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 Raschein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: U3
26-32260
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin
AGENDA ITEM WORDING:
A Public Hearing to Consider Approval of an Ordinance Adopting Amendments to the Monroe
County Comprehensive Plan to Modify the Future Land Use Element and Housing Element
Requirements Related to the 300 Keys Affordable Workforce Housing Initiative Early Evacuation
Unit Building Permit Allocations Created by the Governor of Florida, Attorney General of Florida,
Chief Financial Officer of Florida, and Florida Agriculture Commissioner Acting in their Capacity as
the Florida Administration Commission by Removing the 1-for-1 Takings and Bert Harris Act
Liability Reduction Exchange Requirement by Amending and Clarifying Comprehensive Plan
Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 101.3.12, 601.1.8.
ITEM BACKGROUND:
The Monroe County Planning and Environmental Resources Department is, consistent with the Board
of County Commissioners' (BOCC) direction on or about September 1 1, 2024,proposing
amendments to the Monroe County Comprehensive Plan's Future Land Use Element and Housing
Element to eliminate the Monroe County Comprehensive Plan's existing 1-for-1 takings and Bert
Harris liability mitigation exchange requirement for the remaining 300 workforce affordable housing
early evacuation unit building permit allocations.
The BOCC adopted Ordinance No. 018-2025 at its August 20, 2025, regular public meeting. That
ordinance contained an amendment to the Monroe County Comprehensive Plan similar to this
ordinance currently being considered by the BOCC. Ordinance No. 018-2025 was transmitted to the
State of Florida- Florida Department of Commerce (State Land Planning Agency) on August 26,
2025, for the State Land Planning Agency to issue and publish a Notice of Intent(NOI) approving
("In Compliance") or rejecting ("Not in Compliance") the BOCC's comprehensive plan amendment
on or before October 10, 2025, as required by Florida Statutes Section 163.3184(4)(e)(4.). Rather than
issuing and publishing a NOI approving or rejecting the BOCC`s comprehensive plan amendment as
required by state law, the State Land Planning Agency instead on November 4, 2024, provided a letter
alleging "Monroe County's adopted amendment 25-03ACSC is more restrictive or burdensome
making it null and void ab initio pursuant to Section 28 of Chapter 2025-190, L.O.F."
As there are now a proposed land development regulation (BOCC Ordinance No. 019-2025) that the
State has never issued a final decision on and a comprehensive plan amendment (BOCC Ordinance
No. 018-2025) that the State has alleged an exception to, this amendment has been prepared without
acceding or conceding to the legal sufficiency or correctness of the State Land Planning Agency's
letter regarding Ordinance No. 018-2025 nor to the legal sufficiency or correctness of the State Land
Planning Agency's decision never to issue a final decision approving or rejecting Ordinance No. 019-
2025.
Community Meeting and Public Participation
In accordance with Land Development Code (LDC) Section 102-159(b)(3), a Community Meeting for
the Comprehensive Plan and LDC text amendments was held on November 24, 2025, via Zoom
Webinar and provided for public input. There were no public comments received.
Development Review Committee (DRC) Meeting and Public Input
On January 27, 2026, the DRC considered the proposed amendment and provided for public input. On
January 29, 2026, the Chair of the DRC signed Resolution No. DRC 02-26, recommending approval
of the proposed text amendment.
Monroe County Planning Commission Meeting and Public Input
On February 25, 2026, the Monroe County Planning Commission considered the proposed
amendment, provided for public input and recommended approval to the Board of County
Commissioners of the proposed amendment to the Monroe County Comprehensive Plan with
inclusion of the following sentence, shown as double-underline, added to Policy 101.3.12(1):
For developments owned or operated by government agency or public housing authority,property
management is not required to be located onsite as indicated in this subsection and Comprehensive
Plan Policy 101.3.12, but must be available at all times to respond to evacuation orders. However, the
government agency or public housing authority will oversee and enforce requested evacuation of the
residents and must be available at all times to respond to evacuation orders.
Further professional staff review of the proposed revision to Policy 101.3.12(1)resulted in a
recommendation to replace the term"enforce"with"coordinate."Planning and Environmental
Resources Department professional staff support the use of"coordinate," as reflected in the proposed
language and the draft ordinance.
Board of County Commissioners Transmittal to State Land Planning Agency
On March 11, 2026, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
transmittal of the proposed text amendment, considered the professional staff report, and provided for
public comment and public participation in accordance with the requirements of state law and the
procedures adoption for public participation in the planning process. The BOCC adopted Resolution
No. 108-2026 transmitting the proposed amendment to the State Land Planning Agency for review
and comment.
Following their review of the proposed amendment, the State Land Planning Agency issued an
Objections, Recommendations and Comments (ORC) report on May 27, 2026. The State Land
Planning Agency did not identify any objections or comments to the proposed amendment.
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 R. 28-20.140, Fla.
Admin. Code, and the State Land Planning Agency's (Department of Economic Opportunity or DEO)
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-hour phased/staged evacuation).
On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to his executive
branch State Land Planning Agency (DEO) for a Keys Workforce Housing Initiative (Exhibit 1.).
The proposed initiative would allow 1,300 additional Rate of Growth Ordinance ("ROGO") allocations
throughout the Florida Keys ("ROGOs" or"Building Permit Allocation Systems") for rental workforce
housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a
hurricane evacuation. Any development receiving the units would be required to sign a rental
management agreement indicating they would be required to assure the evacuation of all occupants of
the development. Under the Workforce Initiative each jurisdiction would be eligible to receive up to
300 of these units. Governor Scott's press release specifically stated, "To meet the increased demand
for workforce housing,the innovative Keys Workforce Housing Initiative will require new construction
that participates to commit to evacuating renters in the 48-hour window of evacuation."
Commissioner Rice called a special BOCC meeting on May 10,2018, at I I A.M. in Marathon to provide
the Board and the public with an opportunity to discuss the proposal prior to the Cabinet meeting
scheduled for May 15, 2018. At the May 10, 2018, special BOCC meeting the BOCC directed County
professional staff to discuss concerns identified with DEO and to provide an update to the BOCC at the
next BOCC meeting.
On May 16, 2018, the County Attorney provided the BOCC with a report on Governor Scott's proposal
for 1,300 additional ROGO allocations following meeting with DEO and other State staff. He apprised
the BOCC that there was to be a Cabinet meeting scheduled for June 13,2018,to discuss the allocations
further.
On or about May 16, 2018, the BOCC directed County professional staff to present the Board's
questions and concerns regarding the Workforce Initiative at the meeting with the Cabinet on June 13,
2018.
On June 13, 2018, the Florida Administration Commission approved the Workforce Housing
Initiative. Florida Keys' local governments that chose to participate in the initiative would work with
DEO to amend their respective comprehensive plans to allow for additional building permits for rental
workforce housing with the condition of early evacuation.
DEO provided County professional staff with preliminary draft language based on the minimum
requirements established in the initiative to use as a starting point when drafting proposed language
(Exhibit 2). Additionally, DEO issued the graphic below demonstrating the 2012 Hurricane
Evacuation model results that indicated there were still 6.5 hours of additional road capacity in Phase
1 of the hurricane evacuation model.
In support of the Housing Initiative at the June 13, 2018, Cabinet meeting, DEO staff made a
presentation stating that the Phase I evacuation (under the existing staged evacuation plan) can be
accomplished in 17.5 hours, leaving additional capacity of 6.5 hours in Phase I. DEO concluded that
the Housing Initiative "will not interfere with the 24-hour evacuation model and satisfies the statutory
mandate to provide affordable housing."
As noted, on May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to his
executive branch State Land Planning Agency (DEO) for a Keys Workforce Housing Initiative
(Exhibit 1.). The proposed Initiative would allow 1,300 additional Rate of Growth Ordinance
("ROGO") allocations throughout the Florida Keys ("ROGOs" or"Building Permit Allocation
Systems").
On August 15, 2018, the BOCC directed County professional staff to prepare a discussion and
direction item regarding the Keys Workforce Housing Initiative for the September 19, 2018, regular
BOCC meeting.
On September 19, 2018, the BOCC directed County profsesional staff to draft proposed policy
alternatives to the State's initiative that address several concerns raised related to the enforceability of
the evacuation provisions. Additionally, the BOCC asked the County Attorney to research whether the
State's Florida Keys Workforce Housing Initiative, which, if implemented, would create a precedent
that would require the state to award up to or as many as 10,000 additional units in the future.
On January 30, 2019, the BOCC considered options to accept the 300 units. County professional staff
drafted three (3) options for consideration by the BOCC:
1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through
2026;
2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and
3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023.
The BOCC took no action.
On January 22, 2020, the BOCC adopted Ordinance No. 005-2020 to extend the remaining market
rate ROGOs out for an additional three (3)years from 2023 to 2026.
On January 22, 2020, the BOCC directed County professional staff to prepare an agenda item to
discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land
Development Code amendments to: 1) Move a portion of market-rate Rate Of Growth Ordinance
(ROGO) units 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.
On February 19, 2020, the BOCC discussed whether to direct County professional 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 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 County professional
staff to start the process to accept the 300 workforce housing units.
On July 15, 2020, during a discussion item on potentially shifting market rate allocations to the
affordable housing pool (BOCC Agenda Item I5), the BOCC provided further direction to County
professional staff on accepting the 300 workforce housing early evacuation unit building permit
allocations. The BOCC directed: Accept the 300 workforce housing early evacuation unit building
permit allocations to be used in exchange for existing affordable allocations at multifamily
developments (for developers that agree to the early evacuation restriction) and the affordable housing
allocations returned to the County (returned in the exchange)be set aside and banked for takings cases
(bank them within an administrative relief pool).
On January 20, 2021, the BOCC adopted Resolution No. 041-2021 to transmit the proposed
amendments to DEO to review the 300 workforce housing early evacuation unit proposal, with a
modification to Policy 101.3.12 to eliminate the requirement for a development agreement. The
information and/or comments appeared to include the following: With the 300 unit amendment being
structured as an exchange program, the projects exchanging units have previously completed their
development review and multiple hearings for a development agreement seems unnecessary, time
consuming and costly. The BOCC and County professional staff can review approve the exchange
through a resolution approving a contract. DEO reviewed the amendment and issued an Objections,
Recommendations and Comments (ORC)report, received by the County on March 30, 2021. The
ORC report stated, "the Department does not identify any objections or comments to the proposed
amendment."
On April 21, 2021, the BOCC adopted Ordinance No. 2021-005 and Ordinance No. 2021-006
authorizing the acceptance of the 300 early evacuation allocations from the State and to allow said
allocations be used in exchange of 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 Board of County Commissioners (BOCC) Meeting, the BOCC approved
transmittal to the State Land Planning Agency (Florida Department of Commerce) an ordinance
approving an amendment to the Comprehensive Plan to newly create Goal 113, Object 113.1, and site-
specific subarea 1 (Tavernier Workforce Housing Subarea 1), applicable to a portion of property
located at 92501 Overseas Highway which included text changes to the adopted policies of Monroe
County's Comprehensive Plan, which limit disposition of early evacuation unit allocations to a 1-for-1
exchange program for banking into the County's administrative relief pool for takings and Bert Harris
Act liability reduction countywide.
At the September 11, 2024, BOCC meeting, the BOCC additionally directed County 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 No. 030-2024 which newly
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 a single site in Tavernier without meeting the requirement of the 1-for-1 takings and
Bert Harris Act liability reduction exchange program contained in the current Comprehensive Plan
and Land Development Code.
On April 16, 2025, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
transmittal of a proposed text amendment to the Comprehensive Plan(Planning and Environmental
Resources Department File No. 2024-213), considered the professional staff report, and provided for
public comment and public participation in accordance with the requirements of state and local law
and the procedures adoption for public participation in the planning process. The BOCC adopted
Resolution No. 168-2025 transmitting a proposed amendment to the State Land Planning Agency for
review and comment. Following their review of the proposed amendment, the State Land Planning
Agency issued an Objections, Recommendations and Comments (ORC) report on June 27, 2025. The
ORC report did not identify any objections,recommendations or comments. The County has 180 days
from the date of receipt of the ORC to adopt the proposed amendment, adopt the amendment with
changes or not adopt the amendment.
At the August 20, 2025, BOCC meeting, the BOCC adopted Ordinance No. 018-2025. As noted,
rather than issuing a Notice of Intent (NOI) approving (In Compliance) or rejecting (Not in
Compliance) the BOCC's comprehensive plan amendment(Ordinance No. 018-2025) as provided by
Florida Statutes Section 380.05(6) and Florida Statutes Section 163.3184(4)(e)(4.), the State Land
Planning Agency instead on November 4, 2024, provided a letter alleging "Monroe County's adopted
amendment 25-03ACSC 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
PROFESSIONAL STAFF RECOMMENDATION:
Professional staff recommend approval of the proposed amendment.
DOCUMENTATION:
Staff Report
Ex. 1 Draft Ordinance
Ex. 2 Gov. Scott Press Release
Ex. 3 DEO Draft Preliminary Language
Ex. 4 Ordinance 005-2021
Ex. 5 Florida Commerce November 4, 2025, Letter
Ex. 6 Florida Commerce ORC Report May 27, 2026
FINANCIAL IMPACT:
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: If yes, amount:
Grant:
County Match:
2
Mwr .
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Devin Tolpin, A.I.C.P.,1 C.F.M., Senior Director
10 Monroe County Planning and Environmental Resources Department
11
12 From: Barbara Powell, Planning Policy Advisor
13 Monroe County Planning and Environmental Resources Department
14 Cheryl Cioffari, A.I.C.P., Senior Director of Planning and Policy
15 Monroe County Planning and Environmental Resources Department
16
17 Date: May 28, 2026
18
19 Subject: A Public Hearing to Consider Approval of an Ordinance Adopting Amendments to the
20 Monroe County Comprehensive Plan Amending the Comprehensive Plan's Future Land
21 Use Element and Housing Element to Modify the Requirements Related to the 300 Keys
22 Affordable Workforce Housing Initiative Early Evacuation Unit Building Permit
23 Allocations Created by the Governor of Florida, Attorney General of Florida, Chief
24 Financial Officer of Florida, and Florida Agriculture Commissioner Acting in their
25 capacity as the Florida Administration Commission by Removing the 1-for-I Takings
26 and Bert Harris Act Liability Reduction Exchange Requirement by Amending and
27 Clarifying Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10,
28 101.3.11, 101.3.12, and 601.1.8.3
29
30 Meeting: July 15, 2026
31
32 I. REQUEST
33
34 The Monroe County Planning & Environmental Resources Department, consistent with the Board of
35 County Commissioners' (`BOCC")direction on or about September 11,2024,is proposing amendments
36 to the Monroe County Comprehensive Plan's Future Land Use Element and Housing Element to
37 eliminate the Comprehensive Plan's existing 1-for-1 takings and Bert Harris liability mitigation
38 exchange requirement for the remaining 300 workforce affordable housing early evacuation unit
39 building permit allocations.
40
41 The BOCC adopted Ordinance No. 018-2025 at its August 20, 2025, regular public meeting. That
42 ordinance contained an amendment to the Monroe County Comprehensive Plan similar to this ordinance
43 currently being considered by the BOCC. Ordinance No. 018-2025 was transmitted to the State of
44 Florida— Florida Department of Commerce ("State Land Planning Agency") on August 26, 2025, to
45 issue and publish a Notice of Intent ("NOI") approving ("In Compliance") or rejecting ("Not in
1 American Institute of Certified Planners (A.T.C.P.)—Certification.
'Association of State Floodplain Managers (A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
3 Monroe County Planning and Environmental Resources Department File No.2025-220.
BOCC 07.15.2026 Page 1 of 30
File No. 2025-220
I Compliance")the BOCC's comprehensive plan amendment as provided by Florida Statutes § 380.05(6)
2 and Florida Statutes § 163.3184(4)(e.)(4.). Rather than issuing and publishing a Notice of Intent("NOI")
3 approving ("In Compliance") or rejecting ("Not in Compliance") the BOCC's comprehensive plan
4 amendment as provided by Florida Statutes § 380.05(6) and Florida Statutes § 163.3184(4)(e.)(4.), the
5 State Land Planning Agency instead on November 4, 2025,provided a letter alleging"Monroe County's
6 adopted amendment 25-03ACSC is more restrictive or burdensome making it null and void ab initio
7 pursuant to Section 28 of Chapter 2025-190, L.O.F."
8
9 As there are now a proposed land development regulation (BOCC Ordinance No. 019-2025) that the
10 State has never issued a final decision on and a comprehensive plan amendment (Ordinance No. 018-
11 2025) that the State has alleged an exception to, this amendment has been prepared without acceding or
12 conceding to the legal sufficiency or correctness of the State Land Planning Agency's letter regarding
13 Ordinance No. 018-2025 nor to the legal sufficiency or correctness of the State Land Planning Agency's
14 decision never to issue a final decision approving or rejecting Ordinance No. 019-2025.
15
16 Concurrent Applications
17 Land Development Code Text Amendment
18 File 2025-221: An amendment to the Monroe County Land Development Code amending Section 138-
19 24, Residential ROGO Allocations, to eliminate the existing 1-for-1 exchange for the remaining 300
20 workforce affordable housing early evacuation unit building permit allocations.
21
22 II. BACKGROUND INFORMATION
23
24 Florida Statutes ("F.S.") Section 380.0552,4 which protects and designates the Florida Keys Area of
25 Critical State Concern ("ACSC") as an ACSC, memorializes the State of Florida's established intent to
26 "ensure that the population of the Florida Keys can be safely evacuated," [380.0552(2)(j), F.S.] and
27 requires that amendments to each local government's comprehensive plan to include"goals, objectives,
28 and policies to protect public safety and welfare in the event of a natural disaster by maintaining a
29 hurricane evacuation clearance time for permanent residents of no more than 24 hours. The hurricane
30 evacuation clearance time shall be determined by a hurricane evacuation study conducted in accordance
31 with a professionally accepted methodology and approved by the state land planning agency"
32 [380.0552(9)(a)(2), F.S.].
33
34 In order to ensure maintenance of the hurricane evacuation requirements established by the State the
35 County adopted a Permit Allocation System known as the Rate of Growth Ordinance ("ROGO").
36
37 As acknowledged by the United States federal government and the State of Florida, Monroe County "is
38 the most hurricane-prone county in the United States." William South and Joe Barrett, A Severe
39 Weather and Tropical Cyclone Climatology for the Florida Keys, Nat'l Oceanic and Atmospheric
40 Admin. (2002)(emphasis added)(available at:https://www.weather.gov/lcey/sev_climo) (last accessed:
41 July 1, 2026) (citing J. B. Elsner and A. B. Kara, Hurricane Return Periods Along the Gulf Coast and
42 Florida, NOAA Technical Memorandum NWS SR-192, Nat'l Oceanic and Atmospheric Admin. (July
43 1997) ("Monroe County experiences the greatest frequency of direct hurricane landfalls of any
44 U.S. county. . .") (emphasis added)); see also Final Order, Monroe County Chowder & Marching
45 Society, et al. v. Dept. of Community Affairs, et al., Case No. 93-4326RGM 1994 WL 1027567 (DOAH
46 July 17, 1995),at*254 ("The potential impact of hurricanes on the Florida Keys is unlike any other
4 The"Florida Keys Area Protection Act."Fla. Stat. § 380.0552(1).
BOCC 07.15.2026 Page 2 of 30
File No. 2025-220
I area of the state. No local government faces a more unique and serious challenge to protecting its
2 citizens from the impacts of hurricanes than Monroe County.") (emphasis added).
3
The purpose of this Amendment Is to implement goals, objeolivew and
policies of the Florida Keys' Comprehensive Plan related to --' 'r
, pr6tectli;h of
residents, visitors and property In the County from natural �disaRers,
specifically including hurricanes, by adopting a Dwelling Unit Allocation
Ordinance limiting annual residential development In Monroe County to an
amount and rate cormnensurato with the Countys Ability to maintain as reason-
able and safe hurricane evacuation clearance time, as determined by policy
decisions and recently completed studles, The present hurricane ovactiation
clearance time in, Monroe County is unacceptably high. Based on as continua-
tion, of Monroe County's historic rate of growth, clearance time will contin-
ue to Increase. Therefore, consistent with Its responsibility for protecting
the health and safety of Its citizens, Monroe County must regulate the rate
of population growth commensurate with planned increases In evacuation
capacity to prevent further unacceptable incy-eases In hurricane evacuation
clearance time. Regulation of the rate of growth will also help to prevent
further deterioration of public facility service levels, Irreversible onvi-
4 rorunental degradation, and potontlat land use conflicts.
5 ROGO adopted pursuant to Ordinance 0 16-1992, adopted 6/23/1992
6
7 ROGO was implemented to secure and protect the safety of the Florida Keys' residents and visitors
8 against major hurricanes and to protect the significant natural environmental resources of the Florida
9 Keys.
10
11 The County originally reduced the annual permitting rate from approximately 500+units per year to 255
12 units per year. Later the State of Florida adjusted the annual allocations to 197 units per year. Each year's
13 ROGO allocation of 197 new units is split with a minimum of 71 units allocated for affordable housing
14 and market rate allocations cannot exceed 126 new residential units per year.
15
16 In 2012,pursuant to R. 28-20.140,Fla. Admin. Code,the Department of Economic Opportunity("DEO"
17 or"State Land Planning Agency") completed the hurricane evacuation clearance time modeling task and
18 found that with 10 years' worth of building permits, the Florida Keys would be at a 24-hour evacuation
19 clearance. Based upon the resulting 24-hour evacuation clearance, DEO determined the remaining
20 allocations for the Florida Keys (3,550 additional permits countywide, 1,970 of these permits would go
21 to Monroe County). In March 2013, the Governor and Cabinet, sitting as the State Administration
22 Commission, approved the recommendation to allocate 10 years' worth of additional growth to the
23 Florida Keys.
24
25 Previous Relevant BOCC Action
26 On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
27 which included a ROGO allocation distribution through the year 2023, based on R. 28-20.140, Fla.
28 Admin. Code, and DEO's completion of the hurricane evacuation clearance time modeling task that
29 found with 10 years' worth of building pen-nits the Florida Keys would be at a 24-hour evacuation
30 clearance time (Phase 2 of the 48-hour phased/staged evacuation).
31
32 On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to his executive
33 branch State Land Planning Agency (DEO) for a Keys Workforce Housing Initiative (Exhibit 1.).
'Per R.28-20,Fla.Admin. Code.
BOCC 07.15.2026 Page 3 of 30
File No. 2025-220
I The proposed initiative would allow 1,300 additional Rate of Growth Ordinance ("ROGO") allocations
2 throughout the Florida Keys ("ROGOs" or"Building Permit Allocation Systems") for rental workforce
3 housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a
4 hurricane evacuation. Any development receiving the units would be required to sign a rental
5 management agreement indicating they would be required to assure the evacuation of all occupants of
6 the development. Under the Workforce Initiative each jurisdiction would be eligible to receive up to 300
7 of these units. Governor Scott's press release specifically stated, "To meet the increased demand for
8 workforce housing,the innovative Keys Workforce Housing Initiative will require new construction that
9 participates to commit to evacuating renters in the 48-hour window of evacuation."
10
11 Commissioner Rice called a special BOCC meeting on May 10,2018, at 11 A.M.in Marathon to provide
12 the Board and the public with an opportunity to discuss the proposal prior to the Cabinet meeting
13 scheduled for May 15, 2018. At the May 10, 2018, special BOCC meeting the BOCC directed County
14 professional staff to discuss concerns identified with DEO and to provide an update to the BOCC at the
15 next BOCC meeting.
16
17 On May 16, 2018, the County Attorney provided the BOCC with a report on Governor Scott's proposal
18 for 1,300 additional ROGO allocations following meeting with DEO and other State staff. He apprised
19 the BOCC that there was to be a Cabinet meeting scheduled for June 13, 2018, to discuss the allocations
20 further.
21
22 On May 16, 2018, the BOCC directed County professional staff to present the BOCC's questions and
23 concerns regarding the Workforce Initiative at the upcoming Cabinet meeting scheduled for June 13,
24 2018.
