HomeMy WebLinkAboutItem R8 R8
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
January 15, 2025
Agenda Item Number: R8
2023-3541
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger
AGENDA ITEM WORDING:
Approval of an ordinance amending the County's Code of Ordinances, by amending Section 22-129,
"Fire and Ambulance District 1" to clarify the composition of the Board of Governors of Fire and
Ambulance District 1 and to provide for the ordinance to be effective retroactively to March 1, 2000,
and to ratify all actions taken by the Board of Governors since March 1, 2000.
ITEM BACKGROUND:
The creation of the Fire and Ambulance District 1 of Monroe County, Florida, is codified within the
Monroe County Code of Ordinances. The composition of the Board of Governors for Fire and
Ambulance District 1 of Monroe County, Florida, requires clarification concerning its membership to
establish that at least three (3) members shall be designated from the Board of County Commissioners
and at least one (1) member shall be designated from the City of Layton, with the Board of Governors
being comprised of five (5) members total. The Board of County Commissioners specifically intend for
this ordinance to have retroactive application to March 1, 2000 to the maximum extent permitted under
law and in support of that intent the Board specifically finds that this ordinance does not create new
obligations, impose new penalties, or impair vested rights, and instead creating continuity with existing
practices. The Board of County Commissioners finds and determines that these clarifying amendments
to the Monroe County of Ordinances are in the best interest of Monroe County, Florida.
A Business Impact Estimate has been prepared in accordance with F.S. 125.66(3).
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
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CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
ORD Amending Sec. 22-129 (BOG Composition)(Final).docx
Business Impact Estimate—Ordinance Amend Sec 22-129.docx
FINANCIAL IMPACT:
None anticipated.
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ORDINANCE NO. -2024
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING THE COUNTY'S CODE OF ORDINANCES, BY
AMENDING CHAPTER 22, "SPECIAL DISTRICTS,"
ARTICLE VI, "OTHER MUNICIPAL SERVICE TAXING
UNITS," SECTION 22-129, "FIRE AND AMBULANCE
DISTRICT 1 CREATED," TO CLARIFY THE COMPOSITION
OF THE BOARD OF GOVERNORS OF FIRE AND
AMBULANCE DISTRICT 1; AND TO PROVIDE FOR SAME
TO BE EFFECTIVE RETROACTIVELY TO MARCH 1, 2000,
AND RATIFY ALL ACTIONS TAKEN BY THE BOARD OF
GOVERNORS SINCE MARCH 1, 2000; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the creation of the Fire and Ambulance District 1 of Monroe County,
Florida, is codified within the Monroe County Code of Ordinances; and
WHEREAS, the composition of the Board of Governors for Fire and Ambulance
District 1 of Monroe County, Florida, requires clarification concerning its membership to
establish that at least three (3) members shall be designated from the Board of County
Commissioners and at least one (1) member shall be designated from the City of Layton,
with the Board of Governors being comprised of five (5) members total; and
WHEREAS, the Board of County Commissioners specifically intend for this
ordinance to have retroactive application to March 1, 2000 to the maximum extent
permitted under law and in support of that intent the Board specifically finds that this
ordinance does not create new obligations, impose new penalties, or impair vested rights,
and instead creating continuity with existing practices; and
WHEREAS, the Board of County Commissioners specifically ratifies all acts taken
by the Board of Governors of the Fire and Ambulance District 1 of Monroe County, Florida,
and that of the Board of Governor's predecessors in their capacity as the Board of
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Governors of the Fire and Ambulance District 1 of Monroe County, Florida from March 1,
2000 until the date of enactment of this ordinance; and
WHEREAS, the Board of County Commissioners finds and determines that these
clarifying amendments to the Monroe County of Ordinances are in the best interest of
Monroe County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: Ratification. That the foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific part of
this ordinance.
Section 2: Amendment. That the Code of Ordinances of Monroe County,
Florida, shall be amended by amending Chapter 22, "Special Districts," Article VI, "Other
Municipal Service Taxing Units," Section 22-129, "Fire and Ambulance District 1 created,"
to read as follows:
Sec. 22-129. - Fire and Ambulance District 1 created.
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(b) Name of district/district boundaries. The district shall be known as Fire and
Ambulance District 1 and shall include the following areas: All of unincorporated
Monroe County, Florida; the City of Layton; the1Gity of Key GGIORY Reach; and,
excluding Ocean Reef and those areas encompassed within the Key Largo Fire
Rescue and Emergency Services District.
(c) Composition/designation of governing body.
(1) The GitieS of Key GGIORY BeaGh and City of Layton shall be included in Fire and
Ambulance District 1 by passing a city ordinance approving such inclusion by
the first of July immediately prior to the commencement of the fiscal year for
which the city+es wishes to be included. Alternatively, the cityies may obtain fire
and ambulance service from the district by interlocal agreement. However, in the
event an interlocal agreement is entered into between the district and a
municipality, such agreement shall include an express provision as to how such
municipality shall pay for its participation in the district which may be either from
funds derived from service charges, special assessments or taxes imposed
within such municipality or from budgetary payments made in the due course of
law from such municipality to the district.
