Item P10
JUL-18-00 11,11 FROM,MONROE COUNTY ATTY OFFICE 10.3052823516
PACE
1/1
BOARD OF COUNTY COMMISSIONERS
AGENDA ZTEM SUMMARY
Meeting Date: July 26, 2000
AGENDA ITEM WORDING:
Division:
County Attorney
Approval to advertise an ordinance, establishing a municipal service taxing unit for local
road patrol law enforcement services In the unincorporated area of Monroe County,
excluding MSTU 7, providing that the municipalities of Key Colony Beach, Layton,
Islamorada, Marathon and Key West may elect to join the District.
ITEM BACKGROUND:
The ordinance is for fiscal year 2001-2002 and the fiscal years thereafter. The ordinance
creates a road patrol MSTU for the unincorporated areas of Monroe County, except Ocean
Reef (MSTU#7), and allows the dties to opt in by an ordinance adopted before January
1. Ocean Reef is to be budgeted for road patrol services through its own MSTU. The
existing general purpose MSTU cannot be used for the just described plan because it
includes other unincorporated areas only ad valorem taxes thereby preventing the cities
from opting in. (Tax rates must be uniform within a district so the existing general
purpose MSTU could not have a different ad valorem rate for the cities and
unincorporated areas. Fla. Canst. requirement.)
PREVIOUS RELEVANT DOCC ACTION:
Ordinance prepared purslJant to the BOCC's request at the March 16, 2000 meeting.
STAFF RECOMMENDATION:
Approval to advertise for public hearing on 4\ugust 16,2000rin Key Largo.
TOTAL COST:
BUDGETED: Yes____ No
Cost to County:
APPROVED BY:
County Attorney X OMB/Purchasing
DIVISION DIRECTO~
DOCUMENTAnON: Inclu ed ~ . To Follow
Risk Management
Not required
AGENDA ITEM #
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Board of County Commissioners2
ORDINANCE NO
- 2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABUSHING A MUNICIPAL SERVICE
TAXING UNIT FOR LOCAL ROAD PATROL LAW ENFORCEMENT
SERVICES IN THE UNINCORPORATED AREA OF MONROE COUNTY,
FLORIDA (THE DISTRICT), EXCLUDING MSnJ 7; DEFINING LOCAL
ROAD PATROL LAW ENFORCEMENT SERVICES; PROVIDING THAT
THE MUNICIPAUTIES OF KEY COLONY BEACH, LAYTON,
ISLAMORADA, MARATHON, KEY WEST, AND ANY MUNICIPALITIES
INCORPORATED LATER MAY ELECT TO JOIN THE DISTRICT;
PROVIDING THAT THE DISTRICT GOVERNING BOARD IS THE BOARD
OF COUNTY COMMISSIONERS UNLESS THE MUNICIPALITIES ELECT
'TO JOIN IN WHICH CASE MUNICIPAL REPRESENTATION ON THE
GOVERNING BOARD IS AUTHORIZED; PROVIDING FOR DISTRICT
DUTIES AND POWERS INCLUDING THE POWER TO LEVY AD
VALOREM TAXES WITHIN THE UMITS ESTABLISHED BY LAW ON ALL
REAL AND PERSONAL PROPERTY WITHIN THE DISTRICT,
INCLUDING PARTICIPATING MUNICIPAUTIES, FOR LAW
ENFORCEMENT PlJRPOSES; 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
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
5e"ction 1.
Pursuant to the authority of Sec. 125.01(1), Florida Statutes (FS), and
Art. 7, Sec. 9(b), Fla. Const., there is hereby created a municipal service taxing unit for the
purpose of providing the following essential municipal service: local road patrol law
enforcement services. The taxing unit is to be known as the Monroe County Local Road
Patrol Law Enforcement District, hereafter the District. For the purposes of this Ordinance
local road patrol law enforcement service means regularly scheduled patrol by uniformed
law enforcement officers in marked patrol cars whose full-time duty assignment involves
responding to calls for service and engaging in crime prevention activities, sergeants who
provide first-line supervision to those officers, and genera' case detectives not assigned to
investigate major crimes or function as crime scene technicians.
Section 2.
