Ordinance 010-2022 ORDINANCE NO. 010 -2022
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, EXTENDING THE ONE CENT
INFRASTRUCTURE SALES TAX, OTHERWISE DUE TO EXPIRE IN
2033, THROUGH DECEMBER 31, 2048; PROVIDING LIMITS ON THE
USE OF THE FUNDS AFTER 2018 UNLESS WASTEWATER PROJECTS
ARE IN PROGRESS AND FULLY FUNDED: PROVIDING THAT SUCH
EXTENSION IS ONLY EFFECTIVE IF APPROVED BY THE COUNTY
ELECTORATE VOTING IN THE NOVEMBER 8, 2022 GENERAL
ELECTION; PROVIDING FOR NOTIFICATION OF THE FLORIDA
DEPARTMENT OF REVENUE IF THE TAX IS APPROVED BY THE
ELECTORATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,the Board of County Commissioners of Monroe County
adopted ordinance no. 13-1989 levying a one-cent infrastructure sales tax, subject
to a referendum vote of the electorate,to generate revenue for much needed
infrastructure,including a new jail which the county was under federal court order
to build; and
WHEREAS, section 212.055(2),Florida Statutes was modified, among
other things, to change the number of years of life of a capital asset for which the
infrastructure surtax could be expended; and
WHEREAS,the Board of County Commissioners of Monroe County
adopted Ordinance No. 01-2000 to extend the infrastructure surtax from its
original expiration date of September 30, 2004, to December 31, 2018, and to
modify the permissible uses to include wastewater infrastructure, subj ect to a
referendum vote of the electorate; and
WHEREAS,the Board of County Commissioners of Monroe County
adopted Ordinance No. 17-2012 to extend the infrastructure surtax from its
original expiration date of December 31, 2018, to December 31, 2033, subject to a
referendum vote of the electorate; and
WHEREAS,the Board of County Commissioners of Monroe County
adopted Ordinance 023-2012 amending the language set forth in Ordinance 17-
2012 to clarify that surtax proceeds could be used to repay preexisting debt; and
WHEREAS,the electorate voted in 1989 for the initial levy of the
infrastructure surtax and voted again in 2000 and 2012 for its extension; and
Extend Infrastructure Sales Tax to 2048 1
WHEREAS,the county and municipalities continue to have infrastructure
needs which cannot be met through the infrastructure surtax expected to be
collected through 2033; and
WHEREAS, changes in the economy and state legislation have resulted
in both legal and policy reasons to limit the levy of ad valorem tax which could be
used for infrastructure as well as operations of the local governments; and
WHEREAS, meeting wastewater, storm water, and re-use or reclaimed
water needs are still paramount issues throughout the Florida Keys which rely on
a dwindling supply and greater demand of potable water, and experiences serious
near shore water quality problems due to storm water run-off, and
WHEREAS, obsolescence and age will periodically require changes and
improvements to existing infrastructure throughout the Florida Keys;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1. Section 23-144 Monroe County Code is hereby amended to read as follows:
Sec. 23-144. —Duration of surtax
The surtax authorized by this article shall be collected commencing on January 1, 2004
and continuing through December 31, 243-3-2048.
Section 2. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in Section 125.66(2), Florida Statutes, provided that the
following referendum is approved by a majority of the electors of the County voting in the
November 8, 2022 general election:
REFERENDUM ON EXTENDING THE ONE CENT
INFRASTRUCTURE SALES SURTAX THROUGH 2O48.
Shall the existing one cent infrastructure sales surtax be extended through 2048
(it otherwise expires in 2033) with the proceeds used for the following projects:
wastewater facilities and, only if those wastewater projects are completed or
fully funded, recreation and conservation lands, marinas, courthouses, parking,
offices, roads, bridges, airports, libraries, piers, auditoriums, riprap/seawalls,
solid waste, jails, police/fire facilities, land acquisition, storm water, and any
public purpose authorized by law?
For the one cent sales tax extension
Against the one cent sales tax extension
Extend Infrastructure Sales Tax to 2048 2
Section 3. NOTICE TO DOR. If the referendum is approved at the general election of
November 8, 2022, then the County Clerk must notify the Florida Department of Revenue within
10 days of the referendum dates as provided in Sec 212.054(7)(a), Florida Statutes, but no later
than November 16, 2022.
