Item Q8 Qg
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: Q8
2023-1659
BULK ITEM: No DEPARTMENT: Fire Rescue
TIME APPROXIMATE: STAFF CONTACT: MCFR Fire Chief James Callahan 305-
289-6088
AGENDA ITEM WORDING: A public hearing to consider an ordinance amending section 22-129
of the Monroe County Code to allow for and to grant purchasing authority to the Fire and Ambulance
District 1 Board of Governors' designee.
ITEM BACKGROUND:
At the regular meeting held on September 20, 2023, the BOCC approved a Request to Advertise a
Public hearing to amend Monroe County Code Section 22-129 to allow for a designee and to grant
purchasing authority to the Board of Governors of Monroe County Fire and Ambulance District 1's
designee.
The District routinely makes purchases in conjunction with Monroe County Fire Rescue and currently
Monroe County Fire Rescue is able to make purchases by utilizing the purchasing authority granted to
the County Administrator, Assistant County Administrator or Purchasing Director which streamlines
the purchasing process for certain goods and services. However, Fire Rescue is currently unable to
utilize the same purchasing process when utilizing Fire and Ambulance District 1 funds and requires the
Board of Governors to convene to approve the same purchases that Fire Rescue is able to purchase
when utilizing non-district funds as allowed by Monroe County's Purchasing Policy. The Board of
Governors and Fire Rescue desire to eliminate the delay of certain purchases that are within the
purchasing authority of the County Administrator, Assistant County Administrator or Purchasing
Director by delegating the same purchasing authority to the County Administrator, Assistant County
Administrator or Purchasing Director when utilizing District 1 funds.
A Business Impact Estimate has been prepared in accordance with F.S. 125.66(3).
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION:
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DOCUMENTATION:
Business Impact Estimate BOG designee.pdf
Amending Ordinance 4-2022.pdf
FINANCIAL IMPACT:
This Ordinance amendment has no fiscal impact.
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BUSINESS IMPACT ESTIMATE!
Meeting Date: October 18,2023
The Proposed Ordinance❑ does ®does not fall under one of the following enumerated exceptions:?
❑ The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,including revenue
sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including, but not
limited to, any Federal, State, local, or private grant or other financial assistance accepted by the
County;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal
planning, and land development regulation, including zoning, development orders,
development agreements and development permits;
b. Sections 190.005 and 190.046,Florida Statutes,regarding community development districts;
c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or
d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
The proposed ordinance amends the current language to grant purchasing authority to the Fire and
Ambulance District 1 Board of Governors or their designee.Currently the ordinance does not allow for a
designee to be appointed thus all matters must be brought before,and approved by,the Board of Governors.
Monroe County Code Section 2-58 and the County's purchasing policy grants authority to the County
Administrator to sign contracts for purchases up to$100,000 but when Fire Rescue makes a purchase that
will also utilize BOG funds,that same item must be voted on by the BOG.Amending the ordinance to allow for
the BOG to appoint a designee would streamline small contract purchases and allow the designee to sign on
behalf of the BOG just as the County Administrator does on behalf of the BOCC.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:The proposed ordinance does not add enforcement or
compliance requirements and therefore there are no additional costs.
b. New Charges/Fees on Businesses Impacted:The proposed ordinance does not add any fees or charges.
c. Estimate of Regulatory Costs:None.
Good Faith Estimate of Number of Businesses Likely Impacted:No businesses will be adversely impacted by
this ordinance but relevant vendors may benefit from the expedited process this ordinance will establish.
