Ordinance 031-2016ORDINANCE NO. 031 -2016
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
ABOLISHING THE UPPER KEYS HEALTH CARE
TAXING DISTRICT; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County ( "BOCC "),
Florida, is authorized by Article VIII of the Florida Constitution and Chapter 125, Florida
Statutes, to adopt ordinances not inconsistent with general law; and
WHEREAS, Section 125.01(1)(q), Florida Statutes, grants to counties the authority to
establish and abolish municipal service taxing units for the provision of numerous municipal
services; and
WHEREAS, the Upper Keys Health Care Taxing District ( "Trauma District ") was
created by the BOCC via Ordinance No. 008 -1988, as adopted by the BOCC in January 1988;
and
WHEREAS, the purpose for the Trauma District was to provide revenues to ensure
access to critical trauma care at appropriate trauma centers within time frames established by the
American College of Surgeons on Trauma, for residents within the geographical area covered by
the Trauma District; and
WHEREAS, Ordinance No. 008 -1988 stated that the BOCC was the governing board of
the Trauma District, and created an Advisory Board to make budgetary and procedural
recommendation to the BOCC; and
WHEREAS, Ordinance No. 008 -1988 conferred upon the Trauma District the authority
to levy taxes, and after two referenda, ad valorem taxes were collected from properties located
within the District; and
WHEREAS, in 1997, the BOCC adopted Ordinance No. 050 -1997, terminating the
taxing authority of the district; and
WHEREAS, the ad valorem taxes collected under the Trauma District's taxing authority
now stand at approximately $800,000; and
WHEREAS, on or about September 9, 2016, the Advisory Board of the Trauma District
passed a motion, recognizing that the Trauma District is no longer necessary in light of various
improvements in health care coverage laws, and recommending that the Trauma District should
be abolished and its funds disbursed to other entities within the geographic area covered by the
Trauma District provided those funds are used to pay for trauma or emergency medical service -
related equipment or apparatus in the geographic area in which the funds were collected, only.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe
County, Florida, as follows:
SECTION 1. Ordinance Nos. 008 -1988 creating the Upper Keys Health Care Taxing
District, and any other ordinances revising Ordinance No. 008 -1988, including but not limited to
Ordinance Nos. 041 -1988, 052 -1988, and 007 -1991, are hereby repealed, as are any other
ordinances inconsistent with this ordinance.
SECTION 2. The Advisory Board created by Ordinance No. 008 -1988, as amended
subsequently by other ordinances, is hereby dissolved.
SECTION 3. Any funds still held on account for the Trauma District shall be disbursed
by no later than January 15, 2017, to the following recipients, in the percentages listed:
Ocean Reef Public Safety, a department of Ocean Reef Community Assoc. 37.50%
Key Largo Fire & EMS District. 37.50%
The funds for the District must be allocated and used as follows:
- Of this amount, 31.25% must be given Key Largo Volunteer
Ambulance Corps.; and
- The remainder, or 6.25 %, must be given to Key Largo Volunteer Fire
Department, Inc.
Tavernier*
18.75%
6.25%
100.00%
*These funds will go to Monroe County, for the trauma related expenses in this geographic area.
Each of the recipients must sign an affidavit, certifying that the funds will be used only
for trauma or emergency medical service- related equipment or apparatus, and that the equipment
or apparatus will be used in the geographic area in which the Trauma District funds were
collected, only, and that any equipment or apparatus purchased with the funds will remain within
the geographic area for as long as the useful life of the equipment or apparatus.
For a breach or violation of this provision, Monroe County reserves the right to institute
any and all legal action to recoup the funds, including but not limited to an action for injunctive
relief.
SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with
the Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 14 day of December, 2016.
