Item O02 02
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
August 21, 2024
Agenda Item Number: 02
2023-2722
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Nathalia M. Archer/Bob Shillinger
AGENDA ITEM WORDING:
Discussion and direction regarding the use of accumulated surplus Tourist Development Tax and
Tourist Impact Tax revenues collected through September 30, 2024, in an amount not to exceed $35
million. for the purpose of providing housing that is affordable and available to employees of private
sector tourism-related businesses in the County in accordance with Ch. 2024-219, Laws of Fla.
ITEM BACKGROUND:
Chapter 2024-219, Laws of Florida, (SB 1456), was signed by the Governor and became effective on
July 1, 2024. It provides that counties designated as Areas of Critical State Concern (ACSC) which levy
both a tourist development tax pursuant to F.S. 125.0104 and a tourist impact tax pursuant to F.S.
125.0108 may use any accumulated surplus from such taxes collected through September 30, 2024 for
purposes of providing housing that is Affordable, as defined in F.S. 420.0004 for employees of private
sector tourism-related businesses in the county, whether held by the county directly or by a land
authority in the county, created pursuant to F.S. 380.0663.
The accumulated surplus may not exceed $35 million. Any housing financed with funds from the
surplus must remain affordable, as defined in F.S. 420.0004 for a period of no less than 99 years. The
term "accumulated surplus" means the accumulated excess of revenue over expenditure from prior
years which has not been set aside for a specific purpose. Expenditure of such funds is subject to
approval by a majority vote of the BOCC.
At the May 15, 2024, BOCC meeting, the BOCC approved Ordinance 018-2024 which authorized
"accumulated surplus" funds to be transferred to an account to be held directly by the County or Land
Authority for use in accordance with the legislation. The Ordinance also provides that the expenditure
of such "accumulated surplus" funds is subject to approval by a majority vote of the BOCC. The
ordinance also provides that BOCC will adopt a policy or resolution setting forth the process for
distribution and expenditure of the accumulated funds for affordable housing in accordance with the
conditions as set forth in Chapter 2024-219, Laws of Florida.
2272
Staff is requesting discussion and direction regarding the process for distribution and expenditure of the
accumulated funds for affordable housing in accordance with the conditions as set forth in Chapter
2024-219, Laws of Florida.
PREVIOUS RELEVANT BOCC ACTION:
At the April 17, 2024, BOCC meeting, the Board directed staff to prepare an ordinance to allow for the
authorized use of Tourist Development and Tourist Impact Tax revenues as set forth in SB 1456.
At the May 15, 2024, BOCC meeting, the Board approved Ordinance No. 018-2024 which authorized
"accumulated surplus" funds to be transferred to an account to be held directly by the County or Land
Authority for use in accordance with provisions of SB 1456 with adoption of a policy or resolution
setting forth the process for distribution and expenditure of the accumulated funds to be approved by the
Board at a later date.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Discussion and Direction
DOCUMENTATION:
Monroe County Ordinance No. 018-2024
Ch. 2024-219, Laws of Fla.
FINANCIAL IMPACT:
Discussion has no fiscal impact.
2273
ORDINANCE NO. 018 -2024
AN UNCODIFIED ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS (BOCC) OF MONROE
COUNTY, FLORIDA, AUTHORIZING THE USE OF
ACCUMULATED SURPLUS FROM TOURIST
DEVELOPMENT TAX AND TOURIST IMPACT TAX
REVENUES COLLECTED THROUGH SEPTEMBER 30,
2024 NOT TO EXCEED $35 MILLION, WHETHER HELD
BY THE COUNTY DIRECTLY OR BY THE LAND
AUTHORITY IN THE COUNTY FOR THE PURPOSE OF
PROVIDING HOUSING THAT IS AFFORDABLE,
AVAILABLE TO EMPLOYEES OF PRIVATE SECTOR
TOURISM-RELATED BUSINESSES IN THE COUNTY IN
ACCORDANCE WITH CS/CS/SB 1456; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature passed CS/CS/SB 1456 (SB 1456) on March 5, 2024; and
WHEREAS, SB 1456 provides for counties, which are designated as an Areas of Critical
State Concern (ACSC) and which levy both a tourist development tax pursuant to F.S.. 125.0104
and a tourist impact tax pursuant to F.S. 125.0108, may use any accumulated surplus from such
taxes collected through September 30, 2024, not to exceed $35 million, whether held by the
county directly or by a land authority in the county created pursuant to F.S. 380.0663 for
purposes of providing housing that is "affordable", as that term is defined in F.S. 420.0004, and
on the condition that said housing is available to employees of private sector tourism-related
businesses in the county; and
WHEREAS, SB 1456 further provides that any housing financed with funds from the
surplus may be used only to provide housing that is affordable, as that term is defined in F.S.
