HomeMy WebLinkAboutItem U05 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District z
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District 1
James K. Scholl,District 3
- Holly Merrill Rasebein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: U5
26-32284
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING:
A Public Hearing to Consider Approval of a Resolution Transmitting an Ordinance Amending the
Monroe County Comprehensive Plan to Create a New ROGO Allocation Category for Market Rate
Workforce Housing and Associated Definitions; Creating a New Type of ROGO Allocation;
Amending the Goals, Objectives, and Policies Related to the Redistribution of ROGO Allocations as
It Relates to Annual Rate and Percentages and/or Numbers Assigned to Designated Categories; and
the Acceptance of Up to 657 ROGO Allocations as Established through Chapter 2025-190, Laws of
Florida; and Amending the Monroe County Comprehensive Plan Glossary and Comprehensive Plan
Policy 2.2.5, Objective 101.2, Policy 101.2.1, Policy 101.2.2, Policy 101.2.3, Policy 101.2.4,
Objective 101.3, Policy 101.3.1, Policy 101.3.2, Policy 101.3.3, Policy 101.3.4, Policy 101.3.5, Policy
101.3.10, Policy 101.3.11, Policy 101.3.12, Policy 101.7.1, Policy 102.4.3, Objective 105.2, Policy
601.1.8, and Policy 1301.7.1.
ITEM BACKGROUND:
The Monroe County Planning and Environmental Resources Department, consistent with the Board of
County Commissioners' (BOCC) direction at its December 19, 2024,public meeting, and most
recently discussed again during its October 15, 2025,public meeting, is presenting text amendments
to the Monroe County Comprehensive Plan that regarding the Rate of Growth Ordinance (ROGO)
Allocation System; specifically, new ROGO allocations that were newly created by the State of
Florida pursuant to Section 22. of Chapter 2025-190, Laws of Florida (L.O.F.).
The proposed text amends the Comprehensive Plan Glossary, Future Land Use Element, Housing
Element, and Intergovernmental Coordination Element to symmetrically create a new residential
ROGO category for Market Rate Workforce Housing, to correspondingly revise definitions, and
accept allocations that the State of Florida created pursuant to Section 22. of Chapter 2025-190,
L.O.F., within the 24.5-hour evacuation timeframe [Fla. Stat. Section 380.0552(9)(a)(2.)], consistent
with direction from the Administration Commission on December 17, 2025, to modify purchase offers
related to administrative relief, and to remove the prohibition of affordable ROGOs within the V-zone.
Background Information
Florida Statutes ("F.S.") Section 380.0552, which protects and designates the Florida Keys Area of
Critical State Concern (ACSC) as an ACSC, memorializes the State of Florida's established intent to
"ensure that the population of the Florida Keys can be safely evacuated," [Section 380.0552(2)(j),F.S.]
and requires that amendments to each local government's comprehensive plan include "goals,
objectives, and policies to protect public safety and welfare in the event of a natural disaster by
maintaining a hurricane evacuation clearance time for permanent residents of no more than 24.5 hours.
The hurricane evacuation clearance time shall be determined by a hurricane evacuation study conducted
in accordance with a professionally accepted methodology and approved by the state land planning
agency" [Section 380.0552(9)(a)(2), F.S.].
In order to accomplish the hurricane evacuation requirements by the State,the County adopted a Permit
Allocation System known as the Rate of Growth Ordinance (ROGO).
The Rate of Growth Ordinance(ROGO)was implemented to secure and protect the safety of the Florida
Keys' residents and visitors against major hurricanes and to protect the Florida Keys' natural and
environmental resources of statewide significance.
The County originally reduced the annual permitting rate from approximately 500+ units per year to
255 units per year. Later, the State adjusted the annual allocation (see R. 28-20, Fla. Admin. Code
(F.A.C.)]to 197 units per year.Each year's ROGO allocation of 197 new units was split with a minimum
of 71 units allocated for affordable housing and market rate allocations cannot exceed 126 new
residential units per year.
When the County's new ROGO year begins on July 13, 2026, the County will no longer have any
existing ROGO allocations remaining. During the 2025 Florida Legislative Session, Chapter 2025-190,
L.O.F., (a.k.a., Senate Bill 180) was passed. There were three changes within the legislation that
influence the path forward for the 2026/2027 ROGO year:
1. The first is a change to Fla. Stat. Section 380.0552(9)(a)(2.), which extends the hurricane
evacuation time from 24 to 24.5 hours.
2. Secondly, Section 28., Chapter (Ch.) 2025-190, L.O.F., states that each county listed in the
Federal Disaster Declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR-4828), or
Hurricane Milton (DR-4834), and each municipality within one of those counties may not
propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land
development regulations. Monroe County was listed in the Federal Disaster Declaration for
Hurricanes Helene and Milton.
3. Finally, Section 22., Ch. 2025-190, L.O.F., requires the following:
o FloridaCommerce to conduct baseline modeling scenarios and gather data in
order to determine a number of building permit allocations to be distributed in
the Florida Keys Area based upon the hurricane evacuation clearance time
provided in Section 380.0552(9)(a)(2.), F.S. (24.5 hours).
o The permit allocations must be distributed to counties and municipalities based
on the number of vacant buildable lots within each jurisdiction.
o The permit allocations must be distributed over a period of at least 10 years but
may not exceed 900 total permit allocations.
o All permits must be issued for vacant,buildable parcels, of which only one may
be awarded for any individual parcel, and the distribution of which must
prioritize allocations for owner-occupied residences, affordable housing, and
workforce housing.
On December 17, 2025, the Florida Cabinet, sitting as the Administration Commission, met to accept
FloridaCommerce's recommendation related to the distribution of building permit allocations to Key
West and the Florida Keys Area of Critical State Concern, pursuant to Section 22, Chapter 2025-190,
L.O.F., and based on the updated hurricane evacuation modelling performed by FloridaCommerce.
The Administration Commission specified the County's portion of the 900 allocations would be 657
allocations. The distribution for the County and the municipalities is as follows:
Islamorada-------------------- 72
Key West--------------------- 36
Marathon-------------------- 135
Monroe County------------ 657
Total-------------------------900
The Administration Commission accepted the additional recommendations from FloridaCommerce
(Department)related to the timing of the distribution of the 900 allocations (See AGENDA; Florida
Department of Commerce, Attached as Exhibit 2):
"The Department also recommends that, consistent with the requirement set forth in Section 22,
Chapter 2025-190, Laws of Florida, that allocations be distributed over a ten-year period; that the
first 300 allocations be made available beginning January 1, 2026; and that 150 of the remaining 600
be released every two years from January 1, 2028, through January 1, 2035."
The result for Monroe County, is the pro rata share (657) of the 900 allocations over a 10-year period
as follows:
219 units between 1/1/2026 and 12/31/2027
109.5 units between l/l/2028 and 12/31/2030
109.5 units between l/1/2031 and 12/31/2032
109.5 units between l/l/2033 and 12/31/2034
109.5 units between 1/1/2035 and 12/31/2036
In consideration of the most operative method to distribute these 657 new ROGO Allocations, the
BOCC provided direction to professional staff to develop a new type of allocation pool, Market Rate
Workforce, and to provide for an annual allocation rate of 40 per year.
During a February 5, 2026, meeting with FloridaCommerce, Monroe County professional staff
presented the County's proposed distribution schedule for the 657 additional ROGO allocations at a
rate of 40 allocations per year, which would equate to approximately 16 years of allocations. This
would provide the County with the longest time to focus on acquiring land to retire development
rights, consistent with Section 22, Chapter. 2025-190, L.O.F. Based on feedback received from
Florida Commerce and the Executive Office of the Governor, professional staff had revised the
distribution table to reflect a 10-year allocation schedule that is consistent with the Administration
Commission's direction regarding the schedule and distribution of allocations, as reflected in
Attachment 2.
Due to the time needed to process the Comprehensive Plan and Code amendments to accept the
allocations, the first tranche of allocations, and possibly some of the 2nd year tranche may become
available"Year 2 or Year 3." This will result in a very large number of Market Rate Workforce units
becoming available at once. For that reason, this amendment is proposed to also allow Market Rate
Workforce units to be reserved by resolution (similar to how we reserve the affordable
allocations). The Governor's staff offered no objections when the reservation concept was proposed
during the February 5, 2026, meeting.
Please refer to the attached Professional Staff Report for the proposed text associated with this
Comprehensive Plan Amendment.
The proposed Comprehensive Plan Amendment includes the following notable changes:
1. Creation of Market Rate Workforce Housing ROGO category
2. Adopts the statutory maximum hurricane evacuation clearance time of 24.5 hours pursuant to
380.0552(9), F.S and Chapter 2025-190, L.O.F.
3. Adopts the following requirements pertaining to the 657 ROGO Allocations, consistent with
380.0552(9), F.S and Chapter 2025-190, L.O.F.
• The permit allocations must be distributed to counties and municipalities based on the
number of vacant buildable lots within each jurisdiction; and
• The permit allocations must be distributed over a period of at least 10 years but may not
exceed 900 total permit allocations; and
• All permits must be issued for vacant, buildable parcels, of which only one may be
awarded for any individual parcel; and
• The distribution of which must prioritize allocations for owner-occupied residences,
affordable housing, and workforce housing.
4. Establishes annual distribution schedule for the 657 ROGO allocations consistent with Florida
Administration Commission's requirements.
5. Provides for the ability of the BOCC to reserve by resolution some or all of the available market
rate workforce allocations for county-sponsored or coordinated programs and/or to be
distributed at a later date with the approval of the BOCC.
6. Provides the ability for the County to purchase property for an amount greater than fair market
value (as determined by the County's appraisal) in consideration of the added expense the
owners have invested in time, design, permitting, and carrying costs.
PREVIOUS RELEVANT BOCC ACTION:
On April 13, 2016, the BOCC adopted the Year 2030 Comprehensive Plan and Land Development
Code, which included a ROGO allocation distribution through the year 2023, based on R. 28-20.140,
Fla. Admin. Code, and the State of Florida- Department of Economic Opportunity's (DEO)
completion of the hurricane evacuation clearance time modeling task that found with 10 years' worth
of building permits, the Florida Keys would be at a 24-hour evacuation clearance time (Phase 2 of the
48-hour phased/staged evacuation).
On January 22, 2020, the BOCC adopted Ordinance No. 005-2020 to extend the remaining market
rate ROGOs for an additional three (3) years from 2023 to 2026.
On February 19, 2020, the BOCC discussed whether to direct professional staff to process a
comprehensive plan and land development code amendment to: 1) Move a portion of the 378
remaining Market Rate - Rate of Growth Ordinance (ROGO) units through 2026 to the Affordable
Housing allocation pool and/or 2) Accept the 300 Workforce Housing units offered by DEO required
to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the potential
shifting of market rate allocations to the affordable housing pool but did direct professional staff to
start the process to accept the 300 workforce housing units.
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 Ordinance includes provisions that allow the returned affordable units/allocations
to be banked to resolve potential takings cases.
At the September 11, 2024, BOCC meeting, the BOCC 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 early evacuation unit building permit allocations.
At the December 11, 2024, BOCC meeting, the BOCC adopted Ordinance 030-2024 which created a
site-specific subarea within Tavernier that permits Cemex Construction Materials Florida LLC (f/k/a
Singletary Concrete Products Inc.) to use 86 early evacuation unit building permit allocations on one
site in Tavernier without meeting the requirement of the 1-for-1 takings and Bert Harris Act liability
reduction exchange required by the current Comprehensive Plan and Land Development Code.
At the April 16, 2025, BOCC meeting, the BOCC adopted Resolution No. 168-2025 to transmit a
proposed text amendment to FloridaCommerce to modify policies related to the 300 affordable
workforce early evacuation units to eliminate the 1-for-1 exchange for the remaining 300 workforce
affordable housing early evacuation unit building permit allocations.
On August 20, 2025, the BOCC adopted Ordinance No. 018-2025 and Ordinance No. 019-2025,
which were to amend the County's Comprehensive Plan and Land Development Code to modify the
requirements related to the remainder of the County's 300 early evacuation unit building permit
allocations. The amendments were to remove the existing 1-for-1 exchange requirement and allow
direct distribution of the allocations for development of affordable workforce housing. On November
412025, FloridaCommerce provided a letter which alleged that Monroe County Ordinance No. 018-
2025 is "more restrictive or burdensome making it null and void ab initio pursuant to Section 28 of
Chapter 2025-190, L.O.F."
Professional staff are currently processing amendments to the Comprehensive Plan(Department File
No. 2025-220) and Land Development Code (Department File No. 2025-221) without acceding or
conceding to the legal sufficiency or correctness of FloridaCommerce's letter regarding Ordinance
No. 018-2025, however, said amendments are understood to address the language that
FloridaCommerce staff raised the allegation as being in conflict with the provisions in Section 28 of
Chapter 2025-190, L.O.F.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES: N/A
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PROFESSIONAL STAFF RECOMMENDATION:
Professional staff recommends approval of the proposed Comprehensive Plan amendments.
DOCUMENTATION:
Staff Report
Transmittal Resolution
Draft Ordinance
December 17, 2025, Florida.Cabinet Agenda Item
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: No If yes, amount:
Grant: No
County Match:
/0
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: June 22, 2026
18
19 Subject: A Public Hearing to Consider Approval of a Resolution Transmitting an Ordinance
20 Amending the Monroe County Comprehensive Plan to Create a New ROGO Allocation
21 Category for Market Rate Workforce Housing and Associated Definitions; Creating a
22 New Type of ROGO Allocation; Amending the Goals, Objectives, and Policies Related
23 to the Redistribution of ROGO Allocations As It Relates to Annual Rate and Percentages
24 and/or Numbers Assigned to Designated Categories; and the Acceptance of Up to 657
25 ROGO Allocations as Established through Chapter 2025-190, Laws of Florida; and
26 Amending the Monroe County Comprehensive Plan Glossary and Comprehensive Plan
27 Policy 2.2.5, Objective 101.2, Policy 101.2.1, Policy 101.2.2, Policy 101.2.3, Policy
28 101.2.4, Objective 101.3, Policy 101.3.1,Policy 101.3.2, Policy 101.3.3,Policy 101.3.4,
29 Policy 101.3.5,Policy 101.3.10,Policy 101.3.11,Policy 101.3.12,Policy 101.7.1,Policy
30 102.4.3, Objective 105.2, Policy 601.1.8, and Policy 1301.7.1.3
31
32 Meeting: July 15, 2026
33
34 I. REQUEST
35
36 As directed by the BOCC, originally at their December 19, 2024, regular meeting, and most recently
37 discussed again during their October 15,2025,Regular Meeting,Planning and Environmental Resources
38 staff are presenting text amendments to the 2030 Comprehensive Plan pertaining to the Rate of Growth
39 Ordinance (ROGO) allocation System.
40
41 The proposed text amends the Glossary, the Future Land Use, Housing, and Intergovernmental
42 Coordination Elements of the 2030 Monroe County Comprehensive Plan to establish a new residential
43 ROGO category for Market Rate Workforce Housing, amend definitions, accept the ROGO allocations,
44 as provided in Chapter 2025-190,Laws of Florida(L.O.F.), Section 22.,within the 24.5-hour evacuation
45 timeframe (Sec. 380.0552(9)(a)2., Florida Statutes, [F.S.]), consistent with direction from the
1 American Institute of Certified Planners (A.T.C.P.)—Certification.
'Association of State Floodplain Managers (A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
3 Monroe County Planning and Environmental Resources Department File No.2025-017.
BOCC 07.15.2026 Page 1 of 30
File 2025-017
I Administration Commission on December 17, 2025, modify purchase offers related to administrative
2 relief, and removes the prohibition of affordable ROGOs within the V-zone.
3
4 Consistent with the Chapter 2025-190, L.O.F., Section 22, Monroe County intends to prioritize
5 allocations for owner-occupied and workforce housing through the creation of a new allocation category:
6 Market Rate Workforce Housing.
7
8 Market rate workforce housing means dwelling units for those who derive at least 70 percent of
9 their income as members of the workforce in Monroe County. Workforce means individuals or
10 families who are gainfully employed supplying goods and/or services to Monroe County
11 residents or visitors. Market rate workforce housing shall be interchangeable with the terms
12 detached or attached dwellings, or commercial apartments included in the land use districts and
13 shall be a permitted use in all land use districts where detached dwelling, attached dwellings, or
14 commercial apartments currently are included as a permitted use. An applicant choosing to
15 develop market-rate workforce housing shall be subject to a deed restriction limiting occupancy
16 to members of the workforce for a period of 99 years and shall comply with all other requirements
17 included in the Land Development Code, including but not limited to, density, parking,
18 butferyards, and access.
19
20 Although the term "workforce housing" is defined within Florida Statute in Section 420.5095 -
21 Community Workforce Housing Innovation Pilot Program; and the term"affordable workforce housing"
22 is defined in Section 380.0651 —Statewide guidelines, standards, and exemptions [for Developments of
23 Regional Impact], these existing statutory definitions are limited in applicability to their individual
24 sections/programs.
25
26 F.S. 420.5095(3)(a):
27 (3)For purposes of this section, the term:
28 (a) "Workforce housing" means housing affordable to natural persons or families whose total
29 annual household income does not exceed 140 percent of the area median income, adjusted for
30 household size, or 150 percent of area median income, adjusted for household size, in areas of
31 critical state concern designated under s. 380.05, for which the Legislature has declared its intent
32 to provide affordable housing, and areas that were designated as areas of critical state concern
33 for at least 20 consecutive years prior to removal of the designation.
