HomeMy WebLinkAboutItem U02 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 1
James K. Scholl,District 3
- Holly Merrill Raschein,District 5
Regular Meeting
June 10, 2026
Agenda Item Number: U2
26-32163
BULK ITEM: No DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull
AGENDA ITEM WORDING:
A public hearing to consider adoption of an Ordinance by the Monroe County Board of County
Commissioners, amending Section 2-58(d) of the Monroe County Code to expand upon the duties and
responsibilities of the County Administrator.
ITEM BACKGROUND: In April 2026, the Board adopted Ordinance 013-2026, which amended
Article III of Chapter 2 of the Monroe County Code of Ordinances to define the Administrative
Branch of County Government, to clarify and expand upon the qualifications for selecting and
removing the county administrator, and to clarify and expand upon the duties and responsibilities of
the county administrator.
The County owns certain real estate that is suitable for residential leases. In May 2022, the Board
adopted Resolution No. 155-2022 establishing the Monroe County Employee Housing Rental
Program for residential units owned by the Board and rented to Monroe County BOCC and Monroe
County Sheriffs Office employees at reasonable rates.
In December 2024, the Board adopted Resolution No. 544-2024 establishing the Monroe County
Affordable Tourism Housing Program for projects that provide affordable housing available to
employees of private sector tourism-related businesses within Monroe County. On May 20, 2026, the
Board approved the residential lease for this Monroe County resident.
However, due to the necessity of obtaining Board approval and subsequent mayoral execution prior to
completing lease agreements, opportunities to rent to qualified tenants have been lost to competing
rental properties.
By amending Section 2-58(d)(5) of the Monroe County Code of Ordinances to expand upon the
powers and duties of the County Administrator the processing of residential leases will be executed
more efficiently.
PREVIOUS RELEVANT BOCC ACTION:
May 18, 2022 - Board adopted Resolution No. 155-2022 establishing the Monroe County Employee
Housing Rental Program for residential units owned by the Board and rented to Monroe County
BOCC and Monroe County Sheriff's Office employees at reasonable rates.
December 11, 2024 - BOCC adopted Resolution No. 544-2024 establishing the Monroe County
Affordable Tourism Housing Program (MCATH Program) for projects that provide affordable
housing available to employees of private sector tourism-related businesses within Monroe County.
March 11, 2026 - Board adopted Resolution No. 061-2082 establishing the method of selection of
lessees, setting the lease terms, and establishing the method for setting the rental rates for Monroe
County Employee Housing Rental properties thereby establishing the Monroe County Employee
Housing Rental Program.
April 15, 2026 - BOCC adopted Ordinance 013-2026 which amended Article III of Chapter 2 of the
Monroe County Code of Ordinances.
May 20, 2026 - BOCC approved a residential lease under the MCATH Program.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
Adoption.
DOCUMENTATION:
Ordinance
Business Impact Estimate County Admin Authorization to Execute Residential Leases
FINANCIAL IMPACT:
None.
Effective Date: 06/10/2026
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: No
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
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2026
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 2-58(D)OF THE MONROE COUNTY
CODE TO EXPAND UPON THE DUTIES AND
RESPONSIBILITIES OF THE COUNTY
ADMINISTRATOR; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR TRANSMITTAL
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII of the Florida Constitution and Section 125.66,
Florida Statutes, Monroe County possesses the police powers to enact ordinances in order to
protect the health, safety, and welfare of the County's citizens; and
WHEREAS,the Board implemented the County Administrator form of governance when
it adopted the County Administrator Law of 1974 in Ordinance 13-1977; and
WHEREAS, in April 2026, the Board adopted Ordinance 013-2026, which amended
Article III of Chapter 2 of the Monroe County Code of Ordinances to define the Administrative
Branch of County Government, to clarify and expand upon the qualifications for selecting and
removing the county administrator, and to clarify and expand upon the duties and responsibilities
of the county administrator; and
WHEREAS, in May 2022, the Board adopted Resolution No. 155-2022 establishing the
Monroe County Employee Housing Rental Program for residential units owned by the Board and
rented to Monroe County BOCC and Monroe County Sheriff's Office employees at reasonable
rates; and
WHEREAS, in March 2026,the Board adopted Resolution No. 061-2026 establishing the
method of selection of lessees, setting the lease terms, and establishing the method for setting the
rental rates for Monroe County Employee Housing Rental properties; and
WHEREAS,in December 2024, the Board adopted Resolution No. 544-2024 establishing
the Monroe County Affordable Tourism Housing Program for projects that provide affordable
housing available to employees of private sector tourism-related businesses within Monroe
County; and
WHEREAS, due to the necessity of obtaining Board approval and subsequent mayoral
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execution prior to completing lease agreements, opportunities to rent to qualified tenants have been
lost to competing rental properties; and
WHEREAS, F.S. 125.35(3) vests the Board with the discretion to create an alternative
process and standards for leasing of County property; and
WHEREAS,the Board,by separate action,has adopted the minimum standards for leasing
County property that meet the requirements of F.S. 125.35(3); and
WHEREAS, the Board desires to amend Section 2-58(d) of the Monroe County Code of
Ordinances to expand upon the duties and responsibilities of the County Administrator to execute
residential leases for programs created by Board Resolution, to avoid losing potential tenants due
to government timing functions; and
WHEREAS, on June 10, 2026,the Monroe County Board of County Commissioners held
a public hearing, and provided for public comment and public participation in accordance with the
requirements of state law; and
WHEREAS, the Board of County Commissioners hereby finds and determines that the
actions described herein serve the best interests of the residents, visitors, and business owners in
Monroe County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: Ratification. That the foregoing"WHEREAS"clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this ordinance.
