HomeMy WebLinkAboutItem U09 COUNTY of MONROE �v„ti° BOA" COUNTY
�� 10 � COMM1SSlONERS
The Florida Keys Mayor Michelle Lincoln,
p District 2
Mayor Pro Tem David
�- Rice,District 4
Craig Cates,District 1
James K. Scholl,District
3
Holly Merrill Raschein,
District 5
Regular Meeting
April 15, 2026
Agenda Item Number: U9
26-0755
BULK ITEM: No DEPARTMENT: County Land
Acquisition and Land Management
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra
AGENDA ITEM WORDING: Public Hearing to adopt an Ordinance by the Monroe County Board of
County Commissioners, amending sections 2-426(l) and 2-426(2) of the Monroe County Code of
Ordinances, related to protection of conservation lands.
ITEM BACKGROUND: In 2023, the Board of County Commissioners created the Monroe County
Conservation Lands Ordinance which established a definition of"Monroe County Conservation Lands;"
defined the role of the County Land Stewardship Program in the management of said lands; and created a
process to add county-owned properties to the inventory of Monroe County Conservation Lands.
Section 2-426 Paragraph(2) of the Ordinance states: "Lands designated Monroe County Conservation
Lands shall be preserved in perpetuity and shall not be considered or used for any other
purpose. Nothing herein prohibits the Land Steward from removing invasive exotics or performing other
restoration work."
Therefore, Paragraph (2) of the existing Ordinance currently prohibits any use inconsistent with
preservation.
At its January 28, 2026, meeting, the Board of County Commissioners (BOCC) passed an Emergency
Ordinance amending Article VII of Chapter 2, Division 4, "Monroe County Conservation Lands
Ordinance." The Emergency Ordinance authorizes temporary uses of conservation lands under the
condition that said uses do not damage any native plants or species. Additionally, the emergency
Ordinance requires any temporary use must be further authorized through a license agreement that the
BOCC must also approve. The new language in the emergency Ordinance did not contemplate Monroe
County Land Development Code requirements or that some license agreements must be authorized by the
Land Authority Governing Board. Additionally, occasionally, extreme circumstances arise which
necessitate a decision on whether land designated as Conservation Land under the Ordinance can be used
for another permanent use with a public purpose of paramount importance.
If adopted, the proposed ordinance will further amend the Monroe County Code of Ordinances by
amending Chapter 2, "Administration," Article V11, "Land Acquisition and Disposition (Resale)
Program," Division 4, "Monroe County Conservation Lands,"to:
• amend the temporary use section to provide clarification and consistency with the other proposed
amendments, and
• allow consideration of permanent use of designated Conservation Land.
Under the proposed amendments, in order for the BOCC or Land Authority to process a license to
authorize a permanent use beyond conservation or restoration activities, the BOCC must make a finding
by extraordinary vote in a public meeting that the parcel is the only parcel available to serve that paramount
public purpose. The BOCC shall consider the following factors in making its decision:
1) The amount of time the parcel has been designated conservation and the amount of funds expended
from the County's Environmental Land Management and Restoration Fund for the management of the
subject parcel;
2) Whether State or Federal funds have been used for the management of the subject parcel and whether
use of such funds included any limitations on the use of the subject parcel; and
3) Whether State or Federal funds were used to acquire the subject parcel and whether use of such funds
included any limitation on the use of the subject parcel; and
4) Whether there are any other recorded documents such as deed restrictions or conservation easements
which may prohibit or limit any use of the property.
The BOCC must make a finding granting an exemption to Paragraph(2)by super majority vote in a public
meeting prior to either the BOCC or Land Authority Governing Board granting any license agreement,
easement, or any other authorization for any use other than conservation. Any exemption granted by the
BOCC will be subject to the following conditions:
1) Destruction and degradation of natural resources that result in adverse impacts to native habitats,native
plants and native species shall be avoided to the maximum extent practicable.
2) Unavoidable impacts to native habitats, native plants and native species shall be minimized and
confined to the maximum extent practicable.
3) Unavoidable impacts to native habitats, native plants and native species will require mitigation
consistent with the Monroe County Land Development Code, and other local, state and federal
regulations, as applicable.
PREVIOUS RELEVANT BOCC ACTION:
On May 17, 2023,the Board adopted Ordinance 008-2023 (Sections 2-424 through 2-427.5 of the Monroe
County Code of Ordinances "Monroe County Conservation Lands").
On January 28, 2026, the Board adopted Ordinance 001-2026 Amending Section 2-426 of the Monroe
County Code of Ordinances to allow Temporary Uses on Conservation Land under a License Agreement.
On March 11, 2026, the Board granted approval to advertise a Notice to Consider Adoption of County
Ordinance consistent with the requirements set forth in Section 125.66, Fla. Stat.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Conservation Land Ordinance Amendment FINAL 4.15.2026
Business-Impact-Estimate-Conservation-Lands-Ordinance-FINAL
Keys Citizen Affidavit and Proof of Publication
Ordinance 001-2026
Monroe County Ordinance Ch. 2 Art. VII Div
FINANCIAL IMPACT: NA
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 If yes, amount:
Producing:
Grant:
County Match:
Insurance Required:
C�9)
3 �� 1w
4 u
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2026
9
10 AN ORDINANCE OF THE BOARD OF COUNTY
11 COMMISSIONERS OF MONROE COUNTY, FLORIDA,
12 AMENDING THE COUNTY'S CODE OF ORDINANCES, BY
13 AMENDING SECTIONS 2-426(1) AND 2-426(2) OF THE
14 MONROE COUNTY CODE OF ORDINANCES, MONROE
15 COUNTY CONSERVATION LANDS; PROVIDING FOR
16 CONFLICTS; PROVIDING FOR SEVERABILITY;
17 PROVIDING FOR CODIFICATION; AND PROVIDING FOR
18 TRANSMITTAL AND AN EFFECTIVE DATE.
19
20
21 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
22 that the work of ordinance codification is an ongoing process that requires a continuing effort by
23 various County officials and staff, and it is the goal of the BOCC to ensure that the Monroe County
24 Code of Ordinances is kept current and of maximum use and clarity; and
25
26 WHEREAS, the Legislature of the State of Florida has, in Chapter 125, "County
27 Government," of the Florida Statutes, conferred upon local governments the authority to adopt
28 laws and regulations designed to promote the public health, safety, and general welfare of its
29 citizenry; and
30
31 WHEREAS, pursuant to Article VIII of the Florida Constitution and Section 125.66,
32 Florida Statutes, Monroe County possesses the police powers to enact ordinances in order to
33 protect the health, safety, and welfare of the County's citizens; and
34
35 WHEREAS,under F.S. 125.01(1)0)the BOCC is granted the authority, among others, to
36 establish and administer programs of conservation, and Monroe County and the Monroe County
37 Land Authority have acquired and continue to acquire parcels to protect sensitive assemblages of
38 native habitats, native plants, and native species; and
39
40 WHEREAS, in May 2023, the BOCC amended Article VII of Chapter 2 of the Code of
41 Ordinances to add Division 4. - Monroe County Conservation Lands, currently Section 2-424 of
42 the Monroe County Florida Code of Ordinances, which was adopted to: establish a definition of
43 Monroe County Conservation Lands, define the role of the County Land Stewardship Program in
44 the management of said lands, and create a process to add properties to the inventory of Monroe
45 County Conservation Lands; and
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46
47 WHEREAS, Section 2-426(2) of the Monroe County Code of Ordinances establishes that
48 lands designated as Monroe County Conservation Lands shall be preserved in perpetuity and shall
49 not be considered or used for any other purpose; and
50
51 WHEREAS, in January 2026, the BOCC adopted an Emergency Ordinance amending
52 Section 2-426 of the Monroe County Code of Ordinances to allow temporary use of conservation
53 land that do not impact native plants or species by license agreements approved by the BOCC; and
54
55 WHEREAS,from time to time there are requests for the use of conservation lands for non-
56 conservation purposes on a temporary or permanent basis, and the BOCC wishes to define a
57 process by which such requests may be considered to ensure the proper protection of conservation
58 lands and their natural resources; and
59
60 WHEREAS, the BOCC desires to provide that a temporary use may only be considered
61 when the use will not cause any harm or impact to any native habitats, native plants, and native
62 species, and a permanent use may only be considered when the BOCC determines the proposed
63 use is in the public interest or is a public necessity, and the proposed use meets an extreme hardship
64 standard; and
65
66 WHEREAS, the BOCC desires to amend Section 2-426 of the Monroe County Code of
67 Ordinances to include definitions of"extreme hardship,""public interest," "public necessity,"and
68 "requestor," and create a process to allow the BOCC to consider requests for temporary or
69 permanent use of conservation land; and
70
71 WHEREAS,on April 15, 2026,the Monroe County Board of County Commissioners held
72 a public hearing, and provided for public comment and public participation in accordance with the
73 requirements of State Law; and
74
75 WHEREAS, the Board of County Commissioners hereby finds and determines that the
76 actions described herein serve the best interests of the residents, visitors, and business owners in
77 Monroe County, Florida.
78
79 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
80 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
81
82 Section 1: Ratification. That the foregoing"WHEREAS"clauses are hereby ratified
83 and confirmed as being true and correct and are hereby made a specific part of this ordinance.
84
85 Section 2: Amendment. Sections 2-426(1) and 2-426(2) of the Monroe County Code
86 of Ordinances is hereby amended to read as follows:
87
88 (1) Definitions.
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89 a. "Monroe County Conservation Lands" are defined as properties that are managed by
90 the County for the purpose of conservation and include:
91 (1) Properties that were purchased by the Monroe County Comprehensive Plan
92 Land Authority for conservation purposes;
93 (ii) Properties owned by the Board of County Commissioners that have been
94 acquired through the Rate of Growth Ordinance (ROGO) land dedication
95 process for conservation purposes;
96 (iii) Properties owned by the Board of County Commissioners that have been
97 dedicated for conservation through the Transferable Development Rights
98 procedure;
99 (iv) Properties acquired by the County utilizing grant funding where the terms of the
100 grant require long-term conservation of the property; and
101 (v) Properties owned by the Board of County Commissioners (BOCC) that have
102 been designated as conservation.
103 b. "State-owned Conservation Lands that are managed by the County" are those
104 properties owned by the State of Florida for which the County is the designated land
105 manager through a management lease with the State of Florida.
106 c. "Extreme hardship" means a significant burden that is unique to the applicant and
107 not shared by property owners in the area. Self-imposed circumstances caused to any
108 degree by actions of any requester shall not be construed as an extreme hardship.
109 Extreme hardship shall not be construed to include any hardship which arises in
110 whole or in part from the effect of other federal, state or local laws, ordinances, rules
111 or regulations.
112 d. "Public interest" means demonstrable environmental, social, and economic benefits
113 which would accrue to the public at large as a result of a proposed action, and which
114 would clearly exceed all demonstrable environmental, social, and economic costs of
115 the proposed action.
116 e. "Public necessity" means the works or improvements required for the protection of
117 the health and safety of the public,for which no other less environmentally damaging
118 alternative exists.
119 £ "Reguestor" means any City, Village, Monroe County, Monroe County
120 Comprehensive Plan Land Authority, or other local government entity requesting an
121 exemption for use of Conservation land for any other purpose than conservation.
122 (2) Lands designated Monroe County Conservation Lands shall be preserved in perpetuity and
123 shall not be considered or used for any other purpose. Nothing herein prohibits the Land
124 Steward from removing invasive exotics or performing other restoration work.
125 j)a. Exemptions to Paragraph-Q. Any uses approved for exemption pursuant to this
126 subsection shall be subiect to all other local, state and federal regulations, as applicable.
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127 (i) TemporM Use: The Board of County Commissioners or Land Authority Governing
128 Board may allow the use of conservation lands for temporary uses by a Requestor,
129 subject to the requirements for temporary uses provided for in the Monroe Count
130 and Land Development Code, provided that such uses do not impact +he native
131 habitat, native plants, or native species
132 Beafd pfief to ttse. A temporary exemption to Paragraph(2) granted by the BOCC, and
133 a license agreement granted by either the BOCC or Land Authority Governing Board,
134 whichever holds title on the property, must be approved prior to use. Such use shall be
135 limited in time, and the site,if damaged, shall be fully restored by the licensee use under
136 the supervision of and by coordination with the County Land Steward. No license
137 agreement for temporary use shall exceed ninety (90) dam
138 (ii) Permanent Use: An exemption to Paragraph (2) for a permanent use may only be
139 granted after the BOCC makes a finding by a super majority vote in a public meeting
140 that a Requestor has demonstrated:
141 (a) an extreme hardship, where a significant burden unique to the requester exists and is
142 not shared by property owners in the area, and
143 (b) the proposed activity serves the public interest or is a public necessity, in addition to
144 addressing the hardship; and
145 (c)that the proposed activity is necessary; and
146 (d)the parcel is the only parcel available to serve the proposed paramount public purpose,
147 and
148 (e) that no less environmentally damaging alternative exists.
