Item K1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 19, 2006
Bulk Item: Yes X No
Division: Growth Management
Department: NI A
Staff Contact Person: Ronda Norman & Jose Papa
AGENDA ITEM WORDING:
A Resolution to extend the authority of the Growth Management Director to toll time limit requirements for
obtaining a building permit or required permit inspections for properties adversely impacted by the Court
ordered permanent injunction on the issuance of new flood insurance policies under the National Flood
Insurance Program pending resolution of same,
ITEM BACKGROUND:
On September 9, 2005, the U.S. District Court for the Southern District of Florida entered a permanent
injunction preventing the issuance of flood insurance policies for new residential and commercial development
commenced after September 9, 2005, until such time as the u.s. Fish and Wildlife Service has demonstrated
compliance with that Court's order of March 20, 2005. This injunction will have an adverse impact on many
property owners who have either received a ROGO allocation award to build a new home or have already
received a building permit to construct a new residence, who will be unable to obtain financing for construction
without flood insurance. The time limits in the County Code for obtaining a building permit under a ROGO
award is within 60 days of issuance, once the building permit is issued the applicant has 180 days to begin
construction unless the time limit is tolled pending resolution of the injunction.
Resolution No. 420-2005, passed on Nov. 16, 2005, granted authority to the Growth Management Division
Director to toll the time limits on the expiration of RaGa allocation awards and building permits for those
properties affected by the injunction, where the applicant or permit holder can provide written proof of the
denial of either flood insurance or financing due to the inability to obtain flood insurance. Resolution No. 420-
2005 expires on May 15, 2006, This resolution will extend the authority to toll the time limits for another 180
days from May 15,2006.
PREVIOUS RELEVANT BOCC ACTION:
On October 19, 2005, the Board directed staff to prepare a resolution to authorize tolling the time limits on
ROGO allocation awards and building permits,
Nov. 16, 2005-Passed Resolution No. 420-2005 authorizing staff to toll the time limits on building pemlits and
permit inspections until May 15. 2006.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: NI A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty l~
BUDGETED: Yes No
SOURCE OF ~FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing _ Risk Management _
~ /~ \
( /- .:' e/{/(j'r7n~ )
Ronda Norman --
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
RESOLUTION -2006
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA EXTENDING THE AUTHORITY OF THE
GROWTH MANAGEMENT DIVISION DIRECTOR
TO TOLL THE TIME LIMIT REQUIREMENTS FOR
OBTAINING A BUILDING PERMIT OR REQUIRED
PERlVIIT INSPECTIONS FOR PROPERTIES
ADVERSEL Y IMP ACTED BY THE COURT
ORDERED PERMANENT INJUNCTION ON THE
ISSUANCE OF NEW FLOOD INSURANCE
POLICIES UNDER THE NA TIONAL FLOOD
INSURANCE PROGRAM PENDING RESOLUTION
OF SAME, OR 180 DAYS FROM MAY 15, 2006,
\VHICHEVER FIRST OCCURS; DIRECTING THE
PLANNING DIRECTOR TO FORWARD A COPY OF
THIS RESOLUTION TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING FOR AN EFFECTIVE DA TE.
WHEREAS, the U.S. District Court for the Southern District of Florida entered a
permanent injunction preventing the Federal Emergency Management Agency ("FEMA")
from issuing flood insurance policies for residential and commercial development
commenced after September 9, 2005, until such time as U.S. Fish and Wildlife Service
has demonstrated compliance with that Court's prior order of March 20, 2005 (the
"FEMA Injunction"); and
WHEREAS, the Board of County Commissioners of Monroe County, Florida
makes the following findings of fact:
1. The U.S. District Court Orders referenced above have imposed severe
limitations on new construction for all but the most wealthy property owners in the
affected areas.
2. The Growth Management Division staff estimates that over 60 percent of the
applicants recently receiving ROGO allocation awards are adversely affected by the
inj uncti on.
3. Section 9.5-122.1(g), Monroe County Code provides that a ROGO allocation
award and corresponding building permit expires after sixty (60) days from the date of
the mailing of the notice of the allocation award unless it is picked up.
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4. The Florida Building Code and Section 6-20, Monroe County Code provides
that permits shall become null and void unless work authorized by the permit is
commenced within 180 days and, once commenced, required inspections are conducted
within ISO days from the last required inspection.
5. An unknown number of these applicants receiving a RaGa allocation award
or pennit holders may be financially unable to proceed with the financing and
construction of their homes without federally backed flood insurance.
6. It is uncertain how long the Court ordered injunction on issuance of flood
insurance under the National Flood Insurance Program will continue; however, it is
certain to have an adverse impact on those applicants who require this insurance to
construct new homes.
7. At the Board of County Commissioners' October 19, 2005, regularly
scheduled meeting, the Growth Management Division staff received conceptual approval
to prepare a resolution that will authorize the Growth Management Division to toll the
pennit time limits for those applicants with RaGa allocation awards and other pennit
holders who are unable to proceed with the financing and construction of their residential
proj eets.
8. At the Board of County Commissioners' November 16, 2005 scheduled
meeting, the Board passed Resolution No. 420-2005, directing the Growth Management
Director to toll time limit requirements for obtaining a building pennit or pennit
inspections for properties adversely impacted by the court ordered pennanent injunction
on the issuance of new flood insurance policies under the National Flood Insurance
Program pending resolution of same or 180 days whichever comes first.
9. Resolution of the Court Case is not foreseeable by May 15,2006, which is the
date of expiration for Resolution No. 420-2005.
10. The Growth Management Division staff has prepared this resolution to extend
the toll of time limit requirements for building pennits and pennit inspections for an
additional ISO days after May 15, 2006.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, Fl,ORIDA:
Section 1. The Growth Management Division Director or his designee is authorized
and directed to toll the time limits of Section 9.5-122.1 (g) and Section 6-20, Monroe
County Code for any applicant receiving a ROGO allocation award or building pennit
that meets the following criteria:
1) The property, which is the subject of the ROGO allocation award or
building pennit, is on the list of parcels subject to the Court ordered
injunction for new flood insurance; and
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2) The holder of the ROGO allocation award or building permit provides
written proof to the Building Department of the denial of either an
application for flood insurance for the subject property or denial of
financing by a lender due to the inability to obtain flood insurance.
Section 2. The applicable ROGO allocation award or building permit that meets the
criteria in Section 1 above will be tolled by the Growth Management Division Director
for an additional 180 days after expiration of Resolution No. 420-2005 or until the FEMA
Injunction is stayed or lifted, whichever comes first.
Section 3. This resolution shall be transmitted by the Director of Planning and
Environmental Resources Department to the Florida Department of Community Affairs
to determine the consistency of this ordinance with Chapter 380 ofthe Florida Statutes.
Section 4. This resolution shall be filed in the Office of the Secretary of State of the
state of Florida, but shall not become effective until approved by the Department of
Community Affairs or Administrative Commission.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regularly scheduled meeting of said Board held on the 19th day of April,
2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray Nelson
Commissioner Dixie Spehar
Commissioner George Nugent
Commissioner David Rice
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
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