Ordinance 006-1988
Commissioner Mike Puto
Commissioner John Stormont
ORDINANCE NO. 006 -1988
AN ORDINANCE DECLARING THAT AN EMERGENCY
EXISTS AND WAIVING NOTICE BY A FOUR-FIFTH' S
VOTE; CREATING THE LOWER KEYS MUNICIPAL
SERVICE TAXING DISTRICT FOR HEALTH CARE AND
FACILITIES ENHANCEMENT THEREOF; DEFINING THE
BOUNDARIES THEREOF; PROVIDING FOR THE
PURPOSES OF THE DISTRICT; DESIGNATING THE
GOVERNING BODY THEREOF; 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, unique and distinct areas of Monroe County exist
with differing degrees and need concerning health and trauma
care, and
WHEREAS, local Monroe County hospitals offer varying degrees
of ability to serve residents of their respective areas
concerning health and trauma care, and
WHEREAS, Monroe County desires to enhance such facilities
and care offerings to the residents and visitors of the area
served by such hospital, and
WHEREAS, there presently exists varying degrees of need to
utilize, in certain cases, hospital services outside of Monroe
"
County which require funding assurances in order to access such
facilities, and
WHEREAS, Monroe County desires to establish means of
accomplishing facility upgrading to decrease reliance upon areas
outside of Monroe County for certain types of health care while
at the same time assuring accessibility and transport for those
instances where such care is not yet available for the particular
district within Monroe County, and
WHEREAS, an emergency is hereby declared in order to protect
the health, safety and welfare of the citizens and visitors of
Monroe County as there are presently no health care and
facilities enhancement districts; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. An emergency is hereby declared and notice
waived by a four-fifth's vote.
Section 2. FINDINGS OF FACT.
The Board of County Commissioners of Monroe County does find
that establishment of municipal service taxing districts in the
County is necessary to provide certain essential health care and
facilities upgrading for the public health and welfare of such
districts, and is a service under Section 125.01(1)(q) of the
Florida Statutes for which a special taxing district may be
created under Chapter 125, Florida Statutes.
Section 3. ESTABLISHMENT.
There is hereby created and established a municipal service
taxing district to be known as the Lower Keys Health Care Taxing
District, so as to provide revenue for certain health care
necessities conditioned upon approval by referendum in said
District, pursuant to the provisions contained in Section 125.01,
et seq. of the Florida Statutes and Article V, Section 2-235, et
seq. of the Monroe County Code. Said District will be comprised
of that area corresponding to election precincts 11 through 15
and that part of election pricinct 16 to the south end of the 7
Mile Bridge, excluding Marathon, also corresponding with
Municipal Services Districts lA, 1B, 1C and 1D.
Section 4. PURPOSES.
The purpose of the Health Care Taxing District is to provide
revenues, to be used as set forth in Section 6, Subsection 4 of
this ordinance, for:
1. Firstly, principal access to appropriate levels of
transfer and of health care for trauma-related injury;
2. Secondly, improvement of facilities and services, by
hospital service area, to relieve reliance upon
outside-of-District sources; and
3. Thirdly, to meet varying conditions and degrees of
health care services as may be required by the District
beyond those enumerated above.
Section 5. GOVERNING BODY.
The governing body of the Health Care Taxing District shall
be the Board of County Commissioners of Monroe County.
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The governing body shall be advised by an advisory panel who
shall be responsible for operations of the Health Care Taxing
District as to budgetary and procedural recommendations to the
Board of County Commissioners.
The governing body of the Health Care Taxing District shall
act in concert with any other Health Care Taxing District, and
its Advisory Board similarly created, for the purposes of unified
contractual arrangements so required by and for each District.
The Advisory Board of each Health Care Taxing District shall
be composed of the following members who are residents of the
District:
1. A representative of the District's hospital, as selected
by the Board of County Commissioners upon recommendation
by the Board of Directors of that hospital;
2. A representative from the emergency medical services
system within the District, selected by the Board of
County Commissioners from a list containing one
recommendation by each system;
3. Three citizens of the County who are residents of the
District, including physicians, who have demonstrated an
interest in the health care needs of the citizens of
that district.
Section 6. POWERS AND DUTIES.
