Chapter 9.3 LAND ACQUISITION PROGRAM*

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*Editor's note: Section 1 of Res. No. 57-1988 directed the inclusion of Ord. No. 31-1986, as amended by Ord. Nos. 41-1987, 48-1987 and 53-1987, into the Code of Ordinances; therefore, §§ 1--14 have been included as ch. 9.3, §§ 9.3-1--9.3-14.
Cross references: Land development regulations, ch. 9.5; miscellaneous land development regulations, ch. 19.

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Sec. 9.3-1. Title.
This chapter may be referred to as the Monroe County Comprehensive Plan Land Authority Ordinance.
(Ord. No. 31-1986, § 1)

Sec. 9.3-2. Purpose.
This chapter is adopted for the purpose of establishing a land acquisition program in Monroe County as a means of implementing the goals, policies and objectives of the Monroe County Comprehensive Plan, including, but not limited to:
(a) The protection of property rights of small landowners;
(b) The consolidation of substandard lots;
(c) The provision of land for the development of affordable housing;
(d) The preservation of environmentally sensitive lands;
(e) The preservation of the habitats of rare, threatened or endangered species of plants and animals;
(f) The enhancement of the community character of Monroe County; and
(g) The protection of open space, scenic corridors and viewsheds.
(Ord. No. 31-1986, § 2)

Sec. 9.3-3. Land authority--Created.
There is hereby created a Monroe County Comprehensive Plan Land Authority (hereinafter "the land authority"). The board of county commissioners shall be the governing body of the land authority. A chairman and vice-chairman shall be elected annually by the members of the land authority.
(Ord. No. 31-1986, § 3)

Sec. 9.3-4. Same--Powers of.
The land authority is hereby empowered:
(a) To sue and be sued, to have a seal, to alter the name at its pleasure, and to authorize the use of a facsimile thereof;
(b) To make and execute contracts and all other legal instruments necessary or convenient to carry out the purposes of this chapter and the land authority;
(c) To undertake and carry out studies and analysis of innovative comprehensive plan implementation techniques, including acquisition of fee or less than fee interests in real property;
(d) To undertake and carry out studies and analysis of the developability of land under the Monroe County Comprehensive Plan and Land Development Regulations;
(e) To undertake and carry out studies and analysis of the value of real property;
(f) To acquire and dispose of real and personal property or any interest or estate therein, including, but not limited to, fee or less than fee interests such as easements, life estates, development rights, leases, lease-back arrangements and options whenever necessary or convenient to carry out the purposes of this chapter and the Land Authority Act by any means, including, but not limited to, purchase, sale or exchange;
(g) To borrow money by any lawful means, including the issuance of bonds, for the purposes provided in this chapter and in the Land Authority Act and to provide for and secure payment therefor and to provide for the rights of the holders thereof;
(h) To purchase bonds of the land authority out of any funds or monies available to the land authority therefor and to hold, cancel or resell such bonds;
(i) To invest any funds held by the land authority not required for immediate disbursement in such investments as may be authorized for trust funds under section 215.47 of the Florida Statutes and in any investment made on behalf of the land authority by the state board of administration or by another trustee appointed for the purpose;
(j) To contract for and to accept in any form whatsoever gifts, grants, loans or other aid and assistance from the United States government, the State of Florida, the South Florida Regional Planning Council, Monroe County, or any other person, association or corporation;
(k) To ensure and procure insurance against any loss in connection with any action of the land authority, including the issuance of bonds and to pay premiums therefor;
(l) To make such rules and regulations as are necessary and convenient to carry out the purposes of this Ordinance and the Land Authority pursuant to either the provisions of chapter 120 of the Florida Statutes or by resolution;
(m) To employ personnel, including an executive director, as are necessary and convenient to carry out the purposes of this chapter and the land authority;
(n) To engage the services of private consultants on a contract basis as is necessary and convenient to carry out the purposes of this chapter;
(o) To identify and propose for acquisition parcels of land within Monroe County that are appropriate for acquisition by the State of Florida with funds from the Conservation and Recreation Land Trust Fund (CARL) or any other program of land acquisition undertaken by any governmental agency; and
(p) To do any and all things necessary or convenient to carry out the purposes of this chapter or the land authority.
(Ord. No. 31-1986, § 4; Ord. No. 41-1987, § 2)

