The URL can be used to link to this page

Item Q5 Q.5 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting May 17, 2023 Agenda Item Number: Q.5 Agenda Item Summary #12041 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 TBD AGENDA ITEM WORDING: Discussion and direction regarding whether to pursue adopting a County Charter. ITEM BACKGROUND: The Florida Constitution of 1968 contemplates two types of counties: charter counties and non-charter counties. A non-charter county is the default form of county governance, which controls unless and until county voters adopt a home rule charter. A home rule charter can be viewed as a"county constitution". A non-charter county must follow the requirements set forth in the Florida Constitution and Florida Statutes for the structure of county government whereas a home rule charter can tailor certain structural aspects of county government to local needs. Florida law also vests charter counties with certain authorities that are not available to non-charter counties. Monroe County is a non-charter county. While the Monroe County Commission has periodically discussed the potential of becoming a charter county over the years, those efforts have never resulted in the drafting of a proposed charter, much less putting a proposed charter before the voters for approval in a referendum. WHY NOW? The cost estimates associated with elevating and adapting County roads to sea level rise warrant the community taking a closer look at becoming a charter county because a charter county has the legal authority to levy additional sales surtaxes that non-charter counties like Monroe lack. The most recent estimates for road elevation exceed $2 billion for the 150 miles of roads maintained by the County that have been identified as being vulnerable to seal level rise in the next 22 years. When similar municipally maintain roads are factored in, the total estimate rises to $3.67 billion. An endeavor with such an expensive cost estimate necessitates finding additional funding sources — other than increased property taxes —to defray the costs. While federal and state grants will be sought, those grants often require a local match. A Charter County Transportation System Surtax ("Transportation Surtax"), authorized by F.S. 212.055(1), would be one example of new source of locally raised dollars to assist with defraying the costs of a road adaptation project. This optional sales surtax is not available to non-charter counties Packet Pg. 2726 Q.5 unless that county participates in a regional transportation authority. Joining the South Florida Regional Transportation Authority (SFRTA)would syphon at least$4.235 million per year of the transportation surtax proceeds. F.S. F.S. 343.58(1) & (3). Joining the SFRTA would also leave Monroe County transportation decisions in the hands of a 10 person governing board that would be composed of a majority of members who live outside of the Florida Keys. F.S. 343.53(2). As the law is currently written, if the SFRTA were to expand its service area into Monroe County, Monroe would only be entitled to 20% membership on the governing body - 1 county commissioner and 1 non-commissioner resident appointed by the Governor. F.S. 343.53(2)(d) and F.S. 343.54(6). If Monroe County citizens adopt a county charter, Monroe County immediately becomes eligible to adopt the Transportation Surtax. That charter and surtax could not be imposed without approval of the voters at a general election. The next opportunity to do so would be in November of 2024. The Transportation Surtax would add up to an additional penny sales tax onto qualifying sales, similar to the infrastructure sales surtax. Using the infrastructure sales surtax as a guide, an additional penny would generate an estimated $55 million per year countywide, of which $33.36 million is distributed in the unincorporated areas. Under F.S. 212.055(1), the County could levy the Transportation Surtax for up to 30 years. By simple math alone, a levy that currently raises $33.4 million in the unincorporated area would yield just over $1 billion over 30 years. When the current$55 million countywide collection figure is multiplied by 30 years, the yield would be $1.65 billion. Those figures assume a steady amount of collections over the next 30 years, which is unlikely. Of course, not all of that money would be available up front. Should the