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Item R10
R10 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: R10 2023-3142 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Nathalia M. Archer/Bob Shillinger N/A 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 Florida, directing staff to request input from TDC and individual cities related to potential projects that can utilize these funds. 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 and any housing financed with funds from the surplus must remain affordable 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 BOCC will adopt a policy or resolution setting forth the process for distribution and expenditure of the accumulated funds. 5579 At the August 21, 2024, BOCC meeting, the BOCC directed staff to bring back data and information to the Board concerning the collection of tourist tax revenues. Specifically, the Board requested data showing which DAC generated what percentage of revenue during the relevant FYs. The geographical boundaries of the five DACs are as follows: (1) District I shall encompass the city limits of Key West; (2) District II shall be from the city limits of Key West to the west end of the Seven Mile Bridge; (3) District III shall be from the west end of the Seven Mile Bridge to the Long Key Bridge; (4) District IV shall be between the Long Key Bridge and Mile Marker 90.939; and (5) District V shall be from Mile Marker 90.940 to the Dade/Monroe County line and any mainland portions of Monroe County. Additionally, the Board requested staff reach out to the Affordable Housing Advisory Committee (AHAC) and the Tourist Development Council (TDC). AHAC met on September 5, 2024, and again on October 1, 2024. At its September 5, 2024, meeting, AHAC discussed the surplus funds and indicated it wished to reconvene and discuss use of the funds after the TDC held its September 17th meeting. At its October 1, 2024, meeting, AHAC requested to hear from community stakeholders including the Key West/Monroe County Housing Authority at its next meeting which will be scheduled within the next month. Staff met with Mr. Sterling and he is willing to meet with AHAC, as well as the Board, to discuss ideas and projects the Housing Authority may be willing to develop. The TDC met on September 17, 2024, and is scheduled to meet again on October 29, 2024. The TDC had a preliminary discussion regarding use of the funds and indicated it wished to hear from certain stakeholders at its October meeting before having further discussion. Further, they requested the Key West/Monroe County Housing Authority Executive Director, Randy Sterling, attend their October 29 TDC meeting to inform the TDC membership of opportunities the Housing Authority could provide related to this important project. Staff met with Mr. Sterling and he is willing to meet with the TDC, as well as the Board, to discuss ideas and projects the Housing Authority may be willing to develop. The TDC members also requested information on the DAC distribution amounts. Staff recommends creating a list of questions to ask the TDC to gain their input on the types of housing units they believe the tourism industry employees need. A draft is attached for review. Finally, staff would like the BOCC to discuss whether they would like to seek input from the cities on their recommendations for projects that meet the requirements of this program. Staff is requesting additional discussion and direction prior to the next TDC meeting. This will assist in developing a process for distribution and expenditure of the $35 Million of accumulated funds for affordable housing in accordance with the conditions as set forth in Chapter 2024-219, Laws of Florida. *Items denoted in bold indicate updates from staff PREVIOUS RELEVANT BOCC ACTION: April 17, 2024 - 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. 