Item P3 P3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
December 13, 2023
Agenda Item Number: P3
2023-1803
BULK ITEM: No DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
Public Hearing
AGENDA ITEM WORDING: A public hearing to consider approval of a resolution of Monroe
County Board of County Commissioners electing to use the uniform method of collecting non-ad
valorem special assessments levied within the County toward the cost of providing capital costs and/or
operations and maintenance costs for roadway improvements, flood mitigation projects and addressing
sea level rise projects for the Twin Lakes subdivision in Key Largo, located within unincorporated
Monroe County.
ITEM BACKGROUND:
The purpose of this "Notice of Intent"resolution is to announce the County's potential intent to collect
special assessments to cover capital costs and/or operations & maintenance costs for roadway
improvements, sea level rise and flood mitigation projects in the Twin Lakes area in Key Largo located
in unincorporated Monroe County. The resolution is statutorily required under F.S. 197.3632(3)(a) if
the County desires to preserve its right to collect the assessments beginning in November 2024.
The County may at its option decide not to move forward with the assessment program until later. By
adopting the attached resolution in December 2023, the County is reserving the right to use the tax bill
collection method beginning in November 2024. Collection of the assessment cannot occur without
further approval of Initial and Final assessment resolutions in the spring/summer of 2024. Those
assessment resolutions would contain (a) a specific list of properties to be assessed, and(b) the amount
of the assessment for each property.
The Monroe County Board of County Commissioners has previously approved the design and
construction of two sea level rise pilot projects in Twin Lakes and Sands Subdivision to lessen the
frequency and severity of flooding and decrease predicted flood damage. The objective of the pilot
program was to test the efficacy of technologies (or combinations thereof) and use the projects as a
predictor for the cost and benefits to be achieved.
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As the County proceeds with the Countywide Roads Vulnerability Sea Level Rise Adaptation Study,
various roadway areas are being identified for adaptation improvements to mitigate flooding.
The property owners on the roads where work may be performed will realize benefits as a result of any
roads adaptation work, including but not limited to decreases in road flooding and maintaining access
to their homes.
The County is authorized under Section 125.01(1)(q) to establish municipal service benefit units within
all or any part of the county, within which may be provided essential facilities from funds derived from
special assessments on the properties located within the municipal service benefit unit(MSBU). Road
adaptation work falls within the definition of"other essential facilities and municipal services."
Staff hereby requests approval of the resolution announcing the County's intent to collect non-ad
valorem special assessments from various properties on the tax bill beginning in November 2024.
PREVIOUS RELEVANT BOCC ACTION:
November 17, 2020: Presentation, discussion and direction regarding a potential special assessment
program for the Key Largo Twin Lakes Subdivision and Big Pine Key Sands Subdivision sea level rise
roads adaptation pilot projects. [Commissioners directed staff to proceed with an MSBU to fund capital
costs and operations and maintenance for county-maintained roads in Monroe County.
December 9, 2020: A public hearing to consider approval of a resolution of Monroe County Board of
County Commissioners electing to use the uniform method of collecting non-ad valorem special
assessments levied within the County toward the cost of providing capital costs and operations and
maintenance costs for roadway improvements related to sea level rise located within Monroe County.
February 17, 2021: Board of County Commissioners adopted Ordinance No. 002-2021, the Sea Level
Rise and Flood Mitigation Program, Assessment Ordinance.
December 8, 2021: A public hearing to consider approval of a resolution of Monroe County Board of
County Commissioners electing to use the uniform method of collecting non-ad valorem special
assessments levied within the County toward the cost of providing capital costs and operations and
maintenance costs for road for roadway improvements and sea level rise and flood mitigation projects
located within Monroe County.
December 7, 2022: A public hearing to consider approval of a resolution of Monroe County Board of
County Commissioners electing to use the uniform method of collecting non-ad valorem special
assessments levied within the County toward the cost of providing capital costs and operations and
maintenance costs for roadway improvements and sea level rise and flood mitigation projects located
within Monroe County.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
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DOCUMENTATION:
Ordinance 002-2021-I.pdf
Twin—Lak-es—Notice—of Intent—Resolution---final—with—affidavit.pdf
FINANCIAL IMPACT:
Effective Date: N/A Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: TBD Current Year Portion: $0
Budgeted: TBD Source of Funds: Potential MSBU
CPI: N/A Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: TBD
Revenue Producing: TBD If yes, amount:
Grant: N/A County Match: TBD
Insurance Required: No
Additional Details:
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MONROE COUNTY, FLORIDA
ORDINANCE NO. 002 - 2021
SEA LEVEL RISE AND FLOOD MITIGATION
PROGRAM, ASSESSMENT ORDINANCE
ADOPTED February 17 , 2021
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ORDINANCE NO. 002 - 2021
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, RELATING TO THE
IMPOSITION OF SPECIAL ASSESSMENTS FOR A SEA LEVEL
RISE AND FLOOD MITIGATION PROGRAM; CREATING AND
ESTABLISHING A MONROE COUNTY ROADWAY
IMPROVEMENT AND SEA LEVEL RISE AND FLOOD MITIGATION
PROGRAM MUNICIPAL SERVICE BENEFIT UNIT ("MSBU") TO
FINANCE THE IMPROVEMENTS; AUTHORIZING THE
IMPOSITION AND COLLECTION OF ASSESSMENTS AGAINST
PROPERTY WITHIN THE UNINCORPORATED AREA OF
MONROE COUNTY AND SUBJECT TO THE CONSENT BY
ORDINANCE OF THE GOVERNING BOARD OF ANY AFFECTED
MUNICIPALITY THE MSBU MAY INCLUDE THE BOUNDARIES OF
A MUNCIPALITY; ESTABLISHING THE PROCEDURES FOR
IMPOSING ASSESSMENTS; ESTABLISHING PROCEDURES FOR
NOTICE AND ADOPTION OF ASSESSMENT ROLLS; PROVIDING
THAT ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED
PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLL;
PROVIDING THAT THE LIEN FOR AN ASSESSMENT
COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635,
FLORIDA STATUTES, UPON PERFECTION, SHALL ATTACH TO
THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE
FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED
LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS
OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES
AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL
OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS;
AUTHORIZING EXEMPTIONS AND HARDSHIP ASSISTANCE;
PROVIDING PROCEDURES FOR COLLECTION OF
ASSESSMENTS; AUTHORIZING THE ISSUANCE OF
OBLIGATIONS SECURED BY ASSESSMENTS AND PROVIDING
FOR THE TERMS THEREOF; PROVIDING THAT THE COUNTY'S
TAXING POWER SHALL NOT BE PLEDGED; PROVIDING
REMEDIES; DEEMING THAT PLEDGED REVENUES SHALL BE
CONSIDERED TRUST FUNDS; PROVIDING FOR THE
REFUNDING OF OBLIGATIONS; PROVIDING THAT THIS
ORDINANCE IS AN ALTERNATIVE MEANS OF
IMPLEMENTATION AND FOR SEVERABILITY; PROVIDING FOR
THIS ORDINANCE TO BE LIBERALLY CONSTRUED; PROVIDING
FOR CONFLICTS AND CODIFICATION; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following
words and terms shall have the following meanings, unless the context clearly otherwise
requires:
"Annual Rate Resolution" means the resolution described in Section 3.08
establishing the rate at which an annual Road Improvement and Sea Level Rise and
Flood Mitigation Program assessment for a specific year shall be computed. The final
assessment resolution shall constitute the annual rate resolution for the initial fiscal year
in which an annual Road Improvement and Sea Level Rise and Flood Mitigation
Program Assessment is imposed or reimposed.
"Assessed Property" means all parcels of land included on the Assessment Roll
that receive a special benefit from the delivery of the service, facility or program or
provision of a Local Improvement identified in the Initial Assessment Resolution.
"Assessment" means a special assessment imposed by the County pursuant to
this Ordinance to fund the Capital Cost or Project Cost, if obligations are issued, of Local
Improvements or the Service Cost of services, that provide a special benefit to property
as a consequence of a logical relationship to the value, use, or characteristics of property
identified in an Initial Assessment Resolution. The term "Assessment" shall include
Capital Assessments and Service Assessments.
"Assessment Area" means any of the areas created by resolution of the Board
pursuant to Section 2.02 hereof, that specially benefit from a Local Improvement or
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service, facility, or program.
"Assessment Roll" means the special assessment roll relating to an Assessment
approved by a Final Assessment Resolution pursuant to Section 3.06 hereof or an Annual
Rate Resolution pursuant to Section 3.08 hereof.
"Assessment Unit" means the unit or criteria utilized to determine the
Assessment for each parcel of property, as set forth in the Initial Assessment Resolution.
"Assessment Units" may include, by way of example only and not limitation, one or a
combination of the following: platted lots or parcels of record, vested lots, land area,
improvement area, equivalent residential connections, equivalent residential units,
permitted land use, trip generation rates, front footage, rights to future trip generation
capacity under applicable concurrency management regulations, property value or any
other physical characteristic or reasonably expected use of the property that has a logical
relationship to the Local Improvement or service to be funded from proceeds of the
Assessment.
"Board" means the Board of County Commissioners of the County.
"Capital Assessment" means a special assessment imposed by the County
pursuant to this Ordinance to fund the Capital Cost or Project Cost, if obligations are
issued, of Local Improvements that provide a special benefit to property as a
consequence of a logical relationship to the value, use, or characteristics of property
identified in an Initial Assessment Resolution.
"Capital Cost" means all or any portion of the expenses that are properly
attributable to the acquisition, design, construction, installation, reconstruction, renewal
or replacement (including demolition, environmental mitigation and relocation) of Local
Improvements and imposition of the related Assessments under generally accepted
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accounting principles, and including reimbursement to the County for any funds advanced
for Capital Cost and interest on any interfund or intrafund loan for such purposes.
"Clerk" shall mean the clerk of the circuit court for the county, ex-officio clerk of
the board, or such other person as may be duly authorized to act on such person's behalf.
"County" means Monroe County, Florida.
"County Administrator" means the chief administrative officer of the County, or
such person's designee.
