ROGO Florida Keys

ROGO Florida Keys

What SB 180 Means for ROGO Florida Keys: 900 New Building Rights on the Horizon

 

Big changes could be coming to the Florida Keys housing landscape. A recently passed bill—Senate Bill 180—is now waiting on Governor Ron DeSantis’ signature, and it could open the door for up to 900 new building rights across the island chain over the next 10 years.Morning Walks/ biking

One of the unique features of Key Colony Beach is that you can easily explore the island on foot or by bike. We highly recommend taking a leisurely walk or bike ride along the path and down Sadowski Causeway, especially during the tranquil morning hours. Not only is it a great way to stay active, but you’ll also have the chance to connect with fellow tourists and residents. Starting your day with a stroll or bike ride is an excellent way to enjoy the natural beauty of Key Colony Beach while also getting some exercise.

What’s in the Bill?

At its core, SB 180 updates Florida’s hurricane evacuation policy for the Keys. The statutory evacuation clearance time for permanent residents is being raised from 24 hours to 24.5 hours—a seemingly minor change with major implications.

That half-hour increase gives the Florida Department of Commerce enough flexibility in its evacuation models to allow additional residential development in the Keys—something that’s been tightly restricted due to the region’s designation as an Area of Critical State Concern.

How Many ROGO Units, and Where?

The bill allows up to 900 new residential allocations, distributed over at least 10 years. The units will be spread among local jurisdictions—including Monroe County and incorporated cities like Marathon, Key West, and Islamorada—based on the number of vacant, buildable lots in each area.

Each buildable lot can receive only one allocation, with priority given to owner-occupied homes, affordable housing, and workforce housing. That means the units won’t go toward large-scale developments but will instead support essential housing for local residents.

Key Colony Beach

A Win for Local Governments

This bill is being viewed as a strategic win for local municipalities, especially in light of ongoing legal threats from property owners holding buildable lots. When local governments run out of building rights, they risk so-called “takings cases,” where landowners sue for loss of use and value. SB 180 helps protect against those lawsuits by making a limited number of new allocations available.

State Representative Jim Mooney, who played a key role in the bill’s development, said lawmakers had to strike a balance between growth and safety. “The reality is that 90 units a year over 120 miles is not urban sprawl,” he said.

Still Some Questions with ROGO

While the bill is a step forward, some details remain unclear. For example, what happens to lots that could legally accommodate more than one unit? And how will the policy impact multi-unit affordable housing projects, which rely on more flexible allocation models?

Despite these unanswered questions, the direction is clear: Florida lawmakers are trying to ensure property rights are respected while still preserving the safety, character, and environmental integrity of the Florida Keys.

What It Means for Real Estate

For developers, agents, and homebuyers, this bill signals a slight easing of building restrictions—especially for those focused on affordable housing. However, with only 900 units allowed over 10 years, supply will remain limited, and demand for developable land is likely to stay high.

Keep an eye on how local governments allocate these new rights and what guidance they provide in the months ahead. If you’re holding vacant land in the Keys, or are considering a purchase, this legislation could directly impact your options.

Amy Prumo & Thomas Carden

Prumo & Carden

Amy’s success as a Florida Keys Elite Agent and Diamond Award Winner is truly awe-inspiring. With over a decade of experience in the real estate industry, she has cemented her position as a trailblazer and pioneer. Her unwavering commitment to excellence is reflected in her impressive academic credentials, which include a Master’s Degree in Marketing and Management. Amy’s marketing programs are simply unmatched, ensuring that your property is showcased to the widest audience of potential buyers, thus guaranteeing maximum exposure.

 

Tom is an accomplished expert in the Building, Planning, Zoning and Development field, with an extensive career spanning over several years. He has worked in the Civil Engineering Department for the USAF and was the Building Official/Director of Building Planning and Zoning for a municipality for over a decade. Additionally, he is the owner of Alliance Custom Builders, a testament to his entrepreneurial spirit. Tom’s impressive track record includes building homes in both Marathon and Key Colony Beach. He holds twenty licenses through the International Code council, including Commercial & Residential Plan Reviewer and Certified Building Official, cementing his position as a true leader in his field.

The Future of ROGO in the Florida Keys

Rogo In the Florida Keys

Yesterday, our office had the privilege of meeting with Kimberly Matthews, Sr. Director of Strategic Planning in Monroe County. She gave us a great presentation about the future of Rogo here in the Florida Keys.

Here are some takeaways from our meeting with her. We will also include some slides.

FloridaCommerce is responsible for the creation and updating of the FL Keys Evacuation Model. In 2013, they established a 10-year planning horizon ending in 2023. 

Data is currently being gathered for a new model, which will be revised by the Governor’s Advisory Council in January 2025, establishing a new 10-year planning horizon. 