The governing body of each Health Care Taxing District shall
have the following powers and duties:
1. The governing body shall have all the powers and duties
of a municipal service taxing district as set forth in Chapter
125 of the Florida Statutes and as set forth in Chapter 2,
Article V of the Monroe County Code; however, referendum criteria
for capital expenditures over the $5,000 limit shall not apply,
nor shall the District have the power to levy ad valorem taxes
contrary to the limits set within this ordinance without
referendum to do so, as provided below.
2. The governing body may establish contractual
arrangements with health care facilities outside the borders of
Monroe County in concert with contractual arrangements requested
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by any other Health Care Taxing District Advisory Board similarly
established within Monroe County.
(a) Such contracts covering funds expended on behalf of any
patient from the District, in order to off-set costs
of transport or treatment if unassumable by the
patient, shall be restricted to those costs which are
non-collectible from the patient or any other source
after all other sources of collection have failed.
(b) Any such contracts shall be entered into with any
selected agency on behalf of and for any and all
Districts so requesting.
(c) Any such contracts shall be designed to lessen the
impact of expenditures from the District's funding to
include, by not be limited to:
(1) Transferability back to the District hospital for
continuation of treatment.
(2) Stop-Loss provisions, either by caps or
case-by-case conferences as to transferability to
other facilities wherein care can be undertaken
and financially provided for by means other than
the District fund, under which the patient is
eligible.
(3) Third party review of claims submitted.
(4) Case assessment to determine encumbrance of
funding.
3. Each District shall be permitted to make contractual
agreements with an appropriate hospital within the District upon
the request of the District Advisory Board, to then be known as
"the District Hospital" to provide the care enumerated herein, or
any other hospital within Monroe County, capable of providing
care desired by the District, upon request of the District
Advisory Board on the same basis as may be required with any
health care agency outside of Monroe County as provided for in
Subsection 2 above.
4. Subject to the provisions in subsection 5 of this
Section, the revenues generated in the District shall be only
utilized for:
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(a) Aid in assuring transport to accepting medical
institutions within and without Monroe County, if
required, by means of off-setting costs of such
transport if unassumable by the patient.
(b) Aid in assuring accessibility for trauma-related
injury patients to accepting medical institutions
outside of Monroe County or within Monroe County,
if required, by means of off-setting costs of such
hospital and physician treatment if unassumable by
the patient.
(c) Aid to the District Hospital in relieving reliance
upon medical institutions outside of Monroe County
by means of upgrading facilities and services,
upon request by the District Hospital to the
Advisory Board of the District.
5. For the purposes of the first year of utilization of
revenues generated by the District, the following percentages of
estimated revenue funds shall be budgeted for the purposes
prescribed:
(a)
(b)
(c)
Sixty-five percent (65%) as aid for off-setting
costs of such transport, hospital and physician
treatment, if unassumable by the patient, in
assuring transport and/or accessibility for
trauma-related injury patients at accepting
institutions outside of Monroe County or at the
District Hospital.
Fifteen percent (15%) as aid for off-setting costs
of pre-transport treatment, if unassumab1e by the
patient, to the District Hospital for
pre-transport hospital and physician care, if
necessary, prior to transfer to medical
institutions outside of Monroe County.
Twenty percent (20%) as aid by means of upgrading
facilities and staff services, to the District
Hospital in relieving reliance upon medical
institutions outside of Monroe County, upon
request by the District Hospital.
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6. Subsequent percentages and utilizations shall be
affirmed or modified by the Health Care Taxing District Board of
Governors as a part of Monroe County budgetary considerations for
any given year. However, paramount direction is given by this
ordinance to the priority of purposes enumerated.
7. The Governing Board of the District shall impose a tax
of one-half of one mill (.00050) on the assessed valuation of the
taxable real property in the District, each year, for a period of
time not to exceed five years, subject to a one-time referendum
within the District, prior to the imposition of such tax.
Extension of District taxing powers and levy after the
initial five year period shall require subsequent referendum,
provided that such referendum state specific utilization of such
further levy.
The Board may issue tax anticipation warrants or notes, to
be paid from the ad valorem taxes hereby authorized, in accord-
ance with general law and Section 6, Subsection 4, above, for the
purposes set forth herein.