149 (f) The BOCC shall consider the following factors in making its finding to grant an
150 exemption to Paragraph(2):
151 1. the amount of time the subject parcel has been designated conservation and the
152 amount of funds expended from the County's Environmental Land Mana_eg ment
153 and Restoration Fund for the management of the subject parcel; and
154 2. whether State or Federal funds have been used for the management of the subject
155 parcel and whether use of such funds included any limitations on the use of the
156 subject parcel; and
157 3. whether State or Federal funds were used to acquire the subject parcel and whether
158 use of such funds included any limitation on the use of the subject parcel; and
159 4. whether there are any other recorded documents such as deed restrictions or
160 conservation easements which may prohibit or limit any use of the subject parcel.
161 (g) The BOCC must make a finding granting an exemption to Paragraph(2) by super
162 majority vote prior to either the BOCC or Land Authority Governing Board rg anting
163 any license agreement, easement, or any other authorization for any use other than
164 conservation. Any exemption granted by the BOCC will be subject to the following
165 conditions:
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166 1. Destruction and degradation of natural resources that result in adverse impacts to
167 native habitats, native plants or native species shall be avoided to the maximum
168 extent practicable.
169 2. Unavoidable impacts to native habitats, native plants or native species shall be
170 minimized and confined to the maximum extent practicable.
171 3. Unavoidable impacts to native habitats, native plants or native species will require
172 mitigation consistent with the Monroe County Land Development Code, and other
173 local, state and federal regulations, as applicable.
174
175 Section 3: Conflicts. That all ordinances or parts of ordinances, all County Code
176 sections or parts of County Code sections, and all resolutions or parts of resolutions in conflict
177 with this ordinance are hereby repealed to the extent of such conflict.
178
179 Section 4: Severability. That should any section or provision of this ordinance or any
180 portion thereof, any paragraph, sentence, clause or word be declared by a court of competent
181 jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a
182 whole or part hereof other than the part declared invalid. If this ordinance or any provision thereof
183 shall be held to be inapplicable to any person, property or circumstances, such holding shall not
184 affect its applicability to any other person, property or circumstances.
185
186 Section 5: Codification. That the provisions of this ordinance shall be codified within
187 the Code of Ordinances of Monroe County, Florida, and any paragraph or section may be
188 renumbered to conform with the Code of Ordinances.
189
190 Section 6: Transmittal and Effective Date. That this Ordinance shall be transmitted
191 to and become effective upon filing with the Florida Department of State as provided in Section
192 125.66, Fla. Stat., as may be amended from time to time.
193
194 THIS SPACE IS INTENTIONALLY LEFT BLANK
195
196 SIGNATURES ON FOLLOWING PAGE
197
198
199
200
201
202
203
204
205
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207
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208 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
209 Florida, at a regular meeting of said Board held on the day of , 2026.
210
211 Mayor Michelle Lincoln
212 Mayor Pro Tem David Rice
213 Commissioner Craig Cates
214 Commissioner Holly Merrill Raschein
215 Commissioner James K. Scholl
216
217 (Seal)
218 Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS
219 OF MONROE COUNTY, FLORIDA
220
221
222
223 By: By:
224 Deputy Clerk Michelle Lincoln, Mayor
225
226
227
228 Approved as to legal form and sufficiency:
229 Digitally signed by Jeni-Lee
Jeni-Lee MacLaughlin MacLaughlin
230 Date:2026.03.31 1236:09-04'00'
231 Jeni-Lee MacLaughlin, Assistant County Attorney
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E
BUSINESS IMPACT ESTIMATE!
Rev.06/2024
Meeting Date: April,15,2026
Proposed Ordinance Title/Reference: Amendment Monroe County Florida Code of
Ordinances Chapter 2,Article VII,Division 4:Monroe County Conservation Lands.
The Proposed Ordinance ❑ does ® does not fall under one of the following enumerated
exceptions:?
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other financial
assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits,as those terms are defined in
s. 163.3164,and development agreements,as authorized by the Florida Local
Government Development Agreement Act under ss. 163.3220-163.3243;
b. Comprehensive plan amendments and land development regulation
amendments initiated by an application by a private party other than the
county;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes,relating to the Florida Building Code;or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention
Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
The proposed amendment adds definitions for extreme hardship, public interest, public
necessity,and requestor. The proposed amendment creates an exemption by which the Board
of County Commissioners can consider permanent non-conservation uses of conservation
lands and clarifies the exemption for temporary non-conservation uses of conservation lands.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:None.
b. New Charges/Fees on Businesses Impacted:None.
c. Estimate of Regulatory Costs: None.
Good Faith Estimate of Number of Businesses Likely Impacted: None.
Any Additional Information:N/A
'Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
KeysNews.corn
KE T E N
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 423741 Ticket: 3985953
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal.text]
Before the undersigned authority personally appeared
Jill Kelli Di Benedetto ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West, in Monroe County, Florida;that the attached copy of
advertisment, being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday, March 28,2026
Affiant further says that 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 Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in 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 neither paid nor promised any person,firm or corporation any
discount, rebate,commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
(Signature of Affiant)
Affirmed and subscribed before me this 30th day of March 2026
Jn
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name) (Notary Seal)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
� lrlr, I aaixr,Si plfw A F Ianda
fL v ra i ba n
keysnews.com I Keys Citizen *Weekend Edition SATURDAY,MARCH 28-
Easter/from Al Outdoor Masses in the Stations of the IIIIIIII
Cross Garden at 9:15 a.m.and 10:45 a.m.
MAUNDY THURSDAY
Full schedule:stmarykeywest.com • '
April 2 Southernmost Baptist Church
6751 Fifth St.,Key West ,
Peace Covenant Presbyterian Church Service at 11 a.m. 1 iu
(PCUSA) St Paul's Episcopal
2610 Flagler Ave.,Key West 401 Duval Street,KeyWest
Worship at 5:30 p.m. r i
10 a.m.outside Parish Hall t �
Service includes communion and 1 0 �,� ��
special music by David Ward. HOLY WEEK EVENTS ..� mt � •
St.Paul's Episcopal Church Key West United Methodist Church II II II
401
val Street,
7 p.m.Dun Parish Hall y West I t rfaith Seder led by Rabbi Marc Kline Q II IIIIIIII IIIIIIII IIII�
GOOD FRIDAY the:30church p.mfor details.
1.Space is limited,call II
April Easter Egg Hunt March 29.Free lunch at MONROE COUNTY BOARD OF COI
St Paul's Episcopal 12:15 p.m.;hunt begins at 1 p.m.
401 Duval Street,Key West Easter Cantata,"From Silence to NOTICE OF PUBLIC
12 Noon(Spoken)and 7 p.m.(Choir)in Song"by Joseph M.Martin,at 11 a.m.
Parish Hall NOTICE OF CHANGE TO MONK(
Key West United Methodist Church Easter Sunday.Performed by the church
600 Eaton St.,Key West choir,directed by Jordan Sommer.Free; ORDINANCE
A dramatic presentation retelling Jesus' donations accepted.
journey to the cross will include music More information:keywestumchurch.org APRIL 15,2026
by Chip Hendricks and the church choir, CHURCHES THROUGHOUT NOTICE IS HEREBY GIVEN that on Wednesday,April 15,2026,the Monroe
directed by Jordan Sommer. THE FLORIDA KEYS a public hearing,beginning at 9:00 AM.The BOCC meeting will be held in I
Zoom Webinar or in person.The in-person meeting will be held at the Marat
Glad Tidings Tabernacle Key Largo Highway,Marathon,FL.The following items will be considered at the PUBL
1209 United St.,Key West St.Justin Martyr Catholic Church,
Service at 10:30 a.m. 105500 Overseas Highway PUBLIC HEARINGS:9:OOAM(or as soon thereafter as may be heard):
SUNRISE SERVICE Key Largo Baptist Church,835 Largo AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISS
Road COUNTY CONSERVATION LANDS,SECTIONS 2-426(l)THROUGH 2-426(2)TO F
April 5 San Pedro Catholic Church,89500 INTEREST""PUBLIC NECESSITY,"AND"REQUESTOR"ANDTO PROVIDE PROCE:
Unity of the Keys MAY CONSIDER A TEMPORARY OR PERMANENT USE OF CONSERVATION LAND
Y y Overseas Highway,Tavernier AND IS APPROVED BYSUPER MAJORITYVOTE OFTHE BOARD;PROVIDING FOR I
Smathers Beach,entrance No.7 Marathon FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;Al
6:30 a.m. San Pablo Catholic Church,550 122nd DATE.
The beachside service features music, Street,Marathon,FL Please visit the Monroe County Website at www.monroecounty-tl.gc
meditation and readings at sunrise. regarding the various options available to the public to viewthe live me
g Kirk of the Keys Presbyterian Church, ends items.
Attendees are encouraged to bring 8877 Overseas Highway,Marathon,FL agenda
chairs,blankets and refreshments. New Life Church,4711 Overseas Pursuant to Section 286.0105 Florida Statutes,if a person decides to appeal
More information:unityofthekeys.org Highway,Marathon,FL with respect to any matter considered at the meeting or hearing,he or she
such purpose,he or she may need to ensure a verbatim record of the procee
EASTERSUNDAY BEYONDWORSHIP•EASTERACTIVITIES evidence upon which the appeal is to be based
April 5 In addition to church services,the ADA ASSISTANCE:if you are a person with a disability who needs spec,
Glad Tidings Tabernacle Florida Keys offer a range of family- proceeding,please contact the County Administrator's office,by phonir
1209 United s T Key West 5:00 p.m.,no later than five(5)calendar days prior to the scheduled mee
Y friendly activities during Easter weekend,
Service at 10:30 a.m.No evening service. including community gatherings and Publish:3/28/26
Peace Covenant Presbyterian Church seasonal events.
(PCUSA) For those looking to extend the day,
2610 Flagler Ave.,Key West several locations throughout the Keys
Service at 11 a.m. offer dolphin programs and eco-tours.
Keys Vineyard Church Options include interactive experiences in
100 County Road,Big Pine Key controlled lagoons and guided excursions
Services at 8 a.m.,9:30 a.m.and 11 a.m. to observe dolphins in the wild.Many
The Basilica of Saint Mary Star of the Sea programs also include snorkeling,
1010 Windsor Lane,Key West educational components and opportunities
Masses at 7:30 a.m.,9 a.m.and 10:30 a.m. to learn about marine conservation.
Spanish Mass at 12:30 p.m.;Haitian
Creole Mass at 7 p.m. katrina.nichois@keysnews.com
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KIND
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Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
oz COVNSy
January 29, 2026
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Emergency Ordinance 001-2026 by the Monroe County Board of
County Commissioners amending Section 2-426 of the Monroe County Code of Ordinances,
Monroe County Conservation Lands to allow temporary uses on conservation land under a
License Agreement and approved by the Board of County Commissioners; and providing for
severability and an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on January 28, 2026. Should you have any questions
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Liz Tongue, Depuo Clerk
cc: County Administrator
County Attorney
MuniCode
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
ORDINANCE NO. 001 - 2026
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 2-426 OF THE MONROE COUNTY CODE
OF ORDINANCES,MONROE COUNTY CONSERVATION LANDS
TO ALLOW TEMPORARY USES ON CONSERVATION LAND
UNDER A LICENSE AGREEMENT AND APPROVED BY THE
BOARD OF COUNTY COMMISSIONERS; AND PROVIDING FOR
SEVERABIILTY AND AN EFFECTIVE DATE.
WHEREAS, under F.S. 125.01(1)0) the Board of County Commissioners for Monroe
County (BOCC) is granted the authority, among others, to establish and administer programs of
conservation; and
WHEREAS, Section 2-426(2) of the Monroe County Code of Ordinances establishes that
lands designated as Monroe County Conservation Lands shall be preserved in perpetuity and shall
not be considered or used for any other purpose; and
WHEREAS, Monroe County acquired 1445 Long Beach Dr., Big Pine Key, Florida
33043, through the Voluntary Home Buyout program, which includes a restrictive covenant
limiting the land to be used for open space, storm water improvements or to conserve natural
floodplain functions; for the benefit of the community and the County; and
WHEREAS,because of the sensitive assemblage of habitats and listed species on Big Pine
Key, the County designated this property as Conservation Land through BOCC action; and
WHEREAS,Proximity Productions LLC, produced the TV series, "Bad Monkey",which
previously utilized the Florida Keys as a destination for filming, which brings positive attention
to the Florida Keys and is considered a good way to attract tourists and now requests use of the
above conservation land for use in the filming of`Bad Monkey" Season Two; and
WHEREAS, the staging for the season two of`Bad Monkey" is projected to start once
BOCC approval is provided and filming is expected to be completed by March 1, 2026; and
WHEREAS, there may be other instances where conservation land may be useful on a
temporary basis when no harm will come to the native plants and animal species that utilize the
site; and
WHEREAS, the BOCC finds that the above-recited circumstances and confluence of
events constitutes an emergency for purposes of enacting an emergency ordinance pursuant to its
authority under F.S. 1.25.66(4); and
WHEREAS, under F.S. 125.66(4) the BOCC is authorized to dispense with the normal.
notice requirements before considering an ordinance at a public hearing provided that 4/5ths of
the membership of the entire commission declares that an emergency exists and votes in favor of
adopting the emergency ordinance; and
WHEREAS, it is the intent of the BOCC to immediately amend the code, to allow for
temporary film production ending April 1, 2026; and
WHEREAS,the film production of"Bad Monkey"will generate promotion of the Florida
Keys as a travel destination and generate revenue for local businesses both during filming and
with future tourism; and
WHEREAS, without proceeding through this emergency enactment process, the
production of"Bad Monkey"will be delayed or moved to another location, outside of the Florida
Keys; and
WHEREAS,the BOCC does hereby declare that an emergency exists and that immediate
enactment of this Ordinance is necessary, and by no less than a four-fifths vote of the BOCC does
hereby waive notice of intent to consider this Ordinance, and
NOW THEREFORE, BE IT ORDAINED :BY THE :BOARD OF COUNTY
COMMISSIONERS OF MON .ROE COUNTY, FLORIDA:
SECTION l: LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this
Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent
pertaining to this Ordinance.