25
26 On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
27 Florida Keys' local governments that chose to participate in the initiative would work with DEO to
28 amend their respective comprehensive plans to allow for additional building permits for rental
29 workforce housing with the condition of early evacuation.
30
31 DEO provided County professional staff with preliminary draft language based on the minimum
32 requirements established in the Initiative to use as a starting point when drafting proposed language
33 (Exhibit 2.). DEO issued the graphic below demonstrating the 2012 Hurricane Evacuation model results
34 that indicated there were still 6.5 hours of additional road capacity in Phase 1 of the hurricane evacuation
35 model.
BOCC 07.15.2026 Page 4 of 30
File No. 2025-220
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3
4 In support of the Initiative at the June 13, 2018,Florida Cabinet meeting, DEO staff made a presentation
5 stating that the Phase I evacuation (under the existing staged evacuation plan) can be accomplished in
6 17.5 hours, leaving additional capacity of 6.5 hours in Phase I. DEO concluded that the Initiative "will
7 not interfere with the 24-hour evacuation model and satisfies the statutory mandate toprovide affordable
8 housing. "
9
10 As noted, on May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to his
11 executive branch State Land Planning Agency(DEO) for a Keys Workforce Housing Initiative (Exhibit
12 1.). The proposed Initiative would allow 1,300 additional Rate of Growth Ordinance ("ROGO")
13 allocations throughout the Florida Keys ("ROGOs" or"Building Permit Allocation Systems").
14
15 Commissioner Rice called a special BOCC meeting on May 10,2018, at 11 A.M.in Marathon to provide
16 the Board and the public with an opportunity to discuss the proposal prior to the Cabinet meeting
17 scheduled for May 15, 2018. At the May 10, 2018, special BOCC meeting the BOCC directed County
18 professional staff to discuss concerns identified with DEO and to provide an update to the BOCC at the
19 next BOCC meeting.
20
21 On May 16, 2018, the County Attorney provided the BOCC with a report on Governor Scott's proposal
22 for 1,300 additional ROGO allocations following meeting with DEO and other State staff. He apprised
23 the BOCC that there was to be a Cabinet meeting scheduled for June 13, 2018, to discuss the allocations
24 further.
25
26 On May 16, 2018, the BOCC directed County professional staff to present the BOCC's questions and
27 concerns regarding the Workforce Initiative at the upcoming Cabinet meeting scheduled for June 13,
28 2018.
BOCC 07.15.2026 Page 5 of 30
File No. 2025-220
I On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
2 Florida Keys'local governments that choose to participate in the initiative will work with DEO to amend
3 their respective comprehensive plans to allow for additional building permits for rental workforce
4 housing with the condition of early evacuation.
5
6 On August 15, 2018, the BOCC directed County professional staff to prepare a discussion and direction
7 item regarding the Keys Workforce Housing Initiative for the September 19, 2018, regular BOCC
8 meeting
9
10 On September 19, 2018, the BOCC directed County professional staff to draft proposed policy
11 alternatives to the State's initiative that address several concerns raised related to the enforceability of
12 the evacuation provisions. Additionally, the BOCC asked the County Attorney to research whether the
13 State's Florida Keys Workforce Housing Initiative, which, if implemented, would create a precedent
14 that would require the state to award up to or as many as 10,000 additional units in the future.
15
16 On January 30,2019,the BOCC considered options to accept the 300 units. County professional staff
17 drafted three (3) options for consideration by the BOCC:
18 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through
19 2026;
20 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and
21 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023.
22
23 The BOCC took no action.
24
25 On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
26 out for an additional three (3)years from 2023 to 2026.
27
28 On January 22, 2020, the BOCC adopted Ordinance No. 005-2020 to extend the distribution of the
29 remaining market rate ROGOs for an additional three (3) years from 2023 to 2026.
30
31 On January 22, 2020,the BOCC directed County professional staff to prepare an agenda item to discuss
32 and provide direction on whether to direct professional staff to process Comprehensive Plan and Land
33 Development Code amendments to: 1) Move a portion of market-rate Rate Of Growth Ordinance
34 ("ROGO")units to the affordable housing allocation pool and/or 2) Accept the 300 Workforce Housing
35 units offered by the Department of Economic Opportunity ("DEO") required to evacuate in Phase 1 of
36 the Hurricane Evacuation model.
37
38 On February 19, 2020, the BOCC discussed whether to direct professional staff to process a
39 comprehensive plan and land development code amendment(s) to: 1) Move a portion of the 378
40 remaining Market Rate - Rate of Growth Ordinance ("ROGO") units through 2026 to the Affordable
41 Housing allocation pool and/or 2)Accept the 300 Workforce Housing units offered by DEO required to
42 evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the potential
43 shifting of market rate allocations to the affordable housing pool but did direct County professional staff
44 to start the process to accept the 300 workforce housing units.
45
46 On July 15, 2020, during a discussion item on potentially shifting market rate allocations to the
47 affordable housing pool (BOCC Agenda Item I5), the BOCC provided further direction to County
48 professional staff on accepting the 300 workforce housing early evacuation unit building permit
49 allocations. The BOCC directed: Accept the 300 workforce housing early evacuation unit building
BOCC 07.15.2026 Page 6 of 30
File No. 2025-220
I permit allocations to be used in exchange for existing affordable allocations at multifamily developments
2 (for developers that agree to the early evacuation restriction) and the affordable housing allocations
3 returned to the County (returned in the exchange)be set aside and banked for takings cases (bank them
4 within an administrative relief pool).
5
6 On January 20,2021,the BOCC adopted Resolution No. 041-2021 to transmit the proposed amendments
7 to DEO to review the 300 workforce housing early evacuation unit proposal, with a modification to
8 Policy 101.3.12 to eliminate the requirement for a development agreement. The information and/or
9 comments appeared to include the following: With the 300-unit amendment being structured as an
10 exchange program, the projects exchanging units have previously completed their development review
11 and multiple hearings for a development agreement seemed unnecessary, time consuming and costly;
12 the BOCC and professional staff can review and approve the exchange through a resolution approving
13 a contract. DEO reviewed the amendment and issued an Objections, Recommendations and Comments
14 ("ORC") report, received by the County on March 30, 2021. The ORC report stated, "the Department
15 does not identify any objections or comments to the proposed amendment."
16
17 On April 21, 2021, the BOCC adopted Ordinance No. 2021-005 and Ordinance No. 2021-006
18 authorizing the acceptance of the 300 early evacuation allocations from the State and to allow said
19 allocations be used in exchange for existing affordable units/approved affordable allocations.
20 Additionally, the Ordinances included provisions that allow the returned affordable units/allocations to
21 be banked to resolve potential takings and/or Harris Act cases.
22
23 At the September 11, 2024, the BOCC approved transmittal to the State Land Planning Agency an
24 ordinance that allows Cemex Construction Materials Florida LLC (f/k/a Singletary Concrete Products
25 Inc.) to use 86 early evacuation unit building permit allocations on one site in Tavernier without
26 satisfying the 1-for-1 takings and Bert Harris Act liability reduction exchange requirement currently
27 contained in the Monroe County Comprehensive Plan and Land Development Code.
28
29 At the September 11, 2024, BOCC meeting,the BOCC additionally directed Planning&Environmental
30 Resources Department professional staff to begin processing Comprehensive Plan and Land
31 Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act liability
32 reduction exchange requirement for the remaining 214 early evacuation unit building permit allocations.
33
34 At the December 11, 2024, BOCC meeting, the BOCC adopted Ordinance No. 030-2024 which
35 approved a newly created site-specific subarea in Tavernier that permits Cemex Construction Materials
36 Florida LLC (f/k/a Singletary Concrete Products Inc.) to use 86 of the County's early evacuation unit
37 building permit allocations on a single site in Tavernier without meeting the requirement of the 1-for-1
38 takings and Bert Harris Act liability reduction exchange program contained in the current
39 Comprehensive Plan and Land Development Code.
40
41 During the August 20, 2025, BOCC meeting, the BOCC adopted Ordinance No. 019-2025 (LDC
42 amendment) and Ordinance No. 018-2025 (Comprehensive Plan amendment). On November 4, 2025,
43 in response to the County's transmittal of Ordinance No. 018-2025, the State Land Planning Agency
44 alleged, through a letter, that"Monroe County's adopted amendment 25-03ACSC is more restrictive or
45 burdensome making it null and void ab initio pursuant to Section 28 of Chapter 2025-190, L.O.F."
46
47 Community Meeting and Public Participation
BOCC 07.15.2026 Page 7 of 30
File No. 2025-220
I In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan and
2 Land Development Code text amendments was held on November 24, 2025, via Zoom Webinar and
3 provided for public input. There were no public comments received.
4
5 Development Review Committee (DRC) Meeting and Public Input: On January 27, 2026, the DRC
6 considered the proposed amendment and provided for public input. On January 29, 2026, the Chair of
7 the DRC signed Resolution No. DRC 02-26, recommending approval of the proposed text amendment.
8
9 Monroe County Planning Commission Meeting and Public Input
10 On February 25, 2026, the Monroe County Planning Commission considered the proposed amendment,
11 provided for public input and recommended approval to the Board of County Commissioners of the
12 proposed amendment to the Monroe County Comprehensive Plan with inclusion of the following
13 sentence, shown as double-underline, added to Policy 101.3.12(1):
14
15 For developments owned or operated by a ,government agency or public housing authority, property
16 management is not required to be located onsite as indicated in this subsection and Comprehensive Plan
17 Policy 101.3.12, but must be available at all times to respond to evacuation orders. However. the
18 government agency or public housing authority will oversee and enforce requested evacuation of the
19 residents and must be available at all times to respond to evacuation orders.
20
21 Further professional staff review of the proposed revision to Policy 101.3.12(1) resulted in a
22 recommendation to replace the term "enforce" with "coordinate." Monroe County Planning and
23 Environmental Resources Department professional staff support the use of"coordinate," as reflected in
24 the proposed language below and the draft ordinance.
25
26 Board of County Commissioners Transmittal to State Land Planning Agency
27 The BOCC, at its March 11, 2026, regular public meeting, held a public hearing to consider the
28 transmittal of the proposed text amendment, considered the professional staff report, and provided for
29 public comment and public participation in accordance with the requirements of state and local law and
30 the procedures adoption for public participation in the planning process. The BOCC adopted Resolution
31 No. 108-2026 transmitting the proposed amendment to the State Land Planning Agency for review and
32 comment.
33
34 Following their review of the proposed amendment, the State Land Planning Agency issued an
35 Objections, Recommendations and Comments ("ORC")report on May 27, 2026 (Exhibit 6). The State
36 Land Planning Agency did not identify any objections or comments to the proposed amendment.
37
38 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
39
Proposed Amendment: deletions are shown in ; additions are shown in red
underline.
40
41 Objective 101.2
42 As mandated by the State of Florida,pursuant to Section 380.0552,F.S. and Rule 28-20.140,F.A.C.,
43 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
44 hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning
45 Agency relative to the 2012 Memorandum of Understanding that has been adopted between the
46 County and all the municipalities and the State agencies.
BOCC 07.15.2026 Page 8 of 30
File No. 2025-220
1
2 Policy 101.2.1
3 Monroe County shall maintain a memorandum of understanding with the State Land Planning
4 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
5 Beach, and Layton to stipulate,based on professionally acceptable data and analysis, the input
6 variables and assumptions, including regional considerations, for utilizing the Florida Division
7 of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations
8 ("TIME") Model to accurately depict evacuation clearance times for the population of the
9 Florida Keys.
10
11 Policy 101.2.2
12 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency
13 and Division of Emergency Management to update the variables and assumptions for the
14 evacuation clearance time modeling and analyses of the build-out capacity of the Florida Keys
15 Area of Critical State Concern based upon the release of the decennial Census data. Pursuant
16 to the 2012 eoff4A4&d hurricane evacuation clearance time modeling by the State Land
17 Planning Agency, which incorporates the 2010 Census data, the County may allocate 10 years'
18 worth of growth(197 x 10= 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140,
19 F.A.C.) through the year 2023, while maintaining an evacuation clearance time of 24 hours.
20 The County adopted a slower rate of annual allocations for market rate development to extend
21 the allocation timeframe to 2026 without exceeding the total of 1,970 allocations (see Policy
22 101.3.2). The County shall reevaluate the annual ROGO allocation rate based on: 1) statutory
23 changes for hurricane evacuation clearance time requirement standards; 2) new hurricane
24 evacuation modeling by the State Land Planning Agency and Division of Emergency
25 Management; and 3) a new or revised memorandum of understanding with the State Land
26 Planning Agency,Division of Emergency Management,Marathon,Islamorada,Key West,Key
27 Colony Beach and Layton (see Policy 101.2.1).
28
29 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe
30 County shall establish a new allocation category to accept and award 300 affordable workforce
31 housing early evacuation unit building permit allocations pursuant to the Workforce-Affordable
32 Housing Initiative (Policy 101.3.12 Workforce Initiative). These allocations are in addition to
33 the maximum allocations identified in Rules 28-20, F.A.C., and shall be required to evacuate
34 in Phase 1 of the 48-hr evacuation of a pending major hurricane.
35
36 Policy 101.2.3
37 The County will consider capital improvements based upon the need for improved hurricane
38 evacuation clearance times, including potential impacts from sea level rise to the County's
39 evacuation route. The County will coordinate with the FDOT,the state agency which maintains
40 U.S.1, to ensure transportation projects that maintain and improve clearance times are
41 prioritized.
42
43 Policy 101.2.4
44 In the event of a pending major hurricane(Category 35)Monroe County shall implement the
45 following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
46 hurricane evacuation clearance time for the resident population.
47 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
48 residents,visitors,recreational vehicles(RVs),travel trailers,live-aboard vessels(transient
49 and non-transient), military personnel, units approved- and deed restricted as affordable
BOCC 07.15.2026 Page 9 of 30
File No. 2025-220
I workforce housing early evacuation units from the Florida Keys shall be initiated. State
2 parks and campgrounds should be closed at this time or sooner and entry into the Florida
3 Keys by non-residents should be strictly limited.
4 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of
5 mobile home residents, special needs residents, and hospital and nursing home patients
6 from the Keys shall be initiated.
7 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation
8 of permanent residents by evacuation zone (described below) shall be initiated. Existing
9 evacuation zones are as follows:
10 a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
11 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
12 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
13 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 63-
14 106.5 and MM 1-9.5 of CR 905)
15 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
16
17 The actual sequence of the evacuation by zones will vary depending on the individual storm.
18 The concepts embodied in -these staged evacuation procedures should be embodied in the
19 appropriate County operational Emergency Management Plans.
20
21 The evacuation plan shall be monitored and updated on an annual basis to reflect increases,
22 decreases and or shifts in population;particularly the resident and non-resident populations.
23
24 For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of
25 allocations to more than 197 residential units a year, except for affordable housing. Any
26 increase in the number of allocations shall be for affordable housing. Monroe County hereby
27 accepts 300 affordable workforce -a �, � housing early evacuation unit building permit
28 allocations pursuant to the Workforce-Affordable Housing Initiative (Policy 101.3.12
29 Workforce Initiative)authorized by the Florida Administration Commission, Chapter 2023-17,
30 Laws of Florida and the State Land Planning Agency llril dt-�cri�
31 . These early evacuation allocations are in addition to the maximum allocations
32 identified in Rules 28-20, F.A.C., and shall be restricted to rental occupancy for those who
33 derive at least 70% of their income as members of the workforce in Monroe County and who
34 meet the affordable housing income categories of the Monroe County Land Development Code.
35 The early evacuation allocations shall be required to evacuate in Phase 1 of the 48-hr evacuation
36 as provided in Policy 101.2.4 No new additional residential
37 dwelling unit allocations shall be authorized within the Phase 1 of the 48-hr evacuation unless
38 approved and provided by the Florida Administration Commission and the State Land Planning
39 Agency r after review of hurricane evacuation
40 modeling results by the State Land Planning Agency and the Division of Emergency
41 Management of available evacuation capacity and a review of the level of service and available
42 capacity for all public facilities.
43
44 Objective 101.3
45 Monroe County shall regulate new residential development based upon the finite carrying capacity
46 of the natural and man-made systems and the growth capacity while maintaining a maximum
47 hurricane evacuation clearance time of 24 hours.
48
49
BOCC 07.15.2026 Page 10 of 30
File No. 2025-220
I Policy 101.3.1
2 Monroe County shall maintain a Permit Allocation System for new residential development
3 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation
4 System shall limit the number of permits issued for new residential dwelling units. The ROGO
5 allocation system shall apply within the unincorporated area of the county, excluding areas
6 within the county mainland and within the Ocean Reef planned development (Future
7 development in the Ocean Reef planned development is based upon the December 2010 Ocean
8 Reef Club Vested Development Rights Letter recognized and issued by the Department of
9 Community Affairs). New residential dwelling units included in the ROGO allocation system
10 include the following: affordable housing units; market rate dwelling units; mobile homes;
11 institutional residential units (except hospital rooms) and affordable workforce housing early
12 evacuation units.
13
14 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a
15 distinct location, and therefore cannot be accounted for in the County's hurricane evacuation
16 model. Under no circumstances shall a vessel, including live-aboard vessels, or associated wet
17 slips be transferred upland or converted to a dwelling unit of any other type. Vessels or
18 associated wet slips are not considered ROGO allocation awards, and may not be used as the
19 basis for any type of ROGO exemption or THE (Transfer of ROGO Exemption).
20
21 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units;
22 and seasonal residential units are subject to Policy 101.3.5.
23
24 For purposes of this Policy, the redevelopment or replacement of any lawfully established unit
25 within the Venture out community, which is located in the Lower Keys at MM23 on Cudjoe
26 Key, that does not increase the number of units, above that which existed on or before January
27 4, 1996, shall be exempt from the permit allocation (ROGO) system. Policies 101.3.5 and
28 101.6.8 shall not apply to Venture Out, and the units within Venture Out may be developed as
29 either detached dwelling, mobile home or recreational vehicle use through the approval of a
30 building permit, provided the following are met:
31 1. To not increase the hurricane evacuation clearance time of permanent residents, in
32 the event of a pending major hurricane (Category 35), a mandatory evacuation
33 of all occupants of units within Venture Out, regardless of unit type, is required at
34 least 48 hours in advance of tropical storm winds. Approximately 48 hours in
35 advance of tropical storm winds, a mandatory evacuation of occupants residing in
36 a permanent unit shall be initiated and a mandatory evacuation of both the
37 occupants of recreational vehicles (RVs) and the RVs shall be initiated;
38 2.Notwithstanding the provisions of Policy 101.5.5,the interchangeability of detached
39 dwelling (permanent), mobile home (permanent) and recreational vehicles
40 (transient) uses may occur only within the gated Venture Out community with a
41 managing entity responsible for evacuation;
42 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
43 prohibited;
44 4. Recreational Vehicles must meet all land development regulations, floodplain
45 management regulations and any building code requirements for recreational
46 vehicles;
47 5. A recreational vehicle must have current licenses required for highway travel, be
48 attached to the site only by the quick disconnect-type utilities, and no permanent
49 additions such as sun rooms or state rooms shall be permitted;
BOCC 07.15.2026 Page 11 of 30
File No. 2025-220
1 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit, regardless
2 of use type, within the Venture Out community may be transferred to another site
3 outside of the Venture Out community; and
4 7.In no case shall recreational vehicles (transient units)be developed as a hotel/motel.
5
6 Policy 101.3.2
7 The number of permits issued for residential dwelling units under the Rate of Growth
8 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,2013
9 through July 12, 2026, plus any available unused ROGO allocations from a previous ROGO
10 year and 300 affordable workforce housing early evacuation unit building permit allocations
11 authorized by the Florida Administration Commission, Chapter 2023-17, Laws of Florida, and
12 the State Land A ROGO year
13 means the twelve-month period beginning on July 13. Market rate allocations shall not to
14 exceed 126 residential units per year. Unused allocations for market rate shall be available for
15 Administrative Relief
16
17 In 2012, pursuant to Rule 28-20.140, F.A.C., the State Land Planning Agency D a ,
18 i&44ppeAw+4)-completed the hurricane evacuation clearance time modeling task and
19 found that with 10 years' worth of building permits, the Florida Keys would be at a 24 hour
20 evacuation clearance time. This creates challenges for State of Florida and Monroe County as
21 there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier I11-A(SPA);
22 3,301 Tier III, and 235 No tier(ORCA, etc.)] and with 1,970 new allocations this may result in
23 a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future.
24 In recognition of the possibility that the inventory of vacant parcels exceeds the total number
25 of allocations which the State will allow the County to award,the County adopted a slower rate
26 of annual allocations for market rate development to extend the allocation timeframe to 2026
27 and is accepting 300 affordable workforce '4 ,4,,b10 housing early evacuation unit building
28 permit allocations pursuant to the Workforce-Affordable Housing Initiative (Policy 101.3.12
29 Workforce Initiative)authorized by the Florida Administration Commissiong Chapter 2023-17,
30 Laws of Florida and the State Land Planning_Agency l l ri dt-1 c r is
31 . These affordable workforce housing early evacuation allocations that are in
32 addition to the maximum building permit allocations identified in Rules 28-20, F.A.C. The
33 County will consider adopting an extended timeframe for distribution of the ROGO allocations
34 through 2033 with committed financial support from its State and Federal partners. This
35 timeframe can provide a safety net to the County and provide additional time to implement land
36 acquisition and other strategies to reduce the demand for ROGO allocations and help transition
37 land into public ownership.
38
39 The County is actively engaged in acquisitions and is requesting its State and Federal partners
40 for assistance with implementing land acquisitions in Monroe County. The County will allocate
41 the 1,970 new dwelling unit allocations through July 12, 2026. If substantial financial support
42 is provided by July 12, 2023, the County will reevaluate the ROGO distribution allocation
43 schedule and consider an extended timeframe for the distribution of market rate allocations
44 (through a comprehensive plan amendment). Further, the State and County shall develop a
45 mutually agreeable position defending inverse condemnation cases and Bert J. Harris, Jr.
46 Private Property Rights Protection Act cases, with the State having an active role both directly
47 and financially in the defense of such cases.
48
BOCC 07.15.2026 Page 12 of 30
File No. 2025-220
I The County shall distribute ROGO allocations by ROGO year, as provided in the table below.
2
Annual Allocation
ROGO Year Affordable Workforce
Market Rate Affordable Housing ousin Early
Evacuation Initiative
July 13, 2013—July 12, 2014 126 71
July 13, 2014—July 12, 2015 126 71
July 13, 2015—July 12, 2016 126
July 13, 2416—July 12, 2017 126
N/A
July 13, 2017—July 12, 2018 126
July 13, 2018—July 12, 2019 126
July 13, 2019—July 12, 2020 126 568 total AFH
July 13, 2020—July 12, 2021 64 (total available
July 13, 2021—July 12, 2022 64 immediately)
July 13, 2022—July 12, 2023 64
July 13, 2023—July 12, 2024 62 300**
July 13, 2024—July 12, 2025 62
July 13, 2025—July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
** Affordable Wworkforce housing early evacuation unit buildinLy permit allocations shall be available
countywide (unincorporated county) in the Upper and Lower Keys subareas and distributed on a first-
come first-serve basis. Requests for dwelling units developed and/or deed-restricted utilizing the
affordable workforce housing early evacuation unit building er it allocations are subject to the
provisions of Policy 101.3.12.
3
4 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
5 allocation rate. Monroe County will request a Rule change from the Administration
6 Commission to authorize the above allocation timeframe and rate.
7
8 Policy 101.3.3
9 Monroe County shall allocate at least 20% of the annual allocation, or as may be established
10 by the State of Florida, pursuant to Administration Commission Rules, to affordable housing
11 units as part of ROGO. Any portion of the allocations not used for affordable housing shall be
12 retained and be made available for affordable housing from ROGO year to ROGO year.
