HomeMy WebLinkAboutOrdinance 2006-23 Local Business Tax Receipt
ORDINANCE NO. 2006-23
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
ARTICLE II OF CHAPTER 10, LICENSES AND BUSINESS
REGULATIONS, OF THE WINTER SPRINGS CODE OF
ORDINANCES TO CHANGE THE TERM "OCCUPATIONAL
LICENSE TAX" TO "LOCAL BUSINESS TAX RECEIPT"
CONSISTENT WITH FLORIDA LAW; MAKING
CONFORMING AMENDMENTS TO CHAPTER 2,
ADMINISTRATION, CHAPTERS, TREE PROTECTION AND
PRESERVATION, CHAPTER 9, LAND DEVELOPMENT,
CHAPTER 10, LICENSES AND BUSINESS REGULATIONS,
AND CHAPTER 19, UTILITIES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, ofthe State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Chapter 205, Florida Statutes, authorizes the City to impose an occupational
license tax for the privilege of engaging in a business or profession within the City's jurisdiction;
and
WHEREAS, what a particular charge is named by the City is not dispositive of its correct
characterization; and
WHEREAS, some unscrupulous persons present a local occupational license to consumers
as proof of competency to perform various repairs and services; and
WHEREAS, because local consumers may be victimized by these representations, the
Florida legislature enacted Chapter Law 2006-152, amending Chapter 205, Florida Statutes, to
change the term "occupational license tax" to "local business tax"; and
WHEREAS, the City desires to amend Article II, Chapter 1 0 ofthe City Code to reflect this
change in terminology consistent with Florida law; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests ofthe public health, safety, and welfare ofthe citizens of Winter
Springs.
BE IT ORDAINED by the City Commission of the City of Winter Springs, Seminole
City of Winter Springs
Ordinance No. 2006-23
Page 1 of 12
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs.
Section 2. Code Amendment. Chapter 10, Licenses and Business Regulations, of the Code of
Ordinances, City of Winter Springs, Florida, is hereby amended as follovun(lerlined type indicates
additions and type indicates deletions, while asterisks (* * *) indicate a deletion from this
Ordinance of text existing in Chapter 10. It is intended that the text in Chapter 10 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance):
CHAPTER 10. LICENSES AND BUSINESS REGULATIONS
***
ARTICLE II. LOCAL BUSINESS TAX
RECEIPTS
***
Sec. 10-26. Required.
It shall be unlawful for any person to engage in any business coming within the scope of this
article without first obtaining a local business tax receipt therefor and paying
the prescribed fee or tax.
Sec. 10-27. License Receipt year established.
The receipt year for lice-uses local business tax receipts required by this article shall
begin on the first day of October of each year and end on the last day of September of each year, on
which latter day allliccnscs receipts shall expire.
Sec. 10-28. Limitation on term; half-year receipts.
No liccnsc local business tax receipt required by this article shall be issued for more than one
(1) year nor for less than one (1) year prior to the first day of April of each year, after which date a
receipt for six (6) months may be issued on payment of one-half of the amount of the annual
receipt fee.
Sec. 10-29. Local business tax receipts taxes established.
Local business taxes for businesses, professionals and occupations shall be
City of Winter Springs
Ordinance No. 2006-23
Page 2 of 12
established by resolution of the city commission and are on file in the building department office.
Sec. 10-30. Transfer of receipt.
All local business tax receipts required by this article shall be transferable with the
approval of the building department with the business for which the same were issued when there
is a bona fide sale or transfer ofthe property used and employed in the business as stock in trade. The
original license receipt must be surrendered to and filed with the building department and a fee of
three dollars ($3.00) paid at the time of the application for such transfer and such transfer, when
approved, shall be of the same force and effect as the original receipt.
Sec. 10-31. Revocation.