"Final Assessment Resolution" means the resolution described in Sections 3.06
hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which
shall be the final proceeding for the initial imposition of an Assessment. "Fiscal Year"
means that period commencing October 1 st of each year and continuing through the next
succeeding September 30th, or such other period as may be prescribed by law as the
fiscal year for the County.
"Government Property" means property owned by the United States of America
or any agency thereof, the State of Florida or any agency thereof, a county, a special
district or a municipal corporation.
"Initial Assessment Resolution" means the resolution described in Sections
3.02 hereof which shall be the initial proceeding for the identification of the service, facility,
program, or Local Improvement for which an Assessment is to be made and for the
imposition of an Assessment.
"Local Improvement" means a Roadway Improvement and Sea Level Rise and
Flood Mitigation improvement project that has been constructed or installed by the County
for the special benefit of a neighborhood or other Assessment Area.
"Maximum Assessment Rate" means the maximum rate of assessment
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established by the Final Assessment Resolution for the service, facility, program, or Local
Improvement identified in the Initial Assessment Resolution.
"Obligations" means bonds or other evidence of indebtedness including but not
limited to, notes, commercial paper, capital leases, reimbursable advances by the County,
or any other obligation issued or incurred to finance any portion of the Project Cost of
Local Improvements and secured, in whole or in part, by proceeds of the Assessments.
"Ordinance" means this Ordinance, as it may be amended from time-to-time.
"Owner" shall mean the Person reflected as the owner of Assessed Property on
the Tax Roll.
"Person" means any individual, partnership, firm, organization, corporation,
association, or any other legal entity, whether singular or plural, masculine or feminine,
as the context may require.
"Pledged Revenue" means, as to any series of Obligations, (A) the proceeds of
such Obligations, including investment earnings, (B) proceeds of the Assessments
pledged to secure the payment of such Obligations, and (C) any other legally available
non-ad valorem revenue pledged, at the Board's sole option, to secure the payment of
such Obligations, as specified by the ordinance or resolution authorizing such
Obligations.
"Preliminary Rate" means the rates published for adoption as described in
Section 3.08 hereof initiating the annual process for updating the annual Assessment Roll
and directing the reimposition of Assessments pursuant to an Annual Rate Resolution.
"Project Cost" means (A) the Capital Cost of a Local Improvement, (B) the
Transaction Cost associated with the Obligations which financed the Local Improvement,
(C) interest accruing on such Obligations for such period of time as the Board deems
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appropriate, (D) the debt service reserve fund or account, if any, established for the
Obligations which financed the Local Improvement, and (E) any other costs or expenses
related thereto.
"Property Appraiser" means the Property Appraiser of Monroe County.
"Resolution of Intent" means the resolution expressing the Board's intent to
collect assessments on the ad valorem tax bill required by the Uniform Assessment
Collection Act.
"Service Assessment" means a special assessment imposed by the County
pursuant to this Ordinance to fund the Service Cost of services that provide a special
benefit to property as a consequence of a logical relationship to the value, use, or
characteristics of property identified in an Initial Assessment Resolution.
"Service Cost" means all or any portion of the expenses that are properly
attributable to operations and maintenance of a Local Improvement and imposition and
collection of related Assessments under generally accepted accounting principles.
"Tax Collector" means the Tax Collector of Monroe County.
"Tax Roll" means the real property ad valorem tax assessment roll maintained by
the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Transaction Cost" means the costs, fees and expenses incurred by the County
in connection with the issuance and sale of any series of Obligations, including but not
limited to (A) rating agency and other financing fees; (B) the fees and disbursements of
bond counsel; (C) the underwriters' discount; (D) the fees and disbursements of the
County's financial advisor; (E) the costs of preparing and printing the Obligations, the
preliminary official statement, the final official statement, and all other documentation
supporting issuance of the Obligations; (F) the fees payable in respect of any municipal
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bond insurance policy; (G) administrative, development, credit review, and all other fees
associated with any pooled commercial paper or similar interim financing program; and
(H) any other costs of a similar nature incurred in connection with issuance of such
Obligations.
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635,
Florida Statutes, as amended from time-to-time, or any successor statutes authorizing
the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and
any applicable regulations promulgated thereunder.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number, and vice versa; the terms
"hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this
Ordinance; and the term "hereafter" means after, and the term "heretofore" means before
the effective date of this Ordinance. Words of any gender include the correlative words
of the other genders, unless the context indicates otherwise.
SECTION 1.03. FINDINGS.
It is hereby ascertained, determined, and declared that:
(A) Pursuant to Article Vill, section 1, Florida Constitution, and sections 125.01
and 125.66, Florida Statutes, the County has all powers of local self-government to
perform county functions and to render county and municipal services in a manner not
inconsistent with law and such power may be exercised by the enactment of county
ordinances, including but not limited to the power pursuant to Section 125.01, Florida
Statutes, to establish municipal service benefit units to provide recreation, transportation
and other essential facilities.
(B) The Assessments to be imposed pursuant to this Ordinance shall constitute
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non-ad valorem assessments within the meaning and intent of the Uniform Assessment
Collection Act.
(C) The Assessments to be imposed pursuant to this Ordinance are imposed by
the Board, not the Property Appraiser or Tax Collector. The duties of the Property
Appraiser and Tax Collector under the Uniform Assessment Collection Act are ministerial.
(D) The purposes of this Ordinance are to: (1) provide procedures and standards
for the imposition of Assessments within the County by resolution under the general home
rule powers of a county to impose special assessments; and (2) authorize a procedure for
the funding of public services, facilities, programs, or Local Improvements providing
special benefit to subsequently identified property within the County.
ARTICLE II
GENERAL PROVISIONS
SECTION 2.01. CREATION OF MONROE COUNTY ROADWAY
IMPROVEMENT AND SEA LEVEL RISE AND FLOOD MITIGATION PROGRAM
MUNICIPAL SERVICE BENEFIT UNIT.
(A) Pursuant to F.S. 125.01(1)(q) and (r), the Monroe County Sea Level Rise and
Flood Mitigation Municipal Service Benefit Unit (MSBU) is hereby created to accomplish
the improvements contemplated herein. The boundaries of the MSBU shall consist of all
of the unincorporated area within Monroe County.
(B) Each municipality within the county may request to be included within the
boundaries of the MSBU. A certified copy of the resolution adopted by the municipality
requesting inclusion in the MSBU must be received by the county prior to June 1 and shall
be effective beginning the next fiscal year. Upon being included, all provisions of this
ordinance shall apply within the boundary of such municipality.
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SECTION 2.02. CREATION OF ASSESSMENT AREA.
(A) The Board is hereby authorized to create Assessment Areas in accordance
with the procedures set forth in Section 3.02 and 3.06. The Assessments Areas shall
contain property located within the County that is specially benefitted by the services,
facilities, programs, or Local Improvements proposed for funding from the proceeds of
Assessments to be imposed therein.
(B) Either the Initial Assessment Resolution proposing each Assessment Area
or the Final Assessment Resolution creating each Assessment Area shall include brief
descriptions of the proposed services, facilities, programs, or Local Improvements, a
description of the property to be included within the Assessment Area, and specific
legislative findings that recognize the special benefit to be provided by each proposed
service, facility, program, or Local Improvements to property within the Assessment Area.
SECTION 2.03. REVISIONS TO ASSESSMENTS. If any Assessment made under
the provisions of this Ordinance is either in whole or in part annulled, vacated, or set aside
by the judgment of any court of competent jurisdiction, or if the Board is satisfied that any
such Assessment is so irregular or defective that the same cannot be enforced or
collected, or if the Board has omitted to include any property on the Assessment Roll
which property should have been so included, the Board may take all necessary steps to
impose a new Assessment against any property benefited by the Service Costs, Capital
Costs or Project Costs, following as nearly as may be practicable, the provisions of this
Ordinance, and in case such second Assessment is annulled, vacated, or set aside, the
Board may obtain and impose other Assessments until a valid Assessment is imposed.
SECTION 2.04. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any Assessment under the
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provisions of this Ordinance shall not affect the validity of the same after the approval
thereof, and any Assessment, as finally approved, shall be competent and sufficient
evidence that such Assessment was duly levied, that the Assessment was duly made and
adopted, and that all other proceedings adequate to such Assessment were duly had,
taken, and performed as required by this Ordinance; and no variance from the directions
hereunder shall be held material unless it be clearly shown that the party objecting was
materially injured thereby. Notwithstanding the provisions of this Section, any party
objecting to an Assessment imposed pursuant to this Ordinance must file an objection with
a court of competent jurisdiction within the time periods prescribed herein.
SECTION 2.05. CORRECTION OF ERRORS AND OMISSIONS.
(A) No act of error or omission on the part of the Property Appraiser, Tax
Collector, County Administrator, their deputies, employees, or designees, shall operate
to release or discharge any obligation for payment of an Assessment imposed by the
Board under the provision of this Ordinance.
(B) When it shall appear that any Assessment should have been imposed under
this Ordinance against a lot or parcel of property specially benefited by the provision of a
service, facility, program, or Local Improvement, but such property was omitted from the
Assessment Roll, the Board may, upon provision of appropriate notice as set forth in this
Article, impose the applicable Assessment. Such total Assessment shall become
delinquent if not fully paid upon the expiration of 60 days from the date of the adoption of
said resolution. The Assessment so imposed shall constitute a lien against such property
equal in rank and dignity with the liens of all state, county, district, or municipal taxes and
special assessments, and superior in rank and dignity to all other prior liens, mortgages,
titles and claims in and to or against the real property involved and may be collected as
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provided in Article VI hereof.
(C) The County Administrator shall have the authority at any time, upon his or
her own initiative or in response to a timely filed petition from the Owner of any Assessed
Property, to correct any error in applying the Assessment apportionment method to any
particular property not otherwise requiring the provision of notice pursuant to the Uniform
Assessment Collection Act. Any such correction that reduces an Assessment shall be
considered valid ab initio and shall in no way affect the enforcement of the Assessment
imposed under the provisions of this Ordinance. Any such correction which increases an
Assessment or imposes an Assessment on omitted property shall first require notice to
the affected owner in the manner described in Section 3.05 hereof, as applicable,
providing the date, time and place that the Board will consider confirming the correction
and offering the owner an opportunity to be heard. All requests from affected property
owners for any such changes, modifications or corrections shall be referred to, and
processed by, the County Administrator and not the Property Appraiser or Tax Collector.
(D) After the Assessment Roll has been delivered to the Tax Collector in
accordance with the Uniform Assessment Collection Act, any changes, modifications, or
corrections thereto shall be made in accordance with the procedures applicable to
correcting errors and insolvencies on the Tax Roll upon timely written request and
direction of the County Administrator.
SECTION 2.06. LIEN OF ASSESSMENTS.
(A) Upon the adoption of the Assessment Roll, all Assessments shall constitute
a lien against such property equal in rank and dignity with the liens of all state, county,
district, or municipal taxes and special assessments. Except as otherwise provided by
law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and
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claims, until paid.
(B) The lien for an Assessment shall be deemed perfected upon adoption by the
Board of the Final Assessment Resolution or the Annual Rate Resolution, whichever is
applicable. The lien for an Assessment collected under the Uniform Assessment
Collection Act shall attach to the property as provided by law. The lien for an Assessment
collected under the alternative method of collection provided in Section 6.02 shall be
deemed perfected upon adoption by the Board of the Final Assessment Resolution or the
Annual Rate Resolution, whichever is applicable, and shall attach to the property on such
date of adoption.
ARTICLE III
ASSESSMENTS
SECTION 3.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose an annual Assessment to fund all
or any portion of the Capital Cost, Project Cost, or Service Cost on benefitted property at
a rate of assessment based on the special benefit accruing to such property from the
County's provision of the subsequently identified service, facility, or program.
(B) The amount of the Assessment that is imposed each Fiscal Year against
each parcel of Assessed Property shall be determined pursuant to an apportionment
methodology based upon a classification of property designed to provide a fair and
reasonable apportionment of the Capital Cost, Project Cost or Service Cost among
properties on a basis reasonably related to the special benefit provided by the service,
facility, or program funded with Assessment proceeds.
(C) All Assessments shall be imposed inconformity with the procedures set forth
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in this Article III.
SECTION 3.02. INITIAL ASSESSMENT RESOLUTION. The first step for the
initial imposition of an Assessment shall be the Board's adoption of an Initial Assessment
Resolution (A) describing the property to be located within any proposed Assessment
Area; (B) containing a brief and general description of the services, facilities, or programs
to be provided; (C) determining the Capital Cost, Project Cost or Service Cost to be
assessed; (D) describing the method of apportioning the Capital Cost, Project Cost or
Service Cost and the computation of the Assessments for specific properties; (E)
establishing an estimated assessment rate for the upcoming Fiscal Year; (F) establishing
a Maximum Assessment Rate, if desired by the Board; (G) authorizing the date, time, and
place of a public hearing to consider the adoption of the Final Assessment Resolution for
the upcoming Fiscal Year; and (H) directing the County Administrator to (1) prepare the
initial Assessment Roll, as required by Section 3.03 hereof, (2) publish the notice
required by Section 3.04 hereof, and (3) mail the notice required by Section 3.05 hereof.
SECTION 3.03. ASSESSMENT ROLL.
(A) The County Administrator shall prepare, or direct the preparation of, the initial
Assessment Roll for the Assessments, which shall contain the following:
(1) A summary description of all Assessed Property conforming to the
description contained on the Tax Roll;
(2) The name of the Owner of the Assessed Property;
(3) The number of Assessment Units attributable to each parcel;
(4) The estimated maximum annual assessment for each Assessment
Unit; and
(5) The amount of the Assessment to be imposed against each Assessed
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Property.
(B) Copies of the Initial Assessment Resolution and the preliminary Assessment
Roll shall be available in the office of the County Administrator and open to public
inspection. The foregoing shall not be construed to require that the Assessment Roll be
in printed form if the amount of the Assessment for each parcel of property can be
determined by use of a computer terminal available to the public.
SECTION 3.04. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll, the County Administrator shall publish notice of a public hearing to
adopt the Final Assessment Resolution and approve the aforementioned initial
Assessment Roll. The published notice shall conform to the requirements set forth in the
Uniform Assessment Collection Act.
SECTION 3.05. NOTICE BY MAIL.
(A) For the initial Fiscal Year in which an Assessment is imposed by the Board
against Assessed Property pursuant to the Uniform Assessment Collection Act and in
addition to the published notice required by Section 3.04, the County Administrator shall
provide notice of the proposed Assessment by first class mail to the owner of each parcel
of property subject to an Assessment.
(B) The mailed notice shall conform to the requirements set forth in the Uniform
Assessment Collection Act.
(C) Notice shall be deemed mailed upon delivery thereof to the possession of
the United States Postal Service. Failure of the Owner to receive such notice due to
mistake or inadvertence, shall not affect the validity of the Assessment Roll nor release
or discharge any obligation for payment of an Assessment imposed by the Board pursuant
to this Ordinance.
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(D) Notice by mail for Fiscal Years after the initial Fiscal Year shall be controlled
by Section 3.08(D) hereof.
SECTION 3.06. FINAL ASSESSMENT RESOLUTION.
(A) At a public hearing named in the notices required by Sections 3.04 and 3.05
or to such time as an adjournment or continuance may be taken by the Board, after
receiving oral or written objections of interested persons, the Board may then, or at any
subsequent meeting of the Board, adopt the Final Assessment Resolution, which shall
(A) create any Assessment Area; (B) confirm, modify, or repeal the Initial Assessment
Resolution with such amendments, if any, as may be deemed appropriate by the Board;
(C) establish the Maximum Assessment Rate, if desired by the Board and set the rate of
assessment to be imposed in the upcoming fiscal year; (D) approve the initial Assessment
Roll, with such amendments as it deems just and right; and (E) determine the method of
collection.
(B) All parcels assessed shall derive a special benefit from the service, facility,
or program to be provided or constructed and the Assessment shall be fairly and
reasonably apportioned among the properties that receive the special benefit.
(C) The initial assessment roll as approved by the Final Assessment Resolution
shall be delivered to the Tax Collector as required by the Uniform Assessment Collection
Act.
(D) The Final Assessment Resolution shall constitute the Annual Rate
Resolution for the initial Fiscal Year in which Assessments are imposed or reimposed
hereunder.
SECTION 3.07. EFFECT OF FINAL ASSESSMENT RESOLUTION.
Assessments for the initial Fiscal Year shall be established upon adoption of the
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Final Assessment Resolution. The adoption of the Final Assessment Resolution shall be
the final adjudication of the issues presented (including, but not limited to, the method of
apportionment and assessment, the Maximum Assessment Rate, the initial rate of
assessment, the initial Assessment Roll, and the levy and lien of the Assessments),
unless proper steps are initiated in a court of competent jurisdiction to secure relief within
twenty (20) days from the date of Board action on the Final Assessment Resolution. The
initial Assessment Roll, as approved by the Final Assessment Resolution, shall be
delivered to the Tax Collector, or the Property Appraiser if so directed by the Tax
Collector, or if an alternative method is used to collect the Assessments, such other official
as the Board by resolution shall designate.
SECTION 3.08. ADOPTION OF ANNUAL RATE RESOLUTION.
(A) The board shall adopt an Annual Rate Resolution during its budget adoption
process for each fiscal year following the initial fiscal year for which an assessment is
imposed hereunder. The Annual Rate Resolution shall approve the assessment roll for
the upcoming fiscal year. The Assessment Roll shall be prepared in accordance with the
method of apportionment set forth in the Initial Assessment Resolution together with
modifications, if any, and as confirmed in the Final Assessment Resolution.
(B) The Board shall hold a public hearing to adopt the Annual Rate Resolution
and the annual assessment roll for the ensuing fiscal year. At the public hearing, the
Board shall hear comments and objections from owners and other members of the public
as to the Preliminary Rate and proposed assessments. The Board shall make such
increase, decrease or revision to any proposed Assessment as it shall deem necessary
or appropriate. In addition, the Board shall make such changes, modifications or additions
as necessary to conform the preliminary annual assessment roll with the adopted rate
17
3587
resolution and this article. The Board may continue said public hearing to a date and time
certain without the necessity of further public notice to allow prior to final adoption
increases, decreases or revisions to the Preliminary Rate or for such other reason
deemed necessary in the sole discretion of the board. Upon completion of such public
hearing the Board may approve the Annual Rate Resolution.
(C) Notice of the public hearing for the Annual Rate Resolution shall be published
in a newspaper of general circulation within the county, at least twenty (20) days prior to
the public hearing. The published notice shall contain at least the following information:
the name of the local governing board; a geographic depiction of the property subject to
the assessment; the proposed schedule of the assessment; the fact that the assessment
will be collected by the tax collector; and a statement that all affected property owners
have the right to appear at the public hearing and the right to file written objections within
20 days of the publication of the notice.
(D) In the event that the uniform method of collection provided for in the Uniform
Assessment Collection Act is used and:
(1) The proposed assessment for any fiscal year exceeds the maximum
assessment rate included in notice previously provided to the owners of
assessable property pursuant to sections 3.04 and 3.05 hereof,
(2) The method of apportionment is changed or the purpose for which the
assessment is imposed is substantially changed from that represented by
the notice previously provided to the owners of assessable property
pursuant to sections 3.04 and 3.05 hereof,
(3) Assessable property is reclassified in a manner that results in an
increased assessment beyond that represented by notice previously
18
3588
provided to the owners of assessable property pursuant to sections 3.04
and 3.05 hereof, or
(4) an assessment roll contains assessable property that was not included
on the assessment roll approved for the prior fiscal year,
then notice shall be provided by first class mail to the owners of such assessable
property. Such supplemental notice shall substantially conform with the notice
requirements set forth in section 3.04 and 3.05 hereof and shall inform the property owner
of the date and place for the adoption of the annual rate resolution. The failure of the
owner to receive such supplemental notice due to mistake or inadvertence, shall not affect
the validity of the assessment roll nor release or discharge any obligation for payment of
an assessment imposed by the board pursuant to this article.
(E) As to any Assessed Property not included on an Assessment Roll approved
by the adoption of the Final Assessment Resolution or a prior year's Annual Rate
Resolution, the adoption of the succeeding Annual Rate Resolution shall be the final
adjudication of the issues presented as to such Assessed Property (including, but not
limited to, the determination of special benefit and fair apportionment to the Assessed
Property, the method of apportionment and assessment, the rate of assessment, the
establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and
the levy and lien of the Assessments), unless proper steps are initiated in a court of
competent jurisdiction to secure relief within twenty (20) days from the date of the Board
action on the Annual Rate Resolution. Nothing contained herein shall be construed or
interpreted to affect the finality of any Assessment not challenged within the required 20-
day period for those Assessments previously imposed against Assessed Property by the
inclusion of the Assessed Property on an Assessment Roll approved in the Final
19
3589
Assessment Resolution or any subsequent Annual Rate Resolution.
(F) The Assessment Roll, as approved by the Annual Rate Resolution, shall be
delivered to the Tax Collector as required by the Uniform Assessment Collection Act. If
the Assessment against any property shall be sustained, reduced, or abated by the court,
an adjustment shall be made on the Assessment Roll.
ARTICLE IV
COLLECTION AND USE OF ASSESSMENTS
SECTION 4.01. METHOD OF COLLECTION.
(A) Unless otherwise directed by the Board, the Assessments shall be collected
pursuant to the Uniform Assessment Collection Act, and the County shall comply with all
applicable provisions of the Uniform Assessment Collection Act. The Resolution of Intent
required by the Uniform Assessment Collection Act may be adopted either prior to or
following the Initial Assessment Resolution; provided however, that the Resolution of
Intent must be adopted prior to January 1 (or March 1 with consent of the Property
Appraiser and Tax Collector) of the year in which the Assessments are first collected on
the ad valorem tax bill. Any hearing or notice required by this Ordinance may be combined
with any other hearing or notice required by the Uniform Assessment Collection Act.
(B) The amount of an Assessment to be collected using the Uniform Assessment
Collection Act for any specific parcel of benefitted property may include an amount
equivalent to the payment delinquency, delinquency fees and recording costs for prior
years' assessment for a comparable service, facility, program, or Local Improvement
provided, (1) the collection method used in connection with the prior year's assessment
did not employ the use of the Uniform Assessment Collection Act, (2) notice is provided
to the Owner, and (3) any lien on the affected parcel for the prior year's assessment is
20
3590
supplanted and transferred to such Assessment upon certification of a non-ad valorem
roll to the Tax Collector by the County.
SECTION 4.02. GOVERNMENT PROPERTY. In lieu of using the Uniform
Assessment Collection Act to collect Assessments from Government Property, the
County may elect to use any other method authorized by law or provided by this Section
as follows:
(A) The County shall provide Assessment bills by first class mail to the Owner of
each affected parcel of Government Property. The bill or accompanying explanatory
material shall include (1) a brief explanation of the Assessment, (2) a description of the
unit of measurement used to determine the amount of the Assessment, (3) the number
of units contained within the parcel, (4) the total amount of the parcel's Assessment for
the appropriate period, (5) the location at which payment will be accepted, and (6) the
date on which the Assessment is due.
(B) Assessments imposed against Government Property shall be due on the
same date as all other Assessments and, if applicable, shall be subject to the same
discounts for early payment.
(C) An Assessment shall become delinquent if it is not paid within 30 days from
the date any installment is due. The County shall notify the Owner of any Government
Property that is delinquent in payment of its Assessment within 60 days from the date
such Assessment was due. Such notice shall state that the County will initiate a
mandamus or other appropriate judicial action to compel payment.
(D) All costs, fees and expenses, including reasonable attorney fees and title
search expenses, related to any mandamus or other action as described herein shall be
included in any judgment or decree rendered therein. All delinquent owners of
21
3591
Government Property against which a mandamus or other appropriate action is filed shall
be liable for an apportioned amount of reasonable costs and expenses incurred by the
County, including reasonable attorney fees, in collection of such delinquent Assessments
and any other costs incurred by the County as a result of such delinquent Assessments
and the same shall be collectible as a part of or in addition to, the costs of the action.
(E) As an alternative to the foregoing, an Assessment imposed against
Government Property may be collected on the bill for any utility service provided to such
Government Property. The Board may contract for such billing services with any utility not
owned by the County.
ARTICLE V
ISSUANCE OF OBLIGATIONS
SECTION 5.01. GENERAL AUTHORITY.
(A) Upon adoption of the Final Assessment Resolution imposing Capital
Assessments to fund a Local Improvement or at any time thereafter, the Board shall have
the power and is hereby authorized to provide by resolution, at one time or from time to
time in series, for the issuance of Obligations to fund the Project Cost thereof.
(B) If issued, the principal of and interest on each series of Obligations shall be
payable from Pledged Revenue. At the option of the Board, the County may agree, by
resolution, to budget and appropriate funds to make up any deficiency in the reserve
account established for the Obligations or in the payment of the Obligations, from other
non-ad valorem revenue sources. The Board may also provide, by resolution, for a pledge
of or lien upon proceeds of such non-ad valorem revenue sources for the benefit of the
holders of the Obligations. Any such resolution shall determine the nature and extent of
any pledge of or lien upon proceeds of such non-ad valorem revenue sources.
22
3592
SECTION 5.02. TERMS OF THE OBLIGATIONS. If issued, the Obligations shall
be dated, shall bear interest at such rate or rates, shall mature at such times as may be
determined by resolution of the Board, and may be made redeemable before maturity, at
the option of the County, at such price or prices and under such terms and conditions, all
as may be fixed by the Board. Said Obligations shall mature not later than 40 years after
their issuance. The Board shall determine by resolution the form of the Obligations, the
manner of executing such Obligations, and shall fix the denominations of such
Obligations, the place or places of payment of the principal and interest, which may be at
any bank or trust company within or outside of the State of Florida, and such other terms
and provisions of the Obligations as it deems appropriate. The Obligations may be sold
at public or private sale for such price or prices as the Board shall determine by resolution.
The Obligations may be delivered to any contractor to pay for construction of the Local
Improvements or may be sold in such manner and for such price as the Board may
determine by resolution to be for the best interests of the County.
SECTION 5.03. VARIABLE RATE OBLIGATIONS. At the option of the Board,
Obligations may bear interest at a variable rate.
SECTION 5.04. TEMPORARY OBLIGATIONS. Prior to the preparation of
definitive Obligations of any series, the Board may, under like restrictions, issue interim
receipts, interim certificates, or temporary Obligations, exchangeable for definitive
Obligations when such Obligations have been executed and are available for delivery.
The Board may also provide for the replacement of any Obligations which shall become
mutilated, destroyed or lost. Obligations may be issued without any other proceedings or
the happening of any other conditions or things than those proceedings, conditions or
things which are specifically required by this Ordinance.
23
3593
SECTION 5.05. ANTICIPATION NOTES. In anticipation of the sale of Obligations,
the Board may, by resolution, issue notes and may renew the same from time to time.
Such notes may be paid from the proceeds of the Obligations, the proceeds of the Capital
Assessments, the proceeds of the notes and such other legally available money as the
Board deems appropriate by resolution. Said notes shall mature within five years of their
issuance and shall bear interest at a rate not exceeding the maximum rate provided by
law. The Board may issue Obligations or renewal notes to repay the notes. The notes
shall be issued in the same manner as the Obligations.
SECTION 5.06. TAXING POWER NOT PLEDGED. Obligations issued under
the provisions of this Ordinance shall not be deemed to constitute a general obligation or
pledge of the full faith and credit of the County within the meaning of the Constitution of
the State of Florida, but such Obligations shall be payable only from Pledged Revenue in
the manner provided herein and by the resolution authorizing the Obligations. The
issuance of Obligations under the provisions of this Ordinance shall not directly or
indirectly obligate the County to levy or to pledge any form of ad valorem taxation
whatever therefore. No holder of any such Obligations shall ever have the right to compel
any exercise of the ad valorem taxing power on the part of the County to pay any such
Obligations or the interest thereon or to enforce payment of such Obligations or the
interest thereon against any property of the County, nor shall such Obligations constitute
a charge, lien or encumbrance, legal or equitable, upon any property of the County,
except the Pledged Revenue.
SECTION 5.07. TRUST FUNDS. The Pledged Revenue received pursuant to the
authority of this Ordinance shall be deemed to be trust funds, to be held and applied solely
as provided in this Ordinance and in the resolution authorizing issuance of the
24
3594
Obligations. Such Pledged Revenue may be invested by the County, or its designee, in
the manner provided by the resolution authorizing issuance of the Obligations. The
Pledged Revenue upon receipt thereof by the County shall be subject to the lien and
pledge of the holders of any Obligations or any entity other than the County providing
credit enhancement on the Obligations.
SECTION 5.08. REMEDIES OF HOLDERS. Any holder of Obligations, except to
the extent the rights herein given may be restricted by the resolution authorizing issuance
of the Obligations, may, whether at law or in equity, by suit, action, mandamus or other
proceedings, protect and enforce any and all rights under the laws of the State of Florida
or granted hereunder or under such resolution, and may enforce and compel the
performance of all duties required by this part, or by such resolution, to be performed by
the County.
SECTION 5.09. REFUNDING OBLIGATIONS. The County may, by resolution
of the Board, issue Obligations to refund any Obligations issued pursuant to this
Ordinance, or any other obligations of the County theretofore issued to finance the Project
Cost of a Local Improvement and provide for the rights of the holders hereof. Such
refunding Obligations may be issued in an amount sufficient to provide for the payment
of the principal of, redemption premium, if any, and interest on the outstanding Obligations
to be refunded. If the issuance of such refunding Obligations results in an annual
Assessment that exceeds the estimated maximum annual Capital Assessments set forth
in the notice provided pursuant to Section 3.05 hereof, the Board shall provide notice to
the affected property owners and conduct a public hearing in the manner required by
Article IV of this Ordinance.
ARTICLE VI
25
3595
MISCELLANEOUS PROVISIONS
SECTION 6.01. APPLICABILITY. This Ordinance and the Board's authority to
impose assessments pursuant hereto shall be applicable throughout the County.
SECTION 6.02. ALTERNATIVE METHOD.
(A) This Ordinance shall be deemed to provide an additional and alternative
method for the doing of the things authorized hereby and shall be regarded as
supplemental and additional to powers conferred by other laws, and shall not be regarded
as in derogation of any powers now existing or which may hereafter come into existence.
