HomeMy WebLinkAboutOrdinance 016-2026 MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 016 -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 VIH 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.
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(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 ACQUISITIONs-A�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,fg acility, easement, or other interest
in real property owned by the County.
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Director means the Director of Housing and Real Estate.
Lease means any agreement granting the 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 bility requirements,
ii. Residency or occupancy requirements,
iii. Compliance with County housinprograms,
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 may utilize lotteries, waiting lists, first come first served basis,
rankinz 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
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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. §125.3 5, 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 may
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 IOth day of June , 2026.
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MichelleLincoln •
Mayor Yes
Mayor Pro Tern David Rice Yes
Commissioner1 Craig
g Cates Yes
„,,,,St 46% Commissioner James K. Scholl Yes
‘•' , % Commissioner Holly Merrill Raschein Yes
, .. 1 ,A. A
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',! _..It, : .1 adok, Clerk: BOARD-OF COUNTY.COMMISSIONERS
cA -- ==- __ 4, OF MONROE COUNTY FLORIDA
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As De uty.Clerk Michelle Lincoln, Mayor
Office
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Monroe County Attorney's
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Approved as to legal form andsufficiency:
Digitally signed by JeniLee
Jeni-Lee IVIacLaughlin'';MacLaugh in � ..
Date: 6 2 0605 15.41;30-04'00' .
Jeni-Lee hli
• .� � � �ac aug n
Assistant.• County Attorney.
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KeysNews.com
KE
f IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO ADMIN/BOCC
1100 SIMONTON ST STE 2-205
KEY WEST FL 33040
Account: 423273 Ticket: 3991188
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENT TO CONSIDER at such meetings or hearings,that per-
ADOPTION OF COUNTY ORDINANCE son will need a record of the proceed-
COUNTY OF MONROE ings,and for such purpose,that person
NOTICE IS HEREBY GIVEN TO WHOM IT will need to ensure that a verbatim re-
MAY CONCERN that on June 10,2026, cord is made of the proceedings,which
Before the undersigned authority personally appeared at 9:00 A.M. or as soon thereafter as record includes the testimony and evi-
the matter may be heard,at the Nelson dence upon which the appeal is to be
Government Center, 102050 Overseas based.
Highway, Key Largo, Florida, 33037, Dated at Key West, Florida, this 30th
Amber Douglas who on oath says that he or she is the Board of County Commissioners day of May,2026.
of Monroe County, Florida, intends to
consider adopting the following ordi- (SEAL)KEVIN MADOK,Clerk of the Cir-
The legal advertising representative of the Key West Citizen,a five day newspa- nance: cuit Court and
Ex Officio Clerk of the Board of Coun-
per published in Key West,in Monroe County, Florida;that the attached copy of AN ORDINANCE OF THE BOARD OF ty Commissioners of Monroe County,
advertisment,beinga legal notice in the matter of NOI 6.10 was published in said COUNTY COMMISSIONERS M DINGMON- Florida
g p ROE COUNTY, FLORIDA, AMENDING 05/30/26-KWC
newspaper In the Issues of: ARTICLE VII. OF CHAPTER 2 OF THE 423273 3991188
MONROE COUNTY CODE,AMENDING
ARTICLE VII TITLE FROM LAND ACQUI-
Saturday, May 30,2026 SITION AND DISPOSITION (RESALE)
PROGRAM TO LAND ACQUISTION,DIS-
POSITION (RESALE) PROGRAM, AND
Affiant further says that the Key West Citizen is a newspaper published in Key LEASES OF COUNTY-OWNED REAL
West, in said Monroe County, Florida and that the said newspapers has hereto- PROPERTY CREATING DIVISION 5 LEAS-
fore been continuous) published in said Monroe County, Florida Tuesday thru ES Y, PROVIDING
-OWNED REAL PROP-
fore p Y Y ERTY, PROVIDING FOR STANDARDS
Saturday weekly,and has been entered as periodicals matter at the post office in AND PROCEDURES GOVERNING LEAS-
ESKe West, in said Monroe County, Florida,for period of 1 year next recedin OF COUNTY-OWNED REAL PROPER-
Key Y p Y p g TY PURSUANT TO FLORIDA STATUTE§
the first publication of the attached copy of advertisement;and affiant further says 125.35(3);PROVIDING FOR CONFLICTS;
that he or she has neither paid nor promised any person,firm or corporation any PROVIDING FOR SEVERABILITY, PRO-
VIDING FOR CODIFICATION;AND PRO-
discount, rebate, commission or refund for the purpose of securing this advertise- VIDING FOR TRANSMITTAL AND AN EF-
ment for publication In the said newspaper. FECTIVE DATE.
