HomeMy WebLinkAboutItem M01 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
James K. Scholl,District 3
- Holly Merrill Raschein,District 5
Regular Meeting
June 10, 2026
Agenda Item Number: MI
26-32174
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin
AGENDA ITEM WORDING:
Staff Presentation and Approval of a Resolution by the Monroe County Board of County
Commissioners Confirming the Acceptance of or Receipt of New Residential Dwelling Unit Building
Permit Applications Beyond June 12, 2026, 30 Days Prior to the July 13, 2026, Quarterly ROGO
Allocation Closure, Deferring the Acceptance of Market Rate and Affordable ROGO Applications
Until a New ROGO Allocation Period, Confirming the Acceptance of or Receipt of Administrative
Relief Applications Received After July 13, 2026; Confirming the Acceptance of or Receipt of New
Nonresidential Building Permit Applications, and Confirming the Acceptance or Receipt of NROGO
Applications for Allocation by way of the NROGO Bank.
ITEM BACKGROUND:
The unincorporated Florida Keys constitute a countywide State designated Area of Critical State
Concern("Florida Keys ACSC"), as established by and through Rule 28-29.002, Florida
Administrative Code, and Sections 380.05 and 380.0552, Florida Statutes.
The enabling legislation for the designation of areas of critical state concern provide and hold as
follows: "An area of critical state concern may be designated only for: An area containing, or having a
significant impact upon, environmental or natural resources of. . . statewide significance. . . . the
uncontrolled private or public development of which would cause substantial deterioration of such
resources."Fla. Stat. § 380.05(2)(a);.
As a result of the 2025 legislative session, Section 380.0552(9)(a)2., F.S., was amended through
Senate Bill 180 (SB 180), which extended the hurricane evacuation time from 24 to 24.5 hours and
Section 22., Ch. 2025-190 LOF was amended, which required FloridaCommerce to conduct baseline
modeling scenarios and gather data in order to determine a number of building permit allocations to be
distributed in the Florida Keys Area based upon the hurricane evacuation clearance time provided in
Section 380.0552(9)(a)2., F.S. (24.5 hours).
On December 17, 2025, the Florida Cabinet, sitting as the Administration Commission, met to
authorize additional building permit allocations to Key West and the Florida Keys Area of Critical
State Concern,pursuant to Section 22, Chapter 2025-190, Laws of Florida and updated hurricane
evacuation modelling. The Administration Commission provided that the County's portion of the 900
was a total of 657 allocations.
Monroe County Land Development Code Section 138-19 provides the following relevant definitions:
■ Allocation period means a defined period of time within which applications for the
residential ROGO allocation will be accepted and processed.
■ Annual allocation period means the 12-month period beginning on July 13, 1992, (the
effective date of the original dwelling unit allocation ordinance), and subsequent one-
year periods.
■ Annual residential ROGO allocation means the maximum number of dwelling units for
which building permits may be issued during an annual allocation period.
■ Quarterly allocation period means the three-month period beginning on July 13, 1992,
or such other date as the board may specify, and successive three-month periods.
■ Quarterly residential ROGO allocation means the maximum number of residential
dwelling units for which building permits may be issued in a quarterly allocation
period.
Monroe County Land Development Code Section 138-47 provides the following relevant definitions:
■ Annual allocation period means the 12-month period beginning on July 14, 2001, and
subsequent one-year periods that is used to determine the amount of nonresidential
floor area to be allocated based on the number of ROGO allocations to be issued in the
upcoming ROGO year.
■ Annual nonresidential ROGO allocation, also referred to as an annual NROGO
allocation,means the maximum floor area that may be allocated during an annual
allocation period.
■ Nonresidential ROGO allocation, also referred to as NROGO allocation, means the
maximum amount of nonresidential floor area which may be allocated in a given time
period.
■ Nonresidential ROGO allocation award, also referred to as NROGO allocation award,
means the approval of a nonresidential ROGO application prior to the application and
subsequent issuance of a building permit to authorize construction of new
nonresidential floor area.
■ Nonresidential ROGO bank, also referred to as NROGO bank, means the cumulative
total of a) NROGO allocations that were not awarded and thereby not allocated due to
a lack of demand, b) nonresidential floor area not made available for the annual
■ NROGO allocation by the BOCC; and c) allocated nonresidential
floor area reclaimed due to the abandonment or expiration of approved development
that received an NROGO allocation award.
■ Nonresidential ROGO bank account, also referred to as NROGO account, means one
of the two accounts that cumulatively establish the NROGO bank. There are two
accounts within the NROGO bank, with each carrying an independent balance of
nonresidential floor area: 1) the Big Pine/No Name ROGO subarea account; and 2) the
Upper and Lower Keys general (joint) account.
■ Quarterly nonresidential ROGO allocation means the maximum number of amount of
nonresidential floor area square footage which may be allocated in a quarterly
allocation period.
■ Quarterly nonresidential ROGO allocation period means any one of the four periods
within an annual allocation period.
The 2030 Comprehensive Plan and Land Development Code provide for a distribution of market rate,
affordable, and workforce early evacuation allocations through ROGO Year July 13, 2026.
The 2030 Comprehensive Plan and Land Development Cod do not provide for a ROGO allocation
period beyond July 13, 2026.
Land Development Code Section 138-51 states that the NROGO allocation shall be distributed between
the four allocation quarters, which shall be the same dates as those for the residential ROGO.
Monroe County is in the process of amending its Comprehensive Plan and Land Development Code to
accept and be able to distribute the additional 657 ROGO Allocations authorized by Chapter 2023-17,
Laws of Florida,and confirmed by the Administration Commission and the State Land Planning Agency
in December, 2025, in a new allocation period.
Land Development Code Section 138-25(a) states that no approved building permit application
requiring a ROGO allocation award, including applications submitted under privatized plan review as
provided for by Chapter 553, F.S., shall be accepted for the entry into the ROGO system under this
chapter,unless the building pen-nit application is submitted to the Building Department at least 30 days
prior to the end of the allocation period appropriate for the application. A submission 30 days prior does
not guarantee that it will be eligible to enter ROGO that quarter if it has not passed all required reviews.
Land Development Code Section 138-25(b) states that in each quarterly allocation period, the Planning
and Environmental Resources Department shall accept applications to enter the residential ROGO
system. Except for allocations to be reserved and awarded under Section 138-24(b), the ROGO
application must be accompanied by an approved building permit application in order to be considered
in the current allocation period.
Land Development Code Section 138-52 states that no approved building permit application requiring
an NROGO allocation award,including applications submitted under privatized plan review as provided
for by Chapter 553, F.S., shall be accepted for the entry into the NROGO system under this chapter,
unless the building permit application is submitted to the Building Department at least 30 days prior to
the end of the allocation period appropriate for the application.
Land Development Code Section 138-52 states that The Planning and Environmental Resources
Department shall accept applications to enter the NROGO system. The NROGO application must be
accompanied by an approved building permit application in order to be considered.
