HomeMy WebLinkAboutItem R3 R3
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: R3
2023-4107
BULK ITEM: No DEPARTMENT: Building and Permitting
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis
AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance Approving
Amendment of Section 6-108 ("Fees") of the Monroe County Code of Ordinances to Update and
Clarify Exemptions and/or Waivers Related to Specific Building Permit Fees.
ITEM BACKGROUND:
The Monroe County Code currently provides for certain exemptions from paying building permit fees
when a developer is developing an affordable housing project. These exemptions from paying building
permit fees were enacted many years ago when the State of Florida and other grant issuing State
agencies gave extra points when developers were competing for grants if the local governments also
exempted some of their fees as a contribution to affordable housing.
Now, however, the State of Florida- specifically for the Low Income Housing Tax Credits and SAIL
programs - has changed its scoring.
Professional staff have corresponded with the State of Florida to determine whether the County
exempting (waiving) affordable housing developers from paying building permit fees still gives those
developers points toward their grants. During recent conversations with the Director of Allocations,
Multi-Family Programs at Florida Housing Finance Corporation ("FHFC"), it was confirmed that only
certain Requests for Applications ("RFAs") contain points for applicants who receive waived fees from
local governments, and that for the 2024 projects proposed in Monroe County only one (1) RFA - RFA
2024-205 - had these points available. For this RFA any project would need to have a contribution of at
least $10,000 to achieve the maximum of 5 points, and there have been no discussions of changing this
amount for RFA 2025-205, and it has been represented to professional staff that this is expected to
remain the same. Therefore,professional staff have provided this proposed amendment to update the
Code accordingly.
Attached is a table that shows the dollar figure of permit fees that developers of affordable housing
projects have been exempted from paying over the past decade. As you can see, the County has
exempted affordable housing developers from paying $3,366,638.00 in fees since 2015, along with
details illustrating what the proposed amendments would have provided through fee waivers if they
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were implemented prior, which shows that a total of just over $2 million dollars would have remained
waived.
The Building Department has to expend time and resources reviewing affordable housing development
permit plans and inspecting affordable housing development projects, and exempting affordable housing
developers from paying the building permit fees for those public services, while providing a limited
incentive to develop such housing, risks leaving the Building Department's revenue in a shortfall. By
exempting affordable housing developers from contributing building permit fee revenue that directly
funds the Building Department's affordable housing inspection and permit plan review functions,
threatens to result in the Building Department not having the amount of revenue it needs to support
operations and staffing, thereby negatively impacting services provided to the rest of the construction
industry.
The proposed amendment would provide for projects of ten(10)units or less to apply for 100% of the
valuation-based fee categories to be considered, while allowing larger projects to apply for a 50%
waiver of these same fees, while not limiting the 100% application to project sizes of ten (10) units to
those projects being developed by a government agency; the proposed amendment also clarifies that
waivers apply only to the construction of the actual housing units and that phased projects shall be
considered cumulatively to determine eligibility; and the proposed amendment limits application to
those projects proposing housing for households with income up to 120% of the median annual adjusted
gross income level.
PREVIOUS RELEVANT BOCC ACTION:
November 18, 2009 - The BOCC approved Ordinance No. 036-2009 which stated not-for-profits
organizations with 501(c)(3) status from the IRS may apply to the BOCC for fee waivers for affordable
housing and clarified that there were no other waivers of permit fees.
February 17, 2010 - The BOCC approved Ordinance No. 004-2010 which extended those entities
eligible to apply for fee waivers to include those projects including housing at above the 120% income
category, but only if the specific project was subsidized with or is leveraging state or federal funding.
September 21, 2011 - The BOCC approved Ordinance No. 012-2011 which added only the individual
housing units were eligible for fee waivers.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Ordinance -2025_6-108_Fees_update (Finalized).pdf
Waived Permit Fees 2015-April2025 with Evaluation of Proposed Amendments.pdf
Business Impact Estimate Building Fees Ordinance.pdf
FINANCIAL IMPACT:
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Specific future amounts cannot be provided in advance. Any decreases in the amount of building permit
fees waived (exempted)would result in an increase in revenue to the Building Fund.
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m(�fiM1' rrya.
