday, February 24, 1984
at 10.00 A.M. at the I
Marathon Subcourthouse, '
Marathon, Monroe i
County, Florida, the
re; Tourist Development Tax Board of County Monroe
missioners of Monroe �
County, Florida, intends ,
to consider the adoption
of the following County I
Ordinance:
fORDINANCE NO.-1984 j
'AN ORDINANCE
CAMENDING OR
DINANCE NO. 9-1981 TO '
PROVIDE THAT -THE
was published in said n-I • spaper in tha issues Of � MTOURIST DEVELOP -
ENT TAX IMPnSFI�
IN THE AFORESAID
ORDINANCE BY VIR-
Feb• 39 1984 TUE OF FLORIDA
STATUTE 125.0104 MAY i
BE LEVIED AND I
COLLECTED IN ALL -OF I
furt!ier Pays that. tin �� 7To�,i MONROE COUNTY::!
}�� «_ �. .,aic' The IiL r,, �j AMENDING
n�'wf'va`- " :�ii 1.l:iii';:� c3i Key j4b�t, 71 ciclii r.07i1C`: (pu[ SUBSECTION A AND B
t ~ ' i ! OF SECTION 4;
that: �__l � c.; i ^. new -paper has rCrt'tU:l _, ? I? =.Ei. COrizinuejPROVIDING
F RPTHE
i?? '-"` LAN
,•Z'Oe "c-catty, Florida, eaci: .ate, .eKCept Sat>I of TAX FUNDS
�,-• COLLECTED; i
beta ,: 1_:•' (,,,; �� second class Lvgil. "a1:1:.L ?� at ?'I.f. _.;O.- ?> ' AMENDING SECTION 6
ENTITLED
West, ill .i C '�;:7:11'(�e CUilnryy :' 1_n'�: i_�ct, C^.i: E':: i Oil P REFERENDUM" TO
pr.eceeding ( •• PROVIDE THAT THE
i. c?. St ilUiil l._ � i.' ;11 (? � �;;•-j ,- L iacbv_d _Ol" AFORESAID SECTION
SHALL ment; and :i)_ `: ; ;al: �1-TrLCi•? .. �' i;!,d'� 1^ 3S n81iL1:':_ j APPLY TONCALLOROF
�;, f , . r
any per?Orx, _q c - __ T ^-n d SCCL11t, rtu3ti MONROE COUNTY;
PROVIDING I
refund for _ i.ii:.r. riC Or;(3 LY'lYlg, Ch1S BdVel l:iSemel, .FOR SEVERABILITY;
L�'fr:Sj, �eY. y AND PROVIDING' FOR
in the .,3i1
} AN EFFECTIVE DATE.
I Pursuant to Section
c\ Q\:�DA 286.0105, Florida Statutes',
S �rF QF 29 19B1, notice is given that if a j
5 V person decided to appeal
any decision made b the
Board with res ect to an
I, hearingsorimeetingsuhe
(SEAL) it �Lv ('c\` will need a record of the
proceedings, and that, for 1
such purpose, he may i
need to ensure that a
Sworn to a at subscr1bed hefora' tue LI1:Lss_ _ _ _ verbatim record of the
proceedings is made,
day'0f A.D. 9 which record includes the
testimony and evidence
"upon which the appeal is.
• •� • • • to be based.
DATED at Key West, j
• • • • • • • • • • • • • ` Florida, this 1st day- of
February, 1984..
DANNY L. KOLHAGE
Clerk of The Circuit Court
of Monroe County,
Florida
i and ex officio Clerk of. the
Board of County Corn-
missioners
IofMonroeCounty,
Florida -- - yj
E ._Feb.3,1984 •
vpf tHE ST,p�O
� O
W _ p
u
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
March 9, 1984
Honorable Danny L. Kolhage, Clerk
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Ms. Virginia M. Pinder, D. Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
/ 1. Receipt of your letter/s of March 6, 1984
1/ and certified copy/ies of Monroe
County Ordinance/s No./s 84-9 and 84-10
2.
Receipt of _
relative to:
(a)
(b)
which we have numbered
County Ordinance/s
which we have numbered
�3. We have filed these Ordinance/s in this office
this/these
on March 9, 1984 1984.
4. The original/duplicate copy/ies showing the filing date
being returned for your records.
is/are
NK/ mb
Enclosure
Cordially,
(Mrs.) Nancy Kavanaugh C
Chief, Bureau of Laws
FLORIDA-State of the Arts