5580 May 15, 2024 - 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. August 21, 2024 - Board directed staff to bring back information to the Board concerning the collection of tourist tax revenues. September 11, 2024 - Board directed staff to bring back information from the Affordable Housing Advisory Committee (AHAC) and the Tourist Development Council (TDC). INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Discussion and Direction DOCUMENTATION: Proposed Questions for Tourist Development Council- DRAFT for BOCC Discussion.pdf 4 Penny Revenue Report through 06.30.24 Tourist Development Tax Revenue History (2023) Ch. 2024-219, Laws of Fla. Monroe County Ordinance No. 018-2024 2024 Affordable Income Limits and Rates with 160%rental Historic DAC Funding with 5-year Average Florida Statute 420-0004 FINANCIAL IMPACT: Discussion has no fiscal impact. 5581 PROPOSED QUESTIONS FOR TOURIST DEVELOPMENT COUNCIL(TDC) The Board of County Commissioners (BOCC)are requesting Tourist Development Council(TDC)input on the type of housing the tourism industry needs to support their businesses. During the September 17, 2024 TDC meeting, the TDC discussed seeking input from key stakeholders for this purpose. Theydiscussed utilizinga formula similarto the District Advisory Committee(DAC)distribution of funds to determine where the set-aside of$35 Million should be allocated. County budget staff developed the following DAC summary. The geographical boundaries of the five DACs are as follows: (1) District I shall encompass the city limits of Key West; (2) District 11 shall be from the city limits of Key West to the west end of the Seven Mile Bridge; (3) District III shall be from the west end of the Seven Mile Bridge to the Long Key Bridge; (4) District IV shall be between the Long Key Bridge and Mile Marker 90.939; and (5) DistrictV shall be from Mile Marker 90.940 to the Dade/Monroe County line and any mainland portions of Monroe County. The following table demonstrates the revenue collections by DAC geographic area with a 5 year average: FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 5 Year Avg. 5 Year Avg. 35,000,000.00 District I Key West City Limits 21,608',004 15,531,397 26,297,561 32,874,464 28,560,353 24,974,355.81 48.19 ,, $ 16,868,243 District11 Stocklsland thru West End 7 Mile Bridge 2,540,800 2,389,279 4,669,268 5,497,642 4,998,998 4,019,197.40 7.76 ,D $ 2,714,657 District III West End 7Mile Bridge thru Long Key Bridge 6,345,179 5,843,212 10,402,078 12,457,157 11,390,883 9,287,701.80 17.92,D $ 6,273,123 District IV Lang Key Bridge thru Mile Marker 90.939 3,914,763 3,551,095 6,381,177 7,364,248 6,890,068 5,620,270.49 10.85,D $ 3,796,057 District V Mile Marker 90.939 to Dade County Line 5,548,793 4,847,758 8,872,905 10,723,599 9,596,380 7,917,887.06 15.28 ,D $ 5,347,920 39,957,538 32,162,741 56,622,990 68,917,111 61,436,683 51,819,412.56 $ 35,000,000 While these demonstrate the historic allocation of funds by DAC, it should be noted that land or potential development of affordable housing may make it impossible to build or fund housing projects, so some flexibility should be built into the recommended funding scenarios. For example, the TDC could recommend the County try to achieve a similar distribution as the 5-year average, with an allowance to spend funding from one DAC to an adjacent DAC. The funds are required to be spent to provide affordable housing (definition allows adjusted gross income of up to 120% of Area Median Income (AMI). The following tables demonstrate those limits for unincorporated Monroe County. It should be noted that each jurisdiction defines affordability differently and these differences will need to be reconciled to assure compliance with the requirements. Page 1 of 3 5582 Rental Affordable Housing Units flour o,e C,ounty 2024 Qualifying Income Limits hicoine Limits for Single Persons (INIC Lind Authority N use onl,y) HQUISehold Siz�e, Very Low Low I chall M.Oderate, 5011,11110 1 OOPIIII� 120%, 1 Person $41100 $66,850 S83,600 $100,3210 $133,760 2 Pe�rsons $47,700 $76,350, 95,400, $114,48 0, $152,640, 3 Persons $53,700 $8,549150 $1074400 $428,880 $171,M 4 Persons $591,650 $95,450, $119,3 00, $143,160, $190,880, 5 Persoms $64,450 $103,100 $128,900 $154,680 $206,240 6,Pe�rsons $69,200 $110,750 $13 8,40,0, $166,080, 221,41,40, 7 Penoms $74,OCO $1181,400 $148,000 $177,600 $2236,800 8 Pe�rsons $78,750 $126,000 $157,500, $189,000, $252,0GO, Per MCC S,1,01 I-Iffibidable Hmaing, Defautams (ANIC Land Authority Maximuin Alwithh, Rental Rates Very Low Low 'Mediall Mloderate, use Onhl U'llit Size 160P,"6 50% 80p"'i, 1.00% 120%, Efficiency $1,045 $1,671 $2,0910 $2,508 $3,344 1 bech-oom $1,193 $1,91019 $2,38v 2,862 $3,816, 2 bedrocms $1,343, $2,149, $2,6815 $3,222 $4,296, 3 bedroois, $1,491 $2,386, $2,983 '�3,579' $4,772 4+bedrocms $1,,6111 $2,578 $3,223 4-11S.13,867 $5,15,61 Per MCC§13 -I(b)(6)()and MCIC§10 1-I.Affiiji-dable Houffnf Defaunair. Page 2 of 3 5583 QUESTIONS FOR TDC TO ANSWER Given the maximum income requirement (120%of median),the BOCC is seeking formal input by the TDC on the type of housing recommended for this purpose. For example: 1. Which of the following types of units are needed?: a. 1 Bedroom/bath with shared kitchen b. 1 Bedroom/bath with private kitchen c. 1 Bedroom with shared kitchen and bath d. Family type units with multiple bedrooms/bathrooms e. Other 2. What type of employees would you like to see housed? Please rank in order of priority from 1-4. 1 being the highest priority and 4 being the lowest priority. Managers (keep in mind the income limits) Entry-level employees Single employees Employee members with dependents 3. Should the County purchase existing developments/units and deed restrict those units with the required income and rent limitations pursuant to Chapter 2024-219, Laws of Florida, (SB 1456)as required. 4. Should preference be given to multi-family units? 5. Should the County provide a monetary incentive to private owners of existing dwelling units to deed restrict the units with income and rent limitations pursuant to Chapter 2024-219, Laws of Florida, (SB 1456)? 6. Should the County purchase an existing development, impose income and rent limitations pursuant to Chapter 2024-219, Laws of Florida, (SB 1456), and then lease units back to the original owner who would then manage and lease the units? 7. Should the County utilize partnerships with existing entities (such as the Land Authority and Housing Authority)to facilitate the development of affordable housing? 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The tax allows for a four percent tax on overnight lodging within Monroe County. *Tourist Development Tax Revenue was increased from 3%to 4%as of 06/01/2009 Year Amount Tourist Development Tax History FY 2003 $ 12,395,648 $80,000,000 FY 2004 $ 13,653,340 FY 2005 $ 13,924,863 $70,000,000 FY 2006 $ 13,658,344 FY 2007 $ 16,522,155 FY 2008 $ 15,006,029 $60,000,000 FY 2009 $ 14,962,879 FY 2010 $ 19,658,402 $50,000,000 FY 2011 $ 22,409,538 FY 2012 $ 25,147,988 $40,000,000 FY 2013 $ 27,192,148 FY 2014 $ 30,555,398 FY 2015 $ 34,377,118 $30,000,000 FY 2016 $ 36,633,260 FY 2017 $ 36,519,780 $20,000,000 FY 2018 $ 32,763,680 FY 2019 $ 39,850,300 $10,000,000 FY 2020 $ 32,095,704 FY 2021 $ 56,526,154 FY 2022 $ 69,085,512 $- M e7' Ln W r' Co M O a-4 N M e7' Ln O n Co M O a-4 N Cl FY 2023 $ 61,478,869 O o O O O O O -4 -4 -4 - -4 -4 -4 -4 -4 N N N (IO o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c N N N N N N N N N N N N N N N N N N N N P � >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- > W. W. W. W. W. W. U. U. U. U. U. U. U. U. U. U. U. U. U. U. LL Distribution Tourist Development Tax-4% Percentage FY 2023 Distribution 2 CENT-Generic Fund 115-Admin,Marketing,Research,Cultural,Fishing/Diving&Events 33% 10,005,686 Fund 116-Advertising&Promotion 67% 20,733,748 Total 2 Cent Generic 100% 30,739,434 2 CENT-District Fund 117-District 1-Key West City Limits 47% 14,309,261 Fund 118-District 2-Stock Island thru West End of 7 Mile Bridge 8% 2,502,163 Fund 119-District 3-West End of 7 Mile Bridge thru Long Key Bridge 18% 5,686,656 Fund 120-District 4-Long Key Bridge thru Mile Marker 90.939 11% 3,438,131 Fund 121-District 5-Mile Marker 90.939 to Dade County Line 16% 4,803,224 Total 2 Cent District 100% 30,739,435 Total 2 Cent Generic&2 Cent District 61,478,869 TOURIST DEVELOPMENT FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FUNDS: 115,116,117,118, 119,120,121 ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL Beginning Fund Balance 32,391,676 40,980,060 42,012,734 70,148,628 102,429,254 Revenue* 41,266,155 33,317,109 57,238,088 69,103,798 66,165,334 Expense (32,677,771) (32,284,435) (29,102,194) (36,823,172) (47,742,715) i *Total Revenue includes Tourist Development Taxes, Interest Earnings&Excess Fees 5589 10 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 r�r�v^^ are deletions; words underlined are additions. 