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Item C2
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2013 Division: _Growth Management Bulk Item: Yes No X Staff Contact Person/Phone #: Christine Hurley 289-2517 AGENDA ITEM WORDING: Discussion and direction on policy and funding strategies to address the potential future build-out challenges facing the Florida Keys. ITEM BACKGROUND: On March 7, 2013, the Administration Commission (AC) found Monroe County made substantial progress toward Annual Work Program tasks of Rule 28-20.140, F.A.C. The AC also approved the results of the Department of Economic Opportunity (DEO) hurricane evacuation clearance time modeling results of 24 hours for the Florida Keys. Based on the results that the Florida Keys can maintain a 24 hour evacuation until 2023, the AC approved 10 more years of ROGO allocations for Monroe County and the municipalities through the year 2023. This approval provides additional 3,550 additional residential units (to the County& cities) over a 10 year period(2013-2023). The requirement in Florida Statute, Administration Commission Rule and Comprehensive Plan is that hurricane evacuation clearance be within 24 hours, so the current hurricane evacuation clearance time modeling suggests the Florida Keys may be approaching its build-out. Even with the newly approved allocation, the Florida Keys may continue to face mounting challenges to address the remaining vacant,privately owned parcels, if the AC does not allow additional permits beyond the year 2023. Currently, there are approximately 8,168 privately owned vacant parcels within unincorporated Monroe County. While the State will allow the County to award 1,970 allocations (197 ROGO's x 10 years), the County must consider the challenges it may face, if the State prohibits any more building permit allocations — as this may result in a balance of 6,198 privately held vacant parcels at risk of not being able to obtain permits in the future. At present, based on the historic rates of funding committed for the acquisition of conservation lands (approximately $900,000 per year), this estimated funding amount will unlikely be sufficient to meet the land acquisition needs of the County in the future. The following table demonstrates these challenges: Florida Keys Unincorporated (Incorporated& Monroe County Unincorporated) TOTAL—VACANT,PRIVATELY OWNED PARCELS 11,364 8,168 TOTAL APPROXIMATE LAND VALUE OF REMAINING VACANT, PRIVATELY-OWNED PARCELS $462,112,218 $ 248,314,487 (December 2012 MC Property Appraiser data) 10 YEARS' WORTH OF NEW ROGO ALLOCATIONS 3,550 1,970 THROUGH THE YEAR 2023 REMAINING VACANT, PRIVATELY-OWNED PARCELS I 7,814 I 6,198 Attached is a white paper developed by Monroe County staff (Growth Management, Legal, Budget, and Land Authority) discussing the potential build-out challenges facing the Florida Keys and 16 strategies (including future policy, program strategies and funding options) to consider to try to alleviate these challenges. Monroe County staff would like direction on which strategies to research further and provide more details to the BOCC in the future. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Staff is seeking direction on the proposed strategies: 1-2 (State and Federal Acquisition), 3-10 (Policy Strategies) and 11-16 (Funding Strategies). Please see attached matrix. TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM# Proposed Strategies (Monroe County staff would like direction on which policy strategies to tu incorporate into the EAR-based Comprehensive Plan amendment and which funding strategies to research further and provide more details to the BOCC in the future.) ADDITIONAL STATE & FEDERAL LAND ACQUISITION STRATEGIES 1. Request the State of Florida Division of State Lands to continue to aggressively acquire vacant, privately owned land as a State partner in the ACSC program. 2. Request the Federal Government to continue to aggressively acquire vacant, privately owned land. ADDITIONAL COUNTY POLICY STRATEGIES 3. Reduce the current yearly allocation rate of 197 units per year with a MC Comprehensive Plan amendment, thereby extending the timeframe of the recently awarded allocations (3,550 County wide including cities,with 1,970 units for unincorporated MC). This would provide additional time to implement other strategies, such as land acquisition. 4. Further lncentivize Lot Aggregation by encouraging additional aggregation by increasing points awarded in ROGO. Currently, 3 positive points are awarded for each vacant,legally platted lot which is aggregated in a designated Tier 11 or III area on BPK/NNK, and 4 positive points are awarded for each vacant,legally platted lot which is aggregated in a designated Tier III area in the Upper or Lower Keys (not BPK/NNK). These also require a legally binding restrictive covenant limiting the number of dwelling units on the aggregated lots. This policy could be revised to encourage the aggregation of additional lots from any Tier designation. 5. If no additional permits are authorized after 2023, allow the transfer of dwelling units(market rate, affordable and transient) so that property owners with more than one lawfully established unit can move the additional units to another location. The County could consider allowing transfers from: a) site to site within a subarea in MC (Upper to Upper,Lower to Lower, BPK/NNK to BPK/NNK); b)between ROGO sub-areas; (Upper to Lower or Lower to Upper; BPK/NNK to BPK/NNK,Lower or Upper; BPK/NNK to BPK/NNK and Lower); and/or c)between jurisdictions(MC and cities). 6. Re-designate and/or rezone land to commercial categories that do not allow residential use. The County could review existing mapping inconsistencies and consider re-designating certain lands,particularly along U.S.1,within a commercial category. Proposed Strategies (Monroe County staff would like direction on which strategies to research Z further and provide more details to the BOCC in the future.) Z x 7. Continue land acquisition programs to purchase additional undeveloped parcels and re-evaluate land acquisition priorities to balance growth management, habitat protection,retirement of development rights,reduction of density&intensity, future build-out of the Florida Keys, climate change, sea level rise, affordable housing, etc. 8. Seek federal legislation to prohibit subsidized flood insurance for new development on vacant land containing suitable/critical habitat for federally listed species within Monroe County. 9. Exercise the power of eminent domain and directly condemn parcels to avoid acquisition costs or payment of takings compensation. 10. Purchase the tax certificates and tax deeds on property with delinquent real estate taxes. Requires coordination with the Monroe County Property Appraiser's Office and the Monroe County Tax Collector. ADDITIONAL COUNTY LAND ACQUISITION FUNDING STRATEGIES 11. Increase the Tourist Impact Tax. 12. Dedicate 10% of current 1 cent Infrastructure Sales Surtax (§212.055(2)(f)3.,F.S.). 13. Increase Sales Tax. 14. Establish a Special Taxing Authority. 15. Explore a Toll On US 1. 16. Work with non-governmental organizations, such as the Trust for Public Lands and the Nature Conservancy, to supplement governmental acquisition efforts. MONROE COUNTY 'ar ; � THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERNS " BUILD-OUT CHALLENGES FACING THE FLORIDA KEYS Elie Potential-Trice ofTreserving Parse... The Florida Keys are designated as an Area of Critical State Concern(ACSC) by the State Legislature. A Rate of Growth Ordinance (ROGO) was implemented in order to provide for the safety of residents in the event of a hurricane evacuation and to protect the significant natural resources of Monroe County(MC), as required by the State of Florida. ROGO established a competitive permit allocation system whereby those applications with the highest scores are awarded building permits. The State of Florida allows issuance of 197 building permits per year for new residential development(Rule 28-20.140, F.A.C.),within unincorporated MC. In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity (DEO) completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation clearance. A Memorandum of Understanding (MOU) [see Exhibit 1] was entered into by and between DEO, the Florida Division of Emergency Management, MC and the municipalities to stipulate the input variables and assumptions for the hurricane model. Based upon the MOU and the resulting 24 hour evacuation clearance, DEO determined the remaining allocations for the Florida Keys (3,550 additional permits countywide). In March 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the recommendation to allocate 10 years' worth of growth (197 x 10 = 1,970 permits) to MC while maintaining an evacuation clearance time of 24 hours, through the year 2023. Table 1 demonstrates the challenges unincorporated MC may face, as there are 8,168 privately owned vacant parcels (minimum value of $248,314,487). With just 197 permits per year, it would take over 41 years' worth of annual allocations (at the current rate of 197) to absorb these parcels. This may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining pen-nits in the future (minimum value of$188,424,716). This deficit of building permit allocations could trigger takings suits against both the State and MC, if no additional permits are allowed beyond the year 2023. Table 1: Analysis of Vacant Parcels in Unincor orated Monroe County, Florida NUMBER OF FEARS TO THEORETICAL TIER VACANT PARCELS ALLOCATE MAXIMUM PERMITS DENSITY" No Tier(ORCA, etc.) 235 766 Tier I 3,979 4,806 Tier II 393 590 Tier ill-A 260 553 Tier ill 3,301 5,048 TOTAL 8,168* 41.5 11,763 TOTAL ALLOCATIONS 1,970 POTENTIAL LIABILITY 6,198* *Assumes one (1) unit per parcel and does not take into account additional density potential. **Theoretical density analysis is based on acreage multiplied by the maximum allocated residential density for each FLUMcategory. This data is provided for illustrative purposes only conditions specific to the individual parcel, including physical size, environmental sensitivity, zoning and tier designation and other regulatory constraints, such as ROGO are the final determinant of development potential. 1 II' ' L" r' 13 C11 8 2 0 1 ": in recognition of the possibility that the inventory of vacant parcels exceeds the permits MC can award, the BOCC has already adopted some strategies to help transition land into public ownership to reduce the potential takings claims, and address the future build out of the Florida Keys by incentivizing development that eliminates privately owned vacant parcels. These strategies include: ADOPTED COUNTY STRATEGIES • Incentivize Dedication of Land — the BOCC adopted an amendment to encourage additional land dedication by providing additional points in ROGO/NROGO. • Discouragement Policy—the BOCC adopted an amendment to discourage private applications for FLUM amendments that increase density and intensity, as required by Rule 28-20.140, F.A.C., unless mitigated by providing land(acreage or Improved Subdivision [IS]parcels)to MC. • Created Commercial FLUM category (no residential component) - the BOCC adopted an amendment to provide options to re-designate property for other nonresidential uses (Provides alternative uses of property). • Revised NROGO to make the process simpler and encourage nonresidential redevelopment and development. While these adopted strategies, if utilized, help off-set the costs for direct acquisition of land, the projected costs outlined in Table 2 (below) suggest that these efforts will not serve to completely close the gap between the number of vacant parcels that may seek a permit and the number of permits the County is currently authorized by the State to issue,based on ROGO. Current Land Acquisition Strategy At present,there are two recurring dedicated funding sources for purchasing land within the County. The first is through half of a 1 cent Tourist Impact tax (pursuant to § 125,0108, F.S.),which provides an annual revenue for the Florida Keys ACSC of approximately $1.2 million. This tax also generates approximately $1.6 million annually for the Key West ACSC. The second recurring revenue is provided through a State Park surcharge that generates approximately $400,000 annually. For the total revenue(on average $1.6 million)in the Florida Keys ACSC, the Land Authority has historically allocated 60% (approximately $900,000) to the acquisition of conservation land, with the remainder going towards purchase of parcels for affordable housing, or occasionally for active recreation areas. These funding sources alone will not be sufficient to meet the land acquisition needs of MC in the future. As demonstrated in Table 2, at current funding levels and with the State discontinuing its aggressive land acquisition in the Florida Keys, adding 3,550 allocations for dwelling units through the year 2023, it would take approximately 272 years to generate the funds equal to the tax assessed value and offer to purchase the remaining inventory of private, vacant parcels in the Florida Keys (unincorporated and incorporated). Note: The analysis in this paper is limited to tax assessed value of parcels and does not consider: the_future willingness of owners to sell; if the value assumed will be equal to the acquisition price; su.ficiency of funds; if the parcels have a marketable title; the suitability of public ownership of certain parcels; the feasibility and costs of managing parcels; etc. Table 2: Inventory of Vacant Parcels in Florida Keys and Approximate Land Value ESTIMATED YEARS TO APPROXIMATE FUNDING GENERATE NO. AVERAGE LAND VALUE Based on Historic THE FUNDS AREA VACANT PARCEL (December 2012 Rates For EQUAL TO PARCELS VALUE*** MC Property Acquisition of THE TAX Appraiser data) Conservation ASSESSED Lands VALUE Key West ACSC* 104 $355,045 $ 36,924,754 $ 270,000 137 Unincorporated MC 8,168 $ 30,400 $248,314,487 2764, Marathon 1,680 $ 49,845 $ 83,740,226 934, Layton 34 $ 51,080 $ 1,736,724 $ 900,000 2,D Key Colony Beach 109 $129,746 $ 14,142,347 164, Islamorada 1,269 $ 60,877 $ 77,253,680 864, TOTAL PARCELS 11,364 $40,664 46211221S TOTAL 3,550 3,550 County wide including cities,with 1,970 units for unincorporated MC ALLOCATIONS PARCELS TO PURCHASE 7,814 $40,664*** $317 748,496 $ 1,170,000 27 *x (COUNTYWIDE)** * The Monroe County Land Authority has historically allocated approximately 18% ($270,000/vr) of the Key West ACSC portion of tourist impact tax revenue to the purchase of conservation and recreation lands. The remainder ofKey WestACSC tourist impact tax revenue has been allocatedfor thepurchase of affordable housing sites. ** The total vacant parcels (11,364) less the 3,550 allocations available results in 7,814 parcels to purchase. At an average cost of$40,664 it will take MC 272 years to acquire these parcels utilizing$1.17M(900,000+270,000). *** This analysis assumes no growth in property value over time.Note property values could change exponentially. Land values for each jurisdiction are divided by the$900,000 estimated funding figure. The County staff recognizes the need for ADDITIONAL STRATEGIES aimed at reducing the total inventory of privately owned vacant land. To that end, MC staff is currently evaluating the potential for future policy and program strategies that could apply within the unincorporated and incorporated areas of the Florida Keys, including: ADDITIONAL STATE & FEDERAL LAND ACQUISITION STRATEGIES 1. Request the State of Florida Division of State Lands to continue to aggressively acquire vacant, privately owned land as a State partner in the ACSC program. The County should encourage the state government to target the acquisition of Tier I land within their acquisition boundaries. - 7,589 Tier I parcels within the State's Florida Forever Boundary are owned by public and nonprofit agencies. 3,351 Tier I parcels within the State's Florida Forever Boundary remain privately owned and vacant. The 3,351 Tier I privately owned vacant parcels have an approximate value of$14,731,730. 2. Request the Federal Government to continue to aggressively acquire vacant, privately owned land. The County should encourage the federal government to target the acquisition of lands containing suitable habitat for and known populations of federally-designated wildlife species(Endangered Species Act). - 12,147 parcels within the Federal Species Focus Area and Buffer Areas are owned by public and nonprofit agencies. 7,193 parcels within remain privately owned and vacant. The 7,193 privately owned vacant parcels have an approximate value of$240,088,014. Table 3: Past State of Florida Division of State Lands Acquisition Strategy in Monroe County State of Florida Total Total Land Acquisition Programs Years Number of Acres Total Cost Transactions Land Acquisition Trust Fund 1966- 1979 100 1623.42 $ 12,097,641 Conservation&Recreation Land(CARL) 1982 - 1993 143 3028.64 $ 74,669,999 Trust Fund Save Our Coast Trust Fund 1983 - 1993 4 39.03 $ 2,400,000 Preservation 2000 (P-2000)Trust Fund 1993 -2002 798 3689.1 $ 73,687,905 Florida Forever Trust Fund 2002 -2009 808 1192.45 $ 77,502,431 1853 9572.64 $ 240,357,976 Since 2009, funding has not been available for the Division of State Lands to continue its partnership with Monroe County and purchase additional conservation lands (see Exhibit 2-snaps of the current Monroe County lands owned by public and nonprofit agencies). ADDITIONAL COUNTY POLICY STRATEGIES 3. Reduce the current yearly allocation rate of 197 units per year with a MC Comprehensive Plan amendment, thereby extending the timeframe of the recently awarded allocations (3,550 County wide including cities, with 1,970 units for unincorporated MC). This would provide additional time to implement other strategies, such as land acquisition. 4. Further Incentivize Lot Aggregation by encouraging additional aggregation by increasing points awarded in ROGO. Currently, 3 positive points are awarded for each vacant, legally platted lot which is aggregated in a designated Tier II or III area on BPK/NNK, and 4 positive points are awarded for each vacant, legally platted lot which is aggregated in a designated Tier Ill area in the Upper or Lower Keys (not BPK/NNK). These also require a legally binding restrictive covenant limiting the number of dwelling units on the aggregated lots. This policy could be revised to encourage the aggregation of additional lots from any Tier designation. 5. if no additional permits are authorized after 2023, allow the transfer of dwelling units (market rate, affordable and transient) so that property owners with more than one lawfully established unit can move the additional units to another location. The County could consider allowing transfers from: a) site to site within a subarea in MC(Upper to Upper,Lower to Lower,BPK/NNK to BPK/NNK); b)between ROGO sub-areas; (Upper to Lower or Lower to Upper; BPK/NNK to BPK/NNK,Lower or Upper; BPK/NNK to BPK/NNK and Lower); and/or c)between jurisdictions (MC and cities). For example, a parcel owner with 2 or 3 lawfully established residential units may transfer 1 or 2 units to another vacant parcel,thereby reducing the need for a new ROGO allocation for those vacant parcels. 6. Re-designate and/or rezone land to commercial categories that do not allow residential use. The County could review existing mapping inconsistencies and consider re-designating certain lands, particularly along U.S.1,within a commercial category. 7. Continue land acquisition programs to purchase additional undeveloped parcels and re-evaluate land acquisition priorities to balance growth management, habitat protection, retirement of development rights, reduction of density & intensity, future build-out of the Florida Keys, climate change, sea level rise, affordable housing, etc. 8. Seek federal legislation to prohibit subsidized flood insurance for new development on vacant land containing suitable/critical habitat for federally listed species within Monroe County. 9. Exercise the power of eminent domain and directly condemn parcels to avoid acquisition costs or payment of takings compensation. 10. Purchase the tax certificates and tax deeds on property with delinquent real estate taxes. Requires coordination with the Monroe County Property Appraiser's Office and the Monroe County Tax Collector. 41 II' ' L" r;, I l3 8 2 0 1 ": ADDITIONAL COUNTY LAND ACQUISITION FUNDING STRATEGIES These strategies assume there are willing sellers. 11. Increase the 1 cent Tourist Impact Tax. Currently 50% of the 1 cent tax is dedicated to land acquisition within the areas from which it is derived and used by MC Land Authority to purchase land for conservation or affordable housing. This tax is collected on hotel rooms rentals and other transient accommodations. 12. Dedicate 10% of current 1 cent infrastructure sales surtax (§ 212.055(2)(f)3., F.S.). Currently the County may designate 10% of this tax for"other purposes,"which could be for land acquisition. 13. Increase sales tax. Currently at 7.5% and dedicate 100% of the revenue generated by the increase to land acquisition. This tax is collected on all qualifying sales at the time of purchase. 14. Establish a special taxing authority, a dedicated revenue stream and corresponding bond issue, by referendum for an ad-valorem tax to be dedicated to land acquisition. 15. Explore a toll on US 1 with a portion of the funds generated to be used to fund acquisition, restoration and maintenance of conservation lands (similar to Alligator Alley toll for Everglade's restoration). 16. Work with non-governmental organizations, such as the Trust for Public Lands and the Nature Conservancy,to supplement governmental acquisition efforts. Further Details on County Land Acquisition FUNDING Strategies (#11-15 Above) Increasing Tourist Impact Tax—(Strategy#11) Currently, the 1 cent Tourist Impact Tax yields approximately $5.6 million annually. This amount is split between the general fund($2.8M) and the County Land Authority ($2.8M). Of the $2.8M that goes to the Land Authority, $1.2M is for MC outside Key West(along with $400,000 from state park surcharges) equaling$1.6M for MC, excluding Key West, and$1.6M goes to Key West. Of the approximate total revenue($1.6M)in the Florida Keys ACSC: • MC Land Authority has historically allocated 60% (approximately $900,000) to the acquisition of conservation land, with the remainder going towards purchase of parcels for affordable housing, or occasionally for active recreation areas in areas outside Key West. Of the approximate total revenue ($1.6M)in Key West ACSC: • MC Land Authority has historically allocated 17% (approximately $270,000) to the acquisition of conservation land,with the remainder going toward affordable housing. If the County passed by referendum, after amending State legislation, an additional 0.5% to the Tourist Impact Tax and dedicated the full amount to land acquisition, this would yield an additional $2.8 million which could be split as follows: • The Florida Keys ACSC ($602,000 [43%] additional); and • Key West ACSC($798,000 [57%] additional) [NOTE: An additional amendment to the state legislation would be needed in order to allow the additional 0.5%to be spent within the entire County,rather than the area from which the tax is derived.] TOTAL additional funds available of$2.8M, in addition to the $1.17M (900,000+270,000 historically allocated for the acquisition of conservation lands), equals $3.9M. If this was accomplished, the Land Authority would be able to generate the funds equal to the tax assessed value for the remaining 7,814 parcels within 80 years (see Table 3). Note: The overall tourist tax revenues collected on a tourist unit currently consist of a total tax of 12.5%(7.5%sales tax and 5% tourist impact tax) and q this strategy is implemented with an increase of'0.5% to the tourist impact tax, the total tax would be 13%(7.5%sales tax and 5.5%tourist impact tax). 51II' ' l r;, I33 8 201 Table 3: Vacant Parcels and Years to Acquire with an Increase to Tourist Impact Tax YEARS TO APPROXIMATE ANNUAL GENERATE THE NO. AVERAGE LAND VALUE BUDGET FOR FUNDS EQUAL AREA VACANT PARCEL (December 2012 PARCELS VALUE MC Property LAND TO THE TAX Appraiser data) ACQUISITION ASSESSED VALUE PARCELS TO $40,664 PURCHASE 7,814 (anal,sis assumes no $317 748,496 $3,970,000 0* * growth in property value (COUNTYWIDE)* overtime) * The total vacantparcels (11,364) less the 3,550 allocations available results in 7,814parcels topurchase. At an average cost of$40,664 it will take MC 80 years to acquire these parcels utilizing $1.17M (900,000+270,000) + an additional $2.8M fi^om 0.5%additional tourist tax if passed by referendum, after State Legislature authorization to hold a referendum, for a total of$3.97M annually. Dedicating 10% of Current Infrastructure Sales Surtax (Strategy#12) One cent of sales tax produces the following revenue for the various entities: • $16,500,000—Unincorporated Monroe County(60%) • $ 1,700,000—Islamorada(6%) • $ 200,000—Key Colony Beach(0.72%) • $ 6,800,000—Key West(25%) • $ 50,000—Layton(0.18%) • $ 2,300,000—Marathon(8%) • $27,550,000—Entire county The BOCC can make a policy decision to allocate 10% of the amount of sales tax received for unincorporated Monroe County for land acquisition without a referendum or state authorization. This would result in an additional $1.65M annually toward this program. If this was accomplished, MC would be able to generate the funds equal to the tax assessed value for the remaining 7,814 parcels within 81 years(see Table 4). Table 4: Vacant Parcels and Years to Acquire with a Dedication of 10% of Infrastructure Sales Surtax YEARS TO APPROXIMATE ANNUAL GENERATE NO. AVERAGE LAND VALUE BUDGET FOR THE FUNDS AREA VACANT PARCEL (December 2012 PARCELS VALUE MC Property LAND EQUAL TO THE Appraiser data) ACQUISITION TAX ASSESSED VALUE PARCELS TO $40,664 !'� PURCHASE 7,814 (analysis assumes no $31'7,748,496 $3925,000 81* (COUNTYWIDE)* growth property value I over time MC PARCELS TO $30,400 PURCHASE 6,198 (analysis assumes no $ 188,419,200 $2550,000 74** (UNICORPORATED)*� growth e ialue I overr time) * The total vacantparcels (11,364) less the 3,550 allocations available result.(in 7,814 parcels to purchase. At an average cost of$40,664 it will take MC 81 years to acquire these parcels utilizing 1.1TV (900,000+2 70,000) + an additional $2.755M.from 10%of sales tax if authorized by Board of County Commissioners for a total of$3.925M. ** The total vacantparcels(8,168) less the 1,970 allocations available results in 6,198 parcels to purchase.At an average cost of$30,400 it will take MC 74 years to acquire these parcels utilizing $900,000 + an additional$1.65M from 10%of sales surtax if authorized by Board of County Commissioners for a total of$2.55M. Increasing Sales Tax (Strategy#13) One cent of sales tax produces the following revenue for the various entities: • $16,500,000—Unincorporated Monroe County(60%) • $ 1,700,000—Islamorada (6%) • $ 200,000—Key Colony Beach(0.72%) • $ 6,800,000—Key West(25%) • $ 50,000—Layton(0.18%) • $ 2,300,000—Marathon(8%) • $27,550,000—Entire county, If the County passed by referendum, after legislative authorization, adding an additional 1 cent sales tax, an additional $27,550,000 could be available County-wide toward this program. If this was accomplished, MC would be able to generate the funds equal to the tax assessed value for the remaining 7,814 parcels within 11 years (see Table 3). Table 5: Vacant Parcels and Years to Acquire with an Increase in the Sales Tax YEARS TO APPROXIMATE ANNUAL GENERATE NO. AVERAGE LAND VALUE THE FUNDS (December 2012 AREA VACANT PARCEL LAND BUDGET FOR EQ UAL TO PARCELS VALUE MC Property THE TAX Appraiser data) ACQUISITION ASSESSED VALUE PARCELS TO $40,664 PURCHASE 7,814 (analysis assumes no $317,748,496 $28,720,000 11* growth in property value (COUNTYWIDE)* overtime) MC PARCELS TO $30,400 -PURCHASE 6,198 (analysis assumes no $ 188,419,200 $ 17,400,000 11** growth(UNICORPQ TED)**' growth in property value over time) * The total vacantparcels (11,364) less the 3,550 allocations available results in 7,814parcels topurchase. At an average cost of$40,664 it will take MC 11 years to acquire these parcels utilizing $1.17M (900,000+270,000) + an additional $27.5M from additional 1 cent sales tax if authorized by Board of County Commissioners and State of Florida and passed by voters for a total of$28,720,000. ** The total vacant parcels(8,168) less the 1,970 allocations available results in 6,198 parcels to purchase. At an average cost of$30,400 it will take MC 11 years to acquire these parcels utilizing $900,000 + an additional$16.5M from 10%of sales tax if authorized by Board of County Commissioners for a total of'$]7.4M. Special Taxing Authority (Strategy#14) Establishing a County-wide Environmental Land Acquisition Ordinance contingent upon adopting an ad valorem tax designated specifically for the purchase and management of conservation lands would generate additional revenue for land acquisition. This option has had wide application in Florida, with 20+ Counties and 20+municipalities adopting an environmental lands program based on this model. Each community has adopted programs tailored to their specific needs and voter preferences. As can be seen in Table 6 below, some have established specific revenue caps, while others have established a time frame with no revenue cap. In addition, some of the Counties elected to bond the cap amount(Osceola, Lee and Volusia) and use the tax to pay for the bonds. Table 6: Summary of Ad Valorem Tax Initiatives COUNTY YEAR ADOPTED MILLAGE RATE TOTAL REVENUE TERM LAKE 2004 0.33 $ 36 MILLION (cap) 5 YRS (bond issue) LEE 1996 0.5 $400 MILLION ANNUAL RENEWAL MIAM1-DADE 1990 0.75 $ 90 MILLION 2 YRS OSCEOLA 2004 0.25 $ 60 MILLION(cap) 20 YRS (bond issue) VOLUSIA 2000 0.20 $ 40 MILLION(cap) 20 YRS (bond issue) Process for Establishing Countywide Taxing Authority by County Although the enabling legislation and implementation may vary, in general, the process followed by the majority of jurisdictions researched has been: 1) Formation of a grass-roots citizens group to highlight and support the issues, initiated by residents or by the County(for example: via contracting with an organization such as The Trust for Public Lands, etc.) 2) BOCC passes enabling legislation purchase program and proposed tax 3) Voter approval referendum for ad valorem tax for purchases or bond issue 4) BOCC adopts conservation land selection standards 5) BOCC approves funding for either or both a) A bond issue to borrow funds for purchase b) Establishing a Conservation Land Fund to purchase as revenue is collected Approximate Annual Revenue from Special Taxing Authority According to data from the Monroe County Property Appraiser (MCPA), the total taxable value for real property in the Florida Keys (unincorporated and incorporated) in 2012 was approximately $18,691,323,445, Using this value, the table below depicts approximate annual revenues associated with a range of millage rates and the time in years to acquire all privately owned vacant parcels, after ROGO allocation through the year 2023. Table 7: Summary of Potential Revenue Generation&Acquisition Timeframe ANNUAL REVENUES TOTAL TAXABLE VALUE (MCPA-2012) 0.75 MIL 0.50 MIL 0.25 MIL $ 18,691,323,445 $ 14,018,492 $ 9,345,661 $ 4,672,830 POTENTIAL LIABILITY AFTER YEARS TO GENERATE THE FUNDS EQUAL TO ALLOCATIONS THE TAX ASSESSED VALUE $317,748,496 23 34 68 Toll on US I (Strategy#15) Seek and support Federal and State legislation that would authorize the imposition of a toll on U.S. 1. This strategy would require a change to existing legislation that authorizes the expenditure of tolls paid for use of Alligator Alley for acquisition, restoration, and maintenance of conservation lands in the Everglades to include an authorization for land acquisition in the Keys. Alternatively, entirely new legislation could be sought. Prior discussions with state and federal officials exploring the possibility of imposing a toll on U.S. 1 as a means of raising money to fund wastewater have conclusively demonstrated that any such effort would require state and federal legislation. Summary of Additional County Land Acquisition Funding Strategies In summary, with the 3,550 ROGO allocations recently awarded by the State of Florida, it may take MC up to 272 years to generate the funds equal to the tax assessed value for the remaining 7,814 privately owned vacant parcels in the Florida Keys (Cities and County - Table 2, Page 3), based upon the average 2012 property values and the current funding levels. To continue to preserve the County's quality of life and reduce the potential takings claims against the State and the County, which would ultimately be paid by the taxpayers, the remaining vacant, privately owned parcels (7,814), at a total value of$317,748,496 (based on average 2012 parcel value) may need to be addressed by a combination of policy and funding strategies. Staff has outlined five (5) possible funding strategies (from the above list of strategies) that would create additional revenues to pursue land acquisition. Each one has pros and cons and requires extensive administrative achievements, including changing state law and/or approval by voter referenda. The following table highlights the various time periods it would take to generate revenue, based on today's dollars, given revenue estimates that could be achieved. Table 8: Summary of Potential Revenue Generation of Various Strategies &Acquisition Timeframe Annual Revenue Toward Land Based Upon Today's Dollars Strategy Acquisition Fears To Generate The (Countywide) Funds Equal To The Tax Assessed Value Historic Status Quo (50% of tourist impact tax and revenue from park entrances— $ 1,170,000 272 allocated at the historic rates for the (estimated based on historic rates) acquisition of conservation lands) Additional revenue Total revenue 11.Increase the Tourist Impact tax $ 2,800,000 $ 3,970,000 80 12.Dedicate 10% of current $ 2,755,000 $ 3,925,000 81 infrastructure sales tax 13.Increase sales tax $ 27,550,000 $28,720,000 11 14.Establish a taxing authority 0.75 MIL $ 14,018,492 $15,188,492 21 0.50 MIL $ 9,345,661 $10,515,661 30 0.25 MIL $ 4,672,830 $ 5,842,830 1 54 �1-5, Toll on US 1 TBD TBD TBD Note: i The analysis in this paper is limited to tax assessed value of par celr and does MI Q r l riot consider:the fixture willingness of ownerr to row � sell it the value assumed will he equal to the acquisition price; l l a� "I", '..