Monroe County Local Rider

In the Florida Keys, we understand the unique and specific issues that can arise in this beautiful region. To address these local concerns effectively, we have incorporated the Monroe County Local Rider into our sales contracts when buying or selling a house.

Unlike the Florida As-Is Contract, which is used throughout the state, the Monroe County Local Rider tailors the contract to reflect the distinctive circumstances that are pertinent to this area. By doing so, we ensure that both buyers and sellers are well-informed and protected against any potential challenges specific to the Florida Keys.

This localized approach allows us to address key factors such as governmental inspections, open and expired permits, the presence of the property on the species focus list, seller financing options, regulations on downstairs enclosures, and considerations for foreign buyers.

Government Inspections

Many sellers prefer to limit the involvement of government inspections on their property. In the “Governmental Inspections” section of the contract, the seller has the option to choose whether they will allow the buyer to conduct governmental inspections during the Inspection Period or not.

The seller can either:

[ ] ALLOW the buyer to conduct Governmental Inspections during the Inspection Period, which means the buyer can involve government authorities in inspecting the property.

[ ] DOES NOT ALLOW the buyer to conduct Governmental Inspections during the Inspection Period. In this case, the buyer must rely solely on private inspection firms and contractors for any necessary property inspections.

By selecting either option, the seller can control the extent of government involvement during the inspection phase, ensuring that any inspections are conducted based on their preference and the buyer’s agreement.

Open and Expired Permits

The Monroe County Local Rider alters the responsibility concerning Open and Expired Permits within the “As Is” Residential Contract for Sale and Purchase. Under this rider, the obligation to address open or expired permits shifts from the buyer to the seller.

It becomes the seller’s responsibility to close any open or expired permits before the scheduled closing date. Should the seller fail to meet this requirement within the specified time frame, the closing can be extended for up to 15 days. Despite the presence of open or expired permits, the buyer still has the option to proceed with the property if they choose to do so.

This shift in responsibility and the possibility of an extended closing period ensures that all necessary permit-related issues are dealt with before finalizing the transaction, promoting transparency and protection for both parties involved in the real estate deal.

Species Focus List – SFA List

The “Species Focus Areas (SFAs)” or “Species Buffer Areas (SBAs)” represent regions with potential habitat for nine federally protected species. These species include the Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat, Key Tree Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail. The identification of these SFAs and SBAs was carried out by the U.S. Fish and Wildlife Service to safeguard and preserve the natural environment and the habitats critical to the survival of these protected species.

Once your property is listed on the Species Focus Areas (SFA) list, it cannot be removed from the list. If your home is already constructed, being on the list usually does not pose a problem. However, potential issues may arise if you plan to make certain changes to the property, such as adding a pool or removing trees. In such cases, you may encounter some restrictions or additional requirements due to the presence of protected species in the area. It’s essential to be aware of these considerations and consult with the relevant authorities to ensure compliance with regulations while undertaking any modifications to the property.

If you are planning to build new construction within designated “Species Focus Areas” or “Species Buffer Areas,” you will be required to undergo the Permit Referral Process. This process involves an additional layer of review during the permitting phase to ensure compliance with the Federal Endangered Species Act. The goal of this requirement is to safeguard and protect the habitats critical to federally protected species and to ensure that new development adheres to environmental regulations to preserve the local ecosystem.

Monroe County SFA

Seller Financing

Absolutely, for buyers considering seller financing, this part of the contract requires close attention. When a seller provides financing, they may waive certain insurance policies that would typically be required of the buyer. Specifically, the seller has the option to waive the following insurance policies:

[ ] Fire

[ ] Windstorm

[ ] Flood

If none of the boxes are checked, it means that the insurance policies are required, and the buyer must obtain them as part of the financing agreement. However, if the seller checks any of the boxes, it indicates that they are waiving the corresponding insurance policies, and the buyer would not be obligated to obtain them. This part of the contract is crucial for buyers to review carefully, as it directly impacts their insurance responsibilities under the seller financing arrangement.

Downstairs Enclosures

For unincorporated areas in Monroe County, there is a specific ordinance (026-2022, Section 122-15) effective from March 7, 2023. This ordinance requires a governmental inspection of downstairs enclosures for properties where construction began on or after June 15, 1973. It’s important to note that Monroe County does not conduct these inspections. However, the ordinance grants buyers the right to pursue a civil action against the seller if the inspection hasn’t been carried out. By acknowledging this, the buyer agrees to waive the civil remedies stated in the ordinance, and any potential issues will be addressed through other means, such as those outlined in the contract or provided by Florida law.

Foreign Buyers

Florida Statutes 2023, Part III of Chapter 692, Sections 692.201 – 692.205, includes regulations that limit and control the sale, purchase, and ownership of specific Florida properties by buyers associated with “foreign countries of concern.” These countries include the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, and the Syrian Arab Republic.

Buying or knowingly selling property in violation of this Act is considered a crime.

To comply with the Act, buyers must provide a signed Affidavit during the purchase process. Both the seller and buyer are encouraged to seek legal advice to understand their obligations and liabilities under this law thoroughly.

Conclusion

In conclusion, the Monroe County Local Rider introduces essential provisions specific to the Florida Keys, offering valuable insights and protections for buyers and sellers in real estate transactions. By understanding and addressing these critical factors, parties involved in property transactions can navigate the unique challenges and opportunities presented in the Florida Keys market, ensuring a smoother and more informed buying and selling experience.

DOWNLOAD a Copy of the Monroe County Local Rider