This Ordinance, being necessary for the welfare of the inhabitants of the County, shall be
liberally construed to effect the purposes hereof.
(B) Nothing herein shall preclude the Board from directing and authorizing, by
resolution, the combination with each other of (1) any supplemental or additional notice
deemed proper, necessary, or convenient by the County, (2) any notice required by this
Ordinance, or(3) any notice required by law, including the Uniform Assessment Collection
Act.
SECTION 6.03. LIBERALLY CONSTRUED. This Ordinance, being necessary
for the welfare of the inhabitants of the County, particularly the owners of property located
therein, shall be liberally construed to effect the purposes hereof.
SECTION 6.04. SEVERABILITY. The provisions of this Ordinance are severable;
and if any section, subsection, sentence, clause or provision is held invalid by any court
of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected
thereby.
SECTION 6.05. CONFLICTS. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
26
3596
SECTION 6.06. CODIFICATION. It is the intention of the Board, and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Monroe County in a new Article VII Municipal Service Benefit Unit for Sea Level
Rise and Flood Mitigation Program within Chapter 22 ("Special Districts"); that the
sections of this Ordinance may be renumbered or relettered to accomplish such
intentions; and that the word "Ordinance" shall be changed to "Section" or "Article" or
other appropriate word.
SECTION 6.07. EFFECTIVE DATE. A certified copy of this Ordinance shall be
filed with the Department of State of the State of Florida within 10 days of enactment and
shall take effect upon filing with said department.
PASSED AND DULY ADOPTED on this 17th day of February , 2021.
Mayor Michelle Cvldiron, District 2 Yes
Mayor Pro Tem David Rice, District 4 Yes
Commissioner Craig Cates, District 1 Yes
Commissioner Eddie Martinez, District 3 Yes
Commissioner Mike Forster, District 5 Yes
ATTEST: BOARD OF COUNTY COMMISSIONERS
adok, Clerk of Circuit Court and OF MONROE COUNTY, FLORIDA
Clerk to the Board of County
' ilrl ners
l
p
As Deputy Clerk By: Mayor Michelle Coldiron
M
MONROE COUNTY ATTORNEY -
t'ih�t�enc'YwiLG.�f-Yr,nasri,� _ � �
OHR ISTiNE L IM BERT•BARROW S
ASSISTANT
DATE
27
3597
a
KEY
The Florida Keys Only Daily Newspaper,Est. 1876
PO Box 1800,Key West FL 33041
Pr(305)292-7777 ext.219 F.,(305)295-8025
legals@keysnews.com
MONROE CO ENGINEERING ROADS &
BRIDGES
THE HISTORIC GATO BUILDING
1100 SIMONTON ST ROOM 2-216
KEY WEST FL 33040
Account: 143335 Ticket: 377038
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER PROVIDING FOR INCLUSION IN THE
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE MONROE COUNTY CODE; PROVIDNG
FOR SEVERABILITY; AND PROVIDING
NOTICE IS HEREBY GIVEN TO WHOM AN EFFECTIVE DATE.
Before the undersigned authority personally appeared IT MAY CONCERN that on February 17,
9 Y P Y PP 2021,at 1:30 P.M.,or as soon thereafter The public can participate in the Feb-
as the matter may be heard,at the Har- ruary 17,2021,meeting of the Board
�A vey Government Center,1200 Truman of County Commissioners of Monroe
who On oath says that he or she is Avenue,Key West,Florida,the Board County, FL via Communication Media
of County Commissioners of Monroe Technology("CMT")using a Zoom r ✓" We-
County, Florida,intends to adopt the binar platform by following the de-
(>Ct of the Key West Citizen,a daily following County ordinance: tailed instructions below. The public
is strongly encouraged to watch the
newspaper published in Key West,in Monroe County,Florida;that the attached ORDINANCE NO. -2021 meeting on Monroe County's MCTV
co of advertisment,being ale al notice in the matter ORDINANCE 2.17 was on Comcast Channel 76,AT&T U-verse
copy 9 9 AN ORDINANCE OF THE BOARD OF Channel 99 or on the Counttyy sweb por-
published in said newspaper in the issues of: COUNTY COMMISSIONERS OF MON- tal4 httn://monroetountyfl.igm2aom/
ROE COUNTY,FLORIDA,RELATING TO Citizens/Default.asnx. Simply select
THE IMPOSITION OF SPECIAL ASSESS- the"Watch Live"banner to view the
Sunday,January 31,2021 MENTS FOR A SEA LEVEL RISE FLOOD live meeting with live closed-caption-
MITIGATION PROGRAM; CREATING in on an integrated page that includes
AND ESTABLISHING A MONROE COUN- tfia Agenda and Agenda Backup.
TY ROADWAY IMPROVEMENT AND
Affiant further says that the Key West Citizen is a newspaper published in Key SEA LEVEL RISE AND FLOOD MITIGA If a citizen has a Roku device,they can
TION PROGRAM MUNICIPAL SERVICE search for and add "MCTV to their
West,in said Monroe County,Florida and that the said newspapers has hereto- BENEFIT UNIT("MSBU") TO FINANCE personal lineup. Monroe County's
fore been continuously published in said Monroe County,Florida every day,and THE IMPROVEMENTS; AUTHORIZING "MCTV"is also provided via the Mon
THE IMPOSITION AND COLLECTION roe County mobile apps for iOS and An-
has been entered as periodicals matter at the post office in Key West,in said OF ASSESSMENTS AGAINST PROPER- droid and through our streaming web
Monroe County,Florida,for a period of 1 year next preceding the first publication TY WITHIN THE UNINCORPORATED portal @ hnp.4LLrl19nroe f�.1-o Sus;
of the attached copy of advertisement;and affiant further says that he or she has AREA OF MONROE COUNTY AND SUB- tv/vod/?live=chl&nav=live:
JECTTO THE CONSENT BY ORDINANCE
neither paid nor promised any person,firm or corporation any discount,rebate, OF THE GOVERNING BOARD OF ANY Citizens can listen to audio-only from
commission or refund for the purpos o ecuring this advertisement forpublica- AFFECTED MUNICIPALITY THE MSBU their phones by dialing(646)518.9805
MAY INCLUDE THE BOUNDARIES OF or(669)900.6833 and,when prompt-
tioyl a Sald Sp r. A MUNICIPALITY; ESTABLISHING THE ed,enter the webinar ID 995 7249 8241
PROCEDURES FOR IMPOSING ASSESS- followed by the#key.
MENTS; ESTABLISHING PROCEDURES
FOR NOTICE AND ADOPTION OF AS The public can comment during the live
(Signature of Affiant) SESSMENT ROLLS; PROVIDING THAT Public Hearing either by phoning in or
ASSESSMENTS CONSTITUTE A LIEN ON by connecting to the live Zoom webi-
ASSESSED PROPERTY UPON ADOPTION nar link using:the following instruc-
Affirm d nd su rib d before me this 8th day of February 2021 OF THE ASSESSMENT ROLL;PROVIDING Lions:
THAT THE LIEN FOR AN ASSESSMENT
" COLLECTED PURSUANT TO SECTIONS a) To comment on an item by phone:
197.3632 AND 197.3635, FLORIDA Dial(646)518-9805 or(669)900-6833
(NO$ li IgnatUre) STATUTES, UPON PERFECTION, SHALL and,when prompted,enter the Webi-
11! ATTACH TO THE PROPERTY ON THE nar ID 9957249 8241 followed by the#
J�Sp PRIOR JANUARY 1 THE LIEN DATE FOR key,then*9 to"Raise your Hand"to be
(r//1 AD VALOREM TAXES PROVIDING THAT recognized by the Zoom webinar host.
A PERFECTED LIEN SHALL BE EQUAL IN
(Notary Public Printed Name) (Notary Sea[) RANK AND DIGNITY WITH THE LIENS b) To comment on an item using
111 OF ALL STATE,COUNTY,DISTRICT,OR live Zoom webinar link: Open this live
- MUNICIPAL TAXES AND ASSESSMENTS Zoom webinar link at h(that
occ.
p-
My.COmmiSSlOn expires C�'� L---�a/.� AND SUPERIOR IN DIGNITY TO ALL z_oom.us/j199572498241 (that also ap-
OTHER PRIOR LIENS,MORTGAGES,TI- pears in both the published Agenda
TLES, AND CLAIMS; AUTHORIZING and Agenda Packet). When prompt-
EXEMPTIONS AND HARDSHIP ASSIS- ed,enter your email address and name
Personally Known X Produced Identification— TANCE;PROVIDING PROCEDURES FOR to join the webinar. When the May-
COLLECTION OF ASSESSMENTS; AU- or calls for speakers on the item(s)on
THORIZING THE ISSUANCE OF OBLIGA- which you wish to comment,or when
Type of Identification Produced TIONS SECURED BYASSESSMENTS AND the Board is nearing youritem(s)as the
PROVIDING FOR THE TERMS THEREOF; meeting progresses,select the"Raised
PROVIDING THAT THE COUNTY'S TAX- Hand"feature that appears at the bot-
1NG POWER SHALL NOT BE PLEDGED; tom of the Zoom webinar screen to
PROVIDING REMEDIES;DEEMING THAT be recognized by the Zoom webinar
PLEDGED REVENUES SHALL BE CON- host.
SIDERED TRUST FUNDS; PROVIDING
Notary Pubk State of Florida FOR THE REFUNDING OF OBLIGATIONS; The Zoom webinar host will request
Misty D Weeeh PROVIDING THAT THIS ORDINANCE IS the item#on which you wish to speak
My Commission HH 044532 AN ALTERNATIVE MEANS OF IMPLE- and enable Tour participation when
Expires 03/25a023 MENTATION AND FOR SEVERABILITY; the Mayor ca Is for public speakers on
Or e� PROVIDING FOR THIS ORDINANCE TO your item.To report.problems with the
BE LIBERALLY CONSTRUED;PROVIDING broadcast or participation in the Zoom
FOR CONFLICTS AND CODIFICATION; webinar,please call(305)872-8831,
3598
Pursuant to Section 286.0105, Florida
Statutes,notice is given that if a person
decides to appeal any decision made by
the Board with respect to any matter
considered at such hearings or meet.
ings,he will need a record of the pro-
ceedings, and that, for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is made,
which record includes the testimony
and evidence upon which the appeal is
to be based.
