HomeMy WebLinkAboutItem U08 BOARD OF COUNTY COMMISSIONERS
COUNTY of
7-�
Mayor Michelle Lincoln,District 2
MONROE Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
The Florida. Keys � James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: U8
26-0740
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING: A Public Hearing to Consider Transmittal of An Ordinance by the
Monroe County Board of County Commissioners Amending the Future Land Use Element and the
Housing Element of the 2030 Monroe County Comprehensive Plan to Eliminate the 1-for-1 Exchange
for the remaining 300 Workforce Affordable Housing Early Evacuation Unit Building Permit
Allocations.
ITEM BACKGROUND: The Monroe County Planning & Environmental Resources Department is
proposing amendments to the Future Land Use Element and the Housing Element of the 2030
Comprehensive Plan, as originally directed by the BOCC on September 11, 2024, to eliminate the 1-
for-1 exchange for the remaining 300 workforce affordable housing early evacuation unit building
permit allocations.
On August 20, 2025, Ordinance 018-2025 was adopted at a regular meeting of the Board of County
Commissioners. The Ordinance, contained an amendment to the 2030 Monroe County Comprehensive
Plan, similar to the one being proposed. Ordinance 018-2025 was transmitted to FloridaCommerce on
August 26, 2025, to determine compliance on or before October 10, 2025, as required by Section
163.3184(4)(e)4., Florida Statutes,(F.S.). A determination of compliance was not provided to the
County, rather, on November 4, 2025, FloridaCommerce provided a letter stating, "Monroe County's
adopted amendment 25-03ACSC is more restrictive or burdensome making it null and void ab initio
pursuant to Section 28 of Chapter 2025-190, L.O.F."
The amendment as currently proposed addresses the language that was identified by FloridaCommerce
staff as being in conflict with the provisions in Section 28 of Chapter 2025-190, L.O.F.
Please refer to attached staff report for the proposed amendment and the supporting data and analysis.
PREVIOUS RELEVANT BOCC ACTION: On April 13, 2016, the BOCC adopted the 2030
Comprehensive Plan and Land Development Code, which included a ROGO allocation distribution
through the year 2023, based on Rule 28-20.140, F.A.C., and the Department of Economic
Opportunity's completion of the hurricane evacuation clearance time modeling task that found with 10
years' worth of building permits, the Florida Keys would be at a 24 hour evacuation clearance time
(Phase 2 of the 48-hr phased/staged evacuation).
On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative (Exhibit 1).
The proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations
throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce
housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a
hurricane evacuation. Any development receiving the units would be required to sign a rental
management agreement indicating they would be required to assure the evacuation of all occupants of
the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these
units. The press release specifically stated, "To meet the increased demand for workforce housing, the
innovative Keys Workforce Housing Initiative will require new construction that participates to commit
to evacuating renters in the 48-hour window of evacuation."
Commissioner Rice called a special meeting for May 10, 2018 at I I a.m. in Marathon to provide the
Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting (May
15, 2018). At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss
concerns identified with DEO and provide an update to the BOCC at the next meeting.
On May 16, 2018, the County Attorney provided the BOCC a report on the Governor's proposal for
1,300 additional ROGO allocations following her meeting with DEO and state level staff. He advised
the Board that they have a cabinet meeting scheduled for June 13,2018 to discuss the allocations further.
On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
regarding the Workforce Initiative at the meeting with the Cabinet on June 13, 2018.
On June 13, 2018,the Florida Administration Commission approved the Workforce Housing Initiative.
Florida Keys' local governments that choose to participate in the initiative will work with DEO to
amend their respective comprehensive plans to allow for additional building permits for rental
workforce housing with the condition of early evacuation.
DEO provided County staff with preliminary draft language based on the minimum requirements
established in the initiative to use as a starting point when drafting proposed language (Exhibit 2).
Additionally, DEO issued the graphic below demonstrating the 2012 Hurricane Evacuation model
results that indicated there were still 6.5 hours of additional road capacity in Phase I of the hurricane
evacuation model.
In support of the Housing Initiative at the June 13, 2018 Cabinet meeting, DEO staff made a
presentation stating that the Phase I evacuation (under the existing staged evacuation plan) can be
accomplished in 17.5 hours, leaving additional capacity of 6.5 hours in Phase I. DEO concluded that
the Housing Initiative "will not interfere with the 24-hour evacuation model and satisfies the statutory
mandate to provide affordable housing. "
On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
Department of Economic Opportunity("DEO")for a Keys Workforce Housing Initiative. The proposed
initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations throughout the
Florida Keys (ROGOs or Building Permit Allocation Systems).
Commissioner Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the
Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting (May
15, 2018). At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss
concerns identified with DEO and provide an update to the BOCC at the next meeting.
On May 16, 2018, the County Attorney provided the BOCC a report on the Governor's proposal for
11300 additional ROGO allocations following her meeting with DEO and state level staff. He advised
the Board that they have a cabinet meeting scheduled for June 13,2018 to discuss the allocations further.
On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
regarding the Workforce Initiative at the meeting with the Cabinet on June 13, 2018.
On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
Florida Keys' local governments that choose to participate in the initiative will work with DEO to
amend their respective comprehensive plans to allow for additional building permits fbr rental
workforce housing with the condition of early evacuation.
On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item
regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC meeting.
On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the
state's initiative that address several concerns raised related to the enforceability of the evacuation
provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida
Keys Workforce Housing Initiative,which,if implemented,would create a precedent that would require
the state to award as many as 10,000 additional units in the future.
On January 30, 2019, the BOCC considered options to accept the 300 units. Staff drafted three (3)
options for consideration by the BOCC:
1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through
2026;
2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and
3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023.
The BOCC took no action.
On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
out for an additional three (3) years from 2023 to 2026.
On January 22,2020,the BOCC directed staff to prepare an agenda item to discuss and provide direction
on whether to direct staff to process Comprehensive Plan and Land Development Code amendments to:
1) move a portion of market-rate Rate Of Growth Ordinance (ROGO) units to the affordable housing
allocation pool and/or 2) accept the 300 Workforce Housing units offered by the Department of
Economic Opportunity (DEO) required to evacuate in Phase 1 of the Hurricane Evacuation model.
On February 19,2020,the BOCC discussed whether to direct staff to process a comprehensive plan and
land development code amendment to: 1) move a portion of the 378 remaining Market Rate - Rate of
Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2)
accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO)
required to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the
potential shifting of market rate allocations to the affordable housing pool but did direct staff to start
the process to accept the 300 workforce housing units.
On July 15, 2020, during a discussion item on potentially shifting market rate allocations to the
affordable housing pool(agenda item 15),the BOCC provided further direction to staff on accepting the
300 workforce housing early evacuation unit building permit allocations. The BOCC directed: accept
the 300 workforce housing early evacuation unit building permit allocations to be used in exchange for
existing affordable allocations at multifamily developments (for developers that agree to the early
evacuation restriction) and the affordable housing allocations returned to the County (returned in the
exchange) be set aside and banked for takings cases (bank them within an administrative reliefpool).
On January 20, 2021, the BOCC adopted Resolution 041-2021 to transmit the proposed amendments to
DEO to review the 300 workforce housing early evacuation unit proposal,with a modification to Policy
101.3.12 to eliminate the requirement for a development agreement.With the 300 unit amendment being
structured as an exchange program, the projects exchanging units have previously completed their
development review and multiple hearings for a development agreement seems unnecessary, time
consuming and costly. The BOCC and staff can review approve the exchange through a resolution
approving a contract. DEO reviewed the amendment and issued an Objections, Recommendations and
Comments (ORC) report, received by the County on March 30, 2021. The ORC report stated, "the
Department does not identify any objections or comments to the proposed amendment."
On April 21, 2021, the BOCC adopted Ordinances 2021-005 and 2021-006 authorizing the acceptance
of the 300 early evacuation allocations from the State and to allow said allocations be used in exchange
of existing affordable units/ approved affordable allocations. Additionally, the Ordinance includes
provisions that allow the returned affordable units/allocations to be banked to resolve potential takings
cases.
At the September 11, 2024 Board of County Commissioners (BOCC) Meeting, the BOCC approved
transmittal to the State Land Planning Agency (Florida Department of Commerce) an ordinance
approving an amendment to the Comprehensive Plan to newly create Goal 113, Object 113.1, and site-
specific subarea 1 (Tavernier Workforce Housing Subarea 1),applicable to a portion of property located
at 92501 Overseas Highway which included text changes to the adopted policies of Monroe County's
Comprehensive Plan, which limit disposition of early evacuation unit allocations to a 1-for-1 exchange
program for banking into the County's administrative relief pool for takings and Bert Harris Act liability
reduction countywide.
At the September 11, 2024 BOCC meeting,the BOCC additionally directed Planning&Environmental
Resources Department professional staff to begin processing Comprehensive Plan and Land
Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act liability
reduction exchange requirement for the remaining 214 early evacuation unit building permit
allocations.
At the December 11, 2024, BOCC Meeting, the BOCC adopted Ordinance 030-2024 which created a
site-specific subarea within Tavernier that permits Cemex Construction Materials Florida LLC (f/k/a
Singletary Concrete Products Inc.) to use 86 early evacuation unit building permit allocations on one
site in Tavernier without meeting the requirement of the 1-for-1 takings and Bert Harris Act liability
reduction exchange required by the current Comprehensive Plan and Land Development Code.
On April 16, 2025, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
transmittal of a proposed text amendment to the 2030 Comprehensive Plan (Planning and
Environmental Resources Department File No. 2024-213), considered the staff report, and provided for
public comment and public participation in accordance with the requirements of state law and the
procedures adoption for public participation in the planning- process. The BOCC adopted Resolution
168-2025 transmitting a proposed amendment to the State Land Planning Agency (FloridaCommerce)
for review and comment. Following their review of the proposed amendment,FloridaCommerce issued
an Objections, Recommendations and Comments (ORC)report on June 27, 2025. The ORC report did
not identify any objections, recommendations or comments. The County has 180 days from the date of
receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt
the amendment.
At the August 20, 2025, BOCC Meeting, the BOCC adopted Ordinance 018-2025. On November 4,
2025, FloridaCommerce provided a letter stating, "Monroe County's adopted amendment 25-03ACSC
is more restrictive or burdensome making it null and void ab initio pursuant to Section 28 of Chapter
2025-190, L.O.F. "
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment.
DOCUMENTATION:
• Draft Ordinance
• Exhibit 2 - May 2, 2018, Governor Rick Scott press release outlining an initiative to the
Florida Department of Economic Opportunity ("DEO") for a Keys Workforce Housing
Initiative.
• Exhibit 3 - DEO Preliminary draft language based on the minimum requirements.
• Exhibit 4 - Ordinance No. 005-2021
• Exhibit 5 - FloridaCommerce November 4, 2025, letter
FINANCIAL IMPACT:
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:
2
3 rwA.
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Devin Tolpin, AICP, CFM, Senior Director of Planning and Environmental Resources
10
11 From: Barbara Powell, Planning Policy Advisor
12 Cheryl Cioffari, AICP, Assistant Director of Planning
13
14 Date: March 23, 2026
15
16 Subject: An Ordinance by the Monroe County Board of County Commissioners Amending the
17 Future Land Use Element and the Housing Element of the 2030 Monroe County
18 Comprehensive Plan to Eliminate the 1-for-1 Exchange for the remaining 300 Workforce
19 Affordable Housing Early Evacuation Unit Building Permit Allocations (File 2025-220)
20
21 Meeting: April 15, 2026
22
23 I. REQUEST
24
25 The Monroe County Planning & Environmental Resources Department is proposing amendments to the
26 Future Land Use Element and the Housing Element of the 2030 Comprehensive Plan, as originally
27 directed by the BOCC on September 11, 2024, to eliminate the 1-for-1 exchange for the remaining 300
28 workforce affordable housing early evacuation unit building permit allocations.
29
30 On August 20, 2025, Ordinance 018-2025 was adopted at a regular meeting of the Board of County
31 Commissioners. The Ordinance, contained an amendment to the 2030 Monroe County Comprehensive
32 Plan, similar to the one being proposed. Ordinance 018-2025 was transmitted to FloridaCommerce on
33 August 26, 2025, to determine compliance on or before October 10, 2025, as required by Section
34 163.3184(4)(e)4., Florida Statutes,(F.S.). A determination of compliance was not provided to the
35 County, rather, on November 4, 2025, FloridaCommerce provided a letter stating, "Monroe County's
36 adopted amendment 25-03ACSC is more restrictive or burdensome making it null and void ab initio
37 pursuant to Section 28 of Chapter 2025-190, L.O.F."
38
39 The amendment as currently proposed addresses the language that was identified by FloridaCommerce
40 staff as being in conflict with the provisions in Section 28 of Chapter 2025-190, L.O.F.
41
42 Concurrent Applications
43 Land Development Code Text Amendment
44 File 2025-221: An amendment to the Monroe County Land Development Code amending Section 138-
45 24, Residential ROGO Allocations, to eliminate the existing 1-for-1 exchange for the remaining 300
46 workforce affordable housing early evacuation unit building permit allocations.
47
48
BOCC 04.15.2026 Page 1 of 27
File 2025-220
1 11. BACKGROUND INFORMATION
2 Section 380.0552,F.S.,the Florida Keys Area protection and designation as area of critical state concern,
3 establishes the intent to "ensure that the population of the Florida Keys can be safely evacuated,"
4 [380.0552(2)(j), F.S.] and requires that amendments to each local government's comprehensive plan to
5 include "goals, objectives, and policies to protect public safety and welfare in the event of a natural
6 disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than
7 24 hours. The hurricane evacuation clearance time shall be determined by a hurricane evacuation study
8 conducted in accordance with a professionally accepted methodology and approved by the state land
9 planning agency" [380.0552(9)(a)2, F.S.].
10
11 In order to accomplish the hurricane evacuation requirements by the State, the County adopted a Permit
12 Allocation System known as the Rate of Growth Ordinance (ROGO).
13
14 The Rate of Growth Ordinance (ROGO) was implemented to provide for the safety of residents in the
15 event of a hurricane evacuation and to protect the significant natural resources of Monroe County, as
16 required by the State of Florida. The County originally reduced the annual permitting rate from
17 approximately 500+ units per year to 255 units per year. Later the State adjusted the annual allocation
18 (see Rule 28-20, F.A.C.) to 197 units per year. Each year's ROGO allocation of 197 new units is split
19 with a minimum of 71 units allocated for affordable housing and market rate allocations cannot exceed
20 126 new residential units per year.
21
The purpose of this amendment is to implement goals, objeolivew and
policies of the Florida Keys' Comprehensive flan related to far cti� ►'n of
residents, visitors and property in the County from natural c isaFfers,
specifically including hurricanes, by adopting a Dwelling Unit Allocation
Ordinance limiting annual residential development In Monroe County to an
amount and rate commensurate with the County's ability to maintain a reason-
able and safe hurricane evacuation clearance time, as determined by policy
decisions and recently completed studles, The present hurricane evacrrat.ion
clearance time to Monroe County is unacceptably high. Based can a continua-
tion of Monroe Caounty's historic rate of growth, clearance time will contin-
ue to increase. Therefore, consistent with its responsibility for protecting
the health and safety of its citizens, Monroe County must regulate the rate
of population growth commensurate with planned increases in evacuation
capacity to prevent further unacceptable inca-eases in hurricane evacuation
clearance time. Regulation of the rate of growth will also help to prevent
further deterioration of public facility service levels, irreversible envi-
22 rorunental degradation, and poton.tlat land use eonflicts.
23 ROGO adopted pursuant to Ordinance 016-1992, adopted 6/23/1992
24
25 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity (DEO)
26 completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth
27 of building permits, the Florida Keys would be at a 24 hour evacuation clearance. Based upon the
28 resulting 24 hour evacuation clearance, DEO determined the remaining allocations for the Florida Keys
29 (3,550 additional permits countywide, 1,970 of these permits would go to Monroe County). In March
30 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the
31 recommendation to allocate 10 years' worth of growth to the Florida Keys.
32
33 Previous Relevant BOCC Action
34 On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
35 which included a ROGO allocation distribution through the year 2023,based on Rule 28-20.140,F.A.C.,
BOCC 04.15.2026 Page 2 of 27
File 2025-220
I and the Department of Economic Opportunity's completion of the hurricane evacuation clearance time
2 modeling task that found with 10 years' worth of building permits, the Florida Keys would be at a 24
3 hour evacuation clearance time (Phase 2 of the 48-hr phased/staged evacuation).
4 On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
5 Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative (Exhibit 1).
6 The proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations
7 throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce
8 housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a
9 hurricane evacuation. Any development receiving the units would be required to sign a rental
10 management agreement indicating they would be required to assure the evacuation of all occupants of
11 the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these
12 units. The press release specifically stated, "To meet the increased demand for workforce housing, the
13 innovative Keys Workforce Housing Initiative will require new construction that participates to commit
14 to evacuating renters in the 48-hour window of evacuation."
15
16 Commissioner Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the
17 Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting (May
18 15, 2018). At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss
19 concerns identified with DEO and provide an update to the BOCC at the next meeting.
20
21 On May 16, 2018, the County Attorney provided the BOCC a report on the Governor's proposal for
22 1,300 additional ROGO allocations following her meeting with DEO and state level staff. He advised
23 the Board that they have a cabinet meeting scheduled for June 13,2018 to discuss the allocations further.
24
25 On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
26 regarding the Workforce Initiative at the meeting with the Cabinet on June 13, 2018.
27
28 On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
29 Florida Keys' local governments that choose to participate in the initiative will work with DEO to amend
30 their respective comprehensive plans to allow for additional building permits for rental workforce
31 housing with the condition of early evacuation.
32
33 DEO provided County staff with preliminary draft language based on the minimum requirements
34 established in the initiative to use as a starting point when drafting proposed language (Exhibit 2).
35 Additionally,DEO issued the graphic below demonstrating the 2012 Hurricane Evacuation model results
36 that indicated there were still 6.5 hours of additional road capacity in Phase 1 of the hurricane evacuation
37 model.
BOCC 04.15.2026 Page 3 of 27
File 2025-220
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4 In support of the Housing Initiative at the June 13, 2018 Cabinet meeting,DEO staff made a presentation
5 stating that the Phase I evacuation (under the existing staged evacuation plan) can be accomplished in
6 17.5 hours, leaving additional capacity, of 6.5 hours in Phase I. DEO concluded that the Housing
7 Initiative "will not interfere with the 24-hour evacuation model and satisfies the statutory mandate to
8 provide affordable housing. "
9
10 On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
11 Department of Economic Opportunity("DEO")for a Keys Workforce Housing Initiative. The proposed
12 initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations throughout the
13 Florida Keys (ROGOs or Building Permit Allocation Systems).
14
15 Commissioner Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the
16 Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting (May
17 15, 2018). At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss
18 concerns identified with DEO and provide an update to the BOCC at the next meeting.
19
20 On May 16, 2018, the County Attorney provided the BOCC a report on the Governor's proposal for
21 1,300 additional ROGO allocations following her meeting with DEO and state level staff. He advised
22 the Board that they have a cabinet meeting scheduled for June 13,2018 to discuss the allocations further.
23
24 On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
25 regarding the Workforce Initiative at the meeting with the Cabinet on June 13, 2018.
26
27 On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
28 Florida Keys'local governments that choose to participate in the initiative will work with DEO to amend
BOCC 04.15.2026 Page 4 of 27
File 2025-220
I their respective comprehensive plans to allow for additional building permits for rental workforce
2 housing with the condition of early evacuation.
3
4 On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item
5 regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC meeting.
6
7 On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the
8 state's initiative that address several concerns raised related to the enforceability of the evacuation
9 provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida
10 Keys Workforce Housing Initiative,which,if implemented,would create a precedent that would require
11 the state to award as many as 10,000 additional units in the future.
12
13 On January 30, 2019, the BOCC considered options to accept the 300 units. Staff drafted three (3)
14 options for consideration by the BOCC:
15 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through
16 2026;
17 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and
18 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023.
19 The BOCC took no action.
20
21 On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
22 out for an additional three (3)years from 2023 to 2026.
23
24 On January 22,2020,the BOCC directed staff to prepare an agenda item to discuss and provide direction
25 on whether to direct staff to process Comprehensive Plan and Land Development Code amendments to:
26 1) move a portion of market-rate Rate Of Growth Ordinance (ROGO) units to the affordable housing
27 allocation pool and/or 2) accept the 300 Workforce Housing units offered by the Department of
28 Economic Opportunity (DEO) required to evacuate in Phase 1 of the Hurricane Evacuation model.
29
30 On February 19, 2020, the BOCC discussed whether to direct staff to process a comprehensive plan and
31 land development code amendment to: 1) move a portion of the 378 remaining Market Rate - Rate of
32 Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2)
33 accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO)
34 required to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the
35 potential shifting of market rate allocations to the affordable housing pool but did direct staff to start the
36 process to accept the 300 workforce housing units.
37
38 On July 15, 2020, during a discussion item on potentially shifting market rate allocations to the
39 affordable housing pool (agenda item 15),the BOCC provided further direction to staff on accepting the
40 300 workforce housing early evacuation unit building permit allocations. The BOCC directed: accept
41 the 300 workforce housing early evacuation unit building permit allocations to be used in exchange for
42 existing affordable allocations at multifamily developments (for developers that agree to the early
43 evacuation restriction) and the affordable housing allocations returned to the County (returned in the
44 exchange) be set aside and banked for takings cases (bank them within an administrative relief pool).
45
46 On January 20, 2021, the BOCC adopted Resolution 041-2021 to transmit the proposed amendments to
47 DEO to review the 300 workforce housing early evacuation unit proposal, with a modification to Policy
48 101.3.12 to eliminate the requirement for a development agreement. With the 300 unit amendment being
49 structured as an exchange program, the projects exchanging units have previously completed their
BOCC 04.15.2026 Page 5 of 27
File 2025-220
I development review and multiple hearings for a development agreement seems unnecessary, time
2 consuming and costly. The BOCC and staff can review approve the exchange through a resolution
3 approving a contract. DEO reviewed the amendment and issued an Objections, Recommendations and
4 Comments (ORC) report, received by the County on March 30, 2021. The ORC report stated, "the
5 Department does not identify any objections or comments to the proposed amendment."
6
7 On April 21, 2021, the BOCC adopted Ordinances 2021-005 and 2021-006 authorizing the acceptance
8 of the 300 early evacuation allocations from the State and to allow said allocations be used in exchange
9 of existing affordable units/ approved affordable allocations. Additionally, the Ordinance includes
10 provisions that allow the returned affordable units/allocations to be banked to resolve potential takings
11 cases.
12
13 At the September 11, 2024 Board of County Commissioners (BOCC) Meeting, the BOCC approved
14 transmittal to the State Land Planning Agency (Florida Department of Commerce) an ordinance
15 approving an amendment to the Comprehensive Plan to newly create Goal 113, Object 113.1, and site-
16 specific subarea 1 (Tavernier Workforce Housing Subarea 1), applicable to a portion of property located
17 at 92501 Overseas Highway which included text changes to the adopted policies of Monroe County's
18 Comprehensive Plan, which limit disposition of early evacuation unit allocations to a 1-for-1 exchange
19 program for banking into the County's administrative relief pool for takings and Bert Harris Act liability
20 reduction countywide.
21
22 At the September 11, 2024 BOCC meeting, the BOCC additionally directed Planning & Environmental
23 Resources Department professional staff to begin processing Comprehensive Plan and Land
24 Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act liability
25 reduction exchange requirement for the remaining 214 early evacuation unit building permit
26 allocations.
27
28 At the December 11, 2024 BOCC Meeting, the BOCC adopted Ordinance 030-2024 which created a
29 site-specific subarea within Tavernier that permits Cemex Construction Materials Florida LLC (f/k/a
30 Singletary Concrete Products Inc.) to use 86 early evacuation unit building permit allocations on one
31 site in Tavernier without meeting the requirement of the 1-for-1 takings and Bert Harris Act liability
32 reduction exchange required by the current Comprehensive Plan and Land Development Code.
33
34 On April 16, 2025, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
35 transmittal of a proposed text amendment to the 2030 Comprehensive Plan(Planning and Environmental
36 Resources Department File No. 2024-213), considered the staff report, and provided for public comment
37 and public participation in accordance with the requirements of state law and the procedures adoption
38 for public participation in the planning-process. The BOCC adopted Resolution 168-2025 transmitting
39 a proposed amendment to the State Land Planning Agency(FloridaCommerce)for review and comment.
40 Following their review of the proposed amendment, FloridaCommerce issued an Objections,
41 Recommendations and Comments (ORC) report on June 27, 2025. The ORC report did not identify any
42 objections, recommendations or comments. The County has 180 days from the date of receipt of the
43 ORC to adopt the proposed amendment,adopt the amendment with changes or not adopt the amendment.
44
45 At the August 20, 2025 BOCC Meeting, the BOCC adopted Ordinance 018-2025. On November 4,
46 2025,FloridaCommerce provided a letter stating, "Monroe County's adopted amendment 25-03ACSC is
47 more restrictive or burdensome making it null and void ab initio pursuant to Section 28 of Chapter
48 2025-190, L.O.F."
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I Community Meeting and Public Participation
2 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan and
3 Land Development Code text amendments was held on November 24, 2025, via Zoom Webinar and
4 provided for public input. There were no public comments received.
5
6 Development Review Committee Meeting and Public Input: On January 27, 2026, the DRC
7 considered the proposed amendment and provided for public input. On January 29, 2026, the Chair of
8 the DRC signed Resolution No. DRC 02-26,recommending approval of the proposed text amendment.
9
10 Planning Commission Meeting and Public Input
11 On February 25, 2026, the Planning Commission considered the proposed amendment, provided for
12 public input and recommended approval to the Board of County Commissioners of the proposed
13 amendment to the Monroe County Comprehensive Plan with inclusion of the following sentence, shown
14 as double-underline, added to Policy 101.3.12(1):
15
16 For developments owned or operated by a government agency or public housing authority, property
17 management is not required to be located onsite as indicated in this subsection and Comprehensive Plan
18 Policy 101.3.12, but must be available at all times to respond to evacuation orders. However, the
19 government agency or public housing authority will oversee and enforce requested evacuation of the
20 residents and must be available at all times to respond to evacuation orders.
21
22 Further review among staff concerning revision to Policy 101.3.12(1) concluded that the word"enforce"
23 be recommend to state "coordinate." Planning and Environmental Resources staff recommend the use
24 of"coordinate" and it is reflected in the language below and draft ordinance.
25
26 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
27
Proposed Amendment: deletions are shown in fod stF h; additions are shown in red
underline.
28
29 Objective 101.2
30 As mandated by the State of Florida,pursuant to Section 380.0552,F.S. and Rule 28-20.140,F.A.C.,
31 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
32 hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning
33 Agency relative to the 2012 Memorandum of Understanding that has been adopted between the
34 County and all the municipalities and the State agencies.
35
36 Policy 101.2.1
37 Monroe County shall maintain a memorandum of understanding with the State Land Planning
38 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
39 Beach, and Layton to stipulate,based on professionally acceptable data and analysis, the input
40 variables and assumptions, including regional considerations, for utilizing the Florida Division
41 of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations
42 ("TIME") Model to accurately depict evacuation clearance times for the population of the
43 Florida Keys.
44
45 Policy 101.2.2
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I Monroe County shall coordinate with all the municipalities, the State Land Planning Agency
2 and Division of Emergency Management to update the variables and assumptions for the
3 evacuation clearance time modeling and analyses of the build-out capacity of the Florida Keys
4 Area of Critical State Concern based upon the release of the decennial Census data. Pursuant
5 to the 2012 e 1€et-e4 hurricane evacuation clearance time modeling by the State Land
6 Planning Agency, which incorporates the 2010 Census data, the County may allocate 10 years'
7 worth of growth(197 x 10= 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140,
8 F.A.C.) through the year 2023, while maintaining an evacuation clearance time of 24 hours.
9 The County adopted a slower rate of annual allocations for market rate development to extend
10 the allocation timeframe to 2026 without exceeding the total of 1,970 allocations (see Policy
11 101.3.2). The County shall reevaluate the annual ROGO allocation rate based on: 1) statutory
12 changes for hurricane evacuation clearance time requirement standards; 2) new hurricane
13 evacuation modeling by the State Land Planning Agency and Division of Emergency
14 Management; and 3) a new or revised memorandum of understanding with the State Land
15 Planning Agency,Division of Emergency Management,Marathon,Islamorada,Key West,Key
16 Colony Beach and Layton (see Policy 101.2.1).
17
18 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe
19 County shall establish a new allocation category to accept and award 300 affordable workforce
20 housing early evacuation unit building permit allocations pursuant to the Workforce-Affordable
21 Housing Initiative (Policy 101.3.12 Workforce Initiative). These allocations are in addition to
22 the maximum allocations identified in Rules 28-20, F.A.C., and shall be required to evacuate
23 in Phase 1 of the 48-hr evacuation of a pending major hurricane.
