HomeMy WebLinkAboutOrdinance 018-2025 1 ,�r
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO.018-2025
11
12 AN ORDINANCE, BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS, ADOPTING AMENDMENTS TO THE MONROE
14 COUNTY COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT
15 AND HOUSING ELEMENT TO MODIFY THE REQUIREMENTS
16 RELATED TO THE COUNTY'S REMAINING 214 EARLY EVACUATION
17 UNIT BUILDING PERMIT ALLOCATIONS THAT WERE
18 ADDITIONALLY CREATED IN 2018 BY THE GOVERNOR OF
19 FLORIDA, THE FLORIDA ATTORNEY GENERAL, THE FLORIDA
20 CHIEF FINANCIAL OFFICER, AND THE FLORIDA AGRICULTURE
21 COMMISSIONER ACTING AS THE STATE ADMINISTRATION
22 COMMISSION, BY REMOVING THE EXISTING 1-FOR-1 TAKINGS
23 AND BERT HARRIS ACT LIABILITY REDUCTION EXCHANGE
24 REQUIREMENT,AS WELL AS CLARIFYING COMPREHENSIVE PLAN
25 POLICIES 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10,
26 101.3.11, 101.3.12, AND 601.1.8; PROVIDING FOR SEVERABILITY;
27 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
28 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
29 AGENCY AND SECRETARY OF STATE; PROVIDING FOR
30 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
31 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.'
32
33
34 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
35 Statutes, Monroe County ("Board of County Commissioners", "Board", "BOCC", "Monroe
36 County", or the "County")possesses the police power(s)to enact ordinances to protect the health,
37 safety, and welfare of the public at-large; and
38
39 WHEREAS,the Florida Keys Area Protection Act,2 codified at Section 380.0552, Florida
40 Statutes, specially designates Monroe County an Area of Critical State Concern, establishes the
41 "legislative intent"3 of the State of Florida to "ensure that the population of the Florida Keys can
42 be safely evacuated" [Section 380.0552(2)(j), Florida Statutes] and requires that amendments to
43 each local government's comprehensive plan "must" include "[g]oals, objectives, and policies to
44 protect public safety and welfare in the event of a natural disaster by maintaining a hurricane
45 evacuation clearance time for permanent residents of no more than 24 hours."4; and
'Monroe County Planning and Environmental Resources Department File No.2024-213.
2 Fla. Stat. § 380.0552(1).
3 Fla. Stat. § 380.0552(2).
4 Fla. Stat. § 380.0552(9)(a)(2.).
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I WHEREAS, Monroe County has adopted a Permit Allocation System known as the Rate
2 of Growth Ordinance ("ROGO") to provide for the safety of the visitors to and the residents of
3 Monroe County in the event of major hurricanes and to protect the Florida Keys Area of Critical
4 State Concern's significant sensitive environmental and natural resources of statewide
5 importance,s as required by the State of Florida; and
6
7 WHEREAS, on May 2, 2018, then-Governor Rick Scott issued a press release outlining
8 an initiative of the State Department of Economic Opportunity ("DEO"),6 operating under the
9 administration of Governor Scott, for a"Keys Workforce Housing Initiative" to add an additional
10 1,300 ROGO allocations into the Florida Keys Area of Critical State Concern("ACSC")for rental
11 workforce housing with the condition that the rental workforce occupants must evacuate in the
12 early phase (48-hour window) of a hurricane evacuation; and
13
14 WHEREAS, on June 13, 2018, then-Governor Rick Scott, Florida Attorney General
15 Pamela Bondi, Florida Chief Financial Officer Jeff Atwater, and Florida Agriculture
16 Commissioner Adam Putnam acting as the State Administration Commission approved the
17 "Workforce Housing Initiative" after presentation by DEO that the Phase I hurricane evacuation
18 (under the existing staged hurricane evacuation plan) can be accomplished in 17.5 hours, leaving,
19 then, an additional capacity of 6.5 hours within Phase I; and
20
21 WHEREAS, the Florida Keys must manage growth cognizant of the quadruple issues of
22 new housing stock naturally constrained by limited development potential due to the Florida Keys
23 island chain's geographic features and resulting expensive and finite dry land, a local economy
24 with a prevalence of lower paying tourism jobs, and the need to safely evacuate the Florida Keys
25 in the event of hurricanes and to protect the island chain's fragile environmental and natural
26 resources; and
27
28 WHEREAS, the need to protect and preserve an adequate inventory of
29 affordable/workforce accessible housing stock is, for the reasons stated in the paragraph
30 immediately above, a challenge in the Florida Keys; and
31
32 WHEREAS, the BOCC adopted Ordinance No. 2021-005 and Ordinance No. 2021-006,
33 amending the Monroe County Comprehensive Plan and Land Development Code, respectively,
34 authorizing the acceptance of 300 early evacuation allocations from the State and to allow said
35 early evacuation allocations be utilized in exchange for existing affordable units/approved
36 affordable allocations pursuant to a mechanism allowing the returned affordable units/allocations
37 to be banked into the County's administrative relief pool to resolve county-wide takings and Bert
38 Harris Act liability; and
39
40
s Fla. Stat. § 380.05(2)(a).
6 The State"Department of Economic Opportunity"has since been renamed the State"Department of Commerce"
pursuant to Ch.2023-173,Laws of Fla. (codified at Fla. Stat. §20.60).
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I WHEREAS, at the BOCC's September llth, 2024, regular public meeting, the Board
2 directed Planning and Environmental Resources Department professional staff to begin
3 processing Comprehensive Plan and Land Development Code text amendments to eliminate the
4 aforementioned 1-for-1 takings and Bert Harris Act liability reduction exchange requirement for
5 the remaining unused 214 early evacuation unit building permit allocations; and
6
7 WHEREAS, the laws, policies, rules, and regulations adopted in the Monroe County
8 Comprehensive Plan and Land Development Code ("LDC") are to maintain public health, safety,
9 and welfare of the public at-large of the Florida Keys and to strengthen our local government
10 capability to manage land use; and
11
12 WHEREAS, on December 12, 2024, a community meeting was held, as required by LDC
13 Section 102-159(b)(3), to discuss these proposed Comprehensive Plan and Land Development
14 Code text amendments, and to provide for public participation; and
15
16 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
17 considered the proposed amendment(s) at a regularly scheduled DRC meeting held on February
18 18, 2025; and
19
20 WHEREAS, the Monroe County Planning Commission ("Planning Commission" or
21 "PC") held a public hearing on March 26, 2025, for review and recommendation on the proposed
22 Comprehensive Plan text amendment(s); and
23
24 WHEREAS, the Planning Commission adopted Resolution No. P11-25 recommending
25 approval of the instant amendment(s) including but not limited to clarify Monroe County
26 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10,
27 101.3.11, 101.3.12, and 601.1.8; and
28
29 WHEREAS, at public hearing held on April 16, 2025, the Board adopted BOCC
30 Resolution No. 168-2025, which transmitted the proposed text amendment(s) to the State Land
31 Planning Agency; and
32
33 WHEREAS, the State Land Planning Agency reviewed the amendment(s) and issued an
34 Objections, Recommendations and Comments ("ORC")report on June 27th 2025; and
On September 11,2024,the BOCC,as part of Public Hearing Item Q3. on the BOCC's published regular meeting
agenda for that day's regular BOCC meeting("Public Hearings-Q3.:A Public Hearing to Consider a Request for
the BOCC to Approve a Resolution Transmitting to the State Land Planning Agency an Ordinance, by the BOCC,
Proposing to Amend the Comprehensive Plan so as to Newly Create a Tavernier Workforce Housing Subarea 1,
Which Involves Text Changes to the Adopted Policies of the Comprehensive Plan Which Limits Disposition of Early
Evacuation Unit Allocations to a ]-for-]Exchange Program for Banking Into the County's Administrative Relief
Pool for Takings and Bert Harris Act Liability Reduction Countywide,In Order to Allow for 86 Early Evacuation
Unit Allocations to be Awarded for Development Without Requiring In Return an Equal Number of Affordable
ROGO Allocations To Be Banked Into the County's Administrative Relief Pool, as Requested by Cemex
Construction Materials, Florida, LLC,f/k/a Singletary Concrete Products Inc., LLC"),directed County professional
staff to initiate the process for Land Development Code ("LDC") and Comprehensive Plan("CP")amendments(i.e.,
to draft LDC and CP ordinances)to remove the 1-for-1 takings and Bert Harris Act liability reduction program
requirement referenced herein,which the Board had originally enacted pursuant to BOCC Ordinance No.006-2021,
for all of the County's remaining 214 early evacuation unit building permit allocations.
