The Keys Buying process
Information unique to 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 to broaden your understanding of what
is important 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 have 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 January/1996, 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 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 -OR-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 purchase
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