Ordinance 044-2000
ORDINANCE No.044 - 00
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST S 0
FILED BY THE PLANNING DEPARTMENT TO AMEND ?;5("")5;
THE MONROE COUNTY LAND DEVELOPMENT gf;:~
REGULATIONS, SEC. 9.5-4, DEFINITIONS; SEC 9.5-241, g~:
OFFSHORE ISLAND DISTRICT; SEC. 9.5-242.5 IMPROVED ~::o;x
SUBDIVISION-TOURIST HOUSING; AND SEC.9.5-534;<!~.~
VACATION RENTAL USES. THESE CHANGES CLARIFY",' >
r- -,
WHERE AND HOW V ACA TION RENTALS MA Y BEt.. ,.:;,
PERMITTED, REQUIRE A LICENSED V ACA TION RENTAL
MANAGER FOR EACH UNIT, AND PROVIDE FOR
ENHANCED ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND DIRECTING THE CLERK OF THE BOARD TO
FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS.
WHEREAS, the Monroe County Board of Commissioners held a public hearing
on June 14, 2000, conducted a review and consideration of the request filed by the
Planning Department to amend the Monroe County Land Development Regulations, Sec.
95-4, Definitions; Sec.5-241, Offshore Island District; Sec. 9.5-242.5 Improved
Subdivision Tourist Housing; and Sec.9.5-534 Vacation Rental Uses, and finds that the
amendments will provide improvements for the implementation of the vacation rental
regulations while continuing to offer protection to single family neighborhoods; and
WHEREAS, the Monroe County Board of County Commissioners on February
3, 1997 adopted Ordinance no. 004-1997, Vacation Rentals, which clarified the existing
prohibition on short term rentals (less than 28 days) of single family homes within
improved subdivisions and other residential districts and provided a process whereby
vacation rentals could be allowed in some land use districts; and
WHEREAS, the Vacation Rental Ordinance became effective on December 4,
1998 after the DCA FinaI Order was issued; and
WHEREAS, the Board of County Commissioners requested the Planning
Commission to review and recommend changes to the vacation rental requirements in
the Land Development Regulations (LDR) in response to concerns raised at a November
1999 Commission meeting; and
WHEREAS, The Monroe County PIanning Commission met on December 15,
1999, considered changes to the existing regulations based on responses to their request
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Initials
Amendment to Vacation Rental Ordinance
V ACRORD.02/LDR Page 1 of 12
for written public comments; and directed the planning department to prepare
amendments to the Land Development Regulations; and
WHEREAS, the Planning Commission, during special meetings on March 1 and
April 4, 2000 conducted public hearings in Marathon and Key Largo on the proposed
amendments; and
WHEREAS, the Monroe County Planning Commission held a public hearing on
April 12, 2000 and recommends the approvaI of the request.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 09.5-4 of the Land Development Regulations shall read as follows:
Sec. 9.5-4. Definitions.
(V -5) Vacation rental or unit means an attached or detached dwelling unit that is rented, leased
or assigned for tenancies of less than twenty-eight (28) days duration. Vacation rental use does
not include hotels, motels, and RV spaces, which are specifically addressed in each district.
Section 2. Section 9.5-241 of the Land Development Regulations shall read as follows:
Sec. 9.5-241. Offshore Island District.
(a) The following uses are permitted as of right in the Offshore Island District:
(1) Detached residential dwellings;
(2) Camping, for the personal use of the owner of the property on a
temporary basis;
(3) Beekeeping;
(4) Accessory uses; and
(5) Home occupations--Special use permit requiring a public hearing.
(6) Tourist housing uses which were established (and held valid state
public lodging establishment licenses) prior to January 1, 1996.
Vacation rental use, of a dwelling unit in existence as of January
1, 2000, if a special vacation rental permit is obtained under the
regulations established in Sec. 9.5-534.
Amendment to Vacation Rental Ordinance
V ACRORD,02/LDR Page 2 of 12
Initials
Section 3. Section 9.5-242.5 of the Land Development regulations shall read as follows:
Sec. 9.5-242.5 Improved Subdivision District - Vacation Rental District
In addition to the as of right and conditional uses listed above in 9.5-242, vacation rental
uses are allowed as of right (subject to the reguIations established in Code ~9.5-534) in
those Improved Subdivision - Vacation Rental Districts with the sub-indicator V
(Vacation Rental).
A map amendment designating a contiguous parcel as IS- V may be approved, provided
that the map amendment application (and subsequent building permit applications and
special vacation rental permit applications) meet the following standards, criteria and
conditions:
(a) The IS-V designation is consistent with the 2010 Comprehensive Plan and there
is no legitimate public purpose for maintaining the existing designation.
(b) The IS- V designation allowing vacation rental use does not create additional
trips or other adverse traffic impacts within the remainder of the subdivision or
within any adjacent IS district;
(c) The parcel to be designated IS- V must contain sufficient area to prevent spot-
zoning of individual parcels (i.e., rezonings should not result in spot-zoned IS- V
districts or result in spot-zoned IS districts that are surrounded by IS-V districts).
Unless the parceI to be rezoned contains the entire subdivision there will be a
rebuttable presumption that spot-zoning exists, but the Board of County
Commissioners may rebut this presumption by making specific findings
supported by competent, substantial evidence that:
i) the designation preserves, promotes and maintains the integrity of
surrounding residential districts and overall zoning scheme or
comprehensive plan for the future use of surrounding lands;
ii) does not result in a small area of IS- V within a district that prohibits
vacation rentals;
iii) the lots or parcels to be designated IS- V are all physically contiguous and
adjacent to one another and do not result in a narrow strip or isolate
pockets or spots of land that are not designated IS-V, or which prohibit
vacation rentals; and
iv) The IS- V designation is not placed in a vacuum or a spot on a lot-by-lot
basis without regard to neighboring properties, but is a part of an overall
area that allows vacation rentals or similar compatible uses.
Amendment to Vacation Rental Ordinance
V ACRORD.02/LDR
Page 3 of 12
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(d) In addition to the requirements contained in Code ~9-.5-377 (District
Boundaries), an IS- V district shall be separated from any established residential
district that does not allow tourist housing or vacation rental uses by no less than
a class C bufferyard;
(e) Vacation rental use is compatibIe with established Iand uses in the immediate
vicinity of the parcel to be designated IS-V; and
(f) Unless a map amendment is staff generated (i.e., initiated by Monroe County), an
application for a map amendment to IS- V shall be authorized by the property
owner( s) of all lots (or parcels) included within the area of the proposed map
amendment.
Section 4. Section 9.5-534 of the Land Development regulations shall read as follows:
Sec. 9.5-534 Vacation rental uses.
(a) Special vacation rental permit. An owner or agent is required to obtain an annual
special vacation rental permit for each dwelling unit prior to renting any dwelling
unit as a vacation rental, as defined in Code ~ 9.5-4 (V-5), except as provided for
under Section 9.5-534(b). A special vacation rental permit is nontransferable
between owners. A change of ownership of the vacation rental unit shall require
the new owner or his agent to obtain a new vacation rental permit for the
residential dwelling unit.
(b) Exemptions, A vacation rental permit is not required for the followin~
(1) A vacation rental of a dwelling unit located within a controlled access,
gated community with a homeowner's or property owner's association
that expressly regulates or manages vacation rental uses; or
(2) A vacation rental of a dwelling unit within a multifamily building located
within a multi-family district, which has 24 hour on-site management or
24 hour on site supervision that has received an exemption from the
planning director. To meet these site management or supervision
requirements, a designated individual or individuals must be physically
located within the building or within 300 feet of the subject building and
must be available at all times to respond to tenants' and neighbors'
complaints. To obtain an exemption under the provisions of this section,
the owner or agent must submit an application to the planning department
in a form prescribed by the planning director.
(c) Vacation rental manager license. A vacation rental manager license is required
from the county planning department for an individual to be a vacation rental
manager under the provisions of this section. The vacation rental manager shall
be: (i) the designated contact for responding to complaints made by neighbors
Amendment to Vacation Rental Ordinance
V ACRORD.02/LDR
Page 4 of 12
Initials
against vacation rental tenants; and (ii) responsible for maintaining the guest
register, leases, and official complaint response records for a vacation rental unit
as required by this section.
(d) Permit, license and fees.
(1) Special vacation rental permits will be issued by the planning director, or
designee, upon payment of a nonrefundable fee and submittal of a
complete application in a form prescribed by the planning director in
accordance with Section 9.5-534 (t).
