Submitted By: Endira Madraveren
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Presentation By: Planning Staff
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Department: Growth Management
FORMAL TITLE:
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Ordinance 2026-XX to amend the Code of Ordinances repealing Chapter 62, Taxation, Article III. - Local Business Tax, Section 22-356 and Section 10-33; and amending Sections 6-2, 10-205, 22-2, 22-32, 22-428, 54-32, 54-98, 110-3, 110-52, 122-921, 122-1198, 122-1210, 122-1214, 122-1216, 122-1224, 122-1225 and Appendix A, Article III, Section 6 by removing references to local business tax, business tax certificate, business tax receipt, and occupational license.
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
The city currently administers a Local Business Tax program, also known as Business Tax Receipts (BTRs), as a general fund revenue source pursuant to Chapter 205, Florida Statutes.
The City’s current Local Business Tax fee schedule was adopted by Ordinance No. 2553 in September 1995 and has not been comprehensively updated in more than 30 years. As a result, the existing classification structure and fee schedule have become outdated and increasingly burdensome over time. Modifications to the classification structure and fee schedule are restricted through state law (F.S. 205.0535) and provide limited ability to modify the fee structure and further limits the ability to increase fees in any given year.
In an effort to further promote a business-friendly environment and reduce regulatory and financial burdens on local businesses, staff is recommending repeal of Chapter 62, Article III, Local Business Tax, of the Code of Ordinances.
FINDINGS AND CONCLUSIONS:
To amend the current fee schedule and classification structure, extensive amendments to the BTR program are needed. These amendments are governed by Florida Statutes and will require additional staffing that sufficiently administers and enforces the program to ensure the fair and comprehensive implementation of the business tax program.
Pursuant to Section 205.0535, Florida Statutes, prior to adopting any reclassification of business categories or revisions to the Local Business Tax rate structure, the City would be required to establish an Equity Study Commission composed of representatives from the local business community. The Commission would be responsible for reviewing the existing classification system and recommending an updated classification structure and rate schedule to the City Council.
Following receipt and consideration of the Commission’s recommendations, City Council could adopt a revised Local Business Tax ordinance by majority vote. However, state law imposes limitations on both individual fee increases and overall revenue increases associated with any revised rate structure. Specifically, increases to individual business tax receipts are capped based on the current receipt amount, with maximum increases ranging from 10% to 200%, subject to an overall cap of $5,000 per receipt. Additionally, the revised rate structure may not increase total annual Local Business Tax revenue by more than 10% above the established revenue base, excluding revenue attributable to growth in the number of business tax receipts issued.
Once the reclassification and revised rate structure process has been completed, the City may thereafter increase or decrease Local Business Tax rates by ordinance every other year by up to 5%, with any increase requiring approval by a majority-plus-one vote of the governing body.
Section 205.0535, Florida Statutes, also expressly authorizes local governments to reduce or repeal Local Business Taxes by majority vote without first establishing an Equity Study Commission or undertaking the statutory reclassification process. Notably, Florida legislators, in recent session years, have proposed bills to revise or eliminate BTRs altogether.
Full implementation of a BTR program will require significant investment by the City to thoroughly administer and enforce the tax by increasing staff levels, establishing an Equity Study Commission, and continuous amendments to adjust fees and monitor annual revenues. The following are key considerations regarding the proposed amendment:
• Repeals and amends the Code of Ordinances to remove references to Local Business Tax Receipts, Local Business Tax, Business Tax Certificate, or Occupational License.
• Reduces real or perceived barriers to business entry within the City limits, supporting economic development and encouraging new business opportunities.
• Consistent with the intent of becoming an Economic Hub and provide additional opportunities without introducing substantive new regulatory requirements.
• The proposed amendment does not conflict with F.S. Chapter 205.
Staff recommends approval.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
This ordinance will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny
ORDINANCE 2026-XX
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA, CONCERNING LOCAL BUSINESS TAX, BUSINESS TAX CERTIFICATE, BUSINESS TAX RECEIPT AND OCCUPATIONAL LICENSE WITHIN THE CODE OF ORDINANCES; REPEALING SECTION 22-356, SECTION 10-33 AND CHAPTER 62, TAXATION, ARTICLE III. - LOCAL BUSINESS TAX; AMENDING SECTION 6-2, SECTION 10-205, SECTION 22-2, SECTION 22-32, SECTION 22-428, SECTION 54-32, SECTION 54-98, SECTION 110-3, SECTION 110-52, SECTION 122-921, SECTION 122-1198, SECTION 122-1210, SECTION 122-1214, SECTION 122-1216, SECTION 122-1224, SECTION 122-1225 AND APPENDIX A, ARTICLE III, SECTION 6 BY REMOVING REFERENCE TO LOCAL BUSINESS TAX, BUSINESS TAX CERTIFICATE, BUSINESS TAX RECEIPT, AND OCCUPATIONAL LICENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the local business tax enforcement framework was established under Code 1985, § 11-37, subsequently amended by Ordinance No. 2553 (September 19, 1995) to create a compounding monthly delinquency penalty track, and further expanded by Ordinance No. 5836 (February 19, 2008) to mandate automatic 25% penalty assessments, independent civil court collection actions, up to three years of back-tax assessments, and Building Official audit authority over good-faith compliance claims - a 30-year history of escalating administrative burden that has transformed City staff into collection agents pursuing nominal micro-fees at disproportionate cost to municipal operations; and
WHEREAS, Chapter 205, Florida Statutes, grants municipalities the discretionary authority to levy a local business tax for the privilege of engaging in or managing any business, profession, or occupation within its jurisdiction; and
WHEREAS, Section 205.0535(4), Florida Statutes, authorizes municipalities to increase or decrease business tax rates by ordinance; and
WHEREAS, Section 205.0535(5), Florida Statutes, as amended by Chapter 2014-38, Laws of Florida, explicitly provides that "this chapter does not prohibit a municipality or county from decreasing or repealing any business tax authorized under this chapter," and further provides that any such ordinances may be adopted "by majority vote" of the governing body and are expressly "not subject to subsections (2) and (3)" of Section 205.0535 - meaning no Equity Study Commission is required, no rate-structure analysis is mandated, and no supermajority vote is necessary to effect a complete repeal; and
WHEREAS, in February 2011, the City of Ocala sought legal guidance regarding whether the Equity Study Commission process under Subsections 205.0535(2) and (3) was required for business tax rate decreases or repeals, and received a Legal Memorandum from the Office of the Assistant City Attorney concluding that the statutory language was ambiguous and that the safer course of action at that time was to comply with those subsections; and
WHEREAS, the Florida Legislature subsequently resolved that ambiguity by enacting Chapter 2014-38 and adding Subsection (5) to Section 205.0535, Florida Statutes, expressly exempting repeal ordinances from the Equity Study Commission requirement and confirming that a simple majority vote of the governing body is the only procedural prerequisite to a lawful repeal; and
WHEREAS, the City's Business Tax Receipt and Business Tax Certificate obligations are codified under Chapter 62, Article III, Section 62-6 of the Code of Ordinances, which constitutes the operative legal mandate for all local business tax requirements within the city; and
WHEREAS, the City of Ocala uses both the terms "Business Tax Receipt" (BTR) and "Business Tax Certificate" (BTC) in its official forms, code provisions, and program materials - the BTR applying to commercial businesses generally and the BTC applying to professions, professional service providers, and occupational classifications and both terms refer to the same local business tax obligation under Florida Statute Chapter 205 and City Code Section 62-6; the proposed repeal hereby abolishes both the Business Tax Receipt and the Business Tax Certificate in their entirety for all businesses, all professions, and all occupations operating within the city limits of Ocala; and
WHEREAS, the City of Ocala's current Business Tax Receipt fee schedule has not been updated since 1995 and no longer reflects the economic realities, business models, or regulatory landscape of the modern commercial environment; and
WHEREAS, the City Council finds that the full cost of properly enforcing, processing, and administering the Business Tax Receipt program - including the personnel, benefits, overhead, and systems required - materially approaches or exceeds the gross revenue the program generates, rendering the program fiscally unsustainable under a true cost-benefit analysis; and
WHEREAS, the City of Ocala currently operates with documented staff shortages that prevent the Growth Management and Finance Departments from fulfilling the full scope of BTR administration, follow-up, update, and enforcement functions required for effective program operation; and
WHEREAS, modern state-level systems - including the Florida Department of State Division of Corporations (Sunbiz) and the Florida Department of Business and Professional Regulation (DBPR) - already provide comprehensive, publicly accessible business tracking, rendering the local municipal BTR a duplicative and obsolete regulatory layer; and
WHEREAS, a substantial and growing number of Florida jurisdictions - including the City of Leesburg (effective October 1, 2020), Volusia County via Ordinance No. 2024-05 (effective January 1, 2024), Sarasota County (effective July 2024), the City of Clermont via Ordinance No. 2025-007 (effective January 28, 2025), Clay County, Lake County, and Pinellas County - have each successfully eliminated their municipal business tax receipt programs without any reduction in public safety tracking, code enforcement efficacy, or zoning compliance; and
WHEREAS, the Florida House of Representatives voted 82-to-26 during the 2026 Legislative Session in favor of eliminating the statewide BTR framework under HB 103, signaling legislative direction toward elimination of these local business taxes; and
WHEREAS, the repeal of this program is not motivated solely by revenue considerations, but by the City Council's commitment to economic modernization, the elimination of unnecessary regulatory burdens on small businesses and entrepreneurs, and the recognition that a thriving local economy requires reducing government friction at every opportunity; and
WHEREAS, the City Council explicitly finds that the total elimination of this municipal business tax program shall not be construed to exempt any commercial activity from existing, independent building codes, land-use zoning matrices, or mandatory life-safety fire inspections, which shall remain fully enforceable through the City's Growth Management Department, Building Division, and Ocala Fire Rescue;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session, as follows:
Section 1. That Section 6-2, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 6-2. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Advertisement means a display, notice or other information designed to attract public attention, including but not limited to handbills, signs, billboards, soundtracks, placards, signboards and written notices.
