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5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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8 ORDINANCE NO. 012 -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 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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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 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_property 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 {)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 0 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 subj ect 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 native
128 habitat, native plants, or native species by lice se a ee eat to be appr-eved by the
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 yeartFef 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 fg) written confirmation that property owners within three hundred feet have been
150 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. 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.
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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 15t •day of. April , 2026.
212
213 :Mayor Michelle Lincoln. Yes
214 Mayor. Pro Tern David Rice Yes :
. , 215 ..,1/40It'04 ' ''' Commissioner Craig Cates Yes
21 :'Commissioner Holly Merrill Raschein Yes
2 .., .404,- 4 Commissioner James K. Scholl Yes
22 %_ _ r' �. ► adok, Clerk BOARD OF COUNTY COMMISSIONERS
221 r�o� OF MONROE COUNTY, FLORIDA •
222 -:. '..:.
.223
224 - . . -I if i
225 By: i „1i By:: )1. 1p. 6; : ,V .
226 As A eputy Clerk Michelle Lincoln,Mayor
227
230 Approved as to legal form and sufficiency: 4 : : •
231
Jen'i-Lee MacLaughlin Digitally signed by Jeni-Lee MacLaughlin
Date:2026.04.14 15.24:00-04 00'
233 . Jeni-Lee MacLaughlin, Assistant County Attorney
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KeysNews.eom
KE , / ,
IZEN
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 H WY
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 ofAffiant)
Affirmed and subscribed before me this 30th day of March 2026
(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)
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keysnews.com Keys Citizen.Weekend Edition SATURDAY,MARCH 28-SUNDAY,MARCH 29,2026 PAGE A7
East@r/fmmAl ustdoor Masses in the Stations of the IIII
CrOos Gardenat9:15a.m.a.d10:45a.m.
MAUNDYTHURSDAY hull schedule:stmarykeywest.com
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Aprile2 Southernmost Baptist Church
67511 ith St Key West
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GOOD PRIDAY thechurchfordetails.
April Ea Ater Egg Hunt March 29.Free lunch at MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
St Paul'SEpiscopal 1215 p.ms hum begins at 1 p.m.
401 Duval Street,Key West Easter Cantata,"F'rom Silence to NOTICE OF PUBLIC HEARING
12Noo.(Spoken)and 7 p.m.(Choir)in Son"b Joseph M.Martin,at 11 a.m.
Parish all g y ' NOTICE OF CHANGE TO MONROE COUNTY CODE OF
Easter Sunday.Performed by the church
Key west United Methodist church choir,directed by Jordan Sommer.Free; ORDINANCES
600 Eaton St,Key West donationsaccepted.
A dramatic presematio.retelling Jesus• More information:keywesmmchurch.org APRIL 15,2026
journey to the cross will include music
by Chip Hendricks and the church choir, CHURCHES THROUGHOUT NOTICE IS HEREBY GIVEN thaton Wed,Mq,,April 15,2026,the Monroe County Boars M County Commissioners will hold
directed by Jordan Sommer. THE FLORIDA KEYS upublic hearing,beginning rSOOAM.The BOcemeedngwlu be held In hyvidfi—E,al-a Ne prblC rvdeliher via
Glad TidingsTbernacle Ke Lae o or,Weimar v In person.the ln-person m,-S,lll be held,[Ne Marathon Government Center,I—W at E98 O,Um
y g Highxay Mara than,PC IT,fid lowing I—ill beoonsldered at PIT,PUBLIC HEARING:
1209 United St.,Key West St.J Usti.Martyr Catholic Church,
Service at 10:30 a.m. 105500(Overseas Highway PUBLIC HEARINGS:CORM11,as soantheresfler asmay be heard):
SUNRISE SERVICE Key Largo Baptist Church,835 Largo AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING CHAPTER 2,AGTICILVII MONROE
Road COUNTY CONSERVATION LANDS,SECTIONS2-426(1)IHHGUGH2-426t2)IG ADD DEHNITIGNS TOR"EXTREME"HARDSHIP,PUBLIC
April 5 San Pedro Catholic Church,89500 MAVCONSIDERA TEMPORARY ORNPERMNENT USE OF CONSERVATION LANDSSBYVATCH PROVIDED SUCH USE MEETS REQUIRDOP COUNTY REDCONDITIERS
ONS
Unity ofthe Keys Overseas Highway,Tavernier AND 6APPROVIL BYSUPER MAIORIIYVOTE OR'THEBOARD,PROVIDING TOR CONDUCTS,PROVIDING TOR SEVLRABILUY,,PROVIDING
Smathers Beach,entrance No.7 Marathon TOR IN CORPORATION IWO THE MONROE COUNTY CODE OP ORDINANCES AND PROVIDING TOR TRANSMITTAL AND ANITTEL'TIVE
630 a.m. San Pablo Catholic Church,550122nd DATE
The beachside s ry cefeatures music, Street,Marathon,IT, PLease visit me Monroe aunty Websi.at—arl fl.gov mr meegng agenda updates aM ithaRe oo
meditation and readings at sunrise. Kirk ofthe Keys Presbyterian Church, regardhM the ved.usoptio..availanLemthe puelismviewthe live meehngaodrarm make public sommentsonceuai.