34
35 F.S. 380.0651(h):
36 (h) Workforce housing.—The applicable guidelines for residential development and the
37 residential component for multiuse development shall be increased by 50 percent where the
38 developer demonstrates that at least 15 percent of the total residential dwelling units authorized
39 within the development of regional impact will be dedicated to affordable workforce housing,
40 subject to a recorded land use restriction that shall be for a period of not less than 20 years and
41 that includes resale provisions to ensure long-term affordability for income-eligible homeowners
42 and renters and provisions for the workforce housing to be commenced prior to the completion
43 of 50 percent of the market rate dwelling. For purposes of this paragraph, the term "affordable
44 workforce housing"means housing that is affordable to a person who earns less than 120 percent
45 of the area median income, or less than 140 percent of the area median income if located in a
46 county in which the median purchase price for a single-family existing home exceeds the
47 statewide median purchase price of a single-family existing home. For the purposes of this
48 paragraph, the term "statewide median purchase price of a single-family existing home" means
49 the statewide purchase price as determined in the Florida Sales Report, Single-Family Existing
BOCC 07.15.2026 Page 2 of 30
File 2025-017
I Homes, released each January by the Florida Association of Realtors and the University of
2 Florida Real Estate Research Center.
3
4 Monroe County's creation of a "market rate workforce housing" category addresses the specific needs
5 of the County's local workforce and is complementary to separate, existing provisions that incentivize
6 income restricted affordable workforce housing development.
7
8 II. BACKGROUND INFORMATION
9
10 Section 3 80.0552,F.S.,the Florida Keys Area protection and designation as area of critical state concern,
11 establishes the intent to "ensure that the population of the Florida Keys can be safely evacuated,"
12 (Section 380.0552(2)(j), F.S.) and requires that amendments to each local government's comprehensive
13 plan to include "goals, objectives, and policies to protect public safety and welfare in the event of a
14 natural disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more
15 than 24.5 hours. The hurricane evacuation clearance time shall be determined by a hurricane evacuation
16 study conducted in accordance with a professionally accepted methodology and approved by the state
17 land planning agency" (Section 380.0552(9)(a)2, F.S.).
18
19 In order to accomplish the hurricane evacuation requirements by the State, the County adopted a Permit
20 Allocation System known as the Rate of Growth Ordinance (ROGO).
21
ROGO adopted pursuant to Ordinance 016-1992, adopted June 23, 1992
The purpose of this Amendment is to implement goals, objectives and policies of the Florida
Keys' Comprehensive Plan related to protection of residents,visitors and property in the County
from natural disasters, specifically including hurricanes, by adopting a Dwelling Unit
Allocation Ordinance limiting annual residential development in Monroe County to an amount
and rate commensurate with the County's ability to maintain a reasonable 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 continuation of Monroe County's historic rate of growth, clearance time will continue 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 environmental degradation, and
potential land use conflicts.
22
23 The Rate of Growth Ordinance (ROGO) was implemented to provide for the safety of residents in the
24 event of a hurricane evacuation and to protect the significant natural resources of Monroe County, as
25 required by the State of Florida. The County originally reduced the annual permitting rate from
26 approximately 500+units per year to 255 units per year. Later, the State adjusted the annual allocation
27 (see Rule 28-20, Florida Administrative Code [F.A.C.]) to 197 units per year. Each year's ROGO
28 allocation of 197 new units was split with a minimum of 71 units allocated for affordable housing and
29 market rate allocations cannot exceed 126 new residential units per year.
30
31 When the County's new ROGO year begins on July 13,2026,the County will no longer have any ROGO
32 allocations remaining. During the 2025 Florida Legislative Session, Chapter 2025-190, L.O.F., (a.k.a.,
BOCC 07.15.2026 Page 3 of 30
File 2025-017
I Senate Bill 180) was passed. There were three changes within the legislation that influence the path
2 forward for the 2026/2027 ROGO year:
3 1. The first is a change to Section 380.0552(9)(a)2., F.S., which extends the hurricane evacuation
4 time from 24 to 24.5 hours.
5 2. Secondly, Section 28., Ch. 2025-190 LOF, states that each county listed in the Federal Disaster
6 Declaration for Hurricane Debby(DR-4806), Hurricane Helene(DR-4828), or Hurricane Milton
7 (DR-4834), and each municipality within one of those counties may not propose or adopt more
8 restrictive or burdensome amendments to its comprehensive plan or land development
9 regulations.4 Monroe County was listed in the Federal Disaster Declaration for Hurricanes
10 Helene and Milton.
11
12 3. Finally, Section 22., Ch. 2025-190 LOF, requires the following:
13
14 ■ FloridaCommerce to conduct baseline modeling scenarios and gather data in order
15 to determine a number of building permit allocations to be distributed in the Florida
16 Keys Area based upon the hurricane evacuation clearance time provided in Section
17 380.0552(9)(a)2., F.S. (24.5 hours).
18 0 The permit allocations must be distributed to counties and municipalities based on
19 the number of vacant buildable lots within each jurisdiction.
20 0 The permit allocations must be distributed over a period of at least 10 years but may
21 not exceed 900 total permit allocations.
22 0 All permits must be issued for vacant, buildable parcels, of which only one may be
23 awarded for any individual parcel, and the distribution of which must prioritize
24 allocations for owner-occupied residences, affordable housing, and workforce
25 housing.
26
27 On December 17, 2025, the Florida Cabinet, sitting as the Administration Commission, met to accept
28 FloridaCommerce's recommendation related to the distribution of building permit allocations to Key
29 West and the Florida Keys Area of Critical State Concern, pursuant to Section 22, Chapter 2025-190,
30 L.O.F., and based on the updated hurricane evacuation modelling performed by FloridaCommerce. The
31 Administration Commission specified the County's portion of the 900 allocations would be 657
32 allocations. The distribution for the County and the municipalities is as follows:
33
34 Islamorada-------------------72
35 Key West --------------------36
36 Marathon------------------- 135
37 Monroe County----------- 657
38 Total ----------------------- 900
39
Each county listed in the Federal Disaster Declaration for Hurricane Debby(DR-4806),Hurricane Helene(DR-4828),or
Hurricane Milton(DR-4834),and each municipality within one of those counties,may not propose or adopt any
moratorium on construction,reconstruction, or redevelopment of any property damaged by such hurricanes;propose or
adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations;or propose
or adopt more restrictive or burdensome procedures concerning review,approval,or issuance of a plan,development
permit,or development order,to the extent that those terms are defined by s. 163.3164,Florida Statutes,before October 1,
2027,and any such moratorium or restrictive or burdensome comprehensive plan amendment,land development
regulation,or procedure shall be null and void ab initio. This subsection applies retroactively to August 1,2024.
BOCC 07.15.2026 Page 4 of 30
File 2025-017
I The Administration Commission accepted the additional recommendations from FloridaCommerce
2 (Department) related to the timing of the distribution of the 900 allocations (See AGENDA; Florida
3 Department of Commerce, Attached as Exhibit 2):
4
5 "The Department also recommends that, consistent with the requirement set forth in section 22,
6 Chapter 2025-190, Laws of Florida, that allocations be distributed over a ten-year period; that
7 the first 300 allocations be made available beginning January 1, 2026; and that 150 of the
8 remaining 600 be released every two years from January 1, 2028, through January 1, 2035. "
9
10 The result for Monroe County, is the pro rata share (657) of the 900 allocations over a 10-year period as
11 follows:
12
13 • 219 units between l/l/2026 and 12/31/2027
14 • 109.5 units between 1/l/2028 and 12/31/2030
15 • 109.5 units between 1/l/2031 and 12/31/2032
16 • 109.5 units between 1/l/2033 and 12/31/2034
17 • 109.5 units between 1/1/2035 and 12/31/2035
18
19 In consideration of the most operative method to distribute these 657 new ROGO Allocations,the BOCC
20 provided direction to Staff to develop a new type of allocation pool,Market Rate Workforce,and provide
21 for an annual allocation rate of 40 per year.
22
23 During a February 5, 2026, meeting with FloridaCommerce, Monroe County staff presented the
24 County's proposed distribution schedule for the 657 additional ROGO allocations at a rate of 40
25 allocations per year, which would equate to approximately 16 years of allocations. This would provide
26 the County with the longest time to focus on acquiring land to retire development rights, consistent with
27 Section 22, Chapter. 2025-190, L.O.F. Based on feedback received from Florida Commerce and the
28 Executive Office of the Governor, staff had revised the distribution table to reflect a 10-year allocation
29 schedule that is consistent with the Administration Commission's direction regarding the schedule and
30 distribution of allocations, as reflected in Attachment 2.
31
32 Due to the time needed to process the Comprehensive Plan and Code amendments to accept the
33 allocations, the first tranche of allocations, and possibly some of the 2nd year tranche may become
34 available "Year 2 or Year I" This will result in a very large number of Market Rate Workforce units
35 becoming available at once. For that reason, this amendment is proposed to also allow Market Rate
36 Workforce units to be reserved by resolution(similar to how we reserve the affordable allocations). The
37 Governor's staff offered no objections when the reservation concept was proposed during the February
38 5, 2026, meeting.
39
40 Previous Relevant BOCC Action
41 On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
42 which included a ROGO allocation distribution through the year 2023,based on Rule 28-20.140,F.A.C.,
43 and the Department of Economic Opportunity's completion of the hurricane evacuation clearance time
44 modeling task that found with 10 years' worth of building permits, the Florida Keys would be at a 24
45 hour evacuation clearance time (Phase 2 of the 48-hr phased/staged evacuation).
46
47 On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
48 for an additional three (3)years from 2023 to 2026.
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File 2025-017
I On February 19, 2020, the BOCC discussed whether to direct staff to process a comprehensive plan and
2 land development code amendment to: 1) move a portion of the 378 remaining Market Rate - Rate of
3 Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2)
4 accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO)
5 required to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the
6 potential shifting of market rate allocations to the affordable housing pool but did direct staff to start the
7 process to accept the 300 workforce housing units.
8
9 On April 21, 2021, the BOCC adopted Ordinances 2021-005 and 2021-006 authorizing the acceptance
10 of the 300 early evacuation allocations from the State and to allow said allocations be used in exchange
11 for existing affordable units/ approved affordable allocations. Additionally, the Ordinance includes
12 provisions that allow the returned affordable units/allocations to be banked to resolve potential takings
13 cases.
14
15 At the September 11, 2024, BOCC meeting, the BOCC directed Planning & Environmental Resources
16 Department professional staff to begin processing Comprehensive Plan and Land Development Code
17 text amendments to eliminate the 1-for-1 takings and Bert Harris Act liability reduction exchange
18 requirement for the early evacuation unit building permit allocations.
19
20 At the December 11, 2024 BOCC Meeting, the BOCC adopted Ordinance 030-2024 which created a
21 site-specific subarea within Tavernier that permits Cemex Construction Materials Florida LLC (f/k/a
22 Singletary Concrete Products Inc.) to use 86 early evacuation unit building permit allocations on one
23 site in Tavernier without meeting the requirement of the 1-for-1 takings and Bert Harris Act liability
24 reduction exchange required by the current Comprehensive Plan and Land Development Code.
25
26 At the April 16, 2025, BOCC Meeting, the BOCC adopted Resolution 168-2025 to transmit a proposed
27 text amendment to FloridaCommerce to modify policies related to the 300 affordable workforce early
28 evacuation units to eliminate the 1-for-1 exchange for the remaining 300 workforce affordable housing
29 early evacuation unit building permit allocations.
30
31 On August 20, 2025,the BOCC adopted Ordinances No. 018-2025 and 019-2025, which were to amend
32 the County's Comprehensive Plan and Land Development Code in order to modify the requirements
33 related to the remainder of the County's 300 early evacuation unit building permit allocations. The
34 amendments were to remove the existing 1-for-1 exchange requirement and allow direct distribution of
35 the allocations for development of affordable workforce housing. On November 4, 2025,
36 FloridaCommerce provided a letter, which alleges Monroe County Ordinance No. 018-2025 is "more
37 restrictive or burdensome making it null and void ab initio pursuant to Section 28 of Chapter 2025-190,
38 L.O.F."
39
40 Monroe County Planning and Environmental Resources Department Staff are currently processing
41 amendments to the Comprehensive Plan (File No. 2025-220) and Land Development Code (File No.
42 2025-221) that are understood to address the language that was identified by FloridaCommerce staff as
43 being in conflict with the provisions in Section 28 of Chapter 2025-190, L.O.F. File No. 2025-220 is
44 anticipated to be transmitted to the State Land Planning Agency following the BOCC meeting held on
45 April 15, 2026.
46
47 Community Meeting and Public Participation
48 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan and
49 Land Development Code text amendments was held on March 24, 2025, via Zoom Webinar and
BOCC 07.15.2026 Page 6 of 30
File 2025-017
I provided for public input. There were comments from two (2)members of the public in attendance. The
2 concerns identified included the following:
3 1. changes to allow affordable ROGOs within the V-zone;
4 2. what happens to the market rate workforce ROGO/unit when the person occupying the unit
5 retires; and
6 3. a request to include language to limit the number of allocations the County accepts.
7 Development Review Committee Meeting and Public Input
8 On November 18, 2025, the DRC considered the proposed amendment and provided for public input.
9 On December 16, 2025, the Chair of the DRC signed Resolution No. DRC 21-25, recommending
10 approval of the proposed text amendment.
11
12 Planning Commission Meeting and Public Input
13 On April 22, 2026, the Planning Commission considered the proposed amendment, received public
14 input, and recommended approval of the proposed amendment to the Monroe County Comprehensive
15 Plan to the Board of County Commissioners, subject to the correction of scrivener's errors identified by
16 the Planning Commission.
17
18 The Monroe County Planning Commission identified two scrivener's errors within the proposed
19 language, as reflected on pages 15 and 17 (now page 16)of this staff report.First,the asterisk associated
20 with the second note on page 15 was omitted. Second,the table beginning on page 16 omitted the asterisk
21 (*) associated with the value "300" and the corresponding note referenced by the asterisk. Staff has
22 corrected these omissions, and the draft ordinance has been amended to incorporate the corrections.
23 These corrections are non-substantive in nature and do not alter the intent of the proposed amendment
24 or ordinance.
25
26 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
27
Proposed Amendment: deletions are Fee *f4k��; additions are shown in red underline. Text
proposed in File#2025-220 for deletion are shown in ,;--additions are shown
in red double underline.
28
29 GLOSSARY
30 *****
31 Administrative Relief means actions taken by the County granting the owner of real property relief from
32 the continued application of the rate of growth ordinance restrictions provided they meet the criteria
33 established in the Land Development Code.
34
35 Affordable Housing means residential dwelling units that meet the following requirements:
36 a. Meet all applicable requirements of the United States Department of Housing and Urban
37 Development minimum property standards as to room sizes, fixtures, landscaping and
38 building materials, when not in conflict with applicable laws of the County; and
39 b. Have a sale price or rental amount that is within the financial means of County households,
40 as defined in the Land Development Code; and
41 c. Meet the income requirements, as defined in the Land Development Code.
42 *****
43 ts for those who derive at least 70 percent of their
44 income as members of the workforce in Monroe County and who meet the affordable housinY income
45 cats ories of the Monroe County Code, Workforce sans individuals or families who are gainfully
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File 2025-017
2
I �q: �il i�eds goods and/or to Monroe County residents or visitors. Affordable
2 workforce housin g shall be interchan xeable with the terms detached or attached dwellings cm oyce
Z I
3 housing or commercial apart eats included in the land use districts and shall be a per fitted use in all
4 land use districts where detached dwellin attached dwellin 7s ern to ee housin or commercial
5 ,apartments are included as a current permitted use, An apt�licant choosing to develop affordable
6 workforce h of the Land Development Code and all
7 other require ents included in the Land Develop ent Code, including but not li ited to density
8 paLrk�jnbnffer ards and access,
9
10 Annual allocation period means the 12-month period beginning on.luly l3j992.,..(the..effective date of
11 the original dwelling unit allocation ordinance},
subsequent one-year periods (see definition of
12 ROGO year).
13
14 Market rate who derive at least 70 percent of their
15 income as members of the workforce in Monroe C 0
16 are ainfull en Dlo ed supplgoods and/or services to Monroe County residents or visitors. Market
17 rate workfo s detached or attached dwellings or
18 commercial a artments included in the land use districts and shall be a ermitted use in all land use
19 districts where detached apartments are included as a
20 �o�urrent .ermitted use force housipg_5�hall be�sulje�ct
21 to a deed restriction li iting occupancy to e hers of the workforce for a period of 99 years and shall
22 comply with all other limited
23 to density,parking, bufferVards and access.
24
25
26 ROGO Year means the 12-month.period beginning on July 13, 1992, (the effective date of the original
27 dwelling unit allocation ..orclinance),.. and subsequent one- periods (see definition of Annual
28 Allocation Period).
29
30
31 State Land Planning Agency means the Florida Department of Commerce 'F I �-rce),formerly the Department of Economic Opportunity(DEO) ffn-e4y and the Department of Community Affairs.
33
34
35
36 YWorkLbrce means individuals or families w services
37 to Monroe County residents or visitors.
38
39
40
41 2.2 - PRIVATE PROPERTY RIGHTS ELEMENT
42
43
44 Policy 2.2.5
45 In local decision making,7 Monroe County shall consider the State-imposed growth limits and private
46 property rights protection provisions, including the following factors:
47 1. The Florida Keys are designated as an Area of Critical State Concern (ACSC) by the State
48 Legislature, pursuant to Section 380.05. F.S. This ACSC designation gives the State
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File 2025-017
I oversight authority over development in the Florida Keys and limits the number of
2 residential housing building permits that Monroe County and its municipalities may issue
3 each year.
