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Item O07 07 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 May 15, 2024 Agenda Item Number: 07 2023-2514 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger no AGENDA ITEM WORDING: Approval of a resolution requesting that the Supervisor of Elections place two questions on the November 2024 general election ballot for the Monroe County School Board. ITEM BACKGROUND: Florida law requires that the County Commission call elections before referenda questions proposed by the School Board may be placed upon the ballot. for consideration by the voters. See, F.S. 212.055(6) (b) and F.S. 1011.73(2). This item is being drafted in anticipation of School Board action that is scheduled to take place between the agenda deadline and the BOCC meeting on May 15, 2024. On the evening of May 7, 2024, the School Board will be considering two resolutions calling on the County Commission to call elections to extend: a) the "operational millage levy" under F.S. 1011.71(9) for an additional 4 years; and b)the 1/2 cent "School Capital Outlay Surtax" under F.S. 212.055(6) for an additional ten years. The School Board's agenda item is attached for further information. Due to the lack of a June BOCC meeting and the Supervisor Elections'August 20th deadline for inclusion of ballot questions on the November ballot, the School Board requests that the BOCC consider this request in May so that any issues that might arise can be corrected at the July 17th BOCC meeting. The draft BOCC resolution calls on the Supervisor to place both questions on the November ballot. That resolution will be updated before the May 15th BOCC meeting to include the numbers of both School Board resolutions. That resolution may also include any other changes that the School Board makes to its two resolutions at its May 7th meeting. PREVIOUS RELEVANT BOCC ACTION: Approval. 3928 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: BOCC Resolution - School Board Referendum Ballot Questions for General Election 2024.pdf MCSB - 2024 Referendum Resolutions.pdf FINANCIAL IMPACT: None on the BOCC. 3929 12 M v MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA REQUESTING THE SUPERVISOR OF ELECTIONS TO PLACE BEFORE THE VOTERS AT THE NOVEMBER 2024 GENERAL ELECTION TWO SEPARATE QUESTIONS REQUESTED BY THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, TO: 1) DETERMINE WHETHER THE SCHOOL BOARD SHALL BE AUTHORIZED TO RENEW THE OEPRATIONAL MILLAGE LEVY FOR AN ADDITIONAL FOUR (4) YEARS BEGINNING ON JANUARY 1,2027 FOR EXPENDITURE ON LAWFUL PURPOSES AS PROVIDED FOR IN F.S. 1011.71(9); AND 2) DETERMINE WHETHER THE HALF CENT SCHOOL CAPITAL OUTLAY SURTAX SHALL BE RENEWED AND LEVIEDFOR AN ADDITIONAL TEN (10) YEARS, BEGINNING ON JANUARY 1, 2026, FOR EXPENDITURE ON LAWFUL PURPOSES AS PROVIDED FOR IN F . S . 212 . 055 (6) . WHEREAS, F.S. 1011.71(9) authorizes a school district to levy, by local referendum, additional millage for school operational purposes up to an amount that, when combined with non-voted millage levied under the Section, does not exceed the 10mill limit established in s. 9(b), Art. VII ofthe Florida Constitution; and WHEREAS, F.S. 1011.73(2) authorizes a school board, by resolution adopted at a regular meeting, to direct the Board of County Commissioners to call an election at which the electors within the school district may approve an ad valorem tax millage as authorized under F.S. 1011.71(9); and WHEREAS, on May 7, 2024, the Monroe County School Board (MCSB ) adopted MCSB Resolution No. 20 2 4- T B D (a), attached hereto as Exhibit "A" to this resolution, to levy a yearly ad valorem millage tax of n o m o r e t h a n .5625 mill, for four (4) years beginning January 1, 07; for operating expenses of Monroe County schools, including but not limited to, funding safe-school officers; and WHEREAS, the School Board has presented MCSB Resolution No. 2024-TBD to the County Commission requesting that it call an election for the purpose of placing their referendum question concerning the School Board's levy of a yearly ad valorem tax increase of up to .5625 mill for four (4) years on the November 5, 2024, general election ballot.; and WHEREAS, F.S. 212.055(6) authorizes the school board of each county to levy a discretionary surtax of up to one-half cent for fixed capital expenditures or fixed capital costs associated with the construction, reconstruction, or improvement of school facilities and campuses, and other purposes as provided by law; and 3930 WHEREAS, F.S. 212.055(6)(b) requires that such questions be places on the ballot by the governing board of the county; and WHEREAS, on May 7, 2024, the MCSB adopted MCSB Resolution 2024-TBD(b), attached hereto as Exhibit "B" to this resolution, to levy the 1/2 cent School Capital Outlay Surtax for an additional ten (10) years beginning January 1, 2026. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OFMONROE COUNTY, FLORIDA- 1. That pursuant the Supervisor of Elections is hereby requested to place two separate questions before the voters on the November 2024 general election ballot as provided for in MCSB Resolutions 2024- TBA(a) and 2024-TBD(b), which are attached hereto and incorporated herein, as Exhibits A and B to this resolution. 2. The Clerk is directed to send a certified copy of this Resolution to the Supervisor of Elections. PASSED AND ADOPTED at a regular meeting held on the 15th day of May, 2024. Mayor Holly Merrill Raschein Mayor Pro Tern James K. Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Holly Merrill Raschein (SEAL) ATTEST: KEVIN MADOK, CLERK By: As Deputy Clerk Approved as to form and legal sufficiency Robert B. Shillinger, Monroe County Attorney 3931 Exhibit A RESOLUTION 2024— TBD(a) A RESOLUTION OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, PROPOSING RENEWAL OF OPERATIONAL MILLAGE LEVY, APPROVING FORM OF BALLOT QUESTION, REQUESTING PLACEMENT OF REFERENDUM ON BALLOT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,due to limitations in the State of Florida funding formula,the Monroe County School District has experienced budgetary shortfalls with respect to teacher salaries, insurance benefits, and classroom materials since 2004; and WHEREAS,in 2018,the State of Florida issued a mandate to promote school safety and enhanced coordination between education and law enforcement entities to comprehensively address the crisis of gun violence on school campuses in the wake of the tragedy at Marjory Stoneman Douglass High School in Parkland, Florida; and WHEREAS, Florida Statute § 1011.71(9) provides for an increase in ad valorem taxes for the purpose of raising additional funds for school operating purposes pursuant to referendum levying additional millage approved by the voters of Monroe County; and WHEREAS, Florida law requires that any discretionary millage levied by the Monroe County School District for operating funding be approved by the voters at least every four(4) years; and WHEREAS, the voters of Monroe County previously approved a referendum authorizing the School District to raise funds for purposes funding teacher salaries, enhancing security measures, retaining legally-required safe school officers, and operational expenses of Monroe County Schools for a four (4) year period beginning January 1, 2023; and WHEREAS, the School Board of Monroe County, Florida requires a renewal of the previously levied millage to continue meeting its operational budgetary needs with respect to teacher salaries, insurance benefits, classroom materials, and meeting the enhanced safety and security measures now required by law; and WHEREAS,the School Board of Monroe County seeks to renew and extend this funding which, if approved, the four-year levy period would not begin until January 1, 2027; and WHEREAS, the school board of Monroe County, Florida intends to issue a voter referendum in a general election on November 5, 2024, requesting that the Citizens of Monroe County, Florida approve a renewal of the 2022 operational millages; NOW THEREFORE BE IT RESOLVED BY THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, AS FOLLOWS: 3932 1. Adoption of Recitals The recitals set forth above are hereby incorporated herein by reference in their entirety as if set forth in the body of this Resolution. 