Any local business tax receipt issued under the provisions of this article may be
revoked upon five (5) days' notice by the building department after an opportunity to be heard has
been provided to the receipt holder when a business other than that designated in
the receipt is conducted or operated, or where any business is conducted in violation of this
article or any other ordinance of the city or law of the state.
Sec. 10-32. Delinquency penalty established.
(a) Those annual receipts not renewed by October 1 shall be considered
delinquent and subject to a delinquency penalty as follows:
(1) After October 1--10% receipt fee.
(2) After November 1--15% receipt fee.
(3) After December 1--20% receipt fee.
(4) After January 1--25% receipt fee.
(5) After February l--closing of business in addition to any other penalty
prescribed by ordinance.
(b) Any person engaging in or managing any business, occupation, or profession without
first obtaining the license local business tax receipt provided for herein shall be subject to
a penalty of twenty-five (25) percent of the receipt determined to be due in addition
to any other penalty provided by law or ordinance.
(c) No local business tax receipt required under this article shall be issued to any
person who has acquired a business from someone owing a receipt fee hereunder for
the business until the delinquent receipt fees are paid, provided however, that part or
City of Winter Springs
Ordinance No. 2006-23
Page 3 of 12
all of the increase may be rebated by action of the city commission.
Section 3. Conforming Amendments to Chapter 2. The following conforming amendments
are hereby made to Chapter 2, Administration, ofthe Winter Springs Code of Ordinances anderlined
type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a
deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption ofthis Ordinance):
CHAPTER 2. ADMINISTRATION
***
ARTICLE III. BOARDS, COMMITTEES, COMMISSIONS
***
DIVISION 2. CODE ENFORCEMENT
***
SUBDIVISION B. CITATIONS
***
Sec. 2-69.4. Schedule of violations.
(a) Violation of the following city codes or ordinances is a civil infraction for which a
citation may be issued:
TABLE INSET:
Section Title Class
*** *** ***
10-26 No local II
business tax receipt
* * * *** ***
Section 4. Conforming Amendments to Chapter 5. The following conforming amendments
are hereby made to Chapter 5, Tree Protection and Preservation, of the Winter Springs Code of
Ordinances (underlined type indicates additions and type indicates deletions, while asterisks
City of Winter Springs
Ordinance No. 2006-23
Page 4 of 12
(* * *) indicate a deletion from this Ordinance of text existing in Chapter 5. It is intended that the
text in Chapter 5 denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance):
CHAPTER 5. TREE PROTECTION AND PRESERVATION
***
Sec. 5-4. Permit required for tree removal and land clearing; separate violations; criteria;
contractor permit required.
***
(e) Contractor license required; contractor obtaining permits. Any person or entity
engaged in the business of tree removal or pruning shall be licensed by the city on an annual
basis. Licenses may be obtained from the city by completing an application prepared by the
city and paying the required license fee. The license application shall contain at a minimum
the name, address, and telephone number of the contractor and a copy of the contractor's
local business tax receipt and proof of liability and workers'
compensation insurance. It shall be unlawful for any person or entity to engage in the
business of tree removal or pruning within the City of Winter Springs without a license
required under this subsection. It shall also be unlawful for any such person or entity to fail
to obtain a permit on behalf of a property owner pursuant to section 5-4( a) of this chapter.
Section 5. Conforming Amendments to Chapter 9. The following conforming amendments
are hereby made to Chapter 9, Land Development, of the Winter Springs Code of Ordinances
(underlined type indicates additions and type indicates deletions, while asterisks ( * * *)
indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in
Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
CHAPTER 9. LAND DEVELOPMENT
***
ARTICLE VIII. IMPACT FEES
***
DIVISION 2. TRANSPORTATION FACILITIES
***
Sec. 9-386.7. Road impact fee rate schedule.
City of Winter Springs
Ordinance No. 2006-23
Page 5 of 12
Any person may determine their road impact fee by using the fee rate schedule presented in
Exhibit "B" [following this division] and hereby adopted, and as may be amended from time to time.