decision be made to bond that revenue source once it goes into effect, the County's financial advisor suggested last year that the County's "upfront capacity" was $300 million if an additional one penny surtax were to be adopted. Experience has demonstrated that tourists pay approximately 65% of the sales tax in the County. When the County was closed to tourists in 2020 due to the pandemic, infrastructure sales surtax collections dropped by 65%. Adopting a Transportation Surtax would be a way of raising significant sums of money while imposing the majority of that tax burden on visitors, not local taxpayers. In addition to becoming eligible to adopt a Transportation Surtax, a Monroe County charter could potentially include at least some of the following: • A municipal utility tax per F.S. 166.231 • Term limits for county commissioners • Switch to a strong mayor or county executive form of government • Alter the term of office for commissioners from 4 years to some other time period • Switch to non-partisan elections for county commissioners. • Convert to single member districts. • Increase the number of county commissioners from 5 to some higher number. • Allow for preemption of city ordinances and comprehensive plans. • Allow for citizen initiatives to create and vote on proposed ordinances By statute, the mere adoption of a charter would provide citizens with the opportunity to petition for the recall of county commissioners, whereas that option is not available under current law to Packet Pg. 2727 Q.5 residents of non-charter counties. F.S. 100.361(1). Some counties adopt a simple charter in the beginning, a so-called "starter charter"; then adopt more comprehensive changes as time passes and circumstances warrant. A charter may provide for a charter commission to conduct a periodic review of the county operations and the charter and propose updates for consideration by the voters. In the past, the five county constitutional officers (Clerk, Property Appraiser, Sheriff, Supervisor of Elections, and Tax Collector) expressed concern that a charter could lead to limits on their independence if a charter abolished those offices and replaced them with charter offices subject to BOCC oversight. With the passage of Amendment 10 in 2018, that concern has been eliminated. See, Art. VIII, Section (1)(d) of the Florida Constitution. Under that amendment, county charters cannot abolish any constitutional officer or diminish that officer's duties and responsibilities. Eighteen of the twenty Florida counties that have adopted charters have populations greater than Monroe County. Since voters in 13 of the 14 most populated counties have adopted charters, over 75% of Floridians live in charter counties. Wakulla(est. 33,000) and Columbia(est. 70,000) counties are the two smaller counties that have also adopted charters. If the BOCC is interested in pursuing a charter, it can either: a)propose a BOCC drafted charter by ordinance; F.S. 125.82; or b) appoint an independent charter commission (11 to 15 members)to review county operations, hold hearings, then draft a charter. F.S. 125.61 —F.S. 125.64. In either circumstance, the voters would have to approve the charter by referendum. Note, the law also provides for a citizens initiative process to convene a charter commission. F.S. 125.61(1). The process is simpler if the Board proposes a charter by ordinance. Under that option, the BOCC would determine what provisions to include in the proposed charter. The public would have the opportunity to provide input on the proposed charter during the Board's normal legislative process. The Board would have the discretion to determine when to submit the charter to the voters for approval,potentially avoiding the expense of a special election. Creating a charter commission is the more complex and expensive option. The law authorizes a charter commission to conduct a review of county operations, hold public hearings, lease or purchase goods and equipment, as well as hire experts and staff. F.S. 125.62(1). County taxpayers would bear the expenses of a charter commission. F.S. 125.62(2). Charter commission members serve as volunteers. F.S. 125.62(1). The charter commission has up to 18 months to complete its work but the BOCC can extend that deadline. F.S. 125.63. Once the charter commission finalizes the proposed charter after public hearings, it submits