2. Requesting Placement of Referendum on Election Ballot The School Board hereby requests that the Board of County Commissioners of Monroe County, Florida place the referendum to the voters on November 5, 2024, general elections to be held throughout Monroe County, Florida, for the purpose of submitting to the duly qualified electors of Monroe County the question set forth herein. 3. Notice of Election Not less than thirty (30) days' notice of said election shall be given by publication both in English and Spanish in a newspaper of general circulation throughout the District. Such publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which said election is to be held,which notice shall be substantially in the following form together with such additional information as the Supervisor of Elections and County Clerk of Monroe County, Florida shall require: NOTICE OF ELECTION TUESDAY, NOVEMBER 5, 2024, IN MONROE COUNTY, FLORIDA NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AT THE REQUEST OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA FROM 7:00 A.M. UNTIL 7:00 P.M. ON TUESDAY, THE FIFTH DAY NOVEMBER, 2024, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA THE FOLLOWING QUESTION: RENEWAL OF OPERATIONAL FUNDING FOR MONROE COUNTY SCHOOLS: The School District seeks to continue its current funding for operational expenses including teacher salaries and safe-school officers. Such funds will be shared with local charter schools proportionally based on their full-time student enrollment. Shall the District continue to enact a yearly ad valorem tax of no more than 0.5625 mill, for four (4) years beginning January 1, 2027, to fund safe-school officers and operational expenses of Monroe County Schools? YES NO 3933 4. Approval of Ballot Question The substance of the millage referendum and the ballot title shall read: RENEWAL OF OPERATIONAL FUNDING FOR MONROE COUNTY SCHOOLS: The School District seeks to continue its current funding for operational expenses including teacher salaries and safe-school officers. Such funds will be shared with local charter schools proportionally based on their full-time student enrollment. Shall the District continue to enact a yearly ad valorem tax of no more than 0.5625 mill, for four (4) years beginning January 1, 2027, to fund safe-school officers and operational expenses of Monroe County Schools? YES NO 5. Effective Date This resolution shall become effective immediately upon its adoption by the School Board of Monroe County, Florida. DULY ADOPTED by the School Board of Monroe County,Florida this day of 2024. Board Chair Suzanne Woltanski YES NO Vice-Chair Mindy Conn YES NO Board Member John Dick YES NO Board Member Andy Griffiths YES NO Board Member Darren Horan YES NO Board Chair, Dr. Woltanski APPROVED AS TO LEGAL FORM BY: Dirk M. Smits, B.C.S., Board Attorney 3934 Exhibit B RESOLUTION 2024— TBD(b) A RESOLUTION OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, PROPOSING RENEWAL OF THE DISCRETIONARY SALES SURTAX OF ONE-HALF CENT FOR THE PURPOSE OF FUNDING THE COSTS OF FIXED CAPITAL OUTLAY, LAND ACQUISITION, AND RETROFITTING, INCLUDING BOND INDEBTEDNESS; APPROVING FORM OF BALLOT QUESTION, REQUESTING PLACEMENT OF REFERENDUM ON BALLOT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, limited funding throughout the School District of Monroe County, Florida (the "District") for the costs of construction, reconstruction, and improvement of new and existing public school facilities, security upgrades, and for technology implementation continues; and WHEREAS, surveys by the School Board of Monroe County, Florida (the "School Board") indicate the need for capital improvements throughout the District continuing for an additional 10 years after the expiration of the current 1/2 cent levy; and WHEREAS, the legislature of the State of Florida in its 2002 session enacted subsection (6) of the Section 212.055, Florida Statutes, authorizing the imposition by school boards of a one-half cent sales surtax to fund capital outlay projects and technology implementation, including the payment of bond indebtedness therefore, subject to approval by the electors of the county voting in a referendum; and WHEREAS,the School Board desires to continue limiting the financial impact of its capital outlay and technology implementation programs on local property owners by minimizing the use of ad valorem taxes to pay the costs of such improvements; and WHEREAS, the School Board has adopted a plan for use of the proceeds of levy and collection of the surtax for capital outlay and technology implementation,which plan may be modified from time to time as the School Board determines to be in the best interest of the citizens throughout Monroe County; NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA: 1. Adoption of Recitals The recitals set forth above are hereby incorporated herein by reference in their entirety as if set forth in the body of this Resolution. 2. Tax Levy There is hereby levied and imposed within Monroe County a discretionary sales surtax of .5 percent (one-half percent) pursuant to the provisions of Section 212.055(6) Florida Statutes and Section 212.054 Florida Statutes. 3935 3. Term of Levy The surtax shall commence January 1,2026. The surtax shall remain in full force and effect for a period of ten (10) years from and after January 1, 2026, unless repealed or reduced prior to that time by resolution of the School Board, which repeal or reduction may be effectuated without referendum. 4. Administration The surtax levied hereby shall be collected, administered, and paid to the School Board by the Department of Revenue pursuant to the terms of Section 212.054, Florida Statutes and such other laws as may be applicable. 