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Home My WebLink AboutOrdinance 001-2026 ORDINANCE NO. 001 - 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 TEMPORARY USES ON CONSERVATION LAND UNDER A LICENSE AGREEMENT AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS; 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 4/5 th :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, ' : : : . .: i Florida, through emergency.enactment procedures authorized:by:F.S. 1125.66(4), on the' 28th day . ' of January, 2026: : ' • M M' h Li : 'ayor. . .is elleLincoln ' .: : : Yes . : Mayor Pro.Team'David.:Rice : . . .Yes . : : : :' - :Commissioner Ciaig Cates': . ' .Yes . • . . . - Commissioner.James Scholl . : -Yes. . . - : i ' . . � � i s'oHollyrri11 R ch i ' .. . • .. . . Comm .s.i. ner Me as 'e'n., ,' '.Yes . . SE . .,+;,F' y�(S SAL) �t : BOARD OF:COUNTY COMMISSIONERS ' •t>ro y'`- �: ::.Attests KKE'�`'.IN MA— DOK:.-:..i.::i4i i''''-'1..,,,•,,,,,, . i ,c),,,..._ ,-,...;,,,,,,,,k, : • • •- ,.-'Clerk : ' OF MONROE COUNTY,FLORIDA: . '' . : ••• yo Lu ) \t'A t ^ Ci i ` o_ t ' .9 ' a`f`rl.f t` '' 1 1 :4+,,t:".,,,Y,..;5'52-:::53:•1..111:i.E.'":, .. . ./ J,Ir) r )'/.1p--. • : . : 1' iii t4i1' 11 1 1 r. • 1 1 .. :.: 1 . : ••• . 1. : : � � � -:, • eputy Clerk Michelle:Lincoln, Mayor • .. . proTc ed a t6 leg��l:f� .: i &i�:ev� • . ': . • ' . 1 • . . n i-Lee MacL g Digitally signed by Jeni Lee .:�.;,. MacLau hlm. • L�:��.. ti-,. .. S 0 . Je au hlin:�� g . Date:2026.01.29 09:14:9-OS'0'-• � ' . -- . . ;J -Lee cLf �i l ' w .. ". ._.. • • Monroe' count . sista a: ietwo tbi tome- • • ' `.y, t GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN January 29, 2026 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is a copy of Emergency Ordinance 001-2026 by the Monroe County Board of County Commissioners amending Section 2-426 of the Monroe County Code of Ordinances, Monroe County Conservation Lands to allow temporary uses on conservation land under a License Agreement and approved by the Board of County Commissioners; and providing for severability and an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on January 28, 2026. Should you have any questions please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners by: Liz Yongue, Deputy Clerk cc: County Administrator County Attorney MuniCode BOCC File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 FLORIDA DEPARTMENT Of$ ATE u 7i RON DESANTIS CORD BYRD Governor Secretary of State January 29, 2026 Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Dear Kevin Madok, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 001-2026, which was filed in this office on January 29, 2026. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270