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                                                Chapter 15.5
                                SEWAGE AND SEWAGE DISPOSAL


                                       ARTICLE I. IN GENERAL



Secs. 15.5-1—15.5-15.\Reserved.

      ARTICLE II. UNPERMITTED ON-SITE TREATMENT AND DISPOSAL SYSTEMS

                                       DIVISION 1. IN GENERAL
Sec. 15.5-16. Purpose and intent.
    This article establishes an inspection and compliance program for unknown and unpermitted
on-site sewage treatment and disposal systems (OSTDS) in unincorporated Monroe County, as
required by Policy 901.2 of the Monroe County Year 2010 Comprehensive Plan. The intent of this
article is to require operating permits for the (up to) seven thousand nine hundred (7,900) existing,
unknown and unpermitted OSTDS located within approved areas that are not scheduled to
hookup to a centralized wastewater collection, treatment, and disposal system by December 31,
2009. This program shall be administered by the Monroe County Health Department ("MCHD").
(Code 1979, § 15.5-16; Ord. No. 31-1999, § 1)

Sec. 15.5-17. Applicability.
    This article shall apply to property owners of residential and commercial structures that are:
(1) listed in the cesspool identification and elimination project as having unknown sewage disposal;
and, (2) located within specific geographic boundaries approved by the board of county
commissioners ("commission") as not being planned for hookup to a central wastewater collection,
treatment, and disposal system by December 31, 2009. These commission-approved areas shall be
known collectively as "cesspool identification and elimination areas."
(Code 1979, § 15.5-17; Ord. No. 31-1999, § 1)

Sec. 15.5-18. OSTDS permitting procedure.1
        (a)    Notification of owners of structures with unknown OSTDS. Owners of the residential
or commercial structures listed in the cesspool identification and elimination project conducted by
the county and the MCHD in 1993-94, as having unknown sewage disposal, and located within a
commission approved "cesspool identification and elimination area" shall receive a second
notification, including an application form for an OSTDS operating permit from MCHD. It is the
intent of this chapter that all structures on the "unknown sewage disposal list" located within a
"cesspool identification and elimination area" shall receive this second notification by no later than
July 12, 2000. Notice shall be deemed complete and effective upon mailing by U.S. Mail to the
owner's current address as shown on the property appraiser's roll on the date of mailing.
       (b)     Application submittal and compliance determination for properties without permitted
OSTDS on record. Owners of improved properties without approved final OSTDS permits on
record shall respond to MCHD within thirty (30) days of the receipt of notification by MCHD by
doing one (1) of the following:


1
    Legal Analysis: 1979 Code § 15.5-18. OSTDS permitting procedure. Revised subsection (c) to
         reflect that the administrative code provisions no longer exist.
                                                                                                Page 2 of 35

         (1)    If the property owner has an OSTDS permit, he shall submit a completed operating
                permit application with a copy of the OSTDS permit and other requested
                information.
         (2)    If the property owner has a cesspool or unpermitted OSTDS, he shall submit to the
                MCHD a copy of his executed contract, with a professional engineer registered in the
                State of Florida, for the installation of a new MCHD approved OSTIDS. The
                executed contract shall require the professional engineer to submit an application
                for the installation of a new OSTIDS accompanied by the appropriate fees to the
                MCHD within thirty (30) days of the date of the execution of the contract. The
                property owner shall have one hundred eighty (180) days from the date the OSTIDS
                permit is issued to install the new OSTIDS and submit a completed application to
                MCHD for an OSTIDS operating permit. The one hundred eighty (180) day period
                may be extended if an OSTIDS variance is granted as provided for under the Florida
                Administrative Code.
       (c)    Variance from state requirements. A variance procedure, provided by F.S. §
381.0065(4)(h), is available to applicants, if a proposed replacement OSTDS can not meet state
requirements of Chapter 10D-6, Florida Administrative Code. If such variance is granted by the
department of health (including MCHD), then the property owner will be deemed in compliance
with this MCC chapter.
(Code 1979, § 15.5-18; Ord. No. 31-1999, § 1; Ord. No. 42-1999, § 1; Ord. No. 7-2000, § 1, 2)

Sec. 15.5-19. Enforcement.2
         (a)    Monitoring of septic tank contractors, engineers, and plumbers.
         (1)    All licensed septic tank contractors and plumbers doing business in the county, and
                registered with state, and registered professional engineers doing business in the
                county, must receive certification by the MCHD to be eligible to submit system
                evaluations pursuant to this section.
         (2)    To facilitate monitoring and enforcement, licensed septic tank contractors and
                plumbers doing business in the county, and registered with the state, and registered
                professional engineers doing business in the county, shall submit their inspection
                schedules weekly to MCHD.
         (3)    MCHD shall monitor OSTDS inspections without notice.
         (b)    Prohibitions.
         (1)    Property owners. Property owners of residential and commercial structures located
                in a "cesspool identification and elimination area" and listed in the cesspool
                identification and elimination project as having an unknown sewage disposal are in
                violation of this section if: (1) structures on their property are served by an OSTDS
                and the property owner fails to submit an application for an operating permit by the
                date specified; or (2) the OSTDS on the property is permitted but is failing to provide
                satisfactory service because it is a cesspool or an OSTDS which is either improperly
                built or improperly maintained. Failure to obtain an operating permit by the date
                specified, creates a rebuttable presumption that the OSTDS is operating in an
                unsafe or unsanitary manner, and creates reasonable cause to believe that a
                sanitary nuisance exists under F.S. Chapter 386.
         (2)    Septic tank contractors, engineers, plumbers. Licensed septic tank contractors and
                plumbers doing business in the county, and registered with the state, and registered

2
    Legal Analysis: 1979 Code § 5.5-19. Enforcement. Tied subsection (c) to chapter 1.
                                                                                              Page 3 of 35

                professional engineers doing business in the county are in violation of this section if
                they: (1) falsify information on the operating permit applications; (2) fail to regularly
                submit inspection schedules or (3) refuse monitoring by MCHD inspectors. Septic
                tank contractors, engineers, and plumbers found guilty of a violation of this section
                shall be referred to their licensing agency for disciplinary action. Two (2) separate
                violations of this section shall result in revocation of certification by MCHD to
                submit system evaluations pursuant to this section.
         (c)    Penalties.
         (1)    Violations of this section may be under F.S. Chapter 162, and Chapter 6.3 Monroe
                County Code, or pursuant to Chapter 76-435, Laws of Florida. The violations may
                also be prosecuted in the same manner as misdemeanors are prosecuted, in which
                case the violations shall be prosecuted in the name of the state in a court having
                jurisdiction of misdemeanors by the prosecuting attorney thereof and upon
                conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or
                by imprisonment not to exceed sixty (60) days or by both such fine and
                imprisonment. Violations may also be prosecuted through any other lawfully
                available means including civil and injunctive relief are an offense..
         (2)    Where there is a reasonable cause to believe that an OSTDS constitutes a sanitary
                nuisance as defined in F.S. ch. 386, local authorities shall request that the
                department of health or MCHD investigate the OSTDS pursuant to F.S. Section
                386.02, and, if necessary, conduct enforcement activities as authorized by F.S.
                Section 386.03 and 386.041.
(Code 1979, § 15.5-19; Ord. No. 31-1999, § 1)

Sec. 15.5-19.1. Certain properties declared cold spots for a limited purpose.
   Residential structures that are in locations ranked 39--45 Keys wide in the Monroe County
Sanitary Wastewater Master Plan shall also be considered cold spots to the same extent as those
properties described in section 15.5-17. Property owners of such structures are declared eligible for
grant funds for the upgrade and replacement of non-compliant on-site sewage disposal systems.
Such property owners are subject to the enforcement provisions of Sec. 15.5-18.
(Code 1979, § 15.5-19; Ord. No. 016-2002, § 1)

Sec. 15.5-20. Definitions.3
   Available as applied to a publicly owned or investor-owned sewerage system, means that the
publicly owned or investor-owned sewerage system is capable of being connected to the plumbing
of an establishment or residence, is not under a Department of Environmental Protection
moratorium, and has adequate permitted capacity to accept the sewage to be generated by the
establishment or residence; and:
         (1)    For a residential subdivision lot, a single-family residence, or an establishment, any
                of which has an estimated sewage flow of one thousand (1,000) gallons per day or
                less, a gravity sewer line to maintain gravity flow from the property's drain to the
                sewer line, or a low pressure or vacuum sewage collection line in those areas
                approved for low pressure or vacuum sewage collection, exists in a public easement
                or right-of-way that abuts the property line of the lot, residence, or establishment.


3
    Legal Analysis: 1979 Code §§ 15.5-20--15.5-22. It is assumed that these sections are not
         superseded by 1979 Code § 15.5-26 et seq. because such latter sections only apply to
         property served by the Florida Aqueduct Authority and the former sections apply anywhere
         in the county. Please advise if this assumption is in error.
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       (2)     For an establishment with an estimated sewage flow exceeding one thousand (1,000)
               gallons per day, a sewer line, force main, or lift station exists in a public easement or
               right-of-way that abuts the property of the establishment or is within fifty (50) feet
               of the property line of the establishment as accessed via existing right-of-way or
               easements.
       (3)     For proposed residential subdivisions with more than fifty (50) lots, for proposed
               commercial subdivisions with more than five (5) lots, and for areas zoned or used for
               an industrial manufacturing purpose or its equivalent, a sewerage system exists
               within one-fourth () mile of the development as measured and accessed via existing
               easements or right-of-way.
       (4)     For repairs or modifications within areas zoned or used for an industrial or
               manufacturing purpose or its equivalent, a sewerage system exists within five
               hundred (500) feet of an establishment's or residence's sewer stub-out as measured
               and accessed via existing right-of-way or easements.
   Blackwater means that part of domestic sewage carried off by toilets, urinals, and kitchen
drains.
    Domestic sewage means human body waste and wastewater, including bath and toilet waste,
residential laundry waste, residential kitchen waste, and other similar waste from appurtenances
at a residence or establishment.
   Graywater means that part of domestic sewage that is not blackwater, including waste from
the bath, lavatory, laundry, and sink, except kitchen sink waste.
    Onsite sewage treatment and disposal system means a system that contains a standard
subsurface, filled, or mound drainfield system; an aerobic treatment unit; a graywater system
tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a dosing tank; a
solids or effluent pump; a waterless, incinerating, or organic waste-composting toilet; a sanitary
pit privy that is installed or proposed to be installed beyond the building on land of the owner or on
other land to which the owner has the legal right to install a system; and package sewage
treatment facilities, including those facilities that are in full compliance with all regulatory
requirements and treat sewage to advanced wastewater treatment standards or utilize effluent
reuse as their primary method of effluent disposal.
(Code 1979, § 15.5-20; Ord. No. 4-2000, § 1)

Sec. 15.5-21. Connection of existing on-site sewage treatment and disposals systems to
central sewerage system.
       (a)     The owner of an onsite sewage treatment and disposal system must connect the
system or the building's plumbing to an available publicly owned or investor-owned sewerage
system within thirty (30) days after written notification by the owner of the publicly owned or
investor-owned sewerage system that the system is available for connection. The publicly owned or
investor-owned sewerage system must notify the owner of the onsite sewage treatment and
disposal system of the availability of the central sewerage system. No less than one (1) year prior
to the date the sewerage system will become available, the publicly owned or investor-owned
sewerage system shall notify the affected owner of the onsite sewage treatment and disposal
system of the anticipated availability of the sewerage system and shall also notify the owner that
the owner will be required to connect to the sewerage system within thirty (30) days of the actual
availability. The owner shall have the option of prepaying the amortized value of required
connection charges in equal monthly installments over a period not to exceed two (2) years from
the date of the initial notification of anticipated availability.
       (b)     The county commission may, subject to approval of the FKAA, adopt a resolution
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providing that the owner of an onsite sewage treatment and disposal system may pay any
connection fees charged by an investor-owned sewerage system in monthly installments without
interest over a period of time not to exceed five (5) years from the date the sewerage system
becomes available if the county determines that the owner has demonstrated financial hardship.
The resolution must contain, at a minimum, the following:
         (1)    The designation of the county employee(s) or officer(s) empowered to make the
                hardship determination; and
         (2)    The criteria for making the determination which take into account the owner's net
                worth, income, and financial needs.
(Code 1979, § 15.5-21; Ord. No. 4-2000, § 2)