13 Affordable housing eligible for this separate allocation and affordable workforce housing early
14 evacuation units shall meet the criteria specified in Policy 601.1.4 and the Land Development
15 Code, but shall not be subject to the competitive Residential Permit Allocation and Point
16 System in Policy 101.6.4. Any parcel proposed for affordable housing or affordable workforce
BOCC 07.15.2026 Page 13 of 30
File No. 2025-220
I housing early evacuation units shall not be located within an area designated as Tier I as set
2 forth under Goal 105 or within a Tier III-A Special Protection Area as set forth in Policy
3 205.1.1.
4
5 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing ROGO
6 allocations may be awarded to Tier I or Tier III-A properties which meet all of the following
7 criteria:
8 1. The property contains an existing market rate dwelling unit that meets the criteria in LDC
9 Section 138-22(a) and is determined to be exempt from ROGO;
10 2. The proposed replacement affordable dwelling unit meets current Florida Building Code and
11 is not a mobile home;
12 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99
13 years as affordable housing pursuant to the standards of the Land Development Code; and
14 4. The proposed site plan for the replacement affordable dwelling unit does not propose any
15 additional clearing of habitat.
16
17 Policy 101.3.4
18 The Permit Allocation System(or Rate of Growth Ordinance) for new residential development
19 shall specify procedures for:
20 1. establishing the annual number of Fflit-s allocations for new residential units to be issued
21 during the next ROGO year based upon, but not limited to the following:
22 a. expired allocations and building permits in previous year;
23 b. allocations available,but not allocated in previous year;
24 c. number of allocations borrowed from future quarters;
25 d. vested allocations;
26 e. modifications required or provided by Administration Commission Rules;
27 f. modifications required or provided by this plan or agreement pursuant to Chapter 380,
28 Florida Statutes; and
29 g. receipt or transfer of affordable housing allocations by intergovernmental agreement;
30 and
31 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation Clearance
32 Time Memorandum of Understanding.
33 2. allocation of affordable housing., affordable workforce housing early evacuation units
34 buildinly_pennit allocations and market rate housing units in accordance with Policies
35 101.3.2 and 101.3.3; and
36 3. timing of the acceptance of applications, evaluation and scoring of applications, and issuance
37 of permits for new residential development during the calendar year.
38
39 Policy 101.3.5
40 Due to the limited number of allocations and the State's requirement that the County maintain
41 a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit
42 new transient residential allocations for hotel or motel rooms, campground spaces, or spaces
43 for parking a recreational vehicle or travel trailer July 2026. Lawfully established transient units
44 shall be entitled to one unit for each type of unit in existence before January 4, 1996, for use as
45 a ROGO exemption.
46
47 Policy 101.3.6
48 All public and institutional uses (except hospital rooms) that predominately serve the County's
49 non-transient population and which house temporary residents shall be subject to the Permit
BOCC 07.15.2026 Page 14 of 30
File No. 2025-220
I Allocation System for residential development, except upon factual demonstration that such
2 transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation
3 clearance time of Monroe County.
4
5
6
7 Policy 101.3.9
8 For those ROGO applications and properties which have not received a ROGO award for four
9 consecutive years and have applied for administrative relief, which are designated Tier I, II, or
10 IIIA,the County or the State shall offer to purchase the property if funding for such is available.
11 Refusal of the purchase offer shall not be grounds for granting a ROGO award.
12
13 Policy 101.3.10
14 Notwithstanding any other provision of the Plan, except the last sentence of this Policy
15 101.3.10, building allocations utilized for affordable housing projects may be pooled and
16 transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO subarea,
17 and between local government jurisdictions within the Florida Keys Area of Critical State
18 Concern (ACSC). Any such transfer of affordable housing allocations between local
19 government jurisdictions must be accomplished through an interlocal agreement between the
20 sending and receiving local governments. Interlocal agreements that involve assigning the
21 County's affordable housing (not including affordable housing allocations banked for takings
22 cases) allocations to existing dwelling units within a municipality with a requirement that the
23 associated market rate ROGO/BPAS exemptions be transferred into the unincorporated County
24 as an exchange for the affordable housing allocations transferred to the municipality, shall be
25 accomplished through a minor conditional use permit approval and shall be subject to the
26 receiver site criteria in Policy 101.6.8 and may be transferred to any subarea within the
27 unincorporated County.
28
29 In no event shall the County.
30 (1) pool and transfer affordable workforce housing early evacuation unit buildin er it
31 allocations between ROGO sub-areas,
32 (2) transfer affordable workforce housing early evacuation unit building pennit allocations
33 to another government jurisdiction,
34 (3) receive affordable workforce housing early evacuation unit building permit allocations
35 from another government jurisdiction,; or
36 (4) transfer affordable housing ROGO allocations received by the County in exchange for
37 affordable workforce housing building permit early evacuation unit allocations to
38 another government jurisdiction.
39
40 Notwithstanding Policy 101.3.10(2), affordable workforce early evacuation unit building
41 permit allocations may be transferred to another government jurisdiction for County-initiated
42 affordable housing projects within incorporated cities, as approved by an interlocal agreement
43 as approved by the BOCC.
44
45 Policy 101.3.11
46 Monroe County may receive additional building permit allocations pursuant to the 2012
47 completed hurricane evacuation clearance time modeling and allocation recommendations by
48 the State Land Planning Agency and the Administration Commission's direction that the City
49 of Key West \transfer annually (by July l5th) any remaining unused allocations for that year
BOCC 07.15.2026 Page 15 of 30
File No. 2025-220
I to the other Florida Keys' local governments based upon the local governments'ratio of vacant
2 land. Any transferred allocations from the City of Key West to Monroe County shall be made
3 available for Administrative Relief. Monroe County may receive, and award 300 building
4 permit allocations designated as affordable workforce housing early evacuation units pursuant
5 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
6 provided by the Florida Administration Commission and the State band Planningg ecy
7 These early evacuation allocations that are in
8 addition to the maximum allocations identified in Rules 28-20,F.A.C., and shall be required to
9 evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
10
I I Policy 101.3.12
12 Affordable Workforce Etousinn, Early Evacuation Initiative. To support Monroe County's
13 workforce by alleviating constraints on affordable housing, to protect private property rights
14 and address potential liability,the County is participating in the Workforce-Affordable Housing
15 Initiative (Workforce Initiative), as approved during the June 13, 2018 meeting of the Florida
16 Administration Commission. Monroe County accepts the 300 affordable workforce housing
17 early evacuation building permit allocations pursuant to the Workforce-Affordable Housing
18 Initiative authorized by the Florida Administration Commission, Chapter 2023-17, haws of
19 Florida, and the State Land Planning A egc�?- ace; The
20 Workforce-Affordable Housing Initiative will require dwelling units constructed and/or deed
21 restricted with workforce housing early evacuation building permit allocations to evacuate
22 occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane, pursuant to the
23 criteria below.
24
25 To participate in the Workforce Initiative, Monroe County shall be responsible for the
26 management, distribution, and enforcement of requirements associated with the affordable
27 workforce housing early evacuation building permit allocations. Monroe County shall ensure
28 adherence to these requirements through implementation of this policy and shall annually
29 provide to the State Land Planning gency �d,,;� ��4 � d;�B�it�=a report
30 indicating the number of affordable workforce housing early evacuation units built and/or deed
31 restricted, occupancy rates, and compliance with the requirement to evacuate the units in Phase
32 I of an evacuation. The annual report shall be provided to the State in a timely manner such that
33 the State may include the information in the required Annual Report to the G rvef*e -mod
34 GabiffL4 Florida Administration Commission on the County's progress toward completion of
35 its Work Program pursuant to Rule 28-20, F.A.C.
36
37 Dwelling units developed and/or deed restricted utilizing the aff)rdable workforce housing
38 early evacuation unit building-pen-nit allocations are subject to the following:
39
40 (a) Requests for affordable workforce housing early evacuation unit building-Ten-nit
41 allocations
42 require a reservation via BOCC resolution. The BOCC may, at
43 its discretion,place conditions on any reservation as it deems appropriate such as establishing
44 the income categories for allocations rg anted. " ' r,
45 r t h� WortitiLG to
46 prime ° ota�
47
48
49
BOCC 07.15.2026 Page 16 of 30
File No. 2025-220
3
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27 (gib) All affordable workforce housing early evacuation units require a deed-restriction
28 ensuring:
29 (1) Before any building permit may be issued for any structure, portion or phase of a
30 project subject to the Workforce Initiative, a restrictive covenant shall be approved
31 by the Planning Director and County Attorney and recorded in the Office of the Clerk
32 of the County to ensure compliance with the provision of this section running in favor
33 of the County and enforceable by the County and, if applicable, a participating
34 municipality. The following requirements shall apply to these restrictive covenants:
35 a. The covenants for any workforce housing early evacuation units shall be effective
36 for 99 years.
37 b. The covenants shall not commence running until a certificate of occupancy has
38 been issued by the Building Official for the dwelling unit or dwelling units to
39 which the covenant or covenants apply.
40 c. For existing dwelling units that are deed-restricted as workforce housing early
41 evacuation units, the covenants shall commence running upon recordation in the
42 Official Records of Monroe County.
43 (2) The covenants shall require that the workforce housing early evacuation units to be
44 restricted to rental occupancy for those who derive at least 70% of their income as
45 members of the workforce in Monroe County and who meet the affordable housing
46 income categories of the Monroe County Land Development Code. The occupants
47 are required to annually verify their employment and income eligibility.
48 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation
49 of a pending major hurricane. Persons living in the workforce housing early
BOCC 07.15.2026 Page 17 of 30
File No. 2025-220
I evacuation units who may be exempted from evacuation requirements are limited to
2 law enforcement, correctional and fire personnel, health care personnel, and public
3 employees with emergency management responsibilities. If there is an occupant that
4 indicates their employment is considered a `first-responder position' and not included
5 in the list of exemptions above,then the Planning Director shall determine,in writing,
6 whether the person may be exempted because of a requirement to remain during an
7 emergency. Any person claiming exemption under this provision shall submit of an
8 affidavit of qualification and faithfully certify their status with the onsite property
9 management.
10 (4) The covenants shall require rental agreements which contain a separate disclosure
11 requiring rental occupants to acknowledge the existing restrictive covenant on the
12 unit requiring evacuation in Phase 1 of the 48-hr evacuation and that failure to adhere
13 to the Phase 1 evacuation requirement could result in severe penalties, including
14 eviction, to the occupant.
15 (5) The covenants shall require onsite property managers and a separate employment
16 disclosure requiring the maintenance of training in evacuation procedures and an
17 acknowledgement that failure to adhere to the Phase 1 evacuation requirement could
18 result in severe penalties, including termination.
19 (dc) Affordable Wworkforce housing early evacuation units shall be restricted to rental
20 occupancy for those who derive at least 70% of their income as members of the workforce
21 in Monroe County and who meet the affordable housing income categories of the Monroe
22 County Land Development Code.Workforce means individuals or families who are gainfully
23 employed supplying goods and/or services to Monroe County residents or visitors.
24 (od)Affordable Wworkforce housing early evacuation units shall require onsite property
25 management with property managers trained in evacuation procedures and required to
26 manage the evacuation of tenants in Phase I of an evacuation. During traditional working
27 hours, the property manager must be at an office within the affordable workforce housing
28 early evacuation unit development subject property. Outside the traditional working hours,
29 the property manager must be available at all times to respond to evacuation orders.
30 (fe) The property management entity for the affordable workforce housing early evacuation
31 units shall be required to annually verify the employment and income eligibility of tenants;
32 report the total units on the site, the occupancy rates of units, and tenant compliance with the
33 requirement to evacuate the units in Phase I of an evacuation, including the number of
34 occupants that are exempt from the evacuation requirements. The property management
35 entity must submit a report to the Planning and Environmental Resources Department by
36 May 1 of each year. Further, each lease and this annual report shall be kept by the property
37 manager and be available for inspection by the County during traditional working hours.
38 (gf Affordable Wworkforce housing early evacuation units shall be located within an area
39 designated as Tier III.
40 (hg) Affordable Wworkforce housing early evacuation units shall not be located in the V-
41 Zone or within a Coastal Barrier Resource System (CBRS).
42 (ilk) Affordable Wworkforce housing early evacuation units shall be located on a property
43 which has all infrastructure available (potable water, adequate wastewater treatment and
44 disposal wastewater meeting adopted LOS,paved roads, etc.).
45 Gi) All affordable workforce housing early evacuation units must demonstrate compliance
46 with all applicable federal standards for accessibility for persons with disabilities (ADA
47 Compliance).
48 (ki) To the greatest extent practicable, a development utilizing affordable workforce housing
49 early evacuation unit building-permit allocations shall incorporate sustainable and resilient
BOCC 07.15.2026 Page 18 of 30
File No. 2025-220
I design principles into the overall site design ..
we�,rr-
3k} To the greatest extent practicable, a develop ent utilizing affordable workforce housing
4 early evacuation unit buildinglserrrdt allocations shall be located in close proximity to
5 employment centers in I�ey�Jestg Stoe k Island and Marathon.
6 (1)For developments owned or operated byaa government agency or public housing authority,
7 propeLty management is not required to be located onsite as indicated in this subsection and
8 Comprehensive Plan Policy 101.3.12, but must be available at all times to respond to
9 evacuation orders.However,the government agency or public housing authority will oversee
10 and coordinate requested evacuation of the residents and must be available at all times to
11 respond to evacuation orders.
12
13 GOAL 601
14 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
15 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population
16 based on type, tenure characteristics, unit size and individual preferences.
17
18 Objective 601.1
19 To ensure that affordable housing opportunities are available throughout the entire community and
20 to maintain a balanced and sustainable local economy and the provision of essential services,Monroe
21 County shall implement the following defined policies to reduce estimated affordable housing need
22 for its workforce and households in the very low, low, median and moderate income classifications.
23 [F.S. § 163.3177(6)(f)l.]
24
25 Policy 601.1.1
26 Monroe Comity shall maintain land development regulations, in conjunction with the Permit
27 Allocation System, for apportioning future affordable housing development.
28
29 Policy 601.1.2
30 Monroe County shall continue its participation in Federal and State housing assistance
31 programs to rehabilitate owner and rental housing for very low, low, median, and moderate
32 income residents by seeking grants, loans, and technical assistance in conjunction with the
33 Monroe County Housing Authority. Monroe County shall also participate, as appropriate, in
34 FEMA Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA)
35 Program and Community Development Block Grant - Disaster Recovery (CDBG-DR) grant
36 programs to support the completion of flood mitigation projects, such as the elevation of homes
37 above base flood level to reduce the risk of future flood damage. [F.S. § 163.3177(6)(t)3.]
38
39 Policy 601.1.3
40 The Monroe County Land Authority shall maintain a list of buildable properties owned or
41 targeted for acquisition by the Land Authority which potentially could be donated or made
42 available for affordable housing. This list will be updated annually and made available to the
43 public. The guidelines established in Policies 601.1.10 and 601.1.11 shall be considered in the
44 formulation of this list.
45
46 Policy 601.1.4
47 All affordable housing projects which receive development benefits from Monroe County,
48 including but not limited to ROGO allocation award(s) reserved for affordable housing,
49 maximum net density, or donations of land, shall be required to maintain the project as
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File No. 2025-220
I affordable for a period of 99 years pursuant to deed restrictions or other mechanisms specified
2 in the Land Development Code, and administered by Monroe County or the Monroe County
3 Housing Authority.
4
5 Policy 601.1.5
6 If Monroe County funding or County-donated land is to be used for any affordable housing
7 project, alternative sites shall be assessed according to the following guidelines:
8 1. The location of endangered species habitat. Sites within known, probable, or potentially
9 suitable threatened or endangered species habitat shall be avoided.
10 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall be
11 determined according to the ranking specified in the Environmental Design Criteria
12 section of the Land Development Code. Disturbed sites shall be selected, unless no
13 feasible alternative is available.
14 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be avoided.
15 4. The level of service provided in the vicinity for all public facilities. Areas which are at or
16 near capacity for one or more public facility should be avoided.
17 5. Proximity to employment and retail centers. Sites within five miles of employment and
18 retail centers shall be preferred.
19
20 Policy 601.1.6
21 Monroe County shall identify funding sources that could be made available to support
22 community-based non-profit organizations such as Habitat for Humanity in their efforts to
23 provide adequate affordable housing.
24
25 Policy 601.1.7
26 Monroe Comity shall continue to participate in the State Housing Incentives Partnership
27 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe County
28 shall also continue to maintain a Local Housing Assistance Plan and Affordable Housing
29 Incentive Strategies as specified in the Act and recommended by the Monroe County
30 Affordable Housing Advisory Committee.
31
32 Policy 601.1.8
33 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
34 established by the State of Florida,pursuant to Administration Commission Rules,to affordable
35 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate
36 allocation must meet the criteria established in the Land Development Code. Monroe County
37 may award 300 additional building permit allocations designated as affordable workforce
38 housing early evacuation units pursuant to the Workforce-Affordable Housing Initiative(Policy
39 101.3.12 Workforce Initiative)as provided by the Florida Administration Commission.Chapter
40 2023-17 Laws of Florida, and the State Land Planning A
41 . These building er it allocations are in addition to the maximum allocations
42 identified in Rules 28-20, F.A.C., are restricted to rental occupancy for those who derive at
43 least 70% of their income as members of the workforce in Monroe County and who meet the
44 affordable housing income categories of the Monroe County Land Development Code, and
45 shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
46
47
BOCC 07.15.2026 Page 20 of 30
File No. 2025-220
I IV. ANALYSIS OF PROPOSED AMENDMENT
2 The proposed amendment would divert the County's remaining 214 early evacuation unit building
3 permit allocations from the Monroe County Comprehensive Plan's existing requirement to meet the I-
4 for-I inverse condemnation ("takings") and Bert Harris Act liability reduction program to private
5 development for potential development of new workforce affordable units with various income limits.
6 While this will result in the reduction of additional allocations potentially banked to resolve takings and
7 Bert Harris Act claims county-wide, it would give rise to the potential development of new code
8 compliant housing.
9
10 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
11 PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES.
12
13 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
14 County 2030 Comprehensive Plan. Specifically, it furthers:
15
16 GOAL 101
17 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
18 residents and visitors, and protect valuable natural resources.
19
20 Objective 101.2
21 As mandated by the State of Florida,pursuant to Section 380.0552,F.S. and Rule 28-20.140,F.A.C.,
22 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
23 hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning
24 Agency relative to the 2012 Memorandum of Understanding that has been adopted between the
25 County and all the municipalities and the State agencies.
26
27 Policy 101.2.1
28 Monroe County shall maintain a memorandum of understanding with the State Land Planning
29 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
30 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
31 variables and assumptions, including regional considerations, for utilizing the Florida Division of
32 Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME")
33 Model to accurately depict evacuation clearance times for the population of the Florida Keys.
34
35 Objective 101.3
36 Monroe County shall regulate new residential development based upon the finite carrying capacity
37 of the natural and man-made systems and the growth capacity while maintaining a maximum
38 hurricane evacuation clearance time of 24 hours.
39 Policy 101.3.5
40 Due to the limited number of allocations and the State's requirement that the County maintain a
41 maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new
42 transient residential allocations for hotel or motel rooms, and any lock-out units,campground spaces,
43 or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully established transient
44 units shall be entitled to one unit for each type of unit in existence before January 4, 1996, for use as
45 a ROGO exemption. (Ord. No. 010-2021)
46
47
BOCC 07.15.2026 Page 21 of 30
File No. 2025-220
1
2 Policy 101.3.6
3 All public and institutional uses (except hospital rooms) that predominately serve the County's
4 non-transient population and which house temporary residents shall be subject to the Permit
5 Allocation System for residential development, except upon factual demonstration that such
6 transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation
7 clearance time of Monroe County.
8
9 Objective 101.17
10 Monroe County shall protect established rights of landowners affected by the provisions of this Plan
11 or the land development regulations; and, therefore adopts the following policies for the
12 determination of vested rights and beneficial use.
13
14 Policy 101.17.4
15 BENEFICIAL USE
16 1. It is the policy of Monroe County to ensure that neither the provisions of this Plan nor the LDC
17 shall result in an unconstitutional taking of private property. Accordingly, Monroe County shall
18 adopt a beneficial use procedure to provide a means to resolve a landowner's claim that a land
19 development regulation or comprehensive plan policy has had an unconstitutional effect on
20 property in a nonjudicial forum. For the purpose of this policy, beneficial use shall mean the
21 minimum use of the property necessary to avoid the finding of a regulatory taking under current
22 land use case law.
23 2. The relief to which an owner shall be entitled may be provided through the use of one or a
24 combination of the following:
25 a) granting of a permit for development which shall be deducted from the Permit Allocation
26 System;
27 b) granting of use of transferable development rights (TDRs);
28 c) Government purchase offer of all or a portion of the lots or parcels upon which there is no
29 beneficial use. This alternative shall be the preferred alternative when beneficial use has been
30 deprived by application of Chapter 138 of the Land Development Code. This alternative shall
31 be the preferred alternative for Tier 1, II, or III-A(SPA) lands;
32 d) such other relief as the County may deem appropriate and adequate.
33 The relief granted shall be the minimum necessary to avoid the finding of a regulatory taking of
34 the property under state and federal law. With respect to the relief granted pursuant to this policy
35 or Policy 101.7.1 (Administrative Relief), a purchase offer shall be the preferred form of relief
36 for any land within Tier I and Tier 11, or Tier III-A (SPA).
37 3. Development approved pursuant to a beneficial use determination shall be consistent with all other
38 objectives and policies of the Plan and LDC unless specifically exempted from such requirements
39 in the final beneficial use determination.
40 4. This policy is not intended to provide relief related to regulations promulgated by agencies other
41 than the county or to provide relief for claims that are not cognizable in court at the time of
42 application of this policy. Further, the procedures established for this policy are not intended, nor
43 do they create, a judicial cause of action.
44 5. The land development regulations shall establish standards, procedures, and remedies for an
45 administrative determination of beneficial use.
46
47 GOAL 601
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File No. 2025-220
I Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
2 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
3 population based on type, tenure characteristics, unit size and individual preferences. [F.S. §
4 163.3177(6)(f)l., 3.1
5
6 Policy 601.1.1
7 Monroe County shall maintain land development regulations, in conjunction with the Permit
8 Allocation System, for apportioning future affordable housing development.
9
10 Policy 601.1.4
11 All affordable housing projects which receive development benefits from Monroe County,including
12 but not limited to,ROGO allocation award(s)reserved for affordable housing,maximum net density,
13 or donations of land, shall be required to maintain the project as affordable for a period of 99 years
14 pursuant to deed restrictions or other mechanisms specified in the Land Development Code, and
15 administered by Monroe County or the Monroe County Housing Authority.
16
17 Policy 601.1.9
18 Monroe County shall maintain land development regulations which may include density bonuses,
19 impact fee waiver programs, and other possible regulations to encourage affordable housing.
20
21 Objective 601.3
22 Monroe County shall continue implementation efforts to eliminate substandard housing and to
23 preserve, conserve and enhance the existing housing stock, including historic structures and sites.
24 [ES. § 163.3177(6)(f)l., 3.1
25
26 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
27 Area, Section 380.0552(7), Florida Statutes.
28
29 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
30 principles for guiding development and any amendments to the principles, the principles shall be
31 construed as a whole and no specific provision shall be construed or applied in isolation from the other
32 provisions.
33 (a) Strengthening local government capabilities for managing land use and development so that local
34 government is able to achieve these objectives without continuing the area of critical state
35 concern designation.
36 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
37 beds, wetlands, fish and wildlife, and their habitat.
38 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
39 tropical vegetation(for example, hardwood hammocks and pinelands), dune ridges and beaches,
40 wildlife, and their habitat.
41 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
42 development.
43 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
44 Keys.
45 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment,
46 and ensuring that development is compatible with the unique historic character of the Florida
47 Keys.
48 (g) Protecting the historical heritage of the Florida Keys.
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File No. 2025-220
I (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
2 major public investments, including:
3 1. The Florida Keys Aqueduct and water supply facilities;
4 2. Sewage collection, treatment, and disposal facilities;
5 3. Solid waste treatment, collection, and disposal facilities;
6 4. Key West Naval Air Station and other military facilities;
7 5. Transportation facilities;
8 6. Federal parks, wildlife refuges, and marine sanctuaries;
9 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
10 8. City electric service and the Florida Keys Electric Co-op; and
11 9. Other utilities, as appropriate.