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Monroe County will recommend their considerations to the state for the new plan, taking into account infrastructure, public facilities/services, environmental costs, financial liabilities to taxpayers, and property rights.

The general planning timeline to evacuate the county’s entire population is 24 hours.

As of June 2024, there are approximately 67 ROGOs left in the Upper Keys, 63 in the Lower Keys, and 9 in Big Pine/No Name.

There are 22 affordable rights left, but all have been spoken for. 

Administrative Relief includes 144 market and 300 Early Evacuation Affordable ROGOs left.

There are an estimated 2,220 lots left that could potentially be developed. Owners of these lots who do not receive allocations could file takings claims. The county’s potential takings liability is estimated at $1 billion.

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Latest Update on ROGO

The cost of defending property rights claims is borne countywide by taxpayers, who may see property tax increases. 

However, taking liability remains manageable by continuing the ROGO system. Managed slower growth is acceptable and should be expected.

 

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Learn More About Building in the Keys Here

Amy Prumo

Amy Prumo – 310-384-5647

[email protected]

Amy’s success as a Florida Keys Elite Agent and Diamond Award Winner is truly awe-inspiring. With over a decade of experience in the real estate industry, she has cemented her position as a trailblazer and pioneer. Her unwavering commitment to excellence is reflected in her impressive academic credentials, which include a Master’s Degree in Marketing and Management. Amy’s marketing programs are simply unmatched, ensuring that your property is showcased to the widest audience of potential buyers, thus guaranteeing maximum exposure.

 

 

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How much does a Transferable Building Allocation Cost?

How much does a Transferable Building Allocation Cost?

Understanding the Costs of a Transferable Building Allocation

So, you want to build a home in Marathon, Florida, and you’re thinking about buying a Transferable Building Right (TBR) because you don’t want to wait forever in BPAS. However, you’re not sure what the cost will be.

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Total Cost Breakdown of a Transferable Building Allocation

Well, you’re in luck because today we will cover the total cost of purchasing a Transferable Building Right (TBR) for the City of Marathon.

  • The average cost of a Transferable Building Allocation in Marathon, Florida, has been around $200,000. However, in the past few months, we’ve seen more Transferable Building Allocations come on the market. As a result, prices have fluctuated between $170,000 and $220,000

Marathon, FL

Additional Fees

  • Now, with TBRs in Marathon, there is a $40,000 transfer fee. This fee is set by the City of Marathon, so there are no discounts on it!

  • When you’re buying a TBR, you have to look closely at each one. Some transferable building allocations will indicate that the $40,000 transfer fee has already been paid. So, you could save some cash depending on the list price. However, some sellers just charge a higher list price, so there might not be any real savings.

Closing Costs

  • The second thing you need to understand is that most sellers require buyers to cover ALL closing costs, including commissions. You may see language in the description stating “buyer to pay all closing costs and seller to net $200,000.”

  • As always, commissions are negotiable. However, in Marathon, most real estate agents charge a 10 percent commission on TBRs. Not every agent charges this rate, so feel free to call us for more details. Since sellers typically request buyers to cover ALL closing costs and buyers have been complying, sellers have often agreed to the 10 percent commission.

Detailed Estimate

Here is an estimate of the cost of a Transferable Building Allocation at a sale price of $200,000:

  • Contract sales price: $200,000.00
  • Application Fee: $600.00
  • Settlement Agent Fee: $2,000.00
  • Recording Fee: $300.00
  • Document Stamps: $1,400.00
  • City Transfer Fee: $40,000.00
  • Commission: $20,000.00

Total Estimate: $264,300.00

Finding the Right TBR

If you’re on the hunt for a Transferable Building Allocation, make sure to carefully review each one to understand the true costs involved. With numerous allocations on the market offering different scenarios, finding the most economical option can be a bit tedious. However, as your agent, we would be happy to handle this process for you.

Contact Us

If you have any questions about Transferable Building Allocations or building in the Keys, feel free to reach out anytime.

Learn More About Building in the Keys Here

Amy Prumo

Amy Prumo – 310-384-5647

[email protected]

Amy’s success as a Florida Keys Elite Agent and Diamond Award Winner is truly awe-inspiring. With over a decade of experience in the real estate industry, she has cemented her position as a trailblazer and pioneer. Her unwavering commitment to excellence is reflected in her impressive academic credentials, which include a Master’s Degree in Marketing and Management. Amy’s marketing programs are simply unmatched, ensuring that your property is showcased to the widest audience of potential buyers, thus guaranteeing maximum exposure.