420.0004 for a period of no less than 99 years; and
WHEREAS, SB 1456 further provides that expenditure of such funds is subject to
approval by a majority vote of the BOCC and defines the term "accumulated surplus"to mean
the accumulated excess of tourist development tax revenue and/or tourist impact revenue over
expenditure from prior years which has not been set aside for a specific purpose; and
WHEREAS, at the April 17, 2024, BOCC meeting, the BOCC directed staff to draft an
ordinance implementing the requirements of SB 1456; and
WHEREAS, if Governor DeSantis signs SB 1456 or it otherwise becomes law, it will
become effective July 1, 2024; and
WHEREAS, in anticipation of SB 1456 becoming law, this ordinance is being placed
before the Board of County Commissioners (BOCC) for approval and to authorize for these
"accumulated surplus" funds to be transferred to an account to be held directly by the County or
Land Authority and authorized for use in accordance with SB 1456; and
Page 1 of 4
2274
WHEREAS, the expenditure of such"accumulated surplus"funds is subject to approval
by a majority vote of the BOCC; and
WHEREAS, the Board adopted Ordinance 011-2023 at its June 21, 2023, meeting which
established a separate account established for special public facility projects which was at that
time anticipated to be expanded by legislation to include affordable housing; and
WHEREAS, a policy was also adopted regarding how the special public facilities fund
will be funded which is being revised to allow for funds to be used as set forth in SB 1456; and
WHEREAS, with the passage of SB 1456, the policy for"special public facilities"
projects will be revised as needed to authorize for "accumulated funds"to be used for the
affordable housing in accordance with SB 1456; and
WHEREAS, the separate account for special public facilities will remain in place under
the tourist management plan and in accordance with the revised policy; and
WHEREAS, the BOCC will adopt a policy or resolution setting forth the process for
distribution and expenditure of the accumulated funds for affordable housing in accordance with
the requirements as set forth in SB 1456; and
WHEREAS, because this ordinance is intended to implement legislation that is limited
to the use of certain funds accumulated by September 30, 2024, the Board finds no purpose
would be served by codifying this ordinance into the Monroe County Code of Ordinances.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: The Monroe County Board of County Commissioners (BOCC) hereby,
1. Finds Monroe County, is designated as Areas of Critical State Concern (ACSC)that
levies a tourist development tax pursuant to s. 125.0104, Florida Statutes and a tourist
impact tax pursuant to s. 125.0108, Florida Statutes;
2. Authorizes accumulated surplus from such taxes collected through September 30, 2024,
not to exceed $35 million, whether held by the County directly or by the Monroe County
Comprehensive Plan Land Authority to be used for purposes of providing housing that is:
(a) "Affordable" as that term is defined in F.S. 420.0004; and
(b) Available to employees of private sector tourism-related businesses in the county.
3. Any housing financed with funds from the surplus may be used only to provide housing
that is affordable, as defined in F.S. 420.0004, for a period of no less than 99 years.
Page 2 of 4
2275
4. Expenditure of such funds for projects must be approved by a majority vote of the
BOCC.
5. The term "accumulated surplus" means the accumulated excess of revenue over
expenditure from prior years which has not been set aside for a specific purpose.
6. The BOCC will adopt a policy or resolution setting forth the process for distribution and
expenditure of accumulated funds for affordable housing in accordance with the
conditions as set forth in SB 1456.
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or
declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining
portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable
to any person,property or circumstances, such holding shall not affect its applicability to any other
person, property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: TRANSMITTAL. This Ordinance shall be filed with the Department of State.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be effective on July 1, 2024 provided
that SB 1456 has become law.
SECTION 6: CODIFICATION. The Clerk shall transmit this ordinance to the Municipal Code
Corporation for publication on the appropriate website but Municipal Code Corporation is
directed NOT to codify this ordinance in the Monroe County Code of Ordinances.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 15th day of May 2024.