4 2. The State imposes these growth restrictions in order to provide for the safety of residents in
5 the event of a hurricane evacuation and to protect the significant natural resources of
6 statewide importance in the Florida Keys ACSC;'.
7 3. As a direct result of the State's legislative and administrative growth restriction mandates=,,
8 Monroe County and municipalities have adopted local ordinances, such as Rate of Growth
9 Ordinance (ROGO), to fairly and competitively allocate the limited number of residential
10 housing building permits.
11 4. The most recent hurricane modeling completed in 2 2025 by the State Land Planninr
12 AAcy pursuant to
13 380.0552(9), F.S and Chapter 2025-19( Laws of Florida(L.O.F.)g found that no more than
14 900 ROGO
15 allocations shall be issued for the Florida Keys without exceeding the statutory maximum
16 allowed 24.5-hour evacuation clearance. Chapter 2025-190, LOF, further requires:
17 ® The hermit allocations must be distributed to counties and munieipalities based on the
18 number of vacant buildable lots within each jurisdiction, and
19 0 The permit allocations must be distributed over a period of at least 10 years but may not
20 exceed 900 total hermit allocations and
21 ! All permits must be issued for vacant, buildable parcels, of which only one may be
22 awarded for any individual parcel, and
23 0 The distribution of which must prioritize allocations for owner-occupied residences,
24 affordable housing, and workforce housing.
25
27 apl . e +r B• °
9 7
28 n
29
30 s tl+
31
32 5. The State of Florida and Monroe County may face significant liability because the number
33 of undeveloped, privately-owned parcels in the Florida Keys ACSC far exceeds the
34 remaining residential housing building permit allocations.
35 r�:----cBn-;r-ua-r�zccf�-za:�9-z,-"care-s`-grrc`ia�--c'mi'cs-aresy---cszrgcrcc-as--�r'�'-r-rcap—e�i'rgr=r""rrrs�"." - - c�c-�r
36 1
37 38
39
40
41
42 3.1 - FUTURE LAND USE
43
44 GOAL 101
45 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
46 residents and visitors, and protect valuable natural resources. [ES. § 163.3177(1)]
47
48 ******
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File 2025-017
I Objective 101.2
2 As mandated by the State of Florida,pursuant to Section 380.0552,F.S. ' 13i'
3 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
4 hurricane evacuation clearance time of 24.5 hours and will coordinate with the State Land Planning
5 Agency relative to hurricane evacuation modelin�.
6 ins-
7
8 PL03 .
94
10
11
9
12
13 -
14 PP ,2 +c
15 Fle ;ra rr n
yam;
16
17 Policy 101.2. 1
18 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency
19 and Division of Emergency Management to update the variables and assumptions for the
20 evacuation clearance time modeling and analyses of the build-out capacity of the Florida Keys
21 Area of Critical State Concern based upon the release of the decennial Census data-
22 t -3d
23 '
24
25
26 �s,� r ,e„�+y ., a«�+�,a , ��,.,xP�, .n,+� ,.� n,�, ,„,' ,,,d,,.,, ,�' �+ �,,+, a�¢r�a .� dff"0_e*te_ff4
27
28 . ° . The County shall reevaluate the annual ROGO allocation rate based on: 1) statutory
29 changes for hurricane evacuation clearance time requirement standards; and 2) new hurricane
30 evacuation modeling by the State Land Planning Agency and Division of Emergency
31 Management.q ai_ a to te-1
32
33
34
35 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.-- 11,
36 Monroe County shall establish a new allocation category to accept and award 300 affordable
37 workforce housing early evacuation unit building permit allocations pursuant to the-N rn�- n
38 Affordable Workforce Housing Initiative(Policy 101.3.4-211 Workforce Initiative).also known
39 as the Department of Economic Opportunity's Keys Workforce Housing Initiative approved by
40 the Administration Commission on June 13 2018. These allocations are in addition to the
41 maximum allocations identified in Chapter 2025-190,L.O.F., and shall be required to evacuate
42 in Phase 1 of the 48-hour evacuation as provided for in Policy 101.2.3 e.
43 hfffieafie.
44
45 Policy 101.2. 2
46 The County will consider capital improvements based upon the need for improved hurricane
47 evacuation clearance times, including potential impacts from sea level rise to the County's
48 evacuation route. The County will coordinate with the FDOT,the state agency which maintains
BOCC 07.15.2026 Page 10 of 30
File 2025-017
I U.S. 1, to ensure transportation projects that maintain and improve clearance times are
2 prioritized.
3
4 Policy 101.2.43
5 In the event of a pending major hurricane (Category 35)Monroe County shall implement the
6 following staged/phased evacuation procedures to achieve and maintain an overall 24.5 hour
7 hurricane evacuation clearance time for the resident population.
8 1.Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
9 residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard vessels (transient
10 and non-transient), military personnel, units approved, and deed restricted as affordable
11 workforce housing early evacuation units from the Florida Keys shall be initiated. State
12 parks and campgrounds should be closed at this time or sooner and entry into the Florida
13 Keys by non-residents should be strictly limited.
14 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of
15 mobile home residents, special needs residents, and hospital and nursing home patients from
16 the Keys shall be initiated.
17 3.Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation
18 of permanent residents by evacuation zone (described below) shall be initiated. Existing
19 evacuation zones are as follows:
20 a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
21 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
22 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
23 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM
24 63-106.5 and MM 1-9.5 of CR 905)
25 e) Zone 5 - 905A to, and including., Ocean Reef(MM 106.5-126.5)
26 The actual sequence of the evacuation by zones will vary depending on the individual storm.
27 The concepts embodied in this these staged evacuation procedures should be embodied in the
28 appropriate County operational Emergency Management Plans.
29
30 The evacuation plan shall be monitored and updated on an annual basis to reflect increases,
31 decreases and or shifts in population; particularly the resident and non-resident populations.
32
33 For the purpose of implementing Policy 101.2.43, this Policy shall not increase the number of
34 allocations beyond those spccificd in the table in Policy 101.3.2, t� �th f97
35 °except for affordable housing. Any increase in the number of allocations
36 shall be for affordable housing. Monroe County hereby accepts 300 affordable workforce
37 housing early evacuation unit building permit allocations pursuant to the
38 � eTe Affordable Workforce Housing Initiative(Policy 101.3.17211 Workforce Initiative)
39 authorized by the Administration Commission Chaptcr 2023-17, Laws of Florida, and
40 the State Land Plannino Aencv These garly
41 evacuation allocations are in addition to the maximum allocations identified in Rule,, 28-20,
42 F.A.C., and_shall be restricted to rental occupancy for those who derive at least 70% of their
43 income as members of the workforce in Monroe County and who meet the affordable housing
44 income categories of the Monroe County Land Development Code. The early evacuation
45 allocations shall be required to evacuate in Phase 1 of the 48-hour evacuation as provided in
46 Polio 101.2.43 No new additional residential dwelling unit
47 allocations shall be authorized within the Phase 1 of the 48-hour evacuation unless approved
48 and provided by the Administration Commission and the State Land Planning Acyenc�
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File 2025-017
I after review of hurricane evacuation modeling
2 results by the State Land Planning Agency and the Division of Emergency Management of
3 available evacuation capacity and a review of the level of service and available capacity for all
4 public facilities.
5
6 Objective 101.3
7 Monroe County shall regulate new residential development based upon the finite carrying capacity
8 of the natural and man-made systems and the growth capacity while maintaining a maximum
9 hurricane evacuation clearance time of 24.5 hours.
10 Policy 101.3.1
11 Monroe County shall maintain a Permit Allocation System for new residential development
12 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation
13 System shall limit the number of permits issued for new residential dwelling units. The ROGO
14 allocation system shall apply within the unincorporated area of the county, excluding areas
15 within the county mainland and within the Ocean Reef planned development (Future
16 development in the Ocean Reef planned development is based upon the December 2010 Ocean
17 Reef Club Vested Development Rights Letter recognized and issued by the Department of
18 Community Affairs). New residential dwelling units included in the ROGO allocation system
19 include the following: affordable housing units; market rate dwelling unitsa market rate
20 workforce housing units; mobile homes; institutional residential units (except hospital rooms)
21 and affordable workforce housing early evacuation units.
22
23 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a
24 distinct location, and therefore cannot be accounted for in the County's hurricane evacuation
25 model. Under no circumstances shall a vessel, including live-aboard vessels, or associated wet
26 slips be transferred upland or converted to a dwelling unit of any other type. Vessels or
27 associated wet slips are not considered ROGO allocation awards and may not be used as the
28 basis for any type of ROGO exemption or THE (Transfer of ROGO Exemption).
29
30 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units;
31 and seasonal residential units are subject to Policy 101.3.5.
32
33 For purposes of this Policy, the redevelopment or replacement of any lawfully established unit
34 within the Venture out community, which is located in the Lower Keys at MM23 on Cudjoe
35 Key, that does not increase the number of units, above that which existed on or before January
36 4, 1996, shall be exempt from the permit allocation (ROGO) system. Policies 101.3.5 and
37 101.6.8 shall not apply to Venture Out, and the units within Venture Out may be developed as
38 either detached dwelling, mobile home or recreational vehicle use through the approval of a
39 building permit,provided the following are met:
40 1. To not increase the hurricane evacuation clearance time of permanent residents, in the
41 event of a pending major hurricane (Category 35), a mandatory evacuation of all
42 occupants of units within Venture Out, regardless of unit type, is required at least 48
43 hours in advance of tropical storm winds. Approximately 48 hours in advance of
44 tropical storm winds, a mandatory evacuation of occupants residing in a permanent unit
45 shall be initiated and a mandatory evacuation of both the occupants of recreational
46 vehicles (RVs) and the RVs shall be initiated;
47 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of detached
48 dwelling (permanent), mobile home (permanent) and recreational vehicles (transient)
BOCC 07.15.2026 Page 12 of 30
File 2025-017
I uses may occur only within the gated Venture Out community with a managing entity
2 responsible for evacuation;
3 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is prohibited;
4 4. Recreational Vehicles must meet all land development regulations, floodplain
5 management regulations and any building code requirements for recreational vehicles;
6 5. A recreational vehicle must have current licenses required for highway travel, be
7 attached to the site only by the quick disconnect-type utilities, and no permanent
8 additions such as sun rooms or state rooms shall be permitted;
9 6. Notwithstanding the transfer provisions within Policy 101.6.8,no unit,regardless of use
10 type, within the Venture Out community may be transferred to another site outside of
11 the Venture Out community; and
12 7. In no case shall recreational vehicles (transient units)be developed as a hotel/motel.
13 Policy 101.3.2
14 The number of permits issued for residential dwelling units under the Rate of Growth
15 Ordinance shall not exceed a total of 1,970 ftew allocations for the time period of July 13, 2013
16 through July 12, 2026, plus any available unused ROGO allocations from a previous ROGO
17 year and 300 affordable workforce housing early evacuation unit building permit allocations
18 authorized by the Administration Commission Chapter 2023-17, haws of Florida and
19 the State Land Planning A,ency A ROGO year
20 means the twelve-month period beginning on July 13. Market rate allocations shall not to
21 exceed 126 residential units per ROGO year. Unused and/or expired allocations for market rate
22 shall be available for Administrative Relief.
23
24 9 9
25
26 0
27
28
29 26 4:,
30
31
32
33
34
35
y®
36
38
39
40
41
42
43n
44
45
46
47
48
BOCC 07.15.2026 Page 13 of 30
File 2025-017
2
3 9
4 , 4
5 ,
6
7
8 The County shall distribute ROGO allocations for Ju1v 13, 2013, through July_12, 2026, by
9 ROGO year, as provided in the table below.
Annual Allocation
ROGO Year Affordable Housing Affordable Workforce
Market Rate ousin Early
Evacuation Initiative
July 13, 2013-July 12, 2014 126 71
July 13, 2014-July 12, 2015 126 71
July 13, 2015-July 12, 2016 126
July 13, 2016-July 12, 2017 126
N/A
July 13, 2017-July 12, 2018 126
July 13, 2018-July 12, 2019 126
July 13, 2019-July 12, 2020 126 568 total AFH
July 13, 2020-July 12, 2021 64 (total available
July 13, 2021-July 12, 2022 64 immediately)
July 13, 2022-July 12, 2023 64
July 13, 2023-July 12, 2024 62 300**
July 13, 2024-July 12, 2025 62
July 13, 2025-July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes a total of twenty annual affordable ROC O allocations for the i Pine Ivey/No Name
Ivey subarea) through the Incidental Tape Permit (ITP� : din in 2026.
**Affordable Wworkforce housing early evacuation unit buildin�pennit allocations shall be
available d Lower Ike s subareas and distributed
on a first-come first-serve basi deed-restricted
utilizing the affordable workforce housin early evacuation urllt building pe it allocations are
subiect to the provisions of Policy 101.3.11 and Policy 113.1.1 L
Notes:
1. In Larch 2013, the Governor and Cabinet, sitting as the State Ad inistration Commission,
a roved the recommendation to allocate no more than 3 550buildin� ermits 1 970 ermits
to Monroe County)while rnaintainfin an evacuation clearance time of 24 hours, through the
veer 2023, The State of Florida sl�ecically allowed the issuance of up to 197 building
fie. its er year for new residential develop ent (Rule 28-20140, FsA.C.), within
unincor�aorated Monroe County,
BOCC 07.15.2026 Page 14 of 30
File 2025-017
ROGOs out for an addit and
State additional time to distribute ROGO allocations while the new hurricane evacuation
model runs s to
Ordinance No. 005-2020 and Ordinance No. 006-2020 to extend the renjqjnjDg-mq��
7
3
4
5
6
7
8
4 �
10
ll
|2
13 Planning Aaenc i the number of permits issued for residential dwelling
|4 Ordinance shall be no more than tho unused ROGO
15 allocations
lhEt
[7 2023-17 Laws of Horid arket rate and
|8 market rate workforce allocations shall be available for Administrative Relief.
18
20 'rhe co shall distribute these ROGO allocat
21
Annual Allocation Market Market Rate Affordable Affordable Workforce
Period Rate Workforce Total HQ�Sin
LA_F1_11 Initiative
July 13 2027 Allocations
returned
July 12.,2030
B0CC07]52026 Page 15of30
File 2025'0|7
July�122031
July 13, 20-31 — 12 43 55
July�122032
July 13, 20-32— 12 43 55
July 12, 2033
July 13. 2033 — 12 43 55
July 12 2034
July 13-,.2034— 12 43 55
Jul 12 2035
July 13-,.2035 — 12 43 55
July 12 2036
Total 120 537 657
*Affordable workforceallocations shall be available
count wide unincorporated count?) in the TJpper and Lower Kos subareas and distributed on a first-
come first-serve basis, restricted utLlizin ,the
affordable workforce housing
1 1 0 allocations awardedendin the effective date of Comprehensive Plan amendment.
2 The State and County shall.develop.a.mutually agreeable position defending inverse condemnation cases
3 and Bert J. Harris,_Jr..Private Property Rights Protection Act cases, with.the State having an active role
4 both directly and financially in the defense of such cases.
5
6 Policy 101.3.3
7 Monroe County shall allocate at least 20%of the annual allocation, or as may be established by the State
8 of Florida, pursuant to Administration Commission Rules,to affordable housing units as part of ROGO.
9 Any portion of the allocations not used for affordable housing shall be retained and be made available
10 for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate
11 allocation and affordable workforce housing early evacuation units shall meet the criteria specified in
12 Policy 601.1.4 and the Land Development Code (LDC),but shall not be subject to the competitive
13 Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable
14 housing or affi)rdable workforce housing early evacuation units shall not be located within an area
15 designated as Tier I as set forth under Goal 105 or within a Tier 111-A Special Protection Area as set
16 forth in Policy 205.1.1.
17
18 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing ROGO
19 allocations may be awarded to Tier I or Tier 111-A properties which meet all of the following criteria:
20 1. The property contains an existing market rate dwelling unit that meets the criteria in LDC
21 Section 138-22(a) and is determined to be exempt from ROGO;
22 2. The proposed replacement affordable dwelling unit meets current Florida Building Code and
23 is not a mobile home;
24 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99
25 years as affordable housing pursuant to the standards of the Land Development Code; and
26 4. The proposed site plan for the replacement affordable dwelling unit does not propose any
27 additional clearing of habitat.
28
29 Policy 101.3.4
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File 2025-017
I The Permit Allocation System (or Rate of Growth Ordinance) for new residential development shall
2 specify procedures for:
3 1. establishing the annual number of , ' allocations for new residential units to be issued
4 during the next ROGO year based upon, but not limited to the following:
5 a. expired allocations and building permits in previous year;
6 b. allocations available, but not allocated in previous year;
7 c. number of allocations borrowed from future q#fftefs allocation ergs;
8 d. vested allocations;
9si �l ;
10 -fe. modifications required or provided by this plan or agreement pursuant to Chapter 380,
11 Florida Statutes;
12 g£ receipt or transfer of affordable housing allocations by intergovernmental agreement;
13 and
14 hg.receipt or transfer of allocations pursuant to the 2025 Florida Keys
15 Hurricane Evacuation Modeling Re ort 244-2-��� T
17 2. allocation of affordable housing, affordable workforce housing early evacuation unitts
18 building permit allocations. market rate housing units and market rate workforce housing
19 units in accordance with Policies 101.3.2 and 101.3.3 &—Rd
20 3. timing of the acceptance of applications, evaluation and scoring of applications, and issuance
21 of permits for new residential development during the calendar year.
22 4. The BOCC may., at its discretion, reserve by resolution some or all of the available market
23 rate workforce allocations for co to be
24 distributed at a later date with the approval of the BOCC.
