Ordinance 025-2011 •
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 025- 2011
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 138 -23, MORATORIUM ON
NEW TRANSIENT UNITS, TO REVISE THE DATE ON
WHICH THE MORATORIUM SHALL EXPIRE TO BE
CONSISTENT WITH POLICY 101.2.6 OF THE MONROE
COUNTY COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, language concerning the prohibition on new transient units exists in both
the Monroe County 2010 Comprehensive Plan and the Monroe County Code; and
WHEREAS, in 1996, a prohibition on new transient units was enacted by the Board of
County Commissioners with the adoption of the Monroe County Year 2010
Comprehensive Plan and Policy 101.2.6 therein. Policy 101.2.6 required the County to
adopt a land development regulation by January 4, 1996 prohibiting new transient
residential units until December 31, 2001 and also required the County to either extend
the prohibition until December 2006 or revise the Rate of Growth Ordinance (ROGO)
permit allocation system to allocate a percentage of residential growth to transient units;
and
WHEREAS, in order fulfill the requirement of Comprehensive Plan Policy 101.2.6 to
adopt a land development regulation prohibiting new transient units, in 1999, the Board
of County Commissioners adopted Ordinance #047 -1999, thus establishing Monroe
County Code Sec. 9.5- 120.5, which stated: New transient residential units, such as hotel
or motel rooms, or campground, recreational vehicle or travel trailer spaces, shall not be
eligible for residential ROGO allocations until January 1, 2002; and
WHEREAS, in 2002, Ordinance #001 -2002 amended Sec. 9.5 -120.5 to extend the
moratorium until December 31, 2006; and
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WHEREAS, in 2007, Ordinance #001 -2007 amended Sec. 9.5 -120.5 to extend the
moratorium until December 31, 2007 or until new Land Development Regulations are
adopted to permit new transient units; and
WHEREAS, in 2008, Ordinance #003 -2008 amended Sec. 9.5 -120.5 to extend the
moratorium until December 31, 2008 or until new Land Development Regulations are
adopted to permit new transient units; and
WHEREAS, in 2009, Sec. 9.5 -120.5 was renumbered to Sec. 138 -23; and
WHEREAS, in 2009, Ordinance #035 -2009 amended Policy 101.2.6 to extend the
prohibition's sunset date until July 31, 2010; and
WHEREAS, in 2010, Ordinance #023 -2010 amended Sec. 138 -23 to extend the
moratorium until December 31, 2011; and
WHEREAS, in 2010, the County transmitted to the Florida Department of Community
Affairs (DCA), now reorganized as the Florida Department of Economic Opportunity
(DEO), a proposed amendment to Policy 101.2.6 which stated: Monroe County shall
prohibit new transient residential units including hotel or motel rooms, campground
spaces, or spaces for parking a recreational vehicle or travel trailer until December 31,
2011. However, the DCA submitted an Objections, Recommendations, and Comments
Report that stated: The Department recommends the County consider extending the
moratorium date to be consistent with the due date for the County's EAR -based
amendments which would provide the County adequate time to research the issue [May 1,
2014]; and
WHEREAS, as last revised by Ordinance #023 -2010, Sec. 138 -23 provides a
moratorium expiration date of December 31, 2011; and
WHEREAS, the County is currently processing an amendment to the Comprehensive
Plan Policy 101.2.6 to meet DCA's request in the Objections, Recommendations, and
Comments Report. In accordance with HB 7207, the Monroe County Evaluation and
Appraisal Report (EAR) letter is due to be transmitted to the State by May 1, 2013.
EAR- based amendments are to be adopted one year after the submittal of the EAR letter,
which would be May 1, 2014; and
WHEREAS, Comprehensive Plan Policy 101.2.6 and Monroe County Code Sec. 138 -23
have never been amended at the same time to provide the same expiration date, and in
order to alleviate confusion and provide consistency, staff is concurrently amending both
Policy 101.2.6 and Sec. 138 -23 to provide the same new expiration date of May 1, 2014;
and
WHEREAS, during a regularly scheduled public hearing held on June 22, 2011, the
Planning Commission reviewed the ordinance and recommended approval to the Board
of County Commissioners;
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. . F
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 138 - 23 shall be amended as follows:
Sec. 138 Moratorium on new transient units.