� su�ciency off", f fundr;if the ," ,,,, �i yl f r %r „ r parcels have a �lr i marketable title the i i y "" "" suitability ofpublic � '� f i � r� � rf� r R � owmerahip for certain parcels;the feasibility and costs ofmanagingi parcels;etc O 91II' " 1" i;, l3C11 k_: .Co.:; Nm,I � 82db1 ":3 Exhibit i MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 226 - 2012 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA, RELATING TO THE STATE OF FLORIDA'S 2012 HURRICANE EVACUATION CLEARANCE TIME WORK GROUP; HURRICANE EVACUATION MODEL; WORK PROGRAM TASKS OF RULE 28-20.140, F.A.C.; AND THE STATE'S RECOMMENDED ALLOCATION OF RESIDENTIAL BUILDING PERMITS TO MONROE COUNTY; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature and the Administration Commission have included Monroe County within the designated Florida Keys Area of Critical State Concern (Section 380.05, 380.0552, Florida Statutes), and WHEREAS, the Florida Legislature and the Administration Commission have mandated that Monroe County include within the goals, objectives, and policies of its Comprehensive Plan measures to protect public safety and welfare in the event of a hurricane, by maintaining an evacuation clearance time for permanent residents of no more than 24 hours (Section 380.0552(9)(a)2., Florida Statutes; Rule 28-20.140(5)(a)12. and 14., F.A.C.); and WHEREAS, the Monroe County 2010 Comprehensive Plan includes Objective 101.2 which directs Monroe County to reduce the hurricane evacuation clearance times to 24 hours by the year 2010, and Policy 216.1.8 establishing that in the event of a pending major hurricane (category 3-5) Monroe County shall implement a staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane evacuation clearance time for the resident population, by evacuating: 1) Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-residents, visitors, RV's, travel trailers, live-aboard, and military personnel from the Keys shall be initiated, 2) Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents, and hospital and nursing home patients from the Keys shall be initiated, and 3) Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone; and WHEREAS, the Florida Legislature further mandated that the hurricane evacuation clearance time for Monroe County and other local governments within the Florida Keys Areas of Critical State Concern (ACSC) and the Key West Area of Critical State Concern shall be Page 1 of 5 determined by a state-approved hurricane evacuation study, conducted in accordance with a professionally accepted methodology (Rule 28-20.140(5)(a)11., F.A.C. and Rule 28-36, F.A.C.); and WHEREAS, the Administration Commission directed the State Department of Economic Opportunity (DEO), by July 1, 2012, to apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys and Key West ACSCs or identify alternative evacuation strategies that support the 24 hour evacuation clearance time (Rule 28- 20.140(5)(a)12. andl4., F.A.C.); and WHEREAS, the DEO's 2012 Hurricane Evacuation Clearance Time Work Group included representation from Monroe County, the City of Key West, Islamorada, Village of Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon (the "Local Governments"); and WHEREAS, the DEO's 2012 Hurricane Evacuation Clearance Time Work Group (the Work Group) evaluated, provided input, and, and ultimately recommended Scenario M5 from among the scenarios provide by DEO at its June 8, 2012 Work Group meeting; and WHEREAS, Scenario M5 included the 2010 Census site-built units (43,760 units, 27,320 occupied units); a 90% participation rate; the maximum number of residential building permits for new construction for all Local Governments per year for 10 years or 3,540 (annually, County 197, Marathon 30, Islamorada 28, Key West 90, Key Colony Beach 6 and Layton 3); 1,248 mobile home units projected to convert to site-built units; the exclusion of 870 dwelling units on the Naval Air Station; as well as two (2) functional evacuation lanes from MM 108-126, as recommended by Monroe County Sheriff's Office. Further, the Work Group recommended Scenario M5 with the provision that the City of Key West would transfer annually (by July 13th) any remaining or unused (90 allocations) allocations to the other Local Governments based upon the Local Governments' ratio of vacant land; and WHEREAS, DEO and the Local Governments recognize that significant vacant lands remain in the Florida Keys, including: Monroe County with 8,758 vacant parcels (77% of total vacant lands), Marathon with 1,281 vacant parcels (I1%), Islamorada with 1,109 vacant parcels (10%), Key Colony Beach with 92 vacant parcels (0.81%), Key West with 84 vacant parcels (0.74%), and Layton with 13 vacant parcels (0.11%); and WHEREAS, the hurricane model for determining clearance time and, ultimately, the State's allocation of County residential building permits, is maintained and run by the DEO and other state agencies; and WHEREAS, DEO has determined, based on its data, input variables, and assumptions as set forth in Part Two of the attached MOU, that the Florida Division of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME") Model is the model acceptable to DEO to accurately depict evacuation clearance times for the population of the Keys ACSCs; and WHEREAS, Marathon, Key West, Layton, Monroe County, and Islamorada staff requested new participation rate studies be conducted, due principally to the low sample sizes primarily for mobile homes relied upon by DEO and DEO anticipates conducting additional Page 2 of 5 human behavioral studies regarding participation rates in the future, prior to any further adjustments to the County's allocation of building permits; and WHEREAS, DEO has determined that mobile home residents live in vulnerable housing and should be encouraged to evacuate before residents of site-built homes, consistent with the adopted staged/phased evacuation comprehensive plan policies; and WHEREAS, the Local Governments recognize that the data, input variables, and assumptions DEO has incorporated into its hurricane evacuation model and this MOU are subject to change when the 2020 Census data becomes available; and WHEREAS, the County is directed by Rule 28-20.140(5)(a)11, F.A.C. to enter into a memorandum of understanding (MOU) with the DEO and the other local governments in the Florida Keys & Key West ACSC, which MOU stipulates to the input variables and assumptions the DEO has used in the Florida Keys Hurricane Evacuation Model, or other models acceptable to the DEO, to accurately depict evacuation clearance times for the population of the Florida Keys; and WHEREAS, the County wishes to comply with Rule 28-20.140, F.A.C. and ensure the availability of residential buildings permit allocations, consistent with the County's ability to safely evacuate its visitors and residents, and the intent of the Florida Keys ACSC to "protect the constitutional rights of property owners to own, use, and dispose of their real property" (Section 380.0552(2)(f), Florida Statutes); and WHEREAS, DEO officials have indicated, by letter to Monroe County Mayor David Rice, dated July 30, 2012, that a minimum of 3,540 additional allocations could be distributed among Florida Keys Local Governments, still maintaining an evacuation clearance time of 24 hours; and WHEREAS, DEO will report to the Administration Commission on the review and completion of Work Program tasks in Rule 28-20.140(5)(a)ll.-14., F.A.C., and provide the recommended allocation rates and distribution of allocations; and WHEREAS, the County has the following understandings, based on staff s discussions with DEO officials, and is relying on same, pending Administration Commission approval, in passing this Resolution: (a) that at least 1,970 of the available 3,540 permits will be allocated to the County, for issuance within unincorporated Monroe County, after July 1, 2013, at an annual rate the County deems appropriate and in accordance with its Comprehensive Plan, through June 30, 2023; and (b) that, after July 1, 2013, any permits allocated by the State to the City of Key West, which are not used within a given allocation year or for which the City is not eligible, will be distributed among the other local governments in the Florida Keys ACSC, in accordance with the proportion of vacant lands, in each jurisdiction, as indicated in the final report of the Work Group; and WHEREAS, the Administration Commission has directed DEO, DEM, and the Local Governments in the Keys to enter into an MOU to stipulate to the input variables and Page 3 of 5 assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to DEO in order to accurately depict evacuation clearance times for the population of the Florida Keys (Rule 28-20.140(5)(a)I I., F.A.C.); and WHEREAS, at least 30 days notice and comment period for interested parties has been provided, as required by Rule 28-20.140(5)(a)11, F.A.C; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida, as follows: ARTICLE I 1. That the Board of County Commissioners hereby stipulates, pursuant to Rule 28- 20.140(5)(a)11, F.A.C., that: a. DEO has determined that the Florida Division of Emergency Management's Transportation Interface for Modeling Evacuations ("TIME") Model is the model acceptable to DEO to accurately depict evacuation clearance times for the population of the Florida Keys; and b. DEO has identified, and the 2012 Hurricane Evacuation Clearance Time Work Group has recommended, the data, input variables, and assumptions set forth in Part Two of the attached Memorandum of Understanding for utilizing the TIME Model to depict a 24-hour evacuation clearance time for the population of the Florida Keys. c. DEO has recommended that a minimum of 3,540 additional allocations could be distributed among Florida Keys Local Governments, while still maintaining an evacuation clearance time of 24 hours, and recognizes that Monroe County is anticipated to receive 1,970 allocations for the time period of July 1, 2013 to June 30, 2023. 2. That County staff is hereby directed to coordinate with the state and other Local Governments in the Florida Keys ACSC and the Key West ACSC, in order to establish a formal process facilitating the transfer of allocations from the City of Key West to the other local governments, based on the relative percentage of vacant lands within each Local Government, as assumed in the final report of the Work Group, for any allocations in the prior allocation year(s) which: a. The City of Key West is ineligible to receive for failure to comply with state law regarding mandated comprehensive plan adoptions or updates; or b. Are not allocated by the City during the prior allocation year, through its adopted building permit allocation ordinances. 3. That Monroe County Mayor David Rice is hereby authorized to execute the attached MOU on behalf of the Board of County Commissioners. Page 4 of 5 ARTICLE II GENERAL PROVISIONS SECTION 2.01 Severability If any section, subsection, sentence, clause, or provision of this resolution is held invalid or unconstitutional by a court of competent jurisdiction, then the said holding shall in no way affect the validity of the remaining portions, which shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 2.02 Effective Date This resolution shall become effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of the Board held on the 2 1" day of September, 2012. Mayor David Rice Yes Mayor Pro Tem Kim Wigington No Commissioner George Neugent Yes Commissioner Heather Carruthers Yes Co Un Commissioner Sylvia Murphy Yes o BOARD OF COUNTY COMMISSIONERS C:) OF MONROE COUNTY, FLORIDA U- F-- 0 CZ? -- w C., -- BY Mayor David ce (SEAL�:a�� RN ATTEST:.