Buying a Home in the Florida Keys
As you may be aware, the environment that makes the Keys so attractive to thousands of people is a fragile environment the requires considerable attention to protect its health and beauty. This fact has created a requirement for close management of all activities that have or might have negative impact on the environment now or in the foreseeable future. The result is a number of "unique to the Keys" regulations and procedures concerning property ownership. They are provided for information purposes of broaden your understanding of what is invalided when purchasing property in the Keys.
Flood Insurance:
The buyer must determine the insurability of the property against flood
damage by seeking the advice of a qualified insurance agent. Structures
built before January 1, 1975 (pre-firm) are subject to rules governing
substantial and non-substantial improvements to pre-firm structures which
may limit the reconstruction, rehabilitation or addition to the pre-firm
structure. Structures built after January 1, 1975 that has enclosures
below the Base Flood Elevation (BFE) are typically not habitable. The
existence of habitable space below the BFE may require demolition or
an increase in insurance premium. Buyers should contact the Monroe County
Federal Emergency Management Coordinator or the City of Key West, City
of Key Colony Beach, City of Layton, City of Islamorada and City of Marathon
to ascertain how these rules may impact on the property of interest.
Coastal Barrier Resources System Act (CBRS):
Certain properties in Monroe County may be affected by the Federal Coastal
Barrier Resources System Act or proposed amendments. For information
contact the United States Department of the Interior, the Monroe County
Planning Department or your legal representative. Property so designated
is not eligible for federally subsidized flood insurance as well as other
benefits.
Land Use Disclosure:
Due to the unpredictable and constantly changing status of the municipal,
county and state regulations for property developments in Monroe County
each buyer should contact the appropriate local government department(s)
to determine how the subject property may be affected by the Comprehensive
Plan and the action necessary to ensure compliance with the plan. Additionally,
a property may be affected by restrictive covenants in the form of deed
restrictions, Homeowners Association Rules & Restrictions, etc. Every
Buyer needs to inquire about them. They also should inquire into state
and local governmental zoning and land use regulations and restrictive
covenants to determine whether the subject property is in compliance
with all state and local government laws, codes and ordinances, and restrictive
covenants.
Monroe County Growth Management Division, 305-289-2500 Key Colony Beach
Building & Zoning, 305-289-0247 City of Key West, 305-295-1000 City
of Layton, 305-664-4667 City of Islamorada 305-664-2345 City of Marathon,
305-289-2501
Monroe County Year 2010 Comprehensive Plan:
The use of the property may be affected by the Land Use Plan, enacted September
15, 1986, revised 1/96 with subsequent revisions due every five (5) years
hence or the availability of utilities and sewage disposal now or in
the future. The transient rental of single-family residences in I.S.
districts has been questioned by Monroe County and regulation by Local
or State government may restrict such rentals in certain areas. Properly
functioning septic tanks are the minimum permissible on site sewage disposal
systems (OSDS). An allocation ordinance exists which limits the number
of building permits issued for residential dwelling units. Prior to signing
a contract, seek legal counsel or consult with the Monroe County Planning
and Zoning Departments. Monroe County is an area of State Critical Concern
that heightens the degree of regulation by the State of Florida.
City of Key West Land Use:
The City of Key West has debated the definition of vacation rentals and
implementation of legislation to regulate, license, permit or prohibits
within the City limits of Key West. If a Buyer is considering renting
their property they should discuss the status of this issue with the
Key West Planning Dept. to understand its impacts on the Buyer's proposed
use of the property.
Non-Conformities:
Structures and uses that do not conform to uses provided for in the land
use category that the property or use is located in are considered non-conforming.
Such uses and structures are currently allowed to continue but they are
not allowed to be expanded, enlarged or continued if substantially destroyed
(more than 50% of the value of the structure). Zoning together with the
uses provided there under which do not conform to the future Land Use
Designations are considered non-conforming. Furthermore, non-conformities
are jeopardized if abandoned. Buyers should to seek legal counsel or
consult with the Monroe County Planning and Zoning Department to determine
whether a property is non-conforming today or may be in the future.
Radon Gas:
Radon is a naturally occurring radioactive gas that, when it has accumulated
in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal
and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your
county public health unit. Pursuant to 404.056(8), Florida Statutes.
Energy Efficiency Rating:
The Purchaser may have the Energy Efficiency Rating of the building determined
at buyers expense by a person certified by the Department of Community
Affairs.
Concrete Disclosure:
Various concrete structures in the Keys have been found to contain excessive
levels of Chloride. This has caused a condition known as spalling which
results from the rusting and expansion of steel rebar which reinforces
the concrete.
Sewage Disclosure Form:
The City of Marathon and unincorporated Monroe County have taken steps
to upgrade to central sewer systems. For questions regarding the timing
of the upgrades or estimated hook-up fees, contact:
Monroe County Health Department
3333 Overseas Highway
Marathon, FL 33050
(305) 289-2450
City of Marathon
10045-55 Overseas Highway
Marathon, FL 33050
(305) 743-0033
Lead Base Paint Warning:
For homes, apartments or condominiums built prior to 1978. Every purchaser
of any interest in residential real property on which a residential dwelling
was built prior to 1978 is notified that such property may present exposure
to lead from lead-based paint that may place young children at risk of
developing lead poisoning. Lead poisoning in young children may produce
permanent neurological damage, including learning disabilities, reduced
intelligent quotient, behavioral problems and impaired memory. Lead poisoning
also poses a particular risk to pregnant women. The seller of any interest
in residential real property is required to provide the buyer with any
information on lead-based paint hazards from risk assessments or inspections
in the seller’s possession and notify the buyer of any known lead-based
paint. A risk assessment or inspection for possible lead-based paint
hazards is reconverted prior to purchas