The fee rate schedule is presented for the convenience of the public and may be used in lieu of the
independent method of calculation set forth in section 9-386.8. The fee rates have been calculated
using the method of calculation presented in section 9-386.8 using recognized accepted trip
generation rates based upon acceptable national and local averages. For the convenience ofthe public
the fee rates which are based on trip generation have been converted to dollar amounts per unit of
development, i. e., per dwelling unit, per one thousand (1,000) square feet, per room, etc., depending
upon the type or classification of land development. The road impact fee is determined by the
following provisions:
***
(7) In order to take advantage of subsection (4), (5) or (6) (above) and pay impact fees
only for the net increase in development activity, the applicant shall provide reasonably
sufficient evidence that the previous land use or activity was actually maintained on the site
at any time during the five-year period prior to the date of application for the new
development approval. Such evidence may include proof of utility records, records for the
use sought to be shown, or other documentation. Local business tax
receipt issuance is not of itself substantial proof.
***
ARTICLE X. CONCURRENCY ADMINISTRATION AND EVALUATION
PROCEDURE
DIVISION 1. OVERVIEW AND EXEMPTIONS
***
Sec. 9-504. Change of use.
***
(c) The burden is on the applicant to provide reasonably sufficient evidence that the
previous use has been actively maintained on the site during the six (6) month period prior
to the date of application for the concurrency evaluation. Such evidence may include utility
records, records reflecting the use sought to be proven, and other relevant documents. An
local business tax receipt is not of itself sufficient proof of a particular
use, but may be used to support other evidence of a use maintained on a site.
Section 6. Conforming Amendments to Chapter 10. The following conforming amendments
are hereby made to Chapter 10, Licenses and Business Regulations, of the Winter Springs Code of
Ordinances ~nderlined type indicates additions and stIikcotlt type indicates deletions, while asterisks
City of Winter Springs
Ordinance No. 2006-23
Page 6 of 12
(* * *) indicate a deletion from this Ordinance oftext existing in Chapter 10. It is intended that the
text in Chapter 10 denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance):
CHAPTER 10. LICENSES AND BUSINESS REGULATION
***
ARTICLE III. SEXUALLY ORIENTED BUSINESSES AND ADULT
ENTERTAINMENT ESTABLISHMENTS
***
Sec. 10-55. Definitions.
The following words and phrases defined in this section and used in this article shall have
the meaning herein prescribed, unless the context clearly suggests otherwise.
***
Commercial or pecuniary gain: Operated for commercial or pecuniary gain shall be
presumed for any establishment which has received a local business tax
receipt. For the purposes ofthis article, operation for commercial or pecuniary gain shall not depend
on actual profit or loss. An establishment which has a local business tax
receipt or an establishment which advertises itself as a type of adult entertainment establishment
shall be presumed to be "operated for commercial or pecuniary gain."
***
Sec. 10-68. Annual license fee.
* * *
(b) The annual license fees are declared regulatory in nature, collected for the purpose
of examination and inspection of adult entertainment establishments and sexually oriented
businesses under this article and the administration thereof. This annual license fee is hereby
declared to be revenue neutral in that the city will incur a greater annual cost to license and
monitor an adult entertainment establishments and sexually oriented businesses compliance
with this article. These regulatory fees are in addition to, and not in lieu of, the
local business taxes imposed by the Winter Springs City Code or state law and other
land development or regulatory fees associated with general commercial activities and
locations.
***
City of Winter Springs
Ordinance No. 2006-23
Page 7 of 12
Sec. 10-80. Commercial bodily contact establishments provisions.
In addition to all general requirements of this article pertaining to adult entertainment
establishments and sexually oriented businesses contained in this article, a commercial bodily
contact establishment, regardless of whether it is licensed under this article, shall:
(1) Operate only from a fixed physical location which is set forth on its sexually oriented
business license and all required local business tax receipts.