Land Development Code Section 138-52(o) states that the Planning and Environmental Resources
Department shall maintain a record of NROGO allocations that were not awarded in annual NROGO
allocation periods. This shall be known as the NROGO bank.
Land Development Code Section 138-53 states that allocations by way of the NROGO bank shall only
be awarded four times per NROGO year, on the same public hearing dates in which annual NROGO
allocations are awarded per Section 138-53(b). Such allocations shall be awarded pursuant to
subsections (e)(2) through(e)(12).
As of May 27, 2026, the NROGO bank account balance is as follows:
NROGO Year 34 Bank Account Balances
NROGO BANK
Subarea Bank Accounts Year 34 General
(rollover from Year 33 Bank (1. Joint
Lower & Upper
and 2. Bi,-Pine/No
Name) Total
Big Pine Kev
and No Name 31,913 31,913 SF*
Key subarea
Upper
Lower 44,533 802,437 SF*
Totals 76,446 834,350 SF*
*Includes NROGO SF from expired allocation awards or
corrections.
There is a need for the Monroe County Board of County Commissioners to clarify the adjusted process
for applications submitted between the ROGO Annual Allocation Period that closes on July 13, 2026
and the future ROGO Annual Allocation Period that will open upon the effectiveness of the relevant
Comprehensive Plan and Land Development Code amendments.
PREVIOUS RELEVANT BOCC ACTION:
On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
which included a ROGO allocation distribution through the year 2023,based on Rule 28-20.140,
F.A.C., and the Department of Economic Opportunity's completion of the hurricane evacuation
clearance time modeling task that found with 10 years' worth of building permits, the Florida Keys
would be at a 24 hour evacuation clearance time (Phase 2 of the 48-hr phased/staged evacuation).
On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
for an additional three (3)years from 2023 to 2026.
On February 19, 2020, the BOCC discussed whether to direct staff to process a comprehensive plan
and land development code amendment to: 1) move a portion of the 378 remaining Market Rate - Rate
of Growth Ordinance (ROGO)units through 2026 to the Affordable Housing allocation pool and/or 2)
accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO)
required to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the
potential shifting of market rate allocations to the affordable housing pool but did direct staff to start
the process to accept the 300 workforce housing units.
On April 21, 2021, the BOCC adopted Ordinances 2021-005 and 2021-006 authorizing the acceptance
of the 300 early evacuation allocations from the State and to allow said allocations be used in
exchange for existing affordable units/ approved affordable allocations. Additionally, the Ordinance
includes provisions that allow the returned affordable units/allocations to be banked to resolve
potential takings cases.
At the September 11, 2024, BOCC meeting, the BOCC additionally directed Planning &
Environmental Resources Department professional staff to begin processing Comprehensive Plan and
Land Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act
liability reduction exchange requirement for the remaining 214 early evacuation unit building permit
allocations.
At the December 11, 2024 BOCC Meeting, the BOCC adopted Ordinance 030-2024 which created a
site-specific subarea within Tavernier that permits Cemex Construction Materials Florida LLC (f/k/a
Singletary Concrete Products Inc.) to use 86 early evacuation unit building permit allocations on one
site in Tavernier without meeting the requirement of the 1-for-1 takings and Bert Harris Act liability
reduction exchange required by the current Comprehensive Plan and Land Development Code.
At the April 16, 2025, BOCC Meeting, the BOCC adopted Resolution 168-2025 to transmit the
proposed amendments to FloridaCommerce to modify policies related to the 300 affordable workforce
early evacuation units to eliminate the 1-for-1 exchange for the remaining 300 workforce affordable
housing early evacuation unit building permit allocations. On August 20, 2025, the BOCC adopted
Ordinances No. 018-2025 and 019-2025, which were to amend the County's Comprehensive Plan and
Land Development Code in order to modify the requirements related to the remainder of the County's
300 early evacuation unit building permit allocations. The amendments were to remove the existing 1-
for-1 exchange requirement and allow direct distribution of the allocations for development of
affordable workforce housing On November 4, 2025, FloridaCommerce issued the attached letter,
which alleges Monroe County Ordinance No. 018-2025 is "more restrictive or burdensome making it
null and void ab initio pursuant to Section 28 of Chapter 2025-190, L.O.F."
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Adoption of the Resolution.
DOCUMENTATION:
Draft Resolution
FINANCIAL IMPACT:
N/A
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
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6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. - 2026
11
12 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS CONFIRMING THE ACCEPTANCE OF OR RECEIPT OF
14 NEW RESIDENTIAL DWELLING UNIT BUILDING PERMIT APPLICATIONS
15 BEYOND JUNE 129 2026, 30 DAYS PRIOR TO THE JULY 13, 2026
16 QUARTERLY ROGO CLOSURE; DEFERRING THE ACCEPTANCE OF
17 MARKET RATE AND AFFORDABLE ROGO APPLICATIONS UNTIL A NEW
18 ROGO ALLOCATION PERIOD; CONFIRMING THE ACCEPTANCE OF OR
19 RECEIPT OF ADMINISTRATIVE RELIEF APPLICATIONS RECEIVED
20 AFTER JULY 13, 2026; CONFIRMING THE ACCEPTANCE OF OR RECEIPT
21 OF NEW NONRESIDENTIAL BUILDING PERMIT APPLICATIONS ; AND
22 CONFIRMING THE ACCEPTANCE OF OR RECEIPT OF NROGO
23 APPLICATIONS FOR ALLOCATION BY WAY OF THE NROGO BANK.
24
25
26 WHEREAS, the unincorporated Florida Keys constitute a countywide State-
27 designated Area of Critical State Concern ("Florida Keys ACSC"), as established by and
28 through Rule 28-29.002, Florida Administrative Code, and Sections 380.05 and
29 380.0552,Florida Statutes; and
30
31 WHEREAS, the enabling legislation for the designation of areas of critical state
32 concern provide and hold as follows: "An area of critical state concern may be designated
33 only for: An area containing, or having a significant impact upon, environmental or
34 natural resources of. . . statewide significance. . . . the uncontrolled private or public
35 development of which would cause substantial deterioration of such resources."Fla. Stat.
36 § 380.05(2)(a); and
37
38 WHEREAS, as a result of the 2025 legislative session, Section
39 380.0552(9)(a)(2.), Florida Statutes, was amended through Senate Bill 180, which
40 extended the hurricane evacuation time from 24 to 24.5 hours and Section 22., Ch. 2025-
41 190 Laws of Florida("L.O.F.") was amended, which required the Florida Department of
42 Commerce to conduct baseline modeling scenarios and gather data in order to determine
43 a number of building permit allocations to be distributed in the Florida Keys Area based
44 upon the hurricane evacuation clearance time provided in Section 380.0552(9)(a)(2.),
45 Florida Statutes (24.5 hours); and
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46 WHEREAS, on December 17, 2025, the Florida Cabinet, sitting as the State
47 Administration Commission, met to authorize additional building permit allocations to
48 Key West and the Florida Keys Area of Critical State Concern,pursuant to Section 22,
49 Chapter 2025-190, L.O.F. and updated hurricane evacuation modelling. The
50 Administration Commission provided that the County's portion of the 900 was a total of
51 657 allocations; and
52
53 WHEREAS, Monroe County Land Development Code ("LDC") Section 138-19
54 provides the following salient definitions:
55
56 Allocation period means a defined period of time within which applications for
57 the residential ROGO allocation will be accepted and processed.