24
25 Policy 101.2.3
26 The County will consider capital improvements based upon the need for improved hurricane
27 evacuation clearance times, including potential impacts from sea level rise to the County's
28 evacuation route. The County will coordinate with the FDOT, the state agency which maintains
29 U.S.1, to ensure transportation projects that maintain and improve clearance times are
30 prioritized.
31
32 Policy 101.2.4
33 In the event of a pending major hurricane (Category 35)Monroe County shall implement the
34 following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
35 hurricane evacuation clearance time for the resident population.
36 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
37 residents,visitors,recreational vehicles(RVs),travel trailers,live-aboard vessels(transient
38 and non-transient), military personnel, units approved3 and deed restricted as affordable
39 workforce housing early evacuation units from the Florida Keys shall be initiated. State
40 parks and campgrounds should be closed at this time or sooner and entry into the Florida
41 Keys by non-residents should be strictly limited.
42 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of
43 mobile home residents, special needs residents, and hospital and nursing home patients
44 from the Keys shall be initiated.
45 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation
46 of permanent residents by evacuation zone (described below) shall be initiated. Existing
47 evacuation zones are as follows:
48 a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
49 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
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I c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
2 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 63-
3 106.5 and MM 1-9.5 of CR 905)
4 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
5
6 The actual sequence of the evacuation by zones will vary depending on the individual storm.
7 The concepts embodied in these staged evacuation procedures should be embodied in the
8 appropriate County operational Emergency Management Plans.
9
10 The evacuation plan shall be monitored and updated on an annual basis to reflect increases,
11 decreases and or shifts in population; particularly the resident and non-resident populations.
12
13 For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of
14 allocations to more than 197 residential units a year, except for affordable housing. Any
15 increase in the number of allocations shall be for affordable housing. Monroe County hereby
16 accepts 300 affordable workforce = a e4 housing early evacuation unit building permit
17 allocations pursuant to the Workforce-Affordable Housing Initiative (Policy 101.3.12
18 Workforce Initiative) authorized by the Florida Administration Commission, Chapter 2023-17,
19 Laws of Florida and the State Land Planning Any
20 OppeFttff4y. These early evacuation allocations are in addition to the maximum allocations
21 identified in Rules 28-20, F.A.C., and shall be restricted to rental occupancy for those who
22 derive at least 70% of their income as members of the workforce in Monroe County and who
23 meet the affordable housing income categories of the Monroe County Land Development Code.
24 The e�evacuation allocations shall be required to evacuate in Phase 1 of the 48-hr evacuation
25 as provided in Policy 101.2.4tee. No new additional residential
26 dwelling unit allocations shall be authorized within the Phase 1 of the 48-hr evacuation unless
27 approved and provided by the Florida Administration Commission and the State Land Planning
28 after review of hurricane evacuation
29 modeling results by the State Land Planning Agency and the Division of Emergency
30 Management of available evacuation capacity and a review of the level of service and available
31 capacity for all public facilities.
32
33 Objective 101.3
34 Monroe County shall regulate new residential development based upon the finite carrying capacity
35 of the natural and man-made systems and the growth capacity while maintaining a maximum
36 hurricane evacuation clearance time of 24 hours.
37
38 Policy 101.3.1
39 Monroe County shall maintain a Permit Allocation System for new residential development
40 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation
41 System shall limit the number of permits issued for new residential dwelling units. The ROGO
42 allocation system shall apply within the unincorporated area of the county, excluding areas
43 within the county mainland and within the Ocean Reef planned development (Future
44 development in the Ocean Reef planned development is based upon the December 2010 Ocean
45 Reef Club Vested Development Rights Letter recognized and issued by the Department of
46 Community Affairs). New residential dwelling units included in the ROGO allocation system
47 include the following: affordable housing units; market rate dwelling units; mobile homes;
48 institutional residential units (except hospital rooms) and affordable workforce housing early
49 evacuation units..
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1
2 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a
3 distinct location, and therefore cannot be accounted for in the County's hurricane evacuation
4 model. Under no circumstances shall a vessel, including live-aboard vessels, or associated wet
5 slips be transferred upland or converted to a dwelling unit of any other type. Vessels or
6 associated wet slips are not considered ROGO allocation awards, and may not be used as the
7 basis for any type of ROGO exemption or THE (Transfer of ROGO Exemption).
8
9 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units;
10 and seasonal residential units are subject to Policy 101.3.5.
11
12 For purposes of this Policy, the redevelopment or replacement of any lawfully established unit
13 within the Venture out community, which is located in the Lower Keys at MM23 on Cudjoe
14 Key, that does not increase the number of units, above that which existed on or before January
15 4, 1996, shall be exempt from the permit allocation (ROGO) system. Policies 101.3.5 and
16 101.6.8 shall not apply to Venture Out, and the units within Venture Out may be developed as
17 either detached dwelling, mobile home or recreational vehicle use through the approval of a
18 building permit,provided the following are met:
19 1. To not increase the hurricane evacuation clearance time of permanent residents, in
20 the event of a pending major hurricane (Category 35), a mandatory evacuation
21 of all occupants of units within Venture Out, regardless of unit type, is required at
22 least 48 hours in advance of tropical storm winds. Approximately 48 hours in
23 advance of tropical storm winds, a mandatory evacuation of occupants residing in
24 a permanent unit shall be initiated and a mandatory evacuation of both the
25 occupants of recreational vehicles (RVs) and the RVs shall be initiated;
26 2.Notwithstanding the provisions of Policy 101.5.5,the interchangeability of detached
27 dwelling (permanent), mobile home (permanent) and recreational vehicles
28 (transient) uses may occur only within the gated Venture Out community with a
29 managing entity responsible for evacuation;
30 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
31 prohibited;
32 4. Recreational Vehicles must meet all land development regulations, floodplain
33 management regulations and any building code requirements for recreational
34 vehicles,
35 5. A recreational vehicle must have current licenses required for highway travel, be
36 attached to the site only by the quick disconnect-type utilities, and no permanent
37 additions such as sun rooms or state rooms shall be permitted;
38 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit, regardless
39 of use type, within the Venture Out community may be transferred to another site
40 outside of the Venture Out community; and
41 7. In no case shall recreational vehicles(transient units)be developed as a hotel/motel.
42
43 Policy 101.3.2
44 The number of permits issued for residential dwelling units under the Rate of Growth
45 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13, 2013
46 through July 12, 2026, plus any available unused ROGO allocations from a previous ROGO
47 year and 300 affordable workforce housing early evacuation unit building permit allocations
48 authorized by the Florida Administration Commission, Chapter 2023-17, Laws of Florida, and
49 the State Land Planning A ROGO year
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I means the twelve-month period beginning on July 13. Market rate allocations shall not to
2 exceed 126 residential units per year. Unused allocations for market rate shall be available for
3 Administrative Relief.
4
5 In 2012, pursuant to Rule 28-20.140, F.A.C., the State Land thinning Agenc De �
6 i+it-y completed the hurricane evacuation clearance time modeling task and
7 found that with 10 years' worth of building permits, the Florida Keys would be at a 24 hour
8 evacuation clearance time. This creates challenges for State of Florida and Monroe County as
9 there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier Ill-A(SPA);
10 3,301 Tier III, and 235 No tier(ORCA, etc.)] and with 1,970 new allocations this may result in
11 a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future.
12 In recognition of the possibility that the inventory of vacant parcels exceeds the total number
13 of allocations which the State will allow the County to award, the County adopted a slower rate
14 of annual allocations for market rate development to extend the allocation timeframe to 2026
15 and is accepting 300 affordable workforce � housing early evacuation unit building
16 permit allocations pursuant to the Workforce-Affordable Housing Initiative (Policy 101.3.12
17 Workforce Initiative) authorized by the Florida Administration Commission, Chapter 2023-17,
18 Laws of Florida and the State band Planning Amy kla
19 These affordable workforce housing early evacuation allocations that are in
20 addition to the maximum building permit allocations identified in Rules 28-20, F.A.C. The
21 County will consider adopting an extended timeframe for distribution of the ROGO allocations
22 through 2033 with committed financial support from its State and Federal partners. This
23 timeframe can provide a safety net to the County and provide additional time to implement land
24 acquisition and other strategies to reduce the demand for ROGO allocations and help transition
25 land into public ownership.
26
27 The County is actively engaged in acquisitions and is requesting its State and Federal partners
28 for assistance with implementing land acquisitions in Monroe County. The County will allocate
29 the 1,970 new dwelling unit allocations through July 12, 2026. If substantial financial support
30 is provided by July 12, 2023, the County will reevaluate the ROGO distribution allocation
31 schedule and consider an extended timeframe for the distribution of market rate allocations
32 (through a comprehensive plan amendment). Further, the State and County shall develop a
33 mutually agreeable position defending inverse condemnation cases and Bert J. Harris, Jr.
34 Private Property Rights Protection Act cases, with the State having an active role both directly
35 and financially in the defense of such cases.
36
37 The County shall distribute ROGO allocations by ROGO year, as provided in the table below.
38
Annual Allocation
ROGO Year Affordable Workforce
Market Rate Affordable Housing Housing Earl
Evacuation Initiative
July 13, 2013—July 12, 2014 126 71
July 13, 2014—July 12, 2015 126 71 N/A
July 13, 2015—July 12, 2016 126 568 total AFH
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July 13, 2016—July 12, 2017 126
July 13, 2017—July 12, 2018 126
July 13, 2018—July 12, 2019 126
July 13, 2019—July 12, 2020 126
July 13, 2020—July 12, 2021 64 (total available
immediately)
July 13, 2021—July 12, 2022 64
July 13, 2022—July 12, 2023 64
July 13, 2023—July 12, 2024 62 300**
July 13, 2024—July 12, 2025 62
July 13, 2025—July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit (ITP) ending in 2023.
** Affordable Wworkforce housing early evacuation unit building-permit allocations shall be available
countywide (unincorporated county) and distributed on a first-come first-serve basis. Requests for
dwelling units developed and/or deed-restricted utilizing the affordable workforce housing early
evacuation unit buildingpermit allocations are subject to the provisions of Policy 101.3.12.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. Monroe County will request a Rule change from the Administration
4 Commission to authorize the above allocation timeframe and rate.
5
6 Policy 101.3.3
7 Monroe County shall allocate at least 20% of the annual allocation, or as may be established
8 by the State of Florida, pursuant to Administration Commission Rules, to affordable housing
9 units as part of ROGO. Any portion of the allocations not used for affordable housing shall be
10 retained and be made available for affordable housing from ROGO year to ROGO year.
I I Affordable housing eligible for this separate allocation and affordable workforce housing early
12 evacuation units shall meet the criteria specified in Policy 601.1.4 and the Land Development
13 Code, but shall not be subject to the competitive Residential Permit Allocation and Point
14 System in Policy 101.6.4. Any parcel proposed for affordable housing or affordable workforce
15 housing early evacuation units shall not be located within an area designated as Tier I as set
16 forth under Goal 105 or within a Tier III-A Special Protection Area as set forth in Policy
17 205.1.1.
18
19 Notwithstanding the foregoing,and notwithstanding Policy 101.6.2. affordable housing ROGO
20 allocations may be awarded to Tier I or Tier III-A properties which meet all of the following
21 criteria:
22 1. The property contains an existing market rate dwelling unit that meets the criteria in LDC
23 Section 138-22(a) and is determined to be exempt from ROGO;
24 2. The proposed replacement affordable dwelling unit meets current Florida Building Code and
25 is not a mobile home;
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1 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99
2 years as affordable housing pursuant to the standards of the Land Development Code; and
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1 4. The proposed site plan for the replacement affordable dwelling unit does not propose any
2 additional clearing of habitat.
3
4 Policy 101.3.4
5 The Permit Allocation System(or Rate of Growth Ordinance) for new residential development
6 shall specify procedures for:
7 1. establishing the annual number of pef allocations for new residential units to be issued
8 during the next ROGO year based upon, but not limited to the following:
9 a. expired allocations and building permits in previous year;
10 b. allocations available, but not allocated in previous year;
11 c. number of allocations borrowed from future quarters;
12 d. vested allocations;
13 e. modifications required or provided by Administration Commission Rules;
14 f. modifications required or provided by this plan or agreement pursuant to Chapter 380,
15 Florida Statutes; and
16 g. receipt or transfer of affordable housing allocations by intergovernmental agreement;
17 and
18 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation Clearance
19 Time Memorandum of Understanding.
20 2. allocation of affordable housing, affordable workforce housing early evacuation units
21 building hermit allocations and market rate housing units in accordance with Policies
22 101.3.2 and 101.3.3; and
23 3.timing of the acceptance of applications,evaluation and scoring of applications, and issuance
24 of permits for new residential development during the calendar year.
25
26 Policy 101.3.5
27 Due to the limited number of allocations and the State's requirement that the County maintain
28 a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit
29 new transient residential allocations for hotel or motel rooms, campground spaces, or spaces
30 for parking a recreational vehicle or travel trailer July 2026.Lawfully established transient units
31 shall be entitled to one unit for each type of unit in existence before January 4, 1996, for use as
32 a ROGO exemption.
33
34 Policy 101.3.6
35 All public and institutional uses (except hospital rooms)that predominately serve the County's
36 non-transient population and which house temporary residents shall be subject to the Permit
37 Allocation System for residential development, except upon factual demonstration that such
38 transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation
39 clearance time of Monroe County.
40
41
42
43 Policy 101.3.9
44 For those ROGO applications and properties which have not received a ROGO award for four
45 consecutive years and have applied for administrative relief, which are designated Tier I, II, or
46 IIIA,the County or the State shall offer to purchase the property if funding for such is available.
47 Refusal of the purchase offer shall not be grounds for granting a ROGO award.
48
49 Policy 101.3.10
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File 2025-220
I Notwithstanding any other provision of the Plan, except the last sentence of this Policy
2 101.3.10, building allocations utilized for affordable housing projects may be pooled and
3 transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO subarea,
4 and between local government jurisdictions within the Florida Keys Area of Critical State
5 Concern (ACSC). Any such transfer of affordable housing allocations between local
6 government jurisdictions must be accomplished through an interlocal agreement between the
7 sending and receiving local governments. Interlocal agreements that involve assigning the
8 County's affordable housing (not including affordable housing allocations banked for takings
9 cases) allocations to existing dwelling units within a municipality with a requirement that the
10 associated market rate ROGO/BPAS exemptions be transferred into the unincorporated County
11 as an exchange for the affordable housing allocations transferred to the municipality, shall be
12 accomplished through a minor conditional use permit approval and shall be subject to the
13 receiver site criteria in Policy 101.6.8 and may be transferred to any subarea within the
14 unincorporated County.
15
16 In no event shall the County:
17 (1) pool and transfer affordable workforce housing early evacuation unit building emit
18 allocations between ROGO sub-areas,
19 (2) transfer affordable workforce housing early evacuation unit building ermit allocations
20 to another government jurisdiction,
21 (3) receive affordable workforce housing early evacuation unit building permit allocations
22 from another government jurisdiction); or
23 (4) transfer affordable housing ROGO allocations received by the County in exchange for
24 affordable workforce housing building permit early evacuation unit allocations to
25 another government jurisdiction.
26
27 Notwithstanding Policy 101.3.10(2), affordable workforce early evacuation unit building
28 permit allocations may be transferred to another government:jurisdiction for County-initiated
29 affordable housing projects within incorporated cities, as approved by an interlocal agreement
30 as approved by the BOCC.
31
32 Policy 101.3.11
33 Monroe County may receive additional building permit allocations pursuant to the 2012
34 completed hurricane evacuation clearance time modeling and allocation recommendations by
35 the State Land Planning Agency and the Administration Commission's direction that the City
36 of Key West \ transfer annually (by July 15th) any remaining unused allocations for that year
37 to the other Florida Keys'local governments based upon the local governments' ratio of vacant
38 land. Any transferred allocations from the City of Key West to Monroe County shall be made
39 available for Administrative Relief. Monroe County may receive, and award 300 building
40 permit allocations designated as affordable workforce housing early evacuation units pursuant
41 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
42 provided by the Florida Administration Commission and the State Land Planning Agency
43 These early evacuation allocations that are in
44 addition to the maximum allocations identified in Rules 28-20,F.A.C., and shall be required to
45 evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
46
47 Policy 101.3.12
48 Affordable Workforce Housing Early Evacuation Initiative. To support Monroe County's
49 workforce by alleviating constraints on affordable housing, to protect private property rights
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File 2025-220
I and address potential liability,the County is participating in the Workforce-Affordable Housing
2 Initiative (Workforce Initiative), as approved during the June 13, 2018 meeting of the Florida
3 Administration Commission. Monroe County accepts the 300 affordable workforce housing
4 early evacuation building permit allocations pursuant to the Workforce-Affordable Housing
5 Initiative authorized by the Florida Administration Commission, Chapter 2023-17, haws of
6 Florida, and the State La The
7 Workforce-Affordable Housing Initiative will require dwelling units constructed and/or deed
8 restricted with workforce housing early evacuation building permit allocations to evacuate
9 occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane, pursuant to the
10 criteria below.
11
12 To participate in the Workforce Initiative, Monroe County shall be responsible for the
13 management, distribution, and enforcement of requirements associated with the affordable
14 workforce housing early evacuation building permit allocations. Monroe County shall ensure
15 adherence to these requirements through implementation of this policy and shall annually
16 provide to the State band Plan a report
17 indicating the number of affordable workforce housing early evacuation units built and/or deed
18 restricted, occupancy rates, and compliance with the requirement to evacuate the units in Phase
19 I of an evacuation. The annual report shall be provided to the State in a timely manner such that
20 the State may include the information in the required Annual Report to the " p--and
21 Gabine4 Florida Administration Commission on the County's progress toward completion of
22 its Work Program pursuant to Rule 28-20, F.A.C.
23
24 Dwelling units developed and/or deed restricted utilizing the affordable workforce housing
25 early evacuation unit building hermit allocations are subject to the following:
26
27 (a) Requests for affordabley workforce housing early evacuation unit builds et it
✓S4 r'AID lrk - 1Y tl'" 1 w e1t-P.f"NY9,SYb1-
28 allocations �---fear—�-� -
29 require a reservation via BOCC resolution. The BOCC may, at
30 its discretion,place conditions on any reservation as it deems appropriate such as establishing
31 the income categories for allocations vrtec . �'�� T�f l�"6 nh�P t � n � ��
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BOCC 04.15.2026 Page 15 of 27
File 2025-220
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14 (oh) All affordable workforce housing early evacuation units require a deed-restriction
15 ensuring:
16 (1) Before any building permit may be issued for any structure, portion or phase of a
17 project subject to the Workforce Initiative, a restrictive covenant shall be approved
18 by the Planning Director and County Attorney and recorded in the Office of the Clerk
19 of the County to ensure compliance with the provision of this section running in favor
20 of the County and enforceable by the County and, if applicable, a participating
21 municipality. The following requirements shall apply to these restrictive covenants:
22 a. The covenants for any workforce housing early evacuation units shall be effective
23 for 99 years.
24 b. The covenants shall not commence running until a certificate of occupancy has
25 been issued by the Building Official for the dwelling unit or dwelling units to
26 which the covenant or covenants apply.
27 c. For existing dwelling units that are deed-restricted as workforce housing early
28 evacuation units, the covenants shall commence running upon recordation in the
29 Official Records of Monroe County.
30 (2) The covenants shall require that the workforce housing early evacuation units to be
31 restricted to rental occupancy for those who derive at least 70% of their income as
32 members of the workforce in Monroe County and who meet the affordable housing
33 income categories of the Monroe County Land Development Code. The occupants
34 are required to annually verify their employment and income eligibility.
35 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation
36 of a pending major hurricane. Persons living in the workforce housing early
37 evacuation units who may be exempted from evacuation requirements are limited to
38 law enforcement, correctional and fire personnel, health care personnel, and public
39 employees with emergency management responsibilities. If there is an occupant that
40 indicates their employment is considered a `first-responder position' and not included
41 in the list of exemptions above,then the Planning Director shall determine,in writing,
42 whether the person may be exempted because of a requirement to remain during an
43 emergency. Any person claiming exemption under this provision shall submit of an
44 affidavit of qualification and faithfully certify their status with the onsite property
45 management.
46 (4) The covenants shall require rental agreements which contain a separate disclosure
47 requiring rental occupants to acknowledge the existing restrictive covenant on the
48 unit requiring evacuation in Phase 1 of the 48-hr evacuation and that failure to adhere
BOCC 04.15.2026 Page 16 of 27
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I to the Phase 1 evacuation requirement could result in severe penalties, including
2 eviction, to the occupant.
3 (5) The covenants shall require onsite property managers and a separate employment
4 disclosure requiring the maintenance of training in evacuation procedures and an
5 acknowledgement that failure to adhere to the Phase 1 evacuation requirement could
6 result in severe penalties, including termination.
7 (4c) Affordable Wworkforce housing early evacuation units shall be restricted to rental
8 occupancy for those who derive at least 70% of their income as members of the workforce
9 in Monroe County and who meet the affordable housing income categories of the Monroe
10 County Land Development Code.Workforce means individuals or families who are gainfully
11 employed supplying goods and/or services to Monroe County residents or visitors.
12 ( d)Affordable Ww_orkforce housing early evacuation units shall require onsite property
13 management with property managers trained in evacuation procedures and required to
14 manage the evacuation of tenants in Phase I of an evacuation. During traditional working
15 hours, the property manager must be at an office within the affordable workforce housing
16 early evacuation unit development subject property. Outside the traditional working hours,
17 the property manager must be available at all times to respond to evacuation orders.
18 (fe) The property management entity for the affordable workforce housing early evacuation
19 units shall be required to annually verify the employment and income eligibility of tenants;
20 report the total units on the site,the occupancy rates of units, and tenant compliance with the
21 requirement to evacuate the units in Phase I of an evacuation, including the number of
22 occupants that are exempt from the evacuation requirements. The property management
23 entity must submit a report to the Planning and Environmental Resources Department by
24 May 1 of each year. Further, each lease and this annual report shall be kept by the property
25 manager and be available for inspection by the County during traditional working hours.
26 (g f Affordable Ww_orkforce housing early evacuation units shall be located within an area
27 designated as Tier III.
28 (hg) Affordable Ww_orkforce housing early evacuation units shall not be located in the V-
29 Zone or within a Coastal Barrier Resource System (CBRS).
30 (ih) Affordable Wworkforce housing early evacuation units shall be located on a property
31 which has all infrastructure available (potable water, adequate wastewater treatment and
32 disposal wastewater meeting adopted LOS,paved roads, etc.).
33 Gi) All affordable workforce housing early evacuation units must demonstrate compliance
34 with all applicable federal standards for accessibility for persons with disabilities (ADA
35 Compliance).
36 (kj) To the greatest extent practicable, a development utilizing affordable workforce housing
37 early evacuation unit buildin& permit allocations shall incorporate sustainable and resilient
38 design principles into the overall site design '
39 well
40 ( ) To the t reatcst extent practicable9 a develop ent L�tilizin, affordable workforce housing
41 earl evacuation unit buildin pe it atiocations shall be located in close proxi ity to
42 eloyment centers in Key West„ Stock Island and Marathon,
43 (1)For develop ents owned or operated by a government agency or public housing authority,
44 property management is not required to be located onsite as indicated in this subsection and
45 Comprehensive Plan Policy 101.3.12, but must be available at all times to respond to
46 evacuation orders.However, the government agency or public housing authority will oversee
47 and coordinate requested evacuation of the residents and must be available at all times to
48 respond to evacuation orders.
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1
2 GOAL 601
3 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
4 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population
5 based on type, tenure characteristics, unit size and individual preferences.
6
7 Objective 601.1
8 To ensure that affordable housing opportunities are available throughout the entire community and
9 to maintain a balanced and sustainable local economy and the provision of essential services,Monroe
10 County shall implement the following defined policies to reduce estimated affordable housing need
11 for its workforce and households in the very low, low, median and moderate income classifications.
12 [F.S. § 163.3177(6)(f)l.]
13
14 Policy 601.1.1
15 Monroe County shall maintain land development regulations, in conjunction with the Permit
16 Allocation System, for apportioning future affordable housing development.
17
18 Policy 601.1.2
19 Monroe County shall continue its participation in Federal and State housing assistance
20 programs to rehabilitate owner and rental housing for very low, low, median, and moderate
21 income residents by seeking grants, loans, and technical assistance in conjunction with the
22 Monroe County Housing Authority. Monroe County shall also participate, as appropriate, in
23 FEMA Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA)
24 Program and Community Development Block Grant - Disaster Recovery (CDBG-DR) grant
25 programs to support the completion of flood mitigation projects, such as the elevation of homes
26 above base flood level to reduce the risk of fixture flood damage. [F.S. § 163.3177(6)(f)3.]
27
28 Policy 601.1.3
29 The Monroe County Land Authority shall maintain a list of buildable properties owned or
30 targeted for acquisition by the Land Authority which potentially could be donated or made
31 available for affordable housing. This list will be updated annually and made available to the
32 public. The guidelines established in Policies 601.1.10 and 601.1.11 shall be considered in the
33 formulation of this list.
34
35 Policy 601.1.4
36 All affordable housing projects which receive development benefits from Monroe County,
37 including but not limited to ROGO allocation award(s) reserved for affordable housing,
38 maximum net density, or donations of land, shall be required to maintain the project as
39 affordable for a period of 99 years pursuant to deed restrictions or other mechanisms specified
40 in the Land Development Code, and administered by Monroe County or the Monroe County
41 Housing Authority.
42
43 Policy 601.1.5
44 If Monroe County funding or County-donated land is to be used for any affordable housing
45 project, alternative sites shall be assessed according to the following guidelines:
46 1. The location of endangered species habitat. Sites within known, probable, or potentially
47 suitable threatened or endangered species habitat shall be avoided.
48 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall be
49 determined according to the ranking specified in the Environmental Design Criteria
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I section of the Land Development Code. Disturbed sites shall be selected, unless no
2 feasible alternative is available.
3 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be avoided.
4 4. The level of service provided in the vicinity for all public facilities. Areas which are at or
5 near capacity for one or more public facility should be avoided.
6 5. Proximity to employment and retail centers. Sites within five miles of employment and
7 retail centers shall be preferred.
8
9 Policy 601.1.6
10 Monroe County shall identify funding sources that could be made available to support
11 community-based non-profit organizations such as Habitat for Humanity in their efforts to
12 provide adequate affordable housing.
13
14 Policy 601.1.7
15 Monroe County shall continue to participate in the State Housing Incentives Partnership
16 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe County
17 shall also continue to maintain a Local Housing Assistance Plan and Affordable Housing
18 Incentive Strategies as specified in the Act and recommended by the Monroe County
19 Affordable Housing Advisory Committee.
20
21 Policy 601.1.8
22 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
23 established by the State of Florida,pursuant to Administration Commission Rules,to affordable
24 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate
25 allocation must meet the criteria established in the Land Development Code. Monroe County
26 may award 300 additional building permit allocations designated as affordable workforce
27 housing early evacuation units pursuant to the Workforce-Affordable Housing Initiative(Policy
28 101.3.12 Workforce Initiative)as provided by the Florida Administration Commission,Chapter
29 2023-17 Laws of Florida, and the State Land Planning Agency Fjor�� -L�mi_e
30 po +ity. These building permit allocations are in addition to the maximum allocations
31 identified in Rules 28-20, F.A.C., are restricted to rental occupancy for those who derive at
32 least 70% of their income as members of the workforce in Monroe County and who meet the
33 affordable housing income categories of the Monroe County Land Development Code, and
34 shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
35
36 IV. ANALYSIS OF PROPOSED AMENDMENT
37
38 The proposed amendment would provide new opportunities for the utilization of the County's remaining
39 early evacuation unit building permit allocations by removing the requirement to exchange existing
40 affordable allocations/units. This modification will result in the potential development of new workforce
41 affordable units with various income limits which continue to be an identified need for the community.