Section 4. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as a whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
Section 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 6. INCLUSION IN THE CODE OF ORDINANCES. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 17th day of August , 2022.
Mayor David Rice Yes
Mayor Pro Tern Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner James K. Scholl Yes
Commissioner Holly Merrill Raschein Yes
�� 9,
its (S A BOARD OF COUNTY COMMISSIONERS
e in Madok, Clerk OF MONROE COUNTY, FLORIDA
tiyo°" Y Y-aF By
QT Oa�MTV t
s Depu Clerk Mayor/ rperson
Fie
Approved as to form and legal sufficiency for _
reliance only by the Monroe County B.O.C.C.
Robert B. Il Digitally signed by Robert B.Shillinger
DN:cn=Robert B.Shillinger,o=Monroe County
iBOCC,ou=Monroe County Attorney,
Shillinger �-.emallshlllinger-bob@monroecounty-8.goy,c=u5
(� Date:2022.08.1815:36:30-04'00' -(
Robert B. Shillinger,Monroe County Attorney r
Extend Infrastructure Sales Tax to 2048 3
�r
M
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The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO ADMIN/BOCC
1100 SIMONTON ST STE 2-205
KEY WEST FL 33040
Account: 423273 Ticket: 3856517
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE Dated at Key West, Florida, this 25th
COUNTY OF MONROE day of July 2022.
NOTICE IS HEREBY GIVEN TO WHOM (SEAL)
IT MAY CONCERN that on August 17, KEVIN MADOK, Clerk of the Circuit
Before the undersigned authority personally appeared 2022,at 1:30 P.M.,or as soon thereaf- Court and Ex Officio Clerk of the
ter as the matter may be heard,at the Board of County Commissioners Of
Harvey Government Center, 1200 Tru- Monroe County,Florida
man Ave,Key West,Florida,the Board July 30,2022-KWC
Melinda Prescott who on oath says that he or she is of County Commissioners of Monroe 423273 3856517
County, Florida, intends to consider
adopting the following ordinance:
The legal advertising representative of the Key West Citizen,a five day news-
AN ORDINANCE OF THE BOARD OF
paper published in Key West, in Monroe County, Florida;that the attached copy COUNTY COMMISSIONERS OF MON-
ROEof advertisment, beinglegal notice in the matter of Adoption of Ordinance was COUNTY, FLORIDA, EXTEND-
of a g p ING THE ONE CENT INFRASTRUCTURE
published in said newspaper in the issues of: SALES TAX, OTHERWISE DUE TO EX-
PIRE IN 2033,THROUGH DECEMBER 31,
2048;PROVIDING LIMITS ON THE USE
Saturday, July 30, 2022 OF THE FUNDS AFTER 2018 UNLESS
WASTEWATER PROJECTS ARE IN PROG-
RESS ANF FULLY FUNDED: PROVIDING
Affiant further says that the Key West Citizen is a newspaper published in Key THAT SUCH EXTENSION IS ONLY EF-
West, in said Monroe County, Florida and that the said newspapers has hereto- FECTIVE IF APPROVED BY THE COUN-
TYNO-
fore been continuous) published in said Monroe County, Florida Tuesday thru ELECTORATE VOTING IN THE ON;
Y p Y Y VEMBER 8, 2022 GENERAL ELECTION;
Saturday weekly, and has been entered as periodicals matter at the post office in PROVIDING FOR NOTIFICATION OF
Key West, in said Monroe County, Florida,for a period of 1 year next preceding THE IF THEFLORIDA DEPARTMENT OF REVE-
NUE F THE TAX IS APPROVED BY THE
the first publication of the attached copy of advertisement; and affiant further says ELECTORATE; PROVIDING FOR SEVER-
that he or she has neither paid nor promised any person,firm or corporation any ABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT
discount, rebate, commission or refund for the purpose of securing this advertise- HEREWITH;PROVIDING FOR INCORPO-
ment for publication In the said newspaper. RATION INTO THE MONROE COUNTY
CODE OF ORDINANCES;AND PROVID-
ING FOR AN EFFECTIVE DATE.