5. Use of Revenues The proceeds of the levy and the collection of the surtax and interest accrued thereto shall be expended by the School Board for fixed capital expenditures or fixed capital costs associated with the construction, reconstruction, or improvement of school facilities and campuses which have a useful life expectancy of five (5) or more years, and any land acquisition, land improvement, design and engineering or costs related thereto, including the costs of retrofitting and providing for technology implementation, including hardware and software, for the various sites within the District. Such proceeds and interest thereon may also be used for the purpose of servicing bond indebtedness to finance projects authorized above. The surtax revenue shall be shared with eligible charter schools based on their proportionate share of total school district capital outlay full-time equivalent enrollment as adopted by the education estimating conference established in Sections 216.136 Florida Statutes, and expended by the charter school in a manner consistent with the allowable uses set forth in Sections 1013.62(4) Florida Statutes. A brief and general description of the initial capital outlay projects to be funded by the surtax is set forth in the plan attached hereto as Exhibit "A". Such plan may be modified from time to time as circumstances change and needs arise. 6. Requesting Placement of Referendum on Ballot The School Board hereby requests that the Board of County Commissioners of Monroe County, Florida place the referendum to the voters on November 5, 2024, general elections to be held throughout Monroe County, Florida, for the purpose of submitting to the duly qualified electors of Monroe County the question set forth herein. 3936 7. Notice of Election Not less than thirty (30) days' notice of said election shall be given by publication both in English and Spanish in a newspaper of general circulation throughout the District. Such publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which said election is to be held,which notice shall be substantially in the following form together with such additional information as the Supervisor of Elections and County Clerk of Monroe County, Florida shall require: NOTICE OF ELECTION TUESDAY, NOVEMBER 5, 2024, IN MONROE COUNTY, FLORIDA NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AT THE REQUEST OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA FROM 7:00 A.M. UNTIL 7:00 P.M. ON TUESDAY, THE FIFTH DAY NOVEMBER, 2024, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA THE FOLLOWING QUESTION: FACILITATING SCHOOL DISTRICT CAPITAL PROJECTS THROUGH SALES TAX LEVY RATHER THAN RAISING LOCAL PROPERTY TAXES: The School District's capital improvement plan continues. Renewed funding is required to address security needs at schools, implement modern technology, construct new facilities, provide for renovations and additions to existing school structures and other permitted capital improvements, with collected revenues shared with charter schools according to Florida Law. Shall the School Board of Monroe County, Florida continue to levy a one-half cent sales surtax for a period of ten (10) years beginning January 1, 2026? FOR THE ONE-HALF CENTS TAX AGAINST THE ONE-HALF CENTS TAX RESOLUTION NO. ADOPTED BY THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA ON , 2024, PROVIDES FOR THE IMPOSITION OF A ONE-HALF CENT SALES TAX, THE PROCEEDS OF WHICH SHALL BE EXPENDED BY THE SCHOOL BOARD FOR CAPTIAL EXPENDITURES, FIXED CAPITAL COSTS, AND A PORTION OF WHICH WILL BE DISTRIBUTED TO ELIGIBLE CHARTER SCHOOLS IN ACCORDANCE WITH SECTION 212.055(6)(c) FLORIDA STATUES. 3937 IN ACCORDANCE WITH THE CONSTITUTION AND THE ELECTION LAWS OF THE STATE OF FLORIDA, ALL DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA SHALL BE ENTITLED TO VOTE IN THE ELECTION TO WHICH THIS NOTICE PERTAINS. THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA SHALL BE AUTHORIZED TO LEVY THE TAX COVERED BY THE QUESTION STATED ABOVE IF THE QUESTION SHALL BE APPROVED BY A VOTE OF A MAJORITY OF THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA VOTING THEREON. 8. Approval of Ballot Question The substance of the sales surtax referendum and ballot title shall read: FACILITATING SCHOOL DISTRICT CAPITAL PROJECTS THROUGH SALES TAX LEVY RATHER THAN RAISING LOCAL PROPERTY TAXES: The School District's capital improvement plan continues. Renewed funding is required to address security needs at schools, implement modern technology, construct new facilities, provide for renovations and additions to existing school structures and other permitted capital improvements, with collected revenues shared with charter schools according to Florida Law. Shall the School Board of Monroe County, Florida continue to levy a one-half cent sales surtax for a period of ten (10) years beginning January 1, 2026? FOR THE ONE-HALF CENTS TAX AGAINST THE ONE-HALF CENTS TAX 9. Effective Date Sections 2 through 5 of this Resolution shall be effective upon approval by a majority of votes cast by qualified electors in the referendum provided for herein and the remaining sections of this Resolution shall be effective immediately upon its adoption. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW] 3938 DULY ADOPTED by the School Board of Monroe County,Florida this day of 2024. Board Chair Suzanne Woltanski YES NO Vice-Chair Mindy Conn YES NO Board Member John Dick YES NO Board Member Andy Griffiths YES NO Board Member Darren Horan YES NO Board Chair, Dr. Woltanski APPROVED AS TO LEGAL FORM BY: Dirk M. Smits, B.C.S., Board Attorney 3939 Exhibit"A" Monroe County Schools Proposed Sources and Uses of Continuation of Half Penny Sales Tax For the Period January 1, 2026 to December 31, 2035 Sources in Dollars: Estimated Sales Tax Collections 222,000,000 Uses of Sales Tax Collections: New Construction: Key West High School Buildings 16 and 17 18,300,000 Total New Construction 18,300,000 Remodeling and Renovation: Coral Shores High School 25,000,000 CSHS Athletic Field 10,000,000 Horace O'Bryant School 5,000,000 Key Largo School 18,000,000 Key West High School 18,000,000 Marathon Middle High School 5,500,000 May Sands School (MARC) 2,000,000 Reynolds School 6,500,000 Sugarloaf School 12,250,000 Tommy Roberts Memorial Stadium 10,000,000 United St. Facilities Building/Bruce Hall 10,000,000 Total Remodeling and Renovation 122,250,000 Technology 40,370,000 Safety/Security 10,000,000 Charter Schools 31,080,000 Total Uses of Half-Cent Sales Tax 222,000,000 The above is an estimate of the capital outlay projects and are subject to change. The scope and timing of projects will be periodically determined by the School Board after consideration of the following objective criteria: a thorough, detailed assessment of facility condition; the age of the facility; current educational program requirements; safety, security and technology needs; and school capacity needs. 