42 While this will result in the reduction of additional allocations potentially banked to resolve,it will allow
43 for the potential development of new code compliant housing.
44
45 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
46 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
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I A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
2 County 2030 Comprehensive Plan. Specifically, it furthers:
3
4 GOAL 101
5 Monroe County shall manage future growth to enhance the quality of life,ensure the safety of County
6 residents and visitors, and protect valuable natural resources.
7
8 Objective 101.2
9 As mandated by the State of Florida,pursuant to Section 380.0552,F.S. and Rule 28-20.140,F.A.C.,
10 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
11 hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning
12 Agency relative to the 2012 Memorandum of Understanding that has been adopted between the
13 County and all the municipalities and the State agencies.
14
15 Policy 101.2.1
16 Monroe County shall maintain a memorandum of understanding with the State Land Planning
17 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
18 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
19 variables and assumptions, including regional considerations, for utilizing the Florida Division of
20 Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME")
21 Model to accurately depict evacuation clearance times for the population of the Florida Keys.
22
23 Objective 101.3
24 Monroe County shall regulate new residential development based upon the finite carrying capacity
25 of the natural and man-made systems and the growth capacity while maintaining a maximum
26 hurricane evacuation clearance time of 24 hours.
27 Policy 101.3.5
28 Due to the limited number of allocations and the State's requirement that the County maintain a
29 maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new
30 transient residential allocations for hotel or motel rooms,and any lock-out units,campground spaces,
31 or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully established transient
32 units shall be entitled to one unit for each type of unit in existence before January 4, 1996, for use as
33 a ROGO exemption. (Ord. No. 010-2021)
34
35 Policy 101.3.6
36 All public and institutional uses (except hospital rooms) that predominately serve the County's
37 non-transient population and which house temporary residents shall be subject to the Permit
38 Allocation System for residential development, except upon factual demonstration that such
39 transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation
40 clearance time of Monroe County.
41 Objective 101.17
42 Monroe County shall protect established rights of landowners affected by the provisions of this Plan
43 or the land development regulations; and, therefore adopts the following policies for the
44 determination of vested rights and beneficial use.
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I Policy 101.17.4
2 BENEFICIAL USE
3 1. It is the policy of Monroe County to ensure that neither the provisions of this Plan nor the LDC
4 shall result in an unconstitutional taking of private property. Accordingly, Monroe County shall
5 adopt a beneficial use procedure to provide a means to resolve a landowner's claim that a land
6 development regulation or comprehensive plan policy has had an unconstitutional effect on
7 property in a nonjudicial forum. For the purpose of this policy, beneficial use shall mean the
8 minimum use of the property necessary to avoid the finding of a regulatory taking under current
9 land use case law.
10 2. The relief to which an owner shall be entitled may be provided through the use of one or a
11 combination of the following:
12 a) granting of a permit for development which shall be deducted from the Permit Allocation
13 System;
14 b) granting of use of transferable development rights (TDRs);
15 c) Government purchase offer of all or a portion of the lots or parcels upon which there is no
16 beneficial use. This alternative shall be the preferred alternative when beneficial use has been
17 deprived by application of Chapter 138 of the Land Development Code. This alternative shall
18 be the preferred alternative for Tier I, II, or III-A(SPA) lands;
19 d) such other relief as the County may deem appropriate and adequate.
20 The relief granted shall be the minimum necessary to avoid the finding of a regulatory taking of
21 the property under state and federal law.With respect to the relief granted pursuant to this policy
22 or Policy 101.7.1 (Administrative Relief), a purchase offer shall be the preferred form of relief
23 for any land within Tier I and Tier II, or Tier III-A (SPA).
24 3. Development approved pursuant to a beneficial use determination shall be consistent with all other
25 objectives and policies of the Plan and LDC unless specifically exempted from such requirements
26 in the final beneficial use determination.
27 4. This policy is not intended to provide relief related to regulations promulgated by agencies other
28 than the county or to provide relief for claims that are not cognizable in court at the time of
29 application of this policy. Further, the procedures established for this policy are not intended, nor
30 do they create, a judicial cause of action.
31 5. The land development regulations shall establish standards, procedures, and remedies for an
32 administrative determination of beneficial use.
33
34 GOAL 601
35 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
36 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
37 population based on type, tenure characteristics, unit size and individual preferences. [F.S. §
38 163.3177(6)(f)1., 3.1
39
40 Policy 601.1.1
41 Monroe County shall maintain land development regulations, in conjunction with the Permit
42 Allocation System, for apportioning future affordable housing development.
43
44 Policy 601.1.4
45 All affordable housing projects which receive development benefits from Monroe County,including
46 but not limited to,ROGO allocation award(s)reserved for affordable housing,maximum net density,
47 or donations of land, shall be required to maintain the project as affordable for a period of 99 years
48 pursuant to deed restrictions or other mechanisms specified in the Land Development Code, and
49 administered by Monroe County or the Monroe County Housing Authority.
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1
2 Policy 601.1.9
3 Monroe County shall maintain land development regulations which may include density bonuses,
4 impact fee waiver programs, and other possible regulations to encourage affordable housing.
5
6 Objective 601.3
7 Monroe County shall continue implementation efforts to eliminate substandard housing and to
8 preserve, conserve and enhance the existing housing stock, including historic structures and sites.
9 [F.S. § 163.3177(6)(f)l., 3.]
10
11 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
12 Area, Section 380.0552(7), Florida Statutes.
13
14 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
15 principles for guiding development and any amendments to the principles, the principles shall be
16 construed as a whole and no specific provision shall be construed or applied in isolation from the other
17 provisions.
18 (a) Strengthening local government capabilities for managing land use and development so that local
19 government is able to achieve these objectives without continuing the area of critical state
20 concern designation.
21 (b) Protecting shoreline and benthic resources,including mangroves, coral reef formations, seagrass
22 beds, wetlands, fish and wildlife, and their habitat.
23 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
24 tropical vegetation(for example,hardwood hammocks and pinelands), dune ridges and beaches,
25 wildlife, and their habitat.
26 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
27 development.
28 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
29 Keys.
30 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment,
31 and ensuring that development is compatible with the unique historic character of the Florida
32 Keys.
33 (g) Protecting the historical heritage of the Florida Keys.
34 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
35 major public investments, including:
36 1. The Florida Keys Aqueduct and water supply facilities;
37 2. Sewage collection, treatment, and disposal facilities;
38 3. Solid waste treatment, collection, and disposal facilities;
39 4. Key West Naval Air Station and other military facilities;
40 5. Transportation facilities;
41 6. Federal parks, wildlife refuges, and marine sanctuaries;
42 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
43 8. City electric service and the Florida Keys Electric Co-op; and
44 9. Other utilities, as appropriate.
45 (i) Protecting and improving water quality by providing for the construction, operation,
46 maintenance, and replacement of stormwater management facilities; central sewage collection;
47 treatment and disposal facilities; and the installation and proper operation and maintenance of
48 onsite sewage treatment and disposal systems.
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I (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
2 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
3 403.086(10), as applicable, and by directing growth to areas served by central wastewater
4 treatment facilities through permit allocation systems.
5 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
6 Keys.
7 (1) Making available adequate affordable housing for all sectors of the population of the Florida
8 Keys.
9 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
10 natural or manmade disaster and for a postdisaster reconstruction plan.
11 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
12 maintaining the Florida Keys as a unique Florida resource.
13 (o) Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
14 with the Principles for Guiding Development as a whole and is not inconsistent with any
15 Principle.
16
17 C. The proposed amendment is consistent with the Part 11 of Chapter 163, Florida Statute (F.S.).
18 Specifically, the amendment furthers:
19
20 163.3161(4),F.S. —It is the intent of this act that local governments have the ability to preserve and
21 enhance present advantages; encourage the most appropriate use of land, water, and resources,
22 consistent with the public interest; overcome present handicaps; and deal effectively with future
23 problems that may result from the use and development of land within their jurisdictions. Through
24 the process of comprehensive planning, it is intended that units of local government can preserve,
25 promote, protect, and improve the public health, safety, comfort, good order, appearance,
26 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
27 efficient provision of transportation,water, sewerage, schools,parks,recreational facilities,housing,
28 and other requirements and services; and conserve, develop, utilize, and protect natural resources
29 within their jurisdictions.
30
31 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal
32 status set out in this act and that no public or private development shall be permitted except in
33 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
34 conformity with this act.
35
36 163.3177(l),F.S. —The comprehensive plan shall provide the principles, guidelines, standards, and
37 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
38 development of the area that reflects community commitments to implement the plan and its
39 elements. These principles and strategies shall guide future decisions in a consistent manner and
40 shall contain programs and activities to ensure comprehensive plans are implemented. The sections
41 of the comprehensive plan containing the principles and strategies, generally provided as goals,
42 objectives, and policies, shall describe how the local government's programs, activities, and land
43 development regulations will be initiated, modified, or continued to implement the comprehensive
44 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing
45 regulations in the comprehensive plan but rather to require identification of those programs,
46 activities, and land development regulations that will be part of the strategy for implementing the
47 comprehensive plan and the principles that describe how the programs, activities, and land
48 development regulations will be carried out. The plan shall establish meaningful and predictable
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I standards for the use and development of land and provide meaningful guidelines for the content of
2 more detailed land development and use regulations.
3
4 163.3177(6)(f), F.S. — 1. A housing element consisting of principles, guidelines, standards, and
5 strategies to be followed in:
6 a. The provision of housing for all current and anticipated future residents of the jurisdiction.
7 b. The elimination of substandard dwelling conditions.
8 c. The structural and aesthetic improvement of existing housing.
9 d. The provision of adequate sites for future housing, including affordable workforce housing
10 as defined in s. 380.0651(1)(h), housing for low-income, very low-income, and moderate-
11 income families, mobile homes, and group home facilities and foster care facilities, with
12 supporting infrastructure and public facilities. The element may include provisions that
13 specifically address affordable housing for persons 60 years of age or older. Real property
14 that is conveyed to a local government for affordable housing under this sub-subparagraph
15 shall be disposed of by the local government pursuant to s. 125.379 or s. 166.0451.
16 e. Provision for relocation housing and identification of historically significant and other
17 housing for purposes of conservation,rehabilitation, or replacement.
18 £ The formulation of housing implementation programs.
19 g. The creation or preservation of affordable housing to minimize the need for additional local
20 services and avoid the concentration of affordable housing units only in specific areas of the
21 jurisdiction.
22
23 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
24 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be
25 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
26 development of lands and waters within an area. It is the intent of this act that the adoption and
27 enforcement by a governing body of regulations for the development of land or the adoption and
28 enforcement by a governing body of a land development code for an area shall be based on,be related
29 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
30
31 420.0004, F.S. —Definitions. As used in this part, unless the context otherwise indicates:
32 (1) "Adjusted for family size" means adjusted in a manner which results in an income eligibility
33 level which is lower for households with fewer than four people, or higher for households
34 with more than four people, than the base income eligibility determined as provided in
35 subsection (9), subsection (11), subsection (12), or subsection (17), based upon a formula as
36 established by the United States Department of Housing and Urban Development.
37 (2) "Adjusted gross income" means all wages, assets, regular cash or noncash contributions or
38 gifts from persons outside the household, and such other resources and benefits as may be
39 determined to be income by the United States Department of Housing and Urban
40 Development, adjusted for family size, less deductions allowable under s. 62 of the Internal
41 Revenue Code.
42 (3) "Affordable" means that monthly rents or monthly mortgage payments including taxes,
43 insurance, and utilities do not exceed 30 percent of that amount which represents the
44 percentage of the median adjusted gross annual income for the households as indicated in
45 subsection (9), subsection (11), subsection (12), or subsection (17).
46 (4) "Corporation"means the Florida Housing Finance Corporation.
47 (5) "Community-based organization" or "nonprofit organization" means a private corporation
48 organized under chapter 617 to assist in the provision of housing and related services on a not-
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I for-profit basis and which is acceptable to federal and state agencies and financial institutions
2 as a sponsor of low-income housing.
3 (6) "Department" means the Department of Commerce.
4 (7) "Disabling condition" means a diagnosable substance abuse disorder, serious mental illness,
5 developmental disability, or chronic physical illness or disability, or the co-occurrence of two
6 or more of these conditions, and a determination that the condition is:
7 (a) Expected to be of long-continued and indefinite duration; and
8 (b) Not expected to impair the ability of the person with special needs to live
9 independently with appropriate supports.
10 (8) "Elderly" describes persons 62 years of age or older.
11 (9) "Extremely-low-income persons" means one or more natural persons or a family whose total
12 annual household income does not exceed 30 percent of the median annual adjusted gross
13 income for households within the state. The Florida Housing Finance Corporation may adjust
14 this amount annually by rule to provide that in lower income counties, extremely low income
15 may exceed 30 percent of area median income and that in higher income counties, extremely
16 low income may be less than 30 percent of area median income.
17 (10) "Local public body" means any county, municipality, or other political subdivision, or any
18 housing authority as provided by chapter 421, which is eligible to sponsor or develop housing
19 for farmworkers and very-low-income and low-income persons within its jurisdiction.
20 (11) "Low-income persons" means one or more natural persons or a family, the total annual
21 adjusted gross household income of which does not exceed 80 percent of the median annual
22 adjusted gross income for households within the state, or 80 percent of the median annual
23 adjusted gross income for households within the metropolitan statistical area(MSA) or, if not
24 within an MSA,within the county in which the person or family resides,whichever is greater.
25 (12) "Moderate-income persons" means one or more natural persons or a family, the total annual
26 adjusted gross household income of which is less than 120 percent of the median annual
27 adjusted gross income for households within the state, or 120 percent of the median annual
28 adjusted gross income for households within the metropolitan statistical area(MSA) or, if not
29 within an MSA,within the county in which the person or family resides,whichever is greater.
30 (13) "Person with special needs" means an adult person requiring independent living services in
31 order to maintain housing or develop independent living skills and who has a disabling
32 condition; a young adult formerly in foster care who is eligible for services under
33 s. 409.1451(5); a survivor of domestic violence as defined in s. 741.28; or a person receiving
34 benefits under the Social Security Disability Insurance (SSDI) program or the Supplemental
35 Security Income (SSI)program or from veterans' disability benefits.
36 (14) "Student"means any person not living with his or her parent or guardian who is eligible to be
37 claimed by his or her parent or guardian as a dependent under the federal income tax code and
38 who is enrolled on at least a half-time basis in a secondary school, career center, community
39 college, college, or university.
40 (15) "Substandard"means:
41 (a) Any unit lacking complete plumbing or sanitary facilities for the exclusive use of the
42 occupants;
43 (b) A unit which is in violation of one or more major sections of an applicable housing
44 code and where such violation poses a serious threat to the health of the occupant; or
45 (c) A unit that has been declared unfit for human habitation but that could be rehabilitated
46 for less than 50 percent of the property value.
47 (16) "Substantial rehabilitation" means repair or restoration of a dwelling unit where the value of
48 such repair or restoration exceeds 40 percent of the value of the dwelling.
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1 (17) "Very-low-income persons" means one or more natural persons or a family, not including
2 students, the total annual adjusted gross household income of which does not exceed 50
3 percent of the median annual adjusted gross income for households within the state, or 50
4 percent of the median annual adjusted gross income for households within the metropolitan
5 statistical area (MSA) or, if not within an MSA, within the county in which the person or
6 family resides, whichever is greater.
7
8 420.502, F.S. —Legislative findings.-
9 (8)(b) It is necessary to create a state housing finance strategy to provide affordable workforce
10 housing opportunities to essential services personnel in areas of critical state concern designated
11 under s. 380.05, for which the Legislature has declared its intent to provide affordable housing, and
12 areas that were designated as areas of critical state concern for at least 20 consecutive years before
13 removal of the designation. The lack of affordable workforce housing has been exacerbated by the
14 dwindling availability of developable land, environmental constraints, rising construction and
15 insurance costs, and the shortage of lower-cost housing units. As this state's population continues to
16 grow, essential services personnel vital to the economies of areas of critical state concern are unable
17 to live in the communities where they work, creating transportation congestion and hindering their
18 quality of life and community engagement.
19
20 420.503, F.S. —Definitions.
21 (19) "Essential services personnel" means natural persons or families whose total annual
22 household income is at or below 120 percent of the area median income, adjusted for household size,
23 and at least one of whom is employed as police or fire personnel, a child care worker, a teacher or
24 other education personnel, health care personnel, a public employee, or a service worker.
25
26 420.5095, F.S. Community Workforce Housing Loan Program.
27 (1) The Legislature finds and declares that recent rapid increases in the median purchase price
28 of a home and the cost of rental housing have far outstripped the increases in median income
29 in the state, creating the need for innovative solutions for the provision of housing
30 opportunities.
31 (2) The Community Workforce Housing Loan Program is created to provide workforce housing
32 for persons affected by the high cost of housing.
33 (3) For purposes of this section, the term "workforce housing" means housing affordable to
34 natural persons or families whose total annual household income does not exceed 80 percent
35 of the area median income, adjusted for household size, or 120 percent of area median
36 income, adjusted for household size, in areas of critical state concern designated under
37 s. 380.05,for which the Legislature has declared its intent to provide affordable housing, and
38 areas that were designated as areas of critical state concern for at least 20 consecutive years
39 before removal of the designation.
40 (4) The Florida Housing Finance Corporation is authorized to provide loans under the program
41 to applicants for construction of workforce housing.
42 (5) The corporation shall establish a loan application process under s. 420.5087.
43 (6) Projects must be given priority consideration for funding if the local jurisdiction has adopted,
44 or is committed to adopting, appropriate regulatory incentives, local contributions or
45 financial strategies, or other funding sources to promote the development and ongoing
46 financial viability of such projects. Local incentives include such actions as expediting
47 review of development orders and permits, supporting development near transportation hubs
48 and major employment centers,and adopting land development regulations designed to allow
49 flexibility in densities, use of accessory units, mixed-use developments, and flexible lot
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I configurations.Financial strategies include such actions as promoting employer-assisted housing
2 programs,providing tax increment financing, and providing land.
3 (7) The corporation shall award loans with a 1 percent interest rate for a term that does not exceed
4 15 years.
5 (8) The corporation may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this
6 section.
7
8 125.01055, F.S. - Affordable housing.
9 (1) Notwithstanding any other provision of law, a county may adopt and maintain in effect any
10 law, ordinance,rule, or other measure that is adopted for the purpose of increasing the supply
11 of affordable housing using land use mechanisms such as inclusionary housing or linkage fee
12 ordinances.
13
14 VI. PROCESS
15
16 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
17 Planning Commission, the Director of Planning, or the owner or other person having a contractual
18 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
19 process applications as they are received and pass them onto the Development Review Committee and
20 the Planning Commission.
21
22 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
23 the application, the reports and recommendations of the Department of Planning & Environmental
24 Resources and the Development Review Committee and the testimony given at the public hearing. The
25 Planning Commission shall submit its recommendations and findings to the Board of County
26 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
27 comprehensive plan amendment, and considers the staff report, staff recommendation,and the testimony
28 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land
29 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews
30 the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt
31 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with
32 changes or not adopt the amendment.
33
34
35 VII. STAFF RECOMMENDATION
36
37 Staff recommends approval of the proposed amendment.
38
39 VIII.EXHIBITS
40
41 1. Draft Ordinance
42 2. May 2, 2018, Governor Rick Scott press release outlining an initiative to the Florida Department
43 of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative.
44 3. DEO Preliminary draft language based on the minimum requirements.
45 4. Ordinance No. 005-2021
46 5. FloridaCommerce November 4, 2025, letter
BOCC 04.15.2026 Page 27 of 27
File 2025-220
Exhibit 1
Cu"GOVERNOR
R IC'K, S'
T T
FOR IMMEDIATE RELEASE CONTACT: GOVERNOR'S PRESS OFFICE
May 2, 2018 (850)717-9282
ironedii ..@eo „imytloiriida„coins
Gov. Scott Directs DEO to Enhance Workforce Housing in the
Florida Keys
TALLAHASSEE, Fla. — Governor Scott today directed the Department of Economic Opportunity
(DEO) to propose enhanced workforce housing in the Florida Keys as part of the continued efforts to
recover from the tremendous impact Hurricane Irma had on the Keys. Hurricane Irma destroyed much
of the housing that served the workforce population and the proposed Keys Workforce Housing
Initiative will allow local governments to grant additional building permits for rental properties. This
initiative will be presented to the Florida Cabinet at the next meeting.
Governor Scott said, "Hurricane Irma left a devastating impact on our state, especially in the Florida
Keys and since the storm we have been working hard to rebuild even stronger than before. For
business owners across the Keys, the availability of affordable workforce housing has been a
challenge that was compounded by Hurricane Irma. The Keys Workforce Housing Initiative will provide
much-needed access to workforce housing, allowing businesses the opportunity to grow while
providing a plan to ensure Keys residents can evacuate safely before a storm."
DEO is charged with reviewing local development decisions in the Florida Keys due to its legislative
designation as an Area of Critical State Concern. State law requires that growth be limited in the Keys
to ensure that residents can evacuate safely within 24 hours in advance of a hurricane. To meet the
increased demand for workforce housing, the innovative Keys Workforce Housing Initiative will require
new construction that participates to commit to evacuating renters in the 48-hour window of
evacuation.
The initiative will allow up to 1,300 new building permits for workforce housing throughout the Florida
Keys. Local governments that choose to participate in the initiative will work with DEO to amend their
comprehensive plans to allow for additional building permits that meet these safety requirements.
Cissy Proctor, Executive Director of DEO, said, "As I have toured the damage from Hurricane Irma,
the number one priority of business and community leaders is the need for more workforce housing.
We are proud to provide an option to local governments that will help businesses have the talent they
need to remain in the Keys and grow their companies. This solution will not only provide workforce
housing for private-sector businesses but public servants, like law enforcement and teachers, as well.
Our agency is committed to working with our partners in the Keys to provide ample workforce housing
without compromising the safety of Floridians. We appreciate our partners at the Florida Division of
Emergency Management for working with us to make sure Keys residents are still able to safely
evacuate."
Representative Holly Raschein said, "Hurricane Irma pushed the affordable housing problem in the
Florida Keys to a critical state, decimating an already strained stock of housing for our workforce.
have discussed this concern with Governor Scott and the Department of Economic Opportunity(DEO)
both in Tallahassee and during the Governor's many visits to the Keys as he's lead us through our
recovery efforts. The plan Governor Scott has directed DEO to bring before Cabinet is a creative
solution to the most pressing recovery challenge still facing the Florida Keys and I encourage all
Cabinet members to support this proposal."
Wes Maul, Director of the Florida Division of Emergency Management, said, "Our agency's primary
goal is the safety of Florida residents during disasters. The Keys Workforce Housing Initiative ensures
the safety of tourists and residents of the Keys during major storms, while allowing critical economic
development activities to continue. We appreciate DEO's partnership in this endeavor."
F!Til
Goal X—Workforce-Affordable Housing Initiative.
To support Monroe County's workforce by alleviating constraints on affordable housing the County shall
participate in the Workforce-Affordable Housing Initiative, as approved during the June 13, 2018 meeting
of the Administration Commission. The Workforce-Affordable Housing Initiative will require new
construction that participates to commit to evacuating renters in the 48-hour window of evacuation.
Objective XX—Provide Workforce-Affordable Housing Building Permit Allocations.
The County shall establish a new limited category (needs a name-Phase One Affordable
(POA)????) for 300 workforce-affordable building permit allocations to participate in the
Workforce-Affordable Housing Initiative. These allocations are in addition to the maximum
allocations identified in Rules 28-18, Florida Administrative Code. The County shall be
responsible for the management, distribution, and enforcement of requirements associated with
the POA allocations. Monroe County shall ensure adherence to these requirements through
implementing the policies of this objective.
Policy X.1.1—Distribution of Workforce-Affordable Housing Allocations. Workforce-
affordable housing allocations shall be distributed in accordance with (insert policy
describing BPAS ranking procedures or ranking procedures specific to POA).
Policy X.1.2 - Specific Standards and Requirements for Workforce-Affordable Housing.
Workforce-affordable housing units built under this program shall:
a. be multifamily structures;
b. be rental units;
c. require, at a minimum, adherence to the latest edition of the Florida Building
Code as published by the Florida Building Commission;
d. not be placed in the V-Zone or within the Coastal Barrier Resource Systems;
e. require on-site property management;
f. comply with applicable locational criteria and densities for multifamily
affordable housing units;
g. incorporate sustainable and resilient design principles into the overall site
design;
h. ensure accessibility to employment centers and amenities;
i. require deed-restrictions ensuring:
i. the property remains workforce-affordable housing in perpetuity;
ii. tenants evacuate during the period in which transient units are
required to evacuate;
iii. rental agreements contain a separate disclosure requiring renters to
acknowledge that failure to adhere to the evacuation requirement
could result in severe penalties, including eviction, to the resident;
iv. onsite property managers are formally trained in evacuation
procedures.
Policy X.1.3—Evacuation exemptions. Persons living in workforce-affordable housing
who are exempt from evacuation requirements of Policy X.1.2.1.1 include all first
responders, correction officers, health care professionals, or other first-response workers
required to remain during an emergency, provided the person claiming exemption under
this policy has faithfully certified their status with property management.
Policy X.1.4—ADA Compliance. All workforce-affordable housing developments must
demonstrate compliance with all applicable federal standards for accessibility for persons
with disabilities.
PolicyX.1.4-Evaluation and Report. Monroe County shall Local governments participating in the
program shall provide to the state land planning agency an Annual Report by July 1 (or January 1???)
of each year indicating the number of workforce-affordable units built, occupancy rates, and
compliance with the requirement to evacuate the units in the Phase I evacuation.