Affiliate means a general partner, limited partner, spouse, parent, child, sibling, shareholder of a corporation, or corporation in which the licensed vendor is a shareholder.
Alcoholic beverages means distilled spirits and all beverages containing .5 of 1 percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water.
Applicant means any vendor licensed by the state to sell alcoholic beverages or one who has applied to the state for such a license, and proposes to locate the license within the city and is required to obtain a location permit as provided by this chapter. It shall also include any and all persons, corporations, partnerships or other legal entities that have a ownership interest in the license or the business that is applying for the location permit.
Areola means the circular colored area which surrounds the nipple of a human breast.
Beer means all brewed beverages containing malt.
Business establishment includes any place or location, licensed or unlicensed, within the city where a person may exchange something or pay another for an article or product that is alcoholic in nature; or where an article or product for a consideration is sold, dispensed, served or provided, with the knowledge, actual or implied, that the article or product will be, or is intended to be, mixed, combined with or drunk on or about the premises in connection or combination with an alcoholic beverage. This definition, however, shall not include pharmacies dispensing medication containing alcohol where such medication is for the purpose of treating sickness or disease.
Commercial establishment means an establishment operated for pecuniary gain. Pecuniary gain does not depend on actual profit or loss. Any establishment with an occupational license is presumed to be a commercial establishment for the purposes of this chapter.
Intoxicating beverage and intoxicating liquor mean only those alcoholic beverages containing more than 4.007 percent of alcohol by volume.
Lap means the area between a person's knees and his waist.
Liquor means that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced.
Nude or semi-nude entertainment consists of the following:
(1) The actual or simulated display of genitals, vulva, pubic area, anus, anal cleft or anal cleavage.
(2) The actual or simulated display by a female of the area of the human breast directly below or laterally below the top of the areola.
Off-premises means off of the real property owned or controlled by the licensed vendor or his affiliate contiguous to or within 650 feet of the business for which an alcoholic beverage location permit is issued.
On-premises means within the completely enclosed building on the property where the location permit is sought, or other appurtenances on the property where the location permit is sought, as approved by the city council.
Patron means any person who is physically present on the premises of a vendor or business establishment and who is not an owner, employee, agent or subcontractor of the establishment or an entertainer or performer at the establishment.
Person means individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, government officials, government entities, and all other groups or combinations.
Premises means a physical plant or location which is enclosed by walls or any other enclosing structural device, or which is covered by a single roof, or which contains a single shared entrance. Any structures or land within 300 feet and under common ownership, control or possession with the physical plant or location described in this definition shall be deemed part of the premises for the purpose of the chapter.
Restaurant means a business with a special license issued by the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation of the State of Florida, or a business that does not otherwise qualify for a special license, but nevertheless derives at least 51 percent of its gross revenues from the sale of food and nonalcoholic beverages and has a city occupational license as a restaurant.
Sexual activity means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area or, if such person is a female, breast; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.
Simulated sexual activity means the explicit depiction of sexual activity which creates the appearance of such conduct and which exhibits any uncovered portion of the breast, genitals, or anal cleft or anal cleavage.
Vendor includes all persons dealing directly or indirectly with the sale, serving, dispensing or exchanging of alcoholic beverages.
Wine means all beverages made from fresh fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added, in the manner required by the laws and regulations of the United States, and includes all sparkling wines, champagnes, combination of the aforesaid beverages, vermouths, and like products. Sugar, flavors, and coloring materials may be added to wine to make it conform to the consumer's taste, except that the ultimate flavor or the color of the product may not be altered to imitate a beverage other than wine or to change the character of the wine.
(Ord. No. 1961, § 4-1(b), 10-6-87; Code 1985, § 3-2; Ord. No. 2005, § 1, 4-26-88; Ord. No. 2214, §§ 1, 2, 5-21-91; Ord. No. 2423, § 1, 11-9-93; Ord. No. 2466, § 1, 6-28-94; Ord. No. 2745, § 1, 7-1-97; Ord. No. 4002, § 1, 11-13-00; Ord. No. 5833, § 2, 2-19-08)
Cross reference- Definitions generally, § 1-2.
Section 2. That Section 10-33, of the Code of Ordinances, City of Ocala, Florida is hereby repealed and amended as follows:
Sec. 10-33. - Local business tax.
Local business taxes shall be as per section 62-81, and there shall be no waiver of taxes for nonprofit organizations.
(Ord. No. 5832, § 1, 2-19-08)
Editor's note- Ord. No. 5832, § 1, adopted Feb. 19, 2008, repealed § 10-33, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 10-33 pertained to license fee and derived from Code 1985, § 11-139(8); Ord. No. 1947, §1, adopted Aug. 18, 1987 and Ord. No. 2286, § 1, adopted July 14, 1992. Reserved
Section 3. That Section 10-205, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 10-205. - Enforcement; penalties.
(a) A person who knowingly and willfully violates the terms of this article shall, upon being found guilty of:
(1) Violations of section 10-193, be subject to a fine of not more than $500.00. For violations that are of a continuous nature, each day that the violation continues shall be a separate offense.
(2) As to violations of all other sections of this article, be subject to a fine of not more than $500.00, and imprisonment for a period of not more than 60 days. For violations that are of a continuous nature, each day that the violation continues shall be a separate offense.
(b) In addition to the penalty provided for violation of this article in subsection (a) of this section, adult bookstores, adult theaters, adult cabarets, physical culture establishments or adult photographic studios not in conformity with the requirements shall be subject to the appropriate civil action in the court of appropriate jurisdiction for their abatement. Each day that any such violation is committed shall constitute a separate offense.
(c) It is the responsibility of the licensee, owner, employee or operator of an adult use establishment to ensure compliance with this article, notwithstanding the issuance of an occupational license, building permit, zoning clearance for an alcohol license or any other governmental permit.
(d) Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee that constitutes grounds for suspension or revocation of the adult use permit or adult use license shall be imputed to the adult use permittee or licensee for purposes of finding a violation of this ordinance, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the business premises at the time of the violation, knew or reasonably should have known that such act was occurring and failed to prevent such act. It shall be a defense to liability under this chapter that the person to whom the violative act is imputed was powerless to prevent the act. The defense set forth in the preceding sentence shall be retroactive to January 1, 2003.
(Code 1985, § 14-44; Ord. No. 2513, § 6, 3-21-95; Ord. No. 5145, § 14, 3-18-03)
Section 4. That Section 22-2, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 22-2. - Local vendor preference.
(a) A local vendor is a business that meets all of the following requirements:
(1) Has its headquarters, manufacturing facility, home office, locally-owned franchise, or an operating branch physically located within Marion County, Florida;
(2) Has been in operation in Marion County for a minimum of one year prior to the issuance of the city's formal bid solicitation; and
(3) Within one year of the date of the city's formal bid solicitation has paid commercial real property tax, paid/filed a tangible personal property tax form with Marion County; has received a City of Ocala home occupation permit, or has received a City of Ocala business tax certificate.
(b) Local vendor preference policy. For any contracts for procurement of personal property, materials, contractual services, or for construction improvements to real property or to existing structures, the city may give a preference to local vendors in awarding such contracts as follows:
(1) Local vendor preference applies to any formal competitive bid in excess of $50,000.00. When a non-local vendor submits the lowest price bid, and if a bid submitted by one or more local vendors is within five percent of the lowest bid, then the lowest bidding local vendor shall be awarded the contract if local vendor agrees to enter into a contract with the city that is one percent lower than the bid submitted by the non-local vendor.
a. The local vendor to which a written notice has been issued via email, or otherwise transmitted, must respond to the city in writing and provide an executed local vendor affidavit within two business days of the notice and agree to reduce their bid amount to one percent lower than the bid submitted by the non-local vendor.
b. If the lowest local vendor fails to contract with the city at one percent less than the lowest bid submitted, then the next lowest local vendor within five percent of the lowest bid will have the same opportunity to contract with the city at one percent lower than the bid submitted by the non-local vendor. This process shall continue until a contract is entered, or until the last local vendor within five percent of the lowest bid is given the opportunity to contract with the city, but fails to do so. In that case, the original low bidder shall be awarded the contract with the city.
c. In the case of a tie bid between a local vendor and a non-local vendor, the contract award shall be made to the local vendor if local vendor agrees to contract for an amount one percent lower than the bid submitted by the non-local vendor. In the case of a tie between two or more local vendors, the vendors will be asked to provide a best and final offer (BAFO), and award shall be to the lowest bidder of the BAFO.