3940 Monroe County School District Superintendent of Schools A Theresa Axford to Easllae bfie Aloome ui.11 v$ihwln Board Rationale File #: MCSB -205-2024 TITLE Approval of Millage and Surtax Resolution and Letters BACKGROUND INFORMATION The Monroe County School District receives funding, in part, through voter-approved tax levies which must periodically be renewed and re-approved by voters and the Monroe County School Board. Two sources of revenue are currently up for renewal, the operational ad valorem tax of no more than .5625 mill, and the one-half cent sales surtax for capital projects and expenditures. The State of Florida has recently mandated that the referenda for these sources of revenue may only be presented to the voters during a general election. The ad valorem tax of .5625 mill was last approved by the voters of Monroe County, Florida on August 23, 2022, allowing the tax for a four-year period beginning January 1, 2023. Due to the requirement that the measure be voted on at a general election and cannot be levied for a period in excess of four years, the resolution relating to this revenue source seeks to prospectively renew the millage for a four-year period beginning immediately after the previously approved four-years expire, January 1, 2027. The one-half cent sales surtax was last approved by the voters in 2014 for a ten-year period beginning January 1, 2016. Meaning, this source of revenue would expire at the end of the year 2025. Due to the general election requirement, 2024 is the last year renewal of this measure can be presented to the voters in order to avoid a future lapse in funding. As such, the resolution relating to the sales surtax seeks to renew the surtax for ten years beginning January 1, 2026. The next documents presented for approval are three estoppel letters directed to the Florida Department of Revenue, Department of Justice Voting Section, and Monroe County Property Appraiser. The intent of these letters is to inform the aforementioned entities that the Monroe County School Board is seeking renewal of the aforementioned revenue sources and serves as a precautionary measure in case further action is needed. The final letter is along the same lines and addressed to the Office of Program Policy Analysis and Government Accountability ("OPPAGA"), an arm of the Florida Legislature. In the past years, Fla. Stat. 212.055 was amended to require a performance audit of the program associated with the proposed surtax. In order to initiate this, OPPAGA must receive a copy of the signed resolution relating to the sales surtax 180 days before the referendum is to be voted on, meaning May 9, 2024, in this instance. However, the statue provides for an exception stating that performance audit does not apply to a referendum held to adopt the same discretionary surtax that was in place during the month of December immediately before the date of the referendum. It is our position that the sales surtax renewal falls within this exception because it seeks funding for the same types of projects, seeks to levy the same amount, and is seeking renewal for the same period of time as the surtax that was in effect during December 2023. We recommended submitting this letter to OPPAGA out of an abundance of caution as it will possibly avoid having the audit take place or, in the alternative, it allows for compliance with the statute and for the audit to timely take place if OPPAGA deems it necessary. Monroe County School District Printed on 1 3941 RECOMMENDATION Recommend Approval of Millage and Surtax Resolution and Letters Board Meeting Date: May 07, 2024 Monroe County School District Printed on 2 3942 RESOLUTION 2024— A RESOLUTION OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, PROPOSING RENEWAL OF OPERATIONAL MILLAGE LEVY, APPROVING FORM OF BALLOT QUESTION, REQUESTING PLACEMENT OF REFERENDUM ON BALLOT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,due to limitations in the State of Florida funding formula,the Monroe County School District has experienced budgetary shortfalls with respect to teacher salaries, insurance benefits, and classroom materials since 2004; and WHEREAS,in 2018,the State of Florida issued a mandate to promote school safety and enhanced coordination between education and law enforcement entities to comprehensively address the crisis of gun violence on school campuses in the wake of the tragedy at Marjory Stoneman Douglass High School in Parkland, Florida; and WHEREAS, Florida Statute § 1011.71(9) provides for an increase in ad valorem taxes for the purpose of raising additional funds for school operating purposes pursuant to referendum levying additional millage approved by the voters of Monroe County; and WHEREAS, Florida law requires that any discretionary millage levied by the Monroe County School District for operating funding be approved by the voters at least every four(4) years; and WHEREAS, the voters of Monroe County previously approved a referendum authorizing the School District to raise funds for purposes funding teacher salaries, enhancing security measures, retaining legally-required safe school officers, and operational expenses of Monroe County Schools for a four (4) year period beginning January 1, 2023; and WHEREAS, the School Board of Monroe County, Florida requires a renewal of the previously levied millage to continue meeting its operational budgetary needs with respect to teacher salaries, insurance benefits, classroom materials, and meeting the enhanced safety and security measures now required by law; and WHEREAS,the School Board of Monroe County seeks to renew and extend this funding which, if approved, the four-year levy period would not begin until January 1, 2027; and WHEREAS, the school board of Monroe County, Florida intends to issue a voter referendum in a general election on November 5, 2024, requesting that the Citizens of Monroe County, Florida approve a renewal of the 2022 operational millages; NOW THEREFORE BE IT RESOLVED BY THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, AS FOLLOWS: 3943 1. Adoption of Recitals The recitals set forth above are hereby incorporated herein by reference in their entirety as if set forth in the body of this Resolution. 2. Requesting Placement of Referendum on Election Ballot The School Board hereby requests that the Board of County Commissioners of Monroe County, Florida place the referendum to the voters on November 5, 2024, general elections to be held throughout Monroe County, Florida, for the purpose of submitting to the duly qualified electors of Monroe County the question set forth herein. 3. Notice of Election Not less than thirty (30) days' notice of said election shall be given by publication both in English and Spanish in a newspaper of general circulation throughout the District. Such publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which said election is to be held,which notice shall be substantially in the following form together with such additional information as the Supervisor of Elections and County Clerk of Monroe County, Florida shall require: NOTICE OF ELECTION TUESDAY, NOVEMBER 5, 2024, IN MONROE COUNTY, FLORIDA NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AT THE REQUEST OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA FROM 7:00 A.M. UNTIL 7:00 P.M. ON TUESDAY, THE FIFTH DAY NOVEMBER, 2024, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA THE FOLLOWING QUESTION: RENEWAL OF OPERATIONAL FUNDING FOR MONROE COUNTY SCHOOLS: The School District seeks to continue its current funding for operational expenses including teacher salaries and safe-school officers. Such funds will be shared with local charter schools proportionally based on their full-time student enrollment. Shall the District continue to enact a yearly ad valorem tax of no more than 0.5625 mill, for four (4) years beginning January 1, 2027, to fund safe-school officers and operational expenses of Monroe County Schools? YES NO 3944 4. Approval of Ballot Question The substance of the millage referendum and the ballot title shall read: RENEWAL OF OPERATIONAL FUNDING FOR