Any Additional Information:
Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
2 F.S.125.66(3)(c)
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ORDINANCE -2023
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA,AMENDING SECTION 22-129 OF ARTICLE VI
OTHER MUNICIPAL SERVICE TAXING UNITS IN CHAPTER 22 SPECIAL
DISTRICTS, OF THE MONROE COUNTY CODE GRANTING PURCHASING
AUTHORITY TO THE FIRE AND AMBULANCE DISTRICT 1 BOARD OF
GOVERNORS OR THEIR DESIGNEE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County (`BOCC"), Florida, is
authorized by Article VIII of the Florida Constitution and Chapter 125,Florida Statutes,to adopt ordinances
not inconsistent with general law; and
WHEREAS, Section 125.01(1)(q), Florida Statutes, grants to counties the authority to establish
and abolish municipal service taxing units for the provision of numerous municipal services; and
WHEREAS, the Board of County Commissioners established the Fire and Ambulance District 1
for the purpose of providing fire protection and ambulance services;and
WHEREAS, Monroe County Fire Department (MCFR) is currently unable to utilize the same
purchasing process when utilizing Fire and Ambulance District 1 funds (District 1 Funds) as when using
non District 1 Funds because the current process requires the Board of Governors to convene and approve
any and all purchases using District 1 funds regardless of the amount; and
WHEREAS, oftentimes this process utilizing District 1 funds can result in up to several weeks of
delay which can lead to inefficiencies and delays in making necessary purchases; and
WHEREAS, the Board desires to eliminate the delay of certain purchases that are within the
purchasing authority of the County Administrator, Assistant County Administrator or Purchasing Director
by delegating the same purchasing authority to the Fire Chief of MCFR when utilizing District 1 funds;and
WHEREAS, the Monroe County Board of County Commissioners finds that it is necessary to
amend Monroe County Code Section 22-129 to grant purchasing authority to the Fire and Ambulance
District 1 Board of Governors or their designee;and
WHEREAS, amending Monroe County Code Section 22-129 will promote efficiency within
Monroe County Fire Rescue when making certain purchases.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION l: Section 22-129 of Article VI Other Municipal Service Taxing Units of Chapter 22
Special Districts shall be created to re-adopt Ordinance 31-1988, as amended by Ordinance 33-1996 and
Ordinance 4-2002, and as amended herein to read as follows:
Section 22-129. Fire and Ambulance District 1 created.
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(a)District created. Pursuant to the authority granted in Chapter 125, Laws of Florida, and Article
7, Sec. 9(b), Florida Constitution, and pursuant to the procedure of F.S. 165.041, there is hereby
created a municipal service taxing district for the purpose of providing the following essential
municipal services:
1) Ambulance service; and
2) Fire service.
In carrying out the purposes described in this Ordinance,the District shall be financed from
ad valorem taxes collected solely within the District.
On or before September 30 of each year,the Chief of Monroe County Fire and Rescue shall
provide an annual written report to the Commission stating the ambulance rates being charged along
with a written proposal for any requested rate changes.
All ambulance rates charged by Monroe County Fire Rescue shall be established by
Resolution, and shall be subject to approval by the Board of County Commissioners and the Board
of Governors of Fire and Ambulance District 1. Such fees may only be expended by the District for
the District purposes set forth in this Ordinance
(b) Name of District/District Boundaries. The District shall be known as Fire and Ambulance
District 1 and shall include the following areas: All of unincorporated Monroe County,Florida; the
City of Layton; the City of Key Colony Beach; and, excluding Ocean Reef and those areas
encompassed within the Key Largo Fire Rescue and Emergency Services District.
(c) Composition/Designation of Governing Body.
1) The cities of Key Colony Beach and Layton shall be included in Fire and Ambulance
District 1 by passing a city ordinance approving such inclusion by the 1st of July immediately prior
to the commencement of the fiscal year for which the cities wish to be included. Alternatively, the
cities may obtain fire and ambulance service from the district by interlocal agreement.However,in
the event an interlocal agreement is entered into between the district and a municipality, such
agreement shall include an express provision as to how such municipality shall pay for its
participation in the district which may be either from funds derived from service charges, special
assessments or taxes imposed within such municipality or from budgetary payments made in the
due course of law from such municipality to the district.
2) Upon the passage of such an ordinance by one of the cities, the governing body of the
District shall consist of four members of the board of county commissioners and one member of
the governing body of the city;if both cities elect to become part of the district,the governing body
of the district shall consist of three members of the board of county commissioners and one member
from each of the cities. In either case, the county and city(ies) shall designate their representatives
on the district governing body by resolution. If none of the cities choose to be included within the
District, the chairman of the board of county commissioners shall be the chairman of the district
governing body. If any of the cities choose to be included, the chairman shall be elected by the
district governing body for a one year term,which may be successive.Three members of the District
governing body constitute a quorum. A majority quorum shall be necessary for the transaction if
business.