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I WHEREAS, the State Land Planning Agency's ORC report did not identify any
2 objections, recommendations, or comments; and
3
4 WHEREAS, Monroe County has 180 days from the date of receipt of the ORC to adopt
5 the proposed amendment(s), adopt the amendment(s) with changes, or to not adopt the
6 amendment(s); and
7
8 WHEREAS, the Monroe County Board of County Commissioners is authorized by
9 Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such
10 business regulations as are necessary for the protection of the public; and
11
12 WHEREAS, the Monroe County Planning and Environmental Resources Department
13 professional staff memorandum ("professional staff report") dated July 26, 2025, for the August
14 20th, 2025, BOCC public hearing, completed by and from Department Assistant Director Cheryl
15 Cioffari, A.LC.P.,B recommends approval of the proposed amendment(s) to the Monroe County
16 Comprehensive Plan amending the instant Comprehensive Plan provisions in order to eliminate
17 the 1-for-1 takings and Bert Harris Act liability reduction exchange requirement for the remaining
18 214 early evacuation unit building permit allocations; and
19
20 WHEREAS, at a regularly scheduled meeting held on August 20, 2025,the BOCC held a
21 duly noticed public hearing, considered the professional staff report and recommendation
22 accompanying this proposed text amendment(s) (hereinafter"amendment")to the Monroe County
23 Comprehensive Plan, and provided for public comment and public participation in accordance
24 with the requirements of law and the procedures adopted for public participation in the planning
25 process; and
26
27 WHEREAS, based upon the documentation submitted and information provided,
28 including but not limited to the documentation and information furnished in the Department's
29 professional staff report, the BOCC hereby makes the following findings of fact and conclusions
30 of law:
31
32 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
33 Monroe County Year 2030 Comprehensive Plan; and
34 2. The proposed amendment is consistent with the Principles for Guiding Development for
35 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes;
36 and
37 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statutes.
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
41
42 Section 1. Title, Legislative Intent, Recitals, Findings of Fact, and Conclusions of Law.
43 The foregoing title, recitals, statements of legislative intent, findings of fact, and
44 conclusions of law are true and correct and are hereby incorporated as if fully stated
45 herein.
s American Institute of Certified Planners(A.LC.P.)—Certification.
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I Section 2. The analysis, findings of fact, and conclusions of law in the July 26, 2025-dated
2 Monroe County Planning and Environmental Resources Department professional
3 staff report accompanying this BOCC agenda item, prepared/completed by and
4 from Department Assistant Director Cheryl Cioffari,A.LC.P., is/are adopted,to the
5 extent not plainly inconsistent with this Ordinance, as the BOCC's own analysis,
6 findings of fact, and conclusions of law, and the BOCC hereby incorporates said
7 professional staff report as if fully set forth herein. The entirety of the record of the
8 August 20, 2025, public hearing before the Monroe County Board of County
9 Commissioners to consider this Ordinance is hereby fully incorporated by reference
10 as if fully stated herein.
11
12 Section 3. The Monroe County Comprehensive Plan is hereby amended as follows:
13
Proposed Amendment: deletions are st+ieke*�hfettg4; additions are shown in underlined.
14
15
16 Objective 101.2
17 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
18 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
19 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
20 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
21 adopted between the County and all the municipalities and the State agencies.
22
23 Policy 101.2.1
24 Monroe County shall maintain a memorandum of understanding with the State Land
25 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
26 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
27 data and analysis,the input variables and assumptions, including regional considerations,
28 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
29 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
30 clearance times for the population of the Florida Keys.
31
32 Policy 101.2.2
33 Monroe County shall coordinate with all the municipalities, the State Land Planning
34 Agency and Division of Emergency Management to update the variables and assumptions
35 for the evacuation clearance time modeling and analyses of the build-out capacity of the
36 Florida Keys Area of Critical State Concern based upon the release of the decennial
37 Census data. Pursuant to the 2012 eempleted hurricane evacuation clearance time
38 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
39 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
40 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
41 maintaining an evacuation clearance time of 24 hours. The County adopted a slower rate
42 of annual allocations for market rate development to extend the allocation timeframe to
43 2026 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County
44 shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for
45 hurricane evacuation clearance time requirement standards; 2)new hurricane evacuation
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I modeling by the State Land Planning Agency and Division of Emergency Management;
2 and 3) a new or revised memorandum of understanding with the State Land Planning
3 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key
4 Colony Beach and Layton (see Policy 101.2.1).
5
6 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12,
7 Monroe County shall establish a new allocation category to accept and award 300
8 affordable workforce housing early evacuation unit building permit allocations pursuant
9 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative).
10 These allocations are in addition to the maximum allocations identified in Rules 28-20,
11 F.A.C., and shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending
12 major hurricane.
13
14 Policy 101.2.3
15 The County will consider capital improvements based upon the need for improved
16 hurricane evacuation clearance times, including potential impacts from sea level rise to
17 the County's evacuation route. The County will coordinate with the FDOT, the state
18 agency which maintains U.S.1, to ensure transportation projects that maintain and
19 improve clearance times are prioritized.
20
21 Policy 101.2.4
22 In the event of a pending major hurricane (Category 35) Monroe County shall
23 implement the following staged/phased evacuation procedures to achieve and maintain
24 an overall 24-hour hurricane evacuation clearance time for the resident population.
25 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
26 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
27 vessels (transient and non-transient), military personnel, units approved, and deed
28 restricted as affordable workforce housing early evacuation units from the Florida
29 Keys shall be initiated. State parks and campgrounds should be closed at this time or
30 sooner and entry into the Florida Keys by non-residents should be strictly limited.
31 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
32 of mobile home residents, special needs residents, and hospital and nursing home
33 patients from the Keys shall be initiated.
34 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
35 evacuation of permanent residents by evacuation zone (described below) shall be
36 initiated. Existing evacuation zones are as follows:
37 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
38 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
39 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
40 63)
41 d)Zone 4 -West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
42 63-106.5 and MM 1-9.5 of CR 905)
43 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
44
45 The actual sequence of the evacuation by zones will vary depending on the individual
46 storm. The concepts embodied in these staged evacuation procedures should be
47 embodied in the appropriate County operational Emergency Management Plans.
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1
2 The evacuation plan shall be monitored and updated on an annual basis to reflect
3 increases, decreases and or shifts in population;particularly the resident and non-resident
4 populations.
5
6 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
7 of allocations to more than 197 residential units a year, except for affordable housing.