(2) The procurement and contracting officer reserves the right to apply local vendor preference to solicitations or procurement actions under $50,000.00 when it is in the best interest of the city.
(3) The value of any bid eligible for local vendor preference does not include optional items. Optional items shall be clearly defined within the solicitation, and are not considered for award.
(4) The requirements of the city's local preference policy shall be posted on the city's procurement website.
(5) The City of Ocala Procurement and Contracting Department may request proof of office location from the local vendor at any time. The procurement and contracting officer shall be the sole judge of the acceptance or denial of local vendor applicability, and may request addition documentation to validate location and eligibility. Should the procurement and contracting officer find the local vendor affidavit to be invalid, the vendor who submitted the false statement will be subject to a one-year bidding suspension, and up to a possible three-year bid debarment.
(c) Exceptions. Exceptions to this policy shall include, but are not limited, to the following:
(1) Purchases or contracts with an estimated value of $50,000.00 or less, unless the procurement and contracting officer deems otherwise if in the best interest of the city;
(2) Purchases funded in whole or in part by assistance from any federal, state or local agency that disallows local preference;
(3) Purchases made through a cooperative agreement (i.e., one or more agencies combining requirements in order to benefit from discounts that may be obtained through volume purchasing);
(4) Purchase made from another agency's agreements or contracts (i.e., piggybacking);
(5) Purchases subject to F.S. § 287.055, the Consultants Competitive Negotiation Act; or
(6) Procurements subject to formal proposal; such as an invitation to negotiate, letter of interest, or request for proposal where price may not be the only part of the evaluation criteria.
(d) Eligibility. Under any applicable solicitation, vendors desiring to receive local preference under this policy must submit a local vendor preference affidavit affirmatively demonstrating that they satisfy all the requirements of this section. Vendors must submit this documentation upon notice or request from the procurement and contracting department. This affidavit is good for only one year.
(Ord. No. 2010-01, § 1, 10-20-09; Ord. No. 2010-66, § 1, 9-21-10; Ord. No. 2017-35, § 1, 3-7-17)
Section 5. That Section 22-32, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 22-32. - Exemptions from permit and license requirement.
No occupational license or regulatory permit as a fortuneteller, clairvoyant, palmist, phrenologist, character reader, spirit healer or similar occupation shall be required of:
(1) Religious organizations which hold a nonprofit status through registration with the state; or
(2) Regularly ordained ministers of churches who are members of Florida state spiritualist ministerial associations whose charters are filed in the Library of Congress and on record in the state capitol.
(Code 1961, § 14-41; Code 1985, § 11-52; Ord. No. 2746, § 3, 7-1-97)
Section 6. That Section 22-356, of the Code of Ordinances, City of Ocala, Florida is hereby repealed and amended as follows:
Sec. 22-356. - Occupational license requirements.
A valid MVL shall be construed as satisfying, for the named holder thereof and for the uses provided in this division, the occupational license requirements of chapter 62, article III. However, those persons exempted in section 22-344 shall be required to obtain an occupational license with payment of the appropriate fee if required by chapter 62, article III.
(Code 1985, § 15-17; Ord. No. 2415, § 1, 10-26-93) Reserved
Section 7. That Section 22-428, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 22-428. - Rules and regulations.
In addition to any other requirements of this article, any valet parking operator authorized by the city to provide value parking service on public property shall comply with the following requirements:
(1) The valet parking operator shall submit an application for Valet Parking Service possess a valid occupational license to operate the valet parking service within the city;
(2) The parking operator shall operate in accordance with the written traffic plan submitted and approved per subsection 22-424(b)(3), of this article;
(3) The valet parking operator shall maintain a key control booth at all valet parking locations that will remain open in accordance with the operations plan submitted as required in section 22-424 or until all cars are claimed;
(4) The valet parking operator shall not load or unload passengers within traffic lanes that are open to through traffic unless specifically authorized by the director and is part of the written traffic plan submitted and approved per subsection 22-424(b)(3), of this article;
(5) The valet parking operator shall not store cars in the valet ramping spaces or zone. A vehicle is considered stored if it remains in the valet ramping spaces or zone for more than 15 minutes;
(6) The valet parking operator shall comply with all applicable federal, state, and local statutes, laws, ordinances, rules, and regulations relating to traffic safety;
(7) A licensee wishing to change its location, size, or hours of operation must submit a new application to the director as per section 22-424 of this article;
(8) The valet parking service shall not interfere with the regular flow of pedestrian traffic.
(9) The valet parking service hours of operation shall be determined as part of the application process.
(Ord. No. 5859, § 1, 5-9-08; Ord. No. 2017-66, § 2, 8-1-17)
Section 8. That Section 54-32, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 54-32. - Owner or contractor responsible for removal of certain waste.
(a) Construction, demolition and lot cleaning waste; bulky yard waste generated by contractors. Municipal solid waste generated by lot cleaning or clearing and from constructing, altering or demolition of buildings or structures, performed by either the owner or a contractor, must be removed from the premises to a legally approved site by the owner or contractor performing such work. All persons who are in the business of trimming trees, shrubs or grass shall dispose of all bulky brush generated in connection with its business activities.
(1) Landscapers and lawn maintenance businesses may only place grass and other non-bulky yard waste out for collection at the curb provided such waste was generated solely from the grounds abutting the collection point thereof. Such waste shall be placed out for collection in accordance with the resident's collection plan type and with the resident's permission to do so.
(2) Landscapers, tree trimmers or lawn maintenance businesses shall be responsible for the proper disposal of all other brush, yard waste, tree trimming or other bulky waste generated from other properties, common areas, private streets or corridors.
(3) Each person described in this subsection shall prominently display its business name, occupational license number and business telephone number on all vehicles used by such person and its employees during the entire performance of such contract including the disposal process.
(b) Waste petroleum products. Petroleum products spent or otherwise, from businesses dealing in the generation, directly or indirectly, of such wastes, shall be removed by licensed and permitted hazardous waste haulers to a currently permitted facility.
(c) Penalties. Any owner who violates any provision of this section shall be punished as:
(1) For a first violation, by a fine not to exceed $100.00.
(2) For a second violation, by a fine not to exceed $200.00.
(3) For a third or subsequent violation, by a fine not to exceed $500.00.
(Ord. No. 5084, § 1, 10-10-02)
Section 9. That Section 54-98, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 54-98. - Permit does not grant franchise or vested rights; occupational license required.
The granting or renewal of a permit pursuant to this article shall not be construed as a grant of a franchise or of vested rights. The permit required shall be in addition to an occupational license required by the city.
(Ord. No. 5084, § 1, 10-10-02)
Section 10. That Chapter 62, Article III. Local Busines Tax, of the Code of Ordinances, City of Ocala, Florida is hereby repealed and amended as follows:
ARTICLE III. LOCAL BUSINESS TAX
Sec. 62-61. Levy.
A local business tax is hereby imposed and levied upon and shall be collected from every person exercising the privilege of carrying on or engaging in any business, profession or occupation and who maintains a permanent business location or branch office within the city, and any person who transacts any business or engages in any occupation or profession in interstate commerce where such a business tax is not prohibited by Section 8, Article 1 of the United States Constitution.
(Code 1985, § 11-16; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-62. Tax certificate required.
Any person who engages in or manages any business, occupation or profession on which there is levied a business tax by this article, must have a valid local business tax certificate from the building official or his designee. Any sign, advertisement, building occupancy, directory listing or activity indicating that a business, calling, profession or occupation is being conducted at a location within the city shall be prima facie evidence that a person is liable for a local business tax certificate.
(Code 1985, § 11-17; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-63. Separate certificate required for each location; businesses falling under more than one classification.
A local business tax certificate must be obtained for every location or branch of any business within the city as if the branch or location were a separate business. A local business tax certificate must also be obtained for each unique or different type of business activity. Whenever any business, occupation or profession shall fall into more than one of the classifications contained in the schedule set forth in this article, such occupation, business or profession shall be required to pay the fee based on the schedule which will result in the highest revenue being paid unless multiple licenses are required through another code of the city. The building official or his designee shall have the authority to determine the classification for each business activity.
(Code 1985, § 11-18; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-64. Term of certificate; renewal.
Local business tax certificates shall be sold by the city beginning August 1 of each year and shall be valid for a period commencing October 1 of each year and expiring September 30 of the proceeding year. Tax certificates not renewed by midnight on September 30 shall be considered delinquent. Any person doing business in the city who fails to obtain a tax certificate annually from the city during the month of September shall pay a penalty as provided in section 62-66.