1 '� -
2
3
4
5
6 MONROE COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO.005-2021
10
11 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE FUTURE
14 LAND USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH
15 A NEW BUILDING PERMIT ALLOCATION CATEGORY TO ACCEPT
16 AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION
17 UNIT BUILDING PERMIT ALLOCATIONS PURSUANT TO THE
18 WORKFORCE-AFFORDABLE HOUSING INITIATIVE (WORKFORCE
19 INITIATIVE) AUTHORIZED BY THE FLORIDA ADMINISTRATION
20 COMMISSION AND THE FLORIDA DEPARTMENT ECONOMIC
21 OPPORTUNITY BY AMENDING AS WELL AS CLARIFYING POLICIES
22 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1,
23 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1 AND CREATING NEW POLICY
24 10i.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE INITIATIVE
25 REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING
26 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
28 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
29 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE
30 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE NO. 2020-067)
31
32
33 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
34 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
35 health, safety. and welfare of the County's citizens; and
36
37 WHEREAS, Florida Statute § 380.0552., the Florida Keys Area protection and
38 designation as area of critical state concern,establishes the intent to"ensure that the population of
37 the Florida Keys can be safely evacuated", Florida Statute § 380.0552(2)0), and requires that
40 amendments to each local government's comprehensive plan to include "goals, objectives, and
41 policies" to protect public safety and welfare in the event of a natural disaster by maintaining a
42 hurricane evacuation clearance time for permanent residents of no more than 24 hours; and
43
44 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth
45 Ordinance ("ROGO") in order to provide for the safety of residents in the event of a hurricane
46 evacuation and to protect the significant natural resources of Monroe County, as required by the
47 State of Florida; and
Ordinance No. 2021 Page t of 20
File 2020-067
1
2 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an
3 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
4 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance allocations ("ROGO
5 allocations") throughout the Florida Keys for rental workforce housing, with a condition that the
6 rental occupants evacuate in the early phase(48-hour window)of a hurricane evacuation; and
7
8 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the
9 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the
10 existing staged evacuation plan)can be accomplished in 17.5 hours, leaving additional capacity of
11 6.5 hours in Phase I; and
12
13 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited
14 by geographic and environmental features,housing supply limited by controlled growth(including
15 but not limited to the Rate of Growth Ordinance) and a tourism economy with a prevalence of
16 lower paying service-sector employment; and
17
18 WHEREAS, the need to protect and preserve an adequate inventory of
19 affordable/workforce accessible housing is a continual as well as a growing challenge in the
20 Florida Keys,particularly after the impacts of Hurricane Irma which caused significant damage to
21 housing units throughout the Florida Keys; and
22
23 WHEREAS,on September 19,2018,the Monroe County Board of County Commissioners
24 ("BOCC", "Monroe County", or the "County") directed County staff to draft proposed policy
25 alternatives to the State's Keys Workforce Housing Initiative that address several concerns raised
26 related to the enforceability of the evacuation provisions; and
27
28 WHEREAS, on January 30, 2019, the BOCC considered options to accept the 300 units
29 but took no official action; and
30
31 WHEREAS, on January 22, 2020, the BOCC directed staff to prepare an agenda item to
32 discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land
33 Development Code amendments to: D Move a portion of market-rate ROGO units to the
34 affordable housing allocation pool and/or 2)Accept the 300 Workforce Housing units offered by
35 the Department of Economic Opportunity required to evacuate in Phase 1 of the Hurricane
36 Evacuation model; and
37
38 WHEREAS,on February 19,2020,the BOCC discussed whether to direct staff to process
34 a-comprehensive plan and land development code amendment to: _U Move a portion of the 378
40 remaining Market Rate-Rate of Growth Ordinance(ROGO)units through 2026 to the Affordable
41 Housing allocation pool and/or 21 Accept the 300 Workforce Housing units offered by the DEO
42 required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide on
43 the potential shifting of market rate allocations to the affordable housing pool but did direct staff
44 to start the process to accept the 300 workforce housing units; and
45
46 WHEREAS,on July 15, 2020,during a discussion item on potentially shifting market rate
47 allocations to the affordable housing pool, the BOCC provided further direction to staff' on
Ordinance No.005-2021 Page 2 of 20
FiIc 2020-067
1 accepting the 300 workforce housing early evacuation unit building permit allocations.The BDCC
2 directed: Accept the 300 workforce housing early evacuation unit building permit allocations to
3 be used in exchange for existing affordable allocations at multifamily developments (for
4 developers that agree to the early evacuation restriction) and the affordable housing allocations
5 returned to the County(returned in the exchange)be set aside and banked for takings cases (bank
6 them within an administrative relief pool); and
7
8 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
9 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
10 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
11 manage land use and development; and
12
13 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
14 considered the proposed amendments at a regularly scheduled meeting held on the August 25,
15 2020; and
16
17 WHEREAS, at a regularly scheduled meeting held on October 28, 2020, the Monroe
18 County Planning Commission held a public hearing for the purpose of considering the proposed
19 amendment and provided for public comment; and
20
21 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-20,
22 recommending approval for the proposed amendment, with edits identified in the resolution for
23 Policies 101.2.2, 101.3.10 and 101.3.12; and
24
25 WHEREAS,the Monroe County Board of County Commissioners is authorized by Florida
26 Statute § 125.01(1)(h).,to establish, coordinate and enforce zoning and such business regulations
27 as are necessary for the protection of the public; and
28
29 WHEREAS, at a regularly scheduled meeting held on January 20, 2021, the Monroe
30 County Board of County Commissioners held a public hearing, considered the County's
31 professional staff report, and provided for public comment and public participation in accordance
32 with the requirements of state law and the procedures adopted for public participation in the
33 planning process; and
34
35 WHEREAS,at the January 20,2021,public hearing,the Monroe County Board of County
36 Commissioners voted to transmit the proposed amendments to the Department of Economic
37 Opportunity to review the proposal, with a modification to Policy 101.3.12 to eliminate the
38 requirement for a development agreement; instead requiring a resolution approving a contract;and
39 -- -
40 WHEREAS, at the January 20, 2021, public hearing, the BDCC adopted Resolution No.
41 041-2021, transmitting the proposed text amendment to the State Land Planning Agency; and
42
43 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
44 Objections, Recommendations and Comments("ORC")report,received by the County on March
45 30, 2021; and
46
Ordinance No.005-2021 Page 3 of 20
File 2020-067
1 WHEREAS,the ORC report stated that"the Department[of Economic Opportunity] does
2 not identify any objections or comments to the proposed amendment"; and
3
4 WHEREAS, Monroe County has 180 days from the date of receipt of the ORC report to
5 adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment;
6 and
7
8 WHEREAS,at a regularly scheduled meeting on April 21,2021,the BOCC held a public
9 hearing to consider adoption of the proposed Comprehensive Plan text amendment; and
10
11 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
12 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
13 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
14 manage land use and development; and
15
16 WHEREAS, based upon the documentation submitted and information provided in the
17 accompanying professional staff report, the Monroe County Board of County Commissioners
18 makes the following findings of fact and conclusions of law:
19
20 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
21 Monroe County Year 2030 Comprehensive Plan; and
22 2. The proposed amendment is consistent with the Principles for Guiding Development for
23 the Florida Keys Area of Critical State Concern, Florida Statute § 380.0552(7); and
24 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
28
29 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
30 legislative intent are true and correct and are hereby incorporated as if fully stated herein.
31
32 Section 2. The Monroe County Comprehensive Plan is hereby amended as follows:
33
Proposed Amendment: deletions are str-ieken 4weuo; additions are shown in underlined.
34
35 Objective 101.2
36 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
37 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
38 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
39 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
40 adopted between the County and all the municipalities and the State agencies.
41
42 Policy 101.2.1
43 Monroe County shall maintain a memorandum of understanding with the State Land
44 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
45 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
Ordinance No. 005-2021 Page 4 of 20
File 2020-067
I data and analysis,the input variables and assumptions, including regional considerations,
2 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
3 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
4 clearance times for the population of the Florida Keys.
5
6 Policy 101.2.2
7 Monroe County shall coordinate with all the municipalities, the State Land Planning
8 Agency and Division of Emergency Management to update the variables and assumptions
9 for the evacuation clearance time modeling and analyses of the build-out capacity of the
10 Florida Keys Area of Critical State Concern based upon the release of the decennial
11 Census data. Pursuant to the 2012 completed hurricane evacuation clearance time
12 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
13 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
14 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
15 maintaining an evacuation clearance time of 24 hours.The County-A411 adopted a slower
16 rate of annual allocations for market rate development to extend the allocation timeframe
17 to 20262r� without exceeding the total of 1,970 allocations (see Policy 101.3.2). The
18 County shall reevaluate the annual RGGO allocation rate based on: 1) statutory changes
19 for hurricane evacuation clearance time requirement standards; 2) new hurricane
20 evacuation modeling by the State Land Planning Agency and Division of Emergency
21 Management; and 3)a new or revised memorandum of understanding with the State Land
22 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
23 West, Key Colony Beach and Layton (see Policy 101.2.1).
24
25 h`otwitlistanding the tore,,,oing and pursuittit to i'olicies 101.3.2 101.3.3 and 101 .3.12
26 Monroe County_ shall establish a ncNv allocation category to accept and a«;ard 300
27 W(Vo OI-Ce housing eZlrly evacuation unit building perinit allocations put_suilnt to the
28 Workforce-Affordable Housing; Initlatlye JI'olicy 101.3.12 Workforce IniIiative). These
29 allocations are in addition to the iliaximum allocations identified in Rules 28-20, F,A—C-,
30 itld shall be required to eVacuate in Phase I of the 48-111' e. ileuatlon of a pcntllngmajor
31 llurricanc.
32
33 Policy 10I.2.3
34 The County will consider capital improvements based upon the need for improved
35 hurricane evacuation clearance times. The County will coordinate with the FDOT, the
36 state agency which maintains U.S.1, to ensure transportation projects that improve
37 clearance times are prioritized.
38
39 - -- Policy 101.2.4
40 In the event of a pending major hurricane (Category 3-5) Monroe County shall
41 implement the following staged/phased evacuation procedures to achieve and maintain
42 an overall 24-hour hurricane evacuation clearance time for the resident population.
43 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
44 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
45 vessels(transient and non-transient),Hiid military personnel and units approved. and
46 dectl restricted as workforce housing early eWICW3l-loil Units from the Florida Keys
Ordinance No. 005-2021 Page 5 of 20
File 2020-067
1 shall be initiated. State parks and campgrounds should be closed at this time or sooner
2 and entry into the Florida Keys by non-residents should be strictly limited.
3 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
4 of mobile home residents, special needs residents, and hospital and nursing home
5 patients from the Keys shall be initiated.
6 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
7 evacuation of permanent residents by evacuation zone (described below) shall be
8 initiated. Existing evacuation zones are as follows:
9 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge(MM 1-6)
10 b)Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40)
11 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
12 63)
13 d)Zone 4-West end of Long Key Bridge to CR 905 and CR 905A intersection (MM
14 63-106.5 and MM 1-9.5 of CR 905)
15 e) Zone 5 -905A to, and including Ocean Reef(MM 106.5-126.5)
16
17 The actual sequence of the evacuation by zones will vary depending on the individual
18 storm. The concepts embodied in this staged evacuation procedures should be embodied
19 in the appropriate County operational Emergency Management Plans.
20
21 The evacuation plan shall be monitored and updated on an annual basis to reflect
22 increases,decreases and or shifts in population; particularly the resident and non-resident
23 populations.
24
25 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
26 of allocations to more than 197 residential units a year, except for affordable housing.
27 Any increase in the number of allocations shall be for affordable housing. Monroe County
28 hereby accepts 300 work fiorceIafltordable) housing early evacuation unit hU1Id ngPern1_it
29 allocaliolls pursuant to the Workftorc e-Aiibrdable Housing Initiative Toiler 1(]1.3.12
30 Workl'orc:c Initiative authorized by the Florida Administration Commission and the
31 Florida ❑epartmeiit Economic Opyoilullity. These allociltlops are in addition to the
32 111axi111un1 allocations idel7tified in Rules 28-20 F.A.C.. shall be restricted to rental
33 occu oancv ftir those who derive at least 70''4,of their income as members of the work force
34 in Monroe Count�w ho_meet the aflbrdahle 110usi11g islcome categories of the Monroe
35 County Latid Development Code. The allocations shall he required to eWICUElte in Phase
36 1 of the 48-hr evaCu211011 01 a .elld111g, maior hurricane. No new additional residential
37 dwellitig unit allocations shall be authorized within the Phase 1 of'the 48-1ir evacuation
38 unless approved acid provided by the Florida Administration Commission and the Florida
3� De xinment Economic Oppoilullity lifter review of 11111-1-1Calle evacuation 111odelllig, results
40 by the Stale Land Pli3illlln Agerocy and the Division_of' Emergency Managcmclit oi'
41 avi3llable e1'acuatioii capacity wid it review of the level of service and malllble iapac11V
42 fin-all public fiacilities.
43
44 Objective 101.3
45 Monroe County shall regulate new residential development based upon the finite carrying
46 capacity of the natural and man-made systems and the growth capacity while maintaining a
47 maximum hurricane evacuation clearance time of 24 hours.
Ordinance No. 005-2021 Page 6 of 20
File 2020-067
1
2 Policy 101.3.1
3 Monroe County shall maintain a Permit Allocation System for new residential
4 development known as the Residential Rate of Growth Ordinance(ROGO) System. The
5 Permit Allocation System shall limit the number of permits issued for new residential
6 dwelling units. The ROGO allocation system shall apply within the unincorporated area
7 of the county, excluding areas within the county mainland and within the Ocean Reef
8 planned development (Future development in the Ocean Reef planned development is
9 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
10 recognized and issued by the Department of Community Affairs). New residential
11 dwelling units included in the ROGO allocation system include the following: affordable
12 housing units; market rate dwelling units; mobile homes; a+R4 institutional residential
13 units(except hospital roams)- and worklifrce liousing early ev,[cuation units.
14
15 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
16 a distinct location, and therefore cannot be accounted for in the County's hurricane
17 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
18 or associated wet slips be transferred upland or converted to a dwelling unit of any other
19 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
20 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
21 Exemption).
22
23 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
-24 units; and seasonal residential units are subject to Policy 101.3.5.
25
26 Policy 101.3.2
27 The number of permits issued for residential dwelling units under the Rate of Growth
28 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
29 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
30 ROGO year and 00 w ork10rce housi11 9 early e.'acuation_unit bui[dingpernnit allocations
31 authorized by the Florida Administration Commission and tiic Florida Department
32 l'connmic OPL101tu nit y. A ROGO year means the twelve-month period beginning on July
33 13. Market rate allocations shall not to exceed 126 residential units per year. Unused
34 allocations for market rate shall be available for Administrative Relief.
35
36 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity
37 completed the hurricane evacuation clearance time modeling task and found that with 10
38 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation
39 clearance time. This creates challenges for State of Florida and Monroe County as there
40 are 8,168 privately owned vacant parcels[3,979 Tier I; 393 Tier 11,260 Tier 111-A(SPA);
41 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new allocations this may
42 result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits
43 in the future. In recognition of the possibility that the inventory of vacant parcels exceeds
44 the total number of allocations which the State will allow the County to award,the County
45 ado ptcd a slo\N er rate ol'annual allocations for market rate development to extend the
46 allocation timetrame to 2026 and is accepting 300 \vork'force alordable ltousing curly
47 evac:uatiois u«it buiidin = )crniit allocations PUYSUMIt to the Workl«rce-Afl'Ordahle
Ordinance No. 005-2021 Page 7 of 20
File 2020-067
1 linusirl�,' lrlitiaiive [Polio• 101.3.12 Workforce Initiati%,c) authorized by the Florida
2 Administration Commission and the Florida Department Economic Oppoilunity. These
3 NN!orkforce housing carly evaCLM6011 2110Catinns that are in addition to the maxlnlultl
4 buildin,-, perinit_allocati_ons identified in Rules 28-20. F.A.C. The C'ounly will consider
5 adopting an extended timeframe for distribution of the ROGO allocations through 2033
6 with committed financial support from its State and Federal partners. This timeframe can
7 provide a safety net to the County and provide additional time to implement land
8 acquisition and other strategies to reduce the demand for ROGO allocations and help
9 transition land into public ownership.
10
11 The County is actively engaged in acquisitions and is requesting its State and Federal
12 partners for assistance with implementing land acquisitions in Monroe County. The
13 County will allocate the 1,970 new dwelling unit allocations t111-0ugh .1uly 12. 2026
14 it 10 - iimeli-am . If substantial financial support is provided by July 12, 24142023,
15 the County will reevaluate the ROGO distribution allocation schedule and consider an
16 extended timeframe for the distribution of market rate allocations (through a
17 comprehensive plan amendment). Further,the State and County shall develop a mutually
1s agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private
19 Property Rights Protection Act cases, with the State having an active role both directly
20 and financially in the defense of such cases.
21
22 The County shall distribute ROGO allocations by ROGO year, as provided in the table
23 below.
24
Annual Allocation
ROGO Year
Market Rate Affordable Housing Workforce lnitiati-,e
July 13,2013—July 12,2014 126 71
July 13,2014—July 12,2015 126 71
July 13,2015—July 12,2016 126
July 13,2016—July 12,2017 126
NfA
July 13,2017 July 12,2018 126
July 13,2018---July 12,2019 126
July 13, 2019—July 12,2020 126
568 total AFH
July 13,2020—July 12,2021 64 (total available
July 13,2021—July 12,2022 64 immediately)
July 13,2022—July 12,2023 64
July 13,2023—July 12,2024 62 3tu1°
July 13,2024—July 12,2025 62
July 13, 2025—July 12,2026 62
TOTAL 1,260 710* Utl
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through
the Incidental Take Permit(ITP)ending in 2023.
Ordinance No.005-2021 Page 8 of 20
File 2020-067
** Workforce hotising earls eyacuatioti unit allocations shall he available countywide (utiincorlxnrated
couniv) acid distributed on a first-tame lirst-serve basis. Rcuuests for d«clling Units de%eloped and/or(Iced-
restricted utlliziiw, the \voi-kl0rce housinu early evacuation will allocations are_subiect to the provisions of,
Policy 101.3.12.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the
3 annual allocation rate. Monroe County will request a Rule change from the
4 Administration Commission to authorize the above allocation timeframe and rate.
5
6
7
8 Policy 101.3.3
9 Monroe County shall allocate at least 20% of the annual allocation, or as may be
10 established by the State of Florida, pursuant to Administration Commission Rules, to
11 affordable housing units as part of ROGO. Any portion of the allocations not used for
12 affordable housing shall be retained and be made available for affordable housing from
13 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
14 workforce housing early evacuation units shall meet the criteria specified in Policy
15 601.1.4 and the Land Development Code, but shall not be subject to the competitive
16 Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed
17 for affordable housing.or workf'Orce housing earl�, evacuation units shall not be located
18 within an area designated as Tier I as set forth under Goal 105 or within a Tier III-A
19 Special Protection Area as set forth in Policy 205.1.1.
20
21 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
22 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
23 the following criteria:
24 1. The property contains an existing market rate dwelling unit that meets the criteria in
25 LDC Section 138-22(a) and is determined to be exempt from ROGO;
26 2. The proposed replacement affordable dwelling unit meets current Florida Building
27 Code and is not a mobile home;
28 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least
29 99 years as affordable housing pursuant to the standards of the Land Development
30 Code; and
31 4. The proposed site plan for the replacement affordable dwelling unit does not propose
32 any additional clearing of habitat.
33
34 Policy 101.3.4
3S The Permit Allocation System (or Rate of Growth Ordinance) for new residential
36 development shall specify procedures for:
37 1. establishing the annual number of permits for new residential units to be issued during
38 the next ROGO year based upon, but not limited to the following:
39 a. expired allocations and building permits in previous year;
40 b. allocations available,but not allocated in previous year;
41 c. number of allocations borrowed from future quarters;
42 d. vested allocations;
43 e. modifications required or provided by Administration Commission Rules;
Ordinance No. 005-2021 Page 9 of 20
File 2020-067
1 f. modifications required or provided by this plan or agreement pursuant to Chapter
2 380, Florida Statutes; and
3 g. receipt or transfer of affordable housing allocations by intergovernmental
4 agreement; and
5 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
6 Clearance Time Memorandum of Understanding.
7 2. allocation of affordable housing; work Iorce housing early eN acuation units and market
8 rate housing units in accordance with Policicsy 101.3.2 and 101.3.3; and
9 3. timing of the acceptance of applications, evaluation and scoring of applications, and
10 issuance of permits for new residential development during the calendar year.
11
12 Policy 101.3.5
13 Due to the limited number of allocations and the State's requirement that the County
14 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
15 shall prohibit new transient residential allocations for hotel or motel rooms,campground
16 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022.
17 Lawfully established transient units shall be entitled to one unit for each type of unit in
18 existence before January 4, 1996 for use as a ROGO exemption. (Ord. No. 024-2011)
19
20 Policy 101.3.6
21 All public and institutional uses (except hospital rooms) that predominately serve the
22 County's non-transient population and which house temporary residents shall be subject
23 to the Permit Allocation System for residential development, except upon factual
24 demonstration that such transient occupancy is of such a nature so as not to adversely
25 impact the hurricane evacuation clearance time of Monroe County.
26
27
28
29 Policy 101.3.9
30 For those ROGO applications and properties which have not received a ROGO award for
31 four consecutive years and have applied for administrative relief, which are designated
32 Tier I, I1, or IIIA, the County or the State shall offer to purchase the property if funding
33 for such is available. Refusal of the purchase offer shall not be grounds for granting a
34 ROGO award.
35
36 Policy 101.3.10
37 Notwithstanding any other provision of the Plan, except the last sentence of this Policy_
38 101.3.10. bUildilIg [arm allocations utilized for affordable housing projects may be
3-9 pooled and transferred between ROGO sub-areas,excluding the Big Pine/No Name Keys
40 ROGO subarea,and between local government jurisdictions within the Florida Keys Area
41 of Critical State Concern (ACSC). Any such transfer of all'Or(able housing allocations
42 between local government jurisdictions must be accomplished through an interlocal
43 agreement between the sending and receiving local governments. Intedocal agreements
44 that it vok e assigning (Ile C'nuntN"',af]'M-daihle Ilk using_(i���t including all'ordahle housing
45 allocations banked for takings cases) allocations it) c.rim-mg, thielling xniis isilhin it
46 1111r+ricipalill•with a requirement that the associated market rate Rt)GO Bl'AS exemptions
47 be transferred into the unincorporated COL111ty as an exchange for the al ordable llousin�4
Ordinance No.Qa-2021 Page 10 of 20
File 2020-067
1 allm�ations transferred to the nlunlclpality% shall be accolrtp71ish_ed_ through a ininor
2 conditional use pennit approval and shell he subject to the receiver site criteria in Polic:
3 101.6.8 and n7av be transferred to an r subarea xyithin the unincol grated Count y. In no
4 event shall the County (l) pool and transfer workforce housing early evacuation unit
5 allocations between RDGO sub-areas, (2) transfer workforce how�early eWlc_ualicm
6 unit allocations to an(lther 'ovuminent jurisdictioti, 3 receive workforce housing early!
7 evacuation unit huilding allocations from another government jurisdiction or 4 transfer
8 affordable housing, ROGO allocatlonns received by the C'ounly ill exchange for workforce
9 housing early evacuation unit allocations to another government iurisdiction.
10
11
12 Policy 101.3.11
13 Monroe County may receive additional building permit allocations pursuant to the 2012
14 completed hurricane evacuation clearance time modeling and allocation
15 recommendations by the State Land Planning Agency and the Administration
16 Commission's direction that the City of Key West would transfer annually(by July 15th)
17 any remaining unused allocations for that year to the other Florida Keys' local
18 governments based upon the local governments' ratio of vacant land. Any transferred
19 allocations from the City of Key West to Monroe County shall be made available for
20 Administrative Relief. Monroe County may receive, and award 300 bUlldln s perniii
21 allocations desi gnatcd as workforce housing early evacuation units Dursuant to the
22 Workforce-Affordable Housing [nitiative (Policy 101.3.12 Workforce _lnitialive) as
23 provided by the Florida AdnMisti-mlon Commission and the Honda Depann7ent
24 Fconon7ic(]7 7rn-lunity. These allocations that al-e In addtllol7 to the nlaxinlum allocations
25 identified in Rules 28-20_ F.A.C. and shall be re wired to evacuate in Phase 1 of'the 48-
26 hr evacuation Ufa pet7dijig 177a1or hurricane.
27
28 Polic)° 101.3.12
29 Workforce Initialire.To support Monroe Count 's xorkforce by alleviating- constraints
30 on affordable housing, to protect private property rights and address potential liability.
31 the Count , is participating in the Workforce-Affordable Housing, hlitiativc Workforce
32 initiative). as apnroved Burin, the .tune 13, 2019 meeting of the Florida Adim111stratiorl
33 ('oii nnission. Monroe County accepts the 300 workforce housing early evacuation
34 building )omit allocations pursuant to the Workforce-Affordable Housl'n g initiative
35 authorized by the Florida Administration Colnnllsslon and the Florida DCparinient
36 Ecolwmic 01)Ip7ortunity. The Work[Orce-Affordable Housing,_ Initiative_ will require
37 dwtilling units constructed and/or deed resiricted with «yorkforce _housing early
38 evacuation bLiddin s permit allocations to evacuate Deco ants in Phase 1 of the 48-hr
39 evacuation of'a pending n7a or hurricane 7ursua111 to the critcs-ia below.
40
41 l o ]illllelD)iite in the ��'orklorce hiitiativc, Mosu-oc County shall be responsible for the
42 management, distribution, and enforcement of requirements alssoclated with the
43 wolkforce housit7 ,' early evacuation building peralit allocations. h'lollroe Cout}ty shall
44 elisure adherence to these requirements iniplenwiiwiinn of this policy and shall
45 allllually proylLle to the Florida Department Economic 0L)L)ortunityaeport indicaling the
46 number of workforce housing, early eyacuationi units built am or deed restricted,
47 occupancy ralles, and colillflialice with the requirement to e acuate the wiits_in Phase 1 of-
Ordinance No. 005-2021 Page 11 of 20
File 2020-067
1 an t:yacualton._The annual report shall be provided to the State in a timely manner such
2 that the State mav include the information in the required Annual Re ot1 to the Governor
3 and Cab inet on the CountN's progress lo\vard completion cTf its Work Program pursuant
4 to mule 28-20. F.A.C. -
5
6 Dwelling units developed and/or deer] restrictCd UtiliArig the workforce housing early
7 evacuation unit allocations are subject to the fiTllowin�-T,:
8
9 (a) Recluests for workforce housing early evacuation unit allocations shall be available
10 only Ior a 1 for 1 exchange For affordable allocations exemptions and require a
11 reserv-ation via BOCC resolution. The BOCC may. at its discretion, place
12 conditions on any reseryalion as it deems appropriate. The BOCC may, at its
13 discretion exchan gc existing, reserved affordable allocations for allocation~ Llndel'
14 the Workforce Initiative to private development and nonprofit sector partners
15 willing to meet the requirements of the wrn-kfin-ce housing eady evacuation unit
16 allocations. further. the BOCC may, at its discretion a l prove the exchange of
17 existimy deed-restricted affn'dahle housing units lawful affordable exemptions) at
18 existing,multifamily resici niial dcyelopments for allocations under the Workforce
19 Initiative_to]2riyate development and nonprofit sector partners willing to nlec:t the
20 requirements of the work force housin11 earl v evacuation unit allocations.
21 1 The affordable allocations returned to the Count in exchange For workforce
22 housing early_ evacuation unit allocations shall be hanked and used for future
23 administrative relief, beneficial use determinations and to resolve inverse
2-4- condemnation casts and Berl 1- Harris. Jr. Pnvate Property Rights Protection
25 Act cases.
26 (2) To malntain-co1_lslstency with Rule 28-20.140(2)(b), F.A.C-. 111C affordable
27 allocations returned to the Counly shall be maintained as affordable allocations
28 and shall also he returned to the original allbrdable housing category (very
29 lo« low/median income vs. moderate income pool).
30 (3)The workforce housing, early evacuation unit allocations must be utilized based
31 on the Original approved affordable housing income Category or a lesser income
32 Category.
33 (4) Admimstrative relief'n7e:ans actions taken by the Comity_ ranting the owner of
34 real property relief- from the continued application of the Rate of Growth
35 Ordinance (RC GO) restrictions provided they meet the criteria established in
36 the Con1 rehensive Plan and Land Development Code.
37 (5) Beneficial use means the use of property that aIIow s an owner to derive a bevel it
38 or profit in the exercise of-a hasic p ro lerty right. For the 111r ose o I'd iis poIicv
39 beneficial use shall mean the 1111111n1L1111 USe Of the 171'Ol7erty necessary to avoid
40 the finding;ofa regulatory takinT; under current land use arse law-
41 (b) 'HIC Construction off dwelling units, the rcdcvcfopmcnt or the deed restriction of
42 existing; dwelling UT11iS untiring workforcc._housing_ Carly Cvacuatioll unit
43 allocations shall require approval ofa resolution approving a Contract between the:
44 BOCC _and the applicant to t)fiicially exchaTnc:.-the allocations and confil111
45 compliance with the requirements Workforce Initiative within this Policv.
46 (c) _All workforce housing early evacuation units requires a_deed-rest riction ensuring:
47 [1) Before arty buiIding perm it n>ay be issued fir any Structure,portion„or phase of
Ordinance No. 005-2021 Page 12 of 20
File 2020-067
I it project subiect to the Workforce Initiative a restrictive covenant shall he
2 approved by the Planning Director and County Attorney and recorded in the
3 Office of the-Clerk of the County to ensure compliance with the provision of
4 this section running In favor of the County and enforceable by the County and,
5 it' applicable, a participating municipality. The fol€owing requirements shall
6 apply to these restrictive covenants:
7 a. The covenants for any worktbrce housing early evacuation units shall he
8 effective for 99 years.
9 h_, "rile Covenams shall not ConlmenCe rulltlill until a certificate of occu pancy
10 has been issued by the Building Official fire the dWellill T L€ lllit 01'dW_ellillg
11 units to which the covenant or covenants apply.
12 c. For existing, dwelling units that are deed-restricted as workforce housing
13 early evacuation units, the covenants shall commence running upon
14 recordation in the Official Records of'Monroe County.
