Item K1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 16, 2005
Bulk Item: Yes -L No
Division: Growth Management
Department: NI A
Staff Contact Person: Timothy J. McGarry
AGENDA ITEM WORDING:
A Resolution to authorize the Growth Management Director to toll time limit requirements for
obtaining a building permit or required permit inspections for properties adversely impacted by the
Court ordered permanent injunction on the issuance of new flood insurance policies under the National
Flood Insurance Program pending resolution of same.
ITEM BACKGROUND:
On September 9,2005, the U.S. District Court for the Southern District of Florida entered a permanent
injunction preventing the issuance of flood insurance policies f()f new residential and commercial
development commenced afler September 9, 2005, until such time as the U.S. Fish and Wildlife
Service has demonstrated compliance with that Court's order of March 20, 2005. This injunction will
have an adverse impact on many property owners who have either received a ROGO allocation award
to build a new home or have already received a building pennit to construct a new residence, who will
be unable to obtain financing fl)r construction without flood insurance. The time limits in the County
Code for obtaining a building permit under a ROGO award or required inspections will result in the
expiration of the building permit and/or ROGO allocation award far these individuals within 60 days of
issuance unless tolled pending resolution of the injunction.
The attached resolution, which wa~ prepared by staff at the direction of the Board of County
Commissioners, gives authority to the Growth Management Division Director to toll the time limits on
the expiration of ROGO allocation awards and building penuits f(}r those properties affected by the
injunction, where the applicant or permit holder can provide written proof of the denial of either flood
insurance or financing due to the inability to obtain flood insurance.
PREVIOUS RELEVANT BOCC ACTION:
On October 19, 2005, the Board directed staff to prepare a resolution to authorize tolling the time
limits on ROGO allocation awards and building permits.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH_ Year
No
DOCUMENTATION:
Included X
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
RESOLUTION
-2005
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA AUTHORIZING THE GROWTH
MANAGEMENT DIVISION DIRECTOR TO TOLL
THE TIME LIMIT REQUIREMENTS FOR
OBTAINING A BUILDING PERMIT OR REQUIRED
PERMIT INSPECTIONS FOR PROPERTIES
ADVERSELY IMPACTED BY THE COURT
ORDERED PERMANENT INJUNCTION ON THE
ISSUANCE OF NEW FLOOD INSURANCE
POLICIES UNDER THE NATIONAL FLOOD
INSURANCE PROGRAM PENDING RESOLUTION
OF SAME, OR 180 DAYS, WHICHEVER FIRST
OCCURS.
WHEREAS, the U.S. District Court for the Southern District of Florida entered a
permanent injunction preventing the Federal Emergency Management Agency ("FEMA")
from issuing flood insurance policies for residential and commercial development
commenced after September 9, 2005, until such time as U.S. Fish and Wildlife Service
has demonstrated compliance with that Court's order of March 20,2005; and
'WHEREAS, the Court's Orders have imposed severe limitations on new
construction for all but the most wealthy property owners in the affected areas; and
WHEREAS, the Growth Management Division staff estimates that over 60
percent of the applicants recently receiving ROGO allocation awards arc adversely
affected by the injunction; and
WHEREAS, Section 9.5-122.1 (g), Monroe County Code dictates that the ROGO
allocation award and corresponding building permit expire within sixty (60) days of
notitication from the date of the mailing of the allocation award; and
WHEREAS, the Florida Building Code and Section 6-20, Monroe County Code
provides that permits shall become null and void unless work authOllzed by the pennit is
commenced within 180 days or required inspections are conducted within 180 days from
the last required inspection; and
WHEREAS, an unknown number of these applicants rccclvmg a ROGO
allocation award or permit holders may be financially unable to proceed with the
financing and construction of their homes without fcderally backed flood insurance; and
Page 1 of3
WHEREAS, it is uncertain how long the Court ordered injunction on issuance of
flood insurance under the National Flood Insurance Program will continue; however, it is
certain to have an adverse impact on those applicants who require this insurance to
construct new homes; and
WHEREAS, at the Board of County Commissioners' October 19, 2005, regularly
scheduled meeting, the Growth Management Division stat1 received conceptual approval
to prepare a resolution that will authorize the Growth Management Division to toll the
pem1it time limits for those applicants with ROGO allocation awards and other permit
holders who are unable to proceed with the financing and construction of their residential
projects; and
WHEREAS, the Growth Management Division staff has prepared this resolution
based on the direction provided by the Board of County Commissioners.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Growth Management Division Director or his designee is authorized
to toll the time limits of Section 9.5-122.I(g) and Section 6-20, Monroe County Code for
any applicant receiving a ROGO allocation award or building permit holder that meets
the toll owing criteria:
1) The property, which is the subject of the ROGO allocation award or
building pennit, is on the list of parcels subject to the Court ordered
injunction for new flood insurance; and
2) The holder of the ROGO allocation award or building permit shall provide
written proof to the Building Department of the denial of either an
application for flood insurance for the subject property or denial of
financing by a lender due to the inability to obtain flood insurance.