SECTION 2: EMERGENCY ENACTMENT. Pursuant to State law and based on the
legislative findings set forth herein, it is declared that an emergency exists requiring immediate
action by the BOCC.
SECTION 3: EXEMPTIONS. Section 2-426(2) of the Monroe County Code of Ordinances
is hereby amended to add subsection (i) which shall read as follows:
(i) Exemptions. The Board of County Commissioners may allow the use of conservation
lands for temporary uses that do not impact the native plants or species by license
agreement to be approved by the Board prior to use. Such use shall be limited in time
and the site, if damaged, shall be fully restored by the user.
SECTION 4: SEVERABILITY. If any portion of this Ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining
portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be
inapplicable to any person,property or circumstances, such holding shall not affect its applicability
to any other person, property or circumstances.
SECTION 5: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 6: FILING: Pursuant to F.S. 1.25.66(4), the Clerk is directed to transmit by email a
certified copy of this Ordinance to the Florida Department of State as soon after enactment as is
practicable and to the Municipal Code Corporation for publication.
SECTION 7: EFFECTIVE DATE. To the maximum extent possible allowed by law, this
_Ordinance shall become effective immediately upon adoption by a 4/5th 'vote of the entire
commission, subject to any requirements of F.S. 125.66(4).
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, through emergency enactment procedures authorized by.F.S. 125.66(4), on the 28th day
of January,2026.
Mayor.Michelle Lincoln Yes
Mayor Pro Tem David Rice Yes
Commissioner Craig Cates Yes
Commissioner James Scholl Yes
Commissioner Holly Merrill Raschein, Yes
(SEAL);: rzy BOARD OF COUNTY COMMISSIONERS
Attew-1 KEV`IN MADOK, Clerk OF MONROE COUNTY,FLORIDA
1 rG
By:
; i :: d•° V eputy Clerk Michelle.Lincoln,Mayor
Apprmred as toi legal harm&sruffirie c
CI-) Digitally signed by)eni-Lee -
Jeni-Lee MacLaughIin MacLaugbun
_ Date-2026 01.29 M14:69
Jeai-Lee MalcLaughlia
Monroe County?ssistatat Catinty Attortiey
�L�c
10/27/25,9:20 AM Monroe County, FL Code of Ordinances
DIVISION 4. - MONROE COUNTY CONSERVATION LANDS
Footnotes:
---(12)---
Editor's note—Ord. No. 008-2023, § 1, adopted May 17, 2023, set out provisions intended for use as§§2-428-2-432. For
purposes of classification, these provisions have been included as 4-424-4-427.5.
Sec. 2-424. -Title.
This article may be referred to as the Monroe County Conservation Lands Ordinance.
(Ord. No. 008-2023, § 1)
Sec. 2-425. - Purpose.
This article is adopted for the purpose of establishing a definition of Monroe County Conservation Lands,
to define the role of the County Land Stewardship Program in the management of said lands, and to create
a process to add County-owned properties to the inventory of Monroe County Conservation Lands. Monroe
County Conservation Lands and State-owned Conservation Lands that are managed by the County shall be
managed by the County's Land Stewardship Program with funding provided by the Monroe County
Environmental Land Management and Restoration Fund (Environmental Restoration Fund or Fund 160).
(Ord. No. 008-2023, § 1)
Sec. 2-426. - Protection of conservation lands.
(1) Definitions.
a. "Monroe County Conservation Lands" are defined as properties that are managed by the
County for the purpose of conservation and include:
(i) Properties that were purchased by the Monroe County Comprehensive Plan Land
Authority for conservation purposes;
(ii) Properties owned by the Board of County Commissioners that have been acquired
through the Rate of Growth Ordinance (ROGI) land dedication process for conservation
purposes;
(iii) Properties owned by the Board of County Commissioners that have been dedicated for
conservation through the Transferable Development Rights procedure;
(iv) Properties acquired by the County utilizing grant funding where the terms of the grant
require long-term conservation of the property; and
(v)
about:blank 1/3
10/27/25,9:20 AM Monroe County, FL Code of Ordinances
Properties owned by the Board of County Commissioners (BOCC) that have been designated as
conservation.
b. "State-owned Conservation Lands that are managed by the County" are those properties
owned by the State of Florida for which the County is the designated land manager through a
management lease with the State of Florida.
(2) Lands designated Monroe County Conservation Lands shall be preserved in perpetuity
and shall not be considered or used for any other purpose. Nothing herein prohibits the
Land Steward from removing invasive exotics or performing other restoration work.
(Ord. No. 008-2023, § 1)
Sec. 2-427. - Same - Inventory of properties considered as Monroe County Conservation Lands.
The BOCC shall ratify, by resolution, an inventory of Monroe County Conservation Lands. The inventory
shall be maintained by the County Land Steward and the Clerk. Properties included in the inventory shall be
under the management of the Land Stewardship Program utilizing funding from the Environmental
Restoration Fund (Fund 160) in accordance with Resolution 14-2022, or subsequent amendments to said
Resolution.
(Ord. No. 008-2023, § 1)
Sec. 2-427.5. - Same -Additions to inventory of Monroe County Conservation Lands.
(1) For land management purposes, the following properties shall be immediately considered
Monroe County Conservation Lands upon acquisition by the County:
(a) Properties that were purchased by the Monroe County Comprehensive Plan Land Authority
for conservation purposes; and
(b) Properties owned by the Board of County Commissioners that have been acquired through
the Rate of Growth Ordinance (ROGO) land dedication process for conservation purposes;
and
(c) Properties owned by the Board of County Commissioners that have been dedicated for
conservation through the Transferable Development Rights procedure; and
(d) Properties acquired by the County utilizing grant funding where the terms of the grant require
long-term conservation of the property.
(2) Other BOCC-owned properties not included in (1) above, may be added to the inventory of
Monroe County Conservation Lands at anytime by resolution of the Board.
(3) The inventory of Monroe County Conservation Lands shall be updated annually by ratification by
the BOCC in order to reflect the status of newly acquired properties previously designated
throughout the year.
about:blank 2/3
10/27/25,9:20 AM Monroe County, FL Code of Ordinances
(Ord. No. 008-2023, § 1)
about:blank 3/3
Liz Yongue
From: Ballard-Lindsey <8aUard-Lindsey@ Mon roe[ounty^FLGov>
Sent: Monday, April 13' 2026 4:54 PM
To: County Commissioners and Aides
Cc: Hur|ey-[hristine; ShiUinger-8ob; Liz Yongue; Gomez-Krysta|
Subject: FVV: FKAACorrespondence
Attachments: FKAALtrto8D[[ Re Conservation Lands Drdinance.pdf
Good afternoon, Mayor &Commissioners,
Please see the attached letter from Greg Veliz, Executive Director of the Florida Keys Aqueduct Authority regarding item
U-9on the April 15, 2O2G, B(]CC Meeting Agenda.
U9: Public Hearing to adopt an ordinance bythe Monroe County Board of County Commissioners, amending sections 2
426/1\ and 2-426/2\ of the Monroe County Code of Ordinances, related to protection of conservation lands.
Thank you and have a wonderful evening.
Best,
L Bollard,
,4��tto [�hrLst�wtHurLtN, [�ouwtN ,4c�wdwLstr,2tor
?,us�wtss M,2wQ9tr- Ac�wdwLstr,2t�ow
1100 S�wcowtow Strttt Su�te 2-205
K�tN N/tst FL:2,:2,0~Y0
(�2,0,5)292-444�2, (offiut)
(:2,0�5):2,9:2,-4442 (CtLLPhowt)
(z2,0,5)292-4,544 (FRx)
(�oumtr,Stop #1
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated."—Maya Angelou
PLEASE NOTE: FLORIDA HAS*VERY BROAD RECORDS LAW. MoJTWRITrE@coMMD@Ic*rIo@JTOoR FROM TTtE
COUNTY RE(�ARDI@C7 COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE T`oTNE PUBLIC AND MEDIA UPON
REQDs37� YOUR EMAIL COMMUNICATION MAY BE SUBJECT'To PUBLIC DISCLOSURE.
Please consider the envimnmant when
6*cidinQ=hm/isrm print this email,
From: Nathalia Archer<narcher@fkaa.com>
Sent: Monday, April 13, 2026 3:23 PM
To: Hurley-Christine<Hurley-Christine@ Mon roeCounty-FL.Gov>; Gomez-Krystal <Gomez-Krystal@MonroeCounty-
FL.Gov>; Ballard-Lindsey<Bal lard-Li ndsey@ Mon roeCounty-FL.Gov>
Cc: Shawn Smith <ssmith@fkaa.com>; Greg Veliz<gveliz@fkaa.com>; Shillinger-Bob<Shillinger-Bob@MonroeCounty-
FL.Gov>
Subject: FKAA Correspondence
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Good afternoon,
Attached please find correspondence from Gregory Veliz, Executive Director of the FKAA, to
the BOCC regarding the County's conservation lands ordinance.
Nathalia Mellies Archer
Assistant General Counsel
Florida Keys Aqueduct Authority
1100 Kennedy Drive
Key West, FL 33040
n r� j
(3 )29( f aa,corr:.
055-2223
IDIscialinni
Il the information coinq:aiiined !!in this coirT7iriuiniicatiion firoiryi that sender its con%iidentiiall. It its iiinteinded solely for use by the ireciil: feint and
otlheirs authorized to ra"!cely e it. 1Cf your are not that ireciiplent, your are Iheireby notified that ainy diiscllosu ire, copyiiing, diistiriilru than air
takling action !!in irelation of the cointeints of this information its stiriictlly I:rirolhiilriited and may be uinllavv%u lll.
I11hiis eimaiill Ihas Ira"en scainined for viruses ses and r allvvaire, and may have been au tornat,iicalllly airclhiiv ed by Ivlliiit7a"!cast„ a Ila"ader !!in eimaiill
secu iriity and cyber resiilliieince. IvIliiin7a"!cast iintegrates eimaiill defenses with Irraind protection, security awareiness tiraiiiniiing, vveb security,
coiry7l:rlliiance and other a"!sseintiiall capabilliitiles. vIliryiecast helps protect Ilairge and sii orgainiir.aq:iions firoirn it7allii(::iIlou s a(:q:iiv lli:y„ Ihu irTiain
eriroir and technollogy faiillu ire; and to head the r oveiyient q:owaird building a moire iresiillileint world. IIo iiiind out moire, visit ou it vvebsiite.
2
Richard J.Toppino
Florida Keys a Chairman
District 2
Aqueduct Authority J. Robert Dean
, H� 1100 Kennedy Drive �+ Vice-Chairman
Key West, Florida 33040 District 3
Telephone(305)295-2454
w
...lean corn 'Erica H. Sterling
District 1
Luis Gonzalez Sr.
District 4
Nicholas W. Mulick
Secretary/Treasurer
District 5
Gregory W.Veliz
Executive Director
April 13, 2026
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, FL 33040
Re: Support for Proposed Ordinance Amending Section 2-426 relating to the
Protection of Conservation lands
Dear Mayor and Commissioners:
I write in support of the proposed ordinance amending Sections 2-426(1) and 2-426(2)
of the Monroe County Code concerning conservation lands.
The Florida Keys Aqueduct Authority (F ) understands the reasoning behind the
ordinance and appreciates the County's continued commitment to protecting
conservation lands. The proposed ordinance appropriately preserves these lands while
establishing a clear, limited process for considering exceptions under strict standards
such as public interest, public necessity, and extreme hardship.
We believe it is important to keep options open for rare circumstances where a carefully
reviewed use may serve the public good without compromising environmental
protections.
If adopted, the FKAA intends to utilize this framework for a reverse osmosis project. The
project requires limited use of adjacent conservation land for supply yells necessary for
the project. Impacts would be minimized by using the least amount already disturbed
land possible while p odUcing approximately 4 million gallons of clean water per day for
the ub .
G e W. Veliz
Exe tive Direc7//
Liz Yongue
From: Hunt-Kacey <Hunt-Kacey@MonroeCounty-FL.Gov>
Sent: Tuesday, April 14, 2026 11:10 AM
To: Liz Yongue
Subject: FW: County Conservation Lands Proposed Changes
Follow Up Flag: Follow up
Flag Status: Flagged
Good morning, Liz.
This email is regarding agenda item U9, for the record.
Thankyou,
Lacey Hunt, Executive Assistant
Michelle Lincoln
Mayor
Monroe County, District 2
7280 Overseas Hwy, #2
Marathon, FL 33050
Courier Stop#14A
(305) 292-4512
Monroe County, Florida
"The Florida Keys"
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.