(Code 1985, § 11-19; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-65. Proration of tax.
If a local business tax certificate is desired for a period of less than one year, the following proration will apply. A six-month certificate for the period April 1 through September 30 requires payment of one-half of the tax for one year. An interim local business tax certificate may be issued by the building official or his designee for the period of September 1 through September 30 upon payment of one-fourth the tax for one year, but not less than $10.00.
(Code 1985, § 11-20; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-66. Delinquency; penalties for engaging in business without certificate.
(a) Tax certificates that are not renewed by September 30 are delinquent and subject to a delinquency penalty of ten percent for the month of October plus an additional five percent penalty for each subsequent month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed 25 percent of the local business tax for the delinquent establishment.
(b) Any person who engages in or manages any business, occupation or profession without first obtaining a local business tax certificate, if required, is subject to a penalty of 25 percent of the tax due, in addition to any other penalty provided by law or ordinance, and is required to purchase the local business tax certificate for the remainder of the year, measured from the time business activity began.
(c) Any person who engages in any business, occupation or profession covered by this article who does not pay the required business tax within 150 days after the initial notice of tax due, and who does not obtain the required local business tax certificate, is subject to civil actions and penalties, including court costs, reasonable attorney's fees, additional administrative costs incurred as a result of collection efforts, delinquency penalty accrual, and a penalty of $125.00.
(d) If the business activity began in a prior year, the owner is required to pay the local business tax from the point of initiation of business activity, not to exceed three years, plus a penalty of 25 percent per year.
(e) The building official or his designee can abate the penalty if it is determined that the owner acted in good faith on information provided by city local business tax staff.
(Code 1985, § 11-21; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08; Ord. No. 2011-55, § 1, 4-21-11)
Sec. 62-67. Misrepresentation of material fact.
Any tax certificate obtained under the provisions of this article upon a misrepresentation of a material fact shall be deemed null and void, and the person who has thereafter engaged in any business under such tax certificate shall be subject to prosecution for doing business without a tax certificate, to the same effect and degree as though no such tax certificate had ever been issued.
(Code 1985, § 11-22; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-68. Exemptions.
Exemption from the payment of the local business tax shall be allowed as set forth in F.S. §§ 205.063 through 205.193, as amended.
(Code 1985, § 11-23; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-69. Display of certificate.
Every person having a local business tax certificate must exhibit the tax certificate when called upon to do so by any authorized officer of the city, and the tax certificate must be conspicuously displayed at all times at the place of business.
(Code 1985, § 11-24; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-70. Transfer of certificate.
(a) Transfer to new owner. A local business tax certificate may be transferred to a new owner where there is a bona fide sale of the business upon payment of a transfer fee in the amount of ten percent of the license amount, but not less than $3.00 or more than $25.00, and presentation of evidence of the sale and the original tax certificate.
(b) Transfer to different location. If the business location is changed to another location within the city limits, the holder of the tax certificate shall, within 15 days after the location is changed, have the tax certificate transferred to the new location. This transfer shall be made upon the presentation of the original certificate and evidence of location change, and upon payment of a transfer fee in the amount of up to ten percent of the annual license amount, but not less than $3.00 or more than $25.00.
(c) Change in business classification. No transfer shall be authorized for changes in business classifications.
(Code 1985, § 11-25; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-71. Enforcement and inspections.
(a) The following persons are authorized to conduct inspections in the manner prescribed in this section. The building official or his designee shall have the authority to make all investigations reasonably necessary for the enforcement of this article.
(b) The building official or his designee has the authority to direct the inspection of certificate holders and their business and premises, by any city official having duties related to the local business tax certificate or business.
(c) All police officers shall have the authority to inspect and examine businesses to enforce compliance with this article.
(d) The building official or his designee, or other authorized person, has the right and duty to inspect, from time to time, the records of any business in the corporate limits of the city, or where the local business tax is based, to assure the proper tax is being levied.
(Code 1985, § 11-26; Ord. No. 2550, § 1, 9-5-95)
Sec. 62-72. Submission of measurements when tax is dependent on square footage.
Every person doing business in the city, where the amount of business tax to be paid is dependent upon the square footage, must make a sworn statement attesting to the square footage and to the accuracy of all information provided on the local business tax certificate application and renewal forms. The building official or his designee may require quantitative measurements to be submitted each year prior to renewal. If the measurements are not rendered or not rendered within the timeframe specified, the building official or his designee may make an estimated tax assessment and add a ten percent penalty for failure to render the measurements as required.
(Code 1985, § 11-27; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-73. Responsibilities of agents or managers of nonresident businesses.
The agents, managers or other representatives of nonresidents who are doing business in the city are personally responsible for the compliance of their principals and the business they represent with this article.
(Code 1985, § 11-28; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-74. Illegal businesses.
No local business tax certificate issued under the provisions of this article, and no payment of any business tax required, imposed or levied under this article, shall be construed as authorizing the conduct or continuance of any illegal business, occupation or profession, or of any business, occupation or profession as may now or hereafter be prohibited by ordinance, or of any legal business, occupation or profession being conducted in an illegal manner.
(Code 1985, § 11-29; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-75. Local business tax certificate is not regulatory license.
The local business tax certificate issued under the authority of this article is a certificate of payment for that entity's business taxes levied for the privilege of engaging in a business, profession or occupation under the city's taxing power. The local business tax certificate is not a regulatory license issued under the city's policing power.
(Code 1985, § 11-30; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-76. Revocation of certificate.
The local business tax certificate of any person for the operation of any business may be revoked by the municipal code enforcement board or special magistrate at any time, upon notice and hearing, for failure to pay the required local business tax.
(Code 1985, § 11-31; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08; Ord. No. 2010-13, § 13, 12-1-09)
Sec. 62-77. Compliance with zoning regulations.
Where any question of zoning arises, no local business tax certificate shall be issued under this article for any business, occupation or profession until the location thereof shall have first been approved by the building official. Any tax certificate issued in violation of the zoning code of the city (chapter 122) shall be invalid and the amount of the local business tax paid shall be refunded to the certificate holder, and the erroneous issuance of such certificate shall not authorize the certificate holder to do business at any location in violation of any zoning ordinance.
(Code 1985, § 11-32; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-78. Tax constitutes debt to city.
The amount of any local business tax and penalty imposed by the provisions of this article is hereby declared to be a debt due to the city, and any person carrying on any business without first having procured a tax certificate from the city to do so shall be liable to the city for the amount of such local business tax, recoverable in any court of competent jurisdiction.
(Code 1985, § 11-33; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-79. Replacement of lost or destroyed certificates.
For the purpose of replacing any mutilated, destroyed or lost tax certificate receipt relating to any local business tax certificate granted by the city, the building official is hereby authorized and empowered to cause to be executed and delivered an appropriate duplicate certificate or receipt, upon the submission of evidence satisfactory to the building official that the original certificate or receipt was mutilated, destroyed or lost, and upon the holder of such original furnishing the city with indemnity satisfactory to the building official, and upon the payment to the city by the holder of the sum of $1.00 for each such duplicate license certificate or receipt executed and delivered under this section.
(Code 1985, § 11-34; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-80. Authority to prescribe additional regulations.
The building official may make such rules and regulations, not inconsistent with this article, as may be necessary or proper for the enforcement of the provisions of this article.
(Code 1985, § 11-35; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Sec. 62-81. Tax schedule.
No business tax levied under the authority of this article shall exceed that permitted under F.S. § 205.043, as amended. The amount of the local business tax levied and imposed upon every person who shall engage in or manage any business, profession or occupation mentioned in this section within the city is hereby imposed at the following rates or amounts:
(1) Amusements.
Bingo . . . $150.00
Carnivals, for the length of the event . . . 500.00
Carpet golf course (18 holes) . . . 60.00
Each additional 9 holes . . . 30.00
Carnival/circus, for any show or exhibition where a charge is made for admission, per day . . . 200.00
Carnival/circus or show, for parade through city streets where performance is held outside city limits . . . 300.00
Golf course (each 9 holes) . . . 100.00
Golf driving range . . . 60.00
Special events (per event) . . . 100.00
General amusements . . . 100.00
(2) Coin-operated machine businesses.
For each machine located within the city limits . . . 3.00
All coin-operated machines in operation without a valid occupational license may be impounded by the license inspector and held until the license fee plus a 25 percent penalty and freight and storage charges are paid.
(3) Contractors . . . 75.00
Contractors include but are not limited to the following categories:
General contractor.
Building contractor.
Residential building contractor.
Subcontractor.
Owner-builder.
Electrical contractor.
Plumbing contractor.
Aluminum contractor.
Asphalt sealing.
Acoustical services.
Building cleaning.
Core drilling.
Curbing.
Demolition of buildings or structures.
Fencing installation.
Flagpole installation.
Glazier.
Heating, air conditioning, refrigeration and ventilation:
Class A
Class B
Class C
Mechanical.
Heavy hauling.
House moving.
Insulation contractor.
Land clearing.
Land grading.
Landscaper.
Liquid pump installation.
Mobile home setup.
Parking lot striping service.
