HomeMy WebLinkAboutItem J2 J2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
February 19, 2025
Agenda Item Number: J2
2023-3638
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
N/A
AGENDA ITEM WORDING:
A Resolution of the Monroe County Board of County Commissioners Approving the Reservation of
Eight (8) Moderate-Income Category Affordable ROGO Allocations for Proposed Affordable Housing
Dwelling Units on Properties To Be Determined Within Unincorporated Monroe County as Part of the
Monroe County Affordable Tourism Housing Program Pursuant to Monroe County Board of County
Commissioners Resolution No. 544-2024, Until February 19, 2030, For Building Permit Issuance.
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, not
to exceed $35 million, for purposes of providing affordable housing, as defined in F.S. 420.0004, for
employees of private sector tourism-related businesses in the county. The restrictions must remain on
any residential dwelling units financed by these funds for a period of no less than 99 years. Expenditure
of such funds is subject to approval by a majority vote of the BOCC.
On December 11, 2024, the BOCC adopted Resolution No. 544-2024, which established the Monroe
County Affordable Tourism Housing Program ("the Program") and its terms. The Program provides for
financial assistance for the purchase, construction, or redevelopment of affordable housing projects,
including new construction, rehabilitation, purchase of existing land and/or purchase of existing
residential units. Income limits for the Program are set at a maximum of 120 percent (i.e., the
"moderate-income category").
Monroe County Land Development Code Section 138-24(b)(4) allows the Monroe County Board of
County Commissioners to authorize reservations of Affordable ROGO allocations for employee housing
programs sponsored by the county pursuant to procedures and guidelines as may be established from
time to time by the BOCC."
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The proposed reservation of eight (8) moderate-income affordable ROGO allocations for development,
redevelopment, or deed restriction of existing housing as affordable housing dwelling units on
properties to be determined within unincorporated Monroe County, as part of the Monroe County
Affordable Tourism Housing Program requires that permits be obtained for the subject affordable
housing dwelling units by February 19, 2030. If the permit for a reserved ROGO allocation housing unit
is not issued by that time, the allocation shall automatically revert back to the County's affordable
housing allocation pool.
Based on anticipated approval of several ROGO reservation extensions for other properties on the
February 19, 2025, BOCC agenda, and the anticipated approval of four (4) affordable ROGO
allocations by the Planning Commission through its quarterly ROGO award public hearing on February
25, 2025, this reservation of the remaining eight (8) affordable allocations will bring the County's
balance of Affordable ROGO allocations not yet permitted or otherwise reserved to zero (0).
These allocations can be used on sites the County or Land Authority purchase to construct affordable
tourist employee based housing.
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.
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).
October 16, 2024 - Board directed staff to bring back information from AHAC and the TDC and seek
input from the cities regarding potential projects within their respective jurisdictions.
November 19, 2024 - Board heard the recommendations from AHAC and the TDC and gave direction
to county staff to bring forward a resolution at the next BOCC meeting setting forth program
parameters.
December 11, 2024 - Board adopted Resolution No. 544-2024, establishing the Monroe County
Affordable Tourism Housing Program(the"Program")
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
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STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution-544-2024 AFFORDABLE TOURISM HOUSING PROGRAM.pdf
RESO—TDC_8 units.pdf
FINANCIAL IMPACT:
Resolution has no financial impact.
