Item X4M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
November 14, 2017
Agenda Item Number: X.4
Agenda Item Summary #3585
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305) 292 -4444
N/A
AGENDA ITEM WORDING: Approval to seek a legislative statutory change to enable the Land
Authority to use funds toward the construction of affordable housing in Monroe County, which are
currently limited to the purchase of land for affordable housing.
ITEM BACKGROUND:
The County's housing recovery taskforce has recommended a statutory language change that would
allow the County to use tourist impact funds in a manner already authorized for the City of Key West
for the construction, redevelopment or preservation of affordable housing
Florida law (F.S. 380.0666) currently allows proceeds from the 1 cent Tourist Impact Tax (F.S.
125.0108) to be used within the Key West Area of Critical State Concern for construction,
redevelopment, or preservation of affordable housing but does not contain similar language
authorizing use of the Tourist Impact Tax proceeds on similar projects in the rest of the County,
which is part of the Florida Keys Area of Critical State Concern.
The proposed legislation is intended to enable the County Commission use of Tourist Impact Tax
proceeds that go to the Land Authority on projects in the part of the County outside of the City of
Key West. It is not intended to affect the ability of the City of Key West to use Tourist Impact Tax
proceeds raised within Key West.
Attached is a simple proposed modification (underlined) that would accomplish this. There would be
no fiscal increase /impact if this change was adopted.
PREVIOUS RELEVANT BOCC ACTION: Approval of the 2018 Legislative agenda in Oct 2017.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Land Authority draft bill with statutory change to allow AFH construction
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
None
REVIEWED BY:
Bob Shillinger
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
11/06/2017 2:51 PM
Completed
11/06/2017 3:06 PM
Completed
11/06/2017 3:10 PM
Completed
11/06/2017 3:28 PM
Pending
11/14/2017 9:00 AM
1 This draft is intended to authorize the Land Authority to buy land for affordable housing. In Key
2 West (and only in Key West), Land Authority money can also be used for
3 construction /redevelopment/preservation of affordable housing. This change will allow these
4 funds to be used in unincorporated Monroe County and would help the county address the
5 replacement of some of the housing lost due to Hurricane Irma.
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7 Section XX. Subsection (3) of section 380.066,'` Florida
8 Statutes, is amended to read:
9 380.0666 Powers of land authority. —The land authority shall
10 have all the powers necessary or convenient to carry out and
11 effectuate the purposes and provisions of this act, including
12 the following powers, which are in addition to all other powers
13 granted by other provisions of this act:
14 (3) To acquire and dispose of real and personal property or
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4%
any interest therein when such acct
appropriate to protect the natural
access or public recreational faci
habitat areas, p
income does not exceed
for the area, prevent
resultina from limitat
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uisition is necessary or
environment, provide public
lities, preserve wildlife
housing to families whose
60 percent of the median family income
satisfy private property rights claims
ns imposed by the designation of an area
of critical state concern, or provide access to management of
acquired lands; to acquire interests in land by means of land
exchanges to contribute tourist impact tax revenues received
pursuant to s. 125.0108 to the County in which it is located and
its most populous municipality or the housing authority of such
municipality, at the request of the County Commission or
commission or council of such municipality, for the
construction, redevelopment, or preservation of affordable
housing in an area of critical state concern within such
municipality or any other area of the County to contribute
funds to the Department of Environmental Protection for the
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33 purchase of lands by the department; and to enter into all
34 alternatives to the acquisition of fee interests in land,
35 including, but not limited to, the acquisition of easements,
36 development rights, life estates, leases, and leaseback
37 arrangements. However, the land authority shall make an
38 acquisition or contribution only if:
39 (a) Such acquisition or contribution is consistent with
40 land development regulations and local comprehensive plans
41 adopted and approved pursuant to this chapter;
42 (b) The property acquired is within an area designated as
43 an area of critical state concern at the time of acquisition or
44 is within an area that was designated as an area of critical
45 state concern for at least 20 consecutive years prior to removal
46 of the designation;
47 (c) The property to be acquired has not been selected for
48 purchase through another local, regional, state, or federal
49 public land acquisition program. Such restriction shall not
50 apply if the land authority cooperates with the other public
51 land acquisition programs which listed the lands for
52 acquisition, to coordinate the acquisition and disposition of
53 such lands. In such cases, the land authority may enter into
54 contractual or other agreements to acquire lands jointly or for
55 eventual resale to other public land acquisition programs; and
56 (d) The acquisition or contribution is not used to improve
57 public transportation facilities or otherwise increase road
58 capacity to reduce hurricane evacuation clearance times.
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