12 (i) Protecting and improving water quality by providing for the construction, operation,
13 maintenance, and replacement of stormwater management facilities; central sewage collection;
14 treatment and disposal facilities; and the installation and proper operation and maintenance of
15 onsite sewage treatment and disposal systems.
16 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
17 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
18 403.086(10), as applicable, and by directing growth to areas served by central wastewater
19 treatment facilities through permit allocation systems.
20 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
21 Keys.
22 (1) Making available adequate affordable housing for all sectors of the population of the Florida
23 Keys.
24 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
25 natural or manmade disaster and for a postdisaster reconstruction plan.
26 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
27 maintaining the Florida Keys as a unique Florida resource.
28 (o) Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
29 with the Principles for Guiding Development as a whole and is not inconsistent with any
30 Principle.
31
32 C. The proposed amendment is consistent with the Part 11 of Chapter 163, Florida Statute (F.S.).
33 Specifically, the amendment furthers:
34
35 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve and
36 enhance present advantages; encourage the most appropriate use of land, water, and resources,
37 consistent with the public interest; overcome present handicaps; and deal effectively with future
38 problems that may result from the use and development of land within their jurisdictions. Through
39 the process of comprehensive planning, it is intended that units of local government can preserve,
40 promote, protect, and improve the public health, safety, comfort, good order, appearance,
41 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
42 efficient provision of transportation,water, sewerage, schools,parks,recreational facilities,housing,
43 and other requirements and services; and conserve, develop, utilize, and protect natural resources
44 within their jurisdictions.
45
46 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal
47 status set out in this act and that no public or private development shall be permitted except in
48 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
49 conformity with this act.
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File No. 2025-220
1
2 163.3177(l), F.S. —The comprehensive plan shall provide the principles, guidelines, standards, and
3 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
4 development of the area that reflects community commitments to implement the plan and its
5 elements. These principles and strategies shall guide future decisions in a consistent manner and
6 shall contain programs and activities to ensure comprehensive plans are implemented. The sections
7 of the comprehensive plan containing the principles and strategies, generally provided as goals,
8 objectives, and policies, shall describe how the local government's programs, activities, and land
9 development regulations will be initiated, modified, or continued to implement the comprehensive
10 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing
11 regulations in the comprehensive plan but rather to require identification of those programs,
12 activities, and land development regulations that will be part of the strategy for implementing the
13 comprehensive plan and the principles that describe how the programs, activities, and land
14 development regulations will be carried out. The plan shall establish meaningful and predictable
15 standards for the use and development of land and provide meaningful guidelines for the content of
16 more detailed land development and use regulations.
17
18 163.3177(6)(f), F.S. — 1. A housing element consisting of principles, guidelines, standards, and
19 strategies to be followed in:
20 a. The provision of housing for all current and anticipated future residents of the jurisdiction.
21 b. The elimination of substandard dwelling conditions.
22 c. The structural and aesthetic improvement of existing housing.
23 d. The provision of adequate sites for future housing, including affordable workforce housing
24 as defined in s. 380.0651(1)(h), housing for low-income, very low-income, and moderate-
25 income families, mobile homes, and group home facilities and foster care facilities, with
26 supporting infrastructure and public facilities. The element may include provisions that
27 specifically address affordable housing for persons 60 years of age or older. Real property
28 that is conveyed to a local government for affordable housing under this sub-subparagraph
29 shall be disposed of by the local government pursuant to s. 125.379 or s. 166.0451.
30 e. Provision for relocation housing and identification of historically significant and other
31 housing for purposes of conservation, rehabilitation, or replacement.
32 f. The formulation of housing implementation programs.
33 g. The creation or preservation of affordable housing to minimize the need for additional local
34 services and avoid the concentration of affordable housing units only in specific areas of the
35 jurisdiction.
36
37 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
38 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be
39 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
40 development of lands and waters within an area. It is the intent of this act that the adoption and
41 enforcement by a governing body of regulations for the development of land or the adoption and
42 enforcement by a governing body of a land development code for an area shall be based on,be related
43 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
44
45 420.0004,F.S. —Definitions. As used in this part, unless the context otherwise indicates:
46 (1) "Adjusted for family size" means adjusted in a manner which results in an income eligibility
47 level which is lower for households with fewer than four people, or higher for households
48 with more than four people, than the base income eligibility determined as provided in
BOCC 07.15.2026 Page 25 of 30
File No. 2025-220
I subsection (9), subsection (11), subsection (12), or subsection (17), based upon a formula as
2 established by the United States Department of Housing and Urban Development.
3 (2) "Adjusted gross income" means all wages, assets, regular cash or noncash contributions or
4 gifts from persons outside the household, and such other resources and benefits as may be
5 determined to be income by the United States Department of Housing and Urban
6 Development, adjusted for family size, less deductions allowable under s. 62 of the Internal
7 Revenue Code.
8 (3) "Affordable" means that monthly rents or monthly mortgage payments including taxes,
9 insurance, and utilities do not exceed 30 percent of that amount which represents the
10 percentage of the median adjusted gross annual income for the households as indicated in
11 subsection (9), subsection (11), subsection(12), or subsection(17).
12 (4) "Corporation"means the Florida Housing Finance Corporation.
13 (5) "Community-based organization" or "nonprofit organization" means a private corporation
14 organized under chapter 617 to assist in the provision of housing and related services on a not-
15 for-profit basis and which is acceptable to federal and state agencies and financial institutions
16 as a sponsor of low-income housing.
17 (6) "Department" means the Department of Commerce.
18 (7) "Disabling condition"means a diagnosable substance abuse disorder, serious mental illness,
19 developmental disability, or chronic physical illness or disability, or the co-occurrence of two
20 or more of these conditions, and a determination that the condition is:
21 (a) Expected to be of long-continued and indefinite duration; and
22 (b) Not expected to impair the ability of the person with special needs to live
23 independently with appropriate supports.
24 (8) "Elderly" describes persons 62 years of age or older.
25 (9) "Extremely-low-income persons" means one or more natural persons or a family whose total
26 annual household income does not exceed 30 percent of the median annual adjusted gross
27 income for households within the state. The Florida Housing Finance Corporation may adjust
28 this amount annually by rule to provide that in lower income counties, extremely low income
29 may exceed 30 percent of area median income and that in higher income counties, extremely
30 low income may be less than 30 percent of area median income.
31 (10) "Local public body" means any county, municipality, or other political subdivision, or any
32 housing authority as provided by chapter 421,which is eligible to sponsor or develop housing
33 for farmworkers and very-low-income and low-income persons within its jurisdiction.
34 (11) "Low-income persons" means one or more natural persons or a family, the total annual
35 adjusted gross household income of which does not exceed 80 percent of the median annual
36 adjusted gross income for households within the state, or 80 percent of the median annual
37 adjusted gross income for households within the metropolitan statistical area(MSA) or, if not
38 within an MSA,within the county in which the person or family resides,whichever is greater.
39 (12) "Moderate-income persons" means one or more natural persons or a family, the total annual
40 adjusted gross household income of which is less than 120 percent of the median annual
41 adjusted gross income for households within the state, or 120 percent of the median annual
42 adjusted gross income for households within the metropolitan statistical area(MSA) or, if not
43 within an MSA, within the county in which the person or family resides,whichever is greater.
44 (13) "Person with special needs" means an adult person requiring independent living services in
45 order to maintain housing or develop independent living skills and who has a disabling
46 condition; a young adult formerly in foster care who is eligible for services under
47 s. 409.1451(5); a survivor of domestic violence as defined in s. 741.28; or a person receiving
48 benefits under the Social Security Disability Insurance (SSDI) program or the Supplemental
49 Security Income (SSI)program or from veterans' disability benefits.
BOCC 07.15.2026 Page 26 of 30
File No. 2025-220
1 (14) "Student"means any person not living with his or her parent or guardian who is eligible to be
2 claimed by his or her parent or guardian as a dependent under the federal income tax code and
3 who is enrolled on at least a half-time basis in a secondary school, career center, community
4 college, college, or university.
5 (15) "Substandard" means:
6 (a) Any unit lacking complete plumbing or sanitary facilities for the exclusive use of the
7 occupants;
8 (b) A unit which is in violation of one or more major sections of an applicable housing
9 code and where such violation poses a serious threat to the health of the occupant; or
10 (c) A unit that has been declared unfit for human habitation but that could be rehabilitated
11 for less than 50 percent of the property value.
12 (16) "Substantial rehabilitation" means repair or restoration of a dwelling unit where the value of
13 such repair or restoration exceeds 40 percent of the value of the dwelling.
14 (17) "Very-low-income persons" means one or more natural persons or a family, not including
15 students, the total annual adjusted gross household income of which does not exceed 50
16 percent of the median annual adjusted gross income for households within the state, or 50
17 percent of the median annual adjusted gross income for households within the metropolitan
18 statistical area (MSA) or, if not within an MSA, within the county in which the person or
19 family resides, whichever is greater.
20
21 420.502, F.S. —Legislative findings.
22 (8)(b) It is necessary to create a state housing finance strategy to provide affordable workforce
23 housing opportunities to essential services personnel in areas of critical state concern designated
24 under s. 380.05, for which the Legislature has declared its intent to provide affordable housing, and
25 areas that were designated as areas of critical state concern for at least 20 consecutive years before
26 removal of the designation. The lack of affordable workforce housing has been exacerbated by the
27 dwindling availability of developable land, environmental constraints, rising construction and
28 insurance costs, and the shortage of lower-cost housing units. As this state's population continues to
29 grow, essential services personnel vital to the economies of areas of critical state concern are unable
30 to live in the communities where they work, creating transportation congestion and hindering their
31 quality of life and community engagement.
32
33 420.503, F.S. —Definitions.
34 (19) "Essential services personnel" means natural persons or families whose total annual
35 household income is at or below 120 percent of the area median income, adjusted for household size,
36 and at least one of whom is employed as police or fire personnel, a child care worker, a teacher or
37 other education personnel, health care personnel, a public employee, or a service worker.
38
39 420.5095, F.S. Community Workforce Housing Loan Program.
40 (1) The Legislature finds and declares that recent rapid increases in the median purchase price
41 of a home and the cost of rental housing have far outstripped the increases in median income
42 in the state, creating the need for innovative solutions for the provision of housing
43 opportunities.
44 (2) The Community Workforce Housing Loan Program is created to provide workforce housing
45 for persons affected by the high cost of housing.
46 (3) For purposes of this section, the term "workforce housing" means housing affordable to
47 natural persons or families whose total annual household income does not exceed 80 percent
48 of the area median income, adjusted for household size, or 120 percent of area median
49 income, adjusted for household size, in areas of critical state concern designated under
BOCC 07.15.2026 Page 27 of 30
File No. 2025-220
I s. 380.05, for which the Legislature has declared its intent to provide affordable housing, and
2 areas that were designated as areas of critical state concern for at least 20 consecutive years
3 before removal of the designation.
4 (4) The Florida Housing Finance Corporation is authorized to provide loans under the program
5 to applicants for construction of workforce housing.
6 (5) The corporation shall establish a loan application process under s. 420.5087.
7 (6) Projects must be given priority consideration for funding if the local jurisdiction has adopted,
8 or is committed to adopting, appropriate regulatory incentives, local contributions or
9 financial strategies, or other funding sources to promote the development and ongoing
10 financial viability of such projects. Local incentives include such actions as expediting
11 review of development orders and permits, supporting development near transportation hubs
12 and major employment centers,and adopting land development regulations designed to allow
13 flexibility in densities, use of accessory units, mixed-use developments, and flexible lot
14 configurations. Financial strategies include such actions as promoting employer-assisted
15 housing programs,providing tax increment financing, and providing land.
16 (7) The corporation shall award loans with a 1 percent interest rate for a term that does not exceed
17 15 years.
18 (8) The corporation may adopt rules pursuant to ss. 120.536(l) and 120.54 to implement this
19 section.
20
21 125.01055, F.S. - Affordable housing.
22 (1) Notwithstanding any other provision of law, a county may adopt and maintain in effect any
23 law, ordinance,rule, or other measure that is adopted for the purpose of increasing the supply
24 of affordable housing using land use mechanisms such as inclusionary housing or linkage fee
25 ordinances.
26
27 VI. PROCESS
28
29 Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the
30 Planning Commission, the Director of Planning, or the owner or other person having a contractual
31 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
32 process applications as they are received and pass them onto the Development Review Committee and
33 the Planning Commission.
34
35 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
36 the application, the reports and recommendations of the Department of Planning & Environmental
37 Resources and the Development Review Committee and the testimony given at the public hearing. The
38 Planning Commission shall submit its recommendations and findings to the Board of County
39 Commissioners(`BOCC"). The BOCC holds a public hearing to consider the transmittal of the proposed
40 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony
41 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land
42 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews
43 the proposal and issues an Objections, Recommendations and Comments ("ORC")Report. Upon receipt
44 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with
45 changes or not adopt the amendment.
46
47 VIL PROFESSIONAL STAFF RECOMMENDATION
BOCC 07.15.2026 Page 28 of 30
File No. 2025-220
I Department professional staff recommend that the Board of County Commissioners approve the subject
2 the proposed amendment.
BOCC 07.15.2026 Page 29 of 30
File No. 2025-220
I VIII.EXHIBITS
2
3 1. Draft Ordinance
4 2. May 2, 2018, Governor Rick Scott press release outlining an initiative to the Florida Department
5 of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative.
6 3. DEO Preliminary draft language based on the minimum requirements.
7 4. Ordinance No. 005-2021
8 5. State of Florida- Florida Department of Commerce's November 4, 2025, letter
9 6. Objections, Recommendations and Comments ("ORC") Report dated May 27, 2026
BOCC 07.15.2026 Page 30 of 30
File No. 2025-220
2 ,Y / 18 3
3
5
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. -2026
11
12 AN ORDINANCE ADOPTING AMENDMENTS TO THE MONROE
13 COUNTY COMPREHENSIVE PLAN TO AMEND THE
14 COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT AND
15 HOUSING ELEMENT TO MODIFY THE REQUIREMENTS
16 RELATED TO THE 300 KEYS AFFORDABLE WORKFORCE
17 HOUSING INITIATIVE EARLY EVACUATION UNIT BUILDING
18 PERMIT ALLOCATIONS CREATED BY THE GOVERNOR OF
19 FLORIDA, ATTORNEY GENERAL OF FLORIDA, CHIEF
20 FINANCIAL OFFICER OF FLORIDA, AND FLORIDA
21 AGRICULTURE COMMISSIONER ACTING IN THEIR CAPACITY
22 AS THE FLORIDA ADMINISTRATION COMMISSION BY
23 REMOVING THE 1-FOR-1 TAKINGS AND BERT HARRIS ACT
24 LIABILITY REDUCTION EXCHANGE REQUIREMENT BY
25 AMENDING, AS WELL AS CLARIFYING, POLICIES 101.2.2,
26 101.2.49 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 101.3.12,
27 601.1.8; PROVIDING FOR SEVERABILITY; PROVIDING FOR
28 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
29 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
30 AND THE SECRETARY OF STATE; PROVIDING FOR
31 AMENDMENT TO AND INCORPORATION IN THE MONROE
32 COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
33 EFFECTIVE DATE.'
34
35
36 WHEREAS,at the Monroe County Board of County Commissioners' ("BOCC","Board",
37 "Monroe County", or the "County") September 11, 2024, regular public meeting, the BOCC
38 directed Planning and Environmental Resources Department professional staff to begin processing
39 Comprehensive Plan and Land Development Code text amendments to eliminate the 1-for-1
40 takings and Bert Harris Act liability reduction exchange requirement for the remaining 214 early
41 evacuation unit building permit allocations; and
42
43 WHEREAS, on November 24, 2025, a community meeting was held, as required by
44 Monroe County Land Development Code Section 102-159(b)to discuss the proposed amendments
' Monroe County Planning and Environmental Resources Department File No. 2025-220.
Page 1 of 17
I to the Land Development Code and Comprehensive Plan, and to provide for public participation;
2 and
3 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
4 the proposed amendment at a regularly scheduled meeting held on January 27, 2026; and
5
6 WHEREAS, on January 29, 2026, the DRC Chair signed Resolution No. DRC 02-26
7 recommending approval of the proposed text amendment; and
8
9 WHEREAS, the Monroe County Planning Commission held a public hearing on
10 February 25, 2026, for review and recommendation on the proposed Comprehensive Plan text
11 amendment; and
12
13 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
14 Resolution No. P08-26 recommending approval to the Board of County Commissioners of the
15 proposed amendments to Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3,
16 101.3.4, 101.3.10, 101.3.11, 101.3.12, and 601.1.8; eliminating the 1-for-1 takings and Bert Harris
17 Act liability reduction exchange requirement for the remaining 214 early evacuation unit building
18 permit allocations with inclusion of the following sentence, shown as double-underline, added to
19 Policy 101.3.12(1):
20
21 For developments owned or operated by a government agency or public housing authority,
22 propel , management is not required to be located onsite as indicated in this subsection and
23 Comprehensive Plan Policy 101.3.12, but must be available at all times to respond to evacuation
24 orders. However, the government agency or public housing authority will oversee and enforce
25 requested evacuation of the residents and must be available at all times to respond to evacuation
26 orders. ;and
27
28 WHEREAS, at a regularly scheduled public meeting held on the 15th day of April, 2026,
29 the Monroe County Board of County Commissioners held a public hearing to consider the
30 transmittal of the proposed text amendment, considered the professional staff report and
31 provided public comment and public participation in accordance with the requirements of state
32 and local law and the procedures adopted for public participation in the planning process; and
33
34 WHEREAS, at the April 15, 2026, public hearing, the BOCC considered the proposed
35 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning
36 Agency; and
37
38 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
39 Objections, Recommendations and Comments ("ORC") report on May 27th, 2026, received by
40 the County on May 27th, 2026; and
41
42 WHEREAS, the ORC report did not identify any objections,recommendations, or
43 comments; and
44
45 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
46 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
Page 2 of 17
I WHEREAS, at a regularly scheduled meeting on the 15t' day of July, 2026, the BOCC
2 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
3
4 WHEREAS,based upon the information and documentation submitted, the BOCC made
5 the following findings of fact and conclusions of law:
6
7 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
8 Monroe County Comprehensive Plan; and
9 2. The proposed amendment is consistent with the Principles for Guiding Development
10 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
11 Statutes; and
12 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes;
13 4. The proposed amendment will not result in an adverse change in community
14 character to the sub-area which a proposed amendment affects.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
17 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
18
19 Section 1. Recitals. The foregoing recitals, findings of fact and conclusions of law are true
20 and correct and are hereby incorporated as if fully stated herein.
21
22 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows
23 (Deletions are showneken thfettg+; additions are shown underlined):
24
25 Objective 101.2
26 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
27 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
28 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
29 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
30 adopted between the County and all the municipalities and the State agencies.
31
32 Policy 101.2.1
33 Monroe County shall maintain a memorandum of understanding with the State Land
34 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
35 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
36 data and analysis, the input variables and assumptions, including regional considerations,
37 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
38 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
39 clearance times for the population of the Florida Keys.
40
41 Policy 101.2.2
42 Monroe County shall coordinate with all the municipalities, the State Land Planning
43 Agency and Division of Emergency Management to update the variables and assumptions
44 for the evacuation clearance time modeling and analyses of the build-out capacity of the
45 Florida Keys Area of Critical State Concern based upon the release of the decennial
46 Census data. Pursuant to the 2012 sad hurricane evacuation clearance time
Page 3 of 17
I modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
2 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
3 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
4 maintaining an evacuation clearance time of 24 hours. The County adopted a slower rate
5 of annual allocations for market rate development to extend the allocation timeframe to
6 2026 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County
7 shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for
8 hurricane evacuation clearance time requirement standards; 2) new hurricane evacuation
9 modeling by the State Land Planning Agency and Division of Emergency Management;
10 and 3) a new or revised memorandum of understanding with the State Land Planning
11 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key
12 Colony Beach and Layton (see Policy 101.2.1).
13
14 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12,
15 Monroe County shall establish a new allocation category to accept and award 300
16 affordable workforce housing early evacuation unit building permit allocations pursuant
17 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative).
18 These allocations are in addition to the maximum allocations identified in Rules 28-20,
19 F.A.C., and shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending
20 major hurricane.
21
22 Policy 101.2.3
23 The County will consider capital improvements based upon the need for improved
24 hurricane evacuation clearance times, including potential impacts from sea level rise to
25 the County's evacuation route. The County will coordinate with the FDOT, the state
26 agency which maintains U.S.1, to ensure transportation projects that maintain and
27 improve clearance times are prioritized.
28
29 Policy 101.2.4
30 In the event of a pending major hurricane (Category 35) Monroe County shall
31 implement the following staged/phased evacuation procedures to achieve and maintain
32 an overall 24-hour hurricane evacuation clearance time for the resident population.
33
34 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
35 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
36 vessels (transient and non-transient), military personnel, units approved; and deed
37 restricted as affordable workforce housing early evacuation units from the Florida
38 Keys shall be initiated. State parks and campgrounds should be closed at this time or
39 sooner and entry into the Florida Keys by non-residents should be strictly limited.
40 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
41 of mobile home residents, special needs residents, and hospital and nursing home
42 patients from the Keys shall be initiated.
43 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
44 evacuation of permanent residents by evacuation zone (described below) shall be
45 initiated. Existing evacuation zones are as follows:
46 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
Page 4 of 17
I b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40)
2 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
3 63)
4 d)Zone 4 -West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
5 63-106.5 and MM 1-9.5 of CR 905)
6 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
7
8 The actual sequence of the evacuation by zones will vary depending on the individual
9 storm. The concepts embodied in ,these staged evacuation procedures should be
10 embodied in the appropriate County operational Emergency Management Plans.
11
12 The evacuation plan shall be monitored and updated on an annual basis to reflect
13 increases, decreases and or shifts in population; particularly the resident and non-resident
14 populations.
15
16 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
17 of allocations to more than 197 residential units a year, except for affordable housing.
18 Any increase in the number of allocations shall be for affordable housing. Monroe County
19 hereby accepts 300 affordable workforce housing early evacuation unit
20 building permit allocations pursuant to the Workforce-Affordable Housing Initiative
21 (Policy 101.3.12 Workforce Initiative) authorized by the Florida Administration
22 Commission, Chapter 2023-17, Laws of Florida, and the State Land Planning_A e�ncy
23 . These early evacuation allocations are in
24 addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
25 restricted to rental occupancy for those who derive at least 70% of their income as
26 members of the workforce in Monroe County and who meet the affordable housing
27 income categories of the Monroe County Land Development Code. The early evacuation
28 allocations shall be required to evacuate in Phase 1 of the 48-hr evacuation as provided
29 in Policy 101.2.4 ^f^ majoi. 1+at:t: No new additional residential dwelling
30 unit allocations shall be authorized within the Phase 1 of the 48-hr evacuation unless
31 approved and provided by the Florida Administration Commission and the State Land
32 Planning Agency_ after review of hurricane
33 evacuation modeling results by the State Land Planning Agency and the Division of
34 Emergency Management of available evacuation capacity and a review of the level of
35 service and available capacity for all public facilities.
36
37 Objective 101.3
38 Monroe County shall regulate new residential development based upon the finite carrying
39 capacity of the natural and man-made systems and the growth capacity while maintaining a
40 maximum hurricane evacuation clearance time of 24 hours.
41
42 Policy 101.3.1
43 Monroe County shall maintain a Permit Allocation System for new residential
44 development known as the Residential Rate of Growth Ordinance (ROGO) System. The
45 Permit Allocation System shall limit the number of permits issued for new residential
46 dwelling units. The ROGO allocation system shall apply within the unincorporated area
Page 5 of 17
I of the county, excluding areas within the county mainland and within the Ocean Reef
2 planned development (Future development in the Ocean Reef planned development is
3 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
4 recognized and issued by the Department of Community Affairs). New residential
5 dwelling units included in the ROGO allocation system include the following: affordable
6 housing units; market rate dwelling units; mobile homes; institutional residential units
7 (except hospital rooms) and affordable workforce housing early evacuation units.
