HomeMy WebLinkAboutItem U04 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: U4
26-32261
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING:
A Public Hearing to Consider Approval of an Ordinance Adopting Amendments to Monroe County
Land Development Code Section 138-24 (Residential ROGO Allocations) to Modify the
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.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department, consistent with the Board of
County Commissioners' (BOCC) direction on December 11, 2024, is proposing an amendment to the
Monroe County Land Development Code amending Section 138-24 (Residential ROGO Allocations)
to eliminate the Code's existing 1-for-1 takings and Bert Harris Act liability mitigation exchange
requirement for the remaining 300 workforce affordable housing early evacuation unit building permit
allocations.
The BOCC adopted Ordinance No. 019-2025 at its August 20, 2025, regular public meeting. That
ordinance contained an amendment to the Monroe County Land Development Code (LDC) similar to
this ordinance currently being considered by the BOCC. Ordinance No. 019-2025 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 review and publish its final order to approve or reject
land development regulations on or before October 25, 2025, as required by Florida Statutes Section
380.05(6), which further provides that no proposed land development regulation within an Area of
Critical State Concern(ACSC) becomes effective until the State Land Planning Agency issues and
publishes its final order. A final order approving or rejecting Ordinance No. 019-2025 was never
issued and published by the State Land Planning Agency as required by state law.
The BOCC also adopted a concurrent Comprehensive Plan amendment pursuant to Ordinance No.
018-2025. Ordinance No. 018-2025 was likewise transmitted to the State Land Planning Agency on
August 26, 2025. Rather than issuing and publishing a Notice of Intent(NOI) approving ("In
Compliance") or rejecting ("Not in Compliance") 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."
Florida Statutes Section 163.3202(1)requires that each county and municipality shall adopt or amend
and enforce land development regulations that are consistent with and implement their adopted
comprehensive plan.
As there are now a proposed land development regulation (Ordinance No. 019-2025) that the State has
never issued a final decision on and a comprehensive plan amendment (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 LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan
and Land Development Code text amendments was/were 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 03-26,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 (BOCC) of the instant proposed amendment to the Monroe County Comprehensive
Plan with inclusion of the following sentence, shown as double-underline, added to Section 138-
24(e)(2)1.
For developments owned or operated by a 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 Section 138-24(e)(2)1 resulted in a
recommendation to replace the term "enforce"with "coordinate."Monroe County Planning and
Environmental Resources Department professional staff recommend and support the use of
"coordinate," as reflected in the language contained in the instant draft ordinance.
PREVIOUS RELEVANT BOCC ACTION:
On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
which included a ROGO allocation distribution through the year 2023,based on Rule 28-20.140,
F.A.C., and the State Land Planning Agency's completion of the hurricane evacuation clearance time
modeling task that found with 10 years' worth of building permits, the Florida Keys would be at a 24
hour evacuation clearance time (Phase 2 of the 48-hour phased/staged evacuation).
On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
Department of Economic Opportunity("State Land Planning Agency" or"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 initiative, each jurisdiction would be
eligible to receive up to 300 of these units. The 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."
On June 13, 2018, the Florida Administration Commission approved the Workforce Housing
Initiative. Florida Keys' local governments that choose to participate in the initiative are to 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). 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."
On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
Department of Economic Opportunity("DEO") for a Keys Workforce Housing Initiative. The
proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations
throughout the Florida Keys (ROGOs or Building Permit Allocation Systems.
Commissioner Rice called a special meeting for May 10, 2018 at 11 A.M. in Marathon to provide the
BOCC and the public an opportunity to discuss the proposal prior to the State Cabinet meeting (May
15, 2018). At the May 10, 2018, special BOCC meeting, the BOCC directed County professional staff
to discuss concerns identified with DEO and provide an update to the BOCC at the next meeting.
On May 16, 2018, the County Attorney provided the BOCC with a report on the Governor's proposal
for 1,300 additional ROGO allocations following a meeting with DEO and State of Florida staff. He
advised the BOCC that they have a Cabinet meeting scheduled for June 13, 2018, to discuss the
allocations further.
On May 16, 2018, the BOCC directed County professional staff to present the BOCC'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 choose to participate in the initiative will 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.
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 professional 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 distribution of the
remaining market rate ROGOs 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 professional 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 professional staff to process a
comprehensive plan and land development code amendment(s) 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 seemed unnecessary, time
consuming and costly; the BOCC and professional staff can review and 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 for existing affordable units/approved affordable allocations.
Additionally, the Ordinances included provisions that allow the returned affordable units/allocations
to be banked to resolve potential takings and/or Harris Act cases.
At the September 11, 2024, the BOCC approved transmittal to the State Land Planning Agency an
ordinance that allows Cemex Construction Materials Florida LLC (f/k/a Singletary Concrete Products
Inc.) to use 86 early evacuation unit building permit allocations on one site in Tavernier without
satisfying the 1-for-1 takings and Bert Harris Act liability reduction exchange requirement currently
contained in the Monroe County Comprehensive Plan and Land Development Code.
At the September 11, 2024, BOCC meeting, the BOCC additionally directed Planning &
Environmental Resources Department professional staff to begin processing Comprehensive Plan and
Land Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act
liability reduction exchange requirement for the remaining 214 early evacuation unit building permit
allocations.
At the December 11, 2024, BOCC meeting, the BOCC adopted Ordinance No. 030-2024 which
approved a newly created site-specific subarea in Tavernier that permits Cemex Construction
Materials Florida LLC (f/k/a Singletary Concrete Products Inc.) to use 86 of the County's 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.
During the August 20, 2025, BOCC meeting, the BOCC adopted Ordinance No. 019-2025 (LDC
amendment) and Ordinance No. 018-2025 (Comprehensive Plan amendment). On November 4, 2025,
in response to the County's transmittal of Ordinance No. 018-2025, the State Land Planning Agency
alleged, through a letter, that"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
STAFF RECOMMENDATION:
Staff recommend that the Board of County Commissioners approve the proposed ordinance amending
Section 138-24 of the Monroe County Land Development Code to eliminate the existing one-for-one
exchange requirement for the remaining affordable workforce housing early evacuation unit building
permit allocations.
DOCUMENTATION:
Staff Report
Draft Ordinance
Ex. 2. Governor Scott Press Release
Ex. 3. DEO Preliminary Draft Language
Ex. 4 Ordinance 006-2021
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
20 Monroe County Land Development Code Section 138-24 (Residential ROGO
21 Allocations)to Modify the Requirements Related to the 300 Keys Affordable Workforce
22 Housing Initiative Early Evacuation Unit Building Permit Allocations Created by the
23 Governor of Florida,Attorney General of Florida, Chief Financial Officer of Florida, and
24 Florida Agriculture Commissioner Acting in Their Capacity as the Florida
25 Administration Commission by Removing the 1-for-1 Takings and Bert Harris Act
26 Liability Reduction Exchange Requirement.3
27
28 Meeting: July 15, 2026
29
30 I. REQUEST
31
32 The Monroe County Planning & Environmental Resources Department, consistent with the Board of
33 County Commissioners' ("BOCC") direction on December 11, 2024, is proposing an amendment to the
34 Monroe County Land Development Code amending Section 138-24 ("Residential ROGO Allocations")
35 to eliminate the Code's existing 1-for-1 takings and Bert Harris Act liability mitigation exchange
36 requirement for the remaining 300 workforce affordable housing early evacuation unit building permit
37 allocations.
38
39 The BOCC adopted Ordinance No. 019-2025 at its August 20, 2025, regular public meeting. That
40 ordinance contained an amendment to the Monroe County Land Development Code ("LDC") similar to
41 this ordinance currently being considered by the BOCC. Ordinance No. 019-2025 was transmitted to the
42 State of Florida - Florida Department of Commerce ("State Land Planning Agency") on August 26,
43 2025, for the State Land Planning Agency to review and publish a final order to approve or reject land
44 development regulations on or before October 25, 2025, as provided by Florida Statutes Section
45 380.05(6), which further enumerates that no proposed land development regulation within an Area of
1 American Institute of Certified Planners (A.T.C.P.)—Certification.
2 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.2025-221.
BOCC 07.15.2026 Page 1 of 24
File No. 2025-221
I Critical State Concern ("ACSC") becomes effective until the State Land Planning Agency issues and
2 publishes its final order. A final order approving or rejecting Ordinance No. 019-2025 was never issued
3 and published by the State Land Planning Agency.
4
5 The BOCC also adopted a concurrent Comprehensive Plan amendment pursuant to Ordinance No. 018-
E 2025. Ordinance No. 018-2025 was likewise transmitted to the State Land Planning Agency on August
7 26, 2025. Rather than issuing and publishing a Notice of Intent ("NOI") approving ("In Compliance")
8 or rejecting("Not in Compliance")the BOCC's comprehensive plan amendment as provided by Florida
9 Statutes Section 380.05(6) and Florida Statutes Section 163.3184(4)(e)(4.), the State Land Planning
10 Agency instead on November 4, 2024,provided a letter alleging"Monroe County's adopted amendment
11 25-03ACSC is more restrictive or burdensome making it null and void ab initio pursuant to Section 28
12 of Chapter 2025-190, L.O.F."
13
14 Florida Statutes Section 163.3202(1) requires that each county and municipality shall adopt or amend
15 and enforce land development regulations that are consistent with and implement their adopted
16 comprehensive plan.
17
18 As there are now a proposed land development regulation (Ordinance No. 019-2025) that the State has
19 never issued a final decision on and a comprehensive plan amendment (Ordinance No. 018-2025) that
20 the State has alleged an exception to, this amendment has been prepared without acceding or conceding
21 to the legal sufficiency or correctness of the State Land Planning Agency's letter regarding Ordinance
22 No. 018-2025 nor to the legal sufficiency or correctness of the State Land Planning Agency's decision
23 never to issue a final decision approving or rejecting Ordinance No. 019-2025.
24
25 Concurrent Applications
26 Comprehensive Plan Text Amendment
27 File No. 2025-220: An amendment to the Future Land Use Element and the Housing Element of the
28 2030 Monroe County Comprehensive Plan to eliminate the 1-for-1 exchange for the remaining 300
29 workforce affordable housing early evacuation unit building permit allocations.
30
31 II. BACKGROUND INFORMATION
32
33 Florida Statutes ("F.S.") Section 380.0552,4 which protects and designates the Florida Keys Area of
34 Critical State Concern ("ACSC") as an ACSC, memorializes the State of Florida's established intent to
35 "ensure that the population of the Florida Keys can be safely evacuated," [380.0552(2)(j), F.S.] and
36 requires that amendments to each local government's comprehensive plan to include"goals, objectives,
37 and policies to protect public safety and welfare in the event of a natural disaster by maintaining a
38 hurricane evacuation clearance time for permanent residents of no more than 24 hours. The hurricane
39 evacuation clearance time shall be determined by a hurricane evacuation study conducted in accordance
40 with a professionally accepted methodology and approved by the state land planning agency"
41 [380.0552(9)(a)(2), F.S.].
42
43 In order to ensure maintenance of the hurricane evacuation requirements established by the State the
44 County adopted a Permit Allocation System known as the Rate of Growth Ordinance ("ROGO").
45
4 The"Florida Keys Area Protection Act."Fla. Star. § 380.0552(1).
BOCC 07.15.2026 Page 2 of 24
File No. 2025-221
The purpose of this Amendment Is to Implement goals, ct� and.
policies of the Florida Keys' Comprehensive :plan related. to s of
residents, visitors and property In the County from natu al disa4fers,
specifically, llanitludin nhu ricanes, by adopting a Dwelling LJinit Allocation
: Including
Ordinance � residential development In Monroe County to an.
amount and rate commensurate with the County's ability to maintain a reason-
able and safe hurricane evacuation clearance time, as determined by policy
decisions and recently completed studies. The present hurricane evacuation
clearance time in Monroe County Is unacceptably high, Based on a 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 Increases In hurricane evacuation
clearance time. Regulation of the rate of growth will also help to prevent
further deterioration of public facility service levels, Irreversible anvi-
1 ronmental degradation, and potential land use conflicts.
2 ROGO adopted pursuant to Ordinance No. 016-1992 (adopted 6/23/1992)
3
4 As acknowledged by the United States federal government and the State of Florida, Monroe County"is
5 the most hurricane-prone county in the United States." William South and Joe Barrett, A Severe
6 Weather and Tropical Cyclone Climatology for the Florida Keys, Nat'l Oceanic and Atmospheric
7 Admin. (2002)(emphasis added)(available at:https://www.weather.gov/key/sev_climo) (last accessed:
8 July 1, 2026) (citing J. B. Elsner and A. B. Kara, Hurricane Return Periods Along the Gulf Coast and
9 Florida, NOAA Technical Memorandum NWS SR-192, Nat'l Oceanic and Atmospheric Admin. (July
10 1997) ("Monroe County experiences the greatest frequency of direct hurricane landfalls of any
11 U.S. county. . .") (emphasis added)); see also Final Order, Monroe County Chowder & Marching
12 Society, et al. v. Dept. of Community Affairs, et al., Case No. 93-4326RGM 1994 WL 1027567 (DOAH
13 July 17, 1995),at*254 ("The potential impact of hurricanes on the Florida Keys is unlike any other
14 area of the state. No local government faces a more unique and serious challenge to protecting its
15 citizens from the impacts of hurricanes than Monroe County.") (emphasis added).
16
17 ROGO was implemented to secure and protect the safety of the Florida Keys' residents and visitors
18 against major hurricanes and to protect the significant natural environmental resources of the Florida
19 Keys.
20
21 The County originally reduced the annual permitting rate from approximately 500+units per year to 255
22 units per year. Later the State of Florida adjusted the annual allocation'to 197 units per year. Each year's
23 ROGO allocation of 197 new units is split with a minimum of 71 units allocated for affordable housing
24 and market rate allocations cannot exceed 126 new residential units per year.
25
26 In 2012,pursuant to R. 28-20.1401,Fla. Admin. Code,the Department of Economic Opportunity("DEO"
27 or"State Land Planning Agency") completed the hurricane evacuation clearance time modeling task and
28 found that with 10 years' worth of building permits, the Florida Keys would be at a 24-hour evacuation
29 clearance. Based upon the resulting 24-hour evacuation clearance, DEO determined the remaining
30 allocations for the Florida Keys (3,550 additional permits countywide, 1,970 of these permits would go
31 to Monroe County). In March 2013, the Governor and Cabinet, sitting as the State Administration
32 Commission, approved the recommendation to allocate 10 years' worth of additional growth to the
33 Florida Keys.
'Per R.28-20,Fla.Admin. Code.
BOCC 07.15.2026 Page 3 of 24
File No. 2025-221
I Previous Relevant BOCC Action
2 On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
3 which included a ROGO allocation distribution through the year 2023, based on R. 28-20.140, Fla.
4 Admin. Code, and DEO's completion of the hurricane evacuation clearance time modeling task that
5 found with 10 years' worth of building permits the Florida Keys would be at a 24-hour evacuation
6 clearance time (Phase 2 of the 48-hour phased/staged evacuation).
7
8 On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to his executive
9 branch State Land Planning Agency (DEO) for a Keys Workforce Housing Initiative (Exhibit 1.).
10
11 The proposed initiative would allow 1,300 additional Rate of Growth Ordinance ("ROGO") allocations
12 throughout the Florida Keys ("ROGOs" or"Building Permit Allocation Systems") for rental workforce
13 housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a
14 hurricane evacuation. Any development receiving the units would be required to sign a rental
15 management agreement indicating they would be required to assure the evacuation of all occupants of
16 the development. Under the Workforce Initiative each jurisdiction would be eligible to receive up to 300
17 of these units. Governor Scott's press release specifically stated, "To meet the increased demand for
18 workforce housing,the innovative Keys Workforce Housing Initiative will require new construction that
19 participates to commit to evacuating renters in the 48-hour window of evacuation."