Section 2: Amendment.That Section 2-58(d)(5)of the Code of Ordinances of Monroe
County, Florida, shall be amended to read as follows:
(d) County Administrator;powers and duties. In furtherance of and in addition to the power and
duties set forth in F.S. § 125.74, the County Administrator shall have all of the powers and duties
as set forth below:
(5) The county administrator may execute agreements, including residential lease
agreements as consistent with the code of ordinances, on behalf of the board,provided that
said agreements are for an amount within the administrator's signature authority of
$100,000. If the county adminstrator authorizes a person to act as a designee, such person
shall comply with F.S. §112.3145, and the financial disclosure requirements set forth
therein. All agreements, including residential leases, will be in a form approved by the
county attorney's office prior to execution. The county attorney may require approval or
ratification of an agreement by the board. The Administrator shall place an item on each
agenda of the Board that reports the small contracts and leases that have been approved
since the last report and attaches copies of each contract and lease.
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a. Residential Leases shall include residential leases under the Monroe County
Affordable Tourism Housing Program, Monroe County Employee Housing Rental
Program, and/or any other County housing program created by resolution.
(5) The county administrator may execute agreements, including residential lease
agreements as consistent with the code of ordinances, on behalf of the board,provided that
said agreements are for an amount within the administrator's signature authority of
$100,000. If the county adminstrator authorizes a person to act as a deignee, such person
shall comply with F.S. §112.3145, and the financial disclosure requirements set forth
therein. All agreements, including residential leases, will be in a form approved by the
county attorney's office prior to execution. The county attorney may require approval or
ratification of an agreement by the board.
a. Residential Leases shall include residential leases under the Monroe County
Affordable Tourism Housing Program, Monroe County Employee Housing Rental.
Program, and/or any other County housing_program created by resolution.
Section 3: Conflicts. That all ordinances or parts of ordinances, all County Code
sections or parts of County Code sections, and all resolutions or parts of resolutions in conflict
with this ordinance are hereby repealed to the extent of such conflict.
Section 4: Severability. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, clause or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a
whole or part hereof other than the part declared invalid. 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: Codification. That the provisions of this ordinance shall be codified within
the Code of Ordinances of Monroe County, Florida, and any paragraph or section may be
renumbered to conform with the Code of Ordinances.
Section 6: Transmittal and Effective Date. That this Ordinance shall be transmitted
to and become effective upon filing with the Florida Department of State as provided in Section
125.66, Fla. Stat., as may be amended from time to time.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of , 2026.
Mayor Michelle Lincoln
Mayor Pro Tern David Rice
Commissioner Craig Cates
Commissioner Holly Merrill Raschein
Commissioner James K. Scholl
(Seal)
Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Michelle Lincoln, Mayor
Monroe County Attorney's Office
Approved as to legal form and sufficiency:
Jeni-Lee MacLaughlin
Assistant County Attorney
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P f
BUSINESS IMPACT ESTIMATE'
Rev.06/2024
F�in7g7D7a7te: June 10,2026
Proposed Ordinance Title/Reference: AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 2-58(D) OF THE
MONROE COUNTY CODE TO EXPAND UPON THE DUTIES AND RESPONSIBILITIES OF THE
COUNTY ADMINISTRATOR; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR TRANSMITTAL
AND AN EFFECTIVE DATE.
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;
❑X 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 expands upon the County Administrators powers and duties by authorizing the
County Administrator to approve residential leases under the Monroe County Affordable Tourism Housing
Program and/or the Monroe County Employee Housing Rental Program.
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
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