From:Jana Wiggins<janawiggins@yahoo.com>
Sent: Monday, April 13, 2026 2:59 PM
To: BOCCDIS5<BOCCDIS5@ Mon roeCounty-FL.Gov>; BOCCDIS3<BOCCDIS3@ Mon roeCounty-FL.Gov>; BOCCDIS4
<BOCCDIS4@ Mon roeCounty-FL.Gov>; BOCCDIS2<boccdis2@monroecounty-fl.gov>; Cates-Craig<Cates-
Craig@ Mon roeCounty-FL.Gov>
Subject: County Conservation Lands Proposed Changes
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
1
Dear Commissioners,
I am writing to urge you to vote "no" on the proposed ordinance that would allow Monroe
County conservation lands to be used for purposes other than strict conservation at
your April 15 meeting at the Marathon Government Center.
Monroe County's conservation lands were specifically set aside to protect our precious
native habitats. The proposed ordinance would undermine this mission by permitting
temporary or permanent uses unrelated to conservation. I respectfully offer the following
points for your consideration:
• Violation of Original Purpose: These lands were acquired and protected for the
explicit purpose of conserving native habitat. Allowing alternate uses, even
temporarily, sets a precedent that could erode the integrity of our conservation
mission.
• Risk of Permanent Loss: While an emergency ordinance, unfortunately passed
in January, allowed a film production to use conservation land, this new proposal
would establish a broader, ongoing exemption process—including potential
permanent uses. Once a precedent for non-conservation use is established, it
becomes increasingly difficult to safeguard these lands from further
encroachment or permanent loss. This would open up not only a degradation in
habitat but surrounding homes would end up being responsible for cleaning up
trash, and repairing any damage done to the conservation area to return it to its
previous condition. If you live in a refuge area the full time residents could be
subject to theft as well as having to monitor the activities taking place on the lots
surrounding us. And, sadly this would further increase the traffic and number of
homeless visiting these quiet, sensitive areas. We are in the protected Coupon
Bight and this would be tragic.
• Lack of Specific Protections: The ordinance fails to specify enforceable
mitigation requirements, restoration timelines, or adequate habitat protections for
conservation lands impacted by exemptions. Without clear, binding requirements,
there is no guarantee that damaged habitats will be restored or compensated
appropriately. These are needed and special areas that bring so much value to
our area, let's not harm what we protected.
• Vague Exemption Standards: The ordinance establishes an "extreme hardship"
and "public interest" standard for granting exemptions. However, critics have
noted inconsistencies and ambiguities in these standards, making meaningful
application challenging and opening the door to subjective interpretation and
potential misuse.
Conservation lands represent a promise to current and future generations that our
county values and protects its natural heritage. Weakening this commitment for short-
term interests could have long-lasting negative impacts on our environment, wildlife,
and community trust.
I urge you to uphold the original intent of Monroe County's conservation lands and vote
"no" on this ordinance. Please keep these lands true to their purpose—for conservation,
and for the future.
Thank you for your consideration.
Respectfully,
Jana and David Wiggins
2
3
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Tuesday, April 14, 2026 3:35 PM
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; 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 U9 BOCC 04/15/2026 REVISED BACKUP
Attachments: AIS 0755.pdf, Conservation Land Ordinance Amendment REVISED per COMMUNITY
COMMENTS 4-14-26_lgl appvd.pdf
Good afternoon,
Please be advised that the backup for the U9 agenda item has been revised.
"Public Hearing to adopt an Ordinance by the Monroe County Board of County Commissioners, amending
sections 2-426(1) and 2-426(2) of the Monroe County Code of Ordinances, related to protection of conservation
lands. "
Thanle
�,-,rrystaC 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.
From: Gomez-Krystal <Gomez-Krystal@ Mon roeCounty-FL.Gov>
Sent: Monday, April 13, 2026 1:17 PM
1
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; County Commissioners and Aides
<County Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Pamela G. Hancock
<phancock@monroe-clerk.com>; Liz Yongue Clerk<evongue@monroe-clerk.com>;
'InternalAudit@monroeclerkFL.onmicrosoft.com' <InternalAudit@monroeclerkFL.onmicrosoft.com>;Agenda Item
Review Team <Agenda Item Review Team@MonroeCounty-FL.Gov>; MGT<MGT@ Mon roeCounty-FL.Gov>; Francis-
Lourdes<Francis-Lourdes@ Mon roeCounty-FL.Gov>; Gongre-Mark<Gongre-Mark@ Mon roeCounty-FL.Gov>; Maddox-
Natalie<Maddox-Natalie@ Mon roeCounty-FL.Gov>; Moeller-Mary<Moeller-Mary@monroecounty-fl.gov>; Moore-
Deborah <Moore-Deborah@MonroeCounty-FL.Gov>; Proffitt-Maureen <Proffitt-Maureen@MonroeCounty-FL.Gov>;
Tamborski-Cheri <Tamborski-Cheri@MonroeCounty-FL.Gov>;Tolpin-Devin <Tolpin-Devin@MonroeCounty-FL.Gov>;
Wilson-Kevin <Wilson-Kevin@MonroeCounty-FL.Gov>
Cc: Shillinger-Bob<Shi Ili nger-Bob@MonroeCounty-FL.Gov>;Williams-Jethon <Williams-Jethon@MonroeCounty-
FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov>; Live ngood-Kristen <Livengood-
Kristen@ Mon roeCounty-FL.Gov>; Rubio-Suzanne<Rubio-Suzanne@ Mon roeCounty-FL.Gov>; Pam Radloff
<pradloff@monroe-clerk.com>; County_Attorney<County Attorney@ Mon roeCounty-FL.Gov>;Allen-John <Allen-
John@MonroeCounty-FL.Gov>; 'Danise Henriquez' <d hen riquez@monroe-clerk.com>; Hurley-Christine<Hurley-
Christine@MonroeCounty-FL.Gov>; Rosch-Mark<Rosch-Mark@ Mon roeCounty-FL.Gov>; Gambuzza-Dina <Gambuzza-
Dina@MonroeCounty-FL.Gov>; Beyers-John <Beyers-John@MonroeCounty-FL.Gov>;
InternalAudit@monroeclerkFL.onmicrosoft.com; Kevin Madok<kmadok@ Mon roe-Clerk.Com>;Valcheva-Svilena
<Valcheva-Svilena@MonroeCounty-FL.Gov>; Powell-Barbara <Powell-Barbara@MonroeCounty-FL.Gov>; Guerra-Cynthia
<Guerra-Cynthia@MonroeCounty-FL.Gov>; Brynn Morey<bmorev@monroe-clerk.com>
Subject: RE: Item S6 BOCC 04/15/2026 REVISED BACKUP
Good afternoon,
Please be advised that the backup for the S6 agenda item has been revised.
"Approval of an assignment and assumption of the Key West Garden Club lease from Monroe County to the City
of Key West, and Approval of the tenant Notice letter. "
�,-,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.
2
From: Gomez-Krystal <Gomez-KrystaI@ Mon roeCounty-FL.Gov>
Sent:Thursday, April 9, 2026 4:03 PM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; County Commissioners and Aides
<County Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Pamela G. Hancock
<phancock@monroe-clerk.com>; Liz Yongue Clerk<evongue@monroe-clerk.com>;
'InternalAudit@monroeclerkFL.onmicrosoft.com' <InternalAudit@monroeclerkFL.onmicrosoft.com>;Agenda Item
Review Team <Agenda Item Review Team@MonroeCounty-FL.Gov>; MGT<MGT@ Mon roeCounty-FL.Gov>; Francis-
Lourdes<Francis-Lourdes@ Mon roeCounty-FL.Gov>; Gastesi-Roman <Gastesi-Roman@MonroeCounty-FL.Gov>; Gongre-
Mark<Gongre-Mark@ Mon roeCounty-FL.Gov>; Maddox-Natalie<Maddox-Natalie@ Mon roeCounty-FL.Gov>; Moeller-
Mary<Moeller-Mary@monroecounty-fl.gov>; Moore-Deborah <Moore-Deborah@MonroeCounty-FL.Gov>; Proffitt-
Maureen <Proffitt-Maureen@MonroeCounty-FL.Gov>; Senior Management Team and Aides
<Senior Management Team and Aides@ Mon roecounty-fl.gov>;Tamborski-Cheri <Tamborski-Cheri@MonroeCounty-
FL.Gov>;Tolpin-Devin <Tolpin-Devin@MonroeCounty-FL.Gov>;Wilson-Kevin <Wilson-Kevin@MonroeCounty-FL.Gov>
Cc: Shillinger-Bob<Shi Ili nger-Bob@MonroeCounty-FL.Gov>;Williams-Jethon <Williams-Jethon@MonroeCounty-
FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov>; Live ngood-Kristen <Livengood-
Kristen@ Mon roeCounty-FL.Gov>; Rubio-Suzanne<Rubio-Suzanne@ Mon roeCounty-FL.Gov>; Pam Radloff
<pradloff@monroe-clerk.com>; County_Attorney<County Attorney@ Mon roeCounty-FL.Gov>;Allen-John <Allen-
John@MonroeCounty-FL.Gov>; 'Danise Henriquez' <d hen riquez@monroe-clerk.com>; Hurley-Christine<Hurley-
Christine@MonroeCounty-FL.Gov>; Rosch-Mark<Rosch-Mark@ Mon roeCounty-FL.Gov>; Gambuzza-Dina <Gambuzza-
Dina@MonroeCounty-FL.Gov>; Beyers-John <Beyers-John@MonroeCounty-FL.Gov>;
InternalAudit@monroeclerkFL.onmicrosoft.com; Kevin Madok<kmadok@ Mon roe-Clerk.Com>;Valcheva-Svilena
<Valcheva-Svilena@MonroeCounty-FL.Gov>; Powell-Barbara <Powell-Barbara@MonroeCounty-FL.Gov>; Guerra-Cynthia
<Guerra-Cynthia@MonroeCounty-FL.Gov>; Brynn Morey<bmorev@monroe-clerk.com>
Subject: Item S6 BOCC 04/15/2026 REVISED BACKUP
Good afternoon,
Please be advised that the backup for the S6 agenda item has been revised.
"Approval of an assignment and assumption of the Key West Garden Club lease from Monroe County to the City
of Key West, and Approval of the tenant Notice letter. "
�,-,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
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COUNTY of MONROE BOARD OF COUNTY
COMMISSIONERS
The Florida Keys Mayor Michelle Lincoln,
u � District 2
Mayor Pro Tem David
r .w rl
Rice,District 4
Craig Cates,District 1
James K.Scholl,District
3
Holly Merrill Raschein,
District 5
Regular Meeting
April 15, 2026
Agenda Item Number: U9
26-0755
BULK ITEM: No DEPARTMENT: County Land
Acquisition and Land Management
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra
AGENDA ITEM WORDING: Public Hearing to adopt an Ordinance by the Monroe County Board of
County Commissioners, amending sections 2-426(1) and 2-426(2) of the Monroe County Code of
Ordinances, related to protection of conservation lands.
ITEM BACKGROUND: In 2023, the Board of County Commissioners created the Monroe County
Conservation Lands Ordinance which established a definition of"Monroe County Conservation Lands;"
defined the role of the County Land Stewardship Program in the management of said lands; and created a
process to add county-owned properties to the inventory of Monroe County Conservation Lands.
Section 2-426 Paragraph(2) of the Ordinance states: "Lands designated Monroe County Conservation
Lands shall be preserved in perpetuity and shall not be considered or used for any other
purpose. Nothing herein prohibits the Land Steward from removing invasive exotics or performing other
restoration work."
Therefore, Paragraph (2) of the existing Ordinance currently prohibits any use inconsistent with
preservation.
At its January 28, 2026, meeting, the Board of County Commissioners (BOCC) passed an Emergency
Ordinance amending Article VII of Chapter 2, Division 4, "Monroe County Conservation Lands
Ordinance." The Emergency Ordinance authorizes temporary uses of conservation lands under the
condition that said uses do not damage any native plants or species. Additionally, the emergency
Ordinance requires any temporary use must be further authorized through a license agreement that the
BOCC must also approve. The new language in the emergency Ordinance did not contemplate Monroe
County Land Development Code requirements or that some license agreements must be authorized by the
Land Authority Governing Board. Additionally, occasionally, extreme circumstances arise which
necessitate a decision on whether land designated as Conservation Land under the Ordinance can be used
for another permanent use with a public purpose of paramount importance.
If adopted, the proposed ordinance will further amend the Monroe County Code of Ordinances by
amending Chapter 2, "Administration," Article VII, "Land Acquisition and Disposition (Resale)
Program,"Division 4, "Monroe County Conservation Lands,"to:
• amend the temporary use section to provide clarification and consistency with the other proposed
amendments, and
• allow consideration of permanent use of designated Conservation Land.
Under the proposed amendments, in order for the BOCC or Land Authority to process a license to
authorize a permanent use beyond conservation or restoration activities,the BOCC must make a finding
by extraordinary vote in a public meeting that the parcel is the only parcel available to serve that paramount
public purpose. The BOCC shall consider the following factors in making its decision:
1) The amount of time the parcel has been designated conservation and the amount of funds expended
from the County's Environmental Land Management and Restoration Fund for the management of the
subject parcel;
2) Whether State or Federal funds have been used for the management of the subject parcel and whether
use of such funds included any limitations on the use of the subject parcel; and
3) Whether State or Federal funds were used to acquire the subject parcel and whether use of such funds
included any limitation on the use of the subject parcel; and
4) Whether there are any other recorded documents such as deed restrictions or conservation easements
which may prohibit or limit any use of the property.