`DANNY L. KOLHAGE, CLERK MONF q PROVED AS TO TORMEY Date: DEPUTY CLERK Page 5 of 5 i 08-02-12 HURRICANE EVACUATION CLEARANCE TIME MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND THE COUNTY OF MONROE,CITY OF KEY WEST,ISLAMORADA,VILLAGE OF ISLANDS,CITY OF LAYTON, CITY OF KEY COLONY BEACH,CITY OF MARATHON,AND FLORIDA DIVISION OF EMERGENCY MANAGEMENT This Memorandum of Understanding ("MOU") is entered into by and between the State of Florida's Department of Economic Opportunity (the "DEO"), the Florida Division of Emergency Management (the "Division"), and Monroe County, the City of Key West, Islamorada, Village of Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon (the "Local Governments") (all collectively known as the "Parties") for the purpose of complying with Rules 28-18, 28-19,and 28-20,Florida Administrative Code. RECITALS: WHEREAS, the Local Governments of the Florida Keys are within two areas that the Florida Legislature and the Administration Commission have designated as Areas of Critical State Concern (the Florida Keys ACSC and the City of Key West ACSC), pursuant to Sections 380.05 and 380.0552, Florida Statutes, and Florida Administrative Code Chapter 28-36, hereinafter referred to as the "Keys ACSCs';and WHEREAS, the Local Governments have adopted state-mandated Comprehensive Plans and Land Development Regulations,which have been approved by the State, as required by Iaw;and WHEREAS, the State's Legislative Intent in designating the Local Governments as Areas of Critical State Concern includes: (a)Establish a land use management system that protects the natural environment of the Florida Keys; . (b) Establish a land use management system that conserves and promotes the community character of the Florida Keys; (c) Establish a land use management system that promotes orderly and balanced growth in accordance with the capacity of available and planned public facilities and services; (d)Provide affordable housing in close proximity to places of employment in the Florida Keys; (e) Establish a land use management system that promotes and supports a diverse and sound economic base; (f) Protect the constitutional rights of property owners to own, use, and dispose of their real property; 1 08-02-12 (g) Promote coordination and efficiency among governmental agencies that have permitting jurisdiction over land use activities in the Florida Keys; (h)Promote an appropriate land acquisition and protection strategy for environmentally sensitive lands within the Florida Keys; (i) Protect and improve the nearshore water quality of the Florida Keys through the construction and operation of wastewater management facilities that meet the requirements of Sections 381.0065(4)(1)and 403.086(10),Florida Statutes,as applicable;and 0) Ensure that the population of the Florida Keys can be safely evacuated (Section 380.0552(2) Florida Statutes); and WHEREAS, the Florida Keys remain one of the most vulnerable areas in the United States to hurricanes;and WHEREAS,the Florida Legislature and the Administration Commission have mandated that the Local Governments (except the City of Key West) include within the goals, objectives, and policies of their respective Comprehensive Plans measures to protect public safety and welfare in the event of a hurricane by maintaining an evacuation clearance time for permanent residents of no more than 24 hours (Section 380.0552(9)(a)2. Florida Statutes, Rule 28-18.400(5)(a)10., F.A.C., Rule 28-19.310(5)(a)5., F.A.C.,and Rule 28-20.140(5)(a)14.,F.A.C.);and WHEREAS, Florida Administrative Code Rule 28-36.003(2)(a)7. requires that the City of Key West prepare and adopt an evacuation plan which is consistent with the regional and County plans; and WHEREAS, the Florida Legislature further mandated that the hurricane evacuation clearance time for the Florida Keys ACSC shall be determined by a state-approved hurricane evacuation study, conducted in accordance with a professionally accepted methodology; and WHEREAS, the Division of Emergency Management evacuation study, titled "Statewide Regional Evacuation Studies Program" dated November 2010, which includes Regional Behavioral Surveys Volumes 2-11, and was funded by the state Legislature and the Federal Emergency Management Agency("FEMA"),provided the State's principal source of professionally acceptable data and analysis, augmented by other sources of data and analysis as referenced herein, for determining input variables and assumptions depicting evacuation clearance times for the population of the Florida Keys;and WHEREAS, the Administration Commission has directed DEO, by July 1, 2012, to apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys ACSC or identify alternative evacuation strategies that support the 24 hour evacuation clearance time; and WHEREAS, the Administration Commission has directed DEO, the Division, and the Local Governments to enter into this MOU to stipulate to the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models 2 i 08-02-12 f acceptable to DEO in order to accurately depict evacuation clearance times for the population of the Florida Keys ACSC; and WHEREAS, DEO has determined that the Florida Division of Emergency Management's Transportation Interface for Modeling Evacuations ("TIME") Model is the model acceptable to DEO to accurately depict evacuation clearance times for the population of the Keys ACSCs; and WHEREAS,the Local Governments of the Florida Keys, except the City of Key Colony Beach, have regulated the rate and distribution of growth by implementing permit allocation systems to address hurricane evacuation clearance times;and WHEREAS,DEO and the Local Governments recognize that significant vacant lands remain in the Florida Keys: Monroe County with 8,758 vacant parcels(77%of total vacant lands),Marathon with 1,281 vacant parcels (11%), Islamorada with 1,109 vacant parcels (10%), Key Colony Beach with 92 vacant parcels (0.811/6), Key West with 84 vacant parcels (0.740/o), and Layton with 13 vacant parcels (0.110/6);and WHEREAS , DEO and the Local Governments recognize the need to balance limiting the maximum number of building permits for new construction of residential units to be issued annually in the Florida Keys with fairness and consideration of private property rights;and WHEREAS, to address hurricane evacuation modeling for the Florida Keys ACSCs, DEO established a Hurricane Evacuation Clearance Time Work Group ("Work Group") consisting of elected officials from each Local Government and representatives from DEO and DEM; in addition DEO invited representatives of special interests in the Florida Keys to participate, including the Florida Keys Federation of Chambers of Commerce, the Florida Restaurant and Lodging Association, the Lodging Association of the Florida Keys and Key West,the Monroe County Sheriffs Office,Naval Air Station- Key West, the environmental community, and a citizen's advocacy group; and further DEO requested technical advisors from DEO, the Division, and the Local Governments as well as the Northeast Florida Regional Planning Council, the South Florida Regional Planning Council, Monroe County Emergency Management, the National Weather Service,the National Hurricane Center, and the Florida Department of Transportation to participate in meeting discussion;and WHEREAS, four advertised public workshops were conducted in the Florida Keys where the Work Group reviewed studies and data from DEO and other agencies related to the occupancy, participation, human behavior, response curves, capacity of the evacuation route, and the number of automobiles that will likely be evacuated,and other factors; and WHEREAS, the Work Group evaluated information, provided input, and ultimately recommended Scenario M5;and WHEREAS, from among the scenarios provided by DEO at the June 8, 2012, Work Group meeting, Scenario M5 included the 2010 Census site-built units (43,760 units); the maximum number of residential building permits for new construction for all Local Governments per year for 10 years (annually,County 197,Marathon 30, Islamorada 28,Key West 90,Key Colony Beach 6 and Layton 3); 1,248 mobile home units projected to convert to site-built units; the exclusion of 870 dwelling units on 3 } t 08-02-12 I the Naval Air Station; as well as two (2) functional evacuation lanes from MM 108-126. Further, the Work Group recommended Scenario M5 with the provision that the City of Key West would transfer annually (by July l3th) any remaining or unused (90 allocations) allocations to the other Local Governments based upon the Local Governments' ratio of vacant land; and WHEREAS, following the June 8, 2012, Work Group meeting, technical corrections were made to the Census site built units revising that number to 43,718 and revising the Key West building permit allocation to 91, which corrections do not affect the hurricane evacuation clearance time for the population of the Florida Keys;and WHEREAS, the Local Governments acknowledge that the safe and timely evacuation of the population of the Florida Keys in the event of a hurricane requires a consistent and cooperative approach and to that end, having participated as members of the Work Group, acknowledge that the input variables and assumptions identified in this MOU are those which DEO finds accurately depict evacuation clearance times for the population of the Florida Keys for a Category 3-5 hurricane event, as required by Administrative Rule; and WHEREAS, Marathon, Key West, Layton, Monroe County, and Islamorada requested new participation rate studies be conducted, due principally to the low sample rates primarily for mobile homes relied upon by DEO; and, WHEREAS, the Work Group accepted the participation rates recommended by DEO, including those for mobile homes, and DEO agreed to seek funding to provide education to mobile home occupants regarding the need to evacuate during Phase I due to the vulnerability of mobile homes;and WHEREAS, the Local Governments recognize that the data, input variables, and assumptions DEO has incorporated into its hurricane evacuation model and this MOU are subject to change when the 2020 Census data becomes available. NOW THEREFORE,the parties set forth the following understandings: PART ONE: RECITALS The above recitals are incorporated into this MOU and made a part hereof. PART TWO: DATA,INPUT VARIABLES AND ASSUMPTIONS The Human Behavioral Studies from the 2010 Statewide Regional Evacuation Study, the 2010 Census as supplemented by the 2006-2010 American Community Survey, Smith Travel Research, and data from the Department of Business and Professional Regulation, Division of Hotels and Restaurants, and Statewide Regional Evacuation Study Program for the South Florida Region are the best available and most relevant data and analysis. The following input variables and assumptions provide the basis, when used in the TIME model, to accurately calculate evacuation clearance times for the population of the Florida Keys, and DEO will recommend same to the Administration Commission to determine the remaining development allocations for the Florida Keys: 4 1 08-02-12 A. Number and Occupancy of Units by type of Unit: 1. Tourist Units: 13,665 tourist units with 11,287 occupied units for the month of July (the month with highest average number of permanent and seasonal residents and tourists). The data source for the number and type of units and vehicular use is the Statewide Regional Evacuation Study Program for the South Florida Region and the Department of Business and Professional Regulation,Division of Hotels and Restaurants,Licensee File Database,District 1 (March 29, 2010). The data source for occupancy of tourist units is the Smith Travel Research 2012: Historic Trend Report for 2011 for the month of July. A listing of the units is within the Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data: Hotel, Motel and other Vacation Rental Units is attached and incorporated herein as Exhibit 1. 2. Mobile Home Units: 8,134 Mobile Home units with 4,576 occupied units. The data source for the number and type of units, the vehicular use and occupancy of the units is the 2010 Census supplemented by the 2006-2010 American Community Survey for Monroe County and the Statewide Regional Evacuation Study Program for the South Florida Region. A listing of the units is within the Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data for Site-Built and Mobile Homes, is attached and incorporated herein as Exhibit 2. 