Item L3
MONROE COUNTY, FLORIDA
ORDINANCE NO.
- 2004
AN EMERGENCY ORDINANCE CREA TING THE
STOCK ISLAND MUNICIPAL SERVICE TAXING UNIT,
THE SUMMERLAND - CUDJOE - UPPER SUGARLOAF
MUNICIP AL SERVICE TAXING UNIT, THE BIG PINE
MUNICIPAL SERVICE TAXING UNIT, THE CONCH
KEY - DUCK KEY MUNICIPAL SERVICE TAXING
UNIT AND THE LONG KEY - LAYTON MUNICIPAL
SERVICE TAXING UNIT; PROVIDING LEGISLATIVE
FINDINGS; DECLARING AN EMERGENCY;
DESCRIBING THE BOUNDARIES OF EACH TAXING
UNIT; AUTHORIZING THE LEVY OF AD VALOREM
TAXES AT RATES NOT GREATER THAN 0.70 MIL
WITHIN EACH TAXING UNIT; AUTHORIZING THE
USE OF SUCH AD VALOREM TAX REVENUE FOR
SPECIFIC ENUMERATED PURPOSES; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
SECTION 1.
LEGISLA TIVE FINDINGS. It is hereby ascertained,
determined and declared that:
(A) Pursuant to Article VIII, section 1 of the Florida Constitution, and sections
125.01 and 125.66, Florida Statutes, the Board of County Commissioners (the "Board")
of Monroe County, Florida (the "County"), has all powers of local self-government to
perform county and municipal functions and to render services in a manner not
inconsistent with general law and such power may be exercised by the enactment of
county ordinances and resolutions.
l.2)
(B) Section 125.01 (1)( q), Florida Statutes, provides specific legislative
authorization for counties to establish a municipal service taxing unit for any part or all of
the unincorporated areas within its boundaries, or within the municipal boundaries of an
incorporated area upon consent of the governing body of such municipality, within which
may be provided essential facilities and services.
(C) The purpose of this ordinance is to create the Stock Island Municipal
Service Taxing Unit, the Summerland - Cudjoe - Upper Sugarloaf Municipal Service
Taxing Unit, the Big Pine Municipal Service Taxing Unit, the Conch Key - Duck Key
Municipal Service Taxing Unit and the Long Key - Layton Municipal Service Taxing
Unit (collectively, the "MSTUs") to provide a limited funding source for expenses,
including reimbursement of expenditures made by the Florida Keys Aqueduct Authority
(the "Authority"), relating to the administration, planning and development of wastewater
and reclaimed water projects.
(D) The Florida Keys are designated as an "Area of Critical State Concern"
pursuant to the Florida Keys Area Protection Act.
(E) The intent of the Florida Keys Area Protection Act, as set forth in section
380.0552, Florida Statutes, is to establish an effective land and water use management
system that protects the natural environment and requires the provision of adequate
public facilities, including wastewater and reclaimed water facilities.
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(F) Section 380.0552, Florida Statutes, reqUires the County to adopt
comprehensive plans and land development regulations that comply with the Principles
for Guiding Development which require the protection of water quality, upland and
marine resources, endangered and threatened species, community character, and public
safety.
(G) The foregoing principles are embodied in the Monroe County Year 2010
Comprehensive Plan.
(H) The Board has previously approved the Monroe County Sanitary
Wastewater Master Plan (the "Wastewater Master Plan"), which implements the Year
2010 Comprehensive Plan and requires creation of the MSTUs to provide funds for the
planning and development of wastewater and reclaimed water projects.
(I) If the MSTUs are not created prior to January 1, 2005, section 200.066,
Florida Statutes, will prohibit the imposition of ad valorem taxes prior to the County
fiscal year beginning October 1,2006.
(1) On August 4, 2004, Florida Keys Citizens Coalition, Inc. and Last Stand,
Inc. petitioned for a formal administrative hearing (the "Rule Challenge") seeking to
invalidate an Administrative Rule proposed by the Florida Administrative Commission
concerning Land Planning Regulations for the Florida Keys Area of Critical State
Concern - Monroe County, Rule 28-20, Fla. Admin. Code (Monroe County).
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(K) The Board anticipated that the Rule Challenge would be resolved in time to
create the MSTUs after the Rule Challenge was completed; however, hurricane activity
in the Florida Keys and the locales in which counsel for the various parties reside has
delayed resolution of the Rule Challenge.
(L) Following a case status hearing for the Rule Challenge on November 15,
2004, it became apparent that the matter would not be resolved during the period
anticipated by the County.
(M) The time period between the Rule Challenge case status hearing and the
Board's final meeting prior to January 1, 2005 was not sufficient to prepare an ordinance
creating the MSTUs for presentation to the Board, so that the Board could approve
placing the advertisement required to enact the ordinance under the regular enactment
procedure set forth in section 125.66, Florida Statutes.
SECTION 2.
DECLARATION OF EMERGENCY.
