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Ordinance 012-2018 ORDINANCE NO. 012 - 2018 AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY CREATING SECTION 22 -128 OF THE CODE OF ORDINANCES OF MONROE COUNTY, FLORIDA, CREATING THE MIDDLE KEYS HEALTH CARE MUNICIPAL SERVICE TAXING UNIT; MAKING FINDINGS OF FACT; DEFINING THE BOUNDARIES OF THE TAXING UNIT; PROVIDING FOR THE PURPOSE THEREOF; DESIGNATING THE GOVERNING BODY THEREOF AND ITS POWERS AND DUTIES; PROVIDING AUTHORITY FOR THE LEVY OF AD VALOREM TAXES WITHIN THE TAXING UNIT; SETTING FORTH PERMITTED USES OF AD VALOREM TAX REVENUES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County, as the legislative and governing body of the County, has the authority pursuant to Section 125.01(1)(t), Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers; and WHEREAS, the Board of County Commissioners has the authority pursuant to Section 125.01(1)(q), Florida Statutes, to establish a municipal service taxing unit (MSTU) for any part of all of the unincorporated county, for the purpose of . providing, inter alia, indigent health care services, and other essential facilities and municipal services from funds derived from taxes levied and collected within the taxing unit; and WHEREAS, the Board of County Commissioners also has the authority pursuant to Section 125.01(1)(q), Florida Statutes, to provide that the boundaries of the MSTU may include all or part of the boundaries of a municipality; and WHEREAS, prior to Hurricane Irma, Fishermen's Community Hospital (the "Hospital ") in Marathon, Florida, struggled financially due in part to the cost of its delivery of hospital services to patients who were unable to pay; and WHEREAS, at the request of community leaders, Fishermen's Health, Inc., a not-for- profit corporation ( "Fishermen's ") affiliated with Baptist Health South Florida, acquired the Hospital just prior to Hurricane Irma; and WHEREAS, the Hospital facility suffered damage in Hurricane Irma; and W HEREAS, the 1960s era Hospital facility is in need of significant repairs, upgrades and improvements in order to adequately serve the Middle Keys community; and WHEREAS, the Hospital facility has not reopened following Hurricane Irma, and Hospital services are being provided from an emergency mobile facility on the site, currently slated to be 1 114951208.8 replaced this summer at significant expense by a temporary modular facility on the site that will more adequately serve the needs of the public, pending construction of a new permanent Hospital facility at a cost of approximately $40 million for design, construction and equipment; and WHEREAS, the resumed operation of a permanent, modern hospital in the Middle Keys would serve a paramount public purpose; and WHEREAS, the Board of County Commissioners of Monroe County wishes to create the Middle Keys Health Care Municipal Service Taxing Unit, to ensure the availability of inpatient and outpatient hospital services in the Middle Keys to all patients; and WHEREAS, the Board of County Commissioners of Monroe County believes that the creation of the Middle Keys Health Care Municipal Services Taxing Unit will help to attract private investment in the construction and operation of a new hospital in the Middle Keys. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1. Section 22 -128 within Article VI of the Code of Ordinances of Monroe County, Florida ( "Code ") is hereby created to read as set forth below. Sec. 22 -128 Middle Keys Health Care Municipal Service Taxing Unit. (a) Taxing unit created. A municipal service taxing unit (MSTU) is hereby created pursuant to F.S. 125.01(1)(q), which encompasses the following geographic areas, lying between Mile Marker 40 at the southern end of the Seven Mile Bridge, and Mile Marker 65: The entire City of Marathon, Florida, including Grassy Key and any offshore islands within the municipality; The entire City of Key Colony Beach, including any offshore islands within the municipality; and That portion of unincorporated Monroe County lying between Mile Marker 40 and Mile Marker 65, including but not limited to Duck Key including Hawk's Cay (Indies Island), and Conch Key, excluding any offshore islands within the unincorporated County. These areas correspond to the following taxing districts designated by the Monroe County Property Appraiser's Officer existing as of 1 -1 -2018: (i) 50CM — Part of City of Marathon (ii) 51CM — Part of City