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RESOLUTION NO. 544 -2024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABLISHING THE MONROE
COUNTY AFFORDABLE TOURISM HOUSING PROGRAM FOR
PURPOSES OF FUNDING AFFORDABLE HOUSING DEVELOPMENT
PROJECTS WHICH PROVIDE AFFORDABLE HOUSING AVAILABLE
TO EMPLOYEES OF PRIVATE SECTOR TOURISM-RELATED
BUSINESSES IN THE COUNTY IN ACCORDANCE WITH CH. 24-219, §
4, LAWS OF FLA.; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ch. 24-219, Laws of Fla., (SB 1456) became effective on July 1, 2024; and
WHEREAS, Ch. 24-219, § 4, Laws of Fla., provides that counties, which are designated
as an Area 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 which is available to employees of private
sector tourism-related businesses in the county; and
WHEREAS, Ch. 24-219, § 4, Laws of Fla., further provides that any housing financed
with funds from the surplus may be used only for purposes of providing "affordable" housing, as
defined in F.S. 420.0004, for a period of no less than 99 years; and
WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the
total annual adjusted gross household income must be less than 120 percent of the median annual
adjusted gross income for households within the state; and
WHEREAS, Ch. 24-219, §4,Laws of Fla.,further provides that expenditure of such funds
is subject to approval by a majority vote of the BOCC; and
WHEREAS, in anticipation of Ch. 24-219, Laws of Fla.,becoming law, on May 15, 2024,
the Board of County Commissioners (BOCC)passed Monroe County Ordinance 018-2024,which
authorized the "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 state law; and
WHEREAS,within said Ordinance,the BOCC stated that"[t]he BOCC will adopt a policy
or resolution setting forth the process for distribution and expenditure of accumulated funds for
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affordable housing in accordance with the conditions as set forth in SB 1456"; and
WHEREAS, the BOCC wishes to adopt through resolution a policy setting forth the
program parameters, restrictions, and conditions for evaluation of potential affordable housing
projects which qualify for this funding and the subsequent distribution and expenditure of the
accumulated funds for selected affordable housing projects in accordance with the requirements
as set forth in Ch. 24-219, § 4, Laws of Fla.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: RECITALS AND LEGISLATIVE INTENT. The foregoing recitals and
statements of legislative intent are true and correct and are hereby incorporated as if fully set forth
herein.
SECTION 2: PURPOSE AND INTENT. The Monroe County Affordable Tourism
Housing Program ("Program") is hereby established. The purpose and intent of the Program is to
facilitate the purchase, development, construction, and/or rehabilitation of affordable housing
projects which meet the Program guidelines and requirements as set forth in this Resolution,which
may be amended from time to time.
SECTION 3: DEFINITIONS.
(A) Affordable shall have the same meaning as § 420.0004, Florida Statutes.
(B) BOCC shall mean the Monroe County Board of County Commissioners.
(C) Land Use Restriction Agreement (L URA) shall mean a deed restriction restricting
the units purchased, developed or rehabilitated using funding from this Program
as affordable for a period of no less than 99 years.
(D) Private Sector Tourism-Related Businesses shall mean those businesses physically
located and operating within Monroe County, and who fall within one (1) or more
of the following 2022 North American Industry Classification System (NAILS)
Categories:
1. Sector 71. Arts, Entertainment, and Recreation.
2. Sector 72. Accommodation and Food Services.
3. Subsector 487 of Sector 48-49. Scenic and Sightseeing Transportation.
(E) Program shall mean the Monroe County Affordable Tourism Housing Program.
(F) Project(s) shall mean affordable residential housing consisting of one (1) or more
residential dwelling unit(s) and which meet the Program requirements.
(G) Qualified Employees shall mean employees of private sector tourism-related
businesses who meet the affordable income qualifications and who possess no
ownership interest in a residential property in Monroe County or the contiguous
counties of Miami-Dade and Collier counties.
(H) Surplus funds shall mean accumulated excess of revenue in an amount not to
exceed $35,000,000.00.
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SECTION 4: PROGRAM GUIDELINES. The Program will provide financial
assistance for the purchase, construction, or redevelopment of affordable housing Projects subject
to the following guidelines:
(A)Types of Projects
1. The following types of projects will be considered for complete or partial
funding:
a. New construction of residential dwelling unit(s);
b. Rehabilitation of residential dwelling unit(s);
c. Purchase of existing parcel(s), developed or undeveloped;
d. Purchase of existing residential unit(s) or development(s); and/or
e. A mix of any of the above.
(B)Types of Residential Units.
1. Projects should include the following type(s) of housing units, in order of
preference:
a. studio/efficiency apartment(s);
b. 1 bedroom / 1 bathroom apartment(s);
c. 2+bedroom/bathroom apartment(s); and/or
d. Family type units with multiple bedroom/bathrooms.
2. Projects with multiple residential units may include a mix of these types of
residential units.
(C)Types of Qualified Employees
1. Projects should prioritize the following type(s) of Qualified Employees,
subject to affordability criteria, in order of preference:
a. Single employees;
b. Employees with dependents;
c. Entry-level employees; and/or
d. Managers.
(D)Additional Considerations.