Sec. 15.5-22. Penalties.4
   Violations of this chapter may be prosecuted before the code enforcement special master (or
board) as authorized by chapter 6.3, art. I, County Code, and F.S. Chapter 162, Part I, by a notice
to appear issued under F.S. Chapter 6.3, Art. II, and F.S. Chapter 162, Part II, and F.S. §
125.69(2), or Chapter 76-435, Laws of Florida, by prosecution as a second degree misdemeanor
pursuant to F.S. § 125.69(1), or by any other method authorized by law for assuring compliance
with the terms of this chapter including suits for injunctive relief.
(Code 1979, § 15.5-22; Ord. No. 4-2000, § 3)


Secs. 15.15.5-23—15.15.5-25.\Reserved.
                              5
Sec. 15.5-26. Definitions.
   As used in this Ordinance, the following words and terms shall have the following meanings,
unless the context clearly otherwise requires:
     "Authority" means the Florida Keys Aqueduct Authority.
   "Available" as applied to a governmentally owned sewerage system owned by the authority,
means that the governmentally owned sewerage system is capable of being connected to the
plumbing of an establishment or residence, is not under a department of environmental protection
moratorium, and has adequate permitted capacity to accept the sewage to be generated by the
establishment or residence; and, unless determined otherwise by a court of competent jurisdiction:
         (1)    For a residential subdivision lot, a single-family residence, or non-residential
                establishment or building, any of which has an estimated sewage flow of one
                thousand (1,000) gallons per day or less, a gravity sewer line to maintain gravity
                flow from the property's drain to the sewer line, or a low pressure or vacuum sewage
                collection line in those areas approved for low pressure or vacuum sewage collection,
                exists in a public easement or right-of-way that abuts or is within two hundred fifty
                (250) feet the property line of the lot, residence, establishment or building;
         (2)    For any residential or non-residential establishment, Building or development with
                an estimated combined sewage flow exceeding one thousand (1,000) gallons per day,
                a sewer line, force main, or lift station exists in a public easement or right-of-way
                that abuts the property line of the establishment, building or development, is within

4
    Legal Analysis: 1979 Code § 5.5-22. Penalties. Deleted as covered by chapter 1.
5
    Legal Analysis: 1979 Code § 15.5-26 et seq. It is assumed that these provisions are
         supplemental to prior provisions in this article and do not supersede them. Please advise if
         this assumption is in error. In § 15.5-26, deleted definition of person as covered by chapter
         1.
                                                                                           Page 6 of 35

              five hundred (500) feet of the property line thereof as accessed via existing right-of-
              way or easements;
       (3)    For proposed residential subdivisions with more than fifty (50) lots, for proposed
              non-residential subdivisions with more than five (5) lots, and for areas zoned or used
              for an industrial manufacturing purpose or its equivalent, a sewerage system exists
              within one-fourth () mile of the property line of the development or building as
              measured and accessed via existing easement or right-of-way; or,
       (4)    For repairs or modifications within areas zoned or used for an industrial or
              manufacturing purpose or its equivalent, a sewerage system exists within five
              hundred (500) feet of such establishment's, building's or development's sewer stub-
              out or property line as measured and accessed via existing right-of-way or
              easements;
   "Blackwater" means that part of domestic sewage carried off by toilets, urinals, and kitchen
drains.
    "Boat slip/dock/berth" means a slip, dock or berth bordered by a seawall, or a fixed or floating
pier used for mooring or docking boats, houseboats, barges, or other types of floating modules or
vessels used for or capable of being used for residential, or non-residential use at either marina
facilities or on private waterways.
    "Building" means any premises or structure, either temporary or permanent, built for the
support, shelter or enclosure of persons, chattels or property of any kind, or any other
improvement, use, or structure which creates or increases the potential demand on the water,
wastewater and/or reclaimed water utility system operated by the Authority. This term includes
trailers, mobile homes, boat slip/dock/berth, or any vehicle serving in any way the function of a
building. This term shall not include temporary construction sheds or trailers erected to assist in
construction and maintained during the term of a building permit.
    "Building permit" means an official document or certificate issued by the authority having
jurisdiction, authorizing the construction or siting of any building. The term "building permit" also
includes tie-down permits or other similar authorizations for those structures or buildings, such as
a mobile home or a boat slip/dock/berth, that does not otherwise require a building permit in order
to be occupied.
    "Domestic sewage" means human body waste and wastewater, including bath and toilet waste,
residential laundry waste, residential kitchen waste, and other similar waste from appurtenances
at a residence or establishment.
   "Graywater" means that part of domestic sewage that is not blackwater, including waste from
the bath, lavatory, laundry, and sink, except kitchen sink waste.
    "Onsite sewage treatment and disposal system" means a system that contains a standard
subsurface, filled, or mound drainfield system; an aerobic treatment unit; a graywater system
tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a closing tank; a
solids or effluent pump; a waterless, incinerating, or organic waste-composting toilet; a sanitary
pit privy that is installed or proposed to be installed beyond the building on land of the owner or on
other land to which the owner has the legal right to install a system; and package sewage
treatment facilities, including those facilities that are in full compliance with all regulatory
requirements and treat sewage to advanced wastewater treatment standards or utilize effluent
reuse as their primary method of effluent disposal. As used in this definition the reference to
"package sewage treatment facilities" shall include any wastewater treatment facility permitted
for operation by the Florida Department of Environmental Protection, or its successor in function.
                                                                                           Page 7 of 35

   "Ordinance" means this Florida Keys Aqueduct Authority Wastewater Facilities Use
Ordinance.
   "Owner" means a person who is the record owner of any premises, or any person claiming by
through or under such person.
   "Person" means any individual, partnership, firm, organization, corporation, association, or any
other legal entity, whether singular or plural, masculine or feminine, as the context may require.
   "Premises" means any and all real property and tangible personal property affixed to real
property served or capable of being served by the authority.
(Code 1979, § 15.5-26; Ord. No. 017-2002, § 1)

Sec. 15.5-27. Interpretation; construction.6
       (a)    Unless the context indicates otherwise, words importing the singular number
include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto,"
"hereunder" and similar terms refer to this ordinance; and the term "hereafter" means after, and
the term "heretofore" means before, the effective date of this ordinance. Words of any gender
include the correlative words of the other genders, unless the sense indicates otherwise.
        (b)    The adoption of this ordinance is done at the request of the authority in furtherance
of an interlocal agreement between the county and the authority.
(Code 1979, § 15.5-27; Ord. No. 017-2002, § 2)
                                            7
Sec. 15.5-28. Authority and purpose.
      (a)    Pursuant to Section 4, Chapter 99-395, Laws of Florida, the county is expressly
authorized to enact certain provisions of this ordinance: (1) requiring connection to authority
wastewater facilities and (2) providing for the use of certain definitions relating to on-site sewage
treatment and disposal systems.
       (b)    Pursuant to Chapter 76-441, Laws of Florida, as amended, the authority has
exclusive jurisdiction over the administration, maintenance, development and provision of
wastewater services within certain incorporated and unincorporated areas of Monroe County; the
adoption of this ordinance has been requested and preapproved by the authority.
(Code 1979, § 15.5-28; Ord. No. 017-2002, § 3)

Sec. 15.5-29. Connection to authority facilities; findings.
     It is hereby ascertained, determined, and declared that:
         (1)    The Florida Legislature has identified the Florida Keys as an area of critical state
                concern; pollution and questionable water quality resulting from the absence of
                adequate wastewater treatment throughout the Florida Keys is a threat to the
                environment and the health, safety and welfare of landowners and persons
                inhabiting the Florida Keys.
         (2)    The Florida Legislature has charged the authority with the responsibility to plan
                and provide for water and sewer systems within the Florida Keys and to enforce the
                use of its wastewater facilities whenever and wherever they are accessible.
         (3)    The Florida Legislature has empowered the authority to both prohibit the use of and
                mandate the use of wastewater facilities within the Florida Keys.
         (4)    The Florida Legislature has authorized the county to enact local legislation that: (1)

6
    Legal Analysis: 1979 Code § 15.5-27. Interpretation; construction. Deleted as not needed.
7
    Legal Analysis: 1979 Code § 15.5-28. Authority and purpose. Deleted as not needed.
                                                                                          Page 8 of 35

               requires connection to a central sewage system within specified time periods; and (2)
               provides a definition of on-site sewage treatment and disposal systems that does not
               exclude package sewage treatment facilities even if facilities are in full compliance
               with all regulatory requirements and treat sewage to advanced wastewater
               treatment standards or utilize effluent reuse as their primary method of effluent
               disposal.
       (5)     The authority has embarked upon the creation of a wastewater system to equitably,
               ecologically and economically manage wastewater and improve water quality in the
               Florida Keys. The presence of the authority's wastewater facilities will enhance and
               benefit the environment and the health, safety and general welfare of landowners
               and persons inhabiting the Florida Keys.
       (6)     Mandatory connection to the authority's wastewater facilities is fundamental to the
               successful financing, creation and operation of the authority's wastewater systems,
               mandatory connection to a governmental utility system and the subsequent charges
               flowing therefrom have long been held to be a proper exercise of the governmental
               power to regulate and protect the welfare of the public.
(Code 1979, § 15.5-29; Ord. No. 017-2002, § 4)

Sec. 15.5-30. Mandatory connection to authority facilities.
       (a)     The owner of an improved parcel of land or premises shall, at the owner's expense,
connect any on-site sewage treatment and disposal system (including decommissioning any such
on-site sewage treatment and disposal system and connection of the collection facilities served
thereby to the authority's wastewater system) and or a building's plumbing to the authority's
wastewater system upon written notification that the authority's wastewater facilities are
available for connection. Connection shall occur within thirty (30) days of notice of availability of
services, or as otherwise provided by law.
        (b)    No less than one (1) year prior to the date the authority's wastewater system is
expected to become available, the authority shall be responsible for notifying the affected owners of
the anticipated availability of such wastewater facilities and such owners shall be required to
connect, at their expense, to the authority's wastewater facilities within thirty (30) days of actual
availability, or as otherwise may be provided by law. Failure to timely provide such notice or
failure of any individual owner to timely receive such notice shall not serve as a bar to enforcement
of mandatory connection by the authority.
        (c)    All connections shall be consistent with and governed by the authority's agreement
for service provisions and all other applicable authority rules and regulations relating to water and
wastewater and the provision thereof.
        (d)    In the event an owner fails or refuses to timely connect the premises, any on-site
disposal system and/or a building to the authority wastewater facilities within the time prescribed
herein, or by state and/or local rules and regulations, the authority may seek and employ any
legally available remedy to cause the installation of the on-site wastewater facilities necessary to
effectuate the connection of the premises to the authority's wastewater system.
       (e)    In the event the county or the authority is required to seek a writ or order, or
otherwise litigate any action compelling connection, all costs of such action experienced by the
county and or the authority, including attorney fees and court costs, may be assessed to the owner.
(Code 1979, § 15.5-30; Ord. No. 017-2002, § 5)

Sec. 15.5-31. Areas where effective.
   Notwithstanding any provision herein or in the Code of Monroe County to the contrary, the
provisions of this article shall be deemed to be effective as to the Florida Keys Aqueduct Authority,
                                                                                             Page 9 of 35

and wastewater systems or facilities owned by the Florida Aqueduct Authority, in all areas of
Monroe County in which the Florida Keys Aqueduct Authority is authorized by law to provide
wastewater services and facilities.
(Code 1979, § 15.5-31; Ord. No. 017-2002, § 6)

Sec. 15.5-32. Enforcement.8
    Violations of this ordinance maybe prosecuted before the code enforcement special master (or
board) as authorized by chapter 63, Article I, Monroe County Code, and Chapter 162, Part I,
Florida Statutes, by a notice to appear issued under Chapter 53, Article II, and Chapter 162, Part
II, and Section 125.69(2), Florida Statutes, or Chapter 76-435, Laws of Florida, by prosecution as a
second degree misdemeanor pursuant to Section 125.69(1), Florida Statutes, or by any other
method authorized by law for assuring compliance with the terms of this ordinance including suits
for injunctive relief.
(Code 1979, § 15.5-32; Ord. No. 017-2002, § 7)

                        DIVISION 2. WASTEWATER CONNECTION POLICY
Sec. 15.5-33. Title.9
     Unincorporated Monroe County Uniform Wastewater Connection Standard.
(Code 1979, § 15.5-33; Ord. No. 028-2003, § 1)

Sec. 15.5-34. Purpose.
   This standard serves to supplement sections 15.5-20 through 15.5-32 of the Monroe County
Code.
(Code 1979, § 15.5-34; Ord. No. 028-2003, § 1)

Sec. 15.5-35. Applicability.
    This policy applies to all publicly owned and investor-owned wastewater utilities in
unincorporated Monroe County financially supported by the board of county commissioners,
including the Florida Keys Aqueduct Authority (FKAA), the Key Largo Wastewater Treatment
District (KLWTD), and Key West Resort Utility (KWRU).
         (1)   The goal of this policy is to have every residential and commercial user of a system
               treated equitably to the greatest extent possible:
               a.       In the utilities' provision of wastewater facilities in the public right-of-way;
                        and
               b.       In the wastewater components that are required to be provided by the user
                        on his/her private property.
(Code 1979, § 15.5-35; Ord. No. 028-2003, § 1)

Sec. 15.5-36. Definitions.
    Compatible system: A compatible system shall be a vacuum system (or other collection system
provided by the utility within the public right-of-way), or a sewage force main, if the utility has a
force main with adequate capacity. Note larger concentrated flows may require connection to a
utility-provided force main within the public right-of-way.
   Connection: A connection is defined as the point where an individual or multiple EDUs are
connected to the Utility's central collection system and may be by gravity, pressure, or vacuum.

