Item P064
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
September 21, 2016
Agenda Item Number: P.6
Agenda Item Summary #2051
BULK ITEM: DEPARTMENT:
Yes County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Cynthia Hall (305) 292-3470
N/A
AGENDA ITEM WORDING:
Approval to advertise 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.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval to advertise and schedule a public hearing for the
December 2016 BOCC meeting in Key Largo.
DOCUMENTATION:
Draft Ordinance Trauma District Dec. 2016 9.6.2016
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:
Advertising costs
REVIEWED BY:
Cynthia Hall Completed 08/31/2016 4:40 PM
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Bob Shillinger Completed 08/31/2016 6:03 PM
Budget and Finance Skipped 08/31/2016 1:25 PM
Maria Slavik Skipped 08/31/2016 1:25 PM
Kathy Peters Completed 08/31/2016 7:48 PM
Board of County Commissioners Pending 09/21/2016 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 ____________________, 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 dispersed to other entities within the geographic area covered
by the Trauma District provided those funds are used to pay for trauma-related emergency
medical service-related equipment and 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 dispersed
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 Key Largo Fire & EMS 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-related emergency medical equipment or apparatus, and that the equipment and
apparatus will be used in the geographic area in which the Trauma District funds were collected,
only, and that any goods 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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