15 (2) The covenants shall require chat the workforce housing f early evacuation Ulllts
16 to be restricted to rental occupancy for those who derive at least 70% of their
17 income as members of' the wol-kfol-ce in Monroe County and xyho meet the
18 affordable housing; income categories of the Monroe County Land
19 Deve loLmienf Codc. The occupants are required to Annually verily their
20 employment and income eligibility.
21 (3) The covenants shall require occupants„to evacuate in Phase 1 of the 48-hr
22 evacuation cif a pending major hurricane. Persons living in the; w•orkljorcc
23 housinn--early_ e_v acuation units who may he exemplcd From e acuatio1l
24 rec Uirements are limited to law enforcement. correctional and fire ersonnel
25 health dire personnel. and public employees with emergency management
26 responsibilities. It' there is an occupant that indicates their employment is
27 considered a 'first-responder position and not included in the list ofexC III ptio1)s
28 above, then the Planning, Dire tor shall_detenuine, in writing,. whether the
29 pason niav he exempted because ol' a re uiremettt to relltaili during an
30 emergency. Any person claiming exemption under this provision shall SUbmit
31 of an affildavit ol'qualification and f 11111full. C�}' their status With the onlsite
32 properly management.
33 (4)_ The covenants shall require rental agreements which Contain a separate
34 disclosure requil-ing, relltal occupants to acknowledge the existing restrictive
35 covenant on the unit requiring evacuation in Phase 1 of the 48-111- evacuation
36 and_lhat failure to adhere to the Phase l evacuation requirement could result in
37 severe penalties, including eviction, to the occupant.
38 The covenants shall require onsite proveily managers and a separate
39 em plo yment disclosure roc Uirin g the maintenance of training in evacuation
40 procedures_and an achnowlectgenlcnt that failure to adhere to the Phase l
41 evacuation requirement could 1'eSLdt Ill severepenallies. including termination.
42 (d) Workforce housing earlY'..ev�acualion units shall be: restricted to rental occupancy
43 for those who derive al least 70% oftheir income as members ofthe workforce in
44 Monroe County and who meet the alTordah€e housin , income categories of the;
45 Monroe County Land Development Codc. Work 60rce means„1nd1viduaIs or families
46 who are gainfully employed su Ivin - goods and/or services to Monroe County
47 residents or visitors.
Ordinance No. 005-2021 Page 13 of 20
File 2020-067
I (e) Workforce housin�y e%-acuation units shall require onsite property
2 nlanagement with property managers trained in evacuation procedures and required
3 to the evacuatlon of tLmitils 1]1 Phase I of all eVdC:LIM1011. Dunn,;lradlllonal
4 working 11oL1r5. the property rllanager must be al an office within the ►vorkftn-cc
5 housing early evacuation unit de�vlopnient subject property. Outside the traditional
6 working hours, the property manager must be ava'lable at all t'n7es to respond to
7 cvac'uat'on orders.
8 (f) The property management entity for the �\,orkforcc housing early evacuation units
9 shall be required to annually verify the eniploylnent and income eligibility of
10 tenants: report She total ur]its on the site, the occupancy rates of units, anti tenant
11 coillpliallce: with the requirement to eVil WIIe_the Lrr7ltS Ir] Phase l of all eyacuatloll.
12 including the number of occupants that are exempt from the evacuation
13 requireniews. The properly numagelncrit entity must submit a report to the Planning
14 anti Eiivironmental Resources Department by May 1 of each year. Further, each
15 ]case and this annual rcoort shall be kept by the properly manager and be available
16 for inspection by the County during traditional 4i,orking hours.
17 0)) Workforce housing early evacuation units shall be located within an area des' rn�d
18 as Tier III.
19 (h) Workforce housing early evacuation units shall not be located in the V-Zone or
20 within a Coastal Barrier Resource System (CBRS).
21 (1) Workforce housing, eqLly evacuation units shall be located oii a property which has
22 ill] ulfl-aslructure available (polable water, a(le(AWIte WiilSlMilter trca0I1ellt MId
23 disposal w tste��,ater meeting adopted LOS, paved roads. etc.).
24 {jl All workforce housin,, early evacuatlon ur]tts ]Must demonstrate compliance witli
25 all applicable lcderal standards for accessib'iityfor persons with disabilities (ADA
26 Compliance).
27 (k) To the greatest extent practicable,a development utilizing workforce ]lousing early
28 evacuation unit allocations shall incorporate sustainable and resilient desigi
29 princiilles into ffie overall site design ar7d be accessible to emplo,ymer7t centers in
30 Key West, Stock Island and Marathon.
31
32 GOAL 601
33 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
34 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
35 population based on type, tenure characteristics, unit size and individual preferences.
36
37 Objective 601.1
38 To ensure that affordable liousin,-2pportunities arc available throughout the enlire Community
39 and to maintalr] a balanced anti sustainable local economy and the provision of essciinal
40 sc]-N'iccs, Monroe County shall implement the following defined policies to reduce estimated
41 affordable housing need for its workforce anti households in the very low, low, median and
42 moderate income classifications.
43
44 Policy 601.1.1
45 Monroe County shall maintain land development regulations, in conjunction with the
46 Permit Allocation System, for apportioning future affordable housing development
47 ar-lt ial hii4is.
Ordinance No. 005-2021 Page 14 of 20
File 2020-067
1
2 Policy 601.1.2
3 Monroe County shall continue expand its participation in Federal and State housing
4 assistance programs to rehabilitate owner and rental housing for very low, low, median,
5 and moderate income residents by seeking grants, loans, and technical assistance in
6 conjunction with the Monroe County Housing Authority 1� mod y 1 2024.
7
8 Policy 601.1.3
9 The Monroe County Land Authority shall maintain a list of buildable properties owned
10 or targeted for acquisition by the Land Authority which potentially could be donated or
11 made available for affordable housing. This list will be updated annually and made
12 available to the public.The guidelines established in Policies 601.1.10 and 601.1.11 shall
13 be considered in the formulation of this list.
14
15 Policy 601.1.4
16 All affordable housing projects which receive development benefits from Monroe
17 County, including but not limited to ROGO allocation award(s) reserved for affordable
18 housing, maximum net density, or donations of land, shall be required to maintain the
19 project as affordable for a period of 99 years pursuant to deed restrictions or other
20 mechanisms specified in the Land Development Code, and administered by Monroe
21 County or the Monroe County Housing Authority.
22
23 Policy 601.1.5
?4 If Monroe County funding or County-donated land is to be used for any affordable
25 housing project, alternative sites shall be assessed according to the following guidelines:
26 1. The location of endangered species habitat. Sites within known, probable, or
27 potentially suitable threatened or endangered species habitat shall be avoided.
28 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall
29 be determined according to the ranking specified in the Environmental Design
30 Criteria section of the Land Development Code. Disturbed sites shall be selected,
31 unless no feasible alternative is available.
32 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be
33 avoided.
34 4. The level of service provided in the vicinity for all public facilities. Areas which are
35 at or near capacity for one or more public facility should be avoided.
36 5. Proximity to employment and retail centers. Sites within five miles of employment
37 and retail centers shall be preferred.
38
3-9 --- - Policy 601.1.6
40 Monroe County shall identify funding sources that could be made available to support
41 community-based non-profit organizations such as Habitat for Humanity in their efforts
42 to provide adequate affordable housing.
43
44 Policy 601.1.7
45 Monroe County shall continue to participate in the State Housing Incentives Partnership
46 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe
47 County shall also continue to maintain a Local Housing Assistance Plan and Affordable
Ordinance No. 005-2021 Page 15 of 20
Fife 2020-067
1 Housing Incentive Strategies as specified in the Act and recommended by the Monroe
2 County Affordable Housing Advisory Committee.
3
4 Policy 601.1.8
5 Monroe County shall allocate at least 20%of the annual ROGO allocation,or as may be
6 established by the State of Florida, pursuant to Administration Commission Rules, to
7 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
8 this separate allocation must meet the criteria established in the Land Development Code.
9 Monroe County may mk,a rd 300 additional building hermit allocations designated as
10 workforce]lousing early evacuation units pursuant to the Workforce-Affordable H_causing
11 Initiative (Policy 101.3.12 Workforce Initiative) as provided by the Florida
12 Admimstratlotl Commission and the Florida Department Economic; Opportunity. These
13 allocmlons are in addition to the maximum allocations identified in Rules 28-20, F.A.C'._
14 are restricted to rental occupancy for tllose who derive at least 7W4, of their income as
15 members of the workforce in Monroe Couniv and who meet the afibl-dable houslng,
16 incollic categ()rics of the Monroe County Land Devclopment Code. and shall be required
17 to evacuate in Phasc 1 of the 48-hr evacttaiion of'a pending major hurricane.
18
19 Policy 601.1.9
20 Monroe County shall maintain land development regulations which may include density
21 bonuses, impact fee waiver programs, and other possible regulations to encourage
22 affordable housing.
23
24 Policy 601.1.10
25 The Land Authority may acquire land for affordable housing projects if they are deemed
26 appropriate and acceptable by the Land Authority as meeting the intent of:
27 1. the affordable housing provisions in the Land Authority's enabling legislation;
28 2. the goals, objectives and policies of this Plan; and
29 3. the land use designations specified on the Future Land Use Map and in the Monroe
30 County Land Development Regulations.
31
32 Policy 601.1.11
33 The Land Authority shall not list or acquire vacatlt lands as potential affordable housing
34 sites if the lands exhibit any of the following characteristics:
35 1. Any portion of the land lies within a known, probable, or potentially suitable
36 threatened or endangered species habitat.
37 2. The land has a Tier designation other than Tier III.
38 3. The land is located in a V-Zone, on an offshore island or within a CBRS unit.
39
40 Policy 601.1.12
41 Monroe County shall annually monitor the eligibility of the occupants of housing units
42 which have received special benefits, including but not limited to those issued under the
43 affordable housing provisions specified in the Land Development Code or those issued
44 through the Permit Allocation System. If occupants no longer meet the eligibility criteria
45 specified in the Plan and in the Land Development Code, and their eligibility period has
46 not expired, then Monroe County may take any one or a combination of the following
47 actions:
Ordinance No. 003-2021 Page 16 of 20
File 2020-067
1 1. require the payment of impact fees, if they were waived;
2 2. proceed with remedial actions through the Department of Code Compliance, as a
3 violation of the Monroe County Code;
4 3. take civil court action as authorized by statute, common law, or via agreement
5 between an applicant and the County; and/or
6 4. require the sale or rental of the unit(s)to eligible occupants.
7
8 Policy 601.1.13
9 Monroe County shall maintain land development regulations on inclusionary housing and
10 shall evaluate expanding the inclusionary housing requirements to include or address
11 nonresidential and transient development and redevelopment based on specific data and
12 analysis.
13
14 Objective 601.2
15 Monroe County shall adopt programs and policies to encourage housing of various types,sizes
16 and price ranges to meet the demands of current and future residents
17
18 Policy 601.2.1
19 Public-private partnerships shall be encouraged to improve coordination among
20 participants involved in housing production. In these efforts, the County will establish a
21 comprehensive central depository for housing information located at the Monroe County
22 Housing Authority and Growth Management Division for the coordination and
23 cooperation among public and private agencies which collect and use housing data.
24
25 Objective 601.3
26 Monroe County shall continue implementation efforts to eliminate substandard housing and to
27 preserve, conserve and enhance the existing housing stock, including historic structures and
28 sites.
29
30 Policy 601.3.1
31 Monroe County shall coordinate with other County agencies to monitor housing
32 conditions. Standards for evaluation of the structural condition of the housing stock are
33 summarized below:
34 Sound: Most housing units in this category are in good condition and have no visible
35 defects. However, some structures with slight defects are also included.
36
37 Deteriorating: A housing unit in this category needs more repair than would be
38 provided in the course of regular maintenance, such as repainting. A housing unit is
39 classified as deteriorating when its deficiencies indicate a lack of proper upkeep.
40
41 Dilapidated(Substandard): A housing unit in this category indicates that the unit can
42 no longer provide safe and adequate shelter or is of inadequate original construction
43 including being constructed below the minimum required elevation by FEMA or the
44 County's Floodplain Regulations.
45
46 Policy 601.3.2
Ordinance No. 005-2021 Page 17 of 20
File 2020-067
1 The County Code Compliance Office and Building Department will enforce building
2 code regulations and County ordinances governing the structural condition of the housing
3 stock, to ensure the provision of safe, decent and sanitary housing and stabilization of
4 residential neighborhoods.
5
6 Policy 601.3.3
7 Monroe County shall encourage expanded use of U.S. Department of Housing and Urban
8 Development (HUD) rental rehabilitation programs by the Monroe County Housing
9 Authority and State and Federal Floodplain or Hazard Mitigation programs to facilitate
10 increased private reinvestment in housing by providing information, technical assistance
11 in applications for federal and State funding, or provide local public funds for
12 rehabilitation purposes.
13
14 Policy 601.3.4
15 Monroe County shall encourage identification and improvement of historically
16 significant housing through the coordination of public information programs defining
17 benefits and improvement funding sources.
18
19 Objective 601.4
20 Monroe County shall maintain land development regulations which allow group homes and
21 foster care facilities licensed or funded by the Florida Department of Health(DOH),as well as
22 subsidized housing for elderly residents of the County, to be located in residential areas as
23 appropriate.
24
25 Policy 601.4.1
26 Monroe County shall maintain land development regulations which permit group homes
27 and foster care facilities {homes of six or fewer residences which otherwise meet the
28 definition of Community Residential Home pursuant to F.S. § 419.001(1)(a)) licensed or
29 funded by the DOH in all land use categories which permit residential development where
30 consistent with other goals,objectives, and policies of this Comprehensive Plan.
31
32 Policy 601.4.2
33 The County shall identify and evaluate alternative strategies to expand subsidized housing
34 programs for elderly residents of Monroe County through coordination with the Monroe
35 County Housing Authority, and encourage their development by private, community-
36 based non-profit, or public entities, as well as public/private partnerships.
37
38 Objective 601.5
39 T lie County shall provide uniform and equitable treatment for persons and businesses displaced
40 by state and local government programs, consistent with F.S. §421.55.
41
42 Policy 601.5.1
43 By May 1,-24 2024, Monroe County shall adopt uniform relocation standards for
44 displaced households.
45
46
Ordinance No.005-2021 Page 18 of 20
File 2020-067
1 Section 3. Construction and Interpretation. This Ordinance is necessary for the health,
2 safety, and welfare of the residents of and visitors to the County.This Ordinance shall be liberally
3 construed to effect the public purpose(s)hereof. Interpretation of this Ordinance shall be construed
4 in favor of the Monroe County Board of County Commissioners ("Monroe County" or the
5 "County"), and such construction or interpretation shall be entitled to great weight in adversarial
6 administrative proceedings, at trial, in bankruptcy, and on appeal.
7
8 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
9 If any provision of this Ordinance,or any portion thereof, is held to be invalid or unenforceable in
10 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
11 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
12 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
13 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
14 continue unimpaired in full force and effect.
15
16 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
17 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an
18 ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance
19 which has been repealed thereby.
20
21 Section 6. Transmittal. This Ordinance shall be transmitted to the Florida State Land
22 Planning Agency as required by Florida Statute § 380.05(11)and Florida Statute § 380.0552(9).
23
24 Section 7. Filing. This Ordinance shall be filed in the Office of the Secretary of the State
25 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency
26 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
27 Statutes, and after any applicable challenges have been resolved.
28
29 Section 8. Inclusion in the Monroe County Comprehensive Plan. The text amendment
30 shall be incorporated in the Monroe County Comprehensive Plan.The numbering of the foregoing
31 amendment may be renumbered to conform to the numbering in the Monroe County
32 Comprehensive Plan.
33
34 Section 9. Effective Date. This Ordinance shall become as provided by law and stated
35 above.
36
37 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
38 Florida, at a regular public meeting held on the 2 1'day of April 2021.
39
40 Mayor Michelle Coldiron Yes
41 - Mayor Pro Tern David Rice Yes
42 Commissioner Craig Cates Yes
43 Commissioner Eddie Martinez Yes
44 Commissioner Mike Forster Yes
45
46 BOARD OF COUNTY COMMISSIONERS
47 OF MONROE COUNTY, FLORIDA
48
Ordinance No. 005-2021 Page 19 of 20
File 2020-067
r r
Imo`, ',I
l ,,
1 ` , BY:
2 '° I` MAYOR MICHELLE COLDIRON
Nl
4 MONROE GO ATTORNEY
$ 'PI
TO FORM
G � ST: EVIN M OK, CLERIC7 PETER
ASSISTANT 00UNTY AMORRISTFORNEY
8 AS DEPUTY CLERK
Date: 4.5.21
9
j
S
C--:1 co
Ordinance No.005-2021 Page 20 of 20
File 2020-067
E
KEiY*WEST
The Florida Ifeys Only Deily Newspaper,Est 18701
010 8ox f 000,Key~FL 33N 1
P:(3f18)2a2-r"?arr.21p F;(W5)205.8625
"fsQkaysrwws.com
MONROE CO PLANNING ❑EPT
MURRY E NELSON GOVERNMENT CENTER
102060 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 385635
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [Iegal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
who on oath says that he or she is
of the Key West Citizen,a daily
newspaper pubtish in West,in Monroe County,Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of
Sunday,April 4,2021
Ainetli iutittep says dial the Key West Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been Continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West,h said
Monroe County,Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has
nei id nor t ny person,firm or corporation any discount,rebate,
missi n arI. no for purpose of securing this advertisement for publics-
ti in d
( u of
Affi u b0fom me tKa 1 eth day of April 2021
C t
Notary ubl' N ] (Notary Seal)
My commission expires
Personally Known JL Produced Identification
Type of Identification Produced
""'t,
Notary FutNir Srste of F�pnaa
�4Ev y C l7 w;55tolvly Comrn,ssior}: ;ga.32
t:apIr*503i2512G:'_�
MONROECOPL 19 365635 t.pdf 1 VW21 127 PM
MONROE COUNTY BOARD3F
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE MONROE
COUNTY COMPREHENSIVE' PLAN
NOTICE OF CHANGE TO THE MONROE
COUNTY LAND DEVELOPMENT CODE
April 21 p 2021
NaTT N 1$1100 faBY QMW that an Wednesday,AprM gt,2M the Alamo*Cwoft SoeM of Cow ty
ComnoWdonws wB b W a Public Meeting,bao kg at ORM AK The&=MOWN rHN be a"format
with the County CwffnkWm metnbers maetkg Nva In Ma uffu n,while Rie pulft WIN be able to parlidpats Ma
Zoom W1 b .The blowing Itema will bs considered at a PUBLIC MEETWO:
PUBLIC HEARING&-130 PM(or as noon tharsafter ee may be heerdq:
ADOPTING
AMENDMENTS TC THE MONROE COUNTY 2030 COMPREHE 4WM PLAN AMENDPIO THE FUTURE LAND
USE ELEMENT AND THE HOLISM ELEMENT TO ESTABLISH A NEW BUILDING PERMIT ALLOCATION
CATEGORY TO ACCEPT AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT BUILDING
PERMIT ALLOCATIONS PURSUANT TO THE WORKFORCE-AFFORDAaK HOUSING INITIATIVE
(WORKFORCE INITIATIVE}AUTHORIZED BY THE FLORIDA ADMINISTRATION COMMISSION AND THE
FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY BY AMENDING AS WELL AS CLA1atFYMdG POLICIES
101.2.2. 1012.4, 101.3.1. 101.3.2,ibi.3.3, 101.3.4, 101.3,10. 101.3.11.001.1,8t11.1:1,001.1.2,501.1,8,
001.1.11,W1.5.1 AND CREATING NEW POLJCY 101.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE
INITIATIVE REQUIREMENTS:PROVIDINQ FOR SEVERAINUTI;pAOVVM FOR REPEAL OF OOWL1CTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND.PLANNIMO AGENCY AND THE
SECRETARY OF STATE;PROVOMJO FOR INCLUSION IN THE MONROE CNJNTY COMPOMNSIVE PLAbI;
PROVIDING FOR AN EFFECTIVE DATE. (FILE 2=-D"
AN QRDMWE BY THE
ADOPTING
AMENDMENTS TOTHE MONROE COUNTY LAND DEVELOPMENTCODE AMEND MO'THE$WTION 1$8.24,
RESIDENTIAL ROGO ALLOCATKM TO ESTABLISH A NEW BUILDING YEFIIYIIT AI:I..OQAnm[r4TEC m
TO AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNfT BUILDING DING PEFW ALLOCATIONS
PURSUANT TO THE WORKFORCE-AFFORpABLE HOUSm INITU,TIVE (WORKFORCE INIT7 nM
AUTHORIZED BY THE FLORIDA ADMINISTRATION COMMESgN MV THE FLORIDA DERW MENT
ECONOMIC OPPORTUNITY AND TOESTABLISH THE SPJ�CIF1p WORKPDW B+NITATIVE FftU MEMEN M:
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONIFLC IIG PROVIBIOIk;
FOR TRAN8MrrTALTOTHE STATE LAND PLAN I INGAGENCY ANDTHEBeIViETARYOFSTATE;
FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-068)
Please Omit the Monroe County Webrus a1 fkW any agmuto Lpdsks and
k9 msiion regarding the rarWW 400M available to Ow Mkk>o i4err the I"meeting wrdlor to
make pubHe eommenfe on eellaln apwida Mani&
FVmuarrf to Section 286.0705 FWft SWvfeq N a perwt doo0ar to appm any deeftW of the Board of
County Commissioners,with respect to arty matter conskWed at Via rhea ft or heath!,he or she wo now a
record of the pmCBad rVs,arrd that fir such purpose,he or she may need to ensure a verbatim record of the
procesOngs is trade,which retard kxlwdas the ItWimony 3 owdence upon which hha Mweal a to be based.
ADA A4815TANCL-If you an a pa+ann WIM a dbablIft who needs aPMW scomimodatlom;M order
to partka(oate rh a}!a P-00064 FA-W ambot lire CO&AMY A*rAlbbotor'a Ofrlae,by phwifng 1=1
21 -4441,hetwaan VW hours of&W a.m.-tiVO P.M.,no A"ar Man Nor(S)calendar dleya prior to fire
sdmdupd maetkM If you are•hearbg or voloe krrpahv4 c4W"T11.'
01�14
Kevin Madnk, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
April 30, 2021
Deparmen of'Stale
Administrative Code& Register
500 S Bronougll Street
'1,allallassee FT.323994)2.50
To Wliorii 11 May Concern,
Attacl led is an electronic copy of Ordinance No. (H).5-2021 adopting anletidlnents to ale
Monroe County 2030 Compreliensive Plan `unending the Future Land i Ise Clement and the
Housing Clemcnt to establish a new building pennit.allocation category to accept wid award 300
worklorce housing early evacuation unit building pennit allocations pursuant to the Workforce-
ikSordable Housing Initiative (Workforce Initiative) authorized by die. Florida Administration
Commission and die Florida Department 1,conoinic. Opportunity by amending as well as clan-#yiiig
Policies 101.2.2, 101.2.4, 101.3.1, 101.342, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1, 601.1.1,
601.1.2, 601.1.8, 601.1.11, 601.5.1 aril creating new Policy 101.3.12 to establish the specific
work#orce initiative requirements; providing for severability; providing liar repeal cif con#licting
lynnisions; pr(widing f(.)r(ransiniltal to die State Land Planning Agency and Cie Secretary of State;
provding for amendment to and incorporation in the Monroe County Compreliensive Plan;
providing for an effective date. (File No. 2020-067)
'171iis Ordinance was adopted by the Monroe County 13oard of County Commissioners at a
regular nieeting, held irl lornlal session, on April 21, 2021. Should you have any questions please
feel free to contact me at (30.5) 292-3550.
Respectfully Submitted,
Ke,%in Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex{011icio to the Monroe County
Board of County Commissioners
I)f P,-une1a G. H icock, 1).[
cc: Planning& 1'nvironmental
County Attorney
B[)CC
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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e,.
R I T I M 11 E 11 N T I'll�f'S'T' ATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
May 3, 2021
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 005-2021, which was filed in this office on April 30,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
FLORIDACOMMERCE MISS=
November 4, 2025
The Honorable Jim Scholl
Mayor, Monroe County
530 Whitehead Street
Key West, Florida 33040
Dear Mayor Scholl,
FloridaCommerce has completed its review of the adopted comprehensive plan amendment for Monroe
County(Amendment No. 25-03ACSC),which was received on August 26, 2025. FloridaCommerce
received the adopted amendment in accordance with the state coordinated review process set forth in
sections 163.3184(2) and (4), Florida Statutes(F.S.).
FloridaCommerce has identified a conflict with the application of Chapter 2025-190, Section 28, Laws of
Florida (L.O.F.),and the adopted comprehensive plan amendment.These conflicts render the adopted
comprehensive plan amendment null and void ab initio pursuant to Chapter 2025-190,Section 28, L.O.F.
Chapter 2025-190 provides:
Section 28. (1) Each county listed in the Federal Disaster Declaration for Hurricane Debby(DR-
4806), Hurricane Helene (DR-4828),or Hurricane Milton (DR-4834), and each municipality within
one of those counties, may not propose or adopt any moratorium on construction,
reconstruction, or redevelopment of any property damaged by such hurricanes; propose or
adopt more restrictive or burdensome amendments to its comprehensive plan or land
development regulations; or propose or adopt more restrictive or burdensome procedures
concerning review, approval, or issuance of a site plan, development permit, or development
order,to the extent that those terms are defined by s. 163.3164, Florida Statutes, before
October 1, 2027, and any such moratorium or restrictive or burdensome comprehensive plan
amendment, land development regulation,or procedure shall be null and void ab initio. This
subsection applies retroactively to August 1, 2024.
For the reasons outlined herein, Monroe County's adopted amendment 25-03ACSC is more restrictive or
burdensome making it null and void ab initio pursuant to Section 28 of Chapter 2025-190, L.O.F.
If you have any questions related to this review, please contact James Stansbury, Bureau Chief, by
telephone at (850)-717-8512 or by email at James.Stansbury@Commerce.fl.gov.
Sincere .._. ...
es D.Stansbury,Chief
ureau of Community Planning and Growth
J DS/a cs
cc: Devin Tolpin,AICP,Sr. Director of Planning'-and"Environmental Services, Monroe County
Cheryl Cioffari,AICP, Assistant Director of Planning, Monroe County
Isabel Cosio Carballo, MPA, Executive Director, South Florida Regional Planning Council
An equal opportunity employer/program.Auxiliary aids and service are available
is
upon request to individuals with disabilities.All voice telephone numbers on ME
document may be reached by persons using TTY/TTD equipment via the Florida
Relay Service at 711.
Chapter 2025-190,Section 28, L.O.F. provides:
Section 28. (1) Each county listed in the Federal Disaster Declaration for Hurricane Debby (DR-4806),
Hurricane Helene (DR-4828), or Hurricane Milton (DR-4834), and each municipality within one of those
counties, may not propose or adopt any moratorium on construction, reconstruction, or redevelopment
of any property damaged by such hurricanes; propose or adopt more restrictive or burdensome
amendments to its comprehensive plan or land development regulations; or propose or adopt more
restrictive or burdensome procedures concerning review, approval, or issuance of a site plan,
development permit, or development order, to the extent that those terms are defined by s. 163.3164,
Florida Statutes, before October 1, 2027, and any such moratorium or restrictive or burdensome
comprehensive plan amendment, land development regulation, or procedure shall be null and void ab
initio. This subsection applies retroactively to August 1, 2024.
Monroe County adopted amendment 25-03ACSC revises the County's comprehensive plan to include a
policy that is more restrictive or burdensome than Monroe County's currently adopted Comprehensive
Plan.The following policy is more restrictive or burdensome: Policy 101.3.2.
An equal opportunity employer/program.auxiliary aids and service are available
ME
upon request'to individuals with disabilities.All voice telephone nurnbers on this
docur rent may be reached by persons using TTY/TTD equipment via the Florida
Relay Service at 731.