8
    Legal Analysis: 1979 Code § 15.5-32. Enforcement. Deleted as not needed.
9
    Legal Analysis: 1979 Code § 5.5-33. Title. Deleted as not needed.
                                                                                             Page 10 of 35

   Equivalent dwelling unit (EDU): For purposes of this division, one (1) EDU is assumed to
generate a sewage flow of one hundred sixty-seven (167) gallons per day, and a recreational vehicle
(RV) unit is assumed to generate a sewage flow of seventy-five (75) gallons per day. One (1) EDU is
equivalent to one (1) equivalent residential connection (ERC) as defined by some utilities.
   Hydrostatic test.
       Pipelines: All private gravity sewers shall be tested for leakage prior to connection to the
   utility.
      All testing for acceptance shall be performed at periods of lowest tide. Testing shall be
   performed only during the six (6) hour period of the lowest tide period of each day (once per
   day). The utility shall determine this six (6) hour period each day.
   Testing equipment accuracy: Plus or minus one-half () gallon of water leakage under specified
   conditions.
   Maximum allowable leakage: 0.16 gallon per hour per inch diameter per one hundred (100)
   feet.
   Hydrostatic head:
       (1)     At least six (6) feet above maximum estimated groundwater level in section being
               tested.
       (2)     No less than six (6) feet above inside top of highest section of pipe in test section.
   Pumping stations shall be designed with a standard receptacle for connecting portable power
   generating equipment.
   Multiple pumps shall be provided with capacity such that, with any unit out of service, the
   remaining units will have capacity to handle the peak hourly flow.
   Force main leakage tests shall be performed in a manner acceptable to the utility's engineers.
    Infiltration and inflow (I/I): Infiltration and inflow (I&I) is the introduction of storm water
run-off, groundwater or other sources of uncontaminated water into a sanitary sewer system. The
introduction of I&I is prohibited by Chapter 62 of the Florida Administrative Code. All sewer
collection systems shall be demonstrated to be free of I&I using one (1) of the test methods cited
under the definition of industry and utility standard or by an alternative test method approved by
the utility's engineer.
    Ownership of system constructed by private property owner: Where reasonable permanent and
temporary easements are granted by the private property owner, the utility may take over the
facilities within the permanent easement for ownership and for operation and maintenance in
accordance with paragraph 10 below. Facilities outside the permanent easement shall remain the
responsibility of the private property owner.
(Code 1979, § 15.5-36; Ord. No. 028-2003, § 1)

Sec. 15.5-37. General direction.
       (a)    Every user, either residential or commercial, shall have utility facilities made
available to him/her for connection of his system in the public right-of-way, abutting his/her
property.
      (b)    New wastewater systems or extensions generally will be vacuum systems, which the
Monroe County Sanitary Wastewater Master Plan identifies as the most economical for systems of
two hundred (200) to three hundred (300) users or greater in Monroe County.
       (c)    Larger concentrated flows may best be accommodated by connection of an upgraded
existing or new pump station to a wastewater force main provided by the utility within the public
                                                                                          Page 11 of 35

right-of-way rather than connection to the vacuum main. The decisions as to such improvements
will be made by the utility based principally on cost efficiency in consideration of expense to both
the utility and properties that may be connected to it.
       (d)    Pump stations.
       (1)    For existing wastewater pump stations:
              a.     The user shall upgrade, at his/her cost, the pump station to industry and
                     utility standards so that the station is able to discharge the design flow to the
                     wastewater to the collection system.
       (2)    For new wastewater pump stations:
              a.     The user shall provide, at his cost, the new pump station that complies with
                     industry and utility standards.
       (3)    Once installed or upgraded, the user may own and operate the pump station, or may
              turn it over to the utility, free of charge, for ownership and for operation and
              maintenance, if the utility policy permits. The utility is encouraged to adopt such a
              policy if one does not exist. Generally, the gravity wastewater collection system
              upstream of the pump station shall remain the responsibility of the owner.
       (e)     For private property or contiguous properties under one ownership with one or more
EDUs which in total has/have an cumulative estimated wastewater flow of less than one thousand
(1,000) gallons per day:
       (1)    The utility shall provide a means of connection within the public right-of-way,
              whether by vacuum pit or other, that abuts the property and that can be accessed
              via a gravity system; or
       (2)    At the request of the property owner, the utility shall provide a connection to the
              utility system at the public right-of-way line that abuts the property for the property
              owner to extend onto his property a collection system that is compatible with the
              utility system and meets the minimum utility design standards.
        (f)   There are two (2) options available for a private property or contiguous properties
under one (1) ownership with multiple dwelling units, such as mobile home parks, apartments,
condominium associations, etc. which cumulatively has an estimated sewage flow exceeding one
thousand (1,000) gallons per day and which is currently served by onsite wastewater systems
(septic or unknown) or which is currently served by existing wastewater infrastructure and a
wastewater treatment plant:
       (1)    The utility may provide a connection to the utility system at the public right-of-way
              line for the property owner to extend a collection system onto his/her property. The
              collection system shall be compatible with the utility system and shall meet
              minimum utility design standards.
       (2)    Where reasonable permanent and temporary easements are granted by the private
              property owner, the utility may, at its discretion, provide facilities within the
              granted easements, or at the utility's discretion may accept facilities constructed by
              the private property owner for operation and maintenance.
       The utility is encouraged to meet with the property owner and his engineer to review the
       options that are available.
       (g)    For new developments or existing developments constructing new collection system
(including subdivisions). The developer shall construct the collection system to industry and utility
standards and turn over the facilities within public rights-of-way, or within acceptable permanent
and temporary easements granted by the developer, free of charge, to the utility for ownership and
                                                                                         Page 12 of 35

for operation and maintenance. The wastewater improvements, and all local and state permitting
that may be required, shall be coordinated with the county's development review process as
defined in chapter 9.5, Monroe County Code.
       (h)     Before a wastewater collection system can be connected to the utility's system, the
user shall demonstrate to the satisfaction of the utility that the collection system is free of
excessive infiltration and inflow (I/I), in accordance with industry and utility standards. If the
system is not free of excessive I/I, the system shall be brought up to industry and utility standards
before connection to the utility system. All other components of the wastewater system must meet
industry and utility standards.
(Code 1979, § 15.5-37; Ord. No. 028-2003, § 1)

Sec. 15.5-38. Conflicts with other laws or regulations.
    In the case of a conflict between this Unincorporated Monroe County Wastewater Connection
Standard and any state or federal law or administrative rule or regulation the provisions of state
or federal law or administrative rule or regulation shall control.
(Code 1979, § 15.5-38; Ord. No. 028-2003, § 1)



ARTICLE III. KEY LARGO AREA CENTRAL SEWAGE MUNICIPAL SERVICE BENEFIT
                                 UNIT*


Sec. 15.5-51. Creation of MSBU.10
       (a)   The creation of the Key Largo Area Central Sewage Municipal Service Benefit Unit
(MSBU) is the best available alternative to funding, constructing, operating and maintaining a
central sewage system for residential, commercial, charitable or religious properties within the
MSBU because only those property owners who will be specially benefited will pay the non-ad
valorem assessment;
       (b)    The construction, operation and maintenance of a central sewage system constitutes
a valid public purpose and municipal service for which a municipal service benefit unit may be
created under sections 125.01(1)(q) and (r), F.S.
(Code 1979, § 15.5-51; Ord. No. 22-2000, § 1)

Sec. 15.5-52. Establishment.
   Pursuant to the provisions of F.S. § 125.01(1)(q) and F.S. § 125.01(1)(r), there is hereby
established the Key Largo Area Central Sewage Municipal Service Benefit Unit (MSBU) for the
purpose of providing central sewage infrastructure. The MSBU is comprised of the following areas:
        (1)    Key Largo excluding Ocean Reef; and
        (2)    Cross Key.
(Code 1979, § 15.5-52; Ord. No. 22-2000, § 2)

Sec. 15.5-53. Governing body.11
   The governing body of the MSBU is the Board of County Commissioners of Monroe County,
Florida.
(Code 1979, § 15.5-53; Ord. No. 22-2000, § 3)


10
     Legal Analysis: 1979 Code § 15.5-51. Creation of MSBU. Deleted as not needed.
11
     Legal Analysis: 1979 Code § 15.5-53. Governing body. Deleted as covered by F.S. § 125.01(2).
                                                                                          Page 13 of 35

Sec. 15.5-54. Same—Powers and duties.
   The governing body has the following powers and duties:
       (1)     To sue and be sued.
       (2)     To contract and be contracted with and to enter into interlocal agreements with
               other government entities, in order to carry out any of the purposes of this article.
       (3)     To construct, operate and maintain central sewage infrastructure (including, but not
               limited to, treatment facilities, pipes and pumping stations) necessary to provide
               sewage collection service to residential, commercial, charitable and religious
               properties within the MSBU and to transport the sewage so collected to a central
               wastewater treatment facility.
       (4)     To levy non-ad valorem assessments against all property within the MSBU specially
               benefited by the construction of central sewage infrastructure for the payment of the
               costs of such construction.
       (5)     To borrow and expend money, issue bonds, revenue certificates, and other
               obligations of indebtedness, subject to the limitations provided by general law.
       (6)     To establish, charge and collect fees, including connection fees, for the construction,
               operation or maintenance of the sewage infrastructure.
       (7)     To transfer funds collected or received to other governmental entities or private
               entities for carrying out the purposes of this article.
       (8)     To employ and hire such employees and independent contractors as deemed
               necessary for the construction, operation of the central sewage infrastructure.
       (9)     To receive grants and other revenues on behalf of the MSBU.
       (10)    To acquire by gift, purchase/lease purchase, or the exercise of eminent domain, land
               or any other property and to convey land or any other property.
       (11)    To lease land or goods for its own behalf or to others.
(Code 1979, § 15.5-54; Ord. No. 22-2000, § 4)