Mayor George
Neugent yes
Mayor Pro Tem
David Rice Yes
Commissioner
Danny Kolhage Yes
Commissioner
Heather Carruther Yes
Commissioner
Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
o/ 5d� By
Deputy Clerk Mayor /Chairperson
=' MONROE COUNTY AT ORNE`il
-- AP !44 AS O
° ` A L. HALL
C\1 ASSISTANT �PU TY ATTORNEY
Date
C::
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on December 14, 2016 at
3:00 P.M., or as soon
thereafter as may be heard, in
the Murray E. Nelson
Government Center, 102050
Overseas Highway, Mile
Marker 102, Key Largo,
Monroe County, Florida, the
Board of County
Commissioners of Monroe
County, Florida, intends to
consider the adoption of the
following County ordinance:
RECEIVED
r� STATE OF FLORIDA NOV 14 2016
ZEN COUNTY ATTORNEY Est. 1876 COUNTY OF MONROE
is, LLC
Before the undersigned authority personally appeared Paul Clarin, who on
oath says that he is Publisher of the Key West Citizen, a daily newspaper
-7 published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, being a legal notice in the matter of
-n1.�,1 �s1, up DPA ka,s �R4 k lco( 411�,st
AN ORDINANCE OF MONROE . ) m
COUNTY, FLORIDA,
ABOLISHING THE UPPER
KEYS HEALTH CARE TAXING
DISTRICT; PROVIDING FOR
THE REPEAL OF ALL
ORDINANCES
INCONSISTENT HEREWITH;
AND PROVIDING AN
EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is given
that if a person decides to
appeal any decision made by
the Board with respect to any
matter considered at such
hearings or meetings, he will
need a record of the
proceedings, and that, for such
purpose, he may need to
ensure that a verbatim record of
the proceedings is made, which
record includes the testimony
and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a
person with a disability who
needs special accommodations
in order to participate in this
proceeding, please contact the
County Administrator's Office,
by phoning (305) 292 -4441,
between the hours of 8:30 a.m.
- 5:00 p.m., no later than five (5)
calendar days prior to the
scheduled meeting; if you are
hearing or voice impaired, call
"711 ".
Dated at Key West, Florida, this
22nd day of September, 2016.
AMY HEAVILIN,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County
Commissioners of Monroe
County, Florida
November 6, 2016
Key West Citizen
was published in said newspaper in the issue(s) of
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second -class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding
the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
0l6
Signature of Affiant
Sworn and subscribed before me this day of Muey
Notary Public: '•:
])QA�
DAWN KAWZINSKY
MY COMMISSION N FF 444194
EXPIRES: January 4, 2020
Bonded Thru Notary Pubiic Underwriters
Dawn Kawzinsky
Expires: 1/4/2020 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
i L O R 1 0 A K E Y S
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared RICHARD TAMBORRINO who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice weekly
newspaper published in Marathon, in Monroe
County, Florida: that the attached copy of
advertisement was published in said
newspaper in the issues of: (date(s) of
publication)
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published at
Marathon, in said Monroe County, Florida, and
that the said newspaper has heretofore been
continuously published in said Monroe County,
Florida, twice each week (on Wednesday and
Saturday) and has been entered as a second
class mail matter at the post office in
Marathon, in Monroe County, Florida, for a
period of one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says that
he has neither paid nor promised any person,
firm, or corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for publication in
the said newspaper(s) and that The Florida
Keys Keynoter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal and _ Official Advertisements.
Richard Tamborrino, Publisher
Sworn to and subscribed before me this
Day of /// / ///� , 2016
Notary i
(SEAL)
ore^.`• "Yk; BEVERLY TRAEGER
MY COMMISSION f FF 108704
;';•'�: EXPIRES: April 18 2018
'•;c o°;�° Bonded Thr
u Notary Public Underwriters
Ad# 2773398
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on December 14,
2016 at 3:00 P.M., or as soon
thereafter as may be heard,
in the Murray E. Nelson
Government Center, 102050
Overseas Highway, Mile
Marker 102, Key Largo,
Monroe County, Florida, the
Board of County Commission-
ers of Monroe County, Florida,
intends to consider the adop-
tion of the following County
ordinance:
AN ORDINANCE OF MON-
ROE COUNTY, FLORIDA,
ABOLISHING THE UPPER
KEYS HEALTH CARE TAX-
ING DISTRICT; PROVIDING
FOR THE REPEAL OF ALL
ORDINANCES INCONSIS-
TENT HEREWITH; AND
PROVIDING AN EFFECTIVE
DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is giv-
en that if a person decides to
appeal any decision made by
the Board with respect to any
matter considered at such
hearings or meetings, he will
need a record of the proceed-
ings, and that, for such pur-
pose, he may need to ensure
that a verbatim record of the
proce edings is made, whic
record includes the testimony
and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you
are a person with a disability
who needs special accom-
modations in order to particle
pate in this proceeding,
please contact the County
Administrator's Office, by
phoning (305) 292 -4441,
between the hours of 8:30
a.m. - 5:00 p.m., no later than
five (5) calendar days prior
to the scheduled meeting;
if you are hearing or voice
impaired, call "711".