Section 2. The applicable ROGO allocation award or building permit that meets all
the criteria in Section 1 above may be tolled for a maximum of 180 days or until the
injunction is stayed or lifted, whichever comes first.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
Page 2 of 3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regularly scheduled meeting of said Board held on the 16th day of November,
2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner MUlTay Nelson
Commissioner George Nugent
Commissioner David Rice
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Oale:
Page 301'3
P-r~-_I.~;:tj)-/ l-:.\,-u~- i<j /)r'-Mr~
,ti:I/~/~
BOARD OF COUNTY COMMISSIONERS A/__A';(~~
AGENDA ITEM SUMMARY
Meeting Date: November 16. 2005
Bulk Item: Yes --L No
Division: Growth Management
Department: N/ A
Staff Contact Person: Timothy J. McGarry
AGENDA ITEM WORDING:
A Resolution to authorize the Growth Management Director to toll time limit requirements for
obtaining a building permit or required permit inspections for properties adversely impacted by the
Court ordered permanent injunction on the issuance of new flood insurance policies under the National
Flood Insurance Program pending resolution of same.
ITEM BACKGROUND:
On September 9, 2005, the U.S. District Court for the Southern District of Florida entered a permanent
injunction preventing the issuance of flood insurance policies for new residential and commercial
development commenced after September 9, 2005, until such time as the U.S. Fish and Wildlife
Service has demonstrated compliance with that Court's order of March 20, 2005. This injunction will
have an adverse impact on many property owners who have either received a ROGO allocation award
to build a new home or have already received a building permit to construct a new residence, who will
be unable to obtain financing for construction without flood insurance. The time limits in the County
Code for obtaining a building permit under a ROGO award or required inspections will result in the
expiration of the building permit and/or ROGO allocation award for these individuals within 60 days of
issuance unless tolled pending resolution of the injunction.
The attached resolution, which was prepared by staff at the direction of the Board of County
Commissioners, gives authority to the Growth Management Division Director to toll the time limits on
the expiration of ROGO allocation awards and building permits for those properties affected by the
injunction, where the applicant or permit holder can provide written proof of the denial of either flood
insurance or financing due to the inability to obtain flood insurance.