Sec. 15.5-55. Levy of non-ad valorem assessment.
        (a)    In order to fund the MSBU expenditures authorized by this article, the governing
body may impose non-ad valorem assessments pursuant to F.S. § 197.3632 against all real
property within the MSBU that will be specially benefited by the construction, operation and
maintenance of central sewage infrastructure. The non-ad valorem assessments may be calculated
on a front footage or per lot or per unit basis or according to any other method lawful in the State
of Florida that fairly apportions the cost of constructing the central sewage infrastructure and the
benefit received by the property subject to the assessment. If the owner of real property
contributes land or capital improvements that will be used and useful in the construction or
operation of the central sewage infrastructure, then the amount of the non-ad valorem assessment
levied against the real property of the owner must be reduced by a credit equal to the value of the
contribution, or to zero if the contribution exceeds the amount of the assessment. However, if the
governing body levies a non-ad valorem assessment pursuant to this article for multiple years and,
if the contribution exceeds the value of the assessment in the year in which the contribution was
made, then the value of the contribution remaining after the initial deduction must be credited
against subsequent assessments until the credit value is reduced to zero. The value of any
contribution of land or capital improvements must be made by a real estate appraiser employed by
the county or the county engineer, as appropriate, after conferring with the contributing property
owner or his representative(s). The decision of the appraiser or county engineer as to value is the
                                                                                              Page 14 of 35

final determination of the MSBU.
        (b)   If upon completion of central sewage infrastructure and the retirement of any bonds,
anticipation warrants, notes or other instruments of indebtedness, there remain unused MSBU
funds originally collected through non-ad valorem assessments, those funds may be refunded to
the owners of properties (as shown by the most current records of the property appraiser) that
were subject to assessment in a manner that the governing body determines to be fair and just.
However, in calculating the amount available for refund, the governing body must set aside a
sufficient amount to cover the administrative costs in making the refund.
(Code 1979, § 15.5-55; Ord. No. 22-2000, § 5)

Sec. 15.5-56. Contractual requirements.
   In entering into contracts, the MSBU must observe all applicable statutes, county ordinances
and purchasing policies, including all county insurance and indemnification requirements. The
requirement of any applicable statute, county ordinance or purchasing policy may be waived for
the MSBU only to the extent that waivers are authorized by the statute, ordinance or policy.
(Code 1979, § 15.5-56; Ord. No. 22-2000, § 6)

Sec. 15.5-57. Use of county personnel for MSBU tasks.
    The county administrator must make county personnel available to the MSBU for carrying out
its task of constructing, operating and maintaining central sewage infrastructure. The MSBU
must, however, reimburse to the county the county's costs in furnishing personnel. Costs, for the
purposes of this subsection, means a pro-rata share of salaries and benefits (including retirement
contributions) for the county personnel furnishing assistance, plus reimbursable expenses under
F.S. § 112.061..
(Code 1979, § 15.5-57; Ord. No. 22-2000, § 7)

Sec. 15.5-58. Clerk designated; duties.
    The clerk of the circuit court is the clerk, accountant and auditor for the MSBU. The clerk is
the custodian of the MSBU's records, minutes and accounts. The clerk must invest or reinvest
surplus MSBU funds in the same manner as the clerk invests or reinvests other surplus county
funds and audit the MSBU's account in the same manner as the accounts of the county
commission are audited. The MSBU must reimburse the clerk's costs in furnishing his services as
clerk and accountant. Costs, for the purpose of this section, means a pro-rata share of the salaries
and benefits (including retirement contributions) of the Clerk's personnel furnishing services to
the MSBU, plus F.S. § 112.061, reimbursable expenses.
(Code 1979, § 15.5-58; Ord. No. 22-2000, § 8)

Sec. 15.5-59. Adoption of assessment resolutions and non-ad valorem rolls.
        (a)   The adoption of assessment resolutions and non-ad valorem rolls must be as
provided in F.S. § 197.3632. At the public hearing at which the governing body adopts the
assessment, the governing body may adjust the assessment, or the application of the assessment to
any affected property, based on the benefit which the governing body will provide or has provided
to the property with the revenue generated by the assessment notwithstanding the notice provided
as required by F.S. § 197.3632(4)(b).
       (b)     At the public hearing provided in subsection 15.5-59(a) above, the governing board
may also adopt such fees and service charges as the governing board determines are prudent and
useful in carrying out the purposes of the MSBU.
(Code 1979, § 15.5-59; Ord. No. 22-2000, § 9) ;oxh5; Secs. 15.15.5-60—15.15.5-80.\Reserved.
.
                                                                                         Page 15 of 35

               ARTICLE V. CONCH KEY MUNICIPAL SERVICE TAXING UNIT*


Sec. 15.5-91. Title.12
     This article may be cited as the Conch Key Municipal Service Taxing Unit.
(Code 1979, § 15.5-91; Ord. No. 036-2002, § 1)

Sec. 15.5-92. Authority and purpose.
       (a)    This article is enacted under the authority of Article VIII, Section 1, Florida
Constitution, and F.S. § 125.01 and F.S. § 125.66. The board of county commissioners (the "board")
of Monroe County, Florida, 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.
       (b)     The provisions of F.S. § 125.01(1)(q) provide 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 article is to create a municipal service taxing unit to fund the
provision of municipal services associated with the administration, planning and development of
wastewater and reclaimed water projects within the municipal service taxing unit as generally
described in section 15.5-93 of this article. This article shall be liberally construed to effect the
purposes hereof.
        (d)    This article is adopted to fulfill the obligation of the board under an interlocal
agreement by and between the board and the Florida Keys Aqueduct Authority (the "authority") to
provide limited funding source for the reimbursement and provision of municipal services relating
to administration, planning and development of wastewater and reclaimed water projects (the
"interlocal agreement").
(Code 1979, § 15.5-92; Ord. No. 036-2002, § 2)

Sec. 15.5-93. Creation of municipal service taxing unit.
       (a)    Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a municipal
service taxing unit for that portion of the unincorporated areas of the county. Such municipal
service taxing unit shall be known as the Conch Key Municipal Service Taxing Unit. All matters
concerning such municipal service taxing unit shall be governed by the board.
       (b)    The boundaries of Conch Key Municipal Service Taxing Unit are more particularly
described in Exhibit A hereto and same are incorporated by reference.
       (c)     From time to time the board may by resolution take any action not inconsistent with
this article or any interlocal agreement to assist the authority in funding the administration,
planning and development of wastewater and reclaimed water projects within and benefiting the
Conch Key Municipal Service Taxing Unit.
(Code 1979, § 15.5-93; Ord. No. 036-2002, § 3)

Sec. 15.5-94. Authorization of ad valorem taxes.
       (a)    The board is hereby authorized, in the manner and under the authority provided by
F.S. § 125.01(1)(q) and F.S. § 125.01(1)(q) (r), to levy and collect additional ad valorem taxes at a
millage rate not to exceed 0.70 mil upon real and personal property within the Conch Key

12
     Legal Analysis: 1979 Code § 15.5-91. Title. Deleted as not needed.
                                                                                          Page 16 of 35

Municipal Service Taxing Unit commencing with county fiscal year 2003-2004.
       (b)     The collection of ad valorem taxes as authorized herein shall cease after four (4)
consecutive fiscal years and the Conch Key Municipal Service Taxing Unit shall terminate at the
end of county fiscal year 2007-2008.
(Code 1979, § 15.5-94; Ord. No. 036-2002, § 4)

Sec. 15.5-95. Use of revenue; implementation.
       (a)    Revenues derived from ad valorem taxes levied within the Conch Key Municipal
Service Taxing Unit pursuant to section 15.5-94 shall be used solely to pay for and provide funding
for administration, planning and development costs associated with and incurred in advancing of
wastewater and reclaimed water projects within and benefiting the Conch Key Municipal Service
Taxing Unit.
        (b)    The board shall adopt a budget for the Conch Key Municipal Service Taxing Unit for
the fiscal year beginning October 1, 2003, and each year thereafter, at the same time and in the
same manner as the county budget. Such budget shall contain all or such portions of the costs
incurred and planned in conjunction with the funding of municipal services contracted to be
provided by the authority under any interlocal agreement.
(Code 1979, § 15.5-95; Ord. No. 036-2002, § 5)

               ARTICLE VI. BAY POINT MUNICIPAL SERVICE TAXING UNIT*

                       13
Sec. 15.5-101. Title.
     This article may be cited as the Bay Point Municipal Service Taxing Unit.
(Code 1979, § 15.5-101; Ord. No. 037-2002, § 1)

Sec. 15.5-102. Authority and purpose.
       (a)    This article is enacted under the authority of Article VIII, Section 1, Florida
Constitution, and F.S. § 125.01 and F.S. § 125.66. The board of county commissioners (the "board")
of Monroe County, Florida, 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.
       (b)     The provisions of F.S. § 125.01(1)(q provide 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 article is to create a municipal service taxing unit to fund the
provision of municipal services associated with the administration, planning and development of
wastewater and reclaimed water projects within the municipal service taxing unit as generally
described in section 15.5-103 of this article. This article shall be liberally construed to effect the
purposes hereof.
        (d)    This article is adopted to fulfill the obligation of the board under an interlocal
agreement by and between the board and the Florida Keys Aqueduct Authority (the "authority") to
provide limited funding source for the reimbursement and provision of municipal services relating
to administration, planning and development of wastewater and reclaimed water projects (the
"interlocal agreement").

13
     Legal Analysis: 1979 Code § 15.5-101. Title. Deleted as not needed.
                                                                                         Page 17 of 35

(Code 1979, § 15.5-102; Ord. No. 037-2002, § 2)

Sec. 15.5-103. Creation of municipal service taxing unit.
       (a)    Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a municipal
service taxing unit for that portion of the unincorporated areas of the county. Such municipal
service taxing unit shall be known as the Bay Point Municipal Service Taxing Unit. All matters
concerning such municipal service taxing unit shall be governed by the board.
       (b)    The boundaries of Bay Point Municipal Service Taxing Unit are more particularly
described in Exhibit A hereto and same are incorporated by reference.
       (c)     From time to time the board may by resolution take any action not inconsistent with
this article or any interlocal agreement to assist the authority in funding the administration,
planning and development of wastewater and reclaimed water projects within and benefiting the
Bay Point Municipal Service Taxing Unit.
(Code 1979, § 15.5-103; Ord. No. 037-2002, § 3)

Sec. 15.5-104. Authorization of ad valorem taxes.
       (a)    The board is hereby authorized, in the manner and under the authority provided by
F.S. § 125.01(1)(q) and (r), to levy and collect additional ad valorem taxes at a millage rate not to
exceed 0.70 mil upon real and personal property within the Bay Point Municipal Service Taxing
Unit commencing with county fiscal year 2003-2004.
       (b)    The collection of ad valorem taxes as authorized herein shall cease after four (4)
consecutive fiscal years and the Bay Point Municipal Service Taxing Unit shall terminate at the
end of county fiscal year 2007-2008.
(Code 1979, § 15.5-104; Ord. No. 037-2002, § 4)

Sec. 15.5-105. Use of revenue; implementation.
       (a)   Revenues derived from ad valorem taxes levied within the Bay Point Municipal
Service Taxing Unit pursuant to section 15.5-104 shall be used solely to pay for and provide
funding for administration, planning and development costs associated with and incurred in
advancing of wastewater and reclaimed water projects within and benefiting the Bay Point
Municipal Service Taxing Unit.
        (b)    The board shall adopt a budget for the Bay Point Municipal Service Taxing Unit for
the fiscal year beginning October 1, 2003, and each year thereafter, at the same time and in the
same manner as the county budget. Such budget shall contain all or such portions of the costs
incurred and planned in conjunction with the funding of municipal services contracted to be
provided by the authority under any interlocal agreement.
(Code 1979, § 15.5-105; Ord. No. 037-2002, § 5)



               ARTICLE VII. BIG COPPITT MUNICIPAL SERVICE TAXING UNIT*
Sec. 15.5-111. Title.14
     This article may be cited as the Big Coppitt Municipal Service Taxing Unit.
(Code 1979, § 15.5-111; Ord. No. 038-2002, § 1)

Sec. 15.5-112. Authority and purpose.
         (a)    This article is enacted under the authority of Article VIII, Section 1, Florida

14
     Legal Analysis: 1979 Code § 15.5-111. Title. Deleted as not needed.
                                                                                                  Page 18 of 35

