HomeMy WebLinkAboutItem J4 J4
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
June 18, 2025
Agenda Item Number: J4
2023-4092
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari/ Christine Hurley
N/A
AGENDA ITEM WORDING:
Approval of a resolution approving expenditure of$6,867,100.00 in surplus Tourist Development Tax
revenues, pursuant to Ch. 2024-2019, Law of Florida for acquisition funding of eleven (11) new
affordable housing units at 95295 Overseas Highway, Key Largo for the purpose of providing housing
that is affordable and available to employees of private sector tourism-related businesses and approving
an expenditure of$654,549.08 in infrastructure sales surtax revenues for acquisition of one (1) unit to
be used for the Monroe County Employee Housing Rental Program.
ITEM BACKGROUND:
Monroe County (the "County") is proposing to acquire land containing 12 new affordable housing units
with approved entitlements for an additional 16 units, including ROGO allocations on land located at
95295 Overseas Highway, Key Largo, with Parcel ID No. 00484390-000000. Eleven (11) of the 12
newly constructed units at the Subject Property will be solely occupied by households working in a
private sector tourism-related business. One (1) of the 12 units will be used for the County's Employee
Housing rental program. Of the $6,867,100.00 requested, staff recommends utilizing $1,519,180.00
from DAC 4 and $5,347,920.00 from DAC 5 as shown in the table below:
Monroe County Affordable Tourism Housing Program - Funding by District Advisory
Committee (DAC) boundaries
Encumbered DAC 1 DAC 2 DAC 3 TOTAL Project Totals
Projects: KW Stock Island West 7 mile LEMON, MMEM,
-
- 7 Mile Long Key MWAN91 MOM
Funding Available $16,868,243.00 $2,714,657.00 $6,273,123.00 $3,796,057.00$5,347,920.00 $35,000,000.00
1873
Approved/proposed
encumbrances with $16,868,243.00$2,714,657.00$6,273,123.00 $2,276,867.00 $5,347,920.00
funds transferred
between DACs
Remaining Balance$- $- $- $ $
Prior to disbursement of any portion of the $6,867,100.00, the County shall sign and record a Land Use
Restriction Agreement (LURA) restricting use of the Subject Property to affordable housing in
accordance with section 380.0666(3)(a), Florida Statutes, for 99 years.
PREVIOUS RELEVANT BOCC ACTION:
April 17, 2024 - Board directed staff to prepare an ordinance to allow for the authorized use of Tourist
Development 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 gave direction for use of the accumulated surplus Tourist Development
Tax revenues collected through September 30, 2024 to be spent as closely as possible to the 5 year
average of where the funds were collected by District Advisory Committee (DAC) boundaries, 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 and to use the North American Industry Classification System (NCAIS) to define
"tourism related affordable housing".
December 11, 2024 - Board approved Resolution 544-2024 establishing the Monroe County Affordable
Tourism Housing Program and
setting forth the program qualifications, restrictions, and conditions for funding affordable housing
projects utilizing the accumulated surplus Tourist Development Tax revenues collected through
September 30, 2024, in an amount not to exceed $35 million for the purpose of providing housing that
1874
is available to employees of private sector tourism-related businesses in the County in accordance with
Ch. 2024-219, Laws of Florida.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution.S outhCliff.TDC.housing.06.1 8.25.revised 6.3.25 rbs.docx
Project.Funding.by.DAC.pdf
SouthCliff.Application.05.28.2025.pdf
Resolution 544-2024
Resolution 155-2022 MCEHR-P.pdf
FINANCIAL IMPACT:
Utilization of$6,867,100.00 from TDC Surplus consisting of$1,519,180.00 from DAC 4 and
$5,347,920.00 from DAC 5 for purchase of 11 units.
Utilization of$654,549.08 from 304 fund for purchase of one (1)unit.