the proposed charter to the BOCC. F.S. 125.63. The BOCC must then schedule an election within 45 to 90 days but appears to lack the ability to alter or amend the charter proposed by the charter commission. F.S. 125.64. There is a third option that merits mentioning. Monroe County is one of four counties (Miami-Dade, Duval, and Hillsborough are the others) that has the additional option of pursuing a charter under the Packet Pg. 2728 Q.5 Florida Constitution of 1885. See, Art. VIII, Section 6 of the 1968 Constitution,preserving Art. VIII, Section 10 of the 1885 Constitution. While this type of charter brings additional statutory authorities as set forth in F.S. 125.011 — 125.019 (e.g. operation and regulation of ports, transportation systems, etc.) and elsewhere in Florida Statutes (e.g. food& beverage tax, convention development tax, long term leases of county property), this option would appear to involve the Legislature approving the consolidation of the City of Key West and Monroe County. While this option provides for several unique powers not available to counties operating under charters adopted under the 1968 Constitution, this option would cause the most dramatic change to governance of the Florida Keys. More information on charter counties can be found at 1�tt;Fs://www.1"1 cca��t:ies.ccn�/c�� ae ccu��t:y;;;„ J t][2r�2atz of-. ............................................................................... PREVIOUS RELEVANT BOCC ACTION: Discussions but not action. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Staff recommends that the Commission authorize staff to draft a proposed simple charter that includes a provision that includes the levy of the transportation sales surtax as a starting point for further discussion by the Board and with the community. DOCUMENTATION: FINANCIAL IMPACT: Effective Date: n/a Expiration Date: n/a Total Dollar Value of Contract: n/a Total Cost to County: n/a Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: Packet Pg. 2729 Q.5 n/a REVIEWED BY: Bob Shillinger Completed 04/26/2023 6:37 PM Roman Gastesi Skipped 05/02/2023 8:20 AM Budget and Finance Completed 05/02/2023 8:46 AM Bob Shillinger Completed 05/02/2023 9:35 AM Purchasing Skipped 04/19/2023 3:27 PM Brian Bradley Skipped 04/19/2023 3:27 PM Lindsey Ballard Completed 05/02/2023 11:59 AM Board of County Commissioners Pending 05/17/2023 9:00 AM Packet Pg. 2730 uuuuuuuuuuuuuuuuuum IIIIIIIIIIVV�� irr��rd , �, � � � � +'' ,,,,� 6i'''i4�i uuuillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllli „� O��IT� ,�,�ii';;' �'11iNi�iiilllll�� lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll ill�lii�llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll iuu iuuuliuuiiiuuuuuuuuuuuuuuuuuuuuiiiiuuuuuuuuuuuuuuuuuuuiiiiuuuuuuuiiiii u ,� ii� �� Ih�i miiiuuuuuuuuuuuuuuuuuuuullluuuuuuuuuuuuuuuuuumlllluuuuuuuulli I IIIIIIIIIIIIIIIIIIIII 11lull IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1Nhat • Rell siliency II,� I,�III umu uuuuullllllllllllllllllllllllllllllllllllllllllllllllllllllllllll ...................... • Roads ��il II , I ,,,,,�,�,�,�„��,��I�� ull �� iiiuuuuuilllll!I!I!I!I! ! IIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII • Bridges � "�iiilll�ii"""iuuuuuiiiiii"'�� I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III I wllll��ll iiiiiuuuui li �� ,r, WIIIIIIIIIIIIII I�I� • �t �'lE'; miim I I I Iluuiiii' Ju ' I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII li uuuuuuuuuuuuuuuuuumillllllllllllinn�"��kt�"�s�"` -A W� OtSiuouo III 1. Roads (active) ($36nn� ; ip�llllll �111��IIII� �1%Illlllllllllllllllllllllll��l� ��ll�l�� iiiiiiiiii�i�i�iii�iililililil�il�il��lyltiltiltitil�� y�g a t 1�uuuuaau�1uuuuuuuuuuuuuuuuuiuuuu a. 5ands Subdivision Cwrre ��IIIIII�� ^ "T ^A ulll�� III�IIIII� �million b.7win Lakes: Curtemt esYi �,�� If��Jip �,kd� g� ii�ll Ii IIII��i�'�� C. Still,", right Poinl Ol�i � pli��p� U,� � '�y o LVS miilllbm 2. Roads (in the pipelGtne� ��wA ��q�^i �} i �IQ�I Ililllillllllllll , a. Co b.Winston Watenv gyp, y� '� ��h'�a,�d ��lill� for �esdi¢nMFINYW1�la 1 i�pI� II 1 I u uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuulluuuuuuuml $iSS mJLon uuu �I ��I �� llllllli°"" uuuuuiiIiu 111 8 PP I �i�� ° I111N�11111111111111111111U�11111111111111111�1111111111�11111111�11111111111111111111111111111111111111111 uuu )1 c. ei Co ittlt psCl � ^�I �� 1 Ing r �tesi I�en4A o1W '� 25 million �i„�,,�� ;�, jl�Mi i�l�i �iiillllllm�lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll d. Remaining ruaA � ��' I � �� I�� "�' 20�30 estl�meitllY �' yVlll�➢B �i ',Ull�l � I � �II��IIIII��I��I� I�IIIII�I��II�I IIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII� uuuuuuuuuuuuuuuuuuumuuulllllluui�� •�'�'% �� N/ at S i u o�� II �I�III � � �i�i0000000iioiiiiii 3. Bridges ($68 a. Sugarloaf: b. Similar Sound estima �� `��' �Ill��di�l l�l� �l�li�ii Ill��llli� C. Card Sound: g -(�µ�II�� III��IUII�� iilllllllll �; ll��l��i�i�ullllll��lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Some Bid- .......... a. Sammy'sCceekY} � III i�l il�� I�W� � illllll' I�Illwuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu �` �� miimmfuuuuuuuuuuuuuuuuiGuuuuuuuuuuuuuuuuuuuuiGuuuuuuuui. b. Gei4erKeyt�rdd i,� ,s �;�', �' `�� uuubuo?'llfl�'�uuuuuuuuuuuuuuuuuuiu;;iuuuuuuuuuuuuuuuuuuuu;;iuuuuuuuiu c. NNK bridge se ii „�pwS"R�(t�� , eMtf�'LI�yIIIS $2pj1�1111Ham alhmopt same lengthi�� I � �� lii � ��"I'� � i i i i i IIIIIIIIIIIIUIIiuy I „ � i lull �� 11lull � uuuuuuuuuuuuu ui uuuuuuu �� uuuuuuuuuuuuuuuuuuumuuulllllluuii�� ` °' W at $ � u ouo iin i ii IIIIIIIII «««µ� iillll lu � Illlllll�lll�ll�liliiiilllililiiiiiiii�i Other Major" Items 5z4�M1�� III$„��,II�YI �Iliilili��;i�lll�lllllllj � "'lull i IIIIIIIIIIIIWiiii iijpp°��iillllll I. Trauma5tar ($53 milhom) �� ,��qJR�� t i � ��Illllll� � iiiiulllll Ali "' II I I w u uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu 2. Still paying off sewerd i i iil l�� ipiiill'lIllllllU � � ':IIII $12M/ a. yrthru ¢02�iillllllllllllll �� llllll��l�l �i�l�l��l��l�i b. 5101M/yr 2f1R6 I iiiiiill �l�l� ii �Illllli�iuliui�i�uuu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu t. S9.4M � zm3v�� " �� iiiiiI �� i � ��uuiuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuui /P � jj�i �yIII�II�I II�II�IA'y �ii 3. 2014/16 Ca itellllkl'� �a k yy 4. Seven Mile Brtid�p I ��c^� � I �lliillliiliil S. Increasing Insiura �� III � II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII '��III!ul ��I IIIIIIII�IIIII�I�I��I�I�I�I I I I II II��I IIIIIIIIIIII �� uuuuuuuuuuuuuuuuuuumuuullllllu�� s�a a Going n ' 1. s% 6% ofmitialca pllllll�� IIIIIIII,�I�I��IIIIIII�I � � �I� � �I � � ��I�IIIIIIIIIIIIIII�IIIIIII inflation,2. Exam le....................... s �� q vi;; "''I�IIj'illll��l�l�l�l�l�llllll��llllllllll�ll�l�l�llllllllllllllllllllllllllllllllllllll P III IIIIIII �,,,�,�,��uuuul!II,iiuuuu��llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll a. PKCH & Ja�lumul� �N��M��j�IliWliilwjil�l�� uuuuuulllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll b. EOC �FY25)��« 5 ,� ,��Npq�,�� ,� h �'��iiii � � c. Pum 5 un� � P� ui�iilllll��l�llllllullllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll d. IO20171��YNYIIi��,� ��I� ,� �Nll��l �ll�l�lllllllll��"��1�'�� W�nnnnnnnni II,�i � N�� `lim� MHIICCIII�(��Ituuuuuuuuuuiiiiiiuuuuuu6iiii 5oara°"'� �„�Illiiilllllllllllllllllll�llll�IIIIII�IIII�I�II�Illlrllllllllllllllllllllllllllll�llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllli�� uuuuuuuuuuuumuuu ni�quU�6 �J '� -� Wfat '$ t e II � PI �� IIOl�hhllliu�� 1. Additional sales tax � I I � II� a. 33% P ai Y � iiii �ll �illl iiipii�llllllliiii�illllllllll�il°Ilj%I��I�� I d b residemd5 � i iliiiiii � � � � �� I �III ui b. Added penny wortMl�'��q ' 'i' d � � °m�l�lllllllllllllllllllllllllllllllllllllllllllll 2. Shed expenses lil lill��luuulilililil �i�iiii lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll a. Self-insure (do�t �ji �i},�wl��,{�, � �� i i(III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII b. Only 3. Non ad valorem��¢�� yI� '�i,E��Si (((� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ""'liii�il��lu i ��Uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum, 4. Increase b. Raises tine ��^ Illl�l�l�ilil��lw� I��I�A��uuuuuuuumiuuuuum�»a. uuuuuuuuuuuuuuuuuuumlllllllllllVV��uirr��d ��u r i1°0°I�p11°��m��°IIIIIIIIIIIIIIIIII III I III I ;'��iiiiiui � ' hill IIIIIIIIIIIIIIIIIIIII)IIIII,I,JJJIJJJ)IIIIIIIIIIIIIIIIII�I �� I III iylffim � ioiiiii . . . uuuuuu l�� IIIII IIIII IIIII II ��I��,, i � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII illl ��,,� � �ilu� i�l�'��i"" , � � � yoIluiliilP�llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll, uuui �llllililiiiiiii � Ilhh � u� iliiiiwlluuuuuuu IIIII�iiiiilllliiliuuii�iiiiilillillllllllllllllllllllllllllllllllllllllllllllllll