The proposed ordinance may be in-
spected by the public at the Monroe
County website by viewing the agenda
packet for the June 10,2026,meeting,
'^ which will be posted beginning on June
2, 2026 at: https://www.monroecoun
ty-fl.gov/695/BOCC-Meetings-Agendas.
-.. m The ordinance may also be viewed at
1v� the Monroe County Attorney's Office at
1111 12th Street,Suite 408,Key West,
(Signature ofAfflant) FL 33040.
Affirmed and subscribed before me this 8th day of June 2026 The public can participate in the June
10, 2026, meeting of the Board of
County Commissioners of Monroe
County, FL by attending in person or
L via Zoom.The Zoom link can be found
' in the agenda at:https:Hmcbocc.zoom.
Nota Public Signature) us/j/89204098700, or Live Closed Cap-
(Notary g ) tioning is available via the MCTV portal
at https:Hcloud.castus.tv/vod/mon-
Laura M Robins roe/video/60832c9dcf67bb7ac-
Oc21791.page=HOME&type=live.
(Notary Public Printed Name)
ADA ASSISTANCE:If you are a person
with a disability who needs special
My commission expires 9/26/2026 accommodations in order to partici-
pate in this proceeding,please contact
Personal) Known X Produced Identification the County Administrator's office,by
Y phoning(305)292-4441,between the
Type of Identification Produced (Notary Seal) hours of 8.30a.m.—5:00p.m.,prior to
the scheduled meeting,if you are hear-
t r.,;ar� RizSlub1v�u�urfl1a�rda ing or voice-impaired,call"711".
Lr G;oto,9m
x ,"r�i°ov��if� uw .2S�M Pursuant to Section 286.0105, Florida
2,1,,026, Statutes,notice is given that if a person
decides to appeal any decision made
by the Board of County Commissioners
with respect to any matter considered
PAGE B10 SATURDAY,MAY 30-SUNDAY,MAY 31,2026 Keys Citizen.Weekend Edition keysnews.com
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date m the sae of 8( hb b 582E h b 5 ECT VE DATE
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b - $ 5 C 6998 The proposed ordnance may be St h t
d t d any a restho der 4752 erred by the pub c at the Monroe de d ea ny d<son made
theredeem its Interest uptto the date ExhibltA WC o t ebsiteby views the agenda byhe eoa,dpof County Commissioners
Truneeissuesthe Certificate of5al e 0 ourke,ll CORLft' 4 FAULT AND INTENT T paGeitor theJune 18,2026,meeting, hrespen to any matter considered
by he T,ie,certified funds to theTrun- E YoKevIn OD—ke1,WEEK-16 FORECLOSE which wL l be poste d beginning onJue at suds meeti.gsorhea,ingethatpe,-
ee avabe o the h d hTYPE_ F SALE h ed a record of the pro<eed-
P m 8(See E hb ). dJNITDATE TAL TO( hb b gar) tl�H d t andntor suchparpose that person
funds for cure o,rd b $ '-8 -( hb -b^gor) TM1 d b d nee dtoe.surethataverbatm re-
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tifiate of Salelslssued. 6126WC n the Harvey Gov Cen- anted as Trustee by eeadi House 12th Street Sut 488vKey West remrdlndudesthetestimonyandevi-
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te8n Ay GWerKe, Center,12
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ExhibltA-0bligor) ship Interests at Windward Pointe will and Sale under Fla.tat§]21eB55 mm ssioners m M
bidder may be,espo dl,for any and Is heereby gi ntnat on Juy 9, be otfe,ed for sal e- .the toll owl ng Tmesha,e Ownership FL byattending in rson or (SLAL)KEVINMADOK,CIe,kof the 0,-
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atmme :Ie dlnotheti me of transs 2nd Roo,ot the Wxhibn,dWeeny(8 Le—IdI A-Type) Se,Ehbt UnIt),A-lNeek e, vntheaC0"98at m,L,velCIK.dnonl. x�Otm-Alle,kot to M.n,.,C-I,
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GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
June 16, 2026
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordinance 016-2026 by the Monroe County Board of County
Commissioners amending Article VII of Chapter 2 of the Monroe County Code, amending
Article VII Title from Land Acquisition and Disposition (Resale) Program to Land Acquisition,
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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on June 10, 2026. Should you have any questions please
feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Liz Yongue, Deputy Clerk
cc: County Administrator
County Attorney
MuniCode
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FLORIDA DEPARTMENT Of$ ATE
u 7i
RON DESANTIS CORD BYRD
Governor Secretary of State
June 16, 2026
Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Kevin Madok,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 016-2026, which was filed in this office on June 16,
2026.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270