Resolution 434-2024 a_l'/ JM.
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2 RESOLUTION NO.434-2024
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
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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
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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
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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
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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
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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
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35 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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38 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set
39 forth herein.
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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.
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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 unenforceability 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 16t'day of October, 2024.
39
40 Mayor Holly Merrill Raschein Yes
41 Mayor Pro Tem James K. Scholl Yes
42 Commissioner Craig Cates Yes
43 Commissioner Michelle Lincoln Yes
44 Commissioner David Rice Yes
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1 BOARD OF COUNTY COMMISSIONERS
2 • OF MO 'OE COUN Y, FLORIDA
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.4 By: .
5 a• -rst.zG n u--,°5�r� Mayor Holly Merrill Raschein
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14
15 MONROE COUNTY ATTORNEY'S OFFICE
16 APPROVED AS TO FORM .'
1/ ,Digitally signed by Kelly Dugan • •
Kelly [)ugan DN:,=Kelly Dugan,o=Monroe County BDCc,ou,
email=dugan kelly@monrcecounty fl.ov,G=US
1 8 Date:2024.10.01 11:10:28-04'00'
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19 KELLY DUGAN •
20 ASSISTANT COUNTY ATTORNEY
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