(d) Governing Body Powers.
1) The governing body of the District shall have all the power of a body corporate,
including the power to enter into interlocal agreements pursuant to Chapter 163, Florida Statutes,
including interlocal agreements to provide fire and ambulance service to the Cities of Key Colony
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Beach and Layton; to contract on behalf of the District; to sue and be sued; to adopt and use a
common seal and to alter the same at pleasure; to acquire, by either gift or purchase, lease and
convey real estate and personal property,including equipment,and except as such transactions may
be limited herein, as the governing body may deem proper or expedient to carry out District
purposes; to employ such experts, agencies and employees as the governing body may deem
advisable; and to borrow money and to issue negotiable promissory notes and certificates of
indebtedness as hereinafter provided. In order to carry out the purposes enumerated in this
Ordinance, the District may exercise the powers, including implied powers, granted by all
applicable general and special laws, ordinances, and resolutions.
2) The governing body shall have the power to acquire any real or personal property using
installment or deferred payments, but only to the extent that such are lawful under Article VII,
Sections 10 and 12, Florida Constitution, and any general or special law implementing the same.
3) The governing body, in order to carry out the purposes of the District, is authorized to
borrow money and issue certificates of indebtedness therefor,upon such terms and at such ratesof
interest as the governing body may deem advisable in accordance with Article VII, Section 12,
Florida Constitution, the implementing statutes, Chapter 125, Laws of Florida, and any other
applicable general or special law. The certificates of indebtedness may be a charge upon all
revenues derived from taxes in that fiscal year or may be made payable from budgetary requirement
in due course of law, as the governing body may elect.
4) The governing body, when it deems it advisable, is authorized to acquire by gift or
purchase, and to pay the purchase price for,the services of independent contractors for the purpose
of carrying out any of the functions described in Section 2 of this Ordinance, only limited to the
extent that the purchase or gift is controlled by general or special law. The governing body shall
also have the authority to hire such personnel as the body deems advisable and to prescribe rules
and regulations pertaining thereto so long as the same is not inconsistent with general or special
law.
(e) Clerk of Court/Comptroller. The Clerk of the Circuit Court and Comptroller, Sixteenth Judicial
Circuit of the State of Florida, as ex officio Clerk of the Board of County Commissioners, shall be
ex officio clerk,auditor,recorder of the minutes and accounts,and custodian of the District's funds.
The members of the governing body shall not receive additional compensation for their service as
members. The books of the District shall be audited by the same officers and in a like manner as
the books of other County officers and departments in conformance with applicable general law.
(f) Deposit/Handling of Funds. The District funds shall be deposited in the name of the District in
a bank authorized to receive deposits of County funds, which bank shall be designated by a
Resolution of the governing body. Such designation of the bank for the deposit of funds therein
shall be the exercise of due care and diligence on the part of the Clerk of the safekeeping of said
funds. No funds of the District shall be paid or distributed save and except by warrant, signed by
the Chairman of the governing o sped V).V dic �"_je t°V� No warrant shall be
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drawn or issued against the funds of the District. except for gthe purposes authorized by this Article,
and no such warrants against the funds of the District shall be drawn or issued until after the account
or expenditure for which the same is to be given in payment has been ordered and approved by the
governing body.
(g) Use of Funds. The District funds shall only be expended for the following purposes:
1) The governing body is authorized to pay from the funds of the District all expenses
necessarily incurred in the formation of the District;
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2)The administration of the affairs and business of the District authorized by the governing
body, gE ups d� ',gUC JS JUfliotized V)Y...��CS bVa�„p cm Ncb, 20231
3) The purchase, construction, care, upkeep, maintenance and operation of such real and
personal property,including fixtures,necessary for carrying out the purposes of the District as
stated in this Ordinance as authorized y the governing body g uGs
4) Compensation for the employees of the District and for all consultants and other outside
experts and staff as authorized by the governing body gE uG s d"'
5) The repayment of all debts lawfully incurred whether authorized by the terms of this
Ordinance or by general or special law;
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(h)Levy of Taxes.