1. Any and all Projects which involve one or more of the following will be
given greater weight in consideration:
a. Projects which propose partnerships with existing governmental
entities, i.e., Key West Housing Authority, Monroe County
Housing Authority, Monroe County Land Authority;
b. Projects which propose partnerships with existing non-profits that
have demonstrated the ability to develop affordable housing in
Monroe County, meaning who have developed at least ten (10)
affordable housing units over the past 5 years;
c. Scattered site(s) developments which utilize existing scarified
single-family lots that have no protected habitat;
d. Projects which propose allowing Monroe County to utilize the
rental income, after necessary deductions for administration,
building reserves, etc., for inclusion in a separate interest-bearing
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3329
account to be used in the future to provide additional affordable
housing within Monroe County.
2. The following types of Projects shall not be funded:
a. Projects which are already funded and required to provide
affordable housing; and/or
b. Projects required to be built pursuant to inclusionary housing
requirements and/or development approvals linked to a market-
rate and/or commercial project.
3. Projects which shall also be considered, in no order of preference:
a. Public-Private Partnerships (P3s); and/or
b. Purchase of existing residential dwelling developments with a
county lease back to original owner for management and lease
with required LURA restrictions on the subject property.
SECTION 5: REQUIREMENTS. Any and all Projects selected for funding by Monroe
County are subject to the following requirements:
(A)Application to Monroe County for funding;
(B)Encumbrance of funding for a specific Project is subject to approval of a majority
vote of the BOCC by separate Resolution;
(C)Prior to distribution of funds, recording of a LURA drafted and provided by the
Monroe County Attorney's Office;
(D)No amount of the funding in this program may be used to develop commercial
property;
(E) Only rental residential dwelling unit(s) shall be considered;
(F) Any other requirements in this Resolution, as may be amended from time to time;
and
(G)Any other requirements as may be outlined in the specific project funding
Resolution, as may be amended from time to time.
SECTION 6: COUNTY GUIDELINES.
(A)The County Administrator shall facilitate the Program and delegate responsibilities
of the Program to county staff as deemed necessary in his/her sole discretion,which
should include, but not necessarily be limited to, an application process and a
webpage. County Administrator may enlist third-party reviewers or administrators
for income and employment verification.
(B)Application package should include, at a minimum:
1. Detailed description of the project, including address/Parcel ID and
business plan, if applicable;
2. Included or potential building plans, if any;
3. Any current land restrictions;
4. Amount of funding requested and detailed documentation to support
request.
(C)Staff shall review and evaluate Project applicants and provide a written
recommendation to the BOCC for approval/disapproval of funding along with a
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draft Resolution, if applicable. Staff may, in its discretion, seek additional
information from the applicant(s)prior to finalizing staff recommendations.
(D)When reviewing and evaluating Projects, staff should consider allocation of the
surplus funds by the percentage of total funding earned within the geographical
boundaries of the tax collection districts as defined in Monroe County Code of
Ordinances Chapter 23, Article VI.
(E)Funding shall only be issued after a project has received building permits and all
funding needed to complete the project has been approved as demonstrated by loan
commitments, to assure the project can be completed.
SECTION 7: TENANT ELIGIBILITY.
(A)Only Qualified Employees who meet the affordable income qualifications in §
420.0004, Florida Statutes, shall be eligible to apply for rental of any residential
dwelling unit(s)purchased and/or funded by this Program.
(B)Tenants will be required to submit proof of eligibility at the time of application and
again at the time of annual lease renewal.
(C)Only one full-time resident of the household needs to be, and remain, an employee
of a private sector tourism-related business for the household to qualify. All
members of the household must meet the affordable income limits, according to the
local government affordable housing regulations, which differ amongst local
governments in the county.
SECTION 8: TENANT LEASE TERMS. Any and all leases to tenant(s) for dwelling
unit(s)purchased and/or funded by this Program shall meet the following requirements:
(A)Shall be in writing;
(B)Shall reference the LURA;
(C)Any and all rental leases to tenant(s) shall be for a period of one (1)year.
(D)Lease may only be renewed subject to the BOCC's rules of the Program which
include, but are not limited to, tenant income and employment eligibility.
(E)Lease shall include an early termination provision in the event the qualified
applicant(s) is/are no longer eligible.
(F) Maximum monthly rental rates shall not exceed the applicable annual Monroe
County Maximum Monthly Rental Rates unless the rental residential dwelling
unit(s)is/are located within the physical geographical boundaries of the City of Key
West, Marathon, or Islamorada. In that case, the tenant shall be subject to the City
of applicable Cities' Maximum Monthly Rental Rates for the respective income
category.