Constitution, and F.S. § 125.01 and F.S. § 125.66. The board of county commissioners (the "board")
of Monroe County, Florida, 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.
       (b)     The provisions of F.S. § 125.01(1)(q) provide 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 article is to create a municipal service taxing unit to fund the
provision of municipal services associated with the administration, planning and development of
wastewater and reclaimed water projects within the municipal service taxing unit as generally
described in section 15.5-113 of this article. This article shall be liberally construed to effect the
purposes hereof.
        (d)    This article is adopted to fulfill the obligation of the board under an interlocal
agreement by and between the board and the Florida Keys Aqueduct Authority (the "authority") to
provide limited funding source for the reimbursement and provision of municipal services relating
to administration, planning and development of wastewater and reclaimed water projects (the
"interlocal agreement").
(Code 1979, § 15.5-112; Ord. No. 038-2002, § 2)

Sec. 15.5-113. Creation of municipal service taxing unit.
       (a)    Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a municipal
service taxing unit for that portion of the unincorporated areas of the county. Such municipal
service taxing unit shall be known as the Big Coppitt Municipal Service Taxing Unit. All matters
concerning such municipal service taxing unity shall be governed by the board.
      (b)    The boundaries of Big Coppitt Municipal Service Taxing Unit are the area generally
bounded on the west by Boca Chica Channel and on the east by Shark Channel, including Shark
Key.
       (c)     From time to time the board may by resolution take any action not inconsistent with
this article or any interlocal agreement to assist the authority in funding the administration,
planning and development of wastewater and reclaimed water projects within and benefiting the
Big Coppitt Municipal Service Taxing Unit.
(Code 1979, § 15.5-113; Ord. No. 038-2002, § 3; Ord. No. 016-2003, § 2; Ord. No. 026-2006, § 1)

Sec. 15.5-114. Authorization of ad valorem taxes.
       (a)    The board is hereby authorized, in the manner and under the authority provided by
F.S. § 125.01(1)(q) and F.S. § 125.01(1)(r), to levy and collect additional ad valorem taxes at a
millage rate not to exceed 0.78 mil upon real and personal property within the Big Coppitt
Municipal Service Taxing Unit commencing with county fiscal year 2003-2004.
       (b)     The imposition of ad valorem taxes is authorized as long as the MSTU is in
existence. The Big Coppitt Municipal Service Taxing Unit shall terminate on December 31, 2010,
and taxes for calendar year 2010 may be collected in 2011.
(Code 1979, § 15.5-114; Ord. No. 038-2002, § 4; Ord. No. 026-2006, § 2)

Sec. 15.5-115. Use of revenue; implementation.
       (a)   Revenues derived from ad valorem taxes levied within the Big Coppitt Municipal
Service Taxing Unit pursuant to section 15.5-114 shall be used solely to pay for and provide
                                                                                          Page 19 of 35

funding for administration, planning and development costs associated with and incurred in
advancing of wastewater and reclaimed water projects within and benefiting the Big Coppitt
Municipal Service Taxing Unit.
        (b)     The board shall adopt a budget for the Big Coppitt Municipal Service Taxing Unit
for the fiscal year beginning October 1, 2003, and each year thereafter, at the same time and in the
same manner as the county budget. Such budget shall contain all or such portions of the costs
incurred and planned in conjunction with the funding of municipal services contracted to be
provided by the authority under any interlocal agreement.
(Code 1979, § 15.5-115; Ord. No. 038-2002, § 5)

     ARTICLE VIII. KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICIPAL
                             SERVICE TAXING UNIT*


Sec. 15.5-121. Title.15
  This article may be cited as the Key Largo Wastewater Treatment District (KLWTD)
Municipal Service Taxing Unit (MSTU).
(Code 1979, § 15.5-121; Ord. No. 018-2003, § 1)

Sec. 15.5-122. Authority and purpose.
       (a)    This article is enacted under the authority of Article VIII, Section 1, Florida
Constitution, and F.S. § 125.01 and F.S. § 125.66. The Board of County Commissioners (the
"board") of Monroe County, Florida, 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.
       (b)     The provisions of F.S. § 125.01(1)(q) provide 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 article is to create a municipal service taxing unit to fund the
provision of municipal services associated with the administration, planning and development of
wastewater and reclaimed water projects within the municipal service taxing unit as generally
described in section 15.5-123 of this article. This article shall be liberally construed to effect the
purposes hereof.
       (d)     This article is adopted to fulfill the request of the Key Largo Wastewater Treatment
District and in consideration of the board's obligations under a transition agreement by and
between the Key Largo Wastewater Treatment District, the Florida Keys Aqueduct Authority (the
"authority"), and the board to provide limited funding source for the reimbursement and provision
of municipal services relating to administration, planning and development of wastewater and
reclaimed water projects (the "transition agreement").
(Code 1979, § 15.5-122; Ord. No. 018-2003, § 2)

Sec. 15.5-123. Creation of municipal service taxing unit.
       (a)     Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a municipal
service taxing unit for that portion of the County within the unincorporated of Key Largo under
the jurisdiction of the KLWTD. Such municipal service taxing unit shall be known as the Key

15
     Legal Analysis: 1979 Code § 15.5-121. Title. Deleted as not needed.
                                                                                         Page 20 of 35

Largo Wastewater Treatment District Municipal Service Taxing Unit. All matters concerning such
municipal service taxing unit shall be governed by the board.
       (b)    The boundaries of the Key Largo Wastewater Treatment District Municipal Service
Taxing Unit (MSTU) shall embrace and include territory consisting of Key Largo including all
lands east of Tavernier Creek, including Tavernier, Key Largo and Cross Key, with the exception
of Ocean Reef.
       (c)    From time to time the board may by resolution take any action not inconsistent with
this article or the transition agreement to assist the KLWTD in funding the administration,
planning and development of wastewater and reclaimed water projects within and benefiting the
Key Largo Wastewater Treatment District Municipal Service Taxing Unit.
(Code 1979, § 15.5-123; Ord. No. 018-2003, § 3)

Sec. 15.5-124. Authorization of ad valorem taxes.
       (a)      The board is hereby authorized, in the manner and under the authority provided by
F.S. § 125.01(1)(q) and (r), to levy and collect additional ad valorem taxes at a millage rate not to
exceed 0.35 mil upon real and personal property within the Key Largo Wastewater Treatment
District Municipal Service Taxing Unit commencing with county fiscal year 2003-2004. The
foregoing millage limitation shall not be increased without the Key Largo Wastewater Treatment
District first adopting a resolution consenting thereto.
       (b)    The collection of ad valorem taxes as authorized herein shall cease after four (4)
consecutive fiscal years and the Key Largo Wastewater Treatment District Municipal Service
Taxing Unit shall terminate at the end of county fiscal year 2007-2008.
(Code 1979, § 15.5-124; Ord. No. 018-2003, § 4)

Sec. 15.5-125. Use of revenue; implementation.
       (a)    Revenues derived from ad valorem taxes levied within the Key Largo Wastewater
Treatment District Municipal Service Taxing Unit pursuant to section 155-124 shall be used solely
to pay for and provide funding for administration, planning and development costs associated with
and incurred in advancing of wastewater and reclaimed water projects within and benefiting the
Key Largo Wastewater Treatment District Municipal Service Taxing Unit. For the purposes of this
subsection the phrase administration costs shall include the compensation and expense
reimbursement of Key Largo Wastewater Treatment District (district) governing board members.
Administration costs shall also include legal fees and expenses, consultant fees and expenses
(including but not limited to all professions listed in F.S. § 287.055(2)(a), employee salaries and
benefits, bond underwriting fees and all other costs usually associated with issuance of debt, the
reimbursement of any public or private entity, person, firm, partnership or corporation for any
monies advanced to further the district purposes, and all other expenses as may be necessary or
incidental to the furtherance of district purposes. Administration costs, as described in this
subparagraph, may also be paid for out of the proceeds of any grant or loan made by the unit or
county to the district unless specifically prohibited by the terms of such grant or loan.
       (b)     The board shall adopt a budget for the Key Largo Wastewater Treatment District
Municipal Service Taxing Unit for the fiscal year beginning October 1, 2003, and each year
thereafter, at the same time and in the same manner as the county budget. Such budget shall
contain all or such portions of the costs incurred and planned in conjunction with the funding of
municipal services contracted to be provided by the authority under any interlocal agreement.
(Code 1979, § 15.5-125; Ord. No. 018-2003, § 5; Ord. No. 008-2004, § 1)
                                                                                           Page 21 of 35


                         ARTICLE IX. WASTEWATER ASSESSMENTS*

                                   DIVISION 1. INTRODUCTION
Sec. 15.5-131. Definitions.16
   As used in this article, the following words and terms shall have the following meanings,
unless the context clearly otherwise requires:
    "Annual rate resolution" means the resolution described in section 15.5-142 of this article,
establishing the rate at which an annual wastewater assessment for a specific fiscal year will be
computed. The final assessment resolution shall constitute the annual rate resolution for the
initial fiscal year in which an annual wastewater assessment is imposed or reimposed.
   "Annual wastewater assessment" means a special assessment lawfully imposed by the board
against assessed property to permit payment of the assessable costs over a period of years.
    "Assessable costs" means the amount computed by adding (a) the amount of the capacity fee
and (b) all costs associated with the structure, implementation, collection, and enforcement of the
annual wastewater assessments, including any service charges of the county, tax collector, or
property appraiser and amounts necessary to off-set discounts received for early payment of
annual wastewater assessments pursuant to the Uniform Assessment Collection Act and any other
costs or expenses related to the collection of the assessment costs.
   "Assessed property" means all parcels of land included on the assessment roll that receive a
special benefit from the delivery of the wastewater services and facilities identified in the initial
assessment resolution or the annual rate resolution.
   "Assessment interest amount" means the annual interest rate charged against the unpaid
assessable costs by a utility provider pursuant to a duly enacted resolution.
   "Assessment roll" means the special assessment roll relating to a annual wastewater
assessment approved by a final assessment resolution pursuant to section 15.5-140 hereof or an
annual rate resolution pursuant to section 15.5-142 hereof.
     "Board" means the Board of County Commissioners of Monroe County, Florida.
    "Building" means any structure, whether temporary or permanent, built for support, shelter or
enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall
include the use of land in which lots or spaces are offered for use, rent or lease for the placement of
mobile homes, travel trailers, or the like for residential purposes.
   "Capacity fee" means the fee established by a utility provider in the utility rate resolution to
fund the capital cost of the wastewater capacity attributable to a connection.
   "Clerk" means the Clerk of the Circuit Court for Monroe County, Florida, as ex-officio clerk of
the board and such other person as may be duly authorized to act on his or her behalf.
   "Connection" means the physical interconnection of a building's sanitary sewer system to a
central sewage system provided by a utility provider.
    "Consent and acknowledgment agreement" means the agreement, required as provided in
sections 15.5-136 and 15.5-137 of this article, as a condition precedent to the owner receiving the
privilege of paying the assessable costs in installments as an annual wastewater assessment
rather than as a lump sum at the time of connection. The consent and acknowledgment agreement
shall provide for the consent of the owner to the imposition of an annual wastewater assessment
against the owner's property, acknowledge the total assessable costs, acknowledge the amount and