1875
RESOLUTION -2025
APPROVAL OF A RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS APPROVING THE
EXPENDITURE OF $6,867,100.00 FOR ACQUISITION FUNDING
OF 11 NEW AFFORDABLE HOUSING UNITS TO MONROE
COUNTY FOR THE ACQUISITION OF LAND CONTAINING 12
NEW AFFORDABLE HOUSING UNITS WITH APPROVED
ENTITLEMENTS FOR AN ADDITIONAL 16 UNITS ON LAND
LOCATED AT 95295 OVERSEAS HIGHWAY, KEY LARGO, WITH
PARCEL ID # 00484390-000000 AND FURTHER LEGALLY
DESCRIBED IN EXHIBIT "A"' UTILIZING ACCUMULATED
SURPLUS TOURIST DEVELOPMENT TAX REVENUES
COLLECTED THROUGH SEPTEMBER 30, 2024 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 MONROE COUNTY RESOLUTION 544-
2024 AND CH. 2024-219, LAWS OF FLORIDA; SUBJECT TO A
LAND USE RESTRICTION AGREEMENT (LURA); AND
APPROVING THE EXPENDITURE OF $654,549.08 FOR
ACQUISITION FUNDING FOR ONE (1) UNIT BY MONROE
COUNTY, UTILIZING 304 FUNDS FOR THE MONROE COUNTY
EMPLOYEE HOUSING RENTAL PROGRAM; AND
AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS IN
SUPPORT OF THE PROJECT.
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 for employees of private sector
tourism-related businesses as defined in Monroe County Resolution 544-2024; and
Page 1 of 5
1876
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
affordable housing in accordance with the conditions as set forth in SB 1456"; and
WHEREAS, the BOCC adopted Resolution 544-2024 establishing the Monroe County
Affordable Tourism Housing Program (hereinafter "the Program") 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.; and
WHEREAS, the County Administrator and Staff negotiated a proposed contract on the
BOCC's behalf for the sale/purchase of the South Cliff affordable housing project through a
funding combination of funding from the Program and from the Infrastructure Sales Surtax (304
Fund)which will be considered by the BOCC on June 18, 2025, pursuant to a separate item; and
WHEREAS, Monroe County (the "County") is proposing to acquire 12 new affordable
housing units with approved entitlements for an additional 16 units on land located at 95295
Overseas Highway,Key Largo,with Parcel ID No. 00484390-000000 and further legally described
in Exhibit"A" (the "Subject Property"); and
WHEREAS, 11 new affordable housing units to Monroe County for the acquisition of land
containing 12 new affordable housing units with approved entitlements for an additional 16
units on the Subject Property will utilizing accumulated surplus Tourist Development Tax revenues
collected through September 30, 2024 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; and
WHEREAS, 11 of the 12 acquired affordable new housing units to be solely occupied by
heads of households employed by a private sector tourism-related business whose income does not
exceed 80 percent of the median annual adjusted gross income for households within the state; and
Page 2 of 5
1877
WHEREAS, the County has applied to the Program for $6,867,100.00 in acquisition
funding for the Subject Property and all associated development rights and entitlements, and
construction funding for any remaining necessary construction; and
WHEREAS, the County has requested $6,867,100.00 be disbursed upon purchase of the
Subject Property; and
WHEREAS, the Board has determined that it should utilize tourist development tax
revenue from two District Advisory Committees (DAC) consisting of$1,519,180.00 from DAC 4
and $5,347,920.00 from DAC 5 toward the acquisition of the Subject Property, associated
development rights and any remaining necessary construction; and
WHEREAS, at the May 18, 2022 Regular Commission Meeting, the BOCC adopted
Resolution 155-2022 establishing the Monroe County Employee Housing Rental Program
(MCEHRP)for residential units owned by the BOCC which are rented to Monroe County BOCC
and Monroe County Sheriff's Office employees at reasonable rental rates; and
WHEREAS, one (1) of the 12 acquired affordable new housing units will be used for
MCEHRP and receive acquisition funding utilizing the Infrastructure Sales Surtax(304 Fund); and
WHEREAS,the Board of County Commissioners considered this resolution at a meeting
held on June 18, 2025;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. Monroe County hereby commits $6,867,100.00 of accumulated surplus Tourist
Development Tax revenues and $654,549.08 of Infrastructure Sales Surtax (304 Fund) in FY25
for acquisition of the Subject Property, all associated development rights and entitlements, and any
remaining necessary construction funding for the Subject Property.
Section 3. The County will disburse the$6,867,100.00 upon receipt, and approval by the County's
Senior Director of Planning and Environmental Resources, or her designee, of proof of recorded
LURA pursuant to section 4 below.
Section 4. Prior to disbursement of any portion of the $6,867,100.00 of accumulated surplus
Tourist Development Tax revenues, the County shall sign and record a Land Use Restriction
Agreement (LURA), to be drafted and provided by the Monroe County Attorney's Office,
restricting use of the Subject Property to affordable housing in accordance with F.S. 420.0004 and
the Monroe County Affordable Tourism Housing Program, for 99 years.
Section 5. The Mayor and County Administrator are hereby authorized to execute documents in
support of the Project.