8
9 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
10 a distinct location, and therefore cannot be accounted for in the County's hurricane
11 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
12 or associated wet slips be transferred upland or converted to a dwelling unit of any other
13 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
14 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
15 Exemption).
16
17 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
18 units; and seasonal residential units are subject to Policy 101.3.5.
19
20 For purposes of this Policy,the redevelopment or replacement of any lawfully established
21 unit within the Venture out community, which is located in the Lower Keys at MM23 on
22 Cudjoe Key, that does not increase the number of units, above that which existed on or
23 before January 4, 1996, shall be exempt from the permit allocation (ROGO) system.
24 Policies 101.3.5 and 101.6.8 shall not apply to Venture Out, and the units within Venture
25 Out may be developed as either detached dwelling, mobile home or recreational vehicle
26 use through the approval of a building permit,provided the following are met:
27 1. To not increase the hurricane evacuation clearance time of permanent
28 residents, in the event of a pending major hurricane (Category 35), a
29 mandatory evacuation of all occupants of units within Venture Out,
30 regardless of unit type, is required at least 48 hours in advance of tropical
31 storm winds. Approximately 48 hours in advance of tropical storm winds, a
32 mandatory evacuation of occupants residing in a permanent unit shall be
33 initiated and a mandatory evacuation of both the occupants of recreational
34 vehicles (RVs) and the RVs shall be initiated;
35 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of
36 detached dwelling (permanent), mobile home (permanent) and recreational
37 vehicles (transient) uses may occur only within the gated Venture Out
38 community with a managing entity responsible for evacuation;
39 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
40 prohibited;
41 4. Recreational Vehicles must meet all land development regulations,
42 floodplain management regulations and any building code requirements for
43 recreational vehicles;
Page 6 of 17
1 5. A recreational vehicle must have current licenses required for highway
2 travel,be attached to the site only by the quick disconnect-type utilities, and
3 no permanent additions such as sun rooms or state rooms shall be permitted;
4 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit,
5 regardless of use type,within the Venture Out community may be transferred
6 to another site outside of the Venture Out community; and
7 7. In no case shall recreational vehicles (transient units) be developed as a
8 hotel/motel.
9 Policy 101.3.2
10 The number of permits issued for residential dwelling units under the Rate of Growth
11 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
12 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
13 ROGO year and 300 affordable workforce housing early evacuation unit building permit
14 allocations authorized by the Florida Administration Commission, Chapter 2023-17,
15 Laws of Florida, and the State Land Planning_A
16 Oppat4tinily.A ROGO year means the twelve-month period beginning on July 13.Market
17 rate allocations shall not to exceed 126 residential units per year. Unused allocations for
18 market rate shall be available for Administrative Relief.
19
20 In 2012,pursuant to Rule 28-20.140,F.A.C.,the State Land Planning AgenMDepffFtmefA
21 completed the hurricane evacuation clearance time modeling
22 task and found that with 10 years' worth of building permits, the Florida Keys would be
23 at a 24 hour evacuation clearance time. This creates challenges for State of Florida and
24 Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier
25 II, 260 Tier III-A (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970
26 new allocations this may result in a balance of 6,198 privately held vacant parcels at risk
27 of not obtaining permits in the future. In recognition of the possibility that the inventory
28 of vacant parcels exceeds the total number of allocations which the State will allow the
29 County to award, the County adopted a slower rate of annual allocations for market rate
30 development to extend the allocation timeframe to 2026 and is accepting 300 affordable
31 workforce housing early evacuation unit building permit allocations pursuant
32 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative)
33 authorized by the Florida Administration Commission, Chapter 2023-17, Laws of
34 Florida, and the State Land Planning Agency Fier da Dapai4met t Eeetiofnie oppoA„ it-y
35 These affordable workforce housing early evacuation allocations that are in addition to
36 the maximum building permit allocations identified in Rules 28-20, F.A.C. The County
37 will consider adopting an extended timeframe for distribution of the ROGO allocations
38 through 2033 with committed financial support from its State and Federal partners. This
39 timeframe can provide a safety net to the County and provide additional time to
40 implement land acquisition and other strategies to reduce the demand for ROGO
41 allocations and help transition land into public ownership.
42
43 The County is actively engaged in acquisitions and is requesting its State and Federal
44 partners for assistance with implementing land acquisitions in Monroe County. The
45 County will allocate the 1,970 new dwelling unit allocations through July 12, 2026. If
Page 7 of 17
I substantial financial support is provided by July 12, 2023, the County will reevaluate the
2 ROGO distribution allocation schedule and consider an extended timeframe for the
3 distribution of market rate allocations (through a comprehensive plan amendment).
4 Further, the State and County shall develop a mutually agreeable position defending
5 inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act
6 cases, with the State having an active role both directly and financially in the defense of
7 such cases.
8
9 The County shall distribute ROGO allocations by ROGO year, as provided in the table
10 below.
11
Annual Allocation
ROGO Year Affordable Affordable Workforce
Market Rate Housing Earlv
Housing Evacuation Initiative
July 13, 2013—July 12, 2014 126 71
July 13, 2014—July 12, 2015 126 71
July 13, 2015—July 12, 2016 126
July 13, 2016—July 12, 2017 126 N/A
July 13, 2017—July 12, 2018 126
July 13, 2018—July 12, 2019 126
July 13, 2019—July 12, 2020 126 568 total AFH
July 13, 2020—July 12, 2021 64 (total available
July 13, 2021—July 12, 2022 64 immediately)
July 13, 2022—July 12, 2023 64
July 13, 2023—July 12, 2024 62 300**
July 13, 2024—July 12, 2025 62
July 13, 2025—July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
** Affordable Wworkforce housing early evacuation unit building permit allocations shall be
available countywide (unincorporated county) in the Upper and Lower Keys subareas and
distributed on a first-come first-serve basis. Requests for dwelling units developed and/or deed-
restricted utilizing the affordable workforce housing early evacuation unit building permit
allocations are subject to the provisions of Policy 101.3.12.
12
13 The State of Florida, pursuant to Administration Commission Rules, may modify the
14 annual allocation rate. Monroe County will request a Rule change from the
15 Administration Commission to authorize the above allocation timeframe and rate.
Page 8 of 17
1
2 Policy 101.3.3
3 Monroe County shall allocate at least 20% of the annual allocation, or as may be
4 established by the State of Florida, pursuant to Administration Commission Rules, to
5 affordable housing units as part of ROGO. Any portion of the allocations not used for
6 affordable housing shall be retained and be made available for affordable housing from
7 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
8 affordable workforce housing early evacuation units shall meet the criteria specified in
9 Policy 601.1.4 and the Land Development Code, but shall not be subject to the
10 competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any
11 parcel proposed for affordable housing or affordable workforce housing early evacuation
12 units shall not be located within an area designated as Tier I as set forth under Goal 105
13 or within a Tier 1I1-A Special Protection Area as set forth in Policy 205.1.1.
14
15 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
16 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
17 the following criteria:
18 1. The property contains an existing market rate dwelling unit that meets the criteria
19 in LDC Section 138-22(a) and is determined to be exempt from ROGO;
20 2. The proposed replacement affordable dwelling unit meets current Florida
21 Building Code and is not a mobile home;
22 3. The proposed replacement dwelling unit shall be deed restricted for a period of at
23 least 99 years as affordable housing pursuant to the standards of the Land
24 Development Code; and
25 4. The proposed site plan for the replacement affordable dwelling unit does not
26 propose any additional clearing of habitat.
27
28 Policy 101.3.4
29 The Permit Allocation System (or Rate of Growth Ordinance) for new residential
30 development shall specify procedures for:
31 1. establishing the annual number of ems-allocations for new residential units to be
32 issued during the next ROGO year based upon,but not limited to the following:
33 a. expired allocations and building permits in previous year;
34 b. allocations available,but not allocated in previous year;
35 c. number of allocations borrowed from future quarters;
36 d. vested allocations;
37 e. modifications required or provided by Administration Commission Rules;
38 £ modifications required or provided by this plan or agreement pursuant to
39 Chapter 380, Florida Statutes; and
40 g. receipt or transfer of affordable housing allocations by intergovernmental
41 agreement; and
42 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
43 Clearance Time Memorandum of Understanding.
Page 9 of 17
1 2. allocation of affordable housing, affordable workforce housing early evacuation units
2 building permit allocations and market rate housing units in accordance with Policies
3 101.3.2 and 101.3.3; and
4 3. timing of the acceptance of applications, evaluation and scoring of applications, and
5 issuance of permits for new residential development during the calendar year.
6
7 Policy 101.3.5
8 Due to the limited number of allocations and the State's requirement that the County
9 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
10 shall prohibit new transient residential allocations for hotel or motel rooms, campground
11 spaces, or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully
12 established transient units shall be entitled to one unit for each type of unit in existence
13 before January 4, 1996, for use as a ROGO exemption.
14
15 Policy 101.3.6
16 All public and institutional uses (except hospital rooms) that predominately serve the
17 County's non-transient population and which house temporary residents shall be subject
18 to the Permit Allocation System for residential development, except upon factual
19 demonstration that such transient occupancy is of such a nature so as not to adversely
20 impact the hurricane evacuation clearance time of Monroe County.
21
22
23
24 Policy 101.3.9
25 For those ROGO applications and properties which have not received a ROGO award for
26 four consecutive years and have applied for administrative relief, which are designated
27 Tier I, II, or IIIA, the County or the State shall offer to purchase the property if funding
28 for such is available. Refusal of the purchase offer shall not be grounds for granting a
29 ROGO award.
30
31 Policy 101.3.10
32 Notwithstanding any other provision of the Plan, except the last sentence of this Policy
33 101.3.10,building allocations utilized for affordable housing projects may be pooled and
34 transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO
35 subarea, and between local government jurisdictions within the Florida Keys Area of
36 Critical State Concern (ACSC). Any such transfer of affordable housing allocations
37 between local government jurisdictions must be accomplished through an interlocal
38 agreement between the sending and receiving local governments. Interlocal agreements
39 that involve assigning the County's affordable housing(not including affordable housing
40 allocations banked for takings cases) allocations to existing dwelling units within a
41 municipality with a requirement that the associated market rate ROGO/BPAS exemptions
42 be transferred into the unincorporated County as an exchange for the affordable housing
43 allocations transferred to the municipality, shall be accomplished through a minor
44 conditional use permit approval and shall be subject to the receiver site criteria in Policy
45 101.6.8 and may be transferred to any subarea within the unincorporated County.
Page 10 of 17
I In no event shall the County-
2 (1) pool and transfer affordable workforce housing early evacuation unit building
3 ep rmit allocations between ROGO sub-areas,
4 (2) transfer affordable workforce housing early evacuation unit building�pen-nit
5 allocations to another government jurisdiction,
6 (3) receive affordable workforce housing early evacuation unit building�permit
7 allocations from another government jurisdiction,; or
8 (4) transfer affordable housing ROGO allocations received by the County in
9 exchange for affordable workforce housing building permit early evacuation unit
10 allocations to another government jurisdiction.
11
12 Notwithstanding Policy 101.3.10(2),affordable workforce early evacuation unit building
13 permit allocations may be transferred to another government jurisdiction for County-
14 initiated affordable housing�projects within incorporated cities, as approved by an
15 interlocal agreement as approved by the BOCC.
16
17 Policy 101.3.11
18 Monroe County may receive additional building permit allocations pursuant to the 2012
19 completed hurricane evacuation clearance time modeling and allocation
20 recommendations by the State Land Planning Agency and the Administration
21 Commission's direction that the City of Key West \ transfer annually (by July 15th) any
22 remaining unused allocations for that year to the other Florida Keys' local governments
23 based upon the local governments' ratio of vacant land. Any transferred allocations from
24 the City of Key West to Monroe County shall be made available for Administrative
25 Relief. Monroe County may receive, and award 300 building permit allocations
26 designated as affordable workforce housing early evacuation units pursuant to the
27 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
28 provided by the Florida Administration Commission and the State Land Planning Agency
29 Flor-i'^ Dee -tma t Leono ie Oppoi=Paaity. These early evacuation allocations that are
30 in addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
31 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
32
33 Policy 101.3.12
34 Affordable Workforce Housing Early Evacuation Initiative. To support Monroe
35 County's workforce by alleviating constraints on affordable housing, to protect private
36 property rights and address potential liability, the County is participating in the
37 Workforce-Affordable Housing Initiative (Workforce Initiative), as approved during the
38 June 13, 2018 meeting of the Florida Administration Commission. Monroe County
39 accepts the 300 affordable workforce housing early evacuation building permit
40 allocations pursuant to the Workforce-Affordable Housing Initiative authorized by the
41 Florida Administration Commission, Chapter 2023-17, Laws of Florida, and the State
42 Land Planning Agency . The Workforce-
43 Affordable Housing Initiative will require dwelling units constructed and/or deed
44 restricted with workforce housing early evacuation building permit allocations to
45 evacuate occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane,
46 pursuant to the criteria below.
Page 11 of 17
1
2 To participate in the Workforce Initiative, Monroe County shall be responsible for the
3 management, distribution, and enforcement of requirements associated with the
4 affordable workforce housing early evacuation building permit allocations. Monroe
5 County shall ensure adherence to these requirements through implementation of this
6 policy and shall annually provide to the State Land Planning Agency
7 a report indicating the number of affordable workforce housing
8 early evacuation units built and/or deed restricted, occupancy rates, and compliance with
9 the requirement to evacuate the units in Phase I of an evacuation. The annual report shall
10 be provided to the State in a timely manner such that the State may include the
11 information in the required Annual Report to the Gavefnef and r Mite Florida
12 Administration Commission on the County's progress toward completion of its Work
13 Program pursuant to Rule 28-20, F.A.C.
14
15 Dwelling units developed and/or deed restricted utilizing the affordable workforce
16 housing early evacuation unit building permit allocations are subject to the following:
17
18 (a) Requests for affordable workforce housing early evacuation unit building permit
19 allocations
20 require a reservation via BOCC resolution. The BOCC
21 may, at its discretion, place conditions on any reservation as it deems appropriate such
22 as establishing the income categories for allocations arm. The BOGG ffiay, at its
23 disefetieft,
24
25 ffleet the fequifeffleiits of the wag&fee hattsiiig eafly evaettation tiffit alleea4ioiis.
26 Ftifthef, the BOGG tffiay, a4 its disefetion,
27 iFestvicted- �' housing its (lawful �-,.a h-le exemptions) at existing
28
29
30 .
31
32 hottsing eafly evaeua+ien unit alleeations shall be banked and used for- fittidfe
33 ,
34 ee en*atien eases md Bert j, affi;-
35 ^yes
36 ., the aff-efdable
37
38
39
40
41
42 efftegefy.
43
44 real pfopef�y relief ffem the eentifitted applieation of the Rate of Growth
45
46 the Gompfehensive Plan ftnd Development Code.
Page 12 of 17
1
2 ,
3 beftefieial ttse shall mean the minimum use of the pt:apei4y fieeessffy to w: oid
4 .
5 , the fedevelopment of the deed festfietion-of
6
7
8
9
10 (eh) All affordable workforce housing early evacuation units require a deed-
II restriction ensuring:
12 (1) Before any building permit may be issued for any structure,portion or phase of
13 a project subject to the Workforce Initiative, a restrictive covenant shall be
14 approved by the Planning Director and County Attorney and recorded in the
15 Office of the Clerk of the County to ensure compliance with the provision of
16 this section running in favor of the County and enforceable by the County and,
17 if applicable, a participating municipality. The following requirements shall
18 apply to these restrictive covenants:
19 a. The covenants for any workforce housing early evacuation units shall be
20 effective for 99 years.
21 b. The covenants shall not commence running until a certificate of occupancy
22 has been issued by the Building Official for the dwelling unit or dwelling
23 units to which the covenant or covenants apply.
24 c. For existing dwelling units that are deed-restricted as workforce housing
25 early evacuation units, the covenants shall commence running upon
26 recordation in the Official Records of Monroe County.
27 (2) The covenants shall require that the workforce housing early evacuation units
28 to be restricted to rental occupancy for those who derive at least 70% of their
29 income as members of the workforce in Monroe County and who meet the
30 affordable housing income categories of the Monroe County Land
31 Development Code. The occupants are required to annually verify their
32 employment and income eligibility.
33 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr
34 evacuation of a pending major hurricane. Persons living in the workforce
35 housing early evacuation units who may be exempted from evacuation
36 requirements are limited to law enforcement, correctional and fire personnel,
37 health care personnel, and public employees with emergency management
38 responsibilities. If there is an occupant that indicates their employment is
39 considered a `first-responder position' and not included in the list of exemptions
40 above, then the Planning Director shall determine, in writing, whether the
41 person may be exempted because of a requirement to remain during an
42 emergency. Any person claiming exemption under this provision shall submit
43 e€an affidavit of qualification and faithfully certify their status with the onsite
44 property management.
45 (4) The covenants shall require rental agreements which contain a separate
46 disclosure requiring rental occupants to acknowledge the existing restrictive
Page 13 of 17
I covenant on the unit requiring evacuation in Phase 1 of the 48-hr evacuation
2 and that failure to adhere to the Phase 1 evacuation requirement could result in
3 severe penalties, including eviction, to the occupant.
4 (5) The covenants shall require onsite property managers and a separate
5 employment disclosure requiring the maintenance of training in evacuation
6 procedures and an acknowledgement that failure to adhere to the Phase 1
7 evacuation requirement could result in severe penalties, including termination.
8 (dc)Affordable Wworkforce housing early evacuation units shall be restricted to rental
9 occupancy for those who derive at least 70% of their income as members of the
10 workforce in Monroe County and who meet the affordable housing income categories
11 of the Monroe County Land Development Code. Workforce means individuals or
12 families who are gainfully employed supplying goods and/or services to Monroe
13 County residents or visitors.
14 (ed)Affordable Wworkforce housing early evacuation units shall require onsite
15 property management with property managers trained in evacuation procedures and
16 required to manage the evacuation of tenants in Phase I of an evacuation. During
17 traditional working hours, the property manager must be at an office within the
18 affordable workforce housing early evacuation unit development subject property.
19 Outside the traditional working hours, the property manager must be available at all
20 times to respond to evacuation orders.
21 (€e) The property management entity for the affordable workforce housing early
22 evacuation units shall be required to annually verify the employment and income
23 eligibility of tenants;report the total units on the site, the occupancy rates of units, and
24 tenant compliance with the requirement to evacuate the units in Phase I of an
25 evacuation, including the number of occupants that are exempt from the evacuation
26 requirements. The property management entity must submit a report to the Planning
27 and Environmental Resources Department by May 1 of each year. Further, each lease
28 and this annual report shall be kept by the property manager and be available for
29 inspection by the County during traditional working hours.
30 (gf) Affordable Wworkforce housing early evacuation units shall be located within an
31 area designated as Tier I11.
32 (hg) Affordable Wworkforce housing early evacuation units shall not be located in the
33 V-Zone or within a Coastal Barrier Resource System (CBRS).
34 (ih) Affordable Wworkforce housing early evacuation units shall be located on a
35 property which has all infrastructure available (potable water, adequate wastewater
36 treatment and disposal wastewater meeting adopted LOS,paved roads, etc.).
37 (ji) All affordable workforce housing early evacuation units must demonstrate
38 compliance with all applicable federal standards for accessibility for persons with
39 disabilities (ADA Compliance).
40 (kj) To the greatest extent practicable, a development utilizing affordable workforce
41 housing early evacuation unit building permit allocations shall incorporate sustainable
42 and resilient design principles into the overall site design ffnd be ezeeessible to
43 efftpleyffleiit eeiitefs ift Key West, Steek island atid Mafa4hefi.
44 (k) To the greatest extent practicable, a development utilizing affordable workforce
45 housing early evacuation unit building_permit allocations shall be located in close
46 proximity-to employment centers in Key West, Stock Island and Marathon.
Page 14 of 17
1 (1) For developments owned or operated by a government agency or public housing
2 authority_property management is not required to be located onsite as indicated in this
3 subsection and Comprehensive Plan Policy 101.3.12,but must be available at all times
4 to respond to evacuation orders. However, the government agency or public housing
5 authority will oversee and coordinate requested evacuation of the residents and must
6 be available at all times to respond to evacuation orders.
7
8 GOAL 601
9 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
10 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
11 population based on type, tenure characteristics, unit size and individual preferences.
12
13 Policy 601.1.8
14 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
15 established by the State of Florida, pursuant to Administration Commission Rules, to
16 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
17 this separate allocation must meet the criteria established in the Land Development Code.
18 Monroe County may award 300 additional building permit allocations designated as
19 affordable workforce housing early evacuation units pursuant to the Workforce-
20 Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the
21 Florida Administration Commission, Chapter 2023-17, Laws of Florida, and the State
22 Land Planning Agency Flefida DepaAffietit Eeetieffiie Oppe4unit . These building
23 permit allocations are in addition to the maximum allocations identified in Rules 28-20,
24 F.A.C., are restricted to rental occupancy for those who derive at least 70% of their
25 income as members of the workforce in Monroe County and who meet the affordable
26 housing income categories of the Monroe County Land Development Code, and shall be
27 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
28
29
30 *****
31
32 Section 3. The May 28, 2026-dated Monroe County Planning and Environmental Resources
33 Department professional staff report accompanying this agenda item prepared by
34 and from Planning Policy Advisor Barbara Powell and Senior Director of Planning
35 and Policy Cheryl Cioffari, A.I.C.P.,2 and by and through Senior Director Devin
36 Tolpin, A.I.C.P., C.F.M.'3 is hereby incorporated as if fully stated herein and their
37 analysis and determinations of fact and law to the extent not plainly inconsistent
38 with this Ordinance are hereby accepted and adopted as if fully stated herein.
39
40 Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or
41 ambiguities, within this Ordinance or between this Ordinance and the Monroe
42 County Code of Ordinances, Florida Building Code, Monroe County Land
43 Development Code, floodplain management regulations, Comprehensive Plan, or
44 any other determination, interpretation, or approval of the Monroe County Board
American Institute of Certified Planners (A.T.C.P.)—Certification.
s Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
Page 15 of 17
I of County Commissioners,Monroe County Planning Commission,Monroe County
2 Planning and Environmental Resources Department, or other department or office
3 of Monroe County, the more restrictive rule, regulation, law,provision, and/or text
4 shall always apply and control.
5
6 Section 5. Subject to Section 4. above, the interpretation of this Ordinance and all provisions
7 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
8 County Codes, Florida Statutes, and floodplain management regulations whose
9 interpretation arise out of, relate to, or are interpreted in connection with this
10 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
11 and such interpretation shall be entitled to great weight in adversarial administrative
12 proceedings, at trial, in bankruptcy, and on appeal.
13
14 Section 6. This Ordinance neither ratifies nor approves,nor shall be interpreted as ratifying or
15 approving, any violation or violations of the Monroe County Code of Ordinances,
16 Monroe County Land Development Code, Monroe County Comprehensive Plan,
17 floodplain management regulations, Florida Building Code, Florida Statutes,
18 Florida Administrative Code, or any other law, rule, or regulation,whether Federal
19 or of the State or of Monroe County, and shall not be construed as ratifying or
20 approving of any such violation of law(s), rule(s), or regulation(s).
21
22 Section 7. Approval of this Ordinance shall not estop or waive, nor shall be construed as
23 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and
24 require compliance with the Monroe County Codes, Monroe County
25 Comprehensive Plan, floodplain management regulations, Florida Building Code,
26 Florida Statutes,Florida Administrative Code, or any other law, rule, or regulation,
27 whether at law or in equity.
28
29 Section 8. No Liability. Monroe County expressly reserves and in no way shall be deemed to
30 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
31 governmental, and other similar defense, immunity, exemption, or protection
32 against any suit, cause-of-action, demand, or liability.
