Item P5 P5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
December 13, 2023
Agenda Item Number: P5
2023-1833
BULK ITEM: No DEPARTMENT: Building and Permitting
TIME APPROXIMATE: STAFF CONTACT: Reynaldo Ortiz
9:00 am
AGENDA ITEM WORDING: A public hearing to consider an Ordinance Amending Monroe County
Code Chapter 6, Article II, Division 3, Subdivision II, Section 6-102, Permit Application Time
Limitations to be consistent with the Florida Building Code.
ITEM BACKGROUND:
Florida Building Code Section 105.3.2 authorizes the Building Official to grant one or more extensions
of time for additional periods not exceeding 90 days each and provides that a building permit
application shall be deemed abandoned 180 days after the date of filing, unless such application has
been pursued in good faith or a permit has been issued.
Monroe County Code Section 6-102 does not currently grant leeway for permits pursued in good faith
and allows for only one 90-day extension to be authorized by the Building Official.
The ability of the Building Official to approve one or more extensions of time for additional periods not
exceeding 90 days each will allow permit applications pursued in good faith a fair opportunity to
proceed through the permitting process.
This update to Monroe County Code Section 6-102 would make it consistent with the Florida Building
Code.
PREVIOUS RELEVANT BOCC ACTION:
Monroe County Code Section 6-102 was originally adopted by Monroe County BOCC as Section 6-19
on April 17, 2002, Ordinance 010-2002.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
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STAFF RECOMMENDATION: Approval of Ordinance
DOCUMENTATION:
Business—Impact Estimate_90_day_extension (1).pdf
Ordinance -2023—Permit_Application—Extension Chapter 6_.pdf
FINANCIAL IMPACT:
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AOIIU,
BUSINESS IMPACT ESTIMATE'
Meeting Date: 12/13/23
Proposed Ordinance Title/Reference:AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 6-102,PERMIT
APPLICATION TIME LIMITATIONS, TO DIFFERENTIATE BUILDING PERMIT
APPLICATIONS THAT HAVE BEEN PURSUED IN GOOD FAITH AND TO ALLOW FOR
MULTIPLE 90 DAY EXTENSIONS FOR BUILDING PERMIT APPLICATIONS;PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY
OF STATE;PROVIDING FOR CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE.
The Proposed Ordinance 0 does ❑ does not fall under one of the following enumerated
exceptions:?
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other financial
assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
0 The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders,development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or
d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
Florida Building Code Section 105.3.2 provides that a building permit application
shall be deemed abandoned 180 days after the date of filing,unless such application has
been pursued in good faith or a permit has been issued. This update to Monroe County Code
Section 6-102 would be consistent with the Florida Building Code by allowing multiple 90-
day extensions.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:n/a
b. New Charges/Fees on Businesses Impacted:n/a
c. Estimate of Regulatory Costs:n/a
Good Faith Estimate of Number of Businesses Likely Impacted:
Any Additional Information:
'Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
2 F.S.125.66(3)(c)(2023)
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ly�
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2023
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 6-102, PERMIT APPLICATION
TIME LIMITATIONS, TO DIFFERENTIATE BUILDING
PERMIT APPLICATIONS THAT HAVE BEEN PURSUED IN
GOOD FAITH AND TO ALLOW FOR MULTIPLE 90 DAY
EXTENSIONS FOR BUILDING PERMIT APPLICATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Florida Building Code Section 105.3.2 authorizes the Building Official to
grant one or more extensions of time for additional periods not exceeding 90 days each;
and
WHEREAS, Florida Building Code Section 105.3.2 provides that a building permit
application shall be deemed abandoned 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued; and
WHEREAS, Monroe County Code Section 6-102 was originally adopted by Monroe
County prior to the creation of Florida Building Code Section 105.3.2; and
WHEREAS, Monroe County Code Section 6-102 does not currently grant leeway for
permits pursued in good faith and allows for only one 90-day extension to be authorized
by the Building Official; and
WHEREAS, the ability of the Building Official to approve one or more extensions of time
for additional periods not exceeding 90 days each will allow permit applications pursued
in good faith a fair opportunity to proceed through the permitting process; and
WHEREAS, the Board of County Commissioners seeks to update Monroe County Code
Section 6-102 to be consistent with the Florida Building Code.