 

 

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Rate of Growth Ordinance Update – ROGO 

Rate of Growth Ordinance Update – ROGO 

ROGO – Rate of Growth Ordinance Update 

Recently, Monroe County convened a workshop in Key Largo to discuss the future of ROGO. During this session, the county revealed new research findings indicating a significant revision in the number of buildable lots within the Florida Keys. Previously estimated at around 8,000, meticulous research and application of zoning laws now suggest there are approximately 3,000 viable building lots left in the Keys.

This fresh insight has stirred up quite the buzz among locals in the Keys, sparking heated debates about whether it’s wise to continue building there. With counties and cities on edge about potential lawsuits if building regulations change, everyone’s walking on eggshells. As stakeholders mull over their options, the Keys are treading carefully through the complexities of development and legal frameworks.

Read the latest article published by the Keys Weekly Here –

Don’t forget to check out our Building Page for all the information you Need! 

ROGO Florida Keys

What SB 180 Means for ROGO Florida Keys: 900 New Building Rights on the Horizon   Big changes could be coming to the Florida Keys housing landscape. A recently passed bill—Senate Bill 180—is now waiting on Governor Ron DeSantis’ signature, and it could open the...

The Future of ROGO in the Florida Keys

Rogo In the Florida Keys Yesterday, our office had the privilege of meeting with Kimberly Matthews, Sr. Director of Strategic Planning in Monroe County. She gave us a great presentation about the future of Rogo here in the Florida Keys. Here are some takeaways from...

How much does a Transferable Building Allocation Cost?

Understanding the Costs of a Transferable Building Allocation So, you want to build a home in Marathon, Florida, and you're thinking about buying a Transferable Building Right (TBR) because you don't want to wait forever in BPAS. However, you're not sure what the cost...

Rate of Growth Ordinance Update – ROGO 

ROGO - Rate of Growth Ordinance Update  Recently, Monroe County convened a workshop in Key Largo to discuss the future of ROGO. During this session, the county revealed new research findings indicating a significant revision in the number of buildable lots within the...

Bpas / ROGO in Marathon, Florida

ROGO in Marathon, Florida Marathon, Florida Facing Building Allocation Shortage Marathon, Florida is nearing the end of its building allocations. (ROGO) Once exhausted, owners of vacant lots may resort to legal action against the city for denying them the opportunity...

The Future of Rogo in the Florida Keys

Rogo The anticipation is high regarding the future of ROGO in the Florida Key. Islamorada has officially exhausted its building allocations. The City of Marathon is set to deplete its allocations by 2025, and the county has slowed its pace, anticipating the end of...

What Comes Next for ROGO in the Florida Keys?

Rogo In the Florida Keys The anticipation is high regarding the future of ROGO in the Florida Keys, and we're curious too! Islamorada has officially exhausted its building allocations, and they're now considering what to do with a few "administrative permits." The...

Understanding Downstairs Enclosures in the Florida Keys

Downstairs Enclosures: What You Need to Know Background Living in the Florida Keys comes with unique challenges, especially when it comes to understanding the rules regarding downstairs spaces in homes. Rules for Downstairs Enclosures Here in the Florida Keys, the...

What do you mean I can’t build on my own land

What do you mean I can’t build on my land? Why can't I just build on my own land? If you're thinking about snagging a piece of empty land down in the Florida Keys with big dreams of putting up your own house one day, hold your horses and do some digging first. It's...

Need to Know ABC’s Of The Florida Keys -Acronyms

Development & Regulatory ABC’s in the Florida Keys. The following is a list of the most common acronyms associated with Development, Permitting and Government Regulation in the Keys with a brief description and explanation of how it impacts or integrates into the...

Click to Learn More about Building in Monroe County

Amy Prumo

Amy Prumo

310-384-5647

[email protected]

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Bpas / ROGO in Marathon, Florida

Bpas / ROGO in Marathon, Florida

ROGO in Marathon, Florida

Marathon, Florida Facing Building Allocation Shortage

Marathon, Florida is nearing the end of its building allocations. (ROGO) Once exhausted, owners of vacant lots may resort to legal action against the city for denying them the opportunity to build on their properties.

Marathon and Monroe County Strike Deal

Marathon City and Monroe County have reached an agreement to prevent lawsuits. Marathon will temporarily borrow building allocations from the county.

Marathon initiated paperwork to request additional building allocations from the state. However, Monroe County preferred a comprehensive assessment of available buildable lots and infrastructure needs before proceeding. The county consented to loan allocations to Marathon on condition that the city postpones further requests from the state.

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ROGO News Article 

Here is a link to the most recent news article where this was addressed

https://keysweekly.com/42/bpas-band-aid-marathon-monroe-county-outline-building-allocation-loan/

Is Borrowing Building Allocations a Good Idea?