of Marathon (iii) 50KC — City of Key Colony Beach (iv) 500D — Part of Unincorporated Duck Key (v) 510D — Unincorporated Conch Key (vi) 520D — Part of Unincorporated Duck Key 2 114951208.8 (b) Name of unit. The name of the MSTU shall be the Middle Keys Health Care Municipal Service Taxing Unit (hereinafter, the taxing unit). (c) Purpose of unit. The taxing unit shall be established to ensure the availability of hospital services within the taxing unit by financially supporting the delivery of hospital services to patients who are unable to pay the full costs of such services. (d) Public purpose. It is hereby found, declared and determined by the Board of County Commissioners of Monroe County, Florida, that the provision of adequate health care facilities and services fosters the public health, safety and welfare of the citizens, as well as visitors, of the taxing unit, and therefore serves a paramount public purpose. It is hereby further declared and determined by the Board of County Commissioners that the services to be funded with ad valorem taxes levied and collected pursuant to this Section are municipal services as contemplated in F.S. § 125.01(1)(q) and (r), and that they shall be provided within the taxing unit. The intention of the Board of County Commissioners is to levy a tax to fund these municipal services on the taxable valuation of all real property within the taxing unit. (e) Governing board. The governing board of the taxing unit is the Board of County Commissioners of Monroe County, Florida. The governing board shall have all powers, authority and duties outlined in F.S. § 125.01(1)(q) and (r), including, without limitation, the power and authority to levy and collect taxes, and the power to enter into contractual obligations to accomplish the purposes set forth in this section. (f) Levy of tax. The Board of County Commissioners of Monroe County shall adopt an annual budget for the Middle Keys Health Care Municipal Service Taxing Unit, commencing with county fiscal year 2019, at the same time and in the same manner as the county budget. The levy by the Board of County Commissioners shall be by annual resolution, beginning with County fiscal year 2019, for a maximum of ten (10) years. The amount to be levied shall be set each year, but shall not exceed a maximum of one -half of one mill (0.00050) on the assessed valuation of taxable real property in the taxing unit. The millage shall be set and the tax levied thereon in accordance with the provisions and in like manner as required for the setting of other County ad valorem taxes. (g) Use of taxes. Revenues from ad valorem taxes levied within the Middle Keys Health Care Municipal Service Taxing Unit shall be used solely for payments to hospital operators for the delivery of hospital services to patients who are unable to pay the full costs of such services. The levy, collection and disbursement of taxes for this purpose is contingent upon the occurrence of all of the following: (i) adoption by Monroe County of this Ordinance; (ii) adoption of ordinances consenting to the inclusion in the taxing unit of the municipalities of Marathon and Key Colony Beach by their respective governing bodies, as required by Section 125.01(1)(q), 3 114951208.8 Florida Statutes; (iii) approval of an agreement between Monroe County and Fishermen's, or another future hospital operator, setting forth the terms and conditions by which the ad valorem taxes will be paid; and (iv) the planning, design and construction of a new hospital within the taxing unit in accordance with milestones set forth in an agreement between the County and Fishermen's. (h) Fiscal Management. All taxes levied within the taxing unit shall be due and payable and collected in the same manner proscribed by law for other county ad valorem taxes. The revenues collected shall be received, held, and secured in the same manner as other funds by the clerk of the circuit court and shall be used exclusively for the purposes provided in this section. Section 2. Severability. If any section, subsection, sentence, clause, or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 3. Repeal. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section'4. Inclusion in the Code. The provisions of this Ordinance shall be included and incorporated into the Monroe County Code as an addition or amendment thereto, and shall be renumbered appropriately to conform with the uniform numbering system of the Monroe County Code. Section 5. Effective Date. This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with said Office. 