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NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. —Recitals and Legislative Intent. The foregoing recitals, findings of
fact, statements of legislative intent, and conclusions of law are true and correct and are
hereby incorporated as if fully stated herein.
Section 2. —Amendment. Section 6-102 of Chapter 6, Article 11, of the Code
of Ordinances of Monroe County is hereby amended as follows (deletions are stricken
through; additions are underlined):
Sec. 6-102. -Permit application time limitations.
(a) Time limitations on permit application. Unless the permit has been issued or the
approved permit application has been entered into the permit allocation system
process as provided for under part 11 of this Code, an application for a permit shall
be deemed to have been abandoned and become null and void 180 days
after the date of filing for the permit, unless such application has been pursued in
good faith or a permit has been issued. ept as othe 4se idea f r i this-
ehapte n e time e—xtens:o a er-ioa of not ,,, o than 90 da ff Qne or more
extensions of time for additional periods not exceeding9 0 days each may be
authorized by the Building Official provided that the extension is requested in
writing and justifiable cause is demonstrated, along with a nonrefundable fee.
(b) Notification of ready permit. The Building Department shall notify the permit
applicant for principal structures that the permit is ready to be issued (the "ready
permit"). In the case of applications within the permit allocation system, as
governed by part 11 of this Code, notification shall be by certified mail to the name
and address given by the applicant on the application. For all other permit
applications, notice may be verbal or written as appropriate.
(c) Expiration of ready permits. In the case of permit applications within the permit
allocation system, ready permits that are not picked up within 60 days of the
notification by certified mail shall automatically expire and become null and void.
Except for demolition permits, all other permits that are ready but have not been
picked up shall automatically expire in accordance with the provisions of
subsection (a) of this section. In either case, to renew the expired permit a new
building permit application together with appropriate nonrefundable fees must be
submitted to the Building Department for approval.
Section 3.—Construction. The interpretation of this ordinance,and all provisions
of the Monroe County Codes, Comprehensive Plan, floodplain management regulations,
and Florida Building Code whose interpretation arises out of,relates to, or are interpreted
in connection with this ordinance,these being necessary for the health, safety, and welfare
of the residents of and visitors to Monroe County, shall be liberally construed to effectuate
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the public purpose(s) and policy(ies) hereof, and such interpretations shall be construed
in favor of the Monroe County BOCC, and such interpretation shall be entitled to great
weight in adversarial administrative proceedings, at trial, and on appeal.
Section 4.—Severability,Partial Invalidity, and Survival of Provisions. If any
provision of this ordinance, or any section, subsection, or part or portion thereof, is held
to be invalid or unenforceable by any administrative hearing officer or court of competent
jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
provision of this ordinance, or any remaining section(s), subsection(s), part(s), or
portion(s)thereof All other provisions thereof shall continue unimpaired in full force and
effect.
Section 5. — Repeal of Inconsistent Provisions. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict
herein. Such repeal shall not repeal the repealing clause of such ordinance or revive any
ordinance which has been repealed hereby.
Section 6. — Captions and Paragraph Headings. Captions and paragraph
headings, where used herein, are inserted for convenience only and are not intended to
descriptively limit the scope and intent of the particular paragraph or text to which they
refer.
Section 7. — Inclusion in the Monroe County Code of Ordinances. The
provisions of this ordinance shall be included and incorporated into the Code of
Ordinances of Monroe County, Florida, and shall be numbered to conform with the
uniform numbering system of the Code.
Section 8. — Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida and shall become effective as provided by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , 2023.
Mayor Holly Merrill Raschein
Mayor pro tem James K. Scholl
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner David Rice
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
KELLY DUGAN
ASSISTANT COUNTY ATTORNEY
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