The proposed ordinance may be in-
spected by the public at the Monroe
County website by viewing the agenda
packet for the August 17,2022 meet-
ing,which will be posted beginning on
/ August 5,2022 at:http:Hmonroecoun-
tyf Liq m2.com/citizens/def ault.aspx.
The ordinance may also be viewed at
(Signature ofAffiant) the Monroe County Attorney's office
at 1111 12th St.Ste.408 Key West,FL
Affirmed and subscribed before me this 1 st day of August 2022 33040.
The public can participate in the Au-
gust 17, 2022, meeting of the Board
of County Commissioners of Monroe
County, FL by attending in person or
via Zoom.The Zoom link can be found
(Notary Public Signature) in the agenda at http:Hmonroecounty-
fl.iqm2.com/citizens/default.aspx.
Laura M Robins ADA ASSISTANCE: If you are a person
(Notary Public Printed Name) with a disability who needs special ac-
commodations in order to participate
in this proceeding, please contact
My commission expires 9/26/2026 the County Administrator's Office, by
phoning (305) 292-4441, between the
hours of 8:30a.m.-5:00p.m., prior to
Personally Known X Produced Identification_ the scheduled meeting;if you are hear-
Type of Identification Produced (Notary Seal) ing or voice-impaired,call "711". Live
Closed-Captioning is available via our
�d rti ry p iwu ��0wn��F4rmrf3� web portal @ http:Hmonroecounty-
fl.iqm2.com/Citizens/Default.aspx art&rc fl.igm2.com/Citizens/Default.aspx for
In v a c was Hr� 7u meetings of the Monroe County Board
Effit of County Commissioners.
��piras �t�7�a"20�8 ;
NOTICE OF INTENTION TO
CONSIDER
ADOPTION OF COUNTY
NOTICE IS HEREBY GIVEN TO 1 LKEEE
ORDINANCE
KL! WHOM IT MAY CONCERN that
on August 17,2022,at 1:30
P.M.,or as soon thereafter as
14f at*(fiaybehwat4,atthe
Published Weekly Malys fornmentCenter,
I k trtcM Ave pSeyWest,
Marathon,Monroe County,Florida Flut( a 311eB6a; f"owoty;
Fororgl4ii,neri of ohrm,
Cowes"„t;Idrla,intends to
PROOF OF PUBLICATION dQ00100rio'tingthefollowing
ordGo�tllta,;
AN ORDINANCE OF THE BOARD
S OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA,
COUNTY OF MONROE EXTENIDING THE ONE CENT
INFRASTRUCTURE SALES TAX,
Before the undersigned authority OTHERWISE DUE TO EXPIRE IN
personally appeared JASON KOLER who 2033,THROUGHDECE BER31,
2 °PROVIDING LIMITS ON
on Oath, says that he is PUBLISHER of THE USE OFTHE FUNDS AFTER
the WEEKLY NEWSPAPERS, a weekly2018VNLESSWASTEWATER
PROJECTS ARE IN PROGRESS
newspaper published in Marathon, in ANF FULLY FUNDED:PROVIDING
THAT Monroe County, Florida, that the ONLY
HTIVEIFAPPRS
Y ONLY EFFECTIVE IF APPROVED
attached copy of advertisement was BY THE COUNTY ELECTORATE
VOTING IN THE NOVEMBER
published in said newspaper in the 8,2022 GENERAL ELE ON,
issues of:(date(s)of publication) PROVIDING FOR NOTIFICATION
OF THE FLORDA
+4�ytl F OF REVENUEIFTHE DEPARTMENT
APPROVV ED BYTHE ELECTLECT ORATE;
-- PROVIDING FOR SEVERABILITY,'
PROVIDING FORTHE REPEAL OF
ALL ORDINANCES INCONSISTENT'
. - HEREWITH,-PROVIDING FOR
A ant further says that the said WEEKLY INCORPORATION INTO THE
MONROE COUNTY CODE OF
NEWSPAPERS is a newspaper published ORDINANCES;AND PROVIDING
at Marathon, in said Monroe Count FORANEFFECTIVEDATE.
Y The Orgiiptged ordIt nano may
Florida,and that the said newspaper has be ItMsIt lwd Iay rt poolticat
heretofore been continuously published theroeCOrtntytbsNtOby
Iewlrl Vua errda)SacRet o
In said Monroe County, Florida, ones the lrriwst4; �ft22ropeetin
each week (on Thursday) and has been whl�riVl hetrssarfI trtlnH
ttn Akaglrst S, 022 i61k hta°lf
qualified as a second class mail matter at rroonroetbunttfllrlan2wro/
the post office in Marathon, In Monroe cltaaewsJdafaut.aspx;TMe
ore)Inn mPy Plso Ire viewed
County,Florida,for a period of one year aLepw ,4ou11tyAttorrl9s,
next preceding the first publication of 30t1h0,StSte 408
the attached copy of advertisement.The PitGlr rticupate In the
AtrtJust"�T, 02'�orw~etVrlg frI11^uo
affiant further says that he has neither Roawfl� rytyon�nblsalta�ars
paid nor promised any person, firm, or ofMfrA �auahty,FLU
attppdi idteRtxorlorwr9a
corporation any discount, rebate, �oo �'�kt2alluttcanlr
commission or refund for the ur oseof au'IIwINr" gendatlttptf;
p p n1o�rir6rrffl,i�nO.conrt°
securing this advertisement for cloueos defalu Lases,
publication in the saidnewspaper(s)and A0AASShjr>ANCE.Ifyyouare4
pr*son MtKa clNo llyly who
that The Weeklvv N�� C2 f .l'S�RL.... rx�0�s pexlalacccrornodations
In order to partkI ate In this
compliance with (t pE:D�..�._O I pptotnedino,pipaseconIact
FI l ( 0.t Lutes on Le al and R1eCountyAdrnlnlsttatot
g 01ffice,by hohjng( 55i 2w-
f.Jal Advertisements. 4441„been the hours of
/ 8;3 .K —500,m„�dor to the
schedwled' roa hng f ouff
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SwLor?Zanfa, bscrtbed before me rhft r rnonrdecouarttyfllrlthl 2022. � NtAIcltwoetlr'r s0theMonroeCrsunty
(S Board C0unt�Corn issbono
KEVINALK,Clerk ofthe
CircuitCourtand
Notary ExCifficlo o0( ou Coelok fs oners of
�t
MOn onto,FfoAola
July28,2022
CHARLOTTE HRUSKA �, The Weekly Newspapers
My COMMISSION#GG 221835
is rI� EXPIRES.September 1,2022
!`6 _ Bonded�Th�ruu Nulary Public Underwriters
Page 6 News Barometer July 29,2922
b"
)44Ai'dIPE T"EMA Beata K. Sharpe 6x,
Hamilton: Leave them with hope This is very hard to pun off,of course—possibly Capt.Jim Sharpe Jr.Dear Editor: harder now than it was then.We face a long list of 305-395-8711
seemin 1 intractable roblems, from climate ex
nenrr.Many years ago,I was in the audience when the g y P bsharpel3@gmail.com
Rev. Jesse Jackson, the legendary civil rights change to mass shootings to threats to our demo-
activist and election mobilizer,gave a speech.He cratic processes to overseas rivals willing to test us We are listing & selling properties
often used the catchphrase, "Keep hope alive!" at every tarn.It's easy to get discouraged and to In the St.Augustine Area as Well as the
when he spoke,and he did so that time.The audi- believe that we cannot solve or manage those S.prob- beautiful Florida f�8Y
ence picked it up as a chant."Keep hope alive!" lems—andthen to give in to despair.But Jackson
they called. "Keep hope alive!"It was a memo- and that student were right.We constantly need
rable bit of political showmanship. reminding that we can change things for the better. if you are thinking about Buying, Selling or
A few years later,I gave a speech at a small col- The reason, actually, is straightforward. The Investing In Florida Keys or St.Augustine
lege in Iowa.I used it to analyze all the challenges backbone of our system of representative democra-
our country faced,domestic and foreign,and fin- cy is its faith in ordinary Americans to step up to please give us a call at 305-395-8711.
ished thinking I'd done a pretty good job of laying their responsibility as citizens to improve their cor-
out our problems.Afterward,a young student came ner of the world—by their own direct actions as D Jimmy
up to me. "That was a marvelous speech, well as by making discriminating judgments about Beata*a L a
Congressman,"she said."I've just got one ques- politicians and policies.If you rob people of hope,
tion:Is there any hope?" then you rob them of a reason to be involved. Listing and Selling Florida Homes
I realized then that,far from rising to the occa- In decades of talking to people all over the coun- full-time since 19891
sion, I'd failed. Jesse Jackson was right: You try,I've been repeatedly impressed by the strength
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ty.co 1
I had not done that.