Paving, including curbing and grading.
Sandblasting.
Security systems (over $1,000.00 in inventory, see "Merchants").
Septic tank drainfield installation.
Septic tank installation.
Septic tank maintenance.
Sign, electrical.
Sign, non-electrical.
Sprinkler and irrigation installation and maintenance.
Swimming pools.
Tank installation and maintenance (volatile liquids).
Tower installations.
Tower maintenance.
Tree surgeons and tree trimmers.
Well drillers.
(4) Food service.
Restaurants (health permit required) with seating capacity:
0-75 . . . 60.00
76-150 . . . 100.00
Over 150 . . . 150.00
General food service . . . 60.00
Includes but is not limited to restaurants with no seating, bakery, caterer, delicatessen, drive-in, drive-through and takeout. Mobile vendors are licensed under chapter 22, article VI, division 2.
(5) Manufacturing.
Based on square footage:
0-2,499 . . . 35.00
2,500-4,999 . . . 50.00
5,000-9,999 . . . 75.00
10,000-19,999 . . . 100.00
20,000 and above . . . 250.00
(6) Merchants/dealers.
Based on square footage:
0-2,499 . . . 35.00
2,500-4,999 . . . 50.00
5,000-9,999 . . . 75.00
10,000-19,999 . . . 100.00
20,000 and above . . . 250.00
Filling stations:
First nozzle . . . 7.50
Each additional nozzle . . . 3.50
Peddlers (see chapter 22, article VI) . . . 35.00
Temporary inside vendors . . . 10.00
(7) Professionals.
Per resident professional, which includes but is not limited to the following: . . . 75.00
Accountant, certified public.
Architect.
Attorney, lawyer.
Audiologist.
Chemist.
Chiropodist.
Chiropractor.
Detective.
Dentist.
Dietitian.
Engineer, civil or consulting.
Exterminator.
Funeral mortician.
Hypnotist.
Insurance agent.
Investment broker.
Naprapath.
Naturopath.
Oculist.
Optician (including supplies).
Optometrist.
Osteopathic physician.
Pharmacist.
Physician.
Prosthodontist.
Real estate broker of record.
Surgeon.
Surveyor.
Veterinarian or veterinary surgeon.
Real estate salesman . . . 60.00
(8) Rentals.
Auto/truck/trailer rental services, per vehicle . . . 20.00
Cold storage . . . 50.00
Parking lot . . . 50.00
Hospitals, ACLF, convalescent homes:
1 to 10 beds . . . 50.00
Each additional bed over 10 . . . 2.00
Public lodging: apartments, motels, hotels and rooming houses, boardinghouses (state license required), office rentals and mobile home parks:
1 to 10 rooms or spaces . . . 50.00
Each additional room or space over 10 . . . 2.00
Warehouse operation . . . 50.00
Warehouse storage facilities:
1 to 100 spaces . . . 50.00
Each additional space over 100 . . . 2.00
(9) General business. . . .
Based on square footage:
0-2,499 . . . 35.00
2,500-4,999 . . . 50.00
5,000-9,999 . . . 75.00
10,000-19,999 . . . 100.00
20,000 and above . . . 250.00
(General business with outside sales are on square footage of building and outside sales area combined.)
To include the following:
Abstract and title companies.
Administrative offices.
Advertising.
Agencies or bureaus.
Billposting and distribution of advertising matter. (See section 34-202).
Ambulance services (not with licensed funeral director or undertaker).
Amusement parks.
Arcades.
Archery ranges.
Armored car services.
Artists.
Auction shops (licenses one auctioneer).
Auto painting and upholstering (either or both).
Automatic auto washes (without garage or filling station).
Auto washes, do-it-yourself (without garage or filling station).
Banks, branch banks, savings and loans, and loan companies.
Barbershops and beauty parlors.
Bonding companies (criminal or bail).
Bowling alleys.
Book binderies: See "Manufacturing."
Bookkeepers.
Bootblack stands.
Cemeteries.
Cleaners and dyers.
Collection agencies.
Dance studios: See "Schools."
Employment agencies.
Fortunetellers, clairvoyants, palmists, phrenologists, astrologists, etc.
General amusements or attractions.
Health clubs, weight-control centers or spas (surety bond required by state).
Interior decorators.
Janitorial service.
Laboratories (if laboratory with a professional, higher of two license fees).
Landscape maintenance (see "Contractor-tree surgeon and tree trimmer").
Laundries, self-service.
Linen and uniform service.
Locksmiths.
Machine shops and foundries.
Messenger and delivery service.
Nurseries, children (health permit required).
Patrol agencies.
Photographers.
Pool halls.
Precious metal dealers.
Public stenographers (includes addressing service).
Radio stations.
Repair shops.
Rug or carpet cleaning.
Schools:
Athletic arts.
Cultural arts.
Martial arts.
(Tennis, racquetball, swim club: surety bond required by state.)
Riding academies.
Rink, skating or other rinks.
Shoe repair.
Shooting galleries.
Sightseeing tours, each conveyance.
Small loan companies doing business under F.S. ch. 516.
Swimming pools.
Tailors.
Taxidermists.
Telegraphs.
Television stations.
Theaters (burlesque, drive-in, motion picture).
Travel agencies (licensed by state).
Utilities: telephone, electric, gas companies.
General service establishments: Each business not specifically listed in this section whereby services are performed for the public in return for consideration will be based on the square footage formula.
(10) Transportation.
Taxis:
First vehicle . . . 25.00
Each additional vehicle . . . 10.00
(11) Personal services.
Barbers . . . 30.00
Beauticians . . . 30.00
Manicurists . . . 30.00
Masseurs or masseuses . . . 30.00
Tattoo artists . . . 250.00
(Code 1985, § 11-37; Ord. No. 2553, § 1, 9-19-95; Ord. No. 5836, § 1, 2-19-08)
Reserved.
Section 11. That Section 110-3, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 110-3. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned sign means any sign face which advertises a bona fide business no longer conducted or product no longer sold, or any previously permitted portable or temporary sign for which the permitted time has expired. In making the determination that a sign advertises a bona fide business no longer being conducted, the building official shall consider the existence or absence of a current business tax certificate or utility service deposit or account, use of the premises, and relocation of the business; or any sign structure which has not been used for bona fide business purposes for over six months, that is nonconforming as to existing codes regarding area of sign, height, setback or maintenance.
Section 12. That Section 110-52, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 110-52. - Work to be done by licensed contractor; exceptions.
The erection or painting of all signs requiring permits under this chapter shall be done by and permitted to a sign contractor who has paid the local business tax levied in chapter 62, article III, except that property owners or their lessees may erect or paint nonilluminated signs of less than 32 square feet attached to an approved existing structure or building.
Section 13. That Section 122-921, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 122-921. - Special promotions and outdoor events.
(a) Seasonal sales of fireworks, pumpkins and Christmas trees are allowed in shopping centers or single retail stores, subject to approval from the planning director.
(b) Notwithstanding anything to the contrary in section 122-282, any operating shopping center which: (1) has access from at least one signalized intersection; and (2) has a minimum of 2,000 parking spaces, shall be permitted to hold one special outdoor event each month. Special outdoor events include antique or custom vehicle shows, arts and crafts shows, festivals, outdoor entertainment, concerts or recitals, and similar events, but exclude carnivals, circuses, vehicle sales, boat sales, recreational vehicle sales, sidewalk sales and the outdoor display and sale of merchandise by vendors located inside such shopping center, subject to the following conditions:
(1) Any issue as to whether a proposed event qualifies as a special outdoor event shall be determined by the building official pursuant to section 122-6.
(2) Such special events shall occupy no more than 20 percent of a qualifying shopping center's total parking area, and the exact location of the proposed special event in the parking area shall be approved by the planning director taking into account the public's health and safety, steps taken to prevent conflicts between pedestrians and vehicles, the availability of electricity or other utilities, and the location of fire hydrants.
(3) No such special event shall be permitted in a location that would interfere with the operation of a regularly scheduled public transportation route.
(4) Such special events shall be limited to a maximum of three consecutive days in duration. The hours of a special event shall be governed by section 10-36.
(5) The use of temporary lighting and sound amplification, if permitted, shall be in accordance with all applicable provisions of this Code.
(6) No person may conduct a special event without a special event permit issued pursuant to this section.