2
/ xis a
3 m1�rr ,IJ
4
5 k o fi
6
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. - 2026
11
12
13 A RESOLUTION BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE
15 LAND PLANNING AGENCY AN ORDINANCE OF THE MONROE
16 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
17 AMENDMENTS TO THE MONROE COUNTY 2030
18 COMPREHENSIVE PLAN AMENDING THE FUTURE LAND USE
19 ELEMENT AND THE HOUSING ELEMENT TO MODIFY THE
20 REQUIREMENTS RELATED TO THE 300 KEYS AFFORDABLE
21 WORKFORCE HOUSING INITIATIVE EARLY EVACUATION
22 UNIT BUILDING PERMIT ALLOCATIONS CREATED BY THE
23 GOVERNOR OF FLORIDA,ATTORNEY GENERAL OF FLORIDA,
24 CHIEF FINANCIAL OFFICER OF FLORIDA, AND FLORIDA
25 AGRICULTURE COMMISSIONER ACTING IN THEIR CAPACITY
26 AS THE FLORIDA ADMINISTRATION COMMISSION BY
27 REMOVING THE 1-FOR-1 TAKINGS AND BERT HARRIS ACT
28 LIABILITY REDUCTION EXCHANGE REQUIREMENT BY
29 AMENDING, AS WELL AS CLARIFYING, POLICIES 101.2.2,
30 101.2.49 101.3.19 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 101.3.12,
31 and 601.1.8,; PROVIDING FOR SEVERABILITY; PROVIDING FOR
32 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
33 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
34 AND THE SECRETARY OF STATE; PROVIDING FOR
35 AMENDMENT TO AND INCORPORATION IN THE MONROE
36 COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
37 EFFECTIVE DATE. (FILE NO. 2025-220)
38
39
40 WHEREAS, the Monroe County Board of County Commissioners conducted a public
41 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
42 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
43 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
44 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
45 Comprehensive Plan as described above; and
Resolution -2026 Page 1 of 2
BOCC Transmittal: File 2025-220
46 WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
47 County Commissioners support the transmittal of the requested Comprehensive Plan amendment;
48
49 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
50 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
51
52 Section 1: The Board of County Commissioners does hereby adopt the recommendation of
53 the Planning Commission to transmit the draft ordinance, attached as Exhibit A, for
54 review of the proposed Comprehensive Plan Text amendment.
55
56 Section 2. The Board of County Commissioners does hereby transmit the proposed
57 amendment to the State Land Planning Agency for review and comment in
58 accordance with the State Coordinated Review process pursuant to Section
59 163.3184(4), Florida Statutes.
60
61 Section 3. The Monroe County staff is given authority to prepare and submit the required
62 transmittal letter and supporting documents for the proposed amendment in
63 accordance with the requirements of Section 163.3184(4), Florida Statutes.
64
65 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
66 resolution to the Director of Planning.
67
68
69 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
70 Florida, at a regular meeting held on the day of ,
71
72 Mayor Michelle Lincoln, District 2
73 Mayor Pro Tern Holly Merrill Raschein, District 5
74 Commissioner Craig Cates, District 1
75 Commissioner James K. Scholl, District 3
76 Commissioner David Rice, District 4
77
78
79
80 BOARD OF COUNTY COMMISSIONERS
81 OF MONROE COUNTY, FLORIDA
82
83 BY
84 MAYOR MICHELLE LINCOLN
85
86 (SEAL)
87
88 ATTEST: KEVIN MADOK, CLERK
89
90
91 DEPUTY CLERK
Resolution -2026 Page 2 of 2
BOCC Transmittal: File 2025-220
EXHIBIT A TO RES. NO. -2026
2
5
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2026
10
11
12 AN ORDINANCE OF THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO
14 THE MONROE COUNTY 2030 COMPREHENSIVE PLAN
15 AMENDING THE FUTURE LAND USE ELEMENT AND THE
16 HOUSING ELEMENT TO MODIFY THE REQUIREMENTS
17 RELATED TO THE 300 KEYS AFFORDABLE WORKFORCE
18 HOUSING INITIATIVE EARLY EVACUATION UNIT BUILDING
19 PERMIT ALLOCATIONS CREATED BY THE GOVERNOR OF
20 FLORIDA, ATTORNEY GENERAL OF FLORIDA, CHIEF
21 FINANCIAL OFFICER OF FLORIDA, AND FLORIDA
22 AGRICULTURE COMMISSIONER ACTING IN THEIR CAPACITY
23 AS THE FLORIDA ADMINISTRATION COMMISSION BY
24 REMOVING THE 1-FOR-1 TAKINGS AND BERT HARRIS ACT
25 LIABILITY REDUCTION EXCHANGE REQUIREMENT BY
26 AMENDING, AS WELL AS CLARIFYING, POLICIES 101.2.2,
27 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 101.3.12,
28 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1; PROVIDING FOR
29 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
30 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
31 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
32 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN
33 THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
34 FOR AN EFFECTIVE DATE. (FILE NO. 2025-220)
35
36
37
38 WHEREAS, at the September 11, 2024, BOCC meeting, the BOCC directed Planning &
39 Environmental Resources Department professional staff to begin processing Comprehensive Plan
40 and Land Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris
41 Act liability reduction exchange requirement for the remaining 214 early evacuation unit building
42 permit allocations;
43
44 WHEREAS, on November 24, 2025, a community meeting was held, as required by
45 Monroe County Land Development Code ("LDC" or"Code") Section 102-159(b) to discuss the
Ord.—- 2026 Page 1 of 17
I proposed amendment to the Land Development Code and Comprehensive Plan, and provide for
2 public participation; and
3
4 WHEREAS, the Monroe County Development Review Committee(DRC) considered the
5 proposed amendment at a regularly scheduled meeting held on January 27, 2026; and
6
7 WHEREAS, on January 29, 2026, the DRC Chair signed Resolution No. DRC 02-26
8 recommending approval of the proposed text amendment; and
9
10 WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a
11 public hearing on the 251h day of February 2026, for review and recommendation on the proposed
12 Comprehensive Plan text amendment; and
13
14 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P08-26
15 recommending approval to the Board of County Commissioners of the proposed amendments to
16 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10,
17 101.3.11, 101.3.12, and 601.1.8; eliminating the 1-for-1 takings and Bert Harris Act liability
18 reduction exchange requirement for the remaining 214 early evacuation unit building permit
19 allocations with inclusion of the following sentence, shown as double-underline, added to Policy
20 101.3.12(1):
21
22 For developments owned or operated by a government any or public housing authority,
23 property management is not required to be located onsite as indicated in this subsection and
24 Comprehensive Plan Policy 101.3.12, but must be available at all times to respond to evacuation
25 orders. However, the government agency or public housing authority will oversee and enforce
26 requested evacuation of the residents and must be available at all times to respond to evacuation
27 orders. ;and
28
29 WHEREAS, at a regular meeting held on the 15th day of April, 2026, the Monroe County
30 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
31 text amendment, considered the staff report and provided public comment and public participation
32 in accordance with the requirements of state law and the procedures adopted for public
33 participation in the planning process; and
34
35 WHEREAS, at the April 15th, 2026, public hearing, the BOCC considered the proposed
36 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning
37 Agency; and
38
39 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
40 Objections, Recommendations and Comments ("ORC") report on received by the
41 County on ; and
42
43 WHEREAS, the ORC report<did/did not> identify any objections,recommendations, or
44 comments; and
Ord.—- 2026 Page 2 of 17
I WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
2 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
3
4 WHEREAS, at a regularly scheduled meeting on the day of the
5 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
6 amendment;
7
8 WHEREAS, based upon the information and documentation submitted, the BOCC made
9 the following findings of fact and conclusions of law:
10 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
11 Monroe County Year 2030 Comprehensive Plan; and
12 2. The proposed amendment is consistent with the Principles for Guiding Development
13 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
14 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
15 4. The proposed amendment will not result in an adverse change in community character
16 to the sub-area which a proposed amendment affects.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
19 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
20
21 Section 1. Recitals and Legislative Intent.The foregoing recitals,findings of fact,statements
22 of legislative intent, and conclusions of law are true and correct and are hereby
23 incorporated as if fully stated herein.
24
25 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows
26 (Deletions are shown s*,.;^kor tore ti'; additions are shown underlined):
27
28 Objective 101.2
29 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
30 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
31 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
32 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
33 adopted between the County and all the municipalities and the State agencies.
34
35 Policy 101.2.1
36 Monroe County shall maintain a memorandum of understanding with the State Land
37 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
38 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
39 data and analysis,the input variables and assumptions, including regional considerations,
40 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
41 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
42 clearance times for the population of the Florida Keys.
43
44 Policy 101.2.2
Ord._- 2026 Page 3 of 17
I Monroe County shall coordinate with all the municipalities, the State Land Planning
2 Agency and Division of Emergency Management to update the variables and assumptions
3 for the evacuation clearance time modeling and analyses of the build-out capacity of the
4 Florida Keys Area of Critical State Concern based upon the release of the decennial
5 Census data. Pursuant to the 2012 wed hurricane evacuation clearance time
6 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
7 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
8 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
9 maintaining an evacuation clearance time of 24 hours. The County adopted a slower rate
10 of annual allocations for market rate development to extend the allocation timeframe to
11 2026 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County
12 shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for
13 hurricane evacuation clearance time requirement standards; 2) new hurricane evacuation
14 modeling by the State Land Planning Agency and Division of Emergency Management;
15 and 3) a new or revised memorandum of understanding with the State Land Planning
16 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key
17 Colony Beach and Layton (see Policy 101.2.1).
18
19 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12,
20 Monroe County shall establish a new allocation category to accept and award 300
21 affordable workforce housing early evacuation unit building permit allocations pursuant
22 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative).
23 These allocations are in addition to the maximum allocations identified in Rules 28-20,
24 F.A.C., and shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending
25 major hurricane.
26
27 Policy 101.2.3
28 The County will consider capital improvements based upon the need for improved
29 hurricane evacuation clearance times, including potential impacts from sea level rise to
30 the County's evacuation route. The County will coordinate with the FDOT, the state
31 agency which maintains U.S.1, to ensure transportation projects that maintain and
32 improve clearance times are prioritized.
33
34 Policy 101.2.4
35 In the event of a pending major hurricane (Category 35) Monroe County shall
36 implement the following staged/phased evacuation procedures to achieve and maintain
37 an overall 24-hour hurricane evacuation clearance time for the resident population.
38
39 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
40 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
41 vessels (transient and non-transient), military personnel, units approved, and deed
42 restricted as affordable workforce housing early evacuation units from the Florida
43 Keys shall be initiated. State parks and campgrounds should be closed at this time or
44 sooner and entry into the Florida Keys by non-residents should be strictly limited.
Ord._- 2026 Page 4 of 17
1 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
2 of mobile home residents, special needs residents, and hospital and nursing home
3 patients from the Keys shall be initiated.
4 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
5 evacuation of permanent residents by evacuation zone (described below) shall be
6 initiated. Existing evacuation zones are as follows:
7 a) Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
8 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
9 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
10 63)
11 d)Zone 4 -West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
12 63-106.5 and MM 1-9.5 of CR 905)
13 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
14
15 The actual sequence of the evacuation by zones will vary depending on the individual
16 storm. The concepts embodied in these staged evacuation procedures should be
17 embodied in the appropriate County operational Emergency Management Plans.
18
19 The evacuation plan shall be monitored and updated on an annual basis to reflect
20 increases, decreases and or shifts in population;particularly the resident and non-resident
21 populations.
22
23 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
24 of allocations to more than 197 residential units a year, except for affordable housing.
25 Any increase in the number of allocations shall be for affordable housing. Monroe County
26 hereby accepts 300 affordable workforce housing early evacuation unit
27 building permit allocations pursuant to the Workforce-Affordable Housing Initiative
28 (Policy 101.3.12 Workforce Initiative) authorized by the Florida Administration
29 Commission, Chapter 2023-17, Laws of Florida, and the State Land Planning A e�ncy
30 F10-F a 1,0,,.,AR404 F ^w,;,, OPPO fttmity These early evacuation allocations are in
31 addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
32 restricted to rental occupancy for those who derive at least 70% of their income as
33 members of the workforce in Monroe County and who meet the affordable housing
34 income categories of the Monroe County Land Development Code. The early evacuation
35 allocations shall be required to evacuate in Phase 1 of the 48-hr evacuation as provided
36 in Policy 101.2.4 of^ „o,,ding r,ajoF h,,,.,.ieane No new additional residential dwelling
37 unit allocations shall be authorized within the Phase 1 of the 48-hr evacuation unless
38 approved and provided by the Florida Administration Commission and the State Land
39 PlanningAAgency_ after review of hurricane
40 evacuation modeling results by the State Land Planning Agency and the Division of
41 Emergency Management of available evacuation capacity and a review of the level of
42 service and available capacity for all public facilities.
43
44 Objective 101.3
Ord.—- 2026 Page 5 of 17
I Monroe County shall regulate new residential development based upon the finite carrying
2 capacity of the natural and man-made systems and the growth capacity while maintaining a
3 maximum hurricane evacuation clearance time of 24 hours.
4
5 Policy 101.3.1
6 Monroe County shall maintain a Permit Allocation System for new residential
7 development known as the Residential Rate of Growth Ordinance (ROGO) System. The
8 Permit Allocation System shall limit the number of permits issued for new residential
9 dwelling units. The ROGO allocation system shall apply within the unincorporated area
10 of the county, excluding areas within the county mainland and within the Ocean Reef
11 planned development (Future development in the Ocean Reef planned development is
12 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
13 recognized and issued by the Department of Community Affairs). New residential
14 dwelling units included in the ROGO allocation system include the following: affordable
15 housing units; market rate dwelling units; mobile homes; institutional residential units
16 (except hospital rooms) and affordable workforce housing early evacuation units.
17
18 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
19 a distinct location, and therefore cannot be accounted for in the County's hurricane
20 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
21 or associated wet slips be transferred upland or converted to a dwelling unit of any other
22 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
23 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
24 Exemption).
25
26 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
27 units; and seasonal residential units are subject to Policy 101.3.5.
28
29 For purposes of this Policy,the redevelopment or replacement of any lawfully established
30 unit within the Venture out community, which is located in the Lower Keys at MM23 on
31 Cudjoe Key, that does not increase the number of units, above that which existed on or
32 before January 4, 1996, shall be exempt from the permit allocation (ROGO) system.
33 Policies 101.3.5 and 101.6.8 shall not apply to Venture Out, and the units within Venture
34 Out may be developed as either detached dwelling, mobile home or recreational vehicle
35 use through the approval of a building permit, provided the following are met:
36 1. To not increase the hurricane evacuation clearance time of permanent
37 residents, in the event of a pending major hurricane (Category 35), a
38 mandatory evacuation of all occupants of units within Venture Out,
39 regardless of unit type, is required at least 48 hours in advance of tropical
40 storm winds. Approximately 48 hours in advance of tropical storm winds, a
41 mandatory evacuation of occupants residing in a permanent unit shall be
42 initiated and a mandatory evacuation of both the occupants of recreational
43 vehicles (RVs) and the RVs shall be initiated;
44 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of
45 detached dwelling (permanent), mobile home (permanent) and recreational
Ord._- 2026 Page 6 of 17
I vehicles (transient) uses may occur only within the gated Venture Out community with a
2 managing entity responsible for evacuation;
3 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
4 prohibited;
5 4. Recreational Vehicles must meet all land development regulations,
6 floodplain management regulations and any building code requirements for
7 recreational vehicles;
8 5. A recreational vehicle must have current licenses required for highway
9 travel, be attached to the site only by the quick disconnect-type utilities, and
10 no permanent additions such as sun rooms or state rooms shall be permitted;
11 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit,
12 regardless of use type,within the Venture Out community may be transferred
13 to another site outside of the Venture Out community; and
14 7. In no case shall recreational vehicles (transient units) be developed as a
15 hotel/motel.
16 Policy 101.3.2
17 The number of permits issued for residential dwelling units under the Rate of Growth
18 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
19 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
20 ROGO year and 300 affordable workforce housing early evacuation unit building pen-nit
21 allocations authorized by the Florida Administration Commission, Chapter 2023-17,
22 Laws of Florida, and the State Land Planning Agency YloFida r,o,,afta nt Ee- - -
23 OppoAunity.A ROGO year means the twelve-month period beginning on July 13.Market
24 rate allocations shall not to exceed 126 residential units per year. Unused allocations for
25 market rate shall be available for Administrative Relief.
26
27 In 2012,pursuant to Rule 28-20.140,F.A.C.,the State Land PlanningAAgency
28 ^r FrV^�^�io Oppoftut4it , completed the hurricane evacuation clearance time modeling
29 task and found that with 10 years' worth of building permits, the Florida Keys would be
30 at a 24 hour evacuation clearance time. This creates challenges for State of Florida and
31 Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier 1; 393 Tier
32 Il, 260 Tier III-A (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970
33 new allocations this may result in a balance of 6,198 privately held vacant parcels at risk
34 of not obtaining permits in the future. In recognition of the possibility that the inventory
35 of vacant parcels exceeds the total number of allocations which the State will allow the
36 County to award, the County adopted a slower rate of annual allocations for market rate
37 development to extend the allocation timeframe to 2026 and is accepting 300 affordable
38 workforce(a housing early evacuation unit building permit allocations pursuant
39 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative)
40 authorized by the Florida Administration Commission, Chapter 2023-17, Laws of
41 Florida, and the State Land Planning Agency F1 i da Pop a44 ent E^^N^mie Opp q,,, ivy
42 These affordable workforce housing early evacuation allocations that are in addition to
43 the maximum building permit allocations identified in Rules 28-20, F.A.C. The County
Ord._- 2026 Page 7 of 17
I will consider adopting an extended timeframe for distribution of the ROGO allocations
2 through 2033 with committed financial support from its State and Federal partners. This
3 timeframe can provide a safety net to the County and provide additional time to
4 implement land acquisition and other strategies to reduce the demand for ROGO
5 allocations and help transition land into public ownership.
6
7 The County is actively engaged in acquisitions and is requesting its State and Federal
8 partners for assistance with implementing land acquisitions in Monroe County. The
9 County will allocate the 1,970 new dwelling unit allocations through July 12, 2026. If
10 substantial financial support is provided by July 12, 2023, the County will reevaluate the
11 ROGO distribution allocation schedule and consider an extended timeframe for the
12 distribution of market rate allocations (through a comprehensive plan amendment).
13 Further, the State and County shall develop a mutually agreeable position defending
14 inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act
15 cases, with the State having an active role both directly and financially in the defense of
16 such cases.
17
18 The County shall distribute ROGO allocations by ROGO year, as provided in the table
19 below.
20
Annual Allocation
ROGO Year Affordable Affordable Workforce
Market Rate Housing Housing Early
Evacuation Initiative
July 13, 2013—July 12, 2014 126 71
July 13, 2014—July 12, 2015 126 71
July 13, 2015—July 12, 2016 126
July 13, 2016—July 12, 2017 126
N/A
July 13, 2017—July 12, 2018 126
July 13, 2018—July 12, 2019 126
July 13, 2019—July 12, 2020 126 568 total AFH
July 13, 2020—July 12, 2021 64 (total available
July 13, 2021—July 12, 2022 64 immediately)
July 13, 2022—July 12, 2023 64
July 13, 2023—July 12, 2024 62 300**
July 13, 2024—July 12, 2025 62
July 13, 2025—July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
Ord.—- 2026 Page 8 of 17
Ord.—- 2026 Page 8 of 17
** Affordable Wworkforce housing early evacuation unit building�permit allocations shall be
available countywide (unincorporated county) in the Upper and Lower Keys subareas and
distributed on a first-come first-serve basis. Requests for dwelling units developed and/or deed-
restricted utilizing the affordable workforce housing early evacuation unit building�pennit
allocations are subject to the provisions of Policy 101.3.12.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the
3 annual allocation rate. Monroe County will request a Rule change from the
4 Administration Commission to authorize the above allocation timeframe and rate.
5
6 Policy 101.3.3
7 Monroe County shall allocate at least 20% of the annual allocation, or as may be
8 established by the State of Florida, pursuant to Administration Commission Rules, to
9 affordable housing units as part of ROGO. Any portion of the allocations not used for
10 affordable housing shall be retained and be made available for affordable housing from
11 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
12 affordable workforce housing early evacuation units shall meet the criteria specified in
13 Policy 601.1.4 and the Land Development Code, but shall not be subject to the
14 competitive Residential Pen-nit Allocation and Point System in Policy 101.6.4. Any
15 parcel proposed for affordable housing or affordable workforce housing early evacuation
16 units shall not be located within an area designated as Tier I as set forth under Goal 105
17 or within a Tier III-A Special Protection Area as set forth in Policy 205.1.1.
18
19 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
20 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
21 the following criteria:
22 1. The property contains an existing market rate dwelling unit that meets the criteria
23 in LDC Section 138-22(a) and is determined to be exempt from ROGO;
24 2. The proposed replacement affordable dwelling unit meets current Florida
25 Building Code and is not a mobile home;
26 3. The proposed replacement dwelling unit shall be deed restricted for a period of at
27 least 99 years as affordable housing pursuant to the standards of the Land
28 Development Code; and
29 4. The proposed site plan for the replacement affordable dwelling unit does not
30 propose any additional clearing of habitat.
31
32 Policy 101.3.4
33 The Permit Allocation System (or Rate of Growth Ordinance) for new residential
34 development shall specify procedures for:
35 1. establishing the annual number of ems-allocations for new residential units to be
36 issued during the next ROGO year based upon, but not limited to the following:
37 a. expired allocations and building permits in previous year;
38 b. allocations available,but not allocated in previous year;
39 c. number of allocations borrowed from future quarters;
Ord._- 2026 Page 9 of 17
I d. vested allocations;
2 e. modifications required or provided by Administration Commission Rules;
3 £ modifications required or provided by this plan or agreement pursuant to
4 Chapter 380, Florida Statutes; and
5 g. receipt or transfer of affordable housing allocations by intergovernmental
6 agreement; and
7 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
8 Clearance Time Memorandum of Understanding.
9 2. allocation of affordable housing, affordable workforce housing early evacuation units
10 building permit allocations and market rate housing units in accordance with Policies
11 101.3.2 and 101.3.3; and
12 3. timing of the acceptance of applications, evaluation and scoring of applications, and
13 issuance of permits for new residential development during the calendar year.
14
15 Policy 101.3.5
16 Due to the limited number of allocations and the State's requirement that the County
17 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
18 shall prohibit new transient residential allocations for hotel or motel rooms, campground
19 spaces, or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully
20 established transient units shall be entitled to one unit for each type of unit in existence
21 before January 4, 1996, for use as a ROGO exemption.
22
23 Policy 101.3.6
24 All public and institutional uses (except hospital rooms) that predominately serve the
25 County's non-transient population and which house temporary residents shall be subject
26 to the Permit Allocation System for residential development, except upon factual
27 demonstration that such transient occupancy is of such a nature so as not to adversely
28 impact the hurricane evacuation clearance time of Monroe County.
29
30
31
32 Policy 101.3.9
33 For those ROGO applications and properties which have not received a ROGO award for
34 four consecutive years and have applied for administrative relief, which are designated
35 Tier I, II, or IIIA, the County or the State shall offer to purchase the property if funding
36 for such is available. Refusal of the purchase offer shall not be grounds for granting a
37 ROGO award.
38
39 Policy 101.3.10
40 Notwithstanding any other provision of the Plan, except the last sentence of this Policy
41 101.3.10,building allocations utilized for affordable housing projects may be pooled and
42 transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO
43 subarea, and between local government jurisdictions within the Florida Keys Area of
44 Critical State Concern (ACSC). Anysuch transfer of affordable housing allocations
Ord._- 2026 Page 10 of 17
I between local government jurisdictions must be accomplished through an interlocal
2 agreement between the sending and receiving local governments. Interlocal agreements
3 that involve assigning the County's affordable housing (not including affordable housing
4 allocations banked for takings cases) allocations to existing dwelling units within a
5 municipality with a requirement that the associated market rate ROGOBPAS exemptions
6 be transferred into the unincorporated County as an exchange for the affordable housing
7 allocations transferred to the municipality, shall be accomplished through a minor
8 conditional use permit approval and shall be subject to the receiver site criteria in Policy
9 101.6.8 and may be transferred to any subarea within the unincorporated County.
10 In no event shall the County_
11 (1) pool and transfer affordable workforce housing early evacuation unit building
12 ep rmit allocations between ROGO sub-areas,
13 (2) transfer affordable workforce housing early evacuation unit building permit
14 allocations to another government jurisdiction,
15 (3) receive affordable workforce housing early evacuation unit building permit
16 allocations from another government jurisdiction,; or
17 (4) transfer affordable housing ROGO allocations received by the County in
18 exchange for affordable workforce housing building permit early evacuation unit
19 allocations to another government jurisdiction.
20
21 Notwithstanding _Policy 101.3.10(2), affordable workforce early 101.3.10(2), affordable workforce early evacuation unit building
22 permit allocations may be transferred to another government jurisdiction for Count
23 initiated affordable housing projects within incorporated cities, as approved by an
24 interlocal agreement as approved by the BOCC.
25
26 Policy 101.3.11
27 Monroe County may receive additional building permit allocations pursuant to the 2012
28 completed hurricane evacuation clearance time modeling and allocation
29 recommendations by the State Land Planning Agency and the Administration
30 Commission's direction that the City of Key West\ transfer annually (by July 15th) any
31 remaining unused allocations for that year to the other Florida Keys' local governments
32 based upon the local governments'ratio of vacant land. Any transferred allocations from
33 the City of Key West to Monroe County shall be made available for Administrative
34 Relief. Monroe County may receive, and award 300 building permit allocations
35 designated as affordable workforce housing early evacuation units pursuant to the
36 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
37 provided by the Florida Administration Commission and the State Land Planning Agency
38 Flo-F d r,epa-.t,. eat Eeefiemie r,, pof:ttfn ty. These early evacuation allocations that are
39 in addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
40 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
41
42 Policy 101.3.12
43 Affordable Workforce Housing Early Evacuation Initiative. To support Monroe
44 County's workforce by alleviating constraints on affordable housing, to protect private
45 property rights and address potential liability, the County is participating in the
46 Workforce-Affordable Housing Initiative (Workforce Initiative), as approved during the
Ord._- 2026 Page 11 of 17
I June 13, 2018 meeting of the Florida Administration Commission. Monroe County
2 accepts the 300 affordable workforce housing early evacuation building permit
3 allocations pursuant to the Workforce-Affordable Housing Initiative authorized by the
4 Florida Administration Commission, Chapter 2023-17, Laws of Florida, and the State
5 Land Planning Agency The Workforce-
6 Affordable Housing Initiative will require dwelling units constructed and/or deed
7 restricted with workforce housing early evacuation building permit allocations to
8 evacuate occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane,
9 pursuant to the criteria below.
10
11 To participate in the Workforce Initiative, Monroe County shall be responsible for the
12 management, distribution, and enforcement of requirements associated with the
13 affordable workforce housing early evacuation building permit allocations. Monroe
14 County shall ensure adherence to these requirements through implementation of this
15 policy and shall annually provide to the State Land Planning Agency FlaFida Dapa-Ftme f
16 FeA-:-PA-m-i. OppeFttmit , a report indicating the number of affordable workforce housing
17 early evacuation units built and/or deed restricted, occupancy rates, and compliance with
18 the requirement to evacuate the units in Phase I of an evacuation. The annual report shall
19 be provided to the State in a timely manner such that the State may include the
20 information in the required Annual Report to the GovemeF and Cabinet Florida
21 Administration Commission on the County's progress toward completion of its Work
22 Program pursuant to Rule 28-20, F.A.C.
23
24 Dwelling units developed and/or deed restricted utilizing the affordable workforce
25 housing early evacuation unit building permit allocations are subject to the following:
26
27 (a) Requests for affordable workforce housing early evacuation unit building permit
28 allocations sh^'�e—All -ail ble, enly €^t: a ' r^r } ex-ehange fef ^rr^rd l_e
29 ^"^^^*i^Ns/0? enipti0 R^ ^N ' require a reservation via BOCC resolution. The BOCC
30 may, at its discretion,place conditions on any reservation as it deems appropriate such
31 as establishing the income categories for allocations granted. The a-0-G- ' m^y, at its
32 ,
33
34 .
35 , appfeve the e?iehafige of deed
36 icsciieted -tier ''vettss'rl ?its (!a `ftilZ'ff$rdable exewp+;,,crvirs)--cat at
37
38
39 .