MONROE COUNTY SCHOOLS: The School District seeks to continue its current funding for operational expenses including teacher salaries and safe-school officers. Such funds will be shared with local charter schools proportionally based on their full-time student enrollment. Shall the District continue to enact a yearly ad valorem tax of no more than 0.5625 mill, for four (4) years beginning January 1, 2027, to fund safe-school officers and operational expenses of Monroe County Schools? YES NO 5. Effective Date This resolution shall become effective immediately upon its adoption by the School Board of Monroe County, Florida. DULY ADOPTED by the School Board of Monroe County,Florida this day of 2024. Board Chair Suzanne Woltanski YES NO Vice-Chair Mindy Conn YES NO Board Member John Dick YES NO Board Member Andy Griffiths YES NO Board Member Darren Horan YES NO Board Chair, Dr. Woltanski APPROVED AS TO LEGAL FORM BY: Dirk M. Smits, B.C.S., Board Attorney 3945 RESOLUTION 2024— A RESOLUTION OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, PROPOSING RENEWAL OF THE DISCRETIONARY SALES SURTAX OF ONE-HALF CENT FOR THE PURPOSE OF FUNDING THE COSTS OF FIXED CAPITAL OUTLAY, LAND ACQUISITION, AND RETROFITTING, INCLUDING BOND INDEBTEDNESS; APPROVING FORM OF BALLOT QUESTION, REQUESTING PLACEMENT OF REFERENDUM ON BALLOT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, limited funding throughout the School District of Monroe County, Florida (the "District") for the costs of construction, reconstruction, and improvement of new and existing public school facilities, security upgrades, and for technology implementation continues; and WHEREAS, surveys by the School Board of Monroe County, Florida (the "School Board") indicate the need for capital improvements throughout the District continuing for an additional 10 years after the expiration of the current 1/z cent levy; and WHEREAS, the legislature of the State of Florida in its 2002 session enacted subsection (6) of the Section 212.055, Florida Statutes, authorizing the imposition by school boards of a one-half cent sales surtax to fund capital outlay projects and technology implementation, including the payment of bond indebtedness therefore, subject to approval by the electors of the county voting in a referendum; and WHEREAS,the School Board desires to continue limiting the financial impact of its capital outlay and technology implementation programs on local property owners by minimizing the use of ad valorem taxes to pay the costs of such improvements; and WHEREAS, the School Board has adopted a plan for use of the proceeds of levy and collection of the surtax for capital outlay and technology implementation,which plan may be modified from time to time as the School Board determines to be in the best interest of the citizens throughout Monroe County; NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA: 1. Adoption of Recitals The recitals set forth above are hereby incorporated herein by reference in their entirety as if set forth in the body of this Resolution. 2. Tax Levy There is hereby levied and imposed within Monroe County a discretionary sales surtax of .5 percent (one-half percent) pursuant to the provisions of Section 212.055(6) Florida Statutes and Section 212.054 Florida Statutes. 3946 3. Term of Levy The surtax shall commence January 1,2026. The surtax shall remain in full force and effect for a period of ten (10) years from and after January 1, 2026, unless repealed or reduced prior to that time by resolution of the School Board, which repeal or reduction may be effectuated without referendum. 4. Administration The surtax levied hereby shall be collected, administered, and paid to the School Board by the Department of Revenue pursuant to the terms of Section 212.054, Florida Statutes and such other laws as may be applicable. 5. Use of Revenues The proceeds of the levy and the collection of the surtax and interest accrued thereto shall be expended by the School Board for fixed capital expenditures or fixed capital costs associated with the construction, reconstruction, or improvement of school facilities and campuses which have a useful life expectancy of five (5) or more years, and any land acquisition, land improvement, design and engineering or costs related thereto, including the costs of retrofitting and providing for technology implementation, including hardware and software, for the various sites within the District. Such proceeds and interest thereon may also be used for the purpose of servicing bond indebtedness to finance projects authorized above. The surtax revenue shall be shared with eligible charter schools based on their proportionate share of total school district capital outlay full-time equivalent enrollment as adopted by the education estimating conference established in Sections 216.136 Florida Statutes, and expended by the charter school in a manner consistent with the allowable uses set forth in Sections 1013.62(4) Florida Statutes. A brief and general description of the initial capital outlay projects to be funded by the surtax is set forth in the plan attached hereto as Exhibit "A". Such plan may be modified from time to time as circumstances change and needs arise. 6. Requesting Placement of Referendum on Ballot The School Board hereby requests that the Board of County Commissioners of Monroe County, Florida place the referendum to the voters on November 5, 2024, general elections to be held throughout Monroe County, Florida, for the purpose of submitting to the duly qualified electors of Monroe County the question set forth herein. 3947 7. Notice of Election Not less than thirty (30) days' notice of said election shall be given by publication both in English and Spanish in a newspaper of general circulation throughout the District. Such publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which said election is to be held,which notice shall be substantially in the following form together with such additional information as the Supervisor of Elections and County Clerk of Monroe County, Florida shall require: NOTICE OF ELECTION TUESDAY, NOVEMBER 5, 2024, IN MONROE COUNTY, FLORIDA NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AT THE REQUEST OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA FROM 7:00 A.M. UNTIL 7:00 P.M. ON TUESDAY, THE FIFTH DAY NOVEMBER, 2024, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA THE FOLLOWING QUESTION: FACILITATING SCHOOL DISTRICT CAPITAL PROJECTS THROUGH SALES TAX LEVY RATHER THAN RAISING LOCAL PROPERTY TAXES: The School District's capital improvement plan continues. Renewed funding is required to address security needs at schools, implement modern technology, construct new facilities, provide for renovations and additions to existing school structures and other permitted capital improvements, with collected revenues shared with charter schools according to Florida Law. Shall the School Board of Monroe County, Florida continue to levy a one-half cent sales surtax for a period of ten (10) years beginning January 1, 2026? FOR THE ONE-HALF CENTS TAX AGAINST THE ONE-HALF CENTS TAX RESOLUTION NO. ADOPTED BY THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA ON , 2024, PROVIDES FOR THE IMPOSITION OF A ONE-HALF CENT SALES TAX, THE PROCEEDS OF WHICH SHALL BE EXPENDED BY THE SCHOOL BOARD FOR CAPTIAL EXPENDITURES, FIXED CAPITAL COSTS, AND A PORTION OF WHICH WILL BE DISTRIBUTED TO ELIGIBLE CHARTER SCHOOLS IN ACCORDANCE WITH SECTION 212.055(6)(c) FLORIDA STATUES. 