Mayor Holly Merrill Raschein, District 5 Yes
Mayor Pro Tem James K. Scholl, District 3 Yes
Commissioner Craig Cates, District 1 Yes
Commissioner Michelle Lincoln, District 2 Yes
Commissioner David Rice, District 4 Yes
Page 3 of 4
2276
(SEAL)„ BOARD OF COUNTY COMMISSIONERS
4gAttestlTIiv MADOK,Clerk OF MONROE COUNTY, FLORIDA
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IF
� h� ✓ ft may'{ �d3 �is _ _ _
By; '
n Apeput Clerk Mayor
Approved for legal,sufficiency:
MONROE COUNTY ATTORNEY _
SPPAgV-P AS TO FOMI:
CHRISTINE LIMBERT,BARROWS -' -- - - - -
'ASSISTANT COUNTY.ATTORNEY -
- _.DATE.-5L17/24 -
Christine Limbert-Barrows
Sr. Assistant County Attorney
Monroe County Attorney's Office
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Page 4 of 4
2277
�V� N
Keys\em s xom
IKEY IZEN
IN/Inny Isla.11dsvoll€; Wic€,
The Florida Keys Only Daily Newspaper Est, 1876
PO Box 1800,Key West Ft.33041
P:(941)206-1025 F:(305)294-0168
fegats@keysnews.com
MONROE CO TOURIST DEVELOPMENT
COUNCIL
1201 WHITE ST# 102
KEY WEST FL 33040-3328
Account: 419561 Ticket: 3928037
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE Dated at Key West,Florida,this 4thday
NOTICE IS HEREBY GIVEN TO WHOM IT (S May, 024.
(SEAL)KEVIN MADOK,Clerk of the Cir-
Befare the undersigned authority personally appeared MAY CONCERN that on May 15,2024, cuit Court and
at 9:00 A.M.or as soon thereafter as Ex Officio Clerk of the Board of Coun-
the matter may be heard,at the Har- ty Commissioners of Monroe County,
vey Government Center, 1200 Truman Florida
Jill Kelli D}Benedetto ,who on oath says that he or she is Avenue, Key West, Florida,the Board 05/04/24-KWC
of County Commissioners of Monroe 419561 3928037
County, Florida, Intends to consider
The legal advertising representative of the Key West Citizen, a five day newspa- adopting the fallowing ordinance:
per published in Key West,in Monroe County, Flo6cla;that the attached copy of AN UNCODIFIED ORDINANCE OF THE
advertisment,being a legal notice in the matter of NOI TDC Surplus Ordinance BOARD OF COUNTY COMMISSIONERS
(BOCC} OF MONROE COUNTY, FLOR-
was published in said newspaper in the issues of: IDA, AUTHORIZING THE U SE OF AC-
CUMULATED SURPLUS FROM TOUR-
IST DEVELOPMENT TAX AND TOURIST
Saturday, May 4,2024 IMPACT TAX REVENUES COLLECTED
THROUGH SEPTEMBER 30, 2024 NOT
TO EXCEED $35 MILLION, WHETHER
HELD BY THE COUNTY DIRECTLY OR BY
Affiant further says that the Key West Citizen is a newspaper published in Key THELAND
AUTHORITY I PHVOH�F PURPOSE OOv
West,in said Monroe County, Florida and that the said newspapers has hereto- HOUSING THAT I5 AFFORDABLE,AVAIL-
fore been continuously published in said Monroe County,Florida Tuesday thru ABLE TO EMPLOYEES OF PRIVATE SEC-
Saturday weekly,and has been entered as periodicals matter at the post office in THE COUNTY1 INLACCORDA14CESWITH
Key West, in said Monroe County,Florida,for a period of 1 year next preceding CSICS15B 1455;PROVIDING FOR SEVER•
the first publication of the attached copy of advertisement;and affiant further says ABILITY, PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT
that he or she has neither paid nor promised any person,firm or corporation any HEREWITH AND PROVIDING AN EFFEC•
discount,rebate,commission or refund for the purpose of securing this advertise- TIVE DATE.
ment for publication in the said newspaper. The proposed ordinance may be In-
spected by the public at the Monroe
County webs Ile by viewing the agenda
packet for the May 15,2024, meeting,
which will be ht posted beginningrtt on May
9,2024 at:http:llmonraecauntyfl.lgm2,
conttcitizensklefault.aspx. The ordl-
(Signaturo of Affiant) nance may also be viewed at the Mon-
roe County Attorney's office at 1111 12
Affirmed and subscribed before me this 17th day of May 2024 th St.Ste.408 Key West,FL 33040.