ADA ASSISTANCE: If you are a person
with a disability who needs special
accommodations in order to partici-
pate in this proceeding,please contact
the County Administrator's Office,by
phoning(303)292-4441,between the
hours of 8:30a.m.5:00p.m.,prior to
the scheduled meeting;if youare hear-
ing or voice-impaired,call'711", live
Closed-Captioning is available via our
web portal 0 http✓/monroecounty-
f!igm2 com/Citizens/Default asbx for
meetings of the Monroe County Board
of County Commissioners,
Dated at Key West,Florida,this 22
day of January,2021.
KEVIN MADOK, Clerk of
the Circuit Court and ex officio Clerk of
the Board of County Commissioners of
Monroe County,Florida
01/30/21 Key West Citizen
3599
meeting of the Board of Count scheduled meeting;it you are
NOTICE OF INTENTION TO g y hearing or voice-impaired,call
CONSIDER ADOPTION OF Commissioners of Monroe "711"..Live Closed-Captioning
COUNTY ORDINANCE County,FL via Communication is available via our web portal
Kars NOTICE IS HEREBY GIVEN TO Media Technology(`Cmri @ http://monre ecountyfl igm2,
WHOM IT MAY CONCERN that using a Zoom Webmar platform com/Citjzens/DefauItaSPx EEKK on February 17,2021,at 1:30 by following the detailed meetings of the Monroe County
I JL P.M,,or as soon thereafter instructions below.The Board of County Commissioners,
as matter may be heard, public is strongly encouraged Dated at Key West,Florida,this
at the Hervey Government to watch the meeting on 22 day of January,2021
Published Weekly Center,1200TrumanAvenue, ' Monroe County's MCTV on KEVIN MADOIC Clerk of the
Key West,Florida,the Board Comcast Channel 76,AT&T
Marathon,Monroe County,Florida of County Commissioners of U-verse Channel 99 or on the CrcuitCourtand
Monroe County,Florida,intends County's web portal @'http:// ex officlo Clerk of the Board
to adopt the following County monroecountyfl°igm1com/ of County Commissioners of
PROOF OF PUBLICATION ordinance. Citizens/Default.aspx.Simply Monroe County,Florida
ORDINANCE NO. -2021 select the"WatchLive"banner Publt*
AN ORDINANCE OF THE BOARD to view the live meeting with February 4,2021
STATE OF FLORIDA OF COUNTY COMMISSIONERS live closed-captioning on an The Weekly Newspapers
OF MONROE COUNTY,FLORIDA, integrated;page that includes
COUNTY OF MONROE RELATING TO THE IMPOSITION the Agenda and Agenda
Before the undersigned authority OF SPECIAL ASSESSMENTS Backup.
ersonall appeared JASN IC®LER who FOR A SEA LEVEL RISE FLOOD if citizen has a Roku device,
p Y pp MITIGATION PROGRAM; they can search for and add
on oath, says that he is PUBLISHER of CREATING AND ESTABLISHING "MCTV"to their personal lineup.
the WEEKLY NEWSPAPERS, a week{ A MONROE COUNTY ROADWAY Monroe County's°MCTV"is
Y IMPROVEMENT AND SEA also provided via the Monroe
newspaper published in Marathon, in LEVEL RISE AND FLOOD County mobile apps for IDS
Monroe Count Florida: that the MITIGATION PROGRAM and Android and through
y` MUNICIPAL SERVICE BENEFIT our streaming web portal @
attached copy of advertisement was UNIT("MSBU")TOFINANCE THE https://monroe-fl.vod.castus.ty/`
published in said newspaper in the IMPROVEMENTS;AUTHORIZING vod/?live=chi&nav=live.
p p per THE IMPOSITION AND Citizens can listen to audio-only
issues of:(date(s)of publication) COLLECTION OF ASSESSMENTS from their phones by dialing
AGAINST PROPERTY WITHIN (646)518.9805 or(669)900-
THE UNINCORPORATED AREA 6833 and,when prompted
'� u C)f OF MONROE COUNTY AND enter the Webinar ID 995 7249
SUBJECTTO THE CONSENT 8241 followed by the#key,
BY ORDINANCE OF THE The public can comment during
GOVERNING BOARD OF ANY the live Public Hearing either by
Affrant further says that the said WEEKLY AFFECTED MUNICIPALITY phoning in or by connecting to
THE MSBU MAY INCLUDE the live Zoom webinar link using
NEWSPAPERS is a newspaper published THE BOUNDARIES OF the following instructions;
at Marathon, in said Monroe County, MUNICIPALITY,ESTABLISHING a)To,comment on an item by
THE PROCEDURES FOR phone:Dial(646)518x9805
Florida,and that the said newspaper has IMPOSING ASSESSMENTS; or(669)900-6833 and,when
heretofore been continuously published ESTABLISHING PROCEDURES prompted,enter the WebinarID
FOR NOTICE AND ADOPTION; 995 7249 8241 followed by the#>
In said Monroe County, Florida, once OF ASSESSMENT ROLLS; key,then*9 to"Raise your Hand
each week (on Thursday) and has been PROVIDING THAT ASSESSMENTS to be recognized by the Zoom
CONSTITUTE A LIEN ON webinar host.
qualified as a second class mail matter at ASSESSED PROPERTY UPON b)To comment on an item using
the post office in Marathon, In Monroe ADOPTION OF THE ASSESSMENT the live Zoom webinar link:
ROLL;PROVIDING THATTHE Open this live Zoom webinar
LIEN AN ASSESSMENT
County, Florida,for a period of one year link at https:dmcbocc.zoom,
us/j/99572498241 (that also
next preceding the first publication of SECTIOTSD 7,3632 PURSUANT TO appears in both the published
the attached copy of advertisement.The SECTIONS Agenda and Agenda Packet)°
197.3635,FLORIDA STATUTES, g
affiant further says that he has neither UPON PERFECTION,SHALL When prompted,enter your
ATTACH TOTHE PROPERTY ON email address and name to join
paid nor promised any person, firm, or THE PRIOR JANUARY 1,THE the webinar.When the Mayor
Corporation any discount, rebate, LIEN DATE FOR AD VALOREM calls for speakers on theitem(s)
Commission Or refund for the purpose TAXES;PROVIDING THAT on which you wish to comment,
p p PERFECTED LIEN SHALL.BE or when the Board is nearing
securing this advertisement for EQUAL.IN RANK AND DIGNITY your item(s)as the meeting
publication in the said newspaper(s)and WITHTHELIENSOF ALL progresses,select the"Raised
STATE;COUNTY,DISTRICT, Hand feature that appears
that The Weekly Newspapers is in full OR MUNICIPALTESAND at the bottom of the Zoom
c m fiance with Ch ter ">0, of the ASSESSMENTSA DSUPERIOR webinar screen tobe recognized
:
AN DIGNITYTO ALL OTHER byy the Zoom webinar host,
Florida State Statutes on Leal an IN DIGNIOR ITYTOA LOTHES, The Zoom webinar host will
Official Advertisements. TITLES,AND CLAIMS; request the item#on which you
AUTHORIZING EXEMPTIONS' wish to speak and enable your
AND HARDSHIP ASSISTANCE; participation when the Mayor
PROVIDING PROCEDURES FOR calls for public speakers on your
COLLECTION OF ASSESSMENTS; item.To report problems with
AUTHORIZINGTHE ISSUANCE the broadcast or participation
Sworn to and subscribed before me OF OBLIGATIONS SECURED BY in the Zoom webinar,please call
this 14 day of _,2021. ASSESSMENTS AND PROVIDING (305)872-8831.
FOR THE TERMS THEREOF; Pursuant to Section286.0105,
(SEAL) PROVIDING THAT THECOUNTY'S Florida Statutes,notice is
TAXING POWER SHALL NOT given that if a person decides
BE PLEDGED;PROVIDING to appeal any decision made
REMEDIES;DEEMINGTHAT byte Board with respect
{rotary PLEDGED REVENUES SHALL to any matter considered at
BE CONSIDERED TRUST such hearings or meetings,
FUNDS;PROVIDING FOR THE he will need a record of the
REFUNDING OF OBLIGATIONS; proceedings,and that,for such
PROVIDING THAT THIS purpose,he may need to ensure
ORDINANCE 15 AN ALTERNATIVE that a verbatim record of the
o<ro� F TERRY PATTERS proceedings is made,which
MEANS OF IMPLEMENTATION p g
MY COMMISSION#GG 168950 AND FOR SEVERABILITY; record includes the testimony
PROVIDING FOR THIS and evidence upon which the
"�°`''= EXPIRES:December 17,2021 appeal is to be based.
ORDINANCE TO BE LIBERALLY
Banded Thru Notary Public Underwriters CONSTRUED;PROVIDING FOR ADA ASSISTANCE: you are a
CONFLICTS AND CODIFICATION; person with a disability who
PROVIDING FOR INCLUSION IN needs special accommodations
THE MONROE COUNTY CODE; in order to participate in this
PROVIDNG FOR.SEVERABILITY; proceeding,please contact
AND PROVIDING AN EFFECTIVE the County Administrator's
DATE Office,by phoning(305)292- 3600
The public can participate 4441,between the hours of
In the February 17,2021, 8:30a,m.--5,00p.m.,,prior to the
Marathon-Sunshine Key-Big Pine Key-No Name Key-Little,Middle&Big Torch Key-Ramrod Key-Summerland Key-Cudjoe Key-Sugarloaf Key
81G o-
j TORCH At
pt).
30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043
Phone: 305-872-0106 Fax: 305-515-2939
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the
Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Pine Key,
Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter
of:
LEGAL NOTICE: NOTICE OF INTENT TO CONSIDER ORDINANCE SPECIAL ASSESSMENTS
SEA LEVEL RISE PROJECTS: COUNTY ADMINISTRATOR, HISTORIC GATO BUILDING 1100
,SIMONTON ST., SUITE 2-205, KEY WEST, FL 33040
was published in said newspaper in the issue(s) of:
FEBRUARY 5, 2021
Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in
said Monroe County, Florida and that said newspaper has heretofore been continuously published in
said Monroe County, Florida each week and has been entered as first-class mail matter at the post
office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first
publication of the attached copy of advertisement; and affiant further says that she has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur-
pose of securing this advertisement for publication in said newspaper.
