This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1499a.LAV
DATE: 2/7/2022
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: CS/HB 1499 City of Key West, Monroe County
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, Mooney and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
17 Y, 0 N, As
CS
Leshko Miller
2) State Affairs Committee
SUMMARY ANALYSIS
Florida law provides a process for certain environmentally or historically sensitive areas to be designated as
"areas of critical state concern" by the Administration Commission (Commission). The land planning
regulations of an area so designated must comply with certain principles for development. These principles are
set by the Commission and applied to the local governments by the Department of Economic Opportunity.
Several areas have been designated as areas of critical state concern, including the Florida Keys, and more
specifically the City of Key West. For this area, land planning regulations subject to approval by the state must
be consistent with the principles of protecting many different natural resources and making affordable housing
available. The regulations must be consistent with maintaining a hurricane evacuation clearance time for
permanent residents of no more than 24 hours. This mandatory evacuation time limits opportunity for
development within the Keys, since further development could inhibit compliance with this timeframe. In turn,
local governments within the Keys, bound by the 24-hour period, must restrict the number of building permits
they can issue for new development.
In order to regulate and control new growth a building permit allocation system was adopted by the
Commission and then included in the comprehensive plan for the City of Key West. In addition to the limited
permits available for distribution in the City of Key West, in 2018 the Commission approved an additional 300
workforce-affordable housing units available to the city separate from the requirements of the permit allocation
system.
The bill creates an exception to the Key West building permit allocation system by authorizing 50 units of
affordable housing to be constructed for employees of the Monroe County Sheriff’s Office and other personnel.
The construction must be consistent with the local comprehensive plan and the Sheriff’s Office must have a
hurricane evacuation plan that requires all occupants required to evacuate to be evacuated 48 hours in
advance of tropical force winds.
This bill is not projected to have a fiscal impact.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
STORAGE NAME: h1499a.LAV PAGE: 2
DATE: 2/7/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Areas of Critical State Concern
The Governor and Cabinet, sitting as the Administration Commission (Commission),
1
may designate by
rule certain areas within the state containing resources of statewide significance as areas of critical
state concern (ACSC) based on the recommendations of the state land planning agency.
2
To be
designated as an ACSC, the area must:
Contain, or have a significant impact upon, environmental or natural resources of regional or
statewide importance, including state or federal parks, forests, wildlife refuges, wilderness
areas, aquatic preserves, major rivers and estuaries, state environmentally endangered lands,
Outstanding Florida Waters, and aquifer recharge areas, the uncontrolled private or public
development of which would cause substantial deterioration of such resources;
3
Contain, or have a significant impact upon, historical or archaeological resources, sites, or
statutorily defined historical or archaeological districts, the private or public development of
which would cause substantial deterioration or complete loss of such resources, sites, or
districts;
4
or
Have a significant impact upon, or is being significantly impacted by, an existing or proposed
major public facility or other area of major public investment including, highways, ports, airports,
energy facilities, and water management projects.
5
Currently, Big Cypress Area,
6
the Green Swamp Area,
7
the Florida Keys Area, the City of Key West
Area,
8
and the Apalachicola Bay Area
9
are designated as ACSC.
Once designated, the area’s local comprehensive plan and land development regulations must come
into compliance with the principles for guiding the development of the area set forth in the rule
designating the ACSC. Within 180 days after an ACSC is established, the local government having
jurisdiction may submit to DEO its existing land development regulations and local comprehensive plan
for evaluation. If not already in compliance, the local government must prepare, adopt, and submit a
new or modified comprehensive plan and regulations.
10
Additionally, any local government having
jurisdiction must give notice to DEO, unless such notice has been waived by DEO, of any application
for a development permit in the ACSC and all developments approved must proceed in accordance
with this chapter.
11
The Florida Keys Area of Critical State Concern
1
Ss. 14.202 and 380.031(1), F.S.
2
Ss. 380.05(1)(a) and 380.031(18), F.S. (defines the “state land planning agency” as the Department of Economic Opportunity (DEO)).