8 Any increase in the number of allocations shall be for affordable housing. Monroe County
9 hereby accepts 300 affordable workforce housing early evacuation unit
10 building permit allocations pursuant to the Workforce-Affordable Housing Initiative
11 (Policy 101.3.12 Workforce Initiative) authorized by the Florida Administration
12 Commission, Chapter 2023-17, Laws of Florida, and the State Land Planning Agency
13 These early evacuation allocations are in
14 addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
15 restricted to rental occupancy for those who derive at least 70% of their income as
16 members of the workforce in Monroe County and who meet the affordable housing
17 income categories of the Monroe County Land Development Code. The early evacuation
18 allocations shall be required to evacuate in Phase 1 of the 48-hr evacuation as provided
19 in Policy 101.2.4 . No new additional residential dwelling
20 unit allocations shall be authorized within the Phase 1 of the 48-hr evacuation unless
21 approved and provided by the Florida Administration Commission and the State Land
22 Planning Agency 4^r' '^ �� ^^"^ ''^ n�� after review of hurricane
23 evacuation modeling results by the State Land Planning Agency and the Division of
24 Emergency Management of available evacuation capacity and a review of the level of
25 service and available capacity for all public facilities.
26
27 Objective 101.3
28 Monroe County shall regulate new residential development based upon the finite carrying
29 capacity of the natural and man-made systems and the growth capacity while maintaining a
30 maximum hurricane evacuation clearance time of 24 hours.
31
32 Policy 101.3.1
33 Monroe County shall maintain a Permit Allocation System for new residential
34 development known as the Residential Rate of Growth Ordinance (ROGO) System. The
35 Permit Allocation System shall limit the number of permits issued for new residential
36 dwelling units. The ROGO allocation system shall apply within the unincorporated area
37 of the county, excluding areas within the county mainland and within the Ocean Reef
38 planned development (Future development in the Ocean Reef planned development is
39 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
40 recognized and issued by the Department of Community Affairs). New residential
41 dwelling units included in the ROGO allocation system include the following: affordable
42 housing units; market rate dwelling units; mobile homes; institutional residential units
43 (except hospital rooms) and affordable workforce housing early evacuation units.
44
45 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
46 a distinct location, and therefore cannot be accounted for in the County's hurricane
47 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
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I or associated wet slips be transferred upland or converted to a dwelling unit of any other
2 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
3 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
4 Exemption).
5
6 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
7 units; and seasonal residential units are subject to Policy 101.3.5.
8
9 For purposes of this Policy,the redevelopment or replacement of any lawfully established
10 unit within the Venture out community, which is located in the Lower Keys at MM23 on
11 Cudjoe Key, that does not increase the number of units, above that which existed on or
12 before January 4, 1996, shall be exempt from the permit allocation (ROGO) system.
13 Policies 101.3.5 and 101.6.8 shall not apply to Venture Out, and the units within Venture
14 Out may be developed as either detached dwelling, mobile home or recreational vehicle
15 use through the approval of a building permit,provided the following are met:
16 1. To not increase the hurricane evacuation clearance time of permanent
17 residents, in the event of a pending major hurricane (Category 35), a
18 mandatory evacuation of all occupants of units within Venture Out,regardless
19 of unit type, is required at least 48 hours in advance of tropical storm winds.
20 Approximately 48 hours in advance of tropical storm winds, a mandatory
21 evacuation of occupants residing in a permanent unit shall be initiated and a
22 mandatory evacuation of both the occupants of recreational vehicles (RVs)
23 and the RVs shall be initiated;
24 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of
25 detached dwelling (permanent), mobile home (permanent) and recreational
26 vehicles (transient) uses may occur only within the gated Venture Out
27 community with a managing entity responsible for evacuation;
28 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
29 prohibited;
30 4. Recreational Vehicles must meet all land development regulations, floodplain
31 management regulations and any building code requirements for recreational
32 vehicles;
33 5. A recreational vehicle must have current licenses required for highway travel,
34 be attached to the site only by the quick disconnect-type utilities, and no
35 permanent additions such as sun rooms or state rooms shall be permitted;
36 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit,
37 regardless of use type,within the Venture Out community may be transferred
38 to another site outside of the Venture Out community; and
39 7. In no case shall recreational vehicles (transient units) be developed as a
40 hotel/motel.
41
42 Policy 101.3.2
43 The number of permits issued for residential dwelling units under the Rate of Growth
44 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
45 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
46 ROGO year and 300 affordable workforce housing early evacuation unit building permit
47 allocations authorized by the Florida Administration Commission, Chapter 2023-17,
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I Laws of Florida, and the State Land Planning Agency-Fier-ida Dee t4fne„t E,.,,,,efnie
2 BppefPd*4�,.A ROGO year means the twelve-month period beginning on July 13.Market
3 rate allocations shall not to exceed 126 residential units per year. Unused allocations for
4 market rate shall be available for Administrative Relief.
5
6 In 2012,pursuant to Rule 28-20.140,F.A.C.,the State Land Planning Agency_Depaftn+ef4
7 completed the hurricane evacuation clearance time modeling
8 task and found that with 10 years' worth of building permits, the Florida Keys would be
9 at a 24 hour evacuation clearance time. This creates challenges for State of Florida and
10 Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier
11 II, 260 Tier IH-A (SPA); 3,301 Tier I11, and 235 No tier (ORCA, etc.)] and with 1,970
12 new allocations this may result in a balance of 6,198 privately held vacant parcels at risk
13 of not obtaining permits in the future. In recognition of the possibility that the inventory
14 of vacant parcels exceeds the total number of allocations which the State will allow the
15 County to award, the County adopted a slower rate of annual allocations for market rate
16 development to extend the allocation timeframe to 2026 and is accepting 300 affordable
17 workforce housing early evacuation unit building permit allocations pursuant
18 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative)
19 authorized by the Florida Administration Commission, Chapter 2023-17, Laws of
20 Florida, and the State Land Planning Agency Fier-ida Dep ,t,,,o„t E,.efiemie Oppe
21 These affordable workforce housing early evacuation allocations that are in addition to
22 the maximum building permit allocations identified in Rules 28-20, F.A.C. The County
23 will consider adopting an extended timeframe for distribution of the ROGO allocations
24 through 2033 with committed financial support from its State and Federal partners. This
25 timeframe can provide a safety net to the County and provide additional time to
26 implement land acquisition and other strategies to reduce the demand for ROGO
27 allocations and help transition land into public ownership.
28
29 The County is actively engaged in acquisitions and is requesting its State and Federal
30 partners for assistance with implementing land acquisitions in Monroe County. The
31 County will allocate the 1,970 new dwelling unit allocations through July 12, 2026. If
32 substantial financial support is provided by July 12, 2023,the County will reevaluate the
33 ROGO distribution allocation schedule and consider an extended timeframe for the
34 distribution of market rate allocations (through a comprehensive plan amendment).
35 Further, the State and County shall develop a mutually agreeable position defending
36 inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act
37 cases, with the State having an active role both directly and financially in the defense of
38 such cases.
39
40 The County shall distribute ROGO allocations by ROGO year, as provided in the table
41 below.
42
Annual Allocation
ROGO Year Affordable Affordable Workforce
Market Rate Housing Housing Early
Evacuation Initiative
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July 13, 2013—July 12, 2014 126 71
July 13, 2014—July 12, 2015 126 71
July 13, 2015—July 12, 2016 126
July 13, 2016—July 12, 2017 126
N/A
July 13, 2017—July 12, 2018 126
July 13, 2018—July 12, 2019 126
July 13, 2019—July 12, 2020 126 568 total AFH
July 13, 2020—July 12, 2021 64 (total available
July 13, 2021—July 12, 2022 64 immediately)
July 13, 2022—July 12, 2023 64
July 13, 2023—July 12, 2024 62 300**
July 13, 2024—July 12, 2025 62
July 13, 2025—July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
** Affordable Wworkforce housing early evacuation unit building permit allocations shall be
available countywide (unincorporated county) w4hi* �heW-Ppef a-Rd bewef Keys s4 feas and
distributed on a first-come first-serve basis. At least 107 of the affordable workforce housing early
evacuation building�permit allocations shall be distributed within the Lower Keys Subarea,
including any allocations transferred to incorporated jurisdictions in the Lower Keys of the county
pursuant to Policy 101.3.10. Requests for dwelling units developed and/or deed-restricted utilizing
the affordable workforce housing early evacuation unit building permit allocations are subject to
the provisions of Policy 101.3.12.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the
3 annual allocation rate. Monroe County will request a Rule change from the
4 Administration Commission to authorize the above allocation timeframe and rate.
5
6 Policy 101.3.3
7 Monroe County shall allocate at least 20% of the annual allocation, or as may be
8 established by the State of Florida, pursuant to Administration Commission Rules, to
9 affordable housing units as part of ROGO. Any portion of the allocations not used for
10 affordable housing shall be retained and be made available for affordable housing from
11 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
12 affordable workforce housing early evacuation units shall meet the criteria specified in
13 Policy 601.1.4 and the Land Development Code, but shall not be subject to the
14 competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any
15 parcel proposed for affordable housing or affordable workforce housing early evacuation
16 units shall not be located within an area designated as Tier I as set forth under Goal 105
17 or within a Tier III-A Special Protection Area as set forth in Policy 205.1.1.
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1
2 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
3 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
4 the following criteria:
5 1. The property contains an existing market rate dwelling unit that meets the criteria in
6 LDC Section 138-22(a) and is determined to be exempt from ROGO;
7 2. The proposed replacement affordable dwelling unit meets current Florida Building
8 Code and is not a mobile home;
9 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least
10 99 years as affordable housing pursuant to the standards of the Land Development
11 Code; and
12 4. The proposed site plan for the replacement affordable dwelling unit does not propose
13 any additional clearing of habitat.
14
15 Policy 101.3.4
16 The Permit Allocation System (or Rate of Growth Ordinance) for new residential
17 development shall specify procedures for:
18 1. establishing the annual number of per-mits-allocations for new residential units to be
19 issued during the next ROGO year based upon, but not limited to the following:
20 a. expired allocations and building permits in previous year;
21 b. allocations available, but not allocated in previous year;
22 c. number of allocations borrowed from future quarters;
23 d. vested allocations;
24 e. modifications required or provided by Administration Commission Rules;
25 f. modifications required or provided by this plan or agreement pursuant to Chapter
26 380, Florida Statutes; and
27 g. receipt or transfer of affordable housing allocations by intergovernmental
28 agreement; and
29 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
30 Clearance Time Memorandum of Understanding.
31 2. allocation of affordable housing, affordable workforce housing early evacuation units
32 building permit allocations and market rate housing units in accordance with Policies
33 101.3.2 and 101.3.3; and
34 3. timing of the acceptance of applications, evaluation and scoring of applications, and
35 issuance of permits for new residential development during the calendar year.
36
37 Policy 101.3.5
38 Due to the limited number of allocations and the State's requirement that the County
39 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
40 shall prohibit new transient residential allocations for hotel or motel rooms, campground
41 spaces, or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully
42 established transient units shall be entitled to one unit for each type of unit in existence
43 before January 4, 1996, for use as a ROGO exemption.
44
45 Policy 101.3.6
46 All public and institutional uses (except hospital rooms) that predominately serve the
47 County's non-transient population and which house temporary residents shall be subject
llof18
I to the Permit Allocation System for residential development, except upon factual
2 demonstration that such transient occupancy is of such a nature so as not to adversely
3 impact the hurricane evacuation clearance time of Monroe County.
4
5
6
7 Policy 101.3.9
8 For those ROGO applications and properties which have not received a ROGO award for
9 four consecutive years and have applied for administrative relief, which are designated
10 Tier I, II, or IIIA, the County or the State shall offer to purchase the property if funding
11 for such is available. Refusal of the purchase offer shall not be grounds for granting a
12 ROGO award.
13
14 Policy 101.3.10
15 Notwithstanding any other provision of the Plan, except the last sentence of this Policy
16 101.3.10,building allocations utilized for affordable housing projects may be pooled and
17 transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO
18 subarea, and between local government jurisdictions within the Florida Keys Area of
19 Critical State Concern (ACSC). Any such transfer of affordable housing allocations
20 between local government jurisdictions must be accomplished through an interlocal
21 agreement between the sending and receiving local governments. Interlocal agreements
22 that involve assigning the County's affordable housing(not including affordable housing
23 allocations banked for takings cases) allocations to existing dwelling units within a
24 municipality with a requirement that the associated market rate ROGO/BPAS exemptions
25 be transferred into the unincorporated County as an exchange for the affordable housing
26 allocations transferred to the municipality, shall be accomplished through a minor
27 conditional use permit approval and shall be subject to the receiver site criteria in Policy
28 101.6.8 and may be transferred to any subarea within the unincorporated County.
29
30 In no event shall the County;
31 (1) pool and transfer affordable workforce housing early evacuation unit building
32 permit allocations between ROGO sub-areas,
33 (2) transfer affordable workforce housing early evacuation unit building�permit
34 allocations to another government jurisdiction,
35 (3) receive affordable workforce housing early evacuation unit building�permit
36 allocations from another government jurisdiction„ or
37 (4) transfer affordable housing ROGO allocations received by the County in
38 exchange for affordable workforce housing building permit early evacuation unit
39 allocations to another government jurisdiction.
40
41 Notwithstanding _Policy 101.3.10(2), affordable workforce early evacuation unit building
101.3.10(2), affordable workforce early evacuation unit building
42 permit allocations may be transferred to another government jurisdiction for Counly-
43 initiated affordable housing projects within incorporated cities, as approved through an
44 interlocal agreement between the sending and receiving_ local ocal governments.
45
46
47
12 of 18
I Policy 101.3.11
2 Monroe County may receive additional building permit allocations pursuant to the 2012
3 completed hurricane evacuation clearance time modeling and allocation
4 recommendations by the State Land Planning Agency and the Administration
5 Commission's direction that the City of Key West\transfer annually (by July 15th) any
6 remaining unused allocations for that year to the other Florida Keys' local governments
7 based upon the local governments' ratio of vacant land. Any transferred allocations from
8 the City of Key West to Monroe County shall be made available for Administrative
9 Relief. Monroe County may receive, and award 300 building permit allocations
10 designated as affordable workforce housing early evacuation units pursuant to the
11 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
12 provided by the Florida Administration Commission and the State Land Planning Agency
13 These early evacuation allocations that are
14 in addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
15 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
16
17 Policy 101.3.12
18 Affordable Workforce Housing Early Evacuation Initiative. To support Monroe
19 County's workforce by alleviating constraints on affordable housing, to protect private
20 property rights and address potential liability, the County is participating in the
21 Workforce-Affordable Housing Initiative (Workforce Initiative), as approved during the
22 June 13, 2018 meeting of the Florida Administration Commission. Monroe County
23 accepts the 300 affordable workforce housing early evacuation building permit
24 allocations pursuant to the Workforce-Affordable Housing Initiative authorized by the
25 Florida Administration Commission, Chapter 2023-17, Laws of Florida, and the State
26 Land Planning The Workforce-
27 Affordable Housing Initiative will require dwelling units constructed and/or deed
28 restricted with workforce housing early evacuation building permit allocations to
29 evacuate occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane,
30 pursuant to the criteria below.
31
32 To participate in the Workforce Initiative, Monroe County shall be responsible for the
33 management, distribution, and enforcement of requirements associated with the
34 affordable workforce housing early evacuation building permit allocations. Monroe
35 County shall ensure adherence to these requirements through implementation of this
36 policy and shall annually provide to the State Land Planning Agency Flee-id Dee ,t,,,o„f
37 a report indicating the number of affordable workforce housing
38 early evacuation units built and/or deed restricted, occupancy rates, and compliance with
39 the requirement to evacuate the units in Phase I of an evacuation. The annual report shall
40 be provided to the State in a timely manner such that the State may include the
41 information in the required Annual Report to the Go aR'' Gabi*ef Florida
42 Administration Commission on the County's progress toward completion of its Work
43 Program pursuant to Rule 28-20, F.A.C.
44
45 Dwelling units developed and/or deed restricted utilizing the affordable workforce
46 housing early evacuation unit building permit allocations are subject to the following:
47
13of18
I (a) Requests for affordable workforce housing early evacuation unit building_permit
2 allocations shall be ^'i^h-le A-�iy=9 -c 1 fafTe*eh-a*ge-fie'"r-arotc able
3 require a reservation via BOCC resolution. The BOCC
4 may, at its discretion,place conditions on any reservation as it deems appropriate such
5 as establishing the income categories for allocations _rag nted.
6
7
8 .
9
10 test44ete'a ff-e-abl hetising „its (1.,wAll ff-e-able e*emption )--4 e*iscing
11
12
13 .
15
16
17
18 ^yes
19 .
20
21
23
24 oft theor-iginal appr-evedff-e-,a ble i etising; e,.,gene,., or- lose,-;,,,eme
25 eategefy.
26
27
29 .
30
31 ,
32
33 .
34
35
36
37
38 eemplianee, 4 t4 ro 0 orts Wer-kfqr-ee initi ive, it4i this P liey
39 (sb) All affordable workforce housing early evacuation units require a deed-
40 restriction ensuring:
41 (1) Before any building permit may be issued for any structure,portion or phase of
42 a project subject to the Workforce Initiative, a restrictive covenant shall be
43 approved by the Planning Director and County Attorney and recorded in the
44 Office of the Clerk of the County to ensure compliance with the provision of
45 this section running in favor of the County and enforceable by the County and,
46 if applicable, a participating municipality. The following requirements shall
47 apply to these restrictive covenants:
14 of 18
I a. The covenants for any workforce housing early evacuation units shall be
2 effective for 99 years.
3 b. The covenants shall not commence running until a certificate of occupancy
4 has been issued by the Building Official for the dwelling unit or dwelling
5 units to which the covenant or covenants apply.
6 c. For existing dwelling units that are deed-restricted as workforce housing
7 early evacuation units, the covenants shall commence running upon
8 recordation in the Official Records of Monroe County.
9 (2) The covenants shall require that the workforce housing early evacuation units
10 to be restricted to rental occupancy for those who derive at least 70% of their
11 income as members of the workforce in Monroe County and who meet the
12 affordable housing income categories of the Monroe County Land
13 Development Code. The occupants are required to annually verify their
14 employment and income eligibility.
15 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr
16 evacuation of a pending major hurricane. Persons living in the workforce
17 housing early evacuation units who may be exempted from evacuation
18 requirements are limited to law enforcement, correctional and fire personnel,
19 health care personnel, and public employees with emergency management
20 responsibilities. If there is an occupant that indicates their employment is
21 considered a`first-responder position' and not included in the list of exemptions
22 above, then the Planning Director shall determine, in writing, whether the
23 person may be exempted because of a requirement to remain during an
24 emergency. Any person claiming exemption under this provision shall submit
25 4 an affidavit of qualification and faithfully certify their status with the onsite
26 property management.
27 (4) The covenants shall require rental agreements which contain a separate
28 disclosure requiring rental occupants to acknowledge the existing restrictive
29 covenant on the unit requiring evacuation in Phase 1 of the 48-hr evacuation
30 and that failure to adhere to the Phase 1 evacuation requirement could result in
31 severe penalties, including eviction, to the occupant.
32 (5) The covenants shall require onsite property managers and a separate
33 employment disclosure requiring the maintenance of training in evacuation
34 procedures and an acknowledgement that failure to adhere to the Phase 1
35 evacuation requirement could result in severe penalties, including termination.
36 (dc)Affordable-Wworkforce housing early evacuation units shall be restricted to rental
37 occupancy for those who derive at least 70% of their income as members of the
38 workforce in Monroe County and who meet the affordable housing income categories
39 of the Monroe County Land Development Code. Workforce means individuals or
40 families who are gainfully employed supplying goods and/or services to Monroe
41 County residents or visitors.
42 (ed)Affordable Wworkforce housing early evacuation units shall require onsite
43 property management with property managers trained in evacuation procedures and
44 required to manage the evacuation of tenants in Phase I of an evacuation. During
45 traditional working hours, the property manager must be at an office within the
46 affordable workforce housing early evacuation unit development subject property.
15of18
I Outside the traditional working hours, the property manager must be available at all
2 times to respond to evacuation orders.
3 (€e) The property management entity for the affordable workforce housing early
4 evacuation units shall be required to annually verify the employment and income
5 eligibility of tenants; report the total units on the site,the occupancy rates of units, and
6 tenant compliance with the requirement to evacuate the units in Phase I of an
7 evacuation, including the number of occupants that are exempt from the evacuation
8 requirements. The property management entity must submit a report to the Planning
9 and Environmental Resources Department by May 1 of each year. Further, each lease
10 and this annual report shall be kept by the property manager and be available for
11 inspection by the County during traditional working hours.
12 (gf) Affordable-Wworkforce housing early evacuation units shall be located within an
13 area designated as Tier III.
14 (-hg) Affordable Wworkforce housing early evacuation units shall not be located in the
15 V-Zone or within a Coastal Barrier Resource System (CBRS).
16 (ih) Affordable Wworkforce housing early evacuation units shall be located on a
17 property which has all infrastructure available (potable water, adequate wastewater
18 treatment and disposal wastewater meeting adopted LOS,paved roads, etc.).
19 (fii) All affordable workforce housing early evacuation units must demonstrate
20 compliance with all applicable federal standards for accessibility for persons with
21 disabilities (ADA Compliance).
22 (kj) To the greatest extent practicable, a development utilizing affordable workforce
23 housing early evacuation unit building permit allocations shall incorporate sustainable
24 and resilient design principles into the overall site design and be-ueet�i'to
25 .
26 (k) To the greatest extent practicable, a development utilizing affordable workforce
27 housing early evacuation unit building�permit allocations shall be located in close
28 proximityto employment centers in Key West, Stock Island and Marathon.
29 (1) For developments owned or operated by a government a housing
or public housingor public housing
30 authority, property management is not required to be located onsite as indicated in
31 Policy 101.3.12. However, the government a _gency or public housing authorityor public housing authority will
32 oversee and enforce required evacuation of the residents and must be available at all
33 times to respond to evacuation orders.
34
35 ***
36
37 Policy 601.1.8
38 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
39 established by the State of Florida, pursuant to Administration Commission Rules, to
40 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
41 this separate allocation must meet the criteria established in the Land Development Code.
42 Monroe County may award 300 additional building permit allocations designated as
43 affordable workforce housing early evacuation units pursuant to the Workforce-
44 Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the
45 Florida Administration Commission, Chapter 2023-17, Laws of Florida, and the State
46 Land Planning Agency Fier-ida Depaftment Eee . These building
47 ep rmit allocations are in addition to the maximum allocations identified in Rules 28-20,
16 of 18
I F.A.C., are restricted to rental occupancy for those who derive at least 70% of their
2 income as members of the workforce in Monroe County and who meet the affordable
3 housing income categories of the Monroe County Land Development Code, and shall be
4 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
5
6 Section 4. Subject to Section 2. above and Sections 5., 6., and 7. below, to the extent of any
7 internal or external conflicts, inconsistencies, and/or ambiguities, within this
8 Ordinance or between this Ordinance and the Monroe County Code of Ordinances,
9 Florida Building Code, Monroe County Land Development Code, Monroe County
10 Comprehensive Plan, or any approval, or any decision, or any determination of the
11 Monroe County Board of County Commissioners, Monroe County Planning
12 Commission, Monroe County Development Review Committee, Monroe County
13 Planning& Environmental Resources Department, or other department or office of
14 Monroe County, the more restrictive rule, regulation, law,provision, and text shall
15 always apply.
16
17 Section 5. The interpretation of this Ordinance and all provisions of the Monroe County
18 Comprehensive Plan, Florida Building Code, Monroe County Codes, Florida
19 Statutes, and floodplain management regulations whose interpretation arise out of,
20 relate to, or are interpreted in connection with this Ordinance, shall be liberally
21 construed and enforced in favor of Monroe County, and such interpretation shall be
22 entitled to great weight in adversarial administrative proceedings, at trial, in
23 bankruptcy, and on appeal.
24
25 Section 6. No Creation of Any Tenant, Private, or Third-Party Claim(s), Ri2ht(s),
26 Entitlement(s),Privile2e(s), Benefit(s), or Liability(ies). No tenant person(s), no
27 private person(s), nor any third-party person(s) shall be entitled to utilize any
28 provision of this Ordinance, or any part(s) or portion(s)thereof, to claim, enforce,
29 or to attempt to enforce any tenant, private, or third-party claim(s), right(s),
30 entitlement(s), privilege(s), benefit(s), or liability(ies) in connection with, relating
31 to, or arising out of this Ordinance, or any part(s) or portion(s)thereof.
32
33 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to
34 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
35 governmental, and any other similar defense, immunity, exemption, or protection
36 against any suit, cause-of-action, demand, or liability.
37
38 Section 8. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
39 any portion of this Ordinance, or any part or portion thereof, is held to be invalid
40 or unenforceable by any administrative hearing officer or court of competent
41 jurisdiction, the invalidity or unenforceability of such provision, or any part or
42 portion thereof, shall neither limit nor impair the operation, enforceability, or
43 validity of any other provision of this Ordinance, or any remaining part(s) or
44 portion(s)thereof. All other provisions of this Ordinance, and remaining part(s) or
45 portion(s)thereof, shall continue unimpaired in full force and effect.
46
47 Section 9. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
48 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
17 of 18
:1 • • shall not.repeal -the repealing clause of istich'ordinance.•or revive 'any ordinance .. i. •- • . • - .
.:2 . which:has been repealed thereby.. : . . . H. .
.•:4:• Section10. Transmittal: .:T h is Or inance: 's a e transmittedto:the •State. Land Panning. •
5 . • • : Agency.pursuant:to Chapters 16:3 and.380, Florida a Statutes. . . . . . .
: 6 •: • - . •: •: •c: : •: : : •:
• Section.11. Filing and Effective•Date.:This Ordinance: shall be filed: in. the.Office:of.the : : • .
: • 8 : • Secretary of:.State•of Florida,but.shall not:become effective until a notice.is issued• • - :
-by•t e Florida.State Lan.. Planning Agency or Administration.Commission finding
: : 10 : the amendment:in compliance:with Chapters::163 and.3.80, Florida Statutes; and if . : z :: • .
1:1 challenged until such•c:hallenge is.resolve • . 1 . • :
'12: . : :
• :••13 .: Section:12.. Inclusion in:the Comprehensive Plan, The text amendment shall,be incorporated .:
:in the Monroe :Co•poty. Comprehcrisive Plan.. The numbering: of,the.•oregoing • 1.
• • • .15: : . • •. '•. : amendment maybe renumbered to conform•to:the numbering:in.the.Monroe County •: • '
16 : . ' : Comprehensive ensive Plan...
: • : 1'7. ' : • ••: .: : : •: . . •:
18 PASSED.AND ADOPTED by the Board of.County Commissioners of Monroe County;
: : 19 Florida, at:a regular-meeting held.on the..20th day of August, 2025.
: H. . ' . ' ..21 • H : •: Mayor James K. Scholl, .District.3 • . Yes • .
22 . • : • : • .• :• Mayor Pro Tern Michelle•L:inco n, District 2 Yes • • :
23: :
• Commissioner Craig Cates, District 1 • Yes
•: : •• 24' : : . •• Commissioner David:Rice,District 4' ..Yes - '•• :
. : 25 : • i si e ill R h i , District 5 • Yes : ' :. .
Comm s oner Holly M rr: asc e n
27 • : • • BOARD.OF COUNTY.COMMISSIONERS: • •. :
: 1- ::: •.• 28 : . :.• • • . :OF MO ' SE COUNTY, FL R ID . • : ...: 1. • :.: •.•
:. .. :••2p'.. . •:: .• • • • : .... ' :• :. .. • : .....• .' . :•••• . • : . ...• .1 :•. .. . • : .
•
• :•. • ' . : ••f : .0 I ...• :...H o'.. .•:• :. .. .* :
• • • . 3o • : • By. . ' . . :
. • 31: :•, ;;:�N,. • • . . , .Mayor James K. Scholl. . .
2 y;--c.�•I.JE 1L� ..-.:�n r y`.e .. •
• .. . .. • .
;.__\-- =a}/ ,. •'.-� • EQ.0.: -ATTORNEY '
: : '''';'-`33' • ''''..c--:.,,,•' '''''''' ,f, •\‘'.:e."'A : • • - • • :• • - 1 . APP-J5i • ' ' TO.FORM
•
•
: : .• t 374r ;A TEST`. :,i, °�t IN•MADOK, CLERK • • r .. : •
35 ,.� t �h
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.• .• . :37.'� . A°SiD. PUTY.CLERK• • . . • A I T #T �U Y 1" N .`. :• : •. :
�.A��y rDate: ::8120/20.2.5. _ -•••: H • : :. : 1.•1 :. : .: :.:. . '
• " . • • . ". " " . " •: " - •• - " • : " • " :rt" .,,.., (A" : 2.1.• • •• •-
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• • • .• • 1 i . 1 • .. • • : • 1 • • • 1 • ••• •—ti 1 •:" .' *, p : • .'-.•‘. . • : . •
. : .• :- : : 1 I . : . : . : • : : . • : . • : • • • • •• : . : . . .r..- ' .-: i•e2,ii• .: -...?P.• ..- . :• • :
18 of 18 `' J `W :
KeysNews.eom
KE , / ,
IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3966183
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal text]
Before the undersigned authority personally appeared
Jill Kelli Di Benedetto ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday,August 2,2025
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
(Signature ofAffiant)
Affirmed and subscribed before me this 4th day of August 2025
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name) (Notary Seal)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
� u.�ra �ru�b4n
f12 j
keysnews.com Keys Citizen.Weekend Edition j'� AUGUST2-3,2025 PAGE A9
I1
� ,/,��°x, t,v�� i CT,GA,,,� Jhh/II 1t,v v�� 11 r 11 I,1il.,
CLEAR
WATERS �l� ,�,,,//�,,,�,���„/�,r,,
, Nniif:rw✓iv;, U rX," -lTp rr mY
Grp
Almost 250 vessels ,
/%a/
removed in past year
SPECIAL TOTHECITI2EN „'
//"///
M County M. R. reached historic d t derelict
/.
the 1 f d 1 i b /ii0/%i r%/r
from Florida Revs waterswith the al of 248
derelict 1 during the past 12 months
1 partnership th th Fl da h Wildlifed
(�ouservbtiorr Commission,the program,tuncled
through a$3 n American Rescue Plan At
grant,h broken previous removal records.Ret
g derelict vessels is intended to improver i�///%; ,' %„il„ /%/i�%�i��/�� %✓,,.///„ ,,,/%F/,�r/�iis,2„�,�/%�/��i'�el/�%/f% IJ
Boater safety and protect the marine environment.
Currently,there are fewer than 80 vessels under Dena Marie,a 66-foot commercial trawler grounded offof lslamorada,is to be removed soon as part ofthe sou nty'sderellct
vestigation or pending removal,which is dmvn
from the historical range of300to400 cases at any vessel program.
t theFlorida d Keys.
y
v The
g tb g Aug.6 2024 with the first
1 k late.1 J st
derelict 1s t dmarkingthhiigh ghestsine month total. ( n?I IIIIII II IIIIIIIIII
B hremarkableaccomplishment hanks 'J, r ���� �/ fr11—
/IVoy 1v wltio
[ the dedication and expertise of pre qualified a,,,a ,,_ ,p mil rf 1 Ths
contractors mo k g t relessly rossthel lorida '�+ ➢ENA mAR1E 'y� 'a d' vessel was
.vs dth Inflation f efforts „ removed
one comprehensive contract:'Marine Resources u G d,t from Lake
,vid-Admims"ratur Brittany Burnersaid.'OeVeve
Sur
streamlined th removal process, tt gth g /fir' S w q tn4R"`to- June.Surprise in
r�movalt f b tth th tb t
H 1 al tract 116 tf t
through the f 2029
Iprojects
t l c J t I dth �1 f 96f t
submarine in Marathon,the 66 toot commercial Im
trawler Dena Marie oill l cl and aSR toot am v tyiy X
cabinff Bahia Honda State Park,which can Removing derelict vessels is intended to improve boater safety A
be seen while driving along U.S.1. and protect the marine environment Jti'D
MONROE COUNTY BOARD OF COUNTY
Marathon man faces COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
burglary, mischief charges NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE MONROE
CITIZEN STAFF synthetic 11fC,and possession of drug COUNTY COMPREHENSIVE PLAN
A Marathon man was arrested paraphernalia in addition to aggravated
weanesaa,ml 3o,rrbnr larizin assault end improperexhibition ofa NOTICE OF CHANGE TO THE MONROE
g gags "rearm. COUNTY LAND DEVELOPMENT CODE
tb ddamaging 1 carts. Th ad ltm 1 t ported
J W Baker,74,was charged with the p t,idc ttlled as Napoltano,
b urglary ando al mischief displayed a gun during a road rage AUGUST 20,2025
1h Sh itt'sOtl pond dtoGolF
C L of KeyVest the 5100 b1 -kid incident Mile Marker heS NOTICE IS HEREBY GIVEN that on Wednesday,August 2 g at S: the Monroe DOmy Board of
approximately 10 suspect
1h h S97 a'h tt s County Co yb,id R.....kl—11 old a pabfc hear ng beg nn ng aEd—AM The BOCC—,Th.
I,
the Overseas Highway Stockl Ind Off stopped l tvehicle iter be held n hybrd format allow ng me publbroattend ether va zoomwednar or n person.yen
t approximately 11'tm after&krwas observing itne the lavermer Creek person meetngwubeheldatthe Harvey Government Centeg located at 1200 Truman Avenue,
standing U.S 1' dbl k gt'ff B id
L h' dLsaid.
Key West,FL.The followings— ill be c—idered at the PUBLIC HEARING:
A employeeof[h b stated he N'l It 'd ttd[ d playinga PU B U C H EAR IN G5900 AM(or as soon thereafter as may be heard):
observed Bale tier a golf cart belonging f arm Hewn taken tojatl
the business and intentionally ram several AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMM ISSION ERSADO PTING
other Ifcarts,cousin '[el OnSaturday;July26,aHialeah,Florida AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE
go gapproximz y n was arrested after hitting an ad ult FUTURE LAND USE ELEMENT AND THE HOUSING ELEMENT TO MODIFY TH E REQUIREMENTS
$500 in damage. male victim several times in the head with RELATEDTO TH E300 KEYS
AF FORDABLEWORKFORCE HOUSING INITIATIVE EARLY EVACUATION
Balser was taken to jail and was being a closed first on Fiesta Rev. UNIT BUILDING PERMIT ALLOCATI ONS CREATED BY TH E GOVERNOR OF FLORIDA,ATTORNEY
held without bond. GENERAL OF FLORIDA,CHIEF FINANCIAL OFFICER OF FLORIDA,AND FLORIDA AGRICULTURE
Three Boig nne Key Wimt-llixie Where were no life-threatening injuries CO McISSIO PER ACTI NG I N TH El
R CAPAC ITV AS TH E FLO R IDA ADMI NISTRATION DOM MISSION
employees arrested Dixie 1 reported. BY REMOVINGTHE1 FOR-I TAKI NGSAND BERT HARRISACT LIABILITY REDUCTION EXCHANGE
vcr c Y=Juy PedroRat ae1Rosa P 22,was REQUIREMENT BY AMENDI NG,AS W E ILL AS C LAR I FV I N G,POLICIES 101.2.2,101.2.4,101.31,101.3.2,
RO tor stealingf th e b hismess. charged fhb« L tr dtsaid 10133,101.3.D 101310,101311,m1.31 z,so11.e,;PRovlowG FOR sEVERABwTY;PRovlowG FOR
C dolynL Carter,68,of Big REPEAL OF CONFLICTING PR OVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND
the Sheriff's Ofticewascallecito the PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR AMENDMENTTO AND
Pine Key,Ariamta Garica Placeres,27, 70000 block of the Overseas Highway INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN,PROVIDING FOR AN
of Miami,and Anyeline De La Cariclad EFFECTIVE DATE.(FILE N0.2024-213)
Pacheco Espinoza,20,of Spring Hill, atattery.An ately
p.m.regarding
abalrtedly b ongoing b oaterlirin AN ORDINANCE To THE ONROECOUNTV BOAR DEVEOPMENT CODE A ONEING DO SECTION
Florida were charged with petit[helt, reportedly began onaboatearlier in the AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT CODE AMENDING SECTION
Linhardt said. clay resulted in Rosa Perez committing the 138-24,RESIDENTIAL ROGO ALLOCATIONS,TO MODIFY THE REQUIREMENTS RELATED TO
The three suspects were arrested after battery accordingto multiple witnesses. THE 300 KEYS AFFORDABLE WORKFORCE HOUSING INITIATIVE EAR LV EVACUATION UNIT
rants were obtained clatterrest - l- BUILDING PERMIT ALLOCATIONS CREATED BY THE GOVERNOR OF FLORIDA,ATTORNEY
followin Sh obtai ed for investigation Also on Sunday,a Citrus County, GENERAL OF FLO R I DA,CHIEF FINANCIAL OFFICER OF FLORIDA,AND FLORIDA AGRICULTURE
ga' g Florida man was arrested for trying to COMM SS NER ACTING INTHEIR CAPACITVASTHE FLORIDA ADMINISTRATION COMMISSION
thatbeganin June,when thebusiness break into an lslamorada residence. By
REMOVING THE1FOR-I TAKINGSAND BERT HARRIS ACT LIABILITY REDUCTION EXCHANGE
reported the employees were scanting Del Cordova 52,was charged REQUIREMENT;PROVIDING FOR SEVERABILITY,,PROVIDING FOR REPEAL OF CONFLICTING
store items,voiding the transactions Lopez,1 g PROVISIONS,PR OVIDING FO R TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
g with attempted b urglary,[heft and THE SECRETARY OF STATE,PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
electronicallyand then keeping the items, MONROE COUNTY LAND DEVELOPMENT CODE,PROVIDING FOR AN EFFECTIVE DATE(FILE
criminal mischief Linhard[said.