MONROE COUNTY,FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2025
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS
TO SECTION 6-108, MONROE COUNTY CODE OF
ORDINANCES, TO UPDATE AND CLARIFY WAIVERS
AND/OR EXEMPTIONS REGARDING SPECIFIC PERMIT
FEES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
OF STATE; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board",
"Monroe County", or the "County") desires to update Section 6-108, Chapter 6, Monroe County
Code("MCC"),to assist in the development of affordable housing without simultaneously creating
a risk of a lack of revenue from affordable housing building permits sufficient to support the
County's Building Fund; and
WHEREAS, the Monroe County Building Department has to expend time and resources
reviewing affordable housing development permit plans and inspecting affordable housing
development projects, and exempting affordable housing developers and others from paying the
building permit fees for those public services, while providing a limited incentive to develop such
housing, risks leaving the Building Department's revenue in a shortfall; and
WHEREAS, by exempting affordable housing developers and others from contributing
building permit fee revenue that directly funds the Building Department's affordable housing
inspection and permit plan review functions, threatens to result in the Building Department not
having the amount of revenue it needs to support operations and staffing, thereby negatively
impacting services provided to the rest of the construction industry; and
WHEREAS,the BOCC seeks to improve upon the balance between the above-referenced
objectives through the following amendment(s);
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. — Recitals and Legislative Intent. The foregoing recitals, findings of fact,
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statements of legislative intent, and conclusions of law are true and correct and are hereby
incorporated as if fully stated herein.
Section 2. The entirety of the record of the public hearing, including the presentation of
professional staff and feedback furnished by professional staff to the Board, at the Monroe County
Board of County Commissioners' June 16Ih public hearing is hereby incorporated as if fully stated
herein.
Section 3. The analysis, factual findings, and legal determinations of professional staff in
the above-referenced record,to the extent not plainly inconsistent with this Ordinance, are adopted
as the Board's own analysis, factual findings, and legal conclusions.
Section 4.—Amendment. Section 6-108 of the Code of Ordinances of Monroe County is
hereby amended as follows (deletions are st+ieken through; additions are underlined):
Sec. 6-108. -Fees.
(a)Purpose. The purpose of this section is to establish the authority, schedule, and exemptions
for permitting and related fees.
(b) Authority and fee schedule. Except as specifically established by this chapter, the board of
county commissioners may by resolution establish a fee schedule for, but not limited to,
permit applications,permits,plans examination,certificates of competency,re-inspections,
permit renewals, administrative fees, variance requests, and administrative appeals.
(c) Required. Except as authorized by this chapter, no permit shall be issued without payment
of all appropriate fees. Where a nonrefundable application fee is charged, the fee may be
applied to off-set the total permit fee at the time the permit is issued, except where the
application fee exceeds the total permit fee. In this case, the application fee shall become
the total permit fee.
(d) Exemptions. Exemptions only exist as specifically provided by state statute and for
volunteer fire departments.
(e) Waivers. Any entity may apply to the board of county commissioners for fee
waivers from the building permit and building permit application fees for construction of
won of affordable, toor- vepf toineehousing intended for occupancy for
th-ese households with income up to 120 percent of the median annual adjusted gross
income as defined by Monroe County. Pursersor-entities whieh have a development order
All such waivers apply
only to permit fees for the individtial housing units being constructed and not to permits
for site work, accessory structures, or infrastructure. There are no other waivers of permit
fees. Waivers shall be available for consideration by the BOCC as follows:
(1) For projects of 10 units or less, a one hundred percent(100%)waiver of the valuation-
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based fee categories of the fee schedule may be considered,
(2) For projects of more than 10 units, a fifty percent(50%)waiver of the valuation-based
fee categories of the fee schedule may be considered,
(3) If successive waiver requests are made for phased projects, regardless of whether
aggregated for the purpose of development or not, they shall be considered
cumulatively to determine the percent waiver for which the project is eligible, and
(4) Affordable housing projects developed by a government agency shall be eligible for a
one hundred percent(100%)waiver regardless of project size.
(f) Refunds. No fees paid for permit fees shall be refunded without the approval of the
Building Official with concurrence from the planning director.