Is relying on temporary borrowing of building allocations truly a viable long-term solution for Marathon’s development challenges? While it may stave off immediate legal action, it doesn’t guarantee immunity from potential future lawsuits if the state doesn’t allocate more permits. Additionally, what about property owners in line for ROGO on their vacant lots in the county? With a limited number of permits available, borrowing allocations could negatively impact their opportunities for development. Considering these factors, is temporary borrowing a sustainable approach, especially if the state fails to allocate more permits in the future?

What are your thoughts on Marathon temporarily borrowing building allocations from Monroe County to address its shortage? Do you believe this is a viable solution for the city’s development challenges, or do you foresee potential drawbacks in the long term?

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The Future of Rogo in the Florida Keys

The Future of Rogo in the Florida Keys

Rogo

The anticipation is high regarding the future of ROGO in the Florida Key. Islamorada has officially exhausted its building allocations. The City of Marathon is set to deplete its allocations by 2025, and the county has slowed its pace, anticipating the end of ROGO in 2026.

Background of Rogo

For those not familiar, the Rate of Growth Ordinance, or ROGO, was established to ensure resident safety during hurricanes. All of the Florida Keys are designated as an Area of State Critical Concern which served to constrict and control new development based on Hurricane Evacuation and provide oversight by the State. A 24-hour maximum evacuation time for residents and a 48-hour evacuation time for transient guests was established in Florida Law.

The Department of Community Affairs, now DEO, monitors evacuation times, reports to the Governor, and awards building permits every decade. The latest tranche, awarded in 2013, expires on June 31, 2023.

Key Colony Beach Club

New Study for Rogo

Currently, a new evacuation study is underway, and indications from prior research suggest that the 24-hour evacuation time might have been exceeded. If this holds true, it is widely recognized that the Florida Legislature would need to enact fresh legislation, extending the evacuation period to facilitate the issuance of more residential building permits.

Past evacuation models suggest that extending the evacuation time to at least 30 hours would be necessary to meet the demand for residential dwelling unit permits, allowing for the construction of homes on the approximately 8000 estimated buildable lots in the Keys.

5 Scenarios

The DEO presented the County and Keys’ Cities with five scenarios, spanning from a complete halt on residential building permits to the potential allocation of permits for nearly all of the estimated 8000 buildable lots.

Balancing these diverse interests and formulating a plan acceptable to Legislators in Tallahassee presents a formidable challenge. The ongoing development raises environmental concerns, with arguments suggesting that the Keys have exceeded their environmental and biological carrying capacity. This is evident in the decline of fish stocks, coral bleaching, water quality loss, and eutrophication. The addition of complexities arises from the need to expand evacuation times, address sea level rise, and tackle traffic issues.

On the other hand, restricting property owners from building might necessitate the government purchasing lots at fair market value, potentially incurring costs amounting to billions and placing a burden on local taxpayers.

KEY COLONY POINT

The Response

The County responded to DEO by requesting a postponement of any action until the 2025 Legislative Session.

Educated Guess for Rogo

Here’s what could unfold after plenty of discussions, debates, and careful consideration of the far-reaching impacts of the two extreme scenarios on the table.

It is likely that more residential permits will be allocated by the State in the next three years to avert taking cases and that the rate of permits being awarded to property owners will be at or below current levels.

To accommodate more permits the evacuation times established for residents will have to be increased from the current 24 hours. If that time is increased to about 30 hours there would potentially be enough permits available to build almost 8000 new homes on all of the buildable lands remaining in the Keys.

It will take many years to provide for all of the infrastructure necessary to support new residential units including expanded and improved roads, central sewer, stormwater, along with increased potable water and electric capacity as well as the work force housing necessary to support these new units.

As a result, whatever new allocations that are issued will likely be metered out over possibly decades as the infrastructure is put in place.

Should the Legislature choose to extend evacuation times, the subsequent allocation of new residential dwelling units would fall under the purview of the Governor and Cabinet.  Local jurisdictions would then play a pivotal role in determining housing ratios and ownership preferences, further contributing to the intricacy of the balancing act.

Those property owners whose use of their land is ‘taken’ by regulation can petition government to compensate them for the loss of use of their property.

The future of ROGO in the Florida Keys remains intricate and subject to ongoing discussions and decisions.

Learn More About Building in the Keys Here

Amy Prumo

Amy Prumo

Amy’s success as a Florida Keys Elite Agent and Diamond Award Winner is truly awe-inspiring. With over a decade of experience in the real estate industry, she has cemented her position as a trailblazer and pioneer. Her unwavering commitment to excellence is reflected in her impressive academic credentials, which include a Master’s Degree in Marketing and Management. Amy’s marketing programs are simply unmatched, ensuring that your property is showcased to the widest audience of potential buyers, thus guaranteeing maximum exposure.

 

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