Item Q7 Q.7
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Keys '
Y � ��F' Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: Q.7
Agenda Item Summary #10245
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval of a resolution requesting the Supervisor of Elections
hold a special election on June 28, 2022 as directed by the Monroe County School Board in a
forthcoming Resolution for the qualified electors of Monroe County to vote on the School Board's
referendum questions regarding flexible funding and school security.
ITEM BACKGROUND: NOTE, this is a PLACEHOLDER ITEM that may substantially
change or be pulled from the February 16th agenda due to reasons set forth below. Because the item
involves calling a special election, it is being published with the original agenda in the interests of
providing as much notice and transparency as possible. The BOCC Resolution referenced in the
agenda item wording is still be drafted by counsel. It should be finalized by the revised agenda
deadline.
On February 8, 2022, the Monroe County School Board is expected to adopt Resolution 2202-001
(attached), which directs the County Commission to call a special election on June 28, 2022 for the
qualified electors of the Monroe County School District to vote on whether the School District
should continue to enact a yearly ad valorem tax of .5 mill, for four (4) years, beginning on July 1,
2022 for operating expenses of the School District. Due a bill currently being considered by the
Florida Legislature, the School District has opted to combine into a single referendum two separate
millage levies that have historically been voted on separately: 0.5 mills for general operational
expenses, resulting in a proportionate reduction in non-voted capital millage (ie; Flexible Funding);
and 0.0625 mills for safety and security.
The School Board's resolution will follow the statutory process currently set forth in F.S. 1011.73
for placing a referendum question on the ballot. That statute requires BOCC authorization to place a
referendum on the ballot but places the financial responsibility for any costs associated with noticing
and conducting the election on the school board.
Although the School Board has not yet approved the ballot question, it the ballot should read similar
to:
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Q.7
RENEWAL OF OPERATIONAL FUNDING FOR MONROE COUNTY SCHOOLS:
Pursuant to legislation enacted in the wake of the Marjory Stoneman Douglas School shooting,
the Monroe County School District is required by law to hire School Resource Officers and
School Safety Officers at each of its schools. The District also seeks to continue its reduced
millage for capital projects and continue to make the equivalent amount available for operational
expenses, such as teacher salaries, retention of school nurses, and purchase of classroom
materials.
Shall the District enact a yearly ad valorem tax of no more than 0.5625 mill, for four(4)years
beginning July 1, 2022, for purposes of raising revenue for purposes of funding enhanced
security measures and operational expenses of Monroe County schools?
YES NO
The timing of the School Board's request is being driven by HB 777 and SB 1194. If enacted, that
legislation would amend F.S. 1011.73 so that this type of referenda could only be held during
General Elections, which only occur in November of even numbered years. That statute currently
allows such referenda to be conducted during Primary and Special Elections, as well as General
Elections. In addition to affecting school district millage referenda, the legislation would change the
referenda dates for other types of local tax referenda involving tourist development and impact taxes,
children's services, special district property taxes, county and municipal millage rates, and local fuel
taxes.
The effective date currently listed in the legislation is July 1, 2022. Unfortunately, due to the
statutorily mandated School Board's fiscal year, which runs July to June, the legislation would cause
a delay of up to twelve months in the School Board's ability to collect ad valorem taxes approved by
the voters in a November election. This delay is due to the timing and requirements of Truth in
Millage (TRIM)notices, which are generally issued prior to the November election.
The School Board is currently proposing an amendment to the legislation that would either carve out
the school district millage elections from the bill or delay the effective date. If the effective date is
delayed, the School Board could adjust its procedures; however, there simply would not be enough
time to adapt if the new law took effect July 1, 2022. The School Board's efforts to propose
amendments to the bill are being conducted simultaneously to the School Board taking action on
February 8tn
The timing is critical. The Supervisor of Elections must start the process for planning for and
conducting a special election now in order to hold that election on June 28t'. That process involves
programming and printing ballots. The printers must deliver the ballots back to the Supervisor in
time to permit her staff to insert the ballots into envelopes for those voters who requested a vote by
mail ballot then mail them out by the statutory deadlines for mailing ballots to overseas voters. The
Supervisor advises that she cannot wait until the end of the Legislative session (3/11/22) to see if the
final version of the bill eliminates this issue. Hence, this item must be heard in February absent a
special meeting held closer to the end of session. Accordingly, both the School Board's and the
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Q.7
proposed BOCC's resolutions will be contingent on the enactment of the proposed legislation
without a carve out or change in the effective date. If the legislation is modified to address the
School Board's concerns after the BOCC calls the Special Election, that election may be cancelled.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Subject to the School Board adopting a resolution and the
legislation not being amended to moot the issue, approval
DOCUMENTATION:
BOCC Resolution calling special election June 28 2022 for school board question
Draft Resolution from MCSD - Operational + Security Millage Resolution (Special Election)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: None.