40
41
42 ,
43 1✓enae�-n-Atie-n- eaases anxd- Ber-t r Harris, TY n,•, ^te Pr-ep@Ay Right t
�i n Tvcccavix
44 Aet cases.
45 (2)-Te-:-a e-onsi-stene , with Rule 2'8- 2n��(b), F. r the .,f'fef .,ble
46
Ord._- 2026 Page 12 of 17
I
3
4
5 efftegaf-f.
6
7
8
10
12
14 ,
15
16
17
18
19 (Eb) All affordable workforce housing early evacuation units require a deed-
20 restriction ensuring:
21 (1) Before any building permit may be issued for any structure,portion or phase of
22 a project subject to the Workforce Initiative, a restrictive covenant shall be
23 approved by the Planning Director and County Attorney and recorded in the
24 Office of the Clerk of the County to ensure compliance with the provision of
25 this section running in favor of the County and enforceable by the County and,
26 if applicable, a participating municipality. The following requirements shall
27 apply to these restrictive covenants:
28 a. The covenants for any workforce housing early evacuation units shall be
29 effective for 99 years.
30 b The covenants shall not commence running until a certificate of occupancy
31 has been issued by the Building Official for the dwelling unit or dwelling
32 units to which the covenant or covenants apply.
33 c. For existing dwelling units that are deed-restricted as workforce housing
34 early evacuation units, the covenants shall commence running upon
35 recordation in the Official Records of Monroe County.
36 (2) The covenants shall require that the workforce housing early evacuation units
37 to be restricted to rental occupancy for those who derive at least 70% of their
38 income as members of the workforce in Monroe County and who meet the
39 affordable housing income categories of the Monroe County Land
40 Development Code. The occupants are required to annually verify their
41 employment and income eligibility.
42 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr
43 evacuation of a pending major hurricane. Persons living in the workforce
44 housing early evacuation units who may be exempted from evacuation
45 requirements are limited to law enforcement, correctional and fire personnel,
46 health care personnel, and public employees with emergency management
Ord._- 2026 Page 13 of 17
I responsibilities. if there is an occupant that indicates their employment is
2 considered a`first-responder position' and not included in the list of exemptions
3 above, then the Planning Director shall determine, in writing, whether the
4 person may be exempted because of a requirement to remain during an
5 emergency. Any person claiming exemption under this provision shall submit
6 of an affidavit of qualification and faithfully certify their status with the onsite
7 property management.
8 (4) The covenants shall require rental agreements which contain a separate
9 disclosure requiring rental occupants to acknowledge the existing restrictive
10 covenant on the unit requiring evacuation in Phase 1 of the 48-hr evacuation
11 and that failure to adhere to the Phase 1 evacuation requirement could result in
12 severe penalties, including eviction, to the occupant.
13 (5) The covenants shall require onsite property managers and a separate
14 employment disclosure requiring the maintenance of training in evacuation
15 procedures and an acknowledgement that failure to adhere to the Phase 1
16 evacuation requirement could result in severe penalties, including termination.
17 (dc)Affordable Wworkforce housing early evacuation units shall be restricted to rental
18 occupancy for those who derive at least 70% of their income as members of the
19 workforce in Monroe County and who meet the affordable housing income categories
20 of the Monroe County Land Development Code. Workforce means individuals or
21 families who are gainfully employed supplying goods and/or services to Monroe
22 County residents or visitors.
23 (ed)Affordable Wworkforce housing early evacuation units shall require onsite
24 property management with property managers trained in evacuation procedures and
25 required to manage the evacuation of tenants in Phase I of an evacuation. During
26 traditional working hours, the property manager must be at an office within the
27 affordable workforce housing early evacuation unit development subject property.
28 Outside the traditional working hours, the property manager must be available at all
29 times to respond to evacuation orders.
30 (fe) The property management entity for the affordable workforce housing early
31 evacuation units shall be required to annually verify the employment and income
32 eligibility of tenants;report the total units on the site, the occupancy rates of units, and
33 tenant compliance with the requirement to evacuate the units in Phase I of an
34 evacuation, including the number of occupants that are exempt from the evacuation
35 requirements. The property management entity must submit a report to the Planning
36 and Environmental Resources Department by May 1 of each year. Further, each lease
37 and this annual report shall be kept by the property manager and be available for
38 inspection by the County during traditional working hours.
39 (gf) Affordable Wworkforce housing early evacuation units shall be located within an
40 area designated as Tier III.
41 (hg) Affordable Wworkforce housing early evacuation units shall not be located in the
42 V-Zone or within a Coastal Barrier Resource System (CBRS).
43 (ih) Affordable Wworkforce housing early evacuation units shall be located on a
44 property which has all infrastructure available (potable water, adequate wastewater
45 treatment and disposal wastewater meeting adopted LOS,paved roads, etc.).
Ord._- 2026 Page 14 of 17
I (ji) All affordable workforce housing early evacuation units must demonstrate
2 compliance with all applicable federal standards for accessibility for persons with
3 disabilities (ADA Compliance).
4 (kj) To the greatest extent practicable, a development utilizing affordable workforce
5 housing early evacuation unit building_permit allocations shall incorporate sustainable
6 and resilient design principles into the overall site design a-Rd be aeeessible to
7 emplayffient eefi4efs in Key West, Steek island afid Mafa4heii.
8 (k) To the greatest extent practicable, a development utilizing affordable workforce
9 housing early evacuation unit building permit allocations shall be located in close
10 proximi . _to employment centers in Key West, Stock Island and Marathon.
11 (1) For developments owned or operated by government agency or public housing
12 authority,property management is not required to be located onsite as indicated in this
13 subsection and Comprehensive Plan Policy 101.3.12,but must be available at all times
14 to respond to evacuation orders. However, the government agency or public housing
15 authority will oversee and coordinate requested evacuation of the residents and must
16 be available at all times to respond to evacuation orders.
17
18 GOAL 601
19 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
20 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
21 population based on type, tenure characteristics, unit size and individual preferences.
22
23 Policy 601.1.8
24 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
25 established by the State of Florida, pursuant to Administration Commission Rules, to
26 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
27 this separate allocation must meet the criteria established in the Land Development Code.
28 Monroe County may award 300 additional building permit allocations designated as
29 affordable workforce housing early evacuation units pursuant to the Workforce-
30 Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the
31 Florida Administration Commission, Chapter 2023-17, Laws of Florida, and the State
32 Land Planning_Agency neFida Depa-Ftment R tUR45. These building
33 permit allocations are in addition to the maximum allocations identified in Rules 28-20,
34 F.A.C., are restricted to rental occupancy for those who derive at least 70% of their
35 income as members of the workforce in Monroe County and who meet the affordable
36 housing income categories of the Monroe County Land Development Code, and shall be
37 required to evacuate in Phase I of the 48-hr evacuation of a pending major hurricane.
38
39
40 *****
41
42 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or
43 ambiguities, within this Ordinance or between this Ordinance and the Monroe
44 County Code of Ordinances, Florida Building Code, Monroe County Land
45 Development Code, floodplain management regulations, Comprehensive Plan, or
46 any other approval of the Monroe County Board of County Commissioners,
Ord._- 2026 Page 15 of 17
I Monroe County Planning Commission, Monroe County Planning and
2 Environmental Resources Department, or other department or office of Monroe
3 County, the rule, regulation, law, provision, and/or text more restrictive shall
4 always apply and control.
5
6 Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions
7 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
8 County Codes, Florida Statutes, and floodplain management regulations whose
9 interpretation arise out of, relate to, or are interpreted in connection with this
10 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
1 t and such interpretation shall be entitled to great weight in adversarial administrative
12 proceedings, at trial, in bankruptcy, and on appeal.
13
14 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
15 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
16 or unenforceable in or by any administrative hearing officer or court of competent
17 jurisdiction, the invalidity or unenforceability of such provision, or any part or
18 portion thereof, shall neither limit nor impair the operation, enforceability, or
19 validity of any other provision of this Ordinance, or any remaining part(s) and/or
20 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
21 and/or portion(s) thereof, shall continue unimpaired in full force and effect.
22
23 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
24 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
25 shall not repeal the repealing clause of such ordinance or revive any ordinance
26 which has been repealed thereby.
27
28 Section 7. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
29 the State Land Planning Agency pursuant to Chapter 163 and 380,Florida Statutes.
30
31 Section 8. Filing and Effective Date. This Ordinance shall be filed in the Office of the
32 Secretary of the State of Florida but shall not become effective until a notice is
33 issued by the State Land Planning Agency or Administration Commission finding
34 the amendment in compliance with Chapter 163, Florida Statutes, and after any
35 applicable challenges have been resolved.
36
37 Section 9. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
38 in the Monroe County Comprehensive Plan. The numbering of the foregoing
39 amendment may be renumbered to conform to the numbering in the Monroe County
40 Comprehensive Plan.
41
42 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
43 at a regular meeting held on the day of ,
44
45 Mayor Michelle Lincoln, District 2
Ord._- 2026 Page 16 of 17
I Mayor Pro Tem David Rice, District 4
2 Commissioner Craig Cates, District 1
3 Commissioner James K. Scholl, District 3
4 Commissioner Holly Merrill Raschein, District 5
5
6
7
8 BOARD OF COUNTY COMMISSIONERS
9 OF MONROE COUNTY, FLORIDA
10
11 BY
12 MAYOR MICHELLE LINCOLN
13
14 (SEAL)
15
16 ATTEST: KEVIN MADOK, CLERK
17
18
19 AS DEPUTY CLERK
Ord._- 2026 Page 17 of 17
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Tuesday, April 14, 2026 11:03 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Liz Yongue; InternalAudit; Agenda Item Review Team; MGT; Francis-Lourdes; Gongre-
Mark; Maddox-Natalie; Moeller-Mary; Moore-Deborah; Proffitt-Maureen; Tamborski-
Cheri; Tolpin-Devin; Wilson-Kevin; Liz Yongue; Liz Yongue; Gastesi-Roman; Liz
Yongue; Senior Management Team and Aides
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; Kevin Madok; Valcheva-Svilena;
Powell-Barbara; Guerra-Cynthia; Brynn Morey
Subject: Item U8 BOCC 04/15/2026 REVISED ITEM TITLE & BACKUP
Attachments: AIS.docx; 2025.220.Draft.Ord2.docx
Good morning,
Please be advised that the item title and backup for the U8 agenda item have been revised.
"A Public Hearing to Consider�proval of a Resolution T ��� smioa'^'Transmitting to the State Land Planning
Agency an Ordinance by the Monroe County Board of County Commissioners Amending the Future Land Use
Element and the Housing Element of the 2030 Monroe County Comprehensive Plan to Eliminate the ]-for-]
Exchange for the remaining 300 Workforce Affordable Housing Early Evacuation Unit Building Permit
Allocations. "
Thanle
�,-,rrystal crontez
Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Courier Stop 41
Notary Public
�y ------_-rv_�
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
COUNTY of BOARD OF COUNTY COMMISSIONERS
! Mayor Michelle Lincoln,District 2
MONROE m Mayor Pro Tem David Rice,District 4
Craig Cates,District 1
The Florida Keys James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: {{section.number}}{{item.number}}
26-0740
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Transmittal
of Transmitting to the State Land Planning Agency an Ordinance by the Monroe County Board of
County Commissioners Amending the Future Land Use Element and the Housing Element of the 2030
Monroe County Comprehensive Plan to Eliminate the 1-for-1 Exchange for the remaining 300
Workforce Affordable Housing Early Evacuation Unit Building Permit Allocations.
ITEM BACKGROUND: The Monroe County Planning & Environmental Resources Department is
proposing amendments to the Future Land Use Element and the Housing Element of the 2030
Comprehensive Plan, as originally directed by the BOCC on September 11, 2024, to eliminate the 1-
for-1 exchange for the remaining 300 workforce affordable housing early evacuation unit building
permit allocations.
On August 20, 2025, Ordinance 018-2025 was adopted at a regular meeting of the Board of County
Commissioners. The Ordinance, contained an amendment to the 2030 Monroe County Comprehensive
Plan, similar to the one being proposed. Ordinance 018-2025 was transmitted to FloridaCommerce on
August 26, 2025, to determine compliance on or before October 10, 2025, as required by Section
163.3184(4)(e)4., Florida Statutes,(F.S.). A determination of compliance was not provided to the
County, rather, on November 4, 2025, FloridaCommerce provided a letter stating, "Monroe County's
adopted amendment 25-03ACSC is more restrictive or burdensome making it null and void ab initio
pursuant to Section 28 of Chapter 2025-190, L.O.F. "
The amendment as currently proposed addresses the language that was identified by FloridaCommerce
staff as being in conflict with the provisions in Section 28 of Chapter 2025-190, L.O.F.
Please refer to attached staff report for the proposed amendment and the supporting data and analysis.
PREVIOUS RELEVANT BOCC ACTION: On April 13, 2016, the BOCC adopted the 2030
Comprehensive Plan and Land Development Code, which included a ROGO allocation distribution
through the year 2023, based on Rule 28-20.140, F.A.C., and the Department of Economic
Opportunity's completion of the hurricane evacuation clearance time modeling task that found with 10
years' worth of building permits, the Florida Keys would be at a 24 hour evacuation clearance time
(Phase 2 of the 48-hr phased/staged evacuation).
On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative (Exhibit 1).
The proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations
throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce
housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a
hurricane evacuation. Any development receiving the units would be required to sign a rental
management agreement indicating they would be required to assure the evacuation of all occupants of
the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these
units. The press release specifically stated, "To meet the increased demand for workforce housing, the
innovative Keys Workforce Housing Initiative will require new construction that participates to commit
to evacuating renters in the 48-hour window of evacuation."
Commissioner Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the
Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting (May
15, 2018). At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss
concerns identified with DEO and provide an update to the BOCC at the next meeting.
On May 16, 2018, the County Attorney provided the BOCC a report on the Governor's proposal for
1,300 additional ROGO allocations following her meeting with DEO and state level staff. He advised
the Board that they have a cabinet meeting scheduled for June 13,2018 to discuss the allocations further.
On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
regarding the Workforce Initiative at the meeting with the Cabinet on June 13, 2018.
On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
Florida Keys'local governments that choose to participate in the initiative will work with DEO to amend
their respective comprehensive plans to allow for additional building permits for rental workforce
housing with the condition of early evacuation.
DEO provided County staff with preliminary draft language based on the minimum requirements
established in the initiative to use as a starting point when drafting proposed language (Exhibit 2).
Additionally, DEO issued the graphic below demonstrating the 2012 Hurricane Evacuation model
results that indicated there were still 6.5 hours of additional road capacity in Phase 1 of the hurricane
evacuation model.
In support of the Housing Initiative at the June 13, 2018 Cabinet meeting, DEO staff made a
presentation stating that the Phase I evacuation (under the existing staged evacuation plan) can be
accomplished in 17.5 hours, leaving additional capacity of 6.S hours in Phase I. DEO concluded that
the Housing Initiative "will not interfere with the 24-hour evacuation model and satisfies the statutory
mandate to provide affordable housing. "
On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
Department of Economic Opportunity("DEO")for a Keys Workforce Housing Initiative. The proposed
initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations throughout the
Florida Keys (ROGOs or Building Permit Allocation Systems).
Commissioner Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the
Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting (May
15, 2018). At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss
concerns identified with DEO and provide an update to the BOCC at the next meeting.
On May 16, 2018, the County Attorney provided the BOCC a report on the Governor's proposal for
1,300 additional ROGO allocations following her meeting with DEO and state level staff. He advised
the Board that they have a cabinet meeting scheduled for June 13,2018 to discuss the allocations further.
On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
regarding the Workforce Initiative at the meeting with the Cabinet on June 13, 2018.
On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
Florida Keys' local governments that choose to participate in the initiative will work with DEO to
amend their respective comprehensive plans to allow for additional building permits for rental
workforce housing with the condition of early evacuation.
On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item
regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC meeting.
On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the
state's initiative that address several concerns raised related to the enforceability of the evacuation
provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida
Keys Workforce Housing Initiative,which, if implemented,would create a precedent that would require
the state to award as many as 10,000 additional units in the future.
On January 30, 2019, the BOCC considered options to accept the 300 units. Staff drafted three (3)
options for consideration by the BOCC:
1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through
2026;
2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and
3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023.
The BOCC took no action.
On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
out for an additional three (3)years from 2023 to 2026.
On January 22,2020,the BOCC directed staff to prepare an agenda item to discuss and provide direction
on whether to direct staff to process Comprehensive Plan and Land Development Code amendments to:
1) move a portion of market-rate Rate Of Growth Ordinance (ROGO) units to the affordable housing
allocation pool and/or 2) accept the 300 Workforce Housing units offered by the Department of
Economic Opportunity (DEO)required to evacuate in Phase 1 of the Hurricane Evacuation model.
On February 19, 2020,the BOCC discussed whether to direct staff to process a comprehensive plan and
land development code amendment to: 1) move a portion of the 378 remaining Market Rate - Rate of
Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2)
accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO)
required to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the
potential shifting of market rate allocations to the affordable housing pool but did direct staff to start the
process to accept the 300 workforce housing units.
On July 15, 2020, during a discussion item on potentially shifting market rate allocations to the
affordable housing pool (agenda item I5),the BOCC provided further direction to staff on accepting the
300 workforce housing early evacuation unit building permit allocations. The BOCC directed: accept
the 300 workforce housing early evacuation unit buildingpermit allocations to be used in exchange for
existing affordable allocations at multifamily developments (for developers that agree to the early
evacuation restriction) and the affordable housing allocations returned to the County (returned in the
exchange) be set aside and banked for takings cases (bank them within an administrative reliefpool).
On January 20, 2021,the BOCC adopted Resolution 041-2021 to transmit the proposed amendments to
DEO to review the 300 workforce housing early evacuation unit proposal,with a modification to Policy
101.3.12 to eliminate the requirement for a development agreement. With the 300 unit amendment being
structured as an exchange program, the projects exchanging units have previously completed their
development review and multiple hearings for a development agreement seems unnecessary, time
consuming and costly. The BOCC and staff can review approve the exchange through a resolution
approving a contract. DEO reviewed the amendment and issued an Objections, Recommendations and
Comments (ORC) report, received by the County on March 30, 2021. The ORC report stated, "the
Department does not identify any objections or comments to the proposed amendment."
On April 21, 2021, the BOCC adopted Ordinances 2021-005 and 2021-006 authorizing the acceptance
of the 300 early evacuation allocations from the State and to allow said allocations be used in exchange
of existing affordable units/ approved affordable allocations. Additionally, the Ordinance includes
provisions that allow the returned affordable units/allocations to be banked to resolve potential takings
cases.
At the September 11, 2024 Board of County Commissioners (BOCC) Meeting, the BOCC approved
transmittal to the State Land Planning Agency (Florida Department of Commerce) an ordinance
approving an amendment to the Comprehensive Plan to newly create Goal 113, Object 113.1, and site-
specific subarea 1 (Tavernier Workforce Housing Subarea 1), applicable to a portion of property located
at 92501 Overseas Highway which included text changes to the adopted policies of Monroe County's
Comprehensive Plan, which limit disposition of early evacuation unit allocations to a 1-for-1 exchange
program for banking into the County's administrative relief pool for takings and Bert Harris Act liability
reduction countywide.
At the September 11, 2024 BOCC meeting,the BOCC additionally directed Planning&Environmental
Resources Department professional staff to begin processing Comprehensive Plan and Land
Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act liability
reduction exchange requirement for the remaining 214 early evacuation unit building permit
allocations.
At the December 11, 2024, BOCC Meeting, the BOCC adopted Ordinance 030-2024 which created a
site-specific subarea within Tavernier that permits Cemex Construction Materials Florida LLC (f/k/a
Singletary Concrete Products Inc.) to use 86 early evacuation unit building permit allocations on one
site in Tavernier without meeting the requirement of the 1-for-1 takings and Bert Harris Act liability
reduction exchange required by the current Comprehensive Plan and Land Development Code.
On April 16, 2025, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
transmittal of a proposed text amendment to the 2030 Comprehensive Plan (Planning and
Environmental Resources Department File No. 2024-213), considered the staff report, and provided for
public comment and public participation in accordance with the requirements of state law and the
procedures adoption for public participation in the planning- process. The BOCC adopted Resolution
168-2025 transmitting a proposed amendment to the State Land Planning Agency (FloridaCommerce)
for review and comment. Following their review of the proposed amendment, FloridaCommerce issued
an Objections, Recommendations and Comments (ORC) report on June 27, 2025. The ORC report did
not identify any objections, recommendations or comments. The County has 180 days from the date of
receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt
the amendment.
At the August 20, 2025, BOCC Meeting, the BOCC adopted Ordinance 018-2025. On November 4,
2025, FloridaCommerce provided a letter stating, "Monroe County's adopted amendment 25-03ACSC
is more restrictive or burdensome making it null and void ab initio pursuant to Section 28 of Chapter
2025-190, L.O.F. "
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment.
DOCUMENTATION:
• Draft Ordinance
• Exhibit 2 - May 2, 2018, Governor Rick Scott press release outlining an initiative to the
Florida Department of Economic Opportunity ("DEO") for a Keys Workforce Housing
Initiative.
• Exhibit 3 - DEO Preliminary draft language based on the minimum requirements.
• Exhibit 4 - Ordinance No. 005-2021
• Exhibit 5 - FloridaCommerce November 4, 2025, letter
FINANCIAL IMPACT:
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:
1 Cam) EXHIBIT A TO RES. NO. - 2026
g
2
4 YJ \11
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2026
10
11
12 AN ORDINANCE OF THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO
14 THE MONROE COUNTY 2030 COMPREHENSIVE PLAN
15 AMENDING THE FUTURE LAND USE ELEMENT AND THE
16 HOUSING ELEMENT TO MODIFY THE REQUIREMENTS
17 RELATED TO THE 300 KEYS AFFORDABLE WORKFORCE
18 HOUSING INITIATIVE EARLY EVACUATION UNIT BUILDING
19 PERMIT ALLOCATIONS CREATED BY THE GOVERNOR OF
20 FLORIDA, ATTORNEY GENERAL OF FLORIDA, CHIEF
21 FINANCIAL OFFICER OF FLORIDA, AND FLORIDA
22 AGRICULTURE COMMISSIONER ACTING IN THEIR CAPACITY
23 AS THE FLORIDA ADMINISTRATION COMMISSION BY
24 REMOVING THE I-FOR-I TAKINGS AND BERT HARRIS ACT
25 LIABILITY REDUCTION EXCHANGE REQUIREMENT BY
26 AMENDING, AS WELL AS CLARIFYING, POLICIES 101.2.2,
27 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 101.3.12,
28 '4 . 60 .2-, 601.1.8, 1AA 04—.4&4; PROVIDING FOR
29 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
30 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
31 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
32 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN
33 THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
34 FOR AN EFFECTIVE DATE. (FILE NO. 2025-220)
35
36
37
38 WHEREAS, at the September 11, 2024, BOCC meeting, the BOCC directed Planning &
39 Environmental Resources Department professional staff to begin processing Comprehensive Plan
40 and Land Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris
41 Act liability reduction exchange requirement for the remaining 214 early evacuation unit building
42 permit allocations;
43
44 WHEREAS, on November 24, 2025, a community meeting was held, as required by
45 Monroe County Land Development Code ("LDC" or "Code") Section 102-159(b) to discuss the
Ord. - 2026 Page 1 of 17
I proposed amendment to the Land Development Code and Comprehensive Plan, and provide for
2 public participation; and
3
4 WHEREAS, the Monroe County Development Review Committee (DRC) considered the
5 proposed amendment at a regularly scheduled meeting held on January 27, 2026; and
6
7 WHEREAS, on January 29, 2026, the DRC Chair signed Resolution No. DRC 02-26
8 recommending approval of the proposed text amendment; and
9
10 WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a
11 public hearing on the 25 h day of February 2026, for review and recommendation on the proposed
12 Comprehensive Plan text amendment; and
13
14 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P08-26
15 recommending approval to the Board of County Commissioners of the proposed amendments to
16 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10,
17 101.3.11, 101.3.12, and 601.1.8; eliminating the 1-for-1 takings and Bert Harris Act liability
18 reduction exchange requirement for the remaining 214 early evacuation unit building permit
19 allocations with inclusion of the following sentence, shown as double-underline, added to Policy
20 101.3.12(l):
21
22 For developments owned or operated by a government agency or public housing authority,
23 property management is not required to be located onsite as indicated in this subsection and
24 Comprehensive Plan Policy 101.3.12, but must be available at all times to respond to evacuation
25 orders. However, the government agency or public housing authority will oversee and enforce
26 requested evacuation of the residents and must be available at all times to respond to evacuation
27 orders. ;and
28
29 WHEREAS, at a regular meeting held on the 15t'day of April, 2026, the Monroe County
30 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
31 text amendment, considered the staff report and provided public comment and public participation
32 in accordance with the requirements of state law and the procedures adopted for public
33 participation in the planning process; and
34
35 WHEREAS, at the April 15t', 2026, public hearing, the BOCC considered the proposed
36 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning
37 Agency; and
38
39 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
40 Objections, Recommendations and Comments ("ORC") report on received by the
41 County on ; and
42
43 WHEREAS, the ORC report<did/did not> identify any objections, recommendations, or
44 comments; and
Ord. - 2026 Page 2 of 17
I WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
2 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
3
4 WHEREAS, at a regularly scheduled meeting on the day of the
5 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
6 amendment;
7
8 WHEREAS, based upon the information and documentation submitted, the BOCC made
9 the following findings of fact and conclusions of law:
10 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
11 Monroe County Year 2030 Comprehensive Plan; and
12 2. The proposed amendment is consistent with the Principles for Guiding Development
13 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
14 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
15 4. The proposed amendment will not result in an adverse change in community character
16 to the sub-area which a proposed amendment affects.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
19 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
20
21 Section 1. Recitals and Legislative Intent.The foregoing recitals,findings of fact,statements
22 of legislative intent, and conclusions of law are true and correct and are hereby
23 incorporated as if fully stated herein.
24
25 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows
26 (Deletions are shown st-fi kef thfett ; additions are shown underlined):
27
28 Objective 101.2
29 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
30 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
31 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
32 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
33 adopted between the County and all the municipalities and the State agencies.
34
35 Policy 101.2.1
36 Monroe County shall maintain a memorandum of understanding with the State Land
37 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
38 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
39 data and analysis,the input variables and assumptions, including regional considerations,
40 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
41 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
42 clearance times for the population of the Florida Keys.
43
44 Policy 101.2.2
Ord. - 2026 Page 3 of 17
I Monroe County shall coordinate with all the municipalities, the State Land Planning
2 Agency and Division of Emergency Management to update the variables and assumptions
3 for the evacuation clearance time modeling and analyses of the build-out capacity of the
4 Florida Keys Area of Critical State Concern based upon the release of the decennial
5 Census data. Pursuant to the 2012 eempl-eted hurricane evacuation clearance time
6 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
7 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
8 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
9 maintaining an evacuation clearance time of 24 hours. The County adopted a slower rate
10 of annual allocations for market rate development to extend the allocation timeframe to
11 2026 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County
12 shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for
13 hurricane evacuation clearance time requirement standards; 2)new hurricane evacuation
14 modeling by the State Land Planning Agency and Division of Emergency Management;
15 and 3) a new or revised memorandum of understanding with the State Land Planning
16 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key
17 Colony Beach and Layton (see Policy 101.2.1).
18
19 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12,
20 Monroe County shall establish a new allocation category to accept and award 300
21 affordable workforce housing early evacuation unit building permit allocations pursuant
22 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative).
23 These allocations are in addition to the maximum allocations identified in Rules 28-20,
24 F.A.C., and shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending
25 major hurricane.
26
27 Policy 101.2.3
28 The County will consider capital improvements based upon the need for improved
29 hurricane evacuation clearance times, including potential impacts from sea level rise to
30 the County`s evacuation route. The County will coordinate with the FDOT, the state
31 agency which maintains U.S.1, to ensure transportation projects that maintain and
32 improve clearance times are prioritized.
33
34 Policy 101.2.4
35 In the event of a pending major hurricane (Category 35) Monroe County shall
36 implement the following staged/phased evacuation procedures to achieve and maintain
37 an overall 24-hour hurricane evacuation clearance time for the resident population.
