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HomeMy WebLinkAboutItem F01COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting March 11, 2026 Agenda Item Number: F1 26-0621 BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land Management TIME APPROXIMATE: N/A STAFF CONTACT: Cynthia Guerra AGENDA ITEM WORDING: Approval to Advertise a Public Hearing to consider amending Sections 2-426(l) and 2-426(2) of the Monroe County Code of Ordinances, related to Protection of Conservation Lands. ITEM BACKGROUND: In 2023, the Board of County Commissioners (BOCC) created the Monroe County Conservation Lands Ordinance which established a definition of "Monroe County Conservation Lands;" defined the role of the County Land Stewardship Program in the management of said lands; and created a process to add county -owned properties to the inventory of Monroe County Conservation Lands. Section 2-426 Paragraph (2) of the Ordinance states: "Lands designated Monroe County Conservation Lands shall be preserved in perpetuity and shall not be considered or used for any other purpose. Nothing herein prohibits the Land Steward from removing invasive exotics or performing other restoration work." Therefore, Paragraph (2) of the existing Ordinance currently prohibits any use inconsistent with preservation. At its January 28, 2026, meeting the BOCC passed an Emergency Ordinance amending Article VII of Chapter 2, Division 4, "Monroe County Conservation Lands Ordinance." The Emergency Ordinance authorizes temporary uses of conservation lands under the condition that said uses do not damage any native plants or species. Additionally, the Emergency Ordinance requires any temporary use must be further authorized through a license agreement approved by the BOCC. The new language in the Emergency Ordinance did not contemplate Monroe County Land Development Code requirements or that some license agreements must be authorized by the Land Authority Governing Board. Additionally, occasionally, extreme circumstances arise which necessitate a decision on whether land designated as Conservation Land under the Ordinance can be used for another permanent use with a public purpose of paramount importance. If adopted, the proposed ordinance will further amend the Monroe County Code of Ordinances by amending Chapter 2, "Administration," Article VII, "Land Acquisition and Disposition (Resale) Program," Division 4, "Monroe County Conservation Lands," to: • amend the temporary use section to provide clarification and consistency with the other proposed amendments, and • allow consideration of permanent use of designated Conservation Land. Under the proposed amendments, in order for the BOCC or Land Authority to process a license to authorize a permanent use beyond conservation or restoration activities, the BOCC must make a finding by extraordinary vote in a public meeting that the parcel is the only parcel available to serve that paramount public purpose. The BOCC shall consider the following factors in making its decision: 1) The amount of time the parcel has been designated conservation and the amount of funds expended from the County's Environmental Land Management and Restoration Fund for the management of the subject parcel; 2) Whether State or Federal funds have been used for the management of the subject parcel and whether use of such funds included any limitations on the use of the subject parcel; and 3) Whether State or Federal funds were used to acquire the subject parcel and whether use of such funds included any limitation on the use of the subject parcel; and 4) Whether there are any other recorded documents such as deed restrictions or conservation easements which may prohibit or limit any use of the property. The BOCC must make a finding granting an exemption to Paragraph (2) by super majority vote in a public meeting prior to either the BOCC or Land Authority Governing Board granting any license agreement, easement, or any other authorization for any use other than conservation. Any exemption granted by the BOCC will be subject to the following conditions: 1) Destruction and degradation of natural resources that result in adverse impacts to native habitats, native plants and native species shall be avoided to the maximum extent practicable. 2) Unavoidable impacts to native habitats, native plants and native species shall be minimized and confined to the maximum extent practicable. 3) Unavoidable impacts to native habitats, native plants and native species will require mitigation consistent with the Monroe County Land Development Code, and other local, state and federal regulations, as applicable. County Staff seeks Approval to Advertise a Notice of Intent to Consider Adoption of County Ordinance consistent with the requirements set forth in Section 125.66, Fla. Stat. PREVIOUS RELEVANT BOCC ACTION: On May 17, 2023, the Board adopted Ordinance 008-2023 (Sections 2-424 through 2-427.5 of the Monroe County Code of Ordinances "Monroe County Conservation Lands"). On January 28, 2026, the Board adopted Ordinance 001-2026 Amending Section 2-426 of the Monroe County Code of Ordinances to allow Temporary Uses on Conservation Land under a License Agreement. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Monroe County Ordinance Ch. 2 Art. VII Div. 4 CONSERVATION LANDS.pdf Monroe County Ordinance 001-2026.pdf Conservation Land Ordinance Amendment FINAL 3.11.2026.pdf FINANCIAL IMPACT: N/A Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: 10/27/25, 9:20 AM Monroe County, FL Code of Ordinances DIVISION 4. - MONROE COUNTY CONSERVATION LANDS Footnotes: --- (12) --- Editor's note— Ord. No. 008-2023, § 1, adopted May 17, 2023, set out provisions intended for use as §§ 2-428-2-432. For purposes of classification, these provisions have been included as 4-424-4-427.5. Sec. 2-424. - Title. This article may be referred to as the Monroe County Conservation Lands Ordinance. (Ord. No. 008-2023, § 1) Sec. 2-425. - Purpose. This article is adopted for the purpose of establishing a definition of Monroe County Conservation Lands, to define the role of the County Land Stewardship Program in the management of said lands, and to create a process to add County -owned properties to the inventory of Monroe County Conservation Lands. Monroe County Conservation Lands and State-owned Conservation Lands that are managed by the County shall be managed by the County's Land Stewardship Program with funding provided by the Monroe County Environmental Land Management and Restoration Fund (Environmental Restoration Fund or Fund 160). (Ord. No. 008-2023, § 1) Sec. 2-426. - Protection of conservation lands. (1) Definitions. a. "Monroe County Conservation Lands" are defined as properties that are managed by the County for the purpose of conservation and include: (i) Properties that were purchased by the Monroe County Comprehensive Plan Land Authority for conservation purposes; (ii) Properties owned by the Board of County Commissioners that have been acquired through the Rate of Growth Ordinance (ROGI) land dedication process for conservation purposes; (iii) Properties owned by the Board of County Commissioners that have been dedicated for conservation through the Transferable Development Rights procedure; (iv) Properties acquired by the County utilizing grant funding where the terms of the grant require long-term conservation of the property; and (v) about:blank 1/3 10/27/25, 9:20 AM Monroe County, FL Code of Ordinances Properties owned by the Board of County Commissioners (BOCC) that have been designated as conservation. b. "State-owned Conservation Lands that are managed by the County" are those properties owned by the State of Florida for which the County is the designated land manager through a management lease with the State of Florida. (2) Lands designated Monroe County Conservation Lands shall be preserved in perpetuity and shall not be considered or used for any other purpose. Nothing herein prohibits the Land Steward from removing invasive exotics or performing other restoration work. (Ord. No. 008-2023, § 1) Sec. 2-427. - Same - Inventory of properties considered as Monroe County Conservation Lands. The BOCC shall ratify, by resolution, an inventory of Monroe County Conservation Lands. The inventory shall be maintained by the County Land Steward and the Clerk. Properties included in the inventory shall be under the management of the Land Stewardship Program utilizing funding from the Environmental Restoration Fund (Fund 160) in accordance with Resolution 14-2022, or subsequent amendments to said Resolution. (Ord. No. 008-2023, § 1) Sec. 2-427.5. - Same - Additions to inventory of Monroe County Conservation Lands. (1) For land management purposes, the following properties shall be immediately considered Monroe County Conservation Lands upon acquisition by the County: (a) Properties that were purchased by the Monroe County Comprehensive Plan Land Authority for conservation purposes; and (b) Properties owned by the Board of County Commissioners that have been acquired through the Rate of Growth Ordinance (ROGO) land dedication process for conservation purposes; and (c) Properties owned by the Board of County Commissioners that have been dedicated for conservation through the Transferable Development Rights procedure; and (d) Properties acquired by the County utilizing grant funding where the terms of the grant