Last Stand in Action: Watch Board Member Dottie Moses and Coalition Member Stuart Schaffer address the Monroe Board of County Commissioners (BOCC) on September 11th. They urge the BOCC to reject a proposal to give away 86 early evacuation ROGOs—worth over $38 million—to a private developer for an affordable housing project in Tavernier, next to a proposed Publix.

Last Stand strongly opposes the proposed Wilson-Avirett Tier change in North Key Largo. This area, designated as Tier I for its environmental sensitivity, is home to the largest contiguous West Indian hardwood hammock in the U.S. and endangered species like the Key Largo cotton mouse and Schaus Swallowtail butterfly. The state's land acquisition efforts and the Tier I designation have preserved this fragile ecosystem for decades, protecting it from overdevelopment and maintaining its critical role in hurricane evacuation. Altering the Tier designation would threaten these protections, set a harmful precedent for future development, and undermine conservation efforts.

Last Stand supports the staff recommendation to provide administrative relief for the two Tier I lots owned by BCD of the Keys, LLC by having the Land Authority purchase them. The lots in question are correctly designated Tier I as they consist of hardwood hammock and are adjacent to a large area of publicly owned Tier 1 conservation land.

Last Stand and 15 Keys organizations, representing thousands of Keys residents, are concerned about the County's potential request for additional ROGOs from the State due to fears of significant takings liabilities. Currently, County staff are revising the estimate of buildable lots from the previous count of 2,220, which is expected to be lower. The County holds 444 administrative relief ROGOs, with 300 specifically allocated for early evacuation affordable workforce housing. These ROGOs are intended solely to resolve takings claims and not increase development potential.

The September 11 BOCC agenda includes a proposal to amend the Comprehensive Plan to create Tavernier Workforce Housing Subarea 1, which would allocate 86 early evacuation ROGOs for a new housing project. Approving this would divert 86 ROGOs, valued at over $38.7 million, from addressing takings claims. Given the county’s estimated liability of $1 billion, how can the approval of this proposal be reconciled with the justification for requesting more market rate ROGOs to mitigate taking liability? We urge you to reject the proposed Goal 113 and Policy 113.1.1.

Last Stand and 15 Keys organizations, representing thousands of Florida Keys residents, are closely monitoring the County’s evaluation process regarding additional ROGOs (Rate of Growth Ordinances) from the State. They have noted that the latest hurricane evacuation model released by Florida Commerce in November 2023 has not been thoroughly analyzed by County staff, nor has an external consultant been engaged.

They have identified several critical flaws in the model:

1. It assumes evacuation ends at Florida City, excluding evacuees from South Florida and Ocean Reef.

2. It suggests evacuations occur evenly over 24 hours.

3. It omits certain permanent residents and vacation home occupants.

4. It underrepresents the number of vacation rental units.

5. It fails to account for future mobile home conversions.

Given the importance of accurate hurricane evacuation planning, we urge the County to commission an independent analysis of the 2023 model’s methodologies and assumptions.

Keys Last Stand raises concerns about the County’s approach to evaluating new Rate of Growth Ordinances (ROGOs). Despite recent efforts to reassess buildable lots, the community engagement process and data analysis are problematic:

• Independent Review Needed: No independent analysis of the hurricane evacuation model, which previously had significant errors.

• Survey Issues: The current survey lacks expert review and provides outdated, limited options.

• Misleading Figures: The $1 billion Takings liability figure is inaccurately used, diverting attention from true financial impacts.

Accurate, peer-reviewed data is essential for managing development and ensuring safety. The 24-hour evacuation statute, based on extensive research, should not be ignored. Proper analysis is critical for responsible decision-making and protecting the Keys’ unique environment.

Last Stand and 15 Keys organizations oppose the County's support for Marathon’s request for ten new residential building allocations. We argue that Marathon should have used its existing allocations and implemented a moratorium pending a capacity analysis, avoiding any takings liability. We question the County's support for new allocations before completing its transparency analysis and independent audit of the hurricane evacuation model. We believe the proposed ten new allocations significantly exceed Marathon’s fair share. We urge you to vote against the proposal.

Last Stand and 15 other Keys organizations are concerned about the County’s potential request for new market-rate ROGOs, particularly given the BOCC's recent direction to recompute the number of buildable lots, which we believe is currently inflated. We stress the need for a thorough carrying capacity analysis to assess the impact on infrastructure, environment, and costs to taxpayers before any new ROGOs are approved. Additionally, we object to using an inflated $1 billion estimate of takings liability in County surveys, which seems intended to skew results and mislead the public. We urge immediate correction and a moratorium on new ROGOs pending a comprehensive analysis.

Here are the full comments from the July 17th, 2024, Monroe County Board of County Commissioners regarding potential new ROGO allocations, including the County’s analysis of possible takings cases.