25
26 Policy 101.3.5
27 Due to the limited number of allocations and the State's requirement that the County maintain a
28 maximum hurricane evacuation clearance time of 24.5—hours, Monroe County shall prohibit new
29 transient residential allocations for hotel or motel rooms, and any lock-out units, campground spaces, or
30 spaces for parking a recreational vehicle or travel trailer until -yam July 12, 2036. Lawfully
31 established transient units shall be entitled to one unit for each type of unit in existence before January
32 4, 1996, for use as a ROGO exemption.
33
34
35 Policy 101.3.10
36 Notwithstanding any other provision of the Plan, except the last sentence of this Policy 101.3.10,
37 building allocations utilized for affordable housing projects may be pooled and transferred between
38 ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO subarea,and between local government
39 jurisdictions within the Florida Keys Area of Critical State Concern (ACSC). Any such transfer of
40 affordable housing allocations between local government jurisdictions must be accomplished through
41 an interlocal agreement between the sending and receiving local governments. Interlocal agreements
42 that involve assigning the County's affordable housing (not including affordable housing allocations
43 banked for takings cases) allocations to existing dwelling units within a municipality with a requirement
44 that the associated market rate ROGO/BPAS exemptions be transferred into the unincorporated County
45 as an exchange for the affordable housing allocations transferred to the municipality, shall be
46 accomplished through a minor conditional use permit approval and shall be subject to the receiver site
47 criteria in Policy 101.6.8 and may be transferred to any subarea within the unincorporated County.
BOCC 07.15.2026 Page 17 of 30
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1
2 In no event shall the County-
3 (1) pool and transfer affordable workforce housing early evacuation unit buildin= ermit
4 allocations between ROGO sub-areas,
5 (2) transfer affordable workforce housing early evacuation unit building ermit_allocations to
6 another government jurisdiction,
7 (3)receive affordable workforce housing early evacuation unit building allocations from another
8 government jurisdiction9,, or
9 (4) transfer affordable housing ROGO allocations received by the County in exchange for
10 affordable workforce housing buitdin) °unit_early evacuation unit allocations to another
11 government jurisdiction.
12
13 Notwithstanding Policv 101.3.10(2), affordable workforce early evacuation unit building De it
14 allocations may be transferred to another government jurisdiction for County-initiated affordable
15 housing projects within incorporated cities. as approved by an interlocal agreement as approved by the
16 13OCC.
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18 of iec y 1 13 1 1
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32 Policy 101.3. 11
33 Affordable Workforce ousin f arly vacuation Initiative.To support Monroe County's workforce
34 by alleviating constraints on affordable housing, to protect private property rights and address potential
35 liability, the County is participating in the Workforce-Affordable Housing Initiative (Workforce
36 Initiative), as approved during the June 13, 2018 meeting of the Fllofida Administration Commission.
37 Monroe County accepts the 300 affordable workforce housing early evacuation building permit
38 allocations pursuant to the Workforce-Affordable Housing Initiative authorized by the Refida
39 Administration Commission,Chapter 2023-17, Laws of Florida and the State Land Planning A{gencv
40 The Workforce-Affordable Housing Initiative will require
41 dwelling units constructed and/or deed restricted with affordable workforce housing early evacuation
42 building permit allocations to evacuate occupants in Phase 1 of the 48-hour evacuation as provided for
43 in Policy 101.2.3 , and pursuant to the criteria below_.
44
45 To participate in the Workforce Initiative, Monroe County shall be responsible for the management,
46 distribution, and enforcement of requirements associated with the affordable workforce housing early
47 evacuation building permit allocations. Monroe County shall ensure adherence to these requirements
48 through implementation of this policy and shall annually provide to the State band Planning A a,
49 a report indicating the number of affordable workforce
BOCC 07.15.2026 Page 18 of 30
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I housing early evacuation units built and/or deed restricted, occupancy rates, and compliance with the
2 requirement to evacuate the units in Phase I of an evacuation. The annual report shall be provided to the
3 State in a timely manner such that the State may include the information in the required Annual Report
4 to the Florida. Administration Commission on the County's progress toward
5 completion of its Work Program pursuant to Rule 28-20, F.A.C.
6
7 Dwelling units developed and/or deed restricted utilizing the affordable workforce housing early
8 evacuation unit building permit allocations are subject to the following:
9 (a) Requests for affordable workforce housing early evacuation unit building permit allocations
10
11 require a reservation via BOCC resolution. The BOCC may, at its discretion, place
12 conditions on any reservation as it deems appropriate such as establishin,g the income
13 cateorles for allocations granted. " ' ,
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46 (ob) All affordable workforce housing early evacuation units require a deed-restriction
47 ensuring:
BOCC 07.15.2026 Page 19 of 30
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1 (1) Before any building permit may be issued for any structure, portion or phase of a
2 project subject to the Workforce Initiative, a restrictive covenant shall be approved by
3 the Planning Director and County Attorney and recorded in the Office of the Clerk of
4 the County to ensure compliance with the provision of this section running in favor of
5 the County and enforceable by the County and, if applicable, a participating
6 municipality. The following requirements shall apply to these restrictive covenants:
7 a. The covenants for any affordable workforce housing early evacuation units
8 shall be effective for 99 years.
9 b. The covenants shall not commence running until a certificate of occupancy has
10 been issued by the Building Official for the dwelling unit or dwelling units to
11 which the covenant or covenants apply.
12 c. For existing dwelling units that are deed-restricted as affordable workforce
13 housing early evacuation units, the covenants shall commence running upon
14 recordation in the Official Records of Monroe County.
15 (2) The covenants shall require that the affordable workforce housing early evacuation
16 units to be restricted to rental occupancy for those who derive at least 70% of their
17 income as members of the workforce in Monroe County and who meet the affordable
18 housing income categories of the Monroe County Land Development Code. The
19 occupants are required to annually verify their employment and income eligibility.
20 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hour evacuation
21 as provided for in Policy 101.2.3 . Persons living in the
22 affordable workforce housing early evacuation units who may be exempted from
23 evacuation requirements are limited to law enforcement, correctional and fire
24 personnel, health care personnel, and public employees with emergency management
25 responsibilities. If there is an occupant that indicates their employment is considered
26 a 'first-responder position' and not included in the list of exemptions above, then the
27 Planning Director shall determine, in writing, whether the person may be exempted
28 because of a requirement to remain during an emergency. Any person claiming
29 exemption under this provision shall submit of an affidavit of qualification and
30 faithfully 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 unit
33 requiring evacuation in Phase 1 of the 48-hour evacuation and that failure to adhere to
34 the Phase 1 evacuation requirement could result in severe penalties,including eviction,
35 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 1 evacuation requirement could
39 result in severe penalties, including termination.
40 ( ) 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 workforce
42 in Monroe County and who meet the affordable housing income categories of the Monroe
43 County Land Development Code. Workforce means individuals or families who are
44 gainfully employed supplying goods and/or services to Monroe County residents or
45 visitors.
46 (od) Affordable Wworkforce housing early evacuation units shall require onsite property
47 management with property managers trained in evacuation procedures and required to
BOCC 07.15.2026 Page 20 of 30
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I manage the evacuation of tenants in Phase I of an evacuation. During traditional working
2 hours, the property manager must be at an office within the affordable workforce housing
3 early evacuation unit development subject property. Outside the traditional working hours,
4 the property manager must be available at all times to respond to evacuation orders.
5 O The property management entity for the affordable workforce housing early evacuation
6 units shall be required to annually verify the employment and income eligibility of tenants;
7 report the total units on the site, the occupancy rates of units, and tenant compliance with
8 the requirement to evacuate the units in Phase I of an evacuation, including the number of
9 occupants that are exempt from the evacuation requirements. The property management
10 entity must submit a report to the Planning and Environmental Resources Department by
11 May 1 of each year.Further, each lease and this annual report shall be kept by the property
12 manager and be available for inspection by the County during traditional working hours.
13 ( f) Affordable workforce housing early evacuation units shall be located within an area
14 designated as Tier III.
15 ft) Affordable Wworkforce housing early evacuation units shall not be located in 4h« ae
16 of within a Coastal Barrier Resource System (CBRS).
17 ft) Affordable Wworkforce housing early evacuation units shall be located on a property
18 which has all infrastructure available (potable water, adequate wastewater treatment and
19 disposal wastewater meeting adopted LOS, paved roads, etc.).
20 (fir) All affordable workforce housing early evacuation units must demonstrate compliance with
21 all applicable federal standards for accessibility for persons with disabilities (ADA
22 Compliance).
23 (1€j) To the greatest extent practicable, a development utilizing affordable workforce housing
24 early evacuation unit buildin e allocations shall incorporate sustainable and resilient
25 design principles into the overall site design
26 Mir
9
27 affordable workforce housing
28 early evacuation unit building hermit allocations shall be located in close proximity to
29 Marathon.
30 �1) For develot�ments owned or ot�erated by a government aency o� t�ublic housing authority,
31 ro erty management is not required to be located onsite as indicated in Policy 101.3.114-2,
32 but must be available at all times to respond to evacuation orders,However the L)overnment
33 aenc for public hc)usin authority will oversee and coordinate requested evacuation of the
34 residents and must be available at all times to respond to evacuation orders.
35
36 *****
37 Objective 101.7
38 Monroe County shall establish policies to provide for the purchase of land from property owners who
39 have not been awarded building permit allocations in the Permit Allocation System.
40
41 Policy 101.7.1
42 Monroe County, the state, or other acquisition agency may, upon a property owner's request, offer to
43 purchase the property for an amount greater than fair market value (as determined by the Count y's
44 appraisal) in consideration of the added expense the owners have invested in tipneg desi n�permitting,
45 and carry costs, or permit the minimum reasonable economic use of the property, if the property
46 owner meets the following conditions:
47 1. they have been 4effied considered but have failed to receive an allocation award for four
48 successive years in the Residential (ROGO) or Nonresidential (NROGO) Permit Allocation
49 System;
BOCC 07.15.2026 Page 21 of 30
File 2025-017
1 2. their proposed development otherwise meets all applicable county, state, and federal
2 regulations;
3 3. their allocation application has not been withdrawn;
4 4. they have complied with all the requirements of the Residential or Nonresidential Permit
5 Allocation System; and
6 5. they follow the procedures for administrative relief contained in the land development
7 regulations.
8 Administrative relief purchases that are made by Monroe Counter the state or an _quisition ay at
9 greater than fair market value are not intended to inflate or otherwise influence the local real estate
10 market. Administrative relief urc bases should be considered as un ualified b the Monroe Count
11 Pro ert praiser and other a raisers and not com arable to non-administrative relief sales of
12 property with the sam€ land use, tier, and develoPment�potential,
13
14 As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any residentially
15 zoned parcel of record which was buildable immediately prior to the effective date of the Plan, no less
16 than a single-family residence.
17 A purchase offer is the preferred option for administrative relief,if the subject permit is for development
18 located within:
19 1. a designated Tier I area or within the Florida Forever (or its successor) targeted acquisition
20 areas (unless, after 60 days from the receipt of a complete application for administrative
21 relief,it has been determined no county,state or federal agency or any private entity is willing
22 to offer to purchase the parcel);
23 2. a designated Tier II or 111-A (Special Protection Area); Of;
24 3. a designated Tier III area on a non-waterfront lot for affordable housings,workforce housing,
25 density reduction, or conservation, where appropriate, or
26 4. a designated Tier III area on a waterfront lot or parcel with protected habitat„for conservation„
27 where aped rY
28
29 Refusal of the purchase offer by a property owner shall not be grounds for the granting of a
30 ROGO or NROGO allocation award.
31
32 An application for administrative relief may be denied based upon any one of the following
33 findings by a special magistrate or the Board of County Commissioners:
34 1. The applicant previously filed an inverse condemnation or other private property rights claim
35 or cause of action that gave rise to a final judgment or order of dismissal issued by a court of
36 competent jurisdiction in Monroe County's favor, and said claim or cause of action involved
37 the same property and issues of fact that underlie the application for administrative relief,
38 2. A court of competent jurisdiction likely would determine that the failure of the applicant to
39 qualify for an allocation award has not caused a taking of the property(whether such liability,
40 at the time of application under this policy, is likely to be established by a court of competent
41 jurisdiction should be determined based on applicable statutory, regulatory, and case law at
42 the time the application is considered under this policy);
43 3. The property retains a practicable economically beneficial use despite its failure to qualify
44 for an allocation award;
45 4. The applicant previously received an offer from a local, state,or federal governmental agency
46 to purchase the property at its fair market value that was rejected by the applicant; or
47 5. The failure of the applicant to qualify for an allocation award can be attributed to laws or
48 regulations that are imposed or mandated by an agency of the federal government.
49 *****
BOCC 07.15.2026 Page 22 of 30
File 2025-017
I Policy 102.4.3
2 Monroe County shall maintain and implement a land acquisition program in recognition of the critical
3 need for the County to aggressively address the imbalance between development expectations of private
4 property owners and the finite carrying capacity of the natural and man-made systems in the Florida
5 Keys. Pursuant to Section 380.0552, F.S. d kul 18��', �'. ',, this policy recognizes the public
6 safety concern of maintaining a maximum hurricane evacuation clearance time of 24.5 hours.
7
8
9 Objective 105.2
10 Monroe County shall maintain, with assistance of the state and federal governments, a 20-year Land
11 Acquisition Program to: 1) secure funding for environmentally sensitive lands; 2) retire development
12 rights on privately-owned vacant lands to limit further sprawl and equitably balance the rights of
13 property owners with the long-term sustainability of the Keys man-made and natural systems; and, 3)
14 secure and retain lands suitable for affordable housing. This objective recognizes the finite limits of the
15 carrying capacity of the natural and man-made systems in the Florida Keys to continually accommodate
16 further development and the need for the significant expansion of the public acquisition of vacant
17 developable lands and development rights to equitably balance the rights and expectations of property
18 owners. This includes the recognition that Monroe County must ensure public safety through the ability
19 to maintain a 24.5-hour hurricane evacuation clearance time.
20 *****
21
22 3.6- HOUSING
23
24 Policy 601.1.8
25 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be established by
26 the State of Florida, pursuant to Administration Commission Rules, to affordable housing units, as
27 specified in Policy 101.3.3.Affordable housing eligible for this separate allocation must meet the criteria
28 established in the Land Development Code. Monroe County may award 300 additional building permit
29 allocations designated as affordable workforce housing early evacuation units pursuant to the
30 *4« 6fee-Affordable Workforce Housing Initiative(Policy 101.3.12 Workforce Initiative)as provided
31 by the F4ofi4a Administration Commission�Cha�tcr 2023-17, Laws of Florida
32 These building hermit allocations are in addition to the maximum
33 allocations identified in Rules 28-20, F.A.C., are restricted to rental occupancy for those who derive at
34 least 70% of their income as members of the workforce in Monroe County and who meet the affordable
35 housing income categories of the Monroe County Land Development Code, and shall be required to
36 evacuate in Phase 1 of the 48-hour evacuation as provided for in Policy 101.2,3 i t -mmaJ-of
37 h .
38
39 *****
40
41 3.13 - INTERGOVERNMENTAL COORDINATION
42
43 P4ky4 404-.44
44 45
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46 «�i ro raw< r T6lf.ne ra«r1«wtg ��<yw<ys1�<rr 9 Ic.l<ga��Tg-<n l<:g �I<�y �fa7 <.+R II<�Qr l e. I2 i <n�i�tcgr fL
47
9
48
BOCC 07.15.2026 Page 23 of 30
File 2025-017
I IV. ANALYSIS OF PROPOSED AMENDMENT
2
3 The proposed amendment is multifaceted and provides new opportunities within the ROGO system to
4 address concerns identified by local and State leaders, as well as the general public. The amendment
5 includes a number of changes as detailed below.
6
7 Establish and create a new residential Rate of Growth Ordinance (ROGO) catcgooa for market rate
8 workforce housing
9
10 During the process of developing the proposed amendments there were various scenarios for staff to
11 consider as presented under a potential increase of the hurricane evacuation timeframe beyond 24 hours
12 through potential changes in the Florida Legislature. Ultimately, the hurricane evacuation requirement
13 in Section 380.0552(9)(a)2., F.S. was amended to 24.5 hours during the 2025 legislative session.
14 However, the idea that a minimum of 70% of any new ROGO allocations received by Monroe County
15 would be designated for the workforce of Monroe County resonated with local and state leaders, as well
16 as the general public.
17
18 Policies within the Comprehensive Plan have been amended to indicate the new ROGO category for
19 market rate workforce housing and provide clarity on the number of overall ROGO allocations that may
20 be granted in each ROGO year beginning in 2026. Any remaining ROGO allocations shall be utilized
21 for market rate allocations pro-rated for the partial year.
22
23 Accept the 657 ROGO allocations within the 24.5-hour evacuation timeframe.
24 The distribution for the County and the municipalities is as follows:
25
26 Islamorada-------------------72
27 Key West --------------------36
28 Marathon------------------- 135
29 Monroe County----------- 657
30
31 The Administration Commission accepted the recommendations from FloridaCommerce (Department)
32 related to the timing of the distribution of the 900 allocations:
33
34 The Department also recommends that, consistent with the requirement set forth in section 22,
35 Chapter 2025-190, Laws ofFlorida, that allocations be distributed over a ten-year period; that
36 the first 300 allocations be made available beginning January 1, 2026; and that 150 of the
37 remaining 600 be released every two years from January 1, 2028, through January 1, 2035.