require long-term conservation of the property. (2) Other BOCC-owned properties not included in (1) above, may be added to the inventory of Monroe County Conservation Lands at anytime by resolution of the Board. (3) The inventory of Monroe County Conservation Lands shall be updated annually by ratification by the BOCC in order to reflect the status of newly acquired properties previously designated throughout the year. about:blank 2/3 10/27/25, 9:20 AM (Ord. No. 008-2023, § 1) Monroe County, FL Code of Ordinances about:blank 3/3 �cou �GJS COURTS 00A Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida LROE COVNSy 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 Tongue, DepuoJ 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 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. 1.25.66(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 � �• � �•r= r r�� •r �r � SECTION l: 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. 1.25.66(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�h 'vote of the entire 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. -2026 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING THE COUNTY'S CODE OF ORDINANCES, BY AMENDING SECTIONS 2-426(1) AND 2-426(2) OF THE MONROE COUNTY CODE OF ORDINANCES, MONROE COUNTY CONSERVATION LANDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR TRANSMITTAL AND AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes that the work of ordinance codification is an ongoing process that requires a continuing effort by various County officials and staff, and it is the goal of the BOCC to ensure that the Monroe County Code of Ordinances is kept current and of maximum use and clarity; and WHEREAS, the Legislature of the State of Florida has, in Chapter 125, "County Government," of the Florida Statutes, conferred upon local governments the authority to adopt laws and regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, pursuant to Article VI11 of the Florida Constitution and Section 125.66, Florida Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County's citizens; and WHEREAS, under F.S. 125.01(1)0) the BOCC is granted the authority, among others, to establish and administer programs of conservation, and Monroe County and the Monroe County Land Authority have acquired and continue to acquire parcels to protect sensitive assemblages of native habitats, native plants, and native species; and WHEREAS, in May 2023, the BOCC amended Article V11 of Chapter 2 of the Code of Ordinances to add Division 4. - Monroe County Conservation Lands, currently Section 2-424 of the Monroe County Florida Code of Ordinances, which was adopted to: establish a definition of Monroe County Conservation Lands, define the role of the County Land Stewardship Program in the management of said lands, and create a process to add properties to the inventory of Monroe County Conservation Lands; and CODING: Words inzqti-ikethi,etigh type are deletions from existing text. Words in underscored type are additions to existing text. A line of *** indicates existing text not shown. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 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, in January 2026, the BOCC adopted an Emergency Ordinance amending Section 2-426 of the Monroe County Code of Ordinances to allow temporary use of conservation land that do not impact native plants or species by license agreements approved by the BOCC; and WHEREAS, from time to time there are requests for the use of conservation lands for non - conservation purposes on a temporary or permanent basis, and the BOCC wishes to define a process by which such requests may be considered to ensure the proper protection of conservation lands and their natural resources; and WHEREAS, the BOCC desires to provide that a temporary use may only be considered when the use will not cause any harm or impact to any native habitats, native plants, and native species, and a permanent use may only be considered when the BOCC determines the proposed use is in the public interest or is a public necessity, and the proposed use meets an extreme hardship standard; and WHEREAS, the BOCC desires to amend Section 2-426 of the Monroe County Code of Ordinances to include definitions of "extreme hardship," "public interest," "public necessity," and "requestor," and create a process to allow the BOCC to consider requests for temporary or permanent use of conservation land; and WHEREAS, on April 15, 2026, the Monroe County Board of County Commissioners held a public hearing, and provided for public comment and public participation in accordance with the requirements of State Law; and WHEREAS, the Board of County Commissioners hereby finds and determines that the actions described herein serve the best interests of the residents, visitors, and business owners in Monroe County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: Ratification. That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this ordinance. Section 2: Amendment. Sections 2-426(1) and 2-426(2) of the Monroe County Code of Ordinances is hereby amended to read as follows: (1) Definitions. CODING: Words inzqti-ikethi,etigh type are deletions from existing text. Words in underscored type are additions to existing text. A line of *** indicates existing text not shown. 