16 organizations, representing thousands of Keys residents, have concerns about the County’s analysis of potential “takings” liability and the proposed request for new ROGOs. Last Stand believes the public benefit of limiting new development outweighs private property interests. The current analysis lacks realistic computation of potential takings liability and overestimates the number of buildable residential lots. We urge the County to request no more ROGOs for market-rate units to ensure safety and preserve the Keys' natural resources.

In 2024, Last Stand, with renewed determination, reinforced its steadfast dedication to preserving the distinctive quality of life and the fragile ecosystem of the Florida Keys. This year, Last Stand continued to make significant progress in advocating for policies and educational programs that support our goals of managing growth, enhancing water quality, and expanding workforce housing, demonstrating our unwavering commitment to the cause.

Through our comprehensive approach of research, education, outreach, and action, Last Stand has worked diligently to influence responsible growth management, improve water quality standards, and promote affordable housing solutions for the workforce.

Last Stand recently spoke at the April 17th BOCC meeting, expressing opposition to granting 86 early evacuation ("EE") ROGOs to CEMEX Construction Materials, Florida, LLC. Originally, this pool of EE ROGOs was designated for Beneficial Use Only (also known as Takings Cases) or for exchange with other ROGOs. However, the applicant is seeking to acquire all 86 EE ROGOs without providing any affordable allocations in return. This places a burden on Monroe County taxpayers and increases potential liabilities.

Last Stand opposes granting 86 early evacuation ("EE") ROGOs to CEMEX Construction Materials, Florida, LLC. The county's exchange policy, established to maintain hurricane evacuation standards, requires recipients of EE ROGOs to provide affordable ROGOs. However, the applicant seeks to obtain 86 EE ROGOs without returning any affordable allocations, burdening Monroe County taxpayers and increasing potential liabilities. Last Stand urges support for the exchange policy, which has historical backing and potential participants. Amidst concerns over ROGO availability and overdevelopment pressures, Last Stand urges the County to maintain the exchange policy and resist exceptions that endanger residents' financial resources and safety.

Dottie Moses, Last Stand board member, spoke at the Monroe County Commission's ROGO workshop, stressing the need to protect the future of the Florida Keys. She highlighted the Comprehensive Plan's focus on limited growth and environmental preservation. Despite past efforts, overdevelopment threats persist, straining infrastructure and endangering the environment. Moses urged against unsustainable growth, advocating for strategic allocation of remaining ROGOs to address community needs like affordable housing and infrastructure. Each decision must prioritize the well-being of the Keys.

In these remarks, Keys Last Stand emphasizes the importance of policy decisions and their impact on the affordable workforce housing crisis. They express concern that exemptions granted to the Nonresidential Inclusionary Housing Requirement worsen this crisis.

Last Stand Board Member Dottie Moses spoke out against creating the “Tavernier Commercial Overlay District” during the Monroe County Commission Special Meeting on February 15, 2024. This proposed district in Tavernier plans to introduce a 49,000-square-foot supermarket and 86 workforce housing units on a roughly 20-acre lot at Mile Marker 92.5 off U.S. 1. This development ignores County comprehensive plans, especially the community-inspired Livable CommuniKeys plan. It will create increased traffic prompting residents to voice concerns for their safety.

Ann Olsen, President of Last Stand, attended the January 22, 2024 BOCC Meeting and emphasized prioritizing public safety and environmental protection in Hurricane Evacuation Planning. She commends the inclusion of Key West in evacuation modeling. Still, she expresses concern over proposed legislation extending evacuation times and increasing building allocations without properly assessing infrastructure capacity. Olsen highlights the growing threat of rapidly intensifying storms and urges Marathon's leadership to prioritize public safety, contain development, and protect the environment.

Keys Last Stand urges the BOCC and the KWCC to pay attention to the alarming trend of tropical storms rapidly intensifying into major hurricanes, as detailed in the provided articles. With climate change exacerbating these risks, coastal communities like ours face heightened vulnerabilities. In response, Keys Last Stand implores elected officials to maintain the Phase 2 evacuation time at 24 hours and include The City of Key West in evacuation models, considering its significant population.

On December 12, 2023, Roger McVeigh, Treasurer of Last Stand, attended the BOCC meeting, stating that Last Stand acknowledges the BOCC's prompt attention to the concerns and audit findings regarding financial controls at the Tourist Development Council (TDC). He said continued BOCC engagement is crucial, given the significant tax dollars involved. Last Stand urges the BOCC to heed recent public feedback on the TDC, recognizing it as an opportunity for reflection, evaluation, and constructive reforms.

Last Stand expresses strong support for preserving public access to open water, specifically at Bay Drive Waterfront Park in Tavernier/Key Largo. We oppose proposed changes to Monroe County’s Code (Sec. 19-1) that could privatize public rights-of-way leading to open water, citing the negative impact on public access. Last Stand applauds the County's efforts in managing Bay Drive Park but urges the Commissioners to explore alternative solutions to manage waterfront areas without reducing access.