3
S. 380.05(2)(a), F.S.
4
S. 380.05(2)(b), F.S.
5
S. 380.05(2)(c), F.S.
6
S. 380.055, F.S.
7
S. 380.0551, F.S.
8
S. 380.0552, F.S.
9
S. 380.0555, F.S.
10
S. 380.05(5) and (14), F.S.
11
S. 380.05(16) and (19), F.S. STORAGE NAME: h1499a.LAV PAGE: 3
DATE: 2/7/2022
In 1975, the Florida Keys were designated as an area of critical state concern. The designation
includes the Village of Islamorada, the municipalities of Marathon, Layton and Key Colony Beach, and
unincorporated Monroe County. In 1984, the designation was extended to the City of Key West.
12
The
designation is intended to:
Establish a land use management system protecting the natural environment of the Florida
Keys; conserves and promotes the community character of the Florida Keys; promotes orderly
and balanced growth in accordance with the capacity of available and planned public facilities
and services; and promotes and supports a diverse and sound economic base;
13
Provide affordable housing in close proximity to places of employment in the Florida Keys;
14
Protect the constitutional rights of property owners to own, use, and dispose of their real
property;
15
Promote coordination and efficiency among governmental agencies that have permitting
jurisdiction over land use activities in the Florida Keys;
16
Promote an appropriate land acquisition and protection strategy for environmentally sensitive
lands within the Florida Keys;
17
Protect and improve the nearshore water quality of the Florida Keys through the construction
and operation of wastewater management facilities, as applicable;
18
and
Ensure that the population of the Florida Keys can be safely evacuated.
19
State, regional, and local governments in the Florida Keys ACSC are required to coordinate
development plans and conduct programs and regulatory activities consistent with principles for guiding
development that:
Strengthen local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuing the area of critical state
concern designation;
20
Protect shoreline and marine resources;
21
Protect upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation, dune ridges and beaches, wildlife, and their habitat;
22
Ensure the maximum well-being of the Florida Keys and its citizens through sound economic
development;
23
Limit the adverse impacts of development on the quality of water throughout the Florida Keys;
24
Enhance natural scenic resources, promoting the aesthetic benefits of the natural environment,
and ensuring that development is compatible with the unique historic character of the Florida
Keys;
25
Protect the historical heritage of the Florida Keys;
26
Protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
major public investments.
27
Protect and improve water quality by providing for the construction, operation, maintenance, and
replacement of stormwater management facilities; central sewage collection; treatment and
12
Section 380.0552, F.S.; DEO, Florida Keys Area of Critical State Concern Annual Report 2020, https://floridajobs.org/docs/default-
source/2015-community-development/community-planning/2015-cmty-plan-acsc/2020keysacscannualreport.pdf?sfvrsn=51c94eb0_2
(last visited Feb. 2, 2022).
13
S. 380.0552(2)(a)-(c) and (e), F.S.
14
S. 380.0552(2)(d), F.S.
15
S. 380.0552(2)(f), F.S.
16
S. 380.0552(2)(g), F.S.
17
S. 380.0552(2)(h), F.S.
18
S. 380.0552(2)(i), F.S.
19
S. 380.0552(2)(j), F.S.
20
S. 380.0552(7)(a), F.S.
21
S. 380.0552(7)(b), F.S.
22
S. 380.0552(7)(c), F.S.
23
S. 380.0552(7)(d), F.S.
24
S. 380.0552(7)(e), F.S.
25
S. 380.0552(7)(f), F.S.
26
S. 380.0552(7)(g), F.S.
27
S. 380.0552(7)(h), F.S. STORAGE NAME: h1499a.LAV PAGE: 4
DATE: 2/7/2022
disposal facilities; and the installation and proper operation and maintenance of onsite sewage
treatment and disposal systems;
28
Ensure the improvement of nearshore water quality by requiring the construction and operation
of wastewater management facilities, as applicable, and by directing growth to areas served by
central wastewater treatment facilities through permit allocation systems;
29
Limit the adverse impacts of public investments on the environmental resources of the Florida
Keys;
30
Make available adequate affordable housing for all sectors of the population of the Florida
Keys;
31
Provide adequate alternatives for the protection of public safety and welfare in the event of a
natural or manmade disaster and for a postdisaster reconstruction plan;
32
and
Protect the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
the Florida Keys as a unique Florida resource.
33
Additionally, local comprehensive plans and land development regulations must be consistent with
maintaining a hurricane evacuation clearance time for permanent residents of no more than 24 hours.
34
Hurricane Evacuation Clearance Time
Because access to and from the Keys is primarily by U.S. Highway 1, evacuation of the Keys’
population in advance of a hurricane is essential for public safety. A system of managed growth was
developed in order to ensure the ability to evacuate within the 24-hour evacuation clearance time.