The BOCC must make a finding granting an exemption to Paragraph(2)by super majority vote in a public
meeting prior to either the BOCC or Land Authority Governing Board granting any license agreement,
easement, or any other authorization for any use other than conservation. Any exemption granted by the
BOCC will be subject to the following conditions:
1) Destruction and degradation of natural resources that result in adverse impacts to native habitats,native
plants and native species shall be avoided to the maximum extent practicable.
2) Unavoidable impacts to native habitats, native plants and native species shall be minimized and
confined to the maximum extent practicable.
3) Unavoidable impacts to native habitats, native plants and native species will require mitigation
consistent with the Monroe County Land Development Code, and other local, state and federal
regulations, as applicable.
PREVIOUS RELEVANT BOCC ACTION:
On May 17,2023,the Board adopted Ordinance 008-2023 (Sections 2-424 through 2-427.5 of the Monroe
County Code of Ordinances "Monroe County Conservation Lands").
On January 28, 2026, the Board adopted Ordinance 001-2026 Amending Section 2-426 of the Monroe
County Code of Ordinances to allow Temporary Uses on Conservation Land under a License Agreement.
On March 11, 2026, the Board granted approval to advertise a Notice to Consider Adoption of County
Ordinance consistent with the requirements set forth in Section 125.66, Fla. Stat.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Conservation Land Ordinance Amendment FINAL 4.15.2026
Business-Impact-Estimate-Conservation-Lands-Ordinance-FINAL
Keys Citizen Affidavit and Proof of Publication
Ordinance 001-2026
Monroe County Ordinance Ch. 2 Art. VII Div
FINANCIAL IMPACT: NA
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 If yes, amount:
Producing:
Grant:
County Match:
Insurance Required:
� 3)
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5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2026
9
10 AN ORDINANCE OF THE BOARD OF COUNTY
11 COMMISSIONERS OF MONROE COUNTY, FLORIDA,
12 AMENDING THE COUNTY'S CODE OF ORDINANCES,BY
13 AMENDING SECTIONS 2-426(I) AND 2-426(2) OF THE
14 MONROE COUNTY CODE OF ORDINANCES, MONROE
15 COUNTY CONSERVATION LANDS; PROVIDING FOR
16 CONFLICTS; PROVIDING FOR SEVERABILITY;
17 PROVIDING FOR CODIFICATION;AND PROVIDING FOR
18 TRANSMITTAL AND AN EFFECTIVE DATE.
19
20
21 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
22 that the work of ordinance codification is an ongoing process that requires a continuing effort by
23 various County officials and staff, and it is the goal of the BOCC to ensure that the Monroe County
24 Code of Ordinances is kept current and of maximum use and clarity; and
25
26 WHEREAS, the Legislature of the State of Florida has, in Chapter 125, "County
27 Government," of the Florida Statutes, conferred upon local governments the authority to adopt
28 laws and regulations designed to promote the public health, safety, and general welfare of its
29 citizenry; and
30
31 WHEREAS, pursuant to Article VIH of the Florida Constitution and Section 125.66,
32 Florida Statutes, Monroe County possesses the police powers to enact ordinances in order to
33 protect the health, safety, and welfare of the County's citizens; and
34
35 WHEREAS,under F.S. 125.01(1)0)the BOCC is granted the authority, among others, to
36 establish and administer programs of conservation, and Monroe County and the Monroe County
37 Land Authority have acquired and continue to acquire parcels to protect sensitive assemblages of
38 native habitats, native plants and native species; and
39
40 WHEREAS, in May 2023, the BOCC amended Article VII of Chapter 2 of the Code of
41 Ordinances to add Division 4. - Monroe County Conservation Lands, currently Section 2-424 of
42 the Monroe County Florida Code of Ordinances, which was adopted to: establish a definition of
43 Monroe County Conservation Lands, define the role of the County Land Stewardship Program in
44 the management of said lands, and create a process to add properties to the inventory of Monroe
45 County Conservation Lands; and
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46
47 WHEREAS, Section 2-426(2) of the Monroe County Code of Ordinances establishes that
48 lands designated as Monroe County Conservation Lands shall be preserved in perpetuity and shall
49 not be considered or used for any other purpose; and
50
51 WHEREAS, in January 2026, the BOCC adopted an Emergency Ordinance amending
52 Section 2-426 of the Monroe County Code of Ordinances to allow temporary use of conservation
53 land for the production of a film project under the condition that no native plants would be
54 impacted during the production; and
55
56 WHEREAS,from time to time there are requests for the use of conservation lands for non-
57 conservation purposes on a temporary or permanent basis, and the BOCC wishes to define a
58 process by which such requests may be considered to ensure the proper protection of conservation
59 lands and their natural resources; and
60
61 WHEREAS, the BOCC desires to provide that a temporary use may only be considered
62 when the use will not cause any harm or impact to any native habitats, native plants and native
63 species, and a permanent use may only be considered when the BOCC determines the proposed
64 use is in the public interest or is a public necessity, and the proposed use meets an extreme hardship
65 standard; and
66
67 WHEREAS, the BOCC desires to amend Section 2-426 of the Monroe County Code of
68 Ordinances to include definitions of"extreme hardship,""public interest," "public necessity,"and
69 "requestor," and create a process to allow the BOCC to consider requests for temporary or
70 permanent use of conservation land; and
71
72 WHEREAS, on March 11, 2026, the Monroe County Board of County Commissioners
73 held a public hearing, and provided for public comment and public participation in accordance
74 with the requirements of state law; and
75
76 WHEREAS, the Board of County Commissioners hereby finds and determines that the
77 actions described herein serve the best interests of the residents, visitors, and business owners in
78 Monroe County, Florida.
79
80 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
81 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
82
83 Section 1: Ratification. That the foregoing"WHEREAS"clauses are hereby ratified
84 and confirmed as being true and correct and are hereby made a specific part of this ordinance.
85
86 Section 2: Amendment. Sections 2-426(1) and 2-426(2) of the Monroe County Code
87 of Ordinances is hereby amended to read as follows:
88
89 (1) Definitions.
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90 a. "Monroe County Conservation Lands" are defined as properties that are managed by
91 the County for the purpose of conservation and include:
92 (i) Properties that were purchased by the Monroe County Comprehensive Plan
93 Land Authority for conservation purposes;
94 (ii) Properties owned by the Board of County Commissioners that have been
95 acquired through the Rate of Growth Ordinance (ROGO) land dedication
96 process for conservation purposes;
97 (iii) Properties owned by the Board of County Commissioners that have been
98 dedicated for conservation through the Transferable Development Rights
99 procedure;
100 (iv) Properties acquired by the County utilizing grant funding where the terms of the
101 grant require long-term conservation of the property; and
102 (v) Properties owned by the Board of County Commissioners (BOCC) that have
103 been designated as conservation.
104 b. "State-owned Conservation Lands that are managed by the County" are those
105 properties owned by the State of Florida for which the County is the designated land
106 manager through a management lease with the State of Florida.
107 c. "Extreme hardship" means a significant burden that is unique to the applicant and
108 not shared by propeM owners in the area. Self-imposed circumstances caused to any
109 degree by actions of any requester shall not be construed as an extreme hardship.
110 Extreme hardship shall not be construed to include any hardship which arises in
111 whole or in part from the effect of other federal, state or local laws, ordinances, rules
112 or regulations.
113 d. "Public necessity" means the works or improvements required for the protection of
114 the health and safety of the public,for which no other less environmentally damaging
115 alternative exists.
116 e. "Requestor" means any City, Village, Monroe County, Monroe County
117 Comprehensive Plan Land Authority, or other local government entity requesting an
118 exemption for use of Conservation land for any other purpose than conservation.
119 (2) Lands designated Monroe County Conservation Lands shall be preserved in perpetuity and
120 shall not be considered or used for any other purpose. Nothing herein prohibits the Land
121 Steward from removing invasive exotics or performing other restoration work.
122 {j)a. Exemptions to Paragraph (2). Any uses approved for exemption pursuant to this
123 subsection shall be subject to all other local, state and federal regulations, as applicable.
124 (i) Temporary Use: The Board of County Commissioners or Land Authority Governing
125 Board may allow the use of conservation lands for temporary uses by a Requestor,
126 subject to the requirements for temporary uses provided for in the Monroe County Code
127 and Land Development Code, provided that such uses do not impact *e native
128 habitat, native plants, or native species by lice se a ee ent to be appr-eved by tine
129 . A temporary exemption to Paragraph(2) granted by the BOCC, and
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130 a license agreement granted by either the BOCC or Land Authority Governing Board,
131 whichever holds title on the Property, must be approved Prior to use. Such use shall be
132 limited in time, and the site, if damaged, shall be fully restored by the licensee or
133 requestor within one years under the supervision of and by coordination with the
134 County Land Steward. No license agreement for temporary use shall exceed ninety (90)
135 days.
136 (ii) Permanent Use: An exemption to Paragraph (2) for a permanent use may only be
137 granted after the BOCC makes a finding by a super majority vote in a public meeting
138 that a Requestor has demonstrated:
139 (a) an extreme hardship, where a significant burden unique to the requester exists and is
140 not shared by property owners in the area; and
141 (b)the proposed activity is a public necessity, in addition to addressing the hardship, and
142 (c)that the proposed activity is necessary; and
143 (d)the parcel is the only parcel available to serve the proposed paramount public purpose,
144 and
145 (e)that no less environmentally damaging alternative exists, and
146 (f) written confirmation that any party holding any recorded restriction on the subject
147 parcel, such as deed restrictions and conservation instruments, has been notified in
148 writing about the proposed use by the Requestor; and
149 fy� written confirmation that property owners within three hundred feet have been
150 notified in writingof f the proposed use by the Requestor; and
151 (h) The BOCC shall consider the following factors in making its finding to grant grant an
152 exemption to Paragraph (2):
153 1. the amount of time the subject parcel has been designated conservation and the
154 amount of funds expended from the County's Environmental Land Management
155 and Restoration Fund for the management of the subject parcel, and
156 2. whether State or Federal funds have been used for the management of the subject
157 parcel and whether use of such funds included any limitations on the use of the
158 subject parcel, and
159 3. whether State or Federal funds were used to acquire the subject parcel and whether
160 use of such funds included any limitation on the use of the subject parcel; and
161 4. whether there are any other recorded documents such as deed restrictions or
162 conservation easements which ma prohibit or limit any use of the subject parcel.
163 (i) The BOCC must make a finding_granting an exemption to Paragraph (2) by super
164 majority vote prior to either the BOCC or Land Authority Governing Board granting
165 any license agreement, easement, or any other authorization for any use other than
166 conservation. Any exemption granted by the BOCC will be subject to the following
167 conditions:
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168 1. Destruction and degradation of natural resources that result in adverse impacts to
169 native habitats, native plants or native species shall be avoided to the maximum
170 extent practicable.
171 2. Unavoidable impacts to native habitats, native plants or native species shall be
172 minimized and confined to the maximum extent practicable.
173 3. Unavoidable impacts to native habitats, native plants or native species will require
174 mitigation consistent with the Monroe County Land Development Code, and other
175 local, state and federal regulations, as applicable.
176
177 Section 3: Conflicts. That all ordinances or parts of ordinances, all County Code
178 sections or parts of County Code sections, and all resolutions or parts of resolutions in conflict
179 with this ordinance are hereby repealed to the extent of such conflict.
180
181 Section 4: Severability. That should any section or provision of this ordinance or any
182 portion thereof, any paragraph, sentence, clause or word be declared by a court of competent
183 jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a
184 whole or part hereof other than the part declared invalid. If this ordinance or any provision thereof
185 shall be held to be inapplicable to any person, property or circumstances, such holding shall not
186 affect its applicability to any other person,property or circumstances.
187
188 Section 5: Codification. That the provisions of this ordinance shall be codified within
189 the Code of Ordinances of Monroe County, Florida, and any paragraph or section may be
190 renumbered to conform with the Code of Ordinances.
191
192 Section 6: Transmittal and Effective Date. That this Ordinance shall be transmitted
193 to and become effective upon filing with the Florida Department of State as provided in Section
194 125.66, Fla. Stat., as may be amended from time to time.