(2) Vacation rental manager licenses will be issued by the planning director,
or designee, upon payment of a nonrefundabIe fee and submittal of a
complete application to the planning department in a form prescribed by
the planning director.
(3) The annuaI fees for the special vacation rental permit and vacation rental
manager license shall be established by resolution of the board of county
commissioners.
(4) A decision to approve or deny a special vacation rental permit can be
appealed to the planning commission within (30) days pursuant to Code
section 9.5-521.
(e) Regulations. All special vacation rental units, requiring a special vacation rental
permit shall comply with the following regulations at all times:
(1) No more than one motorized watercraft, including a jet ski or wave
runner, shall be allowed at each vacation rental unit. The watercraft may
be moored at either an existing on-site docking facility or stored on a
trailer in an approved parking space.
(2) Vehicles, watercraft and trailers shall not be placed on the street or in
yards. All vehicles, watercraft and boat trailers must be parked or stored
off-street in parking spaces specifically designated and approved in the
special vacation rental permit. One vehicle parking space shall be
required per bedroom or efficiency unit and one boat trailer space per
vacation rental unit.
(3) No boat docked at a vacation rental property shall be chartered to a
person other that registered guests of the vacation rental unit or used for
live-aboards, sleeping or overnight accommodations. In addition,
recreation vehicles shall not be used for sleeping or overnight
accommodations at the vacation rental unit.
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V ACRORD,Q2/LDR
Page 5 of 12
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(4) Occupants shall be prohibited from making excessive or boisterous noise
in or about any residential dwelling unit at all times. Noise, which is
audible beyond the boundaries of the residential dwelling unit, shall be
prohibited between the hours of 10:00 p.m. and 8:00 a.m. week days and
11 :00 p.m. and 9:00 a.m. on weekends.
(5) All trash and debris on the vacation rental property must be kept in
covered trash containers. Each vacation rental unit must be equipped with
at least four (4) covered trash containers for such purpose. Owners must
post, and occupants must comply with, all trash and recycling schedules
and requirements applicable to the vacation rental unit. Trash containers
must not be placed by the street for pick-up until 6:00 p.m. the night
before pick-up and must be removed from the area by the street by 6:00
p.m. the next day.
(6) A Tenant(s) 's agreement to the forgoing rules and regulations must made
a be part of each and every lease under Florida Statutes ~509.01 for any
vacation rental unit subject to the provisions of this section. These
vacation rental regulations governing tenant conduct and use of the
vacation rental unit shall be prominently posted within each dwelling unit
subject to the provisions of this section along with the warning that
violations of any of the vacation rental regulations constitutes a violation
of Monroe County Code subject to fines or punishable as a second degree
misdemeanor and is also grounds for immediate termination of the lease
and eviction from the leased premises and criminal penalties under F.S. ~
509.151 ("Defrauding an Innkeeper"), F.S. ~ 509.141 ("Ejection of
Undesirable Guests"), F.S. ~ 509.142 ("Conduct on Premises) or F.S. ~
509.143 (Disorderly Conduct on Premises, Arrest").
(7) The owner or agent shall require a lease to be executed with each
vacation rental use of the property and maintain a guest and vehicle
register listing all vacation rental occupants' names, home addresses,
telephone numbers, vehicle license plate and watercraft registration
numbers. Each lease and this register shall be kept by the vacation rental
manager and available for inspection by Monroe County code
enforcement personnel during business hours.
(8) Vacation rental units must be registered, licensed and meet all applicable
state requirements contained in Florida Statutes Chapter 212 (Florida Tax
& Revenue Act) and 509 (Public Lodging Establishments) as
implemented by the FIorida Administrative Code, as may be amended.
(9) The vacation rental use must comply with all State of Florida Department
of Health and State of Florida Department of Environmental Protection
standards for wastewater treatment and disposal.
Amendment to Vacation Rental Ordinance
V ACRORD.02/LDR
Page 6 of 12
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(10) All vacation rental units shall have a vacation rental manager or
managers, who has been issued a vacation rental manager license by the
planning department as provided for in Section 9.5-534 (h). The vacation
rental manager shall reside within and be licensed for that section of the
County (upper, middle, and lower keys) where the vacation rental unit is
located and be available twenty-four (24) hours per day, seven (7) days a
week for the purpose of promptly responding to complaints regarding
conduct or behavior of vacation rental occupants or alleged violations of
this section. Any change in the vacation rental manager shall require
written notification to the planning department and notification by
certified return mail to property owners within three hundred (300) feet
of the subject dwelling.
(11) Complaints to the vacation rental manager concerning violations by
occupants of vacation rental units to this ordinance shall be responded to
within one hour. The neighbor who made the complaint shall be
contacted by telephone or in person and informed as to the results of the
actions taken by the manager. A record shall be kept of the complaint
and the manager's response for a period of at least three months after the
incident, which shall be available for inspection by the Monroe County
Code Enforcement Department during business hours.
(12) The name, address, and telephone number of the vacation rental
manager(s), the telephone number of County code enforcement
department and the number of the special vacation rental permit shall be
posted and visibIe from the front property line of the vacation rental unit.
(13) The Tenants Agreement with the rules of conduct shall be posted in a
conspicuous Iocation in each vacation rental unit.
(f) Special vacation rental permit application. A complete special vacation rental
permit application shall include the following:
(1) The complete legal description, street address, RE number and location of
the vacation rental unit.
(2) Proof of ownership and the name, address and telephone number of each
and every person or entity with an ownership interest in the dwelling
unit.
(3) An approved Florida State Department of Health or Florida State
Department of Environmental Protection inspection or certification of the
adequacy of the sewage disposal system for use as a vacation rental unit.
(4) The gross square footage of the dwelling unit, location and number of
rooms, bedrooms, bathrooms, kitchens, apartments, parking spaces and
Amendment to Vacation Rental Ordinance
V ACRORD,02/LDR
Page 7 of 12
Initials
any other information required to determine compliance with vacation
rental requirements and compliance with this chapter.
(5) A valid and current Florida Department of Revenue sales tax
identification number under Florida Statutes Chapter 212 ( Florida Tax
and Revenue Act) and a valid and current permit, license or approval
under Florida Statutes Chapter 509 (Public Lodging Establishments).
(6) The name, address, and telephone number of the vacation rental manager,
including the vacation rental manager's license number.
(7) The applicant shall sign a written statement granting authorization to
Monroe County code enforcement department to inspect the premises of
the vacation rental unit prior to the issuance of the special vacation rental
permit and at any other time after issuance of such permit, concerning
compliance with the Monroe County Code Chapter 9.5 (i.e. the Land
Development Regulations).
(8) The application shall bear the signature of alI owner(s), all authorized
agent(s) and authorized manager(s) of the owner(s).
(9) Any additional information required to determine compliance with the
provisions of this section.
(g) Notification to adjacent neighbors and permit, approval, issuance and appeal,
(1) The applicant or agent shall send a "Notice of Vacation Rental Use
Application" by certified return mail to all property owners located
within three hundred (300) feet of the dwelling unit which is the subject
of the speciaI vacation rentaI permit application, not less than thirty (30)
days prior to the date of approval of the application. The notice of
application shall be in a form prescribed by the planning director or his
designee and shall clearly state the name, address and day/evening
telephone numbers of each and every vacation rental manager, agent,
caretaker and owner of the dwelling unit; the number of the Monroe
County code enforcement department; and a copy of the Tenants
Agreement. Notice to the adjacent property owners must include the
following statement:
"You have the right to appeal a decision to approve or deny this special
vacation rental permit to the planning commission within thirty (30) days
under Code section 9.5-521. You may have other rights that Monroe
County cannot enforce. Review of a special vacation rental permit
application by Monroe County will consider the existence of valid
private deed restrictions, restrictive covenants or other restrictions of
record which may prohibit the use of the dwelling unit for vacation rental
Amendment to Vacation Rental Ordinance
V ACRORD,02/LDR
Page 8 of 12
Initials
purposes. You may wish to consult an attorney concerning these private
rights. "
(2) The applicant or agent shall provide proof to the planning department of
submitting the "Notice of Vacation Rental Use Application." The special
vacation rental permit shall not be issued until proof of this notification is
provided and the special vacation rental permit has been approved by the
planning director after compIetion of an on-site inspection of the subject
dwelling unit by the code enforcement department. When approved by
the planning director, the special vacation rental permit shall not be
issued until thirty (30) days after the notices of application were sent to
all property owners located within three-hundred (300) feet of the
dwelling unit that is the subject of the permit.