Current Year Portion:
Budgeted:
Source of Funds: School Board will advertise referendum at its expense.
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 02/01/2022 5:17 PM
Bob Shillinger Completed 02/01/2022 5:17 PM
Purchasing Skipped 02/01/2022 4:40 PM
Budget and Finance Skipped 02/01/2022 4:40 PM
Maria Slavik Skipped 02/01/2022 4:40 PM
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Q.7
Liz Yongue Completed 02/01/2022 5:22 PM
Board of County Commissioners Pending 02/16/2022 9:00 AM
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Q.7.a
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MONROE COUNTY, FLORIDA c
BOARD OF COUNTY COMMISSIONERS )
RESOLUTION NO. -2022
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA REQUESTING THE SUPERVISOR OF 0
ELECTIONS TO SCHEDULE A SPECIAL ELECTION FOR
TY, JUNE 2 , 2022 TO PLACE BEFORE THE
V THE SCHOOL REFERENDUM QUESTION
DETERMINING T THE SCHOOL BOARD OF MONROE
COUNTY, FLORIDA SHOULD BE AUTHORIZED TO ENACT A YEARLY
AD VALOREM TAX OF UP T 25 MILL, FOR FOUR ( ) YEARS,
BEGINNING ON JULY 1, 2022, FOR PURPOSES OF FUNDING
OPERATIONAL EXPENSES OF MONROE COUNTY SCHOOLS,
INCLUDING ENHANCED SCHOOL SECURITY AND TEACHER
SALARIES, PURSUANT TO F.S. 1011.71( ) AND F.S. 1011.73(2).
WHEREAS, F.S. 1011.71(9) authorizes a school district to levy, by local
referendum, additional millage for enhanced school security measures and y
other school operational purposes up to an amount that, when combined with non-
voted millage levied under the Section, does not exceed the 10 mill limit established in
s. 9(b), Art. VI I of the Florida Constitution-, and
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WHEREAS, F.S. 1011.73(2) authorizes a school board, by resolution adopted at
a regular meeting, to direct the Board of County Commissioners to call an election at
which the electors within the school district may approve an ad valorem tax millage as
authorized under F.S. 1011.71(9). Further, such election may be held during any 12
month period. Any millage so authorized shall be levied for a period not in excess of four
(4) years or until changed by another millage election, whichever is earlier-, and
WHEREAS, pursuant to F.S. 1011.71(9) and F.S . 1011.73(2), on February 8, y
2022, the School Board adopted their Resolution No. 2 0 2 2-0 01 , attached hereto as
Exhibit 'A" to this resolution, to levy a yearly ad valorem millage tax increase of up to
.5625 mill, for four (4) years beginning July 1, 2022, for funding enhanced security
measures and operating expenses of Monroe County schools-
WHEREAS, the School Board has presented their Resolution No. 2202-001 to
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the County requesting that the County call a special election for the purpose of placing their
referendum question concerning the School Board's levy of a yearly ad valorem tax
increase of up to .5625 mill for four (4) years on the June28, 2022 before the voters,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA-
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Q.7.a
1. That pursuant F . S . 1011.73(2), the Supervisor of Elections is
hereby requested to call a Special Election for June 28, 2022 and
place before the voters the referendum adopted by the School
Board of Monroe County, Florida, in its Resolution 2022-001
(attached hereto as Exhibit A).
2. The Clerk is directed to send a certified copy of this Resolution to the
Supervisor of Elections.
PASSED AND ADOPTED at a regular meeting held on the 161h day of February, 2022.