35
A
two-phase hurricane evacuation procedure was developed. In Phase One, tourists, recreational
vehicles, campgrounds, parks, hospitals, and individuals with special needs are evacuated 48 hours
prior to an anticipated landfall of a Category 3 or higher hurricane. In Phase Two, mobile home
occupants are directed to evacuate 36 hours prior to anticipated landfall and permanent residents are
directed to evacuated 24 hours prior to landfall.
36
As part of the overall evacuation strategy, the Commission adopted a building permit allocation system
(BPAS) that caps the number of permits that can be issued for new residential structures. In order to
determine the cap on permits, in 2011, the Commission directed DEO and the Division of Emergency
Management to enter into a Memorandum of Understanding (MOU) with Monroe County, Village of
Islamorada, and the cities of Marathon, Key West, Key Colony Beach, and Layton regarding hurricane
evacuation modeling. The MOU is the basis for an analysis on the maximum build-out capacity of the
Florida Keys while maintaining the ability of the permanent population to evacuate within 24 hours.
37
Based on the MOU that stipulates the input variables and assumptions, DEO determined that an
additional 3,550 residential buildings could be constructed while still maintaining the 24-hour hurricane
evacuation clearance time. In March 2013, the Commission approved the recommendation based on
this finding to allocate ten years’ worth of growth to Monroe County through June 2023.
38
A portion of
these residential building allocations were set-aside for affordable housing.
39
The City of Key West may
award up to 91 units per year of new development permits through the BPAS.
40
Key West Building Permit Allocation System
28
S. 380.0552(7)(i), F.S.
29
S. 380.0552(7)(j), F.S.
30
S. 380.0552(7)(k), F.S.
31
S. 380.0552(7)(l), F.S.
32
S. 380.0552(7)(m), F.S.
33
S. 380.0552(7)(n), F.S.
34
S. 380.0552(9)(a)1. and 2., F.S.
35
S. 380.0552(9)(a)2., F.S.
36
Annual Report 2020, supra, at 4. (no hurricane shelters are available in the Florida Keys for Category 3-5 hurricanes).
37
DEO, Hurricane Evacuation Clearance Time MOU, http://www.floridajobs.org/fdcp/dcp/ACSC/Files/Hurricane/MOU8-2-
12FinalDraft.pdf, (last visited February 2, 2022).
38
DEO, Florida Keys Area of Critical State Concern Annual Report 2013, http://www.floridajobs.org/docs/default-source/2015-
community-development/2015-cmty-plan-acsc/2013annualreport.pdf?sfvrsn=2, (last visited Feb. 2, 2022).
39
Annual Report 2020, supra, at 4.
40
Annual Allocation Schedule, https://www.cityofkeywest-fl.gov/345/Annual-Allocation-Schedule, (last visited Feb. 2, 2022). STORAGE NAME: h1499a.LAV PAGE: 5
DATE: 2/7/2022
In order to regulate and control new residential development growth, the City of Key West amended its
comprehensive plan to include the BPAS through the Rate of Growth Ordinance.
41
This system
establishes minimum baseline standards for new residential dwelling units and assures sustainability,
environmental responsibility, health, and safety. The BPAS helps ensure the City’s infrastructure can
accommodate the new residential growth while maintaining or improving the 24-hour hurricane
evacuation time for permanent residents.
42
The BPAS requires that a minimum of 50 percent of the
total allocations between July 1, 2016, and July 1, 2023, be affordable.
43
In 2023, or when all the units
approved in the ten-year plan have been allocated, whichever comes last, the City may no longer issue
permits for new residential units.
44
The Keys Workforce Affordable Housing Initiative
On June 13, 2018, the Commission authorized the municipalities of Marathon, Islamorada, and Key
West to amend their comprehensive plans to add 300 workforce-affordable housing units.
45
These units
must be used for rental units and participants are required to commit to evacuating renters in Phase
One of the hurricane evacuation procedure. Allocation of the Key West permits is not required to follow
the BPAS ranking unless the number of applications received exceeds the authorized allocation.
46
These amendments have been challenged in each jurisdiction as being inconsistent with the 24-hour
hurricane evacuation requirement.
