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HomeMy WebLinkAbout2000-0848/00RESO)LEGAL(WGC/nhm RESOLUTTON NO. 2000-084 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REOUESTING THE STATE OF FLORIDA DEPARTMENT OF REVENUE TO DISCLOSE CERTAIN INFORMATION RELATING TO THE LOCAL OPTION TOURIST DEVELOPMENT TAX PURSUANT TO SECTION 2i3.0s3(9), FLORTDA STATUTES; AND PROVIDING CERTAIN ASSURANCES TO THE DEPARTMENT OF REVENUE REGARDING CONFIDENTIALITY. WHEREAS, Indian River county has pursuant to F.s. 12s.0104(10) adopted Indian River County Ordinance No. 2000-019 providing for the local administration of the Local Option Tourist Development Tax; and, WHEREAS, said ordinance gives the Indian River County Clerk of Circuit Court the duty and authority to collect the tax and administer the program; and, WHEREAS, section 213.0s3(g), Florida statutes, provides that the Department of Revenue ('Department' hereinafter) shall, subject to receipt of an authenticated copy of a resolution adopted by the governing body, disclose to thegoverning 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 213.0s9(9), Florida statutes, also provides that the governing body, its officers and employees are subject to the same iequirementsof confidentiality and the same penalties for violating confidentialig as the Department and its employees; and, WHEREAS, Section 213.053(9), Florida Statutes, further provides thatthe resolution requesting such information shall provide assurances that thegoverning body, its officers, and employees are aware of the requirements andpenallies for violating confidentiality, and shall describe the measures that will be put into effect by the governing body to assure the requisite confidentiality; and, WHEREAS, the Board of County Commissioners of Indian River County, Florida ('Board'hereinafter), the governing body of the County, is interestedin having the Department provide a list of the names and addreises of those taxpayers who reside within Indian River County, Florida, and make contribution to the tourist development tax imposed pursuant to Section 125.0104, Florida Statutes; RESOLUTTON NO. 2000-084 NOW, THEREFORE, BE lT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION 1. The Board intends to hereby assure the Department that the Board, its officers, employees, and the Clerk of Circuit Court and their employees are aware of the confidentiality requirements of Section 213.053(2), Florida Statutes, and of the penalties for their violation as set forth in Sections 213.053(2), 775.082, and 775.083, 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 misdemeanor 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 following procedure shall be followed by all persons of lndian River County Government 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 except for official purposes. (c) The person receiving such information shall either keep the information under lock and key or other secure manner with access limited to those individuals who have signed the statement described in (d) below. (d) The persons privy to the information shall acknowledge in writing that they are aware of the confidentiality requirements of Section 213.053(2), Florida Statutes, and the penalties for their violation as provided in Sections 213.053(2), 775.082, and 775.083, Florida Statutes, and, (e) The Clerk of the Circuit Court is instructed to inspect to make sure the procedures set forth herein are adhered to: SECTION 3. The Board hereby requests the Department to provide a list of the names and addresses of the taxpayers who reside within Indian River 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 Statutes. SECTION 4. County hereby directs staff to authenticate a copy of this Resolution and fonrard it to the Department of Revenue of the State of Florida. RESOLUTTON NO. 2000-084 SECTION 5. This Resolution shalltake effective immediatety. The foregoing resolution was offered by Commissioner Ginn and seconded by commissioner Macht, and, upon being pui to a vote, the vote was as follows: Fran B. Adams, Chairman Caroline D. Ginn, Vice Chairman Kenneth R. Macht Ruth M. Stanbridge John W. Tippin Aye Aye Aye Aye Absent The Chairman thereupon declared the resolution duly passed and adopted this 15th day of August, 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffreiy.K, Barton, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIINCY BY /(%re 2.$/ILLIAM G. COLLINS'II DEPUTY COUNTY ATTORNEY Fran B. Adams, Chairman