See LETTERS on Page 7 P.S.Don't keep us a secret!!! Have a friend or a neighbor that may need our services? Please
give them our contact information. A referral is the highest compliment we can receive.
LEGAL NOTICES
N()I ICI^:OF INTENTION 1'()C"IDNS11)ER
"k.11111111ONC11^COUNTY l)Id INANt`1: �uuuuuum
NOIIC'I! IS HE121 BY ("WEN TO WHOM I"1 MAY CONCERN that on august 17,20I22,at 1:till
P.M.,or as soon t6aere alter as the nfaner may he 1f4 a d,at the Harvey GovernmentC t rn:ter, 12001"Turn an
.Ave, uey 1"',h sta 11otid a„the Mxnd of County C.aoininiss�ioncr,, A,monloe Como)" V�lrrs�tahn, intends Uo m um mum
c onsidel adoptnrg the 161lowilig oaal nYarw(!:.
AN 014 DINANC L (DI 1111IF BOA1t1)(D1"C'CDLIN l Y C()MA1RSSl()NI RS
OF fir'ONItO E COUNTY.Y Iti"1.lJItMA I.'w�"1 ENDI NCi THE ON]-"(TNT
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I HA'I SUCII EXTENSION I1 NSION IN ONLY I FFI C I IN'L CI AI'IrROVI 1D By v
THE COUNTY 111C"I'CDRYI I,VOTING INIAL NC)Y'EY'IB I2 kI 20122
C ENI RA1 ELECTION;ION;PROV''IIDINCr FOR NC)111 HFIC.A 1'ION OF 11"111^:
I'IaORMAa.1Di"PARI fMIENYOU'RI,NL'NUL IF HII?."l AN IN AP I'IdC)Y IA11 a� �iai sy v �ji w
BV 1111 h:1 1 C 1C1ItATT; PROVIDINCw FOR SI V1,,14A1111 IIYI
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1"19 1�EPEAL, O ALL OR DIN YNCt;S
IPROVIDING
ROVI DING FOR INC,'ORPO NTIDN ; i
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INTO THE 1VIC)N11OU COUNTY CODE OF 0i1"tDINANC;ES, AND
1 Ire proposed ordinance avtay bo anspecrtcd by tllie^ public m [he Monroe County website by a inving Xlte: 29491 Ranger Ave.,Big Pine Key
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FLORIDA DEPARTMENT" l ...STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
September 1, 2022
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Liz Yongue
Dear Kevin Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 010-2022, which was filed in this office on August 29,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Florida Department of Revenue Jinn Z'ingale
General Tax Administration Executive Director
FLORIDA
5050 West Tennessee Street,Tallahassee, FL 32399 floridarevenue.com
December 16, 2022
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller
500 Whitehead Street
Key West, FL 33040
Dear Mr. Madok,
Thank you for informing the Florida Department of Revenue of the adoption of Ordinance No.
010-2022 by the Monroe County Board of County Commissioners and its approval by a majority
of the electorate on November 8, 2022. This ordinance extends the 1% Local Government
Infrastructure Surtax pursuant s.212.055(2), F.S. This surtax was set to expire on December 31,
2033,pursuant to Ordinance 017-2012. Due to the approval of Ordinance No. 010-2022, the
ordinance extends the expiration date to December 31, 2048. The proceeds of the surtax will be
distributed between the county and the municipalities in accordance with section 212.055(2)(c)2,
F.S.
Should you have any questions or concerns, or if we can be of further assistance to you,please
feel free to contact me at wjg!Jadetitiis(f�'flcrdar yeti„�ie,corn or(850) 717-7122.„ , ,
Sincerely,
Wytonia Dennis
Professional Accountant Specialist
Revenue Accounting