5590 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 bX 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: (01. 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 r�r�v^^ are deletions; words underlined are additions. 5591 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 CODING: Words r�r�v^^ are deletions; words underlined are additions. 5592 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 5593 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 5594 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 5595 (SEAL)„ BOARD OF COUNTY COMMISSIONERS 4gAttestlTIiv MADOK,Clerk OF MONROE COUNTY, FLORIDA } a 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 CD n : (:D CD w Page 4 of 4 5596 �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 5597 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 5598 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 5599 " MONROE COUNTY,FLORIDA PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 2798 Overseas Hwy,Suite 400,Marathon,FL 33050; (305)289-2500 u Rental Affordable Housing Units Monroe County 2024 Qualifying Income Limits Income Limits for Single Persons (MC Land authority use only) Household Size Very Low Low Median Moderate 160% 50% 80% 100% 120% 1 Person $41,800 $66,850 $83,600 $100,320 $133,760 2 Persons $47,700 $76,350 $95,400 $114,480 $152,640 3 Persons $53,700 $85,950 $107,400 $128,880 $171,840 4 Persons $59,650 $95,450 $119,300 $143,160 $190,880 5 Persons $64,450 $103,100 $128,900 $154,680 $206,240 6 Persons $69,200 $110,750 $138,400 $166,080 $221,440 7 Persons $74,000 $118,400 $148,000 $177,600 $236,800 8 Persons $78,750 $126,000 $157,500 $189,000 $252,000 PerMCC§101-1.Affordable Housing Definitions Income Limits for Married or Domestic Partners (MC Land authority use only) Household Size Very Low Low Median Moderate 160% 50% 80% 100% 120% 2 Persons $63,600 $101,800 $127,200 $152,640 $203,520 3 Persons $71,600 $114,600 $143,200 $171,840 $229,120 4 Persons $79,533 $127,267 $159,067 $190,880 $254,507 5 Persons $85,933 $137,467 $171,867 $206,240 $274,987 6 Persons $92,267 $147,667 $184,533 $221,440 $295,253 7 Persons $98,667 $157,867 $197,333 $236,800 $315,733 8 Persons $105,000 $168,000 $210,000 $252,000 $336,000 PerMCC§139-1(b)(6)0) Maximum Monthly Rental Rates (MC Land authority use only) Unit Size Very Low Low Median Moderate 160% 50% 80% 100% 120% Efficiency $1,045 $1,671 $2,090 $2,508 $3,344 1 bedroom $1,193 $1,909 $2,385 $2,862 $3,816 2 bedrooms $1,343 $2,149 $2,685 $3,222 $4,296 3 bedrooms $1,491 $2,386 $2,983 $3,579 $4,772 4+bedrooms $1,611 $2,578 $3,223 $3,867 $5,156 PerMCC§139-1(b)(6)(i)and MCC§101-1.Affordable Housing Definitions �Jjodated 5/15/2024 to add '16011 x iei� l 5600 MONROE COUNTY,FLORIDA PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT �? 2798 Overseas Hwy,Suite 400,Marathon,FL 33050; (305)289-2500 Owner Occupied Affordable Housing Units Monroe County 2024 Qualifying Income Limits Income Limits for Single Persons Household Size Very Low Low Median Moderate Moderate 50% 80% 100% 120% 160% 1 Person $41,800 $66,850 $83,600 $100,320 $133,760 2 Persons $47,700 $76,350 $95,400 $114,480 $152,640 3 Persons $53,700 $85,950 $107,400 $128,880 $171,840 4 Persons $59,650 $95,450 $119,300 $143,160 $190,880 5 Persons $64,450 $103,100 $128,900 $154,680 $206,240 6 Persons $69,200 $110,750 $138,400 $166,080 $221,440 7 Persons $74,000 $118,400 $148,000 $177,600 $236,800 8 Persons $78,750 $126,000 $157,500 $189,000 $252,000 Per MCC§101-1.Affordable Housing Definitions Income Limits for Married or Domestic Partners Household Size Very Low Low Median Moderate Moderate 50% 80% 100% 120% 160% 2 Persons $63,600 $101,800 $127,200 $152,640 $203,520 3 Persons $71,600 $114,600 $143,200 $171,840 $229,120 4 Persons $79,533 $127,267 $159,067 $190,880 $254,507 5 Persons $85,933 $137,467 $171,867 $206,240 $274,987 6 Persons $92,267 $147,667 $184,533 $221,440 $295,253 7 Persons $98,667 $157,867 $197,333 $236,800 $315,733 8 Persons $105,000 $168,000 $210,000 $252,000 $336,000 PerMCC§139-1(b)(6)0) Maximum Sales Price County Maximum Unit Size Median Ratio Sales Price Income Efficiency $97,500 3.75 $365,625 1 Bedroom $97,500 3.75 $365,625 2 Bedroom $97,500 4.25 $414,375 >_3 Bedroom $97,500 4.75 $463,125 Per MCC§101-1. Definition of Maximum sales price,owner occupied affordable housing unit Jjodat:d 0 4/€5/2024 5601 04 C) co Lf) m F-I m rl CD C) m pp 4 (D CA �o m LO Ln C) 0 c) o M 0 2— > Lo cc 00 Ln C: M CD M 0 m r-� C14 oz� 0) r, 'A C) r, a) 11 00 mC� C'� C� oz� 0 co g - Lo r5 LO r-- L6 70 > co 00 C) 0") co cl� - Cl) C� 00 CD C) (D (D C-4 (.0 m a) m co CD Ln m co LO lDp LO e4 00 , D M E >- CN co U. rl 00 m co 4-1 co LL Co CN m r-I CD cc co C3)U) C: co bo .- Jo 0 CD >N 0 CO 4-1 4- CY) C: CL " r, Csr " r�- cq CU " R N CD CNm ar - Q- - 't 0 co (D 0 0 CN 0 (D 4-1 0 40- a) 0 cli E U) co M (Ii Cli CD C: OD 0 0 < m w E © M. C-1Z a U) C4 (n 0 0 0 0 C: CD m m m cc co v CD 00 Ln- (1) >co bD 4- (1) (1) m rn L,) Cli 0 04 W M LO G) 4- 0 CD nu co co 0 CA U) 0 Y 4- >, U) 4- 0 0 D as Y U) -0 W > E N 0 4-1 co co 4-1 4- U) 4- = 0 4-1 0 4-1 U) co U) U) 4- Q) — •ca as 0 co 4-1 4-1 a co E o 0 Q) o 0 0 E _5 C31 f 0 'D.0 Q =m =co co co 70, , = = = = V U) U) U) U) co U) 4- > bo t a CU .2 .2 .2 .2 .2 3: W 4- 4- 4- 4- 4- 0 0 U) U) U) U) U) > > V v v 420.0004 Definitions.—As used in this part, unless the context otherwise indicates: (1) "Adjusted for family size" means adjusted in a manner which results in an income eligibility level which is lower for households with fewer than four people, or higher for households with more than four people, than the base income eligibility determined as provided in subsection (9), subsection (11), subsection (12), or subsection (17), based upon a formula as established by the United States Department of Housing and Urban Development. (2) "Adjusted gross income" means all wages, assets, regular cash or noncash contributions or gifts from persons outside the household, and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development, adjusted for family size, less deductions allowable under s. 62 of the Internal Revenue Code. (3) "Affordable" means that monthly rents or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households as indicated in subsection (9), subsection (11), subsection (12), or subsection (17). (4) "Corporation" means the Florida Housing Finance Corporation. (5) "Community-based organization" or "nonprofit organization" means a private corporation organized under chapter 617 to assist in the provision of housing and related services on a not-for- profit basis and which is acceptable to federal and state agencies and financial institutions as a sponsor of low-income housing. (6) "Department" means the Department of Commerce. (7) "Disabling condition" means a diagnosable substance abuse disorder, serious mental illness, developmental disability, or chronic physical illness or disability, or the co-occurrence of two or more of these conditions, and a determination that the condition is: (a) Expected to be of long-continued and indefinite duration; and (b) Not expected to impair the ability of the person with special needs to live independently with appropriate supports. (8) "Elderly" describes persons 62 years of age or older. (9) "Extremely-low-income persons" means one or more natural persons or a family whose total annual household income does not exceed 30 percent of the median annual adjusted gross income for households within the state. The Florida Housing Finance Corporation may adjust this amount annually by rule to provide that in lower income counties, extremely low income may exceed 30 percent of area median income and that in higher income counties, extremely low income may be less than 30 percent of area median income. (10) "Local public body" means any county, municipality, or other political subdivision, or any housing authority as provided by chapter 421, which is eligible to sponsor or develop housing for farmworkers and very-low-income and low-income persons within its jurisdiction. 