16
     Legal Analysis: 1979 Code § 15.5-131. Definitions. Deleted material covered by chapter 1.
                                                                                          Page 22 of 35

use of the annual wastewater assessment, confirm the benefit accruing to the owner's property
from the assessable costs and the imposition of the annual wastewater assessment, confirm the
assessment interest amount, confirm the wastewater assessment term for the installment
payment of the annual wastewater assessment, acknowledge the maximum annual wastewater
assessment and that failure to pay the annual wastewater assessment will cause a tax certificate
to be issued against the owner's property which will result in a loss of title under the Uniform
Assessment Collection Act, and waive the provision of first class mailed notice provided for under
the Uniform Assessment Collection Act.
   "County" means Monroe County, Florida.
   "County administrator" means the chief administrative officer of the county, designated by the
board to be responsible for coordinating the annual wastewater assessments, or such person's
designee.
   "Final assessment resolution" means the resolution described in section 15.5-140 hereof which
shall confirm, modify, or repeal the initial assessment resolution and which shall be the final
proceeding for the initial imposition of annual wastewater assessments.
   "Fiscal year" means that period commencing October 1st of each year and continuing through
the next succeeding September 30th, or such other period as may be prescribed by law as the fiscal
year for the county.
    "Government property" means property owned by the United States of America or any agency
thereof, a sovereign state or nation, the State of Florida or any agency thereof, a county, a special
district or a municipal corporation.
    "Initial assessment resolution" means the resolution described in section 15.5-136 hereof which
shall be the initial proceeding for the identification of the assessable costs for which an assessment
is to be made and for the imposition of an annual wastewater assessment.
    "Initial wastewater assessment installment" means the initial installment in the wastewater
assessment term required to be paid at the time of the execution of a consent and acknowledgment
agreement as a condition for an owner to exercise the privilege to pay the assessable costs in
installments as provided in section 15.5-137 of this article.
   "Initial wastewater assessment notice" means the initial certification provided by a utility
provider required under section 15.5-136 of this article for the preparation of the initial
assessment resolution.
   "Ordinance" means this wastewater assessment ordinance, as amended from time-to-time.
   "Owner" means the person reflected as the owner of assessed property on the tax roll.
   "Person" means any individual, partnership, firm, organization, corporation, association, or any
other legal entity, whether singular or plural, masculine or feminine, as the context may require.
   "Property appraiser" means the Monroe County Property Appraiser.
   "Supplemental annual wastewater assessment" means a new annual wastewater assessment
not included or the initial assessment roll certified by the utility provider or in a supplemental
wastewater assessment notice previously certified by the utility provider pursuant to section 15.5-
142 of this article.
   "Supplemental wastewater assessment notice" means the certification required under section
15.5-142 of this article for the preparation of an annual rate resolution provided by the utility
provider for fiscal years subsequent to the fiscal year in which the initial assessment resolution is
prepared.
   "Tax collector" means the Monroe County Tax Collector.
                                                                                           Page 23 of 35

   "Tax roll" means the real property ad valorem tax assessment roll maintained by the property
appraiser for the purpose of the levy and collection of ad valorem taxes.
   "Uniform Assessment Collection Act" means F.S. § 197.3632 and F.S. § 197.3635, or any
successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad
valorem taxes, and any applicable regulations promulgated thereunder.
   "Utility rate resolution" means the schedule of rates, fees, and charges duly approved by the
board or by a utility provider.
    "Utility provider" means all publicly owned wastewater utilities operating in the
unincorporated area of the county and all privately owned wastewater utilities operating within
the unincorporated area of the county where the county has purchased utility capacity from that
utility, including, but not limited to, the Florida Keys Aqueduct Authority, the Key Largo
Wastewater Treatment District and the KW Resort Utility operating within South Stock Island.
   "Wastewater assessment term" means the number of installments, excluding the initial
assessment installment, that an annual wastewater assessment is to be imposed as documented in
the initial wastewater assessment notice or a supplemental wastewater assessment notice. The
wastewater assessment term shall not exceed a time period of twenty (20) years.
(Code 1979, § 15.5-131; Ord. No. 027-2003, § 1.01)

Sec. 15.5-132. Interpretation.17
    Unless the context indicates otherwise, words importing the singular number include the
plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and
similar terms refer to this article; and the term "hereafter" means after, and the term "heretofore"
means before, the effective date of this article. Words of any gender include the correlative words
of the other genders, unless the sense indicates otherwise.
(Code 1979, § 15.5-132; Ord. No. 027-2003, § 1.02)

Sec. 15.5-133. General findings.
     It is hereby ascertained, determined, and declared that:
         (1)    Pursuant to Article VIII, section 1, Florida Constitution, and F.S. § 125.01 and F.S. §
                125.66, the board has all powers of local self-government to perform county functions
                and to render county services in a manner not inconsistent with law, and such power
                may be exercised by the enactment of county ordinances.
         (2)    A reduction in the amount of costs due at the time of connection from the owners of
                properties required to connect to a central sewage system by the availability of an
                annual wastewater assessment option that permits assessable costs to be paid over a
                period of years provides a special benefit to property and encourages properties to
                connect to a central sewage system on a timely basis.
         (3)    The annual wastewater assessment authorized by this article provides an equitable
                method of funding the assessable costs.
         (4)    The purpose of this article is to (a) provide procedures and standards for the
                imposition of an annual wastewater assessment by the county under the general
                home rule powers of a county to impose special assessments; (b) identify the
                assessable costs to be collected in installments by the imposition of the annual
                wastewater assessments; (c) authorize a procedure for the funding of wastewater
                facilities providing special benefits to property within the county; and (d)
                legislatively determine the special benefit provided to assessed property from the

17
     Legal Analysis: 1979 Code § 15.5-132. Interpretation. Deleted material covered by chapter 1.
                                                                                         Page 24 of 35

               provision of wastewater facilities and services.
       (5)     The annual wastewater assessment, to be imposed using the procedures provided in
               this article, shall constitute non-ad valorem assessments within the meaning and
               intent of the Uniform Assessment Collection Act.
       (6)     The annual wastewater assessment to be imposed using the procedures provided in
               this article are imposed by the board, not the clerk, property appraiser or tax
               collector. The duties of the clerk, property appraiser and tax collector under the
               provisions of this article and the Uniform Assessment Collection Act are ministerial.
(Code 1979, § 15.5-133; Ord. No. 027-2003, § 1.03)

Sec. 15.5-134. Legislative determinations of special benefit.
   It is hereby ascertained and declared that the wastewater services and facilities comprising the
assessable costs provide a special benefit to property because wastewater services and facilities
possess a logical relationship to the use and enjoyment of improved property by:
       (1)     Facilitating the development of property and increasing the use and enjoyment
               thereof;
       (2)     Positively affecting the marketability and market value of the property by the
               presence of a central sewage treatment service;
       (3)     Properly and safely disposing of sewage generated on improved property; and
       (4)     Enhancing improved property through the environmentally responsible use and
               enjoyment of the property.
(Code 1979, § 15.5-134; Ord. No. 027-2003, § 1.04)

                      DIVISION 2. ANNUAL WASTEWATER ASSESSMENTS
Sec. 15.5-135. General authority.
        (a)    The board is hereby authorized to impose an annual wastewater assessment to fund
all or any portion of the assessable costs upon benefited property at a rate of assessment based on
the special benefit accruing to such property from a utility provider's provision of wastewater
services and facilities. All annual wastewater assessments shall be imposed in conformity with the
procedures set forth in this division 2.
      (b)    Annual wastewater assessments shall be imposed for a term of years, not to exceed
twenty (20) years, in equal annual amounts sufficient to pay the assessable costs and the
assessment interest amount.
      (c)   Nothing contained in this article shall be construed to require the imposition of an
annual wastewater assessment against government property.
(Code 1979, § 15.5-135; Ord. No. 027-2003, § 2.01)

Sec. 15.5-136. Initial proceedings.
       (a)     At the time of connection, an owner shall pay directly to the utility provider the
capacity fee required by the utility provider under its utility service rules and regulations as a
condition of connection or an owner may elect to pay the capacity fee together with an assessable
interest amount and all other assessable costs in installments in the form of an annual wastewater
assessment assessed against such property over a set period not to exceed twenty (20) years. In the
event a property owner elects the privilege to pay an annual wastewater assessment in
installments, such Owner will sign a binding consent and acknowledgment agreement with the
county prior to connection and shall pay the initial wastewater assessment Installment as
required in section 15.5-137 of this article.
                                                                                        Page 25 of 35

      (b)    As a condition pursuant to the initial imposition of an annual wastewater
assessment, the utility provider shall certify to the county, prior to June 1, an initial wastewater
assessment notice containing the following information:
       (1)     A list of the owners who have elected the privilege of paying the annual wastewater
               assessment in installments and a copy of the consent and acknowledgment
               agreement executed by such owner;
       (2)     Summary description of each parcel of property (conforming to the description
               contained on the tax roll) subject to the annual wastewater assessment;
       (3)     The name of the owner of each parcel as shown on the tax roll;
       (4)     The assessable costs attributable to each parcel;
       (5)     The annual wastewater assessment amount;
       (6)     The term of years for the installment payment of the annual wastewater
               assessment;
       (7)     The applicable assessment interest amount; and
       (8)     Acknowledgment of receipt of the initial wastewater assessment installment for
               each parcel of property.
        (c)   Thereafter, the initial proceeding for the imposition of an annual wastewater
assessment shall be the adoption of an initial assessment resolution by the board, (1) describing
the properties electing to pay the assessable costs in installments by the imposition of an annual
wastewater assessment, (2) determining the assessable costs to be assessed against each property,
(3) establishing the annual wastewater assessment amount for the ensuing fiscal year, (4)
confirming the wastewater assessment term; and (5) directing the county administrator to (a)
prepare the initial assessment roll, as required by section 15.5-138 hereof, and (b) publish the
notice required by section 15.5-140 hereof.
(Code 1979, § 15.5-136; Ord. No. 027-2003, § 2.02)

Sec. 15.5-137. Conditions on election to pay the assessable costs in installments.
    As a condition pursuant to the owner receiving the privilege of paying the assessable costs in
installments the county and the owner shall enter into a consent and acknowledgment agreement
and the owner shall pay to the utility provider the initial wastewater assessment installment.
(Code 1979, § 15.5-137; Ord. No. 027-2003, § 2.03)

Sec. 15.5-138. Initial assessment roll.
      (a)    The county administrator shall prepare, or direct the preparation of, the initial
assessment roll, which shall contain the following:
       (1)     A summary description of all assessed property conforming to the description
               contained on the tax roll.
       (2)     The name of the owner of the assessed property.
       (3)     The amount of the annual wastewater assessment to be imposed against each such
               parcel of assessed property.
       (b)    The initial assessment roll shall be retained by the county administrator and shall
be open to public inspection. The foregoing shall not be construed to require that the assessment
roll be in printed form if the amount of the annual wastewater assessment for each parcel of
property can be determined by use of a computer terminal available to the public.
(Code 1979, § 15.5-138; Ord. No. 027-2003, § 2.04)
                                                                                          Page 26 of 35

Sec. 15.5-139. Notice by publication.
    Upon completion of the initial assessment roll, the county administrator shall publish, or direct
the publication of, once in a newspaper of general circulation within the county a notice stating
that at a meeting of the board on a certain day and hour, not earlier than 20 calendar days from
such publication, which meeting shall be a regular, adjourned, or special meeting, the board will
hear objections of all interested persons to the final assessment resolution and approve the
aforementioned initial assessment roll. The published notice shall conform to the requirements set
forth in the Uniform Assessment Collection Act.
(Code 1979, § 15.5-139; Ord. No. 027-2003, § 2.05)

Sec. 15.5-140. Adoption of final assessment resolution.
    At the public hearing as noticed pursuant to section 15.5-139 hereof, or to which an
adjournment or continuance may be taken by the board, the board shall receive any oral or written
objections of interested persons and may then, or at any subsequent meeting of the board adopt
the final assessment resolution which shall (1) confirm, modify, or repeal the initial assessment
resolution with such amendments, if any, as may be deemed appropriate by the board; (2) impose
the annual wastewater assessment; (3) approve the initial assessment roll, with such amendments
as it deems just and right; and (4) determine the method of collection. The adoption of the final
assessment resolution by the board shall constitute a legislative determination that all parcels
assessed derive a special benefit from the wastewater services and facilities, to be provided or
constructed and a legislative determination that the annual wastewater assessment is fairly and
reasonably apportioned among the properties that receive the special benefit. All written
objections to the final assessment resolution shall be filed with the county administrator at or
before the time or adjourned time of such hearing. The final assessment resolution shall constitute
the annual rate resolution for the initial fiscal year in which an annual wastewater assessment is
imposed or reimposed hereunder.
(Code 1979, § 15.5-140; Ord. No. 027-2003, § 2.06)

Sec. 15.5-141. Effect of final assessment resolution.
    The annual wastewater assessment for the initial fiscal year shall be established upon
adoption of the final assessment resolution. The adoption of the final assessment resolution shall
be the final adjudication of the issues presented (including, but not limited to, the reasonableness
of the legislative determination of special benefit and fair apportionment to the assessed property;
the reasonableness of the method of apportionment; the enforceability and accuracy of the
calculation of the initial rate of assessment and the preparation of the initial assessment roll; and
the validity and enforceability of the lien of the annual wastewater assessment), unless proper
steps shall be initiated in a court of competent jurisdiction to secure relief within twenty (20) days
from the date of the board action on the final assessment resolution. The initial assessment roll, as
approved by the final assessment resolution, shall be delivered to the tax collector, as required by
the Uniform Assessment Collection Act, or if the alternative method described in section 15.5-148
hereof is used to collect the annual wastewater assessments, such other official as the board by
resolution shall designate.
(Code 1979, § 15.5-141; Ord. No. 027-2003, § 2.07)