33
34 Section 9. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
35 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
36 or unenforceable in or by any administrative hearing officer or court of competent
37 jurisdiction, the invalidity or unenforceability of such provision, or any part or
38 portion thereof, shall neither limit nor impair the operation, enforceability, or
39 validity of any other provision of this Ordinance, or any remaining part(s) and/or
40 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
41 and/or portion(s) thereof, shall continue unimpaired in full force and effect.
42
43 Section 10. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
44 are hereby repealed to the extent of said conflict. The repeal of an ordinance
45 herein shall not repeal the repealing clause of such ordinance or revive any
46 ordinance which has been repealed thereby.
Page 16 of 17
I Section 11. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
2 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
3 Statutes.
4
5 Section 12. Filing and Effective Date. This Ordinance shall be filed in the Office of the
6 Secretary of the State of Florida but shall not become effective until a notice is
7 issued by the State Land Planning Agency or Administration Commission finding
8 the amendment in compliance with Chapter 163, Florida Statutes, and after any
9 applicable challenges have been resolved.
10
I I Section 13. Inclusion in the Comprehensive Plan. The text amendment shall be
12 incorporated in the Monroe County Comprehensive Plan. The numbering of the
13 foregoing amendment may be renumbered to conform to the numbering in the
14 Monroe County Comprehensive Plan.
15
16 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
17 Florida, at a regular public meeting held on the 151" day of July, 2026.
18
19 Mayor Michelle Lincoln, District 2
20 Mayor Pro Tem David Rice, District 4
21 Commissioner Craig Cates, District 1
22 Commissioner James K. Scholl, District 3
23 Commissioner Holly Merrill Raschein, District 5
24
25 BOARD OF COUNTY COMMISSIONERS
26 OF MONROE COUNTY, FLORIDA
27
28 By:
29 Mayor Michelle Lincoln
30
31 MC>NROES O rY ATTonNEY
� ..
32 Are 1 � TO FORM
33 (SEAL) _._. . ..
34 ASSISTANT G.OUN *rY ATTORNE-Y
35 date: 7/2/26
36 ATTEST: KEVIN MADOK, CLERK
37
38
39 By:
40 AS DEPUTY CLERK
Page 17 of 17
Exhibit 1
Cu"GOVERNOR
R IC'K, S'
T T
FOR IMMEDIATE RELEASE CONTACT: GOVERNOR'S PRESS OFFICE
May 2, 2018 (850)717-9282
ironedii ..@eo „imytloiriida„coins
Gov. Scott Directs DEO to Enhance Workforce Housing in the
Florida Keys
TALLAHASSEE, Fla. — Governor Scott today directed the Department of Economic Opportunity
(DEO) to propose enhanced workforce housing in the Florida Keys as part of the continued efforts to
recover from the tremendous impact Hurricane Irma had on the Keys. Hurricane Irma destroyed much
of the housing that served the workforce population and the proposed Keys Workforce Housing
Initiative will allow local governments to grant additional building permits for rental properties. This
initiative will be presented to the Florida Cabinet at the next meeting.
Governor Scott said, "Hurricane Irma left a devastating impact on our state, especially in the Florida
Keys and since the storm we have been working hard to rebuild even stronger than before. For
business owners across the Keys, the availability of affordable workforce housing has been a
challenge that was compounded by Hurricane Irma. The Keys Workforce Housing Initiative will provide
much-needed access to workforce housing, allowing businesses the opportunity to grow while
providing a plan to ensure Keys residents can evacuate safely before a storm."
DEO is charged with reviewing local development decisions in the Florida Keys due to its legislative
designation as an Area of Critical State Concern. State law requires that growth be limited in the Keys
to ensure that residents can evacuate safely within 24 hours in advance of a hurricane. To meet the
increased demand for workforce housing, the innovative Keys Workforce Housing Initiative will require
new construction that participates to commit to evacuating renters in the 48-hour window of
evacuation.
The initiative will allow up to 1,300 new building permits for workforce housing throughout the Florida
Keys. Local governments that choose to participate in the initiative will work with DEO to amend their
comprehensive plans to allow for additional building permits that meet these safety requirements.
Cissy Proctor, Executive Director of DEO, said, "As I have toured the damage from Hurricane Irma,
the number one priority of business and community leaders is the need for more workforce housing.
We are proud to provide an option to local governments that will help businesses have the talent they
need to remain in the Keys and grow their companies. This solution will not only provide workforce
housing for private-sector businesses but public servants, like law enforcement and teachers, as well.
Our agency is committed to working with our partners in the Keys to provide ample workforce housing
without compromising the safety of Floridians. We appreciate our partners at the Florida Division of
Emergency Management for working with us to make sure Keys residents are still able to safely
evacuate."
Representative Holly Raschein said, "Hurricane Irma pushed the affordable housing problem in the
Florida Keys to a critical state, decimating an already strained stock of housing for our workforce.
have discussed this concern with Governor Scott and the Department of Economic Opportunity(DEO)
both in Tallahassee and during the Governor's many visits to the Keys as he's lead us through our
recovery efforts. The plan Governor Scott has directed DEO to bring before Cabinet is a creative
solution to the most pressing recovery challenge still facing the Florida Keys and I encourage all
Cabinet members to support this proposal."
Wes Maul, Director of the Florida Division of Emergency Management, said, "Our agency's primary
goal is the safety of Florida residents during disasters. The Keys Workforce Housing Initiative ensures
the safety of tourists and residents of the Keys during major storms, while allowing critical economic
development activities to continue. We appreciate DEO's partnership in this endeavor."
Goal X—Workforce-Affordable Housing Initiative.
To support Monroe County's workforce by alleviating constraints on affordable housing the County shall
participate in the Workforce-Affordable Housing Initiative, as approved during the June 13, 2018 meeting
of the Administration Commission. The Workforce-Affordable Housing Initiative will require new
construction that participates to commit to evacuating renters in the 48-hour window of evacuation.
Objective XX—Provide Workforce-Affordable Housing Building Permit Allocations.
The County shall establish a new limited category (needs a name-Phase One Affordable
(POA)????) for 300 workforce-affordable building permit allocations to participate in the
Workforce-Affordable Housing Initiative. These allocations are in addition to the maximum
allocations identified in Rules 28-18, Florida Administrative Code. The County shall be
responsible for the management, distribution, and enforcement of requirements associated with
the POA allocations. Monroe County shall ensure adherence to these requirements through
implementing the policies of this objective.
Policy X.1.1—Distribution of Workforce-Affordable Housing Allocations. Workforce-
affordable housing allocations shall be distributed in accordance with (insert policy
describing BPAS ranking procedures or ranking procedures specific to POA).
Policy X.1.2 - Specific Standards and Requirements for Workforce-Affordable Housing.
Workforce-affordable housing units built under this program shall:
a. be multifamily structures;
b. be rental units;
c. require, at a minimum, adherence to the latest edition of the Florida Building
Code as published by the Florida Building Commission;
d. not be placed in the V-Zone or within the Coastal Barrier Resource Systems;
e. require on-site property management;
f. comply with applicable locational criteria and densities for multifamily
affordable housing units;
g. incorporate sustainable and resilient design principles into the overall site
design;
h. ensure accessibility to employment centers and amenities;
i. require deed-restrictions ensuring:
i. the property remains workforce-affordable housing in perpetuity;
ii. tenants evacuate during the period in which transient units are
required to evacuate;
iii. rental agreements contain a separate disclosure requiring renters to
acknowledge that failure to adhere to the evacuation requirement
could result in severe penalties, including eviction, to the resident;
iv. onsite property managers are formally trained in evacuation
procedures.
Policy X.1.3—Evacuation exemptions. Persons living in workforce-affordable housing
who are exempt from evacuation requirements of Policy X.1.2.1.1 include all first
responders, correction officers, health care professionals, or other first-response workers
required to remain during an emergency, provided the person claiming exemption under
this policy has faithfully certified their status with property management.
Policy X.1.4—ADA Compliance. All workforce-affordable housing developments must
demonstrate compliance with all applicable federal standards for accessibility for persons
with disabilities.
PolicyX.1.4-Evaluation and Report. Monroe County shall Local governments participating in the
program shall provide to the state land planning agency an Annual Report by July 1 (or January 1???)
of each year indicating the number of workforce-affordable units built, occupancy rates, and
compliance with the requirement to evacuate the units in the Phase I evacuation.
1 '� -
2
3
4
5
6 MONROE COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO.005-2021
10
11 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE FUTURE
14 LAND USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH
15 A NEW BUILDING PERMIT ALLOCATION CATEGORY TO ACCEPT
16 AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION
17 UNIT BUILDING PERMIT ALLOCATIONS PURSUANT TO THE
18 WORKFORCE-AFFORDABLE HOUSING INITIATIVE (WORKFORCE
19 INITIATIVE) AUTHORIZED BY THE FLORIDA ADMINISTRATION
20 COMMISSION AND THE FLORIDA DEPARTMENT ECONOMIC
21 OPPORTUNITY BY AMENDING AS WELL AS CLARIFYING POLICIES
22 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1,
23 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1 AND CREATING NEW POLICY
24 10i.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE INITIATIVE
25 REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING
26 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
28 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
29 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE
30 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE NO. 2020-067)
31
32
33 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
34 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
35 health, safety. and welfare of the County's citizens; and
36
37 WHEREAS, Florida Statute § 380.0552., the Florida Keys Area protection and
38 designation as area of critical state concern,establishes the intent to"ensure that the population of
37 the Florida Keys can be safely evacuated", Florida Statute § 380.0552(2)0), and requires that
40 amendments to each local government's comprehensive plan to include "goals, objectives, and
41 policies" to protect public safety and welfare in the event of a natural disaster by maintaining a
42 hurricane evacuation clearance time for permanent residents of no more than 24 hours; and
43
44 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth
45 Ordinance ("ROGO") in order to provide for the safety of residents in the event of a hurricane
46 evacuation and to protect the significant natural resources of Monroe County, as required by the
47 State of Florida; and
Ordinance No. 2021 Page t of 20
File 2020-067
1
2 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an
3 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
4 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance allocations ("ROGO
5 allocations") throughout the Florida Keys for rental workforce housing, with a condition that the
6 rental occupants evacuate in the early phase(48-hour window)of a hurricane evacuation; and
7
8 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the
9 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the
10 existing staged evacuation plan)can be accomplished in 17.5 hours, leaving additional capacity of
11 6.5 hours in Phase I; and
12
13 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited
14 by geographic and environmental features,housing supply limited by controlled growth(including
15 but not limited to the Rate of Growth Ordinance) and a tourism economy with a prevalence of
16 lower paying service-sector employment; and
17
18 WHEREAS, the need to protect and preserve an adequate inventory of
19 affordable/workforce accessible housing is a continual as well as a growing challenge in the
20 Florida Keys,particularly after the impacts of Hurricane Irma which caused significant damage to
21 housing units throughout the Florida Keys; and
22
23 WHEREAS,on September 19,2018,the Monroe County Board of County Commissioners
24 ("BOCC", "Monroe County", or the "County") directed County staff to draft proposed policy
25 alternatives to the State's Keys Workforce Housing Initiative that address several concerns raised
26 related to the enforceability of the evacuation provisions; and
27
28 WHEREAS, on January 30, 2019, the BOCC considered options to accept the 300 units
29 but took no official action; and
30
31 WHEREAS, on January 22, 2020, the BOCC directed staff to prepare an agenda item to
32 discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land
33 Development Code amendments to: D Move a portion of market-rate ROGO units to the
34 affordable housing allocation pool and/or 2)Accept the 300 Workforce Housing units offered by
35 the Department of Economic Opportunity required to evacuate in Phase 1 of the Hurricane
36 Evacuation model; and
37
38 WHEREAS,on February 19,2020,the BOCC discussed whether to direct staff to process
34 a-comprehensive plan and land development code amendment to: _U Move a portion of the 378
40 remaining Market Rate-Rate of Growth Ordinance(ROGO)units through 2026 to the Affordable
41 Housing allocation pool and/or 21 Accept the 300 Workforce Housing units offered by the DEO
42 required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide on
43 the potential shifting of market rate allocations to the affordable housing pool but did direct staff
44 to start the process to accept the 300 workforce housing units; and
45
46 WHEREAS,on July 15, 2020,during a discussion item on potentially shifting market rate
47 allocations to the affordable housing pool, the BOCC provided further direction to staff' on
Ordinance No.005-2021 Page 2 of 20
FiIc 2020-067
1 accepting the 300 workforce housing early evacuation unit building permit allocations.The BDCC
2 directed: Accept the 300 workforce housing early evacuation unit building permit allocations to
3 be used in exchange for existing affordable allocations at multifamily developments (for
4 developers that agree to the early evacuation restriction) and the affordable housing allocations
5 returned to the County(returned in the exchange)be set aside and banked for takings cases (bank
6 them within an administrative relief pool); and
7
8 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
9 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
10 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
11 manage land use and development; and
12
13 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
14 considered the proposed amendments at a regularly scheduled meeting held on the August 25,
15 2020; and
16
17 WHEREAS, at a regularly scheduled meeting held on October 28, 2020, the Monroe
18 County Planning Commission held a public hearing for the purpose of considering the proposed
19 amendment and provided for public comment; and
20
21 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-20,
22 recommending approval for the proposed amendment, with edits identified in the resolution for
23 Policies 101.2.2, 101.3.10 and 101.3.12; and
24
25 WHEREAS,the Monroe County Board of County Commissioners is authorized by Florida
26 Statute § 125.01(1)(h).,to establish, coordinate and enforce zoning and such business regulations
27 as are necessary for the protection of the public; and
28
29 WHEREAS, at a regularly scheduled meeting held on January 20, 2021, the Monroe
30 County Board of County Commissioners held a public hearing, considered the County's
31 professional staff report, and provided for public comment and public participation in accordance
32 with the requirements of state law and the procedures adopted for public participation in the
33 planning process; and
34
35 WHEREAS,at the January 20,2021,public hearing,the Monroe County Board of County
36 Commissioners voted to transmit the proposed amendments to the Department of Economic
37 Opportunity to review the proposal, with a modification to Policy 101.3.12 to eliminate the
38 requirement for a development agreement; instead requiring a resolution approving a contract;and
39 -- -
40 WHEREAS, at the January 20, 2021, public hearing, the BDCC adopted Resolution No.
41 041-2021, transmitting the proposed text amendment to the State Land Planning Agency; and
42
43 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
44 Objections, Recommendations and Comments("ORC")report,received by the County on March
45 30, 2021; and
46
Ordinance No.005-2021 Page 3 of 20
File 2020-067
1 WHEREAS,the ORC report stated that"the Department[of Economic Opportunity] does
2 not identify any objections or comments to the proposed amendment"; and
3
4 WHEREAS, Monroe County has 180 days from the date of receipt of the ORC report to
5 adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment;
6 and
7
8 WHEREAS,at a regularly scheduled meeting on April 21,2021,the BOCC held a public
9 hearing to consider adoption of the proposed Comprehensive Plan text amendment; and
10
11 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
12 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
13 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
14 manage land use and development; and
15
16 WHEREAS, based upon the documentation submitted and information provided in the
17 accompanying professional staff report, the Monroe County Board of County Commissioners
18 makes the following findings of fact and conclusions of law:
19
20 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
21 Monroe County Year 2030 Comprehensive Plan; and
22 2. The proposed amendment is consistent with the Principles for Guiding Development for
23 the Florida Keys Area of Critical State Concern, Florida Statute § 380.0552(7); and
24 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
28
29 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
30 legislative intent are true and correct and are hereby incorporated as if fully stated herein.
31
32 Section 2. The Monroe County Comprehensive Plan is hereby amended as follows:
33
Proposed Amendment: deletions are str-ieken 4weuo; additions are shown in underlined.
34
35 Objective 101.2
36 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
37 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
38 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
39 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
40 adopted between the County and all the municipalities and the State agencies.
41
42 Policy 101.2.1
43 Monroe County shall maintain a memorandum of understanding with the State Land
44 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
45 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
Ordinance No. 005-2021 Page 4 of 20
File 2020-067
I data and analysis,the input variables and assumptions, including regional considerations,
2 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
3 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
4 clearance times for the population of the Florida Keys.
5
6 Policy 101.2.2
7 Monroe County shall coordinate with all the municipalities, the State Land Planning
8 Agency and Division of Emergency Management to update the variables and assumptions
9 for the evacuation clearance time modeling and analyses of the build-out capacity of the
10 Florida Keys Area of Critical State Concern based upon the release of the decennial
11 Census data. Pursuant to the 2012 completed hurricane evacuation clearance time
12 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
13 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
14 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
15 maintaining an evacuation clearance time of 24 hours.The County-A411 adopted a slower
16 rate of annual allocations for market rate development to extend the allocation timeframe
17 to 20262r� without exceeding the total of 1,970 allocations (see Policy 101.3.2). The
18 County shall reevaluate the annual RGGO allocation rate based on: 1) statutory changes
19 for hurricane evacuation clearance time requirement standards; 2) new hurricane
20 evacuation modeling by the State Land Planning Agency and Division of Emergency
21 Management; and 3)a new or revised memorandum of understanding with the State Land
22 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
23 West, Key Colony Beach and Layton (see Policy 101.2.1).
24
25 h`otwitlistanding the tore,,,oing and pursuittit to i'olicies 101.3.2 101.3.3 and 101 .3.12
26 Monroe County_ shall establish a ncNv allocation category to accept and a«;ard 300
27 W(Vo OI-Ce housing eZlrly evacuation unit building perinit allocations put_suilnt to the
28 Workforce-Affordable Housing; Initlatlye JI'olicy 101.3.12 Workforce IniIiative). These
29 allocations are in addition to the iliaximum allocations identified in Rules 28-20, F,A—C-,
30 itld shall be required to eVacuate in Phase I of the 48-111' e. ileuatlon of a pcntllngmajor
31 llurricanc.
32
33 Policy 10I.2.3
34 The County will consider capital improvements based upon the need for improved
35 hurricane evacuation clearance times. The County will coordinate with the FDOT, the
36 state agency which maintains U.S.1, to ensure transportation projects that improve
37 clearance times are prioritized.
38
39 - -- Policy 101.2.4
40 In the event of a pending major hurricane (Category 3-5) Monroe County shall
41 implement the following staged/phased evacuation procedures to achieve and maintain
42 an overall 24-hour hurricane evacuation clearance time for the resident population.
43 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
44 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
45 vessels(transient and non-transient),Hiid military personnel and units approved. and
46 dectl restricted as workforce housing early eWICW3l-loil Units from the Florida Keys
Ordinance No. 005-2021 Page 5 of 20
File 2020-067
1 shall be initiated. State parks and campgrounds should be closed at this time or sooner
2 and entry into the Florida Keys by non-residents should be strictly limited.
3 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
4 of mobile home residents, special needs residents, and hospital and nursing home
5 patients from the Keys shall be initiated.
6 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
7 evacuation of permanent residents by evacuation zone (described below) shall be
8 initiated. Existing evacuation zones are as follows:
9 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge(MM 1-6)
10 b)Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40)
11 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
12 63)
13 d)Zone 4-West end of Long Key Bridge to CR 905 and CR 905A intersection (MM
14 63-106.5 and MM 1-9.5 of CR 905)
15 e) Zone 5 -905A to, and including Ocean Reef(MM 106.5-126.5)
16
17 The actual sequence of the evacuation by zones will vary depending on the individual
18 storm. The concepts embodied in this staged evacuation procedures should be embodied
19 in the appropriate County operational Emergency Management Plans.
20
21 The evacuation plan shall be monitored and updated on an annual basis to reflect
22 increases,decreases and or shifts in population; particularly the resident and non-resident
23 populations.
24
25 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
26 of allocations to more than 197 residential units a year, except for affordable housing.
27 Any increase in the number of allocations shall be for affordable housing. Monroe County
28 hereby accepts 300 work fiorceIafltordable) housing early evacuation unit hU1Id ngPern1_it
29 allocaliolls pursuant to the Workftorc e-Aiibrdable Housing Initiative Toiler 1(]1.3.12
30 Workl'orc:c Initiative authorized by the Florida Administration Commission and the
31 Florida ❑epartmeiit Economic Opyoilullity. These allociltlops are in addition to the
32 111axi111un1 allocations idel7tified in Rules 28-20 F.A.C.. shall be restricted to rental
33 occu oancv ftir those who derive at least 70''4,of their income as members of the work force
34 in Monroe Count�w ho_meet the aflbrdahle 110usi11g islcome categories of the Monroe
35 County Latid Development Code. The allocations shall he required to eWICUElte in Phase
36 1 of the 48-hr evaCu211011 01 a .elld111g, maior hurricane. No new additional residential
37 dwellitig unit allocations shall be authorized within the Phase 1 of'the 48-1ir evacuation
38 unless approved acid provided by the Florida Administration Commission and the Florida
3� De xinment Economic Oppoilullity lifter review of 11111-1-1Calle evacuation 111odelllig, results
40 by the Stale Land Pli3illlln Agerocy and the Division_of' Emergency Managcmclit oi'
41 avi3llable e1'acuatioii capacity wid it review of the level of service and malllble iapac11V
42 fin-all public fiacilities.
43
44 Objective 101.3
45 Monroe County shall regulate new residential development based upon the finite carrying
46 capacity of the natural and man-made systems and the growth capacity while maintaining a
47 maximum hurricane evacuation clearance time of 24 hours.
Ordinance No. 005-2021 Page 6 of 20
File 2020-067
1
2 Policy 101.3.1
3 Monroe County shall maintain a Permit Allocation System for new residential
4 development known as the Residential Rate of Growth Ordinance(ROGO) System. The
5 Permit Allocation System shall limit the number of permits issued for new residential
6 dwelling units. The ROGO allocation system shall apply within the unincorporated area
7 of the county, excluding areas within the county mainland and within the Ocean Reef
8 planned development (Future development in the Ocean Reef planned development is
9 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
10 recognized and issued by the Department of Community Affairs). New residential
11 dwelling units included in the ROGO allocation system include the following: affordable
12 housing units; market rate dwelling units; mobile homes; a+R4 institutional residential
13 units(except hospital roams)- and worklifrce liousing early ev,[cuation units.
14
15 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
16 a distinct location, and therefore cannot be accounted for in the County's hurricane
17 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
18 or associated wet slips be transferred upland or converted to a dwelling unit of any other
19 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
20 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
21 Exemption).
22
23 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
-24 units; and seasonal residential units are subject to Policy 101.3.5.
25
26 Policy 101.3.2
27 The number of permits issued for residential dwelling units under the Rate of Growth
28 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
29 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
30 ROGO year and 00 w ork10rce housi11 9 early e.'acuation_unit bui[dingpernnit allocations
31 authorized by the Florida Administration Commission and tiic Florida Department
32 l'connmic OPL101tu nit y. A ROGO year means the twelve-month period beginning on July
33 13. Market rate allocations shall not to exceed 126 residential units per year. Unused
34 allocations for market rate shall be available for Administrative Relief.
35
36 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity
37 completed the hurricane evacuation clearance time modeling task and found that with 10
38 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation
39 clearance time. This creates challenges for State of Florida and Monroe County as there
40 are 8,168 privately owned vacant parcels[3,979 Tier I; 393 Tier 11,260 Tier 111-A(SPA);
41 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new allocations this may
42 result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits
43 in the future. In recognition of the possibility that the inventory of vacant parcels exceeds
44 the total number of allocations which the State will allow the County to award,the County
45 ado ptcd a slo\N er rate ol'annual allocations for market rate development to extend the
46 allocation timetrame to 2026 and is accepting 300 \vork'force alordable ltousing curly
47 evac:uatiois u«it buiidin = )crniit allocations PUYSUMIt to the Workl«rce-Afl'Ordahle
Ordinance No. 005-2021 Page 7 of 20
File 2020-067
1 linusirl�,' lrlitiaiive [Polio• 101.3.12 Workforce Initiati%,c) authorized by the Florida
2 Administration Commission and the Florida Department Economic Oppoilunity. These
3 NN!orkforce housing carly evaCLM6011 2110Catinns that are in addition to the maxlnlultl
4 buildin,-, perinit_allocati_ons identified in Rules 28-20. F.A.C. The C'ounly will consider
5 adopting an extended timeframe for distribution of the ROGO allocations through 2033
6 with committed financial support from its State and Federal partners. This timeframe can
7 provide a safety net to the County and provide additional time to implement land
8 acquisition and other strategies to reduce the demand for ROGO allocations and help
9 transition land into public ownership.