(h) Fines or revocation of special vacation rental use permit. A special vacation
rental permit shall be revoked by the planning commission and/or fines levied by
the code enforcement special master or a court of competent jurisdiction after a
finding of a violation by the permit holder of this section, the special vacation
rental permit or permit conditions or any material misrepresentation on the
permit application, after the owner(s) is given notice and a hearing is held by the
planning commission, code enforcement special master or a court of competent
jurisdiction.
(i) Duration and renewal of special vacation rental use permit, Special vacation
rental use permits shall expire one (1) year after the date of their issuance, unless
renewed within thirty days of their expiration date. Renewal of a special
vacation use permit requires the owner or agent to submit an application in a
form prescribed by the planning director to the pIanning department and payment
of a nonrefundabIe fee, including proof of a current license and registration
under Chapter 509 and Chapter 212, Florida Statutes.
(j) Vacation rental manager license application, issuance, renewal, jines, and
revocation.
(1) An individual shall submit an application for a vacation rental manager
license in a form prescribed by the planning director accompanied with a
payment of a nonrefundable fee. The license shall be issued for a period
of one (1) year and renewable annually. The license shall be for only one
specific section of the County (upper, middle, or lower keys) and no
individual shall apply for or be issued more than one vacation rental
manager license at a time.
(2) After notice is given to the vacation rental manager and a public hearing
is held, a vacation rental manager license shall be revoked by the
planning commission and/or fines levied by the code enforcement special
master or court of competent jurisdiction upon a finding of~ a total of two
Amendment to Vacation Rental Ordinance
V ACRORD,02/LDR
Page 9 of 12
Initials
or more "no responses" to complaints registered by the public concerning
tenants not following the terms of the Tenants Agreement, during any
single year of the vacation rental manager's license; or two or more
violations of this section which are pertinent to the duties and
responsibilities of a vacation rental manager. A vacation rental manager
license shall be revoked if the license holder is found in violation of any
of the regulations in section 9.5-534(k)(1) through section 9.5-534(k)(3).
(3) An individual who has had his license revoked shall not be eligible to
resubmit an application for obtaining a new vacation rental manager
license until two years after the date of revocation of his license.
(k) Prohibitions, enforcement, and penalties,
(1) It shall be unlawful for any landIord, tenant, agent or other representative
of a landowner to rent, lease, advertise or hold out for rent any dwelling
unit for vacation rental use in any district where a vacation rental use is
prohibited, except as otherwise exempted under this section.
(2) It shall be unlawful for any landlord, tenant, agent or other representative
of a landlord to rent, lease, advertise or hold out for rent any dwelling
unit for a vacation rental use without a special vacation rental permit,
except as otherwise exempted under this section.
(3) After the effective date of this section, leases, subleases, assignments or
any other occupancy agreements, for compensation for less than twenty-
eight (28) days in duration:
(i) Shall not be entered into or renewed once they have expired or
have terminated in any district in which tourist housing use is
prohibited or in any district in which a vacation rental use is
allowed unless a special vacation rental permit, building permit,
inspection and certificate of occupancy for the vacation rental use
(or for the conversion of an existing dwelling unit to vacation
rental use) are first obtained; and
(ii) Any pre-existing vacation rental uses shall not be considered a
lawful non-conforming use under section 9.5-143 and must be
discontinued in any land use districts that prohibit vacation rental
uses no later than thirty (30) days after the effective date of this
section (May 12, 1999). Except that a vacation rental use that was
established, and had obtained all of the required state and local
permits and licenses, ( a) prior to September 15, 1986 (b) or under
any Code provisions that expressly allowed vacation retail uses,
may remain pursuant to Code section 9.5-143.
Amendment to Vacation Rental Ordinance
VACRORD.02/LDR Page lOof12
Initials
(4) Monroe Count code section 6.3-13 shall not bar code enforcement for
new vacation rentaI violations occurring after the effective date of this
section.
(5) Prima facie evidence of vacation rental uses of a dwelling unit shall
include (i) registration or licensing for short-term rental or transient rental
use by the state under F.S. Chapters 212 (Florida Tax and Revenue Act)
and 509 (Public Lodging Establishments), (ii) advertising or holding out
a dwelling unit for vacation rental use, (iii) reservations, booking
arrangements or more than one signed Iease, sublease, assignment, or any
other occupancy or agreement for compensation, trade, or other legal
consideration addressing or overlapping any period of 28 days or less, or
(iv) the use of an agent or other third person to make reservations or
booking arrangements.