Sec. 9.3-5. Same--Meetings.
(a) Meetings. A meeting of the governing body of the land authority shall be held upon the call of the chairman or at the request of three (3) members of the land authority. All meetings shall be open to the public, and notice of such meetings shall be given as required for meetings of the board of county commissioners. At least one (1) meeting shall be held quarterly.
(b) Quorum and Voting. A majority of the governing body of the land authority shall constitute a quorum; provided, however, that no action shall be taken by an affirmative vote of less than a majority of the total membership of the governing body.
(c) Expenses. Members of the land authority shall receive no compensation for services, but shall be entitled to necessary expenses, including per diem and travel expenses incurred in the discharge of official duties, as provided by law.
(Ord. No. 31-1986, § 5)

Sec. 9.3-6. Monroe County Comprehensive Plan Land Authority Advisory Committee--Established.
There is hereby created a Monroe County Comprehensive Plan Land Authority Advisory Committee (hereinafter the "advisory committee"). The advisory committee shall be comprised of five (5) members appointed by the governing body of the land authority. The members shall serve for three-year terms, except that the initial terms shall be staggered so that the terms of no more than two (2) members shall end in any single year. The membership of the advisory committee shall include the following:
(a) A resident of the City of Key West if the referendum passes; if not, a representative of the business community in Monroe County;
(b) A resident of the Lower Keys as defined by the Monroe County Comprehensive Plan;
(c) A resident of the Middle Keys as defined by the Monroe County Comprehensive Plan;
(d) A resident of the Upper Keys as defined by the Monroe County Comprehensive Plan;
(e) A representative of a not-for-profit corporation or association dedicated to the acquisition of land for conservation and preservation purposes.
A single member of the advisory committee may satisfy more than one (1) of the membership requirements. One (1) member of the advisory committee shall be elected as chairman at the first meeting held after January 1 of each year. No member shall serve as chairman for more than three (3) consecutive terms. Any member who shall miss four (4) consecutive meetings shall be deemed to have forfeited his or her membership and a new member shall be appointed to serve out the balance of the disqualified member's term.
(Ord. No. 31-1986, § 6)

Sec. 9.3-7. Same--Meetings and actions.
(a) Meetings. Meetings of the Monroe County Comprehensive Plan Land Authority Advisory Committee shall be held at least monthly and at the call of the chairman or upon the request of three (3) members of the advisory committee. All meetings shall be open to the public, and notice of such meetings shall be given as required for the meetings of the board of county commissioners.
(b) Quorum and Voting. A majority of the advisory committee shall constitute a quorum, and the affirmative vote of a majority of those members present shall be required to take official action.
(c) Expenses and Compensation. Members of the advisory committee shall receive one hundred dollars ($100.00) per meeting, not to exceed two (2) meetings per month for necessary expenses; and no additional reimbursement for expenditures will be allowable, commencing on October 1, 1986.
(Ord. No. 31-1986, § 7; Ord. No. 53-1987, § 1; Ord. No. 16-1988, § 1)

Sec. 9.3-8. Same--Powers.
The advisory committee shall establish, on or before January 15 of each year, an identification and prioritization of land acquisition for the land authority. The advisory committee shall give priority according to the following;
(a) Priority shall be given to the acquisition of parcels of land for which a qualified option was given to the land authority prior to January 15, 1987 over all parcels of land for which no such option was given. For the purposes of this section, a "qualified option" shall mean:
(1) A bona fide, irrevocable offer to sell at a fixed price for a period of at least one (1) year;
(2) An offer to sell at no more than one hundred fifteen (115) percent of the assessed value of the parcel of land according to the most recent tax assessment prior to June 1, 1986; and
(3) An offer containing an express request and authorization to retain priority for the acquisition of the parcel of land by renewing the option for an additional period of at least one (1) year.
(b) Priority shall be given to parcels of land located within designated areas of critical county concern over all parcels of land not located within an area of critical county concern.
(c) Priority shall be given to parcels of land that are located in areas that are served by inadequate or deficient public services.
(Ord. No. 31-1986, § 8)