* * *
Sec. 10-81. Escort service.
In addition to all general provisions pertaining to adult entertainment establishments and
sexually oriented businesses contained in this article, an escort service, regardless of whether
licensed under this article, shall:
***
(7) Each escort service shall ensure that every escort and worker ofthe escort service is
provided with a copy of the escort service's license and carries it while working as an escort
for the service, and displays said license upon the request of any law enforcement officer or
the city manager or his designee. In addition to a copy of the escort service's license, each
escort service shall ensure that each escort has an a local business tax
receipt to engage in the occupation of escort within the city and that they carry said license
receipt while working, and displays said receipt upon the request of any law
enforcement officer or the city manager or his designee. Notwithstanding the foregoing, an
escort or worker of an escort service who is a paid employee for whom taxes and social
security payments are withheld and paid by the licensed escort service and who is not an
independent contractor may substitute and carry a copy of the sexually oriented
business/escort service license of the employing escort service only, provided that worker
records as required by this article are created and maintained by the licensed escort service.
(8) If a meeting with or the service of a customer occurs at a location not open to the
public, then the escort shall check in with the on duty manager of the premises in person
where the meeting or service occurs or begins prior to meeting or servicing a customer and
advise the manager of the following; names of the escort(s), the escort service and
customer(s); the escort's time of arrival and estimated time of departure; and a copy of the
escort service's sexually oriented business license and the escort's own
local business tax receipt, if applicable, and the location ofthe meeting within the structure.
Sec. 10-88. Records--Unlawful provisions.
City of Winter Springs
Ordinance No. 2006-23
Page 8 of 12
* * *
(d) It is unlawful for a worker at or of an adult entertainment establishment or sexually
oriented business, regardless of whether licensed under this article, to fail to obtain, carry or
produce for inspection by a law enforcement officer upon request,
a local business tax receipt for the occupation in which the worker is engaged; provided,
however, that a worker of an adult entertainment establishment or sexually oriented business
who is a paid employee for whom income taxes and social security payments are withheld
and paid by the establishment and who is not an independent contractor shall not be required
to obtain a local business tax receipt or their own adult entertainment
establishment/sexually oriented business license.
***
Sec. 10-90. Special prohibitions relating to escorts and escort services--Unlawful provisions.
It is unlawful for any escort, escort service or worker of an escort service, regardless of
whether licensed under this article, to commit any of the following acts or for an operator of an
escort service regardless, of whether licensed thereunder, to knowingly permit, suffer, aid, assist or
allow any escort or escort service worker to commit any of the following acts:
(1) To enter a hotel, motel or other place oftemporary lodging for the purpose of meeting
or providing services to a customer without immediately upon entering such hotel, motel or
other place and prior to meeting the customer making personal face-to-face contact with the
on duty manager at the front desk or reception area and providing that person with the
following information:
***
b. A copy of the escort service's sexually oriented business license and, if
applicable, the escort's local business tax receipt;
Sec. 10-93. Local business tax receipts/home occupations.
(a) The city manager or his designee may take such steps as may be necessary to ensure
that the local business tax is paid by only such individuals and entities
that are lawfully permitted in accordance with the provisions of this article.
***
ARTICLE IV. AMUSEMENTS
***
City of Winter Springs
Ordinance No. 2006-23
Page 9 of 12
Sec. 10-115. Slot machines and devices.
***
(c) Slot machine or device prohibited.
***
(2) No local business tax receipt shall be issued by the city
for any business, enterprise, or organization that proposes to operate a slot machine
or device in the city and no local business tax receipt shall be
issued by the city for a slot machine or device.
***
ARTICLE V. PEDDLERS AND SOLICITORS AND MISCELLANEOUS SALES
Sec. 10-136. Transient or itinerant solicitors; permit required; prerequisite to issuance.
***
(b) The city manager is hereby authorized to issue a permit required by (a) above to
any person upon completion and submittal of an application accompanied by a fee of one
hundred dollars ($100.00) and providing for the following information:
***
(3) Valid state and/or localbusiness tax receipt or work
permit issued to conduct commercial or business solicitations or the solicitation
for funds if applicable.
***
(c) The city manager shall deny or revoke the issuance of a permit for anyone or
more of the following reasons under this section if the applicant:
(3) Fails to maintain applicable state and/or local
business tax receipt(s) or their equivalent to conduct solicitations during the term
of the solicitation permit issued under subsection (b) above; or
***
Section 7. Conforming Amendments to Chapter 19. The following conforming amendments
are hereby made to Chapter 19, Utilities, of the Winter Springs Code of Ordinances (underlined type
City of Winter Springs
Ordinance No. 2006-23
Page 10 of 12
indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 19. It is intended that the text in Chapter 19 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 19. UTILITIES
***
ARTICLE V. STORMWATER MANAGEMENT UTILITY
***
Sec. 19-174. High risk screening.
***
(c) The high risk screening program shall require:
***
(4) Recording and maintaining both an electronic database and a hardcopy file.
a. The database is updated by:
i. Adding potential generators from new businesses that apply
for a city or county local business tax receipt;
Section 8. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 9. Incorporation Into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions, alterations, and omissions, not affecting the construction or meaning
of this ordinance and the City Code may be freely made.
Section 10. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
City of Winter Springs
Ordinance No. 2006-23
Page 11 of 12
Section 11. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 11 th day of December , 2006.
John F. Bush, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
November 27, 2006
December 11, 2006
See Section 11.
City of Winter Springs
Ordinance No. 2006-23
Page 12 of 12
Orlando
Sentinel
Published Daily
~tatt of jflortba } 5.5.
COUNTY OF ORANGE
BEVERY C.5IMMONS
Before the undersigned authority personally appeared
, who on oath say's
that he/she is t~e Legal Advertisig~~61ff~ta~~fda~ndo Sentinel, a dal!y
newSI}~Qer published at In
SEMI NOLE County, Florida;
~hat the attached copy of advertisement, beinJl a ~! ~ ~ IS HER EB Y ':
In the matter of :1'.a~:..aQ :. URD# -
in the SEM I NOLE
was published in said newspaper in the issue; of 1 11aO,l 06
Court,
Affiant further s<!ys that the said Orlando Sentinel is a newspaper published at
AL TAMONTE SPR I NGS , in said
SEM I N~LE County, Florida,
and that t e said newspaper has heretofore been continuously published in
said SEM I NOI F County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office iILk\LTAMONTF SPR I Nr:S in said
SEl"lT!'WLE 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/she has neither paid
nor promised any person, firm or c oration any discount, rebate,
commission or refund for the purpos f securing t s a~rtise~t for
publication in the said newspaper.
"'
The foregoing instrument was ackn is 1st day of
DECEMBER ,20--.0..6., by
who is personally known to me and w
(SEAL)
...::.... ._;~- -.,..... ....0( __ -..-. ~__, _. ._
......~
_ ......-;J. ___._.............._ ___ .t'..... ___......
.. ...
ICE IS HEREBY
GI THE CITY
OF SPRINGS
PROPOSES TO ADOPT
THE FOLLOWING ORDI-
NANCE TO THE WINTER
SPRINGS CODE OF ORDI-
NANCES:
OROINANCE NO. 2006-23
AN ORDINANCE OF THE
- CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA,
AMENDING ARTICLE"
OF CHAPTER 10, LICENS-
ES AND BUSINESS REGU-
LATIONS, OF THE WIN-
TER SPRINGS CODE OF
ORDINANCES TO
CHANGE THE TERM "OC-
CUPATIONAL LICENSE
TAX" TO "LOCAL BUSI-
NESS TAX" CONSISTENT
WITH FLORIDA LAW;
MAKING CONFORMING
AMENDMENTS TO CHAP-
TER 2, ADMINISTRA-
TION, CHAPTER 5, TREE
PROTECTION AND PRES-
ERVATION, CHAPTER 9,
LAND DEVELOPMENT,
CHAPTER 10, LICENSES
AND BUSINESS REGULA-
TIONS, AND CHAPTER 19,
UTILITIES; PROVIDING
FOR THE REPEAL OF
PRIOR INCONSISTENT
ORDINANCES AND RESO-
LUTIONS, INCORPORA-
TION INTO THE CODE,
SEVERABILITY, AND AN
EFFECTIVE DATE.