Page 3 of 5
1878
Section 6. This resolution shall take effect immediately upon its adoption
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of
Mayor James K. Scholl, District 3
Mayor Pro Tem Michelle Lincoln, District 2
Commissioner Craig Cates, District 1
Commissioner David Rice, District 4
Commissioner Holly Merrill Raschein, District 5
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
MAYOR JAMES K. SCHOLL
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
Approved for form and legal sufficiency by:
Robert B. Shillinger, Jr.
Monroe County Attorney
Page 4 of 5
1879
Exhibit "A"
Legal Description
Parcel ID: 00484390-000000
Lots I and 2, Block 1, REVISED PLAT OF SUNRISE POINT according to the plat thereof, as recorded in Plat
Book 3, Page 11, of the iPulbilic Records of Monroe Counity, Floiridla.
AND
The Northwesterly 720,feet of the following described parcel of land: A portion of Tract 6,according to,the Plat of
Southcliff Estates on Key Lairgio and recorded in Plat Book 2, Page 45, of the Public Records of Monroe County,
Florida, more particularly described as follows: From a P.R.M. at the intersection of the Southeasterly right-of-way
line of State,Road No. 5 on the Agreed Boundary Line between Southicliff Estates and K.L. Thompson Property,
as shown on Plat recorded in Plat Book 2, Page 67, of'the Public Records of'Monroe County, Florida, ruin
Southeasterly on said Agreed Line, a distance of 66 feet to the Southeasterly right-of-way line of Old State Road
4A;thence Southwesterly along said Southeasterly right-of-way line,a distance of 330 feet to the Point of
Beginning of the parcel hereinafter described„thence continue Southwesterly on last described course,a distance
of 100 feet to the Northeasterly side of the subdivision of Sunrise Point,according to the Revised Plat recorded in
Plat Book 3, Page 11, of the Public Records of Monroe County, Florida; thence along said Northeasterly side of
Sunrise Point in a,Southeasterly direction,a distance of 10,65 feet, more or less to the shore of the Atlantic Ocean„
thence Northeasterly meandering said shore to a point of intersection with,a line which is 100 feet Northeasterly
from and parallel to,the said INoirtheasterly side of Sunrise lPoint;thence Northwesterly along said line,to the Point
of Beginning.
Page 5 of 5
1880
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APPLICATION
MONROE COUNTY
PLANNING& ENVIRONMENTAL RESOURCES DEPARTMENT
,
71
ai
Monroe County Affordable Tourism Housing Program Application
The purpose and intent of the Program is to facilitate the purchase, development, construction, and/or
rehabilitation of affordable housing projects which serve private sector tourism-related businesses and
meet the Program guidelines and requirements as set forth in the Resolution 544-2024.
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Date of Submittal: 05 /28 /2025
Month Day Year
Applicant/Agent Authorized to Act for the Property Owner:
Monroe County BOCC
Applicant(Name of Person,Business or Organization) Name of Person Submitting this Application
1100 SIMONTON STREET, KEY WEST, FL 33040
Mailing Address(Street,City, State and Zip Code)
305-289-2500
Daytime Phone Email Address
Property Owner:
Monroe County BOCC (pending acquisition)
(Name/Entity) Contact Person
1100 SIMONTON STREET, KEY WEST, FL 33040
Mailing Address(Street,City, State and Zip Code)
305-289-2500
Daytime Phone Email Address
Legal Description of Property:
(If in metes and bounds, attach legal description on separate sheet)
See Lengthy Legal Southcliff Estates Key Largo
Block Lot Subdivision Key
00484390-000000 1594008
Real Estate(RE)Number Alternate Key Number
95295 Overseas Highway 95.2
Street Address(Street,City, State,Zip Code) Approximate Mile Marker
Up a toy 12,'06,202 Page 1 of 4
1882
Affordability of Units.
All units constructed or developed with Tourist Development Council(TDC)Accumulated Surplus funding requires the
units to be maintained as affordable for a period of no less than 99 years and be consistent with the definitions provided
within F.S.420.0004,(i.e.,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).
Ren,tal Affordable 11ousing Units
Monroe f ouu,my 2024 Qualifying Income Limits
Income Limits for Sinigle Paeans
rw wry t' � tatra�rs sodi rate
11011suhota Size
0% il00% 12W
i p rwin 41,8(0 $66,A50 $811,6000 t00�220
;w t"s•m°somas 47,7i0 $76,:350 ~i95,40fl, $ V„ 480
P Ms $51,700 0 .„0 o, iti;A(V 12' ,0 '0
,i i' rSOa Is 5nVi;io25 WTI„"�5+n�4ul�nd0 �w m1 d9.:�4'��h���^^"wwp "�ry1II43,1C60
t'la'nom'ms ' 4,4 10 , i00 mi:00 i Z$,9 ) 154,tm-ii0
6 tssma sons $69.2C0 i V 0,750 $i 38,iis) $166.080
7Parrsomalss S74.NXI i ti,4R 1I44ri 0 1'77„(00 11
aw;cs MCC 4vlfA-m m9l xaiod"40 Hoiawrg p:Maidu ail
Income:hunts for Married or l)wnestiic Partners
Household Size V'ery Low Low Median i u enite
0% it0s"'is 100% i�,2 d� IO
............................_..
2 Pcrsollsm I,6131 1 Siiwi, 00 127."Mi $$152,640
2 us"rmuAs 1571mt l V 141,60) S i 4;, $171,84,01
4 J� rssmma;s S719,533 $127,267 S i 59wiW $A 9i:D,88()
ervumu's 913,933 $427,467, t idl ti7 1i2iit 24ti
psma`;ssaIurs $92.267 $147,667 $IMI,533 $221,44 N
7 peis mws 598,00 $1157,%7 LI,[9 2, 2 2 000
L 8 Paso as I S b 05,000 $i 6 ui;V,iiip $2 V 0,0001
6",w"40msa.utl.a'„Nba��a
*Please note the income limits are amended annually.
Please indicate type of proposed project. Check all that apply:
❑New construction of residential dwelling unit(s);
❑Rehabilitation of residential dwelling unit(s);
❑✓ Purchase of existing parcel(s), developed or undeveloped;
El Purchase of existing residential unit(s) or development(s); and/or
❑ Other.Please describe:
Please indicate type and number of residential units to be provided:
❑Studio/efficiency apartment(s); units
❑p 1 bedroom/ 1 bathroom apartment(s); 12 units
❑2+bedroom/bathroom apartment(s); units
❑ Family type units with multiple bedroom/bathrooms. units
Uppaao� 12,'06,2.02% Page 2 of 4
1883
Please indicate the type of qualified employees you wish to house, subject to affordability criteria,in order of
preference. (Rank in order of 1-4. 1 being the highest priority and 4 being the lowest priority.)
0 Single employees 1
0 Employees with dependents 1
0 Entry-level employees 1
0 Managers 1
Please indicate the sector of the 2022 North American Industry Classification System (NAICS) Categories for
the private sector tourism-related business. Select all that apply and provide any supporting documentation.
0 Sector 71. Arts, Entertainment, and Recreation
0 Sector 72. Accommodation and Food Services.
0 Subsector 487 of Sector 48-49. Scenic and Sightseeing Transportation.
Amount of funding requested: $6,867,100.00
Provide a detailed description of the project:
Purchase of 1.96 acres of land with 3 constructed buildings containing a total 12 1-bedroom units and the development rights to a a total of 28 dwelling units.This
proposal shall restrict 11 1-bedroom units to employees of private sector tourism based businesses with the 12th unit funded from the County's
304 fund.The remaining 16 units are ready to issue.
Provide a detailed timeline of the construction and development plan (can be part of detailed description of
project):
Current property owner would deliver the Project with Temporary Certificates of Occupancy for the 12 units.The remaining 16 units of the total of 28 dwelling units
permitted on the Property are ready to issue.
Provide a Business Pro-Forma that outlines and substantiates the request for funding. The Pro-Forma should
include anticipated development costs (acquisition, construction architectural/engineering fees),total number of
units, rental rates and incomes, operating expenses, distribution of rental income,financing sources,loans,
operating pro-forma, gap analysis,summary, etc.
See attached pro-forma.No loans are anticipated for the Project at this time.
Projects which are already funded and/or required to provide affordable housing
shall not be funded.
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Uppaao j 2,'06,202% Page 3 of 4
1884
Is this project receiving any other types of funding? R YES/ ❑NO
If Yes,please list other sources of funding.
The County will provide the difference between the cost of the Project and the amount available in the DACs which will result in 11 units being tourism employee
rentals and one(1)unit being used for the County Employee Rental Program.The difference in funding available will be provided from the 304 fund.
Is the proposed project required as a part of inclusionary housing requirements and/or development approvals?
❑ YES/ ONO
Is this request for funding part of a Public Private Partnership? ❑ YES/ R NO
If Yes,this requires an additional process by Florida Statute.
