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HomeMy WebLinkAboutItem U03 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 Rascbein,District 5 Regular Meeting June 10, 2026 Agenda Item Number: U3 26-32239 BULK ITEM: DEPARTMENT: County Land Acquisition and Land Management TIME APPROXIMATE: STAFF CONTACT: AGENDA ITEM WORDING: A public hearing to consider adoption of an Ordinance by the Monroe County Board of County Commissioners amending Article VII of Chapter 2 of the Monroe County Code, amending the title Article VII from Land Acquisition and Disposition(Resale)Program to Land Acquisition, Disposition (Resale)Program, and Leases of County-Owned Real Property, and creating within Division 5. - Leases of county-owned real property providing for standards and procedures governing leases of County-owned real property pursuant to Florida Statute Section 125.35(3). ITEM BACKGROUND: Florida Statute Chapter 125.35(3) allows the Board of County Commissioners, by ordinance, to prescribe disposition standards and procedures to be used by the county in selling and conveying any real or personal property and in leasing real property owned by the county. The standards and procedures must provide at a minimum for: (a) establishment of competition and qualification standards upon which disposition will be determined; (b)reasonable public notice of the intent to consider disposition of county property and the availability of copies of the standard; (c) identification of the form and manner by which an interested person may acquire county property; (d) Types of negotiation procedures applicable to the selection of a person to whom county properties may be disposed; (e) the manner in which interested persons will be notified of the board's intent to consider final action at a regular meeting of the board on the disposition of a property and the time and manner for making objections; and(f) adherence in the disposition of real property to the governing comprehensive plan and zoning ordinances. Article VII of Chapter 2 of the Monroe County Code governs Land Acquisition and Disposition (Resale) Program. This section will be renamed to Land Acquisition, Disposition(Resale) Program, and Leases of County-Owned Real Property. Under this title a new Division 5—Leases of County of Owned Property will be created to establish the standards and procedures governing leases of county- owned real property. PREVIOUS RELEVANT BOCC ACTION: April 2026: Adoption of Monroe County Code of Ordinance 013-2026 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Adoption. DOCUMENTATION: Ordinance Business Impact Estimate Ordinance Division 5 Leases FINANCIAL IMPACT: n/a Effective Date: 06/10/2026 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 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 ARTICLE VII. OF CHAPTER 2 OF THE MONROE COUNTY CODE, AMENDING ARTICLE VII TITLE FROM LAND ACQUISITION AND DISPOSITION (RESALE) PROGRAM TO LAND ACQUISTION, DISPOSITION (RESALE) PROGRAM, AND LEASES OF COUNTY-OWNED REAL PROPERTY CREATING DIVISION 5 LEASES OF COUNTY-OWNED REAL PROPERTY, PROVIDING FOR STANDARDS AND PROCEDURES GOVERNING LEASES OF COUNTY- OWNED REAL PROPERTY PURSUANT TO FLORIDA STATUTE § 125.35(3); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR TRANSMITTAL AND AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes that the work of ordinance codification is an ongoing process that requires a continuing effort by various County officials and staff, and it is the goal of the BOCC to ensure that the Monroe County Code of Ordinances is kept current and of maximum use and clarity; and WHEREAS, the Legislature of the State of Florida has, in Chapter 125, "County Government," of the Florida Statutes, conferred upon local governments the authority to adopt laws and regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS,pursuant to Article VI1I of the Florida Constitution and F.S. 125.66, 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, F.S. 125.53(3) authorizes the County to adopt an ordinance prescribing the standards and procedures to be used by the county in leasing real property owned by the county as alternative to F.S. 125.35(1) & (2) as long as the County provides standards and procedures that provide at a minimum: (a) Establishment of competition and qualification standards upon which disposition will be determined. CODING: Words in type are deletions from existing text. 1 Words in underscored type are additions to existing text. A line of***indicates existing text not shown. (b) Reasonable public notice of the intent to consider disposition of County property and the availability of copies of the standards. Reasonableness of the notice is to be determined by the efficacy and efficiency of the means of communication used. (c) Identification of the form and manner by which an interested person may acquire County property. (d) Types of negotiation procedures applicable to the selection of a person to whom County properties may be disposed. (e) The manner in which way interested persons will be notified of the board's intent to consider final action at a regular meeting of the board on the disposition of a property and the time and manner for making objections. (f)Adherence in the disposition of real property to the governing comprehensive plan and zoning ordinances; and WHEREAS, the County desires to establish, in accordance with F.S. 125.35(3), the standards and procedures for the lease of County-owned real property; 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.Article VII of Chapter 2 of the Code of Ordinances of Monroe County, Florida, shall be amended to change the title and add a new division (5)that shall read as follows: ARTICLE VII. LAND ACQUISITIONz-AND DISPOSITION (RESALE) PROGRAM, LEASES OF COUNTY-OWNED REAL PROPERTY DIVISION 5.