ON MONDAY
DECEMBER 11" 2ii6& AT
6:30 P.M. On SOON
THEREAFTER IN THE COMMIS-
SION CHAMBERS
LD THE
WINT S CITY
HALL STATE
ROAD ER SPRINGS,
. DA
~~~ g~Oi~~~:~te~rg~nFn7~r~ i
ested parties between 8
a.m. and 5 p.m., Monday
through Friday, at the
City'S Clerk's Office, locat-
ed at 1126 East State Road
434, Winter Springs, Flori-
da. For more information
call (407) 327-1800 #227. Per-
sons with disabilities need-
ing assistance to partici~ate
in any of these proceedings
should contact the Employ-
ee Reiations Department
Coordinator, 4B hours in ad-
vance of the meeting at
(407) 327-1800, Extension
236. This is 0 pubiic hear-
~nri'y 1e~g~~~~~~:i~~~~~!
sian made by the City Com-
mission with respect to any
matter considered at this
. meeting, you will need a re-
cord of the proceedings,
and for such purposes, yOU
may need to ensure that a
verbatim record of the pro-
.ceedings is made upo/1
which the appeai is based.
I nterested parties are ad-
vised that they may appear
at the meeting and be heard
with respect to the proposed
ordinance.
CSE126979-NOV.30
a..aiIIi ........
G4
NOTICE IS H
GIVEN THAT
OF WINTER S
PROPOSES TO A OPT
THE FOLLOWI NG ORDI-
NANCE TO THE WINTER
~j,,~I~~S~ CODE OF ORDI-
ORDINANCE NO. 2006-23
AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA,
AMENDING ARTICLE II
OF CHAPTER 10, LICENS-
ES AND BUSINESS REGU-
LATIONS, OF THE WIN-
TER SPRINGS CODE OF
ORDINANCES TO
CHANGE THE TERM "OC-
CUPATIONAL LICENSE
TAX" TO "LOCAL BUSI-
NESS TAX" CONSISTENT
WITH FLORIDA LAW;
MAKING CONFORMING
AMENDMENTS TO CHAP-
TER 2, ADMINISTRA-
TION, CHAPTER 5, TREE
PROTECTION AND PRES-
ERVATION, CHAPTER 9,
LAND DEVELOPMENT,
CHAPTER 10, LICENSES
AND BUSINESS REGULA-
TIONS, AND CHAPTER 19,
UTILITIES; PROVIDING
FOR THE REPEAL OF
PRIOR INCONSISTENT
ORDINANCES AND RESO-
LUTIONS, INCORPORA-
TION INTO THE CODE,
SEVERABILITY, AND AN
EFFECTIVE DATE.