Mayor David Rice a
Mayor Pro Tern Craig Cates
Commissioner Michelle Coldiron
Commissioner District 3, Vacant Vacant
Commissioner Holly Merrill Raschein
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY:
Mayor David Rice
(SEAL)
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ATTEST: KEVIN MADOK, CLERKco
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By:
As Deputy Clerk
Approved as to form and legal sufficiency
Robert B. Shillinger, Monroe County Attorney
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Q.7.b
RESOLUTION 2022—001 ca
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A RESOLUTION OF THE SCHOOL BOARD OF MONROE COUNTY,
FLORIDA, PROPOSING RENEWAL OF TEACHER SALARY MILLAGE
LEVY, APPROVING FORM OF BALLOT QUESTION, REQUESTING
PLACEMENT OF REFERENDUM ON BALLOT, PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE
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WHEREAS,due to limitations in the State of Florida funding formula,the Monroe County 2
School District has experienced budgetary shortfalls with respect to teacher salaries,
insurance benefits, and classroom materials since 2004; and 0
WHEREAS, in 2018, the State of Florida issued a mandate to promote school safety and
enhanced coordination between education and law enforcement entities to
comprehensively address the crisis of gun violence on school campuses in the wake of the
tragedy at Marjory Stoneman Douglas High School in Parkland, Florida; and
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WHEREAS, Florida Statute § 1011.71(9)provides for an increase in ad valorem taxes for
the purpose of raising additional funds for school operational purposes pursuant to
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referendum levying additional millage approved by the voters of Monroe County; and i
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WHEREAS, Florida law requires that any discretionary millage levied by the Monroe
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County School District for operational funding be approved by the voters at least every
four(4)years; and
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WHEREAS, the voters of Monroe County previously approved a referendum authorizing
the School District to raise funds for purposes of funding teacher salaries, insurance
benefits and classroom materials for a four(4)year period beginning July 1, 2020; and
WHEREAS, the voters of Monroe County previously approved a referendum authorizing )
the School District to raise funds for purposes of maintaining and improving the safety and 76
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security of local schools for a four(4)year period beginning January 1, 2019; and 0
WHEREAS, the School Board of Monroe County, Florida requires a renewal of the
previously levied millage to continue meeting its operational budgetary needs with respect 0
to teacher salaries,insurance benefits,classroom materials and meeting the enhanced safety
and security measures now required by law; and
WHEREAS,the Monroe County School District wishes to combine the operational millage 0
approved by the voters in 2018 and 2020 into a single referendum, which if approved,
would void the remaining two years of millage approved in 2020; and c
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WHEREAS, the School Board of Monroe County, Florida intends to issue a voter
referendum in a special election on June 28, 2022, requesting that the citizens of Monroe
County, Florida approve a renewal of the 2018 and 2020 operational millages;
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Q.7.b
NOW THEREFORE BE IT RESOLVED BY THE SCHOOL BOARD OF MONROE ca
COUNTY, FLORIDA,AS FOLLOWS: c
1. Adoption of Recitals a,
The recitals set forth above are hereby incorporated herein by reference in their entirety as if set
forth in the body of this Resolution.
2. Requesting Placement of Referendum on Election Ballot
Pursuant to Florida Statute § 1011.73(2), the Board of County Commissioners of Monroe County, c
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Florida is hereby directed to call an election on June 28, 2022, for the qualified electors of the
Monroe County School District to vote on a continuation of the current ad valorem millage rate set
for the operating expenses of the School District as authorized by Florida Statute § 1011.71(9). o
3. Approving Initial Cost of Special Election
The School Board of Monroe County, Florida hereby authorizes payment to the Monroe County 0.
Supervisor of Elections Office of an amount not to exceed $50,000.00 to cover the initial costs of U
a special election requiring advanced payment.The Board further acknowledges the total estimated
costs of between $250,000 and$300,000 that may be incurred as a result of the special election.
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4. Approval of Ballot Question
The substance of the millage referendum and the ballot title shall read:
RENEWAL OF OPERATIONAL FUNDING FOR MONROE COUNTY
SCHOOLS: )
Pursuant to legislation enacted in the wake of the Marjory Stoneman Douglas School
shooting, the Monroe County School District is required by law to hire School Resource
Officers and School Safety Officers at each of its schools. The District also seeks to
continue its reduced millage for capital projects and continue to make the equivalent
amount available for operational expenses, such as teacher salaries, retention of school U)
nurses, and purchase of classroom materials. 2
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Shall the District enact a yearly ad valorem tax of no more than 0.5625 mill, for four (4)
years beginning July 1, 2022, for purposes of raising revenue for purposes of funding c
enhanced security measures and operational expenses of Monroe County schools? 0
YES NO
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Q.7.b
5. Effective Date
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This Resolution shall become effective immediately upon its adoption by the School Board
of Monroe County, Florida.
DULY ADOPTED by the School Board of Monroe County, Florida this 8th day of
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February, 2022. 2
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Board Chair John Dick NO YES
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Vice-Chair Andy Griffiths NO YES
Board Member Mindy Conn NO YES
Board Member Robert Highsmith NO YES
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Board Member Suzanne Woltanski NO YES
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Superintendent, Theresa Axford
Dirk M. Smits, B.C.S., Board Attorney
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