SECTION 9: CONSTRUCTION AND INTERPRETATION. This Resolution, being
necessary for the health, safety, and welfare of the residents of and visitors to Monroe County,
shall be liberally construed to effect(uate) the public purpose(s) hereof. Interpretation of this
Resolution shall be construed in favor of the Monroe County Board of County Commissioners,
and such construction and interpretation shall be entitled to great weight in adversarial
administrative proceedings, at trial, in bankruptcy, and on appeal.
Page 5 of 6
3331
SECTION 10: NON-RELIANCE_BY NON-PARTIES AND NO THIRD-PARTY
RIGHTS OR BENEFICIARIES. Nothing contained herein shall create or be construed :or
interpreted to create any relationship,contractual or otherwise,with,or any rights in favor of, any
third party. No person or,entity shall be entitled to rely upon this Resolution or any provision
hereof to enforce or attempt to enforce any claim or entitlement to or benefit of any service or,
program contemplated hereunder.
SECTION.11: SECTION HEADINGS. Section headings have been inserted into this
Resolution as a matter of convenience for reference only,and shall not be used in the interpretation
or construction of this Resolution or any part thereof.
SECTION 12: NO LIABILITYY. Monroe County expressly reserves and in no way shall
be deemed to have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign,
governmental, and other similar defense, immunity; exemption, or protection against any suit,
cause-of-action, demand, or liability.
SECTION 13 SEVERABILITY. If any provision of this Resolution, or any part or
portion thereof, is held to be invalid or unenforceable by.any administrative hearing officer or
court of competent jurisdiction,the invalidity or unenforceability of such provision, or any part or
portion thereof, shall neither limit or impair the operation, enforceability;or validity of any other
provision of this Resolution,or any remaining part(s)or portion(s)thereof All other provisions of
this Resolution and remaining part(s)or portion(s)thereof,shall continue unimpaired in full force
and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
=at a regular meeting of said board on the 1 l th day of December 2024.
Mayor James K. Scholl Yes
Mayor Pro Tern Michelle Lincoln Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes _ .s
Commissioner Holly Merrill Raschein Yes
(SEAL) '
BOARD OF COUNTY COMMISSIONERS'
g 11�TTES1EVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA
B
y:
DE UTY CLERK AYOR/CHAIRPERSON
APPROVED AS TO FORM&LEGAL SUFFICIENCY
Monr a ounty Attorney's Office
thalia Melues'Archei
Ass tant County Attorney
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2 RESOLUTION NO. -2025
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF EIGHT (8)
