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Resolution 135-2022MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 135 -2022 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA RESCINDING RESOLUTION No. 067-2022, CANCELING THE JUNE 28, 2022 SPECIAL ELECTION AND REQUESTING THE SUPERVISOR OF ELECTIONS TO PLACE BEFORE THE VOTER'S AT THE AUGUST 23, 2022 PRIMARY ELECTION THE SCHOOL BOARD'S REFERENDUM QUESTION DETERMINING WHETHER THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA SHOULD BE AUTHORIZED TO ENACT A YEARLY AD VALOREM TAX OF UP TO .5625 MILL, FOR FOUR (4) YEARS, BEGINNING ON JANUARY 1, 2023, FOR PURPOSES OF FUNDING OPERATIONAL EXPENSES OF MONROE COUNTY SCHOOLS, INCLUDING ENHANCED SCHOOL SECURITY AND TEACHER SALARIES, PURSUANT TO F.S. 1011.71(9) 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 o t h e r 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. VII of the Florida Constitution; and 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); and WHEREAS, 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, ON February 8, 2022, the School Board adopted a resolution calling for placement on the ballot for a June 28, 2022 special election a referendum requesting voter approval 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; and WHEREAS, on February 16, 2022, the Commission adopted Resolution 067-2022 requesting the Supervisor of Elections to call a special election for June 28, 2022 in order to place the School Board's question before the voters; and WHEREAS, due to a change in circumstances, the School Board has subsequently requested through counsel that the aforementioned referendum question be moved from the June 28, 2022 special election to the August 23, 2022 primary election; and WHEREAS, the School Board has submitted their Resolution 2022-001, attached hereto as Exhibit "A" to this resolution, requesting that the Commission direct placement of 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 beginning January 1, 2023 before the voters at the August 23, 2022 primaryelection; and WHEREAS, the Commission finds that there are no other questions or races that warrant holding a special election on June 22, 2022. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Resolution 067-2022 is hereby rescinded in its entirety and the Supervisor of Elections (the "Supervisor") is authorized to cancel the June 28, 2022 special election. 2. The Supervisor is requested to place before the voters at the August 23, 2022 primary election the referendum question adopted by the School Board of Monroe County, Florida, in its Resolution 2022-001 (attached hereto as Exhibit A). 3. The Clerk is directed to send this Resolution to the Supervisor of Elections. PASSED AND ADOPTED at a regular meeting held on the 20'h day of April, 2022. Mayor David Rice Yes Mayor Pro Tern Craig Cates Yes Commissioner Michelle Coldiron Yes Commissioner District 3, Vacant Commissioner Holly Merrill Raschein Yes MADOK, CLERK As be 7,M� Cl4k C Digitally signed by Robert B. Shillinger DN: —Robert B. Shillinger, o=Monroe County Robert B. Shillinger BDCC Monroe County Attorney, email-shillinger-bob@monroecounly-0.gov, c=US Date: 2022.04.21 1505:01 .04700' Approved as to form and legal sufficiency Robert B. Shillinger, Monroe County Attorney BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: _. Mayor David Rice '.iCD ' ;f F t� rr Exhibit A RESOLUTION 2022 — 001 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 WHEREAS, due to limitations in the State of Florida funding formula, the Monroe County School District has experienced budgetary shortfalls with respect to teacher salaries, insurance benefits, and classroom materials since 2004; and 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 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 referendum levying additional millage approved by the voters of Monroe County; and WHEREAS, Florida law requires that any discretionary millage levied by the Monroe County School District for operational funding be approved by the voters at least every four (4) years; and 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 security of local schools for a four (4) year period beginning January 1, 2019; and 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 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 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 WHEREAS, the School Board of Monroe County, Florida intends to issue a voter referendum in a special election on August 23, 2022, requesting that the citizens of Monroe County, Florida approve a renewal of the 2018 and 2020 operational millages; NOW THEREFORE BE IT RESOLVED BY THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, AS FOLLOWS: 1. Adoption of Recitals 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, Florida is hereby directed to call an election on August 23, 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). 3. Approval of Ballot Question The substance of the millage referendum and the ballot title shall read: RENEWAL OF OPERATIONAL FUNDING FOR MONROE COUNTY SCHOOLS: The School District seeks to continue its reduced millage for capital projects, making a proportional amount available for operational expenses, like teacher salaries. The District also seeks to continue retaining legally -required safe schools officers. Shall the District enact a yearly ad valorem tax of no more than 0.5625 mill, for four (4) years beginning January 1, 2023, for raising revenue for purposes of funding enhanced security measures and operational expenses of Monroe County schools? YES NO 4. Effective Date 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 8m day of February, 2022. Board Chair John Dick NO Vice -Chair Andy Griffiths NO Board Member Mindy Conn NO Board Member Robert Highsmith NO Board Member Suzanne Woltanski NO SuperiyAndent, Theresa Axford Smits, B.C.S., Board Attorney Absent YES YES YES YES YES