N u
Signature of Affiant
Swor subscribed before me this 12TH Day of FEBI94JARY 2021
Signature of Notary Printed Name of Notary
Expires .
Personally Known Produced Identification
Type of Identification Produced
VANESSA HEDRICK
MY COMMISSION#[11149739
EXPIRES:October 06,2024
*"oy
3601
Page 10 News Barometer February 5,2021
-CODE
- - - s
"People may come into compli- well past its state mandate dead- "We want to get compliance as >``{ � �j, AIai
ance at any point in the process," line for having enhanced waste- quickly as we can,but want to
said McPherson. water throughout the island work with the property owner as
Before anyone actually winds chain. much as we can to achieve that
up in front of the Special The original deadline was compliance.
Magistrate,says McPherson,her 2010.That was extended to 2015, The goal is better water quality
inspectors will visit the property and has been extended each year and this is a step toward that,"
to ensure that the structure wasn't since as construction wasn't com- said McPherson
taken out by Hurricane Irma or pleted until 2019.
other reason. She said staff will
also check county records to dis- LEGAL NOTICES
cover if any of the referred prop-
erties already have permits to NOTICE OF INTENTION TO CONSIDER http://monroecountyfl.igm2.com/Citizens/Default.aspx. Simply
perform the work."If the work is ADOPTION OF COUNTY ORDINANCE select the"Watch Live"banner to view the live meeting with live
in progress and contracts are closed-captioning on an integrated page that includes the
signed, we can delay hearings," NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN Agenda and Agenda Backup.
she said. "Our goal is compli- that on February 17,2021,at 1:30 P.M., or as soon thereafter
ance." as the matter may be heard, at the Harvey Government If a citizen has a Roku device, they can search for and add
"We might find a few instances Center,1200Truman Avenue,Key West,Florida,the Board of "MCTV" to their personal lineup. Monroe County's "MCTV" is
of properties that applied for a County Commissioners of Monroe County, Florida, intends to also provided via the Monroe County mobile apps for iOS and
permit and then have done noth- adopt the following County ordinance: Android and through our streaming web portal @ https:Hmon-
ing to advance that permit. We roe-fl.vod.castus.ty/vod/?live=chi&nav=live.
need to remind them that the ORDINANCE NO. -2021
hook up is mandatory and can Citizens can listen to audio-only from their phones by dialing
give them a compliance date," AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- (646) 518-9805 or(669) 900-6833 and, when prompted, enter
she said. SIONERS OF MONROE COUNTY, FLORIDA, RELATING TO the Webinar ID 995 7249 8241 followed by the#key.
If the issue gets to the Special THE IMPOSITION OF SPECIAL ASSESSMENTS FOR A SEA
Magistrate and the property LEVEL RISE FLOOD MITIGATION PROGRAM; CREATING The public can comment during the live Public Hearing
owner is found in violation the AND ESTABLISHING A MONROE COUNTY ROADWAY either by phoning in or by connecting to the live Zoom
county's options include potential IMPROVEMENT AND SEA LEVEL RISE AND FLOOD MITI- webinar link using the following instructions:
fines, usually $100 per day for GATION PROGRAM MUNICIPAL SERVICE BENEFIT UNIT
this type of infraction. ("MSBU")TO FINANCE THE IMPROVEMENTS; AUTHORIZ- a)To comment on an item by phone: Dial(646)518-
"The Special Magistrate will ING THE IMPOSITION AND COLLECTION OF ASSESS- 9805 or (669) 900-6833 and, when prompted, enter the
a compliance
iancethep line, owner MENTS AGAINST PROPERTY WITHIN THE UNINCORPO- Webinar ID 995 7249 8241 followed by the # key, then *9 to
a compliance deadline, usually
60 to 90 days depending on the Y g y our RATED AREA OF MONROE COUNTY AND SUBJECT TO "Raise Hand" to be recognized b the Zoom webinar
individual circumstances," THE CONSENT BY ORDINANCE OF THE GOVERNING host.
McPherson said. BOARD OF ANY AFFECTED MUNICIPALITYTHE MSBU MAY
At 40 cases per month,actually INCLUDE THE BOUNDARIES OF A MUNICIPALITY;ESTAB- b)To comment on an item using the live Zoom webi-
getting every property in to the LISHING THE PROCEDURES FOR IMPOSING ASSESS- nar link: Open this live Zoom webinar link at
code hearing could take more MENTS; ESTABLISHING PROCEDURES FOR NOTICE AND https:Hmcbocc.zoom.us/j/99572498241 (that also appears in
than three years. ADOPTION OF ASSESSMENT ROLLS; PROVIDING THAT both the published Agenda and Agenda Packet). When
But McPherson says that usual- ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED prompted,enter your email address and name to join the webi-
ly isn't the case. PROPERTY UPON ADOPTION OF THE ASSESSMENT nar. When the Mayor calls for speakers on the item(s)on which
"Once the word spreads that we ROLL; PROVIDING THAT THE LIEN FOR AN ASSESSMENT you wish to comment,or when the Board is nearing your item(s)
are kicking off enforcement,peo- COLLECTED PURSUANT TO SECTIONS 197.3632 AND as the meeting progresses, select the "Raised Hand" feature
ple come around and realize they 197.3635, FLORIDA STATUTES, UPON PERFECTION, that appears at the bottom of the Zoom webinar screen to be
need to comply with the man- SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANU- recognized by the Zoom webinar host.
date,"she said. ARY 1,THE LIEN DATE FOR AD VALOREM TAXES;PROVID-
She said that Monroe County is ING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK The Zoom webinar host will request the item # on which you
AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, wish to speak and enable your participation when the Mayor
-VACCINE DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS calls for public speakers on your item. To report problems with
AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, the broadcast or participation in the Zoom webinar,please
from Page 1 MORTGAGES, TITLES, AND CLAIMS; AUTHORIZING call(305)872-8831.
9 EXEMPTIONS AND HARDSHIP ASSISTANCE; PROVIDING
to schedule COVID-19 vaccine PROCEDURES FOR COLLECTION OF ASSESSMENTS; Pursuant to Section 286.0105, Florida Statutes, notice is given
appointments for individuals 65 AUTHORIZING THE ISSUANCE OF OBLIGATIONS that if a person decides to appeal any decision made by the
and older and frontline health SECURED BY ASSESSMENTS AND PROVIDING FOR THE Board with respect to any matter considered at such hearings or
care workers. TERMS THEREOF; PROVIDING THAT THE COUNTY'S TAX- meetings,he will need a record of the proceedings,and that,for
Individuals can pre-register for ING POWER SHALL NOT BE PLEDGED;PROVIDING REME- such purpose, he may need to ensure that a verbatim record of
vaccine appointments and be DIES; DEEMING THAT PLEDGED REVENUES SHALL BE the proceedings is made, which record includes the testimony
notified when appointments are CONSIDERED TRUST FUNDS; PROVIDING FOR THE and evidence upon which the appeal is to be based.
available in their area by visiting REFUNDING OF OBLIGATIONS; PROVIDING THAT THIS
http://myvaccine.fl.gov. This ORDINANCE IS AN ALTERNATIVE MEANS OF IMPLEMEW ADA ASSISTANCE: If you are a person with a disability who
website will allow individuals TATION AND FOR SEVERABILITY; PROVIDING FOR THIS needs special accommodations in order to participate in
who are eligible to receive the ORDINANCE TO BE LIBERALLY CONSTRUED; PROVIDING this proceeding,please contact the County Administrator's
COVID-19 vaccine to be proac- FOR CONFLICTS AND CODIFICATION; PROVIDING FOR Office, by phoning (305) 292-4441, between the hours of
tively contacted when vaccine INCLUSION IN THE MONROE COUNTY CODE; PROVIDNG 8:30a.m.-5.00p.m.,prior to the scheduled meeting;if you
appointments are available at FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE are hearing or voice-impaired, call "711". Live Closed-
state-supported vaccination sites. DATE. Captioning is available via our web portal @ http://monroe-
On the site,residents can select countyfl.igm2.com/Citizens/Default.aspx for meetings of
their county and submit their The public can participate in the February 17,2021,meeting the Monroe County Board of County Commissioners.
contact information. Once of the Board of County Commissioners of Monroe County,
appointments are available,indi- FL via Communication Media Technology("Cli using a Dated at Key West, Florida,this 22 day of January,2021.
viduals will be contacted by Zoom Webinar platform by following the detailed instruc-
phone call,text or email and will tions below. The public is strongly encouraged to watch the (SEAL) KEVIN MADOK, Clerk of the Circuit Court and
be assisted in scheduling an meeting on Monroe County's MCTV on Comcast Channel 76, ex officio Clerk of the Board of County Commissioners
See VACCINE on Page 11 AT&T U-verse Channel 99 or on the County's web portal @ of Monroe County, Florida
3602
GJ�1 C°UR"c
o: Kevin Madok, CPA
.. .... Clerk of the Circuit Court& Comptroller— Monroe Count Florida
•ROE COUNT. Y1
March 3, 2021
Department of State
Adtuiiiistrative Code& Register
500 S Bronough Street
Tallabassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 002-2021 relating to the imposition of
Special Assessments for a Sea Level Rise and Flood Mitigation Program; creating and establishing
a Monroe County Roadway Improvement and Sea Level Rise and Flood Mitigation Program
Municipal Ser-NriCe Benefit Unit("MSBU") to finance the improvements; authorizing the
imposition and collection of assessments against property within the tuiiiicorporated area of
Monroe County and subject to the consent by Ordinance of the governiiig board of anv affected
municipality the MSBU may include the botuidaries of a municipality; establishing the procedures
for imposing assessments; establishing procedures for notice and adoption of assessment rolls;
proxriding that assessments constitute a lien on assessed property upon adoption of the assessment
roll; proxriding that the lien for an assessment collected pursuant to sections 197.3632 and
197.3635, Florida Statutes,upon perfection, shall attach to the property on the prior Januaiy 1, the
lien date for ad valorem taxes; proxriding that a perfected lien shall be equal iii rank and dignity
with the liens of all state, comity, district, or municipal taxes and assessments and superior iii
dignity to all other prior liens,mortgages, titles, and claims; authorizing exemptions and hardship
assistance; proxriding procedures for collection of assessments; authorizing the issuance of
obligations secured by assessments and proxriding for the terms thereof; proxriding that the Cotuiws
taxing power shall not be pledged; proxriding remedies; deeming that pledged revenues shall be
considered trust fluids; proxridiiig for the reftuidiiig of obligations; proxridiiig that this Ordinance is
an alternative means of implementation and for severability; prox"diiig for this Ordinance to be
liberally construed; proxridiiig for conflicts and codification; proxridiiig for inclusion iii the Monroe
County Code; proxridiiig for severability; and prox"ding an effective date.