Sec. 9.3-9. Selection of Parcels of land for acquisition.
The Monroe County Comprehensive Plan Land Authority shall select lands for acquisition by approving in whole or in part the list of parcels identified and prioritized by the advisory committee. The land authority shall have the authority to delete identified parcels from the list compiled by the advisory committee but shall have no authority to otherwise change the priority of acquisition or to add parcels of land to the list for acquisition. No property shall be acquired unless:
(a) The acquisition is consistent with the Monroe County Comprehensive Plan and Land Development Regulations;
(b) The property to be acquired is within an area designated as an area of critical state concern at the time of acquisition; and
(c) The property to be acquired has not, within one (1) year of and at the time of acquisition, been selected for purchase through another local, regional, state or federal public land acquisition program.
(Ord. No. 31-1986, § 9)

Sec. 9.3-10. Annual report.
The land authority shall, within six (6) months after the end of each fiscal year, prepare and submit to the governor and the presiding officers of each of the houses of the legislature a complete and detailed report describing:
(a) The activities of the land authority during the ended fiscal year, including a list of parcels of land or other interests acquired or sold;
(b) An accounting of all receipts and expenditures of the land authority during the ended fiscal year; and
(c) The land authority's assets and liabilities at the end of the fiscal year and the status of funds, reserve, special or other.
(Ord. No. 31-1986, § 10)

Sec. 9.3-11. Plan of acquisition.
(a) Within six (6) months after the effective date of this chapter [October 1, 1986], the land authority, with the advice of the advisory committee, shall prepare a final plan of acquisition. The final plan of acquisition shall set forth the following:
(1) A comprehensive survey of all possible acquisitions, including fee and less than fee acquisitions. The survey shall be prepared in narrative and graphic form at a scale of not less than one (1) inch equals two hundred (200) feet.
(2) A decision-making format for identifying the priority of acquisitions.
(3) A budget and schedule for land acquisition, including the issuance of bonds.
(4) A program of lot consolidation and resale, including:
a. The location of appropriate lot consolidation projects;
b. The planning criteria to be employed in reconfiguring the lots; and
c. A resale program providing for bulk sale, joint venture or individual lot sales.
(5) A program of investment for funds not needed for immediate disbursement.
(b) The land authority shall conduct a public hearing on the plan of acquisition after publication of notice of the hearing at least fifteen (15) days prior to the hearing.
(c) The final plan of acquisition shall be adopted no later than six (6) months after the effective date of this chapter [October 1, 1986].
(Ord. No. 31-1986, § 11)

Sec. 9.3-12. Reserved.
Editor's note: Ord. No. 022-2004, § 36, adopted July 14, 2004, repealed § 9.3-12 in its entirety. Formerly, said section pertained to interim plan of acquisition as enacted by Ord. No. 31-1986, § 12.

Sec. 9.3-13. Executive director.
(a) Employment; Duties. Prior to adopting the final plan of acquisition, the Monroe County Comprehensive Plan Land Authority shall employ an executive director to serve as the chief executive officer of the authority. The executive director shall have the duties and responsibilities of a chief executive officer as set forth in the Land Authority Act including the employment of staff and consultants subject only to the authority of the land authority. During the interim, the land authority may employ a consultant to act as interim executive director; and such interim executive director shall have all rights, title and authority of the executive director.
(b) Reimbursement for Mileage Expenses. The executive director and all staff members of the Monroe County Land Authority shall receive reimbursement for mileage expenses, including per diem, in accordance with applicable law, incurred in the performances of their official duties.
(Ord. No. 31-1986, § 13; Ord. No.48-1987, § 1)

Sec. 9.3-14. Severability.
It is the intention of the board of county commissioners that in the event a court of competent jurisdiction should determine that any part of this chapter is invalid for any reason, the board intends that the invalid part be severed from the balance of the chapter to acquire and dispose of real property or interests therein are still achievable.
(Ord. No. 31-1986, § 14)