2 89 a. "Monroe County Conservation Lands" are defined as properties that are managed by 90 the County for the purpose of conservation and include: 91 (i) Properties that were purchased by the Monroe County Comprehensive Plan 92 Land Authority for conservation purposes; 93 (ii) Properties owned by the Board of County Commissioners that have been 94 acquired through the Rate of Growth Ordinance (ROGO) land dedication 95 process for conservation purposes; 96 (iii) Properties owned by the Board of County Commissioners that have been 97 dedicated for conservation through the Transferable Development Rights 98 procedure; 99 (iv) Properties acquired by the County utilizing grant funding where the terms of the 100 grant require long-term conservation of the property; and 101 (v) Properties owned by the Board of County Commissioners (BOCC) that have 102 been designated as conservation. 103 b. "State-owned Conservation Lands that are managed by the County" are those 104 properties owned by the State of Florida for which the County is the designated land 105 manager through a management lease with the State of Florida. 106 c. "Extreme hardship" means a significant burden that is unique to the applicant and 107 not shared by property owners in the area. Self-imposed circumstances caused to any 108 degree by actions of any requester shall not be construed as an extreme hardship_ 109 Extreme hardship shall not be construed to include any hardship which arises in 110 whole or in part from the effect of other federal, state or local laws, ordinances, rules 111 or regulations. 112 d. "Public interest" means demonstrable environmental, social, and economic benefits 113 which would accrue to the public at large as a result of a proposed action, and which 114 would clearly exceed all demonstrable environmental, social, and economic costs of 115 the proposed action. 116 e. "Public necessity" means the works or improvements required for the protection of 117 the health and safety of the public, for which no other less environmentally damaging 118 alternative exists. 119 i "Requestor" means any City, Village, Monroe County, Monroe County 120 Comprehensive Plan Land Authority, or other local government entity requesting an 121 exemption for use of Conservation land for any other purpose than conservation. 122 (2) Lands designated Monroe County Conservation Lands shall be preserved in perpetuity and 123 shall not be considered or used for any other purpose. Nothing herein prohibits the Land 124 Steward from removing invasive exotics or performing other restoration work. 125 (pia. Exemptions to Paragraph (2). Any uses approved for exemption pursuant to this 126 subsection shall be subject to all other local, state and federal regulations, as applicable. CODING: Words inzqti-ikethi,etigh type are deletions from existing text. 3 Words in underscored type are additions to existing text. A line of * * * indicates existing text not shown. 127 0 Temporary Use: The Board of County Commissioners or Land Authority Governing 128 Board may allow the use of conservation lands for temporary uses by a Requestor, 129 subject to the requirements for temporaryprovided for in the Monroe County Code 130 and Land Development Code, provided that such uses t do not impact t4e native 131 habitat, native plants, or native species 132 BE)afd ,-.fief to „se A temporary exemption to Paragraph (2) granted by the BOCC, and 133 a license agreement granted by either the BOCC or Land Authority Governing Board, 134 whichever holds title on the property, must be approved prior to use. Such use shall be 135 limited in time, and the site, if damaged, shall be fully restored by the licensee ttse under 136 the supervision of and by coordination with the County Land Steward. No license 137 agreement for temporary use shall exceed ninety (90) dam 138 (ii) Permanent Use: An exemption to Paragraph (2) for a permanent use may be 139 granted after the BOCC makes a finding by a super majority vote in a public meeting 140 that a Requestor has demonstrated: 141 (a) an extreme hardship, where a significant burden unique to the requester exists and is 142 not shared by property owners in the area; and 143 (b) the proposed activity serves the public interest or is a public necessity, in addition to 144 addressing the hardship; and 145 (c) that the proposed activity is necessary; and 146 (d) the parcel is the only parcel available to serve the proposed paramount public purpose, 147 and 148 (e) that no less environmentally damaging alternative exists. 