3948 IN ACCORDANCE WITH THE CONSTITUTION AND THE ELECTION LAWS OF THE STATE OF FLORIDA, ALL DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA SHALL BE ENTITLED TO VOTE IN THE ELECTION TO WHICH THIS NOTICE PERTAINS. THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA SHALL BE AUTHORIZED TO LEVY THE TAX COVERED BY THE QUESTION STATED ABOVE IF THE QUESTION SHALL BE APPROVED BY A VOTE OF A MAJORITY OF THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA VOTING THEREON. 8. Approval of Ballot Question The substance of the sales surtax referendum and ballot title shall read: FACILITATING SCHOOL DISTRICT CAPITAL PROJECTS THROUGH SALES TAX LEVY RATHER THAN RAISING LOCAL PROPERTY TAXES: The School District's capital improvement plan continues. Renewed funding is required to address security needs at schools, implement modern technology, construct new facilities, provide for renovations and additions to existing school structures and other permitted capital improvements, with collected revenues shared with charter schools according to Florida Law. Shall the School Board of Monroe County, Florida continue to levy a one-half cent sales surtax for a period of ten (10) years beginning January 1, 2026? FOR THE ONE-HALF CENTS TAX AGAINST THE ONE-HALF CENTS TAX 9. Effective Date Sections 2 through 5 of this Resolution shall be effective upon approval by a majority of votes cast by qualified electors in the referendum provided for herein and the remaining sections of this Resolution shall be effective immediately upon its adoption. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW] 3949 DULY ADOPTED by the School Board of Monroe County,Florida this day of 2024. Board Chair Suzanne Woltanski YES NO Vice-Chair Mindy Conn YES NO Board Member John Dick YES NO Board Member Andy Griffiths YES NO Board Member Darren Horan YES NO Board Chair, Dr. Woltanski APPROVED AS TO LEGAL FORM BY: Dirk M. Smits, B.C.S., Board Attorney 3950 Exhibit"A" Monroe County Schools Proposed Sources and Uses of Continuation of Half Penny Sales Tax For the Period January 1, 2026 to December 31, 2035 Sources in Dollars: Estimated Sales Tax Collections 222,000,000 Uses of Sales Tax Collections: New Construction: Key West High School Buildings 16 and 17 18,300,000 Total New Construction 18,300,000 Remodeling and Renovation: Coral Shores High School 25,000,000 CSHS Athletic Field 10,000,000 Horace O'Bryant School 5,000,000 Key Largo School 18,000,000 Key West High School 18,000,000 Marathon Middle High School 5,500,000 May Sands School (MARC) 2,000,000 Reynolds School 6,500,000 Sugarloaf School 12,250,000 Tommy Roberts Memorial Stadium 10,000,000 United St. Facilities Building/Bruce Hall 10,000,000 Total Remodeling and Renovation 122,250,000 Technology 40,370,000 Safety/Security 10,000,000 Charter Schools 31,080,000 Total Uses of Half-Cent Sales Tax 222,000,000 The above is an estimate of the capital outlay projects and are subject to change. The scope and timing of projects will be periodically determined by the School Board after consideration of the following objective criteria: a thorough, detailed assessment of facility condition; the age of the facility; current educational program requirements; safety, security and technology needs; and school capacity needs. 3951 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Wednesday, May 8, 2024 2:44 PM To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock; Senior Management Team and Aides; Liz Yongue; InternalAudit Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Saenz- Stephanie; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John; InternalAudit Subject: Item 07 BOCC 05/15/2024 REVISED BACKUP Attachments: Monroe County School Board Resolution 2024-001.pdf, Monroe County School Board Resolution 2024-002.pdf, AIS 2514.pdf Good Afternoon, Please be advised, the agenda item backup has been revised for item 07. "Approval of a resolution requesting that the Supervisor of Elections place two questions on the November 2024 general election ballot for the Monroe County School Board. " Sincerely, Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694(Cell) Courier Stop#1 Notary Public w.r o n r y e c_ u�n1y:�:V_e.gpy i». _ z..- _u`Y _ .�.. _rn nroecou�_nt.Y..-.�..:.i»g.Y. PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 07 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 May 15, 2024 Agenda Item Number: 07 2023-2514 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger no AGENDA ITEM WORDING: Approval of a resolution requesting that the Supervisor of Elections place two questions on the November 2024 general election ballot for the Monroe County School Board. ITEM BACKGROUND: Florida law requires that the County Commission call elections before referenda questions proposed by the School Board may be placed upon the ballot. for consideration by the voters. See, F.S. 212.055(6) (b) and F.S. 1011.73(2). This item is being drafted in anticipation of School Board action that is scheduled to take place between the agenda deadline and the BOCC meeting on May 15, 2024. On the evening of May 7, 2024, the School Board will be considering two resolutions calling on the County Commission to call elections to extend: a) the "operational millage levy" under F.S. 1011.71(9) for an additional 4 years; and b)the 1/2 cent "School Capital Outlay Surtax" under F.S. 212.055(6) for an additional ten years. The School Board's agenda item is attached for further information. Due to the lack of a June BOCC meeting and the Supervisor Elections'August 20th deadline for inclusion of ballot questions on the November ballot, the School Board requests that the BOCC consider this request in May so that any issues that might arise can be corrected at the July 17th BOCC meeting. The draft BOCC resolution calls on the Supervisor to place both questions on the November ballot. That resolution will be updated before the May 15th BOCC meeting to include the numbers of both School Board resolutions. That resolution may also include any other changes that the School Board makes to its two resolutions at its May 7th meeting. PREVIOUS RELEVANT BOCC ACTION: Approval. 