In carrying the District purpose, the District is to be financed by ad
valorem taxes collected within the District. Nothing in this section prevents the Sheriff of
Monroe County from charging fees for services rendered to specific persons for enhanced
service (e.g., increased security at festivals and sporting events) so long as the fee(s) are
established in a uniformly applicable schedule approved by the Sheriff.
Section 3.
The District consists of the following areas:
a) the unincorporated area of Monroe County, excluding MSTU District 7, as
established in Sec. 2-255, MCC;
b) subject to the approval of their respective governing bodies as provided in
Section 8 of this ordinance, the following municipalities:
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i)
ii)
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iv)
v)
vi)
Key Colony Beach
Layton
Islamorada
Marathon
Key West.,
any municipality that incorporates after the effective date of this ordinance.
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Section 4.
Subject to Section 8 of this ordinance, the governing body of the
District is the Board of County Commissioners, hereafter the Board. Members will not
receive additional compensation for their Board service.
Section 5.
The Board has the power to: levy ad valorem taxes as provided by
general law; make all necessary payments to the Sheriff of Monroe County for carrying out
the District purpose; enter into interlocal agreements under Sec. 163.01, FS; to enter into
contracts on behalf of the District, to sue and be sued; to adopt and use a common seal; to
exercise the power of condemnation as provided by general law; to otherwise acqUire by
gift, negotiated purchase, or installment payment, real estate and personal property
including equipment and lease and convey the same, as provided by general law; employ
experts, agencies and employees proper and expedient to carry out the District purpose; to
borrow money and issue negotiable promissory notes, bonds or other certificates of
2
Ie
indebtedness, as provided by general law; and to exercise all powers granted by general law
to municipal service taxing units created pursuant to Sec. 125.01(1), FS.
Section 6. a) The Clerk of the Circuit Court, 16th Judicial Circuit, the ex-officio clerk
to the Board of County Commissioners, is the ex officio clerk, auditor, recorder of minutes
and accounts, and the custodian of the District funds unless or until the funds are
transferred to the Sheriff of Monroe County.
b) Except as provided in subsection 6(c), the District books must be
audited by the same County officers, employees or independent auditors, and in a similar
manner as the books of other County departments in conformity with applicable law and
generally accepted accounting principles.
c) The Clerk must not comingle District funds with other County revenues
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and must maintain the District funds in an account or fund apart from other. "Cou.nty "flif\ds or "
.
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.
.-
revenue. District revenue not needed for immediate expenditure must'be'invested 'by 'the
Clerk in the same manner as other county surplus funds are invested. However, nothing in
this paragraph 6(c) prevents the Board from transferring District funds to the Sheriff of
Monroe County pursuant to Sec. 30.50, FS, for the purpose of providing local road patrol
law enforcement services within the District. In that case, the Sheriff is the custodian of the
District funds so transferred and must account for those funds as provided by general law.
Section 7.
District funds may only be expended for the following purposes:
a)
Payment(s) to the Sheriff of Monroe County for the provision of law
enforcement services within the District.
b) Compensation to District employees, consultants, experts, and
independent contractors, not employed or hired by the Sheriff, when authorized by the
Board;
c) The purchase, construction, care, maintenance and operation of real
and personal property necessary for carrying out the District purpose, as authorized by the
Board;
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d) The repayment of all debts lawfully incurred under this ordinance or
pursuant to general law.
Section 8. a) Any or all of the municipalities of Key Colony Beach, Layton,
Islamorada, Marathon, Key West, and any municipality that incorporates after the effective
date of this ordinance will be included within the District upon such municipality(ies) passing
a municipal ordinance approving inclusion before January 1 immediately prior to the
commencement of the fiscal year for which the municipality wishes to be included.
b) If one of the municipalities passes a timely ordinance electing to join
the District, then the Board will consist of four County Commissioners and one member of
the city council. If two municipalities elect to join the District, then the Board will consist of
three County Commissioners and a city council member from each municipality. If more
than two municipalities elect to join the lDistrict, then the Board will ,consist of three Coun~
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Commission'ers and a city council member from the two municipalities"with the highest and
next highest population, as determined from the most recently available census data. The
County Commission and city councils must designate their members by resolution.