5603 (11) "Low-income persons" means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. (12) "Moderate-income persons" means one or more natural persons or a family, the total annual adjusted gross household income of which is less than 120 percent of the median annual adjusted gross income for households within the state, or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. (13) "Person with special needs" means an adult person requiring independent living services in order to maintain housing or develop independent living skills and who has a disabling condition; a young adult formerly in foster care who is eligible for services under s. 409.1451(5); a survivor of domestic violence as defined in s. 741.28; or a person receiving benefits under the Social Security Disability Insurance (SSDI) program or the Supplemental Security Income (SSI) program or from veterans' disability benefits. (14) "Student" means any person not living with his or her parent or guardian who is eligible to be claimed by his or her parent or guardian as a dependent under the federal income tax code and who is enrolled on at least a half-time basis in a secondary school, career center, community college, college, or university. (15) "Substandard" means: (a) Any unit lacking complete plumbing or sanitary facilities for the exclusive use of the occupants; (b) A unit which is in violation of one or more major sections of an applicable housing code and where such violation poses a serious threat to the health of the occupant; or (c) A unit that has been declared unfit for human habitation but that could be rehabilitated for less than 50 percent of the property value. (16) "Substantial rehabilitation" means repair or restoration of a dwelling unit where the value of such repair or restoration exceeds 40 percent of the value of the dwelling. (17) "Very-low-income persons" means one or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. History.—s. 2, ch. 88-376; s. 1, ch. 89-121; s. 13, ch. 90-275; s. 72, ch. 2000-153; s. 36, ch. 2004-357; ss. 44, 53, ch. 2006-26; s. 14, ch. 2006-69; s. 323, ch. 2011-142; s. 7, ch. 2011-189; s. 146, ch. 2024-6. 5604 Liz Yongue From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov> Sent: Thursday, October 10, 2024 10:09 AM To: Gomez-Krystal; County Commissioners and Aides; Kevin Madok; Senior Management Team and Aides; Liz Yongue; InternalAudit Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch- Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena Subject: Time Approximate item R10 BOCC 10/16/2024 Attachments: R10 10.16.2024 BOCC TA Added.pdf Follow Up Flag: Follow up Flag Status: Completed Categories: Orange Category Good afternoon, Please be advised,we have added a time approximate of 9:30 A.M.for item R10. "COUNTYATTORNEY.• 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 ofproviding housing that is affordable and available to employees ofprivate sector tourism-related businesses in the County in accordance with Ch. 2024-219, Laws ofFlorida, directing staff to request input from TDC and individual cities related to potential projects that can utilize these funds. " Sincerely, A-t e to Christine HurLe�, Covot� Act odn, strator -?,us�wess M,2n,29er- Acr o . nv stratCon 1100 Sintooton street, Sv to 2-205 K.e� west, FL :2,:2,04 0 (305)292--4-4-4�2, (o ffiCe) (:2,05):2,9:2,--4-4-4 2 (ceLL Phone) (305)292--4 5 4-4 (FaX) Covrier stop ##2 gaLLard-�iwdseU@vKowroecokntU-:R.roy www.vKovg,roeco�cwtU-A.�oy Monroe County, Florida "The Florida Keys" "We may encounter many defeats, but we must riot be defeated."-Maya Angelou 1 PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM T E COUNTY 2E4�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO T}EE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT-TO PUBLIC DISCLOSURE. 0 Please consider the ervironrrmnt when 0cidideng whether to print this ema:aiL 2 R10 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: R10 2023-3142 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Nathalia M. Archer/Bob Shillinger N/A 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 Florida, directing staff to request input from TDC and individual cities related to potential projects that can utilize these funds. 