(6) A violation of any of the regulations in section 9.5-534(k)(I) through
section 9.5-534(k)(3) shall be punishable as a second degree
misdemeanor and by a fine of up to five hundred dollars ($500.00) per
day, per unit, per violation. The Code enforcement department may also
enforce the terms of this section by bringing a case before the special
master pursuant to Code section 6.3-14, or by citation under Code section
6.3-11" F.S. ~ 162.21 (as may be amended), or 76-435 Laws of Florida
(as may be amended). If a code enforcement citation is issued, the fine
shall be two hundred fifty dollars ($250) for the first offense and five
hundred dollars ($500.00) for each subsequent offense.
(7) In addition to any other remedies available to Monroe County (including
code enforcement pursuant to F.S. Chapter 162). Monroe County or any
or other adverseIy affected party may enforce the terms of this section in
law or equity. Any citizen of Monroe County may seek injunctive relief
in a court of competent jurisdiction to prevent a violation of section 9.5-
534 or to revoke a special vacation rental permit or vacation rental
manager license, as set forth above. Attorney's fees and costs incurred in
an action to enforce these regulations concerning vacation rental use(s)
may be awarded to a substantially prevailing party at the discretion of the
court.
Section 5. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the said conflict.
Section 7. This ordinance is hereby transmitted to the state land planning agency to be
reviewed for consistency with Chapter 163, Florida Statutes.
Amendment to Vacation Rental Ordinance
V ACRORD,02/LDR Page II of 12
Initials
Section 8. This ordinance shall be filed in the Office of the Secretary of State, of the State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission finding the amendment consistent with Chapter 380 of the
Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a reguIar meeting held on the 16th day of August, A.D., 2000.
Mayor Shirley Freeman
Mayor Pro Tern George Nugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
yes
yes
yes
no
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~-F~
BY
Mayor/Ch lrperson
BY
ATTEST: DANNY K. KOLHAGE, CLERK
~bL
Amendment to Vacation Rental Ordinance
VACRORD.02/LDR
Page 12 of 12
Initials
PORTER
NO: 5181600
NOTICE OF INTENTION
TO CONSIDER
ADOPTION OF COUN-
TY ORDINANCE
NOTICE IS HEREBY
GIVEN TO WHOM IT
MAY CONCERN that on
Wednesday, August 16,
2000, at 3:00 PM at the
Key Largo Library,
Tradewinds Shopping
Center, Key Largo, Mon-
roe County, Florida, the
Board of County Com-
missioners of Monroe
County, Florida, intends
to consider the adoption
ofthe following County
ordinance:
AN ORDINANCE
ABOLISHING THE DIVI-
SION OF SOLID
WASTE MANAGE-
MENT AND ASSIGNING
ITS DUTIES AND
FUNCTIONS TO THE
DIVISION OF PUB-LIC
WORKS AND COM-
BINING THE DEPART.
MENTS OF HUMAN RE-
SOURCES AND OF.
FICE OF MANAGE.
MENT AND BUDGET
INTO A NEW DEPART-
MENT OF ADMINIS.
TRATIVE SERVICES IN
THEJ)IVlSION OF MAN-
AGEMENT SERVICES;
PROVIDING FOR SEV-
ERABILITY; PROVID-
ING FOR THE REPEAL
OF ALL ORDINANCES
INCONSISTENT HERE.
WITH; PROVIDING FOR
INCORPORATION
INTO THE MONROE
COUN.TY CODE OF
ORQlNANCES; AND
PROVIDING AN EF.
FECTIVE DATE
Pursuant to Section
286.0105, Aorida
Statutes, notice is given
that if a person decided to
appeal any decision
made by the Board With
respect to any matter,
considered atauch hear-
ings or meetings, he will.
need a record of the ~
ceedings, and that, for
such purpose, he may ~
need to ensure that a verO t::l
batim record of the pro- ;;.: p
_Is__.~~
record includes the :t3
monyand evidence.' ,-r
which the appeal is to . {---
based. . ~.
Copies of the abov~:::::;:
erenced ordinance aM. ;:2
available for review~;:r:
various public IibreE. -n ~
Monroe County, F . C-.