3. Site-Built Units: 43,718 Site-built units with 27,320 occupied units. The data source for the number, type, occupancy, and vehicular use is the 2010 Census supplemented by the 2006- 2010 American Community Survey and the Statewide Regional Evacuation Study Program for the South Florida Region. See Exhibit 2. B. Response Curve: The assumed Response Curve for model runs is 12 hours for all unit types as utilized in the 2010 Statewide Regional Evacuation Study Program for the South Florida Region. C. Participation Rates: The assumed Participation Rates are: 1. Tourist units: 100% 2. Mobile home units: 100% 3. Site-built units: 90%for a Category 5 event The participation rates are based upon the 2010 Statewide Regional Evacuation Study, Regional Behavioral Analysis Volumes 2-11, prepared for the South Florida Region, which DEO has determined reflect the best available data at this time. D. Vehicle Usage by Units by type of Unit: A listing of the vehicle count and usage by Traffic i Evacuation Zone quantifies the number of vehicles owned (Exhibit 3) and the percent of vehicles owned that will be evacuated (Exhibit 4). Exhibits 3 and 4 are based upon the 2010 Statewide Regional Evacuation Study and are attached and incorporated herein. E. Vehicle Usage by the Special Population: Exhibit 5 represents the number of vehicles that will be contributed by Naval Air Station — Key West and the Florida Keys Community College and is 5 08-02-12 based upon correspondence from Naval Air Station—Key West and the assumption that each of the 100 dorm beds from the Florida Keys Community College will contribute one evacuating vehicle per bed. F. Evacuation Stream. The evacuation stream from Monroe County is the only assumed traffic demand considered. G. Roadway Capacity. The Roadway Capacity, dated July 18, 2010, established by the Florida Department of Transportation is attached and incorporated herein as Exhibit 6. H. Evacuation Procedures. The following evacuation procedures have been adopted or substantially adopted by the Local Governments (except the City of Key West) into their comprehensive plans,and by the City of Key West in Resolution No. 06-244: 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non- residents, visitors, recreational vehicles (RV's), travel trailers, live-aboards (transient and non- transient), and military personnel from the Keys shall be initiated. State parks and campgrounds should be closed at this time or sooner and entry into the Florida Keys by non-residents should be strictly limited. 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents, and hospital and nursing home patients from the Keys shall be initiated. 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation zones are as follows: a)Zone 1 —Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) b)Zone 2—Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40) c)Zone 3—West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63) d) Zone 4—West end of Long Boat Key Bridge to CR 905 and CR 905A intersection (MM 63- 106.5) e)Zone 5—905A to,and including Ocean Reef(MM 106.5-126.5) The actual sequence of the evacuation by zones will vary depending on the individual storm. The concepts embodied in this staged evacuation procedures should be embodied in the appropriate operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect increases, decreases and or shifts in population; particularly the resident and non- resident populations. PART THREE: MISCELLANEOUS A. Liability. As this MOU represents only the Parties' acknowledgement of the data, input variables, and assumptions DEO has utilized in its hurricane evacuation model, nothing in this MOU shall be construed to impose any liability on the State of Florida, DEO, the Division, or the Local Governments. Nothing in this MOU may be interpreted as a waiver of sovereign immunity by any 6 08-02-12 Party. Any provision of this MOU that is inconsistent with the State's sovereign immunity statute shall be considered null and void. B. Modification. Modifications to the Memorandum of Understanding shall be valid only when reduced to writing and duly signed by all parties. C. Severability. If any term or provision of this Memorandum of Understanding shall be invalid or unenforceable to any extent, the Parties agree to comply with remaining terms and provisions, unless compliance with the remaining terms and provisions would prevent the accomplishment of the original intent of the agreement between the Parties. D. Termination. Any Party may terminate this Memorandum of Understanding at any time, with or without cause. Termination shall take effect upon receipt of written notification by a Party to all other Parties. E. Notification. Notifications under this MOU shall be made by hand delivery, U. S. certified mail, return receipt requested, or an express mail service that provides proof of delivery. Notification by a Party to the DEO shall be directed to the Areas of Critical State Concern Administrator, Department of Economic Opportunity, 107 East Madison Street, Tallahassee, FL 32399-4128. Notification to the other parties to this Memorandum of Understanding shall be directed as follows: 1. Monroe County. Mayor, Monroe County, 2798 Overseas Hwy. Marathon, FL 33050 with a copy to the Growth Management Division Director,2798 Overseas Hwy.Marathon,FL 33050. 2. City of Key West. Mayor, City of Key West, 3126 Flagler Avenue Key West, FL 33040, with a copy to the Planning Director, 3126 Flagler Avenue Key West,FL 33040. 3. City of Marathon. Mayor, City of Marathon, 9805 Overseas Highway Marathon, FL 33050, with a copy to the Planning Director,9805 Overseas Highway Marathon,FL 33050. 4. City of Layton. Mayor, City of Layton, 68260 Overseas Highway,P.O. Box 778 Long Key,FL 33001. 5. City of Key Colony Beach. Mayor,City of Key Colony Beach, P.O. Box 510141, Key Colony Beach, FL 33051-0141 with a copy to the City Clerk at P.O. Box 510141, Key Colony Beach, FL 33051-0141. 6. Islamorada, Village of Islands. Mayor, Islamorada, Village of Islands, 86800 Overseas Highway Islamorada, FL 33036, with a copy to the Director of Planning and Development Services,86800 Overseas Highway Islamorada,FL 33036. 7. Division of Emergency Management. Director, Florida Division of Emergency Management, 2555 Shumard Oaks Boulevard, Tallahassee, FL 32399-2100, with a copy to the Division's Hurricane Program Manager at the same address. F. Effective Date. This Memorandum of Understanding is effective upon execution by all parties and approval by the Florida Administration Commission and ends upon the termination of the Florida 7 08-02-12 Keys Area of Critical State Concern designations, unless terminated earlier according to Part 4(D) above. IN WITNESS WHEREOF,the parties have executed this Memorandum of Understanding on the dates below written. CITY OF KEY WEST,FLORIDA 2012 Date ates,44ayor ATT�'�f �s� C - ,04- CityClerk F60'���A Approved as su Shawn Smith,City Attorney E F 8 t 08-02-12 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA 2012 Dam David Rice, Mayo a 4 Clerk Approved as to form and legal sufficiency: County Attorney i 9 08-02-12 CITY OF MARATHON,FLORIDA lO 2 a/v,Zola Date Peter Worthington,Mayor I ATTEST: City Clerk I Approved as to fo egal sufficienc John R. He ' ,Ci Attorffey i i i i a I0 08-02-12 t CITY OF LAYTON,FLORIDA I 2012 Date Norman S.Anderson,Mayor I ATTEST: Mimi Young,City Cle Approved as to form and legal sufficiency: , ity Attorney i 11 1 08 42-12 t CITY OF KEY COLONY BEACH,FLORIDA a .32012 Date Ron Sutton,Mayor ATTEST: b-11L- CityeleA ennin Approved as to form and legal sufficiency: Thomas D. Wright, City Attorney i 12 I 08-02-12 i ISLAMORADA,VILLAGE OF ISLANDS,FLORIDA I 2012 Date Michael Reckwerdt,Mayor I ATTEST: Village Cle Approved as to form and legal sufficiency: Nina Boniske,Village Attorney 1 13 08-02-12 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2012 ate BryaoV.Koon,Director Approved as to form and legal sufficiency: Assistant General Counsel 14 t 08-02-I2 4 r STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY 2012 Q . - f, inA omas Beck,AIC Director,Division of Community Development Approved as to form and legal sufficiency,subject only to full and proper execution by the parties Office of the General Counsel Department of Economic Opportunity By:` - A Assistark)6-enerdl Vounsel. Approved Date: 15 08-02-12 Exhibits to Hurricane Evacuation Clearance Time Memorandum of Understanding Exhibit 1 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data: Hotel, Motel and other Vacation Rental Units Exhibit 2 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data for Site-Built and Mobile Homes Exhibit 3 Listing of the vehicle count and usage by Traffic Evacuation Zone (based on the 2010 Statewide Regional Evacuation Study) Exhibit 4 Percent of vehicles owned that will be evacuated (based on the 2010 Statewide Regional Evacuation Study) Exhibit 5 Identification of contributing vehicles from Naval Air Station—Key West and Florida Keys Community College. Exhibit 6 Roadway Capacity, dated July 18, 2010, established by the Florida Department of Transportation 16 tV n m 00 n 0 0 m 00 0 ti H v Vl - v v M '-1 N M W V) rl M W tD M W M W m m ei m tV 0 0 010 W 00 v N O tD N 00 00 c-1 W t0 M m c-1 N N w V m rl m V) In rl O M M M v rl 00 V) v O C Vl m '-I m ri .--I n '-1 M .-i m M lD ti .ti Ln rl rl LA I = fA O c w 1 0 C O O O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 W 1 V � a a v v v v v v v oo tb a0 00 00 o0 00 ao .-1 e-I e-1 e-1 W W W N N N N o0 00 a0 N N N N N N N N � C m m m O) m 0) m 0) m - - .-I - - - a-I a-I .-1 M M M M v v v �T v v v v v v v v v v V V V v y p n n n n n n n n n tD tD tD to tD t0 tO tD W W to to tD V) V) V) m V) V) to to W tD W tD tO W t0 tO LO LD I OC c u 0 v ma = IA 0 00 V) 00 V) o) 0 tD tD V) �") t0 �'-� .-I W n N 00 v O) o) 0 O) �"� ."� 00 W N 0 V V V) M V1 <D .ti m .ti n O O v 0 O) v M n n N O) V �"� 00 t0 V1 M 0 �'-� .-1 0 0 0 .y n t0 to M y t0 V) N O) an M O lD v rl O) r1 - 00 ti M ti O) M ti ti W .ti ey m .ti c-I '-1 10 eO N •a , £ r r o N m I o j 0 F 0 z ^ o Qj O a+ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 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N N N N N N N N N N M rn M M r" m M ", M A v O O a .O m yN N N N N N N N N N N N N N N N N N NNNNNN N N .V .VNNNNN NN N N I�0 O rl .1 ei .-1 ei ei .