58
59 Annual allocation period means the 12-month period beginning on July 13, 1992,
60 (the effective date of the original dwelling unit allocation ordinance), and
61 subsequent one-year periods.
62
63 Annual residential ROGO allocation means the maximum number of dwelling
64 units for which building permits may be issued during an annual allocation
65 period.
66
67 Quarterly allocation period means the three-month period beginning on July 13,
68 1992, or such other date as the board may specify, and successive three-month
69 periods.
70
71 Quarterly residential ROGO allocation means the maximum number of
72 residential dwelling units for which building permits may be issued in a quarterly
73 allocation period.
74
75 WHEREAS, Monroe County LDC Section 138-47 provides the following salient
76 definitions:
77
78 Annual allocation period means the 12-month period beginning on July 14, 2001,
79 and subsequent one-year periods that is used to determine the amount of
80 nonresidential floor area to be allocated based on the number of ROGO
81 allocations to be issued in the upcoming ROGO year.
82
83 Annual nonresidential ROGO allocation, also referred to as an annual NROGO
84 allocation, means the maximum floor area that may be allocated during an annual
85 allocation period.
86
87 Nonresidential ROGO allocation, also referred to as NROGO allocation, means
88 the maximum amount of nonresidential floor area which may be allocated in a
89 given time period.
90
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91 Nonresidential ROGO allocation award, also referred to as NROGO allocation
92 award, means the approval of a nonresidential ROGO application prior to the
93 application and subsequent issuance of a building permit to authorize construction
94 of new nonresidential floor area.
95
96 Nonresidential ROGO bank, also referred to as NROGO bank,means the
97 cumulative total of a)NROGO allocations that were not awarded and thereby not
98 allocated due to a lack of demand, b)nonresidential floor area not made available
99 for the annual NROGO allocation by the BOCC; and c) allocated nonresidential
100 floor area reclaimed due to the abandonment or expiration of approved
101 development that received an NROGO allocation award.
102
103 Nonresidential ROGO bank account, also referred to as NROGO account, means
104 one of the two accounts that cumulatively establish the NROGO bank. There are
105 two accounts within the NROGO bank, with each carrying an independent
106 balance of nonresidential floor area: 1) the Big Pine/No Name ROGO subarea
107 account; and 2) the Upper and Lower Keys general (joint) account.
108
109 Quarterly nonresidential ROGO allocation means the maximum number of
110 amount of nonresidential floor area square footage which may be allocated in a
111 quarterly allocation period.
112
113 Quarterly nonresidential ROGO allocation period means any one of the four
114 periods within an annual allocation period.
115
116 WHEREAS, the Monroe County Comprehensive Plan and Land Development
117 Code provide for a distribution of market rate, affordable, and workforce early evacuation
118 allocations through ROGO Year July 13, 2026; and
119
120 WHEREAS, the Monroe County Comprehensive Plan and Land Development
121 Code do not provide for a ROGO allocation period beyond July 13, 2026; and
122
123 WHEREAS, LDC Section 138-51 states that the NROGO allocation shall be
124 distributed between the four allocation quarters, which shall be the same dates as those
125 for the residential ROGO; and
126
127 WHEREAS, Monroe County is in the process of amending its Comprehensive
128 Plan and Land Development Code to accept and be able to distribute the additional 657
129 ROGO Allocations authorized by Chapter 2023-17, L.O.F., and confirmed by the
130 Administration Commission and the State Land Planning Agency in December 2025, in a
131 new allocation period; and
132
133 WHEREAS, LDC Section 138-25(a) states that no approved building permit
134 application requiring a ROGO allocation award, including applications submitted under
135 privatized plan review as provided for by Chapter 553, Florida Statutes, shall be accepted
136 for the entry into the ROGO system under this chapter, unless the building permit
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137 application is submitted to the Building Department at least 30 days prior to the end of
138 the allocation period appropriate for the application. A submission 30 days prior does not
139 guarantee that it will be eligible to enter ROGO that quarter if it has not passed all
140 required reviews; and
141
142 WHEREAS, LDC Section 138-25(b) states that in each quarterly allocation
143 period, the Monroe County Planning and Environmental Resources Department shall
144 accept applications to enter the residential ROGO system. Except for allocations to be
145 reserved and awarded under LDC Section 138-24(b), the ROGO application must be
146 accompanied by an approved building permit application in order to be considered in the
147 current allocation period; and
148
149 WHEREAS, LDC Section 138-52 states that no approved building permit
150 application requiring an NROGO allocation award, including applications submitted
151 under privatized plan review as provided for by Chapter 553, Florida Statutes, shall be
152 accepted for the entry into the NROGO system under this chapter, unless the building
153 permit application is submitted to the Building Department at least 30 days prior to the
154 end of the allocation period appropriate for the application.; and
155
156 WHEREAS, LDC Section 138-52 states that the Monroe County Planning and
157 Environmental Resources Department shall accept applications to enter the NROGO
158 system. The NROGO application must be accompanied by an approved building permit
159 application in order to be considered; and
160
161 WHEREAS, LDC Section 138-52(o) states that the Monroe County Planning and
162 Environmental Resources Department shall maintain a record of NROGO allocations that
163 were not awarded in annual NROGO allocation periods. This shall be known as the
164 NROGO bank; and
165
166 WHEREAS, LDC Section 138-53 states that allocations by way of the NROGO
167 bank shall only be awarded four times per NROGO year, on the same public hearing
168 dates in which annual NROGO allocations are awarded per LDC Section 138-53(b). Such
169 allocations shall be awarded pursuant to subsections (e)(2)through(e)(12); and
170
171 WHEREAS, as of May 27, 2026, the NROGO bank account balance is as
172 follows:
173
NROGO Year 34 Bank Account Balances
NROGO BANK
Subarea Bank Accounts Year 34 General
(rollover from Year 33 Bank(1. Joint Lower
& Upper and 2. Bip
Pine/No Name) Total
Bip Pine Key
and No Name 31,913 31,913 SF*
Key subarea
4of8
Upper
Lower 44,533 802,437 SF*
Totals 76,446 834,350 SF*
*Includes NROGO SF from expired allocation awards or corrections.
174
175
176 WHEREAS, there is a need for the Monroe County Board of County
177 Commissioners to clarify the adjusted process for applications submitted between the
178 ROGO Annual Allocation Period that closes on July 13, 2026, and the future ROGO
179 Annual Allocation Period that will open upon the effectiveness of the relevant
180 Comprehensive Plan and Land Development Code amendments;
181
182 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
183 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
184
185 Section 1. Recitals. The foregoing recitals, findings of fact and conclusions of law
186 are true and correct and are hereby incorporated as if fully stated herein.