Dated at Key West, Florida,
this 22nd day of September,
2016.
(SEAL)
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
Published November 9, 2016
Florida Keys Keynoter
RECEIVED
NOV 17 2016
MONROE COUNTY ATTORNEY
THE REPORTER
Published Weekly
Tavernier, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared RICHARD TAMBORRINO who on
oath, says that he is PUBLISHER of THE
REPORTER, a weekly newspaper published in
Tavernier, in Monroe County, Florida: that the
attached copy of advertisement was published in
said nek spaper in the issues of: (date(s) of
publication)
Lzz
Affiant further says that the said THE
REPORTER is a newspaper published at
Tavernier, in said Monroe County, Florida, and
that the said newspaper has heretofore been
continuously published in said Monroe County,
Florida, each week (on Friday) and has been
entered as a second class mail matter at the
post office in Tavernier, in Monroe County,
Florida, for a period of one year next preceding
the first publication of the attached copy of
advertisement. The affiant further says that he
has neither paid nor promised any person, firm,
or corporation any discount, rebate, commission
or refund for the purpose of securing this
advertisement for publication in the said
newspaper(s) and that The THE REPORTER is
in full compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
AdvertisemWjs,
le
t l
Richard Tamborrino, Publisher
Sworn to and subscribed before me this
Day of ` J /G�/�� ,�iC/ ' 2016
A� � Ile"
Notary
(SEAL)
BEVERLY TRAEGER
P MY COMMISSION # FF 10870,4
''a S EXPIRES: April 18, 2018
oF;h°R' Bonded Thru Notary Public Underwriters
Ad# 2777405
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY COW
CERN that on December 14,
2016 at 3:00 P.M., or as soon
thereafter as may be heard,
in the Murray E. Nelson
Government Center, 102050
Overseas Highway, Mile
Marker 102, Key Largo,
Monroe County, Florida, the
Board of County Commission-
ers of Monroe County, Florida,
intends to consider the adop-
tion of the following County
ordinance:
AN ORDINANCE OF MON-
ROE COUNTY, FLORIDA,
ABOLISHING THE UPPER
KEYS HEALTH CARE TAX-
ING DISTRICT; PROVIDING
FOR THE REPEAL OF ALL
ORDINANCES INCONSIS-
TENT HEREWITH; AND
PROVIDING AN EFFECTIVE
DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is giv-
en that if a person decides to
appeal any decision made by
the Board with respect to any
matter considered at such
hearings or meetings, he will
need a record of the proceed-
ings, and that, for such pur-
pose, he may need to ensure
that a verbatim record of the
proceedings is made, which
record includes the testimony
and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you
are a person with a disability
who needs special accom-
modations in order to partici-
pate in this proceeding,
please contact the County
Administrator's Office, by
phoning (305) 292 -4441,
between the hours of 8:30
a.m. - 5:00 p.m., no later than
five (5) calendar days prior
to the scheduled meeting;
if you are hearing or voice
impaired, call "711".
Dated at Key West, Florida,
this 22nd day of September,
2016.
(SEAL)
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
Published November 11, 2016
The Reporter
RECEIVED
NOV 17 2016
MONROE COUNTY ATr0RNry
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No. 031 -2016 A public hearing to consider an
ordinance abolishing the Upper Keys Health Care Taxing District (Trauma District).
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on December 14, 2016. Please file for the record. Should you
have any questions please feel free to contact me at (305) 295 -3130.
Re ectfull s m'tted,
Amy Heaftilm, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Cheryl Robertson, D.C.
cc: County Attorney via e -mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e -mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 189 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
December 21, 2016
KEN DETZNER
Secretary of State
December 21, 2016
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 031 -2016, which was filed in this office on December
21, 2016.
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