10
11 The County is actively engaged in acquisitions and is requesting its State and Federal
12 partners for assistance with implementing land acquisitions in Monroe County. The
13 County will allocate the 1,970 new dwelling unit allocations t111-0ugh .1uly 12. 2026
14 it 10 - iimeli-am . If substantial financial support is provided by July 12, 24142023,
15 the County will reevaluate the ROGO distribution allocation schedule and consider an
16 extended timeframe for the distribution of market rate allocations (through a
17 comprehensive plan amendment). Further,the State and County shall develop a mutually
1s agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private
19 Property Rights Protection Act cases, with the State having an active role both directly
20 and financially in the defense of such cases.
21
22 The County shall distribute ROGO allocations by ROGO year, as provided in the table
23 below.
24
Annual Allocation
ROGO Year
Market Rate Affordable Housing Workforce lnitiati-,e
July 13,2013—July 12,2014 126 71
July 13,2014—July 12,2015 126 71
July 13,2015—July 12,2016 126
July 13,2016—July 12,2017 126
NfA
July 13,2017 July 12,2018 126
July 13,2018---July 12,2019 126
July 13, 2019—July 12,2020 126
568 total AFH
July 13,2020—July 12,2021 64 (total available
July 13,2021—July 12,2022 64 immediately)
July 13,2022—July 12,2023 64
July 13,2023—July 12,2024 62 3tu1°
July 13,2024—July 12,2025 62
July 13, 2025—July 12,2026 62
TOTAL 1,260 710* Utl
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through
the Incidental Take Permit(ITP)ending in 2023.
Ordinance No.005-2021 Page 8 of 20
File 2020-067
** Workforce hotising earls eyacuatioti unit allocations shall he available countywide (utiincorlxnrated
couniv) acid distributed on a first-tame lirst-serve basis. Rcuuests for d«clling Units de%eloped and/or(Iced-
restricted utlliziiw, the \voi-kl0rce housinu early evacuation will allocations are_subiect to the provisions of,
Policy 101.3.12.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the
3 annual allocation rate. Monroe County will request a Rule change from the
4 Administration Commission to authorize the above allocation timeframe and rate.
5
6
7
8 Policy 101.3.3
9 Monroe County shall allocate at least 20% of the annual allocation, or as may be
10 established by the State of Florida, pursuant to Administration Commission Rules, to
11 affordable housing units as part of ROGO. Any portion of the allocations not used for
12 affordable housing shall be retained and be made available for affordable housing from
13 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
14 workforce housing early evacuation units shall meet the criteria specified in Policy
15 601.1.4 and the Land Development Code, but shall not be subject to the competitive
16 Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed
17 for affordable housing.or workf'Orce housing earl�, evacuation units shall not be located
18 within an area designated as Tier I as set forth under Goal 105 or within a Tier III-A
19 Special Protection Area as set forth in Policy 205.1.1.
20
21 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
22 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
23 the following criteria:
24 1. The property contains an existing market rate dwelling unit that meets the criteria in
25 LDC Section 138-22(a) and is determined to be exempt from ROGO;
26 2. The proposed replacement affordable dwelling unit meets current Florida Building
27 Code and is not a mobile home;
28 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least
29 99 years as affordable housing pursuant to the standards of the Land Development
30 Code; and
31 4. The proposed site plan for the replacement affordable dwelling unit does not propose
32 any additional clearing of habitat.
33
34 Policy 101.3.4
3S The Permit Allocation System (or Rate of Growth Ordinance) for new residential
36 development shall specify procedures for:
37 1. establishing the annual number of permits for new residential units to be issued during
38 the next ROGO year based upon, but not limited to the following:
39 a. expired allocations and building permits in previous year;
40 b. allocations available,but not allocated in previous year;
41 c. number of allocations borrowed from future quarters;
42 d. vested allocations;
43 e. modifications required or provided by Administration Commission Rules;
Ordinance No. 005-2021 Page 9 of 20
File 2020-067
1 f. modifications required or provided by this plan or agreement pursuant to Chapter
2 380, Florida Statutes; and
3 g. receipt or transfer of affordable housing allocations by intergovernmental
4 agreement; and
5 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
6 Clearance Time Memorandum of Understanding.
7 2. allocation of affordable housing; work Iorce housing early eN acuation units and market
8 rate housing units in accordance with Policicsy 101.3.2 and 101.3.3; and
9 3. timing of the acceptance of applications, evaluation and scoring of applications, and
10 issuance of permits for new residential development during the calendar year.
11
12 Policy 101.3.5
13 Due to the limited number of allocations and the State's requirement that the County
14 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
15 shall prohibit new transient residential allocations for hotel or motel rooms,campground
16 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022.
17 Lawfully established transient units shall be entitled to one unit for each type of unit in
18 existence before January 4, 1996 for use as a ROGO exemption. (Ord. No. 024-2011)
19
20 Policy 101.3.6
21 All public and institutional uses (except hospital rooms) that predominately serve the
22 County's non-transient population and which house temporary residents shall be subject
23 to the Permit Allocation System for residential development, except upon factual
24 demonstration that such transient occupancy is of such a nature so as not to adversely
25 impact the hurricane evacuation clearance time of Monroe County.
26
27
28
29 Policy 101.3.9
30 For those ROGO applications and properties which have not received a ROGO award for
31 four consecutive years and have applied for administrative relief, which are designated
32 Tier I, I1, or IIIA, the County or the State shall offer to purchase the property if funding
33 for such is available. Refusal of the purchase offer shall not be grounds for granting a
34 ROGO award.
35
36 Policy 101.3.10
37 Notwithstanding any other provision of the Plan, except the last sentence of this Policy_
38 101.3.10. bUildilIg [arm allocations utilized for affordable housing projects may be
3-9 pooled and transferred between ROGO sub-areas,excluding the Big Pine/No Name Keys
40 ROGO subarea,and between local government jurisdictions within the Florida Keys Area
41 of Critical State Concern (ACSC). Any such transfer of all'Or(able housing allocations
42 between local government jurisdictions must be accomplished through an interlocal
43 agreement between the sending and receiving local governments. Intedocal agreements
44 that it vok e assigning (Ile C'nuntN"',af]'M-daihle Ilk using_(i���t including all'ordahle housing
45 allocations banked for takings cases) allocations it) c.rim-mg, thielling xniis isilhin it
46 1111r+ricipalill•with a requirement that the associated market rate Rt)GO Bl'AS exemptions
47 be transferred into the unincorporated COL111ty as an exchange for the al ordable llousin�4
Ordinance No.Qa-2021 Page 10 of 20
File 2020-067
1 allm�ations transferred to the nlunlclpality% shall be accolrtp71ish_ed_ through a ininor
2 conditional use pennit approval and shell he subject to the receiver site criteria in Polic:
3 101.6.8 and n7av be transferred to an r subarea xyithin the unincol grated Count y. In no
4 event shall the County (l) pool and transfer workforce housing early evacuation unit
5 allocations between RDGO sub-areas, (2) transfer workforce how�early eWlc_ualicm
6 unit allocations to an(lther 'ovuminent jurisdictioti, 3 receive workforce housing early!
7 evacuation unit huilding allocations from another government jurisdiction or 4 transfer
8 affordable housing, ROGO allocatlonns received by the C'ounly ill exchange for workforce
9 housing early evacuation unit allocations to another government iurisdiction.
10
11
12 Policy 101.3.11
13 Monroe County may receive additional building permit allocations pursuant to the 2012
14 completed hurricane evacuation clearance time modeling and allocation
15 recommendations by the State Land Planning Agency and the Administration
16 Commission's direction that the City of Key West would transfer annually(by July 15th)
17 any remaining unused allocations for that year to the other Florida Keys' local
18 governments based upon the local governments' ratio of vacant land. Any transferred
19 allocations from the City of Key West to Monroe County shall be made available for
20 Administrative Relief. Monroe County may receive, and award 300 bUlldln s perniii
21 allocations desi gnatcd as workforce housing early evacuation units Dursuant to the
22 Workforce-Affordable Housing [nitiative (Policy 101.3.12 Workforce _lnitialive) as
23 provided by the Florida AdnMisti-mlon Commission and the Honda Depann7ent
24 Fconon7ic(]7 7rn-lunity. These allocations that al-e In addtllol7 to the nlaxinlum allocations
25 identified in Rules 28-20_ F.A.C. and shall be re wired to evacuate in Phase 1 of'the 48-
26 hr evacuation Ufa pet7dijig 177a1or hurricane.
27
28 Polic)° 101.3.12
29 Workforce Initialire.To support Monroe Count 's xorkforce by alleviating- constraints
30 on affordable housing, to protect private property rights and address potential liability.
31 the Count , is participating in the Workforce-Affordable Housing, hlitiativc Workforce
32 initiative). as apnroved Burin, the .tune 13, 2019 meeting of the Florida Adim111stratiorl
33 ('oii nnission. Monroe County accepts the 300 workforce housing early evacuation
34 building )omit allocations pursuant to the Workforce-Affordable Housl'n g initiative
35 authorized by the Florida Administration Colnnllsslon and the Florida DCparinient
36 Ecolwmic 01)Ip7ortunity. The Work[Orce-Affordable Housing,_ Initiative_ will require
37 dwtilling units constructed and/or deed resiricted with «yorkforce _housing early
38 evacuation bLiddin s permit allocations to evacuate Deco ants in Phase 1 of the 48-hr
39 evacuation of'a pending n7a or hurricane 7ursua111 to the critcs-ia below.
40
41 l o ]illllelD)iite in the ��'orklorce hiitiativc, Mosu-oc County shall be responsible for the
42 management, distribution, and enforcement of requirements alssoclated with the
43 wolkforce housit7 ,' early evacuation building peralit allocations. h'lollroe Cout}ty shall
44 elisure adherence to these requirements iniplenwiiwiinn of this policy and shall
45 allllually proylLle to the Florida Department Economic 0L)L)ortunityaeport indicaling the
46 number of workforce housing, early eyacuationi units built am or deed restricted,
47 occupancy ralles, and colillflialice with the requirement to e acuate the wiits_in Phase 1 of-
Ordinance No. 005-2021 Page 11 of 20
File 2020-067
1 an t:yacualton._The annual report shall be provided to the State in a timely manner such
2 that the State mav include the information in the required Annual Re ot1 to the Governor
3 and Cab inet on the CountN's progress lo\vard completion cTf its Work Program pursuant
4 to mule 28-20. F.A.C. -
5
6 Dwelling units developed and/or deer] restrictCd UtiliArig the workforce housing early
7 evacuation unit allocations are subject to the fiTllowin�-T,:
8
9 (a) Recluests for workforce housing early evacuation unit allocations shall be available
10 only Ior a 1 for 1 exchange For affordable allocations exemptions and require a
11 reserv-ation via BOCC resolution. The BOCC may. at its discretion, place
12 conditions on any reseryalion as it deems appropriate. The BOCC may, at its
13 discretion exchan gc existing, reserved affordable allocations for allocation~ Llndel'
14 the Workforce Initiative to private development and nonprofit sector partners
15 willing to meet the requirements of the wrn-kfin-ce housing eady evacuation unit
16 allocations. further. the BOCC may, at its discretion a l prove the exchange of
17 existimy deed-restricted affn'dahle housing units lawful affordable exemptions) at
18 existing,multifamily resici niial dcyelopments for allocations under the Workforce
19 Initiative_to]2riyate development and nonprofit sector partners willing to nlec:t the
20 requirements of the work force housin11 earl v evacuation unit allocations.
21 1 The affordable allocations returned to the Count in exchange For workforce
22 housing early_ evacuation unit allocations shall be hanked and used for future
23 administrative relief, beneficial use determinations and to resolve inverse
2-4- condemnation casts and Berl 1- Harris. Jr. Pnvate Property Rights Protection
25 Act cases.
26 (2) To malntain-co1_lslstency with Rule 28-20.140(2)(b), F.A.C-. 111C affordable
27 allocations returned to the Counly shall be maintained as affordable allocations
28 and shall also he returned to the original allbrdable housing category (very
29 lo« low/median income vs. moderate income pool).
30 (3)The workforce housing, early evacuation unit allocations must be utilized based
31 on the Original approved affordable housing income Category or a lesser income
32 Category.
33 (4) Admimstrative relief'n7e:ans actions taken by the Comity_ ranting the owner of
34 real property relief- from the continued application of the Rate of Growth
35 Ordinance (RC GO) restrictions provided they meet the criteria established in
36 the Con1 rehensive Plan and Land Development Code.
37 (5) Beneficial use means the use of property that aIIow s an owner to derive a bevel it
38 or profit in the exercise of-a hasic p ro lerty right. For the 111r ose o I'd iis poIicv
39 beneficial use shall mean the 1111111n1L1111 USe Of the 171'Ol7erty necessary to avoid
40 the finding;ofa regulatory takinT; under current land use arse law-
41 (b) 'HIC Construction off dwelling units, the rcdcvcfopmcnt or the deed restriction of
42 existing; dwelling UT11iS untiring workforcc._housing_ Carly Cvacuatioll unit
43 allocations shall require approval ofa resolution approving a Contract between the:
44 BOCC _and the applicant to t)fiicially exchaTnc:.-the allocations and confil111
45 compliance with the requirements Workforce Initiative within this Policv.
46 (c) _All workforce housing early evacuation units requires a_deed-rest riction ensuring:
47 [1) Before arty buiIding perm it n>ay be issued fir any Structure,portion„or phase of
Ordinance No. 005-2021 Page 12 of 20
File 2020-067
I it project subiect to the Workforce Initiative a restrictive covenant shall he
2 approved by the Planning Director and County Attorney and recorded in the
3 Office of the-Clerk of the County to ensure compliance with the provision of
4 this section running In favor of the County and enforceable by the County and,
5 it' applicable, a participating municipality. The fol€owing requirements shall
6 apply to these restrictive covenants:
7 a. The covenants for any worktbrce housing early evacuation units shall he
8 effective for 99 years.
9 h_, "rile Covenams shall not ConlmenCe rulltlill until a certificate of occu pancy
10 has been issued by the Building Official fire the dWellill T L€ lllit 01'dW_ellillg
11 units to which the covenant or covenants apply.
12 c. For existing, dwelling units that are deed-restricted as workforce housing
13 early evacuation units, the covenants shall commence running upon
14 recordation in the Official Records of'Monroe County.
15 (2) The covenants shall require chat the workforce housing f early evacuation Ulllts
16 to be restricted to rental occupancy for those who derive at least 70% of their
17 income as members of' the wol-kfol-ce in Monroe County and xyho meet the
18 affordable housing; income categories of the Monroe County Land
19 Deve loLmienf Codc. The occupants are required to Annually verily their
20 employment and income eligibility.
21 (3) The covenants shall require occupants„to evacuate in Phase 1 of the 48-hr
22 evacuation cif a pending major hurricane. Persons living in the; w•orkljorcc
23 housinn--early_ e_v acuation units who may he exemplcd From e acuatio1l
24 rec Uirements are limited to law enforcement. correctional and fire ersonnel
25 health dire personnel. and public employees with emergency management
26 responsibilities. It' there is an occupant that indicates their employment is
27 considered a 'first-responder position and not included in the list ofexC III ptio1)s
28 above, then the Planning, Dire tor shall_detenuine, in writing,. whether the
29 pason niav he exempted because ol' a re uiremettt to relltaili during an
30 emergency. Any person claiming exemption under this provision shall SUbmit
31 of an affildavit ol'qualification and f 11111full. C�}' their status With the onlsite
32 properly management.
33 (4)_ The covenants shall require rental agreements which Contain a separate
34 disclosure requil-ing, relltal occupants to acknowledge the existing restrictive
35 covenant on the unit requiring evacuation in Phase 1 of the 48-111- evacuation
36 and_lhat failure to adhere to the Phase l evacuation requirement could result in
37 severe penalties, including eviction, to the occupant.
38 The covenants shall require onsite proveily managers and a separate
39 em plo yment disclosure roc Uirin g the maintenance of training in evacuation
40 procedures_and an achnowlectgenlcnt that failure to adhere to the Phase l
41 evacuation requirement could 1'eSLdt Ill severepenallies. including termination.
42 (d) Workforce housing earlY'..ev�acualion units shall be: restricted to rental occupancy
43 for those who derive al least 70% oftheir income as members ofthe workforce in
44 Monroe County and who meet the alTordah€e housin , income categories of the;
45 Monroe County Land Development Codc. Work 60rce means„1nd1viduaIs or families
46 who are gainfully employed su Ivin - goods and/or services to Monroe County
47 residents or visitors.
Ordinance No. 005-2021 Page 13 of 20
File 2020-067
I (e) Workforce housin�y e%-acuation units shall require onsite property
2 nlanagement with property managers trained in evacuation procedures and required
3 to the evacuatlon of tLmitils 1]1 Phase I of all eVdC:LIM1011. Dunn,;lradlllonal
4 working 11oL1r5. the property rllanager must be al an office within the ►vorkftn-cc
5 housing early evacuation unit de�vlopnient subject property. Outside the traditional
6 working hours, the property manager must be ava'lable at all t'n7es to respond to
7 cvac'uat'on orders.
8 (f) The property management entity for the �\,orkforcc housing early evacuation units
9 shall be required to annually verify the eniploylnent and income eligibility of
10 tenants: report She total ur]its on the site, the occupancy rates of units, anti tenant
11 coillpliallce: with the requirement to eVil WIIe_the Lrr7ltS Ir] Phase l of all eyacuatloll.
12 including the number of occupants that are exempt from the evacuation
13 requireniews. The properly numagelncrit entity must submit a report to the Planning
14 anti Eiivironmental Resources Department by May 1 of each year. Further, each
15 ]case and this annual rcoort shall be kept by the properly manager and be available
16 for inspection by the County during traditional 4i,orking hours.
17 0)) Workforce housing early evacuation units shall be located within an area des' rn�d
18 as Tier III.
19 (h) Workforce housing early evacuation units shall not be located in the V-Zone or
20 within a Coastal Barrier Resource System (CBRS).
21 (1) Workforce housing, eqLly evacuation units shall be located oii a property which has
22 ill] ulfl-aslructure available (polable water, a(le(AWIte WiilSlMilter trca0I1ellt MId
23 disposal w tste��,ater meeting adopted LOS, paved roads. etc.).
24 {jl All workforce housin,, early evacuatlon ur]tts ]Must demonstrate compliance witli
25 all applicable lcderal standards for accessib'iityfor persons with disabilities (ADA
26 Compliance).
27 (k) To the greatest extent practicable,a development utilizing workforce ]lousing early
28 evacuation unit allocations shall incorporate sustainable and resilient desigi
29 princiilles into ffie overall site design ar7d be accessible to emplo,ymer7t centers in
30 Key West, Stock Island and Marathon.
31
32 GOAL 601
33 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
34 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
35 population based on type, tenure characteristics, unit size and individual preferences.
36
37 Objective 601.1
38 To ensure that affordable liousin,-2pportunities arc available throughout the enlire Community
39 and to maintalr] a balanced anti sustainable local economy and the provision of essciinal
40 sc]-N'iccs, Monroe County shall implement the following defined policies to reduce estimated
41 affordable housing need for its workforce anti households in the very low, low, median and
42 moderate income classifications.
43
44 Policy 601.1.1
45 Monroe County shall maintain land development regulations, in conjunction with the
46 Permit Allocation System, for apportioning future affordable housing development
47 ar-lt ial hii4is.
Ordinance No. 005-2021 Page 14 of 20
File 2020-067
1
2 Policy 601.1.2
3 Monroe County shall continue expand its participation in Federal and State housing
4 assistance programs to rehabilitate owner and rental housing for very low, low, median,
5 and moderate income residents by seeking grants, loans, and technical assistance in
6 conjunction with the Monroe County Housing Authority 1� mod y 1 2024.
7
8 Policy 601.1.3
9 The Monroe County Land Authority shall maintain a list of buildable properties owned
10 or targeted for acquisition by the Land Authority which potentially could be donated or
11 made available for affordable housing. This list will be updated annually and made
12 available to the public.The guidelines established in Policies 601.1.10 and 601.1.11 shall
13 be considered in the formulation of this list.
14
15 Policy 601.1.4
16 All affordable housing projects which receive development benefits from Monroe
17 County, including but not limited to ROGO allocation award(s) reserved for affordable
18 housing, maximum net density, or donations of land, shall be required to maintain the
19 project as affordable for a period of 99 years pursuant to deed restrictions or other
20 mechanisms specified in the Land Development Code, and administered by Monroe
21 County or the Monroe County Housing Authority.
22
23 Policy 601.1.5
?4 If Monroe County funding or County-donated land is to be used for any affordable
25 housing project, alternative sites shall be assessed according to the following guidelines:
26 1. The location of endangered species habitat. Sites within known, probable, or
27 potentially suitable threatened or endangered species habitat shall be avoided.
28 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall
29 be determined according to the ranking specified in the Environmental Design
30 Criteria section of the Land Development Code. Disturbed sites shall be selected,
31 unless no feasible alternative is available.
32 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be
33 avoided.
34 4. The level of service provided in the vicinity for all public facilities. Areas which are
35 at or near capacity for one or more public facility should be avoided.
36 5. Proximity to employment and retail centers. Sites within five miles of employment
37 and retail centers shall be preferred.
38
3-9 --- - Policy 601.1.6
40 Monroe County shall identify funding sources that could be made available to support
41 community-based non-profit organizations such as Habitat for Humanity in their efforts
42 to provide adequate affordable housing.
43
44 Policy 601.1.7
45 Monroe County shall continue to participate in the State Housing Incentives Partnership
46 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe
47 County shall also continue to maintain a Local Housing Assistance Plan and Affordable
Ordinance No. 005-2021 Page 15 of 20
Fife 2020-067
1 Housing Incentive Strategies as specified in the Act and recommended by the Monroe
2 County Affordable Housing Advisory Committee.
3
4 Policy 601.1.8
5 Monroe County shall allocate at least 20%of the annual ROGO allocation,or as may be
6 established by the State of Florida, pursuant to Administration Commission Rules, to
7 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
8 this separate allocation must meet the criteria established in the Land Development Code.
9 Monroe County may mk,a rd 300 additional building hermit allocations designated as
10 workforce]lousing early evacuation units pursuant to the Workforce-Affordable H_causing
11 Initiative (Policy 101.3.12 Workforce Initiative) as provided by the Florida
12 Admimstratlotl Commission and the Florida Department Economic; Opportunity. These
13 allocmlons are in addition to the maximum allocations identified in Rules 28-20, F.A.C'._
14 are restricted to rental occupancy for tllose who derive at least 7W4, of their income as
15 members of the workforce in Monroe Couniv and who meet the afibl-dable houslng,
16 incollic categ()rics of the Monroe County Land Devclopment Code. and shall be required
17 to evacuate in Phasc 1 of the 48-hr evacttaiion of'a pending major hurricane.
18
19 Policy 601.1.9
20 Monroe County shall maintain land development regulations which may include density
21 bonuses, impact fee waiver programs, and other possible regulations to encourage
22 affordable housing.
23
24 Policy 601.1.10
25 The Land Authority may acquire land for affordable housing projects if they are deemed
26 appropriate and acceptable by the Land Authority as meeting the intent of:
27 1. the affordable housing provisions in the Land Authority's enabling legislation;
28 2. the goals, objectives and policies of this Plan; and
29 3. the land use designations specified on the Future Land Use Map and in the Monroe
30 County Land Development Regulations.
31
32 Policy 601.1.11
33 The Land Authority shall not list or acquire vacatlt lands as potential affordable housing
34 sites if the lands exhibit any of the following characteristics:
35 1. Any portion of the land lies within a known, probable, or potentially suitable
36 threatened or endangered species habitat.
37 2. The land has a Tier designation other than Tier III.
38 3. The land is located in a V-Zone, on an offshore island or within a CBRS unit.