187
188 Section 2. The processing of certain applications submitted between the ROGO
189 Annual Allocation Period that closes on July 13, 2026 and the future
190 ROGO Annual Allocation Period that will open following the
191 effectiveness of relevant amendments to the Comprehensive Plan and
192 Land Development Code shall be adjusted as follows:
193
194 a) ROGO Applications are unable to be accepted outside of a ROGO
195 Allocation period. Following the closure of the current ROGO
196 Allocation period on July 13, 2026, ROGO Applications will be
197 unable to be accepted until a new ROGO Allocation period has
198 commenced.
199 b) No Revisions of ROGO Applications will be received or accepted
200 following July 13, 2026.
201 c) ROGO Awards for market rate and/or affordable allocations for
202 ROGO Year 34, Quarter 4 will be considered and approved by the
203 Planning Commission, as per normal distribution schedule.
204 d) No ROGO Awards for market rate and/or affordable allocations will
205 be considered or approved until the Comprehensive Plan and Land
206 Development Code are amended so as to provide for additional
207 ROGO Allocation Periods to be able to award and distribute the
208 additional 657 ROGO Allocations authorized by Chapter 2023-17,
209 Laws of Florida, and confirmed by the Administration Commission
210 and the State Land Planning Agency in December, 2025.
211 e) Property owners may continue to submit Building Permit
212 applications for new dwelling units after June 12, 2026. Approved
213 building permit applications for new residential dwelling units will
214 be held until the commencement of a new ROGO Allocation period.
215 However, in the event that the Florida Building Code and/or a
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216 FEMA flood insurance rate map (FIRM) is amended during the
217 interim period, if necessary, the applicant shall submit plan revisions
218 to the building permit application demonstrating full compliance
219 with the current Florida Building Code and the adopted FIRM in
220 effect.
221 f) Building permit applications that are reviewed during the time
222 between ROGO allocation periods and determined to be "ready"to
223 submit a ROGO application shall be given 180 days following
224 commencement of the next ROGO Allocation period to submit the
225 ROGO application. If no ROGO application is submitted within this
226 timeframe, the building permit application is subject to expiration
227 unless an extension is obtained from the Building Official.
228 g) Building permit applications for which the deadline to submit a
229 ROGO application falls between ROGO Allocation periods will be
230 given a new deadline of 180 days following commencement of the
231 next ROGO Allocation period to submit the ROGO application.
232 h) Consistent with Monroe County Land Development Code 138-
233 24(a)(2) and (b), affordable and workforce early evacuation ROGO
234 Allocations shall continue to be available through BOCC
235 reservation.
236 i) Current,previously submitted and accepted ROGO Applications
237 shall continue to accrue perseverance points during the interim
238 period,per the adopted rate of accrual for each particular application.
239 j) Applicant's whom are eligible for administrative relief within 180
240 days of the closure of the ROGO quarterly allocation period which
241 ends on July 13, 2026 may submit their application for
242 administrative relief. However, any ROGO allocations granted
243 through administrative relief will be unavailable to be allocated for
244 award until the closure of the next allocation period, which is
245 anticipated to occur in January, 2028.
246 k) Following July 13, 2026, Monroe County will not be within a
247 quarterly ROGO allocation period until the relevant Comprehensive
248 Plan and Land Development Code text amendments are adopted and
249 effective. The time between allocation periods is unable to be
250 counted toward the eligibility criteria for administrative relief
251 provided in LDC Section 138-27(a).
252 1) Applications for nonresidential floor area by way of the NROGO
253 bank may continue to be accepted and allocated by the Planning
254 Commission quarterly consistent with LDC Section 138-53(e).
255
256 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or
257 ambiguities, within this Resolution or between this Resolution and the
258 Monroe County Code of Ordinances, Florida Building Code, Monroe
259 County Land Development Code, Monroe County Comprehensive Plan, or
260 any other approval of the Monroe County Board of County
261 Commissioners, Monroe County Planning Commission, Monroe County
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262 Development Review Committee, Monroe County Planning &
263 Environmental Resources Department, or other department or office of
264 Monroe County, the more restrictive rule, regulation, law, provision, and
265 text shall always apply.
266
267 Section 4. Subject to Section 3. above, the interpretation of this Resolution and all
268 provisions of the Monroe County Comprehensive Plan, Florida Building
269 Code, Monroe County Codes, Florida Statutes, and floodplain
270 management regulations whose interpretation arise out of, relate to, or are
271 interpreted in connection with this Resolution, shall be liberally construed
272 and enforced in favor of Monroe County, and such interpretation shall be
273 entitled to great weight in adversarial administrative proceedings, at trial,
274 in banlu-uptcy, and on appeal.
275
276 Section 5. No Liability. Monroe County expressly reserves and in no way shall be
277 deemed to have waived, for itself or for its officer(s), employee(s), or
278 agent(s), any sovereign, governmental, and any other similar defense,
279 immunity, exemption, or protection against any suit, cause-of-action,
280 demand, or liability.
281
282 Section 6. Temporary Nature of Resolution. This resolution is temporary and
283 shall automatically expire after 730 days' passage following the passing
284 of this Resolution or shall automatically expire when all above-referenced
285 forthcoming Land Development Code and Comprehensive Plan
286 amendments have been fully and finally adopted, whichever occurs first.
287
288 Section 7. The Monroe County Board of County Commissioners finds and concludes
289 that approval of this resolution in fact and law will benefit the health,
290 safety, and welfare of the public at large.
291
292 Section 8. Inconsistency, Partial Invalidity, Severability, and Survival of
293 Provisions. If any provision of this Resolution, or part or any portion
294 thereof, is held to be invalid or unenforceable in or by any administrative
295 hearing officer or court of competent jurisdiction, the invalidity or
296 unenforceability of such provision, or any part or portion thereof, shall
297 neither limit nor impair the operation, enforceability, or validity of any
298 other provision of this Resolution, or any remaining part(s) and/or
299 portion(s) thereof. All other provisions of this Resolution, and remaining
300 part(s) and/or portion(s) thereof, shall continue unimpaired in full force
301 and effect.
302
303 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
304 County, Florida, at a regular public meeting held this 1 Ot" day of June, 2026.
305
306 Mayor Michelle Lincoln, District 2
307 Mayor Pro Tem David Rice, District 4
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308 Commissioner Craig Cates, District 1
309 Commissioner Jim Scholl, District 3
310 Commissioner Holly Merrill Raschein, District 5
311
312
313
314 By:
315 Mayor Michelle Lincoln
316
317 (SEAL)
318
319
320 ATTEST: KEVE4 MADOK, CLERK
321 MONROE COUNTY ATTORNEY
322 Ap Ds T0,FO�t
323
324 AS DEPUTY CLERK
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COUNTY Nr11�,Y �� ����� m� � ^ BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem David Rice,District 4
Craig Cates,District 1
James K.Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
June 10, 2026
Agenda Item Number: {{section.number}}{{item.number}}
26-32174
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin
AGENDA ITEM WORDING:
Staff Presentation and Approval of a Resolution by the Monroe County Board of County
Commissioners Confirming the Acceptance of or Receipt of New Residential Dwelling Unit Building
Permit Applications Beyond June 12, 2026, 30 Days Prior to the July 13, 2026, Quarterly ROGO
Allocation Closure, Deferring the Acceptance of Market Rate and Affordable ROGO Applications
Until a New ROGO Allocation Period, Confirming the Acceptance of or Receipt of Administrative
Relief Applications Received After July 13, 2026; Confirming the Acceptance of or Receipt of New
Nonresidential Building Permit Applications, and Confirming the Acceptance or Receipt of NROGO
Applications for Allocation by way of the NROGO Bank.