20
21 On June 13, 2018, the Florida Administration Commission approved the Initiative. Florida Keys' local
22 governments that chose to participate in the initiative were to work with DEO to amend their respective
23 comprehensive plans to allow for additional building permits for rental workforce housing with the
24 condition of early evacuation.
25
26 DEO provided County professional staff with preliminary draft language based on the minimum
27 requirements established in the Initiative to use as a starting point when drafting proposed language
28 (Exhibit 2). DEO issued the graphic below demonstrating the 2012 Hurricane Evacuation model results
29 that indicated there were still 6.5 hours of additional road capacity in Phase I of the hurricane
30 evacuation model.
t.
0
1 ,
� f
� F
IN PIN
_.._._._._.._._._._._. _...... ....... .......
2. tECAT'MEAS I N A 48-H ANA SEE
eo THERE Is 6 5 Hm
OUNAL ROAD CAPACITY
63 HIM
rOF CAPOTY
r r
M
PROPOSAL
r ALLOW �CVi E
TO BOU
AEEO AEEAMIE1E
EE N „
�, ,„;;; Ew E MINTS ,
31 ;. _________ _________ _________ ________
BOCC 07.15.2026 Page 4 of 24
File No. 2025-221
I In support of the Initiative at the June 13, 2018, Florida Cabinet meeting, DEO staff made a presentation
2 stating that the Phase I evacuation (under the existing staged evacuation plan) can be accomplished in
3 17.5 hours, leaving additional capacity of 6.5 hours in Phase I. DEO concluded that the Initiative "will
4 not interfere with the 24-hour evacuation model and satisfies the statutory mandate toprovide affordable
5 housing.
6
7 As noted, on May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to his
8 executive branch State Land Planning Agency(DEO) for a Keys Workforce Housing Initiative (Exhibit
9 1.). The proposed Initiative would allow 1,300 additional Rate of Growth Ordinance ("ROGO")
10 allocations throughout the Florida Keys ("ROGOs" or"Building Permit Allocation Systems").
11
12 Commissioner Rice called a special BOCC meeting on May 10,2018, at 11 A.M.in Marathon to provide
13 the Board and the public with an opportunity to discuss the proposal prior to the Cabinet meeting
14 scheduled for May 15, 2018. At the May 10, 2018, special BOCC meeting the BOCC directed County
15 professional staff to discuss concerns identified with DEO and to provide an update to the BOCC at the
16 next BOCC meeting.
17
18 On May 16, 2018, the County Attorney provided the BOCC with a report on Governor Scott's proposal
19 for 1,300 additional ROGO allocations following meeting with DEO and other State staff. He apprised
20 the BOCC that there was to be a Cabinet meeting scheduled for June 13, 2018, to discuss the allocations
21 further.
22
23 On May 16, 2018, the BOCC directed County professional staff to present the BOCC's questions and
24 concerns regarding the Workforce Initiative at the upcoming Cabinet meeting scheduled for June 13,
25 2018.
26
27 On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
28 Florida Keys' local governments that chose to participate in the initiative would work with DEO to
29 amend their respective comprehensive plans to allow for additional building permits for rental
30 workforce housing with the condition of early evacuation.
BOCC 07.15.2026 Page 5 of 24
File No. 2025-221
I On August 15, 2018, the BOCC directed County professional staff to prepare a discussion and direction
2 item regarding the Keys Workforce Housing Initiative for the September 19, 2018, regular BOCC
3 meeting
4
5 On September 19, 2018, the BOCC directed County professional staff to draft proposed policy
6 alternatives to the State's initiative that address several concerns raised related to the enforceability of
7 the evacuation provisions. Additionally, the BOCC asked the County Attorney to research whether the
8 State's Florida Keys Workforce Housing Initiative, which, if implemented, would create a precedent
9 that would require the state to award up to or as many as 10,000 additional units in the future.
10
11 On January 30,2019,the BOCC considered options to accept the 300 units. County professional staff
12 drafted three (3) options for consideration by the BOCC:
13 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through
14 2026;
15 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and
16 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023.
17
18 The BOCC took no action.
19
20 On January 22, 2020, the BOCC adopted Ordinance No. 005-2020 to extend the distribution of the
21 remaining market rate ROGOs for an additional three (3)years from 2023 to 2026.
22
23 On January 22, 2020,the BOCC directed County professional staff to prepare an agenda item to discuss
24 and provide direction on whether to direct professional staff to process Comprehensive Plan and Land
25 Development Code amendments to: 1) Move a portion of market-rate Rate Of Growth Ordinance
26 ("ROGO")units to the affordable housing allocation pool and/or 2) Accept the 300 Workforce Housing
27 units offered by the Department of Economic Opportunity ("DEO") required to evacuate in Phase 1 of
28 the Hurricane Evacuation model.
29
30 On February 19, 2020, the BOCC discussed whether to direct professional staff to process a
31 comprehensive plan and land development code amendment(s) to: 1) Move a portion of the 378
32 remaining Market Rate - Rate of Growth Ordinance ("ROGO") units through 2026 to the Affordable
33 Housing allocation pool and/or 2)Accept the 300 Workforce Housing units offered by DEO required to
34 evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the potential
35 shifting of market rate allocations to the affordable housing pool but did direct County professional staff
36 to start the process to accept the 300 workforce housing units.
37
38 On July 15, 2020, during a discussion item on potentially shifting market rate allocations to the
39 affordable housing pool (BOCC Agenda Item I5), the BOCC provided further direction to County
40 professional staff on accepting the 300 workforce housing early evacuation unit building permit
41 allocations. The BOCC directed: Accept the 300 workforce housing early evacuation unit building
42 permit allocations to be used in exchange for existing affordable allocations at multifamily developments
43 (for developers that agree to the early evacuation restriction) and the affordable housing allocations
44 returned to the County (returned in the exchange) be set aside and banked for takings cases (bank them
45 within an administrative relief pool).
46
47 On January 20,2021,the BOCC adopted Resolution No. 041-2021 to transmit the proposed amendments
48 to DEO to review the 300 workforce housing early evacuation unit proposal, with a modification to
49 Policy 101.3.12 to eliminate the requirement for a development agreement. The information and/or
BOCC 07.15.2026 Page 6 of 24
File No. 2025-221
I comments appeared to include the following: With the 300-unit amendment being structured as an
2 exchange program, the projects exchanging units have previously completed their development review
3 and multiple hearings for a development agreement seemed unnecessary, time consuming and costly;
4 the BOCC and professional staff can review and approve the exchange through a resolution approving
5 a contract. DEO reviewed the amendment and issued an Objections, Recommendations and Comments
6 ("ORC") report, received by the County on March 30, 2021. The ORC report stated, "the Department
7 does not identify any objections or comments to the proposed amendment."
8
9 On April 21, 2021, the BOCC adopted Ordinance No. 2021-005 and Ordinance No. 2021-006
10 authorizing the acceptance of the 300 early evacuation allocations from the State and to allow said
11 allocations be used in exchange for existing affordable units/approved affordable allocations.
12 Additionally, the Ordinances included provisions that allow the returned affordable units/allocations to
13 be banked to resolve potential takings and/or Harris Act cases.
14
15 At the September 11, 2024, the BOCC approved transmittal to the State Land Planning Agency an
16 ordinance that allows Cemex Construction Materials Florida LLC (f/k/a Singletary Concrete Products
17 Inc.) to use 86 early evacuation unit building permit allocations on one site in Tavernier without
18 satisfying the 1-for-1 takings and Bert Harris Act liability reduction exchange requirement currently
19 contained in the Monroe County Comprehensive Plan and Land Development Code.
20
21 At the September 11, 2024, BOCC meeting,the BOCC additionally directed Planning&Environmental
22 Resources Department professional staff to begin processing Comprehensive Plan and Land
23 Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act liability
24 reduction exchange requirement for the remaining 214 early evacuation unit building permit allocations.
25
26 At the December 11, 2024, BOCC meeting, the BOCC adopted Ordinance No. 030-2024 which
27 approved a newly created site-specific subarea in Tavernier that permits Cemex Construction Materials
28 Florida LLC (f/k/a Singletary Concrete Products Inc.) to use 86 of the County's early evacuation unit
29 building permit allocations on a single site in Tavernier without meeting the requirement of the 1-for-1
30 takings and Bert Harris Act liability reduction exchange program contained in the current
31 Comprehensive Plan and Land Development Code.
32
33 During the August 20, 2025, BOCC meeting, the BOCC adopted Ordinance No. 019-2025 (LDC
34 amendment) and Ordinance No. 018-2025 (Comprehensive Plan amendment). On November 4, 2025,
35 in response to the County's transmittal of Ordinance No. 018-2025, the State Land Planning Agency
36 alleged, through a letter, that"Monroe County's adopted amendment 25-03ACSC is more restrictive or
37 burdensome making it null and void ab initio pursuant to Section 28 of Chapter 2025-190, L.O.F."
38
39 Community Meeting and Public Participation
40 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan and
41 Land Development Code text amendments was/were held on November 24, 2025, via Zoom Webinar
42 and provided for public input. There were no public comments received.
43
44 Development Review Committee Meeting and Public Input
45 On January 27, 2026, the DRC considered the proposed amendment and provided for public input. On
46 January 29, 2026, the Chair of the DRC signed Resolution No. DRC 03-26, recommending approval of
47 the proposed text amendment.
48
49
BOCC 07.15.2026 Page 7 of 24
File No. 2025-221
I Monroe County Planning Commission Meeting and Public Input
2 On February 25, 2026, the Monroe County Planning Commission considered the proposed amendment,
3 provided for public input and recommended approval to the Board of County Commissioners (BOCC)
4 of the instant proposed amendment to the Monroe County Comprehensive Plan with inclusion of the
5 following sentence, shown as double-underline, added to Section 138-24(e)(2)1.
6
7 For developments owned or operated by a government agency or public housing authority, property
8 management is not required to be located onsite as indicated in this subsection and Comprehensive Plan
9 Policy 101.3.12, but must be available at all times to respond to evacuation orders. However. the
10 government agency or public housing authority will oversee and enforce requested evacuation of the
11 residents and must be available at all times to respond to evacuation orders.
12
13 Further professional staff review of the proposed revision to Section 138-24(e)(2)1 resulted in a
14 recommendation to replace the term "enforce" with "coordinate." Monroe County Planning and
15 Environmental Resources Department professional staff recommend and support the use of
16 "coordinate," as reflected in the language contained in the instant draft ordinance.
17
18 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT
19
Proposed Amendment: deletions are shown in il� ; additions are shown in red
underline.
20
21 Sec. 138-24.- Residential ROGO Allocations.
22 (a)Number of available annual residential ROGO allocations. The number of market rate residential
23 ROGO allocations available in each subarea of the unincorporated county and the total number of
24 affordable residential ROGO allocations and affordable workforce housing early evacuation unit
25 allocations available countywide shall be as follows:
26
27
Number of Dwelling Units
Subarea ROGO Years: ROGO Years:
July 13, 2020- July 12, 2021 July 13, 2023- July 12, 2024
July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025
July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026
Upper Keys 31 30
Lower Keys 29 28
Big Pine and No Name Keys 4 4
Total market rate 64 62
Affordable Dwelling Units
Very Low, Low, and Median 360*
Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
BOCC 07.15.2026 Page 8 of 24
File No. 2025-221
Affordable Workforce 300**
R2Ri,inj Early Evacuation
Initiative
** Affordable workforce housing early evacuation unit building Bermit allocations shall be
distributed on a first-come first-serve basis in the Upper and Lower Keys subareas. 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 and Section
138-24(e). Additionally, pursuant to Comprehensive Plan Policy 101.3.10a affordable workforce
housing early evacuation unit building permit allocations may be transferred to another government
jurisdiction for County-initiated affordable housing projects, as approved by a resolution of the BOCC.
1
Annual Allocation
Vi4w4&iwee Affordable
initiative Workforce
ROGO Year Market Rate ou Affordable HSIn9
Housing Earl
Evacuation
Initiative
July 13, 2013-July 12,2014 126 U: 61, L: 57,BPK/NNK: 8 71
July 13, 2014-July 12,2015 126 71
U: 61, L: 57,BPK/NNK: 8
July 13, 2015-July 12,2016 126
U: 61, L: 57,BPK/NNK: 8
July 13, 2016-July 12, 2017 126
U: 61, L: 57, BPK/NNK: 8 N/A N/A
July 13,2017-July 12, 2018 126
U: 61, L: 57,BPK/NNK: 8 (total
total AFH
126 126 al available
July 13,2018-July 12, 2019 immediately)
U: 61, L: 57,BPK/NNK: 8
July 13,2019-July 12, 2020 126
U: 61, L: 57,BPK/NNK: 8
July 13,2020-July 12, 2021 64
U: 31, L:29,BPK/NNK: 4
July 13, 2021-July 12,2022 64
U: 31, L:29,BPK/NNK: 4
July 13, 2022-July 12,2023 64
U: 31, L:29,BPK/NNK: 4
July 13, 2023-July 12,2024 62 300**
U: 30, L:28,BPK/NNK: 4
July 13, 2024-July 12, 2025 62
U: 30, L:28,BPK/NNK: 4
July 13,2025-July 12, 2026 62
U: 30, L:28,BPK/NNK: 4
BOCC 07.15.2026 Page 9 of 24
File No. 2025-221
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 workforce housing early evacuation unit building ep rmit allocations are available within the in
the Upper and Lower Keys subareas and shall be distributed on a first-come first-serve basis. Requests for
dwelling units developed and/or deed-restricted utilizing the workforce housing early evacuation unit allocations
are subject to the provisions of Policy 101.3.12 and Section 138-24(e).Additionally, pursuant to Comprehensive
Plan Policy 101.3.10 affordable workforce housin4 early evacuation unit buildinLy permit allocations maybe
transferred to another government jurisdiction for County-initiated affordable housing projects, as approved by
a resolution of the BOCC.
1
2 The State of Florida,pursuant to Administration Commission Rules, may modify the annual allocation
3 rate. The County adopted a slower rate of annual allocations for market rate development to extend the
4 allocation timeframe to 2026 without exceeding the total of 1,970 allocations. By July 12, 2023, if
5 substantial financial support is provided by State and Federal partners, the County may reevaluate the
6 ROGO distribution allocation schedule and consider an extended timeframe for the distribution of
7 market rate allocations. If necessary, Monroe County will request a Rule change from the
8 Administration Commission to authorize an alternative allocation timeframe and rate.
9 (1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market rate
10 residential ROGO allocations available per ROGO year. Affordable ROGO allocations and
11 affordable workforce housing early evacuation unit building—permit allocations shall be
12 available for countywide allocation except for Big Pine Key and No Name Key. The allocations
13 for Big Pine Key and No Name Key shall be limited to maximums established in Big Pine
14 Key/No Name Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat
15 Conservation Plan.
16 (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of market rate
17 housing residential ROGO allocations available per ROGO quarter determined by the following
18 formula:
19 a. Market rate residential ROGO allocations available in each subarea per quarter is equal to
20 the market rate residential ROGO allocations available in each subarea divided by four.
21 b. Affordable housing residential ROGO for all four ROGO quarters, including the allocations
22 available for Big Pine Key, shall be made available at the beginning of the first quarter for
23 a ROGO year. Beginning July 13, 2016, the balance of all remaining affordable housing
24 residential ROGO allocations shall be made available for award.
25 c. Affordable Wworkforce-h+ ia iv-e housing early evacuation unit building ep rmit allocations
26 shall be made available at the beginning of the first quarter of ROGO year July 13, 2021
27 July 12, 2022. All affordable workforce early evacuation unit buildinpermit allocations
28 shall be available for award3 and shall be distributed on a first-come first-serve basis.
29 Requests for affordable workforce housing early evacuation unit building--permit
30 allocations shall require a reservation via BOCC resolution.
31 (3) Ratio of very low income, low income, and median income allocations to moderate income
32 allocations. The Planning Commission may amend these proportions for affordable housing
33 during any ROGO quarter.
