NEW DOWNSTAIRS ENCLOSURE INSPECTIONS DRAW OPPOSITION

JIM McCARTHY jim@keysweekly.com

Downstairs enclosures seller would need to request an inspection if they have a downstairs enclosure below flood level. County building staff would inspect the structure documentation would be provided stating whether the enclosure is in compliance with county standards.

— spaces under stilted homes whose legality as living spaces has long been debated — are again a hot topic in unincorporated areas of Monroe County.

Monroe County Trauma Star is operated in partnership with the Board of County Commissioners, Sheriff’s Office and Fire Rescue. Sikorski S76s, pictured, are currently used to transport patients to critical care facilities in Miami. On March 22, the BOCC approved the purchase of three new Leonardo AW139 helicopters to boost operations. MCSO/Contributed

JIM McCARTHY

jim@keysweekly.com

Speed, range and lift: That’s what three new air ambulances will provide to an area that averages close to 1,400 flights annually from the Keys to critical care facilities in Miami.

The county Trauma Star program, a partnership of the Monroe Board of County Commissioners, Sheriff’s Office and Fire Rescue, currently flies patients using three Sikorski S76s. The helicopters are over 20 years old, with a 25-year life expectancy. Monroe county commissioners approved the purchase of the larger and more powerful Italian-made Leonardo AW139 helicopters during a March 22 meeting at the Murray Nelson Government Center in Key Largo.

Sheriff Rick Ramsay said the program won’t receive those helicopters — at a total price of $52 million — for another two years, since they have to be built and outfitted. Pilots will also need training. Ramsay described Monroe County Trauma Star as one of the busier programs in the country. Average air medical programs across the U.S. conduct 260 flights a year.

County residents who are airlifted out of the county to a care facility in Miami aren’t balance billed, which is when a provider bills the difference between the provider’s charge and the allowed amount.

“This program is four flights a day and we’re saving lives each day,” Ramsay said. “We never thought this program would be flying in the black. … Public safety is never designed to make a profit, but we’re able to make a profit and still provide free service to citizens.”

Ramsay said Miami-Dade’s air ambulance program also uses the AW139 Leonardo. Flying at 190 mph, the helicopter would be able to get a patient from the Dry Tortugas to Miami without needing to stop and refuel. Ramsay said the program also needed a larger helicopter that could carry two adult patients along with pilots, medical staff and equipment.

“It made our decision to go after this aircraft very limited after looking at the special needs in our area,” Ramsay said. “Most other areas are flying a single patient and a 10-minute flight. Ours are longer.”

Funding for the three new helicopters comes out of the infrastructure penny sales tax, which is paid not only by residents but also by tourists. The penny sales tax was extended via referendum in November, according to the county. The money also helps pay for fire station projects, among other expenses.

County flood regulations approved by Monroe County commissioners in late 2022 took effect March 7. With them came changes to the definition and size of an accessory structures. Not new to the code, however, is an inspection that’s required of downstairs enclosures prior to the sale of property in unincorporated Monroe County. Known as the Transfer of Ownership program, the rule has been in effect since 2012, but the inspections weren’t regularly performed by the county’s building department, which lacked the capacity to perform them.

For many Keys title and real estate agents, the inspection requirement that carried forward into the new flood regulations came as a surprise. Some within the Keys real estate world said they were only made aware of the inspection requirement from an email by the Florida Keys Board of Realtors several days after the ordinance took effect.

Downstairs enclosures have long been an issue in the Florida Keys, as they formerly provided affordable housing in the form of studio apartments, but were made illegal due to their vulnerability to flooding. The units continued to appear and exist, however, often through unpermitted work.

County commissioners acknowledged the confusion within the real estate community over the rule and concern over how it would affect upcoming real estate closings. As a result, the BOCC put a temporary bandage on the issue by approving a resolution that shields sellers from any lawsuits by buyers in regard to the inspection program. Commissioners also set a special April 6 meeting at 10 a.m. at the Marathon Government Center to further discuss the matter.

“Nobody was preparing for it to take effect,” County Mayor Craig Cates said.

Karl Bursa, county senior floodplain manager, said a buyer or a

If a downstairs enclosure was found to be illegal and unpermitted, Bursa said there would be no code compliance case brought against the owner where a teardown would be required of the enclosure. But it would affect the new property owner’s ability to obtain a permit if that enclosure was identified by the county as illegal and unpermitted.

Bursa said the inspection requirement was put in place to inform the buyer whether the downstairs enclosure complies with current county regulations.

Marlen Weeks, a Key Largo resident and title agent, said she learned of the inspection program through a friend who encouraged her to watch the March 14 Contractors Examining Board meeting. Weeks was critical of county staff for not reaching out to title agents, loan officers, real estate agents and local boards to present information. She said the industry is trying to figure out how to move forward while the county works on the details needed to carry out the inspections. She asked the BOCC to change the effective date of the inspection until the building department has forms and staff in place.

“If these revisions were adopted in November, why isn’t the process already in place? You have caused unnecessary chaos in our industry, which has real-world consequences for all of us,” she said.

Changes to the code through an ordinance began with community meetings in December 2021 and in January and February 2022. The proposal then went through the county’s Development Review Committee, planning commission and the BOCC, which approved the ordinance on Nov. 15, 2022. Emily Schemper, county planning director, said the county doesn’t normally notify every single party who may be affected by an ordinance. “They’re publicly noticed when there’s an adoption hearing. In November at the adoption hearing, it was noticed.”

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March 26 To April 1

Join your favorite restaurants in supporting the mission of MARC. Each participating restaurant will donate a portion of their sales for the week to MARC. Enjoy your meals!

March is National Developmental Disabilities Awareness month. MARC provides wrap around life services for adults throughout Monroe County with Developmental and Intellectual disabilities.

PARTICIPATING RESTAURANTS INCLUDE:

Thousands of Monroe County residents and guests gathered March 25 at the Coffee Butler Amphitheater in Key West to celebrate the Florida Keys Bicentennial. The 200-year anniversary soiree included a drone “fireworks” show, loads of trop rock, Keys cuisine and of course … plenty of rum and margaritas. And while we tip our hats to the organizers on a job well done, two centuries of pirates, famous authors, land development and partying got us thinking — just how much have the Keys really changed in 200 years? Always here to help, with extensive journalistic research — and plenty of rum, we found…