38
39 The result, is the pro rata share (657) of the 900 allocations over a 10-year period as follows:
40
41 • 219 units between 1/1/2026 and 12/31/2027*
42 • 109.5 units between 1/l/2028 and 12/31/2030
43 • 109.5 units between 1/l/2031 and 12/31/2032
44 • 109.5 units between l/l/2033 and 12/31/2034
45 • 109.5 units between 1/1/2035 and 12/31/2036
46
BOCC 07.15.2026 Page 24 of 30
File 2025-017
I A distribution of 657 to Monroe County, 78% of the allocations will be reserved for market rate
2 workforce units, consistent with Chapter 2025-190, L.O.F., which requires prioritization of allocations
3 for owner-occupied residences, affordable housing, and workforce housing.
4
5 Modify purchase offers related to administrative relief
6 Language within the proposed amendment allows for increases in the value of offers for purchase of
7 property from fair market value to greater than fair market value as determined by the County's
8 appraisal. This increase in purchase power on behalf of the County may provide greater incentive for
9 property owners to sell. Additionally, the increase accounts for the high market value of land within the
10 Florida Keys and makes the County more competitive on the open market, specifically when resolving
11 pending administrative relief applications.
12
13 Remove the prohibition of awarding affordable ROGOs and early evacuation ROGOs to properties
14 within the V-zone.
15 In August 2024, the Affordable Housing Advisory Committee (AHAC) adopted Resolution 01-2024
16 providing several recommendations to the BOCC to encourage affordable housing within the County.
17 One of those recommendations is to remove the prohibition of allocating affordable ROGOs to
18 properties within the V-zone through text amendments to the Land Development Code [and
19 Comprehensive Plan]. The limited amount of land available coupled with competition from market rate
20 developments and opposition by property owners within close proximity to proposed developments have
21 limited opportunities for affordable housing development within the County.
22
23 During the community meeting, a member of the public raised concern over the potential increase cost
24 of development within the V-zone, including the cost of insurance for the developers and subsequent
25 occupants of the unit. The cost of any required insurance would be a decision for a developer to consider
26 when estimating the cost to develop a project. While property owners may be required to have flood
27 insurance such as all Citizens policyholders (by the year 2027); not all renters obtain renter's insurance
28 and not all renter's policies contain flood coverage.
29
30 Research conducted by staff indicates the main difference in renters' insurance between an AE flood
31 zone and a V-zone is that V-zone policies also address potential damage from waves and storm surges
32 due to their higher flood risk. V-zone policies may require more comprehensive coverage due to the
33 increased potential for risk.The cost of renter's flood insurance varies based on several factors,including
34 the flood zone's high-risk designation, coverage amount, and property-specific characteristics.
35
36 National Flood Insurance Program (NFIP) Rates: For renters, NFIP offers contents-only
37 flood insurance policies, covering personal belongings up to $100,000. In Florida, the average
38 cost of flood insurance (including both building and contents coverage) is approximately$781-
39 $964 per year, but contents-only policies for renters are significantly cheaper. NerdWallet cites
40 NFIP rates for contents-only coverage as low as $100 per year in low-risk zones,but in high-risk
41 VE zones, costs are higher due to the increased flood risk.
42 Private Insurers: Private flood insurance may offer competitive rates compared to NFIP,
43 sometimes with higher coverage limits and shorter waiting periods (under two weeks vs.NFIP's
44 30 days). Private policies for renters in VE zones might range from $300 to $800 per year,
45 depending on the insurer and coverage specifics. Bundling with renters' insurance through the
46 same provider could reduce costs.
47
48 Estimated Cost Range
49 For a renter in a VE zone in Monroe County seeking contents-only flood insurance:
BOCC 07.15.2026 Page 25 of 30
File 2025-017
1 • NFIP: $300—$600 per year for $50,0004100,000 in coverage, potentially reduced by CRS
2 discounts.
3 • Private Insurers: $300—$800 per year, with possible savings through bundling or higher
4 deductibles.
5 • Example: A renter insuring $50,000 in personal property in a VE zone might pay $400—$500
6 annually through NFIP, or $350—$600 through a private insurer, assuming no elevation
7 certificate or additional discounts.
8
9 Estimated Cost Range for Renters' Flood Insurance in AE Zone, Monroe County:
10 • Low-End(Minimal Coverage,NFIP with CRS Discount): $200—$350 per year
11 • Mid-Range (Moderate Coverage, NFIP or Private): $350—$600 per year
12 . High-End (Higher Coverage, Private or High-Risk ZIP): $600—$800 per year
13
14 It is important to note that renter's insurance does not cover vehicles; this type of coverage would fall
15 under a person's car insurance.
16
17 Develop associated definitions.
18 The proposed amendment includes amendments to the Glossary to implement the new ROGO category
19 and provide clarification for existing ROGO categories where appropriate.
20
21 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
22 County 2030 Comprehensive Plan. Specifically, it furthers:
23
24 GOAL 101
25 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
26 residents and visitors, and protect valuable natural resources.
27
28 Objective 101.2
29 As mandated by the State of Florida,pursuant to Section 380.0552,F.S. and Rule 28-20.140,F.A.C.,
30 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
31 hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning
32 Agency relative to the 2012 Memorandum of Understanding that has been adopted between the
33 County and all the municipalities and the State agencies.
34
35 Policy 101.2.1
36 Monroe County shall maintain a memorandum of understanding with the State Land Planning
37 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
38 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
39 variables and assumptions, including regional considerations, for utilizing the Florida Division of
40 Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME")
41 Model to accurately depict evacuation clearance times for the population of the Florida Keys.
42
43 Objective 101.3
44 Monroe County shall regulate new residential development based upon the finite carrying capacity
45 of the natural and man-made systems and the growth capacity while maintaining a maximum
46 hurricane evacuation clearance time of 24 hours.
47
48 GOAL 601
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I Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
2 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
3 population based on type, tenure characteristics, unit size and individual preferences. [F.S. §
4 163.3177(6)(f)l., 3.1
5
6 Policy 601.1.1
7 Monroe County shall maintain land development regulations, in conjunction with the Permit
8 Allocation System, for apportioning future affordable housing development.
9 Policy 601.1.4
10 All affordable housing projects which receive development benefits from Monroe County,including
11 but not limited to,ROGO allocation award(s)reserved for affordable housing,maximum net density,
12 or donations of land, shall be required to maintain the project as affordable for a period of 99 years
13 pursuant to deed restrictions or other mechanisms specified in the Land Development Code, and
14 administered by Monroe County or the Monroe County Housing Authority.
15
16 Policy 601.1.9
17 Monroe County shall maintain land development regulations which may include density bonuses,
18 impact fee waiver programs, and other possible regulations to encourage affordable housing.
19
20 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
21 Area, Section 380.0552(7), Florida Statutes.
22
23 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles
24 for guiding development and any amendments to the principles, the principles shall be construed as a whole and
25 no specific provision shall be construed or applied in isolation from the other provisions.
26 (a) Strengthening local government capabilities for managing land use and development so that local
27 government is able to achieve these objectives without continuing the area of critical state concern
28 designation.
29 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
30 wetlands,fish and wildlife, and their habitat.
31 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
32 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
33 their habitat.
34 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
35 development.
36 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
37 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
38 ensuring that development is compatible with the unique historic character of the Florida 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 major
41 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;
49 8. City electric service and the Florida Keys Electric Co-op; and
50 9. Other utilities, as appropriate.
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1 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and
2 replacement of stormwater management facilities; central sewage collection; treatment and disposal
3 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
4 disposal systems.
5 0) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
6 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
7 applicable, and by directing growth to areas served by central wastewater treatment facilities through
8 permit allocation systems.
9 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
10 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
11 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
12 manmade disaster and for a postdisaster reconstruction plan.
13 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
14 Florida Keys as a unique Florida resource.
15 (o) Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
16 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
17
18 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
19 Specifically, the amendment furthers:
20
21 163.3161(4),F.S.—It is the intent of this act that local governments have the ability to preserve and enhance
22 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the
23 public interest; overcome present handicaps; and deal effectively with future problems that may result from
24 the use and development of land within their jurisdictions. Through the process of comprehensive planning,
25 it is intended that units of local government can preserve, promote, protect, and improve the public health,
26 safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general
27 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks,
28 recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and
29 protect natural resources within their jurisdictions.
30
31 163.3161(6),F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal status set
32 out in this act and that no public or private development shall be permitted except in conformity with
33 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act.
34
35 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines, standards,and strategies
36 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of the
37 area that reflects community commitments to implement the plan and its elements. These principles and
38 strategies shall guide future decisions in a consistent manner and shall contain programs and activities to
39 ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
40 principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local
41 government's programs,activities,and land development regulations will be initiated,modified,or continued
42 to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the
43 inclusion of implementing regulations in the comprehensive plan but rather to require identification of those
44 programs, activities, and land development regulations that will be part of the strategy for implementing the
45 comprehensive plan and the principles that describe how the programs, activities, and land development
46 regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and
47 development of land and provide meaningful guidelines for the content of more detailed land development
48 and use regulations.
49
50 163.3177(6)(f), F.S. — 1. A housing element consisting of principles, guidelines, standards, and strategies to
51 be followed in:
52 a. The provision of housing for all current and anticipated future residents of the jurisdiction.
53 b. The elimination of substandard dwelling conditions.
BOCC 07.15.2026 Page 28 of 30
File 2025-017
1 c. The structural and aesthetic improvement of existing housing.
2 d. The provision of adequate sites for future housing,including affordable workforce housing as defined
3 in s. 380.0651(l)(h), housing for low-income, very low-income, and moderate-income families,
4 mobile homes, and group home facilities and foster care facilities,with supporting infrastructure and
5 public facilities. The element may include provisions that specifically address affordable housing for
6 persons 60 years of age or older. Real property that is conveyed to a local government for affordable
7 housing under this sub-subparagraph shall be disposed of by the local government pursuant to s.
8 125.379 or s. 166.0451.
9 e. Provision for relocation housing and identification of historically significant and other housing for
10 purposes of conservation,rehabilitation, or replacement.
11 f. The formulation of housing implementation programs.
12 g. The creation or preservation of affordable housing to minimize the need for additional local services
13 and avoid the concentration of affordable housing units only in specific areas of the jurisdiction.
14
15 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
16 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in part,
17 by the adoption and enforcement of appropriate local regulations on the development of lands and waters
18 within an area. It is the intent of this act that the adoption and enforcement by a governing body of regulations
19 for the development of land or the adoption and enforcement by a governing body of a land development code
20 for an area shall be based on,be related to, and be a means of implementation for an adopted comprehensive
21 plan as required by this act.
22
23 V. PROCESS
24
25 Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the
26 Planning Commission, the Director of Planning, or the owner or other person having a contractual
27 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
28 process applications as they are received and pass them onto the Development Review Committee and
29 the Planning Commission.
30
31 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
32 the application, the reports and recommendations of the Department of Planning & Environmental
33 Resources and the Development Review Committee and the testimony given at the public hearing. The
34 Planning Commission shall submit its recommendations and findings to the Board of County
35 Commissioners(`BOCC"). The BOCC holds a public hearing to consider the transmittal of the proposed
36 comprehensive plan amendment,and considers the staff report, staff recommendation, and the testimony
37 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land
38 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews
39 the proposal and issues an Objections,Recommendations and Comments ("ORC")Report. Upon receipt
40 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with
41 changes or not adopt the amendment.
42
43 VI. PROFESSIONAL STAFF RECOMMENDATION
44
45 Professional staff recommends approval of the proposed Comprehensive Plan amendments.
46
47 VIII.EXHIBITS
48
49 1. Transmittal Resolution
50 2. Draft Ordinance
BOCC 07.15.2026 Page 29 of 30
File 2025-017
1 1. December 17, 2025, Florida Cabinet Agenda Item
BOCC 07.15.2026 Page 30 of 30
File 2025-017
1 � EXHIBIT A TO RES. NO. -2026
2
Tr
a�
3lllr
5
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2026
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE
13 MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDING
14 THE GLOSSARY,THE PRIVATE PROPERTY RIGHTS ELEMENT,
15 THE FUTURE LAND USE ELEMENT, THE HOUSING ELEMENT,
16 AND THE INTERGOVERNMENTAL COORDINATION ELEMENT,
17 TO ESTABLISH A NEW ROGO ALLOCATION CATEGORY FOR
18 MARKET RATE WORKFORCE HOUSING AND ASSOCIATED
19 DEFINITIONS; AMENDING THE GOALS, OBJECTIVES AND
20 POLICIES RELATED TO THE REDISTRIBUTION OF ROGO
21 ALLOCATIONS AS IT RELATES TO ANNUAL RATE AND
22 PERCENTAGES AND/OR NUMBERS ASSIGNED TO
23 DESIGNATED CATEGORIES; TO CREATE A NEW TYPE OF
24 ROGO ALLOCATION; AND THE ACCEPTANCE OF UP TO 657
25 ROGO ALLOCATIONS APPROVED AND ESTABLISHED
26 THROUGH CHAPTER 2025-190, LAWS OF FLORIDA; AND
27 MODIFYING PURCHASE OFFERS RELATED TO
28 ADMINISTRATIVE RELIEF; BY AMENDING THE GLOSSARY
29 AND POLICY 2.2.5, OBJECTIVE 101.2, POLICY 101.2.1, POLICY
30 101.2.21 POLICY 101.2.3, POLICY 101.2.4, OBJECTIVE 101.3,
31 POLICY 101.3.1, POLICY 101.3.2, POLICY 101.3.3, POLICY 101.3.4,
32 POLICY 101.3.5, POLICY 101.3.10, POLICY 101.3.11, POLICY
33 101.3.12, POLICY 101.7.1, POLICY 102.4.3, OBJECTIVE 105.2,
34 POLICY 601.1.8, AND POLICY 1301.7.1; PROVIDING FOR
35 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
36 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
37 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
38 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN
39 THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
40 FOR AN EFFECTIVE DATE. (FILE 2025-017)
41
42
43 WHEREAS, at the December 19, 2024, and the October 15, 2025, Regular Commission
44 meetings, the Monroe County Board of County Commissioners ("BOCC") directed Planning and
45 Environmental Resources Department staff("Staff") to amend the Monroe County 2030
Ord._- 2026 Page 1 of 23
1 Comprehensive Plan and Land Development Code pertaining to the Rate of Growth Ordinance
2 (ROGO) allocation System; and
3
4 WHEREAS, on March 24, 2025, Department professional staff held a Community
5 Meeting in accordance with Land Development Code ("Code" or "LDC") Section 102-159(b)(3)
6 to discuss the proposed amendments to the Land Development Code and Comprehensive Plan,
7 and provide for public participation; and
8
9 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
10 considered the proposed amendment at a regularly scheduled meeting held on November 18,2025;
11 and
12
13 WHEREAS, on December 16, 2025, the Chair of the DRC signed Resolution No. DRC
14 21-25, recommending approval of the proposed Comprehensive Plan text amendment; and
15
16 WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a
17 public hearing on the 22"d day of April, 2026, for review and recommendation on the proposed
18 Comprehensive Plan text amendment; and
19
20 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P13-26
21 recommending approval with edits to scrivener's errors, as discussed during the hearing of the
22 proposed amendment; and
23
24 WHEREAS, at a regular meeting held on the July 15, 2026, the Monroe County Board of
25 County Commissioners held a public hearing to consider the transmittal of the proposed text
26 amendment, considered the staff report and provided public comment and public participation in
27 accordance with the requirements of state law and the procedures adopted for public participation
28 in the planning process; and
29
30 WHEREAS, at the July 15, 2026, public hearing, the BOCC considered the proposed
31 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning
32 Agency; and
33
34 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
35 Objections, Recommendations and Comments ("ORC")report on received by the
36 County on ; and
37
38 WHEREAS, the ORC report <did/did not> identify any objections,recommendations, or
39 comments; and
40
41 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
42 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
Ord._- 2026 Page 2 of 23
I WHEREAS, at a regularly scheduled meeting on the day of the
2 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
3 amendment;
4
5 WHEREAS, based upon the information and documentation submitted, the BOCC made
6 the following findings of fact and conclusions of law:
7 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
8 Monroe County Year 2030 Comprehensive Plan; and
9 2. The proposed amendment is consistent with the Principles for Guiding Development
10 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
11 3. The proposed amendment is consistent with Part 11 of Chapter 163,Florida,Statute; and
12 4. The proposed amendment will not result in an adverse change in community character
13 to the sub-area which a proposed amendment affects.
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
16 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
17
18 Section 1. Recitals and Leuislative Intent.The foregoing recitals,findings of fact,statements
19 of legislative intent, and conclusions of law are true and correct and are hereby
20 incorporated as if fully stated herein.
21
22 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows
23 (deletions are stri ke th-etigt,; additions are shown in underline. Text proposed
24 through File #2025-220 for deletion is shown in , additions
25 are shown in double underline.):
26
27
28 GLOSSARY
29 *****
30 A fordahle workforce housing means dwelling units for those who derive at least 70 percent of
3 t their income as members of the workforce in Monroe County and who meet the affordable housing
32 income categories of the Monroe County Code. Workforce means individuals or families who are
33 gainfully employed supplying goods and/or services to Monroe County residents or
34 visitors. Affordable workforce housing shall be interchangeable with the terms detached or
35 attached dwellings, employee housing or commercial apartments included in the land use districts
36 and shall be a permitted use in all land use districts where detached dwelling, attached dwellings,
37 employee housing or commercial apartments are included as a current permitted use. An applicant
38 choosing to develop affordable workforce housingis s subject to the requirements of Chapter 139
39 of the Land Development Code and all other requirements included in the Land Development
40 Code, including but not limited to density, parking, bufferyards, and access.
41 *****
42 Annual allocation period means the 12-month period beginning on n July 13, 1992, (the effective
43 date of the original dwelling unit allocation ordinance), and subsequent one-year periods (see
44 definition of ROGO year).