Dated at Key West, '.I'tl
da. this 31 st day of July,
2000
DANNY L. KOLHAGE,
Clerk of the Circuit Cour-
tand ex officio Clerk of
the Board of County
Commissioners of Mon-
roe County, Florida.
PUBLISH: 8I3lOO
The Reporter
Tavernier. FL 33070
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P.O. Box 1197. Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
personally appeared JACKL YN HARDER
who on oath, says that she is ASSOCIATE
PUBLISHER of THE REPORTER, a weekly
newspaper entitled to publish legal
advertising published at Tavernier,
Monroe County, Florida: that the attached
copy of advertisement, being a LEGAL
NOTICE in said newspaper in the issue of:
August 3, 2000
Affiant further says that THE REPORTER
is a newspaper published at Tavernier, in
said Monroe County, Florida, and that the
said newspaper has heretofore been
continuously published in the said
Monroe County, Florida, each week (on
Thursday), and has been entered as
second class mail matter at the Post
Office in Tavernier, in said County of
Monroe, Florida, for a period of one year
next preceding the first publication of the
attached copy of advertisement; and
affiant further says that he has neither
paid nor promised any firm, person, or
corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for
publication in the said newspaper and that
The Reporter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal and Official Advertiseme
Dann!, JL. }&olbage
BRANCH OFFICE
3117 OVERSEAS InGHWAY
MARAlHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF TIIE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
August 30, 2000
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Mrs, Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please find a certified copies of the following Ordinances:
Ordinance No. 040-2000 amending Monroe County Code Sec. 13.5-5(d); in order to
amend the park hours of Friendship Park; providing for severability; providing for the repeal of all
ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of
Ordinances; and providing an effective date.
Ordinance No. 041-2000 amending Sec. 2-1.1(a), Monroe County Code, in order to
provide that the hearing officer may have served as counsel to the Planning Commission;
providing for severability; providing for the repeal of all ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date.
Ordinance No. 042-2000 in order to delete the parks in the municipality of Islamorada,
Village of Islands from the Monroe County Code; providing for severability; providing for the
repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date.
Ordinance No. 043-2000 abolishing the Division of Solid Waste Management and
assigning its duties and functions to the Division of Public Works and combining the Departments
of Human Resources and Office of Management and Budget into a new Department of
Administrative Services in the Division of Management Services; providing for severability;
providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into
the Monroe County Code of Ordinances; and providing an effective date.
Ordinance No. 044-2000 approving the request filed by the Planning Department to
amend the Monroe County Land Development Regulations, Sec. 9.5-4, definitions; Sec. 9.5-241,
Offshore Island District; Sec. 9.5-242.5 Improved Subdivision-Tourist Housing; and Sec. 9.5-534
Vacation Rental Uses. These changes clarify where and how vacation rentals may be pennitted,
require a licensed vacation rental manager for each unit, and provide for enhanced enforcement;
providing for severability; providing for the repeal of all ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code; and directing the Clerk of the Board
to forward a certified copy of this Ordinance to the Florida Department of Community Affairs,
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on August 16,2000. Please file for record.
Danny L, Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
Cc: Board of County Commissioners
County Administrator 043-2000
Growth Management 041 & 044-2000
Administrative Services 043-2000
County Attorney
Municipal Code 040 to 043-2000
Public Works 040, 042 & 043-2000
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TaJlllalHillsborough County
Preservation Board
RINGLING MUSEUM OF ART
FWRIDA DEPARfMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
September 5,2000
Honorable Danny L.Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated August 30, 2000 and certified copies of Monroe County
Ordinance Nos. 040-2000 through 044-2000, which were filed in this office on
September 1, 2000.
LC/mp
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Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.state.fl.us
DCA Final Order No. DCAOO-OR-294
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 044-2000
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FINAL ORDER
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pursuant to 99 380.05(6) and (11), Fla. Stat., and 9 380.0552(9), Fla. Stat. (1999), which require the
Department to enter a final order approving or rejecting land development regulations adopted by
Monroe County. This Final Order approves Monroe County Ordinance No. 044-2000 as set forth
below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutoriIy designated area of critical state concern, and
Monroe County is a unit of government within the Florida Keys Area.
2. On September 5, 2000, the Department received for review Monroe County
Ordinance No. 044-2000 which was adopted by the Monroe County Board of County
Commissioners on August 16,2000 ( "Ord. 044-2000"). Ord. 044-2000 pertains to vacation rentals
amending Sees. 9.5-4, 9-5.241, 9-5.242.5 and 9,5-534 of the Monroe County Code ("Code").