ITEM BACKGROUND:
The unincorporated Florida Keys constitute a countywide State designated Area of Critical State
Concern ("Florida Keys ACSC"), as established by and through Rule 28-29.002, Florida
Administrative Code, and Sections 380.05 and 380.0552, Florida Statutes.
The enabling legislation for the designation of areas of critical state concern provide and hold as
follows: "An area of critical state concern may be designated only for: An area containing, or having a
significant impact upon, environmental or natural resources of. . . statewide significance. . . . the
uncontrolled private or public development of which would cause substantial deterioration of such
resources." Fla. Stat. § 380.05(2)(a);.
As a result of the 2025 legislative session, Section 380.0552(9)(a)2., F.S., was amended through
Senate Bill 180 (SB 180), which extended the hurricane evacuation time from 24 to 24.5 hours and
Section 22., Ch. 2025-190 LOF was amended, which required FloridaCommerce to conduct baseline
modeling scenarios and gather data in order to determine a number of building permit allocations to be
distributed in the Florida Keys Area based upon the hurricane evacuation clearance time provided in
Section 380.0552(9)(a)2., F.S. (24.5 hours).
On December 17, 2025, the Florida Cabinet, sitting as the Administration Commission, met to
authorize additional building permit allocations to Key West and the Florida Keys Area of Critical
State Concern,pursuant to Section 22, Chapter 2025-190, Laws of Florida and updated hurricane
evacuation modelling. The Administration Commission provided that the County's portion of the 900
was a total of 657 allocations.
Monroe County Land Development Code Section 138-19 provides the following relevant definitions:
■ Allocation period means a defined period of time within which applications for the
residential ROGO allocation will be accepted and processed.
■ Annual allocation period means the 12-month period beginning on July 13, 1992, (the
effective date of the original dwelling unit allocation ordinance), and subsequent one-
year periods.
■ Annual residential ROGO allocation means the maximum number of dwelling units for
which building permits may be issued during an annual allocation period.
■ Quarterly allocation period means the three-month period beginning on July 13, 1992,
or such other date as the board may specify, and successive three-month periods.
■ Quarterly residential ROGO allocation means the maximum number of residential
dwelling units for which building permits may be issued in a quarterly allocation
period.
Monroe County Land Development Code Section 138-47 provides the following relevant definitions:
■ Annual allocation period means the 12-month period beginning on July 14, 2001, and
subsequent one-year periods that is used to determine the amount of nonresidential
floor area to be allocated based on the number of ROGO allocations to be issued in the
upcoming ROGO year.
■ Annual nonresidential ROGO allocation, also referred to as an annual NROGO
allocation, means the maximum floor area that may be allocated during an annual
allocation period.
■ Nonresidential ROGO allocation, also referred to as NROGO allocation, means the
maximum amount of nonresidential floor area which may be allocated in a given time
period.
■ Nonresidential ROGO allocation award, also referred to as NROGO allocation award,
means the approval of a nonresidential ROGO application prior to the application and
subsequent issuance of a building permit to authorize construction of new
nonresidential floor area.
■ Nonresidential ROGO bank, also referred to as NROGO bank, means the cumulative
total of a)NROGO allocations that were not awarded and thereby not allocated due to
a lack of demand, b)nonresidential floor area not made available for the annual
NROGO allocation by the BOCC; and c) allocated nonresidential floor area reclaimed
due to the abandonment or expiration of approved development that received an
NROGO allocation award.
■ Nonresidential ROGO bank account, also referred to as NROGO account, means one
of the two accounts that cumulatively establish the NROGO bank. There are two
accounts within the NROGO bank, with each carrying an independent balance of
nonresidential floor area: 1)the Big Pine/No Name ROGO subarea account; and 2)the
Upper and Lower Keys general (joint) account.
■ Quarterly nonresidential ROGO allocation means the maximum number of amount of
nonresidential floor area square footage which may be allocated in a quarterly
allocation period.
■ Quarterly nonresidential ROGO allocation period means any one of the four periods
within an annual allocation period.
The 2030 Comprehensive Plan and Land Development Code provide for a distribution of market rate,
affordable, and workforce early evacuation allocations through ROGO Year July 13, 2026.
The 2030 Comprehensive Plan and Land Development Cod do not provide for a ROGO allocation
period beyond July 13, 2026.
Land Development Code Section 138-51 states that the NROGO allocation shall be distributed between
the four allocation quarters, which shall be the same dates as those for the residential ROGO.
Monroe County is in the process of amending its Comprehensive Plan and Land Development Code to
accept and be able to distribute the additional 657 ROGO Allocations authorized by Chapter 2023-17,
Laws of Florida,and confirmed by the Administration Commission and the State Land Planning Agency
in December, 2025, in a new allocation period.
Land Development Code Section 138-25(a) states that no approved building permit application
requiring a ROGO allocation award, including applications submitted under privatized plan review as
provided for by Chapter 553, F.S., shall be accepted for the entry into the ROGO system under this
chapter, unless the building permit application is submitted to the Building Department at least 30 days
prior to the end of the allocation period appropriate for the application. A submission 30 days prior does
not guarantee that it will be eligible to enter ROGO that quarter if it has not passed all required reviews.
Land Development Code Section 138-25(b) states that in each quarterly allocation period,the Planning
and Environmental Resources Department shall accept applications to enter the residential ROGO
system. Except for allocations to be reserved and awarded under Section 138-24(b), the ROGO
application must be accompanied by an approved building permit application in order to be considered
in the current allocation period.
Land Development Code Section 138-52 states that no approved building permit application requiring
an NROGO allocation award,including applications submitted under privatized plan review as provided
for by Chapter 553, F.S., shall be accepted for the entry into the NROGO system under this chapter,
unless the building permit application is submitted to the Building Department at least 30 days prior to
the end of the allocation period appropriate for the application.
Land Development Code Section 138-52 states that The Planning and Environmental Resources
Department shall accept applications to enter the NROGO system. The NROGO application must be
accompanied by an approved building permit application in order to be considered.
Land Development Code Section 138-52(o) states that the Planning and Environmental Resources
Department shall maintain a record of NROGO allocations that were not awarded in annual NROGO
allocation periods. This shall be known as the NROGO bank.
Land Development Code Section 138-53 states that allocations by way of the NROGO bank shall only
be awarded four times per NROGO year, on the same public hearing dates in which annual NROGO
allocations are awarded per Section 138-53(b). Such allocations shall be awarded pursuant to
subsections (e)(2)through(e)(12).