6 MODERATE-INCOME CATEGORY AFFORDABLE ROGO
7 ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
8 DWELLING UNITS ON PROPERTIES TO BE DETERMINED WITHIN
9 UNINCORPORATED MONROE COUNTY AS PART OF THE
10 MONROE COUNTY AFFORDABLE TOURISM HOUSING
11 PROGRAM PURSUANT TO MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS RESOLUTION NO. 544-2024, UNTIL
13 FEBRUARY 19, 2030, FOR BUILDING PERMIT ISSUANCE.
14
15 WHEREAS, Ch. 24-219, Laws of Fla., (SB 1456)became effective on July 1, 2024; and
16
17 WHEREAS, Ch. 24-219, § 4, Laws of Fla., provides that counties which are designated as
18 an Area of Critical State Concern (ACSC), and which levy both a tourist development tax pursuant
19 to F.S. 125.0104,and a tourist impact tax pursuant to F.S. 125.0108,may use any accumulated surplus
20 from such taxes collected through September 30, 2024, not to exceed $35 million, whether held by
21 the county directly, or by a land authority in the county created pursuant to F.S. 380.0663, for
22 purposes of providing housing which is available to employees of private sector tourism-related
23 businesses in the county; and
24
25 WHEREAS, Ch. 24-219, § 4, Laws of Fla., further provides that any housing financed with
26 funds from the surplus may be used only for purposes of providing "affordable" housing, as defined
27 in F.S. 420.0004, for a period of no less than 99 years; and
28
29 WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the total
30 annual adjusted gross household income must be less than 120 percent of the median annual adjusted
31 gross income for households within the state; and
32
33 WHEREAS, Ch. 24-219, § 4, Laws of Fla., further provides that expenditure of such funds
34 is subject to approval by a majority vote of the BOCC; and
35
36 WHEREAS, in anticipation of Ch. 24-219, Laws of Fla., becoming law, on May 15, 2024,
37 the Board of County Commissioners (BOCC) passed Monroe County Ordinance 018-2024, which
38 authorized the "accumulated surplus" funds to be transferred to an account to be held directly by the
39 County or Land Authority and authorized for use in accordance with state law; and
40
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I WHEREAS, within said Ordinance, the BOCC stated that"[t]he BOCC will adopt a policy
2 or resolution setting forth the process for distribution and expenditure of accumulated funds for
3 affordable housing in accordance with the conditions as set forth in SB 1456"; and
4
5 WHEREAS, on December 11, 2024, the Monroe County Board of County Commissioners
6 adopted Resolution No. 544-2024,establishing the Monroe County Affordable Tourism Housing Program
7 (the"Program"); and
8
9 WHEREAS,pursuant to Resolution No. 544-2024,the Program will provide financial assistance
10 for the purchase, construction, or redevelopment of affordable housing residential units; and
11
12 WHEREAS,Monroe County Land Development Code("LDC") Section 138-24(b)(4) allows the
13 Monroe County Board of County Commissioners (`BOCC", "Board", "Monroe County", or the
14 "County") to authorize reservations for"Specific affordable or employee housing programs sponsored
15 by the county pursuant to procedures and guidelines as may be established from time to time by the
16 BOCC,` and
17
18 WHEREAS, the reservation of affordable housing allocations for the anticipated units does not
19 exempt these units from applicable requirements for the Monroe County Comprehensive Plan and
20 Code(s), the Florida Building Code, floodplain management regulations, and other like requirements;
21 and
22
23 WHEREAS, all required approvals from the Monroe County Planning & Environmental
24 Resources and Building Departments shall be obtained for the subject units; and
25
26 WHEREAS, permits shall be obtained for the subject affordable housing dwelling units by
27 February 19, 2030, but if the permit for a reserved ROGO allocation housing unit is not issued by that
28 time,the allocation shall automatically revert back to the County's affordable housing allocation pool by
29 operation of law;
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
32 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
33
34 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true and
35 correct and are hereby incorporated as if fully set forth herein.
36
37 Section 2. The Monroe County Planning & Environmental Resources Department shall reserve
38 eight(8) moderate income category affordable ROGO allocations, for development, redevelopment, or deed
39 restriction of existing housing as affordable housing dwelling units on properties to be determined within
40 unincorporated Monroe County as part of the Monroe County Affordable Tourism Housing Program pursuant
41 to Monroe County Board of County Commissioners Resolution No. 544-2024,until February 19, 2030.
42
43 Section 3. Building permits for the subject eight(8) affordable housing units must be obtained
44 on or before February 19, 2030.
45
46 Section 4. The developer shall comply with all provisions of the Monroe County Code(s),
47 Monroe County Comprehensive Plan, Florida Building Code, and shall comply with all applicable floodplain
48 management regulations, and any other supervisory and/or oversight agencies and their respective regulatory
49 requirements.
50
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I Section 5. The professional staff of the Monroe County Planning & Environmental Resources
2 Department and Building Department are hereby authorized to expeditiously process permit related
3 applications for the above referenced project(s)when received.
4
5 Section 6. Construction and Interpretation.The construction and interpretation of this
6 Resolution and all provision(s) of the Monroe County Comprehensive Plan, Florida Building Code, Florida
7 Statutes, and Monroe County Code(s) whose interpretation arises out of, relates to, or is interpreted in
8 connection with this Resolution shall be liberally construed and enforced in favor of the Monroe County
9 BOCC, and shall be deferred in favor of the BOCC and such construction and interpretation shall be entitled
10 to great weight in adversarial administrative proceedings, at trial,bankruptcy, and on appeal.
11
12 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to
13 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
14 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
15 liability.
16
17 Section 8. Severability.If any provision of this resolution,or any part or portion thereof,is held
18 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
19 invalidity or unenforce ability of such provision, or any part or portion thereof, shall neither limit nor impair
20 the operation, enforceability, or validity of any other provision of this resolution, or any remaining part(s) or
21 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall
22 continue unimpaired in full force and effect.