-1 ei eel ei N ei ei H lLL No CC Exhibit 2 Table of Traffic Evacuation Zone(TEZ)Occupancy Data:Site-Built and Mobile Home Units Sub-County Site-Built Mobile Home TEZ Location Total Occupancy Occupied Total Occupancy Occupied Rate Total Rate Total 1208 Key West 2,196 67.85% 1,490 1 100.00% 1 1209 Key West 2,252 65.32% 1,471 69 100.00% 69 1210 Key West 1,387 87.89% 1,219 8 100.00% 8 1211 Key West 2,779 77.69% 2,1591 42 100.00% 42 1212 Key West 514 92.61% 476 0 0.00% 0 1213 Key West 1,069 87.65% 937 365 96.44% 352 1214 Key West 289 85.35% 247 10 100.00% 10 1215 Key West 1,586 77.96% 1,236 15 100.00% 15 1216 Key West 699 78.40% 548 10 100.00% 10 1217 Key West 610 81.97% 500 576 89.06% 513 1218 Key West 106 84.91% 90 304 79.28% 241 1219 Key West 448 86.61% 388 0 0.00% 0 1220 Lower Keys 1,041 86.36% 899 517 56.87% 294 1221 Lower Keys 1,112 71.22% 792 50 100.00% 50 1222 Lower Keys 1,521 55.03% 8371 472 40.25% 190 1223 Lower Keys 2,477 66.98% 1,659 376 48.14% 181 1224 Lower Keys 1,174 59.20% 695 343 62.97% 216 1225 Lower Keys 464 63.79% 296 20 100.00% 20 1226 Middle Keys 747 56.09% 419 458 77.95% 357 1227 Middle Keys 1,613 58.15% 938 204 69.12% 141 1228 Middle Keys 3,854 49.35% 1,9021 298 45.64% 136 1229 Middle Keys 1,093 37.60% 411 192 44.79% 86 1230 Middle Keys 258 62.79% 162 422 9.01% 38 1231 Middle Keys 1,155 34.37% 397 9 66.67% 6 1232 Upper Keys 525 57.52% 302 123 33.33% 41 1233 Upper Keys 273 57.88% 158 64 34.38% 22 1234 Upper Keys 885 49.83% 441 122 53.28% 65 1235 Upper Keys 2,299 57.16% 1,314 79 37.98% 30 1236 Upper Keys 619 53.96% 334 162 54.94% 89 1237 Upper Keys 933 52.52% 490 366 45.63% 167 1238 Upper Keys 377 75.86% 286 177 20.90% 37 1239 Upper Keys 1,509 55.53% 838 105 2.86% 3 1240 Upper Keys 1,547 46.15% 714 371 46.90% 174 1241 Upper Keys 1,009 79.58% 803 293 49.15% 144 1242 Upper Keys 487 63.24% 308 809 48.21% 390 1243 Upper Keys 1,114 52.96% 590 649 63.64% 413 1244 Upper Keys 605 32.23% 195 10 50.00% 5 1245 Upper Keys 1,071 34.08% 365 32 46.88% 15 Mainland 1246 Monroe 4 50.00% 2 11 45.46% 5 Mainland _12_47_ __Monroe_ __ _17 __70.5_9_0 _ _ 12 __ _0 ___0_.0_0% _0 Totals 43,718 27,320 8,134 4,576 Source data:2010 US Census and 2006-2010 American Community Survey for Monroe County Exhibit 3 Table of Traffic Evacuation Zone(TEZ)Vehicle Per Unit Data:Site-Built,Mobile Home and Tourist Units Sub-County Site-Built Mobile Home Tourist(based on July Occupancy) TEZ Occupied Vehicle per Total Occupied Vehicle per Total Occupied Vehicl peY Total Location Units Unit Vehicles Units Unit Vehicles " Units Un , Vehicles 1208 Key West 1,490 1.08859 1,622 1 1.00000 1 1,804 1.1 1,984 1209 Key West 1,471 0.99544 1,464 69 0.85507 59 1,535 1.1 1,689 1210 Key West 1,219 1.36423 1,663 8 1.37500 11 147 1.1 162 1211 Key West 2,159 1.41147 3,0481 42 1.45238 611 1,035 1.1 1,139 1212 Key West 476 1.22899 585 0 0.00000 0 190 1.1 209 1213 Key West 937 1.31910 1,236 352 1.36080 479 0 1.1 0 1214 Key West 247 1.45398 359 10 1.50000 15 28 1.1 31 1215 Key West 1,236 1.29993 1,607 15 1.26667 19 208 1.1 229 1216 Key West 548 1.31934 723 10 1.30000 13 898 1.1 988 1217 Key West 500 1.40800 704 513 1.40156 719 1 1.1 1 1218 Key West 90 1.64444 148 241 1.63900 395 19 1.1 21 1219 Key West 388 0.00000 0 0 0.00000 0 1 1.1 1 1220 Lower Keys 899 1.22914 1,105 294 0.62925 185 1 1.1 1 1221 Lower Keys 792 1.92045 1,521 50 1.92000 96 103 1.1 113 1222 Lower Keys 837 1.24134 1,039 190 1.60000 304 80 1.1 88 1223 Lower Keys 1,659 1.41772 2,352 181 1.70166 308 62 1.1 68 1224 Lower Keys 695 1.017271 707 216 1.71759 371 165 1.1 182 1225 Lower Keys 296 1.75000 518 20 1.70000 34 5 1.1 6 1226 Middle Keys 419 0.94033 394 357 1.03081 368 392 1.1 431 1227 Middle Keys 938 1.51386 1,420 141 1.39716 197 151 1.1 166 1228 Middle Keys 1,902 1.71451 3,261 136 1.75735 239 1,154 1.1 1,269 1229 Middle Keys 411 1.52555 627 86 1.58140 136 455 1.1 501 1230 Middle Keys 162 1.71605 278 38 1.71053 65 59 1.1 65 1231 Middle Keys 397 1.62972 647 6 1.66667 10 117 1.1 129 1232 Upper Keys 302 1.89073 571 41 1.90244 78 136 1.1 150 1233 Upper Keys 158 1.88608 298 22 1.86364 41 780 1.1 858 1234 Upper Keys 441 0.00000 0 65 0.00000 0 72 1.1 79 1235 Upper Keys 1,314 1.86758 2,454 30 1.76667 53 70 1.1 77 1236 Upper Keys 334 1.79042 598 89 1.78652 159 16 1.1 18 1237 Upper Keys 490 1.32245 648 167 0.93413 156 131 1.1 144 1238 Upper Keys 286 1.60140 458 37 1.56757 58 40 1.1 44 1239 Upper Keys 838 1.95346 1,637 3 2.00000 6 165 1.1 182 1240 Upper Keys 714 1.88936 1,349 174 1.40230 244 654 1.1 719 1241 Upper Keys 803 1.81071 1,454 144 1.83333 264 180 1.1 198 1242 Upper Keys 308 1.42532 439 390 1.40513 548 1 1.1 1 1243 Upper Keys 590 2.12881 1,256 413 1.93220 798 145 1.1 160 1244 Upper Keys 195 0.46154 90 5 1.60000 8 221 1.1 243 1245 Upper Keys 365 0.81096 296 15 1.86667 28 66 1.1 73 Mainland 1246 Monroe 2 1.50000 3 5 1.40000 7 0 1.1 0 Mainland _1247 Monroe __ _12 _0.00000 _ _0 _ _0 0.00000 __ _0 _ _0 ___ 1.1 __ _0 Totals 27,320 38,579 4,576 6,533 11,287 12,416 Source data:2010 US Census and 2006-2010 American Community Survey for Monroe County;Smith Travel Research 2012:Historic Trend Report;2010 Statewide Regional Evacuation Study:South Florida Region Exhibit 4 Table of Traffic Evacuation Zone(TEZ)Vehicle Use Rate Data:Site-Built,Mobile Home and Tourist Units Sub-County Site-Built Mobile Home Tourist(based on July Occupancy) TEZ Total Vehicle Available Total Vehicle Available Jot f Vehicle Use Available Location Vehicles Use Rate I Vehicles Vehicles Use Rate Vehicles Vehides 'Rate , Vehicles 1208 Key West 1,622 90% 1,460 1 90% 1 1,984 100%1 1984 1209 Key West 1,464 90% 1,318 59 90% 53 1,689 100% 1,689 12 101 Key West 1,663 90% 1,497 11 90%1 10 162 100% 162 1211 Key West 3,048 90% 2,743 61 90% 55 1,139 100% 1,139 1212 Key West 585 90% 526 0 90% 0 209 100% 209 1213 Key West 1,236 90%1 1,112 479 90% 431 0 100% 0 1214 Key West 359 90% 323 15 90% 14 31 100% 31 1215 Key West 1,607 90% 1,447 19 90% 17 229 100% 229 1216 Key West 723 90% 651 13 90%1 12 988 100% 988 1217 Key West 704 90% 634 719 90%1 647 1 100% 1 1218 Key West 148 90% 133 395 90% 356 21 100% 21 1219 Key West 0 90% 0 0 90% 0 1 100%1 1 1220 Lower Keys 1,105 75% 829 185 75% 139 1 100% 1 12211 Lower Keys 1,521 75% 1,141 96 75% 72 113 100% 113 1222 Lower Keys 1,039 75% 779 304 75% 228 88 100% 88 1223 Lower Keys 2,352 75% 1,764 308 75% 231 68 100% 68 1224 Lower Keys 707 75%1 530 371 75% 278 182 100% 182 1225 Lower Keys 518 75% 388 34 75% 26 6 100% 6 1226 Middle Keys 394 80% 315 368 80% 294 431 100% 431 1227 Middle Keys 1,420 80% 1,136 197 80% 158 166 100% 166 1228 Middle Keys 3,261 80% 2,609 239 80% 191 1,269 100% 1,269 1229 Middle Keys 627 80% 502 136 80% 109 501 100% 501 1230 Middle Keys 278 80% 222 65 80% 52 65 100% 65 1231 Middle Keys 647 80% 518 10 80% 8 129 100% 129 1232 Upper Keys 571 85% 485 78 85% 66 150 100% 150 1233 Upper Keys 298 85% 253 41 85% 35 858 100% 858 1234 Upper Keys 0 85% 0 0 85% 0 79 100% 79 1235 Upper Keys 2,454 85% 2,086 53 85% 45 77 100% 77 1236 Upper Keys 598 85% 508 159 85% 135 18 100% 18 1237 Upper Keys 648 85% 551 156 85% 133 144 100% 144 1238 Upper Keys 458 85% 389 58 85% 49 44 100% 44 1239 Upper Keys 1,637 85% 1,391 6 85% 5 182 100% 182 1240 Upper Keys 1,349 85% 1,147 244 85% 207 719 100% 719 1241 Upper Keys 1,454 85% 1,236 264 85% 224 198 100% 198 1242 Upper Keys 439 85% 373 548 85% 466 11 100% 1 1243 Upper Keys 1,256 85% 1,068 798 85%1 678 160 100% 160 1244 Upper Keys 90 85% 76 8 85% 7 243 100% 243 1245 Upper Keys 296 85% 252 28 85% 24 73 100% 73 Mainland 12461 Monroe 3 75% 2 7 80% 6 0 100%1 0 Mainland 1_247 Monroe __ _0 75% _ _ 0 _ _ 0 __80_% ___ _0 _ _ _0____10_0% _ _ _0 Totals 38,579 32,394 6,533 5,461 12,416 -12,416 Source data:2010 US Census and 2006-2010 American Community Survey for Monroe County;Smith Travel Research 2012:Historic Trend Report;2010 Statewide Regional Evacuation Study:South Florida Region Exhibit 5 Table of Traffic Evacuation Zone(TEZ) Data:Special Population TEZ Sub-County Special Population Originating Location Number of Location Type Beds/Vehicles Used University Florida Keys Community 1216 Key West Population College- Blue Lagoon 100 vehicles Residence Hall NAS Key West NAS Key West-Boca 1220 Lower Keys 2,338 vehicles Personnel Chica Source data: Naval Air Station(NAS)Key West; Florida Keys Community College Exhibit 6 Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane: US Highway 1(Overseas Highway)and CR 905/Card Sound Road in the Florida Keys,Monroe County,Florida Milemarkers Functional Maximum Sustainable Area From To Location/Description Flow Rate per Functional FEvacuation Lane Lane Lower 2 4 Key West to Stock 2 900 Keys Island Lower 4 9 Stock Island To Big 2 900 Keys Coppitt Key Lower 9 17 Big Coppitt to 1 1,100 Keys Sugarloaf Key Lower 17 22 Sugarloaf to Cudjoe 1 1,100 Keys Key Lower Cudjoe Key to Keys 22 24 Summerland Key Cove 1 1,100 Airnort Lower Summerland Key Cove Keys 24 25 Airport to Summerland 1 1,100 Key Lower 25 30 Summerland Key to 1 1,100 Keys Bia Pine Key Lower 30 34 Big Pine Key to West 1 1,050 Keys Summerland Keys Lower West Summerland Keys 34 35.2 Keys to Spanish 1 1,100 Harbor Keys Lower 35.2 36.5 Spanish Harbor Keys 2 1,100 Keys to Bahia Honda Bridge Lower Bahia Honda Bridge to Keys 36.5 37.5 Bahia Honda Key 1 1,100 Middle 37.5 47 Bahia Honda Key to 1 1,200 p Key Middle 47 48 Hog Key to Boot Key 1 1,100 Keys Middle 48 50.2 Boot Key to Marathon 2 900 Keys Middle 50.2 58 Marathon to Marathon 2 900 Y Middle 50.8 54 Marathon Shores to 2 900 Keys Key Colony Beach Middle 54 54.5 Key Colony each to 2 900 Y Deer Key Middle 54.5 58 Deer Key to Grassy 1 1,100 Keys Key Upper Keys 58 74 Grassy Key to 1 1,100 Matecumbe Harbor Upper Keys 74 80 Matecumbe Harbor to 1 1,100 Teatable Key Upper Keys 80 83.5 Teatable Key to 1 1,100 Islamorada Upper Keys 83.5 85.6 IslamoradatoWindley 1 1,100 Y Upper Keys 85.6 90 Wmdley Key to 1 1,100 Plantation Key Upper Keys 90 100 Tavernier Key to 2 900 Newport Key Upper Keys 100 105 Newport Key to 2 900 Sexton Cove Upper Keys 105 106.3 Sexton Cove to 2 900 Rattlesnake Key Upper Keys 106.3 126.5 Rattlesnake Key to 1 1,200 Card Sound Road Upper Keys 126.5 FHEFTT Card Sound Road to 1 900 HEFT Exhibit 6 Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane: US Highway 1(Overseas Highway)and CR 905/Card Sound Road in the Florida Keys,Monroe County,Florida Milemarkers Functional Maximum Sustainable Area From To Location/Description Flow Rate per Functional Evacuation Lane Lane Int CR Lake Surprise to Upper Keys 106.3 905/CR Crocodile Lake 1 1,100 Ocean Int CR Tanglefish Key to Upper Keys Reef 905/CR Crocodile Lake 1 1,100 905A Int CR Crocodile Lake to Upper Keys 905/CR USI 1 1,100 905A South Miami Dade Source data:Florida Department of Transportation:Letter to Department of Community Affairs on June 18, 2010-Tables 2A and 28;Statewide Regional Evacuation Study for the South Florida Region Ocean Reef r Conservation Public Properties Type City Caanty Federal srara rvo prom Upper Key Largo I Conservation Public Properties Type City J—ty Federal Stat, J Nonprofit ® IA'de.IAa rk er Upper Key Largo Conservation Public Properties Type City c—,ty Federal Sor, Nonprofit MGM 1111111011 1101,111 I in IRA ii Conservation Public Properties Type Clty County / Federal 3tete �J _ �NonproN ® Mile Merker ----------------- Key Largo fI f�4 qfa 'aA !I u i n r! Conservation Public Properties Type City County Federal r 1 Stata J Nonprofit ® IA'il e.IAa rk er Key Largo � ,�� I � a Conservation Public Properties Type City County Federal 11 State. jA J Nonprofit ® [All IAarker 1 Tavernier s � Conservation Public Properties Type 1. City County r x' Federal ,' tt Stara Nonprofit ® IA'ile.IAarkar M Plantation Key k r I .d Conservation Public Properties Type City c—,ty Federal Stat, J Nonprofit IA'ile.IAarker p, Little Pine Key Conservation Public Properties yPe City JCounty Federal State. J Nonprofit ® [All IAarker Bahia Honda Key �r pi it U° q' ,y v � Conservation Public Properties Type City County Federal Stat, J Nonprofit ® [All IAarker Big Pine Key Area r ; Conservation Public Properties Type c County Federal 1 Stat, J Nonprofit 4 ® Mile Merkel Big Pine Key Area li i Conservation Public Properties TYPe Cry r County Federal State Mile Merker lit %/Y 1 Big Pine Key Area ` � I aJ / Conser-tion Public Properties TYP Y c Curry Federal State. n.wat IBM ® [All IAarker \ r, \ 7° . y . . yr , «� m z ° »© / \ y , Consawation \,.. y ^y\ < » , y` ^ r F A _ 'y y < . < a : .. Summerland/Cudjoe Keys r� t I I yp do P blicl Properties G,ty /% / � fIII Illk��l Caamy f / �� ��//' �• Federal r I �/ tt Stata J Nonprofit 4 ® IA'ile.IAarker R, p Summerland/Cudjoe Keys Conservation Public Properties Type City J C—uy Federal Sara J Nanprofir ® IA'il e.IAa rk ar Sugarloaf Key e , Conservation Public Properties Type Clty County Federal state Nonprofit Mill IAile IAa rker ml /l/ Sugarloaf Key e Conservation Public Properties yPe City County Federal State. J Nonprofit ® [All IAarker Sugarloaf Key Conservation Public Properties Type City JCounty Federal Stat, J Nonprofit ® [All IAarker e§ C pM± o 2 Chi K z � s / < > « ° > � Properties , _, _ ? 