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Home My WebLink AboutItem V3 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Tuesday, January 27, 2026 2:22 PM To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Senior Management Team and Aides; Liz Yongue; InternalAudit; Agenda Item Review Team Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch- Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena; Powell-Barbara; Morey-Brynn Subject: ADD-ON Item V3 01/28/2026 BOCC Meeting Attachments: AIS 0328.docx; Emergency Ordinance Bad Monkey_lgl appvd.pdf Good afternoon, Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda: "Approval of an Emergency Ordinance Allowing Temporary Use of County Conservation land for temporary use of designated parcels as approved by the Board." The Agenda Item Summary is attached.Once approved,this will be considered Add On Item V3. Sincerely, )V,rrystaC crontez Executive Administrator Monroe County Administrator's Office 1100 Simonton Street,Suite 2-20S Key West, FL 33040 Office:30S-292-4441 Cell:30S-8SO-8694 Courier Stop#1 Notary Public www.ri"ioriroeco�,,iirity.-fu..gov gorriez..kry:st,, 1.@ri"ioriroeco�,,iirity..-fl..gov ,.airity..fl.gov PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE ! Mayor Michelle Lincoln,District 2 The Florida Keys m Mayor Pro Tem David Rice,District 4 Craig Cates,District 1 James K. Scholl,District 3 Holly Merrill Raschein,District 5 Regular Meeting January 28, 2026 Agenda Item Number: {{section.number}}{{item.number}} 26-0328 BULK ITEM: No DEPARTMENT: Administration TIME APPROXIMATE: 10:00 A.M. STAFF CONTACT: AGENDA ITEM WORDING: Approval of an Emergency Ordinance Allowing Temporary Use of County Conservation land for temporary use of designated parcels as approved by the Board. ITEM BACKGROUND: Consideration of an Emergency Ordinance permitting the temporary use of County-owned conservation land for temporary uses the Board does not believe will impact protected habitat or species. This is being done as an emergency to accommodate film production activities associated with Bad Monkey, due to time-sensitive production scheduling requirements, contingent upon execution of a License Agreement. PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION DOCUMENTATION: FINANCIAL IMPACT: ORDINANCE NO. -2026 AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 2-426 OF THE MONROE COUNTY CODE OF ORDINANCES,MONROE COUNTY CONSERVATION LANDS TO ALLOW CONSERVATION LAND USE FOR THE PRODUCTION OF FILM UNTIL APRIL 1ST, 2026; AND PROVIDING FOR SEVERABIILTY AND AN EFFECTIVE DATE. WHEREAS, under F.S. 125.01(1)0) the Board of County Commissioners for Monroe County (BOCC) is granted the authority, among others, to establish and administer programs of conservation; and WHEREAS, Section 2-426(2) of the Monroe County Code of Ordinances establishes that lands designated as Monroe County Conservation Lands shall be preserved in perpetuity and shall not be considered or used for any other purpose; and WHEREAS, Monroe County acquired 1445 Long Beach Dr., Big Pine Key, Florida 33043, through the Voluntary Home Buyout program, which includes a restrictive covenant limiting the land to be used for open space, storm water improvements or to conserve natural floodplain functions; for the benefit of the community and the County; and WHEREAS,because of the sensitive assemblage of habitats and listed species on Big Pine Key, the County designated this property as Conservation Land through BOCC action; and WHEREAS,Proximity Productions LLC,produced the TV series, "Bad Monkey",which previously utilized the Florida Keys as a destination for filming, which brings positive attention to the Florida Keys and is considered a good way to attract tourists and now requests use of the above conservation land for use in the filming of"Bad Monkey" Season Two; and WHEREAS, the staging for the season two of"Bad Monkey" is projected to start once BOCC approval is provided and filming is expected to be completed by March 1, 2026; and WHEREAS, there may be other instances where conservation land may be useful on a temporary basis when no harm will come to the native plants and animal species that utilize the site; and WHEREAS, the BOCC finds that the above-recited circumstances and confluence of events constitutes an emergency for purposes of enacting an emergency ordinance pursuant to its authority under F.S. 125.66(4); and WHEREAS, under F.S. 125.66(4) the BOCC is authorized to dispense with the normal notice requirements before considering an ordinance at a public hearing provided that 4/5ths of the membership of the entire commission declares that an emergency exists and votes in favor of adopting the emergency ordinance; and WHEREAS, it is the intent of the BOCC to immediately amend the code, to allow for temporary film production ending April 1, 2026; and WHEREAS,the film production of"Bad Monkey"will generate promotion of the Florida Keys as a travel destination and generate revenue for local businesses both during filming and with future tourism; and WHEREAS, without proceeding through this emergency enactment process, the production of"Bad Monkey"will be delayed or moved to another location, outside of the Florida Keys; and WHEREAS,the BOCC does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than a four-fifths vote of the BOCC does hereby waive notice of intent to consider this Ordinance; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent pertaining to this Ordinance. SECTION 2: EMERGENCY ENACTMENT. Pursuant to State law and based on the legislative findings set forth herein, it is declared that an emergency exists requiring immediate action by the BOCC. SECTION 3: EXEMPTIONS. Section 2-426(2) of the Monroe County Code of Ordinances is hereby amended to add subsection (i) which shall read as follows: (i) Exemptions. The Board of County Commissioners may allow the use of conservation lands for temporary uses that do not impact the native plants or species by license agreement to be approved by the Board prior to use. Such use shall be limited in time and the site, if damaged, shall be fully restored by the user. SECTION 4: SEVERABILITY. If any portion of this Ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person,property or circumstances, such holding shall not affect its applicability to any other person,property or circumstances. SECTION 5: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6: FILING: Pursuant to F.S. 125.66(4), the Clerk is directed to transmit by email a certified copy of this Ordinance to the Florida Department of State as soon after enactment as is practicable and to the Municipal Code Corporation for publication. SECTION 7: EFFECTIVE DATE. To the maximum extent possible allowed by law, this Ordinance shall become effective immediately upon adoption by a 4/51h vote of the entire commission, subject to any requirements of F.S. 125.66(4). PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, through emergency enactment procedures authorized by F.S. 125.66(4), on the 281h day of January, 2026. Mayor Michelle Lincoln Mayor Pro Tem David Rice Commissioner Craig Cates Commissioner James Scholl Commissioner Holly Merrill Raschein (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Michelle Lincoln, Mayor Appfm7e as to le �1 f rni r< suffrcienucy: Jeni-Lee Digitally signed by leni-Lee MacLaughlin MacLaughlin Date:2026.01.2710:05:03-os'oo' Ji-Lee MacLuuglih�ai. Niom we County.kssistair[C.oiu ity Attorney