(A) Based upon the legislative findings set forth in Section 1 hereof, a four-
fifths vote of the Board hereby waives the notice requirements of section 125.66(2),
Florida Statutes, finding that an emergency exists requiring the immediate adoption of
this ordinance.
(B) Subsequent to the adoption of this emergency ordinance, the Board shall
advertise, adopt, and ratify this emergency ordinance pursuant to section 125.66, Florida
Statutes.
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SECTION 3.
STOCK ISLAND.
(A) Pursuant to the provisions of section 125.0I(l)(q), Florida Statutes, there is
hereby created a municipal service taxing unit to be known as the Stock Island Municipal
Service Taxing Unit. The Stock Island Municipal Service Taxing Unit shall encompass
(I) that portion of the unincorporated area on Stock Island located in Section 35,
Township 67 South, Range 25 East, lying south of U.S. Highway No. I (State Road No.
5), and (2) that portion of the unincorporated area on Stock Island located in Sections26
and 35, Township 67 South, Range 25 East, bounded on the north, east and west by the
centerline of Jr. College Road and on the south by the centerline of U.S. Highway No. I
(State Road No.5).
(B) The Board is hereby authorized, in the manner and under the authority
provided by section 125.0I(l)(q), Florida Statutes, to levy and collect ad valorem taxes at
a millage rate not greater than 0.70 mil upon taxable real and personal property within the
Stock Island Municipal Service Taxing Unit, commencing with the County fiscal year
beginning October I, 2005. The imposition of ad valorem taxes, as authorized herein,
shall cease after four consecutive fiscal years and the Stock Island Municipal Service
Taxing Unit shall terminate on September 30, 20 I O.
(C) Revenue derived from ad valorem taxes levied in the Stock Island
Municipal Service Taxing Unit shall be used solely for the administration, planning and
development costs associated with and incurred in advancing wastewater and reclaimed
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water projects within and benefiting the Stock Island Municipal Service Taxing Unit.
The Board shall adopt a budget for the Stock Island Municipal Service Taxing Unit for
the County fiscal year beginning October I, 2005 and each fiscal year thereafter, at the
same time and in the same manner as the County budget.
SECTION 4.
SUMMERLAND - CUDJOE - UPPER SUGARLOAF.
(A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is
hereby created a municipal service taxing unit to be known as the Summerland - Cudjoe
- Upper Sugarloaf Municipal Service Taxing Unit. The Summerland - Cudjoe - Upper
Sugarloaf Municipal Service Taxing Unit shall encompass that portion of the
unincorporated area bounded on the west by Lower Sugarloaf Channel, on the east by
Niles Channel, on the South by the Atlantic Ocean and on the north by the Gulf of
Mexico (between Mile Markers 16 and 26), Monroe County, Florida.
(B) The Board is hereby authorized, in the manner and under the authority
provided by section 125.01(1)(q), Florida Statutes, to levy and collect ad valorem taxes at
a millage rate not greater than 0.70 mil upon taxable real and personal property within the
Summerland - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit, commencing
with the County fiscal year beginning October I, 2005. The imposition of ad valorem
taxes, as authorized herein, shall cease after four consecutive fiscal years and the
Summerland - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit shall terminate
on September 30,2010.
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(C) Revenue derived from ad valorem taxes levied in the Summerland - Cudjoe
- Upper Sugarloaf Municipal Service Taxing Unit shall be used solely for the
administration, planning and development costs associated with and incurred in
advancing wastewater and reclaimed water projects within and benefiting the
Summerland - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit. The Board
shall adopt a budget for the Summerland - Cudjoe - Upper Sugarloaf Municipal Service
Taxing Unit for the County fiscal year beginning October 1, 2005 and each fiscal year
thereafter, at the same time and in the same manner as the County budget.
SECTION 5.
BIG PINE.
(A) Pursuant to the provisions of section l25.0l(l)(q), Florida Statutes, there is
hereby created a municipal service taxing unit to be known as the Big Pine Municipal
Service Taxing Unit. The Big Pine Municipal Service Taxing Unit shall encompass that
portion of the unincorporated area bounded on the west by Niles Channel, on the east by
west end of the Seven Mile Bridge, on the south by the Atlantic Ocean, and on the north
by the Gulf of Mexico (between Mile Markers 26 and 40), Monroe County, Florida.
(B) The Board is hereby authorized, in the manner and under the authority
provided by section 125.01 (1)( q), Florida Statutes, to levy and collect ad valorem taxes at
a millage rate not greater than 0.70 mil upon taxable real and personal property within the
Big Pine Municipal Service Taxing Unit, commencing with the County fiscal year
beginning October 1, 2005. The imposition of ad valorem taxes, as authorized herein,
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shall cease after four consecutive fiscal years and the Big Pine Municipal Service Taxing
Unit shall terminate on September 30,2010.
(C) Revenue derived from ad valorem taxes levied in the Big Pine Municipal
Service Taxing Unit shall be used solely for the administration, planning and
development costs associated with and incurred in advancing wastewater and reclaimed
water projects within and benefiting the Big Pine Municipal Service Taxing Unit. The
Board shall adopt a budget for the Big Pine Municipal Service Taxing Unit for the
County fiscal year beginning October I, 2005 and each fiscal year thereafter, at the same
time and in the same manner as the County budget.
SECTION 6.
CONCH KEY - DUCK KEY.
(A) Pursuant to the provisions of section 125.0I(l)(q), Florida Statutes, there is
hereby created a municipal service taxing unit to be known as the Conch Key - Duck
Key Municipal Service Taxing Unit. The Conch Key - Duck Key Municipal Service
Taxing Unit shall encompass that portion of the unincorporated area bounded on the west
by Tom's Harbor Cut, on the east by Long Key Channel, on the north by Florida Bay and
on the south by the Atlantic Ocean (between Mile Markers 62 and 63), Monroe County,
Florida, less and except the island known as Conch Key, and the area of Duck Key
known as Hawk's Cay and served by the Duck Key Wastewater Cooperative.
(B) The Board is hereby authorized, in the manner and under the authority
provided by section 125.0I(l)(q), Florida Statutes, to levy and collect ad valorem taxes at
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a millage rate not greater than 0.70 mil upon taxable real and personal property within the
Conch Key - Duck Key Municipal Service Taxing Unit, commencing with the County
fiscal year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized
herein, shall cease after four consecutive fiscal years and the Conch Key - Duck Key
Municipal Service Taxing Unit shall terminate on September 30,2010.
(C) Revenue derived from ad valorem taxes levied in the Conch Key - Duck
Key Municipal Service Taxing Unit shall be used solely for the administration, planning
and development costs associated with and incurred in advancing wastewater and
reclaimed water projects within and benefiting the Conch Key - Duck Key Municipal
Service Taxing Unit. The Board shall adopt a budget for the Conch Key - Duck Key
Municipal Service Taxing Unit for the County fiscal year beginning October 1, 2005 and
each fiscal year thereafter, at the same time and in the same manner as the County
budget.
SECTION 7.
LONG KEY - LAYTON.
(A) Pursuant to the provisions of section 125.0 1(1)( q), Florida Statutes, there is
hereby created a municipal service taxing unit to be known as the Long Key - Layton
Municipal Service Taxing Unit. The Long Key - Layton Municipal Service Taxing Unit
shall encompass that portion of the unincorporated area bounded on the west by Long
Key Channel, on the east by Channel Five on the south by the Atlantic Ocean, and on the
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north by the Gulf of Mexico (between Mile Markers 65 and 71), Monroe County, Florida,
less and except all property located within the corporate limits of the City of Layton.
(B) The Board is hereby authorized, in the manner and under the authority
provided by section 125.0l(1)(q), Florida Statutes, to levy and collect ad valorem taxes at
a millage rate not greater than 0.70 mil upon taxable real and personal property within the
Long Key - Layton Municipal Service Taxing Unit, commencing with the County fiscal
year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized
herein, shall cease after four consecutive fiscal years and the Long Key - Layton
Municipal Service Taxing Unit shall terminate on September 30, 2010.
(C) Revenue derived from ad valorem taxes levied in the Long Key - Layton
Municipal Service Taxing Unit shall be used solely for the administration, planning and
development costs associated with and incurred in advancing wastewater and reclaimed
water projects within and benefiting the Long Key - Layton Municipal Service Taxing
Unit. The Board shall adopt a budget for the Long Key - Layton Municipal Service
Taxing Unit for the County fiscal year beginning October 1, 2005 and each fiscal year
thereafter, at the same time and in the same manner as the County budget.
SECTION 8.
SEVERABILITY. If any portion of this ordinance is for any
reason held or declared to be unconstitutional, inoperative or void, such holding shall not
affect the remaining portions of this ordinance. If this ordinance or any provision thereof
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shall be held to be inapplicable to any person, property or circumstances, such holding
shall not affect its applicability to any other person, property or circumstances.
SECTION 9.
CONFLICT WITH OTHER ORDINANCES.
All
ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to
the extent of such conflict.
SECTION 10.
INCLUSION IN CODE OF ORDINANCES.
The
provisions of this ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the code.
SECTION 11.
FILING WITH SECRETARY OF STATE. The Clerk to
the Board is herby authorized and directed to send a certified copy of this ordinance to
the Department of State, by certified mail, prior to January 1, 2005.
SECTION 12.
EFFECTIVE DATE. This ordinance shall take effect when
a copy has been accepted by the postal authorities of the Government of the United States
for special delivery by certified mail to the Department of State.
[Remainder of page intentionally left blank]
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PASSED AND ENACTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 15th day of December,
2004.
Mayor Spehar
Mayor Pro Tern McCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L. KOLHAGE
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
By:
Mayor/Chairperson
Deputy Clerk
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