As of May 27, 2026, the NROGO bank account balance is as follows:
NROGO Year 34 Bank Account Balances
NROGO BANK
Subarea Bank Accounts Year 34 General
(rollover from Year 33 Bank(1. Joint
Lower& Upper
and 2. Big Pine/No
Name) Total
Big Pine Key
and No Name 31,913 31,913 SF
Key subarea
Upper
Lower 44,533 802,437 SF
Totals 76,446 834,350 SF
*Includes NROGO SF from expired allocation awards or
corrections.
There is a need for the Monroe County Board of County Commissioners to clarify the adjusted process
for applications submitted between the ROGO Annual Allocation Period that closes on July 13, 2026
and the future ROGO Annual Allocation Period that will open upon the effectiveness of the relevant
Comprehensive Plan and Land Development Code amendments.
PREVIOUS RELEVANT BOCC ACTION:
On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
which included a ROGO allocation distribution through the year 2023, based on Rule 28-20.140,
F.A.C., and the Department of Economic Opportunity's completion of the hurricane evacuation
clearance time modeling task that found with 10 years' worth of building permits, the Florida Keys
would be at a 24 hour evacuation clearance time (Phase 2 of the 48-hr phased/staged evacuation).
On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
for an additional three (3)years from 2023 to 2026.
On February 19, 2020, the BOCC discussed whether to direct staff to process a comprehensive plan
and land development code amendment to: 1) move a portion of the 378 remaining Market Rate - Rate
of Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2)
accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO)
required to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the
potential shifting of market rate allocations to the affordable housing pool but did direct staff to start
the process to accept the 300 workforce housing units.
On April 21, 2021, the BOCC adopted Ordinances 2021-005 and 2021-006 authorizing the acceptance
of the 300 early evacuation allocations from the State and to allow said allocations be used in
exchange for existing affordable units/approved affordable allocations. Additionally, the Ordinance
includes provisions that allow the returned affordable units / allocations to be banked to resolve
potential takings cases.
At the September 11, 2024, BOCC meeting, the BOCC additionally directed Planning &
Environmental Resources Department professional staff to begin processing Comprehensive Plan and
Land Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act
liability reduction exchange requirement for the remaining 214 early evacuation unit building permit
allocations.
At the December 11, 2024 BOCC Meeting, the BOCC adopted Ordinance 030-2024 which created a
site-specific subarea within Tavernier that permits Cemex Construction Materials Florida LLC (f/k/a
Singletary Concrete Products Inc.)to use 86 early evacuation unit building permit allocations on one
site in Tavernier without meeting the requirement of the 1-for-1 takings and Bert Harris Act liability
reduction exchange required by the current Comprehensive Plan and Land Development Code.
At the April 16, 2025, BOCC Meeting, the BOCC adopted Resolution 168-2025 to transmit the
proposed amendments to FloridaCommerce to modify policies related to the 300 affordable workforce
early evacuation units to eliminate the 1-for-1 exchange for the remaining 300 workforce affordable
housing early evacuation unit building permit allocations. On August 20, 2025, the BOCC adopted
Ordinances No. 018-2025 and 019-2025, which were to amend the County's Comprehensive Plan and
Land Development Code in order to modify the requirements related to the remainder of the County's
300 early evacuation unit building permit allocations. The amendments were to remove the existing 1-
for-1 exchange requirement and allow direct distribution of the allocations for development of
affordable workforce housing On November 4, 2025, FloridaCommerce issued the attached letter,
which alleges Monroe County Ordinance No. 018-2025 is "more restrictive or burdensome making it
null and void ab initio pursuant to Section 28 of Chapter 2025-190, L.O.F."
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Adoption of the Resolution.
DOCUMENTATION:
Draft Resolution
FINANCIAL IMPACT:
N/A
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
2 �� ICE
3
4
5 v m
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. -2026
11
12 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS CONFIRMING THE ACCEPTANCE OF OR RECEIPT OF
14 NEW RESIDENTIAL DWELLING UNIT BUILDING PERMIT APPLICATIONS
15 BEYOND JLTNE 12, 2026, 30 DAYS PRIOR TO THE JLTLY 13, 2026
16 QUARTERLY ROGO CLOSURE; DEFERRING THE ACCEPTANCE OF
17 MARKET RATE AND AFFORDABLE ROGO APPLICATIONS UNTIL A NEW
18 ROGO ALLOCATION PERIOD; CONFIRMING THE ACCEPTANCE OF OR
19 RECEIPT OF ADMINISTRATIVE RELIEF APPLICATIONS RECEIVED
20 AFTER JLTLY 13, 2026; CONFIRMING THE ACCEPTANCE OF OR RECEIPT
21 OF NEW NONRESIDENTIAL BUILDING PERMIT APPLICATIONS ; AND
22 CONFIRMING THE ACCEPTANCE OF OR RECEIPT OF NROGO
23 APPLICATIONS FOR ALLOCATION BY WAY OF THE NROGO BANK
24
25
26 WHEREAS,the unincorporated Florida Keys constitute a countywide State-
27 designated Area of Critical State Concern ("ACSC"), as established by and through Rule
28 28-29.002, Florida Administrative Code, and Sections 380.05 and 380.0552, Florida
29 Statutes; and
30
31 WHEREAS,the enabling legislation for the designation of areas of critical state
32 concern provide and hold as follows: "An area of critical state concern may be designated
33 only for: An area containing, or having a significant impact upon, environmental or
34 natural resources of. . . statewide significance. . . . the uncontrolled private or public
35 development of which would cause substantial deterioration of such resources." Fla. Stat.
36 § 380.05(2)(a); and
37
38 WHEREAS, as a result of the 2025 legislative session, Section
39 380.0552(9)(a)(2.), Florida Statutes, was amended through Senate Bill 180, which
40 extended the hurricane evacuation time from 24 to 24.5 hours and Section 22., Ch. 2025-
41 190 Laws of Florida ("L.O.F.") was amended, which required the Florida Department of
42 Commerce to conduct baseline modeling scenarios and gather data in order to determine
43 a number of building permit allocations to be distributed in the Florida Keys Area based
44 upon the hurricane evacuation clearance time provided in Section 380.0552(9)(a)(2.),
45 Florida Statutes;1 and
i 24.5 hours.
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46 WHEREAS, on December 17, 2025, the Florida Cabinet, sitting as the State
47 Administration Commission, met to authorize additional building permit allocations to
48 Key West and the Florida Keys Area of Critical State Concern,pursuant to Section 22,
49 Chapter 2025-190, L.O.F. and updated hurricane evacuation modeling. The
50 Administration Commission provided that the County's portion of the 900 was a total of
51 657 allocations; and
52
53 WHEREAS, Monroe County Land Development Code ("LDC") Section 138-19
54 provides the following salient definitions:
55
56 Allocation period means a defined period of time within which applications for
57 the residential ROGO allocation will be accepted and processed.
58
59 Annual allocation period means the 12-month period beginning on July 13, 1992,
60 (the effective date of the original dwelling unit allocation ordinance), and
61 subsequent one-year periods.
