Resolution 645-2023 RESOLUTION NO. 645 -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.
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 Yes
Mayor Pro Tern James K. Scholl Yes
.....0. ....... Commissioner Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner David Rice Yes
vin 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
EXHIBIT A
PROOF OF PUBLICATION
KeysNews.eom
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, flo of od
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:
httpAffirmed and subscribed before me this 28th dayof November 2023 zens/d/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
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based.
S ., ADA ASSISTANCE: If you are a person
with a disability who needs special
IIWinpi eu 3'2k`P�d]2f accommodations in order to partici-
pate in this proceeding,please contact
the County Administrator's Office, by
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.
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Clerk of the C'cult Coun Czar ptrdler_. NWnroe County, Florid
Deccrnhcr 22, 2023
`hate of.Florida
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AttXacfrcd is a,copy of Itrsolution Vt (115-20151 c°1ming to use the uniforin nic( od cif
rallrcting iron-ad valorem spc6al asscmnrrnts levied within the cmunty for-the faroGhni of roadway
inrl>rove.nrrnts, flood rrritiptiorr projcrts and addressing sea level rise Iwgjcrts for l'win I,akc:s,
Stating a need for sub levy„ pnwovicling for die ina.ifin of this r•rsolut4my arrd lrroviclirr,g G r• all
effeetivc elate.
'I'lris resolution was adopted by ill(' Monroe County Board of C"aunty C"onrrnissioners, it a
regidar inecting lrrlcl in formal session, on IXxvnrlrc:r 13, 2023.
Should you have any(lurskmis, please IN! free to contact rare at C30 5) 292-35,50.
Ite:sfrrrtf'ully subrrrittrd,
Kevin A4mh&, CPA
(Jerk of the Grrrrit ('our-t 8c (Annptrrrffer-
cx-ollh% to fire Monroc ('aunty Board of
County Conrrrlissioner-s
I3y: I)w1 eb, G, fbrre ocA" I) c
rr: Propcily Appraiser
lox (NAIrrtcrr.
Rhonda, I laa
(Aminty Attorney
Fina.rrc°c
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KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Flarida 33050 Plantation Key, Florida 33070