(7) In order to obtain a permit for a special event, the shopping center owner, or the owner's designated agent, shall file an application with the planning director, which application shall include the following:
a. The owner's name, address, telephone number and emergency (off-hours) contact information.
b. The name, address and telephone number of the operator of the proposed special event.
c. A description of the proposed event including a good faith estimate of the number of expected attendees, any proposed temporary structures, temporary lighting, and use of sound amplification equipment, as well as a description of the electrical power source for each.
d. The starting date and time and the ending date and time for the special event.
e. Sketch of property showing the proposed location (including dimensions) for the special event.
f. Description of toilet, trash, and other sanitary facilities which shall be provided for use during the special event. Such facilities may be provided within the shopping center if the planning director determines that such inside facilities would be adequate and are located within a reasonable distance of the special event.
g. A statement of how any existing landscaped area within the proposed special event area shall be protected and acknowledging that the operator of the special event shall replace or repair any damaged landscape area.
h. Security plans.
i. Such reasonable application fee as may, from time to time, be prescribed by resolution of the city council.
j. A deposit, in an amount established by resolution of city council, to ensure the adequate provision of city services and to ensure adherence to the terms of the permit when issued.
k. Proof of insurance in the following amounts: $500,000.00 for injury to any one person, $1,000,000.00 for injury to two or more persons in one accident, $100,000.00 for loss or damage to property, or a combined single limit of $1,000,000.00 and showing the "City of Ocala" as an additional named insured.
l. Proof of payment of any applicable occupational license tax pursuant to section 62-81.
(8) The planning director shall be responsible for issuing special event permits and may impose reasonable restrictions on such permits, including limitations on the hours of operation of the special event, the use of sound amplification equipment, the use of temporary lighting, the provision of sanitary and refuse facilities, and other such similar restrictions, as are necessary to ensure the health, safety and welfare of those attending such special events and surrounding property owners.
(9) Prior to the issuance of a special event permit, the planning director shall review the application and confirm that adequate parking is available and the additional traffic on the area roadway system will not conflict with other planned events. Furthermore, should the planning director determine that off-site parking is necessary to accommodate the event, no permit shall be issued until the property owner or event sponsor has provided the city evidence of a written agreement for such off-site parking, as is necessary.
(10) The planning director may decline to approve, or may rescind approval, of the special event permit for any special event when:
a. The traffic volume generated by such special event, when combined with the volume of traffic generated by the non-special event use of the shopping center property, would exceed the city-approved trip generation for the shopping center property; or
b. Prior special events at the host property have exceeded its city-approved trip generation rate three or more days in the preceding 90-day period.
(11) A special event permit may be revoked by the planning director, after due notice and hearing, upon any or all of the following grounds:
a. Fraud, misrepresentation or false statement contained in the application for a permit.
b. Fraud, misrepresentation or false statement made in the course of carrying on the business for which the permit was issued.
c. Any violation of this section.
d. Conduct by a permit holder on the premises constituting a breach of the peace or a menace to the peace, health, safety and welfare of the public or the good order of the city.
e. Maintaining a nuisance on the premises.
(12) No special event permit shall be issued to any applicant that has had a special event permit revoked by the city within the 12-month period preceding the date of application.
(13) The provisions of this section are in addition to those in article II of chapter 10 of the Code. To the extent of any inconsistency, the provisions of this section shall govern.
(c) Special events held within an amphitheater or commons area specifically designed and approved to accommodate outdoor events shall be permitted and exempted from the requirements of this section so long as no activities occur within the shopping center parking lot.
(Ord. No. 2751, § 32, 8-19-97; Ord. No. 6005, § 1, 7-23-09)
Section 14. That Section 122-1198, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 122-1198. - Assisted living facilities and transitional recovery facilities.
(a) An assisted living facility shall be permitted in the R-2 district as a special exception, per section 122-1182, subject to the following provisions:
(1) A minimum of 300 square feet of indoor living space shall be provided for each occupant of the structure.
(2) Occupancy of the structure is not to exceed eight persons, including the owner or resident operator of the facility.
(3) An assisted living facility with R-2 zoning is allowed in the city's low, medium and high density residential land use designations.
(4) Parking requirements shall be as follows:
a. One parking space for each three persons occupying the structure;
b. One parking space for each employee; and
c. One parking space for each owner or resident operator of the structure.
(5) The structure shall meet the city building code requirements, life safety code requirements and housing code requirements pertaining to the intended use.
(6) The board of adjustment may place any reasonable special conditions on the applicant to ensure that the proposed use conforms with the residential character of the neighborhood; especially, the prevailing dwelling unit density, the anticipated number of nonresident employees, the availability of parking, and the use of fencing and landscaping of service areas to shield the facility from the surrounding neighborhood.
(7) The applicant must either be in possession of any license required by the state to operate such a facility, or be in the posture to receive a license. Under no circumstances will permits or occupational licenses be issued by any city department until such state license is presented to the building official.
(b) An assisted living facility shall be a permitted use in the R-3, 0-1, OP, B-2, B-2A and B-4 districts, subject to the following provisions:
(1) A minimum of 300 square feet of indoor living space shall be provided for each occupant of the structure.
(2) Parking requirements shall be as follows:
a. One parking space for each three beds; and
b. One parking space for each two employees.
(3) An assisted living facility with R-3 zoning is allowed in the city's medium and high density residential land use designations.
(4) The number of units for an assisted living facility is based on the following: Two persons equals one unit for a facility with elderly residences that have some limitations for social and personal care, and three beds equals one unit for a facility for children, disabled adults and the elderly in nursing homes.
(5) The structure shall meet the city building code requirements, life safety code requirements and housing code requirements pertaining to the intended use.
(6) The applicant must either be in possession of any license required by the state to operate such a facility, or be in the posture to receive a license. Under no circumstances will permits or occupational licenses be issued by any city department until such state license is presented to the building official.
(c) A transitional recovery facility shall be a permitted use in the B-2, B-2A and B-4 districts, subject to the following provisions:
(1) A minimum of 300 square feet of indoor living space shall be provided for each occupant of the structure.
(2) Parking requirements shall be as follows:
a. One parking space for each three beds; and
b. One parking space for each two employees.
(3) All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.
(4) If a license to operate the facility is required by federal, state or local law, the applicant must either be in possession of such a license to operate such a facility, or be in the posture to receive a license. Under no circumstances will permits or occupational licenses be issued by any city department until such license is presented to the building official.
(5) A transitional recovery facility shall adhere to all site plan requirements as per article IV of this chapter.
(d) A transitional recovery facility shall be permitted in the R-3 zoning district as a special exception, subject to the following provisions:
(1) The city council shall consider the application for a special exception pursuant to the provisions of:
a. This subsection; and
b. Article II, division 3 of this chapter but all references therein to the "zoning board of adjustment" or the "board of adjustment" shall be deemed to refer to the city council.
(2) A minimum of 300 square feet of indoor living space shall be provided for each occupant of a structure.
(3) Minimum parking requirements shall be as follows:
a. One parking space for each three beds; and
b. One parking space for each two employees.
(4) A transitional recovery facility shall not be permitted in the city's low density residential land use designation.
(5) A transitional recovery facility shall not be permitted in a historic district created or designated as such under chapter 94 of this Code or by United States Department of Interior National Park Service.
(6) All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.
(7) If a license to operate the facility is required by federal, state or local law, the applicant must either be in possession of such a license to operate such a facility, or be in the posture to receive a license. Under no circumstances will permits or occupational licenses be issued by any city department until such license is presented to the building official.
(8) No transitional recovery facility shall be located within 1,000 feet of any other transitional recovery facility. The expansion of a facility under the same ownership that is permitted under subsection 122-1198(c) and contiguous (i.e., not separated by public right-of-way) to an R-3 zoned property, is not subject to this requirement. The distance requirements between two transitional recovery facilities shall be measured from property line to property line.
(9) City council may place any reasonable special conditions, in addition to those provided in this subsection and article II, division 3, of this chapter, on the special exception to ensure that the proposed use conforms with the residential character of the neighborhood; especially concerning: The prevailing dwelling unit density, the anticipated number of nonresident employees, lighting, service facilities, the type of activities and time limits regarding outdoor activities.
(10) A transitional recovery facility shall adhere to all site plan requirements as per article IV of this chapter.
(11) This special exception shall be limited to the proposed applicant or owner to whom the special exception is granted and shall be subject to the requirements of this subsection and article II, division 3 of this chapter. Any changes in ownership or to the use of the property will require a new special exception application.
(e) (Ord. No. 1616, § 22-8(17), 12-13-83; Code 1985, § 7-1018; Ord. No. 2275, § 74, 5-5-92; Ord. No. 2730, § 12, 6-3-97; Ord. No. 4053, § 2, 6-5-01; Ord. No. 5043, § 16, 4-9-02; Ord. No. 2015-36, § 4, 6-2-15)
Section 15. That Section 122-1210, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 122-1210. - Criteria for rooming/boarding house.
(a) A rooming/boarding house shall be permitted, subject to the other provisions of this chapter and the following provisions:
(1) The owner or manager must live on premises or provide sufficient supervision to ensure compliance with applicable laws.
(2) The building must pass annual inspections by the building official.
(3) The owner obtains a change of occupancy permit n occupational license pursuant to this code. Such license:
a. Shall only be issued and maintained if the building passes its annual inspections;
b. Shall state the number of occupants allowed in the building; and
c. Shall be conspicuously displayed in the building.
(b) A rooming/boarding house shall be permitted in the R-3 zoning district as a special exception, subject to the provisions in subsection (a) of this section and the following:
(1) A minimum of 300 square feet of indoor living space shall be provided for each occupant of a structure.
(2) Minimum parking requirements shall be as follows:
a. One parking space for each three beds; and
b. One parking space for each two employees.