Ord._- 2026 Page 3 of 23
t *****
2 Market Nate workforce housing means dwelling units for those who derive at least 70 percent of
3 their income as members of the workforce in Monroe County. Workforce means individuals or
4 families who are gainfully employed supplying_goods and/or services to Monroe County residents
5 or visitors. Market rate workforce housing shall be interchangeable with the terms detached or
6 attached dwellings, or commercial apartments included in the land use districts and shall be a
7 permitted use in all land use districts where detached dwelling, attached dwellings, or commercial
8 apartments are included as a current permitted use. An applicant choosing to develop market rate
9 workforce housing shall be subject to a deed restriction limiting occupancy to members of the
10 workforce for a period of 99 years and shall comply with all other requirements included in the
11 Land Development Code, including but not limited to density,parking, buffeiyards, and access.
12 *****
13 ROGO Year means the 12-month period beginning on July 13, 1992, (the effective date of the
14 original dwelling unit allocation ordinance), and subsequent one-.periods (see definition of
15 Annual Allocation Period).
16 *****
17
18 State Land Planning Agency means the Florida Department of Commerce (FloridaCommerce),
19 formerly the Department of Economic Opportunity (DEO), f0ffflefly and the Department of
20 Community Affairs.
21 *****
22
23 Workforce means individuals or families who are gainfully employedpplying goods and/or
24 services to Monroe County residents or visitors.
25
26 *****
27
28 2.2 - PRIVATE PROPERTY RIGHTS ELEMENT
29
30 *****
3 t Policy 2.2.5
32 In local decision making,.- Monroe County shall consider the State-imposed growth limits and
33 private property rights protection provisions, including the following factors:
34 1. The Florida Keys are designated as an Area of Critical State Concern (ACSC)by the
35 State Legislature, pursuant to Section 380.05. F.S. This ACSC designation gives the
36 State oversight authority over development in the Florida Keys and limits the number
37 of residential housing building permits that Monroe County and its municipalities may
38 issue each year.
39 2. The State imposes these growth restrictions in order to provide for the safety of
40 residents in the event of a hurricane evacuation and to protect the significant natural
41 resources of statewide importance in the Florida Keys ACSC.
42 3. As a direct result of the State's legislative and administrative growth restriction
43 mandates.,Monroe County and municipalities have adopted local ordinances, such as
44 Rate of Growth Ordinance (ROGO), to fairly and competitively allocate the limited
45 number of residential housing building permits.
Ord._- 2026 Page 4 of 23
1 4. The most recent hurricane modeling completed in 241-2 2025 by the State Land
2 Planning Agency Depa.*MeHt OfEGORE)f iG OPPOA+11 ;-y mEn),pursuant to 8-
3 20.140, F n r 380.0552(9), F.S and Chapter 2025-190, Laws of Florida (L.O.F.),
4 found that no more than 10 FS' W E)Fth of building Per 4S (a Mahiffittm Of
5 900 ROGO allocations shall be issued for the Florida Keys without
6 exceeding the statutory maximum allowed 24.5-hour evacuation clearance. Chapter
7 2025-190, LOF, further requires:
8 • The permit allocations must be distributed to counties and municipalities based
9 on the number of vacant buildable lots within each jurisdiction; and
10 • The permit allocations must be distributed over a period of at least 10 years but
11 may not exceed 900 total permit allocations; and
12 • All permits must be issued for vacant, buildable parcels, of which only one may
13 be awarded for any individual parcel; and
14 • The distribution of which must prioritize allocations for owner-occupied
15 residences, affordable housing, and workforce housing
16
17 , sitting as �he State Admiiiistt:ati
183,550 building
19 ,
20 time of 24 hours,
21
22 ,
23 5. The State of Florida and Monroe County may face significant liability because the
24 number of undeveloped, privately-owned parcels in the Florida Keys ACSC far
25 exceeds the remaining residential housing building permit allocations.
26 6. On janttafy 22,
28 additien_al thf:@@ (3) ye—Ar-s 4em- 2023 toz�26; pfeviding the County and stat€
29
30
31
33 3.1 - FUTURE LAND USE
34
35 ******
36 Objective 101.2
37 As mandated by the State of Florida,pursuant to Section 380.0552, F.S. ara Rule 28 20.140,
38 Fes, and to maintain the public health, safety, and welfare, Monroe County shall maintain
39 a maximum hurricane evacuation clearance time of 24.5 hours and will coordinate with the
40 State Land Planning Agency relative to hurricane evacuation modeling. the i
41
42 .
43
44 Policy 401.2
Ord._- 2026 Page 5 of 23
I
2 , lslamoFada, Key
3 , based an pfafessionally aeeepta
4 ,
5
6 ('TIME")
7 elo e t
8
9 Policy 101.211
10 Monroe County shall coordinate with all the municipalities, the State Land Planning
1 t Agency and Division of Emergency Management to update the variables and assumptions
12 for the evacuation clearance time modeling and analyses of the build-out capacity of the
13 Florida Keys Area of Critical State Concern based upon the release of the decennial
14 Census data.ufscrai4t to thou 20-1- o=1'u0_,1_1_Atro_A_ ti4-4-4-€
15 ,
16 the h.,, R, y m alloeate_10 �,�s' wo-t of g w th (i 97 x 10 — 1,970 alloeatioi4s, P-7
17 a��� e d baseR-H Rule, 29 20.140, > n r ) tL -..,,g the ea icy iyh
18
19
20 2M6 ,ithat4 o edif ., the total of 1,970 all`.ea4i fis (see Policy 1 0 2 24 The County
21 shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for
22 hurricane evacuation clearance time requirement standards; and 2) new hurricane
23 evacuation modeling by the State Land Planning Agency and Division of Emergency
24 Management_;and )a .—Sed fflemo,.and+i,., of, r defstanding with the Sta
25 ,
26 Key West, Key!''oleiiy Beaeh .,....a T a-yto (see Policy 10 7 1 l
27
28 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.4211,
29 Monroe County shall establish a new allocation category to accept and award 300
30 affordable workforce housing early evacuation unit building permit allocations pursuant
3t to the Affordable Workforce Housing Initiative (Policy 101.3.4211
32 Workforce Initiative), also known as the Department of Economic OpportunitY's Keys
33 Workforce Housing Initiative approved by the Administration Commission on June 13,
34 2018. These allocations are in addition to the maximum allocations identified in Chapter
35 2025-190, L.O.F., and shall be required to evacuate in Phase 1 of the 48-hour evacuation
36 as provided for in Policy 101.2.3 of a pending m r h,,ffieane
37
38 Policy 101.232
39 The County will consider capital improvements based upon the need for improved
40 hurricane evacuation clearance times, including potential impacts from sea level rise to
41 the County's evacuation route. The County will coordinate with the FDOT, the state
42 agency which maintains U.S. 1, to ensure transportation projects that maintain and
43 improve clearance times are prioritized.
44
45 Policy 101.2.43
Ord._- 2026 Page 6 of 23
I In the event of a pending major hurricane (Category 35) Monroe County shall
2 implement the following staged/phased evacuation procedures to achieve and maintain
3 an overall 24.5 hour hurricane evacuation clearance time for the resident population.
4 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
5 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
6 vessels (transient and non-transient), military personnel, units approved, and deed
7 restricted as affordable workforce housing early evacuation units from the Florida
8 Keys shall be initiated. State parks and campgrounds should be closed at this time or
9 sooner and entry into the Florida Keys by non-residents should be strictly limited.
10 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
11 of mobile home residents, special needs residents, and hospital and nursing home
12 patients from the Keys shall be initiated.
13 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
14 evacuation of permanent residents by evacuation zone (described below) shall be
15 initiated. Existing evacuation zones are as follows:
16 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-
17 6)
18 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
19 c)Zone 3 -West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
20 63)
21 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection
22 (MM 63-106.5 and MM 1-9.5 of CR 905)
23 e) Zone 5 - 905A to, and including,Ocean Reef(MM 106.5-126.5)
24 The actual sequence of the evacuation by zones will vary depending on the individual
25 storm. The concepts embodied in 4vis these staged evacuation procedures should be
26 embodied in the appropriate County operational Emergency Management Plans.
27
28 The evacuation plan shall be monitored and updated on an annual basis to reflect
29 increases, decreases and or shifts in population;particularly the resident and non-resident
30 populations.
31
32 For the purpose of implementing Policy 101.2.43, this Policy shall not increase the
33 number of allocations beyond those specified in the table in Policy 101.3.2, to move tLA44
34 197 the�:�e-xt a�ixflits a ye-at:except for affordable housing.Any increase in the number
35 of allocations shall be for affordable housing. Monroe County hereby accepts 300
36 affordable workforce housing early evacuation unit building permit
37 allocations pursuant to the MIE)444ee Affordable Workforce Housing Initiative (Policy
38 101.3.4-211 Workforce Initiative) authorized by the Flefid Administration Commission,
39 Chapter 2023-17, Laws of Florida. and the State Land Planning egncv_
40 These early evacuation allocations are in addition to
41 the maximum allocations identified in Rule-s 28-20, F.A.C., and shall be restricted to
42 rental occupancy for those who derive at least 70% of their income as members of the
43 workforce in Monroe County and who meet the affordable housing income categories of
44 the Monroe County Land Development Code. The early evacuation allocations shall be
45 required to evacuate in Phase 1 of the 48-hour evacuation as provided in Policy 001.2.43
Ord._- 2026 Page 7 of 23
I . No new additional residential dwelling unit allocations
2 shall be authorized within the Phase 1 of the 48-hour evacuation unless approved and
3 provided by the Administration Commission and the State Land Planning Agency
4 after review of hurricane evacuation
5 modeling results by the State Land Planning Agency and the Division of Emergency
6 Management of available evacuation capacity and a review of the level of service and
7 available capacity for all public facilities.
8
9 Objective 101.3
10 Monroe County shall regulate new residential development based upon the finite carrying
11 capacity of the natural and man-made systems and the growth capacity while maintaining a
12 maximum hurricane evacuation clearance time of 24.5 hours.
13 Policy 101.3.1
14 Monroe County shall maintain a Permit Allocation System for new residential
15 development known as the Residential Rate of Growth Ordinance (ROGO) System. The
16 Permit Allocation System shall limit the number of permits issued for new residential
17 dwelling units. The ROGO allocation system shall apply within the unincorporated area
18 of the county, excluding areas within the county mainland and within the Ocean Reef
19 planned development (Future development in the Ocean Reef planned development is
20 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
21 recognized and issued by the Department of Community Affairs). New residential
22 dwelling units included in the ROGO allocation system include the following: affordable
23 housing units; market rate dwelling units; market rate workforce housing units; mobile
24 homes; institutional residential units (except hospital rooms) and affordable workforce
25 housing early evacuation units.
26
27 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
28 a distinct location, and therefore cannot be accounted for in the County's hurricane
29 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
30 or associated wet slips be transferred upland or converted to a dwelling unit of any other
3 t type. Vessels or associated wet slips are not considered ROGO allocation awards and
32 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
33 Exemption).
34
35 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
36 units; and seasonal residential units are subject to Policy 101.3.5.
37
38 For purposes of this Policy,the redevelopment or replacement of any lawfully established
39 unit within the Venture out community, which is located in the Lower Keys at MM23 on
40 Cudjoe Key, that does not increase the number of units, above that which existed on or
41 before January 4, 1996, shall be exempt from the permit allocation (ROGO) system.
42 Policies 101.3.5 and 101.6.8 shall not apply to Venture Out, and the units within Venture
43 Out may be developed as either detached dwelling, mobile home or recreational vehicle
44 use through the approval of a building permit, provided the following are met:
Ord._- 2026 Page 8 of 23
I 1. To not increase the hurricane evacuation clearance time of permanent residents,
2 in the event of a pending major hurricane (Category 35), a mandatory
3 evacuation of all occupants of units within Venture Out, regardless of unit type,
4 is required at least 48 hours in advance of tropical storm winds. Approximately
5 48 hours in advance of tropical storm winds,a mandatory evacuation of occupants
6 residing in a permanent unit shall be initiated and a mandatory evacuation of both
7 the occupants of recreational vehicles (RVs) and the RVs shall be initiated;
8 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of
9 detached dwelling (permanent), mobile home (permanent) and recreational
10 vehicles (transient)uses may occur only within the gated Venture Out community
11 with a managing entity responsible for evacuation;
12 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
13 prohibited;
14 4. Recreational Vehicles must meet all land development regulations, floodplain
15 management regulations and any building code requirements for recreational
16 vehicles;
17 5. A recreational vehicle must have current licenses required for highway travel, be
18 attached to the site only by the quick disconnect-type utilities, and no permanent
19 additions such as sun rooms or state rooms shall be permitted;
20 6. Notwithstanding the transfer provisions within Policy 101.6.8,no unit,regardless
21 of use type,within the Venture Out community may be transferred to another site
22 outside of the Venture Out community; and
23 7. In no case shall recreational vehicles (transient units) be developed as a
24 hotel/motel.
25
26 Policy 101.3.2
27 The number of permits issued for residential dwelling units under the Rate of Growth
28 Ordinance shall not exceed a total of 1,970 i4ew allocations for the time period of July 13,
29 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
30 ROGO year and 300 affordable workforce housing early evacuation unit building permit
31 allocations authorized by the FloFida Administration Commission, Chanter 2023-17.
32 Laws of Florida. and the State Land Planning A e
33 Off.A ROGO year means the twelve-month period beginning on July 13.Market
34 rate allocations shall not to exceed 126 residential units per ROGO year. Unused and/or
35 expired allocations for market rate shall be available for Administrative Relief.
36
37 in 2012, Ito Rule 29 20.140, F.A.G., the State Land Plccm ing - eftey
38
39 '
40
41 [3,979
42 1; 393Tret: 11, 260 Tie,- 4! A (SPA); 3,301 Tie,- H!, and z 5 No tier-(ORGA, et .cam a�
43 with 1,970 new allaeations this may fesult in a balanee of 6,199
44
45
46 ,
Ord._- 2026 Page 9 of 23
I fer-mar-ket r-8 e development to extend the alleeation fimeftame to 2026 and is aeeepting
2 300 affbFdable wor4ifer-ee (aff-44Alo) hotising ea-Fly evae-uation tiflit btfilding pefffli
3 alleeations �he AleAEfar-ee Affordable Hatising lnifia4ive (Pakey 101.3.1-2
4 AffeFdable luogifeFee laitiative) ai#hor-ized by the Flefida Administfution Gommissionj
5 Ghaotef 2023 17. Le-ws of Flefida and State Land PlEttitflffig Agene
6 Opp@r4tioit . These aff-efdable woFkfaFee housing ea4y
7 evaetfa4ian allaeations that are in addifien to the tRftxif1+U1ffi btlildifig -PetffiA allaea4i
8 identified in PWIes 28 20, F.A.G. The Gotint-y will eanside-F adepting an extended
9 ti-m-P-44F-Affi-e-, -f4-44-: of the, ROGO thirough 2033 Wi-t-h- ---mitt
10 f4l4a-RGial St+PPO-Ft 40M it-S S t-AW, Affin-d-F@def a!paf fiq-pffs. T-his pf evide a sak-ty
11 niet to the Gaunty and pt:ovide- addition-Al tiffl-e to implement lan(4 ae"isiti-A-m-n- ffln-d o
12 Stfategies to-redu re,-0,Uhve dem-a-44-d--fA-4-:-R-0-G-0- -Al-h-40--eat-i eas and 14@lp 4ansition la44d 44te p4l
13 WA'fief:Ship.
14
15 The Gounty is aetively ongaged ift ae"isitions and is Fe"esting its State--. -And -Fed-ea,
16 PaA440fS f0f Mlith iMP1094014414g la44d a6"jSjtj0-n-'S 414- Nl-A--14-r-00 GOU145'.
17 ah-po 1,970 fiew d-welling tmit a-l-le-e-atia-fis; ahrough july 12, 2026. if
18 fiflaneial suppoi4 is pr-evided by July 12, 2023, the County will r-eevalua4e th-e-
19 ROGO distfibt4ian alloea4ien sehe&le and eansidei: an eaeiided timeftame fe
20 dis4ibt4ion of market m4e alleea4ions (tht:attgh a eempFehensive plan amendment�
21 Fta4her-, the State and GatiR4y shall develop a fflutually agfeeable position defendi
22 iRA,et:se eandeffination eases and Bei4 j. 14ar+is, jF. P-Fivate PFepefty Righ4s Pr-eteelioa
23 eases, with the sta4e ha;Ang aft aetive role both dit:eetly and finaneially in the defens
24 Sueh eases.
25
26 The County shall distribute ROGO allocations for July 13, 2013, through July 12, 2026
27 by ROGO year, as provided in the table below.
..............
Annual Allocation
ROGO Year Affordable Affordable Workforce
Market Rate Housing (AFH) Housing Early
Evacuation Initiative
July 13, 2013-July 12, 2014 126 71
July 13, 2014-July 12, 2015 126 71
July 13, 2015-July 12, 2016 126
July 13, 2016-July 12, 2017 126 N/A
July 13, 2017-July 12, 2018 126
July 13, 2018-July 12, 2019 126 568 total AFH
(total available
July 13, 2019-July 12, 2020 126 immediately)
July 13, 2020-July 12, 2021 64
July 13, 2021-July 12, 2022 64 300**
July 13, 2022-July 12, 2023 64 1
Ord. 2026 Page 10 of 23
Ord._- 2026 Page 10 of 23
July 13, 2023—July 12, 2024 62
July 13, 2024—July 12, 2025 62
July 13, 2025—July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes a total of twenty annual affordable ROGO allocations for the Big Pine Key/No Name
Key subarea) through the Incidental Take Permit(ITP) ending in 2026.