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 and any housing financed with funds from the surplus must remain affordable 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 BOCC will adopt a policy or resolution setting forth the process for distribution and expenditure of the accumulated funds. 1 At the August 21, 2024, BOCC meeting, the BOCC directed staff to bring back data and information to the Board concerning the collection of tourist tax revenues. Specifically, the Board requested data showing which DAC generated what percentage of revenue during the relevant FYs. The geographical boundaries of the five DACs are as follows: (1) District I shall encompass the city limits of Key West; (2) District II shall be from the city limits of Key West to the west end of the Seven Mile Bridge; (3) District III shall be from the west end of the Seven Mile Bridge to the Long Key Bridge; (4) District IV shall be between the Long Key Bridge and Mile Marker 90.939; and (5) District V shall be from Mile Marker 90.940 to the Dade/Monroe County line and any mainland portions of Monroe County. Additionally, the Board requested staff reach out to the Affordable Housing Advisory Committee (AHAC) and the Tourist Development Council (TDC). AHAC met on September 5, 2024, and again on October 1, 2024. At its September 5, 2024, meeting, AHAC discussed the surplus funds and indicated it wished to reconvene and discuss use of the funds after the TDC held its September 17th meeting. At its October 1, 2024, meeting, AHAC requested to hear from community stakeholders including the Key West/Monroe County Housing Authority at its next meeting which will be scheduled within the next month. Staff met with Mr. Sterling and he is willing to meet with AHAC, as well as the Board, to discuss ideas and projects the Housing Authority may be willing to develop. The TDC met on September 17, 2024, and is scheduled to meet again on October 29, 2024. The TDC had a preliminary discussion regarding use of the funds and indicated it wished to hear from certain stakeholders at its October meeting before having further discussion. Further, they requested the Key West/Monroe County Housing Authority Executive Director, Randy Sterling, attend their October 29 TDC meeting to inform the TDC membership of opportunities the Housing Authority could provide related to this important project. Staff met with Mr. Sterling and he is willing to meet with the TDC, as well as the Board, to discuss ideas and projects the Housing Authority may be willing to develop. The TDC members also requested information on the DAC distribution amounts. Staff recommends creating a list of questions to ask the TDC to gain their input on the types of housing units they believe the tourism industry employees need. A draft is attached for review. Finally, staff would like the BOCC to discuss whether they would like to seek input from the cities on their recommendations for projects that meet the requirements of this program. Staff is requesting additional discussion and direction prior to the next TDC meeting. This will assist in developing a process for distribution and expenditure of the $35 Million of accumulated funds for affordable housing in accordance with the conditions as set forth in Chapter 2024-219, Laws of Florida. *Items denoted in bold indicate updates from staff PREVIOUS RELEVANT BOCC ACTION: April 17, 2024 - 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. 2 May 15, 2024 - 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. August 21, 2024 - Board directed staff to bring back information to the Board concerning the collection of tourist tax revenues. September 11, 2024 - Board directed staff to bring back information from the Affordable Housing Advisory Committee (AHAC) and the Tourist Development Council (TDC). INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Discussion and Direction DOCUMENTATION: Proposed Questions for Tourist Development Council- DRAFT for BOCC Discussion.pdf 4 Penny Revenue Report through 06.30.24 Tourist Development Tax Revenue History (2023) Ch. 2024-219, Laws of Fla. 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