1 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: BOCC Resolution - School Board Referendum Ballot Questions for General Election 2024.pdf MCSB - 2024 Referendum Resolutions.pdf FINANCIAL IMPACT: None on the BOCC. 2 RESOLUTION 2024— 0o A RESOLUTION OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, PROPOSING RENEWAL OF OPERATIONAL MILLAGE LEVY, APPROVING FORM OF BALLOT QUESTION, REQUESTING PLACEMENT OF REFERENDUM ON BALLOT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,due to limitations in the State of Florida funding formula,the Monroe County School District has experienced budgetary shortfalls with respect to teacher salaries, insurance benefits, and classroom materials since 2004; and WHEREAS,in 2018,the State of Florida issued a mandate to promote school safety and enhanced coordination between education and law enforcement entities to comprehensively address the crisis of gun violence on school campuses in the wake of the tragedy at Marjory Stoneman Douglass High School in Parkland, Florida; and WHEREAS, Florida Statute § 1011.71(9) provides for an increase in ad valorem taxes for the purpose of raising additional funds for school operating purposes pursuant to referendum levying additional millage approved by the voters of Monroe County; and WHEREAS, Florida law requires that any discretionary millage levied by the Monroe County School District for operating funding be approved by the voters at least every four(4) years; and WHEREAS, the voters of Monroe County previously approved a referendum authorizing the School District to raise funds for purposes funding teacher salaries, enhancing security measures, retaining legally-required safe school officers, and operational expenses of Monroe County Schools for a four(4) year period beginning January 1,2023; and WHEREAS, the School Board of Monroe County, Florida requires a renewal of the previously levied millage to continue meeting its operational budgetary needs with respect to teacher salaries, insurance benefits, classroom materials, and meeting the enhanced safety and security measures now required by law; and WHEREAS,the School Board of Monroe County seeks to renew and extend this funding which, if approved, the four-year levy period would not begin until January 1, 2027; and WHEREAS,the school board of Monroe County, Florida intends to issue a voter referendum in a general election on November 5, 2024, requesting that the Citizens of Monroe County, Florida approve a renewal of the 2022 operational millages; I NOW THEREFORE BE IT RESOLVED BY THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA,AS FOLLOWS: i $i [kE e e 5 1. Adoption of Recitals The recitals set forth above are hereby incorporated herein by reference in their entirety as if set forth in the body of this Resolution. 2. Requesting Placement of Referendum on Election Ballot The School Board hereby requests that the Board of County Commissioners of Monroe County,Florida place the referendum to the voters on November 5, 2024,general elections to be held throughout Monroe County, Florida, for the purpose of submitting to the duly qualified electors of Monroe County the question set forth herein. 3. Notice of Election Not less than thirty(30) days notice of said election shall be given by publication both in English and Spanish in a newspaper of general circulation throughout the District. Such publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which said election is to be held,which notice shall be substantially in the following form together with such additional information as the Supervisor of Elections and County Clerk of Monroe County, Florida shall require: NOTICE OF ELECTION TUESDAY,NOVEMBER 5,2024, IN MONROE COUNTY, FLORIDA NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AT THE REQUEST OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA FROM 7:00 A.M. UNTIL 7:00 P.M. ON TUESDAY, THE FIFTH DAY NOVEMBER, 2024, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA THE FOLLOWING QUESTION: RENEWAL OF OPERATIONAL FUNDING FOR MONROE COUNTY SCHOOLS: The School District seeks to continue its current funding for operational expenses including teacher salaries and safe-school officers. Such funds will be shared with local charter schools proportionally based on their full-time student enrollment. Shall the District continue to enact a yearly ad valorem tax of no more than 0.5625 mill, for four(4) years beginning January 1, 2027, to fund safe-school officers and operational expenses of Monroe County Schools? YES NO 4. Approval of Ballot Question The substance of the millage referendum and the ballot title shall read: RENEWAL OF OPERATIONAL FUNDING FOR -NIONROE COUNTY SCHOOLS: The School District seeks to continue its current funding for operational expenses including teacher salaries and safe-school officers. Such funds will be shared with local charter schools proportionally based on their full-time student enrollment. Shall the District continue to enact a yearly ad valorem tax of no more than 0.5625 mill, for four(4) years beginning January 1, 2027, to fund safe-school officers and operational expenses of Monroe County Schools? YES NO 5. 'Effective Date This resolution shall become effective immediately upon its adoption by the School Board of Monroe County, Florida, DULY ADOPTED by the School Board of Monroe County,Florida this—Tt'day of N 2024. Board Chair Suzanne Woltanski YES V NO Vice-Chair Mindy Conn YES V NO Board Member John Dick YES NO Board Member Andy Griffiths YES NO Board Member Darren Horan YES NO Board-C, air, r. Woltanski A PR P 2: DAS 0 t;L B Dirk M. Smits, B.C.S., Board Attorney SOLUTION 2024—OOZ A RESOLUTION OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, PROPOSING RENEWAL OF THE DISCRETIONARY SALES SURTAX OF ONE-HALF CENT FOR THE PURPOSE OF FUNDING THE COSTS OF FIXED CAPITAL OUTLAY, LAND ACQUISITION, AND RETROFITTING, INCLUDING BOND INDEBTEDNESS; APPROVING FORM OF BALLOT QUESTION, REQUESTING PLACEMENT OF REFERENDUM ON BALLOT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, limited funding throughout the School District of Monroe County, Florida (thc "District") for the costs of construction, reconstruction, and improvement of new and existing public school facilities, security upgrades, and for technology implementation continues; and WHEREAS, surveys by the School Board of Monroe County, Florida (the "School Board") indicate the need for capital improvements throughout the District continuing for an additional 10 years after the expiration of the current '/z cent levy; and WHEREAS, the legislature of the State of Florida in its 2002 session enacted subsection (6) of the Section 212.055, Florida Statutes, authorizing the imposition by school boards of a one-half cent sales surtax to fund capital outlay projects and technology implementation, including the payment of bond indebtedness therefore, subject to approval by the electors of the county voting in a referendum; and WHEREAS,the School Board desires to continue limiting the financial impact of its capital outlay and technology implementation programs on local property owners by minimizing the use of ad valorem taxes to pay the costs of such improvements; and WHEREAS, the School Board has adopted a plan for use of the proceeds of levy and collection of the surtax for capital outlay and technology implementation,which plan may be modified from time to time as the School Board determines to be in the best interest of the citizens throughout Monroe County; NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF MONROE COUNTY,FLORIDA: 1. Adoption of Recitals The recitals set forth above are hereby incorporated herein by reference in their entirety as if set forth in the body of this Resolution. 2. Tax Levy There is hereby levied and imposed within Monroe County a discretionary sales surtax of.5 cent (one-half cent) pursuant to the provisions of Section 212.055(6) Florida Statutes and Section 212.054 Florida Statutes. 3. 'Perm of Levy The surtax shall commence January 1,2026. The surtax shall remain in full force and effect for a period of ten (10) years from and after January 1, 2026, unless repealed or reduced prior to that time by resolution of the School Board, which repeal or reduction may be effectuated without referendum. 