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Home My WebLink AboutResolution 229-2025 RESOLUTION 229 -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 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 apolicy 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 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 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;18th day of June ,2025 Mayor James K. Scholl, District 3 Yes Michelle '1VIay.or Pro Tem Lincoln,co n; District 2 Yes.. . Commissioner Craig Cates, District 1 Absent CommissionerDavid Rice, District 4 Yes 1 1 HollyRaschein, District 5 Com�n ss Commissioner Merrill Rasc el . Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, 1 i g . 4, . # - I a Mk P By: ITY OR JAMES K. SCHOLL / t yJ,. '(SEiL)1 `A'';''':1/4'` , MONROE COUNTY ATTORNEY 1,` ° AT EST•,, �� + �� - �: ° IN MADOK, CLERK Approved for form and legal sufficiency --,i,,,‘7:--tom C t i� 1 >s JS s+.:r_tv 8 i .. .. 7O V,ZEI KAT/4:'i . ,, , ::; '�� Digitally signed by Robert B. n . -7... y, Tt___ Robert R r,: A.au ` ;-_-`7 '.;,,T�" • Shillinger,Jr. 1 Date:2025.06.23 14:09:02 '�: s-10 Shillinger Jr. f:.;w g , 04'00' By: By. As eputy Clerk Robert Shillinger, Jr., County Attorney 4' . 4 +-h.:.W '0C. a. ) CC .»,,.ter: rr ca E -..-1':ii::' ?'". Exhibit "A" . k CL,"" Legal Description Page 4 of 5 Parcel ID: 00484390-000000 Lots I and 2, Block 1, REViSED PLAT OF SUNRISE POIN', according to the plat thereof, as recorded in Plat Book 3, Page, 11, of the Public Records of Monroe County, Florida. AND, The Northwesterly 720,feet of the follow ng described parcel of land: A portion of Tract 6,according to the Plat of Southcliff Estates on Key Largo and recorded in Plat Book 2, Page 45, of the Publlic Records of Monroe County, Florida,,more particularly described as follows: Frorn a P,R,V at the interseclion 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, run Southeasterly on said Agreed Line, a Mstance 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 contiinue 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, FloridaA thence along said Northeasterly side of Sunrise Point in a Southeasterly direction, a distance of 1065 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 Norlheasterly side of Sunrise,Point;thence Northwesterly along said line to the Point of Beginning, Page 5 of 5