ON M V
DECEMBER
THER1A~Ii~'
SION C
ordinance
ested par bY inter.
a.m. and 5 p.m., Mo
t~r~ugh Fridav, at the
CltV s Clerk's Office, locat-
ed at 1.126 East State Road
434, Wmter Springs, Flari-
do. For more information
call (4q7) 327-1800 #227. Per-
~ons w,Ith dIsabilities need-
!ng assistance to particir.-ate
In any of these proceedings
should cortact the Emplov-
ee R~latlOns Department
Coordinator, 48 hours in ad-
vance of the meeting at
2(407) 3,27-.1800, Extension
_ 36. This IS a public hear-
Ing. If vou decide to appeal
a.ny recommendatiun/deci-
sl9n made bv the Citv Com-
mISSIon with respect to any
malt~r considered at this
meetmg, YOU will need a re-
cord of the proceedings
and for such purposes, you
may n.eed to ensure that a
verbqtlm record of the pro-
ce~dlngs IS made upon
which the appeal is based
IDterested parties are ad:
vised that I.hev mav appear
at. the meeting and be heard
~~67ni,~sc"e~ct to the proposed
CSEI26979-NOV.30
~""T-- iT_l~..?=.,_:,.~,.:";;:""_.>:".
m en-r,-CCfplTarTJ'ffP'1"1'V!l"-
ments. Fund SChedUleU)j'
providIng for severobilit'
~~fe~n p'iiirF:~v~~~teaJ~~ea' CE OF
and be heard regarding thi COMPLAINT
~o~t:aro~dF~g~c~f i~h~:a'i? CUlT COURT,
able in the Citv Clerk's of TH JUDICIAL
fice, Citv Hall. Person AND FOR OR-
V'{ishing to appeal anv dec~' y, FLORIDA
slOn made during the hear BER: 06-CA-9178-0
ing will need a record of th ION NUMBER: 33
proceedings and may nee
to ensure that a Verbati~ FEITURE OF
record ,is made, includin CURRENCY
b~e ~~W,'1~~vag~~afY~~~n5~ S BROWN
P9sed. Pe~sons with disabilt E32808
Itle;; needing assistance or.
~n mterpre,ter to participate
In the public hearing should
contact the Citv Clerk's of-
fice @ 407-246-2251 at least
24 hours in advance of th~
meeting,
The Depariment will is
sue the permit with the at-
tached conditions unless a
timelv petition for an ad-
ministrative hearing is filed
pursuant to Sections 120.569
and 120.57 Florida Statutes
(F.S.L before the deadline
for filing a petition. The
procedures for petitioning
for a hearing are set forth
below.
A person whose substan-
tial Interests are affected
bv the proposed permitting
decision may petition for an
administrative proceeding
(hearing) under Sections 120
569 and 120.57 of the Florida
Statutes. The petition must
contain the information set
forth below and must be
filed (received) in the Of-
fice of General Counsel of
the Department at 3900
Commonwealth Boulevard,
Mail Station 35, Talla-
hassee, Florida, 32399-3000,
Fax: 850 245.2303. Petitions
filed bv the permit appli-
cant or onv of the parties
listed below must be filed
within 14 davs of receipt of
this notice of Intent Peti-
tions filed bv anv persons
other than those entitled to
written notice under Section
120.60(3) of the Florida Stat-
utes must be filed within 14
davs of publ ication of the
public notice or within 14
davs of receipt of this no-
tice of intenl. whichever oc-
curs first. Under Section
120.60(3), F.S., however,
any person who asked the
Department for notice of
agency action may fi Ie a
petition within 14 davs of re-
ceipt of that notice, regard-
less of the date of publica-
tion. A petitioner shall mail
a copv of the petition to the
applicant at the address in-
dicated above at the time of
filing. The failure of anv
person to file a petit,1on
within the appropriate time
period shall constitute a
waiver of that personls
right to request an adminis-
trative determination (hear-
ing) under Sections 120 569
and 120.57 F.S , or to inter-
vene in this proceeding and
participate as a party to it.
