Item J7 J7
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
October 16, 2024
Agenda Item Number: J7
2023-3130
BULK ITEM: Yes DEPARTMENT: Building and Permitting
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis
N/A
AGENDA ITEM WORDING: Discussion and approval of a Resolution of the Monroe County
Board of County Commissioners Approving the Extension of Time for Certain Issued Building Permits
Based on Permit Holders' Reliance on Executive Orders 24-156 and 24-157 Related to Hurricane
Debby Issued by Governor DeSantis, as Monroe County was removed from these Executive Orders by
Executive Order 24-158.
ITEM BACKGROUND:
In August, 2024, Governor DeSantis issued Executive Orders 24-156 and 24-157, and 24-158 related to
Hurricane Debby; and while E.O. 24-156 and 24-157 included Monroe County in the declared State of
Emergency, E.O. 24-158 amended 24-156 and removed Monroe County from the State of Emergency.
Certain permit holders in Monroe County had relied upon E.O. 24-156 and 24-157 as an apparent valid
option for extending the expiration of their issued building permits pursuant to Section 252.363, Florida
Statutes. Several owners of ROGO permits who applied for a Hurricane Debby extension and were
reasonably unaware that E.O. 24-158 would invalidate that option, are now faced with potential
expiration of the permits when the Hurricane Debby extension is rescinded based on E.O. 24-158 (as
required by law). Those permits that are tied to ROGO allocations possess an additional hardship as the
expiration of the associated building permit would result in the loss of the ROGO allocation.
Some ROGO permits in this situation are now eligible for a statutory extension under Executive Orders
24-208 and 24-209 (Potential Tropical Cyclone Nine / Hurricane Helene; issued September 23&24,
2024) as an alternative. For those that would have an expiration date prior to September 23, 2024, this is
not an option.
Staff is recommending the BOCC approve an automatic 30-day extension for those ROGO-related
issued permits for which the Monroe County Building Department received, no later than September 27,
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2024, a request for permit extensions associated with Executive Orders 24-156 or 24-157, and which
have expired prior to September 23, 2024. The 30-day extension will allow such permits to be eligible
for an extension under E.O. 24-208 and 24-209 (Hurricane Helene) as an alternative.
PREVIOUS RELEVANT BOCC ACTION:
None
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution—Related—to—Permit—Extensions—from—Hurricane—Debby.pdf
FINANCIAL IMPACT:
N/A
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2 RESOLUTION NO. -2024
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE EXTENSION OF TIME FOR
6 CERTAIN ISSUED BUILDING PERMITS BASED ON PERMIT HOLDERS'
7 RELIANCE ON EXECUTIVE ORDERS 24-156 AND 24-157 RELATED TO
8 HURRICANE DEBBY ISSUED BY GOVERNOR DESANTIS AS MONROE
9 COUNTY WAS REMOVED FROM THESE EXECUTIVE ORDERS BY
10 EXECUTIVE ORDER 24-158.
11
12 WHEREAS, the Office of the Governor of the State of Florida issue Executive Orders from time to
13 time,which includes emergency management purposes; and
14
15 WHEREAS, Governor DeSantis issued Executive Orders 24-156, 24-157, and 24-158 related to
16 Hurricane Debby, and while 24-156 and 24-157 included Monroe County, 24-158 amended 24-156 and
17 removed Monroe County from the State of Emergency; and
18
19 WHEREAS, Section 252.363, Florida Statutes,provides for tolling and extension of certain permits
20 based upon the declaration of a state of emergency issued by the Governor for a natural emergency; and
21
22 WHEREAS, certain permit holders in Monroe County had relied upon 24-156 and 24-157 as an
23 apparent valid option for extending their issued permits, specifically those with the additional restrictions
24 associated with being ROGO-related permits,and were reasonably unaware that 24-158 would invalidate that
25 option; and
26
27 WHEREAS, the BOCC finds that is reasonable and prudent to provide these certain permit holders
28 with an additional 30 calendar days to act on their issued permits, thereby allowing for application to
29 Executive Orders 24-208 and 24-209,related to Potential Tropical Cyclone Nine (Hurricane Helene); and
30
31 WHEREAS, those permits that are tied to ROGO allocations possess an additional hardship
32 as the expiration of the associated building permit would result in the loss of the ROGO allocation;
33 and
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
37
38 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set
39 forth herein.
40
41 Section 2. Construction and Interpretation.This Resolution is necessary for the health,safety,
42 and welfare of the residents of and visitors to the county.This Resolution and its interpretation shall be liberally
43 construed and enforced in favor of Monroe County to effectuate its County public purpose(s).The construction
44 and interpretation of this Resolution and all Monroe County Comprehensive Plan provision(s), Florida
45 Building Code, Florida Statutes, and Monroe County Code(s)provision(s) whose interpretation arises out of,
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I relates to,or is interpreted in connection with this Resolution shall be liberally construed and enforced in favor
2 of Monroe County and such construction and interpretation shall be entitled to great weight in adversarial
3 administrative proceedings, at trial, bankruptcy, and on appeal. To the extent of any conflict within one or
4 more part(s),portion(s),or section(s)within this Resolution and to the extent of any conflict within any part(s),
5 portion(s), or section(s) of this Resolution vis-a-vis any prior representation or agreement of any kind,
6 approval, development order, development permit, letter of understanding, or letter of development rights
7 determination,the more restrictive is deemed to be controlling.
8
9 Section 3. No Liability. Monroe County expressly reserves and in no way shall be deemed to
10 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
11 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
12 liability.
13
14 Section 4. Non-Reliance by Third-Parties.No person or entity shall be entitled to rely upon the
15 terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party claim(s) or
16 entitlement(s) to or benefit(s) of any term(s) contemplated hereunder.
17
18 Section 5. Severability.If any provision of this Resolution,or any part or portion thereof,is held
19 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
20 invalidity or unenforce ability of such provision, or any part or portion thereof, shall neither limit nor impair
21 the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or
22 portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall
23 continue unimpaired in full force and effect.
24
25 Section 6. The Monroe County Board of County Commissioners hereby extends the expiration
26 date of ROGO-related issued permits for which the Monroe County Building Department received, no later
27 than September 27, 2024, a request for permit extensions associated with Executive Orders 24-156 or 24-157,
28 and which have expired prior to September 23,2024,for a period of 30 calendar days;to provide those certain
29 permit holders with an additional time to act on their issued permits, thereby allowing for submittal of an
30 extension application to the Monroe County Building Department associated with Executive Orders 24-208
31 and 24-209,related to Potential Tropical Cyclone Nine (Hurricane Helene).
32
33 Section 7. The professional staff of the Monroe County Planning and Environmental Resources
34 and Building Departments are hereby authorized to contact these certain permit holders and advise them of
35 this Resolution and actions available to them on these subject issued permits.
36
37 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
38 duly noticed regularly scheduled public meeting held on the 16'day of October, 2024.
39
40 Mayor Holly Merrill Raschein
41 Mayor Pro Tem Jim Scholl
42 Commissioner Craig Cates
43 Commissioner Michelle Lincoln
44 Commissioner David Rice
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I BOARD OF COUNTY COMMISSIONERS
2 OF MONROE COUNTY, FLORIDA
3
4 By:
5 Mayor Holly Merrill Raschein
6 (SEAL)
7
8 ATTEST: KEVIN MADOK, CLERK
9
10
11
12 AS DEPUTY CLERK
13
14
15 MONROE COUNTY ATTORNEY'S OFFICE
16 APPROVED AS TO FORM
17
18
19 KELLY DUGAN
20 ASSISTANT COUNTY ATTORNEY
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