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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
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George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: P.4
Agenda Item Summary #4764
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292 -3470
10:30 A.M.
AGENDA ITEM WORDING: Report outlining options for creating a governing board or advisory
board for Middle Keys Health Care Municipal Service Taxing Unit; approval to advertise ordinance
implementing steps necessary for creation of board, with public hearing to be held at the January
2019 BOCC meeting.
ITEM BACKGROUND: In June 2018, the Board of County Commissioners approved Ordinance
No. 012 -2018 creating the Middle Keys Health Care Municipal Service Taxing Unit (MSTU), to
fund indigent health care at Fishermen's Hospital in Marathon.
At the September 2018 BOCC meeting, the Commissioners directed the County Attorney's Office to
look into and report back on options to create a board for the MSTU, with representation from the
two municipalities with taxpayers located within the MSTU. Subsequently, one Commissioner
inquired about the possibility of creating a board including non - elected representatives from the
County and the two cities (Marathon and Key Colony Beach) as well as potentially representation
from the hospital.
The attached memo outlines the possible courses of action to creation of a board. To summarize,
there are at least two possible avenues.
1. Dependent Special District: Using either the County's home rule powers or F. S. 125.01(5),
adopt an ordinance to create a dependent special district with a governing body in addition to the
MSTU. The ordinance would spell out the composition of the governing body. The special
district would be funded by the MSTU, and the BOCC would make the budget decisions each
year. However, the governing board would make policy decisions for the special district.
Depending on whether the dependent special district was created using the County's home rule
powers or F.S. 125.05(5), the governing body could be composed of elected officials or could
include non - elected officials. Either method requires one -time approval of the municipalities in
the special district, which may be in the form of an ordinance, resolution, or simple vote.
2. Advisory Board for the MSTU: In the alternative, the BOCC could adopt an ordinance
creating an advisory board for the MSTU. The advisory board could consist of elected officials
only, non - elected representatives, or a combination. The BOCC would remain the governing
body both for budgetary and all other policy decisions, acting with advice from the advisory
board.
Both the governing board of a Dependent Special District and the advisory board for the MSTU
would be subject to Florida Sunshine Law and Florida public records law. Creation of either will
require an adoption of an ordinance by the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
Memo Possible Fishermen's Board Rev
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
None
REVIEWED BY:
Cynthia Hall
Bob Shillinger
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
10/02/2018 4:53 PM
Completed
10/02/2018 5:08 PM
Completed
10/03/2018 8:10 AM
Skipped
10/02/2018 5:08 PM
Completed
10/03/2018 10:17 AM
Pending
10/17/2018 9:00 AM
MEMORANDUM
Office of the Monroe County Attorney
TO: Mayor Rice, County Commissioners, and Roman Gastesi, County Administrator
THROUGH: Bob Shillinger, County Attorney
FROM: Cynthia L. Hall, Assistant County Attorney
DATE: October 2, 2018
SUBJECT: Options for Creating a Board for Middle Keys Health Care Service MSTU
At the August 2, 2018 meeting of the Board of County Commissioners (BOCC), the
Commissioners directed this office to prepare a summary of possible options with respect to
appointment of a board for the Middle Keys Health Care Service Taxing Unit (MSTU). The
purpose of this memo is to outline for the BOCC the methods by which it could create a board
for the MSTU.
Options for Creating a Board for the MSTU
Option 1 a Dependent Special District'
The County could adopt an ordinance creating a dependent special district, using either the
County's home rule powers or F.S. 125.01(5). The membership, organization and authority of
the governing body would be spelled out in the ordinance.
A dependent special district has no independent taxing authority. Therefore, the special district
The dependent special district described here meets the definition in F.S. 189.012, which defines a dependent
special district to mean a special district that meets one of four criteria, one of which is a "district that has a budget
that requires approval through an affinnative vote or can be vetoed by the governing body of a single county or
single municipality."
2 F.S. 189.02 lists the eight (8) pieces of information that must be included in the ordinance creating the special
district:
(a) The purpose, powers, functions, and duties of the district.
(b) The geographic boundary limitations of the district.
(c) The authority of the district.
(d) An explanation of why the district is the best alternative.
(e) The membership, organization, compensation, and administrative duties of the governing body.
(f) The applicable financial disclosure, noticing, and reporting requirements.
(g) The 'methods for financing the district.
(h) A declaration that the creation of the district is consistent with the approved local goverm
comprehensive plans.
would continue to be funded by the MSTU. The BOCC would make the decision regarding
taxing and levying each year. However, the governing board of the Special District would make
the policy decisions for the special district.
By way of example, Monroe County currently has two dependent special districts: Monroe
County Land Authority, and Monroe County Industrial Development Authority.
The governing body of the Dependent Special District would be governed by Florida Sunshine
Law as well as Florida public records law. The ordinance creating the Special District could
establish the meeting schedule for the governing body. As with the Land Authority, the
governing body of the Dependent Special District could meet as a section of the BOCC agenda
If the MSTU is created using the authority in F.S. 125.05, the governing body is confined to
elected officials. F.S. 125.05(5)(b) provides that the governing body "shall" be composed of
county commissioners (an unspecified number) and "may include elected officials" from the
municipalities. The exact number of each must be spelled out in the ordinance.
If the MSTU is created using the County's home rule powers, the governing body could consist
elected officials, non - elected appointees, or a combination. Potentially this could include
representatives from Fishermen's/ Baptist, subject to further research to rule out a conflict of
interest.
Creation of a special district, either under the County's home rule powers or under F. S.
125.01(5), requires approval of the municipalities. Approval could be in any form, including a
simple vote, adoption of a resolution, or adoption of an ordinance. Any ordinance or resolution
adopted for this purpose would be in addition to the ordinance required by F.S. 125.01(1)(q),
indicating the municipality's consent to inclusion of its taxpayers in the MSTU.
Option k' 2: Advisory Board (under MSTU)
In the alternative, using its home rule powers, the County could adopt an ordinance setting up an
advisory board for the already- existing MSTU. The BOCC would continue to act as the
governing body for the MSTU, and would make both policy decisions and budget decisions for
the MSTU, but with input from the advisory board. As with the Dependent Special District, the
advisory board would be governed by Florida Sunshine Law and Florida public records law. The
advisory board could be composed of elected officials or non - elected officials, or a combination.
Subject to the question noted above regarding conflict of interest, the advisory board could
include representatives from Fishermen's Hospital.
3 F. S. 189.02(2) states: "A county is authorized to create dependent special districts within the boundary lines of
the county, subject to the approval of the governing board of the incorporated area affected." (Emphasis
added.)
4 This would be similar to the Upper Keys Health Care Taxing District ( "Trauma District' '), which was an MSTU.
The ordinance setting up the MSTU (Ordinance No. 008 -1988) provided that the governing board was the BOCC,
and set up an advisory board.
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