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