4. Administration The surtax Levied hereby shall be collected, administered, and paid to the School Board by the Department of Revenue pursuant to the terms of Section 212.054, Florida Statutes and such other laws as may be applicable. 5. Use of Revenues The proceeds of the levy and the collection of the surtax and interest accrued thereto shall be expended by the School Board for fixed capital expenditures or fixed capital costs associated with the construction, reconstruction, or improvement of school facilities and campuses which have a useful life expectancy of five (5) or more years, and any land acquisition, land improvement, design and engineering or costs related thereto, including the costs of retrofitting and providing for technology implementation, including hardware and software, for the various sites within the District. Such proceeds and interest thereon may also be used for the purpose of servicing bond indebtedness to finance projects authorized above. The surtax revenue shall be shared with eligible charter schools based on their proportionate share of total school district capital outlay full-time equivalent enrollment as adopted by the education estimating conference established in Sections 216.136 Florida Statutes,and expended by the charter school in a manner consistent with the allowable uses set forth in Sections 1013.62(4)Florida Statutes. A brief and general description of the initial capital outlay projects to be funded by the surtax is set forth in the plan attached hereto as Exhibit "A". Such plan may be modified from time to time as circumstances change and needs arise. 6. Requesting Placement of Referendum on Ballot The School Board hereby requests that the Board of County Commissioners of Monroe County,Florida place the referendum to the voters on November 5,2024,general elections to be held throughout Monroe County, Florida, for the purpose of submitting to the duly qualified electors of Monroe County the question set forth herein. 7. Notice of Election Not less than thirty (30) days notice of said election shall be given by publication both in English and Spanish in a newspaper of general circulation throughout the District. Such publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which said election is to be held, which notice shall be substantially in the following form together with such additional information as the Supervisor of Elections and County Clerk of Monroe County, Florida shall require: NOTICE OF ELECTION TUESDAY,NOVEMBER 5, 2024, IN MONROE COUNTY, FLORIDA NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AT THE REQUEST OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA FROM 7:00 A.M. UNTIL 7:00 P.M. ON TUESDAY, THE FIFTH DAY NOVEMBER, 2024, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA THE FOLLOWING QUESTION: FACILITATING SCHOOL DISTRICT CAPITAL PROJECTS THROUGH SALES TAX LEVY RATHER THAN RAISING LOCAL PROPERTY TAXES: The School District's capital improvement plan continues. Renewed funding is required to address security needs at schools, implement modem technology, construct new facilities, provide for renovations and additions to existing school structures and other permitted capital improvements, with collected revenues shared with charter schools according to Florida Law. Shall the School Board of Monroe County, Florida continue to levy a one-half cent sales surtax for a period of ten(10)years beginning January 1, 2026? FOR THE ONE-HALF CENT TAX AGAINST THE ONE-HALF CENT TAX RESOLUTION NO.(_A2a ADOPTED BY THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA ON [j , 2024,PROVIDES FOR THE IMPOSITION OF A ONE-HALF CENT SALES TAX, THE PROCEEDS OF WHICH SHALL BE EXPENDED BY THE SCHOOL BOARD FOR CAPTIAL EXPENDITURES, FIXED CAPITAL COSTS, AND A PORTION OF WHICH WILL BE DISTRIBUTED TO ELIGIBLE CHARTER SCHOOLS IN ACCORDANCE WITH SECTION 212.055(6)(c) FLORIDA STATUES. IN ACCORDANCE WITH THE CONSTITUTION AND THE ELECTION LAWS OF THE STATE OF FLORIDA, ALL DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA SHALL BE ENTITLED TO VOTE IN THE ELECTION TO WHICH THIS NOTICE PERTAINS. THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA SHALL BE AUTHORIZED TO LEVY THE TAX COVERED BY THE QUESTION STATED ABOVE IF THE QUESTION SHALL BE APPROVED BY A VOTE OF A MAJORITY OF THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA VOTING THEREON. 8. Approval of Ballot Question The substance of the sales surtax referendum and ballot title shall read: FACILITATING SCHOOL DISTRICT CAPITAL PROJECTS THROUGH SALES TAX LEVY RATHER THAN RAISING LOCAL PROPERTY TAXES: The School District's capital improvement plan continues. Renewed funding is required to address security needs at schools, implement modern technology, construct new facilities, provide for renovations and additions to existing school structures and other permitted capital improvements, with collected revenues shared with charter schools according to Florida Law. Shall the School Board of Monroe County, Florida continue to levy a one-half cent sales surtax for a period of ten(10) years beginning January 1, 2026? FOR THE ONE-HALF CENT TAX AGAINST THE ONE-HALF CENT TAX 9. Effective Date Sections 2 through 5 of this Resolution shall be effective upon approval by a majority of votes cast by qualified electors in the referendum provided for herein and the remaining sections of this Resolution shall be effective immediately upon its adoption. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW] -1-0n DULY ADOPTED by the School Board of Monroe County,Florida this J_day of 11 2024. Board Chair Suzanne Woltanski YES NO Vice-Chair Mindy Conn YES V NO Board Member John Dick YES V/ NO Board Member Andy Griffiths YES NO Board Member Darren Horan YES NO Board Chair.A. Woltanski VED GA -On KM APZ z Dirk M. Smits, B.C.S., Board Attorney Exhibit "All Monroe County Schools Proposed Sources and Uses of Continuation of Half Penny Sales Tax For the Period January 1, 2026 to December 31, 2035 Sources in Dollars: Estimated Sales Tax Collections 222,000,000 Uses of Sales Tax Collections: New Construction: Key West High School Buildings 16 and 17 18,300,000 Total New Construction 18,300,000 Remodeling and Renovation: Coral Shores High School 25,000,000 CSHS Athletic Field 10,000,000 Horace O'Bryant School 5,000,000 Key Largo School 18,000,000 Key West High School 18,000,000 Marathon Middle High School 5,500,000 May Sands School(MARC) 2,000,000 Reynolds School 6,500,000 Sugarloaf School 12,250,000 Tommy Roberts Memorial Stadium 10,000,000 United St. Facilities Building/Bruce Hall 10,000,000 Total Remodeling and Renovation 122,250,000 Technology 40,370,000 Safety/Security 10,000,000 Charter Schools 31,080,000 Total Uses of Half-Cent Sales Tax 222,000,000 The above is an estimate of the capital outlay projects and are subject to change. The scope and timing of projects will be periodically determined by the School Board after consideration of the following objective criteria: a thorough, detailed assessment of facility condition; the age of the facility; current educational program requirements; safety, security and technology needs; and school capacity needs.