34 (4) Big Pine Key and No Name Key.
35 a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions of the
36 Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and Livable
37 CommuniKeys Plan(LCP)for the Florida Key Deer and other covered species,which may
38 affect ROGO allocations under this article.
BOCC 07.15.2026 Page 10 of 24
File No. 2025-221
I b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential
2 permit allocations that may be awarded in Tier I shall be no more than one (1) every 2
3 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property owner
4 attempting to develop his property may be granted an allocation through the ROGO
5 process that may be used once that property owner obtains all required permits and
6 authorizations required under the Endangered Species Act and other applicable federal and
7 state laws. The allocation will remain valid so long as the applicant diligently and in good
8 faith continues to work with USFWS to conclude the coordination and pick up a building
9 permit.
10 (5)Lifnit on number of allocation awards in Tier I.
11 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall be no
12 more than one (1) every two (2)years.
13 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more
14 than three (3).
15 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more
16 than three (3).
17 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section 138-26
18 for awarding of affordable housing allocations or affordable workforce i-*4i4i (woiW;a ec
19 housing early evacuation unit) building per it allocations, the BOCC may reserve by resolution
20 some or all of the available affordable housing allocations or available affordable workforce
21ff6v housing early evacuation allocations for award to certain sponsoring
22 agencies or specific housing programs consistent with all other requirements of this chapter.
23 Building permits for these reserved allocations shall be picked up within six months of the effective
24 reservation date,unless otherwise authorized by the BOCC in its resolution such as establishing the
25 income categories for allocations granted. The BOCC may,at its discretion,place conditions on any
26 reservation as it deems appropriate. These reservations may be authorized by the BOCC for:
27 (1) The county housing authority, nonprofit community development organizations, pursuant to
28 Section 139-1(e),and other public entities established to provide affordable housing by entering
29 into a memorandum of understanding with one or more of these agencies;
30 (2) Specific affordable or employee housing projects participating in a federal/state housing
31 financial assistance or tax credit program or receiving some form of direct financial assistance
32 from the county upon written request from the project sponsor and approved by resolution of
33 the BOCC;
34 (3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit
35 organizations above upon written request from the project sponsor and approved by resolution
36 of the BOCC;
37 (4) Specific affordable or employee housing programs sponsored by the county pursuant to
38 procedures and guidelines as may be established from time to time by the BOCC;
39 (5) Specific affordable or employee housing projects by any entity, organization, or person,
40 contingent upon transfer of ownership of the underlying land for the affordable housing project
41 to the county, a not-for-profit community development organization, or any other entity
42 approved by the BOCC, upon written request from the project sponsor and approved by
43 resolution of the BOCC; or
44 (6) Rental employee housing projects situated on the same parcel of land as the nonresidential
45 workplace for the tenants of these projects, upon written request from the property owner and
46 approved by resolution of the BOCC; on
47 (7)Affordable Wworkforce 444ative housing early evacuation projects,pursuant to Policy 101.3.12
48 and Section 138-24(e), that require occupants to evacuate in Phase 1 of the 48-hr evacuation of
49 nsive Plan Policy l 0l,2 4, are restricted to
BOCC 07.15.2026 Page 11 of 24
File No. 2025-221
I rental occupancy, and for those who derive at least 70% of their income as members of the
2 workforce in Monroe County and who meet the affordable housing income categories of the
3 Monroe County Land Development Code.
4 (c) Affordable housing allocation awards and eligibility.
5 (1) The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
6 (2) Any portion of the affordable housing allocation not used for affordable housing at the end of a
7 ROGO year shall be made available for affordable housing for the next ROGO year.
8 (3) No affordable housing allocation shall be awarded to applicants located within a Tier I
9 designated area, within a V-zone on the county's flood insurance rating map, or within a Tier
10 III-A (special protection area) designated area.
11 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable housing
12 ROGO allocations may be awarded to Tier I or Tier IH-A properties which meet all of the
13 following criteria:
14 a. The property contains an existing market rate dwelling unit that meets the criteria in
15 LDC Section 138-22(a) and is determined to be exempt from ROGO;
16 b. The proposed replacement affordable dwelling unit meets current Florida Building
17 Code and is not a mobile home;
18 c. The proposed replacement dwelling unit shall be deed restricted for a period of at least
19 99 years as affordable housing pursuant to the standards of the Land Development
20 Code;
21 d. The proposed site plan for the replacement affordable dwelling unit does not propose
22 any additional clearing of habitat; and
23 e. The structure is not proposed to be within a V-zone on the county's flood insurance
24 rating map.
25 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No
26 affordable housing allocation may be used on No Name Key.
27 (d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling unit
28 unless such dwelling unit:
29 (1) Has a dwelling unit allocation award; or
30 (2)Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed vested
31 pursuant to Section 138-22.
32 (e) Affordable Workforce Elousin a Early Evacuation Initiative allocation awards, eligibility and
33 requirements.
34 (1) Pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe County establishes a new allocation
35 category to award 300 affordable workforce housing early evacuation unit building permit
36 allocations pursuant to the Workforce-Affordable Housing Initiative (Workforce Initiative). The
37 Workforce-Affordable Housing Initiative will require dwelling units constructed and/ or deed
38 restricted with affordable workforce housing early evacuation unit building permit allocations to
39 evacuate occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane.
40 (2) Dwelling units developed and/or deed restricted utilizing the affordable workforce housing
41 iffififf4-,,�e early evacuation unit building permit allocations are subject to the following:
42 a.Requests for affordable workforce housing early evacuation unit allocations sh s"4w„e.*'„b4e
43 require a reservation
44 via BOCC resolution. The BOCC may, at its discretion, place conditions on any reservation
45 as it deems appropriate, such as establishing the income categories for allocations granted.
46 1 1 r too fir
BOCC 07.15.2026 Page 12 of 24
File No. 2025-221
1 ,
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20 eman -d
21
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23
24
25
26 ,
27
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29
30
31 eb. All affordable workforce housing early evacuation units require a deed-restriction
32 _ensuring:
33 1. Before any building permit may be issued for any structure, portion or phase of a project
34 subject to the Workforce Initiative, a restrictive covenant shall be approved by the
35 Planning Director and County Attorney and recorded in the Office of the Clerk of the
36 County to ensure compliance with the provision of this section running in favor of the
37 County and enforceable by the County and, if applicable, a participating municipality.
38 The following requirements shall apply to these restrictive covenants:
39 i. The covenants for any workforce housing early evacuation units shall be effective
40 for 99 years.
41 ii. The covenants shall not commence running until a certificate of occupancy has been
42 issued by the Building Official for the dwelling unit or dwelling units to which the
43 covenant or covenants apply.
44 iii. For existing dwelling units that are deed-restricted as workforce housing early
45 evacuation units, the covenants shall commence running upon recordation in the
46 Official Records of Monroe County.
47 2. The covenants shall require that the affordable workforce housing early evacuation units
48 to be restricted to rental occupancy for those who derive at least 70% of their income as
49 members of the workforce in Monroe County and who meet the affordable housing
BOCC 07.15.2026 Page 13 of 24
File No. 2025-221
I income categories of the Monroe County Land Development Code. The occupants are
2 required to annually verify their employment and income eligibility.
3 3. The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation of
4 a pending major hurricane. Persons living in the workforce housing early evacuation
5 units who may be exempted from evacuation requirements are limited to law
6 enforcement, correctional and fire personnel, health care personnel, and public
7 employees with emergency management responsibilities. If there is an occupant that
8 indicates their employment is considered a `first-responder position' and not included in
9 the list of exemptions above, then the Planning Director shall determine, in writing,
10 whether the person may be exempted because of a requirement to remain during an
11 emergency. Any person claiming exemption under this provision shall submit of—an
12 affidavit of qualification and faithfully certify their status with the onsite property
13 management.
14 4. The covenants shall require rental agreements which contain a separate disclosure
15 requiring rental occupants to acknowledge the existing restrictive covenant on the unit
16 requiring evacuation in Phase 1 of the 48-hr evacuation and that failure to adhere to the
17 Phase 1 evacuation requirement could result in severe penalties, including eviction, to
18 the occupant.
19 5. The covenants shall require onsite property managers and a separate employment
20 disclosure requiring the maintenance of training in evacuation procedures and an
21 acknowledgement that failure to adhere to the Phase 1 evacuation requirement could
22 result in severe penalties, including termination.
23 de„ Affordable Wworkforce housing early evacuation units shall be restricted to rental
24 occupancy for those who derive at least 70% of their income as members of the workforce
25 in Monroe County and who meet the affordable housing income categories of the Monroe
26 County Land Development Code.Workforce means individuals or families who are gainfully
27 employed supplying goods and/or services to Monroe County residents or visitors.
28 ed.Affordable Wworkforce housing early evacuation units shall require onsite property
29 _management with property managers trained in evacuation procedures and required to
30 manage the evacuation of tenants in Phase I of an evacuation. During traditional working
31 hours, the property manager must be at an office within the workforce housing early
32 evacuation unit development subject property Outside the traditional working hours, the
33 property manager must be available at all times to respond to evacuation orders.
34 -fe.The property management entity for the affordable workforce housing early evacuation units
35 _ shall be required to annually verify the employment and income eligibility of tenants; report
36 the total units on the site, the occupancy rates of units, and tenant compliance with the
37 requirement to evacuate the units in Phase I of an evacuation, including the number of
38 occupants that are exempt from the evacuation requirements. The property management
39 entity must submit a report to the Planning and Environmental Resources Department by
40 May 1 of each year. Further, each lease and this annual report shall be kept by the property
41 manager and be available for inspection by the County during traditional working hours.
42 gf. Affordable Wworkforce housing early evacuation units shall be located within an area
43 designated as Tier III.
44 hg. Affordable Wworkforce housing early evacuation units shall not be located in the V-Zone
45 or within a Coastal Barrier Resource System (CBRS).
46 ih. Affordable Wworkforce housing early evacuation units shall be located on a property which
47 _ has all infrastructure available (potable water, adequate wastewater treatment and disposal
48 wastewater meeting adopted LOS, paved roads, etc.).
BOCC 07.15.2026 Page 14 of 24
File No. 2025-221
I ji. All affordable workforce housing early evacuation units must demonstrate compliance with
2 all applicable federal standards for accessibility for persons with disabilities (ADA
3 Compliance).
4 kj. To the greatest extent practicable, a development utilizing affordable workforce housing
5 early evacuation unit allocations shall incorporate sustainable and resilient design principles
6 into the overall site design boo
9
8 k, To theYreatest extent practicableR a develop ent utilizing affordable work foree hou sing early
9 evacuation unit building Ber it allocations shall be located in close laroxi it _to em to ent
10 centers in Ivey West, Stock Island and Marathon,
11 �1) For develoBrnents owned or operated bovernment ager� t�ublie housing authority
12 property management is not required to be located onsite as indicated in this subsection and
13 C'omprehensive Plan Policy 101.3.12, but must be available at all times to respond to
14 evacuation orders.Flowever the overnxnent a enc or ublic housin authorit will oversee
15 and coordinate requested evacuation of the residents and must be available at all times to
16 respond to evacuation orders,
17
18 IV. ANALYSIS OF PROPOSED AMENDMENT
19
20 In accordance with LDC Section 102-158(d)(7)(b),the BOCC may consider the adoption of an ordinance
21 enacting the proposed map and text amendments to this Land Development Code based on one or more
22 of the following factors:
23
24 1. Changed projections (e.g., regarding public service needs) from those on which the text or
25 boundary was based;
26
27 2. Changed assumptions (e.g., regarding demographic trends);
28
29 3. Data errors, including errors in mapping, vegetative types and natural features described in
30 volume I of the plan;
31
32 4. New issues;
33
34 The proposed amendment would provide new opportunities for the utilization of the County's
35 remaining early evacuation unit building permit allocations by removing the requirement to
36 exchange existing affordable allocations / units. This modification will result in the potential
37 development of new workforce affordable units with various income limits which continue to be
38 an identified need for the community. While this will result in the reduction of additional
39 allocations potentially banked to resolve takings, it will allow for the potential development of new
40 code compliant housing.
41
42 5. Recognition of a need for additional detail or comprehensiveness; or
43
44 6. Data updates;
45
46 7. Consistency with the Comprehensive Plan and the principles for guiding development as defined
47 in Section 380.0552, Florida Statutes.
48
BOCC 07.15.2026 Page 15 of 24
File No. 2025-221
I In no event shall an amendment be approved which will result in an adverse community change
2 to the planning area in which the proposed development is located or to any area in accordance
3 with a Livable Communikeys Master Plan pursuant to findings of the board of county
4 commissioners [Ref. Code Section 102-158(d)(7)d.].
5
6 Based on the BOCC policy direction provided on December 11, 2024, the proposed text amendment
7 is not anticipated to have an adverse community change. The proposed amendment would provide
8 new opportunities for the utilization of the County's remaining early evacuation unit building permit
9 allocations by removing the requirement to exchange existing affordable allocations / units. This
10 modification will result in the potential development of new workforce affordable units with various
11 income limits which continue to be an identified need for the community.
12
13 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
14 PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES.
15
16 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
17 County 2030 Comprehensive Plan. Specifically, it furthers:
18
19 GOAL 101
20 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
21 residents and visitors, and protect valuable natural resources.
22
23 Objective 101.2
24 As mandated by the State of Florida,pursuant to Section 380.0552,F.S. and Rule 28-20.140,F.A.C.,
25 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
26 hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning
27 Agency relative to the 2012 Memorandum of Understanding that has been adopted between the
28 County and all the municipalities and the State agencies.
29
30 Policy 101.2.1
31 Monroe County shall maintain a memorandum of understanding with the State Land Planning
32 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
33 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
34 variables and assumptions, including regional considerations, for utilizing the Florida Division of
35 Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME")
36 Model to accurately depict evacuation clearance times for the population of the Florida Keys.
37
38 Objective 101.3
39 Monroe County shall regulate new residential development based upon the finite carrying capacity
40 of the natural and man-made systems and the growth capacity while maintaining a maximum
41 hurricane evacuation clearance time of 24 hours.
42 Policy 101.3.5
43 Due to the limited number of allocations and the State's requirement that the County maintain a
44 maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new
45 transient residential allocations for hotel or motel rooms, and any lock-out units,campground spaces,
46 or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully established transient
47 units shall be entitled to one unit for each type of unit in existence before January 4, 1996, for use as
48 a ROGO exemption. (Ord. No. 010-2021)
BOCC 07.15.2026 Page 16 of 24
File No. 2025-221
I Policy 101.3.6
2 All public and institutional uses (except hospital rooms) that predominately serve the County's non-
3 transient population and which house temporary residents shall be subject to the Permit Allocation
4 System for residential development, except upon factual demonstration that such transient
5 occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time
6 of Monroe County.
7
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File No. 2025-221
I Objective 101.17
2 Monroe County shall protect established rights of landowners affected by the provisions of this Plan
3 or the land development regulations; and, therefore adopts the following policies for the
4 determination of vested rights and beneficial use.
5
6 Policy 101.17.4
7 BENEFICIAL USE
8 1. It is the policy of Monroe County to ensure that neither the provisions of this Plan nor the LDC
9 shall result in an unconstitutional taking of private property. Accordingly, Monroe County shall
10 adopt a beneficial use procedure to provide a means to resolve a landowner's claim that a land
11 development regulation or comprehensive plan policy has had an unconstitutional effect on
12 property in a nonjudicial forum. For the purpose of this policy, beneficial use shall mean the
13 minimum use of the property necessary to avoid the finding of a regulatory taking under current
14 land use case law.
15 2. The relief to which an owner shall be entitled may be provided through the use of one or a
16 combination of the following:
17 a) granting of a permit for development which shall be deducted from the Permit Allocation
18 System;
19 b) granting of use of transferable development rights (TDRs);
20 c) Government purchase offer of all or a portion of the lots or parcels upon which there is no
21 beneficial use. This alternative shall be the preferred alternative when beneficial use has
22 been deprived by application of Chapter 138 of the Land Development Code. This
23 alternative shall be the preferred alternative for Tier I, II, or III-A(SPA) lands;
24 d) such other relief as the County may deem appropriate and adequate.