Any and all projects which involve one or more of the following will be given greater weight in consideration.
Please check all that apply.
❑ Projects which propose partnerships with existing governmental entities, i.e., Key West Housing Authority, Monroe
County Housing Authority,Monroe County Land Authority;
❑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;
❑ Scattered site(s) developments which utilize existing scarified single-family lots that have no protected habitat;
R 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 account to be used in the future to
provide additional affordable housing within Monroe County. (If yes,information should be included in pro-forma.)
Does this project have all required approvals,permits, development orders or other required entitlements?
D YES/ ❑ NO
If Yes,please provide copies of approved development orders and/or building permits.
I,the Applicant,certify that I am familiar with the information contained in this application, and that to the best of my
knowledge such information is true, complete and accurate.
Christine Hurley Digitally signed by Christine Hurley
Signature of Applicant Date:2025.05.28 09:52:45-04'00' Date.
STATE OF COUNTY OF
Sworn to and subscribed before me, by means of either ❑ physical presence OR ❑ online notarization, on
day of 20 , by ,
(PRINT NAME OF PERSON MAKING STATEMENT)
who is ❑ personally known to me OR ❑ produced as
(TYPE OF ID PRODUCED)
identification.
SIGNATURE OF NOTARY PUBLIC PRINT, TYPE OR STAMP COMMISSIONED
NAME OF NOTARY PUBLIC
MY COMMISSION EXPIRES:
UJp&i) cd V 2/06/202/1 Page 4 of 4
1885
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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
Page 1 of 6
1888
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.
Page 2 of 6
1889
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
Page 3 of 6
1890
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
Page 4 of 6
1891
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
1892
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
Page 6 of 6
1893
M .w
MONROE COUNTY, FLORIDA BOARD
OF COUNTY COMMISSIONERS
RESOLUTION NO. 155 -2022
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ("BOCC") ESTABLISHING THE
MONROE COUNTY EMPLOYEE HOUSING RENTAL
PROGRAM FOR RESIDENTIAL UNITS OWNED BY THE
MONROE COUNTY BOCC WHICH ARE RENTED TO MONROE
COUNTY BOCC AND MONROE COUNTY SHERIFF'S OFFICE
EMPLOYEES AT REASONABLE RENTAL RATES.
1 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board",
2 "Monroe County", or the"County") currently offers a number of County-owned housing units to its
3 employees for long-term lease, but this has not yet been formally established, by resolution, as an
4 official BOCC affordable employee housing program; and
5
6 WHEREAS, the BOCC currently owns four (4) housing units which have been rented to
7 County and Monroe County Sheriff's Office employees at reasonable rental rates to assist with
8 employee retention and to assist with on-site management of certain sites (such as parks and
9 beaches); and
10
11 WHEREAS, certain BOCC-owned units, although not subject to specific deed restriction,
12 are rented to said employees at reasonable rental rates that have been approved by the BOCC when
13 leases with said employees are approved; and
14
15 WHEREAS, certain County-owned units are subject to affordable housing deed restrictions
16 per Monroe County Land Development Code ("Code" or "LDC") Section 139-1 and are therefore
17 rented to said employees who meet applicable tenant income limits at rental rates not to exceed the
18 maximum allowed by the Code; and
19
20 WHEREAS, the County has also partnered with the Monroe County Housing Authority
21 ("MCHA") to develop and manage additional deed-restricted affordable housing units throughout
22 the county; and
23
24 WHEREAS, the County has acquired close to twenty (20) parcels of land since Hurricane
25 Irma made landfall in 2017, and is in the process of constructing additional deed-restricted
26 affordable employee housing units that may be either included in the employee housing rental
27 program, or may be managed by the MCHA as referenced above;
28
29
1 of 3
1894
I NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
3
4 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of legislative
5 intent are true and correct and are hereby incorporated as if fully set forth herein.
6
7 Section 2. A "Monroe County Employee Housing Rental Program" (the "program") is hereby
8 established, subject to the following guidelines and requirements:
9
10 1. The program shall consist of housing units owned by the Monroe County Board of
11 County Commissioners ("BOCC", "Board", "Monroe County", or the "Board") and
12 rented/leased to Monroe County BOCC non-probationary employees, and Monroe
13 County Sheriff s Office employees where necessary for security purposes, as determined
14 by the Board from time to time by resolution.