62
63 Annual residential ROGO allocation means the maximum number of dwelling
64 units for which building permits may be issued during an annual allocation
65 period.
66
67 Quarterly allocation period means the three-month period beginning on July 13,
68 1992, or such other date as the board may specify, and successive three-month
69 periods.
70
71 Quarterly residential ROGO allocation means the maximum number of
72 residential dwelling units for which building permits may be issued in a quarterly
73 allocation period.
74
75 WHEREAS, Monroe County LDC Section 138-47 provides the following salient
76 definitions:
77
78 Annual allocation period means the 12-month period beginning on July 14, 2001,
79 and subsequent one-year periods that is used to determine the amount of
80 nonresidential floor area to be allocated based on the number of ROGO
81 allocations to be issued in the upcoming ROGO year.
82
83 Annual nonresidential ROGO allocation, also referred to as an annual NROGO
84 allocation, means the maximum floor area that may be allocated during an annual
85 allocation period.
86
87 Nonresidential ROGO allocation, also referred to as NROGO allocation, means
88 the maximum amount of nonresidential floor area which may be allocated in a
89 given time period.
90
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91 Nonresidential ROGO allocation award, also referred to as NROGO allocation
92 award, means the approval of a nonresidential ROGO application prior to the
93 application and subsequent issuance of a building permit to authorize construction
94 of new nonresidential floor area.
95
96 Nonresidential ROGO bank, also referred to as NROGO bank, means the
97 cumulative total of a)NROGO allocations that were not awarded and thereby not
98 allocated due to a lack of demand, b)nonresidential floor area not made available
99 for the annual NROGO allocation by the BOCC; and c) allocated nonresidential
100 floor area reclaimed due to the abandonment or expiration of approved
101 development that received an NROGO allocation award.
102
103 Nonresidential ROGO bank account, also referred to as NROGO account, means
104 one of the two accounts that cumulatively establish the NROGO bank. There are
105 two accounts within the NROGO bank, with each carrying an independent
106 balance of nonresidential floor area: 1)the Big Pine/No Name ROGO subarea
107 account; and 2)the Upper and Lower Keys general (joint) account.
108
109 Quarterly nonresidential ROGO allocation means the maximum number of
110 amount of nonresidential floor area square footage which may be allocated in a
111 quarterly allocation period.
112
113 Quarterly nonresidential ROGO allocation period means any one of the four
114 periods within an annual allocation period.
115
116 WHEREAS, the Monroe County Comprehensive Plan and Land Development
117 Code provide for a distribution of market rate, affordable, and workforce early evacuation
118 allocations through ROGO Year July 13, 2026; and
119
120 WHEREAS, the Monroe County Comprehensive Plan and Land Development
121 Code do not provide for a ROGO allocation period beyond July 13, 2026; and
122
123 WHEREAS, LDC Section 138-51 states that the NROGO allocation shall be
124 distributed between the four allocation quarters, which shall be the same dates as those
125 for the residential ROGO; and
126
127 WHEREAS, Monroe County is in the process of amending its Comprehensive
128 Plan and Land Development Code to accept and be able to distribute the additional 657
129 ROGO Allocations authorized by Chapter 2023-17, L.O.F., and confirmed by the
130 Administration Commission and the State Land Planning Agency in December 2025, in a
131 new allocation period; and
132
133 WHEREAS, LDC Section 138-25(a) states that no approved building permit
134 application requiring a ROGO allocation award, including applications submitted under
135 privatized plan review as provided for by Chapter 553, Florida Statutes, shall be accepted
136 for the entry into the ROGO system under this chapter, unless the building permit
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137 application is submitted to the Building Department at least 30 days prior to the end of
138 the allocation period appropriate for the application. A submission 30 days prior does not
139 guarantee that it will be eligible to enter ROGO that quarter if it has not passed all
140 required reviews; and
141
142 WHEREAS, LDC Section 138-25(b) states that in each quarterly allocation
143 period, the Monroe County Planning and Environmental Resources Department shall
144 accept applications to enter the residential ROGO system. Except for allocations to be
145 reserved and awarded under LDC Section 138-24(b), the ROGO application must be
146 accompanied by an approved building permit application in order to be considered in the
147 current allocation period; and
148
149 WHEREAS, LDC Section 138-52 states that no approved building permit
150 application requiring an NROGO allocation award, including applications submitted
151 under privatized plan review as provided for by Chapter 553, Florida Statutes, shall be
152 accepted for the entry into the NROGO system under this chapter, unless the building
153 permit application is submitted to the Building Department at least 30 days prior to the
154 end of the allocation period appropriate for the application; and
155
156 WHEREAS, LDC Section 138-52 states that the Monroe County Planning and
157 Environmental Resources Department shall accept applications to enter the NROGO
158 system. The NROGO application must be accompanied by an approved building permit
159 application in order to be considered; and
160
161 WHEREAS, LDC Section 138-52(o) states that the Monroe County Planning and
162 Environmental Resources Department shall maintain a record of NROGO allocations that
163 were not awarded in annual NROGO allocation periods. This shall be known as the
164 NROGO bank; and
165
166 WHEREAS, LDC Section 138-50(f) states that the cumulative addition of up to
167 1,000 square feet of new nonresidential floor area shall not require an NROGO
168 application and NROGO allocation prior to issuance of a building permit. De minimis is
169 not required to be utilized in whole or limited to a single building permit application;
170 however cumulatively, an individual property shall not receive any more than 1,000
171 square feet of new nonresidential floor via de minimis expansion and/or addition.
172 Nonresidential floor area permitted via de minimis expansion and/or addition shall be
173 deducted from the annual NROGO allocation or the NROGO bank; and
174
175 WHEREAS, LDC Section 138-53 states that allocations by way of the NROGO
176 bank shall only be awarded four times per NROGO year, on the same public hearing
177 dates in which annual NROGO allocations are awarded per LDC Section 138-53(b). Such
178 allocations shall be awarded pursuant to subsections (e)(2)through (e)(12); and
179
180 WHEREAS, as of May 27, 2026, the NROGO bank account balance is as
181 follows:
182
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NROGO Year 34 Bank Account Balances
NROGO BANK
Subarea Bank Accounts Year 34 General
(rollover from Year 33 Bank(1. Joint Lower
& Upper and 2. Big
Pine/No Name) Total
Big Pine Key
and No Name 31,913 31,913 SF*
Key subarea
Upper
Lower 44,533 802,437 SF*
Totals 76,446 834.350 SF*
*Includes NROGO SF from expired allocation awards or corrections.
183
184
185 WHEREAS, there is a need for the Monroe County Board of County
186 Commissioners to clarify the adjusted process for applications submitted between the
187 ROGO Annual Allocation Period that closes on July 13, 2026, and the future ROGO
188 Annual Allocation Period that will open upon the effectiveness of the relevant
189 Comprehensive Plan and Land Development Code amendments;
190
191 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
192 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
193
194 Section 1. Recitals. The foregoing recitals, findings of fact and conclusions of law
195 are true and correct and are hereby incorporated as if fully stated herein.
