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HomeMy WebLinkAboutItem J4 J4 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 December 10, 2025 Agenda Item Number: J4 2023-4895 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: Discussion and Direction Regarding a Potential State of Florida Administration Commission Agenda Item on the December 17, 2025, Meeting of the Florida Governor and Cabinet (Florida Attorney General, Chief Financial Officer, and Commissioner of Agriculture) Relating to State Administration Commission Approval of the Up To 900 Additional ROGO Allocations Approved by the Governor and Legislature To Be Distributed in the Florida Keys Area Based Upon the Proportion of Vacant Buildable Parcels in Each Jurisdiction as Provided by Section 22., Chapter 2025-190, Laws of Florida (a/k/a Senate Bill 180). ITEM BACKGROUND: The Governor and Legislature enacted Senate Bill 180 (Chapter 2025-190, Laws of Florida) in the 2025 legislative session and included an increase in the required hurricane evacuation clearance time from 24 hours to 24.5 hours, and allowed up to 900 additional ROGO allocations Keys-wide to be distributed based on the proportion of vacant buildable parcels in each jurisdiction. SB 180, Section 22.: The Department of Commerce shall conduct baseline modeling scenarios and gather data in order to determine a number of building permit allocations to be distributed in the Florida Keys Area based upon the hurricane evacuation clearance time provided in s. 380.0552(9)(a), Florida Statutes, as amended by this act. The permit allocations must be distributed to counties and municipalities based on the number of vacant buildable lots within each jurisdiction. The permit allocations must be distributed over a period of at least 10 years but may not exceed 900 total permit allocations. All permits must be issued for vacant, buildable parcels, of which only one may be awarded for any individual parcel, and the distribution of which must prioritize allocations for owner-occupied residences, affordable housing, and workforce housing. As directed by the Board, professional staff have been working on draft amendments to the County's Comprehensive Plan that would both redistribute a portion of Monroe County's Administrative Relief allocations (as was requested last year by the Governor's Office and the executive branch Florida Department of Commerce), and to distribute Monroe County's share of the 900 new ROGO allocations from SB 180 according to the parameters set within the legislation(prioritizing workforce housing, limit 1352 of one allocation per buildable parcel, minimum 10-year distribution period). In June, County professional staff met with the Florida Department of Commerce to request confirmation that Monroe County's share of the 900 allocations is 588, based on each jurisdiction's reported vacant parcel numbers, and confirmation that the County may proceed with the proposed Comprehensive Plan amendment. At that time, the Florida Department of Commerce stated that they were still processing the evacuation modeling update required by SB 180 and looking into the options for distribution of the units. On October 1, County professional staff attended meetings with the Florida Department of Commerce and with the Governor's Office in Tallahassee to follow up on that earlier conversation. County professional staff stressed the urgency of the matter, due to the minimum amount of time needed to process a Comprehensive Plan amendment, and the need for the amendment to be completed prior to July 12, 2026, at which time the County will not have any more ROGO allocations to award to permit applicants without a Comprehensive Plan Amendment. At that time, the Florida Department of Commerce did confirm that they have now completed the required hurricane evacuation modeling, which does show that 900 allocations will "fit" within the new 24.5 clearance time. They also confirmed that the inputs to the hurricane evacuation model utilized the same vacant parcel numbers reported by each jurisdiction to distribute the 900 allocations among the jurisdictions. However, County professional staff did not receive clear direction from Florida Department of Commerce, nor the Governor's Office, on whether proceeding with a Comprehensive Plan amendment to include 588 new permit allocations in the County's ROGO system is the more advisable action at this time to "accept" the County share of the 900 new allocations. The Florida Department of Commerce and the Governor's Office both indicated the requirement to go to the Administration Commission for approval of any new allocations. They also mentioned they may seek rule-making, which could take one to two years. On October 15, 2025, at their regular meeting, the Board directed County professional staff to proceed with the required Comprehensive Plan amendments with two options: 1) distribute a portion of Monroe County's Administrative Relief allocations to extend ROGO for one additional year; or 2) distribute a portion of Monroe County's Administrative Relief allocations AND distribute Monroe County's share of the 900 new ROGO allocations from SB 180 according to the parameters of SB 180, and including a new market rate workforce category of housing. County professional staff are moving both options through the public process for Comprehensive Plan amendments and, as directed, will bring the items to the Board for consideration after March 2026 when the 2026 legislative session has concluded. County professional staff are still awaiting clear direction from the State on whether a Comprehensive Plan amendment to include 588 new permit allocations in the County's ROGO system is the more advisable action at this time to "accept" the County's share of the 900 new allocations. There is a possibility that the State will include an item on the Administration Commission agenda at the next meeting of the Governor and Cabinet - December 17, 2025. County professional staff are seeking direction from the Board on any steps to be taken in anticipation of such potential agenda item. PREVIOUS RELEVANT BOCC ACTION: 1353 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: DOCUMENTATION: Chapter 2025-190 Laws of Florida - Section 22.pdf FINANCIAL IMPACT: N/A 1354 Can. 2025-190 LAWS OF FLORIDA Ch. 025-190 Section 22. The Department of Commerce shall conduct baseline mmmodelin scenarios a�ather data in order to determine a number of building permit allocations to be distributed in the Florida Keys Area based upon the hurricane evacuation clearance time provided in s. 3 0.0552(9)(a), Florida. Statutes, as amended by this act. The permit allocations must be distributed to counties and municipalities lased on the number of vacant buildable lots within each jurisdiction. The permit allocations must be distributed over a, period of at least 10 years but .may not exceed 900 total permmit allocations. All permits must be issued for vacant, buildable arcels, of which only one may be awarded for any individual parcel, and the distribution of which....:must....prioritizeallocations, .. for....owner occ:u;p1ed:....re i.... dpncps, affordable hom ding, and workforce housing, 1355