Attendees are encouraged to bring 88110 tsHgh Marathon,FL age,M.lama
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FASTER SUNDAY avid Pueu"n,h h,eap�elismhehas, bebmrecord oYthe c—diYV,.ad,,wNcnrecoNincludesMY testimony&
BEYOND WORSHIP:EASTER ACTIVITIES
April5 10 addition to church services,the AN ASSISTANCE hyoo are a person with a smbikty whe needs special ecce oItions inerder to participate at
Glad Tidings Tabernacle ar. praxeding,pleaseronlM N*aaoAdminimerors OMire,byphenimJ(ITS)1.—,,between&e haws ei8:30a.m.
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1209U.it 10:30 Key West friendly activities during Easter weekend,
Service at 10:30 a.m.No evening service. including community gatherings and ROOM.anenB
Peace Covenant Presbyterian Church Seasomil events.
(PCUSA) For those looking to extend the day;
2610 Hag l A KeyW t all at d gh tdN KVy
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Keys Viney rd Church Options include t t..expert v4
100 County Road Big P eKey .rolled lagoons and guided at urs s LB
Services at 8 a.m.,9:30 a.m.and l l a.m. to observe dolphins in the wild.Many h
The BasillcaofSaintMary Starofthe Sea programs also include snorkeling,
1010 Windsor Lane,Key West educational components and opportunities
Masses at 7:30 a.m.,9 a.m.and 1030 a.m. to learn about marine conservation.
Spanish Mass at 1230 p.m.;Haitian
Creole Mass at 7 p.m. katri..au,h.k@kzran,e.eo.r
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The Key Largo Wastewater Treatment District's
Board of Commissioners is soliciting resumes
to fill a vacancy on the Board of Commissioners.
Resumes should include contact information 001
including telephone number and email address.
The term of office will expire in November 2026.
Individuals must be a registered elector,residing
within the boundaries of the District which include
the territory consisting of Key Largo,extending
from east of Tavernier Creek,up to and including
Cross Key, IN Now
Resumes must be submitted no later than 5:00 text.NO
PM on Wednesday,April 1,2026.The Board of
Commissioners will consider all resumes at a
public meeting scheduled to begin at 4:00 PM NO ca 11 .
on Tuesday,April 7,2026.Note that all resumes
are public records and subject to public records IING
I
requests.Resumes may be submitted by mail or in k
person to the District's administrative office located 1s wortill losing a life.over,
at 103355 Overseas Highway,Key Largo,Florida,
33037 or by email to clerk@klwtd.com fd.4,N i.Qy . a.,;TrVPufiflbtrm,.T "
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FLORIDA LEGAL NOTICES
L 01!I[`''r,ll,! 0 r1!I[`''r,°/T ff I[`''r„IL II,;I(`''r, 1!AVAILABLE ONLINE IN
%,lJ,f J1!I['''Ar
PUBLTc N0T'ICES Thousands of legal notice advertisements published weekly
online in one convenient,searchable database—and at no added
�!/,SO FLOR L DAPUBLL C h70TiCES COM
cost to taxpayers,local government,or attorneys.
If yours are missing,contact membership@flpress.com or your
local newspaper.
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
April 21, 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 Ordinance 012-2026 by the Monroe County Board of County
Commissioners amending the County's Code of Ordinances, by amending Sections 2-426(1) and
2-426(2) of the Monroe County Code of Ordinances, Monroe County Conservation Lands;
providing for conflicts; providing for severability;providing for codification; and providing for
transmittal and an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on April 15, 2026. Should you have any questions
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Liz Yongue, Deputy Clerk
cc: County Administrator
County Attorney
MuniCode
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FLORIDA DEPARTMENT Of$ ATE
u 7i
RON DESANTIS CORD BYRD
Governor Secretary of State
April 21, 2026
Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Kevin Madok,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 012-2026, which was filed in this office on April 21,
2026.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270