38
39 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
40 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
41 vessels (transient and non-transient), military personnel, units approved; and deed
42 restricted as affordable workforce housing early evacuation units from the Florida
43 Keys shall be initiated. State parks and campgrounds should be closed at this time or
44 sooner and entry into the Florida Keys by non-residents should be strictly limited.
Ord. - 2026 Page 4 of 17
1 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
2 of mobile home residents, special needs residents, and hospital and nursing home
3 patients from the Keys shall be initiated.
4 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
5 evacuation of permanent residents by evacuation zone (described below) shall be
6 initiated. Existing evacuation zones are as follows:
7 a) Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
8 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
9 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
10 63)
11 d)Zone 4 -West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
12 63-106.5 and MM 1-9.5 of CR 905)
13 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
14
15 The actual sequence of the evacuation by zones will vary depending on the individual
16 storm. The concepts embodied in these staged evacuation procedures should be
17 embodied in the appropriate County operational Emergency Management Plans.
18
19 The evacuation plan shall be monitored and updated on an annual basis to reflect
20 increases, decreases and or shifts in population;particularly the resident and non-resident
21 populations.
22
23 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
24 of allocations to more than 197 residential units a year, except for affordable housing.
25 Any increase in the number of allocations shall be for affordable housing. Monroe County
26 hereby accepts 300 affordable workforce (^ e) housing early evacuation unit
27 building permit allocations pursuant to the Workforce-Affordable Housing Initiative
28 (Policy 101.3.12 Workforce Initiative) authorized by the Florida Administration
29 Commission, Chapter 2023-17, Laws of Florida, and the State Land Planning Agency
30 Flefid Department E,.,,ratnie Oppe-V nity These early evacuation allocations are in
31 addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
32 restricted to rental occupancy for those who derive at least 70% of their income as
33 members of the workforce in Monroe County and who meet the affordable housing
34 income categories of the Monroe County Land Development Code. The early evacuation
35 allocations shall be required to evacuate in Phase 1 of the 48-hr evacuation as provided
36 in Policy 101.2.4 of ^ rending ,,,ajef h,,,-,.ieane No new additional residential dwelling
37 unit allocations shall be authorized within the Phase 1 of the 48-hr evacuation unless
38 approved and provided by the Florida Administration Commission and the State Land
39 Planning Agenc�Flefi��r* ^^r^m ^ nNr^� after review of hurricane
40 evacuation modeling results by the State Land Planning Agency and the Division of
41 Emergency Management of available evacuation capacity and a review of the level of
42 service and available capacity for all public facilities.
43
44 Objective 101.3
Ord. - 2026 Page 5 of 17
I Monroe County shall regulate new residential development based upon the finite carrying
2 capacity of the natural and man-made systems and the growth capacity while maintaining a
3 maximum hurricane evacuation clearance time of 24 hours.
4
5 Policy 101.3.1
6 Monroe County shall maintain a Permit Allocation System for new residential
7 development known as the Residential Rate of Growth Ordinance (ROGO) System. The
8 Permit Allocation System shall limit the number of permits issued for new residential
9 dwelling units. The ROGO allocation system shall apply within the unincorporated area
10 of the county, excluding areas within the county mainland and within the Ocean Reef
11 planned development (Future development in the Ocean Reef planned development is
12 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
13 recognized and issued by the Department of Community Affairs). New residential
14 dwelling units included in the ROGO allocation system include the following: affordable
15 housing units; market rate dwelling units; mobile homes; institutional residential units
16 (except hospital rooms) and affordable workforce housing early evacuation units.
17
18 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
19 a distinct location, and therefore cannot be accounted for in the County's hurricane
20 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
21 or associated wet slips be transferred upland or converted to a dwelling unit of any other
22 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
23 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
24 Exemption).
25
26 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
27 units; and seasonal residential units are subject to Policy 101.3.5.
28
29 For purposes of this Policy,the redevelopment or replacement of any lawfully established
30 unit within the Venture out community, which is located in the Lower Keys at MM23 on
31 Cudjoe Key, that does not increase the number of units, above that which existed on or
32 before January 4, 1996, shall be exempt from the permit allocation (ROGO) system.
33 Policies 101.3.5 and 101.6.8 shall not apply to Venture Out, and the units within Venture
34 Out may be developed as either detached dwelling, mobile home or recreational vehicle
35 use through the approval of a building permit, provided the following are met:
36 1. To not increase the hurricane evacuation clearance time of permanent
37 residents, in the event of a pending major hurricane (Category 35), a
38 mandatory evacuation of all occupants of units within Venture Out,
39 regardless of unit type, is required at least 48 hours in advance of tropical
40 storm winds. Approximately 48 hours in advance of tropical storm winds, a
41 mandatory evacuation of occupants residing in a permanent unit shall be
42 initiated and a mandatory evacuation of both the occupants of recreational
43 vehicles (RVs) and the RVs shall be initiated;
44 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of
45 detached dwelling (permanent), mobile home (permanent) and recreational
Ord. - 2026 Page 6 of 17
I vehicles (transient) uses may occur only within the gated Venture Out
2 community with a managing entity responsible for evacuation;
3 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
4 prohibited;
5 4. Recreational Vehicles must meet all land development regulations,
6 floodplain management regulations and any building code requirements for
7 recreational vehicles;
8 5. A recreational vehicle must have current licenses required for highway
9 travel, be attached to the site only by the quick disconnect-type utilities, and
10 no permanent additions such as sun rooms or state rooms shall be permitted;
11 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit,
12 regardless of use type,within the Venture Out community may be transferred
13 to another site outside of the Venture Out community; and
14 7. In no case shall recreational vehicles (transient units) be developed as a
15 hotel/motel.
16 Policy 101.3.2
17 The number of permits issued for residential dwelling units under the Rate of Growth
18 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
19 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
20 ROGO year and 300 affordable workforce housing early evacuation unit building permit
21 allocations authorized by the Florida Administration Commission, Chapter 2023-17,
22 Laws of Florida, and the State Land Planning Agency Flefi,a Dee ,moment E,.eftetnie
23 Oppe�.A ROGO year means the twelve-month period beginning on July 13. Market
24 rate allocations shall not to exceed 126 residential units per year. Unused allocations for
25 market rate shall be available for Administrative Relief.
26
27 In 2012,pursuant to Rule 28-20.140,F.A.C.,the State Land Planning Agency Depute
28 of E,.eftetnie Oppe-ttaity completed the hurricane evacuation clearance time modeling
29 task and found that with 10 years' worth of building permits, the Florida Keys would be
30 at a 24 hour evacuation clearance time. This creates challenges for State of Florida and
31 Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier
32 II, 260 Tier III-A (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970
33 new allocations this may result in a balance of 6,198 privately held vacant parcels at risk
34 of not obtaining permits in the future. In recognition of the possibility that the inventory
35 of vacant parcels exceeds the total number of allocations which the State will allow the
36 County to award, the County adopted a slower rate of annual allocations for market rate
37 development to extend the allocation timeframe to 2026 and is accepting 300 affordable
38 workforce(^ e)housing early evacuation unit building permit allocations pursuant
39 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative)
40 authorized by the Florida Administration Commission, Chapter 2023-17, Laws of
41 Florida, and the State Land Planning Agency Flefida Dee ,moment E,.eftetnie Oppe
42 These affordable workforce housing early evacuation allocations that are in addition to
43 the maximum building permit allocations identified in Rules 28-20, F.A.C. The County
Ord. - 2026 Page 7 of 17
I will consider adopting an extended timeframe for distribution of the ROGO allocations
2 through 2033 with committed financial support from its State and Federal partners. This
3 timeframe can provide a safety net to the County and provide additional time to
4 implement land acquisition and other strategies to reduce the demand for ROGO
5 allocations and help transition land into public ownership.
6
7 The County is actively engaged in acquisitions and is requesting its State and Federal
8 partners for assistance with implementing land acquisitions in Monroe County. The
9 County will allocate the 1,970 new dwelling unit allocations through July 12, 2026. If
10 substantial financial support is provided by July 12, 2023, the County will reevaluate the
11 ROGO distribution allocation schedule and consider an extended timeframe for the
12 distribution of market rate allocations (through a comprehensive plan amendment).
13 Further, the State and County shall develop a mutually agreeable position defending
14 inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act
15 cases, with the State having an active role both directly and financially in the defense of
16 such cases.
17
18 The County shall distribute ROGO allocations by ROGO year, as provided in the table
19 below.
20
Annual Allocation
ROGO Year Affordable Affordable Workforce
Market Rate Housing Housing Early
Evacuation Initiative
July 13, 2013—July 12, 2014 126 71
July 13, 2014—July 12, 2015 126 71
July 13, 2015—July 12, 2016 126
July 13, 2016—July 12, 2017 126
N/A
July 13, 2017—July 12, 2018 126
July 13, 2018—July 12, 2019 126
July 13, 2019—July 12, 2020 126 568 total AFH
July 13, 2020—July 12, 2021 64 (total available
July 13, 2021—July 12, 2022 64 immediately)
July 13, 2022—July 12, 2023 64
July 13, 2023—July 12, 2024 62 300**
July 13, 2024—July 12, 2025 62
July 13, 2025—July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
Ord. - 2026 Page 8 of 17
** Affordable Wworkforce housing early evacuation unit building permit allocations shall be
available countywide (unincorporated county) in the Upper and Lower Keys subareas and
distributed on a first-come first-serve basis. Requests for dwelling units developed and/or deed-
restricted utilizing the affordable workforce housing early evacuation unit building permit
allocations are subject to the provisions of Policy 101.3.12.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the
3 annual allocation rate. Monroe County will request a Rule change from the
4 Administration Commission to authorize the above allocation timeframe and rate.
5
6 Policy 101.3.3
7 Monroe County shall allocate at least 20% of the annual allocation, or as may be
8 established by the State of Florida, pursuant to Administration Commission Rules, to
9 affordable housing units as part of ROGO. Any portion of the allocations not used for
10 affordable housing shall be retained and be made available for affordable housing from
11 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
12 affordable workforce housing early evacuation units shall meet the criteria specified in
13 Policy 601.1.4 and the Land Development Code, but shall not be subject to the
14 competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any
15 parcel proposed for affordable housing or affordable workforce housing early evacuation
16 units shall not be located within an area designated as Tier I as set forth under Goal 105
17 or within a Tier III-A Special Protection Area as set forth in Policy 205.1.1.
18
19 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
20 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
21 the following criteria:
22 1. The property contains an existing market rate dwelling unit that meets the criteria
23 in LDC Section 138-22(a) and is determined to be exempt from ROGO;
24 2. The proposed replacement affordable dwelling unit meets current Florida
25 Building Code and is not a mobile home;
26 3. The proposed replacement dwelling unit shall be deed restricted for a period of at
27 least 99 years as affordable housing pursuant to the standards of the Land
28 Development Code; and
29 4. The proposed site plan for the replacement affordable dwelling unit does not
30 propose any additional clearing of habitat.
31
32 Policy 101.3.4
33 The Permit Allocation System (or Rate of Growth Ordinance) for new residential
34 development shall specify procedures for:
35 1. establishing the annual number of ems-allocations for new residential units to be
36 issued during the next ROGO year based upon, but not limited to the following:
37 a. expired allocations and building permits in previous year;
38 b. allocations available, but not allocated in previous year;
39 c. number of allocations borrowed from future quarters;
Ord. - 2026 Page 9 of 17
I d. vested allocations;
2 e. modifications required or provided by Administration Commission Rules;
3 f. modifications required or provided by this plan or agreement pursuant to
4 Chapter 380, Florida Statutes; and
5 g. receipt or transfer of affordable housing allocations by intergovernmental
6 agreement; and
7 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
8 Clearance Time Memorandum of Understanding.
9 2. allocation of affordable housing, affordable workforce housing early evacuation units
10 building permit allocations and market rate housing units in accordance with Policies
11 101.3.2 and 101.3.3; and
12 3. timing of the acceptance of applications, evaluation and scoring of applications, and
13 issuance of permits for new residential development during the calendar year.
14
15 Policy 101.3.5
16 Due to the limited number of allocations and the State's requirement that the County
17 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
18 shall prohibit new transient residential allocations for hotel or motel rooms, campground
19 spaces, or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully
20 established transient units shall be entitled to one unit for each type of unit in existence
21 before January 4, 1996, for use as a ROGO exemption.
22
23 Policy 101.3.6
24 All public and institutional uses (except hospital rooms) that predominately serve the
25 County's non-transient population and which house temporary residents shall be subject
26 to the Permit Allocation System for residential development, except upon factual
27 demonstration that such transient occupancy is of such a nature so as not to adversely
28 impact the hurricane evacuation clearance time of Monroe County.
29
30
31
32 Policy 101.3.9
33 For those ROGO applications and properties which have not received a ROGO award for
34 four consecutive years and have applied for administrative relief, which are designated
35 Tier I, 11, or ILIA, the County or the State shall offer to purchase the property if funding
36 for such is available. Refusal of the purchase offer shall not be grounds for granting a
37 ROGO award.
38
39 Policy 101.3.10
40 Notwithstanding any other provision of the Plan, except the last sentence of this Policy
41 101.3.10, building allocations utilized for affordable housing projects may be pooled and
42 transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO
43 subarea, and between local government jurisdictions within the Florida Keys Area of
44 Critical State Concern (ACSC). Anysuch transfer of affordable housing allocations
Ord. - 2026 Page 10 of 17
I between local government jurisdictions must be accomplished through an interlocal
2 agreement between the sending and receiving local governments. Interlocal agreements
3 that involve assigning the County's affordable housing (not including affordable housing
4 allocations banked for takings cases) allocations to existing dwelling units within a
5 municipality with a requirement that the associated market rate ROGO/BPAS exemptions
6 be transferred into the unincorporated County as an exchange for the affordable housing
7 allocations transferred to the municipality, shall be accomplished through a minor
8 conditional use permit approval and shall be subject to the receiver site criteria in Policy
9 101.6.8 and may be transferred to any subarea within the unincorporated County.
10 In no event shall the County;
11 (1) pool and transfer affordable workforce housing early evacuation unit building
12 ep rmit allocations between ROGO sub-areas,
13 (2) transfer affordable workforce housing early evacuation unit building permit
14 allocations to another government jurisdiction,
15 (3) receive affordable workforce housing early evacuation unit building permit
16 allocations from another government jurisdiction„ or
17 (4) transfer affordable housing ROGO allocations received by the County in
18 exchange for affordable workforce housing building_permit early evacuation unit
19 allocations to another government jurisdiction.
20
21 Notwithstanding Policy 101.3.10(2), affordable workforce early evacuation unit building
22 permit allocations may be transferred to another government jurisdiction for County-
23 initiated affordable housing projects within incorporated cities, as approved by an
24 interlocal agreement as approved by the BOCC.
25
26 Policy 101.3.11
27 Monroe County may receive additional building permit allocations pursuant to the 2012
28 completed hurricane evacuation clearance time modeling and allocation
29 recommendations by the State Land Planning Agency and the Administration
30 Commission's direction that the City of Key West\transfer annually (by July 15th) any
31 remaining unused allocations for that year to the other Florida Keys' local governments
32 based upon the local governments' ratio of vacant land. Any transferred allocations from
33 the City of Key West to Monroe County shall be made available for Administrative
34 Relief. Monroe County may receive, and award 300 building permit allocations
35 designated as affordable workforce housing early evacuation units pursuant to the
36 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
37 provided by the Florida Administration Commission and the State Land Planning Agency
38 Flefida r,epaft-me t E,.eftefnie Oppe-tunic.. These early evacuation allocations that are
39 in addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
40 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
41
42 Policy 101.3.12
43 Affordable Workforce Housing Early Evacuation Initiative. To support Monroe
44 County's workforce by alleviating constraints on affordable housing, to protect private
45 property rights and address potential liability, the County is participating in the
46 Workforce-Affordable Housing Initiative (Workforce Initiative), as approved during the
Ord. - 2026 Page 11 of 17
I June 13, 2018 meeting of the Florida Administration Commission. Monroe County
2 accepts the 300 affordable workforce housing early evacuation building permit
3 allocations pursuant to the Workforce-Affordable Housing Initiative authorized by the
4 Florida Administration Commission, Chapter 2023-17, Laws of Florida, and the State
5 Land Planning The Workforce-
6 Affordable Housing Initiative will require dwelling units constructed and/or deed
7 restricted with workforce housing early evacuation building permit allocations to
8 evacuate occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane,
9 pursuant to the criteria below.
10
11 To participate in the Workforce Initiative, Monroe County shall be responsible for the
12 management, distribution, and enforcement of requirements associated with the
13 affordable workforce housing early evacuation building permit allocations. Monroe
14 County shall ensure adherence to these requirements through implementation of this
15 policy and shall annually provide to the State Land Planning Agency Flefida DepaAm^r*
16 Eeeftetnie Oppeftunity a report indicating the number of affordable workforce housing
17 early evacuation units built and/or deed restricted, occupancy rates, and compliance with
18 the requirement to evacuate the units in Phase I of an evacuation. The annual report shall
19 be provided to the State in a timely manner such that the State may include the
20 information in the required Annual Report to the Govemof and Cabinet Florida
21 Administration Commission on the County's progress toward completion of its Work
22 Program pursuant to Rule 28-20, F.A.C.
23
24 Dwelling units developed and/or deed restricted utilizing the affordable workforce
25 housing early evacuation unit building permit allocations are subject to the following:
26
27 (a) Requests for affordable workforce housing early evacuation unit building_permit
28 allocations s ha l be -ai'-a'-'e^�af a 1 fef 1 exehange-derma ablti
29 allee tons/ and require a reservation via BOCC resolution. The BOCC
30 may, at its discretion,place conditions on any reservation as it deems appropriate such
31 as establishing the income categories for allocations granted. The BOCC m—,
32
33
34 meet the fe 3f the wefkfefee housing eafly evaeijatieft tmit alleeatiefts.-
35 Fut4hef, the BOCC may, at its di Pfeve the exehange of existing deed
36 restfiete •�affefdable housing „its (!a-wffi1 affe Viable 2 2 ti6 at existing
37 multifamily residential developments fef alleeations tmdef the initiative to
38
39 the, ^fiferee housing eafl , o tief , „it flee t;^„s
40 (1) The ffef a ble flee t;^„s fettimed to the County ; o ^hange fef efkfefe
41
housing eafly evaettatieft tmit alleeatiefts shall be banked and used fef fawfe-
42
43 eendemnatieft eases and r Hafris, if. Pfi te Pfoperty Rights Pfeto^tie
44 ^yes.
45 (2` To maintain ee v„lo 28-220.140(2)(b) F.A.C., the ffe i ble
46
Ord. - 2026 Page 12 of 17
I and shall also be fetufned to the efiginal affe,-.aa le Lousing e to.tefy (ye fy
3
4 on the efiginal appfeved affe,-dable Lousing; e eateger-y . ., lose,-ineem o
5 eutegefy.
6
7 r pert eko� ,, the ce �e �pp�Ie tie„ the v t f r,-e tl,
8 Ofdiftanee (D!1GO) fee, ; t; �,ided they meet the ;tefi established ;
9 the Compfehensive Plan and Land Development Code.
10
11 of pfefit if the 0 0 e f a basie r peft.,fight. Fef the r e of this p he,
12 befiefieial use shall mean the tniftitnum use of the pfopefty fteeessafy to a-void
13 the finding f a o „l tefy taking, , def etiffent!and use ease law.
14
15 Etwelliiit,,,crrits tAili g „-Lf. ee housing ^cafly evaetlati-ei Mit
16
17 BOCC and the pl;eant to offie-i ly exehange the alleeations and eeftfin
18 eemplianee with th ro 0 o„ts Wefkf,fee initiative, ithif this P liey
19 (eb) All affordable workforce housing early evacuation units require a deed-
20 restriction ensuring:
21 (1) Before any building permit may be issued for any structure,portion or phase of
22 a project subject to the Workforce Initiative, a restrictive covenant shall be
23 approved by the Planning Director and County Attorney and recorded in the
24 Office of the Clerk of the County to ensure compliance with the provision of
25 this section running in favor of the County and enforceable by the County and,
26 if applicable, a participating municipality. The following requirements shall
27 apply to these restrictive covenants:
28 a. The covenants for any workforce housing early evacuation units shall be
29 effective for 99 years.
30 b. The covenants shall not commence running until a certificate of occupancy
31 has been issued by the Building Official for the dwelling unit or dwelling
32 units to which the covenant or covenants apply.
33 c. For existing dwelling units that are deed-restricted as workforce housing
34 early evacuation units, the covenants shall commence running upon
35 recordation in the Official Records of Monroe County.
36 (2) The covenants shall require that the workforce housing early evacuation units
37 to be restricted to rental occupancy for those who derive at least 70% of their
38 income as members of the workforce in Monroe County and who meet the
39 affordable housing income categories of the Monroe County Land
40 Development Code. The occupants are required to annually verify their
41 employment and income eligibility.
42 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr
43 evacuation of a pending major hurricane. Persons living in the workforce
44 housing early evacuation units who may be exempted from evacuation
45 requirements are limited to law enforcement, correctional and fire personnel,
46 health care personnel, and public employees with emergency management
Ord. - 2026 Page 13 of 17
I responsibilities. If there is an occupant that indicates their employment is
2 considered a`first-responder position' and not included in the list of exemptions
3 above, then the Planning Director shall determine, in writing, whether the
4 person may be exempted because of a requirement to remain during an
5 emergency. Any person claiming exemption under this provision shall submit
6 of an affidavit of qualification and faithfully certify their status with the onsite
7 property management.
8 (4) The covenants shall require rental agreements which contain a separate
9 disclosure requiring rental occupants to acknowledge the existing restrictive
10 covenant on the unit requiring evacuation in Phase 1 of the 48-hr evacuation
11 and that failure to adhere to the Phase 1 evacuation requirement could result in
12 severe penalties, including eviction, to the occupant.
13 (5) The covenants shall require onsite property managers and a separate
14 employment disclosure requiring the maintenance of training in evacuation
15 procedures and an acknowledgement that failure to adhere to the Phase 1
16 evacuation requirement could result in severe penalties, including termination.
17 (dc)Affordable Wworkforce housing early evacuation units shall be restricted to rental
18 occupancy for those who derive at least 70% of their income as members of the
19 workforce in Monroe County and who meet the affordable housing income categories
20 of the Monroe County Land Development Code. Workforce means individuals or
21 families who are gainfully employed supplying goods and/or services to Monroe
22 County residents or visitors.
23 (ed)Affordable Wworkforce housing early evacuation units shall require onsite
24 property management with property managers trained in evacuation procedures and
25 required to manage the evacuation of tenants in Phase I of an evacuation. During
26 traditional working hours, the property manager must be at an office within the
27 affordable workforce housing early evacuation unit development subject property.
28 Outside the traditional working hours, the property manager must be available at all
29 times to respond to evacuation orders.
30 (fe) The property management entity for the affordable workforce housing early
31 evacuation units shall be required to annually verify the employment and income
32 eligibility of tenants; report the total units on the site, the occupancy rates of units, and
33 tenant compliance with the requirement to evacuate the units in Phase I of an
34 evacuation, including the number of occupants that are exempt from the evacuation
35 requirements. The property management entity must submit a report to the Planning
36 and Environmental Resources Department by May 1 of each year. Further, each lease
37 and this annual report shall be kept by the property manager and be available for
38 inspection by the County during traditional working hours.
39 (gf) Affordable Wworkforce housing early evacuation units shall be located within an
40 area designated as Tier III.
41 (hg) Affordable Wworkforce housing early evacuation units shall not be located in the
42 V-Zone or within a Coastal Barrier Resource System (CBRS).
43 (ih) Affordable Wworkforce housing early evacuation units shall be located on a
44 property which has all infrastructure available (potable water, adequate wastewater
45 treatment and disposal wastewater meeting adopted LOS, paved roads, etc.).
Ord. - 2026 Page 14 of 17
I (ji) All affordable workforce housing early evacuation units must demonstrate
2 compliance with all applicable federal standards for accessibility for persons with
3 disabilities (ADA Compliance).
4 (ki) To the greatest extent practicable, a development utilizing affordable workforce
5 housing early evacuation unit building permit allocations shall incorporate sustainable
6 and resilient design principles into the overall site design and beeeesri'�o
7 empleyment eentefs in Key West, Steek island and Mafathen.
8 (k) To the greatest extent practicable, a development utilizing affordable workforce
9 housing early evacuation unit building permit allocations shall be located in close
10 proximity to employment centers in Key West, Stock Island and Marathon.
11 (1) For developments owned or operated by a government agency or public housing
12 authority, property management is not required to be located onsite as indicated in this
13 subsection and Comprehensive Plan Policy 101.3.12, but must be available at all times
14 to respond to evacuation orders. However, the government agency or public housing
15 authority will oversee and coordinate requested evacuation of the residents and must
16 be available at all times to respond to evacuation orders.
17
18 GOAL 601
19 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
20 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
21 population based on type, tenure characteristics, unit size and individual preferences.
22
23 Policy 601.1.8
24 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
25 established by the State of Florida, pursuant to Administration Commission Rules, to
26 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
27 this separate allocation must meet the criteria established in the Land Development Code.
28 Monroe County may award 300 additional building permit allocations designated as
29 affordable workforce housing early evacuation units pursuant to the Workforce-
30 Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the
31 Florida Administration Commission, Chapter 2023-17, Laws of Florida, and the State
32 Land Planning Agency went Eeer^mi^ Oppeattaity. These building
33 eta rmit allocations are in addition to the maximum allocations identified in Rules 28-20,
34 F.A.C., are restricted to rental occupancy for those who derive at least 70% of their
35 income as members of the workforce in Monroe County and who meet the affordable
36 housing income categories of the Monroe County Land Development Code, and shall be
37 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
38
39
40 *****
41
42 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or
43 ambiguities, within this Ordinance or between this Ordinance and the Monroe
44 County Code of Ordinances, Florida Building Code, Monroe County Land
45 Development Code, floodplain management regulations, Comprehensive Plan, or
46 any other approval of the Monroe County Board of County Commissioners,
Ord. - 2026 Page 15 of 17
I Monroe County Planning Commission, Monroe County Planning and
2 Environmental Resources Department, or other department or office of Monroe
3 County, the rule, regulation, law, provision, and/or text more restrictive shall
4 always apply and control.
5
6 Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions
7 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
8 County Codes, Florida Statutes, and floodplain management regulations whose
9 interpretation arise out of, relate to, or are interpreted in connection with this
10 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
11 and such interpretation shall be entitled to great weight in adversarial administrative
12 proceedings, at trial, in bankruptcy, and on appeal.
13
14 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
15 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
16 or unenforceable in or by any administrative hearing officer or court of competent
17 jurisdiction, the invalidity or unenforceability of such provision, or any part or
18 portion thereof, shall neither limit nor impair the operation, enforceability, or
19 validity of any other provision of this Ordinance, or any remaining part(s) and/or
20 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
21 and/or portion(s) thereof, shall continue unimpaired in full force and effect.
22
23 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
24 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
25 shall not repeal the repealing clause of such ordinance or revive any ordinance
26 which has been repealed thereby.
27
28 Section 7. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
29 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
30
31 Section 8. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the
32 Secretary of the State of Florida but shall not become effective until a notice is
33 issued by the State Land Planning Agency or Administration Commission finding
34 the amendment in compliance with Chapter 163, Florida Statutes, and after any
35 applicable challenges have been resolved.
36
37 Section 9. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
38 in the Monroe County Comprehensive Plan. The numbering of the foregoing
39 amendment may be renumbered to conform to the numbering in the Monroe County
40 Comprehensive Plan.
41
42 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
43 at a regular meeting held on the day of
44
45 Mayor Michelle Lincoln, District 2
Ord. - 2026 Page 16 of 17
I Mayor Pro Tem David Rice, District 4
2 Commissioner Craig Cates, District 1
3 Commissioner James K. Scholl, District 3
4 Commissioner Holly Merrill Raschein, District 5
5
6
7
8 BOARD OF COUNTY COMMISSIONERS
9 OF MONROE COUNTY, FLORIDA
10
11 BY
12 MAYOR MICHELLE LINCOLN
13
14 (SEAL)
15
16 ATTEST: KEVIN MADOK, CLERK
17
18
19 AS DEPUTY CLERK
Ord. - 2026 Page 17 of 17
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