**Affordable workforce housing early evacuation unit building p� allocations shall be
available countywide (unincorporated county) in the Upper and Lower Keys subareas and
distributed on a first-come first-serve basis. Requests for dwelling units developed and/or deed-
restricted utilizing the affordable workforce housing early evacuation unit building permit
allocations are subject to the provisions of Policy 101.3.11 and Policy 113.1.11.
Notes:
1. In March 2013, the Governor and Cabinet, sitting as the State Administration Commission,
approved the recommendation to allocate no more than 3,550 building permits (1,970
permits to Monroe County) while maintaining an evacuation clearance time of 24 hours,
through the year 2023. The State of Florida specifically allowed the issuance of up to 197
building permits per year for new residential development(Rule 28-20.140, F.A.C.), within
unincorporated Monroe County_
2. On January 22, 2020, the Monroe County Board of County Commissioners adopted
Ordinance No. 005-2020 and Ordinance No. 006-2020 to extend the remaining market rate
ROGOs out for an additional three (3) years from 2023 to 2026; providing the County and
State additional time to distribute ROGO allocations while the new hurricane evacuation
model runs are completed based on the 2020 Census; and to implement other strategies to
help transition land into public ownership reducing the potential takings claims and
addressing the overall future build-out of the Florida Keys.
3. In 2021, the County accepted 300 affordable workforce housing early evacuation unit
building permit allocations pursuant to the Affordable Workforce Housing Initiative (Policy
101.3.11 Affordable Workforce Initiative) authorized by the Administration Commission
and the Department Economic Opportunity through Ordinance No. 005-2021. These
affordable workforce housing early evacuation allocations are in addition to the maximum
building permit allocations identified in Rule 28-20, F.A.C.
1
2
3 +4etig1, the ineidental Take Permit (IT-12) ending i 2023
4 **
5
6 eeme first serve basis. ReErdests faf dwellifig ttnits developed a-ndlaf deed F-estr-ieted t4ilizing �he
7
8 1201iey 101.3.12.
9 , may medify the-, A444411A]
10
Ord._- 2026 Page 11 of 23
I Beginning on July 13, 2026, following the hurricane modeling completed in 2025 by the State
2 Land Planning Agency, the number of permits issued for residential dwelling units under the Rate
3 of Growth Ordinance shall be no more than those specified in the table below,plus any available
4 unused ROGO allocations from a previous ROGO year, and any of the remaining 300 affordable
5 workforce housing early evacuation unit building permit allocations authorized by the
6 Administration Commission, Chapter 2023-17, Laws of Florida, and the State Land Planning
7 Agency. Unused and/or expired market rate and market rate workforce allocations shall be
8 available for Administrative Relief.
9
10 The County shall distribute these ROGO allocations by ROGO year,as provided in the table below:
11
Annual Allocation Market Market Rate Affordable Affordable Workforce
Period Rate Workforce Total Housing Housing Early Evacuation
AFH Initiative
July 13, 2026— 0 0 0
July 12 20271 — — —
July 13, 2027— 24 195 219
July 12 2028
July 13, 2028 — 12 42 54
July 12 2029
July 13, 2029— 12 43 55
July 12 2030
July 13, 2030— 12 42 54 Allocations
July 12 2031 — — — returned
July 13, 2031 — 12 43 55 from 300*
July 12 2032 — — — reservations
July 13, 2032— 12 43 55 or other.
July 12 2033
July 13, 2033 — 12 43 55
July 12 2034
July 13, 2034— 12 43 55
July 12 2035
July 13, 2035 — 12 43 55
July 12 2036
Total 120 537 657
*Affordable workforce housing early evacuation unit building permit allocations shall be available
countywide (unincorporated county) in the Upper and Lower Keys subareas and distributed on a first-
come first-serve basis. Requests for dwelling units developed and/or deed-restricted utilizing the
affordable workforce housing early evacuation unit building permit allocations are subject to the
provisions of Policy 101.3.11 and Policy 113:1.11.
0 allocations awardedpending the effective date of Comprehensive Plan amendment.
Ord._- 2026 Page 12 of 23
1 The State and County shall develop a mutuallyagreeable position defending inverse condemnation
2 cases and Bert J. Harris, Jr. Private Property Rights Protection Act cases, with the State having an
3 active role both directly and financially in the defense of such cases.
4
5 Policy 101.3.3
6 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by
7 the State of Florida,pursuant to Administration Commission Rules, to affordable housing units as
8 part of ROGO. Any portion of the allocations not used for affordable housing shall be retained and
9 be made available for affordable housing from ROGO year to ROGO year. Affordable housing
10 eligible for this separate allocation and affordable workforce housing early evacuation units shall
11 meet the criteria specified in Policy 601.1.4 and the Land Development Code(LDC),but shall not
12 be subject to the competitive Residential Permit Allocation and Point System in Policy 101.6.4.
13 Any parcel proposed for affordable housing or affordable workforce housing early evacuation
14 units shall not be located within an area designated as Tier I as set forth under Goal 105 or within
15 a Tier III-A Special Protection Area as set forth in Policy 205.1.1.
16
17 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing ROGO
18 allocations may be awarded to Tier I or Tier III-A properties which meet all of the following
19 criteria:
20 1. The property contains an existing market rate dwelling unit that meets the criteria in
21 LDC Section 138-22(a) and is determined to be exempt from ROGO;
22 2. The proposed replacement affordable dwelling unit meets current Florida Building
23 Code and is not a mobile home;
24 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least
25 99 years as affordable housing pursuant to the standards of the Land Development
26 Code; and
27 4. The proposed site plan for the replacement affordable dwelling unit does not propose
28 any additional clearing of habitat.
29
30 Policy 101.3.4
31 The Permit Allocation System (or Rate of Growth Ordinance) for new residential development
32 shall specify procedures for:
33 1. establishing the annual number of pefmits-allocations for new residential units to be
34 issued during the next ROGO year based upon,but not limited to the following:
35 a. expired allocations and building permits in previous year;
36 b. allocations available, but not allocated in previous year;
37 c. number of allocations borrowed from future qua-i4efs allocation periods;
38 d. vested allocations;
39 ,
40 fe. modifications required or provided by this plan or agreement pursuant to Chapter
41 380, Florida Statutes; ffffd
42 gf. receipt or transfer of affordable housing allocations by intergovernmental
43 agreement; and
Ord._- 2026 Page 13 of 23
t hg. receipt or transfer of allocations pursuant to the 2025 Florida Keys
2 Hurricane Evacuation Modeling Report. zn'�neaae Ev.,ou atio Glea-a v
3 Time Meffiefandum of Under-standing.
4 2. allocation of affordable housing, affordable workforce housing early evacuation units
5 building permit allocations. aiid market rate housing units and market rate workforce
6 housing units in accordance with Policies 101.3.2 and 101.3.3_;
7 3. timing of the acceptance of applications, evaluation and scoring of applications, and
8 issuance of permits for new residential development during the calendar year.
9 4. The BOCC may, at its discretion, reserve by resolution some or all of the available
10 market rate workforce allocations for county-sponsored or coordinated programs
1 t and/or to be distributed at a later date with the approval of the BOCC.
12
13 Policy 101.3.5
14 Due to the limited number of allocations and the State's requirement that the County maintain a
15 maximum hurricane evacuation clearance time of 24.5 hours, Monroe County shall prohibit new
16 transient residential allocations for hotel or motel rooms, and any lock-out units, campground
17 spaces, or spaces for parking a recreational vehicle or travel trailer until hily 2026 July 12, 2036.
18 Lawfully established transient units shall be entitled to one unit for each type of unit in existence
19 before January 4, 1996, for use as a ROGO exemption.
20
21 *****
22
23 Policy 101.3.10
24 Notwithstanding any other provision of the Plan, except the last sentence of this Policy 101.3.10,
25 building allocations utilized for affordable housing projects may be pooled and transferred
26 between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO subarea, and between
27 local government jurisdictions within the Florida Keys Area of Critical State Concern (ACSC).
28 Any such transfer of affordable housing allocations between local government jurisdictions must
29 be accomplished through an interlocal agreement between the sending and receiving local
30 governments. Interlocal agreements that involve assigning the County's affordable housing (not
3t including affordable housing allocations banked for takings cases) allocations to existing dwelling
32 units within a municipality with a requirement that the associated market rate ROGO/BPAS
33 exemptions be transferred into the unincorporated County as an exchange for the affordable
34 housing allocations transferred to the municipality, shall be accomplished through a minor
35 conditional use permit approval and shall be subject to the receiver site criteria in Policy 101.6.8
36 and may be transferred to any subarea within the unincorporated County.
37
38 In no event shall the County;
39 (1) pool and transfer affordable workforce housing early evacuation unit building permit
40 allocations between ROGO sub-areas,
41 (2)transfer affordable workforce housing early evacuation unit building permit allocations
42 to another government jurisdiction,
43 (3) receive affordable workforce housing early evacuation unit building allocations from
44 another government jurisdiction73 or
Ord._- 2026 Page 14 of 23
1 (4) transfer affordable housing ROGO allocations received by the County in exchange for
2 affordable workforce housing buildinpermit early evacuation unit allocations to
3 another government jurisdiction.
4
5 Notwithstanding Policy 101.3.10(2), affordable workforce early evacuation unit building permit
6 allocations may be transferred to another government jurisdiction for County-initiated affordable
7 housing projects within incoMorated cities, as approved by an interlocal agreement as approved
8 by the BOCC.
9
10 Policy 101.3.11
11
12
13Commission's
14
15 '
16 -alle-e-Ati&RIS 4em. . thea, City of Key West to Mem:oe County shall h-e. m.-Ade, -ava-flablea, feff
17 ,
18
19
20 AdmifiistfeAion Commission and the State Land Plann fig AgeB-o�Flor-idda P@rRomon
21
22 .,
and shall be r-e"ir-ed to evaetiate in Phase 1 of the 48 4-
23 .
24
25 Policy 101.3.4-211
26 Affordable Workforce Housing Early Evacuation Initiative. To support Monroe County's
27 workforce by alleviating constraints on affordable housing, to protect private property rights and
28 address potential liability, the County is participating in the Workforce-Affordable Housing
29 Initiative (Workforce Initiative), as approved during the June 13, 2018 meeting of the
30 Administration Commission. Monroe County accepts the 300 affordable workforce housing early
31 evacuation building permit allocations pursuant to the Workforce-Affordable Housing Initiative
32 authorized by the Flefid Administration Commission, Chapter 2023-17, Laws of Florida. and the
33 State Land Planning AgenL . The Workforce-
34 Affordable Housing Initiative will require dwelling units constructed and/or deed restricted with
35 affordable workforce housing early evacuation building permit allocations to evacuate occupants
36 in Phase 1 of the 48-hour evacuation as provided for in Policy 101.2.3
37 , and pursuant to the criteria below_7
38
39 To participate in the Workforce Initiative, Monroe County shall be responsible for the
40 management, distribution, and enforcement of requirements associated with the affordable
41 workforce housing early evacuation building permit allocations. Monroe County shall ensure
42 adherence to these requirements through implementation of this policy and shall annually provide
43 to the State Land PlanningAv a report indicating
44 the number of affordable workforce housing early evacuation units built and/or deed restricted,
45 occupancy rates, and compliance with the requirement to evacuate the units in Phase I of an
Ord._- 2026 Page 15 of 23
1 evacuation. The annual report shall be provided to the State in a timely manner such that the State
2 may include the information in the required Annual Report to the r.._. I ra ` �'MFI@4 Florida
3 Administration Commission on the County's progress toward completion of its Work Program
4 pursuant to Rule 28-20, F.A.C.
5
6 Dwelling units developed and/or deed restricted utilizing the affordable workforce housing early
7 evacuation unit building permit allocations are subject to the following:
8 (a) Requests for affordable workforce housing early evacuation unit building=permit
9 allocations
10 require a reservation via BOCC resolution. The BOCC
11 may, at its discretion,place conditions on any reservation as it deems appropriate such
12 as establishing the income categories for allocations ranted. ,
13 ,
14
15
16 , , ift
, appf-a-ve the
17 ftoosing unit
18
19
20
21
22
23 t o r, i a �; rd tO
24 ,
25 "
26 42we 29 20.140,2,, ,
27
28
29 iflooffie pool*
30
31Wegffy
32
33
34
35
36
37
38 ,
39
40
41 ,
42
43 shall
44
45
Ord._- 2026 Page 16 of 23
I (ob) All affordable workforce housing early evacuation units require a deed-restriction
2 ensuring:
3 (1) Before any building permit may be issued for any structure, portion or phase of
4 a project subject to the Workforce Initiative, a restrictive covenant shall be
5 approved by the Planning Director and County Attorney and recorded in the
6 Office of the Clerk of the County to ensure compliance with the provision of this
7 section running in favor of the County and enforceable by the County and, if
8 applicable, a participating municipality. The following requirements shall apply
9 to these restrictive covenants:
10 a. The covenants for any affordable workforce housing early evacuation
11 units shall be effective for 99 years.
12 b. The covenants shall not commence running until a certificate of
13 occupancy has been issued by the Building Official for the dwelling unit
14 or dwelling units to which the covenant or covenants apply.
15 c. For existing dwelling units that are deed-restricted as affordable
16 workforce housing early evacuation units, the covenants shall commence
17 running upon recordation in the Official Records of Monroe County.
18 (2) The covenants shall require that the affordable workforce housing early
19 evacuation units to be restricted to rental occupancy for those who derive at least
20 70% of their income as members of the workforce in Monroe County and who
21 meet the affordable housing income categories of the Monroe County Land
22 Development Code. The occupants are required to annually verify their
23 employment and income eligibility.
24 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hour
25 evacuation as provided for in Policy 101.2.3 .
26 Persons living in the affordable workforce housing early evacuation units who
27 may be exempted from evacuation requirements are limited to law enforcement,
28 correctional and fire personnel, health care personnel, and public employees
29 with emergency management responsibilities. If there is an occupant that
30 indicates their employment is considered a 'first-responder position' and not
31 included in the list of exemptions above, then the Planning Director shall
32 determine, in writing, whether the person may be exempted because of a
33 requirement to remain during an emergency. Any person claiming exemption
34 under this provision shall submit of an affidavit of qualification and faithfully
35 certify their status with the onsite property management.
36 (4)The covenants shall require rental agreements which contain a separate disclosure
37 requiring rental occupants to acknowledge the existing restrictive covenant on
38 the unit requiring evacuation in Phase 1 of the 48-hour evacuation and that
39 failure to adhere to the Phase I evacuation requirement could result in severe
40 penalties, including eviction, to the occupant.
41 (5) The covenants shall require onsite property managers and a separate employment
42 disclosure requiring the maintenance of training in evacuation procedures and
43 an acknowledgement that failure to adhere to the Phase I evacuation
44 requirement could result in severe penalties, including termination.
Ord._- 2026 Page 17 of 23
1 (kc) Affordable Wworkforce housing early evacuation units shall be restricted to rental
2 occupancy for those who derive at least 70% of their income as members of the
3 workforce in Monroe County and who meet the affordable housing income
4 categories of the Monroe County Land Development Code. Workforce means
5 individuals or families who are gainfully employed supplying goods and/or services
6 to Monroe County residents or visitors.
7 (ed) Affordable Wworkforce housing early evacuation units shall require onsite property
8 management with property managers trained in evacuation procedures and required
9 to manage the evacuation of tenants in Phase I of an evacuation. During traditional
10 working hours, the property manager must be at an office within the affordable
11 workforce housing early evacuation unit development subject property. Outside the
12 traditional working hours, the property manager must be available at all times to
13 respond to evacuation orders.
14 (fie) The property management entity for the affordable workforce housing early
15 evacuation units shall be required to annually verify the employment and income
16 eligibility of tenants; report the total units on the site, the occupancy rates of units,
17 and tenant compliance with the requirement to evacuate the units in Phase I of an
18 evacuation, including the number of occupants that are exempt from the evacuation
19 requirements. The property management entity must submit a report to the Planning
20 and Environmental Resources Department by May 1 of each year. Further,each lease
21 and this annual report shall be kept by the property manager and be available for
22 inspection by the County during traditional working hours.
23 (gff) Affordable Wworkforce housing early evacuation units shall be located within an
24 area designated as Tier III.
25 (fig) Affordable Wworkforce housing early evacuation units shall not be located in the
26 V Zone at:within a Coastal Barrier Resource System (CBRS).
27 (ih) Affordable Wworkforce housing early evacuation units shall be located on a property
28 which has all infrastructure available (potable water, adequate wastewater treatment
29 and disposal wastewater meeting adopted LOS,paved roads, etc.).
30 O All affordable workforce housing early evacuation units must demonstrate
3t compliance with all applicable federal standards for accessibility for persons with
32 disabilities (ADA Compliance).
33 (ki) To the greatest extent practicable, a development utilizing affordable workforce
34 housing early evacuation unit building=permit allocations shall incorporate
35 sustainable and resilient design principles into the overall site design and be
36 a6G0SSibI0 tO Offlplffffleflt 6014OFS in Key West, Steek island and MaFa
37 kl To the greatest extent practicable, a development utilizing affordable workforce
38 housing early evacuation unit building permit allocations shall be located in close
39 proximity to employment centers in Key West, Stock Island and Marathon.
40 (1) For developments owned or operated by a government agency or public housing
41 authority, property management is not required to be located onsite as indicated in
42 Policy 101.3,114-2.but must be available at all times to respond to evacuation orders.
43 However, the government agency or public housing authority will oversee and
44 coordinate requested evacuation of the residents and must be available at all times to
45 respond to evacuation orders.
Ord._- 2026 Page 18 of 23
2 Policy 101.7.1
3 Monroe County, the state, or other acquisition agency may, upon a property owner's request, offer
4 to purchase the property for an amount ,greater than fair market value (as determined by the
5 County's appraisal) in consideration of the added expense the owners have invested in time,
6 design,permitting, and carryin c� or permit the minimum reasonable economic use of the
7 property, if the property owner meets the following conditions:
8 1. they have been denied considered but have failed to receive an allocation award for
9 four successive years in the Residential (ROGO) or Nonresidential (NROGO) Permit
10 Allocation System;
11 2. their proposed development otherwise meets all applicable county, state, and federal
12 regulations;
13 3. their allocation application has not been withdrawn;
14 4. they have complied with all the requirements of the Residential or Nonresidential
15 Permit Allocation System; and
16 5. they follow the procedures for administrative relief contained in the land development
17 regulations.
18
19 Administrative relief purchases that are made by Monroe County, the state or any acquisition
20 agency at greater than fair market value are not intended to inflate or otherwise influence the local
21 real estate market. Administrative relief purchases should be considered as unqualified b, the
22 Monroe County Property Appraiser and other appraisers, and not comparable to non-
23 administrative relief sales of property with the same land use, tier, and development potential.
24
25 As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any
26 residentially zoned parcel of record which was buildable immediately prior to the effective date of
27 the Plan, no less than a single-family residence.
28 A purchase offer is the preferred option for administrative relief, if the subject permit is for
29 development located within:
30 1. a designated Tier I area or within the Florida Forever (or its successor) targeted
31 acquisition areas (unless, after 60 days from the receipt of a complete application for
32 administrative relief, it has been determined no county, state or federal agency or any
33 private entity is willing to offer to purchase the parcel);
34 2. a designated Tier II or III-A (Special Protection Area); or-,
35 3. a designated Tier III area on a non-waterfront lot for affordable housing..-, workforce
36 housing, density reduction, or conservation, where appropriate; or
37 4. a designated Tier III area on a waterfront lot or parcel with protected habitat, for
38 conservation, where appropriate.
39
40 Refusal of the purchase offer by a property owner shall not be grounds for the granting of
41 a ROGO or NROGO allocation award.
42
43 An application for administrative relief may be denied based upon any one of the following
44 findings by a special magistrate or the Board of County Commissioners:
45 1. The applicant previously filed an inverse condemnation or other private property rights
46 claim or cause of action that gave rise to a final judgment or order of dismissal issued
Ord._- 2026 Page 19 of 23
I by a court of competent jurisdiction in Monroe County's favor, and said claim or cause
2 of action involved the same property and issues of fact that underlie the application for
3 administrative relief,
4 2. A court of competent jurisdiction likely would determine that the failure of the
5 applicant to qualify for an allocation award has not caused a taking of the property
6 (whether such liability, at the time of application under this policy, is likely to be
7 established by a court of competent jurisdiction should be determined based on
8 applicable statutory, regulatory, and case law at the time the application is considered
9 under this policy);
10 3. The property retains a practicable economically beneficial use despite its failure to
11 qualify for an allocation award;
12 4. The applicant previously received an offer from a local, state, or federal governmental
13 agency to purchase the property at its fair market value that was rejected by the
14 applicant; or
15 5. The failure of the applicant to qualify for an allocation award can be attributed to laws
16 or regulations that are imposed or mandated by an agency of the federal government.
17 *****
18 Policy 102.4.3
19 Monroe County shall maintain and implement a land acquisition program in recognition of the
20 critical need for the County to aggressively address the imbalance between development
21 expectations of private property owners and the finite carrying capacity of the natural and man-
22 made systems in the Florida Keys. Pursuant to Section 380.0552,F.S. ,lid Rule 29 20.140,F n C
23 this policy recognizes the public safety concern of maintaining a maximum hurricane evacuation
24 clearance time of 24.5 hours.
25
26 *****
27 Objective 105.2
28 Monroe County shall maintain, with assistance of the state and federal governments, a 20-year
29 Land Acquisition Program to: 1) secure funding for environmentally sensitive lands; 2) retire
30 development rights on privately-owned vacant lands to limit further sprawl and equitably balance
31 the rights of property owners with the long-term sustainability of the Keys man-made and natural
32 systems; and, 3) secure and retain lands suitable for affordable housing. This objective
33 recognizes the finite limits of the carrying capacity of the natural and man-made systems in the
34 Florida Keys to continually accommodate further development and the need for the significant
35 expansion of the public acquisition of vacant developable lands and development rights to
36 equitably balance the rights and expectations of property owners. This includes the recognition
37 that Monroe County must ensure public safety through the ability to maintain a 24.5-hour
38 hurricane evacuation clearance time.
39 *****
4o 3.6- HOUSING
41 *****
42 Policy 601.1.8
43 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
44 established by the State of Florida, pursuant to Administration Commission Rules, to affordable
45 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate
Ord._- 2026 Page 20 of 23
1 allocation must meet the criteria established in the Land Development Code. Monroe County may
2 award 300 additional building permit allocations designated as affordable workforce housing early
3 evacuation units pursuant to the `a'e„tee-Affordable Workforce Housing Initiative (Policy
4 101.3.11-2 Workforce Initiative) as provided by the Flot:id Administration Commission, Chanter
5 2023-17, Laws of Florida These building
6 allocations are in addition to the maximum allocations identified in Rules 28-20, F.A.C.,
7 are restricted to rental occupancy for those who derive at least 70% of their income as members of
8 the workforce in Monroe County and who meet the affordable housing income categories of the
9 Monroe County Land Development Code, and shall be required to evacuate in Phase 1 of the 48-
10 hour evacuation as provided for in Policy 101.2.3 of a rorR,rn aiaj h,,r+
11
12 *****
13
14 3.13 -INTERGOVERNMENTAL COORDINATION
15
16 *****
17
18 Porky i 30 .7.i
19 .,
20 ,
21 , Key Colony Beaeh
22 ,
23 2012.
24 *****
25
26 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or
27 ambiguities, within this Ordinance or between this Ordinance and the Monroe
28 County Code of Ordinances, Florida Building Code, Monroe County Land
29 Development Code, floodplain management regulations, Comprehensive Plan, or
30 any other approval of the Monroe County Board of County Commissioners,
31 Monroe County Planning Commission, Monroe County Planning and
32 Environmental Resources Department, or other department or office of Monroe
33 County, the rule, regulation, law, provision, and/or text more restrictive shall
34 always apply and control.
35
36 Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions
37 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
38 County Codes, Florida Statutes, and floodplain management regulations whose
39 interpretation arise out of, relate to, or are interpreted in connection with this
40 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
41 and such interpretation shall be entitled to great weight in adversarial administrative
42 proceedings, at trial, in bankruptcy, and on appeal.
43
44 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
45 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
46 or unenforceable in or by any administrative hearing officer or court of competent
Ord._- 2026 Page 21 of 23
I jurisdiction, the invalidity or unenforceability of such provision, or any part or
2 portion thereof, shall neither limit nor impair the operation, enforceability, or
3 validity of any other provision of this Ordinance, or any remaining part(s) and/or
4 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
5 and/or portion(s) thereof, shall continue unimpaired in full force and effect.
6
7 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
8 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
9 shall not repeal the repealing clause of such ordinance or revive any ordinance
10 which has been repealed thereby.
11
12 Section 7. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
13 the State Land Planning Agency pursuant to Chapter 163 and 380,Florida Statutes.
14
15 Section 8. Filing and Effective Date. This Ordinance shall be filed in the Office of the
16 Secretary of the State of Florida but shall not become effective until a notice is
17 issued by the State Land Planning Agency or Administration Commission finding
18 the amendment in compliance with Chapter 163, Florida Statutes, and after any
19 applicable challenges have been resolved.
20
21 Section 9. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
22 in the Monroe County Comprehensive Plan. The numbering of the foregoing
23 amendment may be renumbered to conform to the numbering in the Monroe County
24 Comprehensive Plan.
25
26 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
27 at a regular meeting held on the day of ,
28
29 Mayor Michelle Lincoln, District 2
30 Mayor Pro Tem David Rice, District 4
31 Commissioner Craig Cates, District 1
32 Commissioner James K. Scholl, District 3
33 Commissioner Holly Merrill Raschein, District 5
34
35
36 BOARD OF COUNTY COMMISSIONERS
37 OF MONROE COUNTY, FLORIDA
38
39 BY:
40 MAYOR MICHELLE LINCOLN
41
42 (SEAL)
43
44 ATTEST: KEVIN MADOK, CLERK
Ord._- 2026 Page 22 of 23
1
2 AS DEPUTY CLERK
Ord._- 2026 Page 23 of 23
2 ,Y / 18 3
3
5
6
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 RESOLUTION NO. -2026
10
11 A RESOLUTION APPROVING THE TRANSMITTAL OF AN
12 ORDINANCE, TO THE STATE LAND PLANNING AGENCY AN
13 ORDINANCE, ADOPTING AMENDMENTS TO THE MONROE
14 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE
15 GLOSSARY, THE PRIVATE PROPERTY RIGHTS ELEMENT, THE
16 FUTURE LAND USE ELEMENT, THE HOUSING ELEMENT,AND
17 THE INTERGOVERNMENTAL COORDINATION ELEMENT, TO
18 ESTABLISH A NEW ROGO ALLOCATION CATEGORY FOR
19 MARKET RATE WORKFORCE HOUSING AND ASSOCIATED
20 DEFINITIONS; AMENDING THE GOALS, OBJECTIVES AND
21 POLICIES RELATED TO THE REDISTRIBUTION OF ROGO
22 ALLOCATIONS AS IT RELATES TO ANNUAL RATE AND
23 PERCENTAGES AND/OR NUMBERS ASSIGNED TO DESIGNATED
24 CATEGORIES; TO CREATE A NEW TYPE OF ROGO
25 ALLOCATION; AND THE ACCEPTANCE OF UP TO 657 ROGO
26 ALLOCATIONS APPROVED AND ESTABLISHED THROUGH
27 CHAPTER 2025-190, LAWS OF FLORIDA; AND MODIFYING
28 PURCHASE OFFERS RELATED TO ADMINISTRATIVE RELIEF;
29 BY AMENDING THE GLOSSARY AND POLICY 2.2.5, OBJECTIVE
30 101.2, POLICY 101.2.1. POLICY 101.2.2, POLICY 101.2.3, POLICY
31 101.2.4, OBJECTIVE 101.3, POLICY 101.3.1, POLICY 101.3.2,
32 POLICY 101.3.3,POLICY 101.3.4,POLICY 101.3.5,POLICY 101.3.10,
33 POLICY 101.3.11, POLICY 101.3.12, POLICY 101.7.1, POLICY
34 102.4.3, OBJECTIVE 105.2, POLICY 601.1.8,AND POLICY 1301.7.1;
35 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
36 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL
37 TO THE STATE LAND PLANNING AGENCY AND THE
38 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
39 INCORPORATION IN THE MONROE COUNTY
40 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
41 DATE.'
42
43
44 WHEREAS, the Monroe County Board of County Commissioners (`BOCC", "Board",
45 "Monroe County", or the "County") conducted a public hearing for the purpose of considering the
' Monroe County Planning and Environmental Resources Department File No. 2025-017.
Resolution -2026 Page 1 of 2
BOCC Transmittal:File No. 2025-017
46 instant transmittal, pursuant to the State Coordinated Review Process in Florida Statutes §
47 163.3184(4), to the State Land Planning Agency for objections,recommendations and comments,
48 and to the other reviewing agencies as defined in Florida Statutes Section 163.3184(1)(c), for
49 review and comment on a proposed amendment to the Monroe County Comprehensive Plan as
50 described above; and
51
52 WHEREAS,the Monroe County Planning Commission and the Monroe County Board of
53 County Commissioners support the transmittal of the requested Comprehensive Plan amendment;
54
55 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
�6 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
58 Section 1. Recitals. The foregoing recitals, findings of fact and conclusions of law are true
59 60 and correct and are hereby incorporated as if fully stated herein.
61 Section 2. The Monroe County Board of County Commissioners does hereby adopt the
62 recommendation of the Planning Commission to transmit the draft ordinance,
63 attached as Exhibit A., for review of the proposed Comprehensive Plan Text
65 amendment.
66 Section 3. The Monroe County Board of County Commissioners does hereby transmit the
67 proposed amendment to the State Land Planning Agency for review and comment
68 in accordance with the State Coordinated Review process pursuant to Section
699 163.3184(4), Florida Statutes.
70
71 Section 4. Monroe County professional staff is/are given authority to prepare and submit the
72 required transmittal letter and supporting documents for the proposed amendment
33 in accordance with the requirements of Section 163.3184(4), Florida Statutes.
75 Section 5. The Cleric of the Board is hereby directed to forward a certified copy of this
76 resolution to the Director of Planning.
77
78 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
�90 Florida, at a regular meeting held on the 15th day of July, 2026.
81 Mayor Michelle Lincoln, District 2
82 Mayor Pro Tem David Rice, District 4
83 Commissioner Craig Cates, District 1
84 Commissioner James K. Scholl, District 3
055 Commissioner Holly Merrill Raschein, District 5
87 BOARD OF COUNTY COMMISSIONERS
88 OF MONROE COUNTY, FLORIDA
89
90 By:
91 Mayor Michelle Lincoln
92 (SEAL)
rws�r�Ew�
tOJORM
MONAOE� �9�dNT Ary
95 By: pafl .
96 AS DEPUTY CLERK-
Resolution -2026 Page 2 of 2
BOCC Transmittal:File No. 2025-017
AGENDA
FLORIDA DEPARTMENT OF COMMERCE
MEMBERS
Governor Ron DeSantis
Attorney General James Uthmeier
Chief Financial Officer Blaise Ingoglia
Commissioner Wilton Simpson
December 10, 2025
1. Authorization of additional building permit allocations in the Florida Keys Area
pursuant to section 22, Chapter 2025-190, Laws of Florida and updated hurricane-
evacuation modelling. Further, direct the Department of Commerce to work with the
local governments in the Florida Keys Area to facilitate any necessary comprehensive
plan amendments.
ATTACHMENT 1
Background:
1. The 2025 Florida Legislature amended section 380.0552(9)(a)2., Florida Statutes, to
increase the hurricane evacuation clearance time from 24 hours to 24.5 hours. Further,
section 22, Chapter 2025-190, Laws of Florida, provides:
"[t]he Department of Commerce shall conduct baseline modeling scenarios
and gather data in order to determine a number of building permit allocations
to be distributed in the Florida Keys Area based upon the hurricane evacuation
clearance time provided in s. 380.0552(9)(a), Florida Statutes, as amended by
this act. The permit allocations must be distributed to counties and
municipalities based on the number of vacant buildable lots within each
jurisdiction. The permit allocations must be distributed over a period of at
Least 10 years but may not exceed 900 total permit allocations. All permits
must be issued for vacant, buildable parcels, of which only one may be
awarded for any individual parcel, and the distribution of which must prioritize
allocations for owner-occupied residences, affordable housing, and
workforce housing."
2. As required by section 22, Chapter 2025-190, Laws of Florida, the Department
conducted the baseline scenario modeling.
3. Based on the modelingthe Department has identified thatthe 900 allocations authorized
by section 22, Chapter 2025-190, Laws of Florida, can be received by the local
governments in the Florida Keys Area without exceeding the 24.5-hour evacuation time
Limit set forth in section 380.0552(9)(a)2., Florida Statutes.
4. The County, in consultation with the municipalities, performed an analysis to identifythe
total number of vacant, buildable parcels throughout the Florida Keys Area. Of the
vacant, buildable parcels identified by the local governments, the modeling supports
that 1,700vacant buildable parcels can receive allocations.
5. Following review, the Department performed an additional analysis to identify the total
number of vacant, buildable parcels throughout the Florida Keys Area. Of the vacant,
buildable parcels identified bythe Department,the modeling supports that 1,610 vacant
buildable parcels can receive allocations.
6. As of December 2025, there are 273.17 unused Rate of Growth Ordinance allocations,
and 363.2 unused early evacuation workforce housing allocations currently distributed
throughout the Florida Keys Area for a total of 636.37 total unused allocations.
Recommended Action
Allocation:The Department received the vacant, buildable parcel analysis performed bythe
local governments and used that as a basis and comparison point for its own analysis. Based
on the collaborative efforts of the local governments and the Department, the Department
recommends the following scenario to distribute the additional 900 allocations, consistent
with section 22, Chapter 2025-190, Laws of Florida.
Local Government Allocation
Islamorada 72
Key West 36
Marathon 135
Monroe County 657
Tota l 900
Distribution: The Department also recommends that, consistent with the requirement set
forth in section 22, Chapter 2025-190, Laws of Florida,that allocations be distributed over a
ten-year period; that the first 300 allocations be made available beginning January 1, 2026;
and that 150 of the remaining 600 be released everytwo years from January 1, 2028,through
January 1, 2035.
The Department further recommends that as each tranche of allocations are distributed to
the local governments, that each local government receive a pro rata share of those
allocations, based upon the conclusion of the Department's analysis of the total number of
vacant, buildable parcels within each local government's jurisdiction, as supported by the
updated hurricane evacuation study.
Further Implementation: Based on the current available allocation stock in the County and
the municipalities,the Department recommends that the Administration Commission direct
the Department to work collaboratively with the County and each municipality to prioritize
amendments to those local government's comprehensive plans to accept the new 900
allocations and fully utilize any previous allocations.