23
24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
25 regular meeting held on February 19, 2025.
26
27 Mayor James K. Scholl
28 Mayor Pro Teen Michelle Lincoln
29 Commissioner Craig Cates
30 Commissioner David Rice
31 Commissioner Holly Merrill Raschein
32
33 BOARD OF COUNTY COMMISSIONERS OF MONROE
34 COUNTY, FLORIDA:
35
36 By:
37 Mayor James K. Scholl
38 (SEAL)
39 ATTEST: KEVIN MADOK, CLERK
oNPor ceUNry ATTORNEY
40 Af n C TO,FORM
41 25-
42
43 AS DEPUTY CLERK
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Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Friday, February 14, 2025 10:30 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela Hancock;
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; Kevin Madok; Valcheva-Svilena;
Powell-Barbara; Guerra-Cynthia
Subject: Item J2 BOCC 02/19/2025 REVISED BACKUP
Attachments: RESO_TDC_8_units - REVISED.pdf
Good Morning,
Please be advised that the agenda item backup has been revised for item J2.
"A Resolution of the Monroe County Board of County Commissioners Approving the Reservation ofEight(8)
Moderate-Income Category Affordable ROGO Allocations for Proposed Affordable Housing Dwelling Units on
Properties To Be Determined Within Unincorporated Monroe County as Part of the Monroe County Affordable
Tourism Housing Program Pursuant to Monroe County Board of County Commissioners Resolution No. 544-
2024, Until February 19, 2030, For Building Permit Issuance. "
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
w.r o n r y e c_ u�n1y:�:V_e.gpy
i».c z..- Y .�.. _rn groecou�_n�.Y..-.�..:.i» .Y.
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
1
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1 rw w„yd ri
2 RESOLUTION NO. -2025
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF EIGHT (8)
6 MODERATE-INCOME CATEGORY AFFORDABLE ROGO
7 ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
8 DWELLING UNITS ON PROPERTIES TO BE DETERMINED WITHIN
9 UNINCORPORATED MONROE COUNTY AS PART OF THE
10 MONROE COUNTY AFFORDABLE TOURISM HOUSING
11 PROGRAM PURSUANT TO MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS RESOLUTION NO. 544-2024, UNTIL
13 FEBRUARY 19, 2030, FOR BUILDING PERMIT ISSUANCE.
14
15 WHEREAS, Ch. 24-219, Laws of Florida(SB 1456), became effective on July 1, 2024; and
16
17 WHEREAS, Ch. 24-219, § 4, Laws of Florida, provides that counties which are designated
18 as an Area of Critical State Concern ("ACSC"), and which levy both a tourist development tax
19 pursuant to F.S. 125.0104, and a tourist impact tax pursuant to F.S. 125.0108, may use any
20 accumulated surplus from such taxes collected through September 30, 2024, not to exceed $35
21 million, whether held by the county directly, or by a land authority in the county created pursuant to
22 F.S. 380.0663, for purposes of providing housing which is available to employees of private sector
23 tourism-related businesses in the county; and
24
25 WHEREAS, Ch. 24-219, § 4, Laws of Florida, further provides that any housing financed
26 with funds from the surplus may be used only for purposes of providing "affordable" housing, as
27 defined in F.S. 420.0004, for a period of no less than 99 years; and
28
29 WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the total
30 annual adjusted gross household income must be less than 120 percent of the median annual adjusted
31 gross income for households within the state; and
32
33 WHEREAS,Ch.24-219, §4,Laws of Florida,further provides that expenditure of such funds
34 is subject to approval by a majority vote of the BOCC; and
35
36 WHEREAS, in anticipation of Ch. 24-219, Laws of Fla., becoming law, on May 15, 2024,
37 the Board of County Commissioners ("BOCC", "Monroe County", or the "County")passed Monroe
38 County Ordinance No. 018-2024,which authorized the "accumulated surplus" funds to be transferred
39 to an account to be held directly by the County or Land Authority and authorized for use in accordance
40 with state law; and
41
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I WHEREAS, within said Ordinance, the BOCC stated that"[t]he BOCC will adopt a policy
2 or resolution setting forth the process for distribution and expenditure of accumulated funds for
3 affordable housing in accordance with the conditions as set forth in SB 1456"; and
4
5 WHEREAS, on December 11, 2024, the Monroe County Board of County Commissioners
6 adopted Resolution No.544-2024,establishing the Monroe County Affordable Tourism Housing Program
7 (the"Program"); and
8
9 WHEREAS,pursuant to Resolution No. 544-2024,the Program will provide financial assistance
10 for the purchase, construction, or redevelopment of affordable housing residential units; and