25 The relief granted shall be the minimum necessary to avoid the finding of a regulatory taking
26 of the property under state and federal law. With respect to the relief granted pursuant to
27 this policy or Policy 101.7.1 (Administrative Relief), a purchase offer shall be the preferred
28 form of relief for any land within Tier I and Tier II, or Tier III-A (SPA).
29 3. Development approved pursuant to a beneficial use determination shall be consistent with all
30 other objectives and policies of the Plan and LDC unless specifically exempted from such
31 requirements in the final beneficial use determination.
32 4. This policy is not intended to provide relief related to regulations promulgated by agencies other
33 than the county or to provide relief for claims that are not cognizable in court at the time of
34 application of this policy. Further,the procedures established for this policy are not intended,nor
35 do they create, a judicial cause of action.
36 5. The land development regulations shall establish standards, procedures, and remedies for an
37 administrative determination of beneficial use.
38
39 GOAL 601
40 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
41 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
42 population based on type, tenure characteristics, unit size and individual preferences. [F.S. §
43 163.3177(6)(f)l., 3.1
44
45 Policy 601.1.1
46 Monroe County shall maintain land development regulations, in conjunction with the Permit
47 Allocation System, for apportioning future affordable housing development.
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File No. 2025-221
I Policy 601.1.4
2 All affordable housing projects which receive development benefits from Monroe County, including
3 but not limited to,ROGO allocation award(s)reserved for affordable housing,maximum net density,
4 or donations of land, shall be required to maintain the project as affordable for a period of 99 years
5 pursuant to deed restrictions or other mechanisms specified in the Land Development Code, and
6 administered by Monroe County or the Monroe County Housing Authority.
7
8 Policy 601.1.9
9 Monroe County shall maintain land development regulations which may include density bonuses,
10 impact fee waiver programs, and other possible regulations to encourage affordable housing.
11
12 Objective 601.3
13 Monroe County shall continue implementation efforts to eliminate substandard housing and to
14 preserve, conserve and enhance the existing housing stock, including historic structures and sites.
15 [F.S. § 163.3177(6)(f)l., 3.]
16
17 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
18 Area, Section 380.0552(7), Florida Statutes.
19
20 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
21 principles for guiding development and any amendments to the principles, the principles shall be
22 construed as a whole and no specific provision shall be construed or applied in isolation from the other
23 provisions.
24 (a) Strengthening local government capabilities for managing land use and development so that local
25 government is able to achieve these objectives without continuing the area of critical state
26 concern designation.
27 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
28 beds, wetlands, fish and wildlife, and their habitat.
29 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
30 tropical vegetation(for example, hardwood hammocks and pinelands), dune ridges and beaches,
31 wildlife, and their habitat.
32 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
33 development.
34 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
35 Keys.
36 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment,
37 and ensuring that development is compatible with the unique historic character of the Florida
38 Keys.
39 (g) Protecting the historical heritage of the Florida Keys.
40 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
41 major public investments, including:
42 1. The Florida Keys Aqueduct and water supply facilities;
43 2. Sewage collection, treatment, and disposal facilities;
44 3. Solid waste treatment, collection, and disposal facilities;
45 4. Key West Naval Air Station and other military facilities;
46 5. Transportation facilities;
47 6. Federal parks, wildlife refuges, and marine sanctuaries;
48 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
BOCC 07.15.2026 Page 19 of 24
File No. 2025-221
1 8. City electric service and the Florida Keys Electric Co-op; and
2 9. Other utilities, as appropriate.
3 (i) Protecting and improving water quality by providing for the construction, operation,
4 maintenance, and replacement of stormwater management facilities; central sewage collection;
5 treatment and disposal facilities; and the installation and proper operation and maintenance of
6 onsite sewage treatment and disposal systems.
7 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
8 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
9 403.086(10), as applicable, and by directing growth to areas served by central wastewater
10 treatment facilities through permit allocation systems.
11 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
12 Keys.
13 (1) Making available adequate affordable housing for all sectors of the population of the Florida
14 Keys.
15 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
16 natural or manmade disaster and for a postdisaster reconstruction plan.
17 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
18 maintaining the Florida Keys as a unique Florida resource.
19 (o) Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
20 with the Principles for Guiding Development as a whole and is not inconsistent with any
21 Principle.
22
23 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
24 Specifically, the amendment furthers:
25
26 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve and
27 enhance present advantages; encourage the most appropriate use of land, water, and resources,
28 consistent with the public interest; overcome present handicaps; and deal effectively with future
29 problems that may result from the use and development of land within their jurisdictions. Through
30 the process of comprehensive planning, it is intended that units of local government can preserve,
31 promote, protect, and improve the public health, safety, comfort, good order, appearance,
32 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
33 efficient provision of transportation,water, sewerage, schools, parks,recreational facilities,housing,
34 and other requirements and services; and conserve, develop, utilize, and protect natural resources
35 within their jurisdictions.
36
37 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal
38 status set out in this act and that no public or private development shall be permitted except in
39 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
40 conformity with this act.
41
42 163.3177(1), F.S. —The comprehensive plan shall provide the principles, guidelines, standards, and
43 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
44 development of the area that reflects community commitments to implement the plan and its
45 elements. These principles and strategies shall guide future decisions in a consistent manner and
46 shall contain programs and activities to ensure comprehensive plans are implemented. The sections
47 of the comprehensive plan containing the principles and strategies, generally provided as goals,
48 objectives, and policies, shall describe how the local government's programs, activities, and land
49 development regulations will be initiated, modified, or continued to implement the comprehensive
BOCC 07.15.2026 Page 20 of 24
File No. 2025-221
I plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing
2 regulations in the comprehensive plan but rather to require identification of those programs,
3 activities, and land development regulations that will be part of the strategy for implementing the
4 comprehensive plan and the principles that describe how the programs, activities, and land
5 development regulations will be carried out. The plan shall establish meaningful and predictable
6 standards for the use and development of land and provide meaningful guidelines for the content of
7 more detailed land development and use regulations.
8
9 163.3177(6)(f), F.S. — 1. A housing element consisting of principles, guidelines, standards, and
10 strategies to be followed in:
11 a. The provision of housing for all current and anticipated future residents of the jurisdiction.
12 b. The elimination of substandard dwelling conditions.
13 c. The structural and aesthetic improvement of existing housing.
14 d. The provision of adequate sites for future housing, including affordable workforce housing
15 as defined in s. 380.0651(1)(h), housing for low-income, very low-income, and moderate-
16 income families, mobile homes, and group home facilities and foster care facilities, with
17 supporting infrastructure and public facilities. The element may include provisions that
18 specifically address affordable housing for persons 60 years of age or older. Real property
19 that is conveyed to a local government for affordable housing under this sub-subparagraph
20 shall be disposed of by the local government pursuant to s. 125.379 or s. 166.0451.
21 e. Provision for relocation housing and identification of historically significant and other
22 housing for purposes of conservation, rehabilitation, or replacement.
23 f. The formulation of housing implementation programs.
24 g. The creation or preservation of affordable housing to minimize the need for additional local
25 services and avoid the concentration of affordable housing units only in specific areas of the
26 jurisdiction.
27
28 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
29 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be
30 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
31 development of lands and waters within an area. It is the intent of this act that the adoption and
32 enforcement by a governing body of regulations for the development of land or the adoption and
33 enforcement by a governing body of land development code for an area shall be based on,be related
34 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
35
36 420.0004, F.S. —Definitions. As used in this part, unless the context otherwise indicates:
37 (1) "Adjusted for family size" means adjusted in a manner which results in an income eligibility
38 level which is lower for households with fewer than four people, or higher for households
39 with more than four people, than the base income eligibility determined as provided in
40 subsection (9), subsection (11), subsection (12), or subsection(17), based upon a formula as
41 established by the United States Department of Housing and Urban Development.
42 (2) "Adjusted gross income" means all wages, assets, regular cash or noncash contributions or
43 gifts from persons outside the household, and such other resources and benefits as may be
44 determined to be income by the United States Department of Housing and Urban
45 Development, adjusted for family size, less deductions allowable under s. 62 of the Internal
46 Revenue Code.
47 (3) "Affordable" means that monthly rents or monthly mortgage payments including taxes,
48 insurance, and utilities do not exceed 30 percent of that amount which represents the
BOCC 07.15.2026 Page 21 of 24
File No. 2025-221
I percentage of the median adjusted gross annual income for the households as indicated in
2 subsection (9), subsection (11), subsection(12), or subsection(17).
3 (4) "Corporation"means the Florida Housing Finance Corporation.
4 (5) "Community-based organization" or"nonprofit organization" means a private corporation
5 organized under chapter 617 to assist in the provision of housing and related services on a
6 not-for-profit basis and which is acceptable to federal and state agencies and financial
7 institutions as a sponsor of low-income housing.
8 (6) "Department"means the Department of Commerce.
9 (7) "Disabling condition" means a diagnosable substance abuse disorder, serious mental illness,
10 developmental disability, or chronic physical illness or disability, or the co-occurrence of
11 two or more of these conditions, and a determination that the condition is:
12 (a) Expected to be of long-continued and indefinite duration; and
13 (b) Not expected to impair the ability of the person with special needs to live
14 independently with appropriate supports.
15 (8) "Elderly" describes persons 62 years of age or older.
16 (9) "Extremely-low-income persons" means one or more natural persons or a family whose total
17 annual household income does not exceed 30 percent of the median annual adjusted gross
18 income for households within the state. The Florida Housing Finance Corporation may
19 adjust this amount annually by rule to provide that in lower income counties, extremely low
20 income may exceed 30 percent of area median income and that in higher income counties,
21 extremely low income may be less than 30 percent of area median income.
22 (10) "Local public body"means any county, municipality, or other political subdivision, or any
23 housing authority as provided by chapter 421, which is eligible to sponsor or develop
24 housing for farmworkers and very-low-income and low-income persons within its
25 jurisdiction.
26 (11) "Low-income persons" means one or more natural persons or a family, the total annual
27 adjusted gross household income of which does not exceed 80 percent of the median annual
28 adjusted gross income for households within the state, or 80 percent of the median annual
29 adjusted gross income for households within the metropolitan statistical area (MSA) or, if
30 not within an MSA, within the county in which the person or family resides, whichever is
31 greater.
32 (12) "Moderate-income persons"means one or more natural persons or a family, the total annual
33 adjusted gross household income of which is less than 120 percent of the median annual
34 adjusted gross income for households within the state, or 120 percent of the median annual
35 adjusted gross income for households within the metropolitan statistical area (MSA) or, if
36 not within an MSA, within the county in which the person or family resides, whichever is
37 greater.
38 (13) "Person with special needs"means an adult person requiring independent living services in
39 order to maintain housing or develop independent living skills and who has a disabling
40 condition; a young adult formerly in foster care who is eligible for services under
41 s. 409.1451(5); a survivor of domestic violence as defined in s. 741.28; or a person receiving
42 benefits under the Social Security Disability Insurance(SSDI)program or the Supplemental
43 Security Income (SSI)program or from veterans' disability benefits.
44 (14) "Student" means any person not living with his or her parent or guardian who is eligible to
45 be claimed by his or her parent or guardian as a dependent under the federal income tax code
46 and who is enrolled on at least a half-time basis in a secondary school, career center,
47 community college, college, or university.
48
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File No. 2025-221
1 (15) "Substandard"means:
2 (a) Any unit lacking complete plumbing or sanitary facilities for the exclusive use of
3 the occupants;
4 (b) A unit which is in violation of one or more major sections of an applicable housing
5 code and where such violation poses a serious threat to the health of the occupant;
6 or
7 (c) A unit that has been declared unfit for human habitation but that could be
8 rehabilitated for less than 50 percent of the property value.
9 (16) "Substantial rehabilitation" means repair or restoration of a dwelling unit where the value of
10 such repair or restoration exceeds 40 percent of the value of the dwelling.
11 (17) "Very-low-income persons"means one or more natural persons or a family, not including
12 students, the total annual adjusted gross household income of which does not exceed 50
13 percent of the median annual adjusted gross income for households within the state, or 50
14 percent of the median annual adjusted gross income for households within the metropolitan
15 statistical area(MSA) or, if not within an MSA, within the county in which the person or
16 family resides, whichever is greater.
17
18 420.503, F.S. —Definitions.
19 (19) "Essential services personnel"means natural persons or families whose total annual
20 household income is at or below 120 percent of the area median income, adjusted for household
21 size, and at least one of whom is employed as police or fire personnel, a child care worker, a
22 teacher or other education personnel,health care personnel, a public employee, or a service worker.
23
24 420.5095, F.S. Community Workforce Housing Loan Program.
25 (1) The Legislature finds and declares that recent rapid increases in the median purchase price
26 of a home and the cost of rental housing have far outstripped the increases in median income
27 in the state, creating the need for innovative solutions for the provision of housing
28 opportunities.
29 (2) The Community Workforce Housing Loan Program is created to provide workforce housing
30 for persons affected by the high cost of housing.
31 (3) For purposes of this section, the term "workforce housing" means housing affordable to
32 natural persons or families whose total annual household income does not exceed 80 percent
33 of the area median income, adjusted for household size, or 120 percent of area median
34 income, adjusted for household size, in areas of critical state concern designated under
35 s. 380.05, for which the Legislature has declared its intent to provide affordable housing, and
36 areas that were designated as areas of critical state concern for at least 20 consecutive years
37 before removal of the designation.
38 (4) The Florida Housing Finance Corporation is authorized to provide loans under the program
39 to applicants for construction of workforce housing.
40 (5) The corporation shall establish a loan application process under s. 420.5087.
41 (6) Projects must be given priority consideration for funding if the local jurisdiction has adopted,
42 or is committed to adopting, appropriate regulatory incentives, local contributions or
43 financial strategies, or other funding sources to promote the development and ongoing
44 financial viability of such projects. Local incentives include such actions as expediting
45 review of development orders and permits, supporting development near transportation hubs
46 and major employment centers,and adopting land development regulations designed to allow
47 flexibility in densities, use of accessory units, mixed-use developments, and flexible lot
48 configurations. Financial strategies include such actions as promoting employer-assisted
49 housing programs, providing tax increment financing, and providing land.
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File No. 2025-221
1 (7) The corporation shall award loans with a 1 percent interest rate for a term that does not exceed
2 15 years.
3 (8) The corporation may adopt rules pursuant to ss. 120.536(l) and 120.54 to implement this
4 section.
5
6 The corporation may adopt rules pursuant to ss. 120.536(l) and 120.54 to implement this section
7 125.01055, F.S. - Affordable housing.
8 (1) Notwithstanding any other provision of law, a county may adopt and maintain in effect any
9 law, ordinance, rule, or other measure that is adopted for the purpose of increasing the supply of
10 affordable housing using land use mechanisms such as inclusionary housing or linkage fee
11 ordinances.
12
13 VI. PROCESS
14
15 Land Development Code amendments may be proposed by the Board of County Commissioners, the
16 Planning Commission,the Director of Planning,private application,or the owner or other person having
17 a contractual interest in property to be affected by a proposed amendment. The Director of Planning
18 shall review and process applications as they are received and pass them onto the Development Review
19 Committee and the Planning Commission.
20
21 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
22 the application, the reports and recommendations of the Department of Planning & Environmental
23 Resources and the Development Review Committee and the testimony given at the public hearing. The
24 Planning Commission shall submit its recommendations and findings to the Board of County
25 Commissioners (`BOCC"). The BOCC holds a public hearing to consider the adoption of the proposed
26 amendment, and considers the staff report, staff recommendation, Planning Commission
27 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
28 amendment based on one or more of the factors established in LDC Section 102-158(d)(7).