196
197 Section 2. The processing of certain applications submitted between the ROGO
198 Annual Allocation Period that closes on July 13, 2026, and the future
199 ROGO Annual Allocation Period that will open following the
200 effectiveness of relevant amendments to the Comprehensive Plan and
201 Land Development Code shall be adjusted as follows:
202
203 a) ROGO Applications are unable to be accepted outside of a ROGO
204 Allocation period. Following the closure of the current ROGO
205 Allocation period on July 13, 2026, ROGO Applications will be
206 unable to be accepted until a new ROGO Allocation period has
207 commenced.
208 b) No Revisions of ROGO Applications will be received or accepted
209 following July 13, 2026.
210 c) ROGO Awards for market rate and/or affordable allocations for
211 ROGO Year 34, Quarter 4 will be considered and approved by the
212 Planning Commission, as per normal distribution schedule.
213 d) No ROGO Awards for market rate and/or affordable allocations will
214 be considered or approved until the Comprehensive Plan and Land
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215 Development Code are amended so as to provide for additional
216 ROGO Allocation Periods to be able to award and distribute the
217 additional 657 ROGO Allocations authorized by Chapter 2023-17,
218 Laws of Florida, and confirmed by the Administration Commission
219 and the State Land Planning Agency in December, 2025.
220 e) Property owners may continue to submit Building Permit
221 applications for new dwelling units after June 12, 2026. Approved
222 building permit applications for new residential dwelling units will
223 be held until the commencement of a new ROGO Allocation period.
224 However, in the event that the Florida Building Code and/or a
225 FEMA flood insurance rate map (FIRM) is amended during the
226 interim period, if necessary, the applicant shall submit plan revisions
227 to the building permit application demonstrating full compliance
228 with the current Florida Building Code and the adopted FIRM in
229 effect.
230 f) Building permit applications that are reviewed during the time
231 between ROGO allocation periods and determined to be"ready" to
232 submit a ROGO application shall be given 180 days following
233 commencement of the next ROGO Allocation period to submit the
234 ROGO application. If no ROGO application is submitted within this
235 timeframe, the building permit application is subject to expiration
236 unless an extension is obtained from the Building Official.
237 g) Building permit applications for which the deadline to submit a
238 ROGO application falls between ROGO Allocation periods will be
239 given a new deadline of 180 days following commencement of the
240 next ROGO Allocation period to submit the ROGO application.
241 h) Consistent with Monroe County Land Development Code 138-
242 24(a)(2) and (b), affordable and workforce early evacuation ROGO
243 Allocations shall continue to be available through BOCC
244 reservation.
245 i) Current,previously submitted and accepted ROGO Applications
246 shall continue to accrue perseverance points during the interim
247 period,per the adopted rate of accrual for each particular application.
248 j) Applicant's whom are eligible for administrative relief within 180
249 days of the closure of the ROGO quarterly allocation period which
250 ends on July 13, 2026 may submit their application for
251 administrative relief. However, any ROGO allocations granted
252 through administrative relief will be unavailable to be allocated for
253 award until the closure of the next allocation period, which is
254 anticipated to occur in January, 2028.
255 k) Following July 13, 2026, Monroe County will not be within a
256 quarterly ROGO allocation period until the relevant Comprehensive
257 Plan and Land Development Code text amendments are adopted and
258 effective. The time between allocation periods is unable to be
259 counted toward the eligibility criteria for administrative relief
260 provided in LDC Section 138-27(a).
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261 1) Applications for nonresidential floor area by way of the NROGO
262 bank may continue to be accepted and allocated by the Planning
263 Commission quarterly consistent with LDC Section 138-53(e).
264 m) De expansion or de minimus of new nonresidential floor area shall
265 continue to be permitted in accordance with LDC Section 138-50(f).
266
267 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or
268 ambiguities, within this Resolution or between this Resolution and the
269 Monroe County Code of Ordinances, Florida Building Code, Monroe
270 County Land Development Code, Monroe County Comprehensive Plan, or
271 any other approval of the Monroe County Board of County
272 Commissioners, Monroe County Planning Commission, Monroe County
273 Development Review Committee, Monroe County Planning &
274 Environmental Resources Department, or other department or office of
275 Monroe County, the more restrictive rule, regulation, law, provision, and
276 text shall always apply.
277
278 Section 4. Subject to Section 3. above, the interpretation of this Resolution and all
279 provisions of the Monroe County Comprehensive Plan, Florida Building
280 Code, Monroe County Codes, Florida Statutes, and floodplain
281 management regulations whose interpretation arise out of, relate to, or are
282 interpreted in connection with this Resolution, shall be liberally construed
283 and enforced in favor of Monroe County, and such interpretation shall be
284 entitled to great weight in adversarial administrative proceedings, at trial,
285 in bankruptcy, and on appeal.
286
287 Section 5. No Liability. Monroe County expressly reserves and in no way shall be
288 deemed to have waived, for itself or for its officer(s), employee(s), or
289 agent(s), any sovereign, governmental, and any other similar defense,
290 immunity, exemption, or protection against any suit, cause-of-action,
291 demand, or liability.
292
293 Section 6. Temporary Nature of Resolution. This resolution is temporary and
294 shall automatically expire after 730 days' passage following the passing
295 of this Resolution or shall automatically expire when all above-referenced
296 forthcoming Land Development Code and Comprehensive Plan
297 amendments have been fully and finally adopted, whichever occurs first.
298
299 Section 7. The Monroe County Board of County Commissioners finds and concludes
300 that approval of this resolution in fact and law will benefit the health,
301 safety, and welfare of the public at large.
302
303 Section 8. Inconsistency, Partial Invalidity, Severability, and Survival of
304 Provisions. If any provision of this Resolution, or part or any portion
305 thereof, is held to be invalid or unenforceable in or by any administrative
306 hearing officer or court of competent jurisdiction, the invalidity or
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307 unenforceability of such provision, or any part or portion thereof, shall
308 neither limit nor impair the operation, enforceability, or validity of any
309 other provision of this Resolution, or any remaining part(s) and/or
310 portion(s) thereof. All other provisions of this Resolution, and remaining
311 part(s) and/or portion(s) thereof, shall continue unimpaired in full force
312 and effect.
313
314 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
315 County, Florida, at a regular public meeting held this I Oh day of June, 2026.
316
317 Mayor Michelle Lincoln, District 2
318 Mayor Pro Tem David Rice, District 4
319 Commissioner Craig Cates, District 1
320 Commissioner Jim Scholl, District 3
321 Commissioner Holly Merrill Raschein, District 5
322
323
324
325 By:
326 Mayor Michelle Lincoln
327
328 (SEAL) mmnOE COLI "Y ll"on EY
329 'TO FORM
330
331 ATTEST: KEVIN MADOK, CLERK PATER MORMS
� ...._ "
332 ASSISTANT COUNTY ATTORNEY
333 Data: .. 6/4/26
334
335 AS DEPUTY CLERK
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