Linhardt said e Sheritfs Office was called to the NO2024-215)
All three were arrested Wednesday: 74000 block of the Overseas Highway AN OR D INANCE BV THEMONROECOUNTV BOARD OFCOUNTV COMMISSIONERSADOPTING
Benjamin Franklin Cook,48,of stapproximately l a.m.regarding a AMENDMENTSTO TH E MONROE COUNTY 2030 COMPREHENSIVE PLAN BVAMENDING POLICY
Marathon,was arrested Monday July ireIp,wangcall when they observed 10119.2 AND FIGURE 2.5 AND TABLE 210 F TH E LIVABLE CO MM U NI KEYS MASTER P LAN FOR
28,for dragging,throwing,kicking and Lopez on the proper[ holding rocks. BIG PINE KEY AND NO NAME KEY TO INCLUDE PROPERTY LOCATED AT 258 CUNNINGHAM
Chihuahua do 4 property Y grog LANE,BIGPINEKEY,DESCRIBEDAS LOTS 5,67,8,13,14,15,AND 160F BLOCKI OF PINE HAMMOCK,
injuring g. Security video showed Lopez attempting ACCORDI NGTO TH E PLAT TH ER EO F,AS R ECO R DED IN PLAT BOO K 3,PAGE 1630 F TH E PU BLIC
fire Monroe County Sheriff's Office to steal a package and trying to break RECORDS OF MONROE COUNTY,FLORIDA AND TRACK D OF PINE KEY ACRES,SECTION
responded to reports of animal abuse on ONE,AS RECORDED IN O.R.BOOK 509,PAGE 1046 THROUGH 1049 OF THE PUBLIC RECORDS
107th Street and First Avenue in Marathon mto the residence using rocks,causing OF MO PROF COUNTY,FLORIDA,CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS
'07th Street and First
Avenue
rdin approximately$600 in damage to the front 0 011107 0-004000 AND 00250660-0000ho,PROVIDING FOR SEVERABILITY,PROVIDING FOR
ll Y g door. REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND
[o Sheriff's Office spokesman Adam PLANNING AGENCY AND THE SECRETARY ETARV OF STATE;PROVIDING FOR INCLUSION IN THE
Linhardt Multiple witnesses reported Lopez was taken[ojail. MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE(FILE2024-
observingCookphysicallyabusethedog. rnsmw Sundays Hfter di playin a 21e)
woman was arr ested after displaying a
The dog suffered injuries[o his face and handgun at a Stock Island hotel pool. AN ORDINANCE BVTH EMONROE COUNTY BOARD OFCOUNTV COMMISSION ERSAM ENDING
throat kwas charged
veterinarian care 'There werenoinjuries reported. TO AMENDTHE REQUIREMENT FOR A DOM MUNITV'MEET'ING,AS REQUE'SITED BVTHE BOCCAT
PREHENSIVE PLAN
Cookwasly intodcathn,Linhcrhsai Christy Hadden Gonsalves,49,was THEIR FEBRUARY 19,2025,REGULAR DOM MISSION MEETING,PROVIDING FOR SEVERABILITQ
and disorderly intoxication,Linhardt said. charged with improper display ofatirearm PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL
He wash:I tojail. and disorderlyduct,Linhardt said. TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR
A Taverniermanarrested Sunday;July, con AMENDMENT TO AND INCORPORATION I N THE MONROE COUNTY COMPREHENSIVE PLAN,
27,afavernier manying arrested Sunday,IuIv 'he Sheriffs Office responded to PROM DING FOR AN EFFECTIVE DATE(FI LE No.2025-037)
the Oceans Edge Resort&Marina at
Glockhand u while driving on U.S. is g n ing approximately 7:11 p.m.regarding an Please visit the Monroe County Website at www.monroecounry-fl.gov for meefing agenda
also icing drug charges intoxicatedf nalewhobrandishedt updates and information regarding the various options available rothe public to view the live
Where were injuncs reported, ira meeting and
to make public comments on certain agend.items.
afire, while at thepool.Multiple
Linharchs d witnessesl td the suspect,identified Pursuant to S—d,286 0105Fl -daStatutes,ita person decodes to app,,I,,y decision ofth,BoardA
S[f N'l It 40 charged C salves,produced a 380 caliber County Commis -th p ete any matterconsideredat the m eating or h eanng,he orshe will
with possession of 8.1 gramsot pistol and waved it around. eed are cord otth Org,ai—dA,dthat fe—d purpose,,eorshemayneedto ensu" h,,h tin
methamphetatnine,possession of p n s record of the proceeaings is made,which record includes the testimony&evidence upon which the
Go salve, as taken[o jail. appeafis to be based
� .] 1., ADA ASSISTANCE:I you are a person with a disability who needs special accommodations m
Proud 1 oud to be your — .v� order to parM1ctpafe in this proceeding,please contact the County Admmisfafor's OHice,by
trusted news SOL7TCe. iI .•..• phoning(305)2924441,between the hours of&30a.m. 5.00p.m.,no later thanfive(5)calendar
l. f;0(f �''(�f';1V days prvor fo the scheduled meeting;i/you are hearvng or voice imparzed,wll'711:'
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
August 22, 2025
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordinance 018-2025 by the Monroe County Board of County
Commissioners adopting Amendments to the Monroe County Comprehensive Plan's Future
Land Use Element and Housing Element to modify the requirements related to the County's
remaining 214 Early Evacuation Unit Building Permit Allocations that were additionally created
in 2018 by the Governor of Florida, the Florida Attorney General, the Florida Chief Financial
Officer, and the Florida Agriculture Commissioner acting as the State Administration
Commission, by removing the existing 1-for-1 Takings and Bert Harris Act liability reduction
exchange requirement, as well as clarifying Comprehensive Plan Policies 101.2.2, 101.2.4,
101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 101.3.12, and 601.1.8;providing for
severability; providing for repeal of conflicting provisions; providing for transmittal to the State
Land Planning Agency and Secretary of State; providing for amendment to and incorporation in
the Monroe County Comprehensive Plan; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on August 20, 2025. Should you have any questions
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Liz Yongue, Deputy Clerk
cc: Planning and Environmental Resources
County Administrator
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FLORIDA DEPARTMENT Of$ ATE
u 7i
RON DESANTIS CORD BYRD
Governor Secretary of State
August 22, 2025
Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Kevin Madok,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 0018-2025, which was filed in this office on August 22,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270