Section 5. To the extent of any internal or external conflicts, inconsistencies, and/or
ambiguities, within this Ordinance or between this Ordinance and the Monroe County Code of
Ordinances, Florida Building Code, Monroe County Land Development Code, floodplain
management regulations, Comprehensive Plan, or any other approval of the Monroe County Board
of County Commissioners, Monroe County Planning Commission, Monroe County Planning &
Environmental Resources Department, or other department or office of Monroe County, the rule,
regulation,law,provision,and/or text more restrictive on the granting or approval fee exemption(s)
and/or fee waiver(s) shall always apply and control.
Section 6. Subject to Section 5. above, the interpretation of this Ordinance, and all
provisions of the Monroe County Codes, Comprehensive Plan, floodplain management
regulations, and Florida Building Code whose interpretation arises out of, relates to, or is
interpreted in connection with this Ordinance, shall be construed in favor of Monroe County and
such interpretations shall be entitled to great weight, including but not limited to in adversarial
administrative proceedings, at trial, and on appeal.
Section 7. — Severability, Partial Invalidity, and Survival of Provisions. If any
provision of this Ordinance, or any section, subsection, or 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 nor impair the operation, enforceability, or validity of any other provision of this Ordinance,
or any remaining section(s), subsection(s),part(s), or portion(s)thereof.All other provisions of this
Ordinance, and remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and
effect.
Section 8. — Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict herein. Such repeal
shall not repeal the repealing clause of such ordinance or revive any ordinance which has been
repealed hereby.
Section 9. — Captions and Paragraph Headings. Captions and paragraph headings,
where used herein, are inserted for convenience only and are not intended to descriptively limit
the scope and intent of the particular paragraph or text to which they refer.
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Section 10. — Inclusion in the Monroe County Code of Ordinances. The provisions of
this ordinance shall be included and incorporated into the Code of Ordinances of Monroe County,
Florida, and shall be numbered to conform with the uniform numbering system of the Code.
Section 11.—Effective Date. This Ordinance shall be filed in the Office of the Secretary
of the State of Florida and shall become effective as provided by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , 2025.
Mayor James K. Scholl
Mayor Pro Tem Michelle Lincoln
Commissioner Craig Cates
Commissioner David Rice
Commissioner Holly Merrill Raschein
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA:
By: By:
As Deputy Clerk Mayor
MONROE LINTY TT RNEY OFFICE .
Co'. TT
I FOR
ORNEY
MONROE COUNTY , � °� .......
� T
APPROVED AS TO FORM:
PETER MORRIS
ASSISTANT COUNTY ATTORNEY SWANT COUNTY ATTORNEY
Date: ,. -, .
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BUSINESS IMPACT ESTIMATE'_
Meeting Date: June 18,2025
Proposed Ordinance Title/Reference:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ADOPTING AMENDMENTS TO SECTION 6-108,MONROE COUNTY CODE OF ORDINANCES,TO
UPDATE AND CLARIFY WAIVERS AND/OR EXEMPTIONS REGARDING SPECIFIC PERMIT
FEES;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF STATE;PROVIDING
FOR CODIFICATION;AND PROVIDING FOR AN EFFECTIVE DATE.
The Proposed Ordinance❑ does ® does not fall under one of the following enumerated
exceptions:!
❑ The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including
revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including,
but not limited to,any Federal,State,local,or private grant or other financial assistance accepted by
the county government,
❑ The proposed ordinance is an emergency ordinance,
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal
planning, and land development regulation, including zoning, development orders,
development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or
d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
The proposed ordinance does not impact private, for-profit businesses and has a positive impact on the
process of consideration of waiving of specific permit fees.
Business impact statement must be posted on the county's website no later than the date the notice of proposed enactment is published-
2 F.S.125.66(3)(c)(2023)
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Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs: No direct economic impact on private,for-profit
businesses.No direct compliance cost unless found to be violating state or local law.
b. New Charges/Fees on Businesses Impacted: No new fees or charges on businesses are proposed.
c. Estimate of Regulatory Costs: There will be no anticipated impact on the County with
respect to the staff and resources to implement the proposed Ordinance.
Good Faith Estimate of Number of Businesses Likely Impacted:No businesses are likely to be
impacted by the proposed Ordinance.
Any Additional Information:
No additional information is applicable.
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