11
12 WHEREAS,Monroe County Land Development Code("LDC") Section 138-24(b)(4) allows the
13 Monroe County Board of County Commissioners to authorize reservations for "Specific affordable or
14 employee housing programs sponsored by the county pursuant to procedures and guidelines as may be
15 established from time to time by the BOCC,` and
16
17 WHEREAS, the reservation of affordable housing allocations for the anticipated units does not
18 exempt these units from applicable requirements for the Monroe County Comprehensive Plan and
19 Code(s), the Florida Building Code, floodplain management regulations, and other like requirements;
20 and
21
22 WHEREAS, all required approvals from the Monroe County Planning & Environmental
23 Resources and Building Departments shall be obtained for the subject units; and
24
25 WHEREAS, permits shall be obtained for the subject affordable housing dwelling units by
26 February 19, 2030, but if the permit for a reserved ROGO allocation housing unit is not issued by that
27 time,the allocation shall automatically revert back to the County's affordable housing allocation pool by
28 operation of law;
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
32
33 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true and
34 correct and are hereby incorporated as if fully set forth herein.
35
36 Section 2. The Monroe County Planning & Environmental Resources Department shall reserve
37 eight(8) moderate income category affordable ROGO allocations, for development, redevelopment, or deed
38 restriction of existing housing as affordable housing dwelling units on properties to be determined within
39 unincorporated Monroe County as part of the Monroe County Affordable Tourism Housing Program pursuant
40 to Monroe County Board of County Commissioners Resolution No. 544-2024,until February 19, 2030.
41
42 Section 3. The Monroe County Board of County Commissioners shall approve by future
43 resolution the specific property(ies) on which each of the eight(8)reserved allocations shall be used.
44
45 Section 4. Building permits for the subject eight (8) affordable housing units must be obtained
46 on or before February 19, 2030.
47
48 Section 5. The developer shall comply with all provisions of the Monroe County Code(s),
49 Monroe County Comprehensive Plan, Florida Building Code, and shall comply with all applicable floodplain
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I management regulations, and any other supervisory and/or oversight agencies and their respective regulatory
2 requirements.
3
4 Section 6. The professional staff of the Monroe County Planning & Environmental Resources
5 Department and Building Department are hereby authorized to expeditiously process permit related
6 applications for the above referenced project(s)when received.
7
8 Section 7. Construction and Interpretation.The construction and interpretation of this
9 Resolution and all provision(s) of the Monroe County Comprehensive Plan, Florida Building Code, Florida
10 Statutes, and Monroe County Code(s) whose interpretation arises out of, relates to, or is interpreted in
11 connection with this Resolution shall be liberally construed and enforced in favor of the Monroe County
12 BOCC, and shall be deferred in favor of the BOCC and such construction and interpretation shall be entitled
13 to great weight in adversarial administrative proceedings, at trial,bankruptcy, and on appeal.
14
15 Section 8. No Liability. Monroe County expressly reserves and in no way shall be deemed to
16 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
17 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
18 liability.
19
20 Section 9. Severability.If any provision of this resolution,or any part or portion thereof,is held
21 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
22 invalidity or unenforce ability of such provision, or any part or portion thereof, shall neither limit nor impair
23 the operation, enforceability, or validity of any other provision of this resolution, or any remaining part(s) or
24 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall
25 continue unimpaired in full force and effect.
26
27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
28 regular meeting held on February 19, 2025.
29
30 Mayor James K. Scholl
31 Mayor Pro Teen Michelle Lincoln
32 Commissioner Craig Cates
33 Commissioner David Rice
34 Commissioner Holly Merrill Raschein
35
36 BOARD OF COUNTY COMMISSIONERS OF MONROE
37 COUNTY, FLORIDA:
38
39 By:
40 Mayor James K. Scholl
41 (SEAL)
42 ATTEST: KEVIN MADOK, CLERK
43
44
45
46 AS DEPUTY CLERK
MONnOE COUNTY ATTORNEY
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