(3) A rooming/boarding house shall not be permitted in the city's low density residential land use designation.
(4) A rooming/boarding house shall not be permitted in a historic district created or designated as such under chapter 94 of this code or by United States Department of Interior National Park Service.
(5) All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.
(6) No rooming/boarding house shall be located within 1,000 feet of any other rooming/boarding house. The distance requirements between two rooming/boarding houses shall be measured from property line to property line.
(7) The board of adjustment may place any reasonable special conditions, in addition to those provided in this subsection and article II, division 3, of this chapter, on the special exception to ensure that the proposed use conforms with the residential character of the neighborhood; especially concerning: the prevailing dwelling unit density, the anticipated number of nonresident employees, lighting, service facilities, the type of activities and time limits regarding outdoor activities.
(8) A rooming/boarding house shall adhere to all site plan requirements as per article IV of this chapter.
(9) This special exception shall be limited to the proposed applicant or owner to whom the special exception is granted and shall be subject to the requirements of this subsection and article II, division 3 of this chapter. Any changes in ownership or to the use of the property will require a new special exception application.
(Ord. No. 5043, § 17, 4-9-02)
Section 16. That Section 122-1214, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 122-1214. - Mini-warehouse criteria.
(a) A mini-warehouse (self-service storage facility/neighborhood storage center) shall be a permitted use in the B-2, B-4, B-5, M-1 and M-2 zoning districts, subject to the following criteria:
(1) Building exterior elevations will be required as part of the site plan process for developments in the B-2 zoning district. The building's site plan or exterior elevations shall include architectural treatments, or landscaping features where the facades exceed 100 linear feet without an opening of at least ten feet. All structures must be architecturally harmonious in terms of scale, style, roof lines, color scheme, and building materials with the surrounding properties and uses. All roofs shall include a pitch design that is compatible with the surrounding uses.
(2) All mini-warehouses shall be used for the storage of business or household goods only. The storage of hazardous materials or substances is prohibited. In no case shall the storage spaces be used for businesses which require a business tax receipt.
(3) All mini-warehouse storage units with outside access shall be one-story. The individual storage units in the B-2 zoning district or adjacent to a residential use or district shall front internally, and all access to the units shall be through a fenced area.
(4) Parking for mini-warehouses shall be consistent with subsection 122-1010(a)(31). However, for individual storage units with exterior entry, the building official may allow a portion of the required parking to be met by the paved space in front of the individual units and by calculating the office space at one parking space per 300 square feet.
(5) Except in the M-2 zoning district, all storage shall be indoors or covered and completely screened from view.
(6) All mini-warehouse developments shall provide landscaping and buffers consistent with the requirements of section 122-260. The landscaping shall be 100 percent irrigated and maintained.
(7) If adjacent to a residential use or district, access to mini-warehouses shall be restricted between the hours of 11:00 p.m. to 6:00 a.m.
(8) All dumpster and service areas shall be completely screened from public view.
(9) All mini-warehouses shall adhere to all site plan requirements as per article IV of this chapter.
(Ord. No. 5299, § 6, 6-8-04; Ord. No. 2021-7, § 11, 1-19-21)
Section 17. That Section 122-1216, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 122-1216. - Community work release facility criteria.
(a) A community work release facility shall be a special exception in the B-5 zoning district subject to the following:
(1) A minimum of 100 square feet of indoor living space shall be provided for each occupant of the structure.
(2) The maximum number of occupants must be identified as part of the special exception application. The applicant must also provide a plan showing the size and location of the building, the proposed parking area, any outdoor area, the floor plan of the indoor living space, and the type of security.
(3) Parking requirements shall be as follows:
a. One parking space for each five beds; and
b. One parking space for each two employees.
(4) If a license, or contract with the state, to operate the facility is required by federal, state or local law, the applicant must either be in possession of such a license or contract to operate such a facility, or be in the posture to receive such a license or contract. Under no circumstances will permits or occupational licenses be issued by any city department until such license or contract is presented to the building official.
(5) The license or contract to operate a community work release facility by federal, state or local law must be consistent with the approved special exception.
(6) A community work release facility shall be separated by a distance of at least 1,500 feet from any other community work release facility. The distance requirements between uses shall be measured from property line to property line.
(7) A community work release facility shall be separated by a distance of at least 1,500 feet from a residential use, assistant living facility, transitional recovery facility, school, park, playground or day care. The distance requirements between uses shall be measured from property line to property line.
(8) A community work release facility must comply with the city's noise regulations per section 34-171 of this Code.
(9) All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.
(10) A community work release facility shall adhere to all site plan requirements as per article IV of this chapter.
(11) The board of adjustment may place any reasonable special conditions, in addition to those provided in this subsection and article II, division 3, of this chapter, on the special exception to ensure that the proposed use conforms with surrounding area; especially concerning the size of the building, the proposed outdoor areas, buffers, the number of occupants and security.
(12) This special exception shall be limited to the proposed applicant or owner to whom the special exception is granted and shall be subject to the requirements of this subsection and article II, division 3 of this chapter. Any changes in ownership or to the use of the property will require a new special exception application.
(b) Any transitional recovery facilities that, on the effective date of the adoption of Ordinance No. 5550, meet the definition of a community work release facility under section 122-3:
(1) Shall be deemed a community work release facility but shall not be required to obtain a special exception under subsection (a) of this ordinance or meet the requirements of subsections (2), (3), (5), (7), (11), and (12) of subsection (a) of this section; and
(2) Shall be a "nonconforming use of a structure pursuant to section 122-175 of this Code". Notwithstanding the provisions of sections 122-171 and 122-176 of this Code:
a. If the use of the structure changes, the structure shall cease to be a legal nonconforming use.
b. If the ownership of the structure changes, the structure shall cease to be a legal nonconforming use.
c. If the use of the structure discontinues for a period of more than one month (or 18 months in the event the discontinuance of use is as a result of a fire, storm or other catastrophe), the structure shall cease to be a legal nonconforming use.
d. If, pursuant to the foregoing subparagraphs, the structure ceases to be a legal nonconforming use, it may thereafter only be used in conformance with the provisions of subsection (a) of this section.
(Ord. No. 5550, § 6, 8-8-06)
Section 18. That Section 122-1224, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 122-1224. - Criteria for construction and demolition landfill in the M-2 and M-3 zoning districts.
(a) A construction and demolition landfill shall be permitted in the M-2 and M-3 zoning districts subject to the following provisions:
(1) A new or an expansion of an existing construction and demolition landfill will require a F.S. Ch. 163 Development Agreement, approved by the Ocala City Council after two public hearings. The Chapter 163 Development Agreement shall govern the entire site and City Council may place site-specific conditions in addition to the provisions in this section. The 163 Development Agreement shall be intended to ensure compliance with this Code of Ordinances, consistency with the comprehensive plan, and compatibility with adjacent uses.
(2) An approval of the Chapter 163 Development Agreement for the use shall be limited to the proposed applicant or owner to whom the use is granted. Any changes in ownership/management or to the use of the property will require an amendment to the Chapter 163 Development Agreement.
(3) A construction and demolition landfill area shall not be located within at least 125 feet of a church, day care facility, school or residence. The distance shall be measured from the edge of the landfill area to the property line of the church, day care facility, school or residence. The landfill area for the purposes of this section shall be considered the area where the landfill activity is permitted to take place in accordance with the Chapter 163 Development Agreement and not the required or designated buffers or water retention areas or portions of any property not actively used for landfill activity.
(4) A construction and demolition landfill must have a buffer of at least 100 feet when not adjacent to an operating industrial use existing at the time of an application for a Chapter 163 Development Agreement. The applicant shall provide a line of sight cross-section analysis showing that the landfill area at maximum height is screened from public view. The buffer materials (wall, fence, berm or landscaping) shall be approved as part of the Chapter 163 Development Agreement. The required buffer may be located on adjoining property owned by the landfill property owner or a third party so long as it is encumbered by the Chapter 163 Development Agreement.
(5) A construction and demolition landfill shall adhere to all site plan requirements as per article IV of this chapter.
(6) A construction and demolition landfill area cannot be part of the required off-street parking area or open space requirements of the site plan.
(7) A construction and demolition landfill area, equipment and any buildings related to the landfill cannot be in a required buffer.
(8) Any new construction and demolition landfill shall be located on a parcel or parcels which consist of 70 acres or more of combined, contiguous property owned by the landfill operator, and shall not be in a platted subdivision consisting of more than one lot. For purposes of this requirement, the minimum acreage may consist of both the landfill area (inclusive of buffers and water retention areas) and any contiguous property owned by the landfill operator that may include property not currently zoned M-2 or M-3.
(9) The applicant shall identify on the site plan the area where the landfill materials will be located and include a phased plan for future storage. The site plan shall also show ingress and egress to the site, internal circulation, and stacking for trucks and other vehicles.
(10) A construction and demolition landfill shall not operate between the hours of 8:00 p.m. and 6:00 a.m. During emergencies that would require a significant amount of materials being delivered to the site, the city manager may extend the hours of operation based on the needs of the community.