195
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209
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210 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
211 Florida, at a regular meeting of said Board held on the day of , 2026.
212
213 Mayor Michelle Lincoln
214 Mayor Pro Tem David Rice
215 Commissioner Craig Cates
216 Commissioner Holly Merrill Raschein
217 Commissioner James K. Scholl
218
219 (Seal)
220 Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS
221 OF MONROE COUNTY, FLORIDA
222
223
224
225 By: By:
226 Deputy Clerk Michelle Lincoln, Mayor
227
228
229
230 Approved as to legal form and sufficiency:
231 Digital lysigned byJeni-Lee MacLaughI in
232 Jeni-Lee Mac Laughlin Date.2026.04,41524:00-04'00'
233 Jeni-Lee MacLaughlin, Assistant County Attorney
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Liz Yongue
From: Ann Lugbill <alug bill @gmail.com>
Sent: Wednesday, April 15, 2026 1:08 PM
To: Gomez-Krystal; 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; Gastesi-Roman;
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;
Valcheva-Svilena; Powell-Barbara; Guerra-Cynthia; Brynn Morey;Jordan Mannix-
Lachner; Beth Fennell;Jenny Dunkle; valerie preziosi
Subject: U-9 Agenda item BOCC Ordinance re Conservation lands
Follow Up Flag: Follow up
Flag Status: Flagged
You don't often get email from alugbill@gmail.com.Learn why this is important
To Honorable BOCC Members and related:
Thankyou for the opportunity to provide input regarding this proposed Ordinance. I have only had a few
hours to consider it since last night's revision was circulated. I am one of the convenors of the Big Pine
United group that has been opposing the College of the Florida Keys' proposal to place a CDL truck
driving school in the midst of Big Pine, adjacent to the USFW Refuge and virtually across the road from
Monroe County conservation land. I have owned a home in Pine Channel Estates in Big Pine since 1999.
1 also own undeveloped conservation property on an island not far from the Bad Monkey production.
I would advocate that you adopt the proposed Last Stand-BOCC revisions of last night, but also consider
more protections for residents in addition to those provided for native species. We all want quiet
enjoyment of our homes and properties, but this Ordinance needs to do more to protect landowners who
have chosen their homes, in part, because of proximity to conservation and other protected lands, not
anticipating that a Fortune 500 movie company could easily move in to make our home no longer the
quiet paradise we had come to enjoy.
This issue is deserving of a much more thorough process. Several issues should be considered:
1.
1.
Ann Lugbill
513-235-6655
i
Liz Yongue
From: Ann Lugbill <alug bill @gmail.com>
Sent: Wednesday, April 15, 2026 1:18 PM
To: Gomez-Krystal; 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; Gastesi-Roman;
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;
Valcheva-Svilena; Powell-Barbara; Guerra-Cynthia; Brynn Morey;Jordan Mannix-
Lachner; Beth Fennell;Jenny Dunkle; valerie preziosi
Subject: Re: U-9 Agenda item BOCC Ordinance re Conservation lands
Attachments: Proposed Ordinance (excerpts) as Revised April 14 edited rev BPU extra.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
You don't often get email from alugbill@gmail.com.Learn why this is important
My apologies, I have a zoom call with the Master Gardener program and am a speaker today and hit the
wrong button!. Several issues for the BOCC to be considered:
1. Refer this back to a Committee and the Monroe County Land Management Advisory Board
2. Get input from ornithologists, herpetologists, turtle experts, USFW&other deer and nonprofit groups
to decide how and if the environmental impact will occur, including to turtle nesting and bird nesting
3. Add "human environment" as a factor in whether conservation lands should be used for other
purposes.
4. Better address process for determining environmental impact.
5. Consider whether certain lands should specifically be protected from non-conservation use, such as
those in and near the Refuges, state and local parks, areas where there is a lot of conservation property,
etc.
6. Pay more attention to how noise, lighting, traffic impact residents and native species far beyond the
immediate location at issue.
7. Make sure that users pay for their uses, pay to residents and to the County.
I attach the revised ordinance with some suggestions in bold/italics/underline to make this a stronger
Ordinance and less likely to create more questions and issues in the future. No one wants litigation and
the need for more clarity is essential to avoid litigation, not to mention residents' complaints.
Thankyou,
Ann Lugbill,volunteer with Big Pine United
29547 Saratoga Ave.
Big Pine Key, FL 33043
513-235-6655,
i
On Wed,Apr 15, 2026 at 1:08 PM Ann Lugbill<alugbill()gmail.com>wrote:
To Honorable BOCC Members and related:
Thankyou for the opportunity to provide input regarding this proposed Ordinance. I have only had a few
hours to consider it since last night's revision was circulated. I am one of the convenors of the Big Pine
United group that has been opposing the College of the Florida Keys' proposal to place a CDL truck
driving school in the midst of Big Pine, adjacent to the USFW Refuge and virtually across the road from
Monroe County conservation land. I have owned a home in Pine Channel Estates in Big Pine since
1999. 1 also own undeveloped conservation property on an island not far from the Bad Monkey
production.
I would advocate that you adopt the proposed Last Stand-BOCC revisions of last night, but also
consider more protections for residents in addition to those provided for native species.We all want
quiet enjoyment of our homes and properties, but this Ordinance needs to do more to protect
landowners who have chosen their homes, in part, because of proximity to conservation and other
protected lands, not anticipating that a Fortune 500 movie company could easily move in to make our
home no longer the quiet paradise we had come to enjoy.
This issue is deserving of a much more thorough process. Several issues should be considered:
1.
1.
Ann Lugbill
513-235-6655
Ann Lugbill
513-235-6655
2
Proposed Ordinance (excerpts) as Revised April 14, 2026
MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Edits for consideration by Ann Lugbill, Big Pine Key, Florida in bold italics and underlined..
Member, Big Pine United
7
8 ORDINANCE NO. -2026
9
10 AN ORDINANCE OF THE BOARD OF COUNTY
11 COMMISSIONERS OF MONROE COUNTY, FLORIDA,
12 AMENDING THE COUNTY'S CODE OF ORDINANCES, BY
13 AMENDING SECTIONS 2-426(1)AND 2-426(2) OF THE
14 MONROE COUNTY CODE OF ORDINANCES, MONROE
15 COUNTY CONSERVATION LANDS; PROVIDING FOR
16 CONFLICTS; PROVIDING FOR SEVERABILITY;
17 PROVIDING FOR CODIFICATION; AND PROVIDING FOR
18 TRANSMITTAL AND AN EFFECTIVE DATE.
19
20
21 WHEREAS, the Monroe County Board of County Commissioners (BOCC)recognizes
22 that the work of ordinance codification is an ongoing process that requires a continuing effort by
23 various County officials and staff, and it is the goal of the BOCC to ensure that the Monroe County
24 Code of Ordinances is kept current and of maximum use and clarity; and
25
26 WHEREAS, the Legislature of the State of Florida has, in Chapter 125, "County
27 Government," of the Florida Statutes, conferred upon local governments the authority to adopt
28 laws and regulations designed to promote the public health, safety, and general welfare of its
29 citizenry; and
30
31 WHEREAS,pursuant to Article VIII of the Florida Constitution and Section 125.66,
32 Florida Statutes, Monroe County possesses the police powers to enact ordinances in order to
33 protect the health, safety, and welfare of the County's citizens; and
34
35 WHEREAS, under F.S. 125.01(1)0) the BOCC is granted the authority, among others, to
36 establish and administer programs of conservation, and Monroe County and the Monroe County
37 Land Authority have acquired and continue to acquire parcels to protect sensitive assemblages of
38 native habitats, native plants and native species; and
39
40 WHEREAS, in May 2023, the BOCC amended Article VII of Chapter 2 of the Code of
41 Ordinances to add Division 4. - Monroe County Conservation Lands, currently Section 2-424 of
42 the Monroe County Florida Code of Ordinances, which was adopted to: establish a definition of
43 Monroe County Conservation Lands, define the role of the County Land Stewardship Program in
44 the management of said lands, and create a process to add properties to the inventory of Monroe
45 County Conservation Lands; and
46
47 WHEREAS, Section 2-426(2) of the Monroe County Code of Ordinances establishes that
48 lands designated as Monroe County Conservation Lands shall be preserved in perpetuity and shall
49 not be considered or used for any other purpose; and
50
51 WHEREAS, in January 2026, the BOCC adopted an Emergency Ordinance amending
52 Section 2-426 of the Monroe County Code of Ordinances to allow temporary use of conservation
53 land for the production of a film project under the condition that no native plants would be
54 impacted during the production; and
55
56 WHEREAS, from time to time there are requests for the use of conservation lands for non
57 conservation purposes on a temporary or permanent basis, and the BOCC wishes to define a
58 process by which such requests may be considered to ensure the proper protection of conservation
59 lands and their natural resources; and
60
61 WHEREAS, the BOCC desires to provide that a temporary use may only be considered in
extraordinary circumstances and not in the ordinary course of business
62 when the use will not cause any harm or impact to any native habitats, native plants and native
63 species, and a permanent use may only be considered when the BOCC determines the proposed
64 use is in the public interest or is a public necessity, and the proposed use meets an extreme hardship
65 standard; and
66
67 WHEREAS, the BOCC desires to amend Section 2-426 of the Monroe County Code of
68 Ordinances to include definitions of"extreme hardship,"Delete: `public interest,""public
necessity," and
69 "requestor," and create a process to allow the BOCC to consider requests for temporary or
70 permanent use of conservation land; and
71
72 WHEREAS, on March 11, 2026, the Monroe County Board of County Commissioners
73 held a public hearing, and provided for public comment and public participation in accordance
74 with the requirements of state law; and
75
76 WHEREAS, the Board of County Commissioners hereby finds and determines that the
77 actions described herein serve the best interests of the residents, visitors, and business owners in
78 Monroe County, Florida.
79
80 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
81 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
82
83 Section 1: Ratification. That the foregoing "WHEREAS" clauses are hereby ratified
84 and confirmed as being true and correct and are hereby made a specific part of this ordinance.
85
86 Section 2: Amendment. Sections 2-426(1) and 2-426(2) of the Monroe County Code
87 of Ordinances is hereby amended to read as follows:
88
89 (1) Definitions.
90
a. "Monroe County Conservation Lands" are defined as properties that are managed by
91 the County for the purpose of conservation and include:
92 (i)Properties that were purchased by the Monroe County Comprehensive Plan
93 Land Authority for conservation purposes;
94 (ii) Properties owned by the Board of County Commissioners that have been
95 acquired through the Rate of Growth Ordinance (ROGO) land dedication
96 process for conservation purposes;
97 (iii)Properties owned by the Board of County Commissioners that have been
98 dedicated for conservation through the Transferable Development Rights
99 procedure;
100 (iv)Properties acquired by the County utilizing grant funding where the terms of
the
101 grant require long-term conservation of the property; and
102 (v)Properties owned by the Board of County Commissioners (BOCC) that have
103 been designated as conservation.
104 b. "State-owned Conservation Lands that are managed by the County" are those
105 properties owned by the State of Florida for which the County is the designated land
106 manager through a management lease with the State of Florida.
107 c. "Extreme hardship"means a significant burden that is unique to the applicant and
108 not shared by property owners in the area for which no other available non-
conservation land reasonably exists and no less environmentally damaging alternative
exists.
Self-imposed circumstances caused to any
109 degree by actions of any requester shall not be construed as an extreme hardship.
110 Extreme hardship shall not be construed to include any hardship which arises in
111 whole or in part from the effect of other federal, state or local laws, ordinances, rules
112 or regulations.
113 d. "Public necessity" means the works or improvements required for the protection of
114 the health and safety of the public, for which no other available non-conservation land
reasonably exists and no less environmentally damaging
115 alternative exists.
116 e. "Requestor" means any City, Village, Monroe County, Monroe County
117 Comprehensive Plan Land Authority, or other local government entity requesting an
118 exemption for use of Conservation land for any other purpose than conservation and for
which the Requestor has thoroughly investigated and explored alternatives and
provided notice to potentially affected residents,property owners, FWC, IISFWS, and
interested conservation groups.
119 (2) Lands designated Monroe County Conservation Lands shall be preserved in perpetuity and
120 shall not be considered or used for any other purpose. Nothing herein prohibits the Land
121 Steward from removing invasive exotics or performing other restoration work.
122 a. Exemptions to Paragraph(2). Any uses approved for exemption pursuant to this
123 subsection shall be subject to all other local, state and federal regulations, as applicable.
Note: This provision conflicts with Section 3, which states "That all ordinances or
parts of ordinances, all County Code 178 sections or parts of County Code sections,
and all resolutions or parts of resolutions in conflict 179 with this ordinance are
hereby repealed to the extent of such conflict.
124 (i) Temporary Use: The Board of County Commissioners or Land Authority Governing
125 Board may allow the use of conservation lands for temporary uses by a Requestor,
126 subject to the requirements for temporary uses provided for in the Monroe County Code
127 and Land Development Code,provided that such uses that do not impact the human
environment, native
128 habitat, native plants, or native species by license agreement to be approved by the
129 Board prior to use. A temporary exemption to Paragraph(2) granted by the BOCC, and a
license agreement granted by either the BOCC or Land Authority Governing Board,
131 whichever holds title on the property, must be approved prior to use. Such use shall be
132 limited in time, and the site, if damaged, shall be fully restored by the licensee or
133 requestor within one year under the supervision of and by coordination with the
134 County Land Steward. No license agreement for temporary use shall exceed ninety(90)
135 days.
No extensions or multiple license agreements may be granted to a requestor.
Written personal notice and the opportunity to respond and be heard must be provided
and proof of service provided, at the expense of the Requestor, to adjacent property
owners and residents located within 1000_yards of the location or, further distance
when determined by the BOCC or Land Authority Governing Board or their designees
to be appropriate due to potential impacts of noise, lighting, traffic disruption, and
environmental impacts.
Reasonable license restrictions as to dates, time of day, decibel levels, lighting, and
traffic impairment shall be part of the license.