29
30 In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited
31 uses within a zoning category, the board of county commissioners shall hold two (2) advertised public
32 hearings on the proposed ordinance.
33
34 VII. PROFESSIONAL STAFF RECOMMENDATION
35
36 Professional staff recommends that the Board of County Commissioners approve the proposed ordinance
37 amending Section 138-24 of the Monroe County Land Development Code to eliminate the existing one-
38 for-one exchange requirement for the remaining affordable workforce housing early evacuation unit
39 building permit allocations.
40
41 VIII.EXHIBITS
42
43 1. Draft Ordinance
44 2. May 2, 2018, Governor Rick Scott press release outlining an initiative to the Florida Department
45 of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative.
46 3. DEO Preliminary draft language based on the minimum requirements.
47 4. Ordinance 006-2021
BOCC 07.15.2026 Page 24 of 24
File No. 2025-221
2 �
3J .
4 � f
5 _
"tin-Nx
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 LAND DEVELOPMENT CODE TO AMEND SECTION 138-
14 24 (RESIDENTIAL ROGO ALLOCATIONS) TO MODIFY THE
15 REQUIREMENTS RELATED TO THE 300 KEYS AFFORDABLE
16 WORKFORCE HOUSING INITIATIVE EARLY EVACUATION UNIT
17 BUILDING PERMIT ALLOCATIONS CREATED BY THE
18 GOVERNOR OF FLORIDA, ATTORNEY GENERAL OF FLORIDA,
19 CHIEF FINANCIAL OFFICER OF FLORIDA, AND FLORIDA
20 AGRICULTURE COMMISSIONER ACTING IN THEIR CAPACITY
21 AS THE FLORIDA ADMINISTRATION COMMISSION BY
22 REMOVING THE 1-FOR-1 TAKINGS AND BERT HARRIS ACT
23 LIABILITY REDUCTION EXCHANGE REQUIREMENT;
24 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
25 CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO
26 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
27 STATE; PROVIDING FOR AMENDMENT TO AND
28 INCORPORATION IN THE MONROE COUNTY LAND
29 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.'
30
31
32 WHEREAS,at the Monroe County Board of County Commissioners' (`BOCC","Board",
33 "Monroe County", or the "County") September 11, 2024, regular public meeting, the BOCC
34 directed Planning and Environmental Resources Department professional staff to begin processing
35 Comprehensive Plan and Land Development Code text amendments to eliminate the 1-for-1
36 takings and Bert Harris Act liability reduction exchange requirement for the remaining 214 early
37 evacuation unit building permit allocations; and
38
39 WHEREAS, on November 24, 2025, a community meeting was held, as required by
40 Monroe County Land Development Code Section 102-159(b)to discuss the proposed amendments
41 to the Land Development Code and Comprehensive Plan, and to provide for public participation;
42 and
43
44 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
45 the proposed amendment at a regularly scheduled meeting held on January 27, 2026; and
' Monroe County Planning and Environmental Resources Department File No.2025-221.
Page 1 of 12
1 WHEREAS, on January 29, 2026, the DRC Chair signed Resolution No. DRC 03-26
2 recommending approval of the proposed text amendment; and
3
4 WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a
5 public hearing on February 25, 2026, for review and recommendation on the proposed amendment
6 to the Monroe County Land Development Code; and
7
8 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
9 Resolution No. P09-26 recommending approval to the Board of County Commissioners of the
10 proposed amendment to Section 138-24 of the Monroe County Land Development Code with
11 inclusion of the following sentence, shown as double-underline, added to Section 138-24(e)(2)1.
12
13 For developments owned or operated by a government agency or public housing authority,
14 property management is not required to be located onsite as indicated in this subsection
15 and Comprehensive Plan Policy 101.3.12, but must be available at all times to respond to
16 evacuation orders. However, the government agency or public housing authority will
17 oversee and enforce requested evacuation of the residents and must be available at all times
18 to respond to evacuation orders.; and
19
20 WHEREAS, at a regularly scheduled meeting on the 15th day of July, 2026, the BOCC
21 held a public hearing to consider adoption of the proposed Land Development Code ("LDC" or
22 "Code") text amendment; and
23
24 WHEREAS, based upon the information and documentation submitted, the BOCC made
25 the following findings of fact and conclusions of law:
26
27 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
28 Monroe County Year 2030 Comprehensive Plan; and
29 2. The proposed amendment is consistent with the Principles for Guiding Development
30 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), Florida Statutes;
31 and
32 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statutes;
33 4. The proposed amendment addresses a new issue consistent with LDC Section 102-
34 158(d)(7)(b).
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
37 OF COUNTY COMMISSIONERS:
38
39 Section 1. Recitals. The foregoing recitals, findings of fact and conclusions of law are true
40 and correct and are hereby incorporated as if fully stated herein.
41
42 Section 2. The text of the Monroe County Land Development Code is hereby amended as
43 follows (Deletions are shown stfike*h,ettgh; additions are shown underlined):
44
45 Sec. 138-24. -Residential ROGO Allocations.
Page 2 of 12
I (a) Number of available annual residential ROGO allocations. The number of market rate
2 residential ROGO allocations available in each subarea of the unincorporated county and the
3 total number of affordable residential ROGO allocations and affordable workforce housing
4 early evacuation unit allocations available countywide shall be as follows:
5
Number of Dwelling Units
Subarea ROGO Years: ROGO Years:
July 13, 2020- July 12, 2021 July 13, 2023- July 12, 2024
July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025
July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026
Upper Keys 31 30
Lower Keys 29 28
Big Pine and No Name Keys 4 4
Total market rate 64 62
A.fordable Dwelling Units
Very Low, Low, and Median 360*
Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
Affordable Workforce 300**
Housing Early Evacuation
Initiative
** Affordable Wworkforce housing early evacuation unit building permit allocations shall be
distributed on a first-come first-serve basis in the Upper and Lower Keys subareas. 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 and Section
138-24(e). Additionally, pursuant to Comprehensive Plan Policy 101.3.10, affordable workforce
housing early evacuation unit building_permit allocations may be transferred to another government
jurisdiction for Count -initiated affordable housing projects, as approved by a resolution of the BOCC.
6
7
Annual Allocation
I 'o„ o Affordable
ROGO Year T"====lati"e Workforce
Market Rate Affordable Housing Early
Housing Evacuation
Initiative
July 13, 2013—July 12, 126
U: 61, L: 57, 4 71 N/A
2014 BPK/NNK: 8
Page 3 of 12
July 13, 2014-July 12, 126
U: 61, 6 57, 71
2015 BPK/NNK: 8
July 13, 2015-July 12, 126
U: 61, 6 57,
2016 BPK/NNK: 8
July 13, 2016- 126
July 12, U: 61, 6 57,
2017 BPK/NNK: 8
568 total
July 13, 2017-July 12, 126 AFH
2018 U: 61, L: 57, (total
BPK/NNK: 8 available
July 13, 2018-July 12, 126 126 immediately)
2019 U: 61, L: 57,
BPK/NNK: 8
July 13, 2019-July 12, 126
U: 61, 6 57,
2020 BPK/NNK: 8
July 13, 2020-July 12, 64
U: 31, L:29,
2021 BPK/NNK: 4
July 13, 2021-July 12, 64
U: 31, L:29,
2022 BPK/NNK: 4
July 13, 2022-July 12, 64
U: 31, L:29,
2023 BPK/NNK: 4
July 13, 2023-July 12 62
U: 30, L:28, 300** 300**
2024 BPK/NNK: 4
July 13, 2024-July 12, 62
U: 30, L:28,
2025 BPK/NNK: 4
July 13, 2025-July 12, 62
U: 30, L:28,
2026 BPK/NNK: 4
TOTAL 1,260 300** 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.
Page 4 of 12
** Affordable -Wworkforce housing early evacuation unit building permit allocations are available
within the in the Upper and Lower Keys subareas and shall be distributed on a first-come first-serve
basis.Requests for dwelling units developed and/or deed-restricted utilizing the workforce housing early
evacuation unit allocations are subject to the provisions of Policy 101.3.12 and Section 138-24(e).
Additionally, pursuant to Comprehensive Plan Policy 101.3.10, affordable workforce housing early
evacuation unit building permit allocations may be transferred to another government jurisdiction for
County-initiated affordable housing projects, as approved by a resolution of the BOCC.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. The County adopted a slower rate of annual allocations for market rate
4 development to extend the allocation timeframe to 2026 without exceeding the total of 1,970
5 allocations. By July 12, 2023, if substantial financial support is provided by State and Federal
6 partners, the County may reevaluate the ROGO distribution allocation schedule and consider
7 an extended timeframe for the distribution of market rate allocations. If necessary, Monroe
8 County will request a Rule change from the Administration Commission to authorize an
9 alternative allocation timeframe and rate.
10 (1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market
11 rate residential ROGO allocations available per ROGO year. Affordable ROGO
12 allocations and affordable workforce housing early evacuation unit building permit
13 allocations shall be available for countywide allocation except for Big Pine Key and No
14 Name Key. The allocations for Big Pine Key and No Name Key shall be limited to
15 maximums established in Big Pine Key/No Name Key Livable CommuniKeys Plan,
16 Incidental Take Permit and Habitat Conservation Plan.
17 (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of
18 market rate housing residential ROGO allocations available per ROGO quarter
19 determined by the following formula:
20 a. Market rate residential ROGO allocations available in each subarea per quarter is equal
21 to the market rate residential ROGO allocations available in each subarea divided by
22 four.
23 b. Affordable housing residential ROGO for all four ROGO quarters, including the
24 allocations available for Big Pine Key, shall be made available at the beginning of
25 the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all
26 remaining affordable housing residential ROGO allocations shall be made available
27 for award.
28 c. Affordable Wworkforce lnitia4ive housing early evacuation unit building�permit
29 allocations shall be made available at the beginning of the first quarter of ROGO year
30 July 13, 2021—July 12, 2022. All affordable workforce early evacuation unit
31 building permit allocations shall be available for award;and shall be distributed on a
32 first-come first-serve basis. Requests for affordable workforce housing early
33 evacuation unit building�permit allocations shall require a reservation via BOCC
34 resolution.
35 (3)Ratio of very low income, low income, and median income allocations to moderate income
36 allocations. The Planning Commission may amend these proportions for affordable
37 housing during any ROGO quarter.
38 (4)Big Pine Key and No Name Key.
Page 5 of 12
1 a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions
2 of the Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and
3 Livable CommuniKeys Plan (LCP) for the Florida Key Deer and other covered
4 species, which may affect ROGO allocations under this article.
5 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential
6 permit allocations that may be awarded in Tier I shall be no more than one (1) every
7 2 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property
8 owner attempting to develop his property may be granted an allocation through the
9 ROGO process that may be used once that property owner obtains all required
10 permits and authorizations required under the Endangered Species Act and other
11 applicable federal and state laws. The allocation will remain valid so long as the
12 applicant diligently and in good faith continues to work with USFWS to conclude
13 the coordination and pick up a building permit.
14 (5)Limit on number of allocation awards in Tier L
15 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall
16 be no more than one (1) every two (2)years.
17 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
18 more than three (3).
19 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
20 more than three (3).
21 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section
22 138-26 for awarding of affordable housing allocations or affordable workforce :n. e
23 (we6efafee housing early evacuation unit)building permit allocations,the BOCC may reserve
24 by resolution some or all of the available affordable housing allocations or available
25 affordable workforce iftitiative housing early evacuation unit building permit allocations for
26 award to certain sponsoring agencies or specific housing programs consistent with all other
27 requirements of this chapter. Building permits for these reserved allocations shall be picked
28 up within six months of the effective reservation date, unless otherwise authorized by the
29 BOCC in its resolution such as establishing the income categories for allocations granted. The
30 BOCC may, at its discretion, place conditions on any reservation as it deems appropriate.
31 These reservations may be authorized by the BOCC for:
32 (1) The county housing authority, nonprofit community development organizations, pursuant
33 to Section 139-1(e), and other public entities established to provide affordable housing
34 by entering into a memorandum of understanding with one or more of these agencies;
35 (2) Specific affordable or employee housing projects participating in a federal/state housing
36 financial assistance or tax credit program or receiving some form of direct financial
37 assistance from the county upon written request from the project sponsor and approved
38 by resolution of the BOCC;
39 (3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-
40 profit organizations above upon written request from the project sponsor and approved
41 by resolution of the BOCC;
42 (4) Specific affordable or employee housing programs sponsored by the county pursuant to
43 procedures and guidelines as may be established from time to time by the BOCC;
44 (5) Specific affordable or employee housing projects by any entity, organization, or person,
45 contingent upon transfer of ownership of the underlying land for the affordable housing
46 project to the county, a not-for-profit community development organization, or any other
Page 6 of 12
1 entity approved by the BOCC, upon written request from the project sponsor and
2 approved by resolution of the BOCC; or
3 (6)Rental employee housing projects situated on the same parcel of land as the nonresidential
4 workplace for the tenants of these projects,upon written request from the property owner
5 and approved by resolution of the BOCC; or.
6 (7) Affordable Wworkforce iiiifiative housing early evacuation projects, pursuant to Policy
7 101.3.12 and Section 138-24(e), that require occupants to evacuate in Phase 1 of the 48-
8 hr evacuation of a petiding ffiajef hidffieaiie as required in Comprehensive Plan Policy
9 101.2.4, are restricted to rental occupancy, and for those who derive at least 70% of their
10 income as members of the workforce in Monroe County and who meet the affordable
11 housing income categories of the Monroe County Land Development Code.
12 (c) Affordable housing allocation awards and eligibility.
13 (1) The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
14 (2)Any portion of the affordable housing allocation not used for affordable housing at the end
15 of a ROGO year shall be made available for affordable housing for the next ROGO year.
16 (3) No affordable housing allocation shall be awarded to applicants located within a Tier I
17 designated area, within a V-zone on the county's flood insurance rating map, or within a
18 Tier III-A (special protection area) designated area.
19 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable
20 housing ROGO allocations may be awarded to Tier I or Tier 111-A properties which
21 meet all of the following criteria:
22 a. The property contains an existing market rate dwelling unit that meets the criteria in
23 LDC Section 138-22(a) and is determined to be exempt from ROGO;
24 b. The proposed replacement affordable dwelling unit meets current Florida Building
25 Code and is not a mobile home;
26 c. The proposed replacement dwelling unit shall be deed restricted for a period of at least
27 99 years as affordable housing pursuant to the standards of the Land Development
28 Code;
29 d. The proposed site plan for the replacement affordable dwelling unit does not propose
30 any additional clearing of habitat; and
31 e. The structure is not proposed to be within a V-zone on the county's flood insurance
32 rating map.
33 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key.No
34 affordable housing allocation may be used on No Name Key.
35 (d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling
36 unit unless such dwelling unit:
37 (1) Has a dwelling unit allocation award; or
38 (2)Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed
39 vested pursuant to Section 138-22.
40 (e) Affordable Workforce Housing Early Evacuation Initiative allocation awards, eligibility
41 and requirements.
42 (1) Pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe County establishes a new
43 allocation category to award 300 affordable workforce housing early evacuation unit building
44 permit allocations pursuant to the Workforce-Affordable Housing Initiative (Workforce
45 Initiative). The Workforce-Affordable Housing Initiative will require dwelling units
46 constructed and/ or deed restricted with affordable workforce housing early evacuation unit
Page 7 of 12
1 building permit allocations to evacuate occupants in Phase 1 of the 48-hr evacuation of a
2 pending major hurricane.
3 (2) Dwelling units developed and/or deed restricted utilizing the affordable workforce housing
4 :rive early evacuation unit building_permit allocations are subject to the following:
5 a. Requests for affordable workforce housing early evacuation unit allocations shall be
6 require
7 a reservation via BOCC resolution. The BOCC may, at its discretion, place conditions
8 on any reservation as it deems appropriate, such as establishing the income categories
9 for allocations _rg ate. The BOGG may , at its disetvtion,exehange existing r-esan,@
10
11
12 , at its
13 disefetion,
14
15
16
17 unit aflweati
18 1. The a f f ra ab'e alleea4iefls r-etumed to the County in &Eeha-flge fef wefkfefe
19
20 adffiiiiistfative felief,
21 ,
22 ewes.