3. Section 1 of Ord. 044-2000 amends Code Sec. 9.5-4 creating definition "(V-5)
Vacation rental or unit." Section 2 ofOrd. 044-2000 amends Code Sec. 9.5-241 allowing vacation
rentals in the Offshore IsIand District (OS) if a special permit is obtained. Section 3 of Ord. 044-
2000 creates Code Sec. 9-5.242.5 and sets forth conditions for allowing vacation rentals in the
DCA Final Order No. DCAOO-OR-294
Improved Subdivision District - Vacation Rental District (IS-V). Section 4 of Ord. 044-2000 adds
Code Sec. 9-534 entitled 'Vacation rental uses' and establishes application procedures, sets forth
permitting and licensing requirements, establishes regulations and fees, establishes a duration period,
and provides for prohibitions, enforcement and penalties. Section 5 of Ord. 044-2000 contains a
severability provision; Section 6 contains a conflict provision; Section 7 requires transmittaI of the
ordinance to the Department for review; and Section 8 requires filing with the Florida Secretary of
State Office.
4. Ord. 044-2000 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
1, The Department is required to approve or reject any and all land development
regulations that are enacted, amended or rescinded by any unit of government in the Florida Keys
Area of Critical State Concern within 60 days of receipt by the Department. gg 380.05(6) and (11),
Fla, Stat., and g 380.0552(9), Fla. Stat. (1999).
2. Monroe County is a unit of government within the Florida Keys Area of Critical State
Concern. g 380.0552, Fla, Stat. (1999) and Rule 28-29.002 (superseding Chapter 27F-8, Fla.
Admin. Code) and Chapter 28-30, Fla, Admin. Code.
3. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. g 380.031(8), Fla, Stat, (1999). The regulations
adopted by Ord. 044-2000 are land development regulations, as defined by statute.
4. AllIand development regulations enacted, amended or rescinded by Monroe County
2
DCA Final Order No. DCAOO-OR-294
must be consistent with the Principles for Guiding Development (the "Principles"). ~ 380.0552(7),
Fla. Stat,; see Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998),
aff'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). In reviewing the land development regulations for
consistency, the Principles shall be construed as a whole and no specific provision shall be construed
or applied in isolation from the other provisions. ~ 380.0552(7), Fla. Stat. (1999).
5. The Department has reviewed all provisions ofOrd. 044-2000 for consistency with
the Principles and has determined that Ord. 044-2000 is consistent with the Principles as a whole.
Ord. 044-2000 establishes stricter reguIations regarding the siting and operation of vacation rentals
and is in furtherance of paragraphs (a), (d), and (1) of the Principles. ~~ 380.0552(7) (a), (d), and (1),
Fla. Stat. (1999).
WHEREFORE, IT IS ORDERED that Ord. 044-2000 is found to be consistent with the
Principles found at ~ 380.0552(7), Fla, Stat. (1999), as a whole, and is hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly
unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Fl~L
J TOMAS BECK, DIRECTOR
DIvision of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBST ANTrAL INTERESTS ARE AFFECTED BY THIS
3
DCA Final Order No. DCAOO-OR-294
ORDER HAS THE OPPORTUNITY FORAN ADMINISTRATIVE PROCEEDING PURSUANT
TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S ACTION.
DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT
IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE
ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER
28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL
ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL ORBY A
QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL
EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR
YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT
CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO
JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MA Y FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE
HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF
ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1),
FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MA Y BE
REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU
WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL
THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL
EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE
EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING,
YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY
AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE
PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A
PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE
DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD,
TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-106.104(2),
FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED,
4
DCA Final Order No. DCAOO-OR-294
THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.301,
FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE
PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.201(2), FLORIDA
ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE
28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT
AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOUW AIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING
OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY
CLERK WITIDN 21 DAYS OF PUBLICATION OF TIDS FINAL ORDER.
5
DCA Final Order No. DCAOO-OR-294
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true ~ correct copies have been furnished to the
persons listed below by the method indicated this Vday of October, 2000.
<r ~'
~aula Ford, Agency ClerK
By U.S. Mail:
Honorable Shirley Freeman
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Geoffrey T. Kirk, Assistant General Counsel, DCA Tallahassee
6