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(2) Upon the passage of such an ordinance by the City of Layton^^^ of the GitieS
the governing body of the district shall consist of at least three (3)few members
of the board of county commissioners and at least one (1) member of the
governing body of the sCity of Layton. The Board of Governors shall be
comprised of a total of five (5) members.; Q;Tc�t+e�e}ecrte�eEemeT
In
sucheither case, the county and city{ies)shall designate their representatives on
the district governing body by resolution. If the City of LaytonReRe of the GitieS-
chooses to not be included within the district, the chairman of the board of county
commissioners shall be the chairman of the district governing body. If any of the
cities choose to be included, the chairman shall be elected by the district
governing body for a one (1) year term, which may be successive. Three
members of the district governing body constitute a quorum. A majority quorum
shall be necessary for the transaction if business.
(d) Governing body powers.
(1) The governing body of the district shall have all the power of a body corporate,
including the power to enter into interlocal agreements pursuant to F.S. ch. 163,
including interlocal agreements to provide fire and ambulance service to the
GitieS of Key GGIGRY BeaGh and City of Layton; to contract on behalf of the district;
to sue and be sued; to adopt and use a common seal and to alter the same at
pleasure; to acquire, by either gift or purchase, lease and convey real estate and
personal property, including equipment, and except as such transactions may
be limited herein, as the governing body may deem proper or expedient to carry
out district purposes; to employ such experts, agencies and employees as the
governing body may deem advisable; and to borrow money and to issue
negotiable promissory notes and certificates of indebtedness as hereinafter
provided. In order to carry out the purposes enumerated in this section, the
district may exercise the powers, including implied powers, granted by all
applicable general and special laws, ordinances, and resolutions.
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Section 3: Conflicts. That all ordinances or parts of ordinances, all County
Code sections or parts of County Code sections, and all resolutions or parts of resolutions
in conflict with this ordinance are hereby repealed to the extent of such conflict.
Section 4: Severability. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, clause or word be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part hereof other than the part declared invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property
or circumstances, such holding shall not affect its applicability to any other person,
property or circumstances.
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Section 5: Codification. That the provisions of this ordinance shall be codified
within the Code of Ordinances of Monroe County, Florida, and any paragraph or section
may be renumbered to conform with the Code of Ordinances.
Section 6: Effective Date. This Ordinance shall take effect upon filing with the
Department of State as provided in F.S. 125.66, but be effective retroactively to March 1,
2000.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of January, 2025.
Mayor James K. Scholl
Mayor Pro Tem Michelle Lincoln
Commissioner Craig Cates
Commissioner Holly Merrill Raschein
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor
Approved as to form and legal sufficiency for
reliance only by the Monroe County B.O.C.C.
Robert B. Shillinger, Jr.
Monroe County Attorney
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�,*�-t4'w
BUSINESS IMPACT ESTIMATE'
Rev.06/2024
Meeting Date: January 15,2025
Proposed Ordinance Title/Reference: AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA,AMENDING THE COUNTY'S CODE OF
ORDINANCES,BY AMENDING CHAPTER 22, "SPECIAL DISTRICTS,"ARTICLE VI,"OTHER
MUNICIPAL SERVICE TAXING UNITS," SECTION 22-129, "FIRE AND AMBULANCE
DISTRICT 1 CREATED,"TO CLARIFY THE COMPOSITION OF THE BOARD OF GOVERNORS
OF FIRE AND AMBULANCE DISTRICT 1;AND TO PROVIDE FOR SAME TO BE EFFECTIVE
RETROACTIVELY TO MARCH 1,2000,AND RATIFY ALL ACTIONS TAKEN BY THE BOARD
OF GOVERNORS SINCE MARCH 1, 2000; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY;PROVIDING FOR CODIFICATION;AND PROVIDING AN EFFECTIVE DATE.
The Proposed Ordinance ❑ does ® does not fall under one of the following enumerated exceptions:!
❑ The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,including revenue
sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including, but not
limited to, any Federal, State, local, or private grant or other financial assistance accepted by the
county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits,as those terms are defined in s. 163.3164,
and development agreements, as authorized by the Florida Local Government
Development Agreement Act under ss. 163.3220-163.3243;
b. Comprehensive plan amendments and land development regulation amendments initiated
by an application by a private parry other than the county;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
d. Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
The composition of the Board of Governors for Fire and Ambulance District 1 of Monroe County,
Florida,requires clarification concerning its membership to establish that at least three(3)members shall be
designated from the Board of County Commissioners and at least one(1)member shall be designated from the
City of Layton,with the Board of Governors being comprised of five(5)members total.The Board of County
Commissioners specifically intend for this ordinance to have retroactive application to March 1,2000 to the
maximum extent permitted under law and in support of that intent the Board specifically finds that this
ordinance does not create new obligations,impose new penalties,or impair vested rights,and instead creating
continuity with existing practices.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:
N/A-Indeterminant.
b. New Charges/Fees on Businesses Impacted:
N/A-Indeterminant.
c. Estimate of Regulatory Costs:
N/A-Indeterminant.
Good Faith Estimate of Number of Businesses Likely Impacted:N/A
Business impact statement must be posted on the county's website no later than the date the notice of proposed enactment is published.
2 F.S.125.66(3)(c)(2023)
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Any Additional information:None.
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