39
40 Policy 601.1.12
41 Monroe County shall annually monitor the eligibility of the occupants of housing units
42 which have received special benefits, including but not limited to those issued under the
43 affordable housing provisions specified in the Land Development Code or those issued
44 through the Permit Allocation System. If occupants no longer meet the eligibility criteria
45 specified in the Plan and in the Land Development Code, and their eligibility period has
46 not expired, then Monroe County may take any one or a combination of the following
47 actions:
Ordinance No. 003-2021 Page 16 of 20
File 2020-067
1 1. require the payment of impact fees, if they were waived;
2 2. proceed with remedial actions through the Department of Code Compliance, as a
3 violation of the Monroe County Code;
4 3. take civil court action as authorized by statute, common law, or via agreement
5 between an applicant and the County; and/or
6 4. require the sale or rental of the unit(s)to eligible occupants.
7
8 Policy 601.1.13
9 Monroe County shall maintain land development regulations on inclusionary housing and
10 shall evaluate expanding the inclusionary housing requirements to include or address
11 nonresidential and transient development and redevelopment based on specific data and
12 analysis.
13
14 Objective 601.2
15 Monroe County shall adopt programs and policies to encourage housing of various types,sizes
16 and price ranges to meet the demands of current and future residents
17
18 Policy 601.2.1
19 Public-private partnerships shall be encouraged to improve coordination among
20 participants involved in housing production. In these efforts, the County will establish a
21 comprehensive central depository for housing information located at the Monroe County
22 Housing Authority and Growth Management Division for the coordination and
23 cooperation among public and private agencies which collect and use housing data.
24
25 Objective 601.3
26 Monroe County shall continue implementation efforts to eliminate substandard housing and to
27 preserve, conserve and enhance the existing housing stock, including historic structures and
28 sites.
29
30 Policy 601.3.1
31 Monroe County shall coordinate with other County agencies to monitor housing
32 conditions. Standards for evaluation of the structural condition of the housing stock are
33 summarized below:
34 Sound: Most housing units in this category are in good condition and have no visible
35 defects. However, some structures with slight defects are also included.
36
37 Deteriorating: A housing unit in this category needs more repair than would be
38 provided in the course of regular maintenance, such as repainting. A housing unit is
39 classified as deteriorating when its deficiencies indicate a lack of proper upkeep.
40
41 Dilapidated(Substandard): A housing unit in this category indicates that the unit can
42 no longer provide safe and adequate shelter or is of inadequate original construction
43 including being constructed below the minimum required elevation by FEMA or the
44 County's Floodplain Regulations.
45
46 Policy 601.3.2
Ordinance No. 005-2021 Page 17 of 20
File 2020-067
1 The County Code Compliance Office and Building Department will enforce building
2 code regulations and County ordinances governing the structural condition of the housing
3 stock, to ensure the provision of safe, decent and sanitary housing and stabilization of
4 residential neighborhoods.
5
6 Policy 601.3.3
7 Monroe County shall encourage expanded use of U.S. Department of Housing and Urban
8 Development (HUD) rental rehabilitation programs by the Monroe County Housing
9 Authority and State and Federal Floodplain or Hazard Mitigation programs to facilitate
10 increased private reinvestment in housing by providing information, technical assistance
11 in applications for federal and State funding, or provide local public funds for
12 rehabilitation purposes.
13
14 Policy 601.3.4
15 Monroe County shall encourage identification and improvement of historically
16 significant housing through the coordination of public information programs defining
17 benefits and improvement funding sources.
18
19 Objective 601.4
20 Monroe County shall maintain land development regulations which allow group homes and
21 foster care facilities licensed or funded by the Florida Department of Health(DOH),as well as
22 subsidized housing for elderly residents of the County, to be located in residential areas as
23 appropriate.
24
25 Policy 601.4.1
26 Monroe County shall maintain land development regulations which permit group homes
27 and foster care facilities {homes of six or fewer residences which otherwise meet the
28 definition of Community Residential Home pursuant to F.S. § 419.001(1)(a)) licensed or
29 funded by the DOH in all land use categories which permit residential development where
30 consistent with other goals,objectives, and policies of this Comprehensive Plan.
31
32 Policy 601.4.2
33 The County shall identify and evaluate alternative strategies to expand subsidized housing
34 programs for elderly residents of Monroe County through coordination with the Monroe
35 County Housing Authority, and encourage their development by private, community-
36 based non-profit, or public entities, as well as public/private partnerships.
37
38 Objective 601.5
39 T lie County shall provide uniform and equitable treatment for persons and businesses displaced
40 by state and local government programs, consistent with F.S. §421.55.
41
42 Policy 601.5.1
43 By May 1,-24 2024, Monroe County shall adopt uniform relocation standards for
44 displaced households.
45
46
Ordinance No.005-2021 Page 18 of 20
File 2020-067
1 Section 3. Construction and Interpretation. This Ordinance is necessary for the health,
2 safety, and welfare of the residents of and visitors to the County.This Ordinance shall be liberally
3 construed to effect the public purpose(s)hereof. Interpretation of this Ordinance shall be construed
4 in favor of the Monroe County Board of County Commissioners ("Monroe County" or the
5 "County"), and such construction or interpretation shall be entitled to great weight in adversarial
6 administrative proceedings, at trial, in bankruptcy, and on appeal.
7
8 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
9 If any provision of this Ordinance,or any portion thereof, is held to be invalid or unenforceable in
10 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
11 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
12 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
13 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
14 continue unimpaired in full force and effect.
15
16 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
17 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an
18 ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance
19 which has been repealed thereby.
20
21 Section 6. Transmittal. This Ordinance shall be transmitted to the Florida State Land
22 Planning Agency as required by Florida Statute § 380.05(11)and Florida Statute § 380.0552(9).
23
24 Section 7. Filing. This Ordinance shall be filed in the Office of the Secretary of the State
25 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency
26 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
27 Statutes, and after any applicable challenges have been resolved.
28
29 Section 8. Inclusion in the Monroe County Comprehensive Plan. The text amendment
30 shall be incorporated in the Monroe County Comprehensive Plan.The numbering of the foregoing
31 amendment may be renumbered to conform to the numbering in the Monroe County
32 Comprehensive Plan.
33
34 Section 9. Effective Date. This Ordinance shall become as provided by law and stated
35 above.
36
37 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
38 Florida, at a regular public meeting held on the 2 1'day of April 2021.
39
40 Mayor Michelle Coldiron Yes
41 - Mayor Pro Tern David Rice Yes
42 Commissioner Craig Cates Yes
43 Commissioner Eddie Martinez Yes
44 Commissioner Mike Forster Yes
45
46 BOARD OF COUNTY COMMISSIONERS
47 OF MONROE COUNTY, FLORIDA
48
Ordinance No. 005-2021 Page 19 of 20
File 2020-067
r r
Imo`, ',I
l ,,
1 ` , BY:
2 '° I` MAYOR MICHELLE COLDIRON
Nl
4 MONROE GO ATTORNEY
$ 'PI
TO FORM
G � ST: EVIN M OK, CLERIC7 PETER
ASSISTANT 00UNTY AMORRISTFORNEY
8 AS DEPUTY CLERK
Date: 4.5.21
9
j
S
C--:1 co
Ordinance No.005-2021 Page 20 of 20
File 2020-067
E
KEiY*WEST
The Florida Ifeys Only Deily Newspaper,Est 18701
010 8ox f 000,Key~FL 33N 1
P:(3f18)2a2-r"?arr.21p F;(W5)205.8625
"fsQkaysrwws.com
MONROE CO PLANNING ❑EPT
MURRY E NELSON GOVERNMENT CENTER
102060 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 385635
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [Iegal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
who on oath says that he or she is
of the Key West Citizen,a daily
newspaper pubtish in West,in Monroe County,Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of
Sunday,April 4,2021
Ainetli iutittep says dial the Key West Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been Continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West,h said
Monroe County,Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has
nei id nor t ny person,firm or corporation any discount,rebate,
missi n arI. no for purpose of securing this advertisement for publics-
ti in d
( u of
Affi u b0fom me tKa 1 eth day of April 2021
C t
Notary ubl' N ] (Notary Seal)
My commission expires
Personally Known JL Produced Identification
Type of Identification Produced
""'t,
Notary FutNir Srste of F�pnaa
�4Ev y C l7 w;55tolvly Comrn,ssior}: ;ga.32
t:apIr*503i2512G:'_�
MONROECOPL 19 365635 t.pdf 1 VW21 127 PM
MONROE COUNTY BOARD3F
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE MONROE
COUNTY COMPREHENSIVE' PLAN
NOTICE OF CHANGE TO THE MONROE
COUNTY LAND DEVELOPMENT CODE
April 21 p 2021
NaTT N 1$1100 faBY QMW that an Wednesday,AprM gt,2M the Alamo*Cwoft SoeM of Cow ty
ComnoWdonws wB b W a Public Meeting,bao kg at ORM AK The&=MOWN rHN be a"format
with the County CwffnkWm metnbers maetkg Nva In Ma uffu n,while Rie pulft WIN be able to parlidpats Ma
Zoom W1 b .The blowing Itema will bs considered at a PUBLIC MEETWO:
PUBLIC HEARING&-130 PM(or as noon tharsafter ee may be heerdq:
ADOPTING
AMENDMENTS TC THE MONROE COUNTY 2030 COMPREHE 4WM PLAN AMENDPIO THE FUTURE LAND
USE ELEMENT AND THE HOLISM ELEMENT TO ESTABLISH A NEW BUILDING PERMIT ALLOCATION
CATEGORY TO ACCEPT AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT BUILDING
PERMIT ALLOCATIONS PURSUANT TO THE WORKFORCE-AFFORDAaK HOUSING INITIATIVE
(WORKFORCE INITIATIVE}AUTHORIZED BY THE FLORIDA ADMINISTRATION COMMISSION AND THE
FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY BY AMENDING AS WELL AS CLA1atFYMdG POLICIES
101.2.2. 1012.4, 101.3.1. 101.3.2,ibi.3.3, 101.3.4, 101.3,10. 101.3.11.001.1,8t11.1:1,001.1.2,501.1,8,
001.1.11,W1.5.1 AND CREATING NEW POLJCY 101.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE
INITIATIVE REQUIREMENTS:PROVIDINQ FOR SEVERAINUTI;pAOVVM FOR REPEAL OF OOWL1CTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND.PLANNIMO AGENCY AND THE
SECRETARY OF STATE;PROVOMJO FOR INCLUSION IN THE MONROE CNJNTY COMPOMNSIVE PLAbI;
PROVIDING FOR AN EFFECTIVE DATE. (FILE 2=-D"
AN QRDMWE BY THE
ADOPTING
AMENDMENTS TOTHE MONROE COUNTY LAND DEVELOPMENTCODE AMEND MO'THE$WTION 1$8.24,
RESIDENTIAL ROGO ALLOCATKM TO ESTABLISH A NEW BUILDING YEFIIYIIT AI:I..OQAnm[r4TEC m
TO AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNfT BUILDING DING PEFW ALLOCATIONS
PURSUANT TO THE WORKFORCE-AFFORpABLE HOUSm INITU,TIVE (WORKFORCE INIT7 nM
AUTHORIZED BY THE FLORIDA ADMINISTRATION COMMESgN MV THE FLORIDA DERW MENT
ECONOMIC OPPORTUNITY AND TOESTABLISH THE SPJ�CIF1p WORKPDW B+NITATIVE FftU MEMEN M:
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONIFLC IIG PROVIBIOIk;
FOR TRAN8MrrTALTOTHE STATE LAND PLAN I INGAGENCY ANDTHEBeIViETARYOFSTATE;
FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-068)
Please Omit the Monroe County Webrus a1 fkW any agmuto Lpdsks and
k9 msiion regarding the rarWW 400M available to Ow Mkk>o i4err the I"meeting wrdlor to
make pubHe eommenfe on eellaln apwida Mani&
FVmuarrf to Section 286.0705 FWft SWvfeq N a perwt doo0ar to appm any deeftW of the Board of
County Commissioners,with respect to arty matter conskWed at Via rhea ft or heath!,he or she wo now a
record of the pmCBad rVs,arrd that fir such purpose,he or she may need to ensure a verbatim record of the
procesOngs is trade,which retard kxlwdas the ItWimony 3 owdence upon which hha Mweal a to be based.
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01�14
Kevin Madnk, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
April 30, 2021
Deparmen of'Stale
Administrative Code& Register
500 S Bronougll Street
'1,allallassee FT.323994)2.50
To Wliorii 11 May Concern,
Attacl led is an electronic copy of Ordinance No. (H).5-2021 adopting anletidlnents to ale
Monroe County 2030 Compreliensive Plan `unending the Future Land i Ise Clement and the
Housing Clemcnt to establish a new building pennit.allocation category to accept wid award 300
worklorce housing early evacuation unit building pennit allocations pursuant to the Workforce-
ikSordable Housing Initiative (Workforce Initiative) authorized by die. Florida Administration
Commission and die Florida Department 1,conoinic. Opportunity by amending as well as clan-#yiiig
Policies 101.2.2, 101.2.4, 101.3.1, 101.342, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1, 601.1.1,
601.1.2, 601.1.8, 601.1.11, 601.5.1 aril creating new Policy 101.3.12 to establish the specific
work#orce initiative requirements; providing for severability; providing liar repeal cif con#licting
lynnisions; pr(widing f(.)r(ransiniltal to die State Land Planning Agency and Cie Secretary of State;
provding for amendment to and incorporation in the Monroe County Compreliensive Plan;
providing for an effective date. (File No. 2020-067)
'171iis Ordinance was adopted by the Monroe County 13oard of County Commissioners at a
regular nieeting, held irl lornlal session, on April 21, 2021. Should you have any questions please
feel free to contact me at (30.5) 292-3550.
Respectfully Submitted,
Ke,%in Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex{011icio to the Monroe County
Board of County Commissioners
I)f P,-une1a G. H icock, 1).[
cc: Planning& 1'nvironmental
County Attorney
B[)CC
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
r
ti
e,.
R I T I M 11 E 11 N T I'll�f'S'T' ATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
May 3, 2021
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 005-2021, which was filed in this office on April 30,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
FLORIDACOMMERCE MISS=
November 4, 2025
The Honorable Jim Scholl
Mayor, Monroe County
530 Whitehead Street
Key West, Florida 33040
Dear Mayor Scholl,
FloridaCommerce has completed its review of the adopted comprehensive plan amendment for Monroe
County(Amendment No. 25-03ACSC),which was received on August 26, 2025. FloridaCommerce
received the adopted amendment in accordance with the state coordinated review process set forth in
sections 163.3184(2) and (4), Florida Statutes(F.S.).
FloridaCommerce has identified a conflict with the application of Chapter 2025-190, Section 28, Laws of
Florida (L.O.F.),and the adopted comprehensive plan amendment.These conflicts render the adopted
comprehensive plan amendment null and void ab initio pursuant to Chapter 2025-190,Section 28, L.O.F.
Chapter 2025-190 provides:
Section 28. (1) Each county listed in the Federal Disaster Declaration for Hurricane Debby(DR-
4806), Hurricane Helene (DR-4828),or Hurricane Milton (DR-4834), and each municipality within
one of those counties, may not propose or adopt any moratorium on construction,
reconstruction, or redevelopment of any property damaged by such hurricanes; propose or
adopt more restrictive or burdensome amendments to its comprehensive plan or land
development regulations; or propose or adopt more restrictive or burdensome procedures
concerning review, approval, or issuance of a site plan, development permit, or development
order,to the extent that those terms are defined by s. 163.3164, Florida Statutes, before
October 1, 2027, and any such moratorium or restrictive or burdensome comprehensive plan
amendment, land development regulation,or procedure shall be null and void ab initio. This
subsection applies retroactively to August 1, 2024.
For the reasons outlined herein, Monroe County's adopted amendment 25-03ACSC is more restrictive or
burdensome making it null and void ab initio pursuant to Section 28 of Chapter 2025-190, L.O.F.
If you have any questions related to this review, please contact James Stansbury, Bureau Chief, by
telephone at (850)-717-8512 or by email at James.Stansbury@Commerce.fl.gov.
Sincere .._. ...
es D.Stansbury,Chief
ureau of Community Planning and Growth
J DS/a cs
cc: Devin Tolpin,AICP,Sr. Director of Planning'-and"Environmental Services, Monroe County
Cheryl Cioffari,AICP, Assistant Director of Planning, Monroe County
Isabel Cosio Carballo, MPA, Executive Director, South Florida Regional Planning Council
An equal opportunity employer/program.Auxiliary aids and service are available
is
upon request to individuals with disabilities.All voice telephone numbers on ME
document may be reached by persons using TTY/TTD equipment via the Florida
Relay Service at 711.
Chapter 2025-190,Section 28, L.O.F. provides:
Section 28. (1) Each county listed in the Federal Disaster Declaration for Hurricane Debby (DR-4806),
Hurricane Helene (DR-4828), or Hurricane Milton (DR-4834), and each municipality within one of those
counties, may not propose or adopt any moratorium on construction, reconstruction, or redevelopment
of any property damaged by such hurricanes; propose or adopt more restrictive or burdensome
amendments to its comprehensive plan or land development regulations; or propose or adopt more
restrictive or burdensome procedures concerning review, approval, or issuance of a site plan,
development permit, or development order, to the extent that those terms are defined by s. 163.3164,
Florida Statutes, before October 1, 2027, and any such moratorium or restrictive or burdensome
comprehensive plan amendment, land development regulation, or procedure shall be null and void ab
initio. This subsection applies retroactively to August 1, 2024.
Monroe County adopted amendment 25-03ACSC revises the County's comprehensive plan to include a
policy that is more restrictive or burdensome than Monroe County's currently adopted Comprehensive
Plan.The following policy is more restrictive or burdensome: Policy 101.3.2.
An equal opportunity employer/program.auxiliary aids and service are available
ME
upon request'to individuals with disabilities.All voice telephone nurnbers on this
docur rent may be reached by persons using TTY/TTD equipment via the Florida
Relay Service at 731.
FLORIDACOMMERCE MESM
May 27, 2026
The Honorable Michelle Lincoln
Mayor, Monroe County
7280 Overseas Highway#2
Marathon, Florida 33050
Dear Mayor Lincoln,
FloridaCommerce has completed its review of the proposed comprehensive plan amendment for
Monroe County(Amendment No. 26-02ACSC), which was received on April 20, 2026. FloridaCommerce
has reviewed the proposed amendment in accordance with the state coordinated review process set
forth in sections 163.3184(2)and (4), Florida Statutes(F.S.), for compliance with Chapter 163, Part II, F.S.
FloridaCommerce does not identify any objections or comments to the proposed amendment,and this
letter serves as the Objections, Recommendations and Comments Report. Review comments received
by FloridaCommerce from the appropriate reviewing agencies, if any, are enclosed.
The County should act by choosing to adopt,adopt with changes or not adopt the proposed
amendment. For your assistance,the procedures for final adoption and transmittal of the
comprehensive plan amendment are enclosed.
The second public hearing,which shall be a hearing on whether to adopt one or more comprehensive
plan amendments, must be held within 180 days of your receipt of FloridaCommerce's attached report,
or the amendment will be deemed withdrawn unless extended by agreement with notice to
FloridaCommerce and any affected party that provided comment on the amendment pursuant to
section 163.3184(4)(e)1., F.S.The adopted amendment must be transmitted to FloridaCommerce
within ten working days after the final adoption hearing or the amendment shall be deemed
withdrawn pursuant to section 163.3184(4)(e)2., F.S.
If you have any questions related to this review, please contact Zachery Chenault, Planning Analyst, by
telephone at(850)-717-8538 or by email via Zachery.Chenault@Commerce.fl.gov.
d
Sincel �.......
V
J es D. Stansbury, Chief
ureau of Community Planning and Growth
J DS/zc
Enclosure: Procedures for Adoption
cc: Devin Tolpin,AICP, Senior Director of Planning & Environmental Services
Cheryl Cioffari,AICP,Assistant Director of Planning
Isabel Cosio Carballo, MPA, Executive Director, South Florida Regional Planning Council
An equal opportunity employerjprograrn.Auxiliary aids and service are available
upon request to individuals with disabilities.All voice telephone numbers on thi<,
t •° t a , w 'M document may be reached by persons using T Y D equipment via the Florida
Relay Service at 711.
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using FloridaCommerce's
p n and
electronic amendment submittal portal "Com rmwehgnsive Plan Amendment U laad"
_ _ __
att m fdem ym q s�„jg'es.wcr�! )or submit three complete copies of all comprehensive plan
(._..
materials, of which one complete paper copy and two complete electronic copies on CD ROM in
Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government: the appropriate Regional Planning Council,
Water Management District, Department of Transportation, Department of Environmental Protection,
Department of State, the appropriate county(municipal amendments only),the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services(county plan
amendments only), and the Department of Education (amendments relating to public schools), and for
certain local governments,the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
State Land Planning Agency identification number for adopted amendment package.
Summary description of the adoption package, including any amendments proposed but not
adopted.
Ordinance number and adoption date.
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government.
Name,title, address,telephone, FAX number and e-mail address of local government contact.
Letter signed by the chief elected official or the person designated by the local government.
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments, changes should be shown in strike-through/underline format.
In the case of future land use map amendment, an adopted future land use map, in color
format,clearly depicting the parcel, its existing future land use designation and its adopted designation.
A copy of any data and analyses the local government deems appropriate.
_ ..
Effective:June 2,2011(Updated December 2024) Page 2 of 3
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required.
Copy of executed ordinance adopting the comprehensive plan amendment(s).
Suggested effective date language for the adoption ordinance for state coordinated review:
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be
the date the state land planning agency posts a notice of intent determining that this
amendment is in compliance. If the amendment is timely challenged,or if the state land
planning agency issues a notice of intent determining that this amendment is not in compliance,
this amendment shall become effective on the date the state land planning agency, or the
Administration Commission enters a final order determining this adopted amendment to be in
compliance."
List of additional changes made in the adopted amendment that the FloridaCommerce did not
previously review.
List of findings of the local governing body, if any, that were not included in the ordinance, and
which provided the basis of the adoption or determination not to adopt the proposed amendment.
Statement indicating the relationship of the additional changes not previously reviewed by the
FloridaCommerce to the ORC report from the FloridaCommerce.
Effective:June 2,2011(Updated December 2024) Page 3 of 3
j�
BUSINESS IMPACT ESTIMATE'
Meeting Date: July 15,2026
Proposed Ordinance Title/Reference: Ordinance Adopting Amendments to the Monroe
County Comprehensive Plan to Modify the Future Land Use Element and Housing Element
Requirements Related to the 300 Keys Affordable Workforce Housing Initiative Early
Evacuation Unit Building Permit Allocations Created by the Governor of Florida, Attorney
General of Florida, Chief Financial Officer of Florida, and Florida Agriculture Commissioner
Acting in their Capacity as the Florida Administration Commission by Removing the 1-for-1
Takings and Bert Harris Act Liability Reduction Exchange Requirement by Amending and
Clarifying Comprehensive Plan Policies 101.2.2,101.2.4,101.3.1,101.3.2,101.3.3,101.3.4,101.3.10,
101.3.11,101.3.12,601.1.8.
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;
❑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. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code;or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served: This
ordinance will amend the Monroe County Comprehensive Plari s Future Land Use Element
and Housing Element to eliminate the Monroe County Comprehensive Plan's existing 1-for-1
takings and Bert Harris liability mitigation exchange requirement for the remaining 300
workforce affordable housing early evacuation unit building permit allocations.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:
The ordinance ("amendment") is not intended to directly impact business compliance
costs.
b. New Charges/Fees on Businesses Impacted:
This amendment does not impose any new County fees/charges to be assessed.
c. Estimate of Regulatory Costs:
This amendment does not impose any added regulatory expense and therefore is not
anticipated to create such costs associated with compliance such as County regulations.
'Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
Good Faith Estimate of Number of Businesses Likely pacted: The estimated number of
businesses likely to be impacted by this ordinance ("amendment") cannot be quantified at this
time because the amendment neither is intended to directly impact business compliance costs
nor imposes any County fees/charges to be assessed.
Any Additional Information:N/A.