Section 9. a) The Board is authorized and empowered to annually levy upon all the
real and personal property within the District, including participating municipalities, a
sufficient tax to pay all the necessary costs of whatever kind, including capital expenditures,
as authorized by this ordinance within the limits established for municipal service taxing
units under Art. 7, Sec. 9(b), Fla. Const., Sec. 125.01(1), FS, and Sec. 200.071(3), FS.
b) The levy by the Board of the taxes authorized by any provision of this
ordinance must be by resolution of the Board duly entered upon the minutes of the Board.
Millage must be set and ad valorem taxes levied thereon in accordance with the provisions
of general law and in like manner as required for the setting of millage and levy of ad
valorem taxes by a county. It is the duty of the Board to order and require the Property
Appraiser to assess, and the Tax Collector to collect, the amount of taxes so assessed or
levied by the Board upon the taxable property in the District at the rate of taxation adopted
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by the Board for the year. The Tax Collector must collect such tax so levied by the Board in
the same manner as other taxes are collected, and must pay the same over to the Board
within the time and in the manner prescribed by law for the payment by the Tax Collector of
county taxes and which taxes then must be held by the Board and paid out as provided in
this ordinance. Tax certificates and tax deeds must be issued for all delinquent properties in
accordance with and as required by Chapter 197, FS, and other applicable law regarding the
issuance of same for nonpayment of delinquent county ad valorem taxes.
c) The Board of County Commissioners has determined that the District
ad valorem taxes provided for in this ordinance and the law enforcement service authorized
herein are municipal taxes for municipal benefits accruing to the properties within the
District upon which the ad valorem levies are directed to be made. The Board of County
Commissioners also finds and determines and' declares that' the law enforcement service
authorized in this ordinance is a public purpose and essential municipal service under Sec.
125.01(1)(q), FS.
Section 10. The Board is authorized to pay from the funds of the District all
expenses necessarily incurred in the formation of the District.
Section 11. The officers of the Board have the duties, whether mandated by
statute or common law, usually pertaining to, vested in, and incumbent upon like officers.
A record must be kept of all meetings of the Board. The Board may adopt the rules and
regulations it deems necessary for the transaction of its business, and in carrying out the
provisions of this ordinance.
Section 12. 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 13. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
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Section 14. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 15. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the
day of
2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
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,...:
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Jdordmstucities2
6
Law Enforcement and Municipal Policing Funds
Before Budget Split
Taxes per Increase per
Rollback Millage % over $100,000 of $100,000 of
Millage Rate Rollback taxable value taxable value
Countywide
Law Enforcement, Jail, Judicial 3.3163 3.3754 1.78% $337.54 $5.91
After Budget Split
Taxes per Increase per
Rollback Millage % over $100,000 of $100,000 of
Millage Rate Rollback taxable value taxable value
Unincorporated Monroe County '"
Law Enforcement, Jail, Judicial '3.3163 2.8474 $284.74 -$46.89
Municpal Policing 0.0000 0.8107 $81.07 $81.07
Subtotal 3.3163 3.6581 10.31% $365.81 $34.18
Key West, Key Colony Beach, Layton, Islamorada, & Marathon
Law Enforcement, Jail, Judicial 3.3163 2.8474 -14.14%
$284.74
-$46.89
With proposed Policing Oistrict***
Rollback Millage % over $100,000 of $100,000 of
Millage Rate Rollback taxable value taxable value
Unincorporated Monroe County
Law Enforcement, Jail, Judicial 3.3163 2.8474 $284.74 -$46.89
Municpal Policing 0.0000 1.0468 $104.68 $104.68
Subtotal 3.3163 3.8942 17.43% $389.42 $57.79
District 7
Law Enforcement, Jail, Judicial 3.3163 2.8474 $284.74 -$46.89
Municpal POlicing*- 0.0000 0.1528 $15.28 $15.28
Subtotal 3.3163 3.0002 -9.53% $300.02 -$31.61
Key West, Key Colony Beach, Layton, Islamorada, & Marathon
Law Enforcement, Jail, Judicial 3.3163 2.8474 -14.14%
$284.74
-$46.89
* Based on preliminary budget as of 7/26/00.
- This information only includes taxing districts under the Monroe County Board of County
Commissioners. It does not attempt to show the taxes each city will have to raise to provide
its own policing.
- In the event any of the cities join the proposed policing district, millages will be affected.
*-*Assumes there will be a mechanism for District 7 Municipal Policing
Office of Management Budget
7/26/2000