The ppublic can partldpate In the May
15, meeting of the Board of
County Commissioners of Monroe
(Notary Public Signature) County, FL by attending In person or
via Zoom.The zoom link can be found
In the agenda at httpJlmonroecounty-
L_aura M Robins fl,igm2.comlcitlzens/de€auit.aspx.
(Notary Public Printed Name) (Notary Seal) ADA ASSISTANCE:If you are a person
with a disability who needs special
M commission expires 9f26/2026 accommodations In order to particle
Y p pats In this proceeding,please contact
the County Administrator's Office, by
photting (305)252.4441,between the
Personal) Known X Produced Identification_ hours of 8:30aum—S:ODp.m., prior to
Y the scheduled meeting;If you are hear-
ing or volco•Impalred,call"711", Live
Type of Identification Produced Closed-Captioning is available via our
YP (Notary l Y Seal) web portal 0 Itttp:/Imonroecounty-
fl.ignt2.com/Citlzens/Default.aspx for
al ak1 all Florida of the Monroe County Board
F?oEary PtAIIG
GB4l hR f d all F of County Commissioners.
11C I.Iy�pmrrtls6iofi FiM�82636
Expi(es 11.2$12026
2278
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
May 20, 2024
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Uncodified Ordinance No. 018-2024 of the Board of County
Commissioners of Monroe County, Florida, authorizing the use of accumulated surplus from
Tourist Development Tax and Tourist Impact Tax Revenues collected through September 30,
2024 not to exceed $35 Million, whether held by the County directly or by the Land Authority in
the County for the purpose of providing housing that is affordable, available to employees of
private sector tourism-related businesses in the County in accordance with CS/CS/SB 1456;
providing for severability;providing for the repeal of all Ordinances inconsistent herewith and
providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on May 15, 2024. Should you have any questions please
feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Liz Yongue, Deputy Clerk
cc: County Administrator
County Attorney
MuniCode
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
2279
irr '
pw'
I FLORIDA DEPARTMENT Of'STAT'E"
RON DESANTIS CORD BYRD
Governor Secretary of State
May 21, 2024
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Kevin Madok,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 018-2024, which was filed in this office on May 20,
2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
MJH/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 2280
CHAPTER 2024-219
Committee Substitute for
Committee Substitute for Senate Bill No. 1456
An act relating to counties designated as areas of critical state concern;
amending s. 380.0552, F.S.; adding certain requirements to local compre-
hensive plans relating to a hurricane evacuation study; amending s.
380.0666, F.S.; revising the powers of the land authority; providing
requirements for conveying affordable housing homeownership units;
providing lien status prioritization for certain purposes; amending s.
420.9075, F.S.; excluding land designated as an area of critical state
concern within a specified timeframe from award requirements made to
specified sponsors or persons for the purpose of providing eligible housing
as a part of a local housing assistance plan; providing for expiration and
retroactive applicability; authorizing counties that have been designated
as areas of critical state concern to use specified tourist development tax
and tourist impact tax revenue for affordable housing for certain employ-
ees; requiring that housing financed with such funds maintain its
affordable housing status for a specified timeframe; requiring that the
expenditure of certain funds be subject to approval by a majority vote of
the board of county commissioners of an eligible county; defining the term
"accumulated surplus"; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (a) of subsection (9) of section 380.0552, Florida
Statutes, is amended to read:
380.0552 Florida Keys Area; protection and designation as area of
critical state concern.—
(9) MODIFICATION TO PLANS AND REGULATIONS.—
(a) Any land development regulation or element of a local comprehensive
plan in the Florida Keys Area may be enacted, amended, or rescinded by a
local government, but the enactment, amendment, or rescission becomes
effective only upon approval by the state land planning agency. The state
land planning agency shall review the proposed change to determine if it is
in compliance with the principles for guiding development specified in
chapter 27F-8, Florida Administrative Code, as amended effective August
23, 1984, and must approve or reject the requested changes within 60 days
after receipt. Amendments to local comprehensive plans in the Florida Keys
Area must also be reviewed for compliance with the following:
1. Construction schedules and detailed capital financing plans for
wastewater management improvements in the annually adopted capital
improvements element, and standards for the construction of wastewater
treatment and disposal facilities or collection systems that meet or exceed
1
CODING: Words sin are deletions; words underlined are additions. 2281
Ch. 2024-219 LAWS OF FLORIDA Ch. 2024-219
the criteria in s. 403.086(11)for wastewater treatment and disposal facilities
or s. 381.0065(4)(1) for onsite sewage treatment and disposal systems.
