Item O1
3
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: O.1
Agenda Item Summary #2122
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Cynthia Hall (305) 292-3470
3:00 P.M. Public Hearing
AGENDA ITEM WORDING:
A public hearing to consider an ordinance abolishing the Upper
Keys Health Care Taxing District (Trauma District).
ITEM BACKGROUND:
municipal taxing service unit (MSTU), was created by the Board of County Commissioners via
adoption of Ordinance No. 008-1988 in January 1988. Ordinance No. 008-1988 also gave the
Trauma District the authority to levy taxes. By referendum on March 8, 1988, the registered voters
of the District authorized the creation of the District and collection ad valorem taxation for the
purposes of the District. The purpose of 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. The voters of the District subsequently approved the extension of the ad valorem
tax for an additional five years, by a referendum on September 1, 1992. The taxing authority of the
District expired in March 1997. The taxes collected by the District currently stand at approximately
$800,000.
Section 125.01(1)(q), F.S., grants to counties the authority to establish, and to abolish, MSTUs. As a
result of numerous factors, including but not limited to improvements in health care coverage laws
(among other things, mandating that all persons have health insurance), the Advisory Board of the
Trauma District believes that the Trauma District is no longer necessary. The Advisory Board has
recommended that the Trauma District be abolished. The Advisory Board will present a
recommendation to the BOCC on how the remaining funds should be distributed, prior to the public
Key Largo.
PREVIOUS RELEVANT BOCC ACTION:
January 19, 1988
: BOCC adopted Ordinance 008-1988, creating the Trauma District.
August 2, 1988
: BOCC adopted Ordinance No. 041-1988, revising the utilization of revenues by
percentage.
November 1, 1988
: BOCC adopted Ordinance No. 052-1988, revising the utilization of revenues by
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percentage.
May 15, 1991:
BOCC adopted Ordinance No. 007-1991, expanding the Advisory Board, clarifying
that unused funds would be carried over from year to year, and clarifying that the Advisory Board
would make recommendations to the BOCC on purchasing.
July 23, 1992:
BOCC adopted Ordinance No. 020-1992, expanding the Advisory Board, revising
the utilization of revenues by percentage, and setting the tax rate at one-quarter of one mill for a
period of five years.
November 12, 1997
: BOCC adopted Ordinance No. 050-1997, terminating the taxing authority of
the District in March 1997.
September 21, 2016 (P-6):
BOCC approved advertising/scheduled a public hearing to consider
approval of this proposed ordinance for the 12/14/16 BOCC meeting at 3:00 p.m. in Key Largo, FL
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
Ordinance Trauma District Dec. 2016 10.31.2016
Notice of Int to Consider Adoption of Co Ord abolishing Upper Keys Health Care Taxing District
Attorney memo, Upper Keys Health Care Taxing District-signed
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising Costs
Current Year Portion: N/A
Budgeted:
N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
N/A
County Match
: N/A
Insurance Required: No
Additional Details:
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REVIEWED BY:
Cynthia Hall Completed 10/31/2016 5:31 PM
Bob Shillinger Completed 11/02/2016 4:27 PM
Budget and Finance Completed 11/02/2016 4:30 PM
Kathy Peters Completed 11/03/2016 8:36 AM
Board of County Commissioners Pending 12/14/2016 9:00 AM
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ORDINANCE NO. _______-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
,
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,
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,
now stand at approximately $800,000; and
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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%
Layton* 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.
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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 5CONFLICT 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,
th
at a regular meeting of said Board held on the 14 day of December, 2016.
Mayor _______________________ ____
Mayor Pro Tem _________________ ____
Commissioner ___________________ ____
Commissioner ____________________ ____
Commissioner ___________________ ____
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By__________________________ By______________________________
Deputy Clerk Mayor/Chairperson
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERNDecember 14, 2016at
that on
3:00 P.M., or as soon thereafter as may be heard, in theMurray E. Nelson Government Center,
102050Overseas 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:
AN ORDINANCEOF MONROE COUNTY, FLORIDA,
ABOLISHING THE UPPER KEYS HEALTH CARE TAXING
DISTRICT;PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING ANEFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if aperson decidesto 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 CountyAdministrator'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”.
st
Dated at Key West, Florida, this 21day of September,2016.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL)and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Su)11/6/16
Keynoter(Wed)11/9/16
Reporter (Fr)11/11/16
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MEMORANDUM
Office of the Monroe County Attorney
TO: Mayor, County Commissioners
THROUGH: Bob Shillinger, County Attorney
',
FROM: Cynthia L. Hall, Assistant County Attorney
DATE: October 31, 2016
SUBJECT: Proposed Ordinance Abolishing Upper Keys Health Care Taxing District
(Trauma District)
Statutory Authority
Section 125.01(1)(q), F.S., grants to counties the authority to establish, and to abolish, municipal
service taxing units.
Trauma District: Background
axing service unit
(MSTU), was created by the Board of County Commissioners when it adopted Ordinance No.
008-1988 in January 1988. The same ordinance also gave the Trauma District the authority to
levy taxes. In a referendum held on March 8, 1988, the registered voters of the District
authorized the creation of the District and collection ad valorem taxation for the purposes of the
District. The purpose of 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.
The voters of the District subsequently approved the extension of the ad valorem tax foran
additional five years, by a referendum on September 1, 1992. The taxing authority of the District
expired in March 1997.
Trauma District Advisory Board Recommendation
As a result of numerous factors, including but not limited to improvements in health care
coverage laws (among other things, mandating that all persons have health insurance), the
Advisory Board of the Trauma District believes that the Trauma District is no longer necessary.
On or about September 9, 2016, the Advisory Board passed a motion recommending to the
BOCC that the Trauma District be abolished.
Fund Balance To Be Distributed
As of October 5, 2016, the balance of the fund holding the taxes stood at approximately $883K.
The ordinance proposed a method for distributing the fund balance to entities within the
geographic area covered by the Trauma District, provided those funds are used to pay for trauma
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equipment or apparatus in the geographic area in which the funds were collected, only. As stated
in the ordinance, each of the recipients must sign an affidavit certifying that the funds will only
be used for this purpose, and that the apparatus or equipment purchased with the funds will
remain within the geographic area for as long as the useful life of the equipment or apparatus.
Outstanding Agreements and Disposition of Office Equipment
Separate and apart from the foregoing: The County has identified three contracts currently in
force between the County and third parties (Baptist Hospital, Keys Hospital Foundation dba
Mariners Hospital, and University of Miami). Each of the contracts has a termination clause,
requiring the County to give notice of its intent to terminate the agreement. A resolution will be
placed on the November 2016 agenda, asking for authority to terminate those agreements. In
addition, the resolution will also ask for instructions to dispose of a small amount of office
equipment currently being used by County staff on behalf of the Trauma District.
This item is brought forward at the request of Commissioner Sylvia Murphy.
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