1) The governing body of the District is authorized and empowered and directed annually
to levy upon all the real and personal taxable property in the District, including participating
municipalities, a sufficient tax to pay all necessary costs, of whatever type, including capital
expenditures, as authorized by this Article within the limits fixed for municipal purposes for
municipal service taxing units under Article VII, Section 9(b), Florida Constitution and Chapter
125, Florida Statutes.
2) The levy by the governing body of the taxes authorized by any provision of this Article
shall be by Resolution of such body duly entered upon the minutes of the body. Millage shall 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 shall be
the duty of the County Commissioners to order and require the County Property Appraiser to assess,
and the County Tax Collector,to collect,the amount of taxes so assessed or levied by the Board of
County Commissioners of the District upon the taxable property in the District at the rate of taxation
adopted by said Board of Commissioners of the District for such year and included in the warrant
of the Property Assessor and attached to the assessment roll of taxes for such year and included in
the warrant of the Property Assessor and attached to the assessment roll of taxes for this County
each year. The Tax Collector of the County shall collect such tax so levied by such Board in the
same manner as other taxes are collected, and shall pay the same over to the governing body of the
District, levied upon within the time and in the manner prescribed by law for the payment of the
Tax Collector of County taxes and shall be held by such body and paid out to this as provided in
this Article. Tax certificates and tax deeds shall be issued for all delinquent properties in
accordance and in like manner as the same are authorized to be issued by Chapter 197 of the Florida
Statutes and other general and special laws regulating the issuance of same for nonpayment of
delinquent County and ad valorem taxes.
3) It is herein and hereby determined that the municipal service taxes herein provided for
those services enumerated in sub-section (a) above are municipal assessments for municipal or
peculiar benefits accruing to the properties within the District against which properties such levies
are directed to be made.It is also herein and hereby found,determined and declared that the services
enumerated in sub-section(a) above are public purposes and essential municipal services under the
terms of Florida Statutes, Section 125.01(1)(q).
(1)Referendum Required. Prior to the imposition of an ad valorem levy to be pledged for any form
of indebtedness as described in Article VII, Section 12, Florida Constitution, or when otherwise
required by general or special law, a referendum election must be held and passed favorably by a
majority of those electors voting in the election. The procedure shall be as follows:
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1) The Board of County Commissioners, by Resolution, shall request that the Supervisor
of Elections conduct a referendum election within the territorial boundary of the District. In
addition, the election procedure, including notice and the form of the ballot question, shall be in a
manner conforming to general law.
2) The proposed levy or purchase request shall be deemed to have passed when a majority
of the electors voting in the referendum election shall have voted for the levy or levies described in
the ballot.
3) The proposed levy, if authorized by the electors and thereafter levied by the Board of
County Commissioners, shall only be used for the purposes set forth on the ballot.
0)Duties.
1) The officers of the District governing body shall have the duties,whether mandated by
statute or common law,usually pertaining to,vested in, and incumbent upon like officers. A record
shall be kept of all meetings of the governing body. The governing body may adopt the rules and
regulations it deems necessary in and about the transaction of its business and in carrying out the
provisions of this Article.
2) The governing body of the District shall,on or before the first day of November,or such
other date as may be required by general or special law, make an annual report of its actions and
accounting of its funds as of the thirtieth day of September of each year in accordance with the
provisions of general and special law and in the same manner as is required by other County
departments and agencies. The report shall be filed in the Office of the Clerk of the Circuit Court
of the Sixteenth Judicial Circuit, whose duty shall be to receive and file such report and keep the
same as a public record.
3) The fiscal year of the District is hereby fixed as commencing on the first of October and
ending on the thirtieth day of September.
(k) Volunteers. Volunteers of the District shall be entitled to reimbursement of expenses pursuant
to Section 2-260, et seq., Monroe County Code.
SECTION 2: SEVERABILITY. 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. 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 3: 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 4: 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 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the
Department of State and shall be effective as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting held on the day of October, 2023.
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Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein
Commissioner Michelle Lincoln
Commissioner Jim Scholl
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
BY: BY:
Deputy Clerk Mayor/Chairman
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