149 (f) The BOCC shall consider the following factors in making its finding to grant an 150 exemption to Paragraph (2): 151 1. the amount of time the subject parcel has been designated conservation and the 152 amount of funds expended from the County's Environmental Land Management 153 and Restoration Fund for the management of the subject parcel; and 154 2. whether State or Federal funds have been used for the management of the subject 155 parcel and whether use of such funds included any limitations on the use of the 156 subject parcel; and 157 3. whether State or Federal funds were used to acquire the subject parcel and whether 158 use of such funds included any limitation on the use of the subject parcel; and 159 4. whether there are any other recorded documents such as deed restrictions or 160 conservation easements which may prohibit or limit any use of the subject parcel. 161 (g) The BOCC must make a finding- granting an exemption to Paragrgph(2) by super 162 majority vote prior to either the BOCC or Land Authority Governing Board granting 163 any license agreement, easement, or any other authorization for any use other than 164 conservation. Any exemption granted by the BOCC will be subject to the following 165 conditions: CODING: Words inzqti-ikethi,etigh type are deletions from existing text. 4 Words in underscored type are additions to existing text. A line of * * * indicates existing text not shown. 166 1. Destruction and degradation of natural resources that result in adverse impacts to 167 native habitats, native plants or native species shall be avoided to the maximum 168 extent practicable. 169 2. Unavoidable impacts to native habitats, native plants or native species shall be 170 minimized and confined to the maximum extent practicable. 171 3. Unavoidable impacts to native habitats, native plants or native species will require 172 mitigation consistent with the Monroe County Land Development Code, and other 173 local, state and federal regulations, as applicable. 174 175 Section 3: Conflicts. That all ordinances or parts of ordinances, all County Code 176 sections or parts of County Code sections, and all resolutions or parts of resolutions in conflict 177 with this ordinance are hereby repealed to the extent of such conflict. 178 179 Section 4: Severability. That should any section or provision of this ordinance or any 180 portion thereof, any paragraph, sentence, clause or word be declared by a court of competent 181 jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a 182 whole or part hereof other than the part declared invalid. If this ordinance or any provision thereof 183 shall be held to be inapplicable to any person, property or circumstances, such holding shall not 184 affect its applicability to any other person, property or circumstances. 185 186 Section 5: Codification. That the provisions of this ordinance shall be codified within 187 the Code of Ordinances of Monroe County, Florida, and any paragraph or section may be 188 renumbered to conform with the Code of Ordinances. 189 190 Section 6: Transmittal and Effective Date. That this Ordinance shall be transmitted 191 to and become effective upon filing with the Florida Department of State as provided in Section 192 125.66, Fla. Stat., as may be amended from time to time. 193 194 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 195 Florida, at a regular meeting of said Board held on the day of , 2026. 196 197 Mayor Michelle Lincoln 198 Mayor Pro Tem David Rice 199 Commissioner Craig Cates 200 Commissioner Holly Merrill Raschein 201 Commissioner James K. Scholl 202 203 (Seal) 204 Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS 205 OF MONROE COUNTY, FLORIDA 206 207 CODING: Words inzqti-ikethi,etigh type are deletions from existing text. 5 Words in underscored type are additions to existing text. A line of * * * indicates existing text not shown. 208 209 210 211 212 213 214 215 216 By: By: Deputy Clerk Michelle Lincoln, Mayor Approved as to legal form and sufficiency: Jeni MacLaughlin, Assistant County Attorney CODING: Words inzqti-ikethi,etigh type are deletions from existing text. Words in underscored type are additions to existing text. A line of * * * indicates existing text not shown.