Sec. 15.5-142. Adoption of annual rate resolution.
       (a)      The board shall adopt an annual rate resolution during its budget adoption process
for each fiscal year following the initial fiscal year during the wastewater assessment term.
        (b)   As the initial proceedings for the adoption of an annual rate resolution the utility
provider shall certify prior to June 1 of each fiscal year a supplemental wastewater assessment
notice containing the following information:
                                                                                          Page 27 of 35

       (1)    For each supplemental annual wastewater assessment: (a) summary description of
              the parcel subject to the assessment (conforming to the description contained on the
              tax roll); (b) the name of the owner of the parcel assessed as shown on the tax roll;
              (c) the assessable costs, annual wastewater assessment amount, wastewater
              assessment term and assessment interest amount attributable to the assessed
              parcel for the supplemental annual wastewater assessment; and (d)
              acknowledgment of the receipt of the initial wastewater assessment for the parcel
              subject to the supplemental annual wastewater assessment;
       (2)    Any deletions of an annual wastewater assessment imposed against a parcel of
              property or a previously adopted assessment roll as a consequence of the
              prepayment of unpaid assessable costs pursuant to any right of prepayment
              provided by resolution.
        (c)    Based on the information provided in the supplemental wastewater assessment
notice, the board shall adopt an annual rate resolution:
       (1)    Authorizing the date, time, and place of a public hearing to receive and consider
              comments from the public and consider the adoption of the annual rate resolution
              for the upcoming fiscal year; and
       (2)    Directing the county administrator to: (a) update the assessment roll; (b) provide
              notice by publication pursuant to section 15.5-139 herein; (c) provide notice by first
              class mail to affected owners in the event circumstances described in subsection (e)
              of this section so require; and (d) directing and authorizing any supplemental or
              additional notice deemed proper, necessary or convenient by the county.
       (d)    The annual rate resolution shall (1) establish the annual wastewater assessment to
be imposed in the upcoming fiscal year and; (2) approve the assessment roll for the upcoming fiscal
year with such adjustments as the board deems just and right. The assessment roll shall be
prepared in accordance with the method of apportionment set forth in the initial assessment
resolution, together with modifications, if any, that are provided and confirmed in the final
assessment resolution or any subsequent annual rate resolution.
        (e)    In the event (1) the proposed annual wastewater assessment for any fiscal year
exceeds the maximum rate of assessment provided in the consent and acknowledgment agreement,
(2) the purpose for which the annual wastewater assessment is imposed or the use of the revenue
from the annual wastewater assessment is substantially changed from that acknowledged in the
consent and acknowledgment agreement, or (3) assessed property is reclassified or the method of
apportionment is revised or altered resulting in an increased annual wastewater assessment from
that represented in any publication provided pursuant to section 15.5-139 or acknowledged in the
consent and acknowledgment agreement, notice shall be provided first class mail to the owners of
such assessed property. Such notice shall substantially conform with the notice requirements set
forth in the Uniform Assessment Collection Act and inform the owner of the date, time, and place
for the adoption of the annual rate resolution. The failure of the owner to receive such notice due to
mistake or inadvertence, shall not affect the validity of the assessment roll nor release or
discharge any obligation for payment of an annual wastewater assessment imposed by the board
pursuant to this article.
        (f)     As to any assessed property not included on an assessment roll approved by the
adoption of the final assessment resolution or a prior year annual rate resolution, the adoption of
the succeeding annual rate resolution shall be the final adjudication of the issues presented as to
such assessed property (including, but not limited to, the reasonableness of the legislative
determination of special benefit and fair apportionment to the assessed property; the
reasonableness of the method of apportionment; the enforceability and accuracy of the calculation
of the initial rate of assessment and the preparation of the initial assessment roll; and the validity
                                                                                            Page 28 of 35

and enforceability of the lien of the annual wastewater assessment), unless proper steps shall be
initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date
of the board action on the annual rate resolution. Nothing contained herein shall be construed or
interpreted to affect the finality of any annual wastewater assessment not challenged within the
required twenty (20) day period for those annual wastewater assessments previously imposed
against assessed property by the inclusion of the assessed property on an assessment roll approved
in the final assessment resolution or any subsequent annual rate resolution.
       (g)     The assessment roll, as approved by the annual rate resolution, shall be delivered to
the tax collector as required by the Uniform Assessment Collection Act, or if the alternative
method described in section 15.5-148 hereof is used to collect the annual wastewater assessment,
such other official as the board by resolution shall designate. If the annual wastewater assessment
against any property shall be sustained, reduced, or abated by the court, an adjustment shall be
made on the assessment roll.
(Code 1979, § 15.5-142; Ord. No. 027-2003, § 2.08)

Sec. 15.5-143. Lien of annual wastewater assessments.
    Upon the adoption of the assessment roll, all annual wastewater assessments shall constitute a
lien against assessed property equal in rank and dignity with the liens of all state, county, district,
or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall
be superior in dignity to all other prior liens, mortgages, titles, and claims, until paid. The lien for
an annual wastewater assessment shall be deemed perfected upon the board's adoption of the final
assessment resolution or the annual rate resolution, whichever is applicable. The lien for an
annual wastewater assessment collected under the Uniform Assessment Collection Act shall
attach to the property included on the assessment roll as of the prior January 1, the lien date for
ad valorem taxes imposed under the tax roll. The lien for an annual wastewater assessment
collected under the alternative method of collection provided in section 15.5-148 shall be deemed
perfected upon the board's adoption of the final assessment resolution or the annual rate
resolution, whichever is applicable, and shall attach to the property on such date of adoption.
(Code 1979, § 15.5-143; Ord. No. 027-2003, § 2.09)
Sec. 15.5-144. Revisions to annual wastewater assessments.
    If any annual wastewater assessment made under the provisions of this article is either in
whole or in part annulled, vacated, or set aside by the judgment of any court, or if the board is
satisfied that any such annual wastewater assessment is so irregular or defective that the same
cannot be enforced or collected, or if the board has failed to include or omitted any property on the
assessment roll which property should have been so included, the board may take all necessary
steps to impose a new annual wastewater assessment against any property benefited by the
wastewater assessed costs, following as nearly as may be practicable, the provisions of this article
and in case such second annual wastewater assessment is annulled, vacated, or set aside, the
board may obtain and impose other annual wastewater assessments until a valid annual
wastewater assessment is imposed.
(Code 1979, § 15.5-144; Ord. No. 027-2003, § 2.10)
Sec. 15.5-145. Procedural irregularities.
    Any informality or irregularity in the proceedings in connection with the levy of any annual
wastewater assessment under the provisions of this article shall not affect the validity of the same
after the approval thereof, and any annual wastewater assessment as finally approved shall be
competent and sufficient evidence that such annual wastewater assessment was duly levied, that
the annual wastewater assessment was duly made and adopted, and that all other proceedings
adequate to such annual wastewater assessment were duly had, taken, and performed as required
                                                                                          Page 29 of 35

by this article; and no variance from the directions hereunder shall be held material unless it be
clearly shown that the party objecting was materially injured thereby.
(Code 1979, § 15.5-145; Ord. No. 027-2003, § 2.11)

Sec. 15.5-146. Correction of errors and omissions.
       (a)     No act of error or omission on the part of the property appraiser, tax collector,
county administrator, board, or their deputies or employees, shall operate to release or discharge
any obligation for payment of an annual wastewater assessment imposed by the board under the
provision of this article.
       (b)    When it shall appear that any annual wastewater assessment should have been
imposed under this article against a parcel of property specially benefited by the provision of
wastewater services, facilities, or programs, but that such property was omitted from the
assessment roll; or such property was erroneously assessed; or was not listed on the tax roll as an
individual parcel of property as of the effective date of the assessment roll approved by the annual
rate resolution for any upcoming fiscal year, the board may, upon provision of a notice by mail
provided to the owner of the omitted or erroneously assessed parcel in the manner and form
provided in the Uniform Assessment Collection Act, impose the applicable annual wastewater
assessment for the fiscal year in which such error or omission is discovered, in addition to the
applicable annual wastewater assessment due for the prior two (2) fiscal years. Such annual
wastewater assessment shall constitute a lien against assessed property equal in rank and dignity
with the liens of all state, county, district, or municipal taxes and special assessments, and
superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or
against the real property involved, shall be collected as provided in division 3 hereof, and shall be
deemed perfected on the date of adoption of the resolution imposing the omitted, delinquent, or
corrected assessments.
       (c)    Prior to the delivery of the assessment roll to the tax collector in accordance with the
Uniform Assessment Collection Act, the county administrator shall have the authority at any time,
upon his or her own initiative or in response to a timely filed petition from the owner of any
property subject to an annual wastewater assessment, to reclassify property based upon
presentation of competent and substantial evidence, and correct any error in applying the annual
wastewater assessment apportionment method to any particular parcel of property not otherwise
requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such
correction shall be considered valid ab initio and shall in no way affect the enforcement of the
annual wastewater assessment imposed under the provisions of this article. All requests from
affected property owners for any such changes, modifications or corrections shall be referred to,
and processed by, the county administrator and not the property appraiser or tax collector.
       (d)    After the assessment roll has been delivered to the tax collector in accordance with
the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be
made in accordance with the procedures applicable to correcting errors and insolvencies on the tax
roll upon timely written request and direction of the county administrator.
(Code 1979, § 15.5-146; Ord. No. 027-2003, § 2.12)

      DIVISION 3. COLLECTION AND USE OF ANNUAL WASTEWATER ASSESSMENTS
Sec. 15.5-147. Method of collection.
        (a)   Unless otherwise directed by the board, the annual wastewater assessments shall be
collected pursuant to the uniform method provided in the Uniform Assessment Collection Act, and
the county shall comply with all applicable provisions of the Uniform Assessment Collection Act.
Any hearing or notice required by this article may be combined with any other hearing or notice
required by the Uniform Assessment Collection Act or other provision of law.
                                                                                             Page 30 of 35

        (b)     The amount of an annual wastewater assessment to be collected using the uniform
method pursuant to the Uniform Assessment Collection Act for any specific parcel of benefited
property may include an amount equivalent to the payment delinquency, delinquency fees and
recording costs for a prior year's assessment for a comparable service, facility, or program
provided: (1) the collection method used in connection with the prior year's assessment did not
employ the use of the uniform method of collection authorized by the Uniform Assessment
Collection Act, (2) notice is provided to the owner as required under the Uniform Assessment
Collection Act, and (3) any lien on the affected parcel for the prior year's assessment is supplanted
and transferred to such annual wastewater assessment upon certification of a non-ad valorem roll
to the tax collector by the county.
(Code 1979, § 15.5-147; Ord. No. 027-2003, § 3.01)

Sec. 15.5-148. Alternative method of collection.
    In lieu of using the Uniform Assessment Collection Act, the board may elect to collect the
annual wastewater assessments by any other method which is authorized by law or under the
alternative collection method provided by this section:
       (1)     The board shall provide annual wastewater assessment bills by first class mail to
               the owner of each affected parcel of property, other than government property. The
               bill or accompanying explanatory material shall include (a) a brief explanation of the
               annual wastewater assessment, (b) a description of the unit of measurement used to
               determine the amount of the annual wastewater assessment, (c) the number of units
               contained within the parcel, (d) the total amount of the annual wastewater
               assessment imposed against the parcel for the appropriate period, (e) the location at
               which payment will be accepted, (f) the date on which the annual wastewater
               assessment is due, and (g) a statement that the annual wastewater assessment
               constitutes a lien against assessed property equal in rank and dignity with the liens
               of all state, county, district or municipal taxes and other non-ad valorem
               assessments.
       (2)     A general notice of the lien resulting from imposition of the annual wastewater
               assessments shall be recorded in the official records of the county. Nothing herein
               shall be construed to require that individual liens or releases be filed in the official
               records.
       (3)     The board shall have the right to foreclose and collect all delinquent annual
               wastewater assessments in the manner provided by law for the foreclosure of
               mortgages on real property or appoint or retain an agent to institute such
               foreclosure and collection proceedings. An annual wastewater assessment shall
               become delinquent if it is not paid within thirty (30) days from the date any
               installment is due. The board or its agent shall notify any property owner who is
               delinquent in payment of his or her annual wastewater assessment within sixty (60)
               days from the date such assessment was due. Such notice shall state in effect that
               the board or its agent will either (a) initiate a foreclosure action or suit in equity and
               cause the foreclosure of such property subject to a delinquent annual wastewater
               assessment in a method now or hereafter provided by law for foreclosure of
               mortgages on real property, or (b) cause an amount equivalent to the delinquent
               annual wastewater assessment, not previously subject to collection using the
               uniform method under the Uniform Assessment Collection Act, to be collected on the
               tax bill for a subsequent year.
       (4)     All costs, fees and expenses, including reasonable attorney fees and title search
               expenses, related to any foreclosure action as described herein shall be included in
               any judgment or decree rendered therein. At the sale pursuant to decree in any such
                                                                                         Page 31 of 35

               action, the county may be the purchaser to the same extent as any person. The board
               or its agent may join in one foreclosure action the collection of annual wastewater
               assessments against any or all property assessed in accordance with the provisions
               hereof. All delinquent owners whose property is foreclosed shall be liable for an
               apportioned amount of reasonable costs and expenses incurred by the board and its
               agents, including reasonable attorney fees, in collection of such delinquent annual
               wastewater assessments and any other costs incurred by the board as a result of
               such delinquent annual wastewater assessments and the same shall be collectible as
               a part of or in addition to, the costs of the action.
       (5)     In lieu of foreclosure, any delinquent annual wastewater assessment and the costs,
               fees and expenses attributable thereto, may be collected pursuant to the Uniform
               Assessment Collection Act; provided however, that (a) notice is provided to the
               owner in the manner required by the Uniform Assessment Collection Act and this
               article, and (b) any existing lien of record on the affected parcel for the delinquent
               annual wastewater assessment is supplanted by the lien resulting from certification
               of the assessment roll, as applicable, to the tax collector.
       (6)     Notwithstanding the board's use of an alternative method of collection, the county
               administrator shall have the same power and authority to correct errors and
               omissions as provided to him or other county officials in section 15.5-146 hereof.
       (7)     Any board action required in the collection of annual wastewater assessments may
               be by resolution.
(Code 1979, § 15.5-148; Ord. No. 027-2003, § 3.02)

Sec. 15.5-149. Government property.
        (a)   In the event annual wastewater assessments are imposed against government
property, the board shall provide annual wastewater assessment bills by first class mail to the
owner of each affected parcel of government property. The bill or accompanying explanatory
material shall include (1) a brief explanation of the annual wastewater assessment, (2) a
description of the unit of measurement used to determine the amount of the annual wastewater
assessment, (3) the number of units contained within the parcel, (4) the total amount of the
parcel's annual wastewater assessment for the appropriate period, (5) the location at which
payment will be accepted, and (6) the date on which the annual wastewater assessment is due.
       (b)    Annual wastewater assessments imposed against government property shall be due
on the same date as all other annual wastewater assessments and, if applicable, shall be subject to
the same discounts for early payment.
        (c)   An annual wastewater assessment shall become delinquent if it is not paid within
thirty (30) days from the date any installment is due. The board shall notify the owner of any
government property that is delinquent in payment of its annual wastewater assessment within
sixty (60) days from the date such assessment was due. Such notice shall state that the board will
initiate a mandamus or other appropriate judicial action to compel payment.
        (d)     All costs, fees and expenses, including reasonable attorney fees and title search
expenses, related to any mandamus or other action as described herein shall be included in any
judgment or decree rendered therein. All delinquent owners of government property against which
a mandamus or other appropriate action is filed shall be liable for an apportioned amount of
reasonable costs and expenses incurred by the county, including reasonable attorney fees, in
collection of such delinquent annual wastewater assessments and any other costs incurred by the
board as a result of such delinquent annual wastewater assessments and the same shall be
collectible as a part of or in addition to, the costs of the action.
                                                                                          Page 32 of 35

       (e)   As an alternative to the foregoing, an annual wastewater assessment imposed
against government property may be collected as a surcharge on a utility bill provided to such
government property in periodic installments with a remedy of a mandamus action in the event of
non-payment.
(Code 1979, § 15.5-149; Ord. No. 027-2003, § 3.03)

                                DIVISION 4. GENERAL PROVISIONS
Sec. 15.5-150. Applicability.
    This article and the board's authority to impose assessments pursuant hereto shall be
applicable throughout the unincorporated area of the county and throughout the incorporated area
of any municipality whose governing body has heretofore or hereafter requested and consented to
the provision of the wastewater services, facilities and programs by the county.
(Code 1979, § 15.5-150; Ord. No. 027-2003, § 4.01)

Sec. 15.5-151. Alternative method.
        (a)    This article shall be deemed to provide an additional and alternative method for the
doing of the things authorized hereby and shall be regarded as supplemental and additional to
powers conferred by other laws, and shall not be regarded as in derogation of any powers now
existing or which may hereafter come into existence. This article, being necessary for the welfare
of the inhabitants of the county, shall be liberally construed to effect the purposes hereof.
        (b)   Nothing herein shall preclude the board from directing and authorizing, by
resolution, the combination with each other of (1) any supplemental or additional notice deemed
proper, necessary, or convenient by the county, (2) any notice required by this article, or (3) any
notice required by law, including the Uniform Assessment Collection Act.
(Code 1979, § 15.5-151; Ord. No. 027-2003, § 4.02)

Sec. 15.5-152. Severability.18
    The provisions of this article are severable; and if any section, subsection, sentence, clause or
provision is held invalid by any court of competent jurisdiction, the remaining provisions of this
article shall not be affected thereby.
(Code 1979, § 15.5-152; Ord. No. 027-2003, § 4.03)

Sec. 15.5-153. Effective date.19
    The clerk shall file a certified copy of this article with the department of state within ten (10)
days of its adoption. This article shall take effect immediately upon its filing with the department
of state.
(Code 1979, § 15.5-153; Ord. No. 027-2003, § 4.04)

             ARTICLE X. STOCK ISLAND MUNICIPAL SERVICE TAXING UNIT


Sec. 15.5-161. Created.
       (a)     Pursuant to the provisions of F.S. § 125.01(1)(q), 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 all of Stock Island located south of the
centerline of US Highway No. 1 (State Road No. 5), and lying east of Cow Key Channel and west of

18
     Legal Analysis: 1979 Code § 15.5-152. Severability. Deleted as covered by chapter 1.
19
     Legal Analysis: 1979 Code § 15.5-153. Effective date. Deleted as obsolete.
                                                                                         Page 33 of 35

Boca Chica Channel.
        (b)   The Board is hereby authorized, in the manner and under the authority provided by
F.S. § 125.01(1)(q), 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 1, 2005. The imposition of ad valorem
taxes, as authorized herein, shall cease after four (4) consecutive fiscal years and the Stock Island
Municipal Service Taxing Unit shall terminate on September 30, 2010.
       (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 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 1, 2005
and each fiscal year thereafter, at the same time and in the same manner as the county budget.
(Code 1979, § 15.5-161; Ord. No. 038-2004, § 3; Ord. No. 010-2005, § 3)

        ARTICLE XI. CUDJOE/SUGARLOAF MUNICIPAL SERVICE TAXING UNIT


Sec. 15.5-171. Created.
       (a)    Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a Municipal
Service Taxing Unit to be known as the Cudjoe—Sugarloaf Municipal Service Taxing Unit. The
Cudjoe—Sugarloaf Municipal Service Taxing Unit shall encompass that portion of the
unincorporate15.5 area bounded on the west by Shark Key Channel and on the east by Kemp
Channel, less the area encompassed in the Bay Point MSTU as described in Ordinance 037-2002.
       (b)    The Board is hereby authorized, in the manner and under the authority provided by
F.S. § 125.01(1)(q) 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 Cudjoe—Sugarloaf 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
Cudjoe—Sugarloaf Municipal Service Taxing Unit shall terminate on September 30, 2010.
       (c)    Revenue derived from ad valorem taxes levied in the Cudjoe—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 Cudjoe—Sugarloaf Municipal Service Taxing Unit. The Board shall adopt a budget
for the Cudjoe—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.
(Code 1979, § 15.5-171; Ord. No. 038-2004, § 4; Ord. No. 010-2005, § 4)

               ARTICLE XII. BIG PINE MUNICIPAL SERVICE TAXING UNIT*


Sec. 15.5-181. Created.
       (a)   Pursuant to the provisions of F.S. § 125.01(1)(q), 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 Kemp Channel and on the east by the west end of the Seven Mile Bridge less No
Name Key.
       (b)     The board is hereby authorized, in the manner and under the authority provided by
                                                                                             Page 34 of 35

F.S. § 125.01(1)(q), 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, shall cease after four (4) 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 1, 2005 and each
fiscal year thereafter, at the same time and in the same manner as the county budget.
(Code 1979, § 15.5-181; Ord. No. 038-2004, § 5; Ord. No. 010-2005, § 5) ;oxh5; Secs. 15.15.5-182—15.15.5-
190.\Reserved.

             ARTICLE XIII. CONCH KEY MUNICIPAL SERVICE TAXING UNIT*
Sec. 15.5-191. Created.
      (a)    Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a
Municipal Service Taxing Unit to be known as the Conch Key Municipal Service Taxing Unit.
The Conch Key Municipal Service Taxing Unit shall encompass that portion of the unincorporated
area bounded on the west by Tom's Harbor Cut, and on the east by Long Key Channel.
        (b)   The board is hereby authorized, in the manner and under the authority provided by
F.S. § 125.01(1)(q), 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 Conch 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
Municipal Service Taxing Unit shall terminate on September 30, 2010.
       (c)     Revenue derived from ad valorem taxes levied in the Conch 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 Municipal Service Taxing Unit. The board shall adopt a budget for the
Conch 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.
(Code 1979, § 15.5-191; Ord. No. 038-2004, § 6; Ord. No. 010-2005, §6)

Sec. 15.5-191A. Duck Key Municipal Service Taxing Unit created.
       (a)    Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a Municipal
Service Taxing Unit to be known as the Duck Key Municipal Service Taxing Unit. The Duck Key
Municipal Service Taxing Unit shall encompass that portion of the unincorporated County
bounded on the north by U.S. Highway 1, on the west by Torn's Harbor Channel, on the South by
Hawk's Channel, and on the East by Tom's Harbor Cut; an area commonly known as "Duck Key,
including islands known as Center Island, Harbor Island, Plantation Island, and Yacht Club
Island, but excluding Indies Island and Parcel 1 of RE# 00378380.
       (b)    The board is hereby authorized, in the manner and under the authority provided by
F.S. §125.01(1)(q), , 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 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 (4) consecutive fiscal years and the Duck Key
Municipal Service Taxing Unit shall terminate on September 30, 2010.
                                                                                             Page 35 of 35

       (c)     Revenue derived from ad valorem taxes levied in the 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 Duck Key Municipal Service Taxing Unit. The board shall adopt a budget for the
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.
(Code 1979, § 15.5-191; Ord. No. 010-2005, § 6; Ord. No. 0115.5-2005, § 1; Ord. No. 030-2006, § 1) ;oxh5;
Secs. 15.15.5-192—15.15.5-200.\Reserved.

        ARTICLE XIV. LONG KEY/LAYTON MUNICIPAL SERVICE TAXING UNIT*


Sec. 15.5-201. Created.
        (a)   Pursuant to the provisions of F.S. § 125.01(1)(q), 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 north by the Gulf of Mexico (between Mile Markers 65
and 71), Monroe County, Florida, less and except all property within the corporate limits of the
City of Layton.
        (b)   The board is hereby authorized, in the manner and under the authority provided by
F.S. § 125.01(1)(q), 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 (4) 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.
(Code 1979, § 15.5-201; Ord. No. 038-2004, § 7)

								
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