Item O05C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
September 19, 2018
Agenda Item Number: 0.5
Agenda Item Summary #4673
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292 -3470
No
AGENDA ITEM WORDING: Report and update regarding the creation of Middle Keys Health
Care Municipal Service Taxing Unit, for the purpose of levying and collecting ad valorem taxes for
indigent health care costs at Fishermen's Community Hospital in Marathon, Florida.
ITEM BACKGROUND:
On July 18, 2018, the BOCC approved Ordinance No. 012 -2018, creating the Middle Keys Health
Care Municipal Service Taxing Unit (MSTU), as the first step to levying and collecting taxes
(beginning in November 2019) for payments to Fishermen's Hospital for delivery of hospital
services to patients who are unable to afford the full costs of such services, up to 0.5 mills on
properties in the designated geographic area (basically, from Mile Marker 40 to Mile Marker 65,
inclusive). The taxes will be collected for a maximum of 10 years. Collection of the taxes is
contingent on the occurrence of all of the following steps:
• Adoption by Monroe County of the ordinance;
• Adoption of ordinances by the governing bodies of Marathon and Key Colony Beach, the
two municipalities in the MSTU, consenting to inclusion of their taxpayers in the MSTU
(required by F. S. 125.01(1)(q));
• Approval of an agreement between the County and Fishermen's detailing the manner in
which the collected taxes will be paid (on a reimbursement basis, upon presentment to the
County of invoices showing indigent services rendered);
• Levy of the taxes by the Board of County Commissioners on an annual basis, as part of the
budget process.
PREVIOUS RELEVANT BOCC ACTION: Item D -11, 5 -16 -2018 BOCC meeting Discussion
and direction regarding possible County mechanisms for financing rebuilding of Fishermen's
Hospital following significant Hurricane Irma damage.
June 20, 2018 meeting: Item D -1, approved Resolution A, supporting creation of the MSTU with
funds to be used for indigent health care costs only.
July 18, 2018 meeting: Item P -4, approval of Ordinance No. 012 -2018, creating the MSTU.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
Ordinance 012 -2018
Calculation Ad Valorem Taxes MSTU 7.3.2018
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Cynthia Hall
Completed
08/30/2018 2:23 PM
Bob Shillinger
Completed
08/30/2018 2:43 PM
Budget and Finance
Completed
08/31/2018 12:15 PM
Maria Slavik
Completed
08/31/2018 12:52 PM
Kathy Peters
Completed
09/04/2018 11:48 AM
Board of County Commissioners Pending 09/19/2018 9:00 AM
GJ Z COURTS °
o:
Kevin Madok, CPA
.... Y1
Clerk of the Circuit Court & Comptroller — Monroe Count Florida
•R OE COUN
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
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plan tzltion KPv Florida 33070
305- Packet Pg. 2471
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
the Hospital facility suffered damage in Hurricane Irma; and
the 1960s era Hospital facility is in need of significant repairs, upgrades and
er to adequately s &rve the Middle Keys community; and
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
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)
5 1 CM
— Part of City of Marathon
(iii)
50KC
— City of Key Colony Beach
(iv)
500D —
Part of Unincorporated Duck Key
(v)
5 1 OD —
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. Severahililh 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 1 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 theaviday 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
BY:
Mayor David Rice
'A, CLERK
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MONRQE COUNTY ATTORNEY
t . AP OVF-D AS,TQ/FOFtM:
YNTHIAL. HALL
ASSIST NT COUNTY ATTORNEY
Date 4 - 2 - _ a0 [
114951208.8
5
Deputy Clerk
E 1� "�?�rEST
.E,N
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
legals @keysnews.com
MONROE COUNTY BD OF COMMISSIO RECEIVED
PO BOX 1026 JUL 0
KEY WEST FL 33041 -1026 3 2018
MONROE COUNTY ATTORNEY
Account: 138472 Ticket: 240587
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
NOTICE OF INTENTION TO CONSIDER
COUNTY OF MONROE
ADOPTION OF COUNTY ORDINANCE
consider the adoption of the following
NOTICE IS HEREBY GIVEN TO WHOM R
Before the undersigned authority personally appeared
MAY CONCERN that on July 18, 2018 at
3:00 P.M., or as soon thereafter as may
be heard, in the Marathon Govern-
ment Center, 2798 Overseas Highway,
/Y[ , who on oath says that he or she is Marathon, Monroe County, Florida,
the Board of County Commissioners
V
of Monroe County, Florida, intends to
ilk /d
of the Key West Citizen, a daily news-
consider the adoption of the following
County ordinance:
paper published in key Wa6t,
in Monroe County, Florida; that the attached copy
a l notice in the matter of Middle K Health Care
of advertisment, being 9 Y
CO ORDINANCE ' SI THE BOARD OF
COUNTY COMMISSIONERS OF MON-
MSTU Was published In said newspaper in the Issues Of:
ROE COUNTY CREATING SECTION 22-
128 OF THE CODE OF ORDINANCES OF
MONROE COUNTY, FLORIDA; CREAT-
Wednesday, June 27 2018
ING THE MIDDLE KEYS HEALTH CARE
MUNICIPAL SERVICE TAXING UNIT;
MAKING FINDINGS OF FACT; DEFIN-
ING THE BOUNDARIES OF THE TAXING
Affiant further says that the Key West Citizen is a newspaper published in Key
UNIT; PROVIDING FOR THE PURPOSE
THEREOF; DESIGNATING THE GOVERN -
West, in said Monroe County Florida and that the said newspapers has hereto-
ING BODY THEREOF AND ITS POWERS
fore been continuously published in said Monroe County, Florida every day, and
AND DUTIES; PROVIDING. AUTHORITY
has been entered as eriodicals matter at the post office in K West, in said
P Y
FOR THE LEVY OF AD VALOREM TAX -
ES WITHIN THE TAXING UNIT; SETTING
Monroe County, Florida, for a period of 1 year next preceding the first publication
FORTH PERMITTED USES OF AD VALOR -
ofthe atta hed co dvert' nt; and affiant further sa s that he or she has
PY Y
EM TAX REVENUES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE
neither aid or y p SO n, firm or corporation any discount, rebate
REPEAL OF ALL ORDINANCES INCON-
sISTENT HEREWITH; PROVIDING FOR
g�
commis io or ro th urpose of securing this advertisement for publics-
INCLUSION IN THE MONROE COUNTY
tion in t e aid n
CODE; AND PROVIDING FOR AN EFFEC-
_
TIVE DATE.