New transient residential units, such as hotel or motel rooms, or campground,
recreational vehicle or travel trailer spaces, shall not be eligible for residential
ROGO allocations until May 1, 2014.
Section 2. Severabilit_y.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state, or County law, rule code or regulation, the
more restrictive shall apply.
Section 4. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required
by F.S. 380.05 (11) and F.S. 380.0552(9).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
not become effective until a notice is issued by the Florida State Land Planning Agency
or Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and
shall be appropriately renumbered to conform to the uniform marking system of the Code.
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Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above. This
ordinance applies to any permit, and or other development approval application submitted
after the effective date.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 14th day of December , 2011.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
x ^ '\ LINTY BOARD OF COUNTY COMMISSIONERS
R
t t,. DANIStY L. KOLHAGE, CLERK
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By By
Deputy Clerk Mayor Da Rice
�- A • � MON r e COIN r+ ATTORNEY
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MONROE COUNTY COURTHOUSE ct�\ BRANCH OFFICE:
500 WHITEHEAD STREET, SUITE 101 \ �6 000NT �CO11 PLANTATION KEY
KEY WEST, FLORIDA 33040 ° G P ) GOVERNMENT CENTER
TEL. (305) 294 -4641 7
s: ._ J'� 88820 OVERSEAS HIGHWAY
X1 1 PLANTATION KEY, FLORIDA 33070
FAx (305) 295 -3663 •1 s' I(I : e i
4 . TEL. (305) 852 -7145
BRANCH OFFICE: ` •Ik co FAX FAX (305) 852 -7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARAT FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305) 289 -6027 MONROE COUNT PLANTATION KEY, FLORIDA 33070
FAx (305) 289 -1745 www.clerk -of- the- court.com TEL (305) 852 -7145
FAX (305) 853 -7440
January 5, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 7631
Dear Ms. Cloud,
Enclosed please certified copies of the following Ordinances:
Ordinance No. 022 -2011 amending Chapter 6, Section 6 -27 and Chapter 8, Section 8 -37
of the Monroe County Code; Clarifying the definition of unsafe buildings, the definition of
physical criteria of unsafe buildings; Providing for notice to owners by the Building Official
when a building, structure or system is deemed unsafe and amending the four year bar to
prosecution to include an exemption for unsafe buildings, structures or systems; Providing for
severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinances; and Providing for transmittal and an
effective date.
Ordinance No. 023 -2011 to amend Goal 107 and Objective 107.1 of the Monroe County
2010 Comprehensive Plan, refining the definition and application of Sub Area designations
which limit the density and intensity allowed within a Future Land Use Map category.
Ordinance No. 024 -2011 to amend Policy 101.2.6 of the Monroe County 2010
Comprehensive Plan Future Land Use Element to extend the moratorium of new transient
residential units to be consistent with the deadline to transmit and adopt comprehensive plan
evaluation and appraisal based amendments.
Ordinance No. 025 -2011 to amend Section 138 -23 of the Monroe County Code: The
ordinance would extend the sunset date for the moratorium on new transient units from
December 31, 2011 to May 1, 2014.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, held in formal session, on December 14, 2011.
Please file for the record. Should you have any questions please feel free to contact me at
(305) 295 -3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: County Attorney letter only
Growth Management
File
U.S. Postal Service,.
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City, State, +4 Florida 32399 -0250
PS Form 3800, August 2006 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete Items 1, 2, and 3. Also compete A. Signature
item 4 if Restricted Delivery Is desired. x DEPT. OF STATE ❑ Agent
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or on the front If space permits.
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P rogram Administrator
Administrative Code and Weekly
pi A. Gray Bujjding
no South Bronough Street
1 . fl*hassee, Florida 32399 -0250 s s loeType
D Mail ❑ Express Mail
❑ Registered ❑ Retum Receipt for Merchanj►'t
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PS Form 3811, February 2004 Domestic Retum Receipt 102595-02 -M -1540
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S.
Governor BROWNING
Secretary of State
January 18, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated January 5, 2012 and certified copies of Monroe County Ordinance Nos. 022 -2011 through 025-
2011, which were filed in this office on January 11, 2012.
Sincerely,
c g aue
Liz Cloud
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-
0250
Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov
VIVA FORMA 500. Commemorating 500 years of Florida histor www.fla500 VIVA FLORIDA 500.
Page l of l
Pam Hancock
From: <ords @municode.com>
To: <phancock @ monroe- clerk.com >; <grimsley -susan @monroecounty - fl.gov>
Sent: Thursday, May 24, 2012 12:57 PM
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 7 Update 1
****THIS IS AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account. This material
is being considered for inclusion in your next/current update, Supplement 7 Update 1
Document Adopted Recorded Recorded
Date Format
Ordinance No. 003- 2/15/2012 4/24/2012 Word
2012
Ordinance No. 007- 4/18/2012 5/22/2012 Hard Copy
2012
Ordinance No 008- 4/18/2012 5/22/2012 Hard Copy
2012
Ordinance No. 009- 5/16/2012 5/24/2012 PDF
2012
Ordinance No 025- 12/14/2011 4/24/2012 Word
2011
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
5/24/2012
DEO Final Order No.: DEO -12 -022
Received
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY MAR 1 6 2012
In re: MONROE COUNTY LAND Finance Dept.
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 025 -2011
FINAL ORDER
The Department of Economic Opportunity (the "Department ") hereby issues its Final Order,
pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2010), approving a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and Monroe
County is a local government within the Florida Keys Area.
2. On January 23, 2012, the Department received for review Monroe County Ordinance No.
025 -2011 ( "Ord. 025-2011"), adopted by Monroe County on December 14, 2011.
3. The purpose of Ord. 025 -2011 is to amend Monroe County Code Section 138 -23,
Moratorium on New Transient Units to revise the date on which the moratorium shall expire to
May 1, 2014, to be consistent with Policy 101.2.6 of the Monroe County Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. § 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2010).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552, Fla. Stat. (2010) and Rule 28- 29.002 (superseding Chapter 27F -8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building, and other
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1
DEO Final Order No.: DEO -12 -0022
regulations controlling the development of land. § 380.031(8), Fla. Stat. (2010). The regulations
adopted by Ord. 025 -2011 are land development regulations.
7. All land development regulations enacted, amended, or rescinded within an area of critical
state concern must be consistent with the Principles for Guiding Development (the "Principles ")
as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of Community Affairs, 21
F.A.L.R. 1902 (Dec. 4, 1998), aff d, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are
construed as a whole and no specific provision is construed or applied in isolation from the other
provisions.
8. Ord. 025 -2011 is consistent with and furthers the following Principles:
(a) To strengthen a local government's capabilities for managing land use and
development so that the local government is able to achieve these objectives
without continuing the area of critical state concern designation.
(j) To make available adequate affordable housing for all sectors of the
population of the Florida Keys.
(1) To protect the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
9. Ord. 025 -2011 is consistent with the Principles for Guiding Development as
a whole.
10. Ord. 025 -2011 furthers the Monroe County Comprehensive Plan Objective 101.2; Policy
101.2.3; Policy 101.2.6; and Policy 101.2.13.
WHEREFORE, IT IS ORDERED that Ord. 025 -2011 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly
unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
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i
(
J. mas Beck, AICP
Di ctor, Division of Community Planning
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, Florida 32399 -4128
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION.
DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL
FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU
ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28 -106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS - EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING,
YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF ECONOMIC
OPPORTUNITY A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 107 EAST
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DEO Final Order No.: DEO -12 -0022
MADISON STREET, CALDWELL BUILDING MSC 160, TALLAHASSEE, FLORIDA
32399 -2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28- 106.104(2),
FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED,
THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-
106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED,
THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-
106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST
FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-
106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT
AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A
FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK
WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true andmor ec opies have been furnished to
the persons listed below by the method indicated this • of March, 2012.
Miriam Snipes, Agency Clerk
By U.S. Mail:
Honorable David Rice
Mayor of Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Christine Hurley
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
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r
DEO Final Order No.: DEO -12 -0022
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
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