ORDINANCE NO. 2000-35  

AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING A COUNTY-WIDE MUNICIPAL SERVICE TAXING UNIT FOR THE PROVISION OF AMBULANCE AND EMERGENCY MEDICAL SERVICES, PURSUANT TO SECTIONS 125.01(1)(q) & (r), CHAPTER 125, FLORIDA STATUTES, AND CHAPTER 200, FLORIDA STATUTES; MAKING FINDINGS; DECLARING EMERGENCY; PROVIDING FOR A TITLE, THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR AMBULANCE AND EMERGENCY MEDICAL SERVICES"; PROVIDING THAT THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR AMBULANCE AND EMERGENCY MEDICAL SERVICES" APPLIES TO ALL THE UNINCORPORATED AND INCORPORATED AREAS OF LAKE COUNTY; PROVIDING THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS IS THE GOVERNING BODY OF THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR AMBULANCE AND EMERGENCY MEDICAL SERVICES" PURSUANT TO SECTION 125.01(2), FLORIDA STATUTES; AUTHORIZING THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS TO LEVY AND COLLECT UP TO 1 MILL OF AD VALOREM TAX TO PROVIDE AMBULANCE AND EMERGENCY MEDICAL SERVICES WITHIN THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR AMBULANCE AND EMERGENCY MEDICAL SERVICES" PURSUANT TO CHAPTERS 125, 197 AND 200, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Chapter 125, Florida Statutes, Section 125.01, grants the Lake County Board of County Commissioners ("Board") all powers necessary to carry on Lake County ("County") government; and,

WHEREAS, Chapter 125, Florida Statutes, Section 125.66(3), authorizes the Board at any regular or special meeting to enact any ordinance with a waiver of the notice requirements of Section 125.66(2), Florida Statutes, by four-fifths ( 4/5 ) vote of the Board membership upon finding an emergency exists and immediate enactment of said ordinance is necessary; and,

WHEREAS, County's contract with its current ambulance service provider expires September 30, 2000, and although the provider originally agreed to extend its services for an additional sixty (60) days it ultimately decided against such an extension; and,

WHEREAS, the County had obtained a bid from another private entity to provide ambulance services, however, the bidder unexpectedly withdrew its bid; and,

WHEREAS, the County is now considering entering into an interlocal agreement with Sumter County whereby the two (2) counties would establish and provide funding to a non-profit corporation for the provision of ambulance and emergency medical services; and,

WHEREAS, the County only has until September 30, 2000 to establish a funding mechanism to provide ambulance and emergency medical services to its citizens and visitors; and,

WHEREAS, the Board has determined that the best mechanism to secure such necessary funds by the September deadline is to create a countywide municipal service taxing unit authorizing the County to levy ad valorem taxes therein for the provision of ambulance and emergency medical services; and,

WHEREAS, Section 200.066, Florida Statutes, provides that municipal service taxing units shall be created prior to July 1 if millage is to be imposed in the ensuing county budget; and,

WHEREAS, County desires to impose up to 1 mill of ad valorem tax in the ensuing County budget; and,

WHEREAS, the circumstances described above establish that time is of the essence and, thus, the Board declares that an emergency exists and desires to enact this emergency ordinance creating a countywide municipal service taxing unit for the provision of ambulance and emergency medical services; and,

WHEREAS, the Board finds the creation of a countywide municipal service taxing unit for the provision of ambulance and emergency medical services is necessary to protect the health, safety and welfare of the citizens and visitors of Lake County and that immediate enactment of this ordinance is necessary; and,

WHEREAS, County is authorized by Section 125.01(1)(q), Florida Statutes, to establish, and subsequently merge or abolish, municipal service taxing and benefit units for any part or all of the unincorporated area of the County, for the provision of essential facilities and municipal services from funds derived within the municipal service taxing or benefit unit; and,

WHEREAS, the County may, pursuant to Section 125.01(1)(q) and (r), Florida Statutes, levy, without a referendum, and collect ad valorem taxes within a municipal service taxing unit for those municipal services provided within the municipal service taxing unit; and,

WHEREAS, Chapter 125.01, Florida Statutes, Section 125.01(1)(q), provides that the Board may enact an ordinance creating a municipal service taxing unit which may also include a municipality or part of a municipality; and,

WHEREAS, Chapter 125, Florida Statutes, Section 125.01(1)(q), provides that a municipality may be included, in part or in whole, within a county municipal service taxing unit if such inclusion is approved by ordinance of the municipality given either annually or for a term of years; and,

WHEREAS, it is the intent of this Ordinance to include within the boundaries of the "Lake County Municipal Service Taxing Unit for Ambulance and Emergency Medical Services" the following cities and/or towns upon the appropriate municipal ordinance(s) approving inclusion therein: Town of Astatula, City of Clermont, City of Eustis, City of Fruitland Park, City of Groveland, Town of Howey-in-the-Hills, Town of Lady Lake, City of Leesburg, City of Mascotte, City of Minneola, Town of Montverde, City of Mount Dora, City of Tavares, and the City of Umatilla; and,

WHEREAS, Section 125.01(2), Florida Statutes, provides that the Lake County Board of County Commissioners shall be the governing body of any municipal service taxing unit created pursuant to subsection 125.01(1)(q), Florida Statutes; and,

WHEREAS, The Board has determined the establishment of a municipal service taxing unit for all the unincorporated and incorporated areas of Lake County and the levy and collection of ad valorem taxes to provide ambulance and emergency medical services within the taxing unit is in the best interest of and serves the health, safety and general welfare of the residents of Lake County.

NOW THEREFORE, be it ordained by the Board of County Commissioners of Lake County, Florida: