HomeMy WebLinkAboutResolution 280-2025 RESOLUTION NO. 280 - 2025
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 3 OF
RESOLUTION 050-2025 TO ALLOW THE DISBURSEMENT OF
$10,000,000.00 FOR CONSTRUCTION FUNDING FROM THE
MONROE COUNTY AFFORDABLE TOURISM HOUSING
PROGRAM UPON KEY WEST HOUSING AUTHORITY
PROVIDING A WRITTEN LOAN COMMITMENT FROM A
LENDER FOR THE FULL LOAN AMOUNT OF $6,745,445.00 AND
UPON RECEIPT OF BUILDING PERMITS FROM THE CITY OF
KEY WEST FOR 20 UNITS WHICH WILL BE DESIGNATED FOR
EMPLOYEES OF PRIVATE SECTOR TOURISM-RELATED
BUSINESSES IN ACCORDANCE WITH MONROE COUNTY
RESOLUTION 544-2024 ON PROPERTY LEGALLY DESCRIBED
AS A TRACT OF LAND LYING ON THE ISLAND OF KEY WEST,
MONROE COUNTY, FLORIDA AND BEING KNOWN AS A
PORTION OF LOT 5, LOTS 6 THROUGH 12, BLOCK 17, AND
LOTS 1 THROUGH 8, A PORTION OF LOTS 9 THROUGH 12,
BLOCK 18 AND LAND LYING NORTH OF SAID BLOCKS AND
BEING MORE PARTICULARLY DESCRIBED AS SHOWN IN
EXHIBIT A WITH PARCEL ID# 00054250-000000 SUBJECT TO A
LAND USE RESTRICTION AGREEMENT (LURA); 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
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WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the
total annual adjusted gross household income must be less than 120 percent of the median annual
adjusted gross income for households within the state; and
WHEREAS,Ch.24-219, § 4,Laws of Fla.,further provides that expenditure of such funds
is subject to approval by a majority vote of the BOCC; and
WHEREAS,in anticipation of Ch. 24-219,Laws of Fla.,becoming law, on May 15, 2024,
the Board of County Commissioners (BOCC)passed Monroe County Ordinance 018-2024,which
authorized the "accumulated surplus" funds to be transferred to an account to be held directly by
the County or Land Authority and authorized for use in accordance with state law; and
WHEREAS,within said Ordinance,the BOCC stated that"[t]he BOCC will adopt a policy
or resolution setting forth the process for distribution and expenditure of accumulated funds for
affordable housing in accordance with the conditions as set forth in SB 1456"; and
WHEREAS, the BOCC adopted Resolution 544-2024 establishing the Monroe County
Affordable Tourism Housing Program (hereinafter "the Program") setting forth the program
parameters, restrictions, and conditions for evaluation of potential affordable housing projects
which qualify for this funding and the subsequent distribution and expenditure of the accumulated
funds for selected affordable housing projects in accordance with the requirements as set forth in
Ch. 24-219, § 4, Laws of Fla.; and
WHEREAS, the Housing Authority of the City of Key West (hereinafter KWHA) is
proposing to develop 54 new affordable housing units, known as the Poinciana Housing Project,
on land described in Exhibit A, in Key West at Poinciana Plaza(subject property); and
WHEREAS,the KWHA has plans to develop 54 affordable new housing units for income
eligible households whose income does not exceed 160 percent of the Area Median Income in
accordance with F.S. 380.0666(3)(a); and
WHEREAS, the KWHA desires to limit 20 of the 54 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 120 percent of the median annual adjusted gross income for
households within the state; and
WHEREAS, the KWHA has applied to the Program for $10 million in construction
funding to facilitate the development; and
WHEREAS, KWHA has requested $10,000,000 be disbursed upon issuance of building
permits for the 20 units; and
WHEREAS, F.S. 380.0666(3)(a) empowers County to utilize tourist impact tax revenue
in the KW fund toward the construction of affordable housing in Key West; and
WHEREAS, on January 15, 2025, the BOCC approved Resolution 050-2025; and
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WHEREAS,Resolution 050-2025 contained an ambiguity as to the requirements of a loan
commitment for the project cost and the BOCC desires to clarify such ambiguity with this
resolution that amends only Section 3 of Resolution 050-2025; and
WHEREAS, the Board of County Commissioners considered this resolution at a meeting
held on August 20, 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. Resolution 050-2025 shall remain unchanged and in effect except as denoted in italics
and bold face as set forth in Section 3 of this resolution.
Section 3. The County will disburse $10,000,000 upon receipt from the Housing Authority of the
City of Key West (hereinafter "KWHA") and approval by the County's Planning and
Environmental Services Director, or her designee, the following:
1. a written loan commitment from a lender for the full loan amount of$6,745,445.00; and
2. a proforma showing the entire project cost, certified by a licensed design engineer or
architect; and
3. written confirmation from the City of Key West indicating permits are ready for issuance
for the 20 new units.
4. Proof of recorded LURA pursuant to section 4 below.
Section 4. The Mayor and County Administrator are hereby authorized to execute documents in
support of KWHA's funding in furtherance of Resolution 050-2025 as amended by this Resolution.
Section 7. 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 201h_day of August, 2025 in Key West, Florida.
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Mayor James K. Scholl, District 3 Yes
Mayor Pro Tern Michelle Lincoln, District 2 Yes
Commissioner Craig Cates, District 1 Yes
Commissioner David Rice, District 4 Yes
Commissioner Holly Merrill Raschein, District 5 Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY ''
0 OR JAMES K. SCHOLL
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Robert B. Shillinger, Jr.
Monroe County Attorney
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