23 ., the aff-efdabi-e
24
25
26
27
28 the ori a e r� 'e hatising ineemeeateger-5,-of a lesJef: inceme
29 eategefy`
30
31
32 (D(1GO) estf etions— pr—evict'a they meet the efitefia established iii t-hc
33 .
34
35 ,
36
37 .
38 ,
39
40
41
42 .
43 eb. All affordable workforce housing early evacuation units require a deed-restriction
44 ensuring:
45 1. Before any building permit may be issued for any structure, portion or phase of a
46 project subject to the Workforce Initiative, a restrictive covenant shall be approved
Page 8 of 12
1 by the Planning Director and County Attorney and recorded in the Office of the
2 Clerk of the County to ensure compliance with the provision of this section running
3 in favor of the County and enforceable by the County and, if applicable, a
4 participating municipality. The following requirements shall apply to these
5 restrictive covenants:
6 i. The covenants for any workforce housing early evacuation units shall be
7 effective for 99 years.
8 ii. The covenants shall not commence running until a certificate of occupancy
9 has been issued by the Building Official for the dwelling unit or dwelling
10 units to which the covenant or covenants apply.
11 iii. For existing dwelling units that are deed-restricted as workforce housing
12 early evacuation units, the covenants shall commence running upon
13 recordation in the Official Records of Monroe County.
14 2. The covenants shall require that the affordable workforce housing early evacuation
15 units to be restricted to rental occupancy for those who derive at least 70% of their
16 income as members of the workforce in Monroe County and who meet the
17 affordable housing income categories of the Monroe County Land Development
18 Code. The occupants are required to annually verify their employment and income
19 eligibility.
20 3.The covenants shall require occupants to evacuate in Phase I of the 48-hr evacuation
21 of a pending major hurricane. Persons living in the workforce housing early
22 evacuation units who may be exempted from evacuation requirements are limited
23 to law enforcement, correctional and fire personnel, health care personnel, and
24 public employees with emergency management responsibilities. If there is an
25 occupant that indicates their employment is considered a `first-responder position'
26 and not included in the list of exemptions above, then the Planning Director shall
27 determine, in writing, whether the person may be exempted because of a
28 requirement to remain during an emergency. Any person claiming exemption
29 under this provision shall submit of an affidavit of qualification and faithfully
30 certify their status with the onsite property management.
31 4. The covenants shall require rental agreements which contain a separate disclosure
32 requiring rental occupants to acknowledge the existing restrictive covenant on the
33 unit requiring evacuation in Phase I of the 48-hr evacuation and that failure to
34 adhere to the Phase I evacuation requirement could result in severe penalties,
35 including eviction, to the occupant.
36 5. The covenants shall require onsite property managers and a separate employment
37 disclosure requiring the maintenance of training in evacuation procedures and an
38 acknowledgement that failure to adhere to the Phase I evacuation requirement
39 could result in severe penalties, including termination.
40 d.c. Affordable Wworkforce housing early evacuation units shall be restricted to rental
41 occupancy for those who derive at least 70% of their income as members of the
42 workforce in Monroe County and who meet the affordable housing income categories
43 of the Monroe County Land Development Code. Workforce means individuals or
44 families who are gainfully employed supplying goods and/or services to Monroe
45 County residents or visitors.
Page 9 of 12
1 -ed. Affordable Wworkforce housing early evacuation units shall require onsite property
2 management with property managers trained in evacuation procedures and required to
3 manage the evacuation of tenants in Phase I of an evacuation. During traditional
4 working hours,the property manager must be at an office within the workforce housing
5 early evacuation unit development subject property. Outside the traditional working
6 hours, the property manager must be available at all times to respond to evacuation
7 orders.
8 €e. The property management entity for the affordable workforce housing early evacuation
9 units shall be required to annually verify the employment and income eligibility of
10 tenants; report the total units on the site, the occupancy rates of units, and tenant
11 compliance with the requirement to evacuate the units in Phase I of an evacuation,
12 including the number of occupants that are exempt from the evacuation requirements.
13 The property management entity must submit a report to the Planning and
14 Environmental Resources Department by May 1 of each year. Further, each lease and
15 this annual report shall be kept by the property manager and be available for inspection
16 by the County during traditional working hours.
17 gf. Affordable Wworkforce housing early evacuation units shall be located within an area
18 designated as Tier 111.
19 lhg. Affordable Wworkforce housing early evacuation units shall not be located in the V-
20 Zone or within a Coastal Barrier Resource System(CBRS).
21 ih. Affordable Wworkforce housing early evacuation units shall be located on a property
22 which has all infrastructure available (potable water, adequate wastewater treatment
23 and disposal wastewater meeting adopted LOS, paved roads, etc.).
24 ji. All affordable workforce housing early evacuation units must demonstrate compliance
25 with all applicable federal standards for accessibility for persons with disabilities(ADA
26 Compliance).
27 #1. To the greatest extent practicable, a development utilizing affordable workforce
28 housing early evacuation unit allocations shall incorporate sustainable and resilient
29 design principles into the overall site design
31 k. To the greatest extent practicable, a development utilizing affordable workforce
32 housing early evacuation unit building permit allocations shall be located in close
33 proximity_to employment centers in Key West, Stock Island and Marathon.
34 (1) For developments owned or operated by a government agency or public housing
35 authority,property management is not required to be located onsite as indicated in this
36 subsection and Comprehensive Plan Policy 101.3.12,but must be available at all times
37 to respond to evacuation orders. However, the government agency or public housing
38 authority will oversee and coordinate requested evacuation of the residents and must
39 be available at all times to respond to evacuation orders.
40
41
42 *****
43 Section 3. The May 28, 2026-dated Monroe County Planning and Environmental Resources
44 Department professional staff report accompanying this agenda item prepared by
45 and from Planning Policy Advisor Barbara Powell and Senior Director of Planning
Page 10 of 12
1 and Policy Cheryl Cioffari, A.LC.P.,z and by and through Senior Director Devin
2 Tolpin, A.I.C.P., C.F.M.,3 is hereby incorporated as if fully stated herein and their
3 analysis and determinations of fact and law to the extent not plainly inconsistent
4 with this Ordinance are hereby accepted and adopted as if fully stated herein.
5
6 Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or
7 ambiguities, within this Ordinance or between this Ordinance and the Monroe
8 County Code of Ordinances, Florida Building Code, Monroe County Land
9 Development Code, floodplain management regulations, Comprehensive Plan, or
10 any other determination, interpretation, or approval of the Monroe County Board
11 of County Commissioners,Monroe County Planning Commission,Monroe County
12 Planning and Environmental Resources Department, or other department or office
13 of Monroe County, the more restrictive rule, regulation, law, provision, and/or text
14 shall always apply and control.
15
16 Section 5. Subject to Section 4. above, the interpretation of this Ordinance and all provisions
17 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
18 County Codes, Florida Statutes, and floodplain management regulations whose
19 interpretation arise out of, relate to, or are interpreted in connection with this
20 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
21 and such interpretation shall be entitled to great weight in adversarial administrative
22 proceedings, at trial, in bankruptcy, and on appeal.
23
24 Section 6. This Ordinance neither ratifies nor approves,nor shall be interpreted as ratifying or
25 approving, any violation or violations of the Monroe County Code of Ordinances,
26 Monroe County Land Development Code, Monroe County Comprehensive Plan,
27 floodplain management regulations, Florida Building Code, Florida Statutes,
28 Florida Administrative Code, or any other law, rule, or regulation, whether Federal
29 or of the State or of Monroe County, and shall not be construed as ratifying or
30 approving of any such violation of law(s), rule(s), or regulation(s).
31
32 Section 7. Approval of this Ordinance shall not estop or waive, nor shall be construed as
33 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and
34 require compliance with the Monroe County Codes, Monroe County
35 Comprehensive Plan, floodplain management regulations, Florida Building Code,
36 Florida Statutes,Florida Administrative Code, or any other law, rule, or regulation,
37 whether at law or in equity.
38
39 Section 8. No Liability. Monroe County expressly reserves and in no way shall be deemed to
40 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
41 governmental, and other similar defense, immunity, exemption, or protection
42 against any suit, cause-of-action, demand, or liability.
43
2 American Institute of Certified Planners(A.I.C.P.)—Certification.
'Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
Page 11 of 12
1 Section 9. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
2 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
3 or unenforceable in or by any administrative hearing officer or court of competent
4 jurisdiction, the invalidity or unenforceability of such provision, or any part or
5 portion thereof, shall neither limit nor impair the operation, enforceability, or
6 validity of any other provision of this Ordinance, or any remaining part(s) and/or
7 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
8 and/or portion(s) thereof, shall continue unimpaired in full force and effect.
9
10 Section 10. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
11 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
12 shall not repeal the repealing clause of such ordinance or revive any ordinance
13 which has been repealed thereby.
14
15 Section 11. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
16 the State Land Planning Agency pursuant to Chapter 163 and 380,Florida Statutes.
17
18 Section 12. Filing and Effective Date. This Ordinance shall be filed in the Office of the
19 Secretary of the State of Florida but shall not become effective until a notice is
20 issued by the State Land Planning Agency or Administration Commission finding
21 the amendment in compliance with Chapter 163, Florida Statutes, and after any
22 applicable challenges have been resolved.
23
24 Section 13. Inclusion in the Land Development Code. The text amendment shall be
25 incorporated in the Monroe County Land Development Code. The numbering of
26 the foregoing amendment may be renumbered to conform to the numbering in the
NMonroe County Land Development Code.
29 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
3y Florida, at a regular meeting held on the 15th day of July, 2026.
32 Mayor Michelle Lincoln, District 2
33 Mayor Pro Tern David Rice, District 4
34 Commissioner Craig Cates, District 1
35 Commissioner James K. Scholl, District 3
3� Commissioner Holly Merrill Raschein, District 5
38 BOARD OF COUNTY COMMISSIONERS
39 OF MONROE COUNTY, FLORIDA
40
41 By:
42 Mayor Michelle Lincoln
43 (SEAL)
44 ONnO CCU TTC�nNEY
45 ATTEST: KEVIN MADOK, CLERK y ...W......
46 .
47 By: PETER ORRI
ASSISTANT C'OUN ATTORNEY
48 AS DEPUTY CLERK 7�2�26
Date: ,. ...
Page 12 of 12
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."
F!Til
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.
2
3
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO.006r2021
10
11 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
12 RECOMMENDING APPROVAL OF AN ORDINANCE BY MONROE
13 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
14 AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT
15 CODE AMENDING THE SECTION 138-24, RESIDENTIAL ROGO
16 ALLOCATIONS, TO ESTABLISH A NEW BUILDING PERMIT
17 ALLOCATION CATEGORY TO AWARD 300 WORKFORCE HOUSING
18 EARLY EVACUATION UNIT BUILDING PERMIT ALLOCATIONS
19 PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING
20 INITIATIVE (WORKFORCE INITIATIVE) AUTHORIZED BY THE
21 FLORIDA ADMINISTRATION COMMISSION AND THE FLORIDA
22 DEPARTMENT ECONOMIC OPPORTUNITY AND TO ESTABLISH THE
23 SPECIFIC WORKFORCE INITIATIVE REQUIREMENTS; PROVIDING
24 - --FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
25 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
26 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
27 FOR AMENDMENT TO AND INCORPORATION IN THE MONROE
28 COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
29 EFFECTIVE DATE. (FILE NO. 2020-068)
30
31
32 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
33 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
34 health, safety, and welfare of the County's citizens; and
35
36 WHEREAS, Florida Statute § 380.0552., the Florida Keys Area protection and
37 designation as area of critical state concern, establishes the intent to"ensure that the population of
38 the Florida Keys can be safely evacuated", Florida Statute § 380.0552(2)0), and requires that
39 amendments to each local government's comprehensive plan to include "goals, objectives, and
40 policies" to protect public safety and welfare in the event of a natural disaster by maintaining a
41 hurricane evacuation clearance time for permanent residents of no more than 24 hours; and
42
43 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth
44 Ordinance (ROGO) in order to provide for the safety of residents in the event of a hurricane
45 evacuation and to protect the significant natural resources of Monroe County, as required by the
46 State of Florida; and
47
Ordinance No.006-2021 Page 1 of 12
File 2020-068
1 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an
2 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
3 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance allocations ("ROGO
4 allocations") throughout the Florida Keys for rental workforce housing, with a condition that the
5 rental occupants evacuate in the early phase (48-hour window)of a hurricane evacuation; and
6
7 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the
8 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the
9 existing staged evacuation plan)can be accomplished in 17.5 hours,leaving additional capacity of
10 6.5 hours in Phase 1; and
11
12 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited
13 by geographic and environmental features,housing supply limited by controlled growth(including
14 but not limited to the Rate of Growth Ordinance) and a tourism economy with a prevalence of
15 lower paying service-sector employment; and
16
17 WHEREAS, the need to protect and preserve an adequate inventory of
18 affordable/workforce accessible housing is a continual as well as a growing challenge in the
19 Florida Keys,particularly after the impacts of Hurricane Irma which caused significant damage to
20 housing units throughout the Florida Keys; and
21
22 WHEREAS,on September 19,2018,the Monroe County Board of County Commissioners
23 ("BOCC", "Monroe County", or the "County") directed County staff to draft proposed policy
24 alternatives to the State's Keys Workforce Housing Initiative that address several concerns raised
25 related to the enforceability of the evacuation provisions; and
26
27 WHEREAS, on January 30, 2019, the BOCC considered options to accept the 300 units
28 but took no official action; and
29
30 WHEREAS, on January 22, 2020, the BOCC directed staff to prepare an agenda item to
31 discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land
32 Development Code amendments to: 1) Move a portion of market-rate ROGO units to the
33 affordable housing allocation pool and/or 11 Accept the 300 Workforce Housing units offered by
34 the Department of Economic Opportunity required to evacuate in Phase 1 of the Hurricane
35 Evacuation model; and
36
37 WHEREAS,on February 19,2020,the BOCC discussed whether to direct staff to process
38 a comprehensive plan and land development code amendment to: 11 Move a portion of the 378
39 remaining Market Rate-Rate of Growth Ordinance(ROGO)units through 2026 to the Affordable
40 Housing allocation pool and/or 21 Accept the 300 Workforce Housing units offered by the DEO
41 required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide on
42 the potential shifting of market rate allocations to the affordable housing pool but did direct staff
43 to start the process to accept the 300 workforce housing units; and
44
45 WHEREAS,on July 15,2020,during a discussion item on potentially shifting market rate
46 allocations to the affordable housing pool, the BOCC provided further direction to staff on
47 accepting the 300 workforce housing early evacuation unit building permit allocations.The BOCC
Ordinance No. 006-2021 Page 2 of 12
File 2020-W
1 directed: Accept the 300 workforce housing early evacuation unit building permit allocations to
2 be used in exchange for existing affordable allocations at multifamily developments (for
3 developers that agree to the early evacuation restriction) and the affordable housing allocations
4 returned to the County(returned in the exchange)be set aside and banked for takings cases (bank
5 them within an administrative relief pool); and
6
7 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
8 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
9 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
10 manage land use and development; and
11
12 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
13 considered the proposed amendments at a regularly scheduled meeting held on the August 25,
14 2020; and
15
16 WHEREAS, at a regularly scheduled meeting held on October 28, 2020, the Monroe County
17 Planning Commission held a public hearing for the purpose of considering the proposed
18 amendment and provided for public comment; and
19
20 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 30-20,
21 recommending approval for the proposed amendment,with edits identified in the resolution; and
22
23 WHEREAS, at a regularly scheduled meeting held on April 21, 2021, the Monroe County
24 Board of County Commissioners held a public hearing, considered the staff report, and provided
25 for public comment and public participation in accordance with the requirements of state law and
26 the procedures adopted for public participation in the planning process; and
27
28 WHEREAS, based upon the documentation submitted and information provided in the
29 accompanying staff report, the Monroe County Board of County Commissioners makes the
30 following findings of fact and conclusions of law:
31
32 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
33 Monroe County Year 2030 Comprehensive Plan; and
34 2. The proposed amendment is consistent with the Principles for Guiding Development
35 for the Florida Keys Area of Critical State Concern,Florida Statute § 380.0552(7); and
36 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes;
37 and
38 4. The proposed amendment is necessary due to new issues and the need for additional
39 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
40 Code.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
44
45 Section 1. Recitals and Leeislative Intent. The foregoing recitals and statements of
46 legislative intent are true and correct and are hereby incorporated as if fully stated herein.
