Item M06
BOARD OF COUNTY COMMISSIONERS
AGENDA TTF.M Sl~ARY
TIME REQUESTED
Ie o..~u.,'3IVL ~Q
/.'.,3Dprn (T'an. /q
Meeting Date: Jan 19-20. 2000
Division:
ROCC
Bulk Item: Yes
No X
Department: DiRtri~t S
AGENDA ITEM WORDING: Approval of a resolution of the BOCC recognizing the
need to split the budget of the Monroe County Sheriff for Fiscal Year 2000-
2001 to provide separate millages for the cost of services that benefit only
unincorporated Monroe County residents from the cost of services that provide
a benefit countywide; authorizing staff to take all steps necessary to create
a funding mechanism (MSTU, MSBU, MSTD) or to utilize existing districts to
reflect the millage split; and providing an effective date.
ITEM BACKGROUND: Key West and Islamorada have repeatedly petitioned the
BOCC to split Sheriff's millage between the cost of services that benefit
only unincorporated Monroe County from the cost of services that provide
a benefit countywide. SEE ATTACHED BACKUP MATERIAL.
PREVIOUS RELEVANT BOCC ACTION: BOCC voted on July 21, 1999 not to expand
the authorized uses of the countywide MSTU district to include law
enforcement. On June 10, 1999, the BOCC passed a motion asking the Sheriff
to separate the law enforcement portion of his budget between those services
that are countywide in nature from those services that are considered
unincorporated area municipal policing.
STAFF RECOMMENDATION:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
YEAR
APPROVED BY: County Attorney
x
OMB/Purchasing
Risk Mgt.
DIVISION DIRECTOR APPROVAL:
~ Kf1r ~ IcLA
(Si nature)
MARY KAY REICH. CommiRsion~r
DOCUMENTATION: Included
X
To follow:
Not required:
DISPOSITION:
Agenda Item #
iIJ
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, RECOGNIZING THE NEED TO SPLIT
THE BUDGET OF THE MONROE COUNTY SHERIFF FOR FISCAL
YEAR 2000-2001 TO PROVIDE SEPARATE MILLAGES FOR THE COST
OF SERVICES THAT BENEFIT ONLY UNINCORPORATED MONROE
COUNTY RESIDENTS FROM THE COST OF SERVICES THAT PROVIDE
A BENEFIT COUNTYWIDE; AUTHORIZING STAFF TO TAKE ALL STEPS
NECESSARY TO CREATE A FUNDING MECHANISM (MSTU, MSBU,
MSTD) OR TO UTILIZE EXISTING DISTRICTS TO REFLECT THE
MILLAGE SPLIT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Monroe County Sheriff's Office ( the "MCSO" ) is funded through ad
valorem taxes collected countywide through the Monroe County Fine and Forfeiture
Fund; and
WHEREAS, the Sheriff provides services that fall within the categories of law
enforcement, corrections and court services; and
WHEREAS, while corrections and court services provide a benefit countywide, a
portion of the "law enforcement" related services provide a benefit only to
unincorporated areas of the county; and
WHEREAS, the cities of Key West and Islamorada, Village of Islands petitioned the
BOCC to create a funding mechanism that would separate the cost of those law
enforcement services that provide a benefit solely to the residents of unincorporated
Monroe County ( unincorporated area municipal policing) from those services that
provide a benefit countywide; and
WHEREAS, in response to a motion of the Board of County Commissioners on June
10, 1999, asking the Sheriff to separate the law enforcement portion of his budget.
between those services that are countywide in nature from those services that are
considered unincorporated area municipal policing the MCSO determined that 25%
of the MCSO law enforcement category budget for the current fiscal year would be
utilized for unincorporated area municipal policing; and
WHEREAS, the proposed Monroe County Fiscal Year 1999-2000 budget created a
fund ( fund 149 ) for ~njncorporated area municipal policing; and
WHEREAS, the Board of County Commissioners on July, 21, 1999, voted not to
expand-the authorized-uses of the-existing-countywide MSTU district to include law
enforcement, and therefore not implement the splitting of the MeSO budget between
those services that are c0untywide in natl:.lre from those services that are considered
unincorporated area municipal policing; and
WHEREAS, other mechanisms exist to implement the splitting of the MCSO budget
between.those services that.are countywide in nature from those services.that are
considered unincorporated area municipal policing;
Now therefore. it is hereCy.,Te9OIved by the Board Of County Commissioners d
Monroe Courtty, Florida:
Section 1, That starting w;th Fiscal Year :?ooo..2001 f the Board of County
Commissioners will recognize a separation Of the MeSO bUOget for -Law
Enforcemenr services. SUCh lhat a minimum of 25% of the budget WiU be
retJected in a separate millage category for unincorporated area municipal
policing.
SecnOn 2. Th8r the Board of County Commissioners shall 8ldler utJJlze an
ex;sting'fondrfg m~fTf;"On:tAte-a l'M!Wln~d'1antslf'rmra01hor1zed"by
Florida Statut_ to use as a vehicle to fund the cost of providing law
enforeeinem senifCii ihat are considered "unincorporatea 'area :muniCipal- '
policing. It
SeetitJo 3.. That me county staff and county attorney are directed to take an
necessary steps to timely create any funding mechanfsms ( taxing district,
benefit unit, speefaf.cfistrict ) necessary to 'utffize for the collection d these funds
for Fiscal Year 2000-2001 and to mget any applicable statutory deadlInes.
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s~o ~ -That for future budgetary forecasting by the munictpaRtles located
within the county as well as the MesO's bUdget. the county attorney is directed
to present an interlocal_ agreement to the muniCipalities that tefJects .thec;:ounty's
direction to take the action for Fiscal Year -2000-2001. ": -: .
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Passed end Adopted by the Board Of County Commisioners
of Monroe County. Florida. at a meeting of said. _ .
Board tle1dof the _ - day of .. 2000.
Mayor Wilhelmina Harvey
Commissioner Shirley Freeman I
Comm;S$ioner George Neugent
: COmmissioner Mary Kay Reich
'. Commissioner .Nora Williams -
J___ .t
.-
( SEAl.)
Attest: I?~nny L f(O'hage~ qr~ _
By
Clerk
-"'--- -
BOard or Co~ eoinmlssloners
. of. Monroe. County. .f.1Orida
. .6y
. MayO,lChairman
TOTAl.. P. B3
. DAn
Exhibits for the;
Resolution recognizing the need to split the budget of the Monroe County Sheriff for
Fiscal Year 2000-2001 to provide separate millages for the cost of services that benefit
only the unincorporated area of Monroe county from the cost of services that provide a
benefit countywide:
Exhibit A. Resolution from Key West to the Board of County Commissioners
( SOCC ). ·
Exhibit B. Resolution from Islamorada, Village of Islands to the SOCC.
Exhibit C. Minutes of June 10, 1999 vote by SOCC directing Sheriff to split his
budget.
Exhibit D. Proposed Fiscal Year 2000 Monroe County Budget pages; xiii, xvi, 21,
50, 84, and 99.
Exhibit E. Minutes of July 21, 1999 vote by SOCC not to expand authorized uses of
the countywide MSTU district.
Exhibit F. Monroe County Code Article V, Section 2-235 to 248, in particular
Sec. 2-235 and 2-243; describing already existing municipal
service taxing or benefit districts that contain law enforcement as an
authorized use.
