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the County Attorney' s Mice, ORIGINAL
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1S, aFlo r�`�Di� IRIVER COUNTY EMERGENCY ORDER 2004 -03
WHEREAS , EXECUTIVE ORDER NUMBER 04- 192 ( Emergency Management)
was issued by Jeb Bush , the Governor of the State of Florida on September 1 , 2004 that
declared that Hurricane Frances , alone and in combination with the destruction by
Hurricane Charley , threatens the State of Florida with a catastrophic disaster; and
WHEREAS , EXECUTIVE ORDER NUMBER 04 - 192 ( Emergency Management )
declared that a state of emergency exists in the State of Florida for sixty (60 ) days from
September 1 , 2004 , unless extended ; and
WHEREAS , EXECUTIVE ORDER NUMBER 04 -206 ( Emergency Management)
dated September 10 , 2004 , extended the state of emergency that exists in the State of
Florida for sixty (60 ) days from September 10 , 2004 , that is , until November 10 , 2004 ,
unless further extended ; and
WHEREAS , Section 8 of each of the aforementioned EXECUTIVE ORDERS found
that the special duties and responsibilities resting upon some state , regional and local
agencies and other governmental bodies in responding to the disaster may require them to
deviate from the statutes , rules , ordinances , and orders they administer, and therefore
gave such agencies and other governmental bodies the authority to take formal action by
emergency rule or order in accordance with Sections 120 . 54 (4 ) and 252 . 46 (2 ) , Florida
Statutes , to the extent that such actions are needed to cope with this emergency; and
WHEREAS , by operation of law, the aforementioned EXECUTIVE ORDERS ,
Florida Statutes sections 252 . 36 , 252 . 38 , and 252 . 46 , and Indian River County
Resolutions 2004 - 95 and 2004 — 096 , the Indian River County Board of County
Commissioners sitting as the Board of Commissioners of the Emergency Services District
of Indian River County has the authority to issue orders and rules during the period of the
declared emergency, and has delegated the ability to issue Emergency Orders for Indian
River County to the County Administrator,
WHEREAS , Subsection 1 of Section 207 . 05 of the Code of Indian River County
provides as follows :
1 . All licenses shall be sold by the tax collector beginning August 1 of each
year, are due and payable on or before September 30 of each year, and
expire on September 30 of the succeeding year. if September 30 falls on a
weekend or holiday, the tax is due and payable on or before the first working
day following September 30 . There are no partial licenses . Licenses that are
not renewed when due and payable are delinquent and subject to a
delinquency penalty of ten ( 10 ) percent for the month of October, plus an
additional five ( 5 ) percent penalty for each subsequent month of delinquency
until paid . However, the total delinquency penalty shall not exceed twenty-
five (25 ) percent 1 o574tthe occupation license tax for the delinquent
establishment . THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK : 1781 PGA 163 , Pagel of 2
09/15/2004 at 11 :04 AM , 1
JEFFREY K BARTON , CLERK OF
COURT
WHEREAS , due to the declared state of emergency as set forth above , Indian
River County desires to modify Subsection 1 of Section 207 . 05 . 1 of the Code of Indian
River County as follows , solely from the period commencing October 1 and
ending November 30 , 2004 :
1 . Solely for the period commencing October 1 2004 and ending November
30 . 2004 , all licenses shall be sold by the tax collector beginning August 1 of
2004 , of eaGh yeaF Septe bee
-��; are due and payable on or before N�-�,�, , ,�,-November
30 , 2004 , and expire on September 30 , 2005 .
September 30 Of the SUGGeeding year. if September 30 falls OR a weekeRd er
heliday , the tax is due and payable OR eF befGFe the first wGFk ; Rg day
fell ^owing SeptembeF30 . There are no partial licenses . LiGen�h^+ aF8 RG
penalty ef 4' en ( 10 ) peFGeRt fGr the month of - OGtober, . . . itiGRal five
NOW, THEREFORE , this Emergency Order is issued declaring that , solely for the
period commencing October 1 , 2004 and ending November 30 , 2004 , Subsection 1 of
Section 207 . 05 . 1 of the Code of Indian River County is deemed to be modified to allow that
all occupational licenses sold by the Indian River County Tax Collector, beginning August
1 , 2004 , are due and payable by November 30 , 2004 , without penalty, and expire
September 30 , 2005 . This Emergency Order is effective from October 1 , 2004 until
November 30 , 2004 , and will expire at 5 : 00 P . M . on November 30 , 2004 , unless further
extended by subsequent Emergency. Order
DONE AND ORDERED this 14th day of September, 2004 .
seph . Baird
dian River County Administrator
nd Indian River County Emergency
Services District Director
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