8. The funds to be paid herein by the Board from ad valorem
revenues as authorized by this ordinance, and with funds
otherwise designed for the use of the District shall not be paid
for with other tax revenues generated by the County of Monroe or
the State of Florida.
9. All funds are to be paid upon receipt of a payment
voucher request that shall be verified by the Board of County
Commissioners as proper expenditures provided for herein.
Section 7. 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 8. REPEAL.
All ordinances or parts of ordinances in conflict with this
Ordinance are hereby repealed to the extent of said conflict.
Section 9. INCLUSION IN THE CODE.
The provisions of this ordinance shall be included and
incorporated into the Monroe County Code as an addition or
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amendment thereto and shall be appropriately renumbered to
conform with the uniform numbering system of the Code.
Section 10.
EFFECTIVE DATE.
This Ordinance shall take effect when a copy has been
accepted by the postal authorities of the Government of the
United States for special delivery by registered mail to the
Department of State, State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 19th day of January, A.D., 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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ByVL-~71 ~I b/
ay a~rman
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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ADOPTED:
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MAILED TO THE DEPARTMENT OF STATE: /- ~ '1- tV
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EFFECTIVE DATE:
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11lannp JL. kolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. (3051 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. 1305) 294-4641
January 27, 198~
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
REGISTERED MAIL
RETURN RECIEPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Emergency
Ordinance No. 006-1988 creating the Lower Keys Municipal
Service Taxing District for health care and facilities
enhancement thereof~ etc.
This Emergency Ordinance was adopted by the Monroe
County Board of County Commissioners at a Regular Meeting in
formal session on January 19, 1988.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk Qf;the Circuit Court
and ex officio Clerk to the
Board 0 County Commissioners.
By:
Rosalie L. 0
Deputy Clerk
cc: Municipal Code Corp.
Mayor E. Lytton
Commissioner W. Freeman
Commissioner J., Hernandez
Commissioner M~' Puto
Commissioner J. Stormont
County Attorney
County Administrator
Emergency Services Director
Finance Director ~
File f<. ~o-g( (0 ';),;;2S
•
•
Aisk
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1p SENDER: Complete items 1.2,3 and 4.
g Put your address in the"RETURN TO"space on the
3 reverse side. Failure to do this will prevent this card from
ati being returned to you.The return receipt fee will provide
you the name of the person delivered to and the date of
• delivery.For additional fees the following services ore
e available.Consult postmaster for fees and check boxes)
for service(s)requested.
1. ❑ Show to whom,date end address of delivery.
ovo 2. ❑ Restricted Delivery.
ui 3. Article Addressed to:
Mrs. Liz Cloud, Chief
Bureau of Admin Code and Laws
Department of State
The Capitol
Tallahassee, FL 32301
4. Type of Service: Article Number
)12 Registered 0 Insured R 308 710 225
❑ Certified.: ❑ COD
❑ Express Mail
Always obtain signature ofaddre agent\and
DATE DELIVERED. I
0 5. Signature—Addressee ' v. 1,
m ].1 ate_of Delivery
Z 8. Addressee's Address(ONLY if requested and fee plaid)
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FLORIDA DEPARTMENT OF Sf ATE
Jim Smith
See Wldl" of State
Dorothy w. Joyce
Division Director
February 1, 1988
Honorable Danny Ko1hage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connally, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letterjs of
and certified copy/ies of Monroe
County Ordinance{s) Emergency Ords. 88-6, 88-7, 88-8
and regular Ords. 88-~0, 88-10A, 88-11, and 88-12
2. Receipt of County Ordinance{s)
relative to:
January 27, 1988
(a)
which we have numbered
(b)
which we have numbered
3.
We have filed ~~/these ordinances in
January 29,
this office
on
1988 .
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Si ce,relY'A II _ ()
L1Z 1 ,~
Bureau of Administrative Code
LC /m b
DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301
(904) 488-7690
ACKNOWLEDGMENT
DATE:
February 8, 1988
TO:
Monroe County, Florida
(Supplement: No. 33)
Weare in receipt of the following material which will be con.
sidered for inclusion in the next Supplement to your Code:
Ordinance Nos.
006-1988, 007-1988, 008-1988
010-1988, 010A-1988
Thank you for your assistance and cooperation.
t,jd fM~
Robert L. Laslie
Vice President - Supplements
Municipal Code Corporation
PI