(11) If a license/permit with the state or local agency, to operate a construction and demolition landfill is required by federal, state or local law, the applicant must be in possession of such license/permit to operate such a facility. Under no circumstances will permits or occupational licenses be issued by the City until such license/permit is presented to the planning director.
(12) A license/permit to operate a construction and demolition landfill by federal, state or local law must be consistent with the approved site plan and the City's comprehensive plan.
(13) A construction and demolition landfill shall be separated by a distance of at least 20,000 feet from any other construction and demolition landfill. The distance requirements between uses shall be measured from property line to property line.
(14) Maximum height of a construction and demolition landfill shall be established in a Chapter 163 Development Agreement governing such construction and demolition landfill. However, in no event shall the maximum height of a construction and demolition landfill exceed the greater of: (i) the current height of the C&D Landfill on the effective date of the Chapter 163 Development Agreement; or (ii) 125 feet of elevation, which shall be determined by measuring the vertical distance between: (a) mean sea level being calculated based upon National Geodetic Vertical Datum of 1929, and (b) the bottom of the landfill "cap" serving as a barrier between the contaminated waste and the surface (the "Maximum Height").
(15) A construction and demolition landfill must comply with the city's noise and waste regulations per sections 34-171 and 34-93 of this Code.
(16) All structures on the site shall meet the city building code requirements and life safety code requirements pertaining to the intended use.
(Ord. No. 2021-65, § 7, 8-17-21)
Section 19. That Section 122-1225, of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Sec. 122-1225. - Materials recovery facility criteria.
(a) A materials recovery facility shall be a permitted use in the M-2 and M-3 zoning districts, subject to the following criteria:
(1) A materials recovery facility shall be located on a parcel at least five acres in area which: (a) enjoys direct access to and from an arterial or collector street; or (b) is an internal lot within an industrial zoned subdivision with direct access to and from an arterial or collector street.
(2) All solid waste or recovered materials being transferred to and from the facility must be processed inside an enclosed building on at least three sides. During daily operations, doors may remain open to accommodate the trucks delivering and removing materials. Outdoor storage of any materials is prohibited, without regard to duration.
(3) All solid waste materials and recovered materials entering a materials recovery facility shall be removed from the facility within 24 hours or the next business day. The floor of the materials recovery facility shall be cleaned daily after the last load is removed from the site.
(4) A materials recovery facility shall have a holding area for inspecting incoming loads. All hazardous materials shall be identified and removed from the site immediately and prior to processing.
(5) Any materials recovery facility that is open to the public shall have a separate and distinct delivery area to be utilized by the public.
(6) A materials recovery facility shall not operate within 200 feet of a church, daycare facility, school, hospital, residence, or residentially zoned property. The distance shall be measured from a material recovery facility building to the property line of a church, daycare facility, school, hospital, residence, or residentially zoned property.
(7) All buffers shall be consistent with Section 122-260. However, if a materials recovery facility is operated within 750 feet of a church, daycare facility, school, hospital, residence, or residentially zoned property, then:
a. The property shall include, at a minimum, a 30-foot vegetative buffer and be completely screened from public view by a six-foot block or panel wall with landscaping or a six-foot berm (3:1 side slope and 25 linear feet in depth) with landscaping.
b. Landscaping shall be irrigated and maintained, and shall consist of natural vegetation and trees, if available, and a continuous hedge and ornamental/shade trees at least every 25 linear feet.
c. During the review process, the planning director may require additional fencing, landscaping, or alternative buffering to ensure complete screening of the use from public view or adjacent properties, which may include ornamental/shade trees.
(8) Materials recovery facility equipment, parking spaces or any buildings on the site cannot be located in a required buffer.
(9) A materials recovery facility shall be separated by a distance of at least 750 feet from any other materials recovery facility. The distance requirements between uses shall be measured from property line to property line.
(10) A materials recovery facility shall operate only on weekdays from 7:00 a.m. to 7:00 p.m., if within 200 feet of a church, daycare facility, school, hospital, residence, or residentially zoned property. The distance requirements between uses shall be measured from property line to property line. During emergencies that would require a significant amount of materials being delivered to the site, the city may extend the hours of operation based on the needs of the community.
(11) As part of site plan/building permit process, an applicant must identify the following: size of the building(s) (amount of floor space used for the waste), hours of operation, lighting, delivery times, the number of trucks delivering/removing waste materials, size of the trucks, internal circulation of all vehicles, parking spaces for the trucks/other vehicles and the queuing system to accommodate the trucks.
(12) As part of the site plan/building permit process, an applicant shall identify the type of solid waste materials being delivered to the site, and the location and type of facility where the solid waste materials will be delivered once they leave the materials recovery facility.
(13) If a license or permit is required to operate a materials recovery facility is required pursuant to federal, state, or local law, the applicant must possess such license or permit to operate such a facility. Under no circumstances will permits or a business tax certificate be issued by the City until such license or permit is presented to the building official.
(14) A license or permit to operate a materials recovery facility by federal, state, or local law must be consistent with the City's code of ordinances and comprehensive plan. As part of the permitting process the City may require groundwater monitoring prior to approval and during the operation of a materials recovery facility.
(15) A materials recovery facility must comply with the city's noise and waste regulations per sections 34-93 and 34-171 of this Code and provide a plan as part of the application to address odor and dust debris from the site, including the roads accessing the site.
(16) A materials recovery facility shall adhere to all site plan requirements as per article IV of this chapter.
(17) All structures on the site shall meet the building code requirements and life safety code requirements pertaining to the intended use.
(18) A materials recovery facility application may be subject to a Development Agreement, which may include reasonable conditions in addition to those provided in this subsection to ensure that the proposed use is compatible with the surrounding area.
Editor's note- Formerly entitled "Neighborhood storage center criteria," which was amended as herein set out by Ord. No. 2021-7.
Section 20. That APPENDIX A, ARTICLE III, Section 6 of the Code of Ordinances, City of Ocala, Florida is hereby amended as follows:
Section 6. - Franchise fee.
In consideration of the franchise herein granted the company agrees to pay the City of Ocala one percent of its gross local service recurring revenues per annum from its customers located within the corporate limits of the city, as recorded to its Account 31.500, Local Service Revenue, as provided in part 31 of the Uniform System of Accounts as prescribed by the Federal Communications Commission and adopted by the Florida Public Service Commission, said payments to be made quarterly during each calendar year and not more than 30 days after the end of each calendar quarter.
The payment of one percent of the company's gross local service recurring revenues within the corporate limits of the City of Ocala as defined above shall be in lieu of any telephone service heretofore provided at no charge or at a rate below established tariff rates on file with the Florida Public Service Commission.
In the event, and at any time during the term of this franchise, that the company through a franchise or license agreement with any other incorporated municipality within its certified operating territory as contained in its certificate of public convenience and necessity on file with the Florida Public Service Commission, should agree to pay said municipality in excess of one percent of its gross local service recurring revenues within the corporate limits of any said municipality, the company agrees to promptly advise the City of Ocala of said franchise or license agreement. Thereafter, if requested by the City of Ocala to increase said percentage to an equivalent percentage in this franchise, the company agrees to increase same for the next succeeding calendar quarter and to continue said payment rate for the balance of this franchise unless said franchise fee is increased again during the term of this franchise. The City of Ocala shall be entitled to each such increase that the company may grant to other franchise holders during the course of this franchise.
The payment of any future percentages by the company of gross local service recurring revenues within the corporate limits of the City of Ocala, occupational license, inspection, or any other similar type taxes or special fees imposed by the City of Ocala, however, shall be subject to any established tariff provisions of the company on file and approved by the Florida Public Service Commission and also in conformity with any established procedures approved by said commission governing the allowance of such payments in bona fide rate proceedings.
Section 21. Direction to Staff. The City Council of the City of Ocala, Florida directs staff to take any and all other steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.
Section 22. Direction to the Codifier. It is the intention of the City Council of the City of Ocala, Florida that (1) this ordinance shall become and be made a part of the Code of Ordinances, City of Ocala, Florida, (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by the City Council.
Section 23. Repealing Inconsistent and/or Conflicting Provisions. The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 24. Severability of Ordinance Provisions. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 25. Modifications Arising from Consideration at a Public Hearing. It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 26. Effective Date of Ordinance. This ordinance shall become effective immediately upon approval by the Mayor or becoming law without such approval.
PASSED AND ADOPTED, in a regular session with a quorum present and voting, by the City Council of the City of Ocala, Florida this ____ day of _______ 2026.
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ATTEST: |
CITY OF OCALA |
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_____________________________ Angel B. Jacobs City Clerk |
By: __________________________________ Ire J. Bethea Sr. President, Ocala City Council |
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Approved / Denied by me as Mayor of the City of Ocala, Florida, on ______________, 2026. |
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By: _____________________________ Ben Marciano Mayor |
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Approved as to form and legality: _____________________________ William Sexton City Attorney |
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ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire J. Bethea Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2026.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2026-XX
Introduced: Click or tap to enter a date.
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.