4 114951208.8 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, at a regular meeting held on thei&thday of July , 2018. Mayor David Rice Yes Mayor Pro Tem Sylvia Murphy Yes Commissioner Heather Carruthers Yes Commissioner Danny Kolhage Yes Commissioner George Neugent Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 1., BY: sz, A Mayor David Rice ` , 1 = 0 0 4 N r IN MADOK, CPA, CLERK Deputy Clerk 3 'n o r c 4�. -) • tV c) I i1 9? i v N p !MONK* E COUNTY ATTORNEY OV D AS FO T YNTH IA t. HALL ASSIST' NT COUNTY ATTORNEY Date — 20 [ 5 114951208.8 -, K1.Y4WEST 1 The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800, Key West FL 33041 P: (305) 292 -7777 ext. 219 F: (305) 295 -8025 i legals @keysnews.com I RECEIVED MONROE BD OF COMMISSIO PO BOX 1026 JU L 0 KEY WEST FL 33041 -1026 3 2018 MONROE COUNTY ATTORNEY Account: 138472 Ticket: 240587 PUBLISHER'S AFFIDAVIT NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE • STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE MAY NOTICE IS HEREBY GIVEN I M CONCERN that on July ly WHOM 18, 2018 8 at NOTICE IS HEREBY GIVEN TO WHOM R 3:00 P.M., or as soon thereafter as may MAY CONCERN that on Jul 18, at be Center, r the Ove Govern - ned authority personally appeared July 18 2018 ment Mara thon, -Monroe Coun k, Florida, Center, 2798 Overseas ighway, Before the undersi g y p y pP be heard, or as soon thereafter as may Mara be heard, in the Marathon Govern- the Board of County C. missioners ment Center, 2798 Overseas Highway, ,of Monroe County; Flcid intends t� /,l e ,i,��/� S Pe77 , who on oath says that he or she is Marathon, Monroe County, Florida, consider the adoption the following the Board of County Commissioners i County ordinance: of Monroe County, Florida, intends to ! afrt- ewz d o Iv re of the Key West Citizen, a daily news- consider the adoption of the following AN OR NANCE THE BOARD OF County ordinance: I COUNTY " COMM STONE OF MON- paper published in key WWW in Monroe County, Florida; that the attached copy 'ROE COU TY EATING SECTION 22- AN of advertisment, being a legal notice in the matter of Middle Keys Health Care co ORDINANCE ' SI NER BOARD OF ..MO MONROE E C. �E NTY, FLORIDA; INCR T- g g Y COUNTY COMMISSIONERS OF MON- I MONROE NTY, FLOD CREAT- MSTU was published in said newspaper in the issues of: ROE COUNTY CREATING SECTION 22- ' ING THE MIDDLE KEYS HEALTH CARE , 128 OF THE CODE OF ORDINANCES OF MUNICIPAL SERVICE TAXING UNIT; MONROE COUNTY, FLORIDA; CREAT- MAKING FINDINGS OF FACT; DEFIN- Wednesday, June 27, 2018 ING THE MIDDLE KEYS HEALTH CARE ING THE BOUNDARIES OF THE TAXING MUNICIPAL SERVICE TAXING UNIT; UNIT; PROVIDING FOR THE PURPOSE MAKING FINDINGS OF FACT; DEFIN- THEREOF; DESIGNATING THE GOVERN- ING THE BOUNDARIES OF THE TAXING ING BODY THEREOF AND ITS POWERS Affiant further says that the Key West Citizen is a newspaper published in Key UNIT; PROVIDING FOR THE PURPOSE AND DUTIES; PROVIDING AUTHORITY THEREOF; DESIGNATING THE GOVERN- FOR THE LEVY OF AD VALOREM TAX - West, in said Monroe County, Florida and that the said newspapers has hereto- ING BODY THEREOF AND ITS POWERS ; ES WITHIN THE TAXING UNIT; SETTING fore been continuously published in said Monroe County, Florida every day, and AND DUTIES; PROVIDINGAUTHORITY I PERMITTED VEND USES OF AD VALOR- FOR THE L EVY OF AD VALOREM T EM TAX REVENUES; PROVIDING FOR has been entered as periodicals matter at the post office in Key West, in said ES WITHIN THE TAXING UNIT; SETTING I SEVERABILITY; PROVIDING FOR THE L I. Monroe County, Florida, Ifor a period of 1 year next preceding the first publication FORTH PERMITTED USES OF AD VALOR- SKTENT PROVIDING FOR of the atta hed copy of advert nt; and affiant further says !INCLUSION IN THE MONROE COUNTY s that he or she has EM TAX REVENUES PROVIDING FOR PY Y SEVERABILITY; PROVIDING FOR THE CODE; AND PROVIDING FOR AN EFFEC- ' neither • . • or pro ed - y p- son, firm or corporation any discount, rebate, REPEAL OF ALL ORDINANCES INCON- TIVE DATE. ; commis • or ref d th ,p urpose of securing this advertisement for publics- SISTENT HEREWITH; PROVIDING FOR ! -. i INCLUSION IN THE MONROE COUNTY 1 Pursuant to Section 286.0105, Florida tion in t aid n sp�•�= CODE; AND PROVIDING FOR AN EFFEC- Statutes, notice is given that if a person 1 / TIVE DATE. / / / / I decides to appeal any decision made by � Pursuant to Section 286.0105, Florida the Board with respect to any matter considered at such hearings or meet- + ig - OF Affi Statutes, notice is given that if a person ''ings, he will need a record of the pro - � ' decides to appeal any decision made by ceedings, and that, for such purpose, the Board with respect to any matter he may need to ensure that a verba- Affirmnd subscribed before me this 27th day of June 2018 considered at such hearings or meet- tim record of the proceedings is made, r ings, he will need a record of the pro- which record includes the testimony , , Q �, // ? 