2. Goals, objectives, and policies to protect public safety and welfare in
the event of a natural disaster by maintaining a hurricane evacuation
clearance time for permanent residents of no more than 24 hours. The
hurricane evacuation clearance time shall be determined by a hurricane
evacuation study conducted in accordance with a professionally accepted
methodology and approved by the state land planning agency. For purposes
of hurricane evacuation clearance time:
a. Mobile home residents are not considered permanent residents.
b. The City of Key West Area of Critical State Concern established by
chapter 28-36, Florida Administrative Code, shall be included in the
hurricane evacuation study and is subject to the evacuation requirements
of this subsection.
Section 2. Subsection (14) is added to section 380.0666, Florida Statutes,
to read:
380.0666 Powers of land authority.—The land authority shall have all
the powers necessary or convenient to carry out and effectuate the purposes
and provisions of this act, including the following powers, which are in
addition to all other powers granted by other provisions of this act:
(14) For affordable housing homeownership units, to require compliance
with the income requirements under paragraph (3)(a) at the time of
conveyance each time a unit is conveyed. The original land authority
funding or contribution shall be memorialized in a recordable perpetual deed
restriction. If the purchase receives state or federal funding and that state or
federal funding program requires a priority lien position over the land
authority deed restriction, the land authority funding or contribution may be
subordinate to a first purchase money mortgage and the state or federal
funding lien.
Section 3. Paragraph (g) of subsection (5) of section 420.9075, Florida
Statutes, is amended to read:
420.9075 Local housing assistance plans; partnerships.—
(5) The following criteria apply to awards made to eligible sponsors or
eligible persons for the purpose of providing eligible housing:
(g)1. All units constructed, rehabilitated, or otherwise assisted with the
funds provided from the local housing assistance trust fund must be
occupied by very-low-income persons, low-income persons, and moderate-
income persons except as otherwise provided in this section.
2.a. At least 30 percent of the funds deposited into the local housing
assistance trust fund must be reserved for awards to very-low-income
2
CODING: Words sin are deletions; words underlined are additions. 2282
Ch. 2024-219 LAWS OF FLORIDA Ch. 2024-219
persons or eligible sponsors who will serve very-low-income persons, and at
least an additional 30 percent of the funds deposited into the local housing
assistance trust fund must be reserved for awards to low-income persons or
eligible sponsors who will serve low-income persons.
b. This subparagraph does not apply to a county or an eligible
municipality that includes or has included within the previous 5 years an
area of critical state concern designated by the Legislature for which the
Legislature has declared its intent to provide affordable housing. This sub-
subparagraph expires on July 1, 2029, and applies retroactively.
Section 4. (1) A county that has been designated as an area of critical
state concern by law or by action of the Administration Commission
pursuant to s. 380.05, Florida Statutes, and that levies a tourist develop-
ment tax pursuant to s. 125.0104, Florida Statutes, and a tourist impact tax
pursuant to s. 125.0108, Florida Statutes, may use any accumulated surplus
from such taxes collected through September 30, 2024, not to exceed $35
million, whether held by the county directly or by a land authority in the
county created pursuant to s. 380.0663, Florida Statutes, for the purpose of
providing housing that is:
(a) Affordable, as defined in s. 420.0004, Florida Statutes; and
(b) Available to employees of private sector tourism-related businesses
in the county.
(2) Any housing financed with funds from the surplus described in
subsection (1) may be used only to provide housing that is affordable, as
defined in s. 420.0004, Florida Statutes, for a period of no less than 99 years.
(3) Expenditure of such funds is subject to approval by a majority vote of
the board of county commissioners for any such county designated as an area
of critical state concern.
(4) For purposes of this section, the term "accumulated surplus" means
the accumulated excess of revenue over expenditure from prior years which
has not been set aside for a specific purpose.
Section 5. This act shall take effect July 1, 2024.
Approved by the Governor May 31, 2024.
Filed in Office Secretary of State May 31, 2024.
3
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