47
Affordable Housing
Affordable housing is generally defined in relation to the annual area median household income
adjusted for family size. “Affordable”
48
means the sum of monthly rents or monthly mortgage payments
(including taxes and insurance) and utilities does not exceed 30 percent of that amount which
represents the percentage of the median adjusted gross annual income for extremely-low-income
households,
49
very-low-income households,
50
low-income households,
51
or moderate-income
households.
52
Effect of Proposed Changes
41
Key West Mun. Code (Fl.) Ss. 108-958-108-985.
42
Building Permit Allocation System, https://www.cityofkeywest-fl.gov/336/Building-Permit-Allocation-System-BPAS, (last visited Feb. 2,
2022).
43
Key West Mun. Code (Fla.) ss. 1-1.16.1 and .2.
44
Key West Mun. Code (Fla.) s. 108-1001.
45
“DEO concluded that the Housing Initiative ‘will not interfere with the 24-hour evacuation model and satisfies the statutory mandate to
provide affordable housing.’” Cecelia Mattino, Petitioner v. City of Marathon, Florida, Respondent Naja Girard, Petitioner, 2020 WL
2069226, at *13.
46
Mattino, 2020 WL 2069226, at *14.
47
Annual Report 2020, supra, at 5.
48
S. 420.0004(3), F.S.
49
S. 420.0004(9), F.S. “Extremely-low-income persons” means one or more natural persons or a family whose total annual household
income does not exceed 30 percent of the median annual adjusted gross income for households within the state. Florida Housing
Finance Corporation may adjust this amount annually by rule to provide that in lower income counties, extremely low income may
exceed 30 percent of area median income and that in higher income counties, extremely low income may be less than 30 percent of
area median income.
50
S. 420.0004(17), F.S. “Very-low-income persons” means one or more natural persons or a family, not including students, the total
annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income for
households within the state, or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical
area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.
51
S. 420.0004(11), F.S. “Low-income persons” means one or more natural persons or a family, the total annual adjusted gross
household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or
80 percent of the median annual adjusted gross income for households within the MSA or, if not within an MSA, within the county in
which the person or family resides, whichever is greater.
52
S. 420.0004(12), F.S. “Moderate-income persons” means one or more natural persons or a family, the total annual adjusted gross
household income of which is less than 120 percent of the median annual adjusted gross income for households within the state, or 120
percent of the median annual adjusted gross income for households within the MSA or, if not within an MSA, within the county in which
the person or family resides, whichever is greater. STORAGE NAME: h1499a.LAV PAGE: 6
DATE: 2/7/2022
This bill allows an exception to the Key West BPAS to allow construction of 50 units of affordable
housing
53
for employees of the Monroe County Sheriff’s Office and other essential services personnel
54
provided that the construction is otherwise consistent with the local comprehensive plan and the
Sheriff’s Office has a hurricane evacuation plan that requires all occupants required to evacuate to be
evacuated 48 hours in advance of tropical force winds.
B. SECTION DIRECTORY:
Section 1: Provides an exception to the Key West building permit allocation system for construction
of 50 units of affordable housingfor certain personnel of Monroe County with certain
requirements.
Section 2: Provides an effective date of upon becoming a law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? December 9, 2021.
WHERE? The Weekly Newspapers, a newspaper published weekly in Marathon, in Monroe
County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [x]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [x] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill does not reconcile the allowance of 50 units of affordable housing with the current annual
allocation of 91 new development permits available to the City of Key West or with the 300 workforce-
affordable housing units approved under the Housing Initiative in 2018.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
53
As defined in s. 420.0004, F.S.
54
Defined as a natural person or families whose total annual household income is at or below 120 percent of the area median income,
adjusted for household size, and at least one of whom is employed as a police or fire personnel, a child care worker, a teacher or other
education personnel, health care personnel, a public employee, or a service worker. S. 420.503(18), F.S. STORAGE NAME: h1499a.LAV PAGE: 7
DATE: 2/7/2022
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 7, 2022, the Local Administration & Veterans Affairs Subcommittee adopted an amendment
and reported the bill favorably as a committee substitute. The amendment removes the authority of the City
of Key West to determine what constitutes affordable housing and requires that it shall be affordable
housing as defined in s. 420.0004, F.S. Additionally, the amendment changes the term “other public sector
governmental personnel” to “essential services personnel” as defined in s. 420.503(18), F.S.
This analysis is drafted to the committee substitute as passed by the Local Administration & Veterans
Affairs Subcommittee.