Resolution 093-2023 Resolution No. 093 - 2023
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA
RECOGNIZING THAT THE IMPLEMENTATION OF
ORDINANCE NO. 026-2022 HAS BEEN HAMPERED BY THE
LACK OF CAPACITY OF THE BUILDING DEPARTMENT TO
CONDUCT INSPECTIONS REQUIRED BY ORDINANCE 026-
2022 AND/OR 010-2012 AND RECOGNIZING THAT FOR
PROPERTIES THAT CLOSED BEFORE SEPTEMBER 1,
2023 WOULD HAVE A DEFENSE OF NON-AVAILABILITY
OF A CONDITION PRECEDENT AGAINST ANY CLAIM
ASSERTED BY A BUYER FOR NOT HAVING AN
INSPECTION.
Whereas, the Board of County Commissioners of Monroe County (the Board),
pursuant to its legislative authority under Article VI11, Section 1 of the Florida Constitution
and Chapter 125, Florida Statutes, enacted Ordinance 026-2022 on November 15, 2022;
and
Whereas, that Ordinance updated the inspection upon transfer requirement that
had been in existence since 2012 and which is currently codified in Section 122-15 of the
Land Development Code; and
Whereas, Section 122-15 of the Code imposes a requirement that prior to the
transfer of residential property that includes an elevated residential structure with below
base flood enclosed area, commonly referred to as a downstairs enclosure, that the
inspection of that downstairs enclosure be inspected by the county prior to transfer of
ownership; and
Whereas, Section 122-15 of the Code creates a private right of action for buyers
to seek damages and injunctive relief against sellers who fail to obtain such an inspection;
and
Whereas, Ordinance 026-2022 was passed by the Board on November 15, 2022
and became effective on or about March 7, 2023, when the statutory challenge period
required for land development regulations in the Florida Keys Area of Critical State
Concern expired without a challenge; and
Whereas, the Building Department currently lacks the capacity to conduct such
inspections and has not had that capacity for some period of time; and
Whereas, the Board finds that it would be equitable and in the best interests of the
community to recognize that a seller who sold a property which closed before September
17 2023 would have a defense of the non-availability of a condition precedent (i.e., county
transfer of ownership inspection) to establish the cause of action for claims brought by a
buyer against a seller pursuant to Ordinance 026-2022 and/or 010-2012.
Now therefore, be it resolved by the Board of County Commissioners of
Monroe County, Florida that:
1. The above-stated recitals are incorporated herein as findings of fact.
2. A seller who sold a property which closed before September 1, 2023 would
have a defense of the non-availability of a condition precedent (county flood
compliance inspection) to establish the cause of action for claims brought by a
buyer against a seller pursuant to Ordinance 026-2022 and/or 010-2012.
3. This resolution should be construed liberally in favor of the seller asserting this
defense as a complete defense to claims brought pursuant to Ordinance 026-
2022 and/or 010-2012.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 22nd day of March, 2023 held in Key Largo,
Florida.
Mayor Craig Cates Yes
Mayor Pro Tern Holly Merrill Raschein Yes
Commissioner Michelle Lincoln Yes
,,, 0,/ ,,IQ Commissioner James K. Scholl Yes
�-7 l�_i' �� Commissioner David Rice Yes
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BOARD OF COUNTY COMMISSIONERS
Aftt;aE' (�f MADOK, Clerk OF MONRO �+ UNTY, FLORIDA
By: dam'✓ By: 1%.' :
As Deputy Clerk Mayor
Ap roved for form AndII
eal sufficie:nbi�(tally signed by Robert B.Shillinger
R o e rt B. Shi linger
DN:cry Robert B.Shillinger,o=gMonroe County BeOCC,tyu=gMonroe
Coun Attorne,email=shillin er-bob@monroecoun fl. ov,c=US
j Date:2023.03.24 14:46:39-04'00'
Robert Shillinger, Monroe County Attorney = -
.,.: