HomeMy WebLinkAboutItem Q3 Q3
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
September 10, 2025
Agenda Item Number: Q3
2023-4482
BULK ITEM: No DEPARTMENT: Building and Permitting
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
A Public Hearing to Consider Adoption of An Ordinance Amending Monroe County Code of
Ordinances Chapter 6 Buildings and Construction, Article II Building Code, Division 4. Florida
Building Code Amendments, To Eliminate The Restriction Of Enclosed Areas Below The Required
Base Flood Elevation To Not More Than 299 Square Feet In Area and To Re-Adopt The Remaining
Administrative and Technical Amendments To The Florida Building Code; Providing For Severability;
Providing For Repeal Of Conflicting Provisions; Providing For Transmittal To The Florida Building
Commission and The Department Of State; Providing For Codification; Providing For An Effective
Date.
ITEM BACKGROUND:
The Board of County Commissioners (BOCC) adopted Resolution No. 080-2002 on February 13, 2002,
committing to implement an"Inspection Procedure"to identify and reduce potential damage to
noncompliant buildings and financial exposure to the National Flood Insurance Program(NFIP), and to
ensure Monroe County remained eligible for the Federal Emergency Management Floodplain
Management Program. The BOCC adopted Resolution No. 115-2002 on March 20, 2002, adopting the
first iteration of the "Implementation Plan for Monroe County Flood Insurance Inspection and
Compliance Program" (Implementation Plan), commonly referred to as the "remedial plan" (Exhibit 1
to Resolution No. 115-2002). The Implementation Plan was amended by Resolution No. 187-2002 on
April 17, 2002, by Resolution No. 152-2003 on April 16, 2003, and by Resolution 440-2011 on
December 14, 2011.
The BOCC adopted the most recent amendment of the Implementation Plan via Resolution No. 193-
2014 on August 20, 2014, which included five(5) "actions to ensure no new additional illegal
structures:" Inspection on Transfer of Ownership Program; Limited Square Footage below Base Flood
Elevation (Maximum of 299 square feet); Chapter 122 Land Development Code Floodplain
Regulations, as may be amended from time to time to maintain consistency with FEMA Federal
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Regulations and State of Florida Building Regulations; Certificate of Compliance Program; Inadvertent
observation of illegal structures below base flood elevation.
Monroe County successfully closed a series of Community Assistance Visits (CAVs) in November
2015 and was invited to join the NFIP Community Rating System(CRS). Since entering the CRS
program at a Class 6 in 2016, Monroe County has worked to improve its rating, achieving a Class 3
rating in 2022, which the County has maintained since. Monroe County received favorable outcomes
from CAVs in 2016 and 2022.
The BOCC,pursuant to its legislative authority under Article VIII, Section 1 of the Florida Constitution
and Chapter 125, Florida Statutes, enacted Ordinance 026-2022 on November 15, 2022, updating
Monroe County's floodplain management chapter to be consistent with the State Floodplain
Management Office's Model Floodplain Management Ordinance. As enacted via Ordinance 026-2022,
Monroe County now requires nonconversion agreements for enclosed areas below elevated buildings
(See Monroe County Land Development Code (MCLDC) Sections 122-11(d)(8), (i), and 122-25(b)
(4)). The required nonconversion agreements have proven to be more effective than the actions
required under the 2014 Implementation Plan.
On March 26, 2025, at the direction of the BOCC, County staff met with representatives for FEMA in
Atlanta, GA, and discussed and agreed that the nonconversion agreement requirement meets the intent
of the previous requirements of the 2014 Implementation Plan. On March 28, 2025, FEMA issued a
letter to the County stating its approval for the elimination of the 2014 Implementation Plan. FEMA
acknowledged Monroe County's dedication to not only meeting minimum NFIP standards but those
higher standards by which the County achieved a Class 3 CRS rating.
Since Monroe County will no longer be under the Implementation Plan, FEMA and the Florida
Division of Emergency Management(FDEM)will add a compliance component to review a random
sample of structures within Monroe County during the CAVs that are conducted for the Endangered
Species Act, which take place at six-month intervals.
On April 16, 2025, (Item J9) the BOCC adopted Resolution No. 166-2025 rescinding Exhibit 1 of
Resolution No. 193-2014, and directing County staff to prepare amendments to the Monroe County
Code of Ordinances and Land Development Code to eliminate the size restriction of 299 square feet for
enclosed areas below elevated buildings to be used for limited storage,parking or building access only,
the required inspections of enclosed areas below elevated residential structures prior to the transfer of
ownership, the Floodplain Certificate of Compliance Program, and any other code provisions related to
the "remedial plan."
The BOCC previously adopted Ordinance No. 027-2022, to adopt administrative and technical
amendments to the Florida Building Code in order to establish the minimum foundation requirements,
require declarations of land restriction (nonconversion agreements) for enclosures below elevated
buildings, and require the replacement of mechanical,plumbing and electrical systems, equipment and
components to be located at or above the base flood elevation identified on the FIRM that was effective
when the building was originally permitted, for buildings and structures in flood hazard areas for the
purpose of participating in the National Flood Insurance Program's Community Rating System.
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The proposed ordinance will eliminate from Chapter 6 of the Monroe County Code of
Ordinances the restriction of enclosed areas below the required base flood elevation to not more
than 299 square feet in area and at the same time re-adopt the remaining administrative and
technical amendments to the Florida Building Code. The remainder of the "remedial plan"
requirements will be eliminated from Chapter 122 of the Land Development Code through a separate
ordinance.
PREVIOUS RELEVANT BOCC ACTION:
Resolution No. 080-2002, February 13, 2002, committed to implement an "Inspection Procedure" to
identify and reduce potential damage to noncompliant buildings and financial exposure to the National
Flood Insurance Program (NFIP), and to ensure Monroe County remained eligible for the Federal
Emergency Management Floodplain Management Program.
Resolution No. 115-2002, March 20, 2002, adopted the first iteration of the "Implementation Plan for
Monroe County Flood Insurance Inspection and Compliance Program" (Implementation Plan) (Exhibit
1 to Resolution No. 115-2002).
Resolution No. 187-2002, April 17, 2002, amended the Implementation Plan at request of FEMA.
Resolution No. 397-2002, September 18, 2002, extended compliance deadlines under the
Implementation Plan for affordable housing.
Resolution No. 152-2003,April 16, 2003, major revision to the Implementation Plan, adopted the "299
rule" and "inspection upon transfer of ownership program."
Ordinance 037-2003, adoption of new floodplain rules consistent with 2003 Implementation Plan.
Resolution 440-2011 on December 14, 2011, amended Implementation Plan to reflect change in state
law related to inspections.
Ordinance 010-2012, update to floodplain rules, removed flood inspection requirement to issue building
permits (per state law), added Certificate of Compliance program.
Resolution 193-2014, August 20, 2014, amended Implementation Plan - current version.
Ordinance 026-2022, November 15, 2022, updated floodplain management chapter to be consistent
with the State Floodplain Management Office's Model Floodplain Management Ordinance.
Ordinance 027-2022, adopting local administrative and technical amendments to the Florida Building
Code.
January 15, 2025, BOCC meeting, direction from BOCC for County staff to meet with FEMA in order
to seek elimination of the Implementation Plan.
Resolution 166-2025, April 16, 2025, rescinding Exhibit 1 of Resolution No. 193-2014, directing
County staff to prepare amendments to the Monroe County Code of Ordinances and Land Development
Code to eliminate the size restriction of 299 square feet for enclosed areas below elevated buildings to
be used for limited storage, parking or building access only, the required inspections of enclosed areas
below elevated residential structures prior to the transfer of ownership, the Floodplain Certificate of
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Compliance Program, and any other code provisions related to the "remedial plan."
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Monroe—County_Ch._6—Ordinance—ADOPTION—HEA-RJNG.pdf
FDEM-OFF review - 2025-08-19.pdf
Resolution 166-2025.pdf
Resolution 193-2014.pdf
FINANCIAL IMPACT:
N/A
7519
� 3)
1
2
3 n` _
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2025
9
10 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY CODE OF ORDINANCES
12 CHAPTER 6 — BUILDINGS AND CONSTRUCTION, ARTICLE II — BUILDING
13 CODE, DIVISION 4. FLORIDA BUILDING CODE AMENDMENTS, TO
14 ELIMINATE THE RESTRICTION OF ENCLOSED AREAS BELOW THE
15 REQUIRED BASE FLOOD ELEVATION TO NOT MORE THAN 299 SQUARE
16 FEET IN AREA AND TO RE-ADOPT THE REMAINING ADMINISTRATIVE
17 AND TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE;
18 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
19 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
20 FLORIDA BUILDING COMMISSION AND THE DEPARTMENT OF STATE;
21 PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
22
23
24 WHEREAS, Monroe County Code of Ordinances, Chapter 6 — Buildings and
25 Construction,Article II—Building Code,govern the administration and enforcement of the Florida
26 Building Code and associated technical construction standards and regulations within the
27 unincorporated limits of the county; and
28
29 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
30 that the work of ordinance codification is an ongoing process that requires a continuing effort by
31 various County officials and staff, and it is the goal of the BOCC to ensure that Monroe County
32 Code of Ordinances Chapter 6 is kept current and of maximum use and clarity; and
33
34 WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County
35 Government,Florida Statutes,conferred upon local governments the authority to adopt regulations
36 designed to promote the public health, safety, and general welfare of its citizenry; and
37
38 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
39 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
40 health, safety, and welfare of the County's citizens; and
41
42 WHEREAS, the Federal Emergency Management Agency has identified special flood
43 hazard areas within the boundaries of unincorporated Monroe County and such areas may be
44 subject to periodic inundation which may result in loss of life and property, health and safety
45 hazards, disruption of commerce and governmental services, extraordinary public expenditures for
46 flood protection and relief, and impairment of the tax base, all of which adversely affect the public
47 health, safety and general welfare; and
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48
49 WHEREAS, Monroe County was accepted for participation in the National Flood
50 Insurance Program on June 15, 1973, and the Monroe County Board of County Commissioners
51 desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
52 and 60, necessary for such participation; and
53
54 WHEREAS,the National Flood Insurance Program (NFIP)is a federally-subsidized flood
55 damage insurance program administered by the Federal Emergency Management Agency(FEMA)
56 enabling property owners in participating communities to purchase flood insurance in exchange
57 for the community's adoption of floodplain management regulations to reduce future flood
58 damages; and
59
60 WHEREAS,the participating communities floodplain management regulations must meet
61 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
62 CFR Part 59 and Part 60); and
63
64 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
65 provide a mechanism for the uniform adoption, updating, amendment, interpretation and
66 enforcement of a state building code, called the Florida Building Code; and
67
68 WHEREAS, the Florida Division of Emergency Management (DEM), Bureau of
69 Mitigation, State Floodplain Management Office developed a Model Floodplain Management
70 Ordinance for communities, written explicitly to rely on the flood provisions in the Florida
71 Building Code; and
72
73 WHEREAS, since the 2010 edition, the flood provisions of the Florida Building Code
74 meet or exceed the minimum NFIP requirements for buildings and structures; and
75
76 WHEREAS,the Federal Emergency Management Agency (FEMA) approved the State's
77 Model Floodplain Management Ordinance in 2013; and
78
79 WHEREAS, in 2002, Monroe County adopted Resolution 187-2002, approving an
80 Implementation Plan for Monroe County Flood Insurance Inspection and Compliance Program
81 (commonly referred to as the "remedial plan") which was amended from time to time, most
82 recently by the adoption of Resolution 193-2014; and
83
84 WHEREAS, the "remedial plan" included a requirement that enclosed areas below the
85 required base flood elevation be limited in size to not more than 299 square feet in area; and
86
87 WHEREAS, on April 16, 2025, the Monroe County Board of County Commissioners
88 adopted Resolution 166-2025, rescinding Exhibit 1 of Resolution No. 193-2014, directing County
89 staff to prepare amendments to the Monroe County Code of Ordinances and Land Development
90 Code to eliminate the size restriction of 299 square feet for enclosed areas below elevated buildings
91 to be used for limited storage,parking or building access only,the required inspections of enclosed
92 areas below elevated residential structures prior to the transfer of ownership, the Floodplain
93 Certificate of Compliance Program, and any other code provisions related to the "remedial plan;"
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94 and
95
96 WHEREAS, amendments are necessary within Monroe County Code of Ordinances,
97 Chapter 6 —Buildings and Construction, Article II—Building Code, Division 4. Florida Building
98 Code Amendments, to update sections for local amendments to the Florida Building Code; and
99
100 WHEREAS, Section 553.73, Florida Statutes, governs the adoption of local amendments
101 to the Florida Building Code; and
102
103 WHEREAS, Chapter 553, Florida Statutes, allows for local administrative and technical
104 amendments to the Florida Building Code that provide for more stringent requirements than those
105 specified in the Code and allows adoption of local administrative and local technical amendments
106 to the Florida Building Code to implement the National Flood Insurance Program and incentives;
107 and
108
109 WHEREAS,pursuant to Section 553.73(4)(f),following an update to the Florida Building
110 Code, local governments must readopt amendments adopted under a previous version of the
111 Florida Building Code; and
112
113 WHEREAS, the Monroe County Board of County Commissioners previously adopted a
114 local amendment to the Florida Building Code to limit the size of enclosed areas under elevated
115 buildings in flood hazard areas and has determined it appropriate to repeal that local amendment;
116 and
117
118 WHEREAS, the Monroe County Board of County Commissioners previously adopted
119 Ordinance No. 027-2022, to establish the minimum foundation requirements, require declarations
120 of land restriction (nonconversion agreements) for enclosures below elevated buildings, and
121 require the replacement of mechanical, plumbing and electrical systems, equipment and
122 components to be located at or above the base flood elevation identified on the FIRM that was
123 effective when the building was originally permitted, for buildings and structures in flood hazard
124 areas for the purpose of participating in the National Flood Insurance Program's Community
125 Rating System; and
126
127 WHEREAS,the Monroe County Board of County Commissioners is maintaining and re-
128 adopting previously adopted requirements to establish the minimum foundation requirements,
129 require declarations of land restriction (nonconversion agreements) for enclosures below elevated
130 buildings, and require the replacement of mechanical,plumbing and electrical systems, equipment
131 and components to be located at or above the base flood elevation identified on the FIRM that was
132 effective when the building was originally permitted, for buildings and structures in flood hazard
133 areas for the purpose of participating in the National Flood Insurance Program's Community
134 Rating System and,pursuant to Section 553.73(5), Florida Statutes, is formatting that requirement
135 to coordinate with the Florida Building Code; and
136
137 WHEREAS, the Monroe County Board of County Commissioners has determined that it
138 is in the public interest to maintain and re-adopt the proposed local technical amendments to the
139 Florida Building Code, without the inclusion of the technical amendments limiting the size of
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7522
140 enclosed areas under elevated buildings, and the proposed amendments are not more stringent than
141 necessary to address the need identified, do not discriminate against materials, products or
142 construction techniques of demonstrated capabilities, are in compliance with section 553.73(4),
143 Florida Statutes; and
144
145 WHEREAS,on September 10,2025,the Monroe County Board of County Commissioners
146 held a public hearing, and provided for public comment and public participation in accordance
147 with the requirements of state law and the procedures adopted for public participation in the
148 planning process; and
149
150 WHEREAS, recognizing that where an extant legislatively approved law is repealed by a
151 subsequent legislative act that substantially reenacts that repealed extant law,the prior legislatively
152 approved law and the subsequent legislative act shall be regarded as one continuous law
153 uninterrupted in its operation, see McKibben v. Mallory, 293 So.2d 48, 52-53 (Fla. 1974), see also
154 Goldenberg v. Dome Condo. Ass'n, 376 So.2d 37, 38 (Fla. 3d DCA 1979), it is the express
155 legislative intent and purpose of the BOCC, in relation to or in connection with subsequent
156 administrative and judicial construction, that all recodified or reenacted provisions of Monroe
157 County Code of Ordinances Chapter 6 shall be deemed to have been in operation continuously
158 from their original enactment whereas the changes or substantial modifications are treated as
159 amendments effective from the time they go into legal effect;
160
161 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
162 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
163
164 Section 1.Recitals. The foregoing recitals are true and correct and are hereby incorporated
165 as if fully stated herein.
166
167 Section 2. The text of the Monroe County Code of Ordinances Chapter 6 —Buildings and
168 Construction, Article 11 — Building Code, Division 4. Florida Building Code Amendments, is
169 amended as shown and stated herein. Proposed Amendments are shown with deletions stfiekeff
170 t4r-etigh and additions are underlined.
171
172 CHAPTER 6—BUILDINGS AND CONSTRUCTION
173 ...
174 ARTICLE II—BUILDING CODE
175 ...
176 DIVISION 4. FLORIDA BUILDING CODE AMENDMENTS
177
178 Sec. 6-146. Florida Building Code, Building,Administrative Amendments.
179
180 (a) Modify Section 107.3.5 as follows for additional flood requirements:
181
182 107.3.5 Minimum plan review criteria for buildings.
183 The examination of the documents by the building official shall include the following minimum
184 criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss
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185 layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior
186 elevations:
187
188 * * * * *
189
190 Commercial Buildings: Building. [partial shown];
191 8. Structural requirements shall include:
192 Soil conditions/analysis
193 Termite protection
194 Design loads
195 Wind requirements
196 Building envelope
197 Impact resistant coverings or systems
198 Structural calculations (if required)
199 Foundation
200 Flood requirements in accordance with Section 1612, including lowest floor elevations,
201 enclosures, nonconversion agreement, V-Zone and Coastal A Zone Construction
202 Certification Form, flood damage resistant materials
203 Wall systems
204 Floor systems
205 Roof systems
206 Threshold inspection plan
207 Stair systems
208
209 107.3.S Minimum plan review criteria for buildings.
210 The examination of the documents by the building official shall include the following minimum
211 criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss
212 layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior
213 elevations:
214 * * * * *
215
216 Residential(one- and two-family). [partial shown]
217 6. Structural requirements shall include:
218 Wall section from foundation through roof, including assembly and materials connector
219 tables wind requirements structural calculations (if required)
220 Flood hazard areas, flood zones, design flood elevations, lowest floor elevations,
221 enclosures, nonconversion agreement, V-Zone and Coastal A Zone Construction
222 Certification Form, equipment, and flood damage-resistant materials.
223
224 (b) Modify Section 110.3 as follows:
225
226 110.3 Required inspections.
227
228 The building official upon notification from the permit holder or his or her agent shall make the
229 following inspections, and shall either release that portion of the construction or shall notify the
230 permit holder or his or her agent of any violations which must be corrected in order to comply with
Page 5 of 13
7524
231 the technical codes. The building official shall determine the timing and sequencing of when
232 inspections occur and what elements are inspected at each inspection.
233
234 Building. [partial shown]
235 1. Foundation inspection. To be made after trenches are excavated and forms erected and
236 shall at a minimum include the following building components:
237 • Stem-wall
238 • Monolithic slab-on-grade
239 • Piling/pile caps
240 • Footers/grade beams
241 1.1. In flood hazard areas, upon placement of the lowest floor, including basement, and
242 prior to further vertical construction,the FEMA Elevation Certificate shall be submitted to
243 the authority having jurisdiction.
244
245 5. Final inspection. To be made after the building is completed and ready for occupancy.
246 5.1. In flood hazard areas, as part of the final inspection, final FEMA Elevation Certificate
247 of the lowest floor elevation shall be submitted to the authority having jurisdiction.
248
249 Sec. 6-147. Florida Building Code, Building, Technical Amendments.
250 (a) Add a new Sections 1612.4.3, 1612.4.3.1 and 1612.4.3.2 as follows:
251
252 1612.4.3 Minimum and Alternate Engineered Foundation Requirements. Design and construction
253 of foundations in Special Flood Hazard Areas shall be in accordance with the minimum
254 requirements as set forth in 1612.4.3.1 or 1612.4.3.2.
255
256 1612.4.3.1 Minimum Foundation Requirements. Design of the foundation system shall be
257 provided by a Geotechnical Engineer registered in the State of Florida in a site-specific
258 geotechnical report submitted per requirements of Section 1803.6. The foundation design
259 shall be the more stringent of recommendations of the report and meet the following
260 minimum requirements:
261
262 1. All structures or building foundations shall be anchored/socketed into
263 natural rock. This includes, but is not limited to, auger cast concrete piles, precast
264 concrete piles or wooden piles.
265 2. All concrete piling shall have full depth reinforcing to effectively resist the
266 internal forces induced by the design loads, without failure.
267 3. All piling shall be anchored to the natural rock with a 14 inch minimum
268 diameter augured socket and a minimum embedment of 3 feet.
269 4. The pile foundation support system shall be designed to resist the required
270 lateral loading for an unsupported height defined by a full scour condition. The
271 construction documents shall include a statement that the design has been
272 completed and certified for a full scour condition for lateral stability to the elevation
273 of the supporting rock and in accordance with ASCE 24.
274 5. Pile embedment shall include consideration of decreased resistance capacity
275 caused by scour of soil strata surrounding the piling and have adequate rock
276 penetration to resist the combined wave and wind loads (lateral and uplift).
Page 6 of 13
7525
277
278 1612.4.3.2 Alternate Engineered Foundation Requirements. Acceptance of a designed pile
279 foundation system which deviates from the minimum requirements of Section 1612.4.3.1
280 will be considered, provided a site-specific geotechnical investigation is performed,
281 followed by a report certifying the designed foundation system is prepared and submitted
282 by a Geotechnical Engineer registered in the State of Florida, which includes an
283 engineering evaluation and recommendations for supporting the structure. The
284 geotechnical report shall include the following minimum information:
285
286 1. The requirements of Section 1803.6 shall be satisfied.
287 2. Resistance of the foundation system shall be no less than the governing
288 structural design loads. The design loading for the building or structure which is to
289 be supported by the foundation system, as provided by the engineer of record, shall
290 be included as an attachment.
291 3. A site-specific scour analysis using equations for contraction scour which
292 considers any proposed fill material and final ground elevation upon project
293 completion. An estimated depth of scour shall be provided for each isolated
294 support. For a design considering a full scour condition in the absence of the site-
295 specific analysis, the construction documents shall include a statement that the
296 design has been completed and certified for a full scour condition for lateral
297 stability to the elevation of the supporting rock and in accordance with ASCE 24.
298 4. A certified survey of the subject property which include, but not limited to,
299 the following information:
300 a. Legal description of the property.
301 b. The property owner's name.
302 C. All vertical data specified on the survey shall be referenced to
303 NAVD 88.
304 d. The location of the property in relation to bordering roads and
305 streets.
306 e. Property boundaries and rights-of-way.
307 f. The proposed location of the foundation elements.
308 5. A site plan, which includes a physical feature or reference survey marker
309 indicated on the certified survey, indicating the location, configurations, and
310 minimum depths of foundation elements, and proposed grades. Locations of fill
311 material shall be clearly delineated.
312
313 The geotechnical report shall be provided to the County for their records. A cover sheet
314 shall be provided, attached to the report submittal, which includes or explicitly references
315 the above items. This report shall consider local scour and all applicable design loads as
316 outlined in the Florida Building Code. Pile embedment shall include consideration of
317 decreased resistance capacity caused by scour of soil strata surrounding the piling and have
318 soil and/or rock anchored resistance to resist the design combined wave and wind loads
319 (lateral and uplift).
320
321 (1)) 441 a w Seetion 161 : .,f-a��
322
Page 7 of 13
7526
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328 le et in aaee p of (IweH4ig ufi4.. 1Nofieof4' rm44i-9 �—arr s 4'29 9 s(jt d " �y �
329 on °r p rd p° ; ( g; sha4�7 )t4' ---i-no( & Vll��7� �d� � 3��&4�, & areas, are
330 brot "
331
332
333 Sec. 6-148. Florida Building Code, Residential Technical Amendments.
334
335 (a) Modify Sections 322.2.2 and 322.2.3 as follows:
336
337 R322.2.2 Enclosed area below design flood elevation.
338 Enclosed areas,below new and substantially improved one- and two-family dwellings, and below
339 lateral additions to one- and two-family dwellings, including crawl spaces, that are below the
340 design flood elevation shall:
341 1. Be used solely for parking of vehicles, building access or storage.
342 2. Be provided with flood openings that meet the following criteria and are installed
343 in accordance with Section R322.2.2.1:
344 2.1. The total net area of non-engineered openings shall be not less than 1 square
345 inch (645 mm2) for each square foot (0.093 m2) of enclosed area where the
346 enclosed area is measured on the exterior of the enclosure walls, or the openings
347 shall be designed as engineered openings and the construction documents shall
348 include a statement by a registered design professional that the design of the
349 openings will provide for equalization of hydrostatic flood forces on exterior walls
350 by allowing for the automatic entry and exit of floodwaters as specified in Section
351 2.7.2.2 of ASCE 24.
352 2.2. Openings shall be not less than 3 inches (76 mm) in any direction in the plane
353 of the wall.
354 2.3 The presence of louvers, blades, screens and faceplates or other covers and
355 devices shall allow the automatic flow of floodwater into and out of the enclosed
356 areas and shall be accounted for in the determination of the net open area.
357 leet & eej')t 4) 1') Fp - all 4)tItIdff
358 (erawkwi efilo o spaaee � .5 1LL4�
359 4 " . _ -n4ig e elosed...a � two
360 °�ae ii (1weN41gs &ik6tig on ' 1')rd...11 , 004 r�a�a� pig°ue<�uap�a��tix�a �a as p
361 a _ p area i ➢a t➢aura see6aan
362
363 R322.2.3 Foundation design and construction.
364 Foundations walls for buildings and structures erected in flood hazard areas shall meet the
365 requirements of Chapter 4 and R322.2.3.1 or R322.2.3.2. The design and construction of
366 foundations located in flood hazard areas shall be in accordance with Chapter 5 of ASCE 7 and
367 with ASCE 24.
368
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369 (b) Add new sections 322.2.3.1 and 322.2.3.2 as follows:
370
371 R322.2.3.1 Minimum Foundation Requirements.
372 Design of the foundation system shall be provided by a Geotechnical Engineer registered in the
373 State of Florida in a site-specific geotechnical report submitted per requirements of Section 1803.6
374 (Florida Building Code, Building). The foundation design shall be the more stringent of
375 recommendations of the report and meet the following minimum requirements:
376 1. All structures or building foundations shall be anchored/socketed into natural rock.
377 This includes, but is not limited to, auger cast concrete piles, precast concrete piles or
378 wooden piles.
379 2. All concrete piling shall have full depth reinforcing to effectively resist the internal
380 forces induced by the design loads, without failure.
381 3. All piling shall be anchored to the natural rock with a 14 inch minimum diameter
382 augured socket and a minimum embedment of 3 feet.
383 4. The pile foundation support system shall be designed to resist the required lateral
384 loading for an unsupported height defined by a full scour condition. The construction
385 documents shall include a statement that the design has been completed and certified for a
386 full scour condition for lateral stability to the elevation of the supporting rock and in
387 accordance with ASCE 24.
388 5. Pile embedment shall include consideration of decreased resistance capacity caused
389 by scour of soil strata surrounding the piling and have adequate rock penetration to resist
390 the combined wave and wind loads (lateral and uplift).
391
392 R322.2.3.2 Alternate Engineered Foundation Requirements.
393 Acceptance of a designed pile foundation system which deviates from the minimum requirements
394 of Section R322.2.3.1 will be considered, provided a site-specific geotechnical investigation is
395 performed, followed by a report certifying the designed foundation system is prepared and
396 submitted to the County by a Geotechnical Engineer registered in the State of Florida, which
397 includes an engineering evaluation and recommendations for supporting the structure. The
398 geotechnical report shall include the following minimum information:
399 1. The requirements of Section 1803.6 (Florida Building Code, Building) shall be
400 satisfied.
401 2. Resistance of the foundation system shall be no less than the governing structural
402 design loads. The design loading for the building or structure which is to be supported by
403 the foundation system, as provided by the engineer of record, shall be included as an
404 attachment.
405 3. A site-specific scour analysis using equations for contraction scour which considers
406 any proposed fill material and final ground elevation upon project completion. An
407 estimated depth of scour shall be provided for each isolated support. For a design
408 considering a full scour condition in the absence of the site-specific analysis, the
409 construction documents shall include a statement that the design has been completed and
410 certified for a full scour condition for lateral stability to the elevation of the supporting rock
411 and in accordance with ASCE 24.
412 4. A certified survey of the subject property which include, but not limited to, the
413 following information:
414 a. Legal description of the property.
Page 9 of 13
7528
415 b. The property owner's name.
416 C. All vertical data specified on the survey shall be referenced to NAVD 88
417 d. The location of the property in relation to bordering roads and streets.
418 e. Property boundaries and rights-of-way.
419 f. The proposed location of the foundation elements.
420 5. A site plan,which includes a physical feature or reference survey marker indicated
421 on the certified survey, indicating the location, configurations, and minimum depths of
422 foundation elements, and proposed grades. Locations of fill material shall be clearly
423 delineated.
424 The geotechnical report shall be provided to the County for their records. A cover sheet
425 shall be provided, attached to the report submittal, which includes or explicitly references
426 the above items. This report shall consider local scour and all applicable design loads as
427 outlined in the Florida Building Code. Pile embedment shall include consideration of
428 decreased resistance capacity caused by scour of soil strata surrounding the piling and have
429 soil and/or rock anchored resistance to resist the design combined wave and wind loads
430 (lateral and uplift).
431
432 (c) Modify Sections 322.3.3 afiri 322�3�O as follows:
433
434 R322.3.3 Foundations.
435 Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be
436 supported on pilings or columns and shall be adequately anchored to such pilings or columns. The
437 space below the elevated building shall be either free of obstruction or, if enclosed with walls,the
438 walls shall meet the requirements of Section R322.3.5. Pilings shall have adequate soil
439 penetrations to resist the combined wave and wind loads (lateral and uplift). Water-loading values
440 used shall be those associated with the design flood. Wind-loading values shall be those required
441 by this code. Pile embedment shall include consideration of decreased resistance capacity caused
442 by scour of soil strata surrounding the piling.Pile systems design and installation shall be certified
443 in accordance with Section R322.3.9. A foundation design shall be in accordance with Section
444 R322.2.3.1 or R322.2.3.2. The design and construction of foundations located in coastal high
445 hazard areas, including Coastal A zones, shall be in accordable with Chapter 5 of ASCE 7 and
446 with ASCE 24.
447
448 i J92. 4-
449 Pow y tti+)n ' all not I)e fnor�e than 39
450 3e...�
451
452 Sec. 6-149. Florida Building Code, Existing Building Technical Amendments.
453
454 (a) Modify Section 503.2 as follows:
455
456 [BS] 503.2 Flood hazard areas.
457 For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida
458 Building Code,Building,or Section R322 of the Florida Building Code,Residential, as applicable,
459 any alteration that constitutes substantial improvement of the existing structure shall comply with
Page 10 of 13
7529
460 the flood design requirements for new construction, and all aspects of the existing structure shall
461 be brought into compliance with the requirements for new construction for flood design.
462
463 For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida
464 Building Code,Building,or Section R322 of the Florida Building Code,Residential, as applicable,
465 any alterations that do not constitute substantial improvement of the existing structure are not
466 required to comply with the flood design requirements for new construction, except any exterior
467 replacement mechanical, plumbing and electrical systems, equipment and components shall be
468 required to be located at or above the base flood elevation identified on the FIRM that was effective
469 when the building was originally permitted. If the lowest floor of an existing building is located
470 below the base flood elevation identified on the FIRM that was effective when the building
471 originally permitted,the replacement mechanical,plumbing and electrical systems, equipment and
472 components shall be located to or above the lowest floor elevation of the building.
473
474 (b) Modify Section 701.3 as follows:
475
476 [BSJ 701.3 Flood Hazard Areas.
477 In flood hazard areas, alterations that constitute substantial improvement shall require that the
478 building comply with Section 1612 of the Florida Building Code, Building, or Section R322 of the
479 Florida Building Code, Residential, as applicable. Alterations that do not constitute substantial
480 improvement shall be required to have any exterior replacement mechanical, plumbing and
481 electrical systems, equipment and components located at or above the base flood elevation
482 identified on the FIRM that was effective when the building was originally permitted. If the lowest
483 floor of an existing building is located below the base flood elevation identified on the FIRM that
484 was effective when the building originally permitted, the replacement mechanical, plumbing and
485 electrical systems, equipment and components shall be located to or above the lowest floor
486 elevation of the building.
487
488 Secs. 6-150-6-197. Reserved.
489
490
491 Section 3. Fiscal Impact Statement. In terms of design, plan application review,
492 construction and inspection of buildings and structures, the cost impact as an overall average is
493 negligible in regard to the local technical amendments because all development has been subject
494 to the requirements of the local floodplain management ordinance adopted for participation in the
495 National Flood Insurance Program. In terms of lower potential for flood damage, there will be
496 continued savings and benefits to consumers.
497
498 Section 4. Applicability. For the purposes of jurisdictional applicability, this ordinance
499 shall apply in all unincorporated areas of Monroe County. This ordinance shall apply to all
500 applications for development, including building permit applications and subdivision proposals,
501 submitted on or after the effective date of this ordinance.
502
503 Section. 5. Construction and Interpretation. This Ordinance and its interpretation shall
504 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
505 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
506 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
Page 11 of 13
7530
507 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
508 connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
509 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be
510 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such
511 construction and interpretation shall be entitled to great weight in adversarial administrative
512 proceedings, at trial, bankruptcy, and on appeal.
513
514 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
515 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
516 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
517 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
518 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
519 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
520 continue unimpaired in full force and effect.
521
522 Section 7. In recognition that where an extant legislatively approved law is repealed by a
523 subsequent legislative act which substantially reenacts that repealed extant law, the prior
524 legislatively approved law and the subsequent legislative act shall be regarded as one continuous
525 law uninterrupted in its operation,see McKibben v. Mallory, 293 So. 2d 48, 52-53 (Fla. 1974), see
526 also Goldenberg v. Dome Condo. Ass'n, 376 So. 2d 37, 38 (Fla. 3rd DCA 1979), it is the express
527 legislative intent and purpose of the BOCC, in relation to or in connection with of subsequent
528 administrative and judicial construction and review of this ordinance and Chapter 6, that all
529 recodified or reenacted provisions of Monroe County Code of Ordinances Chapter 6, which
530 includes those provisions of Chapter 6 unchanged or not substantially modified by this ordinance,
531 shall be deemed to have been in operation continuously from their original enactment whereas the
532 changes or substantial modifications are treated as amendments effective from the time they go
533 into legal effect.
534
535 Section 8. Conflicting Provisions. Consonant with Section 7, all ordinances or parts of
536 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The
537 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any
538 ordinance which has been repealed thereby.
539
540 Section 9. Captions and Paragraph Headings. Captions and paragraph headings, where
541 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
542 and intent of the particular paragraph or text to which they refer.
543
544 Section 10. Inclusion in the Monroe County Code of Ordinances. The provisions of this
545 Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe,
546 Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform
547 to the uniform marking system of the Code.
548
549 Section 11. Effective Date. This ordinance shall transmitted to the Florida Building
550 Commission and filed with Department of State and shall be effective as provided by Sections
551 125.66(2)(b) and 553.73, Florida Statutes.
552
Page 12 of 13
7531
553 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
554 Florida, at a regular meeting held on the 101h day of September, 2025.
556 Mayor James K. Scholl, District 3
557 Mayor Pro Tem Michelle Lincoln, District 2
558 Commissioner Craig Cates, District 1
559 Commissioner David Rice, District 4
560 Commissioner Holly Merrill Raschein, District 5
562 BOARD OF COUNTY COMMISSIONERS
563 OF MONROE COUNTY, FLORIDA
564
565 By:
566 Mayor James K. Scholl
567 (SEAL)
568
569 ATTEST: KEVIN MADOK, CLERK
570
571
572 AS DEPUTY CLERK
573
574
575 MONROE COUNTY ATTORNEY'S OFFICE
576 APPROVED AS TO FORM
577
578
579 KELLY DUGAN
580 ASSISTANT COUNTY ATTORNEY
Page 13 of 13
7532
From: Rebecca Quinn
To: Schemoer-Emily
Cc: Dugan-Kelly;Toloin Devin;Jillian Kravnak; Michael Burchette
Subject: RE: Monroe County-Chapter 122 amendment?
Date: Tuesday,August 19,2025 8:00:33 AM
Attachments: DIVISION 4. FLORIDA BUILDING CODE AMENDMENTS-Removal of 299 sf limitation ONLY-2025-7-
21 rcg2.docx
Chanter 122 DRAFT amendments for FDEM review 8-18 2025 rcg.docx
CAUTION
Emily,
See attached — these are good to go! Please send me the adopting ordinance when
you have the pieces in final form. And let me know when you have reading dates
so I can input to our tracking chart. FYI, still no estimated date for the LFD.
I previously reminded you that the adopting ordinance should have some clauses
related to repeal of the FBC amendments — and then after adoption, we'll remind
you to submit to the Building Commission. Below are the two clauses I sent —if
you want more specificity, 553.73(4) is general authority to amend, and 553.73(5)
is specific to flood — but since you're repealing, I don't think you need to do more
than shown:
WHEREAS, Chapter 553.73, Florida Statutes, allows for local administrative and
technical amendments to the Florida Building Code that provide for more stringent
requirements than those specified in the Code and allows adoption of local
administrative and local technical amendments to the Florida Building Code to
implement the National Flood Insurance Program and incentives; and
WHEREAS, the {community's governing body} previously adopted a local
amendment to the Florida Building Code to limit the size of enclosed areas under
elevated buildings in flood hazard areas and has determined it appropriate to
repeal that local amendment; and
Rebecca
443-398-5005
From: Schemper-Emily<Schemper-Emily@MonroeCounty-FL.Gov>
Sent: Monday, August 18, 2025 2:25 PM
To: Rebecca Quinn <Rebecca@RCQuinnConsulting.com>
Cc: Dugan-Kelly<Dugan-Kelly@MonroeCounty-FL.Gov>;Tolpin-Devin <Tolpin-
7533
Chapter 6-BUILDINGS AND CONSTRUCTION
ARTICLE IL-BUILDING CODE
DIVISION 4.FLORIDA BUILDING CODE AMENDMENTS
DIVISION 4.FLORIDA BUILDING CODE AMENDMENTS'
Sec.6-146.Florida Building Code,Building,Administrative Amendments.
(a) Modify Section 107.3.5 as follows for additional flood requirements:
107.3.5 Minimum plan review criteria for buildings.
The examination of the documents by the building official shall include the following minimum criteria and
documents:a floor plan;site plan;foundation plan;floor/roof framing plan or truss layout;all fenestration
penetrations;flashing;and rough opening dimensions;and all exterior elevations:
Commercial Buildings:Building.[partial sh;ohvn];b0;8.Structural requirements shall include: Commented[RQ1]:If you will show all of 6 146,check
Soil conditions/analysis this--Something odd here with formatting—check the FBC.
There may be a subitem b,under which is 8,under which is
Termite protection the list
Design loads
Wind requirements
Building envelope
Impact resistant coverings or systems
Structural calculations(if required)
Foundation
Flood requirements in accordance with Section 1612,including lowest floor elevations,enclosures,
nonconversion agreement,V-Zone and Coastal A Zone Construction Certification Form,flood damage
resistant materials
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
107.3.5 Minimum plan review criteria for buildings.
The examination of the documents by the building official shall include the following minimum criteria and
documents:a floor plan;site plan;foundation plan;floor/roof framing plan or truss layout;all fenestration
penetrations;flashing;and rough opening dimensions;and all exterior elevations:
'Note(s)—The following local amendments to the Florida Building Code are hereby made and incorporated to the
Monroe County Code.
Monroe County,Florida,Code of Ordinances created: 2025-07-21 08:27:18[EST]
(Supp.No.31,Update 1)
Page 1 of 7
7534
Residential(one-and two-family).[partial shown]
6.Structural requirements shall include:
Wall section from foundation through roof,including assembly and materials connector tables wind
requirements structural calculations(if required)
Flood hazard areas,flood zones,design flood elevations,lowest floor elevations,enclosures,nonconversion
agreement,V-Zone and Coastal A Zone Construction Certification Form,equipment,and flood damage-
resistant materials.
(b) Modify Section 110.3 as follows:
110.3 Required inspections.
The building official upon notification from the permit holder or his or her agent shall make the following
inspections,and shall either release that portion of the construction or shall notify the permit holder or his or her
agent of any violations which must be corrected in order to comply with the technical codes.The building official
shall determine the timing and sequencing of when inspections occur and what elements are inspected at each
inspection.
Building.[partial shown]
1. Foundation inspection.To be made after trenches are excavated and forms erected and shall at a
minimum include the following building components:
•Stem-wall
•Monolithic slab-on-grade
•Piling/pile caps
•Footers/grade beams
1.1.In flood hazard areas,upon placement of the lowest floor,including basement,and prior to
further vertical construction,the FEMA Elevation Certificate shall be submitted to the
authority having jurisdiction.
5.Final inspection.To be made after the building is completed and ready for occupancy.
5.1.In flood hazard areas,as part of the final inspection,final FEMA Elevation Certificate of the
lowest floor elevation shall be submitted to the authority having jurisdiction.
(Ord.No.027-2022,§2)
Sec.6-147.Florida Building Code,Building,Technical Amendments.
(a) Add a new Sections 1612.4.3,1612.4.3.1 and 1612.4.3.2 as follows:
1612.4.3 Minimum and Alternate Engineered Foundation Requirements.Design and construction of foundations in
Special Flood Hazard Areas shall be in accordance with the minimum requirements as set forth in 1612.4.3.1 or
1612.4.3.2.
1612.4.3.1 Minimum Foundation Requirements.Design of the foundation system shall be provided by a
Geotechnical Engineer registered in the State of Florida in a site-specific geotechnical report submitted per
requirements of Section 1803.6.The foundation design shall be the more stringent of recommendations of
the report and meet the following minimum requirements:
1. All structures or building foundations shall be anchored/socketed into natural rock.This includes,
but is not limited to,auger cast concrete piles,precast concrete piles or wooden piles.
created: 2025-07-21 08:27:18[EST]
(Supp.No.31,Update 1)
Page 2 of 7
7535
2. All concrete piling shall have full depth reinforcing to effectively resist the internal forces induced
by the design loads,without failure.
3. All piling shall be anchored to the natural rock with a 14 inch minimum diameter augured socket
and a minimum embedment of 3 feet.
4. The pile foundation support system shall be designed to resist the required lateral loading for an
unsupported height defined by a full scour condition.The construction documents shall include a
statement that the design has been completed and certified for a full scour condition for lateral
stability to the elevation of the supporting rock and in accordance with ASCE 24.
5. Pile embedment shall include consideration of decreased resistance capacity caused by scour of
soil strata surrounding the piling and have adequate rock penetration to resist the combined
wave and wind loads(lateral and uplift).
1612.4.3.2 Alternate Engineered Foundation Requirements.Acceptance of a designed pile foundation system
which deviates from the minimum requirements of Section 1612.4.3.1 will be considered,provided a site-
specific geotechnical investigation is performed,followed by a report certifying the designed foundation
system is prepared and submitted by a Geotechnical Engineer registered in the State of Florida,which
includes an engineering evaluation and recommendations for supporting the structure.The geotechnical
report shall include the following minimum information:
1. The requirements of Section 1803.6 shall be satisfied.
2. Resistance of the foundation system shall be no less than the governing structural design loads.
The design loading for the building or structure which is to be supported by the foundation
system,as provided by the engineer of record,shall be included as an attachment.
3. A site-specific scour analysis using equations for contraction scour which considers any proposed
fill material and final ground elevation upon project completion.An estimated depth of scour
shall be provided for each isolated support.For a design considering a full scour condition in the
absence of the site-specific analysis,the construction documents shall include a statement that
the design has been completed and certified for a full scour condition for lateral stability to the
elevation of the supporting rock and in accordance with ASCE 24.
4. A certified survey of the subject property which include,but not limited to,the following
information:
a. Legal description of the property.
b. The property owner's name.
C. All vertical data specified on the survey shall be referenced to NAVD 88.
d. The location of the property in relation to bordering roads and streets.
e. Property boundaries and rights-of-way.
f. The proposed location of the foundation elements.
5. A site plan,which includes a physical feature or reference survey marker indicated on the
certified survey,indicating the location,configurations,and minimum depths of foundation
elements,and proposed grades.Locations of fill material shall be clearly delineated.
The geotechnical report shall be provided to the County for their records.A cover sheet shall be provided,
attached to the report submittal,which includes or explicitly references the above items.This report shall
consider local scour and all applicable design loads as outlined in the Florida Building Code.Pile embedment
shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the
created: 2025-07-21 08:27:18[EST]
(Supp.No.31,Update 1)
Page 3 of 7
7536
piling and have soil and/or rock anchored resistance to resist the design combined wave and wind loads
(lateral and uplift).
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(Ord.No.027-2022,§2)
Sec.6-148.Florida Building Code,Residential Technical Amendments.
(a) Modify Sections 322.2.2 and 322.2.3 as follows:
R322.2.2 Enclosed area below design flood elevation.
Enclosed areas,below new and substantially improved one-and two-family dwellings,and below lateral additions
to one-and two-family dwellings,including crawl spaces,that are below the design flood elevation shall:
1. Be used solely for parking of vehicles,building access or storage.
2. Be provided with flood openings that meet the following criteria and are installed in accordance with
Section R322.2.2.1:
2.1.The total net area of non-engineered openings shall be not less than 1 square inch(645 mm2)for
each square foot(0.093 m2)of enclosed area where the enclosed area is measured on the exterior of
the enclosure walls,or the openings shall be designed as engineered openings and the construction
documents shall include a statement by a registered design professional that the design of the
openings will provide for equalization of hydrostatic flood forces on exterior walls by allowing for the
automatic entry and exit of floodwaters as specified in Section 2.7.2.2 of ASCE 24.
2.2.Openings shall be not less than 3 inches(76 mm)in any direction in the plane of the wall.
2.3 The presence of louvers,blades,screens and faceplates or other covers and devices shall allow the
automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the
determination of the net open area.
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R322.2.3 Foundation design and construction.
Foundations walls for buildings and structures erected in flood hazard areas shall meet the requirements of
Chapter 4 and R322.2.3.1 or R322.2.3.2.The design and construction of foundations located in flood hazard areas
shall be in accordance with Chapter 5 of ASCE 7 and with ASCE 24.
(b) Add new sections 322.2.3.1 and 322.2.3.2 as follows:
R322.2.3.1 Minimum Foundation Requirements.
Design of the foundation system shall be provided by a Geotechnical Engineer registered in the State of Florida in a
created: 2025-07-21 08:27:18[EST]
(Supp.No.31,Update 1)
Page 4 of 7
7537
site-specific geotechnical report submitted per requirements of Section 1803.6(Florida Building Code,Building).
The foundation design shall be the more stringent of recommendations of the report and meet the following
minimum requirements:
1. All structures or building foundations shall be anchored/socketed into natural rock.This includes,but is
not limited to,auger cast concrete piles,precast concrete piles or wooden piles.
2. All concrete piling shall have full depth reinforcing to effectively resist the internal forces induced by
the design loads,without failure.
3. All piling shall be anchored to the natural rock with a 14 inch minimum diameter augured socket and a
minimum embedment of 3 feet.
4. The pile foundation support system shall be designed to resist the required lateral loading for an
unsupported height defined by a full scour condition.The construction documents shall include a
statement that the design has been completed and certified for a full scour condition for lateral
stability to the elevation of the supporting rock and in accordance with ASCE 24.
5. Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil
strata surrounding the piling and have adequate rock penetration to resist the combined wave and
wind loads(lateral and uplift).
R322.2.3.2 Alternate Engineered Foundation Requirements.
Acceptance of a designed pile foundation system which deviates from the minimum requirements of Section
R322.2.3.1 will be considered,provided a site-specific geotechnical investigation is performed,followed by a report
certifying the designed foundation system is prepared and submitted to the County by a Geotechnical Engineer
registered in the State of Florida,which includes an engineering evaluation and recommendations for supporting
the structure.The geotechnical report shall include the following minimum information:
1. The requirements of Section 1803.6(Florida Building Code,Building)shall be satisfied.
2. Resistance of the foundation system shall be no less than the governing structural design loads.The
design loading for the building or structure which is to be supported by the foundation system,as
provided by the engineer of record,shall be included as an attachment.
3. A site-specific scour analysis using equations for contraction scour which considers any proposed fill
material and final ground elevation upon project completion.An estimated depth of scour shall be
provided for each isolated support.For a design considering a full scour condition in the absence of the
site-specific analysis,the construction documents shall include a statement that the design has been
completed and certified for a full scour condition for lateral stability to the elevation of the supporting
rock and in accordance with ASCE 24.
4. A certified survey of the subject property which include,but not limited to,the following information:
a. Legal description of the property.
b. The property owner's name.
C. All vertical data specified on the survey shall be referenced to NAVD 88
d. The location of the property in relation to bordering roads and streets.
e. Property boundaries and rights-of-way.
f. The proposed location of the foundation elements.
5. A site plan,which includes a physical feature or reference survey marker indicated on the certified
survey,indicating the location,configurations,and minimum depths of foundation elements,and
proposed grades.Locations of fill material shall be clearly delineated.
created: 2025-07-21 08:27:18[EST]
(Supp.No.31,Update 1)
Page 5 of 7
7538
The geotechnical report shall be provided to the County for their records.A cover sheet shall be provided,
attached to the report submittal,which includes or explicitly references the above items.This report shall
consider local scour and all applicable design loads as outlined in the Florida Building Code.Pile embedment
shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the
piling and have soil and/or rock anchored resistance to resist the design combined wave and wind loads
(lateral and uplift).
(c) Modify Sections 322.3.3 and 322.3.6 as follows:
R322.3.3 Foundations.
Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be supported on pilings or
columns and shall be adequately anchored to such pilings or columns.The space below the elevated building shall
be either free of obstruction or,if enclosed with walls,the walls shall meet the requirements of Section R322.3.5.
Pilings shall have adequate soil penetrations to resist the combined wave and wind loads(lateral and uplift).
Water-loading values used shall be those associated with the design flood.Wind-loading values shall be those
required by this code.Pile embedment shall include consideration of decreased resistance capacity caused by
scour of soil strata surrounding the piling.Pile systems design and installation shall be certified in accordance with
Section R322.3.9.A foundation design shall be in accordance with Section R322.2.3.1 or R322.2.3.2.The design and
construction of foundations located in coastal high hazard areas,including Coastal A zones,shall be in accordable
with Chapter 5 of ASCE 7 and with ASCE 24.
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,dojo lkkig taf vaek7i I ss d)Hi dkig ra 7ge.,,
(Ord.No.027-2022,§2)
Sec.6-149.Florida Building Code,Existing Building Technical Amendments.
(a) Modify Section 503.2 as follows:
[BS]503.2 Flood hazard areas.
For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida Building Code,
Building,or Section R322 of the Florida Building Code,Residential,as applicable,any alteration that constitutes
substantial improvement of the existing structure shall comply with the flood design requirements for new
construction,and all aspects of the existing structure shall be brought into compliance with the requirements for
new construction for flood design.
For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida Building Code,
Building,or Section R322 of the Florida Building Code,Residential,as applicable,any alterations that do not
constitute substantial improvement of the existing structure are not required to comply with the flood design
requirements for new construction,except any exterior replacement mechanical,plumbing and electrical systems,
equipment and components shall be required to be located at or above the base flood elevation identified on the
FIRM that was effective when the building was originally permitted.If the lowest floor of an existing building is
located below the base flood elevation identified on the FIRM that was effective when the building originally
permitted,the replacement mechanical,plumbing and electrical systems,equipment and components shall be
located to or above the lowest floor elevation of the building.
(b) Modify Section 701.3 as follows:
[BS]701.3 Flood Hazard Areas.
In flood hazard areas,alterations that constitute substantial improvement shall require that the building comply
with Section 1612 of the Florida Building Code,Building,or Section R322 of the Florida Building Code,Residential,
as applicable.Alterations that do not constitute substantial improvement shall be required to have any exterior
created: 2025-07-21 08:27:18[EST]
(Supp.No.31,Update 1)
Page 6 of 7
7539
replacement mechanical,plumbing and electrical systems,equipment and components located at or above the
base flood elevation identified on the FIRM that was effective when the building was originally permitted.If the
lowest floor of an existing building is located below the base flood elevation identified on the FIRM that was
effective when the building originally permitted,the replacement mechanical,plumbing and electrical systems,
equipment and components shall be located to or above the lowest floor elevation of the building.
(Ord.No.027-2022,§2)
Secs.6-150-6-197.Reserved.
created: 2025-07-21 08:27:18[EST]
(Supp.No.31,Update 1)
Page 7 of 7
7540
Resolution No. 166 - 2025
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RESCINDING EXHIBIT 1 OF RESOLUTION NO. 193-2014,
ELIMINATING THE IMPLEMENTATION PLAN FOR THE
MONROE COUNTY FLOOD INSPECTION AND
COMPLIANCE PROGRAM, DIRECTING STAFF TO
PREPARE AMENDMENTS TO THE MONROE COUNTY
CODE OF ORDINANCES AND LAND DEVELOPMENT CODE
TO ELIMINATE THE SIZE RESTRICTION OF 299 SQUARE
FEET FOR ENCLOSED AREAS BELOW ELEVATED
BUILDINGS, TO ELIMINATE THE REQUIRED INSPECTIONS
OF ENCLOSED AREAS BELOW ELEVATED RESIDENTIAL
STRUCTURES PRIOR TO THE TRANSFER OF
OWNERSHIP, TO ELIMINATE THE FLOODPLAIN
CERTIFICATE OF COMPLIANCE PROGRAM AND TO
ELIMINATE ANY OTHER CODE PROVISIONS RELATED TO
EXHIBIT 1 OF RESOLUTION NO. 193-2014, AND
APPROVAL TO ADVERTISE THOSE AMENDMENTS.
WHEREAS, the Board of County Commissioners (BOCC) adopted Resolution No.
080-2002 on February 13, 2002, committing to implement an "Inspection Procedure" to
identify and reduce potential damage to noncompliant buildings and financial exposure to
the National Flood Insurance Program (NFIP), and to ensure Monroe County remained
eligible for the Federal Emergency Management Floodplain Management Program; and
WHEREAS, the BOCC adopted Resolution No. 115-2002 on March 20, 20027
adopting the first iteration of the "Implementation Plan for Monroe County Flood Insurance
Inspection and Compliance Program" (Implementation Plan), commonly referred to as the
"remedial plan" (Exhibit 1 to Resolution No. 115-2002); and
WHEREAS, the Implementation Plan was amended by Resolution No. 187-2002
on April 17, 20027 by Resolution No. 152-2003 on April 16, 2003, and by Resolution 440-
2011 on December 14, 2011; and
WHEREAS, the BOCC adopted the most recent amendment of the
Implementation Plan via Resolution No. 193-2014 on August 20, 2014, which included
five (5) "actions to ensure no new additional illegal structures:" Inspection on Transfer of
Ownership Program; Limited Square Footage below Base Flood Elevation (Maximum of
299 square feet); Chapter 122 Land Development Code Floodplain Regulations, as may
be amended from time to time to maintain consistency with FEMA Federal Regulations
and State of Florida Building Regulations; Certificate of Compliance Program; Inadvertent
observation of illegal structures below base flood elevation; and
7541
WHEREAS, Monroe County successfully closed a series of Community
Assistance Visits (CAVs) in November 2015 and was invited to join the NFIP Community
Rating System (CRS). Since entering the CRS program at a Class 6 rating in 2016,
Monroe County has worked to improve its rating, achieving a Class 3 rating in 2022, which
the County has maintained since; and
WHEREAS, Monroe County received favorable outcomes from CAVs in 2016 and
2022; and
WHEREAS, the BOCC, pursuant to its legislative authority under Article VIII,
Section 1 of the Florida Constitution and Chapter 125, Florida Statutes, enacted
Ordinance 026-2022 on November 15, 2022, updating Monroe County's floodplain
management chapter to be consistent with the State Floodplain Management Office's
Model Floodplain Management Ordinance; and
WHEREAS, as enacted via Ordinance 026-2022, Monroe County now requires
nonconversion agreements for enclosed areas below elevated buildings (See Monroe
County Land Development Code (MCLDC) Sections 122-11(d)(8)7 (i), and 122-25(b)(4));
and
WHEREAS, the required nonconversion agreements have proven to be more
effective than the actions required under the 2014 Implementation Plan; and
WHEREAS, on March 26, 2025, County staff met with representatives for FEMA
in Atlanta, GA, and discussed and agreed that the nonconversion agreement requirement
meets the intent of the previous requirements of the 2014 Implementation Plan; and
WHEREAS, the BOCC seeks to eliminate the size restriction for enclosed areas
and to allow enclosed areas below elevated buildings of any size for use as limited
storage, parking or building access; and
WHEREAS, the BOCC seeks to eliminate the requirement for inspections of
enclosed areas below elevated residential structures prior to the transfer of ownership;
and
WHEREAS, the BOCC seeks to eliminate the Implementation Plan in its entirety,
bringing unincorporated Monroe County in line with the municipalities within the County.
This will also include the elimination of the Floodplain Certificate of Compliance Program
and any other code provisions related to the 2014 Implementation Plan; and
WHEREAS, the BOCC maintains its commitment to enforce the County floodplain
regulations; and
WHEREAS, the BOCC understands that FEMA and the Florida Division of
Emergency Management (FDEM) will add a compliance component to review a random
sample of structures within Monroe County during the CAVs that are conducted for the
Endangered Species Act, which take place at six-month intervals; and
7542
WHEREAS, on March 28, 2025, FEMA issued a letter to Monroe County stating
its approval for the elimination of the 2014 Implementation Plan; and
WHEREAS, the BOCC directs County staff to begin the process to amend the
County's Code of Ordinances and Land Development Code to eliminate the size
restriction of enclosed areas below elevated buildings to 299 square feet, the required
inspections of enclosed areas below elevated residential structures prior to the transfer
of ownership, the Floodplain Certificate of Compliance program, and any other code
provisions related to the 2014 Implementation Plan, and grants permission to advertise
those amendments.
Now therefore, be it resolved by the Board of County Commissioners of
Monroe County, Florida that:
Section 1. The BOCC hereby rescinds Exhibit 1 of Resolution No. 193-2014 "2014
Implementation Plan for the Monroe County Flood Inspection and Compliance Program."
Section 2. The BOCC hereby eliminates the "Implementation Plan for Monroe
County Flood Insurance Inspection and Compliance Program," commonly referred to as
the "remedial plan."
Section 3. Monroe County staff is directed to prepare amendments to the Monroe
County Code of Ordinances and Land Development Code to:
1) Eliminate the size restriction of 299 square feet for enclosed areas below
elevated buildings; and
2) Eliminate the required inspections of enclosed areas below elevated residential
structures prior to the transfer of ownership.
3) Eliminate the Floodplain Certificate of Compliance Program.
4) Eliminate any other code provisions related to the 2014 Implementation Plan.
Section 4. Approval to advertise the amendments described in Section 3 is hereby
granted.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 16th day of April, 2025, held in Marathon, Florida.
Mayor James K. Scholl Yes
Mayor Pro Tem Michelle Lincoln Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes
Commissioner Holly Merrill Raschein Yes
7543
BOARD OF COUNTY COMMISSIONERS
Attes KEV/I I,MADOK, Clerk OF MONROE COUNTY, FLORIDA
Pam-^`' �.f °� � wr• 1i f 1 ��. � -
a
� yy
4 As C}e uty Clerk Mayor
Approved for form and legal sufficiency
OateI 210350�03111 583]10900n1Yflg.O
Kelly
Dugan c USU _
Kelly Dugan
Assistant Monroe County Attorney
3: .
7544
c
RESOLUTION 193-2014
A RESOLUTION AMENDING EXHIBIT 1 OF RESOLUTION NO. 440-2011
OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
APPROVING A 2014 IMPLEMENTATION PLAN FOR THE FLOOD
INSPECTION AND COMPLIANCE PROGRAM FOR SUBMITTAL TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA)
WHEREAS, the Board of County Commissioners ("BOCC") adopted Resolution No.
440-2011 on December 14, 2011, approving a revised remedial plan for submittal to the Federal
Emergency Management Administration (FEMA), to address a change made by the State of
Florida Legislature, adopted in House Bill 407; and,
WHEREAS, the "2011 Revised Implementation Plan for Monroe County Flood
Insurance Inspection and Compliance Program"was subsequently approved by FEMA; and,
WHEREAS, On May 23, 2013 FEMA notified the County of its findings from a
Community Assistance Visit(CAV)performed in late February, 2013; and,
WHEREAS, those findings indicated the Federal Pilot Inspection Procedure had
accomplished the submittal of 5,686 structures for inspection. Inspections were conducted on
2,888 downstairs enclosures of which 2,645 downstairs enclosures were found to be in
compliance and 469 downstairs enclosures were found to be not in compliance. Of the non-
compliant structures 40 were given a 1316 declaration letter, effectively terminating flood
insurance on those properties. There are 2,798 structures that still need to be inspected; of those
41 structures are currently scheduled for inspection. The County has been requested to identify
how the 2,798 structures that did not seek an inspection would be shifted to another program;
and
WHEREAS, On June 4, 2013 County staff met with FEMA officials in Washington DC
and FEMA and the County staff discussed and agreed to maintain the following 5 primary
programs under the Remedial Plan including:
1. Inspection on Transfer of Ownership (sale) Program — sellers are required to obtain
inspections prior to selling their homes so buyers are aware of any illegal
improvements;
2. Maximum of 299 square feet storage enclosure below base flood elevation will be
permitted for new construction(originally implemented by the county in 2004);
3. Certificate of Compliance Program—whereby a compliant structure can be awarded a
certificate demonstrating it is compliant based on the floodplain regulations in place
at the time it was constructed which is recorded in the County Land records to
indicate the structural improvements that are permitted at the site;
4. Existing floodplain Regulations in Chapter 122 of the Monroe County code will be
maintained or amended in the future to be compliant with Federal Regulations.
5. Inadvertent observation of illegal structures below base flood elevation in accordance
with Florida Statute 553.79 Section 17 (a).
WHEREAS, On June 13, 2013 FEMA notified the County that the Pilot Inspection
Procedure (Title 44 of the Code of Federal Regulations, Section 59.30) for Monroe County
7545
would conclude on July 1, 2013 and correspondingly requested the County continue to use all
existing compliance and code enforcement options available to them through the adopted flood
damage prevention ordinance (Chapter 122 of the Land Development Code) and the National
Flood Insurance Program (NFIP) regulations and those permitted in Florida Statutes Chapter
553.79 Section 17 (a) that limited local enforcement agencies from requiring an inspection of
any portion of a building, structure, or real property that is not directly impacted by the
construction being proposed, except and unless the proposed construction is:
1. A substantial improvement as defined in Florida Statutes Chapter 161.54 or as
defined in the Florida Building Code;
2. A change of occupancy as defined in the Florida Building Code;
3. A conversation from residential to nonresidential or mixed use pursuant to Florida
Statutes Chapter 553.507 (2) or as defined in the Florida Building Code;
4. An historic building as defined in the Florida Building Code; and
5. Any violation that is inadvertently observed in plain view during the ordinary course
of an inspection conducted in accordance with the prohibition in Florida Statutes
Chapter 553.79 Section 17a.
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. The BOCC hereby adopts Exhibit 1 attached hereto "2014 Implementation
Plan for Monroe County Flood Insurance Inspection and Compliance Program".
Section 2. The County Administrator is directed to expeditiously transmit this Resolution
and attached exhibit to the Region IV Office of FEMA.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20th day of August, 2014.
Mayor Sylvia Murphy Yes
Mayor Pro Tern Danny Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner George Neugent Yes
Commissioner David Rice Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA
BY
Mayor Sylvia Murphy
rAmy Heavilin, Clerk "ECOU
ATT
ORNEY
FODeputy Cler GR AST rroRWr
Drr
7546
EXHIBIT 1
2014 IMPLEMENTATION PLAN FOR THE MONROE COUNTY
FLOOD INSPECTION AND COMPLIANCE PROGRAM
Flood Insurance Inspection Program
Monroe County has 5 Flood Inspection Programs including:
1. Inspection on Transfer of Ownership (Sale)
2. Limited Square Footage Below Base Flood Elevation (Maximum of 299 square feet)
3. Chapter 122 Land Development Code Floodplain Regulations, as may be amended from time to time to maintain
consistency with FEMA Federal Regulations and State of Florida Building Code Regulations
4. Certificate of Compliance Program
5. Inadvertent observation of illegal structures below base flood elevation in accordance with Florida Statute 553.79
Section 17 (a)
Actions to Ensure No New Additional Illegal Structures
The County through its County Growth Management Division will implement the following actions, consistent with the
Florida Statutes, to ensure that any new conflicts between the way structures were originally permitted and with the
floodplain regulations are resolved timely:
1) InsRegtion on Transfer of Ownership Program. Maintain the existing floodplain regulations and appropriate
sections of the County Code to require that any residential structure having a downstairs enclosure with an opaque
wall covering have a County compliance inspection prior to transfer of property (sale); and to provide that such
inspections required prior to the transfer of property can be conducted, at the discretion of the property owner, by
either the County staff or a registered architect or professional engineer. [The requirement for an inspection prior to
the transfer of property does not also require that the property be brought into compliance prior to transfer or,
subsequent to transfer. The sole intent of this inspection is to provide information for recording and monitoring
improvements to downstairs enclosures subject to the County's floodplain regulations. This inspection is not intended
to be used to identify or prosecute any other unpermitted improvements that are not subject to the floodplain
regulations.]
2) Limited Square Footage Below Base Flood Elevation (Maximum of 299 square feet) — implemented in
2004. The County floodplain regulations and appropriate sections of the County Code require that any construction
that occurred after the implementation date in 2004, within unincorporated Monroe County, limit the amount of
square footage that can be used for storage to 299 square feet below base flood elevation.
3) Chapter 122 Land Development Code Floodplain Regulations, as may be amended from time to time to
maintain consistency with FEMA Federal Regulations and State of Florida Building Regulations. Maintain
the existing floodplain regulations to allow the expansion or structural alteration of the elevated portion of any
residential structure non-conforming with the floodplain regulations contingent upon the following conditions as
appropriate: a) the improvement is not substantial as defined under the floodplain regulations; b) a pre-permitting
inspection is completed by the County to document the extent of the non-conformity; and, c) if within a V zone, the
submittal of a professional engineer's or registered architect's sealed certification that the non-conforming
improvements to the downstairs enclosure do not subject the elevated portion of the structure to increases structural
damage.
4) Certificate of Compliance Program. This program has been established to provide a proactive approach to
recognizing compliant structures within the County to assist buyers in real estate transactions. The process for the
program is found below:
a. Obtaining data from the Monroe County Property Appraiser which will identify all single family residences
which contain enclosures that are identified as living area on the ground floor. Once this data is captured,
technical staff will deduct all the parcels that have already received inspections via the pilot program, transfer
of ownership program, or the previously applicable inspection on building permit program, and been made
compliant.
b. The remaining property owners will be notified via mail that an inspection is required in order to verify
compliance with the Monroe County Floodplain Ordinance.
Page 1 of 2
7547
•c. Once the owners obtain this inspection, and are compliant, they will receive a Certificate of Compliance. This
is a proactive opportunity for property owners to receive evidence that they have a compliant structure which
will create a positive market condition. If an owner has a non-compliant structure, they will be notified of all
the required corrections to the enclosure to become compliant with the permit authorizing the construction,
OR the violation will be forwarded to the Code Compliance Department for prosecution.
d. Once a property is compliant, the County will provide a non-conversion agreement (with a corresponding
drawing attached) to be signed by the property owner and recorded by the county in the County land records
so buyers of properties understand what has been approved for areas below base flood elevation.
e. This non-conversion agreement will provide protection to future buyers through title work. Every two years
an updated potential ground floor enclosure list will be reviewed, and any changes to the Property Record that
indicate illegal construction below base flood elevation will go through the inspection process outlined above
again.
f. The County may also consider obtaining a list of all properties that have transferred ownership and any such
property that failed to obtain the required inspection will be contacted for inspection.
g. New construction that contains any type of below base flood elevation enclosure, will be required to record a
"Notice of Non-Conversion to the property,which should alleviate this problem in the future.
h. Conduct required inspections of downstairs enclosures as stipulated in Actions #1 - #3 above.
i. Continue to vigorously pursue code enforcement action for violation of the County floodplain regulations, for
properties developed after the Flood Insurance Rate Maps were implemented, through code enforcement and
the normal permitting process, including prosecution of owners of structures, where property tax records
and/or evidence from inspections provide probable cause of a violation.
j. Request that FEMA provide the County with a "Submit to Rate" for any applications for new flood insurance
policies on previously uninsured properties with a possible violation, so that the County may pursue
compliance under code enforcement proceedings, or through a Section 1316 declaration.
k. Maintain existing floodplain regulations to only allow enclosing with opaque materials of downstairs enclosures
of 299 square feet or less in area.
I. Request the Monroe County Appraiser to provide the County Growth Management Division with an annual
update by residential property owner from the County property tax records of the changes in the habitable
floor area of downstairs enclosures, if feasible and practical.
m. Identify and compile for Monroe County's flood insurance inspection and compliance program a list of all
structures that fail to come into compliance and submit a quarterly progress report to FEMA beginning July,
2003.
n. Evaluate Monroe County's Flood Insurance Inspections and Compliance Program by July 1, 2012, and if
necessary, develop and implement further remedial actions with FEMA's approval, to ensure enforcement of
the County's floodplain regulations.
5) Inadvertent observation of illegal structures below base flood elevation - Florida Statute 553.79 Section 17
(a)that limited local enforcement agencies from requiring an inspection of any portion of a building, structure, or real
property that is not directly impacted by the construction being proposed, except and unless the proposed
construction is:
1. A substantial improvement as defined in Florida Statute 161.54 or as defined in the Florida Building Code;
2. A change of occupancy as defined in the Florida Building Code;
3. A conversion from residential to nonresidential or mixed use pursuant to Florida Statute 553.507 (2) or as
defined in the Florida Building Code;
4. An historic building as defined in the Florida Building Code.
Any violation that is inadvertently observed in plain view during the ordinary course of an inspection conducted in
accordance with the prohibition in Section 17 of F.S. 553.79 may be issued a notice of violation for an illegal
improvement.
The County Growth Management Division staff has the sufficient resources to implement the above program.
Page 2 of 2
7548
SECOND RENEWAL TO
MONROE COUNTY CONTRACT FOR WORKER'S COMPENSATION THIRD PARTY CLAIMS
ADMINISTRATION SERVICES
This Second Renewal(this"Renewal"), is entered into by and between Relation Insurance
Services of Florida, Inc. ("Relation"), and Monroe County Board of County Commissioners
("County").
BACKGROUND
Relation and the County are parties to a Contract for Worker's Compensation Third
Party Claims Administration Services (the"Contract") dated September 21, 2021, under
which Relation provides Worker's Compensation Administration Services to the County;
and
The parties desire to renew the contract in accordance with Section 3.1 of the
Contract; and
Pursuant to the terms of Section 3.1 the Contract is renewable at the County's
option for two (2) additional consecutive one year terms. The date of the expiration of the
initial term (September 21, 2024).
The Effective Date of the First Renewal was September 22, 2024.
The Effective date of this Renewal shall be September 22, 2025.
All other terms and provisions of the Contract not modified by this renewal, or any
other amendments or addenda, shall remain unchanged.
IN WITNESS WHEREOF, Relation and the County have executed this Renewal as of
the effective date above.
For Relation: Monroe County Board of Commissioners
DocuSigned by:
By. ETC58383F4U By.
TimothyJ. Hall Mayor/Chairman
Title: CEO
Date:7/31/2025 Date:
7549
7550
FIRST RENEWAL TO
MONROE COUNTY CONTRACT FOR WORKER'S COMPENSATION THIRD PARTY CLAIMS
ADMINISTRATION SERVICES
This First Renewal(this"Renewal"), is entered into by and between Relation Insurance
Services of Florida, Inc. ("Relation"), and Monroe County Board of County Commissioners
("County").
BACKGROUND
Relation and the County are parties to a Contract for Worker's Compensation Third
Party Claims Administration Services (the"Contract") dated September 21, 2021, under
which Relation provides Worker's Compensation Administration Services to the County;
and
The parties desire to renew the contract in accordance with Section 3.1 of the
Contract; and
Pursuant to the terms of Section 3.1 the Contract shall be renewed for one year from
the date of the expiration of the initial term (September 21, 2024).
The Effective Date of this Renewal shall be September 22, 2024.
All other terms and provisions of the Contract not modified by this renewal, or any
other amendments or addenda, shall remain unchanged.
IN WITNESS WHEREOF, Relation and the County have executed this Renewal as of
the effective date above.
For Relation: Monroe County Board of Commissioners
F
ocuSigned by:
By: 989E10585841`40k.. By:
Timothy J. Hall Mayor/Chairman
Title: CEO
Date: 8/19/2024
Date:
Approved as to form and legal sufficiency:
Monroe CountyAttorney's Office
by
Date: An elica Harden-Digitally signed
_ � Anjelica Harden-l-Ivanoski
Ivanoski Date:2024.08.15
August 15, 2024 11:33:58-04'00'
7551