15 2. The BOCC's inventory of units within the program is:
16 (a.) 382 Caribbean Ave.; Unit A; Key Largo, FL
17 (b.) 382 Caribbean Ave.; Unit B; Key Largo, FL
18 (c.) 41 Judy Place; Key Largo, FL
19 (d.) 701 Sands Road; Big Pine Key, FL
20 3. Units will be leased at rates determined by the Board from time to time by resolution.
21 4. The program units deed restricted as affordable employee housing under LDC Section
22 139-1 must comply with income limits, maximum rental rates, and all other requirements
23 of the Code, and shall be subject to all qualification and monitoring requirements of the
24 Code.
25 5. New units may be added to the program by BOCC-approved Resolution as they are
26 acquired and/or constructed, and become available for lease.
27 6. Staff is hereby authorized to implement this program according to the foregoing
28 guidelines and/or requirements, including by creating and administering non-legislative
29 rules,policies,processes, and procedures, relating to, arising out of, or in connection
30 with the program, including but not limited to leases, qualification when required,
31 income qualification when required, etc.
32 7. Only non-probationary employees are eligible. When a unit is available, the County will
33 offer the tenancy as directed by the BOCC. Rental rates shall be established. Occupancy
34 may be targeted to a specific variety of staff(for example, a housing unit located at a
35 park may be rented to park maintenance staff to assist the County with streamlined park
36 operations). Letters of recommendation from interested applicants' Department heads
37 must be provided by such applicants. Applicants will be initially selected by lottery. If
38 there are applicable requirements to qualify (for example, income requirements), each
39 person or persons initially selected by lottery will be reviewed to ensure qualification and
40 income eligibility to ensure the person can meet the salient restriction(s) and/or
41 requirement(s). If the person initially selected by lottery does not meet a materially
42 relevant restriction or qualification requirement, the next person(s) in numerical order
43 will become the operative initially selected person(s), and that process shall proceed,
44 until an eligible person or persons who can meet all such requirements/restrictions is/are
45 chosen.
46
47 Section 3. Construction and Interpretation. This Resolution, being necessary for the
48 health, safety, and welfare of the residents of and visitors to Monroe County, shall be liberally
49 construed to effect(uate) the public purpose(s) hereof. Interpretation of this Resolution shall be
2of3
1895
1 construed in favor of the Monroe County Board of County Commissioners, and such construction and
2 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in
3 bankruptcy, and on appeal.
4
5 Section 4. Non-Reliance by Non-Parties and No Third-Party Rights or Beneficiaries.
6 Nothing contained herein shall create or be construed or interpreted to create any relationship,
7 contractual or otherwise, with, or any rights in favor of, any third party. No person or entity shall be
8 entitled to rely upon this Resolution or any provision hereof to enforce or attempt to enforce any claim
9 or entitlement to or benefit of any service or program contemplated hereunder.
10
11 Section 5. Section Headings. Section headings have been inserted into this Resolution as
12 a matter of convenience of reference only, and shall not be used in the interpretation or construction
13 of this Resolution or any part thereof.
14
15 Section 6. No Liability. Monroe County expressly reserves and in no way shall be
16 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
17 governmental, and other similar defense, immunity, exemption, or protection against any suit, cause-
18 of-action, demand, or liability.
19
20 Section 7. Severability.If any provision of this Resolution, or any part or portion thereof,
21 is held to be invalid or unenforceable by any administrative hearing officer or court of competent
22 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall
23 neither limit or impair the operation, enforceability, or validity of any other provision of this
24 Resolution, or any remaining part(s) or portion(s)thereof.All other provisions of this Resolution and
25 remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
26
27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
28 a duly noticed regularly scheduled public meeting of the BOCC held on the 18t"day of May, 2022.
29
30 Mayor David Rice Yes
31 Mayor Pro Tern Craig Cates Yes
32 Commissioner Michelle Coldiron Yes
33 Commissioner James Scholl Yes
34 �� Q°� Commissioner Holly Merrill Raschein Yes
35 i 23
36 BOARD OF COUNTY COMMISSIONERS
37 OF MONROE COUNTY,FLORIDA
38 —
- :
39 -- _ By:
6 :v
40 .,�o�� ,„.s�1 Mayo avid Rice
(SE 41
42 ATTEST: KEVIN MADOK, CLERK
43 MONROE GO ATTORNEY' �' -
APP O. TO:FORM C==-7 -:
44 By:
45 S DEP TYCLERK
PETER MORRIS
ASSISTANTT-COUNTY ATTORNEIL ^�
Date: 5/3/22
3 of 3
1896 .