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florid? limn
305-294-4641 305-289-6027 305-852-7145 305-852-7145 3603
Ordinance No. 002-2021
March 3, 2021
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on February 17, 2021. Should you have any questions
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court&Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
bv.•Pamela G. Hancock, D.C.
cc: Planning& Environmental
County Attorney_
BOCC
File
3604
tr !
it
'.
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
March 4, 2021
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 002-2021, which was filed in this office on March 3,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 3605
RESOLUTION NO. -2023
A RESOLUTION OF MONROE COUNTY, FLORIDA ELECTING
TO USE THE UNIFORM METHOD OF COLLECTING NON-AD
VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE
COUNTY FOR THE PROVISION OF ROADWAY
IMPROVEMENTS, FLOOD MITIGATION PROJECTS AND
ADDRESSING SEA LEVEL RISE PROJECTS FOR TWIN
LAKES; STATING A NEED FOR SUCH LEVY; PROVIDING FOR
THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, in February 2021, Monroe County Board of County Commissioners (BOCC)
adopted Monroe County Ordinance No. 002-2021, the Sea Level Rise and Flood Mitigation
Assessment Ordinance ("Ordinance"); and
WHEREAS, Section 197.3632(3)(a), Florida Statutes, and Section 4.01 of the Ordinance
both provide that a Notice of Intent resolution must be adopted by the BOCC prior to January 1
before each fiscal year in which the County intends to collect a special assessment for the first
time using the uniform method for collection set forth in Section 197.3632; and
WHEREAS, Monroe County, Florida (the "County") is contemplating the imposition of
special assessments for the provision of roadway improvements, flood mitigation projects and
sea level rise projects in the Twin Lakes and Twin Lakes First Addition subdivisions in Key Largo
shown in the map in Exhibit B; and
WHEREAS, the County intends to use the uniform method for collecting non-ad valorem
special assessments for the cost of providing roadway improvements, flood mitigation projects
and addressing sea level rise impacts and related services to property within the County as
authorized by section 197.3632, Florida Statutes, as amended, because this method will allow
such special assessments to be collected and paid annually commencing in November 2024, in
the same manner as provided for ad valorem taxes; and
WHEREAS, the County held a duly advertised public hearing prior to the adoption of this
Resolution, proof of publication of such hearing being attached hereto as Exhibit A.
NOW, THEREFORE BE IT RESOLVED:
1. Commencing with the Fiscal Year beginning on October 1, 2024, and with the tax
statement mailed for such Fiscal Year and continuing thereafter until discontinued by the County,
the County intends to use the uniform method of collecting non-ad valorem assessments
authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem
assessments for the cost of providing roadway improvements, flood mitigation projects and sea
level rise projects, and related services. Such non-ad valorem assessments shall be levied in
one or more geographic areas within the unincorporated County. A legal description and map of
such area subject to the assessment is attached hereto as Exhibit B and incorporated by
reference.
2. The County hereby determines that the levy of the assessments is needed to fund
the cost of roadway improvements, flood mitigation projects and addressing sea level rise
impacts, and related services, including operations and maintenance for roadway improvements,
flood mitigation projects and sea level rise projects, within the County.
3606
3. Upon adoption, the County Clerk is hereby directed to send a copy of this
Resolution by United States mail to the Florida Department of Revenue, the Monroe County Tax
Collector, and the Monroe County Property Appraiser by January 10, 2024.
4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the 13th day of December 2023.
Mayor Holly Merrill Raschein
Mayor Pro Tern Michelle Lincoln
Commissioner Craig Cates
Commissioner James K. Scholl
Commissioner David Rice
ATTEST: Kevin Madok, CPA, Clerk Board of County Commissioners of Monroe
County, Florida
By: By:
As Deputy Clerk Mayor
Approved as to form and legal sufficiency:
Monroe County Attorney's Office 11-28-2023
3607
EXHIBIT A
PROOF OF PUBLICATION
3608
KeysNews.com
KE
f IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO ADMIN/BOCC
1100 SIMONTON ST STE 2-205
KEY WEST FL 33040
Account: 423273 Ticket: 3909230
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENT TO USE UNIFORM phoning(305)292.4441, between the
METHOD OF COLLECTING NON-AD hours of 8:30a.m.-5:00p.m., prior to
COUNTY OF MONROE VALOREM ASSESSMENTS the scheduled meeting;if you are hear-
ing or voice-impaired,call '711". Live
NOTICE IS HEREBY GIVEN TO WHOM IT Closed-Captioning is available via our
Before the undersigned authority personally appeared MAY CONCERN that on December 13, web portal @
2023,at 9:00 a.m.or as soon thereaf- http://monroecountyfl.igm2.com/Citi-
ter as it may be heard,at the Monroe zens/Default.aspx for meetings of the
County BOCC Chambers at the Murray Monroe County Board of County Com-
Mclinda Prescott who on oath says that he or she is Nelson Government Center, 102050 missioners.
Overseas Highway, Key Largo, Florida,
the Monroe County Board of County Dated at Key West, Florida, this 30th
The legal advertising representative of the Key West Citizen,a five day news- Commissioners will consider adoption day of October 2023.
paper published in Key West, in Monroe County, Florida;that the attached copy of the following resolution: KEVIN MADOK, Clerk of the Circuit
of advertisment, being a legal notice in the matter of NOI Sea Level Rise was A RESOLUTION OF MONROE COUNTY, Court and (SEAL) ex officio Clerk of
FLORIDA ELECTING TO USE THE UNI- the Board of County Commissioners of
published In said newspaper In the Issues of: FORM METHOD OF COLLECTING NON- Monroe County,Florida
AD VALOREM SPECIAL ASSESSMENTS 11/07/23, 11/14/23, 11/21/23, 11/28/23-
LEVIED WITHIN THE COUNTY FOR THE KWC
Tuesday, November 7,2023 PROVISION OF ROADWAY IMPROVE- 423273 3909230
Tuesday, November 14,2023 MENTS,FLOOD MITIGATION PROJECTS
AND ADDRESSING SEA LEVEL RISE
Tuesday, November21,2023 PROJECTS FOR TWIN LAKES; STATING
Tuesday, November 28,2023 A NEED FOR SUCH LEVY, PROVIDING
FOR THE MAILING OF THIS RESOLU-
TION;AND PROVIDING FOR AN EFFEC-
Affiant further says that the Key West Citizen is a newspaper published in Key TIVE DATE.
West, in said Monroe County, Florida and that the said newspapers has hereto- The resolution, if adopted, would in-
fore been continuously published in said Monroe County, Florida Tuesday thru dicate the County's intent to use the
Saturday weekly,and has been entered as periodicals matter at the post office in uniform method of collecting non-ad
valorem special assessments to be lev-
Key West, in said Monroe County, Florida,for a period of 1 year next preceding ied within the County as authorized by
the first publication of the attached copy of advertisement;and affiant further says section 197.3632, Florida Statutes, for
that he or she has neither aid nor promised an person,firm or corporation an the ts, flost providing roadway improve-
that p Y p p Y ments, flood mitigation projects and
discount, rebate, commission or refund for the purpose of securing this advertise- sea level rise projects for the Fiscal Year
ment for publication in the said newspaper. beginning on October 1,2024 and con-
tinuing until discontinued by the Coun-
ty.
The proposed resolution, which con-
tains the legal description of the real
" property subject to the levy and states
the need for the special assessment,can
(Signature ofAffiant) be inspected by the public by viewing
the agenda packet for this meeting at:
Affirmed and subscribed before me this 28th dayof November 2023 http://mont.aspx ntyfl.igm2.com/citi-
zens/default.aspx
All interested persons are invited to at-
tend,either in person or by zoom.The
zoom link can be found at:
http://monroecountyfl.igm2.com/citi-
(Notary Public Signature) zens/default.aspx
Pursuant to Section 286.0105, Florida
Laura M Robins Statutes,notice is given that if a person
(Notary Public Printed Name) decides to appeal any decision made by
the Board with respect to any matter
considered at such hearings or meet-
My commission expires 9/26/2026 ings,he will need a record of the pro-
ceedings and that,for such purpose,he
may need to ensure that a verbatim re-
Personally Known X Produced Identification_ cord of the proceedings is made,which
Type of Identification Produced (Notary Seal) record includes the testimony and evi-
dence upon which the appeal is to be
fVr.,; r PxFa��u. 1�� �ro ,irwetla based.
S Lo, ADA ASSISTANCE: If you are a person
6
ru ��ro7rrmii sG�n Kce z .. with a disability who needs special
HIWi d npi eu s2 P2d]2 accommodations in order to particle
pate in this proceeding,please contact
the County Administrator's Office, by
3609
EXHIBIT B
LEGAL DESCRIPTION
MONROE COUNTY, FLORIDA
CHAPTER 7.44, FLORIDA STATUTES
The following portion of the Twin Lakes subdivisions:
KEY LARGO AREA
That portion of the unincorporated area of Monroe County bounded on the west by Florida Bay
(Largo Sound) and Lake Donna lying to the west of Shaw Drive, on the east by the canal
between Shaw Drive and Ellen Drive and by the canal to the east of Adams Dr. up to the Florida
Bay, on the north by Florida Bay, and on the south by Brown Street, all in Monroe County,
Florida.
3610
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3611