PREVIOUS RELEVANT BOCC ACTION:
On October 19, 2005, the Board directed staff to prepare a resolution to authorize tolling the time
limits on ROGO allocation awards and building permits.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: N/ A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNTPERMONTH_ Year
No
DOCUMENTATION:
Included X
APPROVED BY: County Atty---X-
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM # 1< -I
RESOLUTION -2005
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA AUTHORIZING THE GROWTH
MANAGEMENT DIVISION DIRECTOR TO TOLL
THE TIME LIMIT REQUIREMENTS FOR
OBT AINING A BUILDING PERMIT OR REQUIRED
PERMIT INSPECTIONS FOR PROPERTIES
ADVERSEL Y IMPACTED BY THE COURT
ORDERED PERMANENT INJUNCTION ON THE
ISSUANCE OF NEW FLOOD INSURANCE
POLICIES UNDER THE NATIONAL FLOOD
INSURANCE PROGRAM PENDING RESOLUTION
OF SAME, OR 180 DAYS, WHICHEVER FIRST
OCCURS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
DIRECTING THE PLANNING DIRECTOR TO
FORWARD A CERTIFIED COPY OF THIS
RESOLUTION TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the u.s. District Court for the Southern District of Florida entered a
permanent injunction preventing the Federal Emergency Management Agency ("FEMA")
from issuing flood insurance policies for residential and commercial development
commenced after September 9, 2005, until such time as U.S. Fish and Wildlife Service
has demonstrated compliance with that Court's order of March 20,2005; and
WHEREAS, the Court's Orders have imposed severe limitations on new
construction for all but the most wealthy property owners in the affected areas; and
WHEREAS, the Growth Management Division staff estimates that over 60
percent of the applicants recently receiving ROGO allocation awards are adversely
affected by the injunction; and
WHEREAS, Section 9.5-122.I(g), Monroe County Code dictates that the ROGO
allocation award and corresponding building permit expire within sixty (60) days of
notification from the date of the mailing of the allocation award; and
WHEREAS, the Florida Building Code and Section 6-20, Monroe County Code
provides that permits shall become null and void unless work authorized by the permit is
Page 1 of3
commenced within 180 days or required inspections are conducted within 180 days from
the last required inspection; and
WHEREAS, an unknown number of these applicants recelvmg a ROGO
allocation award or permit holders may be financially unable to proceed with the
financing and construction of their homes without federally backed flood insurance; and
WHEREAS, it is uncertain how long the Court ordered injunction on issuance of
flood insurance under the National Flood Insurance Program will continue; however, it is
certain to have an adverse impact on those applicants who require this insurance to
construct new homes; and
WHEREAS, at the Board of County Commissioners' October 19, 2005, regularly
scheduled meeting, the Growth Management Division staff received conceptual approval
to prepare a resolution that will authorize the Growth Management Division to toll the
permit time limits for those applicants with ROGO allocation awards and other permit
holders who are unable to proceed with the financing and construction of their residential
projects; and
WHEREAS, the Growth Management Division staff has prepared this resolution
based on the direction provided by the Board of County Commissioners.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Growth Management Division Director or his designee is authorized
to toll the time limits of Section 9.5-l22.l(g) and Section 6-20, Monroe County Code for
any applicant receiving a ROGO allocation award or building permit holder that meets
the following criteria:
1) The property, which is the subject of the ROGO allocation award or
building permit, is on the list of parcels subject to the Court ordered
injunction for new flood insurance; and
2) The holder of the ROGO allocation award or building permit shall provide
written proof to the Building Department of the denial of either an
application for flood insurance for the subject property or denial. of
financing by a lender due to the inability to obtain flood insurance.
Section 2. The applicable ROGO allocation award or building permit that meets all
the criteria in Section 1 above may be tolled for a maximum of 180 days or until the
injunction is stayed or lifted, whichever comes first.
Section 3. If any section, subsection, sentence, clause or provision of this resolution
is held invalid, the remainder of this resolution shall not be affected by such invalidity.
Page 2 of3
Section 4. All ordinances or parts of ordinances in conflict with this resolution are
hereby repealed to the extent of said conflict.
Section S. This resolution does not affect prosecutions for ordinance violations
committed prior to the effective date of this ordinance; does not waive any fee or penalty
due or unpaid on the effective date of this resolution; and does not affect the validity of
any bond or cash deposited posted, filed, or deposited pursuant to the requirements of any
ordinance.
Section 6. This resolution shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with Chapter 380 of the Florida Statutes.
Section 7. This resolution shall be filed in the Office of the Secretary of State of the
state of Florida, but shall not become effective until approved by the Department of
Community Affairs or Administrative Commission.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regularly scheduled meeting of said Board held on the 16th day of November,
2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Nugent
Commissioner David Rice
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
MONROE COUNTY ATTORNEY
~~~91:-FORM:
JOHN R. COLLINS
. CfUN~1 ATTpRNEY
Dale l \ \ 5 ()..,
Page 3 00