1 ceedings, and that, for such purpose, and evidence upon which the appeal is o ryQ� _ f G �G ®‘ 1 t S ® he may need to ensure that a verba- Ito be based. ' ® ®\ Op ® tim record of the proceedings is made, (Notary Public Signature) ® ‘® �Q U S� iii which which record includes the testimony ', ASSISTANCE: If you are a person', ®® \�• C1 :e_ and evidence upon which the appeal is with a disability who needs special:: A 1 +&U.. p to be based. accommodations in order to partra- ��t � 0 c ..• \,\O &9F G � pate in this proceeding, please contact I (Notary Public Printed Name) a °(Notary ° Seal) ° Z- = A DA ASSISTANCE: If you are a person the Cou Adm inistrators Office, by �/ , m ® _ with a disability who 292 -4441, between the _ � o needs special � phoning 9( 305 (305) ) h • My Comm. E ° —accommodations in order to p artici- I hours of 8:30 a.m. - 5:00 p.m., no later �/ GZCl / ° e P g P than five (5) calendar da rior to the My commission expires spate in this roc eedin , le ase contact P July 17 2018 : : the County Administrator's Office, by scheduled meeting; if you are hearing s No. FF 1 43137 ° phoning (305) 292 -4441, betwe the P or voic impaired, call "711". ® ® hours of 8:30 a.m. - 5:00 p.m., no later Personal) X I Produced Identification C P than five (5) calendar days prior to the Dated at Key West, Florida, this 20th. s .Q Y Known uce �` •. ° A C ) day'of June, 2018. U Q ® T °'• ° °•••° \ `4„ or voice impaired, call "711". Type of Identification Produced F.2.-- -, 1- ® ,✓ r ` ` ' r O� o sc heduled meeting; if you are hearing ® ® KEVIN MADOK, Clerk of the Circuit s d® ® ®® Dated at Key West, Florida, this 20th i Court and ex officio Clerk the Board - "I i i i i i %10 day of June, 2018. i- C Commissioners f M oners oonroe County, Florida i KEVIN MADOK, Clerk of the Circuit 06/27/18 Kev West Citizen ' Court and ex officio Clerk of the Board , of County Commissioners of Monroe County, Florida • 06/27/18 Kev West Citizen July 24, 2018 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 012-2018 creating Section 22-128 of the Code of Ordinances of Monroe County, Florida, creating the Middle Keys Health Care Municipal Service Taxing Unit; making findings of fact; defining the boundaries of the taxing unit; providing for the purpose thereof; designating the governing body thereof and its powers and duties; providing authority for the levy of ad valorem taxes within the taxing unit; setting forth permitted uses of ad valorem tax revenues; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for inclusion in the Monroe County Code; and providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on July 18, 2018. Should you have any questions, please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller & ex-officio to the Monroe County Board of County Commissioners by: Pamela G. Hancock, D.C. cc: MuniCode County Administrator County Attorney City of Marathon Property Appraiser Tax Collector Finance & OMB BOCC File RICK SCOTT KEN DETZNER *RYHUQRU 6HFUHWDU\RI6WDWH July 24, 2018 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Pam Hancock Dear Mr. Madok: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 012-2018, which was filed in this office on July 24, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250  Telephone: (850) 245-6270 www.dos.state.fl.us From: ords2municode.com To: peters-katherine@monroecounty-fl.aov; Pam Hancock Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 17 Update 3 Date: Sunday,July 29,2018 1:07:43 PM Attachments: ATf00001.bin ATf00002.bin ****THIS IS AN AUTOMATICALLY GENERATED EMAIL* Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 17 Update 3 Ordinance No. 012-2018 7/18/2018 7/26/2018 PDF Ordinance No. 013-2018 7/18/2018 7/29/2018 PDF Ordinance No. 014-2018 7/18/2018 7/26/2018 PDF Correction of 06262018 6/26/2018 Word ' _ ' Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly.