Item K1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17,2014 Division: Growth Management
Bulk Item: Yes X No Department: Planning and Environmental Services
Staff Contact Person/Phone #: Christine Hurley 289-2517
AGENDA ITEM WORDING: Documentation of research conducted based on a BOCC request of
County staff to review the practices of other jurisdictions regarding development applications
submitted by non-owners of the affected property.
ITEM BACKGROUND: On June 19, 2013, the BOCC reviewed a County Attorney agenda item for
the twelfth amended settlement agreement regarding the proposed CVS on Stock Island. During the
discussion, Commissioner Kolhage questioned staff about non-property owners submitting
development applications for the subject property. The BOCC then approved a motion to direct
Growth Management staff to survey the practices of other jurisdictions.
Community -owners to apply
Allow non Other Application r'equiremeh,tg
Miami-Dade County_ y Owners Consent Fortn
Broward County y Requires Owner's Signature
Palm Beach County y Disclosure of Ownership Interests
Collier County y Name of Contract Purchaser
Lee County y Requires Signature of Owner
Orange County y Name of Contract Purchaser
Pinellas County y Contract for Sale Disclosure
Citrus County y Requires Signature of Owner& Requires
Written Owner Authorization
Escambia County y Requires Affidavit of Ownership
Duval/Jacksonville y Requires Affidavit of Ownership
City of South Da na y Requires owner's signature on Tenant Affidavit
City of Melbourne y Requires Owncr's Signature
Brevard County y Requires Signature of Property
Owner/Authorized Representative
Lake County y Requires Signature of Owner or Authorize(]
Representative
The research reveals that it is common practice for other jurisdictions to allow non-property owners to
submit development applications, provided that the owner gives their consent/approval. The owner is
often a signatory to the application or has completed a notarized ownership disclosure. Soma
jurisdictions, such as Collier County and Pinellas County, require the name of the contract purchaser to
be included as part of the application.
The County Attorney also reviewed whether the County can legally restrict applicants to only the
property owner. The legal staff concludes that the County cannot restrict applicants to only property
owners as non-property owners can validly obtain a valid property interest in land without being the
deeded property owner.
Similar to these other jurisdictions, the County has adopted Section 10 1-6 of the Land Development
Code which requires the submittal of an ownership disclosure as part of the application (see
attachment). Disclosure provisions are required for future land use map amendments, land use district
(zoning) map amendments, overlay map amendments, developments of regional impact, development
agreements, plat approvals, major conditional use pen-nits and minor conditional use permits.
PREVIOUS RELEVANT BOCC ACTION:
June 19, 2013, BOCC motion to direct staff to review the application practices of other jurisdictions.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: No Action Required
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty� OMB/Purchasing— Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM#_
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 002 -2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY CODE TO ESTABLISH SECTION 101-6, OWNERSHIP
DISCLOSURES, CREATING A REGULATION PROVIDING THE
MINIMUM REQUIREMENTS FOR DISCLOSING OWNERSHIP
OF PROPERTY AS IT RELATES TO APPLICATIONS UNDER
THE LAND DEVELOPMENT CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR. TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, currently, there is not a regulation in the Land Development Code that addresses
ownership disclosures. The purpose of this new section is to provide the minimum requirements
for disclosing ownership of property as it relates to applications under the Land Development
Cade. The intent is to disclose the identity of true parties in interest to the public, thereby
enabling the public to ascertain which parties will potentially benefit from the land use-related
applications; and
WHEREAS,during a regularly scheduled meeting held on August 28,2012, the Monroe County
Development Review Committee reviewed the ordinance and recommended approval to the
Board of County Commissioners; and
"WHEREAS, during a regularly scheduled public hearing held on. November 14, 2012, the
Monroe County Planning Commission reviewed the ordinance and recommended approval to the
Board of County Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
C
Section I.The Monroe County Code shall be amended as follows:
f
Sec. 101-6. Ownership Disclosures.
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Page 1 of 3
(a) Purpose. The purpose of this section is to provide the minimum requirements for
disclosing ownership of property as it relates to certain applications required by this Land
Development Code.
(b) Intent. The intent is to disclose the identity of true parties in interest to the public,thereby
enabling the public to ascertain which parties will potentially benefit from land use-
related applications.
(e) Applicability.
(1) Disclosure provisions are required for future land use map amendments, land use
district (zoning) map amendments, overlay map amendments, developments of
regional impact, development agreements, plat approvals, major conditional use
permits and minor conditional use permits.
(2) Any person or entity holding real property in the form of a partnership, limited
partnership, corporation, assignment of interest, trust, option, assignment of
beneficial or contractual interest, or any form of representative capacity
whatsoever for others, except as otherwise provided in this section, shall, during
application submittal for the types of applications provided in subsection (1),
make a public disclosure, in writing, under oath, and subject to the penalties
prescribed for perjury. In the case of a trust, the four largest beneficiaries must
also sign the affidavit.
(3) This written disclosure shall be made to the planning director at the time of
application. The disclosure information shall include the name and address of
every person having a beneficial or contractual interest in the real property,
however small or minimal.All evidence submitted shall be subject to the planning
director's satisfaction, and said satisfaction shall be liberally interpreted in favor
of the county's interest.
(4) The planning and environmental resources department's applications shall notice
applicants to make disclosures required under this section. When a required
disclosure is not provided, the application may be found incomplete by the
planning director.
(5) Exemptions to the requirements of this section include the beneficial interest
which is represented by stock in corporations registered with the federal securities
exchange commission or in corporations registered pursuant to Chapter 517,
Florida Statutes,whose stock is for sale to the general public.
Section 2. Severability.
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.
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Section 3.Conflictina 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. Fillue.
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.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any applicable 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 16thday of Januar )2013.
Mayor George Neugent Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner Danny Kolhage Yes
Commissioner Sylvia Murphy Yes
Commissioner David Rice Yes
BOARD OF COUNTY COMMISSIONERS OF
MONRO COUNTY,FLORIDA
B : �)4-44,j I-.
Y--
Mayor George Neugent
C
Attest* Amy Heavilin, Clerk
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lIECOUNTYAIT01111Y, 1.......... OVED AS TO FORM M
Deputy Clerk Date.,
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