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FKAA
ID:305-296-3348
JAN 22'99
15:39 No.014 P.Ol
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~ / 61A RB80LUTI::S::V:::N ::~r 0:::8810. OF TK2
~O' ~ CIT~ OJ' KEY WEST I FLORIDA, URGING HONaO~
(. COtDl'lY TO ADOPT A l'ULL C08T ALLOC.&.'tXON
~y APP.~CH TO DBTBRMIMING COS~ or SERVICES AND
f;, ~>>PAOPRI~TB KILLAGB rea THE SKBaIFP'S
{ DZPARTKINT AND otH~ DE~~TKEHT8 IN RBLATION
'l'n MONRO!: coU1r'tr' 8 WnCIPALIT-IU: PJlOVIDING
.OP. U BJ'J'.e'flVB D"'1'1
6..)(\'\i b,4-
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WHEREAS, lor ~AvRrftl years, the city of ~ey Wast and o~her
~uniolpAlitiQQ loc~~Arl in Monroe county have expre&s~cl their
conco.rn to th. (':nllnt.y a.bout the issue of dou~le taxation with
~~~poct to the Sh~~iffIR Op-partrnent1 and
WHEREAS, tha Vlll~9Q of lcl~moy^da ~nd th~ City of Key Weet
havo Qnqa~Qd in noqotiationc w1~h MnnrnR county in order lu avoid
litigation; and
~ow, THEREFOR~, B~ IT RESOLVED BY THE CITY cnMNT~~TON OF ~HF.
CITY oP KEY WEST, FLORIDA, AS FOLLOWS:
3.c_ct:l. on 1:
Th~t Monroe County i~ hereby ur9QQ to adopt a
full ~o~t allocation ~ppronoh to d~torminin9 ooot of corvio.c ~nd
appropriGte millaqe for th~ Chcritftp Oop~rtmont and othe~
u~artrnent8 thro~9h th~ General Fund in rclQ~ion to Monroo CQuney'c
munlcl1JdllLi~~.
',1
Snctlull ~;__
'I'h&t Monroe county is hereby etrongly urged 'to
resolvo It~ duu~l~ tAxation probl~m no l^t~p than the flsoal yco~
1999-2000 budget.
FKAA
ID: 305-29b-jjlHS
JHN LL"'::l'::l
1~;4V Np.V!4 ~.V~
~ y h l~ ):t. A
section ~~
That this Resolution liihall go into effect
immediately upon it~ passage and adoption and authentioation by the
signatu~e of the presiding of!icer and the Clerk or the Commission.
Passed ~nd adopted by tha c,ty commission at a meeting held
t:.his __" 20th
Bay of
.TJlfIIIAr.y
I 1999.
Authenticated ~y the presiding officer and cler)c of the
COM"d 815 ion on _..
~_, 1999.
Filad with the Clgrk
, 19S19.
""
SHEILA K. MULLINS, MhYOn
ATTEST:
JOOE~UINE rAnKEn, C~T~ CLERk
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RESOLUTION NO. 99-Q3-09
A RESOLUTION OF ISLAMORADA, VILLAGE OF
ISLANDS, FLORIDA, PETffiONING MONROE COUNTY,
FLORIDA, TO DEVELOP AN APPROPRIATE
l\1ECHANISM FOR FISCAL YEAR 1999-2000, TO
FINANCE LAW ENFORCEMENT SERVICES RENDERED
SPECIALLY FOR THE BENEFIT OF THE PROPERTY OR
RESIDENTS OF UNINCORPORATED AREAS AND
FINANCED FROM COUNTYWIDE REVENUES OR TO
REWT TO ISLAMORADA, VILLAGE OF ISLANDS,
FLORIDA THE IDENTIFIED COST OF LA W
ENFORCEMENT SERVICES PAID FROM REVENUES
REQUIRED TO BE EXPENDED ON A COUNTYWIDE
BASIS, AS SPECIFICALLY SET FORTH IN SECTION
125.01(6) (a), FLORIDA STATUTES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Article VIn, Section 1(h) of the Florida Constitution, prohibits the
taxation of property within a municipality for those services rendered by a county exclusively
for the benefit of the property or residents in unincorporated areas; and
WHEREAS, Section 125.01(7), Florida Statutes, prohibits county governments from
expending county revenues, except those derived specifically from or on behalf of a municipal
service taxing unit, special district, unincorporated area, service area, or program area, to fund
any service or project provided by the county when norea1 benefit accrues to the property or
residents within a municipality or municipalities; and
WHEREAS, Section 125.01(6)(a), Florida Statutes, authorizes the governing body of a
municipality to petition the board of county commissioners to develop an appropriate
mechanism to finance services or programs rendered specially for the benefit of the property or
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residents in. unincorporated areas and fInanced from countywide revenues or to remit to the
municipality, the identified cost of service paid from revenues required to be expended on a
countywide basis that was expended on services or programs rendered specially for the benefit
of the property or residents in unincorporated areas.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE
COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS:
Section 1. Pursuant to Section 125.01(6)(a), Florida Statutes, the Village Council
requests the Board of County Commissioners of Monroe County, Florida (the "County") to
identify those law enforcement programs or services provided by the Monroe County Sheriff
that specifically benefit property or residents in unincorporated Monroe County and are
fmanced from countywide revenues.
Section 2. Pursuant to Section 125.01(6)(a), Florida Statutes, the Village Council
petitions the County to develop an appropriate mechanism for fIScal year 1999-2000, to finance
law enforcement services or programs rendered specially for the benefit of the property or
residents in unincorporated areas that are currently ftnanced from countywide revenues or to
remit the identified cost of law enforcement services paid from revenues required to be
expended on a countywide basis to the Village within six months of the adoption of the County
budget in the proportion specifIed in Section 125.01(6)(a), Florida Statutes, or by any other
method prescribed by law.
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Section 3.
Pursuant to Section 125.01(6)(b), Florida Statutes, the Village Council
requests the County to respond to this petition within 90 days as required by law.
Section 4.
This Resolution shall take effect immediately upon adoption hereof.
PASSED AND ADOPTEC> on this 2.i day of March, 1999.
/
A TrEST:
APPROVED AS TO FORM AND
LEGA SUFFICIENCY:
..
43600l\resolutions\law enforcement financing
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99/220
MINUTES
OF THE MONROE COUNTY _
BOARD OF COUNTY COMKISSIONERS
Regular Meeting
Board of County Commissioners
.Thursday. June 10. 1999
Marathon, Florida
, :'.
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9:00 A.M., on the above date, at the
Marathon Government Center. Present and answering to roll call
were Commissioner Shirley Freeman, Commissioner George Neugent,
Commissioner Mary Kay Reich, Commissioner Nora Williams and Mayor
Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk;
Isabel C. DeSantis, Deputy Clerk; James T. Hendrick, County
Attorney; James Roberts, County Administrator; County Staff,
members of the press and radio; and the general public. >
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
There were no Additions, Corrections or Deletions to
the Agenda.
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PARKS AND RECREATION ADVISORY BOARD
Attorney Tom Wright, representing the park4 and
Recreation Advisory Board addressed the Board concerning a
request that the Board consider an offer by Pepsi Cola
Corporation to provide electronic scoreboards for, Key Largo
Community Park and Harry Harris Park in exchange for the
exclusive mark.eting of "Pepsi" soft drink produc'ts. Motion was
made by Mayor Harvey and seconded by Commissioner Williams
directing staff to- begin the competitive bid process based on the
offer from the Pepsi Cola Corporation. After further
discussion, the maker of the motion accepted an amendment that
advertisement be for a pure water product. Roll call vote was
unanimous.
Mr. Wright addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner Williams to
accept the recommendation from the Parks and Recreation Advisory
Board for Staff to prepare a cost analysis for the installation
of a boardwalk at Coco Plum Beach. .Motion carried unanimously.
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an agenda item is called). This would allow members of the
public to speak on a item ev~n if they do not have time to be
called. After Board discussion, motion was made by Commissioner
Freeman and seconded by Commissioner Neugent granting approval of
the item. Roll call vote was taken with the following results:
Commissidner Freeman
Commissioner Neugent
Commissioner Reich
Commissioner Williams
Mayor Harvey
Yes
No
Yes
No
No
Motion failed.
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Commissioner Freeman discussed her appointments to the
Affordable Housing Task Force. Commissioner Freeman appointed
Danise "Dee Dee" Henriquez and Ginna Thomas Drake. Motion was *-
made by Commissioner Freeman and seconded by Commissioner Neugent
to approve two (2) at-large members: Mike Proimos of Key West and
Barbara Kneel of Lower Matecumbe. Roll call vote was unanimous.
Mr. Robert~ discussed Board direction concerning the goals of the, I,"
committee.
Commissioner Neugent and Mr. Hendrick discussed
Personal Watercraft zones of inclusion. The Board took no
official action.
Commissioner Williams discussed with the Board a Water
Quality Lab in Monroe County. Motion was made by Commissioner
Williams and seconded by Commissioner Neugent to adopt the
following Resolution requesting a water quality lab here in the
Keys at the state's expense. Roll call vote was unanimous.
RESOLUTION NO. 265-1999
See Res. Book No. 142 which iS1incorporated herein by reference.
MONROE COUNTY SHERIFF'S DEPARTMENT
Mr. Roberts and John Carter, Senior Director - Office
of Management & Budget discussed with the Board options for the
possible sharing of capital costs for the detention facility on
stock Island, the collection and distribution of the
infrastructure sales tax, and other discussions of the Sheriff's
budget and millage as determined by the County Commission.
Sheriff Richard D. Roth and Councilman Ron Levy representing
Islamorada, Village of Islands addressed the Board. IMotion was
made by Commissioner Williams and seconded by Commissioner
Neugent to breakout municipal pOlicing along the lines as
recommended by the Sheriff. After consideration, the motion was
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99/227
withdrawn. Mr. Roberts, Mr. Hendrick and Mr. Kolhage addressed
the Board. After further di~cussion, motion was made by
Commissioner Williams and seconded by Commissioner Reich
requesting the Sheriff to segregate in the '99-2000 budget the
cost of municipal policing, and directing the County Attorney to
prepare and advertise an emergency Ordinance to expand the
purposes of the unincorporated taxing district to include local
law enforcement. Roll call vote was taken with the fOlloWing
results:
Commissioner Freeman No
Commissioner Neugent Yes
Commissioner Reich Yes
Commissioner Williams Yes
Mayor Harvey No
Motion carried.
COUNTY ADMINISTRATOR
.
Mr. Roberts discussed with the Board confirmation of
the Administrator's appointment of Peter Horton to the position
of Director of Airports. Betty Vail addressed the Board. The
Clerk read letters from Thea Ramsey and Dick Rudell. Motion was
made by Mayor Harvey and seconded by Commissioner Freeman
granting approval of the appointment. Roll call vote was taken
with the following results:
Commissioner Freeman
Commissioner Neugent
Commissioner Reich
Commissioner Williams
Mayor Harvey
Yes
Yes
No
Yes
Yes
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Motion carried.
COUNTY ADMINISTRATOR
Human Resources Director Sheila Barker and Mr. Roberts
discussed with the Board approval of a merit program for
employees under the Board of County Commissioners. Sally Ferland
addressed the Board. Motion was made by Commissioner Reich and
seconded by Mayor Harvey to adopt the merit program. Roll call
vote was unanimous.
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COMMISSIONERS' ITEMS
Commissioner Williams discussed her item concerning a
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,of allocation. ,These are districts which will now reimburse the -
'general fund for indirect costs as dete~ed by,an outside consultant.
2. Be'cause of the Board's decision, $403,941 has been placed into the
general fund for the purpose of fmancing the Interlocal Agreements
with the School Board. Previously, funds for this purpose were
included within the Unincorporated Parks & Beaches fund. However,
there are schools as part of this program that are in the incorporated
areas and it would not be possible to fund those projects from the
unincorporated district taxes.
3. The Board of County Commissioners determined the policy to provide )/:.
for a split in law enforcement costs. Based on numbers provided by
the Sheriff , an amount of $4,250,932 for municipal level law
enforcement has been reduced from fund 101 and placed into a new
municipal policinl! district 149. This has the effect of lowering
taxation in the incorporated areas and increasing it over $4 million in
the unincorporated areas. IT WILL BE NECESSARY FOR THE
BOARD OF COUNTY COl\1l\fiSSIONERS TO PASS AN
ORDINANCE TO I.l\1PLEl\1ENT THIS POLICY.
4. In reference to other appropriations changes, the major areas have
already been discussed. There is a little over an additional $400,000
in the general fund for increases. This constitutes half of the 2.1 %
increase in nearly a $40 million general fund with the other one half
coming from the School Board interlocal funding. In the law
enforcement fund (101), there is a $2.2 million increase which
represents a major portion of the Sheriff's proposed increase for the
year. Actual appropriations are down significantly in Fire District 1
(141) even though the millage will be going up. The same is true in the
Growth Management Municipal Service Taxing District (148).
Unincorporated Parks & Beaches increase in other appropriations
also reflects the need for additional personnel to handle the new Key
Largo Park and the forthcoming Marathon Park.
.5. Total tax impacts clearly show that the general fund (001) and the
Law ~nforcement-Fine and Forfeiture fund (101) are significantly
reduced in taxation. However, the new municipal police fund (149)
shows a major increase in taxation for the unincorporated districts.
The same is true of Fire District 1 (141), Fire District 6 (146), Parks &
Beaches (147), and the Planning MSTD (148).
TABLE #2 puts these dollar changes into a millage format. It shows what the dollar
impacts from TABLE #1 would be for each of the districts and the general fund. In summary,
, combining the two tables, the following is the case.
XVII
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The, overall proposed ,total budget figure for the ~ear of 5244,677,371 is only i 1.!%.~
increase, (S3,266,~II)over the adopted IlScal year 1999 budget of $241,410,960. These figures
are the result of various increases and decreases, requirements for increased reserves and
cash balances, and "double counting," ~hich is a side effect of a fund budgeting system. The
following is a listing of proposed appropriations for the coming year. It should be noted that
some of these figures will change during the budget discussions and adoption.
~ 1.
FUND 101- LAW ENFORCEl\fENT, JAIL, JUDICIAL
This fund shows a decrease of $2,183,201 (5.10/0). However, this is a result of the ~
policy to split the law enforcement millage between County-wide and municipal
services. This fund covers the County-wide services. Municipal policinf! services
are in fund 149 which shows a new $4. 250.932 budt!et.
2. FUND 102 - ROADS
This budget reflects the funds allocated from gas taxes for road and bridge
work. The reduction of $2,080,545 (13.70/0) is a reflection of changes in fund
balance as well as loss of revenue from the incorporation of the Village of
Islamorada and the conservative approach to the potential incorporations of
Marathon, Key Largo or both.
3. FUND 141- FIRE AND Al\ffiULANCE DISTRIcr ONE
This fund shows a decrease in appropriations of $121,283. This is notable even
though there has been a cost allocation figure attached to the fund of $764,000.
The difference is in the discontinuation of service to the Village of Islamorada
and other eliminations of positions (10 total)., Of course the County will also be
losing the revenue from the Village as a result of the purchase of the service this
year. The overall impact can be seen in this report in discussion of major issues
and millages.
4. FUND 146 - FIRE AND AMBULANCE DISTRIcr SIX
This fund shows a $145,571 increase (18.1%), primarily as the result of
$125,000.in cost allocation and the desire to begin a purchasing program for
capital equipment.
5. FUND 147 - UNINCORPORATED PARKS & BEACHES
This fund has increased $708,984 (48.70/0). Over half of this amount is the
result of cost allocation with the balance the necessity of additional staff to
provide maintenance to the two new major park facilities under development,
as discussed previously.
6. FUND 148 - MUNICIPAL SERVICE TAXING DISTRICT
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.: Appropriation' Summary by Fund
Fund rropowd 00 INC/(DEq 0/0 OWlCe Adopted 99 Actual 98 Adopted 98
.' 001 GENERAL FUND 39,986,864 822,179 2.1% 39,164,685 29,626,011 38.264,451
002 SUPP TO GEN FUND - LIBRARY 2,220,624 843 0.0% 2,219,781 2,009,602 2,008,653
100 AFFORDABLE HOUSING PROGRAMS (F 108,778 6,180 6.0% 102,598 97,695 150,000
II; 101 lAW ENFORCEMENT. JAIl. JUDICIAL 40,564,515 (2,183,201) -5.1% 42,747,716 35,534,876 41,097,674
102 ROADS 13,070,475 (2,080,545) -13.7% 15,151,020 5,107,696 15,035,335
103 lAW LIBRARY 78,225 759 1.0% 77,466 76,437 76,633
.1 115 TOC DISTRICT 1lWO PENNY :t,452,748 542,000 18.6% 2,910,748 1,837,654 2,814,040
116 TOC lWO PENNY GENERIC 5,363,707 (303,482) -5.4% 5,667,189 4,034,281 5,572.818
117 TOC DlSTRICT1ll1IRD PENNY 3,353,732 329,936 10.9% 3,023,796 1,535,299 2,955,293
118 TOC DISTRICT 21l11RD CENT 298,631 (33,661) .10.1% 332,292 148,696 298,959
.! 119 TOC DISTRICT 31l11RD CENT 593,227 (30,624) -4.9% 623,851 370,645 &44,030
120 TDC DISTRICT 41l11RD CENT 841,327 127,700 17.9% 713,627 408,300 633,492
121 TOC DISTRICT 51l11RD CENT 841,012 (37.422) -4.3% 878,434 455,124 925,793
Ii 125 GOVERNMENTAL FUND TYPE GRANT 617,265 (282,735) -31.4% 900,000 1,246,385 600,000
130 IMPACT FEES FUND - ROADWAY 7,322.782 1,667,284 29.5% 5,655,498 58,034 6,803,186
131 IMPACT FEES FUND - PARKS 642,750 58,246 10.0% 584,504 12,971 688,375
. 132 IMPACT FEES FUND - UBRARY 217,400 (189,000) -46.5% 406,400 200,503 200,400
133 IMPACT FEES FUND - SOUD WASTE 179,034 13,032 7.9% 166,002 177 117,100
134 IMPACT FEES FUND - POUCE 585,543 129,683 28.4% 455,860 15,942 661,750
. 135 IMPACT FEES FUND - FIRE FACIUTlES 191,220 38,738 25.4% 152,482 210 111,695
141 FIRE & AMBUlANCE DISTRICT 1 6,627,641 (121,283) -1.8% 6,748,924 4,717,302 6,491,487
142 TRANSlATOR 0 (40,000) -100.0% 40,000 0 0
Iliz, 144 UPPER KEYS TRAUMA CARE DISTRICT 2,695,000 (100,000) -3.6% 2,795,000 324,213 3,300,000
I 10C6 FIRE & AMBUlANCE DISTRICT 6 950,433 145,571 18.1% 804,862 501,784 729,335
I /147 UNINCORPORATED PARKS & BEACHE 2,163,925 708,984 48,7% 1,454,941 1,066,614 1,374,109
-..-,' 148 MSTD - PLNGlBLDGlCODElFIRE MAR 9,375,043 1,063,385 12.8% 8,311,658 6,354,403 8,244,834 -~
II)J ''''' MUNICIPAL PCUCING 4,250,932 4,250,932 nJa 0 0 0
I 150 911 ENHANCEMENT FUND 541,974 (312,858) -36.6% 854,832 284,279 767.545
.. 152.. DUCK KEY SPECIAL ~ECI)BITY DISTRI 'H U3,650 0 0.0% 113,650 58,280 114,600
II 153 LOCAL HOUSING ASSISTANCE TRUST 1,335,680 555,364 71.2% 780,316 274,880 715,538
154 CUDJOE GARDENS MUNICIPAL SVC CU 0 (162,120) -100.0% 162,120 5,904 195,000
155 JOllY ROGER MUNICIPAL SVC CULVE 0 (49,612) -100.0% 49,612 5,132 75,000
156 WINSTON WATERWAYS MUNICIPAL SV 0 (40,000) -100.0% 40,000 65,207 69,700
i 157 BOATING IMPROVEMENT FUND 503,900 0 0.0% 503,900 142,576 0
158 MISC SPECIAL REVENUE FUND 432,473 432,473 nJa 0 0 0
159 FLORIDA KEYS MARINE-MARATHON 180,000 180,000 nJa 0 0 0
II 202 1993 REFUNDING IMPROVEMENT BON 0 (626,337) -100.0% 626,337 210,017 551,337
203 1993 REFUNDING IMPROVEMENT BON 1,040,750 0 0.0% 1,040,750 664,587 1,100,250
205 1991 SALES TAX REVENUE BONDS 4,810,600 (95,400) -1.9% 4,906,000 4,503,176 5,100,000
200 CLERKS REV NOTE, DEBT 247,000 145,000 142.2% 102,000 7,221 0
II 304 ONE CENT INFRA-STRUCTURE SALES 29,467,157 (2,484,091 ) -7.8% 31,951,248 8,994,641 22.760,525
305 1991 SALES TAX REVENUE BONDS - CA 1,270,000 70,000 5.8% 1,200,000 0 1,200,000
306 CLERKS REV NOTE, CAPITAL 0 (162,000) -100.0% 162,000 351,237 0
II 401 CARD SOUND BRIDGE 5,050,000 (100,000) -1.9% 5,150,000 585,970 5,150,000
403 MARATHON AIRPORT - 0 & M 1,268,350 (128,250) -9.2% 1,396,600 622,292 1,322,600
404 KEY WEST AIRPORT - 0 & M 4,714,750 (428,000) -8.3% 5,142,750 2,504,845 4,549,000
II <414 SOLID WASTE MANAGEMENTIMSD 21,360,328 678,501 3.3% 20,681,827 15,666,054 20,477,288
<415 ENVIRONMENTAL MANAGEMENT - DEB 3,315,000 (40,000) -1.2% 3,355,000 874,835 3,630,000 '
501 WORKER'S COMPENSATION 3,697,797 547,687 17.4% 3,150,110 1,736,243 2,838,116
502 GROUP INSURANCE 13,052,921 468,958 3.7% 12,583,963 8,481,157 11,671,006
II 503 RISK MANAGEMENT 2,896,705 176,570 6.5% 2,720,135 1,367,400 2,602,091
~'CENTRALSERVlCES 2,341,603 137,027 6.2% 2,204,576 2,319,992 2,418,085
600 lAW ENFORCEMENT TRUST FUND 1,900 0 0.0% 1,900 606,511 1,900
II 602 COURT FACILITIES FEES TRUST FUND 427,250 0 0.0% 427,250 0 427,250
603 CLERK'S DRUG ABUSE TRUST FUND 14,750 0 0,0% 14.750 0 5,900
Tn!,,' .,~.( (:,77171 37r;r;411 1,'(',(, ?41,,( 10.960 146,On.2RR 177.,(68,173
It ~,,~~~~-\ D :/
I- Revenue Summary by Fund
Pl'Opoud 00 INC/(DEC) -;. OlAltCe Adopted 99 Actual 98 Adopted 98
I 001 GENERAL FUND 39,986,864 822,179 2.1% 39,164,685 32.850,131 38,264,451
002 SUPP TO GEN FUND - LIBRARY 2,220,624 843 0.0% 2,219,781 2.027,060 2.008,653
100 AFFORDABLE HOUSING PROGRA 108,n8 6,180 6.0% 102,598 24,687 150,000
101 u..W ENFORCEMENT, JAIL, JUDIC 40,564,515 (2.183,201) -5.1% 42.747,716 36,220,114 41,097,674
I 102 ROADS 13,070,475 (2.080,545) -13.7% 15,151,020 5,851,992 15,035,335
103 u..W LIBRARY 78,225 759 1.0% n,486 65,256 76,633
115 TOC DISTRICT 1 TWO PENNY 3,452.748 542.000 18.6% 2.910,748 2.328,166 2.81<4,040
I 116 TOC TWO PENNY GENERIC 5,363,707 (303,482) -5.<4% 5,667,189 <4,740,867 5,572,818
117 TOC DISTRICT 1 THIRD PENNY 3,353,732 329,936 10.9% 3,023,796 1,957,117 2.955.293
118 TOe DISTRICT 2 THIRD CENT 298,631 (33,661) -10,1% 332,292 187,736 296,959
119 TOe DISTRICT 3 THIRD CENT 593,227 (30,624) -4.9% 623,851 413,186 625,518
I 120 TOC DISTRICT 4 THIRD CENT 841,327 127,700 17.9% 713,627 460,688 618,649
121 TOC DISTRICT 5 THIRD CENT 841,012 (37,422) -4.3% 878,434 575,732 859.148
125 GOVERNMENTAL FUND TYPE GR 617,265 (282,735) -31.<4% 900,000 550,198 600,000
I 130 IMPACT FEES FUND - ROADWAY 7,322,782 1,667,284 29.5% 5,655,498 727,474 6,803,186
131 IMPACT FEES FUND - PARKS 642.750 58,246 10.0% 584,504 204,167 688,375
132 IMPACT FEES FUND-LIBRARY 217,400 (189,000) -46.5% 406,400 123,250 206,400
I 133 IMPACT FEES FUND - SOUD WAS 179,034 13,032 7.9% 166,002 36,772 117,100
134 IMPACT FEES FUND - POLICE 585,543 129,683 28.<4% 455,860 115,609 661,750
135 IMPACT FEES FUND - FIRE FACIU 191,220 38.738 25.<4% 152,482 47,032 111,695
1<41 FIRE & AMBUu..NCE DISTRICT 1 .2.,627,641 (121,283) -1.8% 5.748.924 <4,962,205 . 6,49~ ,487
I 142 TRANSLATOR 0 (40,000) -100.0% 40,000 5,430 0
144 UPPER KEYS TRAUMA CARE DIS 2.695,000 (100,000) -3.6% 2.795,000 229,472 3,300,000
146 FIRE & AMBULANCE DISTRICT 6 950,433 145,571 18.1% 804,862 539,986 729,335
I,. 1<fT UNINCORPORATED PARKS & BEA 2.163,925 708,984 48.7% 1,454,941 1,348,604 1,374,109
148 MSTD - PLNGlBLDGlCODElFIRE M 9,375,043 1,063,385 12.8% 8,311,658 7,346,146 8.244,834 Y.
'---- ~ 149 MUNICIPAL POLICING 4,250,932 4,250,932 nIa 0 0 0
150 911 ENHANCEMENT FUND 541,974 (312,858) -36.6% 854,832 355,266 767,545
I 152 DUCK KEY SPECIAL SECURITY 01 113,650 0 0.0% 113,650 73,941 114,600
153 LOCAL HOUSING ASSISTANCE T 1,335,680 555,364 71.2% 780,316 644,474 715,538
154 CUDJOE GARDENS MUNICIPAL S 0 (162,120) -100.0% 162,120 11,087 195,000
I 155 JOllY ROGER MUNICIPAL SVC C 0 (49,612) -100.0% 49,612 4,336 75,000
156 WINSTON WATERWAYS MUNICIP 0 (40,000) -100.0% 40,000 32.599 89,700
157 BOATING IMPROVEMENT FUND 503,900 0 0.0% 503,900 589,332 0
158 MISC SPECIAL REVENUE FUND 432,473 432.473 nla 0 0 0
I 159 FLORIDA KEYS MARINE-MARA TH 180,000 180,000 nla 0 0 0
202 1993 REFUNDING IMPROVEMENT 0 (626,337) -100.0% 626,337 245,900 551,337
203 1993 REFUNDING IMPROVEMENT 1,040,750 0 0.0% 1,040,750 699,149 1,100,250
I 205 1991 SALES TAX REVENUE BOND 4,810,600 (95,400) -1.9% 4,906,000 4,914,126 5,100,000
206 CLERK'S REV NOTE. DEBT 247,000 145,000 142.2% 102,000 16,115 0
304 ONE CENT INFRA-STRUCTURE S 29,467,157 (2,484,091 ) -7.8% 31,951,248 15,036,181 22,760,525
305 1991 SALES TAX REVENUE BOND 1,270,000 70,000 5.8% 1,200,000 41,210 1,200,000
I 306 CLERK'S REV NOTE, CAPITAL 0 (162,000) -100.0% 162,000 565,317 0
401 CARD SOUND BRIDGE 5,050,000 (100,000) -1.9% 5,150,000 1,303,507 5,150,000
403 MARATHON AIRPORT - 0 & M 1,268,350 (128,250) -9.2% 1,396,600 1,499,011 1,322,600
I 404 KEY WEST AIRPORT - 0 & M 4,714,750 (428,000) -8.3% 5,142,750 2.441,524 4,549,000
414 SOUD WASTE MANAGEMENT/MS 21,360,326 678,501 3.3% 20,681,627 15,465,226 2O,4n,268
415 E~RONMENTALMANAGEMENT 3,315,000 (40,000) -1.2% 3,355,000 1,051,106 3,630,000
501 WORKER'S COMPENSATION 3,697,797 547,687 17.4% 3,150,110 2,371,968 2,838,116
I 502 GROUP INSURANCE 13,052,921 468,958 3.7% 12,583,963 9,315,117 11,671,006
503 RISK MANAGEMENT 2.896,705 176,570 6.5% 2,720,135 1,3n,046 2,602,091
504 CENTRAL SERVICES 2.341,603 137,027 6.2% 2,204,576 2,548,070 2,418,085
I 600 u..W ENFORCEMENT TRUST FUN 1,900 0 0.0% 1,900 577,889 1,900
~ 602 COURT FACILITIES FEES TRUST 427,250 0 0.0% 427,250 63,627 427.250
603 CLERK'S DRUG ABUSE TRUST FU 14,750 0 0,0% 14,750 6,339 5,900
Total 2,u,&T7,371 3,2&&,411 1.4% 241.410,960 1&6,1B3,539 221.46B,173
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I Appropriations by Fund, OfcIlDiv, Cost Center
Proposed 00 INC/(DEC) -;. Ouutce Adopted 99 Actualll8 Atlopteclll8
I OfcllDlv: PUBUC WORKS
23509 VEHICLE. REPLACEMENT 148 57,506 41,885 268.1 % 15,621 0 0
I Subtotal PUBUC WORKS : 57,506 41,885 268,1 % 15,621 0 0
OfcllDlv: GROWTH MGMT
I 50001 GROWTH MGMT ADMIN 407,197 (23,172) -5,4% 430,369 488,948 528.242
50500 PLANNING DEPARTMENT 1,501,935 22,144 1.5% 1,479,791 1,414,915 1,<474,175
51000 2010 COMP PLAN 650,000 (50,000) -7.1% 700,000 89,737 900,000
I 51500 PLANNING COMMISSION 44,603 (4,603) -9,4% 49,206 43,162 59,233
52000 ENVIRONMENTAL RESOURCES 421,491 14,745 3.6% 406,746 445,455 418,617
52500 BUILDING DEPARTMENT 1,623,398 (107,995) -6.2% 1,731,393 1,540,757 1,550,202
I 53000 MARINE RESOURCES 174,863 (12,211) -6.5% 187,074 146,312 149,204
53500 ROGO IMPLEMENTATION 20,000 0 0.0% 20,000 0 500
54500 PLANNINGlBUILDING REFUNDS 18,000 (12,000) -40.0% 30,000 23,505 30,000
I ~ CODE ENFORCEMENT 1,093,169 (48,139) -4.2% 1,141,308 824,608 1,036,189
Subtotal GROWTH MGMT : 5,954,656 (221,231 ) -3,6% 6,175,887 5,017,399 6,146,362
I -, ~cllDlv: COUNTY ATTORNEY
.37502 COUNTY ATTORNEY GROWTH 69,788 (194) -0.3% 69,982 0 85,288
I Subtotal COUNTY ATTORNEY: 69,788 (194) -0.3% 69,982 0 85,288
OfcllDlv: TAX COLLECTOR
69004 TAXCOLLECTOR-148 220,000 - 35,000 18.9% 185,000 0 0
I 76004 COMMISSIONS & FEES 148 0 0 nJa 0 262,098 200,000
Subtotal TAX COLLECTOR: 220,000 35,000 18.9% 185,000 262,098 200,000
I OfcllDlv: PROPERTY APPRAISER
69204 PROPERTY APPRAISER -148 135,000 0 0.0% 135,000 0 0
Subtotal PROPERTY APPRAISER: 135,000 0 0.0% 135,000 0 0
I )i- Subtotal Fund 148 : 9,375,043 1,063,385 12.8% 8,311,658 6,354,403 8,244,834
Fund: 14t - MUNICIPAL POUCING
I OfcllDlv: B.O.C.C.
~ RESERVES149 300,000 300,000 nJa 0 0 0
Subtotal B.O.C,C, : 300,000 300,000 nJa 0 0 0
I OfcllDlv: SHERIFF'S BUDGET
04319 SHERIFF'S INSURANCE 545,490 545,490 nla 0 0 0
I 68608 SHERIFF'S MUNICIPAL BUDGET 3,405,442 3,405,442 nJa 0 0 0
Subtotal SHERIFF'S BUDGET: 3,950,932 3,950,932 nJa 0 0 0
I ~ Subtotal Fund 149 : 4,250,932 4,250,932 nliI. 0 0 0
I' 99
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Revenue Detail by Fund
FlUId: 149 - MUNICIPAL POLICING
,Proposed 00 INC/(DEC) .1. C11ante Adopted 99 Actual 98 Adopted 98
TAXES
311100 AD VALOREM TAXES 4,474,665 4,474,665 n1a 0 0 0
Total TAXES: 4An,66!i 4A74,665 nJa 0 0 0
OTHER SOURCES
389001 LESS 5% FL STATUTe -223,733 (223,733) n1a 0 0 0
Total OTHER SOURCES: -223,733 (223,733) nJa 0 0 0
Total Fund 149 : 4,250,932 4,250,932 nJa 0 0 0
. '.1~1.~' ';,..I,.'J ' \"... 1..~Jl:~~fll~"J'I-......'~.."; ..~ :'.I:'I."j"''-l).;l.'IL'~;ljJ. '.1'.\...:. ,":~',L..._, .J.' ..,: ..'_,
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50
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-from ~-:J I-gq I
<b Dee.. fY1 in lTT e.s
99/255
. being required.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an
Ordinance rev1s1ng the 'Library Advisory Board Section 10-40,
Monroe County Code, in order to amend the residency requirements
for membership; Providing for severability; Providing for the
repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinances; and
providing an effective date. The was no public input. Acting
Community Services Director Jim Malloch addressed the Board.
Motion was made by Commissioner Freeman and seconded by
Commissioner Williams to adopt the following Ordinance. Roll
call vote was unanimous.
ORDINANCE NO. 029-1999
See Ord. Book No. 52 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance amending Chapter 2, Article XIII, Section 2-388, Monroe
County Code, in order to add Law Enforcement as a District
purpose for the Municipal Service Taxing District encompassing
the Unincorporated area of Monroe County; Providing for
severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective
date. The Board accepted public input with the fOllowing
individuals addressing the Board: George Geisler, representing
ISlamorada, Village of Islands; Ron Levy, representing
Islamorada, Village of Islands; Key West City Manager, Julio
Avaelj and Sheriff Richard D. Roth. Motion was made by
Commissioner Freeman and seconded by Commissioner Neugent to not
adopt the Ordinance. Roll call vote was taken with the following
results:
Commissioner Freeman Yes
Commissioner Neugent Yes
Commissioner Reich No
Commissioner Williams No
Mayor Harvey Yes
Motion carried. '
A Public Hearing was held concerning adoption of an
Ordinance amending Section 9.5-3, Monroe County COde, to
eliminate scrivener's errors, by clarifying that "Realtor"
includes a Real Estate Broker ,I Sales Person or Agent; Amending
Section 22(J) of Ordinance NO.1 004-1997, and by clarifying the
, . .. . ,
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ADMINISTRATION
9 2-235
Sec. 2-224. Disbursal of funds for Senior Community Ser-
vice Project.
The de~k of'th~ c6u~ts of Monroe County, Florida, is authorized
to disburse funds from any appropriate and lawful account to pay
the cost of transportation, rental of meeting rooms and noontime
meals in conjunction with the Senior Community Service Project
quarterly enrollee's meetings for as, long as such meetings are
required by the National Council on the Aging.
(Ord;: No; 13-1987-, ~..1)
Secs~ 2-225-2-234. ReserVed~
.
"
..~. .: :. '~:... 'l. -,,_~.. ..'( \. .f' .',' " ...., :)::. . .' ~.~ ',: ~._t .' .
ARTICLE.V:MiJNIdIPAL~'SERVlCE'TAXING OR
, ',., ~,'- 'BENEFIT~DtS~ICTS* ;: "
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DIVISION 1. GENERALLYt
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, Se~.; 2-2'35~ Incorpor;).~ion;' p,?~d~ies.. ' ' ,
, . . .' '.. . .' '.'.. j,;. ~.J:, ~. ~ . . .' "'.
Upon this artidle beco,ming ; law: . all of:.~the unincorporated
lands in th~county shall becoD}~}~.ndpe,:~~<?i-porate~ into twelve
(12) municipal service taxing or benefit units, as authorized by
Florida St~tutes chapter 125, as;amEmded by chapter 75-63, Laws
of Florida, for the purpose of providing municipal services as
hereinafter'described within,the'territoriallimits of each district
financed from ad valorem taxes' . levied and 'user fees collected
within each district only, each of which shall be a public corpora-
tion to 'be known as and having the folloWing territorial bound-
. aries:
I
'-
(la) Stock Island Municipal Service District: Located between
Cow Key' Channel east to Boca\Chica Channel.
(lb) Big Coppitt Municipal Service District: Located between
Boca Chica Channel east to Shark ChanneL
(Ic) Sugarloaf Municipal Service District: Located between
Shark Channel east to Kemp Channel.
.Cross reference-Television translator taxing district, 9 13-26 et seq.
tNote-See the editor's note to div. 2 of this article.
<=- .." ~
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~ 2-235
MONROE COUNTY CODE
IJ
(1d) Big Pine Municipal S~rvice District: Located betwe~n Kemp
Chan~el and the Seven Mile Bridge.
(2) District 2: Little Duck Key north to Banana Boulevard,
Va~halla Beach and the City of Key Colony Beach, Florida.
, ,
(3) District 3: From Banana Boulevard, Valhalla Beach north
'to Long Key Bridge.
(4) District 4: From the Long Key Bridge north to Snake
Creek. ,',',
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(4a) Long Key Municipal Service District: Located from Long
Key Bridge north up to ,Craig Key, ~~cl~ding the, City of
,Layton, Florida.
, (4b) IslaT71:.or~da Muij,if.ipal Service.District:,Loca.t,e? from and
.', including Craiit'.Key,~orth>to'Snake Creek.! ~ :: -",
. .~.. ~ '_f' J i i . .~'. .'::,..,' . ..... . . .. L
(S>'District 5: From Snake Creek north to'South Bay Harbor
, Drive and Lobster Lane. '
(6) District 6/ Th~t ;~~~ of Key Largo from South Bay Harbor
Drive and Lobster Lane; to the southern ;boundary of the
intetsection','of 'tliel;t-lght-6f-~ay' County': roacls'90S"and
"";90SA, plus'Cross :Key. ;', ,,",
~.~.: .... ." ~'" ...'. .... :,-....~..... '. ,"~_ l.",! ' ."",. . , .
, , . (?rDis't.rtCt '7: That ~arlof Key 'Largo' north of the boUndary of
,; ':," 'District 6. ..,': '
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(8) District 8: All o~er properties situated in the unincorpo-
.rated areas of Monroe County, FIOJjda, not included within
any of the above delineated seven (7) districts, including in
said District ,8 ,all of those properties situated on the
mainland of the State of Florida between,:pade and Collier
Counties, and including all keys not connected to U.S. 1.
" (O~d. No. 5-1977, 's 1;,Ord. No. 14-1977, S 3; Ord. No. 12-1978, S
f; Ord. No. 7-1979, f1; 9rd. No. 11-1979, S 1; Ord. No. 4-1981, ~
1; Ord. No. 50-1987; S 2; Ord. No. 44-1988, ~ 1; Ord. No. 35-1996,
S 1)
Sec. 2-236. Each district to be separate political entity.
Each district shall be a separate and distinct political entity
from,the board ,of county commissioners and all revenues of each
district established hereunder shall be separate and distinct from
C::",.", N,... hl
128
)
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ADMINISTRATION
~ 2-238
'the general revenues of the county, and shall be'separate and
distinct from each other municipal service and/or benefit district
: and, each district's revenues shall be carried 'as a supplement to
the county general'revenue funds and-- the end of the year
" surpluses of each district's revenues, if any, shall be carried over
in that districtis'budget from fiscal year'tofiscal year.
(Ord. No. 5-1977, ~ 2)
r)
'--...,
Sec. 2-237. Interlocal agreements with municipalities.
At any time after this article becomes law, any or all of the
incorporated municipalities in the county may by adoption of an
ordinance setting forth their agreement to become a member of a
district, elect to participate in one of the taxing and/or benefit
'units created hereby. Thereafter said ~unicipality and lands
,located therein shall be subject to the provisions of this article,
and said municipality shall be entitled to,voting membership in
said district, and said municipality shall by resolution directed.to
,the board of county commissioners appo.int two,(2) of its commis-
sion members to situpon"said board.
(Ord. No. '5-1977, ~ 3; Ord. No. 12-1978, ~,2L '
I
Sec. 2-238. Governing body.
(a) The governing body of each n~wly created district, herein-
after termed "the district" or "such 'district," shall be known and
designated as the board of county commissioners, but may consist
of city commissioners in the case of adoption of municipal
ordinance electing membership in a district, in which case the
governi.ng board shall consist of three (3),~couIity commissioners
and two (2) city commissioners, the members to be named by the
respective boards by resolution. Such board, constituted under
the ordinance, shall have all the power of a body corporate,
including the power to contract, interlocally, under the provisions
of chapter ,163, Florida Statutes, or otherwise, and to be con-
tracted with in behalf of each district; to sue and to be sued; to
adopt and use a common seal and to alter the same at pleasure;
to acquire, to purchase, hold, lease and convey such real estate
and personal property, including equipment, as such board may
deem proper or expedient to carry out the purposes of this article;
to employ such experts, agencies and employees as such board
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~ 2-238
MONROE COUNTY CODE
()
may require or deem advisable; to borrow money and to issue
negotiable promissory notes, certificates of indebt~driess as here-
inafter provided;. arid ,.to generally exercise the ,powers of a. public
authority organized and existing for the purpose of providing fire
protection, ambulance' service, street lighting, ,parks arid recre-
ation within the territorial limits, of each 4istrict. '
(b) The board shall at all times consist of no less than five (5)
members,no less than three (3) of whom shall be county commis-
,
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ADMINISTRA nON
~ 2-241
sioners and no more than two (2) of whom shall be city com.
missioners. 'The members of the board shall serve until,their
respective ter'ms as county or city commissioners shall expire or
,;until such time:as their successors are appointed. Its'halI be an
essential qualification that the membership of the" board be county
and/or city' commissioners. : '. . ' ," " ',' ;" ',,",
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(c) As soon as practiCable, after .this article becomes a law, the
board of each newiy created distdct: shall meet and organize by
the election from their board, a chairman and a vice-chair.man.
The clerk of the circuit court of the Sixteenth Juaicial Circuit of
the State, of Florida, as ex officio,clerk of the board of county
co'~niissioners, shal(be the ex offici~ ~lerk~' auditor, re.corder of
" the':mi'n:'utes and acco~Iits"arid:~~~fuaik~:;6r ~~ch,district'sfunds.
Three ('3) ~emberS 'of 'the 'b()~W~shalf"~oI).~tit,u~' '-a qu()rum. A
majority:',of~qtioI-um shall J)~; ~~,ce~a.lj- tfor' 'the::tranC3actJon of
business: Tli~ ~~ah'man'sl;i"al(~bte<'a~,': ~ll;~e~ting~ or'said board.
. ;....; . ~~._~.~, .I~\~:- ,;... ';..1.:...: 1,~1..1 ....:.~:~;!.:..:.~.; ,,' .~".. :," ...J-";~'
(d) Theboardishall-not receive:coinpensation for their service
upon such board. "",,,: f:"'-', ',':.,: ,. <
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" (e) Thego~e:rnirtg:b6ay' 'of th~:;sJv~~~j .~p'~c~alt'~ingdistricts
shall have the right to establish rates ofu~er':fees' bf'resolution.
(Ord. No. 5-1977, ~~ 4-7; Ord. No. 12-1978, ~~ 3, 4; Ord. No.
50-1987,,~ 3; Ord. No. t.4-1~88;-!fi ,2h,
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'Sec. 2-239. Auditing of bookS.
The books of each district created under this article shall be
audited by the same officers a~~ :in ;li~e manner as the books of
county officers.(Ord.,No~ 5-19'17, ~ 8)
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Sec. 2-240. Power to ,purchase, hold property.
The board shall have the power and authority to hold, control
and acquire, by right of purchase, forthe use of each district. any
real or personal property and to pay the purchase price in in-
stallments or deferred payments. (Ord. No. 5-1977, ~ 8)
(
See. 2-241. Authority to borrow.
The board is hereby authorized and empowered, in order
to carry out the purpose of this article, to borrow money anc
issue certificates of indebtedness therefor upon such tenn~
Supp. No. 33 , ~,
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~ 2-241
MONROE COUNTY CODE
and at such rates' of interest as the board may deem advisable
and.in accordance with the provisions of article VII, section
12 of the Florida Constitution of 1968 and Florida Statutes,
chapter 125 ,and otheI"' special and' general laws and said cer-
tificatesof. indebtedness may be ,a charge upon all revenues
derived from taxes in, that year or maybe made payable from
budgetary requi~m~nts iJ:l due, course of law, as the board
may ei~tt. (Orit:'~o. &-1~77;, ~9)
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Sec. 2-243. Lawful uses of funds'; ..,.>1 :, ~
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No funds of districts la, 1b, 1c, 1d, 2,;.3, 4a and 4b created
under this article shall be Used for any'p'urpose other than the
adminiStration of the affairs and bUsiness of such district, for the
construction, care, maintenance, upkeep, operation and purchase
of law enforcement, beach er'osion coritrol, recreation service and
fa~ilities, streets: sidewalks, street lighting, dr~inage or trans~
portation equipmen't 'as the board may determine. No 'funds of
districts,5, 6,.7 and 8 created,under this article shall be used for
any pu~pose, other than the administration of, the, affairs and
'business of such distric~, for the, construction, care, maintenance,
upkeep, operation and purchase of fire fighting, ambulance ser-
vice, law enforcement, beach erosion control, recreation service
and facilities, streets, sidewalks, street lighting, drainage or trans-
portation equipment for the district as the b~ard may de~rmine.
(Ord. No. 5-1~77,,~'11; Ord. No. 14-1977, ~ 4', Ord. No. 44-1988, ~
3)
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Supp. No. 33
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ADMINISTRATION
~ 2-245
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Sec. .2-2:44. Auth9rity to purchase services.
'The board of districts' la, lb, lc, ld, 2, 3', 4a and 4b created
, under this 'article shall have the power and authority to acquire
by gift or purchase and to pay the' purchase price for such-la..w ~ ~
-7 . 'enforcement, beach'erosion control, recreation service and facili-
, , , ' ties, streets,' sidewalks,' street' lighting;' draiz:'-age and transporta-
tion equipment as is deemed reasonably necessary for the provid-
ing of municipal services related thereto within each municipal
taxing district and shall have authority to hire such pers.onnel or
fund such services and prescribe.-rules and regulations pertaining
thereto so ;lo~g as t~e same is not inco,nsistent with the provi-
. "sionsof g~neral. or special law . .
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:.J,.'" The:~oard of districts: 5,'6,-7'and 8 created under this article
shall 'have' the power'arid au~hority to acquire ~y,lgiftor purchase
,.':.and.to pay the purchase priceTor;such'fire protection; ambtilance
, service, law enforcement, beach-erosion control, recreation ser-
vice and facilities, streets, sidewalks, street lighting, drainage
and transportation equipment as is deemed. reasonably necessary
for the providing. of municipal services related thereto within
: ~~cl1iInuri.lc:ipal tih:ing 'aiStria'~lIi'd'shall h~ve':~~thority to hire
.. . _', ", . _.' " ... .,,', _. ,"' ,K" .' '.._ . . . ',.f .. . . ."
. such pe~sbnnel~or' frind, such services"and prescribe rules and
regulations'pe~ining' thereto so long as the same is not incon-
sis,te'lit"YAth the provisions of general or special law. (Ord. No.
- '5~'i977 ,~'12; Ord. ~o.,14-1977, ~,4~ Ord.No~ 44-1988, 9 4)
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. See. , 2-,245. ~nterlocal agreements. .
(a) The board of each district, created under this article
shall have the power and express authorization to enter into
i,nterlocaI agreement.s with any mtmicipaJity,' politiCal 'sub-
division, agency,' or officer 'of the 's~ate, indu~ing but not
limited to, state government, county, city, school d'istrict,
single or multipurpose special district, single or multipurpose
public authority;' to provide for joint exerci~e of any power,
privile'geor authority which stich district, may' have in com-
mon and which each might exercise separately.
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(b) In the event an InterIocal agreer.1ent is entered )nto
between a district and a municip~..lity, such agreement 'shall
be in compliance with the terms of Ch.apter 163,' Florida
Supp. No, 33
133
......... _... ..~..~_.__.______.__~.__~......__,...,.... w _...:..~_._....;....;.._._...._...,..~._w~...... .... ~ '.' ........,.... .,."."~.._.............;.._._.~",,,..;;__....'"'--......_~...w.........._......:.~<r~~.._..:....._~.._.............~........_.~....__.. .::..-........-.... ..'W.... ...
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~ 2-245
MONROE COUNTY CODE
Statutes, and shall,. include an express' provision as to how
such municipality, shall pay for its participation in a district
which may, be either from funds derived from service charges,
special assessments at taxes imposed within such municipality
by such municipality or from budgetary payments made in
the due course of law from such municipality to the district.
(Ord. No. 5-1977" ~~ 13, 29)
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Sec. 2-246. Duties, of officers of board.
',,~
The 'officers of the board of each district ,created under this
article shall have .the duties usually pertaining to, vested in,
and incumbent upon, like officers. A record shall be' kept of
.aU ;r.neet~gsJ of .su~hboard. .The board, may -adopt -such rules
, '. and ,:regtiIations as",it (may; deem, necessary. in ,and, :about the
";, J~tion of :its .business"and in ~ng out the provisions
.: of -this, article., (Ord. .No.,,5-1977, ~',14), .. .
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See. 2-:247. Annual ,report ,of board-;.fiscal year.
, (af. 'The, ~l:d' of 'eaCh district, created under this article
8h~U:on{)r~~fo~ ~hefirstday or November, make:ati 'annual
, repOrt' of' its actions arid accounting, of its' funds as of the
, thirlieth day of September of each year in a manner and in
accordance with the provisions of gen~l1l1 and sPecial Iaw'1llS
that as i~(required by the county and shall file said report. in
the office of the clerk of the circuit court of this county,
whose duty it shall be to receive and file such report and
hold' and keep the ,same' as a public record.
(b) The fIscal year of each district is hereby fixed as
commencing on October first and ending on September thir-
tieth., (qrd. No. 5-1977, ~ 15)
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See. 2-24~. Funds to be paid out only on warrant of clerk.
The funds of each district created under this article 'shall
, be paid out only upon 'tVarrant signed by the chairman of the
board and attested to _y the clerk and having thereto affixed
the corporate seal of the district; and, no warrant shall be
drawn or issued against funds of any district except for a
purpose authorized by this article, and no such warrant against
Supp. No. 33
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Brow.reI County Sherilf'& Orfice
2601 W~I Btoward Boulevard
Fort Laudcrtlale, Fl 333 12
(ll5<4) B31~900
January 18, 2000
The Honorable Dr. Shirley V. Freeman, Mayor of Monroe County
Members of the Board of County Comrojssioners
530 Whitehead Street
Key West, Florida 33040
Re: Taxation for Law Enforcement Services
Dear Mayor Freeman and Commissioners:
Sheriff Roth has told me that you face an. important decision about the best way to
tax your citizens fOT Jaw enforcement services. After 18 years of service in the Florida
Senate and as Sheriff ofBroward County, I'd like to share my views with you.
In Florida, the responsibility of every sheriff is countywide. The men and women
who wrote the Florida Constitution made it that way so that every citizen in every county,
rich or poor, city dweller or not, would have some guarantee of law enfOTCement
protection-
As Florida grew, new municipalities sprang up across the state. Many of these
new cities wanted enhanced police protection, and decided to tax themselves for it. But
that decision never changed the fact that city residents, along with everyone else in the
county, remained responsible for paying for the countywide protection of the sheriff.
Law enforcement protection taxation is part of the price of living in a civilized
society. By exempting some from bearing their share of the burden, the costs of law
enforcement will fan increasingly on the less-affiuent members of society. And in many
cases these are the people who have the most direct and urgent need for that protection,
Further, the erosion of a countywide tax base for countywide law enforcement can lead to
a hodge-podge of small police departments that would be hard-pressed to match the level
and scope of services provided by a well-run sheriff's office. Despite their best efforts,
no collection of different police departments can coordinate their efforts as well as a
single countywide sheriff's office.
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In closing, I would give long and careful consideration to the disadvantages of a
"split tax" for law enforcement. It is not at all fair to many of your less well off citizens,
and it will almost certainly lead to a degradation of the uality of the law enforcement
protection all of your citizens are entitled t upon.
KJ/av
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Florida Ke~
Wednesday, Jan, 19, 2000
Carefully consider
the sheriff's budget
The Monroe County Commission faces yet another contro-
versial issue today when it studies full-cost allocation for the
Sheriff's Office,
In a nutshell, full-cost allocation means this: Currently all
county property owners, regardless of whether they live in or
outside an incorporated area, pay the same tax rate to finance
the Sheriff's Office. Elected officials in Key West' and
Islamorada believe that's unfair and want a division of fund-
ing and services.
A split would mean lower taxes in both of those municipali-
ties and result in either additional taxes for those living, in
unin,corporated Monroe County - or reduced Sheriff's Office
serVices,
It's not an easy issiIe. Commissioners today will hear valid
arguments from people who want the funding changed and
from those wanting it to remain as is,
We've been a proponent of full-cost allocation for the coun-
ty's budget because it makes budgeting clean and pure and
thus more difficult for elected officials to hide expenses,
But we've also said the sheriff's budget may very well be a
different animal. Everyone in the county, regardless of where
they reside, benefits from good law enforcement.
There are also concerns that law enforcement would be
severely fractionalized if the incorporation movement in the
Keys continues and more new municipalities are formed, and
they all choose to have their own police departments. ,
Each new department would take resources away from the
Sheriff's Office and the staff reductions probably would come
from specialized areas - areas that the new, smaller depart-
ments also would not be able to afford,
Miami-Dade County is an excellent example of what can
occur. It now has 27 separate police departments, each with a
different chief, different policies and procedures. Many
involved with law enforcement in Miami-Dade call the struc-
ture a nighmare,
We understand the concerns of Key West officials, who
believe they are paying double for law enforcement since they
have their own police department and also pay taxes for the
Sheriff's Office, But Key West does receive some services
from the Sheriff's Office for those taxes,
One other thing that should not go overlooked is the
uniqueness of law enforcement in the Keys, The sheriff's
budget and department both are unusually large for a county
with only 84,000 permanent residents, but that's due to the
influx of 2 million-plus tourists who visit our islands each
year.
The commissioners certainly should not avoid this issue,
but they should move very slowly making sure that they fully
understand the consequences of any actions they decide to
take.
All things considered, under the current structure, the Keys
are a safe place both to live and visit: That should not be
overlooked when any plans are advocated to change how law
enforcement is administered in Monroe County,
KEYNOTER
Tom Schumaker
Publisher
Tom Tuell
Mary Lou ~~ollberger
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