— LEASES OF COUNTY-OWNED REAL PROPERTY Section 1. Definitions. Board means the Board of County Commissioners of Monroe County. County means the Monroe County. County-owned Real Property means any land,building, facility,acility, easement, or other interest in real property owned by the County. CODING: Words in type are deletions from existing text. 2 Words in underscored type are additions to existing text. A line of***indicates existing text not shown. Director means the Director of Housing and Real Estate. Lease means any agreement granting_ the he right to use or occupy County Real Property for a specified term, including_ground leases, facility leases, concessions, licenses, and similar occupancy agreements. Section 2. Standards and Procedures for Leases of County-Owned Real Property (1) Establishment of competition and qualification of residential leases a. The Board may establish through resolution programs that oversee the application procedures, eligibility criteria, and qualification standards applicable to residential leasing opportunities, including but not limited to: i. Income eli ig bili . requirements; ii. Residency or occupancy requirements; ill. Compliance with County housing programs; iv. Background screening requirements permitted by law; and v. Any additional criteria reasonably related to the administration of the residential leasing program. b. The County utilize lotteries, waiting lists, first come first served basis, ranking methodologies, or other neutral selection procedures to evaluate and prioritize applicants. c. The Director may reject incomplete applications or applications that fail to satisify the minimum qualification requirements. (2) Notice of Residential Leasing Opportunities a. Prior to the consideration to lease developed residential County-owned real property managed by the County, the Director shall provide public notice by posting the application, application process, eligibility requirements, and submittal instructions on the County's website. b. The Director may also provide notice through additional methods reasonably calculated to inform the public, including electronic communications community outreach, housing partner organizations, or publications through County communication platforms. (3) An interested person seeking to lease developed County-owned residential real property managed by the County shall submit an application in the form prepared or approved by the County. a. All submissions may be subject to public records law. (4) Negotiation procedures may include any of the following_ a. Ranking and shortlisting respondents; or b. Requests for vest and final offers; or c. Interviews or presentations; or d. Negotiation of improvements, maintenance obligations, or lease terms CODING: Words in type are deletions from existing text. 3 Words in underscored type are additions to existing text. A line of***indicates existing text not shown. e. Any other negotiation procedure determined by the Director to be in the best interests of the County. (5) In no event shall the sale, lease, development, management, or operation of County- owned real property violate the County's comprehensive plan or zoning ordinances. (6) The provisions of this section shall apply to County programs as established by Board resolution. (7) The provisions of this section shall not apply to agreements with non-profit entities for the development or management of County-owned real property. (8) The provisions of this section shall not apply to any lease of real property which is exempt from the competitive bidding requirements of F.S. §125.35,as may be amended as may be amended; to exchanges of real property pursuant to F.S. § 125.37, as may be amended, to any sale or lease of real property pursuant to F.S. §§ 125.045 and 125.38, as may be amended, to the lease of airport property pursuant to F.S. § 125.35, as maX be amended, or F.S. Ch. 332, as may be amended; or to the acquisition or exchange of property where the conveyance of the property to or by the County is required as condition of a development order. Section 3. Reserved for future use. [insert Code Section and changes in strike-through and underline format/ 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 shall be appropriately renumbered to confirm to the uniform numbering system of 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. 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. CODING: Words in ':46gib?:type are deletions from existing text. 4 Words in underscored type are additions to existing text. A line of***indicates existing text not shown. Mayor Michelle Lincoln Mayor Pro Tem 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: Deputy Clerk Michelle Lincoln, Mayor Monroe County Attorney's Office Approved as to legal form and sufficiency: Jeni-Lee MacLaughlin Assistant County Attorney CODING: Words in. �'��gh type are deletions from existing text. 5 Words in underscored type are additions to existing text. A line of***indicates existing text not shown. E BUSINESS IMPACT ESTIMATE! Rev.06/2024 Meeting Date: June 10,2026 Proposed Ordinance Title/Reference: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING ARTICLE VII. OF CHAPTER 2 OF THE MONROE COUNTY CODE, AMENDING ARTICLE VII TITLE FROM LAND ACQUISITION AND DISPOSITION (RESALE) PROGRAM TO LAND ACQUISTION, DISPOSITION (RESALE) PROGRAM, AND LEASES OF COUNTY-OWNED REAL PROPERTY CREATING DIVISION 5 LEASES OF COUNTY-OWNED REAL PROPERTY, PROVIDING FOR STANDARDS AND PROCEDURES GOVERNING LEASES OF COUNTY-OWNED REAL PROPERTY PURSUANT TO FLORIDA STATUTE § 125.35(3); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;AND PROVIDING FOR TRANSMITTAL AND AN EFFECTIVE DATE. The Proposed Ordinance N does ❑ does not fall under one of the following enumerated exceptions:2 ❑x 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 ordinance codifies the standards and procedures governing leases of county- owned real property in accordance with Section 125.35(3), Florida Statutes, relating to the County's authority to lease real property. 'Business impact statement must be posted on the county's website no later than the date the notice of proposed enactment is published. 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