7/17/201,3 f M)ruoe County,Orowth Managem,mt, July 28,2013 BOCC meefing � S 'o bite Paper found that with la years' worth o I U11, l r permits, the Florida Days would beat a 2 hour evacuation clearance 1 7/1 / 1 i f 1 II 1111�1 I ) 4 ii JJ � 1J .......... ivacuadoWdearance time of 2,4 hours, through, the year z * County,to receive i, 7n permits (197 x 10 through the year 2023 This deficif'of bulldin permit allo ,at un could trIgger takings suits against t both, the State and MC, if no additional permits are allowed beyond the year 2023. 2 a 7/ / 013 Fiona Keys of C (Intl Mom"cowty TOTAL—VACANT,PRIVATELY OWNED " 11,364ml PARCELS TOTAL APPROXIMATE LAND VALUE OF REMAINING VACANT,PRIVATELY-- $462.,L 1 , 1 24 ,314,487 is" OWNED PARCELS. jt���:�ur:ri'ru _"�Yl_" "4C.' C"� art2'ti."ex�wsrwa:.r+ll:uE�ap m� � 10 YEARS"WORTH OF NEW ROGO ALLOCATIONS THROUGH THE YEAR 3,550 1,970 2023 REMAINING VACANT,PRI'4ATELY® poor rn ( 6 OWNED PARCELS "S14a19 t present, bated on the historic rates of funding committed _.�.._. or the acquisition of conservation lads(approximatelyd� 00,000 per year),this estimated fundingamount will 'et� � unlikely, a sufficient e l acquisition needs �t r- appro . illi0n) of the County in the fut0re. 1� ... ;;g pmv //,rrrrrrr rrr i mo/re detaits to the BOCC in the ti a / /201, it u le Rcqimst the State ofll'Wridan Division of State 1. n& to continue to aggressively acquire vacaannt,pn vaalefy � owned land as a State partner 4n the ACSC prograun. 3,35 u'f w.w°;I parcels within the States Florida Forever Boundary are privately owned and vacant 2.Request the Federal a vcannnne nt t®continue to a ggraw;mively acquim vacarit,pnivately owned land. :,1 h 6;wmrcc1h within the Federal ee r Species Foems Area and Buffer Areas(all Ti designations)are Inivately owned and vacant uum � iluV �u��uuuuqu�i�i uuuu uq I � t / y this " 0 the County,vo t for acquisition (4'pprox, land value ofmillion) y / / ' 1 ieg o . as+ea of l ' bitat Y ""M mIr a '' .0 ' . V" - ®ita;dnmcar die n:naamarmt early allocation rare of 197 j units per year through a Con4nehensive Plan annuendnneant,thereby extending the timefaa i ne of the recently awarded allocation-,tion-,(3,550 County wide including cities,with 1,970 units for unntncor orr ted MC)—to provirle additional time to implement other Strategies. '. 1,970 over 10 years—1 7 "ear M W 28-20.140,y C 1, 70 over 12years 164 perTrWyeas 1,970 over 15 years 131 ar CV l:aaa4V a V V 2.4 and 6011,11 1,970 over 20 years=98.5 perrOslyear W aA r ra 20 or r aea u' a ag n;u° s /1 /201 MS 11 a 4. fftatnet 1. tvae i ygtr by encrt agrrg additional aggregation b�nnreasntg points awarded in OGO. CuiTeroly, positive points are awarded for � M._•_ each vacant,legally,platted lot which is aggregated in a desigrutted.Tier II or III area on BPKNNK,and 4 positive points are awarded for each vacant,legally platted lot which is aggregated in a designated'rier III area in the Upper or Lower Keys(moat BPKIN ). Lot aggrega.tion rNuires a legally binding restrictive covenant limiting the nwnber of drovelling units can the aggregated lots.TWs policy could be revised to encourage the aggregation of additional lots from any"flier designation. J C i m . ; , � led d If o additional permits e axthariaed a 20, 3,allowthe transfer of dwelling�a its(market tata,n or able and tr awtert�s� t propertyowners % p ii With more than one lawfully established unit can trove the additicartal units tea another location, The County could consider allowing tranrsfers from al site to site within a subevea in Mtn(Upper to Uppa,Lower to Lowmer,BP to BP ); b)betty m ROGO tiro wst tot taro Lower ort ow tot) /N N K,Lower or Up 1m,BPK./t+NK to BP and Lower);aan&or ey betwv uri m cti m a t a i t usawa� � �iti �• Cm , ruts tiaras,stxb :Sr 'er My to undeveloped,To M F b 7/17/2013 R NMI s 6. Re-designate and/or rczunne land to cnnanm rn` raml eategormes that do not allow residential ease. The r ion County could review existing rarrappin ,lnconslslencies and consider re-designating unating certain lands,particularly ,5 along U.S.I,within a caomimieu.clarl cat gory, i 8(XC U,CP sivendment rraWN Co mmmmmsanU 6 FL UM rihmm in Febpmy 2013 (DEO aWoved a m n&m nt&arnermmtmnlrmaa h eft et) BOCC as ople lU Y;aunudmilq creaft2 Gommmammm r(,W zonig distrkls Uan May 2.013 (DEO appinved wiendmml&waifingfor OaflvW pe6ad to ex rive) a . onnn ue land ateclmansnkm na nc �nms ta luncha intIoal undeveloped parcels and me en nluate la ndnd acquisition a naltes to balance growth management, ement, habitat.protection,retirement of development tights, reduction of density&intensity,future'build.-aunt of the Florida Keys,climate clwrunlle,sea level rise, affordable housing,etc. ,. i 7 7/17/ 013 insurance for development on vaaaaa saaau ad��a�erd Sauk federal la Af Vr carat land cont�aining��nn¢snnitalaonrrit%llul�hin � itat for fi d r all+ listed �� spec ..• 91 A RE"9,AP9"p9O OF WII W)ARD OF"ASNII WI AMMA.d kL L,d'NG(W T C1.at,CV N R NNW"It BOCC, AM D era NATWNAL n.AO10 JXN[�WANAJ rONSTRIK-" ON VACANT nwasnKs WUICR fXWTAAN CW1MP I[TABffAj BN B AMIUMMG "A" AMR rAKW,,74" PAn,XINIFFAS TO INMATE M.PWb94'P`j to JXXav ,.ONGME M, 11)A .'S tr Wf.j'"I'FMM"g7A'11'4W tl 9.Exercise the power of emaiaaawt dox nain and directly co nd °cels,to avoid increased acquisition isitionu costs � or payrrient of takings compensation. n. i 8 tl 7/17/201 of illl'I IIIIIIIIII III �, rf ��ll Illllllll �. 10.P'a ichaa e the tax,certificales and tax.deeds on properly with delinquent real estate taxes. Requires coordination n with the Monroe Osamu Property araaaiser's Office and the Monroe County Tax Collector, as IN 11.l.ns uve the 1bmt Impact Fax. jji)edicate ➢0%of current l cent ltnfranstructme ales Sur x( 211055(2)(C)12,F.S.). A 13 14tioly 0-01 a Tnerease �1e�Tax. ,jp . m 14.Establish a Special Taxing Aunthont ; 1 . xpl(ne a Toll On US 1. ter. .. p .... . tl 1 w� 7/ /2 1 ®Work with mon-g(Nerymmital organizations,such as the That for Public Lands and the Nature Co nsu..•var¢nc, ;W to saapple n t oven- mime!acquisition efforts. dhmp Ph * TP d �B�tlB y,,, tladffmftgb OMOdls 4o secure federal diog. • LPL Commojon Fundhq pmWn ",pow otlad Ooemant Jeolafiw and t i &Owsums to pubic funds for pft arW ImW omwmbm. • TH.oxpbn fwdM 8W baVdU o ® Tp fir; • 'rP"� t�d a @qm vrd �P �. 10 O - Z Vitia Fernandez From: Richard Boettger <rd.boettger@gmail.com> Sent: Thursday, July 18, 2013 4:18 PM To: Vitia Fernandez Subject: Public input today Dear Commissioners: Vitia, the ones I spoke on are in bold print. Today I will be speaking on policy and funding strategies. Below is the longer version of what will be shortened to fit in the time allowed. 1. Apply the principle of agency to have the state share in our legal defense, as we are enforcing their designation of us as an area of critical concern. As on page 3, the benefits to the state and nation argue for their contributing funds due to their deriving benefits. I feel sure your attorneys have considered this, and I would appreciate their explaining why the state has not assumed its responsibilities as the principal, so I can explain it to my readers. NOTE: I spoke to Mr. Schillinger and, yes, so far the state ha shared in legal actions and costs. But he said the agency relation has not been tested in court. I will do some research in this area to solidify our position 2. Identify county owned land buildable that might be exchanged for unbuildable parcels. While the quarter-billion dollars of value in land we need to acquire seems enormous, the School District alone has .4 billion in real property, and I'm sure the County owns similar amounts. There is a tendency of governmental bodies to hold onto too much property, or for too long after it has lost its purpose, as with the Harris School and the old Hickory House. Property not being currently used but held for mostly inertial reasons can be returned to our tax rolls. 3. Resell purchased properties, even at a substantial loss, to get them back on the tax rolls, and to return funding for more purchases. If the average $43,000 property could be sold for say $10,000, this should not be regarded as not a $30,000 "loss," but as found money, that continues to pay a dividend in tax revenues. I myself might spend that much to both own land that is part of our preservation heritage, and, as investor, aware that an ever-changing political and legal system might make it valuable in the future. Most likely it would revert to our estate upon our deaths, and our heir, the Community Foundation of the Florida Keys,would likely just return it to the County. 1 I 4. 1 would not be averse to the tax increases you propose. I doubt I speak for all multi-property owners with total values in the 7 figures, who are also registered Republicans, and it is probably a hard sell in Ocean Reef. And it is much easier to speak for myself than it would be in your position, as Commissioners, responsible to your constituents. But do not presume that we all hate all taxes. I am willing to pay more to maintain our heritage of conservation and limited growth. 5. Buy properties on installment, letting the current owners carry the note. For many, there would be substantial benefits under current tax law to spread out their capital gains,which would trigger a 15% tax if sold in a cash deal, but which for many would not be taxed if spread out over years. This would also set the price at what it is currently, avoiding the possible increases mentioned on page 3. Many more properties could be acquired at once, buffered from future inflation, and at current low interest rates. 6. For gaining the Commissioners' direction on proposed strategies, more direction would be contained in their offering more than a check or no check in each box. For example, on I and 2, it is hard to imagine anyone not checking the boxes. Rank-ordering is the best way to report priorities, but is quite difficult with 19 items (#5 has three). A useful compromise would be a zero-to-5 scale, with zero being no interest and 5 being great interest. Even if one or more Commissioners gave all zeroes and 5's, the finer-tuning of the others would help staff differentiate among close options. NOTE: By choosing "maybe" on some items, this was to some extent done. 7. Clearly encumber land from now on in property exchanges, if this is not already being done. I bought and sold my Key Haven property with the clear written understanding that it had a unpermitted downstairs enclosure. I bought and sold it with the knowledge that the law might change or not be enforced. It was in limbo in my ownership, so I retained its use, but the buyer then had to remove it later. No one purchasing property in Monroe County now should assume development rights, even those already granted, and legally rely on them. That we are in an Area of Critical Concern should be made legally clear and binding, to avert future legal challenges. I could not stay to speak on M-2 yesterday. I simply wanted to support Mayor Neugent's laudable proposal, and publicly laud him for using his expertise in marine science to identify a most worthy project out of the many proposals to accomplish the highly desired end of protecting our reef life. I would have also stated the point the Commissioner Murphy made, that if the Attorney General did not interpret a reef as a"zoological park,"the legislature should indeed amend the statute. It would in fact be good for Monroe to lead the way towards such an obvious and necessary application of the pro-nature intention of the statute to the most important natural habitat in Florida. 2