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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. 

Rogo

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.

Rogo

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.

 

Rogo
Rogo

Learn More About Building in the Keys Here

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.

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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.

The Florida Keys

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 & 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.

Sign up for our Newletter or Download our free List of Service Providers 

Includes Local home Inspectors and Insurance compaines 

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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! 

The Future of ROGO in the Florida Keys

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Click to Learn More about Building in Monroe County

Amy Prumo & Thomas Carden

Amy and Tom are top real estate agents in the Florida Keys. Amy’s impressive credentials and unmatched marketing programs ensure maximum exposure for your property to a wide audience of potential buyers. Tom’s expertise in Building, Planning, Zoning, and Development, along with his track record of building homes in key areas, makes him an invaluable asset in the industry. Together, Amy and Tom form an exceptional team that delivers exceptional results for their clients.

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.

Building

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?

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.

Coldwell Banker Schmitt Real Estate

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 & 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.

Sign up for our Newletter or Download our free List of Service Providers 

Includes Local home Inspectors and Insurance compaines 

Newsletter Signup Form
Service Provider Download

How much does a Transferable Building Allocation Cost?

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What Comes Next for ROGO in the Florida Keys?

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 City of Marathon is set to deplete its allocations by mid-2024, and the county has slowed its pace, anticipating the end of ROGO in 2026.

The Florida Keys

Background

For those not familiar, the Rate of Growth Ordinance, or ROGO, was established in 1992 to ensure resident safety during hurricanes. It introduced a competitive permit allocation system, where the highest-scoring applications receive building permits. If you want a deeper understanding of ROGO, check out our previous posts for more detailed information.

Legal Battles Ahead

For a while now, the county and other municipalities have been aware that the conclusion of ROGO would trigger lawsuits. Numerous legal challenges could emerge, potentially costing millions or even billions of dollars. The pressing question is: who foots the bill for these lawsuits—the state, the county, or the cities? In 2019, proposed legislation recommended a 50-50 split between the state and local municipalities for compensation in successful takings cases.

KEY COLONY POINT

Latest Update on ROGO

If you missed it, Keys Weekly recently published an article following a County Commissioners meeting. Check out the link for the full read.

In essence, the article delves into the Florida Department of Commerce’s exploration of changes to hurricane evacuation models, potentially resulting in 8,000 new building permits in the Florida Keys.

If the state issues these additional permits, allowing construction on all lots, it could significantly impact the local real estate market!

Transferable building rights in Marathon are currently at an all-time high, costing $200,000. However, with transfer fees and closing costs factored in, buyers are paying around $275,000 for a building allocation today.

Consider the effort people have put into obtaining allocations; it has become incredibly competitive in recent years. All the extra expenses individuals incurred to gain more points might now seem like a wasted investment!

Our Prediction for ROGO

This is what I think will happen. It’s just my opinion and thoughts, so please make your decision based on what you want to do!

I think that the state and the county don’t currently have, and will not have, the funds to take on all the lawsuits that are about to occur once ROGO officially stops.

ROGO was designed for life safety reasons, but we all know how government works, and money talks. Due to financial reasons, I think the state will end up issuing about 4,000 more allocations. Even though, in my prediction, it’s still only half, this number of allocations will still disrupt the real estate market.

Right now, it has been extremely hard to sell vacant land because every buyer is worried they won’t be able to build on the lot. The value of land has gone down, which is crazy to think about because here in the Keys, land is so valuable. In Marathon, there was a sale of a vacant lot with an allocation for $225,000. If the allocation is worth $200,000, then that would make the land only worth $25,000.

If the state issues more permits, then the cost of a building allocation will go down, and the land value will go up.

As previously noted, sellers are currently earning around $200,000 for a building allocation. If I had an additional allocation to sell, I would prefer to sell it soon before the county distributes these new allocations, causing a decrease in their value.

If I had some extra cash, I would try to buy vacant land. Many people and other real estate agents are not paying attention to this, so prices are low right now for land. Yes, there is still some risk to this as none of this is guaranteed. As it sits right now, getting a permit on a vacant lot is extremely hard. But they say the bigger the risk, the bigger the reward.

If I owned a vacant lot and didn’t need to sell or wanted to invest in something else, I would keep my vacant lot for a little longer to see what happens. However, there is some risk in this; if they do end ROGO, you’ll end up having to go through the lawsuit process.

Alright so that’s the scoop on the ROGO rollercoaster in the Florida Keys!  What do you think is going to happen? 

Learn More About Building in the Keys Here

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.

Sign up for our Newletter or Download our free List of Service Providers 

Includes Local home Inspectors and Insurance compaines 

Newsletter Signup Form
Service Provider Download

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...

Wind and Flood Insurance Update Florida Keys

2024 Wind and Flood Insurance Update Welcome to a quick overview of the current state of wind and flood insurance in the Florida Keys. Let's explore recent changes, ongoing efforts, and how they affect residents and policies in our beautiful community. Citizens - Wind...

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...

Florida Keys Flood Plan

Florida Keys Flood Plan Management Florida Keys Flood Plan is under review. Recently we shared with you the new ordinance that was adopted that effected downstairs enclosures here in the Florida Keys.  The new ordinance caused a lot of commotion in the community and...