No use in violation of license restrictions shall be permitted and the license shall be
immediately revoked in the event of license violations or other violations of law.
To enhance self-policing and citizen monitoring of activities, proposed license notices
and granted licenses shall be prominently posted and maintained by the Requestor at
the site and at the nearest 8 roadway intersections and published as legal notices.
All Requestors shall pay in advance a minimum of$ 500 daily or such other higher
market-rate fees as are appropriate for each day of use, with appropriate bonding as
to violation of the term of the license or damage to conservation lands.
All notices required by this Ordinance shall be provided timely to the U.S. Fish &
Wildlife Service, U.S. Park Service, citizen organizations concerned about the
environment, including but not limited to turtle protection, deer protection, bird
protection, native plant and insection protection groups, Monroe County media, and
prominently posted on the BOCC and other applicable governmental website.
All response periods by persons or groups who may or will be affected by a license
under this Ordinance shall be entitled to actual notice of at least 30 days, excluding
holidays and any time period during which the County has ordered evacuation due to
hurricane or other emergency
All temporary uses shall also comply with Section (ii) (fl-(h) requirements below.
136 (ii) Permanent Use: An exemption to Paragraph(2) for a permanent use may only be
137 granted after the BOCC makes a finding by a super majority vote in a public meeting
138 that a Requestor has demonstrated:
139 (a) an extreme hardship, where a significant burden unique to the requester exists
and is
140 not shared by property owners in the area; and
141 (b) the proposed activity is a public necessity, in addition to addressing the
hardship; and
142 (c) that the proposed activity is necessary; and
143 (d) the parcel is the only parcel available to serve the proposed paramount public
purpose,
144 and
145 (e) that no less environmentally damaging alternative exists; and
146 (f) written confirmation that any party holding any recorded restriction on the
subject
147 parcel, such as deed restrictions and conservation instruments, has been notified
in
148 writing about the proposed use by the Requestor; and
149 (g) written confirmation that property owners within three hundred feet have
been
notified in writing of the proposed use by the Requestor; and
151 (h) The BOCC shall consider the following factors in making its finding to grant
an
152 exemption to Paragraph(2):
153 1. the amount of time the subject parcel has been designated conservation
and the
154 amount of funds expended from the County's Environmental Land
Management
155 and Restoration Fund for the management of the subject parcel; and
156 2. whether State or Federal funds have been used for the management of
the subject
157 parcel and whether use of such funds included any limitations on the use
of the
158 subject parcel; and
159 3. whether State or Federal funds were used to acquire the subject parcel
and whether
160 use of such funds included any limitation on the use of the subject parcel;
and
161 4. whether there are any other recorded documents such as deed
restrictions or
162 conservation easements which may prohibit or limit any use of the subject
parcel.
163 (i) The BOCC must make a finding granting an exemption to Paragraph(2)by super
164 majority vote prior to either the BOCC or Land Authority Governing Board granting
165 any license agreement, easement, or any other authorization for any use other than
166 conservation.All temporary uses must satisfy the provisions of 2(c) and(d) above. Any
exemption granted by the BOCC will be subject to the following
167 conditions:
1. Destruction and degradation of natural resources that result in adverse impacts to
the human environment,
169 native habitats, native plants or native species shall be avoided to the maximum
170 extent practicable.
171 2. Unavoidable impacts to the human environment, native habitats, native plants or
native species shall be
172 minimized and confined to the maximum extent practicable.
173 3. Unavoidable impacts to the human environment, native habitats, native plants or
native species will require
174 mitigation consistent with the Monroe County Land Development Code, and other
175 local, state and federal regulations, as applicable.
4. No uses shall be permitted that violate the terms of deed restrictions, conservation
and other easements, and prior grantor other funding requirements.
5. Adequate compensation is being provided for the conversion of property to non-
conservation uses.
6. The provisions of line 135 above (as amended) shall apply to all permanent
uses except as specifically exempted pursuant to County Code enactments.
176 ****************************************************************************
177 Section 3: Conflicts. That all ordinances or parts of ordinances, all County Code
178 sections or parts of County Code sections, and all resolutions or parts of resolutions in conflict
179 with this ordinance are hereby repealed to the extent of such conflict upon review and findings
by the BOCC of such conflicts and enactment of revised Code sections as may be appropriate.
Such conflict resolution shall be completed within 270 days of the enactment of this
Ordinance.Any Code provisions not specifically changed by enactment of the BOCC shall
remain valid and in full force.
Liz Yongue
From: Hunt-Kacey <Hunt-Kacey@MonroeCounty-FL.Gov>
Sent: Wednesday, April 15, 2026 2:13 PM
To: Liz Yongue
Subject: FW: County Conservation Lands
For the record, agenda item U9.
Kacey Fount, Executive Assistant
Michelle Lincoln
Mayor
Monroe County, District 2
7280 Overseas Hwy, #2
Marathon, FL 33050
Courier Stop#14A
(305) 292-4512
Monroe County, Florida
"The Florida Keys"
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.
From:valerie preziosi <valerie@oceani.com>
Sent:Tuesday,April 14, 2026 11:18 AM
To: Lincoln-Michelle<Lincoln-Michelle@ Mon roecounty-FL.Gov>
Cc: Hunt-Kacey<Hunt-Kacey@ Mon roeCounty-FL.Gov>
Subject: Re: County Conservation Lands
III CAUTION
Thankyou foryour response.
This is so complicated. I'll be working part of the day tomorrow and won't be able to attend the meeting. I
don't understand how basing the ordinance on the State of Florida Statutes for the Aquatic Preserves will
address the use of terrestrial County lands. I thought that was submerged lands. Michelle,do you have a
guesstimate for when Cynthia Guerra will present at the meeting? I'm trying to arrange coverage for that period so I
can attend on Zoom.
Many thanks,
1
Val
On Apr 13, 2026, at 1:04 PM, Lincoln-Michelle <Lincoln-micheOd M_onroecounty-FL.Gov>
wrote:
Hi Valerie,
This item will be heard on Wednesday and you will be given an opportunity to voice your opinion
after Cynthia Guerra explains the reasons around this ordinance. Last Thursday, Cynithia met with
Last Stand Director,Jordan Mainnix-Lachner and Stuart Shaffer to discuss the Ordinance. Afterthe
meeting both felt better about it and are offering a few tweaks to the ordinance that they will give to
Cynthia prior to our meeting on Wednesday.
It is my understanding that this Ordinance will put a Process in place that is based on the State of
Florida Statute for the Aquatic Preserves. This is our opportunity to place adequate guardrails on
permits and have more say from the public. This will also allow staff to interface with other
agencies that have the ability to use these lands (electric coop, aqueduct ect).
Michelle Lincoln
Mayor
Monroe County BOCC
District 2
7280 Overseas Hwy,#2
Marathon, FL 33050
(305)292-4512 (Office)
(305)360-7666(Cell Phone)
<image001.jpg>
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 MAYBE SUBJECT TO PUBLIC DISCLOSURE.
From:valerie preziosi <vglnri_n(2c a_ni com.>
Sent: Sunday,April 12, 2026 5:41 PM
To: Cates-Craig<Cans-Cr aig( MonroeCounty-FL.tSov>; 130CCDIS2< aaccdis2( aanraacaa�ant -fl. ov>;
BOCCDIS4< CC�II_S4( IM_onraaeCaaLanty-FL.Gov>; BOCCDIS3< .0..0 S3( IMaanraanCaa�anty-FL.Oov>;
130CCDIS5< C)CC IISS( IMonroeCOLAnty-FL.Gov>
Cc: Hunt-Kacey<Ih.iunt-Ka -FL.Oov>
Subject: RE: County Conservation Lands
ICAUTION:This email originated from outside of the County. Whether you know the sender or not, do
not click links or open attachments you were not expecting.
Valerie Preziosi
President, Save Our Key Deer, Inc.
2076 Long Beach Drive
2
Big Pine Key, FL 33043
vad rie oceanu_acon
4/12/26
Board of County Commissioners
Monroe County
Dear Commissioners,
I am writing to urge you to vote "no" on the proposed ordinance that would allow Monroe
County conservation lands to be used for purposes other than strict conservation at your
April 15 meeting at the Marathon Government Center.
Monroe County's conservation lands were specifically set aside to protect our precious
native habitats. The proposed ordinance would undermine this mission by permitting
temporary or permanent uses unrelated to conservation. I respectfully offer the following
points for your consideration:
• Violation of Original Purpose:These lands were acquired and protected for the
explicit purpose of conserving native habitat.Allowing alternate uses, even
temporarily, sets a precedent that could erode the integrity of our conservation
mission.
• Risk of Permanent Loss:While an emergency ordinance, unfortunately passed in
January, allowed a film production to use conservation land, this new proposal
would establish a broader, ongoing exemption process—including potential
permanent uses. Once a precedent for non-conservation use is established, it
becomes increasingly difficult to safeguard these lands from further encroachment
or permanent loss.
• Lack of Specific Protections:The ordinance fails to specify enforceable mitigation
requirements, restoration timelines, or adequate habitat protections for
conservation lands impacted by exemptions.Without clear, binding requirements,
there is no guarantee that damaged habitats will be restored or compensated
appropriately.
• Vague Exemption Standards:The ordinance establishes an "extreme hardship"
and "public interest" standard for granting exemptions. However, critics have noted
inconsistencies and ambiguities in these standards, making meaningful application
challenging and opening the door to subjective interpretation and potential misuse.
Conservation lands represent a promise to current and future generations that our county
values and protects its natural heritage.Weakening this commitment for short-term
interests could have long-lasting negative impacts on our environment, wildlife, and
community trust.
I urge you to uphold the original intent of Monroe County's conservation lands and vote
"no" on this ordinance. Please keep these lands true to their purpose—for conservation,
and for the benefit of all.
Thank you for your consideration.
Respectfully,
Valerie Preziosi
3
This email has been scanned for spam and viruses by Proofpoint Essentials. Click herd to report this
email as spam.
4
Liz Yongue
From: Hunt-Kacey <Hunt-Kacey@MonroeCounty-FL.Gov>
Sent: Wednesday, April 15, 2026 2:16 PM
To: Liz Yongue
Subject: FW: Agenda Item U9
For the record, agenda item U9.
Kacey Fount, Executive Assistant
Michelle Lincoln
Mayor
Monroe County, District 2
7280 Overseas Hwy, #2
Marathon, FL 33050
Courier Stop#14A
(305) 292-4512
Monroe County, Florida
"The Florida Keys"
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.
From: Lincoln-Michelle<Lincoln-Michelle@ Mon roecounty-FL.Gov>
Sent: Friday, April 10, 2026 11:09 AM
To: Stuart<sfschaffer@gmail.com>;jmannixlachner@keyslaststand.org
Cc: Hunt-Kacey<Hunt-Kacey@ Mon roeCounty-FL.Gov>
Subject: RE:Agenda Item U9
Good morning Stuart and Jordan,
I am glad you all had a productive meeting with Cynthia yesterday. This morning I met with Cynthia to review in
more detail Item U9. It is my understanding that this Ordinance will actually put in place a better process for
allowing(or not allowing) uses on Conservation lands. Cynthia based her language on the State of Florida's
Aquatic Preserves Statute. I understand you all are meeting with Cynthia again on Tuesday with possible
amendments to the Ordinance.
I will follow up with Cynthia afterwards and prior to our meeting on Wednesday.
Take care and have a great weekend,
Michelle
Michelle Lincoln
Mayor
Monroe County BOCC
District 2
1
7280 Overseas Hwy,#2
Marathon, FL 33050
(305)292-4512 (Office)
(305)360-7666(Cell Phone)
i"
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 MAYBE SUBJECT TO PUBLIC DISCLOSURE.
From: Stuart<sf:schaf er(�gmail.com>
Sent: Friday, April 10, 2026 8:34 AM
To: Lincoln-Michelle<ILincaaln-lM%ch Il ( IM¢anr¢a c¢aLanty FL.Gov>
Subject: Fwd:Agenda Item U9
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Good morning, Michelle. In regard to my note below and Last Stand's letter that was submitted
yesterday, I wanted you to know that Jordan and I met with Cynthia Guerra yesterday. I am hopeful as a
result of our meeting that we can come up with a handful of changes to the proposed ordinance that
Cynthia is on board with and will be willing to present to the BOCC as a revised version of the proposed
ordinance at the meeting Wednesday.
Stuart
Begin forwarded message:
From: Stuart<sfschaffer@gmaiLcom>
Date:April 9, 2026 at 8:27:52 AM EDT
To: BOCCDIS2 <boscd°uus2 monroeco_ou_nty-f0.gov>,boccclis1 nionro cou_0ty-f .gov,
boccd°us3 rncnnroecounty-f0.gov,'boccd°us4 n ionro cor.u_nty-f0.gov,
boccdis5@nionroecounty-fD.gov
Cc: Hurley-Christine <Hun"0 y-Christin @mo nroec aunty-fD.gov>, Schemper-Emily
<Schemper-Emily nionro coup ty-fLgov>, Tolpin-Devin <Tol.pin-Devi_n@monro county-
f .goo>, Guerra-Cynthia <G uerra-cynthia@monro county-f0.gov>
Subject:Agenda Item U9
Dear Mayor and Commissioners:
I am writing you this note in regard to agenda item U9 for the April 15 BOCC meeting. This
is a proposed ordinance that sets forth rules for allowing temporary and permanent non-
conservation uses of conservation lands.