Any subsequent interven-
tion will be onlv at the ap-
proval of the presiding offi-
cef upon the filing of a f!1o-
tion in compliance with
Rule 28-106.205 of the Flori-
da Administrative Code
(F:p~{i'tion that disputes
the material facts on which
the Department's action is
based must contain the fol-
lowing information:
(a) The name and ad-
dress of each agencv affect-
ed and each agency!s file or
identification number, if
known;
(b) The name, address,
and telephone number of
the petitioner, the name,
address, and telephone
number of the petitioner's
representative, if any,
which shall be the address
for service purposes during
the course of the proceed-
ing; and an explanation of
how the petitioner's sub-
~",-._"':._I :_"'____4_ ...:" ...._ _L
s who claim an
1,788.00 In U.S.
ich was seized
the 15th dav of
006, at or near
Isle Courl. Or-
, Florida. Said
n the custodv of
f Orange Coun-
laint for forfei-
en filed in the
Courl.
OLS126779-NOV.30
On December 11. 2006 @ 2:00 p.m:,
or as soon thereafter as the
matter mav be heard, the
Orlando Cltv Council wil'l
hold a Public Hearing ill
~~VI~~~O ~~~mb6;~ng~ ~~t.;'
nue, 2nd floor, Orlando FL
~18~~60 r~~~li~~~: O'A~h~?Jid
nonce of the Citv of Orlan-
do, Florida, establishing the
zoning classification as Eric D. Dunlap
R-211 (one to two family Bar No. 897477
residential) District. on eneral Counsel
propertv generallv located Orange Countv
north of Wilson Avenue Sheriff's Office
south of Cumbie Avenue; 'Services Section
east of Taft Avenue, and t Colonial Drive
west of Coolidge Avenue; as londo, FL 32804
~~~Ue~~t"adut~6rmU~~~~~ l~%~ ~6~-i6b2
'?J.~~ti o~r~~'1d?~~Ci~~ ;~~~n,.9 TICE OF
abll1tv and an effective E COMPLAINT
date. Interested parties RCUIT COURT,
~~varllJj~~a~h~~dm~)t~~~rg INTH JUDICIAL
opv of the proposed Ordi- N AND FOR OR-
nce is available in the TY, FLORIDA
H . ~:~~okn'sS w%hii~~' t~ ~t; ~:I~~ ~u~iiftf:9i~
/ any decision made dur-
the hearing will need a RFEITURE OF
ecord of the proceedings .S. CURRENCY
and may need to ensure
that a verbotim record is LITALIEN
made, including the testi- NIAL DRIVE
W~i~h t~~dapep~~4ei~crO g~ 32826
P9sed. Pe(sons with disabil- ers who claim an
Itle~ needing assistance or $3/150,00 in U.S.
f'nn tw:e~~bTlth~~f;~~ti;~~ma f~h~ 2~!1,s dg~zeo~
fc.ontoct the Citv Clerk's of- I ' 2006, at or near
Ice @ 40!-246-2251 at least II Road, Orange
24 hqurs In advance of the I lorida. Said prop-
meeting. I the custodv of the
COR126788-NOV.30 dOrange Countv. A
I, for forfeiture has
lIl!a:~::~::n:~ p~l.in the above-
IN THE CIRCUIT COURT ~R FV h thO N
N I NTH J U D I C I A L C I R: Ti, t at IS 0-
CUlT IN ing served pursu-
COUJ-ITY AF~:I<&~ ORANGE notice provisions
CASE Nb.: 48-2oo6-CA-005578-0 ~5 S6~~ut~fs ~~~.~~:
~RROTHY E. SAXE AND IVAN 0 ·
XE, TRUSTEIiS OF THE I Eric D. Dunlop
DOROTHY E. SAXE LIV- (Ida Bar No. 897477
ING TRUST DATED j C I
APRIL 21, 1970, AS <"t General ounse
AMENDED AND RE ~ ~~~m$sC8~m~
~~ADT~~iANNDUl6'}~6B~9{} ~~sTegjg~fa~e6i\~~
ARY 26, 2002, AS TO AN f n..lr<",r1n l::l '1"'lDJ"\A
UNDIVIDED 50'{g...lli1ER;.
FY that this No-
served pursu-
otice provisions
tatutes 932.701-
dav of Novem-