Pursuant to Section 286.0105, Florida
igob ffI t Statutes, notice is given that if a person
decides to appeal any decision made by
the Board with respect to any matter
Affirm d nd subscribed before me this 27th day of June 2018 considered at such hearings or meet-
ings, he will need a record of the pro -
/'_ ? 1/ ceedings, and that, for such purpose,
he may need to ensure that a verba-
®®\ Op tim record of . the proceedings is made,
(Notary Public Signature) ®� ®� RQ U SF A ® � which record includes the testimony
and evidence upon which the appeal is
du_q& XyklSt ° C11 l�tJ° `® Q \QTA,� to be based.
Note Seal �- ADA ASSISTANCE: If ou are a person
(Notary Public Printed Name) (V (Not ) y
°, m ®with a disability who needs special
h
: :MY COMM. Expires � accommodations in order to partici-
My commission expires 'J / �/ p spate in this proceeding, please contact
�U ly 17, 2018 ° :the County Administrators Office, by
No. FF 143137 0 phoning (305) 292 -4441, between the
® :° ®hours of 8:30 a.m. - 5:00 p.m., no later
Personally Known X Produced Identification CPS °. p Q- o than five (5) calendar days prior to the
UB L \C;,� ° Q ®o scheduled meeting; if you are hearing
�® T(� • ta or voice impaired, call "711 ".
Type of Identification Produced p° ® C r � ® ® ®
r � ®® Dated at Key West, Florida, this 20th
®® ®sasses ® ®® day ofJune,2018.
KEVIN MADOK, Clerk of the Circuit
Court and ex officio Clerk of the Board
of County Commissioners of Monroe
County, Florida
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM Il
MAY CONCERN that on July 18; 2018 at
.0' P A., or as soon'thereafter as ma}
be heard, in the Marathon Govern
ment Center, 2798 Overseas ighway
Marathon, -Monroe Coun , Florida
the Board of Countyty C missioner
of Monroe County, 11 a; intends ti
consider the adoption the following
I County ordinance:
AN OR NANCE THE BOARD O
COUNTY "COMM STONERS OF MON
'ROE COU TY EATING SECTION 22
..128 of TH C E OF ORDINANCES 0
I MONROE NTY, FLORIDA; , CREA1
ING THE WIDDLE KEYS HEALTH CAR
MUNICIPAL SERVICE TAXING UNr
MAKING FINDINGS OF FACT, DEFIN
ING THE BOUNDARIES OF THE TAXIN
UNIT; PROVIDING 'FOR THE PURPOS
THEREOF; DESIGNATING THE GOVERN
ING BODY THEREOF AND ITS POWER
AND DUTIES; PROVIDING AUTHORIT
FOR THE LEVY OF AD VALOREM TA)
ES WITHIN THE TAXING UNIT; SETTIN
FORTH PERMITTED USES OF AD VALOI
EM TAX REVENUES; PROVIDING FO
SEVERABILITY, PROVIDING FOR TH
REPEAL OF ALL ORDINANCES • INCOP
SISTENT HEREWITH; PROVIDING FO
INCLUSION IN THE MONROE COUNT
CODE; AND PROVIDING FOR AN EFFE,
TIVE DATE.
Pursuant to Section 286.0105, Floric
Statutes, notice is given that if a persc
decides to appeal any decision made I
the Board with respect to any matt
considered at such hearings or mee
ings, he will need a record of the pr
ceedings, and that, for such purpos
he may need to ensure that a verb
ti m record of the proceedings is mad
which record includes the testimoi
and evidence upon which the appeal
Ito be based.
',ADA ASSISTANCE: If you are a persi
with a disability,wh'o needs spec
accommodations in 'order to parti
pate in this proceeding, please conte
the County Administrator's Office,
phoning (305) 2924441, between t
hours of 8:30 a.m. - 5:00 p.m., no lal
than five (5) calendar days prior to t
scheduled meeting, if you are head
or voice impaired, call. "711 ".
Dated at Key West, Florida, this 2C
day'of June, 2018.
KEVIN MADOK, Clerk of the Circ
Court and ex officio the Bot
i'of•.County Commissioners of Monr
County, Fflorida
06/27/18 Kev West Citizen
r
0627/18 Kev West Citizen
TD #
Location
50CM
Marathon with no Little Venice
51CM
Little Venice WW Service Area
50KC
Key Colony Beach
500D
Duck Key
520D
Hawk's Cay
510D
Conch Key
Total
Taxable Value
$2,220,671,558
$223,123,129
$715,845,290
$309,447,306
$194,953,912
$39,935,765
$3,703,976,960
Annual tax
$1,110,335.78
$111,561.56
$357,922.65
$154,723.65
$97,476.96
$ 19,967.88
$1,851,988.48