47
Ordinance No.006 -2021 Page 3 of 12
File 2020-068
1 Section 2.The Monroe County Land Development Code is hereby amended as follows:
2
Proposed Amendment: deletions are slizieken gife additions are shown in underlined.
3
4
5 See. 138-24.- Residential ROGO Allocations.
6 (a) Number of available annual residential ROGO allocations. The number of market rate
7 residential ROGO allocations available in each subarea of the unincorporated county and the
a total number of affordable residential ROGO allocations and Nvorkforcc housin, carlti
9 evacuation unit allocations available countywide shall be as follows:
10
Number of D effing Units
Subarea ROGO Years: ROGO Years:
July 13,2020-July 12,2021 July 13,2023-July 12,2024
July 13,2021-July 12,2022 July 13,2024-July 12,2025
July 13,2022-July 12,2023 July 13,2025-July 12,2026
Upper Keys 31 30
Lower Keys 29 28
Big Pine and No Name Keys 4 4
Total market rate 64 62
Affordable Dwelling Units
Very Low,Low,and Median 360*
Incomes
Moderate Incomes 350*
`Includes one annually for Big Pine Key and No Name Key
Workforce lnitiati►c 300**
** Workft)rce housine early evacuation unit allocations Shall he distributed on a first-conic first-sere
bas1s. Requcsts for dxvelIIng un)tS dCN'ej()pC[1 d`ol"deed-I-Cstricted u(111zing the w[)rkforec hotising early'
e%acuation.unit allocations are suk2ject.tL)the J rovisions of Policy 101.3.12 and Section 139-24(c).
11
Annual Allocation
ROGO Year Workforcc AffordableMarket Rate Initiative Housing
July 13,2013—July 12, 2014 126 71 j
U: 61,L:57,BPKINNK: 8
July 13,2014—July 12, 2015 126 71
U: 61,L: 57, BPKINNK: 8
July 13,2015—July 12,2016 126 NiA
U: 61,L: 57,BPKINNK: 8
126
July 13,2016—July 12,2017 U: 61,L: 57,BPK/NNK: 8
July 13, 2017—July 12,2018 126
Ordinance No.006-2021 Page 4 of 12
File 2020-068
U: 61,L: 57,BPKINNK: 8
126 126 568 total AFH
July 13,2018-July 12, 2019 U: 61,L: 57, BPKINNK: 8 (total available
immediately)
July 13,2019-July 12,2020 126
U: 61,L: 57, BPKINNK: 8
July 13, 2020-July 12,2021 64
U: 31,L:29,BPKINNK:4
64
July 13, 2021 July 12,2022
U: 31,L:29,BPKINNK: 4
64
July 13,2022-July 12, 2023
U: 31,L:29,BPK/NNK: 4
July 13,2023-July 12, 2024 62 300**
U: 30,L:28 BPKINNK:4
July 13,2024-July 12,2025 62
U: 30,L:28,BPKINNK:4
July 13,2025-July 12,2026 62
U: 30,L:28,BPK/NNK:4
TOTAL 1,260 300** 710*
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP)ending in 2023.
** Workl'orcc housing early e%acuation unit allocations shall be distributed on a lust-conie first-serNe
basis._Rec nests for dwell in g units developed and/or deed-restricted utilizing the workforce 1lnusing early
e acukition unit allocations are sub iect to the provisions of Policy 101,3.12 and SccIlon 13 8-24 e .
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. The County adopted a slower mite oi' annual allocations_I'm market rate
4 de elo 7lnent to extend the aIlocation tImef -ame to 2026 w1tllout exceedln g the total of 1,970
5 allocations. By July 12, 2-0 82023 if substantial financial support is provided by State and
6 Federal partners, the County may reevaluate the ROGO distribution allocation schedule and
7 consider an extended timeframe for the distribution of market rate allocations. If necessary,
8 Monroe County will request a Rule change from the Administration Commission to authorize
9 an alternative allocation timeframe and rate.
10 (1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market
11 rate residential ROGO allocations available per ROGO year. Affordable ROGO
12 allocations and workforce housing early evacuation unit allocations shall be available for
13 countywide allocation except for Big Pine Key and No Name Key. The allocations for
14 Big Pine Key and No Name Key shall be limited to maximums established in Big Pine
15 Key/No Name Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat
16 Conservation Plan.
17 (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of
18 market rate housing residential ROGO allocations available per ROGO quarter
19 determined by the following formula:
Ordinance No. 006-2021 Page 5 of 12
File 2020-068
I a.Market rate residential ROGO allocations available in each subarea per quarter is equal
2 to the market rate residential ROGO allocations available in each subarea divided by
3 four.
4 b. Affordable housing residential ROGO for all four ROGO quarters, including the
5 allocations available for Big Pine Key, shall be made available at the beginning of
6 the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all
7 remaining affordable housing residential ROGO allocations shall be made available
8 for award.
9 c. Workforce Initiative allocations shall be made available at the he minnin g of the first
10 ytiarter of WG0 !ear July 13. 2021—Jul , 12, 2022. All allocations shill be
11 available liil. award, and shall be distributed on a first-came first-serve basis.
12 Reguests for N orkfi)rce housing: early evacuati011 unit allocal1011s shZill require a
13 reservation via BOCC resolution.
14 (3)Ratio of very low income, low income, and median income allocations to moderate income
15 allocations. The Planning Commission may amend these proportions for affordable
16 housing during any ROGO quarter.
17 (4)Big Pine Key and No Name Key.
18 a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions
19 of the Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and
20 Livable CommuniKeys Plan (LCP) for the Florida Key Deer and other covered
21 species,which may affect ROGO allocations under this article.
22 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential
23 permit allocations that may be awarded in Tier I shall be no more than one(1) every
24 2 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property
25 owner attempting to develop his property may be granted an allocation through the
26 ROGO process that may be used once that property owner obtains all required
27 permits and authorizations required under the Endangered Species Act and other
28 applicable federal and state laws. The allocation will remain valid so long as the
29 applicant diligently and in good faith continues to work with USFWS to conclude
30 the coordination and pick up a building permit.
31 (5)Limit on number of allocation awards in Tier I.
32 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall
33 be no more than one (1) every two(2) years.
34 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
35 more than three(3).
36 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
37 more than three(3).
38 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section
39 138-26 for awarding of affordable housing allocations or worklin-c:e initiative (workti�rce
40 housing early evacuation unit) allocations, the BOCC may reserve by resolution some or all
41 of the available affordable housing allocations or available workfi)rce initiative allocations for
42 award to certain sponsoring agencies or specific housing programs consistent with all other
43 requirements of this chapter. Building permits for these reserved allocations shall be picked
44 up within six months of the effective reservation date, unless otherwise authorized by the
45 BOCC in its resolution.The BOCC may,at its discretion,place conditions on any reservation
46 as it deems appropriate. These reservations may be authorized by the BOCC for:
Ordinance No. 006-2021 Page 6 of 12
File 2020-068
1 (1)The county housing authority,nonprofit community development organizations,pursuant
2 to Section 139-1(e), and other public entities established to provide affordable housing
3 by entering into a memorandum of understanding with one or more of these agencies;
4 (2) Specific affordable or employee housing projects participating in a federal/state housing
5 financial assistance or tax credit program or receiving some form of direct financial
6 assistance from the county upon written request from the project sponsor and approved
7 by resolution of the BOCC;
8 (3)Specific affordable or employee housing projects sponsored by nongovernmental not-for-
9 profit organizations above upon written request from the project sponsor and approved
10 by resolution of the BOCC;
11 (4) Specific affordable or employee housing programs sponsored by the county pursuant to
12 procedures and guidelines as may be established from time to time by the BOCC;
13 (5) Specific affordable or employee housing projects by any entity, organization, or person,
14 contingent upon transfer of ownership of the underlying land for the affordable housing
15 project to the county,a not-for-profit community development organization,or any other
16 entity approved by the BOCC, upon written request from the project sponsor and
17 approved by resolution of the BOCC; or
18 (6)Rental employee housing projects situated on the same parcel of land as the nonresidential
19 workplace for the tenants of these projects,upon written request from the property owner
20 and approved by resolution of the BOCC, or-.
21 {7)_VVorkin1-ce initiative housing projects, pursuant to Policy 101.3.12 and Section 138-24(c),
22 that require occupants to c�acuate in Phase i of the 48-hr evacuation of a Pending major
23 hurricane. ilre restricted to rental occupancy. and for those w1io derive at least 7Mi) o€
24 their income as members ofthe workfbi-cc]n Monroe Count ;and xyho ineet the affordable
25 housing income catt gories of the Monroe Couti�'.Land Development Code.
26 (c) Affordable housing allocation awards and eligibility.
27 (1)The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
28 (2)Any portion of the affordable housing allocation not used for affordable housing at the end
29 of a ROGO year shall be made available for affordable housing for the next ROGO year.
30 (3) No affordable housing allocation shall be awarded to applicants located within a Tier I
31 designated area, within a V-zone on the county's flood insurance rating map, or within a
32 Tier III-A(special protection area)designated area.
33 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable
34 housing ROGO allocations may be awarded to Tier I or Tier III-A properties which
35 meet all of the following criteria.
36 a. The property contains an existing market rate dwelling unit that meets the criteria in
37 LDC Section 138-22(a)and is determined to be exempt from ROGO;
38 b. The proposed replacement affordable dwelling unit meets current Florida Building
39 Code and is not a mobile home;
40 c. The proposed replacement dwelling unit shall be deed restricted for a period of at least
41 99 years as affordable housing pursuant to the standards of the Land Development
42 Code;
43 d. The proposed site plan for the replacement affordable dwelling unit does not propose
44 any additional clearing of habitat; and
45 e. The structure is not proposed to be within a V-zone on the county's flood insurance
46 rating map.
Ordinance No.006-2021 Page 7 of 12
File 2020-068
1 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key.No
2 affordable housing allocation may be used on No Name Key.
3 (d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling
4 unit unless such dwelling unit:
5 (1)Has a dwelling unit allocation award; or
6 (2)Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed
7 vested pursuant to Section 138-22.
8 c Workforce lnitiatiye allocation awards elf jbilit)° and requirements.
9 1 Pursuant to Policies 10[.3.2 101.3.3 and 101.3.12, Monroe County establishes a new
10 allocation cat ory to award 300 workforce housing, early evacuation unit building permil
11 allocations pursuant to the Workforce-Aflordasble llousing lnitiativc (Workforce lnitiativc .
12 The Workforce-Aflbrdable Housing initiative will require dwelling units c:ortstructcd and/ or
13 deed restricted with workforce liousing carly evacuation building permit allocations_ to
14 evacuate occupants in Phase i ofthc 48-hr evacuation of a pending, major hurricane.
15 2 Dwelling, units developed and/or deed restricted utilicin J the worklorce initiative
16 alloca ons are subject to the 661lo�ing:
17 a. R C(I nests for workforce housings earl y cvacuation unit allocations shall be available onl
18 for a 1 for 1 exchan sc for affordable allocations/exemptions and require a reservation
19 via BOCC resolution. The BOCC may, st its discretion, place: conditions on an
20 rescrvation as it deems approopriale.The BOCC may,at its discretion,exchange existint.;
21 rescr�cd affordable iIIoc ttions for allocations under the Workforce Initiative to private
22 development and non profit sector partners willing, to meet the requirements of the
23 workforce housing early evacuation unit allocations. Further, the BOCC inLiy, att_its
24 discretion a p prove the excliange of existin , deed-restricted affordable housin = units
25 (lawful affordable exeniptions) at existing multifamily residential developments for
26 allocations under the Workforce Initiative to private development and nonprofit sector
27 partners willing to meet the requirements of the workforce housingearly evacuatiom
28 unit allocations.
29 1. The affordable allocations returned to the County in exchange for workforcc
30 housing emly evacualtian unit allocations shall be banked and usedJOr future
31 administrative relief. beneficial use determinations and to resolve inverse
32 condcmnation cases and Bert J. Harris_ Jr. Private I'ro pert y Ri skits Protection Act
33 cases.
34 2. To maintain consistency! with Rule 28-20.140(2)(b),_ F.A.0.. the affordable
35 allocations returncd to the Count y shall be maintained as atllbrdable allocations and
36 shall also be returned to the on 7ina1 aflordilble housing, income category ver
37 low/low/median 111eome vs._ltxxferale income pool).
38 3. The worklorce housing cadv evacuation unit allocations must be utilized based on
39 the ofigina] approved all6r(ible housing, income category or a lesser income
40 categorV.
41 4. Administrative reliefineans actions taken by the COLIMY srantin = the owner of'real
42 property- relief from the continued application of the Rate of Growth Ordirrtnce
43 ROGO) ,restrictions provided the ni et the criteria established in the
44 Comprehensive Plan and land Development Code.
45 5. 13e1016al use means the use of ro yeny that allows an owner to derive a benefit
46 or profit in the exercise of,l basic property right. For the purpose of this policy.
Ordinance Into. 006-202t Page 8 of 12
File 2020-068
1 beneficial use sliall mean the mininium use of the ro erty necessary to avoid the
2 fii7din,, of'a regulatory taking under current land use case law.
3 b. 'I-he construction of d we]Iin=units. the red eve lo ment or the deed restriction of existin =
4 dwelling units utilizing workborce housing early evacuation unit allocations shall
5 require approval of a resolution approvitjg a contract between the BOCC and the
6 applicant to officially exchange the allocations and confirm compliance X�ith the
7 requirements Workforce InrtlatlV e.
8 c. All Nvorkforce housing early evacuation units require a (Ieed-restriction ensuring:
9 1. Before any building permit may be issued for any structure, portion or phase of a
10 project subject to the Workforce Initiative. a restrictive covenant shall be approved
11 by the Planning Director and County Attorney and recorded in the C)fiice of the
12 Clerk offhc Count y to ensure comp I iance with the rovision of'this section running,
13 in favor of the County and enforceable by the County and if' applicable. a
14 artici.alin,= 117unici alit •. The folloNvin = requirements shall apply to these
15 restrictive covenants:
16 1. The covenants for any workforce housing early evacuation units shall be
17 effective For 99 years.
18 i1. The covenants shall not commence running until a certificate of'nccu pancv
19 has been issued by, the Building Official for the dwelling unit or dwelling
20 units to which the covenant or covenants apply.
21 iii. For existing dwelling units that are deed-restricted as workforce_housinu
22 early evacuation units. the covenants shall apnunel7ce running 111)011
23 recordation in the C7fiicial Records of Monroe County.
24 2. The covenants shall rec uire that the workforce housing early evacuation units to be
25 restricted to rental occupancy for t[lose_who derive at least 70`:'0 of their inconle as
26 members of the workforce in Monroe County and who meet the affordable 17ol1Sinu
27 income carte=pries of the Monroe County Land Development Code.The occupants
28 are required to annuaIIy verify their employment and income: eligibility.
29 3.The coven ants.shaII require occupants to evacuate in_Phase 1 ol'the 48-Ili-evacuation
30 of a pending major hurricane. Persons living in the workforce houslll"; early
31 evacuation units who may be exempted from evacuation requirements are limited
32 to law enforcement_ correctional and fire personnel,_health care personnel, and
33 public emLlgyges xvith erner icicy management.responsibilities. If' there is an
34 nccu pant that indicates their em plo ymeat is con sidered a `first-res ponder posIt1on'
35 and not included in the list of exen7 [ions above then the Planning Director shall
36 determine, in writing,, whether the person may be exempted_ because of a
37 requireme�7t to ren7au7 during an emergency.. _p An cla g,imin excl?7ption
38 under this provision Shall submit of all affidavit of qualification and faitl7full ;
39 ccrtily their status with the onsite pprrco petty management.
40 4. The covenants shall require rental agreements which contain a se crate disclosure
41 requiring rental occupants to acknowledge the existing restrictive covenant on the
42 unit requiring actuation in Please 1 of the 48-hr evacuation and that failure: to
43 adhere to the Phase l evacuation requirement could_result in severe penalties.
44 including,eviction, to the occupant.
45 5. The covenants shall require onsite property managers and a separate employment
46 disclosure requiring the maintenance of training in evacuation rocedures and an
Ordinance No. 006-2021 Page 9 of 12
File 2020-068
1 acknowledgement tliat_failure to adhere to the Phase l evacuation requirement
2 could result in severe pem[ties including termination.
3 d. Worklorce housing early evacuation units shall be restrlcled to rental occupancy,
4 those who derive at least 700,0 oftheir income as members ofthe workforce in Monroe
5 County and �0io meet the affordable housing income c:a.teggges of the Monroe County
6 Land Devclo]ment Code. Workfbrce means individuals or families evho are gainfully
7 en7p loyed supplying goods anchor services to Monroe County residents or visitors.
8 e. Wol'kl[i]-Ce 11oil15i11g early evacuation units sliali require onsile property management
9 with property 111aliLlgers trained in evactiallon P1,L?cedures and required to manage the
10 evacuation of tenants in Phase I of all evacuation. ❑ul•ilt = tradiliol]al �N,orking hours.
11 the property manager must he at an office wilhin the workforce_l7ousin,1.,1 early
12 evacuation unit development subject property. Outside die traditional working hours.
13 the ro erty manager must be available at all times to res one[ to evacuation orders.
14 f. The property mana 7elnent entity-for the worklbrce housing early evacuation units sliall
15 he required to annually verif�llle employment and income eligibility of tenants; report
16 the total units oil the site, the occupancy rates of unils, and tenant compliance with the
17 requirement to evacuate the units in Phase I of an evacuation, including ll7e number cif
18 occupants that are exempt From the evacuation requirements. The ro pert
19 1]7anag.ement enllty must subinit a report to the Planning and Environmental Resources
20 Department by May 1 of each year. Further, each lease and this annual report_shall he
21 kept by the property manager and he available for. ir7spection-b.the County during
22 traditional ��,orking hours. --
23 g. Workforce 110usi11g early-evacuation units shall he located kN,ithin an area designal_ed_as
24 Tier III.
25 1]. Workforce housing early evacuation units shall not be located in the V-Zone or within
26 a Coastal Barrier Resource System (CBRS).
27 1. Workforce housing earl evacuation units shall be located on a properly � hich has all
28 3n1rastructu3-e available (potablc \Pater, adequate wastewater treatment and disposal
29 waste«aler mecting adopted LOS. pak,ed roads, etc.).
30 i. All workforce housing carly evacuation units must demonstrate compliance with all
31 applicable federal standards for accessibility fair persons with disabilities (ADA
32 Compliance).
33 k. To the greatest extent practicable, it dcvclopnlent utilizing vvorl~force..11olusin" early
34 evacuation unit allocations shell incorporate sustainable and resilient design principles
35 into the overall site design and he accessible to employment center's 111 Key West, Stock
36 Island and Marathon.
37
38
39 Section 3. Construction and Interpretation. This Ordinance is necessary for the health,
40 safety, and welfare of the residents of and visitors to the County.This Ordinance shall be liberally
41 construed to effect the public purpose(s)hereof. Interpretation of this Ordinance shall be construed
42 in favor of the Monroe County Board of County Commissioners ("Monroe County" or the
43 "County"), and such construction or interpretation shall be entitled to great weight in adversarial
44 administrative proceedings, at trial,in bankruptcy,and on appeal.
45
Ordinance No. 006-2021 Page lU of 12
File 2020-068
1 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
2 If any provision of this Ordinance,or any portion thereof, is held to be invalid or unenforceable in
3 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
4 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
5 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
6 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
7 continue unimpaired in full force and effect.
8
9 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
10 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an
11 ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance
12 which has been repealed thereby.
13
14 Section 6. Transmittal. This Ordinance shall be transmitted to the Florida State Land
15 Planning Agency as required by Florida Statute § 380.05(11)and Florida Statute § 3 80.05 52(9).
16
17 Section 7. Filins. This Ordinance shall be filed in the Office of the Secretary of the State
18 of Florida but shall not become effective until a final order is issued, according to Florida Statute
19 § 380.05(6),by the Florida State Land Planning Agency or Administration Commission approving
20 the Ordinance, and if the final order is challenged, until the challenge to the final order is resolved
21 pursuant to Chapter 120, Florida Statutes.
22
23 Section 8.Inclusion in the Monroe County Code.The provisions of this Ordinance shall
24 be included and incorporated in the Monroe County Code, as an addition to amendment thereto,
25 and shall be appropriately renumbered to conform to the uniform marking system of the Code.
26
27 Section 9. Effective Date. This Ordinance shall become as provided by law and stated
28 above.
29
30 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
31 Florida, at a regular meeting held on the 21'`day of April 2021.
32
33 Mayor Michelle Coldiron Yes
34 Mayor Pro Tern David Rice Yes
35 Commissioner Craig Cates Yes
36 Commissioner Eddie Martinez Yes
37 Commissioner Mike Forster Yes
38
39
40
41 BOARD OF COLiNT IONERS
42 OF MONR�E 5T
FLOI r
43
44 BY:
45 MAYOR MICHELLE COLDIRON
46
Ordinance No. 006-2021 Page 11 of 12
File 2020-068
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MONROE CO-UWTY ATTORNEY
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4zztJ ` AsSSTANT COUP ATTOnNEY
5 AS DEPUTY CLERK Date: 4.5,21
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Ordinance No,m@2021 Page QyG
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WAg sQksys--.—
MONROE CO PLANNING DEPT
MLIRRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket:385635
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal.text]
Before the undersigned authority personally appeared
f who on oath Ws that he or she is
1
E of the Key West Citizen,a daily
newspaper publishei6l in V4b1VAM 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
Aff9ant fv Fr says that the Key Wrest 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,in said
Monroe County,Florida,far a period of t year next pnscading the first publication
of the attached of advertisement;and aftnt further says that he or she has
net id nor ny person,firm or oorporatlon any discount,rebate,
n or re rtd far purpose of securing this advertisement for publics-
in
c Of
ANC
&Nnne)
ma this IOth dey of April 2021
(Notary Seal)
My commission expires
Personally Known_Z_ Produced Identification
Type of Identification Produced
dr Notary Put>A1C State o1 Flonoa
M1aty n n;ssk
My Comrn,ssrol },i G44532
Or �xplres 83125720.?3
MONROECOPL 39 18%3 5 I.W i 4/1W21 1:27 PM
MONROE COUNTY BOAR66F
COUNTY COMMISSIONERS
NOTICE OF PUBLIC:MEETING AND
NOTICE OF PUBUC'HEARING
NOTICE OF CHANGE TO THE MONROE
COUNTY COMPREHENSIVE' PLAN
NOTICE OF CHANGE TO THE MONROE
COUNTY LAND DEVELOPMENT CODE
April 21, 2021
NOTICE R#10111BY O1fIEN mat on Mhdnm&%APr -Its,1a M"Waaro."0*f wd of
Commiselonara wm hold afl1c lY and ft.l,vpksft at OMAM.The WM P"ro wtti be a hytxld format
with the County Corm*mlan membem meth 11m in Maralhm whits1ha Mgft"be able to poWpate via
Zoom Wtabi w.Ttw*Mow**Items wN be oansk*ed at a PUBIX 91270
PUBM HEARINGS:UN PM(or ve soon toreafter as may bs hawo:
ADOPTING
AMENDMENTS TO THE MONROE COUNTY 203o COMPREHENSIVE PLAN AMENDING THE FUTURE LAND
USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH A NEW BUILDING PERMIT ALLOCATION
CATEGORY TO ACCEPT AND AWARD 300 WORKFORCE HOUSING EAfLY EVACUATION UNIT BUILDING
PEWIT ALLOCATIONS PURSUANT TO THE WORKFORCE-AFFOFK ABLE HOUSING INITIATIVE
[WORKFORCE INITIATIVE]AUTHORIZED BY THE FLORIDA ADM"STRATION COMMISSION AND THE
FLORIDA DEPARTMENT ECONOMIC OPPORTUWrY BY AMENDING AS WELT.AS CLARIFYING POLICIES
101.2.2, 101-2.4, 101.3.1, 101.3.2.lb1.3.3, 101.14, 101.3.10.101.3,11,001.1,801.11,em.1.2,1T01.1.8,
BD1.1,11,601.5.1 AND CREATING NEW POLICY 101.3.12 TO ESTABLISH THE sPBCIFIC WORKFORCE
INITIATIVE RSQUIREME NTS:PROVIDING FOR BEVERABILITY,PROVW4 FOR F04LAL OF�
PROVISIONS; PROWDIAIG FOR TRIINSMIITAL TO THE STATE LAND.P AWANO•I�ICY.AF10 THE
SECRETARY OF STATE:PROVIDING FOR WWS40N IN THE MONROE COO NTY DIVE FLAN'.
PROVIDING FOR AN EFFECTIVE DATE. (FILE 202O-W7)
AOOPnNo
AMENDMENTS TOTHE MONROE.COUNTY LAND DEVELOPMENTCODEAMENDNIGTW 188-24.
RESIDENTIAL ROG0 ALLOCATIONS;TO E87M LOH A NEW BUILDWQ P5VAf;ALLflQATI0NbAr5ell0W
TO AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT 6U4gM PW#&Ai t-OCiATIONB
PURSUANT TO THE WORKFORCF-AFFORDABLE HOUSING VM%TM WDWFOAOE Nl4MATM
AUTHORIZED BY THE FLORIDA ADMINISTRATION COMMISSION AND THE FLOit D&MWA C VWr
ECONOMIC OPPORTUNITY AND TO ESTABLISH THE SPKM WORKFORCE 1NIT{ATIitEfdbL iM,
PROVIDING FOR SEVERASILfTY;PROVIDING FOR REPEAL OP 06NFLSMM PROVOON$; G
FOR TRANStupTTALTOTHE STATE LAND PLANmNGAauICYANDTHE�ETARY OFt3TATE:�G
FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
PRONbiNG FOR AN EFFECTIVE DATE, (FILE 2020-0BB)
Please►deft to Mom"Cow*lllaifellr at 1af msstfnp&sends u &*-and
krtormatipn-g=4kry tha"emn plforra arraN1,1 to fha W)06 iq blew 1M Yw meadnp andfer to
make public emavrsafa on cart Ilm Norms.
Pursuant to Section 288.0105 Rwft smaeb%p a p6raon Gi COW to*rw any declslan of a+e Board of
County Corrmisaloners,with ras d to 4Wma4ter consiobredat the ntai"orhe ft,he prshe wkl:rreed a
record of the pr000"A a,and Abet.for such purpose,he or she nmy need to ona sv a verbatim rK*d of the
praeeeOngs is made.whth record hxAtabs she taattmway A oWdenoe Loon whfoh Ow 4opeal is to be bwged
ADA ASSISTANCE.it you mrv,a person wflh a dbobft who needs special ac oommodaArana to ordi.r
to Parma b,fhb proveadi/ii P"oontaer tilts Cate W AdrAWPkwue's Off-%by phonMg on
202-4441,betwmm the hours a1 tM a.m.-ti.-00 p.m.,no later b*mwr live(5)cafutdar days prior to bbe
ached&ad me oft N you am haoft or vole knpakv4 cuff Tt t.'
Apr$S.2021 K"Won Gftw
cauar
Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
April 30, 2021
Department of State
Adnllnistrative Code& Register
500 S Bronougli Street
Tallahassee FL 32399-0250
To VVlnom It.May Concern,
At.taclied is an electronic copy of Ordinance No. 006-2021 adopting amendments to tlne
Monroe County 1Jand Development Code annending die Section 138-24, Residential ROGO
Allocations, to establish a new building permit allocation category to award 300 workforce liousing
early evacuation unit building permit allocations pursuant l.o tlne Workforce-Allordable Housing
Initiative (Workforce Initiative) authorized by the Florida Administration Commission and the
Florida Department Economic Opportunity and to establish the specific workforce initiative
requirements;providing for sererability; providing for repeal of conflicting provisions; providing
for transmittal to die State Iand Planning Agency and the Secretary of State; providing for
amendment to and incorlx)ration in [lie Monroe County Land Development Code; providing for
dive date. (File No. 2020-068)
'11us Ordinance was adopted by tine Monroe County Board of County Commissioners at a
regular meeting, held in formal session,on April 21, 2021. Should you have any questions please
feel free to contact me at (30.5) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of'
the Circuit Court& Comptroller&
ex-officio to die Monroe County
Board of County Commissioners
by:Pxnela G. HanvrxA, 1).C:
cc: Planning& Isnvironnnental
County Altorney
BO 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
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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. 006-2021, 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
Final Order No. DEO-21-029
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 006-2021
4yr �
L�
FINAL ORDER `�
APPROVING MONROE COUNTY ORDINANCE NO. 006-2021
The Department of Economic Opportunity ("Department") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 006-2021 (the"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on April 21, 2021 and rendered to
the Department on May 24, 2021.
3. The Ordinance amends the Monroe County Land Development Code(the"Code")
by adding the subsection "Workforce Initiative allocation awards, eligibility and requirements"to
Section 138-24, "Residential ROG❑ Allocations." The Ordinance establishes a new allocation
category consisting of 300 workforce housing early evacuation unit building permit allocations
pursuant to the Workforce-Affordable Housing Initiative("Workforce Initiative"). The Ordinance
also establishes specific requirements for the eligibility and awarding of the Workforce Initiative
allocations.
CONCLUSIONS OF LAW
1
Final Order No. DEO-21-029
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(l), Florida Statutes, and specifically, with Policies
101.2.2, 101.3.2, and 101.3.12.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Fla Stat. The Principles for Guiding Development for the Florida
Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through
sound economic development.
(1) Making available adequate affordable housing for all sectors of the population
of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and
welfare in the event of a natural or manmade disaster and for a postdisaster
reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
2
Final Order No. DEO-21-029
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 006-2021 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
r
mes D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
3
Final Order No. DEO-21-029
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC ❑PPORTUNITY WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN
THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS
RECEIVE❑ BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@D EO.MYFLORI DA.COM
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU D❑ NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-105.201(2), AND 28-106.30I, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIE❑ THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. DEO-21-029
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this 2 3 day of �U , 2021.
A ency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Michelle Coldiron, Mayor
Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
5
j�
BUSINESS IMPACT ESTIMATE'
Meeting Date: July 15,2026
Proposed Ordinance Title/Reference: Ordinance Adopting Amendments to Monroe Count
Land Development Code Section 138-24 (Residential ROGO Allocations) to Modify the
Requirements Related to the 300 Keys Affordable Workforce Housing Initiative Early Evacuation
Unit Building Permit Allocations Created by the Governor of Florida, Attorney General o
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 Ber
Harris Act Liability Reduction Exchange Requirement.
The Proposed Ordinance ❑ does ® does not fall under one of the following enumerated
exceptions:2
❑ 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 Land Development Code Section 138-24 (Residential
ROGO Allocations) to Modify the 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.
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.
2 F.S.125.66(3)(c)(2025)
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.