2
Prior to this proposed ordinance being presented to the BOCC, there has been no
opportunity for input by members of the public to County staff regarding the proposal. I
can tell you that I have a number of concerns with the language of the proposed ordinance,
including(1)the need for more detail about the restoration requirement for temporary use,
(2)the definition of"extreme hardship" for permanent use, (3)the inclusion of an easy-to-
meet"public interest" standard for permanent use, and (4)the vague conditions for
temporary and permanent use (using words such as "minimized," "to the maximum extent
practicable," and mitigation "consistent with" local, state, and federal regulations).
This proposal is too important and will result in too significant a change to the potential
uses of conservation lands to be handled in a single public hearing at the
BOCC. Accordingly. I request that you postpone this agenda item and direct staff to
convert the proposal into an amendment to the County's Land Development
Code. This would give the public the opportunity to provide specific comments to staff at a
Community Meeting, Development Review Committee, and the Planning Commission
before it comes before the BOCC.
Respectfully submitted:
Stuart Schaffer
3
Liz Yongue
From: Hunt-Kacey <Hunt-Kacey@MonroeCounty-FL.Gov>
Sent: Wednesday, April 15, 2026 2:26 PM
To: Liz Yongue
Subject: FW: Agenda Item U9
Attachments: LastStand_LTC_ItemU9_ConservationLands.pdf
Hi Liz,
Here is one for the record, for agenda item U9.
Lacey Hunt, Executive Assistant
Michelle Lincoln
Mayor
Monroe County, District 2
7280 Overseas Hwy, #2
Marathon, FL 33050
Courier Stop#14A
(305) 292-4512
Monroe County, Florida
"The Florida Keys"
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.
From:Jordan Mannix-Lachner<jmannixlachner@keyslaststand.org>
Sent:Thursday, April 9, 2026 1:25 PM
To: BOCCDIS2<boccdis2@monroecounty-fl.gov>; Cates-Craig<Cates-Craig@ Mon roeCounty-FL.Gov>; BOCCDIS3
<BOCCDIS3@ Mon roeCounty-FL.Gov>; BOCCDIS4<BOCCDIS4@ Mon roeCounty-FL.Gov>; BOCCDIS5
<BOCCDIS5@ Mon roeCounty-FL.Gov>
Cc: Schemper-Emily<Schemper-Emily@ Mon roeCounty-FL.Gov>;Tolpin-Devin <Tolpin-Devin@MonroeCounty-FL.Gov>;
Guerra-Cynthia <Guerra-Cynthia@MonroeCounty-FL.Gov>; Hurley-Christine<Hurley-Christine@ Mon roeCounty-FL.Gov>;
Last Stand Board <board@keyslaststand.org>
Subject:Agenda Item U9
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Dear Mayor and Commissioners,
i
Please find attached Keys Last Stand's formal comments on the proposed ordinance to authorize non-
conservation uses of Monroe County conservation lands (Agenda Item U9), to be heard at the April 15
BOCC meeting.
Our letter details our specific concerns with the proposed language and offers recommendations should
the ordinance move forward.
We welcome the opportunity to participate in further deliberations on this matter, and hope the final vote
on this ordinance can be stayed to allow time for further public participation &discussion.
Respectfully,
Jordan Mannix-Lachner
Executive Director
Keys Last Stand
KeysLastStand.org
2
4��5\N G TyF
LAST STAND
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
April 8, 2026
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, FL 33040
Re: Agenda item #U9: Proposed Ordinance Allowing Non-Conservation Uses of Conservation
Lands Public Hearing April 15, 2026
Dear Mayor and Commissioners,
This letter contains Keys Last Stand's comments on a proposed ordinance to be considered at the
April 15 BOCC meeting (the "Proposed Ordinance")to provide for exemptions to authorize
non-conservation uses of Monroe County conservation lands and on Emergency Ordinance
001-2026 (Jan. 29, 2026) which amended Section 2-426 of the Monroe County Code of
Ordinances (the "January Ordinance").
Principal Concern with the Proposed Ordinance and the January Ordinance
Conservation lands are protected in perpetuity. The Proposed Ordinance and the January
Ordinance allow non-emergency, non-conservation uses on designated conservation lands in
Monroe County. That is contrary to the fundamental purpose and intent of Monroe County's
conservation program. For these reasons, Last Stand opposes the portion of the January
Ordinance which allows future temporary non-conservation uses as well as the Proposed
Ordinance. We ask that the BOCC rescind the portion of the January Ordinance allowing
future temporary non-conservation uses and reject the Proposed Ordinance. Emergency
temporary situations should continue to be authorized only by a supermajority vote of the
BOCC.
Request for Continuance
If the BOCC is not prepared to disallow all non-emergency temporary uses of conservation
lands, Last Stand requests that the agenda item be continued and that the Proposed Ordinance be
reintroduced as an amendment to the Monroe County Land Development Code. Following this
process would allow more fulsome public deliberation and the opportunity for community input
to inform staff revisions before it moves forward.
Allow Only Uses Not Longer Than 30 Days
If the BOCC moves forward with the Proposed Ordinance, Last Stand believes it is inappropriate
to allow uses of conservation lands for more than a short-term period, which should be no longer
than 30 days with no opportunity for renewal. This minimizes overall impact on conservation
lands and native species.
We have attached as Exhibit A a list of I) our specific concerns on the language of the
proposal, and 2) recommendations for improved language should the Proposed Ordinance
advance.
Last Stand has advocated for conservation in the Florida Keys for over 40 years and we take
seriously our responsibility to engage constructively with the County. We welcome the
opportunity to participate in further deliberations on this matter.
Respectfully submitted,
Keys Last Stand
EXHIBIT A
Concerns with the Language of the Proposed Ordinance
Last Stand has a number of specific concerns with the breadth of the language of the Proposed
Ordinance. Three of the most significant concerns include concerns:
1. The "extreme hardship" standard doesn't work here. In this context, hardship relief is
designed to help a property owner whose land has a unique physical characteristic that
prevents them from using it the way other owners can. This ordinance doesn't do that;
every conservation lot is subject to the same rules, so there is no lot-specific hardship to
remedy. Instead, this ordinance simply treats the conservation land restrictions as a
hardship.
This creates a self-fulfilling prophecy. The Proposed Ordinance defines "extreme
hardship" as a burden unique to the applicant and not shared by other property owners in
the area. But per Section 2-426(1)(a), all conservation lands are owned by Monroe
County so the burden is, by definition, unique to Monroe County and not shared by
surrounding owners. The standard is satisfied automatically in every case, rendering it
meaningless.
There is a broader implication: if Monroe County treats its own conservation regulations
as an extreme hardship, it invites every private landowner subject to conservation
restrictions to make the same argument.
2. The public interest standard is too vague and could justify almost anything. The
Proposed Ordinance defines public interest as benefits that "clearly exceed" costs but
conservation benefits are difficult, if not impossible, to quantify against economic
activity. The January Ordinance cited "promotion of the Florida Keys as a travel
destination" and "revenue for local businesses" as justifications for allowing the Bad
Monkey filming on conservation land. Under the January Ordinance, that reasoning
would remain valid and could justify almost any revenue-generating use. Last Stand's
position is that use exemptions should only be applicable for uses that are a bona fide
public necessity.
3. Mitigation and restoration requirements are undefined. The Proposed Ordinance
references mitigation "consistent with the Monroe County Land Development Code" but
does not specify what mitigation is required, who is responsible for restoration, or what
timeline applies. Without enforceable standards, these provisions offer little meaningful
protection.
Last Stand's Recommendations on the Specific Language of the Proposed Ordinance
The following comments reflect Last Stand's minimum requirements for any amended version of
the Proposed Ordinance. They are submitted to support the Board's deliberations and to provide
a starting point for staff revision.
Temporary Uses:
General
• Temporary uses limited to 30 days with no renewals.
• Uses restricted to uses listed as permitted or conditional uses in the Conservation District.
• Exemptions must meet a public necessity standard. Tourism promotion, revenue
generation, and similar economic benefits shall not constitute public necessity. Eliminate
the public interest test
Habitat and Restoration
• Adopt a monitoring requirement during the entire period of use
• Critical habitat and habitat for threatened or endangered species including recently
listed species not yet addressed in the County Code or Biological Opinion shall be
categorically excluded from any exemption.
• A pre-use species survey shall be required for all applications.
• Heightened scrutiny shall be given to habitats with elevated wildfire risk.
• A post-use restoration assessment shall be conducted by the County Land Steward.
• Responsibility for restoration shall be expressly assigned to both the requestor and/or
licensee, with a defined timeline for completion.
• An environmental performance bond shall be held in escrow prior to the commencement
of any authorized use.
Public notice and Participation
• Public notice must be provided to residents within one mile of the subject parcel,
registered interested parties, and relevant state and federal agencies including USFWS,
the Florida Department of Environmental Protection, the National Marine Sanctuary, and
relevant state and national parks.
• State and federal agencies must be given a meaningful opportunity to respond before any
exemption is granted.
• If objections are filed by property owners within 300 feet, a higher standard of approval
shall apply (e.g., unanimous BOCC vote upon a finding that no public nuisance will
result).
Permanent Uses:
Last Stand's position is that permanent uses exemptions should not be authorized on
conservation lands,with permanent uses defined as any proposed use in excess of the time
limit covered by the temporary use exemption. If the BOCC proceeds with authorizing
permanent uses, Last Stand recommends the following:
General
• Permanent uses shall be defined as any proposed use in excess of the time limit covered
by the temporary use exception.
• Uses restricted to uses already listed as permitted or conditional uses in the Conservation
District.
• Exemptions shall apply to only public necessities by public agencies, not "public interest"
projects; local government entities may not request exemptions on behalf of private
parties.
• Clarify meaning and provide example of"extreme hardship"
Habitat and Restoration
• Critical habitat and habitat for threatened or endangered species including recently
listed species not yet addressed in the County Code or Biological Opinion shall be
categorically excluded from any exemption.
• A pre-use species survey shall be required for all applications.
• Heightened scrutiny shall be given to habitats with elevated wildfire risk.
• The phrases "to the maximum extent practicable" and "minimized" should be eliminated.
• Responsibility for restoration shall be expressly assigned to both the requestor and theor
licensee, with a defined timeline for completion.
• An environmental performance bond shall be held in escrow prior to the commencement
of any authorized use.
• Full mitigation shall be required, not merely mitigation"consistent with" the Land
Development Code.
Public Notice and Participation
• Public notice must be provided to residents within one mile of the subject parcel,
registered interested parties, and relevant state and federal agencies including USFWS,
the Florida Department of Environmental Protection, the National Marine Sanctuary, and
relevant state and national parks.
• State and federal agencies must be given a meaningful opportunity to respond before any
exemption is granted.
• If objections are filed by property owners within 300 feet, a higher standard of approval
shall apply (e.g., unanimous BOCC vote upon a finding that no public nuisance will
result).
Liz Yongue
From: Hunt-Kacey <Hunt-Kacey@MonroeCounty-FL.Gov>
Sent: Wednesday, April 15, 2026 3:58 PM
To: Liz Yongue
Subject: FW: County Conservation Land Use Ordinance Amendment
Follow Up Flag: Follow up
Flag Status: Completed
Hi Liz,
One more for the record, for agenda item U9.
Kacey Hunt, Executive Assistant
Michelle Lincoln
Mayor
Monroe County, District 2
7280 Overseas Hwy,#2
Marathon, FL 33050
Courier Stop#14A
(305) 292-4512
Monroe County, Florida
"The Florida Keys"
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 SUBJECTTO PUBLIC DISCLOSURE.
-----Original Message-----
From:valerie preziosi <valerie@oceani.com>
Sent:Wednesday,April 15, 2026 3:56 PM
To: Cates-Craig<Cates-Craig@ Mon roeCou nty-FL.Gov>; BOCCDIS2<boccdis2@monroecounty-fl.gov>; BOCCDIS4
<BOCCDIS4@ Mon roeCounty-FL.Gov>; BOCCDIS3<BOCCDIS3@ Mon roeCounty-FL.Gov>; BOCCDIS5
<BOCCDIS5@ Mon roeCou nty-FL.Gov>
Cc: Hunt-Kacey<H u nt-Kacey@ Mon roeCou nty-FL.Gov>;Jordan Mannix-Lachner<jmannixlachner@keyslaststand.org>;
Stuart Schaffer<sschaffer@ keys laststand.org>
Subject: Re: County Conservation Land Use Ordinance Amendment
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Thank you for the opportunity to address your meeting. I appreciate your commitment to open dialogue and community
input.
1
Unfortunately, I was not given the chance to respond as the discussion moved forward after I spoke. I want to clarify that
my request is straightforward: please include a clear prohibition on commercial ventures within County conservation
lands. Of course, essential infrastructure needs such as utilities will always require thoughtful exceptions. However,
permitting large-scale commercial activities such as major film productions undermines the purpose of conservation and
sets a troubling precedent. I urge you to safeguard these lands by explicitly restricting such uses.
Respectfully,
Valerie Preziosi
Save Our Key Deer
2
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